Under Lock & Key

Sergeants here are not doing rounds and when they do they’re not signing grievances, so my grievances don’t get signed and they expire. We have to hold the shower or yard down just to get someone down to sign something. Even that doesn’t always work.

The Lieutenants and Captains feel they’re too high in rank to sign grievances, and they don’t make their Sergeants do anything. My question to you is what do I do? I’ve wrote it up and all they do is deny my allegation and find it without merit. I have a paper trail on the same issue though.

Also, our due process is being violated at Disciplinary Court. 1) The Serving Officer is refusing our court appearances because she doesn’t like us or is trying to get done early; 2) The Disciplinary Hearing Officers are not even trying to see if the prisoner is not guilty. You can’t use the camera as a witness but they can to find you guilty. They’re putting “staff eyewitness is accepted” but policy states they cannot just put that, they have to list all “evidence relied upon.” Finally, policy states you have to sign a waiver if you refuse court, but they’re getting away without that.

We can’t get a notary here, no problem solver, so most guys end up “bucking” and ultimately they lose. I know Arkansas is a little better than other prisons, but it’s not all green down here. We’re one of the few states that still do “hoe squad” for free, prisoners don’t get paid to work in Arkansas. I’m here to fight and spread the word!

MIM(Prisons) responds: It sounds like the people held at Tucker Max Unit have tried a number of different tactics to get grievances heard and have begun to assess which ones work when and how they might be improved. In that sense, you are in a better situation to answer your question of “what do I do?” than we are.

We can offer some advice for how to approach this problem. All of the tactics you mention above should be on the table. Tactics are things that we must choose day-to-day based on specific situations, and there will not always be a “right” answer. Strategy however, is our overall approach, and this can decide whether we succeed or fail. Strategically, we must rely on the masses to win. In other words, your real strength comes from collective struggle, whether that’s holding down the yard or filing 100s of simultaneous grievance petitions to state officials.

As this comrade recognized in their letter to us, there are often no quick solutions. The grievance petitions that prisoners have developed and that we distribute cannot solve the problem of oppression in prisons. They can be a tool in getting state officials to support your ongoing collective struggle.

As we recently reiterated, freedom from oppression can’t be won through the courts. The law is a tool of the oppressor. Keeping paper trails is part of the struggle to hold them to their word, which can sometimes be done, and should be done to advance the struggle of the oppressed.

Please continue to send us updates on the struggle there. We will print them on our website and maybe in ULK. This is one more tactic to expose what is going on and to share lessons with others struggling in similar situations.

Texas attorney general Ken Paxton has sued yet another organization involved in support for immigrants and immigrants rights. This is the 13th organization Paxton has used his state prosecutorial powers to sue in hopes of shutting down the organizations.

The organization in question here is different than the others in that the other organizations worked more directly at the border, organizing safe houses, and delivering food and water for passing migrants. The 13th organization is called FIEL, a Houston area organization that has been around since 2007, providing outreach resources for immigrant families and students in the Houston area.

FIEL HOUSTON has been outspoken on social media regarding the immigrant policies and bigotry coming from Texas governor Abbott and Trump. It is the social media posts Paxton is attacking with this lawsuits, seeking to shut FIEL down for purportedly violating a ban on non-profits participating or intervening in political campaigns.

Earlier this year Paxton investigated and brought suit against over a dozen organizations he or his base disagree with, particularly around the immigrant question. His other efforts failed to shut these organizations down.

In the case against FIEL Paxton targets only the group’s speech, criminal political speech opposing Trump and Abbott… If allowed to stand immigrant families in one of the most diverse cities in America will miss out on the various programs FIEL offers.

The battle against censorship is an inside outside battle.

In May of this year, Texas governor greg abbott pardoned a man named daniel perry. Some of you may remember the incident in which daniel was convicted of murder. Recall the summer of 2020. The hope, optimism and liberty many felt as they bum-rushed the streets in protest in cities worldwide decrying anti-blackness.

In the midst of this surge of proactive and progressive human energy after the murders of George Floyd, Ahmaud Arbery and Breonna Taylor, was a tag team, husband and wife duo in Austin, Texas. Austin, the state capital, was the most active and longstanding protest site in the state during that summer. In the eye of this storm was Garrett Foster and eir wife, Whitney Mitchell. Mitchell, who was confined to a wheelchair, wanted to be involved in the ground swelling movement of humynity, and would not let being confined to a wheel-chair detour em. Garrett was eir guide and aid.

Garrett and eir wife attended many of the protests that summer, mostly centered around the police headquarters and state capital in downtown Austin. Garrett, a u.$. air force veteran, routinely adorned fatigues and carried a rifle which ey was legally permitted to possess by the laws of the state. In July of 2020, while walking and escorting eir wife Whitney down Congress Avenue, Garrett and daniel got into a verbal altercation. daniel was an Uber driver and was on the job. daniel was also legally armed. daniel, behind the protection of an Uber vehicle, began revving eir engine up in order to intimidate protesters. Mr. Foster addressed this behavior verbally and after doing so, daniel rolled down the window and shot Garrett Foster multiple times, killing em.

During the pre-trial proceedings, this case, along with the case of kyle rittenhouse, received a swarm of media attention on conservative networks. The neo-confederates believed that the two white supremacists’ acts of murder had struck a blow for all of them (them being the white settler amerikans, particularly the neo-confederacy).

At that time in 2020, greg abbott appeared on the tucker carlson show and vowed that in the event of guilt ey would pardon daniel perry. In May, abbott made good on this vow and pardoned daniel perry, stating that ey “stood his ground”.

i hope this news upsets the reader. At the very least i hope this news brings you in on the not so little secret my comrades and i have long known. You wanna know what that secret is? Sure, i’ll tell you. THERE IS NO SUCH THING AS LAW, ONLY POWER STRUGGLES.

