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TheChicago Seven, originally theChicago Eight and also known as theConspiracy Eight orConspiracy Seven, were seven defendants –Rennie Davis,David Dellinger,John Froines,Tom Hayden,Abbie Hoffman,Jerry Rubin, andLee Weiner – charged by theUnited States Department of Justice withconspiracy, crossing state lines with intent to incite ariot, and other charges related toanti-Vietnam War and1960s counterculture protests inChicago, Illinois, during the1968 Democratic National Convention. The Chicago Eight became the Chicago Seven after the case against codefendantBobby Seale was declared amistrial.
All of the defendants were charged with and acquitted of conspiracy; Davis, Dellinger, Hayden, Hoffman, and Rubin were charged with and convicted of crossing state lines with intent to incite a riot; Froines and Weiner were charged with teaching demonstrators how to construct incendiary devices and acquitted of those charges. All of the convictions were laterreversed onappeal, and the government declined to retry the case. While the jury deliberated, JudgeJulius Hoffman convicted the defendants and their attorneys ofcontempt of court and sentenced them to jail sentences ranging from less than three months to more than four years. The contempt convictions were also appealed, and some were retried before a different judge.
Since the beginning of the trial in 1969, the defendants and their attorneys have been depicted in a variety of art forms, including film, music, and theater.
In the fall of 1967,David Dellinger was the director of theNational Mobilization Committee to End the War in Vietnam (the Mobe), and planning began during Mobe meetings for an anti-war demonstration at the1968 Democratic National Convention.[1]: 1 [2] A similar plan was created by SDS Vice President Vernon T. Grizzard titled "Summer 1968: Possibilities for New Local Organizing".[3] In early 1968, theTet Offensive against American forces in Vietnam started, and in February,Walter Cronkite said the war was "lost."[4] In March, Johnson ended his campaign for the nomination.[1]: 1
Protests against the war continued,[5] andRennie Davis andTom Hayden became directors of the Mobe office in Chicago.[1]: 1–2 Acounterculture group known asYippies, includingJerry Rubin andAbbie Hoffman, also planned a "Festival of Life", announced at a press conference on March 17,[6] as a response to what they described as the Democratic "Convention of Death".[1]: 2 [5] In January, the Yippies had issued a statement that included: "Join us in Chicago in August for an international festival of youth music and theater ... Come all you rebels, youth spirits, rock minstrels, truth seekers, peacock freaks, poets, barricade jumpers, dancers, lovers and artists ... We are there! There are 500,000 of us dancing in the streets, throbbing with amplifiers and harmony. We are making love in the parks ..."[5][2] In a March meeting atLake Villa, Illinois, coordination of demonstrations was discussed by representatives from various groups; Hayden and Davis drafted a proposal that included "the campaign should not plan violence and disruption against the Democratic National Convention. It should be nonviolent and legal."[1]: 2 [2]
Following theassassination of Martin Luther King Jr. in April 1968, there were riots in Chicago and other cities.[1]: 1 [5] In June 1968,Robert Kennedy was assassinated.[1]: 1
Most of the permits applied for by the Mobe and the Yippies for protest-related activities were denied.[1]: 2 Rennie Davis sought help from the Justice Department, and argued permits would lower the risk of violence between protesters and police, but was unsuccessful.[7] A week before the start of the convention, Mobe organizers sued in federal court to obtain permits to use the parks, but were denied on August 23.[7][2]
A variety of groups convened in Chicago to protest during the convention week, including theNational Mobilization Committee to End the War in Vietnam (the Mobe) and theYippies. TheBlack Panther Party and theSouthern Christian Leadership Conference also sent representatives to protest racism.[2]
On Friday, August 23, the Yippies nominated their own candidate for president: a 145-pound pig they calledPigasus, who according to Frank Kusch, was "released to the public" at the Civic Center Plaza and promptly "arrested" by police as he was "interviewed" by journalists.[7] Five Yippies were taken to jail, includingJerry Rubin andPhil Ochs, while Pigasus was released to the Chicago Humane Society, and the Yippies were released after they each posted a $25 bond.[7]
