Posts Tagged ‘militarized police’

Never in the civilised world have so many been locked up for so little.”—“Rough Justice in America,” The Economist

Why are we seeing such an uptick in Americans being arrested for such absurd “violations” as letting their kids play at a park unsupervised, collecting rainwater and snow runoff on their own property, growing vegetables in their yard, and holding Bible studies in their living room?

Mind you, we’re not talking tickets or fines or even warnings being issued to these so-called “lawbreakers.” We’re talking felony charges, handcuffs, police cars, mug shots, pat downs, jail cells and criminal records.

Consider what happened to Nicole Gainey, the Florida mom who was arrested and charged with child neglect for allowing her 7-year-old son to visit a neighborhood playground located a half mile from their house.

For the so-called “crime” of allowing her son to play at the park unsupervised, Gainey was interrogated, arrested and handcuffed in front of her son, and transported to the local jail where she was physically searched, fingerprinted, photographed and held for seven hours and then forced to pay almost $4000 in bond in order to return to her family. Gainey’s family and friends were subsequently questioned by the Dept. of Child Services. Gainey now faces a third-degree criminal felony charge that carries with it a fine of up to $5,000 and 5 years in jail.

For Denise Stewart, just being in the wrong place at the wrong time, whether or not she had done anything wrong, was sufficient to get her arrested.

The 48-year-old New York grandmother was dragged half-naked out of her apartment and handcuffed after police mistakenly raided her home when responding to a domestic disturbance call. Although it turns out the 911 call came from a different apartment on a different floor, Stewart is still facing charges of assaulting a police officer and resisting arrest.

And then there are those equally unfortunate individuals who unknowingly break laws they never even knew existed. John Yates is such a person. A commercial fisherman, Yates was sentenced to 30 days in prison and three years of supervised release for throwing back into the water some small fish which did not meet the Florida Fish and Wildlife Commission’s size restrictions. Incredibly, Yates was charged with violating a document shredding provision of the Sarbanes-Oxley Act, which was intended to prevent another Enron scandal.

The list of individuals who have suffered similar injustices at the hands of a runaway legal system is growing, ranging from the orchid grower jailed for improper paperwork and the lobstermen charged with importing lobster tails in plastic bags rather than cardboard boxes to the former science teacher labeled a federal criminal for digging for arrowheads in his favorite campsite.

As awful as these incidents are, however, it’s not enough to simply write them off as part of the national trend towards overcriminalization—although it is certainly that. Thanks to an overabundance of 4500-plus federal crimes and 400,000 plus rules and regulations, it’s estimated that the average American actually commits three felonies a day without knowing it.

Nor can we just chalk them up as yet another symptom of an overzealous police state in which militarized police attack first and ask questions later—although it is that, too.

Nor is the problem that we’re a crime-ridden society. In fact, it’s just the opposite. The number of violent crimes in the country is down substantially, the lowest rate in 40 years, while the number of Americans being jailed for nonviolent crimes, such as driving with a suspended license, is skyrocketing.

So what’s really behind this drive to label Americans as criminals?

A Government of Wolves book coverAs with most things, if you want to know the real motives behind any government program, follow the money trail. When you dig down far enough, as I document in my book A Government of Wolves: The Emerging American Police State, you quickly find that those who profit from Americans being arrested are none other than the police who arrest them, the courts which try them, the prisons which incarcerate them, and the corporations, which manufacture the weapons and equipment used by police, build and run the prisons, and profit from the cheap prison labor.

Talk about a financial incentive.

First, there’s the whole make-work scheme. In the absence of crime, in order to keep the police and their related agencies employed, occupied, and utilizing the many militarized “toys” passed along by the Department of Homeland Security, one must invent new crimes—overcriminalization—and new criminals to be spied on, targeted, tracked, raided, arrested, prosecuted and jailed. Enter the police state.

Second, there’s the profit-incentive for states to lock up large numbers of Americans in private prisons. Just as police departments have quotas for how many tickets are issued and arrests made per month—a number tied directly to revenue—states now have quotas to meet for how many Americans go to jail. Having outsourced their inmate population to private prisons run by corporations such as Corrections Corp of America and the GEO Group, ostensibly as a way to save money, increasing numbers of states have contracted to keep their prisons at 90% to 100% capacity. This profit-driven form of mass punishment has, in turn, given rise to a $70 billion private prison industry that relies on the complicity of state governments to keep the money flowing and their privately run prisons full. No wonder the United States has the largest prison population in the world.

