dissenting:
Dr. Giese’s conviction for conspiracy must be reversed because it was obtained by patently inadmissible evidence of the contents of the book “From the Movement Toward Revolution”, which the prosecutor forced Giese to read to the jury after defense counsel’s objection to the admission of the book had been overruled. The prosecutor used the contents of the book to convince the jury that the ideas expressed in the book were Giese’s own and that he acted on those ideas to form a conspiracy to blow up recruiting centers. Giese was thus convicted of conspiracy by book association in egregious violation of the guarantees of the First Amendment.
The majority holds that Giese cannot complain about the errors because (1) he failed to preserve the point during the Government’s case-in-chief, (2) he invited the errors by testifying to his peaceable character, thus opening the door to impeaching him by proving that he read a book advocating revolution, (3) he invited the errors by introducing samples of books that he carried in his bookstore, thus opening the door to evidence that he read this particular book, and (4) no plain error occurred either in admitting the book’s contents or in asking the jury to convict Giese for conspiracy based on the ideas expressed in the book.
*1202The record flatly contradicts the majority’s waiver and invited error theories. The Government did not use the contents of the book for impeachment, and it never attempted to defend the admission of the book on that ground. Even if Giese’s lawyer had not adequately protected the trial record, plain error requires reversal because neither the use of the book to prove the substantive elements of the offenses with which Giese was charged nor the use of the book for impeachment was permissible under the First Amendment.
The majority’s opinion is irreconcilable with this court’s decision in United States v. McCrea (9th Cir. 1978) 583 F.2d 1083.
Finally, the prosecutor’s argument to the jury contained numerous instances of prosecutorial misconduct which, under the circumstances of this case, would independently require reversal.
I
The Government’s case against Giese rested almost entirely upon the credibility of the testimony of MeSherry and Meyer. Both men had unsavory records and, as the Government correctly anticipated, both witnesses were seriously impeached during the trial. MeSherry, a principal figure in the conspiracy, had pleaded guilty to the bombing and bank robbery charges, and he agreed to testify against Giese in exchange for a sentencing recommendation. Meyer had a criminal record and a long history of mental illness and emotional instability. The Government did not succeed in persuading the jury that Giese was involved in the substantive offenses, and the jury acquitted him of those charges. In an effort to bolster the credibility of MeSherry and Meyer, the Government, from the outset of the trial, relied upon the contents of books and pamphlets, found in the possession of some of the alleged co-conspirators, to convince the jury that the conspiracy and the substantive offenses were planned by the defendants in accordance with the ideas presented in the books and pamphlets.
To understand the evidentiary and constitutional problems presented in this case, it is necessary to describe in more than usual detail the course of the trial and to quote sometimes extensively from the record.
During pretrial proceedings, the Government produced many different books and pamphlets in response to a court order to produce for defense inspection “all physical evidence the Government expects to offer at the time of trial.” Among the items produced were a number of books and pamphlets seized during the search of an apartment occupied by McKeel, Severin, and Wallace. The 27 items seized during that search were all marked as “C — ” series exhibits. One of the items was “From The Movement Toward Revolution” (hereafter “Revolution”). The book was marked Government’s Exhibit C — 49, and a chart of latent fingerprints recovered from C-49 was marked C-49-A.1
In his opening statement to the jury, the prosecutor explained how the Government intended to prove its case. He told the jury that a large quantity of evidence had been discovered in the searches of the various residences of the defendants. That evidence included “guns, ammunition and blasting caps . . . recovered in the residence lived in by or used by Mr. Akers in Seattle, Washington. It includes books, literature and paraphernalia or pamphlets which relate to the use and manufacture of explosives and explosive devices and the use and acquisition of firearms.” He said that the Government intended to rely upon fingerprints found on some of these books and upon the contents of others. He described one of the books entitled “The Blaster’s Handbook” as one of the “more significant pieces of evidence in this case. It is the ABC’s of bombing, the how-to-do it, how to *1203use explosive devices, that book was examined by a laboratory expert of the FBI from Washington, D. C., and interspersed with the pages of that book were the fingerprints of the defendants Wallace, Cronin and Akers.”
An integral part of the Government’s case-in-chief was the introduction of books and pamphlets. Although many of the books were identified only by title, the contents of some of them were discussed. The Government’s lead-off witness was McSherry, who was asked to identify a series of books and pamphlets and to describe generally the nature of their subject matter. McSherry identified “Special Forces Handbook,” which he said dealt with “explosive devices, mines, and different kinds of explosives and how to detonate them.” After identifying several other books, the prosecutor handed “Revolution” to him and said: “What about C^9?” McSherry replied: “C-49 belonged to Max Severin, and it’s entitled ‘From The Movement Toward Revolution,’ and it was written by an acquaintance of Severin’s, Bruce Franklin.” He concluded his round of identification testimony with “The Anarchist’s Cookbook,” which he said was “part of the group’s library.”
