1180
MICHAEL E. DEUTSCH
[Vol. 75
curity Division ("ISD"), which coordinated the various grand jury inquisitions, victimized all sectors of the anti-Vietnam war movement. Student activists,94 Vietnam veterans,95 the Catholic left,96 Weathermen,97 the anti-draft movement,98 and the academic community99 were all targets of grand juries. Other grand juries attacked the women's movement and the black nationalist movement.100 Armed with Title II of the Organized Crime Control Act of 1970,101 which allowed for the first time the conferring of NATION, January 3, 1972, at 5.; Comment, Federal GrandJury Investigation of Political Dissidents, 7 HARV. C.R.-C.L. L. REV. 432 (1972). 94 See, e.g., In Re Evans, 452 F.2d 1239 (D.C. Cir. 1971) (grand jury investigating May Day anti-war demonstrations); Bacon v. United States, 446 F.2d 667 (9th Cir. 1971). 95 Beverly v. United States, 468 F.2d 732 (5th Cir. 1973). See also Recent Developments, GrandJuries May Inquire Into Political Beliefs Only in Narrow Circumstances, 73 COLUM. L. REV. 867, 879 n.78 (1973). 96 In Re Grand Jury Proceedings (Egan), 450 F.2d 199 (3rd Cir. 1971), affd sub. nom., Gelbard v. United States, 408 U.S. 41 (1972). These cases arose out of a grand jury investigation into an alleged plot by Catholic and other religious activists to kidnap Henry Kissinger and to sabotage Washington, D.C.'s heating system. Subsequent to the indictment of six co-conspirators, the grand jury subpoenaed 34 people. Two who refused to testify-Jacques Egan and Pat Chanel-raised, inter alia, that the questions propounded to them were based upon illegal electronic surveillance. The government claimed a grand jury witness had no standing to raise this claim. The government's contention was rejected by the Third Circuit and ultimately by the Supreme Court. [d. Nevertheless, four witnesses were cited for civil contempt and four for criminal contempt. 97 The Weathermen, a split off from the Students for a Democratic Society, pursued militant and armed actions in opposition to Vietnam war. A Tucson grand jury conducted an alleged investigation into the illegal purchase of dynamite, but focused primarily on the radical community in Venice, California and the political whereabouts of fugitives. Five political activists were cited for contempt and jailed. United States v. Weinberg, 439 F.2d 743 (9th Cir. 1971). The five remained incarcerated until the end of the grand jury and as they were being released, were subpoenaed again and this time cooperated. See Donner & Cerriti, supra note 93, at 6-7; Comment, supra note 93, at 433. See also In Re Kinoy, 326 F. Supp. 400 (S.D.N.Y. 1970) (grand jury subpoenaed well respected radical lawyer Arthur Kinoy in an effort to locate his daughter an alleged fugitive). 98 In re Vericker, 446 F.2d 244 (2nd Cir. 1971) (Brooklyn grand jury investigating theft of records and destruction of draft files); In re Verplank, 329 F. Supp. 433 (C.D. Cal. 1971) (grand jury investigating anti-draft movement). 99 United States v. Doe (Popkin), 460 F.2d 328 (1st Cir. 1972) (rejected the contention that the "scholars privilege" under the first amendment entitled defendant to refuse to answer questions about the sources of his scholarly articles); United States v. Doe (Ellsberg), 455 F.2d 1270 (1st Cir. 1972); In re Russo, 448 F.2d 369 (9th Cir. 1971). 100 Bursey v. U.S., 466 F.2d 1059 (9th Cir. 1972) (grand jury investigation into Black Panther Party); In re GrandJury Subpoenas (Grusse), 515 F.2d 157 (1975),402 F. Supp. 1232 (D. Conn. 1975) (grand jury investigation into women's communities in New Haven, Connecticut and in search of radical fugitives). 101 18 U.S.C. §§ 6001-6005 (1982). The Internal Security Division information gathering was apparently not restricted to individual grand juries because the division also supervised the Interdivisional Informant Unit (IDIU), which in essence consisted of a