Posts Tagged ‘police state’

“Monsters in movies are us, always us, one way or the other. They’re us with hats on. The zombies in George Romero’s movies are us. They’re hungry. Monsters are us, the dangerous parts of us. The part that wants to destroy. The part of us with the reptile brain. The part of us that’s vicious and cruel. We express these in our stories as the monsters out there. The zombies are back. They are hungry. And they are lurking around every corner.”—Filmmaker John Carpenter

RIP George Romero (1940-2017).

Romero—a filmmaker hailed as the architect of the zombie genre—is dead at the age of 77, but the zombified police state culture he railed against lives on.

Just take a look around you.

“We the people” have become the walking dead of the American police state.

We’re still plagued by the socio-political evils of cultural apathy, materialism, domestic militarism and racism that Romero depicted in his Night of the Living Dead trilogy.

Romero’s zombies have taken on a life of their own in pop culture, as well.

Indeed, you don’t have to look very far anymore to find them lurking around every corner: wreaking havoc in movie blockbusters, running for their lives in 5K charity races, and putting government agents through their paces in mock military drills arranged by the Dept. of Defense (DOD) and the Center for Disease Control (CDC).

In fact, the CDC put together a zombie apocalypse preparation kit “that details everything you would need to have on hand in the event the living dead showed up at your front door.”

Zombies also embody the government’s paranoia about the citizenry as potential threats that need to be monitored, tracked, surveilled, sequestered, deterred, vanquished and rendered impotent.

Case in point: in AMC’s hit television series The Walking Dead and the spinoff Fear the Walking Dead, it’s not just flesh-eating ghouls and cannibalistic humans that survivors have to worry about but the police state “tasked with protecting the vulnerable” that poses some of the gravest threats to the citizenry.

As David Sims writes for the Atlantic:

More than anything, Fear the Walking Dead is a drama about occupation, the breakdown of society, and the ease with which seemingly decent people can decide that might makes right. Like any dystopian fiction, it’s easy to dismiss as fantasy, but remove the zombies and Fear could be taking place in dozens of real-world locations… This is happening here … but it could happen anywhere.

Why the fascination with zombies?

Perhaps it’s because zombie fiction provides us with a way to “envision how we and our own would thrive if everything went to hell and we lost all our societal supports.” As Time magazine reporter James Poniewozik phrases it, the “apocalyptic drama lets us face the end of the world once a week and live.”

Writing for the New York Times, Terrence Rafferty notes:

In the case of zombie fiction, you have to wonder whether our 21st-century fascination with these hungry hordes has something to do with a general anxiety, particularly in the West, about the planet’s dwindling resources: a sense that there are too many people out there, with too many urgent needs, and that eventually these encroaching masses, dimly understood but somehow ominous in their collective appetites, will simply consume us. At this awful, pinched moment of history we look into the future and see a tsunami of want bearing down on us, darkening the sky. The zombie is clearly the right monster for this glum mood, but it’s a little disturbing to think that these nonhuman creatures, with their slack, gaping maws, might be serving as metaphors for actual people—undocumented immigrants, say, or the entire populations of developing nations—whose only offense, in most cases, is that their mouths and bellies demand to be filled.

In other words, zombies are the personification of our darkest fears.

Fear and paranoia have become hallmarks of the modern American experience, impacting how we as a nation view the world around us, how we as citizens view each other, and most of all how our government views us.

Fear makes people stupid.

Fear is the method most often used by politicians to increase the power of government. And, as most social commentators recognize, an atmosphere of fear permeates modern America: fear of terrorism, fear of the police, fear of our neighbors and so on.

The propaganda of fear has been used quite effectively by those who want to gain control, and it is working on the American populace.

Despite the fact that we are 17,600 times more likely to die from heart disease than from a terrorist attack; 11,000 times more likely to die from an airplane accident than from a terrorist plot involving an airplane; 1,048 times more likely to die from a car accident than a terrorist attack, and 8 times more likely to be killed by a police officer than by a terrorist, we have handed over control of our lives to government officials who treat us as a means to an end—the source of money and power.

We have allowed ourselves to become fearful, controlled, pacified zombies.

Most everyone keeps their heads down these days while staring zombie-like into an electronic screen, even when they’re crossing the street. Families sit in restaurants with their heads down, separated by their screen devices and unaware of what’s going on around them. Young people especially seem dominated by the devices they hold in their hands, oblivious to the fact that they can simply push a button, turn the thing off and walk away.

Indeed, there is no larger group activity than that connected with those who watch screens—that is, television, lap tops, personal computers, cell phones and so on. In fact, a Nielsen study reports that American screen viewing is at an all-time high. For example, the average American watches approximately 151 hours of television per month.

Psychologically, such screen consumption is similar to drug addiction. Research shows that regardless of the programming, viewers’ brain waves slow down, thus transforming them into a more passive, nonresistant state.

Historically, television has been used by those in authority to quiet discontent and pacify disruptive people. “Faced with severe overcrowding and limited budgets for rehabilitation and counseling, more and more prison officials are using TV to keep inmates quiet,” according to Newsweek.

Given that the majority of what Americans watch on television is provided through channels controlled by six mega corporations, what we watch is now controlled by a corporate elite and, if that elite needs to foster a particular viewpoint or pacify its viewers, it can do so on a large scale.

We are being controlled by forces beyond our control.

This is how the police state takes charge.

As the Atlantic notes, “The villains of [Fear the Walking Dead] aren’t the zombies, who rarely appear, but the U.S. military, who sweep into an L.A. suburb to quarantine the survivors. Zombies are, after all, a recognizable threat—but Fear plumbs drama and horror from the betrayal by institutions designed to keep people safe.”

What we are experiencing is a betrayal of the very core values—a love of freedom, an adherence to the rule of law, a spirit of democracy, a commitment to accountability and transparency, and a recognition that civilian rule must always trump military methods—that have guided this nation from its inception.

The challenge is not whether we can hold onto our freedoms in times of peace and prosperity, but whether we can do so when all hell breaks loose.

Fear the Walking Dead drives this point home by setting viewers down in the midst of societal unrest not unlike our own current events (“a bunch of weird incidents, police protests, riots, and … rapid social entropy”). Then, as Forbes reports, “the military showed up and we fast-forwarded into an ad hoc police state with no glimpse at what was happening in the world around our main cast of hapless survivors.”

Anyone who has been paying attention knows that it will not take much for the government—i.e., the military—to lock down the nation in the event of a national disaster.

The government is not out to keep us safe by monitoring our communications, tracking our movements, criminalizing our every action, treating us like suspects, and stripping us of our means of defense while equipping its own personnel with an amazing arsenal of weapons.

No, this is not security. It is an ambush. And it is being carried out in plain sight.

For example, for years now, the government has been carrying out military training drills with zombies as the enemy. In 2011, the DOD created a 31-page instruction manual for how to protect America from a terrorist attack carried out by zombie forces. In 2012, the CDC released a guide for surviving a zombie plague. That was followed by training drills for members of the military, police officers and first responders.

The zombie exercises appeared to be kitschy and fun—government agents running around trying to put down a zombie rebellion—but what if the zombies in the exercises are us, the citizenry, viewed by those in power as mindless, voracious, zombie hordes?

Consider this: the government started playing around with the idea of using zombies as stand-ins for enemy combatants in its training drills right around the time the Army War College issued its 2008 report, warning that an economic crisis in the U.S. could lead to massive civil unrest that would require the military to intervene and restore order.

That same year, it was revealed that the government had amassed more than 8 million names of Americans considered a threat to national security, to be used “by the military in the event of a national catastrophe, a suspension of the Constitution or the imposition of martial law.” The program’s name, Main Core, refers to the fact that it contains “copies of the ‘main core’ or essence of each item of intelligence information on Americans produced by the FBI and the other agencies of the U.S. intelligence community.”

Also in 2008, the Pentagon launched the Minerva Initiative, a $75 million military-driven research project focused on studying social behavior in order to determine how best to cope with mass civil disobedience or uprisings. The Minerva Initiative has funded projects such as “Who Does Not Become a Terrorist, and Why?” which “conflates peaceful activists with ‘supporters of political violence’ who are different from terrorists only in that they do not embark on ‘armed militancy’ themselves.”

In 2009, the Dept. of Homeland Security issued its reports on Rightwing and Leftwing Extremism, in which the terms “extremist” and “terrorist” were used interchangeably to describe citizens who were disgruntled or anti-government.

Meanwhile, a government campaign was underway to spy on Americans’ mail, email and cell phone communications. News reports indicate that the U.S. Postal Service has handled more than 150,000 requests by federal and state law enforcement agencies to monitor Americans’ mail, in addition to photographing every piece of mail sent through the postal system.

Fast forward a few years more and you have local police being transformed into extensions of the military, taught to view members of their community as suspects, trained to shoot first and ask questions later, and equipped with all of the technology and weaponry of a soldier on a battlefield.

