Posts Tagged ‘Donald Trump’

How Tyranny Becomes Entrenched: 9/11 and the Police State’s Endless Power Grabs

Posted: September 10, 2025 in Uncategorized
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“The greatest tyrannies are always perpetuated in the name of the noblest causes.”—Thomas Paine

They said it was for safety.
They said it was for order.
They said it was for the good of the nation.

They always say it’s for something good… until it isn’t.

Nearly a quarter-century after 9/11, we are still living with the consequences of fear-driven government power grabs. What began as “temporary” measures for our security have hardened into a permanent architecture of control.

The bipartisan police-state architecture that began with 9/11 has been passed from president to president and party to party, each recycling the same justifications—safety, security, patriotism—to expand its powers at the expense of the citizenry.

So they locked down the country “for our safety.”
They expanded surveillance “for our security.”
They rounded up anyone who challenged the narrative “for the common good.”
They erased names, ideas, and histories “to prevent offense.”
They forced schools to teach only what was politically correct “for the children.”
They censored speech “for our protection.”
They targeted dissenters “to preserve peace.”
They militarized the streets and called it “law and order.”

These very abuses—once denounced when carried out by the Left—are now cheered, defended, and excused when carried out by the Right.

People who once spoke passionately about truth, freedom, and faith have now fallen silent in the face of injustice, or worse, convinced themselves that nothing is wrong. The very voices that should be warning against tyranny are instead excusing it or looking away.

This is the danger of double standards in politics: every tyranny is rationalized in the moment by its chorus of defenders.

But history teaches that what goes around comes around. If you justify it now, you’ll have no defense when the tables turn.

And yet, time and again, the lies we tell ourselves make it possible. The cult of personality. The blind loyalty to party. The belief that “our side” can’t be the villain.

It never ceases to amaze how far people will go to excuse the actions of their favorite tyrant, even when those actions are the very things they once swore to oppose.

The pattern of justifying tyranny is as old as power itself. Every abuse comes wrapped in the same excuse: we had to do it.

After 9/11, Americans were told the Patriot Act and mass surveillance were “necessary to prevent terrorism.” The result was a sprawling security state that tracks every phone call, every online search, every purchase. The justification was security. The cost was freedom.

Under Obama, drone warfare and the prosecution of whistleblowers were defended as “keeping America safe.” The president even claimed the power to assassinate U.S. citizens abroad without trial. The result was an unaccountable government acting as judge, jury and executioner. The justification was safety. The cost was due process.

During the COVID-19 pandemic, lockdowns and mandates were imposed in the name of “public health,” laying the groundwork for a Nanny State empowered to micromanage every aspect of our lives—where we go, what we buy, who we see. The result was government claiming control over every aspect of daily life. The justification was saving lives. The cost was the right to govern our bodies.

Under Trump, the script is familiar.

National Guard deployments in American cities are justified as “restoring order.” Sweeping surveillance is framed as “protecting communities.” Crackdowns on dissent are defended as “stopping criminals.” Mental health round-ups of the homeless are justified as “helping the vulnerable.” Militarized patrols on city streets are justified as “cleaning up the streets.” Turning ICE into a roving army of lawless thugs is justified as “protecting citizenship.” Censorship and efforts to sanitize American history are now being lauded by the same voices that railed against “cancel culture.”

That same logic has taken a deadly turn abroad. At Trump’s direction, the U.S. carried out a series of preemptive military strikes this year—against Iran’s nuclear sites, against the Houthis in Yemen, and most recently against what the administration claimed was a drug-trafficking boat off the coast of Venezuela. The White House has justified these deadly attacks—carried out without congressional approval or constitutional authorization—as part of the president’s unilateral war-making authority.

This, too, is part of the bipartisan police-state architecture built after 9/11, when presidents claimed open-ended authority to wage preemptive war without meaningful congressional oversight.

What began with Afghanistan and Iraq has metastasized into a global battlefield where any president can launch attacks—on Iran, on Yemen, on Venezuela—without accountability.

As always, the justification is order, safety, and patriotism. The cost is truth, justice and freedom.

Every time Trump expands his powers, the chorus is the same: It wouldn’t be necessary if Democrats had done their job. If you don’t break the law, you have nothing to fear. If you’re not doing anything wrong, why worry?

These are the oldest excuses for tyranny—and they never change. Only the partisanship does.

What makes Trump and those who came before him especially dangerous is not merely their willingness to wield power but the eagerness of their enablers to excuse and defend it at every turn.

History shows that bullies and strongmen can only rise when mobs rally to their side. A tyrant’s greatest weapon is not his fist, but the crowd that cheers him on, intimidates his critics, and convinces itself that might makes right.

The machinery of authoritarianism always needs a chorus of defenders, and today that chorus is louder, more organized, and more dismissive of constitutional limits than ever before.

We have been building to this moment for a long time. Even so, why do people accept tyranny so easily?

First, the cult of personality. When people invest blind faith in a leader, they will excuse anything he does. If he says surveillance is necessary, they believe it. If he says dissenters are enemies, they cheer their punishment. It is the psychology of the mob, cloaked in the loyalty of the true believer.

Second, fear as a political weapon. Every despot knows that frightened people will tolerate almost anything. Fear of terrorism. Fear of crime. Fear of disease. Fear of immigrants. Fear of collapse. Fear makes people beg for the chains that bind them.

Third, the “our side” fallacy. People imagine tyranny is only tyranny when the other side does it. When their side does it, they call it leadership. They call it patriotism. They call it protection. But the abuse doesn’t change when the party label does. Wrong is wrong.

Every new regime that seizes power promises it will use extraordinary authority only for good. And every regime—without exception—uses it to entrench itself at the expense of liberty.

Every generation tells itself the same lies to excuse the same abuses.

Consider the whiplash of partisan double standards:

  • Conservatives who blasted the Obama administration for NSA spying now cheer Trump’s Palantir partnership and AI-driven surveillance that tracks Americans’ digital footprints.
  • Democrats who embraced Biden’s use of emergency orders to advance their agenda have been quick to denounce Trump for ruling by executive order.
  • Those who bristled at COVID mandates under Democrats now applaud Trump’s use of government force to impose his own version of “public safety.”
  • Both sides flip-flop on free speech. Conservatives denounced censorship on college campuses but defend banning “dangerous” books and surveilling dissidents, while liberals oppose Trump’s attempt to whitewash history yet defend platforms censoring speech they deem “harmful” or “hateful.”

The double standard is breathtaking.

Tyranny doesn’t change depending on who carries it out. Yet partisans convince themselves it does. They say: It’s different this time. It’s necessary. It’s for us.

In truth, the only difference is who holds the whip.

The Constitution was designed to restrain exactly this impulse. It does not say: “These rights apply only when the other party is in power.” It does not say: “The executive may rule by decree if he is popular.”

James Madison warned that “if men were angels, no government would be necessary.” But men are not angels. That is why the Constitution separates powers, guarantees due process, and protects speech and assembly—especially in times of crisis.

Every time one party tramples these limits, the other eventually inherits those same powers and uses them in turn. The Patriot Act, passed under Bush, was wielded aggressively under Obama, Trump, and Biden. The executive orders one president signs become the precedents for the next.

“What you excuse today,” history warns us, “will be used against you tomorrow.”

The descent into tyranny always begins with justifications.

The Roman Republic collapsed into empire because senators claimed Caesar needed extraordinary powers to restore order. The republic never recovered.

In 1930s Germany, emergency decrees were defended as temporary measures to stabilize society. They became the permanent architecture of dictatorship.

In post-9/11 America, warrantless surveillance and secret courts were sold as temporary protections. Nearly a quarter-century later, they remain fixtures of government power.

Tyranny is never announced as tyranny. It is always justified as safety, morality, and order. It is always explained away as temporary. And it is always defended by people who believe they are on the winning side.

And so here we are.

A president issues executive orders that erode the Bill of Rights. His supporters applaud. Another president expands surveillance or censorship. His supporters applaud.

Both sides denounce the abuses of their opponents yet sanction the same abuses when carried out by their own.

This is how liberty dies—not with a sudden coup, but with partisan politics valued more than principled freedom.

The police state thrives on this selective outrage. It does not matter which party is in power. The machinery of control grows. The Constitution withers. And the people are left squabbling over whose tyrant is better.

There is only one antidote: principle.

You cannot defend freedom by defending tyranny when your side is in power. You cannot preserve liberty by cheering for its destruction. You cannot expect constitutional limits to shield you tomorrow if you discard them today.

The warnings span centuries. The Founders foresaw the danger: James Madison cautioned against the “gradual and silent encroachments” of government. Thomas Jefferson warned that the natural tendency of power is to grow.

Justice Louis Brandeis later confirmed it from the vantage point of the modern state: “the greatest dangers to liberty lurk in insidious encroachments by men of zeal, well-meaning but without understanding.”

Those warnings went unheeded after 9/11, and we have been paying the price ever since. The bipartisan police-state architecture built in those years has only grown stronger, repurposed by each new administration.

Unless we find the courage to dismantle it, today’s justifications will become tomorrow’s permanent chains.

The lesson is clear: if you want liberty, you must defend it consistently—even when it restrains your own party, your own leader, your own side. Especially then.

What you excuse today will be used against you tomorrow.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, it does not matter whether the abuse comes draped in red or blue. It does not matter whether it is cheered by the Right or justified by the Left.

Tyranny, once excused, becomes entrenched.

Source: https://tinyurl.com/3htehha7

ABOUT JOHN W. WHITEHEAD

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

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John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge.

Court Rules: Trump Can’t Impose State-Sanctioned Ideology on Harvard

Posted: September 6, 2025 in Uncategorized
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BOSTON, Mass. — In a major victory for the First Amendment and academic freedom, a federal court has ruled that the Trump administration’s blatant attempt to force Harvard University to conform to the government’s ideological viewpoint is unconstitutional.

The ruling by Judge Allison D. Burroughs of the U.S. District Court in Boston found that the Trump administration violated the First Amendment when it froze $2.2 billion dollars in research funding in an effort “to require Harvard to overhaul its governance, hiring, and academic programs to comport with the government’s ideology and prescribed viewpoint.” The Rutherford Institute joined a broad coalition of civil liberties organizations—including the ACLU, ACLU of Massachusetts, Cato Institute, Electronic Frontier Foundation, Knight First Amendment Institute, National Coalition Against Censorship, and the Reporters Committee for the Freedom of the Press—in opposing the Trump administration’s attempts to wage a political war on academic freedom and ideological independence.

“This ruling is a powerful rebuke of the government’s attempt to police thought and punish dissent,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “By weaponizing federal funding to force ideological conformity, the Trump administration wasn’t just targeting Harvard—it was launching a war on the First Amendment itself. If the government can dictate what is taught in a university classroom, it won’t stop there—it will try to dictate what is preached in the pulpit, printed in the press, and spoken in the streets. This kind of ideological tyranny is the very danger the First Amendment was written to prevent.”

The district court’s ruling comes in response to an April 2025 move by the Trump administration to cancel billions in research funding and blacklist Harvard from future grants unless the university agreed to: vet students, faculty, and departments for “viewpoint diversity”; alter its hiring, admissions, and curriculum choices to conform to the government’s ideological preferences; submit to a third-party audit of programs that “reflect ideological capture”; and install new leadership committed to enforcing the government’s demands. Refusing to “surrender its independence or relinquish its constitutional rights” and “be taken over by the federal government,” Harvard then filed a lawsuit challenging the government’s actions.

