Posts Tagged ‘Department of Justice’

Turning America Into a War Zone, Where ‘We the People’ Are the Enemy

Posted: August 20, 2014 in Uncategorized
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“If you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, just do what I tell you. Don’t argue with me, don’t call me names, don’t tell me that I can’t stop you, don’t say I’m a racist pig, don’t threaten that you’ll sue me and take away my badge. Don’t scream at me that you pay my salary, and don’t even think of aggressively walking towards me. Most field stops are complete in minutes. How difficult is it to cooperate for that long?”—Sunil Dutta, an officer with the Los Angeles Police Department for 17 years

Life in the American police state is an endless series of don’ts delivered at the end of a loaded gun: don’t talk back to police officers, don’t even think about defending yourself against a SWAT team raid (of which there are 80,000 every year), don’t run when a cop is nearby lest you be mistaken for a fleeing criminal, don’t carry a cane lest it be mistaken for a gun, don’t expect privacy in public, don’t let your kids walk to the playground alone, don’t engage in nonviolent protest near where a government official might pass, don’t try to grow vegetables in your front yard, don’t play music for tips in a metro station, don’t feed whales, and on and on.

For those who resist, who dare to act independently, think for themselves, march to the beat of a different drummer, the consequences are invariably a one-way trip to the local jail or death.

What Americans must understand, what we have chosen to ignore, what we have fearfully turned a blind eye to lest the reality prove too jarring is the fact that we no longer live in the “city on the hill,” a beacon of freedom for all the world.

Far from being a shining example of democracy at work, we have become a lesson for the world in how quickly freedom turns to tyranny, how slippery the slope by which a once-freedom-loving people can be branded, shackled and fooled into believing that their prisons walls are, in fact, for their own protection.

Having spent more than half a century exporting war to foreign lands, profiting from war, and creating a national economy seemingly dependent on the spoils of war, we failed to protest when the war hawks turned their profit-driven appetites on us, bringing home the spoils of war—the military tanks, grenade launchers, Kevlar helmets, assault rifles, gas masks, ammunition, battering rams, night vision binoculars, etc.—to be distributed for free to local police agencies and used to secure the homeland against “we the people.”

It’s not just the Defense Department that is passing out free military equipment to local police. Since the early 1990s, the Justice Department has worked with the Pentagon to fund military technology for police departments. And then there are the billions of dollars’ worth of federal grants distributed by the Department of Homeland Security, enabling police departments to go on a veritable buying spree for highly questionable military-grade supplies better suited to the battlefield.

Is it any wonder that we now find ourselves in the midst of a war zone?

We live in a state of undeclared martial law. We have become the enemy.

In a war zone, there are no police—only soldiers. Thus, there is no more Posse Comitatus prohibiting the government from using the military in a law enforcement capacity. Not when the local police have, for all intents and purposes, already become the military.

In a war zone, the soldiers shoot to kill, as American police have now been trained to do. Whether the perceived “threat” is armed or unarmed no longer matters when police are authorized to shoot first and ask questions later.

In a war zone, even the youngest members of the community learn at an early age to accept and fear the soldier in their midst. Thanks to funding from the Obama administration, more schools are hiring armed police officers—some equipped with semi-automatic AR-15 rifles—to “secure” their campuses.

In a war zone, you have no rights. When you are staring down the end of a police rifle, there can be no free speech. When you’re being held at bay by a militarized, weaponized mine-resistant tank, there can be no freedom of assembly. When you’re being surveilled with thermal imaging devices, facial recognition software and full-body scanners and the like, there can be no privacy. When you’re charged with disorderly conduct simply for daring to question or photograph or document the injustices you see, with the blessing of the courts no less, there can be no freedom to petition the government for a redress of grievances.

And when you’re a prisoner in your own town, unable to move freely, kept off the streets, issued a curfew at night, there can be no mistaking the prison walls closing in.

A Government of Wolves book coverThis is not just happening in Ferguson, Missouri. As I show in my book A Government of Wolves: The Emerging American Police State, it’s happening and will happen anywhere and everywhere else in this country where law enforcement officials are given carte blanche to do what they like, when they like, how they like, with immunity from their superiors, the legislatures, and the courts.

You see, what Americans have failed to comprehend, living as they do in a TV-induced, drug-like haze of fabricated realities, narcissistic denial, and partisan politics, is that we’ve not only brought the military equipment used in Iraq and Afghanistan home to be used against the American people. We’ve also brought the very spirit of the war home.

This is what it feels like to be a conquered people. This is what it feels like to be an occupied nation. This is what it feels like to live in fear of armed men crashing through your door in the middle of the night, or to be accused of doing something you never even knew was a crime, or to be watched all the time, your movements tracked, your motives questioned.

This is what it’s like to be a citizen of the American police state. This is what it’s like to be an enemy combatant in your own country.

So if you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, by all means, stand down. Cower in the face of the police, turn your eyes away from injustice, find any excuse to suggest that the so-called victims of the police state deserved what they got.

But remember, when that rifle finally gets pointed in your direction—and it will—when there’s no one left to stand up for you or speak up for you, remember that you were warned.

It works the same in every age. Martin Niemoller understood this. A German pastor who openly opposed Hitler and spent the last seven years of Nazi rule in a concentration camp, Niemoller warned:

First they came for the Socialists, and I did not speak out—Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out—Because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out—Because I was not a Jew. Then they came for me—and there was no one left to speak for me.

