Archive for March, 2021

Stand Up to Tyranny: How to Respond to the Evils of Our Age

Posted: March 29, 2021 in Uncategorized
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TIEPOLO, Giandomenico_La expulsion de los mercaderes del Templo, c.1750-1753_ 398 (1955.3)

“The church must be reminded that it is not the master or the servant of the state, but rather the conscience of the state. It must be the guide and the critic of the state, and never its tool. If the church does not recapture its prophetic zeal, it will become an irrelevant social club without moral or spiritual authority.”—Martin Luther King Jr. (A Knock at Midnight, June 11, 1967)

In every age, we find ourselves wrestling with the question of how Jesus Christ—the itinerant preacher and revolutionary activist who died challenging the police state of his time, namely, the Roman Empire—would respond to the moral questions of our day.

For instance, would Jesus advocate, as so many evangelical Christian leaders have done in recent years, for congregants to “submit to your leaders and those in authority,” which in the American police state translates to complying, conforming, submitting, obeying orders, deferring to authority and generally doing whatever a government official tells you to do?

What would Jesus do? 

Study the life and teachings of Jesus, and you may be surprised at how relevant he is to our modern age.

A radical nonconformist who challenged authority at every turn, Jesus spent his adult life speaking truth to power, challenging the status quo of his day, pushing back against the abuses of the Roman Empire, and providing a blueprint for standing up to tyranny that would be followed by those, religious and otherwise, who came after him.

Those living through this present age of government lockdowns, immunity passports, militarized police, SWAT team raids, police shootings of unarmed citizens, roadside strip searches, invasive surveillance and the like might feel as if these events are unprecedented. However, the characteristics of a police state and its reasons for being are no different today than they were in Jesus’ lifetime: control, power and money.

Much like the American Empire today, the Roman Empire of Jesus’ day was characterized by secrecy, surveillance, a widespread police presence, a citizenry treated like suspects with little recourse against the police state, perpetual wars, a military empire, martial law, and political retribution against those who dared to challenge the power of the state.

A police state extends far beyond the actions of law enforcement.  In fact, a police state “is characterized by bureaucracy, secrecy, perpetual wars, a nation of suspects, militarization, surveillance, widespread police presence, and a citizenry with little recourse against police actions.”

Indeed, the police state in which Jesus lived (and died) and its striking similarities to modern-day America are beyond troubling.

Secrecy, surveillance and rule by the elite. As the chasm between the wealthy and poor grew wider in the Roman Empire, the ruling class and the wealthy class became synonymous, while the lower classes, increasingly deprived of their political freedoms, grew disinterested in the government and easily distracted by “bread and circuses.” Much like America today, with its lack of government transparency, overt domestic surveillance, and rule by the rich, the inner workings of the Roman Empire were shrouded in secrecy, while its leaders were constantly on the watch for any potential threats to its power. The resulting state-wide surveillance was primarily carried out by the military, which acted as investigators, enforcers, torturers, policemen, executioners and jailers. Today that role is fulfilled by the NSA, the FBI, the Department of Homeland Security and the increasingly militarized police forces across the country.

Widespread police presence. The Roman Empire used its military forces to maintain the “peace,” thereby establishing a police state that reached into all aspects of a citizen’s life. In this way, these military officers, used to address a broad range of routine problems and conflicts, enforced the will of the state. Today SWAT teams, comprised of local police and federal agents, are employed to carry out routine search warrants for minor crimes such as marijuana possession and credit card fraud.

Citizenry with little recourse against the police state. As the Roman Empire expanded, personal freedom and independence nearly vanished, as did any real sense of local governance and national consciousness. Similarly, in America today, citizens largely feel powerless, voiceless and unrepresented in the face of a power-hungry federal government. As states and localities are brought under direct control by federal agencies and regulations, a sense of learned helplessness grips the nation.

Perpetual wars and a military empire. Much like America today with its practice of policing the world, war and an over-arching militarist ethos provided the framework for the Roman Empire, which extended from the Italian peninsula to all over Southern, Western, and Eastern Europe, extending into North Africa and Western Asia as well. In addition to significant foreign threats, wars were waged against inchoate, unstructured and socially inferior foes.

Martial law. Eventually, Rome established a permanent military dictatorship that left the citizens at the mercy of an unreachable and oppressive totalitarian regime. In the absence of resources to establish civic police forces, the Romans relied increasingly on the military to intervene in all matters of conflict or upheaval in provinces, from small-scale scuffles to large-scale revolts. Not unlike police forces today, with their martial law training drills on American soil, militarized weapons and “shoot first, ask questions later” mindset, the Roman soldier had “the exercise of lethal force at his fingertips” with the potential of wreaking havoc on normal citizens’ lives.

A nation of suspects. Just as the American Empire looks upon its citizens as suspects to be tracked, surveilled and controlled, the Roman Empire looked upon all potential insubordinates, from the common thief to a full-fledged insurrectionist, as threats to its power. The insurrectionist was seen as directly challenging the Emperor.  A “bandit,” or revolutionist, was seen as capable of overturning the empire, was always considered guilty and deserving of the most savage penalties, including capital punishment. Bandits were usually punished publicly and cruelly as a means of deterring others from challenging the power of the state.  Jesus’ execution was one such public punishment.

Acts of civil disobedience by insurrectionists. Starting with his act of civil disobedience at the Jewish temple, the site of the administrative headquarters of the Sanhedrin, the supreme Jewish council, Jesus branded himself a political revolutionary. When Jesus “with the help of his disciples, blocks the entrance to the courtyard” and forbids “anyone carrying goods for sale or trade from entering the Temple,” he committed a blatantly criminal and seditious act, an act “that undoubtedly precipitated his arrest and execution.” Because the commercial events were sponsored by the religious hierarchy, which in turn was operated by consent of the Roman government, Jesus’ attack on the money chargers and traders can be seen as an attack on Rome itself, an unmistakable declaration of political and social independence from the Roman oppression.

Military-style arrests in the dead of night. Jesus’ arrest account testifies to the fact that the Romans perceived Him as a revolutionary. Eerily similar to today’s SWAT team raids, Jesus was arrested in the middle of the night, in secret, by a large, heavily armed fleet of soldiers.  Rather than merely asking for Jesus when they came to arrest him, his pursuers collaborated beforehand with Judas. Acting as a government informant, Judas concocted a kiss as a secret identification marker, hinting that a level of deception and trickery must be used to obtain this seemingly “dangerous revolutionist’s” cooperation. 

