Scene
1 -
Echoes of Turmoil: The Vietnam Draft and Assassinations
THE TRIAL OF THE CHICAGO 7
Written by
Aaron Sorkin
FADE IN:
1 LYNDON JOHNSON addresses a television camera (FILE FOOTAGE) 1
LYNDON JOHNSON
I have today ordered to Vietnam the
Air Mobile Division and certain
other forces which will raise our
fighting strength from 75,000 to
125,000 almost immediately. This
will make it necessary to increase
our active fighting forces by
raising the monthly draft from
17,000 to 35,000 per month.
MUSIC crashes in that will take us through the prologue--a
nation coming off the rails.
2 INT. LOTTERY DRAWING - DAY (FILE FOOTAGE) 2
A few well-scrubbed young men from the Youth Draft Advisory
Committee stand over a goldfish bowl containing capsules. One
of the young men pulls a capsule and reads it as if someone’s
won something--
YOUNG MAN
June 3rd. All those whose birthday
falls on June 3rd--
3 INT./EXT MAILBOXES - DAY/NIGHT 3
We see a SERIES OF TIGHT SHOTS of different kinds of
mailboxes being opened--rural, suburban, apartment building,
etc., all of it under--
REPORTER #1 (V.O.)
President Johnson announced new
monthly draft totals increasing to
35,000 per month--
REPORTER #2 (V.O.)
43,000 per month--
REPORTER #3 (V.O.)
51,000 per month--
REPORTER #4 (V.O.)
382,386 men between the ages of 18
and 24 have now been called to
duty.
4 EXT. RURAL MAILBOX TREE - DAY 4
A line of mailboxes sit on the side of a rural road. One of
them is open. We move down and see mail scattered at the feet
of a young black man, 18, slumped down on the ground, his
induction notice shaking in his hands.
MARTIN LUTHER KING (V.O.)
It should be incandescently clear
that no one who has any concern for
the integrity of life in America
today can ignore the present war--
5 INT. BALLROOM - NIGHT (FILE FOOTAGE) 5
KING continues--
MARTIN LUTHER KING
If America’s soul becomes poisoned,
part of the autopsy must read
“Vietnam”,
And we HEAR the rifle shot that killed him RING OUT as we
FLASH CUT TO:
6 FAMOUS PHOTOGRAPH--(FILE FOOTAGE) 6
Three men pointing in unison to where the shot came from.
7 EXT. CAMPAIGN RALLY - NIGHT (FILE FOOTAGE) 7
It’s pouring rain and Robert Kennedy is talking to a crowd of
people who have just heard the news--
ROBERT KENNEDY (V.O.)
What we need in the United States
is not hatred, but love and wisdom.
So I ask you to return home and say
a prayer for the family of Martin
Luther King.
We HEAR the GUN SHOT that killed Kennedy--
8 INT. AMBASSADOR HOTEL - NIGHT (FILE FOOTAGE) 8
As screaming chaos engulfs the candidate.
9 INT. LOTTERY DRAWING - DAY (FILE FOOTAGE) 9
YOUNG MAN
April 22nd. All those whose
birthday falls on April 22nd--
The MUSIC CONTINUES--
Genres:
["Historical Drama"]
Ratings
Scene
2 -
Rallying Voices: The Call to Protest
10 INT. CAMPUS AUDITORIUM - NIGHT 10
RENNIE
We were there.
RENNIE DAVIS, mid-20’s, wearing a short-sleeved white shirt
and tie, is speaking to a standing room only crowd of
students. In contrast to the cliche of the times, most of the
students are fairly conservatively dressed. On the movie
screen is footage of a Vietnamese village--
RENNIE (CONT'D)
We didn’t see Vietnamese soldiers.
What we saw were population
centers. Schoolhouses, pagodas,
women and children.
Suddenly the movie screen fills with huge explosions of
yellow, black and searing white.
RENNIE (CONT'D)
And that’s American napalm. The
women and children were burned
alive. Tom?
TOM HAYDEN steps out from the darkness. He’s 30, handsome and
serious.
TOM
The Democratic Party is going to
nominate Hubert Humphrey next month
in Chicago.
We ID the two men with a chyron--
Tom Hayden Rennie Davis
Leaders of the Students for a Democratic Society (SDS)
TOM (CONT'D)
When it comes to the war, when it
comes to social justice, there’s
simply not enough of a difference
between Hubert Humphrey and Richard
Nixon to make a difference.
APPLAUSE--
TOM (CONT'D)
And so we’re going to Chicago.
The APPLAUSE BUILDS--
TOM (CONT'D)
Young people by busloads will go to
Chicago to show our solidarity and
our disgust and most importantly--
11 UNDERGROUND CLUB - NIGHT 11
ABBIE
--to get laid by someone you just
met.
The place is seedy and packed with people and smoke.
JERRY
536,000 of us sent to a country not
one of these bumper sticker
patriots in Washington could find
on a map with a motherfuckin’ map!
We ID the two men with a chyron--
Abbie Hoffman Jerry Rubin
Leaders of the Youth International Party (Yippies)
ABBIE
We’re goin’ to Chicago. Anyone who
stays in the park, sings Woody
Guthrie, they’re gonna be fine. 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 going
peacefully, but if we’re met there
with violence, you better believe
we’re gonna meet that violence with-
-
Genres:
["Drama","Historical"]
Ratings
Scene
3 -
Preparing for Peace: A Family's Dialogue on Non-Violence
12 EXT. SUBURBAN DRIVEWAY - DAY 12
DAVE
Non-violence. Always non-violence
and that’s without exception.
DAVE, 55, who looks like (and is) a Boy Scout Troop leader,
is talking to his wife and young son as he loads a suitcase
and some material for making placards into an old station
wagon.
We ID the man with a chyron--
David Dellinger
Leader of the Mobilization to End the War in Vietnam (The
Mobe)
SON
What if the police start hitting
you?
DAVE
Why would the police start hitting
me?
SON
What if they do?
DAVE
I’ll duck.
MRS. DELLINGER
David. He watches the news.
DAVE
Why?
MRS. DELLINGER
You taught him to!
DAVE
Guys. I’ve organized a hundred
protests. This one isn’t going to
be any different in that it almost
certainly won’t work. The police--
MRS. DELLINGER
I’m not worried about the police.
And I’m not worried about Hayden
and Rennie Davis. I’m worried about
Hoffman and Rubin.
DAVE
It’s the Democratic National
Convention, honey, every camera in
America is gonna be pointed at it
and Daley isn’t gonna let his city
become a theater of war. And
Hoffman and Rubin are geniuses...in
their own special way.
MRS. DELLINGER
Oh Jesus--
DAVE
(re the SON)
He’s got a Scout meeting tonight at
SON
Dad--
DAVE
If the police try to arrest me I’ll
do what I always do and what I’ve
taught you to do, which is what?
(beat)
Which is what? Tell me, bud.
SON
Very calmly and very politely--
Genres:
["Drama","Historical"]
Ratings
Scene
4 -
Defiance at the Headquarters
13 INT. BLACK PANTHER HEADQUARTERS - NIGHT 13
BOBBY
Fuck the motherfuckers up.
BOBBY, 32, is talking to his girlfriend, SONDRA, and getting
ready to leave. We’ll get a tour of Panther headquarters--
printing presses, maps, guns, body guards and women, a few of
them white.
BOBBY (CONT'D)
They leave us alone and
everything’s cool. They tangle,
disrupt, intimidate, they play it
fast and loose with the First
Amendment--
SONDRA
Robert--
BOBBY
--they start breaking heads, then
no, we will not be on our way.
We ID BOBBY with a chyron--
Bobby Seale
National Chairman of the Black Panther Party
SONDRA
You can’t give this speech in
Chicago.
BOBBY
Fred Hampton wants me there.
SONDRA
Let Fred give the speech.
BOBBY
Between Hayden and Hoffman there
could be five-thousand people. It’d
be nice to talk to five-thousand
people.
SONDRA
Not while you’re in trouble in
Connecticut.
BOBBY
Yes while I’m in trouble in--I’m
the head of the Black Panthers,
Sondra, when the hell am I not
gonna be in trouble?!
SONDRA
You’re gonna be in a lot more of it
if you stand up and say “Fry the
pigs”!
BOBBY
“If they attack you”, you’re taking
it out of context.
SONDRA
So will every white person in
America, cops won’t give a shit
about context and you don’t have
enough protection in Chicago!
BOBBY
There’s no place to be right now
but in it.
SONDRA
But fry the pigs?
BOBBY
“IF THEY--
SONDRA
Dr. King--
BOBBY
--is dead! He has a dream? Well 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
peaceful. We’re gonna try something
else.
(pause)
Sondra, I’ll be there for four
hours, that’s it.
SONDRA takes a pistol from a rack--
SONDRA
You at least gonna take one of
these?
BOBBY
If I knew how to use that I
wouldn’t need to make speeches.
14 CLOSE ON A TYPEWRITER 14
We see shards of an FBI confidential memo being banged out--
--Bureau letter of 5/10/68 instructed all offices to submit
detailed analysis of potential counter-intelligence action
against New Left organizations and Key Activists--
Genres:
["Drama","Political"]
Ratings
Scene
5 -
Ignition of Rebellion
15 INT. COLLEGE CLASSROOM - DAY 15
JERRY’s demonstrating to the students--
JERRY
It’s named after the Russian
Commissar Vyacheslav Mikhailovich
Molotov. You start with a glass
bottle.
16 CLOSE ON TYPEWRITER 16
--believe that the non-conformism in dress and speech,
neglect of personal cleanliness--
17 COLLEGE CLASSROOM 17
JERRY
You pack the styrofoam, and now
your cherry bomb...
18 CLOSE ON TYPEWRITER 18
--use of obscenities, drugs, sexual promiscuity--
19 COLLEGE CLASSROOM 19
JERRY
Some chewing gum around the top.
20 CLOSE ON TYPEWRITER 20
--these individuals are apparently getting strength and more
brazen in their attempts to destroy American society--
21 COLLEGE CLASSROOM 21
JERRY lights a cigarette and fixes it to the top of the
bottle with the chewing gum.
JERRY (CONT'D)
And a fuse.
22 EXT. STREET - NIGHT 22
It’s almost completely dark as we hear a student shout--
STUDENT
Now!
And a small group of students throw Molotov cocktails which
crash against the facade of a campus building. The explosions
light up the building and reveal that it’s a U.S. ARMED
FORCES RECRUITMENT CENTER.
Genres:
["Drama","Political","Historical"]
Ratings
Scene
6 -
Divided Strategies: Focus vs. Provocation
23 INT. SDS OFFICE - NIGHT 23
TOM HAYDEN’s looking at a homemade map on the wall of the
route from Grant Park to the convention center as volunteers
roll out leaflets on a printing press. RENNIE DAVIS is on the
phone.
TOM
(calling)
Is that Jerry?
RENNIE
Yeah.
TOM
Tell him to tell Abbie that we’re
going to Chicago to end the war and
not to fuck around.
RENNIE
(into phone)
Tom says to tell Abbie that we’re
going to Chicago to end the war and
not to fuck around.
INTERCUT WITH:
24 INT. CRASH PAD - SAME TIME 24
JERRY’s on the phone and ABBIE’s getting high with some
friends.
JERRY
Hayden says we’re going to Chicago
to end the war and not to fuck
around.
ABBIE
Tell Hayden I went to Brandeis and
I can do both.
25 INT. UNDERGROUND CLUB - NIGHT 25
It’s the same place and the same night we first saw ABBIE and
JERRY.
ABBIE
People say, you know, Abbie, are
you concerned about an overreaction
from the cops?
26 INT. PRESS ROOM - DAY (FILE FOOTAGE) 26
MAYOR RICHARD DALEY at the podium--
DALEY
I have issued by an order to shoot
to kill any arsonist or anyone with
a Molotov cocktail in his hand.
27 INT. UNDERGROUND CLUB 27
ABBIE
We’re not concerned about it.
28 EXT. TARMAC - DAY (FILE FOOTAGE) 28
Rows and rows of National Guardsmen are coming off a
transport plane--
REPORTER #5
Four units of the Illinois National
Guard, totaling 5000 troops, have
been deployed to Chicago--
29 INT. UNDERGROUND CLUB 29
ABBIE
We’re counting on it.
Genres:
["Drama","Political","Historical"]
Ratings
Scene
7 -
Tensions Rise: The Calm Before the Storm
30 INT. PRESS CONFERENCE - DAY 30
TOM is at the podium--
TOM
We want to underscore again that
we’re coming to Chicago peacefully,
but whether we’re given permits or
not, we’re coming.
31 EXT. TRAINING GROUND - DAY (FILE FOOTAGE) 31
A REPORTER is delivering his stand-up as riot police practice
technique with tear gas canisters.
REPORTER #6
An additional 10,000 Chicago police
officers, including riot squads--
32 INT. A DIFFERENT PRESS CONFERENCE - DAY 32
DAVE DELLINGER is at the podium.
DAVE
We are not going to storm the
Convention with tanks or mace, but
we are going to storm the hearts
and minds of the American people.
33 INT. CITY HALL PRESS CONFERENCE - DAY (FILE FOOTAGE) 33
GOVERNMENT OFFICIAL
These people are revolutionaries
bent on the destruction of the
United States of America.
34 INT. CONVENTION CENTER - NIGHT (FILE FOOTAGE) 34
The huge arena is empty but we see the familiar signs for
each state’s delegation. WALTER CRONKITE speaks into the
camera very simply...
WALTER CRONKITE
A Democratic Convention is about to
begin...in a police state. There
just doesn’t seem to be any other
way to say it.
FADE TO BLACK
TITLE:
The Trial of the Chicago 7
Genres:
["Drama","Historical"]
Ratings
Scene
8 -
A Moment in History
35 EXT./EST. JUSTICE DEPARTMENT - DAY 35
It’s a grey, rainy morning.
TITLE:
U.S. Department of Justice
Office of the Newly Appointed Attorney General, John Mitchell
36 INT. MITCHELL’S OUTER OFFICE - DAY 36
RICHARD SCHULTZ and THOMAS FORAN are waiting on the couch.
SCHULTZ, 33, is a bright lawyer with a pleasant if serious
manner. FORAN is his boss. From their body language we can
tell they’ve been called to the principal’s office.
We ID the two men with a chyron--
Richard Schultz Thomas Foran
Federal Prosecutors
SECRETARY
You’ve arrived at a moment in
history.
SCHULTZ wasn’t sure what she just said or if she was even
talking to him...
SCHULTZ
(pause)
Pardon me?
SECRETARY
(pointing)
They’re changing the picture.
Sure enough, when SCHULTZ looks at what the secretary is
talking about he sees a workman swapping out a large framed
photo on the wall of Lyndon Johnson with one of Richard
Nixon.
SCHULTZ nods.
The office door opens and HOWARD, a high-level Justice
Department deputy steps out.
HOWARD
Tom.
FORAN
Howard.
HOWARD
You flew in alright?
FORAN
Sure.
HOWARD
Richard Schultz?
SCHULTZ
Yes sir.
HOWARD
Howard Ackerman, Special Advisor to
the Attorney General.
SCHULTZ
Pleased to meet you.
HOWARD
Were you told what this is about?
SCHULTZ
No sir. Just to meet Mr. Foran at
O’Hare this morning, that we were
flying to Washington and that we
were meeting Mr. Mitchell.
HOWARD
Good.
(noticing)
They’re finally changing the
goddamn picture. C’mon in.
They follow HOWARD into--
Genres:
["Drama","Political"]
Ratings
Scene
9 -
The Weight of Authority
37 INT. JOHN MITCHELL’S OFFICE - CONTINUOUS 37
JOHN MITCHELL is standing behind his desk, lighting a
cigarette.
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 them. You know when
President Nixon received Ramsey
Clark’s formal letter of
resignation?
SCHULTZ
No, sir.
MITCHELL
About an hour before I was
confirmed. That was to embarrass
me. I don’t know, I think it was
more embarrassing for Ramsey Clark.
I’m John Mitchell.
FORAN
Thomas Foran, Mr. Attorney General,
and this is Richard Schultz.
MITCHELL
Richard, Chicago was more fucked up
than any ten things I’ve ever seen
in my life.
SCHULTZ
Sir?
HOWARD
The convention. The riots.
SCHULTZ
Yes sir.
MITCHELL
Johnny Walker okay with everybody?
FORAN
Thank you.
MITCHELL
Richard?
SCHULTZ
Nothing for me, thank you.
MITCHELL
We don’t know how Humphrey’s people
could’ve been that stupid--allow
their guy to get nominated under
armed guard.
(to SCHULTZ)
You think that’s what lost him the
election?
SCHULTZ
Sir?
MITCHELL
Son, are you nervous?
SCHULTZ
No sir.
MITCHELL
Why the fuck not?
(beat)
I’m kidding. Don’t believe
everything you’ve heard about me.
Ramsey Clark gives me the finger on
the way out the door. I’m asking if
you think Chicago is why Humphrey
lost the election.
SCHULTZ
No sir, I think the Republicans ran
a better candidate.
MITCHELL
That’s for damn sure.
HOWARD
And Daley didn’t help his party
either but Humphrey’s people and
Daley didn’t break the law so
that’s someone else’s table.
SCHULTZ
Well as a matter of fact, sir, we
don’t believe any federal laws were
broken last summer. Mr. Foran had
our office run a thorough
investigation. Plenty of
trespassing, destruction of public
property, lewd behavior I suppose,
but--
MITCHELL starts laughing. So does HOWARD. So SCHULTZ stops
talking for a brief moment before--
SCHULTZ (CONT'D)
...nothing rising to the level of--
MITCHELL
Do 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?
SCHULTZ
Sir, our office wasn’t aware the
Justice Department wanted to seek
any indictments at all.
MITCHELL
We do.
SCHULTZ
Ramsey Clark was dead set against
bringing federal--
MITCHELL
Ramsey Clark doesn’t run the
Justice Department anymore, did you
hear about that? And Mr. Johnson’s
back home in Texas.
SCHULTZ
Of course, sir.
MITCHELL
One hour before my confirmation
hearing gaveled, that’s when he
resigned. What a prick.
SCHULTZ
It was unprofessional, sir.
MITCHELL
Unprofessional, it was unpatriotic.
And I’ll tell you what else--it was
impolite. There’s such a thing as
manners. I want to bring back
manners, how ‘bout 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 and he
said you.
SCHULTZ
Thank you.
HOWARD tosses SCHULTZ a file--
HOWARD
Section 2101 of Title 18.
MITCHELL
That’s the federal law that was
broken.
SCHULTZ
That’s the Rap Brown law.
HOWARD
Conspiracy to Cross State Lines in
Order to Incite Violence. It comes
with a ten-year maximum and we want
all ten.
SCHULTZ
For whom, sir?
HOWARD tosses SCHULTZ another file--
HOWARD
The all-star team.
SCHULTZ looks at the top page in the file--
SCHULTZ
Abbie Hoffman, Jerry Rubin, Tom
Hayden, Rennie Davis, Dave
Dellinger, Lee Weiner, John
Froines...and Bobby Seale?
MITCHELL
I call them the schoolboys, and
when I do, everyone here knows who
I’m talking about. Petulant and
dangerous.
(MORE)
MITCHELL (CONT'D)
And we’ve watched for a decade
while these rebels without a job
who’ve never bothered to get 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 30’s in a federal facility.
Real time.
FORAN
You’re lead prosecutor, Richard.
You understand why I couldn’t tell
you until we got here.
SCHULTZ
Sure. Yes sir.
There’s an awkward silence...
HOWARD
Richard, you’re being given the
ball, are you ready to do this?
SCHULTZ
You pay me for my opinion.
MITCHELL
What?
SCHULTZ
I said, sir, you pay me for my
opinion?
MITCHELL
Where did you learn that, in class?
I pay you to win.
SCHULTZ
I’m not sure we can get a good
indictment on conspiracy.
MITCHELL
Why not?
SCHULTZ
For one thing, some of these people
had never met each other.
MITCHELL
Telephones.
SCHULTZ
Mr. Attorney General, the Rap Brown
law was created by southern whites
in Congress to limit the free
speech of black activists.
