John W. Whitehead, Constitutional Attorney

“If we’re training cops as soldiers, giving them equipment like soldiers, dressing them up as soldiers, when are they going to pick up the mentality of soldiers? If you look at the police department, their creed is to protect and to serve. A soldier’s mission is to engage his enemy in close combat and kill him. Do we want police officers to have that mentality? Of course not.”— Arthur Rizer, former police officer and member of the military

America, you’ve been fooled again.

While the nation has been distracted by a media maelstrom dominated by news of white supremacists, Powerball jackpots, Hurricane Harvey, and a Mayweather v. McGregor fight, the American Police State has been carving its own path of devastation and destruction through what’s left of the Constitution.

We got sucker punched.

First, Congress overwhelmingly passed—and President Trump approved—a law allowing warrantless searches of private property for the purpose of “making inspections, investigations, examinations, and testing.”

For now, the scope of the law is geographically limited to property near the Washington DC Metro system, but mark my words, this is just a way of testing the waters. Under the pretext of ensuring public safety by “inspecting” property in the vicinity of anything that could be remotely classified as impacting public safety, the government could gain access to almost any private property in the country.

Then President Trump, aided and abetted by his trusty Department of Justice henchman Jeff Sessions and to the delight of the nation’s powerful police unions, rolled back restrictions on the government’s military recycling program.

What this means is that police agencies, only minimally deterred by the Obama administration’s cosmetic ban on certain types of military gear, can now go hog-wild.

We’re talking Blackhawk helicopters, machine guns, grenade launchers, battering rams, explosives, chemical sprays, body armor, night vision, rappelling gear, armored vehicles, and tanks.

Clearly, we’re not in Mayberry anymore.

Or if this is Mayberry, it’s Mayberry in The Twilight Zone.

As journalist Benjamin Carlson stresses, “In today’s Mayberry, Andy Griffith and Barney Fife could be using grenade launchers and a tank to keep the peace.”

You remember The Andy Griffith Show, don’t you?

Set in the fictional town of Mayberry, N.C., The Andy Griffith Show portrays the two stars of the show—Sheriff Andy Taylor and his bumbling deputy Barney Fife—as peace officers in the truest sense of the word as opposed to law enforcers.

Both Sheriff Taylor and Deputy Fife dress in khaki uniforms, a far cry from the black, militarized Stormtrooper getups worn by police today. Andy refuses to wear a gun and only allows Barney to wear his gun on the proviso that he keep his single bullet out of the chamber and in his shirt pocket. Most of all, the two lawmen relate to those under their protection as equals, rather than as enemy combatants or inferiors.

Contrast the idyllic Mayberry with the American police state of today, where local police—clad in jackboots, helmets and shields and wielding batons, pepper-spray, stun guns, and assault rifles—have increasingly come to resemble occupying forces in communities across the country.

As Alyssa Rosenberg writes for The Washington Post, “[The Andy Griffith Show] expressed an ideal that has leached out of American pop culture and public policy, to dangerous effect: that the police were part of the communities that they served and shared their fellow citizens’ interests. They were of their towns and cities, not at war with them.”

That’s really what this is about: a war on the American citizenry waged by local law enforcement armed to the teeth with weapons previously only seen on the battlefield

If you thought the militarized police response to Ferguson and Baltimore was bad, brace yourselves.

As investigative journalists Andrew Becker and G.W. Schulz reveal, “Many police, including beat cops, now routinely carry assault rifles. Combined with body armor and other apparel, many officers look more and more like combat troops serving in Iraq and Afghanistan.”

Thanks to Trump, this transformation of America into a battlefield is only going to get worse.

To be fair, Trump did not create this totalitarian nightmare. However, he has legitimized it and, in so doing, has also accelerated the pace at which we fall deeper into the clutches of outright tyranny.

Everything America’s founders warned against—a standing army that would view and treat American citizens as combatants—is fast becoming the norm. Certainly, this lopsided, top-heavy, authoritarian state of affairs is not the balance of power the founders intended for “we the people.”

Yet in the hands of government agents, whether they are members of the military, law enforcement or some other government agency, these weapons of war have become accepted instruments of tyranny, routine parts of America’s day-to-day life, a byproduct of the rapid militarization of law enforcement over the past several decades.

