Rapper Kwame Khalili Brown, known mostly by his stage name Foogiano, was born on July 4th, the U.S holiday meant to symbolize independence, freedom, and affirmation of one’s God given human rights. Why is this ironic, you ask? Time and time again as students and writers of The Remedy Project (TRP), our eyes have been opened to the harsh and chilling reality that a wide chasm sits between what should be and what actually is in this country. So what are the options? (1) Embark on the treacherous way across, risking your life in the process. Or (2) remain where you are and never reach the other side…
Mr. Brown met his ticket across the chasm on October 3rd, 2022. He stood in front of Federal Judge Coggins, not as Foogiano, not as a rapper with a great following, but as a human being in chains. In chains and at the mercy of men and women in power, but worthy of the same rights as any other person. I can only imagine the relief on Mr. Brown’s face when Judge Coggins said these words:
“I will state once again that it is my intention that he be given credit for all time served, not just time in federal custody, but all time he has served related to these charges, whether it is on the revocation action or on this action"
What exactly was he referring to? Foogiano acquired both state and federal charges and therefore did time in both state and federal prison. It was at the federal prison that Judge Coggins asserted that all the time he spent, even in state prison, should be counted towards his sentence. Therefore, his credits should include time from his detainment on December 6th, 2020 until his sentence on October 3rd, 2022. That’s nearly two years of credits right? Not according to the Federal Bureau of Prisons (FBOP). When Mr. Brown reviewed his credits, he realized that he was only awarded time for the two days he was detained in December of 2020. The FBOP withheld the rest of his 18.5 months of credit.
How could this be? It turns out that even famous rappers are not impervious to the prison system’s sleight of hand. There might not be evidence to support the FBOP’s mal intention, but we hope to illuminate that there is also not enough evidence to support a defense for their blamelessness. If you are familiar with the many stories of the Remedy Project, you will find that the prison system’s fire is fueled by injustice and personal gain. Unfortunately, there are too many testimonies of those who have been burned, just like Mr. Brown has been.
You are witnessing a blatant disregard for the rights of a fellow human being, as well as the FBOP’s modus operandi. The FBOP has always done what is in their best interest. They do not deal in integrity and fairness. Apparently, they do not even look at the cold hard facts upholding a person’s case. When discrepancies are brought to light, the FBOP looks the other way. They deal with people the only way they know how, by blatantly disregarding the law and promoting cruel and unusual punishment. Here at TRP we have advocated for many people for a variety of reasons, so this was not a surprise to us. However, what baffled us came down to simple math. The federal court recognized the FBOP’s miscalculation and called for a recalculation. At the same time eliminated any ambiguity concerning what time counts as time served. To the federal courts, and now hopefully to you, this is an open and shut case.
Prison policy states that “The Warden is responsible for ensuring that effective informal resolution procedures are in place and that good faith attempts are made in an orderly and timely manner by both inmates and staff. These procedures may not operate to limit the inmate's access to formal filing of a Request”. It also states that a person “…has the right to expect that you will be treated in a respectful, impartial, and fair manner by all staff.”
None of these policies were carried out. The unfortunate circumstances of Foogiano’s story unfortunately do not stop at the larger scale failures of the FBOP, but also reveal the cracks in the floorboards of the prison system on a regional and local scale. After he reviewed his credits and realized the FBOP made such an enormous mistake, Foogiano did what any reasonable person would do. He made efforts to bring this mistake to the attention of those who had the ability to help him rectify the situation at FCI Beckley, where he is incarcerated. For 7 months, Foogiano tried to file administrative remedies, but his case manager, unit counselor, warden, and regional office staff mistreated him and hindered his right to file them. Despite his many attempts, he was unable to turn in his BP-9s because they lacked his unit counselor’s signature.
What do we make of this? I think Foogiano said it succinctly in a letter to our co-founder David. “They’re not racist against color, they’re racist against inmates period.” We are bringing attention to the gross discrimination he faced, the prison system’s failure to protect his rights, and their failure to grant him due process which the 5th and 14th Amendments of the US Constitution demand. It is one thing for a single person to stand between you and your rights. It is another thing when a group of people link arms and form an impenetrable barrier between you and those rights at every level. When the decision of a federal court judge is not enough for justice to be served, there is a problem. So what happens now? Now Foogiano continues to suffer a longer sentence than necessary. Foogiano wrote to us, “They’ve sent me to the bottom of the barrel“, detailing how prison staff continue to violate his rights, including but not limited to opening his mail in his absence, copying it, and holding his mail from his girlfriend Brittany for months at a time.
