Published exclusively in The Gad About Town.
This is the third article in a series of prison essays by Matt DeHart. The first essay is here: “You don’t act like an American,” and the second is here: “Hospitality in Mexico.”
“Shattered” was written in May 2018.
* * * *
Last November, the Federal Bureau of Prisons (BOP) informed Matt DeHart, a former U.S. Air National Guard drone team member and alleged WikiLeaks courier, that it had reversed its decision that the fourteen months he spent detained in a Canadian prison would be credited toward his sentence as time served. No hearing was held. His release date of September 2018 is no longer in place.
The decision was announced in a letter that neither acknowledges DeHart’s right to due process nor concedes that he has been denied due process. “An inmate held pending a civil deportation determination is not being held in ‘official’ detention pending criminal charges,” the BOP letter reads. This reverses the stance the government took when it sentenced DeHart. It is worth noting that the BOP employed the quotation marks around the word “official” in its letter to Matt DeHart.
DeHart continues to appeal the BOP’s unilateral decision to effectively extend his prison sentence by fourteen months even though the BOP’s paperwork requirements are Kafka-esque: In December 2017, DeHart was required to include with his appeal of the extension of his sentence a sheet that detailed the computation of his time served; it was to be stapled to the document. This is a page that the BOP already possesses as it is that department’s own computation. DeHart did not staple it; he sent it in a separate envelope with explanatory statements (i.e.: This is exhibit 14 that was not included in the earlier letter which states exhibit 14 will be forthcoming). The BOP did not accept the documents (which is an insidious method of rejecting an appeal) and returned them to DeHart.
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