Under Lock & Key

State repression is real in the United $tates of Amerikkka. The Chicano Nation has undergone colonization and occupation since 1848. In recent times our nation has developed in a way that calls for a higher level of organization. This demand launched the founding of the Communist Party of Aztlán, CPA (Marxist-Leninist-Maoist).

Three days after the announcement of the founding of the CPA(MLM) our Chairman JV was arrested on trumped up charges. It is no coincidence that the arrest of our Chairman occurred after this groundbreaking announcement. We believe that the agents of the state have studied the contradictions on these occupied territories and their threat assessment highlights the threat a communist party for the Chicano nation would pose.

Our Party has created a think tank to analyze the immediate attacks on the Party and on Aztlán. We realize that the revisionist Trotskyite and crypto-Trots like the CP-USA and RCP-USA are allowed to exist intact because they pose no real threat to colonization. The CPA on the other hand is a different story. For this reason our Party is forced to go semi-underground.

We will not publish the names of our membership, but we will stand by and struggle to free our Chairman of these false charges and illegal kidnapping. It is well understood that had our Chairman been a wanna-be capitalist or engaged in crimes against the people he would have been left alone. The minute he stands up for the raza, repression is rained down. This sacrifice was discussed and the necessity of the decision to announce the founding of the Party was decided.

Our Chairman is not only completely innocent, but was targeted by the state. This was COINTELPRO through and through. Our temporary loss of our Chairman out in minimum security is imprisoned Aztlán’s gain. The prisons are and always have been hotbeds of resistance, fertile grounds where revolutionary shoots thrive. The CPA will establish its presence and raise public opinion on both sides of the concentration kamp walls.

On 26 December 2022, the Unified Maoist International Conference (UMIC) announced the founding of the International Communist League (ICL). The organizations involved see the need to build a new communist international, building on the legacy of the Comintern and the Revolutionary Internationalist Movement (RIM). As we’ve explained elsewhere we disagree with the creation of a new communist international at this time.(1)

This new ICL is truer to the Comintern than the RIM was, but remains in the same outdated and revisionist global class analysis as RIM. The ICL statement clearly upholds MIM’s first 2 dividing line questions, while failing to address the third directly. MIM’s third point reads in part:

” imperialism extracts super-profits from the Third World and in part uses this wealth to buy off whole populations of oppressor nation so-called workers. These so-called workers bought off by imperialism form a new petty-bourgeoisie called the labor aristocracy. These classes are not the principal vehicles to advance Maoism within those countries because their standards of living depend on imperialism.”(2)

Arguably, this line was somewhat controversial in the mid-1980s, when MIM struggled against the RIM’s Revolutionary Communist Party(U$A) on this question. The ICL statement addresses the question in most depth with the following:

“The economic crisis in 2008 that began as a finance crisis in the USA was unloaded on the masses in the oppressed countries and even in the imperialist countries themselves. Thus it has stricken the proletariat of the imperialist countries, which instigated sharp struggles for the defense of the achievements they conquered throughout the 20th Century. The consequences of this crisis were not overcame, this is why the recovering of employment is at the expense of worse quality, lower wages and larger working day. The recovering is at the expense of increasing the over-exploitation of the class.”(3)

We have never heard of “over-exploitation” in the context of humyn labor before, so defining that term seems important here. The text is correct to recognize that the crisis of 2008 was mostly pushed off onto the oppressed countries. The rest is sufficiently vague, while touching on some common cries of the social fascists. There is no summation elsewhere in this wordy statement of the class (or nation or gender) alliances of the populations of the imperialist countries. We are left with the impression that they are allies, even if they suffer less than most. To uphold this revisionist class analysis in 2022 is to ignore some crucial lessons from the experience of the RIM itself.

