Posts Tagged ‘police state’

Postcards from a Police State: 22 Years of Blowback from the USA Patriot Act

Posted: October 16, 2023 in Uncategorized
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“Voice or no voice, the people can always be brought to the bidding of the leaders. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in any country.”—Hermann Goering, German military commander and Hitler’s designated successor

For those who remember the days and months that followed 9/11, there is an unnerving feeling of déjà vu about the Hamas attacks on Israel.

The same shocking images of carnage and grief dominating the news. The same disbelief that anyone could be so hateful, so monstrous, so evil as to do this to another human being. The same outpourings of support and unity from around the world. The same shared fear that this could easily have happened to us or our loved ones.

Now once again the drums of war are sounding on the world stage, not that they ever really stopped. Israel is preparing to invade Gaza, the Palestinians are nearing a humanitarian crisis, and the rest of the world is bracing for whatever blowback comes next.

Here in the United States, as we approach the 22nd anniversary of the USA Patriot Act on October 26, we’re still grappling with the blowback that arises from allowing one’s freedoms to be eviscerated in exchange for the phantom promise of security.

Here are a few lessons that we never learned or learned too late.

Mammoth legislation that expands the government’s powers at the citizenry’s expense will not make anyone safer. Rushed through Congress a mere 45 days after the 9/11 attacks, the USA Patriot Act drove a stake through the heart of the Bill of Rights, undermined civil liberties, expanded the government’s powers and opened the door to far-reaching surveillance by the government on American citizens.

Pre-emptive strikes will only lead to further blowback. Not content to wage war against Afghanistan, which served as the base for Osama bin Laden, the U.S. embarked on a pre-emptive war against Iraq in order to “stop any adversary challenging America’s military superiority and adopt a strike-first policy against terrorist threats ‘before they’re fully formed.’” We are still suffering the consequences of this failed policy, which resulted in lives lost, taxpayer dollars wasted, the fomenting of hatred against the U.S. and the further radicalization of terrorist cells.

War is costly. There are many reasons to go to war, but those who have advocated that the U.S. remain at war, year after year, are the very entities that have profited most from these endless military occupations and exercises. Thus far, the U.S. taxpayer has been made to shell out more than $8 trillion to wage wars abroad, including the lifetime price of health care for disabled veterans and interest on the national debt. That also does not include the more than hundreds of thousands of civilians killed, or the millions displaced from their homes as a result of endless drone strikes and violence.

The tactics and weapons of war, once deployed abroad, will eventually be used against the citizenry at home. The horrors that took place at Abu Ghraib, the American-run prison in Iraq, involved “US military personnel humiliating, hurting and abusing Iraqi prisoners in a myriad of perverse ways. While American servicemen and women smiled and gave thumbs up, naked men were threatened by dogs, or were hooded, forced into sexual positions, placed standing with wires attached to their bodies, or left bleeding on prison floors.” Adding to the descent into moral depravity, the United States government legalized the use of torture, including waterboarding, in violation of international law and in the so-called pursuit of national security. The ramifications have been far-reaching, with domestic police mirroring a battlefield mindset in their encounters with American citizens, including the use of torture tactics at secret locations such as Homan Square in Chicago.

Allowing the government to spy on the citizenry will not reduce acts of terrorism, but it will result in a watched, submissive, surveillance society. Not only did the USA Patriot Act normalize the government’s mass surveillance powers, but it also dramatically expanded the government’s authority to spy on its own citizens without much of any oversight. Thus, a byproduct of this post 9/11-age in which we live, whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency is listening in and tracking your behavior. This doesn’t even begin to touch on the corporate trackers that monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere. We have all become data collected in government files. 

News cycle distractions are calibrated to ensure that you lose sight of what the government is doing. The average American has a hard time keeping up with and remembering all of the “events,” manufactured or otherwise, which occur like clockwork and keep us distracted, deluded, amused, and insulated from the reality of the American police state. Whether these events are critical or unimportant, when we’re being bombarded with wall-to-wall news coverage and news cycles that change every few days, it’s difficult to stay focused on one thing—namely, holding the government accountable to abiding by the rule of law—and the powers-that-be understand this. In this way, regularly scheduled trivia and/or distractions that keep the citizenry tuned into the various breaking news headlines and entertainment spectacles also keep them tuned out to the government’s steady encroachments on their freedoms.

If you stop holding the government accountable to the rule of law, the only laws it abides by will be the ones used to clamp down on the citizenry. Having failed to hold government officials accountable to abiding by the rule of law, the American people have found themselves saddled with a government that skirts, flouts and violates the Constitution with little consequence. Overcriminalization, asset forfeiture schemes, police brutality, profit-driven prisons, warrantless surveillance, SWAT team raids, indefinite detentions, covert agencies, and secret courts are just a few of the egregious practices carried out by a government that operates beyond the reach of the law.

Do not turn your country into a battlefield, your citizens into enemy combatants, and your law enforcement officers into extensions of the military. A standing army—something that propelled the early colonists into revolution—strips the citizenry of any vestige of freedom. How can there be any semblance of freedom when there are tanks in the streets, military encampments in cities, Blackhawk helicopters and armed drones patrolling overhead? It was for this reason that those who established America vested control of the military in a civilian government, with a civilian commander-in-chief. They did not want a military government, ruled by force. Rather, they opted for a republic bound by the rule of law: the U.S. Constitution. Unfortunately, we in America now find ourselves struggling to retain some semblance of freedom in the face of police and law enforcement agencies that look and act like the military and have just as little regard for the Fourth Amendment, laws such as the NDAA that allow the military to arrest and indefinitely detain American citizens, and military drills that acclimate the American people to the sight of armored tanks in the streets, military encampments in cities, and combat aircraft patrolling overhead.

As long as you remain fearful and distrustful of each other, you will be incapable of standing united against any threats posed by a power-hungry government. Early on, U.S. officials solved the problem of how to implement their authoritarian policies without incurring a citizen uprising: fear. The powers-that-be want us to feel threatened by forces beyond our control (terrorists, shooters, bombers). They want us afraid and dependent on the government and its militarized armies for our safety and well-being. Most of all, they want us distrustful of each other, divided by our prejudices, and at each other’s throats.

Once you trade your freedom for security, the terrorists win. We’ve walked a strange and harrowing road since September 11, 2001, littered with the debris of our once-vaunted liberties. We have gone from a nation that took great pride in being a model of a representative democracy to being a model of how to persuade a freedom-loving people to march in lockstep with a police state. And in so doing, we have proven Osama Bin Laden right. He warned that “freedom and human rights in America are doomed. The U.S. government will lead the American people in — and the West in general — into an unbearable hell and a choking life.”

It took a long time to clear away the rubble from the 9/11 attacks.

Yet as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, 22 years after the USA Patriot Act was unleashed on a vulnerable nation, we are still reeling from the destruction it has wrought on our freedoms.

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

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

Guns for Hire: America’s Crisis State Goes Global

Posted: October 11, 2023 in Uncategorized
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“Political parties exist to secure responsible government and to execute the will of the people. From these great staffs, both of the old parties have ganged aside. Instead of instruments to promote the general welfare they have become the tools of corrupt interests which use them in martialling [sic] to serve their selfish purposes. Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people.”—Theodore Roosevelt

From being a nation in a permanent state of emergency, America’s crisis state has gone global.

The military industrial complex, which has established itself as the “solution” to all of our worldly problems (at taxpayer expense, of course), has mired the nation in endless wars abroad waged by U.S. military servicepeople who have been reduced to little more than guns for hire.

Every successive president starting with Franklin D. Roosevelt has been bought—lock, stock and barrel—and made to dance to the tune of the police state, a.k.a. the Deep State, a.k.a. the military industrial complex, a.k.a. the surveillance state complex.

Even Dwight D. Eisenhower, the retired five-star Army general-turned-president who warned against the disastrous rise of misplaced power by the military industrial complex was complicit in contributing to the build-up of the military’s role in dictating national and international policy.

The Biden Administration’s response to the latest carnage in the ongoing Israel-Hamas war merely plays into the hands of a salivating military industrial complex for whom war is merely a means to a larger profit margin.

War has become a huge money-making venture, and America, with its vast military empire and its incestuous relationship with a host of international defense contractors, is one of its best buyers and sellers.

Under President Trump’s leadership, the U.S. military dropped a bomb every 12 minutes.

President Obama, the antiwar candidate and Nobel Peace Prize winner, waged war longer than any American president. His administration’s targeted-drone killings resulted in at least 1.3 million lives lost to the U.S.-led war on terror.

America has long had a penchant for endless wars that empty our national coffers while fattening those of the military industrial complex.

The United States has been at war for all but 15 years in its 247-year history.

Since 9/11, we’ve spent more than $8 trillion to wage wars abroad, including the lifetime price of health care for disabled veterans and interest on the national debt.

The average American pays over $2300 a year in taxes to support the military, half of which goes to military contractors.

Even with America’s military might spread thin, the war drums continue to sound as the Pentagon polices the rest of the world with counterterror activities in 85 countries.

The American Empire—with its endless wars waged by U.S. military servicepeople who have been reduced to little more than guns for hire: outsourced, stretched too thin, and deployed to far-flung places to police the globe—is approaching a breaking point.

Aided and abetted by the U.S government, the American military-industrial complex has erected an empire unsurpassed in history in its breadth and scope, one dedicated to conducting perpetual warfare throughout the earth.

Although the U.S. constitutes barely 5% of the world’s population, America boasts almost 40% of the world’s total military expenditure, spending more on the military than the next 10 biggest spending nations combined.

Unfortunately, this level of war-mongering doesn’t come cheap to the taxpayers who are forced to foot the bill.

