NDAA | John W. Whitehead, Constitutional Attorney

Posts Tagged ‘NDAA’

COVID-19 Detention Camps: Are Government Round-Ups of Resistors in Our Future?

Posted: September 28, 2021 in Uncategorized
Tags: civil liberties, Constitution, COVID-19, detention camp, first amendment, fourth amendment, free speech, NDAA, police state, surveillance

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

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

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

It’s just a matter of time.

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

The groundwork has already been laid.

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

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

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

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

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

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

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

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

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

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

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

It’s happened before.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The short answer is: yes.

The longer answer is more complicated.

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

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

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

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

We seem to be coming full circle on many fronts.

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

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

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

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

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

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

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

Oh, how right he was.

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

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

We’re not quite there yet, but as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, that moment of reckoning is getting closer by the minute.

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

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

Ihre Papiere, Bitte! (Your Papers, Please): Are We Being Set Up for a National ID System?

Posted: March 2, 2017 in Uncategorized
Tags: Adolf Eichmann, assumption of innocence, Border Patrol, burden of proof, Donald Trump, hannah arendt, Japanese Internment camps, national ID, Nazi Germany, NDAA, papers please, police state, surveillance

“The triumph of the S.S. demands that the tortured victim allow himself to be led to the noose without protesting, that he renounce and abandon himself to the point of ceasing to affirm his identity. And it is not for nothing. It is not gratuitously, out of sheer sadism, that the S.S. men desire his defeat. They know that the system which succeeds in destroying its victim before he mounts the scaffold . . . is incomparably the best for keeping a whole people in slavery.”—Hannah Arendt reporting on the trial of Adolf Eichmann

You can’t have it both ways.

You can’t live in a constitutional republic if you allow the government to act like a police state.

You can’t claim to value freedom if you allow the government to operate like a dictatorship.

You can’t expect to have your rights respected if you allow the government to treat whomever it pleases with disrespect and an utter disregard for the rule of law.

If you’re inclined to advance this double standard because you believe you have done nothing wrong and have nothing to hide, beware: there’s always a boomerang effect.

Whatever dangerous practices you allow the government to carry out now—whether it’s in the name of national security or protecting America’s borders or making America great again—rest assured, these same practices can and will be used against you when the government decides to set its sights on you.

Nothing is ever as simple as the government claims it is.

The war on drugs turned out to be a war on the American people, waged with SWAT teams and militarized police.

The war on terror turned out to be a war on the American people, waged with warrantless surveillance and indefinite detention.

The war on immigration will be yet another war on the American people, waged with roving government agents demanding “papers, please.”

So you see, when you talk about empowering government agents to demand identification from anyone they suspect might be an illegal immigrant—the current scheme being entertained by the Trump administration to ferret out and cleanse the country of illegal immigrants—what you’re really talking about is creating a society in which you are required to identify yourself to any government worker who demands it.

Just recently, in fact, passengers arriving in New York’s JFK Airport on a domestic flight from San Francisco were ordered to show their “documents” to border patrol agents in order to get off the plane.

This is how you pave the way for a national identification system.

Americans have always resisted adopting a national ID card for good reason: it gives the government and its agents the ultimate power to target, track and terrorize the populace according to the government’s own nefarious purposes.

National ID card systems have been used before, by other oppressive governments, in the name of national security, invariably with horrifying results.

For instance, in Germany, the Nazis required all Jews to carry special stamped ID cards for travel within the country. A prelude to the yellow Star of David badges, these stamped cards were instrumental in identifying Jews for deportation to death camps in Poland.

Author Raul Hilberg summarizes the impact that such a system had on the Jews:

The whole identification system, with its personal documents, specially assigned names, and conspicuous tagging in public, was a powerful weapon in the hands of the police. First, the system was an auxiliary device that facilitated the enforcement of residence and movement restrictions. Second, it was an independent control measure in that it enabled the police to pick up any Jew, anywhere, anytime. Third, and perhaps most important, identification had a paralyzing effect on its victims.

In South Africa during apartheid, pass books were used to regulate the movement of black citizens and segregate the population. The Pass Laws Act of 1952 stipulated where, when and for how long a black African could remain in certain areas. Any government employee could strike out entries, which cancelled the permission to remain in an area. A pass book that did not have a valid entry resulted in the arrest and imprisonment of the bearer.

Identity cards played a crucial role in the genocide of the Tutsis in the central African country of Rwanda. The assault, carried out by extremist Hutu militia groups, lasted around 100 days and resulted in close to a million deaths. While the ID cards were not a precondition to the genocide, they were a facilitating factor. Once the genocide began, the production of an identity card with the designation “Tutsi” spelled a death sentence at any roadblock.

Identity cards have also helped oppressive regimes carry out eliminationist policies such as mass expulsion, forced relocation and group denationalization. Through the use of identity cards, Ethiopian authorities were able to identify people with Eritrean affiliation during the mass expulsion of 1998. The Vietnamese government was able to locate ethnic Chinese more easily during their 1978-79 expulsion. The USSR used identity cards to force the relocation of ethnic Koreans (1937), Volga Germans (1941), Kamyks and Karachai (1943), Crimean Tartars, Meshkhetian Turks, Chechens, Ingush and Balkars (1944) and ethnic Greeks (1949). And ethnic Vietnamese were identified for group denationalization through identity cards in Cambodia in 1993, as were the Kurds in Syria in 1962.

And in the United States, post-9/11, more than 750 Muslim men were rounded up on the basis of their religion and ethnicity and detained for up to eight months. Their experiences echo those of 120,000 Japanese-Americans who were similarly detained 75 years ago following the attack on Pearl Harbor.

Despite a belated apology and monetary issuance by the U.S. government, the U.S. Supreme Court has yet to declare such a practice illegal. Moreover, laws such as the National Defense Authorization Act (NDAA) empower the government to arrest and detain indefinitely anyone they “suspect” of being an enemy of the state.

Fast forward to the Trump administration’s war on illegal immigration, and you have the perfect storm necessary for the adoption of a national ID card, the ultimate human tracking device, which would make the police state’s task of monitoring, tracking and singling out individual suspects—citizen and noncitizen alike—far simpler.

Granted, in the absence of a national ID card, “we the people” are already tracked in a myriad of ways: through our state driver’s licenses, Social Security numbers, bank accounts, purchases and electronic transactions; by way of our correspondence and communication devices—email, phone calls and mobile phones; through chips implanted in our vehicles, identification documents, even our clothing.

Add to this the fact that businesses, schools and other facilities are relying more and more on fingerprints and facial recognition to identify us. All the while, data companies such as Acxiom are capturing vast caches of personal information to help airports, retailers, police and other government authorities instantly determine whether someone is the person he or she claims to be.

This informational glut—used to great advantage by both the government and corporate sectors—is converging into a mandate for “an internal passport,” a.k.a., a national ID card that would store information as basic as a person’s name, birth date and place of birth, as well as private information, including a Social Security number, fingerprint, retina scan and personal, criminal and financial records.

The Real ID Act, which imposes federal standards on identity documents such as state drivers’ licenses, is the prelude to this national identification system. Individuals from states that fail to comply with the Real ID Act (there are nine states still not in compliance) will be unable to use their drivers’ licenses as forms of identification in airports starting in January 2018).

A federalized, computerized, cross-referenced, databased system of identification policed by government agents would be the final nail in the coffin for privacy (not to mention a logistical security nightmare that would leave Americans even more vulnerable to every hacker in the cybersphere).

So what is privacy?

In its purest sense, privacy means the right to walk down a street without fear of being accosted by a government agent demanding to know who you are, where you’re going and what you’re doing in that particular place at that particular moment in time.

Privacy means you have the right to tell any government agent who pokes his nose too far into your business to butt out.

Privacy means the right to remain anonymous, if you so choose.

Unfortunately, in an age of constant surveillance, in which we are constantly watched and our movements monitored and tracked—by our technology, by the government, by the corporations, and through our own obsession with social media and smart devices—the case for privacy is no longer quite so clear-cut.

Likewise, the penalty for telling the government to stick it (or mind its own business) is growing more severe with every passing day.

Noncompliance with a direct government order—whether that order is to show your papers, step out of a car, exit your house with your hands up, or bend over and submit to being searched, fondled or frisked—can now result in missed flights, broken bones and dead bodies.

Remember, the police state does not discriminate.

At some point, it will not matter whether your skin is black or yellow or brown or white. It will not matter whether you’re an immigrant or a citizen. It will not matter whether you’re rich or poor. It won’t even matter whether you’re driving, flying or walking.

After all, government-issued bullets will kill you just as easily whether you’re a law-abiding citizen or a hardened criminal. Government jails will hold you just as easily whether you’ve obeyed every law or broken a dozen. And whether or not you’ve done anything wrong, government agents will treat you like a suspect simply because they have been trained to view and treat everyone like potential criminals.

Eventually, when the police state has turned that final screw and slammed that final door, all that will matter is whether some government agent—poorly trained, utterly ignorant of the Constitution, way too hyped up on the power of their badges, and authorized to detain, search, interrogate, threaten and generally harass anyone they see fit—chooses to single you out for special treatment.

You see, it’s a short hop, skip and a jump from allowing government agents to stop and demand identification from someone suspected of being an illegal immigrant to empowering government agents to subject anyone—citizen and noncitizen alike—to increasingly intrusive demands that they prove not only that they are legally in the country, but that they are also lawful, in compliance with every statute and regulation on the books, and not suspected of having committed some crime or other.

It’s no longer a matter of if, but when.

You may be innocent of wrongdoing now, but when the standard for innocence is set by the government, no one is safe. Everyone is a suspect. And anyone can be a criminal when it’s the government determining what is a crime.

