Blog #26: Bobby Seale Confronts Judge


A bit of history that Jalil wants people to know:

United States District Court Northern District Of Illinois Eastern Division
United States of America ex rel.| Judge Julius J. Hoffman | | v. > No. 69 CR 180 | Bobby G. Seale |
CERTIFICATE OF CONTEMPT
In conformity with Rule 42(a) of the Federal Rules of Criminal Procedure and Title 18, United States Code, Section 401 I hereby certify that I saw and heard the conduct set forth below, which conduct took place in the actual presence of the Court during the trial of the case entitled United States of America v. David Dellinger, et al., 69 CR 180 which commenced on September 24, 1969, and has continued to the date of this order.
I find that the acts, statements and conduct of the defendant Seale hereinafter specified, each constitute a separate contempt of this Court; that each constituted a deliberate and wilful attack upon the administration of justice in an attempt to sabotage the functioning of the Federal judicial system; that this misconduct was of so grave a character as to continually disrupt the orderly administration of justice. To maintain the dignity of the Court and to preserve order in the courtroom under these circumstances has been a task of utmost difficulty. There were accordingly repeated warnings to the defendant Seale to cease this conduct and that it would be dealt with accordingly at an appropriate time. However, his continued disruptive conduct made it necessary for this Court for the first time within the experience of this Court to physically and forcibly restrain him. These measures, however, proved insufficient. Because of the potential effect that the continuation of these activities might have had in the future on the administration of justice in this case, it is necessary that I deal with this conduct at this time. As isolated questions from or references to the transcript can give but a partial view of the act, statements and conduct referred to, I hereby make the entire record part of these proceedings.
The Court also notes that a reading of this record can not and does not reflect the true intensity and extent of the disruptions which, in some instances, were accompanied by physical violence which occurred in the presence of the Court.
Accordingly, I adjudge the defendant Bobby G. Seale guilty of the several criminal contempts described below. In citing these specific acts and statements of the defendant Seale as contemptuous, the Court has selected only the most flagrant.
I.
On Friday, September 26, 1969, during the morning session prior to the time opening statements were made, the defendant Seale addressed the Court in the following manner (Tr. 3):
“If I am consistently denied this right of legal defense counsel of my choice who is effective by the judge of this court, then I can only see the judge as a blatant racist of the United States Court—
The Court: Just a minute. Just a minute.
Mr. Seale: —with gross prejudicial error toward all defendants and myself—
The Court: Just a minute. What did you say?
Read that, Miss Reporter.
Mr. Seale: I said if my constitutional rights are denied as my constitutional rights have been denied in the past in the course of the trial, et cetera, then the tenor is the act of racism, and me, a black man, there seems to be a form of prejudice against me, even to the other defendants, on the part of the judge.”
II.
During the morning session on October 14, 1969, while the Court, Mr. Schultz and Mr. Weinglass were engaged in a colloquy, the defendant Seale interrupted Mr. Weinglass and the following occurred (Tr. 2206):
“Mr. Seale: Hey, you don’t speak for me. I would like to speak on behalf of my own self and have my counsel handle my case in behalf of myself.
How come I can’t speak in behalf of myself? I am my own legal counsel. I don’t want these lawyers to represent me.
The Court: You have a lawyer of record and he has been of record here since the 24th.
Mr. Seale: I have been arguing that before that jury heard one shred of evidence. I don’t want these lawyers because I can take up my own legal defense and my lawyer is Charles Garry.
The Court: I direct you, sir, to remain quiet.
Mr. Seale: And just be railroaded?
The Court: Will you remain quiet?
Mr. Seale: I want to defend myself, do you mind, please?
The Court: Let the record show that the defendant Seale continued to speak after the court courteously requested him to remain quiet.”
III.
During the morning session on October 16, 1969, out of the presence of the jury, while the witness Oklepek was testifying, a colloquy began between the Court, a marshal and Mr. Kunstler.
After a marshal explained that three spectators who were asked to leave the court had been allowed to return, the defendant Seale stated to the Court: “I think there is a bit of racism involved myself.” (Tr. 2700).
IV.
During the afternoon session on October 20, 1969, out of the presence of the jury, the defendant Seale presented and extensively argued a motion to be permitted to defend himself (Tr. 3121-3145). At the conclusion of the argument the jury returned to the courtroom and the following occurred (Tr. 3145):
“The Court: Is there any cross examination of this witness?
Mr. Seale: I would like to say, Judge, that you denied my motion to defend myself and you know this jury is prejudiced against me.
The Court: I will ask you to sit down.
Mr. Seale: You know that; the jury can’t go home to their loved ones and their homes, and you know they have been made prejudiced against me.
The Court: Ladies and gentlemen of the jury, you are excused.”
The jury was then excused and the following occurred (Tr. 3145-3149):
“Mr. Seale: They have been made prejudiced against me, I know. I should be allowed to defend myself. I should be allowed to speak so I can defend myself.
The Marshal: Be quiet.
Mr. Seale: Don’t tell me to shut up. I got a right to speak. I need to speak to defend myself.
The Court: Mr. Seale: I must admonish you that any outburst such as you have just indulged in will be appropriately dealt with at the right time during this trial and I must order you not to do it again.
Mr. Seale: In other words, Judge—
The Court: If you do, you do it at your own risk, sir.
Mr. Seale: In other words, you are saying you are going to put me in contempt of court for speaking on behalf of myself?
The Court: I will not argue with you.
Mr. Marshal—
Mr. Seale: Is that what you are saying to me? I mean, I want to be clear.
The Court: Will you be quiet? That is all. You have lawyers to speak for you.