The Stealing of America by the Cops, the Courts, the Corporations and Congress

Posted: July 21, 2014 in Uncategorized
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“What the government is good at is collecting taxes, taking away your freedoms and killing people. It’s not good at much else.” —Author Tom Clancy

Call it what you will—taxes, penalties, fees, fines, regulations, tariffs, tickets, permits, surcharges, tolls, asset forfeitures, foreclosures, etc.—but the only word that truly describes the constant bilking of the American taxpayer by the government and its corporate partners is theft.

We’re operating in a topsy-turvy Sherwood Forest where instead of Robin Hood and his merry band of thieves stealing from the rich to feed the poor, you’ve got the government and its merry band of corporate thieves stealing from the poor to fatten the wallets of the rich. In this way, the poor get poorer and the rich get richer. All the while, the American Dream of peace, prosperity, and liberty has turned into a nightmare of endless wars, debilitating debt, and outright tyranny.

What Americans don’t seem to comprehend is that if the government can arbitrarily take away your property, without your having much say about it, you have no true rights. You’re nothing more than a serf or a slave.

In this way, the police state with all of its trappings—from surveillance cameras, militarized police, SWAT team raids, truancy and zero tolerance policies, asset forfeiture laws, privatized prisons and red light cameras to Sting Ray guns, fusion centers, drones, black boxes, hollow-point bullets, detention centers, speed traps and abundance of laws criminalizing otherwise legitimate conduct—is little more than a front for a high-dollar covert operation aimed at laundering as much money as possible through government agencies and into the bank accounts of corporations.

The rationalizations for the American police state are many. There’s the so-called threat of terrorism, the ongoing Drug War, the influx of illegal immigrants, the threat of civil unrest in the face of economic collapse, etc. However, these rationalizations are merely excuses for the growth of a government behemoth, one which works hand in hand with corporations to profit from a society kept under lockdown and in fear at all times.

Indeed, as I point out in my book A Government of Wolves: The Emerging American Police State, the real motivating factor behind erecting a police state is not to protect the people, but to further enrich the powerful. Consider the following costly line items, all part of the government’s so-called quest to keep us safe and fight terrorism while entrenching the police state, enriching the elite, and further shredding our constitutional rights:

$4.2 billion for militarized police. Almost 13,000 agencies in all 50 states and four U.S. territories participate in a military “recycling” program which allows the Defense Department to transfer surplus military hardware to local and state police. In 2012 alone, $546 million worth of military equipment was distributed to law enforcement agencies throughout the country.

$34 billion for police departments to add to their arsenals of weapons and equipment. Since President Obama took office, police departments across the country “have received 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.”While police departments like to frame the acquisition of military surplus as a money-saving method, in a twisted sort of double jeopardy, the taxpayer ends up footing a bigger bill. First, taxpayers are forced to pay millions of dollars for equipment which the Defense Department purchases from megacorporations only to abandon after a few years. Then taxpayers find themselves footing the bill to maintain the costly equipment once it has been acquired by the local police.

$6 billion in assets seized by the federal government in one year alone. Relying on the topsy-turvy legal theory that one’s property can not only be guilty of a crime but is also guilty until proven innocent, government agencies have eagerly cashed in on the civil asset forfeiture revenue scheme, which allows police to seize private property they “suspect” may be connected to criminal activity. Then whether or not any crime is actually proven to have taken place, the cops keeps the citizen’s property. Eighty percent of these asset forfeiture cases result in no charge against the property owner. Some states are actually considering expanding the use of asset forfeiture laws to include petty misdemeanors. This would mean that property could be seized in cases of minor crimes such as harassment, possession of small amounts of marijuana, and trespassing in a public park after dark.

$11,000 per hour for a SWAT team raid on a government dissident. The raid was carried out against Terry Porter, a Maryland resident who runs a welding business, is married with three kids, is outspoken about his views of the government, and has been labeled a prepper because he has an underground bunker and food supplies in case things turn apocalyptic. The raiding team included “150 Maryland State Police, FBI, State Fire Marshal’s bomb squad and County SWAT teams, complete with two police helicopters, two Bearcat ‘special response’ vehicles, mobile command posts, snipers, police dogs, bomb disposal truck, bomb sniffing robots and a huge excavator. They even brought in food trucks.”

$3.8 billion requested by the Obama administration to send more immigration judges to the southern border, build additional detention camps and add border patrol agents. Border Patrol agents are already allowed to search people’s homes, intimately probe their bodies, and rifle through their belongings, all without a warrant. As one journalist put it, “The surveillance apparatus is in your face. The high-powered cameras are pointed at you; the drones are above you; you’re stopped regularly at checkpoints and interrogated.” For example, an American citizen entering the U.S. from Mexico was subjected to a full-body cavity search in which she was subjected to a variety of invasive procedures, including an observed bowel movement and a CT scan, all because a drug dog jumped on her when she was going through border security. Physicians found no drugs hidden in her body.

$61 billion for the Department of Homeland Security, one of the most notoriously bloated government agencies ever created. The third largest federal agency behind the Departments of Veterans Affairs and Defense, the DHS—with its 240,000 full-time workers and sub-agencies—has been aptly dubbed a “runaway train.”

$80 billion spent on incarceration by the states and the federal government in 2010. While providing security, housing, food, medical care, etc., for six million Americans is a hardship for cash-strapped states, it’s a gold mine to profit-hungry corporations such as Corrections Corp of America and GEO Group, the leaders in the partnership corrections industry. Thus, with an eye toward increasing its bottom line, CCA has floated a proposal to prison officials in 48 states offering to buy and manage public prisons at a substantial cost savings to the states. In exchange, the prisons would have to contain at least 1,000 beds and states would have to maintain a 90% occupancy rate for at least 20 years. This has led to the phenomenon of overcriminalization of everyday activities, in which mundane activities such as growing vegetables in your yard or collecting rainwater on your property are criminalized, resulting in jail sentences for individuals who might otherwise have never seen the inside of a jail cell.

