FBI WATCH: documents reveal attack on democratic rights of anti-war and international solidarity activists

Just a reminder, my cross-organizing and international solidarity comrades, that they really are out to get us...here's a good resource to look at before they come for you:

(click link below image)

"If An Agent Knocks"
Center for Constitutional Rights

------from the Committee to Stop FBI Repression (stopfbi.net)------

Secret FBI documents reveal attack on democratic rights of anti-war and international solidarity activists

Published on Wed, 2011-05-18 11:56

• Document
• Statements

Committee to Stop FBI Repression

Documents Released on May 18th (PDF format):

• CSFR Statement
  
• Operation Order
  
• Interrogation Questions
  
• Surveillance Photos
  
• Seizure and Subpoena
  
• Blank Forms
  
• Single PDF file that includes all six of the above documents
  

Committee to Stop FBI Repression Statement (May 18, 2011)

FBI agents, who raided the home of Mick Kelly and Linden Gawboy, took with them thousands of pages of documents and books, along with computers, cell phones and a passport. By mistake, they also left something behind; the operation plans for the raid, “Interview questions” for anti-war and international solidarity activists, duplicate evidence collection forms, etc. The file of secret FBI documents was accidently mixed in with Gawboy’s files, and was found in a filing cabinet on April 30. We are now releasing them to the public.

The raid at the Kelly/Gawboy home was one of the many coordinated raids at Minneapolis homes and the offices of the Anti-War Committee on September 24, 2010. Two additional homes were raided in Chicago. To date, 23 anti-war and international solidarity activists have received subpoenas to appear in front of a Chicago Grand Jury headed by U.S. Attorney Patrick Fitzgerald.

Taken as a whole, the secret FBI file shows the willful disregard for the rights of anti-war and international solidarity activists – particularly the first amendment rights to freedom of speech and association. The documents make it clear that legal activity in solidarity with the peoples of Colombia and Palestine is being targeted. The documents use McCarthy-era language, which gives one the feel that the 1950s red scare has returned. And finally, the documents show the chilling plans for the armed raid that took place at the home of Kelly and Gawboy on September 24, 2010.

The documents show that public advocacy for the people of Colombia was the genesis of the FBI investigation. The ‘Operations Order’ for the FBI SWAT Team states “The captioned case was initially predicated on the activities of Meredith Aby and Jessica Rae Sundin in support of the Revolutionary Armed Forces of Colombia, a U.S. State Department designated foreign terrorist organization (FTO), to include their travel to FARC controlled territory.”

While we have no way of knowing if it was speaking tours or educational events on Colombia that got them so riled up, there is something we can state with certainty: There is nothing illegal about traveling to Colombia, or visiting the areas where the FARC is in charge. This is something that journalists, including U.S. journalists, do, and we have yet to hear of their doors being broken down. Upon returning from Colombia, Aby and Sundin spoke at many public events about their experiences.

The FBI interview questions for Meredith Aby ask “1) Have you ever met Lilia [sic] Obando? 2) Where? 3) When? 4) Why?” Liliana Obando is a well-known Colombian trade unionist who spoke in the Twin Cities at an event organized by the Anti-War Committee. She received a visa to travel in the U.S. from the U.S. government.

She spoke about the sickening human rights violations that were being carried out by the Colombian government and its paramilitary allies. While we understand that the Colombian government is the third largest recipient of U.S military aid, and that government officials would prefer that that people here in the U.S. don’t get a chance to hear about human rights abuses committed with their tax dollars, the fact remains: there is nothing criminal in trying to learn the truth. The FBI is attacking the right of anti-war activists to speak out against U.S. foreign policy.

Likewise, the “interview questions” make a big deal about delegations that visited Palestine. The Israeli authorities try to disrupt these trips because people return from them and expose the gross human rights violations that are carried out in the context of the military occupation. But once again – this is a legal activity that activists have every right to engage in.

The documents show how the FBI investigation expanded outwards, starting with Colombia and soon focusing on Palestine. How did the FBI get involved? The most likely explanation is that a undercover police officer going by the name “Karen Sullivan” infiltrated the Anti-War Committee shortly before the 2008 Republican National Convention. Among the first people she met were Meredith Aby and Jess Sundin, who often spoke at public events about what they saw in Colombia.

Karen Sullivan - the professional liar - then gave her reports to the FBI, paving the road to the September 24 raids.

The New McCarthyism

When Wisconsin Senator Joe McCarthy went on a red-baiting witch hunt in the 1950s, communists, socialists and progressives of all stripes were hounded out of jobs, housing, the entertainment industry and institutions of higher education. More than a few people were jailed for their ideas. The secret FBI documents indicate an investigation is underway that takes its cues from this shameful past.

The FBI documents include 57 interview questions about Freedom Road Socialist Organization, the organization that some of those who were raided or subpoenaed to the Grand Jury are members of. The questions include; “Are you a member?” “How many members are there?’’ “Who are the leaders?” And on and on and on. It is like pages of the calendar have been turned back 60 years.

