Federal Prisons

MIM(Prisons) conducted our annual congress in July to sum up our work for the year, learn from our mistakes and build on our successes. We affirmed our strategic direction and came away with some shifts in our tactical work based on experiences over the past year and proposals from our comrades. This report sums up the decisions of interest that can be shared publicly.

Under Lock & Key (ULK) is our primary educational and organizing tool, and the main way that we retain contact with our readers behind bars. We will continue to lead theoretically through this publication with expanded analysis of economic issues and international content. This is important because we understand the value of prison-based reporting and organizing information, but must not lose sight of our role as a Maoist organization. Keeping the internationalist orientation of our work, and providing analysis based in communist theory, is critical to the goal of MIM(Prisons). We are working to develop more writers behind bars who can also contribute at this level, and we still value our field correspondents who report on what’s going on in their prison or state.

In our focus to lead theoretically we have set a goal of finishing the upcoming book on the Chican@ nation by the end of this year. Chican@ Power and the Struggle for Aztlán is a collaborative writing effort representing several emerging Maoist voices in the Chican@ movement. There is a need for Maoist literature and leadership in the hotly contested struggle of Chican@s and migrants against Amerikan repression, especially in the new context of multiculturalism and widespread wealth throughout the United $tates. We aim to get the ball rolling on that contemporary theory development with the release of this book. Prisoners interested in receiving a copy should write now to request one.

Because we are a prison-focused cell, anti-censorship is a very important battle for MIM(Prisons) and United Struggle from Within (USW). Censorship is a primary and effective tool used by the criminal injustice system to cut prisoners off from the broader anti-imperialist struggle, and it is implemented illegally and arbitrarily against our literature. Censorship can stop folks from receiving important educational materials and in the extreme case it completely shuts down our communication in states where all of our mail is stopped.

Last congress we decided to target certain states for anti-censorship campaigning, and we had success with this tactic, especially in North Carolina, California and Missouri. In the censorship chart you can see what states had victories, bans in particular facilities, and overall statewide bans. The chart may appear misleading in that a ban might only directly impact a handful of subscribers. But still, even those few subscribers could multiply into a movement if given half a chance. On the flip side, there may be no censorship reported in a state that actually does have censorship or a ban; we just don’t know about it yet. Facilities where our mail was banned over the past year were Colorado Territorial Correctional Facility, Federal Correctional Institution (FCI) Elkton, FCI Talladega, U.S. Penitentiary Atwater, Rutledge State Prison in Georgia, Sheridan Correctional Center in Illinois, Ely State Prison in Nevada, Riverview Correctional Facility in New York, State Correctional Institution (SCI) Fayette and SCI Waymart in Pennsylvania, and Central Utah Correctional Facility. This is SCI Waymart’s second year banning MIM material, and Central Utah Correctional Facility’s third!

This year we made a number of commitments around censorship battles that should improve our ability to respond quickly and resolve them from the outside. We do not have the resources to fight every censorship incident, so we prioritize assisting subscribers who are also engaging in this battle from behind bars. You can request our guide to fighting censorship if you don’t have it already. The basic advice is to appeal all censorship, and appeal it to the highest level. Send us copies of censorship notifications and inform us when any mail we’ve sent has been rejected. Censorship battles are sometimes won on just the first appeal, but others require much paperwork and persistence. Also tell us all the mail you receive from us, whether it was censored initially or not.

We decided to push our anti-censorship work in support of the W.L. Nolen Mentorship Program (WLNMP), based out of Pelican Bay State Prison in California. This mentorship program is committed to providing one-on-one guidance to people on the outside who are interested in New Afrikan liberation and fighting injustice. A comrade in MIM(Prisons) attempted to participate in this program hself, but h participation was squashed at the outset. Pelican Bay officials claim the WLNMP is a Security Threat Group, related to the Black Guerilla Family. Since we’re prevented from participating in the mentorship program directly, we’ve decided to instead help fight censorship of the program. We will continue reporting on the development of this program in ULK and on our website.

United Struggle from Within (USW) is the MIM(Prisons)-led organization for prisoners. This is the group through which we build campaigns and educational programs behind bars. California and Texas are usually heavily represented in USW membership, and this year we had an influx in the Southeast and Midwest United $tates. In the coming year we will expand our focus on states where we have active comrades, and help those comrades build new campaigns relevant to their local conditions. In practice this means that we have identified the most active states and will be focusing our work there to bring together individuals from different prisons with the goal of building unified campaigns and a broader state-wide movement.

In addition to our focus on more active states, MIM(Prisons) is working to improve the ways we engage people to make sure no lone comrades fall through the cracks due to censorship or just from being locked up in a relatively inactive state. We are going to pay special attention to those who stay in touch and do work.

