During the 1968 Democratic National Convention in Chicago, there were massive demonstrations against the Vietnam War, which was reaching its peak. When a curfew was finally instated, this led to even further protests, eventually leading to a police riot. Following this, seven of the demonstrators (Abbie Hoffman, Jerry Rubin, Bobby Seale, John Froines, Tom Hayden, Lee Weiner, and David Dellinger) were tried for conspiracy. This is the story of the trial that followed.
* * *
[crowd cheering]
I have today ordered to Vietnam the Airmobile Division and certain other forces which will raise our fighting strength from 75,000 to 125,000 men almost immediately.
This will make it necessary to increase our active fighting forces by raising the monthly draft call from 17,000 to 35,000.
December 30th.
[announcer] All those whose birthday falls on December 30th.
[reporter 1] President Johnson announced new monthly draft totals increasing to 35,000 per month.
[reporter 2] 43,000 per month…
[reporter 3] 51,000…
[reporter 4] 382,386 men between the ages of 18 and 24 have been called to duty.
[Martin Luther King Jr.] Now it should be incandescently clear that no one who has any concern for the integrity and life of America today can ignore the present war.
If America’s soul becomes totally poisoned, part of the autopsy must read, “Vietnam.”
[gunshot]
What we need in the United States is not hatred, but is love and wisdom.
So I ask you tonight to return home, to say a prayer for the family of Martin Luther King.
[gunshot]
[people screaming]
August 24th.
[announcer] All those whose birthday falls…
[reporter] Another 30,000 troops have been deployed to the region.
This, after the US saw its greatest increase in monthly casualties.
[Rennie] What we saw were population centers.
Schoolhouses, pagodas, women and children.
And that’s American napalm.
Women and children were burned alive. Tom?
The Democratic Party is gonna end up nominating Hubert Humphrey next month in Chicago.
Now, when it comes to the war and social justice, there is simply not enough of a difference between Humphrey and Nixon to make a difference.
And so, we’re going to Chicago.
Young people, by busloads, will go to Chicago to show our solidarity and our disgust.
But most importantly…
To get laid by someone you just met.
[crowd laughs]
536,000 of us sent to a country none of these bumper-sticker patriots in Washington could find on a map with a motherfuckin’ map!
[crowd cheers]
We’re goin’ to Chicago.
Anyone who stays in the park, sings Woody Guthrie, they’ll be fine.
[crowd laughs]
But the cops are gonna be a half-inch from losin’ their fuckin’ minds, ’cause Daley’s gonna wind ’em up to make sure of it.
We’re goin’ to Chicago peacefully.
We’re goin’ peacefully.
But if we’re met there with violence, you better believe that we’re gonna meet that violence with…
Nonviolence. Always nonviolence, and that’s without exception.
[boy] What if the police hit you?
[David] Why would the police hit me?
What if they do?
I’ll duck.
David, he watches the news.
I’ve organized 100 protests.
This one will be no different in that it almost certainly won’t work.
The police are–
I’m not worried about them.
I’m worried about Hoffman and Rubin.
It’s the Democratic National Convention, honey.
Every camera in America is gonna be pointed at it, and Daley is not gonna let his city turn into a theater of war.
Hoffman and Rubin are geniuses in their own special way.
Oh, dear God.
He’s got a Boy Scout meeting at 7:00.
Dad, if the police–
If the police try to arrest me,
I’ll do what I always do and what I taught you to do, which is what?
Very calmly and very politely…
Fuck the motherfuckers up!
They leave us alone and everything’s cool.
They tangle, disrupt, intimidate, play fast and loose with the First Amendment, start breaking heads, then we will not be on our way.
You can’t give this speech in Chicago.
Fred wants me there. Plane ticket.
Let Fred give the speech.
Between Hayden and Hoffman, there could be 5,000 people.
Be nice to talk to 5,000 people.
Not while you’re in trouble in Connecticut.
I’m the head of the Black Panthers, Sondra.
When won’t I be in trouble? Travel bag.
You’ll be in a lot more of it if you stand up and say, “Fry the pigs.”
If they attack. Takin’ it out of context.
So will every white person in America.
Cops won’t give a shit about context.
You don’t have protection in Chicago.
There’s no place to be but in it.
But “fry the pigs”?
If they attack–
Dr. King–
Is dead.
He has a dream?
Now he has a fuckin’ bullet in his head.
Martin’s dead, Malcolm’s dead, Medgar’s dead, Bobby’s dead, Jesus is dead.
They tried it peacefully, we gonna try something else.
Sondra, I’ll be there for four hours.
That’s it.
Snack.
You’ll at least take one of these?
If I knew how to use that, I wouldn’t need to be making speeches.
It’s named after the Russian commissar Vyacheslav Mikhailovich Molotov.
You start with a glass bottle.
You fill it up halfway with gasoline and motor oil…
You pack some Styrofoam, and now your cherry bomb.
Some chewing gum around the top…
…and a fuse.
[man] Now!
[reporter] The 35th National Democratic Convention is set to begin next week with repeated assurances from Chicago Mayor, Richard J. Daley.
Will it be a good convention, Mr. Mayor?
The best ever held.
Is that Jerry?
[Rennie] Yeah.
Tell him to tell Abbie we’re going to Chicago to end the war and not to fuck around.
Tom says to tell Abbie that we’re going to Chicago to end the war and not to fuck around.
Hayden says we’re goin’ to Chicago to end the war and not to fuck around.
[Abbie] Tell Hayden I went to Brandeis and I can do both.
We’re going to show that we, as a generation, are serious people.
People say, “Abbie, are you concerned about an overreaction from the cops?”
I issued a police order to shoot to kill any arsonists.
We’re not concerned about it.
[reporter 1] Four units of the Illinois National Guard, totaling 5,000 troops, have been sent to Chicago.
We’re countin’ on it!
We wanna underscore again that we’re coming to Chicago peacefully, but whether we’re given permits or not, we’re coming.
[reporter 2] An additional 10,000 Chicago police officers, including riot squads…
We’re not going to storm the convention with tanks or mace, but we are going to storm the hearts and minds of the American people.
These people are revolutionaries bent on the destruction of the government of the United States of America.
The Democratic Convention is about to begin in a police state.
There just doesn’t seem to be any other way to say it.
[secretary] You’ve arrived at a moment in history.
Pardon?
They’re changing the picture.
[typewriter keys clicking]
[door opens]
Tom.
[Foran] Howard.
Flew in all right?
Sure.
Richard Schultz?
Yes, sir.
Howard Ackerman, Special Advisor to the Attorney General.
Pleased to meet you.
Anyone tell you what this is about?
No, sir. Just to meet Mr. Foran at O’Hare this morning, we’d fly to Washington.
We’d be meeting Mr. Mitchell.
Good.
Finally changing that goddamn picture.
Come on in.
[Mitchell] As a matter of courtesy and tradition, when we elect a new president, the outgoing cabinet members resign to spare the new president the unpleasantness of firing ’em.
Richard, do you know when President Nixon received Ramsey Clark’s formal letter of resignation?
No, sir.
About an hour before my confirmation.
That was to embarrass me.
I don’t know, I think it was more embarrassing for Ramsey Clark.
I’m John Mitchell.
Thomas Foran, Mr. Attorney General, and this is Richard Schultz.
Richard, Chicago is more fucked up than any ten things I’ve ever seen in my life.
[Schultz] Sir?
The convention, the riots.
Yes, sir.
[Mitchell] Sit.
Johnnie Walker okay with everybody?
Yes, thank you.
Richard?
Nothing for me, thank you.
We don’t know how Humphrey’s people could have been that stupid.
Allow their guy to be nominated under armed guard.
Sir?
Son, are you nervous?
No, sir.
Why the fuck not?
[chuckles] I’m kidding. Don’t believe everything you’ve heard about me.
Ramsey Clark gave me the finger on the way out the door. [scoffs]
I’m asking if you think Chicago was why Humphrey lost the election.
No, sir.
The Republicans ran a better candidate.
That’s for damn sure.
Daley didn’t help his party, but Humphrey’s people and Daley didn’t break the law, so that’s somebody else’s table.
As a matter of fact, we don’t believe any federal laws were broken last summer.
Mr. Foran had our office run a thorough investigation.
There was trespassing, destruction of public property, lewd behavior.
Nothing that would rise to the level–
You think you and your boss are in the attorney general’s office because I want you to seek an indictment for violating a federal trespassing law?
Our office wasn’t aware that the Justice Department wanted to seek any indictments at all.
We do.
Ramsey Clark was dead set against–
Ramsey Clark doesn’t run the Justice Department anymore, did you hear about that?
And Mr. Johnson’s back home in Texas.
Of course, sir.
One hour before my confirmation hearing gaveled, that’s when he resigned. What a prick!
That’s unprofessional.
Unprofessional? It was unpatriotic.
I’ll tell you what else.
It was impolite.
There’s such a thing as manners.
I want to bring back manners.
How about that? The America I grew up in.
Will you help me, Mr. Schultz?
‘Cause I asked Mr. Foran who was the best prosecutor in his office.
He said you.
Thank you.
Section 2101 of Title 18.
That’s the federal law that was broken.
That’s the Rap Brown Law.
In conspiracy to cross state lines in order to incite violence.
Comes with a maximum of ten years.
We want all ten.
For whom, sir?
The all-star team.
“Abbie Hoffman, Tom Hayden, Jerry Rubin, David Dellinger, Rennie Davis,
Lee Weiner, John Froines…
and Bobby Seale?”
I call ’em the school boys, and when I do, everyone here knows who I’m talking about.
Petulant and dangerous.
And we watched for a decade while these rebels without a job, who never got their hands dirty fighting the enemy, tell us how to prosecute a war.
The decade’s over, the grown-ups are back, and I deem these shitty little fairies to be a threat to national security.
So they’re gonna spend their thirties in a federal facility.
Real-time.
[Foran] You’re lead prosecutor, Richard.
You understand why I couldn’t tell you until we got here?
Sure. Of course, sir.
Richard, you’re being handed the ball.
Are you ready for this?
You pay me for my opinion.
What?
I said, sir, you pay me for my opinion.
Where’d you learn that?
In class? I pay you to win.
I’m not sure we can get a good indictment on conspiracy.
Why not?
Some of them have never met each other.
Telephones.
Mr. Attorney General, the Rap Brown Law was created by Southern whites in Congress to limit the free speech of Black activists.
Civil rights activists–
I know why it was passed.
Why the fuck is he teaching…
It doesn’t matter why it was passed.
It matters what it can do.
We’re not sure what it can do.
No one’s ever been charged with it.
[Foran] That makes it exciting.
It’s like virgin land.
Undeveloped real estate.
It’s a law and they broke it.
Of course, sir.
Is there a problem?
No, sir.
Say what you want to say, since I’m paying for your wisdom.
Give me my money’s worth.
Sir, there are people who will see this as the Justice Department restraining free speech and there were people who see these men as martyrs.
Are any of those people in this room?
No, sir.
You’re 33 and you’re about to be named lead prosecutor in the most important trial in your lifetime after being handpicked by the attorney general.
I’m about to do that right now.
But before I do, let me ask you, how do you see them?
Personally or in terms of–
[Mitchell] Personally.
I see them as vulgar, anti-establishment, antisocial and unpragmatic, but none of those things are indictable.
Imagine how impressed I’ll be when you get an indictment.
There’s a bigger question.
Which is?
Who started the riots?
Was it the protesters or the police?
