The Trial of the Chicago 7 Trivia Quiz

Answer: Indictments for those viewed responsible for the 1968 riots in Chicago

Five months after the Democratic National Convention in Chicago, U.S. Attorney Thomas Foran is asked to pick "the best prosecutor in his office" and attend at the offices of Attorney-General John Mitchell, newly appointed by President Nixon. Mitchell spends an inordinate amount of the meeting complaining about his treatment at the hands of the outgoing A-G, Ramsey Clark. "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 them. Richard, do you know when President Nixon received Ramsey Clark's formal letter of resignation?" Mitchell asks Schultz when he enters the room. "No, sir," Schultz replies. "About an hour before my confirmation," Mitchell replies. "That was to embarrass me. I don't know, I think it was more embarrassing for Ramsey Clark."

The conversation turns to the riots at the Convention in Chicago the previous summer. Schultz details how the investigation initiated by Foran showed that no federal laws were broken by the rioters. "Our office wasn't aware that the Justice Department wanted to seek any indictments at all," Schultz remarks, before adding, "Ramsey Clark was dead set against..." He is interrupted by Mitchell. "Ramsey Clark doesn't run the Justice Department anymore, did you hear about that?" he says. He wants Foran and Schultz to seek indictments against eight defendants for conspiracy to cross State lines in order to incite violence, a Federal law that provides for a maximum of 10 years in prison. When Schultz expresses reservations about this strategy, Mitchell has him speak freely. "Sir, there are people who will see this as the Justice Department restraining free speech and there'll be people who'll see these men as martyrs," Schultz points out. "Are any of those people in this room?" Mitchell asks. Schultz answers in the negative. "You're about to be named lead prosecutor in the most important trial in your lifetime after being hand-picked 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?" Mitchell asks. "I see them as vulgar, anti-establishment, anti-social and unpragmatic, but none of those things are indictable," Schultz replies. "Then imagine how impressed I'll be when you get an indictment," Mitchell says.

Answer: Bobby Seale's lawyer is not present in court.

The Chicago 7 are represented by William Kunstler and Leonard Weinglass, but they do not act for the eighth defendant, Bobby Seale, who has retained Charles Garry as his lawyer. Garry is still recovering from gall bladder surgery, but Judge Hoffman orders the trial to proceed despite Bobby Seale's objections over the absence of his lawyer. Bobby interrupts the proceedings again when Richard Schultz mentions his name during the prosecution's opening statement. "May I speak?" Bobby asks, as he rises to his feet. "No, sir," the Judge replies. "He just said my name," Bobby remarks. "You're a defendant in this case. You're likely to hear your name," the Judge observes. "I have a right to counsel and His Honor knows that," Bobby replies. "Don't tell the Court what it does and does not know," the Judge retorts.

Later, Bobby rises again and objects to being grouped together with the Chicago 7, and reiterates his objections around his lawyer not being present. "Mr. Kunstler, you are sitting right next to the man. Just represent him. It's the same case," the Judge says in frustration. "The fact that there's a lawyer near Mr. Seale does not satisfy the requirements of due process," Kunstler points out, before adding, "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." Kunstler's irritation does not escape the Judge, who remarks that he doesn't appreciate his tone. "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," Kunstler says. "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...," the Judge begins, but he is interrupted. "For the fourth time, he's not Bobby's lawyer!" Jerry Rubin says in exasperation. "You're Mr. Rubin?" the Judge asks. "Don't ever do that again!" Bobby chooses this tense moment to speak up again. "Your Honor, I'm not with these guys. I never even met most of them until the indictment. There are eight of us here, and there are signs out there that read 'Free the Chicago 7' - I'm not with them!" Bobby says. "You're saying it's a conspiracy. I never met most of them until the indictment. Speaking frankly, the U.S. 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, I had a chicken pot pie, went to the airport and I flew back to Oakland." The Judge has been unsuccessfully trying to regain order during Bobby's outburst, and eventually has to have a marshal intervene. "Charge Mr. Seale with one count of contempt of court," he orders.

