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Under Lock & Key

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[Parole] [Legal] [Texas]
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Hicks v Guiterrez Dismissed, Continued Legal Action

“No man can tell the intense agony which is felt by the slave, when wavering on the point of making his escape. All that he has is at stake… The life which he has may be lost, and the liberty which he seeks may not be gained.” -Frederick Douglass, 1845

We are made to persist. That’s how we find out who we are.

The Khufu Foundation thanks you for being part of the solution! The following is an update on the lawsuit, Hicks v. Guiterrez, et al, 6: 22-cv-134. It contains both good and bad news. The bad news is that the District court has dismissed the case with prejudice, which was not unexpected. The good news is the cases he used are not on point, plus he failed to thoroughly address an issue of First Impression “The Cumulative Effect.”

For those of you who have tablets, go to Law library and read exactly what the District Judge has to say for yourself. We have given notice of appeal, and await a word from the 5th Circuit giving us a number to seek COA. Before we give our argument in brief, let us give you a word directed to the right that can save you a few dollars as well as allow you to move much faster through the Courts than the §1983. We have learned that these same issues can be attacked with an application for Writ of Habeas Corpus – see the tablet has a wealth of information, particularly the Law Library; there are literally thousands of cases at your fingertips. Yet, the tablet can turn you into a zombie, who feeds on nothing but music and movies.

Now, here is what we will take to the 5th Circuit:

  1. Whether the Cumulative Effect of the Texas Constitution, Texas State Law Statutes, the Administrative Procedures Act, and the Rules and Regulations of the board combine to give a Reasonable Expectation that the parole procedure will be conducted with a modicum of just and fair treatment – see Wilkonson v Austin, 125 S.Ct. 2384

  2. Whether Applicant was denied Equal Protection of the Law as compared to other prisoners who can review their parole-file/transcript, because they can afford an attorney, see Griffin v Illinois, 76 S Ct. 585 and Register v Thaler, 681 F. 3d 623

  3. Whether Applicant has been denied a fair and just parole hearing where the defendants fail to follow the APA and their own rules without meeting the Constitutional minimum regarding parole review – see Parrat v Taylor, 101 S. Ct. 1909 and Leggett v Williams, 277 F. App’x 498, 500 (5th Cir. 2008)

  4. Whether Applicant was denied a meaningful participation in his parole hearings when he was not allowed to review his parole file to challenge all false and/or derogatory information contained therein, when Board Members have admitted that there is often false and/or inaccurate information in parole-files. – see Johnson v TDCJ, 910 F.Supp. 1208

This information is supplied in the hope that each of you will do your research and continue to fight.


North TX AIPS adds: This lawsuit is an attempt for parole reform in Texa$ and was launched May of last year (2022). It is in response to continuous denial of parole for many prisoners based on commitment of the crime, rather than behavior while incarcerated, and to argue that the Board Members are not protected against suit according to the Ex Parte Young Doctrine:

“In determining whether the doctrine of Ex Parte Young avoids an 11th Amendment bar to suit, a federal court need only conduct a straightforward inquiry into whether the complaint alleges an ongoing violation of federal law and seeks relief properly characterized as prospective.” Const. Amend.11 - See Verizon MD. Inc v. Public Service Commission of Maryland, 535 U.S. 635, 122 S.Ct. 1753 and McCarthy ex rel Travis V. Hawkins, 385 F.3d 407, 412 (5th Cir. 2000)

While some of the demands as previously stated are in line with the Juneteenth Freedom Initiative, as revolutionaries our focus is on the building on independent institutions of the masses, rather than working for parole reform. We are building on our Re-Lease on Life program and encourage anyone whose interested to write us and start to work on study and strategy for revolution. This is in reference to Texas Prisoners Launch Attack on Parole System printed in Under Lock & Key 78.

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[Civil Liberties] [Grievance Process] [Lovelock Correctional Center] [Nevada]
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This is Why Grievances Don't Work

The Nevada Department of Corrections (NDOC) is currently holding me in Ad-Seg because of a bootlicking inmate’s claim that I am his enemy. I have never had an enemy in my almost 20 years in prison. The real reason is due to my current litigation against the NDOC due to their violations to my civil rights.

Enclosed is a copy of a DOC-3012 form, I encourage you to print it in the next ULK issue without censorship in an effort to expose the responders for what they are! I’m also sending you a copy of a “Snivel Kite” I was given after reporting the DOC-3012 response to Correctional Officer Alfonso Alvarez. I encourage you to print it as well.

Nevada DOC 3012
Snivel Kite from Nevada Correctional Officer
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[Abuse] [Gender] [Buckingham Correctional Center] [Virginia]
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Strike Force Executes Surprise Pre-Dawn Raid in B1 Pod at Buckingham Corr Center

11 October 2022 – Around 2:05 AM, Tuesday morning, I was jolted out of my sleep by a familiar sound. Yes, that familiar sound of Strike Force rushing into the pod to execute one of their surprise raids. I didn’t even have to get out of my bed to see what was going down. Like I said, it’s a familiar sound of feet stomping, door slamming, guards shouting, and dogs barking.

An elder Panther told me years ago to always observe the guards during raids just in case they violate the constitutional rights of a fellow prisoner – or even worse kill one of us. So, I got up to witness the chaos out of practice. The scene is always the same.

During the wee hours of this Tuesday morning, Strike Force, accompanied by institutional investigators, were rushing to a pre-selected number of cells (my cell was not chosen this time. Thank god!), banging on cell doors to confuse and disorient occupants. Inside the cells, people were forced to strip naked, lift their testicles, squat and cough, and bend over, reach back, and spread their butt cheeks (this is done in full view of officers looking from the front and behind) before handcuffing their hands behind their back. The K-9s (drug sniffing dogs) were taken into each cell to find drugs, which always create sanitary issues, because the dogs sometimes sniff, lick, and tread on our bed sheets and laundry, leaving behind dirt, drool, and possibly feces. Replacement sheets and laundry are never issued, and they weren’t this time.

