The Voice of the Anti-Imperialist Movement from

Under Lock & Key

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[Censorship] [Legal] [Texas]
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Halting OGOM Distribution Until DRC is Challenged

TDCJ promotes public safety - yeah right

For years we have offered the Texas Department of Criminal Justice’s (TDCJ’s) Offender Grievance Operations Manual (OGOM) for sale to Texas prisoners. As we’ve reported previously, the manual has been removed from all Texas law libraries. The OGOM is a crucial reference for prisoners to understand and utilize the grievance process to address staff abuse and misconduct. Yet the TDCJ has deemed it illegal for us to mail it to fellow prisoners at their own cost.

Of the many copies we’ve sent to Texas prisoners in the last two years only one was confirmed received. A third were confirmed to have been censored by the TDCJ. The rest are of unknown fate because almost everyone we sent the OGOM to never wrote to us again.

Since we have been told by the TDCJ countless times that they will not allow us to mail their own manual to prisoners (and since this has not proven an effective organizing tool – almost everyone we send it to never contacts us again) we are not going to mail this publication again until someone can successfully challenge the decision by the TDCJ.

We did have one comrade who requested the OGOM on the premise that they will file a lawsuit once it is censored. The OGOM we sent was censored in November, appealed, and denied by the Director’s Review Committee on 6 February 2023 with the justification of “in contradiction with BP-03.91”. The comrade should be prepared to go to court now that the appeals process has been exhausted per the Prison Litigation Reform Act (PLRA). We will report any updates on this battle in ULK.

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[Gender] [ULK Issue 80]
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Commentary on Gunnas Stop

The U.$. Constitution is a fraudulent and nefarious contract that is designed to maintain the status quo, and has led the oppressed masses in circles. Amerikkka has never – nor will ever – be a “democracy”. Christianity… in all its artful guises, is merely white supremacist propaganda disguised as sacred gospel. When you allow your sworn enemies to choose the rules and tactics by which you fight your battles, you will lose the war.

The commentary in Gunnas Stop, on page 12 of ULK 78, sounds like an emotional appeal that misses the cold hard reality of the “perverts” situation. While it would never – or has not yet – occurred to me to perform a salacious sexual act for a female who had not indicated her consent to the act, and I’ve know some freaky females in my time! My sentiments are as such that anyone who willingly colludes with the new Jim Crow prison/slave system of the U.$. D.O.C. is undeserving of much – if any – consideration. If all the “perverted” – probably insanely stressed out – brother did was to slap the nazi-pawn pig upside her head with his penis, she should count her blessings; he could have used a .45 caliber cannon. I don’t quibble between what is “legal”… and what is pragmatic. This war has been raging for 500 years! WTF?!!

Many years ago, an associate ambushed a law enforcement officer, who was with his family. The officer plied a scheme by which he would set up Black college students on bogus marijuana distribution charges, because he hated the prospect of a Black man obtaining college education and rising above blue collar slave wage status. The associate – presumably with others – massacred the officer and five of his family members, including the officers 8-year-old nephew (or cousin). My initial response was sadness and surprise. Then I thought of the thousands, millions, of innocent men, women and children who are still being enslaved and slaughtered by the state, and I realized that if that pig, or any of his kind, gave a happy shit for me or my children, he would not be in the service of the colonial Nazi Amerikkkan slavery genocidal system. That’s karma. (The irony of it all is that the assassins were white guys)

I have no problems with white supremacy, in Germany or Norway. My Native sisters and brothers don’t want it on Turtle Island. My Dinka and Khoisan peoples don’t want it in Africa, and I’m not having it in my home. I have not allowed christian literature, amerikkkan flags, or any other satanic filth in my home or personal space since 1979. I nearly drank myself to death when I realized that I had to purge my life of friends and family who insisted on supporting the global slave state, as flag waving patriots.

Skin, bones, teeth and hair mean little to me. The value of a thing turns on its ability to exist harmoniously and respectfully in the world. Even from childhood, I learned to admire Malcolm X, Geronimo, and Nat Turner. I also greatly respect Fidel Castro, Ernesto Guevera, Harriet Tubman, Hugo Chavez, Akhenaten and Niccolo Machiavelli. Mao Tse-Tung was nowhere perfect, but in my view he is one of the most honorable people to walk this earth in the last millennium. Commendations too for the Bolsheviks.

Say what one will about Ho Chi Minh, Kim Jong Un, Joseph Stalin, or Nicolas Maduro; These stalwart souls knew when to shit or get off the pot! Its two minutes past midnight, fuck the furniture, save the children!


Wiawimawo of MIM(Prisons) responds: For a 1 paragraph piece, we received some strong positive and negative responses to the article “Gunnas Stop”. Even one critic of the article supported those who discouraged gunnas by other means. It was this general sentiment from the masses opposed to this behavior that led me, as the editor of ULK 78, to include that short piece. I was correct that it was a topic of interest, but as the comrade above points out i was incorrect to print that piece to stand as our position on the topic. The original author is not a regular contributor to ULK.

In the spirit of self-criticism, I want to restate a few reasons why we agree with the critic above. First, we are not here to defend the oppressor, or to tell people to act professional towards them. Maybe that’s a useful tactic, maybe it’s not, but it is not a general position we should promote to our readers. What is moral to the proletariat is what ends oppression, what ends imperialism.