Torture and capital punishment. In Jesus’ day, religious preachers, self-proclaimed prophets and nonviolent protesters were not summarily arrested and executed. Indeed, the high priests and Roman governors normally allowed a protest, particularly a small-scale one, to run its course. However, government authorities were quick to dispose of leaders and movements that appeared to threaten the Roman Empire. The charges leveled against Jesus—that he was a threat to the stability of the nation, opposed paying Roman taxes and claimed to be the rightful King—were purely political, not religious. To the Romans, any one of these charges was enough to merit death by crucifixion, which was usually reserved for slaves, non-Romans, radicals, revolutionaries and the worst criminals.

Jesus was presented to Pontius Pilate “as a disturber of the political peace,” a leader of a rebellion, a political threat, and most gravely—a claimant to kingship, a “king of the revolutionary type.” After Jesus is formally condemned by Pilate, he is sentenced to death by crucifixion, “the Roman means of executing criminals convicted of high treason.”  The purpose of crucifixion was not so much to kill the criminal, as it was an immensely public statement intended to visually warn all those who would challenge the power of the Roman Empire. Hence, it was reserved solely for the most extreme political crimes: treason, rebellion, sedition, and banditry. After being ruthlessly whipped and mocked, Jesus was nailed to a cross.

As Professor Mark Lewis Taylor observed:

The cross within Roman politics and culture was a marker of shame, of being a criminal. If you were put to the cross, you were marked as shameful, as criminal, but especially as subversive. And there were thousands of people put to the cross. The cross was actually positioned at many crossroads, and, as New Testament scholar Paula Fredricksen has reminded us, it served as kind of a public service announcement that said, “Act like this person did, and this is how you will end up.”

Jesus—the revolutionary, the political dissident, and the nonviolent activist—lived and died in a police state. Any reflection on Jesus’ life and death within a police state must take into account several factors: Jesus spoke out strongly against such things as empires, controlling people, state violence and power politics. Jesus challenged the political and religious belief systems of his day. And worldly powers feared Jesus, not because he challenged them for control of thrones or government but because he undercut their claims of supremacy, and he dared to speak truth to power in a time when doing so could—and often did—cost a person his life.

Unfortunately, the radical Jesus, the political dissident who took aim at injustice and oppression, has been largely forgotten today, replaced by a congenial, smiling Jesus trotted out for religious holidays but otherwise rendered mute when it comes to matters of war, power and politics.

Yet for those who truly study the life and teachings of Jesus, the resounding theme is one of outright resistance to war, materialism and empire.

Ultimately, as I point out in my book Battlefield America: The War on the American People, this is the contradiction that must be resolved if the radical Jesus—the one who stood up to the Roman Empire and was crucified as a warning to others not to challenge the powers-that-be—is to be an example for our modern age.

After all, there is so much suffering and injustice in the world, and so much good that can be done by those who truly aspire to follow Jesus Christ’s example.

We must decide whether we will follow the path of least resistance—willing to turn a blind eye to what Martin Luther King Jr. referred to as the “evils of segregation and the crippling effects of discrimination, to the moral degeneracy of religious bigotry and the corroding effects of narrow sectarianism, to economic conditions that deprive men of work and food, and to the insanities of militarism and the self-defeating effects of physical violence”—or whether we will be transformed nonconformists “dedicated to justice, peace, and brotherhood.”

As King explained in a powerful sermon delivered in 1954, “This command not to conform comes … [from] Jesus Christ, the world’s most dedicated nonconformist, whose ethical nonconformity still challenges the conscience of mankind.”

Furthermore:

We need to recapture the gospel glow of the early Christians, who were nonconformists in the truest sense of the word and refused to shape their witness according to the mundane patterns of the world.  Willingly they sacrificed fame, fortune, and life itself in behalf of a cause they knew to be right.  Quantitatively small, they were qualitatively giants.  Their powerful gospel put an end to such barbaric evils as infanticide and bloody gladiatorial contests.  Finally, they captured the Roman Empire for Jesus Christ… The hope of a secure and livable world lies with disciplined nonconformists, who are dedicated to justice, peace, and brotherhood.  The trailblazers in human, academic, scientific, and religious freedom have always been nonconformists.  In any cause that concerns the progress of mankind, put your faith in the nonconformist!

…Honesty impels me to admit that transformed nonconformity, which is always costly and never altogether comfortable, may mean walking through the valley of the shadow of suffering, losing a job, or having a six-year-old daughter ask, “Daddy, why do you have to go to jail so much?”  But we are gravely mistaken to think that Christianity protects us from the pain and agony of mortal existence.  Christianity has always insisted that the cross we bear precedes the crown we wear.  To be a Christian, one must take up his cross, with all of its difficulties and agonizing and tragedy-packed content, and carry it until that very cross leaves its marks upon us and redeems us to that more excellent way that comes only through suffering.

In these days of worldwide confusion, there is a dire need for men and women who will courageously do battle for truth.  We must make a choice. Will we continue to march to the drumbeat of conformity and respectability, or will we, listening to the beat of a more distant drum, move to its echoing sounds?  Will we march only to the music of time, or will we, risking criticism and abuse, march to the soul saving music of eternity?

Source: https://bit.ly/3fpLVu7

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.

After a Year Under Lockdown, Will Our Freedoms Survive the Tyranny of COVID-19?

Posted: March 23, 2021 in Uncategorized
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“The remedy is worse than the disease.”—Francis Bacon

One way or another, the majority of Americans will survive COVID-19.

It remains to be seen, however, whether our freedoms will survive the tyranny of the government’s heavy-handed response to the COVID-19 pandemic.

Indeed, now that the government has gotten a taste for flexing its police state powers by way of a bevy of lockdowns, mandates, restrictions, contact tracing programs, heightened surveillance, censorship, overcriminalization, etc., we may all be long-haulers, suffering under the weight of long-term COVID-19 afflictions.

Instead of dealing with the headaches, fatigue and neurological aftereffects of the virus, however, “we the people” may well find ourselves burdened with a Nanny State inclined to use its draconian pandemic powers to protect us from ourselves.

Therein lies the danger of the government’s growing addiction to power.

What started out a year ago as an apparent effort to prevent a novel coronavirus from sickening the nation (and the world) has become yet another means by which world governments (including our own) can expand their powers, abuse their authority, and further oppress their constituents.

Until recently, the police state had been more circumspect in its power grabs, but this latest state of emergency has brought the beast out of the shadows.

It’s a given that you can always count on the government to take advantage of a crisis, legitimate or manufactured. Emboldened by the citizenry’s inattention and willingness to tolerate its abuses, the government has weaponized one national crisis after another in order to expand its 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 name of so-called national security.

This coronavirus pandemic has been no exception.

