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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

America’s Eichmann November 22, 2013

Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Racism, Torture.
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Roger’s note: Going back to my days protesting racism and the Vietnam War I have unapologetically used the word “fascist” or “neo-fascist” to describe aspects of the actions of the United States government.  I am well aware of what  the author of this article refers to as Godwin’s Law, that we dare not compare Americans to Nazis in polite company.  I often try to think what it would have been like to have been an “ordinary” German citizen in the 1930s and 1940s.  I imagine that one woke up in the morning, ate breakfast, sent the kids off to school, and then headed to whatever job she/he worked at.  The sun came up in the morning and the moon at night.  People ate, drank, partied, and, yes, they would also have discussed politics.  Their discussions would have had a lot in common with how many Americans see themselves, that is, as victims.  The reparations imposed by the Allies after WWI had created economic hardships that all Germans felt.  That was their primary reality.  Germans who were educated and who should have known better, would obviously been aware of the officially sanctioned antisemitism and other excesses of the Hitler regime.  Some few would have protested and paid a price, other would have rationalized.  How is this different, I ask, from American reaction the atrocities in my lifetime that have occurred as a direct or indirect result of U.S. government activity, including but not limited to Vietnam, Agent Orange, Latin American death squads, endemic racist, sexist and homophobic urban policing, the Bush/Cheney torture and rendition regime, the hundreds of thousands if not millions killed in the declared wars in Iraq and Afghanistan, and the men, women and children destroyed by American drone missiles?

This article focuses on the prison industrial complex, but I note that it fails to include a discussion of the privatization of a large segment of the prison industry, using prisoners as slave labor, and the various forms of torture including years to decades of solitary confinement.

Since this article if focused on criminal justice, it identifies only one of thousands of Eichmanns who spend your American tax dollars on destroying human life.

 

OpEdNews Op Eds 11/21/2013 at 19:44:02

By (about the author)

Godwin’s Law is an assertion, widely credited to Mike Godwin of the Electronic Freedom Foundation, basically holding that a discussion essentially ends when a Nazi or Hitler analogy is raised and signals that the party making such a comparison has lost the argument. It is widely cited, particularly in the blogosphere, whenever the inevitable comparisons are made between current U.S. repressive/invasive procedures and those employed by an earlier repressive regime that according to Godwin, must remain nameless when discussing despicable state tactics.

 


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Godwin’s Law, credited to Mike Godwin, has diminished the discussion of parallels between current U.S. policy and Nazi Germany  


Various players have different motives for promulgating Godwin’s Law. There are the victims of Nazi oppression who seek to ensure a unique place in history for themselves, and in order to do so must see that any other villainous regime is perceived to be relegated to a level no greater than penultimate evil. Then there are the regimes themselves which have a vested interest in quelling any embarrassing or unwanted comparisons. Regardless of the motivation, there seems to be little doubt that absurdities like Godwin’s Law do little to advance meaningful analysis and more likely stifle necessary and legitimate discourse.

An honest examination of the prison-industrial complex in the U.S. demands a total defenestration of Godwin’s Law and anything else interfering with the ability to compare the U.S. “justice” system with those of other similarly malevolent regimes. Those who seek to defend the status quo in the U.S. will reflexively cite the fact that Hitler, Stalin, Mao and others have killed more of their people, etc., but while true, this misses the real point and inherent maliciousness of the current situation in the U.S.


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Adolph Hitler is uniquely evil and exempt from comparison according to Godwin’s Law


Much of the damage done by the U.S. justice system is allowed to occur with little or no oversight as a result of the U.S.’s self-proclaimed role as the world’s moral arbiter. Indeed, much in the way in which Richard Nixon claimed that “when the president does it, that means it is not illegal,” it is now similarly asserted that if the U.S. does it, it must be permissible. Even the most egregious violations can be explained away by attributing their necessity to something as vague as “terrorism.” Godwin’s Law prevents the interjection of the historical fact that similar claims were made by another regime that relied upon comparable and similarly vague justifications.


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Adolph Eichmann was executed for crimes arising out of overseeing a network of prisons for the Third Reich


And so in the spirit of breaking free from the artificial constraints of Godwin, it can be straightforwardly reported that America has its own equivalent of Adolph Eichmann in the person of Charles E. Samuels, Jr., director of the federal Bureau of Prisons. There are obvious parallels between the governmental tasks performed by Eichmann and Samuels. Like Eichmann, he is responsible for the management of prisoner logistics, heading a nationwide network of gulags where enemies of the regime are dispatched for an ever-expanding variety of infractions, both real and imagined.


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Charles Samuels currently serves as the head of America’s vast network of federal gulags  


  

Samuels, installed by President Barack Obama, is the first person of color to hold the post. This fact was widely celebrated by a fawning press following his installation but given that minorities are the largest victims of the prison-industrial complex in the U.S., placing a black man in the position was recognized by more seasoned observers as a cynical ploy to sugar-coat the face of systematically repressive mass incarceration.


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Despite promises of “hope and change,” the Department of Justice and Bureau of Prisons have only grown more repressive under the Obama regime


Samuels’ relatively unimpressive biography suggests he is merely another government functionary seeking sustenance at the public trough. There is nothing in his background which would indicate an extraordinary or unusual level of malice. In his mind he is most likely serving at his post in an unthinking and uncaring manner that is little different from the way in which millions of other government workers perform their assigned tasks. It is entirely possible that he fails to recognize the holocaust he has been entrusted to oversee and perpetuate, instead perceiving it to be nothing more than an element of a necessary state function.

Fifty years ago renowned sociologist Hanna Arendt penned her classic work, Eichmann in Jerusalem: A Report on the Banality of Evil. Arendt’s work was revolutionary in its contention that evil in individuals mainly occurs as a result of thoughtlessness. Arendt wrote it was the tendency of ordinary people to obey orders and conform to mass opinion without a critical evaluation of the consequences of their actions, even if it results in unspeakable crimes.


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Famed sociologist Hanna Arendt identified the banal nature of evil found in the likes of Eichmann and Samuels

It was the capture of Eichmann, widely considered at the time to be evil personified, and the reactions observed at his ensuing trial that caused Arendt to formulate her theory. She recognized that the evil being attributed to Eichmann was misplaced. Arendt viewed him as a mere cog in the wheel of an inherently evil system, performing his duties as would ordinarily be expected of any dutiful bureaucrat.

Performing horrific tasks in an organized and systematic way relies upon “normalization.” This is the process whereby such abominable and heinous acts become routine and are ultimately accepted as part of the process through which things are done. The process requires a division of labor in doing and rationalizing the unthinkable. The direct brutalization of people is performed by one set of individuals while others keep unrelated mechanisms of government functioning. Giving cover to the enterprise are supposed intellectuals and other pseudo experts who work through various media outlets to rationalize for the general public what would otherwise be unimaginable.

The media has certainly aided Samuels in efforts to make his endeavors palatable. Press accounts disseminated soon after his appointment credited “an interest in public service” as being what led him to take his first job as a federal prison guard. Samuels reportedly hails from a family of public servants, with a father who worked for the U.S. Postal Service and a mother who was employed by the Social Security Administration. Various media outlets reporting on Samuels’ appointment treated his position with the federal Bureau of Prisons as simply another civic minded endeavor. One article even went so far as to try and humanize his efforts by citing Samuels’ enjoyment of “chess, video games and reading books on a variety of topics.”


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Samuels rules over the largest network of prisons ever assembled


When he’s not reading or playing chess, Samuels oversees the largest network of prisons and prisoners that the world has ever seen. It is largely a retributive network in which nearly three quarters of those imprisoned are non-violent offenders with no history of violence. Mandatory sentencing, rampant federal prosecutorial misconduct and an absurd and patently illegitimate 99% conviction rate in U.S. federal courts guaranty a steady stream of prisoners for the facilities overseen by Samuels.

Many of the victims dispatched to Samuels’ custody find themselves imprisoned as a result of gross abuse of governmental power. People are targeted for prosecution for a variety of reasons, many of which bear no rational relationship to the commission of an offense. The system in which Samuels plays a key role tends to select targets for prosecution and then, after expending limitless resources, finds a suitable “crime” with which they can be charged. It operates much in the spirit of Lavrentiy Beria, head of Joseph Stalin’s secret police in the Soviet Union, who is alleged to have said, “Show me the man, and I’ll show you the crime.”


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The tactics of Lavrentiy Beria, head of Stalin’s secret police, have been embraced by the U.S. Department of Justice


The federal Bureau of Prisons, as overseen by Samuels, is viewed by many detractors as nothing more than another example of state sponsored terrorism. The bureau exists to inflict harm upon its victims and exact retribution from perceived enemies of the regime. Even the pretense of rehabilitation has long been abandoned. Recent press reports claim that there are thousands of people, convicted of non-violent offenses, who have been sentenced to die in prison. The mission of the bureau is to rigidly exact as much time as possible from each and every prisoner. Samuels has taken the task to heart, routinely denying various motions for the compassionate release of terminally ill prisoners and instructing that good time calculations be made in a fashion that cheats every federal prisoner out of seven days of freedom for each year served. Ever the loyal soldier, he holds that every discretionary situation must be resolved in accordance with the goal of ensuring that federal prisons are kept full, well above capacity.

