The hard line confederacy (Arkansas, Florida, Georgia, South Carolina, Texas, Virginia) attack on prisoner's religious rights to hair and beards while incarcerated has led to a blatant case of perjury in the State of Arkansas, in an attempt to justify this religious repression.
In an effort to deny a prisoner his right to a beard as a Muslim, magistrate Judge Joe J. Volpe, U.S. District Court, ruled that while a prisoner has a right to his religious practices under the Religious Land Use/Institutionalized Person Act (R.L.U.I.P.A., 42 U.S. Code § 2000cc) the prison could overwhelm his constitutional rights if there was a credible, reasonable 'security penological necessity' to trample those rights.
In quick order, the District Judge rubber stamped this, once Ray Hobbs, the director of the State of Arkansas Department of Prisons, stated in a sworn deposition that he personally was aware of one single example of one type of dangerous contraband being smuggled, concealed in a prisoner's beard. (A long laundry list of horrors, which the state claimed 'may' be hidden in a quarter inch beard but not, presumably, elsewhere on the body, included cell phone SIM cards, knives, drugs, and homemade darts).
The U.S. Supreme Court will now take up this case. Last term, this court ruled (by the five right wingers) that corporations have religious rights that trump women's civil rights. ("Hobby lobby" case). Now, the same lawyers who argued for the corporation in that case, to create civil rights for non-living corporations, will press the prison's case to deny religious rights. The lawyers are specially appointed by the court that will hear the case. No one dares complain, after all, since to do so would be to attack the judges you hope will rule in your favor, as "biased."
In a bizarre twist discovered after the lower courts ruled based upon the sole example of a dangerous, and in this example deadly, razor blade smuggled in a prisoner's beard, perjury most foul was exposed. And it was dripping off the lips of none other than director Roy Hobbs, top good ol' boy in the Arkansas department of corruption.
Roy Hobbs swore that a prisoner named Steven Oldham smuggled a razor blade within his beard, and when the opportunity arose, he proceeded to commit suicide with that very razor blade. My goodness. How simply awful, and of course, how clear it is that beards are a deadly threat to security.
The magistrate, district and circuit judges all agreed.
Let's peek behind the perjury veil.
As was well known to Roy Hobbs, prior to and during his part in the conspiracy to defraud the courts, the razor that dealt the lethal wound was a bright orange plastic single blade item purchased by Arkansas Dept. of Corruption. This molded plastic unit with a steel blade encased within it was not ever suspected of being smuggled, hidden, or illicitly possessed. It was handed to the prisoner by prison staff, with orders to shave off his beard.
The lying director, desperate to manufacture even one tiny example of any kind of 'beard smuggling' to justify his blatantly racist attack on the religious rights of persons who, in the southern states, face a lot of this special treatment in prisons, had knowingly concocted this 'boogie man'. It worked. Only if the razor had been used against a guard would the fantasy incident have carried more weight with the tsk tsking judges all the way to the country's supreme court.
Roy Hobbs did the usual finger-pointing maneuver when caught red handed committing perjury, he blames everyone in the world for misleading him into stating he knows for a fact that which any cursory investigation reveals as false. In California, where I reside on death row, penal code §125 declares that when a person states under oath that which he does not know to be a fact, that is identical to knowingly lying. Even if the 'fact' happens to be true. That means, in this state at least, Roy Hobbs was guilty of perjury for stating as fact this 'razorblade in the beard' lie, even had it been true. Which of course, it was obviously not.
The country's highest court is now reviewing whether the 'security claim' by the prison director is sufficient to overcome a prisoner's religious rights. Even when the single faked security claim was blazingly criminal perjury. This should be an opportunity for the high court to write the rules about what level of proof of flat out corruption prisoners may use to destroy the court's own rule about how prison officials get deference when they shriek "security!"
Let's see what pretzeled logic and tortured theories the rat pack at the supreme court come out with. The only evidence of any security risk was conspired criminal perjury. Roy Hobbs keeps directing Arkansas' prisons, rather than occupying a cell in a federal penitentiary.
MIM(Prisons) adds: The entire criminal injustice system, from police to prisons, is set up to serve the interests of the imperialists running the government. So it's no surprise that false evidence is sufficient to deny prisoner's rights. This case is unique in that the perjury was actually exposed. Unfortunately, the courts don't serve up justice, and so we can expect little from them in defending the rights of the oppressed. The imperialist courts will never lead to liberation for the oppressed. We must continue to expose these cases to educate people about the systematic nature of injustice as we build an anti-imperialist movement that can overthrow the system that relies on injustice for its very survival.