Not only have the federal and state governments unraveled the constitutional fabric of the nation with lockdown mandates that sent the economy into a tailspin and wrought havoc with our liberties, but they have almost persuaded the citizenry to depend on the government for financial handouts, medical intervention, protection and sustenance.

This past year under lockdown was a lesson in many things, but most of all, it was a lesson in how to indoctrinate a populace to love and obey Big Brother.

What started off as an experiment in social distancing in order to flatten the curve of this virus, and not overwhelm the nation’s hospitals or expose the most vulnerable to unavoidable loss of life scenarios quickly became strongly worded suggestions for citizens to voluntarily stay at home and strong-armed house arrest orders with penalties in place for non-compliance.

Every day brought a drastic new set of restrictions by government bodies (most have been delivered by way of executive orders) at the local, state and federal level that were eager to flex their muscles for the so-called “good” of the populace.

There was talk of mass testing for COVID-19 antibodies, screening checkpoints, mass surveillance in order to carry out contact tracing, immunity passports to allow those who have recovered from the virus to move around more freely, snitch tip lines for reporting “rule breakers” to the authorities, and heavy fines and jail time for those who dare to venture out without a mask, congregate in worship without the government’s blessing, or re-open their businesses without the government’s say-so.

To some, these may seem like small, necessary steps in the war against the COVID-19 virus, but they’re only necessary to the Deep State in its efforts to further undermine the Constitution, extend its control over the populace, and feed its insatiable appetite for ever-greater powers.

After all, whatever dangerous practices you allow the government to carry out now—whether it’s in the name of national security or protecting America’s borders or making America healthy again—rest assured, these same practices can and will be used against you when the government decides to set its sights on you.

The war on drugs turned out to be a war on the American people, waged with SWAT teams and militarized police. The war on terror turned out to be a war on the American people, waged with warrantless surveillance and indefinite detention. The war on immigration turned out to be a war on the American people, waged with roving government agents demanding “papers, please.”

This war on COVID-19 could usher in yet another war on the American people, waged with all of the surveillance weaponry at the government’s disposal: thermal imaging cameras, drones, contact tracing, biometric databases, etc.

Unless we find some way to rein in the government’s power grabs, the fall-out will be epic.

Everything I have warned about for years—government overreach, invasive surveillance, martial law, abuse of powers, militarized police, weaponized technology used to track and control the citizenry, and so on—has coalesced into this present moment.

The government’s shameless exploitation of past national emergencies for its own nefarious purposes pales in comparison to what is presently unfolding.

It’s downright Machiavellian.

Deploying the same strategy it used with 9/11 to acquire greater powers under the USA Patriot Act, the police state—a.k.a. the shadow government, a.k.a. the Deep State—has been anticipating this moment for years, quietly assembling a wish list of lockdown powers that could be trotted out and approved at a moment’s notice.

It should surprise no one, then, that the Trump Administration asked Congress to allow it to suspend parts of the Constitution whenever it deems it necessary during this coronavirus pandemic and “other” emergencies. It’s that “other” emergencies part that should particularly give you pause, if not spur you to immediate action (by action, I mean a loud and vocal, apolitical, nonpartisan outcry and sustained, apolitical, nonpartisan resistance).

In fact, the Department of Justice (DOJ) started to quietly trot out and test a long laundry list of terrifying powers that override the Constitution.

We’re talking about lockdown powers (at both the federal and state level): the ability to suspend the Constitution, indefinitely detain American citizens, bypass the courts, quarantine whole communities or segments of the population, override the First Amendment by outlawing religious gatherings and assemblies of more than a few people, shut down entire industries and manipulate the economy, muzzle dissidents, “stop and seize any plane, train or automobile to stymie the spread of contagious disease,” reshape financial markets, create a digital currency (and thus further restrict the use of cash), determine who should live or die.

These are powers the police state would desperately like to make permanent.

Don’t make the mistake of assuming that anything will change for the better under the Biden administration. That’s not how totalitarian regimes operate.

Bear in mind, however, that the powers the government officially asked Congress to recognize and authorize barely scratch the surface of the far-reaching powers the government has already unilaterally claimed for itself.

Unofficially, the police state has been riding roughshod over the rule of law for years now without any pretense of being reined in or restricted in its power grabs by Congress, the courts or the citizenry.

As David C. Unger, observes in The Emergency State: America’s Pursuit of Absolute Security at All Costs:

“For seven decades we have been yielding our most basic liberties to a secretive, unaccountable emergency state – a vast but increasingly misdirected complex of national security institutions, reflexes, and beliefs that so define our present world that we forget that there was ever a different America. … Life, liberty, and the pursuit of happiness have given way to permanent crisis management: to policing the planet and fighting preventative wars of ideological containment, usually on terrain chosen by, and favorable to, our enemies. Limited government and constitutional accountability have been shouldered aside by the kind of imperial presidency our constitutional system was explicitly designed to prevent.”

This rise of an “emergency state” that justifies all manner of government tyranny in the name of so-called national security is all happening according to schedule.

The 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,” the government’s reliance on the armed forces to solve domestic political and social problems, the implicit declaration of martial law packaged as a well-meaning and overriding concern for the nation’s security: the powers-that-be have been planning and preparing for such a crisis for years now, not just with active shooter drills and lockdowns and checkpoints and heightened danger alerts, but with a sensory overload of militarized, battlefield images—in video games, in movies, on the news—that acclimate us to life in a totalitarian regime.

Whether or not this particular crisis is of the government’s own making is not the point: to those for whom power and profit are everything, the end always justifies the means.

The seeds of this present madness were sown several decades ago when George W. Bush stealthily issued two presidential directives that granted the president the power to unilaterally declare a national emergency, which is loosely defined as “any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions.

Comprising the country’s Continuity of Government (COG) plan, these directives, which do not need congressional approval, provide a skeletal outline of the actions the president will take in the event of a “national emergency.”

Mind you, that national emergency can take any form, can be manipulated for any purpose, and can be used to justify any end goal—all on the say so of the president.

Just what sort of actions the president will take once he declares a national emergency can barely be discerned from the barebones directives. However, one thing is clear: in the event of a national emergency, the COG directives give unchecked executive, legislative and judicial power to the executive branch and its unelected minions.

The country would then be subjected to martial law by default, and the Constitution and the Bill of Rights would be suspended.

The emergency state is now out in the open for all to see.

Unfortunately, “we the people” refuse to see what’s before us.

This is how freedom dies.

We erect our own prison walls, and as our rights dwindle away, we forge our own chains of servitude to the police state.

Be warned, however: once you surrender your freedoms to the government—no matter how compelling the reason might be for doing so—you can never get them back.

