Posts Tagged ‘fourth amendment’

“The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing.”—Albert Einstein

America is breaking down.

This breakdown—triggered by polarizing circus politics, media-fed mass hysteria, racism, classism, fascism, fear-mongering, political correctness, cultural sanitation, virtue signaling, a sense of hopelessness and powerlessness in the face of growing government corruption and brutality, a growing economic divide that has much of the population struggling to get by, and militarization and militainment (the selling of war and violence as entertainment)—is manifesting itself in madness, mayhem and an utter disregard for the very principles and liberties that have kept us out of the clutches of totalitarianism for so long.

In New York City, for example, a 200-year-old statue of Thomas Jefferson holding the Declaration of Independence will be removed from the City Council’s chambers where it has presided since 1915. Despite Jefferson’s many significant accomplishments, without which we might not have the rights we do today, he will be banished for having been, like many of his day, a slaveowner. Curiously, that same brutal expectation of infallibility has yet to be applied to many other politically correct yet equally imperfect and fallible role models of the day.

In Washington, DC, a tribunal of nine men and women spoke with one voice to affirm that the government and its henchmen can literally get away with murder and not be held accountable for their wrongdoing. The Supreme Court’s latest rulings are yet another painful lesson in compliance, a reminder that in the American police state, “we the people” are at the mercy of law enforcement officers who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to ‘serve and protect.”

All across the country, from California to Connecticut and every point in between, men and women who have worked faithfully and diligently at their jobs for years are being terminated for daring to believe that they have a right to bodily integrity; that they should not be forced, against their conscience or better judgment, to choose between individual liberty and economic survival; and that they—and not the government, or the FDA, or the CDC, or the Corporate State—have dominion over their bodies. Conveniently enough, this COVID-19 pandemic has created yet another double standard in how “we the people” navigate this country: while “we the middling classes” are subjected to vaccine mandates and denied even the right to be skeptical about the origins of the COVID virus, let alone the efficacy of the so-called cure, the government, corporations and pharmaceutical companies have been shielded from liability with blanket immunity laws that ensure we are little more than guinea pigs for their questionable experiments.

And then in Pennsylvania, a man traveling on a commuter train harassed, assaulted and then raped a woman over the course of 40 minutes and more than two dozen train stops while fellow travelers, watching and filming the attack, did nothing. Not a single witness called 911. Not a single bystander intervened to help the woman. Despite the fact that the man was outnumbered and could have been overwhelmed by those on the train, no collective effort was made to ward off the attack. Only when it was too late, when the damage had been done and the train had pulled into its last stop, did police show up to intervene.

There is an allegory here for what is happening to our country and its citizens, who have also been waylaid by a madman (the Deep State), stripped of their safety nets (their rights undermined and eroded), and savaged out in the open by a fiend (the American Police State and its many operatives—the courts, the legislatures and their various armies) that is devoid of humanity while those not in the immediate crosshairs watch safely from a distance without making a move to help.

This is madness, yet there is a method to this madness.

This is how freedom falls and tyranny rises.

Remember, authoritarian regimes begin with incremental steps: overcriminalization, surveillance of innocent citizens, imprisonment for nonviolent—victimless—crimes, etc. Bit by bit, the citizenry finds its freedoms being curtailed and undermined for the sake of national security. And slowly the populace begins to submit.

No one speaks up for those being targeted.

No one resists these minor acts of oppression.

No one recognizes the indoctrination into tyranny for what it is.

Historically this failure to speak truth to power has resulted in whole populations being conditioned to tolerate unspoken cruelty toward their fellow human beings, a bystander syndrome in which people remain silent and disengaged—mere onlookers—in the face of abject horrors and injustice.

Time has insulated us from the violence perpetrated by past regimes in their pursuit of power: the crucifixion and slaughter of innocents by the Romans, the torture of the Inquisition, the atrocities of the Nazis, the butchery of the Fascists, the bloodshed by the Communists, and the cold-blooded war machines run by the military industrial complex.

We can disassociate from such violence. We can convince ourselves that we are somehow different from the victims of government abuse. We can continue to spout empty political rhetoric about how great America is, despite the evidence to the contrary.

We can avoid responsibility for holding the government accountable.

We can zip our lips and bind our hands and shut our eyes.

In other words, we can continue to exist in a state of denial. Yet there is no denying the ugly, hard truths that become more evident with every passing day.

  1. The government is not our friend. Nor does it work for “we the people.”
  2. Our so-called government representatives do not actually represent us, the citizenry. We are now ruled by an oligarchic elite of governmental and corporate interests whose main interest is in perpetuating power and control.
  3. Republicans and Democrats like to act as if there’s a huge difference between them and their policies. However, they are not sworn enemies so much as they are partners in crime, united in a common goal, which is to maintain the status quo.
  4. The lesser of two evils is still evil.
  5. Some years ago, a newspaper headline asked the question: “What’s the difference between a politician and a psychopath?” The answer, then and now, remains the same: None. There is virtually no difference between psychopaths and politicians.
  6. More than terrorism, more than domestic extremism, more than gun violence and organized crime, the U.S. government has become a greater menace to the life, liberty and property of its citizens than any of the so-called dangers from which the government claims to protect us
  7. The government knows exactly which buttons to push in order to manipulate the populace and gain the public’s cooperation and compliance.
  8. If voting made any difference, they wouldn’t let us do it.
  9. America’s shadow government—which is comprised of unelected government bureaucrats, corporations, contractors, paper-pushers, and button-pushers who are actually calling the shots behind the scenes right now and operates beyond the reach of the Constitution with no real accountability to the citizenry—is the real reason why “we the people” have no control over our government.
  10. 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—that is, 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.
  11. “We the people” are no longer shielded by the rule of law. 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.
  12. Private property means nothing if the government can take your home, car or money under the flimsiest of pretexts, whether it be asset forfeiture schemes, eminent domain or overdue property taxes. Likewise, private property means little at a time when SWAT teams and other government agents can invade your home, break down your doors, kill your dog, wound or kill you, damage your furnishings and terrorize your family
  13. We now find ourselves caught in the crosshairs of a showdown between the rights of the individual and the so-called “emergency” state, and “we the people” are losing.
  14. All of those freedoms we cherish—the ones enshrined in the Constitution, the ones that affirm our right to free speech and assembly, due process, privacy, bodily integrity, the right to not have police seize our property without a warrant, or search and detain us without probable cause—amount to nothing when the government and its agents are allowed to disregard those prohibitions on government overreach at will.
  15. If there is an absolute maxim by which the federal government seems to operate, it is that the American taxpayer always gets ripped off.
  16. Our freedoms—especially the Fourth Amendment—continue to be choked out by a prevailing view among government bureaucrats that they have the right to search, seize, strip, scan, spy on, probe, pat down, taser, and arrest any individual at any time and for the slightest provocation.
  17. Forced vaccinations, 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 continue to be reminded that we have no control over what happens to our bodies during an encounter with government officials.
  18. Finally, freedom is never free. There is always a price—always a sacrifice—that must be made in order to safeguard one’s freedoms.

We cannot remain silent in the face of the government’s ongoing overreaches, power grabs, and crimes against humanity.

Evil disguised as bureaucracy is still evil. Indeed, this is what Hannah Arendt referred to as the banality of evil.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, such evil happens when bureaucrats (governmental and corporate) unquestioningly carry out orders that are immoral and inhumane; obey immoral instructions unthinkingly; march in lockstep with tyrants; mindlessly perpetuate acts of terror and inhumanity; and justify it all as just “doing one’s job.”

Such evil prevails when good men and women do nothing.

By doing nothing, by remaining silent, by being bystanders to injustice, hate and wrongdoing, good people become as guilty as the perpetrator.

There’s a term for this phenomenon where people stand by, watch and do nothing—even when there is no risk to their safety—while some horrific act takes place (someone is mugged or raped or bullied or left to die): it’s called the bystander effect.

It works the same whether you’re talking about kids watching bullies torment a fellow student on a playground, bystanders watching someone dying on a sidewalk, passengers on a train filming a fellow traveler be raped without intervening to help, or citizens remaining silent in the face of government atrocities.

We need to stop being silent bystanders.

It’s time to stand up for truth—for justice—for freedom—not just for ourselves but for all humanity. Tomorrow may be too late.

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

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

“Rights aren’t rights if someone can take them away. They’re privileges.”—George Carlin

You think you’ve got rights? Think again.

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

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

In fact, in the face of the government’s ongoing power grabs, our so-called rights have been reduced to mere technicalities, privileges that can be granted and taken away, all with the general blessing of the courts.

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

Court pundits, fixated on a handful of politically charged cases before the U.S. Supreme Court this term dealing with abortion, gun rights and COVID-19 mandates, have failed to recognize that the Supreme Court—and the courts in general—sold us out long ago.

With each passing day, it becomes increasingly clear that Americans can no longer rely on the courts to “take the government off the backs of the people,” in the words of Supreme Court Justice William O. Douglas. When presented with an opportunity to loosen the government’s noose that keeps getting cinched tighter and tighter around the necks of the American people, what does our current Supreme Court usually do?

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

More often than not, it gives the government and its corporate sponsors the benefit of the doubt, seemingly more concerned with establishing order and protecting government interests than with upholding the rights of the people enshrined in the U.S. Constitution.

Rarely do the concerns of the populace prevail.

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

As a result, the police and other government agents have been generally empowered to probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance.

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

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

The cases the Supreme Court refuses to hear, allowing lower court judgments to stand, are almost as critical as the ones they rule on. Some of these cases have delivered devastating blows to the rights enshrined in the Constitution.

By remaining silent, the Court has affirmed that: legally owning a firearm is enough to justify a no-knock raid by police; the military can arrest and detain American citizens; students can be subjected to random lockdowns and mass searches at school; police officers who don’t know their actions violate the law aren’t guilty of breaking the law; trouble understanding police orders constitutes resistance that justifies the use of excessive force; and the areas immediately adjacent to one’s apartment can be subjected to warrantless police surveillance and arrests.

Make no mistake about it: when such instances of abuse are continually validated by a judicial system that kowtows to every police demand, no matter how unjust, no matter how in opposition to the Constitution, one can only conclude that the system is rigged.

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

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

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

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

It’s a setup for failure.

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

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

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

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

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

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

To sum it up, we are dealing with a nationwide epidemic of court-sanctioned police violence carried out with impunity against individuals posing little or no real threat.

So where does that leave us?

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

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

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

Justice has become jaded, jaundiced and just plain unjust.

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

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

Source: https://bit.ly/3a6Dlwz

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

“No doubt concentration camps were a means, a menace used to keep order.”—Albert Speer, Nuremberg Trials

It’s no longer a question of whether the government will lock up Americans for defying its mandates but when.

This is what we know: the government has the means, the muscle and the motivation to detain individuals who resist its orders and do not comply with its mandates in a vast array of prisons, detention centers, and FEMA concentration camps paid for with taxpayer dollars.

It’s just a matter of time.

It no longer matters what the hot-button issue might be (vaccine mandates, immigration, gun rights, abortion, same-sex marriage, healthcare, criticizing the government, protesting election results, etc.) or which party is wielding its power like a hammer.

The groundwork has already been laid.

Under the indefinite detention provision of the National Defense Authorization Act (NDAA), the President and the military can detain and imprison American citizens with no access to friends, family or the courts if the government believes them to be a terrorist.

So it should come as no surprise that merely criticizing the government or objecting to a COVID-19 vaccine could get you labeled as a terrorist.

After all, it doesn’t take much to be considered a terrorist anymore, especially given that the government likes to use the words “anti-government,” “extremist” and “terrorist” interchangeably.

For instance, the Department of Homeland Security broadly defines extremists as individuals, military veterans and groups “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely.”

Military veterans returning from Iraq and Afghanistan may also be characterized as extremists and potential domestic terrorist threats by the government because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.”

Indeed, if you believe in and exercise your rights under the Constitution (namely, your right to speak freely, worship freely, associate with like-minded individuals who share your political views, criticize the government, own a weapon, demand a warrant before being questioned or searched, or any other activity viewed as potentially anti-government, racist, bigoted, anarchic or sovereign), you could be at the top of the government’s terrorism watch list.