But what do you do when you’ve contracted to keep your prisons full but crime rates are falling? Easy. You create new categories of crime and render otherwise law-abiding Americans criminals. Notice how we keep coming full circle back to the point where it’s average Americans like you and me being targeted and turned into enemies of the state?

That brings me to the third factor contributing to Americans being arrested, charged with outrageous “crimes,” and jailed: the Corporate State’s need for profit and cheap labor. Not content to just lock up millions of people, corporations have also turned prisoners into forced laborers.

According to professors Steve Fraser and Joshua B. Freeman, “All told, nearly a million prisoners are now making office furniture, working in call centers, fabricating body armor, taking hotel reservations, working in slaughterhouses, or manufacturing textiles, shoes, and clothing, while getting paid somewhere between 93 cents and $4.73 per day.” Tens of thousands of inmates in U.S. prisons are making all sorts of products, from processing agricultural products like milk and beef, to packaging Starbucks coffee, to shrink-wrapping software for companies like Microsoft, to sewing lingerie for Victoria’s Secret.

What some Americans may not have realized, however, is that America’s economy has come to depend in large part on prison labor. “Prison labor reportedly produces 100 percent of military helmets, shirts, pants, tents, bags, canteens, and a variety of other equipment. Prison labor makes circuit boards for IBM, Texas Instruments, and Dell. Many McDonald’s uniforms are sewn by inmates. Other corporations—Microsoft, Victoria’s Secret, Boeing, Motorola, Compaq, Revlon, and Kmart—also benefit from prison labor.” The resulting prison labor industries, which rely on cheap, almost free labor, are doing as much to put the average American out of work as the outsourcing of jobs to China and India.

No wonder America is criminalizing mundane activities, arresting Americans for minor violations, and locking them up for long stretches of time. There’s a significant amount of money being made by the police, the courts, the prisons, and the corporations.

What we’re witnessing is the expansion of corrupt government power in the form of corporate partnerships which both increase the reach of the state into our private lives while also adding a profit motive into the mix, with potentially deadly consequences.

This perverse mixture of government authoritarianism and corporate profits is now the prevailing form of organization in American society today. We are not a nation dominated by corporations, nor are we a nation dominated by government. We are a nation dominated by corporations and government together, in
partnership, against the interests of individuals, society and ultimately our freedoms.

If it sounds at all conspiratorial, the idea that a government would jail its citizens so corporations can make a profit, then you don’t know your history very well. It has been well documented that Nazi Germany forced inmates into concentration camps such as Auschwitz to provide cheap labor to BASF, Bayer, Hoechst, and other major German chemical and pharmaceutical companies, much of it to produce products for European countries.

Makes you wonder, doesn’t it, whether what we are experiencing right now is fascism, American style, or Auschwitz revisited?

“The greatest evil is not now done in those sordid ‘dens of crime’ that Dickens loved to paint. It is not done even in concentration camps and labour camps. In those we see its final result. But it is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voices. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the office of a thoroughly nasty business concern.”—C.S. Lewis, The Screwtape Letters

Whether it’s the working mother arrested for letting her 9-year-old play unsupervised at a playground, the teenager forced to have his genitals photographed by police, the underage burglar sentenced to 23 years for shooting a retired police dog, or the 43-year-old man who died of a heart attack after being put in a chokehold by NYPD officers allegedly over the sale of untaxed cigarettes, the theater of the absurd that passes for life in the American police state grows more tragic and incomprehensible by the day.

Debra Harrell, a 46-year-old South Carolina working mother, was arrested, charged with abandonment and had her child placed in state custody after allowing the 9-year-old to spend unsupervised time at a neighborhood playground while the mom worked a shift at McDonald’s. Mind you, the child asked to play outside, was given a cell phone in case she needed to reach someone, and the park—a stone’s throw from the mom’s place of work—was overrun with kids enjoying its swings, splash pad, and shade.

A Connecticut mother was charged with leaving her 11-year-old daughter in the car unsupervised while she ran inside a store—despite the fact that the child asked to stay in the car and was not overheated or in distress. A few states away, a New Jersey man was arrested and charged with endangering the welfare of his children after leaving them in a car parked in a police station parking lot, windows rolled down, while he ran inside to pay a ticket.