The Government pursued its book theme with the presentation of Meyer’s testimony. Meyer first met Giese when Meyer was an inmate of the Oregon State Correctional Institute. Giese volunteered his services for lectures and for conducting discussion groups in the institute. Meyer testified that Giese volunteered to send prisoners liberal and radical literature. He said that Giese conducted a discussion group at the prison and that he “advocate[d] George Jackson’s book, Blood in My Eye,” which Meyer said, over objection, dealt with “urban warfare in American cities.” Meyer testified that he requested and that he later received literature from the Prison Support Group, an organization that was sponsored by the R.E.P. Bookstore, owned by Giese. When the prosecutor showed him a copy of “Revolution,” Meyer identified the book as one of those that he had seen in various houses occupied by the alleged conspirators.
Although the prosecuting attorney emphasized the contents of such books as “The Blaster’s Handbook,” and “The Anarchist’s Cookbook,” nothing was said about the contents of “Revolution” during the Government’s case-in-chief. As Judge Trask correctly observes, “Revolution” was used as a “physical object,” for the purpose of introducing fingerprints found on the book. The Government was unable to show that Giese had any connection with the other books it had offered in evidence.
As part of its case-in-ehief, the Government called Mr. Ranels, an FBI identification specialist from Washington, D.C. He testified that he had recovered latent fingerprints on several of the books and pamphlets that the Government had introduced. Latent fingerprints were found on “The Blaster’s Handbook,” “Socialism and Man,” “Socialist Revolution,” and others. Many unidentified fingerprints were found on these books, but he was able to identify fingerprints of Cronin, Akers, McKeel, Wallace, and Severin on some of them. Giese’s fingerprints were discovered on “Revolution.”
Of the many prints found on “Revolution,” Mr. Ranels was able to identify the fingerprints of Giese, McKeel, Wallace, and Severin, appearing on pages 166, 167, and 168. After ascertaining from Mr. Ranels, by examination in aid of an objection, that the recovered prints on “Revolution” could have been up to seven years old, Giese’s lawyer objected to the receipt of the fingerprint evidence on the ground that no proper foundation had been laid and on the further ground that the evidence was irrelevant to any issue in the ease. The court overruled the objections.
As part of its case-in-chief, the Government also produced testimony from Meyer that Giese recommended radical books advocating violence during his lectures at the Oregon Correctional Institute. Both McSherry and Meyer testified to Giese’s association with the alleged co-conspirators, not only in the Institute, but also in his R.E.P. Bookstore. A number of ex-con*1204victs, including some of the co-conspirators in this case, had worked as volunteers in the bookstore and some of them had also worked in a paint company formed by the ex-convicts for their support.
When Giese took the stand in his own behalf, he described his educational, personal, and political background. He told the jury about his participation in civil rights demonstrations and demonstrations against the Vietnam war. In an effort to rebut implications that his bookstore carried how-to-do it books and pamphlets about manufacturing bombs and explosives, his lawyer asked him: “Doctor, we have in the exhibits . a number of books and pamphlets introduced into evidence and I want to run through a list of these exhibits with you and ask you whether you sold these items from your bookstore?” Giese was then queried about the series of the books and pamphlets that the Government had introduced into evidence. These included “The Underground Bombing Manual,” “Firearms and Self-Defense,” “Department of Army Manual, Electronic Blasting Equipment,” “Technical Training and Tips: Mine Warfare,” “Revolution,” “Communist Guerilla Warfare in the U.S.A.,” “The Paper Trip,” “The Anarchist’s Cookbook,” “Protect Yourself from Investigation.” In each instance Giese denied that the book was carried or sold in his bookstore. During this line of interrogation, he denied that the bookstore carried or sold “Revolution.” 2
Thereafter Giese’s lawyer asked him whether he had brought “a representative sample of the types of books that [he did] carry in the bookstore.” In response, Giese identified 18 books. He said that he hadn’t “necessarily read all of these books.” The 18 books included the following: Cleaver, “Soul on Ice;” Horn, “Away with All Pests;” “An English Surgeon in Peoples’ China 1954-1969;” Jallee, “Pillage of The Third World;” Frank, “Capitalism and Underdevelopment in Latin America;” Jackson, “Soledad Brother;” Neihardt, “Black Elk Speaks;” Greene, “Vietnam;” Engels, “Dialectics of Nature;” Giese, “French Lyric Poetry;” Morgan, “Sisterhood is Powerful;” Club of Rome, “Limits to Growth;” together with a series of anthologies on political and economic topics.
Giese next described his initial meeting with Meyer, with whom he had become acquainted when Meyer wrote to him asking for some books. He related his invitation by Father Stipe to undertake volunteer work in the institute. Thereafter, he gave a narrative account of his participation in discussion groups within the prison facility. He expressly denied that he had ever preached revolution, bombing or the use of violence in any of those meetings. Thereafter, he described the ways in which he became acquainted with the other alleged co-conspirators, and he expressly denied any connection with the alleged conspiracies or the substantive offenses.
On cross-examination, the prosecutor questioned Giese at length about his bookstore and about his association with the various persons who were the alleged members of the conspiracy. The prosecutor then commenced his examination of Giese about “Revolution.” After identifying the book, the following exchanges occurred:
“Q. And have you read the book?
A. I have read snatches of it.
Q. [Y]ou heard Mr. Ranels’ testimony that some nine of your fingerprints appeared on various pages of this particular book?
