Posts Tagged ‘Constitution’

Death by a Thousand Cuts: The Many Ways Our Rights Have Been Usurped Since 9/11

Posted: September 11, 2023 in Uncategorized
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“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.” — Abraham Lincoln

Those who gave us the Constitution and the Bill of Rights believed that the government exists at the behest of its citizens. It is there to protect, defend and even enhance our freedoms, not violate them.

Unfortunately, although the Bill of Rights was adopted as a means of protecting the people against government tyranny, in America today, the government does whatever it wants, freedom be damned.

In the 22 years since the USA Patriot Act—a massive 342-page wish list of expanded powers for the FBI and CIA—was rammed through Congress in the wake of the so-called 9/11 terror attacks, it has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse.

The Patriot Act drove a stake through the heart of the Bill of Rights, violating at least six of the ten original amendments—the First, Fourth, Fifth, Sixth, Seventh and Eighth Amendments—and possibly the Thirteenth and Fourteenth Amendments, as well.

The Patriot Act also redefined terrorism so broadly that many non-terrorist political activities such as protest marches, demonstrations and civil disobedience are now considered potential terrorist acts, thereby rendering anyone desiring to engage in protected First Amendment expressive activities as suspects of the surveillance state.

The Patriot Act justified broader domestic surveillance, the logic being that if government agents knew more about each American, they could distinguish the terrorists from law-abiding citizens—no doubt a reflexive impulse shared by small-town police and federal agents alike.

This, according to Washington Post reporter Robert O’Harrow, Jr., was a fantasy that “had been brewing in the law enforcement world for a long time.” And 9/11 provided the government with the perfect excuse for conducting far-reaching surveillance and collecting mountains of information on even the most law-abiding citizen.

Federal agents and police officers are now authorized to conduct covert black bag “sneak-and-peak” searches of homes and offices while you are away and confiscate your personal property without first notifying you of their intent or their presence.

The law also granted the FBI the right to come to your place of employment, demand your personal records and question your supervisors and fellow employees, all without notifying you; allowed the government access to your medical records, school records and practically every personal record about you; and allowed the government to secretly demand to see records of books or magazines you’ve checked out in any public library and Internet sites you’ve visited (at least 545 libraries received such demands in the first year following passage of the Patriot Act).

In the name of fighting terrorism, government officials are now permitted to monitor religious and political institutions with no suspicion of criminal wrongdoing; prosecute librarians or keepers of any other records if they tell anyone that the government has subpoenaed information related to a terror investigation; monitor conversations between attorneys and clients; search and seize Americans’ papers and effects without showing probable cause; and jail Americans indefinitely without a trial, among other things.

The federal government also made liberal use of its new powers, especially through the use (and abuse) of the nefarious national security letters, which allow the FBI to demand personal customer records from Internet Service Providers, financial institutions and credit companies at the mere say-so of the government agent in charge of a local FBI office and without prior court approval.

In fact, since 9/11, we’ve been spied on by surveillance cameras, eavesdropped on by government agents, had our belongings searched, our phones tapped, our mail opened, our email monitored, our opinions questioned, our purchases scrutinized (under the USA Patriot Act, banks are required to analyze your transactions for any patterns that raise suspicion and to see if you are connected to any objectionable people), and our activities watched.

We’re also being subjected to invasive patdowns and whole-body scans of our persons and seizures of our electronic devices in the nation’s airports. We can’t even purchase certain cold medicines at the pharmacy anymore without it being reported to the government and our names being placed on a watch list.

In this way, “we the people” continue to be terrorized, traumatized, and tricked into a semi-permanent state of compliance by a government that cares nothing for our lives or our liberties.

The bogeyman’s names and faces have changed over time (terrorism, the war on drugs, illegal immigration, a viral pandemic, and more to come), but the end result remains the same: in the so-called name of national security, the Constitution has been steadily chipped away at, undermined, eroded, whittled down, and generally discarded with the support of Congress, the White House, and the courts.

A recitation of the Bill of Rights—set against a backdrop of government surveillance, militarized police, SWAT team raids, asset forfeiture, eminent domain, overcriminalization, armed surveillance drones, whole body scanners, stop and frisk searches, vaccine mandates, lockdowns, and the like (all sanctioned by Congress, the White House, and the courts)—would understandably sound more like a eulogy to freedoms lost than an affirmation of rights we truly possess.

What we are left with today is but a shadow of the robust document adopted more than two centuries ago. Sadly, most of the damage has been inflicted upon the Bill of Rights.

Here is what it means to live under the Constitution, with the nation still suffering blowback from the permanent state of emergency brought about by 9/11 and COVID-19.

The First Amendment is supposed to protect the freedom to speak your mind, assemble and protest nonviolently without being bridled by the government. It also protects the freedom of the media, as well as the right to worship and pray without interference. In other words, Americans should not be silenced by the government. To the founders, all of America was a free speech zone.

Despite the clear protections found in the First Amendment, the freedoms described therein are under constant assault. Increasingly, Americans are being persecuted for exercising their First Amendment rights and speaking out against government corruption. Activists are being arrested and charged for daring to film police officers engaged in harassment or abusive practices. Journalists are being prosecuted for reporting on whistleblowers. States are passing legislation to muzzle reporting on cruel and abusive corporate practices. Religious ministries are being fined for attempting to feed and house the homeless. Protesters are being tear-gassed, beaten, arrested and forced into “free speech zones.” And under the guise of “government speech,” the courts have reasoned that the government can discriminate freely against any First Amendment activity that takes place within a so-called government forum.

The Second Amendment was intended to guarantee “the right of the people to keep and bear arms.” Essentially, this amendment was intended to give the citizenry the means to resist tyrannical government. Yet while gun ownership has been recognized by the U.S. Supreme Court as an individual citizen right, Americans remain powerless to defend themselves against red flag gun laws, militarized police, SWAT team raids, and government agencies armed to the teeth with military weapons better suited to the battlefield.

The Third Amendment reinforces the principle that civilian-elected officials are superior to the military by prohibiting the military from entering any citizen’s home without “the consent of the owner.” With the police increasingly training like the military, acting like the military, and posing as military forces—complete with heavily armed SWAT teams, military weapons, assault vehicles, etc.—it is clear that we now have what the founders feared most—a standing army on American soil.

The Fourth Amendment prohibits government agents from conducting surveillance on you or touching you or encroaching on your private property unless they have evidence that you’re up to something criminal. In other words, the Fourth Amendment ensures privacy and bodily integrity. Unfortunately, the Fourth Amendment has suffered the greatest damage in recent years and has been all but eviscerated by an unwarranted expansion of governmental police powers that include strip searches and even anal and vaginal searches of citizens, surveillance (corporate and otherwise), and intrusions justified in the name of fighting terrorism, as well as the outsourcing of otherwise illegal activities to private contractors.

The Fifth Amendment and the Sixth Amendment work in tandem. These amendments supposedly ensure that you are innocent until proven guilty, and government authorities cannot deprive you of your life, your liberty or your property without the right to an attorney and a fair trial before a civilian judge. However, in the new suspect society in which we live, where surveillance is the norm, these fundamental principles have been upended. Certainly, if the government can arbitrarily freeze, seize or lay claim to your property (money, land or possessions) under government asset forfeiture schemes, you have no true rights.

The Seventh Amendment guarantees citizens the right to a jury trial. Yet when the populace has no idea of what’s in the Constitution—civic education has virtually disappeared from most school curriculums—that inevitably translates to an ignorant jury incapable of distinguishing justice and the law from their own preconceived notions and fears. However, as a growing number of citizens are coming to realize, the power of the jury to nullify the government’s actions—and thereby help balance the scales of justice—is not to be underestimated. Jury nullification reminds the government that “we the people” retain the power to ultimately determine what laws are just.

The Eighth Amendment is similar to the Sixth in that it is supposed to protect the rights of the accused and forbid the use of cruel and unusual punishment. However, the Supreme Court’s determination that what constitutes “cruel and unusual” should be dependent on the “evolving standards of decency that mark the progress of a maturing society” leaves us with little protection in the face of a society lacking in morals altogether.

The Ninth Amendment provides that other rights not enumerated in the Constitution are nonetheless retained by the people. Popular sovereignty—the belief that the power to govern flows upward from the people rather than downward from the rulers—is clearly evident in this amendment. However, it has since been turned on its head by a centralized federal government that sees itself as supreme and which continues to pass more and more laws that restrict our freedoms under the pretext that it has an “important government interest” in doing so.

As for the Tenth Amendment’s reminder that the people and the states retain every authority that is not otherwise mentioned in the Constitution, that assurance of a system of government in which power is divided among local, state and national entities has long since been rendered moot by the centralized Washington, DC, power elite—the president, Congress and the courts.

Thus, if there is any sense to be made from this recitation of freedoms lost, it is simply this: our individual freedoms have been eviscerated so that the government’s powers could be expanded.

It was no idle happenstance that the Constitution, which was adopted 236 years ago on Sept. 17, 1787, opens with these three powerful words: “We the people.” As the Preamble proclaims:

We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this CONSTITUTION for the United States of America.