No government willingly relinquishes power. If we continue down this road, there can be no surprise about what awaits us at the end.

That said, we still have rights. Technically, at least.

We should not voluntarily relinquish every shred of our humanity, our common sense, or our freedoms to a nanny state that thinks it can do a better job of keeping us safe.

The government may act as if its police state powers trump individual liberties during this COVID-19 pandemic, but for all intents and purposes, the Constitution—especially the battered, besieged Bill of Rights—still stands in theory, if not in practice.

The decisions we make right now—about freedom, commerce, free will, how we care for the least of these in our communities, what it means to provide individuals and businesses with a safety net, how far we allow the government to go in “protecting” us against this virus, etc.—will haunt us for a long time to come.

At times like these, when emotions are heightened, fear dominates, common sense is in short supply, liberty takes a backseat to public safety, and democratic societies approach the tipping point towards mob rule, there is a tendency to cast those who exercise their individual freedoms (to freely speak, associate, assemble, protest, pursue a living, engage in commerce, etc.) as foolishly reckless, criminally selfish, outright villains or so-called “extremists.”

Sometimes that is true, but not always.

There is always a balancing test between individual freedoms and the communal good.

What we must figure out is how to strike a balance that allows us to protect those who need protecting without leaving us chained and in bondage to the police state.

Blindly following the path of least resistance—acquiescing without question to whatever the government dictates—can only lead to more misery, suffering and the erection of a totalitarian regime in which there is no balance.

Whatever we give up willingly now—whether it’s basic human decency, the ability to manage our private affairs, the right to have a say in how the government navigates this crisis, or the few rights still left to us that haven’t been disemboweled in recent years by a power-hungry police state—we won’t get back so easily once this crisis is past.

As I make clear in my book Battlefield America: The War on the American People, the government never cedes power willingly. Neither should we.

A year ago, I warned that this was a test to see 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.

Nothing has changed on that front.

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

These COVID-19 restrictions are far from the first experiment on our liberties. Yet if “we the people” continue to allow the government to trample our rights in the name of so-called national security, we can be assured that things will get worse, not better.

WC: 2354

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.

Digital Trails: How the FBI Is Identifying, Tracking and Rounding Up Dissidents

Posted: March 16, 2021 in Uncategorized
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Who’s peering through your digital data?

“Americans deserve the freedom to choose a life without surveillance and the government regulation that would make that possible. While we continue to believe the sentiment, we fear it may soon be obsolete or irrelevant. We deserve that freedom, but the window to achieve it narrows a little more each day. If we don’t act now, with great urgency, it may very well close for good.”—Charlie Warzel and Stuart A. Thompson, New York Times

Databit by databit, we are building our own electronic concentration camps.

With every new smart piece of smart technology we acquire, every new app we download, every new photo or post we share online, we are making it that much easier for the government and its corporate partners to identify, track and eventually round us up.

Saint or sinner, it doesn’t matter because we’re all being swept up into a massive digital data dragnet that does not distinguish between those who are innocent of wrongdoing, suspects, or criminals.

This is what it means to live in a suspect society.

The government’s efforts to round up those who took part in the Capitol riots shows exactly how vulnerable we all are to the menace of a surveillance state that aspires to a God-like awareness of our lives.

Relying on selfies, social media posts, location data, geotagged photos, facial recognition, surveillance cameras and crowdsourcing, government agents are compiling a massive data trove on anyone and everyone who may have been anywhere in the vicinity of the Capitol on January 6, 2021.

The amount of digital information is staggering: 15,000 hours of surveillance and body-worn camera footage; 1,600 electronic devices; 270,000 digital media tips; at least 140,000 photos and videos; and about 100,000 location pings for thousands of smartphones.

And that’s just what we know.

More than 300 individuals from 40 states have already been charged and another 280 arrested in connection with the events of January 6. As many as 500 others are still being hunted by government agents.

Also included in this data roundup are individuals who may have had nothing to do with the riots but whose cell phone location data identified them as being in the wrong place at the wrong time.

Forget about being innocent until proven guilty.

In a suspect society such as ours, the burden of proof has been flipped: now, you start off guilty and have to prove your innocence.

For instance, you didn’t even have to be involved in the Capitol riots to qualify for a visit from the FBI: investigators have reportedly been tracking—and questioning—anyone whose cell phones connected to wi-fi or pinged cell phone towers near the Capitol. One man, who had gone out for a walk with his daughters only to end up stranded near the Capitol crowds, actually had FBI agents show up at his door days later. Using Google Maps, agents were able to pinpoint exactly where they were standing and for how long.

All of the many creepy, calculating, invasive investigative and surveillance tools the government has acquired over the years are on full display right now in the FBI’s ongoing efforts to bring the rioters to “justice.”

FBI agents are matching photos with drivers’ license pictures; tracking movements by way of license plate toll readers; and zooming in on physical identifying marks such as moles, scars and tattoos, as well as brands, logos and symbols on clothing and backpacks. They’re poring over hours of security and body camera footage; scouring social media posts; triangulating data from cellphone towers and WiFi signals; layering facial recognition software on top of that; and then cross-referencing footage with public social media posts.

It’s not just the FBI on the hunt, however.

They’ve enlisted the help of volunteer posses of private citizens, such as Deep State Dogs, to collaborate on the grunt work. As Dinah Voyles Pulver reports, once Deep State Dogs locates a person and confirms their identity, they put a package together with the person’s name, address, phone number and several images and send it to the FBI.

According to USA Today, the FBI is relying on the American public and volunteer cybersleuths to help bolster its cases.

This takes See Something, Say Something snitching programs to a whole new level.

The lesson to be learned: Big Brother, Big Sister and all of their friends are watching you.

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

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

Simply liking or sharing this article on Facebook, retweeting it on Twitter, or merely reading it or any other articles related to government wrongdoing, surveillance, police misconduct or civil liberties might be enough to get you categorized as a particular kind of person with particular kinds of interests that reflect a particular kind of mindset that might just lead you to engage in a particular kinds of activities and, therefore, puts you in the crosshairs of a government investigation as a potential troublemaker a.k.a. domestic extremist.

Chances are, as the Washington Post reports, you have already been assigned a color-coded threat score—green, yellow or red—so police are forewarned about your potential inclination to be a troublemaker depending on whether you’ve had a career in the military, posted a comment perceived as threatening on Facebook, suffer from a particular medical condition, or know someone who knows someone who might have committed a crime.

In other words, you might already be flagged as potentially anti-government in a government database somewhere—Main Core, for example—that identifies and tracks individuals who aren’t inclined to march in lockstep to the police state’s dictates.

