Archive for February, 2026

Donald Trump took an oath to serve the American people. Instead, he has focused on using the presidency to enrich himself… President Trump has never been a man to ask what he can do for his country. In his second term, as in his first, he is instead testing the limits of what his country can do for him.”—New York Times Editorial Board

In his State of the Union address, President Trump declared that America is entering a “Golden Age.” Golden for whom?

For a president who lives lavishly in a taxpayer-funded mansion, jets around to weekend golf getaways at taxpayer expense, and dismisses concerns about “affordability” as fake news, life might indeed be gilded.

For the rest of the country, it is fool’s gold.

Nearly six-in-ten Americans say the country is worse off now than it was a year ago. Groceries cost more. Utilities cost more. Housing costs more.

For millions of families, this is not a golden age.

It is a painful lesson in imperial economics: the billionaire class lives large while “we the people” are told to live small.

Trump is not working to make America great again. He is working to expand his wealth, protect his investments, and rule in gilded comfort at taxpayer expense.

As a candidate, Trump promised to “drain the swamp.”

Instead, the swamp has been privatized.

When it comes to the true state of our nation, Americans would do well to examine not just what the Trump administration has accomplished—or failed to accomplish—but who has profited.

The highest public office in the land has become a personal revenue stream for Donald Trump & Co.—a vehicle for private enrichment that monetizes access, influence and public assets while the public pays the tab.

To monetize the presidency is to treat public power as property—something to be leased, leveraged and exploited for private gain.

This is how you bilk a nation.

The man who once lent his name to the ghostwritten The Art of the Deal is now authoring a far more instructive manual: The Art of the Steal—a step-by-step guide to how to convert a constitutional republic into a personal brand.

Power attracts conmen and swindlers. It always has. But never has the grift been so openly institutionalized.

One year after the Trump administration’s failed DOGE venture—the Elon Musk-led “Department of Government Efficiency” promised to eliminate waste, but the federal government ended up spending significantly more than the meager amount DOGE claimed to save—“we the people” are left to tally the real cost.

While Americans struggle with soaring food prices, rising utility costs, and economic instability, the White House has perfected one area of growth: personal enrichment and private accumulation.

According to the New York Times Editorial Board, “Trump has used the office of the presidency to make at least $1.4 billion. We know this number to be an underestimate because some of his profits remain hidden from public view. And they continue to grow.”

This is not savvy business. This is graft.

“Throughout the nation’s history, presidents of both parties have taken care to avoid even the appearance of profiting from public service. This president gleefully squeezes American corporations, flaunts gifts from foreign governments and celebrates the rapid growth of his own fortune,” concludes the New York Times. “All told, Mr. Trump has profited from his return to the presidency by an amount of money equal to 16,822 times the median U.S. household income.”

Just consider the entries in this administration’s ledger.

Personal indulgence and vanity projects:

$400 million and counting for a White House ballroom underwritten by corporate giants whose regulatory futures sit squarely in presidential hands.

$70 million for a luxury jet with a private bedroom so DHS secretary Kristi Noem can fly around in comfort with her rumored partner.

$28 million for an Amazon documentary on Melania Trump.

Tens of millions for Trump’s weekend golf trips to Mar-a-Lago, including what he charges the American taxpayer for the Secret Service to be housed at the resort.

Policy decisions that generate revenue or leverage:

Billions in stealth taxes disguised as “emergency” tariff revenues paid for by the American people. According to NPR, the federal government is now collecting roughly $30 billion per month in tariff revenue—far more than it collected from import taxes before Trump returned to office—largely paid for by American consumers. So when Trump tries to sell Americans on the idea that tariffs could eventually replace income taxes—a clear bid to overturn the Supreme Court’s ruling against his tariff policy—don’t believe it. That’s just another money grab.

A $10 billion taxpayer buy-in to a privatized Board of Peace created and controlled by Trump in perpetuity with no real oversight or accountability.

$230 million in damages Trump claims he is owed over investigations into his own past misconduct.

Another $10 billion in damages which Trump claims he is owed after an IRS contractor was convicted of leaking his tax information.

Millions in trademark rights and licensing fees tied to Trump’s name on public infrastructure. As trademark attorney Josh Gerben notes, “The move raises unusual questions about the intersection of public infrastructure and private brand ownership. While presidents and public officials have had landmarks named in their honor, a sitting president’s private company has never in the history of the United States sought trademark rights in advance of such naming.”

At least $23 million from licensing Trump’s name overseas since his re-election.

$4 billion flowing into Trump family coffers in the first year of his second term, including $867 million through cryptocurrency ventures.

