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The Case of Dr. Malachi York: The Man in the West African Spotlight

There have been many conflicting stories regarding who Dr. Malachi York is. During the period between the 1950s and the early 2000s, there were a number of men and women who stood up against grave injustices against the African American community in the United States.   

That list of these individuals extends from Dr. Martin Luther King Jr, Malcolm X, Clarence 13 X, Dr. Khalid Muhammad, Stokely Carmichael, H. Rap Brown, Angela Davis, Bobby Seale, Hewey P Newton, Medgar Evans, James Baldwin, Dick Gregory and many, many more.  Some of these individuals introduced radical new ideas that helped people who couldn’t fit in anywhere find a home and a group of people that they were most comfortable with.

However, Dr. Malachi Z York also known as Dwight York took a very unorthodox approach to reaching this African American community through his over 750 books written, published, and distributed through his own publishing company going back to his first books called the Mechanics of the Mind, Bible Interpretations and Explanations, and Behind the Nine Ball, published between the years of 1967– 1971 under the moniker Amunubi Rahkaptah by THOSE WHO CARE NY, NY. 

These books taught heavily about unifying as Africans as well as touching on many controversial issues concerning religions, religious beliefs, extraterrestrial life, and secret societies.  Dr. York was most recently featured in People Magazine and Discovery ID’s documentary on cults; he has been said to have been convicted of child molestation and rape but according to court records rape but according to court records rape nor child molestation was never one of his federal charges.

Who is Dr. York and where was he born has been a subject of much controversy. The details about his birth are slightly complicated, though claims have been made that he was born in Boston, Massachusetts in 1945. However, a search was conducted through The Commonwealth of Massachusetts Registry of Vital Records and Statistics on April 23, 2009 in which the State Department of Public Health produced a Certificate that states the following:

“This is to certify that a search has been made of the records in this office for Dwight York throughout the records of the Commonwealth of the years 1941-1950, and that said record has not been found.”

According to Dr. York’s son, Dwight Totten York, he stated in an affidavit that the mix-up on the issues of identity and status began in the early 1990s when Dr. York purchased land in Eatonton, Georgia which became one of the centerpieces around the dispute between Dr. York his supporters and the City of Eatonton and the County of Putnam in the State of Georgia. 

In an affidavit written by Dwight Totten York under oath on April 9, 2009, he said: “I, Dwight Totten, A.K.A. Dwight T. York, attest to the fact that I did sign documents for my father Malachi York in the name of Dwight York within Putnam County, Georgia, for permits and deed recordings which is the reason some documents say my name Dwight York and some names say Malachi York and some say both.”

Though there has been much speculation about his birth, his place of Nationality is the focus of today’s spotlight according to court records in both the Republic of Liberia and the Federal Court in the United States particularly the 11th Circuit Court of Appeals in Atlanta Georgia, Dr. Malachi York naturalized as a citizen to the Republic of Liberia on November 26, 1999 and was subsequently appointed to the post of Consul General by former President Charles Taylor on December 15, 1999.  

The Republic of Liberia was a nation formed by African Americans in the 1800s through the American Colonization Society which provided support for these African Americans and indigenous Americans to relocate into West Africa to find relief from the racism and discrimination that was happening in the United States during these post slavery years.

When the country formed itself and claimed independence in 1847 its constitution read that only people of Negro descent could become citizens.

Dr. York was later arrested on May 8, 2002 during a highly publicized raid of his property and two years after convicted of Racketeering, Transporting Minors in Interstate Commerce to Engage in Unlawful Sexual Activity and Structuring Cash Transactions to Evade Currency Transactions Reporting Requirements.

He was convicted and sentenced in 2004 to 135 years in prison. He has spent the last 17 years in prison; 13 years of which he has been in Solitary Confinement in the USP Florence ADMAX facility which some call the “Alcatraz of the Rockies”. 

Prior to Dr. York taking his appeal, and after officials of the Republic of Liberia viewed a recantation of one of the United States key witnesses on video and in affidavit under oath stating that Dr. York was innocent and that she perjured herself during the trial, the Republic of Liberia began to intercede through diplomatic overtures on Dr York’s behalf.

On June 30, 2004 the acting Minister of Foreign Affairs at the time Abel Momulu Massalay made a request to the United States Department of State for Dr. York’s repatriation back to Liberia his country of naturalization. On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights.

It has been translated into more than 350 languages worldwide, and more than 100 African languages. Article 15 section 2 states: “No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.” 

On July 21, 2004 a Declaratory Judgment was handed down in Dr. York’s favor in the Republic of Liberia’s Sixth Circuit Judicial Court stating that the Republic of Liberia by and through its constitution was obligated to protect Dr. York where it states on page 2 of the judgment:

“The fact of Petitioner’s appointment is not in dispute. Hence Petitioner squarely falls under our domestic and International Laws and the Vienna Convention on Diplomatic Relations immune diplomatic personnel against arrest and detention.” It goes on to say on Page 3:

‘“States have jurisdiction over their nationals, even when those nationals are physically outside the country’s borders. This is so because the nationals owe allegiance to his own country no matter where he or she is located and because each nation has both responsibility to other nations for the conduct of its nationals and interest in their welfare while they are abroad.”

In view of the above quoted law, it is the further holding of this Court that Petitioner is entitled as a matter of law and right to the protection of Respondent.

On August 17, 2004 the Ministry of Foreign Affairs reacted by appointing three attorneys to intercede on Dr. York’s behalf and again sent communication to the United States Embassy in Monrovia in the form of a Diplomatic Note a request for Dr. York’s repatriation as a Citizen and Diplomatic agent for the Republic of Liberia.

On March 9, 2005 these three attorneys appointed by the Republic of Liberia filed an Amicus Brief through its Ministry of Justice, Assistant Minister Morris Kaba, Attorney Jenkins B Scott for the Ministry of Foreign Affairs and Consular Francis Y.S. Garlawolu, on behalf of Dr. Malachi York stating 3 points: Dwight York aka Malachi Z. York is a citizen of the Republic of Liberia, West Africa and is subject to Deportation and Repatriation according to the Anti-Terrorism Act of 1996 and a Bilateral Agreement signed between the United States of America and the Republic of Liberia, West Africa; the verdict of the empanelled jury is against the weight of the evidence adduced at trial and in the instant case there is an element of reasonable doubt that entitles the defendant to an acquittal; the sentence of 135 years imprisonment is disproportionate with the penalty of such offense under Liberian Law; the defendant was sentenced under Federal Sentencing Guidelines that have been Rule Unconstitutional as Applied in this Case.

This was filed at the 11th Circuit of Appeals in Atlanta Georgia during Dr. York’s appellate case in the United States under docket number 02-00027-CR-CAR-5-1. The United States Department of Justice did respond through the United States Attorney Maxwell Wood and Assistant United States Attorney Dean S. Daskal, where they requested the 11th Circuit of Appeals to move forward without the intervention of the Republic of Liberia, it states on page 2:

“Accordingly, in the absence of intercession by the U.S. Department of State with the U.S. Department of Justice, this proceeding should go forward without the participation of the Republic of Liberia.”
The judge agreed with the United States and rendered the filing of the Republic of Liberia moot. The question is, will the Republic of Liberia continue to request for Dr. York’s release and repatriation and if so, will the United States Department of State concede. Currently there is a page dedicated to the freedom of Dr. York on Facebook that has been consistently posting information www.facebook.com/helpfreedryork.

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