by Hans Bader

The communist activist Angela Davis advocated abolishing prisons in the U.S., while supporting the incarceration of political prisoners in totalitarian communist regimes overseas. The ACLU of Virginia has touted Angela Davis’s stances in the past, such as in an April 4, 2022 tweet  quoting Davis.

Now, the ACLU of Virginia has returned to promoting these extreme positions, in addition to new ones. In an August 7 post, the ACLU approvingly featured an image with the message “Abolish Prisons,” “Abolish White Supremacy,” and “No One Is Illegal On Stolen Land,” accompanied by a tweet agreeing with this sign, and saying “That’s right, NO ONE.”

We do not all live on stolen land, contrary to the claim made by some left-wingers. A great deal of land was voluntarily sold to settlers by Native Americans. Law professor Stuart Banner’s book How the Indians Lost Their Land explains this. Some land changed hands through “consensual transactions,” and other land through “violent conquest.”

Banner is a mainstream, well-respected academic at UCLA Law School who may have been surprised by what he discovered about the large scope of voluntary transfers of land from Native Americans to whites. But the large number of land sales by Native Americans makes sense because North America was a much emptier place after European diseases wiped out most of the Native American population, leaving many Native Americans with plenty of land even if they ceded some of it to white settlers.

The ACLU’s apparent call to “abolish prisons” is also misguided, because peer-reviewed academic studies show prisons prevent many violent crimes and property crimes. One such study is “The Incapacitation Effect of Incarceration: Evidence from Several Italian Collective Pardons,” which found that reducing incarceration increased the crime rate. This article was published in the American Economic Review, which is a peer-reviewed journal.

Since Professor Banner’s book does not appear to be readable for free online, it is useful to also view other web sources debunking the claim that we all live on stolen land, such as this Prager University video, “Are We Living on Stolen Land?”

Leftist “prison abolitionists” sometimes want to imprison their ideological enemies, even as they advocate releasing murderers and violent criminals. When I worked for a free-market think tank, the Competitive Enterprise Institute,  leftists would occasionally send me emails telling me I belonged in prison, along with the evil Koch Brothers (who provided about 4% of the operating budget of the think tank where I worked). One of these leftists’ Twitter accounts contained messages calling for the abolition of prisons and the police.

The communist activist Angela Davis, celebrated by the ACLU of Virginia, is a classic example of a leftist who called for abolishing prisons, and also imprisoning her political enemies.

She condemned jailed Jewish dissidents in the Soviet Union as “Zionist fascists and opponents of socialism” who should “be kept in prison.” These dissidents were trapped in the world’s largest prison system, the Gulag, in which tens of millions of people perished during imprisonment or forced labor. Davis had no problem with the Gulag at all.

Yet Davis called for abolishing prisons in America, where prisons are used to incarcerate murderers and thieves, rather than dissidents. “Abolish prisons, says Angela Davis,” is the title of a glowing portrait of Davis in the Harvard Gazette, an official publication of Harvard University. “In a lecture at the Kennedy School of Government’s ARCO Forum Friday (March 7), activist and intellectual Angela Davis advocated for the abolition of prisons, casting the issue in human rights terms and urging a broader vision of justice,” wrote the Gazette.

But Davis did not care about human rights in communist countries, where human rights could not be permitted to slow the pace of communism and its total transformation of society. Vast numbers of people were incarcerated and killed by the Soviet Union’s communist government in the Gulag, without any criticism from Davis. The Los Angeles Times described the vast suffering in the Gulag camps in just a single region of Siberia, where 3 million people died:

Scattered throughout the mountains and glacier-sculptured river valleys in the Soviet Union’s northeastern corner, from the Sea of Okhotsk to the Arctic Ocean, are the ruins of more than 100 Gulag camps in which an estimated 3 million men, women and children were executed or died.

At Vostochny, one of the Soviet doctors traveling with the American visitors recalled that the camp was “one of the deadliest of the infamous Gulag camps of the Kolyma River area described by Solzhenitsyn.”