The good, if i can even call it that, is that some will see this and finally realize the illegitimacy of law in Texas and amerikan society. To understand why this was such a thrust and showcase of reactionary power, we have to understand the history of the pardon and commutation in Texas. Briefly, in the 1980’s the legislature passed measures to limit the power of the governor to pardon and commute sentences. What they passed made sure that in the case of pardons, at least 10 of 18 members of the Pardons and Parole Board, all of which are appointed by the governor, would have to recommend a pardon. All 18 members recommended the pardon of daniel perry. A spit in the face of bourgeois democracy and the bourgeois legal process. So now We can see that it’s okay not to play by the rules, this will free us of some of our handicapping hang-ups. Will you step up and commit to wrestling power out of the hands of tyranny? We All Have A Choice To Make; Power to the People! Power to New Afrika!

In 2018 the California Office of the Inspector General (OIG) investigated the grievance process at Salinas Valley State Prison. This resulted in a new process in 2020, where any grievances alleging staff misconduct in the California Department of Corrections and Rehabilitation (CDCR) would go to an Allegation Inquiry Management Section (AIMS) in Sacramento, rather than being handled by staff at the prison.(1) As we report on in almost every issue of Under Lock & Key, grievances in U.$. prisons are often ignored, denied, or covered up by staff.

One problem with this small reform is the staff at the prison was still deciding what grievances would be forwarded to AIMS. Following OIG recommendations in 2021, the CDCR changed its system for handling grievances in 2022 so that staff misconduct could be reported directly to AIMS. In March 2023, AIMS was replaced with the Allegation Investigation Unit (AIU), within the Office of Internal Affairs.

In 2010, United Struggle from Within (USW) in California initiated the “We Demand Our Grievances Are Addressed!” campaign, which has since spread across the country. We just released a petition for Indiana this year, see the report on initial campaign successes in this issue. And we just updated our petition for Texas. Since 2010, hundreds of prisoners in California have sent petitions to the California OIG and others outlining the failures of the existing grievance system and demanding proper handling of grievances. This campaign contributed, likely greatly, to the recent changes in California.

It also happens that February 2023 was the last report we have of staff in CDCR retaliating against prisoners for filing grievances (in this case for freezing temperatures).(2) So we are interested to hear from our readers how the grievance process has been working over the last year. However, the OIG’s recent report has already exposed staff misconduct since the new program was implemented.

The OIG found that in 2023 the department sent 595 cases back to prison staff to handle that had originally been sent to the AIU to investigate as staff misconduct. This was reportedly done to handle a backlog of grievances. The OIG also stressed the waste of resources in duplicating work, given that the department had been given $34 million to restructure the grievance process. In 127 of these cases the statute of limitations had expired so that staff could no longer be disciplined for any misconduct. Eight of these could have resulted in dismissal and 12 could have resulted in suspensions or salary reductions. Many other grievances were close to expiring.

Unsurprisingly, when the OIG looked into grievances that had been sent back to the prisons, many issues were not addressed, many were reviewed by untrained staff, investigations were not conducted in a timely manner (39% taking more than a year), and grievances were improperly rejected. All of these are common complaints on the grievance petitions prisoners have filed over the years.

The OIG states in their concluding response to the CDCR claims around these 595 grievances:

“The purpose of this report was not to provide an assessment of the department’s overall process for reviewing allegations of staff misconduct that incarcerated people file; that is an assessment we provide in our annual staff misconduct monitoring reports. This report highlighted the department’s poor decision-making when determining how to address a backlog of grievances that the department believed it was not adequately staffed to handle.”

<sup>Notes:
1. California Office of the Inspector General, 29 January 2024, The Department Violated Its Regulations by Redirecting Backlogged Allegations of Staff Misconduct to Be Processed as Routine Grievances.
2. AV Brown Berets, February 2023, CDCR Freezes Elderly Inmates in Retaliation of Grievance Campaigns, Under Lock & Key 81.</sup>

This question is not a matter of ancillary importance. Why? Because it seems as if after George Floyd was sadistically and undoubtedly murdered on camera for all to see by a person who was employed as a police officer supposedly standing under the motto of serve and protect (let them tell it), all of a sudden white America was finally awakened after 400 years of conveniently sleeping under the blanket of “better them than me.” (For the record of course “we know all white people are not racist”. Yeah, we know that to be a statement of gospel.)

I myself predicted seriously, when Rodney King (R.I.P) was beaten by obvious racist cops like a pair of weathered drums in Tommy Lee’s garage, that change would somehow slip through the cracks of injustice in the early nineties. However, that was daycare in comparison with what occurred on the unfortunate day of 21 June 1921 in Tulsa, Oklahoma after a Black shoe shiner was arrested for assaulting a white girl in an elevator. The Publisher of the local paper, eager to win a circulation war published a front page headline screaming, “To Lynch Negro Tonight.”

It was indeed a familiar occurrence for a Black man accused of sexually assaulting a white woman in the Deep South era. Rewind and fast forward to 21 June 1921 after the paper hit the streets an angry white mob began to gather outside of the courthouse where the Black shoe shiner (Dick Rowland) was being held (Rowland would be later released after the women refused to press charges). That alone reeks of rel-a-tion-ship. Some Blacks from the Tulsa neighborhoods of Greenwood – some were recently discharged war vets – began to descend upon the courthouse with the objective of saving Rowland from being lynched. Long story short, shots were fired and total chaos broke out. As a result over 12,000 whites were fully backed by the white police force. In all, 300 black lives were taken in vain, 1,200 homes burned to the ground and not a single (white) person arrested or ever held accountable for these untimely deaths of Black men, women and kids. To sugar coat the incident it was labeled a riot but in realty is was no less than ethnic cleansing genocide carried out on American soil. So do Black Lives Really Matter in the eyes of white America?