Alongside our commitment to develop prisoner leaders and activists, we recognize the need to continue supporting our comrades once they are released from prison. The MIM(Prisons) Re-Lease on Life program will be focused on this year, in an effort to address some issues our released comrades have struggled with. In the coming year we are going to research the possibility of setting up a more intensive release program. This is something that will take significant time and resources, and we will only be able to offer it to those committed to a life of political activism. As we develop the program we will reach out to eligible individuals to work out a release plan. In the meantime, make sure we know when you have a release date coming up in the next few years so we can start planning now.

We considered a proposal from a USW comrade to use prisoner-created revolutionary art for fundraising, and to spread revolutionary culture in prisons and on the street. We are going to take up parts of the proposal that are within our means at this time. In the coming months we are going to initiate a project to create revolutionary greeting cards for sale on the streets and for use behind bars. The proceeds of this project will be used to fund the creation of a revolutionary prisoner art zine, which we will distribute on the streets. Any profits from that zine will be used to fund a culture project to be selected by the contributing prisoner artists. Anyone can donate art to this project by sending in your submissions to the address on page 1! Even if you aren’t an artist yourself, you can help spread and build this cultural project in your facility. Write in for more information.

We are pleased to report that our work has expanded in many ways over the last year, and we expect additional expansion based on the plans and resources we have in place for the coming year. In solidarity with all genuine anti-imperialist forces world-wide, we continue moving forward!

Los Amerikanos deberían de condenar a su gobierno por estar involucrado en lo que esta tomando lugar en el patio trasero de Rusia. Partidos politikos con ambiciones nucleares en el bordo de Rusia es una receta de muerte y gran desastre.(1) A incrementado el derramamiento de sangre y todo es resultado de la maniobra imperialista por la cual docenas han muerto en confrontaciones entre los protestores/fuerzas opuestas, y la fuerzas de seguridad en Ukrania que son controladas por los partidos que entraron en poder en el golpe de estado de Febrero (el segundo, de parte de los EE UU en los últimos 10 años). Interesantemente no hemos escuchado a John Kerry hacer un llamado de sanciones en contra del gobierno nuevo de Ukrania como fue visto el pasado otoño cuando el gobierno anterior asalto a los protestantes, una vez más exponemos su hipocrecia (eso va sin disculparse por el ahora derrocado régimen de Yanukovic, el cual después mato a docenas de protestantes en las calles de Kiev). Los Europeos deberían de estar aun mas preocupados por la violencia que se esta fomentando en Ukrania. Mientras la Unión Europea espera beneficiarse del militarismo de los EE UU en forma de relaciones de intercambios con Ukrania, les podría llegar guerra a su propia región por ese mismo militarismo por el que tanto esperan ellos beneficiarse.

Las declaraciones del presidente Vladimir Putin en Mayo 7 del 2014 indicaron que Rusia se la llevara calmado cuando se trate de este conflicto, las platicas de que Ukrania se una a la Tratado Atlantico Norte (NATO) es una gran amenaza a la seguridad de Rusia. Los Amerikanos expertos en poliza extranjera, incluyendo a Henry Kissinger, han condenado la idea de unir a Ukrania con nato. NATO fue formada al fin de la segunda guerra mundial como un pacto militar entre paises opuestos a los entonces comunistas de la Union Sovieta. Desde la disolución de la Union Sovieta en 1991, poco a poco la OTAN ha estado entrando al este de Europa dirijiendose hacia Rusia.

Las palabras calmadas que expresó Vladimir Putin indican que las muy limitadas sanciones del Oeste han sido exitosos en no añadir mas flama a la rivalidad del inter-imperialismo. Con atacar y enfocarse en individuos, EE UU y Alemania previnieron los tipos de barreras comerciales que terminaron en guerras abiertas entre países imperialistas a principios del Siglo XX. Y aunque los mercados financieros de Rusia han bajado frenta a esta amenaza, el golpe permanece moderado.

Otra razón por la cual preocuparse es que el régimen - apoyado por los estadounidenses tiene participación significante de partidos fascistas de la ultra-derecha. Es irónico que hoy el fascismo encuentra gran cantidad de apoyo con la gente que destruyo el fascismo en los 1940s. Pero nuestro entendimiento del fascismo explica porque. Fascismo es dirigido por una clase imperialista que siente que su existencia es amenazada y/o aspira surgir y avanzar en contra de otros poderes imperialistas. Su gran apoyo es el de los aristócratas laborales los cuales quieren que su nación sea levantada y poder segar grandes superganancias a costos de otros países (lee nuestro paquete de studio del fascismo). Rusia permanece un poder imperialista con desigualdad al oeste, que no puede proveer los mismos beneficios a su gente como por ejemplo los EE UU y esos del oeste de Europa. Mientras que Ukrania no es un país imperialista, hay una pequeña clase de financieros capitalistas que apoyan el avance fascista dentro del régimen actual. Los fascistas se están movilizando entre la guardia nacional y están detrás de las recientes muertes de policías locales y civiles en el este donde la oposición al nuevo régimen es fuerte.

