The Voice of the Anti-Imperialist Movement from

Under Lock & Key

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[Prison Labor] [Texas]
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Abolish Prison Slavery

A search of the Texas constitution reveals no trace of the word slavery or any reference to the use of prisoner labor as slaves. Nevertheless, Texas has a long and unbecoming history of resisting the economic integration of Blacks into it's society and exploiting the use of prisoners as slave labor (including Mexicans) etc.

The 13th Amendment to the US constitution states in pertinent part: "neither slavery nor involuntary servitude, except as a punishment for crime... shall exist within the United States." The 13th Amendment was formally adopted on December 18, 1865. Texas was not among the states ratifying this amendment. In 1866, participants at a constitutional convention took the position that it was unnecessary to adopt this amendment. By taking an oath to support the united states constitution, they had indirectly abolished slavery and this was sufficient. It was not until February 18, 1870 that Texas formally adopted the 13th amendment, and this was only done grudgingly, to satisfy conditions for gaining admission back into the union.

Prisoners perform valuable services in their prisons and in a multitude of different prison industries. Without prisoner labor, these prisons and prison industries could not function. From the inception of its prison system, Texas historically refused to pay its prisoners any wages for their work, no doubt relying upon the clause carving out an exception for prisoner labor in the 13th amendment of the US constitution as their authority for doing so.

The 70th Texas legislature reversed this long standing practice and policy by creating work credits as part of its major overhaul of the parole system. Under the 1/4 as this legislation came to be called, these work credits vested when earned, and hastened a prisoner's mandatory supervision date. Since this law was enacted, prisoners have been receiving a half day of work credit for every day of calendar time served.

During the term of the 74th legislature, from 1995 to 1997, the parole board's ability to perform its statutorily delegated function of reviewing all parole candidates applying the Texas parole guidelines to their cases and issuing decisions as to their fitness for parole was clearly illusory. The parole board was vastly lacking the staff and resources to perform this task. Nevertheless, the 74th legislature increased the authority of the parole board by giving them the right to cancel a prisoner's work credit, simply upon a finding that the prisoner's release could endanger the public's safety.

A finding that a prisoner's release could endanger the public's safety is ambiguous, vague and vulnerable to abuse. Parole candidates have seen their mandatory supervision date pass as well as their good time and work credits rescinded for just this reason, with no factual basis and no reasoned decision to support this finding.

The parole board is making its prisoners serve their sentences day for day, acting above Texas law and of our US Constitution, like the 13th amendment, claiming it is giving out parole when a prisoner is within months or a year of finishing his or her entire prison sentence. Is this not illegal, and prison slavery? Indeed.


MIM(Prisons) responds: We don't like to use the word "slavery" too much in reference to the modern U$ prison system. Though in fact, slavery is legal in U$ prisons according to the 13th Amendment, which this writer seems to ignore. As we have discussed elsewhere, the prison system is not akin to the economic system of slavery in capitalist or pre-capitalist societies. It is a form of the mass lumpenization that is unique to modern imperialism, and is about managing excess populations, not acquiring populations for exploitation.

We appreciate the brief history of Texas policies provided by this writer, but would add to it the significance of the history of the 13th Amendment. As mentioned, this amendment allowed for slavery in prisons at a time when imprisonment of Blacks was even easier than it is today. This was a bone thrown to the white nation in the South who stood to loose out from the new economic realities following the Civil War. Southern whites were given a means to control Black labor on a small scale to get them through the transition. Today the 13th Amendment plays a similar role, where mostly Blacks and Latinos are forced to do much of the maintenance labor to support their own imprisonment, while predominantly white staff make fat checks as watchdogs and bureaucrats in the system.

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[Mental Health] [Medical Care] [Utah]
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Say No to Escape Drugs

It's funny because back when I was more of a knucklehead escapist I wanted medications to help me zone out or sleep through this Auschwitz. And they told me I wasn't crazy enough then for drugs. Now that I've discovered reality, and am snapping them in the ass with it daily, they're crying for me to be medicated and psychologically tested!

Well, they had their chance to turn me into a zombie. Now it's my turn to show them they're hypocrites. I do not believe forced medications are in the picture. But I wanted to give everyone a heads up just in case some curve ball comes my way. If you start receiving letters from me, talking about UFOs and my new brand of comfy diapers, writing in a child's hand, you'll know something's up.

