The trial of the United States of America vs. David T. Dellinger, et al. (variously called the Chicago Conspiracy Trial and Dellinger vs. [John] Mitchell) opened September 26, 1969 in Federal District Court in Chicago, with Judge Julius Hoffman presiding. The seven defendants, Jerry Rubin, Abbie Hoffman, David Dellinger, Tom Hayden, Rennie Davis, John Froines, and Lee Weiner, were charged with conspiring to cross state lines to incite a riot, and inciting a riot as individuals. An eighth defendant, Bobby Seale, was originally charged with the seven, but his case was separated in October 1969. The charges against the Chicago Seven, as they came to be known, stemmed from their participation in the massive street demonstrations and violent conflicts with the police, National Guard, and Army which occurred during the five days of the August 1968 Democratic National Convention in Chicago. The trial was marked by frequent outbursts by the defendants, resulting in contempt of court charges against all seven and their attorneys, William Kunstler and Leonard Weinglass. The trial on the original charges lasted until February 18, 1970, with all seven ultimately acquitted of the conspiracy charges, and Froines and Weiner acquitted of the individual charges as well. The remaining five were convicted on the individual charges, and all of the defendants and their attorneys were convicted on the contempt charges. In 1972, the 1970 contempt convictions were overturned on appeal, and in a retrial Kunstler, Hoffman, Rubin, and Dellinger were again found guilty, although none ever served a prison sentence as a result.
Since the 1969-1970 trial, the Center for Constitutional Rights, New York City, with which William Kunstler is connected, has used the Freedom of Information Act to gather information that purports to show that Judge Hoffman and the prosecuting United States Attorney acted in concert during the trial and that Judge Hoffman had planned to hold the defendants in contempt of court before the alleged contemptuous behavior occurred. In 1980, Attorney Kunstler attempted to have the contempt charges ruled invalid, in a case argued in the State of Maine. The judge would not dismiss the charges, but the case is still (as of 1981) considered unfinished.
