Posts Tagged ‘militarized police’

“They came again this morning at about 8:00 o’clock. A large cargo-type helicopter flew low over the cabin, shaking it on its very foundations. It shook all of us inside, too. I feel frightened … I see how helpless and tormented I am becoming with disgust and disillusionment with the government which has turned this beautiful country into a police state … I feel like I am in the middle of a war zone.”—Journal entry from a California resident describing the government’s aerial searches for marijuana plants

Backyard gardeners, beware: tomato plants have become collateral damage in the government’s war on drugs, especially marijuana.

In fact, merely growing a vegetable garden on your own property, or in a greenhouse on your property, or shopping at a gardening store for gardening supplies—incredibly enough—could set you up for a drug raid sanctioned by the courts.

It’s happened before.

After shopping for hydroponic tomatoes at their local gardening store, a Kansas family found themselves subjected to a SWAT team raid as part of a multi-state, annual campaign dubbed “Operation Constant Gardener,” in which police collected the license plates of hundreds of customers at the gardening store and then investigated them for possible marijuana possession.

By “investigated,” I mean that police searched through the family’s trash. (You can thank the Supreme Court and their 1978 ruling in California v. Greenwood for allowing police to invade your trash can.) Finding “wet glob vegetation” in the garbage, the cops somehow managed to convince themselves—and a judge—that it was marijuana.

In fact, it was loose-leaf tea, but those pesky details don’t usually bother the cops when they’re conducting field tests.

Indeed, field tests routinely read positive for illegal drugs even when no drugs are present. According to investigative journalist Radley Balko, “it’s almost as if these tests come up positive whenever the police need them to. A partial list of substances that the tests have mistaken for illegal drugs would include sage, chocolate chip cookies, motor oil, spearmint, soap, tortilla dough, deodorant, billiard’s chalk, patchouli, flour, eucalyptus, breath mints, Jolly Ranchers and vitamins.”

There’s a long list of innocent ingredients that could be mistaken for drugs and get you subjected to a raid, because that’s all it takes—just the barest whiff of a suspicion by police that you might be engaged in criminal activity—to start the ball rolling.

From there, these so-called “investigations” follow the usual script: judge issues a warrant for a SWAT raid based on botched data, cops raid the home and terrorize the family at gunpoint, cops find no drugs, family sues over a violation of their Fourth Amendment rights, and then the courts protect the cops and their botched raid on the basis of qualified immunity.

It happens all the time.

As Balko reports, “Police have broken down doors, screamed obscenities, and held innocent people at gunpoint only to discover that what they thought were marijuana plants were really sunflowers, hibiscus, ragweed, tomatoes, or elderberry bushes. (It’s happened with all five.)”

Surely, you might think, the government has enough on its hands right now—policing a novel coronavirus pandemic, instituting nationwide lockdowns, quelling civil unrests over police brutality—that it doesn’t need to waste time and resources ferreting out pot farmers.

You’d be wrong.

This is a government that excels at make-work projects in which it assigns at-times unnecessary jobs to government agents to keep them busy or employed.

In this case, however, the make-work principle (translation: making work to keep the police state busy at taxpayer expense) is being used to justify sending police and expensive military helicopters likely equipped with sophisticated surveillance and thermal imaging devices on exploratory sorties every summer—again at taxpayer expense—in order to uncover illegal marijuana growing operations.

Often, however, what these air and ground searches end up targeting are backyard gardeners growing tomato plants.

Just recently, in fact, eyewitnesses in Virginia reported low-flying black helicopters buzzing over rural and suburban neighborhoods as part of a multi-agency operation to search for marijuana growers. Oftentimes these joint operations involve local police, state police and the Army National Guard.

One woman reported having her “tomato plants complimented by the 7 cops that pulled up in my yard in unmarked SUVs, after a helicopter hovered over our house for 20 minutes this morning.” Another man reported a similar experience from a few years ago when police “showed up in unmarked SUV’s with guns pulled. Then the cops on the ground argued with the helicopter because the heat signature in the ‘copter didn’t match what was growing.”

Back in 2013, an aerial surveillance mission spotted what police thought might be marijuana plants. Two days later, dozens of city officials, SWAT team, police officers and code compliance employees, and numerous official vehicles including dozens of police cars and several specialized vehicular equipment, including helicopters and unmanned flying drones, descended on The Garden of Eden, a 3.5-acre farm in Arlington, Texas, for a 10-hour raid in search of marijuana that turned up nothing more than tomato, blackberry and okra plants.

These aerial and ground sweeps have become regular occurrences across the country, part of the government’s multi-million dollar Domestic Cannabis Eradication Program. Local cops refer to the annual military maneuvers as “Eradication Day.”

Started in 1979 as a way to fund local efforts to crack down on marijuana growers in California and Hawaii, the Eradication Program went national in 1985, right around the time the Reagan Administration enabled the armed forces to get more involved in the domestic “war on drugs.”

Writing for The Washington Post, Radley Balko describes how these raids started off, with the National Guard, spy planes and helicopters:

The project was called the Campaign Against Marijuana Production, or CAMP… In all, thirteen California counties were invaded by choppers, some of them blaring Wagner’s “Ride of the Valkyries” as they dropped Guardsmen and law enforcement officers armed with automatic weapons, sandviks, and machetes into the fields of California … In CAMP’s first year, the program conducted 524 raids, arrested 128 people, and seized about 65,000 marijuana plants. Operating costs ran at a little over $1.5 million. The next year, 24 more sheriffs signed up for the program, for a total of 37. CAMP conducted 398 raids, seized nearly 160,000 plants, and made 218 arrests at a cost to taxpayers of $2.3 million.

The area’s larger growers had been put out of business (or, probably more accurately, had set up shop somewhere else), so by the start of the second campaign in 1984, CAMP officials were already targeting increasingly smaller growers. By the end of that 1984 campaign, the helicopters had to fly at lower and lower altitudes to spot smaller batches of plants. The noise, wind, and vibration from the choppers could knock out windows, kick up dust clouds, and scare livestock. The officials running the operation made no bones about the paramilitary tactics they were using. They considered the areas they were raiding to be war zones. In the interest of “officer safety,” they gave themselves permission to search any structures relatively close to a marijuana supply, without a warrant. Anyone coming anywhere near a raid operation was subject to detainment, usually at gunpoint.

Right around the same time, in the mid-1980s, the federal government started handing out grants to local police departments to assist with their local boots-on-the-ground “war on drugs.” These grants (through the Byrne Grant program and COPS program, both of which started to be phased out under George W. Bush, only to be re-upped by Barack Obama) could be used to pay for additional police personnel, equipment, training, technical assistance and information systems. However, studies show that while these federal grants did not improve police effectiveness or drug deterrence, they did incentivize SWAT team raids.

But how do you go from a “war on drugs” to SWAT-style raids on vegetable gardens?

Connect the dots, starting with the government’s war on marijuana, the emergence of SWAT teams, the militarization of local police forces through the federal 1033 Program, which allows the Pentagon to transfer “vast amounts of military equipment—machine guns and ammunition, helicopters, night-vision gear, armored cars—to local police departments,” and the transformation of American communities into battlefields: as always, it comes back to the make work principle, which starts with local police finding ways to justify the use of military equipment and federal funding.

Each year, the government spends between $14 and $18 million funding helicopter sweeps and police overtime to help the states track down illegal marijuana plants. These sweeps are even being carried out in states where it’s now legal to grow marijuana.

The sweeps work like this: Local police, working with multiple state agencies including the National Guard, carry out ground and air searches of different sectors. Air spotters flying overhead in helicopters relay their findings to police on the ground, who then carry out a search-and-destroy mission.

Mark my words: the use of police drones will make these kinds of aerial missions even more common.

For the most part, aerial surveillance is legal. As Arthur Holland Michel writes for The Atlantic: “When it comes to law enforcement, police are likewise free to use aerial surveillance without a warrant or special permission. Under current privacy law, these operations are just as legal as policing practices whereby an officer spots unlawful activity while walking or driving through a neighborhood.”

There have been a few notable exceptions.

In 2015, the New Mexico Supreme Court ruled that surveillance from a low-flying helicopter conducting an aerial search for marijuana by state police and the national guard was illegal under the U.S. Constitution. The court reasoned that “when low-flying aerial activity leads to more than just observation and actually causes an unreasonable intrusion on the ground—most commonly from an unreasonable amount of wind, dust, broken objects, noise, and sheer panic—then at some point courts are c and require a warrant before law enforcement engages in such activity. The Fourth Amendment and its prohibition against unreasonable searches and seizures demands no less.”

In Philip Cobbs’ case, helicopter spotters claimed to have seen two lone marijuana plants growing in the wreckage of a fallen oak tree on the Virginia native’s 39-acre family farm.

Cobbs noticed the black helicopter circling overhead while spraying the blueberry bushes near his house. After watching the helicopter for several moments, Cobbs went inside to check on his blind, deaf 90-year-old mother. By the time he returned outside, several unmarked police SUVs had driven onto his property, and police (ten in all) in flak jackets, carrying semi-automatic weapons and shouting unintelligibly, had exited the vehicles and were moving toward him.

Of course, it was never about the two pot plants.

What the cops were really after was an excuse to search Cobbs’ little greenhouse, which he had used that spring to start tomato plants, cantaloupes, and watermelons, as well as asters and hollyhocks, which he planned to sell at a roadside stand near his home. The search of the greenhouse turned up nothing more than used tomato seedling containers.

Nevertheless, police charged Cobbs with misdemeanor possession of marijuana for the two plants they claimed to have found. Eventually, the charges were dismissed but not before The Rutherford Institute took up Cobbs’ case, which revealed that police hadn’t even bothered to secure a warrant before embarking on their raid of Cobbs’ property—a raid that had to cost taxpayers upwards of $25,000, at the very least—part of their routine sweep of the countryside in search of pot-growing operations.

Two plants or two hundred or no plants at all: it doesn’t matter.

A SWAT team targeted one South Carolina man for selling $50 worth of pot on two different occasions. The Washington Post reports: The SWAT team “broke down Betton’s door with a battering ram, then fired at least 57 bullets at him, hitting him nine times. He lost portions of his gallbladder, colon, bowel and rectum, and is paralyzed from the waist down. He also suffered damage to his liver, lung, small intestine and pancreas. Two of his vertebrae were damaged, and another was partially destroyed. Another bullet shattered his leg.” After security footage showed that most of what police said about the raid was a lie, the cops settled the case for $2.75 million.

Monetary awards like that are the exception, however.

Most of the time, the cops get away with murder and mayhem. Literally.

Bottom line: no amount of marijuana is too insignificant if it allows police to qualify for federal grants and equipment and lay claim to seized assets (there’s the profit motive) under the guise of fighting the War on Drugs.

SWAT teams carry out more than 80,000 no-knock raids every year. The vast majority of these raids are to serve routine drug warrants, many times for crimes no more serious than possession of marijuana.

Although growing numbers of states continue to decriminalize marijuana use and 9 out of 10 Americans favor the legalization of either medical or recreational/adult-use marijuana, the government’s profit-driven “War on Drugs”—waged with state and local police officers dressed in SWAT gear, armed to the hilt, and trained to act like soldiers on a battlefield, all thanks to funding provided by the U.S. government, particularly the Pentagon and Department of Homeland Security (DHS)—has not abated.

Since the formation of the DHS post-9/11, hundreds of billions of dollars in grants have flowed to local police departments for SWAT teams, giving rise to a “police industrial complex” that routinely devastates communities, terrorizes families, and destroys innocent lives.

No longer reserved exclusively for deadly situations, SWAT teams are now increasingly being deployed for relatively routine police matters, with some SWAT teams being sent out as much as five times a day. Nationwide, SWAT teams have been employed to address an astonishingly trivial array of criminal activity or mere community nuisances: angry dogs, domestic disputes, improper paperwork filed by an orchid farmer, and misdemeanor marijuana possession, to give a brief sampling.

Unfortunately, general incompetence, collateral damage (fatalities, property damage, etc.) and botched raids tend to go hand in hand with an overuse of paramilitary forces.

In some cases, officers misread the address on the warrant. In others, they simply barge into the wrong house or even the wrong building. In another subset of cases, police conduct a search of a building where the suspect no longer resides.

SWAT teams have even on occasion conducted multiple, sequential raids on wrong addresses or executed search warrants despite the fact that the suspect is already in police custody. Police have also raided homes on the basis of mistaking the presence or scent of legal substances for drugs. Incredibly, these substances have included tomatoes, sunflowers, fish, elderberry bushes, kenaf plants, hibiscus, and ragweed.

