Communication Management Unit
Encyclopedia
Communication Management Unit is a recent designation for a self-contained group within a facility in the United States Federal Bureau of Prisons
that severely restricts, manages and monitors all outside communication (telephone, mail, visitation) of inmates in the unit.
, the April 3, 2006 Federal Register
included proposed rules by the Federal Bureau of Prisons
(FBOP) that "Limited Communication for Terrorist Inmates".
The changes were in response to criticism that the FBOP had not been adequately monitoring the communications of prisoners, permitting several terrorists convicted for the 1993 World Trade Center bombing
to send letters to other terrorists overseas. "By concentrating resources in this fashion, it will greatly enhance the agency's capabilities for language translation, content analysis and intelligence sharing", according to a government statement released with the rules.
The public was given until June 2, 2006 to comment, as required by law. Civil liberty and human rights groups immediately questioned the constitutionality and stated that the provisions were so broad that they could be applied to non-terrorists, witnesses and detainees. The bureau appeared to abandon the program, but on December 11, 2006, a Communication Management Unit (CMU) was quietly implemented at Indiana's Federal Correctional Complex, Terre Haute
. "From April to June 2010, the Federal Bureau of Prisons (BOP) opened up a period for public comment around the establishment of two Communications Management Units” with several civil rights groups and advocates “coming together to urge the federal Bureau of Prisons to close the experimental prison units.” It is unclear who authorized the program; it was either the Justice Department Office of Legal Counsel, FBOP Director Harley Lappin or Alberto Gonzales
, United States Attorney General
. However, it appears to be in violation of the Administrative Procedure Act
.
Mail
Non-CMU prisoners can usually send and receive unlimited mail, where incoming mail is checked for contraband, then delivered to the inmate. With the exception of correspondence with lawyers & the courts, letters sent to and from the CMU are read, copied and evaluated before being released, which results in delays of a week or more.
It was physically situated in the former death row section, and all but two of the inmates are Arab Muslims
, leading the American Civil Liberties Union
(ACLU) to raise a concern about racial profiling
. The ACLU also charged that the communication restrictions are unduly harsh for prisoners who are not sufficiently serious security threats to warrant placement in ADX Florence
, the Supermax
facility in Colorado.
Current inmates include the Lackawanna Six, Randall "Ismail" Royer, Rafil A. Dhafir
, Enaam Arnaout
, and "American Taliban" John Walker Lindh
.
facility is gone, the United States Penitentiary, Marion
in 2008 became home to the other known "Communication Management Unit" in the federal prison system. The inmates are predominately Arab Muslims, but it also houses Daniel McGowan, serving seven years for involvement in two arsons at logging operations in Oregon. His sentence was given "terrorism enhancements" as authorized by the USA PATRIOT Act
.
Communication Management Unit also houses a former leading member of a white nationalist revolutionary group the Order
Richard Scutari. Scutari was sentenced to a 60 year prison term in 1985. He was removed to USP Marion CMU in July of 2008.
An ACLU law suit charges that CMUs of the federal prisons violates inmates' rights. In a Democracy Now interview on June 25 2009, animal rights activist Andrew Stepanian, a member of Stop Huntingdon Animal Cruelty
(SHAC), talked about being jailed at the CMU. Stepanian is believed to be the first prisoner released from a CMU.
reported 50 units and 71 inmates at CMUs. It also described open cells, and a basketball court. A lawyer from ACLU has been inside the Terre Haute CMU. NPR also claimed to have identified dozens of inmates at the CMU and compiled a list on its website. The sorts of cases include:
Ed Ross of the Bureau of Prisons said the units were designed for the following offenses:
The Terre Haute CMU restricts Muslim group prayer to once per week (once per day during Ramadan) according to a 2010 lawsuit filed by inmates Enaam Arnaout and John Walker Lindh. The suit alleges that the prison violates religious rights to pray five times per day, in a ritually clean place, "preferably in a group". On March 30, 2010, the Center for Constitutional Rights filed a lawsuit in the U.S. District Court for the District of Columbia on behalf of plaintiffs Yassin Muhiddin Aref, Avon Twitty, Daniel McGowan, Royal Jones, Kifah Jayyousi, Hedaya Jayyousi, and Jenny Synan “challenging policies and conditions at two experimental prison units that are being operated in Terre Haute, Indiana, and Marion, Illinois, as well as the circumstances under which they were established.” As of 2011, a lawyer for the Center for Constitutional Rights estimates the Muslim population of CMUs at roughly 70 percent. They are also barred from praying together.
