Posts Tagged ‘Constitution’

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.

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.

“In a time of deceit telling the truth is a revolutionary act.”— George Orwell

Let’s be clear about one thing: seditious conspiracy isn’t a real crime to anyone but the U.S. government.

To be convicted of seditious conspiracy, the charge levied against Stewart Rhodes who was sentenced to 18 years in prison for being the driving force behind the January 6 Capitol riots, one doesn’t have to engage in violence against the government, vandalize government property, or even trespass on property that the government has declared off-limits to the general public.

To be convicted of seditious conspiracy, one need only foment a revolution.

This is not about whether Rhodes deserves such a hefty sentence.

This is about the long-term ramifications of empowering the government to wage war on individuals whose political ideas and expression challenge the government’s power, reveal the government’s corruption, expose the government’s lies, and encourage the citizenry to push back against the government’s many injustices.

This is about criminalizing political expression in thoughts, words and deeds.

This is about how the government has used the events of Jan. 6 in order to justify further power grabs and acquire more authoritarian emergency powers.    

This was never about so-called threats to democracy.

In fact, the history of this nation is populated by individuals whose rhetoric was aimed at fomenting civil unrest and revolution.

Indeed, by the government’s own definition, America’s founders were seditious conspirators based on the heavily charged rhetoric they used to birth the nation.

Thomas Jefferson, Thomas Paine, Marquis De Lafayette, and John Adams would certainly have been charged for suggesting that Americans should not only take up arms but be prepared to protect their liberties and defend themselves against the government should it violate their rights.

“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms,” declared Jefferson. He also concluded that “the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

“It is the duty of the patriot to protect his country from its government,” insisted Paine.

“When the government violates the people’s rights,” Lafayette warned, “insurrection is, for the people and for each portion of the people, the most sacred of the rights and the most indispensable of duties.”

Adams cautioned, “A settled plan to deprive the people of all the benefits, blessings and ends of the contract, to subvert the fundamentals of the constitution, to deprive them of all share in making and executing laws, will justify a revolution.”

Had America’s founders feared revolutionary words and ideas, there would have been no First Amendment, which protects the right to political expression, even if that expression is anti-government.

No matter what one’s political persuasion might be, every American has a First Amendment right to protest government programs or policies with which they might disagree.

The right to disagree with and speak out against the government is the quintessential freedom.

Every individual has a right to speak truth to power—and foment change—using every nonviolent means available.

Unfortunately, the government is increasingly losing its tolerance for anyone whose political views could be perceived as critical or “anti-government.”

All of us are in danger.

In recent years, the government has used the phrase “domestic terrorist” interchangeably with “anti-government,” “extremist” and “terrorist” to describe anyone who might fall somewhere on a very broad spectrum of viewpoints that could be considered “dangerous.”

The ramifications are so far-reaching as to render almost every American with an opinion about the government or who knows someone with an opinion about the government an extremist in word, deed, thought or by association.

You see, the government doesn’t care if you or someone you know has a legitimate grievance. It doesn’t care if your criticisms are well-founded. And it certainly doesn’t care if you have a First Amendment right to speak truth to power.

What the government cares about is whether what you’re thinking or speaking or sharing or consuming as information has the potential to challenge its stranglehold on power.

Why else would the FBI, CIA, NSA and other government agencies be investing in corporate surveillance technologies that can mine constitutionally protected speech on social media platforms such as Facebook, Twitter and Instagram?

Why else would the Biden Administration be likening those who share “false or misleading narratives and conspiracy theories, and other forms of mis- dis- and mal-information” to terrorists?

Why else would the government be waging war against those who engage in thought crimes?

Get ready for the next phase of the government’s war on thought crimes and truth-tellers.

For years now, the government has used all of the weapons in its vast arsenal—surveillance, threat assessments, fusion centers, pre-crime programs, hate crime laws, militarized police, lockdowns, martial law, etc.—to target potential enemies of the state based on their ideologies, behaviors, affiliations and other characteristics that might be deemed suspicious or dangerous.

For instance, if you believe in and exercise your rights under the Constitution (namely, your right to speak freely, worship freely, associate with like-minded individuals who share your political views, criticize the government, own a weapon, demand a warrant before being questioned or searched, or any other activity viewed as potentially anti-government, racist, bigoted, anarchic or sovereign), you could be at the top of the government’s terrorism watch list.

Moreover, as a New York Times editorial warns, you may be an anti-government extremist (a.k.a. domestic terrorist) in the eyes of the police if you are afraid that the government is plotting to confiscate your firearms, if you believe the economy is about to collapse and the government will soon declare martial law, or if you display an unusual number of political and/or ideological bumper stickers on your car.

According to one FBI report, you might also be classified as a domestic terrorism threat if you espouse conspiracy theories, especially if you “attempt to explain events or circumstances as the result of a group of actors working in secret to benefit themselves at the expense of others” and are “usually at odds with official or prevailing explanations of events.”

In other words, if you dare to subscribe to any views that are contrary to the government’s, you may well be suspected of being a domestic terrorist and treated accordingly.

There’s a whole spectrum of behaviors ranging from thought crimes and hate speech to whistleblowing that qualifies for persecution (and prosecution) by the Deep State.

Simply liking or sharing this article on Facebook, retweeting it on Twitter, or merely reading it or any other articles related to government wrongdoing, surveillance, police misconduct or civil liberties might be enough to get you categorized as a particular kind of person with particular kinds of interests that reflect a particular kind of mindset that might just lead you to engage in a particular kinds of activities and, therefore, puts you in the crosshairs of a government investigation as a potential troublemaker a.k.a. domestic extremist.

Chances are, as the Washington Post reports, you have already been assigned a color-coded threat score—green, yellow or red—so police are forewarned about your potential inclination to be a troublemaker depending on whether you’ve had a career in the military, posted a comment perceived as threatening on Facebook, suffer from a particular medical condition, or know someone who knows someone who might have committed a crime.

In other words, you might already be flagged as potentially anti-government in a government database somewhere—Main Core, for example—that identifies and tracks individuals who aren’t inclined to march in lockstep to the police state’s dictates.

As The Intercept reported, the FBI, CIA, NSA and other government agencies have increasingly invested in corporate surveillance technologies that can mine constitutionally protected speech on social media platforms such as Facebook, Twitter and Instagram in order to identify potential extremists and predict who might engage in future acts of anti-government behavior.

Where many Americans go wrong is in naively assuming that you have to be doing something illegal or harmful in order to be flagged and targeted for some form of intervention or detention.

In fact, all you need to do these days to end up on a government watch list or be subjected to heightened scrutiny is use certain trigger words (like cloud, pork and pirates), surf the internet, communicate using a cell phone, limp or stutterdrive a car, stay at a hotel, attend a political rally, express yourself on social mediaappear mentally ill, serve in the militarydisagree with a law enforcement officialcall in sick to work, purchase materials at a hardware store, take flying or boating lessons, appear suspicious, appear confused or nervous, fidget or whistle or smell bad, 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), stare at a police officer, question government authority, or appear to be pro-gun or pro-freedom.

And then at the other end of the spectrum there are those such as Julian Assange and Chelsea Manning, for example, who blow the whistle on government misconduct that is within the public’s right to know.

In true Orwellian fashion, the government would have us believe that it is Assange and Manning who are the real criminals for daring to expose the war machine’s seedy underbelly.

Since his April 2019 arrest, Assange has been locked up in a maximum-security British prison—in solitary confinement for up to 23 hours a day—pending extradition to the U.S., where if convicted, he could be sentenced to 175 years in prison.

This is how the police state deals with those who challenge its chokehold on power.

This is also why the government fears a citizenry that thinks for itself: because a citizenry that thinks for itself is a citizenry that is informed, engaged and prepared to hold the government accountable to abiding by the rule of law, which translates to government transparency and accountability.

After all, we’re citizens, not subjects.