(beat)
Civil Rights activists who were
coming in from the--
MITCHELL
I know why it was--why the fuck is
he teaching--It doesn’t matter to
why the law was passed, it matters
what it can do.
SCHULTZ
We’re not sure what it can do
because no one’s ever been charged
with it.
FORAN
That makes it exciting, it’s virgin
land. Undeveloped real estate.
MITCHELL
It’s a law and they broke it.
SCHULTZ
Of course.
MITCHELL
Is there a problem?
SCHULTZ
No sir.
MITCHELL
Say what you want to say since
apparently I’m paying you for your
wisdom. Gimme my money’s worth.
SCHULTZ
There will be people who’ll see
this as the Justice Department
restraining free speech and there
will people who’ll see these men as
martyrs.
MITCHELL
Are any of those people in this
room?
SCHULTZ
(beat)
No sir.
MITCHELL
You’re 33 and you’re about to be
named lead prosecutor in the most
important trial in your lifetime
after having been hand-picked by
the Attorney General, I’m about to
do it right now. But before I do,
let me ask you, how do you see
them?
SCHULTZ
(beat)
Personally or in terms of--
MITCHELL
Personally.
SCHULTZ
I see them as vulgar, anti-
establishment, anti-social and
unpragmatic, but none of those
things are indictable.
MITCHELL
Then imagine how impressed I’ll be
when you get an indictment.
SCHULTZ
And there’s the bigger question.
MITCHELL
Which is?
SCHULTZ
Who started the riot? Was it the
protestors or was it the police?
MITCHELL
The police don’t start riots.
SCHULTZ
They’ll have witnesses who’ll say
they started this one.
MITCHELL
And you’ll dismantle them. And
you’ll win. Because, Mr. Schultz,
that’s what’s expected of you.
SCHULTZ
(beat)
Yes sir.
38 INT. MITCHELL’S OUTER-OFFICE - DAY 38
As SCHULTZ and FORAN step out and the door closes behind
them.
FORAN
(quietly)
You didn’t show a lot of gratitude
in there.
SCHULTZ
(quietly)
On top of everything else, we’re
giving them exactly what they want--
a stage and an audience.
FORAN
You really think it’s going to be a
big audience?
And we HEAR a CROWD start to chant--faint at first but then
growing in volume--
CROWD (V.O.)
The whole world is watching! The
whole world is watching! The whole
world is watching!...
SCHULTZ closes his eyes for a moment and shakes his head
slightly at the cluelessness of Foran’s question.
SCHULTZ
Yes sir, I do.
And SCHULTZ exits first as we
CUT TO:
Genres:
["Drama","Legal","Political"]
Ratings
Scene
10 -
Chaos and Camaraderie at the Courthouse
39 EXT. COURTHOUSE - DAY 39
We see the source of the chanting--a massive crowd being held
back by rope lines and police officers. While most of the
crowd is shouting its support of the defendants, a healthy
number are making it clear they find the defendants’ hair too
long and politics too left and are urging them to go live
someplace else.
We whip-pan to different signs: “Free the Chicago 7”; “Out of
Vietnam Now!”; “What About White Civil Rights?”; “Love It Or
Leave It!”, etc.
A40 INT. COURTHOUSE ROTUNDA - SAME TIME A40
A couple of POLICE OFFICERS escort ABBIE and JERRY through
the front doors and through the rotunda. Press and
photographers are being held back by a velvet rope as
flashbulbs spray--
ABBIE
You alright?
JERRY
I was until I saw this.
ABBIE
Most of them are on our side.
Someone from the crowd shouts out--
CROWD MEMBER
(shouting)
We love you, Abbie!
ABBIE turns to flash the guy a peace sign when the guy throws
an egg at him. Incredibly, JERRY grabs the egg out of the air
without breaking it as the POLICE OFFICERS head into the
crowd to find the guy who threw it.
ABBIE
Jesus Christ. How did you do that?
JERRY
Experience.
JERRY stands there a moment...
ABBIE
You don’t know what to do with the
egg now, do you.
JERRY
No.
They head through the rotunda as we--
CUT TO:
Genres:
["Drama","Political","Historical"]
Ratings
Scene
11 -
Pressing Questions in the Courthouse
40 INT. COURTHOUSE CORRIDOR - DAY 40
The corridor’s lined with press. The elevator dings and the
doors open as WILLIAM KUNSTLER and LEONARD WEINGLASS step
off. KUNSTLER is a rumpled man in his 40’s and WEINGLASS is
quieter though no less a legal mind.
The reporters immediately start shouting questions.
KUNSTLER
Hang on, quiet down please. 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.
REPORTER (SY)
Bill, can you tell us--
KUNSTLER
(quieting the others)
Go ahead, Sy.
SY
Can you tell us the status of
Charles Garry?
KUNSTLER
Charles Garry is still in the
hospital and you should contact his
office for information. Marjorie.
MARJORIE
Does that mean you’re representing
Bobby Seale today?
KUNSTLER
It’s very important that it be
understood that for his own
protection, I am not acting as
Bobby Seale’s attorney today. One
more. Jack.
JACK
Bill, I was told that it was Hayden
who wanted to bring Mr. Weinglass
in. That Hayden has concerns about
your seriousness.
KUNSTLER
Well--
WEINGLASS
This is William Kunstler. You want
to find out how serious he is, meet
him at a witness stand.
KUNSTLER
Thank you, ladies and gentlemen.
KUNSTLER and WEINGLASS head into--
Genres:
["Legal Drama","Political Drama"]
Ratings
Scene
12 -
Chaos in the Courtroom
41 INT. COURTROOM - CONTINUOUS 41
The gallery is packed with diehard supporters of the
defendants as well as a full press section in the back.
There’s more than the usual amount of security and we’ll
notice a half-dozen MARSHALS wearing blue blazers and badges.
DAVID DELLINGER is talking to the WIFE and SON we met
earlier.
SCHULTZ, FORAN and an ASSISTANT are talking at the
prosecutor’s table.
We move down and find JOHN FROINES and LEE WEINER already at
the defense table. FROINES and WEINER are Rosencrantz and
Guildenstern and are never separated.
FROINES
Weiner.
WEINER
Yeah.
FROINES
I get why they’re trying to smoke
Abbie and Jerry and Hayden, even
Rennie and Dellinger, but for the
life of me I can’t figure out what
the two of us are doing here.
WEINER
I feel exactly the same way. But
this is the Academy Awards of
protest and as far as I’m concerned
it’s an honor just to be nominated.
We move down the defense table where TOM is sitting next to
RENNIE. TOM points to a piece of paper in front of RENNIE...
TOM
What is that?
RENNIE
I’ve been keeping a list every day.
Americans who’ve been killed since
the day we were arrested.
TOM
Why?
RENNIE
With the trial starting it might
get easy to forget who this is
about.
TOM nods a little.
KUNSTLER and WEINGLASS takes their seats at the defense table
next to TOM and RENNIE.
KUNSTLER
Fellas.
RENNIE
Good morning.
WEINGLASS
Good morning.
TOM
Good morning.
KUNSTLER
(quietly to TOM)
I just got a question about my
seriousness. Whatever’s going on
between you and Abbie, keep it out
of this building.
TOM
I just feel like this is gearing up
to be--
A heavy door on the side of the courtroom opens with a bang
and BOBBY SEALE, handcuffed and in prison coveralls, is
brought in by two MARSHALS.
A group of 8 or so African-Americans sitting together in
front, along with FRED HAMPTON--21, handsome and a steady
leader.
KUNSTLER moves so he can talk to both BOBBY and FRED
privately.
KUNSTLER
Fred.
FRED
Bill.
KUNSTLER kneels down next to BOBBY--
KUNSTLER
(quietly)
Did you have breakfast this
morning?
BOBBY
(pause)
What?
KUNSTLER
Did you have breakfast?
BOBBY
I did.
KUNSTLER
What’d you have?
FRED
What are you doing?
KUNSTLER
I’m talking to him about breakfast
because that’s the only thing I’m
allowed to talk to him about.
FRED
That’s right.
KUNSTLER
Bobby--
FRED
We have instructions from our
lawyer.
KUNSTLER
If you need me I’m sitting right
there. You just look at me and say,
“I need you”.
FRED
We don’t need you.
BOBBY
You two gonna be like this?
KUNSTLER
(to BOBBY, re: the African-
Americans in the gallery)
They shouldn’t sit together. The
jury’s not gonna like that look.
BOBBY
This isn’t my jury. And if they
don’t like the look, they can--
FRED
No, he’s right.
(to the group)
Spread out, okay? In pairs.
KUNSTLER
And Fred?
KUNSTLER makes a subtle gesture to his head to indicate that
they should take off their berets.
BOBBY
No, they’re dressed just fine.
FRED
It’s alright.
(to the group)
Take your very scary hats off.
(back to KUNSTLER)
Don’t mess us up.
KUNSTLER
Alright, good pep talk.
KUNSTLER goes back to his seat just as ABBIE and JERRY are
sitting down.
ABBIE
You see the crowd out there?
JERRY
I have an egg.
KUNSTLER
Get rid of that.
JERRY
You don’t think I want to?
ABBIE
It’s like we’re, you know,
whatshisname, we just met him.
JERRY
Yeah.
ABBIE
(beat)
What is his name?
JERRY
Who?
ABBIE
The drummer. The greatest drummer
ever.
JERRY
Gene Krupa?
ABBIE
No, I’m talkin’ about--Gene Krupa?--
I’m talkin’ about the drummer for
Cream, we just met him last night.
JERRY
Ginger Baker.
ABBIE
Thank you. The crowd outside is so
big it’s as if we’re Ginger Baker,
is what I was trying to say.
KUNSTLER
Are you stoned?
ABBIE
Yeah. You?
KUNSTLER goes back to his seat and settles in. Then he turns
to TOM--
KUNSTLER
(quietly)
You remember what I said.
TOM
Okay, and you remember to keep us
out of prison.
KUNSTLER
A lot of good advice this morning.
The heavy wooden door behind the bench opens--
BAILIFF
All rise!
--and JUDGE HOFFMAN takes his place at the bench. It’s not
entirely clear whether HOFFMAN is a bad judge, in the tank
for the prosecution, experiencing early senility or a
combination of all three.
BAILIFF (CONT'D)
Hear yea, hear yea. September 26,
1969, 10 o’clock A.M. All persons
having business before the United
States District Court of Northern
Illinois, Southern District,
Eastern Division draw near and they
shall be heard. Judge Julius
Hoffman presiding. God save the
United States of America and this
Honorable Court.
JUDGE HOFFMAN
Mr. Marshal, bring in our jury.
The jury is led in as JUDGE HOFFMAN continues...
JUDGE HOFFMAN (CONT'D)
As I look out into the gallery I
see we have a full house. Some of
you started forming a line early
this morning. I’ll caution you that
this isn’t a sporting event. Let
the record show that we’ve been
joined by our twelve jurors and
four alternates. Mrs. Winter,
please call the case.
MRS. WINTER
69 CR 180, United States of America
vs. David Dellinger, Rennard C.
Davis, Thomas Hayden, Abbott
Hoffman, Jerry C. Rubin, Lee
Weiner, John R. Froines and Bobby
G. Seale for trial.
JUDGE HOFFMAN
Are the People ready to make
opening arguments?
SCHULTZ
(standing)
We are, Your Honor.
TITLE:
Trial Day 1
BOBBY stands--
BOBBY
I don’t have my lawyer here.
JUDGE HOFFMAN
It’s not your turn to speak.
BOBBY
My trial’s begun without my lawyer.
JUDGE HOFFMAN
Please sit. Mr. Schultz?
SCHULTZ takes a moment and begins--
SCHULTZ
Good morning, my name is Richard
Schultz and I’m an Assistant U.S.
Attorney for the Southern District
of Illinois. Seated at my table is
my boss, U.S. Attorney Thomas
Foran. I guess you could say I’m
seated at his table. At the defense
table are the eight defendants
represented by their lawyers,
William Kunstler and Leonard
Weinglass. The defendants would
tell you they represent three
different groups. They would tell
you that one group--
JUDGE HOFFMAN
Excuse me.
SCHULTZ
Yes sir.
JUDGE HOFFMAN
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.
There’s an awkward silence...is he done?
SCHULTZ
Thank you, sir.
JUDGE HOFFMAN
I didn’t want there to be confusion
on the matter.
ABBIE
Man, I don’t think there’s much
chance they’re going to mix us up.
The gallery LAUGHS a little...
JUDGE HOFFMAN
You will address this Court as
Judge or Your Honor and you will
not address this Court until--you
will not address this Court.
TOM is dying a little but stays cool.
SCHULTZ
The defendants would tell you they
represent three different groups.
JUDGE HOFFMAN
And the record should reflect that
defendant Hoffman and I aren’t
related.
ABBIE
Father no!
JUDGE HOFFMAN
Mr. Hoffman, are you familiar with
contempt of court?
ABBIE
It’s practically a religion for me,
sir.
The gallery LAUGHS and TOM adjusts in his chair.
SCHULTZ
(pause)
Your Honor?
JUDGE HOFFMAN
Continue.
SCHULTZ
Rennie Davis and Tom Hayden are the
leaders of the SDS--Students for a
Democratic Society. Hayden and
Davis 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.
(MORE)
SCHULTZ (CONT'D)
Bobby Seale is the leader of the
Black Panther Party. The defendants
would tell you these are three
distinct groups, but they’re all--
BOBBY
(standing)
Excuse me.
JUDGE HOFFMAN
Yes?
BOBBY
May I speak?
JUDGE HOFFMAN
No sir.
BOBBY
He just said my name.
JUDGE HOFFMAN
You’re a defendant in this case,
you’re likely to hear your name.
BOBBY
I have a right to counsel and His
Honor knows that.
JUDGE HOFFMAN
Don’t tell the Court what it does
and doesn’t know. Be seated.
BOBBY sits.
JUDGE HOFFMAN (CONT'D)
Mr. Schultz.
SCHULTZ
...the radical left, that’s all.
They’re the radical left in
different costumes. The eight
defendants had a plan. 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. The plan
was to incite a riot. And there’s
one thing you already know. They
succeeded.
JUDGE HOFFMAN
Excuse me. Have we identified the
other defendants for the record?
Mr. Weener?
WEINER
Weiner.
JUDGE HOFFMAN
Mr. Froines and Mr. Dillinger?
DAVE
Dellinger.
JUDGE HOFFMAN
(pause)
What is going on here?
SCHULTZ
You’re Honor, you’re referring to
the defendant Dellinger.
JUDGE HOFFMAN
Derringer.
SCHULTZ
Dellinger, sir.
JUDGE HOFFMAN
Note the prosecution was referring
to the defendant Derringer, not
Dellinger.
KUNSTLER
It is Dellinger, Your Honor.
JUDGE HOFFMAN
Can we straighten this out?
ABBIE
Dillinger was a bank robber,
Derringer is a gun, he’s David
Dellinger and the judge and I
aren’t related.
FORAN
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.
KUNSTLER
Sir, it’s not a tactic. At the
moment, the defendants are the only
ones on record as knowing their own
names.
JUDGE HOFFMAN
Be seated, Mr. Schultz.
(correcting himself)
Mr. Kunstler.
BOBBY
(standing)
I object to being characterized as
a member of this group.
JUDGE HOFFMAN
Who is your lawyer?
BOBBY
Charles R. Garry.
JUDGE HOFFMAN
Is Mr. Garry here today?
BOBBY
No he’s not.
KUNSTLER
Your Honor--
JUDGE HOFFMAN
Are you representing Mr. Seale?
KUNSTLER
No sir.
FRED HAMPTON leans forward and whispers something to BOBBY...
JUDGE HOFFMAN
Then sit. Mr. Schultz, forgive me,
have you concluded your opening
statement?
SCHULTZ
Yes, Your Honor.
BOBBY
My lawyer, Charles Garry, is in a
hospital in Oakland having
undergone gallbladder surgery.
JUDGE HOFFMAN
Mr. Kunstler, you’re sitting right
next to the man, just represent
him. It’s the same case.
KUNSTLER
The fact that there’s a lawyer near
Mr. Seale doesn’t satisfy the
requirements of due process.
BOBBY
I have a right--
KUNSTLER
(putting his hand up to
BOBBY)
A motion was made for postponement
due to Mr. Garry’s medical
condition. I was there. Your Honor
denied that motion and therefore
Mr. Seale is here without legal
representation.
JUDGE HOFFMAN
I don’t care for your general tone,
Mr. Kunstler.
KUNSTLER
I meant no disrespect to the Court,
sir. I’m trying to be clear that I
can’t muddy Mr. Seale’s grounds
for appeal by appearing to speak as
his lawyer.
JUDGE HOFFMAN
I don’t ask you to compromise Mr.
Seale’s position, sir, but I will
not permit him to address the jury
with his very competent lawyer
seated--
Out of nowhere--
JERRY
Jesus Christ, for the fourth time,
he’s not Bobby’s lawyer!
This was TOM’s nightmare.
JUDGE HOFFMAN
You’re Mr. Rubin?
JERRY
Yes sir.
JUDGE HOFFMAN
Don’t ever do that again.
BOBBY
Your Honor, I’m not with these
guys. I never even met most of them
until--
JUDGE HOFFMAN
We’ll have order.
BOBBY
--the indictment.
JUDGE HOFFMAN
We will have order.
BOBBY
There are eight of us and there are
signs out there that say “Free the
Chicago 7”--I’m not with them.
JUDGE HOFFMAN
Mr. Marshal, will you seat Mr.
Seale?
We see a WHITE MARSHAL whisper to a BLACK MARSHAL in the back
of the courtroom--the BLACK MARSHAL heads down the aisle
toward Bobby as Bobby continues--
BOBBY
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 gave
a speech, I had a chicken pot pie,
went to the airport and flew back
to Oakland and that’s why they call
the eight of us the Chicago--
(to the MARSHAL)
--get your hands off me.
JUDGE HOFFMAN
Charge Mr. Seale with one count of
Contempt of Court.
Off of TOM’s barely-hidden frustration we
CUT TO:
Genres:
["Drama","Legal"]
Ratings
Scene
13 -
Divided Strategies
42 INT. DEFENSE CONFERENCE ROOM - DAY 42
This is the room where the defendants will meet privately
with their lawyers during recesses. There’s a carton of deli
sandwiches on the table and some cokes.
The defendants and lawyers are filing in. TOM’s the last one
in and he slams the door behind himself, which gets
everyone’s attention.
TOM
We have to make a decision right
now--a decision I just 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 10 years or
are we using it to say a pointless
fuck you to the establishment?
JERRY
Fuck you.
TOM
That’s what I was afraid--Wait, I
don’t know if you were saying “fuck
you” or answering the question.
ABBIE
I was also confused.
JERRY
If we leave here without saying
anything about why we came in the
first place, it’ll be
heartbreaking.
TOM
If the jury finds us guilty we’re
not gonna be leaving here at all.
And the only thing we need to say
about why we came is that it wasn’t
to incite violence.
DAVE
I’m with Jerry.
TOM
(beat)
Why?
DAVE
The trial shouldn’t be about us.
TOM
I would love it if it wasn’t about
us but it definitely is.
John? Lee?
FROINES
Yeah.
WEINER
Yes sir.
TOM
Do you guys want to say anything?
WEINER
Does anyone think our judge might
be crazy?
TOM
The judge isn’t our problem.
FROINES
Give it time ‘cause I think he’s
gonna be.
TOM
I’m talking about us. Abbie, you
can’t talk back to the judge. And
Jerry--Jesus.
ABBIE
(finally speaking up)
Did you get a haircut just for
court?
TOM
(pause)
I did.
ABBIE
You did. You got a haircut for the
judge. That’s--I can’t even--that
is so foreign to me.
TOM
So’s soap.
ABBIE
Zing.
TOM
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.
JERRY
I don’t have a problem with what we
look like.
ABBIE
Jerry likes what we look like.
John? Lee?
FROINES
Yeah.
WEINER
I always feel like I’m ten-pounds
too heavy, but yeah.
ABBIE
Dave?
DAVE
I don’t like when we fight.
ABBIE
Rennie?
RENNIE
Tom should be heard.
ABBIE
And he was. But when we walked in
here this morning they were
chanting that the whole world is
watching. This is it, we’re on.
This is what revolution’s gonna
look like. Real revolution.
