PRINCETON: Daniel Ellsberg says Harsher penalties for leaks today

By Ellis Liang, Special to the Packet
   Since the Pentagon Papers were released in 1971, it has become more difficult to reveal the truth about the U.S. government, said Daniel Ellsberg at a lecture Thursday at Princeton University.
   Sponsored by the Woodrow Wilson School of Public and International Affairs, Mr. Ellsberg’s lecture described how today’s leakers, such as Wikileaks, are undergoing much stricter prosecution than his.
   Mr. Ellsberg is most known for prompting a national controversy when he released documents that exposed that the U.S. government knew that the Vietnam War could not be easily won and that the actual expected casualties were much higher than what was told to the public.
   Mr. Ellsberg became the first person to be prosecuted for a leak to the public and faced more than 115 years in prison on account of violating espionage, theft and conspiracy statues.
   The charges were dismissed after it was discovered that, in an attempt to gather defamatory evidence, the FBI and CIA had wiretapped Mr. Ellsberg, broken into his psychiatrist’s office and plotted to incapacitate him at a rally. But today, such intrusions are even more prevalent, he said.
   ”Everything that was done against me,” said Mr. Ellsberg, “including going to my psychiatrist, overhearing me without a warrant and concealing the evidence, and doing a CIA profile of me — which had never been done to a U.S. citizen before me — all of that is legal now since 9/11.”
   Mr. Ellsberg also admonished the Obama administration for misusing the Espionage Act of 1917 to try cases involving government leaks, since the original act was meant to prosecute Americans whose intent was to aid enemies during warfare.
   ”Espionage was intended for espionage and used only for that until my trial in 1971,” said Mr. Ellsberg. “Obama has brought six prosecutions in two years — two times more than any other president.”
   The recent case regarding Private Bradley Manning and Wikileaks is one example of the government’s harsher treatment. Pvt. Manning, who gave Wikileaks classified war logs from Afghanistan and Iraq and 250,000 State Department cables, is now being tried for violations similar to Mr. Ellsberg’s. However, since Pvt. Manning is being tried by court martial, the charges are more severe.
   ”I am confident that [Pvt. Manning] did not have the intent to harm the U.S. or help a foreign power, but Pvt. Manning is charged under military law, which doesn’t have intent in it,” said Mr. Ellsberg. “That was clearly unconstitutional, even for someone in the military.”
   Mr. Ellsberg says that it is not Pvt. Manning who should be on trial but the soldiers and government officials who Pvt. Manning’s leaks have uncovered to be war criminals. One video, for example, depicted U.S. soldiers conducting an air strike on Baghdad civilians.
   ”No one has been investigated for that or indicted. The only indictment has been for the person who released that information,” said Mr. Ellsberg.
   In addition, Mr. Ellsberg insists the charges against Pvt. Manning should be dropped.
   ”I do not think anyone should be prosecuted, blamed, or punished for releasing to Congress or the public classified information revealing criminal behavior. If it’s criminal, it should not be illegal to reveal it!”
   However, as repercussions for leakers become more severe, there are worries that fewer people will be willing to come forward with information on government wrongdoings. But Mr. Ellsberg thinks more people will use “channels that can maintain their anonymity.”
   ”The idea of Wikileaks is the future of leaking, given these prosecutions.”
   Despite the increased legal and political obstacles, Mr. Ellsberg hopes people will still risk telling the truth for the public good. He closed his lecture by quoting what Pvt. Manning stated was his intent for disclosing classified information:
   ”I had hoped for debate, discussion and reforms. Only an informed public can change these things. If there is no world-wide discussion of these things, I despair for my species.”