A. Yes.
Q. Did you ever give this book or one like it to . . . either of the people on trial or Mr. Cronin, Wallace or Akers, Leslie McKeel, Max Severin, Robert McSherry, Lynn Bruce Meyer?
A. I don’t believe so.
*1205Q. Now, would you turn ... to the introduction of the book, the Preface?
A. Okay. VIII.
Q. I would like to ask you to read . . . XIII.
Q. Thank you.
A. It’s XIII.
Mr. Paulson: Objection. It’s hearsay and to my knowledge, he has not been charged with having read books but with acts in this case of—
The Court: Overruled.
Q. Directing your attention, Mr. Giese, ... to XIII. Can you read for us that paragraph ‘We are all involved in the early stages’ — do you see that?
Q. Could you read that particular paragraph for us and continue on?
A. ‘We are sorry to’—
Mr. Turner: Mr. Giese, there is an objection.
The Court: Wait a minute.
Mr. Paulson: May I have an objection?
The Court: You may have a continuing objection. Please proceed.
A. You want me to read it aloud? ‘We are sorry to hear that the townhouse forever destroyed your belief that army struggle is the only real struggle. That places us in a unique position because, as Che stated, “armed struggle is the only solution for people who fight to free themselves” and we have lost dearly-loved comrades.’
Do you want me to go on?
Q. Yes, sir.
A. ‘Also probably every experienced revolutionary has, but we realize that risks must be taken, some will die, others will replace them or us.’
Q. Will you continue to the end of the paragraph.
A. I am trying to make sense out of that sentence. All right. ‘Others will replace them or us like people rapping about ending racism, colonialism, sexism and all of the other pigisms, exploitation and all that but these things can only be ended by revolution and revolution is in the final analysis armed struggle, revolution is violence, revolution is war, revolution is bloodshed. How long have different successful national liberation fronts fought before they have won large popular support.’ ”
In the prosecutor’s argument to the jury, he took each of the books, upon which one or more of the alleged co-conspirators’ fingerprints had been found, and asked the jury to infer that the defendants whose fingerprints appeared on the books had become members of the conspiracy and had participated in the substantive charges because they were acting out the ideas that they had read in the books.
The prosecutor began by references to “The Blaster’s Handbook.” He said to the jury:
“Regarding Mr. Cronin, we have the famous Blaster’s Handbook that you have heard so much about. This is the how-to-do it in explosives and if you ladies and gentlemen have an opportunity to look at this while you are deliberating, that tells you anything and everything you want to know and probably don’t want to know about explosives.
“The fingerprints that are on this book . were Leslie McKeel’s, Chester Vincent Wallace, Jim Akers, and Jim Cronin. Not Bob McSherry, by the way. Those four people. .
“. . . On page 104, which shows a picture of blasting caps, are the prints of Jim Akers and Jim Cronin. Now, is that an unusual circumstance, is that just a coincidence that those two fingerprints would be on the same page, which page would deal with blasting caps, which were used in all of the bombings.
“How about page 467. This deals with the destruction of structural steel, railroad ties, buildings, bridges; coincidentally that his fingerprints are on those? . Now, you don’t get a fingerprint in that *1206position unless you are reading that book. You don’t get your fingerprints up there, leafing through it, in that position. The only way you do that is to read it.”
A similar line of argument was used in connection with other defendants in respect of the “Special Forces Handbook,” “The Anarchist’s Handbook,” and the “Firearm and Defense Manual.”
The prosecutor then directed the jury’s attention to “Revolution.” He told the jury:
“In California as regards Mr. Giese, we have From the Movement Toward Revolution, Mr. Giese has fingerprints on this particular book. He told you that he had one of these books himself, possibly, at home. He could not recall how or if at all his fingerprints got on this particular book which came out of the Debra Sue Apartments in California.
“This is an architectural manual, basically, of urban warfare. Between this book and this book, you have the makings for any sort of urban warfare that you would like to participate in.
“This is basically a conspiracy action, and I would like to just very briefly take excerpts from pages which contain Mr. Giese’s fingerprints. ‘A revolutionist sees death as a national phenomenon, must be ready to kill to change conditions. Revolution is armed struggle, violence, war, bloodshed and the duty of a revolutionary is to make revolution.
“ ‘Let’s all try to pick targets with more care and planning. The object is to de- ■ stroy the economy like bombing sites which will affect the economy the most, rip off weapons and money, sniping attacks. Remember, in a revolution, one wins or dies. The stakes are very high.
“ ‘Do you recall the old words, “Ask what you can do for your country,” destroy it, mentally, morally, psychologically and physically destroy it. And whatever you do do it good.’
“Now those are just two pages from this book but these are two pages which contain the fingerprints of Frank Giese. If you have an opportunity, you may want to leaf through the rest of the book, because, as I indicated, this tells you— this is another how to do it for urban warfare.” (R.T. 2050-51.)
U
“Did we make up Frank Giese’s fingerprints on the book From the Movement Toward Revolution? . . . You read those pages where Frank Giese’s fingerprints were. You read those pages. It talks about bombing, sniper attacks. You read that book. You read other pages throughout there. Look at Page 51, for instance, look at the preface. Throughout that book are references to the very thing that these people did.” (R.T. 2172.)