Cultural revolution.
TOM
Why did you come here?
ABBIE
I got an invitation from a grand
jury.
TOM
Last summer. Why did you come to
the convention?
ABBIE
To end the war.
TOM
Guys, before you tether yourselves
to this man, just know that the
very last thing he wants is for the
war to end.
DAVE
Hang on--
TOM
I don’t have time for cultural
revolution. It distracts from
actual revolution.
KUNSTLER
Alright, did everybody get
everything off their chests?
The door opens and FRED HAMPTON comes in--
FRED
(to KUNSTLER)
What in the name of hell was that?!
KUNSTLER
Evidently not.
FRED
You stood up and spoke for Bobby.
KUNSTLER
I made it very clear I’m not his
lawyer.
FRED
I’d like to sit in on these
meetings.
KUNSTLER
You can’t.
FRED
I think I will anyway.
KUNSTLER
Fred--
FRED
Bobby’s life is at stake and you
guys are playin’ to the crowd?
TOM
Thank you.
FRED
Shut up. The white guys are in a
furnished room while Bobby’s in a
holding cell.
KUNSTLER
The white guys are free on bail.
Bobby’s locked up ‘cause he’s under
arrest in Connecticut for killing a
cop, it’s not like he refused to
give up his seat on a bus.
WEINGLASS
You have to convince him to let
Bill and me represent him, just for
today at least.
KUNSTLER
The judge is--
JERRY
Fuckin’ nuts.
KUNSTLER
--a little hostile, and I’m sure
Garry didn’t anticipate that.
FRED
(pause)
He’s innocent in Connecticut.
KUNSTLER
Alright.
FRED
He’s never killed anyone. It’s
important you all know that.
KUNSTLER
You have to try to convince him.
FRED
I can’t.
KUNSTLER
Try.
FRED
I have!
(beat)
He needs to do it his way.
KUNSTLER
Keep trying, alright?
FRED nods.
A MARSHAL sticks his head in the door--
MARSHAL
We’re back.
The MARSHAL exits.
KUNSTLER
Let’s go. Abbie, Jerry, unless
you’re asked a direct question,
shut your mouths while we’re in
that room.
ABBIE
(barely audible)
This is a political trial.
KUNSTLER
What?
ABBIE
This is a political trial. That was
already decided for us. Ignoring
that reality is just...weird to me.
KUNSTLER
There are civil trials and there
are criminal trials. There’s no
such thing as a political trial.
ABBIE
(beat--smiles)
Okay.
ABBIE heads out with everyone else. WEINGLASS stops TOM for a
moment...
WEINGLASS
Abbie’s smarter than you think he
is.
TOM
Cows are smarter than I think he
is.
They walk out the door as we
CUT TO:
Genres:
["Drama","Legal"]
Ratings
Scene
14 -
The Permit Denial
43 INT. COURTROOM - DAY 43
DAVID STAHL is on the stand.
STAHL
S-T-A-H-L.
TITLE:
Trial Day 3
SCHULTZ
What is your occupation?
STAHL
I am the mayor’s administrative
officer.
SCHULTZ
Calling your attention to March
26th, 1968, did you have a meeting
on that day?
STAHL
Yes.
SCHULTZ
With whom?
44 INT. STAHL’S OFFICE - DAY 44
As ABBIE and JERRY step in.
STAHL
Mr. Hoffman, Mr. Rubin is it?
ABBIE
Abbie and Jerry’s fine.
CUT BACK TO:
45 INT. COURTROOM - DAY 45
SCHULTZ
What was said at the meeting?
STAHL
I was told that the Youth
International Party would be
holding a Festival of Life in Grant
Park during the Democratic National
Convention, that there would be
thousands of young people attending
and that there would be rock bands
playing in the park.
46 INT. STAHL'S OFFICE - DAY 46
JERRY
Music will be performed.
STAHL
Rock music?
JERRY
I would think.
CUT BACK TO:
47 INT. COURTROOM - DAY 47
STAHL
They also said there would be
public fornication.
SCHULTZ
Say that again, sir?
48 INT. STAHL’S OFFICE - DAY 48
JERRY
Public fornication.
STAHL
You’re asking for a parks permit
for public--
JERRY
Yeah.
ABBIE
And rock music.
STAHL
No. Of course not.
ABBIE
What if it was R&B?
CUT BACK TO:
Genres:
["Legal Drama","Political Drama"]
Ratings
Scene
15 -
Defiance in the Courtroom
49 INT. COURTROOM - DAY 49
SCHULTZ
Did you issue the permits?
STAHL
I did not.
SCHULTZ
And what if anything did Abbie
Hoffman say when you denied the
request for the permits?
50 INT. STAHL'S OFFICE - DAY 50
ABBIE
Mr. Stahl, you need to understand
something. There’s going to be a
Festival of Life in Grant Park and
it will be 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’re going to insist
that the next President of the
United States stop sending our
friends to be slaughtered. These
things are going to happen whether
you give us the permit or not.
STAHL looks at them for a long moment...
STAHL
The hotel rooms will be filled with
delegates. Where will people sleep?
ABBIE
Some people will sleep in tents.
Others will live frivolously.
STAHL
How many people are coming here?
JERRY
A lot.
STAHL
What’s alot? A thousand? Two-
thousand?
JERRY
Ten-thousand.
STAHL
Jesus Christ.
ABBIE
Right?
CUT BACK TO:
51 INT. COURTROOM - DAY 51
SCHULTZ
Did Abbie Hoffman add something at
the end of that meeting?
STAHL
Yes.
SCHULTZ
What did he say?
STAHL
He said--
52 INT. STAHL'S OFFICE - DAY 52
ABBIE
Or you could gimme a hundred grand
and I could call the whole thing
off.
CUT BACK TO:
Genres:
["Drama","Legal"]
Ratings
Scene
16 -
Cross-Examination of Government Witness Stahl
53 INT. COURTROOM - DAY 53
SCHULTZ
Thank you.
JUDGE HOFFMAN
Mr. Feinglass?
WEINGLASS
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?
TITLE:
Trial Day 4
STAHL
No.
WEINGLASS
On August 2nd you had a meeting
with Tom Hayden and Rennie Davis.
54 INT. STAHL'S OFFICE - DAY 54
TOM and RENNIE are stepping in. They’re in coats and ties.
TOM
Tom Hayden.
RENNIE
Rennie Davis.
CUT BACK TO:
55 INT. COURTROOM - DAY 55
WEINGLASS
And on August 12th you had a
meeting with David Dellinger.
56 INT. STAHL'S OFFICE - DAY 56
STAHL
(to DAVE)
I’ll tell you the same thing I told
the others.
CUT BACK TO:
57 INT. COURTROOM - DAY 57
WEINGLASS
There were two more meetings with
Tom and Rennie--on the 10th and
12th of August--and there was one
more meeting with David Dellinger
on the 26th.
STAHL
I can’t be sure of the dates.
WEINGLASS
I can be sure, they’re recorded in
the log at City Hall.
STAHL
Okay.
WEINGLASS
And at each meeting, a request was
made for a permit to demonstrate in
Grant Park during the convention.
58 INT. STAHL'S OFFICE - DAY 58
DAVE
Mr. Stahl, we intend a peaceful
demonstration. We’re not interested
in violence or disturbing the
delegates.
CUT BACK TO:
59 INT. COURTROOM - DAY 59
WEINGLASS
And at each meeting the request for
permits was denied.
Genres:
["Legal Drama","Political Drama"]
Ratings
Scene
17 -
Confrontation in Stahl's Office
60 INT. STAHL'S OFFICE - DAY 60
TOM and RENNIE are meeting with STAHL--
STAHL
I’ll tell you the same thing I told
Mr. Hoffman, Mr. Rubin and Mr.
Dellinger--
TOM
Sir--
STAHL
There will be no demonstrations
within sight of the Hilton.
TOM
We need to demonstrate near the
Hilton, that’s where the convention
is.
STAHL
There will be no demonstrations
within sight of the Hilton.
TOM
Okay, but the thing is, there will
be.
STAHL
Is that a threat, Mr. Hayden?
TOM
No. We’re cautioning you. Thousands
of people are coming to Chicago and
if they’re not given a place to
demonstrate they’re gonna
demonstrate wherever they’re
standing. It’s reckless,
irresponsible and foolishly
dangerous of the city not to
develop a contingency plan. We’re
gonna need police security and
first aid, traffic control, water,
sanitation--
CUT BACK TO:
Genres:
["Drama","Legal"]
Ratings
Scene
18 -
Courtroom Confrontations
61 INT. COURTROOM - DAY 61
WEINGLASS
So five times you were asked for a
permit, five times you were advised
of the dangers of not providing a
location to demonstrate, not
providing--
STAHL
I don’t take my instructions from
the defendants, sir.
WEINGLASS
No you don’t.
STAHL
No I don’t.
WEINGLASS
You take them from Mayor Daley.
STAHL says nothing...
WEINGLASS (CONT'D)
You’re appointed by the mayor and
you serve at his pleasure?
STAHL
Yes.
WEINGLASS
And you’re subject to removal in
the same manner by the mayor?
STAHL
(beat)
Yes.
KUNSTLER
Thank you.
JUDGE HOFFMAN
Further cross examination, Mr.
Kunstler?
KUNSTLER
Yes, sir. Mr. Stahl--
JUDGE HOFFMAN
Excuse me, Mr. Seale, would you
identify the man sitting behind
you?
(beat)
Mr. Seale?
BOBBY
No sir.
JUDGE HOFFMAN
No?
BOBBY
That’s right.
JUDGE HOFFMAN
Why not?
BOBBY
He’s not on trial here.
JUDGE HOFFMAN
Mr. Seale, identify the man sitting
behind you.
FRED leans in and whispers something to BOBBY...
BOBBY
His name is Fred Hampton.
JUDGE HOFFMAN
Let the record indicate that Mr.
Hampton is the head of the Chicago
chapter of the Black Panther Party.
KUNSTLER
Your Honor, Mr. Hampton isn’t at
the bar, why is the record
identifying him at all?
JUDGE HOFFMAN
Mr. Hampton is clearly giving Mr.
Seale legal advice.
BOBBY
My lawyer is Charles Garry.
KUNSTLER
Excuse me, sir, but for all you
know Mr. Hampton is giving Mr.
Seale the score of the White Sox
game.
JUDGE HOFFMAN
I will assume that he’s not.
KUNSTLER
Why?
JUDGE HOFFMAN
Because that’s what happens when
you don’t have a lawyer. The Court
assumes that you’re being
represented by the Black Panther
sitting behind you. Continue.
KUNSTLER
Mr. Stahl, when Abbie offered to
call the whole thing off for a
hundred-thousand dollars, did you
think he was serious or did you
think he was making a joke?
STAHL
I had no reason not to think he was
serious.
KUNSTLER
Really?
STAHL
Yes.
KUNSTLER
Do you know what extortion is?
STAHL
Yes.
KUNSTLER
Do you know that it’s a felony?
STAHL
Yes.
KUNSTLER
Okay, so when you called the FBI
and told them about Mr. Hoffman’s
attempt to extort a government
employee, what’d they say?
STAHL
I didn’t call the FBI.
KUNSTLER
Sorry, when you called the U.S.
Attorney and reported the attempted
extortion, what’d their office say?
STAHL
I didn’t call the U.S.--
KUNSTLER
Cook County D.A. then, did you call
them?
STAHL
No sir.
KUNSTLER
How ‘bout the chief of police?
STAHL
Mr. Kunstler--
KUNSTLER
How ‘bout the police officer posted
outside the mayor’s office? How
‘bout the mayor? Mr. Stahl, I’m
going to ask you again. When Abbie
asked for a hundred-thousand
dollars to call the whole thing
off, did you think he was serious
or did you know it was a joke?
STAHL
I had no reason not to believe he
was serious.
KUNSTLER
Alright, and along with extortion,
you know that perjury’s a crime,
right?
SCHULTZ
Objection.
JUDGE HOFFMAN
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.
KUNSTLER
You’re striking the entire cross-
examination?
JUDGE HOFFMAN
I gave you and co-counsel Feinglass
ample latitude to demonstrate
relevance and--
KUNSTLER
Co-counsel’s name is Weinglass and
Mr. Stahl’s testimony under cross-
examination was completely--
JUDGE HOFFMAN
You’ve interrupted the court again,
Mr. Kunstler.
KUNSTLER
(pause)
Move to reinstate testimony.
JERRY AND ABBIE
Overruled.
JUDGE HOFFMAN
Overruled.
KUNSTLER
Exception.
JUDGE HOFFMAN
Noted. Are there any further
questions?
KUNSTLER
Yes sir. 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?
STAHL
Not precisely in that language.
KUNSTLER
Did they do it in any language?
STAHL
Yes, they said permits for the
parks should be issued in order to
minimize destruction.
KUNSTLER
Did they indicate from whom the
destruction would come?
STAHL
The destruction didn’t come from
the Chicago Police Department if
that’s what you’re suggesting.
KUNSTLER
I wasn’t suggesting that, you just
did. No more questions.
BOBBY
I’d like to cross-examine the
witness, Your Honor.
JUDGE HOFFMAN
You may not.
BOBBY
(to STAHL)
Have you ever met me?
JUDGE HOFFMAN
Sit, Mr. Seale.
CUT TO:
Genres:
["Legal Drama","Political Drama"]
Ratings
Scene
19 -
Pressing Matters and Conspiracy Conversations
A62 INT. MAKE-SHIFT PRESS ROOM - EARLY EVENING A62
ABBIE and JERRY are sitting at a table in front of a dozen
microphones. TV news cameras line the back of the room.
REPORTER #7
Why won’t Bobby Seale let anyone
represent him?
JERRY
You’ve posed that question in the
form of a lie.
The press conference continues in VO as we
CUT TO:
62 EXT./EST. STREET IN HYDE PARK - NIGHT 62
We’re outside a house where all the lights on the ground
floor are on. Several photographers are waiting out front.
A taxi pulls up and KUNSTLER gets out to a spray of
flashbulbs. He pays the driver and disappears into the house
as JERRY continues--
JERRY (VO)
Bobby Seale’s lawyer is Charles
Garry who’s in the hospital right
now. A motion was made for
postponement and it was denied by a
judge who just for the heck of it
is suspending due process for a
while.
63 INT. CONSPIRACY OFFICE - SAME TIME 63
It’s a second-floor, three-bedroom apartment but the whole
place resembles a dorm that’s been taken over by a college
newspaper. Young women are everywhere working the phones or
opening bags of mail.
Court documents are in piles on tables and on the floor. A
big board shows the schedule of witnesses and the walls are
adorned with posters including ones that read “FREE THE
CHICAGO 7”.
BERNADINE
(into the phone)
Conspiracy office, can you hold on?
(another line)
Conspiracy office, can you hold on?
KUNSTLER
Maybe you don’t want to call it the
conspiracy office.
BERNADINE
They understand irony and
appreciate the humor.
KUNSTLER
I wouldn’t count on it.
BERNADINE
Most people are smart, Bill.
KUNSTLER
If you believe that, you’re gonna
get your heart broken every day of
your life.
BERNADINE
(to KUNSTLER)
Hang on.
(she goes back to the
first caller)
Hi, how can I help you?
KUNSTLER
(quietly)
Messages?
BERNADINE
(into the phone)
We sure do take contributions,
we’ve got high-priced lawyers.
KUNSTLER
The high-priced lawyers are working
for free, it’s the support staff
that needs--
BERNADINE
(into phone)
We can’t take grass.
ABBIE heard that and calls to Bernadine like she’s crazy--
ABBIE
Hey!
BERNADINE
(into the phone)
Yeah, Abbie says we’ll take the
weed.
KUNSTLER
(quietly)
Messages.
BERNADINE hands him a stack of messages--
BERNADINE
(into the phone)
Lemme give you our mailing address.
KUNSTLER heads into--
Genres:
["Drama","Legal","Political"]
Ratings
Scene
20 -
Trial Tensions: Humor and Commitment
64 INT. DINING ROOM - CONTINUOUS 64
TOM and WEINGLASS are at the table with piles of documents.
KUNSTLER
I don’t want you guys holding press
conferences.
TOM
If you’re gonna get between Abbie
and a camera I’d wear pads and a
helmet.
KUNSTLER
We had a good day.
(to WEINGLASS)
Tell him we had a good day.
WEINGLASS
6 and 11?
KUNSTLER
Yeah.
TOM
What does that mean?
WEINGLASS
Jurors 6 and 11. They’re with us.
TOM
How do you know?
WEINGLASS
6 made sure I saw a copy of a James
Baldwin novel under her arm and
11’s been nodding during the Stahl
cross.
TOM
Falling asleep?
WEINGLASS
(demonstrating)
Nodding. Agreeing.
KUNSTLER walks out into--
65 INT. CONSPIRACY OFFICE - CONTINUOUS 65
--where the press conference is now playing on the TV.
REPORTER #8 (O.S. FROM THE TV)
Would you have taken a hundred-
thousand dollars to call the whole
thing off?
ABBIE (FROM THE TV)
I’d have taken a hundred-thousand
dollars. As for calling it off...
REPORTER #9 (O.S. FROM THE TV)
How much is it worth to you? What’s
your price?
ABBIE (FROM THE TV)
To call off the revolution?
REPORTER #9 (O.S. FROM THE TV)
What’s your price?
ABBIE drops the comedy...
ABBIE (FROM THE TV)
My life.
KUNSTLER clocks that and we
CUT TO:
Genres:
["Drama","Legal"]
Ratings
Scene
21 -
Threats and Tensions in the Courtroom
66 INT. COURTROOM - DAY 66
Everyone’s in their places but the BAILIFF and a MARSHALL are
at the bench. They’ve given a note to JUDGE HOFFMAN and he’s
looking it over.
No one knows what’s going on and everyone’s waiting to find
out.
TITLE:
Trial Day 23
FROINES leans into WEINER--
FROINES
(quietly)
Any idea what’s going on?
WEINER
(quietly)
It’s been years since I’ve had any
idea what was going on.
JUDGE HOFFMAN
I’m going to adjourn the court for
the day and see counsel in my
chambers in 15 minutes.
He raps his gavel. Everyone stands as he exits but no one
knows what’s going on.
CUT TO:
67 INT. JUDGE HOFFMAN’S CHAMBERS - DAY 67
As the lawyers walk in and a MARSHAL closes the door.
JUDGE HOFFMAN
It’s been brought to my attention
that two of the jurors have
received threatening notes from a
member or members of the Black
Panther Party.
KUNSTLER
Which two jurors?
JUDGE HOFFMAN
Juror number 6 and Juror number 11.
It was slipped into the mail at the
homes of their parents.
KUNSTLER
6 and 11.
JUDGE HOFFMAN
(to the MARSHAL)
Bring in Juror 6.
The MARSHAL opens a side door and brings in JUROR #6. She’s
23-years old and nervous to be brought into chambers.
KUNSTLER
Judge, I wonder if we could--
JUDGE HOFFMAN
Juror Number 6, how are you?
JUROR #6
I’m fine.
KUNSTLER
Judge, before we speak to--
JUDGE HOFFMAN
(stopping him)
Please.
(to JUROR #6)
Your parents received this note in
their mail this morning. They
called the police as they should
have done. I’d like you to take the
note and read it out loud.
JUROR #6
My parents?
KUNSTLER
Your Honor--
JUDGE HOFFMAN
Please read the note out loud.
JUROR #6 takes the note from the MARSHAL...
JUROR #6
(reading)
“We’re watching you.”
JUDGE HOFFMAN
And you see who’s signed it.
JUROR #6
“The Panthers”.
JUDGE HOFFMAN
And you understand that to mean the
Black Panthers, don’t you?
Very shaken, she nods yes.
JUDGE HOFFMAN (CONT'D)
And you understand that defendant
Bobby Seale is the head of the
Black Panthers.
KUNSTLER
Judge--
JUDGE HOFFMAN
He’s the Chairman of the Black
Panther Party.
She nods yes.
JUDGE HOFFMAN (CONT'D)
Do you still feel you can render a
fair and impartial verdict?
She says nothing...
JUDGE HOFFMAN (CONT'D)
Juror Number 6, your family has
been threatened and so have you by
members of an organization led by
one of the defendants.
