Posts Tagged ‘barack obama’

“What happened here was the gradual habituation of the people, little by little, to being governed by surprise; to receiving decisions deliberated in secret; to believing that the situation was so complicated that the government had to act on information which the people could not understand, or so dangerous that, even if the people could understand it, it could not be released because of national security… This separation of government from people, this widening of the gap, took place so gradually and so insensibly, each step disguised (perhaps not even intentionally) as a temporary emergency measure or associated with true patriotic allegiance or with real social purposes. And all the crises and reforms (real reforms, too) so occupied the people that they did not see the slow motion underneath, of the whole process of government growing remoter and remoter.”—Historian Milton Mayer, They Thought They Were Free: The Germans, 1933-45

Brace yourself.

There is something being concocted in the dens of power, far beyond the public eye, and it doesn’t bode well for the future of this country.

Anytime you have an entire nation so mesmerized by the antics of the political ruling class that they are oblivious to all else, you’d better beware. Anytime you have a government that operates in the shadows, speaks in a language of force, and rules by fiat, you’d better beware. And anytime you have a government so far removed from its people as to ensure that they are never seen, heard or heeded by those elected to represent them, you’d better beware.

The world has been down this road before.

As historian Milton Mayer recounts in his seminal book on Hitler’s rise to power, They Thought They Were Free, “Most of us did not want to think about fundamental things and never had. There was no need to. Nazism gave us some dreadful, fundamental things to think about—we were decent people‑—and kept us so busy with continuous changes and ‘crises’ and so fascinated, yes, fascinated, by the machinations of the ‘national enemies’, without and within, that we had no time to think about these dreadful things that were growing, little by little, all around us.”

We are at our most vulnerable right now.

The gravest threat facing us as a nation is not extremism—delivered by way of sovereign citizens or radicalized Muslims—but despotism, exercised by a ruling class whose only allegiance is to power and money.

Nero fiddled while Rome burned.

America is burning, and all most Americans can do is switch the channel, tune out what they don’t want to hear, and tune into their own personal echo chambers.

We’re in a national state of denial.

Yet no amount of escapism can shield us from the harsh reality that the danger in our midst is posed by an entrenched government bureaucracy that has no regard for the Constitution, Congress, the courts or the citizenry.

If the team colors have changed from blue to red, that’s just cosmetic.

The playbook remains the same. The leopard has not changed its spots.

Scrape off the surface layers and you will find that the American police state is alive and well and continuing to wreak havoc on the rights of the American people.

“We the people” are no longer living the American Dream.

We’re living the American Lie.

Indeed, Americans have been lied to so sincerely, so incessantly, and for so long by politicians of all stripes—who lie compulsively and without any seeming remorse—that they’ve almost come to prefer the lies trotted out by those in government over less-palatable truths.

The American people have become compulsive believers.

As Nick Cohen writes for The Guardian, “Compulsive liars shouldn’t frighten you. They can harm no one, if no one listens to them. Compulsive believers, on the other hand: they should terrify you. Believers are the liars’ enablers. Their votes give the demagogue his power. Their trust turns the charlatan into the president. Their credulity ensures that the propaganda of half-calculating and half-mad fanatics has the power to change the world.”

While telling the truth “in a time of universal deceit is,” as George Orwell concluded, “a revolutionary act,” believing the truth—and being able to distinguish the truth from a lie—is also a revolutionary act.

Here’s a truth few Americans want to acknowledge: nothing has changed (at least, not for the better) since Barack Obama passed the reins of the police state to Donald Trump.

The police state is still winning. We the people are still losing.

In fact, the American police state has continued to advance at the same costly, intrusive, privacy-sapping, Constitution-defying, relentless pace under President Trump as it did under President Obama.

Police haven’t stopped disregarding the rights of citizens. Having been given the green light to probe, poke, pinch, taser, search, seize, strip, shoot and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts, America’s law enforcement officials are no longer mere servants of the people entrusted with keeping the peace. Indeed, they continue to keep the masses corralled, under control, and treated like suspects and enemies rather than citizens.

SWAT teams haven’t stopped crashing through doors and terrorizing families. Nationwide, SWAT teams continue to be employed to address an astonishingly trivial array of criminal activities or mere community nuisances including angry dogs, domestic disputes, improper paperwork filed by an orchid farmer, and misdemeanor marijuana possession. With more than 80,000 SWAT team raids carried out every year on unsuspecting Americans for relatively routine police matters and federal agencies laying claim to their own law enforcement divisions, the incidence of botched raids and related casualties continue to rise.

The Pentagon and the Department of Homeland Security haven’t stopped militarizing and federalizing local police. Police forces continue to be transformed into 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. In training police to look and act like the military and use the weapons and tactics of war against American citizens, the government continues to turn the United States into a battlefield.

Schools haven’t stopped treating young people like hard-core prisoners. School districts continue to team up with law enforcement to create a “schoolhouse to jailhouse track” by imposing a “double dose” of punishment for childish infractions: suspension or expulsion from school, accompanied by an arrest by the police and a trip to juvenile court. In this way, the paradigm of abject compliance to the state continues to be taught by example in the schools, through school lockdowns where police and drug-sniffing dogs enter the classroom, and zero tolerance policies that punish all offenses equally and result in young people being expelled for childish behavior.

For-profit private prisons haven’t stopped locking up Americans and immigrants alike at taxpayer expense. States continue to outsource prison management to private corporations out to make a profit at taxpayer expense. And how do you make a profit in the prison industry? Have the legislatures pass laws that impose harsh penalties for the slightest noncompliance in order keep the prison cells full and corporate investors happy.

Censorship hasn’t stopped. First Amendment activities continue to be pummeled, punched, kicked, choked, chained and generally gagged all across the country. The reasons for such censorship vary widely from political correctness, safety concerns and bullying to national security and hate crimes but the end result remained the same: the complete eradication of what Benjamin Franklin referred to as the “principal pillar of a free government.”

The courts haven’t stopped marching in lockstep with the police state. The courts continue to be dominated by technicians and statists who are deferential to authority, whether government or business. Indeed, the Supreme Court’s decisions in recent years have most often been characterized by an abject deference to government authority, military and corporate interests. They have run the gamut from suppressing free speech activities and justifying suspicionless strip searches to warrantless home invasions and conferring constitutional rights on corporations, while denying them to citizens.

Government bureaucrats haven’t stopped turning American citizens into criminals. The average American now unknowingly commits three felonies a day, thanks to an overabundance of vague laws that render otherwise innocent activity illegal, while reinforcing the power of the police state and its corporate allies.