While upholding the Great Proletarian Cultural Revolution (GPCR), this statement upholds the very ideas that the GPCR stood to combat – those of the Theory of the Productive Forces. It is inconsistent to deny the Theory of the Productive Forces and maintain that people in the top 10% global income bracket are the proletariat. Elsewhere we observe,

“Another lesson that MIM seemed to take from the great reversal in Peru, was the importance of having a correct global class analysis for Maoists everywhere. If a revolution based in the non-Spanish speaking indigenous peoples of the highlands of the Andes mountains and the Amazon rainforest is infiltrated by agents trained in the United $tates and divided by a magazine out of London, then we see the real material impacts of Third World communists seeing the people of the United $tates and Great Britain as 90% proletarian allies. Not to mention, to not understand the basic political economy of imperialism today is to lack a Marxist framework from which to change the world.”(4)

Our disagreement with the formation of an ICL itself is largely connected to our line on the labor aristocracy. But it also stands as its own point on strategy in our current conditions.

The RIM criticized Mao for not building a communist international. It seems the UMIC may agree with this critique based on their actions.

A difference in class/national interests between parties in the UMIC is one reason we believe it is a faulty strategy. At best, the oppressor nation parties will slow down the oppressed, at worse they will sabotage them. Another problem is the mixing of parties engaged in armed struggle with those that are not. This difference in strategic stage calls for different approaches based on different interests. Yet the statement announces that these parties are being held to democratic centralism with each other through the ICL.

Step Forward on Stalin

One point where we see the UMIC statement disagree with RIM, and in a good way, is in their assessment of Stalin during World War II and the overall theory and practice of the united front. Not only does the statement uphold the line of the Comintern during this period, it puts the blame squarely on the parties where revisionism took over. This is better than the RIM line (still upheld by many in the International Communist Movement (ICM) to this day), which criticizes the Comintern for rightism in its call for a united front against fascism. But MIM went even further than the UMIC in disagreeing with this critique of the Comintern to say that in countries like the United $tates there was no revolutionary path to take at the time. Even if the CP-U$A had a correct revolutionary line, there’s nothing they could have done that would have supported the USSR more than what they did, given their conditions. Those conditions being a base in the labor aristocracy.

The proliferation of statements and organizations upholding various tenants of Maoism offers some signs of Maoism being a living science that would-be revolutionaries are grappling with. Of course, the practice of People’s War does this a million times more.

Of all the controversies that have been taken up in the ICM in recent years, we have seen no public debate over the global class analysis. If you are operating in a Third World country and isolating yourself from the oppressor nations, then you could get very far without saying much on the topic of the labor aristocracy in the imperialist countries. But if you wish to engage in international conferences and you fail to recognize the class reality on the ground, you mislead and endanger the revolutionary movement.

A Note on Struggle Sessions

In our previous essay on this topic we criticized author Joshua Moufawad-Paul and the blog Struggle Sessions for advocating for a new International. On 2 January 2023, Struggle Sessions editor deleted all their articles and posted a declaration of the death of the project. This comes after a series of announcements and critiques coming from the former Committee for the Reconstitution of the Communist Party U$A (CRCPUSA), of which Struggle Sessions was an unofficial theoretical mouthpiece. We hope to further investigate lessons from the collapse of the CRCPUSA.

It is worth noting to our readers that the outlet publishing the statement of the UCIM discussed here is a political ally of the CRCPUSA and continues to support it as a project. They call themselves Communist International: Marxist-Leninist-Maoist Online Newspaper and are found at ci-ic.org.

<sup>Notes:
1. MIM(Prisons), August 2020, Who’s Got Something to Prove JMP? Under Lock & Key No. 71.
2. MIM’s Three Main Points
3. 26 December 2022, Historical News of the successful Holding of the Unified Maoist International Conference: the International Communist League was founded!
4. this is from an unpublished paper assessing the history of the RIM that we may edit for publication some day if there is interest</sup>

This report is to inform other comrades of the new law that was passed called the Keep Families Connected Act in California and to expose the sneaky tactics the state is using to bastardize it. The Keep Families Connected Act states that as of 1 January 2023 all calls between Us (the prisoner class) and our families and friends will be provided at no cost to Us or our people outside.