In coming to Harvard’s defense, the coalition’s amicus brief argued that the government cannot use its financial power to force any private institution—liberal or conservative—to adopt state-sanctioned views. The First Amendment, the brief emphasizes, guarantees that private universities retain autonomy over what to teach, how to teach, who will teach, and whom to admit—free from government control or interference. The federal court agreed, ordering the restoration of all previously withdrawn grants and prohibiting the federal government from denying future research funding to Harvard in retaliation for the exercise of its First Amendment rights.

Cecillia D. Wang, Ben Wizner, Vera Eidelman, Brian Hauss, Jessie J. Rossman, and Rachel E. Davidson at ACLU advanced the arguments in the amicus brief in President and Fellows of Harvard College v. U.S. Department of Health and Human Services.

The Rutherford Institute is a nonprofit civil liberties organization dedicated to making the government play by the rules of the Constitution. To this end, the Institute defends individuals whose constitutional rights have been threatened or violated and educates the public on a broad range of issues affecting their freedoms.

Source: tinyurl.com/ycx9acu7

A Police State Presidency: When ‘Rule of Law’ Becomes ‘Rule by Gunpoint’

Posted: September 3, 2025 in Uncategorized
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“The world will soon understand nothing can stop what is coming.”—President Trump

Donald Trump has always been a master of imagery.

From his red MAGA hats to his choreographed rallies, he understands the language of spectacle. Now he has discovered the perfect propaganda machine: AI-generated images.

AI allows the creation of endless variations of Trump-as-warrior, Trump-as-enforcer, Trump-as-savior. These images spread across social media, replicated, remixed, and shared until they become familiar, even normalized.

The latest AI-generated images of Trump, shared on his social media accounts, depict him in the militarized black uniform of a SWAT officer, or in police dress blues.

These memes are carefully crafted signals of how Trump envisions power in America.

These algorithmically perfected images, generated to flood the digital landscape and shape the subconscious of millions, are neither accidental nor new: they are psychological warfare—propaganda that is as old as time.

Propaganda does not persuade through logic. It persuades through familiarity. And Trump’s AI propaganda machine is doing its job: normalizing the sight of a president in a SWAT uniform.

Throughout history, despots have used martial imagery to elevate themselves above the people and justify power by force.

Mussolini wrapped himself in the black shirts of his paramilitaries to rally fascist Italy. Hitler’s carefully staged uniforms and parades signaled total control of the German nation. Stalin and Mao surrounded themselves with martial iconography to convey power over life, death, and law.

The message was always the same: I am not just your leader—I am your protector, your executioner, your law.

Today, Trump joins that lineage—not on a battlefield, but in digital space.

But unlike his predecessors, Trump does not need mass rallies or parades to craft this imagery. Algorithms now do the work of propaganda ministries. And unlike past dictators who required massive propaganda apparatuses, Trump needs only an internet connection and an AI tool to clothe himself in the trappings of authoritarianism.

This may be political theater, but it is also authoritarian propaganda that sends a message that Trump sees himself not as the servant of the people—bound by the Constitution—but as the nation’s chief cop, judge, and executioner.

Under a police state presidency, there are no checks and balances, no due process, no Bill of Rights that should stand in his way. By collapsing the distinction between civil government and militarized force, the president, self-styled as a SWAT chief, suggests that dissent will not be debated—it will be policed.

When Trump dons a SWAT uniform—even digitally—he is telling Americans: this is how I see power. Not as persuasion, not as consent of the governed, but as force delivered at gunpoint.

The SWAT image is the visual embodiment of a police state presidency:

  • It signals raids on the homeless, as Trump’s July 2025 executive order mandated when it directed federal agencies to clear encampments nationwide.
  • It signals mass arrests of immigrants and families rounded up in early morning ICE sweeps.
  • It signals military deployments to American cities, e.g., when Trump sent the National Guard to Los Angeles, a move a federal court recently ruled a violation of the Posse Comitatus Act.
  • It signals treating dissent as criminality, and opposition as insurgency.

For decades, Americans have watched the rise of SWAT teams transform America—and domestic policing—into a militarized state: battering rams breaking down doors, no-knock raids in the dead of night, armored vehicles patrolling suburban streets, flashbang grenades tossed into homes.

SWAT was originally conceived for rare, high-risk emergencies like hostage situations. Today, it has become the default face of the American police state.

The numbers tell the story.

In 1980, there were roughly 3,000 SWAT raids per year in the United States. By the 2000s, that number had skyrocketed to 80,000 annually.

What was once a rare tactic reserved for hostage situations or heavily armed standoffs is now routine police work. The result has been predictably tragic. Children injured by flash-bang grenades. Elderly homeowners killed when they mistook armed agents for intruders. Family dogs shot in the chaos of mistaken raids.

SWAT culture has normalized the use of military tactics against civilians. It has conditioned Americans to accept armored vehicles on Main Street, black-clad officers in ski masks battering down doors, and neighborhoods transformed into war zones.

The courts have long warned against this drift into militarized policing. Yet what good are limits when the president himself imagines donning the uniform of those who kick down doors?

A Constitution that is ignored in practice, even if acknowledged on paper, is no safeguard at all.

Trump’s AI propaganda takes this dangerous normalization a step further: it places the president himself at the head of the raid—the enforcer-in-chief—rendering him the law, the enforcer, and the judge. This is the very definition of dictatorship.

The Constitution was written precisely to prevent such concentration of power. It was written to prevent the rise of a lawless ruler who would make himself enforcer as well as lawgiver.

That is why the Bill of Rights exists—to put clear, inviolable limits on government power. The Fourth Amendment protects against unreasonable searches and seizures. The First protects dissenters and protesters. The Fifth guarantees due process before life, liberty, or property can be taken.

But in the American police state that is rapidly unfolding, citizens are not sovereign individuals but potential suspects. Dissent is not free expression but insurgency. And the citizenry are not seen as equal participants in a social contract but as a populace to be subdued.

This is not merely unconstitutional. It is anti-constitutional.

What makes Trump’s propaganda even more dangerous is how well it aligns with America’s existing drift toward militarization.

  • Police departments nationwide already deploy surplus military equipment: tanks, drones, battlefield weapons.
  • Federal agencies like Homeland Security and ICE conduct raids that look indistinguishable from military operations.
  • Surveillance technology powered by Palantir and other private firms tracks the movements of ordinary citizens.
  • Protests are met with riot gear, tear gas, and mass arrests.
  • The carceral prison state is rapidly expanding. Congressional funding for Trump’s $170 billion prison expansion threatens to make incarceration the government’s default solution to social problems.
  • Military forces are being used for domestic policing. The federalization of the National Guard to suppress immigration protests in Los Angeles, already struck down as unlawful, is a warning of how military power is being recast as domestic policing.

It must be said: Trump did not create this police state reality. But his presidency gleefully amplifies it, recasting America as a nation where “law and order” means rule at gunpoint.

This shift matters because it changes how people imagine power. A president who wears a SWAT uniform—even in AI fantasy—is telling the public: I am not one of you. I am over you.

The most insidious part of this propaganda is not its shock value but its normalizing function, part of a deliberate strategy to acclimate Americans to authoritarian rule.

Images once seen as dystopian now appear as campaign memes. The president as militarized enforcer becomes a shareable joke, a collectible, a digital poster for the faithful.

But every meme conditions the public to accept what would once have been unthinkable. Today it is a picture. Tomorrow it is policy.

This is how authoritarianism advances—not always through tanks in the streets, but through the slow, steady normalization of force as governance.

Every authoritarian regime has used uniforms and slogans to rebrand tyranny as order. The Nazis had their SS uniforms, the Soviets their red star, the Chinese Communists their Mao suits. Symbols matter because they carry meaning deeper than words.

Trump’s SWAT imagery is America’s warning sign. It is the uniform of repression, masquerading as protection. It is the costume of a ruler who governs by intimidation, not law.

We ignore this at our peril.

If we fail to see the danger, if we laugh it off as mere fantasy, we will wake up one day to find the fantasy has become reality.

The Constitution does not permit presidents to be SWAT chiefs. It does not allow them to enforce laws by decree, to jail dissenters at will, or to treat citizens as insurgents. It insists that the president is a public servant, bound by law and accountable to the people.

But that system only survives if “we the people” demand it.

“Nothing can stop what is coming,” declares Trump? On the contrary: tyranny can always be stopped—if liberty lies in the hearts of the people.

The choice before us is clear: do we accept the imagery of the president as SWAT chief, or do we reaffirm the vision of the founders that no man is above the law?

The time to decide is now. The Constitution will not defend itself.

Trump’s AI propaganda declares that law is whatever the president enforces. It declares that rights are privileges, granted or withdrawn by armored men. It declares that nothing—not law, not courts, not people—can stop what is coming.

But as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, that is not the American way.

In a constitutional republic, nothing—not presidents, not uniforms, not threats at gunpoint, not tyranny—should ever be unstoppable.

Americans must decide: will we be governed by the Constitution, or will we be policed by the image of a SWAT-clad ruler who tells us resistance is futile?

The Founders knew the answer. So should we.

Source: https://tinyurl.com/59y3m29c

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. 

Burning the Flag or Torching the Constitution: Only One Destroys Freedom

Posted: August 26, 2025 in Uncategorized
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“There is more than one way to burn a book. And the world is full of people running about with lit matches.”—Ray Bradbury

Cancel culture—political correctness amped up on steroids, the self-righteousness of a narcissistic age, and a mass-marketed pseudo-morality that is little more than fascism disguised as tolerance—has shifted us into an Age of Intolerance.

Nothing illustrates this more clearly than President Trump’s latest executive order calling for criminal charges for anyone who burns the American flag—a symbolic act long upheld by the Supreme Court as protected political expression.

This push is not about patriotism—it is political theater.

For an administration under fire—from the Epstein cover-up to tanking approval ratings and mounting constitutional crises—flag burning serves as symbolic outrage staged as political cover, a culture-war diversion to distract from more serious abuses of power.

Consider the timing: on the very same day Trump announced penalties for flag burning, he also signed an executive order establishing “specialized” National Guard units to patrol American cities under the guise of addressing crime.

This is the real bait-and-switch: cloak military policing in patriotic theater and hope no one notices the deeper constitutional violations taking root.

In other words, Trump’s flag fight is a decoy.

Yet in today’s climate, where mobs on the left and censors on the right compete to silence speech they dislike, even this form of protest is under fire.

In 1989, the U.S. Supreme Court ruled 5-4 in Texas v. Johnson that burning the flag of the United States in protest is an act of protected free speech under the First Amendment.

Today, that ruling matters more than ever, yet there is an important distinction: the First Amendment protects the right to burn your own flag as political expression but not to vandalize public property in the process.

That distinction matters: the Constitution protects dissent, not destruction.

And it’s exactly that distinction—between lawful protest and punished expression—that makes the flag-burning debate so important.