Having been co-opted by greedy defense contractors, corrupt politicians and incompetent government officials, America’s expanding military empire is bleeding the country dry. In fact, the U.S. government is spending money it doesn’t have on a military empire it can’t afford.

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

War is not cheap, but it becomes outrageously costly when you factor in government incompetence, fraud, and greedy contractors.

For example, a leading accounting firm concluded that one of the Pentagon’s largest agencies “can’t account for hundreds of millions of dollars’ worth of spending.”

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

Consider that the government lost more than $160 billion to waste and fraud by 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.

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

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

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

It’s not just the American economy that is being gouged, unfortunately.

There’s a good reason why “bloated,” “corrupt” and “inefficient” are among the words most commonly applied to the government, especially the Department of Defense and its contractors.

Driven by a greedy defense sector, the American homeland has been transformed into a battlefield with militarized police and weapons better suited to a war zone. Biden, no different from his predecessors, has continued to expand America’s military empire abroad and domestically, calling on Congress to approve billions that pander to the powerful money interests (military, corporate and security) that run the Deep State and hold the government in its clutches.

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

Essentially, 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.

The illicit merger of the global armaments industry and the Pentagon that President Dwight D. Eisenhower warned us against more than 60 years ago has come to represent perhaps the greatest threat to the nation’s fragile infrastructure today.

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

This is exactly the scenario Eisenhower warned against when he cautioned the citizenry not to let the profit-driven war machine endanger our liberties or democratic processes:

“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 fifty miles of concrete pavement. We pay for a single fighter plane 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 is, I repeat, 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.”

We failed to heed Eisenhower’s warning.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the growth of and reliance on militarism as the solution for our problems both domestically and abroad bodes ill for the constitutional principles which form the basis of the American experiment in freedom.

As James Madison warned, “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.”

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.

Source: https://tinyurl.com/ybswztbb

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

This Is Not Freedom, America: The Profit Incentives Driving the American Police State

Posted: October 3, 2023 in Uncategorized
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“When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it.” ― Frédéric Bastiat, French economist

Pay no heed to the circus politics coming out of Washington DC. It’s just more of the same grandstanding by tone-deaf politicians oblivious to the plight of the citizenry.

Don’t allow yourselves to be distracted by the competing news headlines cataloging the antics of the ruling classes. While they are full of sound and fury, they are utterly lacking in substance.

Tune out the blaring noise of meaningless babble. It is intended to drown out the very real menace of a government which is consumed with squeezing every last penny out of the population.

Focus instead on the steady march of the police state at both the national, state and local levels, and the essential freedoms that are being trampled underfoot in its single-minded pursuit of power.

While the overt and costly signs of the despotism exercised by the increasingly authoritarian regime that passes itself off as the United States government are all around us—warrantless surveillance of Americans’ private phone and email conversations by the FBI, NSA, etc.; SWAT team raids of Americans’ homes; shootings of unarmed citizens by police; harsh punishments meted out to schoolchildren in the name of zero tolerance; drones taking to the skies domestically; endless wars; out-of-control spending; militarized police; roadside strip searches; privatized prisons with a profit incentive for jailing Americans; fusion centers that collect and disseminate data on Americans’ private transactions; and militarized agencies with stockpiles of ammunition, to name some of the most appalling—you rarely hear anything about them from the politicians, the corporations or the news media.

So what’s behind the blackout of real news?

Surely, if properly disclosed and consistently reported on, the sheer volume of the government’s activities, which undermine the Constitution and dance close to the edge of outright illegality, would give rise to a sea change in how business is conducted in our seats of power.

Yet when we’re being bombarded with wall-to-wall news coverage and news cycles that change every few days, it’s difficult to stay focused on one thing—namely, holding the government accountable to abiding by the rule of law—and the powers-that-be understand this.

As with most things, if you want to know the real motives behind any government program, follow the money trail.

When you dig down far enough, you quickly find that those who profit from Americans being surveilled, fined, scanned, searched, probed, tasered, arrested and imprisoned are none other than the police who arrest them, the courts which try them, the prisons which incarcerate them, and the corporations, which manufacture the weapons, equipment and prisons used by the American police state.

These injustices, petty tyrannies and overt acts of hostility are being carried out in the name of the national good—against the interests of individuals, society and ultimately our freedoms—by an elite class of government officials working in partnership with megacorporations that are largely insulated from the ill effects of their actions.

Everywhere you go, everything you do, and every which way you look, we’re 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.

Not only are Americans forced to spend more on taxes than the annual financial burdens of food, education and clothing combined, but we’re also being played as easy marks by hustlers bearing the imprimatur of the government.

Examples of this legalized, profits-over-people, government-sanctioned extortion abound.

On the roads: Not satisfied with merely padding their budgets by issuing speeding tickets, police departments have turned to asset forfeiture and speeding and red light camera schemes as a means of growing their profits. Despite revelations of corruption, collusion and fraud, these money-making scams have been being inflicted on unsuspecting drivers by revenue-hungry municipalities. Now legislators are hoping to get in on the profit sharing by imposing a vehicle miles-traveled tax, which would charge drivers for each mile behind the wheel.

In the prisons: States now have quotas to meet for how many Americans go to jail. Increasing numbers of states have contracted to keep their prisons at 90% to 100% capacity. This profit-driven form of mass punishment has, in turn, given rise to a $70 billion private prison industry that relies on the complicity of state governments to keep the money flowing and their privately run prisons full, “regardless of whether crime was rising or falling.” As Mother Jones reports, “private prison companies have supported and helped write … laws that drive up prison populations. Their livelihoods depend on towns, cities, and states sending more people to prison and keeping them there.” Private prisons are also doling out harsher punishments for infractions by inmates in order to keep them locked up longer in order to “boost profits” at taxpayer expense. All the while, prisoners are being forced to provide cheap labor for private corporations. No wonder the United States has one of the largest prison populations in the world.

In the schools: The public schools have become a microcosm of the total surveillance state which currently dominates America, adopting a host of surveillance technologies, including video cameras, finger and palm scanners, iris scanners, as well as RFID and GPS tracking devices, to keep constant watch over their student bodies. Likewise, the military industrial complex with its military weapons, metal detectors, and weapons of compliance such as tasers has succeeded in transforming the schools—at great taxpayer expense and personal profit—into quasi-prisons. Rounding things out are school truancy laws, which come disguised as well-meaning attempts to resolve attendance issues in the schools but in truth are nothing less than stealth maneuvers aimed at enriching school districts and court systems alike through excessive fines and jail sentences for “unauthorized” absences. Curiously, none of these efforts seem to have succeeded in making the schools any safer.

In the endless wars abroad: Fueled by the profit-driven military industrial complex, the government’s endless wars are wreaking havoc on our communities, our budget and our police forces. 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 $93 million per hour. Future wars and military exercises waged around the globe are expected to push the total bill upwards of $12 trillion by 2053.  Talk about fiscally irresponsible: the U.S. government is spending money it doesn’t have on a military empire it can’t afford. War spending is bankrupting America.

In the form of militarized police: The Department of Homeland Security routinely hands out six-figure grants to enable local municipalities to purchase military-style vehicles, as well as a veritable war chest of weaponry, ranging from tactical vests, bomb-disarming robots, assault weapons and combat uniforms. This rise in military equipment purchases funded by the DHS has, according to analysts Andrew Becker and G.W. Schulz, “paralleled an apparent increase in local SWAT teams.” The end result? An explosive growth in the use of SWAT teams for otherwise routine police matters, an increased tendency on the part of police to shoot first and ask questions later, and an overall mindset within police forces that they are at war—and the citizenry are the enemy combatants. Over 80,000 SWAT team raids are conducted on American homes and businesses each year. Moreover, government-funded military-style training drills continue to take place in cities across the country.

In profit-driven schemes such as asset forfeiture: Under the guise of fighting the war on drugs, government agents (usually the police) have been given broad leeway to seize billions of dollars’ worth of private property (money, cars, TVs, etc.) 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, the government keeps the citizen’s property, often divvying it up with the local police who did the initial seizure. The police have actually being trained in seminars on how to seize the “goodies” that are on police departments’ wish lists. According to the New York Times, seized monies have been used by police to “pay for sports tickets, office parties, a home security system and a $90,000 sports car.”

By the security industrial complex: We’re being spied on by a domestic army of government snitches, spies and techno-warriors. In the so-called name of “precrime,” this government of Peeping Toms is watching everything we do, reading everything we write, listening to everything we say, and monitoring everything we spend. Beware of what you say, what you read, what you write, where you go, and with whom you communicate, because it is all being recorded, stored, and catalogued, and will be used against you eventually, at a time and place of the government’s choosing. This far-reaching surveillance, carried out with the complicity of the Corporate State, has paved the way for an omnipresent, militarized fourth branch of government—the Surveillance State—that came into being without any electoral mandate or constitutional referendum. That doesn’t even touch on the government’s bold forays into biometric surveillance as a means of identifying and tracking the American people from birth to death.

By a government addicted to power: It’s a given that you can always count on the government to take advantage of a crisis, legitimate or manufactured. Emboldened by the citizenry’s inattention and willingness to tolerate its abuses, the government has weaponized one national crisis after another in order to expand its powers. The war on terror, the war on drugs, the war on illegal immigration, asset forfeiture schemes, road safety schemes, school safety schemes, eminent domain: all of these programs started out as legitimate responses to pressing concerns and have since become weapons of compliance and control in the police state’s hands. Now that the government has gotten a taste for flexing its police state powers by way of a bevy of COVID-19 lockdowns, mandates, restrictions, contact tracing programs, heightened surveillance, censorship, overcriminalization, etc., “we the people” may well find ourselves burdened with a Nanny State inclined to use its draconian pandemic powers to protect us from ourselves.

