John W. Whitehead, Constitutional Attorney

“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.”—George Orwell, 1984

There’s a reason George Orwell’s 1984 is a predominant theme in my new book A Government of Wolves: The Emerging American Police State (available now on Amazon.com and in stores on June 25). It’s the same reason Orwell’s dystopian thriller about a futuristic surveillance society has skyrocketed to the top of book charts in the wake of recent revelations by former CIA employee and National Security Agency (NSA) contractor Edward Snowden that the nefarious spy agency is collecting the telephone records of millions of Verizon customers, with the complete blessing of the Obama administration.

“To the future or to the past, to a time when thought is free, when men are different from one another and do not live alone— to a time when truth exists and what is done cannot be undone: From the age of uniformity, from the age of solitude, from the age of Big Brother, from the age of doublethink — greetings! ” ― George Orwell

Orwell understood what many Americans, caught up in their partisan flag-waving, are still struggling to come to terms with: that there is no such thing as a government organized for the good of the people—even the best intentions among those in government inevitably give way to the desire to maintain power and control at all costs. As Orwell explains:

The Party seeks power entirely for its own sake. We are not interested in the good of others; we are interested solely in power, pure power. What pure power means you will understand presently. We are different from the oligarchies of the past in that we know what we are doing. All the others, even those who resembled ourselves, were cowards and hypocrites. The German Nazis and the Russian Communists came very close to us in their methods, but they never had the courage to recognize their own motives. They pretended, perhaps they even believed, that they had seized power unwillingly and for a limited time, and that just around the corner there lay a paradise where human beings would be free and equal. We are not like that. We know that no one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power. Now you begin to understand me.

The fact that the U.S. government now has at its disposal a technological arsenal so sophisticated and invasive as to render any constitutional protections null and void, and these technologies are being used by the government to invade the privacy of the American people should not come as a surprise to anyone who has been paying attention over the past decade.

Spearheaded by the NSA, which has shown itself to care little for constitutional limits or privacy, the “security/industrial complex”—a marriage of government, military and corporate interests aimed at keeping Americans under constant surveillance—has come to dominate our government and our lives. At three times the size of the CIA, constituting one third of the intelligence budget and with its own global spy network to boot, the NSA has a long history of spying on Americans, whether or not it has always had the authorization to do so.

“The creatures outside looked from pig to man, and from man to pig, and from pig to man again; but already it was impossible to say which was which.”―George Orwell, Animal Farm

What many fail to realize, however, is that the government is not operating alone. It cannot. It requires an accomplice. Thus, the increasingly complex security needs of our massive federal government, especially in the areas of defense, surveillance and data management, have been met within the corporate sector, which has shown itself to be a powerful ally that both depends on and feeds the growth of governmental bureaucracy. For example, USA Today reports that five years after the 9/11 terrorist attacks, the homeland security business was booming to such an extent that it eclipsed mature enterprises like movie-making and the music industry in annual revenue. This security spending by the government to private corporations is forecast to exceed $1 trillion in the near future.

Money, power, control. There is no shortage of motives fueling the convergence of mega-corporations and government. But who is paying the price? The American people, of course, and you can be sure that it will take a toll on more than our pocketbooks. “You have government on a holy mission to ramp up information gathering and you have an information technology industry desperate for new markets,” says Peter Swire, the nation’s first privacy counselor in the Clinton Administration. “Once this is done, you will have unprecedented snooping abilities. What will happen to our private lives if we’re under constant surveillance?” We’re at that point now.

“Until they became conscious they will never rebel, and until after they have rebelled they cannot become conscious.”—George Orwell

Americans have been conditioned to accept routine incursions on their privacy rights. However, at one time, the idea of a total surveillance state tracking one’s every move would have been abhorrent to most Americans. That all changed with the 9/11 attacks. As professor Jeffrey Rosen observes, “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.”

