theintercept--2020-05-31--A Public Defender Fights to Save His Two Incarcerated Brothers From Covid-19

so bad here , ” Lance Wilson wrote to his brother Jacque .
“ People are getting taken out of here on the daily because they are sick with the Covid-19 virus .
They are setting us up for a death sentence.
” Lance is serving an eight-year prison sentence for his limited , addiction-fueled role in a prescription-drug theft ring , which he is serving at the federal facility in San Pedro , California , known as Terminal Island .
The low-security prison sits on the water ’ s edge and is among the hardest hit by the coronavirus @ @ @ @ @ @ @ Prisons , roughly 70 percent of the inmates housed there have tested positive for the virus and at least nine have died .
“ Please help if you can , ” Lance wrote .
“ I know there is so many more people that have it , but they are not testing us , they are keeping us locked up inside.
” As the coronavirus pandemic has spread through U.S. prisons , Lance ’ s letters to Jacque , a public defender in San Francisco , have grown increasingly desperate .
In his @ @ @ @ @ @ @ Lance wrote to Jacque that there were 33 confirmed cases of Covid-19 and one death in the facility , and that inmates would no longer be allowed to use phones or computers until further notice .
Three days later , he wrote that a friend had been taken to the hospital , and Lance , who suffers from asthma and hypertension , was concerned because of the crowded and communal nature of prison : “ common bathroom , showers , water faucet and TV room , ” he wrote .
Please write back @ @ @ @ @ @ @ can , to make sure I ’ m still alive.
” Five days later , Lance reported that the warden had made an appearance , but didn ’ t have much to say — only that it would probably be another few weeks before they ’ d have access to the phones .
“ More and more cases of Covid-19 are popping up daily and it doesn ’ t seem like it is getting any better , ” he wrote .
“ I sleep only 2 feet away from my celly.
” As @ @ @ @ @ @ @ and again : The number of sick inmates kept growing , and he was increasingly worried about his own health .
Finally , on May 6 , Jacque received the news he was dreading : Lance had tested positive for Covid-19 .
He was experiencing migraines , body chills , and night sweats .
To date , he has not received medical care .
“ Things are out of control over here , ” he wrote .
With Jacque ’ s help , Lance is now the lead plaintiff in a class-action lawsuit @ @ @ @ @ @ @ the director of the BOP , and Felicia Ponce , the warden of Terminal Island , arguing that prison officials have failed to take decisive action during the unfolding health crisis by reducing the population of nonviolent medically vulnerable inmates , as the Department of Justice has encouraged them to do .
While federal law gives the BOP more than one way to release inmates like Lance , few of the thousands of potentially eligible inmates have been released .
And in some cases , federal prosecutors have been actively resisting such efforts @ @ @ @ @ @ @ .
“ The way that they ’ re treating these folks is inhumane , ” Jacque said .
Living behind bars amid the pandemic is “ like being in a firing line .
It ’ s just , when are they getting you ?
” If things had gone according to plan , Lance might not have been incarcerated by the time Covid-19 began spreading through the nation ’ s prisons and jails .
Although he ’ d been involved in a prescription-drug theft ring , the government concluded that Lance was just @ @ @ @ @ @ @ sentence .
The judge on the case said he ’ d go along with that if Lance successfully completed a live-in drug treatment program first .
Not long into the program , Lance was accused of having a contraband cellphone , which he denied .
He was kicked out anyway .
Although he successfully completed 20 days of a different drug rehab program , the judge doubled the recommended sentence to eight years .
In contrast , the three principal players in the scam have already completed their sentences .
Arguably , the @ @ @ @ @ @ @ , falls into the category of those who should be considered for swift release .
It is a low-security facility for low-risk inmates — a situation that actually exacerbates the spread of illness since the prisoners are mostly in large dormitory-style housing .
It is also a designated facility for inmates with chronic medical or mental health conditions .
Compounding the situation is the prison ’ s overcrowding .
Designed to hold a maximum of 779 inmates , there are more than 1,000 living there , according to the lawsuit filed May 16 @ @ @ @ @ @ @ Southern California , the Prison Law Office , and law firm Bird Marella .
“ The remarkable size and speed of the Terminal Island outbreak is due to the vulnerability caused by a unique combination of three separate aggravating factors : overcrowding , communal living spaces , and vulnerability of the inmate population , ” the suit reads .
“ Even under otherwise ideal conditions , this fact that the prison is already over capacity would render social distancing — a practice that inherently requires that facilities operate at far under their usual @ @ @ @ @ @ @ ” Still , Ponce , the warden whose responsibility it is to assess the population for release , has mostly failed to act .
As conditions in the prison worsened , inmate families staged a protest outside the facility and local U.S. Rep. Nanette Diaz Barragán asked Ponce for a meeting .
The warden didn ’ t respond for six days .
When Barragán was finally given a tour , on May 1 , she came away unimpressed : She could hear inmates in makeshift housing “ screaming ” for help , she @ @ @ @ @ @ @ learn that Ponce was only considering roughly 50 people for release to home confinement .
As Lance ’ s letters continued , Jacque decided that he had had enough ; he wanted his brother out of Terminal Island .
“ A person should not potentially get a death sentence when they ’ re only in there for a little bit of drugs.
” So he found a seasoned former federal public defender , Alyssa Bell , to file for Lance ’ s compassionate release , a process that has been somewhat liberalized since @ @ @ @ @ @ @ in 2018 .
Now , instead of having to wait for the BOP to signal that an incarcerated person should be considered for early release , the person can ask for it themselves .
Lance filed a request with Ponce in late April .
She still hasn ’ t responded .
On May 5 — just a day before Jacque learned that Lance was infected — Bell filed his application in federal district court .
Certainly , Lance would seem like a good candidate for judicial intervention .
“ He ’ s been @ @ @ @ @ @ @ be released , ” Jacque said .
While incarcerated , he has taken numerous classes , become a facilitator for an alternatives to violence program , and hasn ’ t once been in trouble .
On the outside , he has a home and a job to go to , and a young daughter and an elderly father to care for .
“ Mr .
Wilson ’ s release plan demonstrates that he can , and will , be a contributing member of his community if granted a reprieve to live his life @ @ @ @ @ @ @ that he must today confront , ” Bell wrote .
Press accounts and court filings reveal that the government has repeatedly opposed release for incarcerated people like Lance , sometimes on technical grounds — including that the inmate filed for relief prior to the closure of the 30-day window that wardens are given to respond to individual requests .
( In Lance ’ s case , the government initially made this argument , though the 30-day period has now elapsed without a word from the warden . )
Consider the case of James @ @ @ @ @ @ @ North Carolina who has diabetes and heart problems .
He ’ d asked his warden for release , and the warden said no .
Still , prosecutors told federal District Judge Lawrence J. Vilardo that even though the warden had already responded , the judge could not act until the 30-day window had closed , the Washington Post reported .
It ’ s “ not a perfect system , and frankly it wasn ’ t built for the circumstances we ’ re in , ” the prosecutor told Vilardo .
Other prosecutors have @ @ @ @ @ @ @ t be released because they took plea deals and in doing so , waived a number of rights , including the ability to seek relief under the First Step Act — even though the legislation , and the rights conferred by it , didn ’ t exist at the time those deals were made .
“ It is impossible to ‘ knowingly ’ waive a right that does not yet exist , ” Senior District Judge Charles Breyer wrote in an order releasing another California inmate .
In the best of times , @ @ @ @ @ @ @ a bewildering and byzantine affair .
And the BOP is notoriously opaque in its operations and lacks meaningful oversight within the DOJ — indeed , even as Barr insisted the agency should “ maximize ” releases amid the pandemic , the agency has moved the goalposts , changing eligibility requirements for release , seemingly on a whim .
Given the desperate situation inside prisons , it ’ s no wonder there has been an increased sense of chaos amid the outbreak .
Inmates have faced wide-ranging lockdowns and the BOP ’ s limited @ @ @ @ @ @ @ to combat the virus are not terribly illuminating .
For example , in reporting its Covid-19 numbers , the agency has categorized more than 3,000 incarcerated people — apparently including Lance — as “ recovered ” from the disease , but without describing exactly what that means .
When asked about it by The Intercept , a BOP spokesperson responded that “ recovered ” means “ no longer positive with Covid-19.
” When asked if that meant those inmates had been retested , the reply was simply “ for more information , you @ @ @ @ @ @ @ alongside a link .
Assurances that the agency is following well-defined protocols contradicts stories from inside the facilities where incarcerated people , including Lance , have reported not receiving medical care , that quarantine procedures have been loose at best — with people moved around inside facilities in a way that seems designed to spread infection — and that they have not been provided adequate cleaning supplies or personal protective equipment .
