Under Lock & Key

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

I’m attacking the “Heat Sensitivity Scoring (HSS).”

We feel that being classified as “Heat Sensitive”, which requires a cool-bed housing assignment, is a medical treatment and a medical diagnosis. A diagnosis that you should be able to choose if you want the “treatment” or not. We have a right to refuse medical treatment but they will not let us opt out of this “classification” and will not explain how this “Heat Score” was calculated.

The best information I’ve gotten on the Cool-bed litigation came from Nell Gaither at the Trans Pride Initiative PO Box 3982, Dallas, TX 75208 (214) 449-1439, tpride.org. She copied and pasted Document 59-2 from Sain v. Collier 4:18-CV-4412 and I had her letter entered in my case. It is a 4 page letter and you can buy it for $0.50 per page from the Clerk in the Western District, Austin Division @ 501 W. 5th St., Suite 1100, Austin, TX 78701.

TDCJ makes First Nation practitioners take a religious knowledge test before they will approve them for a Designated Native American Unit and if you can’t pass the test you can’t meet with clergy or attend ceremonies, etc.

I was shipped off of my Designated Unit and put in High Security in Allred because I was “Heat Sensitive.” SO they denied me of my religion due to my health conditions and wouldn’t tell me I had to re-take the test to re-apply for a Designated Unit (which is unconstitutional). Anyway, what they’re really doing is shipping [lawsuit/paperwork] filers off to high security claiming they are “Heat Sensitive.”

If this happens to others, all they need to do is contact the Chaplain and apply for a transfer to a Designated Unit again. They will have to take the test again as is TDCJ Religious Policy AD-07.30 policy number 09.02(rev3)p.1 &2 and policy 09.02(rev2) Attachment A.

We are looking to do away with this unconstitutional religious discrimination and teach our own religion. TDCJ’s text is based on Lakota religion and there are no Lakota tribes in Texas, so it is difficult to get Native Chaplains willing to teach a religion that is not their own.

People are fired up about ULK 78! I’m going to be ordering all of my grievances to send to TX Prison Reform. Thank you Triumphant of T.E.A.M. O.N.E.! for the good info. I’ve already ordered my grievances, I have 56! You can purchase them from the law library for $0.10 each.

Note to my Connally Unit comrades: As of 1 August 2022, TDCJ will no longer make legal copies, which is fucked up! I’m having to send my original documents through the mail to the court and hope they don’t steal my mail. Warden Rayford has banned inmate-to-inmate legal visits and there is no drinking water in the Law Library and no bathroom breaks. If you need to go to the pisser, your session is over.

No legal copies and legal visits hinders our access to courts, but I suggest sending an I-60 in and getting a denial on paper even if you don’t need a jailhouse lawyer. Then, if you loose your case you can say this was because you didn’t have your “helper.” Johnson v. Avery, 393 U.S. 483, 490(1969) says you have a right to get legal help from other prisoners unless the prison “provides some reasonable alternative to assist inmates in the preparation of petitions.” And if they are still retaliating after that, make sure you got a lot of witnesses. It is a federal crime for state actors (the prison officials) to threaten or assault witnesses in federal litigation 18 U.S.C.§1512(a)(2).

Thank you for sending the extra copies of ULK 76. Please always send extras, I will distribute proudly! I noticed in ULK 76 that others were suing Dale Wainwright with the Texas Board of Criminal Justice. I am doing the same, because the Board sets policy for TDCJ but I just got a letter back from the Board which shows the Chairman to be Patrick L. O’Daniel.

For now I’m going to keep Wainwright named in my suit because I don’t know how long this other chap has been holding down that job and Wainwright is responsible for maintaining policy that violates my rights.

We Native American practitioners have to take a religious test to be able to attend our worship services and to be transferred to a “Designated” Native American unit but one of the reasons they have listed that they may deny you transfer to a Designated Unit due to your health or a “medical condition”, which “may preclude eligibility for re-assignment” (Policy #09.02(rev.2) Attachment A). I suppose it’s policy such as this, that violates the Americans with Disabilities Act, that Lumpkin and others use to justify keeping me in “cool bed housing” and mistakenly think that they don’t have to provide cool bed housing on these “Designated Units.”

