Archive for June, 2020

America’s Revolutionary Founders Would Be Anti-Government Extremists Today

Posted: June 29, 2020 in Uncategorized
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“It is the duty of the patriot to protect his country from its government.”—Thomas Paine

“When the government violates the people’s rights, insurrection is, for the people and for each portion of the people, the most sacred of the rights and the most indispensable of duties.”—Marquis De Lafayette

Had the Declaration of Independence been written today, it would have rendered its signers extremists or terrorists, resulting in them being placed on a government watch list, targeted for surveillance of their activities and correspondence, and potentially arrested, held indefinitely, stripped of their rights and labeled enemy combatants.

This is no longer the stuff of speculation and warning.

In fact, Attorney General William Barr recently announced plans to target, track and surveil “anti-government extremists” and preemptively nip in the bud any “threats” to  public safety and the rule of law.

It doesn’t matter that the stated purpose of Barr’s anti-government extremist task force is to investigate dissidents on the far right (the “boogaloo” movement) and far left (antifa, a loosely organized anti-fascist group) who have been accused of instigating violence and disrupting peaceful protests.

Boogaloo and Antifa have given the government the perfect excuse for declaring war (with all that entails: surveillance, threat assessments, pre-crime, etc.) against so-called anti-government extremists.

Without a doubt, America’s revolutionary founders would have been at the top of Barr’s list.

After all, the people who fomented the American Revolution spoke out at rallies, distributed critical pamphlets, wrote scathing editorials and took to the streets in protest. They were rebelling against a government they saw as being excessive in its taxation and spending. For their efforts, they were demonized and painted as an angry mob, extremists akin to terrorists, by the ruler of the day, King George III.

Of course, it doesn’t take much to be considered an anti-government extremist (a.k.a. domestic terrorist) today.

If you believe in and exercise your rights under the Constitution (namely, your right to speak freely, worship freely, associate with like-minded individuals who share your political views, criticize the government, own a weapon, demand a warrant before being questioned or searched by the police, or any other activity viewed as potentially anti-government, racist, bigoted, anarchic or sovereign), you’re at the top of the government’s terrorism watch list.

Indeed, under Barr’s new task force, I and every other individual today who dares to speak truth to power could also be targeted for surveillance, because what we’re really dealing with is a government that wants to suppress dangerous words—words about its warring empire, words about its land grabs, words about its militarized police, words about its killing, its poisoning and its corruption—in order to keep its lies going.

This is how the government plans to snuff out any attempts by “we the people” to stand up to its tyranny: under the pretext of rooting out violent extremists, the government’s anti-extremism program will, in many cases, be utilized to render otherwise lawful, nonviolent activities as potentially extremist.

The danger is real.

Keep in mind that the government agencies involved in ferreting out American “extremists” will carry out their objectives—to identify and deter potential extremists—in concert with fusion centers, data collection agencies, behavioral scientists, corporations, social media, and community organizers and by relying on cutting-edge technology for surveillance, facial recognition, predictive policing, biometrics, and behavioral epigenetics (in which life experiences alter one’s genetic makeup).

This is pre-crime on an ideological scale and it’s been a long time coming.

For example, in 2009, the Department of Homeland Security (DHS) released two reports, one on “Rightwing Extremism,” which broadly defines rightwing extremists as individuals and groups “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely,” and one on “Leftwing Extremism,” which labeled environmental and animal rights activist groups as extremists

Incredibly, both reports use the words terrorist and extremist interchangeably

That same year, the DHS launched Operation Vigilant Eagle, which calls for surveillance of military veterans returning from Iraq, Afghanistan and other far-flung places, characterizing them as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.

These reports indicate that for the government, anyone seen as opposing the government—whether they’re Left, Right or somewhere in between—can be labeled an extremist.

Fast forward a few years, and you have the National Defense Authorization Act (NDAA), which Congress has continually re-upped, that allows the military to take you out of your home, lock you up with no access to friends, family or the courts if you’re seen as an extremist.

Now connect the dots, from the 2009 Extremism reports to the NDAA, the National Security Agency’s far-reaching surveillance networks, and fusion centers that collect and share surveillance data between local, state and federal police agencies

Add in tens of thousands of armed, surveillance drones that are beginning to blanket American skies, facial recognition technology that will identify and track you wherever you go and whatever you do. And then to complete the circle, toss in the real-time crime centers being deployed in cities across the country, which will be attempting to “predict” crimes and identify criminals before they happen based on widespread surveillance, complex mathematical algorithms and prognostication programs.

Hopefully you’re getting the picture, which is how easy it is for the government to identify, label and target individuals as “extremist.”

And just like that, we’ve come full circle.

Imagine living in a country where armed soldiers crash through doors to arrest and imprison citizens merely for criticizing government officials. Imagine that in this very same country, you’re watched all the time, and if you look even a little bit suspicious, the police stop and frisk you or pull you over to search you on the off chance you’re doing something illegal.

Keep in mind that if you have a firearm of any kind (or anything that resembled a firearm) while in this country, it may get you arrested and, in some circumstances, shot by police.

If you’re thinking this sounds like America today, you wouldn’t be far wrong.

However, the scenario described above took place more than 200 years ago, when American colonists suffered under Great Britain’s version of an early police state. It was only when the colonists finally got fed up with being silenced, censored, searched, frisked, threatened, and arrested that they finally revolted against the tyrant’s fetters

No document better states their grievances than the Declaration of Independence, drafted by Thomas Jefferson.

A document seething with outrage over a government which had betrayed its citizens, the Declaration of Independence was signed on July 4, 1776, by 56 men who laid everything on the line, pledged it all—“our Lives, our Fortunes, and our sacred Honor”—because they believed in a radical idea: that all people are created to be free.

Labeled traitors, these men were charged with treason, a crime punishable by death. For some, their acts of rebellion would cost them their homes and their fortunes. For others, it would be the ultimate price—their lives.

Yet even knowing the heavy price they might have to pay, these men dared to speak up when silence could not be tolerated.

Read the Declaration of Independence again, and ask yourself if the list of complaints tallied by Jefferson don’t bear a startling resemblance to the abuses “we the people” are suffering at the hands of the American police state.

If you find the purple prose used by the Founders hard to decipher, here’s my translation of what the Declaration of Independence would look and sound like if it were written in the modern vernacular:

There comes a time when a populace must stand united and say “enough is enough” to the government’s abuses, even if it means getting rid of the political parties in power. Believing that “we the people” have a natural and divine right to direct our own lives, here are truths about the power of the people and how we arrived at the decision to sever our ties to the government:

All people are created equal. All people possess certain innate rights that no government or agency or individual can take away from them. Among these are the right to Life, Liberty and the pursuit of Happiness. The government’s job is to protect the people’s innate rights to Life, Liberty and the pursuit of Happiness. The government’s power comes from the will of the people.

Whenever any government abuses its power, it is the right of the people to alter or abolish that government and replace it with a new government that will respect and protect the rights of the people. It is not wise to get rid of a government for minor transgressions. In fact, as history has shown, people resist change and are inclined to suffer all manner of abuses to which they have become accustomed. However, when the people have been subjected to repeated abuses and power grabs, carried out with the purpose of establishing a tyrannical government, people have a right and duty to do away with that tyrannical Government and to replace it with a new government that will protect and preserve their innate rights for their future wellbeing.

This is exactly the state of affairs we are suffering under right now, which is why it is necessary that we change this imperial system of government. The history of the present Imperial Government is a history of repeated abuses and power grabs, carried out with the intention of establishing absolute Tyranny over the country.

To prove this, consider the following:

The government has, through its own negligence and arrogance, refused to adopt urgent and necessary laws for the good of the people. The government has threatened to hold up critical laws unless the people agree to relinquish their right to be fully represented in the Legislature.