II
No waiver of any objections to the introduction of the contents of “Revolution” can be found from the proceedings during the Government’s case-in-chief. As Judge Trask acknowledges, the book and the fingerprint chart were purportedly offered only for the purpose of proving association by fingerprints. Giese’s lawyer promptly objected on grounds of relevance and lack of proper foundation. The objections should have been sustained, and if the correct ruling had been made, our problems with “Revolution” would have been over.3
The fingerprint evidence did not prove that the persons whose prints appeared had been associated with each other. The evi*1207dence only proved that the persons who handled the book had been associated with the book. No inference arises that the persons who handled the book were even casually acquainted in absence of proof that the fingerprints were made at or about the same time. The evidence was to the contrary. The Government’s fingerprint expert testified that he could not ascertain when the prints were made. He said that latent prints had been recovered that were seven years old. Thus, the prints on “Revolution” could have been made at any time after the book was published in 1971. There was no evidence from which an inference could arise that the persons whose prints appeared handled the book in the company of one another. The proof of book association was not relevant to any issue in the case.
Ill
The first time that the prosecutor made any reference to the contents of “Revolution” was in his cross-examination of Giese. As the quotations from the record reveal, the prosecutor asked Giese to read passages from the book. Giese’s lawyer promptly objected. Before his objection was complete, the district court interrupted with an adverse ruling. When he attempted to renew the objection, the district court granted him a continuing objection to the use of the contents of the book. Although the objection was incomplete, the objection together with the prior objection to the fingerprint evidence was more than adequate to preserve the claim of error for appeal.
The majority's view that the error in the admission of the evidence vanished is based on Judge Trask’s novel theory of admissibility: Although the Government did not purport to justify the admission of the book on the grounds of impeachment, any error in the admission of the book was harmless because the contents of the book were admissible to impeach his character evidence and to impeach his veracity as a witness. Judge Trask’s rationale is contradicted by the record and forbidden by the First Amendment of the Constitution.
The majority cannot escape the prosecutor’s argument to the jury based upon the contents of the book “Revolution.” The prosecutor used the contents of this book in the same way in which he used the contents of books describing the manufacture of explosives and explosive devices: namely, to convince the jury that it should attribute the ideas in the book to the defendants, who thereafter acted upon them to form the conspiracy and to engage in the substantive offenses. This was the very purpose that the prosecutor had announced in his opening statement. The prosecutor had been unable to produce any evidence of any kind that linked Giese with these so-called do-it-yourself manuals. He therefore concentrated his attention on “Revolution,” which Giese admitted that he had read. The Government has never argued that the book was admissible for impeachment purposes. Rather, its argument before us, consistent with its argument in the trial court, was that “Revolution” was admissible to prove that Giese adopted the ideas of the book and, acting on those ideas, joined a conspiracy to bomb recruiting centers.
The contents of the book could not have been used to impeach Giese, even if the Government had made that attempt. The contents of the books that a person reads cannot be used as evidence of his peaceable or non-peaceable character. No inference of any kind can be drawn about a person’s character from the kinds of books that he reads. We have no basis in human experience to assume that persons of “good” character confine their reading matter to “good” books, or that persons who read peaceful books are peaceful people, or that persons who read books involving violence are violent people.
The second prong of Judge Trask’s impeachment rationale is that proof that Giese read “Revolution” contradicted his testimony about the kinds of books he read. The contents of the book were admissible to impeach Giese’s veracity by showing “the sharp contrast between the kinds of books Giese said he read and the kinds he actually read.” (Judge Trask’s Opinion, n.30.) *1208Giese never testified about the kind of books he read. Giese’s sole reference to his reading habits was a passing reference to the fact that he read some foreign magazines and newspapers, the contents of which were not in evidence. Thus, there was no evidence on this score to contradict.
Giese did introduce 18 books and pamphlets that he described as representative samples of the literature he carried in his bookstore. He testified that “Revolution” was never carried in his bookstore. The Government introduced no evidence to show that, contrary to his testimony, the books that he introduced were not representative samples of the books he carried in his bookstore. It offered no evidence that the book “Revolution” was carried in his bookstore.4
If the contents of “Revolution” had been properly admitted into evidence, Giese could not have successfully claimed error in being forced to read from the book. It would rest entirely within the district court’s discretion whether compelled book reading was appropriate. However, the contents of the book were not admissible for any purpose in this case and the compulsory reading from the book made the error even more egregious. The prosecutor’s transparent purpose in requiring Giese to read the inflammatory passages of the book was to convey to the jury that the words of the author were the words of Giese. The prosecutor fully exploited that strategy in his argument to the jury.
Judge Trask says that “Even if the act of reading did hurt Giese’s cause to some extent, the probative value of enabling the jury to observe his demeanor while he was being impeached outweighed the prejudicial effect. The ‘requested performance’ was clearly relevant to an important issue in the case: Giese’s credibility. It is axiomatic that jurors are entitled to see how the witness reacts when the cross-examiner captures him in a contradiction or exposes one of his falsehoods. ‘The demeanor of the witness on the stand may always be considered by the jury in their estimation of his credibility.’ IIIA Wigmore on Evidence § 946, p. 783 (Chadbourn Rev.1974) (emphasis in original)." (Judge Trask’s Opinion, supra, at 1193.) Professor Wigmore would have been astonished to discover that he supported a view that any inferences whatever could be drawn about a witness’ veracity from the manner in which a witness read out loud from a book. Not only does Judge Trask say that a person’s character and his veracity can be impeached by the books he reads, but even by the manner in which he reads them.