The police don’t start riots.
They’ll have witnesses who say they did.
And you’ll dismantle them and win, because, Mr. Schultz, that’s what’s expected of you.
[Foran] You didn’t show a lot of gratitude in there.
[Schultz sighs]
On top of everything, we’re giving them what they want: a stage and an audience.
You think there’s gonna be a big audience?
[crowd chanting]
The whole world is watching!
Yes, sir, I do.
[crowd chanting]
The whole world is watching!
[protestor 1] Traitors!
[protestor 2] Lock up the longhairs!
[protestor 3] Power to the people!
[protestor 4] No more war!
[crowd] The whole world is watching!
Get out! How dare you? Get out!
[man 1] Abbie!
Are you all right?
[man 2] Abbie, over here.
I was, until I saw that.
Most of them are on our side.
[man 2] We love you, Abbie!
See?
[woman] Watch out!
Jesus Christ! How did you do that?
Experience.
[reporter 1] Abbie, right over here!
Over here! Over here!
You don’t know what to do with the egg now?
No.
[elevator bell dings]
[reporter 2] Mr. Kunstler, one question!
[reporter 3] Bill! Bill!
All right. Hang on. Quiet down.
I want you all to meet a new addition to the defense team.
This is Leonard Weinglass, one of this country’s most talented First Amendment litigators.
Bill, can you tell us–
Go ahead, Sy.
What’s the status of Charles Garry?
Charles Garry is still in the hospital.
You should contact his office for information.
[reporter 4] One more.
Marjorie.
You’re representing Bobby Seale today?
Oh, no, it’s very important that it be understood that, uh, for his own protection, his own protection, I will not be acting as Bobby Seale’s attorney today.
One more. Jack.
I was told that Hayden was the one who wanted to bring Mr. Weinglass in, that Hayden has concerns about your seriousness.
Well…
This is William Kunstler.
You wanna find out how serious he is, meet him at a witness stand.
[indistinct chatter]
I understand why they’re tryin’ to smoke Abbie, Jerry and Hayden, even Rennie and Dellinger, but I can’t figure out what the two of us are doin’ here.
I feel exactly the same way, but this is the Academy Awards of protests, and as far as I’m concerned, it’s an honor just to be nominated.
What is that?
I’ve been keeping a list every day.
Americans who’ve been killed since the day we were arrested.
Why?
With the trial starting, it might get easy to forget who this is about.
[Bill] Fellas.
Morning.
Good morning.
I just got a question about my seriousness.
Whatever’s going on between you and Abbie, could you keep it out of this building?
I got a feeling this is gearing up to be…
[door opens]
[door closes]
[footsteps approaching]
[spectators murmuring]
Fred.
Bill.
Did you have breakfast this morning?
What?
Did you have breakfast?
I did.
Well, what’d you have?
What are you doin’?
I’m talkin’ to him about breakfast because that’s all I’m allowed to talk to him about.
That’s right.
Bobby–
We have instructions from our lawyer.
If you need me, I’m sittin’ right there.
You just look at me and you say, “I need you.”
We don’t need you, Bill.
You two gonna be like this?
Your friends shouldn’t sit together.
The jury’s not gonna like that.
This isn’t my jury.
If they don’t like it–
No, he’s right.
Spread out, okay? In pairs.
[Bill] And Fred?
No, they’re dressed just fine.
It’s all right.
And take your very scary hats off.
Don’t mess this up.
All right. Good pep talk.
Hey!
You see the crowd out there?
I have an egg.
Get rid of that.
You don’t think I want to?
It’s like we’re… What’s his name?
We just met him.
Yeah.
What is his name?
Who?
The drummer. The greatest drummer ever.
Gene Krupa?
No. Gene Krupa? I’m talkin’ about the drummer from Cream.
We just met him last night.
Ginger Baker.
Thank you.
Crowd outside is so big, it’s as if we’re Ginger Baker, I was trying to say.
Are you stoned?
Yeah. You?
All right, sit down.
You remember what I said.
Okay, and you remember to keep us out of prison.
[Bill] There’s a lot of good advice this morning.
[bailiff] All rise.
Hear ye, hear ye.
September 26th, 1969, ten o’clock a.m.
All persons having business before the United States District Court of Northern Illinois, Southern District, Eastern Division, draw near and ye shall be heard.
Judge Julius Hoffman presiding.
God save the United States of America and this Honorable Court.
Be seated.
Mr. Marshal, bring in our jury.
Let the record show that we have been joined by our 12 jurors and four alternates.
Good morning, ladies and gentlemen.
Good morning.
Mrs. Winter, please call the case.
69 CR 180, United States of America v. David Dellinger, Rennard C. Davis, Thomas Hayden, Abbott Hoffman, Jerry C. Rubin, Lee Weiner, John R. Froines and Bobby G. Seale for trial.
Are the People ready to make opening arguments?
We are, Your Honor.
I don’t have my lawyer here.
It’s not your turn to speak.
My trial’s begun without my lawyer.
Please sit.
[spectators murmuring]
Mr. Schultz?
Good morning.
My name is Richard Schultz.
I’m an assistant US attorney for the Southern District of Illinois.
Seated at my table is my boss, US Attorney Thomas Foran.
Or you could say, I’m seated at his table.
[jurors chuckle softly]
At the defense table are the eight defendants represented by their lawyers William Kunstler, Leonard Weinglass.
Now, the defendants would tell you that they represent three different groups.
They would tell you that one group is–
[Hoffman] Excuse me.
Yes, sir.
I’d like to clarify something for the jurors.
There are two Hoffmans in this courtroom.
The defendant Abbie Hoffman and myself, Judge Julius Hoffman.
Thank you, sir.
I didn’t want there to be confusion on the matter.
Man, I don’t think they’re gonna mix us up.
[spectators laughing]
You will address this court as Judge or Your Honor, and you will not address this court until…
You will not address this court!
The defendants would tell you they represent three different groups.
[Hoffman] And the record should reflect that defendant Hoffman and I are not related.
Father, no!
[spectators laugh]
[gavel bangs]
Mr. Hoffman, are you familiar with contempt of court?
It’s practically a religion for me, sir.
[spectators laugh]
Your Honor?
Continue.
Rennie Davis and Tom Hayden are the leaders of the SDS, Students for a Democratic Society.
Davis and Hayden brought their people to Chicago for the purpose of causing violence in the streets in order to disrupt the Democratic Convention.
You know the Youth International Party as the Yippies.
Their leaders are Abbie Hoffman and Jerry Rubin.
Bobby Seale is the leader of the Black Panther Party.
Again, the defendants would tell you that these are three distinct groups.
But they all–
[Bobby] Excuse me.
[Hoffman] Yes.
May I speak?
[Hoffman] No, sir.
He just said my name.
You’re a defendant in this case.
You’re likely to hear your name.
I have a right to counsel, and His Honor knows that.
Don’t tell the court what it does and does not know. Be seated.
Mr. Schultz.
The radical left. That’s all.
They’re the radical left in different costumes.
These defendants had a plan, and a plan among two or more people is a conspiracy.
The defendants crossed state lines to execute their plan.
That’s why we’re in federal court, and the plan was to incite a riot, and there’s one thing you already know.
They succeeded.
Excuse me. Have we identified the other defendants for the record?
A Mr… Wiener.
Weiner.
[spectators laugh]
[Hoffman] Mr. Froines and Mr. Dillinger.
Dellinger, Your Honor.
What’s going on here?
Uh, you’re referring to the defendant Dellinger.
Derringer.
Um, it’s Dellinger, sir.
Note the prosecution was referring to the defendant Derringer.
Not Dellinger.
It is Dellinger, Your Honor.
[Hoffman] Can we straighten this out?
Sure. Dillinger was a bank robber.
Derringer is a gun.
He’s David Dellinger, and the judge and I are not related.
Your Honor, I’d like to caution the court that this kind of disruption and display of disrespect will be a continuing tactic for defense.
[Bill] Sir, it’s not a tactic.
At the moment, the defendants are the only ones on record as knowing their own names.
[Hoffman] Be seated, Mr. Schultz…
Uh, Mr. Kunstler.
I object to being characterized as a member of this group.
Who is your lawyer?
[Bobby] Charles R. Garry.
Is Mr. Garry here today?
No, he is not.
Your Honor–
Are you representing Mr. Seale?
No, sir.
[Hoffman] Then, sit.
Mr. Schultz, forgive me.
[indistinct conversation]
Have you concluded your opening statement?
Yes, Your Honor.
My lawyer Charles Garry is in a hospital in Oakland having undergone gallbladder surgery.
[Hoffman] Mr. Kunstler.
You are sitting right next to the man.
Just represent him.
It’s the same case.
The fact that there’s a lawyer near Mr. Seale does not satisfy the requirements of due process.
I have a right–
A motion was made for postponement due to Mr. Garry’s medical condition.
I was there.
Your Honor denied that motion.
Therefore, Mr. Seale is here without legal representation.
I don’t care for your general tone, Mr. Kunstler.
I meant no disrespect to the court.
I’m trying to be clear that I can’t muddy Mr. Seale’s grounds for appeal by appearing to speak as his lawyer.
I don’t ask you to compromise Mr. Seale’s position, sir.
But I will not permit him to address the jury when his perfectly competent lawyer is sitting–
For the fourth time, he’s not Bobby’s lawyer.
You’re, uh… Mr. Rubin.
Yes, sir.
Don’t ever do that again!
[Bobby] Your Honor, I’m not with these guys.
I never met most of them until the indictment.
We will have order.
There are eight of us here.
There are signs out there that read, “Free the Chicago 7.” I’m not with them!
Mr. Marshal, will you seat Mr. Seale?
Conspiracy? I never met most of them.
Frankly, the US attorney wanted a Negro defendant to scare the jury.
I was thrown in to make the group look scarier.
I came to Chicago. I made a speech!
Mr. Seale–
I had a chicken pot pie, went to the airport and I flew back to Oakland, that’s why they call it the Chicago…
[gavel banging]
Get your hands off me!
Charge Mr. Seale with one count of contempt of court.
[door slams]
We have to make a decision right now, a decision I assumed we’d already made four months ago when trial prep began.
Are we using this trial to defend ourselves against very serious charges that could land us in prison for ten years?
Or to say a pointless “fuck you” to the establishment?
Fuck you!
That is what I was afraid…
Were you saying “fuck you” or answering–
I was also confused.
If we leave without saying anything about why we came in the first place, it’ll be heartbreaking.
If the jury finds us guilty, we’re not leaving at all.
The only thing we need to say about why we came here is it wasn’t to incite violence.
I’m with Jerry.
Why?
The trial shouldn’t be about us.
I would love it if it wasn’t about us, but it definitely is. John? Lee?
Does anyone think our judge is crazy?
He isn’t our problem.
Give it time. He will be.
I’m talking about us.
Abbie, you cannot talk back to the judge.
And, Jerry… Jesus!
Did you get a haircut just for court?
I did.
A haircut for the judge. That is…
[laughs] I can’t even. That is…
That is so foreign to me.
So is soap.
Zing.
Let me explain something. It took you two less than five minutes to make us look exactly like what Schultz is trying to make us look like.
I don’t have a problem with what we look like.
Jerry likes what we look like. Uh, John?
Lee?
Yeah.
I feel like I’m ten pounds too heavy.
I don’t like it when we fight.
Rennie?
Tom should be heard.
[Abbie] And he was.
When we walked in here, they were chanting that the whole world is watching.
