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Pete Seeger and the NSA February 4, 2014

Posted by rogerhollander in Art, Literature and Culture, Barack Obama, Civil Liberties, Constitution, Criminal Justice, Democracy, History, Police.
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Roger’s note: Of course, the recent revelations about NSA outdoing George Orwell is no laughing matter.  But if you need a moment of lightness today, click in the first paragraph on Pete’s testimony before HUAC.  It reads like a Monty Python skit.  With the persecutions of Chelsea Manning, Julian Assange, Edward Snowden among others, and the hounding to death of Aaron Swartz, the U.S. government is just getting started in putting its mega data collection to use.  When the political protests heat up to the next level, I believe we are going to see the same kind of witch hunts that we saw under the era of Joseph McCarthy, only much worse.  Those who lived through that period of history can tell you what it is like to be persecuted by the government for your First Amendment protected beliefs.  Perhaps what is most frightening is the militarization of local police departments, and we saw what state violence against legitimate political protest will look like during the brutal repression of the Occupy Wall Street Movement.  Whether you are brought up before a Kafkaesque like official United States government kangaroo court or bashed over the head with police baton or run down by a Homeland Security issues armored vehicle, the chilling result is the same: fascism in our day.  
That it occurs under the auspices of the affable and articulate constitutional lawyer who is the first Black American president or the feisty and charming soon to be first woman American president, will not do much to soften the blow.

 

Published on Tuesday, February 4, 2014 by Deeplinks Blog/EFF

by Cindy Cohn

I am not going to answer any questions as to my association, my philosophical beliefs, or how I voted in any election, or any of these private affairs. I think these are very improper questions for any American to be asked, especially under such compulsion as this.

Pete Seeger, 1955, testimony pursuant to subpoena before the House Un-American Activities Committee.

Pete Seeger (Image: EFF)

The world lost a clear, strong voice for peace, justice, and community with the death of singer and activist Pete Seegerlast week. While Seeger was known as an outspoken musician not shy about airing his political opinions, it’s also important to remember he was once persecuted for those opinions, despite breaking no law. And the telling of this story should give pause to those who claim to be unconcerned about the government’s metadata seizure and search programs that reveal our associations to the government today.

In 1955, Seeger was called before the House Un-American Activities Committee, where he defiantly refused to answer questions about others who he associated with and who shared his political beliefs and associations, believing Congress was violating his First Amendment rights. He was especially concerned about revealing his associations:

I will be glad to tell what songs I have ever sung, because singing is my business. . . .  But I decline to say who has ever listened to them, who has written them, or other people who have sung them.

But if the same thing were to happen today, a Congressional subpoena and a public hearing wouldn’t be necessary for the government to learn all of our associations and other “private affairs.” Since the NSA has been collecting and keeping them, they could just get that same information from their own storehouses of our records.

According to the Constitution, the government is supposed to meet a high standard before collecting this private information about our associations, especially the political ones that the Congressmen were demanding of Seeger. For instance, under the First Amendment, it must“serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms.”

It doesn’t matter whether the government wants associations to look for possibly “illegal” activities of civil rights activists, Communist sympathizers, anarchists, trade unionists, war resisters, gun rights activists, environmental activists, drug legalization advocates, or wants to go after legitimate criminals and potential terrorists, if the government can’t justify the collection of this “metadata” on this “strict scrutiny” standard, they’re not allowed to collect any of it. Yet right now, they collect all of it.

We’re still learning of all the ways the government is able to track our associations without anything like the due process and standards required by the First and Fourth Amendments, but it is the centerpiece of the NSA’s mass telephone records collection program under Patriot Act section 215, which EFF is fighting with our First Unitarian Church v. NSA case that focuses on the right of association.  Our lead client, the First Unitarian Church of Los Angeles, had its own role in resisting the House Un-American Activities Committee. It’s also part and parcel of the mass collection of content and metadata of people all around the world under section 702 of the FISA Amendments Act. And it’s a real concern even if the companies hold the data, as we’ve seen with the FBI’s self-certified National Security Lettersand the Hemisphere program, where AT&T employees are embedded in government investigations so that they can more readily search through our phone records for the FBI, the DEA and others.

Each of these programs effectively allows the government to do to you what Pete Seeger refused to let them do to him—track your associations, beliefs and other private affairs without proper legal protections.  And they can do this at scale that was unimaginable in 1955, thanks to the digital nature of our communications, the digital tools that allow them to search automatically rather than by hand and the fact that so much more about these private affairs is in the hands of third parties like our phone and internet companies.

While Seeger escaped jail, he was convicted of contempt for his failure to answer these questions. Thankfully Joseph McCarthy and the Un-American Activities Committees were later widely condemned, and Americans understandably look back sadly and with embarrassment on time when the Committee forced Americans to reveal their own associations, along with the associations and beliefs of others.  With the passing of moral and artistic heroes like Seeger, we should redouble our efforts to make sure that our “private affairs” remain safe and the government’s ability to access them remains subject to careful controls.

Join us on February 11 for the day we fight back against mass surveillance.

This work is licensed under a Creative Commons Attribution-Share Alike 3.0 License.
Cindy Cohn

Cindy Cohn is legal director for the Electronic Frontier Foundation (EFF), as well as its general counsel, coordinating over 40 national class action lawsuits against the telecommunications carriers and the government seeking to stop warrantless NSA surveillance

American State of the Union: A Festival of Lies February 1, 2014

Posted by rogerhollander in Barack Obama, Criminal Justice, Economic Crisis, Trade Agreements, War.
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Roger’s note: here are two articles from the same source, the black agenda report web site, analyses you are not likely to find in the mainstream media.

Wed, 01/29/2014 – 14:37

by BAR executive editor Glen Ford

Before the nation and the world, President Obama pledges to take “action” against “economic inequality,” while simultaneously holding secret negotiations on a Trans Pacific Partnership trade scheme that will quicken the pace of the global Race to the Bottom, deepening economic inequalities. “Lies of omission are even more despicable than the overt variety, because they hide.”

 

When you say ‘jobs,’ he says tax cuts – just like the Republicans, only Obama first cites the pain of the unemployed, so that you know he cares.”

“Believe it,” said the current Prevaricator-in-Chief, in the conclusion to his annual litany lies. President Obama’s specialty, honed to theatrical near-perfection over five disastrous years, is in crafting the sympathetic lie, designed to suspend disbelief among those targeted for oblivion, through displays of empathy for the victims. In contrast to the aggressive insults and bluster employed by Republican political actors, whose goal is to incite racist passions against the Other, the sympathetic Democratic liar disarms those who are about to be sacrificed by pretending to feel their pain.

Barack Obama, who has presided over the sharpest increases in economic inequality in U.S. history, adopts the persona of public advocate, reciting wrongs inflicted by unseen and unknown forces that have “deepened” the gap between the rich and the rest of us and “stalled” upward mobility. Having spent half a decade stuffing tens of trillions of dollars into the accounts of an ever shrinking gaggle of financial capitalists, Obama declares this to be “a year of action” in the opposite direction. “Believe it.” And if you do believe it, then crown him the Most Effective Liar of the young century.

