John W. Whitehead, Constitutional Attorney

“For soldiers … coming home is more lethal than being in combat.” ― Brené Brown, research professor at the University of Houston

The 2020 presidential election may be over, but nothing has really changed.

The U.S. government still poses the greatest threat to our freedoms.

More than terrorism, more than domestic extremism, more than gun violence and organized crime, even more than the perceived threat posed by any single politician, the U.S. government remains a greater menace to the life, liberty and property of its citizens than any of the so-called dangers from which the government claims to protect us.

This threat is especially pronounced for America’s military veterans, especially that portion of the population that exercises their First Amendment right to speak out against government wrongdoing.

Consider: we raise our young people on a steady diet of militarism and war, sell them on the idea that defending freedom abroad by serving in the military is their patriotic duty, then when they return home, bruised and battle-scarred and committed to defending their freedoms at home, we often treat them like criminals merely for exercising those rights they risked their lives to defend.

The government even has a name for its war on America’s veterans: Operation Vigilant Eagle.

As first reported by the Wall Street Journal, this Department of Homeland Security (DHS) program tracks military veterans returning from Iraq and Afghanistan and characterizes them as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.”

Coupled with the DHS’ dual reports on Rightwing and Leftwing “Extremism,” which broadly define extremists as individuals, military veterans and groups “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely,” these tactics bode ill for anyone seen as opposing the government.

Yet the government is not merely targeting individuals who are voicing their discontent so much as it is taking aim at individuals trained in military warfare.

Don’t be fooled by the fact that the DHS has gone extremely quiet about Operation Vigilant Eagle.

Where there’s smoke, there’s bound to be fire.

And the government’s efforts to target military veterans whose views may be perceived as “anti-government” make clear that something is afoot.

In recent years, military servicemen and women have found themselves increasingly targeted for surveillance, censorship, threatened with incarceration or involuntary commitment, labeled as extremists and/or mentally ill, and stripped of their Second Amendment rights.

In light of the government’s efforts to lay the groundwork to weaponize the public’s biomedical data and predict who might pose a threat to public safety based on mental health sensor data (a convenient means by which to penalize certain “unacceptable” social behaviors), encounters with the police could get even more deadly, especially if those involved have a mental illness or disability coupled with a military background.

Incredibly, as part of a proposal being considered by the Trump Administration, a new government agency HARPA (a healthcare counterpart to the Pentagon’s research and development arm DARPA) 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.

These tactics are not really new.

Many times throughout history in totalitarian regimes, such governments have declared dissidents mentally ill and unfit for society as a means of rendering them disempowering them.

As Pulitzer Prize-winning author Anne Applebaum observes in Gulag: A History: “The exile of prisoners to a distant place, where they can ‘pay their debt to society,’ make themselves useful, and not contaminate others with their ideas or their criminal acts, is a practice as old as civilization itself. The rulers of ancient Rome and Greece sent their dissidents off to distant colonies. Socrates chose death over the torment of exile from Athens. The poet Ovid was exiled to a fetid port on the Black Sea.”

For example, government officials in the Cold War-era Soviet Union often used psychiatric hospitals as prisons in order to isolate political prisoners from the rest of society, discredit their ideas, and break them physically and mentally through the use of electric shocks, drugs and various medical procedures.

Insisting that “ideas about a struggle for truth and justice are formed by personalities with a paranoid structure,” the psychiatric community actually went so far as to provide the government with a diagnosis suitable for locking up such freedom-oriented activists.

In addition to declaring political dissidents mentally unsound, Russian officials also made use of an administrative process for dealing with individuals who were considered a bad influence on others or troublemakers.

Author George Kennan describes a process in which:

The obnoxious person may not be guilty of any crime . . . but if, in the opinion of the local authorities, his presence in a particular place is “prejudicial to public order” or “incompatible with public tranquility,” he may be arrested without warrant, may be held from two weeks to two years in prison, and may then be removed by force to any other place within the limits of the empire and there be put under police surveillance for a period of from one to ten years. Administrative exile–which required no trial and no sentencing procedure–was an ideal punishment not only for troublemakers as such, but also for political opponents of the regime.

Sound familiar?

This age-old practice by which despotic regimes eliminate their critics or potential adversaries by declaring them mentally ill and locking them up in psychiatric wards for extended periods of time is a common practice in present-day China.

What is particularly unnerving, however, is how this practice of eliminating or undermining potential critics, including military veterans, is happening with increasing frequency in the United States.

Remember, the National Defense Authorization Act (NDAA) opened the door for the government to detain as a threat to national security anyone viewed as a troublemaker. According to government guidelines for identifying domestic extremists—a word used interchangeably with terrorists—technically, anyone exercising their First Amendment rights in order to criticize the government qualifies.

