Posted by TheBlackList on January 26, 2009 at 10:58am
Kwasi Seitu:
This proposal calls for support and assistance in resurrecting the black grassroots into leading movement for social change and justice domestically and internationally, with its base in the southern states of the United States. Based on work that I have been engaged for the past nine years, an opportunity exists to begin disrupting and dismantling the racist hold on local, regional, and state power throughout the South. My work focuses on the systemic criminal abuses of sheriff departments, prosecutors, and judges that have been directed at black people over the last 140-years as a means of holding us in state of peonage and outright slavery. It begins with the deprivation of civil and human rights by a police officer, which is then exasperated by the corrupt conduct of prosecutors and judges, all as a matter of routine practice. And this goes on because no one, no organization, no government entity stands to challenge and question it; and the victims are either without the intellectual wherewithall to do so, or are simply ignored by the system when they do.
Introduction
In 2003, I submitted to the Judiciary Committees of the House and Senate a complaint and demand for justice outlining in detail, with supporting documentation, this situation as it existed in two southern state judicial districts, South Carolina and Georgia. The complaint was submitted to the Congressional committees because it concerned and detailed the collusion by agents of the Federal Bureau of Investigation, officials in the Department of Justice, two federal magistrates and five federal judges in obstructing the operation of law to arrest the illegal seizures and detentions. Specifically, FBI agents refused to investigate, U.S. Attorneys refused to direct the FBI to perform its sworn duty and in turn, refused to perform their sworn duty, and federal judges would refuse to allow due access to judicial process on petitions for mandamus and habeas corpus. Thus, these federal officials are guilty of violating the First, Sixth, Thirteenth, and Fourteenth amendments to the United States Constitution and the International Declaration of Human Rights, which is a treaty and constitutes a violation of Article III of the United States Constitution. In addition to violating various aspects of the Constitution, the conduct of the federal officials also constitute violations of numerous criminal statutes as aiders and abetters in the commission of crimes as set forth in the RICO statutes (Racketeer Influence and Corrupt Organization - 18 U.S.C. § 1961–1968). The full text of the of Seitu Complaint can be found at www.pdn-itj.org.
Background
In 2000, I worked as the coordinator of the African American Environmental Justice Action Network (AAEJAN), which was the only black grassroots representation within the Environmental Justice movement and consisted of black working class communities throughout the South. AAEJAN was the primary project of the Southern Organizing Committee for Social and Economic Justice (SOC), but was in the process of becoming independent of SOC under a re-structuring and action plan I had devised and that was adopted by unnanomous vote of the body at its first and only network conference in Washington, D.C., on September 21, 1999. The re-structuring plan set forth extensive changes that provided for true bottom-up control of the network and extensive expansion, putting in place local, regional, and state bodies; along with solidifying the network coordinating committee and establishing an interim coordinator’s office.
In 2000, while traveling to meet with network communities, I was subjected to two racial profile stops that resulted in my being taken to jail. The first stop occurred in late January in Cook County, Georgia, the second in mid-March while traveling through Cherokee County, South Carolina. In each instance I immediately began an investigation to expose what I was able to assertain as the routine practice of subjecting black people to false arrest and illegal detention. Although any person may be subjected to this sort of treatment, it is primarily black people who are the target and victims. In my own case, I was stopped on the pretext of speeding, which immediately became a purported investigative stop by way of an illegal search of my vehicle and upon failure to find anything incriminating continued on to my being seized for “DUI by refusal.” Once in captivity in both situations, other more serious charges were placed on me, in Georgia sit was “obstruction of an officer,” and in South Carolian it was “assault on a jailer by making a quick move.” Exorbantant bonds are then placed on the person, for those who are able to post the bond, that bond money is never returned even though there is no process to prosecute. However, the lack of due proceeding does not result in a dismissal of the purported charges, the mere existense of the charges is used for future harass in order to ultimately extort fees and fines out of the person.
