a special feature the 7 " sunday daily about the Berrigans T Number 59 Night Editor: Linda Dreeben Sunday, March 19, 1972, Ari The Harrisburg & Genesis of a conspiracy By MARK DILLEN HARRISBURG, Pa. "I hope also that you're not worry- ing about us seven, or about Ted Glick. We're okay, getting it togeth- er, and we'll get it more together as the courtroom debacle develops. Af- ter all, we have one another, our lives in resistance, the best of law- yers, you and thousands like you. That's more than enough going for us." -Father Philip Berrigan, Jan. 23, 1972 A TRIAL goes on in Harrisburg, Pennsylvania. Every weekday; a group of devout Catholics and a lone Pakistani Moslem take their places in the Federal District Court here, ex- change quick smiles with the small but filled-to-capacity gallery and sit down. They've earned (or is it unintention- ally acquired?) all the trappings of a "political" trial, even down to being' referred to a la radical left-The Har- risburg 8. Now they bask in the heady distinction of being singled out by J. Edgar Hoover for punishment, and like the early Christians they try to emulate, the more they are persecuted and prosecuted, the better the impres- sion they create. The eight are charged with ten counts of conspiracy - the federal gov- ernment's legal workhorse used to com- bat the threat seen in the anti-war radical groups. With the case now formally surfacing in the courtroom for an extended trial (instead of the form- er grand jury secrecy), the defendants find themselves inheriting the mantle of leadership in the anti-war struggle. At least for the time being, they are at the center of the movement - even though their trial seems the sole, ten- uous connection between the older, pa- cifistic Catholic Left and the splinter- ed radical groups around the country. The Harrisburg defendants some- how represent a commitment to ac- tivism which has by its nature baffled potential supporters ever since Hoov- er's November, 1971 announcement of an "incipient plot" by the Catholic Left's East Coast Conspiracy to Save Lives. Though the defendants long- term dedication and eloquent argu- ments were encouraging, the seeming naivete of their alleged plans startled many. After raiding draft boards in three different states, the defendants were to blow up the underground heat- ing tunnels for Washington, D.C. gov- ernment buildings on Washington's birthday, 1971, and kidnap Henry Kis- singer the following day. It didn't matter much that Hoover let the word out while begging more money for the FBI before the Senate Appropriations Committee - his first Senate committee appearance in 15 years. "(It is) an anarchist group --- self-described as being composed of Catholic priests and nuns, teachers, students and former students (whose) principal leaders . . . are Philip and Daniel Berrigan," Hoover intoned, and It was enough to start things working against two middle-aged, activist priests. Phil and Dan Berrigan "Imagine! my brother in prison, myself on the run, our friends here in there (in prison, on the run), and in every city between. Thus, all of us are enabled, in an utterly new way, to probe and ponder the new forms of community, the questions about the future ..." -Father Dan Berrigan, April, 1970 PHIL AND DAN BERRIGAN will tell you that they are blessed to be hounded by the government, criticized by their Church and taken to jail for their beliefs. They may be right. Their troubles have drawn attention to them and their cause during a time when troop withdrawals, electronic battle- fields and Presidential junkets h a v e threatened to rob the Movement of its fervor. Dan, the older of the two, with elfin appearance, is the poet, the think- er. Phil is the grey-haired man of ac- tion, the true believer - Catholic Left proponent of civil disobedience. On March 9, Dan-who was not listed in the final Harrisburg indictment-came to town on parole from a draft board record burning charge to visit the con- spiracy defendants. "Where do you think the prosecution will be taking its case now?" reporters asked Dan outside the courtroom. "In circles, as usual," was Berrigan's dead- panned reply. The Berrigans began rubbing au- thorities the wrong way early in the Movement's genesis. While Dan was sticking to religious topics of a more traditional nature in developing a re- putation as a poet-author, his brother was making waves in the early sixties championing the civil rights cause. By 1964-5 they were part of the miniscule peace movement and promptly found the Catholic Church no less intolerant of anti-Vietnam war sentiments than the American public. Because of his strong anti-war positions, Dan's super- iors sent him to Latin America, where he spent five months. After s t r o n g objections from parts of the Catholic community, the Church reconsidred, and he was recalled to New York City. By fall, 1967, Dan was at Cornell, in- volved once again in activist causes. Meanwhile, Philip had been removed from a teaching post in Newburgh, N.Y. and transferred to Baltimore because of anti-war activities. There he helped to pioneer the