Strike Force then entered and ransacked each cell in search of any contraband the K-9s couldn’t find. Their personal property, including letters and family photos, are tossed around the cell for good measure. A lot of property is trashed and confiscated.

Other strike force members searched areas in the pod – in the trash cans, in the showers, under tables, on top of ceiling lights – for contraband that may have been hidden there.

I observed the chaos for two hours before getting back in bed to sleep. I found out later that this pod, B1, had been placed on lockdown all day Tuesday for unspecified reasons. We were allowed out of our cells on Wednesday morning.

I’ve been subjected to these surprise pre-dawn raids many times during my imprisonment. And I can tell you they are quite dehumanizing and retraumatizing. Can you imagine being jolted from your sleep in the early morning, being forced to strip naked and bend over and spread your butt cheeks while a stranger stands behind you and looks in your anus for contraband? It is so humiliating and emasculating. And every time I’ve been asked to do it, something inside me (perhaps my manhood?) always makes me want to refuse. Because deep down inside, I know it is not done to find drugs, but to remind us we have no agency. And that prison staff have utter and complete control over every aspect of us, even the most intimate parts of our bodies. But refusal means a write up, a rousting, time in solitary, or more time in prison. So, what can we do?

What I and many other incarcerated folks can refuse to do is be silent by writing about these abuses and sending them out into the free world hoping they’ll change people’s perceptions of these prisons and how the people locked in these cages are being treated in the name of “public safety”.

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[Peace in Prisons] [Organizing] [Gender] [Principal Contradiction] [California]
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Gender, Nation and Class Divides - Discussion of ULK 79

Thank you for Under Lock and Key No. 79 (could just as well be called Under Division and Unity). I could not help but draw a parallel between 2 articles. “Some Discussion on Bad Ideas Pt. 1” and “Show Proof to Build Unity”.

First, in “Show Proof to Build Unity” MIM reminds that the reintegration policy is a strategy to “displace the big four lumpen orgs”. The divide and conquer tactic in a correct analysis although somehow avoids the subject implied which was/is: Unity with the biggest ‘lumpen group’ (sex offenders) as means to fight the real enemy (CDCR).

Perhaps it is fear that prevents any one sex offender from organizing. Fear of hate, after all hate is scary and dangerous especially when it is NOT justified. What does MIM propose? Does the sex offender boldly call for Unity with the prisoners that hate; or in reality need someone beneath themselves as a means to tolerate their own reflection in the mirror?

Does MIM propose the sex offender organize with other sex offenders? He prefers to keep his commitment ‘offense’ secret because the moment he attempts to unite he lets everyone know that he is the designated scapegoat thus opening himself up for attack, essentially a dangerous invitation.

Much safer to stay quiet, isolated although silence is complicit. Silence concedes that it is somehow ok to hate sex offenders when the reality is; hate for sex offenders is hate of self, as stated above hate for sex offenders is simply a need to place someone beneath self as a means to tolerate ones own reflection in the mirror. It is a self conscious advertisement that the haters’ bad acts are much, much worse than any perceived ‘crime’ of having sex. Mostly because everyone is guilty of having sex. This hypocritical aspect is further proof that hate of sex offenders is really hate of self. The delusion that sex is somehow a crime of the worst nature is paper thin, held together only by silence, fear, and hate.

Silence, fear and hate are powerful weapons that CDCR uses for control. Does anyone wonder how 3 pigs keep control of 200 prisoners? The haters need loom no further than his own reflection in the mirror for that answer.

The delusion that sex is a crime is only a manifestation of one’s ego. An ego that requires someone; anyone to be worse than self. The haters must truly look at themselves and ask if CDCR oppression is great enough to drop their own ego. CDCR knows that haters will not drop their ego and this is how CDCR keeps everyone captive in chains and cages. Cages built out of ego, silence, fear and hate.

The haters must ask themselves if they can unite with the largest group of prisoners in prison because sex offenders are much, much deeper than any one hater knows. It is the silence; the secret, the dirty little secret that has allowed hate to grow into a uncontrollable big monster. The silence that has allowed the pigs to brand even greater numbers of regular, normal people with the brand of sex ‘offender’. The fear of hate that forces silence is the cause of division. Division that gives CDCR so much power and control.

In the article “Show Proof to Build Unity” MIM suggests unity with sex ‘offenders’. Perhaps by inherent necessity, it is the sex offender that must call for unity with his haters. The oppressed that must call for unity with the oppressor. Here I see the parallel in the other article “Some Discussions on Bad ideas Pt. 1.” The call for unity with the ‘White Worker’ seems to be a suggestion that oppressed nations call for unity with the oppressor nation by inherent necessity. Because certainly the haters have no desire to escape oppression thru unity.

Forgive me if I interpreted notes of doubt on fear of hate or outright hate for the haters in your article “Bad Ideas” for instance, the hypothetical paragraph about a white person referring to the masses as “white worker” seemed to label that white person as a “former neo-nazi” isn’t that a little harsh considering the demographics here in 1st world USA?

[Wiawimawo notes: This is a misreading of the article, the article assumed a comrade was a former neo-nazi as an example of when someone’s past or identity might be relevant to a political criticism. But this was just an extreme example, as any Amerikan can show favor to the white workers without being a neo-Nazi, so in that sense we agree.]

The paragraph that “communists have failed the masses for 400 years by supporting the ‘white workers’ and putting the nation contradiction beneath”white worker interests" seems to refer to 3rd world nations rather than the demographics of national 1st world USA. Global perspective would provide clarity because this article was written and provided to and for 1st world USA. Prisoners who only know 1st world demographics, most of whom have never been outside the country.

I found the theme of ‘identity politics’ otherwise correct and intriguing for instance the paragraph about how it is wrong to be enemies with the MASSES for their bourgeois ideas when under oppression, such as patriarchy, homophobia, racism etc… I liked this whole analysis regarding friends being those who have the correct line on xyz and enemies being those who hold reactionary views as an incorrect communist stance.

