Federal Appeals Court Refuses to Reconsider Decision Upholding 60-Year-Old Ban on Expressive Activity on U.S. Supreme Court Plaza

Posted: November 6, 2015 in Uncategorized
Tags: first amendment, free speech, harold hodge, supreme court

Screen Shot 2015-09-01 at 9.56.09 AM WASHINGTON, DC — A federal appeals court has summarily rejected a request that it reconsider its ruling that a 60-year old federal statute criminalizing expressive First Amendment activity on the Supreme Court plaza is “reasonable” and does not violate the First Amendment, setting up an appeal to the U.S. Supreme Court.

The U.S. Court of Appeals for the District of Columbia denied without explanation a petition for rehearing filed by The Rutherford Institute in Hodge v. Talkin, in which Institute attorneys pointed out that the ruling by a three-judge panel of the Court upholding the ban on speech on the plaza conflicts with earlier decisions construing a nearly-identical statute. The panel decision reversed a lower court decision finding the ban to be “repugnant” to the Constitution and “unreasonable, substantially overbroad, and irreconcilable with the First Amendment.” Rutherford Institute attorneys filed the lawsuit on behalf of activist Harold Hodge, who was arrested while standing silently in front of the U.S. Supreme Court on a snowy day wearing a sign voicing his concerns about the government’s disparate treatment of African-Americans and Hispanics.

“Through a series of carefully crafted legislative steps and politically expedient court rulings, government officials have managed to disembowel this fundamental freedom, rendering the First Amendment with little more meaning than the right to file a lawsuit against government officials,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Ironically, when we appeal this case, it will be the justices of the U.S. Supreme Court who will eventually be asked to decide the constitutionality of their own statute, yet they have already made their views on the subject quite clear.”

On January 28, 2011, Harold Hodge quietly and peacefully stood in the plaza area near the steps leading to the United States Supreme Court Building, wearing a 3’ X 2’ sign around his neck that proclaimed: “The U.S. Gov. Allows Police To Illegally Murder And Brutalize African Americans And Hispanic People.” The plaza is a place where the public is allowed to gather and converse, and is in all relevant respects like a public square or park where citizens have traditionally met to express their views on matters of public interest. However, Hodge was handcuffed, placed under arrest, and then transported to U.S. Capitol Police Headquarters for violating 40 U.S.C. § 6135, which broadly makes it unlawful to display any flag, banner, or device designed to bring into public notice a party, organization, or movement while on the grounds of the U.S. Supreme Court, thereby banning expressive activity on the Supreme Court plaza. Rutherford Institute attorneys subsequently filed a lawsuit challenging § 6135, and in June 2013 a district court judge struck down the law finding it “plainly unconstitutional on its face.” In response, the government not only appealed that ruling, but the marshal for the Supreme Court—with the approval of Chief Justice John Roberts—issued even more strident regulations outlawing expressive activity on the grounds of the high court, including the plaza. Rutherford Institute attorneys have since filed a related lawsuit challenging the Supreme Court’s more strident regulations.

Affiliate attorney Jeffrey Light is assisting The Rutherford Institute with Hodge.

The Real Issues You Won’t Hear from the 2016 Presidential Candidates This Election Year by John W. Whitehead

Posted: November 3, 2015 in Uncategorized
Tags: 2016 presidential election, asset forfeiture, black budget ops, civics education, cost of war, education, federal contractors, militarized police, national debt, oligarchy, police, police state, prisons, private prisons, private property, strip searches, surveillance, SWAT team raids

“Apparently, a democracy is a place where numerous elections are held at great cost without issues and with interchangeable candidates.”—Gore Vidal

The countdown has begun.

We now have less than one year until the 2016 presidential election, and you can expect to be treated to an earful of carefully crafted, expensive sound bites and political spin about climate change, education, immigration, taxes and war.

Despite the dire state of our nation, however, you can rest assured that none of the problems that continue to undermine our freedoms will be addressed in any credible, helpful way by any of the so-called viable presidential candidates and certainly not if doing so might jeopardize their standing with the unions, corporations or the moneyed elite bankrolling their campaigns.

The following are just a few of the issues that should be front and center in every presidential debate. That they are not is a reflection of our willingness as citizens to have our political elections reduced to little more than popularity contests that are, in the words of Shakespeare, “full of sound and fury, signifying nothing.”

The national debt. Why aren’t politicians talking about the whopping $18.1 trillion and rising that our government owes to foreign countries, private corporations and its retirement programs? Not only is the U.S. the largest debtor nation in the world, but according to Forbes, “the amount of interest on the national debt is estimated to be accumulating at a rate of over one million dollars per minute.” Shouldn’t the government being on the verge of bankruptcy be an issue worth talking about?

Black budget spending. It costs the American taxpayer $52.6 billion every year to be spied on by the sixteen or so intelligence agencies tasked with surveillance, data collection, counterintelligence and covert activities. The agencies operating with black budget (top secret) funds include the CIA, NSA and Justice Department. Clearly, our right to privacy seems to amount to nothing in the eyes of the government and those aspiring to office.

Government contractors. Despite all the talk about big and small government, what we have been saddled with is a government that is outsourcing much of its work to high-paid contractors at great expense to the taxpayer and with no competition, little transparency and dubious savings. According to the Washington Post, “By some estimates, there are twice as many people doing government work under contract than there are government workers.” These open-ended contracts, worth hundreds of millions of dollars, “now account for anywhere between one quarter and one half of all federal service contracting.” Moreover, any attempt to reform the system is “bitterly opposed by federal employee unions, who take it as their mission to prevent good employees from being rewarded and bad employees from being fired.”

Cost of war. Then there’s the detrimental impact the government’s endless wars (fueled by the profit-driven military industrial complex) is having on our communities, our budget and our police forces. In fact, the U.S. Department of Defense is the world’s largest employer, with more than 3.2 million employees. Since 9/11, we’ve spent more than $1.6 trillion to wage wars in Afghanistan and Iraq. When you add in our military efforts in Pakistan, as well as the lifetime price of health care for disabled veterans and interest on the national debt, that cost rises to $4.4 trillion.

Education. Despite the fact that the U.S. spends more on education than any other developed nation, our students continue to lag significantly behind other advanced industrial nations. Incredibly, teenagers in the U.S. ranked 36th in the world in math, reading and science.

Civics knowledge. Americans know little to nothing about their rights or how the government is supposed to operate. This includes educators and politicians. For example, 27 percent of elected officials cannot name even one right or freedom guaranteed by the First Amendment, while 54 percent do not know the Constitution gives Congress the power to declare war. As one law professor notes:

Only 36 percent of Americans can name the three branches of government. Fewer than half of 12th grade students can describe the meaning of federalism. Only 35% of teenagers can identify “We the People” as the first three words of the Constitution. Fifty-eight percent of Americans can’t identify a single department in the United States Cabinet. Only 5% of high school seniors can identify checks on presidential power, only 43% could name the two major political parties, only 11% knew the length of a Senator’s term, and only 23% could name the first President of the United States.

A citizenry that does not know its rights will certainly not rebel while they are being systematically indoctrinated into compliance.

Asset forfeiture. Under the guise of fighting the war on drugs, government agents (usually the police) have been given broad leeway to seize billions of dollars’ worth of private property (money, cars, TVs, etc.) they “suspect” may be connected to criminal activity. Then—and here’s the kicker—whether or not any crime is actually proven to have taken place, the government keeps the citizen’s property, often divvying it up with the local police who did the initial seizure. The police are actually being trained in seminars on how to seize the “goodies” that are on police departments’ wish lists. According to the New York Times, seized monies have been used by police to “pay for sports tickets, office parties, a home security system and a $90,000 sports car.”

Surveillance. Not only is the government spying on Americans’ phone calls and emails, but police are also being equipped with technology such as Stingray devices that can track your cell phone, as well as record the content of your calls and the phone numbers dialed. That doesn’t even touch on what the government’s various aerial surveillance devices are tracking, or the dangers posed to the privacy and safety of those on the ground. Just recently, a 243-foot, multi-billion dollar military surveillance blimp drifted off, leaving a path of wreckage and power outages in its wake, before finally crash landing.