This perverse mixture of government authoritarianism and corporate profits has increased the reach of the state into our private lives while also adding a profit motive into the mix. And, as always, it’s we the people, we the taxpayers, we the gullible voters who keep getting taken for a ride by politicians eager to promise us the world on a plate.

This is a far cry from how a representative government is supposed to operate.

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

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

With every new tax, fine, fee and law adopted by our so-called representatives, the yoke around the neck of the average American seems to tighten just a little bit more.

All of those nefarious deeds by government officials that you hear about every day: those are your tax dollars at work.

It’s your money that allows for government agents to spy on your emails, your phone calls, your text messages, and your movements. It’s your money that allows out-of-control police officers to burst into innocent people’s homes, or probe and strip search motorists on the side of the road. And it’s your money that leads to Americans across the country being prosecuted for innocuous activities such as growing vegetable gardens in their front yards or daring to speak their truth to their elected officials.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, this is not freedom, America.

Source: https://tinyurl.com/jxh9zswn

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

The New Abnormal: Authoritarian Control Freaks Want to Micromanage Our Lives

Posted: September 26, 2023 in Commentary
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“Man is born free but everywhere is in chains.”—Jean-Jacques Rousseau

Authoritarian control freaks out to micromanage our lives have become the new normal or, to be more accurate, the new abnormal when it comes to how the government relates to the citizenry.

This overbearing despotism, which pre-dates the COVID-19 hysteria, is the very definition of a Nanny State, where government representatives (those elected and appointed to work for us) adopt the authoritarian notion that the government knows best and therefore must control, regulate and dictate almost everything about the citizenry’s public, private and professional lives.

Indeed, it’s a dangerous time for anyone who still clings to the idea that freedom means the right to think for yourself and act responsibly according to your best judgment.

This tug-of-war for control and sovereignty over our selves impacts almost every aspect of our lives, whether you’re talking about decisions relating to our health, our homes, how we raise our children, what we consume, what we drive, what we wear, how we spend our money, how we protect ourselves and our loved ones, and even who we associate with and what we think.

As Liz Wolfe writes for Reason, “Little things that make people’s lives better, tastier, and less tedious are being cracked down on by big government types in federal and state governments.”

You can’t even buy a stove, a dishwasher, a showerhead, a leaf blower, or a lightbulb anymore without running afoul of the Nanny State.

In this way, under the guise of pseudo-benevolence, the government has meted out this bureaucratic tyranny in such a way as to nullify the inalienable rights of the individual and limit our choices to those few that the government deems safe enough.

Yet limited choice is no choice at all. Likewise, regulated freedom is no freedom at all.

Indeed, as a study by the Cato Institute concludes, for the average American, freedom has declined generally over the past 20 years. As researchers William Ruger and Jason Sorens explain, “We ground our conception of freedom on an individual rights framework. In our view, individuals should be allowed to dispose of their lives, liberties, and property as they see fit, so long as they do not infringe on the rights of others.”

The overt signs of the despotism exercised by the increasingly authoritarian regime that passes itself off as the United States government (and its corporate partners in crime) are all around us: censorship, criminalizing, shadow banning and de-platforming of individuals who express ideas that are politically incorrect or unpopular; warrantless surveillance of Americans’ movements and communications; SWAT team raids of Americans’ homes; shootings of unarmed citizens by police; harsh punishments meted out to schoolchildren in the name of zero tolerance; community-wide lockdowns and health mandates that strip Americans of their freedom of movement and bodily integrity; armed drones taking to the skies domestically; endless wars; out-of-control spending; militarized police; roadside strip searches; privatized prisons with a profit incentive for jailing Americans; fusion centers that spy on, collect and disseminate data on Americans’ private transactions; and militarized agencies with stockpiles of ammunition, to name some of the most appalling.

Yet as egregious as these incursions on our rights may be, it’s the endless, petty tyrannies—the heavy-handed, punitive-laden dictates inflicted by a self-righteous, Big-Brother-Knows-Best bureaucracy on an overtaxed, overregulated, and underrepresented populace—that illustrate so clearly the degree to which “we the people” are viewed as incapable of common sense, moral judgment, fairness, and intelligence, not to mention lacking a basic understanding of how to stay alive, raise a family, or be part of a functioning community.

When the dictates of petty bureaucrats carry greater weight than the individual rights of the citizenry, we’re in trouble, folks.

Federal and state governments have used the law as a bludgeon to litigate, legislate and micromanage our lives through overregulation and overcriminalization.

This is what happens when bureaucrats run the show, and the rule of law becomes little more than a cattle prod for forcing the citizenry to march in lockstep with the government.

Overregulation is just the other side of the coin to overcriminalization, that phenomenon in which everything is rendered illegal, and everyone becomes a lawbreaker.

You don’t have to look far to find abundant examples of Nanny State laws that infantilize individuals and strip them of their ability to decide things for themselves. Back in 2012, then-New York Mayor Michael Bloomberg infamously proposed a ban on the sale of sodas and large sugary drinks in order to guard against obesity. Other localities enacted bans on texting while jaywalking, wearing saggy pants, having too much mud on your car, smoking outdoors, storing trash in your car, improperly sorting your trash, cursing within earshot of others, or screeching your tires.

Yet while there are endless ways for the Nanny State to micromanage our lives, things become truly ominous when the government adopts mechanisms enabling it to monitor us for violations in order to enforce its many laws.

Nanny State, meet the all-seeing, all-knowing Surveillance State and its sidekick, the muscle-flexing Police State.

You see, in an age of overcriminalization—when the law is wielded like a hammer to force compliance to the government’s dictates whatever they might be—you don’t have to do anything “wrong” to be fined, arrested or subjected to raids and seizures and surveillance.

You just have to refuse to march in lockstep with the government.

As policy analyst Michael Van Beek warns, the problem with overcriminalization is that there are so many laws at the federal, state and local levels—that we can’t possibly know them all.

“It’s also impossible to enforce all these laws. Instead, law enforcement officials must choose which ones are important and which are not. The result is that they pick the laws Americans really must follow, because they’re the ones deciding which laws really matter,” concludes Van Beek. “Federal, state and local regulations — rules created by unelected government bureaucrats — carry the same force of law and can turn you into a criminal if you violate any one of them… if we violate these rules, we could be prosecuted as criminals. No matter how antiquated or ridiculous, they still carry the full force of the law. By letting so many of these sit around, just waiting to be used against us, we increase the power of law enforcement, which has lots of options to charge people with legal and regulatory violations.”

This is the police state’s superpower: empowered by the Nanny State, it has been vested with the authority to make our lives a bureaucratic hell.

Indeed, if you were unnerved by the rapid deterioration of privacy under the Surveillance State, prepare to be terrified by the surveillance matrix that will be ushered in by the Nanny State working in tandem with the Police State.

The government’s response to COVID-19 saddled us with a Nanny State inclined to use its draconian pandemic powers to protect us from ourselves.

The groundwork laid with COVID-19 is a prologue to what will become the police state’s conquest of a new, relatively uncharted, frontier: inner space, specifically, the inner workings (genetic, biological, biometric, mental, emotional) of the human race.

Consider how many more ways the government could “protect us” from ourselves under the guise of public health and safety.

For instance, under the guise of public health and safety, the government could use mental health care as a pretext for targeting and locking up dissidents, activists and anyone unfortunate enough to be placed on a government watch list.

When combined with advances in mass surveillance technologies, artificial intelligence-powered programs that can track people by their biometrics and behavior, mental health sensor data (tracked by wearable data and monitored by government agencies such as HARPA), threat assessments, behavioral sensing warnings, precrime initiatives, red flag gun laws, and mental health first-aid programs aimed at training gatekeepers to identify who might pose a threat to public safety, these preemptive mental health programs could well signal a tipping point in the government’s efforts to penalize those engaging in so-called “thought crimes.”

This is how it begins.

On a daily basis, Americans are already relinquishing (in many cases, voluntarily) the most intimate details of who we are—their biological makeup, our genetic blueprints, and our biometrics (facial characteristics and structure, fingerprints, iris scans, etc.)—in order to navigate an increasingly technologically-enabled world.

Having conditioned the population to the idea that being part of society is a privilege and not a right, such access could easily be predicated on social credit scores, the worthiness of one’s political views, or the extent to which one is willing to comply with the government’s dictates, no matter what they might be.

COVID-19 with its talk of mass testing, screening checkpoints, contact tracing, immunity passports, and snitch tip lines for reporting “rule breakers” to the authorities was a preview of what’s to come.

We should all be leery and afraid.

At a time when the government has a growing list—shared with fusion centers and law enforcement agencies—of ideologies, behaviors, affiliations and other characteristics that could flag someone as suspicious and result in their being labeled potential enemies of the state, it won’t take much for any of us to be considered outlaws or terrorists.

After all, the government likes to use the words “anti-government,” “extremist” and “terrorist” interchangeably. The Department of Homeland Security broadly defines extremists as individuals “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely.”

At some point, being an individualist will be considered as dangerous as being a terrorist.

When anything goes when it’s done in the name of national security, crime fighting and terrorism, “we the people” have little to no protection against SWAT team raids, domestic surveillance, police shootings of unarmed citizens, indefinite detentions, and the like, whether or  not you’ve done anything wrong.

In an age of overcriminalization, you’re already a criminal.

All the government needs is proof of your law-breaking. They’ll get it, too.

Whether it’s through the use of surveillance software such as ShadowDragon that allows police to watch people’s social media activity, or technology that uses a home’s WiFi router and smart appliances to allow those on the outside to “see” throughout your home, it’s just a matter of time.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, it’s no longer a question of whether the government will lock up Americans for defying one of its numerous mandates but when.