To some Soviet citizens, the names Magadan and Kolyma have the same ring as the names Buchenwald or Dachau to a Jew.

“Kolyma in eastern Siberia was the largest camp area in the U.S.S.R., had the highest death rate. Whole camps perished to a man,” wrote Alexander Solzhenitsyn in his novel, “The Gulag Archipelago.” “Prisoners worked at 75 degrees below zero, in six-foot snow, beneath it only permafrost. One bowl of gruel a day. Kolyma camps were known for executions and mass graves.”

At one Kolyma camp, Solzhenitsyn wrote, “the prisoners were so famished they ate the corpse of a horse lying dead for more than a week in summer, which not only stank, but was covered with flies and maggots. They ate a half-barrel of lubrication grease brought there to grease the wheelbarrows ….

“Thousands were sent here for petty theft, for making jokes about Stalin, for unbelievable inconsequential reasons as ‘enemies of the people,’ ” said Yuri Pavlov, 57, a columnist for the newspaper Magadanskay Pravda. “All Soviet citizens who had been captured by the Germans during World War II and later freed were believed to have been tainted by their Fascist captors, and were re-arrested on arrival home and sent here and to other parts of Siberia.

“Americans liberated many Soviets from German prison camps,” Pavlov said. “When they (the ex-POWS) returned home at war’s end, they were sent to the Gulag in Siberia because Stalin thought they were all spies because the Americas saved them. It was crazy.”

Later, the ACLU of Virginia touted an Angela Davis message. “‘Prisons do not disappear social problems, they disappear human beings.’ — Angela Davis,” wrote the ACLU on Twitter.

But Davis did think prisons eliminated political problems, such as dissent against communist repression by religious minorities. Angela Davis thought prison was appropriate for religious and political dissidents. That’s why she condemned jailed Jewish dissidents in the Soviet Union as “Zionist fascists and opponents of socialism” who should “be kept in prison.’”

A Jewish Harvard law professor noted “that he appealed to Davis, with her very close relationship with the USSR, to intercede on behalf of imprisoned Soviet Jewry activists…. ‘Several days later, I received a call back from Ms. Davis’ secretary informing me that Davis had looked into the people on my list and none were political prisoners. ‘They are all Zionist fascists and opponents of socialism.’ Davis would urge that they be kept in prison where they belonged.’”

After criticizing legislation supported by prison abolitionists — such as bills to reinstate parole in Virginia, and Virginia’s failed second-look bill, which would have allowed murderers serving sentences longer than 10 or 15 years to seek release — I received a couple of messages telling me I should be in prison, from people who appeared to be prison abolitionists. When I was a young lawyer at the Center for Individual Rights, I was contacted for legal help by the head of a group called Citizens for Law and Order. He had drawn the wrath of a left-wing radio host who was a prison abolitionist — and believed that the head of Citizens for Law and Order deserved to be in prison, threatening to sue him for libel.

As the National Review notes, Davis’s support for human rights abuses is well-known:

Davis is an unrepentant champion of domestic terrorists and murderers. In the early 1970s, Davis famously bought two of the guns used in a 1970 Marin County courtroom kidnapping-shootout perpetrated by Black Panthers, in which a superior court judge and three hostages were murdered. After being charged with “aggravated kidnapping and first-degree murder,” Davis went into hiding. Even after the FBI caught up to her, and even after evidence showed that she had been in correspondence with the planners and well aware of their violent disposition, she was acquitted in 1972.

Davis never stopped defending convicted Black Panther murderers, including those who had tortured a teenager to death, and yet she is still treated as celebrity.

2) Davis collaborated with some of the world’s most nefarious regimes. The CIA estimated that at least 5 percent of the entire Soviet Russian propaganda budget in 1971 had been spent on propping up and defending Davis (as opposed to four going to the war in Vietnam). And she reciprocated eagerly and often. Davis first visited the Soviet Union 1972, a year of renewed political repression and forced labor. “Miss Davis Hails Soviet’s policies,” read a New York Times headline from August of that year. “Soviet ideologists raised Miss Davis to the status of virtual folk heroine during her California trial on murder‐conspiracy charges before she was found not guilty earlier this year,” the report noted. Aleksandr Solzhenitsyn singled out Davis out tool of Soviet propagandists in his 1975 “Communism: A Legacy of Terror” speech.