The government has the know-how.

It took days, if not hours or minutes, for the FBI to begin the process of identifying, tracking and rounding up those suspected of being part of the Capitol riots.

Imagine how quickly government agents could target and round up any segment of society they wanted to based on the digital trails and digital footprints we leave behind.

Of course, the government has been hard at work for years acquiring these totalitarian powers.

Long before the January 6 riots, the FBI was busily amassing the surveillance tools necessary to monitor social media posts, track and identify individuals using cell phone signals and facial recognition technology, and round up “suspects” who may be of interest to the government for one reason or another.

As The Intercept reported, the FBI, CIA, NSA and other government agencies have increasingly invested in corporate surveillance technologies that can mine constitutionally protected speech on social media platforms such as Facebook, Twitter and Instagram in order to identify potential extremists and predict who might engage in future acts of anti-government behavior.

All it needs is the data, which more than 90% of young adults and 65% of American adults are happy to provide.

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

As for the Fourth Amendment and its prohibitions on warrantless searches and invasions of privacy without probable cause, those safeguards have been rendered all but useless by legislative end-runs, judicial justifications, and corporate collusions.

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

Consider that on any given day, the average American going about his daily business will be monitored, surveilled, spied on and tracked in more than 20 different ways, by both government and corporate eyes and ears. A byproduct of this new age in which we live, whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency, whether the NSA or some other entity, is listening in and tracking your behavior.

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

For example, police have been using Stingray devices mounted on their cruisers to intercept cell phone calls and text messages without court-issued search warrants. Doppler radar devices, which can detect human breathing and movement within a home, are already being employed by the police to deliver arrest warrants.

License plate readers, yet another law enforcement spying device made possible through funding by the Department of Homeland Security, can record up to 1800 license plates per minute. Moreover, these surveillance cameras can also photograph those inside a moving car. Reports indicate that the Drug Enforcement Administration has been using the cameras in conjunction with facial recognition software to build a “vehicle surveillance database” of the nation’s cars, drivers and passengers.

Sidewalk and “public space” cameras, sold to gullible communities as a sure-fire means of fighting crime, is yet another DHS program that is blanketing small and large towns alike with government-funded and monitored surveillance cameras. It’s all part of a public-private partnership that gives government officials access to all manner of surveillance cameras, on sidewalks, on buildings, on buses, even those installed on private property.

Couple these surveillance cameras with facial recognition and behavior-sensing technology and you have the makings of “pre-crime” cameras, which scan your mannerisms, compare you to pre-set parameters for “normal” behavior, and alert the police if you trigger any computerized alarms as being “suspicious.”

State and federal law enforcement agencies are pushing to expand their biometric and DNA databases by requiring that anyone accused of a misdemeanor have their DNA collected and catalogued. However, technology is already available that allows the government to collect biometrics such as fingerprints from a distance, without a person’s cooperation or knowledge. One system can actually scan and identify a fingerprint from nearly 20 feet away.

Developers are hard at work on a radar gun that can actually show if you or someone in your car is texting. Another technology being developed, dubbed a “textalyzer” device, would allow police to determine whether someone was driving while distracted. Refusing to submit one’s phone to testing could result in a suspended or revoked driver’s license.

It’s a sure bet that anything the government welcomes (and funds) too enthusiastically is bound to be a Trojan horse full of nasty, invasive surprises.

Case in point: police body cameras. Hailed as the easy fix solution to police abuses, these body cameras—made possible by funding from the Department of Justice—turn police officers into roving surveillance cameras. Of course, if you try to request access to that footage, you’ll find yourself being led a merry and costly chase through miles of red tape, bureaucratic footmen and unhelpful courts.

The “internet of things” refers to the growing number of “smart” appliances and electronic devices now connected to the internet and capable of interacting with each other and being controlled remotely. These range from thermostats and coffee makers to cars and TVs. Of course, there’s a price to pay for such easy control and access. That price amounts to relinquishing ultimate control of and access to your home to the government and its corporate partners. For example, while Samsung’s Smart TVs are capable of “listening” to what you say, thereby allowing users to control the TV using voice commands, it also records everything you say and relays it to a third party, e.g., the government.

Then again, the government doesn’t really need to spy on you using your smart TV when the FBI can remotely activate the microphone on your cellphone and record your conversations. The FBI can also do the same thing to laptop computers without the owner knowing any better.

Drones, which are taking to the skies en masse, are the converging point for all of the weapons and technology already available to law enforcement agencies. In fact, drones can listen in on your phone calls, see through the walls of your home, scan your biometrics, photograph you and track your movements, and even corral you with sophisticated weaponry.

All of these technologies add up to a society in which there’s little room for indiscretions, imperfections, or acts of independence, especially not when the government can listen in on your phone calls, monitor your driving habits, track your movements, scrutinize your purchases and peer through the walls of your home.

These digital trails are everywhere.

As investigative journalists Charlie Warzel and Stuart A. Thompson explain, “This data—collected by smartphone apps and then fed into a dizzyingly complex digital advertising ecosystem … provided an intimate record of people whether they were visiting drug treatment centers, strip clubs, casinos, abortion clinics or places of worship.”

In such a surveillance ecosystem, we’re all suspects and databits to be tracked, catalogued and targeted.

As Warzel and Thompson warn:

“To think that the information will be used against individuals only if they’ve broken the law is naïve; such data is collected and remains vulnerable to use and abuse whether people gather in support of an insurrection or they justly protest police violence… This collection will only grow more sophisticated… It gets easier by the day… it does not discriminate. It harvests from the phones of MAGA rioters, police officers, lawmakers and passers-by. There is no evidence, from the past or current day, that the power this data collection offers will be used only to good ends. There is no evidence that if we allow it to continue to happen, the country will be safer or fairer.”

As I point out in my book Battlefield America: The War on the American People, this is the creepy, calculating yet diabolical genius of the American police state: the very technology we hailed as revolutionary and liberating has become our prison, jailer, probation officer, Big Brother and Father Knows Best all rolled into one.

There is no gray area any longer.

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

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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 Government’s War on Free Speech: Protest Laws Undermine the First Amendment

Posted: March 16, 2021 in Uncategorized
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BERKELEY, CA – SEPTEMBER 24: Protesters hold signs during a free speech rally with right wing commentator Milo Yiannopoulos at U.C. Berkeley on September 24, 2017 in Berkeley, California. Hundreds of protesters came out to support and demonstrate against Milo Yiannopoulos as he held a free speech rally at U.C. Berkeley. (Photo by Justin Sullivan/Getty Images)

“If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter.”— George Washington

It’s a given that the government is corrupt, unaccountable, and has exceeded its authority.