In the United States there is a constitutional right to association. Like-minded people are allowed to form groups and political parties that promote their views. FRSO members, along with others, were very active in organizing the massive anti-war protests at the Republican National Convention. They participate in the labor movement, community organizing, and the anti-war movement too. And they advocate that capitalism should be abolished and replaced with socialism. Given the bank bailout, continuous wars and the economic crisis it is not unreasonable to see these activities and views as a breath of fresh air.

“Dangerous” raid

In the documents, the “Operations order” for FBI SWAT for “Operation Principal Parts” the raid on the Kelly/Gawboy home has the word “DANGEROUS” in underlined bold type at the top of the page. FBI agents were told to bring assault rifles, machine guns and two extra clips of ammunition for each of their side arms. Two paramedics were to stand by in the event of causalities. Other documents include photos of Kelly and Gawboy, as well as pictures of stairs leading to their front door and the front door itself.

What transpired on September 24 was this. Gawboy was awoken by the FBI pounding on the door. When she stated she wanted to see the search warrant, agents used a battering ram on the door, breaking the hardware and shattering a fish tank in the process. Gawboy was taken down the front steps in her nightgown while the FBI swat team entered her home.

The justification for this armed home invasion is given in the “Operations plan” - “Kelly is believed to be the owner of an unknown number of firearms which may be at his residence...”

Kelly, who learned to shoot while in Boy Scouts, owns guns – just like a lot of Minnesotans. The “Operation Plan” also claims that Kelly “offered to provide weapons training” - an outright lie that originated with the police infiltrator “Karen Sullivan” or a fiction writer at the FBI office.

The bottom line is this: there can be no justification for the raid in the first place, and still less for it to be done by agents smashing doors and wielding machine guns. This is a recipe for people getting hurt or killed. The events of September 24 and the ongoing grand jury are not about “material support of terrorism,” as any normal person would understand it. What is happening is this: anti-war and international solidarity activists are being targeted for practicing our rights to speak out and organize. We have done nothing wrong. Our activism is making this world a better place.

Attachment	Size
1-CSFR statement.pdf	74.42 KB
2-Operation Order.pdf	1.6 MB
3-Interrogation Questions.pdf	2.2 MB
4-Surveillance photos.pdf	3.66 MB
5-Seizure and Subpoena.pdf	2.45 MB
6-Blank forms.pdf	2.56 MB
CSFR May 18 documents ALL.pdf	12.54 MB

MCSO: Prisoner Civil Rights Complaints.

After this post, I won't be updating this blog. Thanks for visiting. See my message above for more.

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The guy quoted below (in bold red) about how "seriously" the MCSO takes these assaults on prisoners is presumably Jerry Sheridan, the Chief Custody Officer for the Maricopa County's jails. Let me just remind folks that when the MCSO convened their grand press conference Monday to release the video and announce Gerster's arrest, Sheridan seemed to explain his officers' conduct by saying that the victim of Gerster's first recorded assault (the mentally ill guy strapped down in 4-point restraints who got his jaw broken) "was probably mouthing off."

I don't think that was part of the planned press release - that's just what comes out of those guys naturally whenever they open their mouths. I hope all the MCSO's victims catch that and make a point of putting these administrators - and Arpaio - on their federal civil rights' complaints, since they've created a climate in which "mouthing off" at guards justifies violent retaliation against helpless, mentally disabled prisoners.

If you've been a victim of the MCSO while in their custody, here's the form you need to fill out to make a civil rights complaint, in a handy packet to help you represent yourself in court. If you're still in custody, don't let that stop you - the courts will be accommodating. Just make sure that you read the directions carefully and follow them. A lot of otherwise sound cases get thrown out because people don't follow the right format, name the right defendants, or go through the internal grievance process available to them.

Also, below is contact info for the folks at the Department of Justice to contact in support of a CRIPA Investigation (Civil Rights for Institutionalized Persons), if you have evidence of a pattern/practice of abuse/neglect of prisoners in any law enforcement agency's custody. I believe they're already on to Arpaio and his Klan at the jails (at least the ACLU has been working it) - give them more evidence anyway. And please feed them stuff about the state prisons - or email me and I'll send it on its way.

Since these big tough men who are supposed to be defending our constitution and safety will no doubt be whining to the press that the Obama administration is just picking on them because of politics, let local media know why you filed a civil rights complaint or contacted the DOJ, that you're ordinary people from Arizona, not politicians from Washington, and that it's all about them violating human rights and abusing the public trust. If they ever really practiced what they preached, they'd suck it up and take responsibility for their own behavior.

