John of the Cross was invited by Teresa of Ávila (1515–1582) to join her in reforming the Carmelite Order by returning to a renewed fidelity to prayer, simplicity, and poverty. The priests of the order did not take kindly to the suggestion that they needed reform and demanded that John stop his involvement. John said that he would not stop because he discerned in his heart that God was calling him to continue with this work. The priests responded in a very harsh manner, capturing him and putting him in a small dark prison cell with little protection from the elements. John was imprisoned for nine months. During that time, on a number of occasions, he would be taken out of his cell, stripped to the waist, and whipped.
John felt lost. It wasn’t just because of the severity of his imprisonment. This was the Church! The priests who were mistreating him were people he had emulated. John went through what we could call the traumatization of spirituality, which can be described as a kind of dark night of faith in which we lose experiential access to God’s sustaining presence in the midst of our struggles. [I, Richard, imagine many are going through a similar experience as we learn about the Catholic Church’s extensive cover-up of sexual abuse.]
Trauma is the experience of being powerless to establish a boundary between our self and that which is about to inflict, or is already inflicting, serious harm or even death. It is one of the most acute forms of suffering that a human being can know. It is the experience of imminent annihilation. And so, when your faith in God has been placed in the people who represent God’s presence in your life and those people betray you, you can feel that God has betrayed you. And it is in this dark night that we can learn from God how to find our way to a deeper experience and understanding of God’s sustaining presence, deeper than institutional structures and authority figures.
For John of the Cross, his suffering opened up onto something unexpected. John discovered that although it was true that he could not find refuge from suffering when he was in his prison cell, he also discovered that the suffering he had to endure had no refuge from God’s love that could take the suffering away, but rather permeated the suffering through and through and through and through and through. Love protects us from nothing, even as it unexplainably sustains us in all things. Access to this love is not limited by our finite ideas of what it is or what it should be. Rather, this love overwhelms our abilities to comprehend it, as it so unexplainably sustains us and continues to draw us to itself in all that life might send our way.
This is why John of the Cross encourages us not to lose heart when we are passing through our own hardships, but rather to have faith in knowing and trusting that no matter what might be happening and no matter how painful it might be, God is sustaining us in ways we cannot and do not need to understand. John encourages us that in learning to be patiently transformed in this dark night we come to discover within ourselves, just when everything seems to be lost, that we are being unexplainably sustained by the presence of God that will never lose us. As this painful yet transformative process continues to play itself out in our lives, we can and will discover we are finding our way to the peace of God that surpasses understanding.
In each instance, it has been less than a year since the allegations against these men surfaced, and in each instance, the men have done little in the way of public contrition. When they have apologized, they have done so with carefully worded, legally vetted statements. They have deflected responsibility. They have demonstrated that they don’t really think they’ve done anything wrong. And worse, people have asked for the #MeToo movement to provide a path to redemption for these men, as if it is the primary responsibility of the victimized to help their victimizers find redemption.
“Should a man pay for his misdeeds for the rest of his life?” This is always the question raised when we talk about justice in the case of harassment and rape allegations against public figures. How long should a man who has faced no legal and few financial consequences for such actions pay the price?
I appreciate the idea of restorative justice — that it might be possible to achieve justice through discussing the assault I experienced with the perpetrators and that I might be involved in determining an appropriate punishment for their crime. Restorative justice might afford me the agency they took from me. But I also appreciate the idea of those men spending some time in a prison cell, as problematic as the carceral system is, to think long and hard about the ways in which they violated me. I would like them to face material consequences for their actions because I have been doing so for 30 years. There is a part of me that wants them to endure what I endured. There is a part of me that is not interested in restoration. That part of me is interested in vengeance.
We spend so little energy thinking about justice for victims and so much energy thinking about the men who perpetrate sexual harassment and violence. We worry about what will become of them in the wake of their mistakes. We don’t worry as much about those who have suffered at their hands. It is easier, for far too many people, to empathize with predators than it is to empathize with prey.
.. he has remained in control of the narrative. He gets to break the rules, and then he gets to establish rules of his own when he must answer for his misdeeds.
.. He should pay until he demonstrates some measure of understanding of what he has done wrong and the extent of the harm he has caused. He should attempt to financially compensate his victims for all the work they did not get to do because of his efforts to silence them.
- .. He should facilitate their getting the professional opportunities they should have been able to take advantage of all these years.
