Under the provisions of Title 2 of the 1950 Internal Security Act...
...also known as the McCarran Act...
...the President of the United States of America...
...is still authorized, without further approval by Congress...
...to determine an event of insurrection in the United States...
...and to declare the existence of an "internal security emergency"
The President is then authorized...
...to apprehend and detain each person...
...as to whom there is reasonable ground to believe...
...probably will engage in certain future acts of sabotage
Persons apprehended shall be given a hearing...
...without right of bail...
...or the necessity of evidence...
...and shall then be confined to places of detention
KBCR News, the Southlands' most comprehensive news coverage
The President signed an executive order...
...calling to immediate duty...
100,000 reservists
Pentagon sources indicate...
...that at least 20,000 of these troops...
...would be sent to North-East Asia...
...in response to the shelling of Seoul...
...capital of South Korea, last week
Sources gave no indication...
...how the remaining reservists might be used
It was not confirmed...
...that they would help law enforcement officials
...deal with current domestic disorders
At least 273 Americans are reported killed...
...and a further 492 wounded...
...as an advance force...
...of 30,000 US, Cambodian and South Korean soldiers...
...drove deep into the Hill 98 and Whalesback regions of Laos...
...in the heaviest attack so far since the war was extended
Patrick John Edwards, you are guilty...
...of conspiracy to undermine the national security
...and intent to incite to riot
You are sentenced to 15 to 21 years in a federal penitentiary
You have the alternative of four days in Punishment Park
How do you choose?
I'd like to thank the court for its fairness-
Silence. How do you choose?
Punishment Park
Time 9am
The Bear Mountain National Punishment Park
in Southern California
Right there. Stop
You right behind him. Right there
You over there. Next man
OK. That woman there. The last man in line
Go on into the tent
The 47th Emergency Internal Security Tribunal for the SW Region...
...as authorized by executive order no. 302...
William C. Hoeger, Chairman, presiding...
...is hereby concluded
The UN today became the focus of world attention...
...as the US delegate challenged the Russians...
...to admit that their submarines had moved into the Caribbean
He made it clear that the US...
...will tolerate no threats to its sovereignty...
...and he accused the Soviets of trying...
...to divert attention from the Middle East
After heated discussion, the US delegate indicated...
...that the communist bloc were responsible for the tripling...
...of our monthly draft calls
He denied the Russian delegate's accusation...
...that the US government is building up a large army...
...for the suppression of its own people
Do you like your job of slaughtering young people?
Sen. George McLewis resigned from the Senate...
...after 22 years of active service
He said in a press conference shortly after...
...that he could no longer participate in the dismantling...
...of basic freedoms for which this country was established
In a statement, he mentioned specifically the types of...
"repressive" legislation which led to his sudden resignation...
...including the no-knock and stop-and-frisk laws...
...cancellation of immunity from 5th Amendment cases...
...preventative detention...
...the activation of detention camps...
...and quasi-judicial tribunals
He said that he was particularly disturbed...
...by the activities of the Punishment Parks
The Marshal will now bring the 48th session to order
The 48th Emergency Internal Security Tribunal of the SW Region
...authorized by Executive Order
...no. 302, is now in session,
William C. Hoeger, Chairman, presiding
Reporting a motion for dismissal
- On what grounds? - Constitutional
In particular, 1st, 4th, 5th...
...and 14th Amendments
Overruled
How the fuck can you overrule the Constitution?
Keep the defendant silent
I'd like to introduce a motion to have...
...the convictions reviewed separately
Denied
With all due respect to the court...
...may I move for voir dire proceedings?
Denied
Will the court set bail?
The defendants have been in jail for months
We don't even know-
Keep the defendants quiet!
- Bail denied. - Deny, deny, deny!
We've been in jail for two months...
...and we don't know what we were arrested for
- Keep the defendants quiet. - Shut up!
Lee Roy Brown, Jay Kaufman...
...James Arthur Kohler, Allison Michener...
...Charles Robbins, Nancy Smith, William Vallery
You stand guilty of conspiracy to undermine the national security...
...and of separate charges...
...and so indicted and convicted...
...at the 5th Emergency Court...
...of the 44th Precinct in the District of Glendale...
...Captain Edward Rubin, Sheriff, presiding, May 24th
Temperature 89 degrees
At the time of your sentencing...
...you will be able to choose between a penal sentence...
...or the alternative of Punishment Park
Punishment Park, described by...
...the US Senate Subcommittee On Law And Order as...
..."a necessary training for the...
"... law officers and National Guard of the country...
"... in the control of those elements who seek...
"... the violent overthrow of the US government...
"... and the means of providing a punitive deterrent...
"... for said subversive elements"
You will speak only when spoken to
Each violation of this ruling...
...will result in a citation for contempt for one year...
...in a federal penitentiary...
...in addition to the sentence duly passed
Finally, I wish to announce that we have with us...
TV cameras of the National Network
Also those of Britain and West Germany
It is hoped to document these proceedings in the widest manner
...as we know their import...
...to be of vital concern to the people of the free world
Their coverage will be impartial
- Bullshit! - This trial is illegitimate
- This trial is illegitimate- - Quiet!
These are the members of Corrective Group 638
...and these the members of Corrective Group 637...
...now sentenced to spending three days in Punishment Park
First defendant
- What's your name? - My name is Brown, motherfucker!
Lee Robert Brown, well-known author...
...broadcaster and political activist
I want to be tried by a jury of my peers, black people!
In front of witnesses who identify themselves
Witnesses!
Keep the defendant silent! Restrain him!
No end for the heatwave...
...which has been frying Los Angeles for three months
Temperatures will top 100
...for the 12th straight day in downtown LA...
...with the Valley due for 105
Tonight's low will be 79
The deserts can expect mercury readings of 115 plus
You have accepted this course...
...as an alternative to your penal sentences
You have 3 days and 2 nights in which to reach...
...the US flag flying 4.5 miles north of the Bear Shadow Mountains
These you can see to your front
These mountains are 16.5 miles from where you're standing
You will direct yourselves toward the indicating lights
Pursuit Leader to 245, ready your signal
You will head past this point...
...immediately turn west - to your left -
...and proceed 13 to 17 miles along the mountains
...until you reach a second set of flags
There you will turn north across the plain...
...pass directly to the following hills, a further 19 miles...
...and proceed directly to the US flag
Mr Brown, did you actually advocate overthrow...
...of these - our United States?