In other words, it’s our job to make the government play by the rules of the Constitution.

We are supposed to be the masters and they—the government and its agents—are the servants.

We the American people—the citizenry—are supposed to be the arbiters and ultimate guardians of America’s welfare, defense, liberty, laws and prosperity.

Still, it’s hard to be a good citizen if you don’t know anything about your rights or how the government is supposed to operate.

As the National Review rightly asks, “How can Americans possibly make intelligent and informed political choices if they don’t understand the fundamental structure of their government? American citizens have the right to self-government, but it seems that we increasingly lack the capacity for it.”

Americans are constitutionally illiterate.

Most citizens have little, if any, knowledge about their basic rights. And our educational system does a poor job of teaching the basic freedoms guaranteed in the Constitution and the Bill of Rights.

Teachers and school administrators do not fare much better. A study conducted by the Center for Survey Research and Analysis found that one educator in five was unable to name any of the freedoms in the First Amendment.

Government leaders and politicians are also ill-informed. Although they take an oath to uphold, support and defend the Constitution against “enemies foreign and domestic,” their lack of education about our fundamental rights often causes them to be enemies of the Bill of Rights.

So what’s the solution?

Thomas Jefferson recognized that a citizenry educated on “their rights, interests, and duties”  is the only real assurance that freedom will survive.

From the President on down, anyone taking public office should have a working knowledge of the Constitution and the Bill of Rights and should be held accountable for upholding their precepts. One way to ensure this would be to require government leaders to take a course on the Constitution and pass a thorough examination thereof before being allowed to take office.

Some critics are advocating that students pass the United States citizenship exam in order to graduate from high school. Others recommend that it must be a prerequisite for attending college. I’d go so far as to argue that students should have to pass the citizenship exam before graduating from grade school.

Here’s an idea to get educated and take a stand for freedom: anyone who signs up to become a member of The Rutherford Institute gets a wallet-sized Bill of Rights card and a Know Your Rights card. Use this card to teach your children the freedoms found in the Bill of Rights.

A healthy, representative government is hard work. It takes a citizenry that is informed about the issues, educated about how the government operates, and willing to do more than grouse and complain.

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, “we the people” have the power to make and break the government.

The powers-that-be want us to remain divided over politics, hostile to those with whom we disagree politically, and intolerant of anyone or anything whose solutions to what ails this country differ from our own. They also want us to believe that our job as citizens begins and ends on Election Day.

Yet there are 330 million of us in this country. Imagine what we could accomplish if we actually worked together, presented a united front, and spoke with one voice.

Tyranny wouldn’t stand a chance.

Source: https://tinyurl.com/4sbcn4jd

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

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

The Next Crisis Is Anyone’s Guess, But the Government Is Ready to Lockdown the Nation

Posted: September 5, 2023 in Uncategorized
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“The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by an endless series of hobgoblins, most of them imaginary.”—H.L. Mencken

First came 9/11, which the government used to transform itself into a police state.

Then the COVID-19 pandemic hit, which the police state used to test out its lockdown powers.

In light of the government’s tendency to exploit crises (legitimate or manufactured) and capitalize on the nation’s heightened emotions, confusion and fear as a means of extending the reach of the police state, one has to wonder what so-called crisis it will declare next.

It’s a simple enough formula: first, you create fear, then you capitalize on it by seizing power.

Frankly, it doesn’t even matter what the nature of the next national emergency might be (terrorism, civil unrest, economic collapse, a health scare, or the environment) as long as it allows the government to lockdown the nation and justify all manner of tyranny in the so-called name of national security.

Cue the Emergency State.

Terrorist attacks, mass shootings, “unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters”: the government has been anticipating and preparing for such crises for years now.

As David C. Unger writes for the New York Times: “Life, liberty, and the pursuit of happiness have given way to permanent crisis management: to policing the planet and fighting preventative wars of ideological containment, usually on terrain chosen by, and favorable to, our enemies. Limited government and constitutional accountability have been shouldered aside by the kind of imperial presidency our constitutional system was explicitly designed to prevent.”

Here’s what we know: given the rate at which the government keeps devising new ways to establish itself as the “solution” to all of our worldly problems at taxpayer expense, each subsequent crisis ushers in ever larger expansions of government power and less individual liberty.

This is the slippery slope to outright tyranny.

You see, once the government acquires (and uses) authoritarian powers—to spy on its citizens, to carry out surveillance, to transform its police forces into extensions of the military, to seize taxpayer funds, to wage endless wars, to censor and silence dissidents, to identify potential troublemakers, to detain citizens without due process—it does not voluntarily relinquish them.

The lesson for the ages is this: once any government is allowed to overreach and expand its powers, it’s almost impossible to put the genie back in the bottle. As Harvard constitutional law professor Laurence Tribe recognizes, “The dictatorial hunger for power is insatiable.”

Indeed, the history of the United States is a testament to the old adage that liberty decreases as government (and government bureaucracy) grows. To put it another way, as government expands, liberty contracts.

In this way, every crisis since the nation’s early beginnings has become a make-work opportunity for the government.

Each crisis has also been a test to see how far “we the people” would allow the government to sidestep the Constitution in the so-called name of national security; a test to see how well we have assimilated the government’s lessons in compliance, fear and police state tactics; a test to see how quickly we’ll march in lockstep with the government’s dictates, no questions asked; and a test to see how little resistance we offer up to the government’s power grabs when made in the name of national security.

Most critically of all, it has been a test to see whether the Constitution—and our commitment to the principles enshrined in the Bill of Rights—could survive a national crisis and true state of emergency.

Unfortunately, we’ve been failing this particular test for a long time now.

Indeed, the powers-that-be have been pushing our buttons and herding us along like so much cattle since World War II, at least, starting with the Japanese attacks on Pearl Harbor, which not only propelled the U.S. into World War II but also unified the American people in their opposition to a common enemy.

That fear of attack by foreign threats, conveniently torqued by the growing military industrial complex, in turn gave rise to the Cold War era’s “Red Scare.” Promulgated through government propaganda, paranoia and manipulation, anti-Communist sentiments boiled over into a mass hysteria that viewed anyone and everyone as suspect: your friends, the next-door neighbor, even your family members could be a Communist subversive.

This hysteria, which culminated in hearings before the House Un-American Activities Committee, where hundreds of Americans were called before Congress to testify about their so-called Communist affiliations and intimidated into making false confessions, also paved the way for the rise of an all-knowing, all-seeing governmental surveillance state.

By the time 9/11 rolled around, all George W. Bush had to do was claim the country was being invaded by terrorists, and the government used the USA Patriot Act to claim greater powers to spy, search, detain and arrest American citizens in order to keep America safe.

By way of the National Defense Authorization Act, Barack Obama continued Bush’s trend of undermining the Constitution, going so far as to give the military the power to strip Americans of their constitutional rights, label them extremists, and detain them indefinitely without trial, all in the name of keeping America safe.

Despite the fact that the breadth of the military’s power to detain American citizens violates not only U.S. law and the Constitution but also international laws, the government has refused to relinquish its detention powers made possible by the NDAA.

Then Donald Trump took office, claiming the country was being invaded by dangerous immigrants and insisting that the only way to keep America safe was to expand the reach of the border police, empower the military to “assist” with border control, and essentially turn the country into a Constitution-free zone.

That so-called immigration crisis then morphed into multiple crises (domestic extremism, the COVID-19 pandemic, race wars, civil unrest, etc.) that the government has been eager to use in order to expand its powers.

Joe Biden, in turn, has made every effort to expand the reach of the militarized police state, pledging to hire 87,000 more IRS agents and 100,000 police officers, and allowing the FBI to operate as standing army.

What the next crisis will be is anyone’s guess, but you can be sure that there will be a next crisis.

So, what should you expect if the government decides to declare another state of emergency and institutes a nationwide lockdown?

You should expect more of the same, only worse.

More compliance, less resistance.

More fear-mongering, mind-control tactics and less tolerance for those who question the government’s propaganda-driven narratives.

Most of all, you should expect more tyranny and less freedom.

Given the government’s past track record and its long-anticipated plans for using armed forces to solve domestic political and social problems in response to a future crisis, there’s every reason to worry about what comes next.

Mark my words: as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, if and when another crisis arises—if and when a nationwide lockdown finally hits—if and when martial law is enacted with little real outcry or resistance from the public— then we will truly understand the extent to which the powers-that-be have fully succeeded in acclimating us to a state of affairs in which the government has all the power and “we the people” have none. 

In the meantime, if all we do to reclaim our freedoms and regain control over our runaway government is vote for yet another puppet of the Deep State, by the time the next crisis arises, it may well be too late.

