The Hamas Assault on Israel and the Emperor Who Knew Not God

A story out of time for our time: The Prophet Isaiah wrote of Cyrus, King of the Persian Empire who knew not God but was chosen by God to restore freedom to Israel.

October 11, 2023 by Fr Gordon MacRae

On October 7, 2023, the Palestinian terrorist group Hamas, attacked the Nation of Israel with an ongoing barrage of long-range missiles. At this writing, the Israeli death toll exceeds 1,000 with thousands of others critically wounded or missing. Many Israeli citizens are being held hostage under Hamas death threats. Just weeks earlier, the Biden Adminstration “unfroze” $6 billion in Iran assets in exchange for Iran’s release of five prisoners.

Many believe that the payment of such ransom to belligerent regimes increases the likelihood of a rogue state continuing to take hostages and hold them in Iranian prisons. Many others believe that these funds were ultimately used to supply and help launch the Hamas attack on Israel. The Wall Street Journal has since reported that Iran is indeed behind this attack and plotted it along with Hamas for weeks.

Hamas is a Palestinian group that has grown dramatically in recent years. It seeks to create a single Islamic state in historic Palestine, which is now largely divided between Israel and the Israeli-occupied West Bank and Gaza Strip. Hamas in Arabic means “zealot,” and is an acronym for “Harakat al-Muqawama al-Islamiyya,” or “Islamic Resistance Movement.” The group was founded in 1988 as a militant segment of the Palestinian Arab national movement which became gradually radicalized.

Hamas openly seeks Israel’s destruction and this attack has the same impact in Israel that September 11, 2001 had on the United States. If the Islamic Republic of Iran is indeed behind the funding and/or arming of this attack, the free world has to investigate and come to a definitive conclusion.

Ironically, I began working on this post on the very day Israel was attacked. The irony is that my post is about Cyrus the Great, the Sixth Century BC King of the Persian Empire in what is now modern day Iran. King Cyrus is the subject of a reading from the Prophet Isaiah (45:1) at Sunday Mass on October 22, this year:

“Thus says the Lord to his anointed, to Cyrus, whose right hand I have grasped, to subdue nations before him and ungird the loins of kings, to open doors before him that gates may not be closed.”

Read on, please, because this Cyrus, pulled from the pages of Biblical history as the ancestor of contemporary Iran, was once the salvation of Israel.

In Defense of Religious Liberty

With only rare variations in any given week, between seventy and eighty percent of the readers of Beyond These Stone Walls are in the United States. Typically, until recently, readers in Canada, the United Kingdom, and Australia, comprised most of the remaining twenty to thirty percent. Most recently, this has changed, and the top countries visiting this blog now vary greatly.

I have noticed from weekly traffic reports that readers in other countries actually increase when I write about current events in the United States. It is hard for me to NOT write about some developments especially when they fall within the realm of human rights and religious freedom. If I fail to address what seems to capture the attention of an entire nation, then I feel as though I am overlooking the elephant in the sacristy. It may seem understandable, but nations that are emerging with large numbers of readers of this blog now include Thailand, Singapore, Ukraine (which greatly surprised me), Nepal, Germany and sometimes Israel.

I recently received a snail-mail letter from “Frances” writing from the United Kingdom. She is a long time reader who occasionally comments on my posts. Here is an interesting excerpt from her letter which gave me a bit of much needed perspective:

“A lot of your posts recently have been about the state of your country and upcoming elections. I often consider the differences between our two countries and sometimes I wonder why people are so surprised by public opposition in the USA to the Catholic Church. Here in England, we are still grateful not to be hanged, drawn and quartered, or crushed to death. A practicing Catholic here could not in reality serve as Prime Minister, and it would be very difficult for a Catholic to be a member of Parliament. I think they would have to make too many compromises.

“Some might claim to be Catholic, but looking at what they do and how they vote, that is questionable. We are used to this situation. We take it for granted that we are the ‘outsiders’ swimming against the tide of public opinion, patriotism, and respectability. With the help of God, we just persevere. But in your country now, the Church seems to have gone from being accepted and respected to being persecuted.”

The persecution is not as overt as it was in post-Reformation England. We will not see Catholics hanged, or drawn and quartered. What we will see — what we are about to see — is a shameless display of Catholic accommodations to the political left’s march further left. The present “Catholic” US President comes to mind. So does the current Bishop of San Diego. In a 2020 rebuttal to Father James Altman, that Bishop wrote that denying the Eucharist to a pro-choice Catholic politician means that we must also deny the Eucharist to anyone who does not accept climate change. That bishop has since been elevated by Pope Francis to Cardinal. Sometimes the most stinging assaults on our Faith come from within.