While Arendt’s ideas on the nature of evil were generally rejected when first proposed, the success of subsequent U.S. efforts at wholesale systematic implementation of sanitized decimation through mass incarceration suggests she was years ahead of her time. A man like Samuels, despite the realities of his job description, is widely accepted as being no more villainous than any other high ranking bureaucrat. Much like his predecessor Eichmann asserted, Samuels is widely viewed as one who is doing nothing more than following orders and unquestioningly administering the will of the regime.

Eichmann’s reliance on the Nuremberg Defense in which he sought to deflect guilt by claiming he was “only following orders” was predictably unsuccessful. Despite its past failed applications, it seems inevitable that if Samuels’ day of reckoning comes where he is called to account for the crimes that occurred on his watch, he would invoke a similar defense.

Even Eichmann’s trial speech appears to have applicability to the potential jeopardy faced by Samuels.

“I cannot recognize the verdict of guilty. . . . It was my misfortune to become entangled in these atrocities. But these misdeeds did not happen according to my wishes. It was not my wish to slay people. . . . Once again I would stress that I am guilty of having been obedient, having subordinated myself to my official duties and the obligations of service and my oath of allegiance and my oath of office . . . At that time obedience was demanded, just as in the future it will also be demanded of the subordinate.”

History has demonstrated that this is a losing argument. Samuels, and others whose warped sense of duty impairs their ability to discern right from wrong, run the risk of being called to account. The tipping point is growing near as there are almost daily calls to reform the federal sentencing scheme. The bureau headed by Samuels will predictably defy such calls as bureaucracies tend to resist efforts to diminish their size and scope. Samuels’ unfettered fealty to the regime prevents him from seeing that the administration he heads is one which feeds on bodies. It can only grow by creating correspondingly greater death and misery. America, which leads all nations in number and percentage of people under lock and key, has its Eichmann.

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Barry Scott Sussman- Born and raised in New Jersey. Graduated from Rutgers University with a BA in Sociology. Graduated with a JD from the Benjamin Cardozo School of Law specializing in Federal Criminal Procedure and Federal Prosecutorial (more…)

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We can stop private prisons September 4, 2013

Posted by rogerhollander in Civil Liberties, Criminal Justice, Race, Racism, Torture.
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The private prison industry is making a killing off the broken criminal justice system.

Private prison companies make billions from torture and confinement.

http://act.colorofchange.org/go/2912?t=1&akid=3119.1018544.hekf_F

We can stop this by holding prison companies’ investors, board members, and public officials accountable.

http://act.colorofchange.org/go/2912?t=2&akid=3119.1018544.hekf_F

Dear Roger,

The United States incarcerates more people than any other country in the world, and the private prison industry is making a killing off this broken system. For-profit prison companies get paid for each person that fills their cells — raking in $5 billion in annual revenue.1 Empty beds mean lost profits, so to keep the money flowing the industry spends millions lobbying the government to expand the destructive policies that keep more people behind bars for longer, harsher sentences.2

Tragically, one-third of all Black men will spend part of their lives in prison.3 Meanwhile, for-profit prisons promote and exploit mass incarceration and racial-bias in the criminal justice system — further accelerating our nation’s prison addiction. We can stop this. The prison industry depends on corporate backers for the capital it needs to keep growing,4 and allies in government for contracts that fill their prisons. If we convince enough investors and board members to leave the industry, we can discredit incarceration as a business, bring attention to the harm it creates, and deter public officials from granting contracts to prison companies.

Please join us in urging investors and board members of for-profit prison companies to get out of this exploitative business. We’ll inform them of what they’re involved in, and if they refuse to do what’s right, we’ll hold them publicly accountable.

Federal agencies and state governments contract with three main companies to lock people up: Corrections Corporation of America (CCA), GEO Group, Inc., and the Management and Training Corporation (MTC). The top two prison companies, CCA and GEO, are publicly traded and financed by investors, major banks and corporations, who hold shares in the industry. CCA and GEO Group make money by charging a daily rate per body that is sent to them — costing tax payers billions for dangerous, ineffective facilities.5 The industry also makes money by avoiding tax payments. CCA will dodge $70 million dollars in tax payments this year by becoming a real estate investment trust (REIT) and designating their prisons as “residential”.6

In order to maximize profits, prison companies cut back on staff training, medical care, and rehabilitative services — causing assault rates to double in some private prisons.7 A 2010 ACLU lawsuit against CCA-run Idaho Correctional Center cited a management culture so violent the facility is known as the “gladiator school”.8 The industry also maximizes profits by lobbying for and benefiting from laws that put more people in jail. In the 1990′s CCA chaired the Criminal Justice Task force of shadowy corporate bill-mill, the American Legislative Exchange Council (ALEC), which passed “3 strikes” and “truth in sentencing” laws that continue to send thousands of people to prison on very harsh sentences.9 Black folks are disproportionately subjected to these uniquely harsh conditions due to our extreme overrepresentation in the private prison system.10

In many parts of the country, the political tide is shifting against the for-profit prison industry. Earlier this summer, Kentucky, Texas, Idaho, and Mississippi broke ties with CCA after reports of chronic understaffing, inmate death, and rising costs to the states became undeniable.11 In April, New Hampshire rejected all private prison bids because the prison corporations could not show that they would follow legal requirements for safely housing prisoners.12 And, there is growing opposition to California Governor Jerry Brown’s misguided plan to comply with a Supreme Court order to alleviate the State’s prison overcrowding crisis by moving thousands of prisoners into private facilities, at a public cost of $1 billion over 3 years.13

The private prison industry should not control who is locked up, for how long, and at what price. For-profit prison companies have investors that cut across many industries. Some of these investors — wealthy individuals, major banks and financial companies — know exactly what they’re doing. But with enough pressure, they might reconsider whether it’s worth being known as profiting from exploitation and racism in the criminal justice system.

Profiting off the brutality and discrimination of incarceration is shameful. Please join us in calling on the investors and board members of for-profit prison companies to get out of this corrupt business.

Thanks and Peace,

–Rashad, Matt, Arisha, Aimée, William, Lyla and the rest of the ColorOfChange.org team
September 4th, 2013

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References

1. “A Boom Behind Bars,” Bloomberg Businessweek, 03-17-2011
http://act.colorofchange.org/go/2913?t=9&akid=3119.1018544.hekf_F

2. “Gaming the System,” (.pdf) Justice Policy Institute, 06-01-2011
http://act.colorofchange.org/go/2914?t=11&akid=3119.1018544.hekf_F”

3. “1 in 3 Black Men Go To Prison? The 10 Most Disturbing Facts About Racial Inequality in the U.S. Criminal Justice System,” AlterNet, 03-17-2012
http://act.colorofchange.org/go/2915?t=13&akid=3119.1018544.hekf_F

4. “Private Prison Profits Skyrocket as Executives Assure Investors of Growing Offender Population,” ThinkProgress, 05-09-2013
http://act.colorofchange.org/go/2916?t=15&akid=3119.1018544.hekf_F

5. “Banking on Bondage: Private Prisons and Mass Incarceration,” (.pdf) ACLU, 11-01-2011
http://act.colorofchange.org/go/2926?t=17&akid=3119.1018544.hekf_F

6. “The Legacy of Chattel Slavery: Private Prisons Blur the Line Between Real People and Real Estate With New IRS Property Gambit,” Truthout, 02-04-2013
http://act.colorofchange.org/go/2917?t=19&akid=3119.1018544.hekf_F

7.”The Dirty Thirty: Nothing to Celebrate About 30 Years of Corrections Corporation of America,” (.pdf) Grassroots Leadership, 06-01-2013
http://act.colorofchange.org/go/2918?t=21&akid=3119.1018544.hekf_F

8. “ACLU Lawsuit Charges Idaho Prison Officials Promote Rampant Violence,” ACLU, 03-11-2010
http://act.colorofchange.org/go/2919?t=23&akid=3119.1018544.hekf_F

9. “Too Good to be True: Private Prisons in America,” (.pdf) 01-01-2012
http://act.colorofchange.org/go/2921?t=25&akid=3119.1018544.hekf_F

10. “The Color of Corporate Corrections: Overrepresentation of People of Color in the Private Prison Industry,” Prison Legal News, 08-30-2013
http://act.colorofchange.org/go/2920?t=27&akid=3119.1018544.hekf_F

11. “Three States Dump Major Private Prison Company in One Month” ThinkProgress, 06-21-2013
http://act.colorofchange.org/go/2924?t=29&akid=3119.1018544.hekf_F

12.”New Hampshire Rejects All Private Prison Bids,” ThinkProgress, 04-05-2013
http://act.colorofchange.org/go/2927?t=31&akid=3119.1018544.hekf_F

13. “Gov. Brown’s misguided private prison plan” SF Gate, 08-28-2013
http://act.colorofchange.org/go/2925?t=33&akid=3119.1018544.hekf_F

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The Business of Mass Incarceration July 29, 2013

Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Race, Racism.
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Roger’s note: I post this article so as not to forget the millions. mostly Blacks, Latinos and Native Americans,  who suffer the degradation of our Amerikan prison system so that blood sucking capitalists can profit.  If you will excuse my bluntness.
Prison-Blacks

Debbie Bourne, 45, was at her apartment in the Liberty Village housing projects in Plainfield, N.J., on the afternoon of April 30 when police banged on the door and pushed their way inside. The officers ordered her, her daughter, 14, and her son, 22, who suffers from autism, to sit down and not move and then began ransacking the home. Bourne’s husband, from whom she was estranged and who was in the process of moving out, was the target of the police, who suspected him of dealing cocaine. As it turned out, the raid would cast a deep shadow over the lives of three innocents—Bourne and her children.

