Archive for September, 2017

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

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

PUBLICATION GUIDELINES / REPRINT PERMISSION

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission. This commentary originally appeared at: http://rutherford.org/publications_resources/john_whiteheads_commentary/battlefield_america_is_the_new_normal_were_not_in_mayberry_anymore.

 

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WASHINGTON, D.C. — Warning of the danger to the public from the increasing use of “knock and talk” tactics by police, The Rutherford Institute has asked the United States Supreme Court to rein in aggressive “knock and talk” practices, which have become thinly veiled, warrantless attempts by which citizens are coerced and intimidated into “talking” with heavily armed police who “knock” on their doors in the middle of the night.

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 minutesidewalk and “public space” cameras coupled with facial recognition and behavior-sensing technology that lay the groundwork for police “pre-crime” programspolice 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

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

PUBLICATION GUIDELINES / REPRINT PERMISSION

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission. The original article appeared at www.rutherford.org.

 

“The Fourth Amendment was designed to stand between us and arbitrary governmental authority. For all practical purposes, that shield has been shattered, leaving our liberty and personal integrity subject to the whim of every cop on the beat, trooper on the highway and jail official.”—Herman Schwartz, The Nation

Our freedoms—especially the Fourth Amendment—are being choked out by a prevailing view among government bureaucrats that they have the right to search, seize, strip, scan, shoot, spy on, probe, pat down, taser, and arrest any individual at any time and for the slightest provocation.

Forced cavity searches, forced colonoscopies, forced blood draws, forced breath-alcohol tests, forced DNA extractions, forced eye scans, forced inclusion in biometric databases: these are just a few ways in which Americans are being forced to accept that we have no control over our bodies, our lives and our property, especially when it comes to interactions with the government.

Worse, on a daily basis, Americans are being made to relinquish the most intimate details of who we are—our biological makeup, our genetic blueprints, and our biometrics (facial characteristics and structure, fingerprints, iris scans, etc.)—in order to clear the nearly insurmountable hurdle that increasingly defines life in the United States: we are now guilty until proven innocent.

Such is life in America today that individuals are being threatened with arrest and carted off to jail for the least hint of noncompliance, homes are being raided by police under the slightest pretext, property is being seized on the slightest hint of suspicious activity, and roadside police stops have devolved into government-sanctioned exercises in humiliation and degradation with a complete disregard for privacy and human dignity.

Consider, for example, what happened to Utah nurse Alex Wubbels after a police detective demanded to take blood from a badly injured, unconscious patient without a warrant.

Wubbels refused, citing hospital policy that requires police to either have a warrant or permission from the patient in order to draw blood. The detective had neither. Irate, the detective threatened to have Wubbels arrested if she didn’t comply. Backed up by her supervisors, Wubbels respectfully stood her ground only to be roughly grabbed, shoved out of the hospital, handcuffed and forced into an unmarked car while hospital police looked on and failed to intervene (take a look at the police body camera footage, which has gone viral, and see for yourself).

Michael Chorosky didn’t have an advocate like Wubbels to stand guard over his Fourth Amendment rights. Chorosky was surrounded by police, strapped to a gurney and then had his blood forcibly drawn after refusing to submit to a breathalyzer test. “What country is this? What country is this?” cried Chorosky during the forced blood draw.

What country is this indeed?

Unfortunately, forced blood draws are just the tip of the iceberg when it comes to the indignities and abuses being heaped on Americans in the so-called name of “national security.”

Forced cavity searches, forced colonoscopies and forced roadside strip searches are also becoming par for the course in an age in which police are taught to have no respect for the citizenry’s bodily integrity whether or not a person has done anything wrong.

For example, 21-year-old Charnesia Corley was allegedly being pulled over by Texas police in 2015 for “rolling” through a stop sign. Claiming they smelled marijuana, police handcuffed Corley, placed her in the back of the police cruiser, and then searched her car for almost an hour. No drugs were found in the car.

