Archive for July, 2020

One Nation Under House Arrest: How Do COVID-19 Mandates Impact Our Freedoms?

Posted: July 29, 2020 in Uncategorized
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“It is proper to take alarm at the first experiment on our liberties. We hold this prudent jealousy to be the first duty of citizens, and one of the noblest characteristics of the late Revolution. The freeman of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle.”—James Madison

We have become one nation under house arrest.

You think we’re any different from the Kentucky couple fitted out with ankle monitoring bracelets and forced to quarantine at home?

We’re not

Consider what happened to Elizabeth and Isaiah Linscott.

Elizabeth took a precautionary diagnostic COVID-19 test before traveling to visit her parents and grandparents in Michigan. It came back positive: Elizabeth was asymptomatic for the novel coronavirus but had no symptoms. Her husband and infant daughter tested negative for the virus.

Now in a country where freedom actually means something, the Linscotts would have the right to determine for themselves how to proceed responsibly, but in the American Police State, we’ve only got as much freedom as the government allows.

That’s not saying much.

Indeed, it’s a dangerous time for anyone who still clings to the idea that freedom means the right to think for yourself and act responsibly according to your best judgment.

In that regard, the Linscotts are a little old-school in their thinking. When Elizabeth was asked to sign a self-quarantine order agreeing to check in daily with the health department and not to travel anywhere without prior approval, she refused.

“I shouldn’t have to ask for consent because I’m an adult who can make that decision. And as a citizen of the United States of America, that is my right to make that decision without having to disclose that to somebody else,” said Elizabeth. “So, no, I wouldn’t wear a mask. I would do everything that I could to make sure that I wouldn’t come in contact with other people because of the fear that’s spreading with this. But no, I would have just stayed home, take care of my child.”

Instead of signing the blanket statement, Elizabeth submitted her own written declaration:

I will do my best to stay home, as I do every other time I get sick. But I cannot comply to having to call the public health department everytime that I need to go out and do something. It’s my right and freedoms to go where I please and not have to answer to anyone for it. There is no pandemic and with a survival rate of 99.9998% I’m fine. I will continue to avoid the elderly, just like PRIOR guidelines state, try to stay home, get rest, get medicine, and get better. I decline.

A few days after being informed that Elizabeth’s case was being escalated and referred to law enforcement, the Linscotts reportedly found their home surrounded by multiple government vehicles, government personnel and the county sheriff armed with a court order and ankle monitors.

“We didn’t rob a store,” Linscott said. “We didn’t steal something. We didn’t hit and run. We didn’t do anything wrong.”

That’s the point, of course.

In an age of overcriminalization—when the law is wielded like a hammer to force compliance to the government’s dictates whatever they might be—you don’t have to do anything wrong to be fined, arrested or subjected to raids and seizures and surveillance.

Watch and see: just as it did in China, this pandemic is about to afford the government the perfect excuse for expanding its surveillance and data collection powers at our expense.

On a daily basis, Americans are already relinquishing (in many cases, voluntarily) the most intimate details of who we are—their biological makeup, our genetic blueprints, and our biometrics (facial characteristics and structure, fingerprints, iris scans, etc.)—in order to navigate an increasingly technologically-enabled world.

COVID-19, however, takes the surveillance state to the next level.

There’s already been talk of mass testing for COVID-19 antibodies, screening checkpoints, contact tracing, immunity passports to allow those who have recovered from the virus to move around more freely, and snitch tip lines for reporting “rule breakers” to the authorities.

As Reuters reports:

As the United States begins reopening its economy, some state officials are weighing whether house arrest monitoring technology – including ankle bracelets or location-tracking apps – could be used to police quarantines imposed on coronavirus carriers. But while the tech has been used sporadically for U.S. quarantine enforcement over the past few weeks, large scale rollouts have so far been held back by a big legal question: Can officials impose electronic monitoring without an offense or a court order?

More to the point, as the head of one tech company asked, “Can you actually constitutionally monitor someone who’s innocent? It’s uncharted territory.”

Except this isn’t exactly uncharted territory, is it?

It follows much the same pattern as every other state of emergency in recent years—legitimate or manufactured—that has empowered the government to add to its arsenal of technologies and powers.

The war on terror, the war on drugs, the war on illegal immigration, asset forfeiture schemes, road safety schemes, school safety schemes, eminent domain: all of these programs started out as legitimate responses to pressing concerns and have since become weapons of compliance and control in the police state’s hands.

It doesn’t even matter what the nature of the crisis might be—civil unrest, the national emergencies, “unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters”—as long as it allows the government to justify all manner of government tyranny in the so-called name of national security.

It’s hard to know who to trust anymore.

Certainly, in this highly partisan age, when everything from the COVID-19 pandemic to police brutality to football is being recast in light of one’s political leanings, it can be incredibly difficult to separate what constitutes a genuine safety concern versus what is hyper-politicized propaganda.

Take the mask mandates, for example.

Currently, 19 states have not issued mask mandates in response to rising COVID-19 infection numbers. More than 30 states have enacted some form of mask requirement. A growing number of retailers, including Walmart, Target and CVS,  are also joining the mask mandate bandwagon. Georgia’s governor, in a challenge to mask requirements by local governing bodies, filed a lawsuit challenging Atlanta’s dictate that masks be worn within city limits.

In some states, such as Indiana, where masks are required but there are no penalties for non-compliance, government officials are urging people to protect themselves but not to get into confrontations over masks or turn into snitches.