There are other Catholic leaders, however, who have stood out with courage and integrity in defense of Catholic moral teaching. One — though surprising to some — is Cardinal Timothy Dolan, Archbishop of New York, who penned an op-ed in The Wall Street Journal  in 2018 entitled, “The Democrats Abandon Catholics.” It was an honest and faithful assessment of the state of the Democratic Party and its betrayal of Catholics who embrace the Church’s traditional defense of life. Others who come immediately to mind are Cardinal Raymond Burke, and the immensely faithful leader, Bishop Joseph E. Strickland.

In Defense of Jerusalem

It was inspiring to see Cardinal Dolan defend the truth against an anti-Catholic onslaught of biased rhetoric from politicians who court Catholic votes while carrying out a frontal assault on Catholic beliefs. The greatest tragedy to befall the Catholic Church in the United States was to accommodate itself to the culture in which it lives. Church leaders became comfortable in America, then they amassed political power, then they tried to hide the corruption that always accompanies the quest to retain power. There is no more vivid example than the career path of former Cardinal Theodore McCarrick whose distortion of the Church’s mandate for the culture of life was laid bare in my post, “Joe Biden, Cardinal McCarrick and the Betrayal of Life.”

The precarious state of religion in this culture, and especially the state of Catholicism in America, has an important historical precedent. As Pope Francis steers the Church into a Synod on Synodality, a controvery between Tradition and accommodation to culture is leaving us scattered. I raised an important question in my post, “Will Pope Francis Stand Against Catholic Schism?” The great cultural divide threatens to leave one side or the other in exile from this Church. The leadership needed in defense of our Faith does not appear to be coming from the sources we might hope for. When I looked at the Mass readings chosen long ago for the 29th Sunday in Ordinary Time in our liturgical cycle this year, the Prophet Isaiah left me wondering whether we are looking in the right place.

“Thus says the Lord to his anointed, Cyrus, whose right hand I grasp, subduing nations before him, and making kings run in his service, opening doors before him, and leaving the gates unbarred: For the sake of Jacob, my servant, of Israel, my chosen one, I have called you by your name, giving you a title, though you knew me not. I am the Lord and there is no other; there is no God besides me. It is I who arm you, though you know me not, so that toward the rising and the setting of the sun people may know that there is none besides me. I am the Lord. There is no other.”

— Isaiah 45:1, 4-6

The Scripture quote above is the First Reading for the Mass of Sunday October 22 this month. Ordinarily, I would have posted this analysis of it on the Wednesday before, which would be October 18. However, the Gospel Reading on that Sunday refers to a cornerstone of our Faith, so I am posting this a week ahead to accommodate the Gospel.

There is little known of the Prophet Isaiah except that he lived in Jerusalem and his prophetic activity extended from about 740 BC to 701 BC, a period of about forty years. In the passage above, the Lord, through Isaiah, is addressing a man named Cyrus who is called by God and given power and a title, “though you knew me not.” The power and authority given to Cyrus is not for Cyrus, but rather so that “the people may know that there is none besides me. I am the Lord.”

Two centuries after the prophesies of Isaiah, in 597 BC, Israel fell under the armies of Babylonian King Nebuchadnezzar II. This account, told in the Second Book of Kings (Ch. 24ff) resulted in two waves of exile of the Jews into Babylon. In the first wave, in 597 BC, Israel’s leaders were compromised and taken away. This undermining of the leaders was for the purpose of destroying the religious identity of the people. Then, in 586 BC, the real devastation came. Babylon destroyed the Temple and the entire city of Jerusalem, and sent the remaining Jews into exile.

Then, some two centuries after first appearing in the prophecy of Isaiah, God took the right hand of a man named Cyrus, who knew not God, and subdued nations before him, placed kings in his service, opened doors and unbarred gates just as predicted. Cyrus the Great conquered Babylon and all its surrounding regions to become first King of the Persian Empire — which again includes present day Iran. Cyrus did not live a lifestyle that the People of God had any reason to respect. He did not appear to believe in anything but himself.

But Cyrus had one quirky trait that seemed to have been instilled in him by a much Higher Authority. Despite his personally sinful lifestyle and quest for Earthly powers, Cyrus developed a deep respect for the Jews and their Faith, even though he personally shared in none of it. The Lord God had groomed him, knocked down kingdoms before him, so Cyrus did what only the Emperor of the Persian Empire could do. He issued an edict ordering the reconstruction of the city of Jerusalem and its Temple, and he returned the Chosen People from their fifty-year exile in 539 BC to the land of Israel earning him an honored place in Judaism and Salvation History.

