Author: Daniel Ellsberg

I just learned that my friend Howard Zinn died today. Earlier this morning, I was being interviewed by the Boston Phoenix, in connection with the release in Boston in February of a documentary in which he is featured prominently. The interviewer asked me who my own heroes were, and I had no hesitation in answering, first, “Howard Zinn.”

Just weeks ago after watching the film on December 7, I woke up the next morning thinking that I had never told him how much he meant to me. For once in my life, I acted on that thought in a timely way. I sent him an e-mail in which I said, among other things, what I had often told others about him: that he was,” in my opinion, the best human being I’ve ever known. The best example of what a human can be, and can do with their life.”

Our first meeting was at Faneuil Hall in Boston in early 1971, where we both spoke against the indictments of Eqbal Ahmad and Phil Berrigan for “conspiring to kidnap Henry Kissinger,” from which we marched with the rest of the crowd to make Citizens’ Arrests at the Boston office of the FBI. Later that spring we went with our affinity group (including Noam Chomsky, Cindy Fredericks, Marilyn Young, Mark Ptashne, Zelda Gamson, Fred Branfman and Mitch Goodman), to the Mayday actions blocking traffic in Washington (“If they won’t stop the war, we’ll stop the government”). Howard tells that story in the film and I tell it at greater length in my memoir, Secrets: A Memoir of Vietnam and the Pentagon Papers (pp.376-81). But for reasons of space, I had to cut out the next section in which Howard–who had been arrested in DC after most of the rest of us had gone elsewhere–came back to Boston for a rally and a blockade of the Federal Building. I’ve never published that story, so here it is, an out-take from my manuscript:

A day later, Howard Zinn was the last speaker at a large rally in Boston Common. I was at the back of a huge crowd, listening to him over loudspeakers. 27 years later, I can remember some things he said. “On Mayday in Washington thousands of us were arrested for disturbing the peace. But there is no peace. We were really arrested because we were disturbing the war.”

He said, “If Thomas Jefferson and Alexander Hamilton had been walking the streets of Georgetown yesterday, they would have been arrested. Arrested for being young.”

At the end of his comments he said, “I want to speak now to some of the members of this audience, the plainclothes policemen among us, the military intelligence agents who are assigned to do surveillance. You are taking the part of secret police, spying on your fellow Americans. You should not be doing what you are doing. You should rethink it, and stop. You do not have to carry out orders that go against the grain of what it means to be an American.”

Those last weren’t his exact words, but that was the spirit of them. He was to pay for that comment the next day, when we were sitting side by side in a blockade of the Federal Building in Boston. We had a circle of people all the way around the building, shoulder to shoulder, so no one could get in or out except by stepping over us. Behind us were crowds of people with posters who were supporting us but who hadn’t chosen to risk arrest. In front of us, keeping us from getting any closer to the main entrance to the building, was a line of policemen, with a large formation of police behind them. All the police had large plastic masks tilted back on their heads and they were carrying long black clubs, about four feet long, like large baseball bats. Later the lawyers told us that city police regulations outlawed the use of batons that long.

But at first the relations with the police were almost friendly. We sat down impudently at the very feet of the policemen who were guarding the entrance, filling in the line that disappeared around the sides until someone came from the rear of the building and announced over a bullhorn, “The blockade is complete. We’ve surrounded the building!” There was a cheer from the crowd behind us, and more people joined us in sitting until the circle was two or three deep.

We expected them to start arresting us, but for a while the police did nothing. They could have manhandled a passage through the line and kept it open for employees to go in or out, but for some reason they didn’t. We thought maybe they really sympathized with our protest, and this was their way of joining in. As the morning wore on, people took apples and crackers and bottles of water out of their pockets and packs and shared them around, and they always offered some to the police standing in front of us. The police always refused, but they seemed to appreciate the offer.

Then one of the officers came over to Howard and said, “You’re Professor Zinn, aren’t you?” Howard said yes, and the officer reached down and shook his hand enthusiastically. He said, “I heard you lecture at the Police Academy. A lot of us here did. That was a wonderful lecture.” Howard had been asked to speak to them about the role of dissent and civil disobedience in American history. Several other policemen came over to pay their respects to Howard and thank him for his lecture. The mood seemed quite a bit different from Washington.