Federal Bureau of Prisons
The Federal Bureau of Prisons is a federal law enforcement agency subdivision of the United States Department of Justice and is responsible for the administration of the federal prison system. The system also handles prisoners who committed acts considered felonies under the District of Columbia's...
that severely restricts, manages and monitors all outside communication (telephone, mail, visitation) of inmates in the unit.
Origins
As part of the Bush Administration's War on TerrorismWar on Terrorism
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
, the April 3, 2006 Federal Register
Federal Register
The Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...
included proposed rules by the Federal Bureau of Prisons
Federal Bureau of Prisons
The Federal Bureau of Prisons is a federal law enforcement agency subdivision of the United States Department of Justice and is responsible for the administration of the federal prison system. The system also handles prisoners who committed acts considered felonies under the District of Columbia's...
(FBOP) that "Limited Communication for Terrorist Inmates".
The changes were in response to criticism that the FBOP had not been adequately monitoring the communications of prisoners, permitting several terrorists convicted for the 1993 World Trade Center bombing
1993 World Trade Center bombing
The 1993 World Trade Center bombing occurred on February 26, 1993, when a truck bomb was detonated below the North Tower of the World Trade Center in New York City. The 1,336 lb urea nitrate–hydrogen gas enhanced device was intended to knock the North Tower into the South Tower , bringing...
to send letters to other terrorists overseas. "By concentrating resources in this fashion, it will greatly enhance the agency's capabilities for language translation, content analysis and intelligence sharing", according to a government statement released with the rules.
The public was given until June 2, 2006 to comment, as required by law. Civil liberty and human rights groups immediately questioned the constitutionality and stated that the provisions were so broad that they could be applied to non-terrorists, witnesses and detainees. The bureau appeared to abandon the program, but on December 11, 2006, a Communication Management Unit (CMU) was quietly implemented at Indiana's Federal Correctional Complex, Terre Haute
Federal Correctional Complex, Terre Haute
The Federal Correctional Complex, Terre Haute, is a federal prison for adult males located at the intersection of State Road 63 and Springhill Drive, two miles south of Terre Haute, Indiana United States...
. "From April to June 2010, the Federal Bureau of Prisons (BOP) opened up a period for public comment around the establishment of two Communications Management Units” with several civil rights groups and advocates “coming together to urge the federal Bureau of Prisons to close the experimental prison units.” It is unclear who authorized the program; it was either the Justice Department Office of Legal Counsel, FBOP Director Harley Lappin or Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
, United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
. However, it appears to be in violation of the Administrative Procedure Act
Administrative Procedure Act
The Administrative Procedure Act , , is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review...
.
Communication restrictions
Compared to other inmates, those placed in the CMU have little contact with the outside world. At least $14 million is spent on surveillance of the CMUs. A counterterrorism team in West Virginia monitors verbal communication remotely.Visitation
The CMU permits two hours, twice per month, and no contact, meaning the visitor and inmate are in separate rooms with viewing through a glass window and talking via telephone. All conversations must be in English unless special permission is granted 10 days in advance. This is in contrast to ordinary inmates in ordinary units, where the visitation standard includes unlimited contact on their visitation day, once each week or biweekly. In addition to the already imposed restrictions, CMU “prisoners are banned from any physical contact with visiting friends and family, including babies, infants, and minor children.”Telephone
Convicts in the general population are permitted 300 phone minutes per month; rules in the CMU allow one call per week, limited to 15 minutes, and it must be in English unless special permission is granted 10 days in advance. The duration of the single call can be reduced to 3 minutes at the discretion of the warden.CMU 1, Terre Haute, Indiana
On February 25, 2007, the Washington Post reported the creation of a medium security Communication Management Unit housing 213 inmates in Terre Haute. The staff monitors all telephone calls and mail, and requires that all inmate conversations occur in English unless special permission is arranged for conversations in other languages.It was physically situated in the former death row section, and all but two of the inmates are Arab Muslims
Arab Muslims
Arab Muslims are adherents of the religion of Islam who identify linguistically, culturally, or genealogically as Arabs. They greatly outnumber other ethnic groups in the Middle East. Muslims who are not Arabs are called mawali by Arab Muslims....