Con toda la ayuda y préstamos ofrecidos a Ukrania departe del Oeste, sabemos que gran parte del dinero dado en el pasado se ha hido a diferentes partidos politikos, “reforma de elecciones” y avenidas de información (2); algo que debemos tener en mente al tratar de entender lo que sucede durante eventos politikos en estados clientes. El USAID, constantemente comercializado por el gobierno como agencia humanitaria, está detrás de esta campaña y fondos politikos. Los EE UU y Alemania se alistan para la planeada elección presidencial que debe tomar lugar en Mayo 25 mientras trabajan detrás del esenario para asegurar sus resultados.

El militarismo Estado Unidense, el cual es definido por la economia Amerikana dependiente de la guerra y producción militar, tiene que ser llevado a un fin para parar todas esas muertes innecesarias como las cometidas recientemente en Ukrania y en diferentes partes del mundo. USAID tiene que ser expuesta y todos tenemos que estar en contra de USAID por ser la herramienta que se opone a la auto-determinación de la gente alrededor del mundo. Los sentimientos anti-Rusos que se levantan entre Amerikanos y el apoyo que Putin esta recibiendo en Rusia no es una buena mezcla para prevenir conflictos en el futuro si es que de casualidad los imperialistas deciden subirle un nivel mas a todo este problema. Esto es la advertencia que nos dice y grita que debemos fortalecer el movimiento acontra el militarismo Estado Unidense.

Pigism has no color
As we adjust they adapt
So we must remain abreast
by choosing
not-to-wait-to
have-to-react.

Pigs are Black! Wearing afros
or hats to the back
yelling KAPTIVES! hands
in the air! as they attack.
Attack! Attack!

Pigs are white
old “Raiders in the night”
Imperialist goons with guns (oink)
Blue and grey uniforms (oink)
forcing kaptives to LIE DOWN!
and conform conform conform.
Imperialism is pigism and has too easily become the
accepted norm.

Somebody Sound the Alarm
as we storm! Storm! Storm!
and tear down the norms
and no longer conform
to pigism

July 1, Murrieta, California - Residents of this southern California town blocked three buses carrying about 140 detained migrants from Central America from entering their town. The buses were diverted to other border patrol facilities for processing and supervised release pending appearance in immigration court. These flag waving Amerikans spouted racist slogans about the destruction of Amerika brought by these “illegal” additions to their precious white community as they attacked the buses. The migrants crossed the border in Texas and were flown to California to relieve the overcrowded processing facilities in Texas by the Department of Homeland Security.

The protests were instigated by Murrieta Mayor Alan Long who called on residents to oppose the federal government’s decision to move the migrants to the facility in his city. He wants the federal government to deport these migrants immediately. The Obama administration responded to the outcry by promising to cut back on the “illegal” border crossings, attempting to get $2 billion from Congress and authority to return people home faster.(1)

Already this year Border Patrol agents have detained more than 52,000 unaccompanied minors crossing the U.$. border.(2) But in spite of the media reports, this isn’t just about children migrants, and we do not believe that activists should attempt to stir up public sympathy by focusing on the children. The U.$. border is an artificial restriction, put in place to protect imperialist wealth from those people who create the wealth. Migrants cross the U.$. border to escape U.$.-backed militia violence, capitalist-corporate economic devastation, brutal regimes and devastating poverty. These are all conditions that secure cheap labor for exploitation by imperialist corporations which bring the wealth home to Amerika and protect it with militarized borders. The border crossers of all ages deserve access to this wealth more than the well-off residents of Murrieta. Anti-imperialists call for open borders, and support the rights of indigenous people everywhere to enforce immigration restrictions on the imperialists who invade and steal their land and resources.

In today’s world we’re seeing the courts and media minimize the fact that U.S. prisons are run by criminals worse than the so-called worst confined within them. They have attempted, and have succeeded to a degree, in demonizing the prisoners being tortured and thereby desensitized the general public on that subject.

This is why it also seems the jury in the court of public opinion is still out regarding what process is due, and how the experimental implementation of political censorship known by its official misnomer “Obscene Materials Regulations” is already in progress on San Quentin State Prison’s (SQ) four death row Security Housing Units (SHUs). The normalization of censorship in all its forms continues right before our eyes in SQ and beyond.