14 October 2021 – Fifty five people were arrested for occupying the Bureau of Indian Affairs(BIA) with demands that the Bureau be abolished, that blood quantum be abolished and that the United $tates stop extracting fossil fuels from native land. Siqiñiq Maupin explained the purpose of the action on Democracy Now:

“The BIA was created to erase Indigenous people. It has always been against us. And today, or yesterday, and every day, we demand that it be abolished. We do not need a blood quantum to say how Indigenous we are or to qualify that. We know our Indigenous ways to protect this land, this Earth, this water. And we understand that the Earth is unbalanced. And we do not have time for negotiations, for compromises. We need to take this serious and take action now.”(1)

Indian Country Today reported:

Tobacco ties hung on locked doors. No one could get inside or outside. Everyone outside of the building looked through the windows of the doors to see what was happening inside and could hear demonstrators yelling.

Some security personnel were injured and one officer was taken to a hospital, according to an Interior spokesperson.(2)

In Washington D.C. the week of Indigenous People’s Day has been marked by indigenous-led civil disobedience actions, calling on President Biden to declare a climate emergency and stop approving fossil fuel projects. It began on Monday with the slogan “expect us” being written on the statue of Andrew Jackson in the U.$. capital. Over 530 climate activists have been arrested so far.(1)

This is occurring after President Biden issued the first presidential proclamation of Indigenous Peoples’ Day on October 8th, along with an announcement to preserve lands important to native people.

In 2017, President Trump re-opened up a number of recently created national monuments for resource extraction, cutting the size of the Bears Ears National Monument by 85%. Biden reversed Trump’s move, reestablishing the Bears Ears and Grand Staircase-Escalante monuments in southern Utah, more than 3.2 million acres – an area nearly the size of Connecticut.(3)

While President Trump declared genocidal Andrew Jackson to be his favorite president, President Biden was the first president to recognize Indigenous Peoples’ Day. This symbolizes the conflict within the Amerikan ruling class, and the white nation as well, in how to deal with the oppressed internal semi-colonies today. Biden’s multi-culturalism is friendlier, and even makes real concessions like preserving land important to native people. But as Biden himself said, it was the easiest thing he’s done as president. And it was just as easy for Trump to undo those designations during his tenure, leaving native people at the whims of the white man again.

As communists we strive for the resolution of this national contradiction via the project of liberation for all oppressed nations and their land once and for all, not waiting and hoping for one slightly friendlier sector of the oppressor to win out. The ongoing struggle for First Nation land liberation is tied to the struggle of all oppressed people for liberation. It is not surprising that the nation that ultimately waged a settler war for hundreds of years to seize this land is now the primary force keeping oppressed people down around the world. We have seen the limits of euro-Amerikan peace offerings.

<sup>notes:
1.Democracy Now, 15 October 2021, “People vs. Fossil Fuels”: Over 530 Arrested in Historic Indigenous-Led Climate Protests in D.C.
2. Jourdan Bennett-Begaye, 14 October 2021, Indigenous demonstrators make statement at Interior, Indian Country Today.
3. The Associated Press, 7 October 2021, Joe Biden restores sacred Bears Ears</sup>

In the advent of the COVID-19 pandemic, the glaringly ugly nature of amerikkkan exceptionalism and arrogance has been on full display. The simple and non-threatening acts of staying home and/or wearing PPE (masks) have become rallying points for reactionary patriotic elements. For this reason, occupied Turtle Island has become the world leader in COVID cases even though the imperialist regime had ample time to prepare for the virus.

With this understanding, it is only logical that people cannot rely on parasites and pigs to secure their health. It, like all aspects of our lives, is most effectively met by the people ourselves.

In May, Republican governor of South Dakota Kristi Noem threatened to sue the Lakota Nation or rely on the U.$. government to use violence to take down the Lakota’s Emergency Health Points on their home lands.

Due in part to fear of the negative reaction from Republican constituents and their mass base, as well as fundamental capitalist-imperialist unbridled greed, Noem refused to issue stay-at-home orders. Such ineptitude placed all South Dakota residents at risk, but especially our First Nation siblings and comrades as they’re a marginalized people.