Public money redirected toward private allies and enforcement expansion:

$128 million for an ICE warehouse purchased three years earlier for $29 million—a $100 million markup benefiting a Russian-backed company.

$15 million earmarked to feed starving children internationally, which was instead impounded for OMB director Russell Vought’s security detail.

$51 billion in taxes not paid by Amazon, Alphabet,  Meta, and Tesla in 2025 after receiving a 4.9% tax rate.

$10 billion government contract between the Army and Palantir, founded by Trump supporter Peter Thiel.

Foreign entanglements and gifts:

A $400 million luxury plane from the Qatari government, which will be retrofitted at taxpayer expense for Trump’s official use as Air Force One and which he plans to take with him when he leaves office.

Hundreds of millions more from foreign government-linked investors gaining access through the purchase of the Trump family’s cryptocurrency ventures.

These are not isolated expenditures. They reveal a pattern.

They speak to the blueprint Trump has used to monetize his stint in the White House.

The Founders anticipated precisely this danger: a president tempted to convert public trust into private profit. The Constitution’s Foreign and Domestic Emoluments Clauses were intended to prevent a president from profiting from office.

The Framers were explicit about this. The Foreign Emoluments Clauses bar any federal officeholder from accepting any present, Emolument, Office, or Title from a foreign state without congressional consent.

An emolument is not merely a bribe. It is any profit, gain, or advantage derived from office.

The prohibition exists for one reason: to prevent foreign powers from purchasing influence over American decision-making.

With Congress unwilling to enforce the Constitution and the courts slow to intervene, these guardrails have weakened.

“Never in our history had a president come to office presenting the same threat of harming America’s national interest in favor of their personal financial interests,” concluded Citizens for Responsibility and Ethics in Washington. “In spite of Trump’s efforts to avoid transparency, publicly available records reveal a mountain of violations of the Emoluments Clauses during his administration, resulting in a level of corruption that has no analogue in American history.”

By continuing to operate private ventures while in office, including his crypto companies, hosting foreign dignitaries at Trump-branded properties, pursuing crypto enterprises, and reportedly entertaining extravagant gifts from foreign governments, Trump has raised urgent ethical and legal concerns about self-dealing, corruption and backdoor arrangements by which foreign and domestic governments can funnel money into Trump’s personal coffers.

As the Brennan Center concludes, “Not even the most notorious public corruption scandals from American history can match the scale of Trump’s profiteering in terms of total dollar amount.”

It is difficult to determine which is worse: a kleptocracy—government by thieves—or a kakistocracy—government by the worst.

Increasingly, we appear to have both.

And this is where the danger becomes clear.

When a president turns public office into a source of personal revenue, corruption does not stop at enrichment. It spreads.

It spreads into the Justice Department.

It spreads into the courts.

It spreads into law enforcement.

It spreads into the very machinery that is supposed to hold power accountable.

Rather than being restrained by the rule of law, this administration increasingly behaves as though the law exists to serve it.

One system of justice for allies and investors. Another for everyone else.

For instance, President Trump wants his own Justice Department to put American taxpayers on the line to pay him $230 million in damages over FBI investigations into his alleged past misconduct.

When the president seeks to use the Justice Department to pursue his own financial grievances, the line between public duty and private interest disappears.

Journalist David D. Kirkpatrick calculates that Donald Trump and his immediate family have made more than $3.4 billion from his time in the White House, including more than $2.3 billion from various cryptocurrency ventures alone.

In May 2025, Trump was accused of selling access to accumulate personal wealth when he hosted a private event for 220 crypto investors who had bought into his meme coin. News reports estimate that buyers spent about $148 million in total on the coin and associated perks, with some spending $1.8 million to attend.

This is how access to power is sold to the highest bidders.

The average American waits. The wealthy pay.

The emerging revelations from the Epstein files only underscore how deeply the monetization of access has infected the culture of power. For years, wealthy and politically connected figures moved through a shadow network in which proximity to influence appeared to buy protection, silence, or both.

That culture does not disappear when one scandal fades. It seeps into institutions. It normalizes the idea that influence can be purchased and consequences can be avoided.

Measured against this reality, Thomas Jefferson’s warning to bind government down “by the chains of the Constitution” sounds almost quaint.

What good is a Constitution if those sworn to uphold it treat it as optional?

It has become increasingly difficult to pretend that we are still dealing with a functioning republic.

What we have instead is a government that rewards loyalty, punishes dissent, and treats public power as private property.

The American system of government was designed as a constitutional covenant: power delegated, limited, and bound by law.