It doesn’t take much anymore to be flagged as potentially anti-government in a government database somewhere—Main Core, for example—that identifies and tracks individuals who aren’t inclined to march in lockstep to the government’s dictates.

In fact, as the Washington Post reports, communities are being mapped and residents assigned a color-coded threat score—green, yellow or red—so police are forewarned about a person’s potential inclination to be a troublemaker depending on whether they’ve had a career in the military, posted a comment perceived as threatening on Facebook, suffer from a particular medical condition, or know someone who knows someone who might have committed a crime.

The case of Brandon Raub is a prime example of Operation Vigilant Eagle in action.

Raub, a 26-year-old decorated Marine, actually found himself interrogated by government agents about his views on government corruption, arrested with no warning, labeled mentally ill for subscribing to so-called “conspiratorial” views about the government, detained against his will in a psych ward for standing by his views, and isolated from his family, friends and attorneys.

On August 16, 2012, a swarm of local police, Secret Service and FBI agents arrived at Raub’s Virginia home, asking to speak with him about posts he had made on his Facebook page made up of song lyrics, political opinions and dialogue used in a political thriller virtual card game.

Among the posts cited as troublesome were lyrics to a song by a rap group and Raub’s views, shared increasingly by a number of Americans, that the 9/11 terrorist attacks were an inside job.

After a brief conversation and without providing any explanation, levying any charges against Raub or reading him his rights, Raub was then handcuffed and transported to police headquarters, then to a medical center, where he was held against his will due to alleged concerns that his Facebook posts were “terrorist in nature.”

Outraged onlookers filmed the arrest and posted the footage to YouTube, where it quickly went viral. Meanwhile, in a kangaroo court hearing that turned a deaf ear to Raub’s explanations about the fact that his Facebook posts were being read out of context, Raub was sentenced to up to 30 days’ further confinement in a psychiatric ward.

Thankfully, The Rutherford Institute came to Raub’s assistance, which combined with heightened media attention, brought about his release and may have helped prevent Raub from being successfully “disappeared” by the government.

Even so, within days of Raub being seized and forcibly held in a VA psych ward, news reports started surfacing of other veterans having similar experiences.

“Oppositional defiance disorder” (ODD) is another diagnosis being used against veterans who challenge the status quo. As journalist Anthony Martin explains, an ODD diagnosis

“denotes that the person exhibits ‘symptoms’ such as the questioning of authority, the refusal to follow directions, stubbornness, the unwillingness to go along with the crowd, and the practice of disobeying or ignoring orders. Persons may also receive such a label if they are considered free thinkers, nonconformists, or individuals who are suspicious of large, centralized government… At one time the accepted protocol among mental health professionals was to reserve the diagnosis of oppositional defiance disorder for children or adolescents who exhibited uncontrollable defiance toward their parents and teachers.”

Frankly, based on how well my personality and my military service in the U.S. Armed Forces fit with this description of “oppositional defiance disorder,” I’m sure there’s a file somewhere with my name on it.

That the government is using the charge of mental illness as the means by which to immobilize (and disarm) these veterans is diabolical. With one stroke of a magistrate’s pen, these veterans are being declared mentally ill, locked away against their will, and stripped of their constitutional rights.

If it were just being classified as “anti-government,” that would be one thing.

Unfortunately, anyone with a military background and training is also now being viewed as a heightened security threat by police who are trained to shoot first and ask questions later.

Feeding this perception of veterans as ticking time bombs in need of intervention, the Justice Department launched a pilot program in 2012 aimed at training SWAT teams to deal with confrontations involving highly trained and often heavily armed combat veterans.

The result?

Police encounters with military veterans often escalate very quickly into an explosive and deadly situation, especially when SWAT teams are involved.

For example, Jose Guerena, a Marine who served in two tours in Iraq, was killed after an Arizona SWAT team kicked open the door of his home during a mistaken drug raid and opened fire. Thinking his home was being invaded by criminals, Guerena told his wife and child to hide in a closet, grabbed a gun and waited in the hallway to confront the intruders. He never fired his weapon. In fact, the safety was still on his gun when he was killed. The SWAT officers, however, not as restrained, fired 70 rounds of ammunition at Guerena—23 of those bullets made contact. Apart from his military background, Guerena had had no prior criminal record, and the police found nothing illegal in his home.

