EXPOSING “LITTLE GUANTANAMO:”
Inside the CMU

Daniel McGowan

#63794-053
United States Penite:
Marion, IL - CMU

Exposing “Little Guantanamo:” Inside the CMU
First Published 2009
First Edition

Published by the New York City Branch of
the Anarchist Black Cross Federation
and

Family and Friends of Daniel McGowan

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Daniel McGowan
#63794.053

USP Marion-CMU
Post Office Box 1000
Marion, Ilinois 62959

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EXPOSING “LITTLE GUANTANAMO:”
Inside the CMU

ment Unit,” or CMU, for roughly nine months, and now s a good time

to address the misconceptions (and the silence) regarding this unit. T
want 10 offer a snapshot of my day-to-day life here as well as some analysis
of what the existence of CMUs in the federal prison system implies. It is
my hope that this article will partially il the void of information that exists
concerning the CMU, will help dispel rumors, and will inspire you to support
those of us on the inside fighting the existence of these isolation units — in the
courts and in the realm of public opinion.

5 s of May 2009, I have been at USP Marion's “Communication Manage-

It s best to start from the beginning — or at least where my story and the
CMU meet. My transfer here is no different from that of many of the men here
who were living at Federal Correctional Institutions (normal prisons) prior
to the genesis of the CMUs. On May 12, 2008, on my way back from a decent
lunch, T was told to report to "R&D" (receiving and discharge). I was given two
boxes and half an hour to pack up my meager possessions. After complying [
was placed in the SHU (seeure housing unit or *hole”) and put on a bus the
next day. There was no hearing and no information given to me or my attor.
neys — only after a day was I told I was on my way to Marion, Ilinois' CMU.

Hearing the term “CMU” made my knees buckle as it drummed up some
‘memory I had of the infamous ‘control units’ at Marion (closed in 1995 and
replaced by Florence ADX: the lone Federal “Supermax” prison.) Then it hit
me. The lawyers, in challenging the application of the tervorist enhancement
in my case mado the prescient argument that if I receive the enhancoment,
the Bureau of Prisons (BoP) would use that to place me in the CMU at FCT
Terre Haute, Indiana (at the time just 5 months old).* In fact, on the way to
FCI Sandstone in August 2007, T not only saw the CMU but met one of its
rosidents while in transit. Let me back up and offer a brief history of the Com
‘munication Management Units.

The CMU 1 reside in, at USP Marion, received its fist prisoner in May 2008
and when I arrived, held about 17 men, the majority of whom were Muslim,
Currently, the unit has 25, with a capacity of 52 cells. In April 2009, we re-
ceived seven new people, all of whom were from the CMU at FCI Terre Haute.
The unit is overwhelmingly Muslim with 18 men identifying as such. Most,
but not all of the prison,* have so-called terrorism cases. According to a BoP
spokesperson, the unit *will not be limited to inmates convicted of terrorism
related cases though all of the prisoners fit that description.” Others have
prison disciplinary violations or allegations related to communication and the
misuse of telephones, ete. Here, almost everyone has a terrorism related case
~ whether it is like my case (destruction of property characterized as ‘domestic

a
terrorism) or conspiracy and ‘providing material aid’cases.

Before the Marion CMU opened, there was the original CMU, opened in
December 2006 at the former death row at FCI Terre Haute.’ According to
carly articles, the unit was intended for *sccond tier terrorism inmates, most
of them Arab Muslims and a less restrictive version of the Supermax in Flor-
ence, Colorado.”

Additionally, BoP Director Harley Lappin, in a July 2008 hearing on the 2009
BoP budget raquest, said this about the CMUs:

Aot of the more serious offenders, terrorists, were housed at ADX Florence.
S0, we are ramping up two communications management units that are less
rostrictive but will ensure that all mail and phone calls of the offenders are
monitored on a daily basis”

Terre Haute's CMU has 36 men (27 of whom are Muslim) and is roughly com.
parable to Marion's CMU.* The rest of this piece focuses on the latter, in which
I have resided and of which I have seen firsthand,

You may be curious about just what a CMU actually is. From my correspon-
dence, I can tell that many correspondents do not know much about what goes
on here. T hope this can clear up any misperceptions. According to the BoP,

The CMU is [sic] established to house inmates who, due to their curront of
fense of conviction, offense conduct or other verified information, require in-
ereased monitoring of communication between inmates and persons in the
community in order to protect the safety, security, and orderly operations of
Bureau facilitics and protect the public...The CMU is a self-contained general
population housing unit."*

There are, of course, alternate views to the above definition including the
belief that the CMUs are Muslim units, a political prisoner unit similar to the
HSU operated by the BoP in the 80's," and a punishment unit.

The CMUS have an extremely high Muslim population; here at Marion, it
is 65-75%. An overrepresentation of any one demographic in a prison raises
constitutional issues of equal protection as well as safety issues. Nowhere in
the BoP will you find any group represented in such extreme disproportion. To
counter these claims, the BoP brought in a small number of non-Muslims to
be used as proof that the units are not strietly Muslim (an interesting note is
that some of the Muslim men here have cases unrelated to terrorism). Dos the
inclusion of six people that are non-Muslim really negate the claim of segrega.
tion though? What are the eriteria for determining who comes to the CMU?
The BoP claims there are 211 international terrorists (and 1000 domestic ter-
rorists) in their system.* Yet, the CMUs have no more than 60 men at the
present time. Where are the rest of these people? How does the BoP determine
who of those 1200 are sent to a CMU and who to normal prisons? These are
‘questions that need to be asked ~ in court and in the media.