KUNSTLER
Judge, for the love of Christ--
JUDGE HOFFMAN stops him with one look...
KUNSTLER (CONT'D)
I apologize, Your Honor.
JUDGE HOFFMAN
I would think so.
(beat)
Do you still feel you can render a
fair and impartial verdict?
JUROR #6
(barely a whisper)
No sir.
JUDGE HOFFMAN
You’re dismissed from this jury.
Thank you for your service. Please
bring in Juror Number 11.
JUROR #6
(quietly to WEINGLASS)
I’m sorry.
WEINGLASS
(quietly)
Keep reading James Baldwin.
CUT TO:
68 INT. JUDGE HOFFMAN’S OUTER-OFFICE - DAY 68
The doors open and the lawyers empty out.
FORAN
(to KUNSTLER)
I thought the Panthers were smarter
than that.
KUNSTLER
They are.
FORAN
Well--
KUNSTLER
The Panthers don’t write letters
any more than the mob does, and the
moment I find out it was your
office that did, you’re gonna see
the criminal justice system up
closer than you ever wanted to.
KUNSTLER exits with WEINGLASS.
SCHULTZ looks at FORAN...”Did we do this?”...FORAN says
nothing and we
CUT TO:
Genres:
["Legal Drama","Courtroom Drama"]
Ratings
Scene
22 -
Jury Tensions and Silent Reflections
69 INT. CONSPIRACY OFFICE - NIGHT 69
A large folder gets dropped on the table and opened. It
contains pictures of all the jurors and alternates. The two
who were just dismissed get ripped out.
KUNSTLER, WEINGLASS and the DEFENDANTS are standing or
sitting around.
TOM
Who are the alternates?
JERRY
We’re gonna make this public.
KUNSTLER
Help yourself.
TOM
Who are they?
JERRY
Somebody other than the FBI has to
investigate that letter.
KUNSTLER
Who’d you have in mind, Jefferson
Airplane? The FBI investigates--
JERRY
This is bullshit!
TOM
Who are the alternates?
JERRY
Fuckin’ bullshit.
DAVE
Can we clean up our language?
WEINGLASS
Kay Richards. She’s a 27-year old
dental hygienist.
TOM
That doesn’t sound too bad.
KUNSTLER
We think she’s dating a guy named
Tom Bannercheck who works for
Daley.
And all the defendants starts chiming in--
ALL
What?!, etc./ You let her be an
alternate?!, etc./ Why would she
be anywhere near that jury
box?!/etc.
They keep shouting as the lawyers simultaneously defend
themselves.
KUNSTLER
(simultaneously)
We were out of preemptory
challenges.
WEINGLASS
(simultaneously)
She was an alternate and we were
out of preemptory challenges.
TOM
How did that happen?
KUNSTLER
It was her or the Korean War vet
who kicked his son out of the house
for protesting the Vietnam-- you
don’t have to be Clarence Darrow to-
-
JERRY
Did they manipulate the jury pool?
How come there’s nobody who looks
like me?
KUNSTLER
Raise your hand if you’ve ever
shown up for jury duty.
Nobody raises their hand...
KUNSTLER (CONT'D)
Then shut the fuck up.
During this, an ASSISTANT has come in and handed a note to
WEINGLASS. WEINGLASS has read it now--
WEINGLASS
Bill.
KUNSTLER
Yeah.
WEINGLASS hands the note to KUNSTLER, who reads it...
TOM
What?
WEINGLASS
He’s sequestering the jury.
There’s silence in the room...
JERRY
‘Course he is.
JERRY exits.
ABBIE
No such thing as a political trial.
Good to know.
ABBIE exits.
KUNSTLER
(to WEINGLASS)
I want an expert in geriatric
psychiatry sitting in the gallery
for a few days. I want a medical
evaluation of this judge.
KUNSTLER heads out and WEINGLASS goes into the living room,
where the end of the nightly news is playing on the TV.
WEINGLASS
The sequester’s probably a reaction
to Abbie doing stand-up on the
weekends.
ABBIE
It’s not stand-up.
WEINGLASS
It’s you in a college auditorium in
a spotlight telling jokes, right?
ABBIE
Little reductive.
JERRY
Hey.
JERRY’s pointing out something on the TV. Everyone starts to
stand in silence, facing the TV.
BACK IN THE KITCHEN--
RENNIE’s writing in his notebook...
FROINES
Names?
RENNIE
Yeah. From yesterday.
TOM
Is anyone hungry?
RENNIE
If I hadn’t asked you to help me
with Sara Beth, none of this--
TOM
No.
RENNIE
I asked you to help with Sara Beth
and that’s what got us the first
riot. The first riot got us the
real riot.
TOM
Rennie, that’s not what--
RENNIE
Hang on.
RENNIE sees the backs of the people standing in the living
room. He walks to the living room and FROINES and WEINER
follow. Then TOM.
We see over their backs that the news is scrolling the names
of that day’s fallen soldiers.
Then everyone sits.
BERNADINE
(to RENNIE)
I’ll add the names.
RENNIE
Thank you.
CUT TO:
Genres:
["Drama","Legal","Political"]
Ratings
Scene
23 -
Courtroom Antics and Tensions
70 INT. COURTROOM - DAY 70
The jury box is empty but everyone else is there. KUNSTLER is
addressing the judge.
KUNSTLER
We move to strike the order of
sequestration of the jury which was
made by Your Honor’s sua sponte
motion.
JUDGE HOFFMAN
Hold on. Mr. Rubin, Mr. Hoffman,
what are you wearing?
ABBIE and JERRY are wearing judge’s robes.
ABBIE
It’s an homage to you, sir.
JUDGE HOFFMAN
Do you have clothes underneath
there?
ABBIE
Yes sir. Hang on.
(to JERRY)
Do you?
JERRY
Yeah.
JUDGE HOFFMAN
Take off the robes.
ABBIE and JERRY take off the robes and have police uniforms
underneath.
A big LAUGH from the GALLERY.
JUDGE HOFFMAN (CONT'D)
(TO KUNSTLER)
Continue.
KUNSTLER
We feel that sequestration for what
appears will be a considerable
period of time can only serve--
JUDGE HOFFMAN
It would be a considerably shorter
period of time if the defense made
fewer objections.
KUNSTLER decides to finish despite being interrupted...
KUNSTLER
--can only serve to the defendants
disadvantage. And Your Honor, the
defense will make not one fewer
objection than the prosecution or
this Court gives us reason to.
JUDGE HOFFMAN
Bailiff, charge Mr. Kunstler with
one count of Contempt.
ABBIE
Welcome to our world, Bill.
KUNSTLER
May I continue my argument so it
appears in the record?
JUDGE HOFFMAN
Continue.
KUNSTLER
The jury will be in the custody of
deputy marshals. The marshals will
take care of all the wants and
needs of the jurors and we feel
that tends to make the jurors more
sympathetic toward--
JUDGE HOFFMAN
I understand.
KUNSTLER
The jurors are going to be taken
care of by law enforcement
officers. They won’t be allowed to
go home, they’ll have minimal
communication with--
As KUNSTLER’s been talking, TOM’s been looking across the
room at one of the MARSHALS. The MARSHAL is adjusting the
name tag on his uniform and as we push in a little on TOM, we
CUT TO:
71 EXT. HILTON HOTEL - NIGHT (TOM’S MEMORY) 71
A line of about fifty DEMONSTRATORS, including TOM and ABBIE
have their backs up against the dark-tinted picture window of
the Haymarket Tavern that’s part of the hotel and convention
center. Facing them down are a line of RIOT POLICE with their
clubs drawn. TOM sees something that immediately gets his
heart racing even faster--
--a RIOT POLICEMAN takes off his name tag and then his badge
and puts them in a pocket. Then another does the same and
then another and we
CUT BACK TO:
72 INT. COURTROOM - DAY 72
DELUCA’s on the stand.
DELUCA
Frank DeLuca.
SCHULTZ
And what is your occupation?
DELUCA
I’m a detective with the Police
Department, City of Chicago.
SCHULTZ
Calling your attention to August of
1968 during the convention, were
you given any specific assignment?
DELUCA
I was to keep Rennie Davis under
surveillance with my partner,
Detective Bell.
SCHULTZ
And while surveilling Rennie Davis
on Sunday evening, August 25th, the
night before the convention began,
did you observe Tom Hayden
committing a crime?
DELUCA
Yes. Mr. Hayden was letting the air
out of the tire of a police
vehicle.
CUT TO:
Genres:
["Drama","Legal","Comedy"]
Ratings
Scene
24 -
Chaos and Confrontation in Grant Park
73 INT. GRANT PARK - NIGHT 73
It’s a sweltering hot night as we get introduced to the park
and its occupants for the first time. Thousands of people
that can only be made out in silhouette with flickers of
lanterns, flashlights and fires. We can HEAR a pick-up band
singing Simon and Garfunkel’s “America” and the song will
continue throughout this whole sequence.
ANGLE--We see the pick-up band sitting around the stage
singing.
ANGLE--Tents being erected in a sea of tents that are already
erected.
ANGLE--A group making protest signs.
ANGLE--A fire burning in a garbage can. A sign reads “Burn
Your Draft Cards” as young men come up, rip up their draft
cards and throw them in the fire.
ANGLE--Another fire burning in another garbage can. A sign
reads, “Free Yourself from Patriarchy--Burn Your Bras”, with
women walking by and dropping their bars in the fire.
ANGLE--A police vehicle is driving slowly and repeating on a
loudspeaker--
POLICE OFFICER (V.O.)
The park closes at 11pm by order of
the Chicago P.D. You must be out of
the park by 11pm. Violators will be
prosecuted for trespassing. The
park closes at--
ANGLE--ABBIE’s talking to a large group of protestors.
ABBIE
It’s a strategy of throwin’ banana
peels all over Chicago and then let
the machine stumble. And when it
stumbles, it gets into a policy of
overkill and starts to devour
itself. We’ll convince ‘em. They’ll
be convinced. Of what? That we’re
crazy enough to do anything.
ANGLE--JERRY’s talking to a group of protestors.
JERRY
We think it’s important for
confrontational tactical knowledge
to be understood. Confrontational
tactics make us safer. Why? Because
the police become afraid. And
that’s fighting fire with--
PROTESTORS
(shouting back)
FIRE!
JERRY begins his Molotov cocktail demonstration as we PULL
BACK to find TOM and RENNIE who are walking past Jerry’s TED
Talk.
TOM
(to no one)
You don’t fight fire with fire, you
fight it with water, ya jackass.
RENNIE
It’s a metaphor.
TOM
Abbie and his fuckin’ banana peels.
RENNIE
Also a metaphor.
TOM
Between the cops, the state police
and the Guard, Daley’s got 15,000
soldiers on the street whose guns
are loaded with bullets that are
literal.
RENNIE
I could make the argument that the
bullets were also--
TOM
Yeah, so could I, but don’t. The
atmosphere’s starting to get
dangerous and someone’s gonna throw
a rock. I want to get the word out
that we’re protesting the war and
not the cops.
RENNIE sees something up ahead--
RENNIE
Dammit.
TOM
What?
RENNIE
I think those are my guys, I think
that’s their car.
ANGLE--A few unmarked sedans are parked alongside some police
and park vehicles in an otherwise dark and deserted area.
TOM and RENNIE walk toward a particular sedan.
RENNIE (CONT'D)
Yeah, 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.
TOM
Isn’t into what?
RENNIE
When I’m with her and her family, I
try to...de-emphasize the...radical
revolutionary part of my--
TOM
Got it.
RENNIE
She and her parents are letting me
stay with them and if I show up
tailed by two undercover police
officers--
TOM
That’d be hard to explain.
RENNIE
This isn’t her world. And it’s
definitely not her parents’ world.
If I bring my world into their
driveway--
TOM
Yeah.
RENNIE
She’ll break up with me.
TOM
You could be in a healthier
relationship.
RENNIE
I know, but until then, this is the
one I’ve got.
TOM
(pause)
That’s their car?
RENNIE
Yeah.
TOM
Where are they?
RENNIE
Looking for me.
TOM thinks a minute...
TOM
Alright. Go back into the crowd and
let ‘em find you. Then leave the
park by the east exit. They’ll need
their car to follow you.
RENNIE
What are you gonna do?
TOM
It’s not gonna remind anyone of
Ghandi but a little civil
disobedience. Go.
RENNIE
You’re not gonna cut their breaks
or anything, right?
TOM
What? No, I’m gonna let the air out
of one of the tires. Now go.
RENNIE
I really appreciate it. I don’t
want to be a phony with SaraBeth
but sometimes it takes a little--
TOM
You should really go now.
RENNIE
Yeah.
RENNIE heads off and TOM takes out his keys as we
CUT BACK TO:
Genres:
["Drama","Political","Protest"]
Ratings
Scene
25 -
Confrontation in Grant Park
74 INT. COURTROOM - DAY 74
The pick-up band singing “America” continues over--
DELUCA
Detective Bell and I spotted Rennie
Davis walking in the crowd and
observed him on foot for a few
minutes. Then we returned to the
unit.
SCHULTZ
Your car.
DELUCA
Yes.
SCHULTZ
And what did you find?
CUT TO:
75 EXT. GRANT PARK - NIGHT 75
The singing continues over--
TOM is on his knees letting the air out of a tire of the
unmarked car with his key when the shadow of a man envelopes
him and he stops.
DELUCA (O.S.)
So you think we’re idiots.
DELUCA is standing behind him with his partner, BELL.
DELUCA (CONT'D)
Don’t fuckin’ move.
BELL
On your feet.
TOM
Those are two contradictory
instructions.
DELUCA grabs TOM by the collar, puts him on his feet and
slams him down on the hood of the car.
DELUCA
Hands behind your head, spread your
legs. Was that a contradictory
instruction?
TOM
Nope.
CUT BACK TO:
76 INT. COURTROOM - DAY 76
SCHULTZ
What happened then?
DELUCA
Someone from the crowd shouted--
77 EXT. GRANT PARK - NIGHT 77
One of the silhouettes from the crowd shouts--
DEMONSTRATOR
Hey, they’re hassling Tom Hayden!
BELL
Paulie, you need to see what I’m
seeing.
DELUCA turns around and sees two-dozen silhouettes begin
moving toward the car--
DELUCA
Hey, stay back there! All a you!
BELL
(showing his badge)
Police! Stay back!
TOM
(calling to the
silhouettes)
Listen, everybody stay cool!
DELUCA
(to TOM)
Shut up! Tell ‘em to get back.
TOM
Again--
DELUCA
Tell ‘em to get back.
Genres:
["Legal Drama","Political Drama"]
Ratings
Scene
26 -
Calm Amidst Chaos
78 INT. COURTROOM - DAY 78
SCHULTZ
And did he tell the crowd to get
back?
79 EXT. GRANT PARK - NIGHT 79
TOM
Everybody get back! I’m alright,
stay cool!
80 INT. COURTROOM - DAY 80
DELUCA
He was egging them on.
SCHULTZ
Did you take Hayden under arrest at
that moment?
DELUCA
No sir.
SCHULTZ
Why not?
81 EXT. GRANT PARK - NIGHT 81
Suddenly a white light is shining in DELUCA’s face and he
snaps to it--
DELUCA
What the hell is--who’s shining
that?
BELL
(quietly)
It’s a camera. It’s a TV camera.
82 INT. COURTROOM - DAY 82
DELUCA
We wanted to diffuse the situation
so we arranged to take Mr. Hayden
in the next morning.
83 EXT. GRANT STATUE - DAY 83
TOM’s sitting on the steps with RENNIE and a couple of
friends as two POLICE CARS come rolling up--flashing lights
but no sirens.
TOM
This is gonna be for me.
RENNIE
Let me try to explain to them.
TOM
We should tell ‘em about SaraBeth’s
parents.
RENNIE
Yeah.
TOM
I was kidding. Just bail me out and
keep to the schedule, it’s fine
A few OFFICERS, including OFFICER QUINN, step out of their
cars.
OFFICER QUINN
Tom Hayden?
TOM
Yeah.
(to RENNIE)
See you in a bit.
OFFICER QUINN
You’re under arrest.
TOM
Got it.
Genres:
["Legal Drama","Political Drama"]
Ratings
Scene
27 -
Defiance in the Courtroom
84 INT. COURTROOM - DAY 84
JUDGE HOFFMAN
We’ll stand in recess for one hour
and court will resume at--
BOBBY
Your Honor--
JUDGE HOFFMAN
You wish to address the court, Mr.
Seale?
BOBBY
I--yes. I have a motion--
JUDGE HOFFMAN
I will hear you Mr. Seale.
BOBBY
Just a moment.
We see a YOUNG BLACK woman hand a legal pad to a BLACK MAN
who walks the pad down to FRED HAMPTON who hands it to BOBBY.
JUDGE HOFFMAN
Mr. Seale, do you have a motion?
BOBBY
I have a motion pro se to defend
myself. I’d like to invoke the
precedent of Adams vs. U.S. ex rel.
McCann, where the Supreme Court--
JUDGE HOFFMAN
Alright, that’s enough. Where are
you learning these things. Does
your young friend, Mr. Hampton,
have a background in--
KUNSTLER
(standing)
Your Honor, the other defendants
would like to join in Mr. Seale’s
motion.
JUDGE HOFFMAN
Are you now speaking on behalf of
Mr. Seale?
KUNSTLER
No sir, I’m speaking on behalf of
the other defendants.
JUDGE HOFFMAN
You’re standing right next to him,
why don’t you represent him?
KUNSTLER
Because I’m not his lawyer, sir,
and if I understand Mr. Seale
correctly this last month and a
half, and I believe I have, he is
not represented by counsel.
JUDGE HOFFMAN
Overruled.
BOBBY
I am being denied right now--
JUDGE HOFFMAN
Mr. Seale--
BOBBY
--my Constitutional right to--
JUDGE HOFFMAN
Will you be quiet? Will you? Will
you be quiet? That’s all. You have
lawyers to speak for you.
KUNSTLER
No he doesn’t!
JUDGE HOFFMAN
Cite Mr. Kunstler with his second
count of Contempt.
Genres:
["Legal Drama","Political Drama"]
Ratings
Scene
28 -
Comedy and Courtroom Irony
85 INT. COLLEGE AUDITORIUM - NIGHT 85
The place is packed and smoke-filled and everyone is there to
see and hear ABBIE, who’s up on stage at the microphone. He
has a style onstage that’s not unlike Lenny Bruce.
We come in on a BIG LAUGH and APPLAUSE...
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, they
got Hayden.” We’re gonna march down
to the police station, overcome the
police and the Illinois National
Guard and free Tom Hayden.
(pause)
We couldn’t find our way out of the
park.
A BIG LAUGH...
ABBIE (CONT'D)
Over the course of 10 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...”.
86 INT. COURTROOM - DAY 86
WOJOHOWSKI’s on the stand.
SCHULTZ
Would you state your full name
please?
WOJOHOWSKI
Stanley R. Wojohowski.
87 EXT. GRANT PARK - DAY 87
WOJOHOWSKI, who now looks like a biker comes up to ABBIE with
another biker--EDDIE.
EDDIE
Abbie. This is Stan.
WOJOHOWSKI
Stan Wojohowski.
ABBIE
How you doin’, Stan?
EDDIE
Stan’s gonna be one of your
bodyguards, he handles himself
pretty well.
CUT BACK TO:
88 INT. COURTROOM - DAY 88
SCHULTZ
And what is your occupation please,
Mr. Wojohowski?
WOJOHOWSKI
I’m a Chicago Police Officer.
89 EXT. GRANT PARK - DAY 89
A MAN is introducing RENNIE to SAM.
MAN
Rennie, this is Sam, he can be
trusted.
CUT BACK TO:
90 INT. COURTROOM - DAY 90
SAM
Detective Sam McGiven, Chicago
Police Department.
91 EXT. GRANT PARK - DAY 91
TOM’s being introduced.
SCOTT
Scotty Scibelli, Tom. I’m your guy
for ass, weed or whatever you need.
CUT BACK TO:
92 INT. COURTROOM - DAY 92
SCOTT
Staff Sergeant Scott Scibelli,
Illinois State Police.
