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“There are no private lives. This a most important aspect of modern life. One of the biggest transformations we have seen in our society is the diminution of the sphere of the private. We must reasonably now all regard the fact that there are no secrets and nothing is private. Everything is public.” ― Philip K. Dick

Nothing is private.

We teeter on the cusp of a cultural, technological and societal revolution the likes of which have never been seen before.

While the political Left and Right continue to make abortion the face of the debate over the right to privacy in America, the government and its corporate partners, aided by rapidly advancing technology, are reshaping the world into one in which there is no privacy at all.

Nothing that was once private is protected.

We have not even begun to register the fallout from the tsunami bearing down upon us in the form of AI (artificial intelligence) surveillance, and yet it is already re-orienting our world into one in which freedom is almost unrecognizable.

AI surveillance harnesses the power of artificial intelligence and widespread surveillance technology to do what the police state lacks the manpower and resources to do efficiently or effectively: be everywhere, watch everyone and everything, monitor, identify, catalogue, cross-check, cross-reference, and collude.

Everything that was once private is now up for grabs to the right buyer.

Governments and corporations alike have heedlessly adopted AI surveillance technologies without any care or concern for their long-term impact on the rights of the citizenry.

As a special report by the Carnegie Endowment for International Peace warns, “A growing number of states are deploying advanced AI surveillance tools to monitor, track, and surveil citizens to accomplish a range of policy objectives—some lawful, others that violate human rights, and many of which fall into a murky middle ground.”

Indeed, with every new AI surveillance technology that is adopted and deployed without any regard for privacy, Fourth Amendment rights and due process, the rights of the citizenry are being marginalized, undermined and eviscerated.

Cue the rise of digital authoritarianism.

Digital authoritarianism, as the Center for Strategic and International Studies cautions, involves the use of information technology to surveil, repress, and manipulate the populace, endangering human rights and civil liberties, and co-opting and corrupting the foundational principles of democratic and open societies, “including freedom of movement, the right to speak freely and express political dissent, and the right to personal privacy, online and off.”

The seeds of digital authoritarianism were planted in the wake of the 9/11 attacks, with the passage of the USA Patriot Act. A massive 342-page wish list of expanded powers for the FBI and CIA, the Patriot Act justified broader domestic surveillance, the logic being that if government agents knew more about each American, they could distinguish the terrorists from law-abiding citizens.

It sounded the death knell for the freedoms enshrined in the Bill of Rights, especially the Fourth Amendment, and normalized the government’s mass surveillance powers.

Writing for the New York Times, Jeffrey Rosen observed that “before Sept. 11, the idea that Americans would voluntarily agree to live their lives under the gaze of a network of biometric surveillance cameras, peering at them in government buildings, shopping malls, subways and stadiums, would have seemed unthinkable, a dystopian fantasy of a society that had surrendered privacy and anonymity.”

Who could have predicted that 50 years after George Orwell typed the final words to his dystopian novel 1984, “He loved Big Brother,” we would come to love Big Brother.

Yet that is exactly what has come to pass.

After 9/11, Rosen found that “people were happy to give up privacy without experiencing a corresponding increase in security. More concerned about feeling safe than actually being safe, they demanded the construction of vast technological architectures of surveillance even though the most empirical studies suggested that the proliferation of surveillance cameras had ‘no effect on violent crime’ or terrorism.”

In the decades following 9/11, a massive security-industrial complex arose that was fixated on militarization, surveillance, and repression.

Surveillance is the key.

We’re being watched everywhere we go. Speed cameras. Red light cameras. Police body cameras. Cameras on public transportation. Cameras in stores. Cameras on public utility poles. Cameras in cars. Cameras in hospitals and schools. Cameras in airports.

We’re being recorded at least 50 times a day.

It’s estimated that there are upwards of 85 million surveillance cameras in the U.S. alone, second only to China.

On any given day, the average American going about his daily business is monitored, surveilled, spied on and tracked in more than 20 different ways by both government and corporate eyes and ears.

Beware of what you say, what you read, what you write, where you go, and with whom you communicate, because it will all be recorded, stored and used against you eventually, at a time and place of the government’s choosing.

Yet it’s not just what we say, where we go and what we buy that is being tracked.

We’re being surveilled right down to our genes, thanks to a potent combination of hardware, software and data collection that scans our biometrics—our faces, irises, voices, genetics, microbiomes, scent, gait, heartbeat, breathing, behaviors—runs them through computer programs that can break the data down into unique “identifiers,” and then offers them up to the government and its corporate allies for their respective uses.

As one AI surveillance advocate proclaimed, “Surveillance is no longer only a watchful eye, but a predictive one as well.” For instance, Emotion AI, an emerging technology that is gaining in popularity, uses facial recognition technology “to analyze expressions based on a person’s faceprint to detect their internal emotions or feelings, motivations and attitudes.” China claims its AI surveillance can already read facial expressions and brain waves in order to determine the extent to which members of the public are grateful, obedient and willing to comply with the Communist Party.

This is the slippery slope that leads to the thought police.

The technology is already being used “by border guards to detect threats at border checkpoints, as an aid for detection and diagnosis of patients for mood disorders, to monitor classrooms for boredom or disruption, and to monitor human behavior during video calls.”

For all intents and purposes, we now have a fourth branch of government: the surveillance state.

This fourth branch came into being without any electoral mandate or constitutional referendum, and yet it possesses superpowers, above and beyond those of any other government agency save the military. It is all-knowing, all-seeing and all-powerful. It operates beyond the reach of the president, Congress and the courts, and it marches in lockstep with the corporate elite who really call the shots in Washington, DC.

The government’s “technotyranny” surveillance apparatus has become so entrenched and entangled with its police state apparatus that it’s hard to know anymore where law enforcement ends and surveillance begins.

The short answer: they have become one and the same entity. The police state has passed the baton to the surveillance state, which has shifted into high gear with the help of artificial intelligence technologies. The COVID-19 pandemic helped to further centralize digital power in the hands of the government at the expense of the citizenry’s privacy rights.

“From cameras that identify the faces of passersby to algorithms that keep tabs on public sentiment online, artificial intelligence (AI)-powered tools are opening new frontiers in state surveillance around the world.” So begins the Carnegie Endowment’s report on AI surveillance note. “Law enforcement, national security, criminal justice, and border management organizations in every region are relying on these technologies—which use statistical pattern recognition, machine learning, and big data analytics—to monitor citizens.”

In the hands of tyrants and benevolent dictators alike, AI surveillance is the ultimate means of repression and control, especially through the use of smart city/safe city platforms, facial recognition systems, and predictive policing. These technologies are also being used by violent extremist groups, as well as sex, child, drug, and arms traffickers for their own nefarious purposes.

China, the role model for our dystopian future, has been a major force in deploying AI surveillance on its own citizens, especially by way of its social credit systems, which it employs to identify, track and segregate its “good” citizens from the “bad.”

Social media credit scores assigned to Chinese individuals and businesses categorize them on whether or not they are worthy of being part of society. A real-name system—which requires people to use government-issued ID cards to buy mobile sims, obtain social media accounts, take a train, board a plane, or even buy groceries—coupled with social media credit scores ensures that those blacklisted as “unworthy” are banned from accessing financial markets, buying real estate or travelling by air or train. Among the activities that can get you labeled unworthy are taking reserved seats on trains or causing trouble in hospitals.

In much the same way that Chinese products have infiltrated almost every market worldwide and altered consumer dynamics, China is now exporting its “authoritarian tech” to governments worldwide ostensibly in an effort to spread its brand of totalitarianism worldwide. In fact, both China and the United States have led the way in supplying the rest of the world with AI surveillance, sometimes at a subsidized rate.

This is how totalitarianism conquers the world.

While countries with authoritarian regimes have been eager to adopt AI surveillance, as the Carnegie Endowment’s research makes clear, liberal democracies are also “aggressively using AI tools to police borders, apprehend potential criminals, monitor citizens for bad behavior, and pull out suspected terrorists from crowds.”

Moreover, it’s easy to see how the China model for internet control has been integrated into the American police state’s efforts to flush out so-called anti-government, domestic extremists.

According to journalist Adrian Shahbaz’s in-depth report, there are nine elements to the Chinese model of digital authoritarianism when it comes to censoring speech and targeting activists: 1) dissidents suffer from persistent cyber attacks and phishing; 2) social media, websites, and messaging apps are blocked; 3) posts that criticize government officials are removed; 4) mobile and internet access are revoked as punishment for activism; 5) paid commentators drown out government criticism; 6) new laws tighten regulations on online media; 7) citizens’ behavior monitored via AI and surveillance tools; 9) individuals regularly arrested for posts critical of the government; and 9) online activists are made to disappear.

You don’t even have to be a critic of the government to get snared in the web of digital censorship and AI surveillance.

The danger posed by the surveillance state applies equally to all of us: lawbreaker and law-abider alike.

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 Orwell wrote in 1984, “You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.”

In an age of too many laws, too many prisons, too many government spies, and too many corporations eager to make a fast buck at the expense of the American taxpayer, we are all guilty of some transgression or other.

No one is spared.

