Posts Tagged ‘police’

The Constitution vs. the Commander-in-Chief: The Duty to Disobey Unlawful Orders

Posted: December 3, 2025 in Uncategorized
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“The United States boldly broke with the ancient military custom of swearing loyalty to a leader. Article VI required that American Officers thereafter swear loyalty to our basic law, the Constitution… Our American Code of Military Obedience requires that, should orders and the law ever conflict, our officers must obey the law… This nation must have military leaders of principle and integrity so strong that their oaths to support and defend the Constitution will unfailingly govern their actions.”—“Loyalty to the Constitution” plaque located on the grounds of the United States Military Academy

Every military servicemember’s oath is a pledge to defend the Constitution against all enemies, foreign and domestic.

It is not an oath to a politician. It is not an oath to a party. And it is not an oath to the police state.

Yet what happens when those same men and women are being told—by their own government—that obedience to power and loyalty to a political leader come before allegiance to the Constitution they swore to uphold?

That question isn’t hypothetical.

It is the moral line now being tested in real time, and it goes to the heart of what kind of country we are: do we live in a constitutional republic governed by the rule of law, or in a militarized police state where “legality” is whatever the person with the most power and the biggest army say it is?

The answer becomes painfully clear when you look at what our troops are being ordered to do—and what “we the people” are tacitly allowing them to be ordered to do—in the so-called name of national security.

Members of the military are now being deployed domestically to police their fellow American citizens in ways that trample the spirit, if not the letter, of the Posse Comitatus Act.

It’s legally dubious enough that the military is being used to enforce immigration crackdowns and police protests in American cities. But now they’re being tasked with killing civilians far from any declared battlefield in the absence of an imminent threat—all while being told that questioning the legality of those missions is itself a form of disloyalty.

So, which is it: obedience to the Constitution or the Commander-in-Chief?

At the center of this latest maelstrom is a report that Defense Secretary Pete Hegseth issued a verbal order to “kill everybody” on a maritime vessel in the Caribbean that was suspected of transporting drugs.

According to multiple accounts, after an initial “lethal, kinetic” strike disabled the vessel and killed nine men on board, a second strike was carried out to kill two survivors clinging to the wreckage—an alleged “double tap strike” that legal experts warn could constitute murder or a war crime if the survivors no longer posed a threat.

In all, the boat was reportedly hit four times: twice to kill the eleven occupants on board and twice more to sink the boat.

Intentionally killing survivors clinging to the remains of a boat in the middle of the ocean, in the absence of an imminent threat, whether or not the U.S. is engaged in “armed conflict” with drug cartels, is unlawful.

Murder on the high seas is a crime.

Even the Pentagon’s manual on the law of war says combatants who are “wounded, sick, or shipwrecked” no longer pose a threat and should not be attacked.

Some Republicans who have, until now, turned a blind eye to the Trump administration’s most egregious offenses against the Constitution appear reluctant to let this one slide.

Not surprisingly, the Trump administration has done an about-face.

Hegseth—who bragged about watching the September 2 strike live—now claims he wasn’t in the room when the second strike happened.

Suddenly, the White House—which had been gleefully chest-thumping over its power to kill extrajudicially—is signaling its willingness to scapegoat subordinates in the chain of command.

The man with his head on the chopping block is Adm. Frank M. “Mitch” Bradley.

Clearly, it’s a lesson learned too late: when you’re dealing with power-hungry authoritarians, loyalty is no guarantee of protection. It’s always the men and women who carry out the unlawful orders—not the ones who give them—who end up paying the price.

Here’s the problem, though. While the media fixates on who will bear the blame for ordering the double-tap strike, the government war machine is moving forward, full steam ahead.

The Sept. 2 boat strike was part of a broader Trump administration campaign of maritime attacks that has already killed at least 80 people at sea, all without a formal declaration of war or due process—evidence of who they were or what they had done—to warrant an extrajudicial execution.

This is yet another of Trump’s everywhere, endless wars—this time at sea—sold as toughness on “narco-terrorists” at a moment when his poll numbers are slipping, economic promises have failed to manifest, and new Epstein-related revelations continue to surface.

When presidents manufacture new fronts in a forever war whenever they need a distraction, we should all beware.

The Trump administration has tried to frame this preemptive maritime war on suspected “narco-terrorists” as a “non-international armed conflict” with designated terrorist organizations.

Yet what it amounts to is an undeclared war, launched in international waters, without just cause and without congressional authorization.

The legal landscape is not murky—it is clear.

Most of the public debate has revolved around those technical legalities—what kind of conflict this is, which statutes apply, which court might have jurisdiction—yet what is really at stake is whether we are training a generation of American troops to believe that loyalty to a leader can excuse disobedience to, or even override, the Constitution.

Three bodies of law converge here: the Constitution’s allocation of war powers, the international law of armed conflict, and the Uniform Code of Military Justice.

First, there has been no declaration of war by Congress. Under the Constitution, only Congress can declare war. The president cannot start wars based solely on his own authority.

Second, the law of armed conflict and the law of the sea forbid killing shipwrecked survivors who pose no immediate threat.

Third, the Uniform Code of Military Justice requires every servicemember to refuse manifestly unlawful orders.

A command to “kill everybody” is precisely the kind of order these guardrails were written to forbid.

The rationale that “I was just following orders” is not a defense to war crimes. That is the core lesson of the Nuremberg Trials and the modern law of armed conflict.

Of course, the police state wants mindless automatons who obey unquestioningly.

Reporting on the trial of Nazi bureaucrat Adolf Eichmann for the New Yorker in 1963, Hannah Arendt explained, “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.”

Arendt, a Holocaust survivor, denounced Eichmann, a senior officer who organized Hitler’s death camps, for being a bureaucrat who unquestioningly carried out orders that were immoral, inhumane and evil. This, Arendt concluded, was the banality of evil, the ability to engage in wrongdoing or turn a blind eye to it, without taking any responsibility for your actions or inactions.

Coincidentally, the same year that Arendt’s book Eichmann in Jerusalem: A Report on the Banality of Evil was published, Martin Luther King Jr. penned his “Letter from a Birmingham Jail,” in which he points out “that everything Adolf Hitler did in Germany was ‘legal’ and everything the Hungarian freedom fighters did in Hungary was ‘illegal.’ It was ‘illegal’ to aid and comfort a Jew in Hitler’s Germany.”

In other words, there comes a time when law and order are in direct opposition to justice.

Every military recruit is supposed to learn in basic training that there is a duty to obey lawful orders, and an equal duty to disobey manifestly unlawful orders.

No president—Republican or Democrat—can override that principle.

The Commander-in-Chief may issue orders, but he does not get to erase the Constitution or rewrite the laws of war by fiat.

The White House rationale—that a preemptive “kill everybody” attack “was conducted in self-defense to protect U.S. interests”—should terrify every American.

If the government can redefine “self-defense” to justify killing incapacitated survivors on a sinking boat, then it can justify killing anyone—at home or abroad, in uniform or out of it.

No matter how the White House spins it, however, these are crimes and those involved—from Hegseth on down—could find themselves in legal jeopardy and should be held accountable.

The pressure on the military is mounting.

The Orders Project, a nonpartisan initiative that helps connect servicemembers with outside legal counsel, reports a spike in calls from military personnel concerned that they could be asked to carry out an illegal order or pressured to take part in missions that violate their training in the laws of war.

Given Hegseth’s much-publicized approach to waging war without constraints—he has openly derided the military’s Judge Advocate General corps and championed a more “unshackled” approach to lethal force—these concerns are reasonable.

Indeed, there has been enough cause for concern that six members of Congress, all with military or national security backgrounds, recorded a message reminding servicemembers what the law requires: “Our laws are clear. You can refuse illegal orders…you must refuse illegal orders. No one has to carry out orders that violate the law or our constitution.”

For re-stating what every recruit is taught in basic training, these lawmakers have been accused by President Trump of “sedition” and branded as “traitors” who should be arrested and punished by death. The FBI has reportedly opened an investigation. Hegseth has even threatened to recall one of the lawmakers—Senator Mark Kelly, a retired Navy captain—to active duty in order to court-martial him for his remarks.

The message from the top could not be clearer: allegiance to the Constitution is a crime.

Every person like myself who has served in uniform has experienced the tension between following orders and honoring that oath. Discipline requires obedience, but a constitutional republic requires lawful obedience.

That is why the oath matters.

It is not an oath to a man, a party, or a policy agenda. It is an oath to a charter of law: the Constitution.

At West Point, a 1943 “Loyalty to the Constitution” plaque proclaims: “should orders and the law ever conflict, our officers must obey the law.”

That principle is not antiquated. It is the foundation of American civil-military relations. Remove it, and what remains is not a republic but a personality cult with weapons.

The danger becomes even clearer when you examine the rhetoric now shaping national policy.

For instance, Homeland Security Secretary Kristi Noem recently urged the president to impose “a full travel ban on every damn country that’s been flooding our nation with killers, leeches, and entitlement junkies.”

A harsher irony is hard to find.

A good case could be made that it is, in fact, the U.S. government that is flooding our nation with killers, leeches, and entitlement junkies. Just consider Trump’s steady spate of presidential pardons, the latest to Juan Orlando Hernández, the former president of Honduras, who had been sentenced to 45 years in prison for conspiring with drug traffickers to move cocaine into the U.S.

According to U.S. prosecutors, Hernández—quoted as saying he wanted to “shove the drugs right up the noses of the gringos by flooding the United States with cocaine”—took bribes from drug traffickers and had the country’s armed forces protect a cocaine laboratory and shipments to the U.S.

So the president is blowing up boats in the Caribbean he claims—without proof—are ferrying drugs all the while pardoning someone who was convicted of conspiring to transport hundreds of tons of cocaine into the U.S.

This corrupt double standard has become business as usual for the Trump administration.

Now Trump wants to launch land attacks on Venezuela, a country that is conveniently richer in oil reserves than Iraq—all in the so-called name of fighting the war on drugs.

The rapid buildup of U.S. military forces in the Caribbean—which according to news reports includes a range of aircraft carriers, guided-missile destroyers, and amphibious assault ships capable of landing thousands of troops, as well as a nuclear-powered submarine and spy planes—far exceeds what would be needed for a supposed counternarcotics operation and is worrisome enough on its own.