Many of the men here (both Muslim and non) are considered political prison.
ers in their respective movements and have been engaged in social justice, re-
ligious organizations, charities and humanitarian efforts."” Another conception
of the CMU is that i is a location designed to isolate s from our movements
and to act as a deterrent for others from those movements (as in ‘step outside

4
the line and you too will end up there). The intended effect of long-term hous-
ing of this kind is a profound sense of dislocation and alienation. With your
mail, email, phones, and visits monitored and no human touch allowed at the
visits, it is difficult to feel a conneetion to “the streets.” There is historical evi:
dence of the BoP utilizing political prisons — despite the fact that the Depart
ment of Justice refuses to acknowledge the concept of political prisoners in US
prisons, choosing to call us “criminal” instead

The Lexington High Security Unit (HSU) was one such example. Having
opened its 16-bed facilities in 1958 and housing a number of female political
prisoners, * the HSU functioned as an isolation unit - underground, bathed in
fluarescence, and limited interaction with staff. In the opinion of Dr. Richard
Korn, speaking on behalf of the American Civil Liberties Union, the unit’s goal

to reduce prisoners to a state of submission essential for their ideological
Conversion. That failing, the next objective is to reduce them as efficient, self
directing antagonists. That failing, the only alternative is to destroy them by
making them dostroy themselves

After an arduous campaign by human rights advocates and supporters, the
BoP capitulated, stating it would close its facility (when it did not, it was
sued). The judge ruled that the plaintiffs were illegally designated based on
their past political affiliations, statements and political beliefs. * The unit was
closed and the women were transferred to other prisons.

The correlations between the HSU and CMU are many and seem to have
some of the same goals as well as methods used to designate us here. Knowing
they are dealing with people committed to ideals and the movements they are
a part of, we were placed here in order to weaken those connections and harm
our relationships. An example s the horrendous strain that the CMU puts on
our familial relations — especially our marriages. It was certainly considered
by the architeets of the CMU that preventing visits that allow human touch for
long-term prisoners would have a disastrous impact on our relationships and
would lead to weaker inmates.

Finally, the CMU can be viewed as “the stick” - a punitive unit for thoso
who don'tplay ball or who continue to express political beliefs anathema to
the BoP or the US government. Although | am not aware o the BoP's riteria
for sonding poople here (du to their refusal to relense specific CMU informa.

ion), it i curious who is and who i not here. Out of raughly 18 codefendants
in my criminal case, I am the only one at a CMU (the remainder of them are at
low and medium security prisons). The same goes for o member of the SHACT
campaign, Andrew Stepanian, one of 6 defondants i his caso who was sent
hore for the ast 6 month of his sentence. Other men here have codefendants
at the Terre Haute CMU while others have codofendants at normal foderal
prisons. Dospite numerous Froedom of Information Requests,” the BoP re

fuses to grant the documents that specify the rules governing transfer to the
CMU. Remember, hardly any of the men here have roceived any disciplinary
Violations and some have been in general population over 15 years! How can
someon b OK in gencral population for that long and then ono day bo scen as
2 communication threat?

S0, Thave hypothesized about the goals of the CMU. Let me discuss the many
problems and injustices associated with the existence of the CMUs.

DUE PROCESS

More appropriately, a lack thereof. A term I never thought much about before.
my imprisonment, due process is:

the conduct of logal procecdings according to established rules and prin.
ciples for the protection and enforcement of private rights, including notice
and the right to hearing before a tribunal [my emphasis] with the power to
decide the case

1 was moved from FCI Sandstone, against my will and at a moment's notice,
with no hearing and thus no chance to contest the reason for my transfer. A
FOLA request recently received states I was redesignated May 6th, my trans.
fer was signed the next day and I was moved on May 13th with the reason
given as “program participation” > Since I got here, [ have not had a hearing to
contest the claims made in the “Notice to Inmate of Transfer to CMU, " some
of which were woefully inaceurate. Instead, T was told I can utilize the admin-
istrative remedy process (which I have done to no avail) and request a transfor
after 18 months of “clean conduct”*

The irony is that all prisoners who violate prison rules are subject to a series.
of disciplinary hearings in which they could offer their defense. For logal units
such as Florence ADX (Supermas) or the control unit program, there exists a
codified set of rules and hearings for transfer to these locations . The BoP has
deliberately ignored this process and has instead transferred us to this special,
brand-new CMU without due process. My notice of transfer was given to me
12 days after L arrived!

Similar to the callous disregard for due process (and the US Constitution),
there is o “step down” process for the CMU. Unlike the ones that exist at
Florence ADX, control units or even the gang units, the CMU has no stages,
1o requisite amount of time we are to spend here before being sent back to a
normal prison.

Because these preceding programs are specifically for prison mishehavior,
there is a logical and orderly way to finish the program and eventually trans.
fer. For us, the BoP has set up a paradox — if we are here for our offense con-
duct, which we cannot ever change, how can we reazonably leave the unit? In
its *Admissions and Orientation” guide for Marion's CMU, here is what they
say:

Every new commitment to the CMU will be evaluated by his unit team re.
garding his suitability for incarcoration in this institution. If, for some rea
son, the inmate is deemed not aceoptable for confinement in this i, be will
be processed as expeditiously as possible.

[T am still roughly 10 months from my 18-month period in which I must wait
before requesting a transfer. Considering the fact that all my remedies have
been denied, 1 am not hopeful about this.]