In order to expand its power and bring about compliance with its dictates, the government has made it nearly impossible for the people to make their views and needs heard by their representatives. The government has repeatedly suppressed protests arising in response to its actions.

The government has obstructed justice by refusing to appoint judges who respect the Constitution and has instead made the Courts march in lockstep with the government’s dictates.

The government has allowed its agents to harass the people, steal from them, jail them and even execute them. The government has directed militarized government agents—a.k.a., a standing army—to police domestic affairs in peacetime. The government has turned the country into a militarized police state.

The government has conspired to undermine the rule of law and the Constitution in order to expand its own powers.

The government has allowed its militarized police to invade our homes and inflict violence on homeowners. The government has failed to hold its agents accountable for wrongdoing and murder under the guise of “qualified immunity.”

The government has jeopardized our international trade agreements. The government has overtaxed us without our permission.

The government has denied us due process and the right to a fair trial. The government has engaged in extraordinary rendition. The government has continued to expand its military empire in collusion with its corporate partners-in-crime and occupy foreign nations.

The government has eroded fundamental legal protections and destabilized the structure of government. The government has not only declared its federal powers superior to those of the states but has also asserted its sovereign power over the rights of “we the people.”

The government has ceased to protect the people and instead waged domestic war against the people. The government has plundered our seas, ravaged our Coasts, and destroyed the lives of the people.

The government has employed private contractors and mercenaries to carry out acts of death, desolation and tyranny against other nations, totally unworthy of a civilized nation. The government through its political propaganda has pitted its citizens against each other. The government has stirred up civil unrest and laid the groundwork for martial law.

Repeatedly, we have asked the government to cease its abuses. Each time, the government has responded with more abuse.

An Imperial Ruler who acts like a tyrant is not fit to govern a free people.

We have repeatedly sounded the alarm to our fellow citizens about the government’s abuses. We have warned them about the government’s power grabs. We have appealed to their sense of justice. We have reminded them of our common bonds. They have rejected our plea for justice and brotherhood. Thus, our fellow citizens are equally at fault for the injustices being carried out by the government.

Thus, for the reasons mentioned above, we the people of the united States of America declare ourselves free from the chains of an abusive government. Relying on the Creator’s protection, we pledge to stand by this Declaration of Independence with our lives, our fortunes and our honor.

See what I mean? The abuses meted out by an imperial government and endured by the American people have not ended. They have merely evolved.

Two hundred and forty-four years after a group of anti-government extremists declared their independence from tyranny, the American people have once again managed to work their way back under the tyrant’s thumb.

“We the people” are still being robbed blind by a government of thieves. We are still being taken advantage of by a government of scoundrels, idiots and monsters. We are still being locked up by a government of greedy jailers. We are still being spied on by a government of Peeping Toms. We are still being ravaged by a government of ruffians, rapists and killers.

We are still being forced to surrender our freedoms—and those of our children—to a government of extortionists, money launderers and corporate pirates. And we are still being held at gunpoint by a government of soldiers: a standing army in the form of a militarized police.

The bipartisan coup that laid siege to our nation did not happen overnight. It snuck in under our radar, hiding behind the guise of national security, the war on drugs, the war on terror, the war on immigration, political correctness, hate crimes and a host of other official-sounding programs aimed at expanding the government’s power at the expense of individual freedoms.

As I make clear in my book Battlefield America: The War on the American People, the building blocks for the bleak future we’re just now getting a foretaste of—police shootings of unarmed citizens, profit-driven prisons, weapons of compliance, a wall-to-wall surveillance state, pre-crime programs, a suspect society, school-to-prison pipelines, militarized police, overcriminalization, SWAT team raids, endless wars, etc.—were put in place by government officials we trusted to look out for our best interests and by American citizens who failed to heed James Madison’s warning to “take alarm at the first experiment on our liberties.”

For too long now, we have suffered the injustices of a government that has no regard for our rights or our humanity.

We’ve suffered in silence for too long.

Frankly, what this country desperately needs is more anti-government extremists willing to take the government to task for its excesses, abuses and power grabs that fly in the face of every principle for which America’s founders risked their lives.

WC: 2543

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  is available at 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 Way Lies Madness: The Summer of Hate Meets the Age of Intolerance

Posted: June 24, 2020 in Uncategorized
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“Violence creates many more social problems than it solves…. If they succumb to the temptation of using violence in their struggle, unborn generations will be the recipients of a long and desolate night of bitterness, and our chief legacy to the future will be an endless reign of meaningless chaos. Violence isn’t the way.”—Martin Luther King Jr.

Marches, protests, boycotts, sit-ins: these are nonviolent tactics that work.

Looting, vandalism, the destruction of public property, intimidation tactics aimed at eliminating anything that might cause offense to the establishment: these tactics of mobs and bullies may work in the short term, but they will only give rise to greater injustices in the long term.

George Floyd’s death sparked the flame of outrage over racial injustice and police brutality, but political correctness is creating a raging inferno that threatens to engulf the nation.

In Boston, racial justice activists beheaded a statue of Christopher Columbus. Protesters in Richmond, Va., used ropes to topple that city’s Columbus statue, spray-painted it, set it on fire and tossed it into a lake. Columbus’ crimes against indigenous peoples throughout the Americas are well known.

In San Francisco’s Golden Gate Park, protesters tore down a statue of Francis Scott Key, who penned “The Star-Spangled Banner.” Key was also a slaveholding lawyer who tried to prosecute abolitionists vocally opposing slavery.

Activists who object to Yale University being named after its founder Elihu Yale, a slave trader, are lobbying to re-name the school.

Students at Harvard University want to re-name Mather House, one of the dorms named after Increase Mather, the college president from 1685 to 1692 and a slave owner.

Administrators at Woodrow Wilson High School in Camden, N.J.—named after the nation’s 28th president, who guided the nation through World War I while upholding segregation policies—are now looking for a new name.

In an apparent bid to be more culturally sensitive, Land O’ Lakes has removed from its packaging the image of a Native American princess that had been featured on its products for a hundred years.

The distributors of Aunt Jemima Pancake Syrup, Uncle Ben’s Rice and Mrs. Butterworth’s Syrup have also announced plans to re-brand and re-name their products in an effort to avoid perpetuating racist stereotypes. Cream of Wheat is considering what to do about the smiling black chef that graces its breakfast porridge (his visage has been criticized for being stereotypically subservient).

Not to be outdone, Dreyer’s Ice Cream plans to retire the 99-year-old name for its Eskimo Pie frozen confections on a stick because “Eskimo” has been denounced as a racist nomenclature used by “colonizers to Arctic regions to refer to Inuit and Yupik people.”

Gone with the Wind, the Civil War epic that won 10 Academy Awards and has long been considered one of the greatest films of all times, was temporarily pulled from HBOMax’s streaming service in response to concerns that it depicts “ethnic and racial prejudices” that “were wrong then and are wrong today.”

The University of Georgia’s marching band has removed “Tara’s Theme,” the opening orchestral theme from Gone with the Wind, from its musical repertoire.

What is the end sum of all these actions?

What started as a movement to denounce police brutality in the wake of George Floyd’s death at the hands of killer cops has become a free-for-all campaign to rid the country of any monument, literal or figurative, to anyone who may have at any time in history expressed a racist thought, exhibited racist behavior, or existed within a racist society.

The police state has got us exactly where it wants us: distracted, distraught and divided.

While protesters topple statues of men with racist pasts who are long dead, unarmed Americans continue to be killed by militarized police trained to shoot first and ask questions later.

While activists use their collective might to pressure corporations to rebrand products in a more racially sensitive fashion, the American police state—aided and abetted by the Corporate State—continues to disproportionately target blacks, Hispanics and other minorities.

And while politically correct censorship is attempting to sanitize the public sphere of words and images that denigrate minorities, it is not doing anything to rid hearts and minds of racism.

Muzzling speech, censoring discourse, erasing history: that’s the worst possible antidote.