 

(Photo: Derek Key/ Flickr)

* * *

The murder of a teenage boy by an armed vigilante, George Zimmerman, is only one crime set within a legal and penal system that has criminalized poverty. Poor people, especially those of color, are worth nothing to corporations and private contractors if they are on the street. In jails and prisons, however, they each can generate corporate revenues of $30,000 to $40,000 a year. This use of the bodies of the poor to make money for corporations fuels the system of neoslavery that defines our prison system.

Prisoners often work inside jails and prisons for nothing or at most earn a dollar an hour. The court system has been gutted to deny the poor adequate legal representation. Draconian drug laws send nonviolent offenders to jail for staggering periods of time. Our prisons routinely use solitary confinement, forms of humiliation and physical abuse to keep prisoners broken and compliant, methods that international human rights organizations have long defined as torture. Individuals and corporations that profit from prisons in the United States perpetuate a form of neoslavery. The ongoing hunger strike by inmates in the California prison system is a slave revolt, one that we must encourage and support. The fate of the poor under our corporate state will, if we remain indifferent and passive, become our own fate. This is why on Wednesday I will join prison rights activists, including Cornel West and Michael Moore, in a one-day fast in solidarity with the hunger strike in the California prison system.

In poor communities where there are few jobs, little or no vocational training, a dearth of educational opportunities and a lack of support structures there are, by design, high rates of recidivism—the engine of the prison-industrial complex. There are tens of millions of poor people for whom this country is nothing more than a vast, extended penal colony. Gun possession is largely criminalized for poor people of color while vigilante thugs, nearly always white, swagger through communities with loaded weapons. There will never be serious gun control in the United States. Most white people know what their race has done to black people for centuries. They know that those trapped today in urban ghettos, what Malcolm X called our internal colonies, endure neglect, poverty, violence and deprivation. Most whites are terrified that African-Americans will one day attempt to defend themselves or seek vengeance. Scratch the surface of survivalist groups and you uncover frightened white supremacists.

The failure on the part of the white liberal class to decry the exploding mass incarceration of the poor, and especially of African-Americans, means that as our empire deteriorates more and more whites will end up in prison alongside those we have condemned because of our indifference. And the mounting abuse of the poor is fueling an inchoate rage that will eventually lead to civil unrest.

“Again I say that each and every Negro, during the last 300 years, possesses from that heritage a greater burden of hate for America than they themselves know,” Richard Wright wrote. “Perhaps it is well that Negroes try to be as unintellectual as possible, for if they ever started really thinking about what happened to them they’d go wild. And perhaps that is the secret of whites who want to believe that Negroes have no memory; for if they thought that Negroes remembered they would start out to shoot them all in sheer self-defense.”

The United States has spent $300 billion since 1980 to expand its prison system. We imprison 2.2 million people, 25 percent of the world’s prison population. For every 100,000 adults in this country there are 742 behind bars. Five million are on parole. Only 30 to 40 percent are white.

The intrusion of corporations and private contractors into the prison system is a legacy of the Clinton administration. President Bill Clinton’s omnibus crime bill provided $30 billion to expand the prison system, including $10 billion to build prisons. The bill expanded from two to 58 the number of federal crimes for which the death penalty can be administered. It eliminated a ban on the execution of the mentally impaired. The bill gave us the “three-strikes” laws that mandate life sentences for anyone convicted of three “violent” felonies. It set up the tracking of sex offenders. It allowed the courts to try children as young as 13 as adults. It created special courts to deport noncitizens alleged to be “engaged in terrorist activity” and authorized the use of secret evidence. The prison population under Clinton swelled from 1.4 million to 2 million.

Incarceration has become a very lucrative business for an array of private contractors, most of whom send lobbyists to Washington to make sure the laws and legislation continue to funnel a steady supply of poor people into the prison complex. These private contractors, taking public money, build the prisons, provide food service, hire guards and run and administer detention facilities. It is imperative to their profits that there be a steady supply of new bodies.

* * *

Bourne has worked for 13 years as a locker room assistant in the Plainfield school system. She works five hours a day. She does not have medical benefits. She struggles to take care of a daughter in fragile health and a disabled son.

Bourne and her children sat terrified that April afternoon in their apartment. After about 10 minutes four more police officers arrived with her husband. His clothes were torn and disheveled. His face was swollen and bruised. He was handcuffed. “He looked like he been beat up,” she said.

“They were telling him, tell us where you have the stuff at, the drugs at,” Bourne said when we met at a prison support group I help run at the Second Presbyterian Church in Elizabeth, N.J. “Tell us where you have the stuff at ’cause if you don’t we are going to handcuff her and the kids. And you be a man, you know, you know be a man and tell so we … don’t have to handcuff her and the kids. And he told them they [she and the children] have nothing to do with this, and there’s nothing in the house.”

The police took her husband to the kitchen. “They were hittin’ him in the kitchen,” she said, “punchin’ him, like in the stomach. Like by his ribs. He was saying they don’t have nothin’ to do with it, you know, they don’t.”

She could hear the officers repeating: “Where are the drugs?” They beat him for about 10 minutes, she said. The police then went into the living room and handcuffed Bourne and her son and daughter. They took her husband out of the apartment. Three officers remained until a K-9 dog unit arrived. The police removed the handcuffs and took Bourne and her children into the kitchen. A dog was guided around the living room and then coaxed up the stairs to the bedrooms, where it stayed for five minutes before being brought back down. The police remained in the bedrooms about 30 minutes.

Bourne heard banging sounds. She heard one of the officers say: “We found drugs in a black boot.” Her husband’s boots had been in a plastic bag with his clothes in preparation for his moving out of the apartment.

Although not under arrest, Bourne was taken to the police station, where she filled out forms and was fingerprinted. No charge was filed against her at the time. Two hours later the police drove her home. It would be weeks before Bourne learned—in an indirect way—that she, too, would face the possibility of jail time because of the raid.

When Bourne returned home that spring night, “It looked like a tornado had went through my bedroom. Everything was piled on top of each other. The TV was broken. It had been pushed over on the floor. I had my cellular phone charging in the socket—the charger was ripped out the socket. There were nails holes [made by the police] in the wall. You could see little dots, probably about six, seven, 10. The computer was pushed over on the ground. The cable was pull out the TV. The blinds was removed. The shades were removed from the windows. The containers that I have clothes in was all thrown on the bed. The dresser drawers were sitting high on top the bed.”

“I felt violated,” she said. “Very violated. I felt that if [they] wanted him so bad, why destroy my stuff?”

In cleaning up she found that her wedding and engagement rings, kept on the top of her dresser in a small box from Macy’s, had disappeared. She soon found that other items were missing.

“They took video games that I bought for my kids that was packaged inside a closet in a shoe box,” Bourne said. “They took a remote control that go with one of the game systems. I had collectible like coins that I bought way back. That was gone.”

She had seen police leaving the apartment with a yellow plastic container that had a new Acer computer she had bought for her cousin. “I had told them, ‘Where are you going with that computer?’ ” she said. The police immediately returned it.

Her husband is in Union County Jail in Elizabeth. He is charged with possession of drugs in public housing and possession of drugs in a school zone. When Bourne spoke to him by phone he told her the police had taken $900 he had in his pocket and that he had $2,000 in the apartment closet. When she checked the closet the money was not there. The police report in Bourne’s possession claims the officers confiscated $134 from the apartment and $734 from her husband. There was no mention of the other missing items, including her rings.

When Bourne was in court for her husband’s arraignment in early July she was stunned to hear the prosecutor tell the court that cocaine was also found by the police in a pocket of her jeans.

