Chicago Eight

Poster in support of the "Conspiracy 8"

The Chicago Seven (also Conspiracy Seven, originally Eight) were seven defendants—Abbie Hoffman, Jerry Rubin, David Dellinger, Tom Hayden, Rennie Davis, John Froines, and Lee Weiner—charged with conspiracy, inciting to riot, and other charges related to protests that took place in Chicago, Illinois on the occasion of the 1968 Democratic National Convention. Bobby Seale, the eighth man charged, had his trial severed during the proceedings, lowering the number from eight to seven.

Background

The 1968 Democratic National Convention was held in Chicago in late August—convened to select the party's candidates for the November 1968 Presidential election. Prior to and during the convention—which took place at the International Amphitheatre—rallies, demonstrations, marches, and attempted marches took place on the streets and in the lakefront parks, about five miles away from the convention site. These activities were primarily in protest of President Lyndon B. Johnson's policies for the Vietnam War, policies which were vigorously contested during the presidential primary campaign and inside the convention.

The largest rally during the week was attended by about 15,000 protesters, while other actions involved hundreds or thousands. That large rally, which took place at the old bandshell at the south end of Grant Park, was the only anti-war assembly that had a legal permit from the city of Chicago. The lack of other permits to assemble, march, as well as to sleep in the parks during that week created numerous confrontations and clashes between protesters and the Chicago police (and the Illinois National Guard who had been brought in to back up the police). Police and national guard forces used tear gas, Mace, struck people with batons, and made arrests.^[1] In the aftermath of what was later characterized as a "police riot" by the U.S. National Commission on the Causes and Prevention of Violence,^[2] a federal grand jury indicted eight demonstrators and eight police officers.

Grant Park

Upon their arrival in Chicago, the organizers of the “YIPpie ” movement, under the leadership of Abbie Hoffman and Jerry Rubin, arranged for the occupation and encampment of Grant Park by a coalition of over 10,000 anti-war demonstrators, student-activist groups, and radicals who had come to the Midwest to protest at the Democratic Convention.^[3] Despite the presence of a major battalion of Chicago police officers armed with mace, batons, and tanks who had been given orders by Mayor Richard Daley to contain the crowd “by any means necessary”, confrontation between both the protesters and the police remained relatively peaceful for the majority of the duration of the Convention.^[4] August 23, 1968, marked the incident that would eventually lead to the official conviction of the Chicago Seven for violation of the anti-rioting clause that had been ratified within the Fourteenth amendment only four years earlier.^[5] Although eyewitness accounts later taken from the Walker report suggest that the police instigated the violence that took place between the city’s antiriot squadron and the demonstrators, testimonies later taken from first hand eyewitness statements do not provide a clear description of which group was initially responsible for causing the violence to erupt on both sides.^[6] At approximately 3:30 P.M, a small group of demonstrators rushed to take the hill in the center of Grant Park in an effort to lower the American flag hanging in the middle of the park as an act of defiance against the Chicago City mounted police officers that were attempting to disperse the large crowd of Yippie protesters.^[7] Just as a young boy successfully lowered the flag, the mounted police broke through the crowd and began to beat the boy in an effort they claimed was merely to subdue him, even though the boy was eventually beaten unconscious by the battalion of horse mounted officers.^[8] Seeing the young man being beaten by the police officers, the crowd began to assault the mounted squad with rocks, food, and pieces of concrete in a sudden and drastic outburst of mob violence that could not be combated.^[9] Riot police arrived on the scene in an effort to subdue the crowd and were attacked in the same fashion along with chants of “Hell no we won’t go” etc.^[10] In an effort to avoid further conflict with the police and any further harm that may have befallen the strikers, the demonstrators, under the leadership of Tom Hayden, an organizer from the Students for a Democratic Society, sought to evacuate the Yippie protesters from Grant Park.^[11] The demonstrators were eventually forced to vacate the park and would later attempt to gather in an effort to march directly on the International Amphitheater where the convention was being held to directly confront the representatives and state delegates who were attending.^[12]