A couple of more Black lives in question, two of the greatest leaders to ever walk the earth, Martin Luther King Jr. and Mr. Malcolm X. At the time of their tragic assassination FBI agents were indeed on the scene under the orders of racist FBI Director J. Edgar Hoover as if they where known terrorists. J. Edgar Hoover was said to express paranoid thinking that Martin Luther King would one day turn radical and his followers would no longer turn the other cheek to the nasty side of injustice and racism. Even though up until his fatal demise he showed not the slightest hint of radicalism. Malcolm X had continuously complained to law enforcement that his life was in danger and he often requested a gun permit, which was apparently never granted.

Now the very thing that initiated this question/article in my head as I sit behind enemy lines in a cell for allegedly selling crack cocaine that conveniently was found behind a pay phone on the South Side of Dallas, Texas: Here I’ve remained for the last 20 years as if I murdered the President. Make no mistake I am not miserable nor bitter as I continue to seek justice in my case. Yeah, I was found not guilty of the exact same indictment and found guilty of the exact same offense. This is overtly obvious Double Jeopardy under the 5th Amendment. It does take 20 years for the courts to grasp this simple and clear vital error which was made purposely to get a conviction due to the fact that I refused to cop-out to a charge I was totally innocent of.

So I have educated myself since I have been incarcerated and there is no way of avoidance on behalf of the courts. Every so called law enforcement affiliate that I have relayed this information to has turned a blind eye to my situation so as of now I am in a lawless environment and failure is not an option as the system attempts to sweep me under the rug so to speak to cover their criminal activity. Now tell me, do Black Lives Really Matter?

MIM(Prisons) adds: Studying Black history like Tulsa, and current events in Palestine, the connections are clear. While the imperialists haven’t dropped any bombs on New Afrika in a few decades now, the low intensity warfare and genocide continues here in the United $tates. It is fueled by white Amerikans’ paranoid delusions, which make them fear that the oppressed might treat them as bad as they have treated the oppressed. The fact is that the Amerikan project is further along than the I$raeli project, and pacification is in full effect. But the contradictions remain, and cannot be resolved without ending imperialism. The oppressed will not see justice until then.

My fellow prisoners I am sending out this call for a massive assault upon our living conditions here in TDCJ; a massive RUIZ TYPE Lawsuit that should not only bring a change to our living conditions, but should bring about the release of thousands of us.

ORDER TO REDUCE PRISON POPULATION

On 4 August 2009, this three-judge court issued an Opinion and Order finding, by clear and convincing evidence, that crowding is the primacy cause of the constitutional inadequacies in the delivery of medical and mental health care to California prisoners and that no relief other than a “prison release order”, as that term is broadly defined by the PLRA, 18 USC 3626(g)(4), is capable of remedying these constitutional deficiencies – see COLEMAN v SCHWARZENEGGER, 2010. US.Dist.LEXIS 2711, BROWN v PLATA, 563 U.S. 493 and GRADDICK NEWMAN, 453 U.S. 923.

Each of these cases were started by prisoners in California and Alabama. We can, and must, do the same! We must do so because the conditions today are back to Pre-RUIZ. Thus, we need a massive lawsuit to bring change. Unfortunately, we must come up with a way to communicate. Since communication is often difficult to impossible I offer the following strategy: During the American slave trade, the top priority of each plantation was to ensure there wasn’t any communication between the slaves from one plantation to another. Shuttering the communication lines was, is and has always been the most effective way to control slaves/prisoners. Doing so is the dominant means of ensuring captives are not planning insurrections, escapes, revolutionary actions, and/or working together to get the very best class action suits filed in federal courts!

Ruiz was the lead plaintiff in the fantastically expensive and bitterly contested lawsuit that laid waste to the original and brutal Texas Department of Corrections (TDC, now known as TDCJ-Texas Dept. of Criminal Justice) control model. Had it not been for the benefit of the mail system the lawsuit probably would not have ever seen the light of day. During the time the lawsuit was being researched, rough drafted and crafted, the incarcerated were permitted to write each other and share notes, ideas and research of what the lawsuit should bring to the court’s attention. Needless to say, we cannot do that today. As a result, besides the recent “excessive heat” lawsuit filings by TDCJ prisoners and then taken over by the ACLU and other civil & human rights groups, there has been no sign of an effective federal suit against TDCJ since the original RUIZ in the 1970s and 1960s. The originality of the lawsuit had started with Ruiz, Fred Cruz and others of “eight hoe-squad.” It eventually fanned out to other writ-writers at several more of the 14 units/plantations in Texas. Every writ-writer in the State was either researching or actually writing up some filings to either send to Ruiz’s eight hoe-squad crew consideration.

From the disciplinary block of the Wynne Plantation, Ruiz’s document traveled first to Judge William Wayne Justice’s court house in Tyler. He sent eight illustrative complaints to the New York offices of the NAACP’s Legal Defense Fund to solicit representation for the indigent Plaintiffs. The rest is history. Unfortunately, we cannot write to one another, nor can we expect the fair treatment of a William Wayne Justice. We must come with overwhelming clear and convincing evidence for these ultra conservative judges. To make this point clear, I offer the following example, which is a case I personally litigated from here on the Coffield Unit. They put Armour on the Medical Chain, kept him away for about six months and played the chase-mail game with his mail. They handled us real ruff:

“Armour attached in his response a newspaper article, purportedly from a publication called the Texas Tribune, saying that TDCJ Director Bryan Collier testified in a court hearing that TDCJ failed to monitor temperatures on units where the agency houses inmates who are supposed to be protected by a settlement agreement covering the Pack Unit. Armour also attached four pages, 11, 12, 47 and 48, which are purportedly from a document called the Human Rights Report from the University of Texas. These documents recite from interviews with inmates about the heat, claim that TDCJ is aware of”inhumane conditions”, and sets out the conclusions and recommendations of the unnamed authors of the “report.” The Defendants have filed a motion asking that the article from the Texas Tribune and the excerpted pages from the Human Rights Report be stricken as hearsay. The Fifth Circuit has stated that newspaper articles are classic, inadmissible hearsay and cannot be used to defeat summary judgment.”