We’ve been having this same debate about the perils of government overreach for the past 50-plus years, and still we don’t seem to learn, or if we learn, we learn too late.

All of the excessive, abusive tactics employed by the government today—warrantless surveillance, stop and frisk searches, SWAT team raids, roadside strip searches, asset forfeiture schemes, private prisons, torture, indefinite detention, militarized police, etc.—started out as a seemingly well-meaning plan to address some problem in society that needed a little extra help.

Be careful what you wish for: you will get more than you bargained for, especially when the government’s involved.

In the case of a national identification system, it might start off as a means of curtailing illegal immigration, but it will end up as a means of controlling the American people.

Taking a prophetic cue from George Orwell’s 1984, a 2013 video game Papers, Please “puts players in control of an unnamed border agent in the fictional Eastern Bloc totalitarian state of Arstotzka in 1982.”

As journalist Jason Concepcion explains, “The rules are simple: Decide who can enter the country. This is accomplished by checking each traveler’s documents — passports, visas, work permits — for authenticity and cross-referencing with various guidelines handed down by the state. The state’s instructions are initially simple. Those holding Arstotzkan passports — assuming the information contained therein matches the person at the window — are considered citizens and may cross the border. Take out your green ACCEPTED stamp, mark the appropriate box on the entry visa, hand the owner back his or her documents, and call the next person in line.”

Where things start to get dicey is when the stakes get higher, when there’s money to be made, when there are lives on the line.

Concepcion continues:

As the game progresses, the restrictions on immigration become more complex. A trade war with a neighboring country causes the Ministry of Admission to ban travelers from the nation. Rumors of insurgent groups with forged documents mean every seal and stamp in an entry visa must be double-checked against those in your handbook. If a traveler is heavier than the weight indicated in their passport, then they must be questioned and X-rayed for contraband. Faces are checked against the state’s most-wanted list. Perhaps a prospective immigrant doesn’t resemble the photograph in their documents, in which case fingerprints must be taken and processed. With each passing day, there are more details to check. Some travelers don’t have the correct work visa, or have papers that would have been valid yesterday. These must be scrutinized closely.

Around day two or three on the job, one of the soldiers who guards the checkpoint steps to your window. He tells you he gets a bonus for each person processed for detention. He offers to cut you in. Criminals — sometimes even terrorists — attempt to pass through the Grestin checkpoint. But this is rare. Immigrants who haven’t kept abreast of the constant changes in state policy are much more common. Every now and again, a traveler comes to your booth with a heartrending story — a dying loved one, children they’ve never seen — but the wrong documentation. You could, easily and legally, hand a few of these people over to the guards and make a few bucks on the side.

This is what the banality of evil looks like, as described by historian Hannah Arendt.

Arendt explains: “The essence of totalitarian government, and perhaps the nature of every bureaucracy, is to make functionaries and mere cogs in the administrative machinery out of men, and thus to dehumanize them.”

How do you persuade people to just follow orders and carry out the dictates of a police state?

You turn them into mindless robots. You teach them to obey unquestioningly. You brainwash them into believing that compliance and patriotism go hand in hand.

As Concepcion concludes, “Papers, Please gives players a window into how fascism manifests itself in bureaucracy. The brilliance of the game’s paperwork gameplay is that it makes the player complicit in the projection of state power… ‘What I found making this game,’ [designer Lucas Pope explained], ‘is that this communist setting or this dystopian, fascist setting works nicely for game mechanics because you can tell the player, ‘you have to do this.’ There’s not a whole lot of questioning of, ‘why?’ ‘You have to do it because that’s how we … run things here, we tell you how to do it and you do it.’ That works perfectly well with the setting of some kind of communist government or some kind of bureaucracy where the rules just come down from the top and boom, that’s your job.’”

Boom. That’s your job.

That about sums things up, doesn’t it?

Yet as I make clear in my book Battlefield America: The War on the American People, it’s not just the border patrol agents or the police or the prison guards who are marching in lockstep with the regime. It’s also the populace that obeys every order, that fails to question or resist or push back against government dictates that are unjust or unconstitutional or immoral.

We have been down this road before.

Reporting on the trial of Nazi bureaucrat Adolf Eichmann for the New Yorker in 1963, Hannah Arendt describes the “submissive meekness with which Jews went to their death”:

…arriving on time at the transportation points, walking under their own power to the places of execution, digging their own graves, undressing and making neat piles of their clothing, and lying down side by side to be shot—seemed a telling point, and the prosecutor, asking witness after witness, “Why did you not protest?,” “Why did you board the train?,” “Fifteen thousand people were standing there and hundreds of guards facing you—why didn’t you revolt and charge and attack these guards?,” harped on it for all it was worth. But the sad truth of the matter is that the point was ill taken, for no non-Jewish group or non-Jewish people had behaved differently.

The lessons of history are clear: chained, shackled and imprisoned in a detention camp, there is little chance of resistance. The time to act is now, before it’s too late. Indeed, there is power in numbers, but if those numbers will not unite and rise up against their oppressors, there can be no resistance.

As Arendt concludes, “under conditions of terror most people will comply but some people will not, just as the lesson of the countries to which the Final Solution was proposed is that ‘it could happen’ in most places but it did not happen everywhere.”

It does not have to happen here.

We do not have to condemn ourselves to life under an oppressive, authoritarian regime.

We do not have to become our own jailers.

We do not have to dig our own graves.

We do not have to submit.

WC: 2982

ABOUT JOHN W. WHITEHEAD

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

PUBLICATION GUIDELINES / REPRINT PERMISSION

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

“Things Are Getting Scary: Global Police, Pre-crime and the War on Domestic ‘Extremists’” by John W. Whitehead

Posted: October 20, 2015 in Uncategorized
Tags: anti-government extremism, community policing, Constitution, domestic terrorist, first amendment, global police, ISIS, Leftwing Extremism, Martin Luther King Jr, NDAA, Rightwing Extremism, Strong Cities Network, United Nations, USA Patriot Act

Are you afraid that the government is plotting to confiscate your firearms?

Do you believe the economy is about to collapse and the government will soon declare martial law?

Do you display an unusual number of political and/or ideological bumper stickers on your car?

If you answered yes to any of the above questions, you may be an anti-government extremist (a.k.a. domestic terrorist) in the eyes of the police.

As such, you are now viewed as a greater threat to America than ISIS or al Qaeda.

Let that sink in a moment.

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 have just been promoted to the top of the government’s terrorism watch list.

I assure you I’m not making this stuff up.

Police agencies now believe the “main terrorist threat in the United States is not from violent Muslim extremists, but from right-wing extremists.”

A New York Times editorial backs up these findings:

Law enforcement agencies around the country are training their officers to recognize signs of anti-government extremism and to exercise caution during routine traffic stops, criminal investigations and other interactions with potential extremists. “The threat is real,” says the handout from one training program sponsored by the Department of Justice. Since 2000, the handout notes, 25 law enforcement officers have been killed by right-wing extremists, who share a “fear that government will confiscate firearms” and a “belief in the approaching collapse of government and the economy.”

So what is the government doing about these so-called terrorists?

The government is going to war.

Again.

Only this time, it has declared war against so-called American “extremists.”

After decades spent waging costly, deadly and ineffective military campaigns overseas in pursuit of elusive ISIS and al Qaeda operatives and terror cells (including the recent “accidental” bombing of a Doctors Without Borders hospital in Afghanistan that left 22 patients and medical staff dead), the Obama administration has announced a campaign to focus its terror-fighting forces inwards.

Under the guise of fighting violent extremism “in all of its forms and manifestations” in cities and communities across the world, the Obama administration has agreed to partner with the United Nations to take part in its Strong Cities Network program. Funded by the State Department through 2016, after which “charities are expected to take over funding,” the cities included in the global network include New York City, Atlanta, Denver, Minneapolis, Paris, London, Montreal, Beirut and Oslo.

Working with the UN, the federal government will train local police agencies across America in how to identify, fight and prevent extremism, as well as address intolerance within their communities, using all of the resources at their disposal.

What this program is really all about, however, is community policing on a global scale.

Community policing, which relies on a “broken windows” theory of policing, calls for police to engage with the community in order to prevent local crime by interrupting or preventing minor offenses before they could snowball into bigger, more serious and perhaps violent crime. The problem with the broken windows approach is that it has led to zero tolerance policing and stop-and-frisk practices among other harsh police tactics.

When applied to the Strong Cities Network program, the objective is ostensibly to prevent violent extremism by targeting its source: racism, bigotry, hatred, intolerance, etc.

In other words, police—acting ostensibly as extensions of the United Nations—will identify, monitor and deter individuals who exhibit, express or engage in anything that could be construed as extremist.

Consider how Attorney General Loretta Lynch describes the initiative:

As residents and experts in their communities, local leaders are often best positioned to pinpoint sources of unrest and discord; best equipped to identify signs of potential danger; and best able to recognize and accommodate community cultures, traditions, sensitivities, and customs. By creating a series of partnerships that draws on the knowledge and expertise of our local officials, we can create a more effective response to this virulent threat.

Translation: U.S. police agencies are embarking on an effort to identify and manage potential extremist “threats,” violent or otherwise, before they can become actual threats. (If you want a foretaste of how “extreme” things could get in the U.S.: new anti-terrorism measures in the U.K. require that extremists be treated like pedophiles and banned from working with youngsters and vulnerable people.)

The government’s war on extremists, of which the Strong Cities program is a part, is being sold to Americans in much the same way that the USA Patriot Act was sold to Americans: as a means of combatting terrorists who seek to destroy America.