Police misconduct. Americans have no protection against police abuse. It is no longer unusual to hear about incidents in which police shoot unarmed individuals first and ask questions later. What is increasingly common, however, is the news that the officers involved in these incidents get off with little more than a slap on the hands. Moreover, while increasing attention has been paid to excessive police force, sexual misconduct by police has been largely overlooked. A year-long investigation by the Associated Press “uncovered about 1,000 officers who lost their badges in a six-year period” for sexual misconduct. “Victims included unsuspecting motorists, schoolchildren ordered to raise their shirts in a supposed search for drugs, police interns taken advantage of, women with legal troubles who succumbed to performing sex acts for promised help, and prison inmates forced to have sex with guards.” Yet the numbers are largely underreported, covered up by police departments that “stay quiet about improprieties to limit liability, allowing bad officers to quietly resign, keep their certification and sometimes jump to other jobs.”

Prison population. With more than 2 million Americans in prison, and close to 7 million adults in correctional care, the United States has the largest prison population in the world. Many of the nation’s privately run prisons—a $5 billion industry—require the state to keep the prisons at least 90 percent full at all times, “regardless of whether crime was rising or falling.” As Mother Jones reports, “private prison companies have supported and helped write ‘three-strike’ and ‘truth-in-sentencing’ laws that drive up prison populations. Their livelihoods depend on towns, cities, and states sending more people to prison and keeping them there.” Private prisons are also doling out harsher punishments for infractions by inmates in order to keep them locked up longer in order to “boost profits” at taxpayer expense. All the while, the prisoners are being forced to provide cheap labor for private corporations.

SWAT team raids. Over 80,000 SWAT team raids are conducted on American homes and businesses each year. Police agencies, already empowered to crash through your door if they suspect you’re up to no good, now have radars that allow them to “see” through the walls of your home.

Oligarchy. We are no longer a representative republic. The U.S. has become a corporate oligarchy. As a Princeton University survey indicates, our elected officials, especially those in the nation’s capital, represent the interests of the rich and powerful rather than the average citizen.

Young people. Nearly one out of every three American children live in poverty, ranking America among the worst countries in the developed world. Patrolled by police, our schools have become little more than quasi-prisons in which kids as young as age 4 are being handcuffed for “acting up,” subjected to body searches and lockdowns, and suspended for childish behavior.

Private property. Private property means little at a time when SWAT teams and other government agents can invade your home, break down your doors, kill your dog, wound or kill you, damage your furnishings and terrorize your family. Likewise, if government officials can fine and arrest you for growing vegetables in your front yard, praying with friends in your living room, installing solar panels on your roof, and raising chickens in your backyard, you’re no longer the owner of your property.

Strip searches. Court rulings undermining the Fourth Amendment and justifying invasive strip searches have left us powerless against police empowered to forcefully draw our blood, forcibly take our DNA, strip search us, and probe us intimately. Accounts are on the rise of individuals—men and women alike—being subjected to what is essentially government-sanctioned rape by police in the course of “routine” traffic stops.

Fiscal corruption. If there is any absolute maxim by which the federal government seems to operate, it is that the American taxpayer always gets ripped off. This is true, whether you’re talking about taxpayers being forced to fund high-priced weaponry that will be used against us, endless wars that do little for our safety or our freedoms, or bloated government agencies such as the National Security Agency with its secret budgets, covert agendas and clandestine activities. Rubbing salt in the wound, even monetary awards in lawsuits against government officials who are found guilty of wrongdoing are paid by the taxpayer.

Militarized police. Americans are powerless in the face of militarized police. In early America, government agents were not permitted to enter one’s home without permission or in a deceitful manner. And citizens could resist arrest when a police officer tried to restrain them without proper justification or a warrant. Daring to dispute a warrant with a police official today who is armed with high-tech military weapons would be nothing short of suicidal. Moreover, as police forces across the country continue to be transformed into extensions of the military, Americans are finding their once-peaceful communities transformed into military outposts, complete with tanks, weaponry, and other equipment designed for the battlefield.

These are not problems that can be glibly dismissed with a few well-chosen words, as most politicians are inclined to do. Nor will the 2016 elections do much to alter our present course towards a police state. Indeed, it is doubtful whether the popularity contest for the new occupant of the White House will significantly alter the day-to-day life of the average American greatly at all. Those life-changing decisions are made elsewhere, by nameless, unelected government officials who have turned bureaucracy into a full-time and profitable business.

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.

This was a recurring theme for Martin Luther King Jr., who urged Americans to engage in militant nonviolent resistance in response to government corruption. In a speech delivered just a few months before his assassination, King called on Americans to march on Washington in order to take a stand against the growing problems facing the nation—problems that were being ignored by those in office because they were unpopular, not profitable or risky. “I don’t determine what is right and wrong by looking at the budget of the Southern Christian Leadership Conference. Nor do I determine what is right and wrong by taking a Gallup poll of the majority opinion,” remarked King. “Ultimately a genuine leader is not a searcher of consensus but a molder of consensus.”

Guided by Gallup polls, influenced by corporate lobbyists, and molded by party politics, the 2016 presidential candidates are playing for high stakes, but they are not looking out for the best interests of “we the people.” As King reminds us:

“Cowardice asks the question, ‘Is it safe?’ Expediency asks the question, ‘Is it politic?’ And Vanity comes along and asks the question, ‘Is it popular?’ But Conscience asks the question ‘Is it right?’ And there comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must do it because Conscience tells him it is right.”

Rutherford Institute Challenges Virginia Over Its Cancellation, Revocation and Recall of License Plates Displaying the Confederate Flag

Posted: October 30, 2015 in Uncategorized
Tags: Confederate flag, DMV, first amendment, free speech, license plate, SCV

LAWRENCEVILLE, Va. — Attorneys for The Rutherford Institute have filed a petition with a Virginia Circuit Court challenging an order of the state Department of Motor Vehicles (DMV) cancelling, revoking and/or demanding the return of specialty commemorative license plates issued to the Sons of Confederate Veterans (SCV) bearing the Confederate battle flag on the grounds that such a recall is unauthorized by Virginia law and beyond the power of the DMV. The DMV’s order comes in the wake of a U.S. Supreme Court decision holding that states issuing specialty license plates may engage in viewpoint discrimination when granting applications for specialty license plate designs. However, in the petition challenging the DMV’s September 2015 order, Rutherford Institute attorneys assert the order is unlawful and does not comply with Virginia statutes relating to the cancellation and recall of license plates.

“No matter what the U.S. Supreme Court might say about the matter, the First Amendment is unmistakably clear about the fact that the government has no right to dictate how we should act, what we should believe or what we should say, nor should it be in the business of determining what is or is not offensive, whether such expression appears on a license plate, a T-shirt, or a protest sign,” said John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People.

Under Virginia law, specialty Virginia license plates bearing an organization’s logo and motto in addition to letters and numbers as found on other Virginia license plates may be issued to members and supporters of various organizations or groups. In 1999, The Rutherford Institute and the Sons of Confederate Veterans (SCV), a non-profit organization dedicated to preserving the history and legacy of citizen-soldiers who fought for the Confederacy in the Civil War, brought a lawsuit against Virginia and the DMV challenging its refusal to include the logo of the SCV which includes the Confederate battle flag. A federal district court ruled in 2001 that the State’s refusal to include the Confederate battle flag on SCV specialty plates constituted viewpoint discrimination in violation of the First Amendment. This ruling was upheld by the Fourth Circuit Court of Appeals in 2002.

Shortly thereafter, the DMV began issuing SCV specialty license plates which included a display of the Confederate battle flag. However, in June 2015, the U.S. Supreme Court ruled in Walker v. Tex. Div. of SCV that specialty license plates do not represent the speech of the individual motorists who purchase them, and that Texas could refuse to issue plates with the SCV’s Confederate battle flag logo. Following the ruling, Virginia’s DMV was granted permission by a federal court to be relieved from the orders entered in 2001 and 2002 respecting the SCV specialty plates. Soon after, the DMV notified SCV members that the previously-issued plates had been cancelled and were being recalled. In legal papers filed with the Circuit Court for Brunswick County, on behalf of Leonard Tracy Clary, Rutherford Institute attorneys challenge the DMV’s decision to cancel, revoke and/or demand the return of the SCV license plates, while ordering that recipients display new plates that do not bear the true logo of the SCV, which includes the Confederate battle flag.

Attorney Fred D. Taylor of Bush & Taylor, P.C., in Suffolk, Va., is assisting The Rutherford Institute in representing Clary and challenging the DMV order.

