Anti-Capitalist Convergence - Washington, DC

The People's Strike - Sept 2002 - Legal Solidarity

from the DC Justice & Solidarity Collective

note: this is not legal advice

Contents

Introduction to Solidarity
Tools for Solidarity: Consensus, Facilitation, Tactics &Demands
Solidarity for Those Arrested: In Jail, In Court
Solidarity when Others are Arrested: Outside Jail, In Court
Solidarity Decisions: Pre-Action Planning

Introduction to Solidarity

Solidarity is the power to act collectively to protect each other and make change in society. Some-times it is all we have. Every group and movement for social change has used different forms of solidarity. Labor strikes are an often -used example of solidarity, as are sit-ins and consumer boycotts. The free speech campaigns of the International Workers of the World are a fantastic example of solidarity. As Wobblies were arrested in each town for speaking out against the system of exploitation of labor, their comrades from around the region would flood the town and also speakout, thus flooding the jails to the point where all were released. U.S. dock workers went on strike with their sisters and brothers in the Congress of South African Trade Unionists (COSATU) to put pressure on the racist system of apartheid. Under Nazi Germany the population of Denmark showed phenomenal solidarity with Jews by wearing the yellow star that identified Jews for persecution, and as a result no Jews were sent from Denmark to the concentration camps.

During mass demonstrations solidarity has been used as a way to watch out for each other, especially those of us that fall into high-risk groups. It can also be a great way to make contact with the general prison population. Remember that if you are arrested, or detained with others, solidarity has been known to start immediately - on the street, or evening a bus. You can look around and talk to others in your situation. Solidarity can take place anywhere or at anytime with as few as two people.

Solidarity Tools

Consensus

Consensus can be a vital part of solidarity, particularly in cases where the decisions of the group could put individuals at risk of physical violence, arrest, or long-term detention. Consensus is a process for group decision-making. It is a method by which an entire group of people can come to an agreement. The input and ideas of all are shared so that a decision can be made that is acceptable to all. Through consensus you are striving to reach solutions and at the same time develop yourselves and the group. Ideally, discussions continue until a resolution that works for all is decided. Voting before a discussion is completed is not only undemocratic, but is also potentially dangerous. A decision reached without the full agreement of the group (for example, that a certain non-compliance tactic is going to be used in jail until a demand is met) can force some members of the group into situations where they may face physical danger, deportation, or dangers that other group members might not face. This can hurt not only those endangered individuals, but also the movement.

The primary purposes of the consensus process are to assure that all participants enjoy the opportunity to speak and to be heard before a group decision is made. Coercion and trade-offs are replaced with creative alternatives, and, ideally, compromise is replaced with constructive synthesis. The process also helps to provide greater equality among races, economic classes, genders, and sexual orientations in group decision-making. The way we relate to each other today is a part of the society we are trying to create for the future.

Facilitation

One role which helps make consensus decision making run smoothly is a skillful facilitator. The facilitator(s) aids the group in defining decisions that need to be made, helps the group through the stages of reaching an agreement, keeps the meeting moving, focuses discussion on the point at hand, makes sure that everyone has the opportunity to participate, and formulates and articulates proposals to see if consensus has been reached. Facilitators help to direct the process of the meeting, not its content. They do not make decisions for the group. If a facilitator feels she/he cannot be neutral, then it is important that he/she not facilitate.

*In situations where group decision making is being watched, such as on a police bus or in jail it is important that you rotate your facilitator so that no one is targeted as a leader.

Tactics and Demands

A tactic is something you do (for example, chanting incessantly). A demand is something you want (such as some water). You use tactics to get demands met (such as chanting incessantly to get water).

Matching tactics to demands and escalation of tactics may be keys to successfully accomplishing your collective goals. Using consensus and respecting every voice has been proven a good way to come up with a set of demands and corresponding tactics. Make sure the person (cop, guard, judge, prosecutor, etc.) to whom one is talking can meet the demands (or can quickly convey them to someone with such capability) and is affected by the tactics. Remember, also, that tactics could result in a delay of your release or may provoke a violent response from the police. Discussions of the possible ramifications of potential tactics area key part of decision-making.

Tactics that have been used successfully include: stopping, or escalating the tactics. If singing isn't working, you could try singing off key. You could also try screaming; then screaming and pounding on the door; etc. The important thing is to make sure the tactic is still on the same level as the demand. Don't escalate so much that you completely exhaust yourselves (or your options) for a relatively minor demand.