Consider how an invasion force imposes their will upon their victims preserved alive. One of the first things it does is knock out all means of communication. After installing a puppet governing body it then promotes its own agenda through the mass media. The San Quentin Antenna Cable System (SQACS) can be described as a one-sided propaganda bomb with a signal jamming warhead. It is a weapon of mass corruption in the hands of terrorists embedded in the Calincarceration Corrupted Peace Officers Association (CCPOA) and other affiliates using the CDCR as their puppet to lord it over in the micro-societies of prison. Their fee for this is deducted from your paycheck, education, and social services for the disabled and elderly.

The SQACS (AKA SQTV) consists of expensive technology similar to that used by cable providers. Most cable companies receive their programming via satellite and then rebroadcast it on frequencies that boxes atop your television can receive. SQTV also consists of 14 converter boxes and several DVD players. As you may know, these devices require your TV be on channel 3 or 4 to operate. However, the SQACS rebroadcasts each on a different frequency. It even rebroadcasts free over-the-air digital signals on different frequencies in QAM (cable mode) and the UHF band.

Not only are the 14 now obsolete converters a huge waste of electricity (they’ve been on 24/7 nearly 5 years!) they also block free over-the-air broadcasts on the VHF channels they’re rebroadcasted on. Contrary to popular belief prisons don’t make money for the state. Only those working at prisons make the money and since the SQACS wastes YOUR money and not theirs, they don’t care - especially when it can be used to give them job security.

Public broadcast stations KQED and KMTP are just two stations multicasting from Sutro Tower that are currently being blocked/restricted by the SQ administration under the guise of technical difficulties. I argue it is actually intentional because these provide programs such as World News, Democracy Now, and even documentaries denouncing the horrific practice of long term torture by indefinite solitary confinement in California prisons.

San Quentin is by no means the only California prison using this technology to censor over-the-air broadcasts that don’t fit their oligarchy’s agenda. Radio stations received via these systems at various SHUs have reportedly cut out as the hunger strikers were being commended for their peaceful protest. The broadcast was then turned back on when the CDCR representative began demonizing it.

As stated in the essay “Free your mind; reversing the effects of prison censorship” by S. Muhammad Hyland, “The bottom line is simple. The institutional restrictions on revolutionary political material are in place for a reason: to keep us from learning how to go about securing our freedom, and destroying the system responsible for our lack of success in Amerika.”

MIM(Prisons) adds: Unlike most U.$. prisons found in rural areas, San Quentin is right in the Bay Area where, as this comrade points out, there are many sources of progressive information on television and radio. It is quite damning that the state finds it necessary to censor these channels, which anyone just outside of the San Quentin compound can watch and listen to just fine. It speaks to the truth that prisons are all about social control. And it underscores the importance of not just having control of our own independent media, but also fighting for our First Amendment rights to distribute and share that media. Distribution networks are constantly threatened by bourgeois interests, from eliminating public bulletin boards, to the attempts to prioritize corporate website traffic on the internet, to blocking television and radio stations within prisons. Under Lock & Key is perhaps the most censored news source in the Amerikan Criminal Injustice System, and we are always engagedin ongoing battles in many states. We need more jailhouse lawyers and legal help on the streets to help with this fight.

I am writing to inform about the tier II program Georgia has started at all level 5 security institutions. This program is suppose to be a disciplinary management program, but in reality it is a cover up to keep prisoners on lock down.

There are 13 criteria that identify prisoners to be placed into the program, but since they’ve started this program there are prisoners who do not qualify but who have been placed into the Tier II program. The real reason the program was started is to keep certain organizations on lock down. The majority of prisoners in this program (90%) are African Americans. The other 10% are ones who have rebelled agains their system somehow so they were placed into the program.

You can be in the program up to two years at one camp and even if you complete it at one camp they’ll send you to another camp that has the Tier II program and place you back on lock down.

At Hays State Prison inmates constitutional rights are being violated, they are refusing us recreation, our procedural due process has been violated, they are not feeding us 2800 calories a day, and they serve us cold food at all meals. Recently Hays State Prison guards have started carrying tasers. The officers let a prisoner kill himself, and if you piss one off they’ll neglect feeding you or put something in your food.

In addition, the grievance system they have is bogus. Even if you word your grievance correctly and you have them dead to wrong, their reply will always be ‘your grievance has been denied due to the fact upon investigation of this matter such and such say or nothing was found to be out of order.’ When really no investigation was run, because they never talk to your listed witnesses or talked to you personally.

This is one institution that needs to be closed down. There is so much going on. The only reason certain things don’t take place for now is because of the tactical squad that’s running the institution, but when they leave it’s back to beating on prisoners and other such cruel and unusual punishment.