For those who don’t fully understand the distinction between the two and why transparency is so vital to a healthy constitutional government, Manning explains it well:

When freedom of information and transparency are stifled, then bad decisions are often made and heartbreaking tragedies occur – too often on a breathtaking scale that can leave societies wondering: how did this happen? … I believe that when the public lacks even the most fundamental access to what its governments and militaries are doing in their names, then they cease to be involved in the act of citizenship. There is a bright distinction between citizens, who have rights and privileges protected by the state, and subjects, who are under the complete control and authority of the state.

This is why the First Amendment is so critical. It gives the citizenry the right to speak freely, protest peacefully, expose government wrongdoing, and criticize the government without fear of arrest, isolation or any of the other punishments that have been meted out to whistleblowers such as Edwards Snowden, Assange and Manning.

The challenge is holding the government accountable to obeying the law.

A little over 50 years ago, the U.S. Supreme Court ruled 6-3 in United States v. Washington Post Co. to block the Nixon Administration’s attempts to use claims of national security to prevent The Washington Post and The New York Times from publishing secret Pentagon papers on how America went to war in Vietnam.

As Justice William O. Douglas remarked on the ruling, “The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell.”

Fast forward to the present day, and we’re witnessing yet another showdown, this time between Assange and the Deep State, which pits the people’s right to know about government misconduct against the might of the military industrial complex.

Yet this isn’t merely about whether whistleblowers and journalists are part of a protected class under the Constitution. It’s a debate over how long “we the people” will remain a protected class under the Constitution.

Following the current trajectory, it won’t be long before anyone who believes in holding the government accountable is labeled an “extremist,” relegated to an underclass that doesn’t fit in, watched all the time, and rounded up when the government deems it necessary.

We’re almost at that point now.

Eventually, 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 will all be seditious conspirators in the eyes of the government.

We would do better to be conspirators for the Constitution starting right now.

Source: https://tinyurl.com/t5sz7t6e

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.

There is no more dangerous menace to civilization than a government of incompetent, corrupt, or vile men.”—Ludwig von Mises

Once again, the police state is up to its old tricks, stoking tensions over whether or not the government is forced to shut down, even partially, due to a default on the national debt.

Yet while these political games dominate news headlines, send the stock market into a nosedive, and put federal employees at risk of having to work without pay, nothing about these high-handed theatrics will diminish the immediate and very real dangers of the American Police State with its roadside strip searches, government surveillance, biometric databases, citizens being treated like terrorists, imprisonments for criticizing the government, national ID cards, SWAT team raids, censorship, forcible blood draws and DNA extractions, private prisons, weaponized drones, red light cameras, tasers, active shooter drills, police misconduct and government corruption.

Default or not, war will continue. Drone killings will continue. Surveillance will continue. Censorship and persecution of anyone who criticizes the government will continue. The government’s efforts to label dissidents as extremists and terrorists will continue.

Police shootings will continue. Highway robbery meted out by government officials will continue. Corrupt government will continue. Profit-driven prisons will continue. And the militarization of the police will continue.

Indeed, take a look at the programs and policies that will not be affected by a government default on its debt leading to a possible shutdown, and you’ll get a clearer sense of the government’s priorities, which have little to do with serving taxpayers and everything to do with amassing money, power and control.

Surveillance will continue unabated. On any given day, whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency, whether the NSA or some other entity, is listening in and tracking your behavior. Police have been outfitted with a litany of surveillance gear, from license plate readers and cell phone tracking devices to biometric data recorders. Technology now makes it possible for the police to scan passersby in order to detect the contents of their pockets, purses, briefcases, etc. Full-body scanners, which perform virtual strip-searches of Americans traveling by plane, have gone mobile, with roving police vans that peer into vehicles and buildings alike—including homes. Coupled with the nation’s growing network of real-time surveillance cameras and facial recognition software, soon there really will be nowhere to run and nowhere to hide.

Global spying will continue unabated. The NSA’s massive surveillance network, what the Washington Post refers to as a $500 billion “espionage empire,” will continue to span the globe and target every single person on the planet who uses a phone or a computer. The NSA’s Echelon program intercepts and analyzes virtually every phone call, fax and email message sent anywhere in the world. In addition to carrying out domestic surveillance on peaceful political groups such as Amnesty International, Greenpeace and several religious groups, Echelon has also been a keystone to the government’s attempts at political and corporate espionage.

Egregious searches will continue unabated. Under the pretext of protecting the nation’s infrastructure (roads, mass transit systems, water and power supplies, telecommunications systems and so on) against criminal or terrorist attacks, Transportation Security Administration (TSA) task forces (comprised of federal air marshals, surface transportation security inspectors, transportation security officers, behavior detection officers and explosive detection canine teams) will continue to do random security sweeps of nexuses of transportation, including ports, railway and bus stations, airports, ferries and subways. Sweep tactics include the use of x-ray technology, pat-downs and drug-sniffing dogs, among other things.

The undermining of the Constitution will continue unabated. America’s so-called war on terror, which it has relentlessly pursued since 9/11, has chipped away at our freedoms, unraveled our Constitution and transformed our nation into a battlefield, thanks in large part to such subversive legislation as the USA Patriot Act and National Defense Authorization Act. These laws—which completely circumvent the rule of law and the constitutional rights of American citizens, re-orienting our legal landscape in such a way as to ensure that martial law, rather than the rule of law, our U.S. Constitution, becomes the map by which we navigate life in the United States—will continue to be enforced.

Militarized policing will continue unabated. Thanks to federal grant programs allowing the Pentagon to transfer surplus military supplies and weapons to local law enforcement agencies without charge, police forces will continue to be transformed from peace officers into heavily armed extensions of the military, complete with jackboots, helmets, shields, batons, pepper-spray, stun guns, assault rifles, body armor, miniature tanks and weaponized drones. Having been given the green light to probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts, America’s law enforcement officials, no longer mere servants of the people entrusted with keeping the peace, will continue to keep the masses corralled, under control, and treated like suspects and enemies rather than citizens.

SWAT team raids will continue unabated. With more than 80,000 SWAT team raids carried out every year on unsuspecting Americans for relatively routine police matters and federal agencies laying claim to their own law enforcement divisions, the incidence of botched raids and related casualties will continue to rise. Nationwide, SWAT teams will continue to be employed to address an astonishingly trivial array of criminal activity or mere community nuisances including angry dogs, domestic disputes, improper paperwork filed by an orchid farmer, and misdemeanor marijuana possession.

Overcriminalization will continue unabated. The government bureaucracy will continue to churn out laws, statutes, codes and regulations that reinforce its powers and value systems and those of the police state and its corporate allies, rendering the rest of us petty criminals. The average American now unknowingly commits three felonies a day, thanks to this overabundance of vague laws that render otherwise innocent activity illegal. Consequently, small farmers who dare to make unpasteurized goat cheese and share it with members of their community will continue to have their farms raided.

The shadow government— a.k.a. the Deep State, a.k.a. the police state, a.k.a. the military industrial complex, a.k.a. the surveillance state complex—will continue unabated. This corporatized, militarized, entrenched bureaucracy that is fully operational and staffed by unelected officials will continue to call the shots in Washington DC, no matter who sits in the White House or controls Congress. By “government,” I’m not referring to the highly partisan, two-party bureaucracy of the Republicans and Democrats. Rather, I’m referring to “government” with a capital “G,” the entrenched Deep State that is unaffected by elections, unaltered by populist movements, and has set itself beyond the reach of the law.

These issues are not going away.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, they are the backbone of an increasingly aggressive authoritarian government, formed by an unholy alliance between the mega-corporations with little concern for the Constitution and elected officials and bureaucrats incapable or unwilling to represent the best interests of their constituents.

Whether or not the government runs out of borrowed money, it will remain business as usual in terms of the police state’s unceasing pursuit of greater powers and control.