The Prophet Ezra and the Decree of Cyrus

The Prophet Isaiah presents Cyrus as appearing in about 545 BC as the hope for Jerusalem. He is bestowed by Isaiah with a rather lofty title, “the anointed of Yahweh.” Such a title marked the beginning of the era of messianic prophecy for Israel. The title would have been seen as a great insult to the Jews, but they came to view Cyrus from his present actions and not his past lifestyle. Isaiah (44:28) expanded his title to “Shepherd of Israel,” in recognition of the strangest trait that was found in him: his almost obsessive insistence on the promotion of religious liberty and the establishment of laws that will guarantee and protect it for the Jewish People and for Israel.

In regard to the restoration of Israel, this hope was fulfilled in 538 BC when Cyrus ordered the protection of the Jews and their return to Jerusalem to oversee the rebuilding of their Temple from the treasury of the Persian Empire. The full text of the Decree of Cyrus appears in the Book of the Prophet Ezra (6:3-5), a passage once doubted for its authenticity but now accepted as authentic by modern Scripture scholars:

“In the first year of Cyrus the King, a decree concerning the House of God in Jerusalem: Let the House be rebuilt, the place where sacrifices are offered and burnt offerings are brought. Its height shall be sixty cubits and its breadth sixty cubits with three courses of great stone and one course of timber. Let the cost be paid from the royal treasury. And also let the gold and silver vessels of the House of God which Nebuchadnezzar took out of the Temple be brought to Babylon to be restored and then returned to the Temple in Jerusalem, each to its place in the House of God.”

— Ezra 6:3-5

The Prophet Ezra went on to describe that some of the restoration of Jerusalem was interrupted by local vassal kings who did not believe that the conquering tyrant, Cyrus, would issue such an order. A complaint was made by a local governor to Darius I, King of Hystaspis, that the Jews were rebuilding the city. Darius then found an authenticated copy of the Decree of Cyrus, and ordered that the Temple and reconstruction of the city will be continued with no further hindrance. This was the same King Darius, by the way, who threw Daniel into the lions’ den (Daniel 6:6ff).

Is there a point of understanding to be considered from all this in our present time? Only you can arrive at such a conclusion. I have already arrived at mine, and I must come down on the side of religious liberty. I am tired of seeing the Little Sisters of the Poor having to defend themselves in never ending court proceedings. I am tired of listening to hapless bishops equate the immorality of 70-million prenatal executions with “climate change.” I shuddered when the Pentagon announced in 2020 that the U.S. Navy would halt all Catholic Masses on Naval bases — a decision that was mercifully reversed from higher up. I shuddered, as should all of you, when I read the FBI memos calling for investigations of Traditional Catholics who were equated with radicalized groups. I was inspired when the immediate past President, in a Cyrus-like gesture, ordered that the United States Embassy to Israel must be restored to its rightful spiritual Capital, Jerusalem.

Our Temple is rebuilt from within ourselves. Catholics must not acquiesce to exile and accommodation to a culture turning from God. Our faith and our vote are not mutually exclusive.

+ + +

The Persian Empire under Cyrus the Great (Courtesy of the United States Military Academy, West Point)

Note from Fr. Gordon MacRae: Thank you for reading and sharing this post. You may also like these related posts from Beyond These Stone Walls:

The Passion of the Christ in an Age of Outrage

The Holy Spirit and the Book of Ruth at Pentecost

Qumran: The Dead Sea Scrolls and the Coming Apocalypse

Left in Afghanistan: Taliban, al Qaeda, ISIS-K, Credibility

The Eucharistic Adoration Chapel established by Saint Maximilian Kolbe was inaugurated at the outbreak of World War II. It was restored as a Chapel of Adoration in September, 2018, the commemoration of the date that the war began. It is now part of the World Center of Prayer for Peace. The live internet feed of the Adoration Chapel at Niepokalanow — sponsored by EWTN — was established just a few weeks before we discovered it and began to include in at Beyond These Stone Walls. Click “Watch on YouTube” in the lower left corner to see how many people around the world are present there with you. The number appears below the symbol for EWTN.

Click or tap here to proceed to the Adoration Chapel.

The following is a translation from the Polish in the image above: “Eighth Star in the Crown of Mary Queen of Peace” “Chapel of Perpetual Adoration of the Blessed Sacrament at Niepokalanow. World Center of Prayer for Peace.” “On September 1, 2018, the World Center of Prayer for Peace in Niepokalanow was opened. It would be difficult to find a more expressive reference to the need for constant prayer for peace than the anniversary of the outbreak of World War II.”

For the Catholic theology behind this image, visit my post, “The Ark of the Covenant and the Mother of God.”

A Year in the Grip of Earthly Powers

A global pandemic, a world in chaos, divisive politics, sheepish shepherds, misguiding lights, Catholic confusion. Even in a year from hell, there was hope.