$6.4 billion a year for the Bureau of Prisons and $30,000 a year to house an inmate. There are over 3,000 people in America serving life sentences for non-violent crimes. These include theft of a jacket, siphoning gasoline from a truck, stealing tools, and attempting to cash a stolen check. Most of the non-violent offenses which triggered life sentences were drug crimes involving trace amounts of heroin and cocaine. One person imprisoned for life was merely a go-between for an undercover officer buying ten dollars’ worth of marijuana. California has more money devoted to its prison system than its system of education. State spending on incarceration is the fastest growing budget item besides Medicaid.

93 cents an hour for forced, prison labor in service to for-profit corporations such as Starbucks, Microsoft, Walmart, and Victoria’s Secret. What this forced labor scheme has created, indirectly or not, is a financial incentive for both the corporations and government agencies to keep the prisons full to capacity. A good portion of the 2 million prisoners in public facilities are forced to work for corporations, making products on the cheap, undermining free laborers, and increasing the bottom line for many of America’s most popular brands. “Prison labor reportedly produces 100 percent of military helmets, shirts, pants, tents, bags, canteens, and a variety of other equipment. Prison labor makes circuit boards for IBM, Texas Instruments, and Dell. Many McDonald’s uniforms are sewn by inmates. Other corporations—Microsoft, Victoria’s Secret, Boeing, Motorola, Compaq, Revlon, and Kmart—also benefit from prison labor.”

$2.6 million pocketed by Pennsylvania judges who were paid to jail youths and send them to private prison facilities. The judges, paid off by the Mid Atlantic Youth Service Corporation, which specializes in private prisons for juvenile offenders, had more than 5,000 kids come through their courtrooms and sent many of them to prison for petty crimes such as stealing DVDs from Wal-Mart and trespassing in vacant buildings.

$1.4 billion per year reportedly lost to truancy by California school districts, which receive government funding based on student attendance. The so-called “solution” to student absences from school, has proven to be a financial windfall for cash-strapped schools, enabling them to rake in millions, fine parents up to $500 for each unexcused absence, with the potential for jail time, and has given rise to a whole new track in the criminal justice system devoted to creating new revenue streams for communities. For example, Eileen DiNino, a woman serving a two-day jail sentence for her children’s truancy violations, died while in custody. She is one of hundreds of people jailed in Pennsylvania over their inability to pay fines related to truancy, which include a variety of arbitrary fees meant to rack up money for the courts. For example, “[DiNino’s] bill included a laundry list of routine fees: $8 for a “judicial computer project”; $60 for Berks constables; $40 for “summary costs” for several court offices; and $10 for postage.” So even if one is charged with a $20 fine, they may end up finding themselves on the hook for $150 in court fees.

$84.9 million collected in one year by the District of Columbia as a result of tickets issued by speeding and traffic light cameras stationed around the city. Multiply that income hundreds of times over to account for the growing number of localities latching onto these revenue-generating, photo-enforced camera schemes, and you’ll understand why community governments and police agencies are lining up in droves to install them, despite reports of wide scale corruption by the companies operating the cameras. Although nine states have banned the cameras, they’re in 24 states already and rising.

$1.4 billion for fusion centers. These fusion centers, which represent the combined surveillance and intelligence efforts of federal, state and local law enforcement, have proven to be exercises in incompetence, often producing irrelevant, useless or inappropriate intelligence, while spending millions of dollars on “flat-screen televisions, sport utility vehicles, hidden cameras and other gadgets.”

In sum, the American police state is a multi-billion dollar boondoggle, meant to keep the property and the resources of the American people flowing into corrupt government agencies and their corporate partners. For those with any accounting ability, it’s clear that the total sum of the expenses being charged to the American taxpayer’s account by the government add up to only one thing: the loss of our freedoms. It’s time to seriously consider a plan to begin de-funding this beast and keeping our resources where they belong: in our communities, working for us.

Lights, Camera, Arrested: Americans Are Being Thrown in Jail for Filming Police

Posted: March 10, 2014 in Uncategorized
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“I thought I had freedom of speech here,” the man said to the police officer.
“You don’t. You just lost it,” the officer replied.

Once again, the U.S. government is attempting to police the world when it should be policing its own law enforcement agencies. We’ve got a warship cruising the Black Sea, fighter jets patrolling the Baltic skies, and a guided-missile destroyer searching the South China Sea for the downed Malaysia Airlines flight. All the while, back home in the U.S., our constitutional rights are going to hell in a hand basket, with homeowners being threatened with eviction for attempting to live off the grid, old women jailed for feeding crows, and citizens armed with little more than a cell phone arrested for daring to record police activities.

Robin Speronis now finds herself threatened with eviction from her own Florida home for daring to live off the grid, independent of city utilities such as water and electricity. City officials insist the Cape Coral resident’s chosen way of life violates international property maintenance code and city ordinances. Mary Musselman, also a Florida resident, is being held in jail without bond for “feeding wild animals.” The 81-year-old Musselman, on probation after being charged with feeding bears near her home, was arrested after officers discovered her leaving bread out for crows. Meanwhile, Brandy Berning of Florida was forced to spend a night in jail after recording her conversation with an officer who pulled her over for a routine traffic stop.