As the Houston Chronicle reported:

Returning to his car where Corley was held, the deputy again said he smelled marijuana and called in a female deputy to conduct a cavity search. When the female deputy arrived, she told Corley to pull her pants down, but Corley protested because she was cuffed and had no underwear on. The deputy ordered Corley to bend over, pulled down her pants and began to search her. Then…Corley stood up and protested, so the deputy threw her to the ground and restrained her while another female was called in to assist. When backup arrived, each deputy held one of Corley’s legs apart to conduct the probe.

The cavity search lasted 11 minutes. This practice is referred to as “rape by cop.”

Although Corley was charged with resisting arrest and with possession of 0.2 grams of marijuana, those charges were subsequently dropped.

David Eckert was forced to undergo an anal cavity search, three enemas, and a colonoscopy after allegedly failing to yield to a stop sign at a Wal-Mart parking lot. Cops justified the searches on the grounds that they suspected Eckert was carrying drugs because his “posture [was] erect” and “he kept his legs together.” No drugs were found.

During a routine traffic stop, Leila Tarantino was subjected to two roadside strip searches in plain view of passing traffic, while her two children—ages 1 and 4—waited inside her car. During the second strip search, presumably in an effort to ferret out drugs, a female officer “forcibly removed” a tampon from Tarantino. No contraband or anything illegal was found.

Thirty-eight-year-old Angel Dobbs and her 24-year-old niece, Ashley, were pulled over by a Texas state trooper on July 13, 2012, allegedly for flicking cigarette butts out of the car window. Insisting that he smelled marijuana, the trooper proceeded to interrogate them and search the car. Despite the fact that both women denied smoking or possessing any marijuana, the police officer then called in a female trooper, who carried out a roadside cavity search, sticking her fingers into the older woman’s anus and vagina, then performing the same procedure on the younger woman, wearing the same pair of gloves. No marijuana was found.

Sixty-nine-year-old Gerald Dickson was handcuffed and taken into custody (although not arrested or charged with any crime) after giving a ride to a neighbor’s son, whom police suspected of being a drug dealer. Despite Dickson’s insistence that the bulge under his shirt was the result of a botched hernia surgery, police ordered Dickson to “strip off his clothes, bend over and expose all of his private parts. No drugs or contraband were found.”

Meanwhile, four Milwaukee police officers were charged with carrying out rectal searches of suspects on the street and in police district stations over the course of several years. One of the officers was accused of conducting searches of men’s anal and scrotal areas, often inserting his fingers into their rectums and leaving some of his victims with bleeding rectums.

It’s gotten so bad that you don’t even have to be suspected of possessing drugs to be subjected to a strip search.

A North Carolina public school allegedly strip-searched a 10-year-old boy in search of a $20 bill lost by another student, despite the fact that the boy, J.C., twice told school officials he did not have the missing money. The assistant principal reportedly ordered the fifth grader to disrobe down to his underwear and subjected him to an aggressive strip-search that included rimming the edge of his underwear. The missing money was later found in the school cafeteria.

Suspecting that Georgia Tech alum Mary Clayton might have been attempting to smuggle a Chick-Fil-A sandwich into the football stadium, a Georgia Tech police officer allegedly subjected the season ticket-holder to a strip search that included a close examination of her underwear and bra. No contraband chicken was found.

What these incidents show is that while forced searches may span a broad spectrum of methods and scenarios, the common denominator remains the same: a complete disregard for the rights of the citizenry.

In fact, in the wake of the U.S. Supreme Court’s ruling in Florence v. Burlison, any person who is arrested and processed at a jail house, regardless of the severity of his or her offense (i.e., they can be guilty of nothing more than a minor traffic offense), can be subjected to a strip search by police or jail officials without reasonable suspicion that the arrestee is carrying a weapon or contraband.