Source: http://tinyurl.com/3sn4waec

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

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

Technocensorship: The Government’s War on So-Called Dangerous Ideas

Posted: August 1, 2023 in Uncategorized
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“There is more than one way to burn a book. And the world is full of people running about with lit matches.”—Ray Bradbury

What we are witnessing is the modern-day equivalent of book burning which involves doing away with dangerous ideas—legitimate or not—and the people who espouse them.Seventy years after Ray Bradbury’s novel Fahrenheit 451 depicted a fictional world in which books are burned in order to suppress dissenting ideas, while televised entertainment is used to anesthetize the populace and render them easily pacified, distracted and controlled, we find ourselves navigating an eerily similar reality.

Welcome to the age of technocensorship.

On paper—under the First Amendment, at least—we are technically free to speak.

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

Case in point: internal documents released by the House Judiciary Select Subcommittee on Weaponization of the Federal Government confirmed what we have long suspected: that the government has been working in tandem with social media companies to censor speech.

By “censor,” we’re referring to concerted efforts by the government to muzzle, silence and altogether eradicate any speech that runs afoul of the government’s own approved narrative.

This is political correctness taken to its most chilling and oppressive extreme.

The revelations that Facebook worked in concert with the Biden administration to censor content related to COVID-19, including humorous jokes, credible information and so-called disinformation, followed on the heels of a ruling by a federal court in Louisiana that prohibits executive branch officials from communicating with social media companies about controversial content in their online forums.

Likening the government’s heavy-handed attempts to pressure social media companies to suppress content critical of COVID vaccines or the election to “an almost dystopian scenario,” Judge Terry Doughty warned that “the United States Government seems to have assumed a role similar to an Orwellian ‘Ministry of Truth.’”

This is the very definition of technofascism.

Clothed in tyrannical self-righteousness, technofascism is powered by technological behemoths (both corporate and governmental) working in tandem to achieve a common goal.

The government is not protecting us from “dangerous” disinformation campaigns. It is laying the groundwork to insulate us from “dangerous” ideas that might cause us to think for ourselves and, in so doing, challenge the power elite’s stranglehold over our lives.

Thus far, the tech giants have been able to sidestep the First Amendment by virtue of their non-governmental status, but it’s a dubious distinction at best when they are marching in lockstep with the government’s dictates.

As Philip Hamburger and Jenin Younes write for The Wall Street Journal: “The First Amendment prohibits the government from ‘abridging the freedom of speech.’ Supreme Court doctrine makes clear that government can’t constitutionally evade the amendment by working through private companies.”

Nothing good can come from allowing the government to sidestep the Constitution.

The steady, pervasive censorship creep that is being inflicted on us by corporate tech giants with the blessing of the powers-that-be threatens to bring about a restructuring of reality straight out of Orwell’s 1984, where the Ministry of Truth polices speech and ensures that facts conform to whatever version of reality the government propagandists embrace.

Orwell intended 1984 as a warning. Instead, it is being used as a dystopian instruction manual for socially engineering a populace that is compliant, conformist and obedient to Big Brother.

This is the slippery slope that leads to the end of free speech as we once knew it.

In a world increasingly automated and filtered through the lens of artificial intelligence, we are finding ourselves at the mercy of inflexible algorithms that dictate the boundaries of our liberties.

Once artificial intelligence becomes a fully integrated part of the government bureaucracy, there will be little recourse: we will all be subject to the intransigent judgments of techno-rulers.

This is how it starts.

First, the censors went after so-called extremists spouting so-called “hate speech.”

Then they went after so-called extremists spouting so-called “disinformation” about stolen elections, the Holocaust, and Hunter Biden.

By the time so-called extremists found themselves in the crosshairs for spouting so-called “misinformation” about the COVID-19 pandemic and vaccines, the censors had developed a system and strategy for silencing the nonconformists.

Eventually, depending on how the government and its corporate allies define what constitutes “extremism, “we the people” might all be considered guilty of some thought crime or other.

Whatever we tolerate now—whatever we turn a blind eye to—whatever we rationalize when it is inflicted on others, whether in the name of securing racial justice or defending democracy or combatting fascism, will eventually come back to imprison us, one and all.

Watch and learn.

We should all be alarmed when any individual or group—prominent or not—is censored, silenced and made to disappear from Facebook, Twitter, YouTube and Instagram for voicing ideas that are deemed politically incorrect, hateful, dangerous or conspiratorial.

Given what we know about the government’s tendency to define its own reality and attach its own labels to behavior and speech that challenges its authority, this should be cause for alarm across the entire political spectrum.

Here’s the point: you don’t have to like or agree with anyone who has been muzzled or made to disappear online because of their views, but to ignore the long-term ramifications of such censorship is dangerously naïve, because whatever powers you allow the government and its corporate operatives to claim now will eventually be used against you by tyrants of your own making.

As Glenn Greenwald writes for The Intercept:

The glaring fallacy that always lies at the heart of pro-censorship sentiments is the gullible, delusional belief that censorship powers will be deployed only to suppress views one dislikes, but never one’s own views… Facebook is not some benevolent, kind, compassionate parent or a subversive, radical actor who is going to police our discourse in order to protect the weak and marginalized or serve as a noble check on mischief by the powerful. They are almost always going to do exactly the opposite: protect the powerful from those who seek to undermine elite institutions and reject their orthodoxies. Tech giants, like all corporations, are required by law to have one overriding objective: maximizing shareholder value. They are always going to use their power to appease those they perceive wield the greatest political and economic power.

Be warned: it’s a slippery slope from censoring so-called illegitimate ideas to silencing truth.

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

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

It’s happening already.

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

Little by little, Americans are being conditioned to accept routine incursions on their freedoms.

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

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

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

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

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

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

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

In Easter Island’s case, as Diamond speculates:

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

Sound painfully familiar yet?

We’ve already torn down the rich forest of liberties established by our founders. It has vanished slowly, over the decades. The erosion of our freedoms has happened so incrementally, no one seems to have noticed. Only the older generations, remembering what true freedom was like, recognize the difference. Gradually, the freedoms enjoyed by the citizenry have become fewer, smaller and less important. By the time the last freedom falls, no one will know the difference.

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

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

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, we are on that downward slope now.

Source: https://tinyurl.com/3hvbehax

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

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

Whether You Live in a Small Town or a Big City, the Government Is Still Out to Get You

Posted: July 26, 2023 in Uncategorized
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“I can’t remember what all Frank had fighting in the jar that day, but I can remember other bug fights we staged later on: one stag beetle against a hundred red ants, one centipede against three spiders, red ants against black ants. They won’t fight unless you keep shaking the jar. And that’s what Frank was doing, shaking, shaking the jar.”— Kurt Vonnegut, Cat’s Cradle

There’s a meme that circulated on social media a while back that perfectly sums up the polarized, manipulated mayhem, madness and tyranny that is life in the American police state today:

“If you catch 100 red fire ants as well as 100 large black ants, and put them in a jar, at first, nothing will happen. However, if you violently shake the jar and dump them back on the ground the ants will fight until they eventually kill each other. The thing is, the red ants think the black ants are the enemy and vice versa, when in reality, the real enemy is the person who shook the jar. This is exactly what’s happening in society today. Liberal vs. Conservative. Black vs. White. Pro Mask vs. Anti Mask. The real question we need to be asking ourselves is who’s shaking the jar … and why?”

Whether red ants will really fight black ants to the death is a question for the biologists, but it’s an apt analogy of what’s playing out before us on the political scene and a chilling lesson in social engineering that keeps us fixated on circus politics and conveniently timed spectacles, distracted from focusing too closely on the government’s power grabs, and incapable of focusing on who’s really shaking the jar.

This controversy over Jason Aldean’s country music video, “Try That In a Small Town,” which is little more than authoritarian propaganda pretending to be respect for law and order, is just more of the same.

The music video, riddled with images of militarized police facing off against rioters, implies that there are only two types of people in this country: those who stand with the government and those who oppose it.

Yet the song gets it wrong.

You see, it makes no difference whether you live in a small town or a big city, or whether you stand with the government or mobilize against it: either way, the government is still out to get you.

Indeed, the government’s prosecution of the Jan. 6 protesters (part of a demographic that might relate to the frontier justice sentiments in Aldean’s song) is a powerful reminder that the police state doesn’t discriminate when it comes to hammering away at those who challenge its authority.

It also serves to underscore the government’s tone-deaf hypocrisy in the face of its own double-crossing, double-dealing, double standards.

Imagine: the very same government that violates the rights of its citizenry at almost every turn is considering charging President Trump with conspiring against the rights of the American people.

It’s so ludicrous as to be Kafkaesque.

If President Trump is indicted over the events that culminated in the Capitol riots of Jan. 6, 2021, the government could hinge part of their case on Section 241 of Title 18 of the U.S. Code, which makes it a crime for two or more people to “conspire to injure, oppress, threaten or intimidate” anyone “with intent to prevent or hinder his free exercise or enjoyment of any right or privilege” the person enjoys under the U.S. Constitution.

That the government, which now constitutes the greatest threat to our freedoms, would appoint itself the so-called defender of our freedoms shows exactly how farcical, topsy-turvy, and downright perverse life in the American police state has become.

Unfortunately, “we the people” are partially to blame for allowing this double standard to persist.