Please read ARMOUR v DAVIS, 2020 U.S.DIST-LEXIS 94986, and see that in addition to this the Judge claimed that 406-Affidavits of prisoners were not part of the record.

Thus, it is my hope that us jailhouse lawyers across the State of Texas will file lawsuits about our living conditions, and in the future we will attempt to get them consolidated and/or attempt to get the Justice Department to intervene. Also, I urge each of you to contact the National Lawyers Guild. They have four lawsuits that they are attempting to get Affidavits from all the units in TDCJ about the complaints they have filed: BAKER v COLLIER, 1:22-cv-01249, PANUS v O’DANIEL, 1:23-cv-00086, SIRUS v RELIGIOUS PRACTICE COMMITTEE, 1:22-cv-00191 and COX v COLLIER, TBA.

So, as the story unfolds, “mail-call” has lost the most important part of its strength when it comes to incarcerated individuals uniting as one band or group of people to fight the injustices of a system that holds them in perpetual bondage, whether that’s physically in prison or by means of supervised release to parole/probation. Let us not allow the lack of the ability to communicate to prevent us from carrying out the next multi-level federal case!

DARE TO STRUGGLE! DARE TO WIN!

MIM(Prisons) responds: We print this article for the information it contains, not necessarily to echo the call of this comrade. This comrade has a proven track record of legal campaigns. Those who operate strictly in the legal realm, whether jailhouse lawyers or organizations like the ACLU, can be comrades in united front with demands of the anti-imperialist movement.

What the comrade doesn’t address here is why we are back to conditions as bad as before the Ruiz case. The short answer is, there are no rights, only power struggles. We live in a system where the minority oppresses the majority. As long as that is true, the majority can never sit idly and have their needs met. They must struggle for them.

As this comrade is calling for a coordinated struggle, we agree. But it cannot be relegated to the courtrooms. That is why we did promote and support the Juneteenth Freedom Initiative in Texas prisons, which had a multi-pronged approach that was based in organizing the prison masses. The state seems to have won that round, but that is the type of strategy we need. Just as the International Criminal Court is not going to stop the genocide in Palestine, nor are peaceful protests in the United $tates, but they provide agitational support for the ongoing liberation struggle being fought on the ground by the masses. All of these forces are part of a united front effort, with different political approaches, supporting a common cause of ending genocide.

Within the New Afrikan Independence Movement (NAIM), when We think of Hinds County Mississippi, We often think of El-Malik, or many of Our movement elders building independence for Our people in the heart of dixie. On December 18th, NBC News published the identities of 215 buried bodies that had been secretly hidden behind the Hinds County Penal Colony in a ‘paupers’ graveyard. These 215 people were all buried there between 2016 and December 2023. In total 672 people were buried at this location. Although each of the 215 graves were marked by a metal pole with a number attached indicating unclaimed or unidentified remains, in truth each one of these 215 people were identified by the Hinds County officials and were only unclaimed because officials did not attempt to notify kin of the deceased.

The Wade Family

Of the hundreds of the affected families one of the most striking stories is that of the Wade family, whose matriarch Bettersten Wade was instrumental in bringing the existence of the secret graveyard, next to the jail, to public attention.

In 2019, Jackson pigs pulled over Bettersten’s brother, pulled em out of eir car and slammed em to the ground in such a way that it caused eir death. Eir sister, Bettersten Wade, became a recognizable figure in the local Jackson community as ey waged a relentless public battle to advocate for prosecution of the pigs who were responsible. One of the pigs was convicted of manslaughter and sentenced to a mere five years. Subsequently, Bettersten Wade filed a wrongful death suit against the Jackson Police Department, this lawsuit is ongoing and has been highly publicized in the local news.

On 5 March 2023, Bettersten Wade’s 37 year-old son, Dexter Wade, left home with a friend but never returned. Bettersten Wade filed a missing person’s report and continuously contacted Jackson and Hinds County officials for months but never got a reply. Then, five months after the fact, an investigator came to eir home to inform em of Dexter’s death.

The story coming from the pigs is that an hour after leaving home, Dexter was hit by a police vehicle driven by an off-duty pig. The illegitimate authorities claim they’ve been unable to reach Ms. Bettersten Wade for months, despite finding Dexter’s wallet with eir I.D. and Ms. Wade’s address, and with Ms. Wade being a known local figure due to eir struggle against police murder of eir brother. Nevertheless, Dexter’s body was buried behind the jail with the number 672 stuck to the pole. To make matters worse, once Ms. Wade found the burial plot ey was told ey would have to pay $250 to the county to have eir son’s remains retrieved, as eir body was considered property of the state of Mississippi!

Ms. Wade and eir lawyer requested to be present when the body was examined, and ey was denied even that dignity and eir humyn courtesy. Dexter’s remains were not embalmed, nor put in a casket, but were stuck in a bag causing rapid decomposing in a shallow grave. When Ms. Wade and eir lawyer arrived the remains of Dexter had already been dug up, “breaking the chains of custody” necessary to determine Dexter’s actual cause of death.

