Posts Tagged ‘fourth amendment’

“The Fourth Amendment was designed to stand between us and arbitrary governmental authority. For all practical purposes, that shield has been shattered, leaving our liberty and personal integrity subject to the whim of every cop on the beat, trooper on the highway and jail official.”—Herman Schwartz, The Nation

Our freedoms—especially the Fourth Amendment—are being choked out by a prevailing view among government bureaucrats that they have the right to search, seize, strip, scan, shoot, spy on, probe, pat down, taser, and arrest any individual at any time and for the slightest provocation.

Forced cavity searches, forced colonoscopies, forced blood draws, forced breath-alcohol tests, forced DNA extractions, forced eye scans, forced inclusion in biometric databases: these are just a few ways in which Americans are being forced to accept that we have no control over our bodies, our lives and our property, especially when it comes to interactions with the government.

Worse, on a daily basis, Americans are being made to relinquish the most intimate details of who we are—our biological makeup, our genetic blueprints, and our biometrics (facial characteristics and structure, fingerprints, iris scans, etc.)—in order to clear the nearly insurmountable hurdle that increasingly defines life in the United States: we are now guilty until proven innocent.

Such is life in America today that individuals are being threatened with arrest and carted off to jail for the least hint of noncompliance, homes are being raided by police under the slightest pretext, property is being seized on the slightest hint of suspicious activity, and roadside police stops have devolved into government-sanctioned exercises in humiliation and degradation with a complete disregard for privacy and human dignity.

Consider, for example, what happened to Utah nurse Alex Wubbels after a police detective demanded to take blood from a badly injured, unconscious patient without a warrant.

Wubbels refused, citing hospital policy that requires police to either have a warrant or permission from the patient in order to draw blood. The detective had neither. Irate, the detective threatened to have Wubbels arrested if she didn’t comply. Backed up by her supervisors, Wubbels respectfully stood her ground only to be roughly grabbed, shoved out of the hospital, handcuffed and forced into an unmarked car while hospital police looked on and failed to intervene (take a look at the police body camera footage, which has gone viral, and see for yourself).

Michael Chorosky didn’t have an advocate like Wubbels to stand guard over his Fourth Amendment rights. Chorosky was surrounded by police, strapped to a gurney and then had his blood forcibly drawn after refusing to submit to a breathalyzer test. “What country is this? What country is this?” cried Chorosky during the forced blood draw.

What country is this indeed?

Unfortunately, forced blood draws are just the tip of the iceberg when it comes to the indignities and abuses being heaped on Americans in the so-called name of “national security.”

Forced cavity searches, forced colonoscopies and forced roadside strip searches are also becoming par for the course in an age in which police are taught to have no respect for the citizenry’s bodily integrity whether or not a person has done anything wrong.

For example, 21-year-old Charnesia Corley was allegedly being pulled over by Texas police in 2015 for “rolling” through a stop sign. Claiming they smelled marijuana, police handcuffed Corley, placed her in the back of the police cruiser, and then searched her car for almost an hour. No drugs were found in the car.

As the Houston Chronicle reported:

Returning to his car where Corley was held, the deputy again said he smelled marijuana and called in a female deputy to conduct a cavity search. When the female deputy arrived, she told Corley to pull her pants down, but Corley protested because she was cuffed and had no underwear on. The deputy ordered Corley to bend over, pulled down her pants and began to search her. Then…Corley stood up and protested, so the deputy threw her to the ground and restrained her while another female was called in to assist. When backup arrived, each deputy held one of Corley’s legs apart to conduct the probe.

The cavity search lasted 11 minutes. This practice is referred to as “rape by cop.”

Although Corley was charged with resisting arrest and with possession of 0.2 grams of marijuana, those charges were subsequently dropped.

David Eckert was forced to undergo an anal cavity search, three enemas, and a colonoscopy after allegedly failing to yield to a stop sign at a Wal-Mart parking lot. Cops justified the searches on the grounds that they suspected Eckert was carrying drugs because his “posture [was] erect” and “he kept his legs together.” No drugs were found.

During a routine traffic stop, Leila Tarantino was subjected to two roadside strip searches in plain view of passing traffic, while her two children—ages 1 and 4—waited inside her car. During the second strip search, presumably in an effort to ferret out drugs, a female officer “forcibly removed” a tampon from Tarantino. No contraband or anything illegal was found.

Thirty-eight-year-old Angel Dobbs and her 24-year-old niece, Ashley, were pulled over by a Texas state trooper on July 13, 2012, allegedly for flicking cigarette butts out of the car window. Insisting that he smelled marijuana, the trooper proceeded to interrogate them and search the car. Despite the fact that both women denied smoking or possessing any marijuana, the police officer then called in a female trooper, who carried out a roadside cavity search, sticking her fingers into the older woman’s anus and vagina, then performing the same procedure on the younger woman, wearing the same pair of gloves. No marijuana was found.

Sixty-nine-year-old Gerald Dickson was handcuffed and taken into custody (although not arrested or charged with any crime) after giving a ride to a neighbor’s son, whom police suspected of being a drug dealer. Despite Dickson’s insistence that the bulge under his shirt was the result of a botched hernia surgery, police ordered Dickson to “strip off his clothes, bend over and expose all of his private parts. No drugs or contraband were found.”

Meanwhile, four Milwaukee police officers were charged with carrying out rectal searches of suspects on the street and in police district stations over the course of several years. One of the officers was accused of conducting searches of men’s anal and scrotal areas, often inserting his fingers into their rectums and leaving some of his victims with bleeding rectums.

It’s gotten so bad that you don’t even have to be suspected of possessing drugs to be subjected to a strip search.

A North Carolina public school allegedly strip-searched a 10-year-old boy in search of a $20 bill lost by another student, despite the fact that the boy, J.C., twice told school officials he did not have the missing money. The assistant principal reportedly ordered the fifth grader to disrobe down to his underwear and subjected him to an aggressive strip-search that included rimming the edge of his underwear. The missing money was later found in the school cafeteria.

Suspecting that Georgia Tech alum Mary Clayton might have been attempting to smuggle a Chick-Fil-A sandwich into the football stadium, a Georgia Tech police officer allegedly subjected the season ticket-holder to a strip search that included a close examination of her underwear and bra. No contraband chicken was found.

What these incidents show is that while forced searches may span a broad spectrum of methods and scenarios, the common denominator remains the same: a complete disregard for the rights of the citizenry.

In fact, in the wake of the U.S. Supreme Court’s ruling in Florence v. Burlison, any person who is arrested and processed at a jail house, regardless of the severity of his or her offense (i.e., they can be guilty of nothing more than a minor traffic offense), can be subjected to a strip search by police or jail officials without reasonable suspicion that the arrestee is carrying a weapon or contraband.

Examples of minor infractions which have resulted in strip searches include: individuals arrested for driving with a noisy muffler, driving with an inoperable headlight, failing to use a turn signal, riding a bicycle without an audible bell, making an improper left turn, and engaging in an antiwar demonstration (the individual searched was a nun, a Sister of Divine Providence for 50 years).

Police have also carried out strip searches for passing a bad check, dog leash violations, filing a false police report, failing to produce a driver’s license after making an illegal left turn, having outstanding parking tickets, and public intoxication. A failure to pay child support can also result in a strip search.

As technology advances, these searches are becoming more invasive on a cellular level, as well.

For instance, close to 600 motorists leaving Penn State University one Friday night were stopped by police and, without their knowledge or consent, subjected to a breathalyzer test using flashlights that can detect the presence of alcohol on a person’s breath. These passive alcohol sensors are being hailed as a new weapon in the fight against DUIs. (Those who refuse to knowingly submit to a breathalyzer test are being subjected to forced blood draws. Thirty states presently allow police to do forced blood draws on drivers as part of a nationwide “No Refusal” initiative funded by the federal government. Not even court rulings declaring such practices to be unconstitutional in the absence of a warrant have slowed down the process. Now police simply keep a magistrate on call to rubber stamp the procedure over the phone.)

The National Highway Safety Administration, the same government agency that funds the “No Refusal” DUI checkpoints and forcible blood draws, is also funding nationwide roadblocks aimed at getting drivers to “voluntarily” provide police with DNA derived from saliva and blood samples, reportedly to study inebriation patterns. In at least 28 states, there’s nothing voluntary about having one’s DNA collected by police in instances where you’ve been arrested, whether or not you’re actually convicted of a crime. All of this DNA data is being fed to the federal government.