Here in the South Bay there was no fanfare for the Act’s passing, no bulletin from jail administration stating this, or message on our tablets, which have the phone app most use to call home. After further research, i was informed by a Lieutenant pig that Keep Families Connected Act only gives free calls in CDCr facilities, and county jails like Main Jail North are not included. Seems California doesn’t actually give two shits about keeping families connected.

The tablets we have in California are already used to record your voiceprint (individually distinctive pattern of certain voice characteristics, spectographically produced) and facial biometrics (measurement and analysis of unique facial features, especially for verifying personal identity) which to even use the tablets you must agree to as part of the Terms of Use.

As is so common the case, anytime the oppressive elite pigs give us something, it’s usually poisoned, warped, and deformed to suit their means. To utilize these free calls your people must download an app first (for iPhone it’s GTLConnect, for Android it’s GTL Phone App). As a former hacktivist in the early days of the Anonymous Collective, i believe these apps could be infected with many different types of viruses, keyloggers and spyware included. This is true for the iPhone, despite many peoples’ false notions that Apple products cannot be hacked into.

It also should come as no secret that the Amerikan government does in fact spy on its people, as was exemplified by the NSA leaks by Edward Snowden, and the revelations of the FBI’s COINTELPRO of the 1960s and 1970s.

But downloading an app is not all your family and friends must do. Once downloaded they must make an account, which if they use their real information, now puts a name, date of birth (and with this DMV records can be looked up, background checks administered) and thus every recorded conversation now has a face they can put it to. This is my speculation and by no means proven fact, yet we should always be wary and skeptical of anything handed to Us from the bloody paws of the capitalist-imperialist fucks whom oppress us.

We should learn from our past experiences through study to better identify such reforms for what they really are: Band-Aids for bullet wounds.

MIM(Prisons) adds: This week President Biden signed an Act to require the Federal Communications Commission (FCC) to ensure reasonable rates for any kind of voice or video calls made from jails and prisons in the country. To date, families and friends of prisoners have paid ridiculous prices for phone calls to their imprisoned loved ones. This profiteering discourages the maintenance and development of positive relationships in the community that are important for re-integration upon release. As such, we welcome these reforms, though they are a small drop in the bucket of the extreme forms of social isolation and torture imposed on hundreds of thousands of people in U.$. prisons.

We also share the concerns of our comrade above. Though communications into and out of prisons have always been assumed to be monitored, the technology to do so is at another level now. And instead of extorting families for phone fees, they are now strong-arming their persynal and biometric information out of them, extending the arms of the surveillance state into not just those convicted of a crime, but all who wish to relate to them. It is hard enough to get people to avoid such surveillance technology on the streets where people have choices.

In the early days of Corrlinks, we could use email to communicate with some of our subscribers. While we recognized the potential downside of surveillance, all mail is potentially surveilled as well. However, now that the model has developed they seem to uniformly charge money for electronic mail to prisoners and require the installation of spyware and giving persynally identifying information to the company and the prison. So if you’ve tried to email us through these services and we don’t respond, that is why.

We have been covering the topics of the distribution of computer tablets among prisoners in this country along with the digitization of mail that they enable. These developments strengthen the totalitarian control of the state, and often further limit communications with the outside despite the political messaging. Following in the footsteps of the phone companies, the new brand of prison profiteers are these mail processing companies like TextBehind and the old-timer JPay. As depicted in the artwork above, TextBehind has created a barrier for letters from organizations like ours from reaching people imprisoned in North Carolina.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Please Help Us!

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

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

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

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

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

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

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

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

If you are filing the following criteria below:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“No man can tell the intense agony which is felt by the slave, when wavering on the point of making his escape. All that he has is at stake… The life which he has may be lost, and the liberty which he seeks may not be gained.” -Frederick Douglass, 1845

We are made to persist. That’s how we find out who we are.

The Khufu Foundation thanks you for being part of the solution! The following is an update on the lawsuit, Hicks v. Guiterrez, et al, 6: 22-cv-134. It contains both good and bad news. The bad news is that the District Court has dismissed the case with prejudice, which was not unexpected. The good news is the cases he used are not on point, plus he failed to thoroughly address an issue of First Impression “The Cumulative Effect.”