Mr. Seale: They don’t speak for me. I want to represent myself. Charles R. Garry is not here in my service. I have explained to you in the past what the situation was. I was put in jail and everything else. Now you are saying you are going to put me in jail, you are going to put me in jail, that’s one thing. You are going to put me in contempt of court because I am speaking in behalf of myself.
The Court: I didn’t put you there, sir.
Mr. Seale: Because I am speaking in behalf of myself, to have a right to defend myself.
The Court: Yes sir.
Mr. Schultz: If the Court please, there is one thing that has not been stated—
Mr. Seale: The jury is prejudiced against me all right and you know it because of those threatening letters. You know it, those so-called jive threatening letters, and you know it’s a lie. Now how can that jury give me a fair trial?
The Court: Mr. Marshal, will you go to that man and ask him to be quiet?
Mr. Seale: I will speak for myself. They can speak on behalf of myself. I still want to defend myself, and I know I have a right. I just want to let him know. That racist, that fascist. You know, the black man tries to get a fair trial in this country. The United States Government, huh. Nixon and the rest of them.
Go ahead and continue. I’ll watch and get railroaded.
Mr. Schultz: If the Court please, there is one thing that has not been placed on the record, the fact that since the trial began—in fact, I think since September 24th, so far as I know—and I think this is a hundred per cent accurate—whenever the defendants have wanted to meet with Mr. Seale and the lawyers, the marshals have made arrangements to bring them to a room where all of them could get together, where Mr. Seale and the defendants and the lawyers have all met and consulted at every occasion that they have so requested. It has been done on a regular basis since the trial did begin.
I just thought that should be on the record and if there is any statement by defense counsel to the contrary, since I am not at the meetings and I don’t know how many times they have asked the marshals to meet, I think they should so state now.
Mr. Seale: I would like to put something on the record. You weren’t in that room unless you got a tape recorder in there and—
The Marshal: I am asking you to keep quiet.
Mr. Seale: That man is lying on me.
The Marshal: All right.
Mr. Seale: I met with these defendants and argued with these so-called cats about so-called defending me. I want that for the record, too.”
V.
During the morning session on October 22, 1969, while argument on a motion of William Kunstler for leave to withdraw as counsel for defendant Seale, the following occurred in open court (Tr. 3534-3536):
“Mr. Seale: Can I speak on that and answer his argument?
The Court: No. This is not your motion, sir. Your motion has been decided.
Mr. Seale: In other words, I can’t speak in behalf of myself?
The Court: Not at this time, sir.
Mr. Seale: Why not?
The Court: Because this is your lawyer’s motion.
Mr. Seale: That ain’t my lawyer.
The Court: This is not your motion. This is the motion of Mr. William Kunstler for leave to withdraw as your lawyer.
Mr. Seale: Well, this man has misconstrued a whole lot of things concerning my right to defend myself and he knows he did.
They can jack you up and get you to sit up there and say rotten, crazy stuff concerning my right to defend myself.
The Court: I would request the marshal to ask the young man to sit down.
Mr. Seale: Well, I want my right to defend myself and this man knew, I indicated to him he was not my counsel at the very beginning when I first got here and arrived here and was in jail.
The Court: That motion—since you will not listen to the Court, you may sit down.
Have him sit down, Mr. Marshal.
Mr. Seale: I still want my right to defend myself. A railroad operation, and you know it, from Nixon on down. They got you running around here violating my constitutional rights.”
VI.
During the morning session on October 22, 1969, in the presence of the jury after the witness Carcerano had been excused, the Government attempted to offer Government’s Exhibit 14 into evidence and the following occurred (T. R. 3599-3601):
“ Mr. Schultz: That’s the number, your Honor. We would like to offer it at this time so that before the next witness takes the stand—
The Court: Show it to counsel.
Mr. Seale: That’s not a black power sign. Somebody correct the Court on that. It’s not the black power sign. It’s the power to the people sign.
The Court: Mr. Marshal, will you stop the talking, please.
Mr. Seale: Yes, but that is still wrong, Judge Hoffman. It’s not a black power sign. It’s a power to the people sign, and he is deliberately distorting that, and that’s a racist technique.
Mr. Schultz: If the Court please, this man has repeatedly called me a racist—
Mr. Seale: Yes, you are. You are, Dick Schultz.
Mr. Schultz: And called Mr. Foran a racist—
The Court: Ladies and gentlemen of the jury, I will ask you to leave the court. Mr. Marshal, remove the ladies and gentlemen of the jury.”
The jury was then asked to leave the courtroom and the following occurred:
“The Court: Mr. Seale and Mr. Kunstler, your lawyer, I must admonish you that such outbursts are considered by the court to be contemptuous, contumacious, and will be dealt with appropriately in the future.
Mr. Kunstler: Your Honor, the defendant was trying to defend himself, and I have already indicated my—
The Court: The defendant was not defending himself.
Mr. Seale: I was too, defending myself. Any time anybody gives me the wrong symbol in this courtroom is deliberately—
The Court: He is not addressing me with authority—
Mr. Seale: —distorting, and put it on the record.
The Court: Instruct that man to keep quiet.
Mr. Seale: I want to defend myself and ask him if he isn’t lying, and he is going to put that lying crap on the record? No siree—I am not going to sit here and get that on the record. I am going to at least get it be known—request that you understand that this man is erroneously representing symbols related to the party of which I am chairman.”
VII.
During the afternoon session on October 22, 1969, the Court informed the defendant Seale that the Court would supervise the decorum of the courtroom and the following occurred in open court (Tr. 3641-3642):
“ Mr. Seale: They don’t take orders from racist judges, but I can convey the orders for them and they will follow them.
The Court: If you continue with that sort of thing, you may expect to be punished for it. I warned you right through this trial and I warn you again, sir.
Bring in the jury.
