Under Lock & Key

Since 2021, the city of Atlanta in conjunction with its police force and local developers and contractors, has been trying to bulldoze a significant part of the remaining forest in the city and construct an urban warfare training center for police officers. The forest, which formerly contained a slave labor camp and then a state farm ran on prisoner labor, has been the site of occupations, sabotage of construction equipment, protests and raids by the police. Recently, the cops murdered an activist staying in the encampment defending the forest, while revolts in downtown Atlanta and confrontations with police at the site of the forest have resulted in arrests and terrorism charges for dozens of activists. The movement has racked up several victories already, including delaying the construction of the training center by several months and driving several contractors off the project entirely. But the struggle continues. At press time, the forest faces clear-cutting for the initial stages of construction.

Background

Atlanta is a rapidly and brutally gentrifying city, with a nominally Black elected leadership but a housing and economic policy that has displaced thousands of lower income New Afrikan residents. Cops have been used to harass New Afrikan tenants out of public housing to facilitate redevelopment, rent has spiked well above the already bloated national average, and the arrival of movie production companies (facilitated by tax breaks and other favors) has been a major motor of gentrification across the city.(1) The elected leadership of the city is in a bind – they have to deliver economic growth and good jobs, and get re-elected by appearing to stand against police brutality and white supremacy, but are constrained by their own commitment to capitalism and inability to confront the real power structure of the city, which, as we will see soon, is mostly unelected.

Like most Amerikan cities, Atlanta saw a weeks-long uprising against the police following the murder of George Floyd in 2020. In Atlanta, also like other Amerikan cities, local cases of police brutality added extra impetus to the protesters and their demands. The murder of Rayshard Brooks in June of 2020 led to a revolt that burned down the Wendys he’d been killed at(2), the resignation of hundreds of police officers and even the trashing of the offices of the state police. Local lumpen organizations saw a temporary truce and occupied the Wendys site with arms against rumors of white militas seeking to march near the site of Rayshard Brooks’ death. In the wake of these and similar events police and correctional forces nationwide are facing difficulties filling their ranks and reeling from their abject failure to contain the disturbances of 2020, when over sixty thousand (3) National Guard troops had to be called out to back them up. The need for Cop City is itself a sign of weakness, paranoia and poor morale of the police force.

The Campaign in the City Council

In 2021, after the rebellion, the Atlanta City Council met in secret to arrange two land deals in the South Forest, the largest expanse of forest remaining in the Metro Atlanta area. One was to give a movie studio CEO, Ryan Milsap, a swathe of public land to bulldoze and build a large movie production studio on. A second was to give another large chunk of land to the Atlanta Police Foundation, a private nonprofit that gathers money from some of the largest businesses in the region and funds policing initiatives. The APF was to construct a mock city out of concrete, similar to U.S. Military urban warfare training sites, to prepare police to prevent another 2020 from happening. (4)

The Atlanta Police Foundation (APF) is interesting all on its own. It’s entirely private, with unclear finances and no accountability to the public. It’s staffed by former national security officers, real estate investors and retired police; and it has enacted several large-scale programs around the city by itself such as building a center for a massive surveillance network across the entire city which allows footage from thousands of cameras the foundation has installed to be reviewed at one location. The APF has also built up a house renovation program that buys cheap real estate in New Afrikan neighborhoods, remodels it and gives it to police recruits to live in. All of this is done with money donated by corporations ranging from Coca Cola (who did drop out of the Foundation after pressure from activists) to Norfolk Southern. To repeat: large capitalist firms are directly funding, with no public oversight, the extension of massive surveillance networks, police colonization of New Afrikan ghettos, and the construction of a training center intended to make cops more proficient at urban warfare.

The APF is best understood not as a slush fund or a shady organization behind the scenes, but as a de facto shadow government that actually runs the city on behalf of a mostly white bourgeoisie.(5)

Activists uncovered the land deals and organized protests and a campaign to persuade the city council to not approve the projects. After months of rallies, lobbying and canvassing, the Atlanta City Council voted in late 2021 to allow the project to proceed. This outcome, which many of the activists involved in the campaign predicted, marked the first defeat for Stop Cop City. The coalition that managed this campaign, DARC (Defund Atlanta Police Department, Refund Communities) dissolved among accusations that the local chapter of the Democratic Socialists of America (DSA) had tried to take over the campaign and use it (and its failure which they banked on) as a recruiting tool. The DSA’s plan was to allow the campaign to fail instead of criticizing it openly, with the hope that its failure would radicalize people into their organization. Commenting on this, a local communist wrote “the notion that working class Atlantans, people who live their entire lives in the trenches of the city’s class war, require a civics lesson to be radicalized is self-evidently chauvinistic.” (6)

The Campaign in the Weelaunee Forest

Parallel to the campaign against the city council and continuing after it had been defeated, a growing and mostly anonymous group of people calling themselves “forest defenders” were ramping up their activity. Some engaged in tree-sits in the forest, others established gardens or engaged in mutual aid projects and free concerts, and others routinely sabotaged construction and surveying equipment preparing the forest for the project.(7)

At one point members of the Muscogee (Creek) tribe from Oklahoma, who lived in the South Forest before being expelled during the 1820’s, returned to the forest, conducted a stomp dance ceremony and shared the forest’s pre-colonial name: Weelaunee.

Several times, crews hired by Ryan Milsap to start demolishing the forest ahead of official permitting were driven out after direct confrontation by forest defenders. Outside the forest, protests against contractors, politicians and business-people involved in the project routinely escalated to vandalism and provoked repression from the police. In one case, a protest in East Atlanta Village was attacked by cops as it was ending, but the heavy-handed tactics of the police resulted in all 17 arrests being dismissed and thousands in restitution paid to those targeted. One of the general contractors of the project, Reeves + Young, dropped out after another direct protest at their officers and after several of their vehicles were sabotaged in the forest. It should be noted that not all interactions between construction workers and the forest defenders were hostile – when crews from the local power company showed up to do maintenance on a line in the forest, they worked around a garden that forest defenders had planted instead of destroying it.

Throughout late 2021 and 2022 this back and forth continued, with coordinated Weeks of Action bringing hundreds of people into the forest and a fluctuating smaller body of activists building and defending the forest in the interim.

Raids and the Murder of Tortuguita

Different police agencies routinely entered the forest and raided it repeatedly. Last May, following a Week of Action, cops came into the forest and smashed up a lot of protest infrastructure that was on the ground. Activists retreated to the trees, continued confronting work crews and burning equipment that was left unguarded at night. A statement issued after one of these incidents read “if you build it we will burn it.” In December of last year another raid resulted in the destruction of more shelters and 6 people were arrested and charged with ‘domestic terrorism.’

On 18 January 2023, a final raid into the forest by officers from the Georgia State Highway Patrol and numerous other police agencies attacked the forest with guns drawn. During the raid a forest defender sitting under a tarp refused orders to get up and leave, and the cops shot em several times at close range, claiming self defense. Eir name was Manuel Paez Teran (nicknamed Tortuguita or Tort), an indigenous anarchist from Venezuela, and ey’d been living in the forest for almost a year helping to coordinate its supply and defense. The cop story, that Tort had fired first from under the tarp and wounded an officer, began to unravel quickly. On body camera footage released weeks later an officer can be heard saying ‘you fucked your own officer up?’ after the shots, implying that the officer who was wounded was shot by his own people. Tort’s autopsy showed bullet wounds through the palms of eir hands, a story more consistent with an encounter killing than a firefight.(8)

Today

The movement is mostly evicted from the forest for now, and initial tree clearing has begun. The murder of Tortuguita, however, has dramatically raised the temperature of the struggle. The City council has already started walking back some of their plans for Cop City, and support for the movement and criticism of Mayor Dickens for being involved in it, has swelled. It’s also important to remember that without the resistance the whole forest would be gone and Cop City would be half-built already.