IV
Even if Giese had not protected his record by appropriate objections to the fingerprints, the book itself, and the contents of the book, the use of the book as evidence of Giese’s complicity in the conspiracy or for impeachment was plain error because that use infringed Dr. Giese’s rights protected by the First Amendment. The author’s writing of the book and Giese’s reading of the book are constitutionally protected. The freedom to write books and to read books, to advocate ideas and to listen to ideas are fundamental constitutional rights that may neither be denied or abridged. Free speech is the “ ‘matrix, the indispensable condition, of nearly every other form of freedom.’ Palko v. Connecticut, 302 U.S. 319, 327, 58 S.Ct. 149, 82 L.Ed. 288.” (Curtis Publishing Co. v. Butts (1967) 388 U.S. 130, 145, 87 S.Ct. 1975, 1986, 18 L.Ed.2d 1094.) “This right to receive information and ideas, regardless of their social worth, see Winters v. New York, 333 U.S. 507, 510, 68 S.Ct. 665, 667, 92 L.Ed. 840 (1948), is fundamental to our free society.” (Stanley v. Georgia (1969) 394 U.S. 557, 564, 89 S.Ct. 1243, 1247, 22 L.Ed.2d 542.)
*1209Neither the theory of relevance that the Government argued nor that proposed by my Brother Trask can withstand First Amendment scrutiny. The Government’s theory, which it argued to the jury, was that the ideas of an author of a book may properly be attributed to the reader of the book and then used against him to prove disposition to commit a crime, motive to undertake criminal action, or proof that he did the acts charged. None of these uses is constitutionally permissible. Freedom of speech would be totally destroyed if the shadow of the prosecutor fell across the pages of the books we read. Even during the evil thralldom of McCarthyism, we did not embrace the concept of guilt by book association.
To be sure, as Mr. Justice Holmes observed: “Every idea is an incitement. It offers itself for belief and if believed, is is acted on unless some other belief outweighs it or some failure of energy stifles the movement at its birth. The only difference between the expression of an opinion and an incitement in the narrower sense is the speaker’s enthusiasm for the result. Eloquence may set fire to reason. ... If in the long run the beliefs expressed in proletarian dictatorship are designed to be accepted by the dominant forces of the community, the only meaning of free speech is that they should be given their chance and have their way.” (Mr. Justice Holmes, with whom Mr. Justice Brandéis concurred, dissenting in Gitlow v. New York (1925) 268 U.S. 652, 672, 673, 45 S.Ct. 625, 632, 69 L.Ed. 1138.)5
The admission and use of “Revolution” is no more constitutionally acceptable if it had been used for impeachment. No inferences can constitutionally be drawn about the character of book readers on the basis of the books they read. Abstract advocacy of violence is constitutionally protected. (Brandenburg v. Ohio (1969) 395 U.S. 444, 447-48, 89 S.Ct. 1827, 23 L.Ed.2d 430.) The corollary of the right to utter or to print advocacy of violence is the right to listen or to read violent exhortations. The use of book reading, including the reading of violent books, to impeach a person’s character is utterly incompatible with constitutional protections afforded free speech.6
V
The majority opinion is in conflict with United States v. McCrea (9th Cir. 1978) 583 F.2d 1083. In McCrea, the defendant was convicted for possession of an unregistered destructive device in violation of 26 U.S.C. § 5861(d). One of his contentions on appeal was that the court erred in admitting into evidence two books entitled “Improvised Munitions Handbook” and “OSS Sabotage & Demolition Manual.” The court held that the evidence was improperly admitted because the “titles alone would have the tendency to prejudice the defendant.” (583 F.2d at 1086.) We held that the error was harmless, however, because the evidence *1210against McCrea was overwhelming and the prosecutor “made no mention of those books in his opening statement to the jury, nor did he attempt to capitalize on them during the trial itself.” McCrea did not contend that the prosecutor “referred to the inflammatory literature in any way during any portion of the proceedings,” and, therefore, the panel did not need to augment the record to include the closing statements of counsel. (583 F.2d at 1086 n.3.)
There are distinctions between McCrea and Giese, but those distinctions reinforce the prejudicial nature of the error in Giese’s case. In both eases, the Government used books for the purpose of showing motive or disposition to commit the crimes charged. Unlike McCrea, the case against Giese was tenuous, the prosecutor emphasized “Revolution” during his interrogation of Giese, and he thoroughly capitalized on the contents of the book during his summation to the jury.
VI
The district court erred in admitting testimony about Giese’s participation in political discussions and his recommendation of certain books. This evidence was admitted, over objection, during the Government’s case-in-chief. The intended impact of this testimony was to place before the jury Giese’s unpopular political views and his interest in unpopular literature expressing those views. The testimony had no relevance to any issue in the case. Giese had not been indicted for his politics or for his literary tastes, and he should not have been put on trial for either.
