Chance democratic

Chance democratic

Monday, October 31, 2016

Review, Conspiracy in the Streets: The Extraordinary Trial of the Chicago Eight. Edited and with an introduction by Jon Wiener. Afterword by Tom Hayden. Illustrations by Jules Feiffer (The New Press, 2006)

Peace and Change, July 2007


Following the tumultuous events at the 1968 Democratic Convention in Chicago—in which thousands of New Leftists and antiwar protesters faced police in violent confrontations—the Nixon administration responded by indicting six prominent and two lesser-known activists for conspiracy to cross state lines with the intent to foment a riot. The resultant trial would offer nearly five months of sometimes entertaining, sometimes appalling theater pitting two different visions of America against each other: an anti-authority, youth-oriented, countercultural vision represented by the defendants and their lawyers; and a pro-establishment vision personified by the prosecutors and especially the presiding judge, Julius Hoffman. Conspiracy in the Streets presents nearly 200 pages of excerpts from the trial transcripts, offering a vivid first-hand account of one of the greatest political trials of the last sixty years.

The trial had its origins in the efforts of a coalition of antiwar and New Left groups to organize a series of demonstrations to take place in Chicago during the Democratic Convention in August 1968. But planning for the event ran afoul of the powerful administration of Mayor Richard Daley, as city officials denied organizers permits to demonstrate outside the convention hall or in Grant Park, several miles away. When thousands of demonstrators showed up anyway, city police forcibly attacked crowds of protestors, some of whom fought back. By the end of the convention, more than 600 demonstrators had been arrested, and more than 1,000 had been treated for injuries either in hospitals or by on-site medical teams, while 192 police officers had been injured. In the aftermath of the convention, the report of the National Commission on the Causes and Prevention of Violence—the so-called “Walker Report”—concluded the events in Chicago were a “police riot” and Attorney General Ramsey Clark declined to seek charges against the protest organizers.

But with the Nixon administration coming into office in early 1969, indictments were handed down shortly thereafter against eight of the movement’s leaders. These included David Dellinger, a 54-year-old pacifist with a decades-long record of war resistance; Rennie Davis and Tom Hayden, who had been prominent members of the Students for a Democratic Society since the early 1960s; Bobby Seale of the Black Panther Party; Abbie Hoffman and Jerry Rubin of the Youth International Party (Yippie!); and two relatively unknown local activists, Lee Weiner and John Froines (at trial’s end, as the judge handed out contempt citations and thought he had finished with the defendants and was about to begin on the defense lawyers, he realized he had not yet sentenced Froines, prompting Froines’ lament, “It’s part of being a media unknown that even the judge finally forgets you’re here”). The eight were charged with conspiring to riot despite the fact that Bobby Seale had never met any of the others and, as Abbie Hoffman would testify, “We couldn’t agree on lunch.” All the defendants but Seale chose as their lawyers William Kuntsler, who had a long record of working in the civil rights movement, and Leonard Weinglass, who was working in his first federal trial, and when Seale’s lawyer fell ill, the judge assigned Kuntsler as Seale’s attorney.

As the transcripts clearly show, Judge Hoffman made little attempt to conceal his contempt for the defendants and his antipathy for the lawyers. If the defense sought to use the trial as an effective piece of agitprop, then they could have ordered Judge Hoffman straight from central casting. Cantankerous and combative, the judge rushed through jury selection in less than a day, consistently denied defense motions, insulted defense attorneys in front of the jury, and refused to allowed crucial defense witnesses to testify—most egregiously, former Attorney General Clark, who was prevented from explaining why he had refused to seek indictments against the defendants. The judge’s actions reached their nadir when Seale repeatedly insisted on a delay until he could be represented by his own lawyer or, barring that, representing himself, and Judge Hoffman responded by ordering Seale bound and gagged, prompting outrage on the part of the defense lawyers and the rest of the defendants. Eventually Seale’s case was separated from the others’.

The defense team chose to use the trial to present to the jury and the broader American audience the ideas and values of what was loosely called “the Movement.” Thus, defense witnesses featured a wide array of New Left, countercultural, and civil rights celebrities—including, among others, Norman Mailer, Allen Ginsberg, Dick Gregory, Jesse Jackson, Julian Bond, Timothy Leary, Judy Collins, and Arlo Guthrie. The testimonies offer abundant examples of entertaining cultural clashes, as when Ginsberg, asked what he did when he encountered police at the demonstrations, began to chant “O-o-m-m-m-m, o-o-m-m-m” only to have the judge cut him off after two “oommms,” or when Collins or Guthrie began singing, only to have the judge order them silenced. As a defense, though, this strategy came across as unfocused, bordering on incoherent. More effective are the lesser-known witnesses who gave first-hand accounts of the brutal behavior of the Chicago police and the intransigence of the Daley administration.

In the trial’s context, the defendant who shone brightest was Abbie Hoffman. A veteran of the Southern civil rights movement, Hoffman emerged in the mid-1960s as a public figure in the New Left specializing in acts of guerilla theater. The Yippies were his and Rubin’s attempt to forego the hard work of grassroots organizing and create a movement from the top down by using the mass media, a strategy that led them to make outrageous and sometimes irresponsible statements, like their threat to put LSD in Chicago’s water system. While not especially effective as an organizing tactic, it often made for entertaining theater and the trial provided a perfect forum for Hoffman’s comedic talents. Whether blowing kisses to the jury, dressing in judicial robes, dropping his last name (so as not to be confused with Judge Hoffman), or insulting the judge in Yiddish (as the transcripts make clear, almost all of the defendants’ outbursts came in response to some especially provocative judicial ruling; in this case it was the revocation of Dellinger’s bail), Hoffman used the trial as a forum to make a mockery of the government’s case. As a witness, Hoffman gave the judge and prosecutor fits, as when, for instance, he stated that he resided in “Woodstock Nation,” and when asked where that was located, responded, “It is in my mind and the minds of my brothers and sisters. We carry it around with us in the same way that the Sioux Indians carry around the Sioux nation. It does not consist of property or material, but, rather, of ideas and certain values, those values being cooperation versus competition.”

Excerpts of the trial transcripts have been available in paperback form, especially in the long out-of-print Tales of Hoffman (Bantam Books, 1970), a book that in roughly the same number of pages presents a much fuller account. As Norman Mailer pointedly observed during his testimony, “Facts are nothing without their nuance,” and what is missing from this version is much of the trial’s nuance. Hoffman’s testimony, for instance, is significantly truncated in this edition, often without indicating what has been left out. Thus, when Weinglass commented that the prosecutor had finally understood that much of the Yippies’ rhetoric was not meant to be taken seriously, the prosecution’s objection prompting the comment is not included. The present edition also completely eliminates the ongoing conflict over bathroom privileges, which symbolized the judge’s petty imperiousness as well as providing a recurring source of humor.

Jon Wiener’s introduction briefly sets the trial in context, although the price of such brevity is often oversimplification, as well as occasional bad editing and sloppy history. For instance, he says that Tom Hayden was first elected to the California state assembly in 1992, when in fact it was in 1982, and he gives Jerry Rubin credit for coining the phrase “Never trust anyone over thirty” when it was really Berkeley Free Speech activist Jack Weinberg. Tom Hayden’s afterword provides some interesting reflections on the trial, although his comments on the current scene probably reflect more wishful thinking than anything else.

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