LEGAL ACTION

Click here to read The Rutherford Institute’s petition for review in Clary v. Virginia DMV

Fear of the Walking Dead: The American Police State Takes Aim by John W. Whitehead

Posted: October 26, 2015 in Uncategorized
Tags: Army War College, CDC, disaster drills, DOD, domestic terrorist, fear the walking dead, government surveillance, main core, military drills, Minerva Initiative, police state, Rightwing Extremism, walking dead, zombie apocalypse, zombie preparedness, zombies

“Fear is a primitive impulse, brainless as hunger, and because the aim of horror fiction is the production of the deepest kinds of fears, the genre tends to reinforce some remarkably uncivilized ideas about self-protection. In the current crop of zombie stories, the prevailing value for the beleaguered survivors is a sort of siege mentality, a vigilance so constant and unremitting that it’s indistinguishable from the purest paranoia.”— Terrence Rafferty, New York Times

The zombies are back. They are hungry. And they are lurking around every corner.

In Kansas, Governor Sam Brownback has declared October “Zombie Preparedness Month” in an effort to help the public prepare for a possible zombie outbreak.

In New York, researchers at Cornell University have concluded that the best place to hide from the walking dead is the northern Rocky Mountains region.

And in Washington, DC, the Centers for Disease Control and Prevention have put together a zombie apocalypse preparation kit “that details everything you would need to have on hand in the event the living dead showed up at your front door.”

The undead are also wreaking havoc at gun shows, battling corsets in forthcoming movie blockbusters such as Pride and Prejudice and Zombies, running for their lives in 5K charity races, and even putting government agents through their paces in mock military drills arranged by the Dept. of Defense (DOD) and the Center for Disease Control (CDC).

The zombie narrative, popularized by the hit television series The Walking Dead, in which a small group of Americans attempt to survive in a zombie-ridden, post-apocalyptic world where they’re not only fighting off flesh-eating ghouls but cannibalistic humans, plays to our fears and paranoia.

Yet as journalist Syreeta McFadden points out, while dystopian stories used to reflect our anxieties, now they reflect our reality, mirroring how we as a nation view the world around us, how we as citizens view each other, and most of all how our government views us.

Fear the Walking Dead—AMC’s new spinoff of its popular Walking Dead series—drives this point home by dialing back the clock to when the zombie outbreak first appears and setting viewers down in the midst of societal unrest not unlike our own experiences of the past year (“a bunch of weird incidents, police protests, riots, and … rapid social entropy”). Then, as Forbes reports, “the military showed up and we fast-forwarded into an ad hoc police state with no glimpse at what was happening in the world around our main cast of hapless survivors.”

Forbes found Fear’s quick shift into a police state to be far-fetched, but anyone who has been paying attention in recent years knows that the groundwork has already been laid for the government—i.e., the military—to intervene and lock down the nation in the event of a national disaster.

Recognizing this, the Atlantic notes: “The villains of [Fear the Walking Dead] aren’t the zombies, who rarely appear, but the U.S. military, who sweep into an L.A. suburb to quarantine the survivors. Zombies are, after all, a recognizable threat—but Fear plumbs drama and horror from the betrayal by institutions designed to keep people safe.”

We’ve been so hounded in recent years with dire warnings about terrorist attacks, Ebola pandemics, economic collapse, environmental disasters, and militarized police that it’s no wonder millions of Americans have turned to zombie fiction as a way to “envision how we and our own would thrive if everything went to hell and we lost all our societal supports.” As Time magazine reporter James Poniewozik phrases it, the “apocalyptic drama lets us face the end of the world once a week and live.”

Here’s the curious thing, however: while zombies may be the personification of our darkest fears, they embody the government’s paranoia about the citizenry as potential threats that need to be monitored, tracked, surveilled, sequestered, deterred, vanquished and rendered impotent.

Why else would the government feel the need to monitor our communications, track our movements, criminalize our every action, treat us like suspects, and strip us of any means of defense while equipping its own personnel with an amazing arsenal of weapons?

For years now, the government has been carrying out military training drills with zombies as the enemy. In 2011, the DOD created a 31-page instruction manual for how to protect America from a terrorist attack carried out by zombie forces. In 2012, the CDC released a guide for surviving a zombie plague. That was followed by training drills for members of the military, police officers and first responders.

As journalist Andrea Peyser reports:

Coinciding with Halloween 2012, a five-day national conference was put on by the HALO Corp. in San Diego for more than 1,000 first responders, military personnel and law enforcement types. It included workshops produced by a Hollywood-affiliated firm in…overcoming a zombie invasion. Actors were made up to look like flesh-chomping monsters. The Department of Homeland Security even paid the $1,000 entry fees for an unknown number of participants…

“Zombie disaster” drills were held in October 2012 and ’13 at California’s Sutter Roseville Medical Center. The exercises allowed medical center staff “to test response to a deadly infectious disease, a mass-casualty event, terrorism event and security procedures”…

[In October 2014], REI outdoor-gear stores in Soho and around the country are to hold free classes in zombie preparedness, which the stores have been providing for about three years.

The zombie exercises appear to be kitschy and fun—government agents running around trying to put down a zombie rebellion—but what if the zombies in the exercises are us, the citizenry, viewed by those in power as mindless, voracious, zombie hordes?

Consider this: the government started playing around with the idea of using zombies as stand-ins for enemy combatants in its training drills right around the time the Army War College issued its 2008 report, warning that an economic crisis in the U.S. could lead to massive civil unrest that would require the military to intervene and restore order.

That same year, it was revealed that the government had amassed more than 8 million names of Americans considered a threat to national security, to be used “by the military in the event of a national catastrophe, a suspension of the Constitution or the imposition of martial law.” The program’s name, Main Core, refers to the fact that it contains “copies of the ‘main core’ or essence of each item of intelligence information on Americans produced by the FBI and the other agencies of the U.S. intelligence community.”

Also in 2008, the Pentagon launched the Minerva Initiative, a $75 million military-driven research project focused on studying social behavior in order to determine how best to cope with mass civil disobedience or uprisings. The Minerva Initiative has funded projects such as “Who Does Not Become a Terrorist, and Why?” which “conflates peaceful activists with ‘supporters of political violence’ who are different from terrorists only in that they do not embark on ‘armed militancy’ themselves.”

In 2009, the Dept. of Homeland Security issued its reports on Rightwing and Leftwing Extremism, in which the terms “extremist” and “terrorist” were used interchangeably to describe citizens who were disgruntled or anti-government.

Meanwhile, a government campaign was underway to spy on Americans’ mail, email and cell phone communications. News reports indicate that the U.S. Postal Service has handled more than 150,000 requests by federal and state law enforcement agencies to monitor Americans’ mail, in addition to photographing every piece of mail sent through the postal system.

Fast forward a few years more and you have local police being transformed into extensions of the military, taught to view members of their community as suspects, trained to shoot first and ask questions later, and equipped with all of the technology and weaponry of a soldier on a battlefield.

Most recently, the Obama administration hired a domestic terrorism czar whose job is to focus on anti-government American “extremists” who have been designated a greater threat to America than ISIS or al Qaeda. As part of the government’s so-called war on right-wing extremism, the Obama administration has agreed to partner with the United Nations to take part in its Strong Cities Network program, which will train local police agencies across America in how to identify, fight and prevent extremism.

In other words, those who believe in and exercise their rights under the Constitution (namely, the right to speak freely, worship freely, associate with like-minded individuals who share their 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), have just been promoted to the top of the government’s terrorism watch list.

Noticing a pattern yet?

“We the people” or, more appropriately, “we the zombies” are the enemy in the eyes of the government.

So when presented with the Defense Department’s battle plan for defeating an army of the walking dead, you might find yourself tempted to giggle over the fact that a taxpayer-funded government bureaucrat actually took the time to research and write about vegetarian zombies, evil magic zombies, chicken zombies, space zombies, bio-engineered weaponized zombies, radiation zombies, symbiant-induced zombies, and pathogenic zombies.

However, in an age of extreme government paranoia, this is no laughing matter.

The DOD’s strategy for dealing with a zombie uprising, outlined in “CONOP 8888,” is for all intents and purposes a training manual for the government in how to put down a citizen uprising or at least an uprising of individuals “infected” with dangerous ideas about freedom.

Rest assured that the tactics and difficulties outlined in the “fictional training scenario” are all too real, beginning with martial law.

