The Production
L.A. Theatre Works' Production of Top Secret: The Battle for the Pentagon Papers will be appearing across the U.S. this fall. Click Here for a Study Guide
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The Discussion
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As part of furthering the Discussion, universities across the country will be sponsoring presentations, panels, film-showings, actor Q&A sessions, and other events associated with the performance.
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The Newspapers
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The right to publish the Pentagon Papers was viewed as a triumph for free press, but the press's constant duty to deal carefully with national security has led to many other moments of conflict with the government.
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The Leakers
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Government leaks of confidential information can be self-interested, done in the interest of one's superior, or made as attacks against other figures or departments.
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The Courts
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The Supreme Court decided on First Amendment Grounds that prior restraint could not prevent publication of the Pentagon Papers, even though the information related to defense and national security.
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The Documents
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"The Pentagon Papers" as a term references the 7,000-page, 47-volume, 2.5 million-word product of the 'Vietnam History Task Force'.
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The Administration
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The Nixon Adminstration had several options when confronted with the Pentagon Papers leak -- and may have chosen the least productive response possible
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News & Updates

Los Angeles Times and Sunshine Week
Los Angeles Performance Finale

As Top Secret ended its final run at the Skirball Cultural Center, the Los Angeles Times published an excellent preview piece, and a later op-ed relating the Pentagon Papers episode to current events, and there have been a number of stories about the impressive slate of events held as part of the collaboration between Top Secret and Sunshine Week, including a panel that followed the March 13 performance, (which was replayed in radio form on KPCC-FM in Los Angeles on June 28). The dialogue after the final live performance was led by Peter Scheer, executive director of the California First Amendment Coalition. Panelists were  David C. Kohler, former CNN general counsel who now is director of the Donald E. Biederman Entertainment and Media Law Institute and Professor of Law, Southwestern Law School, Los Angeles; and Marc Cooper, lecturer and associate director of USC Annenberg Institute for Justice and Journalism. "This partnership provides an exciting and creative new avenue to engage people in the discussion about how important it is to our democracy to protect people's right to information," said David Westphal, Washington editor for McClatchy Newspapers and co-chair of the American Society of Newspaper Editors' Freedom of Information Committee." You can also view two of the post-show panels including John Dean and Bob Shear.  Sunshine Week is a national initiative that encourages discussions about the importance of open government and freedom of information led by ASNE. Additionally, two new books, one about Nixon Attorney General John Mitchell (which has been garnering attention and controversy), and one about the history of research at the  RAND corporation, will be sure to continue to provide insight into this historical period. UPDATE: The Boston Globe recently published an excellent op-ed from its former editor commemorating the anniversary of their publication of the Pentagon Papers.



Slate
New Pentagon Papers?

A recent piece in Slate ("I Want My Pentagon Papers!") asks whether a recent New York Times article on a report by RAND Corp. regarding the Iraq war planning would be equivalent to a modern-day Pentagon papers, and questions whether the Times should release full the text of the report, and the Daily Kos asked the same question about a recent Pentagon Report that characterized the war as a 'debacle'. Meanwhile, the Top Secret tour wrapped up a performance at Penn State University   (video), and one at the University of Pennsylvania that was met with acclaim by the Philadephia Inquirer and other outlets . The show's final performance  after its 23-city tour will be in Los Angeles this March. The issues explored by this docudrama take on an even deeper resonance as Congress debates secrecy in the reform proposals and liability implications for the nation's wiretapping programs, as the executive enacts cuts in funding for the ombudsman position of the recently reformed FOIA system, and as presidential candidates debate ways to break the current culture of secrecy.



Rave Reviews
‘Pentagon Papers’ Return to Washington Post

The theatre section of the Washington Post, the newspaper that itself is a key subject of Top Secret, published a glowing article and photo slide show about the play, as a precusor to the engagement at the University of Maryland, which featured a pre-show discussion that brought former Post Executive Editor Ben Bradlee and Daniel Ellsberg together for their first-ever meeting. The panel was moderated by American Journalism Review President Thomas Kunkel and the performance was attended by several key figures who were subjects of the play.This came after very successful events in Iowacritically-acclaimed performances ("It's no Secret: these guys can act!") in Sprinfield, Illinois and WashU, insightful panels in Columbia, Mo.  (which will be rebroadcast and webstreamed on KBIA on March 9),  good reviews at UConn (hailing a "Top" notch performance), and an Asheville, N.C.  peformance that was a source of lasting inspiration, as was the Wake Forest presentation, a recording of which was aired and web-streamed live on WFDD on Feb. 10. (the same day as the Sarasota, Fl. performance). The tour continues to Penn State on Feb. 13 and then on to California in March