Welcome to the farce that passes for law and order in America today, where, as I point out in my book A Government of Wolves: The Emerging American Police State, crime is low, militarized police activity is on the rise, and Americans are being penalized for living off the grid, feeding wild animals, holding Bible studies in their back yard, growing vegetables in their front yard, collecting rainwater, and filming the police.

This latter point should really stick in your craw. Consider the irony: the government insists it can carry out all manner of surveillance on us—listen in on our phone calls, read our emails and text messages, track our movements, photograph our license plates, even enter our biometric information into DNA databases—but if we dare to return the favor, even a little, we get roughed up by the police, arrested, charged with violating various and sundry crimes (often trumped up), and forced to make restitution.

For example, George Thompson of Boston was arrested after he used his cell phone to record a police officer he describes as being “out of control.” University of Texas college student Abie Kyle Ikhinmwi was arrested after recording a police speed trap with her cell phone. Kansas teen Addison Mikkelson was arrested after filming a patrol car allegedly speeding and failing to use a turn signal.

Leon Rosby was filming a police standoff in June 2013, his cellphone in one hand and his dog’s leash in the other, when three officers approached him. Anticipating a problem, Rosby placed his 2-year-old Rottweiler, Max, in his car. The LA Times reports: “As officers cuffed Rosby, the dog escaped through an open window and began to bark and lunge at officers. One officer tried to grab the dog’s leash, then drew his gun and fired four shots, killing Max. Video of the incident went viral on YouTube, prompting a public outcry and drawing protesters to the Police Department headquarters.” Rosby has now filed a civil rights lawsuit against the city and the three police officers.

And then there is the Baltimore man who was threatened by police after they discovered him filming them during an arrest. The local CBS station ran the footage of the ensuing confrontation, which went something like this:

“I’m allowed to do this,” the man told the officer.

“Get it out of my face,” the officer replied.

“I have my rights,” the man said.

“You have no rights,” the officer said.

But the man didn’t stop rolling and was once again aggressively approached.

“Do you see the police presence here? Do you see us all? We’re not [expletive] around. Do you understand? Do not disrespect us and do not not listen to us,” the officer said. “Now walk away and shut your [expletive] mouth or you’re going to jail, do you understand?”

After backing away, the officer came at the man a third time, appearing to grab him.

“I thought I had freedom of speech here,” the man said.

“You don’t. You just lost it,” the officer replied.

And that, in a nutshell, is what happens when law enforcement officials—not just the police, but every agent of the government entrusted with enforcing laws, from the president on down—are allowed to discard the law when convenient. At the point where there’s a double standard at play, where the only ones having to obey the law are the citizenry and not the enforcers, then that vital “social contract” that John Locke envisioned as the basis for society breaks down. The more we allow government officials to operate outside the law, the more we ensure that the law becomes only a tool to punish us, rather than binding and controlling the government, as it was intended.

This brings me back to the problem of Americans getting arrested for filming the police. Until recently, this has primarily been a problem experienced by journalists and photographers attempting to document political protests and other disturbances involving the police. However, with the preponderance of smart phones capable of recording audio and video, individuals who dare to record police engaged in questionable or abusive activities in public are increasingly finding themselves on the receiving end of the harsh treatment they intended to document. These videos, if widely distributed, can be a powerful method of subjecting police to closer scrutiny and holding them accountable to respecting the rights of those they are supposed to serve.

Naturally, police agencies and unions have sought out legal prohibitions on such videos from being created. Massachusetts police, for instance, have invoked a state surveillance law to charge citizen video-makers criminally for their actions. Because the state surveillance law requires “two-party” consent, most kinds of public filming can be construed as illegal. Similar laws exist in California, Florida, Illinois, Michigan, and Pennsylvania. The law was enacted to protect private citizens from invasive surveillance, but the police have exploited it to curtail free speech that tarnishes their public image. Police claim that this regulation gives them legal justification to prohibit filming by citizens such as Jeffrey Manzelli, a journalist who recorded the police intimidating protesters at a rally and was arrested and charged under the law.

Saddled with costly lawsuits brought by individuals allegedly brutalized by police who didn’t appreciate their actions being filmed, a few cities across the country are attempting to adopt policies to protect citizens who film the police. In Troy, N.Y., for example, city police officers would face a fine and jail time if they stop people from legally photographing or filming them. If adopted, the Troy ordinance, which would carry a maximum $5,000 fine and a jail term of up to 15 days for an officer found guilty of violating it, would be the first of its kind in the country.

As part of a $200,000 legal settlement, Indianapolis police will soon be required to remind its officers that citizens have a legal right to videotape on-duty police officers. The case arose after a 66-year-old Indianapolis resident was tackled to the ground, arrested and charged with resisting arrest, disorderly conduct and public intoxication (he was found not guilty of the charges) after he used his cellphone to record police arresting a young man in his neighbor’s driveway. There is also a movement afoot to equip police with on-officer cameras that would provide footage of what an officer sees.

The courts, thus far, have favored the First Amendment rights of eyewitness filmmakers, even in the face of state efforts to outlaw such activities. In 2012, the U.S. Supreme Court refused to hear an appeal of an Illinois eavesdropping law that makes recording law enforcement officers a first-class felony punishable by up to 15 years in prison. In 2013, the U.S. Department of Justice issued a statement of interest in the case of Mannie Garcia v. Montgomery County, Md., declaring that not only do individuals have a First Amendment right to record officers publicly doing their duties, they also have Fourth and Fourteenth Amendment rights protecting them from having those recordings seized without a warrant or due process.