Source: https://tinyurl.com/2jcu7y7v

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other

Posted: September 19, 2023 in Uncategorized
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“There were relatively few secret police, and most were just processing the information coming in. I had found a shocking fact. It wasn’t the secret police who were doing this wide-scale surveillance and hiding on every street corner. It was the ordinary German people who were informing on their neighbors.”—Professor Robert Gellately, author of Backing Hitler

Are you among the 41% of Americans who regularly attend church or some other religious service?

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

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

Are you among the 44% of Americans who live in a household with a gun? If so, are you concerned that the government may be plotting to confiscate your firearms?

If you answered yes to any of the above questions, you may be an anti-government extremist (a.k.a. domestic terrorist) in the eyes of the government and flagged for heightened surveillance and preemptive intervention.

Let that sink in a moment.

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

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

So what is the government doing about these so-called American “extremists”?

The government is grooming the American people to spy on each other as part of its Center for Prevention Programs and Partnerships, or CP3 program.

According to journalist Leo Hohmann, the government is handing out $20 million in grants to police, mental health networks, universities, churches and school districts to enlist their help in identifying Americans who might be political dissidents or potential “extremists.”

As Hohmann explains, “Whether it’s COVID and vaccines, the war in Ukraine, immigration, the Second Amendment, LGBTQ ideology and child-gender confusion, the integrity of our elections, or the issue of protecting life in the womb, you are no longer allowed to hold dissenting opinions and voice them publicly in America. If you do, your own government will take note and consider you a potential ‘violent extremist’ and terrorist.”

Cue the dawning of the Snitch State.

This new era of snitch surveillance is the lovechild of the government’s post-9/11 “See Something, Say Something” programs combined with the self-righteousness of a politically correct, hyper-vigilant, technologically-wired age.

For more than two decades, the Department of Homeland Security has plastered its “See Something, Say Something” campaign on the walls of metro stations, on billboards, on coffee cup sleeves, at the Super Bowl, even on television monitors in the Statue of Liberty. Colleges, universities and even football teams and sporting arenas have lined up for grants to participate in the program.

The government has even designated September 25 as National “If You See Something, Say Something” Awareness Day.

If you see something suspicious, says the DHS, say something about it to the police, call it in to a government hotline, or report it using a convenient app on your smart phone.

This DHS slogan is nothing more than the government’s way of indoctrinating “we the people” into the mindset that we’re an extension of the government and, as such, have a patriotic duty to be suspicious of, spy on, and turn in our fellow citizens.

This is what is commonly referred to as community policing.

Yet while community policing and federal programs such as “See Something, Say Something” are sold to the public as patriotic attempts to be on guard against those who would harm us, they are little more than totalitarian tactics dressed up and repackaged for a more modern audience as well-intentioned appeals to law and order and security.

The police state could not ask for a better citizenry than one that carries out its own policing.

After all, the police can’t be everywhere. So how do you police a nation when your population outnumbers your army of soldiers? How do you carry out surveillance on a nation when there aren’t enough cameras, let alone viewers, to monitor every square inch of the country 24/7? How do you not only track but analyze the transactions, interactions and movements of every person within the United States?

The answer is simpler than it seems: You persuade the citizenry to be your eyes and ears. You hype them up on color-coded “Terror alerts,” keep them in the dark about the distinctions between actual threats and staged “training” drills so that all crises seem real, desensitize them to the sight of militarized police walking their streets, acclimatize them to being surveilled “for their own good,” and then indoctrinate them into thinking that they are the only ones who can save the nation from another 9/11.

Consequently, we now live in a society in which a person can be accused of any number of crimes without knowing what exactly he has done. He might be apprehended in the middle of the night by a roving band of SWAT police. He might find himself on a no-fly list, unable to travel for reasons undisclosed. He might have his phones or internet tapped based upon a secret order handed down by a secret court, with no recourse to discover why he was targeted.

This Kafkaesque nightmare has become America’s reality.

This is how you turn a people into extensions of the omniscient, omnipotent, omnipresent police state, and in the process turn a citizenry against each other.

It’s a brilliant ploy, with the added bonus that while the citizenry remains focused on and distrustful of each other and shadowy forces from outside the country, they’re incapable of focusing on more definable threats that fall closer to home—namely, the government and its cabal of Constitution-destroying agencies and corporate partners.

Community policing did not come about as a feel-good, empowering response to individuals trying to “take back” their communities from crime syndicates and drug lords.

Rather, “Community-Oriented Policing” or COPS (short for Community Partnerships, Organizational Transformation, and Problem Solving) is a Department of Justice program designed to foster partnerships between police agencies and members of the community.

To this end, the Justice Department identifies five distinct “partners” in the community policing scheme: law enforcement and other government agencies, community members and groups, nonprofits, churches and service providers, private businesses and the media.

Together, these groups are supposed to “identify” community concerns, “engage” the community in achieving specific goals, serve as “powerful” partners with the government, and add their “considerable resources” to the government’s already massive arsenal of technology and intelligence. The mainstream media’s role, long recognized as being a mouthpiece for the government, is formally recognized as “publicizing” services from government or community agencies or new laws or codes that will be enforced, as well as shaping public perceptions of the police, crime problems, and fear of crime.

Inevitably, this begs the question: if there’s nothing wrong with community engagement, if the police can’t be everywhere at once, if surveillance cameras do little to actually prevent crime, and if we need to “take back our communities” from the crime syndicates and drug lords, then what’s wrong with community policing and “See Something, Say Something”?

What’s wrong is that these programs are not, in fact, making America any safer while turning us into a legalistic, intolerant, squealing, bystander nation.

We are now the unwitting victims of an interconnected, tightly woven, technologically evolving web of real-time, warrantless, wall-to-wall, widening mass surveillance dragnet comprised of fusion centers, red flag laws, behavioral threat assessments, terror watch lists, facial recognition, snitch tip lines, biometric scanners, pre-crime programs, DNA databases, data mining, precognitive technology and contact tracing apps, to name just a few.

This is how the government keeps us under control and in its crosshairs.

By the time you combine the DHS’ “See Something, Say Something” with CP3 and community policing, which has gone global in the guise of the Strong Cities Network program, you’ve got a formula for enabling the government to not only flag distinct “anti-government” segments of the population but locking down the entire nation.

Under the guise of fighting violent extremism “in all of its forms and manifestations” in cities and communities across the world, the Strong Cities Network program works with the UN and the federal government to train local police agencies across America in how to identify, fight and prevent extremism, as well as address intolerance within their communities, using all of the resources at their disposal.

What this program is really all about, however, is community policing on a global scale with the objective being to prevent violent extremism by targeting its source: racism, bigotry, hatred, intolerance, etc. In other words, police will identify, monitor and deter individuals who could be construed as potential extremist “threats,” violent or otherwise, before they can become actual threats.

The government’s war on extremists has been sold to Americans in much the same way that the USA Patriot Act was sold to Americans: as a means of combatting terrorists who seek to destroy America.

However, as we now know, the USA Patriot Act was used as a front to advance the surveillance state, allowing the government to establish a far-reaching domestic spying program that has turned every American citizen into a criminal suspect.

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

Keep in mind that the government agencies involved in ferreting out American “extremists” will carry out their objectives—to identify and deter potential extremists—in concert with fusion centers, data collection agencies, behavioral scientists, corporations, social media, and community organizers and by relying on cutting-edge technology for surveillance, facial recognition, predictive policing, biometrics, and behavioral epigenetics (in which life experiences alter one’s genetic makeup).

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

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

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

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

Now connect the dots, from the 2009 Extremism reports to the NDAA and the far-reaching data crime fusion centers that collect and share surveillance data between local, state and federal police agencies.

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

If you can’t read the writing on the wall, you need to pay better attention.

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, unless we can put the brakes on this dramatic expansion and globalization of the government’s powers, we’re not going to recognize this country five, ten—even twenty—years from now.

As long as “we the people” continue to allow the government to trample our rights in the so-called name of national security, things will get worse, not better.

It’s already worse.

Source: https://tinyurl.com/4af3m2tt

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

No, the Government Should Not Be Allowed to Use Warrantless Drone Surveillance to Snoop on Citizens at Home or Spy on Private Property

Posted: September 13, 2023 in Uncategorized
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LANSING, Mich. — The Rutherford Institute is pushing back against efforts by government officials to use warrantless aerial drone surveillance to snoop on citizens at home and spy on their private property.

In filing a joint amicus brief with Cato Institute in Long Lake Township v. Maxon, Institute attorneys are calling on the Michigan Supreme Court to hold government officials accountable for violating the Fourth Amendment by not obtaining a search warrant before using a drone to take aerial photographs of private property, which was not observable from the ground, in order to gather evidence of a civil zoning violation.

“Americans are being swept up into a massive digital data dragnet that does not distinguish between those who are innocent of wrongdoing, suspects, or criminals. Aerial drone surveillance has become a de facto snitch for the police state,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “By subjecting Americans to surveillance without their knowledge or compliance, the government has erected the ultimate suspect society. In such an environment, there is no such thing as ‘innocent until proven guilty.’”

In 2008, Long Lake Township brought a zoning action against Todd Maxon, alleging that he was using his five-acre property where he lives as an illegal salvage or junkyard due to having automobiles which he worked on fixing up as a hobby. The case settled that year in Maxon’s favor with a dismissal and the Township agreeing to reimburse a portion of his attorneys’ fees. However, the government did not stop in its pursuit to penalize Maxon and his wife. In 2010, 2016, 2017, and 2018—without obtaining any search warrant—Township officials used a drone to take aerial photographs of the Maxons’ property, which was not visible from the ground because it is blocked by buildings and trees. The Township then filed another zoning action in 2018, alleging that the Maxons had increased the scope of the junk cars and material on their property. The Maxons argued that the aerial surveillance and photographs by the drones of their property was an unlawful search in violation of the Fourth Amendment and should therefore be excluded from evidence because people do not reasonably expect drones with high powered cameras to surveil their private property at relatively low altitudes. The trial court denied the Maxons’ motion to suppress the images.