As Becker and Schulz document in their insightful piece, “Local Cops Ready for War With Homeland Security-Funded Military Weapons”:

In Montgomery County, Texas, the sheriff’s department owns a $300,000 pilotless surveillance drone, like those used to hunt down al Qaeda terrorists in the remote tribal regions of Pakistan and Afghanistan. In Augusta, Maine, with fewer than 20,000 people and where an officer hasn’t died from gunfire in the line of duty in more than 125 years, police bought eight $1,500 tactical vests. Police in Des Moines, Iowa, bought two $180,000 bomb-disarming robots, while an Arizona sheriff is now the proud owner of a surplus Army tank.

Under this recycling program, small counties and cities throughout the country have been “gifted” with 20-ton Mine Resistant Ambush Protected (MRAP) vehicles.

MRAPs are built to withstand roadside bombs, a function which seems unnecessary for any form of domestic policing, yet police in Jefferson County, New York, Boise and Nampa, Idaho, as well as High Springs, Florida, have all acquired MRAPs. Police in West Lafayette, Indiana also have an MRAP, valued at half a million dollars.

Universities are getting in on the program as well.

The Ohio State University Department of Public Safety acquired an MRAP, which a university spokesperson said will be used for “officer rescue, hostage scenarios, bomb evaluation,” situations which are not common on OSU’s campus. In fact, it will be used for crowd control at football games.

Almost 13,000 agencies in all 50 states and four U.S. territories participate in the military “recycling” program, and the share of equipment and weaponry gifted each year continues to expand.

In 2011, $500 million worth of military equipment was distributed to law enforcement agencies throughout the country. That number jumped to $546 million in 2012.

Since 1990, $4.2 billion worth of equipment has been transferred from the Defense Department to domestic police agencies through the 1033 program, in addition to various other programs supposedly aimed at fighting the so-called War on Drugs and War on Terror. For example, the Department of Homeland Security has delivered roughly $34 billion to police departments throughout the country since 9/11, ostensibly to purchase more gear for their steady growing arsenals of military weapons and equipment.

Police departments are also receiving grants to create microcosms of the extensive surveillance systems put in place by the federal government in the years since 9/11.

For example, using a $2.6 million grant from the DHS, police in Seattle purchased and setup a “mesh network”throughout the city capable of tracking every Wi-Fi enabled device within range. Police claim it won’t be used for surveillance, but the devices are capable of determining “the IP address, device type, downloaded applications, current location, and historical location of any device that searches for a Wi-Fi signal.”

Now ask yourself: why does a police department which hasn’t had an officer killed in the line of duty in over 125 years in a town of less than 20,000 people need tactical military vests like those used by soldiers in Afghanistan?

Why does a police department in a city of 35,000 people need a military-grade helicopter?

For that matter, what possible use could police at Ohio State University have for acquiring a heavily-armored vehicle intended to withstand IED blasts?

It’s a modern-day Trojan Horse.

Although these federal programs that allow the military to “gift” battlefield-appropriate weapons, vehicles and equipment to domestic police departments at taxpayer expense are being sold to communities as a benefit, the real purpose is to keep the defense industry churning out profits, bring police departments in line with the military, and establish a standing army.

It’s a militarized approach to make-work programs, except in this case, instead of unnecessary busy work to keep people employed, communities across America are finding themselves “gifted” with unnecessary drones, tanks, grenade launchers and other military equipment better suited to the battlefield in order to fatten the bank accounts of the military industrial complex.

Not surprisingly, this trend towards the militarization of domestic police forces has also opened up a new market for military contractors.

You know who gets stuck with the bill for all of this unnecessary military gear, don’t you?

“We the taxpayers,” of course.

First, taxpayers are forced to pay millions of dollars for equipment which the Defense Department purchases from megacorporations only to abandon after a few years. Then taxpayers get saddled with the bill to maintain the costly equipment once it has been acquired by the local police.

It’s like the old adage: “never look a gift horse in the mouth.” The catch is that this gift horse is an expensive and deadly boondoggle.