A Virginia teenager was charged with violating the state’s sexting law after exchanging sexually provocative videos with his girlfriend. Instead of insisting that the matter be dealt with as a matter of parental concern, police charged the boy with manufacturing and distributing child pornography and issued a search warrant to “medically induce an erection” in the 17-year-old boy in order to photograph his erect penis and compare it to the images sent in the sexting exchange.  The police had already taken an initial photograph of the boy’s penis against his will, upon his arrest.

In Georgia, a toddler had his face severely burned when a flash bang grenade, launched by a SWAT team during the course of a no-knock warrant, landed in his portable crib, detonating on his pillow. Also in Georgia, a police officer shot and killed a 17-year-old boy who answered the door, reportedly with a Nintendo Wii controller in his hands. The cop claimed the teenager pointed a gun at her, thereby justifying the use of deadly force. Then there was the incident wherein a police officer, responding to a complaint that some children were “chopping off tree limbs” creating “tripping hazards,” pulled a gun on a group of 11-year-old boys who were playing in a wooded area, attempting to build a tree fort.

While the growing phenomenon of cops shooting family pets only adds to the insanity (it is estimated that a family pet is killed by law enforcement every 98 minutes in America), it’s worse for those who dare to shoot a police dog. Ivins Rosier was 16 when he broke into the home of a Florida highway patrol officer and shot (although he didn’t kill) the man’s retired police dog. For his crime, the teenager was sentenced to 23 years in prison, all the while police officers who shoot family pets are rarely reprimanded.

Meanwhile if you’re one of those hoping to live off the grid, independent of city resources, you might want to think again. Florida resident Robin Speronis was threatened with eviction for living without utilities. Speronis was accused of violating the International Property Maintenance Code by relying on rain water instead of the city water system and solar panels instead of the electric grid.

Now we can shrug these incidents off as isolated injustices happening to “other” people. We can rationalize them away by suggesting that these people “must” have done something to warrant such treatment. Or we can acknowledge that this slide into totalitarianism—helped along by overcriminalization, government surveillance, militarized police, neighbors turning in neighbors, privatized prisons, and forced labor camps, to name just a few similarities—is tracking very closely with what we saw happening in Germany in the years leading up to Hitler’s rise to power.

When all is said and done, what these incidents reflect is a society that has become so bureaucratic, so legalistic, so politically correct, so militaristic, so locked down, so self righteous, and so willing to march in lockstep with the corporate-minded police state that any deviations from the norm—especially those that offend the sensibilities of the “government-knows-best” nanny state or challenge the powers that be—become grist for prosecution, persecution and endless tribulations for the poor souls who are caught in the crosshairs.

Then there are the incidents, less colorful perhaps but no less offensive to the sensibilities of any freedom-loving individual, which should arouse outrage among the populace but often slip under the radar of a sleeping nation.

For instance, not only is the NSA spying on and collecting the content of your communications, but it’s also going to extreme lengths to label as “extremists” anyone who attempts to protect their emails from the government’s prying eyes. Adding insult to injury, those same government employees and contractors spying on Americans’ private electronic communications are also ogling their private photos. Recent revelations indicate that NSA employees routinely pass around intercepted nude photos, considered a “fringe benefit” of surveillance positions.

A trove of leaked documents reveals the government’s unmitigated gall in labeling Americans as terrorists for little more than being suspected of committing “any act that is ‘dangerous’ to property and intended to influence government policy through intimidation.” As The Intercept reports: “This combination—a broad definition of what constitutes terrorism and a low threshold for designating someone a terrorist—opens the way to ensnaring innocent people in secret government dragnets.” All the while, the TSA, despite the billions of dollars we spend on the agency annually and the liberties to which its agents subject travelers, has yet to catch a single terrorist.

No less disconcerting are the rash of incidents in which undercover government agents encourage individuals to commit crimes they might not have engaged in otherwise. This “make work” entrapment scheme runs the gamut from terrorism to drugs. In fact, a recent report released by Human Rights Watch reveals that “nearly all of the highest-profile domestic terrorism plots in the United States since 9/11 featured the ‘direct involvement’ of government agents or informants.”

Most outrageous of all are the asset forfeiture laws that empower law enforcement to rake in huge sums of money by confiscating cash, cars, and even homes based on little more than a suspicion of wrongdoing. In this way, Americans who haven’t been charged with a crime, let alone convicted of wrongdoing, are literally being subjected to highway robbery by government agents offering profit-driven, cash-for-freedom deals.

