Friday, September 24, 1971
THE MICHIGAN DAILY
Page Severn I
Friday, September 24, 1 97' 1 THE MICHIGAN DAILY Page Seven
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MAYDAY INVESTIGATIONS
Grand jury activities criticized
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ATTENTIONA
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to intimidate than to punish."
A wide-spread belief is that
the current grand jury investi-
gations are "fishing expeditions"
designed not to gather informa-
tion on particular violations of
law, but to probe radical move-
ments for any possible viola-
tions.
And the government? They
aren't saying why they are do-
ing it. In fact, the Justice De-
partment has not yet admitted
officially that there is a grand
jury in Detroit.
Government surveillance prac-
tices have long been criticized
by civil libertarians who uphold
the individual's right to privacy.
Wiretaps and government sur-
veillance are still often challeng-
ed on constitutional grounds.
But it is government action
through grand jury investiga-
tions that provides movement
leaders with new problems for
which they do not have com-
plete and tried solutions.
The first grand jury investi-
gation to attract national at-
tention in the current wave of
such investigations was in Seat-
tle. Leslie Bacon, a young mem-
ber of the Mayday Tribe in
Washington was subpoenaed to
testify on the March 1 bombing
of the Capitol.
Bacon was the first person the
government attempted to con-
nect with the Capitol bombing.
Held under $100,000 bail because
she was considered a "key wit-
ness by the government, she
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found herself going to Seattle a
week before the Mayday activi-
ties in Washington, D.C.
She testified at the beginning
of the investigation, but when
she refused to testify later on
the government hit her with a
contempt charge, and she spent
more than a month in jail be-
fore being released on $1,000
bond.
Individuals subpoenaed to ap-
pear before grand juries who are
held in contempt may be im-
prisoned for the remainder of
the sitting of the grand jury.
There is no trial for a con-
tempt conviction, and it is for
this reason that anti-war lead-
ers are particularly critical of
government use of grand juries,
claiming that it deprives them of
their constitutional right of due
process.
Since the Bacon case, the
committee for Non-Collabora-
, tion in New' York formed to
provide advice to individuals
who find themselves unexpect-
edly handed a subpoena by a
federal marshal or FBI agent.
Other anti - war activists
have found themselves sinking
into the confusing morass of
grand jury investigations. In
Harrisburg, with the so-called
Berrigan brothers plot to kid-
nap presidential adviser Henry
Kissinger, and in San Francisco,
federal grand juries have at-
tempted to probe alleged plots
and crimes of radical activists.
In Washington, New York
and Detroit, other grand juries,
apparently outgrowths of the
Seattle investigation, have sub-
poenaed angry activists in what
call a government attempt to tie
together the Mayday demonstra-
tions, the Capitol bombing, and
other anti-war activities.
The Detroit investigation has
attracted considerable local at-
tention ever since the "Psyche-
delic Scapegoat Six" were first
subpoenaed.
The six-Terry Taube, former-
ly of Detroit and now of San
Francisco; Ken Kelley of De-
troit; Larry Canada of Bloom-
ington, Ind.; his ex-wife Kath-
erine Canada, also of Blooming-
ton; and Charles Tolan of Cha-
pel Hill, N.C.-have repeatedly
refused to testify on the grounds
of the Fifth Amendment right
not to incriminate oneself. Fur-
ther, they also contend that evi-
dence used as a basis for the
grand jury investigation was ob-
tained by illegal wiretaps in
violation of the Fourth Amend-
ment.
As with many recent grand
jury investigations, witnesses in
the Detroit probe have refused
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to testify to the grand jury but
have kept the press and public
informed on the nature of the
questions asked b e hin d the
closed courtroom doors.
Press, lawyers, and the public
are not allowed into the pro-
ceedings. The witness faces the
grand jury alone, often leaving
after each question to confer
with legal counsel in the hall-
an indefinitely defined right-
before disappearing again behind
the closed doors.
The government attempted re-
cently to grant immunity to
Taube and Neiberger. However,
U.S. District Court Judge Cor-
nelia Kennedy refused the gov-
ernment request, because she
was given insufficient informa-
tion on questions the witnesses
had refused to answer.
If a person refuses to testify
after being granted immunity,
he may be held in contempt and
jailed for the remainder of the
grand jury term.
T h e Psychedelic Scapegoat
Six calls the rash of federal
grand juries "nothing more than
a Justice Department-FBI con-
spiracy to keep the ever expand-
ing anti-war movement off the
streets and in the jails."
In New York, the National
Lawyers Guild reports "most of
the grand jury subpeonas have
been stopped on a Fourth
Amendment challenge which will
be decided sometime this fall by
the Supreme Court."
Besides grand juries other
more "traditional" government
moves against radical leaders
have included trials for "con-
spiracy," as was most notably
illustrated in Chicago, heavy
penalties for marijuana crimes,
as with John Sinclair, revocation
of scholarships or even total ex-
pulsion from school, as hlas hap-
pened to student activists across
the nation over the past few
years.
The House Internal Security
Committee (HISC) still investi-
gates "subversive" groups as did
its predecessor, the House Un-
American Activities Committee.
And it still publishes names of
people connected with the "sub-
versive" activities they investi-
gate, often making it difficult for
individuals listed to find jobs.
Locally, HISC investigations
have been brought to the public
eye due to efforts of the Brad
Taylor recall campaign.
Brad Taylor, a member of
Student Government Council, tes-
tified before HISC on the Peoples
Peace Conference held here last
February.
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