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Fred Hampton — Part 3
Page 167
167 / 251
Hemorandum to Phe Director
Re: IBERIA HAMPTON, et al., v. : - | et
CITY OF CHICAGO, #t al.
forewarns the potentially disasterous curtailment on necessary
exchanges of information between law enforcement agencies as
a result of Judge Swygert's opinion. This is the crux of
Judge Psli's opinion and the cornerstone for a recommendation
that the Seventh Circuit decision be appealed by a petitio
for rehearing and ultimately for certiorari. -
,- In conclusion, Judge Pell states that to remand the
entire case back for another extended trial constitutes a
miscarriage of justice and a misuse of the Pederal: judicial
proceedings. ‘This is highlighted by the realities of the
Situation within the Saventh Circuit which do not faver a
petition for rehearing. (Sae Footnote 3, page 112). Use
states that any charges of post-raid obstructionism is clear-
ly within the purview of the criminal courts anc not a subject
for litigation. Regarding Groth's information, Judge Pell
fails to see any issue therein. He states that the district
-scourt mads a proper deiermination based on Judge Perry's
multitude of Giscovery requests as a time-wasting and harassing
fishing expedition. He ends his opinion by saying:
a wide-ranging witch-hunting type of assault
on public servants across the board sheuld receives
the most careful judicial attention. I don't
think the present case can withstand that scrutiny.
the focus of which must be on the situation as it
existed at the time of events in question.
LCD has sent a memorandum dated 5/3/79 to the AAG,
Civil Division (copy attached), recommending that a petition
for rehearing and/or certiorari he filed. The basis of this
recommendation is threefold:
First, the conspiracy allegations are without a
‘basis in fact and dudga Pell's well-reasoned dissent high~
lights the chilling effect that this case will have on furure
exchanges of information invelving law énforcement agencies.
(CON'SINURD OVER)
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