Posts Tagged ‘Constitution’

One Nation Under Greed: The Profit Incentives Driving the American Police State

Posted: June 23, 2021 in Uncategorized
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“When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it.” ― Frédéric Bastiat, French economist

If there is an absolute maxim by which the American government seems to operate, it is that the taxpayer always gets ripped off.

Not only are Americans forced to “spend more on state, municipal, and federal taxes than the annual financial burdens of food, clothing, and housing combined,” but we’re also being played as easy marks by hustlers bearing the imprimatur of the government.

With every new tax, fine, fee and law adopted by our so-called representatives, the yoke around the neck of the average American seems to tighten just a little bit more.

Everywhere you go, everything you do, and every which way you look, we’re getting swindled, cheated, conned, robbed, raided, pickpocketed, mugged, deceived, defrauded, double-crossed and fleeced by governmental and corporate shareholders of the American police state out to make a profit at taxpayer expense.

The overt and costly signs of the despotism exercised by the increasingly authoritarian regime that passes itself off as the United States government are all around us: warrantless surveillance of Americans’ private phone and email conversations by the FBI, NSA, etc.; SWAT team raids of Americans’ homes; shootings of unarmed citizens by police; harsh punishments meted out to schoolchildren in the name of zero tolerance; drones taking to the skies domestically; endless wars; out-of-control spending; militarized police; roadside strip searches; privatized prisons with a profit incentive for jailing Americans; fusion centers that collect and disseminate data on Americans’ private transactions; and militarized agencies with stockpiles of ammunition, to name some of the most appalling.

Meanwhile, the three branches of government (Executive, Legislative and Judicial) and the agencies under their command—Defense, Commerce, Education, Homeland Security, Justice, Treasury, etc.—have switched their allegiance to the Corporate State with its unassailable pursuit of profit at all costs and by any means possible.

By the time you factor in the financial blowback from the COVID-19 pandemic with its politicized mandates, lockdowns, and payouts, it becomes quickly apparent that we are now ruled by a government consumed with squeezing every last penny out of the population and seemingly unconcerned if essential freedoms are trampled in the process.

As with most things, if you want to know the real motives behind any government program, follow the money trail.

When you dig down far enough, you quickly find that those who profit from Americans being surveilled, fined, scanned, searched, probed, tasered, arrested and imprisoned are none other than the police who arrest them, the courts which try them, the prisons which incarcerate them, and the corporations, which manufacture the weapons, equipment and prisons used by the American police state.

Examples of this legalized, profits-over-people, government-sanctioned extortion abound.

On the roads: Not satisfied with merely padding their budgets by issuing speeding tickets, police departments have turned to asset forfeiture and red light camera schemes as a means of growing their profits. Despite revelations of corruption, collusion and fraud, these money-making scams have been being inflicted on unsuspecting drivers by revenue-hungry municipalities. Now legislators are hoping to get in on the profit sharing by imposing a vehicle miles-traveled tax, which would charge drivers for each mile behind the wheel.

In the prisons: States now have quotas to meet for how many Americans go to jail. Increasing numbers of states have contracted to keep their prisons at 90% to 100% capacity. This profit-driven form of mass punishment has, in turn, given rise to a $70 billion private prison industry that relies on the complicity of state governments to keep the money flowing and their privately run prisons full, “regardless of whether crime was rising or falling.” As Mother Jones reports, “private prison companies have supported and helped write … laws that drive up prison populations. Their livelihoods depend on towns, cities, and states sending more people to prison and keeping them there.” Private prisons are also doling out harsher punishments for infractions by inmates in order to keep them locked up longer in order to “boost profits” at taxpayer expense. All the while, prisoners are being forced to provide cheap labor for private corporations. No wonder the United States has the largest prison population in the world.

In the schools: The security industrial complex with its tracking, spying, and identification devices has set its sights on the schools as “a vast, rich market”—a $20 billion market, no less—just waiting to be conquered. In fact, the public schools have become a microcosm of the total surveillance state which currently dominates America, adopting a host of surveillance technologies, including video cameras, finger and palm scanners, iris scanners, as well as RFID and GPS tracking devices, to keep constant watch over their student bodies. Likewise, the military industrial complex with its military weapons, metal detectors, and weapons of compliance such as tasers has succeeded in transforming the schools—at great taxpayer expense and personal profit—into quasi-prisons. Rounding things out are school truancy laws, which come disguised as well-meaning attempts to resolve attendance issues in the schools but in truth are nothing less than stealth maneuvers aimed at enriching school districts and court systems alike through excessive fines and jail sentences for “unauthorized” absences. Curiously, none of these efforts seem to have succeeded in making the schools any safer.

In the endless wars abroad: Fueled by the profit-driven military industrial complex, the government’s endless wars are wreaking havoc on our communities, our budget and our police forces. Having been co-opted by greedy defense contractors, corrupt politicians and incompetent government officials, America’s expanding military empire is bleeding the country dry at a rate of more than $32 million per hour. Future wars and military exercises waged around the globe are expected to push the total bill upwards of $12 trillion by 2053.  Talk about fiscally irresponsible: the U.S. government is spending money it doesn’t have on a military empire it can’t afford. War spending is bankrupting America.

In the form of militarized police: The Department of Homeland Security routinely hands out six-figure grants to enable local municipalities to purchase military-style vehicles, as well as a veritable war chest of weaponry, ranging from tactical vests, bomb-disarming robots, assault weapons and combat uniforms. This rise in military equipment purchases funded by the DHS has, according to analysts Andrew Becker and G.W. Schulz, “paralleled an apparent increase in local SWAT teams.” The end result? An explosive growth in the use of SWAT teams for otherwise routine police matters, an increased tendency on the part of police to shoot first and ask questions later, and an overall mindset within police forces that they are at war—and the citizenry are the enemy combatants. Over 80,000 SWAT team raids are conducted on American homes and businesses each year. Moreover, government-funded military-style training drills continue to take place in cities across the country.

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

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

By the security industrial complex: We’re being spied on by a domestic army of government snitches, spies and techno-warriors. In the so-called name of “precrime,” this government of Peeping Toms is watching everything we do, reading everything we write, listening to everything we say, and monitoring everything we spend. Beware of what you say, what you read, what you write, where you go, and with whom you communicate, because it is all being recorded, stored, and catalogued, and will be used against you eventually, at a time and place of the government’s choosing. This far-reaching surveillance, carried out with the complicity of the Corporate State, has paved the way for an omnipresent, militarized fourth branch of government—the Surveillance State—that came into being without any electoral mandate or constitutional referendum. That doesn’t even touch on the government’s bold forays into biometric surveillance as a means of identifying and tracking the American people from birth to death.

By a government addicted to power: It’s a given that you can always count on the government to take advantage of a crisis, legitimate or manufactured. Emboldened by the citizenry’s inattention and willingness to tolerate its abuses, the government has weaponized one national crisis after another in order to expand its powers. The war on terror, the war on drugs, the war on illegal immigration, asset forfeiture schemes, road safety schemes, school safety schemes, eminent domain: all of these programs started out as legitimate responses to pressing concerns and have since become weapons of compliance and control in the police state’s hands. Now that the government has gotten a taste for flexing its police state powers by way of a bevy of COVID-19 lockdowns, mandates, restrictions, contact tracing programs, heightened surveillance, censorship, overcriminalization, etc., “we the people” may well find ourselves burdened with a Nanny State inclined to use its draconian pandemic powers to protect us from ourselves.

These injustices, petty tyrannies and overt acts of hostility are being carried out in the name of the national good—against the interests of individuals, society and ultimately our freedoms—by an elite class of government officials working in partnership with megacorporations that are largely insulated from the ill effects of their actions.

This perverse mixture of government authoritarianism and corporate profits has increased the reach of the state into our private lives while also adding a profit motive into the mix. And, as always, it’s we the people, we the taxpayers, we the gullible voters who keep getting taken for a ride by politicians eager to promise us the world on a plate.

This is a far cry from how a representative government is supposed to operate.

Indeed, it has been a long time since we could claim to be the masters of our own lives. Rather, we are now the subjects of a militarized, corporate empire in which the vast majority of the citizenry work their hands to the bone for the benefit of a privileged few

Adding injury to the ongoing insult of having our tax dollars misused and our so-called representatives bought and paid for by the moneyed elite, the government then turns around and uses the money we earn with our blood, sweat and tears to target, imprison and entrap us, in the form of militarized police, surveillance cameras, private prisons, license plate readers, drones, and cell phone tracking technology.

All of those nefarious deeds by government officials that you hear about every day: those are your tax dollars at work.

It’s your money that allows for government agents to spy on your emails, your phone calls, your text messages, and your movements. It’s your money that allows out-of-control police officers to burst into innocent people’s homes, or probe and strip search motorists on the side of the road. And it’s your money that leads to Americans across the country being prosecuted for innocuous activities such as growing vegetable gardens in their front yards or daring to speak their truth to their elected officials.

Just remember the next time you see a news story that makes your blood boil, whether it’s a police officer arresting someone for filming them in public, or a child being kicked out of school for attending a virtual class while playing with a toy gun, remember that it is your tax dollars that are paying for these injustices.

There was a time in our history when our forebears said “enough is enough” and stopped paying their taxes to what they considered an illegitimate government. They stood their ground and refused to support a system that was slowly choking out any attempts at self-governance, and which refused to be held accountable for its crimes against the people.

Their resistance sowed the seeds for the revolution that would follow.

Unfortunately, in the 200-plus years since we established our own government, we’ve let bankers, turncoats and number-crunching bureaucrats muddy the waters and pilfer the accounts to such an extent that we’re back where we started.

Once again, we’ve got a despotic regime with an imperial ruler doing as they please.

Once again, we’ve got a judicial system insisting we have no rights under a government which demands that the people march in lockstep with its dictates.

And once again, we’ve got to decide whether we’ll keep marching or break stride and make a turn toward freedom.

But what if we didn’t just pull out our pocketbooks and pony up to the federal government’s outrageous demands for more money?

What if we didn’t just dutifully line up to drop our hard-earned dollars into the collection bucket, no questions asked about how it will be spent?

What if, instead of quietly sending in our checks, hoping vainly for some meager return, we did a little calculating of our own and started deducting from our taxes those programs that we refuse to support?

As I make clear in my book Battlefield America: The War on the American People, if the government and its emissaries can just take from you what they want, when they want, and then use it however they want, you can’t claim to be anything more than a serf in a land they think of as theirs.

This is not freedom, America.

Source: https://bit.ly/3d8UGa6

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

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

The FBI’s Mafia-Style Justice: To Fight Crime, the FBI Sponsors 15 Crimes a Day

Posted: June 17, 2021 in Uncategorized
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“Whoever fights monsters should see to it that in the process he does not become a monster.”— Friedrich Nietzsche

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

Think about it.