This is it. We’re on.
This is what revolution looks like.
Real revolution. Cultural revolution.
Why did you come here?
I got an invitation from a grand jury.
Last summer.
Why did you come to the convention?
To end the war.
Guys, before you tether yourselves to this man, just know the very last thing he wants is for the war to end.
I don’t have time for cultural revolution.
It distracts from actual revolution.
All right, all right, all right.
[Abbie] But you got time for a haircut.
Has everybody got everything off their chest?
What in the name of hell was that?
Evidently not.
[Fred] You spoke for Bobby.
I made it very clear that I’m not his lawyer.
I’d like to sit in on these meetings.
[Bill] You can’t.
I think I will anyway.
Fred–
Bobby’s life is at stake.
You’re playing to the crowd.
Thank you.
Shut up.
White guys sitting in a furnished room eating sandwiches while Bobby’s in a cell.
White guys are free on bail.
Bobby’s locked up because he’s under arrest in Connecticut for killing a cop.
It’s not like he refused to give up his seat on a bus.
Convince him to let Bill and me represent him, just for today, at least.
The judge is–
Fucking nuts.
A little hostile.
I’m sure Garry didn’t anticipate that.
He’s innocent in Connecticut.
All right.
He’s never killed anyone.
It’s important that you all know that.
Okay.
All right, you gotta try to convince him.
I can’t.
[Bill] Well, try.
I have!
Well, keep trying, all right?
We’re back.
Let’s go.
Jerry, Abbie, unless you’re asked a direct question,
I want you to keep your mouths shut in that room.
[Abbie] This is a political trial.
What?
This is a political trial that was already decided for us.
Ignoring that reality is just weird to me.
There are civil trials and there are criminal trials.
There’s no such thing as a political trial.
Okay.
Abbie’s smarter than you think he is.
Cows are smarter than I think he is.
S-T-A-H-L.
[Schultz] What is your occupation?
I am the mayor’s administrative officer.
Calling your attention to March 26, 1968.
Did you have a meeting on that day?
Yes.
Uh, with whom?
Mr. Hoffman and Mr. Rubin, is it?
Abbie and Jerry is fine.
What was said at that meeting?
I was told the Youth International Party would be holding a festival of life during the Democratic National Convention.
There would be thousands of young people attending and there’d be rock bands playing in the park.
Music will be performed.
Rock music?
I would think.
They also said there would be public fornication.
Say that again, sir?
Public fornication.
You’re asking for a Parks permit for public–
Yeah.
And rock music.
No, of course not.
What if it was R&B?
Did you issue the permits?
No, I did not.
And what, if anything, did Abbie Hoffman say when you denied their request?
Mr. Stahl, you need to understand something.
There’s gonna be a festival of life in Grant Park held during the convention.
Bands will play rock music.
There will be public fornication.
Likely some of it with the wives and mistresses of delegates.
Psychedelic, long-haired leftists will consort with dope users.
And we’ll insist that the next president of the US stops sending our friends to be slaughtered.
This will happen whether you give us the permit or not.
Hotels will be filled with delegates.
Where will people sleep?
Some will sleep in tents, others will live frivolously.
How many people are coming?
A lot.
What’s a lot? A thousand? Two thousand?
Ten thousand.
Jesus Christ.
Right?
Did Abbie Hoffman add anything at the end of the meeting?
Yes.
[Schultz] What did he say?
He said…
Or you give me 100 grand and I could call the whole thing off.
Thank you.
Mr. Fineglass.
Uh, Weinglass, sir.
Mr. Stahl, the meeting you just described with Mr. Hoffman and Mr. Rubin, was that the only meeting you had with any of the defendants?
No.
On August 2nd, you had a meeting with Tom Hayden and Rennie Davis.
Tom Hayden.
Rennie Davis.
On August 12th, you had a meeting with David Dellinger.
I’ll tell you the same thing
I told the others.
There were two more meetings with Tom and Rennie on the 10th and 12th of August, and one more meeting with David Dellinger on the 26th.
I can’t be sure of the dates.
Well, I can be sure.
They’re recorded in the log at City Hall.
Okay…
And in each of the meetings, a request was made for a permit to demonstrate in Grant Park during the convention.
Mr. Stahl, we intend a peaceful demonstration.
We’re not interested in violence or disturbing the delegates.
And in each of the meetings, the request for permits was denied.
Listen, I’ll tell you the same thing I told Mr. Hoffman and Mr. Rubin and Mr. Dellinger.
No demonstrations within sight of the Hilton.
We have to demonstrate there.
That’s where the convention is.
There will be no demonstrations within sight of the Hilton.
Okay. But the thing is, there will be.
Are you threatening me, Mr. Hayden?
No.
We’re not threatening you.
We’re cautioning you.
Thousands of people are coming to Chicago.
If they’re not given a place to demonstrate, they’ll demonstrate wherever they stand.
So it’s reckless, irresponsible, and foolishly dangerous of the city not to have a contingency plan.
We’re gonna need police security, first aid…
Traffic control.
Water, sanitation.
So, five times, you were asked for a permit.
Five times, you were advised of the dangers of not providing a location to demonstrate–
I don’t take my instructions from the defendants.
No, you don’t.
[Stahl] I don’t.
You take them from Mayor Daley.
You’re appointed by the mayor and you serve at his pleasure?
Yes.
And you’re subject to removal in the same manner by the mayor?
Yes.
Thank you.
Further cross-examination, Mr. Kunstler.
Yes, sir. Mr. Stahl. When Abbie–
Excuse me.
Mr. Seale, would you identify the man sitting behind you?
No, sir.
No?
That’s right.
Why not?
He’s not on trial here.
Mr. Seale, identify the man behind you.
[whispering indistinctly]
His name is Fred Hampton.
[Hoffman] Let the record indicate that Mr. Hampton is head of the Chicago chapter of the Black Panther Party.
Your Honor, Mr. Hampton isn’t at the bar.
Why is the record identifying him at all?
Mr. Hampton is clearly giving Mr. Seale legal advice.
My lawyer is Charles Garry.
Excuse me, sir, but for all you know, Mr. Hampton is giving Mr. Seale the score of the White Sox game.
I will assume that he is not.
Why?
Because that’s what happens when you don’t have a lawyer.
The court assumes that you are being represented by the Black Panther sitting behind you.
[spectators murmuring]
Continue.
Mr. Stahl, when Abbie offered to call the whole thing off for $100,000, did you think that he was serious or did you think he was making a joke?
I had no reason not to think he was serious.
Really? Do you know what extortion is?
Yes.
Do you know it’s a felony?
Yes.
Okay. So, when you called the FBI and told ’em about Mr. Hoffman’s attempt to extort a government employee, what’d they say?
I didn’t call the FBI.
Sorry. When you called the US attorney and reported attempted extortion, what’d their office say?
I didn’t call the US att–
Cooke County DA. Did you call them?
No, sir.
The chief of police?
Mr. Kunstler–
The police officer posted outside the mayor’s office?
How about the mayor?
Mr. Stahl, I’m gonna ask you again.
When Abbie Hoffman asked for $100,000 to call the whole thing off, did you think that he was serious or did you know that he was making a joke?
I had no reason not to believe he was serious.
Then, along with extortion, did you know that perjury is a crime?
Objection.
Sustained, and strike it.
In fact, strike the entirety of Mr. Stahl’s testimony under cross-examination, and the jury is instructed to disregard it.
You’re gonna strike the entire cross-examination?
I gave you and co-counsel Fineglass ample–
Co-counsel’s name is Weinglass.
Mr. Stahl’s testimony under cross-examination is entirely–
You are interrupting the court again, Mr. Kunstler.
Move to reinstate testimony.
[defendants] Overruled.
[spectators murmuring]
Overruled.
Exception.
Noted. Are there any further questions?
Yes. So, Mr. Stahl, in any of these meetings, did any of the defendants say that if you didn’t grant them permits, that they would do violent acts to the city?
Yes, they said the Parks permit should be issued in order to minimize destruction.
Did they indicate from whom this destruction would come?
The destruction did not come from the Chicago Police Department, if that’s what you’re suggesting.
No further questions.
I’d like to cross-examine the witness, Your Honor.
[Hoffman] You may not.
Have you met me?
Sit, Mr. Seale.
Are you guilty of conspiracy?
We believe that we are innocent.
The people who are guilty of conspiracy are the fuckers who put us on trial.
They are responsible for the bloodshed that flowed in the streets of Chicago.
Why won’t Bobby Seale let anyone represent him?
You’ve posed that question in the form of a lie.
[reporters clamor]
[telephone ringing]
[woman] Conspiracy Office. Can you hold on?
[telephones continue ringing]
Conspiracy Office. Can you hold on?
Conspiracy Office. Can you hold on?
Maybe you don’t want to call it the, uh, Conspiracy Office.
They understand irony and appreciate the humor.
I wouldn’t count on it.
Most people are smart, Bill.
If you believe that, you’ll get your heart broken every day of your life.
[telephone rings]
Hang on. Hi, how can I help you?
Messages?
We sure do take contributions.
We’ve got high-priced lawyers.
High-priced lawyers are working for free.
It’s the support staff.
We can’t take grass.
[Abbie] Hey!
Yeah.
Abbie says we’ll take the weed.
[Bill] Messages?
Let me give you our mailing address.
We are in Hyde Park, 28 East Jackson Street, Chicago, Illinois. 60604…
I don’t want you guys holding any more press conferences.
If you’re gonna get between Abbie and a camera, I’d wear pads and a helmet.
We had a good day, Len.
Tell him we had a good day.
Six and eleven.
[Tom] What does that mean?
Jurors six and eleven. They’re with us.
How do you know?
Six made sure I saw a copy of a James Baldwin novel under her arm, and eleven’s been nodding during the Stahl cross.
Falling asleep?
Nodding. Agreeing.
No more press conferences.
[press conference playing on TV]
[Jerry] You posed that question in the form of a lie.
Bobby Seale’s lawyer is Charles Garry.
He’s in the hospital right now.
A motion was made for postponement and it was denied.
[reporter] Would you have taken $100,000 to call it off?
Yeah, sure. I would have taken $100,000.
As for calling it off…
[reporter] How much is it worth to you?
What’s your price?
[Abbie] To call off the revolution?
[reporter] What’s your price?
My life.
[softly] Any idea what’s going on?
It’s been years since I’ve had any idea what was going on.
I’m going to adjourn the court for the day and see counsel in my chambers in 15 minutes.
[bailiff] All rise.
Gentlemen, it’s been brought to my attention that two jurors received threatening notes from a member or members of the Black Panther Party.
Which two jurors?
Juror number six and juror number eleven.
These were slipped into the mail at the homes of their parents.
Bring in juror six.
Six and eleven?
Yes.
Judge, I wonder if we could draw–
Juror number six, how are you?
I’m fine.
[Bill] Before we talk–
Please.
Your parents received this note this morning in their mail.
They called the police, as they should have done.
I’d like you to take the note and read it out loud.
My parents?
[Bill] Your Honor, before she–
Please read the note.
“We’re watching you.”
[Hoffman] And you see who signed it?
[sighs] “The Panthers.”
You understand that to mean the Black Panthers, don’t you?
You understand defendant Bobby Seale is the head of the Black Panthers.
Judge, you can’t–
He’s chairman of the Black Panther Party.
Do you still feel that you can render a fair and impartial verdict?
[sighs]
[Hoffman] Juror number six, your family has been threatened and so have you… by members of an organization that is led by one of the defendants.