Source: https://bit.ly/42StLGW

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.

“There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.”—James Madison

How far would you really go to secure the nation’s borders in the so-called name of national security?

Would you give the government limitless amounts of money? Surround the entire country with concrete walls and barbed wire? Erect a high-tech, virtual wall of AI-powered surveillance cameras and drones that does a better job of imprisoning those within its boundaries than keeping intruders out? Empower border police to trample on the rights of anyone who crosses their path, including legal citizens?

Relinquish some of your freedoms in exchange for the elusive promise of non-porous borders? Submit to a national ID card that allows the government to target individuals and groups as it chooses in order to identify those who do not “belong”? Turn a blind eye to private prisons and detainment camps that profit off the forced labor of its detainees?

Would you turn your backs on every constitutional principle for which our founders fought and died in exchange for empty campaign promises of elusive safety by fast-talking politicians?

This is the devil’s bargain that the U.S. government demands of its people.

These devilish deals have been foisted upon “we the people” before.

Every decade or so, the government makes the case for expanding its wartime powers and curtailing the citizenry’s freedom—in the war on terrorism, war on drugs, war on communism, war on foreigners, war on extremism, war on dissidents, war on peace activists, war on anti-government speech, etc.—all for the sake of national security, of course, and as expected, the American people fall in line.

Increasingly, the government wants us to buy into the fiction that its war on illegal immigrants is so necessary for national security that we should be grateful when roving bands of border patrol agents, flexing their muscles far beyond the nation’s borders, exercise their right to disregard the Constitution at every turn.

Except these border patrol cops aren’t just disregarding the Constitution.

They’re trampling all over the Constitution, especially the Fourth Amendment, which prohibits the government from carrying out egregious warrantless searches and seizures without probable cause.

As part of the government’s so-called crackdown on illegal immigration, drugs and trafficking, border patrol cops are expanding their reach, roaming further afield and subjecting greater numbers of Americans to warrantless searches, ID checkpoints, transportation checks, and even surveillance on private property far beyond the boundaries of the borderlands.

That so-called border, once a thin borderline, is now an ever-thickening band spreading deeper and deeper inside the country.

Consequently, nearly 66% of Americans (2/3 of the U.S. population, or 197.4 million people) now live within a 100-mile-deep, Constitution-free zone.

As journalist Todd Miller explains, that expanding border region now extends “100 miles inland around the United States—along the 2,000-mile southern border, the 4,000-mile northern border and both coasts… This ‘border’ region now covers places where two-thirds of the US population (197.4 million people) live… The ‘border’ has by now devoured the full states of Maine and Florida and much of Michigan.”

So much for walking that golden ribbon of highway.

In this authoritarian reshaping of America, you’d better watch where you roam and ramble, because you could find yourself wandering into the government’s ever-expanding, Constitution-free zone where freedom is off-limits and government agents have all the power and “we the people” have none.

Miller continues:

“In these vast domains, Homeland Security authorities can institute roving patrols with broad, extra-constitutional powers backed by national security, immigration enforcement and drug interdiction mandates. There, the Border Patrol can set up traffic checkpoints and fly surveillance drones overhead with high-powered cameras and radar that can track your movements. Within twenty-five miles of the international boundary, CBP [Customs and Border Protection] agents can enter a person’s private property without a warrant.”

These are definitely not Mayberry cops.

The CBP, with its more than 60,000 Customs and Border Protection employees, supplemented by the National Guard and the U.S. military, is an arm of the Department of Homeland Security (DHS), a national police force imbued with all the brutality, ineptitude and corruption such a role implies.

Just about every nefarious deed, tactic or thuggish policy advanced by the government today can be traced back to the DHS, its police state mindset, and the billions of dollars it distributes to local police agencies in the form of grants to transform them into extensions of the military.

As Miller points out, the government has turned the nation’s expanding border regions into “a ripe place to experiment with tearing apart the Constitution, a place where not just undocumented border-crossers, but millions of borderland residents have become the targets of continual surveillance.”

In much the same way that police across the country have been schooled in the art of sidestepping the Constitution, border cops have also been drilled in the art of “anything goes” in the name of national security.

In fact, according to FOIA documents shared with The Interceptborder cops even have a checklist of “possible behaviors” that warrant overriding the Constitution and subjecting individuals—including American citizens—to stops, searches, seizures, interrogations and even arrests.

For instance, if you’re driving a vehicle that to a border cop looks unusual in some way, you can be stopped.

If your passengers look dirty or unusual, you can be stopped.

If you or your passengers avoid looking at a cop, you can be stopped.

If you or your passengers look too long at a cop, you can be stopped.

If you’re anywhere near a border (near being within 100 miles of a border, or in a city, or on a bus, or at an airport), you can be stopped and asked to prove you’re legally allowed to be in the country.

If you’re traveling on a public road that smugglers and other criminals may have traveled, you can be stopped.

If you’re not driving in the same direction as other cars, you can be stopped.

If you appear to be avoiding a police checkpoint, you can be stopped.

If your car appears to be weighed down, you can be stopped.

If your vehicle is from out of town, wherever that might be, you can be stopped.

If you’re driving a make of car that criminal-types have also driven, you can be stopped.

If your car appears to have been altered or modified, you can be stopped.

If the cargo area in your vehicle is covered, you can be stopped.

If you’re driving during a time of day or night that border cops find suspicious, you can be stopped.

If you’re driving when border cops are changing shifts, you can be stopped.

If you’re driving in a motorcade or with another vehicle, you can be stopped.

If your car appears dusty, you can be stopped.

If people with you are trying to avoid being seen, or exhibiting “unusual” behavior, you can be stopped.

If you slow down after seeing a cop, you can be stopped.

Are you starting to get the picture yet?

This isn’t about illegal immigrants and border crossings at all.

It’s a test to see how hard “we the people” will fight to hold onto what remains of our freedoms.

If this is a test, we’re failing abysmally.

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

Indeed, as journalist Hayes Brown concludes, the United States has a long, dubious history of putting national security before people’s freedoms.

Certainly, it took no time at all for us to forget Benjamin Franklin’s warning that “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”

It was 1798 when Americans, their fears stoked by rumblings of a Quasi-War with France, chose safety over liberty when they failed to protest the Alien and Sedition Acts, which criminalized anti-government speech, empowered the government to deport “dangerous” non-citizens and made it harder for immigrants to vote.

During the Civil War, Americans went along when Abraham Lincoln suspended the writ of habeas corpus (the right to a speedy trial) and authorized government officials to spy on Americans’ mail.

During World War I, Americans took it in stride when  President Woodrow Wilson and Congress adopted the Espionage and Sedition Acts, which made it a crime to interfere with the war effort and criminalized any speech critical of war.

By World War II, Americans were marching in lockstep with the government’s expanding war powers to imprison Japanese-American citizens in detainment camps, censor mail, and lay the groundwork for the future surveillance state.

Fast-forward to the Cold War’s Red Scares, the McCarthy era’s hearings on un-American activities, and the government’s surveillance of Civil Rights activists such as Martin Luther King Jr.—all done in the name of national security.

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 was given greater powers to spy, search, detain and arrest American citizens in order to keep America safe.

The terrorist invasion never really happened, but the government kept its newly acquired police powers made possible by the nefarious USA Patriot 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 trialall 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 National Defense Authorization Act (NDAA).

Then Donald Trump claimed the only way to keep America safe from dangerous immigrants was to build an expensive border wall, expand the reach of border patrol, and empower the military to “assist” with border control.

Now you have Joe Biden sending thousands of active-duty troops to the southern border in order to deal with what they anticipate could be more than 10,000 illegal crossings per day.

It’s a state of affairs perfectly timed to stir up, divide and distract the populace, while expanding the reach of the police state under our noses.

Once the government acquires—and uses—additional powers (to spy on its citizens, to carry out surveillance, to transform its police forces into extensions of the police, 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.