I like the correct stance specified being “Mao’s method of finding out who our friends and enemies [are] by looking at a group of people’s relations to the means of production, relation to consumption, and relations to other classes.” That word class seems to me to be a definition of economics therefore the only color of class is green. Thus for revolutionary purposes 1st world USA is obviously enemies and 3rd world is friend. But Revolution from within 1st world begs a different question of who are friends and enemies? Who are the MASSES of 1st world USA?

Which brings on the question of “cause of racism” I get it (I think). I can certainly identify with extreme frustration even outright hatred of the haters although I think racism is caused by individual thinking as evidenced by my statement above “Hate for others is really hate for self”. It only seeks justification by blaming others therefore racism is caused by individual thinking and not necessarily by “Feudal European aristocrats (a class of people)” on “the white worker”.

In the same way hate for sex offenders is not perpetrated by any one (class of people) rather it is hate of self and sometimes that hate manifests itself as hate for others. The unavoidable truth however in that cause is individual thinking. Sometimes it only feels like hate when it is nothing more than an individual desire to fit in with all the other haters. Conformity like the Holocaust.

I think it gets a little confusing when we are discussing who the masses are in relation to revolution from within the 1st world USA or from a global revolutionary perspective. Does the author regard emself as american? or a global citizen? Its relevant to eir view of who the masses are. MIM seems to subconsciously realize that hate is in fact caused by individual thinking in the last paragraph “The sub-culture problem” Here ey quotes “Line struggle turns into flame wars with no purpose of uniting with others, but exist only to express ones individual self for the cathartic feeling of having the correct line.” Here the people are seeking unity through the correct line even if that line is in reality incorrect, whether that line be a reactionary bourgeois idea on unity with the white worker.

MIM dismisses the unity of “300 college students with a Stalin portrait in their dorm room who thinks the white worker is a friend” however, at least that unity is not grounded in hate and fear, or doubt but conformity in the least and revolutionary at most.

Unity is key to revolution although revolutionaries must decide who are friends and enemies. revolutionaries must distinguish where to wage revolution from. From the 3rd world against the 1st? MIM conceded conditions within the 1st world are unique, the follow up then is that revolution from whether 1st world the masses are in fact the white worker. Revolution from 3rd world only against 1st world may see the white worker as enemies. That is historically of course, considering the demographics of the 1st world today which only reinforces mass method of determining enemies and friend on class, class defines the only enemy color as green.

I want to thank MIM for calling on the haters to “Show proof and Build Unity” in ULK No. 79. I echo that sentiment to all that claim to dislike CDCR oppression. Show proof of opposition to imperialism (CDCR). Unite with the largest group of political prisoners, unite with sex offenders, we have a common enemy. Unless anyone really believes that any one ‘crime’ is somehow better than another.

I will give some thought to stepping outside of my self-imposed isolation, my shadow of safety. I think of a way to unite with those that hate me after all someone has to lead and haters obviously have no desire to escape their oppression through unity.


Wiawimawo of MIM(Prisons) responds: We appreciate this comrade’s thoughtful response to ULK No. 79. It brings up a number of issues i will try to address here with suggestions for further study.

Historically, in the CDCr, and elsewhere, New Afrikan communists and revolutionary nationalists have joined hands with neo-Nazis to unite around common interests as prisoners. These united fronts represented different groups with different interests (for example, white prisoners and New Afrikan prisoners) that had an overlapping interest that came to the forefront. This is similar to the unity of the Communist Party of China with the bourgeois Nationalist Party to fight the Japanese imperialists. After joining forces for a period, many Nationalists went on to fight the Communists, though some joined them. To join in a united front may represent a stage of struggle and not a permanent alliance of interests.

If a group of New Afrikan revolutionaries can join forces, in a principled way, with white Nazis, then certainly the divide between general population and sex offenders can be bridged. The sex offender issue is very persynal for many, but so is the nazi issue for New Afrikans.

We can point to the example of Lucasville, Ohio, outside of CDCr, where the unity between nazi’s and New Afrikans became permanent, however, despite the work of key leaders, the masses of white prisoners did not follow suit. In the case of sex offenders we believe the contradiction is less antagonistic. In other words it is more resolvable.

To an extent we agree with the author about the form hatred takes towards sex offenders being in peoples’ heads. But we don’t agree that it derives from the ideas of the individual. As Jean-Paul Sartre wrote in Anti-Semite and Jew:

“Underneath the bitterness of the anti-Semite is concealed the optimistic believe that harmony will be re-established of itself, once Evil is eliminated. Hist task is therefore purely negative: there is no question of building a new society, but only of purifying the one which exists.”(1)

In Under Lock & Key 55 i contrasted our approach of dialectical materialism to that of metaphysics, that sees things as having an unchanging essence.(2) To many people, the sex offender is evil that must be eliminated and cannot be changed. Yet in prison, these same people will often preach for rehabilitation and parole for other prisoners who have committed crimes. As Sartre points out with the anti-Semite, their views are advantageous in allowing for laziness. There is no need how to figure out how to make society better or transform ourselves as the solution is easy – eliminate others.

Above i acknowledge the persynal motivation of hating sex offenders. A very high percentage of people in the criminal injustice system were abused as children, often sexually.

Now where we strongly disagree with the author is with eir implications that sex cannot be criminal because everyone does it. On the contrary, we say under patriarchy that all sex is rape. We also say that all of us in the imperialist core are reforming criminals, whether we are in maximum security in the concentration camps or on the streets in minimum security. Where the author seems to think there is nothing wrong, we think there is something gravely wrong that can only be resolved by changing the whole system. We might call it overthrowing the patriarchy.

The author above is correct to note the difference between the national question internationally and within the United $tates. It is only the delusional who see people in this country as having the same interests as the masses of Central Africa, South Asia, the Andes Mountains, etc. It is much more reasonable to claim that New Afrikans or [email protected] have the same interests as Amerikans. The minimum wage laws apply to all U.$. citizens after all. However, other statistics on wealth, health, segregation, as well as history indicate great divides that still exist and in some cases are increasing.(3)

Therefore, it remains MIM line that the principal contradiction in the world is around nation (oppressed nations vs. imperialism), and the principal contradiction in the United $tates is around nation. Again the author is correct to recognize these as 2 separate, though parallel, contradictions.