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CMU AS SECRET

In addition to the due process and transfer issues, ther is the secretive and
illogal manner that the CMU was ereated (Note: for historical perspectives, it
needs to be stated that the CMU was established roughly halfway through the
second term of George W. Bush and his Attorney General Alberto Gonzales).

In April 2006, the BoP proposed a *Limited Communication for Terrorist In-
mates” policy, ™ which suggested new restrictions for “terrorists” and “terror-
ism related inmates” such as

1) One 6-page ltter per week
2) One 15-minute phone call a month.
3) One L-hour visit a month >

A coalition of civil rights organizations signed a letter of protest eriticizing
the proposed rules and raising numerous constitutional, practical and ethical
objectives.* The outery appears to have caused the BoP to reconsider it and
quietly open the CMU at FCI Terre Haute just 6 months later.” Since the BoP
never sought public comment on the new CMU, it certainly appears to be a
violation of the Administrative Procedural Act (APA), an argument a foderal
judge in Miami raised in response to a prisoner’s legal challenge to transfer to
the CMU.*

The unit is functionally an open secret. While the BoP circumvented the
standard public comment (and feedback) process, it has sought to get around
this by deseribing the CMU as a “self-contained general population unit*
implying that the unit is legally and penally no different than a normal unit
at an FCL There is no mention of the CMU on the BoP's website (www.bop.
gov) or USP Marion's subpage on the same site.* You will not find extensive
Congressional hearings on the subject — other than a July 2008 subcommittee.
hearing in which it appears that the BoP direetor was not fully fortheoming on
the CMU. Letters here are stamped “USP Marion,” not CMU, and the unit
is called I Unit” by staff. (An interesting ancedote: while on transit in Winter
2009, I met men from the FCI here and asked them what they knew about 1
Unit, Without hesitation, they said, “That's where the terrorists are.’ They
informed me this is what BoP Staff routinely told them).

Media queries are met with silence or vague information. Requests by the
media to interview me by coming to Marion have been denied — due to it “being
detrimental to the safety, sceurity and good order of the institution.™ There
still s no Program Statement on the CMU - a legal requirement, outlining the
specific rules of the CMU and its designation criteri.

Because of this, and the general refusal of the BoP to hand over relevant doc.
uments through FOLA, it is impossible to determine the specific reasons why
one is sent here — and thus, how to contest this process.® In effect, the CMU
was created on the fly, with no eye toward logality; they are free to operate it
in whatever manner they choose.

COMMUNICATION MANAGEMENT

The promotion of isolation and alienation

The most painful aspect of this unit, to me, is how the CMU restricts my
contact with the world beyond these walls. It is difficult for those who have
not known prison to understand what a lifeline contact with our family and
friends is to us. It is our link to the world - and our future (for those of us who
are fortunate enough to have release dates). Prison authorities and architects.
are well aware that those with strong family ties and in good communication
with their loved ones are well behaved and have significantly lower rates of -
cidivism. The BoP, in theory, recognizes this by claiming they try to situate us
within 500 miles of our homes. Mostly, this is a crucl farce for many prisoners.
~Thave not been within 1000 miles of my family in 2 years.

The most Orwellian aspects of the CMU are in how they manage our com.
munications:

) Telephones: At my previous prison, T was able to use the phones for 300 min-
utes a month — days, nights, weekends and holidays — basically at any point 1
was not in my housing unit (6am-10pm). Here, we receive one 13-minute phone
call a week. The call can only take place between Sam and 2:30pm, never on
weekends or holidays and must be scheduled one and a half weeks in advance
(we can choose a back-up number to call but if neither picks up, we don't get a
call)* The call is live-monitored and recorded. Not only do we receive one fifth
of the minutes granted to other federal prisoners but the call is also very trying
for our families — all of whom have day jobs and many of whom have children
in school. The CMU requires calls be made in English only - a difficult demand
considering over half of the men here speak English as a second language (this
restriction is not present at other federal prisons)

B) Visits: At FCI Sandstone, I received up to cight visiting days a month (56
hours) — contact visits in which I could embrace my wife, play cards with my
nicces and share vending machine food with my visitors. These visits were my
lifeline. T got about twelve of them in cight months and it aided in my adjust.
ment to prison.

The CMU restriets our visits to one four-hour non-contact visit a month. One
short visit through two inches of plate glass with cameras hanging overhead
and my visitors stuffed in a four-and-a-half by three-and-a-half-foot stuffy
booth — a tight squeeze for two.® The visits can only take place on weekdays
from Sam-2pm — no more Christmas or thanksgiving visits - and worse, no
physical contact. (Consider what it would be like to have no contact with your
Toved ones. What if you couldn't hug or kiss your lover, partner, wife, husband?
‘What would that do to you?) I find myself riddled with guilt when I ask friends
to spend $500 to fly across the country, drive three hours (and repeat) for a
four-hour non-contact visit. I'm lucky though, having people who will do this.
Many of the men here can't afford it or don't want to subject their children to
this reality.

©) Mail: We can only send out mail once a day and we cannot visit the mail
room to send out packages. We are one-hundred-percent reliant on the one
s
staff person who deals with our mail to do so and sending a box home is a labo-
rious procedure. We must leave our envelopes unsealed so that staff can read,
copy, sean and send to whatever other ageney studies our correspondence. A
letter to NYC takes roughly seven to nine days (which should take five). Let-
tors sent abroad, especially those not written in English, could take a month or
more — a common complaint of some of my fellow prisoners.