In 1979, Davis would return to Moscow to collect her Lenin Peace Prize, praising “the glorious name” of the mass-murdering founder of the Soviet Union and his “great October Revolution.” On neither trip did she utter a single word of criticism or concern about the largest prison system that mankind had ever created. Only high praise.

Hans Bader practices law in Washington, D.C. After studying economics and history at the University of Virginia and law at Harvard, he practiced civil-rights, international-trade, and constitutional law. He also once worked in the Education Department. Hans writes for CNSNews.com and has appeared on C-SPAN’s “Washington Journal.” Contact him at hfb138@yahoo.com.


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45 responses to “The Sorry State of the ACLU of Virginia”

  1. walter smith Avatar
    walter smith

    The ACLU used to deserve grudging respect.
    I probably disagreed with it 90-95% of the time, but it was principled and consistent in its principles.
    Now just another Leftist hack organization following the Party diktat of the day…

    1. Nancy Naive Avatar
      Nancy Naive

      Trump, on the other hand…

      1. walter smith Avatar
        walter smith

        TDS much?

        1. Nancy Naive Avatar
          Nancy Naive

          He’s all yours, and apparently, all you’ve got.

          1. Lefty665 Avatar

            … and corrupt, demented old Joe and hahaha Harris are better?

          2. Nancy Naive Avatar
            Nancy Naive

            Evidence? Amazing. Joe eats dinner and sometimes with people. If you’re going to find Joe to be a criminal mastermind, please get someone other than “We share a brain cell” Jordan and Comer to do the looking. Neither one of ‘em could muster a sneeze if’n brains were dynamite.

          3. Lefty665 Avatar

            It’s the $20M + on top of the dinners and phone calls. Wonder if Joe’s brother, daughter in law, son and grand kids, 9 family members in all, paid income taxes on the money that came through the Biden syndicate? Then there’s that joint checking account with Hunter that Joe used to pay for his home improvements. The Clintons at least flushed the graft through a foundation. The Bidens just spread it around the family.

          4. Nancy Naive Avatar
            Nancy Naive

            Not to “whatabout”, but $20M? Spread over the whole family? Really? Over 20 years as a Senator, 8 as a VP, and 2 as President?

            Dick Cheney made that much on one weekend in March 2003. And compares to $2B to Jared like found couch cushion money.

            But as of yet, no one has given one word of testimony or one document that indicates Joe did anything to help Hunter businesswise. Especially the idiotic notion that Hunter wanted the Ukrainian AG fired. He was Burisma’s man.

            Listen to Nancy Mace. The committee found bupkis. Nada. Every time they hype testimony it fizzles. Every time McCarthy says the I-word a swing district Red seat turns Blue.

            My opinion, nothing to back it, is that McCarthy knows his tenure as Speaker ends in 2025. If he has a majority Red House, he’ll lose in the first round, not win in the 15th. He’s the kind who would rather lose the gavel in the general election than be voted out by his own members.

          5. Lefty665 Avatar

            Uh, there was the prosecutor Old Joe bragged about getting fired. That’s a deliverable.

            That was the same prosecutor who had seized 4 villas, a Bentley and private jet from the oligarch who owned Burisma. He was the same oligarch who testified to the FBI source that he had bribed Old Joe and Hunter with $5M each.

            That was shortly after a dinner with the Ukrainians and Old Joe on the speaker phone with Hunter. The next week at another dinner the oligarch, Hunter and another Ukrainian left the dinner table to call Old Joe in private.

            Next thing you know Old Joe gets the prosecutor fired by threatening to withhold $1B in aid from Ukraine and Old Joe is bragging about it. Old Joe was not too bright even when he had something that passed for a brain.