In other states, such as Virginia, the Nanny State is using more strong-handed tactics to force compliance with mask mandates, including the threat of fines, jail time, surprise inspections of businesses, and complaint hotlines that encourage citizens to snitch on each other. Officials in Las Vegas deployed 100 “compliance ambassadors” to help educate and enhance enforcement of the state’s mask mandate. One couple in Knoxville, Tenn., took mask-shaming to new heights when they created a Facebook page to track compliance by businesses, employees and customers.

In Miami, “residents now risk a legal penalty if they venture into public without a face mask. The city has assigned at least 39 police officers to make sure that residents are following the city’s mandatory mask ordinance. Offenders will be warned but, if they refuse to comply, they will be fined. The first offense will cost $100 and the second another $100. With a third — God forbid — the offender will be arrested.”

These conflicting and, in some cases, heavy-handed approaches to a pandemic that has locked down the nation for close to six months is turning this health crisis into an unnecessarily politicized, bureaucratic tug-of-war with no clear-cut winners to be found.

Certainly, this is not the first crisis to pit security concerns against freedom principles.

In this post-9/11 world, we have been indoctrinated into fearing and mistrusting one another instead of fearing and mistrusting the government. As a result, we’ve been forced to travel this road many, many times with lamentably predictable results each time: without fail, when asked to choose between safety and liberty, Americans historically tend to choose safety.

Failing to read the fine print on such devil’s bargains, “we the people” find ourselves repeatedly on the losing end as the government uses each crisis as a means of expanding its powers at taxpayer expense.

Whatever these mask mandates might be—authoritarian strong-arm tactics or health necessities to prevent further spread of the virus—they have thus far proven to be uphill legal battles for those hoping to challenge them in the courts as unconstitutional restrictions on their right to liberty, bodily autonomy, privacy and health.

In fact, Florida courts have upheld the mask ordinances, ruling that they do not infringe on constitutional rights and that “there is no reasonable expectation of privacy as to whether one covers their nose and mouth in public places, which are the only places to which the mask ordinance applies.”

Declaring that there is no constitutional right to infect others, Circuit Court Judge John Kastrenakes concluded that “the right to be ‘free from governmental intrusion’ does not automatically or completely shield an individual’s conduct from regulation.” Moreover, wrote Kastrenakes, constitutional rights and the ideals of limited government “do not absolve a citizen from the real-world consequences of their individual choices, or otherwise allow them to wholly skirt their social obligation to their fellow Americans or to society as a whole. This is particularly true when one’s individual choices can result in drastic, costly, and sometimes deadly, consequences to others.”

Virginia courts have also upheld mask mandates.

These court decisions take their cue from a 1905 U.S. Supreme Court decision in Jacobson v. Massachusetts in which the Court upheld the authority of states to enforce compulsory vaccination laws.

In other words, the courts have concluded that the government has a compelling interest in requiring masks to fight COVID-19 infections that overrides individual freedoms.

Generally, the government has to show a so-called compelling state interest before it can override certain critical rights such as free speech, assembly, press, privacy, search and seizure, etc. Most of the time, the government lacks that compelling state interest, but it still manages to violate those rights, setting itself up for legal battles further down the road.

We can spend time debating the mask mandates. However, criticizing those who rightly fear these restrictions to be a slippery slope to further police state tactics will not restore the freedoms that have been willingly sacrificed on the altar of national security by Americans of all political stripes over the years.

As I’ve warned, this is a test to see how whether the Constitution—and our commitment to the principles enshrined in the Bill of Rights—can survive a national crisis and true state of emergency.

It must be remembered that James Madison, the “father” of the U.S. Constitution and the Bill of Rights and the fourth president of the United States, advised that we should “take alarm at the first experiment upon our liberties.

Whether or not you consider these COVID-19 restrictions to be cause for alarm, they are far from the first experiment on our liberties. Indeed, whether or not you concede that the pandemic itself is cause for alarm, we should all be alarmed by the government’s response to this pandemic.

By government, I’m not referring to one particular politician or administration but to the entire apparatus at every level that conspires to keep “we the people” fearful of one another and under virtual house arrest.

This is what we’ve all been reduced to: prisoners in our skin, prisoners in our homes, prisoners in our communities—forced to comply with the government’s shifting mandates about how to navigate this pandemic or else.

Right now, COVID-19 is the perfect excuse for the government to wreak havoc on our freedoms in the name of safety and security, but as I make clear in my book Battlefield America: The War on the American People, don’t believe for a minute that our safety is the police state’s primary concern.

Source: https://bit.ly/338hIto

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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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 Federal Coup to Overthrow the States and Nix the 10th Amendment Is Underway

Posted: July 21, 2020 in Uncategorized
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“I don’t need invitations by the state, state mayors, or state governors, to do our job. We’re going to do that, whether they like us there or not.”—Acting Homeland Security Secretary Chad Wolf’s defense of the Trump Administration’s deployment of militarized federal police to address civil unrest in the states

This is a wake-up call.

What is unfolding before our very eyes—with police agencies defying local governments in order to tap into the power of federal militarized troops in order to put down domestic unrest—could very quickly snowball into an act of aggression against the states, a coup by armed, militarized agents of the federal government.

At a minimum, this is an attack on the Tenth Amendment, which affirms the sovereignty of the states and the citizenry, and the right of the states to stand as a bulwark against overreach and power grabs by the federal government.

If you’re still deluding yourself into believing that this thinly-veiled exercise in martial law is anything other than an attempt to bulldoze what remains of the Constitution and reinforce the iron-fisted rule of the police state, you need to stop drinking the Kool-Aid.

This is no longer about partisan politics or civil unrest or even authoritarian impulses.

This is a turning point.

Unless we take back the reins—and soon—looking back on this time years from now, historians may well point to the events of 2020 as the death blow to America’s short-lived experiment in self-government.