For instance, although the Tupelo, Miss., police department was “gifted” with a free military helicopter, residents quickly learned that it required “$100,000 worth of upgrades and $20,000 each year in maintenance.”

In addition to being an astounding waste of taxpayer money, this equipping of police with military-grade equipment and weapons also gives rise to a dangerous mindset in which police adopt a warrior-like, more aggressive approach to policing.

The results are deadly.

As a study by researchers at Stanford University makes clear, “When law enforcement receives more military materials — weapons, vehicles and tools — it becomes … more likely to jump into high-risk situations. Militarization makes every problem — even a car of teenagers driving away from a party — look like a nail that should be hit with an AR-15 hammer.”

The danger of giving police high-power toys and weapons is that they will feel compelled to use it in all kinds of situations that would never normally warrant battlefield gear, weapons or tactics.

This “if we have it, we might as well use it” mindset, by the way, is also used to justify assigning SWAT teams to carry out routine law enforcement work such as delivering a warrant. That’s how you end up with SWAT tactics being employed when police are tasked with searching for a stolen koi fish and enforcing barber licensing laws.

Suffice it to say, we’re long past the days of Mayberry when cops were peace officers and recognized their role as public servants, a marked contrast to the climate of entitlement that has cops today acting like overlords and authoritarians.

Change will not come easily.

As I make clear in my book Battlefield America: The War on the American People, the police unions are a powerful force and they will not relinquish their power easily. Connect the dots and you’ll find that most, if not all, attempts to cover up police misconduct or sidestep accountability can be traced back to police unions and the police lobby.

Just look at Trump: he’s been on the police unions’ payroll from the moment they endorsed him for president, and he’s paid them back generously by ensuring that police can kill, shoot, taser, abuse and steal from American citizens with impunity.

Still, the responsibility rests with “we the people.”

As author Ta-Nehisi Coates reminds us:

The truth is that the police reflect America in all of its will and fear, and whatever we might make of this country’s criminal justice policy, it cannot be said that it was imposed by a repressive minority. The abuses that have followed from these policies—the sprawling carceral state, the random detention of black people, the torture of suspects—are the product of democratic will. And so to challenge the police is to challenge the American people who send them into the ghettos armed with the same self-generated fears that compelled the people who think they are white to flee the cities and into the Dream. The problem with the police is not that they are fascist pigs but that our country is ruled by majoritarian pigs.

WC: 2090

 

In asking the Court to review the case of Young v. Borders,Rutherford Institute attorneys denounced a lower court ruling that failed to hold police accountable for banging on the wrong door at 1:30 am, failing to identify themselves as police, and then repeatedly shooting and killing the innocent homeowner who answered the door while holding a gun in self-defense. Although 26-year-old Andrew Scott had committed no crime and never fired a single bullet or lifted his firearm against police, he was gunned down by police who were investigating a speeding incident by engaging in a middle-of-the-night “knock and talk” in Scott’s apartment complex.

In an amicus brief filed with the Supreme Court, Institute attorneys argue that the police violated the Fourth Amendment in conducting the “knock and talk” because the late-night raid at Scott’s home was an abuse of society’s norms and a trespass on Scott’s property. The Institute has also issued constitutional guidelines to educate the public about what they can do to preserve their constitutional rights against the coercive use of “knock and talks” by police as a means of sidestepping the Fourth Amendment’s prohibition against warrantless, unreasonable searches.

The Rutherford Institute’s amicus curiae brief in Young v. Borders is available at www.rutherford.org.

“Government officials insist that there is nothing unlawful, unreasonable or threatening about the prospect of armed police dressed in SWAT gear knocking on doors in the middle of night and ‘asking’ homeowners to engage in warrantless ‘knock-and-talk’ sessions,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “However, as Andrew Scott learned, there’s always a price to pay for saying no to such heavy-handed requests by police. If the courts continue to sanction such aggressive, excessive, coercive tactics, it will give police further incentive to terrorize and kill American citizens without fear of repercussion.”