In 2015, the Obama administration hired a domestic terrorism czar whose job is to focus on anti-government American “extremists” who have been designated a greater threat to America than ISIS or al Qaeda. As part of the government’s so-called war on right-wing extremism, the Obama administration agreed to partner with the United Nations to take part in its Strong Cities Network program, which is training local police agencies across America in how to identify, fight and prevent extremism.

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

Earlier this year, it was revealed that the Pentagon has been using a dystopian training video to prepare armed forces to solve future domestic political and social problems which they anticipate arising by 2030. It’s only five minutes long, but the military training video says a lot about the government’s mindset, the way its views the citizenry, and the so-called “problems” that the military must be prepared to address in the near future, which include criminal networks, illicit economies, decentralized syndicates of crime, substandard infrastructure, religious and ethnic tensions, impoverishment, economic inequality, protesters, slums, open landfills, over-burdened sewers, and a “growing mass of unemployed.”

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

Noticing a pattern yet?

“We the people” or, more appropriately, “we the zombies” are the enemy in the eyes of the government.

So when presented with the Defense Department’s battle plan for defeating an army of the walking dead, you might find yourself tempted to giggle over the fact that a taxpayer-funded government bureaucrat actually took the time to research and write about vegetarian zombies, evil magic zombies, chicken zombies, space zombies, bio-engineered weaponized zombies, radiation zombies, symbiant-induced zombies, and pathogenic zombies.

However, in an age of extreme government paranoia, this is no laughing matter.

The DOD’s strategy for dealing with a zombie uprising, outlined in “CONOP 8888,” is for all intents and purposes a training manual for the government in how to put down a citizen uprising or at least an uprising of individuals “infected” with dangerous ideas about freedom.

Rest assured that the tactics and difficulties outlined in the “fictional training scenario” are all too real, beginning with martial law.

So how does the military plan to put down a zombie (a.k.a. disgruntled citizen) uprising?

The strategy manual outlines five phases necessary for a counter-offensive: shape, deter, seize initiative, dominate, stabilize and restore civil authority. Here are a few details:

Phase 0 (Shape): Conduct general zombie awareness training. Monitor increased threats (i.e., surveillance). Carry out military drills. Synchronize contingency plans between federal and state agencies. Anticipate and prepare for a breakdown in law and order.

Phase 1 (Deter): Recognize that zombies cannot be deterred or reasoned with. Carry out training drills to discourage other countries from developing or deploying attack zombies and publicly reinforce the government’s ability to combat a zombie threat. Initiate intelligence sharing between federal and state agencies. Assist the Dept. of Homeland Security in identifying or discouraging immigrants from areas where zombie-related diseases originate.

Phase 2 (Seize initiative): Recall all military personal to their duty stations. Fortify all military outposts. Deploy air and ground forces for at least 35 days. Carry out confidence-building measures with nuclear-armed peers such as Russia and China to ensure they do not misinterpret the government’s zombie countermeasures as preparations for war. Establish quarantine zones. Distribute explosion-resistant protective equipment. Place the military on red alert. Begin limited scale military operations to combat zombie threats. Carry out combat operations against zombie populations within the United States that were “previously” U.S. citizens.

Phase 3 (Dominate): Lock down all military bases for 30 days. Shelter all essential government personnel for at least 40 days. Equip all government agents with military protective gear. Issue orders for military to kill all non-human life on sight. Initiate bomber and missile strikes against targeted sources of zombie infection, including the infrastructure. Burn all zombie corpses. Deploy military to lock down the beaches and waterways.

Phase 4 (Stabilize): Send out recon teams to check for remaining threats and survey the status of basic services (water, power, sewage infrastructure, air, and lines of communication). Execute a counter-zombie ISR plan to ID holdout pockets of zombie resistance. Use all military resources to target any remaining regions of zombie holdouts and influence. Continue all actions from the Dominate phase.

Phase 5 (Restore civil authority): Deploy military personnel to assist any surviving civil authorities in disaster zones. Reconstitute combat capabilities at various military bases. Prepare to redeploy military forces to attack surviving zombie holdouts. Restore basic services in disaster areas.

Notice the similarities?

Surveillance. Military drills. Awareness training. Militarized police forces. Martial law.

Mind you, the government is not being covert about any of this. It’s all out in the open.

If there is any lesson to be learned, it is simply this: as I point out in my book, Battlefield America: The War on the American People, whether the threat to national security comes in the form of actual terrorists, imaginary zombies or disgruntled American citizens infected with dangerous ideas about freedom, the government’s response to such threats remains the same: detect, deter and annihilate.

It’s time to wake up, America, before you end up with a bullet to the head (the only proven means of killing a zombie).

As television journalist Edward R. Murrow warned in a 1958 speech:

We are currently wealthy, fat, comfortable and complacent. We have currently a built-in allergy to unpleasant or disturbing information. Our mass media reflect this. But unless we get up off our fat surpluses and recognize that television in the main is being used to distract, delude, amuse, and insulate us, then television and those who finance it, those who look at it, and those who work at it, may see a totally different picture too late.

 

“It is often the case that police shootings, incidents where law enforcement officers pull the trigger on civilians, are left out of the conversation on gun violence. But a police officer shooting a civilian counts as gun violence. Every time an officer uses a gun against an innocent or an unarmed person contributes to the culture of gun violence in this country.”—Journalist Celisa Calacal

Legally owning a gun in America could get you killed by a government agent.

While it still technically remains legal to own a firearm in America, possessing one can now get you pulled over, searched, arrested, subjected to all manner of surveillance, treated as a suspect without ever having committed a crime, shot at and killed.

This same rule does not apply to government agents, however, who are armed to the hilt and rarely given more than a slap on the wrists for using their weapons to shoot and kill American citizens.

According to the Washington Post, “1 in 13 people killed by guns are killed by police.”

Just recently, for example, a Minnesota jury acquitted a police officer who shot and killed 32-year-old Philando Castile, a school cafeteria supervisor, during a routine traffic stop merely because Castile disclosed that he had a gun in his possession, for which he had a lawful conceal-and-carry permit. That’s all it took for police to shoot Castile four times as he was reaching for his license and registration. Castile’s girlfriend and her 4-year-old daughter witnessed the entire exchange.

Earlier this year, the U.S. Court of Appeals for the Eleventh Circuit ruled that Florida police will not be held accountable for banging on the wrong door at 1:30 am, failing to identify themselves as police, and then repeatedly shooting and killing the innocent homeowner who answered the door while holding a gun in self-defense. Although 26-year-old Andrew Scott had committed no crime and never fired a single bullet or lifted his firearm against police, he was gunned down by police who were investigating a speeding incident by engaging in a middle-of-the-night “knock and talk” in Scott’s apartment complex.

As attorney David French writes for the National Review, “Shooting an innocent man in his own home because he grabs a gun when an unidentified person pounds on his door or barges through it isn’t just an ‘unreasonable search or seizure.’ It’s a direct violation of his clearly established right to keep and bear arms.”

Continuing its own disturbing trend of siding with police in cases of excessive use of force, a unanimous United States Supreme Court recently acquitted police who recklessly fired 15 times into a backyard shack in which a homeless couple—Angel and Jennifer Mendez—was sheltering. Angel Mendez suffered numerous gunshot wounds, one of which required the amputation of his right leg below the knee, and his wife Jennifer was shot in the back. Incredibly, the Court ruled that the Los Angeles County police officers’ use of force against the homeless couple was justified as a defensive action, because Angel was allegedly seen holding a BB gun that he used for shooting rats.

In yet another case, a Texas homeowner was subjected to a no-knock, SWAT-team style forceful entry and raid based solely on the suspicion that there were legally-owned firearms in his household. Making matters worse, police panicked and opened fire through a solid wood door on the homeowner, who had already gone to bed.

In Maryland, a Florida man traveling through the state with his wife and kids was stopped by a police officer and interrogated about the whereabouts of his registered handgun. Despite the man’s insistence that the handgun had been left at home, the officer spent nearly two hours searching through the couple’s car, patting them down along with their children, and having them sit in the back of a patrol car. No weapon was found.

In Philadelphia, a 25-year-old man was confronted by police, verbally threatened and arrested for carrying a gun in public, which is legal within the city. When Mark Fiorino attempted to explain his rights under the law to police, police ordered him to get on his knees or else “I am gonna shoot ya.” Fiorino was later released without charges.

What these cases add up to is a new paradigm in which legally owning a gun turns you into a target for government sharp-shooters.

Ironically, while America continues to debate who or what is responsible for gun violence—the guns, the gun owners, or our violent culture—little has been said about the fact that the greatest perpetrator of violence in American society and around the world is the U.S. government.

Government violence is the missing link in the gun control debate.

Violence has become the government’s calling card, starting at the top and trickling down, from the more than 80,000 SWAT team raids carried out every year on unsuspecting Americans by heavily armed, black-garbed commandos and the increasingly rapid militarization of local police forces across the country to the drone killings used to target insurgents. The government even exports violence worldwide, with one of this country’s most profitable exports being weapons.