As Elise Thomas writes for Wired: “New surveillance tech means you’ll never be anonymous again.”

It won’t be long before we find ourselves looking back on the past with longing, back to an age where we could speak to whomever we wanted, buy whatever we wanted, think whatever we wanted, go wherever we wanted, feel whatever we wanted without those thoughts, words and activities being tracked, processed and stored by corporate giants, sold to government agencies, and used against us by militarized police with their army of futuristic technologies.

Tread cautiously: as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries1984 has become an operation manual for the omnipresent, modern-day AI surveillance state.

Without constitutional protections in place to guard against encroachments on our rights when power, AI technology and militaristic governance converge, it won’t be long before Philip K. Dick’s rules for survival become our governing reality: “If, as it seems, we are in the process of becoming a totalitarian society in which the state apparatus is all-powerful, the ethics most important for the survival of the true, free, human individual would be: cheat, lie, evade, fake it, be elsewhere, forge documents, build improved electronic gadgets in your garage that’ll outwit the gadgets used by the authorities.”

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

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. Please contact staff@rutherford.org to obtain reprint permission.

“That was when they suspended the Constitution. They said it would be temporary. There wasn’t even any rioting in the streets. People stayed home at night, watching television, looking for some direction. There wasn’t even an enemy you could put your finger on.”—Margaret Atwood, The Handmaid’s Tale

We are witnessing the gradual dismantling of every constitutional principle that serves as a bulwark against government tyranny, overreach and abuse.

As usual, the latest assault comes from the U.S. Supreme Court.

In a 6-3 ruling in Vega v. Tekoh, the Supreme Court took aim at the Miranda warnings, which require that police inform suspects that they have a right against self-incrimination when in police custody: namely, that they have a right to remain silent, to have an attorney present, and that anything they say and do can and will be used against them in a court of law.

Although the Supreme Court stopped short of overturning its 1966 ruling in Miranda v. Arizona, the conservative majority declared that individuals cannot hold police accountable for violating their Fifth Amendment right to remain silent.

By shielding police from lawsuits arising from their failure to Mirandize suspects, the Supreme Court has sent a message to police that they no longer have to respect a suspect’s right to remain silent.

In other words, concludes legal analyst Nick Sibilla, “the Supreme Court has effectively created a new legal immunity for cops accused of infringing on the Fifth Amendment’s protection against self-incrimination.”

Why is this important?

In totality, the rights enshrined in the Fifth Amendment speak to the Founders’ determination to protect the rights of the individual against a government with a natural inclination towards corruption, tyranny and thuggery.

The Founders were especially concerned with balancing the scales of justice in such a way that the innocent and the accused were not railroaded and browbeaten by government agents into coerced confessions, false convictions, or sham trials.  

Indeed, so determined were the Founders to safeguard the rights of the innocent, even if it meant allowing a guilty person to go free, that Benjamin Franklin insisted, “It is better a hundred guilty persons should escape than one innocent person should suffer.”

Two hundred-plus years later, the Supreme Court (aided and abetted by the police state, Congress and Corporate America) has flipped that longstanding presumption of innocence on its head.

In our present suspect society, “we the people” are all presumed guilty until proven innocent.

With the Vega ruling, we have even fewer defenses for warding off government chicanery, abuse, threats and entrapment.

To be clear, the Supreme Court is not saying that we don’t have the right to remain silent when in police custody. It’s merely saying that we can’t sue the police for violating that right.

It’s a subtle difference but a significant one that could well encourage police to engage in the very sort of egregious misconduct at the heart of the Vega case: in which a police officer investigating a sexual assault isolated a suspect in a small, windowless room; refused him access to a lawyer or work colleagues; accused him of molesting a female patient; threatened him with violence; implied that he and his family would be deported; and terrorized him into signing a false confession dictated by the cop.

Although Terence Tekoh was eventually tried and acquitted, the Supreme Court refused to hold police accountable for browbeating an innocent man into making a false confession.

The Vega ruling threatens to turn the clocks back to a time when police resorted to physical brutality (beating, hanging, whipping) and mental torture in order to obtain confessions from suspects without ever informing them of their Fifth Amendment rights.

This was exactly the kind of misconduct that the Warren Court sought to discourage with its 5-4 ruling in Miranda v. Arizona.

As the Court concluded in Miranda almost 60 years ago:

The prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following measures are required. Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking, there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right to refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.

The end result as one analyst notes: “Miranda v. Arizona, in creating the ‘Miranda Rights’ we take for granted today, reconciled the increasing police powers of the state with the basic rights of individuals.”

By largely doing away with Miranda, the Supreme Court has made its present position clear: anything goes if you’re a cop in the American police state.

Indeed, pay close to attention to the Court’s rulings lately, and the broader picture that emerges is of a judiciary that is playing fast and loose with the rule of law, picking and choose which rights to uphold and which can be discarded, in order to expand the power of the police state at the expense of the people’s rights.

If left unchecked, this constitutionally illiterate ruling will open the door to a new era of police abuses.

By shielding police from charges of grave misconduct while throwing the book at Americans for violating any of a rapidly expanding assortment of so-called crimes, the government has created a world in which there are two sets of laws: one set for the government and its gun-toting agents, and another set for you and me.

If you’re a cop in the American police state, you can already break the law in a myriad of ways without suffering any major, long-term consequences.

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

For instance, police officer Jackie Neal was accused of putting his hands inside a woman’s panties, lifting up her shirt and feeling her breasts during a routine traffic stop. He remained on the police force. A year later, Neal was accused of digitally penetrating another woman. Still, he wasn’t fired or disciplined.

A few years after that, Neal—then serving as supervisor of the department’s youth program—was suspended for three days for having sex with a teenage girl participating in the program. As Reuters reports, “Neal never lost a dime in pay or a day off patrol: The union contract allowed him to serve the suspension using vacation days.”

Later that same year, Neal was arrested on charges that he handcuffed a woman in the rear seat of his police vehicle and then raped her. He was eventually fined $5,000 and sentenced to 14 months in prison, with five months off for “work and education.” The taxpayers of San Antonio got saddled with $500,000 to settle the case.

Now here’s the kicker: when the local city council attempted to amend the police union contract to create greater accountability for police misconduct, the police unions flexed their muscles and engaged in such a heated propaganda campaign that the city backed down.

This is how perverse justice in America has become, and it’s happening all across the country.

Incredibly, while our own constitutional protections against government abuses continue to be dismantled, a growing number of states are adopting Law Enforcement Officers’ Bill of Rights (LEOBoR)—written by police unions—which provides police officers accused of a crime with special due process rights and privileges not afforded to the average citizen.

In other words, the LEOBoR protects police officers from being treated as we are treated during criminal investigations: questioned unmercifully for hours on end, harassed, harangued, browbeaten, denied food, water and bathroom breaks, subjected to hostile interrogations, and left in the dark about our accusers and any charges and evidence against us.

These LEOBoRs epitomize everything that is wrong with America today.

Now every so often, police officers engaged in wrongdoing are actually charged for abusing their authority and using excessive force against American citizens. Occasionally, those officers are even sentenced for their crimes against the citizenry.

Yet in just about every case, it’s still the American taxpayer who foots the bill.

The ones who rarely ever feel the pinch are the officers accused or convicted of wrongdoing, “even if they are disciplined or terminated by their department, criminally prosecuted, or even imprisoned.”  

In fact, police officers are more likely to be struck by lightning than be held financially accountable for their actions.

No matter which way you spin it, “we the people” are always on the losing end of the deal.

With the Supreme Court’s ruling in Vega v. Tekoh, the scales of justice have shifted out of balance even more.

Brace yourselves: as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, things are about to get downright ugly.

Source: https://bit.ly/3yzh0TZ

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. Please contact staff@rutherford.org to obtain reprint permission.

No one should get used to their rights. Predicting with certainty which ones, if any, will go, or when, is impossible.”—Mary R. Ziegler, legal historian

The Supreme Court has spoken: there will be no consequences for cops who brutalize the citizenry and no justice for the victims of police brutality.

Although the Court’s 2021-22 rulings on qualified immunity for police who engage in official misconduct were largely overshadowed by its politically polarizing rulings on abortion, gun ownership and religion, they were no less devastating.

The doctrine of qualified immunity was intended to insulate government officials from frivolous lawsuits, but the real purpose of qualified immunity is to ensure that government officials are not held accountable for official misconduct.

In Egbert v. Boule, the Court gave total immunity to Border Patrol agents who beat up a bed-and-breakfast owner, in the process carving out a massive exception to the Fourth Amendment for border police (and by extension, other federal police) who unconstitutionally use excessive force. As journalist Ian Millhiser concludes, “Egbert v. Boule is a severe blow to the proposition that law enforcement must obey the Constitution.”

In Cope v. Cogdill, the Court let stand a Fifth Circuit ruling that granted qualified immunity to jail officials who watched a suicidal inmate strangle himself without intervening or calling for help. Likewise, in Ramirez v. Guadarrama, the Court let stand a lower court ruling granting qualified immunity to police officers who fired their tasers at a suicidal man who had doused himself in gasoline, causing the man to burst into flames.