For Rayshard Brooks, for Tortuguita, and for victims of poverty and police violence in Atlanta whose names we know and those we don’t, we say Stop Cop City.

^{NOTES:
(1) Cde. KM Cascia “The White Left is Building Cop City” March 2, 2023.
(2) Greyhound, “On the Tragic Death of Secoriea Turner” July 2020.
(3) Alexandra Sternlicht, “Over 4,400 Arrests, 62,000 National Guard Troops Deployed: George Floyd Protests By The Numbers”.
(4) Crimethinc, “The City in the Forest: Reinventing Resistance for an Age of Climate Crisis and Police Militarization” Crimethinc, April 11, 2022. Background for the struggle aginst Cop City comes from this zine unless otherwise noted.
(5) Cascia, “The White Left Is Building Cop City”
(6) Ibid.
(7) Crimethinc, “The Forest in the City: Two Years of Forest Defense in Atlanta, Georgia” February 22, 2023. All info in this section comes from this zine unless otherwise noted.
(8) Alex Binder, “Manuel ‘Tortuguita’ Terán’s Independent Autopsy Report Released at Press Conference” March 13, 2023.}

On 7 March 2023, China’s new foreign minister Qin Gang, in his first public appearance, delivered denouncements and warnings that “conflict and confrontation” with the United $tates is inevitable if the U.$. imperialists do not change their course.(1) Before becoming China’s new foreign minister, Qin Gang was an ambassador to the United $tates known for eir non-confrontational and diplomatic approaches to eir job.(2) This new public statement marks a clear shift in tone from the diplomatic and cautious reputation that Qin has built as eir time as ambassador. On the National People’s Congress in Beijing, Qin has said the following:

“If the United States does not hit the brakes, but continues to speed down the wrong path, no amount of guardrails can prevent derailing, and there will surely be conflict and confrontation.”(3)

Alongside these comments, Qin has condemned the “Indo-Pacific Strategy” of the United $tates which ey claims is sparking discourse and a new cold war in Asia and seeks the containment of China as a country.

One day after, on 8 March 2023, U.$. ambassador to Japan Rahm Emanuel made a response to Qin’s claims that China should not be surprised at all that Washington and its allies are deepening military ties in reaction to China’s aggression:

“You look at India, you look at the Philippines, you look at Australia, you look at the United States, Canada or Japan. They [China] have had in just the last three months a military or some type of confrontation with every country. And then they’re shocked that countries are taking their own steps for deterrence to protect themselves. What did they think they were going to do?”(4)

Emanuel responded to Qin’s claims that the Amerikans’ Indo-Pacific strategy is not in fact containment of China but a “deterrence” of China’s aggression in the previous months. In the past three months, Chinese ships harassed the Filipino navy;(5) conducted military drills near Taiwan and fired missiles (those missiles landed on Japan’s territorial waters);(6) and have had border skirmishes in the Himalayas with India.(7)

The Indo-Pacific Strategy of the U.$. imperialists

The Indo-Pacific strategy of the United $tates was a particular target of Foreign Minister Qin’s condemnations. The Indo-Pacific strategy is a political-economic program launched by the Biden administration which has highlighted the economic importance of the region of Northeast Asia, Southeast Asia, South Asia, and the Pacific. In the program, the U.$. imperialists also highlight the “aggressive forces” of the Indo-Pacific region – namely China and the DPRK – which the program claims furthers destabilization.(8)

“The United States is an Indo-Pacific power. The region, stretching from our Pacific coastline to the Indian Ocean, is home to more than half of the world’s people, nearly two-thirds of the world’s economy, and seven of the world’s largest militaries. More members of the U.S. military are based in the region than in any other outside the United States. It supports more than three million American jobs and is the source of nearly $900 billion in foreign direct investment in the United States. In the years ahead, as the region drives as much as two-thirds of global economic growth, its influence will only grow—as will its importance to the United States.” - The Indo-Pacific’s Promise (The Indo-Pacific Strategy of the United States, February 2022). (9)

This pamphlet of the U.$. imperialists lays a clear plan for the shape of things to come. The question is whether the U.$. imperialism can defeat rising new star Chinese social-imperialism who is also looking to pierce their fangs into the region.

Qin Gang has made the claim that this strategy of the United $tates is the Southeast Asian version of the NATO; asserting China’s position parallel to that of the USSR and the countries of India, Japan, South Korea, and Australia as the NATO alliance which plays the part of Western Europe.

We see these particular trends among today’s big imperialist powers as incredibly worrying due to the similarities to the political-economic contradictions among the imperialist forces of the early twentieth century, which resulted in the first World War.

One difference/advantage that Amerikkka always will have over China or Russia is battle hardened experience. The Amerikkkan empire have been at war (against other imperialist powers during the two world wars and against colonies fighting for self-determination alike) for nearly all of the 20th century. While China and Russia have had some military conflicts with other nations during their post-socialist capitalist restoration era (namely in Southeast Asia and Eastern Europe respectively) these little post-capitalist restoration wars are nowhere near the level of experience the United $tates have had against Nazi Germany, Korea, Vietnam, Iraq, Syria, and Afghanistan. Cracking down on Chechnyan “terrorist” cells in Eastern Europe by the Russian Armed Forces, or beating up revolting farmers/ethnic minorities on the countryside by the so-called “People’s Liberation Army” is a cakewalk compared to the genocidal wars Amerika waged throughout the 20th century.

Saber Rattlings in Taiwan

After Taiwan’s president Tsai Ing-Wen met with U.$. house of representative speaker Kevin McCarthy, the so-called “People’s Liberation Army” of China began conducting military drills in Taiwan waters.

Taiwan’s modern history began with the losers of the civil war in China. The Kuomintang (the nationalist party - KMT) of China fled from the people’s wrath and the Communist Party of China (CPC), which had overthrown the KMT’s bourgeois dictatorship, replacing it with a proletarian one. The KMT fugitives have massacred the indigenous people of Taiwan, and began the nation building project sponsored by U.$. imperialism. For many years Taiwan actually held the legitimate position recognized by the international community as “real” China. With the restoration of capitalism in China, the KMT of Taiwan actually seeks to cozy up to the social-imperialist CCP and takes a “moderate” stance on Taiwan independence affirming that Taiwan is still Chinese while the Taiwanese nationalists of the pan-green alliance and the Democratic Progressive Party take a more harder stance on Taiwanese national identity.