Judge, for the love of Christ, she…
I apologize, Your Honor.
I would think so.
Do you still feel you can render a fair and impartial verdict?
No, sir.
You’re dismissed from this jury.
Thank you for your service.
Please bring in juror number eleven.
I’m sorry.
Keep reading James Baldwin.
[Foran] Bill, I thought the Panthers were smarter than that.
They are.
Well–
The Panthers don’t write letters any more than the Mob does.
The moment I find out that it was your office that did, you’ll see the criminal justice system up closer than you ever wanted to.
Who are the alternates?
[Jerry] We’re gonna make this public.
Help yourself.
[Tom] Who are they?
Somebody other than the FBI has to investigate that letter.
Who’d you have in mind?
Jefferson Airplane?
The FBI investigates.
This is bullshit.
Who are the alternates?
Fucking bullshit.
Clean up the language.
Kay Richards. 42-year-old dental hygienist.
[Tom] That doesn’t sound bad.
We think she’s dating a guy named Tom Banachek, who works for Daley.
[overlapping angry chatter]
We were out of peremptory challenges.
How did this happen?
It’s either her or that Korean War vet who kicked his son out of the house for protesting the Vietnam.
You don’t have to be Clarence Darrow…
Did they manipulate the jury pool?
How come there’s nobody who looks like me?
All right, raise your hands if any of you have ever shown up for jury duty.
No? Then shut the fuck up.
Bill…
Yeah?
[Tom] What?
He’s sequestering the jury.
Of course he is.
[trash can clattering]
No such thing as a political trial.
Good to know.
I…
I want an expert in geriatric psychiatry sitting in the gallery for a few days.
I want a medical evaluation of this… this judge.
[newscaster speaking on TV]
The sequester’s probably a reaction to Abbie doing stand-up on weekends.
It’s not stand-up.
You’re in a college auditorium in a spotlight telling jokes.
That’s a little reductive.
Names?
Yeah. From yesterday.
[John] You hungry?
If I hadn’t asked you to help me with Sara Beth, none of this would have happened.
No.
I asked you to help with Sara Beth.
That got us the first riot.
The first riot got us the real riot.
That’s not–
Hang on.
[bugle playing “Taps” on TV]
Anyway, I’m telling stories. I always…
I’ll add the names.
Thank you.
We move to strike the order for sequestration of the jury, which was made by Your Honor, sua sponte motion–
Hold on.
Mr. Rubin, Mr. Hoffman.
[spectators laugh]
What are you wearing?
It’s an homage to you, Your Honor.
Do you have clothes underneath there?
Yes. Hold on.
Yes.
Take off the robes, please.
[all laughing]
[gavel banging]
[Hoffman] Silence!
Bailiff, charge Mr. Rubin and Mr. Hoffman with one count of contempt.
Mr. Kunstler, continue.
We feel that sequestration, for what appears will be a considerable period of time, can only–
It would be a considerably shorter period if the defense made fewer objections.
…can only serve to the defendants’ disadvantage.
The defense will make not one fewer objection than the prosecution or this court gives us reason to.
Bailiff, charge Mr. Kunstler with one count of contempt.
May I continue my argument so it appears in the record?
You may continue.
The jury will be in the custody of the deputy marshals.
The marshals will take care of all the needs and wants of the jury.
We feel that that tends to make the jurors sympathetic.
The jury are gonna be taken care of… [fades out]
[people shouting faintly]
Paul Deluca.
And what is your occupation?
[Deluca] I’m a detective with the police department, City of Chicago.
Calling your attention to August of 1968 during the convention, did you have a specific assignment?
To keep Rennie Davis under surveillance with my partner, Detective Bell.
While you were surveilling Rennie Davis on the evening of Sunday, August 25th, the night before the convention began, did you observe Tom Hayden committing a crime?
Yes, Mr. Hayden was letting the air out of the tire of a police vehicle.
[music playing]
[siren wails]
[officer on loudspeaker] The park closes at 11:00 p.m. by order of the Chicago PD.
You must be out of the park by 11:00 p.m.
Violators will be prosecuted for trespassing.
I repeat, you must be out of the park.
♪ Oh, oh ♪
♪ Say you will
You will be mine… ♪
It’s a strategy of throwin’ banana peels all over Chicago, and the machine will stumble.
When it stumbles, it goes into a policy of overkill and it starts to devour itself.
We gotta convince ’em.
We gotta convince ’em of what?
That we’re crazy enough to do anything.
♪ Oh, my only one ♪
[vocalizing]
♪ I thought I was dreaming ♪
We think it’s important for confrontational tactical knowledge to be understood.
[man] You know it!
[Jerry] Right, confrontational tactics make us safer.
Yeah.
Right.
[Jerry] Why?
Because the pigs become afraid.
You know, and that’s fighting fire with what?
[all] Fire!
You don’t fight fire with fire.
You fight it with water, jackass.
It’s a metaphor.
Abbie and his fuckin’ banana peels?
Also a metaphor.
Between the cops, the state police and the Guard,
Daley’s got 15,000 soldiers whose guns are loaded with bullets that are literal.
I could argue that the bullets are also–
Yeah, so could I, but don’t.
The atmosphere’s getting dangerous and someone’s gonna throw a rock.
I wanna get the word out we’re protesting the war and not the cops.
Damn it!
What?
I think those are my guys.
I think that’s their car.
Yep, that’s them. They’re back.
They were following me all day.
Listen, here’s the thing I haven’t told you about Sara Beth.
She isn’t into this at all.
Isn’t into what?
When I’m with her and her family, I try to…
I de-emphasize the… radical revolutionary part of my–
Got it.
Her parents are letting me stay with them.
If I show up tailed by two undercover police officers–
That’ll be hard to explain.
This isn’t her world.
It’s definitely not her parents’ world.
If I bring my world into their driveway–
You could be in a healthier relationship.
I know, but until then, it’s the one I got.
So that’s their car?
[Rennie] Yep.
[Tom] Where are they?
Looking for me.
All right, go back into the crowd and let ’em find you.
And then leave the park by the east exit.
They’ll need their car to follow you.
What are you gonna do?
It won’t remind anyone of Gandhi, but a little civil disobedience. Go.
You’re not gonna cut the brakes–
I’ll let the air out of a tire. Go.
[sighs] I appreciate it.
I don’t wanna be a phony with Sara–
You’re welcome. You should really go now.
Yep.
Detective Bell and I spotted Rennie Davis walking in the crowd, and we observed him on foot for a few minutes.
Then we returned to the unit.
-Your car?
-Yes.
What did you find?
[air hissing]
-[Deluca] Don’t fuckin’ move.
-[Bell] On your feet.
Those are two contradictory instructions–
All right, hands behind your head.
Spread your legs.
-Was that a contradictory instruction?
-No.
-What happened then?
-Someone from the crowd shouted…
-[woman] They’re hassling Tom Hayden!
-Paulie, you need to see what I’m seeing.
-[Deluca] Hey! Stay back there! All of ya!
-[Bell] Police! Stay back!
-Listen, everybody stay cool.
-Shut up. All right, tell ’em to get back.
-Again, that’s a contradict–
-Tell ’em to get back.
Did he tell the crowd to back down?
Everybody get back.
I’m all right. Stay cool.
He was egging them on.
Did you take Mr. Hayden under arrest
at that moment?
-No, sir.
-Why not?
-Who’s shinin’ that?
-Paulie, it’s a camera. It’s a TV camera.
We wanted to defuse the situation,
so we arranged
to take Mr. Hayden in the next morning.
This is gonna be for me.
Let me try to explain to them.
Tell ’em about Sara Beth’s parents.
-Yeah.
-I was kidding.
Just bail me out
and keep to the schedule. It’s fine.
-Tom Hayden?
-Yeah.
-See you in a bit.
-You’re under arrest.
Got it.
We’ll stand in recess for one hour,
and court will resume at 1:30–
Your Honor, I have a motion
I’d like to bring forward.
You wish to address the court, Mr. Seale?
-Yes. I have a motion–
-I will hear you, Mr. Seale.
Just a moment.
Mr. Seale, do you have a motion?
“I, Bobby G. Seale, have a motion
pro se to defend myself.”
“I’d like to invoke the precedent
of Adams v. US ex rel. McCann,
where the Supreme Court is–“
That’s enough.
Where are you learning these things?
Does your young friend Mr. Hampton
have a background in law?
Your Honor, the other defendants
would like to join in Mr. Seale’s motion.
Are you now speaking
on behalf of Mr. Seale?
No, Your Honor, I’m speaking
on behalf of the other defendants.
You’re right next to him.
Why don’t you represent him?
Because I’m not his lawyer, sir.
And if I understand Mr. Seale,
this last month and a half,
and I believe I have,
he is not represented by counsel.
Overruled.
-I am being denied right now…
-Mr. Seale…
…my constitutional right
for legal representation–
Will you be quiet!
You have lawyers to speak for you.
[shouting] No, he doesn’t!
Cite Mr. Kunstler
with his second count of contempt.
[bailiff] All rise.
[crowd laughing]
[Abbie] So, Hayden’s in a holding cell
on a tire pressure-related charge,
and suddenly, every freak
in Chicago is mobilized.
“They got Hayden!”
“We gotta march down
to the police station,
overcome the cops
and the Illinois National Guard
and free Tom Hayden!”
[crowd laughing]
We couldn’t find our way out of the park.
[crowd laughing]
Now, over the course of ten days,
the government called 37 witnesses,
each and every one of them
an employee of the government.
I call this portion of the trial
“with friends like these.”
Rennie, this is Sam. He can be trusted.
Detective Sam McGiven,
Chicago Police Department.
-Abbie, this is Stan.
-Oh, hey.
-Stan Wojohowski.
-How you doin’, Stan?
-What is your occupation?
-I’m a Chicago police officer.
Scotty Scibelli, Tom.
I’m your guy for ass, weed
or whatever you need.
Staff Sergeant Scott Scibelli,
Illinois State Police.
-[billiard balls clacking]
-[jazz music playing]
It’s from the woman in the glasses.
-Really?
-Yeah.
Hey, uh, did you mean this for me?
-I did.
-Nobody’s ever sent me a drink before.
-How do you like it so far?
-It’s a Tom Collins.
I know it’s a country club drink,
but they’re delicious.
A man in England named Tom Collins
claimed in 1894 to have invented it,
but then another man,
whose name I’ve forgotten, said no,
he’d invented it two years earlier,
and I think there was a lawsuit.
That’s a surprising amount of controversy
for gin and lemonade.
-I’m Jerry.
-I know.
Jerry, do you know why the French
only eat one egg for breakfast?
-No.
-Because in France,
one egg… is un oeuf.
It’s un oeuf.
-[chuckles] Wow!
-I know!
I feel so much better
about my Tom Collins story.
[chuckles]
I’m Daphne O’Connor.
Special Agent Daphne O’Connor,
FBI Counterintelligence.
[Schultz] Spell your name.
Think it’s possible there were
seven demonstrators in Chicago last summer
leading 10,000 undercover cops in protest?
What was your assignment in Chicago?
To use Jerry Rubin
to infiltrate the leaders of the protest.
And you were with Jerry Rubin,
Abbie Hoffman, Dave Dellinger
and Rennie Davis
on the afternoon of the 27th?
Yes.
-What were they doing together?
-They were leading a group of protesters.
-How many, would you say?
-About 800.
Where were they leading these 800 people?
-To police headquarters at 11th and State.