I offered Midnight Mass in my prison cell this Christmas. It was for the intentions of our readers beyond these stone walls. I much appreciate your presence here at this new site, and I hope you will subscribe. It makes things a lot easier for me.

The First Reading at Midnight Mass this year was from the Prophet Isaiah, and it was both familiar and comforting: “The people who walked in darkness have seen a great light. Upon those who dwelt in the land of gloom, a light has shone” (Isaiah 9:2). Without a doubt it seemed as though Isaiah had walked through this year with me. He went on to bring some perspective to the present darkness: “For the yoke that burdened them, the pole on their shoulder, and the rod of their taskmaster you have smashed ... For a child is born to us, a son is given us. Upon his shoulder dominion rests” (Isaiah 9:4,6).

I thought the Prophet had really nailed my experience of dwelling in the land of gloom that was 2020. Of course, if you have been a regular reader, then you know that I cannot let a cool word like “gloom” pass by without a little digging. It’s a fascinating word with origins both obscure and mysterious. It first came into use in English around the Twelfth Century in the period that we now call Middle English. Unlike about half the vocabulary of that era, gloom has no Latin root, however.

My digging took me to a much older term, “the gloaming,” which arose from Anglo-Saxon tribes in the Fifth Century in the period we call Olde English. The gloaming referred to the dark of night just before the dawn when the first glow of twilight could be seen on the eastern horizon. We in the 21st Century cannot fathom the darkness of the Fifth. The gloaming was a time of both dark and the promise of light. The words, “gloom” and “glow” both arose from it even though they are functionally opposites.

That Midnight Mass excerpt from the Prophet Isaiah was packed with hidden meaning. “Upon those who dwelt in the land of gloom, a light has shown.” The word “dwelt” (or dwelled) also comes from an Olde English term, “dwellan,” which originally meant “to be misled.” How and when it came to refer to a place in which you live is uncertain. It could thus be fair to reinterpret Isaiah’s Christmas prophecy in light of that original meaning: “Upon those misled in the land of gloom, a light has shown.”

Governor of New York, Andrew Cuomo and the Bishop of the Diocese of Syracuse, Bishop Douglas J. Lucia

Misled by Earthly Powers

It is likely, however, that many or even most of you never got to hear that Midnight Mass proclamation from Isaiah because many civil authorities placed severe limits on the practice of your faith in 2020. The contradictions were staggering, but never explained. The coronavirus was extremely contagious in Catholic and other Christian churches, but only minimally during anti-police urban riots this year. Liquor stores (which in my State are all owned by the State) were deemed essential, along with abortion clinics, casinos, etc. Churches were deemed nonessential and saddled with draconian limits.

I believe that many have been misled in the current darkness of 2020, and fear has drawn some of us away from the light. The governors of New York and California, for example, imposed limits on Catholic Masses and other congregations that made no sense. In New York, a church that can accommodate 1,000 people was forced to limit Mass participation to ten, or 25 if the church was in a less infectious zone. Most of the news media has been complicit in furthering such propaganda. The pastor on one small Evangelical congregation began his Sunday service with strip club music while he loosened his tie and threw it into the pews. He explained that strip clubs are open in his state while churches were ordered closed.

I was encouraged recently when the U.S. Supreme Court struck down an edict from New York Governor Cuomo declaring his limits on church attendance to be an unconstitutional infringement on the free exercise of religion as defined in the First Amendment. The Governor dismissed the SCOTUS ruling as “irrelevant and political.”

But then a bigger bomb dropped. After the Supreme Court ruling, the Bishop of Syracuse, Bishop Douglas Lucia, reinstated the very restrictions that the Court said the Governor could not impose. So Masses in churches that could hold 1,000 remained limited to 25. As in many areas, government imposed registration is also required. Even when some civil authorities did not demand this, some bishops imposed it anyway. This memo from the bishop of a large archdiocese was sent to his priests:

“Contact Tracing: Especially during the Christmas season, it is mandatory that each parish maintain a list of all persons attending services in the church including their contact information (i.e. phone number). Such lists shall be placed with parish financial records and maintained for a period of not less than six years.”

It is troubling, at best, that some bishops would confuse the care of souls with the exercise of their own Earthly powers as sheepish deputies of civil authority. I am by no means the first to recognize this troubling trend. I felt a glow of hope when Matthew Hennessey, the Deputy Editorial Features Editor for The Wall Street Journal, addressed this head-on in this OpEd, "No More Bishop Nice Guy" (December 9, 2020):

“We are told that lives have been saved by keeping churches half empty. Do we know how many souls have been lost? As a Catholic raising five children in the faith, I’m particularly concerned wit the future of my church ... It’s inspiring to see ordinary people stand up to bullies like (Governors) Cuomo an Newsom. But what are America’s bishops doing to inspire their flocks? What will they do? We are tired of watching our leaders kneel before junior varsity Caesars ... Show some backbone. Open the churches. Get rid of the sign-up sheets. No more roped off pews. No more 25% capacity ... Be the heroes we need you to be. The alternative is subservience. The alternative is empty pews forever. The pandemic generation may never return.”