Staff here has an interesting reading of the rules governing legal mail leading
to the charge that they open our legal mail (this s the subject of an administra.

tive remedy I filed with the BoP Central Office in Washington DC). The rule
states that the lawyer's name must be clearly identified and that the envelope
must say “Special Mail- Open only in the presence of inmates™ and yet staff
has opened my legal mail that said “Law Offices of Jane Doe” stating that it
should have said, “Jane Do, Attorney at Law’! The staff looks for any reason
to disqualify our legal mail as protected and gather intelligence this way. In
doing so, they violate the sanctity of the attorney-client confidentiality prin-

ciple!

Most of my violations have been petty a package has more than twenty picces
of paper or a friend kindly enclosed stamps. A few instances though amount to
censorship and a limiting of political expression and dialogue. See Appendix B
for a detailed discussion of these instances.

D) Media Contact: Although requests have been made to interview people in
the CMU, none have been granted to date. This is a violation of the spirit of
the BoP’s own media policy. There is an imperative on the Bureau's part to
control and ultimately suppress information on the CMU from making it o a
mass audience.

DAILY LIFE AT THE CMU

Neither one of the two CMUs were built for long-term habitation. The Marion
CMU was the site of the Secure Housing Unit (SHU), the USP that closed here
in 2005. Terre Haute's CMU is in “D-wing’ — the site of the former foderal
death row.

The CMU was seemingly converted to its current use with the addition of
televisions, stecl tables, and new wiring, and yet it is not suitable for long-term
use due to its “open coll” design (ie. with bars). With twenty-five prisoners,
our movements are restricted to two housing ranges (hallways about one hun:

dred by twelve feet); a recreation range where we also cat (consisting of seven
cells with a computer, typewriter, barber shop, religious library, social library,
art room and recreational equipment); and a small rec yard (all concrete, a
1ap equals one-cighteenth of a mile, four cages with two basketball hoops, one
‘handball court, a weather awning with tables and some sit-up benches). We
are lucky to be visited daily by a resident bird population of doves and black.

birds, and overhead, the occasional hawk or falcon. (Ironically, as write this,
T overhear warnings from staff that if we continue to feed the birds, we will
receive violations.) The appearance of the yard with its cages, concrete, and
excessive barbed wire has carned it the nickname “Little Guantaname” (of

9

course, a punitive unit with seventy-five percent Muslims also contributes to
the name as well).

The conditions here are not dire ~ i fact, the horror stories T have heard over
the last two years have convineed me it is far worse at many prisons and yet,
Thelieve it is important to be deseriptive and accurate — to dispel fears (about
violence, for instance) but also to demonstrate just how different lfe is for us
at the CMU.

There are many things we lack here that other prisons in the federal system
have to offer:

1. A residential drug/aleohol program: Despite at least one person here having

completion of it ordered by the cout.

2. Enough jobs for the prisoners here: There are not nearly enough jobs for all
the men here and most are extremely low paying.

3. UNICOR: This is Federal Prison Industries which has shops at many federal
prisons (including this one outside the CMU). These jobs pay much more, al
low men to pay their court fees, restitution and child support and, as the BoP
brags, teaches people job skills.

4. Adequate educational apportunities: Until recently, we did not have GED.
or vocational programs. Due to inmate pressure and parsistence, we now have
both of those as well as a few prisoner-taught classes but no college courses at
all

5. Access to staff on a daily hasis: At other federal prisons, you are able to ap
proach stafl members at lunch every day, including the Warden. Here, we get
(at most) two quick walk.throughs a week, usually taking place carly in the
morning, You are often loft waiting days to resolve a simple question.

6. Law library access: We have a very small law library here with only twenty-
five percent of the books required by law. We can only request books twice
wekly and those are only delivered if the other nine hundred prisoners at the
adjacent Medium are not using them. We lack Federal Court and Supreme
Court reports as well as books on Immigration Law (fty percent or more of
the men here face deportation). This lack of access makes for an arduous and
ineffective research path.

7. Computers: We have four computers for our email system (two for reading,
one for printing and one that we were told would be for legal but it still isn't
working) Unlike my previous prison, where we had forty computers with a
robust computer-class program, or like other prisons that teach a vocational
computer course, we have no such thing.

8. Access to general population: Being in an isolation unit makes for a situation
in which we cannot have organized sports leagues and tournaments due to not
having enough people at all. This may not seem crucial but sports are a very
‘useful diversion from the stress of prison life and separation.

After reading the preceding sections, perhaps, like me, you are wondering
what really is the purpose of the CMU. In short, the CMU is Florence ADX-
LITE for those men whose security points are low and present no real problems.
tostaff. From my interactions with the men here, I can say with certainty, that

10
people here are remarkably well-behaved and calm many without any disci-
plinary violations. If these men, like myself. don't getin trouble, and have been
in the system for some time, why are we here? Consider my case.

My short time in prison prior to coming to the CMU consisted of two months.
at MDC Brooklyn and eight months at FCI Sandstone. T had never gotten in
trouble and spent my days as a clerk in psychology, working toward a Master's
degree, reading, writing and exercising. My goal was to get closer to home and
my loved ones. Tn April 2008, 1 filed a “hardship transfer” request due to my
mother's llness and her inability to travel to Minnesota to visit me. I had my
team meeting, and my sceurity points were lowered. Weeks later, T was moved
to the CMU.