Mr. Seale: We protested our rights for four hundred years and we have been shot and killed and murdered and brutalized and oppressed for four hundred years because of—
The Court: There is another instance, that outburst may appear of record and it does.
Did you get it, Miss Reporter?
The Reporter: Yes, sir.
Mr. Seale: I hope you got my part for the record, too, concerning that. Did you get that, ma’am?
The Reporter: Yes, sir.
Mr. Seale: Thank you.
The Court: And that outburst also.
Mr. Dellinger: I think you should under stand we support Bobby Seale in this— at least I do.
The Court: I haven’t asked you for any advice here, sir.
Mr. Seale: If you let me defend myself, you could instruct me on the proceedings that I can act, but I have to just—
The Court: You will have to be quiet.
Mr. Seale: All I have to do is clear the record. I want to defend myself in behalf of my constitutional rights.
The Court: Let the record show that the defendant Seale has refused to be quiet in the face of the admonition and direction of the court.
Mr. Seale: Let the record show that Bobby Seale speaks out in behalf of his constitutional rights, his right to defend himself, his right to speak in behalf of himself in this courtroom.
The Court: Again let the record show that he has disobeyed the order of the court.
Bring in the jury, Mr. Marshal.
Mr. Seale: Please do.”
VIII.
At the opening of the morning session on October 27, 1969, the following occurred in open court (Tr. 4217-4222):
“The Court: Ladies and gentlemen of the jury, good morning.
Mr. Seale: Good morning, ladies and gentlemen of the jury.
As I said before, I hope you don’t blame me for anything.
The Court: Mr. Marshal, will you tell that man to sit down.
The Marshal: Take a seat, Mr. Seale.
Mr. Seale: I know—
The Court: Mr. Marshal, I think Mr. Seale is saying something there.
Mr. Seale: I know I am saying something. You know I am getting ready to speak out in behalf of my constitutional rights again, don’t you?
The Court: I will ask you to sit down, sir.
The Marshal: Sit down.
Mr. Seale: You also know I am speaking out for the right to defend myself again, don’t you, because I have that right as a defendant, don’t I?
The Court: I will have to ask you to sit down, sir.
Mr. Seale: You know what I am going to say, don’t you?
The Court: No, I don’t.
Mr. Seale: Well, I said it before.
The Court: I don’t know what you are going to say and you have a very competent lawyer of record here.
Mr. Seale: He is not my lawyer and you know I fired him before that jury was even picked and put together.
The Court: Will you ask him to sit down, Mr. Marshal?
The Marshal: Sit down, Mr. Seale.
Mr. Seale: What about my constitutional right to defend myself and have my lawyer?
The Court: Your constitutional rights—
Mr. Seale: You are denying them. You have been denying them. Every other word you say is denied, denied, denied, denied, and you begin to oink in the faces of the masses of the people of this country. That is what you begin to represent, the corruptness of this rotten government of four hundred years.
The Marshal: Mr. Seale, will you sit down.
Mr. Seale: Why don’t you knock me in the mouth? Try that.
The Marshal: Sit down.
The Court: Ladies and gentlemen of the jury, I regret that I will have to excuse you.
Mr. Seale: I hope you don’t blame me for anything and those false lying notes and letters that were sent that said the Black Panther Party threatened that jury, it’s a lie, and you know it’s a lie, and the government did it to taint the jury against me.
(The following proceedings were had in open court, out of the presence and hearing of the jury:)
Mr. Seale: You got that? This racist administrative government with its super man notions and comic book politics. We’re hip to the fact that Super Man never saved no black people. You got that?
Mr. Kunstler: I might say, your Honor, you know that I have tried to withdraw from this and you know that Mr. Seale—
The Court: I don’t know what you tried to do. I know your appearance is of record, and I know I have your assurance orally of record that you represent this man.
Mr. Kunstler: You have a withdrawal of that assurance, your Honor. You knew that on September 30th, you knew that Mr. Seale had discharged me.
The Court: You represent him and the record shows it.
Mr. Kunstler: Your Honor, you can’t go on those semantics. This man wants to defend himself.
The Court: This isn’t semantics. I am not fooled by all of this business.
Mr. Seale: I still demand the right to defend myself. You are not fooled? After you have walked over people’s constitutional rights?
The Marshal: Sit down, Mr. Seale.
Mr. Seale: After you done walked over people’s constitutional rights, after you done walked over people’s constitutional rights, the Sixth Amendment, the Fifth Amendment, and the phoniness and the corruptness of this very trial, for people to have a right to speak out, freedom of speech, freedom of assembly, and et cetera. You have did everything you could with those jive lying witnesses up there presented by these pig agents of the Government to lie and say and condone some rotten racists, facist crap by racist cops and pigs that beat people’s heads—and I demand my constitutional rights—demand—demand—
Call in the jury.
The Court: Will the Marshal bring in the jury, please.”
IX.
During the direct examination of the witness, William Frapolly on October 27, 1969, the following occurred (Tr. 4342-4346):
“ Mr. Seale: I object to that because my lawyer is not here, I have been denied my right to defend myself in this courtroom. I object to this man’s testimony against me because I have not been allowed my constitutional rights.
The Court: I repeat to you, sir, you have a lawyer. Your lawyer is Mr. Kunstler, who represented to the Court that he represents you.
Mr. Seale: He does not represent me.
The Court: And he has filed an appearance.
Ladies and gentlemen, I will excuse you.
(The following proceedings were had in open court, outside the presence and hearing of the jury:)
Mr. Kunstler: May I say I have withdrawn or attempted to withdraw.
Mr. Seale: The defense filed a motion before the jury ever heard any evidence, and I object to that testimony.
The Court: For your information, sir, I do not hear parties to a case who are represented by lawyers. You are represented by a lawyer.