She told me she was not wearing jeans at the time. She said she does not take or sell drugs. And she pointed out that the police report, which she showed to me, never mentioned finding drugs on her person. After being charged she met with a public defender who told her that she should urge her husband to confess that the cocaine was his. If he does not, Bourne could face six years in jail.

The state-appointed attorney, with whom Bourne spent less than 15 minutes, told her to stay out of trouble. She has never been arrested at any time in her life. She said the encounter with the lawyer left her feeling “degraded.”

“I have two kids,” she said. “I’m 45. Why would I be trying to go to jail? That’s not me, that’s not how I was brought up. My daughter is sick. My son has a disability. I’m the only one that take care of both of them.”

If she goes to jail it will be catastrophic for her children. But this is not a new story. It happens to families every day in our gulag state. Bourne is one human being among hundreds of thousands routinely sacrificed for corporate greed. Her tragedy is of no concern to private contractors or supine judges and elected officials. They do not work for her. They do not work for us. They are corporate employees. And they know something Bourne is just discovering: Incarceration in America is a business.

George Zimmerman, Not Guilty: Blood on the Leaves July 14, 2013

Posted by rogerhollander in Criminal Justice, Florida, Race, Racism.
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Roger’s note: add WWB (walking while Black) to DWB (driving while Black) to the list of booby trapped “crimes” that Black Americans face every day.  After being stalked and harassed, young Trayvon Martin is found guilty (posthumously) by a 5/6 White jury  of assaulting Zimmerman to the point where he (young Trayvon, walking home from buying some snacks) “justifiably” had his young life snuffed out  .  Trayvon was not unarmed, according to the Zimmerman defense, the sidewalk was his weapon.  It would be laughable if it were not truly disgusting.  The shameless defense lawyers went to the ridiculous extreme of showing the jury a slab of concrete sidewalk.  Virtually every African American lives in an Alice in Wonderland world of execution first, trial later.  SHAME.

 

 

The not-guilty verdict in the George Zimmerman trial came down moments after I left a screening of “Fruitvale Station,” a film about the police-shooting death of Oscar Grant four years ago in Oakland. Much of the audience sat quietly sobbing as the closing credits rolled, moved by the narrative of a young black man, unarmed and senselessly gone. Words were not needed to express a common understanding: to Zimmerman, Trayvon Martin, the seventeen-year-old he shot, fit the description; for black America, the circumstances of his death did.

George Zimmerman is congratulated by his lawyers after being found not guilty in the death of Trayvon Martin (Photo: Joe Burbank-Pool/Getty)

The familiarity dulled the sharp edges of the tragedy. The decision the six jurors reached on Saturday evening will inspire anger, frustration, and despair, but little surprise, and this is the most deeply saddening aspect of the entire affair. From the outset— throughout the forty-four days it took for there to be an arrest, and then in the sixteen months it took to for the case to come to trial—there was a nagging suspicion that it would culminate in disappointment. Call this historical profiling.

The most damning element here is not that George Zimmerman was found not guilty: it’s the bitter knowledge that Trayvon Martin was found guilty. During his cross examination of Martin’s mother, Sybrina Fulton, the defense attorney Mark O’Mara asked if she was avoiding the idea that her son had done something to cause his own death. During closing arguments, the defense informed the jury that Martin was armed because he weaponized a sidewalk and used it to bludgeon Zimmerman. During his post-verdict press conference, O’Mara said that, were his client black, he would never have been charged. At the defense’s table, and in the precincts far beyond it where donors have stepped forward to contribute funds to underwrite their efforts, there is a sense that Zimmerman was the victim.

“The most damning element here is not that George Zimmerman was found not guilty: it’s the bitter knowledge that Trayvon Martin was found guilty.”

O’Mara’s statement echoed a criticism that began circulating long before Martin and Zimmerman encountered each other. Thousands of black boys die at the hands of other African Americans each year, but the black community, it holds, is concerned only when those deaths are caused by whites. It’s an appealing argument, and widespread, but it’s simplistic and obtuse. It’s a belief most easily held when you’ve not witnessed peace rallies and makeshift memorials, when you’ve turned a blind eye to grassroots organizations like the Interrupters in Chicago, who are working valiantly to stem the tide of violence in that city. It is the thinking of people who’ve never wondered why African Americans disproportionately support strict gun-control legislation. The added quotient of outrage in cases like this one stems not from the belief that a white murderer is somehow worse than a black one but from the knowledge that race determines whether fear, history, and public sentiment offer that killer a usable alibi.

The thousands who gathered last spring in New York, in St. Louis, in Philadelphia, in Miami, and in Washington, D.C., to demand Zimmerman’s arrest shared a narrative and an understanding of the past’s grip on the present. Long before the horrifying images of Martin lying prone and lifeless in the grass ever made their way to Gawker, he’d already begun inspiring references to the line about “blood on the leaves” from Billie Holiday’s “Strange Fruit.” Those crowds were the response of people who understand that history is interred in the shallowest of graves.

Yet the problem is not that this case marks a low point in this country’s racial history—it’s that, after two centuries of common history, we’re still obligated to chart high points and low ones. To be black at times like this is to see current events on a real-time ticker, a Dow Jones average measuring the quality of one’s citizenship. Trayvon Martin’s death is an American tragedy, but it will mainly be understood as an African-American one. That it occurred in a country that elected and reëlected a black President doesn’t diminish the despair this verdict inspires, it intensifies it. The fact that such a thing can happen at a moment of unparalleled political empowerment tells us that events like these are a hard, unchanging element of our landscape.

We can understand the verdict to mean validation for the idea that the actions Zimmerman took that night were those of a reasonable man, that the conclusions he drew were sound, and that a black teen-ager can be considered armed any time he is walking down a paved street. We can take from this trial the knowledge that a grieving family was capable of displaying inestimable reserves of grace. Following the verdict, Sybrina Fulton posted a benediction to Twitter: “Lord during my darkest hour I lean on you. You are all that I have. At the end of the day, GOD is still in control.” The Twitter account of Tracy Martin, Trayvon’s father, features an image of him holding Trayvon as a toddler, a birthday hat perched on the boy’s head. At the trial, they sat through a grim procession of autopsy photos and audio of the gunshot that ended their son’s life. No matter the verdict, their simple pursuit of justice meant amplifying the trauma of their loss by some unknowable exponent.

There’s fear that the verdict will embolden vigilantes, but that need not be the concern: history has already done that. You don’t have to recall specifics of everything that has transpired in Florida over the past two hundred years to recognize this. The details of Rosewood, the black town terrorized and burned to the ground in 1923, and of Groveland and the black men falsely accused of rape and murdered there in 1949, can remain obscure and retain sway over our present concerns. Names—like Claude Neal, lynched in 1934, and Harry and Harriette Moore, N.A.A.C.P. organizers in Mims County, killed by a firebomb in 1951—can be overlooked. What cannot be forgotten, however, is that there were no consequences for those actions.

Perhaps history does not repeat itself exactly, but it is certainly prone to extended paraphrases. Long before the jury announced its decision, many people had seen what the outcome would be, had known that it would be a strange echo of the words Zimmerman uttered that rainy night in central Florida: they always get away.

Jelani Cobb

Jelani Cobb Ph.D. is an American author and educator, Associate Professor of History and Director of the Institute for African American Studies at University of Connecticut in Storrs, Connecticut.

Tens of Thousands of California Prisoners Launch Mass Hunger Strike July 11, 2013

Posted by rogerhollander in California, Criminal Justice, Human Rights, Torture.
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The strikers are calling for an end to long-term solitary confinement and better prison conditions.

Pelican Bay State Prison. (Photo: Wikimedia Commons)

On Monday, July 8, prisoners at the Security Housing Unit (SHU) in California’s Pelican Bay State Prison began a mass hunger strike to protest long-term solitary confinement. It is not the first time such an action has taken place. In 2011, prisoners staged two separate hunger strikes to protest their continued placement in long-term solitary confinement.

Hunger strikers issued five core demands:

1. Eliminate group punishments for individual rules violations.

2. Abolish the debriefing policy and modify active/inactive gang status criteria.

3. Comply with the recommendations of the US Commission on Safety and Abuse in Prisons (2006) regarding an end to long-term solitary confinement.

4. Provide adequate food.

5. Expand and provide constructive programs and privileges for indefinite SHU inmates.

During the first hunger strike, in July 2011, at least 1,035 of the SHU’s 1,111 inmates refused food. The strike spread to thirteen other state prisons and involved at least 6,600 people incarcerated throughout California. The second strike, in September 2011, spread to twelve prisons within California as well as to prisons in Arizona, Mississippi and Oklahoma that housed California prisoners. By the third day, nearly 12,000 people were participating. The strike ended after the California Department of Corrections and Rehabilitation (CDCR) promised a comprehensive review of all SHU prisoners validated as gang members or associates.