Answer: To confront the police, who had arrested Tom Hayden

On the Sunday before the start of the Convention, Tom Hayden is caught letting the air out of the tire of a police vehicle in an attempt to stymie the ongoing surveillance of his friend, Rennie Davis. Tom is taken into police custody the next day, and by Tuesday afternoon Jerry Rubin, Abbie Hoffman, Rennie Davis and Dave Dellinger lead a group of about 800 demonstrators from Grant Park to police headquarters at 11th and State to confront the police for arresting Tom. The crowd chant "Free Tom Hayden" as they march down Michigan Avenue. As they round the corner on 11th Street, they see a group of police officers decked out in riot gear occupying the middle of the street, ready for a confrontation. The group decide to turn everyone around and lead them back to the park, while Abbie and Dave stay to arrange for Tom's bail.

The demonstrators return to Grant Park to discover that three divisions of riot police have occupied the top of the hill in the park in their absence. Tensions are already high from the events of the day, and it isn't long before one of the demonstrators shouts, "Take the hill!" Crowds of demonstrators begin charging up the hill towards the riot police, who don gas masks and begin firing tear gas into the crowd and subduing the demonstrators with billy clubs. It is pandemonium. When the dust settles, dozens of demonstrators need to be treated for injuries, and the defendants survey the damage. "I'll be honest, I'm starting to worry about getting everyone out of Chicago alive," Tom says to Abbie. "This is what happened when we tried to go up a hill. We're not getting anywhere near the Convention."

Answer: The case against Bobby Seale is declared a mistrial.

The trial has reached Day 90, and Bobby Seale is still without legal representation. His requests to cross-examine witnesses called by the prosecution are all denied by Judge Hoffman, as is his motion pro se to defend himself. When a raid conducted by Chicago police the previous night on the home of Fred Hampton, head of the Chicago chapter of the Black Panther Party, results in Fred being shot and killed, Bobby has reached his limit. He repeats his objections the next day in court and becomes insolent when the Judge overrules his objections. Bobby also addresses the gallery, saying, "It was premeditated murder. Fred Hampton was assassinated last night!" Bobby provides a profanity laced response when being cautioned by the Judge, who has had enough. "Marshals, take that defendant into a room and deal with him as he should be dealt with," the Judge orders. Bobby is brought to a holding cell, where he is assaulted, placed in restraints and gagged.

Rennie passes a note to his co-defendants telling them to remain seated when the bailiff calls for all to rise for Judge Hoffman. When a bound and gagged Bobby is returned to the defendants' table by the marshals, Richard Schultz calls for a sidebar. "Your Honor, a defendant is gagged and bound in an American courtroom," the prosecutor begins. "At this time the Government would like to make a motion that Bobby Seale be separated from the rest of the defendants and his case be declared a mistrial." The Judge is incredulous. "You want me to give him his mistrial?" he asks. "Of course, because you took their Black guy and you made him a sympathetic character," Kunstler remarks sarcastically. The Judge tries his best to appear offended. "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," he says. "Then let the record show that I am the second," Weinglass says. Judge Hoffman has the lawyers return to their tables before issuing his ruling declaring a mistrial for the case against Bobby Seale and adjourning the trial to Monday. The courtroom erupts in cheers as the bailiff calls for everyone to stand for the Judge. As the jury members and people in the gallery rise to their feet, everyone at the Defense table keep their seats in solidarity with Bobby, except Tom Hayden, who stands up out of habit. He immediately remembers and sits back down, as a furious Judge Hoffman leaves the courtroom.

Answer: Some courage

"This is a political trial," Abbie had said on the first day of trial, but he was dismissed by his lawyer. "There are civil trials and there are criminal trials. There's no such thing as a political trial," Kunstler said.

After Bobby's mistrial, the defendants are discussing trial strategy with the Defense team, when Rennie has a thought. "You know what would be ironic?" he says. "If John Mitchell did all this just to get back at Ramsey Clark." When Tom asks what for, Rennie explains. "Outgoing cabinet members are supposed to resign as a courtesy, but Ramsey Clark didn't tender his resignation until an hour before..." As Rennie talks, Kunstler and Weinglass come to the same realization. "He was never even on our witness list," Kunstler says quietly. "Who?" Tom asks. "The first witness you'd put on the stand," Weinglass begins, leaving his thought to be completed by his co-counsel. "If this was a political trial," Kunstler finishes.