All too often, the shock-and-awe tactics utilized by many SWAT teams only increases the likelihood that someone will get hurt with little consequences for law enforcement, even when the raids are botched.

Botched SWAT team raids have resulted in the loss of countless lives, including children and the elderly. Usually, however, the first to be shot are the family dogs.

SWAT raids are usually carried out late at night or shortly before dawn. Unfortunately, to the unsuspecting homeowner—especially in cases involving mistaken identities or wrong addresses—a raid can appear to be nothing less than a violent home invasion, with armed intruders crashing through their door.

That’s exactly what happened to Jose Guerena, the young ex-Marine who was killed after a SWAT team kicked open the door of his Arizona home during a drug raid and opened fire. According to news reports, Guerena, 26 years old and the father of two young children, grabbed a gun in response to the forced invasion but never fired. In fact, the safety was still on his gun when he was killed. Police officers were not as restrained. The young Iraqi war veteran was allegedly fired upon 71 times. Guerena had no prior criminal record, and the police found nothing illegal in his home.

The problems inherent in these situations are further compounded by the fact that SWAT teams are granted “no-knock” warrants at high rates such that the warrants themselves are rendered practically meaningless.

This sorry state of affairs is made even worse by U.S. Supreme Court rulings that have essentially done away with the need for a “no-knock” warrant altogether, giving the police authority to disregard the protections afforded American citizens by the Fourth Amendment.

Clearly, as I make clear in my book Battlefield America: The War on the American Peoplesomething must be done.

When the war on drugs—a.k.a. the war on the American people—becomes little more than a thinly veiled attempt to keep SWAT teams employed and special interests appeased, it’s time to revisit our drug policies and laws.

“You take the Constitution, the Bill of Rights, all the rights you expect to have—when they come in like that, the only right you have is not to get shot if you cooperate. They open that door, your life is on the line,” concluded Bob Harte, whose home was raided by a SWAT team simply because the family was seen shopping at a garden store, cops found loose tea in the family’s trash and mistook it for marijuana.

Our family will never be the same,” said Addie Harte, recalling the two-hour raid that had police invading their suburban home with a battering ram and AR-15 rifles. As The Washington Post reports:

Bob found himself flat on floor, hands behind his head, his eyes locked on the boots of the officer standing over him with an AR-15 assault rifle. “Are there kids?” the officers were yelling. “Where are the kids?” “And I’m laying there staring at this guy’s boots fearing for my kids’ lives, trying to tell them where my children are,” Harte recalled later in a deposition on July 9, 2015. “They are sending these guys with their guns drawn running upstairs to bust into my children’s house, bedroom, wake them out of bed.”

It didn’t matter that no drugs were found—nothing but a hydroponic tomato garden and loose tea leaves. The search and SWAT raid were reasonable, according to the courts.

There’s a lesson here for the rest of us. As Bob Harte concluded: “If this can happen to us, everybody in the country needs to be afraid.”

Source: https://bit.ly/3aSa8oE

ABOUT JOHN W. WHITEHEAD

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

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“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

Just when you thought the government couldn’t get any more tone-deaf about civil liberties and the growing need to protect “we the people” against an overreaching, overbearing police state, the Trump Administration ushers in even more strident zero tolerance policies that treat children like suspects and criminals, greater numbers of school cops, and all the trappings of a prison complex (unsurmountable fences, entrapment areas, no windows or trees, etc.).

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.

For example, in Florida, a cop assigned to River Ridge High School as a school resource officer, threatened to shoot a student attempting to leave school for a morning orthodontist appointment.

In Pennsylvania, school officials called in the cops after a 6-year-old with Down syndrome pointed a finger gun at her teacher.

In Kentucky, a school resource officer with the sheriff’s office handcuffed two elementary school children with disabilities, ages 8 and 9. A federal judge made the sheriff’s office pay more than $300,000 (of taxpayer money) to the families, ruling that the handcuffing of  the students “was an unconstitutional seizure and excessive force.”

Welcome to Compliance 101: the police state’s primer in how to churn out compliant citizens and transform the nation’s school’s into quasi-prisons through the use of surveillance cameras, metal detectors, police patrols, zero tolerance policies, lock downs, drug sniffing dogs, strip searches and active shooter drills.

If you were wondering, these police state tactics have not made the schools any safer.

Rather, they’ve turned the schools into authoritarian microcosms of the police state, containing almost every aspect of the militarized, intolerant, senseless, overcriminalized, legalistic, surveillance-riddled, totalitarian landscape that plagues those of us on the “outside.”

Two years after President Trump announced his intention to “harden” the schools, our nation’s children are reaping the ill effects of gun-toting, taser-wielding cops in government-run schools that bear an uncomfortable resemblance to prisons.

America’s schools are about as authoritarian as they come.

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.

In my day, if you talked back to a teacher, or played a prank on a classmate, or just failed to do your homework, you might find yourself in detention or doing an extra writing assignment after school.

That is no longer the case.

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, even fingers positioned like guns) can also land a student in hot water.

Even good deeds do not 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 if the Trump Administration gets its way.

Increasing the number of cops in the schools only adds to the problem.

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.

If these exercises are intended to instill fear and compliance into young people, they’re working.

As journalist Dahlia Lithwick points out: “I don’t recall any serious national public dialogue about lockdown protocols or how they became the norm. It seems simply to have begun, modeling itself on the lockdowns that occur during prison riots, and then spread until school lockdowns and lockdown drills are as common for our children as fire drills, and as routine as duck-and-cover drills were in the 1950s.”

The toll such incidents take on adults can be life-altering, but when such police brutality is perpetrated on young people, the end result is nothing less than complete indoctrination into becoming compliant citizens of a totalitarian state.

Schools acting like prisons.

School officials acting like wardens.

Students treated like inmates and punished like hardened criminals.

This is the end product of all those so-called school “safety” policies, which run the gamut from zero tolerance policies that punish all infractions harshly to surveillance cameras, metal detectors, random searches, drug-sniffing dogs, school-wide lockdowns, active-shooter drills and militarized police officers.

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 Sandy Hook.

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.

In their zeal to crack down on guns and lock down the schools, these cheerleaders for police state tactics in the schools might also fail to mention the lucrative, multi-million dollar deals being cut with military contractors such as Taser International to equip these school cops with tasers, tanks, rifles and $100,000 shooting detection systems.

Indeed, the transformation of hometown police departments into extensions of the military has been mirrored in the public schools, where school police have been gifted with high-powered M16 rifles, MRAP armored vehicles, grenade launchers, and other military gear. One Texas school district even boasts its own 12-member SWAT team.

According to one law review article on the school-to-prison pipeline, “Many school districts have formed their own police departments, some so large they rival the forces of major United States cities in size. For example, the safety division in New York City’s public schools is so large that if it were a local police department, it would be the fifth-largest police force in the country.”

The ramifications are far-reaching.

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?

Peter Gray, a professor of psychology at Boston College, believes that school is a prison that is damaging our kids, and it’s hard to disagree, especially with the numbers of police officers being assigned to schools on the rise.

Students, in turn, are not only finding themselves subjected to police tactics such as handcuffs, leg shackles, tasers and excessive force for “acting up” but are also being ticketed, fined and sent to court for behavior perceived as defiant, disruptive or disorderly such as spraying perfume and writing on a desk.

Clearly, the pathology that characterizes the American police state has passed down to the schools.

Now in addition to the government and its agents viewing the citizenry as suspects to be probed, poked, pinched, tasered, searched, seized, stripped and generally manhandled, all with the general blessing of the courts, our children in the public schools are also fair game for school resource officers who taser teenagers and handcuff kindergartners, school officials who have criminalized childhood behavior, school lockdowns and terror drills that teach your children to fear and comply, and a police state mindset that has transformed the schools into quasi-prisons.

Don’t even get me started on the “school-to-prison pipeline,” the phenomenon in which children who are suspended or expelled from school have a greater likelihood of ending up in jail. One study found that “being suspended or expelled made a student nearly three times more likely to come into contact with the juvenile justice system within the next year.”

By the time the average young person in America finishes their public school education, nearly one out of every three of them will have been arrested. Nearly 40 percent of those young people who are arrested will serve time in a private prison, where the emphasis is on making profits for large megacorporations above all else.

Indeed, this profit-driven system of incarceration has also given rise to a growth in juvenile prisons and financial incentives for jailing young people. In this way, young people have become easy targets for the private prison industry, which profits from criminalizing childish behavior and jailing young people.

None of these tactics are making our communities or schools any safer, and they’re certainly not contributing to environments in which learning flourishes. Incredibly, despite the fact that the U.S. invests more money in public education (roughly $13,000 per child per year) than many other developed countries, we rank around the middle of the pack in science, math and reading, and behind many other advanced industrial nations.

Without a doubt, change is needed, but that will mean taking on the teachers’ unions, the school unions, the educators’ associations, and the police unions, not to mention the politicians dependent on their votes and all of the corporations that profit mightily from an industrial school complex.

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.

Source: https://www.rutherford.org/publications_resources/john_whiteheads_commentary/compliance_101_gun_toting_cops_endanger_students_and_turn_the_schools_into_prisons

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

 

Mommy, am I gonna die?”— 4-year-old Ava Ellis after being inadvertently shot in the leg by a police officer who was aiming for the girl’s boxer-terrier dog, Patches

“‘Am I going to get shot again.’”—2-year-old survivor of a police shooting that left his three siblings, ages 1, 4 and 5, with a bullet in the brain, a fractured skull and gun wounds to the face

Children learn what they live.

As family counselor Dorothy Law Nolte wisely observed, “If children live with criticism, they learn to condemn. If children live with hostility, they learn to fight. If children live with fear, they learn to be apprehensive.”

And if children live with terror, trauma and violence—forced to watch helplessly as their loved ones are executed by police officers who shoot first and ask questions later—will they in turn learn to terrorize, traumatize and inflict violence on the world around them?

I’m not willing to risk it. Are you?

It’s difficult enough raising a child in a world ravaged by war, disease, poverty and hate, but when you add the toxic stress of the police state into the mix, it becomes near impossible to protect children from the growing unease that some of the monsters of our age come dressed in government uniforms.

Case in point: in Hugo, Oklahoma, plain clothes police officers opened fire on a pickup truck parked in front of a food bank, heedless of the damage such a hail of bullets—26 shots were fired—could have on those in the vicinity. Three of the four children inside the parked vehicle were shot: a 4-year-old girl was shot in the head and ended up with a bullet in the brain; a 5-year-old boy received a skull fracture; and a 1-year-old girl had deep cuts on her face from gunfire or shattered window glass. Only the 2-year-old was spared any physical harm, although the terror will likely linger for a long time. “They are terrified to go anywhere or hear anything,” the family attorney said. “The two-year-old keeps asking about ‘Am I going to get shot again.’”

The reason for the use of such excessive force?

Police were searching for a suspect in a weeks-old robbery of a pizza parlor that netted $400.

While the two officers involved in the shooting are pulling paid leave at taxpayer expense, the children’s mother is struggling to figure out how to care for her wounded family and pay the medical expenses, including the cost to transport each child in a separate medical helicopter to a nearby hospital: $75,000 for one child’s transport alone.

This may be the worst use of excessive force on innocent children to date. Unfortunately, it is one of many in a steady stream of cases that speak to the need for police to de-escalate their tactics and stop resorting to excessive force when less lethal means are available to them.

For instance, in Cleveland, police shot and killed 12-year-old Tamir Rice who was seen playing on a playground with a pellet gun. Surveillance footage shows police shooting the boy two seconds after getting out of a moving patrol car. Incredibly, the shooting was deemed “reasonable” and “justified” by two law enforcement experts who concluded that the police use of force “did not violate Tamir’s constitutional rights.”

In Detroit, 7-year-old Aiyana Jones was killed after a Detroit SWAT team launched a flash-bang grenade into her family’s apartment, broke through the door and opened fire, hitting the little girl who was asleep on the living room couch. The cops were in the wrong apartment.

In Georgia, a SWAT team launched a flash-bang grenade into the house in which Baby Bou Bou, his three sisters and his parents were staying. The grenade landed in the 2-year-old’s crib, burning a hole in his chest and leaving the child with scarring that a lifetime of surgeries will not be able to easily undo.

Also in Georgia, 10-year-old Dakota Corbitt was shot by a police officer who aimed for an inquisitive dog, missed, and hit the young boy instead.

In Ohio, police shot 4-year-old Ava Ellis in the leg, shattering the bone, after being dispatched to assist the girl’s mother, who had cut her arm and was in need of a paramedic. Cops claimed that the family pet charged the officer who was approaching the house, causing him to fire his gun and accidentally hit the little girl.