The irony is that I was moved to the CMU to have my communication man.
aged, but what changed in that one year to justify this move? If T was a danger,
then why did the BoP house me in a low-sceurity prison? The same applies
to many of the men here — some have been in general population for twenty
years and then suddenly a need to manage their communication is conjured
‘up. During my pre-CMU time, I had used 3300 phone minutes and sent hun-
dreds of letters. If there was a problem with my communication, shouldn't the
BoP have raised this with me? My notice stating their rationale for placing me
here attributed it to me “being a member and leader in the ELF and ALF” and
“communicating in code " But if this is true, then shouldn't | have been sent
to the CMU as so0n as T self-reported to prison in July 20077

‘The CMUs were erafted and opened under the Bush administration as some.
misguided attempt to be tough on the “war on terror”. This unit contains many.
prisoners from cases prosecuted during the hyper-paranoid and over.the-top
period after 9/11 and the passage of the USA Patriot Act.t The number of pros-

ceutions categorized as terrorism-related more than doubled to reach 1,200
in 2002.% It seemed that every other week, there was some plot uncovered by
overzealous FBI agents — in Lackawanna, NY, Miami, FL, Portland, OR, and
Virginia and elsewhere (never mind the illegal wiretaps and unserupulous peo-

ple used in these cases). These cases may not be headlines anymore but these
men did not go away — they were sent to prison and, when it was politically
advantageous for Bush, transferred to the CMUs. The non-Muslim populations.
of these units (although definitely picked judiciously) were sent there to dispel
charges that the CMUs were exclusively Muslim units.

The codified rationale for all prisoners being transforred here are “contact
with persons in community require heightened control and reviews™ and
“our transfer to this facility for greater communication management is neces-
sary to the safe, seeure, and orderly function of Bureau institutions...” Should
an inerease in monitoring of communication mean a decrease in priviloges? If
the goal is to manage our contact with the outside world, shouldn't the BoP
hire enough staff so that we can maintain the same rights and privileges as
other prisoners (since the party line is that we are not here for punishment)?
The reality is the conditions, segregation, lack of due process and such are
punishment regardloss of whether the BoP admits it or not.

n
FORWARD!

‘Where to from here, then? Does the new President or his Attorney General
take issue with segrogation? Will Obama view the CMU, as he did with Guan-
tanamo Bay, as a horrible legacy of his predecessor and close it? Many people
are hopeful for an outcome like that. On April 7th, 2009, Mr. Obama, while
in Turkey, said, “The United States will not make war on Islam,” and that he
wanted to *extond the hand of friendship to the Muslim world.”* While that
sounds wonderful, what does that look like in concrete terms? Will he actual-
ize that opinion by closing the CMU? Or will he marry the policy of Bush and
condone a secret illegal set of political units for Muslims and activists? What
of the men here? Will he transfer us back to normal prisans and review the
outrageous prosecutions of many of the CMU detainees? If it can be done with
(former) Senator Ted Steven'’s case, it can be done here.

‘While lawsuits have been filed in both Tllinois and Indiana federal courts,
what is needed urgently is for these units to be dragged out into the open. T
am asking for your help and advocacy in dealing with this injustice and the
mindset that allows a CMU to exist. Please peruse the resource section at the
end of this article and consider doing something. I apologize for the length of
this piece — it was suggested to me (by people way smarter than myself) that it
‘would be best to start from the beginning and offer as many details as possible.
Thope I gave you a clearer idea of what's going on here. Thank you for all your
support and love — your letters are a bright candle in a sea of darkness.

In struggle, with love,
Daniel

Danicl McGowan #63794-053
'USP Marion-CMU
Post Office Box 1000

1
Marion, Ilinois 62059

Tread two passages below while writing this article. They fit well here:

“After climbing a great hill, one only finds more hills to climb. T have
taken a moment here to rest...But I can rest only for a moment, for with
freedom comes responsibilitics, and I dare not linger, for my lang walk s
not yet ended.” - Nelson Mandela

First they came for the Jews
and I did not speak out

because I was not a Jew.

Then they came for the Communists.
and I did not speak out

because I was not a Communist.

Then they came for the trade unionists.
and I did not speak out

because I was not a trade unianist,
Then they came for me.

and there was no one left

to speak out for me.

~Pastor Martin Niemoller

ACKNOWLEDGEMENTS

1 xead once, perhaps in 9th grade English, that “no man [sic] is an islnd.”
If anything, T have learned that over the last four years! Eternal gratitude
and love to my wife, partner and best friend Jenny, for everything. My fam.
ily, friends and community have been there for me unfuilingly — especially
the NYC crew. Special thanks to Josh Raisler Cohn, Matt Strugar, Lauren
Reagan, and Rachel Meeropol for their endless legal advocacy, analysis of the
CMU and friendship. OF course, thank you to all the CMU prisoners for feed-
back and the laughs,

1
APPENDIXES

A: Marion CMU Demographic

Number of prisoners
Organized by racelnational origin
Middle Eastern-10
African-American-§

White-5

Latino-2

Native American-1

Asian American-0

B: Mail Violation Examples

In Octaber 2008, T received a mail violation for the Jericho Movement’s Free-

dom Times - a newspaper by and about the political prisoner support organiza.

tion. At various levels, I was informed it was rejected cither due to its ‘divisive’
nature or because it contained articles about other inmates. The BoP's faulty
logic was that reading these articles would contribute to the *detriment of se-

curity, safety & good order of the institution.” (original mail violation, October
2008)

The divisiveness argument is an interesting one given that I receive (and
the unit receives) what may easily be defined as ‘divisive articles in the op-
ededitorial pages of the NY Times, USA Today and Chicago Tribune. There
are point-counter-point lambasting of Congress and the President and extreme
conservative/religious perspectives represented in these screeds, e.g. against
abortion, casting queer people as sinners, ete. But for some reason, the BoP
allows these publications in and deems them relevant to a safe and acceptable
dialogue.