Both Cope and Ramirez move the goal posts for the kind of misconduct that merits qualified immunity, suggesting that even sheer incompetence is excusable when it involves a cop.

It’s a chilling reminder that in the American police state, ‘we the people’ are at the mercy of law enforcement officers who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to ‘serve and protect.”

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

Under the guise of qualified immunity, there have been no consequences for police who destroyed a private home by bombarding it with tear gas grenades during a SWAT team raid gone awry, or for the cop who mistakenly shot a 10-year-old boy after aiming for and missing the non-threatening family dog, or for the arresting officer who sicced a police dog on a suspect who had already surrendered.

Qualified immunity is how the police state stays in power.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Police can subject Americans to strip searches, no matter the “offense.” A divided U.S. Supreme Court actually prioritized making life easier for overworked jail officials over the basic right of Americans to be free from debasing strip searches. In its 5-4 ruling in Florence v. Burlington, the Court declared that any person who is arrested and processed at a jail house, regardless of the severity of his or her offense (i.e., they can be guilty of nothing more than a minor traffic offense), can be subjected to a strip search by police or jail officials, which involves exposing the genitals and the buttocks. This “license to probe” is now being extended to roadside stops, as police officers throughout the country have begun performing roadside strip searches—some involving anal and vaginal probes—without any evidence of wrongdoing and without a warrant.

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

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

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

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

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

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

Clearly, as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the system is rigged.

Because the system is rigged, because the government is corrupt, and because the U.S. Supreme Court has consistently chosen to protect the police at the expense of the people, we are dealing with a nationwide epidemic of court-sanctioned police violence carried out with impunity against individuals posing little or no real threat.

This is how “we the people” keep losing.

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

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. Please contact staff@rutherford.org to obtain reprint permission.

Imagine living in a country where armed soldiers crash through doors to arrest and imprison citizens merely for criticizing government officials.

Imagine that in this very same country, you’re watched all the time, and if you look even a little bit suspicious, the police stop and frisk you or pull you over to search you on the off chance you’re doing something illegal.

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

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

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

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

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

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

Yet even knowing the heavy price they might have to pay, these men dared to speak up when silence could not be tolerated. Even after they had won their independence from Great Britain, these new Americans worked to ensure that the rights they had risked their lives to secure would remain secure for future generations.

The result: our Bill of Rights, the first ten amendments to the Constitution.

Imagine the shock and outrage these 56 men would feel were they to discover that 246 years later, the government they had risked their lives to create has been transformed into a militaristic police state in which exercising one’s freedoms—at a minimum, merely questioning a government agent—is often viewed as a flagrant act of defiance.

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

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

Here’s what the Declaration of Independence might look and sound like if it were written in the modern vernacular:

There comes a time when a populace must stand united and say “enough is enough” to the government’s abuses, even if it means getting rid of the political parties in power.

Believing that “we the people” have a natural and divine right to direct our own lives, here are truths about the power of the people and how we arrived at the decision to sever our ties to the government:

All people are created equal.

All people possess certain innate rights that no government or agency or individual can take away from them. Among these are the right to Life, Liberty and the pursuit of Happiness.

The government’s job is to protect the people’s innate rights to Life, Liberty and the pursuit of Happiness. The government’s power comes from the will of the people.

Whenever any government abuses its power, it is the right of the people to alter or abolish that government and replace it with a new government that will respect and protect the rights of the people.

It is not wise to get rid of a government for minor transgressions. In fact, as history has shown, people resist change and are inclined to suffer all manner of abuses to which they have become accustomed.

However, when the people have been subjected to repeated abuses and power grabs, carried out with the purpose of establishing a tyrannical government, people have a right and duty to do away with that tyrannical government and to replace it with a new government that will protect and preserve their innate rights for their future wellbeing.

This is exactly the state of affairs we are under suffering under right now, which is why it is necessary that we change this imperial system of government.

The history of the present Imperial Government is a history of repeated abuses and power grabs, carried out with the intention of establishing absolute tyranny over the country.

To prove this, consider the following:

The government has, through its own negligence and arrogance, refused to adopt urgent and necessary laws for the good of the people.

The government has threatened to hold up critical laws unless the people agree to relinquish their right to be fully represented in the Legislature.

In order to expand its power and bring about compliance with its dictates, the government has made it nearly impossible for the people to make their views and needs heard by their representatives.

The government has repeatedly suppressed protests arising in response to its actions.

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

The government has allowed its agents to harass the people, steal from them, jail them and even execute them.

The government has directed militarized government agents—a.k.a., a standing army—to police domestic affairs in peacetime.

The government has turned the country into a militarized police state.

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

The government has allowed its militarized police to invade our homes and inflict violence on homeowners.

The government has failed to hold its agents accountable for wrongdoing and murder under the guise of “qualified immunity.”

The government has jeopardized our international trade agreements.

The government has overtaxed us without our permission.

The government has denied us due process and the right to a fair trial.

The government has engaged in extraordinary rendition.

The government has continued to expand its military empire in collusion with its corporate partners-in-crime and occupy foreign nations.

The government has eroded fundamental legal protections and destabilized the structure of government.

The government has not only declared its federal powers superior to those of the states but has also asserted its sovereign power over the rights of “we the people.”

The government has ceased to protect the people and instead waged domestic war against the people.

The government has plundered our seas, ravaged our coasts, and destroyed the lives of the people.

The government has employed private contractors and mercenaries to carry out acts of death, desolation and tyranny, totally unworthy of a civilized nation.

The government through its political propaganda has pitted its citizens against each other.

The government has stirred up civil unrest and laid the groundwork for martial law.

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

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

We have repeatedly sounded the alarm to our fellow citizens about the government’s abuses. We have warned them about the government’s power grabs. We have appealed to their sense of justice. We have reminded them of our common bonds.

They have rejected our plea for justice and brotherhood. They are equally at fault for the injustices being carried out by the government.

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

In the 246 years since early Americans first declared and eventually won their independence from Great Britain, “we the people” have managed to work ourselves right back under the tyrant’s thumb.

Only this time, the tyrant is one of our own making: the American Police State.

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

“We the people” are still being robbed blind by a government of thieves.

We are still being taken advantage of by a government of scoundrels, idiots and monsters.

We are still being locked up by a government of greedy jailers.

We are still being spied on by a government of Peeping Toms.

We are still being ravaged by a government of ruffians, rapists and killers.

We are still being forced to surrender our freedoms—and those of our children—to a government of extortionists, money launderers and corporate pirates.

And we are still being held at gunpoint by a government of soldiers: a standing army in the form of a militarized police.

Given the fact that we are a relatively young nation, it hasn’t taken very long for an authoritarian regime to creep into power.

Unfortunately, the bipartisan coup that laid siege to our nation did not happen overnight.

It snuck in under our radar, hiding behind the guise of national security, the war on drugs, the war on terror, the war on immigration, political correctness, hate crimes and a host of other official-sounding programs aimed at expanding the government’s power at the expense of individual freedoms.

The building blocks for the bleak future we’re just now getting a foretaste of—police shootings of unarmed citizens, profit-driven prisons, weapons of compliance, a wall-to-wall surveillance state, pre-crime programs, a suspect society, school-to-prison pipelines, militarized police, overcriminalization, SWAT team raids, endless wars, etc.—were put in place by government officials we trusted to look out for our best interests.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the problems we are facing will not be fixed overnight: that is the grim reality with which we must contend.

Yet that does not mean we should give up or give in or tune out. What we need to do is declare our independence from the tyranny of the American police state.

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

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. Please contact staff@rutherford.org to obtain reprint permission.

“In a closed society where everybody’s guilty, the only crime is getting caught.”—Hunter S. Thompson

The burden of proof has been reversed.

No longer are we presumed innocent. Now we’re presumed guilty unless we can prove our innocence beyond a reasonable doubt in a court of law. Rarely, are we even given the opportunity to do so.

Although the Constitution requires the government to provide solid proof of criminal activity before it can deprive a citizen of life or liberty, the government has turned that fundamental assurance of due process on its head.

Each and every one of us is now seen as a potential suspect, terrorist and lawbreaker in the eyes of the government.

Consider all the ways in which “we the people” are now treated as criminals, found guilty of violating the police state’s abundance of laws, and preemptively stripped of basic due process rights.

Red flag gun confiscation laws: Gun control legislation, especially in the form of red flag gun laws, allow the police to remove guns from people “suspected” of being threats. These laws, growing in popularity as a legislative means by which to seize guns from individuals viewed as a danger to themselves or others, will put a target on the back of every American whether or not they own a weapon.

Disinformation eradication campaigns. In recent years, the government has used the phrase “domestic terrorist” interchangeably with “anti-government,” “extremist” and “terrorist” to describe anyone who might fall somewhere on a very broad spectrum of viewpoints that could be considered “dangerous.” The ramifications are so far-reaching as to render almost every American an extremist in word, deed, thought or by association. In the government’s latest assault on those who criticize the government—whether that criticism manifests itself in word, deed or thought—the Biden Administration has likened those who share “false or misleading narratives and conspiracy theories, and other forms of mis- dis- and mal-information” to terrorists. This latest government salvo against consumers and spreaders of “mis- dis- and mal-information” widens the net to potentially include anyone who is exposed to ideas that run counter to the official government narrative. In other words, if you dare to subscribe to any views that are contrary to the government’s, you may well be suspected of being a domestic terrorist and treated accordingly. In this way, government and corporate censors claiming to protect us from dangerous, disinformation campaigns are, in fact, laying the groundwork now to preempt any “dangerous” ideas that might challenge the power elite’s stranglehold over our lives.