What we are witnessing is transactional governance: access traded, favors exchanged, loyalty rewarded, and policy negotiated like a business deal.

This pay-to-play culture now permeates the highest levels of power.

The Foreign Gifts and Decoration Act bars the president and federal officials from accepting gifts worth more than $480 from foreign governments (unless they’re accepted on behalf of the United States—meaning they would then belong to the American people—or purchased by the official). Yet congressional investigators have already documented more than a hundred foreign gifts to Trump and his family that went unreported for months in violation of disclosure rules.

The publicly-reported gifts being showered upon President Trump by foreign governments and politically connected foreign corporations include: a gold crown, a Rolex desk clock and a one-kilogram personalized gold bar worth $130,000, and a $400 million luxury Boeing 747.

These are not tokens of diplomacy; they are investments in influence.

As Richard Painter, a former chief White House ethics lawyer for President George W. Bush, explains, “It’s unconstitutional in the United States for the president or anyone else in a position of power to receive anything of value from a foreign government. That is unconstitutional. But if the gift is from a foreign corporation or a private interest, it’s not technically prohibited under the emoluments clause of the Constitution. But it’s still a very, very dangerous precedent to set that foreign interests can give gifts to the president and then get a concession on tariffs or anything else.”

In many cases, these gifts went unreported to the State Department, only coming to light through House investigations and watchdog reports—concealed from the public and from Congress until after the fact.

That secrecy was not accidental. It was strategic.

Federal contracts, regulatory decisions, and diplomatic overtures increasingly appear correlated with the interests of those giving the gifts. A growing number of domestic and foreign business interests appear to be receiving preferential treatment from agencies whose regulatory decisions align suspiciously with Trump’s personal business deals advancing behind the scenes.

This quid pro quo governance—private profit in exchange for public policy—does not resemble republican self-government. It resembles a protection racket, where the powerful exchange favors not for the public good but for personal gain—and access and immunity are available for purchase by those willing to pay.

Unfortunately, the rot doesn’t stop there.

The presidential pardon—meant as a safeguard against injustice—has become a reward system.

During his first term, Trump issued 238 pardons and commutations. A year into his second term, he has issued nearly 2,000 pardons.

Who benefits? Political loyalists. Donors. Operatives. Financial criminals. Those who proved useful.

A congressional report found that Trump’s pardons have allowed convicted fraudsters and white-collar criminals to avoid more than $1.3 billion in restitution and penalties—money owed to victims and taxpayers.

In other words, the pardon power has been used to return stolen wealth to the people who stole it.

This is not mercy. It is a protection racket.

These are not miscarriages of justice being corrected; they are protection payments, signals to future operatives: do what we need you to do, and we will take care of you.

The resemblance to a cartel grows harder to ignore.

The U.S. government is fast becoming a self-serving, money-laundering enterprise masquerading as legitimate authority.

As the Editorial Board of the New York Times concluded:

“[A] government whose leaders worked to enrich themselves might still call itself a republic, and might still go through the motions, but when the aim of government shifts from public good to private gain, its constitution becomes an empty shell. The government is no longer for the people. The demands of avarice gradually corrupt the work of government as officials facilitate the accumulation of personal wealth. Worse, such a government corrupts the people who live under its rule… The United States risks falling into this cynical spiral as Mr. Trump hollows out the institutions of government for personal gain.”

The choice before us is not partisan. It is constitutional.

A republic cannot survive when public office becomes private property.

A Constitution cannot restrain power when those sworn to uphold it treat it as optional.

When loyalty is rewarded, dissent punished, and wealth transferred upward through the machinery of government, we are no longer witnessing politics as usual.

We are witnessing the hollowing out of a constitutional republic.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, this is how republics fall.

Not in a single dramatic collapse, but in the steady conversion of public trust into private gain.

If we allow the presidency to become a profit center, the Constitution becomes window dressing. And “we the people” become subjects.

It is time to reclaim our role as the ultimate check on government power.

It is time to drain the swamp.

Source: https://tinyurl.com/265c2yfs

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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. 

When did pedophilia become a partisan issue? The American people deserve to know the whole truth about Jeffrey Epstein and every single powerful person who enabled him. Every name, every flight log, every cover up, all of it … If there’s one thing we should all be able to agree on Democrats and Republicans, conservatives and progressives—it’s that no one, including the President of the United States, should be able to cover up crimes against children.”—James Talarico (Texas politician, Presbyterian seminarian, and former public school teacher)

Nearly 30 years after the first complaints were filed, the Epstein files remain a masterclass in how the ruling class shields its own.

