Reflections on a Political Trial

Abstract

Among anti-war activists there has been much discontent with respect to the conduct of the defense. Many had expected a far-reaching indictment of the government for its criminal behavior in Vietnam. Those who had been hoping for a "confrontation with illegal and immoral authority" are naturally disappointed, since no such confrontation took place. In fact, the defendants themselves did make strong statements about the illegality and barbarism of the American war in Vietnam. With the exception of Michael Ferber, a resister himself, the defendants took their stand, without qualifications, on the "Call to Resist Illegitimate Authority", which announced the intention of the signers to support resistance to the Vietnam war, and which insisted that actions taken in support of resistance "are as legal as is the war resistance of the young men themselves." However, this aspect of the trial was barely reported in the press. Within the framework defined by the government, adopted by the Court, and accepted by the press, the issue of the legality of the war was not pertinent, nor was the question of the right, or even the duty, of resistance to American aggression

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