One point of argument in favor of the MIM line is you can actually find a lot of support for Amerikan so-called workers from the Third World proletariat and their fighting organizations/communist parties. Yet it is the internal semi-colonies in the United $tates where we find more sober assessments of the role of the euro-Amerikan nation. If there is anything unique that the internal semi-colonies have to offer the International Communist Movement, it is this.

The author refers to sex offenders as the biggest lumpen group. There are currently about 20,000 sex offenders out of about 96,000 prisoners held by the CDCr, so this is not off-base. We have written plenty on the need to unite across these divisions. But this comrade brings up the important topic of how to do so. While this was the topic of ULK 55, which we recommend comrades check out, this is not a question with easy answers. The examples of uniting with nazis mentioned above focused on finding unity around key struggles.

We must recognize though that often those who are the most oppressive towards sex offenders are those who are most friendly with the cops. See the recent grievance response received from a Nevada comrade, where the pig responded with,

“Stop Sniveling! Child molestors have no rights and will get no help from me… If you send me anymore kites I’ll make your life a living hell, do you want to be… labeled a snitch? Maybe I put your charges up on every bulletin board in the quad, or PREA your ass.”

So in response to request to be returned to the appropriate housing level this pig threatened to falsely label this persyn a snitch among inmates, publicize eir sex offenses to other inmates or to create a false charge against em claiming ey sexually assaulted someone (Prisoner Rape Elimination Act). The pig is openly demonstrating how the state uses these divisions to control the population, especially those fighting for prisoner rights. As long as other prisoners play along with this, unity will require a lot of creativity and looking for opportunities.

In the long run, teaching dialectical materialism and promoting MIM gender line can undercut the deep held beliefs behind these divisions; if not in the old-guard, then in the youth. We know there are many “sex offenders” (whether actual or labelled) out there, we get your letters. Real solutions come through struggle, so we challenge you to join the struggle and find the answers yourself as this comrade is challenging emself to do – and then share them with us in the pages of ULK.

Notes:
1. Jean-Paul Sartre, 1965, Anti-Semite and Jew, Schoken Books: New York, p.43.
2. Wiawimawo, March 2017, White Nationalism and the prison Movement, Under Lock & Key 55.
3. see “Who is Lumpen in the United $tates?” for our analysis.

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[Texas T.E.A.M. O.N.E.] [United Struggle from Within] [Abuse] [Censorship] [Campaigns] [Organizing] [Allred Unit] [Texas]
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TDCJ's Repression of it's Political Prisoners Leads to Devastating Effects Among the Wider Prison Population

[UPDATE: In late December we got confirmation that the fees for the suit were paid by a comrade in Anti-Imperialist Prisoner Support. We no longer need people to contact the judge, but are still collecting postcard signatures and can use your help.]
[NOTE: At the end of this article the author asks you, the reader, to contact the Judge about the TDCJ blocking court fees for a prisoner’s lawsuit to fight censorship. This is part of an ongoing campaign. We are also asking people to print and gather signatures on postcards that you can download from the campaign page along with fliers to use in outreach around this campaign to oppose political censorship in Texas.]

When i initiated the Juneteenth Freedom Initiative, and the fliers for that action began to find their way into every prison in Texas, Allred Unit’s Warden Jimmy Smith commanded the unit mailroom supervisor to place me on a ‘Watch List’, purportedly to provide a greater level of scrutiny to my outgoing mail.

This measure first began to circumvent communication between cadres and myself throughout the state. The state has policies and courts have upheld bans on such communications under the cloak of a fear of gang organizing.

The Watch List measure began to intensify as all reading material was made to go through a months long process of scrutiny. Texas has a part of its Mailroom Operations policy, that they need not announce to a prisoner when a publication has arrived at the unit, even when it is subject to further review. This results in reading material being sent and one not knowing of its existence until it is officially denied. At the point of denial, We’re supposed to be allowed to appeal through the grievance procedure. What i’ve experienced however is that the unit grievance investigators don’t allow me to grieve a Director’s Review Committee decision. My battle with the UGI subsequently slows up the exhaustion of administrative remedies.

Eventually, the Watch List measure intensified to the point that ANY material from MIM(Prisons) was purportedly denied at the command of the DRC in Huntsville. This political police tactic is what led to the state-wide censorship of the Revolutionary 12 Step Program. The 12 steps are anti-drug abuse and anti-reactionary program that is definitely needed in the Texas prison system. The state has upheld this censorship with the bland statement, ‘may incite inmate disruption’.

In recent times Texas has made national headlines due to the governor’s reactionary policies that repress social and political narratives that counter dominant narratives and positions. That trend at the tarnishing of First Amendment so-called rights has made its way into the Texas prison system.

To understand how this has occurred one must have knowledge of connection, the family tree of repression if you will, that connects Jimmy Smith(Allred Warden), Brenda Kelley(Allred mailroom supervisor), Tammy Shelby(Mailroom system coordinator’s panel-chair), and the DRC, to Texas’ highest levels of government.

When a governor is elected in Texas they appoint people to the Texas Board of Criminal Justice. The TBCJ is charged with making Board policies, revising them, and thus make the overreaching rules and regulation that determine the day-to-day lives of over a hundred thousand captives.

The Governor also appoints the Director’s Review Committee (DRC), which is charged with, among other things, determining the content that can/cannot enter or leave prisons. The DRC is the ultimate authority on matters of denials of mail, publication, visitation.

We should be asking the questions: Where is the transparency, and democratic decision making in the selection of TBCJ and DRC officials? These positions are handed down to careerist politicians who’ve made their living on the backs and misery of the prisoner class and Our families. In the future comrades must organize an outside force to force Texas to remove the veil between these backdoor chambers of power and the common public. We need readily accessible information on these so called public officials and representatives of the people.

So We have a clearly reactionary governor whose appointed a clearly reactionary Board and review committee. In Texas the only way to overturn a DRC decision is through litigation, and therefore most censorship bans last indefinitely.

While Jimmy Smith and the other prison careerists play prison politics, in an effort to quell dissenters and self-determination and self-activity of the prisoners, there is a fatal drug wave crushing Allred Unit. As i write this in late October 2022, 7 prisoners have died this month due to overdose.