The surveillance state hasn’t stopped spying on Americans’ communications, transactions or movements. On any given day, whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency, whether it’s your local police, a fusion center, the National Security Agency or one of the government’s many corporate partners, is still monitoring and tracking you.

The TSA hasn’t stopped groping or ogling travelers. Under the pretext of protecting the nation’s infrastructure (roads, mass transit systems, water and power supplies, telecommunications systems and so on) against criminal or terrorist attacks, TSA task forces (comprised of federal air marshals, surface transportation security inspectors, transportation security officers, behavior detection officers and explosive detection canine teams) continue to do random security sweeps of nexuses of transportation, including ports, railway and bus stations, airports, ferries and subways, as well as political conventions, baseball games and music concerts. Sweep tactics include the use of x-ray technology, pat-downs and drug-sniffing dogs, among other things.

Congress hasn’t stopped enacting draconian laws such as the USA Patriot Act and the NDAA. These laws—which completely circumvent the rule of law and the constitutional rights of American citizens, continue to re-orient our legal landscape in such a way as to ensure that martial law, rather than the rule of law, our U.S. Constitution, becomes the map by which we navigate life in the United States.

The Department of Homeland Security hasn’t stopped being a “wasteful, growing, fear-mongering beast.” Is the DHS capable of plotting and planning to turn the national guard into a federalized, immigration police force? No doubt about it. Remember, this is the agency that is notorious for militarizing the police and SWAT teams; spying on activists, dissidents and veterans; stockpiling ammunition; distributing license plate readers; contracting to build detention camps; tracking cell-phones with Stingray devices; carrying out military drills and lockdowns in American cities; using the TSA as an advance guard; conducting virtual strip searches with full-body scanners; carrying out soft target checkpoints; directing government workers to spy on Americans; conducting widespread spying networks using fusion centers; carrying out Constitution-free border control searches; funding city-wide surveillance cameras; and utilizing drones and other spybots.

The military industrial complex hasn’t stopped profiting from endless wars abroad. America’s expanding military empire continues to bleed the country dry at a rate of more than $15 billion a month (or $20 million an hour). 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.

The Deep State’s shadow government hasn’t stopped calling the shots behind the scenes. Comprised of unelected government bureaucrats, corporations, contractors, paper-pushers, and button-pushers who are actually calling the shots behind the scenes, this government within a government continues to be the real reason “we the people” have no real control over our so-called representatives. It’s every facet of a government that is no longer friendly to freedom and is working overtime to trample the Constitution underfoot and render the citizenry powerless in the face of the government’s power grabs, corruption and abusive tactics.

And the American people haven’t stopped acting like gullible sheep. In fact, many Americans have been so carried away by their blind rank-and-file partisan devotion to their respective political gods that they have lost sight of the one thing that has remained constant in recent years: our freedoms are steadily declining.

Here’s the problem as I see it: “we the people” have become so trusting, so gullible, so easily distracted, so out-of-touch and so sure that our government will always do the right thing by us that we have ignored the warning signs all around us.

In so doing, we have failed to recognize such warning signs as potential red flags to use as opportunities to ask questions, demand answers, and hold our government officials accountable to respecting our rights and abiding by the rule of law.

Unfortunately, once a free people allows the government to make inroads into their freedoms, or uses those same freedoms as bargaining chips for security, it quickly becomes a slippery slope to outright tyranny. And it doesn’t really matter whether it’s a Democrat or a Republican at the helm, because the bureaucratic mindset on both sides of the aisle now seems to embody the same philosophy of authoritarian government.

As I make clear in my book Battlefield America: The War on the American People, this is what happens when you ignore the warning signs.

This is what happens when you fail to take alarm at the first experiment on your liberties.

Battlefield_Cover_300This is what happens when you fail to challenge injustice and government overreach until the prison doors clang shut behind you.

In the American police state that now surrounds us, there are no longer such things as innocence, due process, or justice—at least, not in the way we once knew them. We are all potentially guilty, all potential criminals, all suspects waiting to be accused of a crime.

So you can try to persuade yourself that you are free, that you still live in a country that values freedom, and that it is not too late to make America great again, but to anyone who has been paying attention to America’s decline over the past 50 years, it will be just another lie.

The German people chose to ignore the truth and believe the lie.

They were not oblivious to the horrors taking place around them. As historian Robert Gellately points out, “[A]nyone in Nazi Germany who wanted to find out about the Gestapo, the concentration camps, and the campaigns of discrimination and persecutions need only read the newspapers.”

The warning signs were definitely there, blinking incessantly like large neon signs.

“Still,” Gellately writes, “the vast majority voted in favor of Nazism, and in spite of what they could read in the press and hear by word of mouth about the secret police, the concentration camps, official anti-Semitism, and so on. . . . [T]here is no getting away from the fact that at that moment, ‘the vast majority of the German people backed him.’”

Half a century later, the wife of a prominent German historian, neither of whom were members of the Nazi party, opined: “[O]n the whole, everyone felt well. . . . And there were certainly eighty percent who lived productively and positively throughout the time. . . . We also had good years. We had wonderful years.”

In other words, as long as their creature comforts remained undiminished, as long as their bank accounts remained flush, as long as they weren’t being discriminated against, persecuted, starved, beaten, shot, stripped, jailed and turned into slave labor, life was good.

This is how tyranny rises and freedom falls.

As Primo Levi, a Holocaust survivor observed, “Monsters exist, but they are too few in number to be truly dangerous. More dangerous are the common men, the functionaries ready to believe and to act without asking questions.”

Freedom demands responsibility.

Freedom demands that people stop sleep-walking through life, stop cocooning themselves in political fantasies, and stop distracting themselves with escapist entertainment.

Freedom demands that we stop thinking as Democrats and Republicans and start thinking like human beings, or at the very least, Americans.

Freedom demands that we not remain silent in the face of evil or wrongdoing but actively stand against injustice.

Freedom demands that we treat others as we would have them treat us. That is the law of reciprocity, also referred to as the Golden Rule, and it is found in nearly every world religion, including Judaism and Christianity.

In other words, if you don’t want to be locked up in a prison cell or a detention camp—if you don’t want to be discriminated against because of the color of your race, religion, politics or anything else that sets you apart from the rest—if you don’t want your loved ones shot at, strip searched, tasered, beaten and treated like slaves—if you don’t want to have to be constantly on guard against government eyes watching what you do, where you go and what you say—if you don’t want to be tortured, waterboarded or forced to perform degrading acts—if you don’t want your children to grow up in a world without freedom—then don’t allow these evils to be inflicted on anyone else, no matter how tempting the reason or how fervently you believe in your cause.

