◆ SpookStack

@ Nos. 77-1698, 77-1210 & 77-1370 69 counterintelligence documents to the trial judge for an im camera inspection on the representation that the documents were “irrelevant.” Over plaintiffs’ protest the judge examined the documents before plaintiffs could be heard on the propriety of the submission. The judge ruled that the counterintelligence information which he had examined im camera was “irrelevant and im- material.” Later it was discovered that among the documents submitted were the Jeff Fort “hit letter;” a memo which applauded the December 4, 1969 raid as a counterintelligence achievement; documents which showed O’Neal to be implementing counterintelligence operations and acting as a provocateur; and a directive from the FBI headquarters in Washington which called for measures to “cripple” the BPP. In March 1975 the trial judge entered an order at plaintiffs’ request requiring the production of documents that contained information relating to plaintiffs or the raid. In June 1975 plaintiffs received 193 documents in response to this order. The FBI witnesses continued to refuse to answer any questions on deposition that related to their counterintelligence activities on the BPP. In August 1975 plaintiffs renewed their attempts to subpoena documents from the FBI files. Government counsel resisted and made representations to the effect that plaintiffs had received all pertinent documentary material. The subpoena was denied by the trial judge. Three additional attempts made by plaintiffs prior to trial brought similar results. In fact, the last effort to obtain relevant documents was denied by the judge before Government counsel filed their response. B. Trial Discovery When the trial started in January 1976 plaintiffs had received over 200 extensively excised documents from the FBI. On the opening day of trial, plaintiffs issued trial subpoenas on Held, Mitchell, Piper, and Johnson ealling for relevant counterintelligence documents. After the jury was selected, the judge admitted that he had