Incident at the Hilton

The incident that took place between the demonstrators and the police outside the Hilton Hotel would ultimately result in the arrest and trial of the “Chicago Seven" for knowingly crossing state borders to instigate a riot at the Democratic Convention in Chicago.^[13] On the night of August 28, 1968, a massive coalition of YIPpie activists, anti-war demonstrators, and other radicals gathered in front of Michigan Ave and Grant Park and attempted to march towards the convention center in an effort to protest during the nomination speech given by Abraham Ribicoff in his support of presidential candidate George McGovern.^[14] Relying on rumors, later proven false, that several delegates from the Democratic party were staying at the Hilton hotel, the leaders of the Yippie demonstrators attempted to lead a march towards the Hilton hotel instead of towards the convention center located on the other side of the city.^[15] In an effort to contain the march, Mayor Daley ordered the Chicago police battalions, which had now assembled a force of over five thousand foot and mounted anti-riot patrolmen into a small army, to forcibly remove demonstrators from their intended parade route that led towards the Convention Center.^[16] Utilizing both tear gas and the beating of thousands of demonstrators, the police were eventually able to force the Yippie protesters away from their intended parade route and away from Michigan Ave.^[17] Under the leadership of Abbie Hoffman, the demonstrators attempted to regroup and march towards the Hilton hotel in an effort to both confront the Chicago police department and make a public spectacle of the entire event before the media who had already strategically arranged themselves within the group of demonstrators.^[18] By the time the protesters arrived in front of the Hilton, the police had already massed to form a tight formation around the demonstrators and were attempting to make a final effort to break up the crowd and arrest the Yippie leaders. Rather than surrendering themselves to the police, the crowd began to antagonize the battalion of officers by chanting slogans at them that consisted of “Shoot, Shoot” and “Kill, Kill”. What happened next can only be speculated from witness reports as being "quick and violent", but what is known for certain is that the clash between the demonstrators and the police turned violent. The police eventually charged into the crowd of demonstrators and began to assault protesters who were attempting to flee or who attempted to resist arrest.^[19] Captured live on tape by the media and broadcast to the rest of the United States on several major broadcast stations, the police proceeded to ruthlessly beat and arrest both demonstrators and by-standers who were standing nearby the Hilton hotel, including a British diplomat who claimed that she was merely staying at the hotel and had no involvement with the Yippie movement.^[20] In the aftermath of the incident that took place outside of the Hilton hotel, seven of the leaders of the Yippie demonstrators were arrested for inciting a riot within the city of Chicago.^[21]

Trial

The original eight protester/defendants, indicted by the grand jury on March 20, 1969, were Abbie Hoffman, Jerry Rubin, David Dellinger, Tom Hayden, Rennie Davis, John Froines, Lee Weiner, and Bobby Seale. The defense attorneys were William Kunstler and Leonard Weinglass of the Center for Constitutional Rights. The judge was Julius Hoffman. The prosecutors were Richard Schultz and Tom Foran. The trial began on September 24, 1969, and on October 9 the United States National Guard was called in for crowd control as demonstrations grew outside the courtroom.

Early in the course of the trial, Black Panther Party activist Bobby Seale hurled bitter attacks at Judge Hoffman in court, calling him a "fascist dog," a "pig," and a "racist," among other things. Seale had wanted the trial postponed so that his own attorney, Charles Garry, could represent him (as Garry was about to undergo gallbladder surgery); the judge denied the postponement, and refused to allow Seale to represent himself, leading to Seale's verbal onslaught. When Seale refused to be silenced, the judge ordered Seale bound and gagged in the courtroom, citing a precedent from the case of Illinois v. Allen.^[22] (This was alluded to in Graham Nash's song, "Chicago", which opened with: "So your brother's bound and gagged, and they've chained him to a chair"). Ultimately, Hoffman severed Seale from the case, sentencing him to four years in prison for contempt of court, one of the longest sentences ever handed down for that offense in American history at that time.^[23]