As German theologian and anti-Nazi dissident Dietrich Bonhoeffer observed, “We are not to simply bandage the wounds of victims beneath the wheels of injustice, we are to drive a spoke into the wheel itself.”

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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 (SelectBooks, 2015) is available online at http://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.

 

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“There are two ways by which the spirit of a culture may be shriveled. In the first—the Orwellian—culture becomes a prison. In the second—the Huxleyan—culture becomes a burlesque. No one needs to be reminded that our world is now marred by many prison-cultures…. it makes little difference if our wardens are inspired by right- or left-wing ideologies. The gates of the prison are equally impenetrable, surveillance equally rigorous, icon-worship pervasive…. Big Brother does not watch us, by his choice. We watch him, by ours…. 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.”— Professor Neil Postman

Donald Trump no longer needs to launch Trump TV.

He’s already the star of his own political reality show.

Americans have a voracious appetite for TV entertainment, and the Trump reality show—guest starring outraged Democrats with a newly awakened conscience for immigrants and the poor, power-hungry Republicans eager to take advantage of their return to power, and a hodgepodge of other special interest groups with dubious motives—feeds that appetite for titillating, soap opera drama.

After all, who needs the insults, narcissism and power plays that are hallmarks of reality shows such as Celebrity Apprentice or Keeping Up with the Kardashians when you can have all that and more delivered up by the likes of Donald Trump and his cohorts?

Yet as John Lennon reminds us, “nothing is real,” especially not in the world of politics.

Much like the fabricated universe in Peter Weir’s 1998 film The Truman Show, in which a man’s life is the basis for an elaborately staged television show aimed at selling products and procuring ratings, the political scene in the United States has devolved over the years into a carefully calibrated exercise in how to manipulate, polarize, propagandize and control a population.

Indeed, Donald Trump may be the smartest move yet by the powers-that-be to keep the citizenry divided and at each other’s throats, because as long as we’re busy fighting each other, we’ll never manage to present a unified front against tyranny in any form.

This is the magic of the reality TV programming that passes for politics today.

It allows us to be distracted, entertained, occasionally a little bit outraged but overall largely uninvolved, content to remain in the viewer’s seat.

The more that is beamed at us, the more inclined we are to settle back in our comfy recliners and become passive viewers rather than active participants as unsettling, frightening events unfold.

Reality and fiction merge as everything around us becomes entertainment fodder.

We don’t even have to change the channel when the subject matter becomes too monotonous. That’s taken care of for us by the programmers (the corporate media).

For instance, before we could get too worked up over government surveillance, the programmers changed the channels on us and switched us over to breaking news about militarized police. Before our outrage could be transformed into action over police misconduct, they changed the channel once again to reports of ISIS beheadings and terrorist shootings. Before we had a chance to challenge what was staged or real, the programming switched to the 2016 presidential election.

“Living is easy with eyes closed,” says Lennon, and that’s exactly what reality TV that masquerades as American politics programs the citizenry to do: navigate the world with their eyes shut.

As long as we’re viewers, we’ll never be doers.

Studies suggest that the more reality TV people watch—and I would posit that it’s all reality TV—the more difficult it becomes to distinguish between what is real and what is carefully crafted farce.

“We the people” are watching a lot of TV.

On average, Americans spend five hours a day watching television. By the time we reach age 65, we’re watching more than 50 hours of television a week, and that number increases as we get older. And reality TV programming consistently captures the largest percentage of TV watchers every season by an almost 2-1 ratio.

This doesn’t bode well for a citizenry able to sift through masterfully-produced propaganda in order to think critically about the issues of the day, whether it’s fake news peddled by government agencies or foreign entities.

Those who watch reality shows tend to view what they see as the “norm.” Thus, those who watch shows characterized by lying, aggression and meanness not only come to see such behavior as acceptable and entertaining but also mimic the medium.

This holds true whether the reality programming is about the antics of celebrities in the White House, in the board room, or in the bedroom.

It’s a phenomenon called “humilitainment.”

A term coined by media scholars Brad Waite and Sara Booker, “humilitainment” refers to the tendency for viewers to take pleasure in someone else’s humiliation, suffering and pain.

Humilitainment” largely explains not only why American TV watchers are so fixated on reality TV programming but how American citizens, largely insulated from what is really happening in the world around them by layers of technology, entertainment, and other distractions, are being programmed to accept the brutality, surveillance and dehumanizing treatment of the American police state as things happening to other people.

The ramifications for the future of civic engagement, political discourse and self-government are incredibly depressing and demoralizing.

This not only explains how a candidate like Donald Trump with a reputation for being rude, egotistical and narcissistic could get elected, but it also says a lot about how a politician like Barack Obama—whose tenure in the White House was characterized by drone killings, a weakening of the Constitution at the expense of Americans’ civil liberties, and an expansion of the police state—could be hailed as “one of the greatest presidents of all times.”

This is what happens when an entire nation—bombarded by reality TV programming, government propaganda and entertainment news—becomes systematically desensitized and acclimated to the trappings of a government that operates by fiat and speaks in a language of force.

Battlefield_Cover_300Ultimately, as I make clear in my book Battlefield America: The War on the American People, the reality shows, the entertainment news, the surveillance society, the militarized police, and the political spectacles have one common objective: to keep us divided, distracted, imprisoned, and incapable of taking an active role in the business of self-government.

If “we the people” feel powerless and apathetic, it is only because we have allowed ourselves to be convinced that the duties of citizenship begin and end at the ballot box.

Marching and protests have certainly been used with great success by past movements to foment real change, but if those marches and protests are merely outpourings of discontent because a particular politician won or lost with no solid plan of action or follow-through, then what’s the point?

Martin Luther King Jr. understood that politics could never be the answer to what ailed the country. That’s why he spearheaded a movement of mass-action strategy that employed boycotts, sit-ins and marches. Yet King didn’t march against a particular politician or merely to express discontent. He marched against injustice, government corruption, war, and inequality, and he leveraged discontent with the status quo into an activist movement that transformed the face of America.

When all is said and done, it won’t matter who you voted for in the presidential election. What will matter is where you stand in the face of the injustices that continue to ravage our nation: the endless wars, the police shootings, the overcriminalization, the corruption, the graft, the roadside strip searches, the private prisons, the surveillance state, etc.

Will you tune out the reality TV show and join with your fellow citizens to push back against the real menace of the police state, or will you merely sit back and lose yourself in the political programming aimed at keeping you imprisoned in the police state?