This is no longer just about one man’s crimes—it is about the machinery of silence that keeps the global elite untouchable.

We are long past the point for partisan excuses and institutional gaslighting.

The question is no longer whether Jeffrey Epstein—the hedge fund billionaire/convicted serial pedophile and sex trafficker—committed monstrous crimes against young girls, many of them children.

We know he did.

What remains unresolved is something far more troubling.

We know that Epstein did not act alone.

A decision by the Second Circuit Court of Appeals allowing thousands of pages of Epstein-related documents to be unsealed referenced allegations involving “numerous prominent American politicians, powerful business executives, foreign presidents, a well-known Prime Minister, and other world leaders.”

That alone should have been enough to trigger full transparency.

Instead, nearly 30 years after the first complaints against Epstein were filed, the full truth remains obscured.

Why are documents still partially sealed? Why do redactions remain? Why are investigations declared “closed” while unanswered questions linger?

Epstein may have conveniently died in a jail cell six weeks after his arrest on federal sex trafficking charges, but the machinery that empowered and protected him is still very much intact and it continues to work overtime to shield the global power elite, silence victims, and erase accountability.

And that is the real scandal.

Because this was never simply about Epstein. It was about the system that made Epstein possible.

The Epstein files should have been a moral bright line—an issue so morally reprehensible and widely condemned as to cut through partisan politics.

Instead, it has become part of the three-ring circus that is governance in America today.

The political noise. The wag-the-dog distractions. The slow-walking of the files’ release. The what-aboutisms.

This was never about one president.

It was never about one political party.

And yet, at this present moment, it is one president and one party that appear to be resisting full transparency.

Donald Trump was at one time socially connected to Epstein. Bill Clinton was, too. Both men were shielded, in different ways and at different times, by a partisan system willing to look the other way when politically convenient.

The same voices who denounced Clinton for sexual impropriety often fell silent in the face of Trump’s own history. Likewise, some who defended Clinton had no hesitation in condemning Trump.

The principle was never the point. Power was.

And that is why this cannot be dismissed as partisan score-settling.

This is not a minor incident involving minor players, nor can it be confined to one political party or one political era.

This is about the darkness at the heart of the American police state: a system built to shield the powerful from justice.

Epstein did not sidestep accountability because he was clever. He sidestepped accountability because he was protected.

Power protects power.

Epstein was aided, abetted and protected by a cross-section of political, corporate and societal classes here in the United States and abroad. He cultivated relationships across politics, finance, academia, entertainment, and global power circles. His social network spanned parties, ideologies, and continents.

Trump’s name alone reportedly appears more than 38,000 times. Numerous top officials connected to the Trump administration have also appeared in the Epstein files, including Elon Musk, Steve Bannon, and Commerce Secretary Howard Lutnick.

While mere association is not tantamount to guilt, these associations speak volumes about how power operates according to its own rules.

As Rep. Thomas Massie warned Attorney General Pam Bondi, who has been at the forefront of the Trump administration’s effort to slow-walk the release of the Epstein files: “This is bigger than Watergate. This goes over four administrations. You don’t have to go back to Biden. Let’s go back to Obama. Let’s go back to George Bush. This cover-up spans decades, and you are responsible for this portion of it.”

If it looks like a cover-up, smells like a cover-up, and appears to benefit the same entrenched interests, we have every right—indeed, a civic and moral duty—to demand greater transparency.

Nothing illustrates how the power elite protects its own more clearly than Epstein’s 2008 plea agreement.

Almost two decades ago, when Epstein was first charged with molesting, raping and trafficking underage girls, he was gifted a secret plea deal.

According to the Palm Beach Post, that sweetheart deal, arranged by then-U.S. Attorney Alexander Acosta, led to 15 more years of abuse by Epstein.

The Justice Department estimates that Epstein victimized at least 1,000 women and children. Over 100 survivors of Epstein’s sexual abuse have come forward so far.

Yet the plea deal allowed Epstein to evade federal charges and serve what amounted to a privileged sentence. For the first 13 months, he was allowed to “work” at home six days a week before returning to a private wing of the Palm Beach County jail to sleep. Later, under house arrest, he was allowed to travel extensively, including to his private island.

Acosta, the U.S. attorney who enabled that arrangement—which, in turn, shielded Epstein’s associates from federal exposure—was later nominated by Trump and served as his Labor Secretary.

This is how corruption by the power elite flourishes: not through secrecy alone but through get-out-of-jail cards that tacitly sanction immoral, illegal and corrupt bad behavior by the ruling classes.