Although the courts have held that symbolic acts of protest deserve the highest protection, the culture wars have turned those protections into battlegrounds. For decades, mobs, politicians, and bureaucrats alike have worked to silence unpopular or politically incorrect opinions.

Whether it’s a student disciplined for refusing to recite the Pledge, an athlete demonized for kneeling during the National Anthem, or a dissenter deplatformed for expressing views outside the mainstream, the message is the same: toe the line or be punished.

This new Age of Intolerance is not limited to the cultural left.

President Trump has been waging his own right-wing brand of cancel culture: sanitizing museums, scrubbing exhibits of “unpatriotic” narratives, renaming anything that doesn’t fit his preferred version of history, and punishing dissenters with executive orders and loyalty oaths.

What the left enforces with trigger warnings and deplatforming, Trump enforces with prosecutions, cultural re-branding and militarization.

They are snowflakes of a different political persuasion, but the result is the same: dissent is silenced, history is rewritten, and only the approved narrative remains.

And here’s the danger: when symbolic outrage is used as a political smokescreen for militarization and constitutional erosion, it distracts Americans from the machinery of control being built in real time. The fight over flags and museums is not just about culture—it is the smokescreen for expanding surveillance, militarization, and police-state powers.

That is why the sudden outrage over disrespect for the country’s patriotic symbols rings so hollow. In a culture where the flag is already plastered on bikinis, beer koozies, and billboards—with little outcry—it’s not reverence that’s driving this crackdown. It’s control.

Worse, it divides the nation and distracts us from the steady rise of the police state.

So, what do the courts actually say about patriotic symbols and protest?

As the U.S. Supreme Court has made clear, Americans have a right to abstain from patriotic demonstrations (West Virginia State Board of Ed. v. Barnette, 1943) and/or actively protest that demonstration, for example, by raising one’s fist during the Pledge of Allegiance (Holloman ex rel. Holloman v. Harland, 2004). These First Amendment protections also extend to military uniforms (worn to criticize the military) and military funeral protests (Snyder v. Phelps, 2011).

Likewise, Americans have a First Amendment right to display, alter or destroy the U.S. flag as acts of symbolic protest speech.

In fact, in Street v. New York (1969), the Supreme Court held that the government may not punish a person for uttering words critical of the flag, writing that “the constitutionally guaranteed ‘freedom to be intellectually . . . diverse or even contrary,’ and the ‘right to differ as to things that touch the heart of the existing order,’ encompass the freedom to express publicly one’s opinions about our flag, including those opinions which are defiant or contemptuous.”

The case arose after Sidney Street, hearing about the attempted murder of civil rights leader James Meredith in Mississippi, burned a 48-star American flag on a New York City street corner to protest what he saw as the government’s failure to protect Meredith. Upon being questioned about the flag, Street responded, “Yes; that is my flag; I burned it. If they let that happen to Meredith, we don’t need an American flag.”

In Spence v. Washington (1974), the Court ruled that the right to display the American flag with any mark or design upon it is a protected act of expression. The case involved a college student who had placed a peace symbol on a three by five foot American flag using removable black tape and displayed it upside down from his apartment window.

Finally, in Texas v. Johnson (1989), the Court held that flag burning was protected speech under the First Amendment. The case arose from a demonstration near the site of the Republican National Convention in Dallas during which protesters marched through the streets, chanted political slogans, staged “die-ins” in front of several corporate offices to dramatize the consequences of nuclear war, and burned the flag as a means of political protest.

In other words, it is precisely the unpopular, controversial, and even offensive expression that the First Amendment exists to protect. As Justice William Brennan wrote in Texas v. Johnson, “If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea offensive or disagreeable.”

More three decades later, that principle is constantly betrayed in practice.

In today’s climate, both political tribes are eager to wield censorship as a weapon. One side shouts down speakers; the other side bans books, rewrites curricula, and prosecutes symbolic dissent like flag burning.

The battlegrounds may differ—college campuses versus classrooms, corporate platforms versus government edicts—but the impulse is the same: to punish those who dare to disagree.

It’s all part of the same authoritarian playbook.

Seen in this light, censorship creep in the name of tolerance becomes even more dangerous.

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

This is why unpopular political protests such as flag burning matter so much: they are the test case for whether we still believe in freedom “for the thought that we hate.”

If freedom means anything, it means that those exercising their right to protest are showing the greatest respect for the principles on which this nation was founded: the right to free speech and the right to dissent.

Frankly, the First Amendment does more than give us a right to criticize our country: it makes it a civic duty.

Let’s not confuse patriotism (love for or devotion to one’s country) with blind obedience to the government’s dictates. That is the first step towards creating an authoritarian regime.

One can be patriotic and love one’s country while at the same time disagreeing with the government or protesting government misconduct. As journalist Barbara Ehrenreich recognizes, “Dissent, rebellion, and all-around hell-raising remain the true duty of patriots.”

That spirit is disappearing. Instead, Americans now rush to silence those they dislike.

This selective tolerance—the essence of cancel culture—is exactly what my late friend and First Amendment champion Nat Hentoff used to denounce as “Free speech for me but not for thee.”

Once that mindset takes root, the First Amendment is already half-lost.

That double standard lies at the heart of our present crisis.

Indeed, I would venture to say that if you’re not speaking out or taking a stand against government wrongdoing—if you’re marching in lockstep with anything the government and its agents dole out—and if you’re prioritizing partisan politics over the principles enshrined in the Constitution, then you’re not a true patriot.

Real patriots care enough to take a stand, speak out, protest and challenge the government whenever it steps out of line.

There is nothing patriotic about the lengths to which Americans have allowed the government to go in its efforts to dismantle our constitutional republic and shift the country into a police state.

The irony is this: it’s not anti-American to be anti-war or anti-police misconduct or anti-racial discrimination—but it is anti-American to be anti-freedom.

What we are witnessing, in the flag-burning debate and far beyond, is a culture war in which political tribes police thought, speech, and even symbolic protest. Those who refuse to conform—whether they burn a flag, take a knee, question authority, or simply refuse to parrot the official line—are demonized, deplatformed, and sometimes even criminalized.

The upshot of all this editing, parsing, banning and silencing is the emergence of a new language, what George Orwell referred to as Newspeak, which places the power to control language in the hands of the totalitarian state. Under such a system, language becomes a weapon to change the way people think by changing the words they use.

And while Orwell imagined it as dystopian fiction, we are living its early chapters now.

The First Amendment is being whittled down not just by government decree but by a culture that rewards conformity and punishes divergence.

In such an environment, burning a flag is not the real danger. The real danger is a society that no longer tolerates free thought at all.

The First Amendment is a steam valve. It allows people to speak their minds, air their grievances and contribute to a larger dialogue that hopefully results in a more just world. When there is no steam valve to release the pressure, frustration builds, anger grows, and people become more volatile and desperate to force a conversation.

The lesson is clear: America requires more than voters inclined to pay lip service to a false sense of patriotism. It requires doers—a well-informed and very active group of doers—if we are to have any chance of holding the government accountable and maintaining our freedoms.

We need to stop acting as if showing “respect” for the country, flag and national anthem is more important than the freedoms they represent.

Listen: I served in the Army. I lived through the Civil Rights era. I came of age during the Sixties, when activists took to the streets to protest war and economic and racial injustice. As a constitutional lawyer, I defend people daily whose civil liberties are being violated, including high school students prohibited from wearing American flag t-shirts to school, allegedly out of a fear that it might be disruptive.

I understand the price that must be paid for freedom.

None of the people I served with or marched with or represented put our lives or our liberties on the line for a piece of star-spangled cloth: we took our stands and made our sacrifices because we believed we were fighting to maintain our freedoms and bring about justice for all Americans.

Responsible citizenship means being outraged at the loss of others’ freedoms, even when our own are not directly threatened.

The Framers of the Constitution knew very well that whenever and wherever democratic governments had failed, it was because the people had abdicated their responsibility as guardians of freedom. They also knew that whenever in history the people denied this responsibility, an authoritarian regime arose which eventually denied the people the right to govern themselves.

Citizens must be willing to stand and fight to protect their freedoms. And if need be, it will entail criticizing the government.

This is true patriotism in action.

Love of country will sometimes entail carrying a picket sign or going to jail or taking a knee or burning a flag, if necessary, to challenge injustice.

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 real danger isn’t someone burning the flag.

The greatest danger we face is the U.S. government torching the Constitution.

Source: https://tinyurl.com/y3hyuj8p

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. 

The Police State Has a New Playbook: Martial Law, One City at a Time

Posted: August 13, 2025 in Uncategorized
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“The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by an endless series of hobgoblins, most of them imaginary.”—H.L. Mencken

Let’s not mince words: every American should be alarmed by President Trump’s “Liberation Day” tactics, theatrics and threats.

What is unfolding in the nation’s capital is a hostile takeover of our constitutional republic.

This is no longer about partisan politics, wag-the-dog distractions from the Epstein debacle, or even genuine national security concerns.

This is martial law disguised as law-and-order—the oldest trick in the authoritarian playbook.

We have been traveling this slippery slope toward a police state for some time, but under Trump 2.0, the descent towards outright tyranny is accelerating.

Building on the expanded emergency powers he has claimed to wage war on immigration, wokeness and the economy, Trump is taking aim at yet another so-called “crisis”—this time, by waging war on crime in the nation’s capital, despite the fact that crime is at a 30-year low.

Under the guise of “restoring order” and “cleaning up” the streets, Trump has called in the National Guard, dispatched the FBI, and federalized the local police in order to take control of Washington, D.C.

This is how the Emergency State operates in the open.

A real but manageable problem—crime, homelessness, public disorder—is inflated into an existential threat.

Fear is manufactured, then exploited to seize more power. (In many cases, the “facts” fueling these crackdowns come directly from the president’s own disinformation machine—manufacturing the perception of danger to justify the expansion of control.)

Whether the trigger is terrorism, civil unrest, economic instability, or public health, the aim remains the same: expand the reach of federal authority, justify more militarized policing, and condition the public to accept the suspension of rights in the name of national security.

Once these powers are taken, they are never willingly relinquished.

Each time, Trump pushes the envelope a little, relying on military optics meant to intimidate.

For instance, on April 28, 2025, Trump signed an Executive Order authorizing mass round-ups of “violent criminals” and “gang members,” empowering federal agencies and military support for domestic law enforcement.

In June, Trump deployed the National Guard to California to quell protests over mass immigration arrests, treating political dissent as a security threat. A bench trial is currently underway to determine if Trump’s actions violated the Posse Comitatus Act, which prohibits the military from being used as a domestic police force.

By midsummer, a mental health detention directive allowed involuntary commitments of the homeless under “public health” grounds.

By August, Trump was deploying FBI agents and the National Guard into the nation’s capital in order to clear homeless encampments because the president says the city is “dirty” and “dangerous.”

At each stage, the scope of who could be targeted by these executive orders and emergency power operations grows wider.

These are not isolated decisions; they are part of a coordinated playbook for bringing local jurisdictions under direct federal control, one crisis at a time.

This is mission creep in action—by breaking the police state’s hostile takeover of the country and our Constitution into a series off incremental moves, the administration sidesteps the broad public backlash that a single, sweeping declaration of martial law would provoke.

