No First Amendment Rights for Revolutionary Prisoners
On October 11, 2018 I was transfered from US Penitentiary Terre Haute, to the Communication Management Unit (CMU) better known as "Guantanamo North," which is located in the old Death Row unit at FCC Terre Haute. The BOP stated reasoning for this transfer is the forming of a "group identified as TREASON while housed in general population" (see attached Notice to Inmate of transfer to Communication Management Unit).
The document goes on to state: “Allegedly, the group was initially formed to fight for equality for all inmates and individuals, who felt oppressed by the government. As the group began to gain members and notoriety, the focus shifted from standing up for the oppressed, to organizing a movement to overthrow the government..."
Though strategically false as it relates to the founding and initial goals of TREASON, and tactically devoid of specific information regarding the religious cornerstone of TREASON, and speciously crafted to ensure CMU placement, and thus in effect to monitor & silence me and more essentially to stop the fires of TREASON from spreading uncontrollably. Yet for present purposes let's assume it's all true & accurate, every word of it, how is this advocacy and group not guaranteed the constitutional right and protection of freedom of speech & assembly.
That is to say, does a citizen's 1st Amendment rights die at the prison gates, become obsolete at the prison gates, or is it simply a fact the prisoner dies a civil death upon entry to United States' penitentiaries. Last I checked Supreme Court case law, advocating the overthrow of the Amerikan government, even the violent overthrow, is neither illegal nor unconstitutional. And in fact violates no laws, statues, or regulations in this country; nor does it violate any B.O.P. rule and I received no incident report for any misconduct as it relates to TREASON. So this begs the question why have I been transfered to the ultra secret CMU, subjected to sensory deprivation, complete separation & isolation from general population.
It should be understood I'm physically confined in FCI Terre Haute, yet this unit (the old Death Row) is completely isolated, it has its own mess hall where all 30 of us eat, has a TV room, exercise room, several cages for recreation, a room that serves as our chapel, 5 computers for a law library, a separate 6 cells for SHU, 2 showers, and, what appears to be where the electric chair was is the barbershop. Three officers are within the unit at all times, and a fourth officer sits enclosed in an office controlling who can enter or exit this unit. Monday through Friday there is an assigned "Intelligence Research Officer" and Case Manager. This unit has exceptional monitoring, there are numerous cameras in every area, along with a "live" listening device in every section, which are monitored at all times by the Counter Terrorism Unit (CTU). All my communications incoming or outgoing are reviewed (examined for approval) by CTU and the Intel Research Officer. No address or email can be placed on your correspondence list unless approved by CTU, all books, magazines, newspapers, etc. are subject to CTU approval. And all mail to members of the "news media" which used to be unread and allowed to be sealed as special mail per 28 CFR 540.20(a) must now be read, copied, and forwarded to CTU for approval prior to being mailed.
Based on this CMU placement, I've been told that TREASON constitutes a Terrorist organization, and I am now the leader & founder of a Terrorist organization. In fact the enclosed pictures, originally allowed into the USP Terre Haute, have now also been deemed "contraband" and I must mail them out of the facility or have them destroyed. Each time I've begun to write my book, it too has been confiscated as contraband, for referring to/promoting TREASON. In fact, my writing of the ideological doctrine for TREASON, and passing out these pamphlets amongst the Treasonists is another justification for my CMU referral & placement (Again see notice of CMU referral).
"In an effort to advance that agenda, you dispersed information packets to the members of the group, which included the varying definitions of Treason in different countries and the penalty imposed by those countries, for committing Treason."
Again, is the passing out of pamphlets, even if you strongly disagree with its contents, not protected by the 1st Amendment? And why is there NO Due Process (eg. adversarial hearing) prior to a person's referral to CMU. I was placed in SHU for investigation on July 12, 2018 and referred and accepted to CMU before October 11, 2018 by the assistant director of the BOP and CTU. To appeal this placement prisoners are directed to file a (grievance) "BP-8," "BP-9,"and "BP-10" which are all decided by BOP officials subordinate to the BOP Asst. Director and thus could never and would never be overruled.
Just as consciousness & resistance rises in the society at the election of Trump, the same occurs in Amerika's prisons. Despite the fake prison reforms, these men look around daily with no hope, knowing they will die here, that they're not going home. So I speak on politics, correlating Amerikan politics & Trumpism to their plight, pointing out who the oppressor is and the real right to be waged in here and out there. Each day I explained the reality of Fox & Friends and turned convicts into Political Prisoners. Alarmed, the prison administration took immediate repressive actions! I understand the BOP's logic, segregate the lead Treasonist and hope to silence TREASON. No different than what the government did to the BPP, AIM, SNCC, and SCLC targeted and repressed by J. Edgar Hoover via COINTELPRO which stated as a primary goal to stop the rise of a "Black Messiah" and prevent the unification of militant organizations.