Genres:
["Drama","Legal","Comedy"]
Ratings
Scene
29 -
A Toast to Connection
93 INT. BAR - NIGHT 93
JERRY’s having a drink at the end of a crowded bar. The
BARTENDER puts another drink in front of him.
BARTENDER
This is from the woman in the
glasses.
JERRY sees the woman wearing glasses, DAPHNE, at the other
end of the bar.
JERRY
Really?
JERRY takes his drink and heads over to the woman.
JERRY (CONT'D)
Uh...Did you mean this for me?
DAPHNE
I did.
JERRY
Nobody’s ever sent me a drink
before.
DAPHNE
How do you like it so far?
JERRY
It’s a Tom Collins. I know it’s
kind of 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 who’s name I’ve
forgotten said, no, he’d invented
it two years earlier and I think
there was a lawsuit.
DAPHNE
That’s a surprising amount of
controversy for gin and lemonade.
JERRY
I’m Jerry.
DAPHNE
Hey Jerry, do you know why the
French only eat one egg for
breakfast?
JERRY
No.
DAPHNE
Because in France, one egg is “un
oeuf.”
(pause)
It’s un oeuf.
JERRY
Wow.
DAPHNE
I know.
JERRY
I feel so much better about my Tom
Collins story.
DAPHNE
I’m Daphne O’Connor.
CUT BACK TO:
Genres:
["Drama","Romance","Comedy"]
Ratings
Scene
30 -
Testimony and Tension: The Chicago Protest
94 INT. COURTROOM - DAY 94
DAPHNE
Special Agent Daphne O’Conner, FBI.
Counter Intelligence.
DAPHNE is on the stand looking professional now. WEINER leans
in to FROINES and whispers--
WEINER
You think it’s possible there were
seven demonstrators in Chicago last
summer leading 10,000 undercover
cops in protest?
FROINES nods...
SCHULTZ
What was your assignment in
Chicago?
DAPHNE
To use Jerry Rubin to try to
infiltrate the leaders of the
protest.
JERRY shakes his head...
SCHULTZ
You were with Jerry Rubin, Abbie
Hoffman, Rennie Davis and Dave
Dellinger the afternoon of the
27th?
DAPHNE
Yes.
SCHULTZ
What were the four of them doing?
DAPHNE
They were leading a group of
protestors.
SCHULTZ
How many would you say?
DAPHNE
About eight-hundred.
SCHULTZ
Where were they leading these eight-
hundred people?
DAPHNE
To Police Headquarters at 11th and
State.
SCHULTZ
Why?
DAPHNE
Tom Hayden was being held there on
charges of tampering with a police
vehicle. Jerry Rubin said it was
time to confront the pigs.
SCHULTZ
By pigs he meant--
DAPHNE
It was time to confront the police.
95 EXT. MICHIGAN AVENUE - DAY 95
ABBIE, JERRY, RENNIE as well as DAPHNE and the other
undercovers lead DEMONSTRATORS who are pouring out onto the
street from the park. We hear a call and response chant of
“Free Tom Hayden! “Free Tom Hayden!” as the crowd makes it
way up Michigan Avenue.
A POLICEMAN standing on the street is taking this in and then
reaches for his radio and calls ahead.
96 INT. POLICE STATION - DAY 96
TIGHT ON a rack of riot gear--helmets, nightsticks, etc.,
being grabbed off racks.
CUT BACK TO:
97 INT. COURTROOM - DAY 97
SAM
I remember also at the front of the
group was Mr. Allen Ginsburg.
SCHULTZ
Allen Ginsburg the poet.
SAM
Yes. He was chanting a kind of war
chant.
98 EXT. MICHIGAN AVENUE - DAY 98
ALLEN GINSBURG, who’s joined the others at the front of the
group, has his hands raised and is chanting “ohmmmmm”...
JERRY
What’s he doing?
ABBIE
He’s calming the energy, settling
things down.
DAVE
How’s it working so far?
99 OMIT 99
Genres:
["Drama","Legal","Political"]
Ratings
Scene
31 -
Protest and Punchlines
100 INT. COLLEGE AUDITORIUM - NIGHT 100
ABBIE on stage--
ABBIE
The guy testified that Ginsburg was
letting out a war chant. Some kind
of fuckin’ jungle signal to beat
poets that they should begin
pelting the troopers with blank
verse.
A LAUGH from the CROWD...
ABBIE (CONT'D)
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.
101 EXT. MICHIGAN AVENUE - DAY 101
A YOUNG WOMAN in a beret is being carried on the shoulders of
a demonstrator as they march. She’s carrying a flag and being
shouted at by three FRAT BOYS on the sidewalk.
FRAT BOYS
(screaming)
Put the flag down! Put it down! Go
to the kitchen and make me a
sandwich!
JERRY
I’m gonna go back there and take
care of that.
ABBIE
They’re not the enemy.
JERRY
In so many fuckin’ ways they are.
FRAT BOYS
Put down the goddam flag you ugly
bitch! Go to the kitchen and make
me a fuckin’ sandwich!
CUT BACK TO:
Genres:
["Drama","Comedy"]
Ratings
Scene
32 -
Confrontation and De-escalation
102 INT. COURTROOM - DAY 102
WOJOHOWSKI
The group turned right on 11th
Street.
103 INT. COLLEGE AUDITORIUM - NIGHT 103
ABBIE
We make a right on 11th Street.
104 INT. COURTROOM - DAY 104
DAPHNE
And that’s when they saw it.
105 EXT. 11TH STREET - DAY 105
ABBIE
Holy shit.
JERRY
Jesus.
The RIOT POLICE are pouring out of the station and forming a
line in the middle of the street.
ABBIE
Are they about to conquer Spain?
JERRY
(beat--let’s do it anyway)
Well fuck it.
DAVE
What do you mean fuck it?
JERRY
This is it. It’s time. Here we are.
ABBIE
We’re not rushing the police.
JERRY
Why the fuck not?
ABBIE
Because we’ll be critically
injured.
RENNIE
Tom doesn’t want anyone hurt.
DAVE
We’ve gotta turn this crowd around.
There’s too much momentum, we’ve
gotta turn ‘em around and calm ‘em
down.
DAPHNE
(to JERRY)
He’s right. This isn’t safe, I know
something about this.
DAVE gets on his walkie-talkie--
DAVE
(into the walkie-talkie)
All marshals--slow ‘em down and
turn ‘em around. It’s the Alamo up
here. Turn ‘em around and get ‘em
safely back in the park.
JERRY
We should be marching right up to
them.
ABBIE
I don’t think they’re gonna
surrender man. Keep ‘em moving.
Dave and I are gonna stay and make
Tom’s bail.
(to DAVE)
I don’t carry money, do you?
DAVE
I do, I’m a grown man.
The rest of the leaders start heading back where they came
from as ALLEN GINSBURG holds out his arms in a meditation
position and lets out a soft “ohmmmmm...”
JERRY
You’re killin’ me, Allen. You’re
goddam killin’ me.
(shouting)
Keep ‘em moving.
106 INT. COLLEGE AUDITORIUM - NIGHT 106
ABBIE
The marshals are spreading the word
that we’re gonna keep moving, go
left on Roosevelt and back in the
park, right?
107 INT. COURTROOM - DAY 107
DAPHNE
When they got to the park they saw
that three divisions of police
officers had moved in from the
south.
108 EXT. GRANT PARK - DAY 108
JERRY, RENNIE and the DEMONSTRATORS approach and see that
there are lines and lines of police officers that have formed
at the top of the hill in the park.
109 INT. COLLEGE AUDITORIUM - NIGHT 109
ABBIE
I don’t know what tactical genius
came up with that, but you know
when shit happens? When you don’t
give protestors a place to go.
Genres:
["Drama","Comedy","Political"]
Ratings
Scene
33 -
Tensions in Court and Street
110 INT. COURTROOM - DAY 110
SCHULTZ
How would you characterize the mood
of the crowd?
KUNSTLER
The witness is in no position to
characterize the mood of a thousand
strangers.
JUDGE HOFFMAN
Do you have an objection?
KUNSTLER
Yes sir.
JUDGE HOFFMAN
On what grounds?
KUNSTLER
On those grounds.
And ABBIE and JERRY lead the gallery in a chorus of--
ALL
Overruled!
JUDGE HOFFMAN
I will clear this courtroom!
SCHULTZ
Mr. Wojohowski?
WOJOHOWSKI
The crowd was looking for a fight.
111 EXT. GRANT PARK - DAY 111
The DEMONSTRATORS are now faced off with the POLICE.
JERRY
(shouting)
You’re pigs! Your children are
pigs!
RENNIE
We should leave their children out
of it.
JERRY
You’re right, I know, you’re right.
112 INT. COURTROOM - DAY 112
SCOTT
“White, honkey m-f-ers, get out of
our park!” And then he said, “Look
at ‘em--
113 EXT. GRANT PARK - DAY 113
JERRY
--they don’t look so tough.
RENNIE
Well...the guns...
JERRY
(shouting)
Put down your guns, motherfuckers,
we’ll fight like fuckin’ men!
RENNIE
Just so you know, I do not have
your back on that.
Genres:
["Drama","Legal","Protest"]
Ratings
Scene
34 -
Tensions Rise: A Call for Leadership
114 INT. COLLEGE AUDITORIUM - NIGHT 114
ABBIE
And the guys from Kappa Gamma
Douchebag who were hassling the
girl? They’re back.
115 EXT. GRANT PARK - DAY 115
FRAT BOYS
Put the flag down! Put it down! Put
the goddam flag down you cunt! Make
me a sandwich!
RENNIE
(to JERRY)
Just calm the crowd down.
(beat)
Help me calm ‘em down, Jerry.
DAPHNE
Baby. Defuse the situation. They’ll
listen to you.
JERRY
Huh.
DAPHNE
What?
JERRY
Nothing, that sounded nice when you
said it.
DAPHNE
Right now!
JERRY
Yeah.
116 INT. COURTROOM - DAY 116
DAPHNE
Someone from the crowd shouts--
117 INT. COLLEGE AUDITORIUM - NIGHT 117
ABBIE
A guy somewhere in the crowd shouts-
-
Genres:
["Drama","Comedy"]
Ratings
Scene
35 -
Chaos in the Courtroom and the Park
118 INT. COURTROOM - DAY 118
SCOTT
--it may have been Jerry Rubin--
KUNSTLER and WEINGLASS both jump up--
KUNSTLER
Object.
WEINGLASS
(simultaneously)
Objection.
KUNSTLER
If he doesn’t know who it was--
JUDGE HOFFMAN
Sustained.
SCHULTZ
Someone in the crowd shouted what?
119 EXT. GRANT PARK - DAY 119
SOMEONE IN THE CROWD
(shouting)
Take the hill!
And suddenly a land rush breaks out. The CROWD starts
charging up a hundred-yard hill to a statue that sits atop--
heading right for the RIOT POLICE.
JERRY and RENNIE take in what’s happening and then--
RENNIE
Shit.
JERRY
Oh fuck.
JERRY and RENNIE begin running after and through the crowd--
RENNIE
(to the protestors)
Stop running!
JERRY
(to the protestors)
Stop running! Slow down!
We can HEAR an officer on a bullhorn--
POLICEMAN
There are no permits for this
demonstration! You are ordered to
leave the park immediately! There
are no permits for this
demonstration! You are ordered to
leave the park immediately!
Genres:
["Drama","Legal","Protest"]
Ratings
Scene
36 -
Chaos in Grant Park
120 INT. COLLEGE AUDITORIUM - NIGHT 120
ABBIE
The street name for
chloroacetophenone is tear gas and
it’s a fuckin’ blow torch--your
lungs, your skin, your eyes...Riot
clubs? They’re made out of the same
wood they use for baseball bats.
121 EXT. GRANT PARK - DAY 121
Tear gas canisters get fired into the crowd as the POLICE
strap on gas masks. The POLICE move into the CROWD and start
swinging their clubs full force. The unlucky ones near the
gas emerge from the thick, grey dust blinded and gasping for
air. Others have blood spray from their foreheads and down
their mouths as they get struck in the face with clubs.
JERRY and RENNIE are trying to pull people away and send them
back down the hill.
We see the YOUNG WOMAN in the beret--she’s making her way
through the crowd, through the tear gas and up the hill.
Suddenly she’s tackled from behind by the three FRAT BOYS.
FRAT BOY #1
I told you to put that flag down,
go in the kitchen and make me a
fuckin’ sandwich!
They grab her as she tries to escape. She’s screaming as
she’s smacked in the face and her shirt gets torn off.
Now JERRY sees this and starts flying toward her through the
crowd.
JERRY
Hey! What are you doin?! Get the
fuck offa her! What the fuck is the
matter with you?!
JERRY pulls one guy off--
JERRY (CONT'D)
Get the fuck offa her!
FRAT BOY #2
Fuck you, hippie faggot!
And the punch that JERRY’s wanted to throw for years lands
square in the face of this guy, and just as quickly, JERRY’s
elbow breaks the nose of the guy’s buddy who’s about to help
him. The third guy goes running to avoid the tear gas that’s
just been shot into the area.
JERRY tends to the girl--
JERRY
You’re alright. You’re okay.
JERRY pulls off his shirt--
JERRY (CONT'D)
Here. You’re okay.
He takes a bandana from his pocket--
JERRY (CONT'D)
You need to hold this over your
face and I’ll get you outa here.
But now there’s the sound of a gun locking behind JERRY’s
head. He puts his hands up without turning around--
POLICEMAN
Don’t move, Jerry.
JERRY
Get those guys, they were--
JERRY turns around--three POLICEMEN in gas masks have guns on
him...
POLICEMAN
You’re under arrest.
Genres:
["Drama","Action"]
Ratings
Scene
37 -
Aftermath of Protest: A Trial and a Flashback
122 INT. COURTROOM - DAY 122
There’s silence. DAPHNE is on the stand and KUNSTLER is
taking a moment before he begins his cross...
KUNSTLER
After bailing Tom Hayden out,
Abbie, Dave and Tom returned to the
park, is that correct?
CUT TO:
123 EXT. PARK - EARLY EVENING 123
TOM, ABBIE, JERRY, RENNIE and DAVE survey the scene. The
battle is long over but we can still see some tear gas and
people being treated by EMTs and put into ambulances, etc.
After a long moment...
TOM
I’ll be honest, I’m starting to
worry about getting everyone out of
Chicago alive.
ABBIE
That’s not really up to us.
TOM
Yeah it is.
ABBIE
What are you lookin’ at me for? I
went to bail you out of jail.
TOM takes a moment because he can’t believe this...
TOM
(pause)
Eight-hundred people followed you!
ABBIE
Oh that. Yeah, people follow me,
fuck if I know why?
TOM
I’m wracking my brain as well.
RENNIE
(to JERRY)
How’d you make bail so fast?
JERRY
I wasn’t arrested, I was detained.
They couldn’t figure out what to
charge me with.
DAVE
Assault.
JERRY
I was assaulting someone who was
assaulting someone.
DAPHNE
Guys. Nothing’s more dangerous than
a crowd of people who are moving.
It’s like trying to re-direct the
Mississippi River.
JERRY
Isn’t she great?
TOM
(to ABBIE)
Get your people to cool off. We’re
responsible for these people.
ABBIE
We have to protest in front of the
convention, Tommy, plain and
simple. ‘Cause that’s where the
cameras are. We have to get to the
convention. And 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, I sleep fine at night.
TOM
Well you should tell me how you do
it.
ABBIE
A lot of it’s drugs.
TOM
Yeah.
TOM points to the hill, where tear gas still hovers and
people are being bandaged or handcuffed...
TOM (CONT'D)
That’s what happened when we tried
to go up a hill. We’re not getting
anywhere near the convention.
CUT TO:
Genres:
["Drama","Political","Historical"]
Ratings
Scene
38 -
Courtroom Confrontation
124 INT. COURTROOM - DAY 124
DAPHNE still on the stand.
KUNSTLER
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.”
DAPHNE
Yes.
KUNSTLER
And when he said that, did anyone
form an army and get guns?
DAPHNE
No.
KUNSTLER
Did Jerry Rubin instruct the crowd
to run into the park?
DAPHNE
No.
KUNSTLER
Did Rennie Davis?
DAPHNE
No.
KUNSTLER
Was Abbie Hoffman even there?
DAPHNE
No.
KUNSTLER
Was Dave Dellinger?
DAPHNE
No.
KUNSTLER
Was John Froines there?
DAPHNE
No.
KUNSTLER
Lee Weiner?
DAPHNE
No, he wasn’t there.
KUNSTLER
And you’ve testified that Jerry and
Rennie--can you say it for me
again?
DAPHNE
Mr. Kunstler--
KUNSTLER
They were trying to turn people
around and send them back down the
hill. Just like you told them to.
DAPHNE
Mr. Kunstler, the demonstrators
attacked the police and the police
responded.
KUNSTLER
Are any of the demonstrators you
saw attacking the police sitting at
the defense table?
DAPHNE
No sir.
KUNSTLER
Thank you.
JUDGE HOFFMAN
The Court will stand--
BOBBY
I wasn’t there either.
JUDGE HOFFMAN
Mr. Seale--
BOBBY
I wasn’t there at all and I should
be allowed to cross-examine this--
JUDGE HOFFMAN
We’ll stand in recess until--
FRED HAMPTON stands up and addresses the whole room--
FRED
Four hours. That’s how long Bobby
Seale--
JUDGE HOFFMAN
Marshals.
FRED
--was in Chicago. Four hours.
The DEFENDANTS APPLAUD and bang the table--all but TOM who’s
poker-faced but hating this. RENNIE sees that TOM isn’t
cheering and he slows and stops as we
JUDGE HOFFMAN
Court stands in recess for the
weekend.
CUT TO:
Genres:
["Legal Drama","Political Drama"]
Ratings
Scene
39 -
Tensions at the Museum
125 EXT./EST. NATURAL HISTORY MUSEUM - DAY 125
It’s a Saturday during the Christmas season and families are
going into and coming out of the museum.
126 EXT. PARK BENCH - DAY 126
It’s a crisp, Christmastime afternoon. A couple of trumpets,
a trombone and a baritone horn are playing “O Holy Night” a
distance away as ABBIE and JERRY sit on a bench.
JERRY
I took in the exhibit. I cleared my
mind. I stood there for twenty
minutes and I felt nothing.
ABBIE
Well...but it wasn’t a painting, it
was an exhibit. It was a natural
history museum.
JERRY
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
Hey, look who it is!
SCHULTZ and his two young daughters, 6 and 4, are coming down
the path.
ABBIE (CONT'D)
Should we say hi?
JERRY
I’ve got a bone to pick with that
guy.
SCHULTZ, getting closer, sees ABBIE and JERRY.
ABBIE
Hey counselor!
SCHULTZ
No colleges this weekend?
ABBIE
Winter break. My audiences went
home to their parents. Are these
ladies related to you?
SCHULTZ
These are my daughters Julie and
Emily.
ABBIE
(to the girls)
Your dad’s a good guy. And that’s
coming from someone who he’s been
trying hard to put in federal
prison.
SCHULTZ
We shouldn’t be talking without
your lawyer here.
ABBIE
Nah, we’re all on the same team.
SCHULTZ
In one sense I guess, but in a much
truer sense we’re not.
(SCHULTZ takes a couple of
dollars out of his
pocket)
Girls, take this dollar over to the
musicians and put it in their hat.
Then take this dollar and buy some
of those candy-covered peanuts mom
won’t let you have.
The girls run excitedly to where they were told.
ABBIE
Sweet kids.
SCHULTZ
‘Cause if your lawyers were here
I’d feel comfortable telling you
that the window’s closing for you
to plead out.
JERRY
Oh we’re not takin’ a fuckin’ deal,
would you stop? And I wish I could
share Abbie’s sentiment that you’re
a good guy, but I’m afraid I can’t.
SCHULTZ
I’m sorry to hear that.
JERRY
Sending Daphne O'Connor to break my
heart was way outa line.
SCHULTZ
Well I don’t work for the FBI but
Special Agent O'Connor was one of
many agents sent to gather
intelligence on what had been
deemed a credible domestic threat.
JERRY
Fine, then you bug our phones, you
wire up a dope dealer, be a man.
You don’t send a woman to ensorcell
me--it means “enchanting”--only to
have her crush my soul.
SCHULTZ
How long did you two know each
other?