Moreover, as a New York Times editorial warns, you may be an anti-government extremist (a.k.a. domestic terrorist) in the eyes of the police if you are afraid that the government is plotting to confiscate your firearms, if you believe the economy is about to collapse and the government will soon declare martial law, or if you display an unusual number of political and/or ideological bumper stickers on your car.

According to the FBI, you might also be classified as a domestic terrorism threat if you espouse conspiracy theories or dare to subscribe to any views that are contrary to the government’s.

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

This is what happens when you not only put the power to determine who is a potential danger in the hands of government agencies, the courts and the police but also give those agencies liberal authority to lock individuals up for perceived wrongs.

It’s a system just begging to be abused by power-hungry bureaucrats desperate to retain their power at all costs.

It’s happened before.

As history shows, the U.S. government is not averse to locking up its own citizens for its own purposes.

One need only go back to the 1940s, when the federal government proclaimed that Japanese-Americans, labeled potential dissidents, could be put in concentration (a.k.a. internment) camps based only upon their ethnic origin, to see the lengths the federal government will go to in order to maintain “order” in the homeland.

The U.S. Supreme Court validated the detention program in Korematsu v. US (1944), concluding that the government’s need to ensure the safety of the country trumped personal liberties.

Although that Korematsu decision was never formally overturned, Chief Justice Roberts opined in Trump v. Hawaii (2018) that “the forcible relocation of U. S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of Presidential authority.”

Roberts’ statements provide little assurance of safety in light of the government’s tendency to sidestep the rule of law when it suits its purposes. Pointing out that such blatantly illegal detentions could happen again—with the blessing of the courts—Justice Scalia once warned, “In times of war, the laws fall silent.”

In fact, the creation of detention camps domestically has long been part of the government’s budget and operations, falling under the jurisdiction of FEMA, the Federal Emergency Management Agency.

FEMA’s murky history dates back to the 1970s, when President Carter created it by way of an executive order merging many of the government’s disaster relief agencies into one large agency.

During the 1980s, however, reports began to surface of secret military-type training exercises carried out by FEMA and the Department of Defense. Code named Rex-84, 34 federal agencies, including the CIA and the Secret Service, were trained on how to deal with domestic civil unrest.

FEMA’s role in creating top-secret American internment camps is well-documented.

But be careful who you share this information with: it turns out that voicing concerns about the existence of FEMA detention camps is among the growing list of opinions and activities which may make a federal agent or government official think you’re an extremist (a.k.a. terrorist), or sympathetic to terrorist activities, and thus qualify you for indefinite detention under the NDAA. Also included in that list of “dangerous” viewpoints are advocating states’ rights, believing the state to be unnecessary or undesirable, “conspiracy theorizing,” concern about alleged FEMA camps, opposition to war, organizing for “economic justice,” frustration with “mainstream ideologies,” opposition to abortion, opposition to globalization, and ammunition stockpiling.

Now if you’re going to have internment camps on American soil, someone has to build them.

Thus, in 2006, it was announced that Kellogg Brown and Root, a subsidiary of Halliburton, had been awarded a $385 million contract to build American detention facilities. Although the government and Halliburton were not forthcoming about where or when these domestic detention centers would be built, they rationalized the need for them in case of “an emergency influx of immigrants, or to support the rapid development of new programs” in the event of other emergencies such as “natural disasters.”

Of course, these detention camps will have to be used for anyone viewed as a threat to the government, and that includes political dissidents.

So it’s no coincidence that the U.S. government has, since the 1980s, acquired and maintained, without warrant or court order, a database of names and information on Americans considered to be threats to the nation.

As Salon reports, this database, reportedly dubbed “Main Core,” is to be used by the Army and FEMA in times of national emergency or under martial law to locate and round up Americans seen as threats to national security. There are at least 8 million Americans in the Main Core database.

Fast forward to 2009, when the Department of Homeland Security (DHS) released two reports, one on “Rightwing Extremism,” which broadly defines rightwing extremists as individuals and groups “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely,” and one on “Leftwing Extremism,” which labeled environmental and animal rights activist groups as extremists.

Incredibly, both reports use the words terrorist and extremist interchangeably.

That same year, the DHS launched Operation Vigilant Eagle, which calls for surveillance of military veterans returning from Iraq, Afghanistan and other far-flung places, characterizing them as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.”

These reports indicate that for the government, so-called extremism is not a partisan matter. Anyone seen as opposing the government—whether they’re Left, Right or somewhere in between—is a target, which brings us back, full circle, to the question of whether the government will exercise the power it claims to possess to detain anyone perceived as a threat, i.e., anyone critical of the government.

The short answer is: yes.

The longer answer is more complicated.

Despite what some may think, the Constitution is no magical incantation against government wrongdoing. Indeed, it’s only as effective as those who abide by it.

However, without courts willing to uphold the Constitution’s provisions when government officials disregard it and a citizenry knowledgeable enough to be outraged when those provisions are undermined, it provides little to no protection against SWAT team raids, domestic surveillance, police shootings of unarmed citizens, indefinite detentions, and the like.

Frankly, the courts and the police have meshed in their thinking to such an extent that anything goes when it’s done in the name of national security, crime fighting and terrorism.

Consequently, America no longer operates under a system of justice characterized by due process, an assumption of innocence, probable cause and clear prohibitions on government overreach and police abuse. Instead, our courts of justice have been transformed into courts of order, advocating for the government’s interests, rather than championing the rights of the citizenry, as enshrined in the Constitution.

We seem to be coming full circle on many fronts.

Consider that two decades ago we were debating whether non-citizens—for example, so-called enemy combatants being held at Guantanamo Bay and Muslim-Americans rounded up in the wake of 9/11—were entitled to protections under the Constitution, specifically as they relate to indefinite detention. Americans weren’t overly concerned about the rights of non-citizens then, and now we’re the ones in the unenviable position of being targeted for indefinite detention by our own government.

Similarly, most Americans weren’t unduly concerned when the U.S. Supreme Court gave Arizona police officers the green light to stop, search and question anyone—ostensibly those fitting a particular racial profile—they suspect might be an illegal immigrant. A decade later, the cops largely have carte blanche authority to stop any individual, citizen and non-citizen alike, they suspect might be doing something illegal (mind you, in this age of overcriminalization, that could be anything from feeding the birds to growing exotic orchids).

Likewise, you still have a sizeable portion of the population today unconcerned about the government’s practice of spying on Americans, having been brainwashed into believing that if you’re not doing anything wrong, you have nothing to worry about.

It will only be a matter of time before they learn the hard way that in a police state, it doesn’t matter who you are or how righteous you claim to be, because eventually, you will be lumped in with everyone else and everything you do will be “wrong” and suspect.

Indeed, it’s happening already, with police relying on surveillance software such as ShadowDragon to watch people’s social media and other website activity, whether or not they suspected of a crime, and potentially use it against them when the need arises.

It turns out that we are Soylent Green, being cannibalized by a government greedily looking to squeeze every last drop out of us.

The 1973 film Soylent Green, starring Charlton Heston and Edward G. Robinson, is set in 2022 in an overpopulated, polluted, starving New York City whose inhabitants depend on synthetic foods manufactured by the Soylent Corporation for survival.

Heston plays a policeman investigating a murder who discovers the grisly truth about the primary ingredient in the wafer, Soylent Green, which is the principal source of nourishment for a starved population. “It’s people. Soylent Green is made out of people,” declares Heston’s character. “They’re making our food out of people. Next thing they’ll be breeding us like cattle for food.”

Oh, how right he was.

Soylent Green is indeed people or, in our case, Soylent Green is our own personal data, repossessed, repackaged and used by corporations and the government to entrap us in prisons of our own making.

Without constitutional protections in place to guard against encroachments on our rights when power, technology and militaristic governance converge, it won’t be long before we find ourselves, much like Edward G. Robinson’s character in Soylent Green, looking back on the past with longing, back to an age where we could speak to whom we wanted, buy what we wanted, think what we wanted, and go where we wanted without those thoughts, words and movements being tracked, processed and stored by corporate giants such as Google, sold to government agencies such as the NSA and CIA, and used against us by militarized police with their army of futuristic technologies.

We’re not quite there yet, 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 moment of reckoning is getting closer by the minute.

Source: https://bit.ly/3oeO4Nw

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

“Every day in communities across the United States, children and adolescents spend the majority of their waking hours in schools that have increasingly come to resemble places of detention more than places of learning.”—Investigative journalist Annette Fuentes

Once upon a time in America, parents breathed a sigh of relief when their kids went back to school after a summer’s hiatus, content in the knowledge that for a good portion of the day their kids would be gainfully occupied, out of harm’s way and out of trouble.

Those were the good old days, before the COVID-19 pandemic introduced a whole new level of Nanny State authoritarianism to our daily lives, locking down communities, forcing kids out of the schoolroom and into virtual classrooms, leaving vast swaths of the work force dependent on government welfare, while pushing other segments into a work-from-home model, and generally subjecting us to an increasingly obnoxious level of intrusion by the government into our private lives.

Now, after almost 18 months away from a physical classroom, students are heading back to school.

Here’s what they can expect.

From the moment a child enters one of the nation’s 98,000 public schools to the moment he or she graduates, they will be exposed to a steady diet of:

  • draconian zero tolerance policies that criminalize childish behavior,
  • overreaching anti-bullying statutes that criminalize speech,
  • school resource officers (police) tasked with disciplining and/or arresting so-called “disorderly” students,
  • standardized testing that emphasizes rote answers over critical thinking,
  • politically correct mindsets that teach young people to censor themselves and those around them,
  • and extensive biometric and surveillance systems that, coupled with the rest, acclimate young people to a world in which they have no freedom of thought, speech or movement.

Young people in America are now first in line to be searched, surveilled, spied on, threatened, tied up, locked down, treated like criminals for non-criminal behavior, tasered and in some cases shot.

Nowadays, students are not only punished for minor transgressions such as playing cops and robbers on the playground, bringing LEGOs to school, or having a food fight, but the punishments have become far more severe, shifting from detention and visits to the principal’s office into misdemeanor tickets, juvenile court, handcuffs, tasers and even prison terms.

Students have been suspended under school zero tolerance policies for bringing to school “look alike substances” such as oreganobreath mints, birth control pills and powdered sugar.

Look-alike weapons (toy guns—even Lego-sized ones, hand-drawn pictures of guns, pencils twirled in a “threatening” manner, imaginary bows and arrows, fingers positioned like guns) can also land a student in hot water, in some cases getting them expelled from school or charged with a crime.

Not even good deeds go unpunished.

One 13-year-old was given detention for exposing the school to “liability” by sharing his lunch with a hungry friend. A third grader was suspended for shaving her head in sympathy for a friend who had lost her hair to chemotherapy. And then there was the high school senior who was suspended for saying “bless you” after a fellow classmate sneezed.

In South Carolina, where it’s against the law to “disturb” a school, more than a thousand students a year—some as young as 7 years old—“face criminal charges for not following directions, loitering, cursing, or the vague allegation of acting ‘obnoxiously.’ If charged as adults, they can be held in jail for up to 90 days.”

These outrageous incidents are exactly what you’ll see more of now that in-person school is back in session, especially once you add COVID-19 mandates to the mix.

Having police in the schools only adds to the danger.

Thanks to a combination of media hype, political pandering and financial incentives, the use of armed police officers (a.k.a. school resource officers) to patrol school hallways has risen dramatically in the years since the Columbine school shooting.

Indeed, the growing presence of police in the nation’s schools is resulting in greater police “involvement in routine discipline matters that principals and parents used to address without involvement from law enforcement officers.”

Funded by the U.S. Department of Justice, these school resource officers (SRO) have become de facto wardens in elementary, middle and high schools, doling out their own brand of justice to the so-called “criminals” in their midst with the help of tasers, pepper spray, batons and brute force.