For those of you who have tablets, go to law library and read exactly what the District Judge has to say for yourself. We have given notice of appeal, and await a word from the 5th Circuit giving us a number to seek COA. Before we give our argument in brief, let us give you a word directed to the right that can save you a few dollars as well as allow you to move much faster through the Courts than the §1983. We have learned that these same issues can be attacked with an application for Writ of Habeas Corpus – see the tablet has a wealth of information, particularly the Law Library; there are literally thousands of cases at your fingertips. Yet, the tablet can turn you into a zombie, who feeds on nothing but music and movies.

Now, here is what we will take to the 5th Circuit:

1. Whether the Cumulative Effect of the Texas Constitution, Texas State Law Statutes, the Administrative Procedures Act, and the Rules and Regulations of the board combine to give a Reasonable Expectation that the parole procedure will be conducted with a modicum of just and fair treatment – see Wilkonson v Austin, 125 S.Ct. 2384

2. Whether Applicant was denied Equal Protection of the Law as compared to other prisoners who can review their parole-file/transcript, because they can afford an attorney, see Griffin v Illinois, 76 S Ct. 585 and Register v Thaler, 681 F. 3d 623

3. Whether Applicant has been denied a fair and just parole hearing where the defendants fail to follow the APA and their own rules without meeting the Constitutional minimum regarding parole review – see Parrat v Taylor, 101 S. Ct. 1909 and Leggett v Williams, 277 F. App’x 498, 500 (5th Cir. 2008)

4. Whether Applicant was denied a meaningful participation in his parole hearings when he was not allowed to review his parole file to challenge all false and/or derogatory information contained therein, when Board Members have admitted that there is often false and/or inaccurate information in parole-files. – see Johnson v TDCJ, 910 F.Supp. 1208

This information is supplied in the hope that each of you will do your research and continue to fight.

North TX AIPS adds: This is a follow up to Texas Prisoners Launch Attack on Parole System printed in Under Lock & Key 78. This lawsuit is an attempt for parole reform in Texa$ and was launched May of last year (2022). It is in response to continuous denial of parole for many prisoners based on commitment of the crime, rather than behavior while incarcerated, and to argue that the Board Members are not protected against suit according to the Ex Parte Young Doctrine:

“In determining whether the doctrine of Ex Parte Young avoids an 11th Amendment bar to suit, a federal court need only conduct a straightforward inquiry into whether the complaint alleges an ongoing violation of federal law and seeks relief properly characterized as prospective.” Const. Amend.11 - See Verizon MD. Inc v. Public Service Commission of Maryland, 535 U.S. 635, 122 S.Ct. 1753 and McCarthy ex rel Travis V. Hawkins, 385 F.3d 407, 412 (5th Cir. 2000)

While some of the demands as previously stated are in line with the Juneteenth Freedom Initiative, as revolutionaries our focus is on the building on independent institutions of the masses, rather than working for parole reform. We are building on our Re-Lease on Life program and encourage anyone whose interested to write us and start to work on study and strategy for revolution.

As the assassination date of our redeemed comrade Stanley Tookie Williams Sr. approaches (December 13th), this will mark 17 years that our beloved brother, comrade, and C.R.I.P co-founder Stanley Tookie Williams Sr. was deliberately assassinated by the U.$. imperialist’s “Correctional Institute (Colony) Repressive Penal System.” It is our esteemed comrade Stanley “Big Tookie” Williams Sr. along with comrade Raymond Washington who founded the C.R.I.P.s in 1969. Stanley Big Tookie Williams ran the West Side Cribs (“Cribs” eventually became “CRIPS” by 1971) and comrade Raymond Washington ran the East Side CRIPS. There was a small neighborhood community after school center on the East Side of Los Angeles, California where comrade Raymond Washington and his friends hung out after school playing pool called the “Community Resource Inner City Project Service” (C.R.I.P.S).

From this Community Resource Inner City Project Service the “CRIPS” would form into a bastard party of the former remnants of the Black Panther Party (a community based nationwide Black nationalist organization who operated free breakfast programs in the poor disenfranchised sections of the ghettos and Brown barrios and promoted “self defense” against U.$. terrorist government sanctioned racial violence).