Second, this comrade’s critique is much more in line with MIM gender line than the article I approved in ULK 78. “Gunnas Stop” painted C.O.s as the oppressed in these situations. Yet as early as the first issue of Under Lock & Key we discussed the fact that young Black men were the most gender oppressed people in this country, largely thanks to the oppressive prison system.(1) Later in ULK 6, we focused on the topic of gender, and talked about things like how female staff would watch male prisoners shower. We get reports every week of C.O.s (of whatever biology) sexually harassing and assaulting biologically male prisoners. But as pointed out in the article in ULK 1, a 2007 DOJ report said 58% of staff charged with sexual misconduct were female, and therefore the rate of sexual misconduct of females against males is much higher in prisons than on the streets. In fact being a youth and/or a prisoner is a better predictor of being sexually assaulted than being female.(1)

As one recent example getting some publicity, Gregory Rodriquez recently “retired” from the California Department of Corrections and Rehabilitation after an investigation was launched last month into his sexual assault of at least 22 female prisoners in Central California Women’s Facility. This is the rare example of a C.O. getting investigated for such behavior. And it is even rarer to see these cases get any attention in male prisons.

All that is to say, in our battle against gender oppression, appeals for gunnas to stop, is not where our energy needs to be focused.

As another comrade pointed out in response to my self-criticism, Mao Zedong promoted a strategy of treating prisoners of war well to win over enemy forces and promote a sober and scientific approach towards the enemy by the revolutionary forces. But, “Gunnas Stop” was not addressed at revolutionary forces or a socialist state, but rather at random masses under conditions of torture and abuse themselves.

Notes:
1. MIM(Prisons), September 2007, Gender Oppression in U.$. Prisons, Under Lock & Key No. 1.

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[Peace in Prisons] [Organizing] [Gender] [Principal Contradiction] [California] [ULK Issue 80]
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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 us that the reintegration policy is a strategy to “displace the big four lumpen orgs”. The divide and conquer tactic is 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. 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 writes “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? or revolution from within the 1st world? MIM conceded conditions within the 1st world are unique, the follow up then is that revolution from 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 belief 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 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 a 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. As the saying goes, “real recognize real.”

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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[Culture] [New York] [ULK Issue 80]
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Sorting Out a Defense of Kyrie Irving

kanye west and kyrie irving

The world has become extremely subjective with Kyrie Irving’s posts of a documentary of someone else’s views and opinions of the Holocaust, and other Jewish history. The world thereafter vilifies him for not conforming to their way in apologizing and admission of his anti-Semitism. He however lets the world know that he embraces his complete Afro-Black history, and reposes the question to him asked on how could he then be antisemitic?

The jew of antiquity I believe Kyrie refers to in debate of his non “anti-Semitism”, were either the black skinned Falasha of Abyssinia and/or, the Chinese Jews of Kai-Feng and/or, Jews of the Berber tribes located in the African Sahara [many colorful shades of Jewry]. So the real underlying question to Kyrie was not if he was “anti-self-metic”, but did Kyrie learn the truth and now possibly hate the modern caucasian Eastern European Jew who adopted his ancestors way of life as their own.

The bulk of today’s Jewry isn’t of Palestinian but of Caucasian Origin, and Yiddish is shockingly a mix of Hebrew, medieval German and Slavonic. According to the Jewish Encyclopedia, in the 16th century there was about 1 million Jewish people and the majority were Khazar [located in the eastern confines of Europe between the Caucuses and the Volga] a substantial part was from Poland, Lithuania, Hungary, and the Balkans who founded the Eastern Jewish Community. This was the dominant majority of the world Jewry. If Kyrie delved even further he would discover that in the dark ages commerce in western Europe was monopolized by the Jews, including but not limited to the slave trade. Albeit, the “Jews” became a motley crew of humanity partly due to Abraham cohabiting with Hagan [an Egyptian]; Joseph marrying Aseneth [an Egyptian]; Moses marrying Zipporah; and King Solomon who loved many strange women, and had a Hittite mother of dark-complexion, the original tenets of the Jewish faith was practiced by Africans long before the “Jews”. [Thus making Africans possibly not the creator of the Jewish brand but, originators of the Jewish Faith.] “The religious belief in sacrifice for the remission of sins was an African belief and practiced at least 2,000 years before Abraham”, and “Practically all of the Ten Commandments were embedded in the African Constitution ages before Moses went up Mt. Sinai in Africa in 1491 B.C.” Chancellor Williams, The Destruction of Black Civilization p.135 (Third World Press) (1987)

“The large majority of surviving Jews in the world is of Eastern European– Thus perhaps mainly of Khazar–origin. If so, this would mean that their ancestors came not from Canaan but from the Caucasus, once believed to be the cradle of the Aryan race; and that genetically they are more closely related to the Hun, Uiger and Magyan Tribes than to the seed of Abraham, Issac and Jacob. Should this turn out to be the case, then the term”anti-semetism" would become void of meaning, based on a mis-apprehension shared by both the killers and their victims." Arthur Koestler, The Thirteenth Tribe (Last Century Media)(1976)