Once the federal government claims the authority to override local control, put boots on the ground, and target a designated “dangerous class,” that authority inevitably broadens to sweep in new targets. What begins by targeting violent criminals quickly expands to hardworking immigrants, then the homeless.

Tomorrow those targeted could be protesters, journalists, or anyone deemed undesirable.

These executive orders constitute a war on the American people without a formal declaration of war. Once the definitions of “criminal,” “threat,” and “danger” are used interchangeably to advance political needs, there is no limit to who can be targeted next.

What begins with a narrow claim of emergency power is quickly normalized and made permanent.

We have seen this pattern before.

After 9/11, the Patriot Act’s surveillance powers—initially aimed at foreign terrorists—expanded to include mass monitoring of American citizens. The Transportation Security Administration began as an airport screening agency and now conducts random searches at train stations and sporting events. Predictive policing was sold as a way to stop violent crime, but it is now used to flag political activists and monitor protests.

In each case, a temporary, targeted security measure grew into a permanent tool of control.

The difference today is that the slope has become steeper and the slide faster. What once took years to creep into everyday life now happens in a matter of months.

Four months is all it took for the police state to pivot from “rounding up violent criminals” to patrolling the streets of the capital and forcibly removing the unhoused.

Today, the slope runs from undocumented immigrant sweeps to homeless sweeps.

Tomorrow, it could run from “restoring order” to suppressing lawful dissent in the same span of time.

This is the logical outcome of a formula that has been refined over decades: identify or invent a threat, stoke public fear, expand executive power to “solve” it, normalize the new level of control, then repeat with a broader definition of “threat.”

Each time the public accepts an expansion of authority in the name of security, the next expansion comes faster and goes further.

The dictatorial hunger for power, as Harvard’s Laurence Tribe has observed, is insatiable.

Every crisis becomes a test: of our willingness to let the government sidestep the Constitution, of our tolerance for militarized “solutions” to social problems, of whether the public will resist or comply, of whether those in authority can get away with moving the line yet again.

For decades—from Pearl Harbor to the Red Scare, from 9/11 to the pandemic lockdowns—we have failed that test. Each time, the line moves a little further, the slope gets a little slicker, and the public grows more accustomed to life under occupation.

The players change—Bush, Obama, Trump, Biden, and now Trump again—but the game remains the same: permanent crisis management, permanent power grabs, permanent erosion of liberty.

This is how constitutional limits die—not in one dramatic coup, but in a series of incremental “emergencies” that accustom us to living under permanent federal occupation.

By that measure, the takeover of Washington, D.C., is a chilling case study.

The issue is not whether Trump can seize control of DC. Under section 740 of the District of Columbia Home Rule Act, the president may do so for 48 hours without congressional approval and up to 30 days with notice to Congress.

It’s worth noting that this provision has never been invoked before, and certainly not for the purpose of cleaning up squalor. The law was envisioned for truly extraordinary crises—natural disasters, large-scale riots—not as a political tool for executive housecleaning.

So the question we must ask as the symbolic heart of the republic is transformed into a constitution-free zone is: Why? Why now—when crime is at its lowest level in three decades? And where do we go from here?

The federal takeover of Washington, D.C., is not the end of that slippery slope. It is merely the latest drop, and nothing in our present political climate suggests it will be the last.

The police state will always need another manufactured crisis.

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

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

Given the rate at which the government keeps devising new ways to establish itself as the “solution” to all of our worldly problems at taxpayer expense, each subsequent crisis ushers in ever larger expansions of government power and fewer individual liberties.

Once the government acquires authoritarian powers—to spy, surveil, militarize police, seize funds, wage endless wars, censor speech, detain without due process, etc.—it does not willingly relinquish them.

The lesson for the ages is this: once any government is allowed to overreach and expand its powers, it’s almost impossible to put the genie back in the bottle.

History bears this out: as government expands, liberty contracts.

If the president can federalize the policing of the capital, override local control, and treat entire populations as security threats without meaningful resistance from Congress, the courts, or the public, then there is nothing to stop that same template from being applied to any city in America in the name of “security.”

What is happening in Washington today will be the model for what happens nationwide tomorrow.

Case in point: at Trump’s direction, the Pentagon—the military branch of the government—is looking to establish a “Domestic Civil Disturbance Quick Reaction Force,” made up of National Guard troops kept on standby at all times, which could be rapidly deployed to American cities “facing protests or other unrest.”

Indeed, Trump has already hinted that he plans to target Baltimore, Chicago, Los Angeles, New York and Oakland next.

This is straight out of the playbook used in that Pentagon training video created by the Army for U.S. Special Operations Command.

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.

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.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, “we the people” are already enemies of the state.

If we do not stop this dangerous trajectory now, the question will not be whether martial law comes to your city—it will be when, under what pretext, and whether we will have the courage and the wherewithal to resist.

Source: https://tinyurl.com/38jrjz6b

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. 

Theft of a Nation: How the Deep State Swamp Is Stealing the People’s Power

Posted: August 5, 2025 in Uncategorized
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“Whatever crushes individuality is despotism, by whatever name it may be called, and whether it professes to be enforcing the will of God or the injunctions of men.”—John Stuart Mill, On Liberty

“Power to the people.”—John Lennon

What on earth is happening to this country?

How, over the course of 250 years, did we go from prizing self-government to allowing a corrupt, self-serving ruling elite to dominate us with terror campaigns, brute force, and psychological warfare?

Don’t be fooled: the madness, mayhem and malice unfolding in America is not politics as usual. It’s not partisan hardball. It’s not bureaucratic overreach.

It’s theft in the gravest sense imaginable: the theft of our nation, the theft of our sovereignty as citizens, the theft of our constitutional republic.

This isn’t just corruption—it’s a betrayal of the very purpose for which governments are instituted. As John Locke warned, when those in power break the social contract by seizing rights they were appointed to protect, they no longer govern with the consent of the people—they rule by force, and the people are justified in resisting.

The Declaration of Independence echoed this principle: “When a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government.”

What we face now is just such a train of abuses—systematic, strategic, and swift.

The government is seizing what does not belong to it: our voice, our rights, our power to choose and to resist. It is robbing us of the very tools of self-government—accountability, transparency, representation, free speech, bodily autonomy—and replacing them with coercion, propaganda, and force.

So when the White House threatens to withhold FEMA aid from states that won’t endorse its foreign policy? That’s theft.

When the president attacks the courts for calling out executive overreach? That’s theft.

When the media is muzzled, the police state expands, and new concentration camps rise? All of it—theft.

We are being robbed blind in broad daylight by the very individuals entrusted with safeguarding our rights and our republic.

Despite his assurances to the contrary, Donald Trump never had any intention of draining the swamp. He is the swamp.

Yet make no mistake: this didn’t start with Trump. The groundwork for this theft was laid long before—through successive administrations, both Republican and Democrat—that expanded executive power, hollowed out the Constitution, and normalized the rule of force over the rule of law.

What Trump has done is remove the mask, weaponize the tools of tyranny, and accelerate the dismantling of the republic in full view of the people.

Here are just a few of the many ways the Trump administration—no different than its predecessors in motive, yet far more brazen in execution—is stealing the birthright of the American people and cementing the transformation of the republic into a government of wolves.

  • Police, once tasked with serving the people, now act as an occupying force—conducting no-knock raids in the dead of night, using military-grade weapons against civilians, and treating constitutional rights as optional.
  • ICE agents, incentivized by massive $50,000 bonuses and shielded from accountability, behave more like mercenaries than law enforcement—disappearing immigrants, terrorizing families, and operating far outside the bounds of due process.
  • Fourth Amendment protections, under constant assault, have become optional. Armed police raids—often executed without warrants or on faulty intelligence—are increasing in frequency and aggression. Constitution-free zones now extend well beyond the border, with entire communities living under constant threat of militarized home invasions and door-to-door sweeps.
  • Elected representatives enrich themselves through insider trading, while the crises they help manufacture devastate the populace.
  • Federal courts are being threatened or ignored outright when they attempt to check executive overreach. Judges who speak out are branded enemies of the state.
  • Whistleblowers, journalists, and truth-tellers are prosecuted, surveilled, or silenced—treated as threats to national security. Journalism, once protected as a check on power, is under siege.
  • Statisticians, public health experts, and government researchers are being purged or silenced when their data doesn’t support the administration’s narrative. We are living in the shadow of George Orwell’s Ministry of Truth, where facts are negotiable, history can be rewritten, and reality is whatever the Deep State says it is.
  • Disaster relief, foreign policy, and executive authority have been weaponized to punish dissent.
  • The Department of Justice has become a tool of loyalty enforcement—targeting dissenters while shielding cronies.
  • Meanwhile, the Epstein files remain sealed. Despite public outcry and compelling evidence of elite involvement in Jeffrey Epstein’s sex trafficking network, the Trump administration has refused to release the full client list or investigative records. In doing so, it continues the bipartisan pattern of shielding the powerful from scrutiny while everyday Americans face ever-expanding surveillance, suspicion, and punishment.
  • Public lands are being auctioned off to corporate allies without oversight or accountability.
  • Citizenship is no longer a birthright but a privilege granted or revoked by political fiat.
  • Digital platforms, pressured by federal agencies, now censor views deemed “inconvenient” to the state.
  • Education is being reshaped to discourage critical thought and enforce ideological conformity.
  • Government services, once created to serve the public good, are now political weapons—used to reward loyalty, punish dissent, and control the masses through selective aid and ideological enforcement.
  • Executive orders have become tools of rule-by-decree, bypassing Congress and obliterating checks and balances.
  • Economic chaos is being weaponized strategically. By manufacturing crises, withholding aid, and destabilizing budgets, the Deep State has found a new way to consolidate power, transfer wealth upwards, and condition compliance.
  • Corruption is not punished. It’s rewarded—so long as it serves the power elite.

And while all of this is happening, the Trump administration is doing everything it can to keep the citizenry distracted, divided, and demobilized—peddling outrage, manufacturing crises, stoking culture wars and threatening global wars.

Transparency is buried beneath spectacle. Accountability is drowned out by distraction. And by the time we look up from the latest scandal or political brawl, another piece of the republic has been carved away.

Bit by bit, freedom is being caged. And what is emerging in its place is a vast, inescapable prison—walled in not by bars, but by bureaucracy, deception, and brute force.

Aided and abetted by the Trump administration, the Deep State is turning the entire country into one sprawling, swampy, digitally surveilled Alligator Alcatraz: a carceral state in which every citizen is suspect, every movement is monitored, and escape routes are vanishing fast.

When “we the people” no longer have a say in how we’re governed—when we have no way to guard against our trust being abused and our rights violated—when we have no way to counter government efforts to silence our voices, manipulate our choices, and erase our rights—what remains is not a constitutional republic.

It’s a prison. A prison made of laws perverted, truths twisted, and power unchecked.

Yet the government—present and past—is stealing more than just power. It’s stealing the people’s ability to be the government.

This is not just about the loss of freedom. It is the systematic dismantling of self-government—of the people’s role as the final check on power. And it begins subtly. It begins with our right to know what is happening in our own government being blocked.

Transparency—the cornerstone of any functioning representative democracy—is vanishing behind a fortress of secrecy. Laws meant to hold power accountable are neutered by “national security” exemptions and stonewalled FOIA requests. The government issues secret executive orders, redacts critical information, and shields entire policy regimes from public view.