They'll have to wrestle the poison into me each time though. Maybe I shouldn't be dwelling on this, or even speaking about it, but I've spent my fair share of time force medicated, cramped up and yelling/moaning uncontrollably on the cold cement for months at a time, as COs laugh and kick you in the side. Sweating, being spit on and only fed a sandwich bag of dry cereal and an apple a day. Not being even able to chew with your jaw locked up from the Haldol.

The pigs do this sort of torture to break a person. But what they don't know is a small percentage will always become very still inside after being treated like that. So still they perceive him/her as broken. Silent. And they'll move on to the next victim.

But this quiet one will wait and learn and watch. He/she'll smile when they expect a smile. And laugh when they see something as funny and need verification it's so. But this person's not... there's not the same individual "in there" anymore. I mean, how could there be?

There are two roads one can take. One is of poisons and suicide. The other is of sweat and a sort of intelligent number$ where everything petty, insignificant, small, and worthless is what it is and rolls off his/her back.

You continue. But not for you do you do this. Something deep inside understands when nine suited up weightlifters beat a chained soul, your soul, inside you're turned into this time bomb. Sort of. And of such a magnitude, that if you learn to control it, so it doesn't detonate and destroy yourself, it works wonders at getting you through. Through anything. You walk and the sea of people part because they feel and see what's inside you.

It's dangerous. But it's so dangerous not because it seeks to hurt. Oh, It'll hurt, but only if it's to help another in the same type of the situation where he/she was tempered. Seeing totally outnumbered people being beaten. Whether in groups of ten, or nations of ten million. These numbered captives who were raised as parasites, only to be fed to fellow parasites, are dangerous, are in my opinion the true revolutionary force in this nation of $nake$.

We just gotta get to them before they explode. Before they manipulate themselves some Seroquel or Effexor [psych drugs]. Before they stop caring and actually start becoming entertained by the simple, mundane, petty-pussy-patriotic slogans and shiny bloodstained third world baubles dancing merrily in front of their questioning eyes.

This is coming from one saved by the scruff of my neck because of MIM(Prisons) and comrades' tireless work 'out there' to pull the wool from captives eyes 'in here.'

I owe my life to the anti-imperialist struggle. I just hope, and train my body and mind, to contribute positively each day, and in the future, to the struggle.

Because I must, or I'd already be dead.

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[Medical Care] [Abuse] [Texas]
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Pepper Spray for the Mentally Ill

Here in our Texas prison system, prisoners with mental health issues are being abused, mistreated, assaulted, and forced into harming, hurting, endangering themselves as well as other prisoners and officers. The unit officials are negligently using chemical agents against mentally ill prisoners by spraying pepper spray (OC) directly on us and then leaving us in our contaminated cells as a form of punishment. They leave us there to suffer as they watch with gas masks on. OC cause you to burn for days, and by the cell not being decontaminated, it's an ongoing torture. Every time you touch something in the cell it starts all over again.

Mentally ill prisoners are constantly written bogus disciplinary infractions, which we are automatically found guilty of. The mental health and medical departments are co-defendants with the administration's corrupt misuse of disciplinary policy and procedure by falsifying documents, and signing off on these cases without any sort of support on the prisoner's behalf.

This causes mentally ill prisoners to max their sentences because every major case is automatically a year set off by parole, plus the fact that it's also a year's wait before you can receive eligibility for the appropriate line class all over again. So if you are bipolar paranoid, or have another psychotic disorder, you are constantly in harm's way.

And as I've mentioned, the psych staff corroborates with the administration to keep you down and in the last place. There are not any successful programs for prisoners like myself who are provoked to act out in order to receive immediate help and relief. Our ADA rights [granted by the Americans with Disabilities Act] are being stomped on.

MIM(Prisons) adds: For more on mental health abuses, causes, and cures check out Under Lock & Key issue 15.

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[Culture] [International Connections] [Gender] [ULK Issue 16]
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Wyclef: Hip Hop President for Imperialism?