The government’s recent actions in Portland, Oregon—when unidentified federal agents (believed to be border police, ICE and DHS agents), wearing military fatigues with patches that just say “Police” and sporting all kinds of weapons, descended uninvited on the city in unmarked vehicles, snatching protesters off the streets and detaining them without formally arresting them or offering any explanation of why they’re being held—is just a foretaste of what’s to come.

One of those detainees was a 53-year-old disabled Navy veteran who was in downtown Portland during the protests but not a participant. Concerned about the tactics being used by government agents who had taken an oath of office to protect and defend the Constitution, Christopher David tried to speak the “secret” police. Almost immediately, he was assaulted by federal agents, beaten with batons and pepper sprayed

Another peaceful protester was reportedly shot in the head with an impact weapon by this federal goon squad.

The Trump Administration has already announced its plans to deploy these border patrol agents to other cities across the country (Chicago is supposedly next) in an apparent bid to put down civil unrest. Yet the overriding concerns by state and local government officials to Trump’s plans suggest that weaponizing the DHS as an occupying army will only provoke more violence and unrest.

We’ve been set up.

Under the guise of protecting federal properties against civil unrest, the Trump Administration has formed a task force of secret agents who look, dress and act like military stormtroopers on a raid and have been empowered to roam cities in unmarked vehicles, snatching citizens off the streets, whether or not they’ve been engaged in illegal activities.

As the Guardian reports, “The incidents being described sound eerily reminiscent of the CIA’s post-9/11 rendition program under George W Bush, where intelligence agents would roll up in unmarked vans in foreign countries, blindfold terrorism suspects (many of whom turned to be innocent) and kidnap them without explanation. Only instead of occurring on the streets of Italy or the Middle East, it’s happening in downtown Portland.”

The so-called racial justice activists who have made looting, violence, vandalism and intimidation tactics the hallmarks of their protests have played right into the government’s hands

They have delivered all of us into the police state’s hands.

There’s a reason Trump has tapped the Department of Homeland Security and the U.S. Customs and Border Protection for this dirty business: these agencies are notorious for their lawlessness, routinely sidestepping the Constitution and trampling on the rights of anyone who gets in their way, including legal citizens.

Indeed, it was only a matter of time before these roving bands of border patrol agents began flexing their muscles far beyond the nation’s borders and exercising their right to disregard the Constitution at every turn.

Except these border patrol cops aren’t just disregarding the Constitution.

They’re trampling all over the Constitution, especially the Fourth Amendment, which prohibits the government from carrying out egregious warrantless searches and seizures without probable cause.

As part of the government’s so-called crackdown on illegal immigration, drugs and trafficking, its border patrol cops have been expanding their reach, roaming further afield and subjecting greater numbers of Americans to warrantless searches, ID checkpoints, transportation checks, and even surveillance on private property far beyond the boundaries of the borderlands.

That so-called border, once a thin borderline, has become an ever-thickening band spreading deeper and deeper inside the country.

Now, with this latest salvo by the Trump administration in its so-called crackdown on rioting and civil unrest, America itself is about to become a Constitution-free zone where freedom is off-limits and government agents have all the power and “we the people” have none.

The Customs and Border Protection (CBP), with its more than 60,000 employees, supplemented by the National Guard and the U.S. military, is an arm of the Department of Homeland Security, a national police force imbued with all the brutality, ineptitude and corruption such a role implies.

As journalist Todd Miller explains:

In these vast domains, Homeland Security authorities can institute roving patrols with broad, extra-constitutional powers backed by national security, immigration enforcement and drug interdiction mandates. There, the Border Patrol can set up traffic checkpoints and fly surveillance drones overhead with high-powered cameras and radar that can track your movements. Within twenty-five miles of the international boundary, CBP agents can enter a person’s private property without a warrant.

Just about every nefarious deed, tactic or thuggish policy advanced by the government today can be traced back to the DHS, its police state mindset, and the billions of dollars it distributes to local police agencies in the form of grants to transform them into extensions of the military.

As Miller points out, the government has turned the nation’s expanding border regions into “a ripe place to experiment with tearing apart the Constitution, a place where not just undocumented border-crossers, but millions of borderland residents have become the targets of continual surveillance.”

In much the same way that police across the country have been schooled in the art of sidestepping the Constitution, border cops have also been drilled in the art of “anything goes” in the name of national security.

In fact, according to FOIA documents shared with The Intercept, border cops even have a checklist of “possible behaviors” that warrant overriding the Constitution and subjecting individuals—including American citizens—to stops, searches, seizures, interrogations and even arrests.

For instance, if you’re driving a vehicle that to a border cop looks unusual in some way, you can be stopped. If your passengers look dirty or unusual, you can be stopped. If you or your passengers avoid looking at a cop, you can be stopped. If you or your passengers look too long at a cop, you can be stopped.

If you’re anywhere near a border (near being within 100 miles of a border, or in a city, or on a bus, or at an airport), you can be stopped and asked to prove you’re legally allowed to be in the country. If you’re traveling on a public road that smugglers and other criminals may have traveled, you can be stopped.

If you’re not driving in the same direction as other cars, you can be stopped. If you appear to be avoiding a police checkpoint, you can be stopped. If your car appears to be weighed down, you can be stopped. If your vehicle is from out of town, wherever that might be, you can be stopped. If you’re driving a make of car that criminal-types have also driven, you can be stopped.

If your car appears to have been altered or modified, you can be stopped. If the cargo area in your vehicle is covered, you can be stopped.

If you’re driving during a time of day or night that border cops find suspicious, you can be stopped. If you’re driving when border cops are changing shifts, you can be stopped. If you’re driving in a motorcade or with another vehicle, you can be stopped. If your car appears dusty, you can be stopped.