From the results of a later independent autopsy, Dexter Wade’s body was in an advance state of decomposition, showed multiple blunt force injuries to the skull, ribs, and pelvis; in addition eir left leg was completely amputated from eir body. Eir body had been completely ran over by a police vehicle. By secretly burying the body without notifying the family, it makes it unlikely that the official findings of “accidental death” could later be questioned. Number 672 was never meant to be uncovered. But ey was. And the hidden horrors connected to Dexter’s death and burial would subsequently lead to many more families coming forward, finding missing loved ones secretly buried in Pauper’s graveyard behind the prison.

The striking similarities between the Emmett Till murder and attempted cover-up among county and state officials, and this contemporary tragedy highlight the ever present need for programs for decolonization in Jackson and the National Territory more generally. Each tragedy and struggle the people experience in which the inadequacy and/or corruption of the U.$. colonial government can be implicated is an issue We can organize around to intensify the class struggle for national unity.

Intensify the class struggle for national unity

Our lives depend on it!

Re-Build to win!

I have been doing time in Alaska off and on since 2004. I’ve seen all the dirty tricks the crooked C.O.’s use to violate our constitutional rights. I’ve seen one generation of crooked cops hand down their dirty tricks to the next. I see them violate our rights to the point prisoners don’t know their rights are being violated. As Hitler said, “if you tell a big enough lie often enough people will believe it…” It’s time we stand up and take our rights back. The two biggest Due Process violations are the failure to have witnesses physically present at the disciplinary hearing and the failure to permit requested evidence in the accused favor.

It is the law in the 9th circuit that witnesses must appear at a prisoners disciplinary hearing, (Bartholomew v. Watson, 665 F.2d 915, 917-18 (9^th Cir. 1982)). And that they may not use interviews to substitute for live witnesses (Mitchell v. Dupnik, 75 F.3d 517, 525-26 (9^th Cir. 1996). The blanket denial of live witnesses is impermissible, exclusions must be justified individually (Serrano v. Francis, 345 F.3d 1071, 1079-80 (9^th Cir. 2003)).

However, in the past 20 years the Alaska Department of Corrections (AKDOC) has denied all live/physically present witnesses other than the crooked cops themselves! In the face of clearly established Constitutional law the crooked cops only permit written interviews of our witnesses. The answer we get most often is, “that’s just not how we do things.” When or if we appeal, our appeal on this point is denied without reason.

Instead of throwing our hands up in hopeless despair, I encourage you to file your administrative appeal with the court after you exhaust your appeals with the AKDOC. There was an attorney who retired about 7 years ago, Jon Buckholtt, who would do administrative appeals for prisoners, about 100 per year. Cases have been reversed and then expunged on this point alone.

I also would encourage you to contact your local ACLU and/or file a §1983 civil rights claim. Take back your rights!

“without understanding carceral spaces as zones of undeclared domestic war, zones that are inextricably linked to imperial and officially acknowledged wars abroad, we cannot fully understand how and why the U.S. became the global leader of incarceration that it is today.” (1)

Tip of the Spear is the story of the organization and flourishing of resistance to American imperialism as it developed in the New York state prison system in the 1960s and 1970s, including the time well before the four days of Attica in 1971. Professor of anthropology Orisanmi Burton does many things in this book, a lot of which we’ll only be able to mention briefly or not at all, but MIM(Prisons) has already sent out many copies of this book and is prepared to send out many more to enable further study and discussion of Burton’s very worthy research and ideas.

We are asking our readers to send their own feedback on this book, to write up their own local histories or stories applying the framework below, and to popularize this understanding of U.$. prisons as part of the imperialist war on the oppressed peoples of the world that we must unite against.

Prisons are War

Burton begins his investigation with George Jackson’s observation that Black people “were defeated in a war and are now captives, slaves or actually that we inherited a neoslave existence.” (2) Prison conditions don’t originate in the law or in ideas but in the historical fact of defeat in a war that still continues.

But what kind of war is it? One side surrounds the other and forces it to submit daily, the way that an army laying siege to a city tries to wear down the resistance of the population. These sieges include not just starving prisoners of food but of social life, education, and culture. In maintaining its rule the state uses the tools of counterinsurgency to split the revolutionary ranks, co-opt the cause and re-establish its rule on a more secure level. On the other side, the prisoners have themselves, their ability to unite and organize in secret, and their willingness to sacrifice for the cause – the attributes of a guerrilla army. (3)

Burton spends an entire chapter, “Hidden War,” laying out the strategies the state pursued when its naked brutality failed to prevent prisoner organization and rebellion. After the smoke cleared at Attica and wardens, politicians and prison academics had a chance to catch their breath, they settled on four strategies to prevent another Attica from happening: (4)

One, prisons were expanded across the state, so that density was reduced and prisoner organizing could be more effectively disrupted. If a prisoner emerged as a leader, they could be sent to any number of hellholes upstate surrounded by new people and have to start the process all over again. The longer and more intense the game of Solitaire the state played with them, the better. We see this strategy being applied to USW comrades across the country to this day.

Prisons were also superficially humanized, the introduction of small, contingent privileges to encourage division and hierarchy among prisoners, dull the painful edge of incarceration somewhat, and dangle hope. Many prisoners saw through it, and Burton makes the point that the brief periods of rebellion had provided the only real human moments most prisoners had experienced during their time inside. For example, Attica survivor, John “Dacajeweiah” Hill described meeting a weeping prisoner in D yard during the rebellion who was looking up at the stars for the first time in 23 years. (5) Burton sums this up: “the autonomous zones created by militant action… had thus far proven the only means by which Attica’s oppressive atmosphere was substantially ameliorated.”

