Posts Tagged ‘police state’

“The Crisis of the Now: Distracted and Diverted from the Ever-Encroaching Police State” by John W. Whitehead

Posted: September 22, 2015 in Uncategorized
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“When a population becomes distracted by trivia, when cultural life is redefined as a perpetual round of entertainments, when serious public conversation becomes a form of baby talk, when, in short, a people become an audience and their public business a vaudeville act, then a nation finds itself at risk: culture-death is a clear possibility.”—Author Neil Postman

Caught up in the spectacle of the forthcoming 2016 presidential elections, Americans (never very good when it comes to long-term memory) have not only largely forgotten last year’s hullabaloo over militarized police, police shootings of unarmed citizens, asset forfeiture schemes, and government surveillance but are also generally foggy about everything that has happened since.

Then again, so much is happening on a daily basis that it’s understandable if 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 reality while the government continues to amass more power and authority over the citizenry.

In fact, 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 investigative journalist Mike Adams points out:

This psychological bombardment is waged primarily via the mainstream media which assaults the viewer by the hour with images of violence, war, emotions and conflict. Because the human nervous system is hard wired to focus on immediate threats accompanied by depictions of violence, mainstream media viewers have their attention and mental resources funneled into the never-ending ‘crisis of the NOW’ from which they can never have the mental breathing room to apply logic, reason or historical context.

Consider if you will the regularly scheduled trivia and/or distractions in the past year alone that have kept us tuned into the various breaking news headlines and entertainment spectacles and tuned out to the government’s steady encroachments on our freedoms:

Americans were riveted when the Republican presidential contenders went head-to-head for the second time in a three-hour debate that put Carly Fiorina in a favored position behind Donald Trump; Hillary Clinton presented the softer side of her campaign image during an appearance on The Tonight Show with Jimmy Fallon; scientists announced the discovery of what they believed to be a new pre-human species, Homo naledi, that existed 2.8 million years ago; an 8.3 magnitude earthquake hit Chile; massive wildfires burned through 73,000 acres in California; a district court judge reversed NFL player Tom Brady’s four-game suspension; tennis superstar Serena Williams lost her chance at a calendar grand slam; and President Obama and Facebook mogul Mark Zuckerberg tweeted their support for a Texas student arrested for bringing a homemade clock to school.

That was preceded by the first round of the Republican presidential debates; an immigration crisis in Europe; the relaxing of Cuba-U.S. relations; the first two women soldiers graduating from Army Ranger course; and three Americans being hailed as heroes for thwarting a train attack in France. Before that, there was the removal of the Confederate flag from the South Carolina statehouse; shootings at a military recruiting center in Tennessee and a movie theater in Louisiana; the Boy Scouts’ decision to end its ban on gay adult leaders; the first images sent by the New Horizons spacecraft of Pluto; and the victory over Japan of the U.S. in the Women’s World Cup soccer finals.

No less traumatic and distracting were the preceding months’ newsworthy events, which included a shooting at a Charleston, S.C., church; the trial and sentencing of Boston Marathon bomber suspect Dzhokhar Tsarnaev; the U.S. Supreme Court’s affirmation of same-sex marriage, Obamacare, lethal injection drugs and government censorship of Confederate flag license plates; and an Amtrak train crash in Philadelphia that left more than 200 injured and eight dead.

Also included in the mix of distressing news coverage was the death of 25-year-old Freddie Gray while in police custody and the subsequent riots in Baltimore and city-wide lockdown; the damning report by the Dept. of Justice into discriminatory and abusive practices by the Ferguson police department; the ongoing saga of Hillary Clinton’s use of a private email account while serving as secretary of state; the apparently deliberate crash by a copilot of a German jetliner in the French Alps, killing all 150 passengers and crew; the New England Patriots’ fourth Super Bowl win; a measles outbreak in Disneyland; the escalating tensions between New York police and Mayor Bill de Blasio over his seeming support for anti-police protesters; and a terror attack at the Paris office of satire magazine Charlie Hebdo.

Rounding out the year’s worth of headline-worthy new stories were protests over grand jury refusals to charge police for the deaths of Eric Garner and Michael Brown; the disappearance of an AirAsia flight over the Java Sea; an Ebola outbreak that results in several victims being transported to the U.S. for treatment; reports of domestic violence among NFL players; a security breach at the White House in which a man managed to jump the fence, cross the lawn and enter the main residence; and the reported beheading of American journalist Steven Sotloff by ISIS.

That doesn’t even begin to touch on the spate of entertainment news that tends to win the battle for Americans’ attention: Bruce Jenner’s transgender transformation to Caitlyn Jenner; the death of Whitney Houston’s daughter Bobbi Kristina Brown; Kim Kardashian’s “break the internet” nude derriere photo; sexual assault allegations against Bill Cosby; the suicide of Robin Williams; the cancellation of the comedy The Interview in movie theaters after alleged terror hack threats; the wedding of George Clooney to Amal Alamuddin; the wedding of Angelina Jolie and Brad Pitt; the ALS ice bucket challenge; and the birth of a baby girl to Prince William and Kate.

As I point out in my book Battlefield America: The War on the American People, these sleight-of-hand distractions, diversions and news spectacles are how the corporate elite controls a population by entrapping them in the “crisis of the NOW,” either inadvertently or intentionally, advancing their agenda without much opposition from the citizenry.

Professor Jacques Ellul studied this phenomenon of overwhelming news, short memories and the use of propaganda to advance hidden agendas. “One thought drives away another; old facts are chased by new ones,” wrote Ellul.

“Under these conditions there can be no thought. And, in fact, modern man does not think about current problems; he feels them. He reacts, but he does not understand them any more than he takes responsibility for them. He is even less capable of spotting any inconsistency between successive facts; man’s capacity to forget is unlimited. This is one of the most important and useful points for the propagandists, who can always be sure that a particular propaganda theme, statement, or event will be forgotten within a few weeks.”

But what exactly has the government (aided and abetted by the mainstream media) been doing while we’ve been so cooperatively fixated on whatever current sensation happens to be monopolizing the so-called “news” shows?

If properly disclosed, consistently reported on and properly digested by the citizenry, the sheer volume of the government’s activities, which undermine the Constitution and in many instances are outright illegal, would inevitably give rise to a sea change in how business is conducted in our seats of power.

Surely Americans would be concerned about the Obama administration’s plans to use behavioral science tactics to “nudge” citizens to comply with the government’s public policy and program initiatives? There would be no end to the uproar if Americans understood the ramifications of the government’s plan to train non-medical personnel—teachers, counselors and other lay people—in “mental first aid” in order to train them to screen, identify and report individuals suspected of suffering from mental illness. The problem, of course, arises when these very same mental health screeners misdiagnose opinions or behavior involving lawful First Amendment activities as a mental illness, resulting in involuntary detentions in psychiatric wards for the unfortunate victims.

Parents would be livid if they had any inkling about the school-to-prison pipeline, namely, how the public schools are being transformed from institutions of learning to prison-like factories, complete with armed police and surveillance cameras, aimed at churning out compliant test-takers rather than independent-minded citizens. And once those same young people reach college, they will be indoctrinated into believing that they have a “right” to be free from acts and expressions of intolerance with which they might disagree.

Concerned citizens should be up in arms over the government’s end-run tactics to avoid abiding by the rule of law, whether by outsourcing illegal surveillance activities to defense contractors, outsourcing inhumane torture to foreign countries, causing American citizens to disappear into secret interrogation facilities, or establishing policies that would allow the military to indefinitely detain any citizen—including journalists—considered a belligerent or enemy.

And one would hope American citizens would be incensed about being treated like prisoners in an electronic concentration camp, their every movement monitored, tracked and recorded by a growing government surveillance network that runs the gamut from traffic cameras and police body cameras to facial recognition software. Or outraged that we will be forced to fund a $93 billion drone industry that will be used to spy on our movements and activities, not to mention the fact that private prisons are getting rich (on our taxpayer dollars) by locking up infants, toddlers, children and pregnant women?

Unfortunately, while 71% of American voters are “dissatisfied” with the way things are going in the United States, that discontent has yet to bring about any significant changes in the government, nor has it caused the citizenry to get any more involved in their government beyond the ritualistic election day vote.

Professor Morris Berman suggests that the problems plaguing us as a nation—particularly as they relate to the government—have less to do with our inattention to corruption than our sanctioning, tacit or not, of such activities. “It seems to me,” writes Berman, “that the people do get the government they deserve, and even beyond that, the government who they are, so to speak.”

In other words, if we end up with a militarized police state, it will largely be because we welcomed it with open arms. In fact, according to a recent poll, almost a third of Americans would support a military coup “to take control from a civilian government which is beginning to violate the constitution.”

So where does that leave us?

As legendary television journalist Edward R. Murrow warned, “Unless we get up off our fat surpluses and recognize that television in the main is being used to distract, delude, amuse, and insulate us, then television and those who finance it, those who look at it, and those who work at it, may see a totally different picture too late.”

 

Public School Students Are the New Inmates in the American Police State by John W. Whitehead

Posted: September 14, 2015 in Uncategorized
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“Every day in communities across the United States, children and adolescents spend the majority of their waking hours in schools that have increasingly come to resemble places of detention more than places of learning. From metal detectors to drug tests, from increased policing to all-seeing electronic surveillance, the public schools of the twenty-first century reflect a society that has become fixated on crime, security and violence.”—Investigative journalist Annette Fuentes

In the American police state, you’re either a prisoner (shackled, controlled, monitored, ordered about, limited in what you can do and say, your life not your own) or a prison bureaucrat (police officer, judge, jailer, spy, profiteer, etc.).

Indeed, at a time when we are all viewed as suspects, there are so many ways in which a person can be branded a criminal for violating any number of laws, regulations or policies. Even if you haven’t knowingly violated any laws, there is still a myriad of ways in which you can run afoul of the police state and end up on the wrong side of a jail cell.

Unfortunately, when you’re a child in the American police state, life is that much worse.

Microcosms of the police state, America’s public schools contain almost every aspect of the militarized, intolerant, senseless, overcriminalized, legalistic, surveillance-riddled, totalitarian landscape that plagues those of us on the “outside.”