Airline passengers, already subjected to virtual strip searches, are now being scrutinized even more closely, with the Customs and Border Protection agency tasking airport officials with monitoring the bowel movements of passengers suspected of ingesting drugs. They even have a special hi-tech toilet designed to filter through a person’s fecal waste.

Iris scans, an essential part of the U.S. military’s boots-on-the-ground approach to keeping track of civilians in Iraq and Afghanistan, are becoming a de facto method of building the government’s already mammoth biometrics database. Funded by the Dept. of Justice, along with other federal agencies, the iris scan technology is being incorporated into police precincts, jails, immigration checkpoints, airports and even schools. School officials—from elementary to college—have begun using iris scans in place of traditional ID cards. In some parts of the country, parents wanting to pick their kids up from school have to first submit to an iris scan.

As for those endless pictures everyone so cheerfully uploads to Facebook (which has the largest facial recognition database in the world) or anywhere else on the internet, they’re all being accessed by the police, filtered with facial recognition software, uploaded into the government’s mammoth biometrics database and cross-checked against its criminal files. With good reason, civil libertarians fear these databases could “someday be used for monitoring political rallies, sporting events or even busy downtown areas.”

While the Fourth Amendment was created to prevent government officials from searching an individual’s person or property without a warrant and probable cause—evidence that some kind of criminal activity was afoot—the founders could scarcely have imagined a world in which we needed protection against widespread government breaches of our privacy, including on a cellular level.

Yet that’s exactly what we are lacking and what we so desperately need.

Unfortunately, the indignities being heaped upon us by the architects and agents of the American police state—whether or not we’ve done anything wrong—are just a foretaste of what is to come.

As I make clear in my book Battlefield America: The War on the American People, the government doesn’t need to tie you to a gurney and forcibly take your blood or strip you naked by the side of the road in order to render you helpless. It has other methods—less subtle perhaps but equally humiliating, devastating and mind-altering—of stripping you of your independence, robbing you of your dignity, and undermining your rights.

With every court ruling that allows the government to operate above the rule of law, every piece of legislation that limits our freedoms, and every act of government wrongdoing that goes unpunished, we’re slowly being conditioned to a society in which we have little real control over our bodies or our lives.

WC: 2146

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

PUBLICATION GUIDELINES / REPRINT PERMISSION

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission. This commentary originally appeared at http://rutherford.org/publications_resources/john_whiteheads_commentary/what_country_is_this_forced_blood_draws_cavity_searches_and_colonoscopies.

 

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Any police officer who shoots to kill is playing with fire.

In that split second of deciding whether to shoot and where to aim, that officer has appointed himself judge, jury and executioner over a fellow citizen. And when an officer fires a killing shot at a fellow citizen not once or twice but three and four and five times, he is no longer a guardian of the people but is acting as a paid assassin. In so doing, he has short-circuited a legal system that was long ago established to protect against such abuses by government agents.

These are hard words, I know, but hard times call for straight talking.

We’ve been dancing around the issue of police shootings for too long now, but we’re about to crash headlong into some harsh realities if we don’t do something to ward off disaster.

You’d better get ready.

It’s easy to get outraged when police wrongfully shoot children, old people and unarmed citizens watering their lawns ortending to autistic patients. It’s harder to rouse the public’s ire when the people getting shot and killed by police are suspected of criminal activities or armed with guns and knives. Yet both scenarios should be equally reprehensible to anyone who values human life, due process and the rule of law.

For instance, Paul O’Neal was shot in the back and killed by police as he fled after allegedly sideswiping a police car during a chase. The 18-year-old was suspected of stealing a car.

Korryn Gaines was shot and killed—and her 5-year-old son was shot—by police after Gaines resisted arrest for a traffic warrant and allegedly threatened to shoot police. Police first shot at Gaines and then opened fire when she reportedly shot back at them.

Loreal Tsingine was shot and killed by a police officer after she approached him holding a small pair of medical scissors. The 27-year-old Native American woman was suspected of shoplifting.

None of these individuals will ever have the chance to stand trial, be found guilty or serve a sentence for their alleged crimes because a police officer—in a split second—had already tried them, found them guilty and sentenced them to death.

In every one of these scenarios, police could have resorted to less lethal tactics.

They could have attempted to de-escalate and defuse the situation.

They could have acted with reason and calculation instead of reacting with a killer instinct.

That police instead chose to fatally resolve these encounters by using their guns on fellow citizens speaks volumes about what is wrong with policing in America today, where police officers are being dressed in the trappings of war, drilled in the deadly art of combat, and trained to look upon “every individual they interact with as an armed threat and every situation as a deadly force encounter in the making.”

Contrast those three fatal police shootings with a police intervention that took place in my hometown of Charlottesville, Virginia.

On. Aug. 1, 2016, police responded to a call about a possible abduction of a 17-year-old girl. When they confronted the 46-year-old “suspect,” he reportedly “threw a trash can at them and then charged them with a knife.” When he shouted at them to “shoot me,” they evaded him. When they refused to fire their guns, he stabbed himself in the chest. The officers then tasered the man in order to subdue him.

So what’s the difference between the first three scenarios and the last, apart from the lack of overly aggressive policing or trigger-happy officers?

Ultimately, it comes down to training and accountability.

It’s the difference between police officers who rank their personal safety above everyone else’s and police officers who understand that their jobs are to serve and protect. It’s the difference between police trained to shoot to kill and police trained to resolve situations peacefully. Most of all, it’s the difference between police who believe the law is on their side and police who know that they will be held to account for their actions under the same law as everyone else.

Battlefield_Cover_300Unfortunately, more and more police are being trained to view themselves as distinct from the citizenry, to view their authority as superior to the citizenry, and to view their lives as more precious than those of their citizen counterparts. Instead of being taught to see themselves as mediators and peacemakers whose lethal weapons are to be used as a last resort, they are being drilled into acting like gunmen with killer instincts who shoot to kill rather than merely incapacitate.

We’re approaching a breaking point.

This policing crisis is far more immediate and concerning than the government’s so-called war on terror or drugs.

So why isn’t more being done to address it?

As I make clear in my book Battlefield America: The War on the American People, there’s too much money at stake, for one, and too much power.

Those responsible for this policing crisis are none other than the police unions that are helping police officers evade accountability for wrongdoing; the police academies that are teaching police officers that their lives are more valuable than the lives of those they serve; a corporate military sector that is making a killing by selling military-grade weapons, equipment, technology and tactical training to domestic police agencies; a political establishment that is dependent on campaign support and funding from the powerful police unions; and a police state that is transforming police officers into extensions of the military in order to extend its reach and power.

This is no longer a debate over good cops and bad cops.

It’s a tug-of-war between the constitutional republic America’s founders intended and the police state we are fast becoming.

As former Seattle police chief Norm Stamper recognizes, “Policing is broken. Tragically, it has been broken from the very beginning of the institution. It has evolved as a paramilitary, bureaucratic, organizational arrangement that distances police officers from the communities they’ve been sworn to protect and serve. When we have shooting after shooting after shooting that most people would define as at least questionable, it’s time to look, not just at a few bad apples, but the barrel. And I’m convinced that it is the barrel that is rotted.

So how do we fix what’s broken, stop the senseless shootings and bring about lasting reform?

For starters, stop with the scare tactics. In much the same way that American citizens are being cocooned in a climate of fear—fear of terrorism, fear of extremism, fear of each other—by a government that knows exactly which buttons to push in order to gain the public’s cooperation and compliance, police officers are also being indoctrinated with the psychology of fear.

“That isn’t the word used in law enforcement circles, of course,” explains law professor Seth Stoughton. “Vigilant, attentive, cautious, alert, or observant are the terms that appear most often in police publications. But make no mistake, officers don’t learn to be vigilant, attentive, cautious, alert, and observant just because it’s fun. They do so because they are afraid. Fear is ubiquitous in law enforcement… officers are constantly barraged with the message that that they should be afraid, that their survival depends on it.”