What we don’t know can and will hurt us.

Next goes the right to participate. Representation, once a sacred principle, has been reduced to a numbers game—rigged congressional maps, voter roll purges, and data-driven manipulation that keep incumbents entrenched and challengers out. The people are no longer choosing their representatives; representatives are choosing their people.

Dissent—an essential function of free government—is now pathologized, criminalized, or digitally erased. Protesters are surveilled, activists labeled extremists, and speech censored through backdoor collusion between federal agencies and tech platforms. The First Amendment is being gutted in real time.

Even physical sovereignty is under assault. The right to bodily autonomy has been quietly subverted by biometric tracking, mental health detentions, and proposed mandates for wearable surveillance devices. What was once science fiction is now federal policy. In the name of safety, every heartbeat, step, and biometric signal is being harvested, scored, and archived.

Meanwhile, civil liberties once considered foundational—due process, freedom from arbitrary detention, the presumption of innocence—are being erased by executive edict. With the stroke of a pen, entire populations (immigrants, homeless individuals, protest organizers) can be swept up, locked away, and denied basic constitutional protections.

Local communities, too, are being robbed of their self-governance. Cities that seek to set their own course—whether through sanctuary laws, public health rules, or environmental standards—are being overridden by federal command. Militarized police forces, far from acting like local peace officers, have become extensions of the government’s standing army.

Even the symbolism of the republic is being repurposed. The White House is daily becoming less a house of the people and more a gilded monument to imperial presidency.

This is not democracy.

This is the theft of a nation in real time by those entrusted with the highest offices of power, who use their power to strip “we the people” of our sovereignty and our rights.

The founders warned us against kings. What we face now is far more insidious: an executive branch that pays lip service to freedom while locking down the nation.

This is not how free people are governed.

This is how free people are ruled.

If the people are no longer allowed to check power, to criticize it, to reform it, to influence it, or even to see it—then we no longer have a government of the people, by the people, or for the people.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, we have a government against the people.

The answer, as the Founders understood—and as poets from Percy Bysshe Shelley to John Lennon have urged—is that there is power in our numbers if only we would stand united against tyranny.

To quote Shelley:

“Rise like Lions after slumber
In unvanquishable number—
Shake your chains to earth like dew
Which in sleep had fallen on you—
Ye are many—they are few.”

Unless we wake up to what is being stolen from us—not just our rights, but our role as masters, not servants—we may find that the chains we refused to shake off have become impossible to break.

Source: https://tinyurl.com/bdduhhm3

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. 

The Untouchables: The Sexual Predators Within America’s Power Elite

Posted: July 22, 2025 in Uncategorized
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“Now by coming in and being part of the cover-up, the Trump administration has become part of it. I mean, it’s just you cannot see it any other way.”—Alex Jones, InfoWars

Once again, the American police state is choosing to protect predators, not victims.

Jeffrey Epstein—the hedge fund billionaire/convicted serial pedophile and sex trafficker—may be dead, but the machinery that empowered and protected him is still very much alive.

You see, the Epstein case was never just about Epstein—it was about the entire edifice of power that shields the ruling class, silences victims, and erases accountability.

Thus, the latest about-face declarations from the Trump administration—that Epstein had no client list, that he did in fact kill himself, and that there’s nothing more to discuss or investigate so we should just move on—have only reinforced what many have suspected all along: the system is rigged in order to protect the power elite because the power elite are the system.

In this age of partisan politics and a deeply polarized populace, corruption—especially when it involves sexual debauchery, depravity and predatory behavior—has become the great equalizer.

With the reemergence of Jeffrey Epstein’s ghost in the public discourse, we are once again reminded of just how deep the rot goes.

Politics, religion, entertainment, business, law enforcement, the military—it doesn’t matter the arena or affiliation: all are riddled with the kind of seedy, depraved behavior that gets a free pass when it involves the powerful.

For years, the Epstein case has stood as a grotesque emblem of the depravity within America’s power elite: billionaires, politicians, and celebrities who allegedly trafficked in sex with young girls while insulated from accountability.

It is believed that Epstein, who died in jail after being arrested on charges of molesting, raping and sex trafficking dozens of young girls, operated a sex trafficking ring not only for his own personal pleasure but also for that of his friends and business associates.

According to The Washington Post, “several of the young women…say they were offered to the rich and famous as sex partners at Epstein’s parties.”

Despite the government’s insistence there’s nothing more to see, here’s what the public record already reveals:

  • Epstein ferried his friends about on his private plane, nicknamed the “Lolita Express” after the Nabokov novel, due to the presence of what appeared to be underage girls on board.
  • Both Bill Clinton and Donald Trump were counted among Epstein’s friends.
  • Both Clinton and Trump were at one time passengers on the Lolita Express.
  • Both Clinton and Trump are renowned womanizers who have been accused of sexual impropriety by a significant number of women over the years. In fact, The Rutherford Institute represented Paula Jones in her landmark sexual harassment lawsuit against then-President Clinton—a case that helped expose how far the political establishment will go to shield its own.

So you have to wonder… when President Trump, who has used his administration’s war on human trafficking to justify expanding the government’s police state powers, quietly dismantles the very government agencies tasked with investigating and exposing sex trafficking… what exactly is going on?

The message from the top is clear: there will be no accountability.

President Trump has flatly refused to appoint a special prosecutor. His allies in Congress have gone silent. And the same politicians who demand the harshest punishments for undocumented immigrants, protesters, or whistleblowers have nothing to say about the systematic abuse of minors by men in their own orbit.

This isn’t justice. It’s a double standard—one set of rules for the untouchables, and another for everyone else.

If it looks like a cover-up, smells like a cover-up, and appears to benefit all the usual suspects, is it so far-fetched to suspect that the government is once again closing ranks to protect the members of its power elite?

We’ve seen it before: from the CIA’s MK-Ultra experiments and the FBI’s COINTELPRO operations to the Pentagon Papers, Iran-Contra, CIA black sites, and NSA mass surveillance.

Each time, secrecy protected the powerful and betrayed the people.

And it will keep happening—again and again—unless we confront the truth hiding in plain sight: that abuse of power is not an aberration of the system—it is the system.

Nowhere is that more apparent than in the shadow economy of sex trafficking, where power, profit, and predation converge.

The trafficking of children, the shielding of perpetrators, the systematic silencing of victims—this isn’t a conspiracy theory. It’s a business model.

This is America’s seedy underbelly.

Child sex trafficking—the buying and selling of women, young girls and boys for sex, some as young as 9 years old—has become big business in America. It is the fastest growing business in organized crime and the second most-lucrative commodity traded illegally after drugs and guns.

Adults purchase children for sex at least 2.5 million times a year in the United States.

It’s not just young girls who are vulnerable to these predators, either. Boys account for over a third of victims in the U.S. sex industry.

Who buys a child for sex?

Otherwise ordinary men from all walks of life. “They could be your co-worker, doctor, pastor or spouse,” writes journalist Tim Swarens, who spent more than a year investigating the sex trade in America.

Ordinary men, yes. But then there are the so-called extraordinary men—like Jeffrey Epstein—with wealth, connections, and protection who are allowed to operate according to their own rules.

These men skate free of accountability because the criminal justice system panders to the powerful, the wealthy and the elite.

Over a decade ago, when Epstein was first charged with raping and molesting young girls, he was gifted a secret plea deal with then-U.S. Attorney Alexander Acosta, President Trump’s first term Labor Secretary, that allowed him to evade federal charges and be given the equivalent of a slap on the wrist: allowed to “work” at home six days a week before returning to jail to sleep.

That secret plea deal has since been ruled illegal by a federal judge.

Yet here’s the thing: Epstein did not act alone.

I refer not only to Epstein’s accomplices, who recruited and groomed the young girls he is accused of raping and molesting, but his circle of influential friends and colleagues that at one time included Bill Clinton and Donald Trump.

As the Associated Press points out, “The arrest of the billionaire financier on child sex trafficking charges is raising questions about how much his high-powered associates knew about the hedge fund manager’s interactions with underage girls, and whether they turned a blind eye to potentially illegal conduct.”

In fact, a decision by the Second Circuit Court of Appeals allowing a 2,000-page document linked to the Epstein case to be unsealed references allegations of sexual abuse involving “numerous prominent American politicians, powerful business executives, foreign presidents, a well-known Prime Minister, and other world leaders.”

This is not a minor incident involving minor players. Nor are these partisan missteps.

They are systemic betrayals. The predators wear red and blue alike, and the silence spans both aisles of power.

This is the darkness at the heart of the American police state: a system built to shield the powerful from justice.

Sex slaves. Sex trafficking. Secret societies. Powerful elites. Government corruption. Judicial cover-ups.

Once again, fact and fiction mirror each other.

Twenty years ago, Stanley Kubrick’s final film Eyes Wide Shut provided viewing audiences with a sordid glimpse into a secret sex society that indulged the basest urges of its affluent members while preying on vulnerable young women. It is not so different from the real world, where powerful men, insulated from accountability, indulge their base urges.

Kubrick suggested these secret societies flourish because the public chooses not to see what’s right in front of them, content to navigate life in denial about the ugly, obvious truths in our midst.

In so doing, we become accomplices to abusive behavior in our midst.

This is how corruption by the power elite flourishes.

For years, investigative journalists and survivors have documented how blackmail, intelligence agency ties, and financial leverage helped shield elite sexual predators—not just from prosecution, but from public scrutiny.

For every Epstein who is—finally—called to account for his illegal sexual exploits after years of being given a free pass by those in power, there are hundreds (perhaps thousands) more in the halls of power and wealth whose predation continues unabated.

While Epstein’s alleged crimes are heinous enough on their own, he is part of a larger narrative of how a culture of entitlement becomes a cesspool and a breeding ground for despots and predators.

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

Give any one person—or government agency—too much power and allow them to believe that they are entitled, untouchable and will not be held accountable for their actions, and those powers will be abused.

History proves it. The present moment confirms it.

We see this dynamic play out every day in communities across America.

A cop shoots an unarmed citizen for no credible reason and gets away with it. A president employs executive orders to sidestep the Constitution and gets away with it. A government agency spies on its citizens’ communications and gets away with it. An entertainment mogul sexually harasses aspiring actresses and gets away with it. The U.S. military bombs a civilian hospital and gets away with it.

It’s no coincidence that the same administration dismantling offices tasked with fighting human trafficking is also defunding the few agencies left to hold law enforcement accountable.

Under President Trump, the Department of Justice has been restructured to prioritize loyalty over justice, protection over prosecution. Offices once dedicated to civil rights enforcement, police oversight, and public accountability have been gutted or quietly sidelined.

Consider the case of former Louisville officer Brett Hankison, who blindly fired ten rounds into Breonna Taylor’s apartment during a botched no-knock raid. Hankison was ultimately convicted—not for killing Taylor, but for depriving others of their civil rights. And yet Trump’s DOJ asked the court to sentence Hankison to one day in prison—the equivalent of time served during booking.

In other words, in Trump’s view, the powerful and their enforcers should walk free while the dead are buried and the public is told to move on.

And it’s not just trigger-happy policing that goes unpunished.