Kunstler, Weinglass and Tom Hayden pay a visit to Clark to get him to agree to be a witness for the Defense. When they arrive, they are surprised to find two members of the Justice Department in attendance. They are even more surprised to learn that Clark had invited them to be there. "Sir, these men are going to call Schultz and Foran as soon as we're done here," Kunstler points out. "Don't be ridiculous, they've already called Schultz and Foran and they're gonna call John Mitchell as soon as we're done here," Clark replies. "Go ahead, ask what you want to ask." Kunstler begins, but is almost immediately interrupted by the men from the Justice Department, and they all get into an academic argument over whether the Code of Federal Regulations prevents the former A-G from giving evidence. "What took you so long?" Clark asks, interrupting the argument. "I'm sorry, what took me so long to do what?" Kunstler asks, puzzled. "To realize I'm your star witness?" Clark replies. "I'm in private practice now and if John Mitchell wants to cut me in half, he can and he will." At this point, Tom Hayden throws in his two cents. "Sir, you have to find some courage now," he begins. "Find some courage?" Clark asks. Tom starts to repeat himself but is stopped by Weinglass. "That's what those two men came to tell me," Clark continues. "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?'" Kunstler is floored. "I'm sorry?" he asks. "Swear me in, Bill," Clark replies, before turning to address Tom. "Found some," he says.

Answer: False

The Prosecution object to the Defense calling Ramsey Clark, and the Judge will only allow them to demonstrate the relevance of his testimony by voir dire in the absence of the jury. Clark testifies that his office never intended to seek indictments against the Chicago 7, as his criminal division concluded that the riots were started by the Chicago Police Department, and that his counter-intelligence division found no evidence of any conspiracy between the defendants to incite violence during the Convention. "What happened on the first Tuesday after the first Monday in November of that year?" Kunstler asks. "Richard Nixon was elected president," Clark replies. Schultz objects. "It's well known there's no love lost between the witness and the sitting Attorney-General. This witness has been called to wage a political attack and should not be allowed to appear before the jury," he argues. "Your Honor, you cannot possibly be considering not allowing the jury to hear what we've just heard," Kunstler says. "He just testified that his own Justice Department came to the conclusion..." He is interrupted before he can finish. "The current Justice Department, which is the only one that matters, came to a new conclusion," Schultz offers. "And therefore the motivation of the prosecution has to be called into question," Kunstler replies. The Judge has heard enough. "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?" he asks. "You've ruled? You're not going to let the jury hear his testimony?" Kunstler asks, before trying to get the prosecution's political motivations on the record, which forces the Judge to dismiss Ramsey as a witness. "Just get to work on the appeal." Clark says quietly to Kunstler as he leaves the witness stand.

"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?" Kunstler asks. "No, that motion will be denied," the Judge rules. Kunstler returns to his seat, picks up a heavy book and slams it down loudly on the Defense table. "Cite Mr. Kunstler with his third count of contempt," the Judge orders.

Answer: "If blood is going to flow, let it flow all over the city."

Kunstler interrupts an argument between Tom and Abbie with important news. "Foran's office turned this over tonight in discovery. It was given to them by somebody in the crowd," he says, holding up an envelope containing a tape recording. "What's on the tape?" Tom asks. "The sound of you starting the Chicago riot," Kunstler replies. Everyone follows Kunstler into the war room, where he plays the tape on a reel-to-reel tape recorder. "You can't take the stand," Kunstler tells Tom. "If you take the stand they'll make you answer for it and you can't."

In flashbacks, we are brought back to the night of August 28 where the demonstrators are gathered in Grant Park in front of a stage. Dave is introducing a speaker, when the police begin assaulting a kid who had climbed up a flagpole. Rennie Davis intervenes, and he is clubbed on the back of his head for his trouble. Tom has seen everything from his vantage point on stage, and he grabs the microphone. "Rennie Davis has just been beaten by the police! Rennie's skull has been cracked open," he tells the crowd. "If blood is going to flow, let it flow all over the city! If gas is going to be used, let it come down all over Chicago! We're going to the Convention! Let's get on the street!" Tom's words whip the crowd of demonstrators up into a frenzy. Back in the war room, Kunstler repeats Tom's words. "'If blood is gonna flow, let it flow all over the city.' What was that, an order to start a peaceful demonstration?" he asks. "Our," Tom eventually says. "Our blood."