Wyclef declares, "Haiti is open for business" to finance capitalists

How long shall they kill our prophets,
While we stand aside and look?
Yes, some say it's just a part of it:
We've got to fulfill the book.
Won't you have to sing
This songs of freedom? -
'Cause all I ever had:
Redemption songs -

- Bob Marley, from Redemption Song

Wyclef Jean, the Haitian musician and former member of the hip hop group the Fugees, has announced his candidacy for president of Haiti. He says he was pushed to do so now because of the destruction that followed the earthquake in Haiti in January and claims that he was drafted by the Haitian youth, who he says are over 50% of the nation's population. He seems to be borrowing from the Obama campaign with his main qualification being that he's "new," i.e. "change."(1)

In ULK 10, MIM(Prisons) pointed out how hip hop has become a global culture because of imperialism. It was the "Made in Amerikkka" label that made it so popular around the globe, where Third World people have been brainwashed to see their own cultures as backwards and uncool. Just as the imperialists have used hip hop to recruit oppressed nation youth in the United $tates to kill oppressed nation youth in the Third World, now they are using it to push a new U.$. puppet on the people of Haiti.

What Wyclef is doing with hip hop is what the gender aristocracy has done with its brand of wimmin's liberation in the Middle East. Despite being a forty-year-old man, who pulls in $18 million a year, he is claiming to somehow represent the interests of the Haitian youth because of his role in hip hop.(2) Let's be clear, a slum-dwelling child in Cité Soleil has very different interests than Wyclef Jean, just as a Muslim womyn in the mountains of Afghanistan has very different interests from Paris Hilton.

What the imperialists are hoping for is that hip hop culture will serve to sugar coat this new puppet regime in the eyes of Haitian youth. In a country where children eat mud pies to keep their bellies full and less than 3% of the population voted in puppet elections last year because the popular party Lavalas was banned from participating, a few sweet songs from Wyclef probably won't be enough.(3)

While not forced to eat mud pies to fight hunger pains, many oppressed nation youth in the United $tates were sucked in by the campaign of Barack Obomber. And there is a direct relationship between the first Black U.$. president and Wyclef who performed for a mostly Black audience at the Black Entertainment Television (BET) inauguration party for Obama where he reportedly serenaded Colin Powell with "Redemption Song" by revolutionary Jamaican musician Bob Marley. Colin Powell preceded Obama in putting a Blacker face on the White House, serving as Secretary of State, where he will be remembered most for lying about so-called "weapons of mass destruction" to justify the U.$. invasion of Iraq, which continues to this day. It is sick that Wyclef would use Marley's words to serenade such a killer.

Bob Marley was the target of assassination attempts by right-wing militias linked to the U.$. puppet regime vying for power in Jamaica in 1976. Ultimately, it seems he may have been killed by the CIA itself.(4) Like Haiti, Jamaica is a Caribbean island inhabited by former African slaves dominated by U.$. imperialism. Compare Marley to Haitian musician Wyclef Jean (who likes to cover Bob Marley songs) who got on MTV and supported right-wing militias that fought to oust popular Haitian President Jean-Bertrand Aristide, killing many civilians in the way. More clues as to why he would say such things include reports that Jean's uncle has been the ambassador for the U.$. puppet regime in Haiti in the United $tates, and publishes a newspaper that backs the bloody attacks on the Haitian people by the militias.(5)

Following the kidnapping of President Aristide by the United $tates in 2004, Wyclef Jean's charity was reportedly the first group allowed into the central slum Cité Soleil, backed by millions of dollars from the United States Agency for International Development (USAID). The same USAID that former U.$. President Bill Clinton has used to undermine Haitian sovereignty for years. Jean pressed Haitians to lie down in the face of occupation as U.$.-backed troops from the UN and Haitian militias gunned down the resistance in the Haitian slums.(6)

The imperialists kidnap, imprison and kill the people's leaders and then use their images to mislead. How desperate have they become that their puppets now come wrapped in the images of those they have attacked and even assassinated? They may be desperate, but they're smart.

Originally the voice of oppressed nation youth, hip hop has a strong dual role to play across the world today. But more and more, if it's coming from the United $tates — buyer beware. In recent decades, the increased wealth Amerika grants to Black men has come disproportionately through the entertainment industry. Black men regularly appear on magazine covers with photoshopped bodies, selling you beauty products, a role often considered the domain of white wimmin. This has led to the recent phenomenon of Black men, formerly the main victim of white female gender privilege, becoming a significant portion of what we call the gender aristocracy. Rather than appealing to the gender oppressed as wimmin, hip hop appeals to the gender oppressed youth. The state department has drawn from this once righteous rebellion, often epitomized in hip hop, to build the concept of a global youth culture.

Hip hop is a major front on the modern imposition of imperialist culture on the oppressed. While this doesn't preclude hip hop from playing a progressive role, those who reject Western culture will resist the corrupting influences of empire more easily. With a strong history of resistance to imperialist intervention, we are confident that the Haitian people will give the cold shoulder to this current attempt to install a puppet in hip hop clothing.