Judge Trask says that Meyer’s testimony was relevant “because it provided the jury with information about his relationship with many of the people who subsequently became his co-conspirators. Like the fingerprints on ‘From The Movement Toward Revolution,’ Myere’s testimony shed light on the conspirators’ association with each other. It also tended to show that Giese exercised a leadership role vis-a-vis the other conspirators. By conducting discussions on a topic of mutual interest — radical politics — and by furnishing or recommending books on that subject, Giese attracted Meyer (and perhaps his fellow-prisoners Severin and Wallace) to the group at the bookstore which eventually formed the conspiracy.” (Judge Trask’s Opinion, supra, at 1194-1195.)
I cannot understand how Giese’s statement to the prisoners had anything to do with proof that Giese was acquainted with Meyer or any of the other alleged co-conspirators. The unarticulated premise of Judge Trask’s discussion appears to be that persons who discuss radical politics are predisposed to form conspiracies. That inference is constitutionally impermissible. (E. g., Brandenburg v. Ohio, supra, 395 U.S. 444, 89 S.Ct. 1827, 23 L.Ed.2d 430; Noto v. United States (1961) 367 U.S. 290, 81 S.Ct. 1517, 6 L.Ed.2d 836.)
VII
Prosecutorial misconduct in argument was extensive in this case. The prosecutor vouched for the Government’s witnesses, commented on Giese’s failure to produce certain evidence, injected his personal belief in Giese’s guilt, suggested that a co-defendant’s confession, inadmissible as to Giese, corroborated other evidence against Giese. Although defense counsel did not properly protect the record by appropriate objections or motions, the errors were sufficiently pernicious to fall within the purview of the plain error doctrine.7
*1211To counter attacks upon the credibility of McSherry and Meyer, the prosecutor attempted to cloak those witnesses with the credibility attached to the Government.8 For instance, the prosecutor told the jury, “. . . Now, there is one other way that they [McSherry and Meyer] could have both said the same things, as they did, and that would be if the Government manufactured the evidence or if the Government put them on and perjured themselves. That is another fact you ladies and gentlemen must consider.
“Did the Government do that? Do you believe that people who have presented this case to you for the last two weeks, would manufacture or present evidence which was perjured? . . . ”
In rebuttal, the prosecutor commented at length on the evidence, and added:
“ . . . Now, the reason for the attacks upon the Government is an old ploy and the ploy is, when you are faced with a strong case, you attack the Government; you attack the U. S. Attorney’s office; you attack the FBI; you attack the Government’s witnesses; you attack its motives but you never let the jury try the case against the defendants. . And that is precisely what happened in the course of this trial.
“Now, I appreciate Mr. Bay’s statement that if there is any fabrication, falsehood, perjury and bribery in this case, it rests at the Government’s counsel table because we failed to face that face-on. And it’s true, if such a thing occurred, the blame falls on the people at the counsel table and the person standing before you right now.
“We are charged, as I mentioned before, with the responsibility for this case and to handle it and all related cases. From its inception I have handled them— let’s not misunderstand, while I might not be the world’s best attorney and while I don’t know my Roman numerals . I certainly know the facts in this case, .
“Members of the jury, you are going to have to decide, after having observed us for two weeks, whether or not we would be willing to bribe a witness and to be a party to perjury by Mrs. Rosen, McSherry and Meyer.
“Let’s consider this, if we were really out to fix the case, don’t you think we could have done it up better? . [He restated the motives of McSherry to tell the truth and the corroborative evidence, asking as to each, “Did we make it up?”].”
The prosecutor repeatedly commented upon Giese’s failure to produce evidence.9 For example, defense counsel had suggested that Meyer was not credible because he was emotionally unstable, had had mental breakdowns, and had a long criminal record. The prosecutor said, “The defense did not present one psychiatrist nor one psychologist, however, who sat before you and said Lynn Bruce Meyer is suffering from this mental illness and . . . cannot tell the truth, nor ... can he remember what occurred.”
Meyer had written many letters to Mrs. Rosen during his incarceration before trial and evidence was introduced to show that almost all of the letters had been destroyed *1212at Meyer’s request. Defense counsel had tried to imply that the letters were a vehicle for rigging testimony and that they were destroyed in an attempt to conceal exculpatory matter from the defense. Mrs. Rosen admitted that she had two letters with her written by Meyer. The defense asked to see the letters and have them marked as exhibits. The defense did not offer them into evidence. The prosecutor argued: “Were they ever introduced? Were they ever introduced? They had two letters written by Meyer to Mrs. Rosen during the time in question. Now, why weren’t they introduced? Was it because there was information in the letters which was favorable to Meyer or prejudicial to the defendants or perhaps both? You can speculate on that. It’s another red herring to divert your attention . . . .” Giese’s objection to the invitation to speculate was overruled.
The prosecutor repeatedly referred to Giese’s ownership of a .38 revolver, allegedly used during the Foster Road bombing, and asked the jury to conjecture about Giese’s reasons for not producing the gun at trial.