John Edward Chesney, a 62-year-old Vietnam veteran, was killed by a SWAT team allegedly responding to a call that the Army veteran was standing in his San Diego apartment window waving what looked like a semi-automatic rifle. SWAT officers locked down Chesney’s street, took up positions around his home, and fired 12 rounds into Chesney’s apartment window. It turned out that the gun Chesney reportedly pointed at police from three stories up was a “realistic-looking mock assault rifle.”

Ramon Hooks’ encounter with a Houston SWAT team did not end as tragically, but it very easily could have. Hooks, a 25-year-old Iraq war veteran, was using an air rifle gun for target practice outside when a Homeland Security Agent, allegedly house shopping in the area, reported him as an active shooter. It wasn’t long before the quiet neighborhood was transformed into a war zone, with dozens of cop cars, an armored vehicle and heavily armed police. Hooks was arrested, his air rifle pellets and toy gun confiscated, and charges filed against him for “criminal mischief.”

Given the government’s increasing view of veterans as potential domestic terrorists, it makes one think twice about government programs encouraging veterans to include a veterans designation on their drivers’ licenses and ID cards.

Hailed by politicians as a way to “make it easier for military veterans to access discounts from retailers, restaurants, hotels and vendors across the state,” it will also make it that much easier for the government to identify and target veterans who dare to challenge the status quo.

Remember: no one is spared in a police state.

Eventually, as I make clear in my book Battlefield America: The War on the American People, we all suffer the same fate.

It stands to reason that if the government can’t be bothered to abide by its constitutional mandate to respect the citizenry’s rights—whether it’s the right to be free from government surveillance and censorship, the right to due process and fair hearings, the right to be free from roadside strip searches and militarized police, or the right to peacefully assemble and protest and exercise our right to free speech—then why should anyone expect the government to treat our nation’s veterans with respect and dignity?

It’s time to end the government’s war on the American people, and that includes military veterans.

Certainly, veterans have enough physical and psychological war wounds to overcome without adding the government to the mix. Although the U.S. boasts more than 20 million veterans who have served in World War II through the present day, large numbers of veterans are impoverished, unemployed, traumatized mentally and physically, struggling with depression, suicide, and marital stress, homeless, subjected to sub-par treatment at clinics and hospitals, and left to molder while their paperwork piles up within Veterans Administration offices.

At least 60,000 veterans died by suicide between 2008 and 2017.

On average, 6,000 veterans kill themselves every year, and the numbers are on the rise.

The plight of veterans today—and their treatment at the hands of the U.S. government—remains America’s badge of shame.

So here’s a suggestion: if you really want to do something to show your respect and appreciation for the nation’s veterans, why not skip the parades and the flag-waving and instead go exercise your rights—the freedoms that those veterans swore to protect—by pushing back against the government’s tyranny.

It’s time the rest of the nation did its part to safeguard the freedoms we too often take for granted.

Freedom is not free.

Source: https://bit.ly/35aTT4D

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People  is available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

Publication Guidelines / Reprint Permission

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

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

The American people remain eager to be persuaded that a new president in the White House can solve the problems that plague us.

Yet no matter who wins this presidential election, you can rest assured that the new boss will be the same as the old boss, and we—the permanent underclass in America—will continue to be forced to march in lockstep with the police state in all matters, public and private.

Indeed, it really doesn’t matter what you call them—the Deep State, the 1%, the elite, the controllers, the masterminds, the shadow government, the police state, the surveillance state, the military industrial complex—so long as you understand that no matter which party occupies the White House in 2021, the unelected bureaucracy that actually calls the shots will continue to do so.

In the interest of liberty and truth, here are a few hard truths about life in the American police state that will persist no matter who wins the 2020 presidential election. Indeed, these issues persisted—and in many cases flourished—under both Republican and Democratic administrations in recent years.

Police militarization will continue. Thanks to federal grant programs allowing the Pentagon to transfer surplus military supplies and weapons to local law enforcement agencies without charge, police forces will continue to be transformed from peace officers to heavily armed extensions of the military, complete with jackboots, helmets, shields, batons, pepper-spray, stun guns, assault rifles, body armor, miniature tanks and weaponized drones. “Today, 17,000 local police forces are equipped with such military equipment as Blackhawk helicopters, machine guns, grenade launchers, battering rams, explosives, chemical sprays, body armor, night vision, rappelling gear and armored vehicles,” stated Paul Craig Roberts, former Assistant Secretary of the Treasury. “Some have tanks.”