As the DOD training manual states: “zombies [read: “activists”] are horribly dangerous to all human life and zombie infections have the potential to seriously undermine national security and economic activities that sustain our way of life. Therefore having a population that is not composed of zombies or at risk from their malign influence is vital to U.S. and Allied national interests.”

So how does the military plan to put down a zombie (a.k.a. disgruntled citizen) uprising?

The strategy manual outlines five phases necessary for a counter-offensive: shape, deter, seize initiative, dominate, stabilize and restore civil authority. Here are a few details:

Phase 0 (Shape): Conduct general zombie awareness training. Monitor increased threats (i.e., surveillance). Carry out military drills. Synchronize contingency plans between federal and state agencies. Anticipate and prepare for a breakdown in law and order.

Phase 1 (Deter): Recognize that zombies cannot be deterred or reasoned with. Carry out training drills to discourage other countries from developing or deploying attack zombies and publicly reinforce the government’s ability to combat a zombie threat. Initiate intelligence sharing between federal and state agencies. Assist the Dept. of Homeland Security in identifying or discouraging immigrants from areas where zombie-related diseases originate.

Phase 2 (Seize initiative): Recall all military personal to their duty stations. Fortify all military outposts. Deploy air and ground forces for at least 35 days. Carry out confidence-building measures with nuclear-armed peers such as Russia and China to ensure they do not misinterpret the government’s zombie countermeasures as preparations for war. Establish quarantine zones. Distribute explosion-resistant protective equipment. Place the military on red alert. Begin limited scale military operations to combat zombie threats. Carry out combat operations against zombie populations within the United States that were “previously” U.S. citizens.

Phase 3 (Dominate): Lock down all military bases for 30 days. Shelter all essential government personnel for at least 40 days. Equip all government agents with military protective gear. Issue orders for military to kill all non-human life on sight. Initiate bomber and missile strikes against targeted sources of zombie infection, including the infrastructure. Burn all zombie corpses. Deploy military to lock down the beaches and waterways.

Phase 4 (Stabilize): Send out recon teams to check for remaining threats and survey the status of basic services (water, power, sewage infrastructure, air, and lines of communication). Execute a counter-zombie ISR plan to ID holdout pockets of zombie resistance. Use all military resources to target any remaining regions of zombie holdouts and influence. Continue all actions from the Dominate phase.

Phase 5 (Restore civil authority): Deploy military personnel to assist any surviving civil authorities in disaster zones. Reconstitute combat capabilities at various military bases. Prepare to redeploy military forces to attack surviving zombie holdouts. Restore basic services in disaster areas.

Notice the similarities?

Surveillance. Military drills. Awareness training. Militarized police forces. Martial law.

As I point out in my book, Battlefield America: The War on the American People, if there is any lesson to be learned, it is simply this: whether the threat to national security comes in the form of actual terrorists, imaginary zombies or disgruntled American citizens infected with dangerous ideas about freedom, the government’s response to such threats remains the same: detect, deter and annihilate.

To return to AMC’s Fear the Walking Dead: it’s the police state “tasked with protecting the vulnerable” that poses some of the gravest threats to the citizenry.

From the Atlantic:

When the military arrives, mowing down hostile “walkers” with ease, setting up camp to screen out any further infection, the moment is presented with an ironic note of triumph. The main character, Travis Manawa (Cliff Curtis), tells his group they can rest easy—help has finally arrived… As the soldiers begin hauling anyone spiking a fever away to quarantine zones, Travis insists their intentions are noble while the rest of his family begins to realize the military doesn’t really have a plan except to crush any potential threat. Are you a zombie? They’ll shoot you in the head. Do you look sick? You’re probably about to be a zombie. Do you have a problem with their approach? Then they have a problem with you, too.

One of the show’s most brilliant touches has been the characterization of the soldiers themselves, not as impassive robots hell-bent on enforcing martial law, but as worryingly recognizable guys around town. Whenever Travis pleads with his local commander to address community fears and complaints, he might as well be talking to an ornery bowling buddy. The soldiers are tetchy and irritable rather than monstrous, clearly overwhelmed by the impossible situation they face, and granted authority through the guns in their hands and little else. In a pivotal scene, one of them tries to cajole Travis into firing a killshot at a distant zombie through a sniper scope, even though he knows Travis believes there might be a cure. The soldiers insist the zombies are dead beyond salvation—an unfortunate truth on the show, but also a sad reflection of just how dehumanized the enemy can become in the midst of war.

The latest episode, “Cobalt,” revealed the military’s endgame: With the zombie situation deteriorating, they plan to flee and wipe out everyone they leave behind, at this point motivated only by the need to survive, rather than to protect. Countering that is the family unit that has forged new bonds in the crisis. These organically loyal communities, the writers Robert Kirkman and David Erickson argue, are the only kind that can survive in such a world… More than anything, Fear the Walking Dead is a drama about occupation, the breakdown of society, and the ease with which seemingly decent people can decide that might makes right. Like any dystopian fiction, it’s easy to dismiss as fantasy, but remove the zombies and Fear could be taking place in dozens of real-world locations… This is happening here, Kirkman and Erickson are saying, but it could happen anywhere.

Victory: Court Gives Green Light to Lawsuit over Activist Held at Gun Point by Police, Handcuffed and Arrested for Lawfully Carrying a Rifle During a Protest

Posted: October 22, 2015 in Uncategorized
Tags: arrest, Brandon Howard, first amendment, free speech, police, protest, Second Amendment, the rutherford institute

RICHMOND, Va. — A federal court has rejected an attempt by a Virginia police officer to dismiss a lawsuit filed by The Rutherford Institute on behalf of a man who was arrested as he was engaged in a First Amendment protest against President Obama while lawfully carrying a rifle.

The order entered in Brandon Howard v. John Hunter, allows the lawsuit to move forward.

Rutherford Institute attorneys assert that the police violated Howard’s First Amendment right to free speech, Second Amendment right to bear arms, and Fourth Amendment right to be free from a groundless arrest when they confronted him with guns drawn and ordered him to the ground on the unfounded belief that Howard was violating the law by being in public with a rifle slung over his shoulder, when in fact his possession and display of the rifle was wholly legal and did not make him subject to an arrest. Soon after the incident, the City of Hopewell Police Department admitted in writing that the incident involved a violation of department policy.

Click here to read The Rutherford Institute’s reply brief in Brandon Howard v. John Hunter .

“As this case shows, if you feel like you can’t walk away from a police encounter of your own volition—and more often than not you can’t, especially when you’re being confronted by someone armed to the hilt with all manner of militarized weaponry and gear—then for all intents and purposes, you’re under arrest from the moment a cop stops you,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Certainly, if you’ve been placed in handcuffs and transported to a police station against your will, that constitutes an arrest.”

On Monday, Aug. 26, 2013, Brandon Howard arrived at an overpass above Interstate 295 in the City of Hopewell, Va., and displayed a 6 foot by 4 foot sign that read “Impeach Obama.” Howard was carrying a DMTS Panther Arms AR-15 rifle slung over his shoulder on a strap, and a .380 caliber Bersa Thunder sidearm pistol in a belted holster on his waist. Howard lawfully owned each firearm and did not point or brandish them at any time while engaged in his First Amendment protest activity on the overpass. Howard displayed his protest sign for 30 minutes, but Howard did not directly engage with anyone.

At about 5:30 p.m., a police officer pulled up to the area, remained in his car and observed Howard. Thereafter, three to five additional police cruisers arrived at the scene with emergency lights engaged. Approximately eight officers exited these vehicles with their guns drawn and ordered Howard to drop his sign and get on the ground with his hands spread above his head. Howard complied with the officers’ orders.

Despite the fact that Howard at no time made any threatening action toward the officers or anyone else, one police officer allegedly asked Howard, “What do you think you are doing threatening people on my interstate?” Howard explained that he had not threatened anyone but was simply exercising his First and Second amendment rights. Howard was then handcuffed and transported to the police station, where he was left, handcuffed, in an interrogation room for 90 minutes, after which time he had his firearms returned and was released. A month later, the Deputy Chief of Police acknowledged in writing that an internal investigation had concluded that one of the officers violated department policy and would be disciplined and sent to remedial training. Attorney Raul Novo of Richmond, Va., is assisting The Rutherford Institute with the lawsuit.