Notes:
(1) August 5, 2010 Interview on CNN.
(2) Katz, Jonathan. AP Interview: Wyclef Jean's vision for Haiti. 6 August 2010.
(3)Hinton, Charlie. Wyclef Jean for president of Haiti? Look beyond the hype. SF BayView. August 2, 2010.
(4) Potash, John. The FBI War on Tupac Shakur and Black Leaders. Progressive Left Press, 2008. p.183.
(5)It's not All about That!: Wyclef Jean is fronting in Haiti by the Haiti Information Project
(6)Kevin Pina interviews the most-wanted man in Haiti: Amaral Duclona by the Haiti Information Project

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[Organizing] [Education] [Missouri] [ULK Issue 16]
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Educate to Liberate, Spread ULK

As revolutionaries who are conscious and active in the national liberation struggles of oppressed nations' anti-imperialist movement in general and in the United $nakes in particular, there is a need to understand the motive forces controlling our lives and how these relate to oppression.

As materialists we believe that knowledge is key to understanding these forces. The masses read bourgeois newspapers and media and take up the political line of the imperialists without really consciously knowing. I'm speaking here of the politically unconscious. For example, after 9/11 there were many oppressed nations prisoners saying "we need to bomb those terrorists and kill them all, them dudes are crazy."

Lenin, Stalin, Mao and Huey all taught us that we need to develop independent media institutions of the oppressed to build public opinion for revolution. It is with this thought in mind that I am proposing that all members and associates of the United Struggle from Within work to increase the subscriptions and readership of Our independent media outlet, Under Lock & Key. How do I suggest we do this? By (1) getting prisyners in your unit or prison to write in and request to be on the ULK mailing list, (2) making copies, if possible, and circulating them, and (3) having friends, family members, other groups, etc., send money in for subscriptions and check out MIM(Prisons)'s website. My persynal goal is to get 50 prisyners to write in and request a subscription over the next six months.

Most prisyners are poor and will readily write in for any type of reading material that they can get free. Our duty is to appeal to that particular material interest as a way to spread the word and share knowledge.

I believe that the more people become exposed to new ideas, programs, etc., the better chance we have of bringing them into the movement. After all, a lot of people simply don't know. So they can't be held accountable for their actions. By exposing people to the real world we take away their excuses and they have to make a conscious choice — to be on the side of the oppressed or the oppressor. Educate to liberate!

MIM(Prisons) responds: Our principal task in preparation for socialist revolution in the United $tates is to build public opinion and independent institutions of the oppressed to end imperialism. Under Lock & Key is an independent institution that builds public opinion, primarily among the imprisoned lumpen. USW provides more content for ULK than any other group, and we would encourage comrades to take up this call to begin a real campaign to expand distribution everywhere that USW is active.

We want to echo this comrade's call for financial support as we just completed discussions of how to better ensure that our distribution methods are effective and resources are not wasted. MIM(Prisons) has no paid staff and we work with a very small budget with no funding from outside institutions. Therefore, donations sent go a long way.

While prisoners are often indigent, oppressed nations in the United $tates benefit materially due to imperialism (they get the crumbs from the king's table), so we wouldn't say that the only thing holding many people back from joining the anti-imperialist movement is their ignorance, as this comrade does. However, s/he is correct to say that exposing people to revolutionary ideas will enable and force them to consciously choose what side to be on. So push the revolutionary movement forward and help expand the distribution of Under Lock & Key!

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[Rhymes/Poetry] [Utah] [ULK Issue 16]
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Apologetic Subterfuge

February 21st, 2010: a three car convoy of Afghans were traveling to the market and then to a hospital for medical treatment. U.$. forces saw Afghans traveling together and launched an air to ground attack. Women jumped out waving their scarves to communicate they were civilians. The U.$. helicopter continued firing. 21 killed. 13 wounded.

December 26th, 2009: U.$. forces raided a home, pulled eight young men ages 11 - 18 out of their beds and gunned them down execution style. U.$. forces and distraught villagers later learned all were innocent of any wrongdoing. An apology was issued by the U.$. military.

Apologetic subterfuge?!