The Chicago Eight then became the Chicago Seven, where the defendants, particularly Yippies Hoffman and Rubin, mocked courtroom decorum as the widely publicized trial itself became a focal point for a growing legion of protesters. One day, defendants Hoffman and Rubin appeared in court dressed in judicial robes. When the judge ordered them to remove the robes, they complied, to reveal that they were wearing Chicago police uniforms underneath. Hoffman blew kisses at the jury. Judge Hoffman became the favorite courtroom target of the defendants, who frequently would insult the judge to his face.^[24] Abbie Hoffman (no relation) told Judge Hoffman "you are a 'shande fur de Goyim' [disgrace in front of the gentiles]. You would have served Hitler better." He later added that "your idea of justice is the only obscenity in the room."^[24] Both Davis and Rubin told the Judge "this court is bullshit."

The trial extended for months, with many celebrated figures from the American left and counterculture called to testify (including folk singers Phil Ochs, Judy Collins and Arlo Guthrie, writer Norman Mailer, LSD advocate Timothy Leary and Reverend Jesse Jackson).

Results

On February 18, 1970, all seven defendants were found not guilty of conspiracy.^[26] Two (Froines and Weiner) were acquitted completely, while the remaining five were convicted of crossing state lines with the intent to incite a riot, a crime instituted by the anti-riot provisions of the Civil Rights Act of 1968.^[27] On February 20, they were each fined $5,000 and sentenced to five years in prison. At sentencing, Abbie Hoffman recommended that the judge try LSD, offering to set him up with a dealer he knew in Florida.^[28]

On November 21, 1972, all of the convictions were reversed by the United States Court of Appeals for the Seventh Circuit on the basis that the judge was biased in his refusal to permit defense attorneys to screen prospective jurors for cultural and racial bias (Case citation 472 F.2d 340). The Justice Department decided not to retry the case. During the trial, all the defendants and both defense attorneys had been cited for contempt and sentenced to jail, but all of those convictions were also overturned. The contempt charges were retried before a different judge, who found Dellinger, Rubin, Hoffman, and Kunstler guilty of some of the charges, but opted not to sentence the defendants to jail or fines.

Of the eight police officers indicted in the matter, seven were acquitted, and charges against the eighth were dismissed.

Dramatic presentations

French left-wing political filmmakers Jean-Luc Godard and Jean-Pierre Gorin (under the collective Dziga Vertov Group) made a film depicting the trials in 1970 called Vladimir et Rosa. In it, Judge Hoffman becomes "Judge Himmler" and the accused become microcosms of French revolutionary society. Lenin and Karl Rosa also appear, played by Godard and Gorin respectively.^[29]

Mixing fact and fiction, Haskell Wexler's 1969 film "Medium Cool", centers around the relationship between a cameraman and young widow as they find themselves amid the turmoil and violence during the "long hot summer" of Chicago. Wexler mixed both staged scenes with actual footage he shot from the demonstrations, his characters interacting with the protesters seamlessly. Indeed, at one point, the viewer can hear another filmmaker telling Wexler he is getting too close to the action.

In the 1971 Peter Watkins film Punishment Park, members of the counter-culture are put on trial for similar "crimes". Like Bobby Seale, one of the African-American defendants is bound and gagged.

In 1987, HBO aired Conspiracy: The Trial of the Chicago 8, a docudrama which re-enacted the trial using the transcript as the primary source for the script. William Kunstler, Leonard Weinglass, and all eight of the original defendants participated in the project, and provided commentary throughout the film. It was awarded the 1988 CableACE Award for Best Dramatic Special.

In 1993, British playwright John Goodchild adapted the original trial transcripts for a radio play produced by L.A. Theatre Works, The Chicago Conspiracy Trial. Its cast included David Schwimmer (Abbie Hoffman), Tom Amandes (Richard Schultz), George Murdock (Judge Julius Hoffman), and Mike Nussbaum (William Kunstler). The play received a New York Festivals award in 1993.

The 2000 film Steal This Movie mostly tells the story of Abbie Hoffman (played by Vincent D'Onofrio) but also looks at the trial.