In California, 13-year-old Andy Lopez Cruz was shot 7 times in 10 seconds by a police officer who mistook the boy’s toy gun for an assault rifle. Christopher Roupe, 17, was shot and killed after opening the door to a police officer. The officer, mistaking the remote control in Roupe’s hand for a gun, shot him in the chest.

These children are more than grim statistics on a police blotter. They are the heartbreaking casualties of the government’s endless, deadly wars on terror, on drugs, and on the American people themselves.

Then you have the growing number of incidents involving children who are forced to watch helplessly as trigger-happy police open fire on loved ones and community members alike.

In Texas, an 8-year-old boy watched as police—dispatched to do a welfare check on a home with its windows open—shot and killed his aunt through her bedroom window while she was playing video games with him.

In Minnesota, a 4-year-old girl watched from the backseat of a car as cops shot and killed her mother’s boyfriend, Philando Castile, a school cafeteria supervisor, during a routine traffic stop merely because Castile disclosed that he had a gun in his possession, for which he had a lawful conceal-and-carry permit. That’s all it took for police to shoot Castile four times as he was reaching for his license and registration.

In Arizona, a 7-year-old girl watched panic-stricken as a state trooper pointed his gun at her and her father during a traffic stop and reportedly threated to shoot her father in the back (twice) based on the mistaken belief that they were driving a stolen rental car.

In Oklahoma, a 5-year-old boy watched as a police officer used a high-powered rifle to shoot his dog Opie multiple times in his family’s backyard while other children were also present. The police officer was mistakenly attempting to deliver a warrant on a 10-year-old case for someone who hadn’t lived at that address in a decade.

A Minnesota SWAT team actually burst into one family’s house, shot the family’s dog, handcuffed the children and forced them to “sit next to the carcass of their dead and bloody pet for more than an hour.” They later claimed it was the wrong house.

More than 80% of American communities have their own SWAT teams, with 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 some small amount of drugs.

A child doesn’t even have to be directly exposed to a police shooting to learn the police state’s lessons in compliance and terror, which are being meted out with every SWAT team raid, roadside strip search, and school drill.

Indeed, 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).

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).

Cops have even gone so far as to fire blanks during school active shooter drills around the country. Teachers at one elementary school in Indiana were actually shot “execution style” with plastic pellets. Students at a high school in Florida were so terrified after administrators tricked them into believing that a shooter drill was, in fact, an actual attack that some of them began texting their parents “goodbye.”

Better safe than sorry is the rationale offered to those who worry that these drills are terrorizing and traumatizing young children. As journalist Dahlia Lithwick points out: “I don’t recall any serious national public dialogue about lockdown protocols or how they became the norm. It seems simply to have begun, modeling itself on the lockdowns that occur during prison riots, and then spread until school lockdowns and lockdown drills are as common for our children as fire drills, and as routine as duck-and-cover drills were in the 1950s.”

These drills have, indeed, become routine.

As the New York Times reports: “Most states have passed laws requiring schools to devise safety plans, and several states, including Michigan, Kentucky and North Dakota, specifically require lockdown drills. Some drills are as simple as a principal making an announcement and students sitting quietly in a darkened classroom. At other schools, police officers and school officials playact a shooting, stalking through the halls like gunmen and testing whether doors have been locked.”

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.

What is particularly chilling is how effective these lessons in compliance are in indoctrinating young people to accept their role in the police state, either as criminals or prison guards.

If these exercises are intended to instill fear, paranoia and compliance into young people, they’re working.

As Joe Pinsker writes for The Atlantic:

These lockdowns can be scarring, causing some kids to cry and wet themselves. Others have written letters bidding their family goodbye or drafted wills that specify what to do with their belongings. And 57 percent of teens worry that a shooting will happen at their school, according to a Pew Research Center survey from last year. Though many children are no strangers to violence in their homes and communities, the pervasiveness of lockdowns and school-shooting drills in the U.S. has created a culture of fear that touches nearly every child across the country.

Sociologist Alice Goffman understands how far-reaching the impact of such “exercises” can be on young people. For six years, Goffman lived in a low-income urban neighborhood, documenting the impact such an environment—a microcosm of the police state—has on its residents. Her account of neighborhood children playing cops and robbers speaks volumes about how constant exposure to pat downs, strip searches, surveillance and arrests can result in a populace that meekly allows itself to be prodded, poked and stripped.

As journalist Malcolm Gladwell writing for the New Yorker reports:

Goffman sometimes saw young children playing the age-old game of cops and robbers in the street, only the child acting the part of the robber wouldn’t even bother to run away: I saw children give up running and simply stick their hands behind their back, as if in handcuffs; push their body up against a car without being asked; or lie flat on the ground and put their hands over their head. The children yelled, “I’m going to lock you up! I’m going to lock you up, and you ain’t never coming home!” I once saw a six-year-old pull another child’s pants down to do a “cavity search.”

Clearly, our children are getting the message, but it’s not the message that was intended by those who fomented a revolution and wrote our founding documents. Their philosophy was that the police work for us, and “we the people” are the masters, and they are to be our servants.

Now that philosophy has been turned on its head, fueled by our fears (some legitimate, some hyped along by the government and its media mouthpieces) about the terrors and terrorists that lurk among us.

What are we to tell our nation’s children about the role of police in their lives?

Do we parrot the government line that police officers are community helpers who are to be trusted and obeyed at all times? Do we caution them to steer clear of a police officer, warning them that any interactions could have disastrous consequences? Or is there some happy medium between the two that, while being neither fairy tale nor horror story, can serve as a cautionary tale for young people who will encounter police at virtually every turn?

Certainly, it’s getting harder by the day to insist that we live in a nation that values freedom and which is governed by the rule of law.

Yet unless something changes and soon, there will soon be nothing left to teach young people about freedom as we have known it beyond remembered stories of the “good old days.”

For starters, as I point out in my book Battlefield America: The War on the American People, it’s time to take a hard look at the greatest perpetrators of violence in our culture—the U.S. government and its agents—and do something about it: de-militarize the police, prohibit the Pentagon from distributing military weapons to domestic police agencies, train the police in de-escalation techniques, stop insulating police officers from charges of misconduct and wrongdoing, and require police to take precautionary steps before engaging in violence in the presence of young people.

We must stop the carnage.

Source: https://bit.ly/35D0wLl

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

 

“Anyone who cares for someone with a developmental disability, as well as for disabled people themselves [lives] every day in fear that their behavior will be misconstrued as suspicious, intoxicated or hostile by law enforcement.”—Steve Silberman, The New York Times

Think twice before you call the cops to carry out a welfare check on a loved one.

Especially if that person is autistic, hearing impaired, mentally ill, elderly, suffering from dementia, disabled or might have a condition that hinders their ability to understand, communicate or immediately comply with an order.

Particularly if you value that person’s life.

At a time when growing numbers of unarmed people are being shot and killed for just standing a certain way, or moving a certain way, or holding something—anything—that police could misinterpret to be a gun, or igniting some trigger-centric fear in a police officer’s mind that has nothing to do with an actual threat to their safety, even the most benign encounters with police can have fatal consequences.

Unfortunately, police—trained in the worst case scenario and thus ready to shoot first and ask questions later—increasingly pose a risk to anyone undergoing a mental health crisis or with special needs whose disabilities may not be immediately apparent or require more finesse than the typical freeze-or-I’ll-shoot tactics employed by America’s police forces.

Just recently, in fact, Gay Plack, a 57-year-old Virginia woman with bipolar disorder, was killed after two police officers—sent to do a welfare check on her—entered her home uninvited, wandered through the house shouting her name, kicked open her locked bedroom door, discovered the terrified woman hiding in a dark bathroom and wielding a small axe, and four seconds later, shot her in the stomach.

Four seconds.

That’s all the time it took for the two police officers assigned to check on Plack to decide to use lethal force against her (both cops opened fire on the woman), rather than using non-lethal options (one cop had a Taser, which he made no attempt to use) or attempting to de-escalate the situation.

The police chief defended his officers’ actions, claiming they had “no other option” but to shoot the 5 foot 4 inch “woman with carpal tunnel syndrome who had to quit her job at a framing shop because her hand was too weak to use the machine that cut the mats.”

This is what happens when you empower the police to act as judge, jury and executioner.

This is what happens when you indoctrinate the police into believing that their lives and their safety are paramount to anyone else’s.

Suddenly, everyone and everything else is a threat that must be neutralized or eliminated.

In light of the government’s latest efforts to predict who might pose a threat to public safety based on mental health sensor data (tracked by wearable data such as FitBits and Apple Watches and monitored by government agencies such as HARPA, the “Health Advanced Research Projects Agency”), encounters with the police could get even more deadly, especially if those involved have a mental illness or disability.

Indeed, disabled individuals make up a third to half of all people killed by law enforcement officers.

That’s according to a study by the Ruderman Family Foundation,  which reports that “disabled individuals make up the majority of those killed in use-of-force cases that attract widespread attention. This is true both for cases deemed illegal or against policy and for those in which officers are ultimately fully exonerated… Many more disabled civilians experience non-lethal violence and abuse at the hands of law enforcement officers.”

For instance, Nancy Schrock called 911 for help after her husband, Tom, who suffered with mental health issues, started stalking around the backyard, upending chairs and screaming about demons. Several times before, police had transported Tom to the hospital, where he was medicated and sent home after 72 hours. This time, Tom was tasered twice. He collapsed, lost consciousness and died.

In South Carolina, police tasered an 86-year-old grandfather reportedly in the early stages of dementia, while he was jogging backwards away from them. Now this happened after Albert Chatfield led police on a car chase, running red lights and turning randomly. However, at the point that police chose to shock the old man with electric charges, he was out of the car, on his feet, and outnumbered by police officers much younger than him.

In Georgia, campus police shot and killed a 21-year-old student who was suffering a mental health crisis. Scout Schultz was shot through the heart by campus police when he approached four of them late one night while holding a pocketknife, shouting “Shoot me!” Although police may have feared for their lives, the blade was still in its closed position.

In Oklahoma, police shot and killed a 35-year-old deaf man seen holding a two-foot metal pipe on his front porch (he used the pipe to fend off stray dogs while walking). Despite the fact that witnesses warned police that Magdiel Sanchez couldn’t hear—and thus comply—with their shouted orders to drop the pipe and get on the ground, police shot the man when he was about 15 feet away from them.

In Maryland, police (moonlighting as security guards) used extreme force to eject a 26-year-old man with Downs Syndrome and a low IQ from a movie theater after the man insisted on sitting through a second screening of a film. Autopsy results indicate that Ethan Saylor died of complications arising from asphyxiation, likely caused by a chokehold.

In Florida, police armed with assault rifles fired three shots at a 27-year-old nonverbal, autistic man who was sitting on the ground, playing with a toy truck. Police missed the autistic man and instead shot his behavioral therapist, Charles Kinsey, who had been trying to get him back to his group home. The therapist, bleeding from a gunshot wound, was then handcuffed and left lying face down on the ground for 20 minutes.

In Texas, police handcuffed, tasered and then used a baton to subdue a 7-year-old student who has severe ADHD and a mood disorder. With school counselors otherwise occupied, school officials called police and the child’s mother to assist after Yosio Lopez started banging his head on a wall. The police arrived first.

In New Mexico, police tasered, then opened fire on a 38-year-old homeless man who suffered from schizophrenia, all in an attempt to get James Boyd to leave a makeshift campsite. Boyd’s death provoked a wave of protests over heavy-handed law enforcement tactics.

In Ohio, police forcefully subdued a 37-year-old bipolar woman wearing only a nightgown in near-freezing temperatures who was neither armed, violent, intoxicated, nor suspected of criminal activity. After being slammed onto the sidewalk, handcuffed and left unconscious on the street, Tanisha Anderson died as a result of being restrained in a prone position.

And in North Carolina, a state trooper shot and killed a 29-year-old deaf motorist after he failed to pull over during a traffic stop. Daniel K. Harris was shot after exiting his car, allegedly because the trooper feared he might be reaching for a weapon.

These cases, and the hundreds—if not thousands—more that go undocumented every year speak to a crisis in policing when it comes to law enforcement’s failure to adequately assess, de-escalate and manage encounters with special needs or disabled individuals.

While the research is relatively scant, what has been happening is telling.

Over the course of six months, police shot and killed someone who was in mental crisis every 36 hours.

Among 124 police killings analyzed by The Washington Post in which mental illness appeared to be a factor, “They were overwhelmingly men, more than half of them white. Nine in 10 were armed with some kind of weapon, and most died close to home.”

But there were also important distinctions, reports the Post.