From the moment a child enters one of the nation’s 98,000 public schools to the moment she graduates, she will be exposed to a steady diet of draconian zero tolerance policies that criminalize childish behavior, overreaching anti-bullying statutes that criminalize speech, school resource officers (police) tasked with disciplining and/or arresting so-called “disorderly” students, standardized testing that emphasizes rote answers over critical thinking, politically correct mindsets that teach young people to censor themselves and those around them, and extensive biometric and surveillance systems that, coupled with the rest, acclimate young people to a world in which they have no freedom of thought, speech or movement.

If your child is fortunate enough to survive his encounter with the public schools, you should count yourself fortunate.

Most students are not so lucky.

By the time the average young person in America finishes their public school education, nearly one out of every three of them will have been arrested.

More than 3 million students are suspended or expelled from schools every year, often for minor misbehavior, such as “disruptive behavior” or “insubordination.” Black students are three times more likely than white students to face suspension and expulsion.

For instance, a Virginia sixth grader, the son of two school teachers and a member of the school’s gifted program, was suspended for a year after school officials found a leaf (likely a maple leaf) in his backpack that they suspected was marijuana. Despite the fact that the leaf in question was not marijuana (a fact that officials knew almost immediately), the 11-year-old was still kicked out of school, charged with marijuana possession in juvenile court, enrolled in an alternative school away from his friends, subjected to twice-daily searches for drugs, and forced to be evaluated for substance abuse problems.

As the Washington Post warns: “It doesn’t matter if your son or daughter brings a real pot leaf to school, or if he brings something that looks like a pot leaf—okra, tomato, maple, buckeye, etc. If your kid calls it marijuana as a joke, or if another kid thinks it might be marijuana, that’s grounds for expulsion.”

Many state laws require that schools notify law enforcement whenever a student is found with an “imitation controlled substance,” basically anything that look likes a drug but isn’t actually illegal. As a result, students have been suspended for bringing to school household spices such as oregano, breath mints, birth control pills and powdered sugar.

It’s not just look-alike drugs that can get a student in trouble under school zero tolerance policies. Look-alike weapons (toy guns—even Lego-sized ones, hand-drawn pictures of guns, pencils twirled in a “threatening” manner, imaginary bows and arrows, even fingers positioned like guns) can also land a student in detention.

Acts of kindness, concern or basic manners can also result in suspensions. One 13-year-old was given detention for exposing the school to “liability” by sharing his lunch with a hungry friend. A third grader was suspended for shaving her head in sympathy for a friend who had lost her hair to chemotherapy. And then there was the high school senior who was suspended for saying “bless you” after a fellow classmate sneezed.

Unfortunately, while these may appear to be isolated incidents, they are indicative of a nationwide phenomenon in which children are treated like suspects and criminals, especially within the public schools.

The schools have become a microcosm of the American police state, right down to the host of surveillance technologies, including video cameras, finger and palm scanners, iris scanners, as well as RFID and GPS tracking devices, employed to keep constant watch over their student bodies.

Making matters worse are the police.

Students accused of being disorderly or noncompliant have a difficult enough time navigating the bureaucracy of school boards, but when you bring the police into the picture, after-school detention and visits to the principal’s office are transformed into punishments such as misdemeanor tickets, juvenile court, handcuffs, tasers and even prison terms.

In the absence of school-appropriate guidelines, police are more and more “stepping in to deal with minor rulebreaking—sagging pants, disrespectful comments, brief physical skirmishes. What previously might have resulted in a detention or a visit to the principal’s office was replaced with excruciating pain and temporary blindness, often followed by a trip to the courthouse.”

Thanks to a combination of media hype, political pandering and financial incentives, the use of armed police officers to patrol school hallways has risen dramatically in the years since the Columbine school shooting (nearly 20,000 by 2003). Funded by the U.S. Department of Justice, these school resource officers (SROs) have become de facto wardens in the elementary, middle and high schools, doling out their own brand of justice to the so-called “criminals” in their midst with the help of tasers, pepperspray, batons and brute force.

The horror stories are legion.

One SRO is accused of punching a 13-year-old student in the face for cutting the cafeteria line. That same cop put another student in a chokehold a week later, allegedly knocking the student unconscious and causing a brain injury. In Pennsylvania, a student was tased after ignoring an order to put his cell phone away.

Defending the use of handcuffs and pepper spray to subdue students, one Alabama police department reasoned that if they can employ such tactics on young people away from school, they should also be permitted to do so on campus.

Now advocates for such harsh police tactics and weaponry will tell you that school safety should be our first priority lest we find ourselves with another Sandy Hook. What they will not tell you is that such shootings are rare. As one congressional report found, the schools are, generally speaking, safe places for children.

In their zeal to crack down on guns and lock down the schools, these cheerleaders for police state tactics in the schools might also fail to mention the lucrative, multi-million dollar deals being cut with military contractors such as Taser International to equip these school cops with tasers, tanks, rifles and $100,000 shooting detection systems.

Indeed, the transformation of hometown police departments into extensions of the military has been mirrored in the public schools, where school police have been gifted with high-powered M16 rifles, MRAP armored vehicles, grenade launchers, and other military gear. One Texas school district even boasts its own 12-member SWAT team.

According to one law review article on the school-to-prison pipeline, “Many school districts have formed their own police departments, some so large they rival the forces of major United States cities in size. For example, the safety division in New York City’s public schools is so large that if it were a local police department, it would be the fifth-largest police force in the country.”

The ramifications are far-reaching.

The term “school-to-prison pipeline” refers to a phenomenon in which children who are suspended or expelled from school have a greater likelihood of ending up in jail. One study found that “being suspended or expelled made a student nearly three times more likely to come into contact with the juvenile justice system within the next year.”

Not content to add police to their employee rosters, the schools have also come to resemble prisons, complete with surveillance cameras, metal detectors, drug-sniffing dogs, random locker searches and active shooter drills. The Detroit public schools boast a “‘$5.6 million 23,000-sq ft. state of the art Command Center’ and ‘$41.7 million district-wide security initiative’ including metal detectors and ID system where visitors’ names are checked against the sex offender registry.”

As if it weren’t bad enough that the nation’s schools have come to resemble prisons, the government is also contracting with private prisons to lock up our young people for behavior that once would have merited a stern lecture. Nearly 40 percent of those young people who are arrested will serve time in a private prison, where the emphasis is on making profits for large megacorporations above all else.

Private prisons, the largest among them being GEO and the Corrections Corporation of America, profit by taking over a state’s prison population for a fee. Many states, under contract with these private prisons, agree to keep the prisons full, which in turn results in more Americans being arrested, found guilty and jailed for nonviolent “crimes” such as holding Bible studies in their back yard. As the Washington Post points out, “With the growing influence of the prison lobby, the nation is, in effect, commoditizing human bodies for an industry in militant pursuit of profit… The influence of private prisons creates a system that trades money for human freedom, often at the expense of the nation’s most vulnerable populations: children, immigrants and the poor.”

This profit-driven system of incarceration has also given rise to a growth in juvenile prisons and financial incentives for jailing young people. Indeed, young people have become easy targets for the private prison industry, which profits from criminalizing childish behavior and jailing young people. For instance, two Pennsylvania judges made headlines when it was revealed that they had been conspiring with two businessmen in a $2.6 million “kids for cash” scandal that resulted in more than 2500 children being found guilty and jailed in for-profit private prisons.

It has been said that America’s schools are the training ground for future generations. Instead of raising up a generation of freedom fighters, however, we seem to be busy churning out newly minted citizens of the American police state who are being taught the hard way what it means to comply, fear and march in lockstep with the government’s dictates.

Battlefield_Cover_300As I point out in my book Battlefield America: The War on the American People, with every school police raid and overzealous punishment that is carried out in the name of school safety, the lesson being imparted is that Americans—especially young people—have no rights at all against the state or the police.

I’ll conclude with one hopeful anecdote about a Philadelphia school dubbed the “Jones Jail” because of its bad reputation for violence among the student body. Situated in a desperately poor and dangerous part of the city, the John Paul Jones Middle School’s student body had grown up among drug users, drug peddlers, prostitutes and gun violence. “By middle school,” reports The Atlantic, most of these students “have witnessed more violence than most Americans who didn’t serve in a war ever will.”

According to investigative reporters Jeff Deeney, “School police officers patrolled the building at John Paul Jones, and children were routinely submitted to scans with metal detecting wands. All the windows were covered in metal grating and one room that held computers even had thick iron prison bars on its exterior… Every day… [police] would set up a perimeter of police officers on the blocks around the school, and those police were there to protect neighbors from the children, not to protect the children from the neighborhood.”

In other words, John Paul Jones, one of the city’s most dangerous schools, was a perfect example of the school-to-prison, police state apparatus at work among the nation’s youngest and most impressionable citizens.

When management of John Paul Jones was taken over by a charter school that opted to de-escalate the police state presence, stripping away the metal detectors and barred windows, local police protested. In fact, they showed up wearing Kevlar vests. Nevertheless, school officials remained determined to do away with institutional control and surveillance, as well as aggressive security guards, and focus on noncoercive, nonviolent conflict resolution with an emphasis on student empowerment, relationship building and anger management.

The result: a 90% drop in serious incidents—drug sales, weapons, assaults, rapes—in one year alone. As one fifth-grader remarked on the changes, “There are no more fights. There are no more police. That’s better for the community.”

The lesson for the rest of us is this: you not only get what you pay for, but you reap what you sow.

If you want a nation of criminals, treat the citizenry like criminals.

If you want young people who grow up seeing themselves as prisoners, run the schools like prisons.

But if you want to raise up a generation of freedom fighters, who will actually operate with justice, fairness, accountability and equality towards each other and their government, then run the schools like freedom forums. Remove the metal detectors and surveillance cameras, re-assign the cops elsewhere, and start treating our nation’s young people like citizens of a republic and not inmates in a police state.

“‘Give Me Liberty or Give Me Death’: The Loss of Our Freedoms in the Wake of 9/11” by John W. Whitehead

Posted: September 8, 2015 in Uncategorized
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“Since mankind’s dawn, a handful of oppressors have accepted the responsibility over our lives that we should have accepted for ourselves. By doing so, they took our power. By doing nothing, we gave it away. We’ve seen where their way leads, through camps and wars, towards the slaughterhouse.” ― Alan Moore, V for Vendetta

What began with the passage of the USA Patriot Act in October 2001 has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse. Since then, we have been terrorized, traumatized, and acclimated to life in the American Surveillance State.