Overcriminalization will continue. In the face of a government bureaucracy consumed with churning out laws, statutes, codes and regulations that reinforce its powers and value systems and those of the police state and its corporate allies, we will all continue to be viewed as petty criminals, guilty of violating some minor law. Thanks to an overabundance of 4,500-plus federal crimes and 400,000-plus rules and regulations, it is estimated that the average American actually commits three felonies a day without knowing it. In fact, according to law professor John Baker, “There is no one in the United States over the age of 18 who cannot be indicted for some federal crime.” Consequently, we now find ourselves operating in a strange new world where small farmers who dare to make unpasteurized goat cheese and share it with members of their community are finding their farms raided, while home gardeners face jail time for daring to cultivate their own varieties of orchids without having completed sufficient paperwork. This frightening state of affairs—where a person can actually be arrested and incarcerated for the most innocent and inane activities, including feeding a whale and collecting rainwater on their own property—is due to what law scholars refer to as overcriminalization.

Jailing Americans for profit will continue. At one time, the American penal system operated under the idea that dangerous criminals needed to be put under lock and key in order to protect society. Today, as states attempt to save money by outsourcing prisons to private corporations, imprisoning Americans in private prisons run by mega-corporations has turned into a cash cow for big business. In exchange for corporations buying and managing public prisons across the country at a supposed savings to the states, the states have to agree to maintain a 90% occupancy rate in the privately run prisons for at least 20 years. Such a scheme simply encourages incarceration for the sake of profits, while causing millions of Americans, most of them minor, nonviolent criminals, to be handed over to corporations for lengthy prison sentences which do nothing to protect society or prevent recidivism. Thus, although the number of violent crimes in the country is down substantially, the number of Americans being jailed for nonviolent crimes such as driving with a suspended license is skyrocketing.

Poverty will continue. Despite the fact that we have 46 million Americans living at or below the poverty line, 16 million children living in households without adequate access to food, and at least 900,000 veterans relying on food stamps (mind you, these are pre-COVID numbers, which have only got worse during this pandemic), enormous sums continue to be doled out for presidential excursions (taxpayers have been forced to pay at least $100 million so that Donald Trump could visit his golf clubs and private properties more than 500 times during his four years in office).

Endless wars that enrich the military industrial complex will continue. Having been co-opted by greedy defense contractors, corrupt politicians and incompetent government officials, America’s expanding military empire is bleeding the country dry at a rate of more than $15 billion a month (or $20 million an hour)—and that’s just what the government spends on foreign wars. That does not include the cost of maintaining and staffing the 1000-plus U.S. military bases spread around the globe. Incredibly, although the U.S. constitutes only 5% of the world’s population, America boasts almost 50% of the world’s total military expenditure, spending more on the military than the next 19 biggest spending nations combined. In fact, the Pentagon spends more on war than all 50 states combined spend on health, education, welfare, and safety. Yet what most Americans fail to recognize is that these ongoing wars have little to do with keeping the country safe and everything to do with enriching the military industrial complex at taxpayer expense. Consider that since 2001, Americans have spent $10.5 million every hour for numerous foreign military occupations, including in Iraq and Afghanistan.

Police shootings of unarmed Americans will continue. No matter what our party politics, race, religion, or any other distinction used to divide us, we all suffer when violence becomes the government’s calling card. Remember, in a police state, you’re either the one with your hand on the trigger or you’re staring down the barrel of a loaded gun. At least 400 to 500 innocent people are killed by police officers every year. Indeed, Americans are now eight times more likely to die in a police confrontation than they are to be killed by a terrorist. Americans are 110 times more likely to die of foodborne illness than in a terrorist attack. Police officers are more likely to be struck by lightning than be made financially liable for their wrongdoing. As a result, Americans are largely powerless in the face of militarized police.

SWAT team raids will continue.  More than 80,000 SWAT team raids are carried out every year on unsuspecting Americans for relatively routine police matters. Nationwide, SWAT teams have been employed to address an astonishingly trivial array of criminal activity or mere community nuisances including angry dogs, domestic disputes, improper paperwork filed by an orchid farmer, and misdemeanor marijuana possession, to give a brief sampling. On an average day in America, over 100 Americans have their homes raided by SWAT teams. There has been a notable buildup in recent years of SWAT teams within non-security-related federal agencies such as the Department of Agriculture, the Railroad Retirement Board, the Tennessee Valley Authority, the Office of Personnel Management, the Consumer Product Safety Commission, the U.S. Fish and Wildlife Service, and the Education Department.

The government’s war on the American people will continue.  “We the people” are no longer shielded by the rule of law. While the First Amendment—which gives us a voice—is being muzzled, the Fourth Amendment—which protects us from being bullied, badgered, beaten, broken and spied on by government agents—is being disemboweled. Consequently, you no longer have to be poor, black or guilty to be treated like a criminal in America. All that is required is that you belong to the suspect class—that is, the citizenry—of the American police state. As a de facto member of this so-called criminal class, every U.S. citizen is now guilty until proven innocent. The oppression and injustice—be it in the form of shootings, surveillance, fines, asset forfeiture, prison terms, roadside searches, and so on—will come to all of us eventually unless we do something to stop it now.