This group was more likely to wield a weapon less lethal than a firearm. Six had toy guns; 3 in 10 carried a blade, such as a knife or a machete — weapons that rarely prove deadly to police officers. According to data maintained by the FBI and other organizations, only three officers have been killed with an edged weapon in the past decade. Nearly a dozen of the mentally distraught people killed were military veterans, many of them suffering from post-traumatic stress disorder as a result of their service, according to police or family members. Another was a former California Highway Patrol officer who had been forced into retirement after enduring a severe beating during a traffic stop that left him suffering from depression and PTSD. And in 45 cases, police were called to help someone get medical treatment, or after the person had tried and failed to get treatment on his own.

The U.S. Supreme Court, as might be expected, has thus far continued to immunize police against charges of wrongdoing when it comes to use of force against those with a mental illness.

In a 2015 ruling, the Court declared that police could not be sued for forcing their way into a mentally ill woman’s room at a group home and shooting her five times when she advanced on them with a knife. The justices did not address whether police must take special precautions when arresting mentally ill individuals. (The Americans with Disabilities Act requires “reasonable accommodations” for people with mental illnesses, which in this case might have been less confrontational tactics.)

Where does this leave us?

For starters, we need better police training across the board, but especially when it comes to de-escalation tactics and crisis intervention.

A study by the National Institute of Mental Health found that CIT (Crisis Intervention Team)-trained officers made fewer arrests, used less force, and connected more people with mental-health services than their non-trained peers.

As The Washington Post points out:

“Although new recruits typically spend nearly 60 hours learning to handle a gun, according to a recent survey by the Police Executive Research Forum, they receive only eight hours of training to de-escalate tense situations and eight hours learning strategies for handling the mentally ill. Otherwise, police are taught to employ tactics that tend to be counterproductive in such encounters, experts said. For example, most officers are trained to seize control when dealing with an armed suspect, often through stern, shouted commands. But yelling and pointing guns is ‘like pouring gasoline on a fire when you do that with the mentally ill,’ said Ron Honberg, policy director with the National Alliance on Mental Illness.”

Second, police need to learn how to slow confrontations down, instead of ramping up the tension (and the noise).

In Maryland, police recruits are now required to take a four-hour course in which they learn “de-escalation tactics” for dealing with disabled individuals: speak calmly, give space, be patient.

One officer in charge of the Los Angeles Police Department’s “mental response teams” suggests that instead of rushing to take someone into custody, police should try to slow things down and persuade the person to come with them.

Third, with all the questionable funds flowing to police departments these days, why not use some of those funds to establish what one disability-rights activist describes as “a 911-type number dedicated to handling mental-health emergencies, with community crisis-response teams at the ready rather than police officers.”

In the end, while we need to make encounters with police officers safer for people with suffering from mental illness or with disabilities, what we really need—as I point out in my book Battlefield America: The War on the American People—is to make encounters with police safer for all individuals all across the board.

Source: https://bit.ly/2mndta1

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

 

“Since when have we Americans been expected to bow submissively to authority and speak with awe and reverence to those who represent us? The constitutional theory is that we the people are the sovereigns, the state and federal officials only our agents. We who have the final word can speak softly or angrily. We can seek to challenge and annoy, as we need not stay docile and quiet.”—Justice William O. Douglas, dissenting, Colten v. Kentucky, 407 U.S. 104 (1972)

Forget everything you’ve ever been taught about free speech in America.

It’s all a lie.

There can be no free speech for the citizenry when the government speaks in a language of force.

What is this language of force?

Militarized police. Riot squads. Camouflage gear. Black uniforms. Armored vehicles. Mass arrests. Pepper spray. Tear gas. Batons. Strip searches. Surveillance cameras. Kevlar vests. Drones. Lethal weapons. Less-than-lethal weapons unleashed with deadly force. Rubber bullets. Water cannons. Stun grenades. Arrests of journalists. Crowd control tactics. Intimidation tactics. Brutality.

This is not the language of freedom.

This is not even the language of law and order.

This is the language of force.

Unfortunately, this is how the government at all levels—federal, state and local—now responds to those who choose to exercise their First Amendment right to peacefully assemble in public and challenge the status quo.

This police overkill isn’t just happening in troubled hot spots such as Ferguson, Mo., and Baltimore, Md., where police brutality gave rise to civil unrest, which was met with a militarized show of force that caused the whole stew of discontent to bubble over into violence.

A decade earlier, the NYPD engaged in mass arrests of peaceful protesters, bystanders, legal observers and journalists who had gathered for the 2004 Republican National Convention. The protesters were subjected to blanket fingerprinting and detained for more than 24 hours at a “filthy, toxic pier that had been a bus depot.” That particular exercise in police intimidation tactics cost New York City taxpayers nearly $18 million for what would become the largest protest settlement in history.

Demonstrators, journalists and legal observers who had gathered in North Dakota to peacefully protest the Dakota Access Pipeline reported being pepper sprayed, beaten with batons, and strip searched by police.

In the college town of Charlottesville, Va., protesters who took to the streets to peacefully express their disapproval of a planned KKK rally were held at bay by implacable lines of gun-wielding riot police. Only after a motley crew of Klansmen had been safely escorted to and from the rally by black-garbed police did the assembled army of city, county and state police declare the public gathering unlawful and proceed to unleash canisters of tear gas on the few remaining protesters to force them to disperse.

More recently, this militarized exercise in intimidation—complete with an armored vehicle and an army of police drones—reared its ugly head in the small town of Dahlonega, Ga., where 600 state and local militarized police clad in full riot gear vastly outnumbered the 50 protesters and 150 counterprotesters who had gathered to voice their approval/disapproval of the Trump administration’s policies.

To be clear, this is the treatment being meted out to protesters across the political spectrum.

The police state does not discriminate.

As a USA Today article notes, “Federally arming police with weapons of war silences protesters across all justice movements… People demanding justice, demanding accountability or demanding basic human rights without resorting to violence, should not be greeted with machine guns and tanks. Peaceful protest is democracy in action. It is a forum for those who feel disempowered or disenfranchised. Protesters should not have to face intimidation by weapons of war.”

A militarized police response to protesters poses a danger to all those involved, protesters and police alike. In fact, militarization makes police more likely to turn to violence to solve problems.

As a study by researchers at Stanford University makes clear, “When law enforcement receives more military materials — weapons, vehicles and tools — it becomes … more likely to jump into high-risk situations. Militarization makes every problem — even a car of teenagers driving away from a party — look like a nail that should be hit with an AR-15 hammer.”

Even the color of a police officer’s uniform adds to the tension. As the Department of Justice reports, “Some research has suggested that the uniform color can influence the wearer—with black producing aggressive tendencies, tendencies that may produce unnecessary conflict between police and the very people they serve.”

You want to turn a peaceful protest into a riot?

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

Mind you, those who respond with violence are playing into the government’s hands perfectly.

The government wants a reason to crack down and lock down and bring in its biggest guns.

They want us divided. They want us to turn on one another.

They want us powerless in the face of their artillery and armed forces.

They want us silent, servile and compliant.

They certainly do not want us to remember that we have rights, let alone attempting to exercise those rights peaceably and lawfully.

And they definitely do not want us to engage in First Amendment activities that challenge the government’s power, reveal the government’s corruption, expose the government’s lies, and encourage the citizenry to push back against the government’s many injustices.

You know how one mayor characterized the tear gassing of protesters by riot police? He called it an “unfortunate event.”

Unfortunate, indeed.

You know what else is unfortunate?

It’s unfortunate that these overreaching, heavy-handed lessons in how to rule by force have become standard operating procedure for a government that communicates with its citizenry primarily through the language of brutality, intimidation and fear.

It’s unfortunate that “we the people” have become the proverbial nails to be hammered into submission by the government and its vast armies.

And it’s particularly unfortunate that government officials—especially police—seem to believe that anyone who wears a government uniform (soldier, police officer, prison guard) must be obeyed without question.

In other words, “we the people” are the servants in the government’s eyes rather than the masters.

The government’s rationale goes like this:

Do exactly what I say, and we’ll get along fine. Do not question me or talk back in any way. You do not have the right to object to anything I may say or ask you to do, or ask for clarification if my demands are unclear or contradictory. You must obey me under all circumstances without hesitation, no matter how arbitrary, unreasonable, discriminatory, or blatantly racist my commands may be. Anything other than immediate perfect servile compliance will be labeled as resisting arrest, and expose you to the possibility of a violent reaction from me. That reaction could cause you severe injury or even death. And I will suffer no consequences. It’s your choice: Comply, or die.

Indeed, as Officer Sunil Dutta of the Los Angeles Police Department advises:

If you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, just do what I tell you. Don’t argue with me, don’t call me names, don’t tell me that I can’t stop you, don’t say I’m a racist pig, don’t threaten that you’ll sue me and take away my badge. Don’t scream at me that you pay my salary, and don’t even think of aggressively walking towards me.

This is not the rhetoric of a government that is of the people, by the people, and for the people.

This is not the attitude of someone who understands, let alone respects, free speech.

And this is certainly not what I would call “community policing,” which is supposed to emphasize the importance of the relationship between the police and the community they serve.

Indeed, this is martial law masquerading as law and order.

Any police officer who tells you that he needs tanks, SWAT teams, and pepper spray to do his job shouldn’t be a police officer in a constitutional republic.

All that stuff in the First Amendment (about freedom of speech, religion, press, peaceful assembly and the right to petition the government for a redress of grievances) sounds great in theory. However, it amounts to little more than a hill of beans if you have to exercise those freedoms while facing down an army of police equipped with deadly weapons, surveillance devices, and a slew of laws that empower them to arrest and charge citizens with bogus “contempt of cop” charges (otherwise known as asserting your constitutional rights).

It doesn’t have to be this way.

There are other, far better models to follow.

For instance, back in 2011, the St. Louis police opted to employ a passive response to Occupy St. Louis activists. First, police gave the protesters nearly 36 hours’ notice to clear the area, as opposed to the 20 to 60 minutes’ notice other cities gave. Then, as journalist Brad Hicks reports, when the police finally showed up:

They didn’t show up in riot gear and helmets, they showed up in shirt sleeves with their faces showing. They not only didn’t show up with SWAT gear, they showed up with no unusual weapons at all, and what weapons they had all securely holstered. They politely woke everybody up. They politely helped everybody who was willing to remove their property from the park to do so. They then asked, out of the 75 to 100 people down there, how many people were volunteering for being-arrested duty? Given 33 hours to think about it, and 10 hours to sweat it over, only 27 volunteered. As the police already knew, those people’s legal advisers had advised them not to even passively resist, so those 27 people lined up to be peacefully arrested, and were escorted away by a handful of cops. The rest were advised to please continue to protest, over there on the sidewalk … and what happened next was the most absolutely brilliant piece of crowd control policing I have heard of in my entire lifetime. All of the cops who weren’t busy transporting and processing the voluntary arrestees lined up, blocking the stairs down into the plaza. They stood shoulder to shoulder. They kept calm and silent. They positioned the weapons on their belts out of sight. They crossed their hands low in front of them, in exactly the least provocative posture known to man. And they peacefully, silently, respectfully occupied the plaza, using exactly the same non-violent resistance techniques that the protesters themselves had been trained in.

As Forbes concluded, “This is a more humane, less costly, and ultimately more productive way to handle a protest. This is great proof that police can do it the old fashioned way – using their brains and common sense instead of tanks, SWAT teams, and pepper spray – and have better results.”

It can be done.

Police will not voluntarily give up their gadgets and war toys and combat tactics, however. Their training and inclination towards authoritarianism has become too ingrained.

If we are to have any hope of dismantling the police state, change must start locally, community by community. Citizens will have to demand that police de-escalate and de-militarize. And if the police don’t listen, contact your city councils and put the pressure on them.

Remember, they are supposed to work for us. They might not like hearing it—they certainly won’t like being reminded of it—but we pay their salaries with our hard-earned tax dollars.

“We the people” have got to stop accepting the lame excuses trotted out by police as justifications for their inexcusable behavior.

Either “we the people” believe in free speech or we don’t.

Either we live in a constitutional republic or a police state.

We have rights.

As Justice William O. Douglas advised in his dissent in Colten v. Kentucky, “we need not stay docile and quiet” in the face of authority.

The Constitution does not require Americans to be servile or even civil to government officials.

Neither does the Constitution require obedience (although it does insist on nonviolence).

This emphasis on nonviolence goes both ways. Somehow, the government keeps overlooking this important element in the equation.

There is nothing safe or secure or free about exercising your rights with a rifle pointed at you.

