芝加哥七君子审判 The Trial of the Chicago 7(2020)(EN)Subtitles

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1 00:00:59 I have today ordered to Vietnam the Airmobile Division
2 00:01:03 and certain other forces which will raise our fighting strength
3 00:01:07 from 75,000 to 125,000 men almost immediately.
4 00:01:13 This will make it necessary to increase our active fighting forces
5 00:01:17 by raising the monthly draft call from 17,000 to 35,000.
6 00:01:25 December 30th.
7 00:01:27 All those whose birthday falls on December 30th.
8 00:01:30 President Johnson announced new monthly draft totals
9 00:01:33 increasing to 35,000 per month.
10 00:01:34 ‎-43,000 per month… -51,000…
11 00:01:36 382,386 men between the ages of 18 and 24 have been called to duty.
12 00:01:42 Now it should be incandescently clear
13 00:01:45 that no one who has any concern for the integrity and life of America today
14 00:01:50 can ignore the present war.
15 00:01:52 If America's soul becomes totally poisoned,
16 00:01:55 part of the autopsy must read, "Vietnam."
17 00:02:00 What we need in the United States is not hatred,
18 00:02:02 but is love and wisdom.
19 00:02:05 So I ask you tonight to return home,
20 00:02:08 to say a prayer for the family of Martin Luther King.
21 00:02:17 August 24th.
22 00:02:18 ‎All those whose birthday falls…
23 00:02:20 Another 30,000 troops have been deployed to the region.
24 00:02:22 This, after the US saw its greatest increase in monthly casualties.
25 00:02:26 What we saw were population centers.
26 00:02:28 Schoolhouses, pagodas, women and children.
27 00:02:32 And that's American napalm.
28 00:02:34 Women and children were burned alive. Tom?
29 00:02:39 The Democratic Party
30 00:02:41 is gonna end up nominating Hubert Humphrey next month in Chicago.
31 00:02:46 Now, when it comes to the war and social justice,
32 00:02:50 there is simply not enough of a difference
33 00:02:52 between Humphrey and Nixon to make a difference.
34 00:02:55 And so, we're going to Chicago.
35 00:02:56 Young people, by busloads, will go to Chicago
36 00:03:00 to show our solidarity and our disgust.
37 00:03:03 ‎But most importantly…
38 00:03:05 To get laid by someone you just met.
39 00:03:07 536,000 of us sent to a country
40 00:03:11 none of these bumper-sticker patriots in Washington could find on a map
41 00:03:15 with a motherfuckin' map!
42 00:03:18 We're goin' to Chicago.
43 00:03:19 Anyone who stays in the park, sings Woody Guthrie, they'll be fine.
44 00:03:23 But the cops are gonna be a half-inch from losin' their fuckin' minds,
45 00:03:27 'cause Daley's gonna wind 'em up to make sure of it.
46 00:03:30 We're goin' to Chicago peacefully. We're goin' peacefully.
47 00:03:33 But if we're met there with violence,
48 00:03:36 ‎you better believe that we're gonna meet that violence with…
49 00:03:39 Nonviolence. Always nonviolence, and that's without exception.
50 00:03:43 -What if the police hit you? -Why would the police hit me?
51 00:03:46 -What if they do? -I'll duck.
52 00:03:47 David, he watches the news.
53 00:03:49 I've organized 100 protests. This one will be no different in that it almost certainly won't work.
54 00:03:54 -The police are-- -I'm not worried about them.
55 00:03:57 I'm worried about Hoffman and Rubin.
56 00:03:59 It's the Democratic National Convention, honey.
57 00:04:01 Every camera in America is gonna be pointed at it,
58 00:04:04 and Daley is not gonna let his city turn into a theater of war.
59 00:04:07 Hoffman and Rubin are geniuses in their own special way.
60 00:04:10 -Oh, dear God. -He's got a Boy Scout meeting at 7:00.
61 00:04:13 -Dad, if the police-- -If the police try to arrest me,
62 00:04:16 I'll do what I always do and what I taught you to do, which is what?
63 00:04:20 ‎Very calmly and very politely…
64 00:04:22 Fuck the motherfuckers up!
65 00:04:24 They leave us alone and everything's cool.
66 00:04:26 They tangle, disrupt, intimidate,
67 00:04:28 play fast and loose with the First Amendment,
68 00:04:30 start breaking heads, then we will not be on our way.
69 00:04:32 You can't give this speech in Chicago.
70 00:04:34 -Fred wants me there. Plane ticket. -Let Fred give the speech.
71 00:04:37 Between Hayden and Hoffman, there could be 5,000 people.
72 00:04:40 Be nice to talk to 5,000 people.
73 00:04:41 Not while you're in trouble in Connecticut.
74 00:04:43 I'm the head of the Black Panthers, Sondra.
75 00:04:45 When won't I be in trouble? Travel bag.
76 00:04:47 You'll be in a lot more of it if you stand up and say, "Fry the pigs."
77 00:04:50 If they attack. Takin' it out of context.
78 00:04:52 So will every white person in America. Cops won't give a shit about context.
79 00:04:56 You don't have protection in Chicago.
80 00:04:57 There's no place to be but in it.
81 00:04:59 -But "fry the pigs"? -If they attack--
82 00:05:01 -Dr. King-- -Is dead.
83 00:05:03 He has a dream? Now he has a fuckin' bullet in his head.
84 00:05:05 Martin's dead, Malcolm's dead, Medgar's dead, Bobby's dead, Jesus is dead.
85 00:05:09 They tried it peacefully, we gonna try something else.
86 00:05:12 Sondra, I'll be there for four hours. That's it.
87 00:05:16 Snack.
88 00:05:21 You'll at least take one of these?
89 00:05:23 If I knew how to use that, I wouldn't need to be making speeches.
90 00:05:30 It's named after the Russian commissar Vyacheslav Mikhailovich Molotov.
91 00:05:34 You start with a glass bottle.
92 00:05:38 ‎You fill it up halfway with gasoline and motor oil…
93 00:05:44 You pack some Styrofoam, and now your cherry bomb.
94 00:05:49 ‎Some chewing gum around the top…
95 00:05:54 ‎…and a fuse.
96 00:05:56 Now!
97 00:06:00 The 35th National Democratic Convention is set to begin next week
98 00:06:04 with repeated assurances from Chicago Mayor, Richard J. Daley.
99 00:06:07 -Will it be a good convention, Mr. Mayor? -The best ever held.
100 00:06:11 -Is that Jerry? -Yeah.
101 00:06:13 Tell him to tell Abbie we're going to Chicago to end the war
102 00:06:15 and not to fuck around.
103 00:06:17 Tom says to tell Abbie that we're going to Chicago to end the war
104 00:06:20 and not to fuck around.
105 00:06:22 Hayden says we're goin' to Chicago to end the war and not to fuck around.
106 00:06:26 Tell Hayden I went to Brandeis and I can do both.
107 00:06:29 We're going to show that we, as a generation, are serious people.
108 00:06:33 People say, "Abbie, are you concerned about an overreaction from the cops?"
109 00:06:37 I issued a police order to shoot to kill any arsonists.
110 00:06:41 We're not concerned about it.
111 00:06:42 Four units of the Illinois National Guard, totaling 5,000 troops,
112 00:06:46 have been sent to Chicago.
113 00:06:47 We're countin' on it!
114 00:06:48 We wanna underscore again that we're coming to Chicago peacefully,
115 00:06:52 but whether we're given permits or not, we're coming.
116 00:06:55 ‎An additional 10,000 Chicago police officers, including riot squads…
117 00:06:58 We're not going to storm the convention with tanks or mace,
118 00:07:01 but we are going to storm the hearts and minds of the American people.
119 00:07:04 These people are revolutionaries
120 00:07:07 bent on the destruction of the government of the United States of America.
121 00:07:10 The Democratic Convention is about to begin in a police state.
122 00:07:15 There just doesn't seem to be any other way to say it.
123 00:07:40 You've arrived at a moment in history.
124 00:07:44 Pardon?
125 00:07:46 They're changing the picture.
126 00:07:53 -Tom. -Howard.
127 00:07:55 -Flew in all right? -Sure.
128 00:07:57 -Richard Schultz? -Yes, sir.
129 00:07:59 Howard Ackerman, Special Advisor to the Attorney General.
130 00:08:01 -Pleased to meet you. -Anyone tell you what this is about?
131 00:08:04 No, sir. Just to meet Mr. Foran at O'Hare this morning, we'd fly to Washington.
132 00:08:07 -We'd be meeting Mr. Mitchell. -Good.
133 00:08:10 Finally changing that goddamn picture. Come on in.
134 00:08:19 As a matter of courtesy and tradition,
135 00:08:21 when we elect a new president, the outgoing cabinet members resign
136 00:08:25 to spare the new president the unpleasantness of firing 'em.
137 00:08:28 Richard, do you know when President Nixon
138 00:08:31 received Ramsey Clark's formal letter of resignation?
139 00:08:34 -No, sir. -About an hour before my confirmation.
140 00:08:37 That was to embarrass me.
141 00:08:38 I don't know, I think it was more embarrassing for Ramsey Clark.
142 00:08:42 I'm John Mitchell.
143 00:08:43 Thomas Foran, Mr. Attorney General, and this is Richard Schultz.
144 00:08:46 Richard, Chicago is more fucked up than any ten things I've ever seen in my life.
145 00:08:49 -Sir? -The convention, the riots.
146 00:08:51 -Yes, sir. -Sit.
147 00:08:55 -Johnnie Walker okay with everybody? -Yes, thank you.
148 00:08:57 -Richard? -Nothing for me, thank you.
149 00:08:59 We don't know how Humphrey's people could have been that stupid.
150 00:09:03 Allow their guy to be nominated under armed guard.
151 00:09:06 -Sir? -Son, are you nervous?
152 00:09:08 -No, sir. -Why the fuck not?
153 00:09:12 I'm kidding. Don't believe everything you've heard about me.
154 00:09:15 Ramsey Clark gave me the finger on the way out the door.
155 00:09:19 I'm asking if you think Chicago was why Humphrey lost the election.
156 00:09:23 No, sir. The Republicans ran a better candidate.
157 00:09:25 -That's for damn sure. -Daley didn't help his party,
158 00:09:27 but Humphrey's people and Daley didn't break the law,
159 00:09:29 so that's somebody else's table.
160 00:09:31 As a matter of fact, we don't believe any federal laws were broken last summer.
161 00:09:35 Mr. Foran had our office run a thorough investigation.
162 00:09:38 There was trespassing, destruction of public property, lewd behavior.
163 00:09:41 Nothing that would rise to the level--
164 00:09:43 You think you and your boss are in the attorney general's office
165 00:09:46 because I want you to seek an indictment for violating a federal trespassing law?
166 00:09:51 Our office wasn't aware that the Justice Department
167 00:09:53 wanted to seek any indictments at all.
168 00:09:55 -We do. -Ramsey Clark was dead set against--
169 00:09:57 Ramsey Clark doesn't run the Justice Department anymore,
170 00:09:59 did you hear about that?
171 00:10:01 -And Mr. Johnson's back home in Texas. -Of course, sir.
172 00:10:03 One hour before my confirmation hearing gaveled,
173 00:10:06 that's when he resigned. What a prick!
174 00:10:09 That's unprofessional.
175 00:10:10 Unprofessional? It was unpatriotic. I'll tell you what else.
176 00:10:13 It was impolite. There's such a thing as manners.
177 00:10:17 I want to bring back manners. How about that? The America I grew up in.
178 00:10:21 Will you help me, Mr. Schultz?
179 00:10:22 'Cause I asked Mr. Foran who was the best prosecutor in his office.
180 00:10:26 -He said you. -Thank you.
181 00:10:27 Section 2101 of Title 18.
182 00:10:30 That's the federal law that was broken.
183 00:10:33 That's the Rap Brown Law.
184 00:10:34 In conspiracy to cross state lines in order to incite violence.
185 00:10:38 Comes with a maximum of ten years. We want all ten.
186 00:10:41 -For whom, sir? -The all-star team.
187 00:10:46 "Abbie Hoffman, Tom Hayden, Jerry Rubin, David Dellinger, Rennie Davis,
188 00:10:50 ‎Lee Weiner, John Froines… and Bobby Seale?"
189 00:10:54 I call 'em the school boys, and when I do, everyone here knows who I'm talking about.
190 00:10:58 Petulant and dangerous.
191 00:11:00 And we watched for a decade while these rebels without a job,
192 00:11:03 who never got their hands dirty fighting the enemy,
193 00:11:06 tell us how to prosecute a war.
194 00:11:09 The decade's over, the grown-ups are back, and I deem these shitty little fairies
195 00:11:14 to be a threat to national security.
196 00:11:16 So they're gonna spend their thirties in a federal facility.
197 00:11:20 -Real-time. -You're lead prosecutor, Richard.
198 00:11:23 You understand why I couldn't tell you until we got here?
199 00:11:25 Sure. Of course, sir.
200 00:11:26 Richard, you're being handed the ball. Are you ready for this?
201 00:11:33 You pay me for my opinion.
202 00:11:35 -What? -I said, sir, you pay me for my opinion.
203 00:11:38 Where'd you learn that? In class? I pay you to win.
204 00:11:40 I'm not sure we can get a good indictment on conspiracy.
205 00:11:43 -Why not? -Some of them have never met each other.
206 00:11:46 Telephones.
207 00:11:48 Mr. Attorney General, the Rap Brown Law was created by Southern whites in Congress
208 00:11:53 to limit the free speech of Black activists.
209 00:11:56 -Civil rights activists-- -I know why it was passed.
210 00:11:58 ‎Why the fuck is he teaching…
211 00:11:59 It doesn't matter why it was passed. It matters what it can do.
212 00:12:03 We're not sure what it can do.
213 00:12:04 -No one's ever been charged with it. -That makes it exciting.
214 00:12:07 It's like virgin land. Undeveloped real estate.
215 00:12:10 -It's a law and they broke it. -Of course, sir.
216 00:12:13 -Is there a problem? -No, sir.
217 00:12:14 Say what you want to say, since I'm paying for your wisdom. Give me my money's worth.
218 00:12:19 Sir, there are people who will see this
219 00:12:21 as the Justice Department restraining free speech
220 00:12:23 and there were people who see these men as martyrs.
221 00:12:26 -Are any of those people in this room? -No, sir.
222 00:12:29 You're 33 and you're about to be named lead prosecutor
223 00:12:31 in the most important trial in your lifetime
224 00:12:34 after being handpicked by the attorney general.
225 00:12:36 I'm about to do that right now.
226 00:12:38 But before I do, let me ask you, how do you see them?
227 00:12:43 -Personally or in terms of-- -Personally.
228 00:12:46 I see them as vulgar, anti-establishment,
229 00:12:48 antisocial and unpragmatic, but none of those things are indictable.
230 00:12:52 Imagine how impressed I'll be when you get an indictment.
231 00:12:55 -There's a bigger question. -Which is?
232 00:12:57 Who started the riots? Was it the protesters or the police?
233 00:13:01 -The police don't start riots. -They'll have witnesses who say they did.
234 00:13:04 And you'll dismantle them and win,
235 00:13:06 because, Mr. Schultz, that's what's expected of you.
236 00:13:12 You didn't show a lot of gratitude in there.
237 00:13:16 On top of everything, we're giving them what they want: a stage and an audience.
238 00:13:21 You think there's gonna be a big audience?
239 00:13:23 The whole world is watching!