Mr. Seale: I am not represented by a lawyer. I am not represented by Charles Garry for your information.
The Marshal: Sit down, Mr. Seale.
The Court: Now you just keep on this way and—
Mr. Seale: Keep on what? Keep on what?
The Court: Just sit down.
Mr. Seale: Keep on what? Keep on getting denied my constitutional rights?
The Court: Will you be quiet?
Mr. Seale: I object to that man’s— can’t I object to that man there sitting up there testifying against me and my constitutional rights denied to my lawyer being here?
Now I still object. I object because you know it is wrong. You denied me my right to defend myself. You think black people don’t have a mind. Well, we got big minds, good minds, and we know how to come forth with constitutional rights, the so-called constitutional rights. I am not going to be quiet. I am talking in behalf of my constitutional rights, man, in behalf of myself, that’s my constitutional right to talk in behalf of my constitutional rights.
The Court: Bring in the jury, Mr. Marshal.
Mr. Seale: I still object to that man testifying against me without my lawyer being here, without me having a right to defend myself.
Black people ain’t supposed to have a mind? That’s what you think. We got a body and a mind. I wonder, did you lose yours in the Superman syndrome comic book stories? You must have to deny us our constitutional rights.
The Court: Are you getting all of this, Miss Reporter?
Mr. Seale: I hope she gets it all.
(The following proceedings were had in open court, within the presence and hearing of the jury:)
Mr. Seale: Taint the jury against me, send them threatening letters that I never sent, that I never sent, and you know it’s a lie, you keep them away from their homes and they blame me every time they come in this room because they are being kept away from their homes, and you did it.
The Court: Are you going to stop, sir?
Mr. Seale: I am going to talk in behalf of my constitutional rights.
The Court: You may continue, sir, with the direct examination of this witness.
And I note that your counsel has remained quiet during your dissertation.
Mr. Seale: You know what? I have no counsel here. I fired that lawyer before that jury heard anything and you know it. That jury hasn’t heard all of the motions you denied behind the scenes. How you tricked that juror out of that stand there by threatening her with that jive letter that you know darned well I didn’t send, which is a lie. And they blame me every time they are being kept from their loved ones and their homes. They blame me every time they come in the room. And I never sent those letters, you know it.
The Court: Please continue with the direct examination.”
X.
On October 28, 1969, during the afternoon session, while the witness William Frapolly was testifying on cross examination, the following occurred in open court (Tr. 4607 et seq.):
“The Court: Mr. Weinglass, do you want to cross examine this witness?
Mr. Seale: I would like to request to cross examine the witness.
The Court: You have a lawyer here.
Mr. Seale: That man is not my lawyer. The man made statements against me. Furthermore you violated Title 1982 of the United States—well, you are still violating it.
The Marshal: Sit down, Mr. Seale.
Mr. Seale: You violated the Code. You violated the United States Laws against my rights.
The Court: Mr. Marshal, will you ask Mr. Seale to sit down in his chair?
Mr. Seale: You are violating Title 42, United States Criminal Code. You are violating it because it states that a black man cannot be discriminated against in his legal defense.
The Court: Will you sit down?
Mr. Seale: It is an old Reconstruction law and you won’t recognize it, so I would like to cross examine the witness.
The Court: Will you sit down, sir?
Mr. Seale: I still want to cross examine the witness.
The Court: You may not.
A Marshal: May I remove the jury please?
The Court: Ladies and gentlemen of the jury, you may be excused.”
After the jury was excused, the defendant Seale continued to refuse to obey the order of the Court to remain silent. Thereupon the following occurred in open Court (Tr. 4611 et seq.):
“The Court: Let the record show that the defendant—
Mr. Seale: Let the record show you violated that and a black man cannot be discriminated against in relation to his legal defense and that is exactly what you have done. You know you have. Let the record show that.
The Court: The record shows exactly to the contrary.
Mr. Seale: The record shows that you are violating, that you violated my constitutional rights. I want to cross examine the witness. I want to cross examine the witness.
The Court: Bring in the jury, Mr. Marshal, and we will let them go for this evening.
I admonish you, sir, that you have a lot of contemptuous conduct against you.
Mr. Seale: Admonish you. You are in contempt of people’s constitutional rights. You are in contempt of the constitutional rights of the mass of the people of the United States. You are the one in contempt of people’s constitutional rights. I am not in contempt of nothing. You are the one who is in contempt. The people of America need to admonish you and the whole Nixon administration.
Let me cross examine the witness. You won’t even let me read—you wouldn’t even let me read my statement this morning, my motion this morning, concerning the fact that I wanted a copy of the transcript for my own legal defense.
The Court: Bring in the jury.
Is he getting the jury?
The Clerk: Yes, your Honor.
The Court: Tell him to just bring them before the box.
Mr. Seale: I want to cross examine the witness.
Mr. Hayden: Let the record show the Judge was laughing.
Mr. Seale: Yes, he is laughing.
The Court: Who made that remark?
Mr. Foran: The defendant Hayden, your Honor, made the remark.
Mr. Seale: And me.
The Court: Let the record show that—
Mr. Seale: I still want to cross examine the witness to defend myself.”
The Jury was then returned to the courtroom to be excused for the day during which time the defendant Seale continued to speak. Thereafter, the following occurred in open court (Tr. 4615 et seq.):
“The Court: You may sit down.
I must admonish the defendant and his counsel—
Mr. Seale: Counsel ain’t got nothing to do with it. I’m my own counsel.
The Court: You are not doing very well for yourself.
Mr. Seale: Yes, that’s because you violated my constitutional rights, Judge Hoffman. That’s because you violated them overtly, deliberately, in a very racist manner. Somebody ought to point out the law to you. You don’t want to investigate it to see whether the people get their constitutional rights. Sixty-eight thousand black men died in the Civil War for that right. The right was made during the Reconstruction period. They fought in that war and 68,000 of them died. That law was made for me to have my constitutional rights.