The Garcia case involves a journalist who was arrested and charged with disorderly conduct for filming police as they detained two men. According to the lawsuit, police “dragged Garcia to the police car, put him in handcuffs, threw him to the ground by kicking his feet out from under him, taunted him, threatened to arrest his wife if she came too close and took his camera, and seized the memory card, which was never returned.”

The problem, as the U.S. Court of Appeals for the Seventh Circuit recognized in Payne v. Pauley, is that “[p]olice officers must be more thick skinned than the ordinary citizen and must exercise restraint in dealing with the public” and “must not conceive that every threatening or insulting word, gesture, or motion amounts to disorderly conduct.”

The difficulty we face is that police officers are becoming increasingly thin skinned, less restrained in dealing with the public, and more inclined to conceive every word, gesture, or motion as a threat. In an ideal world, police would recognize that, as public servants, they are rightfully subject to recording and surveillance when carrying out their public duties. Unfortunately, this is far from an ideal world.

So what are we to do?

We must continue to stand up for our rights, record police when the opportunity presents itself, and politely remind any offended officers that they are, in fact, our public servants and, as such, their behavior is subject to public scrutiny. If they disagree and attempt to stop us from recording, we can refer them to the U.S. Constitution, which they have sworn to uphold, which protects our right to record matters of public interest. And if they continue to insist on hauling people to jail because they don’t like the idea of transparency and accountability, they can take it up with the courts. The goal is to eventually arrive at a point where we can keep a watchful eye on our government officials, instead of the other way around. As Justice Louis D. Brandeis once observed, “Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.” — John W. Whitehead

Citing 2nd & 4th Amendments, Rutherford Institute Asks Texas Appeals Court to Ensure that Lawful Gun Ownership Is Not a Trigger for ‘No-Knock’ Police Raids

Posted: June 25, 2013 in Uncategorized
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Whatever the issue might be, whether it’s mass surveillance, no-knock raids, or the right to freely express one’s views about the government, we’ve moved into a new age in which the rights of the citizenry are being treated as a secondary concern by the White House, Congress, the courts, and their vast holding of employees, including law enforcement officials. The disconnect, of course, is that the Constitution establishes a far different scenario in which government officials, including the police, are accountable to ‘we the people.’ For it to be otherwise, for government concerns to trump individual freedoms, with government officials routinely sidestepping the Constitution and reinterpreting the law to their own purposes, makes a mockery of everything this nation is supposed to stand for—self-government, justice, and the rule of law.

For example,  in a case that tests the limits of Second and Fourth Amendment protections for law-abiding gun owners, The Rutherford Institute has asked a Texas appeals court to ensure that individuals are not subjected to unannounced “no-knock” entries by police based solely on their lawful possession of a firearm. In a petition filed with the Texas Court of Criminal Appeals in Quinn v. State of Texas, Rutherford Institute attorneys have asked the court to establish that an individual’s exercise of his Second Amendment right to possess a firearm in his residence does not deprive the individual of his Fourth Amendment protection against “no-knock” executions of search warrants by police.

The case involves a Texas resident, John Quinn, whose home was stormed by a SWAT team that failed to knock and announce its entry in keeping with police protocol for non-violent situations. Although the SWAT team had been granted a search warrant on the basis of leads provided by informants that Quinn’s son may have been involved in drug activity, the warrant did not authorize police to enter the residence without knocking and announcing their entry. Nevertheless, based solely on the suspicion that there were firearms in the Quinn household, the SWAT team forcibly broke into Quinn’s home after he had gone to bed and proceeded to carry out a search of the premises. The raid resulted in police finding less than one gram of cocaine, which Quinn was charged with possessing. Lower courts rejected Quinn’s objection to the “no-knock” entry on the grounds that because police had information that guns were present at the residence, they were justified in making a forced and unannounced invasion into Quinn’s home.

Although established Fourth Amendment jurisprudence dictates that police officers entering a dwelling must knock on the door and announce their identity and purpose before attempting a forcible entry, police may disregard the knock and announce rule under circumstances presenting a threat of physical violence or a danger that evidence will be destroyed. In their petition to the Court of Criminal Appeals, Rutherford Institute attorneys argue that in the absence of any evidence of actual danger to police, the legal possession of a firearm, as guaranteed by the Second Amendment, is not sufficient to justify allowing police to override the Fourth Amendment’s protection against unannounced “no-knock” home invasions when executing warrants.

Affiliate attorney James A. Pikl of Scheef & Stone, LLP, in Frisco, Texas, is assisting the Institute in defending the rights of Quinn.

Now More Than Ever, Everybody’s a Target in the American Surveillance State

Posted: June 6, 2013 in Uncategorized
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“Everybody’s a target; everybody with communication is a target.”—A senior intelligence official previously involved with the Utah Data Center

The recent revelation that the National Security Agency (NSA) is collecting the telephone records of millions of Verizon customers, with the complete blessing of the Obama administration, should come as no surprise to anyone who has been paying attention over the past decade.

As I document in my new book A Government of Wolves: The Emerging American Police State (available now at Amazon.com), what we are witnessing, in the so-called name of security and efficiency, is the creation of a new class system comprised of the watched (average Americans such as you and me) and the watchers (government bureaucrats, technicians and private corporations). What too many fail to realize, consumed as they are with partisan politics and blinded by their own political loyalties, is that the massive bureaucracies—now computerized—that administer governmental policy transcend which party occupies the White House.