The prisoners here are filing lawsuits but it’s a process that takes time. Hays State Prison is practically starving prisoners and they violate constitutional rights as well as standard operating procedures of the Georgia Department of Corrections.

MIM(Prisons) responds: It’s important that our comrades report on new programs like this Tier II system in Georgia because this is the sneaky way that states are now renaming long term solitary confinement. Also known as control units this isolation in and of itself is very harmful to people. As this comrade reports, Georgia is taking the repression further by restricting food and carrying out other abuses, and then denying prisoners the ability to grieve these violations of law. Georgia does not yet have a grievance campaign, but we hope that one of the many active comrades in that state will soon take up the challenge to create a grievance petition specific to this state so that we can push that campaign as another tool in our fight in Georgia.

On May 1, in the northern Alaska village of Tanana, two state troopers were shot to death after being sent to the remote Alaska Native village to arrest a resident for misdemeanor violations including driving without a license and threatening a village public safety officer. The man’s son shot the troopers as they entered into a physical altercation to arrest him.

The issue has been sensationalized in the bourgeois press as an extreme tragedy involving the deaths of the officers who were killed “in the line of duty.” The young man who fired the shots is being vilified by the media as a murderer and arch-villain guilty of killing two cops who are painted as heroes and outstanding individuals. As droves of white settlers attended the long procession of police cars carrying and escorting the bodies of the troopers from the medical examiner to the airport in Anchorage, hands over hearts and tears in eyes, nary a word is to be heard in lament of the destruction of a young First Nation life and family. Upon further, deeper examination however, a picture emerges which places the emphasis on First Nation repression, police-state tactics, and a long history of neglect by the white ruling class of its oppressed, dependent and dominated rural native population.

It was not native or even just local law enforcement which came to intervene and attempt to take into custody the alleged offender, it was white outsiders who needed to be flown in from a far distant regional hub in the tradition of the imperialist colonial model. These intruders have no personal ties to such communities and they naturally are viewed with resentment and suspicion. This sort of “law enforcement” is seen as arbitrary, external, and illegitimate by many who are forced to recognize its jurisdiction at the barrel of a gun. It is also increasingly being challenged.(1)

At first glance, what would appear to have happened in this particular situation is that a local individual who was transgressing some relatively petty ordinances or laws (which, by the way, are mostly foisted upon the First Nation people by white settlerism from far-off white legislatures and courts) was confronted by what passes for law enforcement in most rural villages - a VPSO, or “village public safety officer.” The alleged offender did not want to cooperate with the VPSO and threatened him. The VPSO then contacted state troopers. The troopers were eventually flown in, attempted to arrest said individual and a struggle ensued after the man resisted arrest. The man’s son, upon witnessing this altercation, grabbed a firearm and shot the troopers in defense of his father. The media is portraying the son as a “cowardly and selfish” criminal who killed two of Alaska’s finest. But let’s now dig more below the surface to understand the real elements behind this unfortunate circumstance.

The father and son are connected with a group called the Athabascan Nation (Athabascan being their particular native tribe). This group denies the authority of the state over native lands. They have also questioned and challenged the authority of the VPSOs.(2)

The position of VPSO was created by the state legislature. Instead of allowing First Nation sovereignty, and also even allotting appropriate funding for tribes to create their own, this was the state’s way of providing a law enforcement presence in villages.

Most VPSOs are the equivalent of a native “Uncle Tom,” a puppet of the “man.” Though it is only the equivalent of putting a band aid over a gaping wound, many tribes in the south have been granted a form of limited sovereignty under a set of laws incongruously titled “Indian Country.” The Navajo Reservation in New Mexico is an example. However, in Alaska, a clever piece of settler legislation called the Alaska Native Claims Settlement Act killed “Indian Country” sovereignty in Alaska and instead regional “corporations” were set up, which in turn were given lucrative contracts on oil and mineral exploitation (most of which is still dominated by Euro-Amerikan multinationals like BP and Exxon anyway). These corporations make considerable amounts of money for a relatively few shareholders while providing limited health care and other services but little else. In other words, it was and is the Euro-Amerikan exploiter class’s way of bribing a significant enough portion of Alaska natives to be content with being an otherwise plundered and oppressed colonial, subjected people. This has effectively kept most pacified, while corporations appropriate natural resources, including oil, gas, minerals, timber, fish, etc, worth billions of dollars to the ruling class exploiters.