----------------------------

US Department of Justice

Special Litigation Section

Mailing Address

Special Litigation Section
950 Pennsylvania Avenue, NW, PHB
Washington, D.C. 20530
For FEDEX: 601 D Street, NW, Washington, DC 20004

Telephone Number
toll-free at (877) 218-5228

Fax Numbers
(202) 514-0212
(202) 514-6273

Chief

Jonathan M. Smith

And this is the Judge who ordered Arpaio to get it together and clean up the jails. Let him know if he's doing his job or not:

HONORABLE NEIL V. WAKE
United States District Court
Sandra Day O’Connor U.S. Courthouse, Suite 524
401 West Washington Street, SPC 52
Phoenix, AZ 85003
Phone: (602) 322-7640

No more appeals, Arpaio!

http://www.courthousenews.com/2010/10/14/31060.htm

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Accused Detention Officer Resigns from Job

Updated: Thursday, 02 Dec 2010, 7:23 PM MST

PHOENIX - The Maricopa County Sheriff's Office said Thursday that detention officer Kevin Gerster resigned on Wednesday following his arrest earlier in the week on aggravated assault charges.

A jail surveillance video shows the former Arizona detention officer stepping on the neck of an inmate who was restrained and bent over a table.

The video shows the inmate, William Hughes, handcuffed behind his back, bent over a table, and surrounded by three officers. Gerster walks up to the men, gets on the table and steps on Hughes' neck.

The video of the assault also shows the officer later punching Hughes in the back of the head four times and kicking him in the leg once. Investigators also said they believe he slammed Hughes' head up against a wall in his jail cell, although there is no video evidence of that.

Sheridan said Hughes did not require medical treatment and didn't have any apparent neck injuries, although he had some bruising and a cut on his forehead, which investigators believe happened in his jail cell.

Gerster posted a $36,000 secured appearance bond Tuesday after he was booked into jail on aggravated assault charges stemming from Hughes' assault and from a June incident, which was uncovered during the recent investigation.

In a June video also released to the media, Gerster is shown punching inmate Michael Flores in the jaw.

Gerster also faces charges of accessing criminal history and one count of computer tampering. The sheriff's office said Gerster looked up the address of an ex-inmate for his friend, whose ex-wife was dating the inmate and who allegedly assaulted the two with a box cutter after getting the address from Gerster.

Another officer, Alan Keesee, who is shown in the November video slamming Hughes' head against the table, was not arrested, but the sheriff's office recommended he also be charged with aggravated assault.

Sheridan said the sheriff's office decided to release the video to the public because he and Sheriff Joe Arpaio "took it very seriously."

"We were upset with the actions of both these officers and we quickly initiated a criminal investigation," he said.

Mental illness in Arizona's state prisons: Chuck Ryan on the carpet, again.

This was posted to another site on Friday, November 19, 2010 by the former AZ Department of Corrections deputy warden who was interviewed by Channel 12 this summer and called for Chuck Ryan to resign. It's being reprinted here with Carl's permission.

As some of you may know, one of the corrections' officers unions also called on the governor to fire Ryan in a letter of no confidence two weeks ago. I shouldn't have to point this out, but prisoners aren't the only ones behind bars at heightened risk under current conditions. The front line staff also have good reason to be concerned.

Needless to say, none of us are making friends in Arizona's high places. In fact, since the people we're antagonizing have badges and guns on their side - as well as the keys to the prisons - it would help if the public and media really watch our backs out here.

Other witnesses to the institutionalized neglect and abuse of prisoners with mental illness in Arizona are urged to contact the US Department of Justice's Civil Rights Division; send them what you know and request that they initiate a CRIPA investigation before the next ADC suicide or homicide goes down. If you need to you may remain anonymous while doing so.

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Arizona's Prison Problems - Open Letter to the Director

Mental Health Treatment for Offenders

By Carl ToersBijns

Open Letter to Charles Ryan, Director, Arizona Department of Corrections

Mr. Director, when are you going to address the horrific mental health conditions of confinement inside your prison? Have you really taken a look into the need to implement a mental health "program" that is realistic and objectively driven by individuals who really care about doing the job and doing it right? Arizona is way behind in providing mental health care for those incarcerated with mental health illness and other disorders.

The very first thing I noticed when I came onboard five years ago was the long lines of inmates waiting to be seen by mental health professionals obviously overwhelmed by the number of offenders on their caseload, and the lack of priority this task has been demonstrated by the administration for the Arizona Department of Corrections (ADOC). Speaking to both mental health professionals and providers, it became obvious to the spectator that these inmates are not receiving the type of care they need during their stay of incarceration or when they are released with a thirty day blister pack. Witnessing this lack of organized effort to create and deliver a sound mental health treatment program in spaces designed for much less tasks, I am astonished how these inmates are able to conform and maintain their individual demeanor under such stress and lack of care.

Certainly, I have gleaned that apathy has set in with some treatment professionals as they are just merely overtaken by the sheer number of "clients" they see daily and the need to provide follow up treatment is dominated or even sabotaged by the lack of cooperation by the administration to provide security escorts to and from such activities to ensure a completion of services. Right now, as we speak, except for a few individuals down there in Tucson, you are warehousing mentally ill inmates in the special management units that receive no attention, no care and no hope of ever coming out with some degree of normalcy when released. It's almost like you are doing it on purpose so ignore their needs. I have witnessed abandonment of several mental health sponsored programs that enhanced the detection of inmate suicides and the willful destruction of morale among your providers. Lacking such structure to create and provide a meaningful treatment environment is almost impossible as there is no dedicated space to do this most urgent task.