I do not agree with murder of innocent people especially children. Hitler and his cronies did massacre countless human beings for nonsensical reasons of “race, color, and creed.” He orchestrated the genocide of over 6 million human souls of the Jewish Faith. But in all objectivity Adolf Hitler killed people of his own race and color, who centuries ago adopted a different creed from a migratory people of African/Semite descent. In all reality Hitler may not have even been a real racist and/or even knew the trajectory of the true African/Semite Jew in order to be authentically “Anit-Semite.” Hitler was merely a desperate white privileged capitalist, colonialist, imperialist wannabe, who would murder and oppress anyone within range, even his own country-men [for a man who hated the “Jews” so much he never waged war on a predominately Jewish State [Coward]. Hitler was an opportunist who made innocent people his opportunity] in the end the outcome of this inhumane genocide called the holocaust was real. But, the falsity may be in its premise. Did Hitler kill over 6 million “Jews” because he hated “Jews”, or did he kill over 6 million people because he hated LIFE! He died by suicide as a coke head, evidence that he too hated his own

Free Kyrie


MIM(Prisons) responds:

“Where do correct ideas come from? Do they drop from the skies? No. Are they innate in the mind? No. They come from social practice, and from it alone; they come from three kinds of social practice, the struggle for production, the class struggle and scientific experiment.” - Mao Zedong (Where Do Correct Ideas Come From?)

Just like how the above quote mentions, correct ideas come from the social practice of class struggle, the struggle for production, and scientific experiment. We extend this claim of knowledge coming from class struggle to bad ideas as well. Reactionary ideas among the masses also don’t drop from the skies nor are they innate in the mind.

A popular cultural phenomenon that is being widely reported on television is New Afrikan celebrities like Kyrie Irving (mentioned by the comrade above) expressing the idea that New Afrikans here in the United $tates are the original Hebrews described in the bible alongside sharing a documentary on social media which further elaborates on this trend. On top of similar sentiments, popular rapper Kanye West expressed admiration for Adolf Hitler, and claimed that he is going “death con 3” on Jewish people.

The reason why we would like to emphasize the above statements on correct ideas coming from social practice is because as chauvinist and strange these claims may be, they didn’t drop from the sky either. We can see a similar type of chauvinism against Asian national minorities from the masses of New Afrikans/[email protected] as well highlighted during the LA riots of burning down Korean petty-bourgeois establishments, and the sensationalized attacks of New Afrikans assaulting Chinese nationals during the earlier years of the COVID-19 pandemic in the city centers of this country.

In no way does this responder claim that anti-semitism and chauvinism in general is a correct thing, nor that all Jewish/East-Asian people are petty-bourgeois so they deserve what’s coming to them in times of crisis such as an uprising or a global pandemic. Communists who hold these ideas shouldn’t even hold that label in the first place. However, there should be a deeper and more scientific study of these contradictions and to recognize common reactionary ideas in the masses in the historical context. On top of this, to have the oppressed nations (particularly New Afrikans in this case) being the media’s face of modern anti-semitism is a ridiculous chauvinist idea as well in a country where the oppressor nation Amerika is one of the strongest contenders in the world of turning fascist in world economic crisis.

Many religious/cultural nationalists in the oppressed nations particularly share this attitude of New Afrikans being the real Hebrews described in the bible alongside the line that the common Jewish people we see in Europe/North Amerika today are pretenders. This particular trend of nationalism can be traced back in the late 1800s by Frank Cherry and William Saunders Crowdy who respectively founded two different Black Israelite churches in 1886 and 1896 respectively after both claiming to have had revelations that New Afrikans are descendants of the Hebrews in the bible. Both men were from the southern black belt territory still suffering from sharecropping at its height. In a region where almost semi-feudal conditions still reigned for a semi-colonial nation, religious ideas entrenched in a nationalist trend isn’t surprising.

In the modern setting, the contradiction between New Afrikan masses that live in the ghettos and Jewish petty-bourgeoisie can be exemplified in the Crown Heights riots of 1991 where a Guyanese child was murdered in an accident where a motorcade of Chabad (A Hasidic Jewish movement) carrying the famous rabbi Menachem Mendel Schneerson struck Gavin Cato to the child’s death. This led to several Jews being attacked on the street by New Afrikan youth.

While some comrades might be quick to condemn these ideas as anti-semtiic, we should see the prejudices of the masses (in this case anti-semitism) as a historical process that emerged in a specific time of class society (particularly in the United $tates). A scientific understanding of this problem would first lead one to recognize that the frustration the oppressed nation masses might have with prominently petty-bourgeois religious/national minority groups such as Jewish Americans (or certain demographics of Asian Americans) as based on the masses frustrations against their class enemy. One would also recognize that conspiratorial and chauvinist ideas should be eliminated through mass political education. Jewish communities of Russia of the Middle East/North Africa to the United $tates all have different relations to world imperialism from many belonging to both friend and enemy classes. Conspiratorial claims of Jewish elite are reactionary, but that is often what the masses think during times of oppression where they have not yet grasped scientific thinking.

In the United Struggle Within, there are many Black Hebrew Israelite tendencies along with other religious nationalist groups that might vary in terms of anti-semitism or conspiratorial thinking like the comrade above. The key point in all this is to properly assess unity-criticism-unity and to what point do some tendencies of nationalism have more good than bad. Ultimately, it’s these masses of the oppressed nation whose historical duty is to create a revolution and society where ideas such as anti-semitism will be gotten ridden of, and to put these groups as the leading cause of anti-semitism in the United $tates is classic settler-chauvinism.