The police officer who has been trained to shoot first and ask questions later, oftentimes based only on their highly subjective “feeling” of being threatened, is just as much of a danger—if not more—as any violence that might erupt from a protest rally.

Compliance is no guarantee of safety.

Then again, as I point out in my book Battlefield America: The War on the American People, if we just cower before government agents and meekly obey, we may find ourselves following in the footsteps of those nations that eventually fell to tyranny.

The alternative involves standing up and speaking truth to power. Jesus Christ walked that road. So did Mahatma Gandhi, Martin Luther King Jr., and countless other freedom fighters whose actions changed the course of history.

Indeed, had Christ merely complied with the Roman police state, there would have been no crucifixion and no Christian religion. Had Gandhi meekly fallen in line with the British Empire’s dictates, the Indian people would never have won their independence.

Had Martin Luther King Jr. obeyed the laws of his day, there would have been no civil rights movement. And if the founding fathers had marched in lockstep with royal decrees, there would have been no American Revolution.

We must adopt a different mindset and follow a different path if we are to alter the outcome of these interactions with police.

The American dream was built on the idea that no one is above the law, that our rights are inalienable and cannot be taken away, and that our government and its appointed agents exist to serve us.

It may be that things are too far gone to save, but still we must try.

Source: https://bit.ly/2lX2CDm

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

 

The exile of prisoners to a distant place, where they can ‘pay their debt to society,’ make themselves useful, and not contaminate others with their ideas or their criminal acts, is a practice as old as civilization itself. The rulers of ancient Rome and Greece sent their dissidents off to distant colonies. Socrates chose death over the torment of exile from Athens. The poet Ovid was exiled to a fetid port on the Black Sea.”— Anne Applebaum, Gulag: A History

This is how freedom dies.

This is how you condition a populace to life as prisoners in a police state: by brainwashing them into believing they are free so that they will march in lockstep with the state and be incapable of recognizing the prison walls that surround them.

Face the facts: we are no longer free.

We in the American Police State may enjoy the illusion of freedom, but that is all it is: an elaborate deception, rooted in denial and delusion, that hides the grasping, greedy, power-hungry, megalomaniacal force that lurks beneath the surface.

Brick by brick, the prison walls being erected around us by the government and its corporate partners-in-crime grow more oppressive and more pervasive by the day.

Brick by brick, we are finding there is nowhere to run and nowhere to hide.

Brick by brick, we are being walled in, locked down and locked up.

That’s the curious thing about walls: they not only keep those on the outside from getting in, they also keep those on the inside from getting out.

Consider, if you will, some of the “bricks” in the police state’s wall that serve to imprison the citizenry: Red flag gun laws that strip citizens of their rights based on the flimsiest of pretexts concocted by self-serving politicians. Overcriminalization resulting in jail time for nonviolent offenses such as feeding stray cats and buying foreign honey. Military training drills—showy exercises in armed intimidation—and live action “role playing” between soldiers and “freedom fighters” staged in small rural communities throughout the country. Profit-driven speed and red light cameras that do little for safety while padding the pockets of government agencies. Overt surveillance that turns citizens into suspects.

Police-run facial recognition software that mistakenly labels law-abiding citizens as criminals. Punitive programs that strip citizens of their passports and right to travel over unpaid taxes. Government agents that view segments of the populace as “subhuman” and treat them accordingly. A social credit system (similar to China’s) that rewards behavior deemed “acceptable” and punishes behavior the government and its corporate allies find offensive, illegal or inappropriate.

These are just a small sampling of the oppressive measures used by the government to control and constrict the American people.

What these despotic tactics add up to is an authoritarian prison in every sense of the word.

Granted this prison may not appear as overtly bleak as the soul-destroying gulags described by Aleksandr Solzhenitsyn in his masterpiece The Gulag Archipelago, but that’s just a matter of aesthetics.

Strip away the surface embellishments and you’ll find the core is no less sinister than that of the gulags of the Cold War-era Soviet Union.

Those gulags, according to historian Anne Applebaum, used as a form of “administrative exile—which required no trial and no sentencing procedure—was an ideal punishment not only for troublemakers as such, but also for political opponents of the regime.”

The word “gulag” refers to a labor or concentration camp where prisoners (oftentimes political prisoners or so-called “enemies of the state,” real or imagined) were imprisoned as punishment for their crimes against the state. As Applebaum explains:

Over time, the word “Gulag” has also come to signify not only the administration of the concentration camps but also the system of Soviet slave labor itself, in all its forms and varieties: labor camps, punishment camps, criminal and political camps, women’s camps, children’s camps, transit camps. Even more broadly, “Gulag” has come to mean the Soviet repressive system itself, the set of procedures that prisoners once called the “meat-grinder”: the arrests, the interrogations, the transport in unheated cattle cars, the forced labor, the destruction of families, the years spent in exile, the early and unnecessary deaths.

Aleksandr Solzhenitsyn was such a political prisoner.

For the crime of daring to criticize Stalin in a private letter to a school friend, Solzhenitsyn was arrested and sentenced to eight years in exile in a labor camp.

That was before psychiatry paved the way for totalitarian regimes such as the Soviet Union to declare dissidents mentally ill and consign political prisoners to prisons disguised as psychiatric hospitals, where they could be isolated from the rest of society, their ideas discredited, and subjected to electric shocks, drugs and various medical procedures to break them physically and mentally.

In addition to declaring political dissidents mentally unsound, government officials in the Cold War-era Soviet Union also made use of an administrative process for dealing with individuals who were considered a bad influence on others or troublemakers. Author George Kennan describes a process in which:

The obnoxious person may not be guilty of any crime . . . but if, in the opinion of the local authorities, his presence in a particular place is “prejudicial to public order” or “incompatible with public tranquility,” he may be arrested without warrant, may be held from two weeks to two years in prison, and may then be removed by force to any other place within the limits of the empire and there be put under police surveillance for a period of from one to ten years.

Warrantless seizures, surveillance, indefinite detention, isolation, exile… sound familiar?

It should.

The age-old practice by which despotic regimes eliminate their critics or potential adversaries by making them disappear—or forcing them to flee—or exiling them literally or figuratively or virtually from their fellow citizens—is happening with increasing frequency in America.

We saw it happen with Julian Assange. With Edward Snowden. With Bradley Manning.

They, too, were exiled for daring to challenge the powers-that-be.

It happened to 26-year-old decorated Marine Brandon Raub, who was targeted because of his Facebook posts, interrogated by government agents about his views on government corruption, arrested with no warning, labeled mentally ill for subscribing to so-called “conspiratorial” views about the government, detained against his will in a psych ward for standing by his views, and isolated from his family, friends and attorneys.

Raub’s case exposed the seedy underbelly of a governmental system that is targeting Americans—especially military veterans—for expressing their discontent over America’s rapid transition to a police state.

Now, through the use of red flag lawsbehavioral threat assessments, and pre-crime policing prevention programs, the government is laying the groundwork that would allow it to weaponize the label of mental illness as a means of exiling those whistleblowers, dissidents and freedom fighters who refuse to march in lockstep with its dictates.

That the government is using the charge of mental illness as the means by which to immobilize (and disarm) its critics is diabolically brilliant. With one stroke of a magistrate’s pen, these individuals are declared mentally ill, locked away against their will, and stripped of their constitutional rights.

These developments are merely the realization of various U.S. government initiatives dating back to 2009, including one dubbed Operation Vigilant Eagle which calls for surveillance of military veterans returning from Iraq and Afghanistan, characterizing them as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.”

Coupled with the report on “Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment” issued by the Department of Homeland Security (curiously enough, a Soviet term), 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,” these tactics bode ill for anyone seen as opposing the government. Although these initiatives caused an initial uproar when announced in 2009, they were quickly subsumed by the ever-shifting cacophony of the news media and its ten-day cycles.

Yet while the American public may have forgotten about the government’s plans to identify and disable anyone deemed a potential “threat,” the government has put its plan into action.

Thus, what began as a blueprint under the Bush administration has become an operation manual under the Obama and Trump administrations to exile those who are challenging the government’s authority.

An important point to consider, however, is that the government is not merely targeting individuals who are voicing their discontent so much as it is locking up individuals trained in military warfare who are voicing feelings of discontent.

Under the guise of mental health treatment and with the complicity of government psychiatrists and law enforcement officials, these veterans are increasingly being portrayed as ticking time bombs in need of intervention.

For instance, the Justice Department launched a pilot program aimed at training SWAT teams to deal with confrontations involving highly trained and often heavily armed combat veterans.

One tactic being used to deal with so-called “mentally ill suspects who also happen to be trained in modern warfare” is through the use of civil commitment laws, found in all states and employed throughout American history to not only silence but cause dissidents to disappear.

For example, in 2006, NSA officials attempted to label former employee Russ Tice, who was willing to testify in Congress about the NSA’s warrantless wiretapping program, as “mentally unbalanced” based upon two psychiatric evaluations ordered by his superiors.

In 2009, NYPD Officer Adrian Schoolcraft had his home raided, and he was handcuffed to a gurney and taken into emergency custody for an alleged psychiatric episode. It was later discovered by way of an internal investigation that his superiors were retaliating against him for reporting police misconduct. Schoolcraft spent six days in the mental facility, and as a further indignity, was presented with a bill for $7,185 upon his release.

In 2012, it was Virginia’s civil commitment law that was used to justify arresting and detaining Marine Brandon Raub—a 9/11 truther—in a psychiatric ward based on posts he had made on his Facebook page that were critical of the government.

Incredibly, in Virginia alone, over 20,000 people annually are forced into psychiatric wards by way of so-called Emergency Custody Orders and civil commitment procedures.

Each state has its own set of civil, or involuntary, commitment laws. These laws are extensions of two legal principlesparens patriae Parens patriae (Latin for “parent of the country”), which allows the government to intervene on behalf of citizens who cannot act in their own best interest, and police power, which requires a state to protect the interests of its citizens.

The fusion of these two principles, coupled with a shift towards a dangerousness standard, has resulted in a Nanny State mindset carried out with the militant force of the Police State.

The problem, of course, is that the diagnosis of mental illness, while a legitimate concern for some Americans, has over time become a convenient means by which the government and its corporate partners can penalize certain “unacceptable” social behaviors.

In fact, in recent years, we have witnessed the pathologizing of individuals who resist authority as suffering from oppositional defiant disorder (ODD), defined as “a pattern of disobedient, hostile, and defiant behavior toward authority figures.” Under such a definition, every activist of note throughout our history—from Mahatma Gandhi to Martin Luther King Jr.—could be classified as suffering from an ODD mental disorder.

Of course, this is all part of a larger trend in American governance whereby dissent is criminalized and pathologized, and dissenters are censored, silenced, declared unfit for society, labelled dangerous or extremist, or turned into outcasts and exiled.

Red flag gun laws, growing in popularity as a legislative means by which to seize guns from individuals viewed as a danger to themselves or others, are a perfect example of this mindset at work. “We need to stop dangerous people before they act”: that’s the rationale behind the NRA’s support of these red flag laws, and at first glance, it appears to be perfectly reasonable to want to disarm individuals who are clearly suicidal and/or pose an “immediate danger” to themselves or others.

Where the problem arises, of course, is when you put the power to determine who is a potential danger in the hands of government agencies, the courts and the police.

Remember, this is the same government that uses the words “anti-government,” “extremist” and “terrorist” interchangeably.

This is the same government whose agents are spinning a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports using automated eyes and ears, social media, behavior sensing software, and citizen spies to identify potential threats.

This is the same government that keeps re-upping the National Defense Authorization Act (NDAA), which allows the military to detain American citizens with no access to friends, family or the courts if the government believes them to be a threat.

This is the same government that 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 the same government that has, along with its corporate counterparts (Facebook, Google, Twitter, etc.), made it abundantly clear at all levels (whether it be the FBI, NSA, local police, school personnel, etc.) that they want no one challenging their authority.

This is a government that pays lip service to the nation’s freedom principles while working overtime to shred the Constitution.

Yes, this is a prison alright.

Thus, for those who take to the streets to constitutionally express their opinions and beliefs, rows of riot police, clad in jackboots, military vests, and helmets, holding batons, stun guns, assault rifles, and sometimes even grenade launchers, are there to keep them in line.

For those who take to social media to express their opinions and beliefs, squadrons of AI censors are there to shadowban them and keep them in line.

As for that wall President Trump keeps promising to build, it’s already being built, one tyranny at a time, transforming our constitutional republic into a carceral state.

Yet be warned: in a carceral state, there are only two kinds of people: the prisoners and the prison guards.