Thus, any serious discussion about minimizing the violence in our society needs to address the manner in which the government and its cohorts (the police, the various government agencies that are now armed to the hilt, the military, the defense contractors, etc.) use violence as a means to an end, whether domestically or in matters of foreign policy.

You want to reduce gun violence? Start with the government.

Except that the government has no intention of scaling back on its weapons. To the contrary, the government’s efforts to militarize and weaponize its own agencies and employees is reaching epic proportions, with federal agencies as varied as the Department of Homeland Security and the Social Security Administration placing orders for hundreds of millions of rounds of hollow point bullets.

Talk about a double standard.

The government’s arsenal of weapons makes the average American’s handgun look like a Tinker Toy.

Under the auspices of a military “recycling” program, which allows local police agencies to acquire military-grade weaponry and equipment, more than $4.2 billion worth of equipment has been transferred from the Defense Department to domestic police agencies since 1990. Included among these “gifts” are tank-like, 20-ton Mine Resistant Ambush Protected (MRAP) vehicles, tactical gear, and assault rifles.

Ironically, while gun critics continue to clamor for bans on military-style assault weapons, high-capacity magazines and armor-piercing bullets, expanded background checks, and tougher gun-trafficking laws, the U.S. military boasts all of these and more, including some weapons the rest of the world doesn’t have.

Included in the government’s arsenal are armed, surveillance Reaper drones capable of reading a license plate from over two miles away; an AA12 Atchisson Assault Shotgun that can shoot five 12-gauge shells per second and “can fire up to 9,000 rounds without being cleaned or jamming”; an ADAPTIV invisibility cloak that can make a tank disappear or seemingly reshape it to look like a car; a PHASR rifle capable of blinding and disorienting anyone caught in its sights; a Taser shockwave that can electrocute a crowd of people at the touch of a button; an XM2010 enhanced sniper rifle with built-in sound and flash suppressors that can hit a man-sized target nine out of ten times from over a third of a mile away; and an XM25 “Punisher” grenade launcher that can be programmed to accurately shoot grenades at a target up to 500 meters away.

In the hands of government agents, whether they are members of the military, law enforcement or some other government agency, these weapons have become accepted instruments of tyranny, routine parts of America’s day-to-day life, a byproduct of the rapid militarization of law enforcement over the past several decades.

This lopsided, top-heavy, authoritarian state of affairs is not the balance of power the founders intended for “we the people.”

The Second Amendment, in conjunction with the multitude of prohibitions on government overreach enshrined in the Bill of Rights, was supposed to serve as a clear shackle on the government’s powers. As 20th century libertarian Edmund A. Opitz observed in 1964, “No one can read our Constitution without concluding that the people who wrote it wanted their government severely limited; the words ‘no’ and ‘not’ employed in restraint of government power occur 24 times in the first seven articles of the Constitution and 22 more times in the Bill of Rights.”

To founders such as Thomas Jefferson, who viewed the government as a powerful entity that must be bound “down from mischief by the chains of the Constitution,” the right to bear arms was no different from any other right enshrined in the Constitution: it was intended to stand as a bulwark against a police state.

Without any one of those freedoms, we are that much more vulnerable to the vagaries of out-of-control policemen, benevolent dictators, genuflecting politicians, and overly ambitious bureaucrats.

Writing for Counterpunch, journalist Kevin Carson suggests that prohibiting Americans from owning weapons would be as dangerously ineffective as Prohibition and the War on the Drugs:

“[W]hat strict gun laws will do is take the level of police statism, lawlessness and general social pathology up a notch in the same way Prohibition and the Drug War have done. I’d expect a War on Guns to expand the volume of organized crime, and to empower criminal gangs fighting over control over the black market, in exactly the same way Prohibition did in the 1920s and strict drug laws have done since the 1980s. I’d expect it to lead to further erosion of Fourth Amendment protections against search and seizure, further militarization of local police via SWAT teams, and further expansion of the squalid empire of civil forfeiture, perjured jailhouse snitch testimony, entrapment, planted evidence, and plea deal blackmail.”

This is exactly what those who drafted the U.S. Constitution feared: that laws and law enforcers would be used as tools by a despotic government to wage war against the citizenry.

This phenomenon is what philosopher Abraham Kaplan referred to as the law of the instrument, which essentially says that to a hammer, everything looks like a nail. As I explain in my book Battlefield America: The War on the American People, we the citizenry have become the nails to be hammered by the government’s battalion of laws and law enforcers (its police officers, technicians, bureaucrats, spies, snitches, inspectors, accountants, etc.), and we’re supposed to take the beatings without complaint or reproach.

Now don’t get me wrong.

I do not sanction violence, nor do I believe that violence should ever be the answer to our problems. As John Lennon warned, “When it gets down to having to use violence, then you are playing the system’s game. The establishment will irritate you—pull your beard, flick your face—to make you fight. Because once they’ve got you violent, then they know how to handle you.”

Still there’s something to be said for George Orwell’s view that “that rifle hanging on the wall of the working-class flat or labourer’s cottage is the symbol of democracy. It is our job to see that it stays there.”

The Second Amendment serves as a check on the political power of the ruling authorities. It represents an implicit warning against governmental encroachments on one’s freedoms, the warning shot over the bow to discourage any unlawful violations of our persons or property.

Certainly, dictators in past regimes have understood this principle only too well.

As Adolf Hitler noted, “The most foolish mistake we could possibly make would be to allow the subject races to possess arms. History shows that all conquerors who have allowed their subject races to carry arms have prepared their own downfall by so doing.”

It should come as no surprise, then, that starting in December 1935, Jews in Germany were prevented from obtaining shooting licenses, because authorities believed that to allow them to do so would “endanger the German population.”

In late 1938, special orders were delivered barring Jews from owning firearms, with the punishment for arms possession being 20 years in a concentration camp.

The rest, as they say, is history. Yet it is a history that we should be wary of repeating.

WC:  2042

ABOUT JOHN W. WHITEHEAD

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

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

Daily, all across America, individuals who dare to resist—or even question—a police order are being subjected to all sorts of government-sanctioned abuse ranging from forced catheterization, forced blood draws, roadside strip searches and cavity searches, and other foul and debasing acts that degrade their bodily integrity and leave them bloodied and bruised.

Americans as young as 4 years old are being leg shackled, handcuffed, tasered and held at gun point for not being quiet, not being orderly and just being childlike—i.e., not being compliant enough.

Government social workers actually subjected a 3-year-old boy to a forced catheterization after he was unable to provide them with a urine sample on demand (the boy still wasn’t potty trained). The boy was held down, screaming in pain, while nurses forcibly inserted a tube into his penis to drain his bladder—all of this done because the boy’s mother’s boyfriend had failed a urine analysis for drugs.

Americans as old as 95 are being beaten, shot and killed for questioning an order, hesitating in the face of a directive, and mistaking a policeman crashing through their door for a criminal breaking into their home—i.e., not being submissive enough.

Consider what happened to David Dao, the United Airlines passenger who was accosted by three police, forcibly wrenched from his seat across the armrest, bloodying his face in the process, and dragged down the aisle by the arms merely for refusing to relinquish his paid seat after the airline chose him randomly to be bumped from the flight—after being checked in and allowed to board—so that airline workers could make a connecting flight.

Those with ADHD, autism, hearing impairments, dementia or some other disability that can hinder communication in the slightest way are in even greater danger of having their actions misconstrued by police. Police shot a 73-year-old-man with dementia seven times after he allegedly failed to respond to orders to stop approaching and remove his hands from his jacket. The man was unarmed and had been holding a crucifix.

Clearly, it no longer matters where you live.

Big city or small town: it’s the same scenario being played out over and over again in which government agents, hyped up on their own authority and the power of their uniform, ride roughshod over the citizenry who—in the eyes of the government—are viewed as having no rights.

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

Forced cavity searches, forced colonoscopies, forced blood draws, forced breath-alcohol tests, forced DNA extractions, forced eye scans, forced inclusion in biometric databases—these are just a few ways in which Americans continue to be reminded that we have no control over what happens to our bodies during an encounter with government officials.

For instance, during a “routine” traffic stop for allegedly “rolling” through a stop sign, Charnesia Corley was thrown to the ground, stripped of her clothes, and forced to spread her legs while Texas police officers subjected her to a roadside cavity probe, all because they claimed to have smelled marijuana in her car.

Angel Dobbs and her 24-year-old niece, Ashley, were pulled over by a Texas state trooper for allegedly flicking cigarette butts out of the car window. Insisting that he smelled marijuana, the trooper proceeded to interrogate them and search the car. Despite the fact that both women denied smoking or possessing any marijuana, the police officer then called in a female trooper, who carried out a roadside cavity search, sticking her fingers into the older woman’s anus and vagina, then performing the same procedure on the younger woman, wearing the same pair of gloves. No marijuana was found.