— Matthew Hennessey

AMEN!

With prophetic witness early in the pandemic, Father James Altman courageously preached his now famous homily, “Memo to the Bishops of the World.” It came as Catholic Masses across the nation were shutting down and, for many, the Eucharist became inaccessible. It alarmed Father Altman, just as it alarms me, that many of the shutdown orders came, not from governors, but from our bishops. I wrote of this in what I think is the most urgent post of 2020, “The Faithful Departed: Bishops Who Bar Catholics from Mass.”

From Fr. James Altman, “Memo to the Bishops of the World: The Faithful do not need you to look after their bodies. They need you to follow the supreme law of the Church and look after their souls.”

A Year of Pandemic in Prison

I just realized that I began this post with a description of my Christmas Eve Mass this year. Dorothy Rabinowitz did the same in a series in The Wall Street Journal entitled, “The Trials of Father MacRae.” Here is her first paragraph from seven years ago:

“Last Christmas Eve, his 19th behind bars, Catholic priest Gordon MacRae offered Mass in his cell at the New Hampshire state penitentiary. A quarter-ounce of unfermented wine and the host had been provided for the occasion, celebrated with the priest’s cellmate in attendance.”

— Dorothy Rabinowitz, "The Trials of Father MacRae," WSJ

The “cellmate in attendance” then was, of course, Pornchai Moontri. This year is the first time in 15 years that he has not been here with me at Christmas. It is during Mass that his absence is most deeply felt. It is a wound upon my heart that, despite all our valiant efforts, Pornchai remains in ICE detention soon to begin a fifth month beyond his sentence, which had been fully served. It is not too late to join me and Catholic League President Bill Donohue in our petition to the White House to “Help Pornchai Moontri.”

I know I am working backward in my description of the year spent in pandemic mode behind prison walls, but the last four months since Pornchai was taken away have been too busy to grieve.

Besides, I do not want to grieve. I want to rejoice, but I have had to postpone it until he arrives safely in Bangkok. You know from reading these pages all that happened to Pornchai in life. You also know that in the fifteen years in which we lived in the same prison cell, Saint Maximilian Kolbe insinuated himself into our lives in profound and mysterious ways. Together, with the help of Mary, Undoer of Knots, St. Maximilian and I set course to reverse the damage life had inflicted upon my friend who wrote of our lives here in “Pornchai Moontri: Hope and Prayers for My Friend Left Behind.”

By the time Pornchai wrote those parting words to us, he and I had been through many trials together. Some have been recounted in these pages, but many others were not. One of them was our ordeal early in 2020 during which — we now both believe — we both contracted Covid 19.

It was late in January 2020. Everyone around us here had come down with a flu virus that moved among us like a wildfire. I went to work every day — even when I contracted it myself — because there seemed no cause to fear any contagion. Everyone with whom I had contact already had it. For some it seemed just a head cold. For others it was a more serious flu. For me and several others, it was devastating. I was fatigued to the point of collapse, chronically short of breath, and had frequent troubling episodes of cardiac arrhythmias — all what we later learned to be classic symptoms of Covid-19. I had this for all of February and well into March.

Pornchai also had it, but for only three weeks and not as severe. We just toughed it out, rested as much as we could, and looked after some others even worse off. By March, I had to seek medical intervention. I have a lifelong autoimmune disorder called sarcoidosis. It develops painful but otherwise benign tumors on the lymphnodes. The Covid — presumably Covid anyway — caused my immune system to go into overdrive. So I spent several weeks on prednizone to quiet the immune system. I was miserable, and I hope my posts at the time didn’t show it.

Pornchai and I both fully recovered, but I would not want to repeat the experience. To date, 231 prisoners here and 81 staff have tested positive with symptoms. Most went into quarantine, which in prison is quarantine from quarantine and it’s miserable. As the first and biggest wave traveled through the country, it had dire consequences for prisoners and equally so for you in the real world. For a time, my Sunday Mass in my cell was the only Mass offered in the entire state.

Beyond These Stone Walls

In the midst of all this misery, just as Covid was again rampaging, just as Pornchai was leaving, while separation loomed and life in prison became solitary for me, and filled with gloom, someone chose that moment to attack These Stone Walls and bring it down. There were some weeks of unclarity as we pondered what to do. It was also just as the elections in America were elevating to a state of frenzy.