After president Tsai Ing-Wen’s meeting with the U.$. imperialists in Los Angeles, China began a 3 day long military exercises on the doorsteps of Taiwan. With precision air strikes designed to intimidate the Taiwanese government, and a naval blockade, the so-called PLA have certainly flexed their muscles on the front. (10)

The official statement from the Chinese military reads as follows:

“The theater’s troops are ready to fight at all times and can fight at any time to resolutely smash any form of ‘Taiwan independence’ and foreign interference attempts.” (11)

On 10 April 2022, Taiwan detected 91 flights by Chinese bombers as well as multiple fighter jets. (12)

Capitalism-Imperialism Makes Inter-Imperialist Conflicts Inevitable

The Indo-Pacific strategy recognizes the economic importance that the region of Southeast Asia and the Pacific holds not only for the United $tates but also for the imperial core overall. China also recognizes this. Under capitalism, where labor in itself is a commodity, the cheap labor and the immense surplus value that the world imperialist system plunders from Southeast Asia is invaluable to China as a new rising imperialist power.

Qin Gang proclaimed warnings that the actions of the U.$. imperialists will cause a new cold war. We at MIM(Prisons) say that the social-imperialist forces of China and the United $tates are creating the precedence for a new world war as the nature of capitalism-imperialism makes it inevitable for the great imperialist powers to eventually battle over and reorganize their respective neo-colonial turfs/territories.(13)

If fascism arrives in the United $tates, then the communists and the revolutionaries will have their duties and work to do just like always. If inter-imperialist conflict breaks out and a new world war enters in our world, then we will have our duties and work to do to as well. The nihilism of impending crisis is common here in the belly of the beast. But Marxists recognize these developments as the inevitable playing out of the inherent contradictions of the capitalist system. Periods of great conflict are when qualitative transformations happen, and this is a good thing. It is our role to understand these changes so that we can move things in the interests of the world’s majority.

<sup>NOTES: 1. Nectar Gan, 8 March 2023, China’s new foreign minister warns of conflict with US, defends Russia ties, CNN.
2. Ibid.
3. Ibid.
4. Brad Lendon, Marc Stewart, 8 March 2023, Exclusive: China’s ‘attacks’ unite region against Beijing, US ambassador to Japan says, CNN.
5. Brad Lendon, 13 February 2023 2022, Philippine Coast Guard says Chinese ship aimed laser at one of its vessels, CNN.
6. Brad Lendon, 4 August 2022, China fires missiles near Taiwan in live-fire drills as PLA encircles island, CNN.
7. Ibid.
8. The White House Washington, 24 September 2021, Indo-Pacific Strategy of the United States.
9. Ibid.
10. Ben Blanchard Yimou Lee, 10 April 2023, China ends Taiwan drills after practicing blockades, precision strikes, Reuters.
11. Ibid.
12. Huizhong Wu, 10 April 2023, China military ‘ready to fight’ after drills near Taiwan, ABC.
13. Wiawimawo, February 2018, China’s Role in Increasing Inter-Imperialist Rivalries, Under Lock & Key No. 60.</sup>

16 March 2023 – Here at Eastern Correctional Institution (ECI), we have implemented the below program. We turned in over 200 copies to the Governor of Maryland, state delegates and senators. We also sent copies to the Commissioner of Corrections and the Warden. We are still sending copies out on the compound to have brothers do their part.

We have been met with a few obstacles but we still are struggling against intel (they’re like Prison FBI, Gang Task Force, etc.), they started going in to cells searching for these papers. They even complemented the organization for our resistance (even though they’re trying to lock us up). After the people heard about intel and their continued and increased oppression some brothers got discouraged and actually returned some of the copies. It broke my heart to see such cowardice in men. But the sacrifices of those that came before us motivates me to keep pushing.

I want to thank MIM and all the comrades involved with MIM that helped me learn from the materialist method. This form of resistance I took was a page out of MIM’s book and I appreciate it. But what we need here at ECI for there to be change is outside support. So if you comrades are reading this or are listening. Please contact these numbers and write these addresses in order to bring about change more quickly.

We Request

We the incarcerated citizens of ECI feel we are not being treated as we should and we want change. Incarcerated yes, but we are still human beings. The conditions we are forced to live in are inadequate to say the least. The opportunity for rehabilitation is insufficient and because this is the case recidivism seems inevitable. As such, a place built on the pretense of rehabilitation becomes a concentration camp. It becomes a place where people are waiting to die. Our recreation has been reduced, our visits have been reduced and our meals have gotten worse. Along with these there are many more things we want changed, but here below we highlight the ones we deem most important.

We request access to college education along with training in trades that will serve us when we return to society. We also ask that proper tutoring be provided to those that struggle in certain subjects. It must be understood that lack of education played a major role in our bad decision making that lead us to prison, so it only make sense that education play a role in our rehabilitation.

We want jobs for all able-bodied incarcerated citizens. We also ask that we be paid minimum wage for these jobs. Please understand that many of us were the sole provider for our family, so to not grant us this request may result in our family turning to criminal activity to pay bills out of desperation.

We want programs that address our individual needs. For we understand that every incarcerated citizen isn’t locked up for the same crime. Therefore we believe each individual should be programmed off his individual crime and sentence. This is the only way to properly rehabilitate us.

We ask for faster response to our sick calls. Every time we are told to put a sick call in by the time we get called for it, the issue is worse off or it has spread. We are asking for a switch in medical protocol. By this we mean to proper test to be ran based off the patient’s feeling. The issue may need an X-ray or MRI. These things should not wait until the problem worsens in order to carry out these minor procedures. We demand that our health issues to be paid close attention to because the lack of attention may result in an unnecessary death of an incarcerated citizen.

We want proper psycho analysis to be done on each incarcerated citizen in order to understand his actual mental problems. For we understand that our actions are a result of our mental workings so if we act in a manner that is unfitting it is the result of our brain work. We do not wish to be doped up on psych meds that will only have us ‘Zombified’. We want actual treatment that will identify our problems so we can work on them. We understand that therapy is important to health and to deny us this tool is to deny us our right to be healthy.

Our sanitation time is not enough to thoroughly clean the tiers the way that is needed. Our showers contain black mold and no matter the day our tier is not fully clean. This is not the workers fault it is because the shortage of time. What we want is an extended time period for sanitation workers, an increase in sanitation workers. And to do so by hiring workers from that tier. This we understand is a matter of health and not to address this matter is to disregard the health of the incarcerated citizens of ECI.

We demand more than one wash day out of the week. We shower everyday but do not possess the amount of clothes we need to sustain good hygiene throughout the week without washing our clothes more than one time. We want C-shift laundry men to be hired to do the workers clothes so that they won’t be in the way of general population’s clothes. Also we want weekend wash days to be added. We are asking for soap and soap powder to be distributed weekly to those who need it. We understand that there is a such thing as welfare commissary that will provide these things but to meet the qualifications one must show proof of no income for months in order to receive these benefits when the effects of not showering or washing are immediate.

We request mixed recreation; top and bottom together. The separation limits our yard and gym access to only 3 times a week. Along with this limitation is an extended period of time where we have to sit in the cell dirty. By this I mean if we choose to participate in all 3 days of gym/yard there will be a day where we are either last or first and the top will have second rec. So that will mean that we will have to wait a minimum of 6 hours and 30 minutes before we shower depending on what yard we have. This in turn will limit our gym/yard to 2 days if we don’t want to sit in the cell dirty. Not to mention the negative health effects from sitting in the cell for that long without a shower. (Example: people breaking out into rashes).