Lies of omission are even more despicable than the overt variety, because they hide. The potentially most devastating Obama contribution to economic inequality is being crafted in secret by hundreds of corporate lobbyists and lawyers and their revolving-door counterparts in government. The Trans Pacific Partnership (TPP) trade deal, described as “NAFTA on steroids,” would accelerate the global Race to the Bottom that has made a wasteland of American manufacturing, plunging the working class into levels of poverty and insecurity without parallel in most people’s lifetimes, and totally eviscerating the meager gains of three generations of African Americans. Yet, the closest Obama came to even an oblique allusion to his great crime-in-the-making, was to announce that “new trade partnerships with Europe and the Asia-Pacific will help [small businesses] create even more jobs. We need to work together on tools like bipartisan trade promotion authority to protect our workers, protect our environment and open new markets to new goods stamped ‘Made in the USA.’” Like NAFTA twenty years ago – only far bigger and more diabolically destructive – TPP will have the opposite effect, destroying millions more jobs and further deepening worker insecurity. The Trans Pacific Partnership expands the legal basis for global economic inequalities – which is why the negotiations are secret, and why the treaty’s name could not be spoken in the State of the Union address. It is a lie of omission of global proportions. Give Obama his crown.

The Trans Pacific Partnership (TPP) trade deal, described as ‘NAFTA on steroids,’ would accelerate the global Race to the Bottom.”

The president who promised in his 2008 campaign to support a hike in the minimum wage to $9.50 by 2011, and then did nothing at all to make it happen, says this is the “year of action” when he’ll move heaven and earth to get a $10.10 minimum. He will start, Obama told the Congress and the nation, by issuing “an executive order requiring federal contractors to pay their federally-funded employees a fair wage of at least $10.10 an hour because if you cook our troops’ meals or wash their dishes, you should not have to live in poverty.” Obama neglected to mention that only new hires – a small fraction, beginning with zero, of the two million federal contract workers – will get the wage boost; a huge and conscious lie of omission. The fact that the president does not even propose a gradual, mandated increase for the rest of the two million shows he has no intention of using his full powers to ameliorate taxpayer-financed poverty. We can also expect Obama to issue waivers to every firm that claims a hardship, as is always his practice.

What is Obama’s jobs program? It is the same as laid out at last year’s State of the Union, and elaborated on last summer: lower business taxes and higher business subsidies. When you say “jobs,” he says tax cuts – just like the Republicans, only Obama first cites the pain of the unemployed, so that you know he cares. “Both Democrats and Republicans have argued that our tax code is riddled with wasteful, complicated loopholes that punish businesses investing here, and reward companies that keep profits abroad. Let’s flip that equation. Let’s work together to close those loopholes, end those incentives to ship jobs overseas, and lower tax rates for businesses that create jobs right here at home.” Actually, Obama wants to lower tax rates for all corporations to 28 percent, from 35 percent, as part of his ongoing quest for a Grand Bargain with Republicans. For Obama, the way to bring jobs back to the U.S. is to make American taxes and wages more “competitive” in the “global marketplace” – the Race to the Bottom.

In the final analysis, the sympathetic corporate Democrat and the arrogant corporate Republican offer only small variations on the same menu: ever increasing austerity. Obama bragged about reducing the deficit, never acknowledging that this has been accomplished on the backs of the poor, contributing mightily to economic inequality and social insecurity.

Obama offers nothing of substance, because he is not authorized by his corporate masters to do so. He takes his general orders from the same people as do the Republicans. That’s why Obama only speaks of minimum wage hikes while Republicans are in power, rather than when his own party controlled both houses of Congress. Grand Bargains are preferred, because they are the result of consensus between the two corporate parties. In effect, the Grand Bargain is the distilled political will of Wall Street, which feeds the donkey and the elephant. Wall Street – the 1 percent – believes the world is theirs for the taking, and they want all of it. Given this overarching truth, Obama has no choice but to stage a festival of lies.

BAR executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com

 

Barack Obama, the State of the Union and the Prison State

Wed, 01/29/2014 – 14:18 — Bruce A. Dixon

by BAR managing editor Bruce A. Dixon

For a generation now, predatory policing, the war on drugs and the prison state have been government’s most frequent intersection with young black Americans. The gossip before this year’s State of the Union was that the president would now do by executive order all those good things Republicans have blocked him on the last 3 years. Does that include reining in or rolling back the prison state? Should we hold our collective breath?

“…Obama campaigned in 2007 and 2008 saying he would pass legislation raising the minimum wage…”

In the days before this year’s State of the Union address, we heard a lot about how Barack Obama was finally about to unleash the mighty executive powers of his office to accomplish some of the many great things he’s always wanted to accomplish, those mostly unspecified things which evil and immoral Republicans have prevented him from doing. From long experience dating back at least to the Clinton era, the White House and Democratic party know this is an attractive picture to many, one that conveniently excuses Democrats in office from even trying to accomplish the real demands of the millions who vote them into office.

Barack Obama campaigned in 2007 and 2008 saying he would pass legislation raising the minimum wage and making it easier to organize unions so people could stand up for their own rights in the workplace. The president apparently lied. Once in office with a thumping majority in both houses of Congress the president promptly froze the wages of federal workers, and made no move to protect union organizing or to raise the minimum wage. Four and five years later, with the House of Representatives safely under Republican control, the president has begun to make noises about how “America deserves a raise” and has finally declared that federal contract workers will soon have to be paid a minimum of $10.10 per hour.

Although Barack Obama’s career, and those of the entire black political class are founded on the notion that they and the Democratic party somehow “represent” the aspirations and political power of African Americans, the policy concerns of black America were nowhere to be found in last night’s state of the union. The speech contained no mention of the persistent gap between black and white unemployment, or the widening gaps between black and white wealth, and reaffirmed his commitment to “Race To The Top” an initiative to privatize public education in poorer communities across the country.

” Obama could halt the construction and opening of the new federal supermax prison…”

And of course, no cluster of issues impact black America more savagely and disproportionately than police practices, the drug war and the prison state. African Americans are one eighth the US population, but more than 40% of its prisons and jails. Together with Latinos, who are another eighth and make up nearly 30% of US prisoners, people of color are a quarter of the US population and more than 70% of the locked down. No cluster of issues would benefit more from a few presidential initiatives and well placed strokes of the pen than police practices, the drug war and the prison state.

Here are just a handful of things President Obama and his party could and would do, things that Republicans are powerless to prevent, which would make a large and lasting impact upon the communities they purportedly represent.

With the stroke of a presidential pen, Barack Obama could halt the construction and opening of the new federal supermax prison at ADX Thomson in Illinois, also called “Gitmo North.” Citizen activists in the president’s home state last year managed to close down the state’s brutal supermax prison at Tammsbecause they know that supermax prisons do not rehabilitate, they are instruments of torture pure and simple. Ordinary citizens know that torture should not be a career, or a business governments engage in. Even Obama’s own Bureau of Prisons is on record as wanting to examine whether the regimes in supermax prisons across the country constitute torture. It’s time to look for that presidential pen.

The president could take public notice of the alarming militarization of police forces across the country and the wave of police shootings of civilians. Far more persons die in the US of police gunfire than of terrorist incidents and school shootings. The feds play an enormous role in the funding, training and arming of thousands of local police departments across the country, through its grants to the state-level training and certification agencies, and its authorization of the sale of military equipment to police departments. The result is that every county and town in the US now has a SWAT team, employing shoot-first-question-later tactics, and although African Americans are far from the only victims of unchecked police violence, a black person is killed by police, security officers or vigilantes once every 28 hours. Again, this is a case for a presidential statement, a few orders to underlings and that mighty executive pen.