As Rod Serling, creator of the Twilight Zone, concluded in the “Deaths-Head Revisited” episode:

“All the Dachaus must remain standing. The Dachaus, the Belsens, the Buchenwalds, the Auschwitzes, all of them. They must remain standing because they are a monument to a moment in time when some men decided to turn the earth into a graveyard. Into it, they shoveled all of their reason, their logic, their knowledge, but worst of all, their conscience. And the moment we forget this, the moment we cease to be haunted by its remembrance, then we become the gravediggers.”

In other words, what we need is more speech, more discourse, and a greater understanding of history and the evils perpetrated in the name of conquest, profit and racial supremacy. Because if we bury the mistakes of the past under a sanitized present, if we fail to at least provide context to the past, we risk allowing the government to repeat those past mistakes—rewritten for a new age—and no one will be the wiser.

It has happened already: we have allowed the government strip people of their humanity; to segregate them into polarized classes; to treat them as chattel; to deny them basic human rights; and to reduce them to figures on a ledger sheet.

Censoring speech—toppling monuments—kowtowing to political correctness—is not the answer to what ails this nation.

As long as we focus on words and ignore the systemic injustices that undergird the words, the disease will spread.

As long as we continue to allow the most controversial issues of our day—gay rights, abortion, race, religion, sexuality, political correctness, police brutality, et al.—to serve as battlegrounds for those who claim to believe in freedom of speech but only when it favors the views and positions they support, we will all eventually lose.

Silencing unpopular viewpoints with which the majority might disagree—whether it’s by shouting them down, censoring them, muzzling them, or criminalizing them—only empowers the controllers of the Deep State.

Consider some of the kinds of speech being targeted for censorship or outright elimination.

Offensive, politically incorrect and “unsafe” speech: Disguised as tolerance, civility and love, political correctness has resulted in the chilling of free speech and the demonizing of viewpoints that run counter to the cultural elite. Consequently, college campuses have become hotbeds of student-led censorship, trigger warnings, microaggressions, and “red light” speech policies targeting anything that might cause someone to feel uncomfortable, unsafe or offended.

Bullying, intimidating speech: Warning that “school bullies become tomorrow’s hate crimes defendants,” the Justice Department has led the way in urging schools to curtail bullying, going so far as to classify “teasing” as a form of “bullying,” and “rude” or “hurtful” “text messages” as “cyberbullying.”

Hateful speech: Hate speech—speech that attacks a person or group on the basis of attributes such as gender, ethnic origin, religion, race, disability, or sexual orientation—is the primary candidate for online censorship. Corporate internet giants Google, Twitter and Facebook are in the process of determining what kinds of speech will be permitted online and what will be deleted.

Dangerous, anti-government speech: As part of its ongoing war on “extremism,” the government partnered with the tech industry to establish a task force to counter online “propaganda” by terrorists hoping to recruit support or plan attacks (the program started under President Obama). In this way, anyone who criticizes the government online can be considered an extremist and will have their content reported to government agencies for further investigation or deleted. They might even find themselves pulled from their homes, arrested by the police and thrown into a mental hospital for expressing their opposition to government policies, as happened to Marine Brandon Raub.

The police state could not ask for a better citizenry than one that carries out its own censorship.

It’s a brilliant ploy, with the added bonus that while the citizenry remains focused on and distrustful of each other, they’re incapable of presenting a united front against the threats posed by the government and its cabal of Constitution-destroying agencies and corporate partners.

The antidote to intolerance is more tolerance.

What this requires is opening the door to more speech not less, even if that speech is offensive to some.

Understanding that freedom for those in the unpopular minority constitutes the ultimate tolerance in a free society, James Madison, the author of the Bill of Rights, fought for a First Amendment that protected the “minority” against the majority, ensuring that even in the face of overwhelming pressure, a minority of one—even one who espouses distasteful viewpoints—would still have the right to speak freely, pray freely, assemble freely, challenge the government freely, and broadcast his views in the media freely.

The First Amendment is a steam valve. It allows people to speak their minds, air their grievances and contribute to a larger dialogue that hopefully results in a more just world.

When there is no steam valve—when there is no one to hear what the people have to say—frustration builds, anger grows and people become more volatile and desperate to force a conversation. By bottling up dissent, we have created a pressure cooker of stifled misery and discontent that is now bubbling over and fomenting even more hate, distrust and paranoia among portions of the populace.

By becoming so fearfully polite, careful to avoid offense, and largely unwilling to be labeled intolerant, hateful or closed-minded that we’ve eliminated words, phrases and symbols from public discourse, we have entered into an egotistical, insulated, narcissistic era in which free speech has become regulated speech: to be celebrated when it reflects the values of the majority and tolerated otherwise, unless it moves so far beyond our political, religious and socio-economic comfort zones as to be rendered dangerous and unacceptable.

Protest laws, free speech zones, bubble zones, trespass zones, anti-bullying legislation, zero tolerance policies, hate crime laws and a host of other legalistic maladies dreamed up by politicians and prosecutors (and championed by those who want to suppress speech with which they might disagree) have conspired to corrode our core freedoms, purportedly for our own good.

On paper—at least according to the U.S. Constitution—we are technically free to speak.

In reality, however, we are only as free to speak as a government official—or corporate entities such as Facebook, Google or YouTube—may allow.

The end result: free speech is no longer free, and injustice persists.

So what we can do to end racial inequality, police brutality, and systemic injustice that does not involve sacrificing free speech on the altar of political correctness or adopting violent tactics?

Stop tiptoeing around, easily offended or afraid to cause offense. Stop allowing the government and its architects to micromanage your life and curtail your freedoms. Stop being a pawn in someone else’s game.

Find your own voice. Give voice to your own outrage. Speak truth to power nonviolently. And throughout it all, love your enemies and put that love into action.

That last point, to love your enemies, is the hardest of all, yet it was the principle that Jesus Christ spoke of most often: “Love your enemies, bless them that curse you, do good to them that hate you, and pray for them that despitefully use you.”

This principle was also at the core of Martin Luther King Jr.’s efforts to combat racism and injustice. In fact, King delivered an entire sermon on what it means to love one’s enemies even when they continue to wrong you.

King was not speaking in abstracts. This was a man who, despite having faced down water cannons, police dogs and police brutality, intimidation and prejudice and assassination attempts, still insisted that “mass non-violent resistance based on the principle of love” was his best weapon.

The first step in loving one’s enemies, says King, is to discover the element of good in them. “Within the best of us, there is some evil, and within the worst of us, there is some good. When we come to see this, we take a different attitude toward individuals. The person who hates you most has some good in him; even the nation that hates you most has some good in it; even the race that hates you most has some good in it… There is an element of goodness that he can never slough off. Discover the element of good in your enemy. And as you seek to hate him, find the center of goodness and place your attention there and you will take a new attitude.”

Second, says King, focus on defeating evil systems, rather than vanquishing individuals caught up in an evil system. “Love is greater than like. Love is understanding, redemptive goodwill for all men, so that you love everybody, because God loves them. You refuse to do anything that will defeat an individual, because you have agape [the love of God working in the lives of men] in your soul. And here you come to the point that you love the individual who does the evil deed, while hating the deed that the person does. This is what Jesus means when he says, ‘Love your enemy.’ This is the way to do it. When the opportunity presents itself when you can defeat your enemy, you must not do it.”

Third, says Kings, cut off the chain of hate and the chain of evil in the universe with love. “If I hit you and you hit me and I hit you back and you hit me back and go on, you see, that goes on ad infinitum. It just never ends… And that is the tragedy of hate, that it doesn’t cut it off. It only intensifies the existence of hate and evil in the universe… Men must see that force begets force, hate begets hate, toughness begets toughness. And it is all a descending spiral, ultimately ending in destruction for all and everybody.”