It’s time “we the people” put our house in order.

Just look at the mess we’re in right now: political theatrics that keep the populace distracted while the police state clamps down, an economy that is disintegrating before our eyes, a surveillance state that is gearing up for total control, an aging national infrastructure that is falling apart, an appalling lack of leaders with moral backbones and civic knowledge, and a government that grows more authoritarian with every passing day.

The looming problem is not so much that the U.S. is being invaded by hostile forces at the border, but rather that the U.S. Constitution is under assault from within by a power-hungry cabal at the highest levels of power.

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 government is now the greatest threat to our safety, and there’s no border wall big enough to protect us from these ruffians in our midst.

Source: https://bit.ly/3Mfx45k

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.

“If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter.”—George Washington

What the police state wants is a silent, compliant, oblivious citizenry.

What the First Amendment affirms is an engaged citizenry that speaks truth to power using whatever peaceful means are available to us.

Speaking one’s truth doesn’t have to be the same for each person, and that truth doesn’t have to be palatable or pleasant or even factual.

We can be loud.

We can be obnoxious.

We can be politically incorrect.

We can be conspiratorial or mean or offensive.

We can be all these things because the First Amendment takes a broad, classically liberal approach to the free speech rights of the citizenry: in a nutshell, the government may not encroach or limit the citizenry’s right to freedom of religion, speech, press, assembly and protest.

This is why the First Amendment is so critical.

It gives the citizenry the right to speak freely, protest peacefully, expose government wrongdoing, and criticize the government without fear of retaliation, arrest or incarceration.

Nowhere in the First Amendment does it permit the government to limit speech in order to avoid causing offense, hurting someone’s feelings, safeguarding government secrets, protecting government officials, discouraging bullying, penalizing hateful ideas and actions, eliminating terrorism, combatting prejudice and intolerance, and the like.

When expressive activity crosses the line into violence, free speech protections end.

However, barring actual violence or true threats of violence, there is a vast difference between speech that is socially unpopular and speech that is illegal, and it’s an important distinction that depends on our commitment to safeguarding a robust First Amendment.

Increasingly, however, the courts and the government are doing away with that critical distinction, adopting the mindset that speech is only permissible if it does not offend, irritate, annoy, threaten someone’s peace of mind, or challenge the government’s stranglehold on power.

Take the case of Counterman v. Colorado which is before the U.S. Supreme Court.

Under the pretext of clamping down on online stalking, Colorado wants the power to be able to treat expressive activities on social media as threats without having to prove that the messages are both reasonably understood as threatening an illegal act and intended by the speaker as a threat.

While protecting people from stalking is certainly a valid concern and may be warranted in this particular case, the law does not require speech to be a “true threat” in order to be criminally punished. The Supreme Court has defined a “true threat” as “statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.”

Indeed, Colorado’s stalking law is so broad that a person can be charged with stalking for repeatedly contacting, surveilling or communicating with an individual in such a way that a reasonable person would feel serious emotional distress.

In the absence of any substantive guidelines on what constitutes a true threat on social media, such laws could empower the government to misinterpret any speaker’s intent and meaning in order to criminalize legitimate political speech that is critical of government officials and representatives.

Case in point: in Oklahoma, a street preacher who expressed his moral outrage over public drag queen performances that occur in front of children and churches that endorse same-sex marriage was given a five-year restraining order and threatened with arrest after citing Bible verses on social media about God’s judgment of sin.

The Rutherford Institute has taken on the case, warning that the ramifications of it going unchallenged could render anyone who quotes the Bible a criminal if it makes a listener feel unsafe or threatened or judged.

This is what it means to criminalize free speech: it turns those who exercise their free speech rights into criminals.

This criminalization of free speech, which is exactly what the government’s prosecution of those who say the “wrong” thing using an electronic medium amounts to, was at the heart of Elonis v. United States, a case that wrestled with where the government can draw the line when it comes to expressive speech that is protected and permissible versus speech that could be interpreted as connoting a criminal intent.

The case arose after Anthony Elonis, an aspiring rap artist, used personal material from his life as source material and inspiration for rap lyrics which he then shared on Facebook.

For instance, shortly after Elonis’ wife left him and he was fired from his job, his lyrics included references to killing his ex-wife, shooting a classroom of kindergarten children, and blowing up an FBI agent who had opened an investigation into his postings.

Despite the fact that Elonis routinely accompanied his Facebook posts with disclaimers that his lyrics were fictitious, and that he was using such writings as an outlet for his frustrations, he was charged with making unlawful threats (although it was never proven that he intended to threaten anyone) and sentenced to 44 months in jail.

The question the U.S. Supreme Court was asked to decide in Elonis was whether his activity, in the absence of any overt intention of committing a crime, rose to the level of a “true threat” or whether it was protected First Amendment activity.

In an 8-1 decision that concerned itself more with “criminal-law principles concerning intent rather than the First Amendment’s protection of free speech,” the Court ruled that prosecutors had not proven that Elonis intended to harm anyone beyond the words he used and context.

That was back in 2015.

Despite the Supreme Court’s ruling in Elonis, Corporate America has taken the lead in policing expressive activity online, with social media giants such as Facebook, Twitter and YouTube using their formidable dominance in the field to censor, penalize and regulate speech and behavior online by suspending and/or banning users whose content violated the companies’ so-called community standards for obscenity, violence, hate speech, discrimination, conspiracy theories, etc.

The fallout is as one would expect.

The internet has become a forum for the government—and its corporate partners—to monitor, control and punish the populace for speech that may be controversial but is far from criminal.

Everything is now fair game for censorship if it can be construed as hateful, hurtful, bigoted or offensive provided that it runs counter to the established viewpoint.

In this way, the most controversial issues of our day—race, religion, sex, sexuality, politics, science, health, government corruption, police brutality, etc.—have become battlegrounds for those who claim to believe in freedom (of religion, speech, assembly, press, redress, privacy, bodily integrity, etc.) but only when it favors the views and positions they support.

In more and more cases, the government is declaring war on what should be protected political speech whenever it challenges the government’s power, reveals the government’s corruption, exposes the government’s lies, and encourages the citizenry to push back against the government’s many injustices.

Indeed, there is a long and growing list of the kinds of speech that the government considers dangerous enough to red flag and subject to censorship, surveillance, investigation and prosecution: hate speech, conspiratorial speech, treasonous speech, threatening speech, inflammatory speech, radical speech, anti-government speech, extremist speech, etc.

In recent years, the government has used the phrase “domestic terrorist” interchangeably with “anti-government,” “extremist” and “terrorist” to describe anyone who might fall somewhere on a very broad spectrum of viewpoints that could be considered “dangerous.”

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 ramifications are so far-reaching as to render almost every American an extremist in word, deed, thought or by association.

You see, the government doesn’t care if you or someone you know has a legitimate grievance. It doesn’t care if your criticisms are well-founded. And it certainly doesn’t care if you have a First Amendment right to speak truth to power.

It just wants you to shut up.

Yet no matter what one’s political persuasion might be, the right to disagree with and speak out against the government is the quintessential freedom. When exercised regularly and defended vigorously, these First Amendment rights serve as a bulwark against tyranny.

Source: https://bit.ly/3KWX1oK

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.

This country has been having a nationwide nervous breakdown since 9/11. A nation of people suddenly broke, the market economy goes to shit, and they’re threatened on every side by an unknown, sinister enemy. But I don’t think fear is a very effective way of dealing with things—of responding to reality. Fear is just another word for ignorance.”—Hunter S. Thompson, gonzo journalist

We have become guinea pigs in a ruthlessly calculated, carefully orchestrated, chillingly cold-blooded experiment in how to control a population and advance a political agenda without much opposition from the citizenry.

This is mind-control in its most sinister form.