240 00:13:27 Yes, sir, I do.
241 00:13:29 The whole world is watching!
242 00:13:44 The whole world is watching!
243 00:13:48 Get out! How dare you? Get out!
244 00:13:51 -Abbie! -Are you all right?
245 00:13:53 Abbie, over here.
246 00:13:54 -I was, until I saw that. -Most of them are on our side.
247 00:13:57 -We love you, Abbie! -See?
248 00:14:01 Watch out!
249 00:14:02 Jesus Christ! How did you do that?
250 00:14:05 Experience.
251 00:14:06 Abbie, right over here! Over here! Over here!
252 00:14:11 You don't know what to do with the egg now?
253 00:14:13 No.
254 00:14:16 -Mr. Kunstler, one question! -Bill! Bill!
255 00:14:19 All right. Hang on. Quiet down.
256 00:14:22 I want you all to meet a new addition to the defense team.
257 00:14:26 This is Leonard Weinglass,
258 00:14:28 one of this country's most talented First Amendment litigators.
259 00:14:31 -Bill, can you tell us-- -Go ahead, Sy.
260 00:14:34 What's the status of Charles Garry?
261 00:14:35 Charles Garry is still in the hospital.
262 00:14:38 You should contact his office for information.
263 00:14:41 -One more. -Marjorie.
264 00:14:43 You're representing Bobby Seale today?
265 00:14:44 Oh, no, it's very important that it be understood that, uh,
266 00:14:48 for his own protection, his own protection,
267 00:14:51 I will not be acting as Bobby Seale's attorney today.
268 00:14:54 One more. Jack.
269 00:14:55 I was told that Hayden was the one who wanted to bring Mr. Weinglass in,
270 00:14:59 that Hayden has concerns about your seriousness.
271 00:15:02 ‎-Well… -This is William Kunstler.
272 00:15:04 You wanna find out how serious he is, meet him at a witness stand.
273 00:15:42 I understand why they're tryin' to smoke Abbie, Jerry and Hayden,
274 00:15:45 even Rennie and Dellinger,
275 00:15:46 but I can't figure out what the two of us are doin' here.
276 00:15:49 I feel exactly the same way, but this is the Academy Awards of protests,
277 00:15:53 and as far as I'm concerned, it's an honor just to be nominated.
278 00:15:58 What is that?
279 00:16:00 I've been keeping a list every day.
280 00:16:02 Americans who've been killed since the day we were arrested.
281 00:16:05 Why?
282 00:16:07 With the trial starting, it might get easy to forget who this is about.
283 00:16:18 -Fellas. -Morning.
284 00:16:19 Good morning.
285 00:16:26 I just got a question about my seriousness.
286 00:16:30 Whatever's going on between you and Abbie, could you keep it out of this building?
287 00:16:34 ‎I got a feeling this is gearing up to be…
288 00:17:01 -Fred. -Bill.
289 00:17:03 Did you have breakfast this morning?
290 00:17:08 -What? -Did you have breakfast?
291 00:17:10 -I did. -Well, what'd you have?
292 00:17:13 What are you doin'?
293 00:17:14 I'm talkin' to him about breakfast
294 00:17:16 because that's all I'm allowed to talk to him about.
295 00:17:19 That's right.
296 00:17:21 -Bobby-- -We have instructions from our lawyer.
297 00:17:24 If you need me, I'm sittin' right there.
298 00:17:26 You just look at me and you say, "I need you."
299 00:17:30 -We don't need you, Bill. -You two gonna be like this?
300 00:17:34 Your friends shouldn't sit together. The jury's not gonna like that.
301 00:17:38 This isn't my jury. If they don't like it--
302 00:17:40 No, he's right.
303 00:17:44 Spread out, okay? In pairs.
304 00:17:48 And Fred?
305 00:17:50 -No, they're dressed just fine. -It's all right.
306 00:17:54 And take your very scary hats off.
307 00:18:01 Don't mess this up.
308 00:18:04 All right. Good pep talk.
309 00:18:11 Hey!
310 00:18:15 You see the crowd out there?
311 00:18:17 I have an egg.
312 00:18:18 -Get rid of that. -You don't think I want to?
313 00:18:20 ‎It's like we're… What's his name? We just met him.
314 00:18:23 -Yeah. -What is his name?
315 00:18:25 -Who? -The drummer. The greatest drummer ever.
316 00:18:28 Gene Krupa?
317 00:18:29 No. Gene Krupa? I'm talkin' about the drummer from Cream.
318 00:18:32 We just met him last night.
319 00:18:33 -Ginger Baker. -Thank you.
320 00:18:36 Crowd outside is so big, it's as if we're Ginger Baker, I was trying to say.
321 00:18:39 -Are you stoned? -Yeah. You?
322 00:18:44 All right, sit down.
323 00:18:48 You remember what I said.
324 00:18:50 Okay, and you remember to keep us out of prison.
325 00:18:54 There's a lot of good advice this morning.
326 00:18:56 All rise.
327 00:19:05 Hear ye, hear ye. September 26th, 1969, ten o'clock a.m.
328 00:19:10 All persons having business before the United States District Court
329 00:19:13 of Northern Illinois, Southern District, Eastern Division,
330 00:19:15 draw near and ye shall be heard.
331 00:19:17 Judge Julius Hoffman presiding.
332 00:19:19 God save the United States of America and this Honorable Court.
333 00:19:22 Be seated.
334 00:19:26 Mr. Marshal, bring in our jury.
335 00:19:41 Let the record show that we have been joined
336 00:19:44 by our 12 jurors and four alternates.
337 00:19:48 Good morning, ladies and gentlemen.
338 00:19:51 Good morning.
339 00:19:52 Mrs. Winter, please call the case.
340 00:19:55 69 CR 180,
341 00:19:58 United States of America v. David Dellinger,
342 00:20:03 Rennard C. Davis, Thomas Hayden,
343 00:20:06 Abbott Hoffman, Jerry C. Rubin,
344 00:20:09 Lee Weiner, John R. Froines and Bobby G. Seale for trial.
345 00:20:15 Are the People ready to make opening arguments?
346 00:20:18 We are, Your Honor.
347 00:20:19 -I don't have my lawyer here. -It's not your turn to speak.
348 00:20:22 My trial's begun without my lawyer.
349 00:20:24 Please sit.
350 00:20:31 Mr. Schultz?
351 00:20:36 Good morning. My name is Richard Schultz.
352 00:20:38 I'm an assistant US attorney for the Southern District of Illinois.
353 00:20:41 Seated at my table is my boss, US Attorney Thomas Foran.
354 00:20:44 Or you could say, I'm seated at his table.
355 00:20:48 At the defense table are the eight defendants
356 00:20:51 represented by their lawyers William Kunstler, Leonard Weinglass.
357 00:20:55 Now, the defendants would tell you that they represent three different groups.
358 00:20:59 -They would tell you that one group is-- -Excuse me.
359 00:21:03 Yes, sir.
360 00:21:04 I'd like to clarify something for the jurors.
361 00:21:07 There are two Hoffmans in this courtroom.
362 00:21:10 The defendant Abbie Hoffman and myself, Judge Julius Hoffman.
363 00:21:15 Thank you, sir.
364 00:21:16 I didn't want there to be confusion on the matter.
365 00:21:19 Man, I don't think they're gonna mix us up.
366 00:21:23 You will address this court as Judge or Your Honor,
367 00:21:25 ‎and you will not address this court until…
368 00:21:28 You will not address this court!
369 00:21:33 The defendants would tell you they represent three different groups.
370 00:21:36 And the record should reflect
371 00:21:38 that defendant Hoffman and I are not related.
372 00:21:42 Father, no!
373 00:21:45 Mr. Hoffman, are you familiar with contempt of court?
374 00:21:49 It's practically a religion for me, sir.
375 00:21:53 -Your Honor? -Continue.
376 00:21:59 Rennie Davis and Tom Hayden are the leaders of the SDS, Students for a Democratic Society.
377 00:22:05 Davis and Hayden brought their people to Chicago
378 00:22:07 for the purpose of causing violence in the streets
379 00:22:10 in order to disrupt the Democratic Convention.
380 00:22:13 You know the Youth International Party as the Yippies.
381 00:22:16 Their leaders are Abbie Hoffman and Jerry Rubin.
382 00:22:19 Bobby Seale is the leader of the Black Panther Party.
383 00:22:23 Again, the defendants would tell you that these are three distinct groups.
384 00:22:27 -But they all-- -Excuse me.
385 00:22:29 Yes.
386 00:22:30 -May I speak? -No, sir.
387 00:22:32 He just said my name.
388 00:22:33 You're a defendant in this case. You're likely to hear your name.
389 00:22:37 I have a right to counsel, and His Honor knows that.
390 00:22:41 Don't tell the court what it does and does not know. Be seated.
391 00:22:49 Mr. Schultz.
392 00:22:54 The radical left. That's all.
393 00:22:55 They're the radical left in different costumes.
394 00:22:57 These defendants had a plan,
395 00:22:59 and a plan among two or more people is a conspiracy.
396 00:23:03 The defendants crossed state lines to execute their plan.
397 00:23:05 That's why we're in federal court, and the plan was to incite a riot,
398 00:23:09 and there's one thing you already know.
399 00:23:12 They succeeded.
400 00:23:13 Excuse me. Have we identified the other defendants for the record?
401 00:23:19 ‎A Mr… Wiener.
402 00:23:21 Weiner.
403 00:23:22 Mr. Froines and Mr. Dillinger.
404 00:23:25 Dellinger, Your Honor.
405 00:23:27 What's going on here?
406 00:23:28 Uh, you're referring to the defendant Dellinger.
407 00:23:30 Derringer.
408 00:23:32 Um, it's Dellinger, sir.
409 00:23:34 Note the prosecution was referring to the defendant Derringer.
410 00:23:39 -Not Dellinger. -It is Dellinger, Your Honor.
411 00:23:42 Can we straighten this out?
412 00:23:44 Sure. Dillinger was a bank robber.
413 00:23:46 Derringer is a gun.
414 00:23:47 He's David Dellinger, and the judge and I are not related.
415 00:23:51 Your Honor, I'd like to caution the court that this kind of disruption
416 00:23:54 and display of disrespect will be a continuing tactic for defense.
417 00:23:58 Sir, it's not a tactic.
418 00:23:59 At the moment, the defendants are the only ones on record as knowing their own names.
419 00:24:03 ‎Be seated, Mr. Schultz…
420 00:24:06 Uh, Mr. Kunstler.
421 00:24:09 I object to being characterized as a member of this group.
422 00:24:12 -Who is your lawyer? -Charles R. Garry.
423 00:24:14 Is Mr. Garry here today?
424 00:24:16 -No, he is not. -Your Honor--
425 00:24:18 Are you representing Mr. Seale?
426 00:24:19 -No, sir. -Then, sit.
427 00:24:23 Mr. Schultz, forgive me.
428 00:24:26 Have you concluded your opening statement?
429 00:24:29 Yes, Your Honor.
430 00:24:30 My lawyer Charles Garry is in a hospital in Oakland
431 00:24:33 -having undergone gallbladder surgery. -Mr. Kunstler.
432 00:24:37 You are sitting right next to the man.
433 00:24:39 Just represent him. It's the same case.
434 00:24:42 The fact that there's a lawyer near Mr. Seale
435 00:24:45 does not satisfy the requirements of due process.
436 00:24:47 I have a right--
437 00:24:48 A motion was made for postponement due to Mr. Garry's medical condition.
438 00:24:53 I was there. Your Honor denied that motion.
439 00:24:56 Therefore, Mr. Seale is here without legal representation.
440 00:24:59 I don't care for your general tone, Mr. Kunstler.
441 00:25:04 I meant no disrespect to the court.
442 00:25:07 I'm trying to be clear that I can't muddy Mr. Seale's grounds for appeal
443 00:25:11 by appearing to speak as his lawyer.
444 00:25:13 I don't ask you to compromise Mr. Seale's position, sir.
445 00:25:17 But I will not permit him to address the jury
446 00:25:21 when his perfectly competent lawyer is sitting--
447 00:25:24 For the fourth time, he's not Bobby's lawyer.
448 00:25:28 ‎You're, uh… Mr. Rubin.
449 00:25:31 Yes, sir.
450 00:25:33 Don't ever do that again!
451 00:25:37 Your Honor, I'm not with these guys.
452 00:25:39 I never met most of them until the indictment.
453 00:25:42 -We will have order. -There are eight of us here.
454 00:25:44 There are signs out there that read, "Free the Chicago 7." I'm not with them!
455 00:25:48 -Mr. Marshal, -Conspiracy?
456 00:25:50 -will you seat Mr. Seale? -I never met most of them.
457 00:25:52 Frankly, the US attorney wanted a Negro defendant to scare the jury.
458 00:25:56 I was thrown in to make the group look scarier.
459 00:25:59 I came to Chicago. I made a speech!
460 00:26:01 -Mr. Seale-- -I had a chicken pot pie,
461 00:26:03 went to the airport and I flew back to Oakland,
462 00:26:05 ‎that's why they call it the Chicago… Get your hands off me!
463 00:26:09 Charge Mr. Seale with one count of contempt of court.
464 00:26:38 We have to make a decision right now,
465 00:26:40 a decision I assumed we'd already made four months ago when trial prep began.
466 00:26:44 Are we using this trial to defend ourselves against very serious charges
467 00:26:48 that could land us in prison for ten years?
468 00:26:51 Or to say a pointless "fuck you" to the establishment?
469 00:26:54 ‎-Fuck you! -That is what I was afraid…
470 00:26:58 -Were you saying "fuck you" or answering-- -I was also confused.
471 00:27:01 If we leave without saying anything about why we came in the first place,
472 00:27:05 it'll be heartbreaking.
473 00:27:06 If the jury finds us guilty, we're not leaving at all.
474 00:27:08 The only thing we need to say about why we came here
475 00:27:11 is it wasn't to incite violence.
476 00:27:14 I'm with Jerry.
477 00:27:16 -Why? -The trial shouldn't be about us.
478 00:27:18 I would love it if it wasn't about us, but it definitely is. John? Lee?
479 00:27:22 Does anyone think our judge is crazy?
480 00:27:24 -He isn't our problem. -Give it time. He will be.
481 00:27:27 I'm talking about us. Abbie, you cannot talk back to the judge.
482 00:27:31 ‎And, Jerry… Jesus!
483 00:27:32 Did you get a haircut just for court?
484 00:27:36 -I did. -A haircut for the judge.
485 00:27:38 ‎That is…
486 00:27:40 ‎I can't even. That is…
487 00:27:42 That is so foreign to me.
488 00:27:43 -So is soap. -Zing.
489 00:27:45 Let me explain something. It took you two less than five minutes
490 00:27:48 to make us look exactly like what Schultz is trying to make us look like.
491 00:27:52 I don't have a problem with what we look like.
492 00:27:54 Jerry likes what we look like. Uh, John?
493 00:27:57 -Lee? -Yeah.
494 00:27:58 -I feel like I'm ten pounds too heavy. -I don't like it when we fight.
495 00:28:02 -Rennie? -Tom should be heard.
496 00:28:04 And he was.
497 00:28:05 When we walked in here, they were chanting that the whole world is watching.
498 00:28:10 This is it. We're on.
499 00:28:12 This is what revolution looks like. Real revolution. Cultural revolution.
500 00:28:16 Why did you come here?
501 00:28:17 I got an invitation from a grand jury.
502 00:28:19 Last summer. Why did you come to the convention?