Leila Tarantino was subjected to two roadside strip searches in plain view of passing traffic during a routine traffic stop, while her two children—ages 1 and 4—waited inside her car. During the second strip search, presumably in an effort to ferret out drugs, a female officer “forcibly removed” a tampon from Tarantino. Nothing illegal was found.

David Eckert was forced to undergo an anal cavity search, three enemas, and a colonoscopy after allegedly failing to yield to a stop sign at a Wal-Mart parking lot. Cops justified the searches on the grounds that they suspected Eckert was carrying drugs because his “posture [was] erect” and “he kept his legs together.” No drugs were found.

Meanwhile, four Milwaukee police officers were charged with carrying out rectal searches of suspects on the street and in police district stations over the course of several years. One of the officers was accused of conducting searches of men’s anal and scrotal areas, often inserting his fingers into their rectums and leaving some of his victims with bleeding rectums.

Incidents like these—sanctioned by the courts and conveniently overlooked by the legislatures—teach Americans of every age and skin color the painful lesson that there are no limits to what the government can do in its so-called “pursuit” of law and order.

If this is a war, then “we the people” are the enemy.

As Radley Balko notes in The Washington Post, “When you’re at war, it’s important to dehumanize your enemy. And there’s nothing more dehumanizing than forcibly and painfully invading someone’s body — all the better if you can involve the sex organs.”

The message being beaten, shot, tasered, probed and slammed into our collective consciousness is simply this: it doesn’t matter if you’re in the right, it doesn’t matter if a cop is in the wrong, it doesn’t matter if you’re being treated with less than the respect you deserve or the law demands.

The only thing that matters to the American police state is that you comply, submit, respect authority and generally obey without question whatever a government official (anyone who wears a government uniform, be it a police officer, social worker, petty bureaucrat or zoning official) tells you to do.

This is what happens when you allow the government to call the shots: it becomes a bully.

As history shows, this recipe for disaster works every time: take police officers hyped up on their own authority and the power of the badge, throw in a few court rulings suggesting that security takes precedence over individual rights, set it against a backdrop of endless wars and militarized law enforcement, and then add to the mix a populace distracted by entertainment, out of touch with the workings of their government, and more inclined to let a few sorry souls suffer injustice than to challenge the status quo.

“It is not only under Nazi rule that police excesses are inimical to freedom,” warned former Supreme Court justice Felix Frankfurter in a 1946 ruling in Davis v. United States: “It is easy to make light of insistence on scrupulous regard for the safeguards of civil liberties when invoked on behalf of the unworthy. It is too easy. History bears testimony that by such disregard are the rights of liberty extinguished, heedlessly at first, then stealthily, and brazenly in the end.”

In other words, if it could happen in Nazi Germany, it can just as easily happen here.

It is happening here.

Unfortunately, we’ve been marching in lockstep with the police state for so long that we’ve forgotten how to march to the tune of our own revolutionary drummer. In fact, we’ve even forgotten the words to the tune.

We’ve learned the lessons of compliance too well.

For too long, “we the people” have allowed the government to ride roughshod over the Constitution, equating patriotism with blind obedience to the government’s dictates, no matter how unconstitutional or immoral those actions might be.

As historian Howard Zinn recognized:

Our problem is civil obedience. Our problem is the numbers of people all over the world who have obeyed the dictates of the leaders of their government and have gone to war, and millions have been killed because of this obedience… Our problem is that people are obedient all over the world, in the face of poverty and starvation and stupidity, and war and cruelty. Our problem is that people are obedient while the jails are full of petty thieves, and all the while the grand thieves are running the country. That’s our problem… people are obedient, all these herdlike people.

What can you do?

It’s simple but as I detail in my book Battlefield America: The War on the American People, the consequences may be deadly.

Stop being so obedient. Stop being so compliant and herdlike. Stop kowtowing to anyone and everyone in uniform. Stop perpetuating the false notion that those who work for the government—the president, Congress, the courts, the military, the police—are in any way superior to the rest of the citizenry. Stop playing politics with your principles. Stop making excuses for the government’s growing list of human rights abuses and crimes. Stop turning a blind eye to the government’s corruption and wrongdoing and theft and murder. Stop tolerating ineptitude and incompetence by government workers. Stop allowing the government to treat you like a second-class citizen. Stop censoring what you say and do for fear that you might be labeled an extremist or worse, unpatriotic. Stop sitting silently on the sidelines while the police state kills, plunders and maims your fellow citizens.

Stop being a slave.

As anti-war activist Rosa Luxemburg concluded, “Those who do not move, do not notice their chains.”

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

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

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

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

As Glenn Greenwald notes for the Guardian:

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

Get ready to stand your ground or run for your life, because the American police state is coming to get you.

WC: 1952

ABOUT JOHN W. WHITEHEAD

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

PUBLICATION GUIDELINES / REPRINT PERMISSION

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

 

 

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.… No nation could preserve its freedom in the midst of continual warfare. — James Madison

Waging endless wars abroad (in Iraq, Afghanistan, Pakistan and now Syria) isn’t making America—or the rest of the world—any safer, it’s certainly not making America great again, and it’s undeniably digging the U.S. deeper into debt.

In fact, it’s a wonder the economy hasn’t collapsed yet.

Indeed, even if we were to put an end to all of the government’s military meddling and bring all of the troops home today, it would take decades to pay down the price of these wars and get the government’s creditors off our backs. Even then, government spending would have to be slashed dramatically and taxes raised.

You do the math.

The government is $19 trillion in debt: War spending has ratcheted up the nation’s debt. The debt has now exceeded a staggering $19 trillion and is growing at an alarming rate of $35 million/hour and $2 billion every 24 hours.  Yet while defense contractors are getting richer than their wildest dreams, we’re in hock to foreign nations such as Japan and China (our two largest foreign holders at $1.13 trillion and $1.12 trillion respectively).

The Pentagon’s annual budget consumes almost 100% of individual income tax revenue. If there is any absolute maxim by which the federal government seems to operate, it is that the American taxpayer always gets ripped off, especially when it comes to paying the tab for America’s attempts to police the globe. Having been 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 $57 million per hour.

The government has spent $4.8 trillion on wars abroad since 9/11, with $7.9 trillion in interest: That’s a tax burden of more than $16,000 per American. Almost a quarter of that debt was incurred as a result of the wars in Iraq, Afghanistan and Pakistan and Syria. For the past 16 years, these wars have been paid for almost entirely by borrowing money from foreign nations and the U.S. Treasury. As the Atlantic points out, we’re fighting terrorism with a credit card. According to the Watson Institute for Public Affairs at Brown University, interest payments on what we’ve already borrowed for these failed wars could total over $7.9 trillion by 2053.

The government lost more than $160 billion to waste and fraud by the military and defense contractors: With paid contractors often outnumbering enlisted combat troops, the American war effort dubbed as the “coalition of the willing” has quickly evolved into the “coalition of the billing,” with American taxpayers forced to cough up billions of dollars for cash bribes, luxury bases, a highway to nowhere, faulty equipment, salaries for so-called “ghost soldiers,” and overpriced anything and everything associated with the war effort, including a $640 toilet seat and a $7600 coffee pot.

Taxpayers are being forced to pay $1.4 million per hour to provide U.S. weapons to countries that can’t afford them. As Mother Jones reports, the Pentagon’s Foreign Military Finance program “opens the way for the US government to pay for weapons for other countries—only to ‘promote world peace,’ of course—using your tax dollars, which are then recycled into the hands of military-industrial-complex corporations.”

The U.S. government spends more on wars (and military occupations) abroad every year than all 50 states combined spend on health, education, welfare, and safety. In fact, the U.S. spends more on its military than the eight highest-ranking nations with big defense budgets combined. The reach of America’s military empire includes close to 800 bases in as many as 160 countries, operated at a cost of more than $156 billion annually. As investigative journalist David 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.”

Now President Trump wants to increase military spending by $54 billion. Promising “an historic increase in defense spending to rebuild the depleted military of the United States,” Trump has made it clear where his priorities lie, and it’s not with the American taxpayer. As The Nation reports, “On a planet where Americans account for 4.34 percent of the population, US military spending accounts for 37 percent of the global total.”

Add in the cost of waging war in Syria (with or without congressional approval), and the burden on taxpayers soars to more than $11.5 million a day. Ironically, while presidential candidate Trump was vehemently opposed to the U.S. use of force in Syria, as well as harboring Syrian refugees within the U.S., he had no problem retaliating against Syrian President Bashar al-Assad on behalf of Syrian children killed in a chemical attack. The cost of launching a 59 Tomahawk missile-strike against Syria? It’s estimated that the missiles alone cost $60 million. Mind you, this is the same man, while campaigning for president, who warned that fighting Syria would signal the start of World War III against a united Syria, Russia and Iran. Already oil prices have started to climb as investors anticipate an extended conflict.

Clearly, 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.