-Why?
Tom Hayden was being held there on charges
of tampering with a police vehicle.
Jerry Rubin said
it was time to “confront the pigs.”
And by “pigs,” he meant…
It was time to confront the police.
[indistinct radio chatter]
[man] Follow Abbie!
[David] Marshals, we’re on the move.
I remember also at the front of the group
was Mr. Allen Ginsberg.
Allen Ginsberg, the poet?
Yes, he was chanting a kind of war chant.
-[Ginsberg chanting] Om.
-[Jerry] What’s he doing?
He’s channeling the energy.
Settling things down.
And how’s that workin’ so far?
-[woman] Our streets!
-[all] Our streets!
-[woman] Our streets!
-[all] Our streets!
The guy testified that Ginsberg
was letting out a war chant,
some kinda fucking jungle signal
to Beat poets,
that they should begin
pelting the troops with blank verse.
[crowd laughs]
So, a guy in the crowd is marching
with a girl on his shoulders.
She’s waving an American flag,
and this seems to really
be bothering some frat brothers
who’d come to town
in the spirit of fraternity.
-[frat boy 1] Put down the flag!
-[frat boy 2] Hey, put the flag down!
Can you hear us?
Are you fucking deaf, you bitch?
-Put the flag down!
-Go to the kitchen and make me a sandwich!
I’m gonna go back there
and take care of that.
They are not the enemy.
In so many fuckin’ ways, they are.
[all chanting] Free Tom Hayden!
Free Tom Hayden!
The group turned left on 11th Street.
We make a left on 11th Street.
That’s when they saw it.
[all chanting] Free Tom Hayden!
[all chanting] Free Tom Hayden!
[all chanting] Free Tom Hayden!
Holy shit! [chuckles]
[protesters continue chanting]
[protesters continue chanting]
Are they about to conquer Spain?
[chanting continues]
[protesters] Free Tom Hayden!
Fuck it.
-What do you mean, “Fuck it”?
-This is it. It’s time.
-We’re not rushing the police.
-Why the fuck not?
-We’ll be critically injured.
-Tom doesn’t want anyone hurt.
Turn this crowd around.
There’s too much momentum.
-Turn ’em around and calm them down.
-What are we doin’?
He’s right. This is not safe.
I know something about this. Come on.
Marshals, turn ’em around
and slow ’em down.
Looks like the Alamo back here.
Turn ’em around.
-Bring ’em safely to the park.
-We should be marching up to them.
I don’t think they’ll surrender, man.
Keep ’em movin’. Dave and I
are gonna stay and make Tom’s bail.
Back to the park!
I don’t carry money, do you?
I do. I’m a grown man.
[Ginsberg chanting] Om.
You’re killin’ me, Allen.
You’re goddamn killing me!
The marshals are spreading word
that we gotta keep moving.
“Go left on Roosevelt
and back in the park,” right?
When they got to the park,
three divisions of police officers
had moved in from the south.
[police siren wails]
[indistinct shouting]
I don’t know
what tactical genius came up with that,
but you know when shit happens?
When you don’t give protesters
a place to go.
How would you characterize
the mood of the crowd?
The witness is in no position to
characterize the mood of 1,000 strangers.
Do you have an objection?
-Yes, sir.
-On what grounds?
On those grounds.
[spectators] Overruled.
I will clear this courtroom.
Mr. Wojohowski?
The crowd was looking for a fight.
You’re pigs! Your children are pigs!
No, we should leave
their children out of it.
You’re right. I know.
“White honky MFers, get out of our park.”
And then he said, “Look at ’em.”
They don’t look so tough.
Well, the guns…
There are no permits
for this demonstration.
You’re ordered
to leave the park, immediately!
Put down your guns, motherfuckers!
Fight like fuckin’ men!
Just so you know,
I do not have your back on that.
And the guys from Kappa Gamma Douchebag,
who were hassling the girl?
-[crowd chuckles]
-They’re back.
Put down the goddamn flag, you cunt!
-Go make me a sandwich!
-Put it down!
-Put the flag down!
-[Daphne] Calm down!
-[overlapping shouts]
-Help me calm ’em down, Jerry!
Baby, defuse the situation.
They will listen to you.
-Huh.
-What?
Nothing, that sounded nice
when you said it.
-Right now!
-Yeah.
-Someone from the crowd shouts…
-A guy in the crowd shouts…
Someone in the crowd shouted…
Take the hill!
Hey! Stop running! Hey, everybody!
The street name
for chloroacetophenone is tear gas.
Fire!
[Abbie] And it’s a fuckin’ blowtorch.
Your lungs, your skin, your eyes…
-[man] Go, go!
-Riot clubs?
They’re made out of the same wood
they use for baseball bats.
[overlapping clamor]
[woman screams] Let me go!
[coughing]
-Put the flag down!
-[screaming]
-Hey!
-[frat boy] You shut your fuckin’ mouth!
-What are you doing?
-[woman screaming]
[frat boy] You got this coming!
What the fuck is wrong with you?
Hey! Hey, get the fuck off of her!
What’s the matter with you?
Fuck you, hippie faggot!
[grunting]
You’re all right.
-You’re okay. Here.
-[coughing]
You gotta just hold this
over your face, okay?
I’m gonna take you
to the first-aid station.
You’re all right. I got you.
We have to go. Okay,
I’m gonna get you out of here.
-[gun cocks]
-I’m gonna…
[officer] Don’t move, Jerry.
-Man, get those guys. They were–
-You’re under arrest.
[man over PA] Everybody gather
in the center of the park…
After bailing out Tom Hayden,
Abbie, Dave and Tom returned to the park.
Is that correct?
[ambulance siren wailing]
[man] Sir, can you look at me? Sir?
[grunts]
[officer] Get in.
I’ll be honest.
I was starting to worry about
getting everyone out of Chicago alive.
-That’s not really up to us.
-Yeah, it is.
What are you lookin’ at me for?
I went to bail you out.
800 people followed you?
Oh, that. Yeah, people follow me.
Hell if I know why.
I’m racking my brain as well.
How’d you make bail so fast?
I wasn’t arrested, I was detained.
They couldn’t figure out
what to charge me with.
Assault.
I was assaulting someone
who was assaulting someone.
-So–
-[Daphne] Okay, guys.
Nothing is more dangerous
than a crowd of people moving.
It’s like trying to redirect
the Mississippi River.
-Isn’t she great?
-Get your people to cool off.
-We’re responsible for these people.
-Tommy.
We have to protest
in front of the convention.
Plain and simple.
‘Cause that’s where the cameras are.
We have to get to the convention.
That means we have to leave the park.
And that’s when people’ll get hurt.
As long as every person following me
knows that, then I sleep fine at night.
Tell me how you do it.
-A lot of it is drugs.
-Yeah?
This is what happened
when we try to go up a hill.
We’re not getting
anywhere near the convention.
Special Agent O’Connor,
you testified that Jerry Rubin said,
“Fuck ’em all. They’re all pigs.
We should form an army and get guns.”
Yes.
And when he said that,
did anyone form an army and get guns?
No.
[Bill] Did Jerry Rubin instruct
the crowd to run into the park?
-No.
-Did Rennie Davis?
-No.
-Was Abbie Hoffman even there?
-No.
-Was Dave Dellinger?
-No.
-John Froines there?
-No.
-Lee Weiner?
No, he wasn’t there.
You testified that Jerry and Rennie…
Can you say it for me again?
That they were trying
to turn the people around
and send them back down the hill
just like you told them to.
Is that correct?
Mr. Kunstler,
the demonstrators attacked the police
and the police responded.
And are any of those demonstrators
that you saw attacking the police
sitting here at the defense table?
-No, sir.
-Well, thank you.
No further questions.
-The court will stand–
-I wasn’t there, either.
-Mr. Seale–
-I wasn’t there at all.
I should be allowed
to cross-examine this witness!
-We will stand in recess until–
-Four hours!
[Hoffman] Mr. Hampton!
That’s how long Bobby Seale
was in Chicago.
-[Hoffman] Quiet!
-Four hours!
-[spectators clapping]
-[gavel banging]
[gavel banging continues]
[bailiff] All rise.
[Hoffman] The court will stand in recess
for the weekend.
[brass quartet playing Christmas carols]
[Jerry] Yeah, I took in the exhibit.
I cleared my mind.
Stood there for 20 minutes.
I felt nothing.
Well, but it wasn’t a painting,
it was an exhibit.
It was a natural history museum.
And when you put exhibits
of Native Indian families
in a natural history museum
alongside dioramas of early man
and the Jurassic age,
it gives the impression that the Cherokee
evolved into modern-day Europeans.
[Abbie] Look who it is.
I got a bone to pick with that guy.
Hey, Counselor.
-No colleges this weekend?
-[Abbie] Winter break.
-My audience went home to their parents.
-[Schultz] Mm-hmm.
Are these ladies related to you?
These are my daughters.
This is Emily and Julie.
[Abbie] Your dad’s a good guy.
That’s coming from someone
who he’s trying hard to put in prison.
We shouldn’t be talking
without your lawyer.
We’re all on the same team.
In a sense, I guess,
but in a much truer sense, we’re not.
Girls, here, take this dollar
and go over to those musicians
and put it in their hat, okay?
And here’s a quarter.
Go buy some of those candy-coated peanuts
that your mom won’t let you have.
All right? Shh.
-[Abbie] Sweet kids.
-Thank you.
If your lawyer were here, I’d tell you
the window’s closing for you to plead out.
We’re not taking a fuckin’ deal.
Would you stop?
I wish I could share Abbie’s sentiment
that you’re a good guy,
but I’m afraid I can’t.
I’m sorry to hear that.
Sending Daphne O’Connor
to break my heart was way out of line.
Well, I don’t work for the FBI,
but O’Connor was one of many agents
sent to gather intelligence
on what had been deemed a credible threat.
Fine. Then you bug our phones,
you wire up a dope dealer. Be a man.
-You don’t send a woman to ensorcell me.
-What?
-It means to enchant.
-Oh.
-Only to have her crush my soul.
-How long did you two know each other?
Ninety-three hours.
Could’ve been a lifetime.
For a fruit fly. Enjoy your weekend.
[Jerry] Is that even ethical?
Aren’t there ethics rules?
Did she engage with you sexually?
Well, we were takin’ it slow.
He’s gonna be all right.
One egg is un oeuf?
-They teach her that at the Academy?
-Yep.
We don’t have any beef with you.
We know you’re doing your job
and you don’t think we’re criminals.
I’m not sure where you get that info,
but I represent the People
without passion or prejudice.
You think we were responsible?
You got the result you were looking for.
-So did Nixon.
-How ’bout that?
See you Monday.
Does she ever mention me?
[telephone ringing]
Conspiracy Office.
I need a second.
Something’s happened, Tom.
[door buzzes and unlocks]
[door slams]
[Bill] Bobby, uh…
Fred Hampton
was shot and killed last night.
There was a police raid,
and there was a shootout.
And he’s dead.
-It took place between the hours of 4:00–
-I know.
-You were told?
-Yeah.
Um…
I’m so sorry.
The seven of you,
you’ve all got the same father, right?
I’m talkin’ to you.
You all got the same father, right?
“Cut your hair…
don’t be a fag, respect authority,
respect America, respect me.”
Your life, it’s a “fuck you”
to your father, right?
A little?
-[softly] Maybe.
-[Bobby] Maybe.
And you can see how that’s different
from a rope on a tree?
Yeah.