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

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

Who is the biggest black market buyer and stockpiler of cyberweapons (weaponized malware that can be used to hack into computer systems, spy on citizens, and destabilize vast computer networks)? The U.S. government.

Who is the largest weapons manufacturer and exporter in the world, such that they are literally arming the world? The U.S. government.

Which country has a history of secretly testing out dangerous weapons and technologies on its own citizens? The U.S. government.

Which country has 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? The U.S. government.

What country has a pattern and practice of entrapment that involves targeting vulnerable individuals, feeding them with the propaganda, know-how and weapons intended to turn them into terrorists, and then arresting them as part of an elaborately orchestrated counterterrorism sting? The U.S. government.

Are you getting the picture yet?

The U.S. government isn’t protecting us from terrorism.

The U.S. government is creating the terror. It is, in fact, the source of the terror.

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

So why is the government doing this? Money, power and total domination.

We’re not dealing with a government that exists to serve its people, protect their liberties and ensure their happiness. Rather, these are the diabolical machinations of a make-works program carried out on an epic scale whose only purpose is to keep the powers-that-be permanently (and profitably) employed.

Case in point: the FBI.

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

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

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

This is the government’s answer to precrime: first, foster activism by stoking feelings of outrage and injustice by way of secret agents and informants; second, recruit activists to carry out a plot (secretly concocted by the government) to challenge what they see as government corruption; and finally, arrest those activists for conspiring against the government before they can actually commit a crime.

It’s a diabolical plot with far-reaching consequences for every segment of the population, no matter what one’s political leanings.

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

This is not an agency that appears to understand, let alone respect, the limits of the Constitution.

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

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

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

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

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

To go after terrorists, they become terrorists. To go after drug smugglers, they become drug smugglers. To go after thieves, they become thieves.

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

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

This certainly isn’t a constitutional democracy, however.

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

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

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

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

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

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

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

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

Another fallout from 9/11, National Security Letters, one of the many illicit powers authorized by the USA Patriot Act, allows the FBI to secretly demand that banks, phone companies, and other businesses provide them with customer information and not disclose the demands. An internal audit of the agency found that the FBI practice of issuing tens of thousands of NSLs every year for sensitive information such as phone and financial records, often in non-emergency cases, is riddled with widespread violations.

The FBI’s surveillance capabilities, on a par with the National Security Agency, boast a nasty collection of spy tools ranging from Stingray devices that can track the location of cell phones to Triggerfish devices which allow agents to eavesdrop on phone calls. 

In one case, the FBI actually managed to remotely reprogram a “suspect’s” wireless internet card so that it would send “real-time cell-site location data to Verizon, which forwarded the data to the FBI.”

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

Indeed, for years now, the U.S. government has been creating what one intelligence insider referred to as a cyber-army capable of offensive attacks. As Reuters reported back in 2013:

Even as the U.S. government confronts rival powers over widespread Internet espionage, it has become the biggest buyer in a burgeoning gray market where hackers and security firms sell tools for breaking into computers. The strategy is spurring concern in the technology industry and intelligence community that Washington is in effect encouraging hacking and failing to disclose to software companies and customers the vulnerabilities exploited by the purchased hacks. That’s because U.S. intelligence and military agencies aren’t buying the tools primarily to fend off attacks. Rather, they are using the tools to infiltrate computer networks overseas, leaving behind spy programs and cyber-weapons that can disrupt data or damage systems.

As part of this cyberweapons programs, government agencies such as the NSA have been stockpiling all kinds of nasty malware, viruses and hacking tools that can “steal financial account passwords, turn an iPhone into a listening device, or, in the case of Stuxnet, sabotage a nuclear facility.”

In fact, the NSA was responsible for the threat posed by the “WannaCry” or “Wanna Decryptor” malware worm which—as a result of hackers accessing the government’s arsenal—hijacked more than 57,000 computers and crippled health care, communications infrastructure, logistics, and government entities in more than 70 countries.

Mind you, the government was repeatedly warned about the dangers of using criminal tactics to wage its own cyberwars. It was warned about the consequences of blowback should its cyberweapons get into the wrong hands.

The government chose to ignore the warnings.

That’s exactly how the 9/11 attacks unfolded.

First, the government helped to create the menace that was al-Qaida and then, when bin Laden had left the nation reeling in shock (despite countless warnings that fell on tone-deaf ears), it demanded—and was given—immense new powers in the form of the USA Patriot Act in order to fight the very danger it had created.

This has become the shadow government’s modus operandi regardless of which party controls the White House: the government creates a menace—knowing full well the ramifications such a danger might pose to the public—then without ever owning up to the part it played in unleashing that particular menace on an unsuspecting populace, it demands additional powers in order to protect “we the people” from the threat.

Yet the powers-that-be don’t really want us to feel safe.

They want us cowering and afraid and willing to relinquish every last one of our freedoms in exchange for their phantom promises of security.

As a result, it’s the American people who pay the price for the government’s insatiable greed and quest for power.

We’re the ones to suffer the blowback.

Blowback is a term originating from within the American Intelligence community, denoting the unintended consequences, unwanted side-effects, or suffered repercussions of a covert operation that fall back on those responsible for the aforementioned operations.

As historian Chalmers Johnson explains, “blowback is another way of saying that a nation reaps what it sows.”

Unfortunately, “we the people” are the ones who keep reaping what the government sows.

We’re the ones who suffer every time, directly and indirectly, from the blowback.

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

This is how tyranny rises and freedom falls.

We can persuade ourselves that life is still good, that America is still beautiful, and that “we the people” are still free. However, as science fiction writer Philip K. Dick warned, “Don’t believe what you see; it’s an enthralling—[and] destructive, evil snare. Under it is a totally different world, even placed differently along the linear axis.”

In other words, as I point out Battlefield America: The War on the American People, all is not as it seems.

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

“We the people” are not free.

The government is not our friend.

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

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

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

Rule by Fiat: When the Government Does Whatever It Wants

Posted: April 13, 2021 in Uncategorized
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“We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; which is the stage of the darkest periods of human history, the stage of rule by brute force.” — Ayn Rand

Rule by brute force.

That’s about as good a description as you’ll find for the sorry state of our nation.

SWAT teams crashing through doors. Militarized police shooting unarmed citizens. Traffic cops tasering old men and pregnant women for not complying fast enough with an order. Resource officers shackling children for acting like children. Homeowners finding their homes under siege by police out to confiscate lawfully-owned guns. Drivers having their cash seized under the pretext that they might have done something wrong.

The list of abuses being perpetrated against the American people by their government is growing rapidly.

We are approaching critical mass.

The groundwork has been laid for a new kind of government where it won’t matter if you’re innocent or guilty, whether you’re a threat to the nation, or even if you’re a citizen. What will matter is what the government—or whoever happens to be calling the shots at the time—thinks. And if the powers-that-be think you’re a threat to the nation and should be locked up, then you’ll be locked up with no access to the protections our Constitution provides.

In effect, you will disappear.

Our freedoms are already being made to disappear.

We have seen this come to pass under past presidents with their use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements.

President Biden’s long list of executive orders, executive actions, proclamations and directives is just more of the same: rule by fiat.

Now the Biden Administration is setting its sights on gun control.

Mark my words: gun control legislation, especially in the form of red flag gun laws, which allow the police to remove guns from people “suspected” of being threats, will become yet another means by which to subvert the Constitution and sabotage the rights of the people.

These laws, growing in popularity as a legislative means by which to seize guns from individuals viewed as a danger to themselves or others, are yet another Trojan Horse, a stealth maneuver by the police state to gain greater power over an unsuspecting and largely gullible populace.

Nineteen states and Washington DC have red flag laws on their books.

That number is growing.

As The Washington Post reports, these laws “allow a family member, roommate, beau, law enforcement officer or any type of medical professional to file a petition [with a court] asking that a person’s home be temporarily cleared of firearms. It doesn’t require a mental-health diagnosis or an arrest.”

In the midst of what feels like an epidemic of mass shootings (the statistics suggest otherwise), these gun confiscation laws—extreme risk protection order (ERPO) laws—may appease the fears of those who believe that fewer guns in the hands of the general populace will make our society safer.

Of course, it doesn’t always work that way.

Anything—knives, vehicles, planes, pressure cookers—can become a weapon when wielded with deadly intentions.

With these red flag gun laws, the stated intention is to disarm individuals who are potential threats… to “stop dangerous people before they act.”

While in theory it appears perfectly reasonable to want to disarm individuals who are clearly suicidal and/or pose an “immediate danger” to themselves or others, where the problem arises is when you put the power to determine who is a potential danger in the hands of government agencies, the courts and the police.

We’ve been down this road before.

Remember, this is the same government that uses the words “anti-government,” “extremist” and “terrorist” interchangeably.

This is the same government whose agents are spinning a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports using automated eyes and ears, social media, behavior sensing software, and citizen spies to identify potential threats.

This is the same government that keeps re-upping the National Defense Authorization Act (NDAA), which allows the military to detain American citizens with no access to friends, family or the courts if the government believes them to be a threat.

This is the same government that has a growing list—shared with fusion centers and law enforcement agencies—of ideologies, behaviors, affiliations and other characteristics that could flag someone as suspicious and result in their being labeled potential enemies of the state.

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.

Let that sink in a moment.

Now consider the ramifications of giving police that kind of authority: to preemptively raid homes in order to neutralize a potential threat.

It’s a powder keg waiting for a lit match.

Under these red flag laws, what happened to Duncan Lemp—who was gunned down in his bedroom during an early morning, no-knock SWAT team raid on his family’s home—could very well happen to more people.

At 4:30 a.m. on March 12, 2020, in the midst of a COVID-19 pandemic that had most of the country under a partial lockdown and sheltering at home, a masked SWAT team—deployed to execute a “high risk” search warrant for unauthorized firearms—stormed the suburban house where 21-year-old Duncan, a software engineer and Second Amendment advocate, lived with his parents and 19-year-old brother.

The entire household, including Lemp and his girlfriend, was reportedly asleep when the SWAT team directed flash bang grenades and gunfire through Lemp’s bedroom window.

Lemp was killed and his girlfriend injured.

No one in the house that morning, including Lemp, had a criminal record.

No one in the house that morning, including Lemp, was considered an “imminent threat” to law enforcement or the public, at least not according to the search warrant.

So what was so urgent that militarized police felt compelled to employ battlefield tactics in the pre-dawn hours of a day when most people are asleep in bed, not to mention stuck at home as part of a nationwide lockdown?

According to police, they were tipped off that Lemp was in possession of “firearms.”

