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The Berrigans: Conspiracy and Conscience ":!•,%‘^'. The Berrigans: Conspiracy and Conscience But how shall we educate men to to it," Buck reported. "Phil, who is violence—have now turned to violent goodness, to a sense of one another, to given to putting things in a more earthy and bizarre methods? Or is it possible a love of the truth? And more ur- way, said it was all bullshit." that the Government has drawn mon- gently, how shall we do this in a bad Though one largely Catholic antiwar strous conclusions from flimsy evidence, time? group readily admitted to being the perhaps taking protesters' idle specu- —Daniel Berrigan, East Coast Conspiracy, Anderson de- lations with total solemnity? The first nounced Hoover for attacking the Ber- could help rekindle the fires of protest HE scenario read like an Ian Flan- rigans. If the Justice Department had that have seemed dimmer lately and Ting doodle, a picaresque fantasy. The evidence against them, he said, it should also revive lingering fear and hate of rad- cast: a ragtag band of radical pacifists, be put before a grand jury. Hoover icals. The second could again put in many of them Roman Catholics. some made no reply, but Attorney General question the Government's responsibility priests and nuns, a physics professor Mitchell needed no advice from An- and fairness in dealing with dissent and and a Moslem from Pakistan. The lead- derson. The case was already on its stir new talk of "repression." ing actors: two hotly controversial priests way to court. Last week a federal grand The indictment gave only the bare —Philip Berrigan, 47, a Josephite. and jury in Harrisburg. Pa., issued indict- bones of the Government's case, leav- his Jesuit brother Daniel, 49. both now ments naming six defendants and seven ing a host of questions unanswered; it in the Danbury, Conn., federal prison co-conspirators—the Berrigan brothers did not even explain why Philip Her- serving sentences for burning draft rec- among them—as plotters who had rigan was named as a defendant to be ords with napalm in May 1968. The planned to do exactly what Hoover prosecuted, and Daniel only as a co-con- plot: a seemingly irrational conspiracy described. spirator who would not be tried under to blow up the heating systems at some this indictment. The grand jury was five Government sites on Washington's Serious Alternatives quite specific about one intriguing point Birthday. 1971, then next day kidnap The black comedy no longer seemed —that the conspirators had aimed to Henry Kissinger, the President's national quite so funny, though CBS's Eric Seva- enter an underground tunnel system in security adviser, and hold him hostage reid wryly suggested that, in the man- Washington that carries heating pipes until Nixon agreed to speed the war's ner of 0. Henry's famed story The and blow them up, using "destructive de- end in Viet Nam. Ransom of Red Chief, Kissinger would vices consisting of dynamite, 'plastic ex- As early as last September, FBI Di- argue any antiwar kidnapers to a stand- plosive,' primer cord and detonating de- rector J. Edgar Hoover secretly briefed still and they would eventually pay vices which had not been registered to President Nixon, Attorney General John Nixon to take him back. Kissinger was them in the National Firearms Reg- Mitchell and other top officials on the equal to the occasion, and reported that scheme. At that point. Nixon assigned his overworked staff "has written a let- Secret Service bodyguards to Kissinger. ter to the President stating that under Late in November, without naming Kis- no conditions am I to be ransomed." singer as the intended victim, Hoover de- He had heard, he quipped, that "it was scribed the plan to startled members of three sex-starved nuns" who were after a Senate Appropriations subcommittee. him. Kissinger also complained half- He attributed it to a group called the heartedly that his new Secret Service East Coast Conspiracy to Save Lives. shadows had crimped his reputation as At the time, some of Hoover's numer- a swinger. Said one occasional Kissinger ous critics dismissed his testimony as a date, Barbara Hower: "Henry is so pre- grandstand play designed only to help occupied with his problems that the Se- him win funds for 1,000 extra FBI agents. cret Service man is good company." Thomas Buck, 54, a writer and long- By and large, however, reflective time friend of the Berrigans', accom- Americans could agree with Cornell panied Representative William Ander- Economist Douglas Dowd, a Berrigan son, a Tennessee Democrat and former ally: "It would be quite amusing if it skipper of the submarine Nautilus, on weren't so serious." Is it possible that a visit to Danbury shortly thereafter. the Berrigans—who, though lawbreakers "Dan said there was absolutely nothing and rebels, have always preached non- FBI DIRECTOR HOOVER HEATING