The bogeyman’s names and faces change over time, but the end result remains the same: our unquestioning acquiescence to anything the government wants to do in exchange for the phantom promise of safety and security has transitioned us to life in a society where government agents routinely practice violence on the citizens while, in conjunction with the Corporate State, spying on the most intimate details of our personal lives.

Ironically, the 14th anniversary of the 9/11 attacks occurs just days before the 228th anniversary of the ratification of our Constitution. Yet while there is much to mourn about the loss of our freedoms in the years since 9/11, there is virtually nothing to celebrate.

The Constitution has been steadily chipped away at, undermined, eroded, whittled down, and generally discarded to such an extent that what we are left with today is but a shadow of the robust document adopted more than two centuries ago. Most of the damage has been inflicted upon the Bill of Rights—the first ten amendments to the Constitution—which has historically served as the bulwark from government abuse.

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, roving VIPR raids and the like—all sanctioned by a corrupt government run by Congress, the White House and the courts—a recitation of the Bill of Rights now sounds more like a eulogy to freedoms lost than an affirmation of rights we should possess.

Battlefield_Cover_300As I make clear in my book Battlefield America: The War on the American People, the Constitution has been on life support for some time now and all efforts at resuscitating it may soon prove futile.

We can pretend that the Constitution, which was written to hold the government accountable, is still our governing document. However, the reality we must come to terms with is that in the America we live in today, the government does whatever it wants, freedom be damned, and “we the people” are seen as little more than cattle to be branded and eventually led to the slaughterhouse.

Consider the state of our freedoms, and judge for yourself whether Osama Bin Laden was right when he warned that “freedom and human rights in America are doomed,” and that the “U.S. government will lead the American people in — and the West in general — into an unbearable hell and a choking life.”

Here is what it means to live under the Constitution today.

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.

Yet despite the clear protections found in the First Amendment, the freedoms described therein are under constant assault. Increasingly, Americans are being arrested and charged with bogus “contempt of cop” charges such as “disrupting the peace” or “resisting arrest” 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 government forum.

The Second Amendment was intended to guarantee “the right of the people to keep and bear arms.” 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 SWAT team raids and government agents armed to the teeth with military weapons better suited for the battlefield than for a country founded on freedom. Police shootings of unarmed citizens continue to outrage communities, while little is really being done to demilitarize law enforcement agencies. Indeed, just recently, North Dakota became the first state to legalize law enforcement use of drones armed with weapons such as tear gas, rubber bullets, beanbags, pepper spray and Tasers.

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 military weapons, assault vehicles, etc.—it is clear that we now have what the founders feared most—a standing army on American soil. Moreover, as a result of SWAT team raids (more than 80,000 a year) where police invade homes, often without warrants, and injure and even kill unarmed citizens, the barrier between public and private property has been done away with, leaving us with armed government agents who act as if they own our property.

The Fourth Amendment prohibits the government from conducting surveillance on you or touching you or invading you, unless they have some 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 been all but eviscerated by an unwarranted expansion of police powers that include strip searches and even anal and vaginal searches of citizens, surveillance and intrusions justified in the name of fighting terrorism, as well as the outsourcing of otherwise illegal activities to private contractors. Case in point: Texas police forced a 21-year-old woman to undergo a warrantless vaginal search by the side of the road after she allegedly “rolled” through a stop sign.

The use of civil asset forfeiture schemes to swell the coffers of police forces has also continued to grow in popularity among cash-strapped states. The federal government continues to strong-arm corporations into providing it with access to Americans’ private affairs, from emails and online transactions to banking and web surfing. Coming in the wake of massive leaks about the inner workings of the NSA and the massive secretive surveillance state, it was revealed that the government threatened to fine Yahoo $250,000 every day for failing to comply with the NSA’s mass data collection program known as PRISM. Meanwhile, AT&T has enjoyed a profitable and “extraordinary, decades-long” relationship with the NSA.

The technological future appears to pose even greater threats to what’s left of our Fourth Amendment rights, with advances in biometric identification and microchip implants on the horizon making it that much easier for the government to track not only our movements and cyber activities but our very cellular beings. Barclays has already begun using a finger-scanner as a form of two-step authentication to give select customers access to their accounts. Similarly, Motorola has been developing thin “digital tattoos” that will ensure that a phone’s owner is the only person who may unlock it. Not to be overlooked are the aerial spies—surveillance drones—about to take to the skies in coming years, as well as the Drive Smart programs that will spy on you (your speed, movements, passengers, etc.) while you travel the nation’s highways and byways.

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. That’s the crux of a case before the U.S. Supreme Court challenging the government’s use of asset forfeiture to strip American citizens of the funds needed to hire a defense attorney of their choosing.

The Seventh Amendment guarantees citizens the right to a jury trial. However, 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 it’s “we the people” who can and should be determining what laws are just, what activities are criminal and who can be jailed for what crimes.

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. For example, a California appeals court is being asked to consider “whether years of unpredictable delays from conviction to execution” constitute cruel and unusual punishment. For instance, although 900 individuals have been sentenced to death in California since 1978, only 13 have been executed. As CBS News reports, “More prisoners have died of natural causes on death row than have perished in the death chamber.”

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. Thus, once the government began violating the non-enumerated rights granted in the Ninth Amendment, it was only a matter of time before it began to trample the enumerated rights of the people, as explicitly spelled out in the rest of the Bill of Rights.

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. Indeed, the federal governmental bureaucracy has grown so large that it has made local and state legislatures relatively irrelevant. Through its many agencies and regulations, the federal government has stripped states of the right to regulate countless issues that were originally governed at the local level.

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, while reducing us to a system of slavery disguised as a democracy.

The film V for Vendetta is a powerful commentary on how totalitarian governments such as our own exploit fear and use mass surveillance, censorship, terrorism, and militarized tactics to control, oppress and enslave.

As the lead character V observes:

Where once you had the freedom to object, to think and speak as you saw fit, you now have censors and systems of surveillance coercing your conformity and soliciting your submission. How did this happen? Who’s to blame? Well certainly there are those more responsible than others, and they will be held accountable, but again truth be told, if you’re looking for the guilty, you need only look into a mirror. I know why you did it. I know you were afraid. Who wouldn’t be? War, terror, disease. There were a myriad of problems which conspired to corrupt your reason and rob you of your common sense. Fear got the best of you, and in your panic you turned to the now high chancellor, Adam Sutler. He promised you order, he promised you peace, and all he demanded in return was your silent, obedient consent.

How will you have it? Will you simply comply while the train heads down the track to a modern-day Auschwitz? Or will you become a free person and resist? To quote Patrick Henry, “Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! — I know not what course others may take; but as for me, give me liberty or give me death!”

“The Raping of America: Mile Markers on the Road to Fascism” by John W. Whitehead

Posted: August 24, 2015 in Uncategorized
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“Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed.”—Martin Luther King Jr.

There’s an ill will blowing across the country. The economy is tanking. The people are directionless, and politics provides no answer. And like former regimes, the militarized police have stepped up to provide a façade of law and order manifested by an overt violence against the citizenry.

Despite the revelations of the past several years, nothing has changed to push back against the American police state. Our freedoms—especially the Fourth Amendment—continue to be choked out by a prevailing view among government bureaucrats that they have the right to search, seize, strip, scan, spy on, probe, pat down, taser, and arrest any individual at any time and for the slightest provocation.

Despite the recent outrage and protests, nothing has changed to restore us to our rightful role as having dominion over our bodies, our lives and our property, especially when it comes to interactions with the government.

Forced cavity searches, forced colonoscopies, forced blood draws, forced breath-alcohol tests, forced DNA extractions, forced eye scans, forced inclusion in biometric databases—these are just a few ways in which Americans continue to be reminded that we have no control over what happens to our bodies during an encounter with government officials. Thus far, the courts have done little to preserve our Fourth Amendment rights, let alone what shreds of bodily integrity remain to us.

Indeed, on a daily basis, Americans are being forced to relinquish the most intimate details of who we are—our biological makeup, our genetic blueprints, and our biometrics (facial characteristics and structure, fingerprints, iris scans, etc.)—in order to clear the nearly insurmountable hurdle that increasingly defines life in the United States.

In other words, we are all guilty until proven innocent.

Worst of all, it seems as if nothing will change as long as the American people remain distracted by politics, divided by their own prejudices, and brainwashed into believing that the Constitution still reigns supreme as the law of the land, when in fact, we have almost completed the shift into fascism.

In other words, despite our occasional bursts of outrage over abusive police practices, sporadic calls for government reform, and periodic bouts of awareness that all is not what it seems, the police state continues to march steadily onward.

Such is life in America today that individuals are being threatened with arrest and carted off to jail for the least hint of noncompliance, homes are being raided by police under the slightest pretext, and roadside police stops have devolved into government-sanctioned exercises in humiliation and degradation with a complete disregard for privacy and human dignity.

Consider, for example, what happened to Charnesia Corley after allegedly being pulled over by Texas police for “rolling” through a stop sign. Claiming they smelled marijuana, police handcuffed Corley, placed her in the back of the police cruiser, and then searched her car for almost an hour. They found nothing in the car.

As the Houston Chronicle reported:

Returning to his car where Corley was held, the deputy again said he smelled marijuana and called in a female deputy to conduct a cavity search. When the female deputy arrived, she told Corley to pull her pants down, but Corley protested because she was cuffed and had no underwear on. The deputy ordered Corley to bend over, pulled down her pants and began to search her. Then…Corley stood up and protested, so the deputy threw her to the ground and restrained her while another female was called in to assist. When backup arrived, each deputy held one of Corley’s legs apart to conduct the probe.

As shocking and disturbing as it seems, Corley’s roadside cavity search is becoming par for the course in an age in which police are taught to have no respect for the citizenry’s bodily integrity.

For instance, 38-year-old Angel Dobbs and her 24-year-old niece, Ashley, were pulled over by a Texas state trooper on July 13, 2012, allegedly for flicking cigarette butts out of the car window. Insisting that he smelled marijuana, he proceeded to interrogate them and search the car. Despite the fact that both women denied smoking or possessing any marijuana, the police officer then called in a female trooper, who carried out a roadside cavity search, sticking her fingers into the older woman’s anus and vagina, then performing the same procedure on the younger woman, wearing the same pair of gloves. No marijuana was found.