Examples of minor infractions which have resulted in strip searches include: individuals arrested for driving with a noisy muffler, driving with an inoperable headlight, failing to use a turn signal, riding a bicycle without an audible bell, making an improper left turn, and engaging in an antiwar demonstration (the individual searched was a nun, a Sister of Divine Providence for 50 years).

Police have also carried out strip searches for passing a bad check, dog leash violations, filing a false police report, failing to produce a driver’s license after making an illegal left turn, having outstanding parking tickets, and public intoxication. A failure to pay child support can also result in a strip search.

As technology advances, these searches are becoming more invasive on a cellular level, as well.

For instance, close to 600 motorists leaving Penn State University one Friday night were stopped by police and, without their knowledge or consent, subjected to a breathalyzer test using flashlights that can detect the presence of alcohol on a person’s breath. These passive alcohol sensors are being hailed as a new weapon in the fight against DUIs. (Those who refuse to knowingly submit to a breathalyzer test are being subjected to forced blood draws. Thirty states presently allow police to do forced blood draws on drivers as part of a nationwide “No Refusal” initiative funded by the federal government. Not even court rulings declaring such practices to be unconstitutional in the absence of a warrant have slowed down the process. Now police simply keep a magistrate on call to rubber stamp the procedure over the phone.)

The National Highway Safety Administration, the same government agency that funds the “No Refusal” DUI checkpoints and forcible blood draws, is also funding nationwide roadblocks aimed at getting drivers to “voluntarily” provide police with DNA derived from saliva and blood samples, reportedly to study inebriation patterns. In at least 28 states, there’s nothing voluntary about having one’s DNA collected by police in instances where you’ve been arrested, whether or not you’re actually convicted of a crime. All of this DNA data is being fed to the federal government.

Airline passengers, already subjected to virtual strip searches, are now being scrutinized even more closely, with the Customs and Border Protection agency tasking airport officials with monitoring the bowel movements of passengers suspected of ingesting drugs. They even have a special hi-tech toilet designed to filter through a person’s fecal waste.

Iris scans, an essential part of the U.S. military’s boots-on-the-ground approach to keeping track of civilians in Iraq and Afghanistan, are becoming a de facto method of building the government’s already mammoth biometrics database. Funded by the Dept. of Justice, along with other federal agencies, the iris scan technology is being incorporated into police precincts, jails, immigration checkpoints, airports and even schools. School officials—from elementary to college—have begun using iris scans in place of traditional ID cards. In some parts of the country, parents wanting to pick their kids up from school have to first submit to an iris scan.

As for those endless pictures everyone so cheerfully uploads to Facebook (which has the largest facial recognition database in the world) or anywhere else on the internet, they’re all being accessed by the police, filtered with facial recognition software, uploaded into the government’s mammoth biometrics database and cross-checked against its criminal files. With good reason, civil libertarians fear these databases could “someday be used for monitoring political rallies, sporting events or even busy downtown areas.”

While the Fourth Amendment was created to prevent government officials from searching an individual’s person or property without a warrant and probable cause—evidence that some kind of criminal activity was afoot—the founders could scarcely have imagined a world in which we needed protection against widespread government breaches of our privacy, including on a cellular level.

Yet that’s exactly what we are lacking and what we so desperately need.

Unfortunately, the indignities being heaped upon us by the architects and agents of the American police state—whether or not we’ve done anything wrong—are just a foretaste of what is to come.

As I make clear in my book Battlefield America: The War on the American People, the government doesn’t need to tie you to a gurney and forcibly take your blood or strip you naked by the side of the road in order to render you helpless. It has other methods—less subtle perhaps but equally humiliating, devastating and mind-altering—of stripping you of your independence, robbing you of your dignity, and undermining your rights.

With every court ruling that allows the government to operate above the rule of law, every piece of legislation that limits our freedoms, and every act of government wrongdoing that goes unpunished, we’re slowly being conditioned to a society in which we have little real control over our bodies or our lives.