Originally when Raymond Washington and Big Tookie Williams joined up the East Side and West Side CRIPS were about protecting their communities against other “white” gangs who came into Black neighborhoods to start trouble and violence against Black people in general. The C.R.I.P.S. (Community Revolutionary Inter-Party Soldiers) promoted Community Revolution in Progress (C.R.I.P.) yet over the years ended up becoming a “self destructive” force which ended up being consumed by Black self-hatred and non-political violence.

Eventually Comrade Raymond Washington was murdered in the streets of East Side South Central Los Angeles. He was assassinated by a car of unknown assailants, in 1979. Comrade Stanley “Big Tookie” Williams was wrongfully framed by the U.$. government on gruesome murder charges that he did not commit (and in which he maintained his innocence up until his dying day). Big Tookie was falsely convicted by a racist court system and jury which ended up landing him on California’s Death Row at San Quentin State Prison in the early 1980’s.

Ten years prior to Stanley “Big Tookie” Williams’ arrival, San Quentin State Prison was the assassination scene of the bold, brilliant and beautifully courageous revolutionary activist, author and revolutionary theoretician Comrade George Lester Jackson on 21 August 1971. Jackson was moved to the Adjustment Center in San Quentin on murder charges of killing a Soledad correctional officer. 25 year old Officer Mills was beaten to death and thrown over a 30 ft. tier in Soledad Central “Y” Wing Facility. There was a note in Officer Mills pocket that said “One down 2 to go” in reference and in retaliation for 3 Black prisoners shot and killed in cold blood by a racist Soledad prison guard name Officer O.G. Miller. One of the dead convicts was W.L. Nolen, a close friend/mentor of Comrade George. In February 1970 George Jackson, John Clutchette and Fleeta Drumgo would formally be charged with the murder of Officer John Mills. Since Comrade George already was serving sentence of one year to life, death on a non-inmate under California law at that time meant an automatic death penalty for Comrade George, even though the state had no evidence that George Jackson, John Clutchette, or Fleeta Drumgo (who become known as the “Soledad Brothers”) killed Officer Mills.

George Jackson was an activist and revolutionary advocate of the prisoner class revolutionary movement, “Black family”, and August 7th movement founder – a movement he founded in remembrance, honor and in tribute to the death (murder) of his little 17-year-old brother Comrade Jonathan Jackson whom on 7 August 1970 took a bag full of guns into a courthouse in Marin County (not far from San Quentin State Prison where his brother Comrade George was housed). Brother Jonathan Jackson Sr. calmly took over a courtroom where three Black prisoners were on trial. Jonathan gave the three guns then took the Judge, District Attorney and 2 Jurors hostage demanding that the “Soledad Brothers” be released immediately in exchange for the hostages. Sad to say Jonathan never made it out of the parking lot as over 200 shots by Marin County Officers were unloaded into Jonathan’s Hertz rental van. Jonathan was murdered immediately.

The only sole survivors in the van with Jonathan was one of the three Black prisoners (Comrade Ruchell Magee - whom is still incarcerated to this very day despite his deteriorating health) and the District Attorney who was permanently paralyzed and confined to a wheelchair.

A year and 2 weeks later on the 21st of August 1971 prison authorities concocted an outrageous story to justify the assassination of George Jackson. San Quentin Prison officials claimed that Comrade George tried to escape leading six other prisoners out of the adjustment center allegedly slicing three prison guards’ throats and killing two snitch prisoners. They claimed George Jackson had a gun and the guards assassinated Comrade George from the Gun Tower. The state (San Quentin Prison officials) deliberately murdered/assassinated Comrade George. Upon investigation, George would’ve beat his case had he went to trial and very well may have got out of prison. Check out Under Lock and Key No. 79 Winter 2022 article “History (and Myth) of a Comrade Should Inspire Us” Written by USW51 for more on Comrade George. It’s a very well written and detailed article.