Noting the maneuverability, speed, and stealth of drones which could fly directly up to an open bathroom window, the Michigan Court of Appeals ruled that persons do have a reasonable expectation of privacy in their property against drone surveillance and that government officials must therefore obtain a warrant for such surveillance. However, although the Court of Appeals held that government officials had violated the Fourth Amendment, the court further held that the exclusionary rule does not apply in civil cases to suppress unconstitutionally obtained evidence. The Maxons appealed to the Michigan Supreme Court. In weighing in before the Court on behalf of the Maxons’ right to be free from warrantless aerial drone surveillance, The Rutherford Institute and Cato Institute warned that failure to apply the exclusionary rule will create a roadmap for the government to circumvent Fourth Amendment protections by simply classifying its fines as “civil” to punish people for violating its laws and ordinances.

Clark M. Neily, III and Laura A. Bondank of the Cato Institute helped advance the arguments in the Long Lake Township v. Maxon amicus brief.

The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

Death by a Thousand Cuts: The Many Ways Our Rights Have Been Usurped Since 9/11

Posted: September 11, 2023 in Uncategorized
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“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.” — Abraham Lincoln

Those who gave us the Constitution and the Bill of Rights believed that the government exists at the behest of its citizens. It is there to protect, defend and even enhance our freedoms, not violate them.

Unfortunately, although the Bill of Rights was adopted as a means of protecting the people against government tyranny, in America today, the government does whatever it wants, freedom be damned.

In the 22 years since the USA Patriot Act—a massive 342-page wish list of expanded powers for the FBI and CIA—was rammed through Congress in the wake of the so-called 9/11 terror attacks, it has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse.

The Patriot Act drove a stake through the heart of the Bill of Rights, violating at least six of the ten original amendments—the First, Fourth, Fifth, Sixth, Seventh and Eighth Amendments—and possibly the Thirteenth and Fourteenth Amendments, as well.

The Patriot Act also redefined terrorism so broadly that many non-terrorist political activities such as protest marches, demonstrations and civil disobedience are now considered potential terrorist acts, thereby rendering anyone desiring to engage in protected First Amendment expressive activities as suspects of the surveillance state.

The Patriot Act justified broader domestic surveillance, the logic being that if government agents knew more about each American, they could distinguish the terrorists from law-abiding citizens—no doubt a reflexive impulse shared by small-town police and federal agents alike.

This, according to Washington Post reporter Robert O’Harrow, Jr., was a fantasy that “had been brewing in the law enforcement world for a long time.” And 9/11 provided the government with the perfect excuse for conducting far-reaching surveillance and collecting mountains of information on even the most law-abiding citizen.

Federal agents and police officers are now authorized to conduct covert black bag “sneak-and-peak” searches of homes and offices while you are away and confiscate your personal property without first notifying you of their intent or their presence.

The law also granted the FBI the right to come to your place of employment, demand your personal records and question your supervisors and fellow employees, all without notifying you; allowed the government access to your medical records, school records and practically every personal record about you; and allowed the government to secretly demand to see records of books or magazines you’ve checked out in any public library and Internet sites you’ve visited (at least 545 libraries received such demands in the first year following passage of the Patriot Act).

In the name of fighting terrorism, government officials are now permitted to monitor religious and political institutions with no suspicion of criminal wrongdoing; prosecute librarians or keepers of any other records if they tell anyone that the government has subpoenaed information related to a terror investigation; monitor conversations between attorneys and clients; search and seize Americans’ papers and effects without showing probable cause; and jail Americans indefinitely without a trial, among other things.

The federal government also made liberal use of its new powers, especially through the use (and abuse) of the nefarious national security letters, which allow the FBI to demand personal customer records from Internet Service Providers, financial institutions and credit companies at the mere say-so of the government agent in charge of a local FBI office and without prior court approval.

In fact, since 9/11, we’ve been spied on by surveillance cameras, eavesdropped on by government agents, had our belongings searched, our phones tapped, our mail opened, our email monitored, our opinions questioned, our purchases scrutinized (under the USA Patriot Act, banks are required to analyze your transactions for any patterns that raise suspicion and to see if you are connected to any objectionable people), and our activities watched.

We’re also being subjected to invasive patdowns and whole-body scans of our persons and seizures of our electronic devices in the nation’s airports. We can’t even purchase certain cold medicines at the pharmacy anymore without it being reported to the government and our names being placed on a watch list.

In this way, “we the people” continue to be terrorized, traumatized, and tricked into a semi-permanent state of compliance by a government that cares nothing for our lives or our liberties.

The bogeyman’s names and faces have changed over time (terrorism, the war on drugs, illegal immigration, a viral pandemic, and more to come), but the end result remains the same: in the so-called name of national security, the Constitution has been steadily chipped away at, undermined, eroded, whittled down, and generally discarded with the support of Congress, the White House, and the courts.

A recitation of the Bill of Rights—set against a backdrop of government surveillance, militarized police, SWAT team raids, asset forfeiture, eminent domain, overcriminalization, armed surveillance drones, whole body scanners, stop and frisk searches, vaccine mandates, lockdowns, and the like (all sanctioned by Congress, the White House, and the courts)—would understandably sound more like a eulogy to freedoms lost than an affirmation of rights we truly possess.

What we are left with today is but a shadow of the robust document adopted more than two centuries ago. Sadly, most of the damage has been inflicted upon the Bill of Rights.

Here is what it means to live under the Constitution, with the nation still suffering blowback from the permanent state of emergency brought about by 9/11 and COVID-19.

The First Amendment is supposed to protect the freedom to speak your mind, assemble and protest nonviolently without being bridled by the government. It also protects the freedom of the media, as well as the right to worship and pray without interference. In other words, Americans should not be silenced by the government. To the founders, all of America was a free speech zone.

Despite the clear protections found in the First Amendment, the freedoms described therein are under constant assault. Increasingly, Americans are being persecuted for exercising their First Amendment rights and speaking out against government corruption. Activists are being arrested and charged for daring to film police officers engaged in harassment or abusive practices. Journalists are being prosecuted for reporting on whistleblowers. States are passing legislation to muzzle reporting on cruel and abusive corporate practices. Religious ministries are being fined for attempting to feed and house the homeless. Protesters are being tear-gassed, beaten, arrested and forced into “free speech zones.” And under the guise of “government speech,” the courts have reasoned that the government can discriminate freely against any First Amendment activity that takes place within a so-called government forum.

The Second Amendment was intended to guarantee “the right of the people to keep and bear arms.” Essentially, this amendment was intended to give the citizenry the means to resist tyrannical government. Yet while gun ownership has been recognized by the U.S. Supreme Court as an individual citizen right, Americans remain powerless to defend themselves against red flag gun laws, militarized police, SWAT team raids, and government agencies armed to the teeth with military weapons better suited to the battlefield.

The Third Amendment reinforces the principle that civilian-elected officials are superior to the military by prohibiting the military from entering any citizen’s home without “the consent of the owner.” With the police increasingly training like the military, acting like the military, and posing as military forces—complete with heavily armed SWAT teams, military weapons, assault vehicles, etc.—it is clear that we now have what the founders feared most—a standing army on American soil.

The Fourth Amendment prohibits government agents from conducting surveillance on you or touching you or encroaching on your private property unless they have evidence that you’re up to something criminal. In other words, the Fourth Amendment ensures privacy and bodily integrity. Unfortunately, the Fourth Amendment has suffered the greatest damage in recent years and has been all but eviscerated by an unwarranted expansion of governmental police powers that include strip searches and even anal and vaginal searches of citizens, surveillance (corporate and otherwise), and intrusions justified in the name of fighting terrorism, as well as the outsourcing of otherwise illegal activities to private contractors.

The Fifth Amendment and the Sixth Amendment work in tandem. These amendments supposedly ensure that you are innocent until proven guilty, and government authorities cannot deprive you of your life, your liberty or your property without the right to an attorney and a fair trial before a civilian judge. However, in the new suspect society in which we live, where surveillance is the norm, these fundamental principles have been upended. Certainly, 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.

The Seventh Amendment guarantees citizens the right to a jury trial. Yet when the populace has no idea of what’s in the Constitution—civic education has virtually disappeared from most school curriculums—that inevitably translates to an ignorant jury incapable of distinguishing justice and the law from their own preconceived notions and fears. However, as a growing number of citizens are coming to realize, the power of the jury to nullify the government’s actions—and thereby help balance the scales of justice—is not to be underestimated. Jury nullification reminds the government that “we the people” retain the power to ultimately determine what laws are just.

The Eighth Amendment is similar to the Sixth in that it is supposed to protect the rights of the accused and forbid the use of cruel and unusual punishment. However, the Supreme Court’s determination that what constitutes “cruel and unusual” should be dependent on the “evolving standards of decency that mark the progress of a maturing society” leaves us with little protection in the face of a society lacking in morals altogether.

The Ninth Amendment provides that other rights not enumerated in the Constitution are nonetheless retained by the people. Popular sovereignty—the belief that the power to govern flows upward from the people rather than downward from the rulers—is clearly evident in this amendment. However, it has since been turned on its head by a centralized federal government that sees itself as supreme and which continues to pass more and more laws that restrict our freedoms under the pretext that it has an “important government interest” in doing so.

As for the Tenth Amendment’s reminder that the people and the states retain every authority that is not otherwise mentioned in the Constitution, that assurance of a system of government in which power is divided among local, state and national entities has long since been rendered moot by the centralized Washington, DC, power elite—the president, Congress and the courts.

Thus, if there is any sense to be made from this recitation of freedoms lost, it is simply this: our individual freedoms have been eviscerated so that the government’s powers could be expanded.