As the Associated Press pointed out, “The arrest of the billionaire financier on child sex trafficking charges is raising questions about how much his high-powered associates knew about the hedge fund manager’s interactions with underage girls, and whether they turned a blind eye to potentially illegal conduct.”

The rot goes deep, and the Epstein case is only the most visible symptom of a much larger disease.

For years, the Epstein case has stood as a grotesque emblem of the depravity within the global power elite: a sex trafficking ring operated not only for Epstein’s personal pleasure but also for that of his friends and business associates—billionaires, politicians, and celebrities.

According to The Washington Post, “several of the young women…say they were offered to the rich and famous as sex partners at Epstein’s parties.”

Once again, fact and fiction mirror each other.

Popular culture has long hinted at what polite society refuses to confront.

Almost 30 years ago—three years after the first complaint against Epstein was filed—Stanley Kubrick’s final film Eyes Wide Shut provided viewing audiences with a sordid glimpse of an elite sexual underworld insulated from consequence: a secret sex society that indulged the basest urges of its affluent members while preying on vulnerable young women.

Kubrick suggested these secret societies flourish because the public chooses not to see what’s right in front of them, content to navigate life in denial about the ugly, obvious truths in our midst.

The Epstein case suggests he was not wrong.

Sex slaves. Sex trafficking. Secret societies. Powerful elites. Government corruption. Judicial cover-ups.

It is not so different from the real world, where powerful men, insulated from accountability, indulge their base urges.

As The Guardian reports, “By the mid-2000s, Jeffrey Epstein’s sexual abuse of teen girls was routine. From 2002 to 2005 alone, the late financier victimized ‘dozens’ of underage teens by luring them into sex acts for payment under the auspices of massage work, some as young as 14.”

If Epstein exposed the rot at the top, the broader landscape of child sex trafficking reveals how deep and systemic that rot truly runs.

The numbers alone are staggering.

Child sex trafficking—the buying and selling of women, young girls and boys for sex, some as young as 9 years old—has become big business in America. It is one of the fastest growing criminal operations and the second most-lucrative commodity traded illegally after drugs and guns.

Adults purchase children for sex at least 2.5 million times a year in the United States.

It’s not just young girls who are vulnerable to these predators, either. Boys account for over a third of victims in the U.S. sex industry.

Who buys a child for sex?

Otherwise ordinary men from all walks of life. “They could be your co-worker, doctor, pastor or spouse,” writes journalist Tim Swarens, who spent more than a year investigating the sex trade in America.

Ordinary men, yes. But then there are the so-called extraordinary men—like Epstein and his associates—with wealth, connections, and protection who are allowed to operate according to their own rules.

Power does not create perversion, but it does insulate the powerful.

These men skate free of accountability because the criminal justice system panders to the powerful, the wealthy and the elite.

For years, investigative journalists and survivors have documented how blackmail, intelligence agency ties, and financial leverage helped shield elite sexual predators—not just from prosecution, but from public scrutiny.

For every Epstein who is—finally—called to account for his illegal sexual exploits after years of being given a free pass by those in power, there are hundreds (perhaps thousands) more in the halls of power and wealth whose predation continues unabated.

While Epstein’s alleged crimes are heinous enough on their own, he is part of a larger narrative of how a culture of entitlement becomes a cesspool and a breeding ground for despots and predators.

Nor is this culture of impunity confined to billionaires and political elites.

Across the country, law enforcement officers have been caught running sex trafficking rings, abusing women and girls in their custody, or exploiting their badge to coerce sex.

From Louisiana to Ohio to New York, officers have been arrested for trafficking underage girls, assaulting vulnerable women, and raping detainees—often shielded by unions, prosecutors, or a blue wall of silence.

This isn’t a few bad apples. It is a culture of impunity baked into the system.

This is how the system works, protecting the untouchables—not because they’re innocent, but because the system has made them immune.

And this is why this case was never just about one man.

As Piotr Smolar writes for Le Monde, “Epstein was the most striking face of a two-tier system of justice, one that provided a privileged path for the powerful.”

We see this pattern everywhere.

A cop shoots an unarmed citizen and walks free. A president sidesteps constitutional limits. An agency spies on its citizens. A financier negotiates immunity.

Abuse of power—and the ambition-fueled hypocrisy and deliberate disregard for misconduct that make those abuses possible—works the same whether you’re talking about sex crimes, government corruption, or the rule of law.

Sexual predators aren’t the only threat.

For every prominent name who eventually gets called out for his sexual misbehavior, there are hundreds—thousands—of others in the American police state who are getting away with murder—in many cases, literally—simply because they can.