The Revolutionary 12 Step Program is currently at the point of training cadres to be able to facilitate the program at their locale. The censorship of this program, in conjunction with the indefinite solitary confinement of many cadres, act to circumvent what could otherwise be a highly effective and influential peoples initiative. And therein lays the problem, at least from the administrator’s perspective, they seek to circumvent the rise of any influence among the prison population. Instead of differentiating between types of influence, their practices put a blanket on ALL influence and influential people or initiatives among the prisoners, and seeks to disrupt them.

Of course this can’t be done totally, and what results, as what resulted in previous generations of the Prison Movement, is that the mass influence of the prisons and prisoners falls in the hands of the most reactionary prisoner forces. The admin elects to deal with the lesser of two ‘evils’. It has seen that the reactionary forces are easier to contain, to appease, to divide and conquer, in contrast to an awakened, drug free, unified and determined population.

Active political prisoners and prisoners of war are the exemplary prisoners among the masses. They are leaders. Texas’ desire to conserve ideological, and social hegemony over the population has and will continue to cost people their lives.

In the civil case, Owolabi V. TDCJ Allred Unit, et al., 7;22-cv-00094-0, one such political prisoner has challenged political censorship of the Revolutionary 12 Step Program, and other communist, revolutionary nationalist, anarchist, and abolitionist materials.

The sitting Judge, a George W. Bush appointee, for the US District Court of the Northern District of Texas is Reed O’Conner, who has a reputation as a highly conservative Republican reactionary. O’Conner has moved to dismiss the case, not on the basis of the case alone, but due to prison officials withholding and delaying the processing of the check for court fees. Unit prison officials have ignored the plaintiff’s request to have the check processed. The Plaintiff has informed the Judge O’Conner of this problem, and filed a motion for extension, the court has yet to respond to the plaintiff’s motion.

We’re asking all those among the public who have an interest in stopping political censorship in Texas, to contact the Court, inform Judge O’Conner and the Clerk of the Court that the Allred Unit is refusing to process the check for court fees.

Contact info for the court is here: https://www.txnd.uscourts.gov/judge/district-judge-reed-oconnor

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[Organizing] [Struggle] [United Front] [ULK Issue 79]
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Wanna Start a Non-Profit? Publish a Book? Read This.

I’m currently in the process of trying to start a non-profit organization to shed some light on the corruption that’s currently taking place in the Florida Department of Corrections and I was hoping that you guys can connect me with some people or provide me with some material to assist me with laying the foundation of this non-profit organization that is guaranteed to last for generations to come. I’m actually currently writing a book that goes into depths about some of the things prison officials have been doing to prisoners in Security Housing Units and I’m planning on using the book as the face of the non-profit. It’s just hard finding people to assist me with this organization, which is why I’m reaching out to you guys in hopes that you guys can assist me with this matter, because it’s time the people of society become aware of what’s currently taking place in the Florida Department of Corrections.


MIM(Prisons) responds: We want to express solidarity with this comrade’s mission to expose oppression in prison, that is one of the goals of the independent institutions Under Lock & Key and prisoncensorship.info, that have been consistently exposing this abuse across the country since 2007. We also agree with the focus on what is going on in the SHU/Ad-Seg/solitary confinement torture units that our movement has campaigned to end for decades.

We want to respond to this comrade publicly though to discuss some points of how to effectively expose these atrocities, and more importantly how to effectively stop them.

We also want to address everyone who has written us for help with or just plans for starting a new non-profit, and everyone who has written to us about their new book they want help promoting. We’ve received countless letters of both types in recent months. So we want to make a couple things clear.

If you wrote a book and you haven’t been doing it as part of your study with us over the years, we’re not going to publish it, we only publish Maoist literature. Similarly, we aren’t going to promote the book you already put out, we only promote Maoist literature.

If you’re trying to start a new organization, first we will refer you to our congress resolution from 2011, that reads in part:

"We only work to build two organizations at this time: MIM(Prisons) and USW. The only organizing group we run for prisoners is the USW leaders group, and even that is mostly done through Under Lock & Key for efficiency and to reach the masses with info on USW work.

“There are only a few conditions that would merit launching a new prison-based organization: [in short, you disagree with MIM(Prisons) cardinal principles, you are migrating an existing lumpen org to become a revolutionary org, or you are building a single nation org]”(1)

This resolution is targeted more towards independent revolutionary organizations. The comrade above, and many others, write to us about starting non-profits. In short, and in general, non-profits use institutional money to fund jobs for people to do reformism who might otherwise fight for real change. Now, we will admit some non-profits do good work. You will see us cite the work of groups like the Prison Policy Initiative and the Human Rights Defense Center/Prison Legal News over the years. In fact, HRDC does a lot to expose the Florida DOC, so we must ask our comrade from Florida, why not just work with HRDC? Why waste all that effort to create a new group that has the same goal when it’s so hard to find supporters? It could be that your strongest supporters already have an org.

Alexis de Tocqueville, writing in the the mid-1800s, commented on how Amerikans create a new organization for everything. Probably something about our crass individualism in this country. This is being amplified today with the internet, where individuals can create online persynalities that feign to be projects or organizations. In these cases they often rely on the cult of persynality, and sometimes become actual cults.

We must question the motivations of people sometimes. Do you want to end oppression, or do you want to create a project that is yours? If you want to end oppression, what do you think the thousands of other organizations out there all got wrong that you need to form a new one?

The only way we will be effective in real change is to unite more forces, not by dividing into more and more little cliques and narrowly-focused non-profits. And while we can ally with and find useful the work of some non-profits today, we must grow the Maoist movement to be able to do the things they do under Maoist leadership to have a greater impact.

We know most of our readers just want to reform the prison system. If that’s where you’re at politically, by all means, join a non-profit. And we are happy to ally with you in battles against things like censorship and solitary confinement. But we know, based on our study of history, that only by completely overthrowing imperialism and building socialism through constant class struggle can we ever hope to end the oppression that certain populations face today in Amerikan prisons. We do not promote books or build organizations that hide this fact. And we work to win over reformists to the revolutionary road through struggle against the state and demonstrating the limitations of efforts that do not actually seek to build power to overcome imperialism.