You can love me if you want
Feel free to hate me if you need
Just keep away from me your ignorance
Your racism and patriotic greed
Believe in your jesus
Your superiority and programmed ways
If it helps you sleep at night
Keep preaching your 'end of days'
Seven comes eleven its a crying shame
When the last time you did a pushup
you fucking lames!
Our bodies were built for sweat and love
minds wired for compassion not drugs
Turn off your fucking TV zombie
unplug that phone and those radios
Now listen, you hear it? 'crunch crunch'
That's those red white and blue imperialist goblins
eating Afghani wives and children for lunch
and the ticking sound that's increasing slowly
it's that capitalist system you love
slowly imploding
I'll shed no more tears for you Amerikkka
I'll never forgive you for what you've done
chewing on pregnant mothers and sons
killing unarmed little girls for fun
I'm an anti-imperialist communist poet
and we're winning motherfuckers
Fox 13's just not letting you know it.

February 12th 2010: U.$. forces raided a home and killed five people, including two pregnant mothers and a girl engaged to be married. The New York Times even uncovered Amerikkkan troops engaging in a deliberate cover up in an April 5th 2010 article.

According to a March 3rd 2010 report "The U.$. ignored the deaths of more than 850 Afghan children from treatable/preventable diseases as they focus warring on the second poorest country in the world"

Fuck you Amerikkka!
Straight up.
no apologies.
and no more hiding.
we're watching,
waiting....
tick tick tick!

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[Rhymes/Poetry] [Alabama] [ULK Issue 16]
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Revolutionary Transition


This is a revolutionary transition,
you think you're losin' something when you start listening,
don't get scared, stand strong, stop trippin',
slow down, this is what you're missin'.

Huey spoke of revolutionary suicide
not about dying
shallow minds, blind
it's about living
creeps in blue suits and ties,
despise as we rise! rise! rise!
like the phoenix from the ashes,
clashing with fascists,
to free the masses
smashing the lies,
resuscitating the dying
so we can get our swag on,
carry on the legacy
Mao, Fanon, Atlanta
feelin' 'em
capitalism, imperialism, neo-kolonialism
diss 'em.

Timeout from the bullshit to find out what's real
communism, Maoism
don't be disinterested, this is in your best interest
educating the people to think for themselves,
organizing and practice,
the presence is more felt
solutions that meet needs
not talkin' that same game,
independent institutions,
not talkin' 'bout makin' it rain
you stupid m_____ fukaz
that money could fight a peoples war,
feed the po',
you selfish clique of suckaz,
how could you dare want more
lying, killing and suffering
which came from the government,
they give you crack and pills,
an' you call them legitimate
this is for those that need correction,
from seniors to adolescents,
consciousness is a weapon,
communism is what we repin',
police ain't no protection,
crimes against the people,
whose past are your reflectin'
i understand you Black,
all you understand is some cappin'
if much love is your cliche,
why genocide you display?
I understand you been misled with bullshit,
by the preacher behind the pulpit
regardless of what he say,
communism is the way,
and my heroes are fighting the system every day.

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[Abuse] [Connecticut]
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Connecticut Corruption

In 2006 I stated that the state of Maryland was conceivably the most corrupt DOC in the nation. But the state of Connecticut now holds that distinction. With layer after lay of indecent filth and moral decay, wicked dishonesty and corruption. Prisoners are fair game to be brutalized and tortured, and to have our property stolen or destroyed with impunity. then they act shocked or surprised when one of their captives strikes back. And instead of learning, they intensify the torture, and the cycle starts over again. I am aware of the systematic efforts to stop and delay any mail that is critical of staff or policy. And none of the draconian policies or tactics being used are accidental, and in fact they are a part of larger illegal psychological experiment, disguised under the code name 'behavior modification.' Because there is no outcry by the sheeple as we are stripped of our human and civil rights it will only be a matter of time before the same tactics will be used to control those in the larger society. Prisoners are the most vulnerable in society and if our most basic rights are ignored and denied then none are safe. Prisons always mirror and reflect society.

Prisons across amerikkka are charging astronomical fees for phone calls, victimizing our wives and children so that the millionaires and billionaires can continue to reap untold profits, and a profit is all they care about. Confining you to only your immediate family who can come and visit. Leaving your girlfriends and other important interpersonal relationships out in the cold. They subject your family to all kinds of degrading mistreatment, as if to try to dissuade them from future visits. Once they cut you off from your phone calls and visits then they withhold your mail. Creating a state of total isolation from any community support you may have had. Furthering your dependency upon your captors, they deprive you of any meaningful reading material.