In light of this development, and understanding the hystory of bio-chemical warfare and its role in the genocide of indigenous nations, the Oglala Lakota Nation pro-actively insulated themselves on the Pine Ridge Reservation. The Emergency Health Points ensured that outsiders couldn’t bring the new sickness (COVID-19) to their home.

The Emergency Health Points, allowed no one to come onto or leave Pine Ridge, unless it was an essential activity. Those going and coming were made to submit to a health questionnaire at the check points.

The Governor’s ultimatum was rightfully refused and the Lakota gave an official written statement, “you continuing to interfere in our efforts to do what science and facts dictate seriously undermine our ability to protect everyone on the reservation.”

The oppressive nature of imperialism continues to undermine the self-determination of First Nation peoples and oppressed nations generally. For this reason, and to work towards the goal of tearing down the imperialist system, New Afrikans and all oppressed nationalities within the imperialist centers must unite in the spirit of collective growth and internationalism, around our shared mission of self-determination.

Let’s not forget, that it is this same Lakota Nation which has been a thorn in the side of our shared enemy for almost 200 years. It was the Lakota, led by Red Cloud, Chief of the Oglala Lakota, who dealt the United $tates its first military defeat in 1868. In retaliation and due to ongoing resistance, it was this same nation who the 7th cavalry massacred at Wounded Knee on 29 December 1890.

Fast forward to the early 1970s with the siege of Wounded Knee and the following COINTELPRO carried out against the American Indian Movement and its supporters on and around the Pine Ridge reservation. This operation led to the political imprisonment of Oglala warrior Leonard Peltier. (An in-depth study of these events and the imperialists’ war on the Lakota people can be read in the book Agents of Repression by Ward Churchill and Jim Vander Wall available from MIM(Prisons) for $10 or work trade.)

With the understanding of the Lakota’s specific circumstances and their hystory of resistance against the occupying forces I call on all revolutionaries and people who respect the sovereignty of the First Nations of Turtle Island to raise your voices and shine a light on this issue. Being on reservations, our siblings and comrades are often hindered from garnering proper media attention or solidarity support. The mistake of past generations of oppressed nation fighters was that of failing to support each other’s causes in all aspects (militarily, economically, socially and politically). We end that practice now. In the spirit of true proletarian internationalism.

Clench fist salute to all the First Nation warriors who’ve not sold out the great War for freedom.

^{source: 1. The Five Percenter Newspaper, Volume 25.6, pg.10.}

In 1492, the European colonization of Turtle Island, which they'd call the Americas, began with the voyage of Christopher Columbus, in command of the Niña, Pinta, and the Santa Maria. This recon expedition arrived in the Caribbean and landed on the island of present-day Haiti and the Dominican Republic, which they named Hispaniola. In 1492, Columbus returned with a second, larger force, comprised of 17 ships and 1,200 soldiers, sailors, and colonists.

By 1535, Spanish conquistadors had launched military operations into Mexico, Central America, and Peru. Using guns, armor, and metal-edged weapons as well as horses, siege catapults, war dogs, and biological warfare, the Spanish left a trail of destruction, massacres, torture and rape. Tens of millions of indigenous peoples were killed within the first century. The Mexica (or Aztec) alone were reduced from 25-million to just 3-million. Everywhere the death rate was between 90-95% of the population.

For all native Americans, the coming of Europeans to the New World marked the beginning of a long, drawn-out disaster. Their cannons and rifles gave them the ultimate power to inflict their will on the indigenous people. Even as they learned from the indigenous people how to survive in their new environment, Europeans saw their own way of life as the only "true" civilization. Indeed, so powerful did the notion of European superiority become that today they celebrate the "Discovery" of the New World by European explorers. Too often, we forget that what happened in 1492 was not the discovery of a New World but the establishment of contact between two worlds, both already old.

Was the European, or "Western" way of life really superior? This question remains a subject of stormy controversy throughout the world. Much of the resentment against Europeans and North Amerikans expressed by people in the Muslim world, for example, is based on the history of invasion, conquest, and domination by Western powers, a subject to which our RAZA and ALL indigenous people in the Western Hemisphere are familiar. European invasion and settlement spelled the doom of indigenous societies.