The Court: Do you want to listen to me for a moment?
Mr. Seale: Why should I continue listening to you unless you are going to give me my constitutional rights. Let me defend myself.
The Court: I am warning you, sir, that the law—
Mr. Seale: Instead of warning, why don’t you warn me I have got a right to defend myself, huh?
The Court: I am warning you that the court has the right to gag you. I don’t want to do that. Under the law you may be gagged and chained to your chair.
Mr. Seale: Gagged? I am being railroaded already. I am being railroaded already.
The Court: The Court has that right and I—
Mr. Seale: The Court has no right whatsoever. The Court has no right to stop me from speaking out in behalf of my constitutional rights because it is denying me the constitutional rights to seek [sic] out in behalf of myself and my legal defense.
The Court: The Court will be in recess until tomorrow morning at ten o’clock.
The Marshal: Everyone will please rise.
Mr. Seale: I am not rising. I am not rising until he recognizes my constitutional rights. Why should I rise for him? He is not recognizing—
The Court: Mr. Marshal—
Mr. Seale: I am not rising.”
XI.
On October 29, 1969, during the morning session, the following occurred in open court (Tr. 4632 et seq.):
“Mr. Schultz: If the Court please, before you came into this courtroom, if the Court please, Bobby Seale stood up and addressed this group.
Mr. Seale: That’s right, brother.
Mr. Schultz: And Bobby Seale said if he is—
Mr. Seale: I spoke on behalf of my constitutional rights. I have a right to speak on behalf of my constitutional rights. That’s right.
Mr. Schultz: And he told those people in the audience, if the Court please—and I want this on the record. It happened this morning—that if he’s attacked, they know what to do.
Mr. Seale: I can speak on behalf of my constitutional rights, too.
Mr. Schultz: He was talking to these people about an attack by them.
Mr. Seale: You’re lying. Dirty liar. I told them to defend themselves. You are a rotten racist pig, fascist liar, that’s what you are. You’re a rotten liar. You’re a rotten liar. You are a fascist pig liar.
I said they had a right to defend themselves if they are attacked, and I hope that the record carries that, and I hope the record shows that tricky Dick Schultz, working for Richard Nixon and administration all understand that tricky Dick Schultz is a liar, and we have a right to defend ourselves, and if you attack me I will defend myself.
Spectators: Right on.
Mr. Schultz: If the Court please, that is what he said, just as he related it.
Mr. Seale: You’re darned right.
Mr. Schultz: In terms of a physical attack by the people in this—
Mr. Seale: A physical attack by those damned marshals, that’s what I said.
The Court: Let—
Mr. Seale: And if they attack my people, they have a right to defend themselves, you lying pig.
The Court: Let the record show the tone of Mr. Seale’s voice was one shrieking and pounding on the table and shouting. That will be dealt with appropriately at some time in the future.”
The defendant Seale then continued to speak after the jury entered the courtroom and the Court then excused them. After the jury left, the defendant Seale made the following comment to the Court (Tr. 4641):
“Mr. Seale: If a witness is on the stand and testifies against me and I stand up and speak out in behalf of my right to have my lawyer and to defend myself and you deny me that, I have a right to make those requests. I have a right to make those demands on my constitutional rights. I have a constitutional right to speak, and if you try to suppress my constitutional right to speak out in behalf of my constitutional rights, then I can only see you as a bigot, a racist, and a fascist, as I have said before and clearly indicated on the record.”
XII.
On October 29, 1969, during the morning session when the cross examination of the witness Frapolly was completed, the following occurred in open court (Tr. 4719 et seq.):
“The Court: Is there any redirect examination?
Mr. Seale: Before the redirect, I would like to request again—demand—that I be able to cross examine the witness. My lawyer is not here. I think I have a right to defend myself in this courtroom.
The Court: Take the jury out, and they may go to lunch with the usual order.
Mr. Seale: You have George Washington and Benjamin Franklin sitting in a picture behind you, and they was slave owners. That’s what they were. They owned slaves. You are acting in the same manner, denying me my constitutional rights being able to cross examine this witness.
(The following proceedings were had in open court, out of the presence and hearing of the jury:)
Mr. Seale: You have had direct examination, we have cross examination by the other defendants’ lawyers, and I have a right to cross examine the witness.
The Court: Mr. Seale, I have admonished you previously—
Mr. Seale: I have a right to cross examine the witness.
The Court: —what might happen to you if you keep on talking.
Mr. Seale: I still have the right to cross examine the witness.
Why don’t you recognize my constitutional rights.
The Court: Mr. Kunstler has his appearance on record here as your attorney.
Mr. Seale: He is not. He is not. He is not my lawyer, and you know that.
The Court: He is. I don’t know—
Mr. Seale: You know that.
The Court: I know that he is, and I know this is just an entire device here—
Mr. Seale: He is not my lawyer. You have forced—you have made your choice of who you think should represent me. That is not true. I make the choice of Charles R. Garry to represent me.
The Court: We are going to recess now, young man. If you keep this up—
Mr. Seale: Look, old man, if you keep up denying me my constitutional rights, you are being exposed to the public and the world that you do not care about people’s constitutional rights to defend themselves.
The Court: I will tell you that what I indicated yesterday might happen to you—
Mr. Seale: Happen to me? What can happen to me more than what Benjamin Franklin and George Washington did to black people in slavery? What can happen to me more than that?
The Court: And I might add since it has been said here that all of the defendants support you in your position that I might conclude that they are bad risks for bail, and I say that to you, Mr. Kunstler, that if you can’t control your client—
Mr. Seale: I still demand my constitutional rights as a defendant in this case to defend myself. I demand the right to be able to cross-examine this witness. He has made statements against me and I want my right to—
The Court: Have him sit down, Mr. Marshal.