So who or what is to blame for this bureaucratic nightmare delivered by way of the police state? Is it the White House? Is it Congress? Is it the Department of Homeland Security, with its mobster mindset? Is it some shadowy, power-hungry entity operating off a nefarious plan?

Or is it, as Holocaust survivor Hannah Arendt suggests, the sheepish masses who mindlessly march in lockstep with the government’s dictates—expressing no outrage, demanding no reform, and issuing no challenge to the status quo—who are to blame for the prison walls being erected around us? The author of The Origins of Totalitarianism, Arendt warned that “the greatest evil perpetrated is the evil committed by nobodies, that is, by human beings who refuse to be persons.”

This is where democracy falls to ruin, and bureaucracy and tyranny prevail.

 

A Government of Wolves book coverAs I make clear in my book A Government of Wolves: The Emerging American Police State, we have only ourselves to blame for this bureaucratic hell that has grown up around us. Too many of us willingly, knowingly and deliberately comprise what Arendt refers to as “cogs in the mass-murder machine.”

These cogs are none other than those of us who have turned a blind eye to the government corruption, or shrugged dismissively at the ongoing injustices, or tuned out the mayhem in favor of entertainment distractions. Just as guilty are those who have traded in their freedoms for a phantom promise of security, not to mention those who feed the machine unquestioningly with their tax dollars and partisan politics.

And then there are those who work for the government, federal, state, local or contractor. These government employees—the soldiers, the cops, the technicians, the social workers, etc.—are neither evil nor sadistic. They’re simply minions being paid to do a job, whether that job is to arrest you, spy on you, investigate you, crash through your door, etc. However, we would do well to remember that those who worked at the concentration camps and ferried the victims to the gas chambers were also just “doing their jobs.”

Then again, if we must blame anyone, blame the faceless, nameless, bureaucratic government machine—which having been erected and set into motion is nearly impossible to shut down—for the relentless erosion of our freedoms through a million laws, statutes, and prohibitions.

If there is any glimmer of hope to be found, it will be at the local level, but we cannot wait for things to get completely out of control. If you wait to act until the SWAT team is crashing through your door, until your name is placed on a terror watch list, until you are reported for such outlawed activities as collecting rainwater or letting your children play outside unsupervised, then it will be too late.

Obedience is the precondition to totalitarianism, and the precondition to obedience is fear. Regimes of the past and present understand this. “The very first essential for success,” Hitler wrote in Mein Kampf, “is a perpetually constant and regular employment of violence.” Is this not what we are seeing now with the SWAT teams and the security checkpoints and the endless wars?

This much I know: we are not faceless numbers. We are not cogs in the machine. We are not slaves. We are people, and free people at that. As the Founders understood, our freedoms do not flow from the government. They were not given to us, to be taken away at the will of the State; they are inherently ours. In the same way, the government’s appointed purpose is not to threaten or undermine our freedoms, but to safeguard them.

Until we can get back to this way of thinking, until we can remind Americans what it really means to be a free American, and learn to stand our ground in the face of threats to those freedoms, and encourage our fellow citizens to stop being cogs in the machine, we will continue as slaves in thrall to the bureaucratic police state.

VIPR

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

“Here [in New Mexico], we are moving more toward a national police force. Homeland Security is involved with a lot of little things around town. Somebody in Washington needs to call a timeout.”–Dan Klein, retired Albuquerque Police Department sergeant

If the United States is a police state, then the Department of Homeland Security (DHS) is its national police force, with all the brutality, ineptitude and corruption such a role implies. In fact, although the DHS’ governmental bureaucracy may at times appear to be inept and bungling, it is ruthlessly efficient when it comes to building what the Founders feared most–a standing army on American soil.

The third largest federal agency behind the Departments of Veterans Affairs and Defense, the DHS–with its 240,000 full-time workers, $61 billion budget and sub-agencies that include the Coast Guard, Customs and Border Protection, Secret Service, Transportation Security Administration (TSA) and the Federal Emergency Management Agency (FEMA)–has been aptly dubbed a “runaway train.”