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[Rhymes/Poetry] [California] [ULK Issue 80]
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Reggae Song

Chorus X3:

We Black and we Brown Don’t back down! Whatever happens to the people Will come back around, Our roots one day Will plant the ground, Smile to the world Dont accept that frown.

1st Verse:

We revolutionary Native people holding glory. We come from poverty Considered the majority, Jah and Allah know We are panthers and lions. We take a stance And raise our hands against violence. We Black and we Brown And won’t back down. Whatever happens to the people Will come back around. We all want justice and equality No more immigration. No more blood, sweat, and tears Of border intimidation. We are Zulu warriors And Latin Kings. Freedom Asylum Our everlasting dreams. My people African descentdant And Puerto Rican. Peace and harmony Is what we seeking. This for the La Raza Haitians And nation of Ghana. For Jah we blazin This marijuanna. We just want to torch the flame. For liberty We just want to live the same. With dignity.

Chorus X3:

We Black and we Brown Don’t back down! Whatever happens to the people Will come back around, Our roots one day Will plant the ground, Smile to the world Dont accept that frown.

2nd Verse:

We native spirit And Latin-x. Our plan is to take back The land next. Free the refugees And prisoners. This for the semitic village Visioners. We just want to fly high In the sky like the birds. We chanting for freedom Don’t you hear these words. This for the continent of Africa. My Cuban brother And those left in Attica. We forever freedom fighters For George, Jonathan, and Khatari. My people died for this land Rastafari. The dread blood shed For black, green, yellow, and red. This for emperor Sellassie And the pharoahs dead. We celebrating Juneteenth And Cesar Chavez. Our Independece Day To live on the rez. No longer shall we live To be racial profiled. Before we die in hell We will go exile.

Chorus X3:

We Black and we Brown Don’t back down! Whatever happens to the people Will come back around, Our roots one day Will plant the ground, Smile to the world Dont accept that frown.

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[Prison Labor] [Civil Liberties] [Legal] [Private Prisons] [Indiana] [Washington] [ULK Issue 80]
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Campaign to Raise Wages in Geo Group Prisons

It is with immense frustration that I write to you on the behalf of ALL offenders that are in the Indiana Department of Corrections (IDOC) prisons that are run and operated by The Geo Group Inc. (a private prison corporation). Prisoners here are receiving “State Pay,” which consists of the following:

A-Pay $0.25/hour
B-Pay $0.20/hour
C-Pay $0.15/hour

The level of unequal wages from The Geo Group Inc. regarding this effort is appalling. Indiana Government Officials have unfortunately failed to address the problem and have allowed the “State Pay” wage disorder to continue.

In the State of Washington, on 27 October 2021, a Federal Jury ordered The Geo Group Inc. at the ICE Processing Center (formerly the Northwest Detention Center) liable under the State Minimum Wage Act (MWA). In Washington, Attorney General Bob Ferguson filed a lawsuit alleging that The Geo Group Inc. was violating the state minimum wage law. The U.S. District Judge Robert Bryan ordered The Geo Group in Tacoma, Washington to pay their detainees $13.69 hour. These are immigrant detainees. These immigrant detainees were represented by four (4) law firms. Names of the law firms are as follows;

  • Schroeter Goldmark & Bender – Seattle, WA
  • Open Sky Law PLLC – Kent, WA
  • Menter Immigration Law PLLC – Seattle, WA
  • Law Offices of Robert A. Free – Nashville, TN(1)

We believe that our pay here, less than 2% of the pay received in Washington, is discrimination by The Geo Group Inc. here at the Indiana Geo Facilities.

On 26 January 2021, President Joseph R. Biden, Jr (D) signed an order and stated… “to stop corporations from profiting off of incarceration that is less humane and less safe”. We believe that The Geo Group Inc. is violating Title VII of the Civil Rights Act, which prohibits racial discrimination in the workplace. State prisoners may not be entitled to State Minimum Wage, but there is NO exception for private for-profit detainees, prisoners, or offenders here. The Geo Group prioritizes profits over rehabilitation, making us ALL less safe.

Indiana Government Officials and The Geo Group Inc. have to remember that we are in an inflationary economy. Us prisoners here at The Geo Group Inc. facilities here in Indiana are getting overwhelmed, over-worked, and frustrated simply because we do not have the same income or access to resources as others. We have material needs such as hygiene, property, food, etc. that cannot be met due to the “State Pay” wages that have NOT kept up with the exorbitant price of living.

At the Indiana Department of Corrections commissary from the Indiana Correctional Industries Plainfield, IN Distribution Center, the prices of our needs are increasing dramatically due to the inflationary factor. NO prisoner in The Geo Group Inc. private run prison(s) who gets State Pay should ever cower in fear of his/her employer‘s power to silence legitimate points of view of their wages.

The State of Indiana and/or The Geo Group Inc. needs to raise the starting pay wage significantly to a reasonable wage. It is time for the State of Indiana and/or The Geo Group Inc. to make the financial adjustments and changes.