This explains why the civil liberties abuses carried out by the Bush Administration have not been corrected by the Obama Administration. Rather, they have been expanded upon. Take, for instance, the warrantless wiretapping program conducted during the Bush years, which resulted in the NSA monitoring the private communications of millions of Americans—a program that continues unabated today, with help from private telecommunications companies such as AT&T. The program recorded 320 million phone calls a day when it first started. It is estimated that the NSA has intercepted 15 to 20 trillion communications of American citizens since 9/11.

To our misfortune, the Obama White House has proven to be even worse than the Bush White House when it comes to invading the privacy rights of Americans. As Yale law professor Jack Balkin notes, “We are witnessing the bipartisan normalization and legitimization of a national-surveillance state. [Obama has] systematically adopted policies consistent with the second term of the Bush Administration.” Unfortunately, whereas those on the Left raised a hew and cry over the Bush administration’s constant encroachments on Americans’ privacy rights, it appears that the political leanings of those on the Left have held greater sway than their principles. Consequently, the Obama administration has faced much less criticism for its blatant efforts to reinforce the surveillance state.

Insisting that terrorists “will come after us if they can and the only thing that we have to deter this is good intelligence to understand that a plot has been hatched and to get there before they get to us,” Senator Dianne Feinstein (D-Calif.), who chairs the Senate intelligence committee, is defending the NSA’s actions, as well as the secret court order requiring Verizon to turn over its phone records to government agents. It’s a tired, overused line that preys on Americans’ fear of another terrorist attack and offers phantom promises of security while ensuring neither safety nor greater freedom. Even the vague and unsupported claim put forth by House Intelligence Committee Chairman Mike Rogers (R-Mich.) that the NSA surveillance program “helped thwart ‘a significant case’ of terrorism in the United States ‘within the last few years’” fails to justify a program of this magnitude, which makes everyone a target and turns us all into a nation of suspects.

Clearly, the age of privacy in America is coming to a close. We have moved into a new paradigm in which surveillance technology which renders everyone a suspect is driving the bureaucratic ship that once was our democratic republic. It will not be long before no phone call, no email, no Tweet, no web search is safe from the prying eyes and ears of the government. People going about their daily business will no longer be assured that they are not being spied upon by federal agents and other government bureaucrats.

Thus, the question looms before us.  Can freedom in the United States continue to flourish and grow in an age when the physical movements, individual purchases, conversations, and meetings of every citizen are constantly under surveillance by private companies and government agencies?

Whether or not the surveillance is undertaken for so-called “worthy” (read: politically expedient) reasons such as preventing another terrorist attack, does not surveillance of all citizens gradually poison the soul of a nation and render us all data collected in government files? Does not such surveillance completely eviscerate our right to be free from unreasonable searches and seizures as guaranteed by our Constitution?

For  more on this and other pressing issues relating to the emerging police state in America, read my new book  A Government of Wolves: The Emerging American Police State, available now at Amazon.com.– John W. Whitehead

The War Against Bradley Manning—A War Against All Who Speak Out Against Injustice

Posted: March 11, 2013 in Uncategorized
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“The war against Bradley Manning is a war against us all.”—Chris Hedges, author and journalist

“I wanted the American public to know that not everyone in Iraq and Afghanistan are targets that needed to be neutralized, but rather people who were struggling to live in the pressure cooker environment of what we call asymmetric warfare.”—Bradley Manning

Time and again, throughout America’s history, individuals with a passion for truth and a commitment to justice have opted to defy the unjust laws and practices of the American government in order to speak up against slavery, segregation, discrimination, and war. Even when their personal safety and freedom were on the line, these individuals spoke up, knowing they would be chastised, ridiculed, arrested, branded traitors and even killed.

Indeed, while brave men and women such as Martin Luther King, Jr., Henry David Thoreau, Susan B. Anthony and Harriet Tubman are lauded as American heroes today, they were once considered enemies of the state.

Thanks to the U.S. government’s growing intolerance for dissidents who insist on transparency and accountability, oppose its endless wars and targeted killings of innocent civilians and terrorists alike, and demand that government officials abide by the rule of law, that list of so-called “enemies of the state” is growing.

One such “enemy of the state” is Bradley Manning, an intelligence analyst who has been targeted by the Obama administration for holding up a mirror to the bloated face of American empire. Manning is being prosecuted for leaking classified government documents which, like the Pentagon Papers a generation ago, expose systemic corruption within America’s military and diplomatic apparatus. The embarrassment caused by showing that the emperor has no clothes, as it were, has made Bradley Manning public enemy number one in the eyes of the federal government. 

As Chris Hedges explains:

“Manning provided to the public the most important window into the inner workings of imperial power since the release of the Pentagon Papers. The routine use of torture, the detention of Iraqis who were innocent, the inhuman conditions within our secret detention facilities, the use of State Department officials as spies in the United Nations, the collusion with corporations to keep wages low in developing countries such as Haiti, and specific war crimes such as the missile strike on a house that killed seven children in Afghanistan would have remained hidden without Manning.”

Despite not being convicted of any crime, Manning has been put through a horror trip since the first day of his incarceration in the military brig at Quantico. He has spent 1,000 days in jail without trial, a large portion of which was passed in solitary confinement, imprisoned in a windowless 6 x 12 foot cell containing a bed, a drinking fountain and a toilet. Manning was kept under Suicide and/or Prevention of Injury (POI) watch during his incarceration, largely against the advice of two forensic psychiatrists. Under suicide watch, Manning was confined to his tiny cell for 24 hours a day and stripped of all clothing with the exception of his underwear. His prescription eyeglasses were taken away, leaving him in essential blindness except for those limited times when he was permitted to read or watch television. In a thinly veiled attempt to harass him, guards would check on Manning every five minutes, asking if he was ok.