In the absence of school-appropriate guidelines, police are more and more “stepping in to deal with minor rulebreaking: sagging pants, disrespectful comments, brief physical skirmishes. What previously might have resulted in a detention or a visit to the principal’s office was replaced with excruciating pain and temporary blindness, often followed by a trip to the courthouse.”

The horror stories are legion.

One SRO was accused of punching a 13-year-old student in the face for cutting the cafeteria line.

That same cop put another student in a chokehold a week later, allegedly knocking the student unconscious and causing a brain injury.

In Pennsylvania, a student was tasered after ignoring an order to put his cell phone away.

When 13-year-old Kevens Jean Baptiste failed to follow a school bus driver’s direction to keep the bus windows closed (Kevens, who suffers from asthma, opened the window after a fellow student sprayed perfume, causing him to cough and wheeze), he was handcuffed by police, removed from the bus, and while still handcuffed, had his legs swept out from under him by an officer, causing him to crash to the ground.

Young Alex Stone didn’t even make it past the first week of school before he became a victim of the police state. Directed by his teacher to do a creative writing assignment involving a series of fictional Facebook statuses, Stone wrote, “I killed my neighbor’s pet dinosaur. I bought the gun to take care of the business.” Despite the fact that dinosaurs are extinct, the status fabricated, and the South Carolina student was merely following orders, his teacher reported him to school administrators, who in turn called the police.

What followed is par for the course in schools today: students were locked down in their classrooms while armed police searched the 16-year-old’s locker and bookbag, handcuffed him, charged him with disorderly conduct disturbing the school, arrested him, detained him, and then he was suspended from school.

Not even the younger, elementary school-aged kids are being spared these “hardening” tactics.

On any given day when school is in session, kids who “act up” in class are pinned facedown on the floor, locked in dark closets, tied up with straps, bungee cords and duct tape, handcuffed, leg shackled, tasered or otherwise restrained, immobilized or placed in solitary confinement in order to bring them under “control.”

In almost every case, these undeniably harsh methods are used to punish kids—some as young as 4 and 5 years old—for simply failing to follow directions or throwing tantrums.

Very rarely do the kids pose any credible danger to themselves or others.

Unbelievably, these tactics are all legal, at least when employed by school officials or school resource officers in the nation’s public schools.

This is what happens when you introduce police and police tactics into the schools.

Paradoxically, by the time you add in the lockdowns and active shooter drills, instead of making the schools safer, school officials have succeeded in creating an environment in which children are so traumatized that they suffer from post-traumatic stress disorder, nightmares, anxiety, mistrust of adults in authority, as well as feelings of anger, depression, humiliation, despair and delusion.

For example, a middle school in Washington State went on lockdown after a student brought a toy gun to class. A Boston high school went into lockdown for four hours after a bullet was discovered in a classroom. A North Carolina elementary school locked down and called in police after a fifth grader reported seeing an unfamiliar man in the school (it turned out to be a parent).

Police officers at a Florida middle school carried out an active shooter drill in an effort to educate students about how to respond in the event of an actual shooting crisis. Two armed officers, guns loaded and drawn, burst into classrooms, terrorizing the students and placing the school into lockdown mode.

These police state tactics have not made the schools any safer.

The fallout has been what you’d expect, with the nation’s young people treated like hardened criminals: handcuffed, arrested, tasered, tackled and taught the painful lesson that the Constitution (especially the Fourth Amendment) doesn’t mean much in the American police state.

Unfortunately, advocates for such harsh police tactics and weaponry like to trot out the line that school safety should be our first priority lest we find ourselves with another school shooting. What they will not tell you is that such shootings are rare.

As one congressional report found, the schools are, generally speaking, safe places for children.

There can be no avoiding the hands-on lessons being taught in the schools about the role of police in our lives, ranging from active shooter drills and school-wide lockdowns to incidents in which children engaging in typically childlike behavior are suspended (for shooting an imaginary “arrow” at a fellow classmate), handcuffed (for being disruptive at school), arrested (for throwing water balloons as part of a school prank), and even tasered (for not obeying instructions).

Instead of raising up a generation of freedom fighters—which one would hope would be the objective of the schools—government officials seem determined to churn out newly minted citizens of the American police state who are being taught the hard way what it means to comply, fear and march in lockstep with the government’s dictates.

So what’s the answer, not only for the here-and-now—the children growing up in these quasi-prisons—but for the future of this country?

How do you convince a child who has been routinely handcuffed, shackled, tied down, locked up, and immobilized by government officials—all before he reaches the age of adulthood—that he has any rights at all, let alone the right to challenge wrongdoing, resist oppression and defend himself against injustice?

Most of all, how do you persuade a fellow American that the government works for him when, for most of his young life, he has been incarcerated in an institution that teaches young people to be obedient and compliant citizens who don’t talk back, don’t question and don’t challenge authority?

As we’ve seen with other issues, any significant reforms will have to start locally and trickle upwards.

For starters, parents need to be vocal, visible and organized and demand that school officials 1) adopt a policy of positive reinforcement in dealing with behavior issues; 2) minimize the presence in the schools of police officers and cease involving them in student discipline; and 3) insist that all behavioral issues be addressed first and foremost with a child’s parents, before any other disciplinary tactics are attempted.

As I make clear in my book Battlefield America: The War on the American People, if you want a nation of criminals, treat the citizenry like criminals.

If you want young people who grow up seeing themselves as prisoners, run the schools like prisons.

If, on the other hand, you want to raise up a generation of freedom fighters, who will actually operate with justice, fairness, accountability and equality towards each other and their government, then run the schools like freedom forums.

Remove the metal detectors and surveillance cameras, re-assign the cops elsewhere, and start treating our nation’s young people like citizens of a republic and not inmates in a police state penitentiary.

WC: 1929

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

“We’ve reached the point where state actors can penetrate rectums and vaginas, where judges can order forced catheterizations, and where police and medical personnel can perform scans, enemas and colonoscopies without the suspect’s consent. And these procedures aren’t to nab kingpins or cartels, but people who at worst are hiding an amount of drugs that can fit into a body cavity. In most of these cases, they were suspected only of possession or ingestion. Many of them were innocent… But these tactics aren’t about getting drugs off the street… These tactics are instead about degrading and humiliating a class of people that politicians and law enforcement have deemed the enemy.”—Radley Balko, The Washington Post

Freedom is never free.

There is always a price—always a sacrifice—that must be made in order to safeguard one’s freedoms.

Where that transaction becomes more complicated is when one has to balance the rights of the individual with the needs of the community.

Philosophers such as Thomas Hobbes, John Locke and Jean-Jacques Rousseau envisioned the social contract between the individual and a nation’s rulers as a means of finding that balance. Invariably, however, those in power grow greedy, and what was intended to be a symbiotic relationship with both sides benefitting inevitably turns into a parasitic one, with a clear winner and a clear loser.

We have seen this vicious cycle play out over and over again throughout the nation’s history.

Just look at this COVID-19 pandemic: the whole sorry mess has been so overtly politicized, propagandized, and used to expand the government’s powers (and Corporate America’s bank balance) that it’s difficult at times to distinguish between what may be legitimate health concerns and government power grabs.

After all, the government has a history of shamelessly exploiting national emergencies for its own nefarious purposes. Terrorist attacks, mass shootings, civil unrest, economic instability, pandemics, natural disasters: the government has been taking advantage of such crises for years now in order to gain greater power over an unsuspecting and largely gullible populace.

This COVID-19 pandemic is no different.

Yet be warned: we will all lose if this pandemic becomes a showdown between COVID-19 vaccine mandates and the right to bodily integrity.

It doesn’t matter what your trigger issue is—whether it’s vaccines, abortion, crime, religion, immigration, terrorism or some other overtly politicized touchstone used by politicians as a rallying cry for votes—we should all be concerned when governments and businesses (i.e., the Corporate State) join forces to compel individuals to sacrifice their right to bodily integrity (which goes hand in hand with the right to conscience and religious freedom) on the altar of so-called safety and national security.

That’s exactly what’s unfolding right now, with public and private employers using the threat of termination to force employees to be vaccinated against COVID-19.

Unfortunately, legal protections in this area are limited.

While the Americans with Disabilities Act protects those who can prove they have medical conditions that make receiving a vaccination dangerous, employees must be able to prove they have a sensitivity to vaccines.

Beyond that, employees with a religious objection to the vaccine mandate can try to request an exemption, but even those who succeed in gaining an exemption to a vaccine mandate may have to submit to routine COVID testing and mask requirements, especially if their job involves contact with other individuals.

Under the First Amendment and Title VII of the Civil Rights Act of 1964, individuals have a right of conscience and/or religious freedom to ask that their sincere religious beliefs against receiving vaccinations be accommodated. To this end, The Rutherford Institute has issued guidance and an in-depth fact sheet and model letter for those seeking a religious exemption to a COVID-19 vaccine mandate in the workplace. The Rutherford Institute’s policy paper, “Know Your Rights: How To Request a Religious Accommodation for COVID-19 Vaccine Mandates in the Workplace,” goes into the details of how and why and in which forums one can request such accommodation, but there is no win-win scenario.

As with all power plays of this kind, the ramifications of empowering the government and its corporate partners to force individuals to choose between individual liberty and economic survival during a so-called state of “emergency” can lead to terrifying results.

At a minimum, it’s a slippery slope that justifies all manner of violations in the name of national security, the interest of the state and the so-called greater good.

If the government—be it the President, Congress, the courts or any federal, state or local agent or agency—can willfully disregard the rights of any particular person or group of persons, then that person becomes less than a citizen, less than human, less than deserving of respect, dignity, civility and bodily integrity. He or she becomes an “it,” a faceless number that can be tallied and tracked, a quantifiable mass of cells that can be discarded without conscience, an expendable cost that can be written off without a second thought, or an animal that can be bought, sold, branded, chained, caged, bred, neutered and euthanized at will.

That’s exactly where we find ourselves now: caught in the crosshairs of a showdown between the rights of the individual and the so-called “emergency” state.

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

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

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

Yet those who founded this country believed that what we conceive of as our rights were given to us by God—we are created equal, according to the nation’s founding document, the Declaration of Independence—and that government cannot create nor can it extinguish our God-given rights. To do so would be to anoint the government with god-like powers and elevate it above the citizenry.

And that, in a nutshell, is what happens when government officials are allowed to determine who is deserving of constitutional rights and who should be stripped of those rights for whatever reason may be justified by the courts and the legislatures.

In this way, concerns about COVID-19 mandates and bodily integrity are part of a much larger debate over the ongoing power struggle between the citizenry and the government over our property “interest” in our bodies. For instance, who should get to decide how “we the people” care for our bodies? Are we masters over our most private of domains, our bodies? Or are we merely serfs who must answer to an overlord that gets the final say over whether and how we live or die?

This debate over bodily integrity covers broad territory, ranging from abortion and euthanasia to forced blood draws, biometric surveillance and basic healthcare.

Forced vaccinations are just the tip of the iceberg.

Forced vaccinations, 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 continue to be reminded that we have no control over what happens to our bodies during an encounter with government officials.

Consider the case of Mitchell vs. Wisconsin in which the U.S. Supreme Court in a 5-4 decision found nothing wrong when police officers read an unconscious man his rights and then proceeded to forcibly and warrantlessly draw his blood while he was still unconscious in order to determine if he could be charged with a DUI.

To sanction this forced blood draw, the cops and the courts hitched their wagon to state “implied consent” laws (all of the states have them), which suggest that merely driving on a state-owned road implies that a person has consented to police sobriety tests, breathalyzers and blood draws.

More than half of the states (29 states) allow police to do warrantless, forced blood draws on unconscious individuals whom they suspect of driving while intoxicated.

Seven state appeals courts have declared these warrantless blood draws when carried out on unconscious suspects are unconstitutional. Courts in seven other states have found that implied consent laws run afoul of the Fourth Amendment. And yet seven other states (including Wisconsin) have ruled that implied consent laws provide police with a free pass when it comes to the Fourth Amendment and forced blood draws.

Read the writing on the wall, and you’ll see how little remains of our right to bodily integrity in the face of the government’s steady assaults on the Fourth Amendment.