Government watch lists. 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. Where many Americans go wrong is in naively assuming that you have to be doing something illegal or harmful in order to be flagged and targeted for some form of intervention or detention. In fact, all you need to do these days to end up on a government watch list or be subjected to heightened scrutiny is use certain trigger words (like cloud, pork and pirates), surf the internet, communicate using a cell phone, limp or stutter, drive a car, stay at a hotel, attend a political rally, express yourself on social media, appear mentally ill, serve in the military, disagree with a law enforcement official, call in sick to work, purchase materials at a hardware store, take flying or boating lessons, appear suspicious, appear confused or nervous, fidget or whistle or smell bad, be seen in public waving a toy gun or anything remotely resembling a gun (such as a water nozzle or a remote control or a walking cane), stare at a police officer, question government authority, or appear to be pro-gun or pro-freedom.

Thought crimes. For years now, the government has used all of the weapons in its vast arsenal—surveillance, threat assessments, fusion centers, pre-crime programs, hate crime laws, militarized police, lockdowns, martial law, etc.—to target potential enemies of the state based on their ideologies, behaviors, affiliations and other characteristics that might be deemed suspicious or dangerous. It’s not just what you say or do that is being monitored, but how you think that is being tracked and targeted. There’s a whole spectrum of behaviors ranging from thought crimes and hate speech to whistleblowing that qualifies for persecution (and prosecution) by the Deep State. It’s a slippery slope from censoring so-called illegitimate ideas to silencing truth.

Security checkpoints and fusion centers. By treating an entire populace as suspect, the government has justified wide-ranging security checkpoints that subject travelers to scans, searches, pat downs and other indignities by the TSA and VIPR raids on so-called “soft” targets like shopping malls and bus depots by black-clad, Darth Vader look-alikes. Fusion centers, which represent the combined surveillance efforts of federal, state and local law enforcement, track the citizenry’s movements, record their conversations, and catalogue their transactions.

Surveillance, precrime programs. Facial recognition software aims to create a society in which every individual who steps out into public is tracked and recorded as they go about their daily business. Coupled with surveillance cameras that blanket the country, facial recognition technology allows the government and its corporate partners to warrantlessly identify and track someone’s movements in real-time, whether or not they have committed a crime. Rapid advances in behavioral surveillance are not only making it possible for individuals to be monitored and tracked based on their patterns of movement or behavior, including gait recognition (the way one walks), but have given rise to whole industries that revolve around predicting one’s behavior based on data and surveillance patterns and are also shaping the behaviors of whole populations. With the increase in precrime programs, threat assessments, AI algorithms and surveillance programs such as SpotShotter, which attempt to calculate where illegal activity might occur by triangulating sounds and images, the burden of proof has been turned on its head by a surveillance state that renders us all suspects and overcriminalization which renders us all lawbreakers.

Mail surveillance. Just about every branch of the government—from the Postal Service to the Treasury Department and every agency in between—now has its own surveillance sector, authorized to spy on the American people. For instance, the U.S. Postal Service, which has been photographing the exterior of every piece of paper mail for the past 20 years, is also spying on Americans’ texts, emails and social media posts. Headed up by the Postal Service’s law enforcement division, the Internet Covert Operations Program (iCOP) is reportedly using facial recognition technology, combined with fake online identities, to ferret out potential troublemakers with “inflammatory” posts. The agency claims the online surveillance, which falls outside its conventional job scope of processing and delivering paper mail, is necessary to help postal workers avoid “potentially volatile situations.”

Threat assessments and AI algorithms. The government has a growing list—shared with fusion centers and law enforcement agencies—of ideologies, behaviors, affiliations and other characteristics that could flag someone as suspicious and result in their being labeled potential enemies of the state. Before long, every household in America will be flagged as a threat and assigned a threat score. It’s just a matter of time before you find yourself wrongly accused, investigated and confronted by police based on a data-driven algorithm or risk assessment culled together by a computer program run by artificial intelligence.

No-knock raids. No-knock, no-announce SWAT team raids are what passes for court-sanctioned policing in America today, and it could happen to any one of us. Nationwide, SWAT teams routinely invade homes, break down doors, kill family pets (they always shoot the dogs first), damage furnishings, terrorize families, and wound or kill those unlucky enough to be present during a raid. No longer reserved exclusively for deadly situations, SWAT teams are now increasingly being deployed for relatively routine police matters such as serving a search warrant, with some SWAT teams being sent out as much as five times a day. Police carry out tens of thousands of no-knock raids every year nationwide.

Militarized police. America is overrun with militarized cops—vigilantes with a badge—who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect.” It doesn’t matter where you live—big city or small town—it’s the same scenario being played out over and over again in which government agents, trained to act as judge, jury and executioner in their interactions with the public, ride roughshod over the rights of the citizenry. This is how we have gone from a nation of laws—where the least among us had just as much right to be treated with dignity and respect as the next person (in principle, at least)—to a nation of law enforcers (revenue collectors with weapons) who treat “we the people” like suspects and criminals.

Constitution-free zones. Merely living within 100 miles inland of the border around the United States is now enough to make you a suspect, paving the way for Border Patrol agents to search people’s homes, intimately probe their bodies, and rifle through their belongings, all without a warrant. Nearly 66% of Americans (2/3 of the U.S. population, 197.4 million people) now live within that 100-mile-deep, Constitution-free zone.

Asset forfeiture schemes. Americans no longer have a right to private property. 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. Hard-working Americans are having their bank accounts, homes, cars electronics and cash seized by police under the assumption that they have been associated with some criminal scheme. As libertarian Harry Browne observed, “Asset forfeiture is a mockery of the Bill of Rights. There is no presumption of innocence, no need to prove you guilty (or even charge you with a crime), no right to a jury trial, no right to confront your accuser, no right to a court-appointed attorney (even if the government has just stolen all your money), and no right to compensation for the property that’s been taken.”

Vehicle kill switches. Sold to the public as a safety measure aimed at keeping drunk drivers off the roads, “vehicle kill switches” could quickly become a convenient tool in the hands of government agents to put the government in the driver’s seat while rendering null and void the Constitution’s requirements of privacy and its prohibitions against unreasonable searches and seizures. As such, it presumes every driver potentially guilty of breaking some law that would require the government to intervene and take over operation of the vehicle or shut it off altogether. The message: we cannot be trusted to obey the law or navigate the world on our end.

Bodily integrity. The government’s presumptions about our so-called guilt or innocence have extended down to our very cellular level. The debate over bodily integrity covers broad territory, ranging from forced vaccinations, forced cavity searches, forced colonoscopies, forced blood draws and forced breath-alcohol tests to forced DNA extractions, forced eye scans, and forced inclusion in biometric databases: these are just a few ways in which Americans continue to be reminded that we have no real privacy, no real presumption of innocence, and no real control over what happens to our bodies during an encounter with government officials. The groundwork being laid with these mandates is a prologue to what will become the police state’s conquest of a new, relatively uncharted, frontier: inner space, specifically, the inner workings (genetic, biological, biometric, mental, emotional) of the human race. “Guilt by association” has taken on new connotations in the technological age. Yet the debate over genetic privacy—and when one’s DNA becomes a public commodity outside the protection of the Fourth Amendment’s prohibition on warrantless searches and seizures—is really only beginning. Get ready, folks, because the government has embarked on a diabolical campaign to create a nation of suspects predicated on a massive national DNA database.

Limitations on our right to move about freely. We think we have the freedom to go where we want and move about freely, but at every turn, we’re hemmed in by laws, fines and penalties that regulate and restrict our autonomy, and surveillance cameras that monitor our movements. For instance, license plate readers are mass surveillance tools that can photograph over 1,800 license tag numbers per minute, take a picture of every passing license tag number and store the tag number and the date, time, and location of the picture in a searchable database, then share the data with law enforcement, fusion centers and private companies to track the movements of persons in their cars. With tens of thousands of these license plate readers now in operation throughout the country, police can track vehicles and run the plates through law enforcement databases for abducted children, stolen cars, missing people and wanted fugitives. Of course, the technology is not infallible: there have been numerous incidents in which police have mistakenly relied on license plate data to capture suspects only to end up detaining innocent people at gunpoint.

The war on cash and the introduction of digital currency. Digital currency provides the government and its corporate partners with a mode of commerce that can easily be monitored, tracked, tabulated, mined for data, hacked, hijacked and confiscated when convenient. This push for a digital currency dovetails with the government’s war on cash, which it has been subtly waging for some time now. In recent years, just the mere possession of significant amounts of cash could implicate you in suspicious activity and label you a criminal. The rationale (by police) is that cash is the currency for illegal transactions given that it’s harder to track, can be used to pay illegal immigrants, and denies the government its share of the “take,” so doing away with paper money will help law enforcement fight crime and help the government realize more revenue. A cashless society—easily monitored, controlled, manipulated, weaponized and locked down—plays right into the hands of the government (and its corporate partners).

