August 30, 2016
Words of wisdom for Sept. 9
by Anthony Robinson
Published originally in the SF BayView: http://sfbayview.com/2016/08/the-key-or-the-peephole-a-look-inside-the-prison-industrial-complex-and-where-movements-should-go-from-here/
“Therefore my people have gone into captivity. Because they have no knowledge; their honorable men are famished. And their multitude dried up with thirst.” – Isaiah 5:13
To the prisoner or the man in prison, what is being free? For the man behind bars attempting to fight off conditions and circumstances meant to chain his mind and spirit, if he has not defined for himself what freedom means and what value it has, determined by the price he is willing to pay for it, then the circumstances of his chains have a self-efficacy so inherently designed that his causes and solutions will be written on the locked door of his plight and his prayer for relief will result in asking for a tiny peephole wherein he might peek out to view his brother’s steel cage rather than demanding a key to open his own.
“The great enemy of the truth is often not the lie – deliberate, contrived and dishonest – but the myth – persistent, persuasive and realistic.” – John F. Kennedy
I define the term “mythical reality” as a situation where one class of people, usually the down-trodden (prisoner class), know a reality – usually violence, racism, prejudice etc., to be true by experience – while another class, usually bureaucratic oppressors (prison officials), tries to control the perception and narrative of the other class by forms of exploitation offered by their resources and privilege.
Your confliction will direct your influence: If you are not careful to come up for air and take a moment to clear your head as you face the dynamics of “sink or swim” situations that have become the routine patterns of your existence, could it be that the California Prisoners Movement has become so bunkered down in combatting the infantry effects of the prison industrial complex that we have not considered routing our forces at the cause and finally ending or at least gaining an advantage in the conflict?
Don’t get me wrong; there have been victories in the prison movement, not just in California, but other states as well. But I often wonder, has the prison industrial complex had a hand in dictating our causes by controlling our conflictions?
The Ashker decision was great, the five core demands are all good, but how come we are not writing our own regulations and attacking the “STG” scheme in totality? We know from its inception it was designed to isolate and entrap prisoners with the God given talent to awaken the prisoner class to the exploits of the system and provide those willing to organize for change with practical alternatives to prison enslavement.
How come we are not demanding that California Prisoners serving 85 percent be given an opportunity, through practical application of rehabilitative programs, to earn milestones and early parole eligibility the same as other similarly situated classes of prisoners serving time? Why allow the 85 percent prisoners to be discriminated against and denied equal protection?
The old argument made every time violent offenders are put on the ballot for early release and time reduction opportunities, the prison industrial complex runs the same old ads about soft on crime legislators letting criminals loose to rape and pillage communities. This argument has become so cemented in the minds of prison advocates that they think they are doing the Prisoner Human Rights Movement a favor by not introducing legislation for violent offenders, once again allowing our causes to be dictated by the control of our conflictions.
The American Legislative Exchange Council (ALEC) is the moving force that privatizes criminal statutes for financial gain and profit, and they receive their funding from major corporations. If they can legislate for profit, why can’t we legislate for freedom?
The prison industrial complex is built upon and operates via a commercial framework. When a prisoner does any “work” or “labor” in the system, he reinforces and substantiates the prison system’s position over him. When friends, families and outside advocates do business with corporations and banks that have their hand in the American cookie jar of exploitative prison profiteering and labor, they are investing in more prisons, harsher sentences, Jim Crow laws, and tactical militarized training aimed at prisoners and urban communities.
For those of us who claim to want a solution to the problem, we have to seriously look into the mirror of reality and remove our own actions from reinforcing the problem. And if we think that the U.S. courts are not functioning to reinforce this system and cut themselves a slice of this industrial pie, then our naiveté has been one of our biggest crimes. Pay careful attention to the following excepts from a Jean Keating seminar on prisons:
“A condensed version of what is going on is that CCA as a corporation creates or issues stock certificates based on prison population – goods or chattel as they are called in commercial law. The underwriter is the one who buys the stock from the issuer, the CCA, with intent to resell it to the public or an entity or person – usually an investment banker. The investment banker purchases all or part of the shares of the stock for resale to the public in the form of newly issued investment securities based on the shares of stock. Brokerage houses and insurance companies bid on the investment securities with a bid bond issued by the GSA. The bid bond is then indemnified by a surety company through performance and payment bonds. The bid, performance and payment bonds are then underwritten by the banks as investment securities for resale to the public. …
“This system permeates the fabric of our society.