WC: 2146

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

PUBLICATION GUIDELINES / REPRINT PERMISSION

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission. This commentary originally appeared at http://rutherford.org/publications_resources/john_whiteheads_commentary/what_country_is_this_forced_blood_draws_cavity_searches_and_colonoscopies.

 

“I tell you, freedom and human rights in America are doomed. The U.S. government will lead the American people in — and the West in general — into an unbearable hell and a choking life.”—Osama bin Laden (October 2001)

Ironically, during the same week that we mark the 16th anniversary of the 9/11 attacks, we find ourselves commemorating the 230th anniversary of the U.S. Constitution.

While there has been much to mourn about the loss of our freedoms in the years since 9/11, there has been very little to celebrate. Indeed, we have gone from being a nation that took great pride in serving as a model of a representative democracy to being a model of how to persuade a freedom-loving people to march in lockstep with a police state.

What began with the passage of the USA Patriot Act in the wake of the 9/11 attacks has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse.

Since then, we have been terrorized, traumatized, and tricked into a semi-permanent state of compliance. The bogeyman’s names and faces change over time, but the end result remains the same: our unquestioning acquiescence to anything the government wants to do in exchange for the phantom promise of safety and security.

All the while, the Constitution has been steadily chipped away at, undermined, eroded, whittled down, and generally discarded to such an extent that what we are left with today is but a shadow of the robust document adopted more than two centuries ago. Most of the damage, however, has been inflicted upon the Bill of Rights—the first ten amendments to the Constitution—which historically served as the bulwark from government abuse.

Set against a backdrop of government surveillance, militarized police, SWAT team raids, asset forfeiture, eminent domain, overcriminalization, armed surveillance drones, whole body scanners, stop and frisk searches, roving VIPR raids and the like—all sanctioned by Congress, the White House, the courts and the like—a recitation of the Bill of Rights would understandably sound more like a eulogy to freedoms lost than an affirmation of rights we truly possess.

We can pretend that the Constitution, which was written to hold the government accountable, is still our governing document. However, the reality we must come to terms with is that in the America we live in today, the government does whatever it wants, freedom be damned.

Here is what it means to live under the Constitution today.

The First Amendment is supposed to protect the freedom to speak your mind, assemble and protest nonviolently without being bridled by the government. It also protects the freedom of the media, as well as the right to worship and pray without interference. In other words, Americans should not be silenced by the government. To the founders, all of America was a free speech zone.

Despite the clear protections found in the First Amendment, the freedoms described therein are under constant assault. Increasingly, Americans are being arrested and charged with bogus “contempt of cop” charges such as “disrupting the peace” or “resisting arrest” for daring to film police officers engaged in harassment or abusive practices. Journalists are being prosecuted for reporting on whistleblowers. States are passing legislation to muzzle reporting on cruel and abusive corporate practices. Religious ministries are being fined for attempting to feed and house the homeless. Protesters are being tear-gassed, beaten, arrested and forced into “free speech zones.” And under the guise of “government speech,” the courts have reasoned that the government can discriminate freely against any First Amendment activity that takes place within a government forum.

The Second Amendment was intended to guarantee “the right of the people to keep and bear arms.” Essentially, this amendment was intended to give the citizenry the means to resist tyrannical government. Yet while gun ownership has been recognized by the U.S. Supreme Court as an individual citizen right, Americans remain powerless to defend themselves against SWAT team raids and government agents armed to the teeth with military weapons better suited for the battlefield. As such, this amendment has been rendered null and void.

The Third Amendment reinforces the principle that civilian-elected officials are superior to the military by prohibiting the military from entering any citizen’s home without “the consent of the owner.” With the police increasingly training like the military, acting like the military, and posing as military forces—complete with military weapons, assault vehicles, etc.—it is clear that we now have what the founders feared most—a standing army on American soil.