At the end of October this year, we had serious decisions to make. I told Pornchai by telephone in ICE detention that These Stone Walls had come to an end. “It can’t end!” he said forcefully. He asked me, “What would Maximilian do?”

A proposal had been floated by a friend who announced that she had an inkling from some unknown grace to copy all the content from These Stone Walls and preserve it. I had no idea that she had done this. Then she proposed starting anew with a new name and blog format. Connecting with Father George David Byers and me, she chooses to remain in the background while rebuilding this Voice from the Wilderness. I have not yet seen it, but then again, I never saw These Stone Walls either.

Beyond TSW is a work in progress now, and is slowly being built. One feature of this new site format that I especially like is our “BTSW Library.” Instead of just chronologically listing posts by date, the Library displays them in multiple categories such as “Father Gordon MacRae Case,” “Mysteries of History,” “Science & Faith,” etc. like a real library’s card catalog where posts are sorted by subject. We have only a few categories up right now as the site is being rebuilt, but we expect to have at least twenty five. Our volunteer webmaster said that I “have written on so many topics that we could fill a library.” I think that is a polite way of saying that I have never had an unpublished thought!

Pornchai Moontri was thrilled and encouraged when I told him that he will have a category of his own. There was a time when he could not imagine a life beyond these stone walls. Now he cannot imagine life without it.

We have a new “ABOUT” page too, and bigger print! I still have a few things to write about so I hope you will stay, subscribe, and continue to walk in this land of gloom with us. Thank you for being here with us in this year of trials. You have been the glow that we see from beyond at twilight.

May the Lord Bless you and keep you in this New Year.

Father G.

+ + +

Editor's Note: Please share this post with others. You may also like to visit the related posts mentioned in this one:

The Faithful Departed: Bishops Who Bar Catholics from Mass

The Trials of Father MacRae by Dorothy Rabinowitz of the WSJ

Help Pornchai Moontri by Catholic League President Bill Donohue

Pornchai Moontri: Hope and Prayers for My Friend Left Behind

Please share this post!

President Donald Trump’s First Step Act for Prison Reform

Whatever one thinks of President Donald Trump, he brought about a sweeping bipartisan reform for the most alienated citizens of the free world: America’s prisoners.

History sometimes repeats itself in subtle ways. In 587 BC, the Kingdom of Judah fell to Babylonian invaders who destroyed Jerusalem and the Temple and carried off the people of Judah to exile in Babylon. It is one of the mysteries of Sacred Scripture that, two centuries earlier, the Prophet Isaiah wrote about this, and actually named the person — Cyrus — who would show up two centuries later to fix it:

“Thus says the Lord to his anointed: To Cyrus, whose right hand I have grasped to subdue nations before him and ungird the loins of kings, to open doors before him that gates may not be closed.”

— Isaiah 45:1

Two hundred years after that prophecy was set down by Isaiah, a man named Cyrus united the Medes and the Persians to form the great Persian Empire. In 539 BC, fifty years after Babylonians captured Jerusalem, deported the Jews into exile, and destroyed the Temple, Cyrus, and his armies conquered Babylon.

For the Jews in exile, however, Cyrus turned out to be more of a liberator than a conqueror. Though he practiced no faith the Jews could recognize and lived with values deplorable to them, Cyrus carried out exactly what Isaiah had prophesied. He restored the Kingdom of Israel, rebuilt Jerusalem and the Temple, and returned the Jews to their promised land. King Cyrus then published a charter of freedom declaring an end to slavery and oppression and the restoration of religious freedom.

The Prophet Isaiah certainly never envisioned anyone like Donald Trump, but there is a curious sort of parallel in his presidency. He is notorious for having lived with a lifestyle and value system that would be anathema to Evangelical Christians, and yet they have come to see him as a Cyrus-like protector of religious liberty.

Devout Catholics might find some of his value system embarrassing, but he has also embraced the right to life and is transforming the federal courts with pro-life judicial nominees who respect religious liberty, the most fundamental freedom in the First Amendment of the U.S. Constitution. American Jews traditionally identify as Democrats, but many might be thinking of King Cyrus right about now in the wake of a stream of anti-semitism from two new Democratic members of Congress who resist correction. Also like King Cyrus, President Trump restored the American Embassy to Jerusalem, Israel’s traditional capitol for three thousand years.

For my part, I don’t know quite what to make of this president. As I write this, a family member sent me an email declaring, “Right now I am committed to despising Donald Trump and waiting for the day he is charged with treason.” My family is still reeling from a photo of me portraying him in “Assassins’ Deed: My Stage Debut as President Donald Trump.” They were horrified

The President’s First Step Act

Most people have heard of the First Step Act initiated by the Trump White House and signed into law after receiving wide bipartisan support. it is the most significant prison reform initiative in decades, but most people do not know that its title is actually an acronym. First Step = the “Formerly Incarcerated Reenter Society Transformed, Safely Transitioning Every Person.”