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

Leila Tarantino was subjected to two roadside strip searches in plain view of passing traffic during a routine traffic stop, while her two children—ages 1 and 4—waited inside her car. During the second strip search, presumably in an effort to ferret out drugs, a female officer “forcibly removed” a tampon from Tarantino. Nothing illegal was found. Nevertheless, such searches have been sanctioned by the courts, especially if accompanied by a search warrant (which is easily procured), as justified in the government’s pursuit of drugs and weapons.

Meanwhile, four Milwaukee police officers were charged with carrying out rectal searches of suspects on the street and in police district stations over the course of several years. One of the officers was accused of conducting searches of men’s anal and scrotal areas, often inserting his fingers into their rectums and leaving some of his victims with bleeding rectums. Halfway across the country, the city of Oakland, California, agreed to pay $4.6 million to 39 men who had their pants pulled down by police on city streets between 2002 and 2009.

It’s gotten so bad that you don’t even have to be suspected of possessing drugs to be subjected to a strip search.

In the wake of the U.S. Supreme Court’s ruling in Florence v. Burlington, any person who is arrested and processed at a jail house, regardless of the severity of his or her offense (i.e., they can be guilty of nothing more than a minor traffic offense), can be subjected to a strip search by police or jail officials without reasonable suspicion that the arrestee is carrying a weapon or contraband.

Examples of minor infractions which have resulted in strip searches include: individuals arrested for driving with a noisy muffler, driving with an inoperable headlight, failing to use a turn signal, riding a bicycle without an audible bell, making an improper left turn, engaging in an antiwar demonstration (the individual searched was a nun, a Sister of Divine Providence for 50 years). Police have also carried out strip searches for passing a bad check, dog leash violations, filing a false police report, failing to produce a driver’s license after making an illegal left turn, having outstanding parking tickets, and public intoxication. A failure to pay child support can also result in a strip search.

It must be remembered that the Fourth Amendment to the U.S. Constitution was intended to prevent government agents from searching an individual’s person or property without a warrant and probable cause (evidence that some kind of criminal activity was afoot). While the literal purpose of the amendment is to protect our property and our bodies from unwarranted government intrusion, the moral intention behind it is to protect our human dignity.

Unfortunately, the indignities being heaped upon us by the architects and agents of the American police state—whether or not we’ve done anything wrong—don’t end with roadside strip searches. They’re just a foretaste of what is to come.

Battlefield_Cover_300As I make clear in my book Battlefield America: The War on the American People, the government doesn’t need to strip you naked by the side of the road in order to render you helpless. It has other methods, less subtle perhaps but equally humiliating, devastating and mind-altering, of stripping you of your independence, robbing you of your dignity, and undermining your rights.

With every court ruling that allows the government to operate above the rule of law, every piece of legislation that limits our freedoms, and every act of government wrongdoing that goes unpunished, we’re slowly being conditioned to a society in which we have little real control over our lives. As Rod Serling, creator of the Twilight Zone and an insightful commentator on human nature, once observed, “We’re developing a new citizenry. One that will be very selective about cereals and automobiles, but won’t be able to think.”

Indeed, not only are we developing a new citizenry incapable of thinking for themselves, we’re also instilling in them a complete and utter reliance on the government and its corporate partners to do everything for them—tell them what to eat, what to wear, how to think, what to believe, how long to sleep, who to vote for, whom to associate with, and on and on.

In this way, we have created a welfare state, a nanny state, a police state, a surveillance state, an electronic concentration camp—call it what you will, the meaning is the same: in our quest for less personal responsibility, a greater sense of security, and no burdensome obligations to each other or to future generations, we have created a society in which we have no true freedom.

Government surveillance, police abuse, SWAT team raids, economic instability, asset forfeiture schemes, pork barrel legislation, militarized police, drones, endless wars, private prisons, involuntary detentions, biometrics databases, free speech zones, etc.: these are mile markers on the road to a fascist state where citizens are treated like cattle, to be branded and eventually led to the slaughterhouse.

If there is any hope to be found it will be found in local, grassroots activism. In the words of Martin Luther King Jr., it’s time for “militant nonviolent resistance.”

First, however, Americans must break free of the apathy-inducing turpor of politics, entertainment spectacles and manufactured news. Only once we are free of the chains that bind us—or to be more exact, the chains that “blind” us—can we become actively aware of the injustices taking place around us and demand freedom of our oppressors.

They Live, We Sleep: A Dictatorship Disguised as a Democracy

Posted: August 4, 2015 in Uncategorized
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“You see them on the street. You watch them on TV. You might even vote for one this fall. You think they’re people just like you. You’re wrong. Dead wrong.”—They Live

We’re living in two worlds, you and I.

There’s the world we see (or are made to see) and then there’s the one we sense (and occasionally catch a glimpse of), the latter of which is a far cry from the propaganda-driven reality manufactured by the government and its corporate sponsors, including the media.

Indeed, what most Americans perceive as life in America—privileged, progressive and free—is a far cry from reality, where economic inequality is growing, real agendas and real power are buried beneath layers of Orwellian doublespeak and corporate obfuscation, and “freedom,” such that it is, is meted out in small, legalistic doses by militarized police armed to the teeth.

All is not as it seems.

This is the premise of John Carpenter’s film They Live (1988), in which two migrant workers discover that the world’s population is actually being controlled and exploited by aliens working in partnership with an oligarchic elite. All the while, the populace—blissfully unaware of the real agenda at work in their lives—has been lulled into complacency, indoctrinated into compliance, bombarded with media distractions, and hypnotized by subliminal messages beamed out of television and various electronic devices, billboards and the like.

It is only when homeless drifter John Nada (played to the hilt by the late Roddy Piper) discovers a pair of doctored sunglasses—Hoffman lenses—that Nada sees what lies beneath the elite’s fabricated reality: control and bondage.

When viewed through the lens of truth, the elite, who appear human until stripped of their disguises, are shown to be monsters who have enslaved the citizenry in order to prey on them. Likewise, billboards blare out hidden, authoritative messages: a bikini-clad woman in one ad is actually ordering viewers to “MARRY AND REPRODUCE.” Magazine racks scream “CONSUME” and “OBEY.” A wad of dollar bills in a vendor’s hand proclaims, “THIS IS YOUR GOD.”

When viewed through Nada’s Hoffman lenses, some of the other hidden messages being drummed into the people’s subconscious include: NO INDEPENDENT THOUGHT, CONFORM, SUBMIT, STAY ASLEEP, BUY, WATCH TV, NO IMAGINATION, and DO NOT QUESTION AUTHORITY.

This indoctrination campaign engineered by the elite in They Live is painfully familiar to anyone who has studied the decline of American culture. A citizenry that does not think for themselves, obeys without question, is submissive, does not challenge authority, does not think outside the box, and is content to sit back and be entertained is a citizenry that can be easily controlled.

In this way, the subtle message of They Live provides an apt analogy of our own distorted vision of life in the American police state, what philosopher Slavoj Žižek refers to as dictatorship in democracy, “the invisible order which sustains your apparent freedom.”

We’re being fed a series of carefully contrived fictions that bear no resemblance to reality. 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. They want us distrustful of each other, divided by our prejudices, and at each other’s throats. Most of all, they want us to continue to march in lockstep with their dictates.

Tune out the government’s attempts to distract, divert and befuddle us and tune into what’s really going on in this country, and you’ll run headlong into an unmistakable, unpalatable truth: the moneyed elite who rule us view us as expendable resources to be used, abused and discarded.

In fact, a 2014 study conducted by Princeton and Northwestern University concluded that the U.S. government does not represent the majority of American citizens. Instead, the study found that the government is ruled by the rich and powerful, or the so-called “economic elite.” Moreover, the researchers concluded that policies enacted by this governmental elite nearly always favor special interests and lobbying groups.

In other words, we are being ruled by an oligarchy disguised as a democracy, and arguably on our way towards fascism—a form of government where private corporate interests rule, money calls the shots, and the people are seen as mere subjects to be controlled.

Consider this: it is estimated that the 2016 presidential election could cost as much as $5 billion, more than double what was spent getting Obama re-elected in 2012.

Not only do you have to be rich—or beholden to the rich—to get elected these days, but getting elected is also a surefire way to get rich. As CBS News reports, “Once in office, members of Congress enjoy access to connections and information they can use to increase their wealth, in ways that are unparalleled in the private sector. And once politicians leave office, their connections allow them to profit even further.”

In denouncing this blatant corruption of America’s political system, former president Jimmy Carter blasted the process of getting elected—to the White House, governor’s mansion, Congress or state legislatures—as “unlimited political bribery… a subversion of our political system as a payoff to major contributors, who want and expect, and sometimes get, favors for themselves after the election is over.”

Battlefield_Cover_300Rest assured that when and if fascism finally takes hold in America, the basic forms of government will remain. As I point out in my book Battlefield America: The War on the American People, fascism will appear to be friendly. The legislators will be in session. There will be elections, and the news media will continue to cover the entertainment and political trivia. Consent of the governed, however, will no longer apply. Actual control will have finally passed to the oligarchic elite controlling the government behind the scenes.

By creating the illusion that it preserves democratic traditions, fascism creeps slowly until it consumes the political system. And in times of “crisis,” expediency is upheld as the central principle—that is, in order to keep us safe and secure, the government must militarize the police, strip us of basic constitutional rights, criminalize virtually every form of behavior, and build enough private prisons to house all of us nonviolent criminals.

Clearly, we are now ruled by an oligarchic elite of governmental and corporate interests. We have moved into “corporatism” (favored by Benito Mussolini), which is a halfway point on the road to full-blown fascism.

Vast sectors of the economy, government and politics are managed by private business concerns, otherwise referred to as “privatization” by various government politicians. Just study modern government policies. “Every industry is regulated. Every profession is classified and organized,” writes economic analyst Jeffrey Tucker. “Every good or service is taxed. Endless debt accumulation is preserved. Immense doesn’t begin to describe the bureaucracy. Military preparedness never stops, and war with some evil foreign foe, remains a daily prospect.”

In other words, the government in America today does whatever it wants.

Corporatism is where the few moneyed interests—not elected by the citizenry—rule over the many. In this way, it is not a democracy or a republican form of government, which is what the American government was established to be. It is a top-down form of government and one which has a terrifying history typified by the developments that occurred in totalitarian regimes of the past: police states where everyone is watched and spied on, rounded up for minor infractions by government agents, placed under police control, and placed in detention (a.k.a. concentration) camps.