WC: 1346

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 (SelectBooks, 2015) is available online at http://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.

 

“This light of history is pitiless; it has a strange and divine quality that, luminous as it is, and precisely because it is luminous, often casts a shadow just where we saw a radiance; out of the same man it makes two different phantoms, and the one attacks and punishes the other, the darkness of the despot struggles with the splendor of the captain. Hence a truer measure in the final judgment of the nations. Babylon violated diminishes Alexander; Rome enslaved diminishes Caesar; massacred Jerusalem diminishes Titus. Tyranny follows the tyrant. Woe to the man who leaves behind a shadow that bears his form.” ― Victor Hugo, Les Misérables

Let’s talk about President Obama’s legacy, shall we?

This was a candidate who was ushered into office promising hope and change, pledging to put an end to the endless wars that were bankrupting the country (he was actually awarded the Nobel Peace Prize in anticipation of his efforts to bring about world peace), and vowing to put an end of the corporate revolving door that had turned our republic into an oligarchy.

After eight years in office, Barack Obama leaves our nation with a weakened Constitution that has been dealt one crippling blow after another by court rulings and government overreach, with more militarized police empowered to shoot first and ask questions later, with more SWAT team raids, with more government corruption, with more debt than ever before ($19 trillion and rising), with more racial tensions bubbling over into confrontations, with even greater surveillance intruding into the privacy of the citizenry, with less tolerance for free speech and thought, with taxpayers groaning under the weight of even more taxes disguised as fines and fees, with a more “imperial” president empowered to act unilaterally through the use of signing statements and executive orders, with a greater risk of blowback from military occupations, drone strikes and endless wars abroad, and with a citizenry more broken and oppressed than ever.

In other words, Obama leaves our nation worse off than when he took office.

You won’t hear any of this from Obama, who believes he would have been re-elected had he been permitted to run for a third term. Nor will you hear it from the celebrities who are quick to sing Obama’s praises, while likening Donald Trump to Hitler. And you certainly won’t hear it from those who are staging sit-ins, marches and acts of civil disobedience to protest Trump’s election, while having failed to voice even a whisper of protest over Obama’s long list of civil liberties abuses.

Yet the reality we must contend with is that the world is a far more dangerous place today than it was eight years ago, and Obama must shoulder some of the blame for that. As President Harry S. Truman recognized, “The buck stops here.”

How did we come to this?

How did a politician who showed such potential and managed to ignite such positive feelings among the citizenry, young and old alike, go from being a poster child for hope and change to being the smiling face of a government that is blind, deaf and dumb to the needs of its citizens?

Let me answer my own question in a roundabout way by quoting something Meryl Streep said recently in her recent Golden Globe acceptance speech.

Ostensibly taking aim at Trump for imitating a disabled reporter, Streep declared: “This instinct to humiliate, when it’s modeled by someone in the public platform, by someone powerful, it filters down into everybody’s life, because it kind of gives permission for other people to do the same thing. Disrespect invites disrespect. Violence incites violence. And when the powerful use their position to bully others, we all lose.”

Streep is right in one sense.

We all lose when the powerful inflict violence, humiliation, disrespect on others.

However, where Streep goes wrong is in failing to recognize that “we the people” have been on the losing end of this relationship long before Trump’s name was even being batted about as a possible candidate for the White House.

Indeed, the agents of the Obama administration—many of whom belong to that permanent government bureaucracy that is unaltered by elections and flows in a continuous line from one president to another—have been consistently and persistently inflicting violence, humiliation and disrespect on the citizenry for the past eight years.

Every time a SWAT team funded by government grants crashes through a door, that’s an infliction of violence. Every drone strike that kills innocent civilians is inflicting violence on the less powerful. Every roadside stop that ends with an unwarranted strip search is inflicting humiliation on the less powerful. Every law that criminalizes the speech or activities of those whose views may not jibe with the mainstream is tantamount to government-sanctioned bullying.

So for those lamenting the perils of a Trump presidency, who have been quick to blame racism, sexism and even the Russians for Trump’s electoral victory, you might want to consider the old Native American proverb that says “every time you point a finger in scorn—there are three remaining fingers pointing right back at you.”

As civil rights activist Cornel West concluded, “The reign of Obama did not produce the nightmare of Donald Trump – but it did contribute to it. And those Obama cheerleaders who refused to make him accountable bear some responsibility.”

West goes on to document the many missteps that contributed to Obama’s failed legacy: his allegiance to Wall Street, the drone strikes that have killed innocent civilians, the demonization of whistleblowers, the killing of U.S. citizens without due process, and his refusal to hold police accountable for excessive force and civil rights violations among others.

As West writes for The Guardian:

“[T]he mainstream media and academia failed to highlight these painful truths linked to Obama. Instead, most well-paid pundits on TV and radio celebrated the Obama brand. And most black spokespeople shamelessly defended Obama’s silences and crimes in the name of racial symbolism and their own careerism. How hypocritical to see them now speak truth to white power when most went mute in the face of black power. Their moral authority is weak and their newfound militancy is shallow.”Battlefield_Cover_300

Let me also say that this is not only an indictment of all that Obama has failed to do in the past eight years. It is also an indictment of those administrations prior to Obama, Democrat and Republican alike, which have contributed to our present sorry state of affairs. And it is a warning to Trump as he begins to carve out a path for his own administration.

Every time I write one of these diatribes about the government, I’m always asked “what can I do to push back against the government?”

My answer, which I flesh out in greater detail in my book Battlefield America: The War on the American People, is always the same: When all is said and done, politicians are only as effective, trustworthy and accountable as they are made to be. And they are only made to be effective, trustworthy and accountable when the citizenry stays engaged, informed and active in the workings of government.

One of the best models I know for a citizen who took the duties of citizenship to heart every moment of the day was my good friend, mentor and hero Nat Hentoff—one of the nation’s most respected, controversial and uncompromising writers and a lifelong champion of the First Amendment—who passed away on Saturday, January 7, 2017, at the age of 91.

Nat was a radical in the best sense of the word, a feisty, fiercely loyal, inveterate freedom fighter and warrior journalist with a deep-seated intolerance of injustice and a love of America that weathered the best and worst this nation has had to offer.

Nat didn’t live to see the last days of Obama’s reign, but he saw enough to describe the nation’s 44th president as “possibly the most dangerous and destructive president we have ever had.” A few years back, I asked Nat how he maintains his optimism in the face of the constant barrage of discouraging news about government corruption, civil liberties abuses, war, etc.