Yet conscripting the military to do the dirty work of the police state—and then throwing them under the bus for doing so—takes us into even darker territory.

The U.S. government’s weaponization of the armed forces for political power is a betrayal of the Constitution, but it is also a betrayal of the very men and women who swore to give their lives for it.

This has never been about public safety.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, this has always been about power—who wields it, who is protected by it, and who is crushed under it.

And once a government shows a willingness to break faith with its defenders, it will break faith with anyone.

A government that can discard its military service members can discard its whistleblowers and truth-tellers who expose corruption.

A government that can discard its military service members can discard its journalists, judges, and watchdogs in the press and the courts who insist on transparency and limits to power.

A government that can discard its military service members can discard its political opponents and dissidents, its religious and racial minorities, its immigrants and asylum seekers, its small business owners and workers who organize, its parents and community members who speak up locally, and any citizen who dares to say “no” when the state demands “yes.”

This betrayal of those who swore an oath to the Constitution is not an accident—it is a warning.

Be warned.

Source: https://tinyurl.com/5xaj9s93

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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. 

Giving Thanks for Our Blessings Means Saying ‘No Thanks’ to Police State Tyranny

Posted: November 25, 2025 in Uncategorized
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“Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster, and what has happened once in 6000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world.”—Daniel Webster

We find ourselves approaching that time of year when, as George Washington and Abraham Lincoln proclaimed, we’re supposed to give thanks as a nation and as individuals for our safety and our freedoms.

It’s not an easy undertaking.

The contrast between George Washington’s first Thanksgiving proclamation and the state of the nation today reveals how far we have drifted—and how low we have fallen—since Washington called upon early Americans (a nation of immigrants) to give thanks for a government that protected their safety and happiness, and for a Constitution designed to safeguard civil and religious liberty.

But how do you give thanks for freedoms that are constantly being eroded?

How do you express gratitude for one’s safety when the perils posed by the American police state grow more treacherous by the day?

How do you come together as a nation in thanksgiving when the powers-that-be continue to polarize and divide us into warring factions?

To our collective misfortune, we have been saddled with a government that is a far cry from Washington’s vision: governed by wise, just, constitutional laws; faithfully executed by principled public servants; promoting peace, virtue, and liberty; and fostering the prosperity of the nation.

Instead, the U.S. government has become a warring empire: lawless in its ambitions, militarized in its posture, abusive in its policing, and increasingly hostile to conscience, truth, and constitutional limits.

Washington never intended Thanksgiving to be a day of glib platitudes—a moment to be grateful for whatever crumbs the government chooses to bestow upon us. He intended it to be a day of reflection, honesty, and moral accounting, a day when the nation examines its failures, acknowledges its wrongs, and commits to restoring liberty in the year ahead.

If Thanksgiving is to mean anything in times such as these, it must also compel us to speak plainly about the forces that threaten our freedom. Giving thanks for our blessings requires the courage to say “no thanks” to the very forces working to strip away the blessings we claim to celebrate.

In that true spirit of Thanksgiving, here is a sobering list of things for which we should not give thanks in this age of the American police state.

Say “no thanks” to oligarchy and self-serving, pay-to-play politics. A pay-to-play culture now permeates the highest levels of government, dominated by a mindset that money—not law—defines the boundaries of power. America is being bought and sold by corporate elites and political cronies. “We the People” have been pushed into a permanent underclass, ruled by a political machine that monetizes every aspect of governance—surveillance, policing, incarceration, immigration enforcement, even war itself. Our elected officials increasingly represent the interests of the wealthy and well-connected rather than the rights and needs of the citizenry. This is oligarchy masquerading as representative government.

Say “no thanks” to an imperial presidency that rules by fiat. Executive power has metastasized into something the Framers would not recognize. In 2025 alone, we have seen:

• sweeping executive orders redefining law without Congress’ oversight or approval,
• federal agencies weaponized against political enemies,
• unilateral decisions to deploy federal troops domestically,
• and attempts to redefine constitutional rights by proclamation.

Whether the occupant of the Oval Office is a Republican or Democrat, the result is the same: presidents now behave as lawmakers, judges, and enforcers combined — a constitutional impossibility and a recipe for dictatorship. The Founders warned us plainly: when one person claims the authority to rule by decree, liberty is already in mortal danger.

Say “no thanks” to martial law and standing armies used against the American people. What once would have been unthinkable is now routine. National Guard units have been federalized to police protests. Tactical teams roam American streets outfitted like combat forces. A generation of Americans is growing up under the shadow of armored vehicles and militarized responses to ordinary civil unrest. This year’s federal deployments in California and elsewhere following ICE raids—justified by vague claims of “restoring order”—are only the latest sign. A government comfortable using soldiers against its own citizens is a government that has abandoned the constitutional line between civilian authority and military force.

Say “no thanks” to the government’s fear tactics. Fear is the oldest tool of tyranny. We have seen fear weaponized to justify:

• speech crackdowns,
• “domestic threat” watchlists,
• expanded surveillance authorities,
• “emergency powers” without end,
• and the rounding up of vulnerable populations under the guise of safety.

From mental-health “round-ups” to demands that soldiers obey unlawful commands without question, fear has become the operating currency of government power. When the people are afraid, they can be controlled. When one’s right to conscience is criminalized, that conscience can be silenced.

Say “no thanks” to endless wars. For more than two decades, the U.S. has been mired in endless wars without clear objectives, limits, or endpoints. The war footing has become perpetual—an unbroken justification for secrecy, surveillance, militarization, and unchecked executive power. Wars abroad have consequences at home: they brutalize our politics, exhaust our populace, expand federal power, and normalize the idea that violence—rather than diplomacy, law, or liberty—is the default solution for national problems.

Say “no thanks” to everywhere wars. When government can label anyone, anywhere, an “enemy” in order to wage war, we are all in danger. That danger is no longer theoretical. In the same breath that the administration touts lethal military strikes against Venezuelan boats in Caribbean waters, federal agents are conducting coordinated militarized raids on communities across the country. The lesson to be learned: a nation permanently on war footing eventually turns its war machinery inward.

Say “no thanks” to the transformation of domestic police into extensions of the military.  For decades, billions in Pentagon gear—tanks, drones, armored carriers, battlefield weapons — have been funneled to local police under the 1033 military surplus program. Training once reserved for war zones has become standard for domestic policing. The results are unmistakable:

• SWAT raids for routine warrants,
• trigger-happy policing,
• a “kill or be killed” mentality,
• and communities patrolled like occupied territories.

The police are no longer peace officers. They are an occupying force.

Say “no thanks” to ICE raids that trample constitutional rights and terrorize communities. What began as an agency tasked with immigration enforcement has mutated into something far darker: a roaming domestic strike force. ICE’s quota-driven model incentivizes arrests at all costs, creating a bounty-hunter culture in which constitutional rights are obstacles, not guarantees. From coast to coast, ICE goon squads—incognito, thuggish, fueled by profit-driven incentives and outlandish quotas, and empowered by the Trump administration to act as if they are untouchable—are prowling neighborhoods, churches, courthouses, hospitals, bus stops, and worksites, anywhere “suspected” migrants might be present, snatching people first and asking questions later. No one is off limits—not even American citizens.

Say “no thanks” to a government mindset that seeks to transform the nation into a prison state. From the creation of Alligator Alcatraz to the administration’s $170 billion plan for megaprisons, the U.S. incarceration system is being expanded at breakneck speed. Combined with predictive enforcement, surveillance dragnets, and limits on due process, the United States is rapidly becoming a prison state — one that cages not only bodies, but autonomy, dissent, and opportunity.

Say “no thanks” to a surveillance state that has become a fourth branch of government.  We now live in a world in which everything—your words, your purchases, your location, your associations—is recorded, stored, and weaponized by the government and its corporate partners in crime. The surveillance state watches, catalogs, and predicts everything we do. This year alone has seen the normalization of:

• Palantir-powered national tracking systems,
• AI threat-scoring of ordinary Americans,
• geofence warrants turning whole neighborhoods into suspects,
• biometric mandates proposed as “public health tools,”
• and the creation of federal databases of “pre-crime indicators.”

Say “no thanks” to a government that punishes the poor. 2025 has brought a brutal resurgence of debtors’ courts, cash-bail coercion, poverty penalties, and retaliatory prosecutions. The criminal legal system has become a two-tiered caste structure—harsh for the poor, lenient for the powerful.

Say “no thanks” to policies that muzzle dissent. Whistleblowers, journalists, activists, and critics continue to find themselves targeted for speaking truth to power. In a climate where thought crimes and “dangerous ideas” are policed, those who criticize the government are increasingly being portrayed as traitors and subjected to investigation and prosecution.

Say “no thanks” to courts that rubber-stamp government power. Time and again, the courts have chosen order over justice, secrecy over transparency, and government power over constitutional rights—refusing to rein in geofence warrants, no-knock raids, military deployments, or the ever-expanding surveillance state.

Say “no thanks” to a government that criminalizes the rights enshrined in the Constitution. Perhaps the most alarming development of all is the growing chorus of political voices calling for the arrest—even the execution—of those who urge members of the military to follow their conscience and refuse unlawful, unconstitutional orders. Let us be clear: the American military’s oath is to the Constitution—not to any president, political agenda, or unlawful order. Anyone who suggests otherwise should be court-martialed.

Say “no thanks” to government theft disguised as fines, fees, taxes, and forfeitures. When the government can seize your home, your car, your money, or your property without due process, you are no longer a free citizen—you are a subject. Asset forfeiture, civil penalties, red-light cameras, code-enforcement schemes, and debt-trap fines have turned the government at all levels into a predatory revenue machine. The line between public property and private property has vanished. This is legalized theft.

At some point, we’ve got to face up to the uncomfortable truth that freedom is slipping through our fingers, and that the government now poses a greater threat to our safety than any outside force ever could.

We cannot keep pretending that “it can’t happen here” while it is happening all around us.

There comes a point at which no people—not even a patient, hopeful, long-suffering people—can continue pretending that the crumbs of liberty left to them constitute freedom.

Thanksgiving is supposed to remind us of our blessings. But it is also meant to remind us of our responsibilities.

A free people must do more than count their blessings.