For those unable to meet the bond there is indeterminate detention, they are never taken before a judge, bond is set in some backroom by some local magistrate who the person never sees. There is no initial appearance, no arraignment, no appointment of counsel, no preliminary hearing, no charging documents, the person is usually informed by the jailers as to the charge(s), which are heightened in severity and multiplied over time in most instances. From time to time jailers and prosecutors come through the jails with what they call a “guilty plea list,” with the promise that any one refusing to sign onto it will be subjected to six or more months of detention until the “next term of court.” Those who sign the list are then taken before the prosecutor and their assistants, surrounded by a small army of deputies from the sheriff’s department and coerced into signing away their rights. After this is accomplished the person is then brought before a judge who sentences the person, some are sentenced to probation of five to as much as fifteen-years, a year more in the county jail and probation, or prison time.
Many held in the jails are leased out as unpaid laborers through various schemes, with fees for their work going to the sheriff, prosecutors, and judges. In Georgia, the sheriff used certain prisoners/”trustees” to sell drugs in the local black communities, drugs confiscated from stops on the highway. In addition to feeding the state prison system, many are detainees are essentially sold to private prisons or leased to other jails. I observed that at least 98% of the purported convictions in these jurisdictions resulted from guilty pleas, and the few trials of black defendants proceeded from prolonged illegal detentions, making the trials themselves illegal. I have not known of a single case where a defendant who had counsel and was subjected to this form a detention, including in capital cases, was ever allowed by the judges to raise constitutional due process claims. In my own situation, when I was finally able to confront local judges about the deprivation of due process, I was always met with hostility and threats of furthering my indefinite detention, which they permitted any way. The result of this practice is the wholesale preemptive nulification of voting and other collateral rights, as well as access to employment; or essentially the same impacts set forth under the “Black Codes.”
In 2003, having collected substantial documentation regarding the criminal collusion of federal officials with southern state officials in perpetuating the illegal detentions, I prepared and filed a complaint to the Judiciary Committees of the House and Senate, which have oversight responsibility over the executive and judiciary branches. As a result of taking the matter to that level, after having exhausted seeking redress and action at the highest levels of the FBI, DOJ, and the federal judiciary, I submitted my complaint to Congress. It was not long after doing this that the U.S. Attorney in Georgia began to engage in a series of prosecutions of officials in Cook County named in my complaint. However, those prosecutions have been for lesser crimes, all of which touch upon the illegal detentions, but avoid addressing them directly or in any substantive manner. It became evident to me that the prosecutions were in essence escape schemes, whereby the local official would be prosecuted for lesser offenses and given minimum sentences, while at the same time leaving certain practices of white power and control in place. At the same time the sham prosecutions appear to be intended to rebut the charges of failing to perform sworn duties. Not addressing the illegal detentions also means that there would be no recalling or reviewing the legality of thousands of convictions going back for 28-years in that one locality, which would trigger the necessity to review all convictions, including death penalty cases, across the state.
Work Product
Frank Robert Maxwell, the U.S. Attorney for the middle district of Georgia, initiated the prosecution of officials of the Alapaha Judicial District (Cook County being one of five counties comprising the district) in late 2003 and early 2004. Maxwell began with the prosecution of the district attorney, a man named Bob Ellis, which forced his removal from office, even though on relatively minor charges that did not result in any jail time. Maxwell has since pursued and forced the removal of sheriffs, court clerks, attorneys, a couple of judges, including the chief judge. The actions of Maxwell strongly appears to be the result of my continuous prodding of members of Congress, demanding an investigation of the FBI, the DOJ, and the federal judges named in my complaint. In 2006 and 2007, I increased my criticism of Maxwell’s prosecutions, noting that it did not reach the chief judge of the district, a man named Brooks Blitch. By late 2007, Maxwell began a grand jury investigation of Blitch and indicted him in the late spring of 2008, a month after I made visits to Capital Hill complaining of the sham prosecutions.