By the weekend before the convention, about 2,000 demonstrators had set up camp inLincoln Park.[8] On Saturday, August 24, Lincoln Park was cleared almost without incident, withAllen Ginsberg leading many protesters out of the park before the 11 p.m. curfew.[5][7] According to Frank Kusch, police cleared the park and arrested eleven people for failing to disperse, while a crowd outside of the park suddenly ran toward the main street in Old Town yelling "Peace now! Peace now! Peace now!" and then marched for ten blocks before police arrived and the demonstrators quickly blended into the regular crowds on the sidewalks.[7]
For the convention, the 11,900 members of the Chicago Police Department were put on twelve-hour shifts, and nearly 6,000 members of the National Guard were sent to the city,[8][1]: 2 with an additional 5,000 National Guard on alert, and approximately 1,000FBI and military intelligence officers,[7] and 1,000 Secret Service agents were in the city.[9] The 4,865 city firefighters were ordered to work extra shifts beginning on the Sunday before the convention, and the Chicago Police Department placed 1,500 uniformed officers outside theInternational Amphitheatre, where the Democratic convention was held, including snipers.[7]
The number of demonstrators in Chicago was estimated to be about 10,000.[1]: 2 [7] From inside the International Amphitheatre, CBS evening news anchorWalter Cronkite reported: "The Democratic convention is about to begin in a police state. There just doesn't seem to be any other way to say it."[8]
On Sunday, August 25, protest leaders allegedly told people to "test the curfew", while there were several thousand people inLincoln Park, around bonfires, beating drums, and chanting.[5][2] When the park was officially closed at 11 p.m., Chicago police used tear gas and moved in with billy-clubs to forcibly remove them from the park.[9][2] Police formed a skirmish line and cleared the park, ending up on Stockton Drive, with about 200 police facing about 2,000 protesters.[5] Protesters, journalists, photographers, and bystanders were clubbed and beaten by the police.[5][10][9]
On August 26, demonstrators gathered inGrant Park and climbed on a statue of General Logan on a horse, which led to violent skirmishes with police.[8] Police hauled a young man down and arrested him, breaking his arm in the process.[5] The only permit granted to the Mobe for the convention week was for a rally at the Grant Park band shell for the afternoon of August 28, and it was granted on August 27, after the convention began.[7]David Dellinger told members of the media, "We'll march with or without a permit", and that Grant Park was only a "staging area for the march".[7]
On the morning of August 28, Abbie Hoffman was arrested for writing the word "FUCK" on his forehead.[11][2] In the afternoon, Dellinger, Seale, Davis, and Hayden addressed thousands of demonstrators at the band shell in Grant Park.[2] After the rally at the Grant Park bandshell, several thousand protesters attempted to march to the International Amphitheatre,[5] but were stopped in front of theConrad Hilton Hotel, where the presidential candidates and campaigns were headquartered, by what David Taylor and Sam Morris ofThe Guardian describe as "a phalanx of National Guard armed with M1 rifles, backed by machine guns and jeeps with cages on top and barbed wire frames in front."[8] In a sit down protest, the crowd chanted "the whole world is watching".[8]
Film and videotape reports from "The Battle of Michigan Avenue", described byNeil Steinberg of theChicago Sun-Times as "a 17-minute melee in front of theConrad Hilton", were broadcast on television, interrupting the live coverage of the third evening of the convention.[5] The police violence extended to protesters, bystanders, reporters and photographers, whiletear gas reachedHubert Humphrey in his hotel suite.[12] Police pushed protesters through plate-glass windows, then pursued them inside and beat them as they sprawled on the broken glass.[5] 100 protesters and 119 police officers were treated for injuries, and 600 protesters were arrested.[5] Police brutality and demonstrators chanting "The whole world is watching" were filmed by national news outlets and broadcast[12] on the same night that Humphrey won the presidential nomination.[1]: 3