The Security-Industrial Complex. Every crisis—manufactured or otherwise—since the nation’s early beginnings has become a make-work opportunity for the government to expand its reach and its power at taxpayer expense while limiting our freedoms at every turn. What this has amounted to is a war on the American people, fought on American soil, funded with taxpayer dollars, and waged with a single-minded determination to use national crises, manufactured or otherwise, in order to transform the American homeland into a battlefield. As a result, the American people have been treated like enemy combatants, to be spied on, tracked, scanned, frisked, searched, subjected to all manner of intrusions, intimidated, invaded, raided, manhandled, censored, silenced, shot at, locked up, denied due process, and killed.

These programs push us that much closer towards a suspect society where everyone is potentially guilty of some crime or another and must be preemptively rendered harmless.

The ramifications of empowering the government to sidestep fundamental due process safeguards are so chilling and so far-reaching as to put a target on the back of anyone who happens to be in the same place where a crime takes place.

The groundwork has been laid for a new kind of government where it won’t matter if you’re innocent or guilty, whether you’re a threat to the nation, or even if you’re a citizen. What will matter is what the government—or whoever happens to be calling the shots at the time—thinks. And if the powers-that-be think you’re a threat to the nation and should be locked up, then you’ll be locked up with no access to the protections our Constitution provides.

In effect, you will disappear.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, our freedoms are already being made to disappear.

Source: https://bit.ly/3OGn0Rv

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. Please contact staff@rutherford.org to obtain reprint permission.

“We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; which is the stage of the darkest periods of human history, the stage of rule by brute force.” — Ayn Rand

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

Indeed, at a time when red flag gun laws (which authorize government officials to seize guns from individuals viewed as a danger to themselves or others) 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 for police to be given the green light to enter a home without a warrant in order to seize lawfully-possessed firearms based on concerns that the guns might pose a danger.

Frankly, a person wouldn’t even need to own a gun to be subjected to such a home invasion.

SWAT teams have crashed through doors on lesser pretexts based on false information, mistaken identities and wrong addresses.

Nineteen states and the District of Columbia have adopted laws allowing the police to remove guns from people suspected of being threats. If Congress succeeds in passing the Federal Extreme Risk Protection Order, which would nationalize red flag laws, that number will grow.

As The Washington Post reports, these red flag gun laws “allow a family member, roommate, beau, law enforcement officer or any type of medical professional to file a petition [with a court] asking that a person’s home be temporarily cleared of firearms. It doesn’t require a mental-health diagnosis or an arrest.

In the wake of yet another round of mass shootings, these gun confiscation laws—extreme risk protection order (ERPO) laws—may appease the fears of those who believe that fewer guns in the hands of the general populace will make our society safer.

Of course, it doesn’t always work that way.

Anything—knives, vehicles, planes, pressure cookers—can become a weapon when wielded with deadly intentions.

With these red flag gun laws, the stated intention is to disarm individuals who are potential threats… to “stop dangerous people before they act.”

While in theory it appears perfectly reasonable to want to disarm individuals who are clearly suicidal and/or pose an “immediate danger” to themselves or others, where the problem arises is when you put the power to determine who is a potential danger in the hands of government agencies, the courts and the police.

We’ve been down this road before.

Remember, this is the same government that uses the words “anti-government,” “extremist” and “terrorist” interchangeably.

This is the same government whose agents are spinning a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports using automated eyes and ears, social media, behavior sensing software, and citizen spies to identify potential threats.

This is the same government that has a growing list—shared with fusion centers and law enforcement agencies—of ideologies, behaviors, affiliations and other characteristics that could flag someone as suspicious and result in their being labeled potential enemies of the state.

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

Moreover, as a New York Times editorial warns, you may be an anti-government extremist (a.k.a. domestic terrorist) in the eyes of the police if you are afraid that the government is plotting to confiscate your firearms, if you believe the economy is about to collapse and the government will soon declare martial law, or if you display an unusual number of political and/or ideological bumper stickers on your car.

Let that sink in a moment.

Now consider the ramifications of giving police that kind of authority: to preemptively raid homes in order to neutralize a potential threat.

It’s a powder keg waiting for a lit match.

Under these red flag laws, what happened to Duncan Lemp—who was gunned down in his bedroom during an early morning, no-knock SWAT team raid on his family’s home—could very well happen to more people.

At 4:30 a.m. on March 12, 2020, in the midst of a COVID-19 pandemic that had most of the country under a partial lockdown and sheltering at home, a masked SWAT team—deployed to execute a “high risk” search warrant for unauthorized firearms—stormed the suburban house where 21-year-old Duncan, a software engineer and Second Amendment advocate, lived with his parents and 19-year-old brother.

The entire household, including Lemp and his girlfriend, was reportedly asleep when the SWAT team directed flash bang grenades and gunfire through Lemp’s bedroom window.

Lemp was killed and his girlfriend injured.

No one in the house that morning, including Lemp, had a criminal record.

No one in the house that morning, including Lemp, was considered an “imminent threat” to law enforcement or the public, at least not according to the search warrant.

So what was so urgent that militarized police felt compelled to employ battlefield tactics in the pre-dawn hours of a day when most people are asleep in bed, not to mention stuck at home as part of a nationwide lockdown?

According to police, they were tipped off that Lemp was in possession of “firearms.”

Thus, rather than approaching the house by the front door at a reasonable hour in order to investigate this complaint—which is what the Fourth Amendment requires—police instead strapped on their guns, loaded up their flash bang grenades and carried out a no-knock raid on the household.

According to the county report, the no-knock raid was justified “due to Lemp being ‘anti-government,’ ‘anti-police,’ currently in possession of body armor, and an active member of the Three Percenters,” a far-right paramilitary group that discussed government resistance.

This is what happens when you adopt red flag gun laws, painting anyone who might be in possession of a gun—legal or otherwise—as a threat that must be neutralized.

Therein lies the danger of these red flag laws, specifically, and pre-crime laws such as these generally where the burden of proof is reversed and you are guilty before you are given any chance to prove you are innocent.

Red flag gun laws merely push us that much closer towards a suspect society where everyone is potentially guilty of some crime or another and must be preemptively rendered harmless.

Where many Americans go wrong is in naively assuming that you have to be doing something illegal or harmful in order to be flagged and targeted for some form of intervention or detention.

In fact, all you need to do these days to end up on a government watch list or be subjected to heightened scrutiny is use certain trigger words (like cloud, pork and pirates), surf the internet, communicate using a cell phone, limp or stutterdrive a car, stay at a hotel, attend a political rally, express yourself on social mediaappear mentally ill, serve in the militarydisagree with a law enforcement officialcall in sick to work, purchase materials at a hardware store, take flying or boating lessons, appear suspicious, appear confused or nervous, fidget or whistle or smell bad, be seen in public waving a toy gun or anything remotely resembling a gun (such as a water nozzle or a remote control or a walking cane), stare at a police officer, question government authority, appear to be pro-gun or pro-freedom, or generally live in the United States.

Be warned: once you get on such a government watch list—whether it’s a terrorist watch list, a mental health watch list, a dissident watch list, or a red flag gun watch list—there’s no clear-cut way to get off, whether or not you should actually be on there.

You will be flagged as a potential threat and dealt with accordingly.

You will be tracked by the government’s pre-crime, surveillance network wherever you go.

Hopefully you’re starting to understand how easy we’ve made it for the government to identify, label, target, defuse and detain anyone it views as a potential threat for a variety of reasons that run the gamut from mental illness to having a military background to challenging its authority to just being on the government’s list of persona non grata.

The government has been building its pre-crime, surveillance network in concert with fusion centers (of which there are 78 nationwide, with partners in the private sector and globally), data collection agencies, behavioral scientists, corporations, social media, and community organizers and by relying on cutting-edge technology for surveillance, facial recognition, predictive policing, biometrics, and behavioral epigenetics (in which life experiences alter one’s genetic makeup).

Combine red flag laws with the government’s surveillance networks and its plan to establish an agency that will take the lead in identifying and targeting “signs” of mental illness or violent inclinations among the populace by using artificial intelligence to collect data from Apple Watches, Fitbits, Amazon Echo and Google Home, and you’ll understand why some might view gun control legislation with trepidation.

No matter how well-meaning the politicians make these encroachments on our rights appear, in the right (or wrong) hands, benevolent plans can easily be put to malevolent purposes.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, even the most well-intentioned government law or program can be—and has been—perverted, corrupted and used to advance illegitimate purposes once profit and power are added to the equation.

The war on terror, the war on drugs, the war on illegal immigration, the war on COVID-19: all of these programs started out as legitimate responses to pressing concerns and have since become weapons of compliance and control in the government’s hands.

No matter how well-intentioned, red flag gun laws will put a target on the back of every American whether or not they own a weapon.

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

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. Please contact staff@rutherford.org to obtain reprint permission.