L.A. Theatre Works
Spring Tour Kicks Off Strong

The Spring Tour of "Top Secret: the Battle for the Pentagon Papers" has begun with a comprehensive and exciting kick-off at Wake Forest University which is generating great 'buzz' , including a review calling it a "joy to watch" and an excellent column about the actress playing Katherine Graham. As part of that university's "Voices of our Time" series, the performance will be accompanied by an address by Daniel Ellsberg, as well as radio broadcasts. The Wake Forest engagement will be followed by a two-day performance at the Diana Wortham Theatre in North Carolina, and then on to a great program at  University of Richmond Jan 22-23, which is being widely anticipated. There are also compelling events planned to accompany the performance on Jan. 28-29 at the University of Iowa, as well as mounting excitement for the Feb. 6 Concord, N. H. performance. Click here to read what audiences are saying about the play.


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Congress
FOIA Reform Bill Passes

On Wednesday evening, Congress passed the first FOIA Reform bill in a decade to the praise of freedom of information groups. Meanwhile, the Senate is working on a FISA reform bill that it will seek passage for during the beginning of next year, and the CIA has agreed to work with the House on the 'torture tape' investigation.




Leaks, Classified Docs, and Tell-Alls

As Washington fumes and demands answers in light of the leak of the destruction of the CIA "torture tapes", the House, Senate, and Executive are all promising investigations, and are focusing the nation's attention on the potential CIA abuses of the classification system and national archiving policies. Key texts in understanding the CIA and classification systems include Tim Weiner's Legacy of Ashes and Ted Gup's Nation of Secrets (which was subject of a recent discussion).  These developments also come on the heels of more decisions favoring secrecy over transparency, such as the DOJ opinion that the Vice-President's office is exempt  from classification rules, and that the Foreign Intelligence Surveillance Court's rulings will remain under seal. Meanwhile, former Nixon aide Egil "Bud" Krogh has released a memoir on "Integrity", and Daniel Ellsberg is supporting other whistleblowers.




Fall Tour Wraps Up; Government - Press Tension Continues

The Fall 2007 tour of Top Secret, which opened in Hampton, Va., visited universities across the country, including Stanford, and concluded with a performance in Omaha, Nebraska -- picking up critical acclaim along the way. Preparations for the 2008 tour are underway, and the kick-off for the second leg of the national tour will be at Wake Forest University on Jan. 17. But as the tour closed, revelations surfaced about the New York Times, once again withholding information at the request of government officials: "The New York Times has known details of the secret program for more than three years... The newspaper agreed to delay publication of the article after considering a request from the Bush administration, which argued that premature disclosure could hurt the effort to secure the weapons.... Early this week, the White House withdrew its request that publication be withheld, though it was unwilling to discuss details of the program." Does this represent another example of the Times holding the story to prevent upsetting a political balance, as it has been accused of doing with the NSA wiretapping story, or is an example, as piece author David Sanger claims, of the Times holding the story only until as long as necessary for security matters. The discussions around this and other topics will be dynamic as the 2008 tour gets underway.



UNL
Nebraska Symposium Success

The University of Nebraska 'Echoes of Project X' Symposium was a huge success in Lincoln this week. Both pre- and post-production discussions were hosted by playwright Geoffrey Cowan and events included a discussion with former New York Times columnist Anthony Lewis, Thomas Jefferson Center director Robert O'Neil, UNL Journalism professor John Bender and UNL law professor Eric Berger. Washington Post reporter Walter Pincus made remarks, and it was capped off by an address by Daniel Ellsberg. Video of the event is available here.