- He should finance their mental health care as long as they may need it.
- He should donate to nonprofit organizations that work with sexual harassment and assault victims.
- He should publicly admit what he did and why it was wrong without excuses and legalese and deflection.
.. Whatever private acts of contrition these men, and a few women, might make to their victims demands a corresponding public act of contrition, one offered genuinely, rather than to save face or appease the crowd. Until then, they don’t deserve restorative justice or redemption. That is the price they must pay for the wrong they have done.
There, they put me through something called “the Matrix”: being moved from one cell to another for about 12 continuous hours. It was extremely cold, and all I was allowed to wear underneath the striped uniform I was given was underwear and flip-flops. Guards threw me a bag with old bread, an orange and milk; nothing else was offered, and sleeping was nearly impossible. I laid for hours on cold concrete, only to be hustled abruptly to another cell, and then another. Finally, they put me in chains and moved me to another jail by bus.
.. The rules of the tent city were strict, arbitrary and brutally enforced. There are no newspapers allowed; Arpaio hated newspapers. The only food allowed for those of us in the work furlough program was the food in the vending machines, which was grossly overpriced.
.. But the winter was even worse. During the winter, there were no heaters. Most jackets and heavily insulated pants weren’t allowed; they don’t want you to be comfortable.
.. Those who were in full detention had to wear pink socks, underwear and flip-flops. They ate peanut butter and bread, and the only other meal they received was baloney and bread. They also had the option of “slob,” which was an unknown, disgusting substance that looked like some kind of thick stew and tasted like cardboard. (The poor people in the work furlough program who couldn’t pay for vending-machine food had no choice but to eat it.)
.. How ironic it is, that the immigrant who committed a minor criminal act has to live with a conviction on his record for the rest of his life, while a criminal like Arpaio gets to walk away unscathed for his crimes, which are greater in scale and severity.
For a time, this naming and shaming campaign worked remarkably well and led to less corruption and increased share prices in the companies we invested in. Why? Because President Vladimir Putin and I shared the same set of enemies. When Putin was first elected in 2000, he found that the oligarchs had misappropriated much of the president’s power as well. They stole power from him while stealing money from my investors. In Russia, your enemy’s enemy is your friend, and even though I’ve never met Putin, he would often step into my battles with the oligarchs and crack down on them.
.. After Khodorkovsky’s conviction, the other oligarchs went to Putin and asked him what they needed to do to avoid sitting in the same cage as Khodorkovsky. From what followed, it appeared that Putin’s answer was, “Fifty percent.” He wasn’t saying 50 percent for the Russian government or the presidential administration of Russia, but 50 percent for Vladimir Putin personally. From that moment on, Putin became the biggest oligarch in Russia and the richest man in the world, and my anti-corruption activities would no longer be tolerated... Sergei went out and investigated. He came back with the most astounding conclusion of corporate identity theft: The documents seized by the Interior Ministry were used to fraudulently re-register our Russian investment holding companies to a man named Viktor Markelov, a known criminal convicted of manslaughter. After more digging, Sergei discovered that the stolen companies were used by the perpetrators to misappropriate $230 million of taxes that our companies had paid to the Russian government in the previous year... I had always thought Putin was a nationalist. It seemed inconceivable that he would approve of his officials stealing $230 million from the Russian state. Sergei and I were sure that this was a rogue operation and if we just brought it to the attention of the Russian authorities, the “good guys” would get the “bad guys” and that would be the end of the story... However, instead of arresting the people who committed the crime, Sergei was arrested... Sergei’s captors immediately started putting pressure on him to withdraw his testimony. They put him in cells with 14 inmates and eight beds, leaving the lights on 24 hours a day to impose sleep deprivation. They put him in cells with no heat and no windowpanes, and he nearly froze to death. They put him in cells with no toilet, just a hole in the floor and sewage bubbling up... A week before he was due to have surgery, he was moved to a maximum security prison called Butyrka, which is considered to be one of the harshest prisons in Russia. Most significantly for Sergei, there were no medical facilities there to treat his medical conditions... After more than three months of untreated pancreatitis and gallstones, Sergei Magnitsky went into critical condition. The Butyrka authorities did not want to have responsibility for him, so they put him in an ambulance and sent him to another prison that had medical facilities. But when he arrived there, instead of putting him in the emergency room, they put him in an isolation cell, chained him to a bed, and eight riot guards came in and beat him with rubber batons… In his 358 days in detention, Sergei wrote over 400 complaints detailing his abuse. In those complaints he described who did what to him, as well as where, how, when, and why. He was able to pass his hand-written complaints to his lawyers, who dutifully filed them with the Russian authorities. Although his complaints were either ignored or rejected, copies of them were retained. As a result, we have the most well-documented case of human rights abuse coming out of Russia in the last 35 years.