Notes: 1.MIM(Prisons) 2011 Congress Summary and Resolutions

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[Economics] [First World Lumpen] [Struggle] [Theory] [Culture] [ULK Issue 79]
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Conquering My Demons

“(We) MIM Should not excuse behaviors that could have been avoided with asexuality. It must weigh the costs of being non-sexual.” - MIM Theory 2/3

Transforming the criminal mentality into a revolutionary one means also fully confronting bourgeois culture, morality and its justification for the existing society, i.e. bourgeois rule. This bourgeois mentality also includes things that aren’t necessarily “criminal” but definitely constitute crimes against others and from a proletarian perspective and for our aims is at the very least counter-productive if not counter revolutionary. Sadly, as Wiawimawo stated, due to us being products of this decadent society we all enter the Revolution with some amount of sickness. Some suffer from drug addictions, some selfishness and extreme individualism, others idealism, patriarchy or even out right misogyny, e.g. “Fuck a Bitch” or other forms of sexism. Most “criminal” lumpen glorify gangsterism and are quite infatuated with gang culture even when pretending to be about unifying the block…. But regardless, we all enter the revolutionary process with ways of the “old society” especially since it hasn’t gone anywhere.

The above quote is from a Comrade who ultimately died due to a lifetime battle with drugs. Yet this is a quite Revolutionary and apt quote and this comrade’s life is also apt for this discussion as it shows no matter how advanced we become and even how authentic our walk, we will always be confronted not only with the broader bourgeois society and its fucked up music, culture, morals, world out-look etc etc ad nauseam. We still are likely to have to confront and check our own bourgeois demons. But the above quote could be applicable to revolutionary Walkin’ in general if any of our behaviors could be avoided simply by avoiding self-indulgence if our goal is truly revolution then we should practice abstinence in that regard whenever possible.

I personally have never came to jail sober and have done all manner of anti-social behavior “under the influence” since I’ve been in prison I’ve yet to get drunk. For me this was so stark it was no choice at all. Additionally other counter-productive behaviors were also not so difficult for me to conquer or at least consciously struggle against. Yet for all my talk I was quite chauvinistic and I’d say misogynistic in actual practice and this is something I’ve struggled with since I was in elementary.

There was a time when I rationalized my misogynistic behavior – I’ve now come to believe this had a lot to do with my inability to conduct consistent communist practice – however, I’m now quite clear that this is simply lumpen and its kissing cousin petty bourgeois personification and practice and furthermore serves only to strengthen counter revolution.

I am not too hard on myself for this late transformation however – every single day in this decadent society we have to swallow, weigh, witness or consciously wrestle with all manner of bourgeois bullshit. Life may be good but this world is truly a nightmare. In these death camps, in a real concentration camp, in slave quarters, in an immigration caravan, in dark alleys and hallways thrash out this imperialist dominated world what people must go through especially when there’s no real struggle to resist and defeat this oppression (as proven by amerikkka’s nuclear bombs) even shadows get burnt… yes shadows were literally burnt into the ground.

Yet I’m now quite clear on my need to confront this as it is simply another tool the state can use to divide, dismiss or exploit real revolutionary work. This always makes me think of focoism, its attraction is “to go out on a high note”… I understand this quite well. I also think this is why lumpen and petty bourgeois youth in the semi-colonies often have a hard time with revolutionary ideas, party’s and practices as all they know is immediate release, this in addition, is why so many Rev’s succumb to self-obsession or self indulgence’s. But once I accepted this is simply lumpen/petty bourgeois bullshit behavior it was easier for me to confront it as any good homie, friend and especially “comrade” should know s/he is not only a reflection of the community, party, professed ideas etc he/r can also undermine, expose or bring harm to he/r person, community, or just their ideas which for a revolutionary communist must be unacceptable.

I speak in general terms because specific failures, flaws, addictions or internalized petty bourgeois (wanna be big bourgeois) bullshit isn’t new to the movement and once I realized how destructive (counter-revolutionary in fact) my failure to totally transform and practice my all too parroted “self discipline” – something as stated I’m quite adamant about “Walkin my walk”… Yet I gave the enemies a free tool to use against me and against us – again I do know why for some focoism is a “natural release”… working w/ ideas and for “long-term goals” especially in isolation of an active movement has been the death of many good Rads and whole collectives especially where self-discipline requires we police things that we once considered quite natural or even which is common practice for others but the state has made it taboo for us.

I read an article in The Abolitionist (Summer 2022) where a captive was released and days later his parole agent came to place an electronic monitor on his ankle which he knew would be a condition of parole, but still days later after she placed the “E.M.” on him she called and explained he will be allowed out the house 6:00am-10:00am and this should be plenty of time “For you to handle your business”. I couldn’t help but think how after 10:00 it would be unlawful to walk to the corner store or park, to go to school, work, to date, build community ties etc etc and how his actions will be a reflection of larger class forces and struggles where if he failed it would set back the opportunity for someone else to be released on “E.M.” supervision and to succeed he would need all the self-discipline in the world not to look out the window at 11 see a friend or interesting person come outside to talk and walk with them to the corner…I imagine all the lawful things a Jew in Nazi Germany or slave in amerikkka was forbidden.

Amerikkka exploits and sanctions the world so its unlawful to aid Cuba, to encourage oppressed people to keep their resources for themselves, to disrupt military supply chains or even expose what the government is doing to the public. On 22 August 2022, KPFA Radio’s “Letters and Politics” had a canadian Marxist scholar on who the host asked “isn’t it an advancement that we have a better life thanks to capitalism?” (this was the gist) The Marxist scholar replied “Yes”(even under the new mode of production we don’t want to lose those “freedoms”) and conceded this as advancement. Yet I contend both the host and this Rad suffered from self-deception. I think Huey’s “intercommunal” line was bullshit – to say nations don’t exist – but capitalism has infact now transferred and transposed the class struggle from core countries to exploited countries largely on the global south so whole countries live the bourgeois life to one degree or another, and the proletariat is now largely confined to their own powerless “nations.”

