Magazine Archive, Rolling Stone, August 29, 1974

MAGAZINE ARCHIVE
(Rolling Stone-August 29, 1974)

ROLLING STONE

JOHN'S LEGAL CASE: FEW OPTIONS LEFT
NEW YORK- On July 18th, the Justice Department announced that it had ordered John Lennon to leave the country by September 10th, after the Immigration Service denied Lennon an extension of his non-immigrant visa because of his guilty plea in England to a 1968 marijuana possession charge.
On the same day, a California state senate committee urged decriminalization of marijuana possession in the state, calling it "no threat to public health, safety or morals."
Four days later, the New York Post in an editorial said, "The crime for which John Lennon was convicted in London in 1968 would not even land him in a New York jail."
On that day also, FBI statistics on marijuana arrests in the U.S. were released: 420,700 in 1973, 292,179 in 1972; and Keith Stroup, director of the National Organization for the Reform of Marijuana Laws, estimated that 26,000,000 Americans occasionally smoke marijuana.
The dry statistics and public statements of support - including many from within the show business community - nonetheless left Lennon riding a lonely horse. According to one of his attorneys, Steven Weinberg, his next step is the federal courts. "Unless there are orders by the court to stay that decision, Lennon is going to have to leave the country," Weinberg said. "But wherever there is an administrative decision that you feel is against the weight of evidence, you can always petition the federal courts to review that decision."
A Senate staff member (the Senate immigration and naturalization subcommittee, along with its House counterpart, oversees the Immigration Service) said, "He can try to get the charge appealed or whatever the procedure is in England, or something can be passed through Congress which gives the attorney general the authority to judge whether John Lennon or others can establish permanent residence in a specific case - something that allows these exclusionary provisions to be waived."
Prospects in both of those areas are slim, however, since Lennon has tried before, unsuccessfully, to have the English charge dropped, and since there is no expectation of a special bill getting through Congress.
"I think there should be some revision of the law if small amounts of marijuana are involved," said Rep. Joshua Eilberg (D-Pa.), chairman of the House subcommittee. But he suggested that no action has been taken because "for the past two years we have been totally occupied by the confirmation of the vice-president and the impeachment inquiry." The subcommittees are under their respective houses' judiciary committees.
A Senate subcommittee staff member said, "The reason exclusionary bills have not gotten out of committee in the Senate is because of the objections of the chairman." The chairman, Sen. James O. Eastland (D-Mass.) said, when asked about the Lennon case, "Who? What? I don't know what you are talking about."
The majority of staffers contacted believe that their employers (the committee members) oppose any change in the laws affecting drug offenders who seek resident status, although those same committee members would never say so publicly.
Whether any legal prospect is open to Lennon, though, is questionable. Two Senate staff members spoke of the Byzantine workings of the Washington mind. "Lennon has got enough money to keep appealing this thing forever," one said, "and that's what they'll let him do." The other: "If he'd just hire Edward Bennett Williams then he could do whatever he wants."
COMMENTS: LET HIM BE
RINGO STARR:
"Don't you think it's time to end all this silliness and give John his visa? Because he's one of the greatest of our time and your time. America should be proud that John wants to live here."
LOU ADLER:
"History will reflect on the life of the incredibly talented John Lennon. His contributions will be remembered, and felt, long after the rule and rule makers that cause us to defend his right to choose where he wished to live and create, will have disappeared and been forgotten."
DAVID GEFFEN:
"I think it's so moronic. He's certainly not undesirable. To me, it makes no sense; it's sad and tragic. The political system in America is in such complete disarray, this is just another kind of ridiculousness. Lennon is certainly more desirable than Nixon."
RICHARD PERRY:
"The times are strange indeed when an antiquated law can force a man to leave this country, particularly when that man has contributed so vitally to our culture. It is to our credit that John Lennon has chosen to live in this country. Most important, he's one of the few people who really understands and loves the essence of rock and roll."
CLIVE DAVIS:
"This country was founded by free-thinking great minds, but the breed is a diminishing one. We should be thankful that Lennon wants to make these shores his home. Since his spirit will always live with us, it's really pointless to banish its physical manifestation."
ART GARFUNKEL:
"If John Lennon is deported, I'm leaving too...with my musicians..and my marijuana."
YOKO ONO:
"I'm very saddened by the news. John's lawyer is now preparing to appeal to a higher court and I hope that will work. John is a very fine person as well as a very talented musician and a songwriter. His music has given joy to many people in this country. I still believe in the American justice and hope that he will be allowed to stay in the country he loves so much. We should pray and think positively. I personally think John should buy a house here with an anchor."
END OF ARTICLE
(IK! Editor's Note: As we all know, Yoko's belief in the American justice system did not go unrewarded, even though the reward was long in coming. The events leading up to John receiving his permanent residency status in July of 1975 are as follows:
August 31, 1974: John claims in the US federal court that the Nixon Administration tried to have him deported because they believed he was one of the organizers of an anti-war demonstration that was to be held at the Republican Convention in Miami in 1972.
September, 1974: The Board of Immigration Appeals orders John to leave the USA voluntarily by September 8 or be deported. He enters another appeal.
December, 1974: Rolling Stone magazine reveals details of the illegal conspiracy to deport John from the US.
January 2, 1975: US District Court Judge Richard Owen rules in favor of John and his lawyers, permitting them access to the immigration files under certain conditions.
June, 1975: John files suit in Manhattan federal court against former Attorney General John Mitchell, former Attorney General Richard Kleindienst and other government officials of INS charging that the depportation actions directed against him are improper.
September, 1975: The Immigration and Naturalization Service grants John a temporary non-priority status because of Yoko's pregnancy.
October 7, 1975: The US Court of Appeals overturns the order to deport John. John's battle with the immigration authorities is over. The Court of Appeals rules that the British law under which John has been convicted is unjust by U.S. standards, and that therefore, he has been denied due process.
July 27, 1976: John's application to remain in the United States as a permanent resident is formally approved at a special hearing before immigration Judge Ira Fieldsteel, when he is given his long fought-for "green card." John's comment after hearing of the good news: "...the same as everyone else" he planned to devote himself to "wife, kids and a job.")
RECOMMENDED READING:
"Come Together: John Lennon In His Time" by Jon Wiener. Published by Random House.
"John Lennon: One Day At A Time" by Anthony Fawcett from which the countdown to John's permanent residency chronology was taken for this Magazine Archive article.

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