With alarming regularity, the nation is being subjected to a spate of violence that terrorizes the public, destabilizes the country, and gives the government greater justifications to crack down, lock down, and institute even more authoritarian policies for the so-called sake of national security without many objections from the citizenry.

Take this latest shooting in Nashville, Tenn.

The 28-year-old shooter (a clearly troubled transgender individual in possession of several military-style weapons) opened fire in a Christian elementary school, killing three children and three adults.

Already, fingers are being pointed and battle lines are being drawn.

Those who want safety at all costs are clamoring for more gun control measures (if not at an outright ban on assault weapons for non-military, non-police personnel), widespread mental health screening of the general population, more threat assessments and behavioral sensing warnings, more CCTV cameras with facial recognition capabilities, more “See Something, Say Something” programs aimed at turning Americans into snitches and spies, more metal detectors and whole-body imaging devices at soft targets, more roaming squads of militarized police empowered to do random bag searches, more fusion centers to centralize and disseminate information to law enforcement agencies, and more surveillance of what Americans say and do, where they go, what they buy and how they spend their time.

This is all part of the Deep State’s master plan.

Ask yourselves: why are we being bombarded with crises, distractions, fake news and reality TV politics? We’re being conditioned like lab mice to subsist on a steady diet of bread-and-circus politics and an endless spate of crises.

Caught up in this “crisis of the now,” the average person has a hard time keeping up with and remembering all of the “events,” manufactured or otherwise, which occur like clockwork in order to keep us distracted, deluded, amused, and insulated from reality.

As investigative journalist Mike Adams points out:

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

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

All the while, the government continues to amass more power and authority over the citizenry.

When we’re being bombarded with wall-to-wall news coverage and news cycles that change every few days, it’s difficult to stay focused on one thing—namely, holding the government accountable to abiding by the rule of law—and the powers-that-be understand this.

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

In other words, it’s all fake, i.e., manufactured, i.e., manipulated to distort reality.

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

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

As long as we are distracted, entertained, occasionally outraged, always polarized but largely uninvolved and content to remain in the viewer’s seat, we’ll never manage to present a unified front against tyranny (or government corruption and ineptitude) in any form.

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

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

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

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

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

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

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

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

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

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

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

It’s a phenomenon called “humilitainment.”

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

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

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

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

Ultimately, the reality shows, the entertainment news, the surveillance society, the militarized police, and the political spectacles have one common objective: to keep us divided, distracted, imprisoned, and incapable of taking an active role in the business of self-government.

Look behind the political spectacles, the reality TV theatrics, the sleight-of-hand distractions and diversions, and the stomach-churning, nail-biting drama, and you will find there is a method to the madness.

How do you change the way people think? You start by changing the words they use.

In totalitarian regimes—a.k.a. police states—where conformity and compliance are enforced at the end of a loaded gun, the government dictates what words can and cannot be used.

In countries where the police state hides behind a benevolent mask and disguises itself as tolerance, the citizens censor themselves, policing their words and thoughts to conform to the dictates of the mass mind.

Even when the motives behind this rigidly calibrated reorientation of societal language appear well-intentioned—discouraging racism, condemning violence, denouncing discrimination and hatred—inevitably, the end result is the same: intolerance, indoctrination, infantilism, the chilling of free speech and the demonizing of viewpoints that run counter to the cultural elite.

Labelling something as “fake news” is a masterful way of dismissing truth that may run counter to the ruling power’s own narrative.

As George Orwell recognized, “In times of universal deceit, telling the truth is a revolutionary act.”

Orwell understood only too well the power of language to manipulate the masses. In Orwell’s 1984, Big Brother does away with all undesirable and unnecessary words and meanings, even going so far as to routinely rewrite history and punish “thoughtcrimes.”

In this dystopian vision of the future, the Thought Police serve as the eyes and ears of Big Brother, while the Ministry of Peace deals with war and defense, the Ministry of Plenty deals with economic affairs (rationing and starvation), the Ministry of Love deals with law and order (torture and brainwashing), and the Ministry of Truth deals with news, entertainment, education and art (propaganda). The mottos of Oceania: WAR IS PEACE, FREEDOM IS SLAVERY, and IGNORANCE IS STRENGTH.

Orwell’s Big Brother relied on Newspeak to eliminate undesirable words, strip such words as remained of unorthodox meanings and make independent, non-government-approved thought altogether unnecessary.

Where we stand now is at the juncture of Oldspeak (where words have meanings, and ideas can be dangerous) and Newspeak (where only that which is “safe” and “accepted” by the majority is permitted).

Truth is often lost when we fail to distinguish between opinion and fact, and that is the danger we now face as a society. Anyone who relies exclusively on television/cable news hosts and political commentators for actual knowledge of the world is making a serious mistake.

Unfortunately, since Americans have by and large become non-readers, television has become their prime source of so-called “news.” This reliance on TV news has given rise to such popular news personalities who draw in vast audiences that virtually hang on their every word.

In our media age, these are the new powers-that-be.

Yet while these personalities often dispense the news like preachers used to dispense religion, with power and certainty, they are little more than conduits for propaganda and advertisements delivered in the guise of entertainment and news.

Given the preponderance of news-as-entertainment programming, it’s no wonder that viewers have largely lost the ability to think critically and analytically and differentiate between truth and propaganda, especially when delivered by way of fake news criers and politicians.

The bottom line is simply this: Americans should beware of letting others—whether they be television news hosts, political commentators or media corporations—do their thinking for them.

A populace that cannot think for themselves is a populace with its backs to the walls: mute in the face of elected officials who refuse to represent us, helpless in the face of police brutality, powerless in the face of militarized tactics and technology that treat us like enemy combatants on a battlefield, and naked in the face of government surveillance that sees and hears all.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, it’s time to change the channel, tune out the reality TV show, and push back against the real menace of the police state.

If not, if we continue to sit back and lose ourselves in political programming, we will remain a captive audience to a farce that grows more absurd by the minute.

Source: https://bit.ly/3G1cKkZ

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.

“I know the capability that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.”—Senator Frank Church on Meet The Press, 1975

If you give the government an inch, it will always take a mile.

This is how the slippery slope to all-out persecution starts.

Martin Niemöller’s warning about the widening net that ensnares us all, a warning issued in response to the threat posed by Nazi Germany’s fascist regime, still applies.

“First they came for the socialists, and I did not speak out—because I was not a socialist. Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist. Then they came for the Jews, and I did not speak out—because I was not a Jew. Then they came for me—and there was no one left to speak for me.

This particular slippery slope has to do with the government’s use of geofence technology, which uses cell phone location data to identify people who are in a particular area at any given time.

First, police began using geofence warrants to carry out dragnet sweeps of individuals near a crime scene.

Then the FBI used geofence warrants to identify individuals who were in the vicinity of the Capitol on Jan. 6, 2021.

It wasn’t long before government officials in California used cell phone and geofence data to track the number and movements of churchgoers on church grounds during the COVID-19 lockdowns.

If we’ve already reached the point where people praying and gathering on church grounds merits this level of government scrutiny and sanctions, we’re not too far from free-falling into a total surveillance state.

Dragnet geofence surveillance sweeps can and eventually will be used to target as a suspect every person in any given place at any given time and sweep them up into a never-ending virtual line-up in the hopes of matching a criminal to every crime.

There really can be no overstating the danger.

The government’s efforts to round up those who took part in the Jan. 6 Capitol protests provided a glimpse of exactly how vulnerable we all are to the menace of a surveillance state that aspires to a God-like awareness of our lives.

Relying on selfies, social media posts, location data, geotagged photos, facial recognition, surveillance cameras and crowdsourcing, government agents compiled a massive data trove on anyone and everyone who may have been anywhere in the vicinity of the Capitol on January 6, 2021.

Included in that data roundup were individuals who may have had nothing to do with the protests but whose cell phone location data identified them as being in the wrong place at the wrong time.