So for so many others they make do with left over bourgeois scraps. I saw a documentary a while back about how the U.$. was sending its plastic and metal scraps to the Third World as part of its neo-liberal deals with them – just as now Biden can promise less greenhouse gas from U.$ corporations “in amerikkka” but will never say they can’t offset this by reckless disregard for the oppressed nations. Part of the question to the canadian Marxist was also a statement that slavery is no more “thanks to capitalism” to which the Marxist agreed, hence his statement we don’t want to lose those “freedoms” but slavery very much exists outside of the “shiny city on the hill”, outside the gate they root through U.$ trash like pigs looking for mushrooms, women still are very much oppressed and yes slavery, I repeat, still exists. Yet they’re always judged by the standards of the exploiters and defenders of the city gates who gladly lower the drawbridge for the returning army with its war booty.

I stopped drinking because I get drunk and have no inhibitions, no fear and no rationalizations. Likewise I wrestled with self-indulgences “because they were denied” and I too have absolutely no respect for the enemy. Even when drunk I’ve never intentionally hurt anyone I loved, never fought my friends, never stole from loved ones etc, but not so for a perceived enemy, or if I felt I deserved something, or revenge was called for. All this was obviously before I became a revcom. But I know where it all came from and what it represents, its lumpen/petty bourgeois sentiments struggling with social, dictates that “I’m nothing,”“We’re nothing,”“You can’t have,” “You don’t deserve,” etc etc. But I know, because I couldn’t control it, I’d have to leave it alone. So now I’ve arrived rather late, at a similar conclusion of another thing I must deny myself due to how it can never be a resolvable contradiction (for me). I think it was jesus who said (according to grandma’s bible) that if your right eye causes you to sin cast it out. If a revolutionary could paint the mystical soul it would be a macabre creature… stitched and resewn on wings, scars, busted knuckles etc etc.

I am quite clear on a few things and the utter failure of capitalism-imperialism and its rule is one of those things that I have much clarity on. Will I slip up? will it be as easy as alcohol for me? will the enemy be able to conspire against me? will there ever be any normalcy in my life? will it always be ad hoc salvaging? will revcoms ever beat back lumpen/petty bourgeois culture and ideas to be the undisputed voice for the semi-colonies? I may never know these things we may not like all the answers to those things, but I’m quite sure there’s millions of people who like me will never forgive this system for what not only it’s done to the world or ourselves but the choices and contradictions we’ve been forced to wrestle with due to its rule and its utter disregard for our humanity will never be forgiven and whose dogged focus is to bring about a Revolutionary Communist World.

Amerikkkan media feels compelled to state each and every time election talk is brought up that it’s the “Big lie” to claim it was stolen and to be unequivocal about Putin and Russia’s invasion as to the cause of the war in Ukraine and to be clear on the need to support Ukraine’s effort to win the war, it makes sure it always says it was a coup attempt on Jan 6 and that Amerikkka is a democracy. All this because truth is important. One of my favorites is Ben Fletcher who is a petty bourgeois radical who says it’s right to defend Ukraine simply because its unlawful. I wish I could search his writings talks etc but I’d wager dollars to donuts he has never said arms should be shipped to Palestine to defend against or push out Israeli troops, not even New Afrikans should arm themselves to fight back when pigs kill us nor although he says he said it was wrong to invade Iraq etc I’d bet he never said Iraqi’s should be aided to kill U.$. troops or he or any “leftist” in KKKville should support the counter-insurgency I’d bet had he and his ilk done so it would’ve had an effect on secular forces so now only Islamists are given a voice and many even long for the klan to return.

The labor aristocracy and other layers of the bourgeois here are quite in lock step. The only questions are which bourgeois party will win elections or steal them. We are looking at fascist forces, wars, possible world wars, environmental devastation, national oppression and we daily witness the consequences of what having a shining city on a hill entails and what it forces on others to do to survive not being a part of the in crowd, but this is no one’s concern and misleaders like the media or “Labor Leader” Ben Fletcher can only parrot Democratic or anti-Republican talkin’ points and even so called communists or at least “Marxists” can not see beyond bourgeois horizons.

For these reasons we must shore-up our ranks and connect with the broader proletariat movement. As its quite clear we will be in the wilderness for sometime, only practice and work will forge us ahead and conquer our bourgeois and lumpen demons. We can not be idle, not in prison, not school houses, not under capitalism-imperialism. They’re not idle. Steel sharpens steel. Proletariat morals and practice forever taken to a new level. These last paragraphs are not a mis-step; I contend we defeat our demons when we keep bourgeois morality clearly juxtaposed to proletariat morality and ideology. They currently are running laps around us here in amerikkka. Most people can conceive of “the end of the world” but can’t conceive of a New World with new social relations and a new mode of production that they themselves must work for and this is our failure to own.

Yet in this answer we can show a new type of Revcom responsive to the extensive body of work of real Maoism and revolutionary practice. Unbroken macabre spirits on display and in motion will never win over someone like Ben Fletcher the Mis-leader, nor bourgeois media but we can clearly show the dividing line between bourgeois (lumpen included) and revolutionary-proletariat-feminist-nationalists. This could be quite a powerful thing, and because there’s larger forces at work, if nothing else, self-discipline and revolutionary “consistent” practice at the very least may deny the enemy another victory.

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[Rhymes/Poetry]
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Reflect!

Life’s purpose works us unmercifully.
The first degree is knowledge of self.
The repressed anger dangers everyone around.
The compound is stilled, lockdown!
The wild sounds in between their ears
Are quieted by a cell.
The hell in the mind tortures through silence
The obvious is far fetched till it hits home
The zone of protection lies in the hands of another,
My brother.
Gun in hand,
He stands for a heavy hand of justice
But homie its just–us.
The price of fame is to become lost.
To lose myself is to gain.
I stand here today for my life’s purpose.
The words hurt more than any sword.
No guard or judge can protect you from life.
No strife or burden can protect you from your heart.
From now till your ending,
Are you living your life’s purpose?