The prosecutor’s most serious error in this connection was his rhetorical question to the jury asking why, if Giese were innocent, he had not produced Severin to testify for him. (“ . . . Max Severin was there but did he [Giese] call Max Severin? He did not call Max Severin because this man has something to hide. He has something to hide otherwise he would have called the person who could have conclusively known, in fact, he was not present at such conversation, and he did not make an admission to the Ira Keller affair.”) No excuse can be found for the prosecutor’s reference to Giese’s failure to call Severin as a witness. The prosecutor not only knew that Giese had no obligation to call anyone, but he also knew that Severin was an unindicted co-conspirator and that Giese could not have compelled Severin’s testimony in the face of Severin’s Fifth Amendment privilege with respect to the very conspiracy for which Giese was on trial.10
The prosecutor also said that Giese was a wolf in sheep’s clothing and that, underneath his sophisticated exterior, he “is a very dangerous individual.” He also said, “I certainly know the facts in this ease,” and added that he was “sure” that the reference to “Giese’s Volks” and McSherry’s plan for the bank robbery was to Giese’s own vehicle, and not the one that he had given to McSherry’s wife.11
The prosecutor rounded out his errors by referring to a confession which was not admitted as to Giese. The confession, introduced only as to Wallace, contained admissions that he had monitored police radio transmissions about the bombings. McSherry and Meyer also testified that this had been Wallace’s role. In his efforts to bolster the credibility of his witnesses, the prosecutor said, “For instance, on the issue of corroboration, one of the more significant pieces of corroboration in this ease is *1213the two Wallace confessions. Okay, Meyer and McSherry, if they are lying, why do we have the two Wallace confessions?”
I fully agree that prosecutorial blunders in arguing a difficult case before a jury are not always grounds for reversal. Each case must be examined in its own context to ascertain the impact of prosecutorial indiscretions in the particular case.12 In this case, we do not have simply a brief prosecutorial lapse, but a whole series of instances of misconduct.13
VIII
Although I do not agree with all of the reasoning in the majority’s discussion of the remaining points in the case, I agree with the majority’s conclusion that the other claimed errors are either non-existent or harmless.
Prejudicial errors in the admission of evidence, of constitutional and non-constitutional dimension, together with prosecutorial misconduct in argument to the jury deprived Giese of a fair trial and his conviction should be reversed.
ELY, Circuit Judge:The panel originally concerned with the present appeal consisted of Judges Hufstedler and Trask of this Court and District Judge Sweigert, sitting by designation. Judges Trask and Sweigert issued the majority Opinion, with Judge Hufstedler dissenting.
A judge of our Court in active service requested our full Court to sit, en banc, and review the appeal. I voted that this be done, tentatively believing that the original majority Opinion constituted an impediment to the intellectual growth of our citizenry. The majority of my colleagues voted to the contrary, and the cause has now been returned to the original panel. This being true, I have concluded that I am no longer a judge who is charged directly with any further responsibility in connection with the appeal. Accordingly, I have decided, with some reluctance, that considerations of policy, particularly the deference that should be accorded to panel autonomy, should restrain me from setting forth at length the views that I tentatively hold. I exercise that self-restraint.
. In addition to “Revolution,” the following books and pamphlets were seized: “Ants in the Home and Garden,” “Special Forces Handbook,” “Firearms and Self-Defense Manual,” “Army Technical Manual,” “Tactical Trends Manual,” “Road to Revolution,” “Humanity, Freedom and Peace,” “The Paper Trip,” “The Anarchist’s Cookbook,” and “Protect Yourself from Investigation.”
. The entire text of that portion of the interrogation is as follows: “Question: Did you ever carry or sell in the bookstore ‘From The Movement Toward Revolution?’ Answer: I believe not. Question: Did you ever own a copy of that book yourself? Answer: I did. Question: Do you still own a copy of that book? Answer: I believe so. Question: Where did you purchase your copy of that book? Answer: I think it was J. K. Gill is the biggest book seller in Portland, Oregon. It’s commercial.”
. The erroneous admission of the fingerprint evidence, standing alone, would have been harmless error. There was abundant evidence that Giese was well acquainted with McKeel, Wallace, and Severin, and that he associated with them on a number of occasions. The Government was fully aware that there was no controverted issue of fact about Giese’s association with these men. The introduction of the fingerprint evidence, of course, did not lay any foundation for the admission of the contents of the book upon which the fingerprints were found for any purpose. The admission of the fingerprint evidence became prejudicial only after the prosecutor used the fingerprint evidence to justify the admission of the contents of the book.
. There was no “sharp contrast” between the kinds of books that Giese introduced as representative of the books that were carried in the bookstore and “Revolution.” The book “Revolution” is an anthology, which includes a spectrum of writings ranging from liberal to far left to radical. A number of the books that Giese introduced as samples from his book store represent a similar range of political writings. The sample books, like “Revolution,” were commercially published and widely disseminated to bookstores and libraries throughout the United States.
. In quoting Mr. Justice Holmes, I do not mean to imply that the clumsy prose in “Revolution” is eloquent or that it would kindle anyone’s reason. The incitement, which the prosecutor intended to engender, was the prejudice of the jury against Giese to whom the prosecutor attributed the inflammatory rhetoric.
