United States v. Philip Berrigan, in No. 72-1938, and Elizabeth McAlister Appeal of Elizabeth McAlister In

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Father Philip Berrigan and Sister Elizabeth McAlister appeal from judgments of conviction on seven counts of violating 18 U.S.C. § 1791,1 as augmented by 28 C.F.R. § 6.1,2 for sending seven letters into and out of Lewisburg Federal Penitentiary “without the knowledge and consent of the warden.” (Counts IV-X.) 3

Appellants were originally indicted, along with six others, for conspiracy to kidnap Presidential Advisor Henry Kissinger, to destroy the underground heating system in Washington, D. C., and to unlawfully interfere with the Selective Service…