If people with you are trying to avoid being seen, or exhibiting “unusual” behavior, you can be stopped. If you slow down after seeing a cop, you can be stopped.

In Portland, which is 400 miles from the border, protesters didn’t even have to be near federal buildings to be targeted. Some claimed to be targeted for simply wearing black clothing in the area of the demonstration.

Are you starting to get the picture yet?

This was never about illegal aliens and border crossings at all. It’s been a test to see how far “we the people” will allow the government to push the limits of the Constitution.

We’ve been failing this particular test for a long time now.

It was 1798 when Americans, their fears stoked by rumblings of a Quasi-War with France, failed to protest the Alien and Sedition Acts, which criminalized anti-government speech, empowered the government to deport “dangerous” non-citizens and made it harder for immigrants to vote.

During the Civil War, Americans went along when Abraham Lincoln suspended the writ of habeas corpus (the right to a speedy trial) and authorized government officials to spy on Americans’ mail.

During World War I, Americans took it in stride when  President Woodrow Wilson and Congress adopted the Espionage and Sedition Acts, which made it a crime to interfere with the war effort and criminalized any speech critical of war.

By World War II, Americans were marching in lockstep with the government’s expanding war powers to imprison Japanese-American citizens in detainment camps, censor mail, and lay the groundwork for the future surveillance state.

Fast-forward to the Cold War’s Red Scares, the McCarthy era’s hearings on un-American activities, and the government’s surveillance of Civil Rights activists such as Martin Luther King Jr.—all done in the name of national security.

By the time 9/11 rolled around, all George W. Bush had to do was claim the country was being invaded by terrorists, and the government was given greater powers to spy, search, detain and arrest American citizens in order to keep America safe.

The terrorist invasion never really happened, but the government kept its newly acquired police powers made possible by the nefarious USA Patriot Act.

Barack Obama continued Bush’s trend of undermining the Constitution, going so far as to give the military the power to strip Americans of their constitutional rights, label them extremists, and detain them indefinitely without trial, all in the name of keeping America safe.

Despite the fact that the breadth of the military’s power to detain American citizens violates not only U.S. law and the Constitution but also international laws, the government has refused to relinquish its detention powers made possible by the National Defense Authorization Act (NDAA).

Then Donald Trump took office, claiming the country was being invaded by dangerous immigrants and insisting that the only way to keep America safe was to build an expensive border wall, expand the reach of border patrol, and empower the military to “assist” with border control.

That so-called immigration crisis has now morphed into multiple crises (domestic extremism, the COVID-19 pandemic, race wars, civil unrest, etc.) that the government is eager to use in order to expand its powers.

Yet as we’ve learned the hard way, once the government acquires—and uses—additional powers (to spy on its citizens, to carry out surveillance, to transform its police forces into extensions of the police, to seize taxpayer funds, to wage endless wars, to censor and silence dissidents, to identify potential troublemakers, to detain citizens without due process), it does not voluntarily relinquish them

This is the slippery slope on which we’ve been traveling for far too long.

As Yale historian Timothy Snyder explains, “This is a classic way that violence happens in authoritarian regimes, whether it’s Franco’s Spain or whether it’s the Russian Empire. The people who are getting used to committing violence on the border are then brought in to commit violence against people in the interior.”

Sure, it’s the Trump Administration calling the shots right now, but it’s government agents armed with totalitarian powers and beholden to the bureaucratic Deep State who are carrying out these orders in defiance of the U.S. Constitution and all it represents.

Whether it’s Trump or Biden or someone else altogether, this year or a dozen years from now, the damage has been done: as I make clear in my book Battlefield America: The War on the American People, we have allowed the president to acquire dictatorial powers that can be unleashed at any moment.

There’s a reason the Trump Administration is consulting with John Yoo, the Bush-era attorney notorious for justifying waterboarding torture tactics against detainees. They’re not looking to understand how to follow the law and abide by the Constitution. Rather, they’re desperately seeking ways to thwart the Constitution.

As Harvard constitutional law professor Laurence Tribe recognizes, “The dictatorial hunger for power is insatiable.

This is how it begins.

This is how it always begins.

Don’t be fooled into thinking any of this will change when the next election rolls around.

Source: https://bit.ly/32H5M1C

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.

 

America, You’ve Been Blacklisted: McCarthyism Refashioned for a New Age

Posted: July 14, 2020 in Uncategorized
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“If we confuse dissent with disloyalty—if we deny the right of the individual to be wrong, unpopular, eccentric or unorthodox—if we deny the essence of racial equality then hundreds of millions in Asia and Africa who are shopping about for a new allegiance will conclude that we are concerned to defend a myth and our present privileged status. Every act that denies or limits the freedom of the individual in this country costs us the confidence of men and women who aspire to that freedom and independence of which we speak and for which our ancestors fought.”—Edward R. Murrow

For those old enough to have lived through the McCarthy era, there is a whiff of something in the air that reeks of the heightened paranoia, finger-pointing, fear-mongering, totalitarian tactics that were hallmarks of the 1950s.

Back then, it was the government—spearheaded by Senator Joseph McCarthy and the House Un-American Activities Committee—working in tandem with private corporations and individuals to blacklist Americans suspected of being communist sympathizers.

By the time the witch hunts carried out by federal and state investigative agencies drew to a close, thousands of individuals (the vast majority of them innocent any crime whatsoever) had been accused of communist ties, investigated, subpoenaed and blacklisted. Regarded as bad risks, the accused were blacklisted, and struggled to secure employment. The witch hunt ruined careers, resulting in suicides, and tightened immigration to exclude alleged subversives.