Yet what most Americans—brainwashed into believing that patriotism means supporting the war machine—fail to recognize is that these ongoing wars have little to do with keeping the country safe and everything to do with enriching the military industrial complex at taxpayer expense.

The rationale may keep changing for why American military forces are in Afghanistan, Iraq, Pakistan and now Syria. However, the one that remains constant is that those who run the government—including the current president—are feeding the appetite of the military industrial complex and fattening the bank accounts of its investors.

Case in point: President Trump plans to “beef up” military spending while slashing funding for the environment, civil rights protections, the arts, minority-owned businesses, public broadcasting, Amtrak, rural airports and interstates.

In other words, in order to fund this burgeoning military empire that polices the globe, the U.S. government is prepared to 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.

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

As Los Angeles Times reporter Steve Lopez rightly asks:

Why throw money at defense when everything is falling down around us? Do we need to spend more money on our military (about $600 billion this year) than the next seven countries combined? Do we need 1.4 million active military personnel and 850,000 reserves when the enemy at the moment — ISIS — numbers in the low tens of thousands? If so, it seems there’s something radically wrong with our strategy. Should 55% of the federal government’s discretionary spending go to the military and only 3% to transportation when the toll in American lives is far greater from failing infrastructure than from terrorism? Does California need nearly as many active military bases (31, according to militarybases.com) as it has UC and state university campuses (33)? And does the state need more active duty military personnel (168,000, according to Governing magazine) than public elementary school teachers (139,000)?

Obviously, there are much better uses for your taxpayer funds than trillions of dollars being wasted on war. The following are just a few ways those hard-earned dollars could be used:

  • $120 billion a year to fix the nation’s crumbling infrastructure. With 32% of the nation’s major roadways in poor or mediocre condition, it’s estimated that improving the nation’s roads and bridges would require $120 billion a year through 2020, although it will take “many trillions … to fix the country’s web of roads, bridges, railways, subways and bus stations.”
  • $251 million for safety improvements and construction for Amtrak.
  • $690 million to care for America’s 70,000 aging veterans.
  • $11 billion per year to provide the world—including our own failing cities—with clean drinking water.

As long as “we the people” continue to allow the government to wage its costly, meaningless, endless wars abroad, the American homeland will continue to suffer: our roads will crumble, our bridges will fail, our schools will fall into disrepair, our drinking water will become undrinkable, our communities will destabilize, and crime will rise.

Here’s the kicker, though: if the American economy collapses—and with it the last vestiges of our constitutional republic—it will be the government and its trillion-dollar war budgets that are to blame.

Of course, the government has already anticipated this breakdown.

That’s why the government has transformed America into a war zone, turned the nation into a surveillance state, and labelled “we the people” as enemy combatants.

For years now, the government has worked with the military to prepare for widespread civil unrest brought about by “economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters.”

Having spent more than half a century exporting war to foreign lands, profiting from war, and creating a national economy seemingly dependent on the spoils of war, the war hawks long ago turned their profit-driven appetites on us, 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.

This is how the police state wins and “we the people” lose.

Eventually, however, as I make clear in my book Battlefield America: The War on the American People, all military empires fail.

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 more than 50 years ago 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.

Yet as Eisenhower recognized, the consequences of allowing the military-industrial complex to wage war, exhaust our resources and dictate our national priorities are beyond grave:

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. This world in arms is not spending money alone. It is spending the sweat of its laborers, the genius of its scientists, the hopes of its children. The cost of one modern heavy bomber is this: a modern brick school in more than 30 cities. It is two electric power plants, each serving a town of 60,000 population. It is two fine, fully equipped hospitals. It is some 50 miles of concrete highway. We pay for a single fighter with a half million bushels of wheat. We pay for a single destroyer with new homes that could have housed more than 8,000 people. This, I repeat, is the best way of life to be found on the road the world has been taking. This is not a way of life at all, in any true sense. Under the cloud of threatening war, it is humanity hanging from a cross of iron.

Wake up, America. There’s not much time left before we reach the zero hour.

WC: 2190

ABOUT JOHN W. WHITEHEAD

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

PUBLICATION GUIDELINES / REPRINT PERMISSION

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

 

“It’s 4 in the morning, there’s headlights that are shining into your house; there’s a number of different officers that are now on the premises; they’re wearing tactical gear; they have weapons; and they approach your front door. Do you think that the ordinary citizen in that situation feels that they have an obligation to comply?”— Michigan Supreme Court Justice Richard Bernstein

It’s 1:30 a.m., a time when most people are asleep.

Your neighborhood is in darkness, except for a few street lamps. Someone—he doesn’t identify himself and the voice isn’t familiar—is pounding on your front door, demanding that you open up. Your heart begins racing. Your stomach is tied in knots. The adrenaline is pumping through you. You fear that it’s an intruder or worse. You not only fear for your life, but the lives of your loved ones.

The aggressive pounding continues, becoming more jarring with every passing second. Desperate to protect yourself and your loved ones from whatever threat awaits on the other side of that door, you scramble to lay hold of something—anything—that you might use in self-defense. It might be a flashlight, a baseball bat, or that licensed and registered gun you thought you’d never need. You brace for the confrontation, a shaky grip on your weapon, and approach the door cautiously. The pounding continues.

You open the door to find a shadowy figure aiming a gun in your direction. Immediately, you back up and retreat further into your apartment. At the same time, the intruder opens fire, sending a hail of bullets in your direction. Three of the bullets make contact. You die without ever raising your weapon or firing your gun in self-defense. In your final moments, you get a good look at your assailant: it’s the police.

This is what passes for “knock-and-talk” policing in the American police state.

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

Whatever you call it, this aggressive, excessive police tactic has become a thinly veiled, warrantless exercise by which citizens are coerced and intimidated into “talking” with heavily armed police who “knock” on their doors in the middle of the night.

Poor Andrew Scott didn’t even get a chance to say no to such a heavy-handed request before he was gunned down by police.

It was late on a Saturday night—so late that it was technically Sunday morning—and 26-year-old Scott was at home with his girlfriend playing video games when police, in pursuit of a speeding motorcyclist, arrived at Scott’s apartment complex, because a motorcycle had been spotted at the complex and police believed it might belong to their suspect.

At 1:30 a.m., four sheriff’s deputies began knocking on doors close to where a motorcycle was parked. The deputies started their knock-and-talk with Apartment 114 because there was a light on inside. The occupants of the apartment were Andrew Scott and Amy Young, who were playing video games.

First, the police assumed tactical positions surrounding the door to Apartment 114, guns drawn and ready to shoot.

Then, without announcing that he was a police officer, deputy Richard Sylvester banged loudly and repeatedly on the door of Apartment 114. The racket caused a neighbor to open his door. When questioned by a deputy, the neighbor explained that the motorcycle’s owner did not live in Apartment 114.

This information was not relayed to the police officer stationed at the door.

Understandably alarmed by the aggressive pounding on his door at such a late hour, Andrew Scott retrieved his handgun before opening the door. Upon opening the door, Scott saw a shadowy figure holding a gun outside his door.

Still police failed to identify themselves.

Unnerved by the sight of the gunman, Scott retreated into his apartment only to have Sylvester immediately open fire. Sylvester fired six shots, three of which hit and killed Scott, who had no connection to the motorcycle or any illegal activity.

So who was at fault here?

Was it Andrew Scott, who was prepared to defend himself and his girlfriend against a possible late-night intruder?

Was it the police officers who banged on the wrong door in the middle of the night, failed to identify themselves, and then—without asking any questions or attempting to de-escalate the situation—shot and killed an innocent man?

Was it the courts, which not only ruled that the police had qualified immunity against being sued for Scott’s murder but also concluded that Andrew Scott provoked the confrontation by retrieving a lawfully-owned handgun before opening the door?

Or was it the whole crooked system that’s to blame? I’m referring to the courts that continue to march in lockstep with the police state, the police unions that continue to strong-arm politicians into letting the police agencies literally get away with murder, the legislators who care more about getting re-elected than about protecting the rights of the citizenry, the police who are being trained to view their fellow citizens as enemy combatants on a battlefield, and the citizenry who fail to be alarmed and outraged every time the police state shoots another hole in the Constitution.

What happened to Andrew Scott was not an isolated incident.

As Supreme Court nominee Neil Gorsuch recognized in a dissent in U.S. v. Carloss: “The ‘knock and talk’ has won a prominent place in today’s legal lexicon… published cases approving knock and talks have grown legion.”

In fact, the Michigan Supreme Court is currently reviewing a case in which seven armed police officers, dressed in tactical gear and with their police lights on, carried out a knock-and-talk search on four of their former colleagues’ homes early in the morning, while their families (including children) were asleep. The police insist that there’s nothing coercive about such a scenario.

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

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

The goal is intimidation and coercion.