For the final hammer of fascism to fall, it will require the most crucial ingredient: the majority of the people will have to agree that it’s not only expedient but necessary. But why would a people agree to such an oppressive regime? The answer is the same in every age: fear.

Fear makes people stupid.

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

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

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

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

In this regard, we’re not so different from the oppressed citizens in They Live. Most everyone keeps their heads down these days while staring zombie-like into an electronic screen, even when they’re crossing the street. Families sit in restaurants with their heads down, separated by their screen devices and unaware of what’s going on around them. Young people especially seem dominated by the devices they hold in their hands, oblivious to the fact that they can simply push a button, turn the thing off and walk away.

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

The question, of course, is what effect does such screen consumption have on one’s mind?

Psychologically it is similar to drug addiction. Researchers found that “almost immediately after turning on the TV, subjects reported feeling more relaxed, and because this occurs so quickly and the tension returns so rapidly after the TV is turned off, people are conditioned to associate TV viewing with a lack of tension.” Research also shows that regardless of the programming, viewers’ brain waves slow down, thus transforming them into a more passive, nonresistant state.

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

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

If we’re watching, we’re not doing.

The powers-that-be understand this. As television journalist Edward R. Murrow warned in a 1958 speech:

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

This brings me back to They Live, in which the real zombies are not the aliens calling the shots but the populace who are content to remain controlled.

When all is said and done, the world of They Live is not so different from our own. As one of the characters points out, “The poor and the underclass are growing. Racial justice and human rights are nonexistent. They have created a repressive society and we are their unwitting accomplices. Their intention to rule rests with the annihilation of consciousness. We have been lulled into a trance. They have made us indifferent to ourselves, to others. We are focused only on our own gain.”

We, too, are focused only on our own pleasures, prejudices and gains. Our poor and underclasses are also growing. Racial injustice is growing. Human rights is nearly nonexistent. We too have been lulled into a trance, indifferent to others.

Oblivious to what lies ahead, we’ve been manipulated into believing that if we continue to consume, obey, and have faith, things will work out. But that’s never been true of emerging regimes. And by the time we feel the hammer coming down upon us, it will be too late.

Drivers, Beware: The Costly, Deadly Dangers of Traffic Stops in the American Police State

Posted: July 28, 2015 in Uncategorized
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“The Fourth Amendment was designed to stand between us and arbitrary governmental authority. For all practical purposes, that shield has been shattered, leaving our liberty and personal integrity subject to the whim of every cop on the beat, trooper on the highway and jail official. The framers would be appalled.”—Herman Schwartz, The Nation

Trying to predict the outcome of any encounter with the police is a bit like playing Russian roulette: most of the time you will emerge relatively unscathed, although decidedly poorer and less secure about your rights, but there’s always the chance that an encounter will turn deadly.

The odds weren’t in Walter L. Scott’s favor. Reportedly pulled over for a broken taillight, Scott—unarmed—ran away from the police officer, who pursued and shot him from behind, first with a Taser, then with a gun. Scott was struck five times, “three times in the back, once in the upper buttocks and once in the ear — with at least one bullet entering his heart.”

Samuel Dubose, also unarmed, was pulled over for a missing front license plate. He was reportedly shot in the head after a brief struggle in which his car began rolling forward.

Levar Jones was stopped for a seatbelt offense, just as he was getting out of his car to enter a convenience store. Directed to show his license, Jones leaned into his car to get his wallet, only to be shot four times by the “fearful” officer. Jones was also unarmed.

Bobby Canipe was pulled over for having an expired registration. When the 70-year-old reached into the back of his truck for his walking cane, the officer fired several shots at him, hitting him once in the abdomen.

Dontrell Stevens was stopped “for not bicycling properly.” The officer pursuing him “thought the way Stephens rode his bike was suspicious. He thought the way Stephens got off his bike was suspicious.” Four seconds later, sheriff’s deputy Adams Lin shot Stephens four times as he pulled out a black object from his waistband. The object was his cell phone. Stephens was unarmed.

If there is any lesson to be learned from these “routine” traffic stops, it is that drivers should beware.

At a time when police can do no wrong—at least in the eyes of the courts, police unions and politicians dependent on their votes—and a “fear” for officer safety is used to justify all manner of police misconduct, “we the people” are at a severe disadvantage.

According to the Justice Department, the most common reason for a citizen to come into contact with the police is being a driver in a traffic stop. On average, one in 10 Americans gets pulled over by police. Black drivers are 31 percent more likely to be pulled over than white drivers, or about 23 percent more likely than Hispanic drivers. As the Washington Post concludes, “‘Driving while black’ is, indeed, a measurable phenomenon.”

As Sandra Bland learned the hard way, the reason for a traffic stop no longer matters. Bland, who was pulled over for allegedly failing to use her turn signal, was arrested after refusing to comply with the police officer’s order to extinguish her cigarette and exit her vehicle. The encounter escalated, with the officer threatening to “light” Bland up with his taser. Three days later, Bland was found dead in her jail cell.

“You’re doing all of this for a failure to signal?” Bland asked as she got out of her car, after having been yelled at and threatened repeatedly. Had she only known, drivers have been pulled over for far less. Indeed, police officers have been given free range to pull anyone over for a variety of reasons.

This approach to traffic stops (what I would call “blank check policing,” in which the police get to call all of the shots) has resulted in drivers being stopped for windows that are too heavily tinted, for driving too fast, driving too slow, failing to maintain speed, following too closely, improper lane changes, distracted driving, screeching a car’s tires, and leaving a parked car door open for too long.

Motorists can also be stopped by police for driving near a bar or on a road that has large amounts of drunk driving, driving a certain make of car (Mercedes, Grand Prix and Hummers are among the most ticketed vehicles), having anything dangling from the rearview mirror (air fresheners, handicap parking permits, troll transponders or rosaries), and displaying pro-police bumper stickers.

Incredibly, a federal appeals court actually ruled unanimously in 2014 that acne scars and driving with a stiff upright posture are reasonable grounds for being pulled over. More recently, the Fifth Circuit Court of Appeals ruled that driving a vehicle that has a couple air fresheners, rosaries and pro-police bumper stickers at 2 MPH over the speed limit is suspicious, meriting a traffic stop.

Unfortunately for drivers, not only have traffic stops become potentially deadly encounters, they have also turned into a profitable form of highway robbery for the police departments involved.

As The Washington Post reports, “traffic stops for minor infractions such as speeding or equipment violations are increasingly used as a pretext for officers to seize cash from drivers.” Relying on federal and state asset forfeiture laws, police set up “stings” on public roads that enable them to stop drivers for a variety of so-called “suspicious” behavior, search their vehicles and seize anything of value that could be suspected of being connected to criminal activity. Since 2001, police have seized $2.5 billion from people who were not charged with a crime and without a warrant being issued.

“In case after case,” notes The Washington Post, “highway interdictors appeared to follow a similar script. Police set up what amounted to rolling checkpoints on busy highways and pulled over motorists for minor violations, such as following too closely or improper signaling. They quickly issued warnings or tickets. They studied drivers for signs of nervousness, including pulsing carotid arteries, clenched jaws and perspiration. They also looked for supposed ‘indicators’ of criminal activity, which can include such things as trash on the floor of a vehicle, abundant energy drinks or air fresheners hanging from rearview mirrors.”

If you’re starting to feel somewhat overwhelmed, intimidated and fearful for your life and your property, you should be. Never before have “we the people” been so seemingly defenseless in the face of police misconduct, lacking advocates in the courts and in the legislatures.

So how do you survive a police encounter with your life and wallet intact?

The courts have already given police the green light to pull anyone over for a variety of reasons. In an 8-1 ruling in Heien v. North Carolina, the U.S. Supreme Court affirmed that police officers can pull someone over based on a “reasonable” but mistaken belief about the law.

Of course, what’s reasonable to agents of the police state may be completely unreasonable to the populace. Nevertheless, the moment those lights start flashing and that siren goes off, we’re all in the same boat: we must pull over.

However, it’s what happens after you’ve been pulled over that’s critical. Survival is the key.

Technically, you have the right to remain silent (beyond the basic requirement to identify yourself and show your registration). You have the right to refuse to have your vehicle searched. You have the right to film your interaction with police. You have the right to ask to leave. You also have the right to resist an unlawful order such as a police officer directing you to extinguish your cigarette, put away your phone or stop recording them.

However, as Bland learned the hard way, there is a price for asserting one’s rights. “Faced with an authority figure unwilling to de-escalate the situation, Bland refused to be bullied or intimidated,” writes Boston Globe contributor Renee Graham. “She understood her rights, but for African-Americans in encounters with police, the appalling price for asserting even the most basic rights can be their lives.”

So if you don’t want to get probed, poked, pinched, tasered, tackled, searched, seized, stripped, manhandled, arrested, shot, or killed, don’t say, do or even suggest anything that even hints of noncompliance when it comes to interactions with police.

One police officer advised that if you feel as if you’re being treated unfairly, comply anyhow and contest it in court later. Similarly, black parents, advising their kids on how to deal with police, tell them to just obey the officer’s orders. “The goal,” as one parent pointed out, “is to stay alive.”

It seems that “comply or die” has become the new maxim for the American police state.

Then again, not even compliance is a guarantee of safety anymore. “Police are specialists in violence,” warns Kristian Williams, who has written extensively on the phenomenon of police militarization and brutality. “They are armed, trained, and authorized to use force. With varying degrees of subtlety, this colors their every action. Like the possibility of arrest, the threat of violence is implicit in every police encounter. Violence, as well as the law, is what they represent.”

In other words, in the American police state, “we the people” are at the mercy of law enforcement officers who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect.”

Battlefield_Cover_300As I point out in my book Battlefield America: The War on the American People, this mindset that any challenge to police authority is a threat that needs to be “neutralized” is a dangerous one that is part of a greater nationwide trend that sets the police beyond the reach of the Fourth Amendment. Moreover, when police officers are allowed to operate under the assumption that their word is law and that there is no room for any form of disagreement or even question, that serves to chill the First Amendment’s assurances of free speech, free assembly and the right to petition the government for a redress of grievances.