Across the country, law enforcement officers have repeatedly been caught running sex trafficking rings, abusing women and girls in their custody, or exploiting their badge to coerce sex—with little to no consequence.

From Louisiana to Ohio to New York, officers have been arrested for trafficking underage girls, assaulting vulnerable women, and raping detainees—often shielded by unions, prosecutors, or a blue wall of silence.

This isn’t a few bad apples. It’s a culture of impunity baked into the system.

This is how the system works, protecting the untouchables—not because they’re innocent, but because the system has made them immune.

Abuse of power—and the ambition-fueled hypocrisy and deliberate disregard for misconduct that make those abuses possible—works the same whether you’re talking about sex crimes, government corruption, or the rule of law.

It’s the same old story all over again: man rises to power, man abuses power abominably, man intimidates and threatens anyone who challenges him with retaliation or worse, and man gets away with it because of a culture of compliance in which no one speaks up because they don’t want to lose their job or their money or their place among the elite.

Sexual predators aren’t the only threat.

For every Epstein or Clinton, every Weinstein, Ailes, Cosby, or Trump who eventually gets called out for his sexual misbehavior, there are hundreds—thousands—of others in the American police state who are getting away with murder—in many cases, literally—simply because they can.

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

For too long now, Americans have tolerated an oligarchy in which a powerful, elite group of wealthy donors is calling the shots.

We need to restore the rule of law for all people, no exceptions.

The rule of law means no one gets a free pass—no matter their wealth, status, or political connections.

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 empowerment of petty tyrants and political gods must end.

Source: https://tinyurl.com/y6fycmbz

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. 

The Rise of the Prison State: Trump’s Push for Megaprisons Could Lock Us All Up

Posted: July 9, 2025 in Uncategorized
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“You think we’re arresting people now? You wait till we get the funding to do what we got to do.”—Tom Homan, Trump’s border czar

America is rapidly becoming a nation of prisons.

Having figured out how to parlay presidential authority in foreign affairs in order to sidestep the Constitution, President Trump is using his immigration enforcement powers to lock up—and lock down—the nation.

After all, a police state requires a prison state. And no one is cheering louder than the private prison corporations making money hand over fist from Trump’s expansion of federal detention.

Under the guise of national security and public safety, the Trump administration is engineering the largest federal expansion of incarceration and detention powers in U.S. history.

At the center of this campaign is Alligator Alcatraz, a federal detention facility built in the Florida Everglades and hailed by the White House as a model for the future of federal incarceration. But this is more than a new prison—it is the architectural symbol of a carceral state being quietly constructed in plain sight.

With over $170 billion allocated through Trump’s megabill, we are witnessing the creation of a vast, permanent enforcement infrastructure aimed at turning the American police state into a prison state.

The scope of this expansion is staggering.

The bill allocates $45 billion just to expand immigrant detention—a move that will make ICE the best-funded federal law enforcement agency in American history, with more money than the FBI, the DEA, and the Bureau of Prisons combined.

Yet be warned: what begins with ICE rarely ends with ICE.

Trump’s initial promise to crack down on “violent illegal criminals” has evolved into a sweeping mandate: a mass, quota-driven roundup campaign that detains anyone the administration deems a threat, regardless of legal status and at significant expense to the American taxpayer: immigrants, activists, journalists, business owners, military veterans, and even spouses of American citizens.

What’s more, the vast majority of those being detained are not violent criminals.

According to analyst Robert Reich, 71.7 percent of ICE detainees have no criminal record. Many are longtime residents, laborers, and small business owners—people who have contributed to the economy for years.

Removing these individuals from the workforce and imprisoning them not only devastates families and communities—it burdens taxpayers and weakens the economy.

According to the Department of Homeland Security, it costs more than $150 a day to detain a single immigrant—totaling over $3 billion annually for ICE detention alone. Meanwhile, undocumented workers contribute an estimated $96 billion in federal, state and local taxes each year, and billions more in Social Security and Medicare taxes that they can never claim.

These are the workers who keep industries running—doing the jobs many Americans refuse. Locking them up doesn’t save money; it dismantles the very labor force that sustains the economy.

Like so many of the Trump administration’s grandiose plans, the math doesn’t add up.

Just as Trump’s tariffs have failed to revive American manufacturing and instead raised consumer prices, this detention-state spending spree will cost taxpayers far more than it saves.

It’s not just authoritarian—it’s bad economics, funneling tax dollars into a bureaucracy that grows government while delivering no real public benefit.

We’re being told it’s about public safety and border control—but in reality, it’s a bloated, inefficient bureaucracy that shifts billions from productive parts of the economy into a black hole of surveillance, cement, and razor wire.

Making matters worse, many of these detained immigrants are then exploited as a pool of cheap labor inside the very facilities where they’re held.

In other words, this isn’t just a prison expansion—it’s a taxpayer-funded machine that extracts labor from the very people it imprisons, while draining billions from the economy and undermining the industries it claims to protect in order to help corporations make a larger profit.

According to The New York Times, at least 60,000 immigrants were put to work in ICE detention centers in 2013—more than were employed by any single private employer in the country at the time. Paid as little as 13 cents an hour—or nothing at all—these civil detainees were used to prepare meals, clean facilities, and even provide services to other government institutions.

Unlike convicted criminals, these individuals are not serving sentences. Most are civil detainees awaiting immigration hearings, and roughly half are ultimately allowed to stay in the country. Yet while they await due process, they are locked up, stripped of their rights, and forced to work for pennies on the dollar—all while the government and its contractors avoid paying minimum wage and save tens of millions a year in labor costs.

This isn’t just about cutting corners. It’s a taxpayer-subsidized racket—a corporatist scheme where politically connected companies profit from government largesse, growing the very bureaucratic state that so-called fiscal conservatives once claimed to oppose.

This kind of exploitation is not limited to immigration detention.

An investigation by the Associated Press found that prisoners in the United States—many held in private or underregulated facilities—are part of a multibillion-dollar empire that supplies a hidden labor supply chain linked to hundreds of popular food brands and supply companies.

As the Associated Press reports, “The goods these prisoners produce wind up in the supply chains of a dizzying array of products found in most American kitchens, from Frosted Flakes cereal and Ball Park hot dogs to Gold Medal flour, Coca-Cola and Riceland rice. They are on the shelves of virtually every supermarket in the country, including Kroger, Target, Aldi and Whole Foods. And some goods are exported, including to countries that have had products blocked from entering the U.S. for using forced or prison labor.”

It’s no coincidence that 90 percent of people in immigration detention are held in privately run facilities. These corporations profit from every additional body behind bars—and have lobbied aggressively for the policies that keep the beds full. Their contracts often guarantee minimum occupancy levels, creating perverse incentives to detain more people, for longer periods, at the expense of justice and human rights.

The implications for Trump’s detention empire are chilling.

At a time when the administration is promising mass deportations to appease anti-immigrant hardliners, it is simultaneously constructing a parallel economy in which detained migrants can be pressed into near-free labor to satisfy the needs of industries that depend on migrant work.

What Trump is building isn’t just a prison state—it’s a forced labor regime, where confinement and exploitation go hand in hand. And it’s a high price to pay for a policy that creates more problems than it solves.

As the enforcement dragnet expands, so too does the definition of who qualifies as an enemy of the state.

Erected under the banner of law and order, this permanent infrastructure of incarceration and enforcement is being put in place now for use tomorrow—not just against violent criminals who happen to be undocumented immigrants, but against whoever the government deems undesirable.

Increasingly, not even citizenship is a safeguard against the carceral state—as one recent case involving a legal U.S. resident arrested for his political views makes chillingly clear.

The Trump administration is now pushing to review and revoke the citizenship of Americans it deems national security risks—targeting them for arrest, detention, and deportation.

Unfortunately, the government’s definition of “national security threat” is so broad, vague and unconstitutional that it could encompass anyone engaged in peaceful, nonviolent, constitutionally protected activities—including criticism of government policy or the policies of allied governments like Israel.

In Trump’s prison state, no one is beyond the government’s reach.

Just ask Mahmoud Khalil, a legal U.S. resident married to a U.S. citizen who was detained for months by ICE for daring to peacefully oppose Israel’s war efforts in Gaza. Khalil’s arrest was not based on any crime—but on his political views, which the government labeled a national security concern under a little-used statute that allows the Secretary of State to deport non-citizens for expressing views deemed contrary to U.S. foreign policy interests.

A federal judge ultimately ordered Khalil’s release, finding that the detention likely violates due process rights when coupled with First Amendment protections. As the judge warned, if such a law can be used against Khalil, “then other, similar statutes can also one day be made to apply. Not just in the removal context, as to foreign nationals. But also in the criminal context, as to everyone.”

In other words, exercising your First Amendment rights can land you in a cell—citizen or not.

Despite the Trump administration’s efforts to criminalize dissent and expand the machinery needed to enforce it, this is not a partisan expansion—it’s a structural one and it is being built to outlast any single presidency.

Look closer and you’ll see the outlines of a system built not for justice, but for mass containment and control.

This isn’t speculation. We’ve seen this trajectory before.

Critics of the post-9/11 security state—left, right, and libertarian alike—have long warned that the powers granted to fight terrorism and control immigration would eventually be turned inward, used against dissidents, protestors, and ordinary citizens.

That moment has arrived.

Power, once granted, rarely shrinks. It merely changes hands.

That’s why the Founders placed limits on federal power in the first place—because they knew that even well-meaning government programs would metastasize into tyranny if left unchecked.

Yet Trump’s most vocal supporters remain dangerously convinced they have nothing to fear from this expanding enforcement machine. But history—and the Constitution—say otherwise.

Our founders understood that unchecked government power, especially in the name of public safety, is the most dangerous threat to liberty. That’s why they enshrined rights like due process, trial by jury, and protection from unreasonable searches.

Those safeguards are now being hollowed out.

Immigration courts already operate without juries and allow indefinite detention. Civil liberties have been eroded by predictive policing, no-knock raids, and dragnet surveillance. Asset forfeiture laws allow the government to seize property without charges.

Now, with billions more in detention funding, these tactics are being scaled up and normalized for broader use.

And the public is being conditioned to accept it.

The pageantry surrounding Alligator Alcatraz isn’t just about capacity—it’s about spectacle. The prison, which was built in eight days, features more than 200 security cameras, 28,000-plus feet of barbed wire and 400 security personnel.

This is not a correctional facility. It’s a warning.

A government that rules by fear must maintain that fear.

Trump’s detention expansion—like the mass surveillance programs before it—is not about making America safe. It’s about following the blueprints for authoritarian control in order to lock down the country.

The Trump administration claims its expanding detention regime is aimed at curbing illegal immigration and violent crime. In reality, the new federal budget significantly broadens ICE’s mandate and resources, supercharges its reach through private-public surveillance partnerships, and grants it sweeping policing powers to investigate so-called domestic threats, operate pretrial detention centers, and detain individuals without formal charges under emergency powers.

These are not the tools of a free society. They are the instruments of a permanent security state.

We’re told we must trade liberty for security. But whose security, and at what cost?

With this expansion, we are moving from a nation of laws to a nation of executive decrees, predictive enforcement, and pre-crime detention. Already, courtrooms have become conveyor belts to prison, designed to serve the state, not justice.