We demand that in person visits be once a week. This will increase our opportunities to see our families. The majority of us cannot get our families to make the trip without scheduling a day around it because of the 4 hour journey it takes to get to ECI. Increasing the visit to once a week will increase our family’s availability. We also ask that for those families that are 4 hours away be given an extended visit of 2 hours. Lastly we ask that the process to acquire visitation be less difficult for us and our families. Being able to see our loved ones is vital to our mental health and it plays a major role in the way we act.

We request that our menu be changed to food we deem desirable. We want food that free people would eat. Fresh food that’s nutritious. We are also asking for portions fit for grown men, because the time in which we eat and the quantity of food we eat leaves us hungry waiting for the next meal. So we request a change.

The kitchen is infested with roaches and mice that leave urine and feces all over the place. And because of this we demand that pest control come once a week until we have a pest free kitchen. There should be no reason this kitchen pass inspection with this infestation. As such we demand change.

We request that our grievances be dealt with separate from the state prison administration. We believe that our grievances are being swept under the rug and disregarded at times. As a result of this we don’t trust the administration. So we ask that our grievances be handled by an outside non-profit civil rights organization.

We request that the maintenance of our housing units be maintained. There are times our sink or toilet may leak, or it may not work at all in the cell. And with these incidents there are too many times we have requested for things like that to be fixed and it would take weeks. Understanding these small things can tum into large things through the accumulation of bacteria and mold etc. we request that four men in each housing unit get trained in the field of plumbing and maintenance in order to maintain livable conditions for the incarcerated citizens.

We the incarcerated citizens conclude this request list asking one more question, “would you want to be housed under these conditions?” We want change because we want to change. Help us change. Thank you for your consideration.

The California Department of Corrections and Rehabilitation (CDCR) has officially converted the Richard J. Donovan Correctional Facility (RJDCF) into the Department of Crime, Corruption, and Racketeering (DCCR) where newly appointed Warden James Hills is at the helm.

On 27 March 2023, the RJDCF DCCR head wrote:

“Effective March 27, 2023, due to increase in levels of violence (2 attempted murders) with significant contraband finds (37 weapons, 27 on person and 10 uncontrolled). There have been 3 deaths on Facility C inmates due to illicit drug activity and 37 documented administrations of narcan. Institutional program shall be modified pending completion of essential searches”

This was used to implement an institutional lockdown masked behind modified program.

Behind this arbitrary contention, however, is an attempt to protect the overall image of CDCR and to continue to hide facts from the public that, the illicit drug activity in question is, and has been for many years now, actually an illicit drug operation orchestrated and maintained by those employed to work here inside RJDCF.

Despite clearly identifying inmates imposing violence, possessing weapons, and requiring the administration of narcan due to repeated drug overdose, no effective methods have been able to control or even minimize the illicit drug usage and operation because it is all by careful design. The extent of such design is now so widespread that it directly impacts those like me who don’t use, sell, or otherwise have no interest in such. It gives the illicit drug trade here, and it’s many members, direct control over not just me, but more so, my access to mental health and rehabilitative programs, services, and treatments.

To divert attention away from the fact that CDCR headquarter’s officials have put those like me at risk by willful blindness, in allowing employees they hired to work inside RJDCF, to infiltrate the institution, flooding all five of its facilities with an array of fentanyl-laced drugs, prisoners and our families who sacrifice to maintain visiting with us, are the patsies.

We are locked down for search by some of the very employees responsible for this illicit drug operation, restricted in movement to suffer the harmful effects from prolonged confinement in isolated, vexed and annoyed from constant exploitation, and hindered in our mental, emotional, and rehabilitative prosperity because of a debauch penal institution which causes more harm than help.

Instead of pumping millions of tax dollars into RJDCF to continue to enable this illicit drug ring, consider efforts to close down this cesspool. Or infiltrate the infiltration with federal undercover agents in disguise as CDCR employees, or even inmates for that matter. Otherwise these illicit drug operators will continue to be allowed by CDCR to profit from criminal enterprise while holding us all under siege, while hide behind the color of state law, and prove to all the world that crime does pay, but only if you’re a CDCR employee.

MIM(Prisons) adds: We must build independent institutions of the oppressed to meet the oppressed masses needs of rehabilitation. Programs like our political correspondence study program, Revolutionary 12 Steps program and Re-Lease on Life program are some examples of such institutions that we need your help to build. This comrade is correct that more action is needed to counter the state-sponsored drug trade plaguing prison systems across the United $tates as well.

Mental Health Infirmary (MHI) is a joke. As far as I’ve seen, it doesn’t work and has never worked. It’s basically a psychological torture chamber, with minimal physical torture, where we have to “earn” back all of our property privileges, rights, etc. through their unconstitutional “incentive” program. In sum, they’re punishing us for being mentally ill and they think that their punishment is what we need to cure us, even though these “punishments” are what made me crazy to begin with.

Most of these other prisoners are too far gone to be able to take any worthwhile actions against all the abuse they endure (and none of them have legal knowledge into shit like this, which places legal burden on me). I must add that the conditions here in MHI are still not quite as bad as the unconstitutional conditions that I endured in another state, but the conditions are very similar. At least the Oregon Department of Corrections (ODC) has some type of program in place to make some kind of effort to try to help people with mental illnesses, because most southern prisons don’t. I doubt that all the ODC administration here has any deliberate intentions to “torture” us (as we are being slightly tortured in MHI. After all, solitary confinement, in itself, is a form of torture, especially, when applied to the mentally ill). I think it’s mostly unintentional and that they ultimately have good intentions behind runnin’ MHI. And I say this because I know what it looks like for prison staff to deliberately torture prisoners and that’s not exactly what’s goin’ on in MHI. I just think that the ODC Administration isn’t as smart as us Maoists, when it comes to psychological treatment, criminal justice, etc. And I also don’t think they’ve been sued in federal court by somebody who knows what’s illegal in prison and what’s not. I’m gonna try to talk to their higher ups first before I go through with the lawsuits, to see if we can compromise towards a solution.

Another thing that I’ve concluded is that a lot of these prison psychologists wasted a lot of time and money on Amerikan college degrees, due to the fact that in spite of their presence in the lives of the mentally ill, they haven’t even put a dent in reducing mental illnesses amongst the masses. And now they’re wasting our time and money (money that lines their pockets) by subjecting us (sometimes by force) to their care and services, which obviously don’t work. They don’t understand the fact that only by ending oppression through socialism / communism, can we reduce mental illnesses at a significant rate and in a qualitative way (communism being the end of oppression). Oppression, and all of the traumas that come with it, causes and fuels mental illness. It’s the imperialist/capitalist society itself that is causing mass plagues of mental illness. The problem is more political then psychological. Their society is to blame for my personal mental illnesses – so I’m living proof of these facts. And their society has yet to cure me of my mental illnesses. Raising my political consciousness has had much more of a positive impact upon my mental stability. I learned this thanks to MIM Theory #9.

Life is about growth and change. A constant change is needed, or even the small pleasures that we enjoy begin to lose their excitement. Even though I don’t agree with a lot of changes, well the ones that aren’t progressive or geared to help us go forward, I still understand that their presence is needed. You see, revolution as a necessity only begins to make sense to those who have the keen insight into atrocities that make revolution a necessity. The problem we encounter is communicating this to the overwhelming majority, and those people are willing and even oftentimes unwilling participants in the progression of the things that make revolution truly a necessity.