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

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 militarized SWAT teams 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.

While forced searches—of one’s person and property—may span a broad spectrum of methods and scenarios, the common denominator remains the same: a complete disregard for the dignity and rights of the citizenry.

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.

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. As this showdown over COVID-19 vaccine mandates makes clear, the government has other methods—less subtle perhaps but equally devastating—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.

You may not realize it yet, but you are not free.

If you believe otherwise, it is only because you have made no real attempt to exercise your freedoms.

Had you attempted to exercise your freedoms before now by questioning a police officer’s authority, challenging an unjust tax or fine, protesting the government’s endless wars, defending your right to privacy against the intrusion of surveillance cameras, or any other effort that challenges the government’s power grabs and the generally lopsided status quo, you would have already learned the hard way that the American Police State has no appetite for freedom and it does not tolerate resistance.

This is called authoritarianism, a.k.a. totalitarianism, a.k.a. oppression.

As Glenn Greenwald notes for the Guardian:

Oppression is designed to compel obedience and submission to authority. Those who voluntarily put themselves in that state – by believing that their institutions of authority are just and good and should be followed rather than subverted – render oppression redundant, unnecessary. Of course people who think and behave this way encounter no oppression. That’s their reward for good, submissive behavior. They are left alone by institutions of power because they comport with the desired behavior of complacency and obedience without further compulsion. But the fact that good, obedient citizens do not themselves perceive oppression does not mean that oppression does not exist.

Get ready to stand your ground or run for your life.

As I make clear in my book Battlefield America: The War on the American People, our government “of the people, by the people and for the people” has been transformed into a greedy pack of wolves that is on the hunt.

“We the people” are the prey.

Source: https://bit.ly/3z29ksv

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

“Plays, farces, spectacles, gladiators, strange beasts, medals, pictures, and other such opiates, these were for ancient peoples the bait toward slavery, the price of their liberty, the instruments of tyranny. By these practices and enticements the ancient dictators so successfully lulled their subjects under the yoke, that the stupefied peoples, fascinated by the pastimes and vain pleasures flashed before their eyes, learned subservience as naively, but not so creditably, as little children learn to read by looking at bright picture books.”— French philosopher Etienne de La Boétie

The COVID-19 pandemic continues to be a convenient, traumatic, devastating distraction.

The American people, the permanent underclass in America, have allowed themselves to be so distracted and divided that they have failed to notice the building blocks of tyranny being laid down right under their noses by the architects of the Deep State.

Biden, Trump, Obama, Bush, Clinton: they have all been complicit in carrying out the Deep State’s agenda.

Frankly, it really doesn’t matter who occupies the White House, because it is a profit-driven, unelected bureaucracy—call it whatever you will: the Deep State, the Controllers, the masterminds, the shadow government, the corporate elite, the police state, the surveillance state, the military industrial complex—that is actually calling the shots

Our losses are mounting with every passing day, part of a calculated siege intended to ensure our defeat at the hands of a totalitarian regime.

Free speech, the right to protest, the right to challenge government wrongdoing, due process, a presumption of innocence, the right to self-defense, accountability and transparency in government, privacy, media, sovereignty, assembly, bodily integrity, representative government: all of these and more are casualties in the government’s war on the American people.

Set against a backdrop of government surveillance, militarized federal police, SWAT team raids, asset forfeiture, overcriminalization, armed surveillance drones, whole body scanners, stop and frisk searches, and the like—all of which have been sanctioned by Congress, the White House and the courts—our constitutional freedoms are being steadily chipped away at, undermined, eroded, whittled down, and generally discarded.

As a result, the American people continue to be treated like enemy combatants, to be spied on, tracked, scanned, frisked, searched, subjected to all manner of intrusions, intimidated, invaded, raided, manhandled, censored, silenced, shot at, locked up, and denied due process.

None of these dangers have dissipated in any way.

They have merely disappeared from our televised news streams.

Thus, in the interest of liberty and truth, here’s an A-to-Z primer that spells out the grim realities of life in the American Police State that no one seems to be talking about anymore.

A is for the AMERICAN POLICE STATE. A police state “is characterized by bureaucracy, secrecy, perpetual wars, a nation of suspects, militarization, surveillance, widespread police presence, and a citizenry with little recourse against police actions.”

B is for our battered BILL OF RIGHTS. In the militarized police culture that is America today, where you can be kicked, punched, tasered, shot, intimidated, harassed, stripped, searched, brutalized, terrorized, wrongfully arrested, and even killed by a police officer, and that officer is rarely held accountable for violating your rights, the Bill of Rights doesn’t amount to much.

C is for CIVIL ASSET FORFEITURE. This governmental scheme to deprive Americans of their liberties—namely, the right to property—is being carried out under the guise of civil asset forfeiture, a government practice wherein government agents (usually the police and now TSA agents) seize private property they “suspect” may be connected to criminal activity. Then, whether or not any crime is actually proven to have taken place, the government keeps the citizen’s property and it’s virtually impossible to get it back.

D is for DRONES. It was estimated that at least 30,000 drones are  now airborne in American airspace, part of an $80 billion industry. Although some drones may be used for benevolent purposes, many are also being equipped with lasers, tasers and scanning devices, among other weapons—all aimed at “we the people.”

E is for EMERGENCY STATE. From 9/11 to COVID-19, we have been the subjected to an “emergency state” that justifies all manner of government tyranny and power grabs in the so-called name of national security. The government’s ongoing attempts to declare so-called national emergencies in order to circumvent the Constitution’s system of checks and balances constitutes yet another expansion of presidential power that exposes the nation to further constitutional peril.

F is for FASCISM. A study conducted by Princeton and Northwestern University concluded that the U.S. government does not represent the majority of American citizens. Instead, the study found that the government is ruled by the rich and powerful, or the so-called “economic elite.” Moreover, the researchers concluded that policies enacted by this governmental elite nearly always favor special interests and lobbying groups. In other words, we are being ruled by an oligarchy disguised as a democracy, and arguably on our way towards fascism—a form of government where private corporate interests rule, money calls the shots, and the people are seen as mere economic units or databits.

G is for GRENADE LAUNCHERS and GLOBAL POLICE. The federal government has distributed more than $18 billion worth of battlefield-appropriate military weapons, vehicles and equipment such as drones, tanks, and grenade launchers to domestic police departments across the country. As a result, most small-town police forces now have enough firepower to render any citizen resistance futile. Now take those small-town police forces, train them to look and act like the military, and then enlist them to be part of the United Nations’ Strong Cities Network program, and you not only have a standing army that operates beyond the reach of the Constitution but one that is part of a global police force.

H is for HOLLOW-POINT BULLETS. The government’s efforts to militarize and weaponize its agencies and employees is reaching epic proportions, with federal agencies as varied as the Department of Homeland Security and the Social Security Administration stockpiling millions of lethal hollow-point bullets, which violate international law. Ironically, while the government continues to push for stricter gun laws for the general populace, the U.S. military’s arsenal of weapons makes the average American’s handgun look like a Tinker Toy.

I is for the INTERNET OF THINGS, in which internet-connected “things” monitor your home, your health and your habits in order to keep your pantry stocked, your utilities regulated and your life under control and relatively worry-free. The key word here, however, is control. This “connected” industry propels us closer to a future where police agencies apprehend virtually anyone if the government “thinks” they may commit a crime, driverless cars populate the highways, and a person’s biometrics are constantly scanned and used to track their movements, target them for advertising, and keep them under perpetual surveillance.

J is for JAILING FOR PROFIT. Having outsourced their inmate population to private prisons run by private corporations, this profit-driven form of mass punishment has given rise to a $70 billion private prison industry that relies on the complicity of state governments to keep their privately run prisons full by jailing large numbers of Americans for petty crimes.

K is for KENTUCKY V. KING. In an 8-1 ruling, the Supreme Court ruled that police officers can break into homes, without a warrant, even if it’s the wrong home as long as they think they may have a reason to do so. Despite the fact that the police in question ended up pursuing the wrong suspect, invaded the wrong apartment and violated just about every tenet that stands between the citizenry and a police state, the Court sanctioned the warrantless raid, leaving Americans with little real protection in the face of all manner of abuses by law enforcement officials.

L is for LICENSE PLATE READERS, which enable law enforcement and private agencies to track the whereabouts of vehicles, and their occupants, all across the country. This data collected on tens of thousands of innocent people is also being shared between police agencies, as well as with government fusion centers and private companies. This puts Big Brother in the driver’s seat.

M is for MAIN CORE. Since the 1980s, the U.S. government has acquired and maintained, without warrant or court order, a database of names and information on Americans considered to be threats to the nation. As Salon reports, this database, reportedly dubbed “Main Core,” is to be used by the Army and FEMA in times of national emergency or under martial law to locate and round up Americans seen as threats to national security. There are at least 8 million Americans in the Main Core database.

N is for NO-KNOCK RAIDS. Owing to the militarization of the nation’s police forces, SWAT teams are now increasingly being deployed for routine police matters. In fact, more than 80,000 of these paramilitary raids are carried out every year. That translates to more than 200 SWAT team raids every day in which police crash through doors, damage private property, terrorize adults and children alike, kill family pets, assault or shoot anyone that is perceived as threatening—and all in the pursuit of someone merely suspected of a crime, usually possession of some small amount of drugs.

O is for OVERCRIMINALIZATION and OVERREGULATION. Thanks to an overabundance of 4500-plus federal crimes and 400,000 plus rules and regulations, it’s estimated that the average American actually commits three felonies a day without knowing it. As a result of this overcriminalization, we’re seeing an uptick in Americans being arrested and jailed for such absurd “violations” as letting their kids play at a park unsupervised, collecting rainwater and snow runoff on their own property, growing vegetables in their yard, and holding Bible studies in their living room.

P is for PATHOCRACY and PRECRIME. When our own government treats us as things to be manipulated, maneuvered, mined for data, manhandled by police and other government agents, mistreated, and then jailed in profit-driven private prisons if we dare step out of line, we are no longer operating under a constitutional republic. Instead, what we are experiencing is a pathocracy: tyranny at the hands of a psychopathic government, which “operates against the interests of its own people except for favoring certain groups.” Couple that with the government’s burgeoning precrime programs, which will use fusion centers, data collection agencies, behavioral scientists, corporations, social media, and community organizers and by relying on cutting-edge technology for surveillance, facial recognition, predictive policing, biometrics, and behavioral epigenetics in order to identify and deter so-called potential “extremists,” dissidents or rabble-rousers. Bear in mind that anyone seen as opposing the government—whether they’re Left, Right or somewhere in between—is now viewed as an extremist.

Q is for QUALIFIED IMMUNITY. Qualified immunity allows police officers to walk away without paying a dime for their wrongdoing. Conveniently, those deciding whether a cop should be immune from having to personally pay for misbehavior on the job all belong to the same system, all cronies with a vested interest in protecting the police and their infamous code of silence: city and county attorneys, police commissioners, city councils and judges.

R is for ROADSIDE STRIP SEARCHES and BLOOD DRAWS. The courts have increasingly erred on the side of giving government officials—especially the police—vast discretion in carrying out strip searches, blood draws and even anal and vaginal probes for a broad range of violations, no matter how minor the offense. In the past, strip searches were resorted to only in exceptional circumstances where police were confident that a serious crime was in progress. In recent years, however, strip searches have become routine operating procedures in which everyone is rendered a suspect and, as such, is subjected to treatment once reserved for only the most serious of criminals.

S is for the SURVEILLANCE STATE. On any given day, the average American going about his daily business will be monitored, surveilled, spied on and tracked in more than 20 different ways, by both government and corporate eyes and ears. A byproduct of the electronic concentration camp in which we live, whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency, whether the NSA or some other entity, is listening in and tracking your behavior. This doesn’t even begin to touch on the corporate trackers that monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere.

T is for TASERS. Nonlethal weapons such as tasers, stun guns, rubber pellets and the like have been used by police as weapons of compliance more often and with less restraint—even against women and children—and in some instances, even causing death. These “nonlethal” weapons also enable police to aggress with the push of a button, making the potential for overblown confrontations over minor incidents that much more likely. A Taser Shockwave, for instance, can electrocute a crowd of people at the touch of a button.