This is a bold and very broad initiative that encompasses far more than I could fit into a single TSW post, but as a prisoner, reading the act brought about my own “Cyrus-like” moment. This president, who has been droning on about walls for three years, has set into motion a policy statement for federal prisons that exposes prison walls to some much-needed daylight. Some TSW readers have asked me if this could have an effect on my own imprisonment and over time this is a hopeful notion. For the present, however, the initiative only affects the Federal Bureau of Prisons just as the President’s pardons and commutations power is limited only to federal prisoners.

But this First Step Act is just that, a first step. States often, though sometimes slowly and sometimes begrudgingly, follow what has been adopted by the federal government, however. We can only hope that this president’s bold course of action has a trickle-down effect.

For the moment, the First Step Act is being talked about and implemented in several states, but not yet in the Live Free or Die State where I am in my 25th year of imprisonment. I do not doubt, however, that time will erode that resistance so let’s have a look at what the First Step Act has taken on.

This President has ordered the removal of what prisoners everywhere call “the box” on federal employment applications. Let’s hope this catches on. Mr. Trump has asked that employers in the private sector follow his lead on this. “The Box” is a check-off box on federal job applications that must be checked if a job applicant has ever been convicted of a felony. Even in the best job markets, like the present one, checking “the Box” means a dead end for all but the most menial employment for ex-prisoners.

No matter how long ago an offense had been committed, no matter how much education and rehabilitation the former prisoner has been invested in, no matter that his or her debt to society has been paid in full, checking “the Box” has too often meant chronic unemployment for former prisoners — and even worse, exploitation. Not checking it subjects ex-prisoners to charges of falsifying applications. Its removal is a giant step toward helping former prisoners remain free.

President Trump’s rhetoric on this has also been bold, and against the tide for both Republicans and Democrats. In demanding removal of “the Box” he has stated forcefully that any former prisoner who applies for a job is able to do so because he or she has paid in full a debt to society and their imprisonment has ended.

The First Step Act also funds and implements evidence-based rehabilitation programs to enable prisoners to regain their freedom and to remain free once a sentence is completed. The prejudice in our culture against former prisoners is akin to that against the rights of slaves that I wrote about in “Senator Susan Collins Stokes the Embers of Civil War.” It took a federal edict — Abraham Lincoln’s Emancipation Proclamation — to begin a cascade of events and attitudinal adjustments toward meaningful reforms. “Lock ‘em up and throw away the key” does not reflect a free and enlightened society.

Abandon All Hope, Ye Who Enter Here!

In the current prison system in some states, rehabilitation and restorative justice are dead-ended by laws like New Hampshire’s “Truth in Sentencing.” When that law passed in the early 1980s, it required that a New Hampshire prisoner must serve every single day of his or her imposed prison sentence and nothing a prisoner could do would mitigate that.

The politicians who pushed such a law onto its citizens later justified it by saying that they expected judges to temper their sentences in accord with the new law, but that never happened. Prison became like the “Hotel California.” No one ever leaves, and those who do are so institutionalized by long sentences, and so unprepared for a return to society that they are set up for failure. All incentives for rehabilitation were destroyed, and prisons became mere warehouses of nothing more redemptive than endless punishment.

As a direct result of such laws — and the draconian prison sentences resulting from the Clinton Crime Bill of the 1990s — America’s prison population grew far beyond the capacity of its prisons. The United States has 5% of the world’s population and 25% of the world’s prisoners. This nation imprisons more of its citizens than all 28 countries of the European Union combined.

In the 25 years from 1980 to 2005 in New Hampshire, for example, the State population grew just 34% while its prison population grew almost 600% with no commensurate increase in crime rate. This is entirely because of Truth in Sentencing, and the fact that it overcrowded its prisons with long sentences and no avenue or incentive to mitigate them. Currently, only two states — New Hampshire and Iowa — cling to their Truth in Sentencing laws. They also happen to be the two states at the earliest epicenter of every presidential election.

To try to fix this, New Hampshire passed measures like NH-RSA 651:20 that, on paper at least, provides a forum for prisoners to demonstrate their rehabilitation to the court and earn up to a one-third reduction in sentence. Such reductions, however, are rarely if ever granted by the courts. Judges want legislators to fix this while legislators blame judges for not using discretion — or worse, for abusing discretion — that the law affords them.