Paul Cowan ofThe Village Voice reports that by Thursday, Tom Hayden was in disguise by Grant Park, Jerry Rubin was in jail, and Rennie Davis was recovering from a beating by the police. After a speech byEugene McCarthy in Grant Park that afternoon, a march was joined by delegates and McCarthy supporters but was stopped at 18th Street and Michigan Avenue by the National Guard. Arrests were followed by tear gas and mace, while marchers chanted "The whole world is watching" and retreated to Grant Park. In the park, demonstrators sang "God Bless America", "This Land Is Your Land", and "The Star-Spangled Banner", and waved"V" signs above their heads, asking soldiers to join in. They never did.Phil Ochs sang "I Ain't Marchin' Any More", and demonstrators chanted "join us" softly. Five hours later, police officers raided a party organized by McCarthy workers in the Hilton hotel, and beat them viciously. According to the McCarthy workers, all telephones on their floor had been disconnected a half hour before, and they had no way to call for help.[13]
Investigations were conducted by the City of Chicago, theU.S. Department of Justice, theHouse Committee on Un-American Activities (HUAC), and theNational Commission on the Causes and Prevention of Violence.[1]: 3 On September 6, 1968, the Daley administration issued a report that focused on "outside agitators" with an "avowed purpose of a hostile confrontation with law enforcement."[1]: 3 [14][15]
Bruce Ragsdale writes that the HUAC chair,Richard Ichord, "suspected communist involvement in the demonstrations", but the hearings "devolved into a bizarre preview of the conspiracy trial when a shirtless, barefootedJerry Rubin burst into the hearing room with a bandolier of bullets and a toy gun."[1]: 3 In October 1968,Abbie Hoffman was arrested for wearing an American flag shirt[16] while trying to attend a HUAC meeting[17] after being subpoenaed to appear.[18]Tom Hayden also testified during the hearings.[19]
On September 4, 1968,Milton Eisenhower, chair of theNational Commission on the Causes and Prevention of Violence, announced the commission would investigate and report its findings to President Lyndon Johnson.[20][21] Supervised byDaniel Walker, more than 200 investigators conducted interviews of more than 1,400 witnesses and reviewed FBI reports and film.[21] The Walker Report was released on December 1, 1968, and described the violence as a "police riot". The report summary included:
The Walker Report also acknowledged provocation and violence by some protesters and stated the "vast majority of the demonstrators were intent on expressing by peaceful means their dissent."[1]: 3
The Department of Justice investigation did not support prosecution of demonstrators.[1]: 3 Attorney GeneralRamsey Clark asked the U.S. attorney in Chicago to investigate the Chicago police.[1]: 3
On September 9, 1968, a grand jury in the U.S. District Court for the Northern District of Illinois began to investigate demonstration organizers for federal law violations and police officers for civil rights violations.[1]: 3 On March 20, 1969, the grand jury indictments of eight demonstrators and eight police officers were publicly announced.[22] Seven police officers were charged with assault and one police officer was charged with perjury.[1]: 4 In addition, Enid Roth, an NBC News producer, was indicted on two counts of electronic eavesdropping, which were related to hidden microphones found in closed meetings of the Democratic party platform committee.[23][24]
The charges against the demonstrators were the first prosecutions under the anti-riot provisions ofTitle X of the Civil Rights Act of 1968.[1]: 4 All were charged with conspiring to use interstate commerce with intent to incite a riot.David Dellinger,Rennie Davis,Tom Hayden,Abbie Hoffman,Jerry Rubin, andBobby Seale were also charged with crossing state lines with the intent to incite a riot.John Froines andLee Weiner were charged with teaching demonstrators how to construct incendiary devices that would be used in civil disturbances.[1]: 4
Eighteen others were named by the grand jury as alleged co-conspirators, but not indicted: Wolfe B. Lowenthal,Stewart E. Albert, Sidney M. Peck,Kathy Boudin, Corina F. Fales, Benjamin Radford, Thomas W. Neumann, Craig Shimabukuro, Bo Taylor, David A. Baker, Richard Bosciano, Terry Gross, Donna Gripe, Benjamin Ortiz, Joseph Toornabene, Sara C. Brown, Bradford Fox, and Richard Palmer.[25]
The original eight defendants wereAbbie Hoffman,Jerry Rubin,David Dellinger,Tom Hayden,Rennie Davis,John Froines,Lee Weiner, andBobby Seale. The defense attorneys wereWilliam Kunstler,Leonard Weinglass of theCenter for Constitutional Rights, as well asMichael Kennedy,Michael Tigar,Charles Garry,Gerald Lefcourt, and Dennis Roberts. The presiding judge wasJulius Hoffman (no relation to Abbie), and the prosecutors were Richard Schultz andTom Foran.
