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Join The UnCola tonight at 8 PM EST on Asheville FM as we pay tribute to Brit Funk, a musical style that originated in Britain in the late 1970s and mixed elements of jazz, funk, soul, disco, and pop.
This week we’re featuring three segments. First up, you’ll a conversation I had with Asphalt, a supporter of a recent federal grand jury resister in Charleston, South Carolina.
After that Cyprus Hartford, the grand jury resister, speaks for herself and reads her statement of resistance.
Finally, you can find an interview that Ian did with Marisa Holmes and Molly of the Metropolitan Anarchist Coordinating Committee about their recent anarchist film festival.
To hear a slightly longer edition, including Sean Swain’s commentary on the presidential debate, check out our podcast at our website.
By way of introduction to this first segment, I’d like to remind people that none of the people speaking about grand juries here are lawyers, but we are sharing information we’ve gotten from lawyers and legal experts to the best of our abilities. I’m going to read a bit from the website NCResistsTheGrandJury.Wordpress.Com:
What is a Grand Jury?
In the federal legal system, the grand jury is used to decide whether someone should be charged (“indicted”) for a serious crime. The grand jury hears evidence presented by the prosecutor: the U.S. Attorney. The grand jury uses subpoenas to gather this evidence. It can subpoena documents, physical evidence, and witnesses to testify. The “special” federal grand jury, created in 1970, can be used to investigate “possible” organized criminal activity rather than a specific crime. The California legal system also has grand juries, but it is optional whether criminal prosecutions are initiated by grand jury indictment, or by a complaint by the District Attorney and preliminary hearing before a judge.
How is a Grand Jury Different Than a Trial Jury?
Unlike the “petit” jury, which is used to determine guilt in a trial, a grand jury consists of 16 to 23 jurors who are not screened for bias. The purpose of the grand jury is not to determine guilt or innocence, but to decide whether there is probable cause to prosecute someone for a felony crime. The grand jury operates in secrecy and the normal rules of evidence do not apply. The prosecutor runs the proceedings and no judge is present. Defense lawyers are not allowed to be present in the grand jury room and cannot present evidence, but may be available outside the room to consult with witnesses. The prosecutor and the grand jury members may not reveal what occurred in the grand jury room and witnesses cannot obtain a transcript of their testimony.
How Has the Grand Jury Been Used by the State?
Because of their broad subpoena powers and secretive nature, grand juries have been used by the government to gather information on political movements and to disrupt those movements by causing fear and mistrust. The grand jury lends itself to being used for improper political investigation due in part to the prosecutor’s ability to question witnesses without regard for rules that prohibit irrelevant, unreliable or unlawfully obtained evidence. Those called before the grand jury may be compelled to answer any question, even those relating to lawful personal and political activities. That information has been used by the government as a basis to conduct further surveillance and disruption of political dissent. When used against political movements, the grand jury causes fear and mistrust because persons who refuse to answer questions about their First Amendment political activities, friends and associates may be jailed for the life of the grand jury: up to 18 months. If a witness asserts their Fifth Amendment right to remain silent, they may be forced to accept immunity or go to jail for contempt. Even a witness who attempts to cooperate can be jailed if minor inconsistencies are found in their testimony. Such a perjury charge may stand even when the grand jury fails to hand down any indictment for what it was ostensibly investigating.
The grand jury is a complicated and opaque process, by design. Our movements have decades of experience resisting grand juries, and there are resources available to learn more and support those who resist.
If you have been contacted by federal law enforcement, the National Lawyers Guild has a national federal defense hotline at 212-679-2811.
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Asheville band “Reggie Headen and Nightime Noon” played The Getaway River Bar during a special Juneteenth Celebration Show – while we simulcast it live on the AshevilleFM Live Music Sessions (ALMS) – Link is below (hover label) or you can go to the LIVE RECORDINGS tab off the main menu to hear all the great ALMS recordings..
AshevilleFM Live Music Sessions..
Third Wednesday every month at 10pm 
AshevilleFM 103.3 and The Getaway River Bar have teamed up to provide you this live performance…. Support also comes from Arts AVL, Buncombe County, and North Carolina Arts Council
AshevilleFM Live Music Sessions – Reggie Headen and Nightime Noon
The Getaway River Bar – The Getaway is a laid-back bar with extra chill vibes by the river. With an expanse of outdoor seating and recreations set on the edge of the French Broad River, it welcomes everyone 21+ to loosen up and enjoy a getaway hidden in-between the city center and growing West Asheville. 790 Riverside Drive – Asheville, NC 28801 – (828) 545-6985 https://www.getawayontheriver.com/
This week, we’re sharing a conversation I had with Matthew Lyons and Xtn Alexander, editors and contributors to the book Three Way Fight: Revolutionary Politics and Antifascism, out this year from Kersplebedeb Books and PM Press. We talked about the development of the political tendency which troubles the read of both liberal capitalism and the autonomous far right from a revolutionary left libertarian perspective, some of it’s progenitors and a bit about the state of the far right today. You’ll find links in the show notes and you can find a longer version of this chat on our website.
Join The UnCola tonight at 8PM on AshevilleFM.org for our final two-hour 2024 show during African American Music Appreciation Month. We’ll be playing deep cuts exclusively from Black artists of all genres.
An interview with Courtney of the Incarcerated Workers Organizing Committee & Millions For Prisoners New Mexico and Roc, communications bridge for Jailhouse Lawyers Speak and residential manager at the JLS housing center to speak about the JLS call for Shut ‘Em Down strikes inside and outside of prisons in December of 2024. We talk about abolitionism, the organizing that JLS is doing including that transitional housing project and other topics. You can find a past interview with Courtney here.
Then, you’ll hear Monsour Owolabi, incarcerated New African political prisoner in the Ferguson Unit of the Texas Department of Criminal Justice system sharing some perspectives on inside-outside collaboration, the role of isolation in prisons as counter-insurgency and the importance of transitional housing projects. Monsour has been involved in Prison Lives Matter, the website https://www.texasletters.org/ has published his writings, and supporters have an instagram @FreeMonsourOwolabi
By putting these segments together, we are not proposing any organizational overlap between Mr Owolabi and JLS. A slightly longer episode, including Sean Swain’s segment, can be found at our website.
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