 Think!!!
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[Rhymes/Poetry] [First Nations]
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Warrior's Feet

  Within the memories that I keep,
Is a warrior’s pride,
Listen close and hear the beat,
Of my heart inside.

  For in my soul the sound of thunder
Echoes from the past,
To fill your life with the wonders,
Of shadows that I cast.

  Because I walk with warrior’s feet,
Left from those before,
All I have to do is seek,
Our ways within my core.

  Ancient blood runs through my veins,
Knowledge that is vast,
All the heartache and the pain,
Oppression that still lasts.

  Reservations are just a jail,
Built without a wall,
To keep us all within a cell,
Except for gaming laws.

  But gaming laws are just a ploy,
So we fight each other,
The privileged few become a toy,
Forgetting we are brothers.

  There’s many Nations that never signed,
Any peace accord,
Now it seems we cannot find,
The way we lived before.

  United we must try to stand,
Divided we will fall,
But as I walk upon this land,
I will never crawl.

  The government will make us pay,
Just to take our rights,
But its a game I will not play,
I would rather fight!

  I’ll walk with ghosts of my past,
Our war will never end,
Within the shadows that I cast,
The ancients live again.

  When I breathe they come alive,
Their hearts will beat with mine,
Even when I finally die,
Peace I will not find.

  From within we’re torn apart,
For paper that is green,
Forgetting where we get our start,
On paths and mountain streams.

  We lost our way through the years,
Blinded by the games,
Losing sight of all our tears,
And our elder’s pains.

  But if they came alive today,
Would you stand with pride,
Or would you run away that day,
To hide the shame inside?

  I refuse to surrender or ever fall,
Accepting our defeat,
So I will stand up straight and tall,
And walk on warrior’s feet!!!

(P.S. This is about how the government puts us against each other through the gaming laws and blinds us with bullshit!)

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[Censorship] [Abuse] [Legal] [Grievance Process] [California] [Florida] [ULK Issue 79]
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California Move to Digitize Communications Impedes Civil Rights (after Florida Just Did)

The truth has finally out come from the darkness and into the light: people housed within social isolation by the U.$. criminal justice system are not considered persons protected by the U.$. Constitution, international agreements against torture, or Human Rights. States across the United $tates are actively deploying systems and protocols that suspend persons held in custody, in social isolation from Amerikan society, away from the protections of law, due process and order.

The criminal justice trend is to eliminate prisoners’ freedom to use and access Postal Services. It’s like the U.$. Postal Service has entered into a private agreement with the criminal justice system to deny mailing services of the traditional sense from all imprisoned.

Correction departments across the U.$. have engaged in concerted acts of sedition, substituting systems disguised as fun helpful tablet gadgets and video visitation programs for actual social interactions. Gone are the days of free assembly/press/congregation and religious exercise. Now persons are free to shut up, and be retaliated against for even hoping to benefit from the protections of the U.$ Constitution’s freedom of speech.

Even the freedom to grieve against the state has been frozen. In California it is being done under the departments decision to cease classical mailing processes for email services made available by the Global Tel Link security corporation. CDCR is planning to phase out all traditional mailing services in exchange for heavily restricted online access.

The move by CDCR involves outsourcing labour facilities and redirecting institutional service agreements to security bonds controlled by state agencies outside of the department’s jurisdiction, for example, the Department of Health and Human Services. The moves are being made under the cover of darkness, better yet the cover of claims to public safety, and the Center for Disease Control acts as the shelter. All in the name of mental health and hospitality for Amerikans with disability? From prisoners of circumstance to residences of outpatient facilities too doped out of their minds to even know the value of a traditional letter.

CDCR has began phasing out traditional mailing services using its Inmate 602 Grievance Procedures, institutions have eliminated traditional answering and mailing procedures for residence. Not only does the department rely on a new SOMS computer scanning system that forecloses any original writings and supporting information attached to an Inmate grievance, but it is enforcing computer software coding, by way of its Global-Tel Link tablet emails, that requires California prisoners to email grievances. This last part connects to the criminal justice system in the late requirements of U.S District Courts in California for 1983 Civil complaints filed by prisoners be done via email. If an individual can’t even write a simple complaint any longer, it begs to question what is the U.$. standing in justice?

Technological advances are all good and all, but are the residence of these penal institutions still citizens of the United Snakes of Amerika? Or does their custody lie somewhere else?

It is important that the public be aware of this very serious dynamic between themselves, the state and those in custody of state agencies like CDCR. The state is allowing for those in the custody of CDCR to be stripped of their civil rights and it all is being done in the name of the people, under the color of law. Silence is not an answer to the claims set forth against the people.


MIM(Prisons) adds: Prison Legal News (PLN) just reported some interesting stats following the Florida Department of Corrections completing its move to digitizing all regular correspondence. They found that 1% of the contraband found by the Florida DOC was through routine mail. Meanwhile, in July 2022, the Legislative Finance Committee noted that after New Mexico shifted to digitized mail there was zero effect on the amount of drug use in their prisons.(1) These statistics back up what we’ve been reporting on anectdotally for years – that mail restrictions and visitation shut downs have had no impact on the influx of drugs into prisons across the country.(2)

According to PLN prison systems and jails in 27 states have switched to digitized mail. With California gearing up to follow suit, it seems the tides have shifted in that direction.

Like body cams, some prisoners have asked for digital grievance systems so the C.O. you submit it too can’t just drop it in the trashcan. Otherwise, we agree with this comrade’s concerns. Social isolation is a violation of basic humyn rights and humyn needs. Visits, phone calls, letter, photos and cards are a must for any system that hopes to rehabilitate.

Notes: 1. Kevin Bliss, 1 September 2022, Florida Now Digitizing Incoming Mail for State Prisoners, Prison Legal News September, 2022, page 48.
2. A Texas Prisoner, March 2021, TDCJ: Your Staff are Bringing in the Drugs, and it Must Stop, Under Lock & Key No. 73.

Prison Legal News
P.O. Box 1151
Lake Worth Beach, FL 33460
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