I’ll end with Nat’s answer as he inscribed it in the foreword to my book A Government of Wolves: The Emerging American Police State:

Government officials like to claim that everything they are doing is for security, to keep America safe in the so-called war against terrorism. What they are really effectuating is a weakening of why we are Americans. A lot of Americans today have a very limited idea as to why they are Americans, let alone why we have a First Amendment or a Bill of Rights. People are becoming accustomed or conditioned to what’s going on now with the raping of the Fourth Amendment, for example. Too many Americans appear unconcerned about the loss of fundamental individual liberties—such as due process, the right to confront their government accusers in a courtroom, and the presumption of innocence—that are vital to being an American.  Yet the reason we are vulnerable to being manipulated by the government out of fear is that most of us do not know and understand our liberties and how difficult it was to obtain them and how hard it is to keep them.

I have spent a lot of time studying our Founders and people like Samuel Adams. What Adams and the Sons of Liberty did in Boston was spread the word about the abuses of the British. They had Committees of Correspondence that got the word out to the colonies. We need Committees of Correspondence now. The danger we now face is admittedly greater than any we have had before. If I were to judge what I do and write on the basis of optimism, I would probably go back to writing novels, but I figure you have to do what you feel you have to do and just keep hoping and trying to get people to understand why we are Americans and what we are fighting to preserve.

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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 (SelectBooks, 2015) is available online at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

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“The shaping of the will of Congress and the choosing of the American president has become a privilege reserved to the country’s equestrian classes, a.k.a. the 20% of the population that holds 93% of the wealth, the happy few who run the corporations and the banks, own and operate the news and entertainment media, compose the laws and govern the universities, control the philanthropic foundations, the policy institutes, the casinos, and the sports arenas.”—Journalist Lewis Lapham

Being a citizen in the American corporate state is much like playing against a stacked deck: you’re always going to lose.

The game is rigged, and “we the people” keep getting dealt the same losing hand. Even so, most stay in the game, against all odds, trusting that their luck will change.

Battlefield_Cover_300The problem, of course, is that luck will not save us. As I make clear in my book, Battlefield America: The War on the American People, the people dealing the cards—the politicians, the corporations, the judges, the prosecutors, the police, the bureaucrats, the military, the media, etc.—have only one prevailing concern, and that is to maintain their power and control over the citizenry, while milking us of our money and possessions.

It really doesn’t matter what you call them—Republicans, Democrats, 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 while they are dealing the cards, the deck will always be stacked in their favor.

Incredibly, no matter how many times we see this played out, Americans continue to naively buy into the idea that politics matter, as if there really were a difference between the Republicans and Democrats (there’s not).

As if Barack Obama proved to be any different from George W. Bush (he has not). As if Hillary Clinton’s values are any different from Donald Trump’s (with both of them, money talks). As if when we elect a president, we’re getting someone who truly represents “we the people” rather than the corporate state (in fact, in the oligarchy that is the American police state, an elite group of wealthy donors is calling the shots).

Politics is a game, a joke, a hustle, a con, a distraction, a spectacle, a sport, and for many devout Americans, a religion.

In other words, it’s a sophisticated ruse aimed at keeping us divided and fighting over two parties whose priorities are exactly the same. It’s no secret that both parties support endless war, engage in out-of-control spending, ignore the citizenry’s basic rights, have no respect for the rule of law, are bought and paid for by Big Business, care most about their own power, and have a long record of expanding government and shrinking liberty.

Most of all, both parties enjoy an intimate, incestuous history with each other and with the moneyed elite that rule this country. Don’t be fooled by the smear campaigns and name-calling. They’re just useful tactics of the psychology of hate that has been proven to engage voters and increase voter turnout while keeping us at each other’s throats.

Despite the jabs the candidates volley at each other for the benefit of the cameras, they’re a relatively chummy bunch away from the spotlight, presenting each other with awards (remember when Jeb Bush presented Hillary Clinton with a Liberty Medal for her service to the country), attending each other’s weddings (Bill and Hillary had front-row seats for Trump’s 2005 wedding), and embracing with genuine affection.

Trump’s various donations to the Clintons (he donated to Hillary’s Senate campaigns, as well as the Clinton Foundation) are not unusual. Remember, FOX News mogul Rupert Murdoch actually hosted a fundraiser for Hillary’s Senate reelection campaign back in 2006 and contributed to her presidential campaign two years later. In fact, FOX News has reportedly been one of Hillary’s biggest donors for the better part of two decades.

Are you starting to get the picture? It doesn’t matter who wins the White House, because they all work for the same boss: Corporate America. In fact, many corporations actually hedge their bets on who will win the White House by splitting their donations between Democratic and Republican candidates.

We’re in trouble, folks, and picking a new president won’t save us.

We are living in a fantasy world carefully crafted to resemble a representative democracy. It used to be that the cogs, wheels and gear shifts in our government machinery worked to keep our republic running smoothly. However, without our fully realizing it, the mechanism has changed. Its purpose is no longer to keep our republic running smoothly. To the contrary, this particular contraption’s purpose is to keep the corporate police state in power. Its various parts are already a corrupt part of the whole.

Just consider how insidious, incestuous and beholden to the corporate elite the various “parts” of the mechanism have become.

Congress. Perhaps the most notorious offenders and most obvious culprits in the creation of the corporate-state, Congress has proven itself to be both inept and avaricious, oblivious champions of an authoritarian system that is systematically dismantling their constituents’ fundamental rights. Long before they’re elected, Congressmen are trained to dance to the tune of their wealthy benefactors, so much so that they spend two-thirds of their time in office raising money. As Reuters reports, “For many lawmakers, the daily routine in Washington involves fundraising as much as legislating. The culture of nonstop political campaigning shapes the rhythms of daily life in Congress, as well as the landscape around the Capitol. It also means that lawmakers often spend more time listening to the concerns of the wealthy than anyone else.”

The President. With the 2016 presidential election shaping up to be the most expensive one in our nation’s history, with estimates as high as $10 billion, “the way is open for an orgy of spending by well-heeled interest groups and super rich individuals on both political sides.” Yet even after the votes have been counted and favors tallied, the work of buying and selling access to the White House is far from over. President Obama spends significant amounts of time hosting and attending fundraisers, having held more than 400 fundraising events over the course of his two terms in office. Such access comes with a steep price tag. It used to be that $100,000 got you an overnight stay at the White House. Now it will cost you $500,000 for four meetings a year with President Obama. Yet as Harvard professor Lawrence Lessig asks, “[H]ow does a man, as a person, run the nation when he’s attending 228 fundraisers? And the answer is not very well. It’s pretty terrible for your ability to do your job. It’s pretty terrible for your ability to be responsive to the American people, because—let me tell you—the American people are not attending 228 fundraisers. Those people are different.”