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“Things Are Getting Scary: Global Police, Pre-crime and the War on Domestic ‘Extremists’” by John W. Whitehead

Posted: October 20, 2015 in Uncategorized
Tags: anti-government extremism, community policing, Constitution, domestic terrorist, first amendment, global police, ISIS, Leftwing Extremism, Martin Luther King Jr, NDAA, Rightwing Extremism, Strong Cities Network, United Nations, USA Patriot Act

Are you afraid that the government is plotting to confiscate your firearms?

Do you believe the economy is about to collapse and the government will soon declare martial law?

Do you display an unusual number of political and/or ideological bumper stickers on your car?

If you answered yes to any of the above questions, you may be an anti-government extremist (a.k.a. domestic terrorist) in the eyes of the police.

As such, you are now viewed as a greater threat to America than ISIS or al Qaeda.

Let that sink in a moment.

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 have just been promoted to the top of the government’s terrorism watch list.

I assure you I’m not making this stuff up.

Police agencies now believe the “main terrorist threat in the United States is not from violent Muslim extremists, but from right-wing extremists.”

A New York Times editorial backs up these findings:

Law enforcement agencies around the country are training their officers to recognize signs of anti-government extremism and to exercise caution during routine traffic stops, criminal investigations and other interactions with potential extremists. “The threat is real,” says the handout from one training program sponsored by the Department of Justice. Since 2000, the handout notes, 25 law enforcement officers have been killed by right-wing extremists, who share a “fear that government will confiscate firearms” and a “belief in the approaching collapse of government and the economy.”

So what is the government doing about these so-called terrorists?

The government is going to war.

Again.

Only this time, it has declared war against so-called American “extremists.”

After decades spent waging costly, deadly and ineffective military campaigns overseas in pursuit of elusive ISIS and al Qaeda operatives and terror cells (including the recent “accidental” bombing of a Doctors Without Borders hospital in Afghanistan that left 22 patients and medical staff dead), the Obama administration has announced a campaign to focus its terror-fighting forces inwards.

Under the guise of fighting violent extremism “in all of its forms and manifestations” in cities and communities across the world, the Obama administration has agreed to partner with the United Nations to take part in its Strong Cities Network program. Funded by the State Department through 2016, after which “charities are expected to take over funding,” the cities included in the global network include New York City, Atlanta, Denver, Minneapolis, Paris, London, Montreal, Beirut and Oslo.

Working with the UN, the federal government will train local police agencies across America in how to identify, fight and prevent extremism, as well as address intolerance within their communities, using all of the resources at their disposal.

What this program is really all about, however, is community policing on a global scale.

Community policing, which relies on a “broken windows” theory of policing, calls for police to engage with the community in order to prevent local crime by interrupting or preventing minor offenses before they could snowball into bigger, more serious and perhaps violent crime. The problem with the broken windows approach is that it has led to zero tolerance policing and stop-and-frisk practices among other harsh police tactics.

When applied to the Strong Cities Network program, the objective is ostensibly to prevent violent extremism by targeting its source: racism, bigotry, hatred, intolerance, etc.

In other words, police—acting ostensibly as extensions of the United Nations—will identify, monitor and deter individuals who exhibit, express or engage in anything that could be construed as extremist.

Consider how Attorney General Loretta Lynch describes the initiative:

As residents and experts in their communities, local leaders are often best positioned to pinpoint sources of unrest and discord; best equipped to identify signs of potential danger; and best able to recognize and accommodate community cultures, traditions, sensitivities, and customs. By creating a series of partnerships that draws on the knowledge and expertise of our local officials, we can create a more effective response to this virulent threat.

Translation: U.S. police agencies are embarking on an effort to identify and manage potential extremist “threats,” violent or otherwise, before they can become actual threats. (If you want a foretaste of how “extreme” things could get in the U.S.: new anti-terrorism measures in the U.K. require that extremists be treated like pedophiles and banned from working with youngsters and vulnerable people.)

The government’s war on extremists, of which the Strong Cities program is a part, is being sold to Americans in much the same way that the USA Patriot Act was sold to Americans: as a means of combatting terrorists who seek to destroy America.

For instance, making the case for the government’s war on domestic extremism, the Obama administration has suggested that it may require greater legal powers to combat violent attacks by lone wolves (such as “people motivated by racial and religious hatred and anti-government views” who “communicate their hatred over the Internet and through social media”).

Enter the government’s newest employee: a domestic terrorism czar.

However, as we now know, the USA Patriot Act was used as a front to advance the surveillance state, allowing the government to establish a far-reaching domestic spying program that has turned every American citizen into a criminal suspect.

Similarly, the concern with the government’s anti-extremism program is that it will, in many cases, be utilized to render otherwise lawful, nonviolent activities as potentially extremist.

Keep in mind that the government agencies involved in ferreting out American “extremists” will carry out their objectives—to identify and deter potential extremists—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).

This is pre-crime on an ideological scale and it’s been a long time coming.

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

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

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

These reports indicate that for the government, anyone seen as opposing the government—whether they’re Left, Right or somewhere in between—can be labeled an extremist.

Fast forward a few years, and you have the National Defense Authorization Act (NDAA), which President Obama has continually re-upped, that allows the military to take you out of your home, lock you up with no access to friends, family or the courts if you’re seen as an extremist.

Now connect the dots, from the 2009 Extremism reports to the NDAA and the UN’s Strong Cities Network with its globalized police forces, the National Security Agency’s far-reaching surveillance networks, and fusion centers that collect and share surveillance data between local, state and federal police agencies.

Add in tens of thousands of armed, surveillance drones that will soon blanket American skies, facial recognition technology that will identify and track you wherever you go and whatever you do. And then to complete the circle, toss in the real-time crime centers being deployed in cities across the country, which will be attempting to “predict” crimes and identify criminals before they happen based on widespread surveillance, complex mathematical algorithms and prognostication programs.

Hopefully you’re getting the picture, which is how easy it is for the government to identify, label and target individuals as “extremist.”

We’re living in a scary world.

Unless we can put the brakes on this dramatic expansion and globalization of the government’s powers, we’re not going to recognize this country 20 years from now.

Frankly, as I make clear in my book Battlefield America: The War on the American People, the landscape has already shifted dramatically from what it was like 10 or 20 years ago. It’s taken less than a generation for our freedoms to be eroded and the police state structure to be erected, expanded and entrenched.

Rest assured that the government will not save us from the chains of the police state. The UN’s Strong Cities Network program will not save us. The next occupant of the White House will not save us. For that matter, anarchy and violent revolution will not save us.

If there is to be any hope of freeing ourselves, it rests—as it always has—at the local level, with you and your fellow citizens taking part in grassroots activism, which takes a trickle-up approach to governmental reform by implementing change at the local level.

Attend local city council meetings, speak up at town hall meetings, organize protests and letter-writing campaigns, employ “militant nonviolent resistance” and civil disobedience, which Martin Luther King Jr. used to great effect through the use of sit-ins, boycotts and marches.

And then, while you’re at it, urge your local governments to nullify everything the federal government does that is illegitimate, egregious or blatantly unconstitutional.

If this sounds anti-government or extremist, perhaps it is, in much the same way that King himself was considered anti-government and extremist. Recognizing that “freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed,” King’s tactics—while nonviolent—were extreme by the standards of his day.

As King noted in his 1963 “Letter from Birmingham City Jail”:

[A]s I continued to think about the matter I gradually gained a bit of satisfaction from being considered an extremist. Was not Jesus an extremist in love—“Love your enemies, bless them that curse you, pray for them that despitefully use you.” Was not Abraham Lincoln an extremist—“This nation cannot survive half slave and half free.” Was not Thomas Jefferson an extremist—“We hold these truths to be self-evident, that all men are created equal.” So the question is not whether we will be extremist but what kind of extremist will we be. Will we be extremists for hate or will we be extremists for love?

So how do you not only push back against the police state’s bureaucracy, corruption and cruelty but also launch a counterrevolution aimed at reclaiming control over the government using nonviolent means?

Take a cue from King.