We must guard them. We must assert them. We must defend them—even when doing so is dangerous, costly, or unpopular.

There is still time to turn back from the brink, but the hour is late.

If we want future generations to enjoy even a measure of the freedom we inherited, then “We the People” must refuse to go quietly into the machinery of the police state.

We must refuse to be governed by fear.

We must refuse to surrender our rights for the illusion of safety.

And we must refuse to bow to those who insist that conscience is treason and obedience is the highest virtue.

The Founders gave us a constitutional republic on the condition that we fight to keep it. That responsibility cannot be outsourced to politicians, courts, or parties. It rests squarely with the people themselves, with those who refuse to surrender conscience, rights, or truth to the demands of tyrants.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the only force strong enough to restrain government overreach is an informed, engaged, and courageous citizenry that will not trade its birthright for the hollow comforts of authoritarianism.

The future of freedom depends not on presidents or parties but on “We the People”—ordinary individuals who refuse to be silent, refuse to be intimidated, and refuse to give up on the promise of America.

So this Thanksgiving, let us give thanks. But let us also say—with clarity and conviction—no thanks to tyranny, in whatever form it takes.

Source: https://tinyurl.com/3z6wd9wz

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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. 

Your Car Is Protected by the Fourth Amendment. A K-9’s Snout Shouldn’t Change That.

Posted: November 21, 2025 in Uncategorized
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WASHINGTON, DC — In yet another ruling that contributes to the steady normalization of police overreach, the U.S. Supreme Court has refused to rein in police K-9 drug-sniff searches during traffic stops.

By declining to hear an appeal in Mumford v. Iowa, the Court let stand an Iowa Supreme Court ruling that allows police to rely on a drug dog’s intrusion into a car’s interior during a traffic stop—even when officers lack probable cause to believe the car contains contraband. In a 5-2 decision in Mumford v. Iowa, the Iowa Supreme Court upheld as constitutional a search in which a police K-9 placed its paws on a car door and inserted its snout through an open window before alerting to drugs.

The Rutherford Institute, joined by Restore the Fourth, had urged the U.S. Supreme Court to overturn the ruling, arguing that warrantless, nonconsensual intrusions into protected spaces violate the Fourth Amendment, which extends its protection to a person’s vehicle. The amicus brief further warned that allowing a police dog to breach the interior of a car provides no limiting principle: if a dog’s snout may trespass inside a vehicle without probable cause, then so might thermal-imaging devices, x-ray scanners, fiberscopes, or other police technologies.

“What this ruling makes clear is that no American is safe from government intrusion, not even during a routine traffic stop. This is how constitutional rights are lost—not in dramatic sweeps, but in small, incremental intrusions that courts refuse to check,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “If a police dog’s snout can be used to justify a warrantless search of a car, then there is nothing to stop the government from using ever more intrusive technologies, surveillance tools, and police instrumentalities to invade our privacy with little to no judicial oversight.”

The case arose after an Iowa police officer initiated a traffic stop of Ashlee Mumford’s vehicle, claiming the last two numbers on her license plate were obscured by dirt and grime. The officer summoned a K-9 unit, and Mumford and her passenger were ordered out of the vehicle “for their own safety” while the handler walked the dog around the car to conduct a “free air sniff.” Because Mumford’s passenger had left his window open, the dog pushed its snout through the open window into the cabin before alerting to drugs. A subsequent search of the vehicle uncovered drugs in the glove compartment which apparently belonged to the passenger. Officers then searched Mumford’s purse—which she had taken with her upon exiting the vehicle—and found marijuana and a pipe.

Mumford moved to suppress all evidence found as a result of the K-9’s alert, but the Iowa Supreme Court ruled 5-2 that the dog’s intrusion through the open window of a legally stopped vehicle does not require the suppression of evidence under the Fourth Amendment. Two justices dissented, reasoning that if an officer cannot lawfully stick his head inside a car without probable cause, neither should a police dog—acting as an officer’s instrumentality—be permitted to do so. The dissent also questioned whether police could direct their drug dogs to climb entirely inside a vehicle’s passenger compartment. Pushing back against the Iowa Supreme Court’s characterization of the drug sniff intrusion as minimal, the amici warned that unconstitutional practices often gain a foothold through seemingly minor transgressions.

Anand Agneshwar, Anna K. Thompson, and Tamryn Holley of Arnold & Porter Kaye Scholer LLP advanced the arguments in the amicus brief.

The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

Source: https://tinyurl.com/bdh4v37e

Political Gaslighting: The Government’s Latest Playbook for Dismantling the Constitution

Posted: September 17, 2025 in Uncategorized
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“That was when they suspended the Constitution… There wasn’t even an enemy you could put your finger on.”—Margaret Atwood, The Handmaid’s Tale

What we are witnessing is not a government of the people, by the people, and for the people; it is a government over the people.

Call it what it is: political gaslighting—the regime says one thing while doing the opposite, and insists on the citizenry’s trust while dismantling the very checks and balances that make trust possible.

So when the powers-that-be claim to be protecting the Constitution, they’re dismantling it at every turn. In this way, the mechanisms of constitutional government—separation of powers, federalism, due process, and the Bill of Rights—are being hollowed out in plain sight.

Although this dismantling did not start with President Trump, it has accelerated beyond imagining.

What was once a slow bleed is now a hemorrhage—and it is not random. The damage is unfolding on two parallel tracks: a steady, methodical, bureaucratic erosion (rule changes, executive orders, new databases) paired with shock-and-awe surges (National Guard deployments, mass round-ups, headline-grabbing prosecutions).

The words may say “freedom” and “order,” but the deeds smack of tyranny.

Attorney General Pam Bondi vows to punish “hateful” speech even as the administration normalizes hateful rhetoric and violent imagery. Vice President JD Vance promises to “go after” those with a “leftist” ideology while preaching free-speech absolutism for allies.

The Trump administration denounces “hate speech” even as it excuses and downplays the Jan. 6 riots; pledges fiscal restraint while shoveling billions into surveillance, prisons, and domestic deployments; wraps itself in law-and-order while tolerating lawlessness by cronies; sermonizes about faith and morality while normalizing cruelty as governance; and peddles outrage over waste while spending lavishly on the trappings of office.

Rights are framed as absolute for friends and privileges for critics. That is the opposite of constitutional government, which holds everyone—especially those in power—to the same rule of law, applied evenly.

If the government can police ideas, deploy troops at home, run dragnets by algorithm, disappear people into distant prisons, build spectacle cages, and amass power in one office, then no American is safe—including those who cheer these efforts today.

If you believe in limited government, equal justice, and due process—whatever your party—these double standards should alarm you most, because the precedents being cheered today will be wielded against you tomorrow.

What follows is a running ledger of the gaslighting playbook and its constitutional costs.

The Gaslight: “We’re Restoring the Constitution.”
Reality: The “temporary” powers created after 9/11 have hardened into a permanent police-state architecture—Patriot Act surveillance, secret FISA processes and National Security Letters, DHS fusion centers, a diluted Fourth Amendment “border zone,” civil-asset forfeiture, Pentagon 1033 militarization, Real ID, facial-recognition and geofence warrants—now run at full throttle across administrations.
The Cost: A police state.

The Gaslight: “We Value Law and Order.”
Reality: The administration deployed Marines and the National Guard into American streets to police protests protected by the First Amendment. On September 2, 2025, a federal judge ruled that the administration’s deployment of thousands of Guard troops and U.S. Marines to Los Angeles—ostensibly for immigration protests—violated the Posse Comitatus Act, describing a “top-down, systemic effort” to militarize civil law enforcement. The Constitution’s framers feared standing armies and military occupations of American communities.
The Cost: The death of Posse Comitatus.

The Gaslight: “We Defend Free Speech.”
Reality: Dissent is criminalized, expressive conduct is relitigated, and disfavored groups face terror labels and IRS pressure. Protest is a right, not a privilege, yet the government increasingly recasts organized dissent as conspiracy. After the Charlie Kirk shooting, the White House floated designating “antifa” and other liberal groups as domestic terrorists, bringing racketeering cases against funders, and targeting nonprofits critical of the administration—all while downplaying right-wing violence. Fold in Bondi’s vow to target “hateful” speech and Vance’s pledge to eradicate “leftist ideology,” and power slides from punishing unlawful acts to policing ideas.
The Cost: A weaponized First Amendment.

The Gaslight: “We’re Protecting You from Extremists.”  
Reality: Watchlists without due process, elastic “material support” theories, politicized “extremism” labels, and donor targeting that treat journalists, whistleblowers, activists—even parents at school boards—as suspects first and citizens second. Speaking truth to power is reframed as a security risk. In free societies, the state fears the citizen; in unfree ones, the citizen fears the state.
The Cost: Dissent rebranded as extremism.

The Gaslight: “We’re Ending Federal Censorship.”
Reality: On Day One, the President signed an order to “end federal censorship.” Read closely, it asserts sweeping control over how agencies interact with media platforms and broadcasters, rebranding ordinary outreach and fact-checking as First Amendment violations, while positioning the Executive as referee of the private square. By centralizing power over the flow of information in the Executive Branch, it threatens the independence of the very private forums where Americans speak. The test of free speech is whether the government stays out of the marketplace of ideas—not whether it curates it to the President’s liking.
The Cost: The state as speech referee.

The Gaslight: “We Use Smart Tech, Not Dragnet Surveillance.”
Reality: The administration is fusing government databases and outsourcing “intelligence” to private vendors in such a way that data becomes the warrant. ICE’s new $30 million deal with Palantir to build “ImmigrationOS” promises to identify, track, and deport people using AI-driven analytics and cross-agency data sharing. Add in geofence warrants, face-scan dragnets, and fusion-center “suspicious activity” pipelines, and you get a domestic intelligence system that presumes guilt by data trail.
The Cost: Probable cause replaced by algorithms.

The Gaslight: “We’re Tough on Crime.”
Reality: This year, U.S. agencies financed the transfer of migrants to El Salvador’s mega-prison (CECOT), where families and lawyers lost contact with detainees for months. Florida’s “Alligator Alcatraz” detention site whetted the government’s appetite for scaled-up incarceration, converting state prisons into immigration jails nationwide. These attempts by the Trump administration constitute an end run around longstanding constitutional protections for anyone accused of a crime. The common denominator is spectacle over justice, expansion over restraint.  
The Cost: The death of due process.