Diversification went hand in hand with expansion, where a wide range of prison experiences were created across the system. Prisons like Green Haven allowed prisoners to smoke weed and bring food back to their cells, and permitted activities like radical lectures from outsiders. At the same time, other prisons were going on permanent lockdowns and control units were in development.

And finally, programmification presented a way for prisoners to be kept busy, for outsiders (maybe even former critics of the prison system) to be co-opted and brought into agreement with prison officials, and provide free labor to keep the system stable by giving prisoners another small privilege to look forward to. To this day, New York, as well as California and other states, require prisoners who are not in a control unit to program.

All of this was occurring in the shadow of the fact that the state had demonstrated it would deploy indiscriminate violence, even sacrificing its own employees as it had at Attica, to restore order. The classic carrot-and-stick dynamic of counterinsurgency was operating at full force.

Before Attica: Tombs, Branch Queens, Auburn

Burton discusses Attica, but doesn’t make it the exclusive focus of his book, as it has already been written about and discussed elsewhere. He brings into the discussion prison rebellions prior to Attica that laid the groundwork, involved many of the same people, and demonstrated the character of the rebellions overall.

The first was at Tombs, or the Manhattan House of Detention, where prisoners took hostages and issued demands in the New York Times, denouncing pretrial detention that kept men in limbo for months or years, overcrowding, and racist brutality from guards. Once the demands were published, the hostages were released. Eighty corrections officers stormed the facility with blunt weapons and body armor and restored order, and after the rebellion two thirds of the prisoners were transferred elsewhere to break up organizations, like the Inmate Liberation Front, that had grown out of Tombs and supported its resistance. (6) Afterwards, the warden made improvements and took credit for them. This combination of furious outburst, violent response and conciliatory reform would repeat itself.

Next Branch Queens erupted, where the Panther 21 had recently been incarcerated. Prisoners freed them, hung a Pan-Afrikan flag out of a window, took hostages and demanded fair bail hearings be held in the prison yard or the hostages would be executed. The bail hearing actually happened and some of the prisoners who had been in prison for a year for possibly stealing something were able to walk out. The state won the battle here by promising clemency if the hostages were released, which split the prisoners and led to the end of the rebellion. Kuwasi Balagoon, who would later join the Black Liberation Army, was active in the organization of the rebellion and learned a lot from his experiences seeing the rebellion and the repression that followed after the state promised clemency. (7)

At Auburn Correctional Facility on November 4th, Black prisoners rebelled and seized hostages for eight hours. Earlier, fifteen Black prisoners had been punished and moved to solitary for calling for a day off work to celebrate Black Solidarity Day. After the restoration of order, more prisoners were shipped away and the remainder were subject to reprisals from the guards.

In each case, prisoners formed their own organizations, took control, made demands and also started building new structures to run the prison for their own benefit – even in rebellions that lasted only a few hours. After order was restored, the state took every opportunity to crush the spirits and bodies of those who had participated. All of this would repeat on a much larger scale at Attica.

Attica and Paris: Two Communes

Burton acknowledges throughout the book a tension that is familiar to many of ULK’s readers: reform versus revolution. He sees both in the prison movement of the 1960s and 1970s in New York, with some prisoners demanding bail reform and better food and others demanding an end to the system that creates prisons in the first place. But in telling the story of Attica and the revolts that preceded it he emphasizes two things: the ways reforms were demanded (not by petitions but by organized force) and the existence of demands that would have led to the end of prisons as we know them. On Attica itself, he writes that the rebellion demanded not just better food and less crowded cells but the “emergence of new modes of social life not predicated on enclosure, extraction, domination or dehumanization.” (8) In these new modes of social life, Burton identifies sexual freedom and care among prisoners emerging as a nascent challenge to traditional prison masculinity.

Attica began as a spontaneous attack on a particularly racist and brutal guard, and led to a riot all over the facility that led to the state completely losing control for four days starting on September 9th, 1971. Hostages were again taken, and demands ranging from better food to the right to learn a trade and join a union issued to the press. Prisoners began self-organizing rapidly, based on the past experiences of many Attica prisoners in previous rebellions. Roger Champen, who reluctantly became one of the rebellion’s organizers, got up on a picnic table with a seized megaphone and said “the wall surrounds us all.” Following this, the prisoners turned D Yard into an impromptu city and organized their own care and self-defense. A N.Y. State trooper watching the yard through binoculars said in disbelief “they seem to be building as much as they’re destroying.” I think we’d agree with the state trooper, at least on this. (9)

Burton’s point in this chapter is that the rebellion wasn’t an attempt (or wasn’t only an attempt) to get the state to reform itself, to grant rights to its pleading subjects, but an attempt, however short-lived, to turn the prisons into something that would be useful for human liberation: a self-governing commune built on principles of democracy and solidarity. Some of the rebels demanded transport to Africa to fight the Portuguese in the then-raging colonial wars in Mozambique and Angola, decisions were made by votes and consensus, and the social life of the commune was self-regulated without beatings, gassings and starvation.

Abolition and the Concentric Prison

Burton is a prison abolitionist, and he sees the aspirations of the Attica rebels at their best as abolitionist well before the term became popular. But he doesn’t ignore the contradictions that Attica and other prison rebellions had to work through, and acknowledges the diverse opinions of prisoners at the time, some of whom wanted to abolish prisons and some of whom wanted to see the Nixons and Rockefellers thrown into them instead. (10)

The Attica Commune of D Yard had to defend itself, and when the rebelling prisoners suspected that some prisoners were secretly working for the state, they were confined in a prison within a commune within a prison, and later killed as the state came in shooting on the 13th. There was fighting and instances of rape among the prisoners that freed themselves, and there were prisoners who didn’t want to be a part of the rebellion who were forced to. And the initial taking of the guards constitutes a use of violence and imprisonment in itself, even if the guards were treated better than they’d ever treated the prisoners.