503 00:28:22 To end the war.
504 00:28:24 Guys, before you tether yourselves to this man,
505 00:28:26 just know the very last thing he wants is for the war to end.
506 00:28:30 I don't have time for cultural revolution. It distracts from actual revolution.
507 00:28:35 All right, all right, all right.
508 00:28:37 But you got time for a haircut.
509 00:28:39 Has everybody got everything off their chest?
510 00:28:41 What in the name of hell was that?
511 00:28:43 Evidently not.
512 00:28:44 You spoke for Bobby.
513 00:28:46 I made it very clear that I'm not his lawyer.
514 00:28:48 -I'd like to sit in on these meetings. -You can't.
515 00:28:50 -I think I will anyway. -Fred--
516 00:28:52 Bobby's life is at stake. You're playing to the crowd.
517 00:28:55 -Thank you. -Shut up.
518 00:28:56 White guys sitting in a furnished room eating sandwiches while Bobby's in a cell.
519 00:29:00 White guys are free on bail.
520 00:29:02 Bobby's locked up because he's under arrest in Connecticut for killing a cop.
521 00:29:05 It's not like he refused to give up his seat on a bus.
522 00:29:08 Convince him to let Bill and me represent him, just for today, at least.
523 00:29:12 -The judge is-- -Fucking nuts.
524 00:29:14 A little hostile. I'm sure Garry didn't anticipate that.
525 00:29:19 He's innocent in Connecticut.
526 00:29:20 -All right. -He's never killed anyone.
527 00:29:22 -It's important that you all know that. -Okay.
528 00:29:25 All right, you gotta try to convince him.
529 00:29:30 I can't.
530 00:29:31 -Well, try. -I have!
531 00:29:34 Well, keep trying, all right?
532 00:29:37 We're back.
533 00:29:38 Let's go.
534 00:29:40 Jerry, Abbie, unless you're asked a direct question,
535 00:29:43 I want you to keep your mouths shut in that room.
536 00:29:46 -This is a political trial. -What?
537 00:29:48 This is a political trial that was already decided for us.
538 00:29:52 Ignoring that reality is just weird to me.
539 00:29:55 There are civil trials and there are criminal trials.
540 00:29:58 There's no such thing as a political trial.
541 00:30:00 Okay.
542 00:30:18 Abbie's smarter than you think he is.
543 00:30:22 Cows are smarter than I think he is.
544 00:30:26 -S-T-A-H-L. -What is your occupation?
545 00:30:29 I am the mayor's administrative officer.
546 00:30:30 Calling your attention to March 26, 1968. Did you have a meeting on that day?
547 00:30:36 -Yes. -Uh, with whom?
548 00:30:38 -Mr. Hoffman and Mr. Rubin, is it? -Abbie and Jerry is fine.
549 00:30:41 What was said at that meeting?
550 00:30:43 I was told the Youth International Party would be holding a festival of life
551 00:30:47 during the Democratic National Convention.
552 00:30:49 There would be thousands of young people attending and there'd be rock bands playing in the park.
553 00:30:54 Music will be performed.
554 00:30:55 -Rock music? -I would think.
555 00:30:57 They also said there would be public fornication.
556 00:31:00 Say that again, sir?
557 00:31:01 Public fornication.
558 00:31:03 You're asking for a Parks permit for public--
559 00:31:05 -Yeah. -And rock music.
560 00:31:07 No, of course not.
561 00:31:08 What if it was R&B?
562 00:31:09 -Did you issue the permits? -No, I did not.
563 00:31:12 And what, if anything, did Abbie Hoffman say when you denied their request?
564 00:31:17 Mr. Stahl, you need to understand something.
565 00:31:20 There's gonna be a festival of life in Grant Park held during the convention.
566 00:31:24 Bands will play rock music. There will be public fornication.
567 00:31:28 Likely some of it with the wives and mistresses of delegates.
568 00:31:31 Psychedelic, long-haired leftists will consort with dope users.
569 00:31:35 And we'll insist that the next president of the US
570 00:31:38 stops sending our friends to be slaughtered.
571 00:31:40 This will happen whether you give us the permit or not.
572 00:31:43 Hotels will be filled with delegates. Where will people sleep?
573 00:31:45 Some will sleep in tents, others will live frivolously.
574 00:31:48 -How many people are coming? -A lot.
575 00:31:50 What's a lot? A thousand? Two thousand?
576 00:31:54 Ten thousand.
577 00:31:55 -Jesus Christ. -Right?
578 00:31:58 Did Abbie Hoffman add anything at the end of the meeting?
579 00:32:01 Yes.
580 00:32:02 ‎-What did he say? -He said…
581 00:32:04 Or you give me 100 grand and I could call the whole thing off.
582 00:32:07 Thank you.
583 00:32:09 Mr. Fineglass.
584 00:32:11 Uh, Weinglass, sir.
585 00:32:14 Mr. Stahl, the meeting you just described with Mr. Hoffman and Mr. Rubin,
586 00:32:18 was that the only meeting you had with any of the defendants?
587 00:32:21 No.
588 00:32:22 On August 2nd, you had a meeting with Tom Hayden and Rennie Davis.
589 00:32:26 -Tom Hayden. -Rennie Davis.
590 00:32:29 On August 12th, you had a meeting with David Dellinger.
591 00:32:32 I'll tell you the same thing I told the others.
592 00:32:34 There were two more meetings with Tom and Rennie
593 00:32:37 on the 10th and 12th of August,
594 00:32:39 and one more meeting with David Dellinger on the 26th.
595 00:32:43 I can't be sure of the dates.
596 00:32:44 Well, I can be sure. They're recorded in the log at City Hall.
597 00:32:47 ‎Okay…
598 00:32:48 And in each of the meetings, a request was made for a permit
599 00:32:52 to demonstrate in Grant Park during the convention.
600 00:32:55 Mr. Stahl, we intend a peaceful demonstration.
601 00:32:59 We're not interested in violence or disturbing the delegates.
602 00:33:02 And in each of the meetings, the request for permits was denied.
603 00:33:06 Listen, I'll tell you the same thing I told Mr. Hoffman
604 00:33:09 and Mr. Rubin and Mr. Dellinger.
605 00:33:10 No demonstrations within sight of the Hilton.
606 00:33:13 We have to demonstrate there. That's where the convention is.
607 00:33:16 There will be no demonstrations within sight of the Hilton.
608 00:33:18 Okay. But the thing is, there will be.
609 00:33:22 -Are you threatening me, Mr. Hayden? -No.
610 00:33:24 We're not threatening you. We're cautioning you.
611 00:33:26 Thousands of people are coming to Chicago.
612 00:33:28 If they're not given a place to demonstrate, they'll demonstrate wherever they stand.
613 00:33:32 So it's reckless, irresponsible, and foolishly dangerous of the city not to have a contingency plan.
614 00:33:38 ‎We're gonna need police security, first aid…
615 00:33:40 -Traffic control. -Water, sanitation.
616 00:33:42 So, five times, you were asked for a permit.
617 00:33:47 Five times, you were advised of the dangers of not providing a location to demonstrate--
618 00:33:52 I don't take my instructions from the defendants.
619 00:33:55 -No, you don't. -I don't.
620 00:33:56 You take them from Mayor Daley.
621 00:33:59 You're appointed by the mayor and you serve at his pleasure?
622 00:34:02 Yes.
623 00:34:03 And you're subject to removal in the same manner by the mayor?
624 00:34:06 -Yes. -Thank you.
625 00:34:08 Further cross-examination, Mr. Kunstler.
626 00:34:11 Yes, sir. Mr. Stahl. When Abbie--
627 00:34:14 Excuse me.
628 00:34:15 Mr. Seale, would you identify the man sitting behind you?
629 00:34:21 -No, sir. -No?
630 00:34:22 -That's right. -Why not?
631 00:34:24 He's not on trial here.
632 00:34:25 Mr. Seale, identify the man behind you.
633 00:34:35 His name is Fred Hampton.
634 00:34:36 Let the record indicate
635 00:34:37 that Mr. Hampton is head of the Chicago chapter of the Black Panther Party.
636 00:34:42 Your Honor, Mr. Hampton isn't at the bar. Why is the record identifying him at all?
637 00:34:46 Mr. Hampton is clearly giving Mr. Seale legal advice.
638 00:34:49 My lawyer is Charles Garry.
639 00:34:52 Excuse me, sir, but for all you know,
640 00:34:53 Mr. Hampton is giving Mr. Seale the score of the White Sox game.
641 00:34:56 -I will assume that he is not. -Why?
642 00:34:59 Because that's what happens when you don't have a lawyer.
643 00:35:03 The court assumes that you are being represented
644 00:35:06 by the Black Panther sitting behind you.
645 00:35:12 Continue.
646 00:35:14 Mr. Stahl, when Abbie offered to call the whole thing off for $100,000,
647 00:35:19 did you think that he was serious or did you think he was making a joke?
648 00:35:23 I had no reason not to think he was serious.
649 00:35:26 -Really? Do you know what extortion is? -Yes.
650 00:35:29 -Do you know it's a felony? -Yes.
651 00:35:31 Okay. So, when you called the FBI
652 00:35:33 and told 'em about Mr. Hoffman's attempt to extort a government employee,
653 00:35:37 -what'd they say? -I didn't call the FBI.
654 00:35:39 Sorry. When you called the US attorney and reported attempted extortion,
655 00:35:42 -what'd their office say? -I didn't call the US att--
656 00:35:44 -Cooke County DA. Did you call them? -No, sir.
657 00:35:47 -The chief of police? -Mr. Kunstler--
658 00:35:49 The police officer posted outside the mayor's office?
659 00:35:51 How about the mayor? Mr. Stahl, I'm gonna ask you again.
660 00:35:55 When Abbie Hoffman asked for $100,000 to call the whole thing off,
661 00:36:01 did you think that he was serious or did you know that he was making a joke?
662 00:36:06 I had no reason not to believe he was serious.
663 00:36:09 Then, along with extortion, did you know that perjury is a crime?
664 00:36:12 -Objection. -Sustained, and strike it. In fact,
665 00:36:15 strike the entirety of Mr. Stahl's testimony under cross-examination,
666 00:36:19 and the jury is instructed to disregard it.
667 00:36:22 You're gonna strike the entire cross-examination?
668 00:36:25 I gave you and co-counsel Fineglass ample--
669 00:36:28 Co-counsel's name is Weinglass.
670 00:36:30 Mr. Stahl's testimony under cross-examination is entirely--
671 00:36:34 You are interrupting the court again, Mr. Kunstler.
672 00:36:36 Move to reinstate testimony.
673 00:36:38 -Overruled. -Overruled.
674 00:36:45 -Overruled. -Exception.
675 00:36:47 Noted. Are there any further questions?
676 00:36:50 Yes. So, Mr. Stahl, in any of these meetings,
677 00:36:53 did any of the defendants say that if you didn't grant them permits,
678 00:36:57 that they would do violent acts to the city?
679 00:37:00 Yes, they said the Parks permit should be issued in order to minimize destruction.
680 00:37:05 Did they indicate from whom this destruction would come?
681 00:37:09 The destruction did not come from the Chicago Police Department,
682 00:37:12 if that's what you're suggesting.
683 00:37:15 No further questions.
684 00:37:17 I'd like to cross-examine the witness, Your Honor.
685 00:37:19 -You may not. -Have you met me?
686 00:37:21 Sit, Mr. Seale.
687 00:37:28 Are you guilty of conspiracy?
688 00:37:30 We believe that we are innocent.
689 00:37:32 The people who are guilty of conspiracy are the fuckers who put us on trial.
690 00:37:36 They are responsible for the bloodshed that flowed in the streets of Chicago.
691 00:37:40 Why won't Bobby Seale let anyone represent him?
692 00:37:42 You've posed that question in the form of a lie.
693 00:37:53 Conspiracy Office. Can you hold on?
694 00:37:57 Conspiracy Office. Can you hold on?
695 00:38:05 Conspiracy Office. Can you hold on?
696 00:38:07 Maybe you don't want to call it the, uh, Conspiracy Office.
697 00:38:11 They understand irony and appreciate the humor.
698 00:38:13 -I wouldn't count on it. -Most people are smart, Bill.
699 00:38:16 If you believe that, you'll get your heart broken every day of your life.
700 00:38:20 Hang on. Hi, how can I help you?
701 00:38:23 Messages?
702 00:38:24 We sure do take contributions. We've got high-priced lawyers.
703 00:38:27 High-priced lawyers are working for free.
704 00:38:29 -It's the support staff. -We can't take grass.
705 00:38:31 -Hey! -Yeah.
706 00:38:32 -Abbie says we'll take the weed. -Messages?
707 00:38:34 Let me give you our mailing address.
708 00:38:37 We are in Hyde Park,
709 00:38:39 ‎28 East Jackson Street, Chicago, Illinois. 60604…
710 00:38:45 I don't want you guys holding any more press conferences.
711 00:38:48 If you're gonna get between Abbie and a camera, I'd wear pads and a helmet.
712 00:38:52 We had a good day, Len. Tell him we had a good day.
713 00:38:54 Six and eleven.
714 00:38:55 -Yeah. -What does that mean?
715 00:38:56 -Jurors six and eleven. They're with us.
716 00:38:58 How do you know?
717 00:39:00 Six made sure I saw a copy of a James Baldwin novel under her arm,
718 00:39:03 and eleven's been nodding during the Stahl cross.
719 00:39:06 Falling asleep?
720 00:39:07 Nodding. Agreeing.
721 00:39:10 No more press conferences.
722 00:39:11 Why won't Bobby Seale let anyone represent him?
723 00:39:13 You posed that question in the form of a lie.
724 00:39:16 Bobby Seale's lawyer is Charles Garry. He's in the hospital right now.
725 00:39:19 A motion was made for postponement and it was denied.
726 00:39:22 Would you have taken $100,000 to call it off?
727 00:39:24 Yeah, sure. I would have taken $100,000.
728 00:39:28 ‎As for calling it off…
729 00:39:29 How much is it worth to you? What's your price?
730 00:39:31 To call off the revolution?
731 00:39:35 What's your price?
732 00:39:38 My life.
733 00:40:15 Any idea what's going on?
734 00:40:18 It's been years since I've had any idea what was going on.
735 00:40:30 I'm going to adjourn the court for the day
736 00:40:32 and see counsel in my chambers in 15 minutes.
737 00:40:35 All rise.
738 00:40:42 Gentlemen, it's been brought to my attention
739 00:40:44 that two jurors received threatening notes
740 00:40:46 from a member or members of the Black Panther Party.
741 00:40:49 Which two jurors?
742 00:40:51 Juror number six and juror number eleven.
743 00:40:54 These were slipped into the mail at the homes of their parents.
744 00:41:00 Bring in juror six.
745 00:41:02 Six and eleven?
746 00:41:05 -Yes. -Judge, I wonder if we could draw--
747 00:41:07 Juror number six, how are you?
748 00:41:09 I'm fine.
749 00:41:10 -Before we talk-- -Please.
750 00:41:12 Your parents received this note this morning in their mail.
751 00:41:15 They called the police, as they should have done.
752 00:41:17 I'd like you to take the note and read it out loud.
753 00:41:21 My parents?
754 00:41:21 -Your Honor, before she-- -Please read the note.
755 00:41:27 "We're watching you."
756 00:41:29 And you see who signed it?
757 00:41:33 "The Panthers."
758 00:41:34 You understand that to mean the Black Panthers, don't you?