The trial began on September 24, 1969.[1]: 11–12 In his opening statement, when prosecutor Richard Schultz mentioned Abbie Hoffman, Abbie Hoffman stood up and blew the jury a kiss, and the judge said, "The jury is directed to disregard the kiss from Mr. Hoffman."[26]
The government called 53 witnesses, including undercover police officer Robert Pierson, who worked as a bodyguard for Abbie Hoffman and Jerry Rubin, and testified that on October 8, 1969, he heard Abbie Hoffman say "If they push us out of the park tonight, we're going to break windows", and about statements made by Rubin, Seale, and Davis.[1]: 6 [27] Police officer William Frapolly testified about his undercover work, which included joiningStudents for a Democratic Society and theNational Mobilization Committee.[1]: 6 Frapolly testified he heard most of the defendants say they intended to incite police confrontations and other disturbances; he also testified that Weiner and Froines discussed incendiary devices and chemical bombs.[1]: 6 [28]
Seale was initially represented byCharles Garry, who appeared at the April 9 arraignment.[29][26] Before the trial began, Seale had been indicted in Connecticut on charges of conspiracy to murder a suspected police informant and was therefore denied bail during the trial.[29] Garry became unable to travel due to his need to recover from a surgery, and Judge Hoffman denied the request to postpone the trial start date.[29][26] The judge also refused to allow Seale to represent himself, in part because Kunstler had signed an appearance for Seale on September 24 to be able to visit him in jail, so Kunstler's request to withdraw as Seale's attorney was an "absolutely discretionary" decision by the judge, and Judge Hoffman decided Seale was represented by Kunstler.[26][30]
Seale protested the judge's actions, arguing that they were not only illegal, but also racist, telling the court on September 26, "If I am consistently denied this right of legal defense counsel of my choice, who is effective, by the judge of this court, then I can only see the judge as a blatant racist of the United States court."[26] Seale had been in Chicago for less than 24 hours over two days of the convention week[26] and had been invited shortly before the convention began as a substitute forEldridge Cleaver, so the evidence against him was testimony from undercover police officer Robert Pierson, about a speech by Seale in Lincoln Park, where according to Pierson, Seale had urged his audience to "barbecue some pork", and Judge Hoffman, over the objection of the defense, allowed Pierson to give his opinion that this meant "to burn some pigs", i.e., police officers.[30][27]
On the morning of October 29, after Seale called Judge Hoffman a "rotten racist pig, fascist liar", the judge responded: "Let the record show the tone of Mr. Seale's voice was one of shrieking and pounding on the table and shouting",[31] and Seale replied, "If a witness is on the stand and testifies against me and I stand up and speak out in behalf of my right to have my lawyer and to defend myself and you deny me that, I have a right to make those requests. I have a right to make those demands on my constitutional rights. I have a constitutional right to speak, and if you try to suppress my constitutional right to speak out in behalf of my constitutional rights, then I can only see you as a bigot, a racist, and afascist, and I have said before and clearly indicated on the record."[30]
In the afternoon session of October 29, Judge Hoffman ordered Seale to be bound, gagged, and chained to a chair.[30] According to John Schultz, when the jury was allowed into the courtroom, juror Jean Fritz began weeping, and other jurors "squirmed hard in their seats at the sight."[32]
On three days,[31] Seale appeared in court bound and gagged before the jury,[33] struggling to get free, and at times managing to loudly insist on his right to defend himself.[30] On October 30, in open court, Kunstler declared, "This is no longer a court of order, your Honor; this is a medieval torture chamber."[30] On November 5, the judge declared amistrial for Seale,[29][30] and the Chicago Eight became the Chicago Seven, with Seale's case severed for a later trial that never occurred.[34]