The president could order his Justice Department to reconsider its objections to the retroactive reduction of unfair and disproportionate sentences to crack cocaine defendants. When the president signed the so-called Fair Sentencing Act reducing the crack to powder cocaine penalty ratio from 100 to 1 to 18 to 1 thousands of defendants should have been eligible for immediate release. But Obama’s and Eric Holder’s Justice Departments have gone to court repeatedly to keep them behind bars. Our civil rights establishment from the Mark Morials and Al Sharptons down, seem more invested in the prestige of the president than doing justice to prisoners, and so have politely refused to call Obama and Holder on this glaring disconnect between their public pronouncements and their actual policies. The mighty presidential pen in the hands of Barack Obama could have made a big difference here any time in the last several years, and still can, if only he will.

The president could use his mighty executive powers to release some long-time political prisoners. There’s Iman Jamil Al-Amin, the former H. Rap Brown who distinguished himself laying the foundations for what passes for black political empowerment, risking his life registering voters and conducting Freedom Schools in rural Alabama with the Student Nonviolent Coordinating Committee in the mid and early 1960s. After repeated attempts by Georgia officials in the 1990s to frame Al-Amin for shootings, one of these stuck long enough to get a shaky conviction in 1999. As pressure for a retrial from local community activists built up and even in the face of protests from establishment figures like former Atlanta mayor, congressman and ambassador Andy Young, Georgia officials transferred Al-Amin into federal custody in the dead of night, and the feds spirited him away to the hellhole at ADX Florence in Colorado where he has been for more than a decade. With a stroke of that might executive pen, President Obama could send Al-Amin back to Georgiawhere his family and attorneys could visit him, and pressure would mount on Georgia authorities to give him a new trial, in which he might well prove his innocence.

The president could pardon or grant clemency to Leonard Peltier, a Native American leader who has served a decade longer in prison than Nelson Mandela did for an offense that nobody at his trial even alleged he actually committed. Peltier is recognized around the world as a political prisoner. His continued imprisonment shows that many wounds from the 60s and 70s were never healed, and his release would demonstrate that this president acknowledges the need for this healing. After almost 40 years, Leonard Peltier surely deserves to come home.

President Obama could acknowledge the wave of hunger strikes and protests in prisons across the country, and name a commission to investigate how we can reverse the expansion of prisons, guarantee the re-absorption of former prisoners into society, and reverse the culture and law which discriminate against and punish former prisoners and their families for the rest of their lives. Right now a number of prisoners at Menard Penitentiary in the president’s home state of Illinois are waging a hunger strike, with demands that differ little from those raised by prisoners in California’s Pelican Bay last year, and those in Virginia, Georgia, Ohio and elsewhere.

We must not imagine that rolling back the carceral state is something no government on earth has ever done. Right now in Venezuela, that nation is confronting a crisis of crime, the practical limits of prison expansion, and of what kind of society they want to build. They’re taking a different path than so-called “progressives” here, who seem upset only about prisoners who are factually “innocent” and only about prisons if they’re privatized. Venezuela is frankly committed to shrinking its prison population and exploring models of restorative rather than punitive justice. There really are other ways to go, if we have the will and the vision our Democrats and Republicans lack.

Obama’s Attorney General has learned how to let the words “mass incarceration” roll off his lips fluently, after his recent discovery that such a thing actually exists. The president opined that Trayvon Martin could have been his own son, minus the status, the privilege, the neighborhood and a few other things. But that mighty presidential pen that can call commissions, impose directives, re-set priorities and make all manner of changes by executive order, changes that no evil and immoral Republicans can block or reverse, at least until they re-take the oval office, is still in that desk drawer, or wherever Barack Obama keeps it. He hasn’t found it the last five years in office. Maybe he will discover it in these last three.

Bruce A. Dixon is managing editor at Black Agenda Report and serves on the state committee of the Georgia Green Party. He lives and works in Marietta GA and can be contacted via this site’s contact page, or at bruce.dixon(at)blackagendareport.com.e pointed out repeatedly the last five years, there are boatloads of things a president anxious to serve the will of the people could do with the stroke of a pen

Contrary to Obama’s Promises, the US Military Still Permits Torture January 27, 2014

Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Human Rights, Torture.
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Roger’s note: we live in two different worlds, the world of illusionary rhetoric (from presidents and other political prostitutes, the mass media, etc.) and the world of reality.  Most of us who are middle class and/or live in a first world industrial nation live in the former fantasy world.  The vast majority of the rest of the world (third world non elites, victims of American military activities including drone missiles and corporate tyranny, etc.) live in reality.  Obama says torture is no more and the vast majority of Americans believe this lie; the thousands who continue to suffer under the continued regime of torture know better, they know the reality.  We live with the illusion that the United States is a civilized nation living according to Christian principles.  The reality is that that kindly articulate former community organizer, with his elegant wife and pleasant well-dressed children, oversees a nation whose barbarity more and more knows no limits.

 

Published on Sunday, January 26, 2014 by The Guardian

The Obama administration has replaced the use of brutal torture techniques with those that emphasize psychological torture

by Jeffrey Kaye

The United States Army Field Manual (AFM) on interrogation (pdf) has been sold to the American public and the world as a replacement for the brutal torture tactics used by the CIA and the Department of Defense during the Bush/Cheney administration.

(Photo: Futureatlas.com/ cc via Flickr)

On 22 January 2009, President Obama released an executive orderstating that any individual held by any US government agency “shall not be subjected to any interrogation technique or approach, or any treatment related to interrogation, that is not authorized by and listed in Army Field Manual 2 22.3.”

But a close reading of Department of Defense documents and investigations by numerous human rights agencies have shown that the current Army Field Manual itself uses techniques that are abusive and can even amount to torture.

Disturbingly, the latest version of the AFM mimicked the Bush administration in separating out “war on terror” prisoners as not subject to the same protections and rights as regular prisoners of war. Military authorities then added an appendix to the AFM that included techniques that could only be used on such “detainees”, ie, prisoners without POW status.

Labeled Appendix M, and propounding an additional, special “technique” called “Separation”,human rights and legal group have recognized that Appendix M includes numerous abusive techniques, including use of solitary confinement, sleep deprivation and sensory deprivation.

According to Appendix M, sleep can be limited to four hours per day for up to 30 days, and even more with approval. The same is true for use of isolation. Theoretically, sleep deprivation and solitary confinement could be extended indefinitely.

According to a 2003 US Southern Command instruction (pdf) to then-Secretary of Defense Donald Rumsfeld, sleep deprivation was defined “as keeping a detainee awake for more than 16 hours”. Only three years later, when a new version of the AFM was introduced, detainees were expected to stay awake for 20 hours. Meanwhile, language in the previous AFM forbidding both sleep deprivation and use of stress positions was quietly removed from the current manual.

The use of isolation as a torture technique has a long history. According to a classic psychiatric paper (pdf) on the psychological effects of isolation (aka solitary confinement), such treatment on prisoners can “cause severe psychiatric harm”, producing “an agitated confusional state which, in more severe cases, had the characteristics of a florid delirium, characterized by severe confusional, paranoid, and hallucinatory features, and also by intense agitation and random, impulsive, often self-directed violence.”