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

We’ve already seen a dramatic rise in the number of home invasions by battle-ready SWAT teams and police who have been transformed into extensions of the military. Indeed, with every passing week, we hear more and more horror stories in which homeowners are injured or killed simply because they mistook a SWAT team raid by police for a home invasion by criminals.

Never mind that the unsuspecting homeowner, woken from sleep by the sounds of a violent entry, has no way of distinguishing between a home invasion by a criminal as opposed to a government agent.

Too often, the destruction of life and property wrought by the police is no less horrifying than that carried out by criminal invaders.

These incidents underscore a dangerous mindset in which citizens (often unarmed and defenseless) not only have less rights than militarized police, but also one in which the safety of citizens is treated as a lower priority than the safety of their police counterparts (who are armed to the hilt with an array of lethal and nonlethal weapons).

In fact, the privacy of citizens is negligible in the face of the government’s various missions, and the homes of citizens are no longer the refuge from government intrusion that they once were.

It wasn’t always this way, however.

There was a time in America when a person’s home was a sanctuary where he and his family could be safe and secure from the threat of invasion by government agents, who were held at bay by the dictates of the Fourth Amendment, which protects American citizens from unreasonable searches and seizures.

The Fourth Amendment, in turn, was added to the U.S. Constitution by colonists still smarting from the abuses they had been forced to endure while under British rule, among these home invasions by the military under the guise of writs of assistance. These writs were nothing less than open-ended royal documents which British soldiers used as a justification for barging into the homes of colonists and rifling through their belongings.

James Otis, a renowned colonial attorney, “condemned writs of assistance because they were perpetual, universal (addressed to every officer and subject in the realm), and allowed anyone to conduct a search in violation of the essential principle of English liberty that a peaceable man’s house is his castle.” As Otis noted:

Now, one of the most essential branches of English liberty is the freedom of one’s house. A man’s house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle. This writ, if it should be declared legal, would totally annihilate this privilege. Custom-house officers may enter our houses when they please; we are commanded to permit their entry. Their menial servants may enter, may break locks, bars, and everything in their way; and whether they break through malice or revenge, no man, no court can inquire. Bare suspicion without oath is sufficient.

To our detriment, we have now come full circle, returning to a time before the American Revolution when government agents—with the blessing of the courts—could force their way into a citizen’s home, with seemingly little concern for lives lost and property damaged in the process.

Actually, as I make clear in my book Battlefield America: The War on the American People, we may be worse off today than our colonial ancestors when one considers the extent to which courts have sanctioned the use of no-knock raids by police SWAT teams (occurring at a rate of 70,000 to 80,000 a year and growing); the arsenal of lethal weapons available to local police agencies; the ease with which courts now dispense search warrants based often on little more than a suspicion of wrongdoing; and the inability of police to distinguish between reasonable suspicion and the higher standard of probable cause, the latter of which is required by the Constitution before any government official can search an individual or his property.

Winston Churchill once declared that “democracy means that if the doorbell rings in the early hours, it is likely to be the milkman.”

Clearly, we don’t live in a democracy.

No, in the American police state, when you find yourself woken in the early hours by someone pounding on your door, smashing through your door, terrorizing your family, killing your pets, and shooting you if you dare to resist in any way, you don’t need to worry that it might be burglars out to rob and kill you: it’s just the police.

WC: 1845

ABOUT JOHN W. WHITEHEAD

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

PUBLICATION GUIDELINES / REPRINT PERMISSION

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

 

“The first and most important thing to understand about politics is this: forget Right, Left, Center, socialism, fascism, or democracy. Every government that exists — or ever existed, or ever will exist — is a kleptocracy, meaning ‘rule by thieves.’ Competing ideologies merely provide different excuses to separate the Productive Class from what they produce. If the taxpayer/voters won’t willingly fork over to end poverty, then maybe they’ll cough up to fight drugs or terrorism. Conflicting ideologies, as presently constituted, are nothing more than a cover for what’s really going on, like the colors of competing gangs.” — Author L. Neil Smith

The American kleptocracy (a government ruled by thieves) continues to suck the American people down a rabbit hole into a parallel universe in which the Constitution is meaningless, the government is all-powerful, and the citizenry is powerless to defend itself against government agents who steal, spy, lie, plunder, kill, abuse and generally inflict mayhem and sow madness on everyone and everything in their sphere.

Case in point: in the same week that Wikileaks dropped its bombshell about the CIA’s use of spy tools to subject law-abiding Americans to all manner of government surveillance and hacking—a revelation that caused barely a ripple of concern among the citizenry—the government quietly and with little fanfare continued to wage its devastating, stomach-churning, debilitating war on the American people.

Incredibly, hardly anyone noticed.

This begs the question: if the government is overstepping its authority, abusing its power, and disregarding the rule of law but no one seems to notice—and no one seems to care—does it matter if the government has become a tyrant?

Here’s my short answer: when government wrongdoing ceases to matter, America will have ceased to be.

Just consider the devastation wrought in one week in the life of our American kleptocracy:

On Monday, March 6, police were given the go-ahead to keep stealing from Americans who were innocent of any wrongdoing.

In refusing to hear a challenge to Texas’ asset forfeiture law, the U.S. Supreme Court allowed Texas police to keep $201,000 in ill-gotten cash primarily on the basis that the seized cash—the proceeds of a home sale—was being transported on a highway associated with illegal drug trade, despite any proof of illegal activity by the owner. Asset forfeiture laws, which have come under intense scrutiny and criticism in recent years, allow the police to seize property “suspected” of being connected to criminal activity without having to prove the owner of the property is guilty of a criminal offense.

On April 1, 2013, James Leonard was driving with a companion, Nicosa Kane, on U.S. Highway 59 in Texas when the vehicle was stopped by a state police officer for allegedly speeding and following another vehicle too closely. A subsequent search of the vehicle disclosed a safe in the trunk, which Leonard explained belonged to his mother, Lisa Leonard, and contained cash. When the police officer contacted Lisa Leonard, she confirmed that the safe’s contents belonged to her, that the contents constituted personal business, and that she would not consent to allowing the officer to open the safe. After police secured a search warrant, the safe was opened and found to contain $201,000 and a bill of sale for a home in Pennsylvania.

Neither the Leonards nor Kane were found to be in possession of illegal drugs. However, the state initiated civil forfeiture proceedings against the $201,100 on the ground that it was substantially connected to criminal activity because Highway 59 is reputed to be a drug corridor. At trial, Lisa Leonard testified that the money was being sent to Texas so that she could use it to purchase a home for her son and Kane. Both the trial and appeals courts affirmed the authority of state officials to seize and keep Leonard’s funds under the state’s asset forfeiture law, basing their ruling on wholly circumstantial evidence and the reputation of Highway 59. Leonard then asked the U.S. Supreme Court to compel Texas to return her money, given that she was innocent of any crime. In refusing to hear the case on a technicality, the Supreme Court turned its back on justice and allowed the practice of policing for profit to continue.

On Tuesday, March 7, hacked information about the surveillance state was met with a collective shrug by the public, a sign of how indifferent the citizenry has become to living in an electronic concentration camp.

Wikileaks confirmed what we’ve suspected all along: the government’s ability to spy on law-abiding Americans is far more invasive than what we’ve been told. According to the Wikileaks Vault 7 data dump, government agencies such as the CIA and the NSA have been spying on the citizenry through our smart TVs, listening in on our phone calls, hacking into our computerized devices (including our cars), and compromising our security systems through the use of Trojan horses, spyware and malware.

As this Wikileaks revelation confirms, we now have a fourth branch of government. This fourth branch came into being without any electoral mandate or constitutional referendum, and yet it possesses superpowers, above and beyond those of any other government agency save the military. It is all-knowing, all-seeing and all-powerful. It operates beyond the reach of the president, Congress and the courts, and it marches in lockstep with the corporate elite who really call the shots in Washington, DC.

You might know this branch of government as Surveillance, but I prefer “technotyranny,” a term coined by investigative journalist James Bamford to refer to an age of technological tyranny made possible by government secrets, government lies, government spies and their corporate ties. Beware of what you say, what you read, what you write, where you go, and with whom you communicate, because it will all be recorded, stored and used against you eventually, at a time and place of the government’s choosing.

Privacy, as we have known it, is dead.

On Wednesday, March 8, police were given further incentives to use the “fear for my life” rationale as an excuse for shooting unarmed individuals.

Upon arriving on the scene of a nighttime traffic accident, an Alabama police officer shot a driver exiting his car, mistakenly believing the wallet in his hand to be a gun. From the time the driver stumbled out of his car, waving his wallet in the air, to the time he was shot in the abdomen, only six seconds had elapsed. Although the Eleventh Circuit Court of Appeals concluded “that a reasonable officer in Hancock’s position would have feared for his life,” the video footage makes clear that the courts continue to march in lockstep with the police, because no reasonable person would shoot first and ask questions later.

A report by the Justice Department on police shootings in Philadelphia, which boasts the fourth largest police department in the country, found that half of the unarmed people shot by police over a seven-year span were “shot because the officer saw something (like a cellphone) or some action (like a person pulling at the waist of their pants) and misidentified it as a threat.”