In order to maintain complete control over these lands, the white plunderer ruling class has even imposed their own arbitrary laws and regulations on the First Nation peoples’ way of life – their traditional and time-honored means of subsistence. As an example, state fish and game officers forcefully prevent indigenous peoples from harvesting food resources that they have for thousands of years, in the name of preserving stocks and preventing depletion (so that great white hunters won’t run short on sport-hunting). They are then forced onto the rolls of social welfare programs such as food stamps, thereby making them into a totally dependent population. The social evils this has produced are numerous and horrendous, including creating feelings of inadequacy and worthlessness amongst a formerly proud and self-sustaining, independent people and therefore contributing in large part to the extremely high rates of suicide and drug/alcohol dependency and in effect inflicting another indirect genocide on the First Nation peoples.

There is, of course, something patently obscene with a nation who have historically been the biggest polluters and foulers of the earth imaginable telling those engaged in indigenous practices that have proved sustainable over generations what they can and can’t do on their land. From over-fishing by commmercial fisheries, mines like Pebble Copper and Usibelli Coal and, of course, fossil fuel extraction, Amerikan dominance of the Alaskan territories has brought ecological disaster. This March was the 25th anniversary of the Exxon Valdez oil spill, which dumped 11 million gallons of crude oil into Prince William Sound, killing hundreds of thousands of shorebirds. While bird populations are recovering, others have not, including the local Orca populations that have continued to decline since the spill.(3) And that’s only beginning to scratch at the surface of the farcical nature of white colonial rule.

Returning to the VPSO issue, it can be seen they are only a quisling representative of white colonial rule and are additionally so powerless that they all are even unarmed, making them completely dependent on state enforcement. Tribal councils themselves are little more than puppet shows. Tribal authorities rarely challenge state rule or push for sovereignty because they are, for the most part, bought-off. They don’t want to lose state funding and corporate backing or jeopardize their own salaries and positions. Members of the Athabascan Nation and other similar groups recognize this and fight against their treachery and hypocrisy. Unfortunately, the latest action against the troopers by an over-idealistic and perhaps protective young man amounts to focoism that has destroyed his life, but this has shed a lot more light on the need for natives to assert far more control and autonomy over their own affairs separate from state interference.

Showing their complete disregard for their own and their status as lapdogs of state authority, the tribal council of Tanana moved to banish the man troopers came to arrest as well as another “aggressive” member of the Athabascan Nation, calling them “intolerant.” Why not also banish outside, militant and aggressive officers of an oppressive regime bent on stealing and keeping your land? They’d rather banish two of their own? This speaks volumes.

In contrast, even the young man who is accused of shooting the cops seems to have had a better grip on who his real friends and enemies were, as, even though he also drew a bead on the native VPSO who was present, he lowered his gun and declined to harm him. This in itself speaks loudly for the need for tribes to govern and police themselves. It is far harder to harm someone you identify with or know, than it is someone you have had no interaction with and view as a foreign aggressor. It is also interesting that after the shootings, the local VPSO was able to take the young man into custody with the help of a few community members without further incident. So clearly, this was not, contrary to most media reports, a case of an out-of-control, criminally minded and dangerous coward, but a young First Nation man coming to the defense of his father who was being accosted and assaulted without due cause by an aggressive, militant and foreign force he did not recognize and rightfully viewed with hostility and distrust.

Not very surprisingly, even reformist measures such as the concept of “Indian Country” are vehemently opposed by the state government. If enacted, this would take away state authority and create a dual-legal system on the small amount of tribal (vs. corporate) lands that would become “Indian country.”(4) In other words, the white settler state might lose its ability to fully plunder and loot the First Nation people and their land, and lose its ability to legally impose its will on the people by force.

We must fight for the national self-determination of First Nations. The imperialists must be forced to end their absolute hegemony and domination over the indigenous populations and the vast wealth of their country. The First Nation people must not be subjected to a cruel, indirect genocide and forced assimilation into white Euro-Amerikan “culture,” with all its comparatively decadent values, fetishization of money, and inherent corruption.

The only solution is the revolutionary one - to support and accept nothing less than full First Nation sovereignty for all indigenous peoples.

In early June of this year, MIM Distributors received a letter from Assistant Director Cynthia Bostic of the North Carolina Department of Public Safety (NCDPS) upholding the censorship of Under Lock & Key No. 37 (March/April 2014). Bostic censored ULK 37 because it mentions the options legally available to prisoners, to not buy from commissary, not order packages through the prison’s vendor, and to file civil action suits. None of these activities are illegal, or even against NCDPS’s own policies. Since the newsletter talks about activities which prisoners are legally allowed to engage in, but which give the prisoners a tiny notion of agency and self-determination, it is not permitted in the state.