For instance, making the case for the government’s war on domestic extremism, the Obama administration has suggested that it may require greater legal powers to combat violent attacks by lone wolves (such as “people motivated by racial and religious hatred and anti-government views” who “communicate their hatred over the Internet and through social media”).

Enter the government’s newest employee: a domestic terrorism czar.

However, as we now know, 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 has turned every American citizen into a criminal suspect.

Similarly, the concern with the government’s anti-extremism program is that it will, in many cases, be utilized to render otherwise lawful, nonviolent activities as potentially extremist.

Keep in mind that the government agencies involved in ferreting out American “extremists” will carry out their objectives—to identify and deter potential extremists—in concert with fusion centers (of which there are 78 nationwide, with partners in the private 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).

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

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

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

That same year, the DHS launched Operation Vigilant Eagle, which calls for surveillance of military veterans returning from Iraq 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.”

These reports indicate that for the government, anyone seen as opposing the government—whether they’re Left, Right or somewhere in between—can be labeled an extremist.

Fast forward a few years, and you have the National Defense Authorization Act (NDAA), which President Obama has continually re-upped, that allows the military to take you out of your home, lock you up with no access to friends, family or the courts if you’re seen as an extremist.

Now connect the dots, from the 2009 Extremism reports to the NDAA and the UN’s Strong Cities Network with its globalized police forces, 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.

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

Hopefully you’re getting the picture, which is how easy it is for the government to identify, label and target individuals as “extremist.”

We’re living in a scary world.

Unless we can put the brakes on this dramatic expansion and globalization of the government’s powers, we’re not going to recognize this country 20 years from now.

Frankly, as I make clear in my book Battlefield America: The War on the American People, the landscape has already shifted dramatically from what it was like 10 or 20 years ago. It’s taken less than a generation for our freedoms to be eroded and the police state structure to be erected, expanded and entrenched.

Rest assured that the government will not save us from the chains of the police state. The UN’s Strong Cities Network program will not save us. The next occupant of the White House will not save us. For that matter, anarchy and violent revolution will not save us.

If there is to be any hope of freeing ourselves, it rests—as it always has—at the local level, with you and your fellow citizens taking part in grassroots activism, which takes a trickle-up approach to governmental reform by implementing change at the local level.

Attend local city council meetings, speak up at town hall meetings, organize protests and letter-writing campaigns, employ “militant nonviolent resistance” and civil disobedience, which Martin Luther King Jr. used to great effect through the use of sit-ins, boycotts and marches.

And then, while you’re at it, urge your local governments to nullify everything the federal government does that is illegitimate, egregious or blatantly unconstitutional.

If this sounds anti-government or extremist, perhaps it is, in much the same way that King himself was considered anti-government and extremist. Recognizing that “freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed,” King’s tactics—while nonviolent—were extreme by the standards of his day.

As King noted in his 1963 “Letter from Birmingham City Jail”:

[A]s I continued to think about the matter I gradually gained a bit of satisfaction from being considered an extremist. Was not Jesus an extremist in love—“Love your enemies, bless them that curse you, pray for them that despitefully use you.” Was not Abraham Lincoln an extremist—“This nation cannot survive half slave and half free.” Was not Thomas Jefferson an extremist—“We hold these truths to be self-evident, that all men are created equal.” So the question is not whether we will be extremist but what kind of extremist will we be. Will we be extremists for hate or will we be extremists for love?

So how do you not only push back against the police state’s bureaucracy, corruption and cruelty but also launch a counterrevolution aimed at reclaiming control over the government using nonviolent means?

Take a cue from King.

Slave or Rebel? Ten Principles for Escaping the Matrix and Standing Up to Tyranny

Posted: June 8, 2015 in Uncategorized
Tags: 2016 elections, Aldous Huxley, matrix, militarized police, military drills, NDAA, politicians, President Obama, resistance, surveillance, SWAT team raids, Texas pool party, The Matrix, USA Freedom Act

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

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

It’s a shell game intended to keep us focused on and distracted by all of the politically expedient things that are being said—about militarized police, surveillance, and government corruption—while the government continues to frogmarch us down the road toward outright tyranny.

Unarmed citizens are still getting shot by militarized police trained to view them as the enemy and treated as if we have no rights. Despite President Obama’s warning that the nation needs to do some “soul searching” about issues such as race, poverty and the strained relationship between law enforcement and the minority communities they serve, police killings and racial tensions are at an all-time high. Just recently, in Texas, a white police officer was suspended after video footage showed him “manhandling, arresting and drawing his gun on a group of black children outside a pool party.”

Americans’ private communications and data are still being sucked up by government spy agencies. The USA Freedom Act was just a placebo pill intended to make us feel better without bringing about any real change. As Bill Blunden, a cybersecurity researcher and surveillance critic, points out, “The theater we’ve just witnessed allows decision makers to boast to their constituents about reforming mass surveillance while spies understand that what’s actually transpired is hardly major change.”

Taxpayer dollars are still being squandered on roads to nowhere, endless wars that do not make us safer, and bloated government agencies that should have been shut down long ago. A good example is the Transportation Security Administration, which, despite its $7 billion annual budget, has shown itself to be bumbling and ineffective.

And military drills are still being carried out on American soil under the pretext of training soldiers for urban warfare overseas. Southeastern Michigan, the site of one of the many military training drills taking place across the country this summer, has had Black Hawk helicopters buzzing its skies and soldiers dressed for combat doing night combat drills in abandoned buildings around the state.

In other words, freedom, or what’s left of it, is being threatened from every direction. The threats are of many kinds: political, cultural, educational, media, and psychological. However, as history shows us, freedom is not, on the whole, wrested from a citizenry. It is all too often given over voluntarily and for such a cheap price: safety, security, bread, and circuses.

This is part and parcel of the propaganda churned out by the government machine. That said, what we face today—mind manipulation and systemic violence—is not new. What is different are the techniques used and the large-scale control of mass humanity, coercive police tactics and pervasive surveillance. As we have seen with the erection of the electronic concentration camp, there is virtually no escaping the invisible prison surrounding us. Once upon a time, one could run and hide or duck into a cave, but that is no longer feasible as caves are quite scarce, and those running the camp have their eyes watching everything.

Moreover, we are presented with the illusion that we act of our own volition when most of the time we are being watched, prodded, and controlled. “The nature of psychological compulsion is such that those who act under constraint remain under the impression that they are acting on their own initiative,” Aldous Huxley stated. “The victim of mind-manipulation does not know that he is a victim. To him, the walls of his prison are invisible.”

In fact, with the merger of the Internet and the corporate state, unless you are alert and aware, it will be increasingly difficult to discern the difference between freedom and enslavement. With the methods of mind manipulation available to the corporate state, the very nature of democratic government has been changed. Again, as Aldous Huxley writes:

[T]he quaint old forms—elections, parliaments, Supreme Courts and all the rest will remain. The underlying substance will be a new kind of nonviolent totalitarianism. All the traditional names, all the hallowed slogans will remain exactly what they were in the good old days. Democracy and freedom will be the theme of every broadcast and editorial . . . Meanwhile the ruling oligarchy and its highly trained elite of soldiers, policemen, thought-manufacturers and mind-manipulators will quietly run the show as they see fit.

To many, the situation seems hopeless. But is it?

From the day you’re born until the day you die, the choices you exercise are very limited. You don’t choose to be born or choose what sex you are or who your parents are or where you live. When you are a child, you are told what to do, and when you enter school, you sit plastered to a desk and are taught what others demand you should know. Yes, the indoctrinating process begins on day one.

Then there are the rules, the endless rules. If you say the wrong word, write the wrong story or wear the wrong clothes, you can get thrown out of school or even arrested. You live where you are told and eat what others think you should eat. As you grow older, this list expands into employment, marriage and so on. In other words, your so-called reality is socially constructed. It is predetermined for you, and if you step out of line and disagree with what the current society deems proper, you will be ostracized. If you speak your mind to the governing authorities, you might find yourself behind bars.

The point is that in order to develop a compliant citizenry, people must be forced to live in a mental matrix of words, ideas, ideologies, and teachings that are designed to make us conform. “As the Matrix in the movie was used to facilitate the exploitation of humans,” writes author Henry H. Lindner, “so the current ideological Matrix was created for, and serves to exploit us, turning us into unthinking workers and consumers—slaves of the ruling elite who themselves are trapped in the Matrix.” In fact, “few of us are able to escape the Matrix. We do not even know it exists.”

For there to be any hope of real change, you’ll have to change how you think about yourself, your fellow human beings, freedom, society, and the government. This means freeing your mind, realizing the truth, and unlearning all the myths you have been indoctrinated with since the day you were able to comprehend language.

The following principles, taken from my new book Battlefield America: The War on the American People, may help any budding freedom fighters in the struggle to liberate themselves and our society.

First, we must come to grips with the reality that the present system does not foster freedom. It denies freedom and must be altered. “Our authoritarian system is based on cruelty and control—it increasingly drives natural love and feelings from our society and produces violence and greed,” Lindner recognizes. “Our society is deteriorating morally and intellectually. This system cannot be reformed.”

To start with, we must recognize that the government’s primary purpose is maintaining power and control. It’s an oligarchy composed of corporate giants wedded to government officials who benefit from the relationship. In other words, it is motivated by greed and exists to perpetuate itself. As George Orwell writes:

We know that no one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes a revolution in order to establish a dictatorship. . . .. The object of power is power.

Second, voting is practically worthless. “In principle, it is a great privilege,” Aldous Huxley recognized. “In practice, as recent history has repeatedly shown, the right to vote, by itself, is no guarantee of liberty.”