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

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

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

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

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

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

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

Source: https://bit.ly/2MKc8WK

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

 

“The most dangerous man to any government is the man who is able to think things out … without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” — H. L. Mencken

The U.S. government is working hard to destabilize the nation.

No, this is not another conspiracy theory.

Although it is certainly not far-fetched to suggest that the government might be engaged in nefarious activities that run counter to the best interests of the American people, doing so will likely brand me a domestic terrorist under the FBI’s new classification system.

Observe for yourself what is happening right before our eyes.

Domestic terrorism fueled by government entrapment schemes. Civil unrest stoked to dangerous levels by polarizing political rhetoric. A growing intolerance for dissent that challenges the government’s power grabs. Police brutality tacitly encouraged by the executive branch, conveniently overlooked by the legislatures, and granted qualified immunity by the courts. A weakening economy exacerbated by government schemes that favor none but a select few. An overt embrace of domestic surveillance tactics if Congress goes along with the Trump Administration’s request to permanently re-authorize the NSA’s de-activated call records program. Heightened foreign tensions and blowback due to the military industrial complex’s profit-driven quest to police and occupy the globe.

The seeds of chaos are being sown, and it’s the U.S. government that will reap the harvest.

Mark my words, there’s trouble brewing.

Better yet, take a look at “Megacities: Urban Future, the Emerging Complexity,” a Pentagon training video created by the Army for U.S. Special Operations Command.

The training video is only five minutes long, but it says a lot about the government’s mindset, the way its views the citizenry, and the so-called “problems” that the government must be prepared to address in the near future through the use of martial law.

Even more troubling, however, is what this military video doesn’t say about the Constitution, about the rights of the citizenry, and about the dangers of locking down the nation and using the military to address political and social problems.

The training video anticipates that all hell will break loose by 2030—that’s barely ten short years away—but the future is here ahead of schedule.

We’re already witnessing a breakdown of society on virtually every front.

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

The danger signs are screaming out a message

The government is anticipating trouble (read: civil unrest), which is code for anything that challenges the government’s authority, wealth and power.

According to the Pentagon training video created by the Army for U.S. Special Operations Command, the U.S. government is grooming its armed forces to solve future domestic political and social problems.

What they’re really talking about is martial law, packaged as a well-meaning and overriding concern for the nation’s security.

The chilling five-minute training video, obtained by The Intercept through a FOIA request and made available online, paints an ominous picture of the future—a future the military is preparing for—bedeviled by “criminal networks,” “substandard infrastructure,” “religious and ethnic tensions,” “impoverishment, slums,” “open landfills, over-burdened sewers,” a “growing mass of unemployed,” and an urban landscape in which the prosperous economic elite must be protected from the impoverishment of the have nots.

And then comes the kicker.

Three-and-a-half minutes into the Pentagon’s dystopian vision of “a world of Robert Kaplan-esque urban hellscapes — brutal and anarchic supercities filled with gangs of youth-gone-wild, a restive underclass, criminal syndicates, and bands of malicious hackers,” the ominous voice of the narrator speaks of a need to “drain the swamps.”

Drain the swamps.

Surely, we’ve heard that phrase before?

Ah yes.

Emblazoned on t-shirts and signs, shouted at rallies, and used as a rallying cry among Trump supporters, “drain the swamp” became one of Donald Trump’s most-used campaign slogans.

Far from draining the politically corrupt swamps of Washington DC of lobbyists and special interest groups, however, the Trump Administration has further mired us in a sweltering bog of corruption and self-serving tactics.

Funny how the more things change, the more they stay the same.

Now the government has adopted its own plans for swamp-draining, only it wants to use the military to drain the swamps of futuristic urban American cities of “noncombatants and engage the remaining adversaries in high intensity conflict within.”

And who are these noncombatants, a military term that refers to civilians who are not engaged in fighting?

They are, according to the Pentagon, “adversaries.”

They are “threats.”

They are the “enemy.”

They are people who don’t support the government, people who live in fast-growing urban communities, people who may be less well-off economically than the government and corporate elite, people who engage in protests, people who are unemployed, people who engage in crime (in keeping with the government’s fast-growing, overly broad definition of what constitutes a crime).

In other words, in the eyes of the U.S. military, noncombatants are American citizens a.k.a. domestic extremists a.k.a. enemy combatants who must be identified, targeted, detained, contained and, if necessary, eliminated.

In the future imagined by the Pentagon, any walls and prisons that are built will be used to protect the societal elite—the haves—from the have-nots.

If you haven’t figured it out already, we the people are the have-nots.

Suddenly it all begins to make sense.

The events of recent years: the invasive surveillance, the extremism reports, the civil unrest, the protests, the shootings, the bombings, the military exercises and active shooter drills, the color-coded alerts and threat assessments, the fusion centers, the transformation of local police into extensions of the military, the distribution of military equipment and weapons to local police forces, the government databases containing the names of dissidents and potential troublemakers.

The government is systematically locking down the nation and shifting us into martial law.

This is how you prepare a populace to accept a police state willingly, even gratefully.

You don’t scare them by making dramatic changes. Rather, you acclimate them slowly to their prison walls.

Persuade the citizenry that their prison walls are merely intended to keep them safe and danger out. Desensitize them to violence, acclimate them to a military presence in their communities, and persuade them that there is nothing they can do to alter the seemingly hopeless trajectory of the nation.

Before long, no one will even notice the floundering economy, the blowback arising from military occupations abroad, the police shootings, the nation’s deteriorating infrastructure and all of the other mounting concerns.

It’s happening already.

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

Few seem to care about the government’s endless wars abroad that leave communities shattered, families devastated and our national security at greater risk of blowback.

The Deep State’s tactics are working.

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

Still, you can’t say we weren’t warned about the government’s nefarious schemes to lock down the nation.

Back in 2008, an Army War College report revealed that “widespread civil violence inside the United States would force the defense establishment to reorient priorities in extremis to defend basic domestic order and human security.” The 44-page report went on to warn that potential causes for such civil unrest could include another terrorist attack, “unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters.”

In 2009, reports by the Department of Homeland Security surfaced that labelled right-wing and left-wing activists and military veterans as extremists (a.k.a. terrorists) and called on the government to subject such targeted individuals to full-fledged pre-crime surveillance. Almost a decade later, after spending billions to fight terrorism, the DHS concluded that the greater threat is not ISIS but domestic right-wing extremism.

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

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

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

And then you have the government’s Machiavellian schemes for unleashing all manner of dangers on an unsuspecting populace, then demanding additional powers in order to protect “we the people” from the threats.

Seriously, think about it.

The government claims to be protecting us from cyberterrorism, but who is the biggest black market buyer and stockpiler of cyberweapons (weaponized malware that can be used to hack into computer systems, spy on citizens, and destabilize vast computer networks)? The U.S. government.

The government claims to be protecting us from weapons of mass destruction, but what country has one the deadliest arsenals of weapons of mass destruction and has a history of using them on the rest of the world? The U.S. government. Indeed, which country has a history of secretly testing out dangerous weapons and technologies on its own citizens? The U.S. government.

The government claims to be protecting us from foreign armed threats, but who is the largest weapons manufacturer and exporter in the world, such that they are literally arming the world? The U.S. government. For that matter, where did ISIS get many of their deadliest weapons, including assault rifles and tanks to anti-missile defenses? From the U.S. government.

The government claims to be protecting the world from the menace of foreign strongmen, but how did Saddam Hussein build Iraq’s massive arsenal of tanks, planes, missiles, and chemical weapons during the 1980s? With help from the U.S. government. And who gave Osama bin Laden and al-Qaida “access to a fortune in covert funding and top-level combat weaponry”? The U.S. government.

The government claims to be protecting us from terrorist plots, but what country has a pattern and practice of entrapment that involves targeting vulnerable individuals, feeding them with the propaganda, know-how and weapons intended to turn them into terrorists, and then arresting them as part of an elaborately orchestrated counterterrorism sting? The U.S. government.

For that matter, the government claims to be protecting us from nuclear threats, but which is the only country to ever use a nuclear weapon in wartime? The United States.

Are you getting the picture yet?

The U.S. government isn’t protecting us from terrorism.

The U.S. government is creating the terror. It is, in fact, the source of the terror.

Just think about it for a minute: Cyberwarfare. Terrorism. Bio-chemical attacks. The nuclear arms race. Surveillance. The drug wars.

Almost every national security threat that the government has claimed greater powers in order to fight—all the while undermining the liberties of the American citizenry—has been manufactured in one way or another by the government.

Did I say Machiavellian? This is downright evil.

We’re not dealing with a government that exists to serve its people, protect their liberties and ensure their happiness. Rather, these are the diabolical machinations of a make-works program carried out on an epic scale whose only purpose is to keep the powers-that-be permanently (and profitably) employed.

It’s time to wake up and stop being deceived by government propaganda.

Mind you, by “government,” I’m not referring to the highly partisan, two-party bureaucracy of the Republicans and Democrats.

I’m referring to “government” with a capital “G,” the entrenched Deep State that is unaffected by elections, unaltered by populist movements, and has set itself beyond the reach of the law.

I’m referring to the corporatized, militarized, entrenched bureaucracy that is fully operational and staffed by unelected officials who are, in essence, running the country and calling the shots in Washington DC, no matter who sits in the White House.

Be warned: in the future envisioned by the government, we will not be viewed as Republicans or Democrats. Rather, “we the people” will be enemies of the state.

For years, the government has been warning against the dangers of domestic terrorism, erecting surveillance systems to monitor its own citizens, creating classification systems to label any viewpoints that challenge the status quo as extremist, and training law enforcement agencies to equate anyone possessing anti-government views as a domestic terrorist.

What the government failed to explain was that the domestic terrorists would be of the government’s own making, and that “we the people” would become enemy #1.

As I make clear in my book, Battlefield America: The War on the American People, we’re already enemies of the state.

You want to change things? Start by rejecting the political labels and the polarizing rhetoric and the “us vs. them” tactics that reduce the mass power of the populace to puny, powerless factions.

Find common ground with your fellow citizens and push back against the government’s brutality, inhumanity, greed, corruption and power grabs.

Be dangerous in the best way possible: by thinking for yourself, by refusing to be silenced, by choosing sensible solutions over political expediency and bureaucracy.

When all is said and done, the solution to what ails this country is really not that complicated: decency, compassion, common sense, generosity balanced by fiscal responsibility, fairness, a commitment to freedom principles, and a firm rejection of the craven, partisan politics of the Beltway elites who have laid the groundwork for the government’s authoritarian coup d’etat.

Let the revolution begin.

Source: https://bit.ly/2P3ilz1

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

 

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

We’ve been down this road many times before.

If the government is consistent about any one thing, it is this: it has an unnerving tendency to exploit crises and use them as opportunities for power grabs under the guise of national security.

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

Cue the Emergency State, the government’s Machiavellian version of crisis management that justifies all manner of government tyranny in the so-called name of national security.

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

It’s all part of the grand plan for total control.

The government’s proposed response to the latest round of mass shootings—red flag gun laws, precrime surveillance, fusion centers, threat assessments, mental health assessments, involuntary confinement—is just more of the same.

These tactics have been employed before, here in the U.S. and elsewhere, by other totalitarian regimes, with devastating results.

It’s a simple enough formula: first, you create fear, then you capitalize on it by seizing power.

For instance, in his remarks on the mass shootings in Texas and Ohio, President Trump promised to give the FBI “whatever they need” to investigate and disrupt hate crimes and domestic terrorism.

Let that sink in a moment.

In a post-9/11 America, Trump’s promise bodes ill for whatever remnants of freedom we have left. With that promise, flippantly delivered without any apparent thought for the Constitution’s prohibitions on such overreach, the president has given the FBI the green light to violate Americans’ civil liberties in every which way.

This is how the Emergency State works, after all.

Although the damage wrought by these power grabs has been most evident in recent presidential administrations—under Trump, Obama, Bush and Clinton—the seeds of this present madness were sown, according to Unger, in 1940, when President Roosevelt, the “founding father of modern extraconstitutional presidential war-making, the military-industrial complex, and covert federal surveillance of lawful domestic political activity,” declared a national emergency.

So what does the government’s carefully calibrated response to this current crisis mean for freedom as we know it? Compliance and control.

For starters, consider Trump’s embrace of red flag gun laws, which allow the police to remove guns from people “suspected” of being threats, will only add to the government’s power.

As The Washington Post reports, these laws “allow a family member, roommate, beau, law enforcement officer or any type of medical professional to file a petition [with a court] asking that a person’s home be temporarily cleared of firearms. It doesn’t require a mental-health diagnosis or an arrest.