Thus, rather than approaching the house by the front door at a reasonable hour in order to investigate this complaint—which is what the Fourth Amendment requires—police instead strapped on their guns, loaded up their flash bang grenades and acted like battle-crazed warriors.

This is the blowback from all that military weaponry flowing to domestic police departments.

This is what happens when you use SWAT teams to carry out routine search warrants.

This is what happens when you adopt red flag gun laws, which Maryland did in 2018, painting anyone who might be in possession of a gun—legal or otherwise—as a threat that must be neutralized.

Therein lies the danger of these red flag laws, specifically, and pre-crime laws such as these generally where the burden of proof is reversed and you are guilty before you are given any chance to prove you are innocent.

Red flag gun laws merely push us that much closer towards a suspect society where everyone is potentially guilty of some crime or another and must be preemptively rendered harmless.

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, U.S. police agencies have been working to identify and manage potential extremist “threats,” violent or otherwise, before they can become actual threats for some time now.

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 stutter, drive a car, stay at a hotel, attend a political rally, express yourself on social media, appear mentally ill, serve in the military, disagree with a law enforcement official, call 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, appear to be pro-gun or pro-freedom, or generally live in the United States.

Be warned: once you get on such a government watch list—whether it’s a terrorist watch list, a mental health watch list, a dissident watch list, or a red flag gun watch list—there’s no clear-cut way to get off, whether or not you should actually be on there.

You will be tracked wherever you go.

You will be flagged as a potential threat and dealt with accordingly.

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

The government has been building its pre-crime, surveillance network in concert with fusion centers (of which there are 78 nationwide, with partners in the private sector and globally), data collection agencies, behavioral scientists, corporations, social media, and community organizers and by relying on cutting-edge technology for surveillance, facial recognition, predictive policing, biometrics, and behavioral epigenetics (in which life experiences alter one’s genetic makeup).

To that noxious mix, add in a proposal introduced under the Trump Administration and being considered by Biden for a new government agency HARPA (a healthcare counterpart to the Pentagon’s research and development arm DARPA) that will take the lead in identifying and targeting “signs” of mental illness or violent inclinations among the populace by using artificial intelligence to collect data from Apple Watches, Fitbits, Amazon Echo and Google Home.

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

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

Connect the dots.

Start with the powers amassed by the government under the USA Patriot Act, note the government’s ever-broadening definition of what it considers to be an “extremist,” then add in the government’s detention powers under NDAA, the National Security Agency’s far-reaching surveillance networks, and fusion centers that collect and share surveillance data between local, state and federal police agencies.

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

Hopefully you’re starting to understand how easy we’ve made it for the government to identify, label, target, defuse and detain anyone it views as a potential threat for a variety of reasons that run the gamut from mental illness to having a military background to challenging its authority to just being on the government’s list of persona non grata. Finally, add in the local police agencies and SWAT teams that are being “gifted” military-grade weaponry and equipment designed for the battlefield and trained in the tactics of war.

It all adds up to a terrifying package of brute force coupled with invasive technology and totalitarian tactics.

This brings me back to those red flag gun laws.

In the short term, these gun confiscation laws may serve to temporarily delay or discourage those wishing to inflict violence on others, but it will not resolve whatever madness or hate or instability therein that causes someone to pull a trigger or launch a bomb or unleash violence on another.

Indeed, those same individuals sick enough to walk into an elementary school or a movie theater and open fire using a gun can and do wreak just as much havoc with homemade bombs made out of pressure cookers and a handful of knives.

Nor will these laws save us from government-instigated and directed violence at the hands of the militarized police state or the blowback from the war-drenched, violence-imbued, profit-driven military industrial complex, both of which remain largely overlooked and underestimated pieces of the discussion on gun violence in America.

As I make clear in my book Battlefield America: The War on the American People, in the long term, all these gun confiscation laws will do is ensure that when the police state finally cracks down, “we the people” are defenseless in the face of the government’s arsenal of weapons.

No matter how well-meaning the politicians make these encroachments on our rights appear, in the right (or wrong) hands, benevolent plans can easily be put to malevolent purposes. In this way, even the most well-intentioned government law or program can be—and has been—perverted, corrupted and used to advance illegitimate purposes once profit and power are added to the equation.

The war on terror, the war on drugs, the war on illegal immigration, asset forfeiture schemes, road safety schemes, school safety schemes, eminent domain: all of these programs started out as legitimate responses to pressing concerns and have since become weapons of compliance and control in the police state’s hands.

Red flag laws and gun control legislation are no less a threat to our freedoms.

Source: https://bit.ly/2OIpk0Q

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@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.

Don’t Impeach Trump. Impeach the Deep State for Its Conspiracy to Kill the Constitution

Posted: February 8, 2021 in Uncategorized
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“All that was required of them was a primitive patriotism which could be appealed to whenever it was necessary to make them accept longer working hours or shorter rations. And even when they became discontented, as they sometimes did, their discontent led nowhere, because, being without general ideas, they could only focus it on petty specific grievances. The larger evils invariably escaped their notice.”—George Orwell, 1984

Let’s be clear about one thing: the impeachment of Donald Trump is a waste of time and money.

Impeaching Trump will accomplish very little, and it will not in any way improve the plight of the average American. It will only reinforce the spectacle and farce that have come to be synonymous with politics today

While the nation allows itself to be distracted by yet more bread-and-circus politics, the American kakistocracy (a government run by unprincipled career politicians and corporate thieves that panders to the worst vices in our nature and has little regard for the rights of the people) continues to suck the American people into a parallel universe in which the Constitution is meaningless, the government is all-powerful, and the citizenry are powerless to defend themselves against government agents who steal, spy, lie, plunder, kill, abuse and generally inflict mayhem and sow madness on everyone and everything in their sphere.

So here’s what I propose: let’s impeach the Deep State and its cabal of government operatives from every point along the political spectrum (right, left and center) for conspiring to expand the federal government’s powers at the expense of the citizenry.

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

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

These are dangerous times.

These are indeed dangerous times but not because of violent crime, which remains at an all-time low, or because of terrorism, which is statistically rare, or because the borders are being invaded by foreign armies, which data reports from the Department of Homeland Security refute, or because a pandemic is spreading like a contagion, or even because raging mobs of so-called domestic terrorists are trying to overthrow elections.

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

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

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

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

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

This danger comes from a surveillance state that grows more and more ominous.

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

Americans have no protection against police abuse. It is no longer unusual to hear about incidents in which police shoot unarmed individuals first and ask questions later. What remains all-too-usual, however, is the news that the officers involved in these incidents get off with little more than a slap on the hands.

Americans are little more than pocketbooks to fund the police state. If there is any absolute maxim by which the federal government seems to operate, it is that the American taxpayer always gets ripped off. This is true, whether you’re talking about taxpayers being forced to fund high-priced weaponry that will be used against us, endless wars that do little for our safety or our freedoms, bloated government agencies such as the National Security Agency with its secret budgets, covert agendas and clandestine activities.

Americans are no longer innocent until proven guilty. We once operated under the assumption that you were innocent until proven guilty. Due in large part to rapid advances in technology and a heightened surveillance culture, the burden of proof has been shifted so that the right to be considered innocent until proven guilty has been usurped by a new norm in which all citizens are suspects. This is exemplified by police practices of stopping and frisking people who are merely walking down the street and where there is no evidence of wrongdoing. Likewise, by subjecting Americans to full-body scans and license-plate readers without their knowledge or compliance and then storing the scans for later use, the government—in cahoots with the corporate state—has erected the ultimate suspect society. In such an environment, we are all potentially guilty of some wrongdoing or other.

Americans no longer have a right to self-defense. In the wake of various shootings in recent years, “gun control” has become a resounding theme. Those advocating gun reform see the Second Amendment’s right to bear arms as applying only to government officials. As a result, even Americans who legally own firearms are being treated with suspicion and, in some cases, undue violence. In one case, a Texas man had his home subjected to a no-knock raid and was shot in his bed after police, attempting to deliver a routine search warrant, learned that he was in legal possession of a firearm. In another incident, a Florida man who was licensed to carry a concealed firearm found himself detained for two hours during a routine traffic stop in Maryland while the arresting officer searched his vehicle in vain for the man’s gun, which he had left at home.

Americans no longer have a right to private property. 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. Likewise, if government officials can fine and arrest you for growing vegetables in your front yard, praying with friends in your living room, installing solar panels on your roof, and raising chickens in your backyard, you’re no longer the owner of your property.

Americans are powerless in the face of militarized police. In early America, citizens were considered equals with law enforcement officials. Authorities were rarely permitted to enter one’s home without permission or in a deceitful manner. And it was not uncommon for police officers to be held personally liable for trespass when they wrongfully invaded a citizen’s home. Unlike today, early Americans could resist arrest when a police officer tried to restrain them without proper justification or a warrant—which the police had to allow citizens to read before arresting them. (Daring to dispute a warrant with a police official today who is armed with high-tech military weapons and tasers would be nothing short of suicidal.) As police forces across the country continue to be transformed into outposts of the military, with police agencies acquiring military-grade hardware in droves, Americans are finding their once-peaceful communities transformed into military outposts, complete with tanks, weaponry, and other equipment designed for the battlefield.

Americans no longer have a right to bodily integrity. Court rulings undermining the Fourth Amendment and justifying invasive strip searches have left us powerless against police empowered to forcefully draw our blood, strip search us, and probe us intimately. It’s no longer unusual to hear accounts of men and women being subjected to what is essentially government-sanctioned rape by police in the course of “routine” traffic stops. What remains to be seen is how the emerging hypervigilance over COVID-19 vaccines will impact that right to bodily integrity.

Americans no longer have a right to the expectation of privacy. Despite the staggering number of revelations about government spying on Americans’ phone calls, Facebook posts, Twitter tweets, Google searches, emails, bookstore and grocery purchases, bank statements, commuter toll records, etc., little to nothing has been done to counteract these abuses. Instead, we are daily being accustomed to life in this electronic concentration camp.

Americans can no longer rely on the courts to mete out justice. The U.S. Supreme Court was intended to be an institution established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet through their deference to police power, preference for security over freedom, and evisceration of our most basic rights for the sake of order and expediency, the justices of the Supreme Court have become the architects of the American police state in which we now live, while the lower courts have appointed themselves courts of order, concerned primarily with advancing the government’s agenda, no matter how unjust or illegal.

Americans no longer have a representative government. We have moved beyond the era of representative government and entered a new age, let’s call it the age of authoritarianism. In fact, a study conducted by Princeton and Northwestern University concluded that the U.S. government does not represent the majority of American citizens. Instead, the study found that the government is ruled by the rich and powerful, or the so-called “economic elite.” Moreover, the researchers concluded that policies enacted by this governmental elite nearly always favor special interests and lobbying groups.