On July 15, 2012, Deputy Richard Sylvester pursued a speeding motorcyclist, which he later had cause to believe might be armed and had been spotted at a nearby apartment complex. Around 1:30 a.m., Sylvester and three other deputies began knocking on doors in the apartment complex in the vicinity of the parked motorcycle, starting with Apt. 114, which was occupied by Andrew Scott and Amy Young, who were playing video games and had no connection to the motorcycle or any illegal activity. The deputies assumed tactical positions, guns drawn and ready to shoot. Sylvester, without announcing he was a police officer, then banged loudly and repeatedly on the door. Unnerved by the banging at such a late hour, Andrew Scott retrieved his handgun before opening the door. When Scott saw a shadowy figure holding a gun outside his door, he retreated into his apartment only to have Sylvester immediately open fire. Sylvester fired six shots, three of which hit and killed Scott. A trial court subsequently ruled in favor of the police, ruling that Scott was to blame for choosing to retrieve a handgun before opening the door. On appeal, the Eleventh Circuit ruled that Sylvester was protected by “qualified immunity,” reasoning that the use of excessive force did not violate “clearly established law.”

DOCUMENTS

The Rutherford Institute’s amicus curiae brief in Young v. Borders

The Rutherford Institute’s “Constitutional Q&A: Knock-and-Talk Police Tactics”

“We’re run by the Pentagon, we’re run by Madison Avenue, we’re run by television, and as long as we accept those things and don’t revolt we’ll have to go along with the stream to the eventual avalanche…. As long as we go out and buy stuff, we’re at their mercy… We all live in a little Village. Your Village may be different from other people’s Villages, but we are all prisoners.”— Patrick McGoohan

First broadcast in Great Britain 50 years ago, The Prisoner—a dystopian television series described as “James Bond meets George Orwell filtered through Franz Kafka”—confronted societal themes that are still relevant today: the rise of a police state, the freedom of the individual, round-the-clock surveillance, the corruption of government, totalitarianism, weaponization, group think, mass marketing, and the tendency of humankind to meekly accept their lot in life as a prisoner in a prison of their own making.

Perhaps the best visual debate ever on individuality and freedom, The Prisoner (17 episodes in all) centers around a British secret agent who abruptly resigns only to find himself imprisoned, monitored by militarized drones, and interrogated in a mysterious, self-contained, cosmopolitan, seemingly tranquil retirement community known only as the Village. The Village is an idyllic setting with parks and green fields, recreational activities and even a butler.

While luxurious and resort-like, the Village is a virtual prison disguised as a seaside paradise: its inhabitants have no true freedom, they cannot leave the Village, they are under constant surveillance, their movements are tracked by surveillance drones, and they are stripped of their individuality and identified only by numbers.

The series’ protagonist, played by Patrick McGoohan, is Number Six.

Number Two, the Village administrator, acts as an agent for the unseen and all-powerful Number One, whose identity is not revealed until the final episode.

“I am not a number. I am a free man,” was the mantra chanted on each episode of The Prisoner, which was largely written and directed by McGoohan.

In the opening episode (“The Arrival”), Number Six meets Number Two, who explains to him that he is in The Village because information stored “inside” his head has made him too valuable to be allowed to roam free “outside.”

Throughout the series, Number Six is subjected to interrogation tactics, torture, hallucinogenic drugs, identity theft, mind control, dream manipulation, and various forms of social indoctrination and physical coercion in order to “persuade” him to comply, give up, give in and subjugate himself to the will of the powers-that-be.

Number Six refuses to comply.

In every episode, Number Six resists the Village’s indoctrination methods, struggles to maintain his own identity, and attempts to escape his captors. “I will not make any deals with you,” he pointedly remarks to Number Two. “I’ve resigned. I will not be pushed, filed, stamped, indexed, debriefed or numbered. My life is my own.”

Yet no matter how far Number Six manages to get in his efforts to escape, it’s never far enough.

Watched by surveillance cameras and other devices, Number Six’s getaways are continuously thwarted by ominous white balloon-like spheres known as “rovers.” Still, he refuses to give up. “Unlike me,” he says to his fellow prisoners, “many of you have accepted the situation of your imprisonment, and will die here like rotten cabbages.”

Number Six’s escapes become a surreal exercise in futility, each episode an unfunny, unsettling Groundhog’s Day that builds to the same frustrating denouement: there is no escape.