            A million a year, do it for enough years and it begins to add up to real money. Dirty foreign money to Old Joe’s grandchildren, that’s just creepy.

            What’s worse than the money with Jared is that he screwed up everything he touched, and as son in law he got to touch a lot.

            On top of his corruption Cheney belongs in jail or hanged as a war criminal.

            Every time Old Joe falls on his face or wanders off into verbal la la land or Harris spouts more idiocy and lets out maniacal giggles the presidental election leans more Repub.

            70% of the country thinks Old Joe should retire and go sit on the beach. Have I mentioned that Old Joe is too old to be president of anything?

            Hold onto your dreams. After the ’24 election they may be all that any of us has left. No matter which one wins both the country and the world lose.

          6. Nancy Naive Avatar
            Nancy Naive

            You should come back when you have the same kind of evidence that Joe took payola as they have on Justice Thomas. When your primary impetus for your investigation is Rudy… you gotta problem.

            All the committee has is that Hunter tried to capitalize on his name. Gee, same as Nixon’s brother, Billy Carter, anyone else? Oh yeah, Jared.

            The committee has finally admitted they cannot tie Joe directly. Kinda unlike Ginny Thomas.

            Remember, every time they say “Biden Family” they have only “Hunter Biden and his family of businesses”.

            https://oversight.house.gov/wp-content/uploads/2023/08/Third-Bank-Records-Memorandum_Redacted.pdf

            “President Biden’s defenders purport a weak defense by asserting the Committee must show payments directly to the President to show corruption,” the House Oversight Republicans wrote.

            “This is a hollow claim no other American would be afforded if their family members accepted foreign payments or bribes. Indeed, the law recognizes payments to family members to corruptly influence others can constitute a bribe,” the memo says. The panel points to a resource guide of the Foreign Corrupt Practices Act that states “companies also may violate the FCPA if they give payments or gifts to third parties, such as an official’s family members, as an indirect way of corruptly influencing a foreign official.”

            Hunter Biden has not been charged or convicted of accepting bribes at this point.

            Maureen McDonnell anyone? What happened there?

            The Forbes article details Joe’s money. In 2016, he was worth $2.5M. Hard to hide $20M when you own just 3 pieces of property, borrowed to put your kids through college, and are carrying $700K in debt. Do you suppose he kept it in his mattress?

          7. Lefty665 Avatar

            Here’s Jonathan Turley on your Biden poverty pipe dreams.

            https://jonathanturley.org/2023/08/10/the-illusion-of-scandal-how-washington-is-attempting-to-dismiss-20-million-as-an-illusion/#more-208322

            Dream on, fantasy is much more pleasant than reality. How’d old Joe acquire $2.5M on government salaries? Remember, that does not include the corrupt foreign millions to his relatives and grand children.

          8. Nancy Naive Avatar
            Nancy Naive

            Turley? Really? Faux News Bait. How many times does he have to be wrong before they stop calling him an expert?

            Hunter and buddy Archer, but not Joe. I don’t disagree that Hunter tried to cash in on Daddy’s name. He may have even introduced Joe to people. But Hunter never held a government job. Was never in the WH, and was (arguably) a grown man.

            The FBI and DoJ investigated this from 2017 to 2020. I forget. Who was in the WH those years? Who was it that kept asking HIS AG, Barr, to investigate the Bidens? Who attempted to deny the Bidens of Due Process by initiating a foreign government investigation of American citizens WITHOUT an active US investigation first?

          9. Lefty665 Avatar

            Cute, you can’t refute the facts so you go for the ad hominem attack on the person with Turley.

            Naming of a Special Prosecutor for Hunter puts a different spin on the nothing to see here nonsense.

            The dismissal of the sweetheart plea deal and now more likely felony tax evasion prosecutions in DC and California sweeten the pot. Felony gun charges might help push Hunter hard enough to roll over on Old Joe.

            The DoJ slow walking of the investigation that let the statute of limitations run out on Hunter’s tax charges from 2013, 2014, 2015 and 2016 did their damage. But the whistle blowers made clear there’s still tax felonies to contend with and FARA violations.

