The Trial of the Chicago 7

"'Fictionalizing History and Sorkin It Out"

 or

"Give Me a Moment, Would You, My Friend? I've Never Been On Trial For My Thoughts Before" ("It's a Revolution. We May Have to Hurt Some Feelings")

The Trial of the Chicago 7 has been in the works since somewhere around 2006 when Aaron Sorkin was introduced to the idea of writing it by Steven Spielberg, who wanted to make it as a directing project. Seemed like a good fit; Sorkin is the "dean" of writing compelling court-room dramas and has a knack for putting emotional juice into "wonk" arguments. That work results in some rapturous writing, even if one feels like opposing arguments are given short shrift for the "slam-dunk" moment. With him, it's a—you know—"a thing"

One wonders what Spielberg would have done with it. One knows it would have been a much more precise directing exercise. One hopes that Spielberg might have taken the script and roughed if up a little, textured it with a bit more grit, and thus friction, and thrown in some ambivalence to make the thing more of a courtroom "shit-show" (as it was) than anything too neat and tidy. Maybe an "anti-polish" of the script by the Coen Brothers could do that.

Because the way Sorkin tells it, it's all very neat and tidy with a wildly "boo-yah" finish, where the defendants are convicted on one of the charges—to incite a riot (rather ironic post-01/06/2021)—but their post-conviction statement is such a rousingly heart-felt protest that the crowd in the court-room (and even the prosecution!) gets up to applaud in solidarity.

In a word..."Nah!"

To be fair, trying to organize the ramshackle case number 69 Cr 180 The United States v. David Dellinger et al. into a coherent timeline of pertinent facts that has "a wow finish" is an almost impossible task. Yes, the case was a slap-dash collecting of "usual suspects" at the behest of the Nixon Administration, so that a consistent charge was specious at best. Yes, the trial went on despite one of the defendants not having the benefit of counsel. And, yes, that defendant ended up being bound and gagged for a good section of the trial. Yes, Judge Julius Hoffman was out of his depth trying to juggle the cats involved, ending up charging 175 combined contempt charges among the defendants and their lawyers, indicating not so much that there were violations, but rather that the judge had no control over his court.

What actually happened, you can find here and here. There are so many feints, fibs, and sleights of hand in Sorkin's "portrait" (rather than "a picture" he's said about the script, something he also said about his script for Steve Jobs) that I could write the rest of the review going over them. But, they're well-documented (the least of which is that there were eight defendants counting Bobby Seale, not seven—the man was only in Chicago to give a speech, but he was lumped in with the others because putting a Black Panther on trial was "good optics" for a cynical Department of Justice, until the optics turned horrifying).

It is a "given" that, unless someone is making a documentary, film-makers will swerve away from the facts (and even documentary film-makers will cherry-pick from their sources). No one was there in the room taking down notes for dialog (although, in this case, Sorkin did have the trial transcripts), so we don't know what was said behind closed doors. There's a writer's term/cop-out for making things up: "Writing to Silence," because there is no one around to object.

Except, of course, the audience.

What is the creator's responsibility—to the audience or to truth? Tough question. It should be kept in mind by any discerning audience member that when the line "Based on a True Story" appears that it is a hedge against accuracy: the actual Perdicaris taken hostage in The Wind and the Lion was a man, not a plucky widow, and we don't know what Neil Armstrong was doing by that moon crater, even though First Man has him completing an emotional story point in the film. It might be some dramatic license to make a better story, to tie up a dramatic loose end. Or, changing the facts might be some cathartic wish-fulfilment as Quentin Tarantino provided in Inglourious Basterds or Once Upon a Time in Hollywood.

John Ford famously used the sentiment "when the legend becomes fact, print the legend" even as, in his later films, he sought to negate it.

Sorkin is not above re-writing history for the perfect dramatic punch-line...he did it quite a bit in "The Newsroom," blending real-life events with a parallel universe news organization. And one can't forget the point in A Few Good Men when he ginned up false drama by making Tom Cruise's defense attorney appear unsure and faltering before delivering his final gavel blow. It makes no sense, other than to show his protagonist at his lowest point before his turn-around to triumph. He "had" to get one more dramatic beat in to make the ending suitably triumphant. Audience manipulation. Nothing more.

But, now—after this particular Inauguration Day—perhaps we should reflect on the responsibilities to Truth. Even if it makes the side you favor look bad...or less righteous. False narratives and wishful, even magical, thinking does not make it so. Rhetoric is the art of persuasion, but that art has to stand on the fundamentals of truth. Not just how we want the truth to be. No matter who's side you're on.

Well! "Other than that, how was the play, Mrs. Lincoln?"

Sorkin does a good job mixing in contextural news footage (and some of Haskell Wexler's footage from Medium Cool) from the times, with his DP Phedon Papamichael. Given the amount of material he has to cull from, Sorkin, as both writer and director manages to keep the personalities he's interested in—that is anybody except John Froines and Lee Weiner, who are given short shrift—engaged and sparring. Acting stand-outs negotiating the dialogue are Eddie Redmayne's Tom Hayden and Mark Rylance's William Kuntsler (Jeremy Strong's Jerry Rubin is a bit of a buffoon, unfortunately). But, the stand-out is Sacha Baron Cohen's Abbie Hoffman, not so much in how good he is portraying the trial's Merry Prankster, but in how good he is in the dramatic scenes, when the veneer drops and the words become measured and sharp as a knife.