“Go to a search engine and type in U.S. courts. Go to the court links and click to see a map of the circuit courts. Click on 7th Circuit, and a list of the 7th and 8th Circuit Courts will appear. Click on Illinois Northern District Court, then click on Clerk’s Office, then go to Administrative Services, then to Financial Department. You will see Criminal Justice Act, Post Judgment Interest Rates and a list of sureties. Click on Sureties; it will take you to fms.treas.gov. There on the left side you will see the sureties listing, admitted reinsurers and forms. Click on forms and you will see Reinsurance Agreement for a Miller Act Performance Bond SF 273, and a SF 274 Payment Bond and a Reinsurance Agreement in favor of the United States SF 275 and a list of admitted reinsurers, pools and associates. You will also see a list of the Department of the Treasury’s listing of approved sureties.
“U.S. District Courts are buying up the state courts’ default judgments, where you refuse to pay or dishonor the debt. …
“(P)risons are repository institutions or facilities for securities (prisoners) as collateral for the public and national debt. The prisoners represent asset or repository money for the bid, performance, and payment bonds. The prisons are referred to as credit facilities, institutions or repositories. They function essentially the same way that a depository bank does under 17 CFR Sec 450. The prisons are acting in the capacity of a fiduciary or custodian over government securities. …
“(I)n addition to being a repository bank with prisoners being the assets, collateral or securities of the bid, performance and payment bonds, the prisoners are the actual reinsurance or surety and their sentence represents the valued and marketable risk involved with the materials, supplies and cost factors involved with the guaranteed performance and payment relative to the bonds. This is termed ‘assumed risk’ in insurance and represents a present peril, hazard or danger of loss, due to their dishonor and default judgment in court. That is why there is penal sum or clause attached to each bond for non-performance and payment of the bonds. …
“By legal definition all of your federal and state ‘statutes’ are bonds or obligations of record and are represented in the courtroom by the recognizance bond, which is a bond of record or obligation for the payment of debt.” (See Jean Keating’s “Prison Treatise.”)
And here we are as a prisoner class investing our energy and intellectual capital in studying and researching their copyrighted federal statutes/bonds to petition the courts to overturn intentionally exploitative sentences. Remember, a prisoner’s “sentence represent the valued and marketable risk involved with the materials, supplies and cost factors involved with the guaranteed performance and payment relative to the bonds.” Why would they willingly let you go when your sentence represents “valued” and “marketable” risk? Marketable means they are still utilizing it for sale, trade and exploitation. Why would they let you go?
While it is true that a small fraction of prisoner petitions are granted relief, that is nothing more than a ploy manufactured to convince the masses to put their faith and credit in the “justice” of the system. Even the majority of prisoners seem to have fallen for this tactic. For every 10 petitions that get granted, 10,000 get denied.
My own case provides a perfect example. Locked up at the age of 18, too indigent to afford my own counsel, I was exploited by a public defender, Keith Arthur, who signed my plea two months before I did, and rabid dog Deputy District Attorney Victoria Rose. I was coerced to sign a plea that waived Penal Code 654.5 Multiple Punishment/Double Jeopardy Prohibition in order to be punished for both robbery and carjacking and given an enhancement (use of firearm) for both, even though by the penal codes, statutes, and legislature’s intent, this is fundamentally against the law. What type of counsel coerces a client to waive a penal code in order for them to be punished for more time on their sentence and be given two strikes when they had none?
I’ve put in six petitions or writs with sound, on-point arguments showing a prima facie cause for “relief.” All have been denied. I even challenged the plea as an invalid contract because “The Declaration in Support of Plea” was never signed by the judge. The judge never signed the contract to substantiate the “Court’s Findings” which reads: “The Court having reviewed this declaration and questioned the defendant in open court, finds that the defendant has voluntarily and intelligently waived his constitutional rights, that these pleas and admissions are freely and voluntarily made, and that the defendant understands the nature of the charges and the consequences of these pleas and admissions. The Court finds a factual basis for the pleas and admissions, accepts them, and the defendant is hereby convicted on his plea.”