It was no idle happenstance that the Constitution, which was adopted 236 years ago on Sept. 17, 1787, opens with these three powerful words: “We the people.” As the Preamble proclaims:

We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this CONSTITUTION for the United States of America.

In other words, it’s our job to make the government play by the rules of the Constitution.

We are supposed to be the masters and they—the government and its agents—are the servants.

We the American people—the citizenry—are supposed to be the arbiters and ultimate guardians of America’s welfare, defense, liberty, laws and prosperity.

Still, it’s hard to be a good citizen if you don’t know anything about your rights or how the government is supposed to operate.

As the National Review rightly asks, “How can Americans possibly make intelligent and informed political choices if they don’t understand the fundamental structure of their government? American citizens have the right to self-government, but it seems that we increasingly lack the capacity for it.”

Americans are constitutionally illiterate.

Most citizens have little, if any, knowledge about their basic rights. And our educational system does a poor job of teaching the basic freedoms guaranteed in the Constitution and the Bill of Rights.

Teachers and school administrators do not fare much better. A study conducted by the Center for Survey Research and Analysis found that one educator in five was unable to name any of the freedoms in the First Amendment.

Government leaders and politicians are also ill-informed. Although they take an oath to uphold, support and defend the Constitution against “enemies foreign and domestic,” their lack of education about our fundamental rights often causes them to be enemies of the Bill of Rights.

So what’s the solution?

Thomas Jefferson recognized that a citizenry educated on “their rights, interests, and duties”  is the only real assurance that freedom will survive.

From the President on down, anyone taking public office should have a working knowledge of the Constitution and the Bill of Rights and should be held accountable for upholding their precepts. One way to ensure this would be to require government leaders to take a course on the Constitution and pass a thorough examination thereof before being allowed to take office.

Some critics are advocating that students pass the United States citizenship exam in order to graduate from high school. Others recommend that it must be a prerequisite for attending college. I’d go so far as to argue that students should have to pass the citizenship exam before graduating from grade school.

Here’s an idea to get educated and take a stand for freedom: anyone who signs up to become a member of The Rutherford Institute gets a wallet-sized Bill of Rights card and a Know Your Rights card. Use this card to teach your children the freedoms found in the Bill of Rights.

A healthy, representative government is hard work. It takes a citizenry that is informed about the issues, educated about how the government operates, and willing to do more than grouse and complain.

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, “we the people” have the power to make and break the government.

The powers-that-be want us to remain divided over politics, hostile to those with whom we disagree politically, and intolerant of anyone or anything whose solutions to what ails this country differ from our own. They also want us to believe that our job as citizens begins and ends on Election Day.

Yet there are 330 million of us in this country. Imagine what we could accomplish if we actually worked together, presented a united front, and spoke with one voice.

Tyranny wouldn’t stand a chance.

Source: https://tinyurl.com/4sbcn4jd

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

The Next Crisis Is Anyone’s Guess, But the Government Is Ready to Lockdown the Nation

Posted: September 5, 2023 in Uncategorized
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“The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by an endless series of hobgoblins, most of them imaginary.”—H.L. Mencken

First came 9/11, which the government used to transform itself into a police state.

Then the COVID-19 pandemic hit, which the police state used to test out its lockdown powers.

In light of the government’s tendency to exploit crises (legitimate or manufactured) and capitalize on the nation’s heightened emotions, confusion and fear as a means of extending the reach of the police state, one has to wonder what so-called crisis it will declare next.

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

Frankly, it doesn’t even matter what the nature of the next national emergency might be (terrorism, civil unrest, economic collapse, a health scare, or the environment) as long as it allows the government to lockdown the nation and justify all manner of tyranny in the so-called name of national security.

Cue the Emergency State.

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

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

Here’s what we know: given the rate at which the government keeps devising new ways to establish itself as the “solution” to all of our worldly problems at taxpayer expense, each subsequent crisis ushers in ever larger expansions of government power and less individual liberty.

This is the slippery slope to outright tyranny.

You see, once the government acquires (and uses) authoritarian powers—to spy on its citizens, to carry out surveillance, to transform its police forces into extensions of the military, to seize taxpayer funds, to wage endless wars, to censor and silence dissidents, to identify potential troublemakers, to detain citizens without due process—it does not voluntarily relinquish them.

The lesson for the ages is this: once any government is allowed to overreach and expand its powers, it’s almost impossible to put the genie back in the bottle. As Harvard constitutional law professor Laurence Tribe recognizes, “The dictatorial hunger for power is insatiable.”

Indeed, the history of the United States is a testament to the old adage that liberty decreases as government (and government bureaucracy) grows. To put it another way, as government expands, liberty contracts.

In this way, every crisis since the nation’s early beginnings has become a make-work opportunity for the government.

Each crisis has also been a test to see how far “we the people” would allow the government to sidestep the Constitution in the so-called name of national security; a test to see how well we have assimilated the government’s lessons in compliance, fear and police state tactics; a test to see how quickly we’ll march in lockstep with the government’s dictates, no questions asked; and a test to see how little resistance we offer up to the government’s power grabs when made in the name of national security.

Most critically of all, it has been a test to see whether the Constitution—and our commitment to the principles enshrined in the Bill of Rights—could survive a national crisis and true state of emergency.

Unfortunately, we’ve been failing this particular test for a long time now.

Indeed, the powers-that-be have been pushing our buttons and herding us along like so much cattle since World War II, at least, starting with the Japanese attacks on Pearl Harbor, which not only propelled the U.S. into World War II but also unified the American people in their opposition to a common enemy.

That fear of attack by foreign threats, conveniently torqued by the growing military industrial complex, in turn gave rise to the Cold War era’s “Red Scare.” Promulgated through government propaganda, paranoia and manipulation, anti-Communist sentiments boiled over into a mass hysteria that viewed anyone and everyone as suspect: your friends, the next-door neighbor, even your family members could be a Communist subversive.

This hysteria, which culminated in hearings before the House Un-American Activities Committee, where hundreds of Americans were called before Congress to testify about their so-called Communist affiliations and intimidated into making false confessions, also paved the way for the rise of an all-knowing, all-seeing governmental surveillance state.

By the time 9/11 rolled around, all George W. Bush had to do was claim the country was being invaded by terrorists, and the government used the USA Patriot Act to claim greater powers to spy, search, detain and arrest American citizens in order to keep America safe.

By way of the National Defense Authorization Act, Barack Obama continued Bush’s trend of undermining the Constitution, going so far as to give the military the power to strip Americans of their constitutional rights, label them extremists, and detain them indefinitely without trial, all in the name of keeping America safe.

Despite the fact that the breadth of the military’s power to detain American citizens violates not only U.S. law and the Constitution but also international laws, the government has refused to relinquish its detention powers made possible by the NDAA.

Then Donald Trump took office, claiming the country was being invaded by dangerous immigrants and insisting that the only way to keep America safe was to expand the reach of the border police, empower the military to “assist” with border control, and essentially turn the country into a Constitution-free zone.

That so-called immigration crisis then morphed into multiple crises (domestic extremism, the COVID-19 pandemic, race wars, civil unrest, etc.) that the government has been eager to use in order to expand its powers.

Joe Biden, in turn, has made every effort to expand the reach of the militarized police state, pledging to hire 87,000 more IRS agents and 100,000 police officers, and allowing the FBI to operate as standing army.

What the next crisis will be is anyone’s guess, but you can be sure that there will be a next crisis.

So, what should you expect if the government decides to declare another state of emergency and institutes a nationwide lockdown?

You should expect more of the same, only worse.

More compliance, less resistance.

More fear-mongering, mind-control tactics and less tolerance for those who question the government’s propaganda-driven narratives.

Most of all, you should expect more tyranny and less freedom.

Given the government’s past track record and its long-anticipated plans for using armed forces to solve domestic political and social problems in response to a future crisis, there’s every reason to worry about what comes next.

Mark my words: as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, if and when another crisis arises—if and when a nationwide lockdown finally hits—if and when martial law is enacted with little real outcry or resistance from the public— then we will truly understand the extent to which the powers-that-be have fully succeeded in acclimating us to a state of affairs in which the government has all the power and “we the people” have none. 

In the meantime, if all we do to reclaim our freedoms and regain control over our runaway government is vote for yet another puppet of the Deep State, by the time the next crisis arises, it may well be too late.

Source: http://tinyurl.com/3sn4waec

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

We the Targeted: How the Government Weaponizes Surveillance to Silence Its Critics

Posted: August 29, 2023 in Uncategorized
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“Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.” — President Harry S. Truman

Ever since Martin Luther King Jr. delivered his groundbreaking “I Have a Dream” speech during the March on Washington for Jobs and Freedom on Aug. 28, 1963, the Deep State has been hard at work turning King’s dream into a living nightmare.

The end result of the government’s efforts over the past 60 years is a country where nothing ever really changes, and everyone lives in fear.

Race wars are still being stoked by both the Right and the Left; the military-industrial complex is still waging profit-driven wars at taxpayer expense; the oligarchy is still calling the shots in the seats of government power; and the government is still weaponizing surveillance in order to muzzle anti-government sentiment, harass activists, and terrorize Americans into compliance.

This last point is particularly disturbing.

Starting in the 1950s, the government relied on COINTELPRO, its domestic intelligence program, to neutralize domestic political dissidents. Those targeted by the FBI under COINTELPRO for its intimidation, surveillance and smear campaigns included: Martin Luther King Jr., Malcom X, the Black Panther Party, John Lennon, Billie Holiday, Emma Goldman, Aretha Franklin, Charlie Chaplin, Ernest Hemingway, Felix Frankfurter, and hundreds more.

In more recent decades, the powers-that-be have expanded their reach to target anyone who opposes the police state, regardless of their political leanings.