Lance told Jacque that he ’ d been told he ’ d get one mask per week .
That hasn ’ @ @ @ @ @ @ @ s reused the same mask for weeks .
“ They gave Lance a face mask — a paper mask , ” Jacque said .
“ That ’ s like giving me a life jacket after I drowned.
” Indeed , Jacque has been on the front lines agitating for change in the system for years , not only as a public defender , but also as a fierce advocate for a major change in California law that has helped to vindicate another one of his brothers who is again caught up in the @ @ @ @ @ @ @ decade , Neko Wilson was jailed in Fresno County , charged with a murder he didn ’ t commit .
There was no question about that .
He was not even present when Gary and Sandra DeBartolo were robbed and murdered in their home in July 2009 .
But prosecutors contended that he was part of the underlying plot to rob the couple and , as such , was responsible for their deaths under California ’ s felony murder rule — a theory of accomplice liability that can dramatically expand the state ’ @ @ @ @ @ @ @ they never contemplated and had no role in carrying out .
Jacque joined forces with advocates and lawmakers to change the law and bar prosecutors from charging someone with a murder they had no direct connection to — and in 2018 , they were successful .
Neko was the first to be released under the new law .
But then , a wrinkle .
In 2003 — six years before the DeBartolo murders — Neko and his wife were subject to a questionable traffic stop and search in Navajo County , Arizona , @ @ @ @ @ @ @ Phoenix that cuts across the Hopi and Fort Apache reservations , as well as a portion of the Navajo Nation , which has been particularly hard hit by Covid-19 .
During the search , officers found marijuana , and Neko was arrested .
He was given four years of probation , which was transferred to California .
His arrest in 2009 for murder constituted a probation violation , so Arizona officials were supposed to issue a nationwide arrest warrant .
This would not only signal to California that there was an outstanding criminal @ @ @ @ @ @ @ also offer an opportunity for that violation to be resolved concurrently with the outcome of the California case .
In other words , whatever jail time would be imposed based on the probation violation could be rolled into Neko ’ s time served in California .
The law required Arizona to issue that warrant , but it did not , Jacque said , a violation of Neko ’ s due process rights .
In fact , it wasn ’ t until after Neko was released in California that Arizona put out the nationwide @ @ @ @ @ @ @ with him to Arizona last spring to try to resolve the matter , but prosecutors balked , and a judge ultimately refused to set bail .
The state is asking for a nearly nine-year prison sentence on the 17-year-old pot case .
Neko has been locked up in Navajo County for nearly a year now as Jacque and a local lawyer fight for his release .
The case is currently pending before the Arizona Supreme Court .
This was all frustrating , at best , before the pandemic , but as the public @ @ @ @ @ @ @ s prisons and jails , both Jacque ’ s and Neko ’ s anxiety levels have spiked .
Neko , like Lance , has asthma and he has not had access to a rescue inhaler while he ’ s been jailed .
In response to inmate questions about personal protective equipment , a jail nurse told them that “ the only way any of you are getting out of here is in a body bag , ” Neko told The Intercept .
Across the U.S. , jails have generally done a better job @ @ @ @ @ @ @ outbreak than have prisons .
A typical jail has reduced its population by 30 percent , while prison systems have done so by just 5 percent , according to new analysis by the Prison Policy Initiative .
And according to PPI , Arizona ’ s prisons and jails fall far below those norms .
The state ’ s prison system has released just 2 percent of its population ; at least two jails have actually increased their incarcerated population .
Finding information on the situation inside the Navajo County jail is difficult .
@ @ @ @ @ @ @ Navajo County has the state ’ s highest rate of infection at 1,206 per 100,000 people .
County Sheriff David Clouse ’ s website contains no information about Covid-19 cases or efforts within the jail to contain the virus , though the White Mountain Independent on April 3 printed a statement from Clouse in which he assured residents that he and his staff “ are working around the clock to ensure that we ’ re doing everything possible to mitigate the spread and impact ” of the virus , “ especially ” in @ @ @ @ @ @ @ tested positive for the virus , he wrote , but “ he was positive prior to being arrested.
” Garcia ’ s depiction of life inside conflicts with Neko ’ s .
He says the staff have rarely worn protective equipment , and although cells were restricted to two people for a while , they ’ ve recently gone back to three people per cell , with one person sleeping on the floor .
There are not enough supplies to keep things clean , and he ’ s scared of getting sick .
@ @ @ @ @ @ @ attorney filed a petition in the local superior court , citing Neko ’ s underlying health risks and asking for his emergency release from custody .
The court has yet to respond .
Meanwhile , Jacque is exhausted .
And worried .
Not only about his brothers , but also about his father , Mack .
The 85-year-old is a Vietnam War veteran who suffers from post-traumatic stress disorder , which has intensified amid the pandemic — particularly after he learned that deaths from the virus had surpassed the number of casualties the @ @ @ @ @ @ @ April , Mack got to the mail before Jacque and opened a letter from Lance .
It was the first one he ’ d read .
He didn ’ t realize how bad things were at Terminal Island .
Reading the letter , he had a panic attack and fell to the floor .
Jacque had to help him up .
All Mack could say was “ I don ’ t want my son to die in there , ” Jacque recalled .
“ Why is this happening to me ?
” Since @ @ @ @ @ @ @ Lance ’ s correspondence comes directly to him .
Frustration and anger rise in Jacque ’ s voice as he contemplates the racism exposed by the pandemic .
The virus has hit communities of color the hardest and has again revealed hard truths about the criminal justice system .
“ This is what happens when we have a system of mass incarceration , ” he said .
“ If it ’ s not that you die on the streets as a young black man , from violence … you end up in prison @ @ @ @ @ @ @ .
All these things about race and inequality are just times 100 right now .
”

“Things are getting so bad here,” Lance Wilson wrote to his brother Jacque. “People are getting taken out of here on the daily because they are sick with the Covid-19 virus. They are setting us up for a death sentence.”
Lance is serving an eight-year prison sentence for his limited, addiction-fueled role in a prescription-drug theft ring, which he is serving at the federal facility in San Pedro, California, known as Terminal Island. The low-security prison sits on the water’s edge and is among the hardest hit by the coronavirus pandemic. According to the Bureau of Prisons, roughly 70 percent of the inmates housed there have tested positive for the virus and at least nine have died.
“Please help if you can,” Lance wrote. “I know there is so many more people that have it, but they are not testing us, they are keeping us locked up inside.”
As the coronavirus pandemic has spread through U.S. prisons, Lance’s letters to Jacque, a public defender in San Francisco, have grown increasingly desperate. In his first letter, dated April 18, Lance wrote to Jacque that there were 33 confirmed cases of Covid-19 and one death in the facility, and that inmates would no longer be allowed to use phones or computers until further notice. Three days later, he wrote that a friend had been taken to the hospital, and Lance, who suffers from asthma and hypertension, was concerned because of the crowded and communal nature of prison: “common bathroom, showers, water faucet and TV room,” he wrote. Please write back, he asked, “if you can, to make sure I’m still alive.”
Five days later, Lance reported that the warden had made an appearance, but didn’t have much to say — only that it would probably be another few weeks before they’d have access to the phones. “More and more cases of Covid-19 are popping up daily and it doesn’t seem like it is getting any better,” he wrote. “I sleep only 2 feet away from my celly.” As the days passed, Lance wrote again and again: The number of sick inmates kept growing, and he was increasingly worried about his own health.
Finally, on May 6, Jacque received the news he was dreading: Lance had tested positive for Covid-19. He was experiencing migraines, body chills, and night sweats. To date, he has not received medical care. “Things are out of control over here,” he wrote.
With Jacque’s help, Lance is now the lead plaintiff in a class-action lawsuit filed May 16 against Michael Carvajal, the director of the BOP, and Felicia Ponce, the warden of Terminal Island, arguing that prison officials have failed to take decisive action during the unfolding health crisis by reducing the population of nonviolent medically vulnerable inmates, as the Department of Justice has encouraged them to do.
While federal law gives the BOP more than one way to release inmates like Lance, few of the thousands of potentially eligible inmates have been released. And in some cases, federal prosecutors have been actively resisting such efforts — including in Lance’s case. “The way that they’re treating these folks is inhumane,” Jacque said. Living behind bars amid the pandemic is “like being in a firing line. It’s just, when are they getting you?”
Screaming for Help
If things had gone according to plan, Lance might not have been incarcerated by the time Covid-19 began spreading through the nation’s prisons and jails. Although he’d been involved in a prescription-drug theft ring, the government concluded that Lance was just a bit player and recommended a four-year sentence. The judge on the case said he’d go along with that if Lance successfully completed a live-in drug treatment program first. Not long into the program, Lance was accused of having a contraband cellphone, which he denied. He was kicked out anyway. Although he successfully completed 20 days of a different drug rehab program, the judge doubled the recommended sentence to eight years. In contrast, the three principal players in the scam have already completed their sentences.