You didn’t even have to be involved in the Capitol protests to qualify for a visit from the FBI: investigators reportedly tracked—and questioned—anyone whose cell phones connected to wi-fi or pinged cell phone towers near the Capitol.

One man, who had gone out for a walk with his daughters only to end up stranded near the Capitol crowds, actually had FBI agents show up at his door days later. Using Google Maps, agents were able to pinpoint exactly where they were standing and for how long.

The massive amount of surveillance data available to the government is staggering.

As investigative journalists Charlie Warzel and Stuart A. Thompson explain, “This [surveillance] data…provide[s] an intimate record of people whether they were visiting drug treatment centers, strip clubs, casinos, abortion clinics or places of worship.

In such a surveillance ecosystem, we’re all suspects and databits to be tracked, catalogued and targeted.

Forget about being innocent until proven guilty.

Although the Constitution requires the government to provide solid proof of criminal activity before it can deprive a citizen of life or liberty, the government has turned that fundamental assurance of due process on its head.

Now, thanks to the digital trails and digital footprints we all leave behind, you start off guilty and have to prove your innocence.

In an age of overcriminalization, when the average American unknowingly commits at least three crimes a day, there is no one who would be spared.

The ramifications of empowering the government to sidestep fundamental due process safeguards are so chilling and so far-reaching as to put a target on the back of anyone who happens to be in the same place where a crime takes place.

As Warzel and Thompson warn:

“To think that the information will be used against individuals only if they’ve broken the law is naïve; such data is collected and remains vulnerable to use and abuse whether people gather in support of an insurrection or they justly protest police violence… This collection will only grow more sophisticated… It gets easier by the day… it does not discriminate. It harvests from the phones of MAGA rioters, police officers, lawmakers and passers-by. There is no evidence, from the past or current day, that the power this data collection offers will be used only to good ends. There is no evidence that if we allow it to continue to happen, the country will be safer or fairer.”

Saint or sinner, it doesn’t matter because we’re all being swept up into a massive digital data dragnet that does not distinguish between those who are innocent of wrongdoing, suspects, or criminals.

Case in point: consider what happened to Calvary Chapel during COVID-19.

Government officials in Santa Clara County, Calif., issued a shelter-in-place order in March 2020, dictating whom residents could see, where they could go, what they could do, and under what circumstances.

County officials imposed even harsher restrictions on churches, accompanied by the threat of crippling fines for those that did not comply with the lockdown orders.

Then Santa Clara officials reportedly used geofence surveillance technology to monitor the concentrations of congregants at Calvary Chapel during the COVID-19 lockdowns in 2020 and 2021, using their findings to justify levying nearly $3 million in public health fines against the church for violating the county’s strict pandemic restrictions.

Despite the U.S. Supreme Court’s ruling that similar restrictions unconstitutionally singled out houses of worship for especially harsh treatment and “struck “at the very heart of the First Amendment’s guarantee of religious liberty,” county officials have sought to collect millions of dollars in fines levied against churches, including Calvary Chapel, for violating the county’s mandates.

At a minimum, the use of geofence surveillance to monitor church attendees constitutes an egregious violation of the churchgoers’ Fourth Amendment rights and an attempt to undermine protected First Amendment activities relating to the freedom of speech, the free exercise of religion, and the right of the people peaceably to assemble.

Still, the government’s use of geofence surveillance goes way beyond its impact on church members and anyone in the vicinity of the Jan. 6 protests.

The ramifications for all of us are far-reaching.

Mass surveillance has been shown to chill lawful First Amendment activities, and historically has been used to stifle dissent, persecute activists, and harass marginalized communities.

A study conducted by Roger Clarke, the famed Australian specialist in data surveillance and privacy, indicates that the costs resulting from the erosion of personal privacy are so significant that they essentially threaten the very foundation of a democratic society.

Some of the most serious harms include:

  • A prevailing climate of suspicion and adversarial relationships
  • Inequitable application of the law
  • Stultification of originality
  • Weakening of society’s moral fiber and cohesion
  • Repressive potential for a totalitarian government
  • Blacklisting
  • Ex-ante discrimination and guilt prediction
  • Inversion of the onus of proof.

In other words, the chilling effects of pervasive surveillance give rise to a constant, justifiable fear in even the most compliant, law-abiding citizen.

Of course, that’s the point.

The government wants us muzzled, complacent and compliant.

So far, it’s working.

Americans are increasingly self-censoring and marching in lockstep with the government’s (and corporate America’s) dictates, whether out of fear or indoctrination, or a combination.

In the meantime, the use of geofence warrants continues to be debated in the legislatures and challenged in the courts. For instance, while a California court found that a broad geofence search warrant violated the Fourth Amendment, a federal district judge for the District of Columbia upheld the use of geofence warrants by police in connection with the events of Jan. 6.

No matter how the courts rule, however, one thing is clear: these dragnet geofence searches are well on their way to becoming the eyes and ears of a police state that views each and every one of us as a potential suspect, terrorist and lawbreaker.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, this is how technologies purportedly adopted to rout out dangerous criminals in our midst are used to conquer a free people.

Source: https://bit.ly/3LqQHro

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.

“Experience teaches us to be most on our guard to protect liberty when the government’s purposes are beneficent.”—Supreme Court Justice Louis D. Brandeis

There was a time when the census was just a head count.

That is no longer the case.

The American Community Survey (ACS), sent to about 3.5 million homes every year, is the byproduct of a government that believes it has the right to know all of your personal business.

If you haven’t already received an ACS, it’s just a matter of time.

A far cry from the traditional census, which is limited to ascertaining the number of persons living in each dwelling, their ages and ethnicities, the ownership of the dwelling and telephone numbers, the ACS contains some of the most detailed and intrusive questions ever put forth in a census questionnaire.

At 28 pages (with an additional 16-page instruction packet), these questions concern matters that the government simply has no business knowing, including questions relating to respondents’ bathing habits, home utility costs, fertility, marital history, work commute, mortgage, and health insurance, among other highly personal and private matters.

For instance, the ACS asks how many persons live in your home, along with their names and detailed information about them such as their relationship to you, marital status, race and their physical, mental and emotional problems, etc. The survey also asks how many bedrooms and bathrooms you have in your house, along with the fuel used to heat your home, the cost of electricity, what type of mortgage you have and monthly mortgage payments, property taxes and so on.

And then the survey drills down even deeper.

The survey demands to know how many days you were sick last year, how many automobiles you own and the number of miles driven, whether you have trouble getting up the stairs, and what time you leave for work every morning, along with highly detailed inquiries about your financial affairs. And the survey demands that you violate the privacy of others by supplying the names and addresses of your friends, relatives and employer.

The questionnaire also demands that you give other information on the people in your home, such as their educational levels, how many years of school were completed, what languages they speak and when they last worked at a job, among other things.

Individuals who receive the ACS must complete it or be subject to monetary penalties.

Although no reports have surfaced of individuals actually being penalized for refusing to answer the survey, the potential fines that can be levied for refusing to participate in the ACS are staggering. For every question not answered, there is a $100 fine. And for every intentionally false response to a question, the fine is $500. Therefore, if a person representing a two-person household refused to fill out any questions or simply answered nonsensically, the total fines could range from upwards of $10,000 and $50,000 for noncompliance.

While some of the ACS’ questions may seem fairly routine, the real danger is in not knowing why the information is needed, how it will be used by the government or with whom it will be shared.

In an age when the government has significant technological resources at its disposal to not only carry out warrantless surveillance on American citizens but also to harvest and mine that data for its own dubious purposes, whether it be crime-mapping or profiling based on whatever criteria the government wants to use to target and segregate the populace, the potential for abuse is grave.

As such, the ACS qualifies as a government program whose purpose, while sold to the public as routine and benign, raises significant constitutional concerns.

The Rutherford Institute has received hundreds of inquiries from individuals who have received the ACS and are not comfortable sharing such private, intimate details with the government or are unsettled by the aggressive tactics utilized by Census Bureau agents seeking to compel responses to ACS questions.