As the story goes, one injustice rolls directly into another. Culpable parties of the FBOP and FCI Beckley violated both the U.S Code which affords a person behind bars “a responsible opportunity to adjust to and prepare for the re-entry…” and the 2018 First Step Act (FSA) which makes it possible for persons behind bars to earn credits and participate in “Evidence Based Recidivism Reducing Programs and Productive Activities”. Foogiano has been denied both.
The facts and sentencing documents clearly state Foogiano should be given back the time he served in state prison. His time served from December 6th, 2020 to October 3rd, 2022 is not in violation of any of the FBOP stipulations for withholding credits. Foogiano was held in custody for exactly what he was sentenced for. Not only should they recognize the 18.5 months he has already served, but those months should be applied to his sentence immediately. We also demand that he should be given immediate placement into a halfway house in order to give him the maximum amount of time to reintegrate into society. The time he should get back should also include both the FSA and good time credits because the FSA law overrides the statutes of the FBOP.
Let this story be a reminder that no one is safe, and that the effects of injustice are always exponential and long lasting. It is not enough for mistakes to be acknowledged. Something must be done to fix and address them, and all involved persons must be held accountable. Foogiano’s story reveals the fat white underbelly of the prison system. It can unfortunately be a storage place for injustice, thievery, and blatant disregard for the dignity of human life and freedom. These wrongs are being exposed through the heartbreaking and astonishing stories of those behind bars, and through the agony of those the FBOP has disregarded and discarded.
Foogiano wrote to David, “It takes a hell of a man to get home to his freedom and still remember the brother in the struggle behind these walls”. The heart of the Remedy Project rejects the “out of sight, out of mind” mentality that mass incarceration promotes. We refuse to forget those behind bars simply because they have been removed from our mainstream society. We are calling on all of those who not only support Foogiano and The Remedy Project but those who have any sense of right and wrong to take a stand. Bring attention to this story and others like it. Donate to causes that call for prison reform and stand firm against those who fail to consider the weight of time and the weight of time lost.
Donate here to support The Remedy Project: https://www.givegab.com/campaigns/remedy-project-end-of-year-fundraising-challenge
Rapper Kwame Khalili Brown, known mostly by his stage name Foogiano, was born on July 4th, the U.S holiday meant to symbolize independence, freedom, and affirmation of one’s God given human rights. Why is this ironic, you ask? Time and time again as students and writers of The Remedy Project (TRP), our eyes have been opened to the harsh and chilling reality that a wide chasm sits between what should be and what actually is in this country. So what are the options? (1) Embark on the treacherous way across, risking your life in the process. Or (2) remain where you are and never reach the other side…
Mr. Brown met his ticket across the chasm on October 3rd, 2022. He stood in front of Federal Judge Coggins, not as Foogiano, not as a rapper with a great following, but as a human being in chains. In chains and at the mercy of men and women in power, but worthy of the same rights as any other person. I can only imagine the relief on Mr. Brown’s face when Judge Coggins said these words:
“I will state once again that it is my intention that he be given credit for all time served, not just time in federal custody, but all time he has served related to these charges, whether it is on the revocation action or on this action"
What exactly was he referring to? Foogiano acquired both state and federal charges and therefore did time in both state and federal prison. It was at the federal prison that Judge Coggins asserted that all the time he spent, even in state prison, should be counted towards his sentence. Therefore, his credits should include time from his detainment on December 6th, 2020 until his sentence on October 3rd, 2022. That’s nearly two years of credits right? Not according to the Federal Bureau of Prisons (FBOP). When Mr. Brown reviewed his credits, he realized that he was only awarded time for the two days he was detained in December of 2020. The FBOP withheld the rest of his 18.5 months of credit.
How could this be? It turns out that even famous rappers are not impervious to the prison system’s sleight of hand. There might not be evidence to support the FBOP’s mal intention, but we hope to illuminate that there is also not enough evidence to support a defense for their blamelessness. If you are familiar with the many stories of the Remedy Project, you will find that the prison system’s fire is fueled by injustice and personal gain. Unfortunately, there are too many testimonies of those who have been burned, just like Mr. Brown has been.