My complaint preceeded by nearly two-years the current congressional investigations of the DOJ and FBI regarding what is referred to as “the politicization” of the department and agency, hitting on the refusal of U.S. Attorneys and the entire department, including the FBI, to enforce laws that would address and arrest the illegal seizures and detentions of blacks. Although Congress has not openly addressed the issue, it appears that action was initiated through back-channels, but with the aim of evading addressing the illegal detentions directly. Based on the allegations set forth in the complaint Congress would be compelled to:
expand the current investigative hearings of the DOJ to its refusals and failures to have acted on the illegal detentions and the failure to police the FBI;
conduct impeachment proceedings against no less than eight federal judges and revise law provisions that currently allow for the federal judiciary to police itself;
enact legislation tightening the rules on the nomination, review, and appointment of federal judges;
appoint special prosecutors to proceed with criminal charges against those federal officials found to have assisted in the obstruction of justice whether by acts of commission or ommission;
appoint special prosecutors and judges to preside over the criminal prosecution of state officials involved with the illegal seizures and detentions;
review and amend current habeas corpus law in order to restore its intent and effectiveness as a remedy of immediate relief from illegal detention;
enact legislation making racial profiling and unlawful seizure prosecutable as kidnap and false imprisonment;
enact legislation making illegal detention prosecutable as hostage taking and holding;
establish special habeas corpus courts and appoint special judges to ensure the review of all convictions out of jurisdictions found to have been, or are currently engaged in any form of illegal detention;
assure the release of all persons from state prisons whose convictions cannot be shown to have been obtained by strict adherence to pretrial due process;
assure the restoration of voting rights to all persons who have been denied that right by way of wrongful imprisonment and given just compensation by the state.
Proposal
With the election of Barack Obama as president, the Democrats are now in control of the legislative and executive branches of the government, with a huge mandate for change, as was the mantra of Obama’s campaign. A day or two before his inauguration Barack Obama called on people to go beyond celebrating and begin“organizing.” The primary objective of my work has been to organize, to increase grassroots organization within the black struggle in particular, and in mass struggle in general. In this regard, part of the objective has been achieved in forcing the prosecution and removal of the white power elite of the Alapaha Judicial District in Georgia, making it possible for the long oppressed black people there to begin organizing without fear of immediate retaliation. Thus, the first phase was to expose the problem, the second phase was to cause systemic change, and the next immediate phase is to assist the impacted population to push for, and make, specific changes.
It is therefore important that the impacted people in the Alapaha Judicial District understand the real source and causes behind the changes they are seeing, rather than relying on information being fed to them by the DOJ (through Maxwell Wood) and the controlled press. The people of the Alapaha Judicial District need to understand that Maxwell Wood is not prosecuting the local officials for the illegal seizures and detentions, which will result in a continuation of the practice, although in a reformed manner. Currently, there is no organization within the black communities of the district that can provide the sort of education needed to effectively mobilize it other than the one that I have proposed and acted as, the People’s Defense Network. Initially, my plan was to carry forth this work through SOC and AAEJAN, neither of which exists any longer. I do have contact with a few individuals in the Alapaha Judicial District, however, this has proven insufficient for producing any education, outreach, and mobilization.
A major part of the problem is the complexity and extensive nature of the matter, which has required expertise in law, process, and political strategizing. Secondly, other major obstacles to organizing has been the lack of resources in terms of funding and the simple fact that it has in no way been safe for me to return to the area, nor for the residents there to be seen as part of my effort. In this regard I propose the following:
The formation of a resource and support coalition comprised of academics, legal and other professionals, students, and social justice organizations to assist the people of the Alapaha Judicial District in developing organization and technical skills.
The production of informational papers (flyers and newsletter) and a dedicated web site to inform, educate, and mobilize the local populice.