We have, so to speak, gone from being a nation where privacy is king to one where nothing is safe from the prying eyes of government. In search of terrorists hiding amongst us–the proverbial “needle in a haystack,” as one official termed it–the government has taken to monitoring all aspects of our lives, from cell phone calls and emails to Internet activity and credit card transactions. Much of this data is being fed through fusion centers across the country. These are state and regional intelligence centers that collect data on you.

“If liberty means anything at all, it means the right to tell people what they do not want to hear.”―George Orwell

Wherever you go and whatever you do, you are now being watched–especially if you leave behind an electronic footprint. When you use your cell phone, you leave a record of when the call was placed, who you called, how long it lasted and even where you were at the time. When you use your ATM card, you leave a record of where and when you used the card. There is even a video camera at most locations. When you drive a car enabled with GPS, you can be tracked by satellite. And all of this once-private information about your consumer habits, your whereabouts and your activities is now being fed to the U.S. government.

As I document in A Government of Wolves: The Emerging American Police State, the government has nearly inexhaustible resources when it comes to tracking our movements, from electronic wiretapping devices, traffic cameras and biometrics to radio-frequency identification cards, satellites and Internet surveillance.

“Big Brother is Watching You.”―George Orwell

Speech recognition technology now makes it possible for the government to carry out massive eavesdropping by way of sophisticated computer systems. Phone calls can be monitored, the audio converted to text files and stored in computer databases indefinitely. And if any “threatening” words are detected–no matter how inane or silly–the record can be flagged and assigned to a government agent for further investigation. And in recent years, federal and state governments, as well as private corporations, have been amassing tools aimed at allowing them to monitor Internet content. Users are profiled and tracked in order to identify, target and even prosecute them.

“Nothing was your own except the few cubic centimetres inside your skull. ” ― George OrwellIn such a climate, everyone is a suspect. And you’re guilty until you can prove yourself innocent. To underscore this shift in how the government now views its citizens, just before leaving office, President Bush granted the FBI wide-ranging authority to investigate individuals or groups, regardless of whether they are suspected of criminal activity.

Here’s what a lot of people fail to understand, however: 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.

Total Internet surveillance is merely the next logical step in the government’s attempts to predict and, more importantly, control the populace–and it’s not as far-fetched as you might think. For example, the NSA is now designing an artificial intelligence system that is designed to anticipate your every move. In a nutshell, the NSA will feed vast amounts of the information it collects to a computer system known as Aquaint (the acronym stands for Advanced QUestion Answering for INTelligence), which the computer can then use to detect patterns and predict behavior.

Thus, what we are witnessing, in the so-called name of security and efficiency, is the creation of a new class system comprised of the watched (average Americans such as you and me) and the watchers (government bureaucrats, technicians and private corporations).No information is sacred or spared. Everything from cell phone recordings and logs, to emails, to text messages, to personal information posted on social networking sites, to credit card statements, to library circulation records, to credit card histories, etc., is collected by the NSA. One NSA researcher actually quit the Aquaint program, “citing concerns over the dangers in placing such a powerful weapon in the hands of a top-secret agency with little accountability.”

Clearly, the age of privacy in America is coming to a close. If Orwell’s predictions prove true, what follows will be even worse. “If you want a picture of the future,” he forewarned, “imagine a boot stamping on a human face—for ever.”

For more on this and other pressing issues relating to the emerging police state in America, read my new book A Government of Wolves: The Emerging American Police State, available now at Amazon.com.

“We have been silent witnesses of evil deeds: we have been drenched by many storms; we have learnt the arts of equivocation and pretence; experience has made us suspicious of others and kept us from being truthful and open; intolerable conflicts have worn us down and even made us cynical. Are we still of any use? What we shall need is not geniuses, or cynics, or misanthropes, or clever tacticians, but plain, honest, straightforward men. Will our inward power of resistance be strong enough, and our honesty with ourselves remoreseless enough, for us to find our way back to simplicity and straightforwardness?” – Dietrich Bonhoeffer, 1943

In the wake of recent revelations about the National Security Agency’s (NSA) program of mass surveillance directed at all American citizens, Edward Snowden, the alleged leaker of the documents proving the government’s misdeeds, is being hailed as a hero by some, a traitor and criminal by others, while some simply don’t know what to think.