Fourth, says King, hate ends up in tragic, neurotic responses. “Hate at any point is a cancer that gnaws away at the very vital center of your life and your existence. It is like eroding acid that eats away the best and the objective center of your life. So Jesus says love, because hate destroys the hater as well as the hated.” Instead, use love to redeem and transform those who would do you harm.

Lastly, don’t resort to violence.

King’s conclusion to his sermon is a timeless message, sent through time, to our present age. As I make clear in my book Battlefield America: The War on the American People, we are still fighting the triple evils of racism, poverty and militarism. We are still struggling to find our way in the world dominated by corporate greed and political ambition. We are still being manipulated into focusing our anger on flawed individuals rather than working to defeat evil establishments.

Sixty-three years later, King’s words are still relevant:

“Our world is in transition now. Our whole world is facing a revolution. Our nation is facing a revolution. History unfortunately leaves some people oppressed and some people oppressors. And there are … ways that individuals who are oppressed can deal with their oppression. One of them is to rise up against their oppressors with physical violence and corroding hatred. But there is another way. And that is to organize mass non-violent resistance based on the principle of love… This is the only way. And our civilization must discover that. Individuals must discover that as they deal with other individuals… [T]o a power-drunk generation … love is the only way… to a generation depending on nuclear and atomic energy, a generation depending on physical violence…love is the only creative, redemptive, transforming power in the universe…. [T]hrough the power of this love somewhere, men of the most recalcitrant bent will be transformed… because we had the power to love our enemies, to bless those persons that cursed us, to even decide to be good to those persons who hated us, and we even prayed for those persons who despitefully used us.”

SOURCE: https://bit.ly/3evJL8T

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  is available at 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 System Is Rigged: Qualified Immunity Is How the Police State Stays in Power

Posted: June 16, 2020 in Uncategorized
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“What’s been most striking to me is just how one-sided the rules are when Americans take on their own government…. It has been dismaying to learn the extent to which rules and laws shield the government from accountability for its abuses—or even lawbreaking…. It’s been a long and frightening lesson…. The rules seem rigged to protect government lawlessness, and the playing field is uneven. Too many processes favor the government. The deck is still stacked.” —  Journalist Sharyl Attkisson

The system is rigged.

The system is rigged, the government is corrupt, and “we the people” continue to waste our strength by fighting each other rather than standing against the tyrant in our midst.

Because the system is rigged, because the government is corrupt, and because “we the people” remain polarized and divided, the police state will keep winning and “we the people” will keep losing.

Because the system is rigged and the U.S. Supreme Court—the so-called “people’s court”—has exchanged its appointed role as a gatekeeper of justice for its new role as maintainer of the status quo, there will be little if no consequences for the cops who brutalize and no justice for the victims of police brutality.

Because the system is rigged, there will be no consequences for police who destroyed a private home by bombarding it with tear gas grenades during a SWAT team raid gone awry, or for the cop who mistakenly shot a 10-year-old boy after aiming for and missing the non-threatening family dog, or for the arresting officer who sicced a police dog on a suspect who had already surrendered.

This is how unarmed Americans keep dying at the hands of militarized police.

By refusing to accept any of the eight or so qualified immunity cases before it this term that strove to hold police accountable for official misconduct, the Supreme Court delivered a chilling reminder that in the American police state, ‘we the people’ are at the mercy of law enforcement officers who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to ‘serve and protect.”

This is how qualified immunity keeps the police state in power.

Lawyers tend to offer a lot of complicated, convoluted explanations for the doctrine of qualified immunity, which was intended to insulate government officials from frivolous lawsuits, but the real purpose of qualified immunity is to rig the system, ensuring that abusive agents of the government almost always win and the victims of government abuse almost always lose.

How else do you explain a doctrine that requires victims of police violence to prove that their abusers knew their behavior was illegal because it had been deemed so in a nearly identical case at some prior time: it’s a setup for failure.

Do you know how many different ways a cop can kill, maim, torture and abuse someone without being held liable?

The cops know: in large part due to training classes that drill them on the art of sidestepping the Fourth Amendment, which protects us from being bullied, badgered, beaten, broken and spied on by government agents.

This is how “we the people” keep losing.

Although the U.S. Supreme Court recognized in Harlow v. Fitzgerald (1982) that suing government officials for monetary damages is “the only realistic avenue” of holding them accountable for abusing their offices and violating the Constitution, it has ostensibly given the police and other government agents a green light to shoot first and ask questions later, as well as to probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts.

Whether it’s police officers breaking through people’s front doors and shooting them dead in their homes or strip searching motorists on the side of the road, these instances of abuse are continually validated by a judicial system that kowtows to virtually every police demand, no matter how unjust, no matter how in opposition to the Constitution.

Make no mistake about it: this is what constitutes “law and order” in the American police state.

These are the hallmarks of a police state: where police officers, no longer mere servants of the people entrusted with keeping the peace, are part of an elite ruling class dependent on keeping the masses corralled, under control, and treated like suspects and enemies rather than citizens.

Unfortunately, we’ve been traveling this dangerous road for a long time now.

A review of critical court rulings over the past several decades, including rulings affirming qualified immunity protections for government agents by the U.S. Supreme Court, reveals a startling and steady trend towards pro-police state rulings by an institution concerned more with establishing order, protecting the ruling class, and insulating government agents from charges of wrongdoing than with upholding the rights enshrined in the Constitution.

Indeed, as Reuters reports, qualified immunity “has become a nearly failsafe tool to let police brutality go unpunished and deny victims their constitutional rights.” Worse, as Reuters concluded, “the Supreme Court has built qualified immunity into an often insurmountable police defense by intervening in cases mostly to favor the police.”

The system is rigged.

Police can claim qualified immunity for warrantless searches. In Anderson v. Creighton, the Supreme Court ruled that FBI and state law enforcement agents were entitled to qualified immunity protections after they were sued for raiding a private home without a warrant and holding family members at gunpoint, all in a search for a suspected bank robber who was not in the house.

Police can claim qualified immunity for warrantless arrests based on mere suspicion. In Hunter v. Bryant, the Court ruled that police acted reasonably in arresting James Bryant without a warrant in order to protect the president. Bryant had allegedly written a letter that referenced a third-party plot to assassinate President Ronald Reagan, but police had no proof that he intended to harm Reagan beyond a mere suspicion. The charges against Bryant were eventually dropped.

Police can claim qualified immunity for using excessive force against protesters. In Saucier v. Katz, the Court ruled in favor of federal law enforcement agents who forcefully tackled a protester as he attempted to unfurl a banner at Vice President Gore’s political rally. The Court reasoned that the officers acted reasonably given the urgency of protecting the vice president.

Police can claim qualified immunity for shooting a fleeing suspect in the back. In Brosseau v. Haugen, the Court dismissed a lawsuit against a police officer who shot Kenneth Haugen in the back as he entered his car in order to flee from police. The Court ruled that in light of existing case law, the cop’s conduct fell in the “hazy border between excessive and acceptable force” and so she did not violate clearly established law.

Police can claim qualified immunity for shooting a mentally impaired person. In City of San Francisco v. Sheehan, the Court ruled in favor of police who repeatedly shot Teresa Sheehan during the course of a mental health welfare check. The Court ruled that it was not unreasonable for police to pepper spray and shoot Sheehan multiple times after entering her room without a warrant and encountering her holding a knife.

Police officers can use lethal force in car chases without fear of lawsuits. In Plumhoff v. Rickard, the U.S. Supreme Court declared that police officers who used deadly force to terminate a car chase were immune from a lawsuit. The officers were accused of needlessly resorting to deadly force by shooting multiple times at a man and his passenger in a stopped car, killing both individuals.

Police can stop, arrest and search citizens without reasonable suspicion or probable cause. In a 5-3 ruling in Utah v. Strieff, the U.S. Supreme Court effectively gave police the go-ahead to embark on a fishing expedition of one’s person and property, rendering Americans completely vulnerable to the whims of any cop on the beat.