Frankly, it doesn’t matter whether it’s a casual “show your ID” request on a boardwalk, a stop-and-frisk search on a city street, or a traffic stop for speeding or just to check your insurance. If you feel like you can’t walk away from a police encounter of your own volition—and more often than not you can’t, especially when you’re being confronted by someone armed to the hilt with all manner of militarized weaponry and gear—then for all intents and purposes, you’re under arrest from the moment a cop stops you.

Sad, isn’t it, how quickly we have gone from a nation of laws—where the least among us had just as much right to be treated with dignity and respect as the next person (in principle, at least)—to a nation of law enforcers (revenue collectors with weapons) who treat us all like suspects and criminals?

Clearly, the language of freedom is no longer the common tongue spoken by the citizenry and their government. With the government having shifted into a language of force, “we the people” have been reduced to suspects in a surveillance state, criminals in a police state, and enemy combatants in a military empire.

The American Nightmare: The Tyranny of the Criminal Justice System

Posted: July 21, 2015 in Uncategorized
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How can the life of such a man

Be in the palm of some fool’s hand?

To see him obviously framed

Couldn’t help but make me feel ashamed to live in a land

Where justice is a game.—Bob Dylan, “Hurricane”

 

 

Justice in America is not all it’s cracked up to be.

Just ask Jeffrey Deskovic, who spent 16 years in prison for a rape and murder he did not commit. Despite the fact that Deskovic’s DNA did not match what was found at the murder scene, he was singled out by police as a suspect because he wept at the victim’s funeral (he was 16 years old at the time), then badgered over the course of two months into confessing his guilt. He was eventually paid $6.5 million in reparation.

James Bain spent 35 years in prison for the kidnapping and rape of a 9-year-old boy, but he too was innocent of the crime. Despite the fact that the prosecutor’s case was flimsy—it hinged on the similarity of Bain’s first name to the rapist’s, Bain’s ownership of a red motorcycle, and a misidentification of Bain in a lineup by a hysterical 9-year-old boy—Bain was sentenced to life in prison. He was finally freed after DNA testing proved his innocence, and was paid $1.7 million.

Mark Weiner got off relatively easy when you compare his experience to the thousands of individuals who are spending lifetimes behind bars for crimes they did not commit.

Weiner was wrongfully arrested, convicted, and jailed for more than two years for a crime he too did not commit. In his case, a young woman claimed Weiner had abducted her, knocked her out and then sent taunting text messages to her boyfriend about his plans to rape her. Despite the fact that cell phone signals, eyewitness accounts and expert testimony indicated the young woman had fabricated the entire incident, the prosecutor and judge repeatedly rejected any evidence contradicting the woman’s far-fetched account, sentencing Weiner to eight more years in jail. Weiner was only released after his accuser was caught selling cocaine to undercover cops.

In the meantime, Weiner lost his job, his home, and his savings, and time with his wife and young son. As Slate journalist Dahlia Lithwick warned, “If anyone suggests that the fact that Mark Weiner was released this week means ‘the system works,’ I fear that I will have to punch him in the neck. Because at every single turn, the system that should have worked to consider proof of Weiner’s innocence failed him.”

The system that should have worked didn’t, because the system is broken, almost beyond repair.

In courtroom thrillers like 12 Angry Men and To Kill a Mockingbird, justice is served in the end because someone—whether it’s Juror #8 or Atticus Finch—chooses to stand on principle and challenge wrongdoing, and truth wins.

Unfortunately, in the real world, justice is harder to come by, fairness is almost unheard of, and truth rarely wins.

On paper, you may be innocent until proven guilty, but in actuality, you’ve already been tried, found guilty and convicted by police officers, prosecutors and judges long before you ever appear in a courtroom.

Chronic injustice has turned the American dream into a nightmare.

At every step along the way, whether it’s encounters with the police, dealings with prosecutors, hearings in court before judges and juries, or jail terms in one of the nation’s many prisons, the system is riddled with corruption, abuse and an appalling disregard for the rights of the citizenry.

Due process rights afforded to a person accused of a crime—the right to remain silent, the right to be informed of the charges against you, the right to representation by counsel, the right to a fair trial, the right to a speedy trial, the right to prove your innocence with witnesses and evidence, the right to a reasonable bail, the right to not languish in jail before being tried, the right to confront your accusers, etc.—mean nothing when the government is allowed to sidestep those safeguards against abuse whenever convenient.

It’s telling that while President Obama said all the right things about the broken state of our criminal justice system—that we jail too many Americans for nonviolent crimes (we make up 5 percent of the world’s population, but our prison population constitutes nearly 25% of the world’s prisoners), that we spend more money on incarceration than any other nation ($80 billion a year), that we sentence people for longer jail terms than their crimes merit, that our criminal justice system is far from color-blind, that the nation’s school-to-prison pipeline is contributing to overcrowded jails, and that we need to focus on rehabilitation of criminals rather than retribution—he failed to own up to the government’s major role in contributing to this injustice in America.

Indeed, while Obama placed the responsibility for reform squarely in the hands of prosecutors, judges and police, he failed to acknowledge that they bear the burden of our failed justice system, along with the legislatures and corporations who have worked with them to create an environment that is hostile to the rights of the accused.

In such a climate, we are all the accused, the guilty and the suspect.

Battlefield_Cover_300As I document in my book Battlefield America: The War on the American People, we’re operating in a new paradigm where the citizenry are presumed guilty and treated as suspects, our movements tracked, our communications monitored, our property seized and searched, our bodily integrity disregarded, and our inalienable rights to “life, liberty and the pursuit of happiness” rendered insignificant when measured against the government’s priorities.

Every American is now in jeopardy of being targeted and punished for a crime he did not commit thanks to an overabundance of arcane laws. Making matters worse, by allowing government agents to operate above the law, immune from wrongdoing, we have created a situation in which the law is one-sided and top-down, used as a hammer to oppress the populace, while useless in protecting us against government abuse.

Add to the mix a profit-driven system of incarceration in which state and federal governments agree to keep the jails full in exchange for having private corporations run the prisons, and you will find the only word to describe such a state of abject corruption is “evil.”

How else do you explain a system that allows police officers to shoot first and ask questions later, without any real consequences for their misdeeds? Despite the initial outcry over the shootings of unarmed individuals in Ferguson and Baltimore, the pace of police shootings has yet to slow. In fact, close to 400 people were shot and killed by police nationwide in the first half of 2015, almost two shootings a day. Those are just the shootings that were tracked. Of those killed, almost 1 in 6 were either unarmed or carried a toy gun.

For those who survive an encounter with the police only to end up on the inside of a jail cell, waiting for a “fair and speedy trial,” it’s often a long wait. Consider that 60 percent of the people in the nation’s jails have yet to be convicted of a crime. There are 2.3 million people in jails or prisons in America. Those who can’t afford bail, “some of them innocent, most of them nonviolent and a vast majority of them impoverished,” will spend about four months in jail before they even get a trial.

Not even that promised “day in court” is a guarantee that justice will be served.

As Judge Alex Kozinski of the Ninth Circuit Court of Appeals points out, there are an endless number of factors that can render an innocent man or woman a criminal and caged for life: unreliable eyewitnesses, fallible forensic evidence, flawed memories, coerced confessions, harsh interrogation tactics, uninformed jurors, prosecutorial misconduct, falsified evidence, and overly harsh sentences, to name just a few.

In early 2015, the Justice Department and FBI “formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period…. The admissions mark a watershed in one of the country’s largest forensic scandals, highlighting the failure of the nation’s courts for decades to keep bogus scientific information from juries, legal analysts said.”

“How do rogue forensic scientists and other bad cops thrive in our criminal justice system?” asks Judge Kozinski. “The simple answer is that some prosecutors turn a blind eye to such misconduct because they’re more interested in gaining a conviction than achieving a just result.”

The power of prosecutors is not to be underestimated.

Increasingly, when we talk about innocent people being jailed for crimes they did not commit, the prosecutor plays a critical role in bringing about that injustice. As The Washington Post reports, “Prosecutors win 95 percent of their cases, 90 percent of them without ever having to go to trial…. Are American prosecutors that much better? No… it is because of the plea bargain, a system of bullying and intimidation by government lawyers for which they ‘would be disbarred in most other serious countries….’”

This phenomenon of innocent people pleading guilty makes a mockery of everything the criminal justice system is supposed to stand for: fairness, equality and justice. As Judge Jed S. Rakoff concludes, “our criminal justice system is almost exclusively a system of plea bargaining, negotiated behind closed doors and with no judicial oversight. The outcome is very largely determined by the prosecutor alone.”

It’s estimated that between 2 and 8 percent of convicted felons who have agreed to a prosecutor’s plea bargain (remember, there are 2.3 million prisoners in America) are in prison for crimes they did not commit.

Clearly, the Coalition for Public Safety was right when it concluded, “You don’t need to be a criminal to have your life destroyed by the U.S. criminal justice system.”

It wasn’t always this way. As Judge Rakoff recounts, the Founding Fathers envisioned a criminal justice system in which the critical element “was the jury trial, which served not only as a truth-seeking mechanism and a means of achieving fairness, but also as a shield against tyranny.”

That shield against tyranny has long since been shattered, leaving Americans vulnerable to the cruelties, vanities, errors, ambitions and greed of the government and its partners in crime.

There is not enough money in the world to make reparation to those whose lives have been disrupted by wrongful convictions.

Over the past quarter century, more than 1500 Americans have been released from prison after being cleared of crimes they did not commit. These are the fortunate ones. For every exonerated convict who is able to prove his innocence after 10, 20 or 30 years behind bars, Judge Kozinski estimates there may be dozens who are innocent but cannot prove it, lacking access to lawyers, evidence, money and avenues of appeal.

For those who have yet to fully experience the injustice of the American system of justice, it’s only a matter of time.

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

Without courts willing to uphold the Constitution’s provisions when government officials disregard them, and a citizenry knowledgeable enough to be outraged when those provisions are undermined, the Constitution provides little protection against the police state.

In other words, in this age of hollow justice, courts of order, and government-sanctioned tyranny, the Constitution is no safeguard against government wrongdoing such as SWAT team raids, domestic surveillance, police shootings of unarmed citizens, indefinite detentions, asset forfeitures, prosecutorial misconduct and the like.