Yeah.
He was shot in the shoulder first.
You can’t aim a gun
if you’ve been shot in the shoulder.
You can’t squeeze the trigger.
Second shot was in his head.
Fred was executed.
Anything else?
No.
[door buzzes and opens]
[door slams]
[Schultz distorted] Calling your attention
to the evening of the next day,
Tuesday, August 27th,
were you in Grant Park?
[detective distorted] Yes. There was
a “Free Huey Newton” rally going on.
-[Schultz] Recognize any of the speakers?
-I heard Jerry Rubin give a speech.
Phil Ochs sang,
and then Bobby Seale gave a speech.
I object to this testimony against me
because I have been denied counsel.
We understand.
Do you recall any of Mr. Seale’s speech?
[detective] Yes. He said–
-I object to this man’s–
-Quiet!
[Schultz] Go ahead.
-[detective] May I refer to notes?
-[Schultz] Yes.
[clears throat] He said, “We must
understand that as we go forth
to try to move
the reprobate politicians…”
Your Honor–
“…our cowardly Congress,
the jive, double-lip talking Nixon–“
“Jive, double-lip, talking Nixon…”
You’re making me sound like
one funky cat. Thank you, sir.
Last warning, Mr. Seale.
Did he say anything else?
He said, “The revolution at this time
is directly connected
to organized guns in force.”
No more questions.
Jive, double-lip talking.
Funky, funky cat.
Would the defense like
to cross-examine the witness?
Yes. I’m sittin’ here saying that I would
like to cross-examine a witness.
-Only lawyers can address a witness.
-My lawyer is Charles Garry.
-I’m tired of hearing that.
-Couldn’t care less what you’re tired of.
What did you say?
I said it would be impossible for me
to care any less what you are tired of.
And I demand to cross-examine the witness.
[Hoffman] Sit in your chair and be quiet.
And don’t ever address this court
in that manner again.
Are there any further questions?
We’ll stand in recess for one hour,
and court will resume again–
-It was premeditated murder!
-[man] Yes, it was!
-Fred Hampton was assassinated last night!
-[Hoffman] Marshals, put Mr. Seale–
He wouldn’t have been able to hold a gun!
When they publish the coroner’s report,
ask about the bullet in his shoulder!
I strongly caution you, Mr. Seale.
I strongly caution–
-Oh, strongly fuck yourself!
-[spectators gasp]
Marshals, take that defendant into a room
and deal with him
as he should be dealt with.
[spectators murmuring]
[muffled grunts, gasps]
[door opens]
[spectators gasping]
[gavel banging]
Let the record show
that I tried, fairly and impartially.
I tried to get the defendant
to sit on his own.
I ask you again, Mr. Seale,
and you may indicate
by raising your head up and down,
or moving it from side to side,
if I have your assurance that you will
not do anything to disrupt this trial,
if I allow you to resume proper order.
Do I have your assurance?
Mr. Schultz, call your next witness.
Mr. Schultz?
Your Honor, may we approach?
[Bill] Can he breathe?
Can you breathe all right, Bobby?
Your Honor, our defendant is gagged
and bound in an American courtroom.
He brought it on himself.
Are you insane?
Mr. Kunstler.
Love of God.
What do you want, Mr. Schultz?
This is your sidebar.
The government would like to make a motion
that Bobby Seale be separated–
-Wait, wait, wait–
-Sir, please.
A motion that Bobby Seale be separated
from the rest of the defendants
and his case be declared a mistrial.
You want me to give him his mistrial?
Of course, because you took that Black guy
and you made him a sympathetic character.
Mr. Kunstler, I have lived
a very long time, sir.
And you’re the first person ever
to suggest that I have discriminated
against a Black man.
Then let the record show
that I am the second.
Step back.
I’m issuing an order declaring a mistrial
as to the defendant Bobby G. Seale.
-[gavel bangs]
-[all cheering and clapping]
[gavel banging]
Mr. Seale, you are currently charged
with 16 counts of contempt
for your repeated displays of disrespect,
and you have a pending homicide charge
in Connecticut.
You are not home free, sir,
and I doubt you ever will be.
-We are adjourned until 10:00, Monday.
-[gavel bangs]
[bailiff] All rise.
[door opens]
[door closes]
[telephone rings]
Conspiracy Office, how can I help you?
No, sir. I am a white woman.
Yeah, I’ve slept with several
in my life so far, and on balance,
I’d have to say it is better.
I think that’s a big part
of what’s got you worked up.
Hang up the phone.
It’s not so much that it’s bigger.
It’s just better.
Hang up the phone.
Was that a parting gift for Bobby?
No. That was just for me.
Why the fuck did you stand up?
It was a reflex.
He was respecting the institution.
I don’t know what good it does to insult
the judge in view of the jury, the press,
and Foran and Schultz, who’ll recommend
sentencing if we’re convicted.
It’s a revolution, Tom.
We may have to hurt somebody’s feelings.
So, um…
we have this list.
Maybe Monday morning,
we could read the names into the record
as a way of saying–
Saying what?
That whatever we’re facing, you know,
it’s peanuts compared to what–
He’s gonna sentence us.
The judge decides what we’re facing.
-It is a goddamn trial.
-Political trial.
No, we were arrested… The law
doesn’t recognize political trials.
No, we weren’t arrested.
We were chosen.
Lee, John, have you guys asked yourselves
what you’re doing here?
Every day.
[Abbie] You’re a give-back.
They give the jury
a couple of guys they can acquit
so they feel better
about finding the rest of us guilty.
Lenny, am I wrong?
No.
Wait, so our role in history is that
we made it easier to convict our friends?
They’re gonna find us guilty
if they just don’t like you.
That’s why Bill won’t put us on the stand.
I can take the stand.
I’m easier for them to like.
I’m literally a Boy Scout troop leader.
[laughing]
You’re a conscientious objector.
A lot of people
are conscientious objectors.
During World War II?
You sat out World War II.
Even I wanna punch you.
-We can talk about that.
-[Bill] I’m looking forward to it.
[Jerry] I could take the stand.
Mr. Rubin, you ever taught a classroom
how to make a bomb?
Man, eighth graders are taught
how Oppenheimer made a bomb.
Not one you can build
with materials from Woolworth’s.
You know what’d be ironic?
-What?
-[Rennie] I said, know what–
He heard you.
He’s asking what would be ironic.
I was gonna say if John Mitchell did
all this just to get back at Ramsey Clark.
-[Tom] For what?
-[Rennie] That thing, remember?
Outgoing cabinet members
are supposed to resign,
but Ramsey Clark didn’t tender
his resignation till–
[Jerry] I read Mitchell
had a fit about that.
-[Rennie] Yeah.
-[Jerry] Did you read about that, Lenny?
Bill?
He was never even on our witness list.
Who?
-The first witness you put on the stand–
-If this was a political trial…
-Bernadine.
-Yeah.
I need my office to find Ramsey Clark.
And William Kunstler just showed up.
[Bill] Len.
Maybe… I don’t know,
does he have a Secret Service detail?
Nah, they’re here for us.
He was the attorney general.
What do we do?
-We just ring the doorbell?
-[Leonard] Yeah, I guess so.
-You wanna do it?
-Just ring the damn…
[doorbell rings]
[door opens]
Good morning, I’m Bill Kunstler.
Mr. Clark is expecting us.
[woman] Come in.
[Tom] Good morning.
He’s in his study at the end of the hall.
Can I get anyone coffee?
I tell you what, ma’am.
That sounds great.
Nothing for me. Thank you.
[woman] At the end of the hall.
Mr. Hayden?
I read in the paper you were
the only one who stood for the judge
after what he did to Bobby.
Uh, that was a mistake.
It was just a reflex.
[Bill] Tom?
[Clark] Hey, Bill.
Ramsey Clark.
Pleased to meet you, sir.
This is Leonard Weinglass.
-Mr. Weinglass.
-[Bill] And Tom Hayden.
Oh, I know who Tom Hayden is.
The FBI used to work for me.
Those two men, they’re senior deputies
with the Justice Department.
Mr. Kelly and Mr. Ackerman.
-I don’t know why these men are here.
-I invited them.
You invited them?
I don’t want
the appearance of impropriety.
There isn’t any impropriety.
And now there are witnesses to that.
Sir, these men are gonna call
Schultz and Foran as soon as we’re done.
Don’t be ridiculous.
They already called Schultz and Foran.
And they’re gonna call John Mitchell
as soon as we’re done here.
Go ahead, ask what you wanna ask.
-In front of them?
-Yeah.
All right.
Mr. Clark, while you were
attorney general for President Johnson
was there ever any discussion
with the White House
about seeking indictments
against my clients?
-He can’t answer that.
-Why not?
It’s against the law.
That’s an overly broad
interpretation of the law.
-If you’d like–
-[Bill] I’ll tell you what.
We’ve dealt with
jury tampering, wiretapping,
a defendant that was literally gagged,
and a judge who’s been
handing down rulings from the bench
that would be
considered wrong in Honduras.
So I’m a little less interested in the law
than I was when this trial began.
Well, whether you like the law or not,
as former AG, he is protected by it.
No, you are protected by it.
And with respect, sir, I can subpoena you.
Find a judge in this circuit
who will sign that subpoena.
He’s right. And taking the stand
voluntarily would be a big risk for me.
Well, again, with due respect, sir,
my clients take
a much bigger risk when they…
-stand against an enormous power…
-[Clark] What took you so long?
…that they can’t even see, and that…
I’m sorry.
What took me so long to do what?
To realize I’m your star witness.
-We were remarking upon that ourselves–
-Bill…
He can’t testify.
I’m in private practice now.
And if John Mitchell
wants to cut me in half,
he can and he will.
You have to find some…
Sir, you have to find some courage now…
-And–
-Find some courage? Yeah.
Yes. You have to find some courage and–
Tom.
That’s what those two men came to tell me,
that if John Mitchell wants to
cut me in half, he can and he will.
So I wanted them in the room when I said,
“When do you want me in court?”
Mr. Clark?
I’m sorry?
Swear me in, Bill.
It is against the law for you to testify,
Ramsey. It is as simple as that.
It’s General Clark.
And arrest me or shut the fuck up.
Found some.
Your Honor, the People move
to disallow this witness.
I’m sure the defense anticipated that.
[Schultz] Code of
federal regulations mandates
the disclosure
of Justice Department materials
is prohibited without prior knowledge
of the attorney general,
plainly meaning
the sitting attorney general,
who is John Mitchell,
who has denied his approval.
Judge, the rule refers only to
very specific documents and information.
If the regulation were interpreted
as Mr. Schultz is asking it to be,
nobody in the federal government
could ever testify in any trial
after they left their job.
I think the government
is at least justified
in asking the defense
to demonstrate, by voir dire,
the testimony it expects
to elicit from the witness.
You’d like us to question the witness,
this witness,
outside the presence of the jury?
If I find any of the testimony relevant,
I’ll call the jury back in to hear it.
Take it or leave it, Mr. Kunstler.
Defense calls Ramsey Clark.
State your name.
-[Clark] William Ramsey Clark.
-Do you swear the testimony you give
will be the truth, the whole truth
and nothing but the truth?
[Clark] I do.
Mr. Clark, what was your occupation
in the summer of 1968?
I was the attorney general
of the United States.
-You were appointed by President Johnson?
-Yes.
-Confirmed by the United States Senate.
-Yes.
Now, did you receive a phone call
at your office at 11:50 a.m.,
on September 10th of last year?