We live in a secretive surveillance state that has virtually no accountability, transparency, or checks and balances of any kind. As Jordan Michael Smith, writing for the Boston Globe, concludes about the American government:

There’s the one we elect, and then there’s the one behind it, steering huge swaths of policy almost unchecked. Elected officials end up serving as mere cover for the real decisions made by the bureaucracy.

How many times have the various politicians, when running for office, lied about all they were going to do to bring hope and change to America? Once they get elected, what do they do? They do whatever the corporate powers want. Yes, the old boss is the same as the new boss. The maxim: power follows money.

Moreover, voting is a way to keep the citizenry pacified. However, many Americans intuitively recognize that something is wrong with the way the electoral process works and have withdrawn from the process. That’s why the government places so much emphasis on the reassurance ritual of voting. It provides the illusion of participation.

Third, question everything. Don’t assume anything government does is for the good of the citizenry. Again, that is not the purpose of modern government. It exists to perpetuate a regime. Remember the words of James Madison, considered the father of the U.S. Constitution: “All men having power ought to be distrusted to a certain degree.” Power corrupts. And as the maxim goes, absolute power corrupts absolutely.

Fourth, materialism is a death knell to freedom. While it may be true that Americans are better off than citizens of other nations—we have jobs, food, entertainment, shopping malls, etc.—these are the trappings meant to anesthetize and distract us.

Like the dodo, any “bird that has learned how to grub up a good living without being compelled to use its wings will soon renounce the privilege of flight and remain forever grounded,” Huxley warned. “Same thing is true of human beings. If bread is supplied regularly and capaciously three times a day, many of them will be perfectly content to live by bread alone—or at least by bread and circuses alone.” Free as a bird, some say, but only if you’re willing to free your mind and sacrifice all for a dangerous concept—freedom.

In other words, the hope is that the cry of “‘give me television and hamburgers, but don’t bother me with the responsibilities of liberty,’ may give place, under altered circumstances, to the cry of ‘give me liberty or give me death.’” This is indeed dangerous freedom.

Fifth, there is little hope for any true resistance if you are mindlessly connected to the electronic concentration camp. Remember, what you’re being electronically fed by those in power is meant to pacify, distract, and control you. You can avoid mind manipulations to a large degree by greatly limiting your reliance on electronic devices—cell phones, laptops, televisions, and so on.

Sixth, an armed revolt will not work. Although we may have returned to a 1776 situation where we need to take drastic actions to restore freedom, this is not colonial America with its muskets and people’s armies. Local police departments have enough militarized firepower to do away with even a large-scale armed revolt. Even attempting to repel a SWAT team raid on your home is futile. You’ll get blown away.

Seventh, be wise and realize that there is power in numbers. Networks, coalitions, and movements can accomplish much—especially if their objectives are focused and practical—and they are very much feared by government authorities. That’s why the government is armed to the teeth and prepared to put down even small nonviolent protests.

Eighth, act locally but think nationally. The greatest impact can be had at local governing bodies such as city councils. Join together with friends and neighbors and start a Civil Liberties Oversight Committee. Regularly attend council meetings and demand that government corruption be brought under control and that police activities be brought under the scrutiny of local governing bodies and, thus, the citizenry.

In Albuquerque, New Mexico, for example, police were involved in 39 shootings dating back to 2010. After a 2014 police shooting of an unarmed homeless man camped out in a public park, residents engaged in nonviolent acts of civil disobedience to disrupt the normal functioning of the city government and demand that the police department be brought under control. Community activists actually went so far as to storm a city council meeting and announce that they would be performing a citizens’ arrest of the police chief, charging him with “harboring fugitives from justice at the Albuquerque police department” and “crimes against humanity.”

In Davis County, California, in August 2014, after a public uproar over the growing militarization of local police, council members ordered the police to find a way of getting rid of the department’s newly acquired MRAP tank. One man at the council meeting was quoted as saying: “I would like to say I do not suggest you take this vehicle and send it out of Davis, I demand it.”

Ninth, local towns, cities and states can nullify or say “no” to federal laws that violate the rights and freedoms of the citizenry. In fact, several states have passed laws stating that they will not comply with the National Defense Authorization Act which allows for the military to indefinitely detain (imprison) American citizens. Again, when and if you see such federal laws passed, gather your coalition of citizens and demand that your local town council nullify such laws. If enough towns and cities across the country would speak truth to power in this way, we might see some positive movement from the federal governmental machine.

Tenth, understand what freedom is all about. “Who were the first persons to get the unusual idea that being free was not only a value to be cherished but the most important thing that someone can possess?” asks Professor Orlando Patterson. “The answer in a word: slaves.”

Freedom arose from the hearts and minds of those who realized that they were slaves. It became a primary passion of those who were victims of slavery.

Some Americans are beginning to realize that they are slaves and that if they don’t act soon, they will find themselves imprisoned in the electronic concentration camp indefinitely. Mind you, there may not be any chains hanging from the dungeon walls, but it is a prison nonetheless, and we are, without a doubt, inmates serving life sentences.

Martial Law, Detention Camps and Kangaroo Courts: Are We Recreating the Third Reich?

Posted: May 5, 2014 in Uncategorized
Tags: detention camp, fema, indefinite detention, main core, NDAA, police state, surveillance, third reich

“First they came for the Socialists, and I did not speak out—Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out—Because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out—Because I was not a Jew. Then they came for me—and there was no one left to speak for me.”—Martin Niemoller

Despite what some may think, the Constitution is no magical incantation against government wrongdoing. Indeed, it’s only as effective as those who abide by it. However, without courts willing to uphold the Constitution’s provisions when government officials disregard it and a citizenry knowledgeable enough to be outraged when those provisions are undermined, it provides little to no protection against SWAT team raids, domestic surveillance, police shootings of unarmed citizens, indefinite detentions, and the like.

Unfortunately, the courts and the police have meshed in their thinking to such an extent that anything goes when it’s done in the name of national security, crime fighting and terrorism. Consequently, America no longer operates under a system of justice characterized by due process, an assumption of innocence, probable cause and clear prohibitions on government overreach and police abuse. Instead, our courts of justice have been transformed into courts of order, advocating for the government’s interests, rather than championing the rights of the citizenry, as enshrined in the Constitution.

Just recently, for example, the Tenth Circuit Court of Appeals ruled in U.S. v. Westhoven that driving too carefully, with a rigid posture, taking a scenic route, and having acne are sufficient reasons for a police officer to suspect you of doing something illegal, detain you, search your car, and arrest you—even if you’ve done nothing illegal to warrant the stop in the first place.

In that same vein, the U.S. Supreme Court declared in a 5-4 ruling in Navarette v. California that police officers can, under the guise of “reasonable suspicion,” stop cars and question drivers based solely on anonymous tips, no matter how dubious, and whether or not they themselves witnessed any troubling behavior.

And then you have the Supreme Court’s refusal to hear Hedges v. Obama, a legal challenge to the indefinite detention provision of the National Defense Authorization Act of 2012 (NDAA), thereby affirming that the President and the U.S. military can arrest and indefinitely detain individuals, including American citizens, based on a suspicion that they might be associated with or aiding terrorist organizations.

All three cases reflect a mindset in which the rule of law, the U.S. Constitution, once the map by which we navigated sometimes hostile terrain, has been unceremoniously booted out of the runaway car that is our government, driven over and left for road kill on the side of the road. All that can be seen in the rear view mirror are the tire marks on its ragged frame.

What we are dealing with, as I document in my book A Government of Wolves: The Emerging American Police State, is a run-away government hyped up on its own power, whose policies are dictated more by paranoia than need. Making matters worse, “we the people” have become so gullible, so easily distracted, and so out-of-touch that we are ignoring the warning signs all around us and failing to demand that government officials of all stripes—the White House, Congress, the courts, the military, law enforcement, the endless parade of bureaucrats, etc.—respect our rights and abide by the rule of law.

The Supreme Court’s refusal to hear the NDAA indefinite detention case—which challenged whether the government can lawfully lock up American citizens who might be deemed extremists or terrorists (the government likes to use these words interchangeably) for criticizing the government—is one such warning sign that we would do well to heed.

The building blocks are already in place for such an eventuality: the surveillance networks, fusion centers and government contractors already monitor what is being said by whom; government databases track who poses a potential threat to the government’s power; the militarized police, working in conjunction with federal agencies, coordinate with the federal government when it’s time to round up the troublemakers; the courts sanction the government’s methods, no matter how unlawful; and the detention facilities, whether private prisons or FEMA internment camps, to lock up the troublemakers.

For those who can read the writing on the wall, it’s all starting to make sense: the military drills carried out in major American cities, the VIPR inspections at train depots and bus stations, the SWAT team raids on unsuspecting homeowners, the Black Hawk helicopters patrolling American skies, the massive ammunition purchases by various federal agencies such as the Department of Homeland Security, the Department of Education, the IRS and the Social Security Administration.

Viewed in conjunction with the government’s increasing use of involuntary commitment laws to declare individuals mentally ill and lock them up in psychiatric wards for extended periods of time, the NDAA’s provision allowing the military to arrest and indefinitely detain anyone, including American citizens, only codifies this unraveling of our constitutional framework.

Throw in the profit-driven corporate incentive to jail Americans in private prisons, as well as the criminalizing of such relatively innocent activities as holding Bible studies in one’s home or sharing unpasteurized goat cheese with members of one’s community, and it becomes clear that “we the people” have become enemies of the state. Thus, it’s no longer a question of whether the government will lock up Americans for First Amendment activity but when. (It’s particularly telling that the government’s lawyers, when pressed for an assurance that those exercising their First Amendment rights in order to criticize the government would not be targeted under the NDAA, refused to provide one.)