JERRY
Ninety-three hours. It could have
been a lifetime.
SCHULTZ
For a fruit fly. Enjoy the weekend.
JERRY
Is that even ethical? Aren’t there
ethics rules?
SCHULTZ
Did she engage with you sexually?
JERRY
(pause)
We were taking it slow.
ABBIE
He’s gonna be alright.
JERRY
One egg is un oeuf? They teach her
that at the Academy?!
SCHULTZ
Yep.
ABBIE
We just wanted to say that we don’t
have any beef with you. We know
you’re doing your job and we know
you don’t think we’re criminals.
SCHULTZ
I’m not sure where you’re getting
that information but I represent
the People without passion or
prejudice.
ABBIE
You think we were responsible?
SCHULTZ
I think you got the result you were
looking for.
ABBIE
So did Nixon.
SCHULTZ
How ‘bout that. See you Monday.
SCHULTZ walks away toward his daughters. JERRY calls after
him--
JERRY
(calling)
Does she ever mention me?
SCHULTZ, with his back still turned, just shrugs, and we
CUT TO:
Genres:
["Drama","Dialogue-driven"]
Ratings
Scene
40 -
A Night of Urgency and Grief
A151 EXT. CONSPIRACY OFFICE - NIGHT A151
All the lights are off. We HEAR a phone ringing...
B151 INT. CONSPIRACY OFFICE - NIGHT B151
BERNADINE’s sleeping in a sleeping bag on the floor. TOM’s
asleep on a couch in sweatpants and a t-shirt. The ringing
continues and TOM wakes up in a start. It takes him a moment
to realize the phone’s ringing and he looks at it from across
the room as BERNADINE answers it.
BERNADINE
(into phone)
Conspiracy Office.
TOM watches as BERNADINE listens...
BERNADINE (CONT'D)
(to TOM)
It’s Bill. Something’s happened,
Tom.
TOM stands there a moment before we
CUT TO:
151 INT. COOK COUNTY JAIL - VISITING ROOM - MORNING 151
TOM and KUNSTLER are waiting in the empty room before a GUARD
opens the door and BOBBY SEALE steps in in prison coveralls.
The door closes with the clang.
KUNSTLER
Bobby, Fred Hampton was shot and
killed last night. There was a
police raid and there was a
shootout and he’s dead.
BOBBY doesn’t say anything...
KUNSTLER (CONT'D)
(consulting notes)
It happened between the hours of
4am and--
BOBBY
I know.
KUNSTLER
You were told?
BOBBY
Yeah.
KUNSTLER
I’m sorry.
BOBBY
(pause)
The seven of you, you’ve all got
the same father, right?
(to TOM)
I’m talking to you. You’ve all got
the same father, right? Cut your
hair, don’t be a fag, respect
authority, respect America, respect
me. Your life, it’s fuck you to
your father, right? A little?
TOM
(beat)
Maybe.
BOBBY
Maybe. And you can see how that’s
different from a rope on a tree?
TOM
Yeah.
BOBBY
Yeah. He was shot in the wrist
first. You can’t hold a gun if
you’ve been shot in the wrist. You
can’t pull a trigger. The second
shot was in the head.
(MORE)
BOBBY (CONT'D)
Fred was executed.
(pause)
Anything else?
KUNSTLER
(pause)
No.
Genres:
["Drama","Crime"]
Ratings
Scene
41 -
Courtroom Confrontation: The Struggle for Voice
152 INT. COURTROOM - DAY 152
DETECTIVE FRAPOLY’s on the stand. BOBBY’s all but dead behind
his eyes.
TITLE:
Trial Day 90
SCHULTZ
Detective, calling your attention
to the evening of the next day,
Tuesday, August 27th, were you in
Grant Park on that day?
FRAPOLY
Yes. There was a “Free Huey Newton”
rally going on.
SCHULTZ
Did you recognize any of the
speakers?
FRAPOLY
I heard Jerry Rubin give a speech.
Phil Ochs sang and then Bobby Seale
gave a speech.
BOBBY speaks lifelessly, almost by rote--
BOBBY
I object to this man’s testimony
against me because I’ve been denied
counsel.
JUDGE HOFFMAN
We understand.
SCHULTZ
Do you recall anything from Mr.
Seale’s speech?
FRAPOLY
Yes. He said--
BOBBY
I object to this man’s--
JUDGE HOFFMAN
Quiet.
SCHULTZ
Go ahead.
FRAPOLY
May I refer to notes?
SCHULTZ
Yes sir.
FRAPOLY
He said, “We must understand that
as we go forth to try to move the
reprobate politicians--
BOBBY
Your Honor--
FRAPOLY
“--our cowardly Congress, the jive,
double-lip talkin’ Nixon--”
BOBBY
Jive double-lip talkin’ Nixon? You
make me sound like one funky cat,
thank you sir.
JUDGE HOFFMAN
Last warning, Mr. Seale.
SCHULTZ
Did he say anything else?
FRAPOLY
He said, “The revolution at this
time is directly connected to
organized guns and force.”
SCHULTZ
No more questions.
BOBBY shakes his head to himself, then says simply and calmly-
-
BOBBY
A jive, double-lip talkin’, funky,
funky cat.
JUDGE HOFFMAN
Would the defense like to cross-
examine the witness?
BOBBY
Yes. I’m sitting here saying that I
would like to cross--
JUDGE HOFFMAN
Only lawyers can address a wit--
BOBBY
My lawyer is Charles Garry.
JUDGE HOFFMAN
I’m tired of hearing that.
BOBBY
I couldn’t care less what you’re
tired of.
JUDGE HOFFMAN
What did you say?
BOBBY
I said it would be impossible for
me to care any less what you’re
tired of and I demand to cross-
examine this--
JUDGE HOFFMAN
Sit in your chair and be quiet and
don’t ever address the Court in
that--
BOBBY turns to the GALLERY--
BOBBY
(to the crowd)
It was premeditated murder. Fred
Hampton was assassinated last
night.
The GALLERY gasps--
JUDGE HOFFMAN
Marshals, put Mr. Seale in his
seat.
BOBBY keeps talking as a few MARSHALS come to deal with him--
BOBBY
He wouldn’t have been able to hold
a gun in his right hand.
(MORE)
BOBBY (CONT'D)
When they publish the coroner’s
report, make sure you ask about the
bullet wound in his wrist.
The MARSHAL’s have put BOBBY in his seat.
JUDGE HOFFMAN
I strongly caution you, Mr. Seale,
I strongly caution you that--
BOBBY
Oh strongly fuck yourself.
JUDGE HOFFMAN
Marshals, take that defendant into
a room and deal with him as he
should be dealt with.
The MARSHALS grab at BOBBY and lift him out of his seat.
153 INT. HOLDING CELL - DAY 153
The door opens and BOBBY’s thrown into the room. The door
slams behind him.
154 INT. COURTROOM - SAME TIME 154
Tense silence as everyone waits.
155 INT. HOLDING CELL - SAME TIME 155
We see quick, very tight shards of BOBBY being put in
restraints. His wrists, his ankles--
A156 INT. COURTROOM - SAME TIME A156
ABBIE and JERRY are staring casual bullets at JUDGE
HOFFMAN...
RENNIE’s scratching out a note.
INSERT: The notes reads--”Don’t stand for JH”.
RENNIE shows the note to TOM, who glances at it and
reluctantly nods “okay”. RENNIE passes the note to DAVE, who
looks at it and passes it to JERRY--
B156 INT. HOLDING CELL - SAME TIME B156
A balled up rag is stuffed in BOBBY’s mouth. Another piece of
cloth starts to be tied around his face--
Genres:
["Drama","Legal"]
Ratings
Scene
42 -
A Courtroom in Chains
156 INT. COURTROOM - SAME TIME 156
Tense silence.
The side door opens and the MARSHALS bring BOBBY in--bound,
gagged and chained.
The GALLERY reacts in horror.
The MARSHALS stand BOBBY up at his chair. HOFFMAN raps his
gavel until there’s finally silence.
JUDGE HOFFMAN
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, 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.
BOBBY doesn’t move...just looks at him...
JUDGE HOFFMAN (CONT'D)
Do I have your assurance?
BOBBY looks at the judge and gently shakes his head “no”...
JUDGE HOFFMAN (CONT'D)
Mr. Schultz, call your next
witness.
SCHULTZ doesn’t move...nobody does...
JUDGE HOFFMAN (CONT'D)
Mr. Schultz, call your witness.
SCHULTZ
May we approach, Your Honor?
JUDGE HOFFMAN waves the LAWYERS up to the bench.
KUNSTLER
Can he breathe?
(to BOBBY)
Can you breathe alright?
BOBBY nods “yeah”.
The LAWYERS step up to the bench and speak very quietly.
SCHULTZ
Your Honor, a defendant is bound
and gagged in an American
courtroom.
FORAN
He brought it on himself.
KUNSTLER
(to FORAN)
Are you insane?
JUDGE HOFFMAN
That’s enough.
KUNSTLER
This is an unholy disgrace to the
law. This is a medieval torture
chamber.
JUDGE HOFFMAN
I know no other lawyer who would
utter such a thing.
WEINGLASS
This is an unholy disgrace to the
law and a medieval torture--
JUDGE HOFFMAN
I said that’s enough!
(beat)
Love of God.
(beat)
What do you want, Mr. Schultz, this
is your sidebar.
SCHULTZ
Your Honor, at this time the
Government would like to make a
motion that Bobby Seale be
separated--
FORAN
Wait--
SCHULTZ
(to FORAN)
Yes. Just--please sir.
(to JUDGE HOFFMAN)
--a motion that Bobby Seale be
separated from the other defendants
and that a mistrial be declared in
his case.
JUDGE HOFFMAN
You want me to give him his
mistrial?
KUNSTLER
You took their black guy and made
him a sympathetic character.
JUDGE HOFFMAN
I’ve lived a long time and you’re
the first person who’s ever
suggested that I’ve discriminated
against a black man.
WEINGLASS
Then let the record show that I’m
the second.
JUDGE HOFFMAN
(pause)
Step back.
The lawyers return to their tables.
JUDGE HOFFMAN (CONT'D)
I’m issuing an order declaring a
mistrial as to the defendant Bobby
G. Seale.
CHEERS go up in the courtroom.
JUDGE HOFFMAN (CONT'D)
Mr. Seale, you’re 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 and I doubt you ever will
be. We’re adjourned until ten a.m.
Monday.
BAILIFF
All rise.
TOM stands out of habit but no one else does. TOM immediately
sees his mistake but it’s too late to sit.
JUDGE HOFFMAN clocks this, nods at TOM approvingly, and exits
as we
CUT TO:
Genres:
["Drama","Legal"]
Ratings
Scene
43 -
Tensions and Strategies in the Conspiracy Office
157 EXT./EST. CONSPIRACY OFFICE - NIGHT 157
We HEAR BERNADINE answer the phone--
BERNADINE (V.O.)
Conspiracy office, how can I help
you?
158 INT. CONSPIRACY OFFICE - SAME TIME 158
The mood is exhaustion. Everyone’s quiet.
BERNADINE
(into the phone)
No, sir, I’m a white woman.
(listens)
Yeah, I’ve slept with several in my
life so far and on balance I’d have
to say yes, it is better and to
tell you the truth, I think that’s
a big part of what’s got you worked
up.
WEINGLASS
Hang up the phone.
BERNADINE
(into the phone)
It’s not even so much that it’s
bigger, it’s just better, you know
what I mean?
WEINGLASS
Hang up the phone.
BERNADINE hangs up the phone.
WEINGLASS (CONT'D)
Was that a parting gift for Bobby?
BERNADINE
No, that was just for me.
WEINGLASS joins KUNSTLER and the DEFENDANTS who are sitting
around the living room. KUNSTLER’s got a drink and he’s
smoking a joint.
Out of the silence...
JERRY
(to TOM)
Why the fuck did you stand up?
TOM
I was just--it was a reflex.
RENNIE
He was respecting the institution.
TOM
And I don’t know what good it does
to insult the judge. And it was in
view of the jury. And the press.
And Foran and Schultz who’ll be
recommending sentencing if we’re
convicted.
ABBIE
It’s a revolution, Tom. We may have
to hurt somebody’s feelings.
There’s momentary silence in the room...
RENNIE
(pause)
So...we have this list. I was
thinking maybe Monday morning we
could read the names into the
record.
TOM
Jesus--
RENNIE
As a way of saying--
TOM
As a way of saying what?
RENNIE
That whatever we’re facing, you
know, is peanuts compared to what
these guys--
TOM
He’s the one who’s gonna sentence
us.
(MORE)
TOM (CONT'D)
The judge gets to decide what we’re
facing. It’s a goddam trial.
ABBIE
A political trial.
TOM
No, we were arrested for--the law
doesn’t recognize political--
ABBIE
We weren’t arrested, we were
chosen. Lee, John, have you guys
asked yourselves what you’re doing
here?
WEINER
Every day.
ABBIE
You’re a give-back. They give the
jury a couple of guys they can
acquit and feel better about
finding the rest us guilty. Lenny,
am I wrong?
WEINGLASS
No.
FROINES
Our role in history is that we made
it easier to convict our friends?
Lee?
WEINER nods his head...
ABBIE
They’re gonna find us guilty of “I
just don’t like you.” That’s why
Bill won’t put any of us on the
stand.
DAVE
I could take the stand, I’m easy
for them to like. I’m literally a
Boy Scout troop leader.
KUNSTLER
You’re a conscientious objector.
DAVE
A lot of people are conscientious--
KUNSTLER
During World War II. You sat out
World War II. Even I want to punch
you.
DAVE
Well we can talk about that.
KUNSTLER
I’m looking forward to it.
JERRY
I could take the stand.
KUNSTLER
Have you ever taught a classroom
how to make a bomb?
JERRY
8th graders are taught how
Oppenheimer made a bomb.
KUNSTLER
Not one you can build with material
from Woolworths.
RENNIE
You know what would be ironic?
JERRY
Rennie Davis speaks.
KUNSTLER
What?
RENNIE
I said you know what would be
ironic?
TOM
He heard you, he’s asking what
would be ironic.
RENNIE
I was just 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 as a courtesy but Ramsey
Clark didn’t tender his resignation
until an hour--
As this goes on, we PUSH IN on KUNSTLER and WEINGLASS as they
look at each other, each having the same thought.
JERRY
Yeah, I read Mitchell had a fit
about that.
(to WEINGLASS)
Did you read about that?
(beat)
Lenny?
But KUNSTLER and WEINGLASS keep silently staring at each
other...
JERRY (CONT'D)
(beat)
Bill?
KUNSTLER
He was never even on our witness
list.
TOM
Who?
KUNSTLER
The first witness you’d put on the
stand...if this was a political
trial.
(calling)
Bernadine!
BERNADINE
Yeah.
KUNSTLER
My office needs to find Ramsey
Clark.
ABBIE
William Kunstler just showed up.
CUT TO:
Genres:
["Drama","Legal","Political"]
Ratings
Scene
44 -
The Government Car
159 EXT./EST. SUBURBAN HOUSE - DAY 159
There’s a dusting of snow on the ground as a taxi pulls into
the circular driveway. The side of the taxi lets us know
we’re in the D.C. area.
TOM, KUNSTLER and WEINGLASS get out of the cab. WEINGLASS
pays the driver while KUNSTLER looks at something--a black
sedan sitting in the driveway next to the family car.
KUNSTLER
Lenny.
WEINGLASS looks over. KUNSTLER walks to the black sedan and
wipes away some snow that’s caked on the license plate--it
reads “U.S. Gov’t”.
WEINGLASS
Maybe--I don’t know, does he have a
Secret Service detail?
KUNSTLER
No. They’re here for us.
The three of them walk up to the front door and stand there a
moment. It’s like they’re about to knock on the door
belonging to the Wizard of Oz.
KUNSTLER (CONT'D)
He was the Attorney General, what
do we do, we just ring the
doorbell?
WEINGLASS
Yeah, I guess so.
KUNSTLER
You want to do it?
TOM
Just ring the damn--
TOM rings the doorbell.
They wait...
KUNSTLER
It’s a nice house.
WEINGLASS
Yeah.
KUNSTLER
(pause)
What would you call this, Tudor or
Colonial?
The door’s opened by JANE, a young, African-American
housekeeper.
KUNSTLER (CONT'D)
Good morning, I’m Bill Kunstler.
Mr. Clark is expecting us.
JANE
Come in.
Genres:
["Legal Drama","Political Drama"]
Ratings
Scene
45 -
A Brief Encounter in the Foyer
160 INT. FOYER - CONTINUOUS 160
JANE
He’s in his study at the end of the
hall. Can I get anyone coffee?
KUNSTLER
I’ll tell you, ma’am, that sounds
great.
WEINGLASS
Nothing for me, thank you.
TOM gives a small wave that means he’s fine.
JANE
The end of the hall.
KUNSTLER and WEINGLASS start down the hall but TOM’s stopped
by--
JANE (CONT'D)
Mr. Hayden?
TOM looks at her...
JANE (CONT'D)
I read in the paper you were the
only one who stood for the judge
after what he did to Bobby.
TOM
Oh. That was a mistake. It was a
reflex and--
KUNSTLER
Tom?
TOM
Yeah.
TOM joins the two lawyers as they head down the hall.
Genres:
["Drama"]
Ratings
Scene
46 -
Defiance in the Study
161 INT. STUDY - DAY 161
RAMSEY CLARK, in khakis and a button-down shirt, is sitting
with two men in dark suits, one of whom we recognize as
HOWARD from John Mitchell’s office. Framed photos are on the
wall of Clark with LBJ in the Oval Office, with Bobby Kennedy
and from his days as a Marine.
CLARK is both laid back and completely in control. He gets up
to greet his visitors.
CLARK
Hey, Bill, Ramsey Clark.
KUNSTLER
Pleased to meet you, sir, this is
Leonard Weinglass.
CLARK
(shaking hands)
Mr. Weinglass.
KUNSTLER
And Tom Hayden.
CLARK
I know who Tom Hayden is, the FBI
used to work for me. These two men
are senior deputies with the
Justice Department--Mr. Calley and
Mr. Howard.
KUNSTLER
I don’t know what these men are
doing here.
CLARK
I invited them.
KUNSTLER
(pause)
You invited them?
CLARK
I don’t want any appearance of
impropriety.
KUNSTLER
There isn’t any impropriety.
CLARK
And now there are witnesses to
that.
KUNSTLER’s at a loss. He’s screwed before he even got
started...
KUNSTLER
(pause)
Sir, these men are going to call
Schultz and Foran as soon as we’re
done here.
CLARK
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. Ask what you want to ask.
KUNSTLER
In front of them?
CLARK
Mm-hm.
KUNSTLER takes a breath...
KUNSTLER
(pause)
Alright. Mr. Clark, while you were
the Attorney General for President
Johnson, was there ever a
discussion with the White House
about seeking indictments against
my clients?
HOWARD
He can’t answer that.
KUNSTLER
Why not?
HOWARD
It’s against the law.
WEINGLASS
That’s an overly broad
interpretation of the law.
KUNSTLER
That’s Lenny’s way of saying you’re
criminally full of shit, Deputy
Howard.
HOWARD
Sir--
KUNSTLER
And I’ll tell you what--We’ve dealt
with jury tampering, wire tapping,
a defendant who 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 less interested
in the law than I was when this
trial began.
HOWARD
Whether you like the law or not, as
a former A.G. he’s protected by it.
KUNSTLER
No, you’re protected by it--
(to CLARK)
--and due respect, sir, I can
subpoena you.
HOWARD
Find a judge in this circuit who’ll
sign that subpoena.
CLARK
He’s right. And taking the stand
voluntarily would be a big risk for
me.
KUNSTLER
Again, due respect, but my clients
take a much bigger risk when they--
CLARK
What took you so long?
KUNSTLER
(beat)
--when they stand up against
enormous power they can’t see and--
I’m sorry, what took me so long to
do what?
CLARK
To realize I’m your star witness?
KUNSTLER’s a little thrown now...
KUNSTLER
(beat)
Well...we were...remarking on that
ourselves, but--
CLARK
Bill--
HOWARD
He can’t testify.
CLARK
I’m in private practice now and if
John Mitchell wants to cut me in
half, he can and he will.