Writing for the Harvard Law Review, Stoughton continues:

From their earliest days in the academy, would-be officers are told that their prime objective, the proverbial “first rule of law enforcement,” is to go home at the end of every shift. But they are taught that they live in an intensely hostile world. A world that is, quite literally, gunning for them. As early as the first day of the police academy, the dangers officers face are depicted in graphic and heart-wrenching recordings that capture a fallen officer’s last moments. Death, they are told, is constantly a single, small misstep away.

Despite the propaganda being peddled by the government and police unions, police today experience less on-the-job fatalities than they ever have historically.

Second, level the playing field. Police are no more or less special than you or me. Their lives are no more valuable than any other citizen’s. Whether or not they wield a gun, police officers are public servants like all other government officials, which means that they work for us. They answer to us. We are their employers. While police are entitled to every protection afforded under the law, the same as any other citizen, they should not be afforded any special privileges. Most Americans, oblivious about their own rights, aren’t even aware that police officers have their own Law Enforcement Officers’ Bill of Rights, which protects police officers from being subjected to the kinds of debilitating indignities heaped upon the average citizen and grants police officers accused of a crime with special due process rights and privileges not afforded to the average citizen.

Third, require that police officers be trained in non-lethal tactics. According to the New York Times, a survey of 281 police agencies found that the average young officer received 58 hours of firearms training and 49 hours of defensive tactical training, but only eight hours of de-escalation training. In fact, “The training regimens at nearly all of the nation’s police academies continue to emphasize military-style exercises, including significant hours spent practicing drill, formation and saluting.” If police officers are taking classes in how to shoot, maim and kill, shouldn’t they also be required to take part in annual seminars teaching de-escalation techniques and educating them about how to respect their fellow citizens’ constitutional rights, especially under the First and Fourth Amendments?

Congressional legislation has been introduced to require that police officers be trained in non-lethal force, go through crisis intervention training to help them deal with the mentally ill, and use the lowest level of force possible when responding to a threat. Unfortunately, the police unions are powerful and the politicians are greedy, and it remains unlikely that any such legislation will be adopted in a major election year.

Fourth, ditch the quasi-military obsession. Police forces were never intended to be standing armies. Yet with police agencies dressing like the military in camouflage and armor, training with the military, using military weapons, riding around in armored vehicles, recruiting military veterans, and even boasting military titles, one would be hard pressed to distinguish between the two. Still, it’s our job to make sure that we can distinguish between the two, and that means keeping the police in their place as civilians—non-military citizens—who are entrusted with protecting our rights.

Fifth, demilitarize. There are many examples of countries where police are not armed and dangerous, and they are no worse off for it. Indeed, their crime rates are low and their police officers are trained to view every citizen as precious. For all of the talk among politicians about gun violence and the need to enact legislation to make it more difficult for Americans to acquire weapons, little is being done to demilitarize and de-weaponize police. Indeed, President Obama is actually reconsidering his limited ban on the flow of military gear to police. The problem is not that police are in any greater danger than before. Rather, by dressing as warriors, they are acting like warriors and increasing the danger inherent in every police encounter.

Sixth, do away with the police warrior mindset in favor of a guardian approach. As Stoughton explains, “Counterintuitively, the warrior mentality … makes policing less safe for both officers and civilians.” It also creates avoidable violence by insisting on deference and compliance and “increases the risk that other officers face in other encounters.” The guardian approach, however, “prioritizes service over crimefighting… it instructs officers that their interactions with community members must be more than legally justified, they must also be empowering, fair, respectful, and considerate. The guardian mindset emphasizes communication over commands, cooperation over compliance, and legitimacy over authority. And in the use-of-force context, the Guardian emphasizes patience and restraint over control, stability over action.”

Seventh, stop making taxpayers pay for police abuses. Some communities are trying to require police to carry their own professional liability insurance. The logic is that if police had to pay out of pocket for their own wrongdoing, they might be more cautious and less inclined to shoot first and ask questions later.

Eighth, stop relying on technology to fix what’s wrong with the country. The body cameras haven’t stopped the police shootings, and they won’t as long the cameras can be turned on and off at will while the footage remains inaccessible to the public. One North Carolina police department is even testing out a pilot machine learning system that “learns to spot risk factors for unprofessional conduct” and then recommend that officer for early intervention. It sounds a lot like a pre-crime program, only aimed at police officers, which sends up its own warning signals.

Ninth, take a deep breath because change takes time. As Stoughton warns, “Earning public trust will take decades and require rethinking how officers are trained as well as the legal and administrative standards used to review police violence. It will require changing the very culture of policing by reaffirming that policing must be done with a community, not to a community.”

Tenth, stop being busybodies and snitches. Overcriminalization has partially fueled the drive to “police” everything from kids walking to the playground alone and backyard chicken coops to front yard vegetable gardens. But let’s start taking some responsibility for our own communities and stop turning every minor incident into a reason to call the police.

Finally, support due process for everyone, not just the people in your circle. Remember that you no longer have to be poor, black or guilty to be treated like a criminal in America. All that is required is that you belong to the suspect class—a.k.a. the citizenry—of the American police state. As a de facto member of this so-called criminal class, every U.S. citizen is now guilty until proven innocent.

You could be the next person who gets shot by a police officer for moving the wrong way during a traffic stop, running the wrong way in the vicinity of a police officer, or defending yourself against a home invasion when the police show up at the wrong address in the middle of the night. People have been wrongfully shot and killed for these exact reasons.

So stop judging and start holding your government officials accountable to ensuring that every American is granted due process of law, which means that no one can be deprived of “life, liberty or property” by a government official without certain fair and legal procedures being followed.

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There can be no justice in America when Americans are being killed, detained and robbed at gunpoint by government officials on the mere suspicion of wrongdoing.

Unfortunately, Americans have been so propagandized, politicized and polarized that many feel compelled to choose sides between defending the police at all costs or painting them as dangerously out-of-control. Nothing is ever that black and white, but there are a few things that we can be sure of: America is not a battlefield. American citizens are not enemy combatants. And police officers—no matter how courageous—are not soldiers.

Therein lies the problem: we’ve allowed the government to create an alternate reality in which freedom is secondary to security, and the rights of the citizenry are less important than the authority of the government. This way lies madness.

The longer we wait to burst the bubble on this false chimera, the harder it will be to return to a time when police were public servants and freedom actually meant something, and the greater the risks to both police officers and the rest of the citizenry.

Something must be done and soon.

The police state wants the us vs. them dichotomy. It wants us to turn each other in, distrust each other and be at each other’s throats, while it continues amassing power. It wants police officers who act like the military, and citizens who cower in fear. It wants a suspect society. It wants us to play by its rules instead of holding it accountable to the rule of law.

The best way to beat the police state: don’t play by their rules.

Make them play by ours instead.

________

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org. Information about The Rutherford Institute is available at www.rutherford.org.

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

“A standing military force, with an overgrown Executive will not long be safe companions to liberty.”—James Madison

America is a ticking time bomb.

All that remains to be seen is who—or what—will set fire to the fuse.

We are poised at what seems to be the pinnacle of a manufactured breakdown, with police shooting unarmed citizens, snipers shooting police, global and domestic violence rising, and a political showdown between two presidential candidates equally matched in unpopularity.

The preparations for the Republican and Democratic national conventions taking place in Cleveland and Philadelphia—augmented by a $50 million federal security grant for each city—provide a foretaste of how the government plans to deal with any individual or group that steps out of line: they will be censored, silenced, spied on, caged, intimidated, interrogated, investigated, recorded, tracked, labeled, held at gunpoint, detained, restrained, arrested, tried and found guilty.

For instance, anticipating civil unrest and mass demonstrations in connection with the Republican Party convention, Cleveland officials set up makeshift prisons, extra courtrooms to handle protesters, and shut down a local university in order to house 1,700 riot police and their weapons. The city’s courts are preparing to process up to 1,000 people a day. Additionally, the FBI has also been conducting “interviews” with activists in advance of the conventions to discourage them from engaging in protests.

Make no mistake, the government is ready for a civil uprising.

Indeed, the government has been preparing for this moment for years.

A 2008 Army War College report revealed that “widespread civil violence inside the United States would force the defense establishment to reorient priorities in extremis to defend basic domestic order and human security.” The 44-page report goes on to warn that potential causes for such civil unrest could include another terrorist attack, “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.”