History shows that the U.S. government is not averse to locking up its own citizens for its own purposes. One need only go back to the 1940s, when the federal government proclaimed that Japanese-Americans, labeled potential dissidents, could be put in concentration (a.k.a. internment) camps based only upon their ethnic origin, to see the lengths the federal government will go to in order to maintain “order” in the homeland. The U.S. Supreme Court validated the detention program in Korematsu v. US (1944), concluding that the government’s need to ensure the safety of the country trumped personal liberties. That decision has never been overturned.

In fact, the creation of detention camps domestically has long been part of the government’s budget and operations, falling under the jurisdiction of FEMA, the Federal Emergency Management Agency. FEMA’s murky history dates back to the 1970s, when President Carter created it by way of an executive order merging many of the government’s disaster relief agencies into one large agency. During the 1980s, however, reports began to surface of secret military-type training exercises carried out by FEMA and the Department of Defense. Code named Rex-84, 34 federal agencies, including the CIA and the Secret Service, were trained on how to deal with domestic civil unrest.

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

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

Of course, these detention camps will have to be used for anyone viewed as a threat to the government, and that includes political dissidents. So it’s no coincidence that the U.S. government has, since the 1980s, acquired and maintained, without warrant or court order, a database of names and information on Americans considered to be threats to the nation. As Salon reports, this database, reportedly dubbed “Main Core,” is to be used by the Army and FEMA in times of national emergency or under martial law to locate and round up Americans seen as threats to national security. As of 2008, there were some 8 million Americans in the Main Core database.

Fast forward to 2009, when the Department of Homeland Security (DHS) released two reports, one on “Rightwing Extremism,” which broadly defines rightwing extremists as individuals and groups “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely,” and one on “Leftwing Extremism,” which labeled environmental and animal rights activist groups as extremists. Both reports use the words terrorist and extremist interchangeably. That same year, the DHS launched Operation Vigilant Eagle, which calls for surveillance of military veterans returning from Iraq 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.”

These reports indicate that for the government, so-called extremism is not a partisan matter. Anyone seen as opposing the government—whether they’re Left, Right or somewhere in between—is a target, which brings us back, full circle, to where we started, with the NDAA’s indefinite detention provision, whose language is so broad and vague as to implicate anyone critical of the government.

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

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

Likewise, you still have a sizeable portion of the population today unconcerned about the government’s practice of spying on Americans, having been brainwashed into believing that if you’re not doing anything wrong, you have nothing to worry about. It will only be a matter of time before they learn the hard way that in a police state, it doesn’t matter who you are or how righteous you claim to be—eventually, you will be lumped in with everyone else and everything you do will be “wrong” and suspect.

Martin Niemoller learned that particular lesson the hard way. A German military officer turned theologian, Niemoller was an early supporter of Hitler’s rise to power. It was only when Hitler threatened to attack the churches that Niemoller openly opposed the regime. For his efforts, Neimoller was arrested, charged with activities against the government, fined, detained, and eventually interned in the Sachsenhausen and Dachau concentration camps from 1938 to 1945.

As Niemoller reportedly replied when asked by his cellmate why he ever supported the Nazi party:

I find myself wondering about that too. I wonder about it as much as I regret it. Still, it is true that Hitler betrayed me… Hitler promised me on his word of honor, to protect the Church, and not to issue any anti-Church laws. He also agreed not to allow pogroms against the Jews… Hitler’s assurance satisfied me at the time…I am paying for that mistake now; and not me alone, but thousands of other persons like me.

The State of Our Nation: The Greatest Threat to Our Freedoms Is the Government

Posted: February 12, 2014 in Uncategorized
Tags: Animal Farm, civil liberties, civil rights, Congress, Constitution, corporations, criminal behavior, criminalization, drones, first amendment, fourth amendment, GPS devices, injustice, Martin Luther King Jr, military empire, NDAA, nsa, Obama administration, Orwell, police, police abuse, police state, President Obama, prison, privacy, property rights, public schools, State of the Union, strip searches, supreme court, surveillance, terrorism, zero tolerance

“Twelve voices were shouting in anger, and they were all alike. No question, now, what had happened to the faces of the pigs. The creatures outside looked from pig to man, and from man to pig, and from pig to man again; but already it was impossible to say which was which.” ― George Orwell, Animal Farm

What was striking about this year’s State of the Union address was not the sheer arrogance of the president’s remarks, the staged nature of the proceedings and interactions, or the predictable posturing of the rebuttals, but the extent to which the members of the various branches of government—President Obama, Congress, the Supreme Court, and the assorted government agencies—are just one big, brawling, noisy, semi-incestuous clan.

Watching these bureaucrats, both elected and appointed, interact in the unguarded moments before the event, with their hugging and kissing and nudging and joking and hobnobbing and general high spirits, I was reminded anew that these people—Republicans and Democrats alike—are united in a common goal, and it is not to protect and defend the Constitution. No, as Orwell recognized in Animal Farm, their common goal is to maintain the status quo, a goal that is helped along by an unquestioning, easily mollified, corporate media. In this way, the carefully crafted spectacle that is the State of the Union address is just that: an exaggerated farce of political theater intended to dazzle, distract and divide us, all the while the police state marches steadily forward.

No matter what the president and his cohorts say or how convincingly they say it, the reality Americans must contend with is that the world is no better the day after President Obama’s State of the Union address than it was the day before. Indeed, if the following rundown on the actual state of our freedoms is anything to go by, the world is a far more dangerous place.

Americans have no protection against police abuse. It is no longer unusual to hear about incidents in which police shoot unarmed individuals first and ask questions later, such as the 16-year-old teenager who skipped school only to be shot by police after they mistook him for a fleeing burglar. Then there was the unarmed black man in Texas “who was pursued and shot in the back of the neck by Austin Police… after failing to properly identify himself and leaving the scene of an unrelated incident.” And who could forget the 19-year-old Seattle woman who was accidentally shot in the leg by police after she refused to show her hands? What is increasingly common, however, is the news that the officers involved in these incidents get off with little more than a slap on the hands.

Americans are little more than pocketbooks to fund the police state. If there is any absolute maxim by which the federal government seems to operate, it is that the American taxpayer always gets ripped off. This is true, whether you’re talking about taxpayers being forced to fund high-priced weaponry that will be used against us, endless wars that do little for our safety or our freedoms, or bloated government agencies such as the National Security Agency with its secret budgets, covert agendas and clandestine activities. Rubbing salt in the wound, even monetary awards in lawsuits against government officials who are found guilty of wrongdoing are paid by the taxpayer.

Americans are no longer innocent until proven guilty. We once operated under the assumption that you were innocent until proven guilty. Due in large part to rapid advances in technology and a heightened surveillance culture, the burden of proof has been shifted so that the right to be considered innocent until proven guilty has been usurped by a new norm in which all citizens are suspects. This is exemplified by police practices of stopping and frisking people who are merely walking down the street and where there is no evidence of wrongdoing. Likewise, by subjecting Americans to full-body scans and license-plate readers without their knowledge or compliance and then storing the scans for later use, the government—in cahoots with the corporate state—has erected the ultimate suspect society. In such an environment, we are all potentially guilty of some wrongdoing or other.

Americans no longer have a right to self-defense. In the wake of various shootings in recent years, “gun control” has become a resounding theme for government officials, with President Obama even going so far as to pledge to reduce gun violence “with or without Congress.” Those advocating gun reform see the Second Amendment’s right to bear arms as applying only to government officials. As a result, even Americans who legally own firearms are being treated with suspicion and, in some cases, undue violence. In one case, a Texas man had his home subjected to a no-knock raid and was shot in his bed after police, attempting to deliver a routine search warrant, learned that he was in legal possession of a firearm. In another incident, a Florida man who was licensed to carry a concealed firearm found himself detained for two hours during a routine traffic stop in Maryland while the arresting officer searched his vehicle in vain for the man’s gun, which he had left at home.

Americans no longer have a right to private property. If government agents can invade your home, break down your doors, kill your dog, damage your furnishings and terrorize your family, your property is no longer private and secure—it belongs to the government. Likewise, if government officials can fine and arrest you for growing vegetables in your front yard, praying with friends in your living room, installing solar panels on your roof, and raising chickens in your backyard, you’re no longer the owner of your property.

Americans no longer have a say about what their children are exposed to in school. Incredibly, the government continues to insist that parents essentially forfeit their rights when they send their children to a public school. This growing tension over whether young people, especially those in the public schools, are essentially wards of the state, to do with as government officials deem appropriate, in defiance of the children’s constitutional rights and those of their parents, is reflected in the debate over sex education programs that expose young people to all manner of sexual practices and terminology, zero tolerance policies that strip students of any due process rights, let alone parental involvement in school discipline, and Common Core programs that teach students to be test-takers rather than critical thinkers.

Americans are powerless in the face of militarized police. In early America, citizens were considered equals with law enforcement officials. Authorities were rarely permitted to enter one’s home without permission or in a deceitful manner. And it was not uncommon for police officers to be held personally liable for trespass when they wrongfully invaded a citizen’s home. Unlike today, early Americans could resist arrest when a police officer tried to restrain them without proper justification or a warrant—which the police had to allow citizens to read before arresting them. (Daring to dispute a warrant with a police official today who is armed with high-tech military weapons and tasers would be nothing short of suicidal.) As police forces across the country continue to be transformed into outposts of the military, with police agencies acquiring military-grade hardware in droves, Americans are finding their once-peaceful communities transformed into military outposts, complete with tanks, weaponry, and other equipment designed for the battlefield.