Organizing and conducting community meetings and trainings, recruiting youth, and marshalling local resources and energies within a collective plan of action.
Developing regional and state coalitions to serve as task forces to address the restoration of voting rights, reform of the criminal justice system, public policy on re-entry, the public accountability of the judiciary and law enforcement.
Due to my role as the initiator, it is critical that I return to the district and am already in discussions with local people on making this possible. I cannot, however, travel back into the area alone and without solid support in spite of the arrest and removal of the old power elite. In this regard I ask that colleges, through their Law and Political Science programs, provide interns and funding to make it possible for them to accompany me and work with the impacted communities. I also would need those schools to lend their support to pressuring Congress to act on the complaint and assist in the immediate generation of grassroots (person to person) support for this effort in the form of material contributions through the web site of the Peoples’ Defense Netork and Institute for Tsunamic Justice (www.pdn-itj.org).
Suggested Time Table for Action
(February – March) The new Congress is currently in session and will be in session until late June, regular visits to, and constant communication with, the offices senators and representatives on the Judiciary Committees and from South Carolina and Georgia must be made by as many people as possible demanding action. We must demand that they act on the complaint by April, meaning we use February and March to carry out a campaign of mass phone calls, emails, and letters to congress.
(February) Two one-week visits to the Alapaha District to meet with residents in all five counties, once in February and one in latter part of the month to discuss and clarify events, and to establish a core group of local organizers.
(February) Establish local, regional, and national public education campaign and media strategies.
(February - April) Solidify a broad coalition of activists, academics, professionals, artists, and grassroots organizations who are interested in participating in the effort, gathering ideas, expertise, and resources. Link with other criminal justice, prison, and government accountability efforts
(March –July) Begin to open up effort in South Carolina, Mississippi, Louisiana, Florida, Alabama, North Carolina, and Texas by identifying other locals in those states with similar problems – establish national “hotline.” Increase organization and coalition efforts.
(April) Congressional hearings or place congress under siege, begin non-violent civil disobedient occupation of the halls of congress and congressional offices; bring up people from impacted communities.
(May - ) Continue to build.
Budget
The following is only general estimate of what is needed immediately to forward this work personally, which includes compensation for my time and energies for a period of 90-120 days commencing immediately:
Compensation …………………………………………………………………$15,000.00
Travel ………………………………………………………………………… $15,000.00
Communications …………………………………………………………… ...$ 2,000.00
Lodging ………………………………………………………………………..$ 4,000.00
Printing ………………………………………………………………………..$ 5,000.00
Equipment ……………………………………………………………………. $ 3,500.00
Misc. …………………………………………………………………………..$ 500.00
Contingency……………………………………………………………………$ 700.00
Total …………………………………………………………………………...$43,700.00
(“Compensation” for time and energy; “Travel” will include vehicle and gas; “Lodging” for hotels and meals; “Printing” of materials and copying; “Communications” includes cell phone, mobile internet, and faxing; “Equipment” to include laptop computer, recorders, and cameras; “Miscoleanous” to include postage and shipping; “Contingency” for emergencies)
This roughly comes out to a little less than $14,600.00 a month in total operation for a 90-day period and approximately $11,000.00 a month over 120 days. Expenses for travel, communications, and equipment would be initial and one time expendatures totaling nearly half of the total cost, meaning the remaing aspects of the work through me would cost to just under $8,000.00 a month over 90-days, or just under $6,000.00 a month over four months. My hope and intention is to raise at least one-third to half of this total projected cost through individual contributions on the PDN web site, with the remainder coming from larger donors, institutions, and foundations.
It is also expected that various schools will take up components of the work as part of there criminal justice or other student training program, along with various social justice and civil rights organizations taking a lead in advancing various aspects of the effort such as restoration of voting rights and conducting community impact assessments.
Kwasi Seitu
Peoples’ Defense Network
Institute for Tsunamic Justiceomowaleday@yahoo.com
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