As a North Carolina comrade wrote almost two years ago, censorship of ULK under the guise of illegal activities was triggered by a surge in subscribers in that state and the development of a campaign by USW comrades in North Carolina to petition the state’s ineffective grievance system.

MIM Distributors has written multiple letters to NCDPS administrators in an effort to defend the rights of prisoners to read our newsletter, and to exercise our right to free speech. One of these letters helped convince Bostic to approve the delivery of Under Lock & Key No. 36 (January/February 2014). According to Section D.0105(d) of NCDPS’s Policies and Procedures, upon approval, the Publication Review Committee and Wardens are supposed to work together to deliver the previously censored issues of Under Lock & Key to their intended recipients. In Bostic’s letter, she “permits” MIM Distributors to resend ULK 36 at our own expense. We recently checked in with our subscribers in North Carolina to see if this issue was delivered to them via the channels outlined in NCDPS Policies and Procedures. If you were a subscriber in January 2014, you should have received issue 36 from your Warden. Let us know if you haven’t!

I’ve been slapped in the face with a crazy example of how this country uses its criminal system as social control.

In 1997 I was locked up for 1st degree murder for a robbery that happened when I was a kid just 17 years old. I didn’t get to try the 1st Degree Murder Charge in court, only the robbery. This is due to the “Felony Murder Rule” (Cal P.C. 190.5) which says basically: all deaths that occur during the preparation, the act itself, or in fleeing of any serious felony are 1st Degree Murder. I didn’t kill anyone or want anyone to die, but, because I wouldn’t testify against anyone I became an adult murderer, even though I was neither.

The felony Murder Rule theory says since all adults should anticipate all potential outcomes of every act, they’re responsible for anything that happens should they not alter their behavior based on the potential worst case scenario. So one becomes morally culpable for the acts of everyone involved. Disregarding the supposed pillars of our “justice” system: act and intent.

In 2012, Miller v. Alabama (S.67 U.S_,,) applied the primary theory in Graham v. Florida ((2010) 560 U.S. 48) to murder cases, which says “juveniles who don’t kill or intend to kill have a twice diminished moral culpability when compared to adult murderers.” This obviously eliminates the only “evidence” used to convict me of 1st Degree Murder. I was automatically an “adult” because of the serious felony charge. I was automatically a “murderer” because I caught the robbery. But the principal that invalidates my conviction can’t be automatically applied. Nope. The Antiterrorism and Effective Death Penalty Act (AEDPA) laws that restrict collateral reviews through my only recourse - Habeas Corpus petitions - are so complicated judges write books on their unconstitutionality. I had a 1% chance of being heard by the court.

Even the blood thirsty citizenry of this country balked at the insane application of this felony-murder rule on Dr. Phil when discussing the Elkhart 4 in Indiana, where 5 kids burglarized a house thinking no one was home. The owner shot and killed one and injured another. The 4 living kids got 50 years to life! Guilty of burglary, automatically adult murderers.

In California they tried to mitigate the effects by enacting P.C. 3051 which makes it easier for juveniles to parole after 25 years. So, I was found guilty of murder I didn’t do, couldn’t try in court, that your own law says I’m no longer guilty of but, I’ll only have to do 25 years? Wow.

Could you imagine if the CEO of GM was charged with murder for approving the continued use of the faulty ignitions that led to the 13 deaths from their use? If the general who ran the VA was charged with murder for the 40 deaths they found so far that resulted from the faulty list waiting times? If wardens were charged with murder for every death by prisoner suicides? All these people committed crimes that led to peoples’ deaths.

But these businesses are protected from culpability using U.S. v U.S. Gypsum Co. citing Morissette v. U.S. where the Supreme Court expressly articulated the importance of “mens rea” (act/intent) to “our” system of criminal law.

That’s their system of criminal law. Poor minorities get Rockefeller, 3 strikes, felony-murder and AEDPA laws. A ton of other laws I’m sure.

I was a kid, unarmed, who wanted money. I got life in prison for a murder I didn’t do, without a trial. There are thousands of us in U.S. prisons.

They get ’em young. But we’re gonna put up our anti-felony-murder rule use on juveniles legal argument in light of Miller v. Alabama on the internet for those who choose to push that pen. One of us will get them.

MIM(Prisons) adds: This is a very good example of the Amerikan Criminal Injustice System. And the parallels this comrade draws to the CEO of GM and other corporate executives are right on target. When people criticize socialist China under Mao for “persecuting” landlords, imperialist spies, and capitalists they purposely ignore the murders, rape and brutality that these people enabled, in many cases directly perpetrating. A landlord who demands from a peasant payment of his entire crop in a drought year means inevitable starvation for that peasant’s family. This leads to deaths easily foreseen by the landlord. And so under socialism landlords are convicted of these crimes. The same people who decry these socialist actions as “unjust” stand by while people like this writer are locked up for deaths they did not cause and could not have anticipated. This is the double standard of the capitalists.