I refuse to answer that
...on the grounds that it may incriminate me
That's my right under the 5th Amendment
And overrule that!
Defendant, defendant, it's people like you-
Objection, Mr Chairman!
Let that man alone!
The object of this course is simple
Clear the tribunal! Clear the tribunal!
You must evade capture by the pursuing officers...
...and reach the flag by the appointed time...
...10pm on the evening of the 3rd day from now
Each one of them, take them out of here
Clear the tribunal
Your capture or failure to complete the course...
...will result in the reversion to your penal sentence
Are you or are you not a member of the Communist Party?
Objection
I'll answer that motherfucking question!
Watch your language
Do you think my language is immoral?
What do you call that shit you just did, man?
What do you call this shit?
Give your side-arm to Sepada and go unlock the prisoners
Were you going to call for revolution on that TV?
What do you want me to say? I told you the truth
The truth as you saw it?
I would tell the truth...
...the story of black people like it's never been told...
...because you never tell it
...I would say what happens to Chicanos...
...because the fruit-growers ain't gonna tell it
And it's they who buy the time on the television set
I would tell what happens to people who are poor
...and uneducated and automated out of a job...
...who stand in long fucking lines talking to little people like you...
...with delusions of power... in unemployment lines all day long...
...to be fucked off 'cos your old man didn't ball you right last night
Watch your language. There's a lady in the court
Where?
The truth is the fact that you're devouring your children
You're oppressing the people...
...who are powerless in the country
A few of the people are living-
Do you want to listen or do you want to talk?
Continue, Mr Brown. Tell us your message
You don't want to hear my message, man
You've spent 50 years evolving a propaganda system...
...that'll change the truth it into what you want to hear
You don't want to hear shit that means having to give up something
You don't want it. All you want to do is sit on your fat ass...
...and draw dividends!
Did I react to the names that you called me?
As your people just reacted moments ago?
You called me pig and other names. Did I react?
All I can do is call you a dirty name
These officers have...
...strict instructions not to molest you in any way...
...or to hinder you from reaching your ultimate destination
However they will not allow you to leave the boundary of the course
It has been stated and it's a fact
There are more TV sets and cars owned by black people in the USA...
...than in all of Russia
So what?
That shows a very intense interest...
...in the economics of this country in your people
They have a standard of living better than any in the world
You can say an identical thing for every animal in the zoo
I'm sure their standard of living has increased
The time is now 9.54 am At 10 you will commence the course
At 12 noon, that's to say 2 hours from now...
...the pursuit forces will be set in motion
The pursuit force will consist...
...of a unit of the National Guard...
...part of the tactical riot squad of a city police department...
...and three federal marshals
At the 5 de Mayo Congress Of Chicano Youth...
...the defendant was quoted saying...
"I say free your communities, arm yourselves...
"If pigs comprehend nothing but force...
"... then use it. Liberate yourselves...
"Off the pigs! Kill the chief pig! Liquidate the mayor-"
Anybody can lift that shit out of context
Let Agent Donovan finish his statement
Pig Donovan...
This man is calling for violence, for the destruction of this country...
His people are spreading this all over the country
In my very factory, all kinds of people are reading his stuff
Mainly the coloured people
And he's just stirring them up...
...trying to pose his violent alternatives
You talk as if this is some great civilized, non-violent place
And it ain't. America...
...is as psychotic as it is powerful
...and violence is the only thing that will command your attention
This country, this America...
...was born in violence
Now revolution's a violent thing
I'm in this place right now
...because my people, my forebears...
...were violently brought here, like this, in chains, from Africa...
...where they were violently made to work
It was upon the labour that you so violently...
...wrung out of them that this country was industrialized
Right away, right at first
This land and all the rest that belongs to the country...
...was violently taken from the Indians
Violently
The time 10:03am
Temperature 91 degrees
Time remaining before the beginning of the pursuit 2 hours
Can I have another one of your cigarettes?
Distance to the United States flag...
53 miles
They made their choice
They could've done a lot of things
...but they chose to throw firebombs...
...and conspire to overthrow the government
They're doing what they want to do. I'm doing what I want to do
I don't think any of those kids'll make it anyway
D'you see that one little bastard take off?
That Mexican's the fastest thing I ever seen
Time remaining before the beginning of the police pursuit...
1 hour and 53 mins
Those kids are running scared. Everybody's running scared
If they didn't break the law, they wouldn't have to run scared
Maybe they don't know what the law is
Everybody knows
If they don't want to take the consequences...
let them think before they act
In order to provide what is termed "further motivation"...
...this group have been told that they will find water...
...half-way to the American flag
That long-haired son-of-a-bitch?
I think he's in for some real bad stuff
You really got a hard-on for that dude
I don't have a hard-on for him. He's got one for everybody
He's got one for the world
So fuck him
If that's how he wants to play, that's how we'll play
A word about violence
These three days will be only as violent as you want them
Your capture, should that occur...
...will be as peaceful as you want it to be
An officer will announce that you are apprehended...
...and that your participation is concluded
Should you resist the arrest
...or should any of you adopt violence in any form...
...then we shall use those means against you
In short, you can start the violent actions...
...but I assure you that we will finish them
Let's take a minute and get out of here
- I'm staying - I'm staying too
That man gonna shoot the shit out of you!
I'm gonna hide out
I don't know about the rest of you
...but I ain't leaving another motherfucking step!
You're going to bring them down on all of us
Shit! If you don't think they're down on you now...
At least we've got a chance
You've got 50 miles of no chance!
You're going to go out there
...and play target-practice for them fucking pigs!
In two hours we can get lost out there
That's the only chance
Here they're going to be on you in 5 mins
You can't make it in the heat
We can't stay!
That's our only chance. They're just over that hill
You're a marksman?
- Yeh. - A sniper?
A marksman
What do you mean you can't stay here?
The ones that are going have got to go right now. We can't wait
If you do a thing with the cops, you're gonna get us killed
Have you ever killed a man?
Yeh
Jay Kaufman...
...co-founder of the National Committee Against War And Repression
Age 28
Time remaining 1 hour 42 mins
This thing with magnum load
...has enough power to knock down
...a rhinoceros, if it's coming at you
We're going to be apprehending very few rhinoceri...
...but, if we do, I want to know that I'm going to be able to stop it
I see by your file that you were formerly a candidate for...
Vice-President of the United States
That's correct
Also that you were very successful-
See how much I believed in this system?