TUNNEL CONNECTING GOVERNMENT BUILDINGS IN WASHINGTON approach was the kidnaping-bombing plan, which some in the circle objected to as violent. Others argued that nei- ther kidnaping nor bombing constituted violence in a moral sense, since no per- son would be physically harmed. Ac- cording to this account, because some- thing more serious than burning draft records was involved, the Government decided to step in and stop things be- fore the plot proceeded any further. The same theory has it that the Gov- ernment's source of information on the kidnap-bomb plot was a group of non-re- ligious in the circle who became alarmed once discussion turned seriously to use of tougher tactics than those employed in the raid that the Berrigans had led against the draft board at Catonsville, Md. The principal informer was not an infiltrator but an active member of the conspiracy, although not one of those named in last week's indictment. The details of the Kissinger plot were spelled out, astonishingly, in letters and hand-carried messages exchanged among the principal conspirators, Many of the communications were carefully sealed in double envelopes, but the informant, privy to their contents, passed the de- tails along to the Government. Reichstag Fire One of the alleged conspirators con- fronted the principal informant and ac- cused him of spilling the plans to the Government; he denied it, and is now • in protective custody. TIME learned that ▪ two whose testimony has been important DANIEL BERRiGAN (LEFT) & PHILIP (CENTER) WITH U.S. MARSHAL to the Government—though neither is the chief informant—are a brother and of conspiracy statutes,• the grand jury a sister named Joseph Joynt and Pa- went on to list 22 separate overt acts tricia Chanel. Mrs. Chanel, described of conspiracy by the defendants and by one movement activist as "an afi- their co-conspirators. Among the alleged cionado of the Jesuits," was questioned acts: a visit to the underground tunnel by FBI agents at her Silver Spring, system "on or about April 1, 1970," by Md., home and was promised immunity Philip Berrigan and a Baltimore priest from prosecution in exchange for her tes- defendant, Father Joseph Wenderoth; timony. Whatever she told them may and a discussion of the tunnel network not be wholly credible. She reportedly last September between Wenderoth and had a nervous breakdown and was hos- an unnamed General Services Admin- pitalized in the middle of 1970; her psy- istration engineer. In separate counts, chiatrist wired the grand jury that she the grand jury also accused Philip Ber- was incompetent to testify. Her broth- rigan and Marymount Nun Elizabeth er, who was also quizzed by the FBI, McAlister (see box) of illegally smug- works as an elevator engineer at Wash- gling written communications in and ington's Forrestal Building. The agents out of the federal prison at Lewisburg. questioned him closely about the keys Pa., where Philip Berrigan was assigned he carries in his work; they open doors PRESIDENTIAL ADVISER KISSINGER before his transfer to Danbury. to at least one Government tunnel. In one version of the events that led All the defendants are being swamped istration and Transfer Record." The lit- up to last week's indictments, the Ber- with offers to represent them. One law- tle-known, 16-mile labyrinthine tunnel rigan circle—a very loosely organized yer who has spoken for the Berrigans network in Washington is practically a group that numbers 50 to 100 militants is William Kunstler, who gained his New World version of the sewers of —had been discussing for more than a greatest notoriety defending the Chicago Paris—and potentially equally useful to year various means to dramatize its op- Seven. Kunstler represented the Ber- an American maquisard. The steam position to the war. One tactic was a con- rigans during the Catonsville trial. His ducts radiate from three key boiler plants tinuation of draft-board raids. Another presence may be a mixed blessing. Said in Georgetown, on Capitol Hill and one Manhattan attorney: "I didn't think near the Pentagon; on a recent rec- • One problem in conspiracy law is that con- they were guilty until I heard Kunstler ommendation from the FBI, all official spiracy is a crime of intent: proving intent is dif- was their lawyer." maps of the tunnel system have been ficult when the object of the conspiracy has The Berrigans' answer to the indict- classified and access to most of the tun- not been carried out. For conviction, federal law requires proof not only that two or more ment was an angry statement released nels has been cut off to all but a care- through Kunstler: "Thirty-eight years fully cleared few. people agreed to do something illegal, but also that at least one of them took a con- ago, the Nazi Party burnt the Reich- To satisfy the peculiar requirements crete step toward that end.
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