Fragmented services are wasteful as there is no continuity in the delivery or the provisions to ensure the medication is successfully delivered or taken. Even New Mexico Corrections has you beat Mr. Ryan for they had the insight and intelligence to begin separating these types of offenders from the general population and provided them treatment instead of repetitive uses of force to make them comply into an environment they don't understand. Being very familiar with their treatment programs, I am astonished that Arizona is no way near the level of care provided in our neighbor's prisons. Located in a secure and orderly treatment center staff with the resources to maintain a sound treatment program for the criminally ill, it has been successful in design and operations.My history with them goes back to its birth as a treatment center and given the task to be the chief of security for a task force of men and women who volunteered to work in such a difficult and multifaceted place called the Mental Health Treatment Center (MHTC).

As a concerned citizen and former corrections professional, I am writing to you regarding the urgency to find in your organization, a legitimate means to address mental health treatment for your incarcerated inmates who are currently void of treatment and the necessary care to function within the parameter expected of them while incarcerated. I have witnessed as an ADOC correctional administrator, the warehousing of such inmates housing them side by side and allowing their psychotic conduct feed to the next inmates housed on the run as the entire pod becomes a bedlam pod of psychotic criminals yelling, shouting and begging for better care.

You need to prioritize your issues inside your prison because you are violating these inmate's rights by not treating them. Chemical restraints are draconic in every way and cruel. Your staff in uniform are doing the best they can with what they have but need professional help in the area of treatment, not confinement. It takes a team effort to be effective. It will only be a matter of time before you are brought into the federal courts and held accountable for the severe shortcomings of a sound and humane mental health program for the many inmates you are responsible for and up to this point, neglected.

• Allocate more security staffing to the lockdown units in Florence Eyman and Tucson so that everybody who works there are safe and the institutions are operating at a safe and sound level by meeting mandated conditions of confinement.

• You need to allow more time and structure for these so called PMRB (prescribed medication review board) for the mental health professionals to gain insight of inmate behaviors before you order them on involuntary (forced) medication creating excessive use of force situations and physical harm to both staff and inmates. Most administrators sitting in on these reviews are called for the task but really have no insight of the inmate's history or medical / mental health needs.

• Allocate more mental health professionals to these units so they can be functional and purposeful and legally in compliance with the civil rights you have sworn to protect.

• Update your Mental Health Treatment Department Order 1103 dated August 22, 1997 as it is a sure indicator of its priority of this administration by being neglected to be revised for such a long time now.

Thank you.

Carl ToersBijns

Indict Arpaio.

Public pressure is growing in Phoenix for the FBI and DOJ to do their job.

...and free the 5.

Joe Arpaio should be prosecuted, not sued.

I don't know what the big deal is about the feds "suing" the MCSO. I know a lot of folks celebrated this news yesterday, but all it did was piss me off more - that man should be arrested, disarmed, and awaiting trial in a jail cell. He sure shouldn't be out doing more "crime suppression sweeps". We haven't been marching and writing and waiting this long for the feds to sue our county. Arpaio's been sued by plenty of people - and he's never the one who pays, even when he's responsible for killing someone. While good people are being prosecuted as criminals for resisting that man's evil, the DOJ is just stalling until his term expires so they don't have to take responsibility for how he's treated people. I think he does a lot of their dirty work, anyway.


What a mistake to even hope that the Obama administration would come to our rescue in Maricopa County. Look at who the president tapped for Homeland Security, after all - she did nothing but enable this guy. Joe Arpaio may entertain a lot of the nation, but he shouldn't be dismissed as just a clown, a controversial politician, or an incompetent sheriff (though he is all those things): he's an armed and dangerous criminal. After all, what's false arrest if not kidnapping? Racial profiling if not a hate crime? Misuse of public funds if not stealing by both deceit and force? Vindictive investigations and prosecution if not destruction of livelihood and threat to life and limb?


We prosecute young people for terrorist conspiracies just for plotting to drag a few newsboxes into an intersection to momentarily stop the madness of an exploitative, vicious, greedy world. That's not terrorism - that's disrupting the flow of traffic. Using violence or intimidation to coerce political figures or communities is terrorism - which means that Janet still has a job to do here. If anyone else did what Arpaio has been doing, Homeland Security would have swooped in with the DOJ long ago - except that the feds think he's been doing it to people that they really don't give a shit about, either. As I suggested above, it just means less work for them, and by contrast they end up looking like the "good guys", even when all they do is play this game of chastising him.


America is hardly the land of the free or the home of the brave, but most of the rest of the world figured that out a long time ago. We throw the truly courageous and liberated souls into prison like murderers, lest they expose the brutal, corrupt nation we are. So, the feds can slap Sheriff Joe on the wrist or give him a medal - unless they prosecute him as the criminal he is, though, they can take my citizenship and shove it.