Once he was finally brought before a military court, Manning pled guilty to ten of the twenty-two charges brought against him, admitting that he leaked the documents because he believed that the public has a right to know about the government’s misdeeds. Manning’s admission guarantees that he will be put into prison for up to twenty years. However, instead of proceeding to sentencing, government prosecutors are insisting on pressing the most serious charges against him, including “aiding the enemy,” in an attempt to imprison him for life.

The government’s aim is clear: to make an example of Manning (what Yale professor Eugene Fidell describes as an attempt to “scare the daylights out of other people”), thereby discouraging anyone else from defying the regime or daring to lay bare the inner workings of a corrupt government.

Indeed, despite promising unprecedented levels of transparency when he ascended to the presidency in 2009, Obama has invoked the WWI-era Espionage Act more times than all his predecessors combined as a means of silencing all internal dissent and criticism. Obama’s administration has also launched an all-out campaign to roust out, prosecute, and imprison government whistleblowers for exposing government corruption, incompetence, and greed. Obama’s other targets include John Kiriakou, a CIA agent who was prosecuted and imprisoned for blowing the whistle on government-sponsored torture, and Peter Van Buren, who exposed the government’s incompetence and failures during the occupation of Iraq.

Thus, Bradley Manning is merely the latest whistleblower to be singled out for punishment. So determined is the government to crucify Manning that government prosecutors plan to make the case that Manning essentially aided and abetted Osama bin Laden. Manning’s trial, which promises to be a government spectacle of manufactured “shock and awe,” will feature testimony from an anonymous Navy Seal who took part in the raid on Osama bin Laden’s Abbottabad compound. This Seal will reportedly testify that he recovered computer discs in Osama bin Laden’s personal effects containing government material that originated from Manning’s leak.

What the government is attempting to suggest is that if an individual or news organization publishes information that is accessed by terrorists over the internet, for example, then those individuals or news organizations are essentially guilty of collusion.

Stacking the odds in their favor, government prosecutors have refused to allow Manning’s defense team to interview government witnesses or to introduce evidence showing that Manning’s leak of government information did little, if any, harm to U.S. interests other than showing that the Obama administration is no different from its predecessors. In fact, Defense Secretary Robert Gates said that the publication of the Iraq War Logs and the Afghan War Diary had “not revealed any sensitive intelligence sources or methods.” As for the leak of some 250,000 State Department documents, a report by Reuters indicates that the damage caused was “limited,” and was for the most part simply an embarrassment to the Obama administration.

Manning reacted as one would hope any honorable American would react when they witness their government acting in a manner that is corrupt, incompetent, inhumane, immoral and, it must be said, downright evil. Manning was particularly affected by the so-called “Collateral Murder” video in which American Apache helicopter pilots can be see firing on civilians in Iraq, including children and a Reuters journalist. “The people in the van were not a threat but merely ‘good Samaritans,’” observed Manning. “The most alarming aspect of the video to me, however, was the seemly delightful bloodlust [the American troops] appeared to have.”

To his credit, Manning refused to remain silent. He spoke out, first to his superiors, who turned a deaf ear to his concerns, then to the New York Times and Washington Post. When he still could find no one willing to alert the American people to what their government was really doing in Iraq, Afghanistan, and elsewhere, he turned to Wikileaks.

The rest, as they say, is history. — John W. Whitehead

Executioner in Chief: How a Nobel Peace Prize Winner Became the Head of a Worldwide Assassination Program

Posted: February 13, 2013 in Uncategorized
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“Much of our foreign policy now depends on the hope of benevolent dictators and philosopher kings. The law can’t help. The law is what the kings say it is.”—Ta-Nehisi Coates, writing for The Atlantic

“If George Bush had done this, it would have been stopped.”—Joe Scarborough, former Republican congressman and current MSNBC pundit

When Barack Obama ascended to the presidency in 2008, there was a sense, at least among those who voted for him, that the country might change for the better. Those who watched in awe as President Bush chipped away at our civil liberties over the course of his two terms as president thought that maybe this young, charismatic Senator from Illinois would reverse course and put an end to some of the Bush administration’s worst transgressions—the indefinite detention of suspected terrorists, the torture, the black site prisons, and the never-ending wars that have drained our resources, to name just a few.

A few short years later, that fantasy has proven to be just that: a fantasy. Indeed, Barack Obama has not only carried on the Bush legacy, but has taken it to its logical conclusion. As president, Obama has gone beyond Guantanamo Bay, gone beyond spying on Americans’ emails and phone calls, and gone beyond bombing countries without Congressional authorization. He now claims, as revealed in a leaked Department of Justice memo, the right to murder any American citizen the world over, so long as he has a feeling that they might, at some point in the future, pose a threat to the United States.

Let that sink in. The President of the United States of America believes he has the absolute right to kill you based upon secret “evidence” that you might be a terrorist. Not only does he think he can kill you, but he believes he has the right to do so in secret, without formally charging you of any crime and providing you with an opportunity to defend yourself in a court of law. To top it all off, the memo asserts that these decisions about whom to kill are not subject to any judicial review whatsoever.

The President of the United States of America believes he has the absolute right to kill you based upon secret “evidence” that you might be a terrorist. Not only does he think he can kill you, but he believes he has the right to do so in secret, without formally charging you of any crime and providing you with an opportunity to defend yourself in a court of law. To top it all off, the memo asserts that these decisions about whom to kill are not subject to any judicial review whatsoever. This is what one would call Mafia-style justice, when one powerful overlord—in this case, the president—gets to decide whether you live or die based solely on his own peculiar understanding of right and wrong. This is how far we have fallen in the twelve years since 9/11, through our negligence and our failure to hold our leaders in both political parties accountable to the principles enshrined in the Constitution.