The following Q&A is provided as a resource to those who want to better understand their rights in respect to the ACS.

Q:  What kind of questions are contained in the ACS?

A:  The ACS contains questions that go far beyond typical census questions about the number of individuals within the household and their age, race, and sex. The survey combines intrusive questions with highly detailed inquiries about your financial affairs. Furthermore, the questionnaire also demands that recipients provide information about their family and other  people in their home, such as their educational levels, how many years of school were completed, what languages they speak, when they last worked at a job, and when occupants of your home are away from the house.

Q:  How will this information be used?

A:  The Census Bureau states that information from this survey is used to assist a wide variety of entities, from federal, state and local governments to private corporations, nonprofit organizations, researchers and public advocacy groups. The Bureau lists 35 different categories of questions on its website and offers an explanation on how the information is to be used.  For 12 of those categories, the information is used to assist private corporations.  For another 22, the information is used to aid advocacy groups, and in nine of those cases, the Census Bureau states that the responses will be used by advocacy groups to “advocate for policies that benefit their groups,” including advocacy based on age, race, sex, and marital status. Thus, information obtained through the ACS is not simply used to inform government policy in a neutral manner, but is also being provided to private actors for the purpose of promoting corporate and/or political agendas.

One concern raised by the Brookings Institute is the use of ACS information by law enforcement for  “crime mapping,” a surveillance tool used to predict crime and preemptively target certain neighborhoods for policing. It is “most effective” when “analysts can see the relationship between various types of criminal incidents (e.g., homicides, drug dealing) and neighborhood characteristics (risk factors such as poverty, population density, and vacant housing), pinpoint where crimes are most likely to occur (hot spots), and focus police resources accordingly.” The Brookings Institute notes that because the ACS provides data every year, rather than every ten years, crime mapping is more effective and cheaper.

Q:  Are my responses kept confidential?

A:  While the Census Bureau claims that an individual’s information will be kept strictly confidential, it does require a recipient to put their name on the survey, ostensibly for the purpose of asking follow-up questions in the event of missing or incomplete answers. This means your answers could be linked to you even if it is forbidden by law to share your individual responses.

Q:  Am I required by law to fully complete the American Community Survey?

A:  Federal law makes it mandatory to answer all questions on the ACS. A refusal to answer any question on the ACS or giving an intentionally false answer is a federal offense. The Census Bureau also maintains that responding to the ACS is mandatory and that recipients are legally obligated to answer all questions.

Q:  Is there a penalty for refusing to answer American Community Survey questions?

A:  The law requiring answers to the ACS also provides that a person who fails to answer “shall be fined not more than $100.” The actual fine for a refusal to complete the ACS could be much greater because a failure to respond to certain ACS questions could be considered a separate offense subject to the $100 fine.

Q:  Has the government prosecuted persons for refusing to answer the American Community Survey?

A:  While The Rutherford Institute has been made aware of Census Bureau agents engaging in harassing tactics and threatening behavior, to date, we are unaware of the Census Bureau having levied any financial penalties for non-compliance with the ACS. However, a refusal to answer the survey violates the letter of the law and a prosecution might be brought if the government decides to adopt a policy to do so.

Q:  How does the Census Bureau typically ensure that people complete the survey?

A:  Those who do not answer the ACS risk repeated overtures—by mail, by phone and in person—from Census Bureau employees seeking to compel a response. Typically, the Census Bureau will telephone those who do not respond to the survey and may visit their homes to coerce the targets to respond.

The Census Bureau boasts a 97% response rate to the survey via these methods, but critics argue this constitutes harassment. One recipient who did complete the survey but whose answers were misplaced by the Census Bureau wrote about his experience. First, a Census Bureau employee left a note at his apartment asking him to contact her. When he did, the employee asked him to allow her into his home. When he refused, the employee “turned up twice unannounced at my apartment, demanding entry, and warning me of the fines I would face if I didn’t cooperate.” Only after he filed a complaint with the Census Bureau did the agency realize he had actually completed the survey, thus ending its attempts to enter his home.

Q:  Is this an unconstitutional invasion of privacy?

A:  There are significant and legitimate questions concerning the authority of the government to require, under threat of prosecution and penalty, that persons answer questions posed by the ACS. The ACS is not part of the enumeration required by Article I of the Constitution, and that constitutional provision only applies to a census for purposes of counting the number of people in each state. As noted, the ACS seeks much more information than the number of persons in a household.

In other contexts, the U.S. Supreme Court has ruled that citizens have no obligation to answer questions posed by the government and are free to refuse to do so. This same principle could apply to questions posed by ACS agents.  However, because the government has not brought a prosecution for a refusal to respond to the ACS, the question of a person’s right to refuse has not yet been decided by a court.

Q:  What are my options for objecting to the ACS survey as an intrusion on my Fourth Amendment rights?

A:  If you receive notice that you have been targeted to respond to the ACS and you desire to assert your right of privacy, you can voice those objections and your intent not to respond to the ACS by writing a letter to the Census Bureau. The Rutherford Institute has developed a form letter that you may use in standing up against the government’s attempt to force you to disclose personal information.

If you are contacted by Census Bureau employees, either by telephone or in person, demanding your response, you can assert your rights by politely, but firmly, informing the employee that you believe the ACS is an improper invasion of your privacy, that you do not intend to respond and that they should not attempt to contact you again. Be sure to document any interactions you have with Bureau representatives for your own files.

If you believe you are being unduly harassed by a Census Bureau employee, either by telephone or in person, it is in your best interest to carefully document the time, place and manner of the incidents and file a complaint with the U.S. Census Bureau.

Remember, nothing is ever as simple or as straightforward as the government claims.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, any attempt by the government to encroach upon the citizenry’s privacy rights or establish a system by which the populace can be targeted, tracked and singled out must be met with extreme caution.

While government agents can approach, speak to and even question citizens without violating the Fourth Amendment, Americans should jealously guard what Supreme Court Justice Louis Brandeis referred to as the constitutional “right to be let alone.”

Source: https://bit.ly/3Zs1Psd

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.

Step away from the blinders that partisan politics uses to distract, divide and conquer, and you will find that we are drowning in a cesspool of problems that individually and collectively threaten our lives, liberties, prosperity and happiness.

These are not problems the politicians want to talk about, let alone address, yet we cannot afford to ignore them much longer.

Foreign interests are buying up our farmland and holding our national debt. As of 2021, foreign persons and entities owned 40.8 million acres of U.S. agricultural land, 47% of which was forestland, 29% in cropland, and 22% in pastureland. Foreign land holdings have increased by an average of 2.2 million acres per year since 2015. Foreign countries also own $7.4 trillion worth of U.S. national debt, with Japan and China ranked as our two largest foreign holders of our debt.

Corporate and governmental censorship have created digital dictators. While the “Twitter files” revealed the lengths to which the FBI has gone to monitor and censor social media content, the government has been colluding with the tech sector for some time now in order to silence its critics and target “dangerous” speech in the name of fighting so-called disinformation. The threat of being labelled “disinformation” is being used to undermine anyone who asks questions, challenges the status quo, and engages in critical thinking.

Middle- and lower-income Americans are barely keeping up. Rising costs of housing, food, gas and other necessities are presenting nearly insurmountable hurdles towards financial independence for the majority of households who are scrambling to make ends meet. Meanwhile, mounting layoffs in the tens of thousands are adding to the fiscal pain.

The government is attempting to weaponize mental health care. Increasingly, in communities across the nation, police are being empowered to forcibly detain individuals they believe might be mentally ill, even if they pose no danger to others. While these programs are ostensibly aimed at getting the homeless off the streets, when combined with the government’s ongoing efforts to predict who might pose a threat to public safety based on mental health sensor data (tracked by wearable data and monitored by government agencies such as HARPA), the specter of mental health round-ups begins to sound less far-fetched.