The Gaslight: “We’re Compassionate, Not Cruel.”  
Reality: The push to clear homeless encampments combines criminalization with expanded involuntary commitments. A July 24, 2025 executive order encourages states to funnel people into institutions and mental-health courts, tying funding to “maximum” use of commitments—an end-run around the presumption of liberty that undergirds due process.
The Cost: Bureaucratic coercion over compassion.

The Gaslight: “We’re Streamlining Government.”
Reality: The separation of powers was intended to serve as a check against any one government agency becoming too powerful. Yet the administration has pressed an aggressive unitary-executive theory to encroach on independent agencies, such as the Federal Reserve. Scholars warn this could erase the independence of agencies designed to check the White House.
The Cost: Checks and balances gutted.

The Gaslight: “We’re Keeping America Safe Overseas.”
Reality: Killing by assassination, not authorization. Twice in recent months, U.S. forces have launched unannounced attacks on Venezuelan boats, killing crews without warning or due process, on the mere assertion that they were drug traffickers.
The Cost: War powers and judicial oversight bypassed.

The Gaslight: “We’re Fixing Wasteful Spending.”
Reality: Having poured billions into surveillance, prisons, and domestic deployments, the “police-state budget” unravels the economy while eroding liberty.
The Cost: A debt-funded police state.

Many who cherish ordered liberty, limited government, fiscal restraint, and constitutional morality would normally recoil at these tactics under any other administration, so why not now?

Principles should not change because the party in power has changed, and yet that’s exactly what continues to drive the double standard.

If there’s a constitutional scorecard, “we the people” are on the losing team right now.

The First Amendment is buckling as protest is chilled, expressive conduct is targeted, opponents are threatened with terror labels, and the Executive Branch expands control over the speech ecosystem.

The Fourth and Fifth Amendments have been weakened by AI surveillance and cross-agency fusion that normalize suspicionless tracking, while offshore detention and coerced commitments compromise due process.

The Eighth Amendment is mocked by harsh, theatrical detention regimes.

Federalism and the Tenth Amendment give way when federal troops step into local policing.

Separation of powers erodes as an inflated unitary-executive theory encroaches on independent agencies.

War powers are skirted by extrajudicial killings abroad. And fiscal responsibility is inverted as surveillance and prison appropriations swell while liberty contracts.

What must happen now?

Congress must codify guardrails against domestic military use—tighten Posse Comitatus, narrow Insurrection Act exceptions, and mandate transparency for any domestic mission. Courts and prosecutors should reaffirm expressive rights, rejecting end-runs around Texas v. Johnson and refusing cases that criminalize symbolism.

Lawmakers must impose bright-line limits on data fusion, bar cross-agency pooling for generalized surveillance, and require algorithmic transparency and adversarial testing before any tool touches liberty. The U.S. must prohibit outsourcing detention to abusive regimes, close loopholes, and apply human-rights scrutiny to every foreign arrangement.

The independence of watchdogs and the Fed needs protection through clear “for cause” standards. States and cities should decriminalize homelessness and fund housing-first approaches instead of coercive commitments.

Congress must reassert war powers, requiring explicit authorization before any attack abroad. And fiscal sanity must be restored: sunset emergency outlays for surveillance and prison build-outs, mandate GAO audits of domestic deployments and fusion contracts, and attach civil-liberties impact statements to major security spending.

Our job as citizens is not to trust the government but to bind it down with the Constitution. “In questions of power,” Thomas Jefferson warned, we must “bind [government] down from mischief by the chains of the Constitution.”

Whatever you do, don’t trust the government with your privacy. Don’t trust it with your property: no-knock raids and forfeiture turn “private” property into whatever authorities permit you to keep.

Don’t trust it with your finances: Washington spends money it doesn’t have on programs it can’t afford. Don’t trust it with your life: force without accountability is not protection.

Above all, don’t trust it with your freedoms: on paper, rights endure; in practice, they are rationed by policy memos, watchlists, and shifting lines in the sand.

This should never be a right-vs-left debate; it’s the State vs. your liberty.

If you wouldn’t trust your worst political enemy with these weaponized tools, you shouldn’t trust your favorite politician with them either.

So think nationally, act locally.

Rebuild the habits of self-government where you live: know your neighbors and officials; know your rights and your city charter; ask who runs the jail and demand transparency; vet the people you entrust with power; and hold officials to account—show up, file requests, appeal, document, organize.

This is the work in front of us—not knee-jerk outrage, but persistent, consistent work to fortify the “chains of the Constitution.”

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, if we let emergency rule become ordinary rule—military troops as beat cops, protest as crime, data as warrant, assassination as policy, money as politics—there won’t be a Constitution left to defend.

Source: https://tinyurl.com/ydxdjx5b

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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. 

The New Gulag: Mental Health Detentions and the Criminalization of Dissent

Posted: July 31, 2025 in Uncategorized
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“There are no dangerous thoughts; thinking itself is a dangerous activity.”—Hannah Arendt

The government’s war on homelessness—much like its war on terrorism, its war on drugs, its war on illegal immigration, and its war on COVID-19—is yet another Trojan Horse.

First, President Trump issues an executive order empowering federal agencies to clear out homeless encampments and lock up the homeless in mental institutions using involuntary civil commitment laws intended for dealing with individuals experiencing mental health crises.

Days later, a gunman allegedly suffering from a mental illness opens fire in New York City, killing four before turning the gun on himself.

Coming on the heels of Trump’s executive order aimed at “ending crime and disorder on America’s streets,” the shooting has all the makings of a modern-day Reichstag fire: a tragedy weaponized to justify allowing the government use mental illness as a pretext for locking more people up without due process.

An Orwellian exercise in doublespeak, Trump’s executive order suggests that jailing the homeless, rather than providing them with affordable housing, is the “compassionate” solution to homelessness.

According to USA Today, social workers, medical experts and mental health service providers say the president’s approach “will likely worsen homelessness across the country, particularly because Trump’s order contains no new funding for mental health or drug treatment. Additionally, they say the president appears to misunderstand the fundamental driver of homelessness: People can’t afford housing.”

And then comes the kicker: Trump wants to see more use of civil commitments (forced detentions) for anyone who is perceived as posing a risk “to themselves or the public or are living on the streets and cannot care for themselves in appropriate facilities for appropriate periods of time.”

Translation: the government wants to use homelessness as a pretext for indefinitely locking up anyone who might pose a threat to its chokehold on police state power.

When you consider the ramifications of giving the American police state that kind of authority to preemptively neutralize a potential threat, you’ll understand why some might view these looming mental health round-ups with trepidation.

By directing police to carry out forced detentions of individuals based not on criminal behavior but on perceived mental instability or drug use, the Trump administration is attempting to sidestep fundamental constitutional protections—due process, probable cause, and the presumption of innocence—by substituting medical discretion for legal standards.

Taken to its authoritarian limits, this could allow the government to weaponize the label of mental illness as a means of exiling dissidents who refuse to march in lockstep with its dictates.

Police in cities like New York have already been empowered to forcibly detain individuals for psychiatric evaluations, based on vague, subjective criteria: having “firmly held beliefs not congruent with cultural ideas,” exhibiting “excessive fears,” or refusing “voluntary treatment.”

What happens when these criteria are expanded to encompass anyone who challenges the police state’s narrative?

Once the government is allowed to control the narrative over who is deemed mentally unfit, mental health care could become yet another pretext for pathologizing dissent in order to disarm and silence the government’s critics.

Take heed: this has the potential to become the next phase of the government’s war on thought crimes, cloaked in the guise of public health and safety.

According to the Associated Press, federal agencies have been exploring how to incorporate “identifiable patient data” into their surveillance toolkits, including behavioral health records.

The infrastructure is already in place to profile and detain individuals based on perceived psychological “risks.”

The government is actively exploring how to use data from wearable health devices—including heart rate, stress response, and sleep patterns—to flag individuals for intervention. Now imagine a future in which your Fitbit or Apple Watch triggers a mental health alert, resulting in your forced removal “for your own safety.”

Mass surveillance combined with artificial intelligence-powered programs that can track people by their biometrics and behavior, mental health sensor data (tracked by wearable data and monitored by government agencies such as HARPA), threat assessments, behavioral sensing warnings, precrime initiatives, red flag gun laws, mental health first-aid programs aimed at training gatekeepers to identify who might pose a threat to public safety, and government access to behavioral health records could pave the way for a regime of police state authoritarianism by way of preemptive mental health detentions.

If the police state is equipping itself to monitor, flag, and detain anyone it deems mentally unfit, without criminal charges or trial, this could be the tipping point in the government’s efforts to penalize those engaging in so-called “thought crimes.”

This is not about public safety. It’s about control.

We’ve seen this tactic before. When governments seek to suppress dissent without provoking outrage, they turn to psychiatric labels.

Throughout history, from Cold War-era Soviet gulags to modern pre-crime initiatives, authoritarian regimes have used psychiatric labels to isolate, discredit, and eliminate dissidents.  As historian Anne Applebaum notes, administrative exile, which required no trial and due process, “was an ideal punishment not only for troublemakers as such, but also for political opponents of the regime.”

The word “gulag” refers to a labor or concentration camp where prisoners (oftentimes political prisoners or so-called “enemies of the state,” real or imagined) were imprisoned as punishment for their crimes against the state. Soviet dissidents were often declared mentally ill, institutionalized in prisons disguised as psychiatric hospitals, and subjected to forced medication and psychological torture.

Totalitarian regimes used such tactics to isolate political dissidents from the rest of society, discredit their ideas, and break them physically and mentally.

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

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

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

What’s unfolding in America is the modern police state’s version of that same script.

Civil commitment laws are found in all states and employed throughout American history.

Under the doctrines of parens patriae and police power, the government already claims authority to confine those deemed unable to act in their own best interest or who pose a threat to society.

When fused, these doctrines give the state enormous discretion to preemptively lock people up based on speculative future threats, not actual crimes.

This discretion is now expanding at warp speed.

The result is a Nanny State mindset carried out with the militant force of the Police State.

Once dissent is equated with danger—and danger with illness—those who challenge the state become medicalized threats, subject to detention not for what they’ve done, but for what they believe.

