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Musings on U.S. Judicial Repression By Jalil A. Muntaqim, Guest Commentator

Note: This article represents the political thinking of Jalil A. Muntaqim, and is not a joint statement from the San Francisco 8.

The question is often asked why the government is prosecuting 8 alleged former members of the Black Panther Party ranging from age 70 to 56 for the death of a police officer 36 years ago. In January 2006, the S.F. 8 were charged with an armed assault on a police station resulting in the death of a police officer. What is not readily known is that in 1975 these charges had been brought against three former Panthers, of which one is again being accused, and those charges were dropped because the prosecution failed to inform a grand jury that information given them was due to the accused having been tortured. New Orleans police officers conducted the torture with the explicit consent of S.F. police officers investigating the alleged police station attack.

Since 1975, there has been no new evidence or information, including the absence of DNA, tainted latent fingerprint evidence, lost weapons and ballistic evidence, tortured and coerce confessions, lost FBI tape recordings, police cover-ups and perjured testimony. So, the question must be asked what is the judicial system trying to prove by disrupting the lives of 6 of the 8 who had been living peaceful family lives for over 25 years? It must be acknowledge that one of the eight have been completely dismissed from the case, having only been charged with conspiracy, a charge that has been dismissed against 5 of the accused, so only seven are now being prosecuted. Given the weakness of the prosecution’s case, it must therefore be held that the purpose for the prosecution of these men is political. Thus, we are required to look at this judicial process as a part of political system in a governmental pogrom to repress dissent, to racism and domestic police/military repression that is being codified into law.

In this regard, these musings will address the mass and popular movement on how it must be directed toward an overall political understanding of the various aspects of the judicial process, the police, court and prisons, and their functions in a corporate capitalist social structure. The demystification of the judicial system provides the mass and popular movement with an understanding of how the masses are controlled, and manipulated by the courts, congress, and legislative bodies of the corporate-government for the benefit of corporate monopoly-capitalists. As poverty begets crime and social change, it is imperative that the judicial process is reveal as an instrument of controlling the masses along lines of class divisions and national oppression. As in a Spring 1964 speech to activist by El Hajj Malik Shabazz:

“You and I in America are not faced with a segregationist conspiracy, we’re faced with a government conspiracy… it is the government itself, the government of America, that is responsible for the oppression and exploitation and degradation of Black people in this country… This government has failed the Negro.” [New Afrikan] [1]

Most U.S., Inc. [2] laws serve the continued morass of national oppression and class exploitation, as the police, courts and prisons preserve the system of domestic monopoly-capitalist domination, and prohibit the possibility of revolutionary social change. It is imperative that progressive and revolutionary forces expose how the Federal Bureau of Investigation, the Central Intelligence Agency, the National Security Agency, the Department of Defense and the various branches of the military serve to maintain corporate capitalism-imperialism. In this way, it will be exposed how various branches of the judiciary creates laws which undermine equal justice and uphold the existing system of national and class oppression. This should not be a surprise when considering the FBI’s memorandum of August 25, 1967 describing the purpose and intent of Cointelpro:

“…to expose, disrupt, misdirect, discredit, or otherwise neutralize the activities of black nationalist, hate-type organizations and groupings, their leadership, spokesmen, membership, and supporters, and to counter their propensity for violence and civil disorder.

The pernicious background of such groups, their duplicity, and such publicity will have a neutralizing effect. Efforts of the various groups to consolidate their forces or to recruit new or youthful adherents must be frustrated. No opportunity should be missed to exploit through counterintelligence techniques the organizational and personal conflicts of the leadership of the groups and where possible an effort should be made to capitalize upon existing conflicts between competing Black Nationalist organizations. When an opportunity is apparent to disrupt or neutralize Black Nationalist, hate-type organizations through cooperation of established local news media contacts or through such contact with sources available to the Seat of Government, in every instance careful attention must be given to the proposal to insure the targeted group is disrupted, ridiculed, or discredited through publicity and not merely publicized.