Make your answers brief
OK. Bop
You say you're against war...
...and depression What type of depression?
A people's depression or a depression in economics?
Not depression, I'm talking about repression
Repression. Being oppressed
What were you charged with?
Draft evasion and...
...what they call "hindering the war effort"
Are you for war or against war?
I'm for war if it's necessary to protect our country
Do you condone the war in Vietnam, sir?
- Certainly - You do. Why?
Because it's protecting our country
Who tells you this?
Who tells you this war is protecting your country?
We're fighting communism
- Well, who tells you this? - I hear it every day
I gather that you're not going to try and make...
...the next 50 miles to the US flag
I wouldn't walk around the goddamn fucking corner...
...for the American flag...
...let alone go out in the desert
Time remaining 1 hour 25 mins
Squeeze...
...and fire
We're going through...
...a kind of a group suicide in America
In a situation where you want to fire two shots rapid-fire...
...pull the hammer back fire the first single action...
...and follow it up
Have you any idea how you're going to complete these 50 miles?
I have no idea. We're just going to keep on
Do you know the difference between a patriot and a chauvinist?
- A who? - A patriot and a chauvinist
- A chauvinist? - Yes
Define the word chauvinist to me
Chauvin was...
...an officer under Napoleon
...and his loyalty was so absurd that we got the word chauvin...
...which is chauvinistic, an absurd loyalty
They promised us water at the other end, water faucets
They believe in protest...
...and ritual defiance...
...and yet they're willing to participate fully...
...in the rules established by the police for these games...
...expecting that they'll come out all right if they make the flag
Squeeze. Fire
Are you expecting to die in the next 2 or 3 days?
I expect to die in the next 2 or 3 mins
Your function with this weapon is to hit a man-size figure
You don't have to put out his eye or get him in the heart or knee-cap
...or pick the heel off his boot like Wyatt Earp
- How old are you? - I'm 20
All you have to do is hit a man-size figure from here to there
I don't think they're trying to kill us
Get him in that area, he's going down...
...and he's going down hurting
They're just making it difficult
This isn't Mexico or other countries where they shoot people like you
What would you do to us if you were in control?
Would you be very humanitarian with people like us?
I would make more of an effort than you are
What is your moral code? What would you do for this country?
You're sitting back, enjoying the adulation of all these kids
You're indulging in this self-gratification...
...in some sort of mental masturbation
That's what you're doing right now
How could they have any faith in a man...
...who makes a mockery out of everything that we stand for?
The home, true love...
You haven't got the first idea about love with your love-ins
You really haven't
If it was up to you...
...we'd shut down the factories and panhandle on the street...
What kind of society would we have then?
How would you feed people then?
You want us to support you. That's what you want
There is enough food and wealth in this country
...to take care of everyone...
...and everyone isn't being taken care of
You want to go round the streets and have orgies
I'm not going around having orgies
I'm as concerned as you are about the direction of this country
I really feel sorry for you. We're the same age...
...and here you are defending a miserable existence
Don't you realize you're being exploited?
How those who control the money are diminishing your existence...
...to working in a fucking dirty factory...
...which puts smoke up in the air, which pollutes the world...
...and you're working your ass off...
...for pennies while they're making hundreds of dollars?
Don't you realize you're being duped?
How they've got your head fucked with?
How they have you conditioned?
Don't you see this? Are you that blind?
Some new kick or new drug comes along, you'll try it
What about some new kick like genocide, napalm warfare?
What about those new kicks which this country puts in practice?
This is a Remington Wingmaster model 870 shotgun, 12-gauge
What about corruption, police brutality?
You are immoral!
What about the oppression of the minorities?
I am not immoral, Mrs Jurgens!
Do you want to know what's immoral?
Do you want me to tell you what's immoral?
War is immoral. Poverty is immoral
Racism is immoral. Police brutality is immoral
Oppression is immoral. Genocide is immoral
Imperialism is immoral
This country represents all those things
It's loaded with double-aught buckshot
When are we gonna have love? Brotherhood?
We're not as long as this little fucking Hitler-
Each individual cartridge
...has 9 ball-bearings in it
And you're sending all the oppressed people to their death!
Don't you know that? Are you that fucking stupid?
It has not choke on it whatsoever
So the buckshot just flies out in every direction
Insane people who murder the children of their country
And your record, what does that show?
What does the record of this country show?
Destroying the country from within
You're destroying the world from within!
Anything in front of you is totally out of luck when pull the trigger
What does LSD have to do with death, with murder...
...with war, with injustice, with poverty, with racism?
Take the prisoner out of here!
Get him out of here!
You have to pump to inject the shell in the chamber
I was at a poetry reading...
Temperature 93 degrees
The police came in...
...and they swept us off the stage
People are just being killed for nothing...
...hauled off to jail, hauled off to prison
Feelings? There is no feeling
Every day you walk outside, some guy takes a shot at you
Some pig in a goddamn uniform
Watch the pattern of the buckshot
And they say this is democracy
Can you see the dispersement? It looks like 6 or 7 feet
We've got to wait for the first one to come
What if more than one comes?
An individual carrying this might see an antagonist...
- Who's going to be a decoy? - I'll do it
You've got to hit a man in the right spot...
Slip the safety off and go like this
How would you remedy what's happening in America?
I don't think it can be done. We've just got to evolve out of it
And I think it'll happen violently
Anything between those two shots...
...is blown away. It is not causing any trouble
It does not exist anymore
It has one purpose alone when loaded with buckshot
That is to kill. Not to disperse. Not to wound. To kill
Use it for that when you have to do so
Time remaining 50 mins
What are your feelings towards the police?
I really don't think they're too different from...
...anybody else
Pigs are pigs. I mean...
Pigs have always been pigs
The street-cleaners of the public conscience
They're just like hired killers
These people have been sent out unarmed
Unarmed? I don't think Jack did anything to them
This is going to be the first revolution in history...
...when the pigs were in the upper class
I think they're in the same boat...
...as the people we left back at the house
They have a point of view...
...and they're willing to use any means...
...to back it up
They're doing a job. They're just taking orders
They're working. They're getting paid for what they do
Can you tell us what happened here?
What happened is obvious. What I don't know is why
That young man over there with that white cloth on his head is dead
They get paid more than social workers or college professors
They have a real stake in maintaining the status quo
He was attacked
Signs point to at least three people, maybe four
He was stabbed to death with the spires off a joshua tree
Do you think this man's death will cause any...