Another key to successful legal solidarity is communicating tactics and demands. If a cell full of people starts screaming for apparently no reason, the guards wont understand why and wont know what to do to make them stop. The people in the cell need to get the guards attention and then have one or two elected spokespersons clearly communicate your demands and tactics. It is a good idea to rotate spokespersons, so that the police and jail guards cannot target a few as ringleaders.

When you make an agreement with the cops or guards, not following through with your end of the deal means that they will likely not trust you the next time. For example, suppose that 50 people in a holding cell tell the guard that they demand some water and if they don't get it, they'll all go limp through booking. Then the guard gets them some water, but when time comes for booking, everyone still goes limp. Three hours later, the group demands to see a lawyer and claims they're going to sing and chant until their lawyers arrive. The guard has every reason to believe that they will not stop singing and chanting even if their demand for lawyers is satisfied.

One tactic often associated with legal solidarity is withholding your names. This can force the system to keep you locked up. With all of you in jail and nameless you stay together, clog the jails, keep known organizers from being targeted, make the paperwork very challenging and makes you appear to the jails, prosecutor and media that you are one unified group.

Note: Withholding names has become increasingly less effective as a tactic (as those in power catch on). We cannot judge how it would work in the upcoming actions. The tactics effectiveness likely depends in large part on the number of people arrested, the amount of space available in local jails or ad hoc detention facilities, and the ability of the courts to process the arrestees. Make sure that you touch base with local lawyers who can inform you of the population at the local jails, and any moves by the Courts to open up extra facilities in preparation for the expected arrests. Be aware that as far as we know, there is no cap on the number of people that can be held in D.C. jails.

NOTE: Groups should make sure to talk in advance about which demands and which types of tactics they want to use. Its not necessary for everyone in the group to participate in a given tactic in order for it to work. However, you need enough people participating in a given tactic to overwhelm the authorities, forcing them to agree to demands. Creativity and flexibility are the keys to successful tactics.

Solidarity for Those Arrested

Solidarity in Jail

Jails have been used throughout history to protect those with power from those without. Jails are used to demoralize and dehumanize. Jails are not romantic places to go to get activist credentials. But once in jail you can protect each other, especially those most vulnerable to abuses by the legal and/or immigration systems, by police or jail guards, or by other prisoners. You, other fellow arrestees, or people in the jails general population (who may not be getting out any time soon) may also have demands that need to be met.

Non-cooperation tactics have been used throughout history to win demands.

A few of the countless examples of jail solidarity are:

Members of the Suffragette movement in the U.S. refused to comply with the states orders while in jail, including refusing to eat, until all of the women were released together. They won!

In Washington, D.C. in April 2000, 150 protesters negotiated a plea bargain in which everyones misdemeanor charges were reduced to $5 jaywalking ticket. Another win!

In Philadelphia in August of 2000, many of the women arrested at the Republican National Convention protests were held with the general population. Protesters took on the demands of those being held in general population and those in general population used various tactics for their demands, some of which they learned from the protesters. It can be a good idea to start building solidarity with people in the general population right away. The police have tried to scare activists by threatening to place them with the general population, but have also been surprised when activists are able to successfully communicate with, listen to, and offer solidarity to the other inmates.

Remember that solidarity tactics can be used at any time - on the bus, standing in line while you're being processed, in a cell, on the way to court, or in court. You can talk to other members of your group (probably the people you were arrested with) and use consensus and facilitation to decide what the needs of the group or the general population are, and what tactics you are comfortable employing to make sure they are met.

Some demands

• Give an injured or ill person immediate medical attention
• Bring some water-turn off the heat; turn on the air conditioning, etc.
• Return a person who has been separated
• Allow group visits with our legal team
• Give everyone the same charges and sentence. This keeps some people (leaders, people of color, etc.) from being singled out for harsher treatment than that meted out to other arrestees.)

Some Jail Solidarity Non-Cooperation Tactics (to win demands)

• Not bringing ID and refusing to give names.
• Refusing to speak or answer other questions, or speaking with an accent. This can also protect those who might be singled out for their accent or language.
• Refusing to promise to appear in court. This forces them to keep people locked up, clogging the jail system
• Chanting, singing or dancing incessantly.
• Refusing to follow orders.
• Going limp.
• Losing tags or bracelets with charges.
• Changing clothes regularly.
• Confusing guards and protecting those targeted by clothing.
• Stripping.
• Fasting (liquid, not dry).