Mr. Seale: I want my constitutional rights. I want to have my constitutional rights. How come you won’t recognize it? How come you won’t recognize my constitutional rights? I want to have the right to cross-examine that witness.
Mr. Schultz: May the record show, if the Court please, that the defendant Dellinger—
Mr. Seale: I want my right to cross-examine the witness, my right to defend myself in this courtroom. I do not have a lawyer in this courtroom.
The Court: I will hear from you, Mr. Schultz.
Mr. Schultz: May the record show, if the Court please, that while the marshals were seating Bobby Seale, pushing him in the chair, the defendant Dellinger physically attempted to interfere with the marshals by pushing them out of the way.
Mr. Seale: I want my rights. I want my rights to defend myself. I want my right to defend myself in this trial: I want my rights recognized.
The Court: Mr. Kunstler, I will address you if you will stand up.
Mr. Kunstler: I was going to address you, your Honor, because you had made some remarks—
Mr. Seale: He doesn’t represent me. You can address him all you want. He doesn’t represent me. He doesn’t represent me. You can address him all you want.
They are the ones that’s pushing me.
Mr. Kunstler: Your Honor, you made a threat about my—
The Court: I tell you that Mr. Dellinger—if that is his name—has said here that they support the performances of this man, the statements of this man.
Mr. Kunstler: They support his right to have a lawyer or to defend himself.
The Court: You told me you were his lawyer.
Mr. Kunstler: Your Honor—
Mr. Seale: He is not my lawyer.
The Court: I have the transcript right here.
Mr. Kunstler: Your Honor, we have gone over that.
Mr. Seale: I told you I fired him before the trial began.
The Court: You haven’t explained—
Mr. Kunstler: I have explained it fully. I have been discharged—
The Court: No, you haven’t, and you will.
Mr. Kunstler: I told you on the 27th and I told you on the 30th.
The Court: I tell you some day you will have to explain it.
Mr. Kunstler: That is another threat to the lawyers, your Honor. We have had so many that—
The Court: Now I will tell you this, that since it has been said here that all of the defendants support this man in what he is doing, I over the noon hour will reflect on whether they are good risks for bail and I shall give serious consideration to the termination of their bail if you can’t control your clients, and you couldn’t yesterday afternoon.
Mr. Seale: I am not—I am not a defendant—he is not my lawyer. I want my right to defend myself. I want my right to defend myself.
Mr. Kunstler: Your Honor, they said this morning they supported fully his right to defend himself or have his lawyer of choice, and if that is the price of their bail, then I guess that will have to be the price of their bail.
The Court: Let me tell you—
Mr. Seale: I have a right to defend myself. That’s what you—
The Court: Will you, Mr. Marshal, have that man sit down.
Mr. Seale: You trying to make jive bargaining operations and that’s different from the right I have.
I have a right to defend myself. I still have a right to defend myself whether you sit me down or not. I still got a right to defend myself. I got a right to speak on behalf of my defense. I have a right to speak out in behalf of my defense, and you know it. You know it. Why don’t you recognize my right to defend myself?
Mr. Schultz: May the record show that the defendant Dellinger did the same thing just now?
The Court: I saw it myself.
Mr. Kunstler: Your Honor, he is trying to see what is happening.
Mr. Seale: I want the constitutional right to defend myself. I want the right to cross examine the witness, and why don’t you recognize the law of this land and give me my constitutional right to defend myself?”
XIII.
At the beginning of the afternoon session on October 29, 1969, the Court and Counsel engaged in a lengthy colloquy during which the following occurred (Tr. 4752):
“Mr. Kunstler: Your Honor, I would just like about two minutes to respond.
Mr. Seale: Since he made all of these statements, can I say something to the court?
The Court: No, thank you.
Mr. Seale: Why not?
The Court: Because you have a lawyer and I am not going to go through that again.
Mr. Seale: He is not my lawyer. How come I can’t say nothing? He had distorted everything, and it relates to the fact I have a right to defend myself.
The Court: I ask you to sit down. If there has been any distortion by anybody, I am perfectly capable of understanding it.
Mr. Seale: I don’t think you will. See? I don’t think you will. Your past actions of denying me the constitutional right to defend myself—
The Court: Did you want to reply, Mr. Kunstler?
Mr. Seale: Yes, I did. I wanted to reply.
The Court: I was talking to Mr. Kunstler, if you don’t mind.”
The colloquy continued and the Court thereafter ordered the jury into the courtroom at which time the following occurred (Tr. 4762 et seq.):
“Mr. Kunstler: Then I have nothing further to say, your Honor.
The Court: Bring in the jury, please.
Mr. Seale: What about Section 1982, Title 42 of the Code where it says the black man cannot be discriminated against in my legal defense in any court in America?
The Court: Mr. Seale, you do know what is going to happen to you—
Mr. Seale: You just got through saying you observed the laws. That law protects my right not to be discriminated against in my legal defense. Why don’t you recognize that? Let me defend myself. From the first time when I asked—when I attempted to make an opening statement, and you stopped me and denied me that right—
The Court: I will not hear you now. I am asking you to be silent.
Mr. Seale: I want to know will you— Oh, look—it’s a form of racism, racism is what stopped my argument.
The Court: Hold the jury, Mr. Marshal.
Mr. Seale: My argument is and I still argue the point that you recognize my constitutional rights to defend myself.
The Court: Mr. Seale, do you want to stop or do you want me to direct the marshal—
Mr. Seale: I want to argue the point about this so you can get an understanding of the fact I have a right to defend myself.
The Court: We will take a recess.