Government corruption will continue.  The government is not our friend. Nor does it work for “we the people.” Americans instinctively understand this. When asked to name the greatest problem facing the nation, Americans of all political stripes ranked the government as the number one concern. In fact, almost eight out of ten Americans believe that government corruption is widespread. Our so-called government representatives do not actually represent us, the citizenry. We are now ruled by an oligarchic elite of governmental and corporate interests whose main interest is in perpetuating power and control. Congress is dominated by a majority of millionaires who are, on average, fourteen times wealthier than the average American.

The rise of the surveillance state will continue. Government eyes are watching you. They see your every move: what you read, how much you spend, where you go, with whom you interact, when you wake up in the morning, what you’re watching on television and reading on the internet. Every move you make is being monitored, mined for data, crunched, and tabulated in order to form a picture of who you are, what makes you tick, and how best to control you when and if it becomes necessary to bring you in line. Police have been outfitted with a litany of surveillance gear, from license plate readers and cell phone tracking devices to biometric data recorders. Technology now makes it possible for the police to scan passersby in order to detect the contents of their pockets, purses, briefcases, etc. Full-body scanners, which perform virtual strip-searches of Americans traveling by plane, have gone mobile, with roving police vans that peer into vehicles and buildings alike—including homes. Coupled with the nation’s growing network of real-time surveillance cameras and facial recognition software, soon there really will be nowhere to run and nowhere to hide.

The erection of a suspect society will continue. 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.

Government tyranny under the reign of an Imperial President will continue. The Constitution invests the President with very specific, limited powers: to serve as Commander in Chief of the military, grant pardons, make treaties (with the approval of Congress), appoint ambassadors and federal judges (again with Congress’ blessing), and veto legislation. In recent years, however, American presidents have anointed themselves with the power to wage war, unilaterally kill Americans, torture prisoners, strip citizens of their rights, arrest and detain citizens indefinitely, carry out warrantless spying on Americans, and erect their own secretive, shadow government. The powers amassed by each past president and inherited by each successive president—powers which add up to a toolbox of terror for an imperial ruler—empower whomever occupies the Oval Office to act as a dictator, above the law and beyond any real accountability. The grim reality we must come to terms with is the fact that the government does whatever it wants, freedom be damned. More than terrorism, more than domestic extremism, more than gun violence and organized crime, the U.S. government has become a greater menace to the life, liberty and property of its citizens than any of the so-called dangers from which the government claims to protect us. This state of affairs has become the status quo, no matter which party is in power.

The government’s manipulation of national crises in order to expand its powers will continue. “We the people” have been the subjected to an “emergency state” that justifies all manner of government tyranny and power grabs in the so-called name of national security. Whatever the so-called threat to the nation—whether it’s civil unrest, school shootings, alleged acts of terrorism, or the threat of a global pandemic in the case of COVID-19—the government has a tendency to capitalize on the nation’s heightened emotions, confusion and fear as a means of extending the reach of the police state. Indeed, the government’s answer to every problem continues to be more government—at taxpayer expense—and less individual liberty.

The bottom line is this: nothing taking place on Election Day will alleviate the suffering of the American people. Unless we do something more than vote, the government as we have come to know it—corrupt, bloated and controlled by big-money corporations, lobbyists and special interest groups—will remain unchanged. And “we the people”—overtaxed, overpoliced, overburdened by big government, underrepresented by those who should speak for us and blissfully ignorant of the prison walls closing in on us—will continue to trudge along a path of misery.

As I point out in my book Battlefield America: The War on the American People, these problems will continue to plague our nation unless and until Americans wake up to the fact that we’re the only ones who can change things for the better and then do something about it. If there is to be any hope of restoring our freedoms and reclaiming control over our government, it will rest not with the politicians but with the people themselves.

After all, Indeed, the Constitution opens with those three vital words, “We the people.”

What the founders wanted us to understand is that we are the government.

There is no government without us—our sheer numbers, our muscle, our economy, our physical presence in this land. There can also be no police state—no tyranny—no routine violations of our rights without our complicity and collusion—without our turning a blind eye, shrugging our shoulders, allowing ourselves to be distracted and our civic awareness diluted.

No matter which candidate wins this election, the citizenry and those who represent us need to be held accountable to this powerful truth.

Source: https://bit.ly/3843EDH

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People  is available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

Publication Guidelines / Reprint Permission

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