Advances in technology have enabled the government to deploy a veritable arsenal of surveillance weapons in order to “expose, disrupt, misdirect, discredit, or otherwise neutralize” perceived threats to the government’s power.

Surveillance cameras mounted on utility poles, traffic lights, businesses, and homes. License plate readers. Ring doorbells. GPS devices. Dash cameras. Drones. Store security cameras. Geofencing and geotracking. FitBits. Alexa. Internet-connected devices. Geofencing dragnets. Fusion centers. Smart devices. Behavioral threat assessments. Terror watch lists. Facial recognition. Snitch tip lines. Biometric scanners. Pre-crime. DNA databases. Data mining. Precognitive technology. Contact tracing apps.

What these add up to is a world in which, on any given day, the average person is now monitored, surveilled, spied on and tracked in more than 20 different ways by both government and corporate eyes and ears.

Consider just a small sampling of the ways in which the government is weaponizing its 360 degree surveillance technologies to flag you as a threat to national security, whether or not you’ve done anything wrong.

Flagging you as a danger based on your feelings. Customs and Border Protection is reportedly using an artificial intelligence surveillance program that can detect “sentiment and emotion” in social media posts in order to identify travelers who may be “a threat to public safety, national security, or lawful trade and travel.”

Flagging you as a danger based on your phone and movements. Cell phones have become de facto snitches, offering up a steady stream of digital location data on users’ movements and travels. For instance, the FBI was able to use geofence data to identify more than 5,000 mobile devices (and their owners) in a 4-acre area around the Capitol on January 6. This latest surveillance tactic could land you in jail for being in the “wrong place and time.” Police are also using cell-site simulators to carry out mass surveillance of protests without the need for a warrant. Moreover, federal agents can now employ a number of hacking methods in order to gain access to your computer activities and “see” whatever you’re seeing on your monitor. Malicious hacking software can also be used to remotely activate cameras and microphones, offering another means of glimpsing into the personal business of a target.

Flagging you as a danger based on your DNA. DNA technology in the hands of government officials completes our transition to a Surveillance State. If you have the misfortune to leave your DNA traces anywhere a crime has been committed, you’ve already got a file somewhere in some state or federal database—albeit it may be a file without a name. By accessing your DNA, the government will soon know everything else about you that they don’t already know: your family chart, your ancestry, what you look like, your health history, your inclination to follow orders or chart your own course, etc. After all, a DNA print reveals everything about “who we are, where we come from, and who we will be.” It can also be used to predict the physical appearance of potential suspects. It’s only a matter of time before the police state’s pursuit of criminals expands into genetic profiling and a preemptive hunt for criminals of the future.

Flagging you as a danger based on your face. Facial recognition software aims to create a society in which every individual who steps out into public is tracked and recorded as they go about their daily business. Coupled with surveillance cameras that blanket the country, facial recognition technology allows the government and its corporate partners to identify and track someone’s movements in real-time. One particularly controversial software program created by Clearview AI has been used by police, the FBI and the Department of Homeland Security to collect photos on social media sites for inclusion in a massive facial recognition database. Similarly, biometric software, which relies on one’s unique identifiers (fingerprints, irises, voice prints), is becoming the standard for navigating security lines, as well as bypassing digital locks and gaining access to phones, computers, office buildings, etc. In fact, greater numbers of travelers are opting into programs that rely on their biometrics in order to avoid long waits at airport security. Scientists are also developing lasers that can identify and surveil individuals based on their heartbeats, scent and microbiome.

Flagging you as a danger based on your behavior. Rapid advances in behavioral surveillance are not only making it possible for individuals to be monitored and tracked based on their patterns of movement or behavior, including gait recognition (the way one walks), but have given rise to whole industries that revolve around predicting one’s behavior based on data and surveillance patterns and are also shaping the behaviors of whole populations. One smart “anti-riot” surveillance system purports to predict mass riots and unauthorized public events by using artificial intelligence to analyze social media, news sources, surveillance video feeds and public transportation data.

Flagging you as a danger based on your spending and consumer activities. With every smartphone we buy, every GPS device we install, every Twitter, Facebook, and Google account we open, every frequent buyer card we use for purchases—whether at the grocer’s, the yogurt shop, the airlines or the department store—and every credit and debit card we use to pay for our transactions, we’re helping Corporate America build a dossier for its government counterparts on who we know, what we think, how we spend our money, and how we spend our time. Consumer surveillance, by which your activities and data in the physical and online realms are tracked and shared with advertisers, has become a $300 billion industry that routinely harvests your data for profit. Corporations such as Target have not only been tracking and assessing the behavior of their customers, particularly their purchasing patterns, for years, but the retailer has also funded major surveillance in cities across the country and developed behavioral surveillance algorithms that can determine whether someone’s mannerisms might fit the profile of a thief.

Flagging you as a danger based on your public activities. Private corporations in conjunction with police agencies throughout the country have created a web of surveillance that encompasses all major cities in order to monitor large groups of people seamlessly, as in the case of protests and rallies. They are also engaging in extensive online surveillance, looking for any hints of “large public events, social unrest, gang communications, and criminally predicated individuals.” Defense contractors have been at the forefront of this lucrative market. Fusion centers, $330 million-a-year, information-sharing hubs for federal, state and law enforcement agencies, monitor and report such “suspicious” behavior as people buying pallets of bottled water, photographing government buildings, and applying for a pilot’s license as “suspicious activity.”

Flagging you as a danger based on your social media activities. Every move you make, especially on social media, is monitored, mined for data, crunched, and tabulated in order to form a picture of who you are, what makes you tick, and how best to control you when and if it becomes necessary to bring you in line. As The Intercept reported, the FBI, CIA, NSA and other government agencies are increasingly investing in and relying on corporate surveillance technologies that can mine constitutionally protected speech on social media platforms such as Facebook, Twitter and Instagram in order to identify potential extremists and predict who might engage in future acts of anti-government behavior. This obsession with social media as a form of surveillance will have some frightening consequences in coming years. As Helen A.S. Popkin, writing for NBC News, observed, “We may very well face a future where algorithms bust people en masse for referencing illegal ‘Game of Thrones’ downloads… the new software has the potential to roll, Terminator-style, targeting every social media user with a shameful confession or questionable sense of humor.”

Flagging you as a danger based on your social network. Not content to merely spy on individuals through their online activity, government agencies are now using surveillance technology to track one’s social network, the people you might connect with by phone, text message, email or through social message, in order to ferret out possible criminals. An FBI document obtained by Rolling Stone speaks to the ease with which agents are able to access address book data from Facebook’s WhatsApp and Apple’s iMessage services from the accounts of targeted individuals and individuals not under investigation who might have a targeted individual within their network. What this creates is a “guilt by association” society in which we are all as guilty as the most culpable person in our address book.

Flagging you as a danger based on your car. License plate readers are mass surveillance tools that can photograph over 1,800 license tag numbers per minute, take a picture of every passing license tag number and store the tag number and the date, time, and location of the picture in a searchable database, then share the data with law enforcement, fusion centers and private companies to track the movements of persons in their cars. With tens of thousands of these license plate readers now in operation throughout the country, affixed to overpasses, cop cars and throughout business sectors and residential neighborhoods, it allows police to track vehicles and run the plates through law enforcement databases for abducted children, stolen cars, missing people and wanted fugitives. Of course, the technology is not infallible: there have been numerous incidents in which police have mistakenly relied on license plate data to capture out suspects only to end up detaining innocent people at gunpoint.

Flagging you as a danger based on your political views. The Church Committee, the Senate task force charged with investigating COINTELPRO abuses in 1975, concluded that the government had carried out “secret surveillance of citizens on the basis of their political beliefs, even when those beliefs posed no threat of violence or illegal acts on behalf of a hostile foreign power.” The report continued: “Groups and individuals have been harassed and disrupted because of their political views and their lifestyles… Intelligence agencies have served the political and personal objectives of presidents and other high officials.” Nothing has changed since then.

Flagging you as a danger based on your correspondence. Just about every branch of the government—from the Postal Service to the Treasury Department and every agency in between—now has its own surveillance sector, authorized to spy on the American people. For instance, the U.S. Postal Service, which has been photographing the exterior of every piece of paper mail for the past 20 years, is also spying on Americans’ texts, emails and social media posts. Headed up by the Postal Service’s law enforcement division, the Internet Covert Operations Program (iCOP) is reportedly using facial recognition technology, combined with fake online identities, to ferret out potential troublemakers with “inflammatory” posts. The agency claims the online surveillance, which falls outside its conventional job scope of processing and delivering paper mail, is necessary to help postal workers avoid “potentially volatile situations.”

Now the government wants us to believe that we have nothing to fear from these mass spying programs as long as we’ve done nothing wrong.

Don’t believe it.

As Matthew Feeney warns in the New York Times, “In the past, Communists, civil rights leaders, feminists, Quakers, folk singers, war protesters and others have been on the receiving end of law enforcement surveillance. No one knows who the next target will be.”

The government’s definition of a “bad” guy is extraordinarily broad, and it results in the warrantless surveillance of innocent, law-abiding Americans on a staggering scale.

Moreover, there is a repressive, suppressive effect to surveillance that not only acts as a potentially small deterrent on crime but serves to monitor and chill lawful First Amendment activity, and that is the whole point.

Weaponized surveillance is re-engineering a society structured around the aesthetic of fear.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the police state wants us silent, servile and compliant.

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

And they certainly do not want us to remember that we have rights, let alone attempting to exercise those rights peaceably and lawfully, whether it’s protesting police brutality and racism, challenging COVID-19 mandates, questioning election outcomes, or listening to alternate viewpoints—even conspiratorial ones—in order to form our own opinions about the true nature of government. 