Here’s what I think: Snowden and the countless others like him who are daring to stand up to the government machine are acting as the moral conscience for a nation that has lost its way.

In our current governmental climate, where laws that run counter to the dictates of the Constitution are made in secret, passed without debate, and upheld by secret courts that operate behind closed doors, obeying one’s conscience can well render you a criminal. Or as George Orwell put it, “In a time of universal deceit, telling the truth is a revolutionary act.”

As I discuss in my new book, A Government of Wolves: The Emerging American Police State (available now on Amazon.com), some of history’s most pivotal events came about because someone or some group chose to speak out against wrongdoing at great personal cost, even if it meant “breaking” the law. Dietrich Bonhoeffer, a young German theologian with a brilliant future before him and a refuge in the United States, opted instead to take part in a plot to overthrow Hitler and his despotic regime, believing that “Silence in the face of evil is itself evil. God will not hold us guiltless. Not to speak is to speak. Not to act is to act.” For his “crime” against the Fuhrer, Bonhoeffer was put to death at Flossenburg Concentration Camp.

Examples of “lawbreakers” who follow their conscience in order to stand against tyranny abound in our own history, starting with the colonists who rose up in opposition to the British crown criminals. The engineers of the Underground Railroad and the leaders of the Civil Rights Movement were also considered criminals of their day. Remember, Martin Luther King Jr. was arrested upwards of twenty times, most often for violating Jim Crow laws which mandated racial segregation in public facilities.

While technically violating the laws of their time, these individuals chose to speak and act against injustice, whether in the form of tyranny, slavery, or segregation. Instead of keeping their heads down and going with the flow, they raised their voices and sacrificed their security, comfort, and even their lives.

This brings me back to Edward Snowden, who not only has provided a window into the inner workings of American government but is holding up a mirror to American society and reflecting back our inaction, our acceptance of corruption in high places, and our indifference about the steady erosions of our freedoms.

While Snowden’s revelations about the NSA were dismaying, they were not surprising. Indeed, what I have found more disconcerting is the Left-Right response to Snowden’s revelations, namely, the willingness by those on both sides to join forces in maintaining the governmental status quo, at all costs.

When politicians with such disparate views as Senators Diane Feinstein (D-Calif.) and Lindsey Graham (R-NC) both give a full-throated defense of the Obama administration’s undeniably egregious and invasive surveillance activities, it’s obvious that we are no longer dealing with questions of freedom, or surveillance, or terrorism, but rather the defense of government power at all costs.

Talk about showing one’s true colors. When politicians with such disparate views as Senators Diane Feinstein (D-Calif.) and Lindsey Graham (R-NC) both give a full-throated defense of the Obama administration’s undeniably egregious and invasive surveillance activities, it’s obvious that we are no longer dealing with questions of freedom, or surveillance, or terrorism, but rather the defense of government power at all costs.

What this collusion reveals is that we currently live under a regime which has fully embraced the Nixonian mantra of “If the president does it, it’s not illegal.” The system of checks and balances which is supposed to protect Americans from government overreach like the NSA spying program is obviously not working.

Even President Obama, the former constitutional law professor, understands this, albeit in a perverse, backwards sort of way. In a recent speech in San Jose, Obama declared: “If people can’t trust not only the executive branch but also don’t trust Congress, and don’t trust federal judges, to make sure that we’re abiding by the Constitution with due process and rule of law, then we’re going to have some problems here.” However, when all branches of government are condoning clearly unconstitutional activities by the government against the citizenry, that’s a problem.

Now available for advance purchase at Amazon.com and in stores on June 25.