The Fourth Amendment prohibits the government from conducting surveillance on you or touching you or invading you, unless they have some evidence that you’re up to something criminal. In other words, the Fourth Amendment ensures privacy and bodily integrity. Unfortunately, the Fourth Amendment has suffered the greatest damage in recent years and has been all but eviscerated by an unwarranted expansion of police powers that include strip searches and even anal and vaginal searches of citizens, surveillance and intrusions justified in the name of fighting terrorism, as well as the outsourcing of otherwise illegal activities to private contractors.

The Fifth Amendment and the Sixth Amendment work in tandem. These amendments supposedly ensure that you are innocent until proven guilty, and government authorities cannot deprive you of your life, your liberty or your property without the right to an attorney and a fair trial before a civilian judge. However, in the new suspect society in which we live, where surveillance is the norm, these fundamental principles have been upended. Certainly, if the government can arbitrarily freeze, seize or lay claim to your property (money, land or possessions) under government asset forfeiture schemes, you have no true rights.

The Seventh Amendment guarantees citizens the right to a jury trial. Yet when the populace has no idea of what’s in the Constitution—civic education has virtually disappeared from most school curriculums—that inevitably translates to an ignorant jury incapable of distinguishing justice and the law from their own preconceived notions and fears. However, as a growing number of citizens are coming to realize, the power of the jury to nullify the government’s actions—and thereby help balance the scales of justice—is not to be underestimated. Jury nullification reminds the government that “we the people” retain the power to ultimately determine what laws are just.

The Eighth Amendment is similar to the Sixth in that it is supposed to protect the rights of the accused and forbid the use of cruel and unusual punishment. However, the Supreme Court’s determination that what constitutes “cruel and unusual” should be dependent on the “evolving standards of decency that mark the progress of a maturing society” leaves us with little protection in the face of a society lacking in morals altogether.

The Ninth Amendment provides that other rights not enumerated in the Constitution are nonetheless retained by the people. Popular sovereignty—the belief that the power to govern flows upward from the people rather than downward from the rulers—is clearly evident in this amendment. However, it has since been turned on its head by a centralized federal government that sees itself as supreme and which continues to pass more and more laws that restrict our freedoms under the pretext that it has an “important government interest” in doing so.

As for the Tenth Amendment’s reminder that the people and the states retain every authority that is not otherwise mentioned in the Constitution, that assurance of a system of government in which power is divided among local, state and national entities has long since been rendered moot by the centralized Washington, DC, power elite—the president, Congress and the courts. Indeed, the federal governmental bureaucracy has grown so large that it has made local and state legislatures relatively irrelevant. Through its many agencies and regulations, the federal government has stripped states of the right to regulate countless issues that were originally governed at the local level.

If there is any sense to be made from this recitation of freedoms lost, it is simply this: our individual freedoms have been eviscerated so that the government’s powers could be expanded.

Yet those who gave us the Constitution and the Bill of Rights believed that the government exists at the behest of its citizens. It is there to protect, defend and even enhance our freedoms, not violate them.

It was no idle happenstance that the Constitution opens with these three powerful words: “We the people.” As the Preamble proclaims:

We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this CONSTITUTION for the United States of America.

In other words, we have the power to make and break the government. We are the masters and they are the servants. We the American people—the citizenry—are the arbiters and ultimate guardians of America’s welfare, defense, liberty, laws and prosperity.

Still, it’s hard to be a good citizen if you don’t know anything about your rights or how the government is supposed to operate.

As the National Review rightly asks, “How can Americans possibly make intelligent and informed political choices if they don’t understand the fundamental structure of their government? American citizens have the right to self-government, but it seems that we increasingly lack the capacity for it.”

Americans are constitutionally illiterate.

Most citizens have little, if any, knowledge about their basic rights. And our educational system does a poor job of teaching the basic freedoms guaranteed in the Constitution and the Bill of Rights. For instance, when Newsweek asked 1,000 adult U.S. citizens to take America’s official citizenship test44% were unable to define the Bill of Rights.

