“We’re gonna win so much, you may even get tired of winning. And you’ll say, ‘Please, please. It’s too much winning. We can’t take it anymore. Mr. President, it’s too much.’”—Donald Trump
Almost one month into the Trump presidency, and the Constitution and the entire section on the various branches of government and how they work together are still missing from the White House website.
This is no small thing.
This omission, deliberate or inadvertent, speaks volumes about the priorities of this current administration. It also explains a lot about the legal mindset that is driving the Trump train, which continues to push forward with a theory of unitary executive power.
You know what is not driving the Trump government? Any sense that it is bound by the rule of law, i.e, the U.S. Constitution. As Trump recently declared, “He who saves his Country does not violate any Law.”
Then again, Trump has never made any pretense of his aspirations to rule as a strongman. As the Washington Post reports:
In 2017, he claimed “an absolute right to do what I want with the Justice Department.” In 2019, he claimed that Article II of the Constitution gave him “the right to do whatever I want as president.” In 2020, he said he could override state and local public health orders related to the coronavirus pandemic by saying: “When somebody is the president of the United States, the authority is total. And that’s the way it’s got to be. It’s total.” In 2022, he said that purported voter fraud in the 2020 election “allows for the termination of all rules, regulations, and articles, even those found in the Constitution.” In 2023, he mused that he would be a dictator, but only on Day One of his presidency. And a year ago, he argued that presidents should have total immunity from criminal prosecution, even for “EVENTS THAT ‘CROSS THE LINE.’ ”
Listen, when someone shows you who they are, believe them.
Then again, maybe the majority of Americans just don’t care about the Constitution anymore.
Maybe, as journalist Zeynep Tufekci suggests, Americans want an authoritarian leader who embraces an “ends-justify-the-means leadership style.”
Maybe all they care about are the “endless wins” that the Trump administration never ceases to claim for itself, but if we’re being brutally honest about the state of the country, “we the people” are on a solid losing streak.
While the team colors and the police state’s outward allegiances may have changed, from a constitutional perspective, we’re still losing in all the ways that matter, and the Deep State is still winning.
Indeed, far from protecting our freedoms, the Trump administration is taking the Deep State’s unconstitutional disregard for civil liberties to new extremes.
When you step away from the polarizing rhetoric and government spin long enough to look at the many ways in which the American police state is continuing to lockdown our freedoms, you’ll notice that not much has changed for the better.
Has the Trump administration put an end to the police state’s use of surveillance on the American people? Has it scaled back the deployment of military forces domestically in violation of Posse Comitatus? Has it ceased the government’s war on cash? Has it stepped back from the NDAA’s threat of indefinite detentions? Has it de-militarized the police? Has it kicked the oligarchs out of the government’s inner circle? Has it been transparent and accountable in all of its dealings?
The answer to all of those questions is a resounding “no.”
Rather than minimizing the power of the police state, the Trump administration appears to be doubling down on its commitment to police state tactics of fear, intimidation and brutality.
Consider for yourselves.
Free speech is still being undermined. The First Amendment prohibits the government from suppressing free speech activities by the public, the media, protesters, religious individuals, or by restricting the right of the people to assemble and associate with one another, yet we no longer have any real freedom of speech. We are moving fast down a slippery slope to an authoritarian society in which the only opinions, ideas and speech expressed are the ones permitted by the government and its corporate cohorts. In more and more cases, the government is declaring war on what should be protected political speech whenever it challenges the government’s power, reveals the government’s corruption, exposes the government’s lies, and encourages the citizenry to push back against the government’s many injustices. The ramifications are so far-reaching as to render almost every American who criticizes the government an extremist in word, deed, thought or by association. Although President Trump issued an executive order denouncing government censorship, primarily for speech with which he agrees, his administration has ostensibly engaged in a campaign of intimidation and coercion against news organizations that dare to disagree with or criticize his administration, as well as whistleblowers. Likewise, under the guise of fighting politically correct DEI (diversity, equity and inclusion) policies and cancel culture, the Trump administration is engaging in its own campaign to cancel out expressive activities and content of which it disapproves, including anti-war protests.
We’re still being subjected to expansive surveillance. All of the monitoring tools and weapons in the government’s surveillance arsenal that are being used to identify, track and target those on the Trump’s administration’s enemies list—facial recognition, biometrics, license plate readers, fusion centers, cell phone location tracking, etc.—can and will be used against the American people. AI surveillance harnesses the power of artificial intelligence and widespread surveillance technology to do what the police state lacks the manpower and resources to do efficiently or effectively: be everywhere, watch everyone and everything, monitor, identify, catalogue, cross-check, cross-reference, and collude. Everything that was once private is now up for grabs to the right buyer. With every new AI surveillance technology that is adopted and deployed without any regard for privacy, Fourth Amendment rights and due process, the rights of the citizenry are being marginalized, undermined and eviscerated.