Rutherford Institute Urges Alabama Sheriff’s Office to Resume Lawful Display of ‘Blessed Are the Peacemakers’ Decals on Police Vehicles, Offers Assistance

Posted: October 6, 2015 in Uncategorized

HOUSTON COUNTY, Ala. — Attorneys for The Rutherford Institute are urging the Houston County Sheriff’s Office to reconsider its decision to remove “Blessed Are the Peacemakers” decals from police department vehicles. Sheriff Valenza removed the decals after being threatened with lawsuits and accused of violating the Establishment Clause’s so-called “separation of church and state.” In coming to the sheriff’s defense, constitutional attorney John W. Whitehead pointed out that groups which operate on a strictly separatist notion that any reference to religion must be purged from public life are misguided in their understanding of the First Amendment’s protections for free speech and religious expression. The Rutherford Institute has also offered the Sheriff’s Department assistance in defending against any challenges that might arise from resuming their lawful display of what Whitehead describes as “a universal message of peace” on government vehicles.

“At a time when public trust in law enforcement is eroding due to repeated reports of excessive use of force against unarmed citizens, the message of peace conveyed by the ‘Blessed are the peacemakers’ decal is a welcome and timely reminder that law enforcement officers are first and foremost peace officers and that this particular police agency is dedicated to preserving the peace,” said John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Indeed, this message of peace is not exclusive to the Christian religion. Nor is the sentiment exclusively religious. In fact, the words of the decal convey a universal sentiment that has been echoed repeatedly by other leaders, religious, secular and otherwise, including the Dalai Lama, Gandhi, John Lennon, Martin Luther King Jr., and Albert Einstein, to name a few.”

In early July 2015, square-shaped decals were affixed to the back of Houston County Sheriff’s Office vehicles depicting a badge and proclaiming “Blessed are the peacemakers” with Matthew 5:9 referenced below the badge. The sheriff’s office was subsequently contacted by two organizations, Americans United for Separation of Church and State and the Freedom from Religion Foundation, which reportedly threatened lawsuits over the display of the “Peacemakers” decals, insisting that they violate the so-called “separation of church and state.” Warned that if the county did not remove the decals, it would have to pay for any legal expenses incurred from a lawsuit on its own, Sheriff Donald Valenza opted to remove the decals, which cost $1.60 each. In urging the Sheriff to reconsider his decision and offering the organization’s assistance, The Rutherford Institute provided a legal analysis supporting the view that the decals serve a clear secular purpose—to reinforce the sheriff’s department’s commitment to peaceful enforcement of the law—and are as legally defensible as nonsectarian prayers at legislative meetings, Ten Commandments monuments on public property, and the inscription of “In God We Trust” on U.S. currency.

LEGAL ACTION

Click here to read The Rutherford Institute’s letter to the Houston County Sheriff’s Office

‘Neutralizing’ John Lennon: One Man Against the ‘Monster’ by John W. Whitehead

Posted: October 5, 2015 in Uncategorized
Tags: Chelsea Manning, Edward Snowden, FBI, Hoover, John F. Kennedy, John LEnnon, John Sinclair, Lenny Bruce, Mark David Chapman, Martin Luther King Jr, nsa, Yoko Ono

“You gotta remember, establishment, it’s just a name for evil. The monster doesn’t care whether it kills all the students or whether there’s a revolution. It’s not thinking logically, it’s out of control.”—John Lennon (1969)

John Lennon, born 75 years ago on October 9, 1940, was a musical genius and pop cultural icon.

He was also a vocal peace protester and anti-war activist and a high-profile example of the lengths to which the U.S. government will go to persecute those who dare to challenge its authority.

Long before Chelsea Manning and Edward Snowden were being castigated for blowing the whistle on the government’s war crimes and the National Security Agency’s abuse of its surveillance powers, it was Lennon who was being singled out for daring to speak truth to power about the government’s warmongering, his phone calls monitored and data files collected on his activities and associations.

For a little while, at least, Lennon became enemy number one in the eyes of the U.S. government.

Years after Lennon’s assassination it would be revealed that the FBI had collected 281 pages of files on him, including song lyrics, a letter from J. Edgar Hoover directing the agency to spy on the musician, and various written orders calling on government agents to set the stage to set Lennon up for a drug bust. As reporter Jonathan Curiel observes, “The FBI’s files on Lennon … read like the writings of a paranoid goody-two-shoes.”

As the New York Times notes, “Critics of today’s domestic surveillance object largely on privacy grounds. They have focused far less on how easily government surveillance can become an instrument for the people in power to try to hold on to power. ‘The U.S. vs. John Lennon’ … is the story not only of one man being harassed, but of a democracy being undermined.”

Indeed, as I point out in my book Battlefield America: The War on the American People, all of the many complaints we have about government today—surveillance, militarism, corruption, harassment, SWAT team raids, political persecution, spying, overcriminalization, etc.—were present in Lennon’s day and formed the basis of his call for social justice, peace and a populist revolution.

For all of these reasons, the U.S. government was obsessed with Lennon, who had learned early on that rock music could serve a political end by proclaiming a radical message. More importantly, Lennon saw that his music could mobilize the public and help to bring about change. Lennon believed in the power of the people. Unfortunately, as Lennon recognized: “The trouble with government as it is, is that it doesn’t represent the people. It controls them.”

However, as Martin Lewis writing for Time notes: “John Lennon was not God. But he earned the love and admiration of his generation by creating a huge body of work that inspired and led. The appreciation for him deepened because he then instinctively decided to use his celebrity as a bully pulpit for causes greater than his own enrichment or self-aggrandizement.”

For instance, in December 1971 at a concert in Ann Arbor, Mich., Lennon took to the stage and in his usual confrontational style belted out “John Sinclair,” a song he had written about a man sentenced to 10 years in prison for possessing two marijuana cigarettes. Within days of Lennon’s call for action, the Michigan Supreme Court ordered Sinclair released.

What Lennon did not know at the time was that government officials had been keeping strict tabs on the ex-Beatle they referred to as “Mr. Lennon.” FBI agents were in the audience at the Ann Arbor concert, “taking notes on everything from the attendance (15,000) to the artistic merits of his new song.”

The U.S. government was spying on Lennon.

By March 1971, when his “Power to the People” single was released, it was clear where Lennon stood. Having moved to New York City that same year, Lennon was ready to participate in political activism against the U. S. government, the “monster” that was financing the war in Vietnam.

The release of Lennon’s Sometime in New York City album, which contained a radical anti-government message in virtually every song and depicted President Richard Nixon and Chinese Chairman Mao Tse-tung dancing together nude on the cover, only fanned the flames of the conflict to come.

The official U.S. war against Lennon began in earnest in 1972 after rumors surfaced that Lennon planned to embark on a U.S. concert tour that would combine rock music with antiwar organizing and voter registration. Nixon, fearing Lennon’s influence on about 11 million new voters (1972 was the first year that 18-year-olds could vote), had the ex-Beatle served with deportation orders “in an effort to silence him as a voice of the peace movement.”

Then again, the FBI has had a long history of persecuting, prosecuting and generally harassing activists, politicians, and cultural figures, most notably among the latter such celebrated names as folk singer Pete Seeger, painter Pablo Picasso, comic actor and filmmaker Charlie Chaplin, comedian Lenny Bruce and poet Allen Ginsberg.

Among those most closely watched by the FBI was Martin Luther King Jr., a man labeled by the FBI as “the most dangerous and effective Negro leader in the country.” With wiretaps and electronic bugs planted in his home and office, King was kept under constant surveillance by the FBI with the aim of “neutralizing” him. He even received letters written by FBI agents suggesting that he either commit suicide or the details of his private life would be revealed to the public. The FBI kept up its pursuit of King until he was felled by a hollow-point bullet to the head in 1968.

While Lennon was not—as far as we know—being blackmailed into suicide, he was the subject of a four-year campaign of surveillance and harassment by the U.S. government (spearheaded by FBI Director J. Edgar Hoover), an attempt by President Richard Nixon to have him “neutralized” and deported. As Adam Cohen of the New York Times points out, “The F.B.I.’s surveillance of Lennon is a reminder of how easily domestic spying can become unmoored from any legitimate law enforcement purpose. What is more surprising, and ultimately more unsettling, is the degree to which the surveillance turns out to have been intertwined with electoral politics.”

As Lennon’s FBI file shows, memos and reports about the FBI’s surveillance of the anti-war activist had been flying back and forth between Hoover, the Nixon White House, various senators, the FBI and the U.S. Immigration Office.

Nixon’s pursuit of Lennon was relentless and in large part based on the misperception that Lennon and his comrades were planning to disrupt the 1972 Republican National Convention. The government’s paranoia, however, was misplaced.