Moreover, there is no room for trust in the relationship between the government and its citizens. Remember it was James Madison who warned that “All men having power ought to be distrusted to a certain degree.” Thomas Jefferson’s solution was simple: “bind them down from mischief with the chains of the Constitution.”

As for the claim that the government is protecting us from further acts of terrorism by systematically violating our civil liberties, Conor Friedersdorf of The Atlantic effectively exorcised that particular demon when he pointed out that the likelihood of dying in a terrorist attack is astronomically low, lower than the chances of dying in a car wreck or being hit by lightning.

Thus, the question we should be asking is not whether Edward Snowden is a criminal but why the rest of us aren’t criminals as well? What are you doing to push back against the excesses of government, to reclaim our freedoms, and to live up to the ideals embodied in the Declaration of Independence and the US Constitution? What are you doing to stop the emerging American police state?

“[F]orce alone cannot make us safe. We cannot use force everywhere that a radical ideology takes root; and in the absence of a strategy that reduces the well-spring of extremism, a perpetual war – through drones or Special Forces or troop deployments – will prove self-defeating, and alter our country in troubling ways.”—Barack Obama, May 23, 2013

President Obama’s declaration that “America is at a crossroads” in the fight against terror, a fight that is increasingly turning inwards, setting its sights on homegrown extremists, should give every American pause.

We have indeed reached a crossroads. History may show that from this point forward, we will have left behind any semblance of constitutional government and entered into a militaristic state where all citizens are suspects and security trumps freedom. Certainly, this is a time when government officials operate off their own inscrutable, self-serving playbook with little in the way of checks and balances, while American citizens are subjected to all manner of indignities and violations with little hope of defending themselves. We have moved beyond the era of representative government and entered a new age, let’s call it the age of authoritarianism.

Even with its constantly shifting terrain, this topsy-turvy travesty of law and government has become America’s new normal. Don’t believe me? Let me take you on a brief guided tour, but prepare yourself: the landscape is particularly disheartening to anyone who remembers what America used to be.

The Executive Branch: Whether it’s the Obama administration’s crackdown on whistleblowers, the systematic surveillance of journalists and regular citizens, the continued operation of Guantanamo Bay, or the occupation of Afghanistan, Barack Obama has surpassed his predecessors in terms of his abuse of the Constitution and the rule of law. Despite his prior stint as a professor of constitutional law, President Obama, like many of his predecessors, has routinely disregarded the Constitution when it has suited his purposes, operating largely above the law and behind a veil of secrecy and specious legal justifications.

A police drone equipped with surveillance equipment

Drone Strikes on American Citizens: For almost two years, the United States government has been targeting American citizens abroad for death by drone, with at least four American citizens assassinated by drones outside the battlefields of Afghanistan and Iraq. These assassinations of individuals entitled to the full protection of the Constitution have been carried out without any due process whatsoever—no charges detailing their alleged wrongdoings were brought before them, no trial was conducted to determine their guilt or innocence, and no convictions of guilt were found. Obama has also gone to great lengths to give the impression that the drone assassination program is a carefully controlled, highly selective process, within the bounds of the rule of law. Yet when hundreds of individuals, innocent women and children among them, are being killed as a result of these drone strikes, clearly the process is far from controlled or selective. These “signature strikes,” which involve targeting groups of unknown men who resemble al-Qaeda members, are the equivalent of bombing a fraternity house because there are young men inside who may be up to no good. It is a practice that is inhumane, immoral and illegal, and no amount of legal parsing or political whitewashing will remove this particular stain.

Expanding the War on Terror: Although Obama insists he has no intention of continuing the wars in which the United States is embroiled, administration officials are sending an altogether different message—namely, that America’s engagement in the ongoing war on terror spans the entire globe. At a recent congressional hearing, Michael Sheehan, the assistant secretary of defense for special operations, cited the Authorization to Use Military Force (AUMF) law as justification for the administration’s ability to send American troops to places such as Yemen and the Congo without first seeking congressional authorization. Sheehan also asserted that the United States conflict with al-Qaeda will last for another ten or twenty years. As Senator Angus King (I-Maine) remarked to Sheehan: “You guys have essentially rewritten the Constitution here today… I don’t disagree that we need to fight terrorism. But we need to do it in a constitutionally sound way.”