            Maybe Hunter will go to jail on the gun felony like the mother of the 6 year old shooter in Newport News. Equal justice under the law indeed.

            You’re a bright guy and often funny, which I like. Please get out of the neo-liberal elite Dem MSM echo chamber and into fact based reality. Be careful not to fall into the Repub echo chamber on the other side. Rationality lies between the echo chambers.

          10. Nancy Naive Avatar
            Nancy Naive

            That wasn’t a personal attack on Turley. It’s a professional attack. Pointing out that a plumber is not a qualified electrician (albeit much in common) is not an attack on the man’s character. It’s on his claimed qualifications.

            I refuted the “facts”. So did Bill Barr, and the FBI. The prosecutor, Weiss?, testified there was no undue pressure. Barr appointed him, BTW. No one has backed up the IRS agents, and the “super witness” is in the wind.

            Joe’s not the only one with an unscrupulous son. Fred had one too.

            FWIW, that “perfect phone call”, he broke the law. The US has treaties with 100 countries for law enforcement cooperation. They’re all pretty much the same, a few titles changed, some agency names, etc., but they all have one thing in common. The only person in the Federal government who can request a foreign country to investigate a US citizen is the Attorney General. No one else. I’ll let you figure out why.

            BTW, be nice to me. I just replaced 5 wired-in under cabinet light fixtures and I hurt in places I didn’t know I had. My next house will have receptacles in every cabinet.

            The one cool thing the electrician did in this house was a waterproof receptacle under the kitchen sink. The garbage disposal and dishwasher just plug in. Genius!

          11. So what ever happened to that Bentley?

          12. Lefty665 Avatar

            Or the jet or the 4 villas? Maybe the Bentley transmogrified into a ‘vette and was used to shield the classified documents Old Joe hid in his garage. Oh, and where’s the charges from that special prosecutor? Haven’t heard a mumbly word from him.

            Funny there’s been no cognitive dissonance over the distance between Old Joe’s full court press on electric vehicles and sky high CAFE mileage requirements for the rest of us and his very own hi pro 427 gas guzzling ‘vette. The 750 CFM carb on that puppy will suck up some gas and put lots of garbage out the exhaust. It was expensive too. Wonder which corrupt foreign oligarch wrote the check for that like the one did for Hunter’s Porsche.

          13. Matt Adams Avatar
            Matt Adams

            Despite his attempts to indicate otherwise, he walks the party line, sings the part songs and pulls the party straight ballot, just like Dick.

          14. walter smith Avatar
            walter smith

            Wow! Substantive! You are such a bold genius! Everyone should do whatever Nancy says – font of all wisdom!
            Other than snark, what do you stand for?
            I guess you approve of lawfare? Was SlowJoe bribed? Yes. Apparent. Is SlowJoe impaired? Yes. Apparent. Is DOJ corrupt? Yes. Apparent. Is FBI corrupt? Yes. Apparent. Did SlowJoe really get 81 million “votes”, 8 million more than Barack Obama? No. Also apparent. But must be denied. Fetterman? Actually people voted, or were “golden tickets” collected? Censorship OK? Religious persecution? I’m prepared to support every position I have with facts, having nothing to do with Trump, and all you mindless Leftists can do is, parrot-like, awk “Trump.” As Dean Wormer wisely said, “Fat, drunk and stupid is no way to go through life, son.”

          15. Nancy Naive Avatar
            Nancy Naive

            Everything is apparent to you. Evidence? Not a wit. Well, that sums it up.

            I have never thought of you as fat nor a drunkard.

          16. walter smith Avatar
            walter smith

            TDS can be soul-crippling. Can I pray for you? Would that be offensive? Or bring back harsh memories of suffering?

          17. Nancy Naive Avatar
            Nancy Naive

            Nah, don’t bother. By this time next year, he’ll be safely tucked away.