The Supreme Court. The U.S. Supreme Court—once the last refuge of justice, the one governmental body really capable of rolling back the slowly emerging tyranny enveloping America—has instead become the champion of the American police state, absolving government and corporate officials of their crimes while relentlessly punishing the average American for exercising his or her rights. Like the rest of the government, the Court has routinely prioritized profit, security, and convenience over the basic rights of the citizenry. Indeed, law professor Erwin Chemerinsky makes a compelling case that the Supreme Court, whose “justices have overwhelmingly come from positions of privilege,” almost unerringly throughout its history, sides with the wealthy, the privileged, and the powerful. For example, contrast the Court’s affirmation of the “free speech” rights of corporations and wealthy donors in McCutcheon v. FEC, which does away with established limits on the number of candidates an entity can support with campaign contributions, and Citizens United v. FEC with its tendency to deny those same rights to average Americans when government interests abound, and you’ll find a noticeable disparity.

The Media. Of course, this triumvirate of total control would be completely ineffective without a propaganda machine provided by the world’s largest corporations. Besides shoving drivel down our throats at every possible moment, the so-called news agencies which are supposed to act as bulwarks against government propaganda have instead become the mouthpieces of the state. The pundits which pollute our airwaves are at best court jesters and at worst propagandists for the false reality created by the American government.

The American People. “We the people” now belong to a permanent underclass in America. It doesn’t matter what you call us—chattel, slaves, worker bees, drones, it’s all the same—what matters is that we are expected to march in lockstep with and submit to the will of the state in all matters, public and private. Through our complicity in matters large and small, we have allowed an out-of-control corporate-state apparatus to take over every element of American society.

Our failure to remain informed about what is taking place in our government, to know and exercise our rights, to vocally protest, to demand accountability on the part of our government representatives, and at a minimum to care about the plight of our fellow Americans has been our downfall.

Now we find ourselves once again caught up in the spectacle of another presidential election, and once again the majority of Americans are acting as if this election will make a difference and bring about change—as if the new boss will be different from the old boss.

When in doubt, just remember what comedian and astute commentator George Carlin had to say about the matter:

The politicians are put there to give you the idea that you have freedom of choice. You don’t. You have no choice. You have owners. They own you. They own everything. They own all the important land. They own and control the corporations. They’ve long since bought and paid for the Senate, the Congress, the state houses, the city halls. They got the judges in their back pockets and they own all the big media companies, so they control just about all of the news and information you get to hear. They got you by the balls. They spend billions of dollars every year lobbying. Lobbying to get what they want. Well, we know what they want. They want more for themselves and less for everybody else, but I’ll tell you what they don’t want. They don’t want a population of citizens capable of critical thinking. They don’t want well-informed, well-educated people capable of critical thinking. They’re not interested in that. That doesn’t help them. That’s against their interests.

They want obedient workers. Obedient workers, people who are just smart enough to run the machines and do the paperwork…. It’s a big club and you ain’t in it. You and I are not in the big club. …The table is tilted, folks. The game is rigged and nobody seems to notice…. Nobody seems to care. That’s what the owners count on…. It’s called the American Dream, ’cause you have to be asleep to believe it.

“If we’re training cops as soldiers, giving them equipment like soldiers, dressing them up as soldiers, when are they going to pick up the mentality of soldiers? If you look at the police department, their creed is to protect and to serve. A soldier’s mission is to engage his enemy in close combat and kill him. Do we want police officers to have that mentality? Of course not.”— Arthur Rizer, former civilian police officer and member of the military

Talk about poor timing. Then again, perhaps it’s brilliant timing.

Only now—after the Departments of Justice, Homeland Security (DHS) and Defense have passed off billions of dollars worth of military equipment to local police forces, after police agencies have been trained in the fine art of war, after SWAT team raids have swelled in number to more than 80,000 a year, after it has become second nature for local police to look and act like soldiers, after communities have become acclimated to the presence of militarized police patrolling their streets, after Americans have been taught compliance at the end of a police gun or taser, after lower income neighborhoods have been transformed into war zones, after hundreds if not thousands of unarmed Americans have lost their lives at the hands of police who shoot first and ask questions later, after a whole generation of young Americans has learned to march in lockstep with the government’s dictates—only now does President Obama lift a hand to limit the number of military weapons being passed along to local police departments.

Not all, mind you, just some.

Talk about too little, too late.

Months after the White House defended a federal program that distributed $18 billion worth of military equipment to local police, Obama has announced that he will ban the federal government from providing local police departments with tracked armored vehicles, weaponized aircraft and vehicles, bayonets, grenade launchers, camouflage uniforms and large-caliber firearms.

Obama also indicated that less heavy-duty equipment (armored vehicles, tactical vehicles, riot gear and specialized firearms and ammunition) will reportedly be subject to more regulations such as local government approval, and police being required to undergo more training and collect data on the equipment’s use. Perhaps hoping to sweeten the deal, the Obama administration is also offering $163 million in taxpayer-funded grants to “incentivize police departments to adopt the report’s recommendations.”

While this is a grossly overdue first step of sorts, it is nevertheless a first step from an administration that has been utterly complicit in accelerating the transformation of America’s police forces into extensions of the military. Indeed, as investigative journalist Radley Balko points out, while the Obama administration has said all the right things about the need to scale back on a battlefield mindset, it has done all the wrong things to perpetuate the problem:

  • distributed equipment designed for use on the battlefield to local police departments,
  • provided private grants to communities to incentivize SWAT team raids,
  • redefined “community policing” to reflect aggressive police tactics and funding a nationwide COPS (Community Oriented Policing Services) program that has contributed to dramatic rise in SWAT teams,
  • encouraged the distribution of DHS anti-terror grants and the growth of “contractors that now cater to police agencies looking to cash DHS checks in exchange for battle-grade gear,”
  • ramped up the use of military-style raids to crack down on immigration laws and target “medical marijuana growers, shops, and dispensaries in states that have legalized the drug,”
  • defended as “reasonable” aggressive, militaristic police tactics in cases where police raided a guitar shop in defense of an obscure environmental law, raided a home looking for a woman who had defaulted on her student loans, and terrorized young children during a raid on the wrong house based on a mistaken license plate,
  • and ushered in an era of outright highway robbery in which asset forfeiture laws have been used to swindle Americans out of cash, cars, houses, or other property that government agents can “accuse” of being connected to a crime.