U is for UNARMED CITIZENS SHOT BY POLICE. No longer is it unusual to hear about incidents in which police shoot unarmed individuals first and ask questions later, often attributed to a fear for their safety. Yet the fatality rate of on-duty patrol officers is reportedly far lower than many other professions, including construction, logging, fishing, truck driving, and even trash collection.

V is for VIRUSES and VACCINE PASSPORTS. What started out as an apparent effort to prevent a novel coronavirus from sickening the nation (and the world) has become yet another means by which world governments (including the U.S.) can expand their powers, abuse their authority, and further oppress their constituents. The road we are traveling is paved with lockdowns, SWAT team raids, mass surveillance, forced vaccinations, contact tracing, vaccine passports, and heavy fines and jail time for those who dare to venture out without a mask, congregate in worship without the government’s blessing, or re-open their businesses without the government’s say-so.

W is for WHOLE-BODY SCANNERS. Using either x-ray radiation or radio waves, scanning devices and government mobile units are being used not only to “see” through your clothes but to spy on you within the privacy of your home. While these mobile scanners are being sold to the American public as necessary security and safety measures, we can ill afford to forget that such systems are rife with the potential for abuse, not only by government bureaucrats but by the technicians employed to operate them.

X is for X-KEYSCORE, one of the many spying programs carried out by the National Security Agency that targets every person in the United States who uses a computer or phone. This top-secret program “allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals.”

Y is for YOU-NESS. Using your face, mannerisms, social media and “you-ness” against you, you are now be tracked based on what you buy, where you go, what you do in public, and how you do what you do. Facial recognition software promises to create a society in which every individual who steps out into public is tracked and recorded as they go about their daily business. The goal is for government agents to be able to scan a crowd of people and instantaneously identify all of the individuals present. Facial recognition programs are being rolled out in states all across the country.

Z is for ZERO TOLERANCE. We have moved into a new paradigm in which young people are increasingly viewed as suspects and treated as criminals by school officials and law enforcement alike, often for engaging in little more than childish behavior or for saying the “wrong” word. In some jurisdictions, students have also been penalized under school zero tolerance policies for such inane “crimes” as carrying cough drops, wearing black lipstick, bringing nail clippers to school, using Listerine or Scope, and carrying fold-out combs that resemble switchblades. The lesson being taught to our youngest—and most impressionable—citizens is this: in the American police state, you’re either a prisoner (shackled, controlled, monitored, ordered about, limited in what you can do and say, your life not your own) or a prison bureaucrat (politician, police officer, judge, jailer, spy, profiteer, etc.).

As I make clear in my book Battlefield America: The War on the American People, the reality we must come to terms with is that in the post-9/11 America we live in today, the government does whatever it wants, freedom be damned.

We have moved beyond the era of representative government and entered a new age.

You can call it the age of authoritarianism. Or fascism. Or oligarchy. Or the American police state.

Whatever label you want to put on it, the end result is the same: tyranny.

Source: https://bit.ly/37wZS4b

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

A house divided against itself cannot stand. I believe this government cannot endure, permanently, half slave and half free. I do not expect the Union to be dissolved—I do not expect the house to fall—but I do expect it will cease to be divided. It will become all one thing or all the other.”—Abraham Lincoln

History has a funny way of circling back on itself.

The facts, figures, faces and technology may change from era to era, but the dangers remain the same.

This year is no different, whatever the politicians and talking heads may say to the contrary.

Sure, there’s a new guy in charge, but for the most part, we’re still recycling the same news stories that have kept us with one eye warily glued to the news for the past 100-odd years: War. Corruption. Brutality. Economic instability. Partisan politics. Militarism. Disease. Hunger. Greed. Violence. Poverty. Ignorance. Hatred.

The more things change, the more they stay the same.

Brush up on your history, and you’ll find that we’ve been stuck on repeat for some time now.

Take the United States of America in the year 2021, which is not so far different from the United States of America during the Civil Rights era, or the Cold War era, or even the Depression era.

Go far enough afield, and you’ll find aspects of our troubled history mirrored in the totalitarianism of Nazi Germany, in the fascism of Mussolini’s Italy, and further back in the militarism of the Roman Empire.

We’re like TV weatherman Phil Connors in Harold Ramis’ classic 1993 comedy Groundhog Day, forced to live the same day over and over again.

Here in the American police state, however, we continue to wake up, hoping each new day, new president and new year will somehow be different from what has come before.

Unfortunately, no matter how we change the narrative, change the characters, change the plot lines, we seem to keep ending up in the same place that we started: enslaved, divided and repeating the mistakes of the past.

You want to know about the true State of our Nation? Listen up.

The State of the Union: The state of our nation is politically polarized, controlled by forces beyond the purview of the average American, and rapidly moving the nation away from its freedom foundation. Over the past year, due in part to the COVID-19 pandemic, Americans have found themselves repeatedly subjected to egregious civil liberties violations, invasive surveillance, martial law, lockdowns, political correctness, erosions of free speech, strip searches, police shootings of unarmed citizens, government spying, the criminalization of lawful activities, warmongering, etc.

The predators of the police state have wreaked havoc on our freedoms, our communities, and our lives. The government does not listen to the citizenry, refuses to abide by the Constitution, and treats taxpayers as a source of funding and little else. Police officers shoot unarmed citizens and their household pets. Government agents—including local police—remain armed to the teeth and act like soldiers on a battlefield. Bloated government agencies continue to fleece taxpayers. Government technicians spy on our emails and phone calls. And government contractors make a killing by waging endless wars abroad.

Consequently, the state of our nation remains bureaucratic, debt-ridden, violent, militarized, fascist, lawless, invasive, corrupt, untrustworthy, mired in war, and unresponsive to the wishes and needs of the electorate.

The policies of the American police state continue unabated.

The Executive Branch: All of the imperial powers amassed by Donald Trump, Barack Obama and George W. Bush—to kill American citizens without due process, to detain suspects indefinitely, to strip Americans of their citizenship rights, to carry out mass surveillance on Americans without probable cause, to suspend laws during wartime, to disregard laws with which he might disagree, to conduct secret wars and convene secret courts, to sanction torture, to sidestep the legislatures and courts with executive orders and signing statements, to direct the military to operate beyond the reach of the law, to act as a dictator and a tyrant, above the law and beyond any real accountability—were inherited by Joe Biden.

Biden has these powers because every successive occupant of the Oval Office has been allowed to expand the reach and power of the presidency through the use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements that can be activated by any sitting president. Those of us who saw this eventuality coming have been warning for years about the growing danger of the Executive Branch with its presidential toolbox of terror that could be used—and abused—by future presidents. The groundwork, we warned, was being laid for a new kind of government where it won’t matter if you’re innocent or guilty, whether you’re a threat to the nation or even if you’re a citizen. What will matter is what the president—or whoever happens to be occupying the Oval Office at the time—thinks. And if he or she thinks you’re a threat to the nation and should be locked up, then you’ll be locked up with no access to the protections our Constitution provides. In effect, you will disappear.

Our warnings continue to go unheeded.

The Legislative Branch:  Congress may well be the most self-serving, semi-corrupt institution in America. Abuses of office runs the gamut from elected representatives neglecting their constituencies to engaging in self-serving practices, including the misuse of eminent domain, earmarking hundreds of millions of dollars in federal contracting in return for personal gain and campaign contributions, having inappropriate ties to lobbyist groups and incorrectly or incompletely disclosing financial information. Pork barrel spending, hastily passed legislation, partisan bickering, a skewed work ethic, graft and moral turpitude have all contributed to the public’s increasing dissatisfaction with congressional leadership. No wonder only 31 percent of Americans approve of the job Congress is doing.

The Judicial Branch: The Supreme Court was intended to be an institution established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet through their deference to police power, preference for security over freedom, and evisceration of our most basic rights for the sake of order and expediency, the justices of the United States Supreme Court have become the guardians of the American police state in which we now live. As a result, sound judgment and justice have largely taken a back seat to legalism, statism and elitism, while preserving the rights of the people has been deprioritized and made to play second fiddle to both governmental and corporate interests. The courts have empowered the government to wreak havoc on our liberties. Protections for private property continue to be undermined. And Americans can no longer rely on the courts to mete out justice.

Shadow Government: Joe Biden inherited more than a bitterly divided nation teetering on the brink of financial catastrophe when he assumed office. He also inherited a shadow government, one that is fully operational and staffed by unelected officials who are, in essence, running the country. Referred to as the Deep State, this shadow government is comprised of unelected government bureaucrats, corporations, contractors, paper-pushers, and button-pushers who are actually calling the shots behind the scenes right now.

Law Enforcement: By and large the term “law enforcement” encompasses all agents within a militarized police state, including the military, local police, and the various agencies such as the Secret Service, FBI, CIA, NSA, etc. Having been given the green light to probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts, America’s law enforcement officials, no longer mere servants of the people entrusted with keeping the peace but now extensions of the military, are part of an elite ruling class dependent on keeping the masses corralled, under control, and treated like suspects and enemies rather than citizens. As a result, police are becoming even more militarized and weaponized, and police shootings of unarmed individuals continue to increase.

A Suspect Surveillance Society: Every dystopian sci-fi film we’ve ever seen is suddenly converging into this present moment in a dangerous trifecta between science, technology and a government that wants to be all-seeing, all-knowing and all-powerful. By tapping into your phone lines and cell phone communications, the government knows what you say. By uploading all of your emails, opening your mail, and reading your Facebook posts and text messages, the government knows what you write. By monitoring your movements with the use of license plate readers, surveillance cameras and other tracking devices, the government knows where you go. By churning through all of the detritus of your life—what you read, where you go, what you say—the government can predict what you will do. By mapping the synapses in your brain, scientists—and in turn, the government—will soon know what you remember. And by accessing your DNA, the government will soon know everything else about you that they don’t already know: your family chart, your ancestry, what you look like, your health history, your inclination to follow orders or chart your own course, etc. Consequently, in the face of DNA evidence that places us at the scene of a crimebehavior sensing technology that interprets our body temperature and facial tics as suspicious, and government surveillance devices that cross-check our biometricslicense plates and DNA against a growing database of unsolved crimes and potential criminals, we are no longer “innocent until proven guilty.”

Military Empire: America’s endless global wars and burgeoning military empire—funded by taxpayer dollars—have depleted our resources, over-extended our military and increased our similarities to the Roman Empire and its eventual demise. Black budget spending has completely undermined any hope of fiscal transparency, with government contractors padding their pockets at the expense of taxpayers and the nation’s infrastructure—railroads, water pipelines, ports, dams, bridges, airports and roads—taking the hit. The U.S. now operates approximately 800 military bases in foreign countries around the globe at an annual cost of at least $156 billion. The consequences of financing a global military presence are dire. In fact, David Walker, former comptroller general of the U.S., believes there are “striking similarities” between America’s current situation and the factors that contributed to the fall of Rome, including “declining moral values and political civility at home, an over-confident and over-extended military in foreign lands and fiscal irresponsibility by the central government.”

I haven’t even touched on the corporate state, the military industrial complex, SWAT team raids, invasive surveillance technology, zero tolerance policies in the schools, overcriminalization, or privatized prisons, to name just a few. However, what I have touched on should be enough to show that the landscape of our freedoms has already changed dramatically from what it once was and will no doubt continue to deteriorate unless Americans can find a way to wrest back control of their government and reclaim their freedoms.

So how do we go about reclaiming our freedoms and reining in our runaway government?

Essentially, there are four camps of thought among the citizenry when it comes to holding the government accountable. Which camp you fall into says a lot about your view of government—or, at least, your view of whichever administration happens to be in power at the time.

In the first camp are those who trust the government to do the right thing, despite the government’s repeated failures in this department.

In the second camp are those who not only don’t trust the government but think the government is out to get them.

In the third camp are those who see government neither as an angel nor a devil, but merely as an entity that needs to be controlled, or as Thomas Jefferson phrased it, bound “down from mischief with the chains of the Constitution.”