We believe that there are laws, ordinances, policies, rules, acts, statutes, procedures, or even regulations that have been violated or criminalized by our Constitution in the Fair Labor Standards Act (F.L.S.A), Administrator of Wages & Hour Division, U.S. Deptartment of Labor, Equal Employment Opportunity Commission, Labor Management Relations Act, etc. We know Indiana Government officials Governor Eric J Holecomb, Commissioner Robert E Carter Jr, Deputy Commissioner/Chief Financial Officer Dan Brassard, are the individuals who control our scale wage that makes the financial adjustments and changes in our “State Pay” for the The Geo Group Inc. to pay our wages.

A raise in starting pay will be a positive thing allowing more offenders to find satisfaction in their careers and it can allow more workers to make a living wage and contribute to the broader economy. Our facility jobs are not a free pass to wipe our slates clean, they are an acknowledgment that we have to change our lives to be more accountable and the State of Indiana and/or The Geo Group Inc. is what will allow us to do that. A productive offender in the Geo Group facility with a fair wage will perform better work ethics, do things properly, and have better responsibility.

We as prisoners are entitled to be paid minimum wage or a fair wage for our labor keeping The Geo Group Inc. facilities up and running, like preparing and serving food, running laundry, maintenance, landscaping, mowing, sanitation, administration clerks, etc. We are not asking to be put on an indefinite leave of absence means or that ALL Geo Group contracts be terminated. We are exercising our rights, which are workers rights, and show that we have a right to stand up for each other and for justice for Geo Group Inc. prisoners who work at their facility and receive state pay wages.

Please take into consideration, when we do get our “State Pay” the I.D.O.C takes 15% right off the top. This money goes into our re-entry account which we receive back upon our release back into the community. This gives us a little financial assistance. Now here is this Geo Group Inc. offender who has a C-Pay job, which is $0.15 an hour, works 6.5 hours a day, 5-days a week, comes out to be $19.50 per month. Now the State takes 15% for re-entry which comes out to $2.89. This leaves you only $16.32 a week to buy hygiene, property, food, paper, pens, etc. And if you went to go to medical or dental, that’s a $5.00 charge and the medication is $5.00.

Please also investigate the Geo Group Inc. in Tacoma, Washington where they are paying immigrant detainees $13.69 an hour. This is discriminating against us offenders and manipulating us due to what they pay us as “State Pay” here in Indiana.

  • State of Washington Attorney General – Bob Ferguson filed lawsuit against The Geo Group Inc. in 2017 [Washington v. Geo Group, USDC, W. Dist. WA. Case No. 3:17-cv-05806RJB]
  • Detainees filed lawsuit in 2017 with assistance of Schroeter Goldmark & Bender and Robert Andrew Free [Nwauzor v. Geo Group, USDC, W. Dist. WA, Case No. C17-5769RJB]

Thank you for your time and patience.


MIM(Prisons) responds: First, we want to remind our readers that a very small percentage of prisoners in this country are in private prisons, and most of them are immigrant detention centers like the one in Washington discussed. As the author above argues, there are potential legal differences in how labor is considered in private prisons compared to most prisons. And economically it is very different because corporations like Geo Group are making money running prisons for the state, but using basically free labor to do much of that work. This is a very dangerous combination that economically incentivizes mass incarceration.

In our 2018 survey of prison labor across the United $tates we found that wages for maintenance work typically ranged between $0.14 and $0.63 per hour. Though of course in some states prisoners do not get paid at all for working to maintain the prisons. This puts Indiana at the low end of states that do pay. But as this comrade and others have recently pointed out, inflation is hitting hard in the form of commissary prices. Therefore to have wages at the low end from 5 years ago is far from adequate when most prisoners need to buy supplemental hygiene and food, not to mention minor comforts.

Based on the information we can find online, the Geo Group stopped having prisoners work right after the court decision, so no prisoners are getting paid minimum wage. In addition they appealed to delay back-paying those who had already worked in the past.(2)

Notes:
1. Prison Legal News, December 2021 Vol. 32 No. 12 pg. 26 and April 2022 Vol. 33 No. 4 pg. 30. published by the Human Rights Defense Center
2. Alanna Madden, 6 October 2022, Ninth Circuit takes up Geo Group appeal over underpaid detainees, Courthouse News Service.

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[Grievance Process] [Legal] [Tucson United States Penitentiary] [Federal Correctional Institution Tucson] [Federal] [ULK Issue 80]
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Cheating At Chess (The flaws of the Administrative Remedy in Prisons)

In prisons, there are venues for prisoners who have been abused or treated unfairly or inhumanely. When things like this happen, a prisoner has a right to sue, but only if he can get his case to court.

The problem is that because of PLRA, or Prison Litigation Reform Act, it’s much more difficult for a prisoner, even if he is right, to get his case to court. In essence, PLRA requires prisoners to first exhaust the Administrative Remedy procedure… or a grievance procedure. In Federal Prisons, it is known as a BP.

So quick scenario; a Black prisoner is being harassed by white officers, who: constantly use racial slurs and trash his cell, taking his family pictures and other valuables. The prisoner tries to file a BP to get to court. Months pass, with no success, so he tries to take it straight to court. The court shoots down his claim, because he did not go through proper procedure of filing a grievance. So, even if the prisoner is right, the courts won’t acknowledge his lawsuit because he didn’t go by the rules.

But, is the prison going by them? Let’s talk about that, and how prisons like USP Tucson are actually breaking the rules, making it very difficult for prisoners to properly file a lawsuit, because the Administrative Remedy procedure is horribly flawed.