Intensified attention under this program should be afforded to the activities of such groups as the Student Nonviolent Coordinating Committee, the Southern Christian Leadership Conference, Revolutionary Action Movement, the Deacons for Defense and Justice, Congress of Racial Equality, Nation of Islam. Particular emphasis should be given to extremists who direct the activities and policies of revolutionary or militant groups as Stokely Carmichael, H. “Rap” Brown, Elijah Muhammad, and Maxwell Stanford.”

In another internal FBI memorandum of March 9, 1968, it proposed neutralizing those who promoted fundamental changes challenging socio-economic conditions confronting poor and oppressed communities. The memorandum specifically encouraged neutralizing New Afrikan youths, stating: “Negro youths and moderates must be made to understand that if they succumb to revolutionary teachings, they will be dead revolutionaries.” The history of domestic civil and human rights violations by the FBI and U.S. military has been deliberately hidden from the American population, as it was from 1966 to 1975 when the Black Panther Party was a principle target. For example, Americans are unaware of the extent to which the religious pacifist and civil rights leader, Dr. Martin L. King, Jr., was a target of the FBI, other U.S. intelligence agencies and Military Intelligence Group. The U.S. Senate Church Committee Report of 1976, titled, Intelligence Activities and the Rights of Americans, informs: [T]he “neutralization” program continued until Dr. King’s death. As late as March 1968, FBI agents were being instructed to neutralize Dr. King because he might become “a messiah” who could “unify, and electrify the militant Black Nationalist movement, if he were to abandon his ‘obedience’ to ‘white liberal doctrines’ (nonviolence) and embrace Black Nationalism.” Steps were taken to subvert the “Poor People’s Campaign” which Dr. King was planning to lead in the spring of 1968. Even after King’s death, agents in the field were proposing methods for harassing his widow, and Bureau officials were trying to prevent his birthday from becoming a national holiday. [3]

However, since September 11, 2001, a series of laws has legalized what had been unconstitutional police, FBI and U.S. military domestic activities. In anticipation of U.S. progressive activists opposing this claimed war against terrorism, the federal corporate government has passed new laws broadening the Patriot Act. Specifically, these new laws severely restrict protest, demonstrations and dissent, as for example, the October 17, 2006, signing of the John Warner Defense Authorization Act of 2007. In a private Oval Office ceremony, the president signed the bill that permits his office to declare a public emergency and station troops anywhere in America, taking control of state-based National Guard units without the consent of the governor or local authorities, in order to suppress public disorder. On this same day, the president signed the Military Commission Act of 2006, that allows for torture and detention abroad, as Section 1076 titled, Use of the Armed Forces in Major Public Emergencies, essentially puts in place the mechanism for the implementation of “martial law” according to Section 333, which states:

“…the President may employ the armed forces, including the National Guard, in Federal service, to restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the president determines that domestic violence has occurred to such an extent that the constitutional authorities of the State or possession are incapable of (‘refuse’ or ‘fail’ in)...”

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Most recently, 404 U.S. House Representatives passed HR 1955 titled, The Violent Radicalization and Homegrown Terrorism Prevention Act of 2007, which in the series of bills has substantiated the means and method for the application of martial law. This latest initiative establishes a crime for the promotion of ideological terrorism, and Section 899D creates a Center of Excellence for the Study of Violent Radicalization and Homegrown Terrorism in the United States under the auspices of th Department of Homeland Security. All of these laws severely erode the U.S., Inc. constitution, violate civil and human rights, and project and promote martial law and a fascist police state agenda.

Domestically, the police, courts and prisons are the primary institutions of repressing the aspirations of human rights the mass and popular movement seeks to achieve, prisons being the last rung in the ladder of judicial coercion. Hence, the mass and popular movement must demand:

  • the closing of and a moratorium on the building of prison,
  • strengthening support for the prison movement,
  • the release of political prisoners of war,
  • the end of torture of captured revolutionaries,
  • the abolition of capital punishment,
  • the end of prison slavery as instituted by the 13th Amendment of the U.S., Inc. Constitution.