Amerikkka has always been a hegemony, a term which refers to dominance or undue power or influence. A hegemonic culture is one that dominates other cultures, just as a hegemonic society is one that exerts undue power over another society.(Gramsci, 1992/1965, 1995)

Ideologies

A classic study of the emergence of an ideology was Max Weber's analysis of the link between Protestantism and Capitalism, The Protestant Ethic and the Spirit of Capitalism (1974/1904). Weber noticed that the rise of Protestantism in Europe coincided with the rise of private enterprise, banking, and other aspects of capitalism. Weber hypothesized that their religious values taught them that salvation depended not on good deeds or piety but on how they lived their entire lives and particularly on how well they adhered to the norms of their "callings" (occupations).

The most important norms in Western civilizations are taught as absolutes. The Ten Commandments for example, are absolutes: "Thou shalt not kill," "Thou shalt not steal," and so on. UNFORTUNATELY, people do not always extend those norms to members of another culture. For example, the same "explorers" who swore to bring the values of Western civilization (including the Ten Commandments) to the New World thought nothing of taking Indians' land by force. Queen Elizabeth I of England could authorize agents like Sir Walter Raleigh to seize remote "heathen and barbarous" lands without viewing this act as a violation of the strongest norms of her own society.(Jennings, 1975; Snipp, 1991) Protest by the indigenous people often resulted in violent death. But the murder of indigenous people and the theft of their land were rationalized by the notion that the indigenous people were inferior people who would ultimately benefit from European influence (the same ideology that justifies in their minds the wholesale murder of our Raza throughout the barrios of Aztlán by the police). In the ideology of the conquest and colonial rule, the Ten Commandments DID NOT APPLY (then or now).

So when you hear Trump making statements like, "Make Amerikkka Great Again!", make no mistake about it, what he is in fact saying is, "Make Amerikkka White Again!"

So in commemorating the Plan de San Diego, when asked the question, "What's this gotta do with me?" "Everything you're talking about happened a long time ago." RAZA, it has everything to do with YOU! It's time for the sleeping Giant to WAKE-UP! And say YA-BASTA! We have a rendezvous with destiny!

In this New Katun! This is OUR SIXTH SUN! As [email protected] growing up in occupied Aztlán. This is why [email protected] and Raza are discriminated against, marginalized and imprisoned at higher rates than Amerikkkans.

MIM(Prisons) adds: By the time this issue of Under Lock & Key hits the cell blocks across the United $tates, August will be upon us. In addition to the 38th annual Black August, commemorating the New Afrikan prison struggle, this August we mark the beginning of a campaign to commemorate the Plan de San Diego. This Plan called for a united front of oppressed nations living on occupied Turtle Island to take up arms against the settlers and reclaim land for the oppressed. If you haven't already, write to MIM(Prisons) to get Plan de San Diego fliers to distribute. The flier calls on [email protected] comrades to study, build with others, write articles, make art and develop [email protected] consciousness inside prison.

En semanas recientes hemos visto los vídeos ofensivos de colonizadores atacando a gente Indígena que están tratando de proteger sus tierras de la invasión y destrucción en su tierra natal de la Nación Lakotah. La resistencia ha unido a muchas personas de "First Nation" (Primera Nación) así como también muchos partidarios alrededor del campo Piedra Sagrada en la punta norte de la reserva Standing Rock. Este es el punto donde la Tubería de Acceso Dakota (DAPL por sus siglas en inglés), actualmente en construcción, se acerca a las actuales fronteras de la reserva. Esta semana, 200 personas se mudaron, a la isla que Energy Transfer Partners (Compañeros de Transferencia de Energía) reclama, colocando su campamento de invierno en el camino a la tubería.

En respuesta, Energy Transfer Partners le dijeron a la gente que estaban entrando sin derecho, que "el comportamiento ilegal no será tolerado." (1) No hay mejor ejemplo de cómo la "ley" puede ser una institución utilizada por el opresor para legitimar su poder. Cuando los colonos vinieron por primera vez a matar indígenas y a robar sus tierras, ellos declararon esta tierra "ilegal."