On October 15, when the firstMoratorium to End the War in Vietnam was observed across the country, the defendants attempted to place American and South Vietnamese flags on the defense table, but Judge Hoffman demanded them removed, stating, "Whatever decoration there is the courtroom will be furnished by the government and I think things look alright in this courtroom."[31] On November 15, the second day of the Moratorium to End the War in Vietnam, Abbie Hoffman brought a Viet Cong flag into the courtroom and then wrestled over it with deputy marshal Ronald Dobroski.[35]
Abbie Hoffman[36] and Rennie Davis[37] testified at the trial.[1]: 6 On December 29, when asked about his arrest on August 28 for writing "FUCK" on his forehead, Abbie Hoffman testified, "I put it on for a couple of reasons, one was that I was tired of seeing my picture in the paper and having newsmen come around, and I know if you got that word on your forehead they ain't going to print your picture in the paper. Secondly, it sort of summed up my attitude about the whole thing—what was going on in Chicago."[36] When asked whether he entered into an agreement with Dellinger, Froines, Hayden, Rubin, Weiner or Davis, to come to Chicago for the purpose of encouraging and promoting violence during the Convention week, Abbie Hoffman replied, "We couldn't agree on lunch."[36] When asked by the prosecution about whether it was "a fact that one of the reasons why you came to Chicago was simply to wreck American society", he replied:
The trial lasted for months, with more than 100 witnesses called by the defense, including singersPhil Ochs,Judy Collins,Arlo Guthrie, andCountry Joe McDonald; comedianDick Gregory; writersNorman Mailer andAllen Ginsberg; and activistsTimothy Leary andJesse Jackson.[38][1]: 6
Ochs, who had helped to organize some of the demonstrations, told the court he had acquired the pig, calledPigasus, to nominate as theYippie presidential candidate before being arrested with Rubin and other participants.[39] Judy Collins attempted to sing "Where Have All the Flowers Gone?" during her testimony, before Judge Hoffman forbade it, so Collins recited the lyrics instead.[40] The judge also forbade Ochs from singing"I Ain't Marching Any More," Guthrie from singing "Alice's Restaurant", and McDonald from singing"I-Feel-Like-I'm-Fixin-To-Die-Rag".[41] Ginsberg recited poetry and chants, includingO-o-m-m-m-m-m, while providing testimony about his participation in the demonstrations.[42]
On January 28, 1970,Ramsey Clark, the U.S. Attorney General under PresidentLyndon Johnson during the 1968 Democratic Convention, was barred by the judge from testifying before the jury after Clark testified outside the presence of the jury.[31] Judge Hoffman upheld the prosecution's objections to 14 of Kunstler's 38 questions, but Clark did testify that he had told Foran to investigate through Justice Department lawyers "as is generally done in civil rights cases", rather than through a grand jury.[43]
On February 5, Abbie Hoffman shouted, "Your idea of justice is the only obscenity in this court, Julie", at Judge Hoffman and then yelledshande fur de goyim at him, after Rubin told the judge, "Every kid in the world hates you because they know what you represent. You are synonymous withAdolf Hitler. Adolf Hitler equals Julius Hitler."[44] These insults had followed Judge Hoffman stating that he intended to continue using the revocation of bail in response to the use of "vile epithets" in the courtroom, while the defense attorneys were arguing against the revocation of Dellinger's bail the day before, after Dellinger shouted a "barnyard vulgarity" at a government witness.[44][45]
On February 6, Abbie Hoffman and Rubin wore judicial robes to court,[46] then threw them down and stepped on them.[47]
On February 14, the case went to the jury,[6] and the jury returned its verdict on February 18.[48]
During the proceedings, all of the defendants and nearly all of their attorneys were cited forcontempt of court by Judge Hoffman.
