How Toughness on Leaks and a Free Press Link Trump, Obama, and Nixon
March 27, 2017
ARCHIVAL (PBS, 1-11-17):
DONALD TRUMP: Well, I think it’s pretty sad when intelligence reports get leaked out to the press. I think it’s pretty sad. First of all, it’s illegal.
NARRATION: President Trump has a problem.
ARCHIVAL (MSNBC, 1-22-17):
KELLYANNE CONWAY: President Trump is very concerned about the leaks that have occurred.
ARCHIVAL (CBS, 11-13-2017):
DONALD TRUMP: There’s been a lot of leaking, there’s no question about that.
NARRATION: It’s a problem that has frustrated many presidents before him.
ARCHIVAL (ABC, 11-16-81):
BARBARA WALTERS: What is your biggest disappointment?
RONALD REAGAN: The inability to control the leaks. I think the District of Columbia’s one giant ear.
ARCHIVAL (C-SPAN, 12-20-06):
GEORGE W. BUSH: I don’t appreciate those who leak classified documents.
NARRATION: But what do Americans really have a right to know about their government’s secrets?
ARCHIVAL (ABC, 11-29-10):
HILLARY CLINTON: It puts people’s lives in danger, threatens our national security.
NARRATION: And who should decide?
MATT APUZZO: If we just deferred that decision to the government, imagine what we would know about the world we live in right now. We would know nothing.
ARCHIVAL: (NIXON OVAL OFFICE TAPES, 6-13-71):
RICHARD NIXON: Right, well, Monday afternoon officially? Well, let’s wait until then. Fine. OK. Nothing else of interest in the world today?
ALEXANDER HAIG: Yes, sir, very significant, this goddamn New York Times exposé of the most highly classified documents of the war.
RICHARD NIXON: Oh, that. I see.
ALEXANDER HAIG: That, that—
RICHARD NIXON: I didn’t read the story, but you mean that was leaked out of the Pentagon?
NARRATION: On June 13th, 1971, The New York Times began publishing a trove of secret documents called the Pentagon Papers – exposing how president after president had misled the American people about their country’s role in escalating the Vietnam War.
ARCHIVAL (NIXON OVAL OFFICE TAPES, 6-17-71):
RICHARD NIXON: What in the world does a–do responsible publishers think about, to put out truckloads of secret documents?
REPRESENTATIVE F. EDWARD “EDDIE” HERBERT (D-LOUISIANA): It’s getting worse every day.
RICHARD NIXON: It’s awful, isn’t it?
FLOYD ABRAMS (COUNSEL FOR THE NEW YORK TIMES PENTAGON PAPERS CASE): The lawyers who represented The Times had already given dire warnings that publication could subject them to prosecution under the Espionage Act, that they could lose their television licenses, that the publisher could go to jail – all said with a very high level of intensity.
NARRATION: But The Times refused to stop publication, saying the American people had the right to know the hidden calculations behind the Vietnam War.
Nixon turned to the courts to stop them.
ARCHIVAL (NIXON OVAL OFFICE TAPES, 6-15-71):
RICHARD NIXON: Right to know. That’s of course a Goddamn code-word: right to know - the public has no right to know secret documents. What The Times has done, is placed itself above the law.
FLOYD ABRAMS: It was very unusual for the government to go to court to try to stop publication of anything. But the idea of a – the government going to court with respect to an ongoing news story was all but unknown.
NARRATION: For Nixon, the case was about more than stopping a leak. He wanted to undercut the press.
ARCHIVAL (NIXON OVAL OFFICE TAPES, 6-17-71):
RICHARD NIXON: Let’s make something out of it. It’s an opportunity.
CHARLES COLSON: This issue, Mr.–”
RICHARD NIXON: Listen, The New York Times, believe me, The New York Times can be discredited for, indefinitely as a result of this. In fact I’m going to.
ARCHIVAL (ABC, 6-17-1971):
ANCHOR: There’s more at stake in this debate than one newspaper series, or even one major breach of security. Sooner or later, we can expect this issue to come before the Supreme Court, and the question there will be the role of the press in a democracy.
NARRATION: The answer came quickly — in a 6 to 3 ruling that affirmed The Times’ right to publish the classified reports. Citing the need for checks on government power, the justices said that the Nixon administration had failed to prove that the release would cause any imminent harm.
FLOYD ABRAMS: It was very embarrassing for President Nixon to have gone to court and lost and have the Supreme Court write an opinion vindicating the press that he hated so much.