resistance tactic of raid- ing draft board offices, the first inci- dent occurring on October 27, 1967, when he and three others poured blood on draft files. This experience, along with his own arrest and detainment for participat- ing in an anti-war demonstration at the Pentagon a few days before, played an important role in shaping the Ber- rigans' viewpoints. Said Dan: "What a time, when theology is writ- ten on the run, in snatches and fits and starts. And yet I can say with all my heart's approval, we have come full circle and are back in the prison of Antiochus or Herod, speaking through the bars . "It has come to this, during this war, that the government is acting at home and abroad in a perfectly consistent way. On both fronts, American power is the active, virulent enemy of human hope." T HE NEXT STEP came May 17, 1968 in broad daylight in the parking lot of a selective service office n e a r Baltimore. Dan and Phil, along with seven other left-wing Catholics, set fire to 378 draft card files with napalm made according to an .armed forces manual. By spring, 1970, their convic- tions were final and the "Catonsville 9" - the name the public knew them as - were soon picked up from their separate "underground" sanctuaries. That is, all except Dan Berrigan. It took four months of search before FBI agents, disguised as birdwatchers tres- passing near philosopher W i 11 i a m Stringfellow's Rhode Island h o m e, caught the fugitive priest and sent him off to join his brother at the federal penitentiary at Danbury, Connecticut. Following a prisoners' strike he helped to organize, Phil was transferred to Lewisburg, Pa., where he would meet the key to the government's current charge against him and the Harrisburg 8: FBI informer Boyd C. Douglas. U.S. Deputy Atty. General Lynch: "I would like to establish the sterling character of lr. Douglas since 1970." Defense Lawyer Paul O'Dwyer: "We did not inquire into this." Lynch: "Possibly, because they know he's a hard working and depend- able-" O'Dwyer: "Oh, come on, Mr. Lynch!" MR. WILLIAM LYNCH, a short, silver- blond-haired prosecutor, smiled to the Harrisburg 8's defense lawyers as he made the above remark in court last Thursday. It would probably be the last day Boyd Douglas would be nnv the, Tin+1 ~i tP~f ,,4+ H~bn' 'jr.in, t las got up and left the stand, where he had spent 46/ hours under interro- gation since Feb. 28. But there was something about that smile that told those who caught it that Douglas was not an ordinary in- adept f o r m e r. Douglas was particularly adept at changing his allegiances and convincing new allies that he was sin- cere. In the courtroom, he would speak of how he agreed to keep tabs on "SDS, the Panthers . . . and the other nuts" after having first sought their acquaintance as a convict dissatisfied with "the system." Simply put, Doug- las was a con-man who turned inform- er to ease certain government charges against himself and whose political be- liefs,.if any, were sublimated by what- ever course was most helpful in getting out of his scrapes with the law. And the now paunchy, slicked-down, 31-year-old Douglas has had quite a few. After dropping out of high school, Douglas enlisted in the Army in 1960 and went to Korea. After a stint there -highlighted by larceny and f r a u d charges against him - he was sent back to the States but, as he calmly told the jury, "I got off the plane and never reported to my unit." He was soon traced down, put in the stockade at the Presidio in San Francisco, but again escaped. By 1963, Douglas had managed sev- eral escapes, passed $60,000 worth of bad checks in more states than he says he can remember, was deported to the United States from Acupulco, and ar- rested and convicted in San Antonio, Texas for impersonating an officer and passing bad checks. He was sent to Lewisburg to begin serving a maximum six year term, but after three years he was paroled. He began passing bad checks again, was arrested by the FBI in Wisconsin with a 9 mm Beretta pistol on him and again sentenced to serve time in Lewisburg. There also he occasionally got into trouble for cheat- ing and gambling. It was then that Douglas' talent for making the most of a situation seem- ed to rise to even greater heights. In the fall of 1969 he applied for and was accepted into a unique program which enabled him to leave the prison during the daytime to take courses at nearby Bucknell University. Under this "study- release" program he would only be re- quired to return from the campus at night. Although no one else among the 1400 Lewisburg inmates was then en- rolled in the program and only three had ever participated in it, prison of- ficials overlooked Douglas' long re- cord and let him go. O'Dwyer: "Then ,you told Phil Berri- rigan that you were dissatisfied with the government in your first conver- sation with him?" Douglas: "When you're in prison you're not going to tell another in- mate you're pro-government." "THAT'S THE thing about Phil Ber- with open arms as someone who could keep contact with the "outside." Though prison officials claim ignor- ance, Douglas