It is not overstating matters to say that Congress, which has done its best to keep their unhappy constituents at a distance, may well be the most self-serving, semi-corrupt institution in America.

In other words, we are being ruled by an oligarchy disguised as a democracy, and arguably on our way towards fascism: a form of government where private corporate interests rule, money calls the shots, and the people are seen as mere subjects to be controlled.

Rest assured that when and if fascism finally takes hold in America, the basic forms of government will remain: Fascism will appear to be friendly. The legislators will be in session. There will be elections, and the news media will continue to cover the entertainment and political trivia. Consent of the governed, however, will no longer apply. Actual control will have finally passed to the oligarchic elite controlling the government behind the scenes.

Sound familiar?

Clearly, we are now ruled by an oligarchic elite of governmental and corporate interests. We have moved into “corporatism” (favored by Benito Mussolini), which is a halfway point on the road to full-blown fascism. Corporatism is where the few moneyed interests—not elected by the citizenry—rule over the many.

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

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

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

As I make clear in my book Battlefield America: The War on the American People, the powers-that-be want us to remain distracted, divided, alienated from each other based on our politics, our bank accounts, our religion, our race and our value systems.

Yet as George Orwell observed, “The real division is not between conservatives and revolutionaries but between authoritarians and libertarians.”

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

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

A Nation Imploding: Digital Tyranny, Insurrection and Martial Law

Posted: January 12, 2021 in Uncategorized
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1

“In this difficult day, in this difficult time for the United States, it is perhaps well to ask what kind of a nation we are and what direction we want to move in. [Y]ou can be filled with bitterness, with hatred, and a desire for revenge. We can move in that direction as a country, in great polarization…filled with hatred toward one another. Or we can make an effort … to understand and to comprehend, and to replace that violence, that stain of bloodshed that has spread across our land, with an effort to understand with compassion and love… What we need in the United States is not division; what we need in the United States is not hatred; what we need in the United States is not violence or lawlessness; but love and wisdom, and compassion toward one another, and a feeling of justice toward those who still suffer within our country, whether they be white or they be black.”—Robert F. Kennedy on the assassination of Martin Luther King, Jr.

This is what we have been reduced to: A violent mob. A nation on the brink of martial law. A populace under house arrest. A techno-corporate state wielding its power to immobilize huge swaths of the country. And a Constitution in tatters.

We are imploding on multiple fronts, all at once.

This is what happens when ego, greed and power are allowed to take precedence over liberty, equality and justice.

Just to be clear, however: this is not a revolution.

This is a ticking time bomb.

There is absolutely no excuse for the violence that took place at the Capitol on January 6, 2021.

Yet no matter which way you look at it, the fallout from this attempted coup could make this worrisome state of affairs even worse.

First, you’ve got the president, who has been accused of inciting a riot and now faces a second impeachment and a scandal that could permanently mar his legacy. While the impeachment process itself is a political beast, the question of whether President Trump incited his followers to riot is one that has even the best legal experts debating. Yet as First Amendment scholar David Hudson Jr. explains, for Trump’s rhetoric to be stripped of its free speech protections, “The speaker must intend to and actually use words that rally people to take illegal action. The danger must be imminent—not in the indefinite future. And the words must be uttered in a situation in which violence is likely to happen.”

At a minimum, Trump’s actions and words—unstatesmanlike and reckless, by any standards—over the course of his presidency and on Jan. 6 helped cause a simmering pot to boil over.

Second, there were the so-called “patriots” who took to the streets because the jailer of their choice didn’t get chosen to knock heads for another four years. Those “Stop the Steal” protesters may have deluded themselves (or been deluded) into believing they were standing for freedom when they stormed the Capitol. However, all they really did was give the Deep State and its corporate partners a chance to pull back the curtain and reveal how little freedom we really have. There is nothing that can be said to justify the actions of those who, armed with metal pipes, chemical irritants, stun guns, and other types of weapons, assaulted and stampeded those in their path.

There are limits to what can be done in the so-called name of liberty, and this level of violence—no matter who wields it or what brand of politics or zealotry motivate them—crossed the line.

Third, you’ve got the tech giants, who meted out their own version of social justice by way of digital tyranny and corporate censorship. Yet there can be no freedom of speech if social media giants can muzzle whomever they want, whenever they want, on whatever pretext they want in the absence of any real due process, review or appeal. As Edward Snowden warned, whether it was warranted or not, the social media ban on President Trump signaled a turning point in the battle for control over digital speech. And that is exactly what is playing out as users, including those who have no ties to the Capitol riots, begin to experience lock outs, suspensions and even deletions of their social media accounts.

Remember, the First Amendment is a steam valve. It allows people to peacefully air viewpoints, vent frustrations, debate and disagree, and generally work through the problems of self-governance. Without that safety mechanism in place, self-censorship increases, discontent festers, foment brews, and violence becomes the default response for resolving disputes, whether with the government or each other. At a minimum, we need more robust protections in place to protect digital expression and a formalized process for challenging digital censorship.

Unfortunately, digital censorship is just the beginning. Once you start using social media scores coupled with surveillance capitalism to determine who is worthy enough to be part of society, anything goes. In China, which has been traveling this road for years now, millions of individuals and businesses, blacklisted as “unworthy” based on social media credit scores that grade them based on whether they are “good” citizens, have been banned from accessing financial markets, buying real estate or travelling by air or train.

Fourth, you’ve got the police, who normally exceed the constitutional limits restraining them from brutality, surveillance and other excesses. Only this time, despite intelligence indicating that some of the rioters were planning for mayhem, police were outnumbered and ill prepared to deal with the incursion. Investigations underway suggest that some police may even have colluded with the rioters.

Certainly, the lack of protocols adopted by the Capitol Police bear an unnerving resemblance to the lack of protocols in Charlottesville, Va., in 2017, when police who were supposed to uphold the law and prevent violence failed to do either. In fact, as the Washington Post reports, police “seemed to watch as groups beat each other with sticks and bludgeoned one another with shields… At one point, police appeared to retreat and then watch the beatings before eventually moving in to end the free-for-all, make arrests and tend to the injured.” Incredibly, when the first signs of open violence broke out, it was reported that the police chief allegedly instructed his staff to “let them fight, it will make it easier to declare an unlawful assembly.”

There’s a pattern emerging if you pay close enough attention: Instead of restoring order, local police stand down. Without fail, what should be an exercise in how to peacefully disagree turns ugly the moment looting, vandalism, violence, intimidation tactics and rioting are introduced into the equation. Tensions rise, violence escalates, and federal armies move in.

All that was missing on Jan. 6 was a declaration of martial law.

Which brings us to the fifth point, martial law. Given that the nation has been dancing around the fringes of martial law with each national crisis, it won’t take much more to push the country over the edge to a declaration and military lockdown. The rumblings of armed protests at all 50 state capitals and in Washington, D.C., will only serve to heighten tensions, double down on the government’s military response, and light a match to a powder keg state of affairs. With tens of thousands of National Guard troops and federal law enforcement personnel mobilized to lock down Washington, DC, in the wake of the Jan. 6 riots and in advance of the Jan. 20 inauguration, this could be the largest military show-of-force in recent years.

So where do we go from here?

That all of these events are coming to a head around Martin Luther King Jr. Day is telling.

More than 50 years after King was assassinated, America has become a ticking time bomb of racial unrest and injustice, police militarization, surveillance, government corruption and ineptitude, the blowback from a battlefield mindset and endless wars abroad, and a growing economic inequality between the haves and have nots

Making matters worse, modern America has compounded the evils of racism, materialism and militarism with ignorance, intolerance and fear.

Callousness, cruelty, meanness, immorality, ignorance, hatred, intolerance and injustice have become hallmarks of our modern age, magnified by an echo chamber of nasty tweets and government-sanctioned brutality.

“Despite efforts to curb hate speech, eradicate bullying and extend tolerance, a culture of nastiness has metastasized in which meanness is routinely rewarded, and common decency and civility are brushed aside,” observed Teddy Wayne in a New York Times piece on “The Culture of Nastiness.”

Every time I read a news headline or flip on the television or open up an email or glance at social media, I run headlong into people consumed with back-biting, partisan politics, sniping, toxic hate, meanness and materialism. Donald Trump is, in many ways, the embodiment of this culture of meanness. Yet as Wayne points out, “Trump is less enabler in chief than a symptom of a free-for-all environment that prizes cutting smears… Social media has normalized casual cruelty.”

Whether it’s unfriending or blocking someone on Facebook, tweeting taunts and barbs on Twitter, or merely using cyberspace to bully someone or peddle in gossip, we have become masters in the art of meanness.

This culture of meanness has come to characterize many aspects of the nation’s governmental and social policies. “Meanness today is a state of mind,” writes professor Nicolaus Mills in his book The Triumph of Meanness, “the product of a culture of spite and cruelty that has had an enormous impact on us.”

This casual cruelty is made possible by a growing polarization within the populace that emphasizes what divides us—race, religion, economic status, sexuality, ancestry, politics, etc.—rather than what unites us: we are all human.

This is what writer Anna Quindlen refers to as “the politics of exclusion, what might be thought of as the cult of otherness… It divides the country as surely as the Mason-Dixon line once did. And it makes for mean-spirited and punitive politics and social policy.”

This is more than meanness, however.

This is the psychopathic mindset adopted by the architects of the Deep State, and it applies equally whether you’re talking about Democrats or Republicans.

Beware, because this kind of psychopathology can spread like a virus among the populace.

As an academic study into pathocracy concluded, “[T]yranny does not flourish because perpetuators are helpless and ignorant of their actions. It flourishes because they actively identify with those who promote vicious acts as virtuous.”

People don’t simply line up and salute. It is through one’s own personal identification with a given leader, party or social order that they become agents of good or evil. To this end, “we the people” have become “we the police state.”

By failing to actively take a stand for good, we become agents of evil. It’s not the person in charge who is solely to blame for the carnage. It’s the populace that looks away from the injustice, that empowers the totalitarian regime, that welcomes the building blocks of tyranny.

This realization hit me full-force a few years ago. I had stopped into a bookstore and was struck by all of the books on Hitler, everywhere I turned. Yet had there been no Hitler, there still would have been a Nazi regime. There still would have been gas chambers and concentration camps and a Holocaust.

Hitler wasn’t the architect of the Holocaust. He was merely the figurehead. Same goes for the American police state: had there been no Trump or Obama or Bush, there still would have been a police state. There still would have been police shootings and private prisons and endless wars and government pathocracy.

Why? Because “we the people” have paved the way for this tyranny to prevail.