They, like Arpaio, are just tools of this hateful, white supremacist, patriarchal empire - they sure aren't serving the People. Arpaio and his kind are heroes only to those who benefit from perpetuating a slave state, and those who have been conditioned to fear the consequences of true justice. They and their kindred invaded and reproduced in this region with an explicit agenda in mind - gaining and maintaining their own wealth and power by impoverishing and criminalizing everyone who resists. It never ceases to amaze me how people like Russ Pearce manage to twist the truth of our collective history. It seems so blatant that I just don't understand how the rest of the country keeps falling for their lies and histrionics. We are indeed a nation of fools.


Well, I'm descended from the Pilgrims and soldiers of the American Revolution - I even carry Brigham Young's genes - but what I learned growing up (from my Young Republican parents, even) was that my family's relative privilege and our presence in this hemisphere by violent conquest makes me all the more responsible for preventing similar injustices from occurring here and now. It sure doesn't entitle me to subordinate the rest of those who populate this land, regardless of where our government erects borders and points its guns.


So, fuck you, your Keystone cops, and your source of power, Sheriff Joe - you are a corruption of what America has claimed to be. That's a claim that's led many young people to kill and die for the ideals of freedom and democracy - which you've done everything you can to subvert. Fuck the feds, too - they didn't come to our rescue - they just keep sending reinforcements to finish us off. And shame on every other American citizen who isn't resisting Power in this place - especially those citizens who lack color. You're like the so-called Christians who owned slaves, or felt a little guilty about it but looked the other way at the auction. I don't know what's so difficult about understanding that someone like Christ would never have voted for those who do violence in His name.


There are many ways to defeat racism and colonialism like this, but you are mistaken if you think you've found a neutral place from which to comfortably watch, tuning in once in awhile for to either vent about evil or scapegoat those being victimized by it. In fact, if you're comfortable with any of what's going on in Arizona - and not at least boycotting this place - then you're already with them, condoning the repression, deportation, incarceration, and even slaughter of people America once so gladly welcomed. The condition was that they had to remain in perpetual servitude - it was only when they began seeking liberty and justice that we decided that migrants were all criminals and aliens. Now the good Senator Pearce wants their children to be born into slavery, too.


What has become of us?


There's never been any consistency in the enforcement of law in America, but in Arizona it's especially biased and mean. Power here demands that people like Arpaio seduce the already-sympathetic, and brutalize everyone else into submission. It's already made sure he doesn't have to go out of his way to put people like me behind bars. The law of this land and its enforcers have no credibility with me; they have my contempt. I guess that makes me another radical preaching anarchy. Call me an outlaw, too, then: I haven't carried state ID since SB 1070 was passed - I know very well who I am, and a good many of the people who would incarcerate me do, too.


I've already said what I think of the DOJ - they're worse than a joke because invested in them is a lot of people's hope. I've been begging them for help for a year and they've answered with nothing but silence as people keep suffering and dying in these prisons. But if I refused to comply with them in the face of an investigation, I'd be charged with obstruction of justice and held without bond while search warrants were issued for everything they wanted - including my DNA for their database. They sure as hell wouldn't be suing me in civil court. What are they doing dancing with our Sheriff around this, then?


Law enforcement officers should be held to a higher standard of non-violence against citizens than anyone else precisely because they already have the guns, the training, and the benefit of the judge's and jury's doubt. Besides, they have a sworn duty to protect and defend us. Instead, however, it's the public that's held to a higher standard when it comes to the welfare of cops, whatever uniform they wear. Even the FBI is guaranteed to brutalize us if we cross them in any way, and the courts will back them up by dishing out solitary confinement for life, if they want - the Black Panthers are a prime example. So, I'm not really optimistic about the DOJ doing anything to rein in anyone's excessive use of force - not by the MCSO or anyone else. A lot of the violence against those targeted by police is done by prosecutors, anyway, in concert with the powers that be - far more than by cops walking their beat.

Case in point: the Arpaio 5. The feds are here because the Maricopa County Attorney wouldn't lift a finger to stop the MCSO from assailing the community (Andrew Thomas was in cahoots with him, anyway), even though tens of thousands of us have demonstrated repeatedly. But the MCA has no problem charging some of those youth who protested police tactics at last January's anti-Arpaio march as violent criminals for the chaos that erupted near the end with the Phoenix PD. There's a double standard, alright.

some of the more colorful anarchists

at the January 16, 2010 anti-Arpaio march.

No one who was there or has seen the multitude of videos can agree on what really happened - much less who was most to blame for police actions - so the default version of the "truth" is, as usual, the one told by the cops (and the Phoenix New Times - thanks a lot, Lemons). Those poor, frail officers (in body armor) were assaulted, obstructed and resisted by a handful of kids half their size who were being trampled by police horses and bikes, blinded by pepper spray, and threatened by a well-equipped cavalry.


Had I been there, I could have easily bumped (or been pushed) into a cop while trying to get out of the way, or arrested for interfering while trying to keep a friend from getting killed in the melee. But apparently it doesn't matter to the county attorney what your intent or your actual capacity to hurt anyone was: if you touch a cop with anything from a banner to silly string, your ass is theirs - especially if you call yourself an anarchist, wear all black, and dare to talk back to state authority. You're really in trouble if you're a woman on top of all that.