So what can we do about it?

The first remedy involves speech (protest, assembly, speech, prayer, and publicity), and lots of it, in order to speak truth to power.

The First Amendment, which is the cornerstone of the Bill of Rights, affirms the right of “we the people” to pray freely about our grievances regarding the government. We can gather together peacefully to protest those grievances. We can publicize those grievances. And we can express our displeasure (peacefully) in word and deed.

Unfortunately, tyrants don’t like people who speak truth to power.

The American Police State has shown itself to be particularly intolerant of free speech activities that challenge its authority, stand up to its power grabs, and force it to operate according to the rules of the Constitution.

Cue the rise of protest laws, the police state’s go-to methods for muzzling discontent.

These protest laws, some of which appear to encourage violence against peaceful protesters by providing immunity to individuals who drive their car into protesters impeding traffic and use preemptive deadly force against protesters who might be involved in a riot, take intolerance for speech with which one might disagree to a whole new level.

Ever since the Capitol protests on Jan. 6, 2021, state legislatures have introduced a broad array of these laws aimed at criminalizing protest activities. Yet while the growing numbers of protest laws cropping up across the country are being marketed as necessary to protect private property, public roads or national security, they are a wolf in sheep’s clothing, a thinly disguised plot to discourage anyone from challenging government authority at the expense of our First Amendment rights.

It doesn’t matter what the source of that discontent might be (police brutality, election outcomes, COVID-19 mandates, the environment, etc.): protest laws, free speech zones, bubble zones, trespass zones, anti-bullying legislation, zero tolerance policies, hate crime laws, etc., aim to muzzle every last one of us.

However, as Human Rights Watch points out, these assaults on free speech are nothing new. “Various states have long-tried to curtail the right to protest. They do so by legislating wide definitions of what constitutes an ‘unlawful assembly’ or a ‘riot’ as well as increasing punishments. They also allow police to use catch-all public offenses, such as trespassing, obstructing traffic, or disrupting the peace, as a pretext for ordering dispersals, using force, and making arrests. Finally, they make it easier for corporations and others to bring lawsuits against protest organizers.”

Make no mistake: while many of these laws claim to be in the interest of “public safety and limiting economic damage,” these legislative attempts to redefine and criminalize speech are a backdoor attempt to rewrite the Constitution and render the First Amendment’s robust safeguards null and void.

For instance, there are at least 205 proposed laws being considered in 45 states that would curtail the right to peacefully assemble and protest by expanding the definition of rioting, heightening penalties for existing offenses, or creating new crimes associated with assembly.

No matter how you package these laws, no matter how well-meaning they may sound, no matter how much you may disagree with the protesters or sympathize with the objects of the protest, these proposed laws are aimed at one thing only: discouraging dissent.

In Alabama, lawmakers are pushing to allow individuals to use deadly force near a riot. Kentucky, Missouri and New Hampshire are also considering similar stand your ground laws to justify the use of lethal force in relation to riots.

In Arizona, legislators want to classify protests involving seven or more people as felonies punishable by up to two years in jail. Under such a law, traditional, nonviolent forms of civil disobedience—sit-ins, boycotts and marches—would be illegal.

In Arkansas, peaceful protesters who engage in civil disobedience by occupying any government property after being told to leave could face six months in jail and a $1000 fine.

In Minnesota, where activists continue to protest the death of George Floyd, who was killed after police knelt on his neck for eight minutes, individuals who are found guilty of any kind of offense in connection with a peaceful protest could be denied a range of benefits, including food assistance, education loans and grants, and unemployment assistance.

Oregon lawmakers wanted to “require public community colleges and universities to expel any student convicted of participating in a violent riot.” In Illinois, students who twice infringe the rights of others to engage in expressive activities could be suspended for at least a year.

Proposed laws in at least 25 states, including Oklahoma, Mississippi, and Florida, would give drivers the green light to “accidentally” run over protesters who are preventing them from fleeing a riot. Washington wants to levy steeper penalties against protesters who “swarm” a vehicle, punishing them for a repeat offense with up to 40 years in prison and a $100,000 fine.

Responding to protests over the Keystone Pipeline, South Dakota enabled its governor and sheriffs to prohibit gatherings of 20 or more people on public land if the gathering might damage the land. At least 15 other states have also adopted or are considering legislation that would levy harsher penalties for environmental protests near oil and gas pipelines.

In Iowa, all it takes is for one person in a group of three of more people to use force or cause property damage, and the whole group can be punished with up to 5 years in prison and a $7,500 fine.

Obstruct access to critical infrastructure in Mississippi and you could be facing a $10,000 fine and a seven-year prison sentence.

A North Carolina law would have made it a crime to heckle state officials. Under this law, shouting at a former governor would constitute a crime.

In Connecticut, you could be sentenced to five years behind bars and a $5,000 fine for disrupting the state legislature by making noise or using disturbing language.

Indiana lawmakers wanted to authorize police to use “any means necessary” to breakup mass gatherings that block traffic. Lawmakers have since focused their efforts on expanding the definition of a “riot” and punishing anyone who wears a mask to a peaceful protest, even a medical mask, with 2.5 years in prison and a $10,000 fine.

Georgia wants to ban all spontaneous, First Amendment-protected assemblies and deny anyone convicted of violating the ban from receiving state or local employment benefits.

Virginia wants to subject protesters who engage in an “unlawful assembly” after “having been lawfully warned to disperse” with up to a year of jail time and a fine of up to $2,500.

Missouri made it illegal for public employees to take part in strikes and picketing, only to have the law ruled unconstitutional in its entirety.

Oklahoma created a sliding scale for protesters whose actions impact or impede critical infrastructure (including a telephone pole). The penalties range from $1,000 and six months in a county jail to $100,000 and up to 10 years in prison. And if you’re part of an organization, that fine goes as high as $1,000,000.

Talk about intimidation tactics.

Ask yourself: if there are already laws on the books in all of the states that address criminal or illegal behavior such as blocking public roadways, trespassing on private property or vandalizing property—because such laws are already on the books—then why does the government need to pass laws criminalizing activities that are already outlawed?

What’s really going on here?

No matter what the politicians might say, the government doesn’t care about our rights, our welfare or our safety.

Every despotic measure used to control us and make us cower and comply with the government’s dictates has been packaged as being for our benefit, while in truth benefiting only those who stand to profit, financially or otherwise, from the government’s transformation of the citizenry into a criminal class.

In this way, the government conspires to corrode our core freedoms purportedly for our own good but really for its own benefit.