Los Lakotah Sioux están usando un dominio eminente para reclamar la tierra en cuestión como se establece legalmente en su tratado de 1851 con el gobierno de los Estados Unidos. El presidente de Cheyenne River Sioux Harold Frazier se reunió con el Presidente Obama, y con el Abogado de la Oficina de Gobierno para discutir su campaña y la represión policial desatada sobre protestantes pacíficos. Frazier relató una conversación que tuvieron:

De nuevo, la farsa de lo que es la ley de los colonos Amerikanos se presenta ante nosotros. La Tribu de Standing Rock Sioux organizó el Primer consejo de Tratado Internacional del Hemisferio Occidental del 8-6 de Junio de 1974. Esta reunión fue honrada en 2007 en otra reunión donde la República de Lakotah declaró soberanía, reclamando mucha de la tierra a través de la cual la construcción de la DAPL está ocurriendo hoy.(2)

Las personas indígenas en Norteamérica siempre han estado en las líneas del frente del movimiento anti imperialista. Ellos fueron las primeras víctimas del colonialismo y del capitalismo/imperialismo emergente en esta tierra. Su lucha constante para reclamar su tierra es central para la re-civilización de la brutal nación colonizadora de Amerikkka.

"America no puede existir sin separarnos a nosotros mismos de nuestras identidades."

La lucha comenzó en 2011, con una lucrativa propuesta de una compañía Canadiense para acceder a tierras tribales y transportar petróleo crudo al Golfo de Texas. Dicen que la construcción ayudará a crear trabajos permanentes, que el dinero dado a los consejos tribales ayudará a satisfacer las necesidades de las personas. En realidad, esta tubería creará un desastre ambiental. América nunca puede financiar su propia estructura, ¿cómo se puede esperar el mantenimiento de una tubería en las tierras tribales soberanas?

El problema no es sólo la tubería y toda la inmundicia que viene con ella. El problema es la total violación de nuestros tratados, y la falta de tratamiento de la auto-determinación y la Declaración de las Naciones Unidos sobre los Derechos de los Pueblos Indígenas. Esta tubería pisotea a los derechos humanos y prueba la ciudadanía de segunda clase que se les da a todas las naciones tribales, y personas.

Tomen en consideración como todos los portavoces del gobierno se enfurecen con cualquier violación de cualquier tratado otorgado a gobiernos extranjeros por el gobierno de Estados Unidos, ¿porqué son tan rápidos al descartar los derechos que se otorgaron a las naciones tribales?

Fuimos a la guerra por esos tratados. Si, es 2016 y todos los "indios" deberían funcionar como Amerikanos regulares, al menos esa es la retórico. Pero al iniciar un tratado se nos provee reconocimiento, y estipula acuerdos bilaterales que todas las partes deben honrar. Al menos, de hecho, que nuestros tratados sean sólo "pedazos de papel", y si ese es el caso, Rusia debería pasar por alto las resoluciones de la ONU con los Estados Unidos y bombear Israel. No es igual? El Artículo 6 de la constitución de los Estados Unidos y la cláusula piloto de 1888 dice lo contrario. Ambos reconocen el poder permanente de todos los tratados Indígenas y todas las Naciones Indígenas. Sólo porque los tiempos han cambiado no significa que las palabras también.

El gobierno de los Estados Unidos ha estado empujando a todas las naciones tribales al genocidio por los últimos 298 años. La pobreza, agua mala, aire contaminado, desperdicio nuclear, minas abiertas de uranio, alcoholismo, ninguna infraestructura de trabajo para empezar.

El suicidio entre hombres jóvenes se ha convertido en una epidemia. Solamente somos endulzados con palabras cuando los trabajadores del gobierno quieren sentirse bien, luego nos quitan a nuestros hijos, los llevan al lado del estado y los tiran a la "gente blanca" para que los civilicen — violando así otra ley federal, la Ley para el Bienestar del Niño Indígena.

Esta tierra significa más para nosotros que sólo una terreno para todo el pueblo tribal, igual que en 1848 cuando los Estados Unidos se unieron a todo Aztlán desde México y construyeron la frontera paramilitar más grande en el mundo, se esta haciendo mucho para separar a las naciones tribales de nuestras tierras. En 1973 peleamos y morimos por nuestra tierra. Si es necesario, marquen mis palabras, nos levantaremos y pelearemos de nuevo. Esta tierra es nuestra identidad. Tiene la sangre de nuestros ancestros, y la tubería matará a nuestra gente.