Left-wing activists who were on government watch lists and who shared an interest in bringing down the Nixon Administration had been congregating at Lennon’s New York apartment. But when they revealed that they were planning to cause a riot, Lennon balked. As he recounted in a 1980 interview, “We said, We ain’t buying this. We’re not going to draw children into a situation to create violence so you can overthrow what? And replace it with what? . . . It was all based on this illusion, that you can create violence and overthrow what is, and get communism or get some right-wing lunatic or a left-wing lunatic. They’re all lunatics.”

Despite the fact that Lennon was not part of the “lunatic” plot, the government persisted in its efforts to have him deported. Equally determined to resist, Lennon dug in and fought back. Every time he was ordered out of the country, his lawyers delayed the process by filing an appeal. Finally, in 1976, Lennon won the battle to stay in the country when he was granted a green card. As he said afterwards, “I have a love for this country…. This is where the action is. I think we’ll just go home, open a tea bag, and look at each other.”

Lennon’s time of repose didn’t last long, however. By 1980, he had re-emerged with a new album and plans to become politically active again.

The old radical was back and ready to cause trouble. In his final interview on Dec. 8, 1980, Lennon mused, “The whole map’s changed and we’re going into an unknown future, but we’re still all here, and while there’s life there’s hope.”

That very night, when Lennon returned to his New York apartment building, Mark David Chapman was waiting in the shadows. As Lennon stepped outside the car to greet the fans congregating outside, Chapman, in an eerie echo of the FBI’s moniker for Lennon, called out, “Mr. Lennon!”

Lennon turned and was met with a barrage of gunfire as Chapman—dropping into a two-handed combat stance—emptied his .38-caliber pistol and pumped four hollow-point bullets into his back and left arm. Lennon stumbled, staggered forward and, with blood pouring from his mouth and chest, collapsed to the ground.

John Lennon was pronounced dead on arrival at the hospital. He had finally been “neutralized.”

Yet where those who neutralized the likes of John Lennon, Martin Luther King Jr., John F. Kennedy, Malcolm X, Robert Kennedy and others go wrong is in believing that you can murder a movement with a bullet and a madman.

Thankfully, Lennon’s legacy lives on in his words, his music and his efforts to speak truth to power. As Yoko Ono shared in a 2014 letter to the parole board tasked with determining whether Chapman should be released: “A man of humble origin, [John Lennon] brought light and hope to the whole world with his words and music. He tried to be a good power for the world, and he was. He gave encouragement, inspiration and dreams to people regardless of their race, creed and gender.”

Sadly, not much has changed for the better in the world since Lennon walked among us. Peace remains out of reach. Activism and whistleblowers continue to be prosecuted for challenging the government’s authority. Militarism is on the rise, with police acquiring armed drones, all the while the governmental war machine continues to wreak havoc on innocent lives. Just recently, for example, U.S. military forces carried out airstrikes in Afghanistan that left a Doctors without Borders hospital in ruins, killing several of its medical personnel and patients, including children.

For those of us who joined with John Lennon to imagine a world of peace, it’s getting harder to reconcile that dream with the reality of the American police state. For those who do dare to speak up, they are labeled dissidents, troublemakers, terrorists, lunatics, or mentally ill and tagged for surveillance, censorship or, worse, involuntary detention.

As Lennon shared in a 1968 interview:

“I think all our society is run by insane people for insane objectives… I think we’re being run by maniacs for maniacal means. If anybody can put on paper what our government and the American government and the Russian… Chinese… what they are actually trying to do, and what they think they’re doing, I’d be very pleased to know what they think they’re doing. I think they’re all insane. But I’m liable to be put away as insane for expressing that. That’s what’s insane about it.”

So what’s the answer?

Lennon had a multitude of suggestions.

“If everyone demanded peace instead of another television set, then there’d be peace.”

“Produce your own dream. If you want to save Peru, go save Peru. It’s quite possible to do anything, but not to put it on the leaders….You have to do it yourself. That’s what the great masters and mistresses have been saying ever since time began. They can point the way, leave signposts and little instructions in various books that are now called holy and worshipped for the cover of the book and not for what it says, but the instructions are all there for all to see, have always been and always will be. There’s nothing new under the sun. All the roads lead to Rome. And people cannot provide it for you. I can’t wake you up. You can wake you up. I can’t cure you. You can cure you.”

“Life is very short, and there’s no time for fussing and fighting my friends.”

“Peace is not something you wish for; It’s something you make, Something you do, Something you are, And something you give away.”

“If you want peace, you won’t get it with violence.”

“Say you want a revolution / We better get on right away / Well you get on your feet / And out on the street / Singing power to the people.”

And my favorite advice of all: “All you need is love. Love is all you need.”

“The Crisis of the Now: Distracted and Diverted from the Ever-Encroaching Police State” by John W. Whitehead

Posted: September 22, 2015 in Uncategorized
Tags: behavioral science, entertainment news, Hillary Clinton, media, news coverage, news cycles, police, police state, presidential candidates, private prisons, surveillance, trivia

“When a population becomes distracted by trivia, when cultural life is redefined as a perpetual round of entertainments, when serious public conversation becomes a form of baby talk, when, in short, a people become an audience and their public business a vaudeville act, then a nation finds itself at risk: culture-death is a clear possibility.”—Author Neil Postman

Caught up in the spectacle of the forthcoming 2016 presidential elections, Americans (never very good when it comes to long-term memory) have not only largely forgotten last year’s hullabaloo over militarized police, police shootings of unarmed citizens, asset forfeiture schemes, and government surveillance but are also generally foggy about everything that has happened since.

Then again, so much is happening on a daily basis that it’s understandable if the average American has a hard time keeping up with and remembering all of the “events,” manufactured or otherwise, which occur like clockwork and keep us distracted, deluded, amused, and insulated from reality while the government continues to amass more power and authority over the citizenry.

In fact, when we’re being bombarded with wall-to-wall news coverage and news cycles that change every few days, it’s difficult to stay focused on one thing—namely, holding the government accountable to abiding by the rule of law—and the powers-that-be understand this. As investigative journalist Mike Adams points out:

This psychological bombardment is waged primarily via the mainstream media which assaults the viewer by the hour with images of violence, war, emotions and conflict. Because the human nervous system is hard wired to focus on immediate threats accompanied by depictions of violence, mainstream media viewers have their attention and mental resources funneled into the never-ending ‘crisis of the NOW’ from which they can never have the mental breathing room to apply logic, reason or historical context.

Consider if you will the regularly scheduled trivia and/or distractions in the past year alone that have kept us tuned into the various breaking news headlines and entertainment spectacles and tuned out to the government’s steady encroachments on our freedoms:

Americans were riveted when the Republican presidential contenders went head-to-head for the second time in a three-hour debate that put Carly Fiorina in a favored position behind Donald Trump; Hillary Clinton presented the softer side of her campaign image during an appearance on The Tonight Show with Jimmy Fallon; scientists announced the discovery of what they believed to be a new pre-human species, Homo naledi, that existed 2.8 million years ago; an 8.3 magnitude earthquake hit Chile; massive wildfires burned through 73,000 acres in California; a district court judge reversed NFL player Tom Brady’s four-game suspension; tennis superstar Serena Williams lost her chance at a calendar grand slam; and President Obama and Facebook mogul Mark Zuckerberg tweeted their support for a Texas student arrested for bringing a homemade clock to school.

That was preceded by the first round of the Republican presidential debates; an immigration crisis in Europe; the relaxing of Cuba-U.S. relations; the first two women soldiers graduating from Army Ranger course; and three Americans being hailed as heroes for thwarting a train attack in France. Before that, there was the removal of the Confederate flag from the South Carolina statehouse; shootings at a military recruiting center in Tennessee and a movie theater in Louisiana; the Boy Scouts’ decision to end its ban on gay adult leaders; the first images sent by the New Horizons spacecraft of Pluto; and the victory over Japan of the U.S. in the Women’s World Cup soccer finals.

No less traumatic and distracting were the preceding months’ newsworthy events, which included a shooting at a Charleston, S.C., church; the trial and sentencing of Boston Marathon bomber suspect Dzhokhar Tsarnaev; the U.S. Supreme Court’s affirmation of same-sex marriage, Obamacare, lethal injection drugs and government censorship of Confederate flag license plates; and an Amtrak train crash in Philadelphia that left more than 200 injured and eight dead.