Attorneys Michael Kennedy, Dennis Roberts,Michael Tigar, andGerald Lefcourt assisted the defense with pretrial motions.[30][49] Before the trial began, Judge Hoffman held them all in contempt after they attempted to withdraw from the case, issued bench warrants for their arrest, and had Tigar and Lefcourt jailed.[30][49][26][1]: 5 After two of the warrants were invalidated by the United States District Court in San Francisco, and while the court was being picketed by protesting attorneys, Judge Hoffman permitted the withdrawal of the attorneys from the case.[30]
On November 5, 1969, after declaring a mistrial in the prosecution of Bobby Seale,[29] Judge Hoffman convicted Seale on 16 charges of contempt,[30] and sentenced Seale to three months in prison on each count—a total of four years, which may have been the longest contempt sentence in U.S. history at the time.[50]
On February 14 and 15, 1970, while the jury deliberated on the verdict for the remaining defendants, Judge Hoffman convicted all the defendants—and their attorneys Kunstler and Weinglass—on a total of 159 counts of criminal contempt.[1]: 8 [51][52]The sentences for the defendants and their attorneys were as follows:[53]
Six of the seven defendants remanded to jail received haircuts in the Cook County Jail; John Kifner ofThe New York Times reports that David Dellinger did not, and the others were "shorn of their long hair for what jail officials announced were 'sanitary reasons'", while the lawyers' sentences were stayed until May 4, to allow them to work on the appeal.[54] After the haircuts,Cook County Sheriff Joseph I. Woods showed pictures of the defendants to an audience on February 23, 1970, that Kifner reports consisted of "about 100 laughing and applauding members of the Elk Grove Township Republican organization at a meeting in the suburban Mount Prospect Country Club."[54]
The defendants were released from jail on February 28, 1970.[48]
On February 18, 1970,[48] the jury acquitted all seven defendants of conspiracy and acquitted Froines and Weiner on all charges. The jury found Davis, Dellinger, Hayden, Hoffman, and Rubin guilty of traveling across state lines with intent to incite a riot.[1]: 8
In a separate trial, seven of theindicted police officers were acquitted by the jury, and the case against the eighth indicted police officer was dismissed by the prosecution.[1]: 8
On February 20, 1970, in the sentencing phase of the trial, the defendants made statements,[55] includingDavid Dellinger, who said:
Rennie Davis told Judge Hoffman, "You represent all that is old, ugly, bigoted, and repressive in this country, and I will tell you that the spirit of this defense table will devour your sickness in the next generation."[57]
The statement byTom Hayden included:
The statement ofAbbie Hoffman included a discussion of early American history, and:
Judge Hoffman sentenced each convicted defendant to five years in prison,[1]: 8 as well as a $5,000 fine and costs of prosecution.[55]
AUnited States Court of Appeals for the Seventh Circuit panel composed ofWalter Cummings,Thomas Fairchild, andWilbur Pell heard the appeals related to the criminal convictions and contempt convictions.[1]: 9
On May 11, 1972, the panel dismissed some contempt charges against the lawyers, and reversed all of the other contempt convictions for retrial with a different judge.[1]: 9 [58] JudgeEdward Gignoux presided over the retrial and found Dellinger, Hoffman, Kunstler, and Rubin guilty of some of the charges but did not sentence any of them to jail or fines.[59] TheU.S. Court of Appeals for the Seventh Circuit dismissed four of the contempt convictions against Bobby Seale, remanded the other 12 for retrial before another judge, and the government declined to prosecute the remaining contempt charges.[29][60]
On November 21, 1972, all of the criminal convictions were reversed by the panel. The majority opinion of the court unanimously found several errors by Judge Hoffman and censured Judge Hoffman and the prosecutors for their conduct during the trial.[1]: 9 [61] The court noted, "the demeanor of the judge and the prosecutors would require reversal even if errors did not."[47] Pell wrote a separate opinion concurring with the reversal of the convictions, and finding Title X of theCivil Rights Act of 1968, known as the Anti-Riot Act, to be an unconstitutional infringement of freedom of speech; this was not part of the majority opinion and therefore did not invalidate the statute.[1]: 9 [62] The U.S. Department of Justice announced in January 1973 that it would not retry the defendants.[1]: 9
In February, the Tet Offensive raged in Vietnam, and no less than Walter Cronkite announced that the war was lost. President Lyndon Baines Johnson was quoted as telling aides, 'That's it. If I've lost Cronkite, I've lost Middle America.'
Document Source: "The Strategy of Confrontation: Chicago and the Democratic National Convention – 1968." Report prepared by Raymond F. Simon, corporation counsel, City of Chicago, Sept. 6, 1968, pp. 49–50
Source: Congress, House, Committee on Un-American Activities,Subversive Involvement in Disruption of 1968 Democratic Party National Convention, Part 2, 90th Congress, 2d Session, December 1968 (Washington, DC: US Government Printing Office, 1968).
Document Source:Rights in Conflict. Convention Week in Chicago, August 25–29, 1968. A Report submitted by Daniel Walker, Director of the Chicago Study Team, to the National Commission on the Causes and Prevention of Violence. Introduction by Max Frankel. New York: E.P. Dutton, 1968. pp. 1, 10–11
Krieger also took the time to tell the story of "Peace Frog." While many have taken this eerie recording as a protest song, one specifically about the '68 Chicago Democratic Convention, the lyrics actually pull from a poem Morrison wrote called "Abortion Stories."
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