759 00:41:38 You understand defendant Bobby Seale is the head of the Black Panthers.
760 00:41:41 -Judge, you can't--
761 00:41:42 He's chairman of the Black Panther Party. Do you still feel that you can render a fair and impartial verdict?
762 00:41:57 Juror number six, your family has been threatened
763 00:42:00 ‎and so have you…
764 00:42:03 by members of an organization that is led by one of the defendants.
765 00:42:07 ‎Judge, for the love of Christ, she…
766 00:42:12 -I apologize, Your Honor. -I would think so.
767 00:42:15 Do you still feel you can render a fair and impartial verdict?
768 00:42:22 No, sir.
769 00:42:24 You're dismissed from this jury. Thank you for your service.
770 00:42:28 Please bring in juror number eleven.
771 00:42:29 -I'm sorry. -Keep reading James Baldwin.
772 00:42:40 Bill, I thought the Panthers were smarter than that.
773 00:42:43 -They are. -Well--
774 00:42:44 The Panthers don't write letters any more than the Mob does.
775 00:42:47 The moment I find out that it was your office that did,
776 00:42:50 you'll see the criminal justice system up closer than you ever wanted to.
777 00:43:07 -Who are the alternates? -We're gonna make this public.
778 00:43:10 -Help yourself. -Who are they?
779 00:43:11 Somebody other than the FBI has to investigate that letter.
780 00:43:14 Who'd you have in mind? Jefferson Airplane?
781 00:43:17 -The FBI investigates. -This is bullshit.
782 00:43:19 Who are the alternates?
783 00:43:20 -Fucking bullshit. -Clean up the language.
784 00:43:22 Kay Richards. 42-year-old dental hygienist.
785 00:43:25 That doesn't sound bad.
786 00:43:26 We think she's dating a guy named Tom Banachek, who works for Daley.
787 00:43:33 -We were out of peremptory challenges. -How did this happen?
788 00:43:36 It's either her or that Korean War vet
789 00:43:39 who kicked his son out of the house for protesting the Vietnam.
790 00:43:41 ‎You don't have to be Clarence Darrow…
791 00:43:43 Did they manipulate the jury pool? How come there's nobody who looks like me?
792 00:43:47 All right, raise your hands if any of you have ever shown up for jury duty.
793 00:43:52 No? Then shut the fuck up.
794 00:43:54 ‎Bill…
795 00:43:56 Yeah? What?
796 00:43:58 He's sequestering the jury.
797 00:44:00 Of course he is.
798 00:44:04 No such thing as a political trial.
799 00:44:07 Good to know.
800 00:44:10 ‎I…
801 00:44:11 I want an expert in geriatric psychiatry sitting in the gallery for a few days.
802 00:44:17 ‎I want a medical evaluation of this… this judge.
803 00:44:28 The sequester's probably a reaction to Abbie doing stand-up on weekends.
804 00:44:32 It's not stand-up.
805 00:44:33 You're in a college auditorium in a spotlight telling jokes.
806 00:44:36 That's a little reductive.
807 00:44:39 Names?
808 00:44:40 Yeah. From yesterday.
809 00:44:47 You hungry?
810 00:44:51 If I hadn't asked you to help me with Sara Beth,
811 00:44:53 -none of this would have happened. -No.
812 00:44:55 I asked you to help with Sara Beth. That got us the first riot.
813 00:44:58 The first riot got us the real riot.
814 00:44:59 -That's not-- -Hang on.
815 00:45:19 ‎Anyway, I'm telling stories. I always…
816 00:45:21 I'll add the names.
817 00:45:23 Thank you.
818 00:45:25 We move to strike the order for sequestration of the jury,
819 00:45:28 which was made by Your Honor, sua sponte motion--
820 00:45:31 Hold on.
821 00:45:34 Mr. Rubin, Mr. Hoffman.
822 00:45:37 What are you wearing?
823 00:45:39 It's an homage to you, Your Honor.
824 00:45:41 Do you have clothes underneath there?
825 00:45:44 Yes. Hold on.
826 00:45:47 -Yes. -Take off the robes, please.
827 00:45:55 Silence!
828 00:45:56 Bailiff, charge Mr. Rubin and Mr. Hoffman with one count of contempt.
829 00:46:01 Mr. Kunstler, continue.
830 00:46:04 We feel that sequestration,
831 00:46:05 for what appears will be a considerable period of time, can only--
832 00:46:09 It would be a considerably shorter period if the defense made fewer objections.
833 00:46:14 ‎…can only serve to the defendants' disadvantage.
834 00:46:16 The defense will make not one fewer objection than the prosecution
835 00:46:20 or this court gives us reason to.
836 00:46:22 Bailiff, charge Mr. Kunstler with one count of contempt.
837 00:46:29 May I continue my argument so it appears in the record?
838 00:46:32 You may continue.
839 00:46:33 The jury will be in the custody of the deputy marshals.
840 00:46:37 The marshals will take care of all the needs and wants of the jury.
841 00:46:40 We feel that that tends to make the jurors sympathetic.
842 00:46:44 ‎The jury are gonna be taken care of…
843 00:47:01 -Paul Deluca. -And what is your occupation?
844 00:47:03 I'm a detective with the police department, City of Chicago.
845 00:47:06 Calling your attention to August of 1968 during the convention,
846 00:47:10 did you have a specific assignment?
847 00:47:12 To keep Rennie Davis under surveillance with my partner, Detective Bell.
848 00:47:16 While you were surveilling Rennie Davis on the evening of Sunday, August 25th,
849 00:47:21 the night before the convention began,
850 00:47:23 did you observe Tom Hayden committing a crime?
851 00:47:26 Yes, Mr. Hayden was letting the air out of the tire of a police vehicle.
852 00:47:32 The park closes at 11:00 p.m. by order of the Chicago PD.
853 00:47:36 You must be out of the park by 11:00 p.m.
854 00:47:41 Violators will be prosecuted for trespassing.
855 00:47:43 I repeat, you must be out of the park.
856 00:48:00 It's a strategy of throwin' banana peels all over Chicago,
857 00:48:03 and the machine will stumble.
858 00:48:05 When it stumbles, it goes into a policy of overkill
859 00:48:08 and it starts to devour itself.
860 00:48:11 We gotta convince 'em.
861 00:48:13 We gotta convince 'em of what? That we're crazy enough to do anything.
862 00:48:26 We think it's important
863 00:48:28 for confrontational tactical knowledge to be understood.
864 00:48:30 You know it!
865 00:48:32 Right, confrontational tactics make us safer.
866 00:48:34 -Yeah. -Right.
867 00:48:35 Why? Because the pigs become afraid.
868 00:48:38 You know, and that's fighting fire with what?
869 00:48:41 Fire!
870 00:48:42 You don't fight fire with fire. You fight it with water, jackass.
871 00:48:45 -It's a metaphor. -Abbie and his fuckin' banana peels?
872 00:48:48 Also a metaphor.
873 00:48:49 Between the cops, the state police and the Guard,
874 00:48:52 Daley's got 15,000 soldiers whose guns are loaded with bullets that are literal.
875 00:48:56 I could argue that the bullets are also--
876 00:48:58 Yeah, so could I, but don't.
877 00:49:00 The atmosphere's getting dangerous and someone's gonna throw a rock.
878 00:49:03 I wanna get the word out we're protesting the war and not the cops.
879 00:49:06 -Damn it! -What?
880 00:49:09 I think those are my guys.
881 00:49:11 I think that's their car.
882 00:49:14 Yep, that's them. They're back. They were following me all day.
883 00:49:18 Listen, here's the thing I haven't told you about Sara Beth.
884 00:49:21 -She isn't into this at all. -Isn't into what?
885 00:49:24 ‎When I'm with her and her family, I try to…
886 00:49:27 ‎I de-emphasize the…
887 00:49:30 -radical revolutionary part of my-- -Got it.
888 00:49:33 Her parents are letting me stay with them.
889 00:49:34 If I show up tailed by two undercover police officers--
890 00:49:37 -That'll be hard to explain. -This isn't her world.
891 00:49:40 It's definitely not her parents' world.
892 00:49:42 -If I bring my world into their driveway-- -You could be in a healthier relationship.
893 00:49:47 I know, but until then, it's the one I got.
894 00:49:51 -So that's their car? -Yep.
895 00:49:55 -Where are they? -Looking for me.
896 00:49:58 All right, go back into the crowd and let 'em find you.
897 00:50:01 And then leave the park by the east exit.
898 00:50:04 -They'll need their car to follow you. -What are you gonna do?
899 00:50:07 It won't remind anyone of Gandhi, but a little civil disobedience. Go.
900 00:50:10 -You're not gonna cut the brakes-- -I'll let the air out of a tire. Go.
901 00:50:14 I appreciate it. I don't wanna be a phony with Sara--
902 00:50:17 -You're welcome. You should really go now. -Yep.
903 00:50:22 Detective Bell and I spotted Rennie Davis walking in the crowd,
904 00:50:26 and we observed him on foot for a few minutes.
905 00:50:28 Then we returned to the unit.
906 00:50:30 -Your car? -Yes.
907 00:50:32 What did you find?
908 00:50:36 -Don't fuckin' move. -On your feet.
909 00:50:38 Those are two contradictory instructions--
910 00:50:42 All right, hands behind your head.
911 00:50:44 Spread your legs.
912 00:50:46 Was that a contradictory instruction?
913 00:50:48 No.
914 00:50:49 ‎-What happened then? -Someone from the crowd shouted…
915 00:50:52 -They're hassling Tom Hayden! -Paulie, you need to see what I'm seeing.
916 00:50:58 -Hey! Stay back there! All of ya! -Police! Stay back!
917 00:51:02 -Listen, everybody stay cool. -Shut up. All right, tell 'em to get back.
918 00:51:06 -Again, that's a contradict-- -Tell 'em to get back.
919 00:51:08 Did he tell the crowd to back down?
920 00:51:10 Everybody get back. I'm all right. Stay cool.
921 00:51:13 He was egging them on.
922 00:51:15 Did you take Mr. Hayden under arrest at that moment?
923 00:51:17 -No, sir. -Why not?
924 00:51:19 Who's shinin' that?
925 00:51:21 Paulie, it's a camera. It's a TV camera.
926 00:51:23 We wanted to defuse the situation,
927 00:51:26 so we arranged to take Mr. Hayden in the next morning.
928 00:51:32 This is gonna be for me.
929 00:51:33 Let me try to explain to them.
930 00:51:35 Tell 'em about Sara Beth's parents.
931 00:51:37 -Yeah. -I was kidding.
932 00:51:38 Just bail me out and keep to the schedule. It's fine.
933 00:51:41 -Tom Hayden? -Yeah.
934 00:51:43 -See you in a bit. -You're under arrest.
935 00:51:44 Got it.
936 00:51:47 We'll stand in recess for one hour, and court will resume at 1:30--
937 00:51:50 Your Honor, I have a motion I'd like to bring forward.
938 00:51:53 You wish to address the court, Mr. Seale?
939 00:51:56 Yes. I have a motion--
940 00:51:58 I will hear you, Mr. Seale.
941 00:52:01 Just a moment.
942 00:52:03 Mr. Seale, do you have a motion?
943 00:52:05 "I, Bobby G. Seale, have a motion pro se to defend myself."
944 00:52:09 "I'd like to invoke the precedent of Adams v. US ex rel. McCann,
945 00:52:12 -where the Supreme Court is--" -That's enough.
946 00:52:15 Where are you learning these things?
947 00:52:17 Does your young friend Mr. Hampton have a background in law?
948 00:52:21 Your Honor, the other defendants would like to join in Mr. Seale's motion.
949 00:52:24 Are you now speaking on behalf of Mr. Seale?
950 00:52:26 No, Your Honor, I'm speaking on behalf of the other defendants.
951 00:52:30 You're right next to him. Why don't you represent him?
952 00:52:33 Because I'm not his lawyer, sir.
953 00:52:36 And if I understand Mr. Seale, this last month and a half,
954 00:52:39 and I believe I have,
955 00:52:41 -he is not represented by counsel. -Overruled.
956 00:52:44 ‎-I am being denied right now… -Mr. Seale…
957 00:52:46 ‎…my constitutional right for legal representation--
958 00:52:50 Will you be quiet!
959 00:52:53 You have lawyers to speak for you.
960 00:52:56 No, he doesn't!
961 00:53:13 Cite Mr. Kunstler with his second count of contempt.
962 00:53:17 All rise.
963 00:53:26 So, Hayden's in a holding cell on a tire pressure-related charge,
964 00:53:30 and suddenly, every freak in Chicago is mobilized.
965 00:53:33 "They got Hayden!"
966 00:53:35 "We gotta march down to the police station,
967 00:53:38 overcome the cops and the Illinois National Guard
968 00:53:41 and free Tom Hayden!"
969 00:53:44 We couldn't find our way out of the park.
970 00:53:48 Now, over the course of ten days, the government called 37 witnesses,
971 00:53:53 each and every one of them an employee of the government.
972 00:53:57 I call this portion of the trial "with friends like these."
973 00:54:01 Rennie, this is Sam. He can be trusted.
974 00:54:04 Detective Sam McGiven, Chicago Police Department.
975 00:54:06 -Abbie, this is Stan. -Oh, hey.
976 00:54:08 -Stan Wojohowski. -How you doin', Stan?
977 00:54:10 -What is your occupation? -I'm a Chicago police officer.
978 00:54:13 Scotty Scibelli, Tom.
979 00:54:15 I'm your guy for ass, weed or whatever you need.
980 00:54:18 Staff Sergeant Scott Scibelli, Illinois State Police.
981 00:54:27 It's from the woman in the glasses.
982 00:54:32 -Really? -Yeah.
983 00:54:43 Hey, uh, did you mean this for me?
984 00:54:46 -I did. -Nobody's ever sent me a drink before.
985 00:54:48 -How do you like it so far? -It's a Tom Collins.
986 00:54:51 I know it's a country club drink, but they're delicious.
987 00:54:54 A man in England named Tom Collins claimed in 1894 to have invented it,
988 00:54:59 but then another man, whose name I've forgotten, said no,
989 00:55:02 he'd invented it two years earlier, and I think there was a lawsuit.
990 00:55:05 That's a surprising amount of controversy for gin and lemonade.
991 00:55:09 -I'm Jerry. -I know.
992 00:55:11 Jerry, do you know why the French only eat one egg for breakfast?
993 00:55:15 -No. -Because in France,
994 00:55:17 ‎one egg… is un oeuf.
995 00:55:22 It's un oeuf.
996 00:55:24 -Wow! -I know!
997 00:55:27 I feel so much better about my Tom Collins story.
998 00:55:31 I'm Daphne O'Connor.
999 00:55:32 Special Agent Daphne O'Connor, FBI Counterintelligence.
1000 00:55:36 Spell your name.
1001 00:55:37 Think it's possible there were seven demonstrators in Chicago last summer
1002 00:55:40 leading 10,000 undercover cops in protest?
1003 00:55:43 What was your assignment in Chicago?
1004 00:55:45 To use Jerry Rubin to infiltrate the leaders of the protest.
1005 00:55:48 And you were with Jerry Rubin, Abbie Hoffman, Dave Dellinger
1006 00:55:52 and Rennie Davis on the afternoon of the 27th?
1007 00:55:55 Yes.
1008 00:55:56 -What were they doing together? -They were leading a group of protesters.
1009 00:55:59 -How many, would you say? -About 800.
1010 00:56:01 Where were they leading these 800 people?
