[Peace-discuss] DN!: Hersh: Congress Agreed to Bush Request...

Jenifer Cartwright jencart13 at yahoo.com
Tue Jul 1 00:16:33 CDT 2008


When the story broke (w/in the last year or so) Durbin claimed it would have been illegal for him to reveal that the evidence was bogus. And today on DN!, there was another reference to the illegality of those eight congresspersons' exposing the particulars of the covert operations against Iran. (I didn't buy it w/ Durbin, nor do I w/ Pelosi, Reid et al, but there does seem to be a loophole that needs closing). Those involved w/ publishing the Pentagon Papers were taking a huge personal and professional risk, but they were willing to risk everything for their principles. Not so this lot, sad to say.
 --Jenifer


--- On Mon, 6/30/08, C. G. Estabrook <galliher at uiuc.edu> wrote:

From: C. G. Estabrook <galliher at uiuc.edu>
Subject: Re: [Peace-discuss] DN!: Hersh: Congress Agreed to Bush Request...
To: "John W." <jbw292002 at gmail.com>
Cc: "Peace-discuss List" <peace-discuss at lists.chambana.net>
Date: Monday, June 30, 2008, 10:37 PM

Yes.  That's how Daniel Ellsberg wanted to reveal the classified Pentagon 
Papers.  Senator Mike Gravel eventually did it.

"On June 29, 1971, U.S. Senator Mike Gravel (Democrat, Alaska) entered
4,100 
pages of the Papers to the record of his Subcommittee on Public Buildings and 
Grounds. These portions of the Papers were subsequently published by Beacon 
Press... The importance of recording the Papers to the Congressional Record was

that, Article I, Section 6 of the United States Constitution provides that
"for 
any Speech or Debate in either House, [a Senator or Representative] shall not
be 
questioned in any other Place", thus the Senator could not be prosecuted
for 
anything said on the Senate floor, and, by extension, for anything entered to 
the Congressional Record, allowing the Papers to be publicly read without
threat 
of a treason trial and conviction.

"Later, Ellsberg said the documents 'demonstrated unconstitutional
behavior by a 
succession of presidents, the violation of their oath and the violation of the 
oath of every one of their subordinates', and that he had leaked the papers
in 
the hopes of getting the nation out of 'a wrongful war.'"

http://en.wikipedia.org/wiki/Pentagon_Papers


John W. wrote:
> 
> On Mon, Jun 30, 2008 at 9:56 PM, C. G. Estabrook <galliher at uiuc.edu 
> <mailto:galliher at uiuc.edu>> wrote:
> 
>     In fact it would have been perfectly legal for members of Congress
>     "to squeal about those secret operations [or] for Durbin et al.
to
>     divulge that they knew the 'evidence' given for justification
for
>     attacking Iraq was bogus" on the floor of the House or Senate. 
The
>     Constitution specifically says of members of Congress in the
"Speech
>     or Debate Clause" (Article I, Section 6, Clause 1) that "for
any
>     Speech or Debate in either House, they shall not be questioned in
>     any other Place." --CGE
> 
> 
> I don't understand.  Our legislators can talk about classified matters

> of national security on  the floor of the House or Senate?

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