. As Mr. Justice Harlan reminds us in Cohen v. California (1971) 403 U.S. 15, 91 S.Ct. 1780, 29 L.Ed.2d 284: “The constitutional right of free expression is powerful medicine in a society as diverse and populace as ours. It is designed and intended to remove governmental restraints from the arena of public discussion, putting the decision as to what views shall be voiced largely into the hands of each of us, in the hope that the use of such freedom will ultimately produce a more capable citizenry and a more perfect polity and in the belief that no other approach would comport with the promise of individual dignity and choice upon which our political system rests, [citation omitted]
“To many, the immediate consequence of this freedom may often appear to be only verbal tulmult, discord, and even offensive utterance. That the air may at times seem filled with verbal cacophony is, in this sense not a sign of weakness but of strength. That is why ‘[w] holly neutral futilities * * * come under the protection of free speech as fully as do Keats’ poems or Donne’s sermons,’ ., and why ‘so long as the means are peaceful, the communication need not meet standards of acceptability,’ [citations omitted].”
. Rule 52(b), Fed.Rules Crim.Proc.; United States v. Cornfeld (9th Cir. 1977) 563 F.2d 967, 970; United States v. Preciado-Gomez (9th Cir. 1976) 529 F.2d 935, 942; United States v. Perez (9th Cir. 1974) 491 F.2d 167, 173 & n.10; United States v. Memoli (9th Cir. 1971) 449 F.2d 160. The critical inquiry is whether in the circumstances of the trial as a whole the remarks were so prejudicial as to make it likely that they influenced the jury adversely to the defendant, depriving him of a fair trial. See, e. g., Lawn v. United States (1957) 355 U.S. 339, 359-60 n.15, 78 S.Ct. 311, 2 L.Ed.2d 321; United States v. Socony-Vacuum Oil Co., Inc. (1940) 310 U.S. 150, 237—43, 60 S.Ct. 811, 84 L.Ed. 1129; Berger v. United States (1935) 295 U.S. 78, 84-89, 55 S.Ct. 629, 79 L.Ed. 1314; United States v. Greenbank (9th Cir. 1974) 491 F.2d 184, 188-89.
. There are two pitfalls involved in the prosecution’s vouching for its witnesses: the first is the interjection of the Government’s credibility as a fact in the case; the second is the suggestion that the Government has information which was not introduced at .the trial which leads it to believe that its witnesses are credible, e. g., Lawn v. United States, supra, 355 U.S. at 359-60, n.15, 78 S.Ct. 311. Where as here, the case against the defendant turns on whether government or defense witnesses are believed, extended buttressing of the Government’s witnesses requires reversal as plain error. See United States v. Ludwig (10th Cir. 1974) 508 F.2d 140, 142-43; Hall v. United States (5th Cir. 1969) 419 F.2d 582, 587-88; Gradsky v. United States (5th Cir. 1967) 373 F.2d 706, 709-10.
. See Wagner v. United States (5th Cir. 1959) 263 F.2d 877, 883-84 (holding similar prosecutorial remarks to be plain error).
. This is clearly not a case of an isolated allusion to a failure to produce evidence as in United States v. Tierney (9th Cir. 1970) 424 F.2d 643, 646, and Forsberg v. United States (9th Cir. 1965) 351 F.2d 242, 249.
. Interjection of the prosecutor’s own belief in the guilt of a defendant is grounds for reversal. See United States v. Schartner (3d Cir. 1970) 426 F.2d 470, 478 (reversible error in the remark “ T say to you with all the sincerity I can muster that if you do not convict the defendant, the guilty will escape’.”); Hall v. United States, supra, 419 F.2d 585-86 (remark was “we try to prosecute only the guilty.” The Hall court also held that the court should have intervened when the prosecutor called the defendant a “hoodlum”). See also Steele v. United States (5th Cir. 1955) 222 F.2d 628, in which the Fifth Circuit reversed on other grounds but stated that where the prosecutor stated he personally believed the defendant to be guilty and characterized him as a “Dr. Jekyll and Mr. Hyde” it was so prejudicial that even in the absence of objection, the district judge should have stepped in to admonish the prosecutor and instruct the jury to uisregard the remarks. Id. at 631.
. E. g., Patriarca v. United States (1st Cir. 1968) 402 F.2 314, 318-22 & nn.6-7.
. Compare, e. g., United States v. Greenbank, supra, 491 F.2d at 188-89; United States v. Salcedo (9th Cir. 1971) 452 F.2d 1201; United States v. Zumpano (9th Cir. 1970) 436 F.2d 535, 539; United States v. Tierney, supra, 424 F.2d at 646; Forsberg v. United States, supra, 351 F.2d 242 (no reversal where defense counsel failed to object to isolated prejudicial remark in the prosecutor’s closing statement) with Berger v. United States, supra, 295 U.S. at 84-89, 55 S.Ct. 629; United States v. Ludwig, supra, 508 F.2d at 142-43; United States v. Fernandez (5th Cir. 1974) 496 F.2d 1294, 1299-1303; United States v. Cummings (9th Cir. 1972) 468 F.2d 274, 277-78; Hall v. United States, supra, 419 F.2d at 585-87; Gradsky v. United States, supra, 373 F.2d at 709-10; Wagner v. United States, supra, 263 F.2d at 883-84 (reversing where cumulative effect of error may have affected outcome of the trial).