Black Agenda Report
Black Agenda Report
News, commentary and analysis from the black left.

  • Home
  • Africa
  • African America
  • Education
  • Environment
  • International
  • Media and Culture
  • Political Economy
  • Radio
  • US Politics
  • War and Empire

Obama & Holder Win Court Case, Keep Thousands in Prison Under Unfair 80s Crack Sentencing Laws
05 Dec 2013
🖨️ Print Article

A Black Agenda Radio commentary by BAR managing editor Bruce A. Dixon

Who's opposed to mass incarceration and the prison state, and who is faking the funk? Our president and attorney general, who talk on one side of the issue and act on the other side? Our traditional civil rights outfits like the NAACP-LDF who won't speak against the nation's chief jailers as long as they have black faces?

Obama & Holder Win Court Case, Keep Thousands in Prison Under Unfair 80s Crack Sentencing Laws

A Black Agenda Radio commentary by BAR managing editor Bruce A. Dixon

 "...it was the Obama-Holder Justice Department which first refused to retroactively reduce the unfair crack cocaine sentences under the law the president signed and the attorney general praised..."

Are establishment black “civil rights organizations” like the NAACP, the National Action Network and the NAACP Legal Defense Fund really opposed to mass incarceration and the prison state?

I got an email yesterday from the NAACP LDF, the outfit founded by none other than Thurgood Marshall, who litigated Brown V Board of Education back in the 1950s. The email said that the federal 6th Circuit Court of Appeals had just ruled that the so-called Fair Sentencing Act of 2010 reducing the racist laws fixing the penalties for crack cocaine at 100 times those for powder cocaine to a somewhat less unfair ratio of 18 to 1 would not be applied retroactively to the thousands of people still serving obscenely long prison sentences from the quarter century those laws were enforced.

The press release went on to say that they are heartened that 7 judges did favor the release of the prisoners suffering these unfair sentences, and that “...Their powerful dissents encourage us to remain steadfast in our effort to win the release of those held under draconian and discriminatory sentences.”

The NAACP LDF which represented the families of prisoners serving these unjust sentences knows very well that this is a political issue and a political struggle.

So why did the NAACP LDF fail to mention that their legal opponents in this case were President Barack Obama's and Attorney General Eric Holder's Justice Department, which opposed in court the application of the very law which the president signed and the attorney general lauded.

Let me say that again... First, it was the Obama-Holder Justice Department which first refused to retroactively reduce the unfair crack cocaine sentences under the law the president signed and the attorney general praised Secondly, it was the Obama-Holder Justice Department which went to court to keep those people in prison. They lost when the trial judge ruled they should be released. And third, the same Justice Department run by the same first black attorney general under the first black president appealed the order to reduce those sentences, instead seeking and obtaining yesterday's ruling by the 6th circuit court of appeals.

"their first priority is boosting the political fortunes and careers of their peers in the black political elite"

But you wouldn't know any of this from the NAACP-LDF's press release. Or NAN's or any of the rest of the corporate-funded black “civil rights' establishment. You could have read it in Black Agenda Report

On mass incarceration in general and the reduction of these unfair, unjust sentences, our first black president and attorney general are howling hypocrites, saying one thing and doing another. Their hypocrisy is enabled by traditional black civil rights organizations like the NAACP-LDF, who refuse to make a political issue out of Obama's and Holder's hypocrisy. The “civil rights” establishment is in a bind. They claim to oppose mass incarceration and the prison state, although they've only just learned the phrase “mass incarceration” and cannot fix their lips to say “prison state.”

But since their first priority is boosting the political fortunes and careers of their peers in the black political elite, who we affectionately call our black misleadership class, they are unable to call the devil in charge of mass incarceration by his name, if that devil has a black face.

For Black Agenda Report, I'm Bruce Dixon. Find us on the web at www.blackagendareport.com.

Bruce A. Dixon is managing editor at Black Agenda Report, and a member of the state committee of the GA Green Party. He lives and works in Marietta GA and can be reached via this site's contact page, or at bruce.dixon(at)blackagendareport.com.



Your browser does not support the audio element.

listen
http://traffic.libsyn.com/blackagendareport/20131204_bd_mass_incarceration.mp3

More Stories


  • Margaret Kimberley, BAR Executive Editor and Senior Columnist
    Zohran Mamdani and a Small Victory for the People
    05 Nov 2025
    New Yorkers experienced some democracy with Zohran Mamdani's victory in the mayor's race and are inspiring voters across the country to believe that change is possible. But the outcome is a challenge…
  • Editors, The Black Agenda Review
    INTERVIEW: Blacks in Brazil: An Interview with Lélia Gonzalez, 1980
    05 Nov 2025
    “Black Brazilians have been suffering … since the establishment of slavery more than 400 years ago.”
  • Mosaab Baba
    Sudan: Africa's Regional Neo-Colonial War
    05 Nov 2025
    The conflict in Sudan is a neo-colonial takeover, with United States ally the UAE using a proxy force to exploit that nation for its resources and strategic position.
  • Ann Garrison, BAR Contributing Editor
    Use and Abuse of the Genocide Convention
    05 Nov 2025
    Genocide crime, as defined by the UN Convention on Genocide, is sadly common. When does the world decide to respond? 
  • Tunde Osazua
    Nigeria in the Crosshairs: Separating Fact from Fiction in the Looming Crisis
    05 Nov 2025
    The threat of U.S. military action in Nigeria has little to do with protecting Christians and everything to do with domestic U.S. politics and international political games. The "genocide" claim…
  • Load More
Subscribe
connect with us
about us
contact us