Seventy years later, the vitriol, fear-mongering and knee-jerk intolerance associated with McCarthy’s tactics are once again being deployed in a free-for-all attack by those on both the political Left and Right against anyone who, in daring to think for themselves, subscribes to ideas or beliefs that run counter to the government’s or mainstream thought.

It doesn’t even seem to matter what the issue is anymore (racism, Confederate monuments, Donald Trump, COVID-19, etc.): modern-day activists are busily tearing down monuments, demonizing historic figures, boycotting corporations for perceived political transgressions, and using their bully pulpit to terrorize the rest of the country into kowtowing to their demands.

All the while, the American police state continues to march inexorably forward.

This is how fascism, which silences all dissenting views, prevails.

The silence is becoming deafening.

After years of fighting in and out of the courts to keep their 87-year-old name, the NFL’s Washington Redskins have bowed to public pressure and will change their name and team logo to avoid causing offense. The new name, not yet announced, aims to honor both the military and Native Americans.

Eleanor Holmes Norton, a delegate to the House of Representatives who supports the name change, believes the team’s move “reflects the present climate of intolerance to names, statues, figments of our past that are racist in nature or otherwise imply racism [and] are no longer tolerated.”

Present climate of intolerance, indeed.

Yet it wasn’t a heightened racial conscience that caused the Redskins to change their brand. It was the money. The team caved after its corporate sponsors including FedEx, PepsiCo, Nike and Bank of America threatened to pull their funding.

So much for that U.S. Supreme Court victory preventing the government from censoring trademarked names it considers distasteful or scandalous.

Who needs a government censor when the American people are already doing such a great job at censoring themselves and each other, right?

Now there’s a push underway to boycott Goya Foods after its CEO, Robert Unanue, praised President Trump during a press conference to announce Goya’s donation of a million cans of Goya chickpeas and a million other food products to American food banks as part of the president’s Hispanic Prosperity Initiative.

Mind you, Unanue—whose grandfather emigrated to the U.S. from Spain—also praised the Obamas when they were in office, but that kind of equanimity doesn’t carry much weight in this climate of intolerance.

Not to be outdone, the censors are also taking aim at To Kill a Mockingbird, Harper Lee’s Pulitzer Prize-winning novel about Atticus Finch, a white lawyer in the Jim Crow South who defends a black man falsely accused of rape. Sixty years after its debut, the book remains a powerful testament to moral courage in the face of racial bigotry and systemic injustice, told from the point of view of a child growing up in the South, but that’s not enough for the censors. They want to axe the book—along with The Adventures of Huckleberry Finn—from school reading curriculums because of the presence of racial slurs that could make students feel “humiliated or marginalized.”

Never mind that the N-word makes a regular appearance in hip-hop songs. The prevailing attitude seems to be that it’s okay to use the N-word as long as the person saying the word is not white. Rapper Kendrick Lamar “would like white America to let black people exclusively have the word.”

Talk about a double standard.

This is also the overlooked part of how oppression becomes systemic: it comes about as a result of a combined effort between the populace, the corporations and the government.

McCarthyism worked the same way.

What started with Joseph McCarthy’s headline-grabbing scare tactics in the 1950s about Communist infiltrators of American society snowballed into a devastating witch hunt once corporations and the American people caught the fever.

McCarthyism was a contagion, like the plague, spreading like wildfire among people too fearful or weak or gullible or paranoid or greedy or ambitious to denounce it for what it was: an opportunistic scare tactic engineered to make the government more powerful.

McCarthy, a young Republican senator, grasped the opportunity to make a name for himself by capitalizing on the Cold War paranoia of the time. In a speech in February 1950, McCarthy claimed to have a list of over 200 members of the Communist Party “working and shaping the policy of the U.S. State Department.” The speech was picked up by the Associated Press, without substantiating the facts, and within a few days the hysteria began.

McCarthy specialized in sensational and unsubstantiated accusations about Communist infiltration of the American government, particularly the State Department. He also targeted well-known Hollywood actors and directors, trade unionists and teachers. Many others were brought before the inquisitional House Committee on Un-American Activities for questioning.

“McCarthyism” eventually smeared all the accused with the same broad brush, whether the evidence was good, bad or nonexistent.

The parallels to the present movement cannot be understated.

Even now, with modern-day McCarthyism sweeping the nation and America’s own history being blacklisted, I have to wonder what this sudden outrage and crisis of conscience is really all about.

Certainly, anyone who believes that the injustices, cruelties and vicious callousness of the U.S. government are unique to the Trump Administration has not been paying attention.

No matter what the team colors might be at any given moment, the playbook remains the same. The leopard has not changed its spots.

Scrape off the surface layers and you will find that the American police state that is continuing to wreak havoc on the rights of the people under the Trump Administration is the same police state that wreaked havoc on the rights of the people under every previous administration.

So please spare me the media hysterics and the outrage and the hypocritical double standards of those whose moral conscience appears to be largely dictated by their political loyalties.

While we squabble over which side is winning this losing battle, a tsunami approaches.

While the populace wages war over past injustices, injustice in the here and now continues to trample innocent lives underfoot. Certainly, little of significance is being done to stem the tide of institutional racism that has resulted in disproportionate numbers of black Americans who continue to be stopped, frisked, shot at, arrested and jailed.

I’ve had enough of the short- and long-term amnesia that allows political sycophants to conveniently forget the duplicity, complicity and mendacity of their own party while casting blame on everyone else.

When you drill right down to the core of things, the policies of a Trump Administration have been no different from an Obama Administration or a Bush Administration, at least not where it really counts.

In other words, Democrats by any other name have been Republicans, and vice versa.