Americans no longer have a right to bodily integrity. Court rulings undermining the Fourth Amendment and justifying invasive strip searches have left us powerless against police empowered to forcefully draw our blood, strip search us, and probe us intimately. Accounts are on the rise of individuals—men and women—being subjected to what is essentially government-sanctioned rape by police in the course of “routine” traffic stops. Most recently, a New Mexico man was subjected to a 12-hour ordeal of anal probes, X-rays, enemas, and finally a colonoscopy because he allegedly rolled through a stop sign.

Americans no longer have a right to the expectation of privacy. Despite the staggering number of revelations about government spying on Americans’ phone calls, Facebook posts, Twitter tweets, Google searches, emails, bookstore and grocery purchases, bank statements, commuter toll records, etc., Congress, the president and the courts have done little to nothing to counteract these abuses. Instead, they seem determined to accustom us to life in this electronic concentration camp.

Americans no longer have a representative government. We have moved beyond the era of representative government and entered a new age, let’s call it the age of authoritarianism. History may show that from this point forward, we will have left behind any semblance of constitutional government and entered into a militaristic state where all citizens are suspects and security trumps freedom. Even with its constantly shifting terrain, this topsy-turvy travesty of law and government has become America’s new normal. It is not overstating matters to say that Congress, which has done its best to keep their unhappy constituents at a distance, may well be the most self-serving, semi-corrupt institution in America.

Americans can no longer rely on the courts to mete out justice. The U.S. Supreme Court was intended to be an institution established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet through their deference to police power, preference for security over freedom, and evisceration of our most basic rights for the sake of order and expediency, the justices of the Supreme Court have become the architects of the American police state in which we now live, while the lower courts have appointed themselves courts of order, concerned primarily with advancing the government’s agenda, no matter how unjust or illegal.

Yes, the world is a far more dangerous place than it was a year ago. What the president failed to mention in his State of the Union address, however (and what I document in my book A Government of Wolves: The Emerging American Police State), is the fact that it’s the government that poses the gravest threat to our freedoms and way of life, and no amount of politicking, parsing or pandering will change that. — John W. Whitehead

Attorney General Eric Holder: If the President Does It, It’s Legal

Posted: March 18, 2013 in Uncategorized
Tags: Alberto Gonzalez, attorney general, barack obama, eric holder, fourth amendment, john ashcroft, justice department, military, Miranda warnings, NDAA, nsa, nsl, President Obama

“I never thought I would see the day when a Justice Department would claim that only the most extreme infliction of pain and physical abuse constitutes torture and that acts that are merely cruel, inhuman and degrading are consistent with United States law and policy, that the Supreme Court would have to order the president of the United States to treat detainees in accordance with the Geneva Convention, never thought that I would see that a president would act in direct defiance of federal law by authorizing warrantless NSA surveillance of American citizens. This disrespect for the rule of law is not only wrong, it is destructive.”—Eric Holder, June 2008 speech to the American Constitution Society

Since the early days of our republic, the Attorney General (AG) of the United States has served as the chief lawyer for the government, entrusted with ensuring that the nation’s laws are faithfully carried out and holding government officials accountable to abiding by their oaths of office to “uphold and defend the Constitution.”

Unfortunately, far from holding government officials accountable to abiding by the rule of law, the attorneys general of each successive administration have increasingly aided and abetted the Executive Branch in skirting and, more often than not, flouting the law altogether, justifying all manner of civil liberties and human rights violations and trampling the Constitution in the process, particularly the Fourth Amendment.

No better example is there of the perversion of the office of the AG than its current occupant Eric Holder, who was appointed by President Obama in 2009. Hailed by civil liberties and watchdog groups alike for his pledge to “reverse the disastrous course that we have been on over the past few years” and usher in a new era of civil liberties under Obama, Holder has instead carried on the sorry tradition of his predecessors, going to great lengths to “justify” egregious government actions that can only be described as immoral, unjust and illegal.

Indeed, Holder has managed to eclipse both John Ashcroft and Alberto Gonzalez, whose tenures under George W. Bush earned them constant reproach by Democrats and other left-leaning groups for justifying acts of torture, surveillance of American citizens and clandestine behavior by the government. Holder, however, has largely been given a free pass by these very same groups in much the same way that Obama has. The reason, according to former Senate investigator Paul D. Thacker, is that “Obama is a Democrat. And because he is a Democrat, he’s gotten a pass from many of the civil liberty and good-government groups who spent years watching President Bush’s every move like a hawk.”

Despite getting a “pass” from those who would normally have been crying foul, during his time as attorney general, Holder has “made the Constitution scream”—that according to one of his detractors. The colorful description is apt. Some of the Justice Department’s (DOJ) “greatest hits” under Holder begin and end with his stalwart defense of the Obama administration’s growing powers, coming as they do at the expense of the Constitution.

Moreover, as head of the DOJ, Holder’s domain is vast, spanning several law enforcement agencies, including the United States Marshals Service; FBI; Federal Bureau of Prisons; National Institute of Corrections; Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; and Office of the Inspector General (OIG), as well as the U.S. National Central Bureau for INTERPOL. To say that the agencies under Holder have struggled to abide by the rule of law is an understatement.

The following are just some of the highlights of the dangerous philosophies embraced and advanced by Holder and his Justice Department.

The military can detain anyone, including American citizens, it deems a threat to the country. Not only has the DOJ persisted in defending a provision of the National Defense Authorization Act that sanctions indefinite detentions of Americans, but it has also blasted the federal judge who ruled the NDAA to be vague and chilling as overstepping the court’s authority and infringing on Obama’s power to act as Commander in Chief.

Presidential kill lists and drone killings are fine as long as the president thinks someone might have terrorist connections. Holder has gone to great lengths to defend Obama’s use of drones to target and kill American citizens, even on U.S. soil, as legally justifiable. In fact, a leaked DOJ memo suggests that the President has the power to murder any American citizen the world over, so long as he has a feeling that they might, at some point in the future, pose a threat to the United States.

The federal government has the right to seize the private property—cash, real estate, cars and other assets—of those suspected of being “connected” to criminal activity, whether or not the suspect is actually guilty. The government actually collects billions of dollars every year through this asset-forfeiture system, which it frequently divvies up with local law enforcement officials, a practice fully supported by the DOJ and a clear incentive for the government to carry out more of these “takings.”

Warrantless electronic surveillance of Americans’ telephone, email and Facebook accounts is not only permissible but legal. According to court documents, more Americans have had their electronic communications spied on as a result of DOJ orders for phone, email and Internet information—40,000 people alone in 2011—and that doesn’t even begin to take into account agencies outside Holder’s purview, terrorism investigations or requests by state and local law enforcement officials.

Judicial review is far from necessary. Moreover, while it is legal for the government to use National Security Letters (NSL) to get detailed information on Americans’ finances and communications without oversight from a judge, it is illegal to challenge the authority of the Justice Department. Administrative subpoenas or NSLs—convenient substitutes for court-sanctioned warrants that require only a government official’s signature in order to force virtually all businesses to hand over sensitive customer information—have become a popular method of bypassing the Fourth Amendment and a vital tool for the DOJ’s various agencies. Incredibly, the DOJ actually sued a telecommunications company for daring to challenge the FBI’s secret order, lacking in judicial oversight, that it relinquish information about its customers. The FBI alone has issued more than 300,000 NSLs since 2000.

Due process and judicial process are not the same. In one of his earliest attempts to justify targeted assassinations of American citizens by the president, Holder declared in a March 5, 2012 speech at the Northwestern University School of Law that “The Constitution guarantees due process, not judicial process.” What Holder was attempting to suggest is that the Fifth Amendment’s assurance that “No person shall be deprived of life, liberty, or property without due process of law” does not necessarily involve having one’s day in court and all that that entails—it simply means that someone, the president for example, should review and be satisfied by the facts before ordering someone’s death. As one history professor warned, “Insert even a sliver of difference between due process and judicial process, and you convert liberty into tyranny. Holder, sworn to uphold the laws of the United States, is the mouthpiece of that tyranny, and Obama is its self-appointed judge, jury and executioner.”

Government whistleblowers will be bankrupted, blacklisted, blackballed and in some cases banished. As AG, Holder has reportedly prosecuted more government officials for alleged leaks than all his predecessors combined. Relying on the World War I-era Espionage Act, the DOJ has launched an all-out campaign to roust out, prosecute, and imprison government whistleblowers for exposing government corruption, incompetence, and greed. Intelligence analyst Bradley Manning is merely one in a long line of so-called “enemies of the state” to feel the Obama administration’s wrath for daring to publicly criticize its policies by leaking information to the media.

Government transparency is important unless government officials are busy, can stonewall, redact, obfuscate or lie about the details, are able to make the case that they are exempt from disclosure or that it interferes with national security. AsSlate reports, “President Obama promised transparency and open government. He failed miserably.” Not only has Holder proven to be far less transparent than any of his predecessors, however, but his DOJ has done everything in its power to block access to information, even in matters where that information was already known. For example, when asked to explain the “Fast and Furious” debacle in which government operatives trafficked guns to Mexican drug lords, DOJ officials—unaware that much of the facts had already been revealed—“responded with false and misleading information that violated federal law.” When pressed for further information, the Justice Department retracted its initial response and refused to say anything more.

When it comes to Wall Street, justice is not blind. As revealed in a PBS Frontline report, the Obama administration has driven federal prosecutions of financial crimes down to a two-decade low, buoyed in its blindness to corporate corruption by campaign donations from Wall Street banks (whom Holder has determined are too big to prosecute anyhow) and staffers whose lucrative financial portfolios came about as a result of chummy relationships with financiers. As David Sirota points outs:

After watching the [PBS] piece, you will understand that the word “justice” belongs in quotes thanks to an Obama administration that has made a mockery of the name of a once hallowed executive department… Rooted in historical comparison, it contrasts how the Reagan administration prosecuted thousands of bankers after the now-quaint-looking S&L scandal with how the Obama administration betrayed the president’s explicit promise to “hold Wall Street accountable” and refused to prosecute a single banker connected to 2008′s apocalyptic financial meltdown.