In the late 1990s, then NH State Representative Maxwell Sargent wrote in a legislative newsletter of his dismay at the attitude of one judge, Judge Arthur Brennan (who also happened to be the judge who presided over my trial and sentencing). Representative Sargent had been encouraging one young prisoner to work doggedly toward his own rehabilitation and release. Over a decade in prison, the man earned both Bachelor and Masters degrees at his own expense and jumped through every possible hoop to redeem himself. In the end, Judge Brennan dismissed his petition with a blithe, “I’m not at all impressed,” and denied his request for a sentence reduction. The message sent was, “Why bother trying?”

The Injustice of Extreme Prison Sentences

Among the many signs of hope that have followed on the heels of President Trump’s First Step Act has been an increasing clamor of voices to revisit the length of the prison sentences imposed on first-time offenders. One such voice is Colorado Judge Morris Hoffman whose commentary in The Wall Street Journal (Feb. 9, 2019) was entitled, “The Injustice of Extreme Prison Sentences.”

Judge Hoffman wrote of how mandatory minimum sentences required him to impose a 146-year prison term on a teenaged armed robber in 1995. The only person injured in the incident was the teenage robber himself who was shot in the foot. Still, his earliest possible parole date is 2065 at the age of 90. Judge Hoffman reflected on this a bit:

“Since I imposed that sentence 23 years ago, that DA has retired, my children have grown up and had their own children, and my black hair is turning gray. The world saw the mapping of the human genome and the rise of the internet. My teenage robber saw the inside of a prison, and has 48 more years to go.”

Judge Hoffman wrote that many people have celebrated the First Step Act, but warned that it does little to address the American epidemic of overly long prison sentences. Some of his statistics are an eye-opener. According to the Justice Policy Institute, the average length for a first-time offender in Canada is four months; in Finland it is 10 months, in Germany it is 12 months; and in “rugged, individualistic Australia” it is 36 months. The United States leads the Western world with an average length of prison sentence for a first-time offender at 63 months.

I should point out here that when I appeared before Judge Arthur Brennan for sentencing on September 23, 1994, I too was a “first-time offender” though I to this day insist that the offense for which I was sentenced never actually occurred at all. I was sentenced to 804 months, nearly 13 times the national average. I was privileged, however, to publish a comment on Judge Hoffman’s article at WSJ.com with the help of a friend. Here it is:

“It is a good and just thing that Judge Hoffman reflects so candidly on the rampant imposition of extreme prison sentences. Other factors, besides those he mentioned, are the injustices of the plea bargain system, the fact that former prosecutors are over-represented on the judges’ bench, and a profession-wide bias against allowing convicted persons to have a voice. I am perhaps an exception to the latter. I was sentenced in 1994 in the Live Free or Die State to serve 67 years in prison after three times refusing a plea deal, proffered in writing, to serve one year. I am now 65-years old in my 25th year in prison for a crime alleged to have occurred when I was 29, but that never actually occurred at all. Why else would someone decline a single year in prison and risk sixty-seven?”

Judge Morris Hoffman makes a critical distinction about the sentencing of offenders in his court. “We have a duty to punish wrongdoers,” he wrote, “but that duty comes with the obligation not to punish them more than they deserve. Much of our criminal justice system has lost that moral grounding and our use of prisons has become extreme.”

I must add a qualifying principle to that. It is not just the offense that is being punished, but also the offender, and that requires evaluation for factors that may mitigate a sentence. Refusing a one-year plea deal offer may be seen as a defendant having no remorse. It may also be the result of actual innocence, something that too many judges simply never consider.

A far more egregious example is that of Pornchai Moontri who has served 27 years in prison for a crime that he did commit. But today every objective observer of that story agrees that his offense at age 18 was the direct result of extreme conditions that were never evaluated. That memorable story was told in “Pornchai Moontri, Bangkok to Bangor, Survivor of the Night.”

Pornchai has vastly demonstrated that he is no longer the abused and homeless teenager who committed a desperate act on March 21, 1992. He is to be deported upon completion of his sentence in two more years. His only hope for some relief from that sentence – as is mine – was a political solution. Maine’s Republican Governor Paul LePage is leaving office and had the ability to commute those last two years. In various articles, he has spoken of his concern for the homeless and abused, and for victims of domestic violence. He had no political risk whatsoever in evaluating this story, but he reportedly refused to even look.

The First Step Act is a step in the right direction, but only a step. Justice requires taking it out of the hands of politicians and placing it where it belongs — before judges who are permitted the discretion to do what they are supposed to do: judge.

---

Editor’s Note: Please share this important post, but don’t stop here. Learn more about prisons and the potential for restorative justice with these related posts from These Stone Walls:

The Shawshank Redemption and Its Real-World Revision

Prisons for Profit and Other Perversions of Justice

At Play in the Field of the Lord

Cry Freedom: A Prisoner Unlocks Doors from the Inside