In this way, the functioning of the judicial process is inequitable, indicating how most laws serve to suppress the will of the masses' aspirations for freedom, and underlines that the police, courts and prisons are repressive coercive bureaucracies of corporate monopoly-capitalism. Ultimately, this understanding will demystify the judicial process, and broaden a mass and popular consciousness to become fearless when confronting the State. [4] The martyred Black Panther Party Field Marshall, George Jackson, advised that:

“Consciousness grows in spirals. Growth implies feeding and being fed. We feed conscious by feeding people, addressing ourselves to their needs, the basic social needs, working, organizing toward a national left. After the people have created something that they are willing to defend, a wealth of new ideals and autonomous subsistence infrastructure, then they are ready to be brought into “open” conflict with the ruling class and its supporters.”

Unfortunately, the majority of young New Afrikans do not know their peoples’ history of struggle in this country beyond the civil rights movement. Therefore, they are unable to recount the conditions of heroic struggles as those of Denmark Vesey, Gabriel Prosser, Nat Turner and the hundreds of slave rebellions pre-civil war. They are unaware of the forced migration of New Afrikans from the South after the civil war because of the Hayes/Tilden compromise and advent of the Klu Klux Klan out of the Confederate Army. They are unable to relate to the history of racist lynching of thousands throughout the South that served to bring the NAACP into existence in 1909, evolving out of the Niagara Movement with its anti-lynching program. They know nothing about the killing of nearly 100 New Afrikans during white racist riots in 1919 in Chicago and New York, or the destruction of Black Wall Street in Tulsa Oklahoma. They do not truly understand how the practice of the Black Codes and Jim Crow segregation gave birth to the civil rights movement, out of which the Black liberation movement was born. It is this history of struggle, and particularly the legacy of struggle represented by the Black Panther Party, that is currently being attack with the persecution of the SF 8.

Hence, it is these concerns that offer reasons why the SF 8 must be supported and the reason why the SF 8 must be victorious, in order to undermine all efforts of the U.S. corporate-government to repress and destroy socio-political movements for true change. In this regards, the SF 8 issued a joint statement that urged their supporters to organize specific objectives:

Anti-Torture Legislation:

In 1909, the Niagara Movement evolved into the NAACP led by W.E.B. Dubois. The principle platform of the NAACP at that time was a struggle to forge an anti-lynching movement. Today, torture in its many forms has become a scourge in America, the inhumane use of restraint chairs in jails and prison, an especially despicable device reminiscent of medieval torture mechanisms. There has been an increase use of tasers as a weapon to induce confessions and control prisoners, resulting in many deaths – another inhumane torture device. In the case of the SF 8, law enforcement officers employed similar torture techniques, including those used in Vietnam and in Abu Ghraib by U.S. military personnel. The use of torture permeates all facets of the so-called criminal justice system.

The San Francisco 8 call for a national campaign demanding anti-torture legislation on local levels (city councils and state legislatures), holding that any form of interrogation using water boarding, simulated drowning technique, cattle prods, tasers, restraint chair, physical beatings, sensory and sleep deprivation, and psychological coercion must be deemed inhumane and criminal. Thusly, the SF 8 calls for all progressive and peace loving people to join in a national campaign on city, state and congressional levels for proclamations and legislations outlawing all forms of torture.

Reopen COINTELPRO Hearings:

Although it is well known the FBI targeted the Black Panther Party for annihilation, employing a secret counter-intelligence program (Cointelpro), what is now known as a direct consequence of Cointelpro, is that there are 100 political prisoners languishing in prisons as they have for over 30 years. The FBI Cointelpro actions resulted in assassination, criminalization, vilification, and the splitting of the BPP, leading to its destruction. In 1974, the Senate Church Committee investigating the FBI Cointelpro activities declared such practices unconstitutional.
Unfortunately, the Senate Church Committee failed to create remedies for those who were victims and suffered from the unconstitutional practices of the FBI and police departments. Therefore, the San Francisco 8 hereby calls for a national movement for the reopening of Cointelpro by the Judiciary Committee in Congress and the holding of public hearings on why 100 political prisoners, Cointelpro victims, languish in prison, now for over 30 years.