The problem is also in how revolution is perceived. Most people equate civil disorder, small riotous acts such as killing police, kidnapping government officials etc. as the revolution itself and this is not the case. Revolution is all about complete change of society as a whole – a violent overthrow of a class dictatorship by another. In some ways, many small revolutions take place each day, but they are not what we need to move forward in good shape. Revolutionary change, to mean anything, must start with the individuals changing themselves. Without that sort of progressive conduct we cannot begin to show others the benefits of our ideals.

Another problem is that the revolution has been hijacked by non-progressive puppets who act under the guise of a revolutionary progressive apparatus. This is much like what deteriorated the power of our progressive leaders of the yesteryears. The new left of the 1960s mislead the Black Panther Party. They encouraged the Panthers to miscalculate revolutionary steps and also by convincing the Panthers that they alone were the vanguard party placed too heavy a burden on its members causing them to make mistakes and also going against the central tenant of communism – from each according to ability and to each according to its needs. Another issue was that their support was only monetary and as Malcolm advised us before

“money brings advice. Since it’s their money that will eventually carry our movement, it’s their advice we will be listening to. Eventually a Black group will end up having a white brain controlling it.”

So the Panthers became the puppet group of the new left, while those who truly waged the battle sat back and got a lot of beautiful brothers and sisters killed and in the end they withdrew their support. A similar thing is occurring now, only this time, since revolution has taken on a new character tone, message, and the leaders appear more dressed up and cute rather than the rugged edge that was characteristic of the yesteryears’ soldiers, the picture has become even more foggy and harder to slice through the deception of Oligarchs.

Another problem is that we don’t own the media outlets, newspaper firms, or even the schools that teach us the absurd and outrageous lies that pacify the brain and hinder revolution. Affirmative action helped us to send more and more blacks to college and to create HBCUs (historically black colleges/universities). But the more educated we become the more dangerous we become, and so even more efforts to conceal the truth have been created.

Basically what I’m leading up to is the fact that as revolutionaries – whether cultural, economic or spiritualist – there is so much work to do. If we let those whose political economic interests do not match ours at the bottom of the rung continue to tell us how best to revolt or change the world then we will continue to lose. What they are really doing is letting the powers that be know how we are coming that way all efforts to forestall our movement will happen before we get to make our moves. The people who have advised us before sometimes become our enemies as well. Why do you think Elijah Muhammad was so adamant about “his” ministers not saying anything about JFK? It was because those same people he called the devil is who financed his program. So he allowed Malcolm to say what he said with no warning (even though he advised all other ministers), that way Malcolm’s fall from grace was ensured.

Even this newspaper Under Lock & Key doesn’t escape scrutiny. There is no published material that is anti-government that escapes censorship. So how big is your commitment to change? Because a lot of what is published as it relates to issues pertaining to Blacks and “our place” in revolution, or how we are “supposed” to move forward seems like the same advice by the new left to the Panthers. Am I making an indictment? No, however, being as aware as I am and considering how aware you are supposed to be, I must wonder if your commitment is sincere. Especially since we are in the belly of the beast and could suffer the same fate as our fallen comrade George Jackson under the same pretextual designs by each state to prevent the disciplined practice of revolution.

As a show of your commitment, since I’m questioning it, I would like this to be printed, not to offend you but to ask brothers and sisters to question their own sincerity as well. If our commitment is not cemented by the events that we must actually change, then we are letting people co-opt our direction and that cannot happen unless they can prove with facts that their direction is more beneficial and helpful. But if that were the case wouldn’t we be a lot more further on that issue and all issues in general?

Galaxy Ruler Universal Sole Controller Allah

MIM(Prisons) responds: We agree with this comrade about the central role played by funding sources in the path (and splitting) of the Black Panther Party for Self-Defense (BPP). And it is fair to say we have not offered a concrete solution to this. The Panthers raised funds from the masses by selling their newspaper and doing other fundraisers, as do we. The Panthers also got funds and resources from local businesses as they asserted political power in areas like Oakland. It was largely the legal repression of the state that pushed the Panthers to start branching out into their fundraising efforts among wealthy Amerikan celebrities and such.

In practice the BPP was the vanguard of its day, with other oppressed nation formations trying to follow suit and white student/youth groups offering support. The BPP correctly encouraged similar formations and leadership to develop for other nations in the United $tates. Yet there did develop a line that the Black revolution here on occupied Turtle Island is the vanguard of the revolution globally, a line some promote to this day. While the oppressed of the world understandably put great hope in this internal force for revolution in the belly of the beast, we understand today that revolution comes from the periphery and works its way to the core. A successful revolution from within the United $tates is conceivable, but not before many successful revolutions elsewhere bring the socialist camp to a point of strength in the world again. The BPP itself reached its peak in part due to international alliances that cooled as struggle against the United $tates cooled internationally.

We also agree with this comrade that it is healthy to question the sincerity of MIM(Prisons) and whoever you choose to work with. Not to the point of paralysis, that it prevents you from working with others. But the only way we will succeed in offering effective leadership is if we receive thoughtful critique from an educated populace. That is why we are always attempting to teach how to think along with what to think. The bigger problem we have today is that there is no revolutionary leadership recruiting mass followings. People aren’t being misdirected by the funding of revolutionary organizations, they’re being misdirected by the funding of non-profits and social media platforms. At its peak, the BPP had an operating budget over $9 million in 2023 dollars(1), but even that would be nothing for the imperialists to double. Not to mention the measly MIM(Prisons) budget. Therefore, the need to address the risk described by this comrade is real and important in the longer term.

Are we sincere? committed? Hell yeah! But intentions are only a starting point. The only real measure is effectiveness. And effectiveness is no easy measure either. In our underdeveloped conditions it’d be easy to say that nothing is effective, which is why we must study other times and places to learn what effectiveness looks like and how to achieve it. The BPP of 1968 was looking pretty effective, but they did ultimately fail. “How much of that was avoidable?” and “how could it have been avoided?” are the key questions for us to attempt to answer. These are questions this comrade’s letter brings to the fore.

In another letter this comrade says we must ensure people are not committed merely to advance their own careers. We agree, and we do have an answer to that, which is anonymity. We intentionally discourage the promotion of cults of persynality, we even try to prevent people from publicly taking credit for the things they’ve done as individuals. We are one body, that takes credit for what we do as a body, and we struggle to prevent splits and offshoots.

<sup>Notes:
1. Joshua Bloom and Waldo Martin, 2013, Black Against Empire: The History and Politics of the Black Panther Party, University of California Press: Berkeley, p. 392. and https://www.in2013dollars.com/us/inflation/1970?amount=1200000
2. get our study pack “Defend the Legacy of the Black Panther Party 50th Anniversary Edition” for $6 stamps or cash or work trade for more analysis of the BPP</sup>

For many months we’ve been hearing some grumblings from our readers about sky-rocketing commissary prices. Last issue we put out a call for more reports on this price inflation. But this inflation is not unique to prisons, and in recent weeks we’ve seen its impacts on the imperialists with a number of banks in the United $tates and Switzerland failing.

The cycles of boom and bust, which lead to instability, are inherent to capitalism and how it works. While the imperialists have adapted in many ways to keep things going, they can never solve these problems or prevent these cycles.