TOM
You have to find--Sir, you have to
find some courage now and
CLARK
Find some courage, yeah.
TOM
Yes--You have to find some courage
and--
WEINGLASS
(holding a hand up)
Tom.
CLARK
That’s what these 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 here in
the room when I said--When do you
want me in court?
The room freezes for a moment...
HOWARD
Mr. Clark--
KUNSTLER
I’m sorry?
CLARK
Swear me in, Bill.
HOWARD
It’s against the law for you to
testify, Ramsey, it’s that simple.
CLARK
It’s General Clark and arrest me or
shut the fuck up.
(to TOM--simply)
Found it.
Genres:
["Legal Drama","Political Drama"]
Ratings
Scene
47 -
Chaos in the Courtroom
162 INT. COURTROOM - DAY 162
TITLE:
Trial Day 124
KUNSTLER
The defense calls Ramsey Clark.
SCHULTZ
Your Honor, the People move to
disallow this witness.
JUDGE HOFFMAN
I’d like the marshals to take the
jury from the room.
As the marshals lead the jury out of the room we see that
HOWARD and CALLEY are in the gallery now--poker faced.
JUDGE HOFFMAN (CONT'D)
Mr. Schultz?
SCHULTZ
The Code of Federal Regulations
mandates that the disclosure of
Justice Department material is
prohibited without prior knowledge
of the Attorney General--plainly
meaning the sitting Attorney
General--who is John Mitchell who
has specifically denied his
approval.
WEINGLASS
Judge, the rule refers to very
specific kinds of documents and
information. If the regulation was
interpreted as Mr. Schultz is
asking it to be, nobody in the
federal government would ever be
able to testify in a trial after
leaving their job.
JUDGE HOFFMAN
I think the government is at least
justified in asking the defense to
demonstrate by voir dire the
testimony it expects to illicit
from the witness.
KUNSTLER
You’d like us to question the
witness outside the presence of the
jury?
JUDGE HOFFMAN
If I find any of the testimony
relevant I’ll call the jury back in
to hear it.
(pause)
Take it or leave it, Mr. Kunstler.
KUNSTLER doesn’t have a choice...
KUNSTLER
Defense calls Ramsey Clark.
CLARK steps to the witness box where the BAILIFF is ready
with a Bible.
BAILIFF
State your name.
CLARK
William Ramsey Clark.
BAILIFF
Do you swear that the testimony you
give will be the truth, the whole
truth and nothing but the truth?
CLARK
I do.
KUNSTLER
Mr. Clark, what was your occupation
in the summer of 1968?
CLARK
I was Attorney General of the
United States.
KUNSTLER
You were appointed by President
Johnson.
CLARK
Yes.
KUNSTLER
And confirmed by the United States
Senate.
CLARK
Yes.
KUNSTLER
Did you receive a phone call at
your office at 11:50 A.M. On
September 10th of last year?
CLARK
Yes.
KUNSTLER
From whom was the call?
CLARK
President Johnson.
KUNSTLER
Will you state what President
Johnson said to you and what was
said to him?
SCHULTZ
Your Honor, at this point we’ll
object. A cabinet officer does not
have to and should not have to
relate the contents a private call
he had with the President.
JUDGE HOFFMAN
I’ll sustain the objection.
KUNSTLER
Please the court, this is voir
dire, I thought objections were
reserved.
JUDGE HOFFMAN
There’s a question of
attorney/client privilege to
consider.
CLARK
The president isn’t a client of the
Attorney General.
JUDGE HOFFMAN
(beat)
Excuse me, sir?
CLARK
The president isn’t a client of the
Attorney General. I’m happy to
answer.
There’s a moment of awkward silence...
SCHULTZ
Your Honor, I don’t--hearing from
the witness on this point is highly
irregular.
JUDGE HOFFMAN
(pause)
Well gentlemen, I’m...This is my
courtroom but the witness is the
former--he’s--and he’s just stated
his willingness, you know--so for
the purposes of voir dire I’ll hear
the answer.
CLARK
The President asked me if I
intended to seek any indictments
related to the riots the previous
month in Chicago.
KUNSTLER
And what did you tell him?
CLARK
I told him we wouldn’t be seeking
indictments.
KUNSTLER
Can you tell us why?
CLARK
An investigation by our criminal
division led to the clear
conclusion that the riots were
started by the Chicago Police
Department.
The DEFENDANTS--except TOM and RENNIE--along with many in the
gallery jump up and CHEER, banging the table and shouting.
KUNSTLER gives them a look as JUDGE HOFFMAN gavels the room
to order.
KUNSTLER
Did your counter-intelligence
division make a report as well.
CLARK
They concluded that there had been
no conspiracy on the part of the
defendants to incite violence
during the convention.
KUNSTLER
What happened on the first Tuesday
after the first Monday in November
of that year?
CLARK
Richard Nixon was elected
president.
JUDGE HOFFMAN
Sustained.
KUNSTLER
(beat)
Nobody objected.
SCHULTZ
We do. It’s well known that there’s
no love lost between the witness
and the sitting Attorney General.
The witness has been called to wage
a political attack and he should
not be allowed to appear before the
jury.
JUDGE HOFFMAN
Mr. Kunstler?
KUNSTLER
Your Honor can’t possibly be
considering not allowing the jury
to hear what we’ve just heard.
SCHULTZ
The witness can’t present to them
testimony that will assist in
making a determination of guilt or
innocence.
KUNSTLER
He just testified that his own
Justice Department came to the
conclusion--
SCHULTZ
And the current Justice Department--
the only one that matters--came to
a new conclu--
KUNSTLER
And therefore the motivation of the
prosecution is now called into--
SCHULTZ
The motivation of the prosecution
isn’t an issue in a courtroom.
KUNSTLER
Not any courtroom I’ve ever been in
except this one!
FORAN
Object!
JUDGE HOFFMAN
Mr. Kunstler, do you have any
further examination that will
demonstrate that this witness will
make a material contribution or
should I ask him to step down?
KUNSTLER
You’ve ruled? You’re not going to
let the jury hear his testimony?
JUDGE HOFFMAN
Not unless you can demonstrate to
me, which you have not thus far
done, that this witness-
KUNSTLER
Yes sir.
KUNSTLER gathers himself, then says quietly to the COURT
REPORTER--
KUNSTLER (CONT'D)
(quietly)
Are you any good?
JUDGE HOFFMAN
Are you addressing the Court
Reporter?
KUNSTLER
(quietly)
Keep up with us..
JUDGE HOFFMAN
Mr. Kunstler.
Like a speed drill--
KUNSTLER
(to CLARK)
Is this prosecution politically
motivated?
SCHULTZ
Object!
CLARK
Yes.
KUNSTLER
President Nixon inherited an
unpopular war?
CLARK
Yes.
JUDGE HOFFMAN
Step down please, Mr. Clark.
CLARK
And your clients are making it more
unpopular every day.
KUNSTLER
The administration’s paranoid about
the SDS, the MOBE, the New Left?
JUDGE HOFFMAN
Mr. Clark, please.
(beat)
Please, I’ll be forced to find you
in Contempt. You understand.
CLARK
(pause)
I do, Your Honor.
KUNSTLER
(pause)
Thank you, sir.
JUDGE HOFFMAN
You may step down.
CLARK gets up, shares a look with KUNSTLER, and exits...
KUNSTLER
Your Honor, when the jury returns,
will they be informed that the
defense had called the former
Attorney General but that the Court
ruled he couldn’t testify?
JUDGE HOFFMAN
No, that motion will be denied.
KUNSTLER goes back to his table. Then he absently picks up a
heavy law book and SLAMS it on the table with a BANG.
JUDGE HOFFMAN (CONT'D)
Cite Mr. Kunstler with his third
count of Contempt.
DAVE
(quietly)
You’re a thug.
JUDGE HOFFMAN
Did one of the defendants speak?
DAVE
(standing)
I did. I said you’re a thug and you
are.
TOM
(quietly)
Dave--
JUDGE HOFFMAN
Please sit, Mr. Dellinger.
DAVE
If we’re guilty, why not give us a
trial? If we’re--
JUDGE HOFFMAN
Marshals, seat the defendant.
DAVE
If we’re guilty, as you clearly
decided--
JUDGE HOFFMAN
Watch yourself.
DAVE
--decided we were a long time ago--
(to a MARSHAL)
You don’t need to grab my arm.
(MORE)
DAVE (CONT'D)
(to JUDGE HOFFMAN)
If we’re guilty, then why not give
us a trial? I’ve sat here for six
months and watched you--
(to a MARSHAL)
I’m asking you not to grab--
But A DIFFERENT MARSHAL grabs him. DAVE throws his arm off,
then punches him in the face, sending the MARSHAL to the
floor.
It all happened too fast.
The GALLERY and the DEFENDANTS jump up as the MARSHALS jump
up as DAVE’s taken down by the other MARSHALS then dragged to
his feet with his arms twisted behind him.
JUDGE HOFFMAN
Take him outa here. Lock him up!
As DAVE gets handcuffed, he looks to the back of the
courtroom where his young son is looking at him.
DAVE
(calling)
I hit him. I’m sorry.
The MARSHALS have him out the door.
Genres:
["Drama","Legal"]
Ratings
Scene
48 -
Tensions Rise in the Conspiracy Office
163 INT. CONSPIRACY OFFICE - NIGHT 163
The DEFENDANTS--minus DAVE--are sitting around the
entryway...dejected.
The PHONE RINGS...JERRY picks up the receiver and hangs up.
JERRY
There’s only one thing--one thing
to do. Solidarity with Dave.
Tomorrow we go into court and get
ourselves arrested.
TOM
We’re already arrested.
JERRY
(pause)
Is Bill talking to you about taking
the stand?
(beat)
(MORE)
JERRY (CONT'D)
Some of the press guys are saying
Bill’s been talking to you about
taking the stand.
TOM
He’s been talking to me about it.
JERRY
He thinks you might get the crowd
worked up with a position paper?
TOM
Maybe he thinks I won’t try to get
the crowd worked up at all. Maybe
he thinks there are jurors who’ve
relied on the safety of the police
and are put off when someone calls
them pigs. Or maybe he just wants a
witness who dresses like a grown
man.
JERRY
The cops in this city in the summer
of 1968 were pigs.
TOM
I wonder how many of them have kids
in Vietnam.
JERRY
(to ABBIE)
He’s gonna take the stand, not you?
(beat)
We’re okay with that?
ABBIE’s lost in thought...
JERRY (CONT'D)
Abbie!
ABBIE
(to TOM)
What did you mean the last thing I
want is to end the war?
TOM
(long pause)
What?
ABBIE
Like...50 years ago when the trial
started you said, “Why did you come
to Chicago?” and I said, “To end
the war”, and you turned to
everyone and said, “The last thing
he wants is to end the war.” What
did you mean by that?
TOM
I meant that you’re making the most
of your close-up.
ABBIE
Yeah?
TOM
No more war, no more Abbie Hoffman.
ABBIE
What’s your problem with me,
Hayden?
TOM
I really wish people would stop
asking me that question.
RENNIE
Hey, Dave wouldn’t want us to
fight.
ABBIE
Answer it. One time.
TOM
Alright. 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. 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.
ABBIE
All because of me.
TOM
Mm-hm.
ABBIE
And winning elections, that’s the
first thing on your wish list?
Equality, justice, education,
poverty and progress--they’re
second?
TOM
If we don’t win elections it
doesn’t matter what’s second and
it’s astonishing that someone still
has to explain that to you.
There’s a long silence...
RENNIE
(pause)
Okay, so Jerry was talking about--
ABBIE
(quietly)
We don’t have any money.
TOM
I’m sorry?
ABBIE
We don’t have any money. So I stage
stunts and cameras come,
microphones come. And it’s
astonishing that someone still has
to explain that to you.
TOM
You’re trading a cow for magic
beans.
JERRY
That ended up working.
TOM
What?
JERRY
The magic beans. There was a giant
up there. I can’t remember what
happened after that, the little boy
may have gotten eaten.
FROINES
No, the giant turned out to be
nice.
JERRY
Are you sure?
FROINES
No.
WEINER
It’s almost hard to believe the
seven of us weren’t able to end a
war.
ABBIE
(to TOM)
Lemme ask you something.
RENNIE
You guys should just shake hands.
ABBIE
You think Chicago would’ve gone
differently if Kennedy got the
nomination?
TOM
Do I think--
(laughs a little)
Yes, it--yes. The Irish guys would
have sat down with Daley and--yes.
ABBIE
I think so too.
TOM
Yeah.
ABBIE
That’s why I was wondering--weren’t
you just a little bit happy when
the bullet ripped through his head?
(beat)
No Chicago, no Tom Hayden.
TOM looks at ABBIE for a moment in stunned disbelief, then
lunges at him--
TOM
I WAS ONE OF HIS PALLBEARERS!
Everyone immediately reacts--
ABBIE
(pushing him off)
That’s right!
(beat)
We’re not going to jail because of
what we did, we’re going to jail
because of who we are. Think about
that the next time you shrug off
cultural revolution. We define
winning differently you and me.
KUNSTLER comes in with WEINGLASS.
ABBIE (CONT'D)
Bill, you shoulda seen it. Tom
tried to beat me up but through
sheer of force of intellectual
superiority--
KUNSTLER
Stop talking.
(beat)
Just stop talking.
KUNSTLER reaches into his bag and pulls out an envelope.
KUNSTLER (CONT'D)
Foran’s office turned this over
tonight in discovery. It was given
to them by somebody in the crowd.
KUNSTLER’s taken a reel-to-reel tape out of the envelope.
KUNSTLER (CONT'D)
No foul play, there are affidavits,
they really did just get this.
TOM
What’s on the tape?
KUNSTLER
The sound of you starting the
Chicago riot.
KUNSTLER goes into the living room and everyone follows.
TOM
(pause)
What?
KUNSTLER
Somebody had a tape recorder at the
band shell.
(MORE)
KUNSTLER (CONT'D)
They’ve got you saying it. It’s a
clear tape. You can’t take the
stand.
TOM
I can handle Schultz and the tape.
KUNSTLER
No.
TOM
They’re going to play the tape
anyway, right?
KUNSTLER
If you take the stand they’ll make
you answer for it and you can’t.
TOM
They’d just cracked Rennie’s head
open.
KUNSTLER
So you started a riot--defense
rests.
TOM
They’d just cracked--
KUNSTLER
“If blood is going to flow--”
TOM
Bill--
KUNSTLER
“--let it flow all over the city.”
TOM
They’d just clubbed Rennie.
KUNSTLER
Everybody kept their cool. Abbie,
Dave, shit--
(pointing to JERRY)
--this guy kept his cool! You’re
the one who lost it.
TOM
I can take the stand.
KUNSTLER
You want to hear what the cross
from Schultz is gonna sound like?
TOM
Sure. I’ll show you what my
answers’ll sound like.
164 EXT. GRANT PARK - NIGHT 164
A giant CROWD OF DEMONSTRATORS is listening to DAVE introduce
a speaker. TOM, ABBIE and JERRY are standing off to the side
on stage. RENNIE’s way in the back of the crowd.
DAVE
They called him a radical. They
called him a criminal. They called
him un-American.
In the back of the crowd, RENNIE looks to his left where a
young guy is starting to climb a flagpole.
TOM, from the stage, looks to the back of the crowd and sees
the same thing.
TOM (V.O.)
First of all, it turned out the guy
climbing the flagpole was a kid.
Genres:
["Drama"]
Ratings
Scene
49 -
Cross-Examination in the Conspiracy Office
165 INT. CONSPIRACY OFFICE - NIGHT 165
KUNSTLER
It seems like you guys attract an
awful lot of underage minors.
TOM
(to WEINGLASS)
You want to object?
WEINGLASS
Objection.
KUNSTLER
Overruled.
TOM
We attract the people who have the
most to lose by this war
continuing.
KUNSTLER
I’m glad you brought that up. Did
you serve?
TOM
I wasn’t drafted. I didn’t try to
evade the--I had a high number.
KUNSTLER
But you didn’t enlist.
TOM
I did not volunteer to kill
Vietnamese people, no.
KUNSTLER
You testified that you saw at least
six policemen start to go after the
man--sorry, kid--who was climbing
the flagpole.
TOM
Yes.
KUNSTLER
It was dark and you were a hundred
yards away. Do you have telescopic
night vision?
TOM
There were floodlights.
Genres:
["Drama","Legal"]
Ratings
Scene
50 -
Tensions Rise at Grant Park
166 EXT. GRANT PARK - NIGHT 166
DAVE
And when they called him anti-
American. He said, “No. That
ignominious distinction goes to
those who mouth American values--
POLICEMEN in the back of the crowd see the kid climbing the
flagpole and move in to stop him.
RENNIE and a few others dive into the police, trying to get
them to stop.
DAVE (CONT'D)
--while breaking America’s heart.”
RENNIE
(shouting)
Hey! It’s alright! He’s a kid!
We’ll get him down!
From the stage, TOM can see that a little trouble’s started--
DAVE
I’d like to introduce you now to
Carl Oglesby of the SDS.
TOM
(to himself)
Shit.
167 INT. CONSPIRACY OFFICE - NIGHT 167
KUNSTLER
And?
TOM
The police were shoving Rennie
away.
168 EXT. GRANT PARK/FLAG POLE - NIGHT 168
OFFICER
This doesn’t concern you!
RENNIE
Just leave the kid alone! He’ll
come down!
OFFICER #2
I know who you are! Step back!
Genres:
["Drama","Legal","Political"]
Ratings
Scene
51 -
Night of Confrontation
A169 INT. CONSPIRACY OFFICE - NIGHT A169
TOM
Rennie was just trying to get the
police off of the kid.
KUNSTLER
Get the police off of the kid.
TOM
Yes.
KUNSTLER
How?
TOM
He was--
KUNSTLER
--grabbing them?
B169 EXT. GRANT PARK - NIGHT B169
TOM’s watching helplessly as this develops. The OFFICERS have
the kid pinned against the flagpole now and an OFFICER
punches the kid in the groin as hard as he can. Then does it
again.
RENNIE
Jesus!
RENNIE grabs the OFFICER and pulls him off the kid--
169 INT. CONSPIRACY OFFICE - NIGHT 169
TOM
Outa nowhere--
A170 INT. GRANT PARK - NIGHT A170
A nightstick cracks RENNIE across the face, sending blood
flying.
Genres:
["Drama","Legal","Historical"]
Ratings
Scene
52 -
Escalation in Grant Park
B170 INT. CONSPIRACY OFFICE - NIGHT B170
TOM
It was six armed police officers
versus Rennie Davis and a pocket
protector so I can understand that
response.
KUNSTLER
How ‘bout your response. Let’s
press “Play”.
KUNSTLER has a small reel-to-reel tape recorder out now and
hits “play”. It’s a crude recording but we HEAR FROINES--
170 EXT. GRANT PARK - NIGHT 170
FROINES steps to the microphone--
FROINES
I’d like to say to the police back
there that we have--we’re allowed
to be here, we have a permit for--
we need medics back there.
The camera is PUSHING IN ON TOM. People have limits and TOM’s
coming face to face with his.
171 INT. CONSPIRACY OFFICE - NIGHT 171
Back to the tape recording--
KUNSTLER
Dellinger tried to stop you from
saying what you were about to say
to the crowd.
172 EXT. GRANT PARK - NIGHT 172
DAVE comes over to TOM--
TOM
Rennie’s been beaten.
DAVE
We can--listen to me--we can still
get everybody out of here safely.
TOM
No we can’t.
DAVE
Tell ‘em to stay calm.
TOM
No.
DAVE
They’ll listen to you.
173 INT. CONSPIRACY OFFICE - NIGHT 173
KUNSTLER
Did you tell ‘em to stay calm?
A174 INT. GRANT PARK - NIGHT A174
TOM takes over the microphone from FROINES--
TOM
Rennie Davis has just been beaten
by the police! Rennie’s skull has
been cracked open.