, leading the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
(ACLU) to raise a concern about racial profiling
Racial profiling
Racial profiling refers to the use of an individual’s race or ethnicity by law enforcement personnel as a key factor in deciding whether to engage in enforcement...
. The ACLU also charged that the communication restrictions are unduly harsh for prisoners who are not sufficiently serious security threats to warrant placement in ADX Florence
ADX Florence
The United States Penitentiary Administrative Maximum Facility is a supermax prison for men that is located in unincorporated Fremont County, Colorado, United States, south of Florence. It is unofficially known as ADX Florence, Florence ADMAX, Supermax, or The Alcatraz of the Rockies...
, the Supermax
Supermax
Supermax is the name used to describe "control-unit" prisons, or units within prisons, which represent the most secure levels of custody in the prison systems of certain countries...
facility in Colorado.
Current inmates include the Lackawanna Six, Randall "Ismail" Royer, Rafil A. Dhafir
Rafil A. Dhafir
Dr. Rafil A. Dhafir is an American Iraqi-born physician, who was sentenced on October 28, 2005, to 22 years in prison for violating the Iraqi sanctions by sending money to Iraq through his charity front Help the Needy, and for fraud, money laundering, tax evasion, and a variety of other nonviolent...
, Enaam Arnaout
Enaam Arnaout
Enaam M. Arnaout is a Syrian-American who pleaded guilty to using charitable donations to support fighters in Bosnia without apprising the donors of this, during his tenure as a director of the charity Benevolence International Foundation . -Life:Arnaout was raised in Hamat, Syria...
, and "American Taliban" John Walker Lindh
John Walker Lindh
John Phillip Walker Lindh is a United States citizen who was captured as an enemy combatant during the United States' 2001 invasion of Afghanistan. He is now serving a 20-year prison sentence in connection with his participation in Afghanistan's Taliban army...
.
CMU 2, Marion, Illinois
Although the SupermaxSupermax
Supermax is the name used to describe "control-unit" prisons, or units within prisons, which represent the most secure levels of custody in the prison systems of certain countries...
facility is gone, the United States Penitentiary, Marion
United States Penitentiary, Marion
The United States Penitentiary is a Federal Bureau of Prisons facility located in Southern Precinct, unincorporated Williamson County, Illinois. The facility is located south of Marion, from St. Louis, and from Chicago. It was built in 1963 to replace the Alcatraz prison in San Francisco, which...
in 2008 became home to the other known "Communication Management Unit" in the federal prison system. The inmates are predominately Arab Muslims, but it also houses Daniel McGowan, serving seven years for involvement in two arsons at logging operations in Oregon. His sentence was given "terrorism enhancements" as authorized by the USA PATRIOT Act
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
.
Communication Management Unit also houses a former leading member of a white nationalist revolutionary group the Order
The Order (group)
The Order, also known as the Brüder Schweigen or Silent Brotherhood, was an organization active in the United States between 1983 and 1984...
Richard Scutari. Scutari was sentenced to a 60 year prison term in 1985. He was removed to USP Marion CMU in July of 2008.
An ACLU law suit charges that CMUs of the federal prisons violates inmates' rights. In a Democracy Now interview on June 25 2009, animal rights activist Andrew Stepanian, a member of Stop Huntingdon Animal Cruelty
Stop Huntingdon Animal Cruelty
Stop Huntingdon Animal Cruelty is an international animal rights campaign to close down Huntingdon Life Sciences , Europe's largest contract animal-testing laboratory. HLS tests medical and non-medical substances on around 75,000 animals every year, from rats to primates...
