There
is the adage that Nero fiddled while Rome burned, and I fear it is
the adage that may define the ways too many observers have filtered
the 45 administration through a skewed lens. There has been much
commentary about 45’s twisted tweets, his threats to fire
special counsel and former FBI chief Robert Mueller, and his general
shenanigans. There has been much less focus on the way his
appointees have quietly changed the rules of engagement for too many
citizens.
Just
last week, according to the Washington Post, the US Court of Appeals
in the District of Columbia said that the Federal Communications
Commission exceeded its authority when it capped the cost of phone
calls made by prison inmates. FCC Commissioner Mignon Clyburn, who
championed this cause, described the court decision “as the
greatest form of regulatory injustice I have seen in my 18 years as a
regulator in the communications space”. Clyburn is the only
Democratic commissioner on the FCC, which has two vacant seats that
45 can appoint. She says the cost of prison phone calls is a civil
rights issue. More than 2.7 million children have an incarcerated
parent, and the high cost of prison phone calls prevents them from
having regular contact with them.
The
FCC was prepared to defend its caps on prison phone calls, which can
cost as much as $10 a minute, until our nation’s political
leadership changed. Ajit Pai, a Republican member of the FCC
(appointed by President Obama, who was required to appoint members of
both parties), was elevated to chair the FCC. The free-market Pai
said FCC lawyers, who were prepared to defend rate caps in courts, no
longer had authorization to do so. Pai did not have to make that
call, but he did, apparently at the behest of 45. Now, private
companies, many with monopoly arrangements with prisons, can set
rates as high as they like.
By
the way, the caps, which were as high as 25 cents a minute, much
higher than the market costs of phone calls, allowed lots of room for
profit, since the real cost of a phone call is less than two cents a
minute. But too many of the phone companies with monopoly
arrangements with prisons were funding prison operations with
contracts that looked very much like kickbacks. In other words,
prison administrations were profiting from inmate misery.
Most
research says that regular family contact is one of the ways that
recidivism is prevented. Those incarcerated who have family ties
return to the general population eager to continue to develop those
connections, while those who have been isolated from their families
may feel they have less to lose and are more easily arrested. It is
in the public interest that those incarcerated maintain and nourish
family contacts, but too many prison administrators have another
idea. They want to make money from the desperate situation of the
incarcerated.
The
current administration’s attempt to roll back Obama-era prison
reforms is not restricted to the matter of prison phone calls. While
President Obama said he would cease to use private prisons to house
federal inmates, Attorney General Jeff Sessions says that the Justice
Department will use private prisons for federal inmates. This makes
incarceration a profit center for companies that run faulty
facilities that are likely to be unsafe and ineffective. Some of the
companies that run these private prisons are publicly traded,
cementing the notion that incarceration for some Americans is a
profit center for others. Nearly 22,000 federal inmates are held in
privately run prisons, managed by private-prison operators:
Management and Training Corporation, the GEO Group and CoreCivic,
which used to be known as Corrections Corporation of America.
Incarceration
is an enterprise and an economic development engine in some
communities. Prisons are not only centers of incarceration, but also
centers of employment. Those who invest in CoreCivic stock, for
example, are investing in the possibility of increasing the rate of
incarceration in the future. The Obama Administration, belatedly,
put these companies on warning that prison reform would slow the flow
of new inmates. Now, 45 and Sessions are signaling that there are
more profits to be gained through mass incarceration.
Phone
calls are simply the tip of the iceberg. Who manages prison
commissaries, and how much more do their products cost than those
that are commercially available? How do people send money to their
loved ones for commissary items, and how much must they pay to
transmit monies? How many states require inmates to pay for health
services? How many pay prisoners 18 or 25 cents an hour for prison
labor, but charge them exorbitant amounts for services? Who
regulates this and how likely are incarcerated people to be worse off
thanks to 45 and his free-market minions?
FCC
Commissioner Mignon Clyburn deserves our thanks for her commitment to
the rights of those incarcerated. The rest of us should be repelled
by the prison profit pipeline.
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