By turning Hitler into a super-villain who singlehandedly terrorized the world—not so different from how Trump is often depicted—historians have given Hitler’s accomplices (the German government, the citizens that opted for security and order over liberty, the religious institutions that failed to speak out against evil, the individuals who followed orders even when it meant a death sentence for their fellow citizens) a free pass.

This is how tyranny rises and freedom falls.

None of us who remain silent and impassive in the face of evil, racism, extreme materialism, meanness, intolerance, cruelty, injustice and ignorance get a free pass.

Those among us who follow figureheads without question, who turn a blind eye to injustice and turn their backs on need, who march in lockstep with tyrants and bigots, who allow politics to trump principle, who give in to meanness and greed, and who fail to be outraged by the many wrongs being perpetrated in our midst, it is these individuals who must shoulder the blame when the darkness wins.

“Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate, only love can do that,” Martin Luther King Jr. sermonized.

The darkness is winning

It’s not just on the world stage we must worry about the darkness winning

The darkness is winning in our communities. It’s winning in our homes, our neighborhoods, our churches and synagogues, and our government bodies. It’s winning in the hearts of men and women the world over who are embracing hatred over love. It’s winning in every new generation that is being raised to care only for themselves, without any sense of moral or civic duty to stand for freedom.

John F. Kennedy, killed by an assassin’s bullet five years before King would be similarly executed, spoke of a torch that had been “passed to a new generation of Americans—born in this century, tempered by war, disciplined by a hard and bitter peace, proud of our ancient heritage—and unwilling to witness or permit the slow undoing of those human rights to which this nation has always been committed, and to which we are committed today at home and around the world.

Once again, a torch is being passed to a new generation, but this torch is setting the world on fire, burning down the foundations put in place by our ancestors, and igniting all of the ugliest sentiments in our hearts.

This fire is not liberating; it is destroying.

We are teaching our children all the wrong things: we are teaching them to hate, teaching them to worship false idols (materialism, celebrity, technology, politics), teaching them to prize vain pursuits and superficial ideals over kindness, goodness and depth.

We are on the wrong side of the revolution.

“If we are to get on to the right side of the world revolution,” advised King, “we as a nation must undergo a radical revolution of values. We must rapidly begin the shift from a thing-oriented society to a person-oriented society.“

Freedom demands responsibility.

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

Martin Luther King Jr. dared to dream of a world in which all Americans “would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness.”

He didn’t live to see that dream become a reality. It’s still not a reality. We haven’t dared to dream that dream in such a long time.

But imagine…

Imagine what this country would be like if Americans put aside their differences and dared to stand up—united—for freedom…

Imagine what this country would be like if Americans put aside their differences and dared to speak out—with one voice—against injustice…

Imagine what this country would be like if Americans put aside their differences and dared to push back—with the full force of our collective numbers—against the evils of government despotism.

As I make clear in my book Battlefield America: The War on the American People, tyranny wouldn’t stand a chance.

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

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

What to Expect in 2021: Madness, Mayhem, Manipulation and More Tyranny

Posted: January 5, 2021 in Uncategorized
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“Twelve voices were shouting in anger, and they were all alike. No question, now, what had happened to the faces of the pigs. The creatures outside looked from pig to man, and from man to pig, and from pig to man again; but already it was impossible to say which was which.”―George Orwell, Animal Farm

What should we expect in 2021?

So far, it looks like this year is going to be plagued by more of the same brand of madness, mayhem, manipulation and tyranny that dominated 2020.

Frankly, I’m sick of it: the hypocrisy, the double standards, the delusional belief by Americans at every point along the political spectrum that politics and politicians are the answer to what ails the country, when for most of our nation’s history, politics and politicians have been the cause of our woes.

Consider: for years now, Americans, with sheeplike placidity, have tolerated all manner of injustices and abuses meted out upon them by the government (police shootings of unarmed individuals, brutality, corruption, graft, outright theft, occupations and invasions of their homes by militarized police, roadside strip searches, profit-driven incarcerations, profit-driven wars, egregious surveillance, taxation without any real representation, a nanny state that dictates every aspect of their lives, lockdowns, overcriminalization, etc.) without ever saying “enough is enough.”

Only now do Americans seem righteously indignant enough to mobilize and get active, and for what purpose? Politics. They’re ready to go to the mat over which corporate puppet will get the honor to serve as the smiling face on the pig for the next four years.

Talk about delusion.

It’s so ludicrous as to be Kafkaesque.

A perfect example of how farcical, topsy-turvy, and downright perverse life has become in the America: while President Trump doles out medals of commendation and presidential pardons to political cronies who have done little to nothing to advance the cause of freedom, Julian Assange rots in prison for daring to blow the whistle on the U.S. government’s war crimes

You’d think that Americans would be outraged over such abject pandering to the very swamp that Trump pledged to drain, but that’s not what has the Right and the Left so worked up. No, they’re still arguing over whether dead men voted in the last presidential election.

Either way, no matter which candidate lost to the other, it was always going to be the Deep State that won.

And so you have it: reduced to technicalities, distracted by magician’s con games, and caught up in the manufactured, highly scripted contest over which beauty contestant wears the crown, we have failed to do anything about the world falling apart around us.

Literally.

Our economy—at least as it impacts the vast majority of Americans as opposed to the economic elite—is in a shambles. Our infrastructure is falling apart. Our government has been overtaken by power-hungry predators and parasites. And our ability—and fundamental right—to govern our own lives is being usurped by greedy government operatives who care nothing for our lives or our freedoms.

Our ship of state is being transformed into a ship of fools.

We stand utterly defenseless in the face of a technological revolution brought about by artificial intelligence and wall-to-wall surveillance that is re-orienting the world as we know it. Despite the mounting high-tech encroachments on our rights, we have been afforded a paltry amount of legislative and judicial protections. Indeed, Corporate America has more rights than we do.

We stand utterly powerless in the face of government bureaucrats and elected officials who dance to the tune of corporate overlords and do what they want, when they want, with whomever they want at taxpayer expense, with no thought or concern for the plight of those they are supposed to represent. To this power elite, “we the people” are good for only two things: our tax dollars and our votes. In other words, they just want our money.

We stand utterly helpless in the face of government violence that is meted out, both at home and abroad. Indeed, the systemic violence being perpetrated by agents of the government—inflicted on unarmed individuals by battlefield-trained SWAT teams, militarized police, and bureaucratic government agents trained to shoot first and ask questions later—has done more collective harm to the American people and their liberties than any single act of terror or mass shooting.

We stand utterly silenced in the face of government and corporate censors and a cancel culture that, in their quest to not offend certain viewpoints, are all too willing to eradicate views that do not conform. In this way, political correctness has given way to a more insidious form of group think and mob rule.

We stand utterly locked down in the face of COVID-19 mandates, restrictions, travel bans and penalties that are acclimating the populace to unquestioningly accede to the government’s dictates, whatever they might be (as long as they are issued in the name of national security), no matter how extreme or unreasonable.

We stand utterly intimidated in the face of red flag laws, terrorism watch lists, contact tracing programs, zero tolerance policies, and all other manner of police state tactics that aim to keep us fearful and compliant.

We stand utterly indoctrinated in the collective belief that the government—despite its longstanding pattern and practice of corruption, collusion, dysfunction, immorality and incompetence—somehow represents “we the people.”

Despite all of this, despite how evident it is that we are mere tools to be used and abused and manipulated for the power elite’s own diabolical purposes, we somehow fail to see their machinations for what they truly are: thinly veiled attempts to overthrow our republic and enslave the citizenry in order to expand their power and wealth.

It is a grim outlook for a new year, but it is not completely hopeless.

If hope is to be found, it will be found with those of us who do not rely on politicians that promise to fix what is wrong but instead do their part, at their local levels, to right the wrongs and fix what is broken. I am referring to the builders, the thinkers, the helpers, the healers, the educators, the creators, the artists, the activists, the technicians, the food gatherers and distributors, and every other person who does their part to build up rather than destroy.

As I make clear in my book Battlefield America: The War on the American People, “we the people” are the hope for a better year. Not Trump. Not Biden. And not the architects and enablers of the American Police State.

Until we can own that truth, until we can forge our own path back to a world in which freedom means something again, we’re going to be stuck in this wormhole of populist anger, petty politics and destruction that is pitting us one against the other.

In that scenario, no one wins.

There’s a meme circulating on social media that goes like this:

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

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

Source: https://bit.ly/394bNa3

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

Justice Sleeps and ‘We the People’ Suffer: No, the U.S. Supreme Court Will Not Save Us

Posted: September 21, 2020 in Uncategorized
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United States Supreme Court Building

“The Constitution is not neutral. It was designed to take the government off the backs of the people.”—Justice William O. Douglas

The U.S. Supreme Court will not save us.

It doesn’t matter which party gets to pick the replacement to fill Justice Ruth Bader Ginsberg’s seat on the U.S. Supreme Court. The battle that is gearing up right now is yet more distraction and spin to keep us oblivious to the steady encroachment on our rights by the architects of the American Police State.

Americans can no longer rely on the courts to mete out justice.

Although the courts were established to serve as Courts of Justice, what we have been saddled with, instead, are Courts of Order. This is true at all levels of the judiciary, but especially so in the highest court of the land, the U.S. Supreme Court, which is seemingly more concerned with establishing order and protecting government interests than with upholding the rights of the people enshrined in the U.S. Constitution.

As a result, the police and other government agents have been generally empowered 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.

Rarely do the concerns of the populace prevail.

When presented with an opportunity to loosen the government’s noose that keeps getting cinched tighter and tighter around the necks of the American people, what does our current Supreme Court usually do?

It ducks. Prevaricates. Remains silent. Speaks to the narrowest possible concern.

More often than not, it gives the government and its corporate sponsors the benefit of the doubt, which leaves “we the people” hanging by a thread.

Rarely do the justices of the U.S. Supreme Court— preoccupied with their personal politics, cocooned in a world of privilege, partial to those with power, money and influence, and narrowly focused on a shrinking docket (the court accepts on average 80 cases out of 8,000 each year)—venture beyond their rarefied comfort zones.

Every so often, the justices toss a bone to those who fear they have abdicated their allegiance to the Constitution. Too often, however, the Supreme Court tends to march in lockstep with the police state.

In recent years, for example, the Court has ruled that police officers can use lethal force in car chases without fear of lawsuits; police officers can stop cars based only on “anonymous” tips; Secret Service agents are not accountable for their actions, as long as they’re done in the name of “security”; citizens only have a right to remain silent if they assert it; police have free reign to use drug-sniffing dogs as “search warrants on leashes,” justifying any and all police searches of vehicles stopped on the roadside; police can forcibly take your DNA, whether or not you’ve been convicted of a crime; police can stop, search, question and profile citizens and non-citizens alike; police can subject Americans to virtual strip searches, no matter the “offense”; police can break into homes without a warrant, even if it’s the wrong home; and it’s a crime to not identify yourself when a policeman asks your name.