Source: https://tinyurl.com/5n8839tw

ABOUT JOHN W. WHITEHEAD

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

Publication Guidelines / Reprint Permission

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

We’re All Suspects in a DNA Lineup, Waiting to be Matched with a Crime

Posted: August 21, 2023 in Uncategorized
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“Make no mistake about it…your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason… I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection.”—Justice Antonin Scalia dissenting in Maryland v. King

Be warned: the DNA detectives are on the prowl.

Whatever skeletons may be lurking on your family tree or in your closet, whatever crimes you may have committed, whatever associations you may have with those on the government’s most wanted lists: the police state is determined to ferret them out.

In an age of overcriminalization, round-the-clock surveillance, and a police state eager to flex its muscles in a show of power, we are all guilty of some transgression or other.

No longer can we consider ourselves innocent until proven guilty.

Now we are all suspects in a DNA lineup waiting to be matched up with a crime.

Suspect State, meet the Genetic Panopticon.

DNA technology in the hands of government officials will complete our transition to a Surveillance State in which prison walls are disguised within the seemingly benevolent trappings of technological and scientific progress, national security and the need to guard against terrorists, pandemics, civil unrest, etc.

By accessing your DNA, the government will soon know everything else about you that they don’t already know: your family chart, your ancestry, what you look like, your health history, your inclination to follow orders or chart your own course, etc.

It’s getting harder to hide, even if you think you’ve got nothing to hide.

Armed with unprecedented access to DNA databases amassed by the FBI and ancestry website, as well as hospital newborn screening programs, police are using forensic genealogy, which allows police to match up an unknown suspect’s crime scene DNA with that of any family members in a genealogy database, to solve cold cases that have remained unsolved for decades.

As reported by The Intercept, forensic genetic genealogists are “combing through the genetic information of hundreds of thousands of innocent people in search of a perpetrator.”

By submitting your DNA to a genealogical database such as Ancestry and 23andMe, you’re giving the police access to the genetic makeup, relationships and health profiles of every relative—past, present and future—in your family, whether or not you or they ever agreed to be part of such a database.

Indeed, relying on a loophole in a commercial database called GEDmatch, genetic genealogists are able to sidestep privacy rules that allow people to opt out of sharing their genetic information with police. The end result? Police are now able to identify and target those very individuals who explicitly asked to keep their DNA results private.

In this way, merely choosing to exercise your right to privacy makes you a suspect and puts you in the police state’s crosshairs.

It no longer even matters if you’re among the tens of millions of people who have added their DNA to ancestry databases. As Brian Resnick reports, public DNA databases have grown so massive that they can be used to find you even if you’ve never shared your own DNA.

That simple transaction—a spit sample or a cheek swab in exchange for getting to learn everything about one’s ancestral makeup, where one came from, and who is part of one’s extended family—is the price of entry into the Suspect State for all of us.

After all, a DNA print reveals everything about “who we are, where we come from, and who we will be.” It can also be used to predict the physical appearance of potential suspects.

It’s what police like to refer to a “modern fingerprint.”

Whereas fingerprint technology created a watershed moment for police in their ability to “crack” a case, DNA technology is now being hailed by law enforcement agencies as the magic bullet in crime solving, especially when it helps them crack cold cases of serial murders and rapists.

After all, who wouldn’t want to get psychopaths and serial rapists off the streets and safely behind bars, right?

At least, that’s the argument being used by law enforcement to support their unrestricted access to these genealogy databases, and they’ve got the success stories to prove it.

For instance, a 68-year-old Pennsylvania man was arrested and charged with the brutal rape and murder of a young woman almost 50 years earlier. Relying on genealogical research suggesting that the killer had ancestors who hailed from a small town in Italy, investigators narrowed their findings down to one man whose DNA, obtained from a discarded coffee cup, matched the killer’s.

In another cold case investigation, a 76-year-old man was arrested for two decades-old murders after his DNA was collected from a breathalyzer during an unrelated traffic stop.

Yet it’s not just psychopaths and serial rapists who are getting caught up in the investigative dragnet. In the police state’s pursuit of criminals, anyone who comes up as a possible DNA match—including distant family members—suddenly becomes part of a circle of suspects that must be tracked, investigated and ruled out.

In this way, “guilt by association” has taken on new connotations in a technological age in which one is just a DNA sample away from being considered a person of interest in a police investigation. As Jessica Cussins warns in Psychology Today, “The fundamental fight—that data from potentially innocent people should not be used to connect them to unrelated crimes—has been lost.”

Until recently, the government was required to at least observe some basic restrictions on when, where and how it could access someone’s DNA. That was turned on its head by various U.S. Supreme Court rulings that heralded the loss of privacy on a cellular level.

For instance, the U.S. Supreme Court ruled in Maryland v. King that taking DNA samples from a suspect doesn’t violate the Fourth Amendment. The Court’s subsequent decision to let stand the Maryland Court of Appeals’ ruling in Raynor v. Maryland, which essentially determined that individuals do not have a right to privacy when it comes to their DNA, made Americans even more vulnerable to the government accessing, analyzing and storing their DNA without their knowledge or permission.

It’s all been downhill since then.

Indeed, the government has been relentless in its efforts to get hold of our DNA, either through mandatory programs carried out in connection with law enforcement and corporate America, by warrantlessly accessing our familial DNA shared with genealogical services such as Ancestry and 23andMe, or through the collection of our “shed” or “touch” DNA.

Get ready, folks, because the government has embarked on a diabolical campaign to create a nation of suspects predicated on a massive national DNA database.

This has been helped along by Congress (which adopted legislation allowing police to collect and test DNA immediately following arrests), President Trump (who signed the Rapid DNA Act into law), the courts (which have ruled that police can routinely take DNA samples from people who are arrested but not yet convicted of a crime), and local police agencies (which are chomping at the bit to acquire this new crime-fighting gadget).

For example, Rapid DNA machines—portable, about the size of a desktop printer, highly unregulated, far from fool-proof, and so fast that they can produce DNA profiles in less than two hours—allow police to go on fishing expeditions for any hint of possible misconduct using DNA samples.

Journalist Heather Murphy explains: “As police agencies build out their local DNA databases, they are collecting DNA not only from people who have been charged with major crimes but also, increasingly, from people who are merely deemed suspicious, permanently linking their genetic identities to criminal databases.”

All 50 states now maintain their own DNA government databases, although the protocols for collection differ from state to state. Increasingly, many of the data from local databanks are being uploaded to CODIS, the FBI’s massive DNA database, which has become a de facto way to identify and track the American people from birth to death.

Even hospitals have gotten in on the game by taking and storing newborn babies’ DNA, often without their parents’ knowledge or consent. It’s part of the government’s mandatory genetic screening of newborns. In many states, the DNA is stored indefinitely. There’s already a move underway to carry out whole genome sequencing on newborns, ostensibly to help diagnose rare diseases earlier and improve health later in life, which constitutes an ethical minefield all by itself.

What this means for those being born today is inclusion in a government database that contains intimate information about who they are, their ancestry, and what awaits them in the future, including their inclinations to be followers, leaders or troublemakers.

For example, police in New Jersey accessed the DNA from a nine-year-old blood sample of a newborn baby in order to identify the child’s father as a suspect in a decades-old sexual assault.

The ramifications of this kind of DNA profiling are far-reaching.

At a minimum, these DNA databases do away with any semblance of privacy or anonymity.

These genetic databases and genomic technology also make us that much more vulnerable to creeps and cyberstalkers, genetic profiling, and those who would weaponize the technology against us.

Unfortunately, the debate over genetic privacy—and when one’s DNA becomes a public commodity outside the protection of the Fourth Amendment’s prohibition on warrantless searches and seizures—continues to lag far behind the government and Corporate America’s encroachments on our rights.

Moreover, while much of the public debate, legislative efforts and legal challenges in recent years have focused on the protocols surrounding when police can legally collect a suspect’s DNA (with or without a search warrant and whether upon arrest or conviction), the question of how to handle “shed” or “touch” DNA has largely slipped through without much debate or opposition.

As scientist Leslie A. Pray notes:

We all shed DNA, leaving traces of our identity practically everywhere we go… In fact, the garbage you leave for curbside pickup is a potential gold mine of this sort of material. All of this shed or so-called abandoned DNA is free for the taking by local police investigators hoping to crack unsolvable cases… shed DNA is also free for inclusion in a secret universal DNA databank.

What this means is that if you have the misfortune to leave your DNA traces anywhere a crime has been committed, you’ve already got a file somewhere in some state or federal database—albeit it may be a file without a name.

As the dissenting opinion to the Maryland Court of Appeals’ shed DNA ruling in Raynor rightly warned, “A person can no longer vote, participate in a jury, or obtain a driver’s license, without opening up his genetic material for state collection and codification.”

It’s just a matter of time before government agents will know everywhere we’ve been and how long we were at each place by following our shed DNA. After all, scientists can already track salmon across hundreds of square miles of streams and rivers using DNA.

Today, helped along by robotics and automation, DNA processing, analysis and reporting takes far less time and can bring forth all manner of information, right down to a person’s eye color and relatives. Incredibly, one company specializes in creating “mug shots” for police based on DNA samples from unknown “suspects” which are then compared to individuals with similar genetic profiles.

Of course, none of these technologies are infallible.

DNA evidence can be wrong, either through human error, tampering, or even outright fabrication, and it happens more often than we are told.

What this amounts to is a scenario in which we have little to no defense against charges of wrongdoing, especially when “convicted” by technology, and even less protection against the government sweeping up our DNA in much the same way it sweeps up our phone calls, emails and text messages.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, it’s only a matter of time before the police state’s pursuit of criminals from the past expands into genetic profiling and a preemptive hunt for criminals of the future.

Source: https://tinyurl.com/yss7tf97

ABOUT JOHN W. WHITEHEAD

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

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