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Sunday, February 1, 2026

Daniel Ellsberg: All the crimes Richard Nixon committed against me are now legal

H/tip Jesse’s Café Américain

Daniel Ellsberg: All the crimes Richard Nixon committed against me are now legal

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(Excerpts)  

ONLY ON THE BLOG: Answering today’s OFF-SET questions is Daniel Ellsberg, author, defense analyst and prominent whistleblower.

He is the subject of a documentary about his life, "The Most Dangerous Man in America," nominated for a 2010 Academy Award, which took its title from the words former Secretary of State Henry Kissinger used to describe Ellsberg in 1971.

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In the 1960s, Ellsberg was a high-level Pentagon official, a former Marine commander who believed the American government was always on the right side. But while working for the administration of Lyndon Johnson, Ellsberg had access to a top-secret document that revealed senior American leaders, including several presidents, knew that the Vietnam War was an unwinnable, tragic quagmire.

Officially titled "United States-Viet Nam Relations, 1945-1967: A Study Prepared by the Department of Defense,"–the Pentagon Papers, as they became known–also showed that the government had lied to Congress and the public about the progress of the war. In 1969, he photocopied the 7,000-page study and gave it to the Senate Foreign Relations Committee. In, 1971, Ellsberg leaked all 7,000 pages to The Washington Post, and 18 other newspapers, including The New York Times, which published them.

Not long after, he surrendered to authorities and confessed to being the leaker. Ellsberg was charged as a spy. (*More bio below)

[…]

On June 23, 1971, in an interview with CBS News anchor Walter Cronkite, you said,  "I think the lesson is that the people of this country can’t afford to let the President run the country by himself, even foreign affairs, without the help of Congress, without the help of the public. I think we cannot let the officials of the Executive Branch determine for us what it is that the public needs to know about how well and how they are discharging their functions." How concerned are you that elected officials haven’t learned those lessons?

I still stand by my cited conclusions, both for 1971 and for every single year since, including this one.  But I never expected elected officials in the Executive branch (of which there are exactly two in each administration) or their myriad subordinates to "learn those lessons" or to accept them as warnings.  

Leaders in the Executive branch–in every country– know what they’re doing, and why they’re doing it, and they always want to stay in office and keep on running things with as little interference from Congress, the public and the courts as possible: which means, with as much secrecy as they can manage.  So I’m not exactly concerned that they’re still at it (which is why I’m still at what I do), since that is so predictable, in every government, tyrannical or "democratic."

Our Founders sought to prevent this. Article I, section 8 of the Constitution, for the first time in constitutional history,  put the decision to go to war (beyond repelling sudden attacks) exclusively in the hands of Congress, not the president.  But every president since  Harry Truman in Korea–as the Pentagon Papers demonstrated up through LBJ, but beyond them to George W. Bush and Barack Obama–has violated the spirit and even the letter of that section of the Constitution (along with some others) they each swore to preserve, protect and defend.   

However, as has been pointed out repeatedly by Glenn Greenwald,  (CLICK HERE) and  Bruce Ackerman , David Swanson and others, no president has so blatantly violated the constitutional division of war powers as  President Obama in his ongoing attack on Libya, without a nod even to the statutory War Powers Act, that post-Pentagon Papers effort by Congress to recapture something of the role assigned exclusively to it by the Constitution.

This open disregard of a ruling statute (regardless of his supposed feelings about its constitutionality, which Obama has not even bothered to express) is clearly an impeachable offense, though it will certainly not lead to impeachment–given the current complicity of the leaders of both parties–any more than President George W. Bush’s misleading Congress into his crime against the peace, aggression, in Iraq, or President Johnson’s lies to obtain the Tonkin Gulf Resolution.

Yet the most important point, as I see it, is not the secrecy and the lying, or even the blatant disregard of the Constitution, the Presidential oath and the rule of law.

As the Pentagon Papers documented for the much of the Vietnam era (we still lack, and we still need, the corresponding Papers for the Nixon policy-making, that added over twenty thousand names unnecessarily to the Vietnam Memorial and over a million deaths in Vietnam) and the last decade confirms: the point is that the Founders had it right the first time.

As Abraham Lincoln explained their intention (in defending to his former law partner William Herndon his opposition to President Polk’s deliberately provoked Mexican War): "The provision of the Constitution giving the war making power to Congress was dictated, as I understand it, by the following reasons: kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object.  This our convention understood to be the most oppressive of all kingly oppressions, and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us."   (CLICK HERE to read the whole letter, which I keep pinned to the wall of my office).

As Lincoln put it, the alternative approach (which we have actually followed in the last sixty years) "places our President where kings have always stood."  And the upshot of that undue, unquestioning trust in the president and his Executive branch is: smart people get us into stupid (and wrongful) wars, and their equally smart successors won’t get us out of them.
 

Full article here >

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