To begin, let me pull up a statement from a case law, Woodford v. Ngo 548 US 81, 126, S. Ct 2378, 165 L.Ed 2d 368 (2006). I want to share with you an argument a prisoner had about the grievance procedure, and what the argument against it was:

“Respondent contends that requiring proper exhaustion will lead prison administrators to devise procedural requirements that are designed to trap unwary prisoners and thus to defeat their claims. Respondent does not contend, however, that anything like this occurred in his case, and it is speculative that this will occur in the future. Corrections officials concerned about maintaining order in their institutions have a reason for creating and retaining grievance systems that provide — and that are perceived by prisoners as providing - a meaningful opportunity for prisoners to raise meritorious grievances. And with respect to the possibility that prisons might create procedural requirements for the purpose of tripping up all but the most skillful prisoners, while Congress repealed the “plain, speedy, and effective” standard, see 42 U. S. C. §1997e(a)(1) (1994 ed.) (repealed 1996), we have no occasion here to decide how such situations might be addressed." - Justice Samuel Alito

In short, this argument claims that the prisoner was incorrect that prisons could – and do – make it much harder for prisoners to file a grievance. After all, if the prisoner can’t file the grievance, he can’t get to court to sue the officers. In the above case, the Black prisoner is trying to go through the procedure, meaning he has to exhaust the grievance procedure, before he can go to the courts. This kinda makes sense, because one intent of the PLRA is to prevent a lot of frivolous lawsuits by prisoners.

But in doing this, there is a flaw, one prison has used a cheat in the procedure. Let me explain:

To begin the BP, or grievance process, a prisoner must first have an issue… ok, check. The prisoner claims discrimination against officers, so he has a right to file a grievance. Well, step one, as I use USP Tucson as an example, is to get what is called a BP-8. This is the lowest form of the grievance, and it should be available upon request.

Problem: Here at USP Tucson, it isn’t. The prison makes a policy that ONLY the Counselor can hand out a BP-8. So, what if the Counselor isn’t there? You have to wait to find the Counselor, because apparently no other officer in the world can get that piece of paper. This is already an obstacle of due process. In other states, you can get a grievance form from any officer, especially the ones working in your dorm. It makes sense, they are there all day, why not allow them to pass out the grievances?

But, if you change the rules, you then regulate how often you pass out the grievances. Now, you can’t get a BP unless there is a certain officer there. And if he/she isn’t there, they don’t pass them out. So, in theory, a Counselor can stiff-arm prisoners from getting a BP, by making excuses of not being there, or “not having any”.

I say this from a LOT of experience… this happens a lot here at USP Tucson. Many prisoners are frustrated with the Administrative Remedy because for most, it simply does not work. The case law implies that all prisons want to make the grievance procedure available for the maintaining of order, this is not necessarily true at all.

Another technique for obstructing the grievance procedure is to simply “lose” the grievance. If you manage to corner the Counselor and get a BP-8 form, you then have to fill it out and hand it back to them. Problem: The BP-8 is a single white piece of paper, and once you hand it to the Counselor, you have NO copy. So how do you know they actually processed it? In many cases, they don’t. They either “lose” it, or simply trash it.

So, if you can get past the BP-8, there then is a formal BP-9, which is on carbon paper. You have to fill out the form (if you’re lucky enough to even get one), then turn it in to the Counselor (if you can find “Waldo”), and wait for them to give you a carbon copy, if they don’t lose it or trash it.

Additionally, the carbon paper on the BP-9 is so poor, you have to have the strength of the Hulk to press down, to make the copy on the second page, let alone the third or fourth. So, the BP-9 is almost worthless after the first copy is torn off.

If you get no responses from the BP-9, then you have to go to the BP-10, which goes over the heads of staff. But rinse and repeat on the procedure. It is incredibly difficult to get the forms, when in actuality, it should ALWAYS be available to any prisoner, at any time, by most staff members. But staff plays keep away, from prisoners, to prevent them from getting the BP’s, so they cannot timely file.

I say all this from experience. In February, I filed a BP-9 against staff in my dorm because they refused to give us chemicals to clean the showers during a lockdown. Over that period of time, an average of 30 prisoners used each shower cell, and not one drop of chemicals were used to clean it. Think about that, how many of you would walk into a shower after 30 other people had already used it? How about 10? Even 5? No one here should have to do that, but staff knew about it, and did nothing.

So, I wrote a BP-9 and the Case Manager took it and “turned it in” to the Counselor, long story short, as of this date, 9 September 2022, I have heard nothing, and they had only 30 days to respond. My guess, they threw it away.

This is much like cheating at chess, where we have to match wits against a facility that seems to be dead set on preventing prisoners from properly (and legally) filing a grievance. Let us not lose the fact that the grievance procedure is Constitutionally protected; no officer or staff has the right to prevent prisoners from filing.

But, if you cannot complete the grievance, you cannot get to court, because they will claim, as the case law showed, that the inmate didn’t do the proper work, when in fact he did all he could do, but staff aggressively prevented him from being able to file. The courts seem to be blind, or naive, that prison officials would actually HONOR the grievance system.

Think about that, why would they honor a system that holds their staff accountable? Do you really think they are going to play fair if, in the example I gave, a Black Prisoner is trying to sue racist officers? Do you really think they are going to let the BP’s go through, when they can block it at every turn?