...further antagonism on the part of your officers towards these people?
No doubt about it whatsoever
Each is thinking that that could have been him
It undoubtedly would have been
There's no doubt that it'll cause more antagonism
...and I think antagonism is a very mild word...
...on the part of the men towards these individuals
We have a specific plan of action in such circumstances...
...and as soon as the National Guard, who found the body, informed me...
...that this had taken place...
...those measures went into effect
Do you feel the country is on the brink of fratricide?
It's already been happening for some time
Did they take any weapons from the deputy?
They have his patrol car
They have a 357 Magnum
They have a Remington 12-gauge Wingmaster shotgun...
...at least 50 rounds of ammunition
They have his billy-club
They also took his shoes
They are armed and dangerous
They have a shotgun that's the most dangerous that I can imagine
We will use force and not take any chances
They've killed once. I don't like to lose men
Did you know the deputy that was killed?
I didn't know him that well
It's not about a personal vendetta
We're doing this for the people who pay the taxes
The thing that appalls me is that it seems to be understood
It doesn't have to happen this way
If we can somehow create...
...a change of spirit. It doesn't have to happen
But it is
- Have you ever killed a man? - Yes, I have
What did you feel about that at the time?
No feeling at all
Do you think you'll have to resort to violence?
No. I hadn't thought about violence at all
I don't think there'll be any need
That's what we're working against
But it just seems like there's no other way...
...to defend ourselves
Violence might be necessary. Yes
I can't see the good in fighting back
If they kill me, what difference would my politics make?
I would be dead
You quit your job and you don't like to work for others
I can understand that. I have the same feelings sometimes
William Luke Vallerio. Unemployed, age 30
I take a hunting trip sometimes or just go off fishing...
...leave the old lady at home
But you're on vacation all the time
Is that your view of life? Just to be on vacation?
I do what I want to do
Do you understand why you are before this tribunal?
I don't want to go in the army
If our country were attacked within the hour...
...would you join the US services?
I would not
If I told you that I was going to wad up this piece of paper...
...and hit you with it, what would you do?
I would duck
2:00pm. KBCR News
B-52 bombers launched a massive air strike...
against the North Vietnamese armament centre of Pem Dong...
...only 15 miles from the border with China
It's the whole violent thing in America
I don't know when it's going to stop
I don't know what...
...would bring it all to an end
You believe it's obviously getting worse?
- Very much so. - All the time
With the war and the minorities, the poor...
...it is constantly getting worse and...
...it seems that more and more people
...are willing to turn to violence...
...to take care of it...
...and it seems to be escalating into an unthinkable situation
I don't think they're sincere
If they're sincere, why don't they riot in wintertime?
2:23pm
Temperature 101 degrees
Have you ever gone hunting or have your dad...
...or your friends taken you out hunting?
Never
- You've never shot a gun? - I've never shot a gun
You don't know how to handle one?
I don't like guns
What were you charged with?
Refusing induction
Agent Donovan, would you read that charge?
Conspiracy to aid and abet others to avoid the draft
How did you refuse?
I just ignored the letter. I just didn't do anything
You don't like to travel and, according to the charges...
...you tried to flee the country because of draft evasion
How do you reconcile that?
It was necessary
I wanted to get to some place where I could stay...
...be left alone to do what I want to do...
...instead of all the hassles
- Did they just come and take you? - They broke in
You testified that you live alone. Do you listen to the radio?
Do you have a TV set?
I didn't testify that I live alone. I don't have a TV. I have a radio
Do you know what's going on...
...that the Chinese are crossing the North Vietnam border...
...and that we're now bombing within 5 miles of the border?
Do you realize the intensity that this situation faces the USA?
It's getting hard to live here
When they arrested me, they roughed me up somewhat
That's when my wife was arrested
I was just trying to help him
They charged me with assault on a police officer
The only legitimate thing I can think of doing
...is to use my body or well-being...
...my freedom or life...
...to back up what I say
At another time, the honorable or right thing to do...
...might be to be a policeman or to be President
Now, I think the honorable thing to do is to be a criminal
Would you describe your work as committed, socially?
Yes. It's committed
But it's...
...not committed to the revolution
It's committed to...
...sanity
The normal human body temperature is 98.6 degrees Fahrenheit
An increase in body temperature...
...of 6 to 8 degrees above normal for any extended period...
...means death
I don't know what any of us could do
Maybe if we all got together...
...for one day or for one week...
...and stopped, just stopped doing everything and said...
"This has to stop. The fucking war has to stop"
We have to do something about all the hate here
You were 2 weeks in...
...jail before being brought out here
How did the police treat you?
Like we were trash
They were really... really bad
There they are there
The pigs are coming!
You are apprehended!
Your part in the course is concluded
We were just told by the Senator about the menace that faces us...
...and here you sit as if this was a picnic
You've got shackles and handcuffs and this is a picnic!
Stop or we'll shoot to kill!
You sit there so quietly
This is sickening! You're a traitor
Perhaps you haven't had the guard put the cuffs on tight enough
I know it sounds a pain for you
Out of order. Irrelevant
I'm beginning to think that maybe...
...the others had the right idea.
There's no reason to react. It'll just bring it down worse
He loves this country but "I want to go to Canada"
Why does he want to go to Canada? Evade the draft
Do you think they did this...
...because they were Chicano?
It has nothing to do with Chicanos
They're going to do the same thing to all of us
This is the first place they're going to look for us
They could be right behind any one of these little dunes
Temperature 107 degrees
Stop following us, huh?
He's going to make a choice between Punishment Park and prison...
...and he'll have to make that choice himself
The desert heat is a killer
It will burn your skin, sap your strength...
...cut your efficiency, drain the moisture from your body...
...and thicken your blood unless you drink water.
There will be a temperature difference of 45 degrees...
...between daytime heat and pre-dawn cool
Dawn on the second day
Temperature 62 degrees
Nancy Jane Smith
Popular singer and composer
Age 19
I understand the defendant does not wish to have you as her counsel
That's correct, Mr Chairman. She wishes to defend herself
How do you feel?
My hands... my fingers are numb
I'm afraid of my feet. They...
I'm so cold I threw up
Did you hear the patrol cars during the night?
We heard them in the distance but they didn't come near
You were arrested for assaulting a police officer
What did you do to him?