In the 12 years since it was established to “prevent terrorist attacks within the United States,” the DHS has grown from a post-9/11 knee-jerk reaction to a leviathan with tentacles in every aspect of American life. With good reason, a bipartisan bill to provide greater oversight and accountability into the DHS’ purchasing process has been making its way through Congress.

A better plan would be to abolish the DHS altogether. In making the case for shutting down the de facto national police agency, analyst Charles Kenny offers the following six reasons: one, the agency lacks leadership; two, terrorism is far less of a threat than it is made out to be; three, the FBI has actually stopped more alleged terrorist attacks than DHS; four, the agency wastes exorbitant amounts of money with little to show for it; five, “An overweight DHS gets a free pass to infringe civil liberties without a shred of economic justification”; and six, the agency is just plain bloated.

To Kenny’s list, I will add the following: The menace of a national police force, a.k.a. a standing army, vested with so much power cannot be overstated, nor can its danger be ignored. Indeed, as the following list shows, just about every nefarious deed, tactic or thuggish policy advanced by the government today can be traced back to the DHS, its police state mindset, and the billions of dollars it distributes to police agencies in the form of grants.

Militarizing police and SWAT teams. The DHS routinely hands out six-figure grants to enable local municipalities to purchase military-style vehicles, as well as a veritable war chest of weaponry, ranging from tactical vests, bomb-disarming robots, assault weapons and combat uniforms. This rise in military equipment purchases funded by the DHS has, according to analysts Andrew Becker and G.W. Schulz, “paralleled an apparent increase in local SWAT teams.” The end result? An explosive growth in the use of SWAT teams for otherwise routine police matters, an increased tendency on the part of police to shoot first and ask questions later, and an overall mindset within police forces that they are at war–and the citizenry are the enemy combatants.

Spying on activists, dissidents and veterans. In 2009, DHS released three infamous reports on Rightwing and Leftwing “Extremism,” and another entitled Operation Vigilant Eagle, outlining a surveillance program targeting veterans. The reports collectively and broadly define extremists as individuals and groups “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely.” In 2013, it was revealed that DHS, the FBI, state and local law enforcement agencies, and the private sector were working together to conduct nationwide surveillance on protesters’ First Amendment activities.

Stockpiling ammunition. DHS, along with other government agencies, has been stockpiling an alarming amount of ammunition in recent years, which only adds to the discomfort of those already leery of the government. As of 2013, DHS had 260 million rounds of ammo in stock, which averages out to between 1,300 to 1,600 rounds per officer. The US Army, in contrast, has roughly 350 rounds per soldier. DHS has since requisitioned more than 1.6 billion rounds of ammo, “enough,” concludes Forbes magazine, “to sustain a hot war for 20+ years.”

Distributing license plate readers. DHS has already distributed more than $50 million in grants to enable local police agencies to acquire license plate readers, which rely on mobile cameras to photograph and identify cars, match them against a national database, and track their movements. Relying on private contractors to maintain a license plate database allows the DHS and its affiliates to access millions of records without much in the way of oversight.

Contracting to build detention camps. In 2006, DHS awarded a $385 million contract to a Halliburton subsidiary to build detention centers on American soil. Although the government and Halliburton were not forthcoming about where or when these domestic detention centers would be built, they rationalized the need for them in case of “an emergency influx of immigrants, or to support the rapid development of new programs” in the event of other emergencies such as “natural disasters.” Viewed in conjunction with the NDAA provision allowing the military to arrest and indefinitely detain anyone, including American citizens, it would seem the building blocks are already in place for such an eventuality.

Tracking cell-phones with Stingray devices. Distributed to local police agencies as a result of grants from the DHS, these Stingray devices enable police to track individuals’ cell phones–and their owners–without a court warrant or court order. The amount of information conveyed by these devices about one’s activities, whereabouts and interactions is considerable. As one attorney explained: “Because we carry our cellphones with us virtually everywhere we go, stingrays can paint a precise picture of where we are and who we spend time with, including our location in a lover’s house, in a psychologist’s office or at a political protest.”

Carrying out military drills and lockdowns in American cities. Each year, DHS funds military-style training drills in cities across the country. These Urban Shield exercises, elaborately staged with their own set of professionally trained Crisis Actors playing the parts of shooters, bystanders and victims, fool law enforcement officials, students, teachers, bystanders and the media into thinking it’s a real crisis.

