This book is essentially a compilation of trial records that reveal the most details about Judge Hoffman.
Judge Julius Jennings Hoffman presided over the trial of the Chicago Conspiracy Eight. He was described by those who knew him as needing someone to pick on. Members of his staff understood submitting to that need to be part of their job. What he lacked in physical stature, he made up for in the agility and strength of his sometimes wonderfully melodramatic voice. He was known for delivering, and allegedly writing, long and scholarly opinions that suited his Victorian-era rhetoric, but this scholarship usually reflected the ability of one of his law clerks – or the professional journalists and legal writers that he hired.
"I didn't ask for this case," Hoffman said more than once in the five months of trial, but people familiar with the day-to-day workings of the federal courts of the northern district of Illinois insisted that he did ask for the case. Judge William Campbell had guided the grand jury that brought the indictments against eight demonstration leaders and eight policemen in the beginning, but in April 1969, he left the case because he considered himself to be too familiar with the evidence and to have already formed an opinion. Irving Birnbaum, Chicago counsel for the defense, immediately sent one of his staff to the federal courts to make sure that the new judge would be selected according to the required lottery procedure – judges are picked for cases in Federal District Court by putting their names on strips of paper and then pasting the strips, name side down, one on top another in shuffled order, so that when a case needs a judge, the name on the first piece of paper on top is chosen. Birnbaum was afraid that the judge that if the government was left to make the choice, it would pick Hoffman. The lottery was conducted, and Hoffman was still picked.
Although most federal judges had a great relationship with the local American Attorney's Office, Hoffman favored the prosecution exceptionally much, regardless of whether the case involved Mafia, gambling, desegregation, tax evasion, draft resistance, or a conspiracy to incite a riot. He rarely hesitated to rule in favor of his favorite party – the American government. He was noted for not granting appeal, for not delaying sentencing someone who was found guilty, and for giving the maximum sentence. When the American Civil Liberties Union tried to enter an impartial adviser in the Conspiracy case, Judge Hoffman declared: "I'm not running a school for civil rights."
Judge Hoffman had unrelenting faith in the Justice Department. This was revealed, for instance, in his hostile attitude to the demand of the defense to be given access to the government's illegal wiretap logs of defendants' telephone conversations. The defense was given only two of several logs. Since an affidavit to Judge Hoffman from Attorney General John N. Mitchell affirmed that the defendants were national security risks, Hoffman was immune to the law clerks who urged him to think about the Fourth Amendment implications of denial. "There's the Attorney General's affidavit," he always responded, gesturing toward his desk. He shrewdly postponed to the end of the trial the final part of the decision that denied the defense access to the logs and virtually annihilated the Fourth Amendment in this area for this trial.
Judge Hoffman also insisted on staying on schedule in the first or the second busiest federal district court in the nation, so he forced cases to conclusion by arm-twisting with technicalities. When he was asked by the Chicago Conspiracy Trial's defense to leave the Trial because Brunswick Corporation, in which his family were stockholders, made substantial money off defense contracts, which produced a conflict of interest for him in facing defendants whose adult lives had been devoted to antiwar activity, he refused.
According to those who had seen him in court, he was just as ready and mean, and just as domineering and just as enjoying himself when he felt himself looking good and winning less publicized cases as he would be during the Conspiracy Trial. "I imagine he would be amusing to an uninvolved onlooker," Defendant David Dellinger said, wryly.
In the summer before the trial, Hoffman received information from the media and the Justice Department's "intelligence" and became obsessed with the thought that the defendants were planning to disrupt the trial. “They're going to come in naked," he said to his staff. He entertained many other expectations of startling improprieties coming from the defendants. He talked about such a tone and attitude as if he already thought that they were guilty of contempt.
Hoffman also showed that his main weakness was that he had to have the last word. He was meeting defendants who were also determined that they must in some way, preferably public and heard round the world, have the last word. This proved to be a recipe for disaster.
THE TALES OF HOFFMAN presents the reader with an opportunity to learn more about Hoffman and see the Chicago Conspiracy Trial from his perspective. The authors have done a great job compiling and explaining transcripts. This book is interesting and informative. I highly recommend it.