So I keep thinking, if Justice is really blind and one's purpose apparently doesn't matter in assault, then shouldn't the cop who hit toddlers with pepper spray be charged, too? Regardless of what frightened her or who she really intended to blind and cause pain (I really doubt she was aiming for the kids), totally innocent children got hurt - the videos and witnesses are pretty clear that little ones were screaming and all red and teary-eyed because they got sprayed. Relatively speaking, that seems to have been a far more serious "assault" than crashing into someone - even if that someone was a cop. If that officer doesn't do time for injuring bystanders by deploying her weapon - be it in self-defense or out of carelessness in all that confusion - why do the kids who got nabbed in the heat of the moment get screwed?


I'm especially disturbed that there's no semblance of proportionality in terms of what the Arpaio 5 are being accused of and what they might be charged with if they don't surrender their right to trial now. They clearly aren't considered to be a threat to public safety, since they aren't being held without bail and the plea deals being offered don't all entail jail. If they maintain their innocence, however, some are being promised the violence inherent in incarceration if they don't prevail in court - one has been told that if she puts up a defense she'll be prosecuted for a serious felony that would carry a mandatory minimum sentence of over ten years in prison.

That floored me - that's literally 100 times more severe than what she'd get if she just pleads guilty now. If the county attorney really thought this young woman was a danger to society, she'd be on her way to prison already. They're coercing her with a promise of harsh retaliation for resistance, not a deal negotiated in the interest of justice. The state isn't trying to protect the public, or even the police. They're trying to repress and silence these young people - and all their friends, by making an example of them - for their defiance of police authority, not for perpetrating violence on police officers. Yet how often do courts punish the cops with incarceration for harassing, pepper spraying, or wrongfully arresting one of us - much less beating or killing someone? They seldom ever treat it as criminal. All they're usually willing to do is let us sue the department they work for - like the DOJ is suing Arpaio.


The DOJ is basically a big fat cop, and thus isn't much different than anyone in Maricopa County - or the State of Arizona - for failing to press criminal charges against anyone at the top of the MCSO, letting Arpaio and his goons off the hook for the criminal harm they've done to so many people. Regardless of how embarrassing he is to the rest of law enforcement, he's still one of their own, so different standards of conduct - lower standards - apply than those which the rest of us are held to. Similarly, neither Thomas' nor Romley's office would prosecute any of the prison guards for Marcia Powell's homicide. Why not? They told me that despite 10,000 pages of testimony and evidence (and a year to investigate), they still couldn't sort out who did what. There were just "too many conflicting stories".


What??? Of course they're all pointing fingers at each other - no one ever wants to take the rap. Prosecute them ALL, then, and let them sort it out in plea bargains like you'd do to any of us. Don't let them off with the modified Nuremburg defense ("No one was following policy; it wasn't just me. Breaking the rules was SOP.") Who else would duck a negligent homicide charge in that situation but agents of the law? They may all tell a different story, but the story they tell is that it wasn't them. Again, the default version of the truth is theirs.

That's pathetic. I just don't believe that the Maricopa County Attorney can't even come up with a misdemeanor charge against one of sixteen (16) prison guards (officers of the law) who mocked or ignored a woman they had locked in a cage in the desert sun, leaving her for over 3 hours without water to defecate on herself, suffer horribly, and finally die with second degree burns on her body. There was enough culpability in her death for the prosecutor I discussed it with to say that it's unfortunate no one can find survivors with standing to sue the AZ Department of Corrections - that's the only way justice would be done, apparently, not through the efforts of the Maricopa County Attorney's office to find it. They're too busy prosecuting kids for challenging the police.

If Marcia Powell had been a child in the care of a parent, the MCA would be looking for someone to execute within days of her death, not closing the file a year later. At the very least negligent homicide charges would be brought. They'd be quicker to prosecute someone if Marcia was a dog, actually - and then they'd erect a memorial for the poor thing. Being "tough on crime" apparently doesn't apply if the perpetrator wears a badge and the victim is a whore with no family to bury her remains. I can tell you from the hits on my blog and the emails in my box about Marcia Powell: the entire world is disgusted with us - all of us, not just the AZ Department of Corrections.


I don't know where the original cancer in this place started - I think it was long before Arpaio, though. The MCSO is just one of the worst sites it metastasized to; it certainly isn't the only one. Nevertheless, Joe Arpaio and his cronies should be excised from this community immediately if we are to ever know the meaning of justice here. The DOJ isn't promising that, however. What consequences does Arpaio face if he loses this round to the feds, anyway? A big fine, perhaps? No - the rest of the county has to pay that part, most of which will come out of lifesaving resources for the poor, of course. They don't even broach the issue of restitution for his victims. Does he actually have to step down (with a healthy pension), or maybe just promise to "reform"? No indication that they have that in mind, either - he could run for office again, for all we know. So, what are all those civil rights laws for, anyway, if they leave abusers in power and enjoying the fruits of their crimes? I really don't know what the point of their lawsuit is, except for the feds to say they did something (even if it amounts to nothing beyond them reclaiming a few million bucks).