Burton acknowledges this but doesn’t offer a tidy answer. He sees the use of violence in gaining freedom, like Fanon, to be a necessary evil which is essential to begin the process but unable to come close to finishing it. Attica, even though it barely began, provides an example of this. While violence is a necessary tool in war, it is the people organized behind the correct political line in the form of a vanguard party that ultimately is necessary to complete the transformation of class society to one without oppression.

Counter-intelligence, Reform, and Control

The final part of the book, “The War on Black Revolutionary Minds,” chronicles the attempts by the state to destroy prison revolutionaries by a variety of methods, some more successful than others, all deeply disturbing and immoral.

Some of the early methods involved direct psychological experimentation, the use of drugs, and calibrated isolation. These fell flat, because the attempts were based on “the flawed theory that people could be disassembled, tinkered with, and reprogrammed like computers.” (11) Eventually the state gave up trying to engineer radical ideas out of individual minds and settled for the solution many of our readers are familiar with: long-term isolation in control units, and a dramatically expanding prison population.

There is a lot else in this book, including many moving stories from Attica and other prison rebellion veterans that Burton interviewed, and who he openly acknowledges as the pioneering theorists and equal collaborators in his writing. Burton engages in lengthy investigations of prisoner correspondence, outside solidarity groups, twisted psychological experiments, and many other things I haven’t had the space to mention. We have received a couple responses to the book from some of you already, which the author appreciates greatly, and we’d like to facilitate more.

^Notes: 1. Burton, Orisanmi Tip of the Spear: Black Radicalism, Prison Repression, and the Long Attica Revolt p. 19 All citations will be of this book unless otherwise specified.
2. Jackson, Soledad Brother, 111–12 cited in Burton p. 10
3. p. 3
4. pp. 152-180
5. Hill and Ekanawetak, Splitting the Sky, p. 20. cited in Burton, p. 107
6. p. 29
7. p. 48
8. p. 5
9. pp. 88-91
10. p. 95
11. p. 205^

Seems clear that the United State’s lurch to the right is a done deal. On a quantitative scale, how much so is still an open question, but it is an astonishing thing to see and one we better get better at grappling with.

The Biden administration has recently vetoed a UAE brought emergency meeting to vote on a Gaza ceasefire in Israel’s “unceasing” assault on Gaza. Time magazine of 10 December 2023 and virtually all U.S. media describe it as a campaign to eliminate Hamas. Always the materialists, they never forget to remind that it is due to Hamas terrorist attack of October 7, its alleged sexual assault and taking of hostages etc. In fact, U.S. ambassador to the U.N. Robert A. Woods states as his reasons for vetoing this emergency resolution that it was “an imbalanced resolution that was divorced from reality and would not move the needle on the ground in any concrete way.”

Woods goes on to state the U.S. couldn’t understand why the authors declined to include language condemning “Hamas’s horrific terrorist attack” and “the resolution failed to mention Israel’s right to defend itself.” Indeed the U.S. did propose adding language about its “role in diplomacy, increased opportunities for humanitarian aid, encouraging release of hostages, the resumption of pauses in fighting, and laying the foundation for peace” the Time article wrote. But Wood says the “recommendations for peace were ignored.”

The Time article was further confirmed by a clip of Wood’s speech aired on Democracy Now! (11 December 2023), which then went on to play a clip of Jamie Raskin’s outrage of U.S. society’s obvious lurch to the right in regards to the ousting of an MIT president for trying to defend bourgeois free speech. However, Democracy Now! makes no mention of Raskin’s earlier calls for the need of Israel to eliminate Hamas or his refusal to call for an immediate peace agreement or even his stance on the UN resolution for an immediate cease fire. All this clearly, even on the part of such petty bourgeois outfits as Democracy Now! to accept and adjust to this obvious social shift, but still find some space to claim to be left or progressive etc. It should be noted Amy Goodman often has Raskin on to help her with her Trump and MAGA bashing and to tell people to vote for their democracy.

Back to Woods, he states the U.S. wants a 2 state solution, but doesn’t support an immediate ceasefire as “this would only plant the seeds for the next war because Hamas has no desire to see a durable peace, to see a 2 state solution.” This stupid equivocation could only be logical to a bully on the verge of victory. Recall he told the same council it was due to the resolution not giving the U.S. its props for all the fine things, like 4 hour “humanitarian pauses” and the U.S. aid for Palestinians, not being in the resolution.

A “good thing” one could point to is how isolated the U.S. is on this and the exposure of its hypocrisy on a world scale. Palestinian Authority President Mahmoud Abbas stated after the U.S. veto that the U.S. is “complicit in war crimes” and the vote was “aggressive and immoral.” China’s U.N. rep Zhang Jun accused the U.S. of “double standards”, “claiming to care about the lives and safety of people in Gaza.” Russian U.N. rep Dmitry Polyansky stated “our colleagues from the U.S. have literally before our eyes issued death sentences to thousands if not tens of thousands more civilians in Palestine and Israel.”