The application of the Appendix M techniques – which are considered risky enough to require the presence of a physician – are supposed to be combined with other “approaches” culled from the main text of the field manual, including techniques such as “Fear Up” and “Emotional Ego Down”. In fact, at the end of Appendix M, a combined use of its techniques with other approaches, specifically “Futility”, “Incentive”, and “Fear Up”, is suggested.

While “Fear Up” and “Incentive” approaches act somewhat like what they sound – using fear and promises to gain the “cooperation” of a prisoner under interrogation – “Futility” has a vague goal of imparting to a prisoner, according to the AFM, the notion that “resistance to questioning is futile”.

According to the manual:

This engenders a feeling of hopelessness and helplessness on the part of the source.

A review of documents released under FOIA (the Freedom of Information Act) shows that use of the “Futility” approach in the AFM was the rationale behind the use of loud music, strobe lights, and sexualized assaults and embarrassment on prisoners. The “Futility” technique pre-dates the introduction of the current Army Field Manual, which is numbered 2-22.3 and introduced in September 2006. In fact, the earlier AFM, labeled 35-52 (pdf), was the basis of numerous accusations of documented abuse.

In the executive summary of the 2005 Department of Defense’s Schimdt-Furlow investigation into alleged abuse of Guantanamo prisoners, the use of loud music and strobe lights on prisoners was labeled “music futility”, and considered an “allowed technique”. Defense Department investigators looked at accusation of misuse of such techniques, but never banned them.

Military investigators wrote,

Placement of a detainee in the interrogation booth and subjecting him to loud music and strobe lights should be limited and conducted within clearly prescribed limits.

Those limits were not specified.

Additionally, the Schmidt-Furlow investigators looked at instances where female interrogators had fondled prisoners, or pretended to splash menstrual blood upon them. According to military authorities, these were a form of “gender coercion”, and identified as a “futility technique”.

President Obama’s January 2009 executive order would seem to have halted the use of what the Defense Department called “gender coercion”, but not “music futility”. But we don’t know because of pervasive secrecy exactly what military or other interrogators do or don’t do when they employ the “Futility” technique.

Numerous human rights groups, including Amnesty International, Physicians for Human Rights, and the Institute on Medicine as a Profession and Open Society Foundations have called for the elimination of Appendix M and/or the rewriting of the entire Army Field Manual itself.

What has been lacking is a widespread public discourse that recognizes that swapping waterboarding and the CIA’s “enhanced interrogation” torture with the Army Field Manual as an instrument of humane interrogation only replaced the use of brutal torture techniques with those that emphasize psychological torture.

© 2014 The Guardian
Jeffrey Kaye

Jeffrey Kaye is a psychologist in private practice in San Francisco. He has worked professionally with torture victims and asylum applicants. Active in the anti-torture movement since 2006, he has his own blog, Invictus, and writes regularly for Firedoglake’s The Dissenter. He has published previously at Truthout, Alternet, and The Public Record.

U.N. Panel Questions Vatican Officials on Child Sex Abuse January 16, 2014

Posted by rogerhollander in Children, Criminal Justice, Religion.
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Roger’s note: This paragraph knocked me off my seat:

“Written answers from the Vatican emphasized the distinction between the Holy See and the Catholic Church and said that although it encouraged adherence to the principles of the convention globally, it was responsible only for implementing the convention in the territory of the Vatican City State.”

The Vatican, whose long vindictive arm reaches to the farthest corner of the glove to punish a priest or theologian who dares to advocate, for example, the ordination of women priests, this poor powerless Vatican, perhaps the most centralized authoritarian institution on the face of earth, this poor impotent Vatican finds that its hands are tied when it comes to enforcing the law that protects children from its abusive priests.  Five stars for chutzpah and hypocrisy.  But kudos to the Pope and his Cardinals for “encouraging” their priests to keep their hands (or worse) off children.  Not to mention protecting all those children running around the halls of the Vatican.

NICK CUMMING-BRUCEJAN. 16, 2014, New York Times

GENEVA — In an unusual appearance before a United Nations committee, Vatican officials faced questions on Thursday about the Holy See’s handling of sexual abuse of children by the clergy.

The officials, including Msgr. Charles J. Scicluna, who served as the Vatican’s chief sex crimes prosecutor for a decade up to 2012, are appearing before the Committee on the Rights of the Child to show how the Vatican is implementing a legally binding convention promoting child rights, which it signed in 1990.

Human rights organizations and groups representing victims of clerical abuse welcomed the hearing as the first occasion the Vatican has had to publicly defend its record.

“It’s a moment that has given hope and encouragement to victims across the globe,” Barbara Blaine, president of the Chicago-based Survivors Network of those Abused by Priests, said in Geneva ahead of the hearing.

Amid the shake-up launched by Pope Francis in the 10 months since he took office, rights groups also saw Thursday’s hearing as an occasion that could shed light on the pontiff’s approach to dealing with the clerical abuse scandal.

Pope Francis announced last month the creation of a new committee to tackle clerical abuse but has so far said little on the scandal that rocked the Roman Catholic Church around the world.

In questions posed by the U.N. committee before the hearing, the Vatican was asked to provide details of cases of sexual abuse committed by clergy that were brought to its attention, to detail measures for ensuring clergy accused of sexual abuse did not remain in contact with children, and to explain what explicit instructions it had given to ensure compulsory reporting of sexual abuse to the competent national authorities together with the cases where instructions had been given not to report abuse.

Written answers from the Vatican emphasized the distinction between the Holy See and the Catholic Church and said that although it encouraged adherence to the principles of the convention globally, it was responsible only for implementing the convention in the territory of the Vatican City State.

“It was quite shocking. It was a pretty direct, pretty blunt effort to sidestep the questions,” Pam Spees, an attorney with the New York-based Center for Constitutional Rights, which is seeking to hold Vatican officials responsible for sexual abuse crimes, said in an interview.

 

Ariel Sharon: Serial war criminal, mass murderer January 13, 2014

Posted by rogerhollander in Criminal Justice, Israel, Gaza & Middle East.
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The true legacy of a virulent anti-Arab racist

JANUARY 12, 2014

Ariel Sharon: mass murderer

“Ariel Sharon: Israeli Hawk Who Sought Peace on His Terms, Dies at 85,” read the headline in the January 12 issue of the New York Times. The Washington Post called Sharon “a monumental figure in Israel’s modern history” who “sought to become the architect of a peaceful future,” accompanied by a most kindly and grandfatherly photo. USA Today: “controversial and iconic.” And on and on in all the U.S. corporate media.

Most of the world knows better, and none know better than the Palestinian and Lebanese people, thousands of whom were victims of this serial war criminal. Sharon’s career was built on massacres–from Qibya in 1953, to Sabra and Shatila in 1982, to Jenin in 2002.

A virulent anti-Arab racist, Sharon had a long and bloody history of murder and repression against the Palestinian people. In the early 1950s, he commanded Unit 101, a special forces company that carried out massacres against Palestinian exiles in Gaza and Jordan.

Despite having conquered 78 percent of Palestine in the 1948 war, Israel’s leaders were far from satisfied.  As has been extensively documented by many Israeli as well as Palestinian historians, Israel sought to provoke a “Second Round” in the early 1950s, in order to take over the West Bank, then under Jordanian rule, Gaza, and more.

A main Israeli tactic was called “retaliation.” In response to recently expelled Palestinians coming across the borders back into their homeland from Gaza and the West Bank, the Israeli army (IDF) would carry out large-scale attacks and massacres.