Then there’s the fourth camp, comprised of individuals who pay little to no attention to the workings of government. Easily entertained, easily distracted, easily led, these are the ones who make the government’s job far easier than it should be.

It is easy to be diverted, distracted and amused by the antics of politicians, the pomp and circumstance of awards shows, athletic events, and entertainment news, and the feel-good evangelism that passes for religion today.

What is far more difficult to face up to is the reality of life in America, where unemployment, poverty, inequality, injustice and violence by government agents are increasingly norms.

The powers-that-be want us to remain divided, alienated from each other based on our politics, our bank accounts, our religion, our race and our value systems. Yet as George Orwell observed, “The real division is not between conservatives and revolutionaries but between authoritarians and libertarians.”

The only distinction that matters anymore is where you stand in the American police state.

In other words, you’re either part of the problem or part of the solution.

America is at a crossroads.

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

Certainly, we have moved beyond the era of representative government and entered a new age: the age of authoritarianism. Even with its constantly shifting terrain, this topsy-turvy travesty of law and government has become America’s new normal.

As long as we continue to put our politics ahead of our principles—moral, legal and constitutional—“we the people” will lose.

And you know who will keep winning by playing on our prejudices, capitalizing on our fears, deepening our distrust of our fellow citizens, and dividing us into polarized, warring camps incapable of finding consensus on the one true menace that is an immediate threat to all of our freedoms? The government.

As I make clear in my book Battlefield America: The War on the American People and its fictional counterpart The Erik Blair Diaries, when we lose sight of the true purpose of government—to protect our rights—and fail to keep the government in its place as our servant, we allow the government to overstep its bounds and become a tyrant that rules by brute force.

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

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

“Experience teaches us to be most on our guard to protect liberty when the government’s purposes are beneficent.”—Supreme Court Justice Louis D. Brandeis

A federal COVID-19 vaccination strike force may soon be knocking on your door, especially if you live in a community with low vaccination rates. Will you let them in?

More to the point, are you required to open the door?

The Biden Administration has announced that it plans to send federal “surge response teams” on a “targeted community door-to-door outreach“ to communities with low vaccination rates in order to promote the safety and accessibility of the COVID-19 vaccines.

That’s all fine and good as far as government propaganda goes, but nothing is ever as simple or as straightforward as the government claims, especially not when armed, roving bands of militarized agents deployed by the Nanny State show up at your door with an agenda that is at odds with what Supreme Court Justice Louis Brandeis referred to as the constitutional “right to be let alone.”

Any attempt by the government to encroach upon the citizenry’s privacy rights or establish a system by which the populace can be targeted, tracked and singled out must be met with extreme caution. These door-to-door “visits” by COVID-19 surge response teams certainly qualify as a government program whose purpose, while seemingly benign, raises significant constitutional concerns.

First, there is the visit itself.

While government agents can approach, speak to and even question citizens without violating the Fourth Amendment, Americans have a right not to answer questions or even speak with a government agent.

Courts have upheld these “knock and talk” visits as lawful, reasoning that even though the curtilage of the home is protected by the Fourth Amendment, there is an implied license to approach a residence, knock on the door/ring the bell, and seek to contact occupants. However, the encounter is wholly voluntary and a person is under no obligation to speak with a government agent in this situation. 

Indeed, you don’t even need to answer or open the door in response to knocking/ringing by a government agent, and if you do answer the knock, you can stop speaking at any time. You also have the right to demand that government agents leave the property once the purpose of the visit is established. Government officials would not be enforcing any law or warrant in this context, and so they don’t have the authority of law to remain on the property after a homeowner or resident specifically revokes the implied license to come onto the property.

When the government’s actions go beyond merely approaching the door and knocking, it risks violating the Fourth Amendment, which requires a warrant and probable cause of possible wrongdoing in order to search one’s property. A government agent would violate the Fourth Amendment if he snooped around the premises, peering into window and going to other areas in search of residents. 

It should be pointed out that some judges (including Supreme Court Justice Gorsuch) believe that placing “No Trespassing” signs or taking other steps to impede access to the door is sufficient to negate any implied permission for government agents or others to approach your home, but this view does not have general acceptance.

While in theory one can refuse to speak with police or other government officials during a “knock and talk” encounter, as the courts have asserted as a justification for dismissing complaints about this police investigative tactic, the reality is far different. Indeed, it is unreasonable to suggest that individuals caught unaware by these tactics will not feel pressured in the heat of the moment to comply with a request to speak with government agents who display official credentials and are often heavily armed, let alone allow them to search one’s property. Even when such consent is denied, police have been known to simply handcuff the homeowner and conduct a search over his objections.

Second, there is the danger inherent in these knock-and-talk encounters.

Although courts have embraced the fiction that “knock and talks” are “voluntary” encounters that are no different from other door-to-door canvassing, these constitutionally dubious tactics are highly intimidating confrontations meant to pressure individuals into allowing police access to one’s home, which then paves the way for a warrantless search of one’s home and property.

The act of going to homes and taking steps to speak with occupants is akin to the “knock and talk” tactic used by police, which can be fraught with danger for homeowners and government agents alike. Indeed, “knock-and-talk” policing has become a thinly veiled, warrantless exercise by which citizens are coerced and intimidated into “talking” with heavily armed police who “knock” on their doors in the middle of the night.

“Knock-and-shoot” policing might be more accurate, however.

“Knock and talks” not only constitute severe violations of the privacy and security of homeowners, but the combination of aggression and surprise employed by police is also a recipe for a violent confrontation that rarely ends well for those on the receiving end of these tactics.

For example, although 26-year-old Andrew Scott had committed no crime and never fired a single bullet or threatened police, he was gunned down by police who knocked aggressively on the wrong door at 1:30 am, failed to identify themselves as police, and then repeatedly shot and killed Scott when he answered the door while holding a gun in self-defense. The police were investigating a speeding incident by engaging in a middle-of-the-night “knock and talk” in Scott’s apartment complex.

Carl Dykes was shot in the face by a county deputy who pounded on Dykes’ door in the middle of the night without identifying himself. Because of reports that inmates had escaped from a local jail, Dykes brought a shotgun with him when he answered the door.

As these and other incidents make clear, while Americans have a constitutional right to question the legality of a police action or resist an unlawful police order, doing so can often get one arrested, shot or killed.

Third, there is the question of how the government plans to use the information it obtains during these knock-and-talk visits.

Because the stated purpose of the program is to promote vaccination, homeowners and others who reside at the residence will certainly be asked if they are vaccinated. Again, you have a right not to answer this or any other question. Indeed, an argument could be made that even asking this question is improper if the purpose of the program is merely to ensure that Americans “have the information they need on how both safe and accessible the vaccine is.”

Under the Privacy Act, 5 U.S.C. 552a, an agency should only collect and maintain information about an individual as is “relevant and necessary to accomplish a purpose of the agency.” In this situation, the government agent could accomplish the purpose of assuring persons have information about the vaccine simply by providing that information (either in writing or orally) and would not need to know the vaccination status of the residents. To the extent the agents do request, collect and store information about residents’ vaccination status, this could be a Privacy Act violation.

Of course, there is always the danger that this program could be used for other, more nefarious, purposes not related to vaccination encouragement. As with knock-and-talk policing, government agents might misuse their appearance of authority to gain entrance to a residence and obtain other information about it and those who live there. Once the door is opened by a resident, anything the agents can see from their vantage point can be reported to law enforcement authorities.

Moreover, while presumably the targeting will be of areas with demonstrated low vaccination rates, there is no guarantee that this program would not be used as cover for conducting surveillance on areas deemed to be “high crime” areas as a way of obtaining intelligence for law enforcement purposes.

We’ve been down this road before, with the government sending its spies to gather intel on American citizens by questioning them directly, or by asking their neighbors to snitch on them.

Remember the egregiously invasive and intrusive American Community Survey?

Unlike the traditional census, which collects data every ten years, the American Community Survey (ACS) is sent to about 3 million homes per year at a reported cost of hundreds of millions of dollars. Moreover, while the traditional census is limited to ascertaining the number of persons living in each dwelling, their ages and ethnicities, the ownership of the dwelling and telephone numbers, the ACS is much more intrusive, asking questions relating to respondents’ bathing habits, home utility costs, fertility, marital history, work commute, mortgage, and health insurance, among other highly personal and private matters.

Individuals who receive the ACS must complete it or be subject to monetary penalties. Although no reports have surfaced of individuals actually being penalized for refusing to answer the survey, the potential fines that can be levied for refusing to participate in the ACS are staggering. For every question not answered, there is a $100 fine. And for every intentionally false response to a question, the fine is $500. Therefore, if a person representing a two-person household refused to fill out any questions or simply answered nonsensically, the total fines could range from upwards of $10,000 and $50,000 for noncompliance.

At 28 pages (with an additional 16-page instruction packet), the ACS contains some of the most detailed and intrusive questions ever put forth in a census questionnaire. These concern matters that the government simply has no business knowing, including questions relating to respondents’ bathing habits, home utility costs, fertility, marital history, work commute, mortgage, and health insurance, among others. For instance, the ACS asks how many persons live in your home, along with their names and detailed information about them such as their relationship to you, marital status, race and their physical, mental and emotional problems, etc. The survey also asks how many bedrooms and bathrooms you have in your house, along with the fuel used to heat your home, the cost of electricity, what type of mortgage you have and monthly mortgage payments, property taxes and so on.

However, that’s not all.

The survey also demands to know how many days you were sick last year, how many automobiles you own and the number of miles driven, whether you have trouble getting up the stairs, and what time you leave for work every morning, along with highly detailed inquiries about your financial affairs. And the survey demands that you violate the privacy of others by supplying the names and addresses of your friends, relatives and employer. The questionnaire also demands that you give other information on the people in your home, such as their educational levels, how many years of school were completed, what languages they speak and when they last worked at a job, among other things.

While some of the ACS’ questions may seem fairly routine, the real danger is in not knowing why the information is needed, how it will be used by the government or with whom it will be shared.

Finally, you have the right to say “no.”

Whether police are knocking on your door at 2 am or 2:30 pm, as long as you’re being “asked” to talk to a police officer who is armed to the teeth and inclined to kill at the least provocation, you don’t really have much room to resist, not if you value your life.

Mind you, these knock-and-talk searches are little more than police fishing expeditions carried out without a warrant.

The goal is intimidation and coercion.

Unfortunately, with police departments increasingly shifting towards pre-crime policing and relying on dubious threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports aimed at snaring potential enemies of the state, we’re going to see more of these warrantless knock-and-talk police tactics by which police attempt to circumvent the Fourth Amendment’s warrant requirement and prohibition on unreasonable searches and seizures.

Here’s the bottom line.

These agents are coming to your home with one purpose in mind: to collect information on you.

It’s a form of intimidation, of course. You shouldn’t answer any questions you’re uncomfortable answering about your vaccine history or anything else. The more information you give them, the more it can be used against you. Just ask them politely but firmly to leave.

In this case, as in so many interactions with government agents, the First, Fourth and Fifth Amendments (and your cell phone recording the encounter) are your best protection.

Under the First Amendment, you don’t have to speak (to government officials or anyone else). The Fourth Amendment protects you against unreasonable searches and seizures by the government. And under the Fifth Amendment, you have a right to remain silent and not say anything which might be used against you.

You can also post a “No Trespassing” sign on your property to firmly announce that you are exercising your right to be left alone. If you see government officials wandering around your property and peering through windows, in my opinion, you have a violation of the Fourth Amendment. Government officials can ring the doorbell, but once you put them on notice that it’s time for them to leave, they can’t stay on your property.

It’s important to be as clear as possible and inform them that you will call the police if they don’t leave. You may also wish to record your encounter with the government agent. If they still don’t leave, immediately call the local police and report a trespasser on your property.

Remember, you have rights.

The government didn’t want us to know about—let alone assert—those rights during this whole COVID-19 business.