Law Enforcement: By and large the term “law enforcement” encompasses all agents within a militarized police state, including the military, the police, and the various agencies such as the Secret Service, FBI, CIA, NSA, etc. Having been given the green light 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, America’s law enforcement officials, 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.

The Legislative Branch:  It is not overstating matters to say that Congress may well be the most self-serving, semi-corrupt institution in America. Abuses of office run the gamut from elected representatives neglecting their constituencies to engaging in self-serving practices, including the misuse of eminent domain, earmarking hundreds of millions of dollars in federal contracting in return for personal gain and campaign contributions, having inappropriate ties to lobbyist groups and incorrectly or incompletely disclosing financial information. Pork barrel spending, hastily passed legislation, partisan bickering, a skewed work ethic, graft and moral turpitude have all contributed to the public’s increasing dissatisfaction with congressional leadership. Thus, it is little wonder that a recent Gallup poll shows Congress with a 79 percent disapproval rating.

The Judicial Branch: The Supreme Court was intended to be an institution established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet through their deference to police power, preference for security over freedom, and evisceration of our most basic rights for the sake of order and expediency, the justices of the United States Supreme Court have become the architects of the American police state in which we now live. As a result, sound judgment and justice have largely taken a back seat to legalism, statism and elitism, while preserving the rights of the people has been deprioritized and made to play second fiddle to both governmental and corporate interests.

A Suspect Society: Due in large part to rapid advances in technology and a heightened surveillance culture, the burden of proof has been shifted so that the right to be considered innocent until proven guilty has been usurped by a new norm in which all citizens are suspects. This is exemplified by police practices of stopping and frisking people who are merely walking down the street and where there is no evidence of wrongdoing. Making matters worse are Terrorism Liaison Officers (firefighters, police officers, and even corporate employees) who have been trained to spy on their fellow citizens and report “suspicious activity,” which includes taking pictures with no apparent aesthetic value, making measurements and drawings, taking notes, conversing in code, espousing radical beliefs and buying items in bulk. TLOs report back to “fusion centers,” which are a driving force behind the government’s quest to collect, analyze, and disseminate information on American citizens.

We the People: Essentially, there are four camps of thought among the citizenry when it comes to holding the government accountable. Which camp you fall into says a lot about your view of government—or, at least, your view of whichever administration happens to be in power at the time, in this case it being the Obama administration. In the first camp are those who trust the government to do the right thing, despite the government’s repeated failures in this department. In the second camp are those who not only don’t trust the government but think the government is out to get them. In the third camp are those who see government neither as an angel nor a devil, but merely as an entity that needs to be controlled, or as Thomas Jefferson phrased it, bound “down from mischief with the chains of the Constitution.” Then there’s the fourth camp, comprised of individuals who pay little to no attention to the workings of government, so much so that they barely vote, let alone know who’s in office. Easily entertained, easily distracted, easily led, these are the ones who make the government’s job far easier than it should be.

I haven’t even touched on the corporate state, the military industrial complex, SWAT team raids, invasive surveillance technology, zero tolerance policies in the schools, overcriminalization, or privatized prisons, to name just a few, but what I have touched on should be enough to show that the landscape of our freedoms has already changed dramatically from what it once was and will no doubt continue to deteriorate, unless Americans can find a way to wrest back control of their government and reclaim their freedoms.

For  more on this and other pressing issues relating to the emerging police state in America, read my new book  A Government of Wolves: The Emerging American Police State, available now at Amazon.com.

In this next installment in the Pressure Points series which explores threatens to the Bill of Rights and our essential freedoms, I examine the language of fear and government paranoia.

View it here.