Freedom or the Slaughterhouse? The American Police State from A to Z

Posted: July 15, 2015 in Uncategorized
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“Who needs direct repression when one can convince the chicken to walk freely into the slaughterhouse?”—Philosopher Slavoj Žižek

Despite the best efforts of some to sound the alarm, the nation is being locked down into a militarized, mechanized, hypersensitive, legalistic, self-righteous, goose-stepping antithesis of every principle upon which this nation was founded.

All the while, the nation’s citizens seem content to buy into a carefully constructed, benevolent vision of life in America that bears little resemblance to the gritty, pain-etched reality that plagues those unfortunate enough to not belong to the rarefied elite.

For those whose minds have been short-circuited into believing the candy-coated propaganda peddled by the politicians, here is an A-to-Z, back-to-the-basics primer of what life in the United States of America is really all about.

A is for the AMERICAN POLICE STATE. As I point out in my book Battlefield America: The War on the American People, a police state “is characterized by bureaucracy, secrecy, perpetual wars, a nation of suspects, militarization, surveillance, widespread police presence, and a citizenry with little recourse against police actions.”

B is for our battered BILL OF RIGHTS. In the cop culture that is America today, where you can be kicked, punched, tasered, shot, intimidated, harassed, stripped, searched, brutalized, terrorized, wrongfully arrested, and even killed by a police officer, and that officer is rarely held accountable for violating your rights, the Bill of Rights doesn’t amount to much.

C is for CIVIL ASSET FORFEITURE. The latest governmental scheme to deprive Americans of their liberties—namely, the right to property—is being carried out under the guise of civil asset forfeiture, a government practice wherein government agents (usually the police) seize private property they “suspect” may be connected to criminal activity. Then, whether or not any crime is actually proven to have taken place, the government keeps the citizen’s property.

D is for DRONES. It is estimated that at least 30,000 drones will be airborne in American airspace by 2020, part of an $80 billion industry. Although some drones will be used for benevolent purposes, many will also be equipped with lasers, tasers and scanning devices, among other weapons.

E is for ELECTRONIC CONCENTRATION CAMP. In the electronic concentration camp, as I have dubbed the surveillance state, all aspects of a person’s life are policed by government agents and all citizens are suspects, their activities monitored and regulated, their movements tracked, their communications spied upon, and their lives, liberties and pursuit of happiness dependent on the government’s say-so.

F is for FUSION CENTERS. Fusion centers, data collecting agencies spread throughout the country and aided by the National Security Agency, serve as a clearinghouse for information shared between state, local and federal agencies. These fusion centers constantly monitor our communications, everything from our internet activity and web searches to text messages, phone calls and emails. This data is then fed to government agencies, which are now interconnected: the CIA to the FBI, the FBI to local police.

G is for GRENADE LAUNCHERS. The federal government has distributed more than $18 billion worth of battlefield-appropriate military weapons, vehicles and equipment such as drones, tanks, and grenade launchers to domestic police departments across the country. As a result, most small-town police forces now have enough firepower to render any citizen resistance futile.

H is for HOLLOW-POINT BULLETS. The government’s efforts to militarize and weaponize its agencies and employees is reaching epic proportions, with federal agencies as varied as the Department of Homeland Security and the Social Security Administration stockpiling millions of lethal hollow-point bullets, which violate international law. Ironically, while the government continues to push for stricter gun laws for the general populace, the U.S. military’s arsenal of weapons makes the average American’s handgun look like a Tinker Toy.

I is for the INTERNET OF THINGS, in which internet-connected “things” will monitor your home, your health and your habits in order to keep your pantry stocked, your utilities regulated and your life under control and relatively worry-free. The key word here, however, is control. This “connected” industry propels us closer to a future where police agencies apprehend virtually anyone if the government “thinks” they may commit a crime, driverless cars populate the highways, and a person’s biometrics are constantly scanned and used to track their movements, target them for advertising, and keep them under perpetual surveillance.

J is for JAILING FOR PROFIT. Having outsourced their inmate population to private prisons run by private corporations, this profit-driven form of mass punishment has given rise to a $70 billion private prison industry that relies on the complicity of state governments to keep their privately run prisons full by jailing large numbers of Americans for inane crimes.

K is for KENTUCKY V. KING. In an 8-1 ruling, the Supreme Court ruled that police officers can break into homes, without a warrant, even if it’s the wrong home as long as they think they have a reason to do so. Despite the fact that the police in question ended up pursuing the wrong suspect, invaded the wrong apartment and violated just about every tenet that stands between us and a police state, the Court sanctioned the warrantless raid, leaving Americans with little real protection in the face of all manner of abuses by law enforcement officials.

L is for LICENSE PLATE READERS, which enable law enforcement and private agencies to track the whereabouts of vehicles, and their occupants, all across the country. This data collected on tens of thousands of innocent people is also being shared between police agencies, as well as with fusion centers and private companies.

M is for MAIN CORE. Since the 1980s, the U.S. government has acquired and maintained, without warrant or court order, a database of names and information on Americans considered to be threats to the nation. As Salon reports, this database, reportedly dubbed “Main Core,” is to be used by the Army and FEMA in times of national emergency or under martial law to locate and round up Americans seen as threats to national security. As of 2008, there were some 8 million Americans in the Main Core database.

N is for NO-KNOCK RAIDS. Owing to the militarization of the nation’s police forces, SWAT teams are now increasingly being deployed for routine police matters. In fact, more than 80,000 of these paramilitary raids are carried out every year. That translates to more than 200 SWAT team raids every day in which police crash through doors, damage private property, terrorize adults and children alike, kill family pets, assault or shoot anyone that is perceived as threatening—and all in the pursuit of someone merely suspected of a crime, usually some small amount of drugs.

O is for OVERCRIMINALIZATION. Thanks to an overabundance of 4500-plus federal crimes and 400,000 plus rules and regulations, it’s estimated that the average American actually commits three felonies a day without knowing it. As a result of this overcriminalization, we’re seeing an uptick in Americans being arrested and jailed for such absurd “violations” as letting their kids play at a park unsupervised, collecting rainwater and snow runoff on their own property, growing vegetables in their yard, and holding Bible studies in their living room.

P is for PATHOCRACY. When our own government treats us as things to be manipulated, maneuvered, mined for data, manhandled by police, mistreated, and then jailed in profit-driven private prisons if we dare step out of line, we are no longer operating under a constitutional republic. Instead, what we are experiencing is a pathocracy: tyranny at the hands of a psychopathic government, which “operates against the interests of its own people except for favoring certain groups.”

Q is for QUALIFIED IMMUNITY. Qualified immunity allows officers to walk away without paying a dime for their wrongdoing. Conveniently, those deciding whether a police officer should be immune from having to personally pay for misbehavior on the job all belong to the same system, all cronies with a vested interest in protecting the police and their infamous code of silence: city and county attorneys, police commissioners, city councils and judges.

R is for ROADSIDE STRIP SEARCHES and BLOOD DRAWS. The courts have increasingly erred on the side of giving government officials—especially the police—vast discretion in carrying out strip searches, blood draws and even anal probes for a broad range of violations, no matter how minor the offense. In the past, strip searches were resorted to only in exceptional circumstances where police were confident that a serious crime was in progress. In recent years, however, strip searches have become routine operating procedures in which everyone is rendered a suspect and, as such, is subjected to treatment once reserved for only the most serious of criminals.

S is for the SURVEILLANCE STATE. On any given day, the average American going about his daily business will be monitored, surveilled, spied on and tracked in more than 20 different ways, by both government and corporate eyes and ears. A byproduct of this new 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, whether the NSA or some other entity, 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.

T is for TASERS. Nonlethal weapons such as tasers, stun guns, rubber pellets and the like, have resulted in police using them as weapons of compliance more often and with less restraint—even against women and children—and in some instances, even causing death. These “nonlethal” weapons also enable police to aggress with the push of a button, making the potential for overblown confrontations over minor incidents that much more likely. A Taser Shockwave, for instance, can electrocute a crowd of people at the touch of a button.

U is for UNARMED CITIZENS SHOT BY POLICE. No longer is it unusual to hear about incidents in which police shoot unarmed individuals first and ask questions later, often attributed to a fear for their safety. Yet the fatality rate of on-duty patrol officers is reportedly far lower than many other professions, including construction, logging, fishing, truck driving, and even trash collection.

V is for VIPR SQUADS. So-called “soft target” security inspections, carried out by roving VIPR task forces, comprised of federal air marshals, surface transportation security inspectors, transportation security officers, behavior detection officers and explosive detection canine teams, are taking place whenever and wherever the government deems appropriate, at random times and places, and without needing the justification of a particular threat.

W is for WHOLE-BODY SCANNERS. Using either x-ray radiation or radio waves, scanning devices are being used not only to “see” through your clothes but government mobile units can drive by your home and spy on you within the privacy of your home. While these mobile scanners are being sold to the American public as necessary security and safety measures, we can ill afford to forget that such systems are rife with the potential for abuse, not only by government bureaucrats but by the technicians employed to operate them.

X is for X-KEYSCORE. One of the many spying programs carried out by the National Security Agency (NSA) that targets every person in the United States who uses a computer or phone. This top-secret program “allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals.”

Y is for YOU-NESS. Using your face, mannerisms, social media and “you-ness” against you, you can now be tracked based on what you buy, where you go, what you do in public, and how you do what you do. Facial recognition software promises to create a society in which every individual who steps out into public is tracked and recorded as they go about their daily business. The goal is for government agents to be able to scan a crowd of people and instantaneously identify all of the individuals present. Facial recognition programs are being rolled out in states all across the country.

Z is for ZERO TOLERANCE. We have moved into a new paradigm in which young people are increasingly viewed as suspects and treated as criminals by school officials and law enforcement alike, often for engaging in little more than childish behavior. In some jurisdictions, students have also been penalized under school zero tolerance policies for such inane “crimes” as carrying cough drops, wearing black lipstick, bringing nail clippers to school, using Listerine or Scope, and carrying fold-out combs that resemble switchblades.

As you can see, the warning signs are all around us. The question is whether you will organize, take a stand and fight for freedom, or will you, like so many clueless Americans, freely walk into the slaughterhouse?

Jade Helm, Terrorist Attacks, Surveillance and Other Fairy Tales for a Gullible Nation

Posted: July 6, 2015 in Uncategorized
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“Strange how paranoia can link up with reality now and then.” ― Philip K. Dick, A Scanner Darkly

Once upon a time, there was a nation of people who believed everything they were told by their government.