Commissary prices

One comrade wrote in to report on the different pay rates in Pennsylvania prisons ranging from 19 cents to 51 cents per hour. Ey wrote to say,

“since the prices of commissary has gone up due to inflation I think that all prisoners with jobs should be given pay rate raises to help with the new higher costs of living in the prison population. It is much harder to keep up with the financial strain. …I know that out in society whenever the cost of living goes up due to inflation so does our income and of course I am referring to low-income people – people on Social Security Income (SSI) or Social Security(SS) or struggling on Welfare. Well in prisons we don’t make anywhere near what is made on SSI or SS or even Welfare for that matter.”

A comrade from Utah wrote:

"At the beginning of the Covid-19 crisis President Trump warned us against price gouging but that never stopped the jail system. The criminal injustice system put people in jail for stealing but then they turn around and steal from the same people they accuse of stealing. County jails are full of homeless people, drug addicts and indigent people who have limited means or no family or friend to help provide those means, yet the canteen prices for commissary are outrageous. These same products can be bought at the Dollar store.

"For example, items such as V05 shampoo, which you can purchase at the dollar store for $1.25, commissary price is $3.99. One ramen noodle can be purchased for $0.25 at the store, will cost you $1.19 in commissary. Also a 10 pack of SweetNLow costs $0.99. For generic denture glue it’s $7 in commissary compared to $1.25 at the Dollar store. The list goes on and on. Is that not price gouging?

“Prisoners are forced to accept it. They have no choice. They have to pay it or go without. Hygiene and medications they desperately need. My question to you – how do we change this and stop jails from stealing from prisoners?”

Price gouging or extortion is common in U.$. prisons where the state allows private companies to come in and prey on prisoners and their families with legally enforce monopoly pricing systems.

A comrade in New York responded to our call with some of the price increases seen there since July 2022.

Most price increases in New York seemed to be in the 10 to 20% range. As a member of the Incarcerated Individual Liaison Committee, this comrade wrote the Deputy Superintendent about the troubles they were having with getting items on the commissary list. They responded in September 2022,

“The commissary contract allows the vendor to bid items and the price is allowed to rise (or fall) based on the real world. They are not required to lose money. Our stocking situation reflects the real world supply chain issues and inflation.”

The comrade told us,

“the New York Department of Corrections and Community Supervision has raised the commissary buy limit from $75.00 to $90.00 to compensate for the inflation and changes to the package from home/vendor program that was implemented last year (2022).”

Unlike in the free world, not only do prisoners face limits on how much they can earn but also on how much they can spend.

Inflation is Real

Above, the NYSDOCS refers to the “real world” as being the cause of the rising prices in commissary. The fact of the matter is that inflation rates in the United $tates have been higher than we’ve seen in many decades for everyone. The Consumer Price Index (CPI) in December 2021 had increased 7% year-over-year, and in December 2022 it was 6.5%. That means over two years the inflation rate is around 15% for all consumer goods. In this context, the price increases in New York commissaries look pretty typical for the economy overall. That does not mean that this is inevitable, it is only inevitable in the type of economy we live in.

And it is only if we are slaves to the capitalist market forces that we must accept these price increases on necessities for some of the poorest people in this country. Even capitalist countries use subsidies to alter the market.

Socialist China had no inflation

The Communist Party of China seized state power in 1949 after over two decades of people’s war waged against the imperialists and their Chinese lackies among the comprador bourgeoisie and landlord classes. Immediately following liberation there were speculators

“still trying to manipulate prices and stirring up waves in the economy… who ignored the repeated warnings of the People’s Government, gold and silver prices kept soaring, pushing up all other prices. So on 10 June 1949 the Stock Exchange – that centre of crime located in downtown Shanghai – was ordered to close down and 238 leading speculators were arrested and indicted. The 1,800 gold and silver coin peddlers were released on the spot after being enjoined to lead a more honest life. At one stroke, the headquarters of speculation vanished forever from Shanghai.”(1)

Unfortunately that last statement proved untrue, as the Shanghai Stock Exchange was re-established on 26 November 1990, following over a decade of capitalist restoration in China.(2) This is why China has it’s own economic woes today. But for a quarter century, China had no inflation.

During the socialist period of 1949-1976, the Communist Party never resorted to bank-note issue as a solution for fiscal problems, relying on raising production and practicing economy instead.(3) This remained true through the Korean War and periods of famine in the 1950s.(4) During the Covid-19 lockdown period the capitalist economy suffered greatly because it cannot adapt to decreases in production. The solution in the imperialist countries was for central banks to print a lot of money and give it to the capitalists as well as their labor aristocracy, to keep consumption up and prevent economic collapse. The solution to the bank collapses in recent weeks has been similar, providing more liquidity from the U.$. Federal Reserve on loan to banks that can’t cover their balance sheets.

The communist approach in China was the opposite. Rather than putting as much money out into the world as needed, and encouraging banks to loan more than they have, the Communist Party forced banks to hold most of their currency, forced agencies to keep most of their money in the banks and prohibited securities, bonds, precious metal trade and foreign currency. Remember, mortgage-backed securities were at the center of the last recession in 2008. Today we are seeing a similar crisis in high-risk loans for automobiles in the United $tates that happened for home loans in 2008.

Bond prices are at the heart of the collapse of Silicon Valley Bank and others. Socialist China didn’t issue bonds, because they didn’t take on federal debt.

Prior to liberation, in 1935-37, the Chinese currency was pegged to the USD. As a result, when inflation spiked in the United $tates, that inflation was amplified in China. In ULK 79 we discussed the current inflation crisis in Ghana. Because Ghana does not control its currency and does not keep out foreign currency and speculators, their currency (the Cedi) is manipulated by the imperialists. This is true across the Third World, where inflation will continue to be felt much more harshly than it is for us here in the belly of the beast.

The other problem in countries like Ghana is the foreign debt. Inflation is playing a big role here, as the USD becomes more expensive compared to local currencies, larger and larger portions of the money supplies in exploited countries are going to pay the same interest rates on loans from the imperialists. Debt forgiveness in these countries needs to occur to protect the lives of millions threatened with starvation today.

According to the World Food Program, “An expected 345.2 million people [are] projected to be food insecure in 2023 – more than double the number in 2020.”(5) The recent increase in famine is mainly in the poorest, exploited countries, and triggered by a combination of inflation, war and climate change.

We know there is enough food in the world to feed everyone. The problem is capitalism cannot be efficient enough to distribute it to places where super-exploitation occurs. And super-exploitation is necessary to maintain profit rates. Without positive profit rates, capitalism grinds to a halt.

When socialist China had actual shortages in essentials, they would ration them instead of increasing prices and making the problem worse. Then they would focus on increasing production of those essentials (rather than decreasing production like the capitalists do when there’s no profits to be had).(6) Contrast this with prisoners (and everyone else) in the United $tates who are now paying higher prices for food and other essentials because the commissary is operated on the capitalist market. The anarchy of production under capitalism means we constantly have too much or too little of various goods as individuals decide what to produce based on their own profit interests. And this is particularly noticeable when the economy starts to slow down or shows volatility as it has been lately.

Socialist China focused on production to manage and drive the economy, whereas imperialist United $tates focuses on money supply to do so. In socialist China the banks were merely a tool to manage and allocate resources to manage production for the people’s needs.