Living behind bars amid the pandemic is “like being in a firing line. It’s just, when are they getting you?”
As the outbreak at Terminal Island worsened, Lance hoped for release. After all, Attorney General William Barr had directed the BOP to “immediately maximize” its ability to transfer “appropriate” inmates to home confinement — those who are particularly vulnerable because of underlying conditions, like Lance, and those incarcerated at hard-hit institutions, like Terminal Island — as a means to ease the spread of the virus.
Photo: Courtesy of Jacq Wilson
Arguably, the population of Terminal Island, writ large, falls into the category of those who should be considered for swift release. It is a low-security facility for low-risk inmates — a situation that actually exacerbates the spread of illness since the prisoners are mostly in large dormitory-style housing. It is also a designated facility for inmates with chronic medical or mental health conditions. Compounding the situation is the prison’s overcrowding. Designed to hold a maximum of 779 inmates, there are more than 1,000 living there, according to the lawsuit filed May 16 by the American Civil Liberties Union of Southern California, the Prison Law Office, and law firm Bird Marella.
“The remarkable size and speed of the Terminal Island outbreak is due to the vulnerability caused by a unique combination of three separate aggravating factors: overcrowding, communal living spaces, and vulnerability of the inmate population,” the suit reads. “Even under otherwise ideal conditions, this fact that the prison is already over capacity would render social distancing — a practice that inherently requires that facilities operate at far under their usual capacity — extremely difficult if not impossible.”
Still, Ponce, the warden whose responsibility it is to assess the population for release, has mostly failed to act. As conditions in the prison worsened, inmate families staged a protest outside the facility and local U.S. Rep. Nanette Diaz Barragán asked Ponce for a meeting. The warden didn’t respond for six days. When Barragán was finally given a tour, on May 1, she came away unimpressed: She could hear inmates in makeshift housing “screaming” for help, she told reporters, and was dismayed to learn that Ponce was only considering roughly 50 people for release to home confinement.
Read Our Complete Coverage The Coronavirus Crisis
As Lance’s letters continued, Jacque decided that he had had enough; he wanted his brother out of Terminal Island. “A person should not potentially get a death sentence when they’re only in there for a little bit of drugs.” So he found a seasoned former federal public defender, Alyssa Bell, to file for Lance’s compassionate release, a process that has been somewhat liberalized since the passage of the First Step Act in 2018. Now, instead of having to wait for the BOP to signal that an incarcerated person should be considered for early release, the person can ask for it themselves.
Lance filed a request with Ponce in late April. She still hasn’t responded. On May 5 — just a day before Jacque learned that Lance was infected — Bell filed his application in federal district court. Certainly, Lance would seem like a good candidate for judicial intervention. “He’s been the poster child for why someone should be released,” Jacque said. While incarcerated, he has taken numerous classes, become a facilitator for an alternatives to violence program, and hasn’t once been in trouble. On the outside, he has a home and a job to go to, and a young daughter and an elderly father to care for. “Mr. Wilson’s release plan demonstrates that he can, and will, be a contributing member of his community if granted a reprieve to live his life beyond the specter of illness and death that he must today confront,” Bell wrote.
Photo: Courtesy of Jacq Wilson
Federal prosecutors oppose Lance’s release. They argue that the BOP has done a bang-up job handling the pandemic, that Lance’s medical conditions are minor, and that the BOP has deemed him recovered from the virus — and as such, there’s no reason for his release. They argue that he is a danger to society and shouldn’t be rewarded with early release. “That is not a way to fight disease,” wrote Assistant U.S. Attorney Kathleen Servatius. “It is not a way to protect the public.”
Press accounts and court filings reveal that the government has repeatedly opposed release for incarcerated people like Lance, sometimes on technical grounds — including that the inmate filed for relief prior to the closure of the 30-day window that wardens are given to respond to individual requests. (In Lance’s case, the government initially made this argument, though the 30-day period has now elapsed without a word from the warden.)
Consider the case of James Bess, a 65-year-old nonviolent inmate in North Carolina who has diabetes and heart problems. He’d asked his warden for release, and the warden said no. Still, prosecutors told federal District Judge Lawrence J. Vilardo that even though the warden had already responded, the judge could not act until the 30-day window had closed, the Washington Post reported. It’s “not a perfect system, and frankly it wasn’t built for the circumstances we’re in,” the prosecutor told Vilardo.
“Come on, we’re human beings,” Vilardo responded and ordered Bess’s release.
Other prosecutors have argued that people like Lance can’t be released because they took plea deals and in doing so, waived a number of rights, including the ability to seek relief under the First Step Act — even though the legislation, and the rights conferred by it, didn’t exist at the time those deals were made. “It is impossible to ‘knowingly’ waive a right that does not yet exist,” Senior District Judge Charles Breyer wrote in an order releasing another California inmate.
Navigating a Crisis
In the best of times, navigating the criminal justice system can be a bewildering and byzantine affair. And the BOP is notoriously opaque in its operations and lacks meaningful oversight within the DOJ — indeed, even as Barr insisted the agency should “maximize” releases amid the pandemic, the agency has moved the goalposts, changing eligibility requirements for release, seemingly on a whim.
Given the desperate situation inside prisons, it’s no wonder there has been an increased sense of chaos amid the outbreak. Inmates have faced wide-ranging lockdowns and the BOP’s limited public responses about its operations and efforts to combat the virus are not terribly illuminating. For example, in reporting its Covid-19 numbers, the agency has categorized more than 3,000 incarcerated people — apparently including Lance — as “recovered” from the disease, but without describing exactly what that means. When asked about it by The Intercept, a BOP spokesperson responded that “recovered” means “no longer positive with Covid-19.” When asked if that meant those inmates had been retested, the reply was simply “for more information, you can visit the CDC website,” alongside a link.
Assurances that the agency is following well-defined protocols contradicts stories from inside the facilities where incarcerated people, including Lance, have reported not receiving medical care, that quarantine procedures have been loose at best — with people moved around inside facilities in a way that seems designed to spread infection — and that they have not been provided adequate cleaning supplies or personal protective equipment. Lance told Jacque that he’d been told he’d get one mask per week. That hasn’t happened. Instead, he’s reused the same mask for weeks. “They gave Lance a face mask — a paper mask,” Jacque said. “That’s like giving me a life jacket after I drowned.”
“They gave Lance a face mask — a paper mask. That’s like giving me a life jacket after I drowned.”
Even so, Lance is still in a better position than most: He has an older brother who is a veteran public defender with the skills and resources to advocate for him against the system’s powerful inertia. “This situation illustrates just how difficult it is for families to navigate the correctional system,” San Francisco Public Defender Mano Raju told The Intercept.
Photo: Courtesy of Jacq Wilson
Indeed, Jacque has been on the front lines agitating for change in the system for years, not only as a public defender, but also as a fierce advocate for a major change in California law that has helped to vindicate another one of his brothers who is again caught up in the criminal justice system.
For nearly a decade, Neko Wilson was jailed in Fresno County, charged with a murder he didn’t commit. There was no question about that. He was not even present when Gary and Sandra DeBartolo were robbed and murdered in their home in July 2009. But prosecutors contended that he was part of the underlying plot to rob the couple and, as such, was responsible for their deaths under California’s felony murder rule — a theory of accomplice liability that can dramatically expand the state’s power to punish individuals for crimes they never contemplated and had no role in carrying out.
Jacque joined forces with advocates and lawmakers to change the law and bar prosecutors from charging someone with a murder they had no direct connection to — and in 2018, they were successful. Neko was the first to be released under the new law.
But then, a wrinkle. In 2003 — six years before the DeBartolo murders — Neko and his wife were subject to a questionable traffic stop and search in Navajo County, Arizona, a rectangular swath of land northeast of Phoenix that cuts across the Hopi and Fort Apache reservations, as well as a portion of the Navajo Nation, which has been particularly hard hit by Covid-19. During the search, officers found marijuana, and Neko was arrested. He was given four years of probation, which was transferred to California. His arrest in 2009 for murder constituted a probation violation, so Arizona officials were supposed to issue a nationwide arrest warrant. This would not only signal to California that there was an outstanding criminal case one state over, but would also offer an opportunity for that violation to be resolved concurrently with the outcome of the California case. In other words, whatever jail time would be imposed based on the probation violation could be rolled into Neko’s time served in California. The law required Arizona to issue that warrant, but it did not, Jacque said, a violation of Neko’s due process rights.