Remember, the USA Patriot Act didn’t make us safer. It simply turned American citizens into suspects and, in the process, gave rise to an entire industry—private and governmental—whose profit depends on its ability to undermine our Fourth Amendment rights.

In much the same way that the Patriot Act was used as a front to advance the surveillance state, allowing the government to establish a far-reaching domestic spying program that turned every American citizen into a criminal suspect, the government’s anti-extremism program criminalizes otherwise lawful, nonviolent activities such as peaceful protesting.

Clearly, freedom no longer means what it once did.

This holds true whether you’re talking about the right to criticize the government in word or deed, the right to be free from government surveillance, the right to not have your person or your property subjected to warrantless searches by government agents, the right to due process, the right to be safe from soldiers invading your home, the right to be innocent until proven guilty and every other right that once reinforced the founders’ belief that this would be “a government of the people, by the people and for the people.”

Not only do we no longer have dominion over our bodies, our families, our property and our lives, but the government continues to chip away at what few rights we still have to speak freely and think for ourselves.

Yet the unspoken freedom enshrined in the First Amendment is the right to think freely and openly debate issues without being muzzled or treated like a criminal.

In other words, if we no longer have the right to voice concerns about COVID-19 mandates, if we no longer have the right to tell a Census Worker to get off our property, if we no longer have the right to tell a police officer to get a search warrant before they dare to walk through our door, if we no longer have the right to stand in front of the Supreme Court wearing a protest sign or approach an elected representative to share our views, if we no longer have the right to protest unjust laws or government policies by voicing our opinions in public or on social media or before a legislative body—no matter how politically incorrect or socially unacceptable those views might be—then we do not have free speech.

What we have instead is regulated, controlled speech, and that’s what those who founded America called tyranny.

On paper, we may be technically free.

In reality, however, we are only as free as a government official may allow.

As the great George Carlin rightly observed: “Rights aren’t rights if someone can take them away. They’re privileges. That’s all we’ve ever had in this country, is a bill of temporary privileges. And if you read the news even badly, you know that every year the list gets shorter and shorter. Sooner or later, the people in this country are gonna realize the government … doesn’t care about you, or your children, or your rights, or your welfare or your safety… It’s interested in its own power. That’s the only thing. Keeping it and expanding it wherever possible.”

In other words, we only think we live in a constitutional republic, governed by just laws created for our benefit.

As I make clear in my book Battlefield America: The War on the American People, we live in a dictatorship disguised as a democracy where all that we own, all that we earn, all that we say and do—our very lives—depends on the benevolence of government agents and corporate shareholders for whom profit and power will always trump principle. And now the government is litigating and legislating its way into a new framework where the dictates of petty bureaucrats carry greater weight than the inalienable rights of the citizenry.

Remember: if the government can control speech, it can control thought and, in turn, it can control the minds of the citizenry.

Source: https://www.rutherford.org/publications_resources/john_whiteheads_commentary/the_governments_war_on_free_speech_protest_laws_undermine_the_first_amendment

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.

Home Invasions: All the Ways the Government Can Lay Siege to Your Property

Posted: March 2, 2021 in Uncategorized
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“How ‘secure’ do our homes remain if police, armed with no warrant, can pound on doors at will and … forcibly enter?”—Supreme Court Justice Ruth Bader Ginsburg, the lone dissenter in Kentucky v. King

Americans are not safe in their homes.

Not anymore, at least.

This present menace comes from the government and its army of bureaucratized, corporatized, militarized mercenaries who are waging war on the last stronghold left to us as a free people: the sanctity of our homes.

The weapons of this particular war on our personal security and our freedoms include an abundance of laws that criminalize almost everything we do, a government that views our private property as its own, militarized police who have been brainwashed into believing that they operate above the law, courts that insulate police from charges of wrongdoing, legislatures that legitimize the government’s usurpations of our rights, and a populace that is so ignorant of their rights and distracted by partisan politics as to be utterly incapable of standing up to the government’s overreaches, incursions and power grabs.

This is how far the mighty have fallen.

Government agents—with or without a warrant, with or without probable cause that criminal activity is afoot, and with or without the consent of the homeowner—are now justified in mounting home invasions in order to pursue traffic violators, seize lawfully-owned weapons, carry out knock-and-talk “chats” with homeowners in the dead of night, “prevent” individuals from harming themselves, provide emergency aid, intervene in the face of imminent danger, serve as community caretakers, chase down individuals suspected of committing misdemeanor crimes, and anything else they can get away with.

This doesn’t even begin to touch on the many ways the government and its corporate partners-in-crime may be using surveillance technology—with or without the blessing of the courts—to invade one’s home: with wiretaps, thermal imaging, surveillance cameras, and other monitoring devices.

However, while the courts and legislatures have yet to fully address the implications of such virtual intrusions on our Fourth Amendment, there is no mistaking the physical intrusions by police into the privacy of one’s home: the toehold entry, the battering ram, the SWAT raid, the knock-and-talk conversation, etc.

Whether such intrusions, warranted or otherwise, are unconstitutional continues to be litigated, legislated and debated.

The spirit of the Constitution, drafted by men who chafed against the heavy-handed tyranny of an imperial ruler, would suggest that one’s home is a fortress, safe from almost every kind of intrusion. Unfortunately, a collective assault by the government’s cabal of legislators, litigators, judges and militarized police has all but succeeded in reducing that fortress—and the Fourth Amendment alongside it—to a crumbling pile of rubble.

Two cases before the U.S. Supreme Court this term, Caniglia v. Strom and Lange v. California, are particularly noteworthy.

In Caniglia v. Strom, police want to be able to carry out warrantless home invasions in order to seize lawfully-owned guns under the pretext of their so-called “community caretaking” duties. Under the “community caretaking” exception to the Fourth Amendment, police can conduct warrantless searches of vehicles relating to accident investigations and provide aid to “citizens who are ill or in distress.”

At a time when red flag gun laws are gaining traction as a legislative means by which to allow police to remove guns from people suspected of being threats, it wouldn’t take much to expand the Fourth Amendment’s “community caretaking” exception to allow police to enter a home without a warrant and seize lawfully-possessed firearms based on concerns that the guns might pose a danger.

What we do not need is yet another pretext by which government officials can violate the Fourth Amendment at will under the pretext of public health and safety.

In Lange v. California, police want to be able to enter homes without warrants as long as they can claim to be in pursuit of someone they suspect may have committed a crime. Yet as Justice Neil Gorsuch points out, in an age in which everything has been criminalized, that leaves the door wide open for police to enter one’s home in pursuit of any and all misdemeanor crimes.

At issue in Lange is whether police can justify entering homes without a warrant under the “hot pursuit” exception to the Fourth Amendment.