Yes.
-And from whom was that call?
-President Johnson.
Will you state what President Johnson
said to you and what was said to him?
Your Honor, at this point, we will object.
A cabinet officer does not have to,
and should not have to relate the contents
of a private call he had
with the president.
I’ll sustain the objection.
Please, the court… This is voir dire.
I thought objections were reserved.
There’s a question of
attorney-client privilege to consider.
[Clark] The president isn’t a client
of the attorney general.
Excuse me, sir?
The president isn’t a client
of the attorney general.
I’m happy to answer.
[Schultz] Your Honor…
Hearing from the witness
on this point is highly irregular.
Well, gentlemen, um…
This is my courtroom.
But the witness is the former, uh…
He’s just stated
his willingness, you know,
so, for the purposes of voir dire,
I’ll hear the answer.
Thank you.
Mr. Clark, uh, did President Johnson
ask you a question in that phone call?
The president asked me
if I intended to seek any indictments
related to the riots
the previous month in Chicago.
And what did you tell him?
I told him we wouldn’t be
seeking indictments.
And can you tell us why?
An investigation by our criminal division
led to the conclusion
that the riots were started
by the Chicago Police Department.
[all cheering and clapping]
[gavel banging]
And, Mr. Clark,
did your counterintelligence division
make a report as well?
They concluded that there was
no conspiracy by the defendants
to incite violence during the convention.
And then what happened
on the first Tuesday,
after the first Monday,
in November of that year?
-Richard Nixon was elected president.
-Sustained.
-Nobody objected–
-[Schultz] We do.
It’s well-known there’s no love lost
between the witness
and the sitting attorney general.
This witness was called to wage
a political attack
and should not be allowed before the jury.
Mr. Kunstler.
Your Honor, you cannot
possibly be considering
not allowing the jury to hear
what we’ve just heard?
The witness can’t present them testimony
that would assist in making
a determination of guilt or innocence.
He just testified his own Justice
Department came to the conclusion–
The current Justice Department,
the one that matters,
came to a new conclusion.
Therefore, motivation of the prosecution
has to be called into question.
The motivation of the prosecution
is not an issue in a courtroom.
In any courtroom I’ve ever been in,
except this one.
Object.
[Hoffman] Mr. Kunstler, do you have
any further examination
that will demonstrate that this witness
will make a material contribution,
or should I just ask him to step down?
You’ve ruled.
You’re not gonna let the jury
hear his testimony.
Not unless you can demonstrate to me,
which you have not thus far done,
that this witness–
-Are you any good?
-Are you addressing the court reporter?
-Keep up with us.
-Mr. Kunstler–
Is this prosecution politically motivated?
-Object!
-Yes.
President Nixon inherited
an unpopular war.
-Yes.
-Step down, Mr. Clark.
And your clients make it
more unpopular every day.
This administration is paranoid
about the SDS, the Mobe, the New Left…
[Hoffman] Mr. Clark, please.
Please, sir. I will be forced
to find you in contempt.
Do you understand?
I do, Your Honor.
Then step down, please.
Thank you, sir.
Just get to work on the appeal.
Your Honor, when the jury returns,
will they be informed
that the defense had called
the former attorney general
of the United States of America,
but this court ruled
that he couldn’t testify?
No, that motion will be denied.
[spectators murmuring]
Cite Mr. Kunstler
with his third count of contempt.
[David] You’re a thug.
Did one of the defendants speak?
I did. I said you’re a thug,
because you are.
-Dave.
-Please sit, Mr. Dellinger.
-If we’re guilty, why not give us a trial?
-[Leonard] Dave.
Marshals, seat the defendant.
If we’re guilty,
which you have clearly decided–
-Dave, I’ve got–
-Watch yourself.
You’ve clearly decided
that we were, why not–
No. You don’t…
No, you don’t need to grab my arm.
If we’re guilty, why not give us a trial?
I mean, I have sat here for six months
and watched you!
You don’t need to grab my arm.
I have watched you. I’ve watched you–
Sir– [grunts]
[spectators gasp]
[Jerry] It’s okay.
He would not hurt a fly.
Take him out of here. Lock him up.
[handcuffs clinking]
I hit him.
I’m sorry.
[softly] I’m sorry.
[telephone ringing]
There’s only one thing.
There’s one thing to do.
Solidarity with Dave.
Tomorrow, we go into court
and get ourselves arrested.
We’re already arrested.
Is Bill talking to you
about taking the stand?
The press guys are saying
Bill’s been talking to you about it.
He’s been talking about it.
He thinks you might get the crowd
worked up with a position paper?
Maybe he thinks I won’t try
to get the crowd worked up at all.
Maybe he thinks there are jurors
who relied on the safety of the police
and are put off
when someone calls them pigs,
or maybe he wants a witness
who dresses like a grown man.
The cops in this city
in the summer of 1968 were pigs.
I wonder how many of them
had kids in Vietnam.
He’s gonna take the stand, not you?
And we’re okay with that?
Abbie?
What did you mean,
the last thing I want is to end the war?
What?
Centuries ago when the trial started,
you said, why did I come to Chicago?
And I said, “To end the war.”
And then you turned to everyone
and you said,
“The last thing he wants
is to end the war.”
What did you mean by that?
That you’re making the most
of your close-up.
Yeah…
-No more war, no Abbie Hoffman.
-What’s your problem with me?
I wish people would stop asking me that.
-Dave wouldn’t want us to–
-Answer it.
One time.
All right. My problem
is that for the next 50 years
when people think of progressive politics,
they’re gonna think of you.
They’re gonna think of you
and your idiot followers
passing out daisies to soldiers
and trying to levitate the Pentagon.
So they’re not gonna think
of equality or justice,
they’re not gonna think
of education or poverty or progress.
They’re gonna think
of a bunch of stoned, lost,
disrespectful, foul-mouthed,
lawless losers,
and so we’ll lose elections.
All because of me?
Yeah.
Winning elections is the first thing
on your wish list?
Equality, justice, education, poverty
and progress, they’re second?
If you don’t win elections,
it doesn’t matter what’s second.
And it is astonishing to me that
someone still has to explain that to you.
[Rennie] Okay.
Okay, so, uh, Jerry was
talking about standing–
We don’t have any money.
I’m sorry, what?
We don’t have any money.
So I stage stunts, and cameras come
and microphones come,
and it’s astonishing that someone
still has to explain that to you.
You’re trading a cow for magic beans.
[Jerry] That ended up working.
What?
The magic beans.
There was a giant up there.
Oh, for fuck’s–
I can’t remember what happened after that.
The little boy may have gotten eaten–
[John] The giant turned out to be nice.
-[Jerry] Are you sure?
-No.
It’s hard to believe the seven of us
weren’t able to end a war.
Let me ask you something…
You guys should shake hands.
Think Chicago would’ve gone differently
if Kennedy got the nomination?
Do I… [chuckles]
-Just…
-[laughs] Yeah.
Yes, I do. I think the Irish guys
would have sat down with Daley,
and… Yes.
-I think so too.
-Yeah?
That’s why I was wondering.
Weren’t you just a little bit happy
when the bullet ripped through his head?
No Chicago, no Tom Hayden.
I was one of the pallbearers,
you fucking animal!
That’s right, we’re not goin’ to jail
because of what we did,
we’re goin’ to jail because of who we are!
Think about that the next time
you shrug off cultural revolution.
We define winning differently, you and I.
Bill, you should’ve seen it.
Tom tried to beat me up, but through
sheer force of intellectual superiority–
[Bill] Stop talking. Just stop talking.
Foran’s office turned this over tonight.
In discovery.
It was given to them
by somebody in the crowd.
No foul play, there are affidavits.
They really did just get this.
[Tom] What’s on the tape?
The sound of you
starting the Chicago riot.
Hey. What?
Somebody had a tape recorder
by the bandshell. They got you saying it.
It’s a clear tape.
You can’t take the stand.
-I can handle Schultz and the tape.
-No.
They’ll play the tape anyway, right?
If you take the stand, they’ll make you
answer for it, and you can’t.
-They’d just cracked Rennie’s head open.
-So you started a riot.
-Defense rests.
-They had just cracked–
-If blood is gonna flow…
-[Tom] Bill…
…let it flow all over the city.
-They’d just clubbed Rennie.
-Everybody kept their cool.
Abbie, Dave…
Shit, this guy kept his cool.
You’re the one who lost it.
I can take the stand.
[Bill] You wanna hear what cross
from Schultz will sound like?
Sure. I’ll show you
what my answers will sound like.
They called him a radical,
they called him a criminal!
-They called him “Un-American.”
-[crowd cheering]
[Tom] First of all, it turned out the guy
climbing the flagpole was a kid.
It seems like you guys attract
an awful lot of underage minors.
-Do you wanna object?
-Objection.
-Overruled.
-[Tom] We attract the people
who have the most to lose
by this war continuing.
I’m glad you brought that up.
Did you serve?
I wasn’t drafted.
I didn’t try to evade the…
-I had a high number.
-High number? But you didn’t enlist?
I did not volunteer
to kill Vietnamese people, no.
You testified you saw at least
six policemen start to go after the man…
Sorry, the kid
who was climbing the flagpole?
-Yes.
-[Bill] It was dark.
You were 100 yards away.
What do you have, telescopic night-vision?
There were floodlights.
And when they called him
anti-American, he said, “No,
that ignominious distinction goes
to those who mouth America’s values
while breaking America’s heart.”
I’d like to introduce you now
to Carl Oglesby of the SDS!
[officer] Come on!
Hey, it’s all right. He’s a kid.
We’ll get him down.
Isn’t it great to be here in Chicago!
[all cheering]
[officer] Come here.
Son of a bitch!
Hey, leave the kid alone!
-[officer] Hold him!
-[Rennie] Hey!
Jesus! What is wrong with…
Rennie was trying
to get the police off of the kid.
“Get the police off of the kid.”
-[Tom] Yes.
-How?
-[sighs] He was–
-Grabbing them?
Get off of him! Hey! Get the–
I’d like to say to the cops back there
that we’re allowed to be here.
-We have permits for this.
-And out of nowhere…
[grunts]
It was six armed police officers versus
Rennie and a pocket protector.
I can understand that response.
How about your response? Let’s press play.
[John] We’re gonna need medics…
The whole world is watching.
[crowd chanting]
The whole world is watching!
They’ve just beaten Rennie, Dave.
Listen. We can still get
everyone out of here safely.
No, we can’t.
[all chanting]
The whole world is watching!
The whole world is watching!
Dellinger tried to stop you from saying
what you were about to say.
Tell them to stay calm.
[crowd continues chanting]
-No.
-The whole world is watching!
-Tom?
-Did you tell ’em to stay calm?
Wait, Rennie Davis has just been
beaten by the police.
Rennie’s skull has been cracked open.
-Did you tell your crowd to stay calm–
-Bill–
I’m Richard Schultz, Tom.
And John Mitchell told me to win.
Did you tell your crowd
to stay calm or–
Yes. If blood is gonna flow…
…let it flow all over the city!
-God damn it! Tom!
-[Tom] If gas is gonna be used,
let it come down all over Chicago!
We’re going to the convention!
Let’s get on the streets!
Get on the street!
“If blood is gonna flow,
let it flow all over the city.”
What was that, an order
to start a peaceful demonstration?
[crowd clamoring]
Once you had a moment to settle down,
did you try and stop people?
[tear gas canisters firing]
-Fuck you!
-Get off him!