In fact, it wasn’t until after Neko was released in California that Arizona put out the nationwide warrant for his arrest. Jacque drove with him to Arizona last spring to try to resolve the matter, but prosecutors balked, and a judge ultimately refused to set bail. The state is asking for a nearly nine-year prison sentence on the 17-year-old pot case. Neko has been locked up in Navajo County for nearly a year now as Jacque and a local lawyer fight for his release. The case is currently pending before the Arizona Supreme Court.
This was all frustrating, at best, before the pandemic, but as the public health crisis has infected the nation’s prisons and jails, both Jacque’s and Neko’s anxiety levels have spiked. Neko, like Lance, has asthma and he has not had access to a rescue inhaler while he’s been jailed. In response to inmate questions about personal protective equipment, a jail nurse told them that “the only way any of you are getting out of here is in a body bag,” Neko told The Intercept.
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Across the U.S., jails have generally done a better job of reducing their populations amid the viral outbreak than have prisons. A typical jail has reduced its population by 30 percent, while prison systems have done so by just 5 percent, according to new analysis by the Prison Policy Initiative. And according to PPI, Arizona’s prisons and jails fall far below those norms. The state’s prison system has released just 2 percent of its population; at least two jails have actually increased their incarcerated population.
Finding information on the situation inside the Navajo County jail is difficult. According to the state health department, Navajo County has the state’s highest rate of infection at 1,206 per 100,000 people. County Sheriff David Clouse’s website contains no information about Covid-19 cases or efforts within the jail to contain the virus, though the White Mountain Independent on April 3 printed a statement from Clouse in which he assured residents that he and his staff “are working around the clock to ensure that we’re doing everything possible to mitigate the spread and impact” of the virus, “especially” in the jail.
Photo: Courtesy of Jacq Wilson
In an email to The Intercept, Navajo County Deputy Chief Ernie Garcia provided a bit more detail. Staff are assessed for symptoms upon arrival at work, and medical staff regularly screen inmates, he wrote. The whole jail is disinfected “hourly” using Centers for Disease Control and Prevention-recommended protocols. Inmates processed into the jail are screened, and anyone showing “signs or symptoms” of disease is immediately quarantined. And they’ve looked at reducing the population “to create more space to help with social distancing.” As of May 14, five people had been deemed eligible for release, “if I remember correctly,” he wrote.
A typical jail has reduced its population by 30 percent, while prison systems have done so by just 5 percent.
Just one inmate had tested positive for the virus, he wrote, but “he was positive prior to being arrested.”
Garcia’s depiction of life inside conflicts with Neko’s. He says the staff have rarely worn protective equipment, and although cells were restricted to two people for a while, they’ve recently gone back to three people per cell, with one person sleeping on the floor. There are not enough supplies to keep things clean, and he’s scared of getting sick.
On March 24, Neko’s attorney filed a petition in the local superior court, citing Neko’s underlying health risks and asking for his emergency release from custody. The court has yet to respond.
Meanwhile, Jacque is exhausted. And worried. Not only about his brothers, but also about his father, Mack. The 85-year-old is a Vietnam War veteran who suffers from post-traumatic stress disorder, which has intensified amid the pandemic — particularly after he learned that deaths from the virus had surpassed the number of casualties the U.S. suffered in Vietnam. In late April, Mack got to the mail before Jacque and opened a letter from Lance. It was the first one he’d read. He didn’t realize how bad things were at Terminal Island. Reading the letter, he had a panic attack and fell to the floor. Jacque had to help him up. All Mack could say was “I don’t want my son to die in there,” Jacque recalled. “Why is this happening to me?” Since then, Jacque has made sure all Lance’s correspondence comes directly to him.
Frustration and anger rise in Jacque’s voice as he contemplates the racism exposed by the pandemic. The virus has hit communities of color the hardest and has again revealed hard truths about the criminal justice system. “This is what happens when we have a system of mass incarceration,” he said. “If it’s not that you die on the streets as a young black man, from violence … you end up in prison, and you may die from coronavirus. All these things about race and inequality are just times 100 right now.”


theintercept--2020-05-31--After a Fight Over Control of Brazil's Federal Police, Raids Target Bolsonaro's Political Rivals

carried out a pair of operations on consecutive days this week targeting political opponents and allies of far-right President Jair Bolsonaro .
The operations raised questions surrounding mounting evidence that the Brazilian equivalent of the Federal Bureau of Investigations — the agency at the center of a recent , dramatic power struggle in the Bolsonaro administration — is being leveraged for political purposes , deepening the crises enveloping the country ’ s democratic institutions .
On Tuesday , in an ostentatious raid , Federal Police simultaneously knocked at the door of the official residence of the governor of the state @ @ @ @ @ @ @ , and 11 other locales .
The Federal Prosecutor ’ s Office and the Federal Police alleged that Witzel ran a group that may have defrauded and embezzled money intended for field hospitals to fight the coronavirus pandemic in Rio .
Witzel ’ s mobile phone and personal computer were seized .
The suspicions were not without justification .
The likely fraud was exposed by the reporting of an independent journalist ; a higher court authorized the police raids ; and the field hospitals are still not functioning at full capacity even after @ @ @ @ @ @ @ in Brazil .
Yet the raid raised eyebrows : Witzel has become one of Bolsonaro ’ s two main conservative rivals on the national stage .
What ’ s more , Bolsonaro is being investigated by the Supreme Court for political interference in the command of the very same Federal Police force that targeted Witzel — an allegation made by the president ’ s former justice minister , Sergio Moro , who resigned as a result of the row .
A day after questions arose about political influence on law enforcement following the @ @ @ @ @ @ @ , on orders from the Supreme Court , turned on Bolsonaro ’ s allies .
The court had opened a controversial inquiry to investigate “ fake news ” about the court itself , setting up Federal Police actions against bloggers , social media influencers , and businessmen tied to Bolsonaro .
While no one was arrested , the suspects ’ banking and telecommunications confidentiality were lifted .
The case will also involve politicians close to Bolsonaro testifying in court .
Allegations around the Federal Police kicked into high gear in late April when @ @ @ @ @ @ @ minister of justice , claimed that the president sought an inappropriate level of control over the work of the Federal Police .
Moro was , in some ways , an unlikely high-profile Bolsonaro adversary .
The former judge became a national celebrity in April 2018 when he sent former left-wing president Luiz Inácio Lula da Silva to prison as part of Operation Car Wash , a sweeping anti-corruption probe .
Seven months later , Moro accepted Bolsonaro ’ s invitation to serve as justice minister and became one of the cornerstones of the @ @ @ @ @ @ @ 2019 , The Intercept published a series of reports in Portuguese and English that cast light on the Operation Car Wash ’ s methods and political biases .
In April , Moro resigned amid claims that Bolsonaro wanted him to replace the Federal Police ’ s commander , creating a political furor .
Moro said the president ’ s aims were political : Bolsonaro wanted to protect his sons and political allies , who are the targets of various police investigations .
In the statement announcing his resignation , which was broadcast live @ @ @ @ @ @ @ Bolsonaro ’ s pressure for his decision .
His words prompted an investigation at the Supreme Court .
In response to demands for evidence , Moro mentioned a ministerial meeting that took place days before his resignation and was recorded on video .
The recording shocked Brazil when made public by the Supreme Court .
Amid swearing and shouting — mostly by Bolsonaro himself — ministers in the meeting demanded the arrests of Supreme Court judges , governors , and mayors who were seen as obstacles to the administration .
There was even @ @ @ @ @ @ @ the coronavirus to push forward measures aimed at dismantling the legal framework that protects the Amazon and other natural resources .
Yet Bolsonaro stole the show .
Among insults aimed at his political opponents — namely , Witzel and São Paulo governor , João Doria — he blurted out that Brazilians should be armed , ordered Moro to sign a decree increasing the allowed ammunition purchase limits as “ a message to these pieces of shit , ” referring to the governors and mayors .
The decree was issued the following day .
@ @ @ @ @ @ @ about his intentions for the Federal Police .
He complained about the poor quality of the government ’ s intelligence reports and his personal security .
The president didn ’ t specifically mention the police force , but it wasn ’ t necessary .
“ I will interfere , ” he said , glaring in Moro ’ s direction .
“ That ’ s it.
” I Only Want One With Moro out of the way , Bolsonaro went on to quickly change the Federal Police command .
At first , he appointed @ @ @ @ @ @ @ one of his sons , Carlos Bolsonaro , who is being investigated in the fake news inquiry .
Bolsonaro even publicly declared that his nominee was a personal friend .
But the Supreme Court blocked the appointment , claiming it would do damage to the independence of the Federal Police .
Upset by the decision , Bolsonaro initially signaled he would ignore the court , but eventually relented and appointed Rolando Alexandre de Souza , another police officer close to his administration .
