Daniel McGowan Forbidden From Publishing Articles Without Permission April 10th

After more than sev­en years, the stack of dehu­man­iz­ing and seem­ing­ly uncon­sti­tu­tion­al inter­ac­tions between Daniel McGowan and the Amer­i­can prison sys­tem is now piled so high it is tee­ter­ing over into a recur­sive mess of bleak and Kafkaesque absur­di­ty.

After more than sev­en years, the stack of dehu­man­iz­ing and seem­ing­ly uncon­sti­tu­tion­al inter­ac­tions between Daniel McGowan and the Amer­i­can prison sys­tem is now piled so high it is tee­ter­ing over into a recur­sive mess of bleak and Kafkaesque absur­di­ty.

Last Mon­day, McGowan pub­lished a piece on the Huff­in­g­ton Post that laid out much of his sit­u­a­tion to date. After years in prison for his role in envi­ron­men­tal­ly moti­vat­ed prop­er­ty destruc­tion that was pros­e­cut­ed as acts of ter­ror­ism, he wrote, he was fin­ish­ing up the remain­ing months of his sen­tence in a halfway house in Brook­lyn.

The var­i­ous per­ver­sions of the case that sent McGowan away are well doc­u­ment­ed in the doc­u­men­tary If a Tree Falls: A Sto­ry of the Earth Lib­er­a­tion Front. But, as McGowan wrote, less pub­li­cized is what hap­pened to him a year into his prison term: Despite a flaw­less dis­ci­pli­nary record, McGowan was trans­ferred to an exper­i­men­tal new Com­mu­ni­ca­tions Man­age­ment Unit, a super­max-like extreme-iso­la­tion facil­i­ty some have dubbed a “Lit­tle Guan­tanamo.”

Why was McGowan trans­ferred to a CMU? He nev­er got a good answer to that ques­tion, even after a Free­dom of Infor­ma­tion Act request, so, along with oth­er CMU inmates, he filed a law­suit chal­leng­ing the con­sti­tu­tion­al­i­ty of the CMUs and alleg­ing that they are effec­tive­ly polit­i­cal pris­ons designed to silence the voic­es of peo­ple whose mes­sage the gov­ern­ment doesn’t like. As it turned out, McGowan was right: Bureau of Pris­ons mem­os dis­cov­ered through the law­suit appear to link his trans­fer to the CMU to the fact that he con­tin­ued to write things the gov­ern­ment found polit­i­cal­ly objec­tion­able.

“While incar­cer­at­ed and through social cor­re­spon­dence and arti­cles writ­ten for rad­i­cal pub­li­ca­tions, inmate McGowan has attempt­ed to unite the rad­i­cal envi­ron­men­tal and ani­mal lib­er­a­tion move­ments,” one memo states, before dilat­ing on oth­er polit­i­cal state­ments McGowan made in inter­views and his own writ­ing.

McGowan wrote about all of this in his Huff­in­g­ton Post piece last Mon­day. Two days lat­er, the staff at the halfway house to which he had been assigned told him that his work per­mit had been revoked on order of the Bureau of Pris­ons. The next morn­ing, fed­er­al mar­shals arrived and brought him to the Met­ro­pol­i­tan Deten­tion Cen­ter. Once there, he was pre­sent­ed with a doc­u­ment explain­ing that he had vio­lat­ed the terms of his release to the halfway house. Specif­i­cal­ly, the inci­dent report stat­ed that McGowan had vio­lat­ed a prison reg­u­la­tion that stat­ed “an inmate cur­rent­ly con­fined in an insti­tu­tion may not … act as a reporter or pub­lish under a byline.”

That’s right: McGowan was sent back to jail for writ­ing about how he’d been impris­oned in a CMU for writ­ing things.

There’s more: The reg­u­la­tion that the Bureau of Pris­ons cit­ed to jus­ti­fy return­ing him to jail had actu­al­ly been declared uncon­sti­tu­tion­al by a fed­er­al court in 2007, and the Bureau of Pris­ons had final­ly tak­en it off the books in 2010. McGowan’s lawyers men­tioned this to the bureau and to the lawyers rep­re­sent­ing the gov­ern­ment in his law­suit, and he was re-released to the halfway house on Fri­day.

But that’s not the end of it. Back at the halfway house, staff pre­sent­ed McGowan with a doc­u­ment and direct­ed him to sign it. The doc­u­ment stat­ed that “he is not per­mit­ted to have any con­tact with the media with­out approval from the BOP’s Res­i­den­tial Reen­try Man­ag­er. Accord­ing­ly, Res­i­dent McGowan was advised that writ­ing arti­cles, appear­ing in any type of tele­vi­sion or media out­lets, news reports and or doc­u­men­taries with­out pri­or BOP approval is strict­ly pro­hib­it­ed.”

It’s worth not­ing that McGowan hadn’t been asked to sign this doc­u­ment when he first arrived at the halfway house, nor, as far as his lawyers can tell, has any­one there been asked to sign it. In fact, there’s noth­ing in the Bureau of Prison’s pub­lished media pol­i­cy that requires pre-approval before pub­lish­ing any­thing.

“There is no nation­al pro­hi­bi­tion on pub­lish­ing,” Chris Burke, a spokesman for the Bureau of Pris­ons, con­firmed this after­noon.

“I thought I had lost my abil­i­ty to be sur­prised by what the Bureau of Pris­ons does years ago,” said Rachel Meeropol, a lawyer with the Cen­ter for Con­sti­tu­tion­al Rights who’s rep­re­sent­ing McGowan. “But restrict­ing an individual’s free­dom of speech in this man­ner is tru­ly sur­pris­ing. It’s beyond iron­ic that Daniel was retal­i­at­ed against and returned to prison for pub­lish­ing a blog about being retal­i­at­ed against for speak­ing out in prison.”

Here’s the inci­dent report explain­ing McGowan’s return to prison:

Daniel McGowan Inci­dent Report