Excitement Builds for Tour; Shield Law Heads to Senate

As the national tour of Top Secret moves from Hampton, Va. and  Collegeville, Minn., excitement is building in upcoming locations, such as Oxford, Ohio , University of NebraskaScottsdale, Ariz.Tucson, Ariz., and the University of Arkansas.  At the same time the production is taking off at full steam, the U.S. House debated and passed a reporter's shield bill, which now makes its way to the Senate. The Senate Judiciary Committee recently approved its own bill, and now the reconciliation process will take place despite White House promises to veto. The Citizen Media Law Project analyzes the merits of each bill.



The Blogs
“It’s the Secrecy, Stupid”

"It's the Secrecy, Stupid" was the title of Yale Law School Professor Jack Balkin's prominent legal blog post about the FISA-NSA wiretapping reform bills that now seem to have passed their hurdles in the Senate, having been favorably reported out of the Select Committe on Intelligence. The reforms, would give retro-active immunity to telecommunication companies, who, as the Washington Post revealed (but the companies themselves refuse to confirm or deny) engaged in wiretapping even before receiving explicit congressional authorization to do so. The proposals have been widely criticized by legal experts, but seem likely to pass Congress and be signed into law this week. UPDATE: Harper's provides an insightful analysis of Balkin's blog post and Marty Lederman's reply in light of the recent refusal by National Intelligence Director McConnell to release National Intelligence Estimates. Meanwhile, even Congressional Committees are having difficulty obtaining information about the administration's policies on the telecommunication immunity measures.



From the New York Times
Secret Memos Shift Debate

The leak of the latest in the line of "Torture Memos" -- written legal opinions in which the Department of Justice tries to give justification for its approving stance on the Orwellian- named 'enhanced interrogation techniques' -- has been able to shift the political debate in Washington as the new attorney general nomination is considered. The "Bradbury Memos" , named for the Justice Department official who authorized their promulgation, have created a backdrop that sounds in echo of the anti-totalitarian classic "Farenheit 451". Neither calls for their release nor the appeal to national conscience has led to transparency or retraction.  Coupled with new disclosures that raise questions about the CIA's own inspector general and his department, the secrecy that has for years gripped so tightly by the C.I.A., and now encouraged by the White House, is seemingly strangling only itself more strongly than the enemies it is trying to overcome.



From the National Archives
ISOO Director Resigns
On Sept. 28, the National Archives and Records Administration announced that the Director of its Internal Security Oversight Office (ISOO), J. William Leonard will be retiring effective January 2008. The unexpected departure comes after increased friction this year between the ISOO and the office of Vice-President Cheney. Cheney's refusal to comply with government-wide disclosure requirements was a source of great embarrassment to the administration and a potential probe by the Justice Department. Ironically, September 28 marks "International Right to Know Day", which focuses attention on the importance of strengthening access to information laws across the globe.

From the Presidential Recordings Program
Newly Released Nixon Tapes
The Miller Center for Public Affairs at the University of Virginia has just released amazing new set of presidential recordings from the Nixon years, including his initial reaction to the Pentagon Papers stories. The remarkably revealing conversations between Nixon and his top aides, discussing the newspaper's scoop and their response to it, are available in both sound recording and transcript form. Slate editor Jack Schafer also points out the personal viciousness targeted at Katherine Graham by Nixon and J. Edgar Hoover (going so far as to call her an 'old bag') on the day that the Supreme Court rules.

From L.A. Theatre Works:
Concord New Hampshire Stop Added to Tour Schedule
The Concord Center for the Arts in New Hampshire will be hosting a production of Top Secret on February 6. Tickets are available now, and the CCANH is planning a session with journalists from the Concord Monitor to supplement the performance.

From the Courts:
National Security Letters Voided
In a lawsuit brought by the ACLU, a federal district court struck down the National Security Letter provisions of the USA Patriot Act, saying that the violated both the First Amendment and the separation of powers. That ruling that came just as the New York Times reported that the National Security Letter provision had been used in many cases to try to gain information not only on targets of investigations, but also on the "community of interest" to which the target may have been connected.

From the National Security Archive:
TALON Program Disclosures
Georgetown's National Security Archive has announced the results of a FOIA request that has produced information on the Pentagon's controversial "Threat And Local Observation Notice" (TALON) system, which was tracking domestic activities, such as anti-war protests, and includes documents such as an Inspector General's report revealing reservations about the appropriateness of the program and its methods.