Police officers can stop cars based on “anonymous” tips or for “suspicious” behavior such as having a reclined car seat or driving too carefully. In a 5-4 ruling in Navarette v. California, the U.S. Supreme Court declared that police officers, under the guise of “reasonable suspicion,” can stop cars and question drivers based solely on anonymous tips, no matter how dubious, and whether or not they themselves witnessed any troubling behavior. Then in State v. Howard, the Kansas Supreme Court declared that motorists who recline their car seats are guilty of suspicious behavior and can be subject to warrantless searches by police. That ruling, coupled with other court rulings upholding warrantless searches and seizures by police renders one’s car a Constitution-free zone.

Americans have no protection against mandatory breathalyzer tests at a police checkpoint, although mandatory blood draws violate the Fourth Amendment (Birchfield v. North Dakota). Police can also conduct sobriety and “information-seeking” checkpoints (Illinois v. Lidster and Mich. Dep’t of State Police v. Sitz).

Police can forcibly take your DNA, whether or not you’ve been convicted of a crime. In Maryland v. King, a divided U.S. Supreme Court determined that a person arrested for a crime who is supposed to be presumed innocent until proven guilty must submit to forcible extraction of their DNA. Once again the Court sided with the guardians of the police state over the defenders of individual liberty in determining that DNA samples may be extracted from people arrested for “serious” offenses. The end result of the ruling paves the way for a nationwide dragnet of suspects targeted via DNA sampling.

Police can use the “fear for my life” rationale as an excuse for shooting unarmed individuals. Upon arriving on the scene of a nighttime traffic accident, an Alabama police officer shot a driver exiting his car, mistakenly believing the wallet in his hand to be a gun. A report by the Justice Department found that half of the unarmed people shot by one police department over a seven-year span were “shot because the officer saw something (like a cellphone) or some action (like a person pulling at the waist of their pants) and misidentified it as a threat.”

Police have free reign to use drug-sniffing dogs as “search warrants on leashes.” In Florida v. Harris, a unanimous U.S. Supreme Court determined that police officers may use highly unreliable drug-sniffing dogs to conduct warrantless searches of cars during routine traffic stops. The ruling turns man’s best friend into an extension of the police state, provided the use of a K-9 unit takes place within a reasonable amount of time (Rodriguez v. United States).

Not only are police largely protected by qualified immunity, but police dogs are also off the hook for wrongdoing. The Fourth Circuit Court of Appeals ruled in favor of a police officer who allowed a police dog to maul a homeless man innocent of any wrongdoing.

Police can subject Americans to strip searches, no matter the “offense.” A divided U.S. Supreme Court actually prioritized making life easier for overworked jail officials over the basic right of Americans to be free from debasing strip searches. In its 5-4 ruling in Florence v. Burlington, the Court declared that 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, which involves exposing the genitals and the buttocks. This “license to probe” is now being extended to roadside stops, as police officers throughout the country have begun performing roadside strip searches—some involving anal and vaginal probes—without any evidence of wrongdoing and without a warrant.

Police can break into homes without a warrant, even if it’s the wrong home. In an 8-1 ruling in Kentucky v. King, the U.S. Supreme Court placed their trust in the discretion of police officers, rather than in the dictates of the Constitution, when they gave police greater leeway to break into homes or apartments without a warrant. Despite the fact that the police in question ended up pursuing the wrong suspect, invaded the wrong apartment and violated just about every tenet that stands between us and a police state, the Court sanctioned the warrantless raid, leaving Americans with little real protection in the face of all manner of abuses by police.

Police can use knock-and-talk tactics as a means of sidestepping the Fourth Amendment. Aggressive “knock and talk” practices have become thinly veiled, warrantless exercises by which citizens are coerced and intimidated into “talking” with heavily armed police who “knock” on their doors in the middle of the night. Andrew Scott didn’t even get a chance to say no to such a heavy-handed request before he was gunned down by police who pounded aggressively on the wrong door at 1:30 a.m., failed to identify themselves as police, and then repeatedly shot and killed the man when he answered the door while holding a gun in self-defense.

Police can carry out no-knock raids if they believe announcing themselves would be dangerous. Police can perform a “no-knock” raid as long as they have a reasonable suspicion that knocking and announcing their presence, under the particular circumstances, would be dangerous or futile or give occupants a chance to destroy evidence of a crime (Richards v. Wisconsin). Legal ownership of a firearm is also enough to justify a no-knock raid by police (Quinn v. Texas). For instance, a Texas man had his home subject to a no-knock, SWAT-team style forceful entry and raid based solely on the suspicion that there were legally-owned firearms in his household. The homeowner was actually shot by police through his closed bedroom door.

Police can recklessly open fire on anyone that might be “armed.” Philando Castile was shot and killed during a routine traffic stop allegedly over a broken tail light merely for telling police he had a conceal-and-carry permit. That’s all it took for police to shoot Castile four times in the presence of his girlfriend and her 4-year-old daughter. A unanimous Supreme Court declared in County of Los Angeles vs. Mendez that police should not be held liable for recklessly firing 15 times into a shack where a homeless couple had been sleeping because the grabbed his BB gun in defense, fearing they were being attacked.

Police can destroy a home during a SWAT raid, even if the owner gives their consent to enter and search it. In West v. Winfield, the Supreme Court provided cover to police after they smashed the windows of Shaniz West’s home, punched holes in her walls and ceilings, and bombed the house with so much tear gas that it was uninhabitable for two months. All of this despite the fact that the suspect they were pursuing was not in the house and West, the homeowner, agreed to allow police to search the home to confirm that.

Police can suffocate someone, deliberately or inadvertently, in the process of subduing them. “I can’t breathe” has become a rallying cry following the deaths of Eric Garner and George Floyd, both of whom died after being placed in a chokehold by police. Dozens more have died in similar circumstances at the hands of police who have faced little repercussions for these deaths.

As I make clear in my book Battlefield America: The War on the American People, we are dealing with a nationwide epidemic of court-sanctioned police violence carried out with impunity against individuals posing little or no real threat.

So what’s the answer to reforming a system that is clearly self-serving and corrupt?

Abolishing the police is not the answer: that will inevitably lead to outright anarchy, which will give the police state and those law-and-order zealots all the incentive it needs to declare martial law.

Looting and violence are not the answer: As Martin Luther King Jr. recognized, “A riot merely intensifies the fears of the white community while relieving the guilt.” Using the looting and riots as justification for supporting police brutality is also not the answer:  As King recognized, “It is not enough … to condemn riots… without, at the same time, condemning the contingent, intolerable conditions that exist in our society. These conditions are the things that cause individuals to feel that they have no other alternative than to engage in violent rebellions to get attention. And I must say tonight that a riot is the language of the unheard. And what is it America has failed to hear? It has failed to hear that the plight of the negro poor has worsened over the last twelve or fifteen years. It has failed to hear that the promises of freedom and justice have not been met. And it has failed to hear that large segments of white society are more concerned about tranquility and the status quo than about justice and humanity.”

Police reform is necessary and unavoidable if we are to have any hope of living in an America in which freedom means something more than the right to stay alive, but how we reform the system is just as important as getting it done.

We don’t need to wait for nine members of a ruling aristocracy who primarily come from privileged backgrounds and who have a vested interest in maintaining the status quo to fix what’s broken in America.

Nor do we need to wait for 535 highly paid politicians to do something about these injustices only when it suits their political ambitions

And we certainly don’t need to wait for a president with a taste for totalitarian tactics to throw a few crumbs our way.

This is as much a local problem as it is a national one.

Be fair. Be nonviolent. Be relentless in your pursuit of justice for all.

Let’s get it done.

Source: https://bit.ly/2YJrle3

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  is available at 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.

 

Engineering a Race War: Will This Be the American Police State’s Reichstag Fire?