After all, for years now, the powers-that-be—those politicians and bureaucrats who think like tyrants and act like petty dictators regardless of what party they belong to—have attempted to brainwash us into believing that we have no right to think for ourselves, make decisions about our health, protect our homes and families and businesses, act in our best interests, demand accountability and transparency from government, or generally operate as if we are in control of our own lives.

But we have every right, and you know why?

Because as the Declaration of Independence states, we are endowed by our Creator with certain inalienable rights—to life, liberty, property and the pursuit of happiness—that no government can take away from us.

Unfortunately, that hasn’t stopped the government from constantly trying to usurp our freedoms at every turn. Indeed, the nature of government is such that it invariably oversteps its limits, abuses its authority, and flexes its totalitarian muscles.

Take this COVID-19 crisis, for example.

What started out as an apparent effort to prevent a novel coronavirus from sickening the nation (and the world) has become yet another means by which world governments (including our own) can expand their powers, abuse their authority, and further oppress their constituents.

The government has made no secret of its plans.

Just follow the money trail, and you’ll get a sense of what’s in store: more militarized police, more SWAT team raids, more surveillance, more lockdowns, more strong-armed tactics aimed at suppressing dissent and forcing us to comply with the government’s dictates.

It’s chilling to think about, but it’s not surprising.

In many ways, this COVID-19 state of emergency has invested government officials (and those who view their lives as more valuable than ours) with a sanctimonious, self-righteous, arrogant, Big Brother Knows Best approach to top-down governing, and the fall-out can be seen far and wide.

It’s an ugly, self-serving mindset that views the needs, lives and rights of “we the people” as insignificant when compared to those in power.

That’s how someone who should know better such as Alan Dershowitz, a former Harvard law professor, can suggest that a free people—born in freedom, endowed by their Creator with inalienable rights, and living in a country birthed out of a revolutionary struggle for individual liberty—have no rights to economic freedom, to bodily integrity, or to refuse to comply with a government order with which they disagree.

According to Dershowitz, who has become little more than a legal apologist for the power elite, “You have no right not to be vaccinated, you have no right not to wear a mask, you have no right to open up your business… And if you refuse to be vaccinated, the state has the power to literally take you to a doctor’s office and plunge a needle into your arm.”

Dershowitz is wrong: as I make clear in my book Battlefield America: The War on the American People, while the courts may increasingly defer to the government’s brand of Nanny State authoritarianism, we still have rights.

The government may try to abridge those rights, it may refuse to recognize them, it may even attempt to declare martial law and nullify them, but it cannot litigate, legislate or forcefully eradicate them out of existence.

Source: https://bit.ly/2U4yszD

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

“If you want a picture of the future, imagine a boot stamping on a human face—for ever.” George Orwell, 1984

Tread cautiously: the fiction of George Orwell (Jun. 25, 1903-Jan. 21, 1950) has become an operation manual for the omnipresent, modern-day surveillance state.

It’s been more than 70 years since Orwell—dying, beset by fever and bloody coughing fits, and driven to warn against the rise of a society in which rampant abuse of power and mass manipulation are the norm—depicted the ominous rise of ubiquitous technology, fascism and totalitarianism in 1984.

Who could have predicted that so many years after Orwell typed the final words to his dystopian novel, “He loved Big Brother,” we would come to love Big Brother.

“To the future or to the past, to a time when thought is free, when men are different from one another and do not live alone— to a time when truth exists and what is done cannot be undone: From the age of uniformity, from the age of solitude, from the age of Big Brother, from the age of doublethink — greetings!”—George Orwell

1984 portrays a global society of total control in which people are not allowed to have thoughts that in any way disagree with the corporate state. There is no personal freedom, and advanced technology has become the driving force behind a surveillance-driven society. Snitches and cameras are everywhere. People are subject to the Thought Police, who deal with anyone guilty of thought crimes. The government, or “Party,” is headed by Big Brother who appears on posters everywhere with the words: “Big Brother is watching you.”

We have arrived, way ahead of schedule, into the dystopian future dreamed up by not only Orwell but also such fiction writers as Aldous Huxley, Margaret Atwood and Philip K. Dick.

“If liberty means anything at all, it means the right to tell people what they do not want to hear.”―George Orwell

Much like Orwell’s Big Brother in 1984, the government and its corporate spies now watch our every move. Much like Huxley’s A Brave New World, we are churning out a society of watchers who “have their liberties taken away from them, but … rather enjoy it, because they [are] distracted from any desire to rebel by propaganda or brainwashing.” Much like Atwood’s The Handmaid’s Tale, the populace is now taught to “know their place and their duties, to understand that they have no real rights but will be protected up to a point if they conform, and to think so poorly of themselves that they will accept their assigned fate and not rebel or run away.”

And in keeping with Philip K. Dick’s darkly prophetic vision of a dystopian police state—which became the basis for Steven Spielberg’s futuristic thriller Minority Report—we are now trapped in a world in which the government is all-seeing, all-knowing and all-powerful, and if you dare to step out of line, dark-clad police SWAT teams and pre-crime units will crack a few skulls to bring the populace under control.

What once seemed futuristic no longer occupies the realm of science fiction.

Incredibly, as the various nascent technologies employed and shared by the government and corporations alike—facial recognition, iris scanners, massive databases, behavior prediction software, and so on—are incorporated into a complex, interwoven cyber network aimed at tracking our movements, predicting our thoughts and controlling our behavior, the dystopian visions of past writers is fast becoming our reality.

Our world is characterized by widespread surveillance, behavior prediction technologies, data mining, fusion centers, driverless cars, voice-controlled homes, facial recognition systems, cybugs and drones, and predictive policing (pre-crime) aimed at capturing would-be criminals before they can do any damage.

Surveillance cameras are everywhere. Government agents listen in on our telephone calls and read our emails. Political correctness—a philosophy that discourages diversity—has become a guiding principle of modern society.

“People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.”―George Orwell

The courts have shredded the Fourth Amendment’s protections against unreasonable searches and seizures. In fact, SWAT teams battering down doors without search warrants and FBI agents acting as a secret police that investigate dissenting citizens are common occurrences in contemporary America. And bodily privacy and integrity have been utterly eviscerated by a prevailing view that Americans have no rights over what happens to their bodies during an encounter with government officials, who are allowed to search, seize, strip, scan, spy on, probe, pat down, taser, and arrest any individual at any time and for the slightest provocation.

“The creatures outside looked from pig to man, and from man to pig, and from pig to man again; but already it was impossible to say which was which.”―George Orwell, Animal Farm

We are increasingly ruled by multi-corporations wedded to the police state.

What many fail to realize is that the government is not operating alone. It cannot. The government requires an accomplice. Thus, the increasingly complex security needs of the massive federal government, especially in the areas of defense, surveillance and data management, have been met within the corporate sector, which has shown itself to be a powerful ally that both depends on and feeds the growth of governmental overreach.

In fact, Big Tech wedded to Big Government has become Big Brother, and we are now ruled by the Corporate Elite whose tentacles have spread worldwide. The government now has at its disposal technological arsenals so sophisticated and invasive as to render any constitutional protections null and void. Spearheaded by the NSA, which has shown itself to care little to nothing for constitutional limits or privacy, the “security/industrial complex”—a marriage of government, military and corporate interests aimed at keeping Americans under constant surveillance—has come to dominate the government and our lives.

Money, power, control. There is no shortage of motives fueling the convergence of mega-corporations and government. But who is paying the price? The American people, of course.

Orwell understood what many Americans are still struggling to come to terms with: that there is no such thing as a government organized for the good of the people. Even the best intentions among those in government inevitably give way to the desire to maintain power and control over the citizenry at all costs.

“The further a society drifts from truth the more it will hate those who speak it.” ― George Orwell

Even our ability to speak and think freely is being regulated.

In totalitarian regimes—a.k.a. police states—where conformity and compliance are enforced at the end of a loaded gun, the government dictates what words can and cannot be used. In countries where the police state hides behind a benevolent mask and disguises itself as tolerance, the citizens censor themselves, policing their words and thoughts to conform to the dictates of the mass mind.

Dystopian literature shows what happens when the populace is transformed into mindless automatons.

In Ray Bradbury’s Fahrenheit 451, reading is banned and books are burned in order to suppress dissenting ideas, while televised entertainment is used to anesthetize the populace and render them easily pacified, distracted and controlled.

In Huxley’s Brave New World, serious literature, scientific thinking and experimentation are banned as subversive, while critical thinking is discouraged through the use of conditioning, social taboos and inferior education. Likewise, expressions of individuality, independence and morality are viewed as vulgar and abnormal.

In my debut novel The Erik Blair Diaries, the dystopian future that George Orwell predicted for 1984 has finally arrived, 100 years late and ten times as brutal. In this post-apocalyptic world where everyone marches to the beat of the same drummer and words like “freedom” are taboo, Erik Blair—Orwell’s descendant and unwitting heir to his legacy—isn’t volunteering to be anyone’s hero. Unfortunately, life doesn’t always go according to plan. To save all that he loves, Orwell will have to travel between his future self and the past.

And in Orwell’s 1984, Big Brother does away with all undesirable and unnecessary words and meanings, even going so far as to routinely rewrite history and punish “thoughtcrimes.” Orwell’s Big Brother relies on Newspeak to eliminate undesirable words, strip such words as remained of unorthodox meanings and make independent, non-government-approved thought altogether unnecessary.

Where we stand now is at the juncture of OldSpeak (where words have meanings, and ideas can be dangerous) and Newspeak (where only that which is “safe” and “accepted” by the majority is permitted). The power elite has made their intentions clear: they will pursue and prosecute any and all words, thoughts and expressions that challenge their authority.

This is the final link in the police state chain.

“Until they became conscious they will never rebel, and until after they have rebelled they cannot become conscious.”—George Orwell

Having been reduced to a cowering citizenry—mute in the face of elected officials who refuse to represent us, helpless in the face of police brutality, powerless in the face of militarized tactics and technology that treat us like enemy combatants on a battlefield, and naked in the face of government surveillance that sees and hears all—we have nowhere left to go.

We have, so to speak, gone from being a nation where privacy is king to one where nothing is safe from the prying eyes of government.

“Big Brother is Watching You.”―George Orwell

Wherever you go and whatever you do, you are now being watched, especially if you leave behind an electronic footprint. When you use your cell phone, you leave a record of when the call was placed, who you called, how long it lasted and even where you were at the time. When you use your ATM card, you leave a record of where and when you used the card. There is even a video camera at most locations equipped with facial recognition software. When you use a cell phone or drive a car enabled with GPS, you can be tracked by satellite. Such information is shared with government agents, including local police. And all of this once-private information about your consumer habits, your whereabouts and your activities is now being fed to the government.

The government has nearly inexhaustible resources when it comes to tracking our movements, from electronic wiretapping devices, traffic cameras and biometrics to radio-frequency identification cards, satellites and Internet surveillance.

In such a climate, everyone is a suspect. And you’re guilty until you can prove yourself innocent. To underscore this shift in how the government now views its citizens, the FBI uses its wide-ranging authority to investigate individuals or groups, regardless of whether they are suspected of criminal activity. 

“Nothing was your own except the few cubic centimetres inside your skull.” ― George Orwell

Here’s what a lot of people fail to understand, however: it’s not just what you say or do that is being monitored, but how you think that is being tracked and targeted. We’ve already seen this play out on the state and federal level with hate crime legislation that cracks down on so-called “hateful” thoughts and expression, encourages self-censoring and reduces free debate on various subject matter. 

Say hello to the new Thought Police.

Total Internet surveillance by the Corporate State, as omnipresent as God, is used by the government to predict and, more importantly, control the populace, and it’s not as far-fetched as you might think. For example, the NSA has been working on an artificial intelligence system designed to anticipate your every move. Aquaint (the acronym stands for Advanced QUestion Answering for INTelligence) has been designed to detect patterns and predict behavior.

No information is sacred or spared.

Everything from cell phone recordings and logs, to emails, to text messages, to personal information posted on social networking sites, to credit card statements, to library circulation records, to credit card histories, etc., is collected by the NSA and shared freely with its agents in crime: the CIA, FBI and DHS.