From Congress:
House Judiciary Holds FISA Hearings
The House Judiciary Committee held a hearing on Warrantless Surveillance and the Foreign Intelligence Surveillance Act: The Role of Checks and Balances in Protecting Americans' Privacy Rights which featured testimony by Pentagon Papers staff director and chief organizer Mort Halperin expressing his strong reservation about the "Protect America Act", calling its ambiguity and vagueness "simply unacceptable and a threat to both our liberty and our security."


From Secrecy News:
Leaks Led to Imprisonment of Source, CIA Says
Unauthorized disclosures of classified information in the press led to the imprisonment of a CIA source and other damaging consequences, said Central Intelligence Agency Director Michael Hayden in a speech last week.
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From National Security Archive:
Georgetown’s National Security Archives anaylzes two new rulings about government documents
The Ninth Circuit Court of Appeals allowed the CIA to withhold a Johnson-era President's Daily Brief (PDB), from being released to an author writing a book about a Vietnamese double-agent writing for Time magazine. However, the ruling stops short of making a categorical exemption from all PDBs.
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From OpenTheGovernment.org:
Secrecy Report Card 2007
OpentheGovernment.org issued its September Government Report Card, citing increases in government secrecy, as highlighted by increases in the assertion of the State Secrets privilege in federal cases, no-bid contract, presidential signing statements attached to newly enacted laws, and abuse of the Department of Justice ‘National Security Letters.

From the Washington Post:
White House Declares Office Off-Limits
The August 23 Washington Post carried a story detailing how the government, in the course of defending a lawsuit filed by the Center for Responsibility and Ethics in Washington, has claimed that in addition to the Executive Office of the President, the Office of the Vice-President, now the Office of Administration at the White House is also exempt from FOIA reporting responsibility, even though that agency, which is responsible for technology, has answered numerous FOIA requests in the past and even has an appointed FOIA compliance officer. The basis of the lawsuit was a CREW report that White House Officials were using non-government e-mail addresses to avoid official disclosure requirements, such as accounts provided to former Presidential Advisor Karl Rove by the Republican National Committee. CREW charges that five million e-mails have been lost by the Office of Administration.

From Secrecy News:
Court Overturns Dismissal of "State Secrets" Case
In an unusual move that may signal a new, more discriminating judicial view of the state secrets privilege, a federal appeals court has reinstated (pdf) a lawsuit which a lower court had dismissed after the government invoked the state secrets privilege.
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From Secrecy News:
CIA IG Report on 9/11 Declassified by Law
In compliance with a requirement imposed by Congress, the Central Intelligence Agency declassified and released the executive summary of a CIA Inspector General report (pdf) that was generally critical of CIA performance prior to September 11, 2001.
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From Secrecy News:
FOIA Performance is Deteriorating, Journalists Say
If the Leahy-Cornyn bill to strengthen the Freedom of Information Act that was adopted in the Senate last week becomes law, as expected, it will not happen a moment too soon, because current government handling of FOIA requests is deteriorating, according to a new analysis from the Coalition of Journalists for Open Government.
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From Secrecy News:
ACLU Seeks Foreign Intelligence Surveillance Court Records
The American Civil Liberties Union filed an unusual motion (pdf) with the Foreign Intelligence Surveillance Court seeking public disclosure of recent Court orders interpreting the Foreign Intelligence Surveillance Act (FISA), the law that regulates warrantless surveillance within the United States.
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From Secrecy News:
FOIA Reform Advances in Senate
The Open Government Act, a bipartisan bill to strengthen the Freedom of Information Act, passed the Senate on August 3 after objections from a lone Senator were finally overcome.
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From Citizen Media Law Project:
Revised Federal Shield Bill Clears the House Judiciary Committee
"The U.S. House of Representatives has taken an important step forward on the federal shield bill (H.R.2102), which we've discussed in greater detail before. The proposed legislation would protect those "engaging in journalism" from having to testify about or produce documents relating to their work, and from revealing their anonymous sources, except under specified circumstances. Yesterday, the House Judiciary Committee approved an amended version of the bill after two hours of debate, sending it to the House floor for consideration.
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From Secrecy News:
Reporters Could be Prosecuted Under Espionage Law, DoJ Says
The espionage statutes concerning classified information could be employed against journalists who publish such information without authorization, a Justice Department official told Congress recently, elaborating on remarks made last year by Attorney General Gonzales.
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