The government’s targets may be the vulnerable today—but the infrastructure is built for everyone: Trump’s administration is laying the legal groundwork for indefinite detention of citizens and noncitizens alike.

Executive power during a declared emergency knows few bounds. And those bounds are becoming looser with every new bill, every new detention center, every new algorithm.

This is not just about building prisons. It’s about dismantling the constitutional protections that make us free.

A nation cannot remain free while operating as a security state. And a government that treats liberty as a threat will soon treat the people as enemies.

This is not a partisan warning. It is a constitutional one.

Trump’s supporters may cheer the crackdown now, but what happens when these powers are turned inward?

What happens when a future administration—left, right, or otherwise—decides that your political speech, your religious views, or your refusal to comply with a federal mandate constitutes a threat to order?

What happens when you’re arrested under suspicion, held without trial, and processed through a court system designed for speed, not fairness?

What happens when Alligator Alcatraz becomes the model for every state?

We are dangerously close to losing the constitutional guardrails that keep power in check.

The very people who once warned against Big Government—the ones who decried the surveillance state, the IRS, and federal overreach—are now cheering for the most dangerous part of it: the unchecked power to surveil, detain, and disappear citizens without full due process.

Limited government, not mass incarceration, is the backbone of liberty.

The Founders warned that the greatest threat to liberty was not a foreign enemy, but domestic power left unchecked. That’s exactly what we’re up against now. A nation cannot claim to defend freedom while building a surveillance-fueled, prison-industrial empire.

Trump’s prison state is not a defense of America. It’s the destruction of everything America was meant to defend.

We can pursue justice without abandoning the Constitution. We can secure our borders and our communities without turning every American into a suspect and building a federal gulag.

But we must act now.

History has shown us where this road leads. As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, once the machinery of tyranny is built, it rarely stays idle.

If we continue down this path, cheering on bigger prisons, broader police powers, and unchecked executive authority—if we fail to reject the dangerous notion that more prisons, more power, and fewer rights will somehow make us safer—if we fail to restore the foundational limits that protect us from government overreach before those limits are gone for good—we may wake up to find that the prisons and concentration camps the police state is building won’t just hold others.

One day, they may hold us all.

Source: https://tinyurl.com/mrx94ftu

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. 

America’s Most Lawless Agency: ICE Is the Prototype for Tyranny

Posted: June 25, 2025 in Uncategorized
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“Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”—Justice Louis D. Brandeis

While the U.S. wages war abroad—bombing Iran, escalating conflict, and staging a spectacle of power for political gain—a different kind of war is being waged here at home.

This war at home is quieter but no less destructive. The casualties are not in distant deserts or foreign cities. They are our freedoms, our communities, and the Constitution itself.

And the agents of this domestic war? Masked thugs. Unmarked vans. Raids. Roundups.

Detentions without due process. Retaliation against those who dare to question or challenge government authority. People made to disappear into bureaucratic black holes. Fear campaigns targeting immigrant communities and political dissenters alike. Surveillance weaponized to monitor and suppress lawful activity.

Packaged under the guise of national security—as all power grabs tend to be—this government-sanctioned thuggery masquerading as law-and-order is the face of the Trump Administration’s so-called war on illegal immigration.

Don’t fall for the propaganda that claims we’re being overrun by criminals or driven into the poorhouse by undocumented immigrants living off welfare.

The real threat to our way of life comes not from outside invaders, but from within: an unelected, unaccountable enforcement agency operating above the law.

President Trump insists that ICE (Immigration and Customs Enforcement) is focused on violent criminals, but the facts tell a different story (non-criminal ICE arrests have surged 800% in six months)—and that myth is precisely what enables the erosion of rights for everyone.

By painting enforcement as narrowly targeted, the administration obscures a far broader dragnet that sweeps up legal residents, naturalized citizens, and native-born Americans alike.

What begins with immigrants rarely ends there.

According to the Cato Institute, 65 percent of people taken by ICE had no convictions, and 93 percent had no violent convictions at all.

This isn’t targeted enforcement—it’s indiscriminate purging.

What ICE—an agency that increasingly resembles a modern-day Gestapo—is doing to immigrants today, it can and will do to citizens tomorrow: these are the early warning signs of a system already in motion.

The machinery is in place. The abuses are ongoing. And the constitutional safeguards we rely on are being ignored, dismantled, or bypassed entirely.

When legal residents, naturalized citizens, and native-born Americans are swept up in ICE’s raids, detained without cause, and subjected to treatment that defies every constitutional protection against government overreach, this isn’t about immigration.

It’s not about danger. It’s about power—unchecked and absolute.

This is authoritarianism by design.

Here are just a few examples of how ICE’s reach now extends far beyond a criminal class of undocumented immigrants:

This pattern of abuse is not accidental.

It reflects a deliberate strategy of fear and domination by ICE agents acting like an occupying army, intent on intimidating the population into submission while the Trump Administration redraws the boundaries of the Constitution for all within America’s borders, citizen and immigrant alike.

This is how you dismantle a constitutional republic: not in one dramatic moment, but through the steady erosion of rights, accountability, and rule of law—first for the marginalized, then for everyone.

When constitutional guarantees become conditional and oversight is systematically evaded, all Americans—regardless of status—stand vulnerable to a regime that governs by fear rather than freedom.

We’ve seen this playbook before.

It’s the same strategy used by fascist regimes to consolidate power—using fear, force, and propaganda to turn public institutions into instruments of oppression.

ICE raids often occur without warrants. Agents frequently detain individuals not charged with any crime. Homes, schools, hospitals, workplaces, and courthouses have all become targets. Agents in plain clothes swarm unsuspecting individuals, arrest them without explanation, and separate families under the pretense of national security. In many cases, masked agents refuse to identify themselves at all—creating a climate of terror where the public cannot distinguish lawful enforcement from lawless abduction.

This is not justice. It is intimidation. And it has become business as usual.

ICE has even begun deputizing local police departments to carry out these raids.

Through an expanded network of partnerships, ICE has turned routine traffic stops into pipelines for deportation. According to The Washington Post, immigrants stopped on the way to volleyball practice, picking up baby formula, or heading to job sites have been detained and, in some cases, sent to a notorious mega-prison in El Salvador.

This is what politicizing and weaponizing local police looks like.

Even members of Congress attempting to exercise constitutional oversight have been turned away from ICE facilities. As The New York Times reported, ICE now claims the authority to “deny a request or otherwise cancel” congressional visits based on vague “operational concerns”—effectively placing its operations beyond democratic scrutiny.

Beyond the high-profile arrests, the abuse runs deeper.

Julio Noriega, a 54-year-old American citizen, was snatched up off the street and detained in Chicago for 10 hours without explanation. Leonardo Garcia Venegas, a U.S.-born citizen, was detained because ICE dismissed his REAL ID as fake. Cary López Alvarado, a pregnant U.S. citizen, was handcuffed and arrested for challenging ICE agents who had followed her fiancé to work. Children, veterans, and immunocompromised individuals have all suffered under ICE’s dragnet.

These are not outliers. They are the product of a system that operates without meaningful checks.

ICE agents are rarely held accountable. Internal investigations are ineffective. Congress has abdicated oversight. Directives from the Trump administration—including those authored by Stephen Miller—have turbocharged deportations and loosened any remaining restraints.

From boots on the ground to bytes in the cloud, ICE’s unchecked power reflects a broader shift toward authoritarianism, fueled by high-tech surveillance, public indifference and minimal judicial oversight. The agency operates a sprawling digital dragnet: facial recognition, license plate readers, cellphone tracking, and partnerships with tech giants like Amazon and Palantir feed massive databases—often without warrants or oversight.

These same tools—hallmarks of a growing surveillance state—are now being quietly repurposed across other federal agencies, setting the stage for an integrated surveillance-policing regime that threatens the constitutional rights of every American.

This isn’t about safety. It’s about control.

These tools aren’t just targeting undocumented immigrants—they’re laying the digital scaffolding for a future in which everyone is watched, scored, and subject to state suspicion.

Quotas over justice. Algorithms over rights.

ICE’s operations have little to do with individualized threat assessments. What drives these raids is not public safety but bureaucratic performance. Field offices are under pressure to meet arrest quotas, creating a system that incentivizes indiscriminate sweeps over focused investigations.

As Jennie Taer writes for the NY Post:

“The Trump administration’s mandate to arrest 3,000 illegal migrants per day is forcing ICE agents to deprioritize going after dangerous criminals and targets with deportation orders, insiders warn. Instead, federal immigration officers are spending more time rounding up people off the streets… Agents are desperate to meet the White House’s high expectations, leading them to leave some dangerous criminal illegal migrants on the streets, and instead look for anyone they can get their hands on at the local Home Depot or bus stop.”

Predictive algorithms and flawed databases replace constitutional suspicion with digital hunches, turning enforcement into a numbers game and transforming communities into statistical targets.

Constitutional safeguards are being replaced by digital suspicion.

We now live in a nation where lawful dissent—especially from immigrants or those perceived as outsiders—can place someone under state suspicion. The line between investigation and persecution has been erased.

Fear needs fuel.

And ICE finds it in propaganda: just as the Gestapo used propaganda to justify its cruelty, ICE relies on the language of fear and division. When the government labels people “invaders,” “animals,” or “thugs,” it strips them of humanity—and strips us of our conscience.

This rhetoric serves to distract and divide. It normalizes abuse. And it ensures that, once targeted, no one is safe.

The construction of a new ICE mega-prison in Florida—nicknamed “Alligator Alcatraz” for its proposed moat and remote location—serves as a grotesque symbol of the Trump Administration’s mass deportation agenda: out of sight, beyond accountability, and surrounded by literal and bureaucratic barriers to due process.

And Trump’s shifting stance on industries that rely on migrant labor—one moment threatening crackdowns, the next signaling exemptions for hotels, farms, and construction—reveals what this campaign is really about: not security, but political theater.

It’s not about danger; it’s about dominance.

But the crisis isn’t just rhetorical. It’s systemic. Agents are trained to obey, not to question. Immunity shields misconduct. Whistleblowers are punished. Watchdogs are ignored. Courts too often defer to executive power.

This is not law enforcement—it is authoritarian enforcement.

And it’s not limited to immigrants. It’s creeping into every corner of American life.

When a government can detain its own citizens without due process, punish political dissent, and target individuals for what they believe or how they look, it is no longer governed by law. It is governed by fear.

The Constitution was designed to prevent this. But rights are meaningless when no one is held accountable for violating them.

That is why the solution must go beyond the ballot box.

We must dismantle the machinery of oppression that enables ICE to act as judge, jury, and jailer.

Congress must ban warrantless raids, end predictive profiling, and prohibit mass surveillance. It must enforce real oversight and revoke the legal shields that insulate abusive agents from consequences.

We must reassert the rule of law, not just through legislation, but through a cultural recommitment to constitutional values. That includes transparency, demilitarization, and equal protection for all—citizens and non-citizens alike.

This is not just a fight over immigration policy. It’s a battle for the soul of our nation.

ICE is not the exception. It is the prototype.

As I make clear in my books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State, the same blueprint is being applied across the federal landscape: to protest monitoring, dissent suppression, and data-mined predictive policing.