1011 00:56:03 -To police headquarters at 11th and State. -Why?
1012 00:56:06 Tom Hayden was being held there on charges of tampering with a police vehicle.
1013 00:56:10 Jerry Rubin said it was time to "confront the pigs."
1014 00:56:14 ‎And by "pigs," he meant…
1015 00:56:16 It was time to confront the police.
1016 00:56:21 Follow Abbie!
1017 00:56:23 Marshals, we're on the move.
1018 00:56:29 I remember also at the front of the group was Mr. Allen Ginsberg.
1019 00:56:33 Allen Ginsberg, the poet?
1020 00:56:34 Yes, he was chanting a kind of war chant.
1021 00:56:37 -Whose street? -Our streets!
1022 00:56:39 What's he doing?
1023 00:56:41 He's channeling the energy. Settling things down.
1024 00:56:43 And how's that workin' so far?
1025 00:56:44 -Whose street? -Our streets!
1026 00:56:47 -Whose street? -Our streets!
1027 00:56:51 The guy testified that Ginsberg was letting out a war chant,
1028 00:56:56 some kinda fucking jungle signal to Beat poets,
1029 00:57:00 that they should begin pelting the troops with blank verse.
1030 00:57:06 So, a guy in the crowd is marching with a girl on his shoulders.
1031 00:57:09 She's waving an American flag,
1032 00:57:12 and this seems to really be bothering some frat brothers
1033 00:57:16 who'd come to town in the spirit of fraternity.
1034 00:57:19 Put down the flag!
1035 00:57:20 Hey, put the flag down!
1036 00:57:22 Can you hear us? Are you fucking deaf, you bitch?
1037 00:57:25 -Put the flag down! -Go to the kitchen and make me a sandwich!
1038 00:57:29 I'm gonna go back there and take care of that.
1039 00:57:31 They are not the enemy.
1040 00:57:33 In so many fuckin' ways, they are.
1041 00:57:37 Free Tom Hayden!
1042 00:57:40 Free Tom Hayden!
1043 00:57:45 The group turned left on 11th Street.
1044 00:57:48 We make a left on 11th Street.
1045 00:57:50 That's when they saw it.
1046 00:57:51 -Free Tom Hayden! -Free Tom Hayden!
1047 00:58:01 Holy shit!
1048 00:58:06 Are they about to conquer Spain?
1049 00:58:13 Fuck it.
1050 00:58:15 What do you mean, "Fuck it"?
1051 00:58:16 This is it. It's time.
1052 00:58:19 -We're not rushing the police. -Why the fuck not?
1053 00:58:21 -We'll be critically injured. -Tom doesn't want anyone hurt.
1054 00:58:25 Turn this crowd around. There's too much momentum.
1055 00:58:27 -Turn 'em around and calm them down. -What are we doin'?
1056 00:58:30 He's right. This is not safe. I know something about this. Come on.
1057 00:58:33 Marshals, turn 'em around and slow 'em down.
1058 00:58:35 Looks like the Alamo back here. Turn 'em around.
1059 00:58:38 -Bring 'em safely to the park. -We should be marching up to them.
1060 00:58:40 I don't think they'll surrender, man.
1061 00:58:43 Keep 'em movin'. Dave and I are gonna stay and make Tom's bail.
1062 00:58:47 Back to the park!
1063 00:58:49 I don't carry money, do you?
1064 00:58:52 I do. I'm a grown man.
1065 00:58:56 You're killin' me, Allen. You're goddamn killing me!
1066 00:58:58 The marshals are spreading word that we gotta keep moving.
1067 00:59:01 "Go left on Roosevelt and back in the park," right?
1068 00:59:03 When they got to the park, three divisions of police officers had moved in from the south.
1069 00:59:27 I don't know what tactical genius came up with that,
1070 00:59:31 but you know when shit happens?
1071 00:59:32 When you don't give protesters a place to go.
1072 00:59:36 How would you characterize the mood of the crowd?
1073 00:59:38 The witness is in no position to characterize the mood of 1,000 strangers.
1074 00:59:42 Do you have an objection?
1075 00:59:44 -Yes, sir. -On what grounds?
1076 00:59:46 On those grounds.
1077 00:59:47 Overruled.
1078 00:59:49 I will clear this courtroom.
1079 00:59:52 Mr. Wojohowski?
1080 00:59:53 The crowd was looking for a fight.
1081 00:59:55 You're pigs! Your children are pigs!
1082 00:59:58 No, we should leave their children out of it.
1083 01:00:00 You're right. I know.
1084 01:00:02 "White honky MFers, get out of our park."
1085 01:00:05 And then he said, "Look at 'em."
1086 01:00:06 They don't look so tough.
1087 01:00:08 ‎Well, the guns…
1088 01:00:10 There are no permits for this demonstration.
1089 01:00:12 You're ordered to leave the park, immediately!
1090 01:00:14 Put down your guns, motherfuckers!
1091 01:00:17 Fight like fuckin' men!
1092 01:00:19 Just so you know, I do not have your back on that.
1093 01:00:21 And the guys from Kappa Gamma Douchebag, who were hassling the girl?
1094 01:00:27 They're back.
1095 01:00:28 Put down the goddamn flag, you cunt!
1096 01:00:31 -Go make me a sandwich! -Put it down!
1097 01:00:33 -Put the flag down! -Calm down!
1098 01:00:35 Help me calm 'em down, Jerry!
1099 01:00:37 Baby, defuse the situation. They will listen to you.
1100 01:00:41 What?
1101 01:00:42 Nothing, that sounded nice when you said it.
1102 01:00:44 -Right now! -Yeah.
1103 01:00:45 ‎-Someone from the crowd shouts… -A guy in the crowd shouts…
1104 01:00:49 ‎Someone in the crowd shouted…
1105 01:00:50 Take the hill!
1106 01:00:52 Hey! Stop running! Hey, everybody!
1107 01:00:56 The street name for chloroacetophenone is tear gas.
1108 01:00:59 Fire!
1109 01:01:01 And it's a fuckin' blowtorch.
1110 01:01:04 ‎Your lungs, your skin, your eyes…
1111 01:01:06 -Go, go! -Riot clubs?
1112 01:01:08 They're made out of the same wood they use for baseball bats.
1113 01:01:31 Let me go!
1114 01:01:42 Put the flag down!
1115 01:01:48 -Hey! -You shut your fuckin' mouth!
1116 01:01:50 What are you doing?
1117 01:01:52 You got this coming!
1118 01:01:54 What the fuck is wrong with you? Hey! Hey, get the fuck off of her!
1119 01:01:57 What's the matter with you?
1120 01:01:59 Fuck you, hippie faggot!
1121 01:02:03 You're all right.
1122 01:02:04 You're okay. Here.
1123 01:02:06 You gotta just hold this over your face, okay?
1124 01:02:09 I'm gonna take you to the first-aid station.
1125 01:02:12 You're all right. I got you.
1126 01:02:13 ‎We have to go. Okay, I'm gonna get you out of here. I'm gonna…
1127 01:02:20 Don't move, Jerry.
1128 01:02:21 -Man, get those guys. They were-- -You're under arrest.
1129 01:02:25 Everybody gather in the center of the park…
1130 01:02:30 After bailing out Tom Hayden,
1131 01:02:32 Abbie, Dave and Tom returned to the park. Is that correct?
1132 01:02:42 Sir, can you look at me? Sir?
1133 01:02:50 Get in.
1134 01:02:55 I'll be honest. I was starting to worry about getting everyone out of Chicago alive.
1135 01:03:00 -That's not really up to us. -Yeah, it is.
1136 01:03:03 What are you lookin' at me for? I went to bail you out.
1137 01:03:06 800 people followed you?
1138 01:03:08 Oh, that. Yeah, people follow me. Hell if I know why.
1139 01:03:12 I'm racking my brain as well.
1140 01:03:14 How'd you make bail so fast?
1141 01:03:16 I wasn't arrested, I was detained.
1142 01:03:18 They couldn't figure out what to charge me with.
1143 01:03:21 Assault.
1144 01:03:23 I was assaulting someone who was assaulting someone.
1145 01:03:26 -So-- -Okay, guys.
1146 01:03:27 Nothing is more dangerous than a crowd of people moving.
1147 01:03:30 It's like trying to redirect the Mississippi River.
1148 01:03:33 -Isn't she great? -Get your people to cool off.
1149 01:03:36 -We're responsible for these people. -Tommy.
1150 01:03:38 We have to protest in front of the convention.
1151 01:03:41 Plain and simple. 'Cause that's where the cameras are.
1152 01:03:44 We have to get to the convention. That means we have to leave the park.
1153 01:03:48 And that's when people'll get hurt.
1154 01:03:50 As long as every person following me knows that, then I sleep fine at night.
1155 01:03:54 Tell me how you do it.
1156 01:03:55 -A lot of it is drugs. -Yeah?
1157 01:03:58 This is what happened when we try to go up a hill.
1158 01:04:01 We're not getting anywhere near the convention.
1159 01:04:06 Special Agent O'Connor, you testified that Jerry Rubin said,
1160 01:04:10 "Fuck 'em all. They're all pigs. We should form an army and get guns."
1161 01:04:16 Yes.
1162 01:04:17 And when he said that, did anyone form an army and get guns?
1163 01:04:20 No.
1164 01:04:21 Did Jerry Rubin instruct the crowd to run into the park?
1165 01:04:25 -No. -Did Rennie Davis?
1166 01:04:27 -No. -Was Abbie Hoffman even there?
1167 01:04:29 -No. -Was Dave Dellinger?
1168 01:04:31 -No. -John Froines there?
1169 01:04:33 -No. -Lee Weiner?
1170 01:04:36 No, he wasn't there.
1171 01:04:37 ‎You testified that Jerry and Rennie…
1172 01:04:39 Can you say it for me again?
1173 01:04:41 That they were trying to turn the people around
1174 01:04:44 and send them back down the hill just like you told them to.
1175 01:04:48 Is that correct?
1176 01:04:54 Mr. Kunstler, the demonstrators attacked the police
1177 01:04:57 and the police responded.
1178 01:05:00 And are any of those demonstrators that you saw attacking the police
1179 01:05:04 sitting here at the defense table?
1180 01:05:06 -No, sir. -Well, thank you.
1181 01:05:10 No further questions.
1182 01:05:12 -The court will stand-- -I wasn't there, either.
1183 01:05:14 -Mr. Seale-- -I wasn't there at all.
1184 01:05:16 I should be allowed to cross-examine this witness!
1185 01:05:18 -We will stand in recess until-- -Four hours!
1186 01:05:21 Mr. Hampton!
1187 01:05:22 That's how long Bobby Seale was in Chicago.
1188 01:05:24 -Quiet! -Four hours!
1189 01:05:33 All rise.
1190 01:05:39 The court will stand in recess for the weekend.
1191 01:05:49 Yeah, I took in the exhibit.
1192 01:05:51 I cleared my mind.
1193 01:05:54 Stood there for 20 minutes. I felt nothing.
1194 01:05:58 Well, but it wasn't a painting, it was an exhibit.
1195 01:06:04 It was a natural history museum.
1196 01:06:05 And when you put exhibits of Native Indian families
1197 01:06:08 in a natural history museum
1198 01:06:10 alongside dioramas of early man and the Jurassic age,
1199 01:06:13 it gives the impression that the Cherokee evolved into modern-day Europeans.
1200 01:06:19 Look who it is.
1201 01:06:21 I got a bone to pick with that guy.
1202 01:06:23 Hey, Counselor.
1203 01:06:25 -No colleges this weekend? -Winter break.
1204 01:06:28 My audience went home to their parents.
1205 01:06:30 Are these ladies related to you?
1206 01:06:32 These are my daughters. This is Emily and Julie.
1207 01:06:34 Your dad's a good guy.
1208 01:06:36 That's coming from someone who he's trying hard to put in prison.
1209 01:06:39 We shouldn't be talking without your lawyer.
1210 01:06:41 We're all on the same team.
1211 01:06:43 In a sense, I guess, but in a much truer sense, we're not.
1212 01:06:46 Girls, here, take this dollar
1213 01:06:49 and go over to those musicians and put it in their hat, okay?
1214 01:06:53 And here's a quarter. Go buy some of those candy-coated peanuts
1215 01:06:56 that your mom won't let you have. All right? Shh.
1216 01:07:00 -Sweet kids. -Thank you.
1217 01:07:01 If your lawyer were here, I'd tell you the window's closing for you to plead out.
1218 01:07:07 We're not taking a fuckin' deal. Would you stop?
1219 01:07:10 I wish I could share Abbie's sentiment that you're a good guy,
1220 01:07:13 but I'm afraid I can't.
1221 01:07:14 I'm sorry to hear that.
1222 01:07:16 Sending Daphne O'Connor to break my heart was way out of line.
1223 01:07:20 Well, I don't work for the FBI,
1224 01:07:22 but O'Connor was one of many agents sent to gather intelligence
1225 01:07:26 on what had been deemed a credible threat.
1226 01:07:27 Fine. Then you bug our phones, you wire up a dope dealer. Be a man.
1227 01:07:32 -You don't send a woman to ensorcell me. -What?
1228 01:07:36 It means to enchant.
1229 01:07:37 -Only to have her crush my soul. -How long did you two know each other?
1230 01:07:42 Ninety-three hours. Could've been a lifetime.
1231 01:07:45 For a fruit fly. Enjoy your weekend.
1232 01:07:47 Is that even ethical?
1233 01:07:50 Aren't there ethics rules?
1234 01:07:51 Did she engage with you sexually?
1235 01:07:55 Well, we were takin' it slow.
1236 01:07:57 He's gonna be all right.
1237 01:07:59 One egg is un oeuf?
1238 01:08:01 -They teach her that at the Academy? -Yep.
1239 01:08:04 We don't have any beef with you.
1240 01:08:06 We know you're doing your job and you don't think we're criminals.
1241 01:08:09 I'm not sure where you get that info,
1242 01:08:11 but I represent the People without passion or prejudice.
1243 01:08:14 You think we were responsible?
1244 01:08:16 You got the result you were looking for.
1245 01:08:19 So did Nixon.
1246 01:08:21 How 'bout that? See you Monday.
1247 01:08:26 Does she ever mention me?
1248 01:08:52 Conspiracy Office.
1249 01:08:59 I need a second.
1250 01:09:07 Something's happened, Tom.
1251 01:09:29 ‎Bobby, uh…
1252 01:09:32 Fred Hampton was shot and killed last night.
1253 01:09:39 There was a police raid, and there was a shootout.
1254 01:09:43 And he's dead.
1255 01:09:48 -It took place between the hours of 4:00-- -I know.
1256 01:09:51 -You were told? -Yeah.
1257 01:09:57 I'm so sorry.
1258 01:10:06 The seven of you, you've all got the same father, right?
1259 01:10:11 I'm talkin' to you.
1260 01:10:15 You all got the same father, right?
1261 01:10:17 ‎"Cut your hair…
1262 01:10:20 don't be a fag, respect authority, respect America, respect me."
1263 01:10:27 Your life, it's a "fuck you" to your father, right?
1264 01:10:33 A little?
1265 01:10:36 -Maybe. -Maybe.
1266 01:10:39 And you can see how that's different from a rope on a tree?
1267 01:10:42 Yeah.
1268 01:10:44 Yeah.
1269 01:10:49 He was shot in the shoulder first.
1270 01:10:52 You can't aim a gun if you've been shot in the shoulder.