Take that defendant into the room in there and deal with him as he should be dealt with in this circumstance.
Mr. Seale: I still want to be represented. I want to represent myself.
The Marshal: Mr. Kunstler, will you instruct the defendants, sir, that it is the order of the court that they will arise upon the recess?
Mr. Kunstler: If that is a direction of the court, I certainly will pass it on.
The Court: Let the record show none of the defendants have stood at this recess, in response to the Marshal’s request.
The court will be in recess for a few minutes.
Mr. Seale: Let the record show that—
The Marshal: This court will take a brief recess.
Mr. Seale: Let the record show—”
In an attempt to maintain order in the courtroom, the Court thereupon ordered the defendant Seale removed from the courtroom at which time he was forcibly restrained by binding and gagging. The defendant Seale was then returned to the courtroom, but continued to shout through the gag. The Court then ordered the marshal to reinforce the gag. The gag was then reinforced and the defendant Seale was returned to the courtroom. Eventually the jury was allowed in the courtroom for the afternoon session.
XIV.
On October 30, 1969, at the opening of the morning session, the Court ordered the Marshal to adjust the restraints on the defendant Seale after he had complained of discomfort. Thereupon the following occurred in open court (Tr. 4814 et seq.):
“The Court: If the marshal has concluded that he needs assistance, of course.
I will excuse you, ladies and gentlemen of the jury, with my usual orders.
(The following proceedings were had in open court, out of the presence and hearing of the jury:)
Mr. Kunstler: Your Honor, are we going to stop this medieval torture that is going on in this courtroom? I think this is a disgrace.
Mr. Rubin: This guy is putting his elbow in Bobby’s mouth and it wasn’t necessary at all.
Mr. Kunstler: This is no longer a court of order, your Honor; this is a medieval torture chamber. It is a disgrace. They are assaulting the other defendants also.
Mr. Rubin: Don’t hit me in my balls, m ---- f ----.
Mr. Seale: This m ---- f ---- is tight and it is stopping my blood.
Mr. Kunstler: Your Honor, this is an unholy disgrace to the law that is going on in this courtroom and I as an American lawyer feel a disgrace.
Mr. Foran: Created by Mr. Kunstler.
Mr. Kunstler: Created by nothing other than what you have done to this man.
Mr. Hoffman: You come down here and watch it Judge.
Mr. Foran: May the record show that the outbursts are the defendant Rubin.
Mr. Seale: You fascist dogs, you rotten, low-life son-of-a-bitch. I am glad I said it about Washington used to have slaves, the first President—
Mr. Dellinger: Somebody go protect him.
Mr. Foran: Your Honor, may the record show that that is Mr. Dellinger saying someone go to protect him and the other comment is by Mr. Rubin.
Mr. Rubin: And my statement, too.
The Court: Everything you say will be taken down.
Mr. Kunstler: Your Honor, we would like the names of the marshals. We are going to ask for a judicial investigation of the entire condition and the entire treatment of Bobby Seale.
The Court: You ask for anything that you want. When you begin to keep your word around here that you gave the court perhaps things can be done.
Mr. Kunstler: If we are going to talk about words I am prepared to give you back your word about Mr. Ball yesterday and what he said you said to him. We have the transcript now.
The Court: Don’t point at me, sir, in that manner.
Mr. Kunstler: If we are going to talk about words, I’d like to exchange some.
The Court: Don’t point at me in that manner.
Mr. Kunstler: I just feel so utterly ashamed to be an American lawyer at this time.
The Court: You should be ashamed of your conduct in this case, sir.”
Thereafter, because of the chaos in the courtroom the morning session of court was recessed.
XV.
During the afternoon session on Thursday, October 30, 1969, the following occurred (Tr. 4930-4934):
“Mr. Seale: I would like to cross-examine the witness. I want to cross-examine the witness.
The Court: Ladies and gentlemen of the jury, I will have to excuse you.
Mr. Seale: My constitutional rights have been violated. The direct examination is over, cross examination is over, I want to cross-examine the witness.
The Court: Please be quiet, sir. I order you to be quiet.
Mr. Seale: I have a right to cross-examine the witness. I want to cross-examine the witness at this time. I object to you not allowing me to cross-examine the witness. You know I have a right to do so.
The Court: Ladies and gentlemen of the jury, you are excused until tomorrow morning at ten o’clock. I must order you not to talk with anybody about this case, or let anybody speak with you about it, do not read the newspapers or any other journals. Do not listen to radio or television or look at television. If anybody attempts to communicate with you about this case in any manner, please get in touch with the United States Marshal who will in turn lay the matter before me.
You are excused until tomorrow morning at ten o’clock.
Mr. Witness, I direct you to return here tomorrow morning at ten o’clock.
Mr. Schultz: If the Court please, I think the examination of the witness was completed.
Mr. Weinglass: No.
Mr. Schultz: Oh, I am sorry. Mr. Weinglass was going to ask a question.
The Court: He had another question, he said.
I am sorry, I will have to direct you to return here tomorrow morning at ten o’clock.
I must order you not to talk with anybody about this case or let anybody speak with you about it until you resume the stand.
The Witness: Yes, sir.
The Court: Mr. Marshal, you may take the jury out.
(The following proceedings were had in open court, out of the presence and hearing of the jury:)
The Court: Now I want to tell you, Mr. Seale, again—I thought you were going to adhere to my directions. You sat there and did not during this afternoon intrude into the proceedings in an improper way.
Mr. Seale: I never intruded until it was the proper time for me to ask and request and demand that I have a right to defend myself and I have a right to cross-examine the witness: I sit through other cross examinations and after the cross examinations—
The Marshal: The Court will be in recess until tomorrow morning at ten o’clock.”
XVI.