It remains to be seen whether this overture on Obama’s part, coming in the midst of heightened tensions between the nation’s police forces and the populace they’re supposed to protect, opens the door to actual reform or is merely a political gambit to appease the masses all the while further acclimating the populace to life in a police state.

Certainly, on its face, it does nothing to ease the misery of the police state that has been foisted upon us. In fact, Obama’s belated gesture of concern does little to roll back the deadly menace of overzealous police agencies corrupted by money, power and institutional immunity. And it certainly fails to recognize the terrible toll that has been inflicted on our communities, our fragile ecosystem of a democracy, and our freedoms as a result of the government’s determination to bring the war home.

Will the young black man guilty of nothing more than running away from brutish police officers be any safer in the wake of Obama’s edict? It’s unlikely.

Will the old man reaching for his cane have a lesser chance of being shot? It’s doubtful.

Will the little girl asleep under her princess blanket live to see adulthood when a SWAT team crashes through her door? I wouldn’t count on it.

It’s a safe bet that our little worlds will be no safer following Obama’s pronouncement and the release of his “Task Force on 21st Century Policing” report. In fact, there is a very good chance that life in the American police state will become even more perilous.

Among the report’s 50-page list of recommendations is a call for more police officer boots on the ground, training for police “on the importance of de-escalation of force,” and “positive non-enforcement activities” in high-crime communities to promote trust in the police such as sending an ice cream truck across the city.

Curiously, nowhere in the entire 120-page report is there a mention of the Fourth Amendment, which demands that the government respect citizen privacy and bodily integrity. The Constitution is referenced once, in the Appendix, in relation to Obama’s authority as president. And while the word “constitutional” is used 15 times within the body of the report, its use provides little assurance that the Obama administration actually understands the clear prohibitions against government overreach as enshrined in the U.S. Constitution.

For instance, in the section of the report on the use of technology and social media, the report notes: “Though all constitutional guidelines must be maintained in the performance of law enforcement duties, the legal framework (warrants, etc.) should continue to protect law enforcement access to data obtained from cell phones, social media, GPS, and other sources, allowing officers to detect, prevent, or respond to crime.”

Battlefield_Cover_300Translation: as I document in my book Battlefield America: The War on the American People, the new face of policing in America is about to shift from waging its war on the American people using primarily the weapons of the battlefield to the evermore-sophisticated technology of the battlefield where government surveillance of our everyday activities will be even more invasive.

This emphasis on technology, surveillance and social media is nothing new. In much the same way the federal government used taxpayer-funded grants to “gift” local police agencies with military weapons and equipment, it is also funding the distribution of technology aimed at making it easier for police to monitor, track and spy on Americans. For instance, license plate readers, stingray devices and fusion centers are all funded by grants from the DHS. Funding for drones at the state and local levels also comes from the federal government, which in turn accesses the data acquired by the drones for its own uses.

If you’re noticing a pattern here, it is one in which the federal government is not merely transforming local police agencies into extensions of itself but is in fact federalizing them, turning them into a national police force that answers not to “we the people” but to the Commander in Chief. Yet the American police force is not supposed to be a branch of the military, nor is it a private security force for the reigning political faction. It is supposed to be an aggregation of the countless local civilian units that exist for a sole purpose: to serve and protect the citizens of each and every American community.

So where does that leave us?

There’s certainly no harm in embarking on a national dialogue on the dangers of militarized police, but if that’s all it amounts to—words that sound good on paper and in the press but do little to actually respect our rights and restore our freedoms—then we’re just playing at politics with no intention of actually bringing about reform.

Despite the Obama Administration’s lofty claims of wanting to “ensure that public safety becomes more than the absence of crime, that it must also include the presence of justice,” this is the reality we must contend with right now:

Americans still have no real protection against police abuse. Americans still have no right to self-defense in the face of SWAT teams mistakenly crashing through our doors, or police officers who shoot faster than they can reason. Americans are still no longer innocent until proven guilty. Americans still don’t have a right to private property. Americans are still powerless in the face of militarized police. Americans still don’t have a right to bodily integrity. Americans still don’t have a right to the expectation of privacy. Americans are still being acclimated to a police state through the steady use and sight of military drills domestically, a heavy militarized police presence in public places and in the schools, and a taxpayer-funded propaganda campaign aimed at reassuring the public that the police are our “friends.” And to top it all off, Americans still can’t rely on the courts, Congress or the White House to mete out justice when our rights are violated by police.

To sum it all up: the problems we’re grappling with have been building for more than 40 years. They’re not going to go away overnight, and they certainly will not be resolved by a report that instructs the police to simply adopt different tactics to accomplish the same results—i.e., maintain the government’s power, control and wealth at all costs.

This is the sad reality of life in the American police state.

“I never thought I would see the day when a Justice Department would claim that only the most extreme infliction of pain and physical abuse constitutes torture and that acts that are merely cruel, inhuman and degrading are consistent with United States law and policy, that the Supreme Court would have to order the president of the United States to treat detainees in accordance with the Geneva Convention, never thought that I would see that a president would act in direct defiance of federal law by authorizing warrantless NSA surveillance of American citizens. This disrespect for the rule of law is not only wrong, it is destructive.”—Eric Holder, June 2008 speech to the American Constitution Society

Since the early days of our republic, the Attorney General (AG) of the United States has served as the chief lawyer for the government, entrusted with ensuring that the nation’s laws are faithfully carried out and holding government officials accountable to abiding by their oaths of office to “uphold and defend the Constitution.”

Unfortunately, far from holding government officials accountable to abiding by the rule of law, the attorneys general of each successive administration have increasingly aided and abetted the Executive Branch in skirting and, more often than not, flouting the law altogether, justifying all manner of civil liberties and human rights violations and trampling the Constitution in the process, particularly the Fourth Amendment.

No better example is there of the perversion of the office of the AG than its current occupant Eric Holder, who was appointed by President Obama in 2009. Hailed by civil liberties and watchdog groups alike for his pledge to “reverse the disastrous course that we have been on over the past few years” and usher in a new era of civil liberties under Obama, Holder has instead carried on the sorry tradition of his predecessors, going to great lengths to “justify” egregious government actions that can only be described as immoral, unjust and illegal.

Indeed, Holder has managed to eclipse both John Ashcroft and Alberto Gonzalez, whose tenures under George W. Bush earned them constant reproach by Democrats and other left-leaning groups for justifying acts of torture, surveillance of American citizens and clandestine behavior by the government. Holder, however, has largely been given a free pass by these very same groups in much the same way that Obama has. The reason, according to former Senate investigator Paul D. Thacker, is that “Obama is a Democrat. And because he is a Democrat, he’s gotten a pass from many of the civil liberty and good-government groups who spent years watching President Bush’s every move like a hawk.”