And as history repeatedly demonstrates, power corrupts.

Worse, as 19th-century historian Lord Acton concluded, absolute power corrupts absolutely.

Give any one person—or government agency—too much power and allow them to believe that they are entitled, untouchable and will not be held accountable for their actions, and those powers will be abused.

History proves it. The present moment confirms it.

We can agree to disagree about many things, but the sex trafficking and abuse of children is one issue where there should be absolutely no dissembling, no wiggle room, and no immunity.

America should have zero tolerance for child sex trafficking.

So when President Trump insists that there’s nothing more to discuss or investigate so we should just move on, our collective, unequivocal answer should be an absolute refusal to move on, be distracted or engage in what-aboutisms.

At some point, moral outrage must give way to moral clarity.

The Trump administration’s cover-up is unacceptable. The selective redactions of non-victims’ names and faces are unacceptable. The removal of files by biased administration operatives is unacceptable.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, a constitutional republic cannot survive a protected class.

If the Epstein files force us to think and act differently about anything, let it be this: the rule of law cannot be a one-sided weapon used against the powerless. It must require that the powerful be held just as accountable for their abuses as anyone else.

Source: https://tinyurl.com/3cec2zrj

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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. 

WASHINGTON, DC — If you carried a cell phone past the wrong street corner at the wrong moment, police could already have your movements, your digital trail, and your identity—without ever suspecting you of a crime. That is the reality of geofence warrants, a powerful surveillance tool whose use by police is now being challenged before the U.S. Supreme Court.

Warning that geofence warrants constitute digital fishing expeditions that force millions of innocent Americans to prove they’re not suspects, The Rutherford Institute is urging the Supreme Court to hold that geofence warrants are unconstitutional general warrants—an abuse of power the Founders sought to prohibit through the Fourth Amendment. Historically, general warrants gave government agents sweeping authority to search wherever they pleased, without probable cause or particularized suspicion limited to particular individuals, locations, or materials. As Institute attorneys warn in an amicus brief in Wells v. Texas, geofence warrants revive that same abuse in digital form, allowing the government to rummage through the location histories of untold numbers of innocent people in the hope that someone, somewhere, might be connected to a crime.

“Geofence warrants turn the Fourth Amendment on its head. If the government can track where we go, who we associate with, and when we were present—without probable cause—then no one’s movements are truly private,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “This case is about whether the Constitution still places meaningful limits on government surveillance in the digital age.”

When police have no suspect but assume—correctly—that nearly everyone carries a cell phone, geofence warrants allow them to compel technology companies to turn over location data for every device within a defined area and time period, regardless of suspicion. Police can then narrow that data through successive requests—tracking movements, reviewing account information, and ultimately identifying individuals—until a suspect emerges. Geofence warrants have been used by law enforcement since at least 2016.

In Wells v. Texas, Texas police obtained a geofence warrant directing Google to identify devices located near the scene of a crime during a specific time window. Through successive data requests, police ultimately identified a cell phone associated with the defendant as being in the area, leading to a conviction. In a divided decision, the Texas Court of Criminal Appeals upheld the geofence warrant as constitutional. Two judges went further, asserting that no warrant was required at all because cell phone users lack a reasonable expectation of privacy in information they “voluntarily” share with third parties such as Google. That reasoning directly conflicts with a ruling in another case from the Fifth Circuit Court of Appeals, which held that geofence warrants are general warrants categorically prohibited by the Fourth Amendment.

In asking the U.S. Supreme Court to review the case, The Rutherford Institute warns that geofence warrants pose a grave and growing threat to the privacy of all Americans. By normalizing suspicionless surveillance, these warrants establish a dangerous precedent in which vast numbers of innocent people must surrender their privacy simply for existing in public space with a smartphone in their pocket.

Ethan H. Townsend and Maura R. Cremin of McDermott Will & Schulte LLP advanced the arguments in the amicus brief.

The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

Source: https://tinyurl.com/8hhk7yvp

“No doubt concentration camps were a means, a menace used to keep order.”—Albert Speer, Nuremberg Trials

In 2021, amid a global pandemic, warnings that the federal government might repurpose warehouses into detention facilities on American soil were dismissed as speculative, alarmist, even conspiratorial.

Five years later, what was speculation is a blueprint for locking up whomever the government chooses to target.

According to investigative reports, the Department of Homeland Security and Immigration and Customs Enforcement are actively purchasing warehouses, factories and industrial buildings across the country for use as detention centers—often with little public notice, minimal oversight, and virtually no accountability.