We’ve already seen what happens when dissent is pathologized and criminalized, and civil commitment laws are weaponized:

  • Russ Tice, an NSA whistleblower, was labeled “mentally unbalanced” after attempting to testify in Congress about the NSA’s warrantless wiretapping program.
  • Adrian Schoolcraft, an NYPD officer who exposed police corruption, was forcibly committed to a mental facility in retaliation.
  • Brandon Raub, a Marine who posted controversial political views on Facebook, was arrested and detained in a psychiatric ward under Virginia’s mental health laws.

These cases aren’t anomalies—they’re warning signs.

Government programs like Operation Vigilant Eagle, launched in 2009, characterized military veterans as potential domestic terrorists if they showed signs of being “disgruntled or disillusioned.” A 2009 DHS report broadly defined “rightwing extremists” as anyone seen as antigovernment.

The result? A surveillance dragnet aimed at military veterans, political dissidents, gun owners, and constitutionalists.

Now, under the banner of mental health, the same dragnet is being equipped with red flag gun laws, predictive policing, and involuntary detention authority.

In theory, these laws are meant to prevent harm. In practice, they punish thought, not conduct.

Trump’s latest executive order doesn’t just target the homeless—it establishes a precedent for rounding up anyone deemed a threat to the government’s version of law and order.

The same playbook that pathologized opposition to war or police brutality as “Oppositional Defiant Disorder” could now be used to classify political dissent as a psychiatric illness.

This is not hyperbole.

The government’s ability to silence dissent by labeling it as dangerous or diseased is well documented—and now it’s about to be codified into law.

Red flag gun laws, for example, authorize government officials to seize guns from individuals viewed as a danger to themselves or others. The stated intention is to disarm individuals who are potential threats. No mental health diagnosis is required. No criminal charge. Just a hunch. Those most likely to be targeted? The people already on government watch lists: political activists, veterans, gun owners, and anyone labeled an “extremists”— a term that now applies to anyone critical of the government.

While the intention may appear reasonable—disarming people who pose an “immediate danger” to themselves or others—the problem arises when you put the power to determine who is a potential danger in the hands of a police state that equates dissent with extremism.

This is the same police state that uses the words “anti-government,” “extremist” and “terrorist” interchangeably.

The same police state whose agents are weaving a web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports using AI, social media surveillance, behavior sensing software, and citizen snitches to identify potential threats.

The same police state that renews the NDAA year after year—authorizing the indefinite military detention of U.S. citizens.

The same police state that considers you suspicious based on your religion, your bumper stickers, or your political beliefs.

As a New York Times editorial warns, you may be labeled an anti-government extremist (a.k.a. domestic terrorist) if you are afraid that the government is plotting to confiscate your firearms, believe the economy is about to collapse, fear the government will soon declare martial law, or display too many political and/or ideological bumper stickers on your car.

This is the same police state that now wants access to your mental health data, your digital footprint, your biometric records—and the legal authority to detain you for your own good.

And it’s the same police state that, facing rising protests, unrest, and collapsing public trust, is seeking new ways to suppress dissent—not through open force, but under the cover of public health.

This is where thought crimes become real crimes.

We’ve seen this trajectory before.

The war on drugs.

The war on terror.

The war on COVID.

Each began with real concerns. Each ended as a tool of compliance, coercion, and control.

Now, as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, we are entering a new war: the war on anti-government dissidents.

We are fast approaching a future where you can be locked up for the thoughts you think, the beliefs you hold, or the questions you ask.

The government will use any excuse to suppress dissent and control the narrative.

It will start with the homeless.

Then the mentally ill.

Then the so-called extremists.

Then the critics, the contrarians, and the constitutionalists.

Eventually, it will come for anyone who dares to get in the government’s way.

This is how tyranny rises. This is how freedom falls.

Unless we resist this creeping mental health gulag, the prison gates will eventually close on us all.

Source: https://tinyurl.com/3hy6km93

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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. 

Wrong Address, Wrong Target, Real Justice: U.S. Supreme Court Holds FBI Liable for Botched SWAT Raid

Posted: July 11, 2025 in Uncategorized
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WASHINGTON, DC — In a unanimous opinion, the U.S. Supreme Court has ruled that the federal government can be held accountable for a botched FBI SWAT raid that targeted the wrong home and terrorized an innocent family.

The case stems from a middle-of-the-night SWAT raid in which heavily armed FBI agents in tactical gear stormed the home of Curtrina Martin, deployed a flashbang grenade, and held Hilliard Cliatt and Martin at gunpoint before realizing they had the wrong address. The Supreme Court’s decision in Martin v. United States affirms that the Constitution’s Supremacy Clause does not shield the federal government from liability under the Federal Tort Claims Act (FTCA). The Rutherford Institute and the National Police Accountability Project filed an amicus brief urging the Court to allow victims of such reckless raids to hold the government accountable.

“These SWAT raids have become a thinly veiled, court-sanctioned excuse to let heavily armed police crash through doors in the dead of night,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Too often, they’re marked by incompetence, devastation, and death—leaving a trail of broken homes and broken lives, while law enforcement escapes accountability.”

As part of “Operation Red Tape,” an FBI initiative targeting gang activity in Georgia, agents sought to execute an arrest warrant at the home of a suspected gang member. However, during a pre-raid drive-by, the team leader used his personal GPS and misidentified the home—failing to verify the street name and house number. Hours later, as part of a pre-dawn raid, the SWAT team descended on Martin’s house, a block from the actual target, breached the front door, and deployed a flashbang. Believing they were being burglarized, Martin attempted to reach her 7-year-old child. Only after detaining Cliatt and Martin at gunpoint did agents realize their mistake in targeting the wrong house.

Having been “left with personal injuries and property damage—but few explanations and no compensation,” the family filed a lawsuit alleging negligence, trespass, false arrest and imprisonment, emotional distress, and assault and battery under the FTCA. Although the Eleventh Circuit dismissed the case—holding that the Supremacy Clause barred such claims—the Supreme Court reversed. Pointing out that “the Supremacy Clause supplies a rule of decision when federal and state laws conflict”, the Supreme Court explained that the FTCA itself is the “supreme” federal law and explicitly allows state-law tort claims against the government. In a concurring opinion, Justices Sotomayor and Jackson noted that Congress specifically amended the FTCA to hold the federal government accountable after a 1973 incident where 15 officers mistakenly raided multiple homes, holding innocent families at gunpoint. That amendment, they emphasized, was designed to ensure accountability for precisely these kinds of abuses. The Court sent the lawsuit back for further proceedings.

The amicus brief in Martin v. United States was authored by Eugene R. Fidell with the Yale Law School Supreme Court Clinic, along with Charles A. Rothfeld of Mayer Brown LLP and Paul W. Hughes of McDermott Will & Emery LLP.

The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

Case History

April 10, 2025 • Wrong Address, Wrong Target, Real Terror: U.S. Supreme Court Agrees to Hear FBI Raid Case

Source: https://tinyurl.com/yc38sh3n

America’s Most Lawless Agency: ICE Is the Prototype for Tyranny

Posted: June 25, 2025 in Uncategorized
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“Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”—Justice Louis D. Brandeis

While the U.S. wages war abroad—bombing Iran, escalating conflict, and staging a spectacle of power for political gain—a different kind of war is being waged here at home.

This war at home is quieter but no less destructive. The casualties are not in distant deserts or foreign cities. They are our freedoms, our communities, and the Constitution itself.

And the agents of this domestic war? Masked thugs. Unmarked vans. Raids. Roundups.

Detentions without due process. Retaliation against those who dare to question or challenge government authority. People made to disappear into bureaucratic black holes. Fear campaigns targeting immigrant communities and political dissenters alike. Surveillance weaponized to monitor and suppress lawful activity.

Packaged under the guise of national security—as all power grabs tend to be—this government-sanctioned thuggery masquerading as law-and-order is the face of the Trump Administration’s so-called war on illegal immigration.

Don’t fall for the propaganda that claims we’re being overrun by criminals or driven into the poorhouse by undocumented immigrants living off welfare.

The real threat to our way of life comes not from outside invaders, but from within: an unelected, unaccountable enforcement agency operating above the law.

President Trump insists that ICE (Immigration and Customs Enforcement) is focused on violent criminals, but the facts tell a different story (non-criminal ICE arrests have surged 800% in six months)—and that myth is precisely what enables the erosion of rights for everyone.

By painting enforcement as narrowly targeted, the administration obscures a far broader dragnet that sweeps up legal residents, naturalized citizens, and native-born Americans alike.

What begins with immigrants rarely ends there.

According to the Cato Institute, 65 percent of people taken by ICE had no convictions, and 93 percent had no violent convictions at all.

This isn’t targeted enforcement—it’s indiscriminate purging.

What ICE—an agency that increasingly resembles a modern-day Gestapo—is doing to immigrants today, it can and will do to citizens tomorrow: these are the early warning signs of a system already in motion.

The machinery is in place. The abuses are ongoing. And the constitutional safeguards we rely on are being ignored, dismantled, or bypassed entirely.

When legal residents, naturalized citizens, and native-born Americans are swept up in ICE’s raids, detained without cause, and subjected to treatment that defies every constitutional protection against government overreach, this isn’t about immigration.

It’s not about danger. It’s about power—unchecked and absolute.

This is authoritarianism by design.

Here are just a few examples of how ICE’s reach now extends far beyond a criminal class of undocumented immigrants:

This pattern of abuse is not accidental.

It reflects a deliberate strategy of fear and domination by ICE agents acting like an occupying army, intent on intimidating the population into submission while the Trump Administration redraws the boundaries of the Constitution for all within America’s borders, citizen and immigrant alike.

This is how you dismantle a constitutional republic: not in one dramatic moment, but through the steady erosion of rights, accountability, and rule of law—first for the marginalized, then for everyone.

When constitutional guarantees become conditional and oversight is systematically evaded, all Americans—regardless of status—stand vulnerable to a regime that governs by fear rather than freedom.

We’ve seen this playbook before.

It’s the same strategy used by fascist regimes to consolidate power—using fear, force, and propaganda to turn public institutions into instruments of oppression.