Why Banks are failing

As mentioned above, Silicon Valley Bank (SVB) had a big problem due to the value of its federal bonds dropping in value. They had bought the bonds when interest rates were much lower, so as the Fed continues to increase interest rates these old bonds drop in value. They cannot cash in the bonds until their term is due and they can only sell them at a loss. Some big players began pulling their money out of the bank, perhaps related to this knowledge. Soon SVB could not cover the deposits they owed people. The U.$. government has stepped in to cover it, and now the FDIC is covering infinite deposits if your bank fails, instead of the previous limit of $250,000. This is another sign of the willingness of the imperialists to throw newly printed cash at the problem.

One interesting point here is that federal bonds are a “safe” investment. SVB didn’t fail because of garbage mortgage-backed securities as happened in 2008. So the financial system is failing firms that play it safe this time around. In addition, according to the FDIC, SVB was not in the worst situation.(7) In other words, other banks in the United $tates have worse balance sheets than SVB and will fail if there is a run on their money. “The total unrealised losses sitting on the books of all banks is currently $620bn, or 2.7% of US GDP.”(7)

The biggest failure this year, at the time of this writing, was the 165 year-old bank Credit Suisse. Meanwhile the market is jittery around many large imperialist banks with stock prices seeing big dips and credit default swaps (CDS) spiking in price. CDSs going up means other institutions are not confident these banks can pay off their debts and are charging more to insure bonds from these banks. The differing interests of these major financial institutions are beginning to show on the markets as they bet against each other.

Conclusion

Prisoners are on some of the most fixed budgets of any population in this country. In order to get their basic needs related to nutrition, hygiene and outside contact, prisons need to increase pay rates and limits on how much money prisoners can spend and receive from the outside. In some states these reforms have already occurred, and this is in the interests of the commissary companies, which the prison systems want to keep satisfied.

The solution to the bigger economic contradictions playing out now is obviously replacing capitalism with socialism. The report from socialist China cited above succinctly explains why this is the case. Capitalism doesn’t just put profit over the need of people and life on this planet, capitalism actually requires profit to function. When profits dry up, as we’re seeing some evidence of right now, capitalism can’t produce what people need. Of course, we’re also seeing various forms of state intervention to ensure that this does not happen by providing more money and creating profitable situations using the central banks. But these contradictions continue to exist, and different interests are acting in anarchic ways, so that state intervention cannot always work as it does in a socialist economy.

<sup>Notes:
1. Peng Kuang-hsi, 1976, Why China Has No Inflation, Foreign Languages Press:Peking, p.23-24.
2. https://en.wikipedia.org/wiki/Shanghai_Stock_Exchange
3. Peng, p.28.
4. Peng, p.30.
5. World Food Programme, “2023: Another Year of Extreme Jeopardy for those Struggling to Feed their Families.”
6. Peng, p.37
7. Michael Roberts, 21 March 2023, “Bank Busts and Regulation”, The Next Recession.</sup>

The Bay Area is the latest site of Our all out legal war against digital-mail prison profiteer Smart Communications. San Mateo County, located on the peninsula between San Francisco and San Jose, instituted the MailGuard system used by Florida-based Smart Communications in late 2021 in its county jail. The county had the second lawsuit to date brought against it for its use of the system. The first was filed last fall, which alleged (validly I’m sure) exposure of private communications between attorneys and their clients to correctional guards.

The new lawsuit filed last week by an extremely influential legal coalition including the Electronic Frontier Foundation, Social Justice Legal Foundation and Columbia University’s Knight First Amendment Institute aims to get a judge to declare the mail system has violated its subjects’ First and Fourth Amendment rights. Ultimately the aim is to order the county to stop using it and purge all retained electronic mail records. Record requests by San Jose-based civil rights group Silicon Valley De-Bug have shown scanned mail is retained and able to be accessed by jail staff for seven years according to the contract, even after a persyn has been released from jail.

The Electronic Frontier Foundation (EFF) is an exciting addition to the legal team involved in the assault on this totalitarian surveillance system. Formed in 1990 by John Gilmore, John Perry Barlow and Mitch Kapor, this international non-profit digital rights group based in San Francisco, CA got its original financial backing from Mitch Kapor and Apple co-founder Steve Wozniak. The EFF has handled (and won) many high profile cases against companies like Google and Facebook, but its most famous case (its first, that also led to its creation) preserved forever in historical hacker lore, happened in early 1990 against the U.$. Secret Service for its illegal raid/search and seizure operation of Steve Jackson Games. This was one case of many happening at the time across the United $tates against alleged hackers spurred along by a state and federal task force code-named Operation Sundevil.

Steve Jackson Games was raided due to complete incompetence by Secret Service personnel who thought a handbook for a role-playing game by Steve Jackson Games called “GURPS Cyberpunk” was actually a handbook for computer crime, sort of a hacker’s version of the Anarchist’s Cookbook. The winning of this case started EFF’s promotion and defense of computer and Internet-related civil liberties.

While the case against San Mateo County’s use of Smart Communications mail system has not been decided yet, We the imprisoned lumpen can only hope that the plaintiffs which number 5 prisoners at San Mateo County Jail, several family members, and Oakland-based artists collective ABO Comix, pass up on any instantly gratifying concessions offered in settlement like what happened in the Ashker settlement in the aftermath of the California Hunger Strikes and see this lawsuit through to its glorious conclusion.

MIM(Prisons) adds: We have published a series of articles in recent years addressing this new trend in complicated digital mail systems that just make communications with the outside world more difficult and more censored. Across the board the main reason given for these systems is to prevent drugs from entering prisons. A recent report from a comrade in Hughes Unit in Texas on the continued rise in fentanyl deaths from K-2 brought in by staff reiterates the hypocrisy of this claim. Meanwhile Hughes Unit remains one of the biggest censors of mail from MIM Distributors in the state of Texas.

We appreciate the focus of these organizations on the importance of connection to family and community and welcome them in the battle against Smart Communications, JPay and other digital mail vendors profiting off of prisoners and their families while imposing a surveillance state on all of us.

The Governor of California has decided to rename San Quentin “Prison” to “Rehabilitation Center.” This is just one more appeasement given to the millions of Californians who have suffered the injustice of incarceration. Politics has no more place in the justice system than religion has in government. However, the injustice system remains more political than the legislative branch.

Governor Newsom’s play at “restorative justice,” AKA rehabilitation for “some of the less dangerous criminals,” is as false as his smile. For instance, the old lady that was hypnotized as a child by Manson to commit a murder of someone famous has been granted parole (found suitable for release from prison) no less than 15 times by a board of experts in evaluating that kind of thing (Parole Board). However, Governor Newsom, who is not an expert, has taken it upon himself to deny (veto the Parole Board’s decision) each and every time!

That is only one instance where this two-faced politician has denied parole to people. This makes clear that Newsom’s notion of rehabilitation is purely symbolic. Nothing more than the smile; handshake of Satan himself.

Funny, this morning on the mainstream news, Mike Pence is accusing the Manhattan District Attorney of politicizing the law for charging a former President Trump. Funny, politics in the law? How can a prosecutor have so much power to arrest a former President of the United $tates? Funny because these same rich assholes gave that enormous power to prosecutors and police and judges when it was used to arrest the poor man. But now that it is used to arrest the rich man, it is politics?! Did these rich people really think that if they built a monster that the monster could be controlled? Did they really think that the injustice system would only be applied to hurt and kill poor people?