had already been car- rying letters outside for several in- mates and Berrigan soon hear of Doug- las through others. "He (Berrigan) asked me if I could get a message out .. . I said I probably could," Douglas testi- fied. Perhaps it was Douglas' gruff de- meanor and tall tales about past activ- ism that led to his acceptance in the group. "Most of the infiltrated groups want to feel as though they can ab- sorb anyone," says civil liberties law- yer-author Frank Donner. "The in- former shames the main group by be- ing a man of resolution and for fear of discrediting themselves and reveal, ing their own insecurities, they strive to go along with, and perhaps exceed the man of action's plots." From there Douglas' plan arose. A slew of defense lawyers - featuring former Atty. General Ramsey Clark - would like to show that. Douglas was trying to set up Berrigan and h i s compatriots. Douglas insists that it was just - at least at the beginning - to get more "freedom." "I knew that they were all anti-gov- ernment (those who might be contacts of Berrigan) . .. I felt that if they didn't care for the policies of the government they wouldn't be reporting back to pri- son officials about me." But Douglas soon learned that there was more advantage in being a courier between Berrigan and Sister Elizabeth McAllister and the other defendants than just a little more freedom of movement - if indeed that was his real motivation. Douglas started read- ing the mail he was carrying on the sly and realized he could gain by changing sides. "I knew I would even- tually be apprehended with the letters and that it was against the law to take them out . .. I copied them so that I would have evidence to produce to pro- per authorities when discovered by police." DESPITE INTENSIVE cross examina- tion last week, Douglas would not admit that he and the FBI actually had anything arranged when Berrigan ar- rived at Lewisburg. Instead, he claims, it was only after contraband letters were discovered in a shake-down of Berrigan's cell that he turned informer. "(U.S. FBI agent Curtis) Mayfield told me that the U.S. attorney had de- clined prosecution and that it was up to me whether I wished to coninue with the investigation," Douglas testified. Douglas then began reporting to the FBI in earnest, simultaneously increa- ing his involvement with Phil Berri- gan, even to the setting up of anti-war meetings and supplying the defendants with militarydemolition manuals the FBI had given him. By Sept. 1970, the government says, McAlister wrote a letter to Berrigan suggesting the al- leg:d plan and Phil replied that he lik- ed it. The letters and phone calls Doug- las revealed also contained details of a planned draft record burning in Ro- chester, New York and thus caught defendant Ted Glick in the act. One letter also alluded to Dan Berrigan's hideout on Rhode Island and led to Dan's capture. "Boyd has told so many lies prac- tically all his life that I can't be- lieve anything he says." -Boyd Douglas' father. WHEN BOYD DOUGLAS stepped down from the witness stand last Thurs- lay, an important part of the trial of the Harrisburg 8 had ended. Yet it was unclear whether the defense had suc- ceeded at all in discrediting the funda- mental points of Douglas' testimony. The informer did admit to taking over $9,000 from the FBI, but claimed it only covered expenses involved in his'work. He admitted he posed as a Vietnam veteran and army demolitions expert, but denied he was the first to suggest the use of explosives. Once, under hard questioning, Douglas countered t h a t Phil Berrigan had even mentioned blowing up the Pentagon computer sys- tem in addition to the other acts. In sum, there were several inconsistencies revealed, but nothing essentially dam- aging to the government's case. Still, the fact that the defense in this trial should feel impelled to discredit Boyd Douglas and whatever govern- ment witnesses follow does say some- thing about the nature of the charges against the Harrisburg 8. Like P h i1 Berrigan's bitter young friend, most of the defendants' supporters see the trial as an attack on morality, with moral- ity stripped of all its power in the eyes of the courts. "Guilty until proven in- nocent" is the way they characterize the use the conspiracy charges are be- ing put to. Though these charges of late have neither been proven nor disprov- en as ways of meting out prison sent- ences to movement activists, those on trial plainly regard it as a form of harassment. The Harrisburg 8 may be on trial for another six months and the cost of lawyers and publicity may near $200,000, the defense committee says. JN THIS BLEAK, xenophobic town, few are aware of the facts of this trial beyond those who, endowed with a sense of civic pride, are glad some- thing has finally put Harrisburg "on the map." They have heard, however, of the planned protests later this month and next planned to coincide with the Easter holidays. And they don't seem to like it. "I don't know," a life-long resident of Harrisburg told this reporter, "we don't really want that lendl here." 4 *I 4F V