I was trying to keep him from arresting me
The songs that she composes are of a seditious nature
She advocates the overthrow of the government in many of her songs
One of them I'll read right now
Evidence Nancy Smith
Sedatious literature
"Santa Claus is coming With a bag of bombs and guns
"Santa Claus is here The revolution has come
"Grab a handful, dip in quick Grant a slogan, make it stick
"Right on, Baby Get yours and fight like crazy
"We can win, blow up buildings Watch them fall
"For hours that we spend Standing in the hall"
I bet your mother and father are proud of you
Yes
I'd like to hear you sing one
"Celibate ass-lickers Riding cars made of gold
"Taken from the poor They've gathered to their fold
"Father Pig leads a flock of sheep Father Pig makes ready
"For the slaughter
"Celibate snatch-men Their rhythm is the way
"Poor ladies get the babies
" But Father Dick has the say"
Do you know what snatch is?
I don't have to be insulted by this little guttersnipe
In the psychiatric evaluation of the prisoner, these songs...
...do show a neurotic and schizophrenic tendency
Is that your opinion, dummy?
Here's what I'm interested in
You came from a wealthy family
You had the best that this country has to offer
Why do you turn against the country?
My parents taught me to think
...and gave me certain values of honesty and-
- To think? - That's why I'm here
Tell people to throw bombs too?
They taught me to think and gave me a set of moral values
Nothing to do with sex, lady
- What happened to the moral values? - I still have all of them
What about the songs you write?
Do you call those moral?
A lot more moral that what you're doing...
...sitting right there. Fuck off!
Watch your language
Why should I watch my language?
Fuck off!
Watch your language, defendant
What do you think I care what you tell me to do?
You're going to kill me in a little while
Old man!
Moral crap? You said crap!
Yes. You make me say crap!
- You make me very angry! - Shoot that woman!
She said crap!
Sit down, defendant
What you're doing to the children-
What I'm doing?
Yes, what you're doing! You make me sick!
You're a crazy girl! You ought to be locked up!
Why should I be locked up? Why don't you shoot me?
Because you're schizophrenic! You're cuckoo!
Miss Smith, I remind you that your violent...
...overthrow-of-the-government, financially-rewarding songs...
...really gives you a peculiar kind of freedom...
to have your love-ins, to have your pot
What is your philosophy of government?
What do you believe in?
I would take every man...
...that's in a uniform in another country
...and bring him back home and put him back in the world
I would take every prisoner out of their cages
I would feed every hungry person and take away every rich person's money
I would take every person that's tired of working jobs...
...like on the auto lines and have worked for years...
...for nothing and never getting ahead
I had to quit school because...
I got so fucking paranoid because after Kent State...
I realized that I had to put on...
...a cheerleader's sweater with an I love America pin...
...and the people who were shooting weren't even aiming
I'd walk out of a classroom
...and be on my way to lunch and get killed just as easily...
...as in the front line of a barricade in a demonstration
- Do you have any children? - Yes, I have
How many children?
You've tried to get into the mind...
...of some of my children
They were brainwashed by watching Donna Reed and Father Knows Best
By the time they listened to me, they were past their formative years
- How many? - I have 3 children
How would you feel if one of them died?
I'd feel terrible.
The course has now been in progress...
...for 24 and a half hours
Let us get back to the charges
I'll read them again
I have a charge to make against you
I have a charge to make against you, old man!
You old, sick man
How many kids have you led to the slaughter?
How many kids are out there?
Who's getting killed by the guns that I hear?
How many children have been through these tribunals?
- Silence! - No!
How many children have you killed?
Who's dying right now?
You sent those kids out there
I sent those kids out there?
Who's dying? Who's dead that was sitting right here?
You sat here and with all the arrogance in the world-
I don't have to listen to that
You don't even hear me
Cut it out!
You're a phoney!
There's no question about this girl...
...being a definitive communist threat
Each member of this group...
...is now lacking about 2 quarts of body water
I believe in destroying everything that you stand for...
...and everything that you're trying to do
I'm complaining?
I have the right to complain!
Defendant, sit down. Restrain the defendant
You're going to put a bullet-
Basically, we found ourselves in a situation where...
...we thought we had the entire group of militants pinned down...
...and called upon them to surrender
They did not do so and you see the consequences
Silence the defendant!
I've got a couple of young kids. How are you going to raise them?
We have at least one more running around
What do you plan to do now?
We have this gun
We'll try to find a place in the high ground...
...and wait for them and, if they don't come, we'll get out
We know we'll get them
This whole fucking game is like a revolution and we're in it
If we don't get them, the desert will
We've got to either win or die
- Where was he hit? - In the neck
I don't much care just so they're hit
If we do win, we're going to wreck this fucking establishment...
...and this fucking game
They don't understand what's going on in this country
They have no idea, no loyalty, no understanding...
...and they respond with violence
And the words in her songs... "Throw bombs!"
" Blow up!" "Kill!" "Kill!"
And who do they kill? Innocent people
And she drives the kids here and says we did it
Temperature 98 degrees
One of the main reasons for having Punishment Park...
...is because, with the type of crime...
...that we have being committed today...
...the civil and social crime...
...we're filling up our prisons...
...faster than we can build new facilities
May we ask you what you feel about...
...your duty on the board today?
What do you feel about disciplining young people?
A number of these young people...
...remind me of a situation I had at home
It was one of my own daughters
For about a year we had quite a difficult time with her
She didn't believe that there would be any discipline...
...and we sort of worked that thing out
May I ask you how?
I kept punishing her and she kept responding...
...until finally we worked it out quite well
You've got to remember...
...that these children are like...
...skilled and trained, highly-bred horses
They're trained to go around that track...
...but then you've got to sort of hold them in...
...because, if you let the reins out...
...they'll just run around without any control at all
We do get a few oddballs before this tribunal
Especially that one that wouldn't kill a fly
He said he'd take one of these cups and catch the fly...
...and take it outside and let it free
He's probably in 1-A now or Indochina. I wouldn't know
I'd rather be in a lot more places than in the desert
I have a wife and family back home
There are certain things you have to do for your country...
...but for all the abuse and just seeing these characters...
...have no respect for this country...
We sit there and try to give them a chance...
...to have a fair say but they don't appreciate it
It's a very difficult job to do
But somebody has to do it
We do our best
What would you do if one of your children appeared before you?