ICE raids often occur without warrants. Agents frequently detain individuals not charged with any crime. Homes, schools, hospitals, workplaces, and courthouses have all become targets. Agents in plain clothes swarm unsuspecting individuals, arrest them without explanation, and separate families under the pretense of national security. In many cases, masked agents refuse to identify themselves at all—creating a climate of terror where the public cannot distinguish lawful enforcement from lawless abduction.

This is not justice. It is intimidation. And it has become business as usual.

ICE has even begun deputizing local police departments to carry out these raids.

Through an expanded network of partnerships, ICE has turned routine traffic stops into pipelines for deportation. According to The Washington Post, immigrants stopped on the way to volleyball practice, picking up baby formula, or heading to job sites have been detained and, in some cases, sent to a notorious mega-prison in El Salvador.

This is what politicizing and weaponizing local police looks like.

Even members of Congress attempting to exercise constitutional oversight have been turned away from ICE facilities. As The New York Times reported, ICE now claims the authority to “deny a request or otherwise cancel” congressional visits based on vague “operational concerns”—effectively placing its operations beyond democratic scrutiny.

Beyond the high-profile arrests, the abuse runs deeper.

Julio Noriega, a 54-year-old American citizen, was snatched up off the street and detained in Chicago for 10 hours without explanation. Leonardo Garcia Venegas, a U.S.-born citizen, was detained because ICE dismissed his REAL ID as fake. Cary López Alvarado, a pregnant U.S. citizen, was handcuffed and arrested for challenging ICE agents who had followed her fiancé to work. Children, veterans, and immunocompromised individuals have all suffered under ICE’s dragnet.

These are not outliers. They are the product of a system that operates without meaningful checks.

ICE agents are rarely held accountable. Internal investigations are ineffective. Congress has abdicated oversight. Directives from the Trump administration—including those authored by Stephen Miller—have turbocharged deportations and loosened any remaining restraints.

From boots on the ground to bytes in the cloud, ICE’s unchecked power reflects a broader shift toward authoritarianism, fueled by high-tech surveillance, public indifference and minimal judicial oversight. The agency operates a sprawling digital dragnet: facial recognition, license plate readers, cellphone tracking, and partnerships with tech giants like Amazon and Palantir feed massive databases—often without warrants or oversight.

These same tools—hallmarks of a growing surveillance state—are now being quietly repurposed across other federal agencies, setting the stage for an integrated surveillance-policing regime that threatens the constitutional rights of every American.

This isn’t about safety. It’s about control.

These tools aren’t just targeting undocumented immigrants—they’re laying the digital scaffolding for a future in which everyone is watched, scored, and subject to state suspicion.

Quotas over justice. Algorithms over rights.

ICE’s operations have little to do with individualized threat assessments. What drives these raids is not public safety but bureaucratic performance. Field offices are under pressure to meet arrest quotas, creating a system that incentivizes indiscriminate sweeps over focused investigations.

As Jennie Taer writes for the NY Post:

“The Trump administration’s mandate to arrest 3,000 illegal migrants per day is forcing ICE agents to deprioritize going after dangerous criminals and targets with deportation orders, insiders warn. Instead, federal immigration officers are spending more time rounding up people off the streets… Agents are desperate to meet the White House’s high expectations, leading them to leave some dangerous criminal illegal migrants on the streets, and instead look for anyone they can get their hands on at the local Home Depot or bus stop.”

Predictive algorithms and flawed databases replace constitutional suspicion with digital hunches, turning enforcement into a numbers game and transforming communities into statistical targets.

Constitutional safeguards are being replaced by digital suspicion.

We now live in a nation where lawful dissent—especially from immigrants or those perceived as outsiders—can place someone under state suspicion. The line between investigation and persecution has been erased.

Fear needs fuel.

And ICE finds it in propaganda: just as the Gestapo used propaganda to justify its cruelty, ICE relies on the language of fear and division. When the government labels people “invaders,” “animals,” or “thugs,” it strips them of humanity—and strips us of our conscience.

This rhetoric serves to distract and divide. It normalizes abuse. And it ensures that, once targeted, no one is safe.

The construction of a new ICE mega-prison in Florida—nicknamed “Alligator Alcatraz” for its proposed moat and remote location—serves as a grotesque symbol of the Trump Administration’s mass deportation agenda: out of sight, beyond accountability, and surrounded by literal and bureaucratic barriers to due process.

And Trump’s shifting stance on industries that rely on migrant labor—one moment threatening crackdowns, the next signaling exemptions for hotels, farms, and construction—reveals what this campaign is really about: not security, but political theater.

It’s not about danger; it’s about dominance.

But the crisis isn’t just rhetorical. It’s systemic. Agents are trained to obey, not to question. Immunity shields misconduct. Whistleblowers are punished. Watchdogs are ignored. Courts too often defer to executive power.

This is not law enforcement—it is authoritarian enforcement.

And it’s not limited to immigrants. It’s creeping into every corner of American life.

When a government can detain its own citizens without due process, punish political dissent, and target individuals for what they believe or how they look, it is no longer governed by law. It is governed by fear.

The Constitution was designed to prevent this. But rights are meaningless when no one is held accountable for violating them.

That is why the solution must go beyond the ballot box.

We must dismantle the machinery of oppression that enables ICE to act as judge, jury, and jailer.

Congress must ban warrantless raids, end predictive profiling, and prohibit mass surveillance. It must enforce real oversight and revoke the legal shields that insulate abusive agents from consequences.

We must reassert the rule of law, not just through legislation, but through a cultural recommitment to constitutional values. That includes transparency, demilitarization, and equal protection for all—citizens and non-citizens alike.

This is not just a fight over immigration policy. It’s a battle for the soul of our nation.

ICE is not the exception. It is the prototype.

As I make clear in my books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State, the same blueprint is being applied across the federal landscape: to protest monitoring, dissent suppression, and data-mined predictive policing.

If we fail to dismantle the ICE model, we normalize it—and risk reproducing it everywhere else.

ICE has become the beta test—perfecting the merger of technology, policing, and executive power that could soon define American governance as a whole.

Make no mistake: when fear becomes law, freedom is the casualty.

If we don’t act soon, we may find that the Constitution is the next to be detained.

James Madison warned that “the accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny.”

When ICE acts as enforcer, jailer, and judge for the president, those fears are no longer theoretical—they are the daily reality for countless people within U.S. borders.

Source: https://tinyurl.com/fc2ffn45

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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.

The Real National Emergency: Endless Wars, Failing Infrastructure, and a Dying Republic

Posted: June 18, 2025 in Uncategorized
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“Every gun that is made, every warship launched, every rocket fired signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed.”—President Dwight D. Eisenhower (April 16, 1953)

Seventy years after President Dwight D. Eisenhower warned about the cost of a military-industrial complex, America is still stealing from its own people to fund a global empire.

In 2025 alone, the U.S. has launched airstrikes in Yemen (Operation Rough Rider), bombed Houthi-controlled ports and radar installations (killing scores of civilians), deployed greater numbers of troops and multiple aircraft carriers to the Middle East, and edged closer to direct war with Iran in support of Israel’s escalating conflict.

Each of these “new” fronts has been sold to the public as national defense. In truth, they are the latest outposts in a decades-long campaign of empire maintenance—one that lines the pockets of defense contractors while schools crumble, bridges collapse, and veterans sleep on the streets at home.

This isn’t about national defense. This is empire maintenance.

It’s about preserving a military-industrial complex that profits from endless war, global policing, and foreign occupations—while the nation’s infrastructure rots and its people are neglected.

The United States has spent much of the past half-century policing the globe, occupying other countries, and waging endless wars.

What most Americans fail to recognize is that these ongoing wars have little to do with keeping the country safe and everything to do with propping up a military-industrial complex that has its sights set on world domination.

War has become a huge money-making venture, and the U.S. government, with its vast military empire, is one of its best buyers and sellers.

America’s role in the Russia-Ukraine conflict has already cost taxpayers more than $112 billion.

And now, the price of empire is rising again.

Clearly, it’s time for the U.S. government to stop policing the globe.

The U.S. military reportedly has more than 1.3 million men and women on active duty, with more than 200,000 of them stationed overseas in nearly every country in the world.

American troops are stationed in Somalia, Iraq and Syria. In Germany, South Korea and Japan. In Saudi Arabia, Jordan and Oman. In Niger, Chad and Mali. In Turkey, the Philippines, and northern Australia.

Those numbers are likely significantly higher in keeping with the Pentagon’s policy of not fully disclosing where and how many troops are deployed for the sake of “operational security and denying the enemy any advantage.” As investigative journalist David Vine explains, “Although few Americans realize it, the United States likely has more bases in foreign lands than any other people, nation, or empire in history.”

Incredibly, America’s military forces aren’t being deployed abroad to protect our freedoms here at home. Rather, they’re being used to guard oil fields, build foreign infrastructure and protect the financial interests of the corporate elite. In fact, the United States military spends about $81 billion a year just to protect oil supplies around the world.

America’s military empire spans nearly 800 bases in 160 countries, operated at a cost of more than $156 billion annually. As Vine reports, “Even US military resorts and recreation areas in places like the Bavarian Alps and Seoul, South Korea, are bases of a kind. Worldwide, the military runs more than 170 golf courses.”

This is how a military empire occupies the globe.

For 20 years, the U.S. war machine propped up Afghanistan to the tune of trillions of dollars and thousands of lives lost. When troops left Afghanistan, the military-industrial complex simply shifted theaters—turning Yemen, Iran, and the Red Sea into new frontlines.

Each new conflict is marketed as national defense. In reality, it’s business as usual for the Pentagon’s global footprint, with American soldiers used as pawns in the government’s endless quest to control global markets, prop up foreign regimes, and secure oil, data, and strategic ports—all while being told it’s for liberty.

This is how the military-industrial complex, aided and abetted by the likes of Donald Trump, Joe Biden, Barack Obama, George W. Bush, Bill Clinton and others, continues to get rich at taxpayer expense.

Yet while the rationale may keep changing for why American military forces are policing the globe, these wars abroad aren’t making America—or the rest of the world—any safer, are certainly not making America great again, and are undeniably digging the U.S. deeper into debt.

War spending is bankrupting America.