1271 01:10:55 You can't squeeze the trigger.
1272 01:10:58 Second shot was in his head.
1273 01:11:02 Fred was executed.
1274 01:11:08 Anything else?
1275 01:11:13 No.
1276 01:11:28 Calling your attention to the evening of the next day,
1277 01:11:31 Tuesday, August 27th, were you in Grant Park?
1278 01:11:34 Yes. There was a "Free Huey Newton" rally going on.
1279 01:11:38 -Recognize any of the speakers? -I heard Jerry Rubin give a speech.
1280 01:11:42 Phil Ochs sang, and then Bobby Seale gave a speech.
1281 01:11:45 I object to this testimony against me because I have been denied counsel.
1282 01:11:50 We understand.
1283 01:11:51 Do you recall any of Mr. Seale's speech?
1284 01:11:54 Yes. He said--
1285 01:11:55 -I object to this man's-- -Quiet!
1286 01:11:58 Go ahead.
1287 01:11:59 -May I refer to notes? -Yes.
1288 01:12:04 He said, "We must understand that as we go forth
1289 01:12:07 ‎to try to move the reprobate politicians…"
1290 01:12:09 Your Honor-- -"our cowardly Congress,
1291 01:12:12 ‎-the jive, double-lip talking Nixon--" -"Jive, double-lip, talking Nixon…"
1292 01:12:16 You're making me sound like one funky cat. Thank you, sir.
1293 01:12:20 Last warning, Mr. Seale.
1294 01:12:24 Did he say anything else?
1295 01:12:25 He said, "The revolution at this time
1296 01:12:28 is directly connected to organized guns in force."
1297 01:12:34 No more questions.
1298 01:12:37 Jive, double-lip talking. Funky, funky cat.
1299 01:12:41 Would the defense like to cross-examine the witness?
1300 01:12:43 Yes. I'm sittin' here saying that I would like to cross-examine a witness.
1301 01:12:48 -Only lawyers can address a witness. -My lawyer is Charles Garry.
1302 01:12:51 -I'm tired of hearing that. -Couldn't care less what you're tired of.
1303 01:12:55 What did you say?
1304 01:12:59 I said it would be impossible for me to care any less what you are tired of.
1305 01:13:04 And I demand to cross-examine the witness.
1306 01:13:07 Sit in your chair and be quiet.
1307 01:13:09 And don't ever address this court in that manner again.
1308 01:13:17 Are there any further questions?
1309 01:13:20 We'll stand in recess for one hour, and court will resume again--
1310 01:13:24 -It was premeditated murder! -Yes, it was!
1311 01:13:27 -Fred Hampton was assassinated last night! -Marshals, put Mr. Seale--
1312 01:13:31 He wouldn't have been able to hold a gun!
1313 01:13:33 When they publish the coroner's report, ask about the bullet in his shoulder!
1314 01:13:41 I strongly caution you, Mr. Seale.
1315 01:13:45 I strongly caution--
1316 01:13:47 Oh, strongly fuck yourself!
1317 01:13:52 Marshals, take that defendant into a room
1318 01:13:55 and deal with him as he should be dealt with.
1319 01:15:24 Let the record show that I tried, fairly and impartially.
1320 01:15:29 I tried to get the defendant to sit on his own.
1321 01:15:33 I ask you again, Mr. Seale,
1322 01:15:35 and you may indicate by raising your head up and down,
1323 01:15:39 or moving it from side to side,
1324 01:15:42 if I have your assurance that you will not do anything to disrupt this trial,
1325 01:15:47 if I allow you to resume proper order.
1326 01:15:51 Do I have your assurance?
1327 01:16:03 Mr. Schultz, call your next witness.
1328 01:16:09 Mr. Schultz?
1329 01:16:20 Your Honor, may we approach?
1330 01:16:27 Can he breathe?
1331 01:16:29 Can you breathe all right, Bobby?
1332 01:16:37 Your Honor, our defendant is gagged and bound in an American courtroom.
1333 01:16:41 He brought it on himself.
1334 01:16:43 Are you insane?
1335 01:16:44 Mr. Kunstler.
1336 01:16:47 Love of God.
1337 01:16:49 What do you want, Mr. Schultz? This is your sidebar.
1338 01:16:52 The government would like to make a motion that Bobby Seale be separated--
1339 01:16:55 -Wait, wait, wait-- -Sir, please.
1340 01:16:58 A motion that Bobby Seale be separated from the rest of the defendants
1341 01:17:01 and his case be declared a mistrial.
1342 01:17:04 You want me to give him his mistrial?
1343 01:17:06 Of course, because you took that Black guy and you made him a sympathetic character.
1344 01:17:10 Mr. Kunstler, I have lived a very long time, sir.
1345 01:17:15 And you're the first person ever
1346 01:17:18 to suggest that I have discriminated against a Black man.
1347 01:17:23 Then let the record show that I am the second.
1348 01:17:28 Step back.
1349 01:17:43 I'm issuing an order declaring a mistrial as to the defendant Bobby G. Seale.
1350 01:17:57 Mr. Seale, you are currently charged with 16 counts of contempt
1351 01:18:02 for your repeated displays of disrespect,
1352 01:18:05 and you have a pending homicide charge in Connecticut.
1353 01:18:10 You are not home free, sir, and I doubt you ever will be.
1354 01:18:16 We are adjourned until 10:00, Monday.
1355 01:18:20 All rise.
1356 01:18:55 Conspiracy Office, how can I help you?
1357 01:19:03 No, sir. I am a white woman.
1358 01:19:09 Yeah, I've slept with several in my life so far, and on balance,
1359 01:19:12 I'd have to say it is better.
1360 01:19:14 I think that's a big part of what's got you worked up.
1361 01:19:17 Hang up the phone.
1362 01:19:17 It's not so much that it's bigger. It's just better.
1363 01:19:20 Hang up the phone.
1364 01:19:24 Was that a parting gift for Bobby?
1365 01:19:27 No. That was just for me.
1366 01:19:43 Why the fuck did you stand up?
1367 01:19:46 It was a reflex.
1368 01:19:46 He was respecting the institution.
1369 01:19:48 I don't know what good it does to insult the judge in view of the jury, the press,
1370 01:19:53 and Foran and Schultz, who'll recommend sentencing if we're convicted.
1371 01:19:56 It's a revolution, Tom. We may have to hurt somebody's feelings.
1372 01:20:02 ‎So, um…
1373 01:20:04 we have this list.
1374 01:20:06 Maybe Monday morning, we could read the names into the record
1375 01:20:10 -as a way of saying-- -Saying what?
1376 01:20:12 That whatever we're facing, you know, it's peanuts compared to what--
1377 01:20:16 He's gonna sentence us. The judge decides what we're facing.
1378 01:20:19 -It is a goddamn trial. -Political trial.
1379 01:20:22 ‎No, we were arrested… The law doesn't recognize political trials.
1380 01:20:26 No, we weren't arrested. We were chosen.
1381 01:20:32 Lee, John, have you guys asked yourselves what you're doing here?
1382 01:20:35 Every day.
1383 01:20:36 You're a give-back.
1384 01:20:38 They give the jury a couple of guys they can acquit
1385 01:20:40 so they feel better about finding the rest of us guilty.
1386 01:20:46 Lenny, am I wrong?
1387 01:20:49 No.
1388 01:20:50 Wait, so our role in history is that we made it easier to convict our friends?
1389 01:20:54 They're gonna find us guilty if they just don't like you.
1390 01:20:57 That's why Bill won't put us on the stand.
1391 01:21:00 I can take the stand. I'm easier for them to like.
1392 01:21:03 I'm literally a Boy Scout troop leader.
1393 01:21:10 You're a conscientious objector.
1394 01:21:13 A lot of people are conscientious objectors.
1395 01:21:15 During World War II?
1396 01:21:16 You sat out World War II. Even I wanna punch you.
1397 01:21:20 -We can talk about that. -I'm looking forward to it.
1398 01:21:23 I could take the stand.
1399 01:21:25 Mr. Rubin, you ever taught a classroom how to make a bomb?
1400 01:21:28 Man, eighth graders are taught how Oppenheimer made a bomb.
1401 01:21:31 Not one you can build with materials from Woolworth's.
1402 01:21:34 You know what'd be ironic?
1403 01:21:36 -What? -I said, know what--
1404 01:21:38 He heard you. He's asking what would be ironic.
1405 01:21:40 I was gonna say if John Mitchell did all this just to get back at Ramsey Clark.
1406 01:21:45 -For what? -That thing, remember?
1407 01:21:47 Outgoing cabinet members are supposed to resign,
1408 01:21:50 but Ramsey Clark didn't tender his resignation till--
1409 01:21:53 -I read Mitchell had a fit about that. -Yeah.
1410 01:21:56 Did you read about that, Lenny?
1411 01:21:59 Bill?
1412 01:22:00 He was never even on our witness list.
1413 01:22:03 Who?
1414 01:22:04 ‎-The first witness you put on the stand-- -If this was a political trial…
1415 01:22:09 -Bernadine. -Yeah.
1416 01:22:11 I need my office to find Ramsey Clark.
1417 01:22:14 And William Kunstler just showed up.
1418 01:22:32 Len.
1419 01:22:38 ‎Maybe… I don't know, does he have a Secret Service detail?
1420 01:22:41 Nah, they're here for us.
1421 01:22:50 He was the attorney general. What do we do?
1422 01:22:52 -We just ring the doorbell? -Yeah, I guess so.
1423 01:22:56 ‎-You wanna do it? -Just ring the damn…
1424 01:23:04 Good morning, I'm Bill Kunstler. Mr. Clark is expecting us.
1425 01:23:08 Come in.
1426 01:23:14 Good morning.
1427 01:23:20 He's in his study at the end of the hall.
1428 01:23:22 Can I get anyone coffee?
1429 01:23:24 I tell you what, ma'am. That sounds great.
1430 01:23:26 Nothing for me. Thank you.
1431 01:23:28 At the end of the hall.
1432 01:23:31 Mr. Hayden?
1433 01:23:33 I read in the paper you were the only one who stood for the judge
1434 01:23:36 after what he did to Bobby.
1435 01:23:41 Uh, that was a mistake. It was just a reflex.
1436 01:23:43 Tom?
1437 01:23:55 Hey, Bill.
1438 01:23:58 Ramsey Clark.
1439 01:24:00 Pleased to meet you, sir.
1440 01:24:03 This is Leonard Weinglass.
1441 01:24:05 -Mr. Weinglass. -And Tom Hayden.
1442 01:24:07 Oh, I know who Tom Hayden is.
1443 01:24:09 The FBI used to work for me.
1444 01:24:12 Those two men, they're senior deputies with the Justice Department.
1445 01:24:16 Mr. Kelly and Mr. Ackerman.
1446 01:24:19 -I don't know why these men are here. -I invited them.
1447 01:24:22 You invited them?
1448 01:24:23 I don't want the appearance of impropriety.
1449 01:24:26 There isn't any impropriety.
1450 01:24:27 And now there are witnesses to that.
1451 01:24:30 Sir, these men are gonna call Schultz and Foran
1452 01:24:33 -as soon as we're done. -Don't be ridiculous.
1453 01:24:36 They already called Schultz and Foran.
1454 01:24:38 And they're gonna call John Mitchell as soon as we're done here.
1455 01:24:42 Go ahead, ask what you wanna ask.
1456 01:24:45 -In front of them? -Yeah.
1457 01:24:51 All right.
1458 01:24:53 Mr. Clark, while you were attorney general for President Johnson
1459 01:24:57 was there ever any discussion with the White House
1460 01:24:59 about seeking indictments against my clients?
1461 01:25:01 -He can't answer that. -Why not?
1462 01:25:03 It's against the law.
1463 01:25:04 That's an overly broad interpretation of the law.
1464 01:25:08 -If you'd like-- -I'll tell you what.
1465 01:25:10 We've dealt with jury tampering, wiretapping,
1466 01:25:12 a defendant that was literally gagged,
1467 01:25:14 and a judge who's been handing down rulings from the bench
1468 01:25:17 that would be considered wrong in Honduras.
1469 01:25:19 So I'm a little less interested in the law than I was when this trial began.
1470 01:25:24 Well, whether you like the law or not, as former AG, he is protected by it.
1471 01:25:29 No, you are protected by it.
1472 01:25:32 And with respect, sir, I can subpoena you.
1473 01:25:35 Find a judge in this circuit who will sign that subpoena.
1474 01:25:37 He's right. And taking the stand voluntarily would be a big risk for me.
1475 01:25:42 Well, again, with due respect, sir,
1476 01:25:44 ‎my clients take a much bigger risk when they…
1477 01:25:48 ‎-stand against an enormous power… -What took you so long?
1478 01:25:51 ‎…that they can't even see, and that…
1479 01:25:54 I'm sorry. What took me so long to do what?
1480 01:25:57 To realize I'm your star witness.
1481 01:26:02 ‎-We were remarking upon that ourselves-- -Bill…
1482 01:26:04 He can't testify.
1483 01:26:06 I'm in private practice now.
1484 01:26:08 And if John Mitchell wants to cut me in half,
1485 01:26:11 he can and he will.
1486 01:26:13 ‎You have to find some…
1487 01:26:15 ‎Sir, you have to find some courage now…
1488 01:26:19 -And-- -Find some courage? Yeah.
1489 01:26:22 Yes. You have to find some courage and--
1490 01:26:24 Tom.
1491 01:26:29 That's what those two men came to tell me,
1492 01:26:32 that if John Mitchell wants to cut me in half, he can and he will.
1493 01:26:36 So I wanted them in the room when I said,
1494 01:26:41 "When do you want me in court?"
1495 01:26:45 Mr. Clark?
1496 01:26:47 I'm sorry?
1497 01:26:49 Swear me in, Bill.
1498 01:26:50 It is against the law for you to testify, Ramsey. It is as simple as that.
1499 01:26:55 It's General Clark.
1500 01:26:57 And arrest me or shut the fuck up.
1501 01:27:05 Found some.
1502 01:27:08 Your Honor, the People move to disallow this witness.
1503 01:27:12 I'm sure the defense anticipated that.
1504 01:27:14 Code of federal regulations mandates
1505 01:27:15 the disclosure of Justice Department materials
1506 01:27:18 is prohibited without prior knowledge of the attorney general,
1507 01:27:21 plainly meaning the sitting attorney general,
1508 01:27:24 who is John Mitchell, who has denied his approval.
1509 01:27:27 Judge, the rule refers only to very specific documents and information.
1510 01:27:32 If the regulation were interpreted as Mr. Schultz is asking it to be,
1511 01:27:36 nobody in the federal government
1512 01:27:38 could ever testify in any trial after they left their job.
1513 01:27:43 I think the government is at least justified
1514 01:27:46 in asking the defense to demonstrate, by voir dire,
1515 01:27:50 the testimony it expects to elicit from the witness.
1516 01:27:53 You'd like us to question the witness, this witness,
1517 01:27:57 outside the presence of the jury?
1518 01:28:00 If I find any of the testimony relevant, I'll call the jury back in to hear it.
1519 01:28:05 Take it or leave it, Mr. Kunstler.
1520 01:28:10 Defense calls Ramsey Clark.
1521 01:28:25 State your name.
1522 01:28:27 William Ramsey Clark.
1523 01:28:29 Do you swear the testimony you give
1524 01:28:30 will be the truth, the whole truth and nothing but the truth?
1525 01:28:33 I do.
1526 01:28:37 Mr. Clark, what was your occupation in the summer of 1968?
