The Trial of the Chicago 7 Page #17

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...

121.

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.

122.

CLARK:

It’s General Clark and arrest me or

shut the f*** up.

(to TOM--simply)

Found it.

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.

123.

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.

124.

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.

125.

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.

126.

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-

127.

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?

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