-You didn’t try and stop anyone.
-No.
[Tom] The bridges!
Head to the bridges! The bridges!
You told them to go to the footbridges.
The ones able to make it out of the park
without getting arrested or maimed.
And those people,
the ones you sent to the footbridges,
did they know what was on the other side?
[officer] You are ordered
to turn around immediately.
All access to the convention was blocked.
-[Tom] By an armored division.
-The Illinois National Guard.
They’re the good guys.
Jeeps fitted with concertina wire
called Daley dozers.
When did I stop being
one of the good guys?
Let’s find out.
Were glass bottles thrown at the police?
We want justice!
No, don’t approach! Stay back! Stay…
Some people threw bottles.
Dave was trying to shut it down.
We were frustrated.
All three footbridges–
So you, Abbie, Jerry and 11 others
eluded the police.
I wouldn’t say we eluded them.
We were fleeing from them.
Found an unguarded bridge…
Now here’s where things got weird.
You, Abbie, Jerry and 11 others
found the only way to the convention.
In the lobby of the Hilton,
right next to the convention center,
is a bar called the Haymarket Tavern.
The Haymarket Tavern is a watering hole
for Chicago’s political class
and their hookers.
[crowd laughing]
And the place was packed to watch Humphrey
getting the nomination a mile away.
[man on TV]
From the House of Representatives
who represents the great state of Ohio,
representative Wayne Hays to the stage.
[Hays] Thank you, Mr. Chairman.
The great state of Ohio,
the Buckeye State–
[all] The Buckeye State!
One side of the Haymarket Tavern
is a picture window with smoked glass.
You can’t see inside it from the street.
You made it through the riot police,
tear gas, the National Guard,
you’re in sight of the convention center.
[police radio chatter]
-Where we got trapped.
-What’s another word for trapped?
We were trapped
between the window and the police.
What’s another word for trapped?
Caught, right?
Inside the bar,
it’s like the ’60s never happened.
Outside the bar,
the ’60s were being performed
for anyone who looked out of the window.
Anyone know what a buckeye is?
-[man] Buckeye?
-Yeah.
[man] A buckeye is a nut. A poisonous nut.
Hey.
[woman on TV] 94 votes
for Vice President Humphrey.
Am I the only one who sees
what’s going on out there?
And we see a cop do something
you don’t ever wanna see a cop do.
’60s outside the bar, ’50s inside the bar.
And then, an unnecessary metaphor.
It’s a nut.
-What?
-A nut!
[people scream]
Were you resisting arrest?
-They pushed us through the window!
-You overrun the riot police…
Which is more than Rennie can say!
Over 400 people admitted
to area hospitals with severe injuries!
They had armored vehicles and bayonets!
They took off their name tags and badges!
We were trying to protest peacefully
at the fucking convention!
-[grunts]
-[police radio chatter]
[officer] Hands behind your back.
Yeah.
[Bill] Who started the riot, Tom?
Our…
What?
Our…
Our blood.
[chuckles] “Our blood.”
“If our blood is gonna flow…”
You meant to say,
“If our blood is gonna flow,
then let it flow all over the city.”
You didn’t mean the cops.
You were saying, “If they’re gonna
beat us up, everyone should see it.”
Jesus Christ!
You do this…
He does this, it’s a pattern.
Read his portion
of the Port Huron Statement.
He implies possessive pronouns
and uses vague noun modifiers.
You read the Port Huron Statement?
I’ve read everything you’ve published.
I didn’t know that.
You’re a talented guy.
-Except for the possessive pronouns.
-I know.
And the vague noun modifiers.
Put Abbie on the stand instead.
[Hoffman] Would you state your full name
for the record, please?
It’s Abbie.
[Hoffman] Last name.
My grandfather’s name was Shaboysnakoff,
but he was a Russian Jew
protesting anti-Semitism,
so he was assigned a name
that would sound like yours.
What is your date of birth?
Psychologically, 1960.
[Hoffman] What were you doing until 1960?
Nothing. I believe it’s called
an American education.
[spectators laugh]
Why don’t we just proceed
with the testimony?
Sure.
Abbie, do you know
why you’re on trial here?
We carried certain ideas
across state lines.
Not machine guns
or drugs or little girls.
Ideas.
When we crossed from New York
to New Jersey to Pennsylvania
to Ohio to Illinois, we had certain ideas.
And for that,
we were gassed, beaten,
arrested and put on trial.
Okay.
In 1861, Lincoln said
in his inaugural address,
“When the people shall grow weary
of their constitutional right
to amend their government,
they shall exert their revolutionary right
to dismember and overthrow
that government.”
And if Lincoln had given that speech
in Lincoln Park last summer,
he’d be put on trial with the rest of us.
So how do you overthrow or dismember,
as you say, your government peacefully?
In this country,
we do it every four years.
That’s all.
[chuckles] So Chicago was just
a massive voter registration drive.
[chuckles] Yeah.
Did you hear the tape we played
of Tom Hayden?
-Yes.
-You heard the tape?
Did you hear Mr. Hayden
give an instruction to his people
to take to the streets?
“His people”?
Hayden’s not a Mafia don and neither am I.
Did you hear him say,
“If blood is gonna flow,
let it flow all over the city”?
[chuckles] The beginning of that sentence
was supposed to be…
Yes. Yes, I did.
What’d you think of that?
I think Tom Hayden is a badass
of an American patriot.
I didn’t ask what you thought of the man,
I asked of his instruction of the crowd.
I’ve also heard Tom Hayden say,
“Let’s end the war,”
but nobody stopped shooting.
You can do anything to anything
by taking it out of context, Mr. Schultz.
“If blood is gonna flow”?
How do you take that out of context?
A guy once said, “I am come to set a man
at variance with his father
and the daughter against her mother.”
You know who said it?
Jerry Rubin.
[chuckles] Yes.
No.
It was Jesus Christ.
Matthew 10:35.
And it sure sounds like
he’s telling kids to kill their parents.
Until you read Matthew 10:34 and 10:36.
Do you have–
He’d just seen his best friend
get hit in the head with a nightstick.
The police, Mr. Schultz,
whose people are they?
-Do you have contempt for your government?
-Do I–
Yeah, do you have contempt
for your government?
I think the institutions of our democracy
are wonderful things
that right now are populated
by some terrible people.
Please answer the question.
Tell me again?
Do you have contempt for your government?
I’ll tell you, it’s nothing compared to
the contempt my government has for me.
We’ve heard testimony
from 27 witnesses, under oath,
that say you hoped
for a confrontation with the police,
that your plans for the convention
were designed specifically
to draw the police into a confrontation.
If I’d known it was gonna be the first wish of mine that came true, I would’ve aimed higher.
It’s a yes or no question.
When you came to Chicago, were you hoping for a confrontation with the police?
I’m concerned you have to think about it.
Give me a moment, would you, friend?
I’ve never been on trial for my thoughts before.
[door opens]
[door opens]
[bailiff] All rise.
69 CR 180, United States of America v. David Dellinger et al.
The law requires that before sentencing, I allow the defendant or defendants to make a statement to the court.
I’ve advised defense counsel that the court will allow one defendant to speak for the group, and I’ve been advised the group has chosen Mr. Hayden.
Is that right?
Yes, sir.
Mr. Hayden, in spite of your actions during the convention, you are the one defendant who has shown, during this trial, respect for this court and for this country, and remorse for those actions.
I truly believe… And I mean this.
I truly believe that one day you will be a very productive part of our system.
I’d like you to make your statement brief and without political content of any kind.
If you make your statement brief, if you make it respectful, if you make it remorseful and to the point, I will look favorably upon that when administering my sentence. Do you understand what I’ve just said?
Mr. Hayden?
[Tom] Yes, sir.
You’ll look favorably in sentencing.
Yes.
If I make my statement respectful and remorseful.
Yes.
I’m sorry, Your Honor, what was the third one?
Brief.
Brief.
If I do these things, my government will look favorably on me.
You understand?
Yes, sir.
Please begin.
Okay.
Your Honor, since this trial began, 4,752 US troops have been killed in Vietnam.
And the following… are their names.
[spectators murmuring]
“Private First Class Dennis Walter Kipp, 18 years old.”
“Private Eric Alan Bosch, 21 years old.”
[gavel bangs]
[Hoffman] Mr. Kunstler!
“Lance Corporal Robert Earl Ellis, 19 years old.”
Mr. Kunstler! He will not read 5,000 names for the record!
“Robert Ford, 21 years old.”
There will be order!
[Tom] “Staff Sergeant David Cruz Chavez, 31 years old.”
“Lance Corporal Douglas W. Jackson, 19 years old.”
[Hoffman] There will be order!
[Tom] “Private First Class William Melvin Johnson, 20 years old.”
There will be order!
“Lance Corporal Robert Ryan Hammond…”
There will be order!
“…19 years old.”
“Corporal Philip Lawrence Jewell, 20 years old.”
[Hoffman] He will not read 4,500 names!
“Sergeant Brian John Morrow, 19 years.”
“Master Sergeant James Warren Finsel, 36 years old.”
There will be order!
[all cheering]
“Technical Sergeant James William Greenwood, 33 years old.”
“Specialist Fourth Class Edward B. Cribb, 21 years old.”
“Corporal David Michael King, 20 years old.”
“Specialist Keith Harold Reitz…”
[Hoffman] Order!
“…21 years old.”
[Hoffman] Put that down!
“Private First Class James Clinton DeFranco, 19 years old.”
“Corporal Kenneth Joe Auston, 18 years old.”
“First Lieutenant Donald Bryan Mancill, 24 years old.”
What are you doin’?
Respect for the fallen.
Let’s show ’em some respect, sir.
[Tom] “…25 years old.”
“Private First Class Wayne Karl Woodland, 20 years old.”
“Staff Sergeant Thomas Anthony Scibelli, 26 years old.”
“Private First Class Richard Henry Durant, 20 years old.”
“Lance Corporal Harry Earl Farmer, 25 years old.”
“Corporal Daniel Alan Frey, 19 years old.”
“Second Lieutenant Franklin Theodore James, 26 years old…”
[applause resumes]
“…24 years old.”
Sit down!
“Sergeant Dale Frank Olmstead, 20 years old.”
[gavel banging]
[crowd] The whole world is watching!
[“Hear My Voice” by Celeste playing]
♪ Hear my voice ♪
♪ Hear my dreams ♪
♪ Let us make a world ♪
♪ In which I believe ♪
♪ Hear my words ♪
♪ Hear my cry ♪
♪ Let me see a change ♪
♪ Through these eyes ♪
♪ You may think I won’t be heard ♪
♪ Still I’ll raise this hand ♪
♪ Spread this word ♪
♪ These words of fire
Of hope and desire ♪
♪ And I’ll let them free ♪
♪ Hear my voice ♪
♪ Hear my dreams ♪
♪ Let us make a world ♪
♪ In which we believe ♪
♪ In which we believe ♪
♪ Hear my words ♪
♪ Hear my choice ♪
♪ Hear my voice ♪
[eclectic instrumental music playing]
♪ Hear my voice ♪
♪ Hear my dreams ♪
♪ Hear my pain ♪
♪ Hear my screams ♪
♪ Hear my voice ♪
♪ Hear my screams ♪
♪ Hear my voice ♪
♪ Hear my heart ♪
♪ Hear my screams ♪
♪ Hear, hear me ♪
♪ Hear my voice ♪
♪ Hear my screams ♪
♪ Hear my voice ♪