The program of isolation is being run by persons from the mental health field so I know they are aware of the damage and negative effects that are caused by this extreme isolation and sensory deprivation upon its victim's psyche. They are very much aware that by reducing the sensory feedback, which is essential to a person's well being, cracks can appear in their mental defense system. They take those of us who they consider troublesome, militant agitators, writ writers and even jailhouse lawyers, severing all your community ties, depriving you of all human contact, while making every effort to weaken your internal defenses and heighten your susceptibility to the influence and control of the prison authority. If you abandon your individuality and independence as a man, then and only then are you granted so called privileges, i.e. phone calls, commissary or the use of your radio. Personally I see this as the modern equivalent of the old slave breaking technique. If you do not conform your psychological torture continues indefinitely.

In 2009 I was attacked vigilante style by a hoard of guards in retaliation for an assault on a guard that they alleged I did. There were 13 to 17 on top of me, all of them out of control. Without any resistance from me, they sprayed a powerful mace substance point blank up my nostrils, shook the can and sprayed my entire face. This sadistic act was done only to inflict gratuitous pain and suffering. The chemical agent burns upon contact and takes your breath away at 10 feet, so you can imagine the effects of it being sprayed up my nose at point blank range. I believe the chemical burnt the membrane of my nasal passage. Because I was never properly decontaminated, the chemical remained on my skin and in my hair for days, continuously burning me. Contrary to the instruction, they forced my upper torso under hot water, knowing that such action would cause me excruciating pain because the hot water caused the pores to open up and allowed the chemical to go directly to my nerve endings. It felt like someone was striking a red hot poker to my face and skin. The powerful chemical totally took my breath away. While I was unable to breath, a full mask covering my entire head, like those worn by prisoners at Guantanamo Bay, effectively preventing me from breathing. My heart was under excessive strain and I had over 1200 pounds on top of me. One guard was punching me repeatedly in my jaw while another one was standing and dropping his knee with all of his weight onto my body. Someone else was trying to break my legs while someone else tried to break my fingers.

Finally they put leg irons and cuffs on me. The leg irons were so tight that I was unable to walk so they dragged me down this quarter mile long hallway. I was put in a dirty filthy cell, and in all my years of doing time I had never been in a more foul place. It smelled like the den of wild animal. There was dried blood, urine and spit on the floor and walls. The toilet had crud caked on it. They 4 pointed (chained feet and hands) to the bed. Three months later I still suffer pain from that night. I was four pointed over night, the longest night of my life. My clothes were ripped off me, leaving me totally naked and the cell was freezing cold.


MIM(Prisons) responds: This prisoner has faced brutal repression at the hands of the criminal injustice system, an unfortunately common story, which exposes the oppressive system. This testimony argues that the conditions in prison will eventually be applied to the rest of Amerikan society "it will only be a matter of time before the same tactics will be used to control those in the larger society", but it would be both difficult and unlikely for the imperialists to turn on the oppressor nation in such a strong way. Prisons are a means of social control, used against those who pose a threat to the system. Since Amerikan citizens benefit greatly from imperialism, such measures will not be needed any time soon.

We also need to point out that prisons are not reaping profits, that is not their reason for existence and in fact they require significant subsidies from the government to exist. As we explained in ULK8, prisons are primarily for social control, not profit. They also provide some good labor aristocracy jobs for Amerikan citizens who earn high wages at the expense of the international proletariat. But that is not a profit, that is just imperialist superprofits being redistributed to the labor aristocracy via a job that furthers the imperialist government's goal of social control.

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[Organizing] [National Oppression] [North Carolina] [ULK Issue 16]
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Let's Clean Up Our House

First off, let me just sympathize with the many innocent individuals behind these gates. Remain strong my people.

The North Carolina Department of Corrections (NCDC) is targeting the same exact groups that the California Department of Corrections is targeting: the Muslims, 5 Percenters, Disciples, Crips, Bloods, Moors, Mexicans, and all other non-Amerikans. What gets me though is that everyone knows this, yet do not take the initiative to give their Nations (organizations) a more decent look. I do not feel any sympathy for a group of people who's soulful intentions are to destroy humynity. Most of these gangs, groups, religions, etc. have more negative energy within them than they do positive. Why can't someone start up a food drive or something for Haiti using the CRIP Nation's name (Coloreds Rising In Power) or the BLOOD Nation?