Answer: That Abbie should take the stand instead of Tom

Since the trial started, Tom has shown nothing but disdain for Abbie Hoffman and the Yippies, who Tom cannot take seriously. "What's your problem with me, Hayden?" Abbie eventually asks. "My problem is that for the next 50 years, when people think of progressive politics, they're gonna think of you," Tom replies. "They're gonna think of you and your idiot followers passing out daisies to soldiers and trying to levitate the Pentagon. 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."

Later, in the war room, it is Abbie who first realizes what Tom means when he says "our blood". "If 'our' blood is going to flow... You meant to say, 'If OUR blood is going to 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," Abbie explains to the stunned room. "You do this," Abbie says to Tom, before turning to address Kunstler. "He does this, it's a pattern. Read his portion of the Port Huron Statement. He implies possessive pronouns and uses vague noun modifiers." A surprised Tom stares at Abbie. "You read the Port Huron Statement?" he asks. "I've read everything you've published. You're a talented guy," Abbie says. "Except for the possessive pronouns and the vague noun modifiers." Tom looks over to Abbie for a moment, then turns to Kunstler. "Put Abbie on the stand instead," he says.

Answer: The Bible

Kunstler calls Abbie to the stand. "Abbie, do you know why you're on trial here?" he asks. "We carried certain ideas across state lines," Abbie explains. "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."

During cross-examination, Schultz asks Abbie what he thought of Tom's instruction to the crowd on the night of the riot. "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," Abbie explains. "'If blood is gonna flow...' - How do you take that out of context?" Schultz asks. "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?" Abbie asks. "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." Some of the jury members nod along with Abbie's testimony. "He'd just seen his best friend get hit in the head with a nightstick. The police, Mr. Schultz, whose people are they?" Abbie asks.

"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," Schultz says. "Well, if I'd known it was going to be the first wish of mine that came true I would've aimed a lot higher," Abbie replies. "It's a yes or no question. When you came to Chicago were you hoping for a confrontation with the police?" Schultz asks. Abbie remains silent. "I'm concerned you have to think about it," Schultz presses. "Gimme me a moment, would you friend?" Abbie replies. "I've never been on trial for my thoughts before."

Answer: Subservient

At the start of the trial, Rennie had shown Tom a list he was maintaining of all the Americans killed in Vietnam since the day they were arrested. "With the trial starting it might get easy to forget who this is about," Rennie explained.

At the end of the trial, Froines and Weiner are acquitted of all charges but the remaining five defendants are all convicted of crossing state lines with intent to incite a riot. "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?" the Judge asks. Tom stands and confirms that is correct. "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," the Judge begins. "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?" Tom considers the instruction from the Judge. "Yes," he says tentatively. "You'll look favorably in sentencing. If I make my statement respectful and remorseful." The Judge answers in the affirmative. "I'm sorry, Your Honor, what was the third one?" Tom asks. "Brief," the Judge replies. Tom nods his head. "If I do these things, my government will look favorably on me," he says. Satisfied, the Judge indicates for Tom to proceed. "Your Honor, since this trial began, 4,752 U.S. troops have been killed in Vietnam. And the following are their names," Tom says, as he picks up a notepad and begins reading the names and ages of all the fallen into the record. The Judge begins banging his gavel in an attempt to restore order, but Tom is undeterred. As he reads, the defendants and lawyers at the Defense table rise to their feet to show respect for the dead, to cheers from the gallery. They are joined by supporters from the gallery, and eventually even Schultz rises to his feet. In intertitles over the reading of the names and cheering from the spectators, we learn that Abbie Hoffman, Tom Hayden, David Dellinger, Jerry Rubin and Rennie Davis were sentenced to 5 years each in federal prison, but that the verdict was overturned on appeal and a new trial ordered. The U.S. Attorney declined to re-try the case.