Have you ever wondered who’s pulling the strings? … Anything we touch is a weapon. We can deceive, persuade, change, influence, inspire. We come in many forms. We are everywhere.”— U.S. Army Psychological Operations recruitment video

The U.S. government is waging psychological warfare on the American people.

No, this is not a conspiracy theory.

Psychological warfare, according to the Rand Corporation, “involves the planned use of propaganda and other psychological operations to influence the opinions, emotions, attitudes, and behavior of opposition groups.”

For years now, the government has been bombarding the citizenry with propaganda campaigns and psychological operations aimed at keeping us compliant, easily controlled and supportive of the police state’s various efforts abroad and domestically.

The government is so confident in its Orwellian powers of manipulation that it’s taken to bragging about them. Just recently, for example, the U.S. Army’s 4th Psychological Operations Group, the branch of the military responsible for psychological warfare, released a recruiting video that touts its efforts to pull the strings, turn everything they touch into a weapon, be everywhere, deceive, persuade, change, influence, and inspire.

This is the danger that lurks in plain sight.

Of the many weapons in the government’s vast arsenal, psychological warfare may be the most devastating in terms of the long-term consequences.

As the military journal Task and Purpose explains, “Psychological warfare is all about influencing governments, people of power, and everyday citizens… PSYOP soldiers’ key missions are to influence ‘emotions, notices, reasoning, and behavior of foreign governments and citizens,’ ‘deliberately deceive’ enemy forces, advise governments, and provide communications for disaster relief and rescue efforts.”

Yet don’t be fooled into thinking these psyops (psychological operations) campaigns are only aimed at foreign enemies. The government has made clear in word and deed that “we the people” are domestic enemies to be targeted, tracked, manipulated, micromanaged, surveilled, viewed as suspects, and treated as if our fundamental rights are mere privileges that can be easily discarded.

Aided and abetted by technological advances and scientific experimentation, the government has been subjecting the American people to “apple-pie propaganda” for the better part of the last century.

Consider some of the ways in which the government continues to wage psychological warfare on a largely unsuspecting citizenry.

Weaponizing violence. With alarming regularity, the nation continues to be subjected to spates of violence that terrorizes the public, destabilizes the country’s ecosystem, and gives the government greater justifications to crack down, lock down, and institute even more authoritarian policies for the so-called sake of national security without many objections from the citizenry.

Weaponizing surveillance, pre-crime and pre-thought campaigns. Surveillance, digital stalking and the data mining of the American people add up to a society in which there’s little room for indiscretions, imperfections, or acts of independence. 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. Add pre-crime programs into the mix with government agencies and corporations working in tandem to determine who is a potential danger and spin a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports using automated eyes and ears, social media, behavior sensing software, and citizen spies, and you having the makings for a perfect dystopian nightmare. The government’s war on crime has now veered into the realm of social media and technological entrapment, with government agents adopting fake social media identities and AI-created profile pictures in order to surveil, target and capture potential suspects.

Weaponizing digital currencies, social media scores and censorship. Tech giants, working with the government, have been meting out their own version of social justice by way of digital tyranny and corporate censorship, muzzling whomever they want, whenever they want, on whatever pretext they want in the absence of any real due process, review or appeal. Unfortunately, digital censorship is just the beginning. Digital currencies (which can be used as “a tool for government surveillance of citizens and control over their financial transactions”), combined with social media scores and surveillance capitalism create a litmus test to determine who is worthy enough to be part of society and punish individuals for moral lapses and social transgressions (and reward them for adhering to government-sanctioned behavior). In China, millions of individuals and businesses, blacklisted as “unworthy” based on social media credit scores that grade them based on whether they are “good” citizens, have been banned from accessing financial markets, buying real estate or travelling by air or train.

Weaponizing compliance. Even the most well-intentioned government law or program can be—and has been—perverted, corrupted and used to advance illegitimate purposes once profit and power are added to the equation. The war on terror, the war on drugs, the war on COVID-19, 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.

Weaponizing entertainment. For the past century, the Department of Defense’s Entertainment Media Office has provided Hollywood with equipment, personnel and technical expertise at taxpayer expense. In exchange, the military industrial complex has gotten a starring role in such blockbusters as Top Gun and its rebooted sequel Top Gun: Maverick, which translates to free advertising for the war hawks, recruitment of foot soldiers for the military empire, patriotic fervor by the taxpayers who have to foot the bill for the nation’s endless wars, and Hollywood visionaries working to churn out dystopian thrillers that make the war machine appear relevant, heroic and necessary. As Elmer Davis, a CBS broadcaster who was appointed the head of the Office of War Information, observed, “The easiest way to inject a propaganda idea into most people’s minds is to let it go through the medium of an entertainment picture when they do not realize that they are being propagandized.”

Weaponizing behavioral science and nudging. Apart from the overt dangers posed by a government that feels justified and empowered to spy on its people and use its ever-expanding arsenal of weapons and technology to monitor and control them, there’s also the covert dangers associated with a government empowered to use these same technologies to influence behaviors en masse and control the populace. In fact, it was President Obama who issued an executive order directing federal agencies to use “behavioral science” methods to minimize bureaucracy and influence the way people respond to government programs. It’s a short hop, skip and a jump from a behavioral program that tries to influence how people respond to paperwork to a government program that tries to shape the public’s views about other, more consequential matters. Thus, increasingly, governments around the world—including in the United States—are relying on “nudge units” to steer citizens in the direction the powers-that-be want them to go, while preserving the appearance of free will.

Weaponizing desensitization campaigns aimed at lulling us into a false sense of security. The events of recent years—the invasive surveillance, the extremism reports, the civil unrest, the protests, the shootings, the bombings, the military exercises and active shooter drills, the lockdowns, the color-coded alerts and threat assessments, the fusion centers, the transformation of local police into extensions of the military, the distribution of military equipment and weapons to local police forces, the government databases containing the names of dissidents and potential troublemakers—have conspired to acclimate the populace to accept a police state willingly, even gratefully.

Weaponizing fear and paranoia. The language of fear is spoken effectively by politicians on both sides of the aisle, shouted by media pundits from their cable TV pulpits, marketed by corporations, and codified into bureaucratic laws that do little to make our lives safer or more secure. Fear, as history shows, is the method most often used by politicians to increase the power of government and control a populace, dividing the people into factions, and persuading them to see each other as the enemy. This Machiavellian scheme has so ensnared the nation that few Americans even realize they are being manipulated into adopting an “us” against “them” mindset. Instead, fueled with fear and loathing for phantom opponents, they agree to pour millions of dollars and resources into political elections, militarized police, spy technology and endless wars, hoping for a guarantee of safety that never comes. All the while, those in power—bought and paid for by lobbyists and corporations—move their costly agendas forward, and “we the suckers” get saddled with the tax bills and subjected to pat downs, police raids and round-the-clock surveillance.

Weaponizing genetics. Not only does fear grease the wheels of the transition to fascism by cultivating fearful, controlled, pacified, cowed citizens, but it also embeds itself in our very DNA so that we pass on our fear and compliance to our offspring. It’s called epigenetic inheritance, the transmission through DNA of traumatic experiences. For example, neuroscientists observed that fear can travel through generations of mice DNA. As The Washington Post reports, “Studies on humans suggest that children and grandchildren may have felt the epigenetic impact of such traumatic events such as famine, the Holocaust and the Sept. 11, 2001, terrorist attacks.”

Weaponizing the future. With greater frequency, the government has been issuing warnings about the dire need to prepare for the dystopian future that awaits us. For instance, the Pentagon training video, “Megacities: Urban Future, the Emerging Complexity,” predicts that by 2030 (coincidentally, the same year that society begins to achieve singularity with the metaverse) the military would be called on to use armed forces to solve future domestic political and social problems. What they’re really talking about is martial law, packaged as a well-meaning and overriding concern for the nation’s security. The chilling five-minute training video paints an ominous picture of the future bedeviled by “criminal networks,” “substandard infrastructure,” “religious and ethnic tensions,” “impoverishment, slums,” “open landfills, over-burdened sewers,” a “growing mass of unemployed,” and an urban landscape in which the prosperous economic elite must be protected from the impoverishment of the have nots. “We the people” are the have-nots.

The end goal of these mind control campaigns—packaged in the guise of the greater good—is to see how far the American people will allow the government to go in re-shaping the country in the image of a totalitarian police state.

The facts speak for themselves.

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

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

What we have is a government of wolves.

Our backs are against the proverbial wall.

“We the people”—who think, who reason, who take a stand, who resist, who demand to be treated with dignity and care, who believe in freedom and justice for all—have become undervalued citizens of a totalitarian state that views people as expendable once they have outgrown their usefulness to the State.

Brace yourselves.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, “we the people” have become enemies of the Deep State.

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

“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.”— David C. Unger, The Emergency State: America’s Pursuit of Absolute Security at All Costs

America, meet your new dictator-in-chief.

As the New York Times reports, “Newly disclosed documents have shed a crack of light on secret executive branch plans for apocalyptic scenarios—like the aftermath of a nuclear attack—when the president may activate wartime powers for national security emergencies.”

The problem, of course, is that we have become a nation in a permanent state of emergency.

Power-hungry and lawless, the government has weaponized one national crisis after another in order to expand its powers and justify all manner of government tyranny in the so-called name of national security.

