Читать книгу The Trial of the Chicago 7: History, Legacy and Trial Transcript - Bruce A. Ragsdale - Страница 23

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The Chicago Eight, later Seven, were indicted in the U.S. District Court for the Northern District of Illinois on charges of conspiracy to incite riots and on individual charges of intent to incite riots or to promote the use of incendiary devices. The court’s chief judge, William Campbell, presided over the grand jury investigation. Campbell was randomly selected as the trial judge following the grand jury’s indictment, but he recused himself because of his familiarity with the evidence presented to the grand jury. Then Judge Julius Hoffman was randomly selected to preside over the trial.

When the defendants appealed their convictions on criminal contempt, all of the district court’s active judges, except for Judge Hoffman, petitioned the U.S. Court of Appeals for the Seventh Circuit for permission to file a brief supporting the broad authority and discretion of a trial judge to punish contempt. The court of appeals denied permission, saying that it would be almost impossible for the district judges to avoid the appearance of supporting one side in the dispute over Judge Hoffman’s contempt charges. More than two years later, the U.S. court of appeals reversed the contempt convictions and remanded them for retrial by another judge in the district court. At the request of the chief judge of the court of appeals, Chief Justice Warren Burger designated Judge Edward Gignoux, of the U.S. District Court of Maine, to serve on temporary assignment as the judge of the retrial of the contempt charges. Gignoux presided over the trial that ended on December 6, 1973, with the conviction of three defendants and one of their attorneys on thirteen counts of contempt.

The district courts were established by the Congress in the Judiciary Act of 1789, and they serve as the trial courts in each of the judicial districts of the federal judiciary. The U.S. District Court for the Northern District of Illinois was established in 1855, when Congress divided Illinois into two judicial districts. Illinois was subsequently divided into three judicial districts, but the Northern District has always included Chicago. The court’s jurisdiction over the Chicago conspiracy trial was based on federal laws making it a crime to travel across state lines with the intent to incite riots and on laws making it a crime to demonstrate the use or manufacture of explosives that might be used to disrupt commerce.