Note: Remember that people participate in different ways- they may have responsibilities outside of jail or may have special needs. Some people may have children, may be at risk of losing their jobs or of being deported or detained indefinitely under immigration laws, or may be in a high-risk group, such as transgender or disabled persons. This does not make them less radical. Solidarity is also practiced by speaking to the media, relaying messages from people in jail, fundraising, etc. (See Solidarity when others are arrested). Understanding, respect, and support of each individuals situation is also a terrific form of solidarity.

Generally speaking, jail solidarity is engaged in when in the custody of police or jail guards. Actions in jail solidarity directly affect the police, jail guards, and jail administration, but only affect the prosecutor indirectly.

Solidarity in Court

Don't forget that you can always engage in court solidarity. The tactics above can also be used with court solidarity. Your actions in court solidarity directly affect the prosecutor and the courts. There are benefits to both types of legal solidarity.

Some Court Solidarity Non-Cooperation Tactics

• Insisting that the court appoint a free attorney to represent each qualified defendant. This creates a vast amount of paper work for the court and prosecution, as well as a huge expense.
• Pleading not guilty. This forces them to hold many trials, clogging the court system.
• Fighting the case vigorously before trial by submitting a lot of motions and requiring lots of hearings in court. This puts strain on the court bureaucracy.
• Physical non-cooperation, e.g. going limp or sitting down when they order you to move (could result in charges of resisting an officer or contempt of the court).
• Plea Bargaining.

In the United States, only about 15% of all criminal cases actually go to trial. Most of the time there is a negotiated settlement between the defendant and the prosecutor called a plea bargain. Typically, in a plea bargain, the defendant agrees to plead guilty to a lesser charge, or, agrees to plead to the same charge but the government agrees to recommend a lesser sentence to the judge. The defendant gives up his or her right to a trial by agreeing to plead guilty. When a lot of activists are arrested together and have strong solidarity, they are in a powerful bargaining position. First discuss whether you all want to negotiate a plea rather than go to trial. If you do want to negotiate, then the whole group should agree on the range of charges and sentences the group members are willing to accept. Remember (yes, were repeating ourselves), not everyone can always participate in the group strategy because of special circumstances. There are other ways they can practice solidarity.

It is important to try to come to consensus on the bargaining position and flexibility of the group. For example, you might decide that everyone is willing to do 10, 20, or even 50 hours of community service, but that no one will pay a single dollar to the system in fines. Keep in mind, however, that the demands must be ones that are possible. For example, in D.C. there exists a set of fees (called Victims of Violent Crime Compensation Fund Assessments) which cannot be waived even by a judge. There may be minimum penalties.

Usually, a key goal of any solidarity plea bargain in a mass action is that everyone gets the same deal. This can be hard for prosecutors, and even for your own attorneys, to understand. One possible strategy would be for activists themselves to talk face to face with the prosecutor in a big group with their lawyers present, rather than having the lawyers negotiate for them out of sight. It is NOT advisable to speak to prosecutors outside the presence of your attorney. The idea is that if a prosecutor looks at a determined group of activists, the bargaining process may speed up.

It is important to note that recently, governments have been increasingly insistent that people give their names as a condition of release. For example, in Washington D.C. in April, 2000, activists had to give a name upon release; in LA in August, 2000, everyone had to provide a valid photo ID to be released.

A very difficult question that comes up often in legal solidarity is what to do when people are being singled out for felony charges. This can be a divisive tactic used by the police and prosecutors to weaken group solidarity. Police officers lie regularly, and activists should not believe that something occurred simply because police said so. What is sure is that this will be a sticking point for the prosecutor in negotiations. As much as possible, activists should try to consult and attorney and have a clear plan for how to respond to this government tactic before charges are finalized.

Solidarity When Others Are Arrested

Legal solidarity is not only carried out by the people in jail or facing trial, but also by supporters (a bit like strike support). Support is a critical part of legal solidarity. Helping with support is a good way for people who had to leave jail (or take a separate plea bargain) to maintain their connection with the rest of the group, or for those who were never arrested. The best part about solidarity is that you don't have to wait for your friends to get arrested. You can support people that area part of the general prison population every day and they will appreciate your work. You can get in touch with groups like Critical Resistance, the Anarchist Black Cross, for more info.