How does this relate back to our Comrade Stanley “Big Tookie” Williams Sr.? Well there are a lot of apparent correlations connecting these two comrades beginning with the criminal “injustice” system and the systematic oppression and “judicial lynching” of both these wonderful Black Brothers (and of Black and Brown males in this U.$. imperialist country in general).

George Jackson entered the California Penitentiary System in 1960 with an indeterminate sentence of “one (1) year to life” for the conviction of a gas station robbery that resulted in the theft of $60.00. Even though evidence was in Jackson’s favor and Jackson adamantly professed his innocence of the crime, his court appointed attorney convinced Jackson that if he would only plead guilty to a lesser offense that he would receive some light county jail time, instead the racist court judge sentenced Jackson to prison for one year to life.

“CRIP” co-founder Stanley Tookie Williams Sr. up until the day of his assassination/execution proclaimed his innocence of the murder charges that he had been wrongly convicted of, yet the racist criminal injustice system with no real tangible evidence put Big Tookie Williams on trial and concocted lies in order to assassinate, execute and “judicially lynch” Stanley Tookie Williams Sr. because he was a threat to the upper status quo and had been amassing power (revolutionary potential and Black leadership skill/charisma) and was “leader” of a fast growing “C.R.I.P” - (Community Revolutionary International Party) which possessed major revolutionary potential. The U.$. government had to “contain” him since he could become a potential “Black messiah.” So just like Comrade Geronimo Ji Jaga Pratt the U.$. government framed Stanley Tookie Williams Sr.

Comrade George Jackson while incarcerated became autodidactic (self taught); he studied Marx, Lenin, Mao, political science and political economy, Engels, Stalin, Huey. Jackson was made Black Panther Party ‘General/Field Marshall’ by Huey Newton while he was incarcerated he become “politically conscious,” reshaped and transformed his Black criminal mentality into a revolutionary mentality. Comrade George redeemed himself and achieved redemption through his willingness, determination, self discipline, self-taught education through books. Comrade George changed and reformed his criminal thinking, Jackson refused to participate in all “non-political” violence (gang mentality), George Jackson practiced a very special bastardized style of martial arts as well as Kung Fu called “Iron Palm” and worked out 6 to 8 hours a day doing “1000” fingertip pushups a day. Comrade George also authored two classic political treatises of Black revolutionary literature “Soledad Brother” and “Blood in my Eye” and one underground book titled “Communist Manifesto.” Jackson typed laboriously on his typewriter in his small prison cell, he wrote position papers that dealt with various political-socio issues such as prison life, economics, and the corrosion of Amerika’s military-prison industrial-corporate capitalist culture and circulated these papers throughout and outside prison walls.

For his political/revolutionary activities he was rewarded with isolation and segregation in Soledad’s “O”-wing administrative segregation unit and San Quentin’s A/C Lockup where often times his cell was “welded” with a lock shut. Once that proved not to be enough, he was set up to be killed.

Stanley Tookie Williams Sr. had undergone a very drastic revolutionary change after his imprisonment as well, a quite remarkable one. Stanley Tookie Williams Sr. was autodidactic, self-taught through reading and politically conscious. He also studied political science, economics, socio-behavior and psychology to better understand himself and his negative subconscious programming and “learned” behavior. Big Tookie Williams studied about the Black Panther Party, Huey Newton, Bobby Seale, Comrade George Jackson, Nelson Mandela, and Steve Biko. When Williams Sr. read the infamous “Willie Lynch Document” he was angered and shocked at how this white slave master from the Caribbean islands in the early 1700’s had managed to create such a nefarious, diabolical, cruel and methodical “self-hate” system (which would become known as the “plantation psychosis”) which would sink seeds of mistrust, and self hatred, and self-sabotage within our subconscious, unconscious minds that some 400 years later it is encoded in our (Black folk) culture and is the primary root of “Unkle Tom-ism” disunity, hatred, violence, mistrust and cowardice amongst our people, we were “programmed” negatively to behave this way with one another. The slaves were taught, whipped, beat, tamed, feathered, set on fire, lynched, pregnant Black women had their precious unborn fetuses cut out of their stomachs and stomped on in front of their faces by the white slave masters, and Big Tookie Williams, Comrade Raymond Washington and their peers and “rival” Black teens were just lashing out against one another out of fear, and “self-hate,” the “plantation psychosis” of Willie Lynch indoctrination. This was the source, the generations of negative subconscious programming fostering and festering within Black communities… This was the primary cause of his “Blue Rage.”