Truth and Reconciliation Commission:

At the conclusion of hostilities in the struggle to end apartheid in South Africa, progressive forces sought to resolve potential antagonisms subject to racial socio-economic and political strife during the decades of apartheid. Their efforts led to the creation of the Truth and Reconciliation Commission, principally led by the Honorable Archbishop Desmond Tutu.
Similar to the apartheid regime in South Africa, New Afrikans in the United States

suffered under a racial system of Black Codes and Jim Crow, forms of political repression, social and economic segregation, and state sponsored terrorism. At no time has there been a national determination to resolve political, social or economic antagonism born out of centuries/decades of racial strife with the exception of affirmative action programs that have now been rolled back. In recent years, as a result of the reparations movement, some corporations, cities and states have issued apologies for having been involved in the Atlantic slave trade. Despite these apologies, the systemic inequities prevail with devastating consequences on every vestige of life confronting the majority of New Afrikans.

The San Francisco 8 believes there is a need for a national dialogue and process to address these inequities, and forge a catalyst to heal America’s racial trauma. The SF 8 calls for a Truth and Reconciliation Commission to address these historic dynamics of socio-economic and cultural determinations that inhibit New Afrikans from developing the necessary psychological inducements towards self-reliance and self-determination.

Given these three calls for action and challenges, the SF 8 preserves and extends the history of struggle in which New Afrikans have been engaged despite U.S. corporate-government continued efforts to destroy the legacy of struggle evolving out of the Black liberation movement. However, the San Francisco 8 believes the power of the people will prevail and change is inevitable, once a culture of resistance has been institutionalized in a mass and popular movement. It must be noted that recently Archbishop Desmond Tutu and 5 other Noble Peace Prize Laureates issued an international call demanding all charges against the San Francisco 8 be dropped, and that Herman Bell and Jalil A. Muntaqim be immediately released from prison on humanitarian grounds. Moreover, on November 6, 2007, in a vote eight to none, with one abstention, the City Council of Berkeley, California, issued a resolution demanding all charges against the S.F. 8 be dismissed, as have many national legal and political organizations across the country.

Footnotes:


[1] Twelve Point Program of the Revolutionary Action Movement, 1964.

[2] The Act to Provide a Government for the District of Columbia, Section 34 of the Forty-First Congress of the United States, Session III, Chapter 61 and 62, enacted on February 21, 1871, states:

“The UNITED STATES OF AMERICA is a corporation, whose jurisdiction is applicable only in the ten-mile-square parcel of land known as the District of Columbia and to what ever properties are legally titled to the UNITED STATES, by its registration in the corporate County, State, and federal governments that are under military power of the UNITED STATES and its creditors.” (Emphasis added)

Furthermore, pursuant to Title 28 U.S.C. 3002 (15) (a), the United States is a Federal Corporation.  Title 28 U.S.C. 3002 (15) (3), further informs that all departments of the U.S., is part of the corporation. The Commerce Department acquires birth certificates via county and state governments, which contractually, makes these live births ultimately commerce property of the U.S. Corporation, with a monetary value attached to each certificate.

[3] For more information on Dr. Martin L. King, Jr. being a U.S. government and military target read: The Cointelpro Papers: Documents from the Fbi's Secret Wars Against Dissent in the United States (South End Press Classics Series, Volume, 8) (Boston; South End Press, 1990), by Ward Churchill; Whiteout: The CIA, Drugs and the Press (Versco, NY 1999) by Alexander Cockburn; An Act of State: The Execution of Martin Luther King, by William F. Pepper (2003).

[4] In 1998, two specific organizations were formed for this specific purpose, the Jericho Amnesty Movement and Critical Resistance, and both continue to be a source of information and resistance exposing the overall criminal (in)justice system. Check: www.thejerichomovement.com and www.criticalresistance.org. The Jericho Amnesty Movement has also called for the reopening of Cointelpro hearings, on behalf of approximately 100 Cointelpro victims, U.S. political prisoners languishing in prison for 30 to 40 years.

BC Guest Commentator, Jalil, A. Muntaqim is currently incarcerated. You may write to him at:

Jali A. Muntaqim - AnthonyBottom, #2311826
850 Bryant St,
San Francisco, CA 94103

To learn more about the case of the SF 8 check: freethesf8.org. This article represents the political thinking of Jalil A. Muntaqim, and not a joint statement from the San Francisco 8. To learn more about Jalil, check: www.freejalil.com. Click here to contact the NYC Jericho Movement.

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February 28, 2008
Issue 266

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Executive Editor:
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