Now prisoners are striking again. They charge that in the intervening two years the CDCR has not addressed any of these demands, and they have called for a mass hunger strike combined with a nonviolent work stoppage. “Once initiated, this protest will continue indefinitely—until all Five (5) Core Demands are fully met,” they declared. By the second day of the strike, almost 30,000 California prisoners were taking part.

The 2011 hunger strikes mobilized family members as well. For many, this is their first foray into political organizing, even though their loved ones have spent years locked in windowless cells nearly twenty-four hours a day.

Dolores Canales’s son Johnny has spent thirteen years in the SHU. Canales herself has had firsthand experience with solitary confinement. During her own imprisonment, she spent nine months in the Administrative Segregation Unit (ASU) at the California Institute for Women, where she was confined to her cell twenty-two hours a day. “There, I had a window. The guards would take me out to the yard everyday. I’d get to go out to the yard with other people,” she recalled. But being in solitary confinement still took its toll: “There’s an anxiety that overcomes you in the middle of the night because you’re so locked in,” she described. Even after being moved from segregation, Canales was unable to shake that anxiety. She broke into a sweat and panicked each time she saw a group of officers even though she had broken no rules. “I just can’t forget.”

In contrast to his mother’s experience, Johnny spends nearly twenty-four hours a day in a windowless cell. Food is delivered twice a day through a slot in the cell door. The “yard” he is taken to for solitary exercise consists of a cement yard the length of three cells with a roof only partially open to the sky. Johnny never sees the sun.

Over 1,000 people are held in the SHU, and more than half have spent over a decade there. Prison administrators place people in the SHU either for a fixed term for violating a prison rule or for an indeterminate term because they have been accused of membership in a prison gang. Accusations often rely on confidential informants and circumstantial evidence, such as tattoos or possessing certain books. Prison administrators also place prisoners in the SHU on accusations of gang association, again relying on circumstantial evidence such as being seen speaking with an alleged gang member on the housing unit, associating with prisoners of similar background or racial group or possessing literatures associated with political ideologies (such as the Black Panther Party).

Until recently, alleged gang members are released from the SHU only if they “debrief” or provide information incriminating other prisoners. Debriefing can be dangerous to both the prisoner who debriefs and his family on the outside. In addition, prisoners can be falsely identified as gang members by others who debrief in order to escape the SHU. One does not necessarily need to be a gang member or associate to be sent to the SHU: jailhouse lawyers and others who challenge inhumane prison conditions are disproportionately sent to the SHU. Johnny was one of those jailhouse lawyers. “He’s assisted with legal work for alleged associates charged with being in gangs,” his mother stated.

In May 2011, Johnny began sending his mother letters that he asked her to forward to the governor. The letters declared that Johnny and others were going on hunger strike on July 1, 2011, to protest SHU conditions and their indefinite terms within the SHU.

The day the strike began, Canales attended a rally in Los Angeles. “I had no intention of getting involved in organizing,” she recalled. “I just wanted to find out what was going on. I was asked to speak, and I read a letter from Johnny.”

That was Canales’s entry into organizing. “We [family members] started meeting every other day. More and more family members were coming out, sharing stories of their loved ones in different prisons and jails who were on hunger strike.”

In Oakland, Marie Levin was also galvanized into action by the hunger strike. In 2011, Levin had not seen her brother, Sitawa Nantambu Jamaa, for over fifteen years. Shortly before the strike, Carol Strickman, an attorney with Legal Services for Prisoners with Children, visited her, bringing an audiotape in which Jamaa talked about his decision to go on hunger strike. Moved, Levin then attended a solidarity rally in San Francisco. “I was activated after going to that rally,” she recalled. Like Canales, this was her entry into political organizing. She joined Prisoner Hunger Strike Solidarity (PHSS), a coalition of lawyers, advocates and family members. “It was overwhelming at first,” she remembered. “I found out so much information I didn’t know about. Not just about SHU conditions, they were talking about the Black Panthers and history that I didn’t know.” But Levin continued to attend.

Family members, advocates and supporters have held rallies and vigils in various cities to draw public attention. On July 18, 200 family members, lawyers and supporters from across California converged upon CDCR headquarters in Sacramento to deliver a petition with over 7,500 signatures in support of the hunger strikers. They then marched to Governor Brown’s office to demand answers.

The hunger strike lasted three weeks, ending after CDCR officials promised changes. Hunger strikers suspended the strike to allow CDCR a grace period to fulfill their promises. In the meantime, family members continued to speak out about SHU conditions. “We were going to churches, universities, anywhere,” Canales recollected. “I can be on line at the bank and I’ll talk to people. I’ll pull out a picture of the SHU cell and the closed-in yard.” When the California Assembly’s Public Safety Commission held a hearing on SHU conditions in August 2011, Levin and other family members attended and testified about the need for substantial changes to SHU policies and practices. Levin also helped build a mock SHU cell, which they brought to rallies, vigils and speaking events.

When prisoners renewed their hunger strike in September 2011, Canales and other family members started California Families to Abolish Solitary Confinement. “A lot of family members work full-time jobs, so the organizing is all in our spare time even though we have families, jobs, etc.” They continued to speak out about SHU conditions. In the Bay Area, Levin and other PHSS members have brought the mock SHU to the city’s parks, universities and vigils.

The second hunger strike ended on October 13, 2011, after the CDCR agreed to a comprehensive review of all SHU prisoners validated as gang members or associates. Family members continued to keep public attention on Pelican Bay. They held rallies in front of the Los Angeles County Jail. They have continued weekly candlelight vigils in cities throughout California. When Senator Dick Durbin held hearings on solitary confinement in June 2012, they traveled to Washington, DC, in a show of support.

They also began coordinating to enable loved ones to visit Pelican Bay. Canales applied five times for permission to visit her son, who was in the SHU at Corcoran State Prison. Each time, her application was denied because of her conviction record. When she was finally approved, Johnny had been transferred to Pelican Bay, thirteen miles from the California-Oregon border, making the trip more time-consuming and expensive for Canales, who, like many family members, lives in Southern California. Organizing with other family members, she learned that this distance prohibited others from seeing their loved ones. “I try to bring other family members up when I’m driving.”

Although Marie Levin lives in the Bay Area, 370 miles closer to Pelican Bay, the cost and distance have also prevented her from visiting her brother for years. Levin credits the hunger strike with bringing together various families who pool resources. “The support that I’ve gotten from the women who go up there has been a blessing. I can carpool with them, we share the [hotel] rooms together, and we share all the costs. We room as if we were family.” She adds, “In the past, we did not have that.”

California Families to Abolish Solitary Confinement also organized larger group visits. On November 19, 2012, the group brought three vans of family members to the prison. Less than one month later, on December 7, 2012, they chartered a bus, half of which were children. The group has since organized several caravans that enable family members to visit their incarcerated loved ones, some for the first time in years.

Family members near the prison in Crescent City have also opened their homes to those traveling from further away. Canales credits this hospitality to the Pelican Bay prisoners’ call to end racial hostilities. “If we really want to bring about substantive meaningful changes to the CDCR system…now is the time for us to collectively seize this moment in time and put an end to more than twenty to thirty years of hostilities between our racial groups,” SHU prisoners announced in August 2012. “Beginning on October 10, 2012, all hostilities between our racial groups…in SHU, Ad-Seg, General Population, and CountyJails, will officially cease.”

“It’s real,” stated Canales. “I’ve stayed in the homes of family members of every alleged organization when I’ve gone to visit. I wouldn’t be able to do that if the cease-fire wasn’t real.”

In Fall 2012, the CDCR unveiled its stepdown program. Under the program, even those who have spent years in the SHU may still be required to spend two to three additional years in solitary confinement. The debriefing program remains in place. Groups of three or more can be labeled as Security Threat Groups, warranting SHU placement. Prisoners, family members and concerned advocates have criticized the program, stating that the program does not address the five core demands and instead expands the criteria for people eligible for SHU placement.

On February 14, 2013, prisoners at Pelican Bay’s SHU announced a renewed hunger strike, combined with a work strike, to begin July 8. This time, they promise to go “all the way” if the CDCR does not meet their five core demands. They demand that the CDCR sign a consent decree spelling out the specific terms of the policies they will enact. In addition, they have issued an additional forty demands, which include prohibiting official sanctions for hunger strike participation as well as improving conditions in the SHU and in general population. On June 20, 2013, prisoners reaffirmed their decision to hunger strike after a court-ordered mediation session with CDCR officials.

In Oakland, Marie Levin and her husband Randy have organized monthly vigils. They bring the mock SHU and invite people to step inside. “A large part of it is ‘out of sight, out of mind.’ People don’t think about the conditions under which people [in prison] have to live. It’s up to me and others to educate them so they know what’s going on.” Levin notes that the public reaction when confronted with the mock SHU cell has generally been outrage and horror. “The majority of people realize this is wrong.”