What exactly are we teaching these young officers in the police academy when the slightest thing, whether it be a hand in a pocket, a man running towards them, a flashlight on a keychain, a wallet waved in a hand, or a dehumanizing stare can ignite a strong enough “fear for their safety” to justify doing whatever is deemed necessary to neutralize the threat, even if it means firing on an unarmed person?

On Thursday, March 9, police were given even more leeway in how much damage they can inflict on those they serve and the extent to which they can disregard the Constitution.  

The Fourth Circuit Court of Appeals ruled in favor of a police officer who allowed a police dog to maul a homeless man innocent of any wrongdoing. The case arose in 2010 after a police dog attacked a homeless man near an abandoned house where police were tracking a robbery suspect. The cop refused to call off the dog immediately, despite the man’s pleading and the fact that he did not match the description of the robbery suspect. The homeless man suffered deep bites on his hand, arm and thigh, that required a nearly 16-inch skin graft, as well as severe bleeding, bruising, swelling and an arterial blood clot. Incredibly, not only did the court declare that the police officer was protected by qualified immunity, which incentivizes government officials to violate constitutional rights without fear of repercussion, but it had the nerve to suggest that being mauled by a police dog is the equivalent of a lawful Terry stop in which police may stop and hold a person for questioning on the basis of “reasonable suspicion.”

Also on March 9, government officials assured the Michigan Supreme Court that there was nothing unlawful, unreasonable or threatening about the prospect of armed police dressed in SWAT gear knocking on doors at 4 a.m. and “asking” homeowners to engage in warrantless “knock-and-talk” sessions. Although government lawyers insist citizens can choose to say no to such heavy-handed requests by police to conduct unwarranted interrogations, if such coercive tactics are allowed, it would give SWAT teams further incentive to further terrorize anyone even remotely—or mistakenly—suspected of wrongdoing without fear of repercussion.

On Friday, March 10, the military industrial complex continued to wage war abroad, while government agencies, including members of the military, remained embroiled in controversies over sexual misconduct.

A day after military brass defended the U.S.-led raid in Yemen that killed 10 children and at least six women, Gen. Joseph Votel, the head of U.S. Central Command, informed members of Congress that even more U.S. troops were needed in Afghanistan to combat the Taliban. Some 8400 American troops have been stationed in Afghanistan since the U.S. invaded the country post 9/11. Approximately 400 more Marines are being sent to Syria to aid U.S. forces in their fight against ISIS.

That same day, news reports indicated that members of several branches of the U.S. military, including the Marines, have been using online bulletin boards to either share or solicit nude or explicit photos and videos of women in the military. One Facebook page for Marines, which has nearly 30,000 followers, contained graphic language about how the women photographed, some without their knowledge or consent, should be treated. As the Center for Investigative Reporting (CIR) revealed, “One member of the Facebook group suggested that the service member sneaking the photos should ‘take her out back and pound her out.’ Others suggested more than vaginal sex: ‘And butthole. And throat. And ears. Both of them. Video it though … for science.’” According to CIR, the photo sharing began less than a month after the first Marine infantry unit was assigned women.

The FBI has also been getting in on the photo-sharing gig, only its agents have been distributing child porn, allegedly in an effort to catch consumers of child porn. Curiously, the Department of Justice has opted to drop its case against a man accused of child pornography rather than be forced to disclose the FBI’s tactics for spying on suspected child porn consumers and entrapping them as part of its Operation Pacifier sting. What the case revealed was that for a little while, in its single-minded pursuit of lawbreakers, the FBI became a lawbreaker itself as the largest distributor of child pornography. All told, the FBI uploaded tens of thousands of images of child pornography to the “dark web.”

As reporter Bryan Clark points out:

At the intersection of technology and law, we’ve proven two things as the result of Operation Pacifier: 1. Government bodies have proven their willingness to circumvent — or even break — the law to capture suspected criminals it’s not even willing to prosecute. 2. We’re living in an age where — to agencies like the FBI — criminals and their victims are less important than the tools used to track them down. It’s hard to argue on the side of an alleged pedophile. But in this case, the FBI was the pedophile’s equal. It was the agency, you’ll recall, that disseminated these images to some 150,000 registered members… this means the FBI perpetrated the same heinous crime it attempted to charge others with, all while securing what could result in zero convictions.

Mind you, this was just one week of shootings, degradation, excessive force, abuse of power and complicity in the American police state. Magnify the impact of these events 52 times over, because they are taking place every week in this country, and you will find yourself weak at the knees.

Somewhere over the course of the past 240-plus years, democracy has given way to kleptocracy, and representative government has been rejected in favor of rule by career politicians, corporations and thieves—individuals and entities with little regard for the rights of American citizens.

This dissolution of that sacred covenant between the citizenry and the government—establishing “we the people” as the masters and the government as the servant—didn’t happen overnight. It didn’t happen because of one particular incident or one particular president. It is a process, one that began long ago and continues in the present day, aided and abetted by politicians who have mastered the polarizing art of how to “divide and conquer.”

Unfortunately, there is no magic spell to transport us back to a place and time where “we the people” weren’t merely fodder for a corporate gristmill, operated by government hired hands, whose priorities are money and power.

Our freedoms have become casualties in an all-out war on the American people.

As I make clear in my book Battlefield America: The War on the American People, this war is being fought on many fronts, with bullets and tasers, with surveillance cameras and license readers, with intimidation and propaganda, with court rulings and legislation, with the collusion of every bureaucrat on the government’s payroll, and most effectively of all, with the complicity of the American people, who continue to allow themselves to be easily manipulated by their politics, distracted by their pastimes, and acclimated to a world in which government corruption is the norm.

How do we stop the hemorrhaging?

Start by waking up. Pay attention to what’s going on around you. Most of all, think for yourself.

As H. L. Mencken observed:

The most dangerous man to any government is the man who is able to think things out for himself, without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane and intolerable, and so, if he is romantic, he tries to change it. And even if he is not romantic personally he is very apt to spread discontent among those who are.

WC: 2468

ABOUT JOHN W. WHITEHEAD

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

PUBLICATION GUIDELINES / REPRINT PERMISSION

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

 

 

“Civil forfeiture laws represent one of the most serious assaults on private property rights in the nation today. Under civil forfeiture, police and prosecutors can seize your car or other property, sell it and use the proceeds to fund agency budgets—all without so much as charging you with a crime. Unlike criminal forfeiture, where property is taken after its owner has been found guilty in a court of law, with civil forfeiture, owners need not be charged with or convicted of a crime to lose homes, cars, cash or other property. Americans are supposed to be innocent until proven guilty, but civil forfeiture turns that principle on its head.  With civil forfeiture, your property is guilty until you prove it innocent.”—“ Policing for Profit: The Abuse of Civil Asset Forfeiture,” Institute for Justice

In jolly old England, Robin Hood stole from the rich to give to the poor.

In modern-day America, greedy government goons steal from the innocent to give to the corrupt under court- and legislature-sanctioned schemes called civil asset forfeiture. In fact, according to The Washington Post, “law enforcement took more stuff from people than burglars did.”

This is how the American police state continues to get rich: by stealing from the citizenry.

Here’s how the whole ugly business works in a nutshell.

First, government agents (usually the police) use a broad array of tactics to profile, identify, target and arrange to encounter (in a traffic stop, on a train, in an airport, in public, or on private property) those  individuals who might be traveling with a significant amount of cash or possess property of value. Second, these government agents—empowered by the courts and the legislatures—seize private property (cash, jewelry, cars, homes and other valuables) they “suspect” may be connected to criminal activity.

Then—and here’s the kicker—whether or not any crime is actually proven to have taken place, without any charges being levied against the property owner, or any real due process afforded the unlucky victim, the property is forfeited to the government, which often divvies it up with the local police who helped with the initial seizure.

It’s a new, twisted form of guilt by association.

Only it’s not the citizenry being accused of wrongdoing, just their money.

What this adds up to is a paradigm in which Americans no longer have to be guilty to be stripped of their property, rights and liberties. All you have to be is in possession of something the government wants.

Motorists have been particularly vulnerable to this modern-day form of highway robbery.

For instance, police stole $201,000 in cash from Lisa Leonard because the money—which Leonard planned to use to buy a house for her son—was being transported on a public highway also used by drug traffickers. Despite the fact that Leonard was innocent of wrongdoing, the U.S. Supreme Court upheld the theft on a technicality.

Police stole $50,000 in cash from Amanee Busbee—which she planned to use to complete the purchase of a restaurant—and threatened to hand her child over to CPS if she resisted. She’s one of the few to win most of her money back in court.

Police stole $22,000 in cash from Jerome Chennault—which he planned to use as the down payment on a home—simply because a drug dog had alerted police to its presence in his car. After challenging the seizure in court, Chennault eventually succeeded in having most of his money returned, although the state refused to compensate him for his legal and travel expenses.