Subsequent reports by the Department of Homeland Security to identify, monitor and label right-wing and left-wing activists and military veterans as extremists (a.k.a. terrorists) have manifested into full-fledged pre-crime surveillance programs. Almost a decade later, after locking down the nation and spending billions to fight terrorism, the DHS has concluded that the greater threat is not ISIS but domestic right-wing extremism.

Meanwhile, the government has been amassing an arsenal of military weapons for use domestically and equipping and training their “troops” for war. Even government agencies with largely administrative functions such as the Food and Drug Administration, Department of Veterans Affairs, and the Smithsonian have been acquiring body armor, riot helmets and shields, cannon launchers and police firearms and ammunition. In fact, there are now at least 120,000 armed federal agents carrying such weapons who possess the power to arrest.

Rounding out this profit-driven campaign to turn American citizens into enemy combatants (and America into a battlefield) is a technology sector that is colluding with the government to create a Big Brother that is all-knowing, all-seeing and inescapable. It’s not just the drones, fusion centers, license plate readers, stingray devices and the NSA that you have to worry about. You’re also being tracked by the black boxes in your cars, your cell phone, smart devices in your home, grocery loyalty cards, social media accounts, credit cards, streaming services such as Netflix, Amazon, and e-book reader accounts.

All of this has taken place right under our noses, funded with our taxpayer dollars and carried out in broad daylight without so much as a general outcry from the citizenry.

It’s astounding how convenient we’ve made it for the government to lock down the nation.

We’ve even allowed ourselves to be acclimated to the occasional lockdown of government buildings, Jade Helm military drills in small towns so that special operations forces can get “realistic military training” in “hostile” territory, and  Live Active Shooter Drill training exercises, carried out at schools, in shopping malls, and on public transit, which can and do fool law enforcement officials, students, teachers and bystanders into thinking it’s a real crisis.

The events of recent years—the invasive surveillance, the extremism reports, the civil unrest, the protests, the shootings, the bombings, the military exercises and active shooter drills, the color-coded alerts and threat assessments, the fusion centers, the transformation of local police into extensions of the military, the distribution of military equipment and weapons to local police forces, the government databases containing the names of dissidents and potential troublemakers—have all conjoined to create an environment in which “we the people” are more distrustful and fearful of each other and more reliant on the government to keep us safe.

Of course, that’s the point.

The powers-that-be want us to feel vulnerable.

They want us to fear each other and trust the government’s hired gunmen to keep us safe from terrorists, extremists, jihadists, psychopaths, etc.

Most of all, the powers-that-be want us to feel powerless to protect ourselves and reliant on and grateful for the dubious protection provided by the American police state.

Their strategy is working.

The tree of liberty is dying.

There will be no second American Revolution.

There is no place in our nation for the kind of armed revolution our forefathers mounted against a tyrannical Great Britain. Such an act would be futile and tragic. We are no longer dealing with a distant, imperial king but with a tyrant of our own making: a militarized, technologized, heavily-financed bureaucratic machine that operates beyond the reach of the law.

The message being sent to the citizenry is clear: there will be no revolution, armed or otherwise.

Anyone who believes that they can wage—and win—an armed revolt against the American police state has not been paying attention. Those who wage violence against the government and their fellow citizens are playing right into the government’s hands. Violence cannot and will not be the answer to what ails America.

Whether instigated by the government or the citizenry, violence will only lead to more violence. It does not matter how much firepower you have. The government has more firepower.

It does not matter how long you think you can hold out by relying on survivalist skills, guerilla tactics and sheer grit. The government has the resources to outwait, out-starve, outman, outgun and generally overpower you.

This government of wolves will not be overtaken by force.

Unfortunately, we waited too long to wake up to the government’s schemes.

We did not anticipate that “we the people” would become the enemy. 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, whether intentional or not.

By waging endless wars abroad, by bringing the instruments of war home, by transforming police into extensions of the military, by turning a free society into a suspect society, by treating American citizens like enemy combatants, by discouraging and criminalizing a free exchange of ideas, by making violence its calling card through SWAT team raids and militarized police, by fomenting division and strife among the citizenry, by acclimating the citizenry to the sights and sounds of war, and by generally making peaceful revolution all but impossible, the government has engineered an environment in which domestic violence has become inevitable.

What we are now experiencing is a civil war, devised and instigated in part by the U.S. government.

The outcome for this particular conflict is already foregone: the police state wins.

The objective: compliance and control.

The strategy: destabilize the economy through endless wars, escalate racial tensions, polarize the populace, heighten tensions through a show of force, intensify the use of violence, and then, when all hell breaks loose, clamp down on the nation for the good of the people and the security of the nation.

So where does that leave us?

Despite the fact that communities across the country are, for all intents and purposes, being held hostage by a government that is armed to the teeth and more than willing to use force in order to “maintain order,” most Americans seem relatively unconcerned. Worse, we have become so fragmented as a nation, so hostile to those with whom we might disagree, so distrustful of those who are different from us, that we are easily divided and conquered.

We have been desensitized to violence, acclimated to a military presence in our communities and persuaded that there is nothing we can do to alter the seemingly hopeless trajectory of the nation. In this way, the floundering economy, the blowback arising from military occupations abroad, police shootings, the nation’s deteriorating infrastructure and all of the other mounting concerns have become non-issues to a populace that is easily entertained, distracted, manipulated and controlled.

The sight of police clad in body armor and gas masks, wielding semiautomatic rifles and escorting an armored vehicle through a crowded street, a scene likened to “a military patrol through a hostile city,” no longer causes alarm among the general populace.

We are fast becoming an anemic, weak, pathetically diluted offspring of our revolutionary forebears incapable of mounting a national uprising against a tyrannical regime.

Battlefield_Cover_300If there is to be any hope of reclaiming our government and restoring our freedoms, it will require a different kind of coup: nonviolent, strategic and grassroots, starting locally and trickling upwards. Such revolutions are slow and painstaking. They are political, in part, but not through any established parties or politicians.

Most of all, as I make clear in my book Battlefield America: The War on the American People, for any chance of success, such a revolution will require more than a change of politics: it will require a change of heart among the American people, a reawakening of the American spirit, and a citizenry that cares more about their freedoms than their fantasy games.

“Our carceral state banishes American citizens to a gray wasteland far beyond the promises and protections the government grants its other citizens… When the doors finally close and one finds oneself facing banishment to the carceral state—the years, the walls, the rules, the guards, the inmates—reactions vary. Some experience an intense sickening feeling. Others, a strong desire to sleep. Visions of suicide. A deep shame. A rage directed toward guards and other inmates. Utter disbelief. The incarcerated attempt to hold on to family and old social ties through phone calls and visitations. At first, friends and family do their best to keep up. But phone calls to prison are expensive, and many prisons are located far from one’s hometown… As the visits and phone calls diminish, the incarcerated begins to adjust to the fact that he or she is, indeed, a prisoner. New social ties are cultivated. New rules must be understood.”—Ta-Nehisi Coates, TheAtlantic

In a carceral state—a.k.a. a prison state or a police state—there is no Fourth Amendment to protect you from the overreaches, abuses, searches and probing eyes of government overlords.

In a carceral state, there is no difference between the treatment meted out to a law-abiding citizen and a convicted felon: both are equally suspect and treated as criminals, without any of the special rights and privileges reserved for the governing elite.

In a carceral state, there are only two kinds of people: the prisoners and the prison guards.

With every new law enacted by federal and state legislatures, every new ruling handed down by government courts, and every new military weapon, invasive tactic and egregious protocol employed by government agents, “we the people”—the prisoners of the American police state—are being pushed that much further into a corner, our backs against the prison wall.

This concept of a carceral state in which we possess no rights except for that which the government grants on an as-needed basis is the only way I can begin to comprehend, let alone articulate, the irrational, surreal, topsy-turvy, through-the-looking-glass state of affairs that is being imposed upon us in America today.

Battlefield_Cover_300As I point out in my book Battlefield America: The War on the American People, we who pretend we are free are no different from those who spend their lives behind bars.