The cases the Supreme Court refuses to hear, allowing lower court judgments to stand, are almost as critical as the ones they rule on. Some of these cases have delivered devastating blows to the lives and rights enshrined in the Constitution. By remaining silent, the Court has affirmed that: legally owning a firearm is enough to justify a no-knock raid by police; the military can arrest and detain American citizens; students can be subjected to random lockdowns and mass searches at school; and police officers who don’t know their actions violate the law aren’t guilty of breaking the law.

You think you’ve got rights? Think again.

All of those freedoms we cherish—the ones enshrined in the Constitution, the ones that affirm our right to free speech and assembly, due process, privacy, bodily integrity, the right to not have police seize our property without a warrant, or search and detain us without probable cause—amount to nothing when the government and its agents are allowed to disregard those prohibitions on government overreach at will.

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

In fact, our so-called rights have been reduced to technicalities in the face of the government’s ongoing power grabs.

In the police state being erected around us, the police can 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.

This is what one would call a slow death by a thousand cuts, only it’s the Fourth Amendment being inexorably bled to death by the very institution that is supposed to be protecting it (and us) from government abuse.

Remember, it was a unanimous Supreme Court which determined that police officers may use drug-sniffing dogs to conduct warrantless searches of cars during routine traffic stops. That same Court gave police the green light to taser defenseless motorists, strip search non-violent suspects arrested for minor incidents, and break down people’s front doors without evidence that they have done anything wrong.

Make no mistake about it: this is what constitutes “law and order” in the American police state.

These are the hallmarks of the emerging American police state, where police officers, no longer mere servants of the people entrusted with keeping the peace, are part of an elite ruling class dependent on keeping the masses corralled, under control, and treated like suspects and enemies rather than citizens.

Whether it’s police officers breaking through people’s front doors and shooting them dead in their homes or strip searching motorists on the side of the road, in a police state such as ours, these instances of abuse are not condemned by the government. Rather, they are continually validated by a judicial system that kowtows to every police demand, no matter how unjust, no matter how in opposition to the Constitution.

The system is rigged.

Because the system is rigged and the U.S. Supreme Court—the so-called “people’s court”—has exchanged its appointed role as a gatekeeper of justice for its new role as maintainer of the status quo, the police state will keep winning and “we the people” will keep losing.

By refusing to accept any of the eight or so qualified immunity cases before it this past term that strove to hold police accountable for official misconduct, the Supreme Court delivered a chilling reminder that in the American police state, ‘we the people’ are at the mercy of law enforcement officers who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to ‘serve and protect.”

This is how qualified immunity keeps the police state in power.

Lawyers tend to offer a lot of complicated, convoluted explanations for the doctrine of qualified immunity, which was intended to insulate government officials from frivolous lawsuits, but the real purpose of qualified immunity is to rig the system, ensuring that abusive agents of the government almost always win and the victims of government abuse almost always lose.

How else do you explain a doctrine that requires victims of police violence to prove that their abusers knew their behavior was illegal because it had been deemed so in a nearly identical case at some prior time?

It’s a setup for failure.

A review of critical court rulings over the past several decades, including rulings affirming qualified immunity protections for government agents by the U.S. Supreme Court, reveals a startling and steady trend towards pro-police state rulings by an institution concerned more with establishing order, protecting the ruling class, and insulating government agents from charges of wrongdoing than with upholding the rights enshrined in the Constitution.

Indeed, as Reuters reports, qualified immunity “has become a nearly failsafe tool to let police brutality go unpunished and deny victims their constitutional rights.”

Worse, as Reuters concluded, “the Supreme Court has built qualified immunity into an often insurmountable police defense by intervening in cases mostly to favor the police.”

For those in need of a reminder of all the ways in which the Supreme Court has made us sitting ducks at the mercy of the American police state, let me offer the following.

As a result of court rulings in recent years, police can claim qualified immunity for warrantless searches. Police can claim qualified immunity for warrantless arrests based on mere suspicion. Police can claim qualified immunity for using excessive force against protesters. Police can claim qualified immunity for shooting a fleeing suspect in the back. Police can claim qualified immunity for shooting a mentally impaired person. Police officers can use lethal force in car chases without fear of lawsuits. Police can stop, arrest and search citizens without reasonable suspicion or probable cause.  Police officers can stop cars based on “anonymous” tips or for “suspicious” behavior such as having a reclined car seat or driving too carefully. Police can forcibly take your DNA, whether or not you’ve been convicted of a crime.  Police can use the “fear for my life” rationale as an excuse for shooting unarmed individuals. Police have free reign to use drug-sniffing dogs as “search warrants on leashes.” Not only are police largely protected by qualified immunity, but police dogs are also off the hook for wrongdoing.

Police can subject Americans to strip searches, no matter the “offense.” Police can break into homes without a warrant, even if it’s the wrong home. Police can use knock-and-talk tactics as a means of sidestepping the Fourth Amendment. Police can carry out no-knock raids if they believe announcing themselves would be dangerous. Police can recklessly open fire on anyone that might be “armed.” Police can destroy a home during a SWAT raid, even if the owner gives their consent to enter and search it. Police can suffocate someone, deliberately or inadvertently, in the process of subduing them.

To sum it up, we are dealing with a nationwide epidemic of court-sanctioned police violence carried out with impunity against individuals posing little or no real threat. In this way, the justices of the United States Supreme Court—through their deference to police power, preference for security over freedom, and evisceration of our most basic rights for the sake of order and expediency—have become the architects of the American police state.

So where does that leave us?

For those deluded enough to believe that they’re living the American dream—where the government represents the people, where the people are equal in the eyes of the law, where the courts are arbiters of justice, where the police are keepers of the peace, and where the law is applied equally as a means of protecting the rights of the people—it’s time to wake up.

We no longer have a representative government, a rule of law, or justice.

Liberty has fallen to legalism. Freedom has fallen to fascism.

Justice has become jaded, jaundiced and just plain unjust.

And for too many, the American dream of freedom and opportunity has turned into a living nightmare.

Given the turbulence of our age, with its police overreach, military training drills on American soil, domestic surveillance, SWAT team raids, asset forfeiture, wrongful convictions, profit-driven prisons, and corporate corruption, the need for a guardian of the people’s rights has never been greater.

Yet as I make clear in my book Battlefield America: The War on the American People, neither the president, nor the legislatures, nor the courts will save us from the police state that holds us in its clutches.

So we can waste our strength over the next few weeks and months raging over the makeup of the Supreme Court or we can stand united against the tyrant in our midst.

After all, the president, the legislatures, and the courts are all on the government’s payroll.

They are the police state.

Source: https://bit.ly/3iQ0Bl2

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

 

Mile Markers of Tyranny: Losing Our Freedoms on the Road from 9/11 to COVID-19

Posted: September 8, 2020 in Uncategorized
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“No one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end.”—George Orwell

You can map the nearly 20-year journey from the 9/11 attacks to the COVID-19 pandemic by the freedoms we’ve lost along the way.

The road we have been traveling has been littered with the wreckage of our once-vaunted liberties, especially those enshrined in the Fourth Amendment.

The assaults on our freedoms that began with the post-9/11 passage of the USA Patriot Act laid the groundwork for the eradication of every vital constitutional safeguard against government overreach, corruption and abuse.

The COVID-19 pandemic with its lockdowns, mask mandates, surveillance, snitch lines for Americans to report their fellow citizens for engaging in risky behavior, and veiled threats of forced vaccinations has merely provided the architects of the American police state with an opportunity to flex their muscles.

These have become mile markers on the road to tyranny.

Free speech, the right to protest, the right to challenge government wrongdoing, due process, a presumption of innocence, the right to self-defense, accountability and transparency in government, privacy, press, sovereignty, assembly, bodily integrity, representative government: all of these and more have become casualties in the government’s ongoing war on the American people. In the process, the American people have been treated like enemy combatants, to be spied on, tracked, scanned, frisked, searched, subjected to all manner of intrusions, intimidated, invaded, raided, manhandled, censored, silenced, shot at, locked up, denied due process, and killed.

What the past 20 years have proven is that the U.S. government poses a greater threat to our individual and collective freedoms and national security than any terrorist, foreign threat or pandemic.

In allowing ourselves to be distracted by terror drills, foreign wars, color-coded warnings, partisan politics, pandemic scares, and other carefully constructed exercises in propaganda, sleight of hand, and obfuscation, we failed to recognize that the U.S. government—the government that was supposed to be a “government of the people, by the people, for the people”—has become the enemy of the people.

Indeed, the U.S. government has grown so corrupt, greedy, power-hungry and tyrannical over the course of the past 240-plus years that our constitutional republic has since given way to an idiocracy, and representative government has given way to a kleptocracy (a government ruled by thieves) and a kakistocracy (a government run by unprincipled career politicians, corporations and thieves that panders to the worst vices in our nature and has little regard for the rights of American citizens).

Although the Bill of Rights—the first ten amendments to the Constitution—was adopted as a means of protecting the people against government tyranny, in America today, the government does whatever it wants, freedom be damned.

“We the people” have been terrorized, traumatized, and tricked into a semi-permanent state of compliance by a government that cares nothing for our lives or our liberties.

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

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

Here is what it means to live under the Constitution, post-9/11 and in the midst of a COVID-19 pandemic.

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

Despite the clear protections found in the First Amendment, the freedoms described therein are under constant assault. Increasingly, Americans are being arrested and charged with bogus “contempt of cop” charges such as “disrupting the peace” or “resisting arrest” for daring to film police officers engaged in harassment or abusive practices. Journalists are being prosecuted for reporting on whistleblowers. States are passing legislation to muzzle reporting on cruel and abusive corporate practices. Religious ministries are being fined for attempting to feed and house the homeless. Protesters are being tear-gassed, beaten, arrested and forced into “free speech zones.” And under the guise of “government speech,” the courts have reasoned that the government can discriminate freely against any First Amendment activity that takes place within a government forum.

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

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

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

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

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

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

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

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

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

Mind you, by “government,” I’m not referring to the highly partisan, two-party bureaucracy of the Republicans and Democrats. Rather, I’m referring to the Deep State—the corporatized, militarized, entrenched bureaucracy that has set itself beyond the reach of the law and is unaffected by elections, unaltered by populist movements, and staffed by unelected officials who are, in essence, running the country and calling the shots in Washington DC, no matter who sits in the White House.

This is a government that, in conjunction with its corporate partners, views the citizenry as consumers and bits of data to be bought, sold and traded.

This is a government that spies on and treats its citizens as if they have no right to privacy, especially in their own homes.