Although the U.S. constitutes only 5% of the world’s population, America boasts almost 50% of the world’s total military expenditure, spending more on the military than the next 19 biggest spending nations combined.

In fact, the Pentagon spends more on war than all 50 states combined spend on health, education, welfare, and safety.

The American military-industrial complex has erected an empire unsurpassed in history in its breadth and scope, one dedicated to conducting perpetual warfare throughout the earth.

Since 2001, the U.S. government has spent more than $10 trillion waging its endless wars, much of it borrowed, much of it wasted, all of it paid for in blood and taxpayer dollars.

Add Yemen and the Middle East escalations of 2025, and the final bill for future wars and military exercises waged around the globe will total in the tens of trillions.

Co-opted by greedy defense contractors, corrupt politicians and incompetent government officials, America’s expanding military empire is bleeding the country dry at a rate of more than $32 million per hour.

In fact, the U.S. government spent more money every five seconds in Iraq than the average American earns in a year.

Talk about fiscally irresponsible: the U.S. government is spending money it doesn’t have on a military empire it can’t afford.

Even if we ended the government’s military meddling today and brought all of the troops home, it would take decades to pay down the price of these wars and get the government’s creditors off our backs.

As investigative journalist Uri Friedman puts it, for more than 15 years now, the United States has been fighting terrorism with a credit card, “essentially bankrolling the wars with debt, in the form of purchases of U.S. Treasury bonds by U.S.-based entities like pension funds and state and local governments, and by countries like China and Japan.”

War is not cheap, but it becomes outrageously costly when you factor in government incompetence, fraud, and greedy contractors. Indeed, a leading accounting firm concluded that one of the Pentagon’s largest agencies “can’t account for hundreds of millions of dollars’ worth of spending.”

Unfortunately, the outlook isn’t much better for the spending that can be tracked.

A government audit found that defense contractor Boeing has been massively overcharging taxpayers for mundane parts, resulting in tens of millions of dollars in overspending. As the report noted, the American taxpayer paid:

$71 for a metal pin that should cost just 4 cents; $644.75 for a small gear smaller than a dime that sells for $12.51: more than a 5,100 percent increase in price. $1,678.61 for another tiny part, also smaller than a dime, that could have been bought within DoD for $7.71: a 21,000 percent increase. $71.01 for a straight, thin metal pin that DoD had on hand, unused by the tens of thousands, for 4 cents: an increase of over 177,000 percent.

The fact that such price gouging has become an accepted form of corruption within the American military empire is a sad statement on how little control “we the people” have over our runaway government.

Mind you, this isn’t just corrupt behavior. It’s deadly, downright immoral behavior.

Americans have thus far allowed themselves to be spoon-fed a steady diet of pro-war propaganda that keeps them content to wave flags with patriotic fervor and less inclined to look too closely at the mounting body counts, the ruined lives, the ravaged countries, the blowback arising from ill-advised targeted-drone killings and bombing campaigns in foreign lands, or the transformation of our own homeland into a warzone.

The bombing of Yemen’s Ras Isa port by U.S. forces—killing more than 80 civilians—is just the latest example of war crimes justified as national interest.

That needs to change.

The U.S. government is not making the world any safer. It’s making the world more dangerous. It is estimated that the U.S. military drops a bomb somewhere in the world every 12 minutes. Since 9/11, the United States government has directly contributed to the deaths of around 500,000 human beings. Every one of those deaths was paid for with taxpayer funds.

With the 2025 escalation, those numbers will only rise.

The U.S. government is not making America any safer. It’s exposing American citizens to alarming levels of blowback, a CIA term referring to the unintended consequences of the U.S. government’s international activities. Chalmers Johnson, a former CIA consultant, repeatedly warned that America’s use of its military to gain power over the global economy would result in devastating blowback.

The 9/11 attacks were blowback. The Boston Marathon Bombing was blowback. The attempted Times Square bomber was blowback. The Fort Hood shooter, a major in the U.S. Army, was blowback.

The U.S. military’s ongoing drone strikes will, I fear, spur yet more blowback against the American people.

The war hawks’ militarization of America—bringing home the spoils of war (the military tanks, grenade launchers, Kevlar helmets, assault rifles, gas masks, ammunition, battering rams, night vision binoculars, etc.) and handing them over to local police, thereby turning America into a battlefield—is also blowback.

James Madison was right: “No nation could preserve its freedom in the midst of continual warfare.” As Madison explained, “Of all the enemies to public liberty war is, perhaps, the most to be dreaded because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes… known instruments for bringing the many under the domination of the few.”

We are seeing this play out before our eyes.

The government is destabilizing the economy, destroying the national infrastructure through neglect and a lack of resources, and turning taxpayer dollars into blood money with its endless wars, drone strikes and mounting death tolls.

The nation’s infrastructure is in shambles. Public schools are underfunded. Mental health care is collapsing. Basic needs like housing, transportation, and clean water go unmet. Meanwhile, government contractors drop bombs on third-world villages and call it strategy.

This isn’t just bad budgeting. It’s moral bankruptcy. A country that can’t care for its own people has no business policing the rest of the world.

Bridges collapse, water systems fail, students drown in debt, and veterans sleep on the streets—while the Pentagon builds runways in the desert and funds proxy wars no one can explain.

Clearly, our national priorities are in desperate need of overhauling.

We are funding our own collapse. The roads rot while military convoys roll. The power grid fails while the drones fly. Our national strength is being siphoned off to feed a war machine that produces nothing but death, debt, and dysfunction.

We don’t need another war. We need a resurrection of the republic.

It’s time to stop policing the world. Bring the troops home. Shut down the military bases. End the covert wars. Slash the Pentagon’s budget. The path to peace begins with a full retreat from empire.

At the height of its power, even the mighty Roman Empire could not stare down a collapsing economy and a burgeoning military. Prolonged periods of war and false economic prosperity largely led to its demise. As historian Chalmers Johnson predicts:

The fate of previous democratic empires suggests that such a conflict is unsustainable and will be resolved in one of two ways. Rome attempted to keep its empire and lost its democracy. Britain chose to remain democratic and in the process let go its empire. Intentionally or not, the people of the United States already are well embarked upon the course of non-democratic empire.

This is the “unwarranted influence, whether sought or unsought, by the military-industrial complex” that President Dwight Eisenhower warned us not to let endanger our liberties or democratic processes.

Eisenhower, who served as Supreme Commander of the Allied forces in Europe during World War II, was alarmed by the rise of the profit-driven war machine that emerged following the war—one that, in order to perpetuate itself, would have to keep waging war.

We failed to heed his warning.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, war is the enemy of freedom.

As long as America’s politicians continue to involve us in wars that bankrupt the nation, jeopardize our servicemen and women, increase the chances of terrorism and blowback domestically, and push the nation that much closer to eventual collapse, “we the people” will find ourselves in a perpetual state of tyranny.

In the end, it’s not just the empire that falls. It’s the republic it hollowed out along the way.

Source: https://tinyurl.com/3k2jfchj

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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.

The Spectacle of a Police State: This Is Martial Law Without a Formal Declaration of War

Posted: June 10, 2025 in Uncategorized
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Reporter: “What’s the bar for sending in the Marines?”

Trump: “The bar is what I think it is.“

In Trump’s America, the bar for martial law is no longer constitutional—it’s personal.

Indeed, if ever we needed proof that Donald Trump was an operative for the Deep State, this is it.

Despite what Trump would have us believe, the Deep State is not the vast numbers of federal employees who have been fired as part of his government purge.

Rather, the Deep State refers to the entrenched network of unelected bureaucrats, intelligence agencies, military contractors, surveillance firms, and corporate lobbyists that operate beyond the reach of democratic accountability. It is a government within a government—an intelligence-industrial complex that persists regardless of who sits in the Oval Office and whose true allegiance lies not with the Constitution but with power, profit, and control.

In other words, the Deep State doesn’t just survive presidential administrations—it recruits them. And in Trump, it has found a showman willing to turn its agenda into a public performance of raw power—militarized, theatrical, and loyal not to the Constitution, but to dominance.

What is unfolding right now in California—with hundreds of Marines deployed domestically; thousands of National Guard troops federalized; and military weapons, tactics and equipment on full display—is the latest chapter in that performance.

Trump is flexing his presidential muscles with a costly, violent, taxpayer-funded military display intended to intimidate, distract and discourage us from pulling back the curtain on the reality of the self-serving corruption, grift, graft, overreach and abuse that have become synonymous with his Administration.

Don’t be distracted. Don’t be intimidated. Don’t be sidelined by the spectacle of a police state.

As columnist Thomas Friedman predicted years ago, “Some presidents, when they get into trouble before an election, try to ‘wag the dog’ by starting a war abroad. Donald Trump seems ready to wag the dog by starting a war at home.”

This is yet another manufactured crisis fomented by the Deep State.

When Trump issues a call to “BRING IN THE TROOPS!!!” explaining to reporters that he wants to have them “everywhere,” we should all be alarmed.

This is martial law without a formal declaration of war.

This heavy-handed, chest-thumping, politicized, militarized response to what is clearly a matter for local government is yet another example of Trump’s disregard for the Constitution and the limits of his power.

Political protests are protected by the First Amendment until they cross the line from non-violent to violent. Even when protests turn violent, constitutional protocols remain for safeguarding communities: law and order must flow through local and state chains of command, not from federal muscle.

By breaking that chain of command, Trump is breaking the Constitution.

Deploying the military to deal with domestic matters that can—and should—be handled by civilian police, despite the objections of local and state leaders, crosses the line into authoritarianism.

When someone shows you who they are, believe them.

In the span of a single week, the Trump administration is providing the clearest glimpse yet of its unapologetic, uncompromising, corrupt allegiance to the authoritarian Deep State.

First came the federalization of the National Guard, deployed to California in response to protests sparked by violent and aggressive Immigration and Customs Enforcement (ICE) raids across the country. Then, just days later, the president is set to preside over a lavish, taxpayer-funded military parade in the nation’s capital.

These two events bookend the administration’s unmistakable message: dissent will be crushed, and power will be performed.

Trump governs by force (military deployment), fear (ICE raids, militarized policing), and spectacle (the parade).

This is the spectacle of a police state. One side of the coin is militarized suppression. The other is theatrical dominance. Together, they constitute the language of force and authoritarian control.