This is what one would call Mafia-style justice, when one powerful overlord—in this case, the president—gets to decide whether you live or die based solely on his own peculiar understanding of right and wrong. This is how far we have fallen in the twelve years since 9/11, through our negligence and our failure to hold our leaders in both political parties accountable to the principles enshrined in the Constitution.

According to the leaked Department of Justice memo, there are certain “conditions” under which it is acceptable for the president to kill a U.S. citizen without the basic trappings of American justice, i.e., a lawyer and a fair hearing before a neutral judge.

First, you have to be suspected of being a “senior operational leader” of al-Qaeda or an “associated force.” Of course, neither of these terms is defined. Making matters worse, the government doesn’t actually have to prove that you’re an “operational leader.” It simply has to suspect that you are. (Of course, if all it takes for the government to pull the trigger and kill a U.S. citizen is a hunch, then the rest of the conditions set out in the memo are moot.)

Second, capturing you has to be “infeasible.” Easy enough, since “infeasibility of capture” includes being unable to capture someone without putting American troops in harm’s way.

Third, you must pose “an imminent threat of violent attack against the United States,” whether or not you can actually execute an attack on our soil. Before you breathe a sigh of relief that perhaps your neck is safe now, keep in mind that the imminence requirement “does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future.” The Bush administration should get some credit here, since it was their creative parsing of the “imminent” threat posed by Saddam Hussein and his so-called weapons of mass destruction that inspired the Obama lawyers to play footloose with the laws on killing American citizens.

In short, by simply asserting that an American citizen is an enemy of the United States, the Obama administration has given itself the authority to murder that individual. This pales in comparison to George W. Bush’s assertion that he could detain an American citizen indefinitely simply by labeling him an enemy combatant.

Compounding this travesty, the Obama administration also insists that the power to target a U.S. citizen for murder applies to any “informed, high-level official of the U.S. government,” not just the president. Therefore, any bureaucrat or politician, if appointed to a high enough position, can target an American for execution by way of drone strikes.

It’s been done before. Without proving that they were “senior operational leaders” of any terrorist organization, the Obama administration used drone strikes to assassinate Anwar al-Awlaki and his 16-year-old son, Abdulrahman, both American citizens.

So now we find ourselves at this strange, surreal juncture where clear-cut definitions of right and wrong and the rule of law have been upended by legal parsing, government corruption, corporate greed, partisan games, and politicians with questionable morals and little-to-no loyalty to the American people.

It’s a short skip and a jump from a scenario where the president authorizes drone strikes on American citizens abroad to one in which a high-level bureaucrat authorizes a drone strike on American citizens here in the United States. It’s only a matter of time. Obama has already opened the door to drones flying in American skies—an estimated 30,000 by 2015, and a $30 billion per year industry to boot.

Yet no matter how much legislation we pass to protect ourselves from these aerial threats being used against us domestically, either to monitor our activities or force us into compliance, as long as the president is allowed to unilaterally determine who is a threat and who deserves to die by way of a drone strike, we are all in danger.

This is surely the beginning of the end of the republic. Not only are we upending the rule of law, but killing people across the globe without accountability seriously undermines America’s long term relationships with other nations. The use of drones to kill American citizens demonstrates just how out of control the so-called “war on terror” has become. A war that by definition cannot be won has expanded to encompass the entire globe. This confirms the fears of those who have been watching as the American drone program has slowly expanded from targeting members of al-Qaeda and the Taliban in Afghanistan and Pakistan to include any person the president cares to see eliminated, not to mention the countless civilians killed along the way.

Retired general Stanley McChrystal has said that drone strikes are “hated on a visceral level” and feed into a “perception of American arrogance.” By attacking small time jihadists, as well as innocent civilians, the American government further inflames populations where terrorist groups are embedded, exciting anti-American sentiment among those who may have previously been an asset to America’s relationship with Muslim countries. In fact, McChrystal and former CIA director Michael Hayden have both expressed concern that American drone strikes are “targeting low-level militants who do not pose a direct threat to the United States.”

For example, Salem Ahmed bin Ali Jaber, a Muslim cleric in Yemen gave a long sermon in August 2012 denouncing Al-Qaeda. A few days later, three members of Al-Qaeda showed up to his neighborhood, saying they wanted to talk with Jaber. Jaber agreed, bringing along his cousin Waleed Abdullah, a police officer, for protection. In the middle of the conversation, a hail of American missiles rained down upon the men, killing them all.

Incidents such as these are the exact reason that America cannot seem to bring an end to its myriad military commitments abroad.  By undermining our potential allies, we simply further endanger American lives. According to Naji al Zaydi, an opponent of Al-Qaeda and former governor of Marib province in Yemen, “some of these young guys getting killed have just been recruited and barely known what terrorism means.” In direct opposition to the stated goal of the “war on terror,” we are creating enemies abroad who will gladly look forward to the day when the United States falls in on itself, like the Roman Empire before it.

Unfortunately, there seems to be no exit from this situation. Too many high-level officials, both Democrats and Republicans, either don’t care, or actively champion the murder of American citizens and innocent civilians alike by the president. As journalist Amy Goodman put it, “the recent excesses of U.S. presidential power are not transient aberrations, but the creation of a frightening new normal, where drone strikes, warrantless surveillance, assassination and indefinite detention are conducted with arrogance and impunity, shielded by secrecy and beyond the reach of law.” — John W. Whitehead