Using the TSA as an advance guard. The TSA now searches a variety of government and private databases, including things like car registrations and employment information, in order to track travelers’ before they ever get near an airport. Other information collected includes “tax identification number, past travel itineraries, property records, physical characteristics, and law enforcement or intelligence information.”

Conducting virtual strip searches with full-body scanners. Under the direction of the TSA, American travelers have been subjected to all manner of searches ranging from whole-body scanners and enhanced patdowns at airports to bag searches in train stations. In response to public outrage over what amounted to a virtual strip search, the TSA has begun replacing the scanners with equally costly yet less detailed models. The old scanners will be used by prisons for now.

Carrying out soft target checkpoints. VIPR task forces, comprised of federal air marshals, surface transportation security inspectors, transportation security officers, behavior detection officers and explosive detection canine teams have laid the groundwork for the government’s effort to secure so-called “soft” targets such as malls, stadiums, bridges, etc. Some security experts predict that checkpoints and screening stations will eventually be established at all soft targets, such as department stores, restaurants, and schools. DHS’ Operation Shield, a program which seeks to check up on security protocols around the country with unannounced visits, conducted a surprise security exercise at the Social Security Administration building in Leesburg, Fla., when they subjected people who went to pick up their checks to random ID checks by federal agents armed with semi-automatic weapons.

Directing government workers to spy on Americans. Terrorism Liaison Officers are firefighters, police officers, and even corporate employees who have received training to spy on and report back to government entities on the day-to-day activities of their fellow citizens. These individuals are authorized to report “suspicious activity” which can include such innocuous activities as taking pictures with no apparent aesthetic value, making measurements and drawings, taking notes, conversing in code, espousing radical beliefs, and buying items in bulk.

Conducting widespread spying networks using fusion centers. Data collecting agencies spread throughout the country, aided by the National Security Agency, fusions centers–of which there are at least 78 scattered around the U.S.— constantly monitor our communications, collecting and cataloguing everything from our internet activity and web searches to text messages, phone calls and emails. This data is then fed to government agencies, which are now interconnected: the CIA to the FBI, the FBI to local police. Despite a budget estimated to be somewhere between $289 million and $1.4 billion, these fusion centers have proven to be exercises in incompetence, often producing irrelevant, useless or inappropriate intelligence, while spending millions of dollars on “flat-screen televisions, sport utility vehicles, hidden cameras and other gadgets.”

Carrying out Constitution-free border control searches. On orders from the DHS, the government’s efforts along the border have become little more than an exercise in police state power, ranging from aggressive checkpoints to the widespread use of drone technology, often used against American citizens traveling within the country. Border patrol operations occur within 100 miles of an international crossing, putting some 200 million Americans within the bounds of aggressive border patrol searches and seizures, as well as increasingly expansive drone surveillance. With 71 checkpoints found along the southwest border of the United States alone, suspicionless search and seizures on the border are rampant. Border patrol agents also search the personal electronic devices of people crossing the border without a warrant.

Funding city-wide surveillance cameras. As Charlie Savage reports for the Boston Globe, the DHS has funneled “millions of dollars to local governments nationwide for purchasing high-tech video camera networks, accelerating the rise of a ‘surveillance society’ in which the sense of freedom that stems from being anonymous in public will be lost.” These camera systems, installed on city streets, in parks and transit systems, operating in conjunction with sophisticated computer systems that boast intelligent video analytics, digital biometric identification, military-pedigree software for analyzing and predicting crime and facial recognition software, create a vast surveillance network that can target millions of innocent individuals.

Utilizing drones and other spybots. The DHS has been at the forefront of funding and deploying surveillance robots and drones for land, sea and air, including robots that resemble fish and tunnel-bots that can travel underground. Despite repeated concerns over the danger surveillance drones used domestically pose to Americans’ privacy rights, the DHS has continued to expand its fleet of Predator drones, which come equipped with video cameras, infrared cameras, heat sensors, and radar. DHS also loans its drones out to local, state, and federal law enforcement agencies for a variety of tasks, although the agency refuses to divulge any details as to how, why and in what capacity these drones are being used by police. Incredibly, the DHS has also been handing out millions of dollars in grants to local police agencies to “accelerate the adoption” of drones in their localities.

It’s not difficult to see why the DHS has been described as a “wasteful, growing, fear-mongering beast.” If it is a beast, however, it is a beast that is accelerating our nation’s transformation into a police state through its establishment of a standing army, a.k.a. national police force.