For diplomatic and public relations purposes, it was extremely important to Israel to be seen as victim rather than aggressor. This remains true down to the present.

“Retaliation” was really provocation; the intent was to get Jordan or Egypt to react militarily to the massacres, which could then be used by Israel as a pretext for a new war of conquest.

On Oct. 14, 1953, Unit 101, led by Sharon, attacked Qibya, a small, undefended village inside the West Bank, and massacred 69 people, many of them burned alive inside their homes. Unit 101 suffered no casualties. It was an atrocity sanctioned at the top and carried out for political ends.

The Qibya raid drew worldwide condemnation, and Jordan, much militarily weaker than Israel, did not respond as the Israeli leaders had hoped. The conquest of the West Bank and Gaza would have to wait until 1967.

Sabra  and Shatila massacres

Following the 1967 war of conquest, Sharon was the military governor of Gaza, renowned for extreme brutality in carrying out a policy of systematic torture and assassination of Palestinians resisting occupation.
Sharon is most notorious for the 1982 invasion of Lebanon and the massacres of Palestinians in the Sabra and Shatila refugee camps in Beirut. As Israel’s defense minister, Sharon organized and led, with full U.S. backing, the massive assault on Lebanon. For three months in the summer of 1982, Israeli bombers, supplied by the U.S., relentlessly pounded Beirut and other cities and towns, killing more than 20,000 Lebanese and Palestinian civilians. Lebanon had no air defense system.

The stated objective of the invasion was to drive the Palestine Liberation Organization out of Lebanon. There are more than 400,000 Palestinian refugees–those driven from their homeland to make way for the state of Israel in 1948 and their descendants–living in Lebanon. Altogether, more than seven million Palestinians today live in exile.

After three months of bombing, the central PLO leadership agreed to evacuate its fighters from Lebanon. As part of the cease-fire agreement requiring them to leave, the remaining Palestinian civilian population was to be placed under international protection.

Sharon, however, publicly stated that 2,000 “terrorists” remained in the Sabra and Shatila Palestinian refugee camps in West Beirut. In reality, those remaining in the camps were almost all children, women and elderly men. Virtually all of the young men had been evacuated.

Israeli tanks surrounded the camps in violation of the cease-fire agreement. Then, on Sept. 16, 1982, with the full knowledge and consent of Sharon and the Israeli occupiers then in control of the area, Lebanese Phalangist militias were allowed to enter Sabra and Shatila in west Beirut.

The fascist Phalange—open admirers of Adolf Hitler who took their name from Franco’s party in Spain—were Israel’s closest allies in Lebanon. The Phalangists wore Israeli-supplied uniforms and carried Israeli-supplied weapons.
For three days, they rampaged through the Palestinian camps, torturing, raping and murdering. Many of the victims were disemboweled or decapitated. No one was spared—neither the very old nor the very young. By the end, more than 1,900 Palestinian children, women and men lay dead.

Though overwhelming evidence showed that Sharon and other Israeli commanders had sent the fascists into the undefended camps, a 1983 Israeli court of inquiry found Sharon only “indirectly responsible” for the massacre. One might think that even “indirect” responsibility for the butchering of nearly two thousand people would mean at least an end to the guilty individual’s political career. But not in apartheid Israel.
While Sharon was forced to resign from the Israeli cabinet following the court of inquiry, he continued to be a key political actor and came back as a cabinet minister in the 1990s.

Al-Aqsa Intifada and Sharon’s election as prime minister

On September 28, 2000, Sharon staged another famous provocation, “visiting” the Al-Aqsa Mosque in Jerusalem, an important Muslim holy site. While proclaiming his “right” to travel anywhere in Jerusalem, the hated killer did not venture out alone. Instead, he was accompanied by 1,500 armed police. Even so, hundreds of Palestinians fought back, marking the start of the Al-Aqsa intifada or uprising, which would continue for many years.

Five months later, in February 2001, Sharon was elected prime minister. In March 2002, the Israeli military carried out a massive operation in the West Bank and Gaza seeking to suppress the intifada. Among the most brutal attacks was one on the Jenin refugee camp in the northern West Bank. Over several days, using militarized bulldozers along with heavy weapons, the Israel military demolished much of the camp, burying many people alive.

The same year, Sharon began building the apartheid wall through the West Bank confiscating still more Palestinian land.

Sharon: The imaginary “peacemaker”

The false claim that Sharon turned into a “man of peace” hinges on his decision to withdraw military bases and the small, non-viable Israeli settlements from inside Gaza. And while Palestinians in Gaza welcomed the withdrawal, Israel continued to keep Gaza surrounded and blockaded.

Sharon’s decision to withdraw from Gaza, while denounced by some fascist settlers, was based on a determination to secure even more control of the West Bank
In a July 21, 2000 interview with the Jerusalem Post, several months before he became prime minister, Sharon called for Israel to “retain greater Jerusalem, united and undivided…under full Israeli sovereignty.” This refers to the Palestinian Old City and all of the surrounding areas that Israel illegally annexed after the 1967 war.

“Israel will retain under its full control sufficiently wide security zones—in both the East and West. The Jordan Valley, in its broadest sense, as defined by the Allon Plan, will be the eastern security zone of Israel.”
Sharon called for large areas of the illegally occupied West Bank to be annexed. “Jewish towns, villages and communities in Judea, Samaria and Gaza, as well as access roads leading to them…will remain under full Israeli control,” Sharon continued. “Judea and Samaria” is the Israeli settlers’ name for the West Bank.

“Israel does not accept under any circumstances the Palestinian demand for the right to return. Israel bears no moral responsibility for the refugees’ predicament.”

“As a vital existential need, Israel must continue to control the underground fresh water aquifers in western Samaria [the West Bank]…The Palestinians are obligated to prevent contamination of Israel’s water resources.”

The Palestinian “state” that Sharon proposed was one that would be unlike any other country in the world. It would not control its own resources including water, or its airspace, or even its own borders, and would be a defenseless entity smack up against one of the world’s most highly militarized states.

False headlines notwithstanding, Sharon will go down in history not as any kind of imagined peacemaker, but instead as the blood-stained and racist mass murderer that he was.

Content may be reprinted with credit to LiberationNews.org.

Federal Judge Orders ‘Compassionate Release’ of Attorney Lynne Stewart January 1, 2014

Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Media.
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Roger’s note: amidst all the crap, some good news from a judge for a change.

 

alg-stewart-jpg

 

 

‘Today’s small measure of justice does little to repair the damage wrought by the government’s unjust prosecution of an advocate whose service to society has been widely documented.’

- Jacob Chamberlain, staff writer

A federal judge ordered the “compassionate release” of former defense lawyer Lynne Stewart on Tuesday on the grounds that she has been diagnosed with terminal cancer with a life expectancy of less than 18 months.Lynn Stewart’s husband, Ralph Poynter, right, protests with others outside a Manhattan court in August (Reuters)

Stewart, 74, who is known for representing underserved and unpopular defendants, has served four years out of a ten-year sentence at the Federal Medical Center Carswell (FMC Carswell) in Fort Worth, Texas, in connection with her defense of Sheikh Omar Abdel Rahman. Stewart allegedly helped pass messages between Abdel-Rahman, an Egyptian cleric convicted of planning terror attacks, and an organization designated as a Foreign Terrorist Organization by the United States Secretary of State.

