Red Army Faction in November of that year, the Federal Constitutional Court (Bundesverfassungsgericht) demanded that they return to custody. Only Horst Söhnlein complied with the order; the rest went underground and made their way to France, where they stayed for a time in a house owned by prominent French journalist and revolutionary, Régis Debray, famous for his friendship with Che Guevara and the "foco" theory of guerrilla warfare. Eventually they made their way to Italy, where the lawyer Mahler visited them and encouraged them to return to Germany with him to form an underground guerrilla group. The Red Army Faction was formed with
Red Army Faction politicians (like Richard Nixon and Helmut Schmidt) as well as some former U.S. agents (who were willing to testify) to be called as witnesses. Later when their requests were rejected, U.S. agents Barton Osbourne (ex-CIA, ex-member of the Phoenix Program), G. Peck (NSA), and Gary Thomas gave extensive interviews (organized by defense lawyers) on 23 June 1976 where they explained how FRG support was crucial for U.S. operations in Vietnam. Peck concluded that the RAF "was the response to criminal aggression of the U.S. government in Indochina and the assistance of the German government. The real terrorist was my government."