While we may claim to value freedom, privacy, individuality, equality, diversity, accountability, and government transparency, our actions and those of our government rulers contradict these much-vaunted principles at every turn.

Even though the government continues to betray our trust, invade our privacy, and abuse our rights, we just keep going back for more.

For instance, we claim to disdain the jaded mindset of the Washington elite, and yet we continue to re-elect politicians who lie, cheat and steal.

We claim to disapprove of the endless wars that drain our resources and spread thin our military, and yet we repeatedly buy into the idea that patriotism equals supporting the military.

We claim to chafe at taxpayer-funded pork barrel legislation for roads to nowhere, documentaries on food fights, and studies of mountain lions running on treadmills, and yet we pay our taxes meekly and without raising a fuss of any kind.

We claim to object to the militarization of our local police forces and their increasingly battlefield mindset, and yet we do little more than shrug our shoulders over SWAT team raids and police shootings of unarmed citizens.

And then there’s our supposed love-hate affair with technology, which sees us bristling at the government’s efforts to monitor our internet activities, listen in on our phone calls, read our emails, track our every movement, and punish us for what we say on social media, and yet we keep using these very same technologies all the while doing nothing about the government’s encroachments on our rights.

By tacitly allowing these violations to continue and legitimizing a government that has long since ceased to operate within the framework of the Constitution, we not only empower the tyrant but we feed the monster.

This is exactly how incremental encroachments on our rights, justified in the name of greater safety, become routine, wide-ranging abuses so entrenched as to make reform all but impossible.

We saw this happen with the police and their build-up of military arsenal, ostensibly to fight the war on drugs. The result: a transformation of America’s law enforcement agencies into extensions of the military, populated with battle-hardened soldiers who view “we the people” as enemy combatants.

The same thing happened with the government’s so-called efforts to get tough on crime by passing endless laws outlawing all manner of activities. The result: an explosion of laws criminalizing everything from parenting decisions and fishing to gardening and living off the grid.

Then there were the private prisons, marketed as a way to lower the government’s cost of locking up criminals. Only it turns out that private prisons actually cost the taxpayer more money and place profit incentives on jailing more Americans, resulting in the largest prison population in the world.

In the same way, the government campaign to spy on our phone calls, letters and emails was sold to the American people as a necessary tool in the war on terror. Instead of targeting terrorists, however, the government turned us into potential terrorists, so that if we dare say the wrong thing in a phone call, letter, email or on the internet, especially social media, we end up investigated, charged and possibly jailed.

The tactics follow the same script: first, the government lures us in with a scheme to make our lives better, our families safer, and our communities more secure, and then once we take the bait, they slam the trap closed and turn “we the people” into Enemy Number One.

Despite how evident it is that we are mere tools to be used and abused and manipulated for the power elite’s own diabolical purposes, we somehow fail to see their machinations for what they truly are: thinly veiled attempts to expand their power and wealth at our expense.

So here we are, caught in a vicious cycle of in-fighting and partisan politics, all the while the government—which never stops shaking the jar—is advancing its agenda to lockdown the nation.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, until we can face up to that truth and forge our own path back to a world in which freedom means something again, we’re going to be stuck in this wormhole of populist anger, petty politics and destruction that is pitting us one against the other.

In that scenario, no one wins, whether you live in a small town or big city.

Source: https://tinyurl.com/59pbu6pk

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

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

Targeted for Tyranny: We’re All Suspects Under the Government’s Precrime Program

Posted: July 12, 2023 in Uncategorized
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“There is now the capacity to make tyranny total in America.”― James Bamford, journalist

We’re all being targeted now.

We’re all guilty until proven innocent now.

And thanks to the 24/7 surveillance being carried out by the government’s spy network of fusion centers, we are all now sitting ducks, just waiting to be tagged, flagged, targeted, monitored, manipulated, investigated, interrogated, heckled and generally harassed by agents of the American police state.

Although these precrime programs are popping up all across the country, in small towns and big cities, they are not making us any safer but they are endangering individual freedoms.

Nationwide, there are upwards of 123 real-time crime centers (a.k.a. fusion centers), which allow local police agencies to upload and share massive amounts of surveillance data and intelligence with state and federal agencies culled from surveillance cameras, facial recognition technology, gunshot sensors, social media monitoring, drones and body cameras, and artificial intelligence-driven predictive policing algorithms.

These data fusion centers, which effectively create an electronic prison—a digital police state—from which there is no escape, are being built in partnership with big tech companies such as Microsoft, Google and Amazon, which helped to fuel the rise of police militarization and domestic surveillance.

While these latest expansions of the surveillance state are part of the Biden Administration’s efforts to combat domestic extremism through the creation of a “precrime” crime prevention agency, they have long been a pivotal part of the government’s plans for total control and dominion.

Yet this crime prevention campaign is not so much about making America safer as it is about ensuring that the government has the wherewithal to muzzle anti-government discontent, penalize anyone expressing anti-government sentiments, and preemptively nip in the bud any attempts by the populace to challenge the government’s authority or question its propaganda.

As J.D. Tuccille writes for Reason, “[A]t a time when government officials rage against ‘misinformation’ and ‘disinformation’ that is often just disagreement with whatever opinions are currently popular among the political class, fusion centers frequently scrutinize peaceful dissenting speech.”

Indeed, while the Biden Administration was recently dealt a legal blow over its attempts to urge social media companies to do more to combat so-called dis- and mis-information, these fusion centers are the unacknowledged powerhouses behind the government’s campaign to censors and retaliate against those who vocalize their disagreement and discontent with government policies.

Already, the powers-that-be are mobilizing to ensure that fusion centers have the ability to monitor and lockdown sectors of a community at a moment’s notice.

For instance, a 42,000-square-foot behemoth of a fusion center in downtown Washington is reportedly designed to “better prepare law enforcement for the next public health emergency or Jan. 6-style attack.” According to an agency spokeswoman, “Screens covering the walls of the new facility will show surveillance cameras around the city as well as social media accounts that may be monitored for threatening speech.”

It’s like a scene straight out of Steven Spielberg’s dystopian film Minority Report, set in 2054, where police agencies harvest intelligence from widespread surveillance, behavior prediction technologies, data mining, precognitive technology, and neighborhood and family snitch programs in order to capture would-be criminals before they can do any damage.

Incredibly, as the various nascent technologies employed and shared by the government and corporations alike—facial recognition, iris scanners, massive databases, behavior prediction software, and so on—are incorporated into a complex, interwoven cyber network aimed at tracking our movements, predicting our thoughts and controlling our behavior, the dystopian visions of past writers is fast becoming our reality.

Our world is now characterized by widespread surveillance, behavior prediction technologies, data mining, fusion centers, driverless cars, voice-controlled homes, facial recognition systems, cybugs and drones, and predictive policing (pre-crime) aimed at capturing would-be criminals before they can do any damage.

What once seemed futuristic no longer occupies the realm of science fiction.

The American police state’s take on the dystopian terrors foreshadowed by George Orwell, Aldous Huxley and Phillip K. Dick have all been rolled up into one oppressive pre-crime and pre-thought crime package.

In this way, the novel 1984 has become an operation manual for an omnipresent, modern-day surveillance state in which ordinary Americans find themselves labeled domestic extremists for engaging in lawful behavior that triggers the government’s precrime sensors.

The technocrats who run the surveillance state don’t even have to break a sweat while monitoring what you say, what you read, what you write, where you go, how much you spend, whom you support, and with whom you communicate and then classifying you as a danger.

Computers now do the tedious work of trolling social media, the internet, text messages and phone calls for potentially anti-government remarks, all of which is carefully recorded, documented, and stored to be used against you someday at a time and place of the government’s choosing.

In this way, with the help of automated eyes and ears, a growing arsenal of high-tech software, hardware and techniques, government propaganda urging Americans to turn into spies and snitches, as well as social media and behavior sensing software, government agents are spinning a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports aimed at snaring potential enemies of the state.

It’s also a setup ripe for abuse.

For instance, an investigative report by the Brennan Center found that “Over the last two decades, leaked materials have shown fusion centers tracking protestors and casting peaceful activities as potential threats. Their targets have included racial justice and environmental advocates, right-wing activists, and third-party political candidates.”

One fusion center in Maine was found to have been “illegally collecting and sharing information about Maine residents who weren’t suspected of criminal activity. They included gun purchasers, people protesting the construction of a new power transmission line, the employees of a peacebuilding summer camp for teenagers, and even people who travelled to New York City frequently.”

In one Florida county, police have been using their precrime program to generate “lists of people it considers likely to break the law, based on arrest histories, unspecified intelligence and arbitrary decisions by police analysts.” Then, according to the Tampa Bay Times, deputies are deployed “to find and interrogate anyone whose name appears, often without probable cause, a search warrant or evidence of a specific crime. They swarm homes in the middle of the night, waking families and embarrassing people in front of their neighbors. They write tickets for missing mailbox numbers and overgrown grass, saddling residents with court dates and fines. They come again and again, making arrests for any reason they can.”

The goal? “Make their lives miserable until they move or sue.”