Genres:
["Drama","Legal","Political"]
Ratings
Scene
53 -
Incitement and Consequences
B174 INT. CONSPIRACY OFFICE - NIGHT B174
KUNSTLER
Did you tell your crowd to stay
calm or did you--
TOM
Bill--
KUNSTLER
I’m Richard Schultz and John
Mitchell told me to win, Tom. Did
you tell your crowd to stay calm or
did you say--
TOM
Yes. Absolutely. If blood is going
to flow--
174 EXT. GRANT PARK - NIGHT 174
TOM
(shouting into the
microphone)
--let it flow all over the city!
DAVE
Goddammit Tom!
TOM
(into the microphone)
If gas is going to be used, let it
come down all over Chicago! We’re
going to the Convention!
The CROWD REACTION, which has been building wildly in volume,
has reached a crescendo--
TOM (CONT'D)
Let’s get on the street! Get on the
street!
175 INT. CONSPIRACY OFFICE - NIGHT 175
KUNSTLER
“If blood is going to flow, let it
flow all over the city.” Was that
an order to start a peaceful
demonstration?
176 EXT. GRANT PARK - NIGHT 176
And now we’re on the backs of a line of riot police who are
climbing up the back of a hill in the dark. They get to the
crest of the hill and we see what they see--an ARMY OF
PROTESTORS coming right toward them.
177 INT. CONSPIRACY OFFICE - NIGHT 177
KUNSTLER
Once you’d had a moment to settle
down, did you try top stop people?
178 EXT. GRANT PARK - NIGHT 178
The ARMY OF PROTESTORS is getting closer to the BATTALION OF
RIOT POLICE. We HEAR a RADIO COMMAND and--
BAM--tear gas gets shot into the crowd.
BAM BAM BAM--more tear gas gets fired.
We see TIGHT IMAGES of protestors getting cracked in their
heads and across their faces by police batons.
179 INT. CONSPIRACY OFFICE - NIGHT 179
KUNSTLER
You didn’t try to stop anyone.
TOM
No.
Genres:
["Drama","Political","Historical"]
Ratings
Scene
54 -
Confrontation at the Bridges
180 EXT. GRANT PARK - NIGHT 180
We see bloody faces on the ground as the feet of the
protestors move by.
TOM is going through the crowd and directing them--
TOM
(shouting)
The bridges! Head to the bridges!
The bridges!
181 INT. CONSPIRACY OFFICE - NIGHT 181
KUNSTLER
You were the one who told people to
go to the footbridges.
TOM
The ones who were able to make it
out of the park without getting
arrested or maimed.
KUNSTLER
And those people, the ones you sent
to the footbridges, did they know
what was waiting for them on the
other side?
182 EXT. FOOTBRIDGE - NIGHT 182
A few hundred protestors who made it through the battalion of
riot police come into view at one end of a footbridge
connecting to Michigan Avenue.
Headlights come into view from the other direction and we see
that the source of the headlights are a moving wall of five
Jeeps outfitted with concertina wire in front.
183 EXT. ANOTHER FOOTBRIDGE - SAME TIME 183
Another group of protestors meets a moving line of NATIONAL
GUARDSMEN with bayonets.
184 EXT. THIRD FOOTBRIDGE - SAME TIME 184
A third group of protestors meet armored vehicles covered
with NATIONAL GUARDSMEN.
Genres:
["Drama","Political","Historical"]
Ratings
Scene
55 -
Navigating Chaos: The Path to the Convention
185 INT. CONSPIRACY OFFICE - NIGHT 185
KUNSTLER
All access to the convention was
blocked.
TOM
By an armored division.
KUNSTLER
Of the Illinois National Guard,
they’re the good guys.
TOM
Jeeps fitted with concertina wire
called Daley Dozers, and when did I
stop being one of the good guys?
KUNSTLER
Let’s find out. Were glass bottles
being thrown at the police?
A186 EXT. FIRST FOOTBRIDGE - NIGHT A186
We see glass bottles flying through the air and crashing on
the street in front of the police.
DAVE
Shit, no!
DAVE starts making his way through the crowd--
DAVE (CONT'D)
(shouting)
Don’t throw anything! Drop the
bottles! Don’t throw anything!
B186 INT. CONSPIRACY OFFICE - NIGHT (FILE FOOTAGE) B186
TOM
Some people threw bottles. Dave was
the one trying to shut it down.
They were frustrated--all three
footbridges were--
KUNSTLER
You, Abbie, Jerry and 11 others
eluded the police.
TOM
I wouldn’t say we eluded them, I’d
say we were fleeing from them.
KUNSTLER
You found an unguarded bridge.
186 EXT. SMALL FOOTBRIDGE - NIGHT 186
TOM, ABBIE, JERRY and 15 others are standing on one end of a
dark, empty bridge that’s only protected by a police
barricade.
JERRY throws the barricade over and they head across--
187 INT. COLLEGE AUDITORIUM - NIGHT 187
ABBIE
Now here’s where things got weird.
188 INT. CONSPIRACY OFFICE - DAY 188
KUNSTLER
You, Abbie, Jerry and 11 others
found the only way to the
convention.
189 INT. COLLEGE AUDITORIUM - NIGHT 189
ABBIE
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. And the place
was packed to watch Humphrey
getting the nomination a mile away.
190 INT. HAYMARKET TAVERN - NIGHT 190
The place is crowded with lawyers and their dates who are
partying it up. On the television sets we can see and hear
the roll call vote being taken.
One side of the bar is a floor-to-ceiling picture window.
DELEGATE (FROM TV)
Mr. Chairman, the great state of
Ohio, the Buckeye State--
PATRONS
(toasting)
The Buckeye State!
191 INT. COLLEGE AUDITORIUM - NIGHT 191
ABBIE
One side of the Haymarket Tavern is
a huge picture window with smoked
glass. You can’t see inside from
the street.
192 EXT. HAYMARKET TAVERN - NIGHT 192
TOM, ABBIE, JERRY and the others have just about crossed to
the other side of an intersection clogged with police
barricades, police vehicles, ambulances, etc., to a darker
place on the street.
Genres:
["Drama","Political","Historical"]
Ratings
Scene
56 -
Caught in the Chaos
193 INT. CONSPIRACY OFFICE - NIGHT 193
KUNSTLER
You made it through the riot
police, the tear gas, the national
guard and you’re in sight of the
Convention Center--
194 EXT. HAYMARKET TAVERN - NIGHT 194
TOM, ABBIE, JERRY and the others are on a dark, empty
sidewalk.
A few riot police appear from around the corner. The group
turns in the other direction where more riot police appear.
195 INT. CONSPIRACY OFFICE - NIGHT 195
TOM
Where we got trapped.
KUNSTLER
What’s another word for trapped?
TOM
We were trapped between the window
and the police.
KUNSTLER
What’s another word for trapped?
(beat)
“Caught”, right?
196 EXT. HAYMARKET TAVERN - NIGHT 196
TOM, ABBIE, JERRY and the others are basically pinned against
the picture window by the riot police who are coming closer.
197 INT. COLLEGE AUDITORIUM - NIGHT 197
ABBIE
Inside the bar it’s like the 60’s
never happened. Outside the bar,
the 60’s were being performed for
anyone who looked out the window.
198 INT. HAYMARKET TAVERN - NIGHT 198
The roll call continues on the television sets and the
festive mood continues. A WOMAN looks out the window and
notices the backs of the protestors that are out there. Her
date is deep in conversation--
BAR PATRON #1
Does anyone know what a buckeye is?
WOMAN
(trying to get his
attention)
Hey.
BAR PATRON #2
A buckeye?
BAR PATRON #1
Yeah.
WOMAN
Am I the only one who sees what’s
going on out there?
BAR PATRON #2
A buckeye is a nut. A poisonous
nut.
We see a few other people near the window are starting to
notice what’s going on outside.
199 INT. COLLEGE AUDITORIUM - NIGHT 199
ABBIE
And we see a cop do something you
don’t ever want to see a cop do.
200 EXT. HAYMARKET TAVERN - NIGHT 200
We PUSH IN on TOM as he sees a RIOT OFFICER pull off his
badge and then his name tag and put them in a pocket. ABBIE
watches as the another RIOT OFFICER pulls off their badge and
name tag. JERRY watches another.
201 INT. CONSPIRACY OFFICE - NIGHT 201
KUNSTLER
All those people, how come you and
Abbie and Jerry are the only ones
who saw them do that?
TOM
I don’t know. It was dark. People
were scared.
Genres:
["Drama","Political","Historical"]
Ratings
Scene
57 -
Chaos and Confrontation
202 INT. COLLEGE AUDITORIUM - NIGHT 202
ABBIE
60’s outside the bar. 50’s inside
the bar. And then...? An
unnecessary metaphor.
203 INT. HAYMARKET TAVERN - NIGHT 203
BAR PATRON #2
(over the noise)
It’s a nut?
BAR PATRON #1
What?
BAR PATRON #2
(louder)
A nut!
CRASH!!!!!!--TOM, ABBIE, JERRY and the DEMONSTRATORS are
pushed through the window, which smashes to pieces. PATRONS
are SCREAMING as the RIOT POLICE come in after the
DEMONSTRATORS.
204 INT. CONSPIRACY OFFICE - NIGHT 204
KUNSTLER
Were you resisting arrest?
TOM
They pushed us through the window.
KUNSTLER
You overrun the riot police--
And now TOM and KUNSTLER begin talking over each other at the
same time--
KUNSTLER (CONT'D) TOM
--make it past the tear gas, (simultaneously)
make it past the national Which is more than Rennie can
guard, find an open bridge, say! Over 400 people admitted
you can practically reach to area hospitals with severe
your hand out and touch the injuries! They had armored
convention and you gave vehicles! Bayonets! They took
yourself up peacefully? off their name tags and
badges! We were trying to
protest peacefully at the
fucking convention!
Genres:
["Drama","Political"]
Ratings
Scene
58 -
Shared Defeat and Understanding
205 INT. HAYMARKET TAVERN - NIGHT 205
TOM is sitting on the floor in the rubble and the
aftermath...He sees ABBIE sitting against a wall in
handcuffs...They’re both bleeding and they share a look of
defeat...
POLICEMAN (O.S.)
Hands behind your back.
TOM
(pause)
Yeah.
206 INT. CONSPIRACY OFFICE - NIGHT 206
KUNSTLER
Who started the riot, Tom?
TOM is spent. After a moment he says a word that doesn’t mean
to make sense by itself...
TOM
(pause)
“Our”.
KUNSTLER
(pause)
What?
TOM
(beat)
“Our”. “Our blood”.
ABBIE puts it together...
ABBIE
(pause)
“Our” blood. If “our” blood is
going to flow--you meant to say,
“If ‘our’ blood is going to flow,
let it flow all over the city.” You
didn’t mean the cops, you were
saying if they’re going to beat us
up then everyone should see it.
KUNSTLER
(quietly)
Jesus Christ.
ABBIE
You do this--
(to KUNSTLER)
He does this, it’s a pattern. Read
his portion of the Port Huron
Statement. He implies possessive
pronouns and he uses vague noun
modifiers.
TOM looks at ABBIE...
TOM
(pause)
You read the Port Huron Statement?
ABBIE
I’ve read everything you’ve
published.
TOM
I didn’t know that.
ABBIE
You’re a talented guy. Except for
the possessive pronouns and the
vague--
TOM
I know.
And for the first time, TOM is able to allow himself a
laugh...then--
TOM (CONT'D)
(to KUNSTLER)
Put Abbie on the stand instead.
JUDGE HOFFMAN (V.O.)
Would you state your full name for
the record please.
Genres:
["Drama","Legal","Historical"]
Ratings
Scene
59 -
Words on Trial
207 INT. COURTROOM - DAY 207
ABBIE’s on the stand.
ABBIE
It’s Abbie.
JUDGE HOFFMAN
Your last name.
ABBIE
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.
JUDGE HOFFMAN
What is your date of birth?
ABBIE
Psychologically, 1960.
JUDGE HOFFMAN
What were you doing until 1960?
ABBIE
Nothing really. It’s called an
American education.
JUDGE HOFFMAN
Why don’t we just proceed with the
testimony.
ABBIE
Sure.
KUNSTLER
Do you know why you’re on trial
here?
ABBIE
We carried certain ideas across
state lines. Not machine guns or
drugs or little girls.
(MORE)
ABBIE (CONT'D)
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.
In 1861, Lincoln said in his
Inaugural address that, “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 on
trial with the rest of us.
KUNSTLER
How do you overthrow and dismember
a government peacefully?
ABBIE
In this country we do it every four
years.
KUNSTLER
That’s all.
KUNSTLER sits.
SCHULTZ smiles a little...
SCHULTZ
So Chicago was just a massive voter
registration drive.
ABBIE
(laughs)
Yeah.
SCHULTZ
Did you hear the tape that was
played in court of Mr. Hayden at
the bandshell?
ABBIE
Yes.
SCHULTZ
You heard the tape?
ABBIE
Yes.
SCHULTZ
Did you hear Mr. Hayden give an
instruction to his people to take
to the streets?
ABBIE
His people. Hayden’s not a mafia
Don and neither am I.
SCHULTZ
Did you hear him say, “If blood is
gonna flow, let it flow all over
the city”?
ABBIE
The beginning of the sentence was
supposed to be--
(beat--forget it)
Yes. Yes I did.
SCHULTZ
What do you think of that?
ABBIE
I think Tom Hayden’s a badass of an
American patriot.
SCHULTZ
I didn’t ask what you thought of
the man, I asked what you thought
of his instruction to the crowd.
ABBIE
You know, I’ve heard Tom Hayden
say, “Let’s end the war” too but
nobody stopped shooting. You can do
anything to anything by taking it
out of context, Mr. Schultz.
SCHULTZ
Is that right?
ABBIE
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?
SCHULTZ
Jerry Rubin?
ABBIE
(laughing a little)
Yeah. No. It was Jesus Christ.
(MORE)
ABBIE (CONT'D)
Matthew 10:34. And it sure sounds
like he’s telling kids to kill
their parents. Until you read
Matthew 10:33 and 10:35.
SCHULTZ
Did you--
ABBIE
He’d just seen his best friend get
hit in the face with a nightstick.
The police, Mr. Schultz, whose
people are they?
SCHULTZ
Do you have contempt for your
government?
ABBIE
(laughing)
Do I--
SCHULTZ
Do you have contempt for your
government?
ABBIE
I think the institutions of our
democracy are wonderful things
that, right now, are populated by
some terrible people.
SCHULTZ
Please answer the question.
ABBIE
Tell me again?
SCHULTZ
Do you have contempt for your
government?
ABBIE
I’ll tell you, Mr. Schultz, it’s
nothing compared to the contempt my
government has for me.
SCHULTZ
We’ve heard from 27 witnesses
who’ve testified under oath that
you hoped for a confrontation with
the police.
(MORE)
SCHULTZ (CONT'D)
That your plans for the convention
were specifically designed to draw
the police into a confrontation.
ABBIE
If I’d known it was going to be the
first wish of mine that came true I
would’ve aimed higher.
SCHULTZ
It’s a yes or no question. When you
came to Chicago were you hoping for
a confrontation with the police?
ABBIE says nothing for a moment...
SCHULTZ (CONT'D)
I’m concerned that you have to
think about it.
ABBIE
Gimme me a moment, would you
friend? I’ve never been on trial
for my thoughts before.
FADE TO BLACK
TITLE:
Trial Day 113
Genres:
["Drama","Legal"]
Ratings
Scene
60 -
Defiance in the Courtroom
208 INT. COURTROOM - DAY 208
We see some familiar faces in the gallery. DAVE’S FAMILY,
HOWARD, DAPHNE, BERNADINE...and we now see that FROINES and
WEINER are in the front row of the gallery too, no longer
with the defendants.
We HEAR a heavy door open on the side and the gallery hushes,
their eyes fixed on the side door.
The DEFENDANTS are led in wearing prison coveralls. They
exchange looks with FROINES and WEINER as they’re led to the
defense table.
BAILIFF
All rise.
JUDGE HOFFMAN enters and takes his seat without fanfare.
BAILIFF (CONT'D)
69 CR 180, United States of America
versus David Dellinger et al.
JUDGE HOFFMAN
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 that
the group has chosen Mr. Hayden. Is
that right?
TOM
(standing)
Yes sir.
JUDGE HOFFMAN
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
your actions. I truly believe--I
mean this--I truly believe that one
day you could be a very productive
part of our system. I’d like you to
make your statement brief and
without any political content of
any kind. If you make your
statement brief, if you make it
respectful, remorseful and to the
point, I will look favorably upon
that when administering my
sentence. Do you understand what I
just said?
TOM sees a thick sheaf of papers that sits in front of Rennie
at the table.
JUDGE HOFFMAN (CONT'D)
Mr. Hayden?
TOM
Yes.
(pause)
You’ll look favorably in
sentencing.
JUDGE HOFFMAN
Yes.
TOM
(pause)
If I make my statement respectful
and remorseful.
JUDGE HOFFMAN
Yes.
TOM
And I’m sorry, Your Honor, what was
the third one?
JUDGE HOFFMAN
Brief.
TOM
Brief. If I do those things...then
my government will look favorably
on me.
JUDGE HOFFMAN
You understand?
TOM looks back at the packed GALLERY--Dave’s wife and son,
Fred’s girlfriend, CLAIRE...
TOM
Yes sir.
JUDGE HOFFMAN
Please begin.
TOM
Okay.
TOM takes the thick sheaf of papers from in front of Rennie--
TOM (CONT'D)
Your Honor, since the day this
trial began, four-thousand seven
hundred and fifty-two U.S. troops
have been killed in Vietnam.
(pause)
And the following are their names.
ABBIE leads the other DEFENDANTS in CHEERING as the GALLERY
ERUPTS and stands for this final moment of defiance. RENNIE
makes a small fist-pump to himself before standing and
CHEERING.
TOM (CONT'D)
Corporal Kenneth Joe Auston, 19
years old. Specialist Billy Francis
Dodd, 21 years old.
JUDGE HOFFMAN is banging his gavel, trying to restore order
as the NAMES and the CHEERING continue.
JUDGE HOFFMAN
There will be--Mr. Kunstler, he
will not read four-thousand five-
hundred names into the record.
There will be quiet in the gallery!
Mr. Hayden!
TOM
Staff Sergeant David Cruz Chavez,
31 years old. Corporal Philip
Lawrence Jewell, 21 years old.
Amidst the CHEERING and CLAPPING and GAVEL BANGING, SCHULTZ
rises to his feet.
FORAN
What are you doing?
SCHULTZ
Respect for the fallen.
(beat)
Show ‘em some respect, sir.
JUDGE HOFFMAN is banging his gavel in vain.
And while the NAMES and the CHEERING continue, the picture
starts to slowly freeze into a tableau...
209 Over the frozen picture we see the following TITLES-- 209
Abbie Hoffman, Tom Hayden, David Dellinger, Jerry Rubin and
Rennie Davis were found Guilty of Incitement to Riot and
sentenced to 5 years each in federal prison.
DISSOLVE TO:
The verdict was reversed by the Seventh Circuit Court of
Appeals and a new trial was ordered.
DISSOLVE TO:
The U.S. Attorney declined to re-try the case.
DISSOLVE TO:
In 1974, in a bi-annual survey, 78% of Chicago trial lawyers
gave Judge Julius Hoffman a rating of “Unqualified”.
DISSOLVE TO:
William Kunstler served 10 days in prison for Contempt of
Court.
DISSOLVE TO:
Attorney General John Mitchell served 18 months in Federal
prison for his role in the Watergate break-in.
DISSOLVE TO:
Bobby Seale was found Not Guilty of murder by a Connecticut
jury. He lives in Northern California and has published
several books on barbecuing.
DISSOLVE TO:
Jerry Rubin became a stockbroker. In 1994 he was struck and
killed by a car while jaywalking near the campus of UCLA.
DISSOLVE TO:
Tom Hayden was elected to the California State Assembly in
1989. He lost his bid for the U.S. Senate by 2 percentage
points.
DISSOLVE TO:
Abbie Hoffman wrote a best-selling book, though the number of
copies in circulation is unknown as the title was Steal This
Book.
DISSOLVE TO:
He killed himself in 1989.
The CHEERING and the NAMES continue for just another moment
before we immediately
SNAP TO BLACK
From the BLACK, we HEAR a huge crowd shout, one last time--
CROWD (V.O.)
THE WHOLE WORLD IS WATCHING!
ROLL CREDITS