.. As I thought about it, the murder of Sergei Magnitsky was done to cover up the theft of $230 million from the Russian Treasury. I knew that the people who stole that money wouldn’t keep it in Russia. As easily as they stole the money, it could be stolen from them. These people keep their ill-gotten gains in the West, where property rights and rule of law exist. This led to the idea of freezing their assets and banning their visas here in the West.
.. American families came with big hearts and open arms, taking in children with HIV, Down syndrome, Spina Bifida and other serious ailments. They brought them to America, nursed them, cared for them and loved them. Since the Russian orphanage system did not have the resources to look after these children, many of those unlucky enough to remain in Russia would die before their 18th birthday. In practical terms, this meant that Vladimir Putin sentenced his own, most vulnerable and sick Russian orphans to death in order to protect corrupt officials in his regime.
.. Information from the Panama Papers also links some money from the crime that Sergei Magnitsky discovered and exposed to Sergei Roldugin. Based on the language of the Magnitsky Act, this would make Putin personally subject to Magnitsky sanctions.
.. This is particularly worrying for Putin, because he is one of the richest men in the world. I estimate that he has accumulated $200 billion of ill-gotten gains from these types of operations over his 17 years in power. He keeps his money in the West and all of his money in the West is potentially exposed to asset freezes and confiscation.
.. The second reason why Putin reacted so badly to the passage of the Magnitsky Act is that it destroys the promise of impunity he’s given to all of his corrupt officials.
.. Before the Magnitsky Act, Putin could guarantee them impunity and this system of illegal wealth accumulation worked smoothly. However, after the passage of the Magnitsky Act, Putin’s guarantee disappeared.
.. Boris testified in front of the U.S. Congress, the European Parliament, the Canadian Parliament, and others to make the point that the Magnitsky Act was a “pro-Russian” piece of legislation because it narrowly targeted corrupt officials and not the Russian people. In 2015, Boris Nemtsov was murdered on the bridge in front of the Kremlin.
.. Boris Nemtsov’s protégé, Vladimir Kara-Murza, also traveled to law-making bodies around the world to make a similar case. After Alexander Bastrykin, the head of the Russian Investigative Committee, was added to the Magnitsky List in December of 2016, Vladimir was poisoned. He suffered multiple organ failure, went into a coma and barely survived.
The lawyer who represented Sergei Magnitsky’s mother, Nikolai Gorokhov, has spent the last six years fighting for justice. This spring, the night before he was due in court to testify about the state cover up of Sergei Magnitsky’s murder, he was thrown off the fourth floor of his apartment building. Thankfully he survived and has carried on in the fight for justice.
.. I’ve received many death threats from Russia. The most notable one came from Russian Prime Minister Dmitry Medvedev at the World Economic Forum in Davos, Switzerland, in 2013. When asked by a group of journalists about the death of Sergei Magnitsky, Medvedev replied, “It’s too bad that Sergei Magnitsky is dead and Bill Browder is still alive and free.
.. last year when a group of Russians went on a lobbying campaign in Washington to try to repeal the Magnitsky Act by changing the narrative of what had happened to Sergei. According to them, Sergei wasn’t murdered and he wasn’t a whistle-blower, and the Magnitsky Act was based on a false set of facts.
.. Who was this group of Russians acting on behalf of the Russian state? Two men named Pyotr and Denis Katsyv, a woman named Natalia Veselnitskaya, and a large group of American lobbyists, all of whom are described below... Veselnitskaya, through Baker Hostetler, hired Glenn Simpson of the firm Fusion GPS to conduct a smear campaign against me and Sergei Magnitsky in advance of congressional hearings on the Global Magnitsky Act.
.. As part of Veselnitskaya’s lobbying, a former Wall Street Journal reporter, Chris Cooper of the Potomac Group, was hired to organize the Washington, D.C.-based premiere of a fake documentary about Sergei Magnitsky and myself. This was one the best examples of Putin’s propaganda.