1527 01:28:42 I was the attorney general of the United States.
1528 01:28:45 -You were appointed by President Johnson? -Yes.
1529 01:28:47 -Confirmed by the United States Senate. -Yes.
1530 01:28:51 Now, did you receive a phone call at your office at 11:50 a.m.,
1531 01:28:56 on September 10th of last year?
1532 01:28:59 Yes.
1533 01:29:00 -And from whom was that call? -President Johnson.
1534 01:29:02 Will you state what President Johnson said to you and what was said to him?
1535 01:29:07 Your Honor, at this point, we will object.
1536 01:29:10 A cabinet officer does not have to, and should not have to relate the contents
1537 01:29:13 of a private call he had with the president.
1538 01:29:17 I'll sustain the objection.
1539 01:29:19 ‎Please, the court… This is voir dire.
1540 01:29:22 I thought objections were reserved.
1541 01:29:25 There's a question of attorney-client privilege to consider.
1542 01:29:28 The president isn't a client of the attorney general.
1543 01:29:34 Excuse me, sir?
1544 01:29:36 The president isn't a client of the attorney general.
1545 01:29:39 I'm happy to answer.
1546 01:29:40 ‎Your Honor…
1547 01:29:44 Hearing from the witness on this point is highly irregular.
1548 01:29:49 ‎Well, gentlemen, um…
1549 01:29:53 This is my courtroom.
1550 01:29:55 ‎But the witness is the former, uh…
1551 01:29:59 He's just stated his willingness, you know,
1552 01:30:03 so, for the purposes of voir dire, I'll hear the answer.
1553 01:30:08 Thank you.
1554 01:30:09 Mr. Clark, uh, did President Johnson ask you a question in that phone call?
1555 01:30:16 The president asked me if I intended to seek any indictments
1556 01:30:20 related to the riots the previous month in Chicago.
1557 01:30:24 And what did you tell him?
1558 01:30:26 I told him we wouldn't be seeking indictments.
1559 01:30:28 And can you tell us why?
1560 01:30:30 An investigation by our criminal division led to the conclusion
1561 01:30:34 that the riots were started by the Chicago Police Department.
1562 01:30:52 And, Mr. Clark, did your counterintelligence division
1563 01:30:56 make a report as well?
1564 01:30:58 They concluded that there was no conspiracy by the defendants
1565 01:31:02 to incite violence during the convention.
1566 01:31:05 And then what happened on the first Tuesday,
1567 01:31:07 after the first Monday, in November of that year?
1568 01:31:09 -Richard Nixon was elected president. -Sustained.
1569 01:31:13 -Nobody objected-- -We do.
1570 01:31:14 It's well-known there's no love lost between the witness
1571 01:31:17 and the sitting attorney general.
1572 01:31:18 This witness was called to wage a political attack
1573 01:31:21 and should not be allowed before the jury.
1574 01:31:23 Mr. Kunstler.
1575 01:31:24 Your Honor, you cannot possibly be considering
1576 01:31:26 not allowing the jury to hear what we've just heard?
1577 01:31:30 The witness can't present them testimony
1578 01:31:32 that would assist in making a determination of guilt or innocence.
1579 01:31:35 He just testified his own Justice Department came to the conclusion--
1580 01:31:38 The current Justice Department,
1581 01:31:40 the one that matters, came to a new conclusion.
1582 01:31:42 Therefore, motivation of the prosecution has to be called into question.
1583 01:31:46 The motivation of the prosecution is not an issue in a courtroom.
1584 01:31:49 In any courtroom I've ever been in, except this one.
1585 01:31:53 Object.
1586 01:31:54 Mr. Kunstler, do you have any further examination
1587 01:31:57 that will demonstrate that this witness will make a material contribution,
1588 01:32:01 or should I just ask him to step down?
1589 01:32:04 You've ruled.
1590 01:32:10 You're not gonna let the jury hear his testimony.
1591 01:32:13 Not unless you can demonstrate to me,
1592 01:32:16 which you have not thus far done, that this witness--
1593 01:32:18 -Are you any good? -Are you addressing the court reporter?
1594 01:32:22 -Keep up with us. -Mr. Kunstler--
1595 01:32:23 Is this prosecution politically motivated?
1596 01:32:25 -Object! -Yes.
1597 01:32:27 President Nixon inherited an unpopular war.
1598 01:32:29 -Yes. -Step down, Mr. Clark.
1599 01:32:30 And your clients make it more unpopular every day.
1600 01:32:32 ‎This administration is paranoid about the SDS, the Mobe, the New Left…
1601 01:32:37 Mr. Clark, please.
1602 01:32:40 Please, sir. I will be forced to find you in contempt.
1603 01:32:45 Do you understand?
1604 01:32:49 I do, Your Honor.
1605 01:32:50 Then step down, please.
1606 01:32:56 Thank you, sir.
1607 01:33:06 Just get to work on the appeal.
1608 01:33:18 Your Honor, when the jury returns,
1609 01:33:22 will they be informed that the defense had called
1610 01:33:26 the former attorney general of the United States of America,
1611 01:33:29 but this court ruled that he couldn't testify?
1612 01:33:34 No, that motion will be denied.
1613 01:33:56 Cite Mr. Kunstler with his third count of contempt.
1614 01:34:05 You're a thug.
1615 01:34:07 Did one of the defendants speak?
1616 01:34:09 I did. I said you're a thug, because you are.
1617 01:34:13 -Dave. -Please sit, Mr. Dellinger.
1618 01:34:15 -If we're guilty, why not give us a trial? -Dave.
1619 01:34:17 Marshals, seat the defendant.
1620 01:34:19 If we're guilty, which you have clearly decided--
1621 01:34:22 -Dave, I've got-- -Watch yourself.
1622 01:34:24 You've clearly decided that we were, why not--
1623 01:34:26 ‎No. You don't… No, you don't need to grab my arm.
1624 01:34:33 If we're guilty, why not give us a trial?
1625 01:34:35 I mean, I have sat here for six months and watched you!
1626 01:34:38 You don't need to grab my arm.
1627 01:34:41 I have watched you. I've watched you--
1628 01:34:43 Sir--
1629 01:34:47 It's okay. He would not hurt a fly.
1630 01:34:49 Take him out of here. Lock him up.
1631 01:34:54 I hit him.
1632 01:34:57 I'm sorry.
1633 01:35:08 I'm sorry.
1634 01:35:42 There's only one thing. There's one thing to do.
1635 01:35:46 Solidarity with Dave.
1636 01:35:49 Tomorrow, we go into court and get ourselves arrested.
1637 01:35:53 We're already arrested.
1638 01:35:55 Is Bill talking to you about taking the stand?
1639 01:35:58 The press guys are saying Bill's been talking to you about it.
1640 01:36:01 He's been talking about it.
1641 01:36:02 He thinks you might get the crowd worked up with a position paper?
1642 01:36:05 Maybe he thinks I won't try to get the crowd worked up at all.
1643 01:36:10 Maybe he thinks there are jurors who relied on the safety of the police
1644 01:36:13 and are put off when someone calls them pigs,
1645 01:36:16 or maybe he wants a witness who dresses like a grown man.
1646 01:36:18 The cops in this city in the summer of 1968 were pigs.
1647 01:36:24 I wonder how many of them had kids in Vietnam.
1648 01:36:28 He's gonna take the stand, not you?
1649 01:36:30 And we're okay with that?
1650 01:36:33 Abbie?
1651 01:36:34 What did you mean, the last thing I want is to end the war?
1652 01:36:38 What?
1653 01:36:39 Centuries ago when the trial started, you said, why did I come to Chicago?
1654 01:36:43 And I said, "To end the war."
1655 01:36:45 And then you turned to everyone and you said,
1656 01:36:48 "The last thing he wants is to end the war."
1657 01:36:53 What did you mean by that?
1658 01:36:55 That you're making the most of your close-up.
1659 01:36:57 ‎Yeah…
1660 01:36:58 -No more war, no Abbie Hoffman. -What's your problem with me?
1661 01:37:01 I wish people would stop asking me that.
1662 01:37:03 -Dave wouldn't want us to-- -Answer it.
1663 01:37:06 One time.
1664 01:37:08 All right. My problem is that for the next 50 years
1665 01:37:12 when people think of progressive politics, they're gonna think of you.
1666 01:37:16 They're gonna think of you and your idiot followers
1667 01:37:18 passing out daisies to soldiers and trying to levitate the Pentagon.
1668 01:37:22 So they're not gonna think of equality or justice,
1669 01:37:25 they're not gonna think of education or poverty or progress.
1670 01:37:29 They're gonna think of a bunch of stoned, lost,
1671 01:37:32 disrespectful, foul-mouthed, lawless losers,
1672 01:37:36 and so we'll lose elections.
1673 01:37:38 All because of me?
1674 01:37:40 Yeah.
1675 01:37:41 Winning elections is the first thing on your wish list?
1676 01:37:44 Equality, justice, education, poverty and progress, they're second?
1677 01:37:49 If you don't win elections, it doesn't matter what's second.
1678 01:37:52 And it is astonishing to me that someone still has to explain that to you.
1679 01:37:57 Okay.
1680 01:37:58 Okay, so, uh, Jerry was talking about standing--
1681 01:38:01 We don't have any money.
1682 01:38:02 I'm sorry, what?
1683 01:38:04 We don't have any money.
1684 01:38:06 So I stage stunts, and cameras come and microphones come,
1685 01:38:09 and it's astonishing that someone still has to explain that to you.
1686 01:38:13 You're trading a cow for magic beans.
1687 01:38:16 That ended up working.
1688 01:38:17 What?
1689 01:38:19 The magic beans. There was a giant up there.
1690 01:38:22 Oh, for fuck's--
1691 01:38:23 I can't remember what happened after that. The little boy may have gotten eaten--
1692 01:38:27 The giant turned out to be nice.
1693 01:38:29 -Are you sure? -No.
1694 01:38:31 It's hard to believe the seven of us weren't able to end a war.
1695 01:38:34 ‎Let me ask you something…
1696 01:38:35 You guys should shake hands.
1697 01:38:36 Think Chicago would've gone differently if Kennedy got the nomination?
1698 01:38:39 ‎Do I…
1699 01:38:41 ‎-Just… -Yeah.
1700 01:38:43 Yes, I do. I think the Irish guys would have sat down with Daley,
1701 01:38:46 ‎and… Yes.
1702 01:38:47 -I think so too. -Yeah?
1703 01:38:49 That's why I was wondering.
1704 01:38:51 Weren't you just a little bit happy when the bullet ripped through his head?
1705 01:38:57 No Chicago, no Tom Hayden.
1706 01:39:02 I was one of the pallbearers, you fucking animal!
1707 01:39:04 That's right, we're not goin' to jail because of what we did,
1708 01:39:08 we're goin' to jail because of who we are!
1709 01:39:10 Think about that the next time you shrug off cultural revolution.
1710 01:39:15 We define winning differently, you and I.
1711 01:39:20 Bill, you should've seen it.
1712 01:39:22 Tom tried to beat me up, but through sheer force of intellectual superiority--
1713 01:39:26 Stop talking. Just stop talking.
1714 01:39:29 Foran's office turned this over tonight.
1715 01:39:33 In discovery.
1716 01:39:35 It was given to them by somebody in the crowd.
1717 01:39:37 No foul play, there are affidavits.
1718 01:39:41 They really did just get this.
1719 01:39:43 What's on the tape?
1720 01:39:44 The sound of you starting the Chicago riot.
1721 01:39:49 Hey. What?
1722 01:39:52 Somebody had a tape recorder by the bandshell. They got you saying it.
1723 01:39:56 It's a clear tape. You can't take the stand.
1724 01:39:59 -I can handle Schultz and the tape. -No.
1725 01:40:00 They'll play the tape anyway, right?
1726 01:40:02 If you take the stand, they'll make you answer for it, and you can't.
1727 01:40:06 -They'd just cracked Rennie's head open. -So you started a riot.
1728 01:40:09 -Defense rests. -They had just cracked--
1729 01:40:11 ‎-If blood is gonna flow… -Bill…
1730 01:40:13 ‎…let it flow all over the city.
1731 01:40:15 -They'd just clubbed Rennie. -Everybody kept their cool.
1732 01:40:18 Abbie, Dave... Shit, this guy kept his cool.
1733 01:40:21 You're the one who lost it.
1734 01:40:23 I can take the stand.
1735 01:40:25 You wanna hear what cross from Schultz will sound like?
1736 01:40:28 Sure. I'll show you what my answers will sound like.
1737 01:40:30 They called him a radical, they called him a criminal!
1738 01:40:35 They called him "Un-American."
1739 01:40:38 First of all, it turned out the guy climbing the flagpole was a kid.
1740 01:40:41 It seems like you guys attract an awful lot of underage minors.
1741 01:40:44 -Do you wanna object? -Objection.
1742 01:40:46 -Overruled. -We attract the people
1743 01:40:48 who have the most to lose by this war continuing.
1744 01:40:51 I'm glad you brought that up. Did you serve?
1745 01:40:53 ‎I wasn't drafted. I didn't try to evade the…
1746 01:40:55 -I had a high number. -High number? But you didn't enlist?
1747 01:40:58 I did not volunteer to kill Vietnamese people, no.
1748 01:41:01 ‎You testified you saw at least six policemen start to go after the man…
1749 01:41:05 Sorry, the kid who was climbing the flagpole?
1750 01:41:08 -Yes. -It was dark.
1751 01:41:09 You were 100 yards away. What do you have, telescopic night-vision?
1752 01:41:13 There were floodlights.
1753 01:41:14 And when they called him anti-American, he said, "No,
1754 01:41:18 that ignominious distinction goes to those who mouth America's values
1755 01:41:24 while breaking America's heart."
1756 01:41:29 I'd like to introduce you now
1757 01:41:31 -to Carl Oglesby of the SDS! -Come on!
1758 01:41:36 Hey, it's all right. He's a kid. We'll get him down.
1759 01:41:41 Isn't it great to be here in Chicago!
1760 01:41:47 Come here. Son of a bitch!
1761 01:41:49 Hey, leave the kid alone!
1762 01:41:52 -Hold him! -Hey!
1763 01:41:53 ‎Jesus! What is wrong with…
1764 01:41:55 Rennie was trying to get the police off of the kid.
1765 01:41:57 "Get the police off of the kid."
1766 01:41:59 -Yes. -How?
1767 01:42:00 -He was-- -Grabbing them?
1768 01:42:01 Get off of him! Hey! Get the--
1769 01:42:04 I'd like to say to the cops back there that we're allowed to be here.
1770 01:42:07 ‎-We have permits for this. -And out of nowhere…
1771 01:42:12 It was six armed police officers versus Rennie and a pocket protector.
1772 01:42:15 -I can understand that response. -How about your response?
1773 01:42:18 Let's press play.
1774 01:42:20 ‎We're gonna need medics…
1775 01:42:21 The whole world is watching.
1776 01:42:23 The whole world is watching!
1777 01:42:27 They've just beaten Rennie, Dave.
1778 01:42:29 Listen. We can still get everyone out of here safely.
1779 01:42:31 No, we can't.
1780 01:42:33 The whole world is watching!
1781 01:42:36 The whole world is watching!
1782 01:42:39 Dellinger tried to stop you from saying what you were about to say.
1783 01:42:42 Tell them to stay calm.
1784 01:42:45 -No. -Tom?
1785 01:42:48 Did you tell 'em to stay calm?