My assumption about the articles in the Freedom Times (1 still haven' seen
it) is that Jericho i critieal of the BoP and the prison industrial complex that
exists in this country (Currently housing 2.3 million people in prisonsfails
and 5 million on probation/parole, leading to the sick statistic that 1 in 81 US.
adults are under eriminal supervision. See the Pew Center’s website & reports.
for more info.) Also, the Jericho Movement argues forcefully yet legally that
there are political prisoners in US prisons and demands their amnesty (I was
granted PP status by Jericho in 2007). In denying me this newspaper, they are
actually cutting me off from a base of support. In the past 8 months, [ have
received other articles and newspapers that contain articles by/about other
prisoners but they take place in the context of safefacceptable mainstream
publications, not newspapers that eriticize the BoP, prisons and that argue for
the release of political prisoncrs.

Another example. On 4/15/09, I received a mail violation for the publication
Rolling Thunder by the Crimethine Ex-Worker's Collective. It was denied based
on “violence” depicted on roughly 11 pages. It's ironic that I can receive any
number of corporate newspapers detailing the riots at the April 2000 NATO
protests in Strasborg, France, the G20 protest in London and police overreac-

u
tions and violence at last summer’s DNC and RNC mobilizations. The reason
is the mainstream publications are “objective,” while Crimethine's publication
“encourages or promotes viclence.” Crimethine s being held to an extreme lov-
el of scrutiny based on their obvious radical beliefs and unflinching support of
myself and other ecological and animal rights prisoners

The overall effect of these mail violations is a furthering of the alienation
processes that the CMU engenders. On some level, 1 am quite clueless about
what is happening in our movement(s) and on the streets, and have to rely way
t00 much on mainstream and shallow sources of news (a point made by Rob
Thaxton, ironically, in a past copy of Rolling Thunder).

RESOURCES
YOU can educate yourself on the CMU!

Asticles / Media

1. “Little Guantanamo — Secret ‘CMU' prisons designed to restrict communi-
cation of jailed Muslims and activists with outside world.” Democracy Now,
47100,

2. “Secretive US Prison Units to house Muslim, Animal Rights & Environmen.
tal Activists” by Will Potter. greenisthenewred com, 4/14/09.

3. “Daniel MeGowan — Another victim in ‘War on Terror™ by Stephen Lend-
man. sjlendman blogspot.com, April 2009,

4. “Guantanamo at Home terrorist suspeets are held in US prisons on dubi.
ous evidence under inhumane conditions” by Jeanne Theoharis. The Nation,
4120009,

5. “The View from Here” column by Carl Strock. Schencetady Daily Gazette.
www.dailygazette.com

6. “Terrorist Prison — Eco-activist sent to sccretive new prison” by Camilla
Mortenson, Eugene Weekly, 12/04/08

7. “Dr. Rafil A Dhafir at Terre Haute prison’s new communication manage-
ment unit” by Katherine Hughes. Washington Report on Middle Eastern Af-
fairs, 6/18/07

8. “Facility holding terrorism inmates limits communication” by Dan Eggen,
‘Washington Post, 2/25/07.

9. “Documents show secretive US prison program isolating Muslim, Mid-

dle Eastern prisoners” by Jennifer Van Bergen. the raw story (online blog),
21607

5
‘Weblinks - Prisoners at the CMU
www.supportdanicl org, www.supportdanicl orglemu (specific CMU info)
www yassinaref com

www.aliasad.org

wwwfreckhalidawan.com

‘hamidhayat blogspot.com

www dhafirtrial net (has CMU info)

Supportive Organizations
AACLU National Prisoner Project - www.aclu.org/prisons
Civil Liberties Defense Center - www.cldc.org

Center for Constitutional Rights — ww.cerjustice.org
National Lawyers Guild - www.nlg.org

Nuclear Resister - www.nuclearresister.org

DEMAND CHANGE!

*You can contact your elected officials and demand they shut the CMU down*

President Barack Obama
The White House

1600 Pennsylvania Avenue
‘Washington, DC 20300

Attorney General Eric Holder
US Department of Justice

950 Pennsylvania Avenue NW
‘Washington, DC 20330

Also, www senate.gov and www.house.gov (type in your address to get your
rop's contact)

1
ASK OTHER ORGANIZATIONS FOR THEIR SUPPORT!

‘You can contact human rights groups and urge them to address the CMU and
join legal efforts to close it. Please b polite.