Even domestically, social democrat Bernie Sanders, who has consistently (see below) refused to call for a ceasefire up to now, now states the “U.S. should not be vetoing a U.N. (ceasefire) resolution.” He goes on to his usual duplicitous doublespeak stating “children need food” and “it’s imperative - it remains imperative that Israel puts a premium on civilian protection.” Social democrat Alexandria Ocasio-Cortez (A.O.C.) went even farther: “Shameful. The Biden Administration can no longer reconcile their professed concern for Palestinians and their human rights while also single-handedly vetoing the U.N.’s call for ceasefire and sidestepping the entire U.S. Congress to unconditionally back the indiscriminate bombing of Gaza” (Newsweek, 9 December 23)

As for the above comment of “sidestepping” Congress, she is referring to the 13,000 plus, worth $106 million, of tank ammo sold to Israel that Secretary of State Blinken et. al managed to get to Israel in an emergency sale. The Biden administration additionally has a $100 billion package in aid for Israel, Ukraine, and “other national security priorities.” So A.O.C. is likely to get her wish. As to why this sale required “sidestepping” Congress, Blinken stated, “The needs of Israel’s military operation in Gaza justifies the rare decision to bypass Congress.” He goes on, “Israel is in combat right now with Hamas and we want to make sure Israel has what it needs to defend itself against Hamas,” hence the $106 million sale of 13,000 plus ammo (shells) to Israel.

And in case anyone missed it the larger bill which needs Congressional approval is tied to the U.S. immigration issue and its border, “National Security”.

On 10 December 2023, Mitt Romney stated on Meet The Press that Biden didn’t have to tie the border policy issue to the Ukraine issue. But he did so now the Republicans will be holding him to it. Biden, obviously acknowledging he must move to the right, has recently hinted he is willing to make significant compromises on the border. He seems to be saying he needs to be able to say he had no choice. J.D. Vance has stated, “What will $60 billion (going to Ukraine alone) more do that $100 billion hasn’t done?”

In both of the last 2 presidential candidate debates, Vivek has stated he will be smoking the terrorists on the southern border and “Bibi” has to do the same.

Something we can’t go into here but worth mentioning is the conservative Center for Renewing America’s Project 2025 handbook, which is a 1,000 page “Let’s finish what we started” playbook, which is part of the Heritage Foundation’s think tank. This involves many “right flank” organizations, many new to mainstream bourgeois politics. This is to do away with the “deep-state” and in doing so avoid Trump’s 1st term pitfalls of being thwarted by those not willing to go as far as he wished. The point made here is that all Democrats and ol’ fogey Republicans realize this shift is very real and it seems a little conscious compromise is a tactic the bourgeois left is making for its own reasons. Late capitalism is not running on fumes though pixie dust no longer seems to suffice. Now the machine requires the flesh and blood of little boys and girls.

Recently heard our old friend Bill Fletcher on KPFA’s Sunday Show (10 December 2023) saying, like always, 3rd parties are a waste of time, must vote for the Democrat even though he agrees it is genocide in Gaza and Biden administration was wrong for their U.N. veto. Again, according to Fletcher, we must do as he suggested the first time and push Biden to the left.

If only Mao was here and could fight our battles for us. Obviously no real revolutionary is saying this but in practice we are saying these are not revolutionary times and I contend this is why we’re in this situation. Yes these are revolutionary times. We simply must learn and apply the stages of revolution. We may be limited by majority having no current interests in revolution. But we are in no position to be talking about a majority any way. We clearly accept objective factors. Even MIM’s 3 dividing line principles.

But contradictions (all) carry within them their very opposite. It’s a unity of opposites, mere “identity”, not absolute of contradictions. We indeed should be pushing some to the left but not bourgeois politicians who would have no interest in social change in any situation but our own nations, prison class, musicians. And we definitely should be serious about drawing clear distinctions between ourselves and the bourgeoisie with its values and world outlook. This is simply accepting the phase of revolution we’re in. Too many fear armed struggle and fear its adventurist aspects. I contend this means to fear the people or at the very least fear they are unable to grasp revolutionary theory or its requirements.

We’re in the middle of it. This rightward shift is but a shift no more to my mind than a deeper neo-Liberal shift. Only by relying on the bourgeoisie and the fakes should we care if its a rightward shift or leftward shift. Especially if out of our control.

From the outset of this flareup and resulting genocide of Palestine the pretensions of the left media and settler nations obvious new center of gravity has led it to pretend the U.S. is at least grappling with the moral consequences of innocent civilians. Yet Blinken, Biden, and Sanders as well as virtually all bourgeois outlets and mouthpieces have stated “Israel has an obligation to defend itself” Blinken 13 October 2023, Biden “Israel has the right to respond, indeed has a duty to respond” 10 October 2023, and 300 former staffers of Sanders asked Sanders (very nicely) to support a ceasefire saying “We believe in you.” In mid October, Jamaal Bowman was roundly condemned for going to Israel, to see the apartheid for himself, by A.O.C.’s and Sander’s Democratic Socialist of America (DSA). Even MSNBC’s Al Sharpton states “Gaza is not occupied.” We could literally go on and on about how this lurch is not only acknowledged but immediately dressed up and condoned by all progressives, leftists, moderate Republicans, and a great majority of this settler nation.

In the backdrop is always Trump, the MAGA movement, and settler nation chauvinism. Beside Project 2025 mentioned above, recently Trump announced the need for “ideological screening” to “bar Christian hating communists and Marxists” stating “those who come to our country must love our country.” Such is already the practice in Israel. Trump goes on to list things that would be grounds for disqualification: “If you want to abolish the state of Israel you’re disqualified”… Again we encourage all to check this out because this shift is now much bigger than any individuals or even movements. Trump was one of the first to congratulate the Congresswoman who held the 3 college presidents to these new standards.

As stated we are very much in “heightened contradictory times.” Not having the right line on the make up of the U.S. and world economy, nature of settler society, neo-Liberalism, following idiotic communists, and being afraid to rely on ourselves and our own nation has led to very bad practice for years and deprived our people of a prepared and organized fighting force. Lurch to the right or revolution.