Pence and Trump should not be surprised now. Politics have always been part of the law for the poor man. Despite the image of a blindfold on Lady Justice, the proletariat knows all too well that the law is political. Now the injustice system monster will show its ugly belly to anyone and everyone because that is how much power the pigs have been given.

Perhaps now we can see what California Governor Newsom’s motivations are in pretending to abolish prison. Is he afraid of the monster he created? We all heard him say on T.V. that he is tired of paying the trillions of dollars his prison industrial complex eats up.

His notions of restorative justice are a little misplaced though. Rather than educate prisoners he should be defunding his prison system monster and putting the trillions back into the community – after all he can’t have his cake and eat it too. But that seems too much to ask of the Devil. He already said his rehabilitation is only for some and “not the more dangerous criminals.”

Anyone with half a brain knows that the real cause of crime is poverty. Poverty caused by the trillions of dollars going to the police and prisons and not to the community.

MIM(Prisons) adds: We agree that all prisoners are political. The state paints itself as being an arbiter of blind justice as this comrade states, when in reality it is the tool of one class to use against others. That is why real change requires changing the state from the hands of the bourgeoisie to that of the proletariat, not just shifting tax money around from prisons to more social services.

What’s good to all my Sisterz and Brotherz on the inside. My name is Motivation. I am a certified paralegal incarcerated in the Texas Department of Criminal Justice. I was moved to write this article because I’ve experienced TDCJ’s arbitrary and unconstitutional censorship under Board Policy - 03.91 (BP-03.91), and I’ve also witnessed the same with other men on my unit. Therefore, I’ve filed a §1983 civil complain. See Linzale Greer V. Bryan Collier, et al., 4:21-cv-03976. So, if you are a TDCJ inmate and you are experiencing improper denials because the TDCJ claims the material contains a sexually explicit image, then here’s some information to guide you on defending your rights and legally combating BP-03.91.

Know the Policy

First and foremost, find out what the policy is and how the policy defines a “sexually explicit image.” This is easy. Just go to the law library and request BP-03.91(rev.5). For those of you who may not know, BP-03.91 was revised on 25 June 2021 by the Texas Board of Criminal Justice, and the revision expanded the definition of a sexually explicit image. It essentially bans any image which depicts sexual behavior and/or is intended to sexually arouse. This means TDCJ inmates cannot possess or receive by mail any image deemed sexually explicit. In my view, this is unconstitutional because BP-03.91 is impermissible and vague, over broad, and unreasonable on its face and as applied.

You have the right to appeal

Secondly, whenever the mail room denies material, you shall be provided a sufficient notice in writing and a detailed reason for the denial. You also have the right to appeal the denial to the Director’s Review Committee (DRC) and the DRC shall render its decision within two weeks after receiving the appeal. However, if the material has been previously banned by the DRC, then the denial will be non-appealable. I don’t agree with this practice but the reality is, this is what the TDCJ does. Keep copies of all documents for your records.

Exhaust all available remedies

The Prison Litigation Reform Act (PLRA) requires prisoner’s to “Exhaust all available remedies” within TDCJ before filing a §1983 civil complaint. What this means in some cases is that you must file a step 1 and step 2 grievance before you can go to court. Remember you must exhaust only “Available remedies” and need not exhaust “unavailable remedies.” In my opinion, there are no available remedies within the TDCJ grievance procedure concerning mail room censorship because the grievance office routinely returns inmate grievances and states that the issue is not grievable. Also TDCJ grievance procedures states that inmates may not grieve matters for which other appeal mechanisms exist. Nevertheless, you should still file a step 1 and/or step 2 to be on the safe side. Now, if your step 1 is returned because the issue is not grievable then, you do not have to file a step 2 because there are not available remedies. You can now go straight to court.

Legal Research

Another vital tool is conducting legal research. This is where you roll up your sleeves and get down to business. This will be your prerequisite before filing suit. I didn’t have anyone to hold my hand during my legal research process or to help me file my suit. I can admit that legal research is an arduous task, but more importantly, it’s vital before filing a complaint. However, to point you in the right direction, here’s some relevant case laws that will be important to your fight against TDCJ:

• Turner V. Safley, 482 U.S. 78 (1987)
• Thornburg V. Abbott, 490 U.S. 401 (1989)
• Guajardo v. Estelle, 543 F. Supp. 1373 (S.D. Tex. 1977)
• Guajardo v. Estelle, 580 F.2d 748 (5th Cir. 1978)
• Guajardo v. Estelle, 568 F Supp. 1354 (S.D. Tex. 1983)
• Guajardo v. Tex. Dept Crim. Justice, 363 F.3d 392 (S.D. Tex. 2004).

The Guajardo cases specifically applies to TDCJ’s correspondence rules. It will give you historical and present insight on the promulgation of BP-03.91, and how to legally proceed to challenge it in federal court. You should also get very familiar with the PLRA because it controls prisoners litigation and the types of relief we are entitled to. The federal statue can be found at 42 U.S.C. 1997e and 28 U.S.C. 1915A9c). If you need additional case law, just ask the law library to shepardize the above cases for you, and you will find more jewelz than you can use.

Filing a §1983 Civil Complaint

After doing all of the above, your next step is to file a §1983 Civil Complaint. You can file it in either state or federal court depending on your situation. However, because you will be complaining of First Amendment violations under the U.$. Constitution, you should file in federal court. Federal court has jurisdiction over federal law. But again, depending on your case and the facts of your case, sometimes filing in state court is the better route. You will have to research this issue to decide which route fits you.

You can get two §1983 civil complaint forms from the law library. One is for you to send to the court and the other is for your copy. Remember always keep copies of everything you send to the court. The most important part of filing a complaint is stating sufficient facts, which is “enough facts to state a claim to relief.” If you do not state enough facts, there’s a chance your complaint will be dismissed for failure to state a claim upon which relief may be granted.

If you can get an attorney to file your complaint that will be great. However, the reality is, the vast majority of prisoners are left to litigate pro se. So, do your homework and learn the law.

My Last Wordz

So, to all my Brotherz and Sisterz that are willing to legally fight the arbitrary censorship system nationally, I tip my hat to you all and wish you courage, patience, and persistence. Also, for those of you who are in the process and those that have already begun the process of litigation, WE are not doing this just for Us. WE are more on the front line for the voiceless and the ones that may not have the ability to STAND UP. So, I ask that WE ALL DO OUR BEST AND NOTHING LESS! Stay Blessed No Stress!

Sincerely, Motivation Equalz Elevation

MIM(Prisons) adds: We have a more extensive guide to fighting censorship that is applicable for all states that we send to anyone facing censorship of our correspondence or literature. We print the above as a concise summary with some specific info for Texas.

This is also part of an ongoing campaign among Texas prisoners to fight the rewritten BP-03.91 mentioned above. One of the lawsuits around this campaign is Martinez v. TBCJ, et al. #3:21-CV-00337. The judge has since denied to issue summons to each member of the Texas Board of Criminal Justice. This is being appealed. The plaintiff is requesting more support from prisoners in TDCJ in the form of affidavits and/or unsworn declarations. These affidavits/declarations will help make the argument for a statewide injunction of BP-03.91 and can be sent to MIM(Prisons) to forward to the plaintiff.