This is a government that is laying the groundwork to weaponize the public’s biomedical data as a convenient means by which to penalize certain “unacceptable” social behaviors.

This is a government that subjects its people to scans, searches, pat downs and other indignities by the TSA and VIPR raids on so-called “soft” targets like shopping malls and bus depots by black-clad, Darth Vader look-alikes.

This is a government that uses fusion centers, which represent the combined surveillance efforts of federal, state and local law enforcement, to track the citizenry’s movements, record their conversations, and catalogue their transactions.

This is a government whose wall-to-wall surveillance has given rise to a suspect society in which the burden of proof has been reversed such that Americans are now assumed guilty until or unless they can prove their innocence.

This is a government that treats its people like second-class citizens who have no rights, and is working overtime to stigmatize and dehumanize any and all who do not fit with the government’s plans for this country.

This is a government that uses free speech zones, roving bubble zones and trespass laws to silence, censor and marginalize Americans and restrict their First Amendment right to speak truth to power. The kinds of speech the government considers dangerous enough to red flag and subject to censorship, surveillance, investigation, prosecution and outright elimination include: hate speech, bullying speech, intolerant speech, conspiratorial speech, treasonous speech, threatening speech, incendiary speech, inflammatory speech, radical speech, anti-government speech, right-wing speech, left-wing speech, extremist speech, politically incorrect speech, etc.

This is a government that adopts laws that criminalize Americans for otherwise lawful activities such as holding religious studies at home, growing vegetables in their yard, and collecting rainwater.

This is a government that persists in renewing the National Defense Authorization Act (NDAA), which allows the president and the military to arrest and detain American citizens indefinitely.

This is a government that saddled us with the Patriot Act, which opened the door to all manner of government abuses and intrusions on our privacy.

This is a government that, in direct opposition to the dire warnings of those who founded our country, has allowed the Department of Homeland Security (DHS) to establish a standing army by way of programs that transfer surplus military hardware to local and state police.

This is a government that has militarized American’s domestic police, equipping them with military weapons such as “tens of thousands of machine guns; nearly 200,000 ammunition magazines; thousands of pieces of camouflage and night-vision equipment; and hundreds of silencers, armored cars and aircraft,” in addition to armored vehicles, sound cannons and the like.

This is a government that has provided cover to police when they shoot and kill unarmed individuals just for 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.

This is a government that has allowed private corporations to get rich at taxpayer expense by locking people up in private prisons for non-violent crimes, while providing Corporate America with a source of cheap labor.

This is a government that has created a Constitution-free zone within 100 miles inland of the border around the United States, paving the way for Border Patrol agents to search people’s homes, intimately probe their bodies, and rifle through their belongings, all without a warrant. Incredibly, nearly 66% of Americans (2/3 of the U.S. population, 197.4 million people) now live within that 100-mile-deep, Constitution-free zone.

This is a government that treats public school students as if they were prison inmates, enforcing zero tolerance policies that criminalize childish behavior, failing to teach them their rights under the Constitution, and indoctrinating them with teaching that emphasizes rote memorization and test-taking over learning, synthesizing and critical thinking.

This is a government that is operating in the negative on every front: it’s spending far more than what it makes (and takes from the American taxpayers) and it is borrowing heavily (from foreign governments and Social Security) to keep the government operating and keep funding its endless wars abroad. Meanwhile, the nation’s sorely neglected infrastructure—railroads, water pipelines, ports, dams, bridges, airports and roads—is rapidly deteriorating.

This is a government whose gun violence—inflicted on unarmed individuals by battlefield-trained SWAT teams, militarized police, and bureaucratic government agents trained to shoot first and ask questions later—poses a greater threat to the safety and security of the nation than any mass shooter. There are now reportedly more bureaucratic (non-military) government agents armed with high-tech, deadly weapons than U.S. Marines.

This is a government that has allowed the presidency to become a dictatorship operating above and beyond the law, regardless of which party is in power.

This is a government that treats dissidents, whistleblowers and freedom fighters as enemies of the state.

This is a government—a warring empire—that forces its taxpayers to pay for wars abroad that serve no other purpose except to expand the reach of the military industrial complex.

This is a government that has in recent decades unleashed untold horrors upon the world—including its own citizenry—in the name of global conquest, the acquisition of greater wealth, scientific experimentation, and technological advances, all packaged in the guise of the greater good.

This is a government that allows its agents to break laws with immunity while average Americans get the book thrown at them.

This is a government that speaks in a language of force. What is this language of force? Militarized police. Riot squads. Camouflage gear. Black uniforms. Armored vehicles. Mass arrests. Pepper spray. Tear gas. Batons. Strip searches. Surveillance cameras. Kevlar vests. Drones. Lethal weapons. Less-than-lethal weapons unleashed with deadly force. Rubber bullets. Water cannons. Stun grenades. Arrests of journalists. Crowd control tactics. Intimidation tactics. Brutality. Contempt of cop charges.

This is a government that justifies all manner of government tyranny and power grabs in the so-called name of national security, national crises and national emergencies.

This is a government that exports violence worldwide, with one of this country’s most profitable exports being weapons. Indeed, the United States, the world’s largest exporter of arms, has been selling violence to the world in order to prop up the military industrial complex and maintain its endless wars abroad.

This is a government that is consumed with squeezing every last penny out of the population and seemingly unconcerned if essential freedoms are trampled in the process.

This is a government that believes it has the authority to search, seize, strip, scan, spy on, probe, pat down, taser, and arrest any individual at any time and for the slightest provocation, the Constitution be damned.

In sum, this is a government that routinely undermines the Constitution and rides roughshod over the rights of the citizenry.

This is not a government that believes in, let alone upholds, freedom.

So where does that leave us?

As always, the first step begins with “we the people.”

Those who gave us the Constitution and the Bill of Rights believed that the government exists at the behest of its citizens. It is there to protect, defend and even enhance our freedoms, not violate them. Our power as a citizenry comes from our ability to agree and stand united on certain freedom principles that should be non-negotiable.

It was no idle happenstance that the Constitution opens with these three powerful words: “We the people.” In other words, we have the power to make and break the government. We are the masters and they are the servants. We the American people—the citizenry—are the arbiters and ultimate guardians of America’s welfare, defense, liberty, laws and prosperity.

As I make clear in my book Battlefield America: The War on the American People, we have managed to keep the wolf at bay so far. Barely.

Our national priorities need to be re-prioritized. For instance, some argue that we need to make America great again. I, for one, would prefer to make America free again.

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

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

 

Suspending the Constitution: Police State Uses Crises to Expand Its Lockdown Powers

Posted: March 24, 2020 in Uncategorized
Tags: , , , ,
1

“That was when they suspended the Constitution. They said it would be temporary. There wasn’t even any rioting in the streets. People stayed home at night, watching television, looking for some direction. There wasn’t even an enemy you could put your finger on.”― Margaret Atwood, The Handmaid’s Tale

You can always count on the government to take advantage of a crisis, legitimate or manufactured.

This coronavirus pandemic is no exception.

Not only are the federal and state governments unraveling the constitutional fabric of the nation with lockdown mandates that are sending the economy into a tailspin and wreaking havoc with our liberties, but they are also rendering the citizenry fully dependent on the government for financial handouts, medical intervention, protection and sustenance.

Unless we find some way to rein in the government’s power grabs, the fall-out will be epic.

Everything I have warned about for years—government overreach, invasive surveillance, martial law, abuse of powers, militarized police, weaponized technology used to track and control the citizenry, and so on—has coalesced into this present moment.

The government’s shameless exploitation of past national emergencies for its own nefarious purposes pales in comparison to what is presently unfolding.

It’s downright Machiavellian.

Deploying the same strategy it used with 9/11 to acquire greater powers under the USA Patriot Act, the police state—a.k.a. the shadow government, a.k.a. the Deep State—has been anticipating this moment for years, quietly assembling a wish list of lockdown powers that could be trotted out and approved at a moment’s notice.

It should surprise no one, then, that the Trump Administration has asked Congress to allow it to suspend parts of the Constitution whenever it deems it necessary during this coronavirus pandemic and “other” emergencies.

It’s that “other” emergencies part that should particularly give you pause, if not spur you to immediate action (by action, I mean a loud and vocal, apolitical, nonpartisan outcry and sustained, apolitical, nonpartisan resistance).

In fact, the Department of Justice (DOJ) has been quietly trotting out and testing a long laundry list of terrifying powers that override the Constitution.

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…

You’re getting the picture now, right?

These are powers the police state would desperately like to make permanent.

Specifically, the DOJ wants to be able to indefinitely detain American citizens without trial. The DOJ also wants to be able to pause court proceedings and suspend the statute of limitations on criminal and civil cases.

Both signify a clear violation of every right espoused in the Constitution, including habeas corpus.

Habeas corpus, a fundamental tenet of English common law that guards against arbitrary and lawless state action, does not appear anywhere in the Bill of Rights. Its importance was such that it was enshrined in the Constitution itself. And it is of such magnitude that all other rights, including those in the Bill of Rights, are dependent upon it. Without habeas corpus, the significance of all other rights crumbles.

The right of habeas corpus was important to the Framers of the Constitution because they knew from personal experience what it was like to be labeled enemy combatants, imprisoned indefinitely and not given the opportunity to appear before a neutral judge. Believing that such arbitrary imprisonment is “in all ages, the favorite and most formidable instrument of tyranny,” the Founders were all the more determined to protect Americans from such government abuses.

Translated as “you should have the body,” habeas corpus is a legal action, or writ, by which those imprisoned unlawfully can seek relief from their imprisonment. Derived from English common law, habeas corpus first appeared in the Magna Carta of 1215 and is the oldest human right in the history of English-speaking civilization. The doctrine of habeas corpus stems from the requirement that a government must either charge a person or let him go free.

While serving as President, Thomas Jefferson addressed the essential necessity of habeas corpus. In his first inaugural address on March 4, 1801, Jefferson said, “I know, indeed, that some honest men fear that a republican government cannot be strong; that this government is not strong enough.” But, said Jefferson, our nation was “the world’s best hope” and, because of our strong commitment to democracy, “the strongest government on earth.” Jefferson said that the sum of this basic belief was found in the “freedom of person under the protection of the habeas corpus; and trial by juries impartially selected. These principles form the bright constellation which has gone before us, and guided our steps through an age of revolution and reformation.”

Throughout the twentieth century, the importance of the right of habeas corpus has repeatedly been confirmed by the U.S. Supreme Court. Yet 200-plus years after America’s founders risked their lives to secure their freedoms, we find ourselves right back where we started, with a government determined to strip us of every vestige of our freedoms.

The DOJ’s latest request to Congress is merely a signal that the police state is ready to step out of the shadows, with the current national emergency being a convenient cover for their dastardly deeds.

