◆ SpookStack

96% Nos. 77-1698, 77-1210 & 77-1870 litigation those officials get smeared with the brush of villainy then it must be so; it is simply that I think the process should not go in reverse. I regret to do so, but feel compelled in candor to add, that it-appears to me that Judge Swygert’s opinion, although I would question whether it was so intended, lends aid and succor to the political espousal objective of . the Anderson plaintiffs. I come away trom each reading .,0%'tke opinion, despite occasional references therein to s* thé vequirement that plaintiffs to recover must prove theirscase to the trier of fact, with the feeling that the author’ of the opinion thinks that the case has already *s’ beer. convincingly proven in many respects. __2....Thus, on a random basis, I note: _ : Plaintiffs’ prima facie case offers a number of con- ’ stitutional deprivations to accompany their con- ".. 2842 spiracy allegations . . . Plaintiffs’ evidence in the * sinstant case indicates that the federal and state ‘. defendants share in instigating and preparing for the raid ... The BPP was a black organization with a distinct political ideology and a variety of politically-oriented- programs. - FBI documents - -offered by plaintiffs demonstrate that certain FBI activities directed against the BPP transcended mere “law enforcement.” . . . Without the informa- tion the federal defendants furnished the state defendants, the state defendants could not have acted in furtherance of the purpose which plaintiffs contend the state and federal defendants share— inflicting injury to the BPP.... In granting the “directed verdicts, the trial judge repeatedly usurped this [the jury’s] function. . . . Despite their awareness of conflicting stories, Hanrahan, Jalovec, and the raiders continued to circulate reports to justify the continuation of plaintiffs’ detention... . The evidence shows that a jury could find that Johnson’s testimony before the grand jury was false and misleading and concealed the involvement of FBI headquarters and the roles of Piper, Mitchell, and O’Neal in the planning of the raid.... And