Oh, my God
My kids wouldn't do that. They really wouldn't
They've been trained differently
I see a running pattern of paranoia in these youngsters
This may sound funny
I think there should've been more spank and less Spock
...and our youth wouldn't be what they are today
These are political criminals. They are not social criminals
They have to be shown that their way is wrong
We cannot show them by killing them, by building gas chambers...
...or by setting up machine-gun bunkers and covering them with bulldozers
This is not the way we like to operate
- What's wrong? - Fuck! Fuck!
Let's get going
But going where?
Let's try to make it to the flag
How'll we make it somewhere? We have no water!
There's no water that way
What would your forefathers have done, Mr Kohler...
...if, during the revolution...
...they were all conscientious objectors?
If the majority of my forefathers were conscientious objectors...
...it would include the people from England and...
...they would have been acting justly towards the people in the colonies
James Arthur Kohler
Pacifist. Age 20
...and they wouldn't have been over here killing the Indians
Are you aware of the crisis in this country?
...of the world at large...
...and the responsibility that we have to this crisis?
What responsibility do you have as a citizen?
My responsibilities as a citizen do not include killing for it
I'm not going any further
They want us to try and break out
They want us to become violent
They want us to be like them
I'm not going to let them play games with me anymore!
Anyone that wants to come with us, come on
They want to blow your brains out
They're going to kill you. Straight and simple
That's what'll kill us! Things like that!
Are you familiar with Saint Thomas Aquinas?
Yes, I am
I think he had this to say about a just war
He laid down a proviso for a just war:
...that the war must be decided upon legitimate authority...
...and, secondly, that its objective must be to vindicate justice...
...and that, thirdly, it must be waged with a just intent
This was during the 12th Century, before this present time
He understood what a just war meant
Can't you understand that the policy in Indochina...
...is even justified by a 12th Century philosopher?
Those provisos came from Saint Augustine originally...
...and Saint Augustine had a fourth proviso which shows...
...the total absurdity of considering any war just:
...that a war must be waged...
...under the control of a loving disposition...
...that no man is fit to inflict punishment...
...until he has banished hate from his heart
Temperature 109 degrees
Distance to the US flag...
...27 miles
Defendant, I take it from your philosophy...
...you're opposed to slavery. Is that right?
Yes, I am
And the Civil War was fought to free the slaves?
Speak up, will you?
It wasn't fought to free the slaves...
...and it wasn't a just war
It was just war...
...because the black people fought for freedom
Would you have fought on the side of the black people?
Black people haven't gained their freedom!
What do you think what's happening right now is all about?
We know that there are only a handful of black militants...
...that are running the People's Army. It does not represent the community
You are trying to overthrow the government...
Charles Robbins...
...member of the People's Army
Age 25
Martin Luther King was opposed to your violence and...
...you're talking about a People's Army when you're only a handful
To deal with the thing of what you call black militants...
...trying to overthrow the government...
...we're trying to save people...
...because the government is overthrowing itself
My loyalty is to the people. People are the most important thing...
...and people have been left out...
...while the cats that run this country have moved and shitted all over
You dwell on the black problem
It's quite obvious because I'm black
I've been to Washington DC...
...and I've seen the schools and ghettos...
...and we're trying to educate...
...and yet you're trying to take over our programs
Is that what you're trying to offer? Our own programs?
The thing is we don't want to take over your programs...
because we know your programs are very corrupt
Do you believe you're separatist or a racist?
I'm neither. I'm an internationalist
You have no chance in hell going the way you're going
Two surviving members of Corrective Group 637...
...have seized a West German sound technician as hostage
We're trying to save the people
In what way?
Through mass education. We believe in education through example
We have very functional programs. Example. Right on
What kind of example are you?
You're a revolutionary
Your newspapers show a black militant with a gun
"Shoot the pigs!" "Shoot the pigs!"
I believe in this
It's simple and plain
When fired upon, I believe in firing back
It's just a matter of staying alive
It's like a game they're playing
You either win or you die
The pigs are running madly through our community...
...slaughtering off our children and our women
The truth in America is that America is a sick society
America is full of motherfuckers who have shitted upon people
Are you afraid to die?
No, I'm not afraid to die. That's quite obvious
Why are you leading your people into a mass hysteria?
When I walk through Washington DC asking why-
Hey, man, you're always in Washington DC...
...but you ain't doing nothing in Washington DC!
You're out here in California right now...
...sitting on a committee...
...that is supposed to be from this particular area...
...but you spend most of your time in Washington DC
How come you're not in Washington DC relating to the problem?
Does that make me a pig?
I don't to have to call you a pig because you know what you are
Would you like me to define what a politician is?
A politician is nothing but a debater
All that you do is debate issues, you fat pig!
You meathead! That's all that you are...
...because you're a lying sucker!
You're lying to the camera, to your mamma, to everybody!
Quiet!
Quiet, defendant!
You ain't got no humanity in you because you're a pig!
You lying punk!
Restrain the defendant
Shut him up!
Shut him up! Gag him!
Shut him up!
Defence counsel...
Shut him up!
What seems quite clear now...
...is that instead of trying to bring estranged and excluded Americans...
...back into the national community...
...the administration has chosen...
...to accept and exploit the division within the country...
...and to side with what it considers as the majority
Instead of the politics of reconciliation
...it has chosen the politics of polarization
Have you discussed what you'll do if you have to leave him?
Or will you try and take him with you?
We never thought about it
Morning on the third day
When the human body has suffered a dehydration of between 6 to 10...
...it experiences dizziness, difficulty in breathing...
...decreased blood volume, indistinct speech...
...and finally an inability to walk
Distance to the US flag...
...23 miles
I'd like to know about violence on the campus
I'd like to know why you people do these things
A lot of us work hard...
...to build those schools and pay taxes
And you people just come along and burn them right down
Students don't burn buildings down. That's just a myth
It's just a sensationalized myth brought about by the press
Students don't burn buildings down...
...and, besides, I don't advocate violence
Alison Michener, radical organizer of women's unions...
...co-founder of the National Committee Against War And Repression
Age 23
It's a waste of time
You try to destroy the Bank Of America...
...try to break in a window. They can build it right up...
They have the money, power. That's not the way to change things
I'm glad I'm here
Some of the guys...
...have gotten pretty upset since the deputy incident
I'm afraid they're going to shoot first and ask questions later
Have you heard some of the men say that?
They've really gotten paranoid
I think that people become violent...
...when they are deprived of their basic human needs
I think that they become violent when that is their only alternative...