As journalist Scott Thill concludes for Wired, “Rebellion always comes at a price. During the acclaimed run of The Prisoner, Number Six is tortured, battered and even body-snatched: In the episode ‘Do Not Forsake Me Oh My Darling,’ his mind is transplanted to another man’s body. Number Six repeatedly escapes The Village only to be returned to it in the end, trapped like an animal, overcome by a restless energy he cannot expend, and betrayed by nearly everyone around him.”

The series is a chilling lesson about how difficult it is to gain one’s freedom in a society in which prison walls are disguised within the trappings of technological and scientific progress, national security and so-called democracy.

As Thill noted when McGoohan died in 2009, “The Prisoner was an allegory of the individual, aiming to find peace and freedom in a dystopia masquerading as a utopia.”

The Prisoner’s Village is also an apt allegory for the American Police State: it gives the illusion of freedom while functioning all the while like a prison: controlled, watchful, inflexible, punitive, deadly and inescapable.

The American Police State, much like The Prisoner’s Village, is a metaphorical panopticon, a circular prison in which the inmates are monitored by a single watchman situated in a central tower. Because the inmates cannot see the watchman, they are unable to tell whether or not they are being watched at any given time and must proceed under the assumption that they are always being watched.

Eighteenth century social theorist Jeremy Bentham envisioned the panopticon prison to be a cheaper and more effective means of “obtaining power of mind over mind, in a quantity hitherto without example.”

Bentham’s panopticon, in which the prisoners are used as a source of cheap, menial labor, has become a model for the modern surveillance state in which the populace is constantly being watched, controlled and managed by the powers-that-be and funding its existence.

Nowhere to run and nowhere to hide: this is the new mantra of the architects of the police state and their corporate collaborators (Facebook, Amazon, Netflix, Google, Instagram, etc.).

Government eyes are watching you.

They see your every move: what you read, how much you spend, where you go, with whom you interact, when you wake up in the morning, what you’re watching on television and reading on the internet.

Every move you make is being monitored, mined for data, crunched, and tabulated in order to form a picture of who you are, what makes you tick, and how best to control you when and if it becomes necessary to bring you in line.

When the government sees all and knows all and has an abundance of laws to render even the most seemingly upstanding citizen a criminal and lawbreaker, then the old adage that you’ve got nothing to worry about if you’ve got nothing to hide no longer applies.

Apart from the obvious dangers posed by a government that feels justified and empowered to spy on its people and use its ever-expanding arsenal of weapons and technology to monitor and control them, we’re approaching a time in which we will be forced to choose between obeying the dictates of the government—i.e., the law, or whatever a government official deems the law to be—and maintaining our individuality, integrity and independence.

When people talk about privacy, they mistakenly assume it protects only that which is hidden behind a wall or under one’s clothing. The courts have fostered this misunderstanding with their constantly shifting delineation of what constitutes an “expectation of privacy.” And technology has furthered muddied the waters.

However, privacy is so much more than what you do or say behind locked doors. It is a way of living one’s life firm in the belief that you are the master of your life, and barring any immediate danger to another person (which is far different from the carefully crafted threats to national security the government uses to justify its actions), it’s no one’s business what you read, what you say, where you go, whom you spend your time with, and how you spend your money.

Unfortunately, George Orwell’s 1984—where “you had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized”—has now become our reality.

We now find ourselves in the unenviable position of being monitored, managed and controlled by our technology, which answers not to us but to our government and corporate rulers.

Consider that on any given day, the average American going about his daily business will be monitored, surveilled, spied on and tracked in more than 20 different ways, by both government and corporate eyes and ears.

A byproduct of this new age in which we live, whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency, whether the NSA or some other entity, is listening in and tracking your behavior.

This doesn’t even begin to touch on the corporate trackers that monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere.