[Editor’s Note: While a powerful story that motivated Tookie and others, Willie Lynch is a myth. Uncle Toms are the natural outcome of the dialectic of oppression observed across cultures and time.]

While on San Quentin’s death row Big Tookie decided with utter conviction he would transform and change. Williams Sr. now being politically-socially revolutionary conscious sought “redemption” (“Black redemption”). Mr. Stanley Tookie Williams Sr. started writing several children’s books that taught peace, and strongly advocated and promoted diversion from joining gangs and drug abuse, peer pressure to help in steering children in a “positive”, productive, peaceful life in today’s society. Mr. Williams even took on a Kiswahili name (Ajamu Ajani) that reflected his cultural, mental, spiritual transformation. Stanley Tookie Williams Sr. was even allowed to conduct and operate a podcast from San Quentin’s State Prison’s death row to educate the public and youths across Amerika of the failures and downfalls of “gangbanging.” Big Tookie Williams used his own three hour phone calls on the tier to call and speak to youth in middle and high schools and interacting and most importantly patiently and sincerely answering any and all questions these students may have had (on his own time; even though he knew that his time was very limited).

Mr. Williams Sr. tried to teach peace and had helped organize the peace truces between the Bloods and Crips in the early 90’s. Mr. Williams published a sincere and very self critiquing, deeply introspective memoir before his assassination by the $tate called Blue Rage, Black Redemption. In fact, Jamie Foxx had played the part of Williams in a television movie, “Redemption: The Stan Tookie Williams Story.” Williams was nominated for the Nobel Peace Prize. Celebrities such as Snoop Dogg, Bianca Jagger, Rev. Jesse Jackson, Judge Greg Mathis, Daz Dillinger and Jamie Foxx tried to gain a stay on his execution, but on 2005 December 13th, the U.$. government dealt a huge blow to gang peace truce leaders, and had California prison authorities at San Quentin State Prison execute/assassinate long-time ‘reformed’ death row prisoner Stanley Tookie Williams Sr. (Ajamu Ajani).

This goes on to prove without a doubt that the U.$. government and global white imperialist truly “fear” gangbangers and criminals becoming “revolutionary indoctrinated” and converting into “revolutionary political soldiers” fighting for the liberation of our oppressed New Afrikan people’s and all oppressed people’s throughout all colonies of North Amerikkka and globally. Those who are victims of “plantation psychosis,” imperialism, capitalistic avarice, racism, police brutality, and systematic oppression!

So it’s right now, right here that I give honor and tribute of remembrance to both of these redeemed political giants Comrade George Lester Jackson and our beloved Blue Dragon Comrade Stanley Tookie Williams Sr. as his “return to the essence” date approaches this 13 December 2022 (17 years) after his state/government sanctioned assassination.

Rest in Power Big Tookie

MIM(Prisons) adds: Tookie Williams dedicated one of his books to a list of mostly revolutionary figures, including George Jackson. This was one reason given by Governor Arnold Schwarzenegger to deny clemency for Tookie. Schwarzenegger said it indicated that he saw violence as a means to address societal problems, and then proceeded to use violence to kill Williams. Meanwhile, everything coming out of Tookie was about promoting peace, and gang truces, and getting kids out of gangs. As MIM Notes pointed out at the time of Tookie’s murder, it is hard to know where his ideology was at the time because the state literally had a gun to his head every time he spoke.(1)

Whether pacifist or revolutionary, there is no doubt that Tookie had abandoned the negative aspects of his past in order to serve his community and oppressed people around the world. As demonstrated so vividly in the book Prisoners of Liberation, this was the goal of prisons in socialist China, true reform.(2) And with true reform came redemption and reintegration into society. But not for Amerika, there is no redemption for the oppressed.

