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Quiet, thin, dressed in a conservative pinstriped suit, Kurt Groenewold hardly looks the part of a firebrand lawyer who would conspire with West German terrorists to bring down the state. But Groenewold is now on trial himself in a Hamburg courtroom for "supporting a criminal organization" and furthering the plots of the notorious Baader-Meinhof gang, which has wreaked havoc in West Germany for a decade. As Groenewold nervously shuffles papers, his own lawyer politely debates procedural points with the prosecutors. No one shouts obscenities; the tone is orderly and low-key, punctuated only by an occasional muffled cheer from...

Author: /time Magazine | Title: Law: Lawyers | 4/24/1978 | See Source »

Despite the subdued atmosphere of the State High Court, the stakes at the trial are high. If Groenewold is acquitted, the German effort to keep radical lawyers from helping their terrorist clients commit crimes will have suffered a serious blow. If Groenewold is convicted, the right of the accused to full representation by an attorney could be dangerously undermined. To anxious observers, it comes down to a difficult test case of Germany's precarious balance between the rights of the individual and the security of the state-an issue with echoes far beyond Germany...

Author: /time Magazine | Title: Law: Lawyers | 4/24/1978 | See Source »

Three years ago, Groenewold, now 40, and two other radical lawyers, Klaus Croissant, 48, and Hans-Christian Ströbele, 38, were expelled by the court from the trial of the four "hardcore" Baader-Meinhof leaders on the "urgent suspicion" that they had collaborated with their clients to frustrate justice and commit further criminal acts. They were charged with creating an "information system" among the imprisoned terrorists and their adherents on the outside, and with coordinating a prison hunger strike. The information they were said to have passed to their jailed clients included treatises on guerrilla warfare, instructions on weapons...

Author: /time Magazine | Title: Law: Lawyers | 4/24/1978 | See Source »

This winter the government put Groenewold and Croissant on trial for their defense tactics. Strobele may also face prosecution, along with a dozen other radical lawyers, on various charges. Croissant's trial, in the Stuttgart court where the Baader gang leaders were convicted last spring, is likely to be less restrained than Groenewold's. Croissant is more given to outbursts than his colleague, and his lawyers delayed the trial soon after it began by refusing to unzip their trousers so that guards could inspect their underwear for weapons. The Federal Constitutional Court ruled early this month that...

Author: /time Magazine | Title: Law: Lawyers | 4/24/1978 | See Source »

Still, in Groenewold's case the government appears hard put to prove that he did anything more than maintain the fighting spirit of his clients. Many liberal intellectuals and moderates in Germany agree. They see a great risk that by overkill, antiterrorist laws will jeopardize civil rights. For years, West Germany's post-Nazi constitution and subsequent legislation gave defendants and their lawyers some of the most liberal guarantees anywhere in the world. "It was a wonderful position for the defense counsel," says Heinz Brangsch, executive director of the West German Lawyers Association. "Then came terrorism...

Author: /time Magazine | Title: Law: Lawyers | 4/24/1978 | See Source »

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