Presiding Judge John Koeltl wrote that Stewart’s “terminal medical condition and very limited life expectancy constitute extraordinary and compelling reasons that warrant the requested reduction [of her sentence.]… It is further ordered that the defendant shall be released from the custody of the Federal Bureau of Prisons as soon as her medical condition permits, the release plan is implemented and travel arrangements can be made.”

Stewart left prison on Tuesday and headed for New York City to live with her family.

Jill Shellow, Stewart’s attorney, told CNN her client’s supporters were “overjoyed that she will spend her remaining days with her family.”

“From arrest to sentencing, Lynne Stewart’s case was used by the Department of Justice to send a chilling message to attorneys: think twice about who you represent!” said Heidi Boghosian, Executive Director of the National Lawyers Guild, of which Stewart was a member. “Today’s small measure of justice does little to repair the damage wrought by the government’s unjust prosecution of an advocate whose service to society has been widely documented.”

Robert J. Boyle, one of Lynne Stewart’s attorneys added, “We are gratified and thankful that the government has agreed to Lynne’s compassionate release request. She has dedicated her life to fighting for justice for the underserved and unpopular. Lynne can now return home to her family and to the community that loves her.”

The Media Should Stop Pretending Marijuana’s Risks Are a Mystery — The Science Is Clear December 27, 2013

Posted by rogerhollander in Criminal Justice, Drugs, Health.
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Roger’s note: “Don’t Bogart that joint, my friend, pass it on over to me …”

 

signatures-to-legalize

 Paul Armentano

Speaking recently with the Los Angeles Times, UCLA professor and former Washington state “pot czar” Mark Kleiman implied that we as a society are largely ignorant when it comes to the subject of weed. Speaking with Times columnist Patt Morrison, Kleiman stated, “I keep saying we don’t know nearly as much about cannabis as Pillsbury knows about brownie mix.”

Kleiman’s allegation—that the marijuana plant and its effects on society still remains largely a mystery—is a fairly common refrain. But it is far from accurate.

Despite the US government’s nearly century-long prohibition of the plant, cannabis is nonetheless one of the most investigated therapeutically active substances in history. To date, there are over 20,000 published studies or reviews in the scientific literature referencing the cannabis plant and its cannabinoids, nearly half of which were published within the last five years according to a keyword search on PubMed Central, the US government repository for peer-reviewed scientific research. Over 1,450 peer-reviewed papers were published in 2013 alone. (By contrast, a keyword search of “hydrocodone,” a commonly prescribed painkiller, yields just over 600 total references in the entire body of available scientific literature.)

What information do these thousands of studies about cannabis provide us? For starters, they reveal that marijuana and its active constituents, known as cannabinoids, are relatively safe and effective therapeutic and/or recreational compounds. Unlike alcohol and most prescription or over-the-counter medications, cannabinoids are virtually nontoxic to health cells or organs, and they are incapable of causing the user to experience a fatal overdose. Unlike opiates or ethanol, cannabinoids are not classified as central nervous depressants and cannot cause respiratory failure. In fact, a 2008 meta-analysis published in the Journal of the Canadian Medical Associationreported that cannabis-based drugs were associated with virtually no elevated incidences of serious adverse side-effects in over 30 years of investigative use.

Studies further reveal that the marijuana plant contains in excess of 60 active compounds that likely possess distinctive therapeutic properties. One recent review identified some 30 separate therapeutic properties—including anti-cancer properties, anti-diabetic properties, neuroprotection, and anti-stroke properties—influenced by cannabinoids other than THC. While not all of these effects have been replicated in clinical trials, many have.

A recent review by researchers in Germany reported that between 2005 and 2009 there were 37 controlled studies assessing the safety and efficacy of cannabinoids, involving a total of 2,563 subjects. Most recently, a summary of FDA-approved, University of California trials assessing the safety and efficacy of inhaled cannabis in several hundred subjects concluded: “Based on evidence currently available the Schedule I classification is not tenable; it is not accurate that cannabis has no medical value, or that information on safety is lacking.”

By contrast, many legally approved medications are brought to market on the basis of far fewer trials involving far fewer total participants.

Finally, we know that Western civilization has been consuming cannabis as both a therapeutic agent and a relaxant for thousands of years with relatively few adverse consequences, either to the individual user or to society. No less than the World Health Organization commissioned a team of experts to compare the health and societal consequences of marijuana use compared to other controlled substances, including alcohol, nicotine and opiates. After quantifying the harms associated with each substance, researchers concluded: “Overall, most of these risks (associated with marijuana) are small to moderate in size. In aggregate they are unlikely to produce public health problems comparable in scale to those currently produced by alcohol and tobacco. On existing patterns of use, cannabis poses a much less serious public health problem than is currently posed by alcohol and tobacco in Western societies.”

Does this mean that consuming marijuana is altogether without risk or that scientific investigations shouldn’t continue into the plant’s pharmacology? Of course not. But it is clear that we now know as much, if not more, about pot than we know about the actions of alcohol, tobacco and many prescription pharmaceuticals. And most certainly we know enough about cannabis, as well as the failures of cannabis prohibition, to stop arresting adults who consume it responsibly.

Paul Armentano is the deputy director of NORML (National Organization for the Reform of Marijuana Laws), and is the co-author of Marijuana Is Safer: So Why Are We Driving People to Drink (2009, Chelsea Green).

US Court: Military’s Prisoners in Afghanistan Have No Rights December 26, 2013

Posted by rogerhollander in Criminal Justice, Human Rights, Iraq and Afghanistan, Torture, War.
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Roger’s note: this article, of course, contradicts the myth that under Obama torture and illegal detention has stopped.

 

In Christmas Eve ruling, judges say U.S. Constitution does not apply to notorious Bagram prison

- Sarah Lazare, staff writer

Afghanistan’s Bagram prison. (Photo: File)

In a Christmas Eve ruling that passed with little fanfare, three U.S. Appeals Court Judges gave their legal stamp of approval to indefinite detentions without trial for prisoners of the U.S. military in occupied Afghanistan.

In a 44-page decision, penned by George H.W. Bush appointee Judge Karen Henderson, the habeas corpus petitions filed by five captives at Afghanistan’s infamous Bagram military prison—known to some as the “Other Guantanamo“—were rejected.

The petitions were invoking the men’s rights to challenge unlawful detention—rights recognized by the U.S. Supreme Court for Guantanamo Bay inmates (though not fully implemented in practice).

The ruling claimed there are “significant differences between Bagram and Guantanamo” because “our forces at Bagram… are actively engaged in a war with a determined enemy.”

Yet, as Michael Doyle writing for McClatchy notes, “[O]ne might wonder whether a ‘war’ has changed into an ‘occupation,’ and whether that affects the legal analysis.”

The court statement expressed concern that “orders issued by judges thousands of miles away would undercut the commanders’ authority” and “granting the habeas corpus petitions would distract “from the military offensive abroad to the legal defensive at home.”

The report claimed there are many “practical obstacles” to honoring these inmates’ constitutional rights.

The decision followed in the path of a 2010 similar ruling, which involved three of the five appellants who report having been captured outside of Afghanistan—in Thailand, Iraq and Pakistan.

The U.S. maintains control over the prison’s non-Afghan inmates, many of whom were captured in other countries then transported to this prison, giving the U.S. military broad latitude to violate their rights and hold them indefinitely.

Bagram, which is under an even more stringent media blackout than Guantanamo Bay, is notorious for torture and abuse, including sleep deprivation, beatings, sexual assault, rape and dehumanization.