Then a line of employees emerged from the building, wearing coats and ties or dresses. Their arms were raised and they were holding cards in their raised hands. As they circled past us they hold out the cards so we could see what they were: ID cards, showing they were federal employees. They were making the peace-sign with their other hands, they were circling around the building to show solidarity with what we were doing. Their spokesman said over a bullhorn, “We want this war to be over, too! Thank you for what you are doing! Keep it up.” Photographers, including police, were scrambling to take pictures of them, and some of them held up their ID cards so they would get in the picture. It was the high point of the day.

A little while after the employees had gone back inside the building, there was a sudden shift in the mood of the police. An order had been passed. The bloc of police in the center of the square got into tight formation and lowered their plastic helmets. The police standing right in front of us, over us, straightened up, adjusted their uniforms and lowered their masks. Apparently the time had come to start arrests. The supporters who didn’t want to be arrested fell back.

But there was no arrest warning. There was a whistle, and the line of police began inching forward, black batons raised upright. They were going to walk through us or over us, push us back. The man in front of us, who had been talking to Howard about his lecture a little earlier, muttered to us under his breath, “Leave! Now! Quick, get up.” He was warning, not menacing us.

Howard and I looked at each other. We’d come expecting to get arrested. It didn’t seem right to just get up and move because someone told us to, without arresting us. We stayed where we were. No one else left either. Boots were touching our shoes. The voice over our heads whispered intensely, “Move! Please. For God’s sake, move!” Knees in uniform pressed our knees. I saw a club coming down. I put my hands over my head, fists clenched, and a four-foot baton hit my wrist, hard. Another one hit my shoulder.

I rolled over, keeping my arms over my head, got up and moved back a few yards. Howard was being hauled off by several policemen. One had Howard’s arms pinned behind him, another had jerked his head back by the hair. Someone had ripped his shirt in two, there was blood on his bare chest. A moment before he had been sitting next to me and I waited for someone to do the same to me, but no one did. I didn’t see anyone else getting arrested. But no one was sitting anymore, the line had been broken, disintegrated. Those who had been sitting hadn’t moved very far, they were standing like me a few yards back, looking around, holding themselves where they’d been clubbed. The police had stopped moving. They stood in a line, helmets still down, slapping their batons against their hands. Their adrenaline was still up, but they were standing in place.

Blood was running down my hand, covering the back of my hand. I was wearing a heavy watch and it had taken the force of the blow. The baton had smashed the crystal and driven pieces of glass into my wrist. Blood was dripping off my fingers. Someone gave me a handkerchief to wrap around my wrist and told me to raise my arm. The handkerchief got soaked quickly and blood was running down my arm while I looked for a first-aid station that was supposed to be at the back of the crowd, in a corner of the square. I finally found it and someone picked the glass out of my arm and put a thick bandage around it.

I went back to the protest. My shoulder was aching. The police were standing where they had stopped, and the blockade had reformed, people were sitting ten yards back from where they had been before. There seemed to be more people sitting, not fewer. Many of the supporters had joined in. But it was quiet. No one was speaking loudly, no laughing. People were waiting for the police to move forward again. They weren’t expecting any longer to get arrested.

Only three or four people had been picked out of the line to be arrested before. The police had made a decision (it turned out) to arrest only the “leaders,” not to give us the publicity of arrests and trials. Howard hadn’t been an organizer of this action, he was just participating like the rest of us, but from the way they treated him when they pulled him out of the line, his comments directly to the police in the rally the day before must have rubbed someone the wrong way.

I found Roz Zinn, Howard’s wife, sitting in the line on the side at right angles to where Howard and I had been before. I sat down between her and their housemate, a woman her age. They had been in support before until they had seen what happened to Howard.

Looking at the police in formation, with their uniforms and clubs, guns on their hips, I felt naked. I knew that it was an illusion in combat to think you were protected because you were carrying a weapon, but it was an illusion that worked. For the first time, I was very conscious of being unarmed. At last, in my own country, I understood what a Vietnamese villager must have felt at what the Marines called a “county fair,” when the Marines rounded up everyone they could find in a hamlet–all women and children and old people, never draft- or VC-age young men–to be questioned one at a time in a tent, meanwhile passing out candy to the kids and giving vaccinations. Winning hearts and minds, trying to recruit informers. No one among the villagers knowing what the soldiers, in their combat gear, would do next, or which of them might be detained.