The seeds of this present madness were sown almost two 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 (National Security Presidential Directive 51 and Homeland Security Presidential Directive 20) provide a skeletal outline of the actions the president will take in the event of a “national emergency.”

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 president.

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

Essentially, the president would become a dictator for life.

It has happened already.

As we have witnessed in recent years, 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.

The emergency powers that we know about which presidents might claim during such states of emergency are vast, ranging from imposing martial law and suspending habeas corpus to shutting down all forms of communications, including implementing an internet kill switch, and restricting travel.

Yet according to documents recently obtained by the Brennan Center, there may be many more secret powers that presidents may institute in times of so-called crisis without oversight from Congress, the courts, or the public.

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.

The war on COVID-19, the war on terror, the war on drugs, the war on illegal immigration: all of these programs started out as responses to pressing national concerns and have since become weapons of compliance and control in the police state’s hands.

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 planning and preparing for such crises for years now, quietly assembling a wish list of presidential lockdown powers that could be trotted out and approved at a moment’s notice.

Indeed, the Trump Administration even asked Congress to allow it to suspend parts of the Constitution whenever it deems it necessary during the COVID-19 crisis and “other” emergencies. The Department of Justice (DOJ) went so far as 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.

In such a climate, the American president becomes dictator with permanent powers: imperial, unaccountable and unconstitutional.

Bear in mind 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 with the president at its helm 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.

Although the Constitution invests the President with very specific, limited powers, in recent years, American presidents have claimed the power to completely and almost unilaterally alter the landscape of this country for good or for ill.

The powers amassed by each successive president through the negligence of Congress and the courts—powers which add up to a toolbox of terror for an imperial ruler—empower whoever occupies the Oval Office to act as a dictator, above the law and beyond any real accountability.

As law professor William P. Marshall explains, “every extraordinary use of power by one President expands the availability of executive branch power for use by future Presidents.”

Moreover, it doesn’t even matter whether other presidents have chosen not to take advantage of any particular power, because “it is a President’s action in using power, rather than forsaking its use, that has the precedential significance.”

In other words, each successive president continues to add to his office’s list of extraordinary orders and directives, expanding the reach and power of the presidency and granting him- or herself near dictatorial powers.

All of the imperial powers amassed by Barack Obama and George W. Bush—to kill American citizens without due process, to detain suspects indefinitely, to strip Americans of their citizenship rights, to carry out mass surveillance on Americans without probable cause, to suspend laws during wartime, to disregard laws with which he might disagree, to conduct secret wars and convene secret courts, to sanction torture, to sidestep the legislatures and courts with executive orders and signing statements, to direct the military to operate beyond the reach of the law, to operate a shadow government, and to act as a dictator and a tyrant, above the law and beyond any real accountability—were inherited by Donald Trump and passed along to Joe Biden.

These presidential powers—acquired through the use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements and which can be activated by any sitting president—enable past, president and future presidents to operate above the law and beyond the reach of the Constitution.

These are the powers that continue to be passed along to each successive heir to the Oval Office, the Constitution be damned.

This is what you might call a stealthy, creeping, silent, slow-motion coup d’état.

From Clinton to Bush, Obama to Trump, and now Biden, it’s as if we’ve been caught in a time loop, forced to re-live the same abuses over and over again: the same assaults on our freedoms, the same disregard for the rule of law, the same subservience to the Deep State, and the same corrupt, self-serving government that exists only to amass power, enrich its shareholders and ensure its continued domination.

We’ve been losing our freedoms so incrementally for so long—sold to us in the name of national security and global peace, maintained by way of martial law disguised as law and order, and enforced by a standing army of militarized police and a political elite determined to maintain their powers at all costs—that it’s hard to pinpoint exactly when it all started going downhill, but “we the people” are paying the price for it now.

We are paying the price every day that we allow the government to continue to wage its war on the American People, a war that is being fought on many fronts: with bullets and tasers, with surveillance cameras and license readers, with intimidation and propaganda, with court rulings and legislation, with the collusion of every bureaucrat who dances to the tune of corporate handouts while on the government’s payroll, and most effectively of all, with the complicity of the American people, who continue to allow themselves to be easily manipulated by their politics, distracted by their pastimes, and acclimated to a world in which government corruption is the norm.

Unless something changes in the way we deal with these ongoing, egregious abuses of power, the predators of the police state will continue to wreak havoc on our freedoms, our communities, and our lives.

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

After all, it is a tale that has been told time and again throughout history about how easy it is for freedom to fall and tyranny to rise, and it often begins with one small, seemingly inconsequential willingness on the part of the people to compromise their principles and undermine the rule of law in exchange for a dubious assurance of safety, prosperity and a life without care.

Unfortunately, the process of unseating a dictator and limiting the powers of the presidency is far from simple but at a minimum, it must start with “we the people.”

For starters, as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, we must recalibrate the balance of power.

Start locally—in your own communities, in your schools, at your city council meetings, in newspaper editorials, at protests—by pushing back against laws that are unjust, police departments that overreach, politicians that don’t listen to their constituents, and a system of government that grows more tyrannical by the day.

What we desperately need is a concerted, collective commitment to the Constitution’s principles of limited government, a system of checks and balances, and a recognition that they—the president, Congress, the courts, the military, the police, the technocrats and plutocrats and bureaucrats—answer to and are accountable to “we the people.”

This will mean that Americans will have to stop letting their personal politics and party allegiances blind them to government misconduct and power grabs.

It will mean holding all three branches of government accountable to the Constitution (i.e., vote them out of office if they abuse their powers).

And it will mean calling on Congress to put an end to the use of presidential executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements as a means of getting around Congress and the courts.

In other words, we’ve got to start making both the president and the police state play by the rules of the Constitution.

Source: https://bit.ly/38FKkzs

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. Please contact staff@rutherford.org to obtain reprint permission.

“Mass shootings have become routine in the United States and speak to a society that relies on violence to feed the coffers of the merchants of death. Given the profits made by arms manufacturers, the defense industry, gun dealers and the lobbyists who represent them in Congress, it comes as no surprise that the culture of violence cannot be abstracted from either the culture of business or the corruption of politics.”—Professor Henry A. Giroux

We are caught in a vicious cycle.

With alarming regularity, the nation is being subjected to a heartbreaking spate of violence that terrorizes the populace, fractures communities, and gives the government greater justifications to crack down, lock down, and institute even more authoritarian policies for the so-called sake of national security without many objections from the citizenry.

Mass shootings have taken place in schools, on college campuses, movie theaters, nightclubs, grocery stores, concert venues, bars, workplaces, churches, on military bases, and in government offices. In almost every instance, the shooters were dressed in military-style gear and armed with military-style weapons.

Take the latest shooting that took place in Uvalde, Texas, when 18-year-old Salvador Ramos, wearing body armor and carrying a rifle, walked into Robb Elementary School and opened fire, leaving at least 19 children and two teachers dead.

This Uvalde shooting took place ten days after another 18-year-old man, heavily armed and wearing tactical gear (including a tactical helmet and plated armor), opened fire in a grocery store in Buffalo, N.Y, killing 10 people.

In 2018, a 19-year-old former student armed with a gas mask, smoke grenades, magazines of ammunition, and an AR-15-style semiautomatic rifle opened fire on students and teachers at Marjory Stoneman Douglas High School in Parkland, Fla., leaving 17 people dead.

Ten years ago, 20-year-old Adam Lanza—wearing body armor and black clothing, and armed with military-style weapons—opened fire on students and teachers at Sandy Hook Elementary School in Newtown, Conn., leaving 26 dead. Prior to the shooting, Lanza reportedly spent his days “playing violent video games amid posters showcasing military equipment.”

According to an FBI report issued the day before the Uvalde shooting, these kinds of “active shooter attacks” have doubled in recent years.

As expected in the wake of such tragedies, there has been a vocal outcry for enacting more strident gun control measures, more mental health checks, and heightened security measures.

Yet surely there’s more to these shootings than just easy access to weapons and mental illness.

Ask yourself: Why do these mass shootings keep happening? Who are these shooters modelling themselves after? Where are they finding the inspiration for their weaponry and tactics? Whose stance and techniques are they mirroring?

When you start to connect the dots, they lead right back to the American police state and the war-drenched, violence-imbued, profit-driven military industrial complex, both of which continue to dominate, dictate and shape almost every aspect of our lives.

The United States is the number one consumer, exporter and perpetrator of violence and violent weapons in the world.

Violence has become America’s calling card.

We are a military culture engaged in continuous warfare.

We have been a nation at war for most of our existence.

We are a nation that makes a living from killing through defense contracts, weapons manufacturing and endless wars.

We are being fed a steady diet of violence through our entertainment, news, sports and politics.

All of the military equipment featured in blockbuster movies is provided—at taxpayer expense—in exchange for carefully placed promotional spots aimed at boosting civic pride in the military, recruiting for the military, and churning out profit-driven propaganda for the military industrial complex. Even reality TV shows have gotten in on the gig.

It’s estimated that U.S. military intelligence agencies (including the NSA) have influenced over 1,800 movies and TV shows.