War has continued. Surveillance has continued. Drone killings have continued. Police shootings have continued. Highway robbery meted out by government officials has continued. Corrupt government has continued. Profit-driven prisons have continued. Censorship and persecution of anyone who criticizes the government have continued. The militarization of the police has continued. The devastating SWAT team raids have continued. The government’s efforts to label dissidents as extremists and terrorists has continued.

The more things change, the more they have stayed the same.

We’ve been stuck in this political Groundhog’s Day for so long that minor deviations appear to be major developments while obscuring the fact that we’re stuck on repeat, unable to see the forest for the trees.

This is what is referred to as creeping normality, or a death by a thousand cuts.

It’s a concept invoked by Pulitzer Prize-winning scientist Jared Diamond to describe how major changes, if implemented slowly in small stages over time, can be accepted as normal without the shock and resistance that might greet a sudden upheaval.

Diamond’s concerns related to Easter Island’s now-vanished civilization and the societal decline and environmental degradation that contributed to it, but it’s a powerful analogy for the steady erosion of our freedoms and decline of our country right under our noses.

As Diamond explains, “In just a few centuries, the people of Easter Island wiped out their forest, drove their plants and animals to extinction, and saw their complex society spiral into chaos and cannibalism… Why didn’t they look around, realize what they were doing, and stop before it was too late? What were they thinking when they cut down the last palm tree?”

His answer: “I suspect that the disaster happened not with a bang but with a whimper.”

Much like America’s own colonists, Easter Island’s early colonists discovered a new world—“a pristine paradise”—teeming with life. Yet almost 2000 years after its first settlers arrived, Easter Island was reduced to a barren graveyard by a populace so focused on their immediate needs that they failed to preserve paradise for future generations.

The same could be said of the America today: it, too, is being reduced to a barren graveyard by a populace so focused on their immediate needs that they are failing to preserve freedom for future generations.

In Easter Island’s case, as Diamond speculates:

The forest…vanished slowly, over decades. Perhaps war interrupted the moving teams; perhaps by the time the carvers had finished their work, the last rope snapped. In the meantime, any islander who tried to warn about the dangers of progressive deforestation would have been overridden by vested interests of carvers, bureaucrats, and chiefs, whose jobs depended on continued deforestation… The changes in forest cover from year to year would have been hard to detect… Only older people, recollecting their childhoods decades earlier, could have recognized a difference. Gradually trees became fewer, smaller, and less important. By the time the last fruit-bearing adult palm tree was cut, palms had long since ceased to be of economic significance. That left only smaller and smaller palm saplings to clear each year, along with other bushes and treelets. No one would have noticed the felling of the last small palm.”

Sound painfully familiar yet?

We’ve already torn down the rich forest of liberties established by our founders. It has vanished slowly, over the decades. Those who warned against the dangers posed by too many laws, invasive surveillance, militarized police, SWAT team raids and the like have been silenced and ignored. They stopped teaching about freedom in the schools. Few Americans know their history. And even fewer seem to care that their fellow Americans are being jailed, muzzled, shot, tasered, and treated as if they have no rights at all.

The erosion of our freedoms happened so incrementally, no one seemed to notice. Only the older generations, remembering what true freedom was like, recognized the difference. Gradually, the freedoms enjoyed by the citizenry became fewer, smaller and less important. By the time the last freedom falls, no one will know the difference.

This is how tyranny rises and freedom falls: with a thousand cuts, each one justified or ignored or shrugged over as inconsequential enough by itself to bother, but they add up.

Each cut, each attempt to undermine our freedoms, each loss of some critical right—to think freely, to assemble, to speak without fear of being shamed or censored, to raise our children as we see fit, to worship or not worship as our conscience dictates, to eat what we want and love who we want, to live as we want—they add up to an immeasurable failure on the part of each and every one of us to stop the descent down that slippery slope.

We are on that downward slope now.

The contagion of fear that McCarthy helped spread with the help of government agencies, corporations and the power elite is still poisoning the well, whitewashing our history, turning citizen against citizen, and stripping us of our rights.

What we desperately need is the kind of resolve embodied by Edward R. Murrow, the most-respected newsman of his day.

On March 9, 1954, Murrow dared to speak truth to power about the damage McCarthy was inflicting on the American people. His message remains a timely warning for our age.

We will not walk in fear, one of another. We will not be driven by fear into an age of unreason, if we dig deep in our history and our doctrine; and remember that we are not descended from fearful men. Not from men who feared to write, to speak, to associate, and to defend causes that were for the moment unpopular. This is no time for men who oppose Senator McCarthy’s methods to keep silent, or for those who approve. We can deny our heritage and our history, but we cannot escape responsibility for the result. There is no way for a citizen of a republic to abdicate his responsibilities. As a nation we have come into our full inheritance at a tender age. We proclaim ourselves, as indeed we are, the defenders of freedom, wherever it continues to exist in the world, but we cannot defend freedom abroad by deserting it at home. The actions of the junior Senator from Wisconsin have caused alarm and dismay amongst our allies abroad, and given considerable comfort to our enemies. And whose fault is that? Not really his. He didn’t create this situation of fear; he merely exploited it—and rather successfully. Cassius was right. ”The fault, dear Brutus, is not in our stars, but in ourselves.”

America is approaching another reckoning right now, one that will pit our commitment to freedom principles against a level of fear-mongering that is being used to wreak havoc on everything in its path.

The outcome rests, as always, with “we the people.” As Murrow said to his staff before the historic March 9 broadcast: “No one can terrorize a whole nation, unless we are all his accomplices.”

Take heed, America.

As I make clear in my book Battlefield America: The War on the American People, this may be your last warning.

Source: https://bit.ly/3h1igoO

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.