A survey by the Annenberg Public Policy Center found that a little more than one-third of respondents (36 percent) could name all three branches of the U.S. government, while another one-third (35 percent) could not name a single one. Only a quarter of Americans (27 percent) know it takes a two-thirds vote of the House and Senate to override a presidential veto. One in five Americans (21 percent) incorrectly thinks that a 5-4 Supreme Court decision is sent back to Congress for reconsideration. And more than half of Americans do not know which party controls the House and Senate.

A 2006 survey by the McCormick Tribune Freedom Museum found that only one out of a thousand adults could identify the five rights protected by the First Amendment. On the other hand, more than half (52%) of the respondents could name at least two of the characters in the animated Simpsons television family, and 20% could name all five. And although half could name none of the freedoms in the First Amendment, a majority (54%) could name at least one of the three judges on the TV program American Idol, 41% could name two and one-fourth could name all three.

It gets worse.

Many who responded to the survey had a strange conception of what was in the First Amendment. For example, 21% said the “right to own a pet” was listed someplace between “Congress shall make no law” and “redress of grievances.” Some 17% said that the First Amendment contained the “right to drive a car,” and 38% believed that “taking the Fifth” was part of the First Amendment.

Teachers and school administrators do not fare much better. A study conducted by the Center for Survey Research and Analysis found that one educator in five was unable to name any of the freedoms in the First Amendment.

In fact, while some educators want students to learn about freedom, they do not necessarily want them to exercise their freedoms in school. As the researchers conclude, “Most educators think that students already have enough freedom, and that restrictions on freedom in the school are necessary. Many support filtering the Internet, censoring T-shirts, disallowing student distribution of political or religious material, and conducting prior review of school newspapers.”

Government leaders and politicians are also ill-informed. Although they take an oath to uphold, support and defend the Constitution against “enemies foreign and domestic,” their lack of education about our fundamental rights often causes them to be enemies of the Bill of Rights.

So what’s the solution?

Thomas Jefferson recognized that a citizenry educated on “their rights, interests, and duties”  is the only real assurance that freedom will survive.

As Jefferson wrote in 1820: “I know no safe depository of the ultimate powers of our society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.”

From the President on down, anyone taking public office should have a working knowledge of the Constitution and the Bill of Rights and should be held accountable for upholding their precepts. One way to ensure this would be to require government leaders to take a course on the Constitution and pass a thorough examination thereof before being allowed to take office.

Some critics are advocating that students pass the United States citizenship exam in order to graduate from high school. Others recommend that it must be a prerequisite for attending college. I’d go so far as to argue that students should have to pass the citizenship exam before graduating from grade school.

Here’s an idea to get educated and take a stand for freedom: anyone who signs up to become a member of The Rutherford Institute gets a wallet-sized Bill of Rights card and a Know Your Rights card.

If this constitutional illiteracy is not remedied and soon, freedom in America will be doomed.

As I make clear in my book Battlefield America: The War on the American People, we have managed to keep the wolf at bay so far. Barely.

Our national priorities need to be re-prioritized. For instance, Donald Trump wants to make America great again. I, for one, would prefer to make America free again.

As actor-turned-activist Richard Dreyfuss warned:

Unless we teach the ideas that make America a miracle of government, it will go away in your kids’ lifetimes, and we will be a fable. You have to find the time and creativity to teach it in schools, and if you don’t, you will lose it. You will lose it to the darkness, and what this country represents is a tiny twinkle of light in a history of oppression and darkness and cruelty. If it lasts for more than our lifetime, for more than our kids’ lifetime, it is only because we put some effort into teaching what it is, the ideas of America: the idea of opportunity, mobility, freedom of thought, freedom of assembly.”

WC:  2481

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

PUBLICATION GUIDELINES / REPRINT PERMISSION

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.