In the 2007 film Chicago 10, Oscar-nominated director Brett Morgen retraces the trial with archival footage, animation, and music used to look back at the eight anti-war protesters who were put on trial following the 1968 Democratic National Convention.

Writer Aaron Sorkin wrote a script entitled The Trial of the Chicago 7, based on the conspiracy trial.^[30] Producers Steven Spielberg, Walter F. Parkes, and Laurie MacDonald collaborated on the development of Sorkin's script, with Spielberg intending to direct the film. Sacha Baron Cohen was originally cast as Abbie Hoffman,^[31] while Spielberg approached Will Smith for the role of Bobby Seale.^[32] The WGA strike, which lasted for 100 days, meant Spielberg was unable to begin filming in April 2008 and he suspended the project.^[33] Subsequently, Sorkin was to continue to rewrite the script for Spielberg, and the director intended to mostly cast unknowns to keep the budget down.^[34] Paul Greengrass^[35] and Ben Stiller^[36] have been rumored as replacement directors, but the project has apparently not moved forward.^[37]

A feature film made at the time of the trial, based on the trial transcript and distributed by New Line, The Great Chicago Conspiracy Circus, by Cannes-winning director Kerry Feltham, was released in Jan 2008 on DVD. The film won the Berlin Film Festival jury prize,^[38] as well as positive reviews from the New York Times^[39] and Newsweek^{[citation needed]}.

The Chicago 8, written and directed by Pinchas Perry was filmed in September and October 2009 and is likely to release in 2010^[40]. The film is based closely on the trial transcripts and most of the action takes place in the courtroom.^[41]

Further reading

Four editions of the edited transcript of the trial have been published:

• Edited by Judy Clavir and John Spitzer. The Conspiracy Trial: The extended edited transcript of the trial of the Chicago Eight. Complete with motions, rulings, contempt citations, sentences and photographs. Introduction by William Kunstler and foreword by Leonard Weinglass. Indianapolis: Bobbs-Merrill Company, 1970.

• Edited and with illustrations by Jules Feiffer. Pictures at a Prosecution: Drawings and Texts from the Chicago Conspiracy Trial. New York, Grove Press, Inc., 1971.

• Edited by Mark L. Levine, George C. McNamee, and Daniel Greenberg. The Tales of Hoffman. Introduction by Dwight MacDonald. New York: Bantam, 1970.

• Edited by Jon Wiener. Conspiracy in the Streets: The Extraordinary Trial of the Chicago Eight. Foreword by Tom Hayden and drawings by Jules Feiffer. New York: The New Press, 2006. ISBN 9781565848337

Books about the trial:

• Epstein, Jason. Great Conspiracy Trial. New York: Random House and Vintage Books. 1970. ISBN 0394419065

• Hoffman, Abbie and others. The Conspiracy. New York: Dell, 1969.

• Lukas, J. Anthony. The Barnyard Epithet & Other Obscenities: Notes on the Chicago Conspiracy Trial. Drawings by Irene Siegel. NYC: Harper & Row, 1970.

• Okpaku, Joseph and Verna Sadock. Verdict! The Exclusive Picture Story of the Trial of the Chicago 8 New York: The Third Press—Joseph Okpaku Publishing Co., Inc., 1970.

• Schultz, John. Motion Will Be Denied: A New Report on the Chicago Conspiracy Trial. New York: Morrow, 1972. Revised and published as The Chicago Conspiracy Trial. New introduction by Carl Oglesby and new afterword by the author. Chicago: University of Chicago Press, 2009. ISBN 9780226741147

See also

Wikisource has original text related to this article: Yippie Workshop Speech

• Seattle Liberation Front
• Days of Rage

Notes and references

External links

• The Chicago Seven.
• The Chicago Seven Trial
• Conspiracy: The Trial of the Chicago 8 at the Internet Movie Database

(1987 HBO made-for-television movie).

• Chicago 10 (2007) at imdb.com Chicago 10 (2007) documentary.
• An excerpt from The Chicago Conspiracy Trial: Revised Edition by John Schultz.