(SHAC), talked about being jailed at the CMU. Stepanian is believed to be the first prisoner released from a CMU.
Traits of CMU and its prisoners
A 2011 story by NPRNPR
NPR, formerly National Public Radio, is a privately and publicly funded non-profit membership media organization that serves as a national syndicator to a network of 900 public radio stations in the United States. NPR was created in 1970, following congressional passage of the Public Broadcasting...
reported 50 units and 71 inmates at CMUs. It also described open cells, and a basketball court. A lawyer from ACLU has been inside the Terre Haute CMU. NPR also claimed to have identified dozens of inmates at the CMU and compiled a list on its website. The sorts of cases include:
- Cases involving material support of terrorist groups like HamasHamasHamas is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip. Hamas also has a military wing, the Izz ad-Din al-Qassam Brigades...
or Hezbollah (and various charity frauds) - Plots: LA Bomb plot2005 Los Angeles bomb plotThe 2005 Los Angeles bomb plot was a 2005 effort by a group of ex-convicts calling themselves Jamiyyat Ul-Islam Is-Saheed to bomb several military bases, a number of synagogues, and an Israeli consulate in California....
, Buffalo SixBuffalo SixThe Buffalo Six is a group of six Yemeni-American childhood friends who were convicted of providing material support to al-Qaeda, based on the fact they had attended an Al Qaeda training camp in Afghanistan together in the Spring of 2001.They are:*Mukhtar Al-Bakri,*Sahim Alwan,*Faysal...
, Portland Seven, Liberty City SevenLiberty City SevenThe Liberty City Seven were seven members of a small Miami, Florida-based religious group who called themselves the Seas of David or Seeds of David. Described as a "bizarre cult," the seven were arrested and charged with terrorism-related offenses in 2006 after a Federal Bureau of Investigation...
, '04 NYC subway plotShahawar Matin SirajShahawar Matin Siraj is a Pakistani American who planned to bomb the Herald Square of Manhattan, New York, when police arrested him in 2004. A New York court found Siraj guilty of plotting to commit a terrorist act in U.S. v. Shahawar Matin Siraj . Siraj worked at an Islamic bookstore in Bay...
, Toledo PlotToledo terror plotIn February 2006, three men in Toledo, Ohio were arrested and charged with conspiracy to provide material support to terrorists in Iraq and engage in violent jihad in their home town, as well as making verbal threats against the President of the United States...
, Paintball JihadVirginia Jihad NetworkThe Virginia jihad network was a network of jihadists centered in Northern Virginia.Ali al-Timimi was convicted in 2005 of exhorting his followers to join the Taliban and fight US troops. The young men played paintball in 2000 and 2001 as a means of training for holy war around the globe...
, etc. - Crime attempts from within jail, including threatening judges
- Various murder, bank robbery, and drug cases.
Ed Ross of the Bureau of Prisons said the units were designed for the following offenses:
- people convicted of terrorism,
- prisoners who have dealt drugs
- prisoners who tried to recruit or radicalize others
- prisoners who have abused their communications privileges by harassing victims, judges and prosecutors
The Terre Haute CMU restricts Muslim group prayer to once per week (once per day during Ramadan) according to a 2010 lawsuit filed by inmates Enaam Arnaout and John Walker Lindh. The suit alleges that the prison violates religious rights to pray five times per day, in a ritually clean place, "preferably in a group". On March 30, 2010, the Center for Constitutional Rights filed a lawsuit in the U.S. District Court for the District of Columbia on behalf of plaintiffs Yassin Muhiddin Aref, Avon Twitty, Daniel McGowan, Royal Jones, Kifah Jayyousi, Hedaya Jayyousi, and Jenny Synan “challenging policies and conditions at two experimental prison units that are being operated in Terre Haute, Indiana, and Marion, Illinois, as well as the circumstances under which they were established.” As of 2011, a lawyer for the Center for Constitutional Rights estimates the Muslim population of CMUs at roughly 70 percent. They are also barred from praying together.