Indeed, we are experiencing much the same phenomenon that journalist Ta-Nehisi Coates ascribes to those who are banished to a “gray wasteland far beyond the promises and protections the government grants its other citizens” : a sickening feeling, a desire to sleep, hopelessness, shame, rage, disbelief, clinginess to the past and that which is familiar, and then eventually resignation and acceptance of our new “normal.”

All that we are experiencing—the sense of dread at what is coming down the pike, the desperation, the apathy about government corruption, the deeply divided partisanship, the carnivalesque political spectacles, the public displays of violence, the nostalgia for the past—are part of the dying refrain of an America that is fading fast.

No longer must the government obey the law.

Likewise, “we the people” are no longer shielded by the rule of law.

While the First Amendment—which gives us a voice—is being muzzled, the Fourth Amendment—which protects us from being bullied, badgered, beaten, broken and spied on by government agents—is being disemboweled.

For instance, in a recent 5-3 ruling in Utah v. Strieff, the U.S. Supreme Court opened the door for police to stop, arrest and search citizens without reasonable suspicion or probable cause, effectively giving police a green light to embark on a fishing expedition of one’s person and property, rendering Americans completely vulnerable to the whims of any cop on the beat.

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In a blistering dissent, Justice Sonia Sotomayor blasted the court for holding “that the discovery of a warrant for an unpaid parking ticket will forgive a police officer’s violation of your Fourth Amendment rights.” Sotomayor continued:

This Court has allowed an officer to stop you for whatever reason he wants—so long as he can point to a pretextual justification after the fact. That justification must provide specific reasons why the officer suspected you were breaking the law, but it may factor in your ethnicity, where you live, what you were wearing, and how you behaved. The officer does not even need to know which law you might have brokenso long as he can later point to any possible infraction—even one that is minor, unrelated, or ambiguous.

The indignity of the stop is not limited to an officer telling you that you look like a criminal. The officer may next ask for your “consent” to inspect your bag or purse without telling you that you can decline. Regardless of your answer, he may order you to stand “helpless, perhaps facing a wall with [your] hands raised.” If the officer thinks you might be dangerous, he may then “frisk” you for weapons. This involves more than just a pat down. As onlookers pass by, the officer may “‘feel with sensitive fingers every portion of [your] body. A thorough search [may] be made of [your] arms and armpits, waistline and back, the groin and area about the testicles, and entire surface of the legs down to the feet.’”

If you still can’t read the writing on the wall, Sotomayor breaks it down further: “This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants—even if you are doing nothing wrong… So long as the target is one of the many millions of people in this country with an outstanding arrest warrant, anything the officer finds in a search is fair game for use in a criminal prosecution. The officer’s incentive to violate the Constitution thus increases…”

Just consider some of the many other ways in which the Fourth Amendment—which ensures that the government can’t harass you, let alone even investigate you, without probable cause—has been weakened and undermined by the courts, the legislatures and various government agencies and operatives.

Breath tests, blood draws: Americans have no protection against mandatory breathalyzer tests at a police checkpoint, although mandatory blood draws violate the Fourth Amendment (Birchfield v. North Dakota).

Ignorance of the law is defensible if you work for the government: Police officers who violate the law can be granted qualified immunity if they claim ignorance of the law (Heien v. North Carolina). That rationale was also applied to police who clearly used excessive force when they repeatedly tasered a pregnant woman during a routine traffic stop and were granted immunity from prosecution (Brooks v. City of Seattle).

Highspeed car chases: Police officers can use lethal force in car chases without fear of lawsuits (Plumhoff v. Rickard).

Noknock raids: Police can perform a “no-knock” as long as they have a reasonable suspicion that knocking and announcing their presence, under the particular circumstances, would be dangerous or futile or give occupants a chance to destroy evidence of a crime (Richards v. Wisconsin). Legal ownership of a firearm is also enough to justify a no-knock raid by police (Quinn v. Texas).

Warrantless searches by police: Police can carry out warrantless searches on our homes based on a “reasonable” concern by police that a suspect (or occupant) might be attempting to destroy evidence, fleeing or hurt, even if it’s the wrong house (Kentucky v. King). Police can also, without a warrant, search anyone who has been lawfully arrested (United States v. Robinson) as well as their property post-arrest (Colorado v. Bertine) and their vehicle (New York v.Belton), search a car they suspect might contain evidence of a crime (Chambers v. Maroney), and search a home when the arrest is made on its premises (Maryland v. Buie).

Forced DNA extractions: Police can forcibly take your DNA, whether or not you’ve been convicted of a crime. Innocent or not, your DNA will then be stored in the national FBI database (Maryland v. King).

Strip searches: Police can subject Americans to virtual strip searches, no matter the “offense” (Florence v. Board ofChosen Freeholders of the County of Burlington). This “license to probe” is now being extended to roadside stops, as police officers throughout the country have begun performing roadside strip searches—some involving anal and vaginal probes—without any evidence of wrongdoing and without a warrant.

Seizures: For all intents and purposes, you’re “seized” within the meaning of the Fourth Amendment from the moment an officer stops you (Brendlin v. California).

Search warrants on a leash: Police have free reign to use drug-sniffing dogs as “search warrants on leashes,” justifying any and all police searches of vehicles stopped on the roadside (Florida v. Harris), but the use of a K-9 unit after a reasonable amount of time has passed during a stop does violate the Fourth Amendment (Rodriguez v. United States).

Police and DUI Checkpoints: Police can conduct sobriety and “information-seeking” checkpoints (Illinois v. Lidster andMich. Dept of State Police v. Sitz).

Interrogating public transit passengers: Police officers are free to board a bus, question passengers, and ask for consent to search without notifying them of their right to refuse (U.S v. Drayton).

Warrantless arrests for minor criminal offenses: Police can arrest you for minor criminal offenses, such as a misdemeanor seatbelt violation, punishable only by a fine (Atwater v. City of Lago Vista).

Stop and identify: Refusing to answer when a policeman asks “What’s your name?” can rightfully be considered a crime. No longer do Americans, even those not charged with any crime, have the right to remain altogether silent when stopped and questioned by a police officer (Hiibel v. Sixth Judicial District Court of the State of Nevada).

Traffic stops: As long as police have reasonable cause to believe that a traffic violation occurred, they may stop any vehicle (Whren v. U.S.). If probable cause justifies a vehicle search, then every part of the vehicle can be searched (U.S. v. Ross). A vehicle can be stopped even if the driver has not committed a traffic offense (U.S. v. Cortez).

Anonymous tips, careful driving, rigid posture and acne: Police officers can stop cars based only on “anonymous” tips (Navarette v. California). Police can also pull you over if you are driving too carefully, with a rigid posture, taking a scenic route, and have acne (U.S. v. Westhoven).

What many Americans fail to understand is the devastating amount of damage that can be done to one’s freedoms long before a case ever makes its way to court by government agents who are violating the Fourth Amendment at every turn. This is how freedoms, long undermined, can give way to tyranny through constant erosion and become part of the fabric of the police state through constant use.

Phone and email surveillance, databases for dissidents, threat assessments, terror watch lists, militarized police, SWAT team raids, security checkpoints, lockdowns, roadside strip searches: there was a time when any one of these encroachments on our Fourth Amendment rights would have roused the public to outrage. Today, such violations are shrugged off matter-of-factly by Americans who have been assiduously groomed to accept the intrusions of the police state into their private lives.

So when you hear about the FBI hacking into Americans’ computers without a warrant with the blessing of the courts, or states assembling and making public terror watch lists containing the names of those who are merely deemed suspicious, or the police knocking on the doors of activists in advance of political gatherings to ascertain their plans for future protests, or administrative government agencies (such as the FDA, Small Business Administration, Smithsonian, Social Security, National Oceanic and Atmospheric Administration, U.S. Mint, and Department of Education) spending millions on guns and ammunition, don’t just matter-of-factly file it away in that part of your brain reserved for things you may not like but over which you have no control.

It’s true that there may be little the average person can do to push back against the police state on a national level, but there remains some hope at the local level as long as we retain a speck of our independence and individuality—as long as we can resist the defeatist sense of double-consciousness (a phrase coined by W. E. B. Du Bois in which we view ourselves as inferior through the prism of our oppressors)—as long as we continue to cry out for justice for ourselves and those around us—as long as we refuse to be shackled and made prisoners—and as long as we continue to recognize that the only way the police state can truly acquire and retain power is if we relinquish it through our negligence, complacence and ignorance.