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The Play’s the Thing December 16, 2013

Posted by rogerhollander in Art, Literature and Culture, Criminal Justice, Education, Poverty, Race, Racism, Torture.
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Posted on Dec 15, 2013, http://www.truthdig.com

AP/Ted S. Warren
Pulitzer Prize-winning playwright August Wilson in his Seattle neighborhood in 2003.

 

By Chris Hedges

 

I began teaching a class of 28 prisoners at a maximum-security prison in New Jersey during the first week of September. My last class meeting was Friday. The course revolved around plays by August Wilson, James Baldwin, John Herbert, Tarell Alvin McCraney, Miguel Piñero, Amiri Baraka and other playwrights who examine and give expression to the realities of America’s black underclass as well as the prison culture. We also read Michelle Alexander’s important book “The New Jim Crow: Mass Incarceration in the Age of Colorblindness.” Each week the students were required to write dramatic scenes based on their experiences in and out of prison.

 

My class, although I did not know this when I began teaching, had the most literate and accomplished writers in the prison. And when I read the first batch of scenes it was immediately apparent that among these students was exceptional talent.

 

The class members had a keen eye for detail, had lived through the moral and physical struggles of prison life and had the ability to capture the patois of the urban poor and the prison underclass. They were able to portray in dramatic scenes and dialogue the horror of being locked in cages for years. And although the play they collectively wrote is fundamentally about sacrifice—the sacrifice of mothers for children, brothers for brothers, prisoners for prisoners—the title they chose was “Caged.” They made it clear that the traps that hold them are as present in impoverished urban communities as in prison.

 

The mass incarceration of primarily poor people of color, people who seldom have access to adequate legal defense and who are often kept behind bars for years for nonviolent crimes or for crimes they did not commit, is one of the most shameful mass injustices committed in the United States. The 28 men in my class have cumulatively spent 515 years in prison. Some of their sentences are utterly disproportionate to the crimes of which they are accused. Most are not even close to finishing their sentences or coming before a parole board, which rarely grants first-time applicants their liberty. Many of them are in for life. One of my students was arrested at the age of 14 for a crime that strong evidence suggests he did not commit. He will not be eligible for parole until he is 70. He never had a chance in court and because he cannot afford a private attorney he has no chance now of challenging the grotesque sentence handed to him as a child.

 

My stacks of 28 scenes written by the students each week, the paper bearing the musty, sour smell of the prison, rose into an ungainly pile. I laboriously shaped and edited the material. It grew, line by line, scene by scene, into a powerful and deeply moving dramatic vehicle. The voices and reality of those at the very bottom rung of our society—some of the 2.2 million people in prisons and jails across the country, those we as a society are permitted to demonize and hate, just as African-Americans were once demonized and hated during slavery and Jim Crow—began to flash across the pages like lightning strikes. There was more brilliance, literacy, passion, wisdom and integrity in that classroom than in any other classroom I have taught in, and I have taught at some of the most elite universities in the country. The mass incarceration of men and women like my students impoverishes not just them, their families and their communities, but the rest of us as well.

 

“The most valuable blacks are those in prison,” August Wilson once said, “those who have the warrior spirit, who had a sense of being African. They got for their women and children what they needed when all other avenues were closed to them.” He added: “The greatest spirit of resistance among blacks [is] found among those in prison.”

I increased the class meetings by one night a week. I read the scenes to my wife, Eunice Wong, who is a professional actor, and friends such as the cartoonist Joe Sacco and the theologian James Cone. Something unique, almost magical, was happening in the prison classroom—a place I could reach only after passing through two metal doors and a metal detector, subjecting myself to a pat-down by a guard, an X-ray inspection of my canvas bag of books and papers, getting my hand stamped and then checked under an ultraviolet light, and then passing through another metal door into a barred circular enclosure. In every visit I was made to stand in the enclosure for several minutes before being permitted by the guards to pass through a barred gate and then walk up blue metal stairs, through a gantlet of blue-uniformed prison guards, to my classroom.

 

The class, through the creation of the play, became an intense place of reflection, debate and self-discovery. Offhand comments, such as the one made by a student who has spent 22 years behind bars, that “just because your family doesn’t visit you doesn’t mean they don’t love you,” reflected the pain, loneliness and abandonment embedded in the lives of my students. There were moments that left the class unable to speak.

A student with 19 years behind bars read his half of a phone dialogue between himself and his mother. He was the product of rape and tells his mother that he sacrificed himself to keep his half brother—the only son his mother loves—out of prison. He read this passage in the presentation of the play in the prison chapel last Thursday to visitors who included Cornel West and James Cone.

 

Terrance:  You don’t understand[,] Ma.

Pause

Terrance: You’re right. Never mind.

PauseTerrance: What you want me to say Ma?

Pause

Terrance: Ma, they were going to lock up Bruce. The chrome [the gun] was in the car. Everyone in the car would be charged with murder if no one copped to it …

Pause

Terrance: I didn’t kill anyone Ma… Oh yeah, I forgot, whenever someone says I did, I did it.

Pause

Terrance: I told ’em what they wanted to hear. That’s what niggas supposed to do in Newark. I told them what they wanted to hear to keep Bruce out of it. Did they tell you who got killed? Did they say it was my father?

Pause

Terrance: Then you should know I didn’t do it. If I ever went to jail for anything it would be killing him … and he ain’t dead yet. Rape done brought me into the world. Prison gonna take me out. An’ that’s the way it is Ma.

Pause

Terrance: Come on Ma, if Bruce went to jail you would’uv never forgiven me. Me, on the other hand, I wasn’t ever supposed to be here.

Pause

Terrance: I’m sorry Ma … I’m sorry. Don’t be cryin’. You got Bruce. You got him home. He’s your baby. Bye Ma. I call you later.

 

 

After our final reading of the play I discovered the student who wrote this passage sobbing in the bathroom, convulsed with grief.

 

In the play when a young prisoner contemplates killing another prisoner he is given advice on how to survive prolonged isolation in the management control unit (solitary confinement, known as MCU) by an older prisoner who has spent 30 years in prison under a sentence of double life. There are 80,000 U.S. prisoners held in solitary confinement, which human rights organizations such as Amnesty International define as a form of torture. In this scene the older man tells the young inmate what to expect from the COs, or correction officers.

 

Ojore (speaking slowly and softly): When they come and get you, ’cause they are gonna get you, have your hands out in front of you with your palms showing. You want them to see you have no weapons. Don’t make no sudden moves. Put your hands behind your head. Drop to your knees as soon as they begin barking out commands.

Omar: My knees?

Ojore: This ain’t a debate. I’m telling you how to survive the hell you ’bout to endure. When you get to the hole you ain’t gonna be allowed to have nothing but what they give you. If you really piss them off you get a ‘dry cell’ where the sink and the toilet are turned on and off from outside. You gonna be isolated. No contact. No communication.

Omar: Why?