In April, Levin also began fasting three days each week. “The purpose was to pray for change from the governor, CDCR officials, the Public Safety Commission, the Assembly, even the officials at Pelican Bay.” She ended her fast in June, but plans to fast again this July 4 and may participate in a rolling fast—in which outside supporters fast for one day in solidarity with the hunger strikers. Family members are also planning a caravan and solidarity rally to Corcoran State Prison, which has its own SHU, for Saturday, July 13.

Both Canales and Levin hope that meaningful change will occur before the hunger strike begins. “As a mother, I don’t want them to put their bodies through this,” Canales said. “But these men have come to a point where there’s no turning back.”

Snowden Made the Right Call When He Fled the US July 8, 2013

Posted by rogerhollander in Civil Liberties, Criminal Justice, History, Whistle-blowing, Wikileaks.
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Many people compare Edward Snowden to me unfavorably for leaving the country and seeking asylum, rather than facing trial as I did. I don’t agree. The country I stayed in was a different America, a long time ago.

(Photo: The Guardian)

 

After the New York Times had been enjoined from publishing the Pentagon Papers — on June 15, 1971, the first prior restraint on a newspaper in U.S. history — and I had given another copy to The Post (which would also be enjoined), I went underground with my wife, Patricia, for 13 days. My purpose (quite like Snowden’s in flying to Hong Kong) was to elude surveillance while I was arranging — with the crucial help of a number of others, still unknown to the FBI — to distribute the Pentagon Papers sequentially to 17 other newspapers, in the face of two more injunctions. The last three days of that period was in defiance of an arrest order: I was, like Snowden now, a “fugitive from justice.”

Yet when I surrendered to arrest in Boston, having given out my last copies of the papers the night before, I was released on personal recognizance bond the same day. Later, when my charges were increased from the original three counts to 12, carrying a possible 115-year sentence, my bond was increased to $50,000. But for the whole two years I was under indictment, I was free to speak to the media and at rallies and public lectures. I was, after all, part of a movement against an ongoing war. Helping to end that war was my preeminent concern. I couldn’t have done that abroad, and leaving the country never entered my mind.

There is no chance that experience could be reproduced today, let alone that a trial could be terminated by the revelation of White House actions against a defendant that were clearly criminal in Richard Nixon’s era — and figured in his resignation in the face of impeachment — but are today all regarded as legal (including an attempt to “incapacitate me totally”).

I hope Snowden’s revelations will spark a movement to rescue our democracy, but he could not be part of that movement had he stayed here. There is zero chance that he would be allowed out on bail if he returned now and close to no chance that, had he not left the country, he would have been granted bail. Instead, he would be in a prison cell like Bradley Manning, incommunicado.

He would almost certainly be confined in total isolation, even longer than the more than eight months Manning suffered during his three years of imprisonment before his trial began recently. The United Nations Special Rapporteur for Torture described Manning’s conditions as “cruel, inhuman and degrading.” (That realistic prospect, by itself, is grounds for most countries granting Snowden asylum, if they could withstand bullying and bribery from the United States.)

Snowden believes that he has done nothing wrong. I agree wholeheartedly. More than 40 years after my unauthorized disclosure of the Pentagon Papers, such leaks remain the lifeblood of a free press and our republic. One lesson of the Pentagon Papers and Snowden’s leaks is simple: secrecy corrupts, just as power corrupts.

Daniel Ellsberg

Daniel Ellsberg was put on trial in 1973 for leaking the Pentagon Papers, but the case was dismissed after four months because of government misconduct. He is the author of “Secrets: A Memoir of Vietnam and the Pentagon Papers.

URGENT ALERT – LYNNE STEWART DENIED COMPASSIONATE RELEASE BY FEDERAL BUREAU OF PRISONS DIRECTOR July 6, 2013

Posted by rogerhollander in Criminal Justice, War on Terror.
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Lynne-Stewart-June-2013-090-1024x710

June 25th, 2013

 

Lynne Stewart’ husband Ralph Poynter was informed by Lynne this morning that she received a three-paragraph letter from Kathleen Kenney, General Counsel for the Federal Bureau of Prisons in Washington, D.C.:

Compassionate Release has been denied on the grounds that Lynne’s “health is improving.”

This claim is at once cynical and false. Lynne Stewart’s cancer continues to spread in her lungs. She remains in isolation as her white blood cell count remains so low that she is at risk for generalized infection. She weakens daily.

A message from Lynne will be released imminently.

We call upon all committed to the effort to secure Lynne Stewart’s release and to save her life to stand by for further notice of the response from Lynne, her husband Ralph Poynter, and her family and her lawyers – announcing the next actions that we, her supporters, will launch in response to this appalling betrayal of compassion and justice.

The Sentencing of Lynne Stewart by Michael Steven Smith

“At all times throughout history the ideology of the ruling class is the ruling ideology.”—Karl Marx

Lynne Stewart is a friend. She used to practice law in New York City. I still do. I was in the courtroom with my wife Debby the afternoon of July 19th for her re-sentencing. Judge John Koeltl buried her alive.

We should have seen it coming when he told her to take all the time she needed at the start when she spoke before the sentence was read. It didn’t matter what she said. He had already written his decision, which he read out loud to a courtroom packed with supporters. It was well crafted. Bulletproof on appeal. He is smart and cautious.

After about an hour into his pronouncement, he came to the buried alive part. He prefaced it by citing the unprecedented 400 letters of support people had sent him, all of which he said he read. He noted Lynne’s three decades of service to the poor and the outcast. He stressed that she is a seventy-year-old breast cancer survivor with high blood pressure and other serious health problems. And then he laid it on her: 120 months.

Everyone in the courthouse divided 120 by 12. He had given her a death sentence, we all thought. She’ll never get out. He almost quadrupled the 28 month sentence he had originally pronounced. She had told him that 28 months was a horizon, that she had hope. But no more.

Lynne’s granddaughter gasped. Then started sobbing. She kept crying even as Judge John Koeltl kept reading. And reading. And reading. It was awful. The sentence was pitiless and cruel. How to understand it?

Lynne’s lawyer Jill Shellow Levine rose after the judge finished. She asked him why. He was candid. He was told to do it by his supervisors, the judges on the Court of Appeals for the Second Circuit. This court is an institution of the elite. It is considered the second highest court in America next to the Supreme Court because it presides over the financial center of the empire, not its capital, that is in D.C., but its real capital. This court makes policy and Lynne Stewart was to be made an example of in “the war against terrorism” just as a half a century before, in the same court, Ethel and Julius Rosenberg were condemned to death in the war against communism, told that they had caused the deaths of 50,000 U.S. soldiers in the Korean War, and found guilty of the ridiculous charge of “stealing the secret” of the atomic bomb, when there was no secret, it was only a matter of technology. The sentencing Judge Kaufman knew they would leave behind two orphan children, Robert and Michael, ages six and three.

In 1947 George Kennan, the ideological father of the cold war, wrote that the United States had but six per cent of the world’s population and fifty per cent of its wealth. The problem was to keep it. Anti-communism served as the ideological cover the U.S. ruling classes used. But communism ceased to exist after capitalism was restored in the Soviet Union in 1991. A new ideological cover has been constructed in the wake of the September 11th criminal attack on the World Tread Center and the Pentagon: the War against Terror. Nationalist opposition to U.S. economic and foreign policy in parts of the Arab world is no longer led by communists but by fundamentalist Muslims.

Lynne Stewart represented one of them, Sheik Abdel Rahman, who was the leading oppositionist to the U.S.-sponsored Mubarak dictatorship in Egypt, which gets more money from America than any other country in the world except Israel. In 1993, at the behest of the Egyptian government, Sheik Rahman was criminally indicted and later convicted of the crime of “sedition” for suggesting to a government informer that rather than blow up New York City landmarks he choose “a military target.”  It was on the occasion of a post-conviction prison visit that Lynne helped her client. She released his statement to Reuters press service announcing his withdrawal of support for a ceasefire between his group and the Egyptian government. This was in violation of a Special Administrative Measure (SAMs) that Lynne had agreed to with the U.S. Government. She wasn’t supposed to be a medium for communication between her client and the outside world. She should have challenged the constitutionality of the SAMs, she now realizes, and not just have violated them.

She wasn’t prosecuted for what she did, not under the Clinton administration, nor during the first years of George W. Bush. Then came 9.11. Bush’s Attorney General John Ashcroft flew into New York City in 2003 and announced Lynne’s indictment on the David Letterman show. The crime? A novel one. Conspiracy to provide material aid to a terrorist organization. What was the material aid? Her client. When Ashcroft did that, as the nation’s highest law enforcement officer, he committed an ethical violation for which any other attorney would have been sanctioned. He made sure that from the very beginning of her ordeal Lynne Stewart never had a chance. Not with the level of fear the government was able to generate and the scare they put into her jury.

