ERWIN N. GRISWOLD
(Erwin Nathaniel Griswold)
For the classic formulation, see Brandeis, Olmstead v. U.S., 1927
The administration had alleged that the public disclosure of the Pentagon Papers would harm national security. The material was sent to the Solicitor General to prepare the case for the Supreme Court injunction hearing the next day. It was delivered by a senior FBI agent whose responsibility was to guard and protect the secrecy of the material. When the Solicitor General started dictating notes to his secretary, the FBI agent told him that would not be permissible as she did not have a high enough clearance.
Erwin Nathaniel Griswold was an appellate attorney who argued many cases before the U.S. Supreme Court. Griswold served as Solicitor General of the United States (1967–1973) under Presidents Lyndon B. Johnson and Richard M. Nixon. He also served as Dean of Harvard Law School for 21 years. Several times he was considered for appointment to the U.S. Supreme Court. During a career that spanned more than six decades, he served as member of the U.S. Commission on Civil Rights and as President of the American Bar Foundation.