Posted: June 9, 2020 in Uncategorized
Tags: , , ,
0

“Those who do not remember the past are condemned to repeat it.”— George Santayana

Watch and see: this debate over police brutality and accountability is about to get politicized into an election-year referendum on who should occupy the White House.

Don’t fall for it.

The Deep State, the powers-that-be, want us to turn this into a race war, but this is about so much more than systemic racism. This is the oldest con game in the books, the magician’s sleight of hand that keeps you focused on the shell game in front of you while your wallet is being picked clean by ruffians in your midst.

It’s the Reichstag Fire all over again.

It was February 1933, a month before national elections in Germany, and the Nazis weren’t expected to win. So they engineered a way to win: they began  by infiltrating the police and granting police powers to their allies; then Hitler brought in stormtroopers to act as auxiliary police; by the time an arsonist (who claimed to be working for the Communists in the hopes of starting an armed revolt) set fire to the Reichstag, the German parliamentary building, the people were eager for a return to law and order.

That was all it took: Hitler used the attempted “coup” as an excuse to declare martial law and seize absolute power in Germany, establishing himself as a dictator with the support of the German people.

Fast forward to the present day, and what do we have? The nation in turmoil after months of pandemic fear-mongering and regional lockdowns, a national election looming, a president with falling poll numbers, and a police state that wants to stay in power at all costs.

Note the similarities?

It’s entirely possible that Americans have finally reached a tipping point over police brutality after decades of abuse. After all, until recently, the legislatures and the courts have marched in lockstep with the police state, repeatedly rebuffing efforts to hold police accountable for official misconduct.

Then again, it’s also equally possible that the architects of the police state have every intention of manipulating this outrage for their own purposes.

It works the same in every age.

As author Jim Keith explains, “Create violence through economic pressures, the media, mind control, agent provocateurs: thesis. Counter it with totalitarian measures, more mind control, police crackdowns, surveillance, drugging of the population: antithesis. What ensues is Orwell’s vision of 1984, a society of total control: synthesis.”

Here’s what is going to happen: the police state is going to stand down and allow these protests, riots and looting to devolve into a situation where enough of the voting populace is so desperate for a return to law and order that they will gladly relinquish some of their freedoms to achieve it. And that’s how the police state will win, no matter which candidate gets elected to the White House.

You know who will lose? Every last one of us.

Listen, people should be outraged over what happened to George Floyd, but let’s get one thing straight: Floyd didn’t die merely because he was black and the cop who killed him is white. Floyd died because America is being overrun with warrior cops—vigilantes with a badge—who are part of a government-run standing army that is waging war on the American people in the so-called name of law and order.

Not all cops are warrior cops, trained to act as judge, jury and executioner in their interactions with the populace. Unfortunately, the good cops—the ones who take seriously their oath of office to serve and protect their fellow citizens, uphold the Constitution, and maintain the peace—are increasingly being outnumbered by those who believe the lives—and rights—of police should be valued more than citizens.

These warrior cops may get paid by the citizenry, but they don’t work for us and they certainly aren’t operating within the limits of the U.S. Constitution.

This isn’t about racism in America.

This is about profit-driven militarism packaged in the guise of law and order, waged by greedy profiteers who have transformed the American homeland into a battlefield with militarized police, military weapons and tactics better suited to a war zone. This is systemic corruption predicated on the police state’s insatiable appetite for money, power and control.

This is a military coup waiting to happen.

Why do we have more than a million cops on the taxpayer-funded payroll in this country whose jobs do not entail protecting our safety, maintaining the peace in our communities, and upholding our liberties?

I’ll tell you why.

These warrior cops—fitted out in the trappings of war, drilled in the deadly art of combat, and trained to look upon “every individual they interact with as an armed threat and every situation as a deadly force encounter in the making—are the police state’s standing army.

This is the new face of war, and America has become the new battlefield.

Militarized police officers, the end product of the government—federal, local and state—and law enforcement agencies having merged, have become a “standing” or permanent army, composed of full-time professional soldiers who do not disband.

Yet these permanent armies are exactly what those who drafted the U.S. Constitution and Bill of Rights feared as tools used by despotic governments to wage war against its citizens.

American police forces were never supposed to be a branch of the military, nor were they meant to be private security forces for the reigning political faction. Instead, they were intended to be an aggregation of countless local police units, composed of citizens like you and me that exist for a sole purpose: to serve and protect the citizens of each and every American community.

As a result of the increasing militarization of the police in recent years, however, the police now not only look like the military—with their foreboding uniforms and phalanx of lethal weapons—but they function like them, as well.

Thus, no more do we have a civilian force of peace officers entrusted with serving and protecting the American people.  Instead, today’s militarized law enforcement officials have shifted their allegiance from the citizenry to the state, acting preemptively to ward off any possible challenges to the government’s power, unrestrained by the boundaries of the Fourth Amendment.

They don’t work for us. As retired Philadelphia Police Captain Ray Lewis warned, “Corporate America is using police forces as their mercenaries.”

We were sold a bill of goods.

For years now, we’ve been told that cops need military weapons to wage the government’s wars on drugs, crime and terror. We’ve been told that cops need to be able to crash through doors, search vehicles, carry out roadside strip searches, shoot anyone they perceive to be a threat, and generally disregard the law whenever it suits them because they’re doing it to protect their fellow Americans from danger. We’ve been told that cops need extra legal protections because of the risks they take.

None of that is true.

In fact, a study by a political scientist at Princeton University concludes that militarizing police and SWAT teams “provide no detectable benefits in terms of officer safety or violent crime reduction.” According to researcher Jonathan Mummolo, if police in America are feeling less safe, it’s because the process of transforming them into extensions of the military makes them less safe, less popular and less trust-worthy.

The study, the first systematic analysis on the use and consequences of militarized force, reveals that “police militarization neither reduces rates of violent crime nor changes the number of officers assaulted or killed.”

In other words, warrior cops aren’t making us or themselves any safer.

Militarized police armed with weapons of war who are allowed to operate above the law and break the laws with impunity are definitely not making America any safer or freer.

The problem, as one reporter rightly concluded, is “not that life has gotten that much more dangerous, it’s that authorities have chosen to respond to even innocent situations as if they were in a warzone.” Consequently, Americans are now eight times more likely to die in a police confrontation than they are to be killed by a terrorist.

Militarism within the nation’s police forces is proving to be deadlier than any pandemic.

This battlefield mindset has gone hand in hand with the rise of militarized SWAT (“special weapons and tactics”) teams.

Frequently justified as vital tools necessary to combat terrorism and deal with rare but extremely dangerous criminal situations, such as those involving hostages, SWAT teams have become intrinsic parts of local law enforcement operations, thanks in large part to substantial federal assistance and the Pentagon’s military surplus recycling program, which allows the transfer of military equipment, weapons and training to local police for free or at sharp discounts while increasing the profits of its corporate allies.

Where this becomes a problem of life and death for Americans is when these SWAT teams— outfitted, armed and trained in military tactics—are assigned to carry out relatively routine police tasks, such as serving a search warrant. Nationwide, SWAT teams have been employed to address an astonishingly trivial array of criminal activity or mere community nuisances: angry dogs, domestic disputes, improper paperwork filed by an orchid farmer, and misdemeanor marijuana possession, to give a brief sampling.

Remember, SWAT teams originated as specialized units dedicated to defusing extremely sensitive, dangerous situations. They were never meant to be used for routine police work such as serving a warrant. Unfortunately, the mere presence of SWAT units has actually injected a level of danger and violence into police-citizen interactions that was not present as long as these interactions were handled by traditional civilian officers.

There are few communities without a SWAT team today, and there are more than 80,000 SWAT team raids per year.

Yet the tension inherent in most civilian-police encounter these days can’t be blamed exclusively on law enforcement’s growing reliance on SWAT teams and donated military equipment.