We sat and talked and waited for the police to come again. They lowered their helmets and formed up. The two women I was with were both older than I was. I moved my body in front of them, to take the first blows. I felt a hand on my elbow. “Excuse me, I was sitting there,” the woman who shared the Zinn’s house said to me, with a cold look. She hadn’t come there that day and sat down, she told me later, to be protected by me. I apologized and scrambled back, behind them.

No one moved. The police didn’t move, either. They stood in formation facing us, plastic masks over their faces, for quite a while. But they didn’t come forward again. They had kept open a passage in front for the employees inside to leave after five, and eventually the police left, and we left..

There was a happier story to tell, just over one month later. On Saturday night, June 12, 1971, we had a date with Howard and Roz to see Butch Cassidy and the Sundance Kid in Harvard Square. But that morning I learned from someone at the New York Times that—without having alerted me—the Times was about to start publishing the top secret documents I had given them that evening. That meant I might get a visit from the FBI any moment; and for once, I had copies of the Papers in my apartment, because I planned to send them to Senator Mike Gravel for his filibuster against the draft.

From Secrets (p. 386):

“I had to get the documents out of our apartment. I called the Zinns, who had been planning to come by our apartment later to join us for the movie, and asked if we could come by their place in Newton instead. I took the papers in a box in the trunk of our car. They weren’t the ideal people to avoid attracting the attention of the FBI. Howard had been in charge of managing antiwar activist Daniel Berrigan’s movements underground while he was eluding the FBI for months (so from that practical point of view he was an ideal person to hide something from them), and it could be assumed that his phone was tapped, even if he wasn’t under regular surveillance. However, I didn’t know whom else to turn to that Saturday afternoon. Anyway, I had given Howard a large section of the study already, to read as a historian; he’d kept it in his office at Boston University. As I expected, they said yes immediately. Howard helped me bring up the box from the car.

We drove back to Harvard Square for the movie. The Zinns had never seen Butch Cassidy before. It held up for all of us. Afterward we bought ice-cream cones at Brigham’s and went back to our apartment. Finally Howard and Roz went home before it was time for the early edition of the Sunday New York Times to arrive at the subway kiosk below the square. Around midnight Patricia and I went over to the square and bought a couple of copies. We came up the stairs into Harvard Square reading the front page, with the three-column story about the secret archive, feeling very good.”

Dear friends:

I just learned, late this New Year’s Eve, of my friend Mordechai Vanunu’s outrageous arrest, facing further imprisonment, for “meeting with foreigners” (of which I have quite openly been one, on several occasions). I plan to do whatever I can to bring international pressure to bear on the Israeli government to free him. My views about him are expressed adequately in the op-ed below which appeared in the LA Times (and elsewhere, including Common Dreams) on the day of his release having served 18 years in prison, five years ago.

Mordechai Vanunu–my friend, my hero, my brother–has again been arrested in Israel on “suspicion” of the “crime” of “meeting with foreigners.” I myself have been complicit in this offense, traveling twice to Israel for the express purpose of meeting with him, openly, and expressing support for the actions for which he was imprisoned for over eighteen years. His offense has been to defy openly and repeatedly ,conditions put on his freedom of movement and associations and speech after he had served his full sentence, restrictions on his human rights which were a direct carry-over from the British Mandate, colonial regulations in clear violation of the Universal Declaration of Human Rights. Such restrictions have no place in a nation evincing respect for a rule of law and fundamental human rights. His arrest and confinement are outrages and should be ended immediately.

My perspective on Mordechai and his behavior was expressed as well as I could do it today in the following op-ed published in 2004 on the day of his release from prison. I can only say that I would be proud to be known as the American Vanunu: though my own possible sentence of 115 years for revealing state secrets was averted by disclosure of government misconduct against me which pales next to the Israeli misconduct in assaulting, drugging and kidnapping Vanunu in the process of bringing him to trial, let alone the eleven years of solitary confinement he was forced to endure.

Nuclear Hero’s “Crime” Was Making Us Safer
by Daniel Ellsberg
[Published 4/21/04 in the Los Angeles Times — Links added not in original]

Mordechai Vanunu is the preeminent hero of the nuclear era. He consciously risked all he had in life to warn his own country and the world of the true extent of the nuclear danger facing us. And he paid the full price, a burden in many ways worse than death, for his heroic act — for doing exactly what he should have done and what others should be doing.