Dawn of the Planet of the Apes
July 2014
PG-13

In our review of Rise of the Planet of the Apes (2011), we drew parallels to the Conquest of the Planet of the Apes (1972) from the original series. The final episode (Battle for the Planet of the Apes (1973)) of the original series takes place hundreds of years after apes have risen to power and gives an interesting take on the dictatorship of the proletariat as apes rule benevolently over humyns and strive for a peaceful society. The latest, Dawn of the Planet of the Apes (2014) is more of a Conquest part two in terms of the timeline, but takes on many of the themes of Battle.

Dawn of the Planet of the Apes takes place a mere ten years after Rise, featuring many of the same ape characters. In those ten years, humyns had been virtually wiped out by a virus that was a product of testing done on the apes and infighting that resulted from the crisis. In the meantime, the apes that fled to Marin, California have built a home there, and other species have made a miraculous recovery in the absence of humyns.

The theme that Dawn shares with Battle is the apes realizing they are no better than humyns when it comes to war and violence. This is a positive lesson in historical materialism that looks at the social causes of war, conflict and change in general. It makes sense that as apes develop a more advanced society with language, buildings, fire and larger populations, that similar social phenomenon will come into play as we have in humyn society.

In Battle this was a nice lesson as it came after hundreds of years of dictatorship of apes over humyns, at which point one would expect a sense of commonality (internationalism if you will) to have developed. What is less believable in that movie is that after all that time there would be a vengeful element, which is played off as an almost genetic/racial thing particular to the gorillas. In the most recent movie we would expect much desire for vengeance against humyns, as these were the very same apes that were raised in prisons and experimented on by humyns before the revolution in which they freed themselves.

The new series has not yet reached the point of dictatorship of ape over humyn, only separate settlements that are now engaging in war with each other. Both sides have their militarists. The ape is motivated by vengeance from the torture he endured, while the humyn has a sense of purpose in returning humyns to their rightful place as dominant. A looming oppressor consciousness persists among the humyns despite their fall from grace. Though the main material force pushing them into conflict in the first place is the need for the hydro power that is within ape territory. No doubt, the justification of genocide for natural resources is still deep in these Amerikans’ way of thinking.

Dawn does offer us some underlying political lessons. Caesar, who led the revolution in the previous movie as the only ape who knew how to speak, is now the established leader. All apes have developed some ability to speak (and at least the younger ones are learning to write), and they are able to communicate even more complex ideas through sign language. The mantra “ape shall not kill ape” is a direct throwback to Battle, that is repeated throughout this latest movie. This format is similar to short sayings from Mao that the Communist Party of China promoted under socialism to imbue the people with a new collective consciousness. It was necessary in a society with very limited literacy. Like Mao, Caesar is reified. At the same time, as Caesar disappears from the scene, it is clear that there is a core of apes who followed Caesar’s ideas, and not just him as an individual. And there is a sense that the whole population has some grasp of these ideas, again similar to socialist China. But when a usurper seizes power, the masses follow him with little resistance. Like the Gang of Four in China, those perceived to be loyal to Caesar’s ideas are imprisoned.

There is a strong theme of the nuclear family in this movie, at times saying that family is more important than the greater people. While Caesar learns to not idealistically trust all apes, he thankfully does not turn inward to his nuclear family as many do when they feel betrayed by larger organizations or society as a whole. Family is the hideaway of the coward, often the patriarch, who feels they can have greater control there. But revolutionaries strive to transform society by the power of scientific understanding. Like the last movie, the apes show heroic revolutionary sacrifice in their struggle for the greater good for all apes and the society that they have built. While they face internal contradictions based on the harm that oppression has stamped on their psyches, they have done much to build a promising society.

In our review of the previous movie we talked much about the integration struggle, with the apes rejecting that road. The ending of this movie leaves the protagonists from each species hoping for a collaborative effort, but seeing that it is impossible at this time. Caesar in particular seems keen at recognizing the material forces at play and the impossibility of collaboration with the humyns as a whole despite the friends he has among them. Similarly in our world, while there are certainly genuine revolutionary forces among the oppressor nations, we should not be fooled into interpreting that to mean that the oppressor nations as groups are ready for peaceful coexistence.

It is the contradictions that humyns face between their weakened state and their desire to have the material benefits of the past that is the biggest threat to the apes in this movie, and seemingly in the next one to come. We hope that the apes learned valuable lessons from this latest struggle that they can consciously consolidate into their ideology as a society as they move forward in their struggle against oppression and to end war.