It’s like cheating at chess, and it’s also why so many grievances fail, because places like USP Tucson have figured out the loopholes and are exploiting them to prevent prisoners from their constitutional rights. It happens all the time, and nobody is doing anything about it.

I mean, take out my queen, rooks and bishops, and yeah, it’s hard for me to win too.


MIM(Prisons) adds: This is why comrades in United Struggle from Within initiated the campaigns “We Demand Our Grievances are Addressed.” Comrades developed petitions for many states as well as the Feds to appeal these issues to higher and outside authorities to try to bypass the problem described above. This campaign has included other tactics like filing group grievances and even taking other group actions when grievances are ignored. In many states comrades have called for an outside review board to address these complaints. But ultimately, there are no rights only power struggles, so leaving these issues in the hands of the state will only do so much. The solution to the problem is coming together as prisoners, as the oppressed and fighting for these rights every step of the way. That is why we must build peace and unity among prisoners to get grievances addressed.

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[Legal] [Mental Health] [Richard J. Donovan Correctional Facility at Rock Mountain] [California] [ULK Issue 80]
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Officers use Funds for Fiesta's not Mental Health Programs

[The following complaint was served to the Department of Justice.] RE: California Department of Corrections and Rehabilitation (CDCr) and Richard J. Donovan Correctional Facility (RJDCF) Systemic Scheme of Fraud to Misappropriate Federal Funds

I am requesting an investigative audit of all Federal Funds received by CDCR specifically for mental health programs, services, and activities here at RJDCF because it is clear that those funds are not being used for intended purposes. As a participant in CDCR’s Mental Health Services Delivery System (MHSDS) at the Enhanced Out Patient (EOP) level of care under the Coleman v. Newsom, 2:90-cv-00520-KJM-DB(E.D.Cal) injunction, MHSDS EOP participants are required to receive 10 hours a week of ‘structured therapy’, and receive federal funds to provide such to prisoner participants.

Here at RJDCF EOP there are no specialty, or core, therapy groups which treat or target the diagnosis and symptoms of MHSDS EOP participants because mental health care providers continue to tell us that they’re short of staff and resources.

To create the illusion of providing the 10 hours a week of required ‘structural therapy’ as so CDCR may continue to receive federal funds for RJDCF EOP program, prisoners regular exercise yard time is being documented as recreational therapy,(or R.T. yard), where recreational therapist’s (R.T.’s) assigned to supervise R.T. yards are being explicitly instructed by CDCR Mental Health Program overseers and supervisors to embellish R.T. yard notes to give any reader the impression that the R.T. yard activity itself was/is therapeutic, when fact is, aside from walking around to record which MHSDS EOP prisoners attend regular exercise yards, the R.T.’s have no contact with any of us, yet a significant amount of such fraudulent hours are and have been used to report compliance.

There are many MHSDS EOP participants who report receiving a regular schedule to attend particular mental health therapy groups which does not even exist, as there is no facilitator to provide treatment.

Then, the gist of the described systemic scheme involves CDCR’s use of a ruse to misappropriate federal funds intended for MHSDS EOP programs, services, and activities, thereby using such funds to pay the salaries of its subordinates who directly supervise the EOP, subordinates who are correctional officers (C.O.s) providing security.

With the aid of the California Correctional Peace Officers Association (CCPOA), CDCR and RJDCF has manufactured a need for more C.O.s in the MHSDS EOP Psychiatric Services Unit (PSU), and divert federal funds intended for mental health programs, services, and activities, to custody, while these same custody C.O.s then convert the PSU into a ‘lounge area’ where surveillance cameras throughout the PSU, initiated by the Armstrong v. Newsom, no. 94-cv 02307-CW, injunction, regularly record C.O.s blatant inefficiency, hosting fiesta’s and other celebratory gatherings, and constant use of big screen televisions intended for MHSDS EOP groups, to watch sporting events and other shows. All this occurs in the PSU while on duty in direct violation of well established CDCR policy at California Code of Regulations, CCR. Title 15, sections 3394, and 3395.

With this described systemic scheme, C.O.s may continue to exploit the MHSDS EOP, profit from such, while CDCR continues to orchestrate the diminishing of mental health programs, services, and activities, blaming the failure on any and everything else except the truth, which is, despite being member of a protected class requiring mental health services and treatment, to CDCR and it’s employees we are only a financial asset. A prisoner’s mental health challenges are nothing more than a bargaining chip to use to extort more money from the federal government, to fund and fuel an already debauch state system.

Please Help Us!


MIM(Prisons) adds: Over 1.1 million people have died from the COVID-19 pandemic in the United $tates (more than from drug overdoses). This hit hardest among the elderly, those with pre-existing health conditions, and since the advent of vaccines, the unvaccinated. Strong resistance to vaccines among law enforcement has led to disproportionate deaths. Meanwhile many who could retired early. Like many industries, the state has struggled to replace the prison staff it has lost due to the pandemic.

This situation has allowed for extra leverage, from the already powerful CCPOA in California, meaning many are doing their jobs even less than before. People are sitting in their cells, people aren’t receiving care, people are eating sack lunches, and people aren’t getting access to grievances. And like so many capitalists have done during the last few years, the CDCR has cashed in on state funds that they do not deserve.