Unfortunately, we have been utterly brainwashed into believing the government’s propaganda and lies. Americans actually celebrate with perfect sincerity the anniversary of our independence from Great Britain without ever owning up to the fact that we are as oppressed now—more so, perhaps, thanks to advances in technology—than we ever were when Redcoats stormed through doorways and subjected colonists to the vagaries of a police state.

You see, by gradually whittling away at our freedoms—free speech, assembly, due process, privacy, etc.—the government has, in effect, liberated itself from its contractual agreement to respect our constitutional rights while resetting the calendar back to a time when we had no Bill of Rights to protect us from the long arm of the government.

Aided and abetted by the legislatures, the courts and Corporate America, the government has been busily rewriting the contract (a.k.a. the Constitution) that establishes the citizenry as the masters and agents of the government as the servants. We are now only as good as we are useful, and our usefulness is calculated on an economic scale by how much we are worth—in terms of profit and resale value—to our “owners.”

Under the new terms of this one-sided agreement, the government and its many operatives have all the privileges and rights and “we the prisoners” have none.

As Sotomayor concluded in her ringing dissent in Utah v. Strieff:

By legitimizing the conduct that produces this double consciousness, this case tells everyone, white and black, guilty and innocent, that an officer can verify your legal status at any time. It says that your body is subject to invasion while courts excuse the violation of your rights. It implies that you are not a citizen of a democracy but the subject of a carceral state, just waiting to be cataloged. We must not pretend that the countless people who are routinely targeted by police are “isolated.” They are the canaries in the coal mine whose deaths, civil and literal, warn us that no one can breathe in this atmosphere. They are the ones who recognize that unlawful police stops corrode all our civil liberties and threaten all our lives. Until their voices matter too, our justice system will continue to be anything but.


The original post can be found here.

“The evil was not in bread and circuses, per se, but in the willingness of the people to sell their rights as free men for full bellies and the excitement of the games which would serve to distract them from the other human hungers which bread and circuses can never appease.” — Admiral Ben Moreell (1892 – 1978), chief of the U.S. Navy’s Bureau of Yards and Docks and of the Civil Engineer Corps

As the grandfather of three young ones, ages 5 to 9, I get to see my fair share of kid movies: plenty of hijinks, lots of bathroom humor, and an endless stream of slapstick gags. Yet even among the worst of the lot, there’s something to be learned, some message being conveyed, or some aspect of our reality being reflected in celluloid.

So it was that I found myself sitting through The Angry Birds Movie on a recent Sunday afternoon, doling out popcorn, candy and drinks and trying to make sense of a 90-minute movie based on a cell phone video game that has beendownloaded more than 3 billion times.

The storyline is simple enough: an island nation of well-meaning, feel-good, flightless birds gets seduced by a charismatic green pig and his cohort who comes bearing food, wine and entertainment spectacles (the Roman equivalent of bread circuses). Ignoring the warnings of one solitary, suspicious “angry” bird that the pigs are up to no good, the clueless birds eventually discover that the pigs have stolen their most precious possessions: their eggs, the future of their entire society. It takes the “angry bird” to motivate the normally unflappable Bird Nation to get outraged enough to do something about the violation of their trust by the pigs and the theft of their personal property.

While one would be hard-pressed to call The Angry Birds Movie overly insightful, it is, as The Atlantic concludes, a “feather-light metaphor for our times… The film functions, effectively, as a fairy tale: It uses its status as fantasy to impart lessons about reality.”

It turns out that we’re no different from the wine-guzzling, food-noshing, party-loving Bird Nation. We too are easily fooled by charismatic politicians bearing gifts. And we too are easily distracted as those same politicians and their cohorts rob us blind.

Case in point: while Barack Obama winds down his presidency with a flurry of celebrity-studded events that is causing the media to hail him as the “coolest” president, and the presidential candidates continue to distract us with spectacular feats of chest-thumping, browbeating and demagoguery, the police state continues its steady march onward.

All of the revelations of government wrongdoing, spying and corruption disclosed by NSA whistleblower Edward Snowdenseem to have fallen on deaf ears.

Nothing has improved or changed for the better.

There has been no real reform, no significant attempts at greater transparency, no accountability, no scaling back of the government’s warrantless, illegal domestic surveillance programs, and no recognition by Congress or the courts that the Fourth Amendment provides citizens with any protection against unreasonable searches and seizures by government agents.

In fact, as I point out in my book Battlefield America: The War on the American People, we’ve been subject to even more obfuscation, even more lies, even more sleight-of-hand maneuvers by government agencies determined to keep doing what they’re doing without any restrictions on their nefarious activities, and even more attempts by government agencies to listen in our phone calls, read our emails and text messages, monitor our movements, and generally imprison us within an electronic concentration camp.

Writing for the New Yorker, investigative reporter Maria Bustillos concludes, “the machinery of our government seems to have taken on an irrational life of its own. We live in a surreal world in which a ‘transparent’ government insists on the need for secret courts; our President prosecutes whistle-blowers and maintains a secret ‘kill list’; and private information is collected in secret and stored indefinitely by intelligence agencies.”

It’s no coincidence that almost exactly three years after Snowden began his steady campaign to leak documents about the government’s illegal surveillance program, Congress is preparing to adopt legislation containing a secret provision that would expand the FBI’s powers to secretly read Americans’ emails without a court order.

Yes, you read that correctly.

The government is planning to push through secret legislation that would magnify its ability to secretly spy on us without a warrant.

After three years of lying to us about the real nature of the government’s spying program, feigning ignorance, dissembling, and playing at enacting real reforms, it turns out that what the government really wants is more power, more control and more surveillance.

A secret provision tacked onto the 2017 Intelligence Authorization Act will actually make it easier for the government to spy on Americans’ emails as well as their phone calls.

If enacted, this law would build upon the Patriot Act’s authorization of National Security Letters (NSL) which allows the FBI to secretly demand—without prior approval from a judge and under a gag order that carries the penalty of a prison sentence—that banks, phone companies, and other businesses provide them with customer information and not disclose the demands to the person being investigated or even indicate that they have been subjected to an NSL.

As Reuters reports, federal agencies do not need a warrant to access emails or other digital communications more than 180 days old due to a provision in a 1986 law that considers them abandoned by the owner. However, legislative efforts to require government authorities to obtain a search warrant before accessing old emails have been turned on their head by the insertion of this secret provision giving the FBI carte blanche access to Americans’ emails.

As if the FBI didn’t have enough corrupt tools in its bag of tricks already.

NSLs—in existence since the 1970s—empower FBI operatives to delve into Americans’ most personal affairs based only on the say-so of an agency that has come to be known as America’s Gestapo, or secret police. Incredibly, all the FBI needs to assert in order to justify such a search is that the information sought is relevant to a national-security investigation.

Nicholas Merrill can tell you all about NSLs. The head of a web-hosting company, he challenged the FBI’s unwarranted request for information on one of his customers and its companion gag order. Only after the FBI withdrew its request and a subsequent court-ordered lifting of the gag order was Merrill able to share his experiences. As Merrill recounts:

It was not a warrant. It was not stamped or signed by a court or a judge. It was this letter demanding this information from me. And it also told me that I could never tell anyone that I had gotten the letter. It said that I could tell ‘no person.’ The amount of information that the government can get with one of these letters can paint an incredibly vivid picture of all aspects of a person’s life — from the professional, to the personal, to the political, to their religious beliefs, to invading the privacy of their marriage, to being able to figure out what their sexual preference is. The amount of information that comes out of a national security letter is just so invasive. The fact that the government has been treating it so casually, and essentially going out on mass fishing expeditions and gathering the data of potentially millions of Americans without any suspicion of wrongdoing is very upsetting to me as someone who was raised on ideas about American exceptionalism and the belief that our system of government — with its built-in checks and balances and safeguards against abuse — were what made our country different from other countries.

Clandestine requests. Broad powers. Minimal insight. Intimidation tactics.

That’s how the FBI’s use of NSLs are described, but it can easily be applied to the government-at-large and its voracious quest for ever-greater powers without any real accountability to the citizenry or any adherence to the rule of law.

It’s estimated that the FBI issues approximately 40,000 to 60,000 such NSLs per year and that number is growing.