What we are witnessing, in the so-called name of security and efficiency, is the creation of a new class system comprised of the watched (average Americans such as you and me) and the watchers (government bureaucrats, technicians and private corporations).

Clearly, the age of privacy in America is at an end.

So where does that leave us?

We now find ourselves in the unenviable position of being monitored, managed and controlled by our technology, which answers not to us but to our government and corporate rulers. This is the fact-is-stranger-than-fiction lesson that is being pounded into us on a daily basis.

It won’t be long before we find ourselves looking back on the past with longing, back to an age where we could speak to whom we wanted, buy what we wanted, think what we wanted without those thoughts, words and activities being tracked, processed and stored by corporate giants such as Google, sold to government agencies such as the NSA and CIA, and used against us by militarized police with their army of futuristic technologies.

To be an individual today, to not conform, to have even a shred of privacy, and to live beyond the reach of the government’s roaming eyes and technological spies, one must not only be a rebel but rebel.

Even when you rebel and take your stand, there is rarely a happy ending awaiting you. You are rendered an outlaw. Just look at what happened to Julian Assange.

So how do you survive in the American surveillance state?

We’re running out of options.

Whether you’re dealing with fact or fiction, as I make clear in Battlefield America: The War on the American People and in my new novel The Erik Blair Diaries, we’ll soon have to choose between self-indulgence (the bread-and-circus distractions offered up by the news media, politicians, sports conglomerates, entertainment industry, etc.) and self-preservation in the form of renewed vigilance about threats to our freedoms and active engagement in self-governance.

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

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

When you upload your DNA, you’re potentially becoming a genetic informant on the rest of your family.”— Law professor Elizabeth Joh

“Guilt by association” has taken on new connotations in the technological age.

All of those fascinating, genealogical searches that allow you to trace your family tree by way of a DNA sample can now be used against you and those you love.

As of 2019, more than 26 million people had added their DNA to ancestry databases. It’s estimated those databases could top 100 million profiles within the year, thanks to the aggressive marketing of companies such as Ancestry and 23andMe.

It’s a tempting proposition: provide some mega-corporation with a spit sample or a cheek swab, and in return, you get to learn everything about who you are, where you came from, and who is part of your extended your family.

The possibilities are endless.

You could be the fourth cousin once removed of Queen Elizabeth II of England. Or the illegitimate grandchild of an oil tycoon. Or the sibling of a serial killer.

Without even realizing it, by submitting your DNA to an ancestry database, you’re giving the police access to the genetic makeup, relationships and health profiles of every relative—past, present and future—in your family, whether or not they ever agreed to be part of such a database.

After all, a DNA print reveals everything about “who we are, where we come from, and who we will be.”

It’s what police like to refer to a “modern fingerprint.”

Whereas fingerprint technology created a watershed moment for police in their ability to “crack” a case, DNA technology is now being hailed by law enforcement agencies as the magic bullet in crime solving.

Indeed, police have begun using ancestry databases to solve cold cases that have remained unsolved for decades.

For instance, in 2018, former police officer Joseph DeAngelo was flagged as the notorious “Golden State Killer” through the use of genetic genealogy, which allows police to match up an unknown suspect’s crime scene DNA with that of any family members in a genealogy database. Police were able to identify DeAngelo using the DNA of a distant cousin found in a public DNA database. Once police narrowed the suspect list to DeAngelo, they tracked him—snatched up a tissue he had tossed in a trash can—and used his DNA on the tissue to connect him to a rash of rapes and murders from the 1970s and ‘80s.

Although DeAngelo was the first public arrest made using forensic genealogy, police have identified more than 150 suspects since then. Most recently, police relied on genetic genealogy to nab the killer of a 15-year-old girl who was stabbed to death nearly 50 years ago.

Who wouldn’t want to get psychopaths and serial rapists off the streets and safely behind bars, right? At least, that’s the argument being used by law enforcement to support their unrestricted access to these genealogy databases.

“In the interest of public safety, don’t you want to make it easy for people to be caught? Police really want to do their job. They’re not after you. They just want to make you safe,” insists Colleen Fitzpatrick, a co-founder of the DNA Doe Project, which identifies unknown bodies and helps find suspects in old crimes.

Except it’s not just psychopaths and serial rapists who get caught up in the investigative dragnet.

Anyone who comes up as a possible DNA match—including distant family members—suddenly becomes part of a circle of suspects that must be tracked, investigated and ruled out.

Although a number of states had forbidden police from using government databases to track family members of suspects, the genealogy websites provided a loophole that proved irresistible to law enforcement.

Hoping to close that loophole, a few states have started introducing legislation to restrict when and how police use these genealogical databases, with Maryland requiring that they can only be used for serious violent crimes such as murder and rape, only after they exhaust other investigatory methods, and only under the supervision of a judge.

Yet the debate over genetic privacy—and when one’s DNA becomes a public commodity outside the protection of the Fourth Amendment’s prohibition on warrantless searches and seizures—is really only beginning.

Certainly, it’s just a matter of time before the government gets hold of our DNA, either through mandatory programs carried out in connection with law enforcement and corporate America, by warrantlessly accessing our familial DNA shared with genealogical services such as Ancestry and 23andMe, or through the collection of our “shed” or “touch” DNA.

According to research published in the journal Science, more than 60 percent of Americans who have some European ancestry can be identified using DNA databases, even if they have not submitted their own DNA. According to law professor Natalie Ram, one genealogy profile can lead to as many as 300 other people.

That’s just on the commercial side.

All 50 states now maintain their own DNA databases, although the protocols for collection differ from state to state. Increasingly, many of the data from local databanks are being uploaded to CODIS (Combined DNA Index System), the FBI’s massive DNA database, which has become a de facto way to identify and track the American people from birth to death.

Even hospitals have gotten in on the game by taking and storing newborn babies’ DNA, often without their parents’ knowledge or consent. It’s part of the government’s mandatory genetic screening of newborns. In many states, the DNA is stored indefinitely.

What this means for those being born today is inclusion in a government database that contains intimate information about who they are, their ancestry, and what awaits them in the future, including their inclinations to be followers, leaders or troublemakers.

Get ready, folks, because the government— helped along by Congress (which adopted legislation allowing police to collect and test DNA immediately following arrests), President Trump (who signed the Rapid DNA Act into law), the courts (which have ruled that police can routinely take DNA samples from people who are arrested but not yet convicted of a crime), and local police agencies (which are chomping at the bit to acquire this new crime-fighting gadget)—has embarked on a diabolical campaign to create a nation of suspects predicated on a massive national DNA database.

Referred to as “magic boxes,” Rapid DNA machines—portable, about the size of a desktop printer, highly unregulated, far from fool-proof, and so fast that they can produce DNA profiles in less than two hours—allow police to go on fishing expeditions for any hint of possible misconduct using DNA samples.

Journalist Heather Murphy explains: “As police agencies build out their local DNA databases, they are collecting DNA not only from people who have been charged with major crimes but also, increasingly, from people who are merely deemed suspicious, permanently linking their genetic identities to criminal databases.”

The ramifications of these DNA databases are far-reaching.

At a minimum, they will do away with any semblance of privacy or anonymity. The lucrative possibilities for hackers and commercial entities looking to profit off one’s biological record are endless.

Moreover, while much of the public debate, legislative efforts and legal challenges in recent years have focused on the protocols surrounding when police can legally collect a suspect’s DNA (with or without a search warrant and whether upon arrest or conviction), the question of how to handle “shed” or “touch” DNA has largely slipped through without much debate or opposition.

As scientist Leslie A. Pray notes:

We all shed DNA, leaving traces of our identity practically everywhere we go. Forensic scientists use DNA left behind on cigarette butts, phones, handles, keyboards, cups, and numerous other objects, not to mention the genetic content found in drops of bodily fluid, like blood and semen. In fact, the garbage you leave for curbside pickup is a potential gold mine of this sort of material. All of this shed or so-called abandoned DNA is free for the taking by local police investigators hoping to crack unsolvable cases. Or, if the future scenario depicted at the beginning of this article is any indication, shed DNA is also free for inclusion in a secret universal DNA databank.

What this means is that if you have the misfortune to leave your DNA traces anywhere a crime has been committed, you’ve already got a file somewhere in some state or federal database—albeit it may be a file without a name. As Heather Murphy warns in the New York Times: “The science-fiction future, in which police can swiftly identify robbers and murderers from discarded soda cans and cigarette butts, has arrived…  Genetic fingerprinting is set to become as routine as the old-fashioned kind.

Even old samples taken from crime scenes and “cold” cases are being unearthed and mined for their DNA profiles.

Today, helped along by robotics and automation, DNA processing, analysis and reporting takes far less time and can bring forth all manner of information, right down to a person’s eye color and relatives. Incredibly, one company specializes in creating “mug shots” for police based on DNA samples from unknown “suspects” which are then compared to individuals with similar genetic profiles.

If you haven’t yet connected the dots, let me point the way.

Having already used surveillance technology to render the entire American populace potential suspects, DNA technology in the hands of government will complete our transition to a suspect society in which we are all merely waiting to be matched up with a crime.

No longer can we consider ourselves innocent until proven guilty.

Now we are all suspects in a DNA lineup until circumstances and science say otherwise.

Suspect Society, meet the American police state.

Every dystopian sci-fi film we’ve ever seen is suddenly converging into this present moment in a dangerous trifecta between science, technology and a government that wants to be all-seeing, all-knowing and all-powerful.

By tapping into your phone lines and cell phone communications, the government knows what you say. By uploading all of your emails, opening your mail, and reading your Facebook posts and text messages, the government knows what you write. By monitoring your movements with the use of license plate readers, surveillance cameras and other tracking devices, the government knows where you go.

By churning through all of the detritus of your life—what you read, where you go, what you say—the government can predict what you will do. By mapping the synapses in your brain, scientists—and in turn, the government—will soon know what you remember.

And by accessing your DNA, the government will soon know everything else about you that they don’t already know: your family chart, your ancestry, what you look like, your health history, your inclination to follow orders or chart your own course, etc.

Of course, none of these technologies are foolproof.

Nor are they immune from tampering, hacking or user bias.

Nevertheless, they have become a convenient tool in the hands of government agents to render null and void the Constitution’s requirements of privacy and its prohibitions against unreasonable searches and seizures.

What this amounts to is a scenario in which we have little to no defense of against charges of wrongdoing, especially when “convicted” by technology, and even less protection against the government sweeping up our DNA in much the same way it sweeps up our phone calls, emails and text messages.

With the entire governmental system shifting into a pre-crime mode aimed at detecting and pursuing those who “might” commit a crime before they have an inkling, let alone an opportunity, to do so, it’s not so far-fetched to imagine a scenario in which government agents (FBI, local police, etc.) target potential criminals based on their genetic disposition to be a “troublemaker” or their relationship to past dissenters.

Equally disconcerting: if scientists can, using DNA, track salmon across hundreds of square miles of streams and rivers, how easy will it be for government agents to not only know everywhere we’ve been and how long we were at each place but collect our easily shed DNA and add it to the government’s already burgeoning database?

Not to be overlooked, DNA evidence is not infallible: it can be wrong, either through human error, tampering, or even outright fabrication, and it happens more often than we are told. The danger, warns scientist Dan Frumkin, is that crime scenes can be engineered with fabricated DNA.

Now if you happen to be the kind of person who trusts the government implicitly and refuses to believe it would ever do anything illegal or immoral, then the prospect of government officials—police, especially—using fake DNA samples to influence the outcome of a case might seem outlandish.

Yet as history shows, the probability of our government acting in a way that is not only illegal but immoral becomes less a question of “if” and more a question of “when.”

With technology, the courts, the corporations and Congress conspiring to invade our privacy on a cellular level, suddenly the landscape becomes that much more dystopian.

As I make clear in my book Battlefield America: The War on the American People, this is the slippery slope toward a dystopian world in which there is nowhere to run and nowhere to hide.

Source: https://www.rutherford.org/publications_resources/john_whiteheads_commentary/guilt_by_association_dna_databases_forensic_genealogy_and_genetic_privacy

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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