1786 01:42:49 Wait, Rennie Davis has just been beaten by the police.
1787 01:42:55 Rennie's skull has been cracked open.
1788 01:42:58 -Did you tell your crowd to stay calm-- -Bill--
1789 01:43:01 I'm Richard Schultz, Tom. And John Mitchell told me to win.
1790 01:43:04 Did you tell your crowd to stay calm or--
1791 01:43:06 ‎Yes. If blood is gonna flow…
1792 01:43:08 ‎…let it flow all over the city!
1793 01:43:11 -God damn it! Tom! -If gas is gonna be used,
1794 01:43:13 let it come down all over Chicago! We're going to the convention!
1795 01:43:17 Let's get on the streets! Get on the street!
1796 01:43:21 "If blood is gonna flow, let it flow all over the city."
1797 01:43:26 What was that, an order to start a peaceful demonstration?
1798 01:43:34 Once you had a moment to settle down, did you try and stop people?
1799 01:43:47 -Fuck you! -Get off him!
1800 01:43:59 -You didn't try and stop anyone. -No.
1801 01:44:02 The bridges! Head to the bridges! The bridges!
1802 01:44:06 You told them to go to the footbridges.
1803 01:44:08 The ones able to make it out of the park without getting arrested or maimed.
1804 01:44:12 And those people, the ones you sent to the footbridges,
1805 01:44:14 did they know what was on the other side?
1806 01:44:24 You are ordered to turn around immediately.
1807 01:44:26 All access to the convention was blocked.
1808 01:44:29 -By an armored division. -The Illinois National Guard.
1809 01:44:31 They're the good guys.
1810 01:44:32 Jeeps fitted with concertina wire called Daley dozers.
1811 01:44:37 When did I stop being one of the good guys?
1812 01:44:39 Let's find out. Were glass bottles thrown at the police?
1813 01:44:42 We want justice!
1814 01:44:45 ‎No, don't approach! Stay back! Stay…
1815 01:44:49 Some people threw bottles. Dave was trying to shut it down.
1816 01:44:52 We were frustrated. All three footbridges--
1817 01:44:53 So you, Abbie, Jerry and 11 others eluded the police.
1818 01:44:56 I wouldn't say we eluded them. We were fleeing from them.
1819 01:44:59 ‎Found an unguarded bridge…
1820 01:45:05 Now here's where things got weird.
1821 01:45:07 You, Abbie, Jerry and 11 others found the only way to the convention.
1822 01:45:12 In the lobby of the Hilton, right next to the convention center,
1823 01:45:15 is a bar called the Haymarket Tavern.
1824 01:45:17 The Haymarket Tavern is a watering hole
1825 01:45:21 for Chicago's political class and their hookers.
1826 01:45:25 And the place was packed to watch Humphrey getting the nomination a mile away.
1827 01:45:30 From the House of Representatives who represents the great state of Ohio,
1828 01:45:34 representative Wayne Hays to the stage.
1829 01:45:37 Thank you, Mr. Chairman.
1830 01:45:38 The great state of Ohio, the Buckeye State--
1831 01:45:41 The Buckeye State!
1832 01:45:43 One side of the Haymarket Tavern is a picture window with smoked glass.
1833 01:45:47 You can't see inside it from the street.
1834 01:45:50 You made it through the riot police,
1835 01:45:52 tear gas, the National Guard, you're in sight of the convention center.
1836 01:46:02 -Where we got trapped. -What's another word for trapped?
1837 01:46:06 We were trapped between the window and the police.
1838 01:46:08 What's another word for trapped?
1839 01:46:12 Caught, right?
1840 01:46:17 Inside the bar, it's like the '60s never happened.
1841 01:46:19 Outside the bar, the '60s were being performed
1842 01:46:23 for anyone who looked out of the window.
1843 01:46:26 Anyone know what a buckeye is?
1844 01:46:27 -Buckeye? -Yeah.
1845 01:46:29 A buckeye is a nut. A poisonous nut.
1846 01:46:31 Hey.
1847 01:46:33 94 votes for Vice President Humphrey.
1848 01:46:35 Am I the only one who sees what's going on out there?
1849 01:46:38 And we see a cop do something you don't ever wanna see a cop do.
1850 01:46:47 '60s outside the bar, '50s inside the bar.
1851 01:46:53 And then, an unnecessary metaphor.
1852 01:46:57 It's a nut.
1853 01:46:58 -What? -A nut!
1854 01:47:02 Were you resisting arrest?
1855 01:47:04 ‎-They pushed us through the window! -You overrun the riot police…
1856 01:47:07 Which is more than Rennie can say!
1857 01:47:09 Over 400 people admitted to area hospitals with severe injuries!
1858 01:47:13 They had armored vehicles and bayonets! They took off their name tags and badges!
1859 01:47:18 We were trying to protest peacefully at the fucking convention!
1860 01:47:35 Hands behind your back.
1861 01:47:39 Yeah.
1862 01:47:43 Who started the riot, Tom?
1863 01:47:51 ‎Our…
1864 01:47:53 What?
1865 01:47:56 ‎Our…
1866 01:47:58 Our blood.
1867 01:48:02 "Our blood."
1868 01:48:04 ‎"If our blood is gonna flow…"
1869 01:48:08 You meant to say,
1870 01:48:10 "If our blood is gonna flow, then let it flow all over the city."
1871 01:48:14 You didn't mean the cops.
1872 01:48:15 You were saying, "If they're gonna beat us up, everyone should see it."
1873 01:48:24 Jesus Christ!
1874 01:48:25 ‎You do this…
1875 01:48:26 He does this, it's a pattern.
1876 01:48:28 Read his portion of the Port Huron Statement.
1877 01:48:31 He implies possessive pronouns and uses vague noun modifiers.
1878 01:48:38 You read the Port Huron Statement?
1879 01:48:40 I've read everything you've published.
1880 01:48:44 I didn't know that.
1881 01:48:44 You're a talented guy.
1882 01:48:47 -Except for the possessive pronouns. -I know.
1883 01:48:49 And the vague noun modifiers.
1884 01:49:01 Put Abbie on the stand instead.
1885 01:49:06 Would you state your full name for the record, please?
1886 01:49:09 It's Abbie.
1887 01:49:11 Last name.
1888 01:49:12 My grandfather's name was Shaboysnakoff,
1889 01:49:14 but he was a Russian Jew protesting anti-Semitism,
1890 01:49:18 so he was assigned a name that would sound like yours.
1891 01:49:22 What is your date of birth?
1892 01:49:23 Psychologically, 1960.
1893 01:49:26 What were you doing until 1960?
1894 01:49:29 Nothing. I believe it's called an American education.
1895 01:49:33 Why don't we just proceed with the testimony?
1896 01:49:36 Sure.
1897 01:49:38 Abbie, do you know why you're on trial here?
1898 01:49:42 We carried certain ideas across state lines.
1899 01:49:46 Not machine guns or drugs or little girls. Ideas.
1900 01:49:51 When we crossed from New York to New Jersey to Pennsylvania to Ohio to Illinois,
1901 01:49:55 we had certain ideas.
1902 01:49:57 And for that,
1903 01:50:00 we were gassed, beaten, arrested and put on trial.
1904 01:50:03 Okay.
1905 01:50:04 In 1861, Lincoln said in his inaugural address,
1906 01:50:09 "When the people shall grow weary of their constitutional right
1907 01:50:12 to amend their government,
1908 01:50:14 they shall exert their revolutionary right
1909 01:50:16 to dismember and overthrow that government."
1910 01:50:21 And if Lincoln had given that speech in Lincoln Park last summer,
1911 01:50:25 he'd be put on trial with the rest of us.
1912 01:50:27 So how do you overthrow or dismember, as you say, your government peacefully?
1913 01:50:32 In this country, we do it every four years.
1914 01:50:37 That's all.
1915 01:50:48 So Chicago was just a massive voter registration drive.
1916 01:50:55 Yeah.
1917 01:50:56 Did you hear the tape we played of Tom Hayden?
1918 01:50:59 -Yes. -You heard the tape?
1919 01:51:00 Did you hear Mr. Hayden give an instruction to his people
1920 01:51:03 to take to the streets?
1921 01:51:05 "His people"? Hayden's not a Mafia don and neither am I.
1922 01:51:09 Did you hear him say,
1923 01:51:10 "If blood is gonna flow, let it flow all over the city"?
1924 01:51:14 ‎The beginning of that sentence was supposed to be…
1925 01:51:18 Yes. Yes, I did.
1926 01:51:21 What'd you think of that?
1927 01:51:25 I think Tom Hayden is a badass of an American patriot.
1928 01:51:30 I didn't ask what you thought of the man, I asked of his instruction of the crowd.
1929 01:51:35 I've also heard Tom Hayden say, "Let's end the war,"
1930 01:51:38 but nobody stopped shooting.
1931 01:51:40 You can do anything to anything by taking it out of context, Mr. Schultz.
1932 01:51:45 "If blood is gonna flow"? How do you take that out of context?
1933 01:51:49 A guy once said, "I am come to set a man at variance with his father
1934 01:51:55 and the daughter against her mother." You know who said it?
1935 01:51:59 Jerry Rubin.
1936 01:52:00 Yes.
1937 01:52:02 No.
1938 01:52:03 It was Jesus Christ.
1939 01:52:05 Matthew 10:35.
1940 01:52:07 And it sure sounds like he's telling kids to kill their parents.
1941 01:52:11 Until you read Matthew 10:34 and 10:36.
1942 01:52:15 Do you have--
1943 01:52:16 He'd just seen his best friend get hit in the head with a nightstick.
1944 01:52:20 The police, Mr. Schultz, whose people are they?
1945 01:52:24 -Do you have contempt for your government? -Do I--
1946 01:52:27 Yeah, do you have contempt for your government?
1947 01:52:31 I think the institutions of our democracy are wonderful things
1948 01:52:35 that right now are populated by some terrible people.
1949 01:52:38 Please answer the question.
1950 01:52:41 Tell me again?
1951 01:52:48 Do you have contempt for your government?
1952 01:52:51 I'll tell you, it's nothing compared to the contempt my government has for me.
1953 01:52:54 We've heard testimony from 27 witnesses, under oath,
1954 01:52:58 that say you hoped for a confrontation with the police,
1955 01:53:02 that your plans for the convention were designed specifically
1956 01:53:06 to draw the police into a confrontation.
1957 01:53:08 If I'd known it was gonna be the first wish of mine that came true,
1958 01:53:11 I would've aimed higher.
1959 01:53:12 It's a yes or no question. When you came to Chicago,
1960 01:53:15 were you hoping for a confrontation with the police?
1961 01:53:29 I'm concerned you have to think about it.
1962 01:53:32 Give me a moment, would you, friend?
1963 01:53:34 I've never been on trial for my thoughts before.
1964 01:54:23 All rise.
1965 01:54:26 69 CR 180,
1966 01:54:28 United States of America v. David Dellinger et al.
1967 01:54:42 The law requires that before sentencing,
1968 01:54:46 I allow the defendant or defendants to make a statement to the court.
1969 01:54:51 I've advised defense counsel that the court will allow one defendant
1970 01:54:56 to speak for the group, and I've been advised
1971 01:54:59 the group has chosen Mr. Hayden.
1972 01:55:01 -Is that right? -Yes, sir.
1973 01:55:04 Mr. Hayden, in spite of your actions during the convention,
1974 01:55:09 you are the one defendant who has shown, during this trial,
1975 01:55:13 respect for this court and for this country,
1976 01:55:17 and remorse for those actions.
1977 01:55:20 ‎I truly believe… And I mean this.
1978 01:55:24 I truly believe that one day you will be a very productive part of our system.
1979 01:55:31 I'd like you to make your statement brief and without political content of any kind.
1980 01:55:37 If you make your statement brief,
1981 01:55:39 if you make it respectful, if you make it remorseful and to the point,
1982 01:55:45 I will look favorably upon that when administering my sentence.
1983 01:55:51 Do you understand what I've just said?
1984 01:55:55 -Mr. Hayden? -Yes, sir.
1985 01:55:59 -You'll look favorably in sentencing. -Yes.
1986 01:56:03 If I make my statement respectful and remorseful.
1987 01:56:07 Yes.
1988 01:56:11 I'm sorry, Your Honor, what was the third one?
1989 01:56:14 Brief.
1990 01:56:15 Brief.
1991 01:56:19 If I do these things, my government will look favorably on me.
1992 01:56:23 You understand?
1993 01:56:25 Yes, sir.
1994 01:56:27 Please begin.
1995 01:56:30 Okay.
1996 01:56:33 Your Honor, since this trial began,
1997 01:56:38 4,752 US troops have been killed in Vietnam.
1998 01:56:45 ‎And the following… are their names.
1999 01:56:49 "Private First Class Dennis Walter Kipp, 18 years old."
2000 01:56:55 "Private Eric Alan Bosch, 21 years old."
2001 01:56:58 Mr. Kunstler!
2002 01:56:59 "Lance Corporal Robert Earl Ellis, 19 years old."
2003 01:57:03 Mr. Kunstler! He will not read 5,000 names for the record!
2004 01:57:09 "Robert Ford, 21 years old."
2005 01:57:12 There will be order!
2006 01:57:13 "Staff Sergeant David Cruz Chavez, 31 years old."
2007 01:57:17 "Lance Corporal Douglas W. Jackson, 19 years old."
2008 01:57:21 There will be order!
2009 01:57:22 "Private First Class William Melvin Johnson, 20 years old."
2010 01:57:27 There will be order!
2011 01:57:28 ‎-"Lance Corporal Robert Ryan Hammond…" -There will be order!
2012 01:57:31 "19 years old."
2013 01:57:32 "Corporal Philip Lawrence Jewell, 20 years old."
2014 01:57:35 -He will not read 4,500 names! -"Sergeant Brian John Morrow, 19 years."
2015 01:57:40 "Master Sergeant James Warren Finsel, 36 years old."
2016 01:57:45 There will be order!
2017 01:57:47 "Technical Sergeant James William Greenwood, 33 years old."
2018 01:57:52 "Specialist Fourth Class Edward B. Cribb, 21 years old."
2019 01:57:56 "Corporal David Michael King, 20 years old."
2020 01:58:01 ‎-"Specialist Keith Harold Reitz…" -Order!
2021 01:58:04 "21 years old."
2022 01:58:05 Mr. Hayden, put that down!
2023 01:58:07 "Private First Class James Clinton DeFranco, 19 years old."
2024 01:58:13 "Corporal Kenneth Joe Auston, 18 years old."
2025 01:58:18 "First Lieutenant Donald Bryan Mancill, 24 years old."
2026 01:58:24 -What are you doin'? -Respect for the fallen.
2027 01:58:29 Let's show 'em some respect, sir.
2028 01:58:31 "25 years old."
2029 01:58:35 "Private First Class Wayne Karl Woodland, 20 years old."
2030 01:58:39 "Staff Sergeant Thomas Anthony Scibelli, 26 years old."
2031 01:58:44 "Private First Class Richard Henry Durant, 20 years old."
2032 01:58:49 "Lance Corporal Harry Earl Farmer, 25 years old."
2033 01:58:54 "Corporal Daniel Alan Frey, 19 years old."
2034 01:58:58 ‎"Second Lieutenant Franklin Theodore James, 26 years old…"
2035 02:00:14 "24 years old."
2036 02:00:15 Sit down!
2037 02:00:16 "Sergeant Dale Frank Olmstead, 20 years old."
2038 02:00:21 The whole world is watching!