          18. walter smith Avatar
            walter smith

            This has what to do with the ACLU?
            Oooooh, the ACLU HAD to betray its principles cuz…TRUMP!
            We must destroy our democratic republic to SAVE DEMOCRACY!

          19. Lefty665 Avatar

            The ACLU abandoned its 1st Amendment mission before Trump. It just got worse after he arrived on the scene. I miss the old ACLU as do several of their old executives and directors.

          20. walter smith Avatar
            walter smith

            I wouldn’t say I “”missed” it, but I at least respected it

  2. Thomas Dixon Avatar
    Thomas Dixon

    Another fruit of communism.

    1. Nancy Naive Avatar
      Nancy Naive

      And the flakes and nuts of fascism.

      We’ve achieved granola!

  3. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    Here is a recent article from the Atlantic that posits an intriguing idea. The author uses Angela Davis as one of his prime examples. Her value is this: “Her ideas (about violence, communism, prison, and much else) are bad, but bad ideas can spawn good ones.” Her call to abandon prisons resulted in a closer examination of prisons and the adoption of some needed reforms. https://www.theatlantic.com/ideas/archive/2023/08/christopher-rufo-book-americas-cultural-revolution/674908/?utm_source=newsletter&utm_medium=email&utm_campaign=atlantic-daily-newsletter&utm_content=20230804&utm_term=The%20Atlantic%20Daily

    As for the ACLU, I have been disappointed in them lately as the national organization has opted to not to defend some speech it finds offensive. The Virginia chapter has stayed truer to the original mission, defending the alt-right organizers of the Charlottesille demonstrations, although sometimes it seems to stray beyond civil liberties.

    1. “Her ideas (about violence, communism, prison, and much else) are bad, but bad ideas can spawn good ones.”

      Sure. And people have a negative view of Jesse Timmendequas too, but he really did a lot of good for society. Yes, he lured 7-year-old Megan Kanka into his house to see a new puppy, after which he raped and strangled her, but the result was Megan’s Law.

      That kind of logic is repugnant. There’s absolutely nothing good to say about Angela Davis.

    2. Making excuses for Angela Davis is almost as disgusting as making excuses for a KKK grand wizard.

  4. Nancy Naive Avatar
    Nancy Naive

    Apparently, we are not alone in questioning the mysteries of the cosmos… (actual Webb photograph)

    https://i.insider.com/64d3edaf4dd2b50019c247dc?width=1300&format=jpeg&auto=webp

    1. Lefty665 Avatar

      What a funny picture. Who knew?

      1. Nancy Naive Avatar
        Nancy Naive

        I think that’s the point.

    2. Are you sure that’s not a Chinese balloon?

      1. Nancy Naive Avatar
        Nancy Naive

        Yes. “?” Not “,|,,”

  5. Anyone who leads with “abolish prisons” should be ignored by those who are serious about criminal justice reform.

    1. Nancy Naive Avatar
      Nancy Naive

      Islands. Big islands.

      1. Lefty665 Avatar

        Fentanyl islands like in California.

        1. Fentanyl Island

          That gives me an idea for a TV series…

  6. f/k/a_tmtfairfax Avatar
    f/k/a_tmtfairfax

    Abolish prisons. If so, where would Derek Chauvin be today?

    1. If they reclassify him as a political prisoner then Angela Davis will be okay with keeping him locked up – an attitude which I think can best be characterized as “prisons for thee but not for me”.

      1. Nancy Naive Avatar
        Nancy Naive

        That’s the notion of laws, binding for some and freeing for others.

        1. It might be the actuality of laws, but I do not think it is the primary notion.

          [Sorry about that. Sometimes my beaten, bruised, and weary idealism finds its way out through the armor of my cynicism]

          1. Nancy Naive Avatar
            Nancy Naive

            Rich and poor alike are not permitted to sleep under brides.

          2. Rich and poor alike are not permitted to sleep under brides.

            But what if she likes being on top?

            😉

            PS – Anatole France’s Penguin Island (English Translation) is on my long range reading list and who knows, some day I might get to it.

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