Vanunu’s “crime” was committed in 1986, when he gave the London Sunday Times a series of photos he had taken within the Israeli nuclear weapons facility at Dimona, where he had worked as a technician.

Continue reading “Daniel Ellsberg on Mordechai Vanunu’s Arrest”

Anthony Russo, my partner in the March 1971 leak of secret government archives (The Pentagon Papers) exposed how successive U.S. administrations manipulated America into the Vietnam War, died August 5, 2008 at his home in Suffolk, Virginia.

Tony Russo came to be my best friend at Rand after I came back from Vietnam in 1967, and we became even closer after he left. He was fired from Rand, despite my efforts to keep him, for the best of reasons: He had, in classified reports, analyzed the class basis of the Vietnam conflict, and he had exposed the widespread use of torture by our Vietnamese forces, with American involvement. I learned more from Tony than from anyone else about the nature of the National Liberation Front, some members of which had impressed him deeply when he interviewed them about a Rand research project. He was brilliant and funny, with a very original and creative mind. He was also very warm — more likeable than me, as many who attended our trial discovered.

Just before I decided to copy the Pentagon Papers, with Tony’s help, he made a suggestion that played a key role in my decision. Tony did not know that the Pentagon Papers were being held at Rand, or were in my safe, or even that I had worked on the study, because I was under orders not to tell anyone. But I did tell him in late September 1969 that I had been reading a study (which later became the basis of the Pentagon Papers) that revealed a lot of high-level lying. He said to me, “You ought to put that out.” This was an extraordinary thing for someone who had until recently held a top secret clearance to say to anyone, least of all to someone who still had a clearance. In fact, I never heard of such a suggestion being made before or since (except of course by me, later). A week after this conversation, with other events working on my mind, I called him up and said, “Tony, do you know a study that I mentioned last week? Well, I’ve got it, and I think I will put it out. Can you help?”

I don’t think there was anyone else in the world with past official experience I would’ve gone to with that request, no matter how close a friend they were. I knew that he was the one person with the combination of guts and passionate concern about the war who would take the risk of helping me. I asked him if he knew where we could find a Xerox machine, and within an hour he got back to me with the word that his then-girlfriend had a machine in her office we could use. We started either that night or the next, we were never able to recall which. If he had not found that machine, that very week, before Nixon had committed himself to staying in Vietnam in a speech on November 3rd, I don’t think I would have taken the route I did, because it simply wouldn’t have seemed promising enough. As it was, Tony took the exact same risks I did of prosecution. Frankly, at the time, I didn’t think that was true; I thought I was the only one at risk. But I was mistaken, as it turned out, when Tony was indicted on three felony counts in the fall of 1971.

One further note: It is frequently said in relation to the current trial of the former AIPAC employees that theirs is the first prosecution of someone for a leak who was not an official and did not have a clearance. That is false. Tony Russo was indicted on the exact same charges, with the exact same status. As is the case with the AIPAC employees, if he had been convicted on that basis, every journalist and even every newspaper reader who had possession of information that had been disclosed without authorization (that is, ‘leaked’) would be equally subject to prosecution. So it was crucial for freedom of speech, freedom of the press, and the public’s need to know that Tony was not convicted in our trial, by reason of governmental misconduct.

Our friendship was strained later (not so much during the trial, as far as I was concerned, but by some events shortly after the trial), and we saw each other only intermittently over the next 30 years. In the last few years, on several occasions when he was gravely ill, we did meet, and had very warm conversations which I appreciated. The fact is I will be eternally grateful to Tony for his courage and partnership in what proved to be a useful action. He set an example of willingness to risk everything for his country and for the Vietnam that he loved that very few, unfortunately, have emulated. I only hope that others will continue to be inspired by it.

Tomorrow, July 8th, could mark the beginning of official condoning of warrantless surveillance of law-abiding citizens in the US, not to mention foreign nationals. Much of this information has been covered by Glenn Greenwald in the past week.

In the video below, I talk about what every American needs to know — and do in the next 24 hours — about the new FISA (Federal Information and Surveillance Act) amendments. The interview, and below partial transcription, answers questions like…

-I don’t have anything to hide. How does this affect me?
-What if this type of surveillance is what has prevented another 9/11 from happening?
-What are common inaccuracies about FISA reported in the media?