Then there are the growing number of violent video games, a number of which are engineered by or created for the military as recruitment tools, which have accustomed players to interactive war play through military simulations and first-person shooter scenarios. As Esther J. Cepeda writes for The Washington Post, “Violent video games alone do not cause people to go off the rails, arm themselves and open fire on innocent people in public places. But there’s also no question that there is something wrong with a multibillion-dollar video game industry that sells to young men the ability to virtually assassinate a foe as an escape from real life.”

The media, eager to score higher ratings, has been equally complicit in making (real) war more palatable to the public by packaging it as TV friendly. The military has also been firmly entrenched in the nation’s sports spectacles, having co-opted football, basketball, even NASCAR, “tying the symbols of sports with the symbols of war.”

This is how you acclimate a population to war.

This is how you cultivate loyalty to a war machine.

This is how, to borrow from the subtitle to the 1964 film Dr. Strangelove, you teach a nation to “stop worrying and love the bomb.”

This is how you sustain the nation’s appetite for war.

As journalist David Sirota writes for Salon, to those who profit from war, it is “a ‘product’ to be sold via pop culture products that sanitize war and, in the process, boost recruitment numbers.”

No wonder entertainment violence is the hottest selling ticket at the box office. As professor Henry Giroux points out, “Popular culture not only trades in violence as entertainment, but also it delivers violence to a society addicted to a pleasure principle steeped in graphic and extreme images of human suffering, mayhem and torture.”

No wonder the government continues to whet the nation’s appetite for violence and war through paid propaganda programs (seeded throughout sports entertainment, Hollywood blockbusters and video games)—what professor Roger Stahl refers to as “militainment“—that glorify the military and serve as recruiting tools for America’s expanding military empire.

No wonder Americans from a very young age are being groomed to enlist as foot soldiers—even virtual ones—in America’s Army (coincidentally, that’s also the name of a first-person shooter video game that was produced by the military and used as a pivotal recruiting tool for 20 years).

Explorer scouts, for example, have been one of the most popular recruiting tools for the military and its civilian counterparts (law enforcement, Border Patrol, and the FBI). Writing for The Atlantic, a former Explorer scout described the highlight of the program: monthly weekend maneuvers with the National Guard where scouts “got to fire live rounds from M16s, M60 machine guns, and M203 grenade launchers… we would have urban firefights (shooting blanks, of course) in Combat Town, a warren of concrete buildings designed for just that purpose. The exercise always devolved into a free-for-all, with all of us weekend warriors emptying clip after clip of blanks until we couldn’t see past the end of our rifles for all the smoke in the air.”

No wonder America spends more money on war than the combined military budgets of China, Russia, the United Kingdom, Japan, France, Saudi Arabia, India, Germany, Italy and Brazil. America polices the globe, with 800 military bases and troops stationed in 160 countries. Moreover, the war hawks have turned the American homeland into a quasi-battlefield with military gear, weapons and tactics. In turn, domestic police forces have become roving extensions of the military—a standing army.

You want to stop the gun violence?

Stop the worship of violence that permeates our culture.

Stop treating guns and war as entertainment fodder in movies, music, video games, toys, amusement parks, reality TV, sports and more.

Stop distributing weapons of war (weapons that have no business being anywhere but on a battlefield) to the local police and transforming police into extensions of the military.

Stop exposing young people to the military industrial complex’s pervasive propaganda.

Stop falling for the military industrial complex’s psychological war games.

Salvador Ramos may have pulled the trigger that resulted in the mayhem in Uvalde, Tex., but something else is driving the madness.

We’ve got to do more than react in a knee-jerk fashion.

Those who want safety at all costs will clamor for more gun control measures, widespread mental health screening of the general population and greater scrutiny of military veterans, more threat assessments and behavioral sensing warnings, more CCTV cameras with facial recognition capabilities, more “See Something, Say Something” programs aimed at turning Americans into snitches and spies, more metal detectors and whole-body imaging devices at soft targets, more roaming squads of militarized police empowered to do random bag searches, more fusion centers to centralize and disseminate information to law enforcement agencies, and more surveillance of what Americans say and do, where they go, what they buy and how they spend their time.

Yet as I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, all of these measures play into the government’s hands by locking down the nation without doing anything to address the underlying causes of this madness.

What we need is a thoughtful, measured, apolitical response to these shootings that takes aim at the violence plaguing our nation by lowering the levels of violence here and abroad, whether it’s violence we export to other countries, violence we glorify in entertainment, or violence we revel in when it’s leveled at our so-called enemies, politically or otherwise.

Our prolonged exposure to the toxic culture of the American police state is deadly.

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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.

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

“Whoever would overthrow the liberty of a nation must begin by subduing the freedom of speech.”—Benjamin Franklin

Beware of those who want to monitor, muzzle, catalogue and censor speech.

Especially be on your guard when the reasons given for limiting your freedoms end up expanding the government’s powers.

In the wake of a mass shooting in Buffalo, NY, carried out by an 18-year-old gunman in military gear allegedly motivated by fears that the white race is in danger of being replaced, there have been renewed calls for social media monitoring, censorship of flagged content that could be construed as dangerous or hateful, and limitations on free speech activities, particularly online.

As expected, those who want safety at all costs will clamor for more gun control measures (if not at an outright ban on weapons for non-military, non-police personnel), widespread mental health screening of the general population and greater scrutiny of military veterans, more threat assessments and behavioral sensing warnings, more surveillance cameras with facial recognition capabilities, more “See Something, Say Something” programs aimed at turning Americans into snitches and spies, more metal detectors and whole-body imaging devices at soft targets, more roaming squads of militarized police empowered to do random bag searches, more fusion centers to centralize and disseminate information to law enforcement agencies, and more surveillance of what Americans say and do, where they go, what they buy and how they spend their time.

All of these measures play into the government’s hands.

As we have learned the hard way, the phantom promise of safety in exchange for restricted or regulated liberty is a false, misguided doctrine that serves only to give the government greater authority to crack down, lock down, and institute even more totalitarian policies for the so-called sake of national security without many objections from the citizenry.

Add the Department of Homeland Security’s “Disinformation Governance Board” to that mix, empower it to monitor online activity and police so-called “disinformation,” and you have the makings of a restructuring of reality straight out of Orwell’s 1984, where the Ministry of Truth polices speech and ensures that facts conform to whatever version of reality the government propagandists embrace.

After all, it’s a slippery slope from censoring so-called illegitimate ideas to silencing truth.

Eventually, as George Orwell predicted, telling the truth will become a revolutionary act.

If the government can control speech, it can control thought and, in turn, it can control the minds of the citizenry.

It’s been a long time since free speech was actually free.

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

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

That’s not a whole lot of freedom, especially if you’re inclined to voice opinions that may be construed as conspiratorial or dangerous.

This steady, pervasive censorship creep clothed in tyrannical self-righteousness and inflicted on us by technological behemoths (both corporate and governmental) is technofascism, and it does not tolerate dissent.

These internet censors are not acting in our best interests to protect us from dangerous, disinformation campaigns. They’re laying the groundwork now to preempt any “dangerous” ideas that might challenge the power elite’s stranglehold over our lives.

The internet, hailed as a super-information highway, is increasingly becoming the police state’s secret weapon. This “policing of the mind” is exactly the danger author Jim Keith warned about when he predicted that “information and communication sources are gradually being linked together into a single computerized network, providing an opportunity for unheralded control of what will be broadcast, what will be said, and ultimately what will be thought.”

What we are witnessing is the modern-day equivalent of book burning which involves doing away with dangerous ideas—legitimate or not—and the people who espouse them.

Where we stand now is at the juncture of OldSpeak (where words have meanings, and ideas can be dangerous) and Newspeak (where only that which is “safe” and “accepted” by the majority is permitted). The power elite has made their intentions clear: they will pursue and prosecute any and all words, thoughts and expressions that challenge their authority.

Having been reduced to a cowering citizenry—mute in the face of elected officials who refuse to represent us, helpless in the face of police brutality, powerless in the face of militarized tactics and technology that treat us like enemy combatants on a battlefield, and naked in the face of government surveillance that sees and hears all—we have nowhere left to go and nothing left to say that cannot be misconstrued and used to muzzle us.

Yet what a lot of people fail to understand, however, is that it’s not just what you say or do that is being monitored, but how you think that is being tracked and targeted.

We’ve already seen this play out on the state and federal level with hate crime legislation that cracks down on so-called “hateful” thoughts and expression, encourages self-censoring and reduces free debate on various subject matter. 

With every passing day, we’re being moved further down the road towards a totalitarian society characterized by government censorship, violence, corruption, hypocrisy and intolerance, all packaged for our supposed benefit in the Orwellian doublespeak of national security, tolerance and so-called “government speech.”

Little by little, Americans have been conditioned to accept routine incursions on their freedoms.

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

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

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

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

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

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

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

In Easter Island’s case, as Diamond speculates:

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

Sound painfully familiar yet?

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

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

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

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

We are on that downward slope now.

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

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

Yet as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, while we squabble over which side is winning this losing battle, a tsunami approaches.

Source: https://bit.ly/3Lr0rya

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.