This is no longer a warning.

It is a five-alarm fire.

With the Trump administration moving forward with plans to rapidly acquire warehouses for what could become a nationwide mass detention network, it’s no longer a question of whether the government will expand mass detention to lock up Americans for defying its mandates but when.

This is how it begins.

The government already has the means, the muscle and the motivation. It has spent decades building a vast archipelago of prisons, detention centers, and emergency facilities capable of imprisoning large numbers of people.

Almost 70,000 people are currently being held by ICE. With $45 billion burning a hole in its budget, the Department of Homeland Security is spending big on its concentration camps in order to hold more people, for longer periods, with fewer constraints.

While the Trump administration insists that it is only targeting the “worst of the worst”—murderers, rapists, gang members, pedophiles and terrorists—most of those being rounded up have no criminal record. Being undocumented is a civil violation, not a crime.

This is where we have to tread cautiously, because authoritarian regimes love to play Orwellian word games, and the current administration is no exception.

Case in point: DHS Secretary Kristi Noem claims that every single individual arrested or detained has committed a crime, but being charged with or even suspected of a crime is very different from being convicted of a crime.

When the Secretary of Homeland Security equates an arrest with a crime, she isn’t just playing word games—she is effectively nullifying the Fifth and Fourteenth Amendments’ guarantee of due process and the presumption of innocence.

If the bar for being arrested is merely committing a crime, we’d all be locked up.

It may come to that eventually.

Given the over-criminalization of the American legal code, which contains over 5,000 federal criminal statutes and hundreds of thousands of regulations—translation: every single American unknowingly commits at least three crimes a day—every American can be rendered a “criminal” at the government’s whim.

When you have a government in the business of rounding people up in order to fill warehouses and play to the optics of being tough on crime, it won’t just be undocumented immigrants getting rounded up.

In The Origins of Totalitarianism, political theorist Hannah Arendt warned that concentration camps were not built primarily for criminals. They were built to imprison the innocent—people rendered “criminal” by the state simply for who they were or what they believed.

These camps functioned as laboratories for total domination, where guilt was irrelevant and innocence offered no protection. Individuals were stripped of rights, reduced to categories, and rendered expendable.

That is the danger we are facing now: rightlessness in an age of rights.

When detention quotas replace due process, when people are locked up not for what they have done but for who the government decides they are, the machinery of authoritarianism is already in motion.

Reports of ICE smashing car windows, grabbing people off the streets, and detaining American citizens despite proof of legal status offer a preview of what lies ahead.

We’re not supposed to live in a “papers, please” society, and yet under Trump’s leadership, America is rapidly becoming one.

History has a name for what happens when governments abandon due process and begin locking people up for who they are rather than what they have done.

The next step is always logistical. Once the decision is made to detain people en masse, the state must find places to hold them—out of sight, out of reach, and outside the law.

That is where the warehouses come in.

Make no mistake: these are concentration camps in their earliest form, rebranded and revived for a new age.

We need to get better at treating this like a business,” ICE director Todd M. Lyons said of deportations. “Like [Amazon] Prime, but with human beings.”

This language has been used before.

Concentration camps were not initially designed as extermination centers. They were built to intimidate, isolate, and neutralize those deemed undesirable—political dissidents, religious minorities, social outcasts, and anyone perceived as a threat to the regime.

As the U.S. Holocaust Memorial Museum explains, “The term concentration camp refers to a camp in which people are detained or confined, usually under harsh conditions and without regard to legal norms of arrest and imprisonment that are acceptable in a constitutional democracy.”

That is the point.

This is not about immigration.

It is about what happens when any government claims the power to decide who belongs, who poses a threat, and who can be disappeared for the sake of order.

The legal framework already exists.

Under the National Defense Authorization Act (NDAA), the President and the military are authorized to detain individuals—including U.S. citizens—without access to family, legal counsel, or the courts if the government labels them terrorists.

That label can now be applied so interchangeably with the terms anti-government and extremist that it doesn’t take much to be considered a terrorist anymore.

The Department of Homeland Security, for example, broadly defines extremists as individuals and groups that are “mainly antigovernment,” reject federal authority, or question the legitimacy of government power. Military veterans have been flagged as potential extremist threats simply for being disgruntled or disillusioned. Ordinary Americans exercising their constitutional rights—speaking freely, protesting, criticizing the government, owning firearms, or demanding warrants—can find themselves on a government watch list.

As a New York Times editorial once warned, you may be viewed as an anti-government extremist (a.k.a. domestic terrorist) if you are afraid that the government is plotting to confiscate your firearms, believe the economy is about to collapse, suspect the government will soon declare martial law, or display too many political bumper stickers on your car.

