Harvard historian and New Yorker staff writer Jill Lepore won an order for “limited disclosure” this week in her federal lawsuit seeking the release of records created by the two Boston-based federal grand juries that investigated how the Pentagon Papers were obtained and shared.
Lepore filed her petition seeking the release of the grand jury materials in December 2018 arguing that, while much of the history around the Pentagon Papers has been revealed, keeping the work of grand juries shrouded in secrecy shortchanged history:
“Over the last 47 years, the story of the Pentagon Papers’ leak and publication has assumed an almost mythic quality in the American psyche. Historians, lawyers, political scientists, journalists, and Hollywood have returned to the story repeatedly to excavate its unfolding and trace its import. It is now recognized as central to one of the most infamous abuses of executive power in American history, as one of the most consequential leaks in the history of American government, and as a crucial turning point in the history of American press freedom.
“And yet, despite the multitude of books, articles, and films that have examined the Pentagon Papers, a crucial portion of the story remains hidden from public view. In the spring and summer of 1971, prosecutors convened two grand juries in Boston to investigate the leak. Compared to the publicity devoted to other aspects of the Pentagon Papers affair, little is known about these grand juries. We know that prominent academics Noam Chomsky, Samuel Popkin and Richard Falk, among others, were subpoenaed, and that Popkin was jailed for contempt when he refused to cooperate. But the scope and targets of the investigations remain unknown.
“Today, the records of those grand juries—the key historical evidence necessary to understand those proceedings—sit under lock and key at the National Archives in Boston. When Professor Lepore requested those records, the National Archives refused to produce them, citing the grand jury secrecy provisions of the Federal Rules of Criminal Procedure.” (Memorandum of Law in support of Petition, Case 1:18-MC-91539-ADB, See a copy of the full document here.)
Lepore’s victory, while limited, is still significant and could lead to grand jury materials in other matters of historic significance being released which would be a boon for historians and public records researchers alike. Stay tuned.