1. Human Rights Watch - www.hrw.org

2. Amnesty International - www.amnestyusa.org

3. Stop MAX coalition - www.afsc.org/stopmax

The following organizations signed a letter opposing the “limited communi.
cation for terrorist inmates” policy the BoP tried to pass a fow years back.
Contact them and let them know that plan was indeed put forth in the form
of the CMU and urge them to address it

1. Center for National Security Studies - www.enss.org,

2. Comité Pro Derechos Humanos de Puerto Rico - presospoliticospuertorrique-
nos.org.

3. DC Prisoners’ Legal Services Project -www.washlaw.orglprojects/deprison.
ers_rights/default htm

4. FLA Institutional Legal Services - (352) 3752494

5. Interfaith Prisoners of Conscience Project - (847) 328 1543
6. Legal Aid Society - www.legal-aid.org

7. Office of Public Defender- Maryland - www.opd.state md us
8. The Multiracial Activist - www.multiracial.com

9. National Boricua HR Network - boricunhumanrights.org
10. NW Constitutional Rights - (508) 2956400

11. Penal Reform International - www.penalreform.org

12 People’s Law Office - www.peopleslawoffice.com

15, Prison Legal News - www.prisonlegalnews.org

14. Sylvia Rivera Law Project - www.stlp.org

15. Prisoners’ Legal Services of New York - www.plsny.org
16. Uptown People’s Law Center - (773) 769-1411

Mainstream Media
‘You can contact the media and request they investigate and expose the CMUs.
Letters to the Editors and op-eds are good ways of doing this. Some outlets:
The New York Times - www.nytimes.com

LA Times - wiwwJatimes.com

‘The Washington Post - www.washingtonpost.com

Seattle Times - scattletimes.nwsource.com

San Francisco Chronicle - www.sfgate.com

The Oregonian - www.oregonlive comforegonian

Indianapolis Star - www.indystar.com

The New Yorker - www.newyorker.com

1
Newsweek - www.newsweek.com
CNN - www.cnn.com

BEC - www.bbe.co.uk.

MSNEC - wiww.msnbe.msn.com

Chicago Tribune - www.chicagotribune.com
USA Today - www.usatoday.com

Houston Chronicle - www.chron.com

Boston Globe - www.boston.com/bostonglobe/
Village Voice - www.villagevoice.com
Hartford Courant - www.courant.com

Independent/Alternative Media
Pacifica Radio - www.pacifica.org

National Public Radio - www.npr.org
Counterpunch - www.counterpunch.org
Prison Logal News - www.prisonlegalnews.org
Mother Jones - www.motherjones.com

Utne Reader - www.utne.com

Z Magazine - www.zmag org/amag

Upping the Anti - uppingtheanti.org

The Indypendent - www.indypendent.org.
Your local pirate radio station

1%
ENDNOTES

1 As an introduction, for those unfamiliar with my case. T am serving an 84
month sentence in federal prison for arson & conspiracy for my role in 2 arsons.
claimed by the Earth Liberation Front (ELF) in 20011 left the group in 2001,
was indicted 12/7/05, pleaded to a non-cooperative plea agreement in 2006 &
reported to prison in 7/07. T received a ‘federal crime of terrorism’ enhance-
ment, 3 years of probation and 1.9 million USD in restitution. I am set for
release an 6/2013.

2 0n the way to the CMU, I received a grand jury subpoena from Wisconsin. 1
refused to answer questions at the grand jury, was held in civil contempt for 8
days and, before my appeal made it to court, was released due to an indictment
having been issued. That case has since been resolved with 3 plea agreements.
More info can be found at http:www.cldc.org

3 Memorandum in Opposition to the Application of Terrorism Enhancement.
US vs. McGowan, CR 06-60124-AA. Filed May 4, 2007

4 “Facility holding terrorism inmates limits communication” Dan Eggen,
‘Washington Post, 2/25/07.

5 We are ‘prisoners. “Inmate'is the authorities’ word for us.
6 Eggen article.

7 Much of the carly information on the CMUs was due to the writings of Dr.
Rafl Dhafir and the two articles cited in the Resources’ sction by Eggen/Van
Bergen

8 Testimony of Harley G. Lappin before House Appropriations Subcommit-
tee on Commerce Justice, Seience and Related Agencies. 110th Congress. July
2008,

9 Based on abservations of men who were at FCI Terre Haute.
10 Institutional Supplement # MAR-5321.07A, November 13, 2008, CMU.
11 Unpublished paper written by Josh Raisler Cohn. 2008

12 Lappin testimony before Congressional Subcommitice.

18 These movements include environmental, animal rights, tax resistors, white
separatists, Muslim charities ote.

14 In my case, T ask ‘deter from what? At the time of my arrest, I was in
acupuneture school, long divorced from ELF and focused on prisonet support,
environmental justice and combating domestic violence.

15 Unpublished paper by Josh Raisler Cohn, pps.

16 Dr. Richard Korn, ‘Report on the Effects of Confinement in the Lexington
High Security Unit.” August 25, 1987, pp19-20.

17 Unpublished paper by Josh Raisler Cobn.
18 ibid.

19 See http:/www.shacT.com for background on that case
1
20 December 18, 2008 & March 10, 2009 lotters from attorneys Matthew Stru.
gar and Lauren Regan to FOLA/Privacy Act Section of BoP Office of General
Counsel.

21 Blacks’ Law Dictiona
p228.
22 BoP Transfer Order for D McGowan, April 2008,

23 Notice to Inmate of Transfer to Communication Management Unit’ dated
913108 signed by Lisa J. W. Hollingsworth and J.S. Wilson.

24 The ‘18 months of clear conduet”is standard at all federal prisons yet no one.
here expects to receive a transfer on that date for reasons I will explore.

25 Code of Federal Regulation, 2 CFR 541 and Subpart D-Control Units
26 ibid.

27 Admissions & Orientation Handbook, USP Marion CMU, Revised June
2008,

28 BoP Docket No. 1135-P RIN 1120-AB35, 71 Fed. Reg. 16320-16325 (April
3, 2006).

29 ibid.