According to the FBI, espousing conspiracy theories or holding views that are contrary to the government’s can also qualify someone as a domestic terrorism concern.

This is what happens when you put the power to determine who is a potential danger in the hands of government agencies, courts, and police, but also give those agencies sweeping authority to detain individuals and lock them up for perceived wrongs without due process.

It is a system begging to be abused. And it has happened here before.

In the 1940s, Japanese-Americans were rounded up and imprisoned in concentration camps based solely on their ancestry. The Supreme Court upheld the policy in Korematsu v. United States (1944), concluding that national security concerns outweighed individual liberty.

Courts have a habit of recognizing injustice only after the fact, and the government has a tendency to sidestep the rule of law when it suits its purposes. As Justice Scalia once warned, “In times of war, the laws fall silent.”

The groundwork has been laid.

The infrastructure for domestic concentration camps has existed for decades.

FEMA—the Federal Emergency Management Agency—has long been tasked with emergency planning that includes large-scale detention capabilities.

Created by executive order in the 1970s, FEMA’s mandate expanded quietly. By the 1980s, it was involved in classified military-type training exercises carried out in conjunction with the Department of Defense. Code named Rex-84, federal agencies, including the CIA and the Secret Service, were trained on how to respond to domestic unrest and carry out mass round-ups.

FEMA’s role in planning for domestic internment and mass detention is well-documented.

Now if you’re going to have internment camps on American soil, someone has to build them— or repurpose existing structures to serve that function—and then staff them—and eventually fill them.

In 2006, the government awarded a Halliburton subsidiary a $385 million contract to build American detention facilities for use during “emergencies,” including mass immigration, “natural disasters,” or to support the rapid development of new programs in the event of other emergencies.

That rationale has now been updated for a new era.

Today, DHS and ICE are buying up and converting warehouses, factories, and industrial spaces across the country into detention facilities. These buildings—designed for storage and logistics, not human beings—are being outfitted with fencing, surveillance systems, holding areas, and makeshift sleeping quarters. Many operate outside the standards that apply to traditional correctional facilities, with fewer inspections, limited oversight, and little public visibility.

The government insists these warehouse detention sites are necessary to handle prisoner overflow, respond to emergencies, and maintain flexibility.

History tells a different story.

What begins as temporary becomes permanent. What is justified as exceptional becomes routine. And what is done to non-citizens has an uncanny way of expanding—especially when dissent, protest, or noncompliance are rebranded as threats to national security.

Once again, the language of emergency is being used to normalize extraordinary abuses of power.

Now, detention camps require not only buildings but lists of potential detainees, and here, too, the government is prepared.

For decades, the government has acquired and maintained, without warrant or court order,  databases of individuals considered threats to national security. One such database—reportedly known as “Main Core”—contains millions of names and is intended for use during national emergencies to locate and detain perceived enemies of the state.

As Salon reports, this database, reportedly dubbed “Main Core,” is to be used by the Army and FEMA in times of national emergency or under martial law to locate and round up Americans seen as threats to national security.

In 2026, the static lists of the past have been replaced by “living” databases.

Fueled by agentic AI and mass data-scraping, the government’s surveillance architecture no longer relies on manual updates. These AI systems autonomously crawl social media, financial records, and geolocation data in real-time, creating high-accuracy “threat profiles” that are virtually impossible to escape.

Once you are flagged by an algorithm that operates without human oversight, you aren’t just a name on a list—you are a permanent node in a digital dragnet that follows you from your keyboard to the warehouse door.

This AI-driven dragnet is on the hunt using a specific, long-established ideological map. The technology has simply caught up to the government’s decades-old desire to categorize dissent as a national security threat.

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

Incredibly, both reports used the words terrorist and extremist interchangeably.

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

These reports indicated that for the government, so-called extremism is not a partisan matter.

Anyone seen as opposing the government—whether they’re Left, Right or somewhere in between—is a target.

Which brings us to the inevitable conclusion: when the government claims the authority to broadly define who is a threat, uses taxpayer funds to erect a network of concentration camps across the country, and methodically builds databases identifying anyone seen as opposing the government as an extremist, the question is not if that power will be abused—but when and how often.

As I make clear in Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, this is the slippery slope.

If the price for fighting illegal immigration is the complete abdication of our constitutional republic, that price is too high.

The means do not justify the ends.

The police state’s solutions to our so-called problems pose the greatest threat to our freedoms.

Source: https://tinyurl.com/vhew4kzk

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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.