On Wednesday, November 5, 1969, during the morning session, following the direct examination of the witness Ray, the following took place [(Tr. 5404-5406)]:
“Mr. Seale: I would like to approach the lectern.
The Court: You may not cross examine, sir.
Mr. Seale: Well, I think I have a right to cross examine.
The Court: No, you have no right in the circumstances of this case.
Mr. Seale: Why did you follow me, could you please tell me, Mr. Witness—
The Court: Mr. Seale—
Mr. Seale: —at the airport?
The Court: Mr. Seale, I ask you to sit down.
Mr. Seale: Have you ever killed a Black Panther Party member?
The Court: Mr. Seale, I will have to ask you to sit down, please.
Mr. Seale: Have you ever been on any raids in the Black Panther Party’s offices or Black Panther Party members’ homes?
The Court: Mr. Seale, this is the third time I am asking you to sit down, as courteously as possible.
Mr. Seale: Why don’t you let me cross examine the witness and defend myself?
The Court: Because you are not entitled to. You have a lawyer of record who signed his appearance in his own handwriting.
Mr. Seale: This man was fired. He was not my lawyer before the jury heard one shred of evidence, before one witness even raised his hand to be sworn in the trial. The trial had not started until that happens.
The Court: You may not stand up—
Mr. Seale: This man is not my counsel.
The Court: Will you sit down, please.
Mr. Seale: He is not the representative of me. I am trying to defend myself. I’m being railroaded.
The Court: Will you sit down, sir.
Mr. Seale: Why can’t you see that I have a right to try and cross examine witnesses, and I have a right to defend myself.
The Court: I am saying that you do not have the right at this juncture, sir.
Mr. Seale: Look there’s 3500 material here that this here man is testifying against me. Somebody has to cross examine him.
The Court: But not you.
Mr. Seale: Me, myself, my own person have no right to defend myself? This is erroneous. It is a complete, complete overt, fascist attempt, fascist operation—
The Court: Ladies and gentlemen of the jury—
Mr. Seale: —of denying me my constitutional right.
The Court: Ladies and gentlemen of the jury, I ask you to leave the courtroom.
(Whereupon the following further proceedings were had herein, in open court, outside the presence and hearing of the jury:)
Mr. Seale: How about that? You are talking about insulting you. You are the one that is insulting me, insulting the people of the world, insulting the people of America, and you know it.
The Court: Gentlemen, we will recess until two o’clock.”
XVI.
On Wednesday, November 5, 1969, during the morning session, following the direct examination of the witness Ray, the following took place [(Tr. 5404-5406)]:
" Mr. Seale: I would like to approach the lectern.
The Court: You may not cross examine, sir.
Mr. Seale: Well, I think I have a right to cross examine.
The Court: No, you have no right in the circumstances of this case.
Mr. Seale: Why did you follow me, could you please tell me, Mr. Witness—
The Court: Mr. Seale—
Mr. Seale: —at the airport?
The Court: Mr. Seale, I ask you to sit down.
Mr. Seale: Have you ever killed a Black Panther Party member?
The Court: Mr. Seale, I will have to ask you to sit down, please.
Mr. Seale: Have you ever been on any raids in the Black Panther Party's offices or Black Panther Party members' homes?
The Court: Mr. Seale, this is the third time I am asking you to sit down, as courteously as possible.
Mr. Seale: Why don't you let me cross examine the witness and defend myself?
The Court: Because you are not entitled to. You have a lawyer of record who signed his appearance in his own handwriting.
Mr. Seale: This man was fired. He was not my lawyer before the jury heard one shred of evidence, before one witness even raised his hand to be sworn in the trial. The trial had not started until that happens.
The Court: You may not stand up—
Mr. Seale: This man is not my counsel.
The Court: Will you sit down, please.
Mr. Seale: He is not the representative of me. I am trying to defend myself. I'm being railroaded.
The Court: Will you sit down, sir.
Mr. Seale: Why can't you see that I have a right to try and cross examine witnesses, and I have a right to defend myself.
The Court: I am saying that you do not have the right at this juncture, sir.
Mr. Seale: Look there's 3500 material here that this here man is testifying against me. Somebody has to cross examine him.
The Court: But not you.
Mr. Seale: Me, myself, my own person have no right to defend myself? This is erroneous. It is a complete, complete overt, fascist attempt, fascist operation—
The Court: Ladies and gentlemen of the jury—
Mr. Seale: —of denying me my constitutional right.
The Court: Ladies and gentlemen of the jury, I ask you to leave the courtroom.
(Whereupon the following further proceedings were had herein, in open court, outside the presence and hearing of the jury:)
Mr. Seale: How about that? You are talking about insulting you. You are the one that is insulting me, insulting the people of the world, insulting the people of America, and you know it.
The Court: Gentlemen, we will recess until two o'clock."
Accordingly, it is therefore ordered that pursuant to the authority vested in this Court by Rule 42(a) of the Federal Rules of Criminal Procedure, and by Title 18, United States Code, Section 401, the defendant Bobby G. Seale be punished for the several contempts of this Court listed above. I find that the acts, statements and conduct of the defendant Bobby G. Seale, constituted a deliberate and wilful attack upon the administration of justice; an attempt to sabotage the functioning of the Federal Judiciary System, and misconduct of so grave a character as to make the mere imposition of a fine a futile gesture and a wholly insignificant punishment.
Therefore, it is further ordered that the defendant Seale be and he is hereby 389*389ordered committed to the custody of the Attorney General of the United States or his authorized representative for imprisonment for a term of three (3) months on each and every of the sixteen (16) specifications, the sentences to follow each other; said sentences being consecutive.
Enter: /s/ Julius J. Hoffman United States District Judge Dated at Chicago, Illinois, this 5th day of November, 1969