Jeff Sessions stated his intention to follow suit on August 3, 2017 when he issued the FBI report "Black Identity Extremists Likely Motivated to Target Law Enforcement Officers.” The Patriot Act is COINTELPRO 2.0, and has implemented on a national & international scale the same goals and extreme repressive measures to be employed even in prison—without any form of Due Process. Aware of the history of this country, (The Saint John Brown was hanged for TREASON) and knowing I'm confined to cages where the media attention is minimal or non-existent, I'm not shocked, surprised, or cowed. As I knew I was on top of their food chain, for the NPR interview I did w/ Joe Shapiro & NPR, and my essays & posts on LivefromLockdown.com and Facebook, not to mention the litigations of I've repeatedly filed against rogue BOP officials and draconian conditions of confinement. Placing me in the SMU three times didn't break my spirit nor deter me, so now I'm isolated in the CMU aka the Terrorist Unit. If Moses, Jesus or Muhamad were alive today, they too would be in the CMU, ADX, or Guantanamo Bay! None of these Prophets would be been embraced by Trumpism, conservatism, or the United States of Capitalism...Facts!
The BOP came for me for many reasons, one of which is the US Supreme Court's decision in Ziglar v. Abbasi (2017) which in sum and substance denied any cause of action through Bivens litigation for 1st Amendment violations, and only permits extremely limited court redress for prisoner suits. Due to this decision prisoners will have their rights violated by Federal Officials, and be unable to file a suit, via Bivens; since Congress has for decades failed to pass a statute equivalent to 42 USC 1983, which allows state prisoners to file suit in Federal Court when their constitutional rights are violated. There is no Federal equivalent statute for Federal prisoners. So all over the country US Attorneys (who represent BOP officials when they are sued—free of charge) have been filing motions to dismiss prisoner suits for all 1st Amendment violations, from New York to California!
So now my chances of being able to turn to the Federal Courts for equitable or constitutional redress for the BOP violating my rights to Free Speech & Assembly, or for a denial of due process in my referral to CMU, are slim to none based on the Ziglar v. Abbasi decision. Not a single person in the mainstream media machine covered this Supreme Court decision or its expansive effects on prisoner/citizens' ability to seek redress ("Thorny Issue for court: Free Speech meets Police Power"-NY Times) and not a single legislator Democrat or Republican has even considered drafting Federal legislation to protect prisoner/citizens' rights to seek judicial redress of cruel & unusual punishment, and 1st Amendment (eg retaliation) violations and other enumerable Constitutional Infringements by Federal BOP employees.
So in a nutshell, I know I'll Max-out from the CMU (no rehabilitative programs for the CMU terrorists), fortunately that's 3 years away...a few people have been in this unit over 7 years, and counting! So the answer to the rhetorical question is NO, prisoners do not have any 1st Amendment rights that the pigs are bound to respect.
Yet I expect no different, from a nation that capitalized off of my dehumanization, whose wealth and institutions thrived from slave states, Jim Crow segregation, mass murder of Natives, and now mass incarceration. I expect none of my rights to be respected, and fully understand why the oppressor would immediately perceive unification of oppressed prisoners as a danger & threat. A threat to be isolated, silenced, and subjected to long terms of solitary confinement. The BOP survives as all tyrants through Divisions, Tokens, and Violence. Divisions are promoted = self segregations: Black prisoners sit here, Mexicans over there, White there, Natives there, further sectionalization ensues through the gangs all promoted and permitted for population management by BOP officials. Tokens, through job placement the BOP creates tokens as the best jobs go to conformist inmates, medical, UNICOR, education, and yard while recalcitrants are assigned as shower orderlies or no job—creating a class system by pay grade. Violence, arbitrary, random yet pervasive violence is employed, staff attack prisoners, encourage prisoner-on-prisoner attacks, and keep violence always just below the surface.
Think about old Whitey Bulger mysteriously landing at USP Hazelton in general population—a known FBI information and the BOP acts surprised he's dead in under 24 hours! But it's okay because he was despised and so it was okay (to dehumanize) to do that to him! And no one was fired!
Warden Krueger was alarmed by me because he kept seeing numerous prisoners come to mainline (the chow hall) with the exact same "Hammer & Sickle" tattooed on the right side of their necks. And the prisoners were all different races & nationalities, this is what alarmed him and his administration; Black, Latinos, Asians, Caucasians, Natives! Then all these prisoners study amongst each other, walk the yard with each other, eat together, but what really got under his skin was seeing transgender prisoners as part of this movement. A part of this unification without any discrimination or hate which him and his administration promoted. I had individuals from every gang, and faith, unified under one banner with one goal...TREASON!
I would have 12 prisoners in my cell on any given day educating them on what unites us and who our enemy is and the real politiks behind our imprisonment—so the warden issued a new rule, 2 inmates per cell! He began sending C.O.s into my cell to confiscate pamphlets I had typed up, then these officers would sneak back into the cell to replace them, when I had left the unit. They were running covert document grabs inside the prison! Twenty, Thirty years ago there was always political prisoners, conscious prisoners politicizing the prisoners, educating them. But today in the BOP all these prisoners are either in ADX or dead, the few still in population no longer can identify with the young prisoners of today that are consumed by Gangism, Drug Consumption, and their own misery. Politicizing and unifying the prisoner population is a danger & threat to prison administration, so they labeled me a terrorist and had me placed in the Communication Management Unit, with prisoners captured on the battle fields of Afghanistan and members of ISIS and on my 29th day in the CMU there was a homicide.