If we fail to dismantle the ICE model, we normalize it—and risk reproducing it everywhere else.

ICE has become the beta test—perfecting the merger of technology, policing, and executive power that could soon define American governance as a whole.

Make no mistake: when fear becomes law, freedom is the casualty.

If we don’t act soon, we may find that the Constitution is the next to be detained.

James Madison warned that “the accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny.”

When ICE acts as enforcer, jailer, and judge for the president, those fears are no longer theoretical—they are the daily reality for countless people within U.S. borders.

Source: https://tinyurl.com/fc2ffn45

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.

The Spectacle of a Police State: This Is Martial Law Without a Formal Declaration of War

Posted: June 10, 2025 in Uncategorized
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Reporter: “What’s the bar for sending in the Marines?”

Trump: “The bar is what I think it is.“

In Trump’s America, the bar for martial law is no longer constitutional—it’s personal.

Indeed, if ever we needed proof that Donald Trump was an operative for the Deep State, this is it.

Despite what Trump would have us believe, the Deep State is not the vast numbers of federal employees who have been fired as part of his government purge.

Rather, the Deep State refers to the entrenched network of unelected bureaucrats, intelligence agencies, military contractors, surveillance firms, and corporate lobbyists that operate beyond the reach of democratic accountability. It is a government within a government—an intelligence-industrial complex that persists regardless of who sits in the Oval Office and whose true allegiance lies not with the Constitution but with power, profit, and control.

In other words, the Deep State doesn’t just survive presidential administrations—it recruits them. And in Trump, it has found a showman willing to turn its agenda into a public performance of raw power—militarized, theatrical, and loyal not to the Constitution, but to dominance.

What is unfolding right now in California—with hundreds of Marines deployed domestically; thousands of National Guard troops federalized; and military weapons, tactics and equipment on full display—is the latest chapter in that performance.

Trump is flexing his presidential muscles with a costly, violent, taxpayer-funded military display intended to intimidate, distract and discourage us from pulling back the curtain on the reality of the self-serving corruption, grift, graft, overreach and abuse that have become synonymous with his Administration.

Don’t be distracted. Don’t be intimidated. Don’t be sidelined by the spectacle of a police state.

As columnist Thomas Friedman predicted years ago, “Some presidents, when they get into trouble before an election, try to ‘wag the dog’ by starting a war abroad. Donald Trump seems ready to wag the dog by starting a war at home.”

This is yet another manufactured crisis fomented by the Deep State.

When Trump issues a call to “BRING IN THE TROOPS!!!” explaining to reporters that he wants to have them “everywhere,” we should all be alarmed.

This is martial law without a formal declaration of war.

This heavy-handed, chest-thumping, politicized, militarized response to what is clearly a matter for local government is yet another example of Trump’s disregard for the Constitution and the limits of his power.

Political protests are protected by the First Amendment until they cross the line from non-violent to violent. Even when protests turn violent, constitutional protocols remain for safeguarding communities: law and order must flow through local and state chains of command, not from federal muscle.

By breaking that chain of command, Trump is breaking the Constitution.

Deploying the military to deal with domestic matters that can—and should—be handled by civilian police, despite the objections of local and state leaders, crosses the line into authoritarianism.

When someone shows you who they are, believe them.

In the span of a single week, the Trump administration is providing the clearest glimpse yet of its unapologetic, uncompromising, corrupt allegiance to the authoritarian Deep State.

First came the federalization of the National Guard, deployed to California in response to protests sparked by violent and aggressive Immigration and Customs Enforcement (ICE) raids across the country. Then, just days later, the president is set to preside over a lavish, taxpayer-funded military parade in the nation’s capital.

These two events bookend the administration’s unmistakable message: dissent will be crushed, and power will be performed.

Trump governs by force (military deployment), fear (ICE raids, militarized policing), and spectacle (the parade).

This is the spectacle of a police state. One side of the coin is militarized suppression. The other is theatrical dominance. Together, they constitute the language of force and authoritarian control.

Wrapped in the rhetoric of “public safety” and “restoring order,” the federalization of California’s National Guard is not about security. It’s about signaling power.

This is the first time in over half a century that a president has forcibly deployed the National Guard against a state governor’s wishes. California Gov. Gavin Newsom’s public opposition to the deployment was met not with dialogue, but with the threat of arrest from Trump himself—a move that evokes the worst abuses of executive power.

This is more than political theater; it is a constitutional crisis in motion.

As we have warned before, this tactic is familiar.

In times of political unrest, authoritarian regimes invoke national emergencies as pretexts to impose military solutions. The result? The Constitution is suspended, civilian control is overrun, and the machinery of the state turns against its own people.

This is precisely what the Founders feared when they warned against standing armies on American soil: that one day, the military might be used not to defend the people, but to control them. Where the military marches at home, the Republic trembles.

And this is not unprecedented.

It is a textbook play from the authoritarian handbook, deployed with increasing frequency under Trump. The optics are meant to intimidate, to broadcast control, and to discourage resistance before it begins.

Fear is the Deep State’s favorite tool—it doesn’t just control the people, it conditions them to surrender voluntarily.

Thus, deploying the National Guard in this manner is not just a political maneuver—it is a strategic act of fear-based governance designed to instill terror, particularly among vulnerable communities, and ensure compliance.

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

Under Trump, the lines between a civilian democracy and a military regime continue to blur. American streets increasingly resemble war zones, where peaceful protests are met with riot gear, armored vehicles, and surveillance drones.

America is being transformed into a battlefield before our eyes.

Militarized police. Riot squads. Black uniforms. Armored vehicles. Pepper spray. Tear gas. Stun grenades. Crowd control and intimidation tactics.

From federal law enforcement to local police, from border patrol to the intelligence agencies, the guiding doctrine is the same: treat Americans as suspects first, citizens second—if at all.

This is not the language of freedom. This is not even the language of law and order.

This is the language of force.

This is what happens when the rule of law gets replaced by the rules of force: war becomes the organizing principle of domestic governance, law becomes subordinate to command, and liberty is reclassified as a liability.

The war zone mentality—where citizens are treated like insurgents to be subdued—is a hallmark of authoritarian rule.

This transformation is not accidental—it’s strategic. The government now sees the public not as constituents to be served but as potential combatants to be surveilled, managed, and subdued. In this new paradigm, dissent is treated as insurrection, and constitutional rights are treated as threats to national security.

What we are witnessing today is also part of a broader setup: an excuse to use civil unrest as a pretext for militarized overreach.

You want to turn a peaceful protest into a riot? Bring in the militarized police with their guns and black uniforms and warzone tactics and “comply or die” mindset. Ratchet up the tension across the board. Take what should be a healthy exercise in constitutional principles (free speech, assembly and protest) and turn it into a lesson in authoritarianism.

We saw signs of this strategy in Charlottesville, Virginia, where police failed to de-escalate and at times exacerbated tensions during protests that should have remained peaceful. The resulting chaos gave authorities cover to crack down—not to protect the public, but to reframe protest as provocation and dissent as disorder.

Charlottesville was the trial run—California is the main event.

Then and now, the objective wasn’t to preserve peace and protect the public. It was to delegitimize dissent and cast protest as provocation.

Yet the right to criticize the government and speak out against government wrongdoing is the quintessential freedom.

The government has become increasingly intolerant of speech that challenges its power. While all kinds of labels are now applied to “unacceptable” speech, the message is clear: Americans have no right to express themselves if what they are saying is at odds with what the government determines to be acceptable.

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.

Which brings us to this present moment: there’s a pattern emerging if you pay close enough attention.

Civil discontent leads to civil unrest, which leads to protests and counterprotests. Tensions rise, violence escalates, and federal armies move in. Meanwhile, despite the protests and the outrage, the government’s abuses continue unabated.

It’s all part of an elaborate setup by the architects of the Deep State. The government wants a reason to crack down and lock down and bring in its biggest guns.

They want us divided. They want us to turn on one another. They want us powerless in the face of their artillery and armed forces. They want us silent, servile and compliant.

They certainly do not want us to remember that we have rights, much less attempt to exercise those rights peaceably and lawfully.

This is how it begins.

We are moving fast down that 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.

This unilateral power to muzzle free speech represents a far greater danger than any so-called right- or left-wing extremist might pose. The ramifications are so far-reaching as to render almost every American an extremist in word, deed, thought or by association.

Watch and see: we are all about to become enemies of the state.

Today, California is being staged as the test site for the coming crackdown.

The Trump administration provokes unrest through inhumane policies—in this case, mass ICE raids—then paints the resulting protests as violent threats to national security. The answer? Deploy the military.

It’s a cynical and calculated loop: create the crisis, then respond with force. This strategy transforms protest into pretext, dissent into justification for domination.

There are disturbing echoes of history in these tactics, and they come with grave legal implications. We have seen this before.

It has been 55 years since President Nixon deployed the National Guard to put down anti-war student protests, culminating in the Kent State massacre. During the civil rights era, peaceful demonstrators were met with dogs, firehoses, and police batons. In more recent memory, federal agents cracked down on Occupy Wall Street encampments and Black Lives Matter protests with militarized force.

All of it under the guise of order.

Trump’s tactics fall squarely in that lineage.

His use of the military against civilians violates the spirit—if not the letter—of the Posse Comitatus Act, which is meant to bar federal military involvement in domestic affairs. It also raises severe constitutional questions about the infringement of First Amendment rights to protest and Fourth Amendment protections against warrantless search and seizure.

Modern tools of repression compound the threat. AI-driven surveillance, predictive policing software, biometric databases, and fusion centers have made mass control seamless and silent. The state doesn’t just respond to dissent anymore; it predicts and preempts it.

While boots are on the ground in California, preparations are underway for a military spectacle in Washington, D.C.

At first glance, a military procession might seem like a patriotic display. But in this context, it is something far darker. Trump’s parade is not a celebration of service; it is a declaration of supremacy. It is not about honoring troops; it is about reminding the populace who holds the power and who wields the guns.

This is how authoritarian regimes govern—through spectacle. North Korea, Russia, and China use grandiose military pageants to project strength and silence dissent. Mussolini marched troops as theater in carefully staged public displays to bolster fascist control. Augusto Pinochet filled Chile’s streets with tanks to intimidate critics and consolidate power. All of it designed not to honor the nation—but to dominate it.

By sandwiching a military crackdown between a domestic troop deployment and a showy parade, Trump is sending a unified message: dissent is weakness. Obedience is strength. You are being watched.

This is not about immigration. It is not about security. It is not even about protest.

This is about power. Raw, unchecked, theatrical power. And whether we, the people, will accept a government that rules not by consent, but by coercion.

The Constitution was not written to accommodate authoritarian pageantry. It was written to restrain it. It was never meant to sanctify conquest as governance.

We are at a crossroads.

Governments derive their just powers from the consent of the governed. Strip away that consent, and all that remains is conquest—through force, spectacle, and fear.

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, if we allow the language of fear, the spectacle of dominance, and the machinery of militarized governance to become normalized, then we are no longer citizens of a republic—we are subjects of a police state.

The only question now is: will we rise up as citizens of a constitutional republic—or bow down as subjects of an authoritarian regime?

Source: https://tinyurl.com/y3vvk783

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.

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