. Third pocket edition. Bryan A. Garner (ed) 2006,

30 Coalition Letter to Bureau of Prisons re: Suppression of Prisoner Contacts,
June 2006,

31 Van Bergen article.
32 -Title 5 USCC 551,

33 Jayyousi v. Mukasey, Lappin. Case 08-21310-civ-Cooke. Southern District
of Florida-Miami.

34 Insticutional Supplement USP Marion CMU.

35 Although it is called "USP Marion’, the USP closed in 2005 and the prison
consists of a camp and a medium (the CMU being inside the medium)

36 Lappin testimony to Congressional Subeommittec.
37 Letter to Dean Kuipers, October 2008. Signed by Warden Hollingsworth

38 This occurred despite President Obama’s decision to release documents.
through FOLA at a higher pace than his predecessor.

39 Recxamine Prison Unit for Muslims® by Carl Strock, Daily Gazette.
3115109,

40 The two I refer to are nat out of the ‘average’in size cither-one 5 ft 11, the
other 5 1.6 and both slim.

4128 CFR 540.18 Special Mail
42 Program Statement #1480.05,9/21,2000, News Media Contacts.
43 from Notice to Inmate of Transfer to CMU’

44 personal observation

2
45 Josh Raisler Cohn unpublished article. Cited from “How many Terror-

ists are There. The Escalation in So-Called Terrorism Prosecution.” 16 Fed.
SentR.38, pp.7 WL23269270 October 1, 2003,

16 from Notice to Inmate of Transfer to CMU’

47 “US is not and will never be at war with Islam,” Obama says” by Richard
‘Wolf, USA Today, 4/7/09.

2
DANIEL McGOWAN
About the Author

Daniel MecGowan is an environmental and social justice activist from New
York City, now a political prisoner held in the Marion Communication Man
agement Unit (CMU). He is serving a seven-year sentence in federal prison
for his role in two arsons claimed by the Earth Liberation Front in Oregon,
2001 The judge applied a terrorist enhancement to his sentence, because of
the political nature of his case, despite the fact that nobody was harmed as
a result of his actions. A proud New Yorker, Daniel was raised in Rockaway
Beach, Queens, and has boasted of having lived in four out of the five boroughs.
of NYC. He has been active in everything from rainforest preservation to in-
digenous rights o political-prisoner support to military counter-recruitment.
At the time of his arrest, December Tth 2005, Danicl was working at Women.
sLaw.org, an organization that assists survivors of domestie violence, and was.
also pursuing a degree in acupuncture. Daniel is due to be released from prison
on June 5th, 2013,

DANIEL'S NON-COOPERATING CO-DEFENDANTS:

Jonathan Paul #07167-085 Nathan Block #36359-086
FCI Phocnix FCI Lompoc
57910 North 45th Avenue 3600 Guard Road

Phoenix, Arizona 85086 Lompoc, California 93436

Joyanna Zacher #36360-086
FCI Dublin

5701 8th Street - Camp Parks. Unit F
Dublin, California 94568
THE GREEN SCARE

“Green Seare” is a loose reference to the Red Seare, a term used to describe
two shameful periods of U.S. history — from 1917 to 1920, and from 1947 to
1957 - when xenophobia and heightened paranoia over communist infiltration
were used by the state to vilify and imprison so-called radicals, communists,
and anyone else accused of being one of the "Reds.” Today, the term “Green
Scare” refers to ongoing legal and extralegal actions taken by the U.S. govern.

ment against the environmentalist and animal rights movements since 2002,
when Congress convened hearings on “The Threat of Eco-Terrorism.” Some-

what like the Red Scare of yesteryear, today's Green Seare uses new laws, new.
factions of the government, and propaganda-fucled scare tactics to repross dis-

sent. By harshly punishing a few individuals, the federal government secks to
ropress wider social movements to proteet our threatencd environment and all
the species of which it is comprised.

HOW YOU CAN HELP!

Write letters to defendants in prison. Prison is a lonely and isolating
place. A letter from you will brighten their day and let them know they have
solidarity and suppart on the outside.

Plan an event in your city. Show a documentary or movie and host a dis.
cussion about these cases. Reach out. Raising awareness about environmental
concerns remains an important task.

Donate and raise funds to help cover the stupefying legal costs incurred
by government erackdowns, and to help support eco-defense prisoners during
their long terms of incarceration. Plan a bake sale or music concert, organize
a run or walk, or hold a rummage sale, and send the proceeds to the support
groups.

Use your imagination. There is no shortage of things to be done. Be cre.
ative, stand up for your civil rights, do what you can for the Earth and fight the
menace of tyranny with courage!

TO LEARN MORE ABOUT THE GREEN SCARE:

GreenistheNewRed.com
MidwestGreenScare.org
EcoPrisoners.org
ELP News: ecoprisoners.org
Civil Liberties Defense Center: www.CLDC.org
Break the Chains: www.breakthechains.info
Daniel McGowan: wwi.supportdanicl.org
Jonathan Paul: www supportjonathan.org
Briana Waters: www.supportbriana.org
Jeff Luers: wuw frecjeffluers.org
Rod Coronado: www.supportrod.org
Eric McDavid: www.supporteric.org
Tre Arrow: www.Lrearrow.org
SHAC 7: wiww.shacT.com

above text from: hitp:/ fuww eberhardipress.org /pdf greenseare2e_big pdf
)
NYC-ABCF
PO Box 110034
Brooklyn, NY 11211