As soon as Souza took over , he made changes @ @ @ @ @ @ @ Police ’ s Rio division .
The moves could bring a measure of relief to the president .
His eldest son , Flávio Bolsonaro , a Senator since 2018 , is under investigation by the local and Federal Police in Rio for wage theft against his State Congress staff , as well as using the funds in schemes involving organized crime .
According to Moro ’ s testimony in the Supreme Court investigation , it was the same Rio division of the Federal Police investigating Flávio Bolsonaro that the president sought control over @ @ @ @ @ @ @ , ” Bolsonaro told Moro , according to the former justice minister ’ s testimony .
“ I only want one , which is Rio ’ s. ” The new commander of the federal police in Rio took office on Monday , May 25 .
On Tuesday , the police raid showed up at Witzel ’ s front door .
Witzel , a former judge who is new to politics and won as part of a wave of ultraconservative victories in 2018 , was caught unawares .
Some of Bolsonaro ’ s allies @ @ @ @ @ @ @ of the impending raids .
On Monday , Carla Zambelli , a member of Congress and one of Bolsonaro ’ s fiercest and closest defenders , said during a radio interview that “ some governors are under investigation by the Federal Police ” for crimes committed amid the fight against the pandemic .
The same day , Eduardo Bolsonaro , himself a member of the Federal Police and a sitting member of Congress , suggested on his social media that an operation was looming .
The process that led to the raids came @ @ @ @ @ @ @ that Attorney General Augusto Aras , another Bolsonaro appointee , issued the subpoenas against Witzel less than a week after he received records related to the inquiry .
On Monday , hours before the raid on Witzel , Bolsonaro made an unannounced visit to Aras ’ s office .
The same day , Zambelli and Eduardo Bolsonaro teased the operation .
Though the scandal surrounding Witzel is plausible — his wife ’ s business was the alleged recipient of large payments by the likely fraudsters — the prospect of interference by Bolsonaro offered @ @ @ @ @ @ @ press that Brazil is “ governed by a leader who is politically persecuting those he considers to be the enemy , ” adding that Bolsonaro is “ a fascist.
” Witzel was not alone in casting doubt on the motives behind the raid .
João Doria , the governor of São Paulo and another of Bolsonaro ’ s conservative rivals , expressed discomfort with the operation : “ It hints at an authoritarian escalation that is worrying.
” For Bolsonaro , however , the more immediate threat may not come from allegations of @ @ @ @ @ @ @ as Bolsonaro ’ s allies celebrated the raids against his political rivals on Monday , legal issues were looming for some of these same supporters .
On Wednesday , several prominent Bolsonaro allies were targeted by the force in an inquiry led by the Supreme Court against fake news .
Proprietors of right-wing blogs , including some of the most influential ultra-conservative figures on the Brazilian internet , were targeted by search and seizure warrants .
Their mobile phones and computers were seized .
Although he was not a target , Carlos Bolsonaro @ @ @ @ @ @ @ seems to be a figure in the investigation .
Carlos is widely known as the informal chief of the “ hate cabinet ” — a nickname given to the presidential advisors that execute Bolsonaro ’ s strategy on social media — a group linked to some of the investigation ’ s targets .
This inquiry is unique in the Brazilian legal system , one in which the Supreme Court investigates crimes and threats against its own members .
The judge in charge , Alexandre de Moraes , was himself the target of the @ @ @ @ @ @ @ and his peers may eventually be called to judge crimes of which they ’ re the victims .
The peculiar and unprecedented nature of the investigation — which is not in itself illegal , but does take advantage of gaps in Brazilian law — raises questions about the impartiality of the court in the matter at hand , and even the specter of unaccountable authoritarian jurisprudence .
Nonetheless , the inquiry launched with Wednesday ’ s operation is set to ensnare even members of Congress .
Zambelli , the member of Congress who @ @ @ @ @ @ @ will have to testify .
Businessmen with close ties to Bolsonaro will have their financial records scrutinized , among them Luciano Hang , the talkative owner of dozens of mega-stores .
This could , in the end , put Bolsonaro ’ s campaign in reach of the investigation : Folha de S. Paulo newspaper reported almost a year ago that businessmen financed the distribution of content , at least partially based on fake news , in favor of Bolsonaro ’ s candidacy through WhatsApp , a popular messaging service in Brazil .
Perhaps @ @ @ @ @ @ @ has yet to weigh in on the recent fake news inquiry is the military .
Retired military officials with links to Bolsonaro — including the retired army general who runs the Ministry of Defense — have from time to time publicly expressed their anger with court decisions they have seen as a blow to the president ’ s autonomy , which they view as a conduit for power .
One such occasion was the Supreme Court ’ s veto of Bolsonaro ’ s choice to lead the police force .
Yet the military @ @ @ @ @ @ @ has been targeted by the far-right fake-news machine .
Whenever retired military officials in the administration make decisions that seemed to displease the Bolsonaros , misinformation about them would percolate on the internet .
So there were very few complaints from the barracks about the fake news inquiry .
But if the fake news inquiry begins to reach up into and threaten the Bolsonaro administration — which the military views as a conduit for its empowerment — that would quickly change .
With things moving as quickly as they are in Brazil ’ @ @ @ @ @ @ @ only a matter of days .

Brazil’s Federal Police carried out a pair of operations on consecutive days this week targeting political opponents and allies of far-right President Jair Bolsonaro. The operations raised questions surrounding mounting evidence that the Brazilian equivalent of the Federal Bureau of Investigations — the agency at the center of a recent, dramatic power struggle in the Bolsonaro administration — is being leveraged for political purposes, deepening the crises enveloping the country’s democratic institutions.
On Tuesday, in an ostentatious raid, Federal Police simultaneously knocked at the door of the official residence of the governor of the state of Rio de Janeiro, Wilson Witzel, and 11 other locales. The Federal Prosecutor’s Office and the Federal Police alleged that Witzel ran a group that may have defrauded and embezzled money intended for field hospitals to fight the coronavirus pandemic in Rio. Witzel’s mobile phone and personal computer were seized.
The operations raised questions about the Federal Police being leveraged for political purposes, deepening the crises enveloping the country’s democratic institutions.
The suspicions were not without justification. The likely fraud was exposed by the reporting of an independent journalist; a higher court authorized the police raids; and the field hospitals are still not functioning at full capacity even after almost three months of the Covid-19 crisis in Brazil.
Yet the raid raised eyebrows: Witzel has become one of Bolsonaro’s two main conservative rivals on the national stage. What’s more, Bolsonaro is being investigated by the Supreme Court for political interference in the command of the very same Federal Police force that targeted Witzel — an allegation made by the president’s former justice minister, Sergio Moro, who resigned as a result of the row.
A day after questions arose about political influence on law enforcement following the raid on Witzel, the Federal Police, on orders from the Supreme Court, turned on Bolsonaro’s allies. The court had opened a controversial inquiry to investigate “fake news” about the court itself, setting up Federal Police actions against bloggers, social media influencers, and businessmen tied to Bolsonaro. While no one was arrested, the suspects’ banking and telecommunications confidentiality were lifted. The case will also involve politicians close to Bolsonaro testifying in court.
Then-Brazilian Minister of Justice and Public Security Sergio Moro arrives to deliver a press conference in Brasilia, on April 24, 2020. Photo: Evaristo Sa/AFP via Getty Images
I Will Interfere. That’s It
Allegations around the Federal Police kicked into high gear in late April when Sergio Moro, then B0lsonaro’s minister of justice, claimed that the president sought an inappropriate level of control over the work of the Federal Police.
Moro was, in some ways, an unlikely high-profile Bolsonaro adversary. The former judge became a national celebrity in April 2018 when he sent former left-wing president Luiz Inácio Lula da Silva to prison as part of Operation Car Wash, a sweeping anti-corruption probe. Seven months later, Moro accepted Bolsonaro’s invitation to serve as justice minister and became one of the cornerstones of the far-right president’s administration. In 2019, The Intercept published a series of reports in Portuguese and English that cast light on the Operation Car Wash’s methods and political biases.
In April, Moro resigned amid claims that Bolsonaro wanted him to replace the Federal Police’s commander, creating a political furor. Moro said the president’s aims were political: Bolsonaro wanted to protect his sons and political allies, who are the targets of various police investigations. In the statement announcing his resignation, which was broadcast live on major news networks, Moro blamed Bolsonaro’s pressure for his decision. His words prompted an investigation at the Supreme Court.