If there was a “factual basis” for the plea, why would a Judge not sign the declaration of the court’s findings? He didn’t sign it because he didn’t want the bond liability on the waiver of Penal Code 654, which is illegal. This type of exploitation by those who are supposed to be the “custodians” of justice is all too common in their system on a daily basis. They have the whole country fooled into thinking it’s about crime prevention, law and order, when in fact it’s about exploiting an “underclass” and sending them to their repository warehouse facilities where we can be investment securities to finance public debt!
Now we understand why prison officials are allowed to add time to our sentences just by writing “rules violation reports” with no preponderance of evidence substantiating the charge other than the “report” itself. Any “hearing” procedure empowered with the ability to add time to your sentence should be upheld by exercising judicial standards, but we know from experience that these kangaroo “hearings” have no standards close to judicial. You are already found guilty based on the “report” before stepping into the hearing. Just like on the streets, you are found guilty when the indictment (commercial investment) is signed. Remember, the more time they give you in any of their courts, tribunals or hearings, the more they can value and market the investment securities.
In light of gaining some insight on what kind of system we are dealing with, where do we go from here, in terms of a practical strategy of shutting down the prison industrial complex? When presenting demands, rights, propositions etc. to an industrial juggernaut, the only way that you are going to make it truly pay attention is to stop his industries. Thus, when he looks out into the landscape of his empire and doesn’t see the polluted smoke clouds which indicate to him that his industries are producing comprehensively, then he will be concerned enough to climb down from his ivory tower and see about the problem. We must leave the crops in the field and let them rot!
The New Underground Railroad Movement supports the Free Alabama Movement and those states – Texas, Mississippi, Ohio etc. – that are organizing for the work strike and boycott starting Sept. 9, 2016. I pray that California inmates and those leaders taking responsibility to organize on behalf of the struggle do not miss an opportunity to participate in this historic labor strike.
I don’t want my energy used for paving the way to live comfortably in prison and call that victory. We have an opportunity to demand freedom from prison and institute policies that will pave the way for a restructuring of the system, but only organized, disciplined, drawn out labor strikes and boycotts will achieve this. Anything else is a pipe dream dictated by our afflictions.
I don’t want my energy used for paving the way to live comfortably in prison and call that victory.
For those seeking more information on any part of this article or how you can support the New Underground Railroad Movement, contact Mr. Anthony C. Robinson, Jr., Coordinating Founder.
Note: To those brothas and sistas of true merit, who have written me from your facilities, know that I never abandoned you in practice or in spirit. The corporate dog who is trying to trump up “BGF activity” confiscated the letters before they reached or were delivered to me. They can’t stop those letters if they come from friends and family to me.
Poem by Anthony Robinson Jr.
“What quality of will must a Negro possess to live and die with dignity in a country that denies his humanity?” – Richard Wright
There is a psychosis lurking in the understanding
that prison is a culture and not a civilization.
It seems that poor oppressed people
cling to things that are for them emotionally true,
because they so desperately need a truth to protect
them from their harsh reality.
We measure lies, not by fact or fiction,
but by how conveniently they secure our
relationship to our environment.
There is a process in life where
somewhere along the way you have to
invent yourself and try to reach a compatible
identity to your vision of life and where you fit in it.
A vision molded by a trail of tears that leads
you to an expectation of yourself not necessarily
of your own making.
I stare out through these bars
into dreams unfulfilled, and I wonder
if it was ever considered as the juncture
of their design what aspects of humanity
would be confined as well with the person.
Keep from the world like a secret
that can never be revealed because it was
spoken in a language that cannot be translated
by the ears that received it.
Anthony has finally won his way back to California after years in private prisons, used by CDCr to alleviate overcrowding in California prisons without freeing anyone. Send our brother some love and light: Anthony Robinson Jr., P-67144, CMC E6-28L, P.O. Box 8101, San Luis Obispo, CA 93409.