United States v. John K. Briggs, Robert Wayne Beverly and John C. Chambers

GODBOLD, Circuit Judge:

Appellants were named as “unindicted conspirators” in an indictment by a federal grand jury charging a highly publicized conspiracy. In this case they challenge the power of the grand jury to charge them with criminal conduct in this manner without indicting them. We conclude that the grand jury exceeded its power and authority and that its action was a denial of due process to appellants.

I. The facts.

Following political demonstrations and disruptions at the Republican Party National Convention at Miami, Florida, on August 21 — 24, 1972, a federal grand jury sitting in…