It goes far deeper, to a transformation in the way police view themselves and their line of duty.

Specifically, what we’re dealing with today is a skewed shoot-to-kill mindset in which police, trained to view themselves as warriors or soldiers in a war, whether against drugs, or terror, or crime, must “get” the bad guys—i.e., anyone who is a potential target—before the bad guys get them. The result is a spike in the number of incidents in which police shoot first, and ask questions later.

Making matters worse, when these officers, who have long since ceased to be peace officers, violate their oaths by bullying, beating, tasering, shooting and killing their employers—the taxpayers to whom they owe their allegiance—they are rarely given more than a slap on the hands before resuming their patrols.

This lawlessness on the part of law enforcement, an unmistakable characteristic of a police state, is made possible in large part by police unions which routinely oppose civilian review boards and resist the placement of names and badge numbers on officer uniforms; police agencies that abide by the Blue Code of Silence, the quiet understanding among police that they should not implicate their colleagues for their crimes and misconduct; prosecutors who treat police offenses with greater leniency than civilian offenses; courts that sanction police wrongdoing in the name of security; and legislatures that enhance the power, reach and arsenal of the police, and a citizenry that fails to hold its government accountable to the rule of law.

Indeed, not only are cops protected from most charges of wrongdoing—whether it’s shooting unarmed citizens (including children and old people), raping and abusing young women, falsifying police reports, trafficking drugs, or soliciting sex with minors—but even on the rare occasions when they are fired for misconduct, it’s only a matter of time before they get re-hired again.

Much of the “credit” for shielding these rogue cops goes to influential police unions and laws providing for qualified immunity, police contracts that “provide a shield of protection to officers accused of misdeeds and erect barriers to residents complaining of abuse,” state and federal laws that allow police to walk away without paying a dime for their wrongdoing, and rampant cronyism among government bureaucrats.

It’s happening all across the country.

This is how perverse justice in America has become.

Incredibly, while our own Bill of Rights are torn to shreds, leaving us with few protections against government abuses, a growing number of states are adopting Law Enforcement Officers’ Bill of Rights (LEOBoR), which provide cops accused of a crime with special due process rights and privileges not afforded to the average citizen.

This, right here, epitomizes everything that is wrong with America today.

Even when the system appears to work on the side of justice, it’s the American taxpayer who ends up paying the price.

Literally.

Because police officers are more likely to be struck by lightning than be held financially accountable for their actions. As Human Rights Watch explains, taxpayers actually pay three times for officers who repeatedly commit abuses: “once to cover their salaries while they commit abuses; next to pay settlements or civil jury awards against officers; and a third time through payments into police ‘defense’ funds provided by the cities.”

Deep-seated corruption of this kind doesn’t just go away because politicians and corporations suddenly become conscience-stricken in the face of mass protests and start making promises they don’t intend to keep.

As I explain in my book Battlefield America: The War on the American People, we need civic engagement and citizen activism, especially at the local level. However, if it ends at the ballot box without achieving any real reform that holds government officials at all levels accountable to playing by the rules of the Constitution, then shame on us.

Source: https://bit.ly/2Aa70Xp

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  is available at 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 Is Not a Revolution. It’s a Blueprint for Locking Down the Nation

Posted: June 1, 2020 in Uncategorized
Tags: , , , ,
2

“When it gets down to having to use violence, then you are playing the system’s game. The establishment will irritate you—pull your beard, flick your face—to make you fight. Because once they’ve got you violent, then they know how to handle you.”—John Lennon

Brace yourselves.

There is something being concocted in the dens of power, far beyond the public eye, and it doesn’t bode well for the future of this country.

Anytime you have an entire nation so mesmerized by political theater and public spectacle that they are oblivious to all else, you’d better beware.

Anytime you have a government that operates in the shadows, speaks in a language of force, and rules by fiat, you’d better beware.

And anytime you have a government so far removed from its people as to ensure that they are never seen, heard or heeded by those elected to represent them, you’d better beware.

What is unfolding before us is not a revolution.

The looting, the burning, the rioting, the violence: this is an anti-revolution.

The protesters are playing right into the government’s hands, because the powers-that-be want this. They want an excuse to lockdown the nation and throw the switch to all-out martial law. They want a reason to make the police state stronger.

It’s happening faster than we can keep up.

The Justice Department is deploying federal prison riot teams to various cities. More than half of the nation’s governors are calling on the National Guard to quell civil unrest. Growing numbers of cities, having just barely emerged from a coronavirus lockdown, are once again being locked down, this time in response to the growing upheaval.

This is how it begins.

It’s that dystopian 2030 Pentagon training video all over again, which anticipates the need for the government to institute martial law (use armed forces to solve domestic political and social problems) in order to navigate a world bedeviled by “criminal networks,” “substandard infrastructure,” “religious and ethnic tensions,” “impoverishment, slums,” “open landfills, over-burdened sewers,” a “growing mass of unemployed,” and an urban landscape in which the prosperous economic elite must be protected from the impoverishment of the have nots.

We’re way ahead of schedule.

The architects of the police state have us exactly where they want us: under their stamping boot, gasping for breath, desperate for freedom, grappling for some semblance of a future that does not resemble the totalitarian prison being erected around us.

This way lies certain tyranny.

For just one fleeting moment, “we the people” seemed united in our outrage over this latest killing of an unarmed man by a cop hyped up on his own authority and the power of his uniform.

That unity didn’t last.

Indeed, it didn’t take long—no surprise there—for us to quickly become divided again, polarized by the misguided fury and senseless violence of mobs taking to the streets, reeking of madness and mayhem.

Deliberately or not, the rioters have directed our attention away from the government’s crimes and onto their own.

This is a distraction.

Don’t allow yourself to be so distracted.

Let’s not lose sight of what started all of this in the first place: the U.S. government.

More than terrorism, more than domestic extremism, more than gun violence and organized crime, the systemic violence being perpetrated by agents of the government constitutes a greater menace to the life, liberty and property of its citizens than any of the so-called dangers from which the government claims to protect us.

Case in point: George Floyd died at the hands of the American police state.

The callous, cold-blooded murder of the unarmed, 46-year-old black man by police is nothing new: for 8 minutes and 46 seconds, police knelt on Floyd’s neck while the man pleaded for his life, struggled to breathe, cried out for his dead mother, and finally passed out and died.

Floyd is yet another victim of a broken system of policing that has placed “we the people” at the mercy of militarized cops who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect.”

Daily, Americans are being shot, stripped, searched, choked, beaten and tasered by police for little more than daring to frown, smile, question, challenge an order or just exist.

I’m talking about the growing numbers of unarmed people are who being shot and killed for just standing a certain way, or moving a certain way, or holding something—anything—that police could misinterpret to be a gun, or igniting some trigger-centric fear in a police officer’s mind that has nothing to do with an actual threat to their safety.

Killed by police for standing in a “shooting stance.” Killed for holding a cell phone. Killed for holding a baseball bat. Killed for opening the front door. Killed for being a child in a car pursued by police. Killed for approaching police while holding a metal spoon. Killed for running in an aggressive manner while holding a tree branch. Killed for crawling around naked. Killed for hunching over in a defensive posture. Killed because a police officer accidentally fired his gun instead of his taser. Killed for wearing dark pants and a basketball jersey. Killed for reaching for his license and registration during a traffic stop. Killed for driving while deaf. Killed for being homeless. Killed for brandishing a shoehorn. Killed for peeing outdoors. Killed for having his car break down on the road. Killed for holding a garden hose.

Now you can make all kinds of excuses to justify these shootings, and in fact that’s exactly what you’ll hear from politicians, police unions, law enforcement officials and individuals who are more than happy to march in lockstep with the police. However, as these incidents make clear, the only truly compliant, submissive and obedient citizen in a police state is a dead one.