In 2006 she was convicted and sentenced. The maximum was 30 years, but thanks to the superb legal work of National Lawyers Guild attorneys Elizabeth Fink and Sarah Kunstler and the outpouring of public support Judge Koeltl gave her 28 months. The government appealed the sentence to their U.S. Court of Appeals. Game over. The selective prosecution of Lynne Stewart was accomplished.

Judge John Walker, George W. Bush’s first cousin, sits on that court. His family made their fortune selling munitions during WWI. He wrote that the 28 months was “shockingly low.”  Judge Koeltl was given his orders. The seemingly kindly boyish-looking jurist about whom it was said that he walks to work and looks after an elderly mother—not exactly a sadistic old lady killer—then reversed himself and on the same evidence nearly quadruped the sentence, putting a seventy-year-old grandmother on chemotherapy away for ten years and two years’ probation after that for good measure. This is much more than meanness. It is ideology.
Michael Steven Smith is the co-host of the WBAI radio show Law and Disorder and sits on the Board of the Center for Constitutional Rights.

America’s Private Prison System is a National Disgrace June 14, 2013

Posted by rogerhollander in Criminal Justice, Human Rights, Mississippi, Torture.
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Roger’s note: the privatization of governmental functions is being fast-tracked in the United States, with both the Democratic and Republican Parties equally responsible.  The violation of human rights and suffering that results is graphically demonstrated in this article.  Capitalism, which values material over human needs, is inherently undemocratic and brutal; and here is only one example of the degree of barbarism it engenders.

An ACLU lawsuit against a prison in Mississippi is the latest to detail flagrant abuses at a private correctional facility

 

 

The privatization of traditional government functions – and big government payments to private contractors – isn’t limited to international intelligence operations like the National Security Agency. It’s happening with little oversight in dozens of areas once the province of government, from schools to airports to the military. The shifting of government responsibilities to private actors isn’t without consequence, as privatization often comes with a lack of oversight and a series of abuses. One particularly stunning example is the American prison system, the realities of which should be a national disgrace.

 

(Photo: Tim Pearce/ Flickr)

 

Some of those realities are highlighted in a recent lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of prisoners at the East Mississippi Correctional Facility (EMCF). EMCF houses severely mentally ill prisoners, with the supposed intent of providing both incarceration and treatment. Instead, the ACLU contends, the facility, which is operated by private contractors, is rife with horrific abuses. As the ACLU states, it is

“an extremely dangerous facility operating in a perpetual state of crisis, where prisoners live in barbaric and horrific conditions and their basic human rights are violated daily.”

The complaint lists a litany of such horrors, but here are a few highlights: rampant rapes. Placing prisoners in solitary confinement for weeks, months or even years at a time, where the only way to get a guard’s attention in an emergency is to set a fire. Rat infestations so bad that vermin crawl over prisoners; sometimes, the rats are captured, put on leashes and sold as pets to the most severely mentally ill inmates. Many suicide attempts, some successful. The untreated mentally ill throw feces, scream, start fires, electrocute themselves and self-mutilate. Denying or delaying treatment for infections and even cancer. Stabbings, beatings and other acts of violence. Juveniles being housed with adults, including one 16-year-old who was sexually assaulted by his adult cell mate. Malnourishment and chronic hunger. Officers who deal with prisoners by using physical violence.

One prisoner allegedly attempted to hang himself. He was cut down by guards, given oxygen and put on supervision, but wasn’t taken to an emergency room, let alone given psychiatric care during the suicide watch. Without seeing a psychiatrist, his medication dosage was increased.

A severely ill 16-year-old with “a long history of being physically and sexually abused in addition to suffering from a traumatic brain injury, limited intellectual functioning, self-harm, and psychosis” was moved to EMCF from a juvenile detention center. His cell allegedly had a broken lock, and so other prisoners were able to enter. Five or six of them beat him. He was moved to a solitary confinement unit and, when he voiced his suicidal ideations and asked to see a psychiatrist, was deemed “manipulating to be moved”.

Another told prison mental health staff that he was depressed and thinking about about suicide. The treatment plan from the prison psychologist was reportedly three words: “encourage behavioral compliance”. After being asked to provide a urine specimen, which he could not give because of a health condition, the ACLU reports:

Mr. Roe began banging on his door, smeared blood on the cell door window, threatened to commit suicide, and tied a rope around his neck. Officers sprayed excessive amounts of Mace in his cell. According to witnesses, officers waited approximately 20 minutes before pulling Mr. Roe out of his cell. By that time, he was non-responsive and cyanotic. He was taken, his hands and feet bound by zip-ties, to the hospital where he was pronounced dead.

For several days after Mr. Roe’s death, medical staff continued to ‘document’ in the daily segregation log that Mr. Roe appeared to be ‘in good health and mood.’”

These kinds of abuses are not relegated to a single prison, but they also aren’t inherent in any detention system. In the United States, though, they’re business as usual. Our prison system is increasingly built and run by for-profit corporations, who have a financial interest in increasing the number of people in prison while decreasing the amount of money it costs to house them.

Since 1980, the US prison population has grown by 790%. We have the largest prison population of any nation in the history of the world. One in three African-American men will go to jail at some point in his life. Imprisoning that many people, most of them for non-violent offenses, doesn’t come cheap, especially when you’re paying private contractors. The United States now spends $50bn on our corrections system every year.

Much of that money goes to private contractors, who are doing quite well living off of American corporate welfare – at the expense of the American taxpayer, whose dollars are funding this mass incarceration project. Large-scale imprisonment isn’t making us any safer, either. But it is putting small-time non-violent individuals – drug users and dealers – in close contact with more hardened criminals and making it significantly more difficult for them to find decent work after their release. That’s a perfect recipe for recidivism, not rehabilitation.

Prisons, as demonstrated by the ACLU case, have also become de facto mass institutions for the mentally ill, except without the oversight that pure psychiatric facilities face. With states tightening their budgets, mental health care is being cut even further. While the mentally ill are more likely to be victims of crimes than victimizers, they are imprisoned at disproportionate rates, and often lack meaningful mental healthcare in prison and even face conditions that exacerbate their diseases, like solitary confinement and total squalor. We’re effectively taking some of the most vulnerable members of society and subjecting them to ongoing torture.

We have so demonized criminals in the United States that there’s widespread acceptance of the fact that jail in modern day America means rapes, beatings, vermin, filth and abuse. But to what end? “Criminals” are punished, yes – brutally, and in ways that should repel and shame us. But rehabilitation isn’t happening in these facilities. Crime isn’t being deterred; if anything, it’s being fostered.

The American public is losing out. The only winners are the private companies who are still awarded contracts to build and maintain more prisons, and who throw their weight behind politicians who promote the supposedly “tough on crime” measures that ensure those prisons are full.

There are many ways to punish crime and protect the public. Ceding our humanity doesn’t have to be one of them.

Jill Filipovic

Jill Filipovic is a regular columnist for the Guardian’s Comment is free and a blogger at Feministe. She holds a JD and BA from New York University.

Obama DOJ Formally Accuses Journalist in Leak Case of Committing Crimes May 20, 2013

Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Democracy, Media.
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ROGER’S NOTE: DO YOU STILL LOVE OBAMA???

Yet another serious escalation of the Obama administration’s attacks on press freedoms emerges

 

It is now well known that the Obama justice department has prosecuted more government leakers under the 1917 Espionage Act than all prior administrations combined – in fact, double the number of all such prior prosecutions. But as last week’s controversy over the DOJ’s pursuit of the phone records of AP reporters illustrated, this obsessive fixation in defense of secrecy also targets, and severely damages, journalists specifically and the newsgathering process in general.

Fox News chief Washington correspondent James Rosen had his emails read by the Obama DOJ, which accused him of being a co-conspirator in a criminal leak case. (Photo: screen grab)

 

New revelations emerged yesterday in the Washington Post that are perhaps the most extreme yet when it comes to the DOJ’s attacks on press freedoms. It involves the prosecution of State Department adviser Stephen Kim, a naturalized citizen from South Korea who was indicted in 2009 for allegedly telling Fox News’ chief Washington correspondent, James Rosen, that US intelligence believed North Korea would respond to additional UN sanctions with more nuclear tests – something Rosen then reported. Kim did not obtain unauthorized access to classified information, nor steal documents, nor sell secrets, nor pass them to an enemy of the US. Instead, the DOJ alleges that he merely communicated this innocuous information to a journalist – something done every day in Washington – and, for that, this arms expert and long-time government employee faces more than a decade in prison for “espionage.”

The focus of the Post’s report yesterday is that the DOJ’s surveillance of Rosen, the reporter, extended far beyond even what they did to AP reporters. The FBI tracked Rosen’s movements in and out of the State Department, traced the timing of his calls, and – most amazingly – obtained a search warrant to read two days worth of his emails, as well as all of his emails with Kim. In this case, said the Post, “investigators did more than obtain telephone records of a working journalist suspected of receiving the secret material.” It added that “court documents in the Kim case reveal how deeply investigators explored the private communications of a working journalist.”