Be warned: these laws, growing in popularity as a legislative means by which to seize guns from individuals viewed as a danger to themselves or others, are yet another Trojan Horse, a stealth maneuver by the police state to gain greater power over an unsuspecting and largely gullible populace.

Seventeen states, plus the District of Columbia, now have red flag laws on their books. That number is growing.

In the midst of what feels like an epidemic of mass shootings, these gun confiscation laws—extreme risk protection order (ERPO) laws—may appease the fears of those who believe that fewer guns in the hands of the general populace will make our society safer.

Of course, it doesn’t always work that way.

Anything—knives, vehicles, planes, pressure cookers—can become a weapon when wielded with deadly intentions.

With these red flag gun laws, the intention is to disarm individuals who are potential threats.

We need to stop dangerous people before they act”: that’s the rationale behind the NRA’s support of these red flag laws, and at first glance, it appears to be perfectly reasonable to want to disarm individuals who are clearly suicidal and/or pose an “immediate danger” to themselves or others.

However, consider what happened in Maryland after a police officer attempted to “enforce” the state’s new red flag law, which went into effect in Oct. 2018.

At 5 am on a Monday, two police officers showed up at 61-year-old Gary Willis’ house to serve him with a court order requiring that he surrender his guns. Willis answered the door holding a gun. (In some states, merely answering the door holding a gun is enough to get you killed by police who have a tendency to shoot first and ask questions later.) Willis initially set his gun aside while he spoke with the police. However, when the police attempted to serve him with the gun confiscation order, Willis reportedly became “irate” and picked up his gun again. At that point, a struggle ensued, causing the gun to go off. Although no one was harmed by the struggle, one of the cops shot and killed Willis.

According to the Anne Arundel County police chief, the shooting was a sign that the red flag law is needed. What the police can’t say with any certainty is what they prevented by shooting and killing Willis.

Therein lies the danger of these red flag laws, specifically, and pre-crime laws such as these generally, especially when you put the power to determine who is a potential danger in the hands of government agencies, the courts and the police.

After all, this is the same government that uses the words “anti-government,” “extremist” and “terrorist” interchangeably.

This is the same government that, in 2009, issued a series of Department of Homeland Security reports on Rightwing and Leftwing “Extremism,” which broadly define 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.”

This is the same government that, as first reported by the Wall Street Journal, tracks military veterans returning from Iraq and Afghanistan and characterizes them as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.”

This is the same government that keeps re-upping the National Defense Authorization Act (NDAA), which allows the military to detain and imprison American citizens with no access to friends, family or the courts if the government believes them to be a threat.

This is the same government that 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.

For instance, 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’s latest report, you might also be classified as a domestic terrorism threat if you espouse conspiracy theories, especially if you “attempt to explain events or circumstances as the result of a group of actors working in secret to benefit themselves at the expense of others” and are “usually at odds with official or prevailing explanations of events.”

Additionally, according to Michael C. McGarrity, the FBI’s assistant director of the counterterrorism division, the bureau now “classifies domestic terrorism threats into four main categories: racially motivated violent extremism, anti-government/anti-authority extremism, animal rights/environmental extremism, and abortion extremism.”

In other words, if you dare to subscribe to any views that are contrary to the government’s, you may well be suspected of being a domestic terrorist and treated accordingly.

Where many Americans go wrong is in assuming that you have to be doing something illegal or challenging the government’s authority in order to be flagged as a suspicious character, labeled an enemy of the state and locked up like a dangerous criminal.

That is not the case.

All you really need to do is question government authority.

With the help of artificial intelligence, a growing arsenal of high-tech software, hardware and techniques, government propaganda urging Americans to turn into spies and snitches, as well as social media and behavior sensing software, government agents are spinning a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports aimed at snaring potentialenemies of the state.

It’s the American police state’s take on the dystopian terrors foreshadowed by George Orwell, Aldous Huxley and Phillip K. Dick all rolled up into one oppressive pre-crime and pre-thought crime package.

What’s more, the technocrats who run the surveillance state don’t even have to break a sweat while monitoring what you say, what you read, what you write, where you go, how much you spend, whom you support, and with whom you communicate. Computers guided by artificial intelligence now do the tedious work of trolling social media, the internet, text messages and phone calls for potentially anti-government remarks—all of which is carefully recorded, documented, and stored to be used against you someday at a time and place of the government’s choosing.

This is the world that science fiction author Philip K. Dick envisioned for Minority Report 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 will crack a few skulls in order to bring the populace under control.

In Dick’s dystopian police state, the police combine widespread surveillance, behavior prediction technologies, data mining and precognitive technology to capture would-be criminals before they can do any damage: precrime.

In the film Minority Report, the technology that John Anderton, Chief of the Department of Pre-Crime in Washington, DC, relies on for his predictive policing proves to be fallible, identifying him as the next would-be criminal and targeting him for preemptive measures. Consequently, Anderton finds himself not only attempting to prove his innocence but forced to take drastic measures in order to avoid capture in a surveillance state that uses biometric data and sophisticated computer networks to track its citizens.

With every passing day, the American police state moves that much closer to mirroring the fictional pre-crime prevention world of Minority Report.

For instance, police in major American cities have been using predictive policing technology that allows them to identify individuals—or groups of individuals—most likely to commit a crime in a given community. Those individuals are then put on notice that their movements and activities will be closely monitored and any criminal activity (by them or their associates) will result in harsh penalties.

In other words, the burden of proof is reversed: you are guilty before you are given any chance to prove you are innocent.

Dig beneath the surface of this kind of surveillance/police state, however, and you will find that the real purpose of pre-crime is not safety but control.

Red flag gun laws merely push us that much closer towards a suspect society where everyone is potentially guilty of some crime or another and must be preemptively rendered harmless.

Again, where many Americans go wrong is in naively assuming that you have to be doing something illegal or harmful in order to be flagged and targeted for some form of intervention or detention.

In fact, U.S. police agencies have been working to identify and manage potential extremist “threats,” violent or otherwise, before they can become actual threats for some time now.

In much the same way that the USA Patriot Act was used as a front to advance the surveillance state, allowing the government to establish a far-reaching domestic spying program that turned every American citizen into a criminal suspect, the government’s anti-extremism program renders otherwise lawful, nonviolent activities as potentially extremist.

In fact, all you need to do these days to end up on a government watch list or be subjected to heightened scrutiny is use certain trigger words (like cloud, pork and pirates), surf the internet, communicate using a cell phone, limp or stutterdrive a car, stay at a hotel, attend a political rally, express yourself on social mediaappear mentally ill, serve in the militarydisagree with a law enforcement officialcall in sick to work, purchase materials at a hardware store, take flying or boating lessons, appear suspicious, appear confused or nervous, fidget or whistle or smell bad, be seen in public waving a toy gun or anything remotely resembling a gun (such as a water nozzle or a remote control or a walking cane), stare at a police officer, question government authority, or appear to be pro-gun or pro-freedom.

Be warned: once you get on such a government watch list—whether it’s a terrorist watch list, a mental health watch list, a dissident watch list, or a red flag gun watch list—there’s no clear-cut way to get off, whether or not you should actually be on there.

You will be tracked wherever you go.

You will be flagged as a potential threat and dealt with accordingly.

This is pre-crime on an ideological scale and it’s been a long time coming.

The government has been building its pre-crime, surveillance network in concert with fusion centers (of which there are 78 nationwide, with partners in the corporate sector and globally), 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 which life experiences alter one’s genetic makeup).

If you’re not scared yet, you should be.

Connect the dots.

Start with the powers amassed by the government under the USA Patriot Act, note the government’s ever-broadening definition of what it considers to be an “extremist,” then add in the government’s detention powers under NDAA, the National Security Agency’s far-reaching surveillance networks, and fusion centers that collect and share surveillance data between local, state and federal police agencies.

To that, add tens of thousands of armed, surveillance drones and balloons that are beginning to blanket American skies, facial recognition technology that will identify and track you wherever you go and whatever you do. And then to complete the picture, toss in the real-time crime centers being deployed in cities across the country, which will be attempting to “predict” crimes and identify so-called criminals before they happen based on widespread surveillance, complex mathematical algorithms and prognostication programs.

Hopefully you’re starting to understand how easy we’ve made it for the government to identify, label, target, defuse and detain anyone it views as a potential threat for a variety of reasons that run the gamut from mental illness to having a military background to challenging its authority to just being on the government’s list of persona non grata.

There’s always a price to pay for standing up to the powers-that-be.

Yet as I make clear in my book Battlefield America: The War on the American People, you don’t even have to be a dissident to get flagged by the government for surveillance, censorship and detention.

All you really need to be is a citizen of the American police state.

_______________

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

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

“Every day I ask myself the same question: How can this be happening in America? How can people like these be in charge of our country? If I didn’t see it with my own eyes, I’d think I was having a hallucination.”—Philip Roth, novelist

It is easy to be distracted right now by the circus politics that have dominated the news headlines for the past year, but don’t be distracted.

Don’t be fooled, not even a little, no matter how tempting it seems to just take a peek.

We’re being subjected to the oldest con game in the books, the magician’s sleight of hand that keeps you focused on the shell game in front of you while your wallet is being picked clean by ruffians in your midst.

This is how tyranny rises and freedom falls.

What characterizes American government today is not so much dysfunctional politics as it is ruthlessly contrived governance carried out behind the entertaining, distracting and disingenuous curtain of political theater. And what political theater it is, diabolically Shakespearean at times, full of sound and fury, yet in the end, signifying nothing.

We are being ruled by a government of scoundrels, spies, thugs, thieves, gangsters, ruffians, rapists, extortionists, bounty hunters, battle-ready warriors and cold-blooded killers who communicate using a language of force and oppression.

Our nation of sheep has, as was foretold, given rise to a government of wolves.

The U.S. government now poses the greatest threat to our freedoms.

More than terrorism, more than domestic extremism, more than gun violence and organized crime, even more than the perceived threat posed by any single politician, the U.S. government remains 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.

This has been true of virtually every occupant of the White House in recent years.

Unfortunately, nothing has changed for the better since Donald Trump ascended to the Oval Office.

Indeed, Trump may be the smartest move yet by the powers-that-be to keep the citizenry divided and at each other’s throats, because as long as we’re busy fighting each other, we’ll never manage to present a unified front against tyranny in any form.

As American satirist H.L. Mencken predicted almost a century ago:

“All the odds are on the man who is, intrinsically, the most devious and mediocre — the man who can most adeptly disperse the notion that his mind is a virtual vacuum. The Presidency tends, year by year, to go to such men. As democracy is perfected, the office of president represents, more and more closely, the inner soul of the people. On some great and glorious day the plain folks of the land will reach their heart’s desire at last and the White House will be adorned by a downright moron.”

In other words, nothing has changed, folks.

The facts speak for themselves.

We’re being robbed blind by a government of thieves. Americans no longer have any real protection against government agents empowered to seize private property at will. For instance, police agencies under the guise of asset forfeiture laws are taking Americans’ personal property based on little more than a suspicion of criminal activity and keeping it for their own profit and gain. In one case, police seized $53,000 from the manager of a Christian rock band that was touring and raising money for an orphanage in Thailand. Despite finding no evidence of wrongdoing, police kept the money. Homeowners are losing their homes over nonpayment of taxes (for as little as $400 owed) and municipal bills such as water or sewer fees that amount to a fraction of what they have invested in their homes. And then there’s the Drug Enforcement Agency, which has been searching train and airline passengers and pocketing their cash, without ever charging them with a crime.

We’re being taken advantage of by a government of scoundrels, idiots and cowards. Mencken calculated that “Congress consists of one-third, more or less, scoundrels; two-thirds, more or less, idiots; and three-thirds, more or less, poltroons.” By and large, Americans seem to agree. When you’ve got government representatives who spend a large chunk of their work hours fundraising, being feted by lobbyists, shuffling through a lucrative revolving door between public service and lobbying, and making themselves available to anyone with enough money to secure access to a congressional office, you’re in the clutches of a corrupt oligarchy. Mind you, these same elected officials rarely read the legislation they’re enacting, nor do they seem capable of enacting much legislation that actually helps the plight of the American citizen. More often than not, the legislation lands the citizenry in worse straits.

We’re being locked up by a government of greedy jailers. We have become a carceral state, spending three times more on our prisons than on our schools and imprisoning close to a quarter of the world’s prisoners, despite the fact that crime is at an all-time low and the U.S. makes up only 5% of the world’s population. The rise of overcriminalization and profit-driven private prisons provides even greater incentives for locking up American citizens for such non-violent “crimes” as having an overgrown lawn.  As the Boston Review points out, “America’s contemporary system of policing, courts, imprisonment, and parole … makes money through asset forfeiture, lucrative public contracts from private service providers, and by directly extracting revenue and unpaid labor from populations of color and the poor. In states and municipalities throughout the country, the criminal justice system defrays costs by forcing prisoners and their families to pay for punishment. It also allows private service providers to charge outrageous fees for everyday needs such as telephone calls. As a result people facing even minor criminal charges can easily find themselves trapped in a self-perpetuating cycle of debt, criminalization, and incarceration.”