You are witnessing a blatant disregard for the rights of a fellow human being, as well as the FBOP’s modus operandi. The FBOP has always done what is in their best interest. They do not deal in integrity and fairness. Apparently, they do not even look at the cold hard facts upholding a person’s case. When discrepancies are brought to light, the FBOP looks the other way. They deal with people the only way they know how, by blatantly disregarding the law and promoting cruel and unusual punishment. Here at TRP we have advocated for many people for a variety of reasons, so this was not a surprise to us. However, what baffled us came down to simple math. The federal court recognized the FBOP’s miscalculation and called for a recalculation. At the same time eliminated any ambiguity concerning what time counts as time served. To the federal courts, and now hopefully to you, this is an open and shut case.
Prison policy states that “The Warden is responsible for ensuring that effective informal resolution procedures are in place and that good faith attempts are made in an orderly and timely manner by both inmates and staff. These procedures may not operate to limit the inmate's access to formal filing of a Request”. It also states that a person “…has the right to expect that you will be treated in a respectful, impartial, and fair manner by all staff.”
None of these policies were carried out. The unfortunate circumstances of Foogiano’s story unfortunately do not stop at the larger scale failures of the FBOP, but also reveal the cracks in the floorboards of the prison system on a regional and local scale. After he reviewed his credits and realized the FBOP made such an enormous mistake, Foogiano did what any reasonable person would do. He made efforts to bring this mistake to the attention of those who had the ability to help him rectify the situation at FCI Beckley, where he is incarcerated. For 7 months, Foogiano tried to file administrative remedies, but his case manager, unit counselor, warden, and regional office staff mistreated him and hindered his right to file them. Despite his many attempts, he was unable to turn in his BP-9s because they lacked his unit counselor’s signature.
What do we make of this? I think Foogiano said it succinctly in a letter to our co-founder David. “They’re not racist against color, they’re racist against inmates period.” We are bringing attention to the gross discrimination he faced, the prison system’s failure to protect his rights, and their failure to grant him due process which the 5th and 14th Amendments of the US Constitution demand. It is one thing for a single person to stand between you and your rights. It is another thing when a group of people link arms and form an impenetrable barrier between you and those rights at every level. When the decision of a federal court judge is not enough for justice to be served, there is a problem. So what happens now? Now Foogiano continues to suffer a longer sentence than necessary. Foogiano wrote to us, “They’ve sent me to the bottom of the barrel“, detailing how prison staff continue to violate his rights, including but not limited to opening his mail in his absence, copying it, and holding his mail from his girlfriend Brittany for months at a time.
As the story goes, one injustice rolls directly into another. Culpable parties of the FBOP and FCI Beckley violated both the U.S Code which affords a person behind bars “a responsible opportunity to adjust to and prepare for the re-entry…” and the 2018 First Step Act (FSA) which makes it possible for persons behind bars to earn credits and participate in “Evidence Based Recidivism Reducing Programs and Productive Activities”. Foogiano has been denied both.
The facts and sentencing documents clearly state Foogiano should be given back the time he served in state prison. His time served from December 6th, 2020 to October 3rd, 2022 is not in violation of any of the FBOP stipulations for withholding credits. Foogiano was held in custody for exactly what he was sentenced for. Not only should they recognize the 18.5 months he has already served, but those months should be applied to his sentence immediately. We also demand that he should be given immediate placement into a halfway house in order to give him the maximum amount of time to reintegrate into society. The time he should get back should also include both the FSA and good time credits because the FSA law overrides the statutes of the FBOP.
Let this story be a reminder that no one is safe, and that the effects of injustice are always exponential and long lasting. It is not enough for mistakes to be acknowledged. Something must be done to fix and address them, and all involved persons must be held accountable. Foogiano’s story reveals the fat white underbelly of the prison system. It can unfortunately be a storage place for injustice, thievery, and blatant disregard for the dignity of human life and freedom. These wrongs are being exposed through the heartbreaking and astonishing stories of those behind bars, and through the agony of those the FBOP has disregarded and discarded.
Foogiano wrote to David, “It takes a hell of a man to get home to his freedom and still remember the brother in the struggle behind these walls”. The heart of the Remedy Project rejects the “out of sight, out of mind” mentality that mass incarceration promotes. We refuse to forget those behind bars simply because they have been removed from our mainstream society. We are calling on all of those who not only support Foogiano and The Remedy Project but those who have any sense of right and wrong to take a stand. Bring attention to this story and others like it. Donate to causes that call for prison reform and stand firm against those who fail to consider the weight of time and the weight of time lost.
Donate here to support The Remedy Project: https://www.givegab.com/campaigns/remedy-project-end-of-year-fundraising-challenge