Even though it's a rare thing for the Justice Department to sue a police agency, this lawsuit is still petty bullshit when you stack it up against what the man and his machine have done. As far as I'm concerned, Arpaio is worse than the schoolyard bully that too many people dismiss him as. He's more like a gang leader being allowed to run loose with deadly weapons, commandeering an army of thugs who, at his orders, are kidnapping people, committing hate crimes, terrorizing communities, collecting protection money, and persecuting his enemies with threats of violence under the color of "law" - all while he's "under federal investigation" for civil rights violations. How is it not a real crime to violate someone's civil rights, anyway - especially when you chain them up in the process?


Maybe the documents Arpaio refuses to release hold evidence of corruption that could be criminally prosecuted - if so, they have or will be destroyed before he lets them destroy him. I doubt that man will ever get sentenced to jail or prison time, like some of the Arpaio 5 might. Marcia Powell was killed while doing a 27-month prison sentence for offering a cop a blow job, while Arpaio has prostituted himself to White Power for as long as he's been in office, spreading his racist, misogynistic venom in the community like an STD. He's a far greater threat to public safety than either the Arpaio 5 or Marcia could possibly be. So how is it that in the nation which incarcerates more of its citizens than anyone else in the world, this man is not worried about going to prison? I find this to be a very disturbing miscarriage of justice all the way around.


I can't imagine what more the DOJ needs to investigate to prosecute Arpaio. There's no lack of witnesses or evidence here to his criminal conduct: he's publicly boasted about it to no end. He should be arrested immediately and held without bail so the communities he persecutes don't have to keep living in fear. Unfortunately, no one with power in this state defends the common people or human rights - people like Russ Pearce cultivate bigoted, selfish, abusive men (and women) like him. They know Arpaio and his henchmen will enforce only those laws they make to protect their own interests - against those who resist or can be bullied - with the consent of a largely "Christian" public that votes from their fear, rather than from what they profess is their faith.


My bet is that I'll be the one who ends up in jail before the feds pack up and go home - not Sheriff Joe. If any of the Arpaio 5 are doing time there, though, I'd be more free in their company for cursing the state than I would be if I silently empowered the evil holding the keys to our chains.

one of the Phx PD's more dangerous hoodlums:
"Remember Marcia Powell"

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Department of Justice Sues Maricopa County Sheriff's Office for Refusing to Cooperate With Investigation

Friday 03 September 2010

by: Nadia Prupis, t r u t h o u t | Report

The US Justice Department (DOJ) filed a lawsuit against controversial Arizona Sheriff Joe Arpaio on Thursday for alleged civil rights violations and refusal to cooperate with a federal probe.

Arpaio, who leads the Maricopa County Sheriff's Office (MCSO) and calls himself "America's toughest sheriff," has drawn both criticism and support as one of the country's most outspoken opponents of illegal immigration. Arpaio is also an active participant in 287(g) - a program funded by Immigration and Customs Enforcement (ICE) that trains and authorizes state police departments in enforcing federal immigration laws. The MCSO has deported more than 26,000 immigrants in the past three years, one-quarter of the national total of 115,841.

Since March 2009, the DOJ has attempted to investigate Arpaio for a litany of alleged civil rights abuses, including racial profiling, unconstitutional searches and seizures and enforcement of English-only policies in his jails, but Arpaio's office has refused to produce all the requested documents. Title VI of the Civil Rights Act of 1964 prohibits federally funded programs such as 287(g) from discriminating on the basis of race, color and national origin, and grant recipients are required to provide the DOJ full access to documents, facilities and staff during investigations. To receive federal funds for its participation in 278(g), the MCSO signed contractual agreements that assured its compliance with Title VI and promised its full cooperation with discrimination probes.

This DOJ investigation is not the first time Arpaio has faced federal charges for civil rights abuses. A separate probe launched this year by a grand jury is looking into abuse of power charges against Arpaio after he conducted baseless prosecutions of political opponents. In 1997, the DOJ also investigated Arpaio for civil rights abuses within his jails, alleging that he deliberately failed to discipline guards who subjected inmates to excessive use of force. Arpaio's compliance in that case led to the implementation of more humane jail policies, including the limited use of pepper spray, stun guns and restraint chairs.

Thursday's lawsuit marks the first time in more than 30 years that the DOJ has had to sue a police force for compliance. Arpaio refused to comply with an August 17 and a September 10 deadline to produce documents requested over 15 months ago.

"The actions of the sheriff's office are unprecedented," said Thomas E. Perez, assistant attorney general for the Civil Rights Division. "It is unfortunate that the department was forced to resort to litigation to gain access to public documents and facilities."

Arpaio's attorney Robert Driscoll wrote in a letter to Judy Preston, acting chief for the Special Litigation Section, that the MCSO "certainly did not agree that every document DOJ requested is required to be produced in a Title VI investigation ... If DOJ seeks to dictate every deadline and maintain the position that it, in its sole discretion, can determine what it wants and when, without any reasonable limitations on scope and without any input from MCSO, what DOJ truly seeks is compelled or coerced compliance. MCSO is committed to providing DOJ with a reasonable amount of information and documents based upon which DOJ can investigate allegations of national origin discrimination."