The government’s police powers are still being weaponized. With Trump claiming the power to target anyone or any group he perceives as a “threat,” i.e., an “enemy from within,” anyone who disagrees with the government could be placed on a government watch list. Having transformed local law enforcement into extensions of the military, the Department of Homeland Security, the Justice Department and the FBI are turning the nation’s police officers into techno-warriors, complete with iris scanners, body scanners, thermal imaging Doppler radar devices, facial recognition programs, license plate readers, cell phone extraction software, Stingray devices and so much more.
Government whistleblowers are still being persecuted. While claiming to be rooting out inefficiency, the Trump administration has been methodically dismantling all of the agencies charged with acting as nonpartisan watchdogs of government corruption.
Americans are still being treated as suspects. 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. Having launched a precrime program during his first administration, the Trump administration would have no qualms about using AI predictive and surveillance technologies to classify, segregate and flag the populace.
We’re still unofficially under martial law. We have what the founders feared most: a “standing” or permanent army on American soil. This de facto standing army is made up of weaponized, militarized domestic police forces which look like, dress like, and act like the military; are armed with guns, ammunition and military-style equipment; are authorized to make arrests; and are trained in military tactics. With Trump having pledged to deploy the military domestically to work in conjunction with local police to address domestic threats, including political enemies, dissenters and immigrants, the American homeland is increasingly being transformed into a battlefield.
We’re still being flagged based on our viewpoints, activities and associations. The government 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. Before long, every household in America will be flagged as a threat and assigned a threat score. It’s just a matter of time before you find yourself wrongly accused, investigated and confronted by police based on a data-driven algorithm or risk assessment culled together by a computer program run by artificial intelligence.
Police shootings of unarmed citizens will continue. In the wake of Trump’s decision to reverse and revoke many of the policies intended to implement police reform and discourage police misconduct and stem the time of police brutality, we can expect the use of excessive force by police to continue unabated.
We still don’t have a government of the people, by the people and for the people. 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. 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.
We still have an imperial president. Although President Trump has made no secret of his authoritarian impulses, he is not the first president to rule by fiat through the use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements. These unchecked powers enable all sitting president to operate above the law and beyond the reach of the Constitution.
In other words, the seeds of chaos are still being sown, and it’s the U.S. government that will reap the harvest.
My friends, if this is winning, I can’t imagine what losing will look like, but it won’t be pretty.
All of this dismantling of government agencies, weakening of the economy, and fomenting of civil unrest feeds right back into the Deep State’s plot to destabilize the nation.
Remember that Pentagon training video created by the Army for U.S. Special Operations Command which anticipated that all hell would break loose by 2030?
That’s barely five short years away now, but we’re being moved steadily in that direction.
According to “Megacities: Urban Future, the Emerging Complexity,” the U.S. military plans to use armed forces to solve future domestic political and social problems. What they’re really talking about is martial law, packaged as a well-meaning and overriding concern for the nation’s security.
The training video is only five minutes long, but it says a lot about the government’s mindset, the way its views the citizenry, and the so-called “problems” that the government must be prepared to address in the near future through the use of martial law.
Even more troubling, however, is what this military video doesn’t say about the Constitution, about the rights of the citizenry, and about the dangers of locking down the nation and using the military to address political and social problems.
Be warned: in the future envisioned by the government, we will not be viewed as Republicans or Democrats. Rather, “we the people” will be enemies of the state.
For years, the government has been warning against the dangers of domestic terrorism, erecting surveillance systems to monitor its own citizens, creating classification systems to label any viewpoints that challenge the status quo as extremist, and training law enforcement agencies to equate anyone possessing anti-government views as a domestic terrorist.
What the government failed to explain was that the domestic terrorists would be of the government’s own making, and that “we the people” would become enemy #1.
We’re already enemies of the state.
You want to bring about real change? Start by wresting back control of our government from the oligarchs, technocrats and Deep State operatives who are still running the show.
Reject the propaganda and the polarizing rhetoric and the “us vs. them” tactics that reduce the mass power of the populace to warring, powerless factions.
Find common ground with your fellow citizens and push back against the government’s brutality, inhumanity, greed, corruption and power grabs.
Be dangerous in the best way possible: by thinking for yourself, by refusing to be silenced, by choosing sensible solutions over political expediency and bureaucracy.
As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the solution to what ails this country is really not that complicated: decency, compassion, common sense, generosity balanced by fiscal responsibility, fairness, a commitment to freedom principles, and a firm rejection of the craven, partisan politics of the Beltway elites who have laid the groundwork for the Deep State’s ongoing authoritarian coup d’etat.
Source: https://tinyurl.com/4bpah8sw
ABOUT JOHN W. WHITEHEAD
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.
Publication Guidelines / Reprint Permission
John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge.
It’s not just the Cliven Bundys of the world who are being dealt with in this manner. 
John W. Whitehead, Constitutional Attorney 