Also included in the mix of distressing news coverage was the death of 25-year-old Freddie Gray while in police custody and the subsequent riots in Baltimore and city-wide lockdown; the damning report by the Dept. of Justice into discriminatory and abusive practices by the Ferguson police department; the ongoing saga of Hillary Clinton’s use of a private email account while serving as secretary of state; the apparently deliberate crash by a copilot of a German jetliner in the French Alps, killing all 150 passengers and crew; the New England Patriots’ fourth Super Bowl win; a measles outbreak in Disneyland; the escalating tensions between New York police and Mayor Bill de Blasio over his seeming support for anti-police protesters; and a terror attack at the Paris office of satire magazine Charlie Hebdo.

Rounding out the year’s worth of headline-worthy new stories were protests over grand jury refusals to charge police for the deaths of Eric Garner and Michael Brown; the disappearance of an AirAsia flight over the Java Sea; an Ebola outbreak that results in several victims being transported to the U.S. for treatment; reports of domestic violence among NFL players; a security breach at the White House in which a man managed to jump the fence, cross the lawn and enter the main residence; and the reported beheading of American journalist Steven Sotloff by ISIS.

That doesn’t even begin to touch on the spate of entertainment news that tends to win the battle for Americans’ attention: Bruce Jenner’s transgender transformation to Caitlyn Jenner; the death of Whitney Houston’s daughter Bobbi Kristina Brown; Kim Kardashian’s “break the internet” nude derriere photo; sexual assault allegations against Bill Cosby; the suicide of Robin Williams; the cancellation of the comedy The Interview in movie theaters after alleged terror hack threats; the wedding of George Clooney to Amal Alamuddin; the wedding of Angelina Jolie and Brad Pitt; the ALS ice bucket challenge; and the birth of a baby girl to Prince William and Kate.

As I point out in my book Battlefield America: The War on the American People, these sleight-of-hand distractions, diversions and news spectacles are how the corporate elite controls a population by entrapping them in the “crisis of the NOW,” either inadvertently or intentionally, advancing their agenda without much opposition from the citizenry.

Professor Jacques Ellul studied this phenomenon of overwhelming news, short memories and the use of propaganda to advance hidden agendas. “One thought drives away another; old facts are chased by new ones,” wrote Ellul.

“Under these conditions there can be no thought. And, in fact, modern man does not think about current problems; he feels them. He reacts, but he does not understand them any more than he takes responsibility for them. He is even less capable of spotting any inconsistency between successive facts; man’s capacity to forget is unlimited. This is one of the most important and useful points for the propagandists, who can always be sure that a particular propaganda theme, statement, or event will be forgotten within a few weeks.”

But what exactly has the government (aided and abetted by the mainstream media) been doing while we’ve been so cooperatively fixated on whatever current sensation happens to be monopolizing the so-called “news” shows?

If properly disclosed, consistently reported on and properly digested by the citizenry, the sheer volume of the government’s activities, which undermine the Constitution and in many instances are outright illegal, would inevitably give rise to a sea change in how business is conducted in our seats of power.

Surely Americans would be concerned about the Obama administration’s plans to use behavioral science tactics to “nudge” citizens to comply with the government’s public policy and program initiatives? There would be no end to the uproar if Americans understood the ramifications of the government’s plan to train non-medical personnel—teachers, counselors and other lay people—in “mental first aid” in order to train them to screen, identify and report individuals suspected of suffering from mental illness. The problem, of course, arises when these very same mental health screeners misdiagnose opinions or behavior involving lawful First Amendment activities as a mental illness, resulting in involuntary detentions in psychiatric wards for the unfortunate victims.

Parents would be livid if they had any inkling about the school-to-prison pipeline, namely, how the public schools are being transformed from institutions of learning to prison-like factories, complete with armed police and surveillance cameras, aimed at churning out compliant test-takers rather than independent-minded citizens. And once those same young people reach college, they will be indoctrinated into believing that they have a “right” to be free from acts and expressions of intolerance with which they might disagree.

Concerned citizens should be up in arms over the government’s end-run tactics to avoid abiding by the rule of law, whether by outsourcing illegal surveillance activities to defense contractors, outsourcing inhumane torture to foreign countries, causing American citizens to disappear into secret interrogation facilities, or establishing policies that would allow the military to indefinitely detain any citizen—including journalists—considered a belligerent or enemy.

And one would hope American citizens would be incensed about being treated like prisoners in an electronic concentration camp, their every movement monitored, tracked and recorded by a growing government surveillance network that runs the gamut from traffic cameras and police body cameras to facial recognition software. Or outraged that we will be forced to fund a $93 billion drone industry that will be used to spy on our movements and activities, not to mention the fact that private prisons are getting rich (on our taxpayer dollars) by locking up infants, toddlers, children and pregnant women?

Unfortunately, while 71% of American voters are “dissatisfied” with the way things are going in the United States, that discontent has yet to bring about any significant changes in the government, nor has it caused the citizenry to get any more involved in their government beyond the ritualistic election day vote.

Professor Morris Berman suggests that the problems plaguing us as a nation—particularly as they relate to the government—have less to do with our inattention to corruption than our sanctioning, tacit or not, of such activities. “It seems to me,” writes Berman, “that the people do get the government they deserve, and even beyond that, the government who they are, so to speak.”

In other words, if we end up with a militarized police state, it will largely be because we welcomed it with open arms. In fact, according to a recent poll, almost a third of Americans would support a military coup “to take control from a civilian government which is beginning to violate the constitution.”

So where does that leave us?

As legendary television journalist Edward R. Murrow warned, “Unless we get up off our fat surpluses and recognize that television in the main is being used to distract, delude, amuse, and insulate us, then television and those who finance it, those who look at it, and those who work at it, may see a totally different picture too late.”

In Recognition of Constitution Day, Rutherford Institute Challenges All Americans—Including Presidential Hopefuls—to Learn the Bill of Rights

Posted: September 17, 2015 in Uncategorized

CHARLOTTESVILLE, Va. — In recognition of Constitution Day, Sept. 17, the anniversary of the signing of the U.S. Constitution, The Rutherford Institute is calling on all Americans to read the document that one historian described as “the owners’ manual to the greatest form of government the world has ever known.” Institute president John W. Whitehead is also challenging all of the presidential candidates to take a test in order to qualify for office proving that they have a working knowledge of the Constitution and the Bill of Rights.

“Thomas Jefferson once said that ‘eternal vigilance is the price of liberty.’ That vigilance must begin with an understanding of the rights enshrined in our Constitution—especially the Bill of Rights,” stated constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield American: The War on the American People. “Only by understanding what our rights are can we hope to safeguard them for future generations. All Americans, from the smallest student right up to the president of the United States of America (including president hopefuls), need to read the Constitution at least once in their lives. Government leaders should read it at least once a year.”

Surveys illustrate the need to better educate the public about their constitutional rights. For example, one survey that was commissioned by the John S. and James L. Knight Foundation found that nearly three-fourths of high school students either do not know how they feel about the First Amendment or admit they take it for granted. Another survey commissioned by the First Amendment Center reported that when asked to name specific rights guaranteed by the First Amendment, only 20% of those surveyed named freedom of religion, while 16% named freedom of the press. A survey by the McCormick Tribune Freedom Museum found that fewer than one percent of adults could identify the five rights protected by the First Amendment (freedom of religion, speech, the press, assembly and the right to petition the government). Although half could name none of the freedoms in the First Amendment, a majority (54%) could name at least one of the three judges on the TV program American Idol, 41% could name two, and one-fourth could name all three. Moreover, 21% said the “right to own a pet” was listed someplace between “Congress shall make no law” and “redress of grievances.” Some 17% said that the First Amendment contained the “right to drive a car,” and 38% believed that “taking the Fifth” was part of the First Amendment.

According to the Harris Poll, fewer than half of Americans can correctly identify the meaning of separation of powers; more than one in five identified the three branches of government as Republican, Democrat and Independent; and nearly 30 percent said they believe the judicial branch advises the president and Congress about the legality of an action before they take it. Yet as Whitehead pointed out in congressional testimony, “The Constitution provides us with the blueprint for maintaining a balanced republic, and it must always be the starting point. Each of us, from public officials to citizens, has an affirmative duty to hold our government accountable. In the end, it is still ‘we the people’ who hold the ultimate power, and with it the concomitant responsibility, to maintain our freedoms.”

John W. Whitehead, Constitutional Attorney

Whitehead’s NEW Book: Battlefield America

A Government of Wolves

John W. Whitehead

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