Some jail and court support ideas that have been used in the past:

• Visit them during jail visiting hours (if they're still in jail after their arraignment).
• Organize a jail vigil. This can gets positive media attention as well as being a huge morale booster for the folks inside.
• Arrange to have food, water, friendly faces, rides, and places to spend the night for them when they get out.
• Write press releases, write letters to the editor, call talk shows, and hold press conferences. This helps to inform the media of the activists situation and to counteract the distortions and outright lies that may be disseminated by police and other government agencies. You can also use this as an opportunity to tie the issues of the demonstration to the situation of the activists in jail. This will help bring attention to why the activists (and often members of the general population) are in jail in the first place.
• Keep the pressure on the authorities and update the public on the conditions inside.
• If they are fasting inside, stage a solidarity fast outside, in the public eye.
• Organize rallies both locally and nationwide.
• Organize a phone call campaign to call the jail, mayor, prosecutor, and media in support of the incarcerated activists.
• Help them get things like ID, bail money, and medicine.
• Raise money for legal defense or civil cases that may be brought later on.

Court Support for Those on the Outside

• Generate street heat by holding marches and rallies at the court-house on the day of the trial or the first hearing.
• Write press releases, letters to the editor, call talk shows and hold press conferences.
• Organize a phone call campaign to call the jail, mayor, prosecutor, attorney general, judges, and media, etc. in support of the activists facing trial.
• Find out when the hearings and trial are and attend them- they are open to the public. Organize lots of people from the community and media to attend the hearings.
• Take notes on what happens at trial and give them to the legal team/lawyer. Pay attention to: name of judge and attorneys, case numbers (docket numbers), and any decisions that get made. It is especially important to write what the testifying police officers say happened, because they may lie (shocker!) and it can be used against them or for the defendant later.
• Volunteer with the legal team (or with local lawyers if there is no legal team) gathering evidence, making courtroom displays, observing the jury's reactions to courtroom events, and so forth.
• Raise money for legal defense.

Solidarity Decisions: Pre-Action Planning

Unfortunately, there is no formula to tell which solidarity tactics will achieve which demands in a jail or court situation. However, planning to act in solidarity has been proven to be the best way to try to take care of each other. You can begin with a discussion (secure from government surveillance, of course) of who will be involved in the action and whether if they are particularly vulnerable to any of the risks addressed above (such as potential immigration problems, dangers specific to transsexuals, and so forth)

The following questions have been used to help frame the discussion of which tactics may prove most effective:

1. Are enough activists involved to overwhelm the systems re-sources?

This obviously depends on where you are. In a big city, it could take thousands of people to clog the jails, whereas a small town may not have the resources to deal with 20 of you. In Washington D.C. in April 2000, 150 activists put the already-full jail over its legal limits. But, note that the legal limits have been changed, so that it is more difficult to over-whelm the D.C. jail. This put real pressure on the authorities to bargain and to do it fast. Even smaller numbers may achieve successful court solidarity.

Note: As mentioned above, the D.C. authorities may be better prepared in the future. You can always have several solidarity tactics, in case one should fall through (for example, the authorities might create some space other than the existing jails in which to hold activists so that the existing jails are not clogged). There is currently no limit to how many people may be held in D.C. jails.

2. Is there a group committed to following through?

For example, not everyone has to be able to stay in jail indefinitely, but if you get arrested on Friday and 90% of you need to be out of jail on Monday, jail solidarity may be a bad idea. Note that court solidarity takes a very different kind of commitment than jail solidarity. For activists from out of town, the expense of traveling back to D.C. for several court appearances may impose a significant deterrent to practicing certain court solidarity tactics.

3. Do the people intending to risk arrest have enough points of unity to make difficult decisions as a unified group?

Appearing to the prosecutor to be unified and absolutely committed makes a huge difference when plea-bargaining. There is more strength in unity than in any particular tactic.

These pages are not enough! Allow for plenty of time to spend with your affinity group before an action. Get to know each other even better than you already do, talk out each possible scenario, and come up with your own creative responses to potential encounters with police and/or the legal system. Speaking out for change can be scary and intimidating. Talking out your fears and figuring out ways to support each other can be essential and may provide you and your group with an added sense of security and an increased ability to face what may come. For more information on solidarity, check out the additional sources listed on the DC Justice & Solidarity Collective website.