In response to demands for evidence, Moro mentioned a ministerial meeting that took place days before his resignation and was recorded on video. The recording shocked Brazil when made public by the Supreme Court. Amid swearing and shouting — mostly by Bolsonaro himself — ministers in the meeting demanded the arrests of Supreme Court judges, governors, and mayors who were seen as obstacles to the administration. There was even mention of using the distraction caused by the coronavirus to push forward measures aimed at dismantling the legal framework that protects the Amazon and other natural resources.
Yet Bolsonaro stole the show. Among insults aimed at his political opponents — namely, Witzel and São Paulo governor, João Doria — he blurted out that Brazilians should be armed, ordered Moro to sign a decree increasing the allowed ammunition purchase limits as “a message to these pieces of shit,” referring to the governors and mayors. The decree was issued the following day.
Perhaps most notably, Bolsonaro was clear about his intentions for the Federal Police. He complained about the poor quality of the government’s intelligence reports and his personal security. The president didn’t specifically mention the police force, but it wasn’t necessary. “I will interfere,” he said, glaring in Moro’s direction. “That’s it.”
I Only Want One
With Moro out of the way, Bolsonaro went on to quickly change the Federal Police command. At first, he appointed an officer who attended parties held by one of his sons, Carlos Bolsonaro, who is being investigated in the fake news inquiry. Bolsonaro even publicly declared that his nominee was a personal friend. But the Supreme Court blocked the appointment, claiming it would do damage to the independence of the Federal Police. Upset by the decision, Bolsonaro initially signaled he would ignore the court, but eventually relented and appointed Rolando Alexandre de Souza, another police officer close to his administration.
As soon as Souza took over, he made changes to the regional command of the Federal Police’s Rio division. The moves could bring a measure of relief to the president. His eldest son, Flávio Bolsonaro, a Senator since 2018, is under investigation by the local and Federal Police in Rio for wage theft against his State Congress staff, as well as using the funds in schemes involving organized crime.
According to Moro’s testimony in the Supreme Court investigation, it was the same Rio division of the Federal Police investigating Flávio Bolsonaro that the president sought control over. “You control all the commands,” Bolsonaro told Moro, according to the former justice minister’s testimony. “I only want one, which is Rio’s.”
Federal Police officers search the Palacio das Laranjeiras, the official residence of Governor of Rio de Janeiro Wilson Witzel, on May 26, 2020, in Rio de Janeiro, Brazil. Photo: Bruna Prado/Getty Images
The new commander of the federal police in Rio took office on Monday, May 25. On Tuesday, the police raid showed up at Witzel’s front door. Witzel, a former judge who is new to politics and won as part of a wave of ultraconservative victories in 2018, was caught unawares.
Some of Bolsonaro’s allies, though, seemed to have foreknowledge of the impending raids. On Monday, Carla Zambelli, a member of Congress and one of Bolsonaro’s fiercest and closest defenders, said during a radio interview that “some governors are under investigation by the Federal Police” for crimes committed amid the fight against the pandemic. The same day, Eduardo Bolsonaro, himself a member of the Federal Police and a sitting member of Congress, suggested on his social media that an operation was looming.
The process that led to the raids came at record speed. piauí magazine reported that Attorney General Augusto Aras, another Bolsonaro appointee, issued the subpoenas against Witzel less than a week after he received records related to the inquiry. On Monday, hours before the raid on Witzel, Bolsonaro made an unannounced visit to Aras’s office. The same day, Zambelli and Eduardo Bolsonaro teased the operation.
Though the scandal surrounding Witzel is plausible — his wife’s business was the alleged recipient of large payments by the likely fraudsters — the prospect of interference by Bolsonaro offered him a scapegoat. Witzel told the press that Brazil is “governed by a leader who is politically persecuting those he considers to be the enemy,” adding that Bolsonaro is “a fascist.”
Witzel was not alone in casting doubt on the motives behind the raid. João Doria, the governor of São Paulo and another of Bolsonaro’s conservative rivals, expressed discomfort with the operation: “It hints at an authoritarian escalation that is worrying.”
The Court Strikes Back
For Bolsonaro, however, the more immediate threat may not come from allegations of politically motivated investigations. Indeed, even as Bolsonaro’s allies celebrated the raids against his political rivals on Monday, legal issues were looming for some of these same supporters. On Wednesday, several prominent Bolsonaro allies were targeted by the force in an inquiry led by the Supreme Court against fake news.
Proprietors of right-wing blogs, including some of the most influential ultra-conservative figures on the Brazilian internet, were targeted by search and seizure warrants. Their mobile phones and computers were seized. Although he was not a target, Carlos Bolsonaro, the president’s son, seems to be a figure in the investigation. Carlos is widely known as the informal chief of the “hate cabinet” — a nickname given to the presidential advisors that execute Bolsonaro’s strategy on social media — a group linked to some of the investigation’s targets.
On Wednesday, several prominent Bolsonaro allies were targeted by the force in an inquiry led by the Supreme Court against fake news.
This inquiry is unique in the Brazilian legal system, one in which the Supreme Court investigates crimes and threats against its own members. The judge in charge, Alexandre de Moraes, was himself the target of the fake news operations he’s investigating and his peers may eventually be called to judge crimes of which they’re the victims. The peculiar and unprecedented nature of the investigation — which is not in itself illegal, but does take advantage of gaps in Brazilian law — raises questions about the impartiality of the court in the matter at hand, and even the specter of unaccountable authoritarian jurisprudence.
Nonetheless, the inquiry launched with Wednesday’s operation is set to ensnare even members of Congress. Zambelli, the member of Congress who publicly teased Tuesday’s raids, will have to testify. Businessmen with close ties to Bolsonaro will have their financial records scrutinized, among them Luciano Hang, the talkative owner of dozens of mega-stores. This could, in the end, put Bolsonaro’s campaign in reach of the investigation: Folha de S. Paulo newspaper reported almost a year ago that businessmen financed the distribution of content, at least partially based on fake news, in favor of Bolsonaro’s candidacy through WhatsApp, a popular messaging service in Brazil.
Perhaps the only major conservative political institution that has yet to weigh in on the recent fake news inquiry is the military. Retired military officials with links to Bolsonaro — including the retired army general who runs the Ministry of Defense — have from time to time publicly expressed their anger with court decisions they have seen as a blow to the president’s autonomy, which they view as a conduit for power. One such occasion was the Supreme Court’s veto of Bolsonaro’s choice to lead the police force.
Yet the military, like the Supreme Court itself, has been targeted by the far-right fake-news machine. Whenever retired military officials in the administration make decisions that seemed to displease the Bolsonaros, misinformation about them would percolate on the internet. So there were very few complaints from the barracks about the fake news inquiry.
But if the fake news inquiry begins to reach up into and threaten the Bolsonaro administration — which the military views as a conduit for its empowerment — that would quickly change. With things moving as quickly as they are in Brazil’s chaotic politics, that might be only a matter of days.


theintercept--2020-05-31--As Police Attack Protesters in Minneapolis, Speculations About “Outsiders” Draw on Fraught History

across Minneapolis Friday night and protestors mourned the murder of George Floyd , neighborhood watch volunteers found three white teenagers looting Skol Liquors , a few blocks from the city ’ s scorched Third Precinct .
The volunteers worked for American Indian Movement Patrol , one of several community groups trying to keep peace in the city .
The volunteers had permission from Mayor Jacob Frey to protect Native land , an organizer said .
When they spotted the looting , AIM Patrol rounded up the teenagers , had them lie on the ground with their arms out , and @ @ @ @ @ @ @ along with a video of the encounter .
They also called the boys ’ parents — in Eau Claire , Wisconsin , a 90-minute drive from Minneapolis .
As people in the Twin Cities woke up to a devastated city this weekend , state and local officials pushed the idea that the damage was mostly perpetrated by outsiders — a notion that has a long and fraught history in global protest movements .
While the Wisconsin teenagers were one small data point supporting that claim , other solid evidence was lacking .
And @ @ @ @ @ @ @ to walk back their claims , after local reporters reviewed arrest records and found that most of the people arrested on Friday and early Saturday in Hennepin County were in fact Minnesota residents .
At a press conference on Saturday morning , St. Paul Mayor Melvin Carter said that every person arrested on Friday in his city came from out of state — a statement that jibed with remarks from Mayor Jacob Frey and Gov .
Tim Walz .
The Minnesota Fusion Center , part of a network of intelligence-sharing agencies created in @ @ @ @ @ @ @ past have monitored Black Lives Matter , Occupy , and Standing Rock protestors , claimed that as many as 75,000 “ agitators ” were en route to the state , according to the Star Tribune .
After reporters combed over arrest records , though , Carter took back his comment , saying he ’ d been given inaccurate information by the police .
“ Saying they ’ re outside forces is not to deflect and say we don ’ t have a problem , ” Walz said at a press conference Sunday morning @ @ @ @ @ @ @ misinformation .
