Spring update
Dear
friends,
It
has been some time before we sent out a proper update about Daniel. The
last 3 months have been busy with helping Daniel adjust to life outside
of prison. We wanted to thank everyone for the supportive emails we
have received since December. Not only has Daniel seen and read all of
them but we are all appreciative of the support that people have
continued to show him since 2005.
How
is Daniel doing since release?
This
is the question we get the most and its a tough one for a few reasons.
We want to protect Daniel’s privacy and his desire to move forward but
he also wants people to know he is doing well. As you may know, Daniel
is working for a law firm in NYC and started two days after he got to
the halfway house. He is working full-time, seeing his wife Jenny,
family and friends on weekends and counting the days until he comes
home for good. He is not doing media interviews nor can he attend
public speaking events at the moment. We will continue to share emails
sent to friendsofdanielmcg@yahoo.com with Daniel.
Is
Daniel still in custody? What’s the deal with the halfway house?
Daniel
was released from prison on December 11, 2012 and is serving the last 6
months of his sentence at a halfway house in New York. Because he is in
BoP custody and still serving is sentence, his activity is limited to
work, home and medical appointments. He cannot get unannounced visitors
or calls at the halfway house. Unfortunately, Daniel was denied home
detention, which would have allowed him to come home month ago and
report to the halfway house weekly. There was little reason given other
than that it relates to Daniel’s charges. The Bureau of Prisons
continues to punish Daniel and ignore his complete lack of disciplinary
violations. Thankfully on June 5th his sentence ends and he starts a
three year term of supervised released (probation).
What
ever happened with Daniel’s lawsuit against the Bureau of Prisons?
We
have had a number of small victories in the Aref v Holder lawsuit
that Daniel is a plaintiff on. This is the lawsuit filed in April 2010
against the Department of Justice and BoP for designating Daniel (and
other prisoners) to a Communication
Management Unit (CMU). [The suit’s defendants are Attorney
General Eric Holder; Charles Samuels, Director of the BOP; D. Scott
Dodrill, Assistant Director of the Correctional Programs Division of
the BOP and Leslie Smith, head of the BOP’s Counter Terrorism Unit].
In
the last few months, we were granted the right to file an amended
complaint charging that the BoP retaliated against Daniel for his
Constitutionally-protected political activism and speech. It was
confirmed through the viewing of previously-secret documents in the
legal discovery process that Daniel’s political speech was the
rationale for sending Daniel to a CMU two separate times (a total of 47
months). You can read the amended complaint here.
A
few weeks ago, Daniel won an order denying a summary judgment
motion filed by defendants over a year ago that argued that he had only
complained to the facility that the transfer violated his
constitutional rights and did not specify that it was retaliatory. Our
lawyers countered that Daniel’s administrative complaint was more than
adequate. Nearly 16 months later the Court agreed, denying the
motion for summary judgment.
In
February, the defendants filed yet another motion to dismiss (read here)
which reiterates the same arguments they raised in the last motion to
dismiss. In this one, they released redacted memos written by Counter
Terrorist Unit staff regarding Daniel’s placement in the CMU.
Theses are very interesting and contrary to the written rationale given
to Daniel for CMU placement. You can read them below.
Motion to
Dismiss Exhibit 3: March 27, 2008, Memo of Leslie Smith, Chief,
CTU
Motion to
Dismiss Exhibit 5: March 22, 2010, Memo of Leslie Smith,
Chief, CTU
Motion to
Dismiss Exhibit 4: February 1, 2011 Memo of Leslie Smith, Chief,
CTU
Next
up, we will be filing a response to the defendants’ Motion to Dismiss
the week of March 18, 2013. Big thanks to our lawyers and the staff at
the Center for Constitutional
Rights for their efforts with this lawsuit. You can download the
latest two-page CMU flyer here.
by Jenny on March 16th, 2013
http://supportdaniel.org/blog/?p=48
http://supportdaniel.org/blog/?p=48
--
SIGN THE JERICHO COINTELPRO PETITION!
Free All Political Prisoners!
www.jerichony.org
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