Wrapped in the rhetoric of “public safety” and “restoring order,” the federalization of California’s National Guard is not about security. It’s about signaling power.

This is the first time in over half a century that a president has forcibly deployed the National Guard against a state governor’s wishes. California Gov. Gavin Newsom’s public opposition to the deployment was met not with dialogue, but with the threat of arrest from Trump himself—a move that evokes the worst abuses of executive power.

This is more than political theater; it is a constitutional crisis in motion.

As we have warned before, this tactic is familiar.

In times of political unrest, authoritarian regimes invoke national emergencies as pretexts to impose military solutions. The result? The Constitution is suspended, civilian control is overrun, and the machinery of the state turns against its own people.

This is precisely what the Founders feared when they warned against standing armies on American soil: that one day, the military might be used not to defend the people, but to control them. Where the military marches at home, the Republic trembles.

And this is not unprecedented.

It is a textbook play from the authoritarian handbook, deployed with increasing frequency under Trump. The optics are meant to intimidate, to broadcast control, and to discourage resistance before it begins.

Fear is the Deep State’s favorite tool—it doesn’t just control the people, it conditions them to surrender voluntarily.

Thus, deploying the National Guard in this manner is not just a political maneuver—it is a strategic act of fear-based governance designed to instill terror, particularly among vulnerable communities, and ensure compliance.

As President Harry S. Truman observed, “Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.”

Under Trump, the lines between a civilian democracy and a military regime continue to blur. American streets increasingly resemble war zones, where peaceful protests are met with riot gear, armored vehicles, and surveillance drones.

America is being transformed into a battlefield before our eyes.

Militarized police. Riot squads. Black uniforms. Armored vehicles. Pepper spray. Tear gas. Stun grenades. Crowd control and intimidation tactics.

From federal law enforcement to local police, from border patrol to the intelligence agencies, the guiding doctrine is the same: treat Americans as suspects first, citizens second—if at all.

This is not the language of freedom. This is not even the language of law and order.

This is the language of force.

This is what happens when the rule of law gets replaced by the rules of force: war becomes the organizing principle of domestic governance, law becomes subordinate to command, and liberty is reclassified as a liability.

The war zone mentality—where citizens are treated like insurgents to be subdued—is a hallmark of authoritarian rule.

This transformation is not accidental—it’s strategic. The government now sees the public not as constituents to be served but as potential combatants to be surveilled, managed, and subdued. In this new paradigm, dissent is treated as insurrection, and constitutional rights are treated as threats to national security.

What we are witnessing today is also part of a broader setup: an excuse to use civil unrest as a pretext for militarized overreach.

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

We saw signs of this strategy in Charlottesville, Virginia, where police failed to de-escalate and at times exacerbated tensions during protests that should have remained peaceful. The resulting chaos gave authorities cover to crack down—not to protect the public, but to reframe protest as provocation and dissent as disorder.

Charlottesville was the trial run—California is the main event.

Then and now, the objective wasn’t to preserve peace and protect the public. It was to delegitimize dissent and cast protest as provocation.

Yet the right to criticize the government and speak out against government wrongdoing is the quintessential freedom.

The government has become increasingly intolerant of speech that challenges its power. While all kinds of labels are now applied to “unacceptable” speech, the message is clear: Americans have no right to express themselves if what they are saying is at odds with what the government determines to be acceptable.

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

Which brings us to this present moment: there’s a pattern emerging if you pay close enough attention.

Civil discontent leads to civil unrest, which leads to protests and counterprotests. Tensions rise, violence escalates, and federal armies move in. Meanwhile, despite the protests and the outrage, the government’s abuses continue unabated.

It’s all part of an elaborate setup by the architects of the Deep State. The government wants a reason to crack down and lock down and bring in its biggest guns.

They want us divided. They want us to turn on one another. They want us powerless in the face of their artillery and armed forces. They want us silent, servile and compliant.

They certainly do not want us to remember that we have rights, much less attempt to exercise those rights peaceably and lawfully.

This is how it begins.

We are moving fast down that slippery slope to an authoritarian society in which the only opinions, ideas and speech expressed are the ones permitted by the government and its corporate cohorts.

This unilateral power to muzzle free speech represents a far greater danger than any so-called right- or left-wing extremist might pose. The ramifications are so far-reaching as to render almost every American an extremist in word, deed, thought or by association.

Watch and see: we are all about to become enemies of the state.

Today, California is being staged as the test site for the coming crackdown.

The Trump administration provokes unrest through inhumane policies—in this case, mass ICE raids—then paints the resulting protests as violent threats to national security. The answer? Deploy the military.

It’s a cynical and calculated loop: create the crisis, then respond with force. This strategy transforms protest into pretext, dissent into justification for domination.

There are disturbing echoes of history in these tactics, and they come with grave legal implications. We have seen this before.

It has been 55 years since President Nixon deployed the National Guard to put down anti-war student protests, culminating in the Kent State massacre. During the civil rights era, peaceful demonstrators were met with dogs, firehoses, and police batons. In more recent memory, federal agents cracked down on Occupy Wall Street encampments and Black Lives Matter protests with militarized force.

All of it under the guise of order.

Trump’s tactics fall squarely in that lineage.

His use of the military against civilians violates the spirit—if not the letter—of the Posse Comitatus Act, which is meant to bar federal military involvement in domestic affairs. It also raises severe constitutional questions about the infringement of First Amendment rights to protest and Fourth Amendment protections against warrantless search and seizure.

Modern tools of repression compound the threat. AI-driven surveillance, predictive policing software, biometric databases, and fusion centers have made mass control seamless and silent. The state doesn’t just respond to dissent anymore; it predicts and preempts it.

While boots are on the ground in California, preparations are underway for a military spectacle in Washington, D.C.

At first glance, a military procession might seem like a patriotic display. But in this context, it is something far darker. Trump’s parade is not a celebration of service; it is a declaration of supremacy. It is not about honoring troops; it is about reminding the populace who holds the power and who wields the guns.

This is how authoritarian regimes govern—through spectacle. North Korea, Russia, and China use grandiose military pageants to project strength and silence dissent. Mussolini marched troops as theater in carefully staged public displays to bolster fascist control. Augusto Pinochet filled Chile’s streets with tanks to intimidate critics and consolidate power. All of it designed not to honor the nation—but to dominate it.

By sandwiching a military crackdown between a domestic troop deployment and a showy parade, Trump is sending a unified message: dissent is weakness. Obedience is strength. You are being watched.

This is not about immigration. It is not about security. It is not even about protest.

This is about power. Raw, unchecked, theatrical power. And whether we, the people, will accept a government that rules not by consent, but by coercion.

The Constitution was not written to accommodate authoritarian pageantry. It was written to restrain it. It was never meant to sanctify conquest as governance.

We are at a crossroads.

Governments derive their just powers from the consent of the governed. Strip away that consent, and all that remains is conquest—through force, spectacle, and fear.

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, if we allow the language of fear, the spectacle of dominance, and the machinery of militarized governance to become normalized, then we are no longer citizens of a republic—we are subjects of a police state.

The only question now is: will we rise up as citizens of a constitutional republic—or bow down as subjects of an authoritarian regime?

Source: https://tinyurl.com/y3vvk783

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@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.

Wrong Address, Wrong Target, Real Terror: U.S. Supreme Court Agrees to Hear FBI Raid Case

Posted: April 10, 2025 in Uncategorized
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WASHINGTON, DC — The U.S. Supreme Court has agreed to hear a case that could determine whether FBI agents can be held accountable for a botched SWAT raid that terrorized an innocent family in the middle of the night.

As detailed in Martin v. United States, a heavily armed FBI SWAT team mistakenly stormed a Georgia home—armed with rifles, clad in tactical gear, and deploying a flashbang grenade—causing the family inside, with a 7-year-old son, to fear they were being burglarized. In an amicus brief filed jointly with the National Police Accountability Project, The Rutherford Institute urged the Court to hold federal agents accountable under the Federal Tort Claims Act (FTCA) for recklessly invading the wrong residence, located a block away from the intended target: a suspected violent gang member. Fearing they were being burglarized, Ms. Martin tried to get to her 7-year-old son before officers forced one family member onto the bedroom floor at gunpoint, and then pointed a gun in Ms. Martin’s face.

“These SWAT raids have become a thinly veiled, court-sanctioned excuse to let heavily armed police crash through doors in the dead of night,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “Too often, they’re marked by incompetence, devastation, and death—leaving a trail of broken homes and broken lives, while law enforcement escapes accountability.”

As part of the FBI’s “Operation Red Tape” to address violent gang activity in Georgia, an FBI SWAT team was deployed to execute an arrest warrant at the home of a suspected gang member. Although the team leader had previously conducted a site survey and received a photograph, map, and directions to the correct location, he relied on his personal GPS during a pre-raid drive-by. That GPS led him instead to the home of Curtrina Martin, which looked similar to the target residence. Critically, he failed to verify the street number. During the predawn hours, the SWAT leader led a caravan of vehicles with FBI SWAT team agents and members of the Atlanta Police Department to Martin’s house, thinking it was the target house. SWAT team members surrounded the home, breached the front door, and deployed a flashbang. Fearing they were under attack, Martin tried to reach her 7-year-old son. Only after detaining the family did the agents realize they had the wrong man—he lacked the gang suspect’s identifying face and neck tattoos—and that the house number did not match their intended destination.

The family subsequently filed a lawsuit for negligence, infliction of emotional distress, trespass, false arrest and imprisonment, and assault and battery under the Federal Tort Claims Act, which allows plaintiffs to bring state-law torts against the United States. However, the Eleventh Circuit Court of Appeals dismissed the lawsuit, citing the FBI’s lack of any formal policy for verifying target locations during warrant executions. Although the Supreme Court previously refused to hear Jimerson v. Lewis, a similar case involving a local SWAT team raid on the wrong home, it has agreed to take up Martin, which involves federal agents and the scope of the Federal Tort Claims Act.

Eugene R. Fidell with the Yale Law School Supreme Court Clinic, along with Charles A. Rothfeld of Mayer Brown LLP and Paul W. Hughes of McDermott Will & Emery LLP, advanced the arguments in the Martin amicus brief.

The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

Source: https://tinyurl.com/yu9ff4st

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