In recent weeks we have seen the offensive videos of settlers attacking indigenous people who are trying to protect their land from invasion and destruction in the homeland of the Lakotah Nation. The resistance has brought together many First Nation people as well as many supporters around the Sacred Stone Camp in the northern tip of the Standing Rock reservation. This is the point where the Dakota Access Pipeline (DAPL), currently under construction, comes closest to current reservation borders. This week 200 people moved onto the land claimed by Energy Transfer Partners, setting up their winter camp in the path of the planned pipeline.

In response, Energy Transfer Partners said the people were trespassing, saying "lawless behavior will not be tolerated."(1) There is no better example of how the "law" can be an institution utilized by the oppressor to legitimize their power. When the settlers first came to kill Indigenous people and steal their land, they declared this land to be "lawless."

The Lakotah Sioux are using eminent domain to claim the land in question as rightfully theirs based on their 1851 treaty with the United $tates government. Cheyenne River Sioux Chair Harold Frazier met with President Obama, as well as the U.$. Attorney's Office to discuss their campaign and the police repression being unleashed on peaceful protestors. Frazier retold one conversation ey had:

Frazier: "How can a non-Indian physically assault an Indian and get away with it?"
U.S. Attorney's office: "Well, that's on state land."
Frazier: "So does that mean if a non-Indian comes to an Indian on Indian land that the Indian could do it back?"
U.S. Attorney's office: "Oh no, you'd go to jail."(1)

Again, the farce that is Amerikan settler law is laid bare before us.

The Standing Rock Sioux Tribe hosted the First International Treaty Council of the Western Hemisphere from 8-16 June 1974. This meeting was honored in 2007 at another meeting where the Republic of Lakotah declared sovereignty, claiming much of the land through which DAPL construction is occurring today.(2)

Indigenous people in North America have always been at the front lines of the anti-imperialist movement. They were the first victims of colonialism and emerging capitalist/imperialism on this land. Their continued struggle to reclaim this land is central to a re-civilization of the brutal settler nation of Amerikkka.

"America cannot exist without separating ourselves from our identities."

The fight began in 2011, with a lucrative proposal from a Canadian company to access tribal lands to transport crude oil to the Gulf of Texas. The construction they say will help create permanent jobs, the money given to the tribal councils will help meet the needs of the people. In reality, this pipeline will create an environmental disaster. America can't even fund its own infrastructure, how can anyone expect maintenance of a pipeline on sovereign tribal lands?

The problem isn't just the pipeline and all the filth that comes with it. The problem is the outright violations of our treaties, and the lack of treatment of the self-determination and the United Nations Declaration on the Rights of Indigenous Peoples. This pipeline steps on human rights and proves the second class citizenship bestowed to all tribal nations, and people.

Take into consideration how all of the government spokespeople go ballistic at any violations of any treaties bestowed upon foreign governments by the U.S. government, why are they quick to dismiss the rights that tribal nations have been granted?

We went to war for those treaties. Yes it's 2016 and the rhetoric is that all "indians" should function like regular Americans. But by initiating a treaty it provides us recognition, and stipulates bilateral agreements that all parties must honor. Unless, in fact, our treaties are just "pieces of paper," and if that is the case, Russia should overlook the United Nations resolutions with the United States and just bomb Israel. Is this not the same? Article 6 of the U.S. constitution and the rider clause of 1888 say different. Both recognize the permanent power of all Indian treaties and all Indian nations. Just because the times have changed doesn't mean the words have.

The U.S. government has been pushing all tribal nations to genocide for the last 298 years. Poverty, bad water, polluted air, nuclear waste, uranium mines opened, alcoholism, no job infrastructure for starters. Suicide among young men has grown to an epidemic. We are just pandered to in words when government officials want to feel good, then they rip our children from us, take them state-side and throw them to "white people" to be civilized — violating yet another federal law, the Indian Child Welfare Act.

This land is more to us than just land for all tribal people, just as in 1848 when the United States annexed all of Aztlán from Mexico and erected the largest paramilitary border in the world, much is being done to separate tribal nations from our lands. In 1973 we fought and died for our land. If need be, mark my words, we will rise up and fight again. This land is our identity. It holds the blood of our ancestors, and the pipeline will kill our people.