After being forced to acquit Omali Yeshitela, Jesse Nevel, and Penny Hess – the “Uhuru 3” – on being agents of Russia, a U.S. federal court jury resorted to the sham conviction of “conspiracy,” in what amounted to them being guilty of internationalism and the work of liberating African people. The state’s claim is that the defendants are guilty of “planning to sow discord and inflame American political tensions at the behest of Russia,” a charge carrying a maximum sentence of five years in prison.
Although the conspiracy charge is being regarded as the less serious of the two changes, it presents a threat to all anti-imperialists and internationalists working in the bowels of the capitalist, U.S. settler state. “Conspiracy” is a U.S. legal fiction that can mean almost anything. From the definition, it is clear that determining what counts as conspiracy is often left up to the creativity of prosecution. In other words, “conspiracy” should be understood as the state deploying anything vague and circumstantial to use against our movement when it cannot get a conviction on anything else.
The Black Alliance for Peace sounds the alarm about the danger this particular ruling represents – the severe undermining of the human right to free speech and the free flow of information. It is the creation of Orwellian, totalitarian legal precedence in support of “thoughtcrimes,” the offense of thinking in ways not approved by the U.S. settler state.
The trial of the “Uhuru 3,” members and supporters of the African People’s Socialist Party, is “proving to be one of the most important First Amendment cases thus far in the 21st century,” according to the group’s attorney Jenipher Jones. The case also exposes the fact that the U.S. has no regard for human rights. It violates Articles 19 and 20 of the Universal Declaration of Human Rights (UDHR), which protects the right to freedom of expression and opinion and freedom of association, as does Article 19 of International Covenant on Civil and Political Rights.
It is also significant that a small Pan-Africanist group is the first to face legal charges and other overt repression for speaking out against the racist and imperialist policies of the U.S. regime.
After the verdict Omali Yeshitela said:
The most important thing is that they were unable to convict us for working for anybody except Black people, that’s the most important thing. They could not convict us for working for anybody except black people. They had to say we were not working for the Russians and I am willing to be charged and found guilty of working for black people.
But BAP suspects that this is a test case for what is to come from the racist U.S. settler state. All activists and anti-imperialists should be concerned about what has happened to the “Uhuru 3.”
As we declared in our September 10th statement:
BAP and our movement will not be intimated. We recognize that the complete abandonment of constitutional and human rights by the U.S. and other Western states represents an irreversible crisis of legitimacy. We will continue to stand in support of the right to resist as a core human right.
No Compromise!
No Retreat!
BAP Coordinating Committee