Find below how you can make a real impact in less than 60 seconds. Every person counts — the Senators who will vote are watching the numbers. 41 Senators can block the bill, and it’s not too late.

Please do the following: How I ask you to spend 60 seconds

1. ALL AMERICANS: Go to the EFF website here and put in your zipcode to find your Senator’s phone number. Call them and read the short script on the same page. If no answer, click the link at the bottom of the page to e-mail them.
(Tell others verbally to go to “www.eff.org” and click “take action”)

2. OBAMA SUPPORTERS: Go to My.BarackObama.com here and join the group requesting he oppose (as he did earlier) the amendment. This takes about 30 seconds. I suggest changing “ListServ” in the bottom right to “Do not receive e-mails.” (Tell others verbally to search “obama please vote no” on Google and My.BarackObama.com will be in the top 3 results, currently #1)

Watch the video:

Some Highlights of the interview:

1. Why does the vote this Tuesday, July 8th matter to normal people who have nothing to hide?

Ordinary citizens who want to live in a democracy — including those with nothing to hide — should be concerned about the ability of the government to use private, sensitive personal information to blackmail, manipulate, and intimidate their representatives, journalists and their sources, potential whistleblowers, and activists or dissenters of any sort.

2. Couldn’t it be argued that this type of surveillance ability has prevented another 9/11 from happening? Isn’t it possible that this type of legislation has saved American lives?

The administration has claimed that is has, but without presenting a single piece of evidence that this is so, even in closed hearings to Senators with clearances on the Intelligence Committee. The FISA court has granted warrants in virtually every request that’s been made of it that has any color of helping national security. The administration’s decision to bypass that court, illegally, leads to a strong suspicion that they are abusing domestic spying, as some of their predecessors did, in ways that even the secret FISA court would never approve.

3. What are the most important factual inaccuracies about FISA found in the media?

Advocates of the bill take pride that it makes this amended FISA the exclusive basis for overhearing citizens, but that exclusivity is, in fact, in the current 30-year-old FISA bill already. President Bush simply ignored it in bypassing FISA, and there’s not reason that he and his successors would not continue to do the same here.

It’s been inaccurately stated that if this amendments didn’t pass, FISA would expire. This is flatly false. FISA is open-ended and will continue as it already has, adequately for 30 years. What would expire are some blanket surveillance orders authorized last year, which the majority of Democrats, including Senator Obama, voted against.

The current bill does include one useful amendment to FISA, which could be passed with virtually unanimous approval in an afternoon, to allow warrantless interception of foreign-to-foreign communications that happen to pass through the United States. No one opposes this.

Various administration officials have claimed that the requirement of applying for a warrant from the FISA court deprived them of speed and flexibility. This is false. The FISA allows for surveillance to be implemented in an emergency situation before a warrant is sought, and that could undoubtedly be extended with Congressional approval without controversy.

What the administration seeks, and this bill provides, is permanent warrantless surveillance.

4. Let’s consider an analogy: police officers have the legal right to stop you if you’re going 56 mph in a 55-mph zone, but this right isn’t often abused or applied to harass citizens. What makes you think the administration would abuse their surveillance powers if this amendment is approved?

The abuses of surveillance to which governments are drawn are those that keep them in office, used to intimidate and manipulate their rivals, and to avoid debate and dissent on their policies. These are exactly the abuses that the Church Committee discovered in 1975, which had been conducted on a wide-scale by the Johnson and Nixon administrations, and in some cases even earlier, which is what lead to FISA in the first place.

To remove judicial oversight, which this amendment would effectively do, is to invite the same kind of repressive abuse that lead to FISA in the first place.

5. Why would the current administration want this amendment to pass, if not for safety of citizens and prevention of attacks?

Using NSA to spy without judicial oversight or constraint on American citizens provides the infrastructure for dictatorship. George W. Bush has frequently said what other presidents may only have thought: “It would be a heck of a lot easier in a dictatorship, if only I were the dictator.”

Other presidents have violated the law and the Constitution in much the same way as Bush, so long as they could do it secretly, but they haven’t proclaimed that as a right of their office as Bush, Cheney and their legal advisors have done.

The oath of office they took, along with all members of Congress, was to support and defend the Constitution against all enemies, foreign or domestic. I believe that, in the matters we’ve been discussing, the Founders had it right, not only for their time but for ours.