The Most Dangerous Man In America

Daniel Ellsburg and the Pentagon Papers

Antidote Films

R4 DVD

This documentary tracks one of the most important cases in American legal history. The story spanned decades of the war in Vietnam and finished up in the U.S. courts to decide the matters of freedom of speech, even the publishing of top secret documents, and the right of the American public to be informed if their leaders were lying to them. The recent scandal of supposed weapons of mass destruction in Iraq is an accurate parallel of the Pentagon Papers scandal.

Young Daniel Ellsburg was an intelligence analyst at the Rand Corporation, an intelligence organization set up in California by the U.S. military. The documentary has it that Rand was set up in California to keep a low profile and to reduce interference in its work by government officials and agencies. One of its products was a massive analysis of the Vietnam war – its history under the U.S.- financed French, the U.S. military buildup under President Johnson, and its current conduct. Many of the report’s findings were counter to what the President was saying publicly. Ellsburg visited Vietnam in person and was surprised at the discrepancy about what was being reported and what was actually happening. Johnson was determined to pursue an aggressive anti-Communist policy and information that ran counter to this was quashed at a high level. The report was classified Top Secret as much to prevent it falling into the President’s hands as for any other reason. The President’s advisers wanted the President to hear only what he wanted to hear.

As successive Presidents lied to the Press (they didn’t want to be seen as the president who lost a war) and the American people Ellsburg became convinced that the war was a fraud and should be stopped. He distributed copies of the Pentagon Papers to a number of politicians who all seemed to develop cold feet at the idea of appearing unpatriotic. Finally Ellsburg supplied a copy to the Boston Globe, who began to publish the massive document. They were soon stopped by a court injunction brought by the government. Ellsburg then supplied copies to the Washington Post who continued publication. They too were stopped by injunction. Eventually seventeen papers had published parts of the papers. When the injunctions finally came to court for decision the courts ruled against “preemptive censorship” by use of the Top Secret classification. The First Amendment to the American Constitution, guaranteeing free speech, was upheld even in cases where the information would disadvantage the government.

President Nixon was incensed at the court decision and decided to go after Ellsburg and discredit him. The same team that burgled Watergate also broke into Ellsburg’s psychiatrist’s office (he was under tremendous stress). They tapped his phones for two years before charges were brought against him. Finally Ellsburg and a friend were charged with a list of crimes that could have got them 115 years in prison. The judge dismissed the case saying the government’s argument was so tainted by malpractice and illegal acts that a fair trial would not be possible. He also revealed that he had been offered a job as head of the FBI, presuming the “right” decision was passed down. Nixon was threatened with impeachment over Watergate and resigned. Congress finally cut off funds for the Vietnam war.

The case was important to the U.S. because it reined in the power of “imperial” presidents and guaranteed the right to free speech for newspapers. The government could no longer hide behind “national security” as an excuse for secrecy. It was also important on a world scale because a later President learned nothing from it. Without newspaper exposure of the lies told about the reason for invading Iraq the world could still be looking for weapons of mass destruction.

The documentary is well laid out and clearly put. It is a lesson on the power of the people and the legal system if the people are properly informed.

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