Bear in mind, however, that these powers the Trump Administration, acting on orders from the police state, are officially asking Congress to recognize and authorize barely scratch the surface of the far-reaching powers the government has already unilaterally claimed for itself.

Unofficially, the police state has been riding roughshod over the rule of law for years now 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, not just with active shooter drills and lockdowns and checkpoints and heightened danger alerts, but with a sensory overload of militarized, battlefield images—in video games, in movies, on the news—that acclimate us to life in a police state.

Whether or not this particular crisis is of the government’s own making is not the point: to those for whom power and profit are everything, the end always justifies the means.

The seeds of this present 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.”

Mind you, 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.

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 president will become a dictator because while the COG directives ensure the continuity of executive branch functions, they do not provide for repopulating or reconvening Congress or the Supreme Court.

Thus, a debilitating attack would give unchecked executive, legislative and judicial power to the executive branch and its unelected minions. The country would then be subjected to martial law by default, and the Constitution and the Bill of Rights would be suspended.

Originally devised as a plan for quickly restoring constitutional government, the COG concept arose during the Cold War. The fear was that a nuclear strike would paralyze the federal government.

These concerns continued into the 1980s.

Under President Ronald Reagan, an elaborate plan was created in which three teams consisting of a cabinet member, an executive chief of staff and military and intelligence officials would practice evacuating and directing a counter nuclear strike against the Soviet Union from a variety of high-tech, mobile command vehicles. If the president and vice president were both killed, one of these teams would take control, with the ranking cabinet official serving as president.

Among those Reagan handpicked to advise an inexperienced and potentially incompetent successor in a time of crisis were Congressman Dick Cheney and Donald Rumsfeld, then a business executive with G. D. Searle & Co. At least once a year during the 1980s, Cheney and Rumsfeld vanished on top-secret training missions, where each of the teams practiced evacuating and directing a counter nuclear strike against Russia.

This all changed after the attacks of September 11, 2001, when it became clear that the assumptions that drove COG planning during the Cold War no longer applied: there would be no warning against a so-called “terrorist” attack. Thus, instead of relying on part-time bureaucrats and evacuation schematics, the Bush administration permanently appointed executive officials, stationed outside the capital, to run a shadow government.

The U.S. military has reportedly already been given standby orders under COG for this present coronavirus pandemic.

The plans for the shadow government administered by those who run the Deep State are more elaborate than many realize. Massive underground bunkers the size of small cities are sprinkled throughout the country for the government elite to escape to in the event of a national emergency. Mount Weather, near Bluemont, Va., is one of a number of such facilities. Built into the side of a mountain, this bunker contains, among other things, a hospital, crematorium, dining and recreation areas, sleeping quarters, reservoirs of drinking and cooling water, an emergency power plant and a radio/television studio.

There is also an Office of the Presidency at Mount Weather, which regularly receives top-secret national security information from all the federal departments and agencies. This facility was largely unknown to everyone, including Congress, until it came to light in the mid-1970s. Military personnel connected to the bunker have refused to reveal any information about it, even before congressional committees. In fact, Congress has no oversight, budgetary or otherwise, on Mount Weather, and the specifics of the facility remain top-secret.

What is the bottom line here?

We are, for all intents and purposes, one crisis away from having a full-fledged authoritarian state emerge from the shadows, at which time democratic government will be dissolved and the country will be ruled by an unelected bureaucracy.

This is exactly the kind of mischief that Thomas Jefferson warned against when he cautioned, “In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”

Power corrupts.

Absolute power corrupts absolutely.

Thus far, we have at least pretended that the government abides by the Constitution.

Those who wrote our Constitution sought to ensure our freedoms by creating a document that protects our God-given rights at all times, even when we are engaged in war, whether that is a so-called war on terrorism, a so-called war on drugs, a so-called war on illegal immigration, or a so-called war on disease.

The attempts by each successive presidential administration to rule by fiat merely plays into the hands of those who would distort the government’s system of checks and balances and its constitutional separation of powers beyond all recognition.

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 Trump 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 has made 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 (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 Trump Administration’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 executive branch.

The powers amassed by each successive president through the negligence of Congress and the courts—powers which add up to a toolbox of terror for an imperial ruler—empower whomever occupies the Oval Office to act as a dictator, above the law and beyond any real accountability.

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.

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

We no longer have a system of checks and balances.

“The system of checks and balances that the Framers envisioned now lacks effective checks and is no longer in balance,” concludes Marshall. “The implications of this are serious. The Framers designed a system of separation of powers to combat government excess and abuse and to curb incompetence. They also believed that, in the absence of an effective separation-of-powers structure, such ills would inevitably follow. Unfortunately, however, power once taken is not easily surrendered.”

All of the imperial powers amassed by Barack Obama and George W. Bush and now Trump—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.

Think on this: the presidential election is right around the corner.

Suddenly, the improbable possibility of any incumbent president attempting to extend the police state’s stranglehold on power by using current events to justify postponing or doing away with an election—forfeiting the people’s rights to govern altogether—and establishing a totalitarian regime seems less far-fetched than it did even a few years ago.

The emergency state is now out in the open for all to see. Unfortunately, “we the people” refuse to see what’s before us. Most Americans, fearful and easily controlled, would sooner rouse themselves to fight for that last roll of toilet paper than they would their own freedoms.

This is how freedom dies.

We erect our own prison walls, and as our rights dwindle away, we forge our own chains of servitude to the police state.

Be warned, however: once you surrender your freedoms to the government—no matter how compelling the reason might be for doing so—you can never get them back.

As I make clear in my book Battlefield America: The War on the American People, no government willingly relinquishes power.

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

The America metamorphosing before our eyes is almost unrecognizable from the country I grew up in, and that’s not just tragic—it’s downright terrifying.

Source: https://bit.ly/39invfc

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

 

Betraying the Constitution: Who Will Protect Us from an Unpatriotic Patriot Act?

Posted: December 2, 2019 in Uncategorized
Tags: , , , , , ,
0

“It is the responsibility of the patriot to protect his country from its government.”—Thomas Paine

While Congress subjects the nation to its impeachment-flavored brand of bread-and-circus politics, our civil liberties continue to die a slow, painful death by a thousand cuts.

Case in point: while Americans have been fixated on the carefully orchestrated impeachment drama that continues to monopolize headlines, Congress passed and President Trump signed into law legislation extending three key provisions of the USA Patriot Act, which had been set to expire on December 15, 2019.

Once again, to no one’s surprise, the bureaucrats on both sides of the aisle—Democrats and Republicans alike—prioritized political grandstanding over principle and their oath of office to protect and defend the Constitution.

As Congressman Thomas Massie (R-Ky.) predicted:

Today, while everyone is distracted by the impeachment drama, Congress will vote to extend warrantless data collection provisions of the #PatriotAct, by hiding this language on page 25 of the Continuing Resolution (CR) that temporarily funds the government. To sneak this through, Congress will first vote to suspend the rule which otherwise gives us (and the people) 72 hours to consider a bill. The scam here is that Democrats are alleging abuse of Presidential power, while simultaneously reauthorizing warrantless power to spy on citizens that no President should have… in a bill that continues to fund EVERYTHING the President does… and waiving their own rules to do it. I predict Democrats will vote on a party line to suspend the 72 hour rule. But after the rule is suspended, I suspect many Republicans will join most Democrats to pass the CR with the Patriot Act extension embedded in it.

Massie was right: Republicans and Democrats have no problem joining forces in order to maintain their joint stranglehold on power.

The legislation passed the Senate with a bipartisan 74-to-20 vote. It squeaked through the House of Representatives with a 231-192 margin. And it was signed by President Trump—who earlier this year floated the idea of making the government’s surveillance powers permanent—with nary a protest from anyone about its impact on the rights of the American people.

Spending bill or not, it didn’t have to shake down this way, even with the threat of yet another government shutdown looming.

Congress could have voted to separate the Patriot Act extension from the funding bill, as suggested by Rep. Justin Amash, but that didn’t fly. Instead as journalist Norman Solomon writes for Salon, “The cave-in was another bow to normalizing the U.S. government’s mass surveillance powers.”

That, right there, is the key to all of this: normalizing the U.S. government’s mass surveillance powers.

In the 18 years since the USA Patriot Act—a massive 342-page wish list of expanded powers for the FBI and CIA—was rammed through Congress in the wake of the so-called 9/11 terror attacks, it has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse.

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

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

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

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

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

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

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

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

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

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

It’s only getting worse, folks.

Largely due to the continuous noise from television news’ talking heads, most Americans have been lulled into thinking that the pressing issues are voting in the next election, but the real issue is simply this: the freedoms in the Bill of Rights are being eviscerated.

The Constitution has been steadily chipped away at, undermined, eroded, whittled down, and generally discarded to such an extent that what we are left with today is but a shadow of the robust document adopted more than two centuries ago. Most of the damage has been inflicted upon the Bill of Rights—the first ten amendments to the Constitution—which historically served as the bulwark from government abuse.

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

We can pretend that the Constitution, which was written to hold the government accountable, is still our governing document. However, the reality we must come to terms with is that in the America we live in today, the government does whatever it wants, freedom be damned.

What once were considered inalienable, fundamental “rights”  are now mere privileges to be taken away on a government bureaucrat’s say-so.

To those who have been paying attention, this should come as no real surprise.

As I make clear in my book Battlefield America: The War on the American People, the Constitution has been on life support for some time now, and is drawing its final breaths.

The American government, never a staunch advocate of civil liberties, has been writing its own orders for some time now. Indeed, as the McCarthy era and the wiretapping of Martin Luther King Jr. and others illustrates, the government’s amassing of power, especially in relation to its ability to spy on Americans, predates the passage of the Patriot Act in 2001.

What the Patriot Act and its subsequent incarnations did was legitimize what had previously been covert and frowned upon as a violation of Americans’ long-cherished privacy rights.

After all, the history of governments is that they inevitably overreach.

Thus, enabled by a paper tiger Congress, the president and other agencies of the federal government have repeatedly laid claim to a host of powers, among them the ability to use the military as a police force, spy on Americans and detain individuals without granting them access to an attorney or the courts. And as the government’s powers have grown, unchecked, the American people have gradually become used to these relentless intrusions into their lives.

In turn, the American people have become the proverbial boiling frogs, so desensitized to the government’s steady encroachments on their rights that civil liberties abuses have become par for the course.

Yet as long as government agencies are allowed to make a mockery of the very laws intended to limit their reach, curtail their activities, and guard against the very abuses to which we are being subjected on a daily basis, our individual freedoms will continue to be eviscerated so that the government’s powers can be expanded, the Constitution be damned.

WC: 1605

ABOUT JOHN W. WHITEHEAD

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

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

 

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