We as gangstas are not making sure that first our house is cleaned, secondly, we are protected, and lastly, that what we represent is receiving a positive acknowledgment from this country. Every time you turn on the television a member has managed to put yet another negative look on the Nation. Stanley "Tookie" Williams was killed by the government, not because of the things he did, but rather, the things that other Crip members were doing. Basically, homies got the "G" killed.

Now, I understand that things can't be controlled after a certain action has taken place, however, we can determine what and when things happen. Gangstas are leaving graffiti, bandanas, and all other sorts of clues for the government to make their cases with. We are supposed to be secretive yet visible.

Inside the prison system, gang members are showing off tattoos, signs and scars. They are admitting to being affiliated and also are telling staff who else is a part of these Nations. There is not one secret kept within these Nations anymore. It's all just a fun game now. These so-called "Big Homies," OGs, 5-star Generals, and Lieutenants aren't pursuing a positive outcome of change. They just love controlling other individuals.

While the gangstas in Cali may be seeking relief from the oppression, the so-called gangstas in North Carolina have grown content with such oppression. Is there any group fighting for the validated members locked up around here? These dudes will hurt each other before they think about helping one another.

About a year ago an indigenous prisoner was murdered by a so-called Crip. Guess how many Crips got charged? Eight! These niggers started snitching on each other. I stay as far away as a I can from the bull jive.

It's just so sad to see so many brothas lost. They believe this gang thing is BLOOD vs. CRIP. I tell them that it is not. It is BLOOD and CRIP. We are 1 Nation together. Divided we aren't anything.

MIM(Prisons) responds: One of the contradictory aspects of the popular language is the use of the term "nation" to refer to a collection of sets. This comrade wants to unite Blacks as one "nation," but goes on to refer to various "nations" among the lumpen, many with Black members. The lumpen organizations took on this language following the righteous revolutionary nationalist movements of the late 1960s and early 1970s. In this period, organizations represented Black, Mexican, Puerto Rican, Chinese and First Nations, and they all worked with each other as allies. Their power came from their correct understanding of national oppression. Today, these groups going around calling themselves "nations," fighting each other, are often part of the same nation, and almost all of them are from the oppressed. When they start recognizing the oppressor as their enemy, then we'll see the kind of power our predecessors had.

This comrade also mentions trying to receive positive recognition within this country. Within one's nation, among the oppressed nations, that is a righteous goal. But Amerika is never going to recognize the oppressed nation youth organizations as positive as long as they represent their interests as oppressed people. The ALKQN has struggled with this exact problem. Even the Black Panthers, who didn't have the same internal contradictions that the ALKQN has, faced general condemnation from Amerika, though they certainly found allies among a minority.

We wouldn't go so far as to say that the state killed Tookie because of what other Crips were doing. We do agree that they used the anti-people activities of groups like the Crips to justify killing Tookie, not to mention to justify locking up 1 million other Black men across the United $tates. But Tookie was killed because he represented true rehabilitation from a misled gangsta youth into a righteous Black nationalist.

When Tookie was killed in 2005, MIM Notes wrote, "The Crips developed within a certain social and historical context. Tookie took part in leading the formation of the Crips after living his life in a certain context, just like the conditions of his life later led him to repent and take on a new purpose in life. The unscientific idea that bad people are just bad cannot explain why Tookie engaged in anti-people activities as a youth, but then turned around to be a positive member of the community later on. In upholding this mantra avoiding scientific explanation, the state ultimately decided that Tookie was just faking his redemption. This was a ridiculous lie." (MIM Notes 329, p.1) Tookie should be upheld as an example for the criminalized youth of today.

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[Legal] [California] [ULK Issue 16]
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Legal Tips to Fight Gang Validation in California

I am writing in regards to an article titled "False Gang Validations to Repress Latinos" featured in your Under Lock & Key, May/June 2010 newsletter. The author "seeks advice, assistance or referral on how to get word out about biased racial profiling, mass validations, and [officials'] failure to follow their own policies and laws." I am somewhat familiar with the validation process and can only offer advice on that subject. Hopefully it is enough to help steer anyone interested in the right direction.