...to achieving the satisfaction of those needs
A major component of our democratic society...
...comes from the pre-amble to the Constitution...
...which states that an individual is guaranteed the rights to life...
...liberty and the pursuit of happiness
The rights to life
It seems paradoxical to me that...
...a nation with such ideals...
...and such economic power...
...still cannot fulfill or seems unwilling to fulfill...
...basic human needs...
...of food, clothing and shelter
The decoy seems to have worked very well
It's brought them out in the open
They've reached the decoy
A country with this economic power and those kinds of ideals...
...still at this point...
...can't feed 11 million people, according to a government survey
Your participation in the course is terminated
Temperature 111 degrees
...still can't feed 11 million people, can't clothe those people...
...even though they're producing those things in overabundance
Now why is that? And if you have someone who can't get food stamps...
...and who can't get on welfare and who is starving...
...he or she can either sit there and watch his children starve...
...or go out and fight for what he needs
Stop where you are
Sit down, cross your legs and keep your hands behind your head
Stop where you are! Sit down where you are!
Cross your legs and put your hands behind your head
You're under arrest
I think they can't hear you
Stop where you are!
Stop. Sit down. Go back or I shall shoot to kill
I don't think they can hear you. Just a minute
Get back. There seems to be some confusion here
Stop where you are!
Now come on. Slow up. They can't hear you
Sit down! Sit down!
Sit down!
Fuck!
Go on! Get the gun!
Dear Lord...
...we pray for Harold
Violence is inherent in this society. You don't seem to understand that
You fucking bastards! Get out of here!
The movement went through a long time in history...
...and was very reluctant to make radical changes, to become violent
We saw the government would only make changes when we did become violent
Violent, violent, violent, violent...
Yes, violence, Mr Chairman
I think we should realize the dangerous extent to which-
You wish the floor, Defence Counsel?
- Yes, I do! Yes, I do! - Then get up
We should realize the degree in which the violence of the students...
...is now being overplayed and that of the establishment is being minimized
You are trying to put radicals on trial as scapegoats...
...for the problems of your own system
It's rather appropriate...
...that Harold was a poet
There's no place for a poet in this culture
It's so hard to have any hope about anything...
...after you see how completely inhuman people can be
We must draw this cross-examination to a close
There was no need to do that
I'm sitting here chained in the chair...
...and you don't need to send these people you train...
...to behave live mad dogs
I have a very important part of the hearing to talk to you about...
I don't think you know what's important
...the amnesty provision and I want to read it to you
Your signing of a voluntary pledge of loyalty...
...that you will not again participate in any form or manner...
...of extra-legal or subversive political activity...
...and that you will not again hinder State or Federal authorities...
...in matters relating to safeguarding of the national security
I am loyal to the people of this country, Your Honour...
...or whatever your title is
I am not loyal to the government because it is against the people
Hands behind your head. Come out
Don't shoot them! Don't shoot them! They're all right!
Tell them not to shoot!
Tell that fucker not to shoot!
We don't have any guns!
Tell that nigger to put his hands up where I can see them
Fuck you!
Come on! Come on! Come on! There's a camera crew here!
I don't give a fuck who's there
Ease up! Ease up!
Put your hands behind your head
Take pictures of this! They're gonna to kill us!
I think there is a chance to make it through this course...
...and I think we're going to do it
We have to not lose hope and keep on going
We don't have any guns
Our choice is whether to submit to this self-destruction...
...passively or violently
That's the only choice I see
Fucking liar! You'll shoot us in the back!
Keep back. Keep back, now
So you feel that, just as you feel...
...there's a reason for going on through the course...
...this is the same way to try and deal with...
...what you feel is wrong with the system in America?
I think that's right. Yeh
I think if you play it...
...by the rules of the people who've set up the game...
...even though they're stacked against you...
...that's the only way to possibly win the game
Don't do that! Don't do that!
Get down!
You goddamn motherfucking weekend warriors!
You killed them!
Oh, God!
Motherfuckers!
You murderers!
Cut! Cut!
Leave him alone! Leave him alone!
There's an accident!
Put that fucking rock down, boy!
Cut the camera!
I feel very little hope for us
I don't see any hope either way
It's simply a matter of what you believe in
Either you believe in non-violence or you don't
And, if you do...
...many times there's only one path left to you...
...and you have to take that, no matter what it means to you
Now, come on. Help these people! Help these people! Help them
Help them
That one's dead
Oh, you fuckers! You fuckers! You shitty fucking cunts!
We've got one left alive, huh?
Fucking idiots!
We've seen this! We've seen this! We've seen this!
Officer Edwards, we've seen this!
I don't give a flying fuck what you've seen!
This is going on NBC!
We've seen this!
I don't care if you take it and jam it in your ass
You murdering bastards! You fucking bastards!
As soon as you get through with your little hysterics...
Hysterics, mate? You wait until you see yourself on TV
I've been on TV before. I'm not worried
Not like this you haven't
Captain, should I call for the ambulances?
Let the buzzards get the sons-of-bitches. And him too
- They threw rocks and... - This man's shook up
Leave him alone
Why did you kill two people?
I don't know. It was an accident
- You didn't mean to kill them? - No, I didn't want to kill anyone
You didn't want to kill them?
No! No!
No, I didn't want to kill anyone! It was an accident!
Hey! Leave him alone. Leave him alone!
- How old is this kid? - He's 18
What's a kid doing in the National Guard if he can't use weapons?
- He's trained to use them. - Trained to use them?
What do you expect with all those men throwing rocks?
- You mean he's trained to kill people? - Yes, he is. To defend his country
He's trained to defend his country!
You mean he's trained to kill unarmed people like that?
It was an accident!
It was an accident. They were throwing rocks
The gun just went off. I didn't know what happened
What are you going to say to their parents?
Come on, soldier. Let's go. Come on. Let's go
President Nixon in San Clemente, CA...
...sent a telegram for reading at the Artists' Variety show
The Chief Executive told the artists:
"We Americans are known throughout the world as forward-looking people"
The President said the USA is a symbol of progress, of hope...
...and of just and orderly growth
B-52 bombers hit guerilla infiltration routes along...
...along the Cambodian border north of Saigon
The afternoon of the following day
This has been a session marred by continual disruptive outbursts...
...in direct defiance of judicial authority...
...by the defendants and defence counsel
Outburst in the form of constant murmurs...