The case arose after a California cop followed a driver, Arthur Lange, who was honking his horn while listening to music. The officer followed Lange, supposedly to cite him for violating a local noise ordinance, but didn’t actually activate the police cruiser’s emergency lights until Lange had already arrived home and entered his garage. Sticking his foot under the garage door just as it was about to close, the cop confronted Lange, smelled alcohol on his breath, ordered him to take a sobriety test, and then charged him with a DUI and a noise infraction.

Lange is just chock full of troubling indicators of a greater tyranny at work.

Overcriminalization: That you can now get pulled over and cited for honking your horn while driving and listening to music illustrates just how uptight and over-regulated life in the American police state has become.

Make-work policing: At a time when crime remains at an all-time low, it’s telling that a police officer has nothing better to do than follow a driver seemingly guilty of nothing more than enjoying loud music.

Warrantless entry: That foot in the door is a tactic that, while technically illegal, is used frequently by police attempting to finagle their way into a home and sidestep the Fourth Amendment’s warrant requirement.

The definition of reasonable: Although the Fourth Amendment prohibits warrantless and unreasonable searches and seizures of “persons, houses, papers, and effects,” where we run into real trouble is when the government starts dancing around what constitutes a “reasonable” search. Of course, that all depends on who gets to decide what is reasonable. There’s even a balancing test that weighs the intrusion on a person’s right to privacy against the government’s interests, which include public safety.

Too often, the scales weigh in the government’s favor.

End runs around the law: The courts, seemingly more concerned with marching in lockstep with the police state than upholding the rights of the people, have provided police with a long list of exceptions that have gutted the Fourth Amendment’s once-robust privacy protections.

Exceptions to the Fourth Amendment’s warrant requirement allow the police to carry out warrantless searches: if someone agrees to the search; in order to ferret out weapons or evidence during the course of an arrest; if police think someone is acting suspiciously and may be armed; during a brief investigatory stop; if a cop sees something connected to a crime in plain view; if police are in hot pursuit of a suspect who flees into a building; if they believe a vehicle has contraband; in an emergency where there may not be time to procure a warrant; and at national borders and in airports.

In other words, almost anything goes when it comes to all the ways in which the government can now invade your home and lay siege to your property.

Thus we tumble down that slippery slope which might have started out with a genuine concern for public safety and the well-being of the citizenry only to end up as a self-serving expansion of the government’s powers that makes a mockery of the Fourth Amendment while utterly disregarding the rights of “we the people.”

Frankly, it’s a wonder we have any property interests, let alone property rights, left to protect.

Think about it.

That house you live in, the car you drive, the small (or not so small) acreage of land that has been passed down through your family or that you scrimped and saved to acquire, whatever money you manage to keep in your bank account after the government and its cronies have taken their first and second and third cut…none of it is safe from the government’s greedy grasp.

At no point do you ever have any real ownership in anything other than the clothes on your back.

Everything else can be seized by the government under one pretext or another (civil asset forfeiture, unpaid taxes, eminent domain, public interest, etc.).

The American Dream has been reduced to a lease arrangement in which we are granted the privilege of endlessly paying out the nose for assets that are only ours so long as it suits the government’s purposes.

And when it doesn’t suit the government’s purposes? Watch out.

This is not a government that respects the rights of its citizenry or the law. Rather, this is a government that sells its citizens to the highest bidder and speaks to them in a language of force.

Under such a fascist regime, the Fifth Amendment to the U.S. Constitution, which declares that no person shall “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation,” has become yet another broken shield, incapable of rendering any protection against corporate greed while allowing the government to justify all manner of “takings” in the name of the public good.

What we are grappling with is a government that has forfeited its purpose for existing.

Philosophers dating back to John Locke have long asserted that the true purpose of government is to protect our rights, not just our collective rights as a people, but our individual rights, specifically our rights to life, liberty and property. As James Madison concluded in the Federalist Papers, “Government is instituted no less for the protection of the property than of the persons of individuals.”

What we have been saddled with is a government that has not only lost sight of its primary reason for being—to protect the people’s rights—but has also re-written the script and cast itself as an imperial overlord with all of the neo-feudal authority such a position entails.

Let me put it another way.

If the government can tell you what you can and cannot do within the privacy of your home, whether it relates to what you eat, what you smoke or whom you love, you no longer have any rights whatsoever within your home.

If government officials can fine and arrest you for growing vegetables in your front yard, gathering with friends to worship in your living room, installing solar panels on your roof, and raising chickens in your backyard, you’re no longer the owner of your property.

If school officials can punish your children for what they do or say while at home or in your care, your children are not your own—they are the property of the state.

If government agents can invade your home, break down your doors, kill your dog, damage your furnishings and terrorize your family, your property is no longer private and secure—it belongs to the government.

If police can forcefully draw your blood, strip search you, probe you intimately, or force you to submit to vaccinations or lose your so-called “privileges” to move about and interact freely with your fellow citizens, your body is no longer your own—it is the government’s to do with as it deems best.

Likewise, if the government can lockdown whole communities and by extension the nation, quarantine whole segments of the population, outlaw religious gatherings and assemblies of more than a few people, shut down entire industries and manipulate the economy, muzzle dissidents, and “stop and seize any plane, train or automobile to stymie the spread of contagious disease,” then you no longer have a property interest as master of your own life, either.

This is what a world without the Fourth Amendment looks like, where the lines between private and public property have been so blurred that private property is reduced to little more than something the government can use to control, manipulate and harass you to suit its own purposes, and you the homeowner and citizen have been reduced to little more than a tenant or serf in bondage to an inflexible landlord.

If we continue down this road, the analogy shifts from property owners to prisoners in a government-run prison with local and federal police acting as prison guards. In such an environment, you have no rights.

So what can we do, short of scrapping this whole experiment in self-government and starting over?

At a minimum, we need to rebuild the foundations of our freedoms.

What this will mean is adopting an apolitical, nonpartisan, zero tolerance attitude towards the government when it oversteps its bounds and infringes on our rights.

We need courts that prioritize the rights of the citizenry over the government’s insatiable hunger for power at all costs.

We need people in the government—representatives, bureaucrats, etc.—who honor the public service oath to uphold and defend the Constitution.

Most of all, we need to reclaim control over our runaway government and restore our freedoms.

After all, we are the government. As I make clear in my book Battlefield America: The War on the American People, “we the people” are supposed to be the ones calling the shots. As John Jay, the first Chief Justice of the United States, rightly observed: “No power on earth has a right to take our property from us without our consent.”

Source: https://bit.ly/384IzIp

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.