This is how the government is turning a nation of citizens into suspects and would-be criminals.

This transformation is being driven by the Department of Homeland Security (DHS), the agency 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.

Twenty years after being formed in the wake of 9/11, the DHS is a massive, costly, power-hungry bureaucracy working hard to ensure that the government is all-seeing, all-knowing and all-powerful.

Yet here’s the thing: you don’t have to do anything illegal or challenge the government’s authority in order to be flagged as a suspicious character, labeled an enemy of the state and locked up like a dangerous criminal.

In fact, all you need to do is use certain trigger words, surf the internet, communicate using a cell phone, drive a car, stay at a hotel, purchase materials at a hardware store, take flying or boating lessons, appear suspicious to a neighbor, question government authority, or generally live in the United States.

The following activities are guaranteed to get you censored, surveilled, eventually placed on a government watch list, possibly detained and potentially killed.

Use harmless trigger words like cloud, pork and pirates. Use a cell phone. Drive a car. Attend a political rally. Express yourself on social media. Serve in the military. Disagree with a law enforcement official. Call in sick to work. Limp or stutter. Appear confused or nervous, fidget, whistle or smell bad. Allow yourself to be seen in public waving a toy gun or anything remotely resembling a gun, such as a water nozzle or a remote control or a walking cane, for instance. Stare at a police officer. Appear to be pro-gun, pro-freedom or anti-government. Attend a public school. Speak truth to power.

It’s just a matter of time before you find yourself wrongly accused, investigated and confronted by police based on a data-driven algorithm or risk assessment culled together by a computer program run by artificial intelligence.

Before long, every household in America will be flagged as a threat and assigned a threat score.

Without having ever knowingly committed a crime or been convicted of one, you and your fellow citizens have likely been assessed for behaviors the government might consider devious, dangerous or concerning; assigned a threat score based on your associations, activities and viewpoints; and catalogued in a government database according to how you should be approached by police and other government agencies based on your particular threat level.

Combine predictive policing with surveillance, overcriminalization and precrime programs, then add in militarized police trained to shoot first and ask questions later, and as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, you’ll be lucky to escape with your life.

If you’re not scared yet, you should be.

Source: https://tinyurl.com/226j6cyc

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

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

Circle the Wagons: The Government Is On the Warpath

Posted: July 5, 2023 in Uncategorized
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“Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.”—Harry S. Truman

How many Americans have actually bothered to read the Constitution, let alone the first ten amendments to the Constitution, the Bill of Rights (a quick read at 462 words)?

Take a few minutes and read those words for yourself—rather than having some court or politician translate them for you—and you will be under no illusion about where to draw the line when it comes to speaking your mind, criticizing your government, defending what is yours, doing whatever you want on your own property, and keeping the government’s nose out of your private affairs.

In an age of overcriminalization, where the average citizen unknowingly commits three crimes a day, and even the most mundane activities such as fishing and gardening are regulated, government officials are constantly telling Americans what not to do.

Yet it was not always this way.

It used to be “we the people” giving the orders, telling the government what it could and could not do. Indeed, the three words used most frequently throughout the Bill of Rights in regards to the government are “no,” “not” and “nor.”

Compare the following list of “don’ts” the government is prohibited from doing with the growing list of abuses to which “we the people” are subjected on a daily basis, and you will find that we have reached a state of crisis wherein the government is routinely breaking the law and violating its contractual obligations. 

For instance, the government is NOT allowed to restrict free speech, press, assembly or the citizenry’s ability to protest and correct government wrongdoing. Nevertheless, the government continues to prosecute whistleblowers, persecute journalists, criminalize expressive activities, crack down on large gatherings of citizens mobilizing to voice their discontent with government policies, and insulate itself and its agents from any charges of wrongdoing (or what the courts refer to as “qualified immunity”).

The government may NOT infringe on a citizen’s right to defend himself. Nevertheless, in many states, it’s against the law to carry a concealed weapon (gun, knife or even pepper spray), and the average citizen is permitted little self-defense against militarized police officers who shoot first and ask questions later.

The government may NOT enter or occupy a citizen’s house without his consent (the quartering of soldiers). Nevertheless, government soldiers (i.e., militarized police) carry out more than 80,000 no-knock raids on private homes every year, while maiming children, killing dogs and shooting citizens.

The government may NOT carry out unreasonable searches and seizures on the citizenry or their possessions, NOR can government officials issue warrants without some evidence of wrongdoing (probable cause). Unfortunately, what is unreasonable to the average American is completely reasonable to a government agent, for whom the ends justify the means. In such a climate, we have no protection against roadside strip searches, blood draws, DNA collection, SWAT team raids, surveillance or any other privacy-stripping indignity to which the government chooses to subject us.

The government is NOT to deprive anyone of life, liberty or property without due process. Nevertheless, the government continues to incarcerate tens of thousands of Americans whose greatest crime is being poor and not white. The same goes for those who are put to death, some erroneously, by a system weighted in favor of class and wealth.

The government may NOT take private property for public use without just compensation. Nevertheless, under the guise of the “greater public interest,” the government often hides behind eminent domain laws in order to allow megacorporations to tear down homes occupied by less prosperous citizens in order to build high-priced resorts and shopping malls.

Government agents may NOT force a citizen to testify against himself. Yet what is the government’s extensive surveillance network that spies on all of our communications but a thinly veiled attempt at using our own words against us?

The government is NOT permitted to claim any powers that are not expressly granted to them by the Constitution. This prohibition has become downright laughable as the government continues to claim for itself every authority that serves to swell its coffers, cement its dominion, and expand its reach.

Despite what some special interest groups have suggested to the contrary, the problems we’re experiencing today did not arise because the Constitution has outlived its usefulness or become irrelevant, nor will they be solved by a convention of states or a ratification of the Constitution.

No, the problem goes far deeper.

It can be traced back to the point at which “we the people” were overthrown as the center of the government. As a result, our supremacy has been undone, our authority undermined, and our experiment in democratic self-governance left in ruins.

No longer are we the rulers of this land. We have long since been deposed and dethroned, replaced by corporate figureheads with no regard for our sovereignty, no thought for our happiness, and no respect for our rights.

In other words, without our say-so and lacking any mandate, the point of view of the Constitution has been shifted from “we the people” to “we the government.” Our taxpayer-funded employees—our appointed servants—have stopped looking upon us as their superiors and started viewing as their inferiors.

Unfortunately, we’ve gotten so used to being dictated to by government agents, bureaucrats and militarized police alike that we’ve forgotten that WE are supposed to be the ones calling the shots and determining what is just, reasonable and necessary.

Then again, we’re not the only ones guilty of forgetting that the government was established to serve us as well as obey us. Every branch of government, from the Executive to the Judicial and Legislative, seems to be suffering this same form of amnesia. Certainly, when government programs are interpreted from the government’s point of view (i.e., the courts and legislatures), there is little the government CANNOT do in its quest for power and control.

We’ve been so brainwashed and indoctrinated into believing that the government is actually looking out for our best interests, when in fact the only compelling interesting driving government programs is maintain power and control by taking away our money and control. This vital truth, that the government exists for our benefit and operates at our behest, seems to have been lost in translation over two centuries dominated by government expansion, endless wars and centralized federal power.

Have you ever wondered why the Constitution begins with those three words “we the people”? It was intended to be a powerful reminder that everything flows from the citizenry. We the people are the center of the government and the source of its power. That “we” is crucial because it reminds us that there is power and safety in numbers, provided we stand united. We can accomplish nothing alone.

This is the underlying lesson of the Constitution, which outlines the duties and responsibilities of government. It was a mutual agreement formed by early Americans in order to ensure that when problems arose, they could address them together.

It’s like the wagon trains of the Old West, comprised of individual groups of pioneers. They rarely ventured out alone but instead traveled as convoys. And when faced with a threat, these early Americans formed their wagons into a tight circle in order to defend against invaders. In doing so, they presented a unified front and provided protection against an outside attack.

In much the same way, the Constitution was intended to work as an institutionalized version of the wagon circle, serving as a communal shield against those who would harm us.

Unfortunately, we have been ousted from that protected circle, left to fend for ourselves in the wilderness that is the American frontier today. Those who did the ousting—the courts, the politicians, and the corporations—have since replaced us with yes-men, shills who dance to the tune of an elite ruling class. In doing so, they have set themselves as the central source of power and the arbiters of what is just and reasonable.

Once again, we’re forced to navigate hostile terrain, unsure of how to protect ourselves and our loved ones from militarized police, weaponized drones, fusion centers, Stingray devices, SWAT team raids, the ongoing military drills on American soil, the government stockpiling of ammunition, the erection of mass detention centers across the country, and all other manner of abuses.

Read the smoke signals, and the warning is clear: the government is on the warpath.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, if we are to have any hope of surviving whatever is coming at us, it’s time to circle the wagons, folks.

Source: https://tinyurl.com/3eabx9y7

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

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

A State of Martial Law: America Is a Military Dictatorship Disguised as a Democracy

Posted: June 27, 2023 in Uncategorized
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“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance?”—Thomas Jefferson

The government is goosestepping all over our freedoms.