Not all suspects should have the right to remain silent. In 2010, Holder began floating the idea that Miranda rights—which require that a suspect be informed of his right to remain silent—should be modified depending on the circumstances. Curiously, the Supreme Court is presently reviewing a case addressing a similar question, namely whether a suspect’s silence equates to an admission of guilt.

Clearly, it’s not the Constitution that Eric Holder is safeguarding but the power of the presidency. Without a doubt, Holder has taken as his mantra Nixon’s mantra that “When the President does it, that means it is not illegal.” It may be that the time has come to create a “non-political” and “independent” Attorney General, one who would serve the interests of the public by upholding the rule of law rather than justifying the whims of the President. — John W. Whitehead

The Power of the Imperial Presidency

Posted: February 6, 2013 in Uncategorized
Tags: civil liberties, civil rights, Congress, Democrats, Esquire, GPS devices, injustice, leaked drone memo, military empire, NDAA, police state, President Obama, republicans, Salon, terrorism

Two interesting perspectives in the news today on the revelation about Obama’s justification for using drones to kill American citizens.

The first comes from Charles P. Pierce over at Esquire. He writes:

There are two stories in the mix that define the perilously strange (and perilously vast) boundaries that we have come to set for the powers of the president of the United States who, at the moment, is Barack Obama of Illinois, but who, one day, could be Marco Rubio of Florida, or Chris Christie of New Jersey, or some nameless child born over the weekend in San Antonio, or Denver, or on the Pine Ridge reservation in South Dakota… So this is where we stand in 2013, in the second month of the second term of this administration — the president does not have the power to convince us fully to stop killing each other, but he has the full power to do it himself.

The second, “When liberals ignore injustice,” comes from Joan Walsh over at Salon.

Last year Brown University’s Michael Tesler released a fascinating study showing that Americans inclined to racially blinkered views wound up opposing policies they would otherwise support, once they learned those policies were endorsed by President Obama. Their prejudice extended to the breed of the president’s dog, Bo: They were much more likely to say they liked Portuguese water dogs when told Ted Kennedy owned one than when they learned Obama did.

But Tesler found that the Obama effect worked the opposite way, too: African-Americans and white liberals who supported Obama became more likely to support policies once they learned the president did.

More than once I’ve worried that might carry over to bad policies that Obama has flirted with embracing, that liberals have traditionally opposed: raising the age for Medicare and Social Security or cutting those programs’ benefits. Or hawkish national security policies that liberals shrieked about when carried out by President Bush, from rendition to warrantless spying. Or even worse, policies that Bush stopped short of, like targeted assassination of U.S. citizens loyal to al-Qaida (or “affiliates”) who were (broadly) deemed (likely) to threaten the U.S. with (possible) violence (some day)… I think people who care about justice have hearts and minds big enough to be concerned about all forms of injustice, and potential injustice. Late last year I admitted I looked away from some of the more disturbing national security policies of the Obama administration before the election because I knew President Romney would almost certainly pursue worse ones. But in the president’s last term, I think it’s incumbent on people who care about civil liberties to care about these policies. It would be a shame if Obama’s popularity made people who once cared about such issues care less.

Taken together, the two articles shed provide some insight into the dangerous powers being amassed by the Imperial President, a.k.a. the Executive Branch, regardless of which party is in office and with little opposition from the very groups and individuals who have historically stood against injustice, oppression and wrongdoing. — John W. Whitehead

The Age of Neo-Feudalism: A Government of the Rich, by the Rich, and for the Corporations

Posted: January 28, 2013 in Uncategorized
Tags: Chris Hedges, civil liberties, civil rights, Congress, corporations, criminal behavior, criminalization, drones, elite, FISA, fourth amendment, GPS devices, inauguration, injustice, lobbyists, lock downs, metal detectors, militarism, military empire, missouri v. mcneely, NDAA, neofeudalism, police, police state, President Obama, rich, strip searches, supreme court

“The shaping of the will of Congress and the choosing of the American president has become a privilege reserved to the country’s equestrian classes, a.k.a. the 20% of the population that holds 93% of the wealth, the happy few who run the corporations and the banks, own and operate the news and entertainment media, compose the laws and govern the universities, control the philanthropic foundations, the policy institutes, the casinos, and the sports arenas.” – Journalist Lewis Lapham

The pomp and circumstance of the presidential inauguration has died down. Members of Congress have taken their seats on Capitol Hill, and Barack Obama has reclaimed his seat in the White House. The circus of the presidential election has become a faint memory. The long months of debates, rallies, and political advertisements have slipped from our consciousness. Now we are left with the feeling that nothing has really changed, nor will it.

This is not by accident. The media circus leading up to the elections, the name calling in the halls of Congress, the vitriol and barbs traded back and forth among people who are supposed to be working together to improve the country, are all components of the game set up by those who run the show. The movers and shakers behind these engaging, but ultimately trite, political exercises are the elite, the so-called upper class, who benefit from the status quo. This status quo is marked by an economic crisis with no end in sight, by the slow but steady growth of a police state aimed at the lowest rungs of society, and a political circus which keeps us enraptured long enough that we don’t question what’s really going on.

Meanwhile, this elite, composed of corporations profiting off of our ignorance, avoid being brought to task for their destruction of democratic governance and the economy. These are the corporations who sent our economy into a tail spin and were then rewarded with taxpayer money. These are the corporations who write laws which eliminate real competition in the market in order to secure their profits through lucrative government contracts. These are the corporations who avoid criminal prosecution, and are instead slapped with meager fines which do nothing to halt their felonious activities.

We now live in a two-tiered system of justice and governance. There are two sets of laws: one set for the government and the corporations, and another set for you and me.

The laws which apply to the majority of the population allow the government to do things like rectally probe you during a roadside stop, or listen in on your phone calls and read all of your email messages, or indefinitely detain you in a military holding cell. These are the laws which are executed every single day against a population which has up until now been blissfully ignorant of the radical shift taking place in American government.

Then there are the laws constructed for the elite, which allow bankers who crash the economy to walk free. They’re the laws which allow police officers to avoid prosecution when they strip search non-violent criminals, or taser pregnant women on the side of the road, or pepper spray peaceful protestors. These are the laws of the new age we are entering, an age of neo-feudalism, in which corporate-state rulers dominate the rest of us, where the elite create the laws which can result in a person being jailed for possessing marijuana while bankers that launder money for drug cartels walk free.

Unfortunately, this two-tiered system of justice has been a long time coming. The march toward an imperial presidency, to congressional intransigence and impotence, to a corporate takeover of the mechanisms of government, and the division of America into haves and have nots has been building for years.

Journalist Chris Hedges, one of the few voices to speak against the corporate-state, who has put himself on the line by making a legal challenge to the President’s authority to indefinitely detain American citizens, summarizes the situation at hand:

“Our passivity has resulted… in much more than imperial adventurism and a permanent underclass. A slow-motion coup by a corporate state has cemented into place a neofeudalism in which there are only masters and serfs. And the process is one that cannot be reversed through the traditional mechanisms of electoral politics.”

Indeed, electoral politics are off the table as a means of reforming the system. They are so thoroughly corrupted by corporate money that there is no chance, even for a well-meaning person, to affect any real change through Congress.

Just consider the last election cycle. Both parties spent $1 billion each attempting to get their candidate elected to the presidency. This money came from rich donors and corporate sponsors, intent on getting their candidate in office. This massive spending was mirrored at the congressional level, where business lobbying soared in the last three months of the year. The U.S. Chamber of Commerce alone spent over $125 million attempting to influence members of Congress, an 88 percent increase from 2011.

Indeed, lobbyists are the source of much corruption and exchanging of money in Washington, and their attempts to woo Congressmen only exacerbate the problems inherent to the institution. Jack Abramoff should know. Jailed for bribing public officials, the former lobbyist insists that the system is every bit as corrupt now as it was when he was convicted. From job offers for staffers and Congressmen after they leave Capitol Hill, to taking representatives to sporting events and fancy restaurants, there is no shortage of methods of influencing public officials to enact the policies of special interests. According to Abramoff, these tactics are still in use today, and “the system hasn’t been cleaned up at all.”

Once their foot is in the door, these lobbyists then offer up language for legislation that is “so obscure, so confusing, so uninformative, but so precise” as to make passage as easy as possible. This legislation cements the privilege of the corporations to do as they please, making all of their dubious activities “legal.”

This lobbying is buoyed by a congressional lifestyle which demands that our representatives spend the majority of their time fund raising for campaigns, rather than responding to the needs of their constituents. In November 2012, the Democratic House leadership offered a model daily schedule to newly elected Democrats which suggests a ten-hour day, five hours of which are dominated by “call time” and “strategic outreach,” including fund raisers and correspondence with potential donors. Three or four hours are for actually doing the job they were elected to do, such as attending committee meetings, voting on legislation, and interacting with constituents.

When half of one’s time is devoted to asking for money from rich individuals and special interests, there is no way that he can respond to the problems which pervade the country. And yet, even Congressmen in safe seats are expected to fundraise constantly so as to support their colleagues in competitive districts. As Rep. John Larson (D-Conn.) put it, “…this is the mother’s milk of what [Congressmen] need to do to try to sustain their campaigns, and it’s the only system they have to work with.”

