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Legislative Process Keyed to Mikva, 5th Ed.
Gravel v. United States
Citation:
408 U.S. 606, 92 S.Ct. 2614 (1972)Facts
On June 29, 1971, Senator Mike Gravel, Chairman of the Senate Subcommittee on Buildings and Grounds, convened a nighttime meeting of his subcommittee where he read extensively from the Pentagon Papers, a classified Defense Department study on Vietnam policy. He then placed all 47 volumes of the study in the public record. Leonard Rodberg, who had been added to the Senator’s staff earlier that day, assisted in preparing for and conducting the hearing. Weeks later, press reports indicated that Senator Gravel had arranged for Beacon Press to publish the papers. A federal grand jury began investigating possible criminal conduct related to the release and publication of these classified documents, including potential violations of laws concerning retention of public property, gathering of defense information, removal of public records, and conspiracy. When the grand jury subpoenaed Rodberg and Howard Webber (Director of M.I.T. Press), Senator Gravel intervened, claiming that requiring these witnesses to testify would violate his privilege under the Speech or Debate Clause. The case ultimately reached the Supreme Court, which had to determine the scope of the Speech or Debate Clause’s protection for both the Senator and his aide.
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