The military’s global occupation is spreading our resources thin and endangering us at home. America’s war spending and commitment to policing the rest of the world are bankrupting the nation and spreading our troops dangerously thin. In 2022 alone, the U.S. approved more than $50 billion in aid for Ukraine, half of which went towards military spending, with more on the way. The U.S. also maintains some 750 military bases in 80 countries around the world.

Deepfakes, AI and virtual reality are blurring the line between reality and a computer-generated illusion. Powered by AI software, deepfake audio and video move us into an age where it is almost impossible to discern what is real, especially as it relates to truth and disinformation. At the same time, the technology sector continues to use virtual reality to develop a digital universe—the metaverse—that is envisioned as being the next step in our evolutionary transformation from a human-driven society to a technological one.

Advances in technology are outstripping our ability to protect ourselves from its menacing side, both in times of rights, humanity and workforce. In the absence of constitutional protections in place to guard against encroachments on our rights in the electronic realm, we desperately need an Electronic Bill of Rights that protects “we the people” from predatory surveillance and data-mining business practices.

The courts have aligned themselves with the police state. In one ruling after another, the courts have used the doctrine of qualified immunity to shield police officers from accountability for misconduct, tacitly giving them a green light to act as judge, jury and executioner on the populace. All the while, police violence, the result of training that emphasizes brute force over constitutional restraints, continues to endanger the public.

The nation’s dependence on foreign imports has fueled a $1 trillion trade deficit. While analysts have pointed to the burgeoning trade deficit as a sign that the U.S. economy is growing, it underscores the extent to which very little is actually made in America anymore.

World governments, including the U.S., continue to use national crises such as COVID-19 to expand their emergency powers. None are willing to relinquish these powers when the crisis passes. According to the Brennan Center for Justice, the U.S. government still has 42 declared national emergencies in effect, allowing it to sidestep constitutional protocols that maintain a system of checks and balances. For instance, the emergency declared after the 9/11 has yet to be withdrawn.

The nation’s infrastructure is rapidly falling apart. Many of the country’s roads, bridges, airports, dams, levees and water systems are woefully outdated and in dire need of overhauling, and have fallen behind that of other developed countries in recent years. The American Society of Civil Engineers estimates that crumbling infrastructure costs every American household $3,300 in hidden costs a year due to lost time, increased fuel consumption while sitting in traffic jams, and extra car repairs due to poor road conditions.

The nation is about to hit a healthcare crisis. Despite the fact that the U.S. spends more on health care than any other high-income country, it has the worst health outcomes than its peer nations. Experts are also predicting a collapse in the U.S. health care system as the medical community deals with growing staff shortages and shuttered facilities.

These are just a small sampling of the many looming problems that threaten to overwhelm us in the near future.

Thus far, Americans seem inclined to just switch the channel, tune out what they don’t want to hear, and tune into their own personal echo chambers.

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

Source: https://bit.ly/3JTk1pG

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.

How do you trust a government that continuously sidesteps the Constitution and undermines our rights? You can’t.

When you consider all the ways “we the people” are being bullied, beaten, bamboozled, targeted, tracked, repressed, robbed, impoverished, imprisoned and killed by the government, one can only conclude that you shouldn’t trust the government with your privacy, your property, your life, or your freedoms.

Consider for yourself.

Don’t trust the government with your privacy, digital or otherwise. In the two decades since 9/11, the military-security industrial complex has operated under a permanent state of emergency that, in turn, has given rise to a digital prison that grows more confining and inescapable by the day. Wall-to wall surveillance, monitored by AI software and fed to a growing network of fusion centers, render the twin concepts of privacy and anonymity almost void. By conspiring with corporations, the Department of Homeland Security “fueled a massive influx of money into surveillance and policing in our cities, under a banner of emergency response and counterterrorism.” For instance, all across the country, police are installing Flock Safety license plate readers as part of a public-private partnership program between police and the surveillance industry. These cameras, which upload data in real time to fusion crime centers, signal a turning point in the transition from a police state to a police-driven surveillance state.

Don’t trust the government with your property. In yet another effort to legitimize warrantless searches, police are employing “hit-and-hold” tactics in which police enter a home, carry out an initial sweep of the property, handcuff the occupants, then wait for official search warrants to be secured and applied retroactively. In the meantime, police have managed to bypass the Fourth Amendment. The rationale, to prevent possible destruction of evidence, is the same one used to deadly effect with no-knock raids. If government agents can invade your home, break down your doors, kill your dog, damage your furnishings and terrorize your family, your property is no longer private and secure—it belongs to the government. Hard-working Americans are having their bank accounts, homes, cars electronics and cash seized by police under the assumption that they have allegedly been associated with some criminal scheme.

Don’t trust the government with your finances. The U.S. government—and that includes the current administration—is spending money it doesn’t have on programs it can’t afford, and “we the taxpayers” are being forced to foot the bill for the government’s fiscal insanity. The national debt is $31.3 trillion and growing, and we’re paying more than $300 billion in interest every year on that public debt, yet there seems to be no end in sight when it comes to the government’s fiscal insanity. According to Forbes, Congress has raised, extended or revised the definition of the debt limit 78 times since 1960 in order to allow the government to essentially fund its existence with a credit card.

Don’t trust the government with your health. For all intents and purposes, “we the people” have become lab rats in the government’s secret experiments, which include MKULTRA and the U.S. military’s secret race-based testing of mustard gas on more than 60,000 enlisted men. Indeed, you don’t have to dig very deep or go very back in the nation’s history to uncover numerous cases in which the government deliberately conducted secret experiments on an unsuspecting populace—citizens and noncitizens alike—making healthy people sick by spraying them with chemicals, injecting them with infectious diseases and exposing them to airborne toxins. Unfortunately, the public has become so easily distracted by the political spectacle out of Washington, DC, that they are altogether oblivious to the grisly experiments, barbaric behavior and inhumane conditions that have become synonymous with the U.S. government, which has meted out untold horrors against humans and animals alike.

Don’t trust the government with your life: At a time when growing numbers of unarmed people have been shot and killed for just standing a certain way, or moving a certain way, or holding something—anything—that police could misinterpret to be a gun, or igniting some trigger-centric fear in a police officer’s mind that has nothing to do with an actual threat to their safety, even the most benign encounters with police can have fatal consequences. The number of Americans killed by police continues to grow, with the majority of those killed as a result of police encounters having been suspected of a non-violent offense or no crime at all, or during a traffic violation. According a report by Mapping Police Violence, police killed more people in 2022 than any other year within the past decade. In 98% of those killings, police were not charged with a crime.

Don’t trust the government with your freedoms. For years now, the government has been playing a cat-and-mouse game with the American people, letting us enjoy just enough freedom to think we are free but not enough to actually allow us to live as a free people. Freedom no longer means what it once did. This holds true whether you’re talking about the right to criticize the government in word or deed, the right to be free from government surveillance, the right to not have your person or your property subjected to warrantless searches by government agents, the right to due process, the right to be safe from militarized police invading your home, the right to be innocent until proven guilty and every other right that once reinforced the founders’ belief that this would be “a government of the people, by the people and for the people.” On paper, we may be technically free, but in reality, we are only as free as a government official may allow.

Whatever else it may be—a danger, a menace, a threat—the U.S. government is certainly not looking out for our best interests, nor is it in any way a friend to freedom.

Remember the purpose of a good government is to protect the lives and liberties of its people.

Unfortunately, what we have been saddled with is, in almost every regard, the exact opposite of an institution dedicated to protecting the lives and liberties of its people.

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 the people” should have learned early on that a government that repeatedly lies, cheats, steals, spies, kills, maims, enslaves, breaks the laws, overreaches its authority, and abuses its power at almost every turn can’t be trusted.

Source: https://bit.ly/3W36IW2

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.