Thus, even well-meaning Congressmen face a Catch-22 where they are pushed to fundraise to secure their seats, but then once in office, it is basically impossible for them to do their jobs. The full ramifications of this are laid out by Rep. Brad Miller (D-NC):

“Any member who follows that schedule will be completely controlled by their staff, handed statements that their staff prepared, speaking from talking points they get emailed from leadership… It really does affect how members of Congress behave if the most important thing they think about is fundraising. You end up being nice to people that probably somebody needs to be questioning skeptically… You won’t ask tough questions in hearings that might displease potential contributors, won’t support amendments that might anger them, will tend to vote the way contributors want you to vote.”

The influence of corporate money on Congress is exacerbated by how out of touch Congressmen are with the daily struggles of most Americans. In February 2012, the median net worth of Congressmen was $913,000 as compared to $100,000 for the rest of the population. Aside from being immediately wealthy, Congressmen also weathered the tribulations of the financial crisis much better than the average American. An analysis of Congressional finances by theWashington Post in October 2012 revealed that the wealthiest one-third of Congress was largely shielded from the effects of the Great Recession. While the median household net worth of the average American dropped by 39 percent between 2007 and 2010, the median wealth of Congressmen rose 5 percent. It rose 14 percent for the wealthiest one-third.

At a time when most people in the country are suffering, Congressmen are profiting. This alone should demonstrate how out of touch our elected leaders have become. Members of Congress, entrusted to represent the best interests of the average American, instead play out a stilted, ineffective soap opera on our TV screens, complete with phony discussions of fiscal cliffs and debt ceilings which take the place of real proposals for meaningful change in the country.

There is no voice for the working American in the halls of Congress, the American who was promised a life beyond taxes, debt, and unemployment. There is no voice for the peace loving American, the American who understands that America’s military might is meant for defense of the homeland, not looking for trouble in faraway lands. There is no voice for the American who expects his representatives to abide by the Constitution, who laments the way Congress, the President, and the Supreme Court work together to take away our rights piece by piece. — John W. Whitehead

Sleeping Through a Revolution: It’s Time for President Obama to Wake Up to the True Legacy of Martin Luther King Jr.

Posted: January 21, 2013 in Uncategorized
Tags: civil liberties, civil rights, drones, FISA, inauguration, injustice, Martin Luther King Jr, militarism, military empire, NDAA, nonviolence, poverty, President Obama, strip searches, vietnam war

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”― Martin Luther King Jr.

As one who came of age during the civil rights era, I was profoundly impacted by the life and teachings of Martin Luther King Jr. He taught me so much more than just what it means to look beyond the color of a person’s skin—he taught me that life means nothing if you don’t stand up for the things that truly matter. And what are the things that matter? King spoke of them incessantly, in every sermon he preached, every speech he delivered and every article he wrote. Freedom, human dignity, brotherhood, spirituality, peace, justice, equality, putting an end to war and poverty—these are just a few of the big themes that shaped King’s life and, in turn, impacted so many impressionable young people like myself.

Fast forward 40 years, and we find ourselves living through historic times, with the nation’s first black president embarking on his second term in office. The comparisons between President Obama and King have been inevitable and largely favorable, helped along by Obama, who spoke at King’s Ebenezer Baptist Church in 2008, a year before taking office—accepted the Democratic nomination on the anniversary of King’s “I Have a Dream” speech—presided over the installation and dedication of a national monument to King in Washington, DC—and took his oath of office using one of King’s Bibles on the national holiday dedicated to King.

Clearly, there are similarities between the two men. As a McClatchey news article noted: “Both battled enormous odds to build historic multi-ethnic, multi-racial coalitions—one to advance the cause of civil rights only to be assassinated in 1968, the other to win the nation’s highest office. Both won the Nobel Peace Prize. Both could use soaring rhetoric to inspire millions. Both also had to overcome critics who accused them of socialist or communist sympathies, as well as black activists who maintained that they weren’t strong advocates for African-Americans.”

Yet as Fredrick Harris, the director of the Institute for Research in African-American Studies at Columbia University, reminds us, “it is easy to assume that the president is an extension of King’s legacy and the civil rights movement. For black America, in particular, Obama has already joined the pantheon of great African American leaders, alongside Harriet Tubman, Frederick Douglass, Ida B. Wells, Malcolm X and, of course, King. He has joined their ranks not for his activism or his efforts to break down racial inequality, but for the symbolic weight of being the nation’s first black president.”

We’d be doing King and his legacy a profound disservice, however, if we do not insist that Obama do more than pay lip service to the man he credits, alongside Abraham Lincoln, as being one of his two heroes. Indeed, Obama spent much of the last four years campaigning for re-election and will likely spend the next four attempting to establish a lasting legacy for his presidency.

If Obama wants to be remembered for anything more than the color of his skin, he would do well to brush up on King’s teachings, which were far more radical than the watered-down pap about him being taught today. The following key principles, largely absent from Obama’s first term in office, formed the backbone of Rev. King’s life and work.

Practice non-violence, resist militarism and put an end to war.

“I could never again raise my voice against the violence of the oppressed in the ghettos without having first spoken clearly to the greatest purveyor of violence in the world today—my own government.”—Martin Luther King Jr., Sermon at New York’s Riverside Church (April 4, 1967)

On April 4, 1967, exactly one year before his murder, King used the power of his pulpit to condemn the U.S. for “using massive doses of violence to solve its problems, to bring about the changes it wanted.” Insisting that no one who has any concern for the integrity and life of America can ignore its part in the Vietnam War, King called on the U.S. to end all bombing in Vietnam, declare a unilateral cease-fire, curtail its military buildup, and set a date for troop withdrawals. In that same sermon, King warned that “a nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death.”

Contrast this with Obama’s use of the power of his office to expand America’s military empire at great cost to the nation, authorize drone strikes which have wreaked havoc on innocent civilians, and defend indefensible police tactics used in SWAT team raids and roadside stops. Obama’s national security budget for 2013, which allots a whopping $851 billion to be spent on wars abroad, weapons and military personnel, significantly outspends the money being spent on education, poverty and disease.

Stand against injustice.

“Injustice anywhere is a threat to justice everywhere… there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws.”― Martin Luther King Jr., “Letter from a Birmingham Jail” (April 16, 1963)

Arrested and jailed for taking part in a nonviolent protest against racial segregation in Birmingham, Ala., King used his time behind bars to respond to Alabama clergymen who criticized King’s methods of civil disobedience and suggested that the courts were the only legitimate means for enacting change. His “Letter from a Birmingham Jail,” which makes the case for disobeying unjust laws, points out that “a just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.”

Contrast this with Obama’s ongoing endorsement of clearly unjust laws and government practices, some of which he has publicly acknowledged to be problematic or altogether wrong. For example, Obama signed into law the National Defense Authorization Act of 2013 and the Foreign Intelligence Surveillance Act Amendments Act, which respectively authorize the military to indefinitely detain American citizens, as well as spy on Americans who communicate with people overseas, whether they are journalists, family members, or business associates. Obama’s Justice Dept. has also urged the U.S. Supreme Court to grant police more leeway to strip search Americans and raid homes without a warrant. As King warned, “Never forget that everything Hitler did in Germany was legal.”

Work to end poverty.

“True compassion is more than flinging a coin to a beggar; it is not haphazard and superficial. It comes to see that an edifice which produces beggars needs restructuring.”—Martin Luther King Jr., Sermon at New York’s Riverside Church (April 4, 1967)

Especially in the latter part of his life, King was unflinching in his determination to hold Americans accountable to alleviating the suffering of the poor, going so far as to call for a march on Washington, DC, to pressure Congress to pass an Economic Bill of Rights. In recounting a parable about a man who went to hell because he didn’t see the poor, King cautioned his congregants: “Dives didn’t go to hell because he was rich… Dives went to hell because he was passed by Lazarus every day and he never really saw him. He went to hell because he allowed his brother to become invisible. Dives went to hell because he maximized the minimum and minimized the maximum. Indeed, Dives went to hell because he sought to be a conscientious objector in the war against poverty.”

Prioritize people over corporations.

“When machines and computers, profit motives and property rights, are considered more important than people, the giant triplets of racism, extreme materialism, and militarism are incapable of being conquered.”—Martin Luther King Jr., Sermon at New York’s Riverside Church (April 4, 1967)

With roughly 25 lobbyists per Congressman, corporate greed largely calls the shots in the nation’s capital, enabling our elected representatives to grow richer and the people poorer. One can only imagine what King would have said about a nation whose political processes, everything from elections to legislation, are driven by war chests and corporate benefactors rather than the needs and desires of the citizenry.

Stand up for what is right, rather than what is politically expedient.

“On some positions, cowardice asks the question, is it expedient? And then expedience comes along and asks the question, is it politic? Vanity asks the question, is it popular? Conscience asks the question, is it right? There comes a time when one must take the position that is neither safe nor politic nor popular, but he must do it because conscience tells him it is right.”—Martin Luther King Jr., Sermon at National Cathedral (March 31, 1968)

Five days before his murder, King delivered a sermon at National Cathedral in Washington, DC, in which he noted that “one of the great liabilities of life is that all too many people find themselves living amid a great period of social change, and yet they fail to develop the new attitudes, the new mental responses, that the new situation demands. They end up sleeping through a revolution.”

As King recognized, there is much to be done if we are to make this world a better place, and we cannot afford to play politics when so much hangs in the balance. It’s time, Mr. President, to wake up. To quote your hero: “[O]ur very survival depends on our ability to stay awake, to adjust to new ideas, to remain vigilant and to face the challenge of change. The large house in which we live demands that we transform this world-wide neighborhood into a world-wide brotherhood. Together we must learn to live as brothers or together we will be forced to perish as fools.” — John W. Whitehead

John W. Whitehead, Constitutional Attorney

Whitehead’s NEW Book: Battlefield America

A Government of Wolves

John W. Whitehead

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