But what makes this revelation particularly disturbing is that the DOJ, in order to get this search warrant, insisted that not only Kim, but also Rosen – the journalist – committed serious crimes. The DOJ specifically argued that by encouraging his source to disclose classified information – something investigative journalists do every day – Rosen himself broke the law. Describing an affidavit from FBI agent Reginald Reyes filed by the DOJ, the Post reports [emphasis added]:

“Reyes wrote that there was evidence Rosen had broken the law, ‘at the very least, either as an aider, abettor and/or co-conspirator.’ That fact distinguishes his case from the probe of the AP, in which the news organization is not the likely target. Using italics for emphasis, Reyes explained how Rosen allegedly used a ‘covert communications plan’ and quoted from an e-mail exchange between Rosen and Kim that seems to describe a secret system for passing along information. . . . However, it remains an open question whether it’s ever illegal, given the First Amendment’s protection of press freedom, for a reporter to solicit information. No reporter, including Rosen, has been prosecuted for doing so.”

Under US law, it is not illegal to publish classified information. That fact, along with the First Amendment’s guarantee of press freedoms, is what has prevented the US government from ever prosecuting journalists for reporting on what the US government does in secret. This newfound theory of the Obama DOJ – that a journalist can be guilty of crimes for “soliciting” the disclosure of classified information – is a means for circumventing those safeguards and criminalizing the act of investigative journalism itself. These latest revelations show that this is not just a theory but one put into practice, as the Obama DOJ submitted court documents accusing a journalist of committing crimes by doing this.

That same “solicitation” theory, as the New York Times reported back in 2011, is the one the Obama DOJ has been using to justify its ongoing criminal investigation of WikiLeaks and Julian Assange: that because Assange solicited or encouraged Manning to leak classified information, the US government can “charge [Assange] as a conspirator in the leak, not just as a passive recipient of the documents who then published them.” When that theory was first disclosed, I wrote that it would enable the criminalization of investigative journalism generally:

“Very rarely do investigative journalists merely act as passive recipients of classified information; secret government programs aren’t typically reported because leaks just suddenly show up one day in the email box of a passive reporter. Journalists virtually always take affirmative steps to encourage its dissemination. They try to cajole leakers to turn over documents to verify their claims and consent to their publication. They call other sources to obtain confirmation and elaboration in the form of further leaks and documents. Jim Risen and Eric Lichtblau described how they granted anonymity to ‘nearly a dozen current and former officials’ to induce them to reveal information about Bush’s NSA eavesdropping program. Dana Priest contacted numerous ‘U.S. and foreign officials’ to reveal the details of the CIA’s ‘black site’ program. Both stories won Pulitzer Prizes and entailed numerous, active steps to cajole sources to reveal classified information for publication.”

“In sum, investigative journalists routinely — really, by definition — do exactly that which the DOJ’s new theory would seek to prove WikiLeaks did. To indict someone as a criminal ‘conspirator’ in a leak on the ground that they took steps to encourage the disclosures would be to criminalize investigative journalism every bit as much as charging Assange with ‘espionage’ for publishing classified information.”

That’s what always made the establishment media’s silence (or even support) in the face of the criminal investigation of WikiLeaks so remarkable: it was so obvious from the start that the theories used there could easily be exploited to criminalize the acts of mainstream journalists. That’s why James Goodale, the New York Times’ general counsel during the paper’s historic press freedom fights with the Nixon administration, has been warning that “the biggest challenge to the press today is the threatened prosecution of WikiLeaks, and it’s absolutely frightening.”

Indeed, as Harvard Law Professor Yochai Benkler noted recently in the New Republic, when the judge presiding over Manning’s prosecution asked military lawyers if they would “have pressed the same charges if Manning had given the documents not to WikiLeaks but directly to the New York Times?”, the prosecutor answered simply: “Yes, ma’am.” It has long been clear that this WikiLeaks-as-criminals theory could and would be used to criminalize establishment media outlets which reported on that which the US government wanted concealed.

Now we know that the DOJ is doing exactly that: applying this theory to criminalize the acts of journalists who report on what the US government does in secret, even though there is no law that makes such reporting illegal and the First Amendment protects such conduct. Essentially accusing James Rosen of being an unindicted co-conspriator in these alleged crimes is a major escalation of the Obama DOJ’s already dangerous attacks on press freedom.

It is virtually impossible at this point to overstate the threat posed by the Obama DOJ to press freedoms. Back in 2006, Bush Attorney General Alberto Gonzales triggered a major controversy when he said that the New York Times could be prosecuted for having revealed the Top Secret information that the NSA was eavesdropping on the communications of Americans without warrants. That was at the same time that right-wing demagogues such Bill Bennett were calling for the prosecution of the NYT reporters who reported on the NSA program, as well as the Washington Post’s Dana Priest for having exposed the CIA black site network.

But despite those public threats, the Bush DOJ never went so far as to formally accuse journalists in court filings of committing crimes for reporting on classified information. Now the Obama DOJ has.

This week, the New Republic’s Molly Redden describes what I’ve heard many times over the past several years: national security reporters have had their ability to engage in journalism severely impeded by the Obama DOJ’s unprecedented attacks, and are operating in a climate of fear for both their sources and themselves. Redden quotes one of the nation’s best reporters, the New Yorker’s Jane Mayer, this way:

“It’s a huge impediment to reporting, and so chilling isn’t quite strong enough, it’s more like freezing the whole process into a standstill.”

Redden says that “the DOJ’s seizure of AP records will probably only exacerbate these problems.” That’s certainly true: as surveillance expert Julian Sanchez wrote in Mother Jones this week, there is ample evidence that the Obama DOJ’s seizure of the phone records of journalists extends far beyond the AP case. Recall, as well, that the New York Times’ Jim Risen is currently being pursued by the Obama DOJ, and conceivably faces prison if he refuses to reveal his source for a story he wrote about CIA incompetence in Iran. Said Risen:

“I believe that the efforts to target me have continued under the Obama Administration, which has been aggressively investigating whistleblowers and reporters in a way that will have a chilling effect on the freedom of the press in the United States.”

If even the most protected journalists – those who work for the largest media outlets – are being targeted in this way, and are saying over and over that the Obama DOJ is preventing basic news gathering from taking place without fear, imagine the effect this all has on independent journalists who are much more vulnerable.

There is simply no defense for this behavior. Obama defenders such as Andrew Sullivan claim that this is all more complicated than media outrage suggests because of a necessary “trade-off” between press freedoms and security. So do Obama defenders believe that George Bush and Richard Nixon – who never prosecuted leakers like this or formally accused journalists of being criminals for reporting classified information – were excessively protective of press freedoms and insufficiently devoted to safeguarding secrecy? To ask that question is to mock it. Obama has gone so far beyond what every recent prior president has done in bolstering secrecy and criminalizing whistleblowing and leaks.

Goodale, the New York Times’ former general counsel, was interviewed by Democracy Now last week and said this:

AMY GOODMAN: “You say that President Obama is worse than President Nixon.”

JAMES GOODALE: “Well, more precisely, I say that if in fact he goes ahead and prosecutes Julian Assange, he will pass Nixon. He’s close to Nixon now. The AP example is a good example of something that Obama has done but Nixon never did. So I have him presently in second place, behind Nixon and ahead of Bush II. And he’s moving up fast. . . .”

“Obama has classified, I think, seven million — in one year, classified seven million documents. Everything is classified. So that would give the government the ability to control all its information on the theory that it’s classified. And if anybody asks for it and gets it, they’re complicit, and they’re going to go to jail. So that criminalizes the process, and it means that the dissemination of information, which is inevitable, out of the classified sources of that information will be stopped.”

JUAN GONZÁLEZ: “What about the—”

JAMES GOODALE: “It’s very dangerous. That’s why I’m — I get excited when I talk about it.”

That was before it was known that the Obama DOJ read James Rosen’s emails by formally labeling him in court an unindicted co-conspirator for the “crime” of reporting on classified information. This all just got a lot more dangerous.

UPDATE

Even journalists who are generally supportive of Obama – such as the New Yorker’s Ryan Lizza – are reacting with fury over this latest revelation:

Lizza added:

The Daily Beast’s Eli Lake said this:

Any journalist who doesn’t erupt with serious outrage and protest over this ought never again use that title to describe themselves.

Glenn Greenwald

Glenn Greenwald is a columnist on civil liberties and US national security issues for the Guardian. A former constitutional lawyer, he was until 2012 a contributing writer at Salon.  His most recent book is, With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful. His other books include: Great American Hypocrites: Toppling the Big Myths of Republican PoliticsA Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency, and How Would a Patriot Act? Defending American Values from a President Run Amok. He is the recipient of the first annual I.F. Stone Award for Independent Journalism.

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