Despite getting a “pass” from those who would normally have been crying foul, during his time as attorney general, Holder has “made the Constitution scream”—that according to one of his detractors. The colorful description is apt. Some of the Justice Department’s (DOJ) “greatest hits” under Holder begin and end with his stalwart defense of the Obama administration’s growing powers, coming as they do at the expense of the Constitution.

Moreover, as head of the DOJ, Holder’s domain is vast, spanning several law enforcement agencies, including the United States Marshals Service; FBI; Federal Bureau of Prisons; National Institute of Corrections; Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; and Office of the Inspector General (OIG), as well as the U.S. National Central Bureau for INTERPOL. To say that the agencies under Holder have struggled to abide by the rule of law is an understatement.

The following are just some of the highlights of the dangerous philosophies embraced and advanced by Holder and his Justice Department.

The military can detain anyone, including American citizens, it deems a threat to the country. Not only has the DOJ persisted in defending a provision of the National Defense Authorization Act that sanctions indefinite detentions of Americans, but it has also blasted the federal judge who ruled the NDAA to be vague and chilling as overstepping the court’s authority and infringing on Obama’s power to act as Commander in Chief.

Presidential kill lists and drone killings are fine as long as the president thinks someone might have terrorist connections. Holder has gone to great lengths to defend Obama’s use of drones to target and kill American citizens, even on U.S. soil, as legally justifiable. In fact, a leaked DOJ memo suggests that the President has the power to murder any American citizen the world over, so long as he has a feeling that they might, at some point in the future, pose a threat to the United States.

The federal government has the right to seize the private property—cash, real estate, cars and other assets—of those suspected of being “connected” to criminal activity, whether or not the suspect is actually guilty. The government actually collects billions of dollars every year through this asset-forfeiture system, which it frequently divvies up with local law enforcement officials, a practice fully supported by the DOJ and a clear incentive for the government to carry out more of these “takings.”

Warrantless electronic surveillance of Americans’ telephone, email and Facebook accounts is not only permissible but legal. According to court documents, more Americans have had their electronic communications spied on as a result of DOJ orders for phone, email and Internet information—40,000 people alone in 2011—and that doesn’t even begin to take into account agencies outside Holder’s purview, terrorism investigations or requests by state and local law enforcement officials.

Judicial review is far from necessary. Moreover, while it is legal for the government to use National Security Letters (NSL) to get detailed information on Americans’ finances and communications without oversight from a judge, it is illegal to challenge the authority of the Justice Department. Administrative subpoenas or NSLs—convenient substitutes for court-sanctioned warrants that require only a government official’s signature in order to force virtually all businesses to hand over sensitive customer information—have become a popular method of bypassing the Fourth Amendment and a vital tool for the DOJ’s various agencies. Incredibly, the DOJ actually sued a telecommunications company for daring to challenge the FBI’s secret order, lacking in judicial oversight, that it relinquish information about its customers. The FBI alone has issued more than 300,000 NSLs since 2000.

Due process and judicial process are not the same. In one of his earliest attempts to justify targeted assassinations of American citizens by the president, Holder declared in a March 5, 2012 speech at the Northwestern University School of Law that “The Constitution guarantees due process, not judicial process.” What Holder was attempting to suggest is that the Fifth Amendment’s assurance that “No person shall be deprived of life, liberty, or property without due process of law” does not necessarily involve having one’s day in court and all that that entails—it simply means that someone, the president for example, should review and be satisfied by the facts before ordering someone’s death. As one history professor warned, “Insert even a sliver of difference between due process and judicial process, and you convert liberty into tyranny. Holder, sworn to uphold the laws of the United States, is the mouthpiece of that tyranny, and Obama is its self-appointed judge, jury and executioner.”

Government whistleblowers will be bankrupted, blacklisted, blackballed and in some cases banished. As AG, Holder has reportedly prosecuted more government officials for alleged leaks than all his predecessors combined. Relying on the World War I-era Espionage Act, the DOJ has launched an all-out campaign to roust out, prosecute, and imprison government whistleblowers for exposing government corruption, incompetence, and greed. Intelligence analyst Bradley Manning is merely one in a long line of so-called “enemies of the state” to feel the Obama administration’s wrath for daring to publicly criticize its policies by leaking information to the media.

Government transparency is important unless government officials are busy, can stonewall, redact, obfuscate or lie about the details, are able to make the case that they are exempt from disclosure or that it interferes with national security. AsSlate reports, “President Obama promised transparency and open government. He failed miserably.” Not only has Holder proven to be far less transparent than any of his predecessors, however, but his DOJ has done everything in its power to block access to information, even in matters where that information was already known. For example, when asked to explain the “Fast and Furious” debacle in which government operatives trafficked guns to Mexican drug lords, DOJ officials—unaware that much of the facts had already been revealed—“responded with false and misleading information that violated federal law.” When pressed for further information, the Justice Department retracted its initial response and refused to say anything more.

When it comes to Wall Street, justice is not blind. As revealed in a PBS Frontline report, the Obama administration has driven federal prosecutions of financial crimes down to a two-decade low, buoyed in its blindness to corporate corruption by campaign donations from Wall Street banks (whom Holder has determined are too big to prosecute anyhow) and staffers whose lucrative financial portfolios came about as a result of chummy relationships with financiers. As David Sirota points outs:

After watching the [PBS] piece, you will understand that the word “justice” belongs in quotes thanks to an Obama administration that has made a mockery of the name of a once hallowed executive department… Rooted in historical comparison, it contrasts how the Reagan administration prosecuted thousands of bankers after the now-quaint-looking S&L scandal with how the Obama administration betrayed the president’s explicit promise to “hold Wall Street accountable” and refused to prosecute a single banker connected to 2008′s apocalyptic financial meltdown.

Not all suspects should have the right to remain silent. In 2010, Holder began floating the idea that Miranda rights—which require that a suspect be informed of his right to remain silent—should be modified depending on the circumstances. Curiously, the Supreme Court is presently reviewing a case addressing a similar question, namely whether a suspect’s silence equates to an admission of guilt.

Clearly, it’s not the Constitution that Eric Holder is safeguarding but the power of the presidency. Without a doubt, Holder has taken as his mantra Nixon’s mantra that “When the President does it, that means it is not illegal.” It may be that the time has come to create a “non-political” and “independent” Attorney General, one who would serve the interests of the public by upholding the rule of law rather than justifying the whims of the President. — John W. Whitehead