In the case, the Supreme Court of the United States held that the privileges and immunities of the Constitution's Speech or Debate Clause enjoyed by members of Congress also extend to Congressional aides, but not to activity outside the legislative process.

[1] On Saturday, June 26, 1971,[2] Senator Mike Gravel (D-Alaska) received a copy of the Pentagon Papers from Ben Bagdikian, an editor at The Washington Post, in a midnight meeting in front of the Mayflower Hotel.

[6] Worried his home might be raided by the Federal Bureau of Investigation, Gravel smuggled the report (which filled two large suitcases) into his congressional office, which was then guarded by disabled Vietnam veterans.

Senator Gravel intervened and asked a court to quash the subpoena, contending that forcing Rodberg to testify would violate the Speech or Debate Clause of the Constitution.

[12] In a 5–4 ruling, the Supreme Court held that the privileges of the Constitution's Speech or Debate Clause enjoyed by members of Congress also extend to Congressional aides.

"[13] However, the Court refused to protect congressional aides from prosecution for criminal conduct, or from testifying at trials or grand jury proceedings involving third party crimes.

He further condemned politicians for excessive secrecy and the media for largely failing to challenge it: The story of the Pentagon Papers is a chronicle of suppression of vital decisions to protect the reputations and political hides of men who worked an amazingly successful scheme of deception on the American people.