NARRATION: But Nixon wasn’t finished.
ARCHIVAL (NIXON OVAL OFFICE TAPES, 6-29-1971):
RICHARD NIXON: I just say that we’ve got to keep our eye on the main ball. The main ball is Ellsberg. We’ve got to get this son of a bitch.
NARRATION: Using a World War I statute meant to punish spies, Nixon’s Justice Department indicted Daniel Ellsberg — the military analyst responsible for leaking the Pentagon Papers to The Times.
DANIEL ELLSBERG (MILITARY ANALYST, LEAKED CLASSIFIED PENTAGON PAPERS REPORT): I was tried for a violation of what is commonly described as the Espionage Act because it’s usually for espionage, but I was tried under it for a non-espionage offense.
NARRATION: Unlike a spy, Ellsberg’s intention was not to help a foreign government, but to reveal the truth about the Vietnam War.
ARCHIVAL (CBS 1-31-73):
FRED P. GRAHAM: Daniel Ellsberg says he leaked the Pentagon Papers because the government lied and concealed facts about the Vietnam War.
ARCHIVAL (APTN, 7-10-1972):
DANIEL ELLSBERG: We won’t stop the killing. But this trial will inform the American public in ways that it’s never heard before of how we’ve been governed in the past quarter century and what censorship and deception do to a democracy.
DANIEL ELLSBERG: I’m not for espionage, and I don’t know anyone who is. And I’m not against criminalizing that. The question is, should it be criminal to inform your fellow citizens of things that, on the face, they ought to know?
NARRATION: That question was left unanswered as the Watergate scandal enveloped the Nixon Administration.
ARCHIVAL (NBC, 5-27-1973):
ANCHOR: The President said that in 1971, he formed an investigative unit inside the White House to fight what he called “national security leaks.” One of the first things that people in that unit did was to burglarize the offices of Daniel Ellsberg’s psychiatrist.
DANIEL ELLSBERG: With Watergate breaking out and with the revelation of the crimes they’d taken against me by an almost miraculous set of events my charges were dismissed.
ARCHIVAL (Getty, 1-11-17):
DONALD TRUMP: No. Not you. Not you. Your organization is terrible. Your organization is terrible. Let’s go. Go ahead. Quiet. Quiet. Go ahead. She’s asking a question, don’t be rude. Don’t be rude. Don’t be…. No I’m not going to give you a question. I’m not going to give you a question. You are fake news.
NARRATION: Almost five decades after the Pentagon Papers, a new administration is framing its own battle against leaks….
ARCHIVAL (CNN, 2-16-17):
DONALD TRUMP: We’re going to find the leakers and they’re going to pay a big price for leaking.
NARRATION: As part of a larger war…
ARCHIVAL (CNN, 1-27-17):
DONALD TRUMP: I think the media is the opposition party.
NARRATION: …with the press.
ARCHIVAL (FOX NEWS, 2-16-17):
DONALD TRUMP: The press has become so dishonest that if we don’t talk about it, we are doing a tremendous disservice to the American people.
FLOYD ABRAMS: I think there’s a danger that a President Trump who comes to office simmering with anger at a good deal of what the press routinely does and says about him could say, “I don’t have to take that.”
ARCHIVAL (Getty, 1-11-17):
DONALD TRUMP: Information that was false and fake…
NARRATION: Trump doesn’t have to look all the way back to Nixon if he wants a roadmap to aggressively prosecute leakers or take on the press. He need only look to his predecessor.
ARCHIVAL (THE WHITE HOUSE, 6-8-12):
BARACK OBAMA: If we can root out folks who have leaked, they will suffer consequences.
NARRATION: Over a span of four years, the Obama Administration charged eight people with violating the Espionage Act for sharing government secrets with the press — more than all previous administrations combined.
Matthew Miller was a senior official in the Obama Justice Department.
MATTHEW MILLER (DIRECTOR, DEPARTMENT OF JUSTICE, OFFICE OF PUBLIC AFFAIRS, 2009-2011): If you look the other way, then you only encourage other people to leak national security secrets. You do have to show that there are consequences for leaking information that could harm national security. And the only way to do that is to prosecute some of the individuals —responsible for the most egregious leaks. There are secrets that need to remain secret.
NARRATION: Miller says that keeping secrets secret became more challenging in the digital age. Massive leaks of classified information by Edward Snowden and Wikileaks showed how vulnerable secrets had become.