But that is how such claims have historically been used .
The notion that violence is perpetrated by outsiders is one that has cropped up in every major protest movement , from the U.S. civil rights movement on .
It has been pushed at past demonstrations in the Middle East ; Ferguson , Missouri ; the Standing Rock Reservation in the Dakotas ; and most recently by the Chinese government in Hong Kong .
For some critics , blaming outsiders is a way of distracting from protestors ’ legitimate demands .
@ @ @ @ @ @ @ capitol on Sunday , speakers pointed out that burning buildings could be replaced .
It was justice that they wanted .
What was clear in Minneapolis this weekend , however , was that the protests , while centered on George Floyd ’ s killing , had taken on other political dimensions .
At a demonstration of thousands of people on Saturday afternoon , Derrick Stevens suggested that some of the actions , slogans , and spray-paint tags suggested people with other motivations were becoming involved .
“ There are other people involved in @ @ @ @ @ @ @ , ” said Stevens , who works as the production manager for the local radio station The Current .
Frey and Minnesota public safety commissioner John Harrington blamed white supremacists .
President Donald Trump offered up a different culprit .
“ It ’ s ANTIFA and the radical left , ” he tweeted .
On the streets in Minneapolis , though , a palpable anger was still directed at the police .
A second video of the Floyd killing had emerged online showing three officers sitting on Floyd as he took his last @ @ @ @ @ @ @ the officer charged with third-degree murder .
“ This is the result of the Minneapolis police murdering that young man , ” said Frank Paro , co-director of the AIM , which formed in 1968 in response to police brutality .
The neighborhood in south Minneapolis where Floyd was killed is the urban heart of the Minnesota Native community .
Paro added : “ This is Indian land .
This is our community .
”

As fires burned across Minneapolis on Friday night and protestors mourned the murder of George Floyd, neighborhood watch volunteers found three white teenagers looting Skol Liquors, a few blocks from the city’s scorched Third Precinct. The volunteers worked for American Indian Movement Patrol, one of several community groups trying to keep peace in the city. The volunteers had permission from Mayor Jacob Frey to protect Native land, an organizer said. When they spotted the looting, AIM Patrol rounded up the teenagers, had them lie on the ground with their arms out, and then posted their photos to Facebook, along with a video of the encounter. They also called the boys’ parents — in Eau Claire, Wisconsin, a 90-minute drive from Minneapolis.
As people in the Twin Cities woke up to a devastated city this weekend, state and local officials pushed the idea that the damage was mostly perpetrated by outsiders — a notion that has a long and fraught history in global protest movements. While the Wisconsin teenagers were one small data point supporting that claim, other solid evidence was lacking. And by Saturday night, officials were forced to walk back their claims, after local reporters reviewed arrest records and found that most of the people arrested on Friday and early Saturday in Hennepin County were in fact Minnesota residents.
At a press conference on Saturday morning, St. Paul Mayor Melvin Carter said that every person arrested on Friday in his city came from out of state — a statement that jibed with remarks from Frey and Gov. Tim Walz. The Minnesota Fusion Center, part of a network of intelligence-sharing agencies created in the wake of 9/11 that in the past have monitored Black Lives Matter, Occupy, and Standing Rock protesters, claimed that as many as 75,000 “agitators” were en route to the state, according to the Star Tribune.
After reporters combed over arrest records, though, Carter took back his comment, saying that he’d been given inaccurate information by the police. “Saying they’re outside forces is not to deflect and say we don’t have a problem,” Walz said at a press conference Sunday morning, after reporters asked him about the misinformation.
But that is how such claims have historically been used. The notion that violence is perpetrated by outsiders is one that has cropped up in every major protest movement, from the U.S. civil rights movement on. It has been pushed at past demonstrations in the Middle East; Ferguson, Missouri; at the Standing Rock Reservation in the Dakotas; and most recently by the Chinese government in Hong Kong. For some critics, blaming outsiders is a way of distracting from protesters’ legitimate demands. At a rally at the Minnesota state capitol on Sunday, speakers pointed out that burning buildings could be replaced. It was justice that they wanted.
For some critics, blaming outsiders is a way of distracting from protesters’ legitimate demands.
What was clear in Minneapolis this weekend, however, was that the protests, while centered on Floyd’s killing, had taken on other political dimensions. At a demonstration of thousands of people on Saturday afternoon, Derrick Stevens suggested that some of the actions, slogans, and spray-paint tags suggested that people with other motivations were becoming involved. “There are other people involved in this protest that have their own agenda,” said Stevens, who works as the production manager for the local radio station The Current.
Frey and Minnesota public safety Commissioner John Harrington blamed white supremacists. President Donald Trump offered up a different culprit. “It’s ANTIFA and the radical left,” he tweeted.
On the streets in Minneapolis, though, a palpable anger was still directed at the police. A second video of the Floyd killing had emerged online showing three officers sitting on Floyd as he took his last breaths — not just Derek Chauvin, the officer charged with third-degree murder. “This is the result of the Minneapolis police murdering that young man,” said Frank Paro, co-director of the AIM, which formed in 1968 in response to police brutality. The neighborhood in south Minneapolis where Floyd was killed is the urban heart of the Minnesota Native community. Paro added: “This is Indian land. This is our community.”
Frank Paro, co-director of the American Indian Movement, worries that further police violence could reignite rage in Minneapolis. Photo: Mara Hvistendahl
Paro, who is helping coordinate American Indian Movement Patrol’s efforts, sat on a folding chair outside Pow Wow Grounds, a coffee shop on Minneapolis’s East Franklin Avenue, as masked volunteers streamed past carrying donated food. Before the protests, the area had already been hit hard by the coronavirus pandemic and a tanking economy. Now, it has lost all of its grocery stores to looting. As Paro explained how the patrol network operates, a man fled the Dollar General across the street with a bag of loot. The store had boarded up the windows, but someone had apparently neglected to lock the door. “That guy just opened that door up!” Paro shouted. He jumped into his car, which had a sign taped to the door reading “AIM PATROL,” and drove across the street, where he parked outside to ward off other potential perpetrators.
Others pointed out that Trump had escalated matters by inciting hate, disparaging the protests as a whole and seeming to give a green light for violence against demonstrators. Charles Anderson, a local demonstrator, raised the disparity between Trump’s treatment of the so-called reopen protests and demonstrations against police killing. The protests calling for reopening the country have frequently featured armed white men rallying outside public buildings — including Minnesota’s statehouse. “He said that they were very good people,” said Anderson. “And then he says we’re thugs.”
On Friday, Trump tweeted, “When the looting starts, the shooting starts,” a phrase with a racist history. Anderson said that response was a dog whistle to the president’s racist supporters to mobilize. “That was a call for people to come to Minnesota — this is where it’s coming down,” said Stevens. “It’s, you know, ‘Let’s start some shit.’”
Volunteers Layne Knutson, left, and Salah Ali, right, sweep water of a torched Wells Fargo bank in Minneapolis. Photo: Mara Hvistendahl
Throughout the weekend, local groups continued to organize peaceful demonstrations, including one that gave immunocompromised people the option to drive in. Outside the house of the local prosecutor, Hennepin County Attorney Michael Freeman, people danced to N.W.A.’s “Fuck tha Police” and talked about the issues underlying discontent, like the lack of affordable housing and segregated school districts. Elsewhere in the city, people hauled around mops and buckets and scrubbed graffiti off the walls of local businesses or swept water out of flooded businesses.
As the weekend wore on, State Patrol and National Guard troops streamed into the city. The Minnesota National Guard tweeted on Saturday night that they were “moving toward 10,800” troops in the area. On Friday and Saturday nights, there were reports of law enforcement tear-gassing journalists and medics, as well as demonstrators. One Twitter user posted a video of National Guard troops marching through a residential neighborhood and firing projectiles at local residents watching from their own porches. “Light ’em up!” one officer shouts in the video, before the residents flee indoors. In one instance of a rash of attacks against the press, a freelance photographer was shot in the eye by what she believes was a rubber bullet fired by police and is unlikely to recover her vision.
Read Our Complete Coverage Protests for Black Lives
Minneapolis residents watched as the escalating protests against police brutality were in turn met by police brutality. In the LynLake area of Minneapolis, Alyssa Flandrick and Chris Jones said they watched from their apartment windows at around 1 a.m. on Friday night as law enforcement officers pulled a couple from their car, shot them with rubber bullets, and then shot the tires of the car. “These people in these cars were innocent people, driving, trying to go home or whatever they were doing,” said Flandrick. A day later, the car was still blocking the center of the street and another resident was directing traffic.