In 2008, the Justice Department’s inspector general revealed that the FBI had been abusing its NSL authority by making improper requests, collecting more data than they were allowed to, not having proper authorization to proceed with a case, and attempting to sidestep the Foreign Intelligence Surveillance Court, the secret court charged with overseeing the government’s secret surveillance program. In one case, after having its search request denied by the FISA Court on the basis that “the ‘facts’ were too thin” and the “request implicated the target’s First Amendment rights,” the FBI used its NSL power to carry out its surveillance.

Even after being called on the carpet for abusing its information-gathering powers, the FBI continued to flout the very laws put in place to keep government abuses in check.

Incredibly, Barack Obama criticized President Bush for his administration’s mass government surveillance programsonly to fully embrace them once he himself had attained the White House. Indeed, the Obama administration has been lobbying for years to expand the FBI’s use of NSLs to include emails.

Now, here we are, eight years later, and we’re still being treated like the gullible birds in The Angry Birds Movie, easily pacified with bread, easily distracted by circuses, and easily robbed of our most precious possessions—our freedoms, our privacy and our right to have a government that abides by the rule of law and answers to us.

There are many ways of reacting to this latest news about the government’s treachery.

You can subscribe to the simplistic, head-in-the-sand routine and do as one of my so-called Facebook “friends” suggests and just obey the law, hoping that it will keep you out of the government’s clutches, but that’s no guarantee of safe passage. Of course, that will mean knowing the law—federal, state and local—in all of its convoluted, massive, growing permutations, understanding that overcriminalization has resulted in the average person unknowingly committing three crimes a day. As author Harvey Silvergate points out, even the most honest and informed citizen “cannot predict with any reasonable assurance whether a wide range of seemingly ordinary activities might be regarded by federal prosecutors as felonies.” For instance, you could be charged criminally for receiving an odd package, taking a fake sick day, reporting on government wrongdoing based on an anonymous source, or creating a website for a religious charity.

You can insist that such concessions to security are making us safer, even though facts suggest otherwise.Barring a few notable exceptions, the politicians are singing the same tune: security at any cost. The NSL provision sailed past the 15-member Senate Intelligence Committee with only Sen. Ron Wyden (D-Ore.) dissenting. In a joint statement that underscores the ease with which the Republicans and Democrats work together in order to sell us out, Chairman Richard Burr (R-NC) and Vice Chairman Dianne Feinstein (D-Calif.) declared the expanded powers necessary to “keep America safe” and “vital” in order to “provide intelligence agencies with all the resources they need to prevent attacks both at home and abroad.”

This whole line of reasoning, as Nicholas Merrill explains, is hogwash. As he points out, the terrorist attacks in Paris were carried out by individuals “communicating without the use of any type of security or encryption. They were speaking in Facebook groups and using regular text messaging on their phones, without taking any steps to cover their tracks or make it harder to listen in on what they were doing. To me this proves that the whole dragnet surveillance system that we’ve built is actually useless, because it didn’t help us at all to prevent that type of attack.”

In other words, government spying isn’t making us safer, but it is making us less free. “In the end we’ve lost part of our freedom that maybe we’ll never get back. We’ve lost some part of what makes our system great, but in the end we’ve not really gained the security we thought we would get in the tradeoff for the freedom that we’ve given up.”

You can cast your ballot for one of the many slogan-spouting politicians who are long on lies and short on loyalty to their constituents. At the end of the day, these people work for the government and their primary purpose is to remain in office, living the kind of rarefied, pampered, privileged life that the average American only gets to dream about. Every one of the members of the Senate Intelligence Committee who voted for this legislation is a traitor to their oath of office and should be booted off that committee. What’s more, any member of Congress who votes for this legislation should be sent packing back to where they came from. As Brewster Kahle, another recipient of an NSL who successfully challenged the government’s gag order, reminds us, “The government is not one monolithic thing. It’s a bunch of people, thinking they’re doing their jobs.” It’s our job to make them toe the line when their thinking goes awry.

Or you can stop drinking the happy juice, stop believing the politicians’ lies, stop being so gallingly gullible and out to lunch, and start getting angry. In our politically correct, feel-good, play nice culture, anger has gotten a bad rap, but there’s something to be said for righteous anger acted upon in a nonviolent, effective fashion. It’s what Martin Luther King Jr. referred to as “military nonviolent resistance.” It means caring enough to get off your caboose, get on your feet and get actively involved in holding government officials accountable to the simple fact that they work for “we the people.”

It’s not an easy undertaking.

The government has been playing fast and loose with the rules for too long now, and its greed for power and riches is boundless.

Still we are not powerless, although the government’s powers grow daily. We have not yet been altogether muzzled, although the acts of censorship increase daily. And we have not yet lost all hope for restoring our republic, although the outlook appears bleaker by the day.

For the moment, we still have some small allotment of freedoms by which we can express our displeasure, push back against injustice and corruption, and resist tyranny. One Texas man, outraged at being fined $212 for driving 39 in a 30 mph zone, chose to pay his fine with 22,000 pennies. It was a small act of disdain in the face of a government machine that tolerates little resistance, but it was acts such as these that sowed the early seeds of resistance that birthed this nation.

As revolutionary patriot Samuel Adams observed, “It does not take a majority to prevail… but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men.”

 

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RICHMOND, Va. — A settlement has been reached in a lawsuit filed by The Rutherford Institute on behalf of a man who was arrested as he was engaged in a First Amendment protest against President Obama while lawfully carrying a rifle. The settlement in Brandon Howard v. John Hunter resolved the lawsuit to the mutual satisfaction of the parties, which included claims that the police violated Howard’s First Amendment right to free speech, Second Amendment right to bear arms, and Fourth Amendment right to be free from a groundless arrest when they confronted him with guns drawn and ordered him to the ground on the unfounded belief that Howard was violating the law by being in public with a rifle slung over his shoulder. Soon after the incident, the City of Hopewell Police Department admitted in writing that the incident involved a violation of department policy. The settlement included an apology by the defendant police officer acknowledging respect for citizens’ First and Second Amendment rights and stating “[it] was not my intention to compromise Mr. Howard’s rights under the Constitution.”

The Rutherford Institute’s complaint in Brandon Howard v. John Hunter is available at www.rutherford.org.

Battlefield_Cover_300“As this case shows, if you feel like you can’t walk away from a police encounter of your own volition—and more often than not you can’t, especially when you’re being confronted by someone armed to the hilt with all manner of militarized weaponry and gear—then for all intents and purposes, you’re under arrest from the moment a cop stops you,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Certainly, if you’ve been placed in handcuffs and transported to a police station against your will, that constitutes an arrest.”

According to the complaint filed in the U.S. District Court for the Eastern District of Virginia, on Monday, Aug. 26, 2013, Brandon Howard arrived at an overpass above Interstate 295 in the City of Hopewell, Va., and displayed a 6 foot by 4 foot sign that read “Impeach Obama.” Howard was carrying a DMTS Panther Arms AR-15 rifle slung over his shoulder on a strap, and a .380 caliber Bersa Thunder sidearm pistol in a belted holster on his waist. Howard lawfully owned each firearm and did not point or brandish them at any time while engaged in his First Amendment protest activity on the overpass. Howard displayed his protest sign for 30 minutes, but Howard did not directly engage with anyone.

At about 5:30 p.m., a police officer pulled up to the area, remained in his car and observed Howard. Thereafter, three to five additional police cruisers arrived at the scene with emergency lights engaged. Approximately eight officers exited these vehicles with their guns drawn and ordered Howard to drop his sign and get on the ground with his hands spread above his head. Howard complied with the officers’ orders. Howard explained that he had not threatened anyone but was simply exercising his First and Second amendment rights. Howard was then handcuffed and transported to the police station, where he was left, handcuffed, in an interrogation room for 90 minutes, after which time he had his firearms returned and was released. A month later, the Deputy Chief of Police acknowledged in writing that an internal investigation had concluded that one of the officers violated department policy and would be disciplined and sent to remedial training. Attorney Raul Novo of Richmond, Va., assisted The Rutherford Institute with the lawsuit and settlement.