 

Tyranny Without a Tyrant: The Deep State’s Divide-and-Conquer Strategy Is Working

Posted: July 7, 2020 in Uncategorized
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“In a fully developed bureaucracy there is nobody left with whom one can argue, to whom one can present grievances, on whom the pressures of power can be exerted. Bureaucracy is the form of government in which everybody is deprived of political freedom, of the power to act; for the rule by Nobody is not no-rule, and where all are equally powerless, we have a tyranny without a tyrant.” ― Hannah Arendt, On Violence

What exactly is going on?

Is this revolution? Is this anarchy? Is this a spectacle engineered to distract us from the machinations of the police state? Is this a sociological means of re-setting our national equilibrium? Is this a Machiavellian scheme designed to further polarize the populace and undermine our efforts to stand unified against government tyranny? Is this so-called populist uprising actually a manufactured race war and election-year referendum on who should occupy the White House?

Whatever it is, this—the racial hypersensitivity without racial justice, the kowtowing to politically correct bullies with no regard for anyone else’s free speech rights, the violent blowback after years of government-sanctioned brutality, the mob mindset that is overwhelming the rights of the individual, the oppressive glowering of the Nanny State, the seemingly righteous indignation full of sound and fury that in the end signifies nothing, the partisan divide that grows more impassable with every passing day—is not leading us anywhere good.

Certainly it’s not leading to more freedom.

This draconian exercise in how to divide, conquer and subdue a nation is succeeding.

It must be said: the Black Lives Matter protests have not helped. Inadvertently or intentionally, these protests—tinged with mob violence, rampant incivility, intolerance, and an arrogant disdain for how an open marketplace of ideas can advance freedom—have politicized what should never have been politicized: police brutality and the government’s ongoing assaults on our freedoms.

For one brief moment in the wake of George Floyd’s death, it seemed as if finally “we the people” might put aside our differences long enough to stand united in outrage over the government’s brutality.

That sliver of unity didn’t last.

We may be worse off now than we were before.

Suddenly, no one seems to be talking about any of the egregious governmental abuses that are still wreaking havoc on our freedoms: police shootings of unarmed individuals, invasive surveillance, roadside blood draws, roadside strip searches, SWAT team raids gone awry, the military industrial complex’s costly wars, pork barrel spending, pre-crime laws, civil asset forfeiture, fusion centers, militarization, armed drones, smart policing carried out by AI robots, courts that march in lockstep with the police state, schools that function as indoctrination centers, bureaucrats that keep the Deep State in power.

The more things change, the more they stay the same.

How do you persuade a populace to embrace totalitarianism, that goose-stepping form of tyranny in which the government has all of the power and “we the people” have none?

You persuade the people that the menace they face (imaginary or not) is so sinister, so overwhelming, so fearsome that the only way to surmount the danger is by empowering the government to take all necessary steps to quash it, even if that means allowing government jackboots to trample all over the Constitution.

This is how you use the politics of fear to persuade a freedom-endowed people to shackle themselves to a dictatorship.

It works the same way every time

The government’s overblown, extended wars on terrorism, drugs, violence, illegal immigration, and so-called domestic extremism have been convenient ruses used to terrorize the populace into relinquishing more of their freedoms in exchange for elusive promises of security.

Having allowed our fears to be codified and our actions criminalized, we now find ourselves in a strange new world where just about everything we do is criminalized, even our ability to choose whether or not to wear a mask in public during the COVID-19 pandemic.

Strangely enough, in the face of outright corruption and incompetency on the part of our elected officials, Americans in general remain relatively gullible, eager to be persuaded that the government can solve the problems that plague us, whether it be terrorism, an economic depression, an environmental disaster, or a global pandemic.

We have relinquished control over the most intimate aspects of our lives to government officials who, while they may occupy seats of authority, are neither wiser, smarter, more in tune with our needs, more knowledgeable about our problems, nor more aware of what is really in our best interests. Yet having bought into the false notion that the government does indeed know what’s best for us and can ensure not only our safety but our happiness and will take care of us from cradle to grave—that is, from daycare centers to nursing homes—we have in actuality allowed ourselves to be bridled and turned into slaves at the bidding of a government that cares little for our freedoms or our happiness.

The lesson is this: once a free people allows the government inroads into their freedoms or uses those same freedoms as bargaining chips for security, it quickly becomes a slippery slope to outright tyranny.

Nor does it seem to matter whether it’s a Democrat or a Republican at the helm anymore. Indeed, the bureaucratic mindset on both sides of the aisle now seems to embody the same philosophy of authoritarian government, whose priorities are to milk “we the people” of our hard-earned money (by way of taxes, fines and fees) and remain in control and in power.

Modern government in general—ranging from the militarized police in SWAT team gear crashing through our doors to the rash of innocent citizens being gunned down by police to the invasive spying on everything we do—is acting illogically, even psychopathically. (The characteristics of a psychopath include a “lack of remorse and empathy, a sense of grandiosity, superficial charm, conning and manipulative behavior, and refusal to take responsibility for one’s actions, among others.”)

When our own government no longer sees us as human beings with dignity and worth but as things to be manipulated, maneuvered, mined for data, manhandled by police, conned into believing it has our best interests at heart, mistreated, and then jails us if we dare step out of line, punishes us unjustly without remorse, and refuses to own up to its failings, we are no longer operating under a constitutional republic. Instead, what we are experiencing is a pathocracy: tyranny at the hands of a psychopathic government, which “operates against the interests of its own people except for favoring certain groups.”

So where does that leave us?

Having allowed the government to expand and exceed our reach, we find ourselves on the losing end of a tug-of-war over control of our country and our lives. And for as long as we let them, government officials will continue to trample on our rights, always justifying their actions as being for the good of the people.