Stingray devices mounted on police cars to warrantlessly track cell phones, Doppler radar devices that can detect human breathing and movement within in a home, license plate readers that can record up to 1800 license plates per minute, sidewalk and “public space” cameras coupled with facial recognition and behavior-sensing technology that lay the groundwork for police “pre-crime” programs, police body cameras that turn police officers into roving surveillance cameras, the internet of things: all of these technologies add up to a society in which there’s little room for indiscretions, imperfections, or acts of independence—especially not when the government can listen in on your phone calls, monitor your driving habits, track your movements, scrutinize your purchases and peer through the walls of your home.

As French philosopher Michel Foucault concluded in his 1975 book Discipline and Punish, “Visibility is a trap.”

This is the electronic concentration camp—the panopticon prison—the Village—in which we are now caged.

It is a prison from which there will be no escape if the government gets it way.

As Glenn Greenwald notes:

“The way things are supposed to work is that we’re supposed to know virtually everything about what [government officials] do: that’s why they’re called public servants. They’re supposed to know virtually nothing about what we do: that’s why we’re called private individuals. This dynamic – the hallmark of a healthy and free society – has been radically reversed. Now, they know everything about what we do, and are constantly building systems to know more. Meanwhile, we know less and less about what they do, as they build walls of secrecy behind which they function. That’s the imbalance that needs to come to an end. No democracy can be healthy and functional if the most consequential acts of those who wield political power are completely unknown to those to whom they are supposed to be accountable.”

Even now, the Trump Administration is working to make some of the National Security Agency’s vast spying powers permanent.

In fact, Attorney General Jeff Sessions is pushing for Congress to permanently renew Section 702 of the Foreign Intelligence Surveillance Act, which allows government snoops to warrantlessly comb through and harvest vast quantities of our communications.

And just like that, we’re back in the Village, our escape plans foiled, our future bleak.

Except this is no surprise ending: for those who haven’t been taking the escapist blue pill, who haven’t fallen for the Deep State’s phony rhetoric, who haven’t been lured in by the promise of a political savior, we never stopped being prisoners.

So how do we break out?

For starters, wake up. Resist the urge to comply.

The struggle to remain “oneself in a society increasingly obsessed with conformity to mass consumerism,” writes Steven Paul Davies, means that superficiality and image trump truth and the individual. The result is the group mind and the tyranny of mob-think.

Think for yourself. Be an individual. As McGoohan commented in 1968, “At this moment individuals are being drained of their personalities and being brainwashed into slaves… As long as people feel something, that’s the great thing. It’s when they are walking around not thinking and not feeling, that’s tough. When you get a mob like that, you can turn them into the sort of gang that Hitler had.”

In a media-dominated age in which the lines between entertainment, politics and news reporting are blurred, it is extremely difficult to distinguish fact from fiction. We are so bombarded with images, dictates, rules and punishments and stamped with numbers from the day we are born that it is a wonder we ever ponder a concept such as freedom. As McGoohan declared, “Freedom is a myth.”

In the end, as I make clear in my book Battlefield America: The War on the American People, we are all prisoners of our own mind.

In fact, it is in the mind that prisons are created for us. And in the lockdown of political correctness, it becomes extremely difficult to speak or act individually without being ostracized. Thus, so often we are forced to retreat inwardly into our minds, a prison without bars from which we cannot escape, and into the world of video games and television and the Internet.

We have come full circle from Bentham’s Panopticon to McGoohan’s Village to Huxley’s Brave New World.

As cultural theorist Neil Postman observed:

What Orwell feared were those who would ban books. What Huxley feared was that there would be no reason to ban a book, for there would be no one who wanted to read one. Orwell feared those who would deprive us of information. Huxley feared those who would give us so much that we would be reduced to passivity and egoism. Orwell feared we would become a captive audience. Huxley feared the truth would be drowned in a sea of irrelevance. Orwell feared that we would become a captive culture. Huxley feared we would become a trivial culture, preoccupied with some equivalent of the feelies, the orgy porgy, and the centrifugal bumblepuppy. As Huxley remarked in Brave New World Revisited, the civil libertarians and rationalists who are ever on the alert to oppose tyranny “failed to take into account man’s almost infinite appetite for distractions.” In Brave New World, they are controlled by inflicting pleasure. In short, Orwell feared that what we hate would ruin us. Huxley feared that what we love will ruin us.

You want to be free? Break out of the circle.

WC: 2356