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

LAURIE LAURIE at ADVANCENET.NET
Tue Jul 1 06:51:49 CDT 2008


Despite the mentioned legal protections afforded members of Congress
concerning speeches made in their respective chambers, members of Congress
are not exempt from internal and/or political sanctions of loss of
seniority, committee assignments, office facilities, and other
organizational restrictions.  I am inclined to give those who said that it
would have been illegal to reveal information gained from closed door
sessions and under security clearances the benefit of the doubt and accept
that they were using the term "illegal" loosely  in a general common
everyday sense and not in a technical sense, suggesting that it would have
violated agreements and chamber rules.

 

From: peace-discuss-bounces at lists.chambana.net
[mailto:peace-discuss-bounces at lists.chambana.net] On Behalf Of Jenifer
Cartwright
Sent: Tuesday, July 01, 2008 12:17 AM
To: John W.; C. G. Estabrook
Cc: Peace-discuss List
Subject: Re: [Peace-discuss] DN!: Hersh: Congress Agreed to Bush Request...

 


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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