Case in point: America’s founders did not want a military government ruled by force. Rather, they opted for a republic bound by the rule of law: the U.S. Constitution.

Yet sometime over the course of the past 240-plus years that constitutional republic has been transformed into a military dictatorship disguised as a democracy.

Most Americans seem relatively untroubled by this state of martial law.

Incredibly, when President Biden bragged about how the average citizen doesn’t stand a chance against the government’s massive arsenal of militarized firepower, it barely caused a ripple.

As Biden remarked at a fundraising event in California, “I love these guys who say the Second Amendment is—you know, the tree of liberty is water with the blood of patriots. Well, if [you] want to do that, you want to work against the government, you need an F-16.  You need something else than just an AR-15.”

The message being sent to the citizenry is clear: there is no place in our nation today for the kind of revolution our forefathers mounted against a tyrannical government.

For that matter, the government has declared an all-out war on any resistance whatsoever by the citizenry to its mandates, power grabs and abuses.

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

This is no longer the stuff of speculation and warning.

For years, the government has been warning against the dangers of domestic terrorism, erecting surveillance systems to monitor its own citizens, creating classification systems to label any viewpoints that challenge the status quo as extremist, and training law enforcement agencies to equate anyone possessing anti-government views as a domestic terrorist.

A 2008 Army War College report revealed that “widespread civil violence inside the United States would force the defense establishment to reorient priorities in extremis to defend basic domestic order and human security.” The 44-page report goes on to warn that potential causes for such civil unrest could include another terrorist attack, “unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters.”

Subsequent reports by the Department of Homeland Security to identify, monitor and label right-wing and left-wing activists and military veterans as extremists (a.k.a. terrorists) have manifested into full-fledged pre-crime surveillance programs. Almost a decade later, after locking down the nation and spending billions to fight terrorism, the DHS concluded that the greater threat is not ISIS but domestic right-wing extremism.

Rounding out this profit-driven campaign to turn American citizens into enemy combatants (and America into a battlefield) is a technology sector that is colluding with the government to create a Big Brother that is all-knowing, all-seeing and inescapable. It’s not just the drones, fusion centers, license plate readers, stingray devices and the NSA that you have to worry about. You’re also being tracked by the black boxes in your cars, your cell phone, smart devices in your home, grocery loyalty cards, social media accounts, credit cards, streaming services such as Netflix, Amazon, and e-book reader accounts.

The events of recent years have all been part of a master plan to shut us up and preemptively shut us down: by making peaceful revolution impossible and violent revolution inevitable.

The powers-that-be want an excuse to lockdown the nation and throw the switch to all-out martial law.

This is how it begins.

As John Lennon warned, “When it gets down to having to use violence, then you are playing the system’s game. The establishment will irritate you—pull your beard, flick your face—to make you fight. Because once they’ve got you violent, then they know how to handle you.”

Already, discontent is growing.

According to a USA TODAY/Suffolk University poll, 7 out of 10 Americans believe that American democracy is “imperiled.”

Americans are worried about the state of their country, afraid of an increasingly violent and oppressive federal government, and tired of being treated like suspects and criminals.

What we’ll see more of before long is a growing dissatisfaction with the government and its heavy-handed tactics by people who are tired of being used and abused and are ready to say “enough is enough.”

This is what happens when a parasitical government muzzles the citizenry, fences them in, herds them, brands them, whips them into submission, forces them to ante up the sweat of their brows while giving them little in return, and then provides them with little to no outlet for voicing their discontent.

Our backs are against the proverbial wall.

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

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

Brace yourselves.

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 political theater and public spectacle 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 architects of the police state have us exactly where they want us: under their stamping boot, gasping for breath, desperate for freedom, grappling for some semblance of a future that does not resemble the totalitarian prison being erected around us.

The government and its cohorts have conspired to ensure that the only real recourse the American people have to express their displeasure with the government is through voting, yet that is no real recourse at all.

Yet as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, what is unfolding before us is not a revolution. This is an anti-revolution.

We are at our most vulnerable right now.

Source: https://tinyurl.com/te6y8nak

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

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

FBI Make-Work Entrapment Schemes: Creating Criminals in Order to Arrest Them

Posted: June 20, 2023 in Uncategorized
Tags: , , , , , , ,
1

“Whoever fights monsters should see to it that in the process he does not become a monster.”— Friedrich Nietzsche

We’re not dealing with a government that exists to serve its people, protect their liberties and ensure their happiness.

Rather, we are the unfortunate victims of the diabolical machinations of a make-works program carried out on an epic scale whose only purpose is to keep the powers-that-be permanently (and profitably) employed.

Case in point: the FBI.

The government’s henchmen have become the embodiment of how power, once acquired, can be so easily corrupted and abused. Indeed, far from being tough on crime, FBI agents are also among the nation’s most notorious lawbreakers.

Whether the FBI is planting undercover agents in churches, synagogues and mosques; issuing fake emergency letters to gain access to Americans’ phone records; using intimidation tactics to silence Americans who are critical of the government, or persuading impressionable individuals to plot acts of terror and then entrapping them, the overall impression of the nation’s secret police force is that of a well-dressed thug, flexing its muscles and doing the boss’ dirty work.

Clearly, this is not a government agency that appears to understand, let alone respect, the limits of the Constitution.

Indeed, this same government agency has a pattern and practice of entrapment that involves targeting vulnerable individuals, feeding them with the propaganda, know-how and weapons intended to turn them into terrorists, and then arresting them as part of an elaborately orchestrated counterterrorism sting.

Basically, it works like this: in order to justify their crime-fighting superpowers, the FBI manufactures criminals by targeting vulnerable individuals and feeding them anti-government propaganda; then, undercover agents and informants equip the targeted individuals with the training and resources to challenge what they’ve been indoctrinated into believing is government corruption; and finally, the FBI arrests the targeted individuals for engaging in anti-government, terrorist activities.

This is what passes for the government’s perverse idea of being tough on crime.

For example, undercover FBI agents pretending to be associated with ISIS have been accused of seeking out online and befriending a 16-year-old with brain development issues, persuading him to secretly send them small cash donations in the form of gift cards, and then the moment Mateo Ventura, turned 18, arresting him for providing financial support to an Islamic terrorist group.

If convicted, the teenager could spend up to 10 years in prison.

Yet as The Intercept explains, “the only ‘terrorist’ he is accused of ever being in contact with was an undercover FBI agent who befriended him online as a 16-year-old… This law enforcement tactic has been criticized by national security researchers who have scrutinized the FBI’s role in manufacturing terrorism cases using vulnerable people who would have been unable to commit crimes without prolonged government assistance and encouragement… the Ventura case may indicate that authorities are still open to conjuring terrorists where none existed.”

In another incident, the FBI used an undercover agent/informant to seek out and groom an impressionable young man, cultivating his friendship, gaining his sympathy, stoking his outrage over injustices perpetrated by the U.S. government, then enlisting his help to blow up the Herald Square subway station. Despite the fact that Shahawar Matin Siraj ultimately refused to plant a bomb at the train station, he was arrested for conspiring to do so at the urging of his FBI informant and used to bolster the government’s track record in foiling terrorist plots. Of course, no mention was made of the part the government played in fabricating the plot, recruiting a would-be bomber, and setting him up to take the fall.

These are Machiavellian tactics with far-reaching consequences for every segment of the population, no matter what one’s political leanings, but it is especially dangerous for anyone whose views could in any way be characterized as anti-government.

As Rozina Ali writes for The New York Times Magazine, “The government’s approach to counterterrorism erodes constitutional protections for everyone, by blurring the lines between speech and action and by broadening the scope of who is classified as a threat.”

For instance, it was reported that the FBI had been secretly carrying out an entrapment scheme in which it used a front company, ANOM, to sell purportedly hack-proof phones to organized crime syndicates and then used those phones to spy on them as they planned illegal drug shipments, plotted robberies and put out contracts for killings using those boobytrapped phones.

All told, the FBI intercepted 27 million messages over the course of 18 months.

What this means is that the FBI was also illegally spying on individuals using those encrypted phones who may not have been involved in any criminal activity whatsoever.

Even reading a newspaper article is now enough to get you flagged for surveillance by the FBI. The agency served a subpoena on USA Today / Gannett to provide the internet addresses and mobile phone information for everyone who read a news story online on a particular day and time about the deadly shooting of FBI agents.

This is the danger of allowing the government to carry out widespread surveillance, sting and entrapment operations using dubious tactics that sidestep the rule of law: “we the people” become suspects and potential criminals, while government agents, empowered to fight crime using all means at their disposal, become indistinguishable from the corrupt forces they seek to vanquish.  

To go after terrorists, they become terrorists.

To go after drug smugglers, they become drug smugglers.

To go after thieves, they become thieves.

For instance, when the FBI raided a California business that was suspected of letting drug dealers anonymously stash guns, drugs and cash in its private vaults, agents seized the contents of all the  safety deposit boxes and filed forfeiture motions to keep the contents, which include millions of dollars’ worth of valuables owned by individuals not accused of any crime whatsoever.