ARCHIVAL (ABC, 7-26-10):
DIANE SAWYER: Good evening, we begin tonight with that mountain of secret wartime information exposed in the press today, more documents than the Pentagon Papers during Vietnam.
NARRATION: But in trying to control leaks, Obama moved into territory that other Presidents had largely avoided.
ADAM GOLDMAN (INVESTIGATIVE REPORTER, THE NEW YORK TIMES): I’m sitting at my desk and I get an email that looks like it’s from the Department of Justice. I’m not sure what it is. And I think it’s spam. And I look at Matt, and I say, “Matt, what is this? Is this spam?”
MATT APUZZO (INVESTIGATIVE REPORTER, THE NEW YORK TIMES): And I said, “It’s not spam. The government just took our phone records.”
NARRATION: In May of 2013, former Associated Press reporters Matt Apuzzo and Adam Goldman learned that the government had seized their phone records during an investigation into who leaked details of a CIA operation in Yemen.
The dragnet scooped up records from phones used by more than one hundred reporters and editors.
MATT APUZZO: One thing we heard again and again from prosecutors was, “well, of course we took the phone records for your editors and your colleagues and your bureaus and swept everybody up, ‘cause that’s exactly how we would investigate a gang.” Well, we’re not a gang. We’re a newsroom and, you know, the right to deal drugs isn’t in the Constitution. So, there should be a recognition that what happens in the news gathering process is a little different. It felt like it was just an investigation intended to send the message, “Don’t talk to reporters.”
ADAM GOLDMAN: Yeah.
MATT APUZZO: It had the desired effect.
NARRATION: In the case of a classified leak to Fox News, the Obama Justice Department went so far as to imply that correspondent James Rosen – because of his reporting – could be charged with a crime.
ARCHIVAL (NBC, 5-26-13):
MICHAEL ISIKOFF: In court papers, an FBI agent said Rosen asked, solicited and encouraged a source to give him sensitive information about North Korea and that he was a possible “co-conspirator” for violations of the Espionage Act.
FLOYD ABRAMS: Not till that moment had the United States government ever characterized the behavior of a journalist as being that of a “co-conspirator” to a crime for asking questions about a government policy.
ARCHIVAL (FOX NEWS, 5-26-13):
BRIT HUME: That the Obama/Holder Justice Department is….
NARRATION: Rosen was never charged, and following a media outcry, the Obama administration reigned in some of the more aggressive tactics used to obtain journalists’ records.
ARCHIVAL (C-SPAN, 5-26-13):
BARACK OBAMA: We must enforce consequences for those who break the law. But a free press is also essential for our democracy, that’s who we are. And I’m troubled by the possibility that leak investigations may chill the investigative journalism that holds government accountable.
FLOYD ABRAMS: While there’s a necessity to protect national security, there is also an enormous need for an informed public. And so while, you know, one can justify certain prosecutions of leakers, the risk of them is that it does provide a roadmap for a hostile administration to really try to bring the press down.
ARCHIVAL (PBS, 1-11-17):
DONALD TRUMP: It’s all fake news, all phony stuff.
ARCHIVAL (CNN, 2-16-17):
DONALD TRUMP: The leaks are absolutely real. The news is fake.
MATT APUZZO: You just want the official line? You can get that from Twitter.
DONALD TRUMP: Let me ask you, should I keep the twitter going or not? Keep it going?
MATT APUZZO: You can subscribe to people’s press releases. There’s a million avenues for the official story.
ARCHIVAL (NBC , 1-22-17):
KELLYANNE CONWAY: You’re saying it’s a falsehood, and they’re giving–Sean Spicer, our press secretary, gave alternative facts, to that. But the point remains that–
CHUCK TODD: Alternative facts? Four of the five facts he uttered were just not true! Look alternative facts are not facts. They’re falsehoods.
MATT APUZZO: I think, in this day and age, the value of the unofficial story – the story that has not been sanctioned by the government, that value is greater than it’s ever been….Everything we know, from drones, to wiretapping, to the national security discussions going on at the White House–all of that stuff was classified. If we wrote nothing about what was classified, the public’s understanding of the War on Terrorism would essentially be 180 degrees from what’s actually going on.
NARRATION: Having lived through the Nixon era, Daniel Ellsberg says something larger is at stake.
DANIEL ELLSBERG: Can you really have democracy, in a real sense, with the government having the final voice and the total voice as to what citizens shall know about what they’re doing and whether they’re telling the truth, and whether they’re obeying the law? I would say no. If they have the last word, and if citizens can only know what the government tells them, it’s a mockery of a democracy.