These are signs of a struggling system. The criminal injustice system is functioning worse and with less credibility than it has in decades. Meanwhile, greedy kleptocrats are stealing from the state, weakening it further. We must study these cracks in the system and find ways to operate that push the agenda of the oppressed through independent institutions.

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[COVID-19] [Economics] [Legal] [Texas] [ULK Issue 80]
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Again on Prisons Deducting from Stimulus Checks

Do you have any case decisions of the stimulus checks. I just received a check for the first two payments plus interest. It totaled $1,900.76. Of this amount TDCJ deducted $1,786.11 leaving me with $114.65.

This is the first money I’ve had where I could go to “store” since I got here in 2015. The deductions were for medical co-pay, indigent correspondence and postage, and federal court fees. Another prisoner told me that there was a federal court decision in Arkansas against the prison system forcing them to return money deducted from prisoners’ accounts. I’m rough drafting a Step 1 grievance right now to start the exhaustion process, then I’ll add it to the suit I’ve already started. I intend to do the same on this censorship of ULK 79 as well. Any information will help.


North TX AIPS responds: From ‘New Class Action for Prisoners Who Did Not Receive Stimulus Money and Filed Taxes’ published in Under lock & Key Issue 76:

Clay v. Director of IRS Mnuchin No4:21-CV-08132-PJH

Sub Class Representative Thomas H. Clay advises all prisoners who filed for EIP from Oct. 2020 – August of 2021 and did Not receive any check in mail or Direct Deposit. After filing Form 1040/1040SR or letter with SSI# and copy of such to show proof of filing; then write To: United States District Court Northern District of California Oakland Division Attn: Hon. Clerk/Presiding Judge 1301 Clay Street Ste 400 S Oakland California 94612-5212

If you are filing the following criteria below:

1.Non-disabled or physically or mentally impaired prisoner in State or Federal Prison Institution in the United States

2.Correctly filing legal letters to IRS or 1040/1040SR Form 2019/2020 from October 15,2020 thru tax season of January – August 17, 2021

3.Utilizing only Institutional Regular Legal/or Indigent Legal Mail System in State of Federal Prisons.

  1. Who did not receive any payment from IRS of EIP #1 #2 #3

5.In the form of “Check in Mail” or “Direct Deposit to Account”.

6.Who can “Prove upon Request” proof of the correct timely filing by: copies of letters to the IRS office in your State area, Prison Mail Room Record of Legal Mail logged letters showing IRS address. Indigent mailing file showing letter sent to IRS or 1040/1040SR copies or responses from IRS during that period from any of its offices.

7.And you were not issued any checks for EIP #1 $600.00 EIP #2 $1200.00 or CVRP/EIP #3 $1400.00 totaling $3,200.00

The court is reviewing Contempt of Court Order and Sub Class Action from prior suit *Scholl v. Mnuchin that does not protect the rights to amount of payment withheld from prisoners in a discriminatory manner by IRS.

From Stimulus Checks Are Being Stolen by TDCJ-CID from Under Lock & Key Issue 73:

Section 272(d)(2) of the Consolidated Appropriations Act provides that the second round of stimulus checks ‘shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law.’ This means that this round of stimulus checks may not be garnished to cover overdue debts by federal or state prisons.

Scholl v. Mnuchin, et al. No.4:20-cv-05309-PJH ND Cal.; Appeal Docket No. 20-16915 9th Circuit Court of Appeals ruled in favor of prisoners getting stimulus checks while incarcerated. The checks in question should not be confused with the most recent $1400 checks under current President Joseph Biden. It was the $1200 and $600 checks under President Donald Trump that were ruled on.

From Preliminary Injunction Bars Arkansas from Confiscating Prisoners’ COVID Stimulus Money from Prison Legal News:

The Court ordered ADC to place any federal relief and stimulus funds in a sequestered account if it continues to confiscate those funds. It must maintain records of how much money it confiscates from each prisoner and what amount is paid for court fines, fees, costs, and restitution. While ADC may return the confiscated excess funds to prisoners, it may not otherwise disburse those funds until the end of the lawsuit. See: Lamar v. Hutchinson, USDC, ED AR, Case No. 4-21-cv-00529 (2021).

The Court then turned to decide whether confiscation of the money was a violation of procedural due process. It found no violation when it came to confiscation for the purpose of paying off court fines, fees, costs, or restitution.

It did, however, find a violation when it comes to diverting the excess funds to the inmate welfare fund and the Inmate Care and Custody Account. The Court noted there were no post deprivation remedies available, for the ADC’s grievance procedure provides a challenge to “issues controlled by State or Federal law or regulation” a “non-grievable issue.” The Court concluded the confiscation of the monies did not violate substantive due process or the Takings Clause.

We hope this information is helpful. While we still stand by the conclusion that these stimulus checks are an attempt to buy off the U$ population at the expense of the third world, we won’t hold unrealistic notions about how this money can be used for our goals of Anti-Imperialism and building up USW. We also have a censorship pack available as well, having relevant caselaw and regulations for fighting censorship on the legal front.

Notes: Prison Legal News, Nov 1 2021, Preliminary Injunction Bars Arkansas from Confiscating Prisoners’ COVID Stimulus Money

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[Parole] [Legal] [Texas] [ULK Issue 80]
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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 is a follow up to Texas Prisoners Launch Attack on Parole System printed in Under Lock & Key 78. 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.

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