We’re being spied on by a government of Peeping Toms. The government is watching everything you do, reading everything you write, listening to everything you say, and monitoring everything you spend. Omnipresent surveillance is paving the way for government programs that profile citizens, document their behavior and attempt to predict what they might do in the future, whether it’s what they might buy, what politician they might support, or what kinds of crimes they might commit. The impact of this far-reaching surveillance, according to Psychology Today, is “reduced trust, increased conformity, and even diminished civic participation.” As technology analyst Jillian C. York concludes, “Mass surveillance without due process—whether undertaken by the government of Bahrain, Russia, the US, or anywhere in between—threatens to stifle and smother that dissent, leaving in its wake a populace cowed by fear.”

We’re being ravaged by a government of ruffians, rapists and killers. It’s not just the police shootings of unarmed citizens that are worrisome. It’s the SWAT team raids gone wrongmore than 80,000 annually—that are leaving innocent citizens wounded, children terrorized and family pets killed. It’s the roadside strip searches—in some cases, cavity searches of men and women alike carried out in full view of the public—in pursuit of drugs that are never found. It’s the potentially lethal—and unwarranted—use of so-called “nonlethal” weapons such as tasers on children for “mouthing off to a police officer. For trying to run from the principal’s office. For, at the age of 12, getting into a fight with another girl.”

We’re being forced to surrender our freedoms—and those of our children—to a government of extortionists, money launderers and professional pirates. The American people have repeatedly been sold a bill of goods about how the government needs more money, more expansive powers, and more secrecy (secret courts, secret budgets, secret military campaigns, secret surveillance) in order to keep us safe. Under the guise of fighting its wars on terror, drugs and now domestic extremism, the government has spent billions in taxpayer dollars on endless wars that have notended terrorism but merely sown the seeds of blowback, surveillance programs that have caught few terrorists while subjecting all Americans to a surveillance society, and militarized police that have done little to decrease crime while turning communities into warzones. Not surprisingly, the primary ones to benefit from these government exercises in legal money laundering have been the corporations, lobbyists and politicians who inflict them on a trusting public.

We’re being held at gunpoint by a government of soldiers: a standing army. As if it weren’t enough that the American military empire stretches around the globe (and continues to leech much-needed resources from the American economy), the U.S. government is creating its own standing army of militarized police and teams of weaponized bureaucrats. These civilian employees are being armed to the hilt with guns, ammunition and military-style equipment; authorized to make arrests; and trained in military tactics. Among the agencies being supplied with night-vision equipment, body armor, hollow-point bullets, shotguns, drones, assault rifles and LP gas cannons are the Smithsonian, U.S. Mint, Health and Human Services, IRS, FDA, Small Business Administration, Social Security Administration, National Oceanic and Atmospheric Administration, Education Department, Energy Department, Bureau of Engraving and Printing and an assortment of public universities. There are now reportedly more bureaucratic (non-military) government civilians armed with high-tech, deadly weapons than U.S. Marines. That doesn’t even begin to touch on the government’s arsenal, the transformation of local police into extensions of the military, and the speed with which the nation could be locked down under martial law depending on the circumstances.

Whatever else it may be—a danger, a menace, a threat—the U.S. government is certainly no friend to freedom.

To our detriment, the criminal class that Mark Twain mockingly referred to as Congress has since expanded to include every government agency that feeds off the carcass of our once-constitutional republic.

The government and its cohorts have conspired to ensure that the only real recourse the American people have to hold the government accountable or express their displeasure with the government is through voting, which is no real recourse at all.

Consider it: the penalties for civil disobedience, whistleblowing and rebellion are severe. If you refuse to pay taxes for government programs you believe to be immoral or illegal, you will go to jail. If you attempt to overthrow the government—or any agency thereof—because you believe it has overstepped its reach, you will go to jail. If you attempt to blow the whistle on government misconduct, you will go to jail. In some circumstances, if you even attempt to approach your elected representative to voice your discontent, you can be arrested and jailed.

You cannot have a republican form of government—nor a democratic one, for that matter—when the government views itself as superior to the citizenry, when it no longer operates for the benefit of the people, when the people are no longer able to peacefully reform their government, when government officials cease to act like public servants, when elected officials no longer represent the will of the people, when the government routinely violates the rights of the people and perpetrates more violence against the citizenry than the criminal class, when government spending is unaccountable and unaccounted for, when the judiciary act as courts of order rather than justice, and when the government is no longer bound by the laws of the Constitution.

For too long, the American people have obeyed the government’s dictates, no matter now unjust.

We have paid its taxes, penalties and fines, no matter how outrageous. We have tolerated its indignities, insults and abuses, no matter how egregious. We have turned a blind eye to its indiscretions and incompetence, no matter how imprudent. We have held our silence in the face of its lawlessness, licentiousness and corruption, no matter how illicit.

Oh how we have suffered.

How long we will continue to suffer depends on how much we’re willing to give up for the sake of freedom.

It may well be that Professor Morris Berman is correct: perhaps we are entering into the dark ages that signify the final phase of the American Empire. “It seems to me,” writes Berman, “that the people do get the government they deserve, and even beyond that, the government who they are, so to speak. In that regard, we might consider, as an extreme version of this… that Hitler was as much an expression of the German people at that point in time as he was a departure from them.”

For the moment, the American people seem content to sit back and watch the reality TV programming that passes for politics today. It’s the modern-day equivalent of bread and circuses, a carefully calibrated exercise in how to manipulate, polarize, propagandize and control a population.

As French philosopher Etienne de La Boétie observed half a millennium ago:

“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.”

The bait towards slavery. The price of liberty. The instruments of tyranny.

Yes, that sounds about right.

“We the people” have learned only too well how to be slaves. Worse, we have come to enjoy our voluntary servitude, which masquerades as citizenship.

Unfortunately, as I point out in my book Battlefield America: The War on the American People, we won’t be able to sustain this fiction much longer.

“Things fall apart,” wrote W.B. Yeats in his dark, forbidding poem “The Second Coming.” “The centre cannot hold; Mere anarchy is loosed upon the world… Surely some revelation is at hand.”

Wake up, America, and break free of your chains.

Something wicked this way comes.

WC: 2312

JWW BW CropABOUT JOHN W. WHITEHEAD

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

PUBLICATION GUIDELINES / REPRINT PERMISSION

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

 

We don’t need no education
We don’t need no thought control
No dark sarcasm in the classroom
Teachers leave them kids alone…
All in all it’s just another brick in the wall
All in all you’re just another brick in the wall.
—Pink Floyd, “Another Brick in the Wall”

The nation’s young people have been given front-row seats for an unfolding police drama that is rated R for profanity, violence and adult content.

In Arizona, a 7-year-old girl watched panic-stricken as a state trooper pointed his gun at her and her father during a traffic stop and reportedly threatened to shoot her father in the back (twice) based on the mistaken belief that they were driving a stolen rental car.

In Oklahoma, a 5-year-old boy watched as a police officer used a high-powered rifle to shoot his dog Opie multiple timesin his family’s backyard while other children were also present. The police officer was mistakenly attempting to deliver a warrant on a 10-year-old case for someone who hadn’t lived at that address in a decade.

In Maryland, a 5-year-old boy was shot when police exchanged gunfire with the child’s mother—eventually killing her—over a dispute that began when Korryn Gaines refused to accept a traffic ticket for driving without a license plate on her car.

It’s difficult enough raising a child in a world ravaged by war, disease, poverty and hate, but when you add the police state into the mix, it becomes near impossible to guard against the growing unease that some of the monsters of our age come dressed in government uniforms.

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.).

Unfortunately, now that school is back in session, life is that much worse for the children of the American police state.

The nation’s public schools—extensions of the world beyond the schoolhouse gates, a world that is increasingly hostile to freedom—have become microcosms of the American police state, containing almost every aspect of the militarized, intolerant, senseless, overcriminalized, legalistic, surveillance-riddled, totalitarian landscape that plagues those of us on the “outside.”

If your child is fortunate enough to survive his encounter with the public schools with his individuality and freedoms intact, you should count yourself fortunate.

Most students are not so lucky.

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.

Clearly, instead of making the schools safer, we have managed to make them more authoritarian.

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.

Roped into the government’s profit-driven campaign to keep the nation “safe” from drugs, weapons and terrorism, the schools have transformed themselves into quasi-prisons, complete with surveillance cameras, metal detectors, police patrols, zero tolerance policies, lock downs, drug sniffing dogs, strip searches and active shooter drills.

It used to be that if you talked back to a teacher, or played a prank on a classmate, or just failed to do your homework, you might find yourself in detention or doing an extra writing assignment after school.

That is no longer the case.

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.

For instance, a Virginia sixth grader, the son of two school teachers and a member of the school’s gifted program, was suspended for a year after school officials found a leaf (likely a maple leaf) in his backpack that they suspected was marijuana. Despite the fact that the leaf in question was not marijuana (a fact that officials knew almost immediately), the 11-year-old was still kicked out of school, charged with marijuana possession in juvenile court, enrolled in an alternative school away from his friends, subjected to twice-daily searches for drugs, and forced to be evaluated for substance abuse problems.

Look-alike weapons (toy guns—even Lego-sized ones, hand-drawn pictures of guns, pencils twirled in a “threatening” manner, imaginary bows and arrows, even fingers positioned like guns) can also land a student in hot water.

Acts of kindness, concern or basic manners can also result in suspensions. 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 wassuspended for saying “bless you” after a fellow classmate sneezed.

Consider that by the time the average young person in America finishes their public school education, nearly one out of every three of them will have been arrested.

More than 3 million students are suspended or expelled from schools every year, often for minor misbehavior, such as “disruptive behavior” or “insubordination.” Black students are three times more likely than white students to face suspension and expulsion.

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.”

Moreover, just as militarized police who look, think and act like soldiers on a battlefield have made our communities less safe, the growing presence of police in the nation’s schools is resulting in environments in which it’s no longer safe for children to act like children.

Thanks to a combination of media hype, political pandering and financial incentives, the use of armed police officers to patrol school hallways has risen dramatically in recent years. Funded by the U.S. Department of Justice, these school resource officers 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.

The horror stories are legion.

One school police officer was accused of punching a 13-year-old student in the face for cutting the cafeteria line. Thatsame 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.

Defending the use of handcuffs and pepper spray to subdue students, one Alabama police department reasoned that if they can employ such tactics on young people away from school, they should also be permitted to do so on campus.

Now advocates for such harsh police tactics and weaponry will tell you that school safety should be our first priority.

What they might fail to mention in their zeal to lock down the schools are the lucrative, multi-million dollar deals being cut with military contractors to equip school cops with tasers, tanks, rifles and $100,000 shooting detection systems.

Indeed, the militarization of the police has been mirrored in the public schools, where school police have been gifted with high-powered M16 rifles, MRAP armored vehicles, grenade launchers, and other military gear. One Texas school district even boasts its own 12-member SWAT team.

According to one law review article on the school-to-prison pipeline, “Many school districts have formed their own police departments, some so large they rival the forces of major United States cities in size. For example, the safety division in New York City’s public schools is so large that if it were a local police department, it would be the fifth-largest police force in the country.”

The term “school-to-prison pipeline” refers to a phenomenon in which children who are suspended or expelled from school have a greater likelihood of ending up in jail.

What we’re grappling with, you see, is not merely a public school system that resembles a prison and is treating young people like prisoners but also a profit-driven system of incarceration has given rise to a growth in juvenile prisons and financial incentives for jailing young people.

Indeed, young people have become easy targets for the private prison industry, which profits from criminalizing childish behavior and jailing young people. Nearly 40 percent of young people who are arrested will serve time in a private prison, where the emphasis is on making profits for large megacorporations above all else.

It has been said that America’s schools are the training ground for future generations.

Instead of raising up a generation of freedom fighters, however, we seem to be busy churning 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.

As I point out in my book Battlefield America: The War on the American People, it’s getting harder by the day to convince young people that we live in a nation that values freedom and which is governed by the rule of law.

Battlefield_Cover_300With every school police raid and overzealous punishment that is carried out in the name of school safety, the lesson being imparted is that Americans—especially young people—have no rights at all against the state or the police.

The bottom line is this: 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.

But if 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.

_____

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