It’s hard to say whether we’re dealing with a kleptocracy (a government ruled by thieves), a kakistocracy (a government run by unprincipled career politicians, corporations and thieves that panders to the worst vices in our nature and has little regard for the rights of American citizens), or if we’ve gone straight to an idiocracy. 

This certainly isn’t a constitutional democracy, however.

Some days, it feels like the FBI is running its own crime syndicate complete with mob rule and mafia-style justice.

In addition to creating certain crimes in order to then “solve” them, the FBI also gives certain informants permission to break the law, “including everything from buying and selling illegal drugs to bribing government officials and plotting robberies,” in exchange for their cooperation on other fronts.

USA Today estimates that agents have authorized criminals to engage in as many as 15 crimes a day (5600 crimes a year). Some of these informants are getting paid astronomical sums: one particularly unsavory fellow, later arrested for attempting to run over a police officer, was actually paid $85,000 for his help laying the trap for an entrapment scheme.

In a stunning development reported by The Washington Post, a probe into misconduct by an FBI agent resulted in the release of at least a dozen convicted drug dealers from prison.

In addition to procedural misconduct, trespassing, enabling criminal activity, and damaging private property, the FBI’s laundry list of crimes against the American people includes surveillance, disinformation, blackmail, entrapment, intimidation tactics, and harassment.

For example, the Associated Press lodged a complaint with the Dept. of Justice after learning that FBI agents created a fake AP news story and emailed it, along with a clickable link, to a bomb threat suspect in order to implant tracking technology onto his computer and identify his location. Lambasting the agency, AP attorney Karen Kaiser railed, “The FBI may have intended this false story as a trap for only one person. However, the individual could easily have reposted this story to social networks, distributing to thousands of people, under our name, what was essentially a piece of government disinformation.”

Then again, to those familiar with COINTELPRO, an FBI program created to “disrupt, misdirect, discredit, and neutralize” groups and individuals the government considers politically objectionable, it should come as no surprise that the agency has mastered the art of government disinformation.

The FBI has been particularly criticized in the wake of the 9/11 terrorist attacks for targeting vulnerable individuals and not only luring them into fake terror plots but actually equipping them with the organization, money, weapons and motivation to carry out the plots—entrapment—and then jailing them for their so-called terrorist plotting. This is what the FBI characterizes as “forward leaning—preventative—prosecutions.”

The FBI has also repeatedly sought to expand its invasive hacking powers to allow agents to hack into any computer, anywhere in the world.

Suffice it to say that when and if a true history of the FBI is ever written, it will not only track the rise of the American police state but it will also chart the decline of freedom in America: how a nation that once abided by the rule of law and held the government accountable for its actions has steadily devolved into a police state where justice is one-sided, a corporate elite runs the show, representative government is a mockery, police are extensions of the military, surveillance is rampant, privacy is extinct, and the law is little more than a tool for the government to browbeat the people into compliance.

This is how tyranny rises and freedom falls.

The powers-that-be are not acting in our best interests.

Almost every tyranny being perpetrated by the U.S. government against the citizenry—purportedly to keep us safe and the nation secure—has come about as a result of some threat manufactured in one way or another by our own government.

Think about it.

Cyberwarfare. Terrorism. Bio-chemical attacks. The nuclear arms race. Surveillance. The drug wars. Domestic extremism. The COVID-19 pandemic.

In almost every instance, the U.S. government (often spearheaded by the FBI) has in its typical Machiavellian fashion sown the seeds of terror domestically and internationally in order to expand its own totalitarian powers.

Consider that this very same government has taken every bit of technology sold to us as being in our best interests—GPS devices, surveillance, nonlethal weapons, etc.—and used it against us, to track, control and trap us.

Are you getting the picture yet?

The U.S. government isn’t protecting us from threats to our freedoms.

The U.S. government is creating the threats to our freedoms. It is, as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the source of the threats to our freedoms.

Source: https://tinyurl.com/3epadpdc

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

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

Traitor to the Constitution: The U.S. Government Is the Real Criminal

Posted: June 14, 2023 in Uncategorized
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0

“The most dangerous man to any government is the man who is able to think things out for himself, without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane and intolerable.”—H.L. Mencken

And so it continues.

This entire fiasco—indicting Donald Trump for allegedly violating both the Espionage Act and obstructing justice by improperly handling classified records—is merely the latest in a never-ending series of distractions, distortions, and political theater aimed at diverting the public’s attention from the sinister advances of the American Deep State.

Don’t allow yourselves to be distracted, diverted or mesmerized by the cheap theater tricks.

This indictment spectacle is Shakespearean in its scope: full of sound and fury, signifying nothing.

Nothing is the key word here.

Despite the wall-to-wall media coverage, this is all just smoke and mirrors.

Mark my words: the government is as corrupt and self-serving as ever, dominated by two political factions that pretend to be at odds with each other all the while moving in lockstep to maintain the status quo.

If you really want to talk about who’s guilty of treason, set your sights higher: indict the government for overstepping its authority, abusing its power, disregarding the rule of law, and betraying the American people.

When we refer to the “rule of law,” that’s constitutional shorthand for the idea that everyone is treated the same under the law, everyone is held equally accountable to abiding by the law, and no one is given a free pass based on their politics, their connections, their wealth, their status or any other bright line test used to confer special treatment on the elite.

When the government and its agents no longer respect the rule of law—the Constitution—or believe that it applies to them, then the very contract on which this relationship is based becomes invalid.

This abuse of power has been going on for so long that it has become the norm, the Constitution be damned.

There are hundreds—make that thousands—of government bureaucrats who are getting away with murder (in many cases, literally) simply because the legislatures, courts and the citizenry can’t be bothered to make them play by the rules of the Constitution.

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

For too long now, the American people have played politics with their principles and turned a blind eye to all manner of wrongdoing when it was politically expedient, allowing the government to wreak havoc with their freedoms and act in violation of the rule of law.

“We the people” are paying the price for it now.

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

It’s the nature of the beast: power corrupts.

Worse, as 19th-century historian Lord Acton concluded, absolute power corrupts absolutely.

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

The republic has fallen.

The Deep State’s plot to take over America has succeeded.

The American system of representative government has been overthrown by a profit-driven, militaristic, corporate oligarchy bent on total control and global domination through the imposition of martial law here at home and by fomenting wars abroad.

Even now, we are being pushed and prodded towards a civil war, not because the American people are so divided but because that’s how corrupt governments control a populace (i.e., divide and conquer).

These are dangerous times.

These are indeed dangerous times but not because of violent crime or terrorism or illegal immigration.

No, the real danger that we face comes from none other than the U.S. government and the powers it has granted to its standing armies to rob, steal, cheat, harass, detain, brutalize, terrorize, torture and kill American citizens with immunity.

The danger “we the people” face comes from masked invaders on the government payroll who crash through our doors in the dark of night, shoot our dogs, and terrorize our families.

This danger comes from militarized henchmen on the government payroll who demand absolute obedience, instill abject fear, and shoot first and ask questions later.

This danger comes from greedy, power-hungry bureaucrats on the government payroll who have little to no understanding of their constitutional limits.

This danger comes from greedy politicians and corporations for whom profit trumps principle.

Consider, if you will, all of the dastardly, devious, diabolical, dangerous, debilitating, deceitful, dehumanizing, demonic, depraved, dishonorable, disillusioning, discriminatory, dictatorial schemes inflicted on “we the people” by a bureaucratic, totalitarian regime that has long since ceased to be “a government of the people, by the people and for the people.”

  • Americans have no protection against police abuse.
  • Americans are little more than pocketbooks to fund the police state.
  • Americans are no longer innocent until proven guilty.
  • Americans no longer have a right to private property.
  • Americans no longer have a say about what their children are exposed to in school.
  • Americans are powerless in the face of militarized police.
  • Americans no longer have a right to bodily integrity.
  • Americans no longer have a right to the expectation of privacy.
  • Americans can no longer rely on the courts to mete out justice.
  • Americans no longer have a representative government.

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

Indictments, impeachments and elections will not save us.

History may show that from this point forward, we will have left behind any semblance of constitutional government and entered into a totalitarian state where all citizens are suspects and security trumps freedom.

Even with its constantly shifting terrain, this topsy-turvy travesty of law and government has become America’s new normal.

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

There can be no denying that the world is indeed a dangerous place, but it’s the government that poses the gravest threat to our freedoms and way of life, and no amount of politicking, parsing or pandering will change that.

It is easy to be diverted, distracted and amused by political circuses and entertainment spectacles.

What is far more difficult to face up to is the reality of life in America, where “we the people” are at a distinct disadvantage in the face of the government elite’s power grabs, greed and firepower.

The Constitution doesn’t stand a chance against a federalized, globalized standing army protected by legislative, judicial and executive branches that are all on the same side.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, no matter what political views they subscribe to: suffice it to say, they are not on our side or the side of freedom.

That is the real betrayal.