People in the building had also witnessed looters setting fire to dumpsters, rounding up bicycles and dumping them in a truck, and crashing a car into a pole on their block. Yet law enforcement’s show of force was what most upset them. Jones was nursing a bruise caused by a rubber bullet, from a demonstration he had attended the night before.
Some fear that police use of force creates a vicious cycle that can lead to more chaos. “What I fear is if a law enforcement personnel kills another person, it’s just going to reignite it,” said Paro, the AIM organizer. AIM Patrol called off rounds Saturday night after National Guard troops flooded Minneapolis streets, according to the website Indian Country Today.
Stevens, the local radio production manager who saw the protesters’ motivations broadening, fears the focus could be pulled away from police killings of black people. “I really hope that we don’t allow the focus to shift,” he said, “because that’s the reason why the anger and frustration and hurt was put out there in the first place — because we watched a man die on film.”


theintercept--2020-05-31--Bill de Blasio Needs to Resign. By Defending Police Violence, He Has Betrayed New Yorkers.

is a moral and political disgrace .
In March , as the coronavirus spread through the nation ’ s biggest city , the mayor of New York City was proudly “ telling people to not avoid restaurants , not avoid the normal things they would do ” because “ if you are not sick … you should be going about your life.
” His advice may have contributed to the deaths of thousands of New Yorkers .
In April , he angrily singled out the “ Jewish community ” in a tweet , threatening a vulnerable minority with mass arrests @ @ @ @ @ @ @ he himself had violated just three days earlier .
Yet late on Saturday night , as mass protests against police brutality raged across New York City , the Democratic mayor crossed a new and grotesque line : He went on live television , on NY1 , to defend and excuse police brutality against those protesters .
He should resign because his comments on Saturday night were brazen and disgusting lies .
Two New York Police Department vehicles were filmed ramming into protesters behind a barricade .
The mayor said the video was “ @ @ @ @ @ @ @ “ inappropriate for protesters to surround a police vehicle and threaten police officers , ” adding that the officers had to “ get out ” of that “ impossible ” situation .
The police were surrounded ?
They had no other options ?
The ( viral ) video evidence suggests otherwise .
It is clear that neither police car was surrounded ; both drivers could have reversed but chose instead to plough their vehicles into the crowd of people in front of them .
So who should we believe ?
De Blasio or @ @ @ @ @ @ @ resign because he is behaving less like a leader and more like a sociopath .
“ If those protestors had just gotten out of the way we wouldn ’ t be talking about this situation , ” is an actual quote from the mayor of New York City , in his live broadcast on NY1 .
Got that ?
The unarmed people on the street run over by armed men in cars should … blame themselves for being run over !
He should resign because he is starting to sound like the far-right @ @ @ @ @ @ @ ( until he had to end his presidential campaign last September because he was polling at less than 1 percent nationally . )
This , I kid you not , is another astonishing quote from the mayor : “ Any protester that tries to take the humanity away from a police officer and devalue them just because they are a public servant is no better than the racists who devalue people of color and particularly black men in America.
” To quote New York human rights lawyer Kumar Rao , “ This is @ @ @ @ @ @ @ fine people on both sides ’ moment.
” ( It is also worth noting here that the “ very fine ” white nationalist in Charlottesville , Virginia , who killed Heather Heyer did so by driving his car into a crowd of protesters ! )
On Sunday morning , de Blasio acknowledged “ mistakes ” and called for a city review of police behavior .
This is far from enough .
He should resign because he has a history of failing black New Yorkers on this crucial issue of police brutality .
For @ @ @ @ @ @ @ refused to call for the firing of the police officers involved in the death of Eric Garner in 2014 .
“ He also delayed for years a departmental trial that could have led to the officer ’ s dismissal , ” as the New York Times pointed out last July .
Earlier this month , the mayor defended the NYPD ’ s violent enforcement of social distancing guidelines against communities of color — while ignoring official data showing that black New Yorkers “ who make up a quarter of the city ’ s @ @ @ @ @ @ @ ” of those arrested for social distancing offenses .
He should resign because he ran for mayor in 2013 on a platform of police reform , and even put out a campaign video slamming “ stop and frisk , ” which featured him in conversation with his then-15-year-old black son Dante .
That ad , titled “ Dignity , ” is often credited with helping him secure victory in the mayoral election .
At the Democratic presidential debate in Miami last June , de Blasio again invoked his son .
“ For the @ @ @ @ @ @ @ raising a black son in America , ” he said .
“ I have had to have very , very serious talks with my son , Dante , about how to protect himself on the streets of our city and all over our country , including how to deal with the fact that he has to take special caution because there have been too many tragedies between our young men and our police.
” Yet hundreds of black teenagers , who look just like Dante , will continue to be targeted , brutalized @ @ @ @ @ @ @ s “ finest.
” And Dante ’ s father will continue to shrug his shoulders and say they should just have just gotten out of the way .

Photo: John Lamparski/NurPhoto via Getty Images
Bill de Blasio
is a moral and political disgrace.
In March, as the coronavirus spread through the nation’s biggest city, the mayor of New York City was proudly “telling people to not avoid restaurants, not avoid the normal things they would do” because “if you are not sick … you should be going about your life.” His advice may have contributed to the deaths of thousands of New Yorkers.
In April, he angrily singled out the “Jewish community” in a tweet, threatening a vulnerable minority with mass arrests for breaking social distancing rules — which he himself had violated just three days earlier.
Yet late on Saturday night, as mass protests against police brutality raged across New York City, the Democratic mayor crossed a new and grotesque line: He went on live television, on NY1, to defend and excuse police brutality against those protesters.
De Blasio needs to resign.
He should resign because his comments on Saturday night were brazen and disgusting lies. Two New York Police Department vehicles were filmed ramming into protesters behind a barricade. The mayor said the video was “upsetting” but claimed that it was “inappropriate for protesters to surround a police vehicle and threaten police officers,” adding that the officers had to “get out” of that “impossible” situation.
The police were surrounded? They had no other options? The (viral) video evidence suggests otherwise.
The Mayor of New York City just lied to 8 million New Yorkers. pic.twitter.com/4tnJCWyZ51 — Rafael Shimunov (@rafaelshimunov) May 31, 2020
It is clear that neither police car was surrounded; both drivers could have reversed but chose instead to plough their vehicles into the crowd of people in front of them. So who should we believe? De Blasio or our own lying eyes?
He should resign because he is behaving less like a leader and more like a sociopath. “If those protestors had just gotten out of the way we wouldn’t be talking about this situation,” is an actual quote from the mayor of New York City, in his live broadcast on NY1. Got that? The unarmed people on the street run over by armed men in cars should … blame themselves for being run over!
He should resign because he is starting to sound like the far-right Republican president he once wanted to replace (until he had to end his presidential campaign last September because he was polling at less than 1 percent nationally.) This, I kid you not, is another astonishing quote from the mayor: “Any protester that tries to take the humanity away from a police officer and devalue them just because they are a public servant is no better than the racists who devalue people of color and particularly black men in America.”
To quote New York human rights lawyer Kumar Rao, “This is Bill de Blasio’s ‘very fine people on both sides’ moment.” (It is also worth noting here that the “very fine” white nationalist in Charlottesville, Virginia, who killed Heather Heyer did so by driving his car into a crowd of protesters!)
On Sunday morning, de Blasio acknowledged “mistakes” and called for a city review of police behavior. This is far from enough. He should resign because he has a history of failing black New Yorkers on this crucial issue of police brutality. For five long years, de Blasio stubbornly refused to call for the firing of the police officers involved in the death of Eric Garner in 2014. “He also delayed for years a departmental trial that could have led to the officer’s dismissal,” as the New York Times pointed out last July.
Earlier this month, the mayor defended the NYPD’s violent enforcement of social distancing guidelines against communities of color — while ignoring official data showing that black New Yorkers “who make up a quarter of the city’s population, accounted for more than two-thirds” of those arrested for social distancing offenses.
He should resign because he ran for mayor in 2013 on a platform of police reform, and even put out a campaign video slamming “stop and frisk,” which featured him in conversation with his then-15-year-old black son Dante. That ad, titled “Dignity,” is often credited with helping him secure victory in the mayoral election. At the Democratic presidential debate in Miami last June, de Blasio again invoked his son. “For the last 21 years, I have been raising a black son in America,” he said. “I have had to have very, very serious talks with my son, Dante, about how to protect himself on the streets of our city and all over our country, including how to deal with the fact that he has to take special caution because there have been too many tragedies between our young men and our police.”
Yet hundreds of black teenagers, who look just like Dante, will continue to be targeted, brutalized, and killed by New York’s “finest.”
And Dante’s father will continue to shrug his shoulders and say they should just have just gotten out of the way.
Shame on him.