Yet the government can only go as far as “we the people” allow. Therein lies the problem.

The pickle we find ourselves in speaks volumes about the nature of the government beast we have been saddled with and how it views the rights and sovereignty of “we the people.”

Now you don’t hear a lot about sovereignty anymore. Sovereignty is a dusty, antiquated term that harkens back to an age when kings and emperors ruled with absolute power over a populace that had no rights. Americans turned the idea of sovereignty on its head when they declared their independence from Great Britain and rejected the absolute authority of King George III. In doing so, Americans claimed for themselves the right to self-government and established themselves as the ultimate authority and power.

In other words, in America, “we the people”— sovereign citizens—call the shots.

So when the government acts, it is supposed to do so at our bidding and on our behalf, because we are the rulers.

That’s not exactly how it turned out, though, is it?

In the 200-plus years since we boldly embarked on this experiment in self-government, we have been steadily losing ground to the government’s brazen power grabs, foisted upon us in the so-called name of national security.

The government has knocked us off our rightful throne. It has usurped our rightful authority. It has staged the ultimate coup. Its agents no longer even pretend that they answer to “we the people.” Worst of all, “we the people” have become desensitized to this constant undermining of our freedoms.

How do we reconcile the Founders’ vision of the government as an entity whose only purpose is to serve the people with the police state’s insistence that the government is the supreme authority, that its power trumps that of the people themselves, and that it may exercise that power in any way it sees fit (that includes government agents crashing through doors, mass arrests, ethnic cleansing, racial profiling, indefinite detentions without due process, and internment camps)?

They cannot be reconciled. They are polar opposites.

We are fast approaching a moment of reckoning where we will be forced to choose between the vision of what America was intended to be (a model for self-governance where power is vested in the people) and the reality of what it has become (a police state where power is vested in the government).

This slide into totalitarianism—helped along by overcriminalization, government surveillance, militarized police, neighbors turning in neighbors, privatized prisons, and forced labor camps, to name just a few similarities—is tracking very closely with what happened in Germany in the years leading up to Hitler’s rise to power.

We are walking a dangerous path right now.

No matter who wins the presidential election come November, it’s a sure bet that the losers will be the American people.

Despite what is taught in school and the propaganda that is peddled by the media, the 2020 presidential election is not a populist election for a representative. Rather, it’s a gathering of shareholders to select the next CEO, a fact reinforced by the nation’s archaic electoral college system.

Anyone who believes that this election will bring about any real change in how the American government does business is either incredibly naïve, woefully out-of-touch, or oblivious to the fact that as an in-depth Princeton University study shows, we now live in an oligarchy that is “of the rich, by the rich and for the rich.”

When a country spends close to $10 billion on elections to select what is, for all intents and purposes, a glorified homecoming king or queen to occupy the White House and fill other government seats, while more than 40 million of its people live in poverty, more than 40 million Americans are on unemployment, more than 500,000 Americans are homeless, and analysts forecast it will take a decade to work our way out of the current COVID-induced recession, that’s a country whose priorities are out of step with the needs of its people.

Be warned, however: the Establishment—the Deep State and its corporate partners that really run the show, pull the strings and dictate the policies, no matter who occupies the Oval Office—is not going to allow anyone to take office who will unravel their power structures. Those who have attempted to do so in the past have been effectively put out of commission.

Voting sustains the illusion that we have a democratic republic, but it is merely a dictatorship in disguise, or what political scientists Martin Gilens and Benjamin Page more accurately refer to as an “economic élite domination.”

In such an environment, the economic elite (lobbyists, corporations, monied special interest groups) dictate national policy. As the Princeton University oligarchy study indicates, our elected officials, especially those in the nation’s capital, represent the interests of the rich and powerful rather than the average citizen. As such, the citizenry has little if any impact on the policies of government.

We have been saddled with a two-party system and fooled into believing that there’s a difference between the Republicans and Democrats, when in fact, the two parties are exactly the same. As one commentator noted, both parties support endless war, engage in out-of-control spending, ignore the citizenry’s basic rights, have no respect for the rule of law, are bought and paid for by Big Business, care most about their own power, and have a long record of expanding government and shrinking liberty

We’re drowning under the weight of too much debt, too many wars, too much power in the hands of a centralized government run by a corporate elite, too many militarized police, too many laws, too many lobbyists, and generally too much bad news.

The powers-that-be want us to believe that our job as citizens begins and ends on Election Day. They want us to believe that we have no right to complain about the state of the nation unless we’ve cast our vote one way or the other. They want us to remain divided over politics, hostile to those with whom we disagree politically, and intolerant of anyone or anything whose solutions to what ails this country differ from our own.

What they don’t want us talking about is the fact that the government is corrupt, the system is rigged, the politicians don’t represent us, the electoral college is a joke, most of the candidates are frauds, and, as I point out in my book Battlefield America: The War on the American People, we as a nation are repeating the mistakes of history—namely, allowing a totalitarian state to reign over us.

Former concentration camp inmate Hannah Arendt warned against this when she wrote, “Never has our future been more unpredictable, never have we depended so much on political forces that cannot be trusted to follow the rules of common sense and self-interest—forces that look like sheer insanity, if judged by the standards of other centuries.”

As we once again find ourselves faced with the prospect of voting for the lesser of two evils, “we the people” have a decision to make: do we simply participate in the collapse of the American republic as it degenerates toward a totalitarian regime, or do we take a stand and reject the pathetic excuse for government that is being fobbed off on us?

Never forget that the lesser of two evils is still evil.

Source: https://bit.ly/2VVoP3Y

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.