This, too, is nothing new. Historically, as I show in my book A Government of Wolves: The Emerging American Police State, the establishment of a national police force has served as a fundamental and final building block for every totalitarian regime that has ever wreaked havoc on humanity, from Hitler’s all-too-real Nazi Germany to George Orwell’s fictional Oceania. Whether fictional or historical, however, the calling cards of these national police agencies remain the same: brutality, inhumanity, corruption, intolerance, rigidity, and bureaucracy–in other words, evil.

Just as police states have arisen throughout history, there have also been individuals or groups of individuals who have risen up to challenge the injustices of their age. Jesus Christ, an itinerant preacher and revolutionary activist, was one such activist who lived and died in a police state—namely, the Roman Empire. Yet for all the religious accolades poured out upon Christ, little is said about the harsh realities of the world in which he lived and its similarities to modern-day America, and yet they are striking. Set against the backdrop of police brutality and militarization occurring in America today, “Jesus Lived in a Police State” is John Whitehead’s musical tribute to a revolutionary giant who forged a path of nonviolence for all to follow.

Click here to watch the music video.

 

 

For more of Whitehead’s analysis of the emerging American police state, read his new book, A Government of Wolves: The Emerging American Police State.

Outrageous examples of wasteful government spending from Sen. Coburn’s 2013 ‘Wastebook’

“To force a man to pay for the violation of his own liberty is indeed an addition of insult to injury.”—Benjamin Tucker, 19th century advocate of American individualist anarchism

The State Department wants $400,000 to purchase a fiberglass sculpture of a camel looking at a needle for its new embassy in Pakistan. They’ve already spent their allotted $630,000 to increase the number of “likes” and fans on their Facebook and Twitter pages. The NATO ambassador for the U.S. needs $700,000 for landscaping and gardening, the National Science Foundation would like $700,000 to put on a theatrical production about climate change, and the Senate staffers need $1.9 million for lifestyle coaching. Also, Yale University researchers could really use $384,000 so they can study the odd cork-screw shape of a duck’s penis.

I promise this is no belated April Fools’ joke. These are actual line items paid for by American taxpayers, whose tax dollars continue to be wasted on extravagant, unnecessary items that serve no greater purpose than to fatten the wallets of corporations and feed political graft (such as the $1 million bus stop, complete with heated benches and sidewalks which can only shelter 15 people and provides little protection from rain, snow, or the sun).

Case in point: despite the fact that we have 46 million Americans living at or below the poverty line, 16 million children living in households without adequate access to food, and at least 900,000 veterans relying on food stamps, enormous sums continue to be doled out for presidential vacations ($16 million for trips to Africa and Hawaii), overtime fraud at the Department of Homeland Security (nearly $9 million in improper overtime claims, and that’s just in six of the DHS’ many offices), and Hollywood movie productions ($10 million was spent by the Army National Guard on Superman movie tie-ins aimed at increasing awareness about the National Guard).

This doesn’t even touch on the astronomical amounts of money spent on dubious wars abroad.

Consider that since 2001, Americans have spent $10.5 million every hour for numerous foreign military occupations, including in Iraq and Afghanistan. There’s also the $2.2 million spent every hour on maintaining the United States’ nuclear stockpile, and the $35,000 spent every hour to produce and maintain our collection of Tomahawk missiles. And then there’s the money the government exports to other countries to support their arsenals, at the cost of $1.61 million every hour for the American taxpayers.

Then there’s the U.S. Supreme Court’s recent decision in McCutcheon v. FEC, which reinforces a government mindset in which the rights of the wealthy are affirmed by the courts, while the rights of average, working class Americans are routinely dismissed as secondary to corporate and governmental concerns. Under the guise of protecting free speech, a divided 5-4 Court did away with established limits on the number of candidates an individual can support with campaign contributions.

In doing so, the justices expanded on the Court’s landmark 2010 ruling in Citizens United v. FEC, which not only gave unfettered free speech rights to corporations but paved the way for corporations to spend unlimited amounts of money promoting candidates, especially presidential candidates. What this does, of course, is turn the ballot box into an auction block, wherein those who are “elected” to public office are bought and paid for by those who can afford to support their campaigns—namely, lobbyists, corporations and high-dollar donors. (Then again, perhaps it will remain status quo. According to a 2013 study by Trinity University, U.S. Senators do not take into account the opinions and wishes of their lower class constituents. Rather, their voting was aligned with their upper class constituents. This dismissal of lower class opinion held true for both Republican and Democratic Senators, themselves made up of millionaires.)