The MCSO and Arpaio's alleged crimes violate not only Title VI, but also the Omnibus Crime Control and Safe Streets Act of 1968 and the Violent Crime Control and Law Enforcement Act of 1994. According to the lawsuit, if the MCSO is found guilty of discriminatory behavior, Maricopa County stands to lose an estimated $113 million in federal grants. The funds also go toward programs such as assistance for low-income families and health care for the homeless.

During a press conference Thursday morning, Arpaio expressed disappointment in the ongoing investigation. "I thought we were really close to getting this resolved," Arpaio said. He also promised to proceed with his current operation of 278(g), stating, "I'm going to continue, maybe tomorrow, to enforce all the illegal immigration laws ... As [State Senator Russell Pearce] always says, 'Take the handcuffs off the cops.' I'm not going to be intimidated by the federal government going to court against us."

Gray-Haired Witnesses for Justice.

Whether or not you were able to lend support to their trip to the DOJ in DC today, stop and check out this video about the Gray-Haired Witnesses for Justice, who are advocating on behalf of the Scott Sisters of Mississippi. They are truly inspired and inspiring...

SCOTT Watch: DOJ Needs to CRIPA Mississippi ASAP.

Called the warden's and governor's offices this weekend, then yesterday put together a packet of info to send off to the Department of Justice, requesting a CRIPA (Civil Rights for Institutionalized Persons) investigation complaining about health care, using both Jamie's and a few other documented examples of neglect/extreme indifference to prisoner health and welfare. It seems I did that once already. 

So, here's how to request a CRIPA, as far as I know. The more people who do this and the more sources of information we have about conditions, the more likely it is that the DOJ will follow up and clean house at the MDOC.

Send the Free The Scott Sisters campaign emails with copies of letters you write on Jamie's behalf for their records.

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Margaret J. Plews Arizona Prison Watch 1809 East Willetta Street Phoenix, AZ  850o6 arizonaprisonwatch@gmail.com  480-580-6807

April 20, 2010

Judy Preston, Chief

US Department of Justice

Special Litigation Section

950 Pennsylvania Ave NW  PHB

Washington, DC 20530

Dear Chief Preston;

Enclosed is some documentation regarding health care in Mississippi’s state prison system. The dramatic change in inmate mortality alone should have alerted your office and triggered an investigation – please don’t delay starting one any longer. The conditions are horrendous, people are dying for lack of adequate medical care, and patients seem to be completely left in the dark about their own illnesses, treatment, prognosis, etc. I believe their civil rights are being violated routinely with grave consequence. The enclosed account of retaliatory behavior on the part of the prison for Mrs. Rasco’s activism troubles me, too. We need you folks in there ASAP or her daughter, Jamie, is going to die before she’s exonerated.

A wealth of additional documentation about the medical services in the CMCF can be found at http://mississippiprisonwatch.blogspot.com , or http://freethescottsisters.blogspot.com . The welfare of Mississippi’s most vulnerable population – their prisoners, including Mrs. Rasco’s girls – is in your hands. Please at least read up on the blogs and see what we’re seeing; I don’t know how you all could not know what’s going on there. I’m getting mail from other women complaining about medical services in that particular facility, too, and expect more within the next couple of weeks. They are resisting their shoddy treatment, and writing and talking about it – there’s no better time than now to go in there…

Please let me know if your office will be following up on this complaint with a CRIPA investigation, or referring it to a more appropriate department for follow-up. Without question, though, we need some kind of federal intervention in Mississippi now. I may be asking for help in Arizona, next, but first things first.

Thank you for your time and attention.

Sincerely,

Margaret J. Plews

Prison Abolitionist

Free Lynne Stewart!

The Friends of Marcia Powell heard from Lynne Stewart today, in response to a postcard we sent her from the First Amendment / Anti-Arpaio Rally at the Cronkite School of Broadcasting a month or so ago.

As an attorney Lynne represented many political prisoners from our great liberation movements pro bono, in many cases, over the past few decades. That's the real reason why the federal government wants to kill her, regardless of what party is in power. Hit her site to see why this beautiful, courageous woman is fighting cancer and the Justice Department from behind bars now herself.


If you want to write to a political prisoner and have already done your www.mailart4mumia.org project (mail your art to the White House and DOJ the week of April 24), drop a note of support to Lynne at:

Lynne Stewart (53504-054)
MCC - NY
150 Park Row
New York, New York 10007

You can also do some artwork similar to the campaign for Mumia ( or steal mine and make postcards out of it - I just messed with the color from and ordinary chalked sidewalk). We'll hit the White House, Justice Department, US Congress members, the Washington Post, and everyone else we can think of with "Free Lynne Stewart". She's the one of all the political prisoners who they themselves are probably rooting for the most right now - like Mumia, her life is in danger.