Source: https://tinyurl.com/bp9jbxtf

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

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

Rule by Decree: The Emergency State’s Plot to Override the Constitution

Posted: June 6, 2023 in Uncategorized
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“Rule by indefinite emergency edict risks leaving all of us with a shell of a democracy and civil liberties just as hollow.”—Justice Neil Gorsuch

We have become a nation in a permanent state of emergency.

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

COVID-19, for example, served as the driving force behind what Supreme Court Justice Neil Gorsuch characterized as “the greatest intrusions on civil liberties in the peacetime history of this country.”

In a statement attached to the Supreme Court’s ruling in Arizona v. Mayorkas, a case that challenged whether the government could continue to use it pandemic powers even after declaring the public health emergency over, Gorsuch provided a catalog of the many ways in which the government used COVID-19 to massively overreach its authority and suppress civil liberties:

“Executive officials across the country issued emergency decrees on a breathtaking scale. Governors and local leaders imposed lockdown orders forcing people to remain in their homes. They shuttered businesses and schools, public and private. They closed churches even as they allowed casinos and other favored businesses to carry on. They threatened violators not just with civil penalties but with criminal sanctions too. They surveilled church parking lots, recorded license plates, and issued notices warning that attendance at even outdoor services satisfying all state social-distancing and hygiene requirements could amount to criminal conduct. They divided cities and neighborhoods into color-coded zones, forced individuals to fight for their freedoms in court on emergency timetables, and then changed their color-coded schemes when defeat in court seemed imminent.

“Federal executive officials entered the act too.  Not just with emergency immigration decrees. They deployed a public-health agency to regulate landlord-tenant relations nationwide. They used a workplace-safety agency to issue a vaccination mandate for most working Americans.  They threatened to fire noncompliant employees, and warned that service members who refused to vaccinate might face dishonorable discharge and confinement.  Along the way, it seems federal officials may have pressured social-media companies to suppress information about pandemic policies with which they disagreed.

“While executive officials issued new emergency decrees at a furious pace, state legislatures and Congress—the bodies normally responsible for adopting our laws—too often fell silent.  Courts bound to protect our liberties addressed a few—but hardly all—of the intrusions upon them. In some cases, like this one, courts even allowed themselves to be used to perpetuate emergency public-health decrees for collateral purposes, itself a form of emergency-lawmaking-by-litigation.”

Yet while the government’s (federal and state) handling of the COVID-19 pandemic delivered a knockout blow to our civil liberties, empowering the police state to flex its powers by way of a bevy of lockdowns, mandates, restrictions, contact tracing programs, heightened surveillance, censorship, overcriminalization, etc., it was merely one crisis in a long series of crises that the government has shamelessly exploited in order to justify its power grabs and acclimate the citizenry to a state of martial law disguised as emergency powers.

These attempts to use various crises to override the Constitution are still happening.

It doesn’t even matter what the nature of the crisis might be: civil unrest, the national emergencies, “unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters.”

They have all become fair game to a government that continues to quietly assemble, test and deploy emergency powers a long laundry list of terrifying powers that override the Constitution and can be activated at a moment’s notice.

We’re talking about lockdown powers (at both the federal and state level): the ability to suspend the Constitution, indefinitely detain American citizens, bypass the courts, quarantine whole communities or segments of the population, override the First Amendment by outlawing religious gatherings and assemblies of more than a few people, shut down entire industries and manipulate the economy, muzzle dissidents, “stop and seize any plane, train or automobile to stymie the spread of contagious disease,” reshape financial markets, create a digital currency (and thus further restrict the use of cash), determine who should live or die.

While these are powers the police state has been working to make permanent, they barely scratch the surface of the far-reaching powers the government has unilaterally claimed for itself without any pretense of being reined in or restricted in its power grabs by Congress, the courts or the citizenry.

As David C. Unger, observes in The Emergency State: America’s Pursuit of Absolute Security at All Costs:

“For seven decades we have been yielding our most basic liberties to a secretive, unaccountable emergency state – a vast but increasingly misdirected complex of national security institutions, reflexes, and beliefs that so define our present world that we forget that there was ever a different America. … Life, liberty, and the pursuit of happiness have given way to permanent crisis management: to policing the planet and fighting preventative wars of ideological containment, usually on terrain chosen by, and favorable to, our enemies. Limited government and constitutional accountability have been shouldered aside by the kind of imperial presidency our constitutional system was explicitly designed to prevent.”

This rise of an “emergency state” that justifies all manner of government tyranny in the so-called name of national security is all happening according to schedule.

The civil unrest, the national emergencies, “unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters,” the government’s reliance on the armed forces to solve domestic political and social problems, the implicit declaration of martial law packaged as a well-meaning and overriding concern for the nation’s security: the powers-that-be have been planning and preparing for such a crisis for years now.

The seeds of this ongoing madness were sown several decades ago when George W. Bush stealthily issued two presidential directives that granted the president the power to unilaterally declare a national emergency, which is loosely defined as “any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions.“

Comprising the country’s Continuity of Government (COG) plan, these directives (National Security Presidential Directive 51 and Homeland Security Presidential Directive 20), which do not need congressional approval, provide a skeletal outline of the actions the president will take in the event of a “national emergency.”

Just what sort of actions the president will take once he declares a national emergency can barely be discerned from the barebones directives. However, one thing is clear: in the event of a national emergency, the COG directives give unchecked executive, legislative and judicial power to the president.

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

Essentially, the president would become a dictator for life.

It has happened already.

As we have witnessed in recent years, that national emergency can take any form, can be manipulated for any purpose and can be used to justify any end goal—all on the say so of the president.

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

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

Remember, these powers do not expire at the end of a president’s term. They remain on the books, just waiting to be used or abused by the next political demagogue.

So, too, every action taken by the current occupant of the White House and his predecessors to weaken the system of checks and balances, sidestep the rule of law, and expand the power of the executive branch of government makes us that much more vulnerable to those who would abuse those powers in the future.

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

The Executive Branch’s willingness to circumvent the Constitution by leaning heavily on the president’s so-called emergency powers constitutes a gross perversion of what limited power the Constitution affords the president.

As law professor William P. Marshall explains, “every extraordinary use of power by one President expands the availability of executive branch power for use by future Presidents.” Moreover, it doesn’t even matter whether other presidents have chosen not to take advantage of any particular power, because “it is a President’s action in using power, rather than forsaking its use, that has the precedential significance.”

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

All of the imperial powers amassed by Obama, Bush, Trump and now Biden—to kill American citizens without due process, to detain suspects (including American citizens) indefinitely, to strip Americans of their citizenship rights, to carry out mass surveillance on Americans without probable cause, to wage wars without congressional authorization, to suspend laws during wartime, to disregard laws with which he might disagree, to conduct secret wars and convene secret courts, to sanction torture, to sidestep the legislatures and courts with executive orders and signing statements, to direct the military to operate beyond the reach of the law, to establish a standing army on American soil, to operate a shadow government, to declare national emergencies for any manipulated reason, and to act as a dictator and a tyrant, above the law and beyond any real accountability—have become a permanent part of the president’s toolbox of terror.

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

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

As an investigative report by the Brennan Center explains:

“There are currently 41 declared national emergencies, most of which have been in place for more than a decade… Some of the emergency powers Congress has made available to the president are so breathtaking in their vastness that they would make an autocrat do a spit take. Presidents can use emergency declarations to shut down communications infrastructure, freeze private assets without judicial process, control domestic transportation, or even suspend the prohibition on government testing of chemical and biological agents on unwitting human subjects.”

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

We must recalibrate the balance of power.

For starters, Congress should put an end to the use of presidential executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements as a means of getting around Congress and the courts.

At a minimum, as The Washington Post suggests, “all emergency declarations [s]hould expire automatically after three or six months, whereupon Congress would need to vote upon any proposed extension. It is time for both parties to recognize that governing via endless crises — even when they are employed to implement broadly popular policies that win plaudits from key political constituencies — subverts our system of constitutional government.”

We’ve got to start making both the president and the police state play by the rules of the Constitution.

As Justice Gorsuch recognized:

“Fear and the desire for safety are powerful forces. They can lead to a clamor for action—almost any action—as long as someone does something to address a perceived threat. A leader or an expert who claims he can fix everything, if only we do exactly as he says, can prove an irresistible force. We do not need to confront a bayonet, we need only a nudge, before we willingly abandon the nicety of requiring laws to be adopted by our legislative representatives and accept rule by decree. Along the way, we will accede to the loss of many cherished civil liberties—the right to worship freely, to debate public policy without censorship, to gather with friends and family, or simply to leave our homes. We may even cheer on those who ask us to disregard our normal lawmaking processes and forfeit our personal freedoms. Of course, this is no new story. Even the ancients warned that democracies can degenerate toward autocracy in the face of fear.”

Unfortunately, the process of unseating a dictator and limiting the powers of the presidency is far from simple but at a minimum, as I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, it must start with “we the people.”

Source: https://tinyurl.com/2p8ecp8h

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

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