Sad, isn’t it, how quickly we have gone from a nation of laws—where the least among us had just as much right to be treated with dignity and respect as the next person (in principle, at least)—to a nation of law enforcers (revenue collectors with weapons) who treat us all like suspects and criminals?

This is not how you keep the peace.

This is not justice. This is not even law and order.

This is certainly not freedom. This is the illusion of freedom.

Unfortunately, we are now being ruled by a government of psychopaths, scoundrels, spies, thugs, thieves, gangsters, ruffians, rapists, extortionists, bounty hunters, battle-ready warriors and cold-blooded killers who communicate using a language of force and oppression.

The facts speak for themselves.

We’re being ravaged by a government of ruffians, rapists and killers. It’s not just the police shootings of unarmed citizens that are worrisome. It’s the SWAT team raids gone wrong that are leaving innocent citizens wounded, children terrorized and family pets killed. It’s the roadside strip searches—in some cases, cavity searches of men and women alike carried out in full view of the public—in pursuit of drugs that are never found. It’s the potentially lethal—and unwarranted—use of so-called “nonlethal” weapons such as tasers on children for “mouthing off to a police officer. For trying to run from the principal’s office. For, at the age of 12, getting into a fight with another girl.”

We’re being held at gunpoint by a government of soldiers—a standing army. While Americans are being made to jump through an increasing number of hoops in order to exercise their Second Amendment right to own a gun, the government is arming its own civilian employees to the hilt with guns, ammunition and military-style equipment, authorizing them to make arrests, and training them in military tactics. Among the agencies being supplied with night-vision equipment, body armor, hollow-point bullets, shotguns, drones, assault rifles and LP gas cannons are the Smithsonian, U.S. Mint, Health and Human Services, IRS, FDA, Small Business Administration, Social Security Administration, National Oceanic and Atmospheric Administration, Education Department, Energy Department, Bureau of Engraving and Printing and an assortment of public universities. There are now reportedly more bureaucratic (non-military) government civilians armed with high-tech, deadly weapons than U.S. Marines. That doesn’t even begin to touch on the government’s arsenal, the transformation of local police into extensions of the military, and the speed with which the nation could be locked down under martial law depending on the circumstances. Clearly, the government is preparing for war—and a civil war, at that—and “we the people” are the perceived enemy.

We’re being taken advantage of by a government of scoundrels, idiots and cowards. American satirist H.L. Mencken calculated that “Congress consists of one-third, more or less, scoundrels; two-thirds, more or less, idiots; and three-thirds, more or less, poltroons.” By and large, Americans seem to agree. When you’ve got government representatives who spend a large chunk of their work hours fundraising, being feted by lobbyists, shuffling through a lucrative revolving door between public service and lobbying, and making themselves available to anyone with enough money to secure access to a congressional office, you’re in the clutches of a corrupt oligarchy. Mind you, these same elected officials rarely read the legislation they’re enacting, nor do they seem capable of enacting much legislation that actually helps rather than hinders the plight of the American citizen.

We’re being locked up by a government of greedy jailers. We have become a carceral state, spending three times more on our prisons than on our schools and imprisoning close to a quarter of the world’s prisoners, despite the fact that crime is at an all-time low and the U.S. makes up only 5% of the world’s population. The rise of overcriminalization and profit-driven private prisons provides even greater incentives for locking up American citizens for such non-violent “crimes” as having an overgrown lawn.  As the Boston Review points out, “America’s contemporary system of policing, courts, imprisonment, and parole … makes money through asset forfeiture, lucrative public contracts from private service providers, and by directly extracting revenue and unpaid labor from populations of color and the poor. In states and municipalities throughout the country, the criminal justice system defrays costs by forcing prisoners and their families to pay for punishment. It also allows private service providers to charge outrageous fees for everyday needs such as telephone calls. As a result people facing even minor criminal charges can easily find themselves trapped in a self-perpetuating cycle of debt, criminalization, and incarceration.”

We’re being spied on by a government of Peeping Toms. The government, aided by its corporate allies, is watching everything you do, reading everything you write, listening to everything you say, and monitoring everything you spend. Omnipresent surveillance is paving the way for government programs that profile citizens, document their behavior and attempt to predict what they might do in the future, whether it’s what they might buy, what politician they might support, or what kinds of crimes they might commit. The impact of this far-reaching surveillance, according to Psychology Today, is “reduced trust, increased conformity, and even diminished civic participation.” As technology analyst Jillian C. York concludes, “Mass surveillance without due process—whether undertaken by the government of Bahrain, Russia, the US, or anywhere in between—threatens to stifle and smother that dissent, leaving in its wake a populace cowed by fear.”

We’re being forced to surrender our freedoms—and those of our children—to a government of extortionists, money launderers and professional pirates. The American people have been repeatedly sold a bill of goods about how the government needs more money, more expansive powers, and more secrecy (secret courts, secret budgets, secret military campaigns, secret surveillance) in order to keep us safe. Under the guise of fighting its wars on terror, drugs, domestic extremism, pandemics and civil unrest, the government has spent billions in taxpayer dollars on endless wars that have sown the seeds of blowback, surveillance programs that have subjected all Americans to a surveillance society, and militarized police that have turned communities into warzones.

We’re being robbed blind by a government of thieves. Americans no longer have any real protection against government agents empowered to seize private property at will. For instance, police agencies under the guise of asset forfeiture laws are taking property based on little more than a suspicion of criminal activity.

And we’re being forced to live in a perpetual state of emergency. From 9/11 through the COVID-19 lockdowns and now the threat of martial law in the face of growing civil unrest, we have witnessed the rise of an “emergency state” that justifies all manner of government tyranny and power grabs in the so-called name of national security.

Whatever else it may be—a danger, a menace, a threat—the U.S. government is certainly not looking out for our best interests, nor is it in any way a friend to freedom.

When the government views itself as superior to the citizenry, when it no longer operates for the benefit of the people, when the people are no longer able to peacefully reform their government, when government officials cease to act like public servants, when elected officials no longer represent the will of the people, when the government routinely violates the rights of the people and perpetrates more violence against the citizenry than the criminal class, when government spending is unaccountable and unaccounted for, when the judiciary act as courts of order rather than justice, and when the government is no longer bound by the laws of the Constitution, then you no longer have a government “of the people, by the people and for the people.”

What we have is a government of wolves.

Our backs are against the proverbial wall.

The government and its cohorts have conspired to ensure that the only real recourse the American people have to express their displeasure with the government is through voting, which is no real recourse at all.

The penalties for civil disobedience, whistleblowing and rebellion are severe. If you refuse to pay taxes for government programs you believe to be immoral or illegal, you will go to jail. If you attempt to overthrow the government—or any agency thereof—because you believe it has overstepped its reach, you will go to jail. If you attempt to blow the whistle on government misconduct, there’s a pretty good chance you will go to jail.

For too long, the American people have obeyed the government’s dictates, no matter now extreme. We have paid its taxes, penalties and fines, no matter how outrageous. We have tolerated its indignities, insults and abuses, no matter how egregious. We have turned a blind eye to its indiscretions and incompetence, no matter how imprudent. We have held our silence in the face of its lawlessness, licentiousness and corruption, no matter how illicit.

We have suffered.

How long we will continue to suffer depends on how much we’re willing to give up for the sake of freedom.

America’s founders provided us with a very specific explanation about the purpose of government and a roadmap for what to do when the government abuses its authority, ignores our objections, and establishes itself as a tyrant.

We must choose between peaceful slavery (in other words, maintaining the status quo in servitude to the police state) and dangerous freedom. That will mean carving out a path in which we begin to take ownership of our government, starting at the local level, challenging the status quo, and raising hell—nonviolently—whenever a government official steps out of line.

We can no longer maintain the illusion of freedom.

As I make clear in my book Battlefield America: The War on the American People, we are at our most vulnerable right now.

Source: https://bit.ly/3eGv7LW

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  is available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

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