Tookie happened to be born into a neighborhood where the U.$. government was importing drugs and weapons to create chaos in response to the organizing of the Black Panther Party in cities like Los Angeles. Oliver North, who oversaw the Iran-Contra Scandal that brought cocaine to the streets of the United $tates while serving on the National Security Council, now serves as high-paid political commentator and appears on mainstream news shows these days, while Tookie was killed by the state.

<sup>Notes:
1. HC93, 14 December 2005, Tookie, Another Casualty of War, MIM Notes No. 329, January 2006.
2. Allyn Rickett and Adele Rickett, 1973, Prisoners of Liberation, Garden City, NY: Anchor Press. $8 from MIM Distributors.</sup>

The Nevada Department of Corrections (NDOC) is currently holding me in Ad-Seg because of a bootlicking inmate’s claim that I am his enemy. I have never had an enemy in my almost 20 years in prison. The real reason is due to my current litigation against the NDOC due to their violations to my civil rights.

Enclosed is a copy of a DOC-3012 form, I encourage you to print it in the next ULK issue without censorship in an effort to expose the responders for what they are! I’m also sending you a copy of a “Snivel Kite” I was given after reporting the DOC-3012 response to Correctional Officer Alfonso Alvarez. I encourage you to print it as well.

11 October 2022 – Around 2:05 AM, Tuesday morning, I was jolted out of my sleep by a familiar sound. Yes, that familiar sound of Strike Force rushing into the pod to execute one of their surprise raids. I didn’t even have to get out of my bed to see what was going down. Like I said, it’s a familiar sound of feet stomping, door slamming, guards shouting, and dogs barking.

An elder Panther told me years ago to always observe the guards during raids just in case they violate the constitutional rights of a fellow prisoner – or even worse kill one of us. So, I got up to witness the chaos out of practice. The scene is always the same.

During the wee hours of this Tuesday morning, Strike Force, accompanied by institutional investigators, were rushing to a pre-selected number of cells (my cell was not chosen this time. Thank god!), banging on cell doors to confuse and disorient occupants. Inside the cells, people were forced to strip naked, lift their testicles, squat and cough, and bend over, reach back, and spread their butt cheeks (this is done in full view of officers looking from the front and behind) before handcuffing their hands behind their back. The K-9s (drug sniffing dogs) were taken into each cell to find drugs, which always create sanitary issues, because the dogs sometimes sniff, lick, and tread on our bed sheets and laundry, leaving behind dirt, drool, and possibly feces. Replacement sheets and laundry are never issued, and they weren’t this time.

Strike Force then entered and ransacked each cell in search of any contraband the K-9s couldn’t find. Their personal property, including letters and family photos, are tossed around the cell for good measure. A lot of property is trashed and confiscated.

Other strike force members searched areas in the pod – in the trash cans, in the showers, under tables, on top of ceiling lights – for contraband that may have been hidden there.

I observed the chaos for two hours before getting back in bed to sleep. I found out later that this pod, B1, had been placed on lockdown all day Tuesday for unspecified reasons. We were allowed out of our cells on Wednesday morning.

I’ve been subjected to these surprise pre-dawn raids many times during my imprisonment. And I can tell you they are quite dehumanizing and retraumatizing. Can you imagine being jolted from your sleep in the early morning, being forced to strip naked and bend over and spread your butt cheeks while a stranger stands behind you and looks in your anus for contraband? It is so humiliating and emasculating. And every time I’ve been asked to do it, something inside me (perhaps my manhood?) always makes me want to refuse. Because deep down inside, I know it is not done to find drugs, but to remind us we have no agency. And that prison staff have utter and complete control over every aspect of us, even the most intimate parts of our bodies. But refusal means a write up, a rousting, time in solitary, or more time in prison. So, what can we do?

What I and many other incarcerated folks can refuse to do is be silent by writing about these abuses and sending them out into the free world hoping they’ll change people’s perceptions of these prisons and how the people locked in these cages are being treated in the name of “public safety”.