CASE HISTORY

March 11, 2016: VICTORY: Police Settle Rutherford Institute Lawsuit Over Activist Held at Gun, Handcuffed and Arrested for Lawfully Carrying a Rifle During a Protest

October 22, 2015: Victory: Court Gives Green Light to Lawsuit over Activist Held at Gun Point by Police, Handcuffed and Arrested for Lawfully Carrying a Rifle During a Protest

September 25, 2015: Virginia Police Insist That Activist Was Not Under Arrest Even Though He Was Held at Gun Point by Police, Handcuffed and Taken to the Police Station

November 17, 2014: Citing 1st, 2nd & 4th Amendments, Rutherford Institute Sues Virginia Police for Violating Obama Protester’s Right to Free Speech and Lawful Gun Ownership

 

“Since mankind’s dawn, a handful of oppressors have accepted the responsibility over our lives that we should have accepted for ourselves. By doing so, they took our power. By doing nothing, we gave it away. We’ve seen where their way leads, through camps and wars, towards the slaughterhouse.” ― Alan Moore, V for Vendetta

What began with the passage of the USA Patriot Act in October 2001 has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse. Since then, we have been terrorized, traumatized, and acclimated to life in the American Surveillance State.

The bogeyman’s names and faces change over time, but the end result remains the same: our unquestioning acquiescence to anything the government wants to do in exchange for the phantom promise of safety and security has transitioned us to life in a society where government agents routinely practice violence on the citizens while, in conjunction with the Corporate State, spying on the most intimate details of our personal lives.

Ironically, the 14th anniversary of the 9/11 attacks occurs just days before the 228th anniversary of the ratification of our Constitution. Yet while there is much to mourn about the loss of our freedoms in the years since 9/11, there is virtually nothing to celebrate.

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

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

Battlefield_Cover_300As I make clear in my book Battlefield America: The War on the American People, the Constitution has been on life support for some time now and all efforts at resuscitating it may soon prove futile.

We can pretend that the Constitution, which was written to hold the government accountable, is still our governing document. However, the reality we must come to terms with is that in the America we live in today, the government does whatever it wants, freedom be damned, and “we the people” are seen as little more than cattle to be branded and eventually led to the slaughterhouse.

Consider the state of our freedoms, and judge for yourself whether Osama Bin Laden was right when he warned that “freedom and human rights in America are doomed,” and that the “U.S. government will lead the American people in — and the West in general — into an unbearable hell and a choking life.”

Here is what it means to live under the Constitution today.

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

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

The Second Amendment was intended to guarantee “the right of the people to keep and bear arms.” Yet while gun ownership has been recognized by the U.S. Supreme Court as an individual citizen right, Americans remain powerless to defend themselves against SWAT team raids and government agents armed to the teeth with military weapons better suited for the battlefield than for a country founded on freedom. Police shootings of unarmed citizens continue to outrage communities, while little is really being done to demilitarize law enforcement agencies. Indeed, just recently, North Dakota became the first state to legalize law enforcement use of drones armed with weapons such as tear gas, rubber bullets, beanbags, pepper spray and Tasers.

The Third Amendment reinforces the principle that civilian-elected officials are superior to the military by prohibiting the military from entering any citizen’s home without “the consent of the owner.” With the police increasingly training like the military, acting like the military, and posing as military forces—complete with military weapons, assault vehicles, etc.—it is clear that we now have what the founders feared most—a standing army on American soil. Moreover, as a result of SWAT team raids (more than 80,000 a year) where police invade homes, often without warrants, and injure and even kill unarmed citizens, the barrier between public and private property has been done away with, leaving us with armed government agents who act as if they own our property.

The Fourth Amendment prohibits the government from conducting surveillance on you or touching you or invading you, unless they have some evidence that you’re up to something criminal. In other words, the Fourth Amendment ensures privacy and bodily integrity. Unfortunately, the Fourth Amendment has suffered the greatest damage in recent years and been all but eviscerated by an unwarranted expansion of police powers that include strip searches and even anal and vaginal searches of citizens, surveillance and intrusions justified in the name of fighting terrorism, as well as the outsourcing of otherwise illegal activities to private contractors. Case in point: Texas police forced a 21-year-old woman to undergo a warrantless vaginal search by the side of the road after she allegedly “rolled” through a stop sign.

The use of civil asset forfeiture schemes to swell the coffers of police forces has also continued to grow in popularity among cash-strapped states. The federal government continues to strong-arm corporations into providing it with access to Americans’ private affairs, from emails and online transactions to banking and web surfing. Coming in the wake of massive leaks about the inner workings of the NSA and the massive secretive surveillance state, it was revealed that the government threatened to fine Yahoo $250,000 every day for failing to comply with the NSA’s mass data collection program known as PRISM. Meanwhile, AT&T has enjoyed a profitable and “extraordinary, decades-long” relationship with the NSA.

The technological future appears to pose even greater threats to what’s left of our Fourth Amendment rights, with advances in biometric identification and microchip implants on the horizon making it that much easier for the government to track not only our movements and cyber activities but our very cellular beings. Barclays has already begun using a finger-scanner as a form of two-step authentication to give select customers access to their accounts. Similarly, Motorola has been developing thin “digital tattoos” that will ensure that a phone’s owner is the only person who may unlock it. Not to be overlooked are the aerial spies—surveillance drones—about to take to the skies in coming years, as well as the Drive Smart programs that will spy on you (your speed, movements, passengers, etc.) while you travel the nation’s highways and byways.

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

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

The Eighth Amendment is similar to the Sixth in that it is supposed to protect the rights of the accused and forbid the use of cruel and unusual punishment. However, the Supreme Court’s determination that what constitutes “cruel and unusual” should be dependent on the “evolving standards of decency that mark the progress of a maturing society” leaves us with little protection in the face of a society lacking in morals altogether. For example, a California appeals court is being asked to consider “whether years of unpredictable delays from conviction to execution” constitute cruel and unusual punishment. For instance, although 900 individuals have been sentenced to death in California since 1978, only 13 have been executed. As CBS News reports, “More prisoners have died of natural causes on death row than have perished in the death chamber.”

The Ninth Amendment provides that other rights not enumerated in the Constitution are nonetheless retained by the people. Popular sovereignty—the belief that the power to govern flows upward from the people rather than downward from the rulers—is clearly evident in this amendment. However, it has since been turned on its head by a centralized federal government that sees itself as supreme and which continues to pass more and more laws that restrict our freedoms under the pretext that it has an “important government interest” in doing so. Thus, once the government began violating the non-enumerated rights granted in the Ninth Amendment, it was only a matter of time before it began to trample the enumerated rights of the people, as explicitly spelled out in the rest of the Bill of Rights.

As for the Tenth Amendment’s reminder that the people and the states retain every authority that is not otherwise mentioned in the Constitution, that assurance of a system of government in which power is divided among local, state and national entities has long since been rendered moot by the centralized Washington, DC, power elite—the president, Congress and the courts. Indeed, the federal governmental bureaucracy has grown so large that it has made local and state legislatures relatively irrelevant. Through its many agencies and regulations, the federal government has stripped states of the right to regulate countless issues that were originally governed at the local level.

If there is any sense to be made from this recitation of freedoms lost, it is simply this: our individual freedoms have been eviscerated so that the government’s powers could be expanded, while reducing us to a system of slavery disguised as a democracy.

The film V for Vendetta is a powerful commentary on how totalitarian governments such as our own exploit fear and use mass surveillance, censorship, terrorism, and militarized tactics to control, oppress and enslave.

As the lead character V observes:

Where once you had the freedom to object, to think and speak as you saw fit, you now have censors and systems of surveillance coercing your conformity and soliciting your submission. How did this happen? Who’s to blame? Well certainly there are those more responsible than others, and they will be held accountable, but again truth be told, if you’re looking for the guilty, you need only look into a mirror. I know why you did it. I know you were afraid. Who wouldn’t be? War, terror, disease. There were a myriad of problems which conspired to corrupt your reason and rob you of your common sense. Fear got the best of you, and in your panic you turned to the now high chancellor, Adam Sutler. He promised you order, he promised you peace, and all he demanded in return was your silent, obedient consent.

How will you have it? Will you simply comply while the train heads down the track to a modern-day Auschwitz? Or will you become a free person and resist? To quote Patrick Henry, “Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! — I know not what course others may take; but as for me, give me liberty or give me death!”