This disruption of a further example of what I've been referring to
Marshal, you'll restrain the prisoner if he makes any more outburst
Outbursts in the form of constant murmurs and derision...
...shouting profanity and abuse
No record, no matter how skillfully transcribed...
- We'll have quiet here! - Or what?
...can adequately portray the venom, sarcasm...
...and tone of voice employed by a speaker
This has been a session marked by guffaws, cheap theatrics...
...and other affectations used by the defendants...
...in an attempt to break up these proceedings
Despite these outbursts, the proceedings have been conducted...
...with impartiality and objectivity...
...as called for by the extreme seriousness of the circumstances
Turn him loose!
These proceedings have been conducted before a nationwide TV audience...
...in an attempt to clarify for the American people...
...the issues at stake...
...as an object lesson for others who may be considering...
...the wilful and tragic path taken by the defendants
Defence counsel, do you have anything to say...
...as to why I should not proceed with the sentencing?
Ladies and Gentlemen of the tribunal...
...I would like to read you something
"The streets of our country are in turmoil
"The universities are filled with students rebelling and rioting
"Communists are seeking to destroy our country
"Russia is threatening us with her might...
"... and the Republic is in danger
"Yes, danger from within and without
"We need law and order or our nation cannot survive"
We might all be forgiven...
...for supposing those to be the words of our President
But they are not
Those words were uttered in 1932 by Adolf Hitler
Sieg motherfucking Heil!
We know what kind of law and order followed in that country
You ask if I have anything to say...
...to show cause why sentence shouldn't be passed
Other than that these are young people...
...with all of life before them...
...full citizens of the USA...
...to whom the Constitution and the Bill Of Rights apply...
No, I can't think of anything...
Motherfuckers
Those bastards
- That's it! - We're here
That's the flag! We made it
What are they doing there?
Lee Robert Brown: 15 to 21 years in a federal penitentiary
Jay Kaufman: 15 to 21 years in a federal penitentiary
William Luke Vallery: 7 to 10 years in a federal penitentiary
Nancy Jane Smith: 7 years in a federal penitentiary
James Arthur Kohler: 5 to 7 years in a federal penitentiary
Mary Ellen Michener: 7 to 10 years in a federal penitentiary
Charles Robbins: life imprisonment
At this point your participation in the course is completed
You are to be remanded in custody
What?
Stop right now and no harm will come to you
I don't care how far you've come, you'd better stop
Stop where you are and no harm will come to you
We made it!
Stop it!
Stop it! Stop it! Stop it!
Cut! Cut! Cut!
Lee Robert Brown, which do you choose:
15 to 21 years or Punishment Park?
Punishment Park. So recorded
Jay Kaufman: 15 to 21 years in a federal penitentiary...
...or Punishment Park?
Hey! Leave him alone! Stop that!
Jay Kaufman: 15 to 21 years or Punishment Park?
Punishment Park
And I'm heading back here so have your troops around this fucking tent!
William Luke Vallery: 7 to 10 years in a federal penitentiary...
...or Punishment Park?
So recorded
Nancy Jane Smith: 7 years in a federal penitentiary...
...or Punishment Park?
Punishment Park
So recorded
James Arthur Kohler: 5 to 7 years in a federal penitentiary...
...or Punishment Park?
I'll take the Park
Take Punishment Park. So recorded
Mary Ellen Michener: 7 to 10 years in a penitentiary...
...or Punishment Park?
- Punishment Park - So recorded
Charles Robbins...
...with a nod, do you want life imprisonment...
...or, shake your head, Punishment Park?
How can he talk?
Shake your head-
You're gonna kill him, you fucking idiot!
Mr Chairman...
Clear the court! Clear the court! We've already made the sentences
I feel so ashamed
Nobody's touching that flag!
They were just surrendering peaceably
My Christ, I've heard about the American police!
I'm glad you got to see it. Tell all your friends about it
Send them postcards from England because that's where they'll listen
This is going on European TV...
I don't give a good goddamn where it goes!
...and France and Germany!
Bloody barbarians!
Remind you bloody European bastards of the goddamn American soldiers...
...that are dead in your goddamn country when you're talking about it!
10 minutes later
- Why did you do that? - Because they goddamn deserved it
They killed two officers!
That wasn't part of the goddamn game
Don't you goddamn come near us
We're just doing our job and I'm tired of you hassling us!
Can you tell us why you did what you did?
For the same reason he did. They had it coming to them
They had a chance to stop. Did they stop? I'm asking you
Because they rushed us
That's not a reason, man! That's not a reason!
They wouldn't have rushed us if you hadn't been there...
Oh, shit
You were one who started this
I started it?
I told the man to stop. The captain told the man to stop
And that's all there is to it. He didn't stop. He attacked me
I don't care what the fuck you think
You can do with your newsreels whatever you want
This is the second night this has happened
You could have let those 4 people come straight through
Had they wanted to they could have done that
We're dealing with criminals who have killed two of my men
As it happens these 4 people have not hurt a goddamn fly...
...on the entire desert
Do you think we'd let them reach that flag?
Do you think they deserve that flag?
They belong to this country as much as you do
They care about this country as much as you do
What the hell are they doing out here?
They gave up their rights when they started breaking this country's laws
That's what we're here for: to enforce those laws
And we do a goddamn good job of it!
You're making out like a big humanitarian
The only thing you want is to sell this to your goddamn network
I don't see you putting any band-aids on anybody
All you want is the money for this program
You could have opened your ranks and let them go through
This happened in Chicago. It happened in Los Angeles
Were you at Chicago?
It'll happen as long as we've got this type to deal with
Get the defendants out of here
You see what your great land is all about?
No, we haven't cheated
You cheated. You never intended to let them finish the course
You're full of shit
You had radios
They've obviously been under control
You have your opinion. There's nothing that will change it...
...and it isn't worth my valuable time to talk to you
Keep these sons of bitches out of here
- That's bullshit! - We've had enough of this
The 48th Emergency Internal Security Tribunal of the SW region...
...as authorized by Executive Order No. 302...
...William C. Hoager, chairman, presiding...
...is hereby concluded
- What have they done to her head? - They've bashed her about the jaw
Since the completion of this film...
...one of the members of its cast...
...appearing as defendant Charles Robbins...
...has been indicted on a charge...
...of conspiracy to bomb
The sentence on this charge...
...has not yet been determined
For a second charge...
...of assault on a police officer...
...this cast member has been sentenced...
...to 3 years in a federal prison