Ojore: ’Cause they don’t want you sendin’ messages to nobody before dey question some of da brothers on the wing. IA [internal affairs officers] gonna come and see you. They gonna want a statement. If you don’t talk they gonna try and break you. They gonna open the windows and let the cold in. They gonna take ya sheets and blankets away. They gonna mess with ya food so you can’t eat it. An’ don’t eat no food that come in trays from the Vroom Building. Nuts in Vroom be spittin’, pissin’ and shittin’ in the trays. Now, the COs gonna wake you up every hour on the hour so you can’t sleep. They gonna put a bright-ass spotlight in front of ya cell and keep it on day and night. They gonna harass you wit’ all kinds of threats to get you to cooperate. They will send in the turtles in their shin guards, gloves, shank-proof vests, forearm guards and helmets with plexiglass shields on every shift to give you beat-downs.

Omar: How long this gonna go on?

Ojore: Til they break you. Or til they don’t. Three days. Three weeks. You don’t break, it go on like this for a long time. An’ if you don’t think you can take it, then don’t start puttin’ yerself through this hell. Just tell ’em what they wanna know from the door. You gonna be in MCU for the next two or three years. You’ll get indicted for murder. You lookin’ at a life bid. An’ remember MCU ain’t jus’ ’bout isolation. It’s ’bout keeping you off balance. The COs, dressed up in riot gear, wake you up at 1 a.m., force you to strip and make you grab all your things and move you to another cell just to harass you. They bring in dogs trained to go for your balls. You spend 24 hours alone one day in your cell and 22 the next. They put you in the MCU and wait for you to self-destruct. An’ it works. Men self-mutilate. Men get paranoid. Men have panic attacks. They start hearing voices. They talk crazy to themselves. I seen one prisoner swallow a pack of AA batteries. I seen a man shove a pencil up his dick. I seen men toss human shit around like it was a ball game. I seen men eat their own shit and rub it all over themselves like it was some kinda body lotion. Then, when you really get out of control, when you go really crazy, they got all their torture instruments ready—four- and five-point restraints, restraint hoods, restraint belts, restraint beds, stun grenades, stun guns, stun belts, spit hoods, tethers, and waist and leg chains. But the physical stuff ain’t the worst. The worst is the psychological, the humiliation, sleep deprivation, sensory disorientation, extreme light or dark, extreme cold or heat and the long weeks and months of solitary. If you don’t have a strong sense of purpose you don’t survive. They want to defeat you mentally. An’ I seen a lot of men defeated.

 

The various drafts of the play, made up of scenes and dialogue contributed by everyone in the class, brought to the surface the suppressed emotions and pain that the students bear with profound dignity. A prisoner who has been incarcerated for 22 years related a conversation with his wife during her final visit in 1997. Earlier his 6-year-old son had innocently revealed that the woman was seeing another man. “I am aware of what kind of time I got,” he tells his wife. “I told you when I got found guilty to move on with your life, because I knew what kind of time I was facing, but you chose to stick around. The reason I told you to move on with your life was because I didn’t want to be selfish. So look, man, do what the fuck you are going to do, just don’t keep my son from me. That’s all I ask.” He never saw his child again. When he handed me the account he said he was emotionally unable to read it out loud.

Those with life sentences wrote about dying in prison. The prisoners are painfully aware that some of them will end their lives in the medical wing without family, friends or even former cellmates. One prisoner, who wrote about how men in prolonged isolation adopt prison mice as pets, naming them, carefully bathing them, talking to them and keeping them on string leashes, worked in the prison infirmary. He said that as some prisoners were dying they would ask him to hold their hand. Often no one comes to collect the bodies. Often, family members and relatives are dead or long estranged. The corpses are taken by the guards and dumped in unmarked graves.

 

A discussion of Wilson’s play “Fences” became an exploration of damaged manhood and how patterns of abuse are passed down from father to son. “I spent my whole life trying not to be my father,” a prisoner who has been locked up for 23 years said. “And when I got to Trenton I was put in his old cell.”

 

The night we spoke about the brilliant play “Dutchman,” by LeRoi Jones, now known as Amira Baraka, the class grappled with whites’ deeply embedded stereotypes and latent fear of black men. I had also passed out copies of Robert Crumb’s savage cartoon strip “When the Niggers Take Over America!,” which portrays whites’ fear of black males—as well as the legitimate black rage that is rarely understood by white society.

 

The students wanted to be true to the violence and brutality of the streets and prison—places where one does not usually have the luxury of being nonviolent—yet affirm themselves as dignified and sensitive human beings. They did not want to paint everyone in the prison as innocents. But they know that transformation and redemption are real.

 

There are many Muslims in the prison. They have a cohesive community, sense of discipline and knowledge of their own history, which is the history of the long repression and subjugation of African-Americans. Most Muslims are very careful about their language in prison and do not curse, meaning I had to be careful when I assigned parts to the class.

There is a deep reverence in the prison for Malcolm X. When the class spoke of him one could almost feel Malcolm’s presence. Malcolm articulated, in a way Martin Luther King Jr. did not, the harsh reality of poor African-Americans trapped in the internal colonies of the urban North.

 

The class wanted the central oracle of the play to be an observant Muslim. Faith, when you live in the totalitarian world of the prison, is important. The conclusion of the play was the result of an intense and heated discussion about the efficacy and nature of violence and forgiveness. But by the end of a nearly hourlong discussion the class had unanimously signed off on the final scene, which I do not want to reveal here because I hope that one day it will be available to be seen or read. It was the core message the prisoners wanted most to leave with outsiders, who often view them as less than human.

 

The play has a visceral, raw anger and undeniable truth that only the lost and the damned can articulate. The students wrote a dedication that read: “We have been buried alive behind these walls for years, often decades. Most of the outside world has abandoned us. But a few friends and family have never forgotten that we are human beings and worthy of life. It is to them, our saints, that we dedicate this play.” And they said that if the play was ever produced, and if anyone ever bought tickets, they wanted all the money that might be earned to go to funding the educational program at the prison. This was a decision by men who make, at most, a dollar a day at prison jobs.

 

We read the Wilson play “Joe Turner’s Come and Gone.” The character Bynum Walker, a conjurer, tells shattered African-Americans emerging from the nightmare of slavery that they each have a song but they must seek it out. Once they find their song they will find their unity as a people, their inner freedom and their identity. The search for one’s song in Wilson’s play functions like prayer. It gives each person a purpose, strength and hope. It allows a person, even one who has been bitterly oppressed, to speak his or her truth defiantly to the world. Our song affirms us, even if we are dejected and despised, as human beings.

 

Prisoners are given very little time by the guards to line up in the corridor outside the classroom when the prison bell signals the end of class. If they lag behind they can get a “charge” from the guards that can restrict their already very limited privileges and freedom of movement. For this reason, my classroom emptied quickly Friday night. I was left alone in the empty space, my eyes damp, my hands trembling as I clutched their manuscript. They had all signed it for me. I made the long and lonely walk down the prison corridors, through the four metal security doors, past the security desk to the dark, frozen parking lot. I looked back, past the coils of razor wire that topped the chain-link fencing, at the shadowy bulk of the prison. I have their song. I will make it heard. I do not know what it takes to fund and mount a theater production. I intend to learn.

Stop and Kiss: NYPD Need to Chill December 10, 2013

Posted by rogerhollander in Criminal Justice, Humor, New York, Racism.
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Roger’s note: Who says the New York City police are racist?  Watch this video and see how affectionate they can be with the unpleasant minorities that clutter up their (once) lily white city.

 

 

by Abby Zimet

Mayor Bloomberg is defending his city’s controversial stop-and-kiss program whereby the NYPD can kiss anyone – often black and Latino – they think looks suspicious. Great video from The Onion, which apparently many dismayed people have never heard of.

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