When all is said and done, what we are witnessing is the emergence of a disconcerting government mindset that interprets the Constitution one way for corporations, government entities and the wealthy, and uses a second measure altogether for average Americans. For example, contrast the Supreme Court’s affirmation of the “free speech” rights of corporations and wealthy donors in McCutcheon and Citizens United with its tendency to deny those same rights to average Americans when government interests abound, such as in its 2012 decision in Reichle v. Howards, where a unanimous Supreme Court allowed immunity protections for Secret Service agents to trump the free speech rights of Americans, and you’ll find a noticeable disparity.

Unfortunately, as I point out in my book A Government of Wolves: The Emerging American Police State, this constitutional double standard is coming to bear in all aspects of our lives, not just in the realm of campaign finance law. It allows lobbyists intimate access to our elected officials, while prohibiting Americans from even standing silently in protest near a government building; it grants immunity to police officers who shoot unarmed citizens, while harshly punishing Americans who attempt to defend themselves, mistaking a SWAT team raid for a home invasion; and it gives government agents carte blanche access to Americans’ communications and activities, while allowing the government to operate in secret, with secret hearings, secret budgets and secret agendas.

This is a far cry from how a representative government is supposed to operate. Indeed, it has been a long time since we could claim to be the masters of our own lives. Rather, we are now the subjects of a militarized, corporate empire in which the vast majority of the citizenry work their hands to the bone for the benefit of a privileged few.

Adding injury to the ongoing insult of having our tax dollars misused and our so-called representatives bought and paid for by the moneyed elite, the government then turns around and uses the money we earn with our blood, sweat and tears to target, imprison and entrap us, in the form of militarized police, surveillance cameras, private prisons, license plate readers, drones, and cell phone tracking technology.

All of those nefarious deeds that you read about in the paper every day: those are your tax dollars at work. It’s your money that allows for government agents to spy on your emails, your phone calls, your text messages, and your movements. It’s your money that allows out-of-control police officers to burst into innocent people’s homes, or probe and strip search motorists on the side of the road. And it’s your money that leads to innocent Americans across the country being prosecuted for innocuous activities such as raising chickens at home, growing vegetable gardens, and trying to live off the grid.

Just remember the next time you see a news story that makes your blood boil, whether it’s a police officer arresting someone for filming them in public, or a child being kicked out of school for shooting an imaginary arrow, or a homeowner being threatened with fines for building a pond in his backyard, remember that it is your tax dollars that are paying for these injustices.

So what are you going to do about it?

There was a time in our history when our forebears said “enough is enough” and stopped paying their taxes to what they considered an illegitimate government. They stood their ground and refused to support a system that was slowly choking out any attempts at self-governance, and which refused to be held accountable for its crimes against the people. Their resistance sowed the seeds for the revolution that would follow.

Unfortunately, in the 200-plus years since we established our own government, we’ve let bankers, turncoats and number-crunching bureaucrats muddy the waters and pilfer the accounts to such an extent that we’re back where we started. Once again, we’ve got a despotic regime with an imperial ruler doing as they please. Once again, we’ve got a judicial system insisting we have no rights under a government which demands that the people march in lockstep with its dictates. And once again, we’ve got to decide whether we’ll keep marching or break stride and make a turn toward freedom.

But what if we didn’t just pull out our pocketbooks and pony up to the federal government’s outrageous demands for more money? What if we didn’t just dutifully line up to drop our hard-earned dollars into the collection bucket, no questions asked about how it will be spent? What if, instead of quietly sending in our checks, hoping vainly for some meager return, we did a little calculating of our own and started deducting from our taxes those programs that we refuse to support?

If we don’t have the right to decide what happens to our hard-earned cash, then we don’t have very many rights at all. If they can just take from you what they want, when they want, and then use it however they want, you can’t claim to be anything more than a serf in a land they think of as theirs. This was the case in the colonial era, and it’s the case once again.

“I thought I had freedom of speech here,” the man said to the police officer.
“You don’t. You just lost it,” the officer replied.

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

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

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

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

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

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

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

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

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

“I have my rights,” the man said.

“You have no rights,” the officer said.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So what are we to do?

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