Police stole $8,500 in cash and jewelry from Roderick Daniels—which he planned to use to purchase a new car—and threatened him with jail and money-laundering charges if he didn’t sign a waiver forfeiting his property.

Police stole $6,000 in cash from Jennifer Boatright and Ron Henderson and threatened to turn their young children over to Child Protective Services if they resisted.

Tenaha, Texas, is a particular hotbed of highway forfeiture activity, so much so that police officers keep pre-signed, pre-notarized documents on hand so they can fill in what property they are seizing.

As the Huffington Post explains, these police forfeiture operations have become little more than criminal shakedowns:

Police in some jurisdictions have run forfeiture operations that would be difficult to distinguish from criminal shakedowns. Police can pull motorists over, find some amount of cash or other property of value, claim some vague connection to illegal drug activity and then present the motorists with a choice: If they hand over the property, they can be on their way. Otherwise, they face arrest, seizure of property, a drug charge, a probable night in jail, the hassle of multiple return trips to the state or city where they were pulled over, and the cost of hiring a lawyer to fight both the seizure and the criminal charge. It isn’t hard to see why even an innocent motorist would opt to simply hand over the cash and move on.

Unsurprisingly, these asset forfeiture scams have become so profitable for the government that they have expanded their reach beyond the nation’s highways.

According to USA Today, the U.S. Department of Justice received $2.01 billion in forfeited items in 2013, and since 2008 local and state law enforcement nationwide has raked in some $3 billion in forfeitures through the federal “equitable sharing” program.

So now it’s not just drivers who have to worry about getting the shakedown.

Any American unwise enough to travel with significant amounts of cash is fair game for the government pickpockets.

In fact, the Drug Enforcement Administration (DEA) has been colluding with the Transportation Security Administration (TSA) and local police departments to seize a small fortune in cash from American travelers using the very tools—scanners, spies and surveillance devices—they claimed were necessary to catch terrorists.

Mind you, TSA agents already have a reputation for stealing from travelers, but clearly the government is not concerned about protecting the citizenry from its own wolfish tendencies.

No, the government isn’t looking to catch criminals. It’s just out for your cold, hard cash.

As USA Today reports, although DEA agents have seized more than $203 million in cash in airports alone since 2006, they almost never make arrests or build criminal cases in connection to the seized cash.

For instance, DEA agents at the Cincinnati/Northern Kentucky International Airport stole $11,000 in cash from college student Charles Clarke—his entire life savings, in fact—simply because they claimed his checked suitcase smelled like marijuana. Apart from the sniff test, no drugs or evidence of criminal activity were found.

Christelle Tillerson was waiting to board a flight from Detroit to Chicago when DEA agents stole $25,000 in cash from her suitcase, money she planned to use to buy a truck. Tillerson was never arrested or charged

Joseph Rivers was traveling on an Amtrak train from Michigan to Los Angeles when police stole $16,000 in cash in a bank envelope—money the 22-year-old had saved up to produce a music when he arrived in Hollywood—based solely on their groundless suspicions that the money could have been associated with drugs.

How does the government know which travelers to target?

Through surveillance of Americans’ domestic travel records, by profiling train and airport passengers, and by relying on a “network of travel-industry informants that extends from ticket counters to back offices.” In one instance, the DEA actually promised to give a TSA security screener a reward for identifying luggage with large sums of cash: the more cash found, the bigger the reward.

Starting to notice a pattern?

First, the government claims it needs more powers and more weapons in order to fight crime and terrorism: the power to spy on Americans’ communications and travel; the ability to carry out virtual and actual strip searches of Americans’ luggage, persons and property; the authority to stop and interrogate travelers for any reason in the name of national security.

Then, when government agents have been given enough powers and weapons to transform them into mini-tyrants, they’re unleashed on an unsuspecting citizenry with few resources to be able to defend themselves or protect their property.

So much for those long-cherished ideals about the assumption of innocence and due process.

For example, the federal government attempted to confiscate Russell Caswell’s family-owned Tewksbury, Massachusetts, motel, insisting that because a small percentage of the motel’s guests had been arrested for drug crimes—15 out of 200,000 visitors in a 14-year span—the motel was a dangerous property. As Reason reports:

This cruel surprise was engineered by Vincent Kelley, a forfeiture specialist at the Drug Enforcement Administration who read about the Motel Caswell in a news report and found that the property, which the Caswells own free and clear, had an assessed value of $1.3 million. So Kelley approached the Tewksbury Police Department with an “equitable sharing” deal: The feds would seize the property and sell it, and the cops would get up to 80 percent of the proceeds.

Thankfully, with the help of a federal judge, Caswell managed to keep his motel out of the government’s clutches, but others are not so fortunate.

Gerald and Royetta Ostipow had their Michigan farm and property seized, including a classic muscle car, and then sold by the local sheriff’s office. As USA Today reports:

The Ostipows were required to provide a $150,000 cash bond before they could begin the legal proceedings to contest the forfeiture and get their property back. But they couldn’t afford to. An appeals court later overturned the Ostipow’s hefty bond requirement… But the ruling didn’t stop the nightmare for the couple who were never charged with a crime. They still had to win a court case seeking the return of hundreds of thousands of dollars’ worth of property taken from the Ostipow’s rural Michigan home, including a cherished classic car. Eventually, an appeals court found that the property was wrongly forfeited. But it was too later to recover the car. With the odometer mysteriously bearing an additional 56,000 miles, police had already sold the car and spent the proceeds.

Despite the fact that 80 percent of these asset forfeiture cases result in no charge against the property owner, challenging these “takings” in court can cost the owner more than the value of the confiscated property itself. As a result, most property owners either give up the fight or chalk the confiscation up to government corruption, leaving the police and other government officials to reap the benefits.

Under a federal equitable sharing program, police turn asset forfeiture cases over to federal agents who process seizures and then return 80% of the proceeds to the police. Michigan police actually get to keep up to 100% of forfeited property.

This is what has become known as “policing for profit.”

According to USA Today, “Anecdotal evidence suggests that allowing departments to keep forfeiture proceeds may tempt them to use the funds unwisely. For example, consider a 2015 scandal in Romulus, Michigan, where police officers used funds forfeited from illicit drug and prostitution stings to pay for …  illicit drugs and prostitutes.”

Police agencies have also used their ill-gotten gains “to buy guns, armored cars and electronic surveillance gear,” reportsThe Washington Post. “They have also spent money on luxury vehicles, travel and a clown named Sparkles.”

So what’s to be done?

As I make clear in my book Battlefield America: The War on the American People, we are now ruled by a government so consumed with squeezing every last penny out of the population as to be completely unconcerned if essential freedoms are trampled in the process.

Our freedoms aren’t just being trampled, however.

They’re being eviscerated.

At every turn, “we the people” are getting swindled, cheated, conned, robbed, raided, pickpocketed, mugged, deceived, defrauded, double-crossed and fleeced by governmental and corporate shareholders of the American police state out to make a profit at taxpayer expense.

President Trump has made it clear his loyalties lie with the police, Attorney General Jeff Sessions has previously declared his love for civil asset forfeiture, the Supreme Court keeps marching in lockstep with the police state, and the police unions don’t want their gravy train to go away, so there’s not much hope for federal reform anytime soon.

As always, change will have to begin locally and move upwards.

Some state legislatures (Florida, Michigan, Nebraska, New Mexico, and Ohio) are beginning to push back against these clearly unconstitutional asset forfeiture schemes. As the National Review reports, “New Mexico now requires a criminal conviction before law enforcement can seize property, while police in Florida must prove “beyond reasonable doubt” that property is linked to a crime before it’s seized.”

More than legislative change, however, what we need is a change of mindset on the part of the citizenry. We need to stop acting like victims and start acting like citizens with rights.

Remember, long before Americans charted their revolutionary course in pursuit of happiness, it was “life, liberty, and property” which constituted the golden triad of essential rights that the government was charged with respecting and protecting.

To the colonists, smarting from mistreatment at the hands of the British crown, protecting their property from governmental abuse was just as critical as preserving their lives and liberties. As the colonists understood, if the government can arbitrarily take away your property, you have no true rights: you’re nothing more than a serf or a slave.

The Fifth Amendment to the U.S. Constitution was born of this need to safeguard against any attempt by the government to unlawfully deprive a citizen of the right to life, liberty, or property, without due process of law.

Little could our ancestral forebears have imagined that it would take less than three centuries of so-called “independence” to once again render us brow-beaten subjects in bondage to an overlord bent on depriving us of our most inalienable and fundamental rights.

Yet if the government can arbitrarily freeze, seize or lay claim to your property (money, land or possessions) under government asset forfeiture schemes, you have no true rights.

Enough is enough.

WC: 2345

ABOUT JOHN W. WHITEHEAD

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

PUBLICATION GUIDELINES / REPRINT PERMISSION

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