Authorization for the CMU program Dr. Dhafir is being held under at Terre Haute FCI, Indiana is undocumented. See the email below from Bureau of Prisons (BOP) Watch:

The Bureau recently established a Communications Management Unit (CMU) at FCI Terre Haute, IN (D Unit). They have designated/transferred inmates to this unit who they somehow believe need some sort of restrictions over their ability to communicate with others. Placement in the CMU is supposedly only following conviction on certain offenses “or other verified information.” It is said to be a fully self-contained unit – like SHU. Most of the inmates in the CMU are Middle Eastern or of Middle Eastern descent. Some are US citizens and some are not. Their social visits are generally restricted to 4 hours per month (2 hours per visit) and are subject to monitoring and/or recording. These are non-contact visits and are “to be conducted in English.” Most of these inmates are NOT classified as High security.

This is NOT the program that the Bureau published a “Proposed Rule” on in the Federal Register last April. This is NOT the “SAMS” restrictions authorized after 9/11. This is some other program, whose authorization is thus far undocumented. IMHO, this program violates not only the Constitution, but statute, regulation and its implementation almost certainly is also violative of the Administrative Procedures Act (APA).

I have recently been provided a copy of the Institution Supplement created by FCI Terre Haute, IN, as well as a Memo regarding the visiting procedures.

Unlike virtually every other Institution Supplement I have seen, this one appear NOT to be authorized by and Program Statement – the normal requirement for such an institution specific deviation from national policy. This fact just typifies the Bureau’s long standing failure to promulgate policy only through proper procedures and/or properly delegated authority.

Links to both the Institution Supplement and the memo on visiting are available here: Information on CMU.
Howard O. Kieffer Federal Defense Associates Santa Ana, California 714-836-6031 x 250

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