For starters we have to address the fact that officials are knowingly violating your rights because they know that prisoners are not familiar with the validation process and because appeals coordinators will prevent your CDCR-602 [grievance] appeal from being processed. This is accomplished by screening-out 602s by either applying false rules that don't exist in the California Code of Regulations, Title-15, or the Department Operations Manual (DOM), and by also manipulating current rules by applying them to situations that don't justify the use of that particular rule. The Federal Court in Nunez v. Duncan , 591 F.3d 1217 (9th Cir. 2010) and the State Court in In re Hudson (2007) 143 Cal. App. 4th 1, 49 Cal.Rptr.3d 74, have caught on to these obstructionist tactics and now deem a 602 appeal exhausted if the appeals coordinator prevents you from exhausting your appeal. But you must still follow legitimate and established rules and regulations. The exhaustion exception only applies when officials are the ones who are preventing you from exhausting. So don't be discouraged if the appeals coordinator repeatedly screens out your appeal. Challenge their screen out decision two or three times in order to create a record for the Court that will show you made a good faith effort to exhaust and that it was officials who were the obstructionists.

DOM § 54100.8, only allows the appeals coordinator to: (1) screen appeals to determine if you followed proper procedural rules. They are not to use the screen-out form to discourage you from pursuing your appeal by addressing the issue on part "A" of the 602. The issue is to be addressed by a reviewer not the appeals coordinator; (2) this section also prohibits the appeals coordinator from construing the appeals process in any way that would place an unreasonable burden on your right to file a 602; and (3) the appeals coordinator is to provide you with clear instructions needed in order to have your appeal processed. They always screen-out a 602 by telling you what rule you allegedly violated but they don't tell you how to correct the problem. Make sure you insist on clear instructions needed to overcome the screen-out decision. With this in mind we now turn to the validation process.

When a prisoner is being considered for validation, at the minimum, the Due Process Clause of the 14th Amendment to the U.S. Constitution, and Article 1, Sections 7(a) & 15, of the California Constitution, require prison officials to provide you with: (1) meaningful notice of being considered for validation through a CDCR-114 lock-up order; (2) an opportunity to express your views to the Institutional Gang Investigator (IGI) prior to your validation package being submitted to Sacramento for approval; (3) CDCR-1030 Confidential Disclosure forms for each source of information they intend to count as a validation point (the 1030s must be provided 24 hours prior to IGI interview); (4) officials must designate you as being a current active member or associate by identifying specific gang activity or conduct allegedly performed by you on behalf of the gang; and (5) if Sacramento approves the validation package, you have a right to be taken before a Classification Committee. (see Toussanint v. McCarthy, 926 F.2d 800, 803-05 (9th Cir. 1990); Madrid v. Gomez, 889 F.Supp. 1146, 1276-77 (N.D. Cal.1995); the terms of a settlement agreement in Castillo v. Alameda, Case No. C-94-2847-MJJ (N.D.Cal.), which became binding on the CDCR in September 2004; and California Code of regulations, Title-15, Sections 3378; 3000 (see definition of "gang"); and 3023.)

Once in segregation for validation reasons, the State and Federal Due Process Clause also guarantees you the right to periodic reviews by the Classification Committee on at least a weekly or monthly basis during the first two months of segregation and then once every 120 days thereafter. (see, Toussanint v. McCarthy, 926 F.2d 800, 803-05 (9th Cir. 1990); and Toussaint v. Rowland, 711 F.Supp. 536,540 fn.10 (N.D.Cal. 1989).)

If validated you could challenge each validation point under the Due Process Clause by alleging that each point is unreliable because it does not meet the "some evidence" standard and do not have an "indicia of reliability" as there is no corroboration, the information is hearsay obtained through someone else, or the information is completely false. (see, Superintendent v. Hill (1985) 472 U.S. 445, 105 S.Ct. 2768; Cato v. Rushen, 824 F.2d 703,705 (9th Cir. 1987); and Cal. Code of Regulations, Title-15, Sections 3321; 3084.5(h)(2)(C); and 3378(c)(8)(A)-(M)

If officials allege that you committed a specific act of violence on behalf of the gang, then you are entitled to greater Due Process protections: (1) they must issue you a CDCR-114 Rules Violation Report outlining in as much detail as possible, who, what, when and where this alleged violation took place; (2) they must state what evidence they have to support the CDCR-115; (3) they must allow you an opportunity to present witnesses and documentary evidence; and (4) they must assign an Investigative Employee (IE) to assist you in preparing your defense. (see Wolff v. McDonnell (1974) 418 U.S. 539,563-66; and California Code of Regulations, Title-15, Sections 3315-3319.)

This information is only a basic starting point. You should make every effort to research these cases. Good luck with your struggles.

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