When terrorists attacked the country, and government officials claimed to have been caught by surprise, the people believed them. And when the government passed massive laws aimed at locking down the nation and opening the door to total government surveillance, the people believed it was done merely to keep them safe. The few who disagreed were labeled traitors.

When the government waged costly preemptive wars on foreign countries, insisting it was necessary to protect the nation, the citizens believed it. And when the government brought the weapons and tactics of war home to use against the populace, claiming it was just a way to recycle old equipment, the people believed that too. The few who disagreed were labeled unpatriotic.

When the government spied on its own citizens, claiming they were looking for terrorists hiding among them, the people believed it. And when the government began tracking the citizenry’s movements, monitoring their spending, snooping on their social media, and surveying their habits—supposedly in an effort to make their lives more efficient—the people believed that, too. The few who disagreed were labeled paranoid.

When the government let private companies take over the prison industry and agreed to keep the jails full, justifying it as a cost-saving measure, the people believed them. And when the government started arresting and jailing people for minor infractions, claiming the only way to keep communities safe was to be tough on crime, the people believed that too. The few who disagreed were labeled soft on crime.

When the government hired crisis actors to take part in disaster drills, never alerting the public to which “disasters” were staged, the people genuinely believed they were under attack. And when the government insisted it needed greater powers to prevent such attacks from happening again, the people believed that too. The few who disagreed were told to shut up or leave the country.

Finally, the government started carrying out covert military drills around the country, insisting they were necessary to train the troops for foreign combat, and most of the people believed them. The few who disagreed, warning that perhaps all was not what it seemed, were dismissed as conspiracy theorists and quacks.

By the time the government locked down the nation, using local police and the military to impose martial law, there was no one left in doubt of the government’s true motives—total control and domination—but there was also no one left to fight back.

Now every fable has a moral, and the moral of this story is to beware of anyone who urges you to ignore your better instincts and trust the government.

In other words, if it looks like trouble and it smells like trouble, you can bet there’s trouble afoot.

For instance, while there is certainly no shortage of foul-smelling government activities taking place right now, the one giving off the greatest stench is Jade Helm 15. This covert, multi-agency, multi-state, eight-week military training exercise is set to take place from July 15 through Sept. 15 in states across the American Southwest.

According to official government sources, “Jade Helm: Mastering the Human Domain” is a planned military exercise that will test and practice unconventional warfare including, but not limited to, guerrilla warfare, subversion, sabotage, intelligence activities, and unconventional assisted recovery. The training exercise will take place in seven different southwestern states: California, New Mexico, Colorado, Arizona, Texas, Utah and Nevada.

U.S. Army Special Operations Command will primarily lead this interagency training program but the Navy Seals, Air Force Special Operations, Marine Special Operations Command, Marine Expeditionary Units, 82nd Airborne Division, and other interagency partners will also be involved. Approximately 1,200 troops are expected to participate in these exercises.

The training is known as Realistic Military Training because it will be conducted outside of federal property. The exercises are going to be carried out on both public and private land, with the military reportedly asking permission of local authorities and landowners prior to land usage. The military map listing the locations that will host the exercise shows Texas, Utah, and the southern part of California as “hostile territory.” According to U.S. officials, these three areas are marked as hostile to simulate environments where American troops are viewed as the enemy. The other areas on the map are marked as permissive, uncertain (leaning friendly), or uncertain (leaning hostile).

Military officials claim that the southwestern states were chosen because this exercise requires large areas of undeveloped land as well as access to towns and population hubs. These states purportedly also provide a climate and terrain that is similar to that of potential areas of combat for the United States, particularly Iraq, Iran and Syria.

Now the mainstream media has happily regurgitated the government’s official explanation about Jade Helm. However, there is a growing concern among those who are not overly worried about being labeled conspiratorialists or paranoid that the government is using Jade Helm as a cover to institute martial law, bring about total population control, or carry out greater surveillance on the citizenry.

In the first camp are those who fear that Jade Helm will usher in martial law. These individuals believe that by designating the two traditionally conservative and Republican-dominated states, Utah and Texas, as hostile territory, while more Democratic states like Colorado and California are marked as friendly, the military plans to infiltrate the states with large numbers of gun owners and attempt to disarm them.

Adding fuel to the fire is the mysterious and sudden temporary closures of five Walmart stores in Texas, California, Oklahoma and Florida, two of which are located near Jade Helm training sites. Those in this camp contend that the military is planning to use the Walmart stores as processing facilities for Americans once martial law is enacted.

Pointing to the mission’s official title, “Jade Helm: Mastering the Human Domain,” there is a second camp that fears that the military exercises are merely a means to an end—namely total population control—by allowing the military to discern between friendly civilians and hostiles. This concern is reinforced by military documents stating that a major portion of Jade Helm training will be about blending in with civilians, understanding how to work with civilians, using these civilians to find enemy combatants, and then neutralizing the target.

In this way, the United States military is effectively using psychological warfare to learn how people function and how to control them.

As a study written by military personnel states, mastering the human domain, also known as identity processes, means “use of enhanced capabilities to identify and classify the human domain; to determine whether they are adversarial, friendly, neutral, or unknown.” The study later states that identity processes can be used to “manage local populations during major combat, stability, and humanitarian assistance and/or disaster relief operations.”

While the military has promised that the work they are doing is aimed for use overseas, we have seen first-hand how quickly the military’s weapons and tactics used overseas are brought home to be used against the populace. In fact, some of the nation’s evolutionary psychologists, demographers, sociologists, historians and anthropologists have been working with the Department of Defense’s Minerva Initiative to master the human domain. This security research includes “Understanding the Origin, Characteristics, and Implications of Mass Political Movements” at the University of Washington and “Who Does Not Become a Terrorist and Why?” at the Naval Academy Post Graduate School. Both studies focus on Americans and the different movements and patterns that the government can track to ensure “safety and security.”

The Department of Homeland Security (DHS) is also working to infiltrate churches across the country to establish a Christian Emergency Network, carry out emergency training exercises to prevent and prepare for disasters (active shooter drills and natural disaster preparedness), and foster two-way information sharing, while at the same time instituting a media blackout of their activities. As the DHS continues to establish itself within churches, a growing number of churches are adopting facial recognition systems to survey their congregations, identify and track who attends their events, and target individuals for financial contributions or further monitoring. As the partnership between churches and the DHS grows, their facial recognition databases may be shared with the federal government, if that is not already happening.

Finally, there is the third camp which fears that Jade Helm is merely the first of many exercises to be incorporated into regular American life so that the government can watch, study, and better understand how to control the masses. Certainly, psychological control techniques could be used in the future to halt protests and ensure that the nation runs “smoothly.”

It remains to be seen whether Jade Helm 15 proves to be a thinly veiled military plot to take over the country (one lifted straight out of director John Frankenheimer’s 1964 political thriller Seven Days in May), turn the population into automatons and psychological experiments, or is merely a “routine” exercise for troops, albeit a blatantly intimidating flexing of the military’s muscles.

However, as I point out in my book Battlefield America: The War on the American People, the problem arises when you add Jade Helm to the list of other troubling developments that have taken place over the past 30 years or more: the expansion of the military industrial complex and its influence in Washington DC, the rampant surveillance, the corporate-funded elections and revolving door between lobbyists and elected officials, the militarized police, the loss of our freedoms, the injustice of the courts, the privatized prisons, the school lockdowns, the roadside strip searches, the military drills on domestic soil, the fusion centers and the simultaneous fusing of every branch of law enforcement (federal, state and local), the stockpiling of ammunition by various government agencies, the active shooter drills that are indistinguishable from actual crises, the economy flirting with near collapse, the growing social unrest, the socio-psychological experiments being carried out by government agencies, etc.

Suddenly, the overall picture seems that much more sinister. Clearly, there’s a larger agenda at work here, and it’s one the American people had better clue into before it’s too late to do anything about it.

Call me paranoid, but I think we’d better take James Madison’s advice and “take alarm at the first experiment on our liberties.”

Keeping Government Bureaucrats Off the Backs of the Citizenry: The Supreme Court Responds

Posted: June 22, 2015 in Uncategorized
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“No man in the wrong can stand up against a fellow that’s in the right and keeps on a-comin’.”—Texas Rangers

In one swoop, on June 22, 2015, a divided U.S. Supreme Court handed down three consecutive rulings affirming the right of raisin farmers, hotel owners and prison inmates. However, this push back against government abuse, government snooping and government theft only came about because some determined citizens stood up and took a stand against tyranny.

The three cases respectively deal with the government’s confiscation of agricultural crops without any guarantee or promise of payment (Horne v. U.S. Department of Agriculture); the practice of police gaining unfettered access to motel and hotel guest registries (City of Los Angeles v. Patel); and the use of tasers and excessive force by prison officials (Kingsley v. Hendrickson).

Whether these three rulings will amount to much in the long run remains to be seen. In the meantime, they sound a cautiously optimistic note at a time when police state forces continue to use advancing technologies, surveillance and militarization to weaken, sidestep and flout the Constitution at almost every turn.

In the first case, Horne v. U.S. Department of Agriculture, a 5-4 Supreme Court declared that raisin farmer Marvin Horne deserves to be compensated for the official seizure of one-third of his personal property by the government.

The case arose after independent raisin farmers in California were fined almost $700,000 for refusing to surrender about 40% of the raisins they produced to the government as part of a program purportedly aimed at maintaining a stable market for commodities.

Marvin and Laura Horne are independent farmers in California and have been growing raisins for almost half a century. During that time, the Hornes were subject to a Depression-era law promulgated by the U.S. Department of Agriculture that aims to create “orderly” market conditions for raisins by regulating their supply. Supply is regulated by requiring that raisin producers surrender a certain percentage of their raisins (a so-called “reserve tonnage”) each year to an administrative committee.

In 2002-2003, the reserve tonnage was set at 47% of the crop. The reserve tonnage may be sold by the government with the government paying itself first for administrative costs, and then providing pro rata payments to participating farmers. However, in 2002-2003, raisin farmers received payments that did not cover the expenses of production and in 2003-2004, no payments whatsoever were made for reserve tonnage raisins.

Although the Hornes attempted to arrange their operation to avoid having to give up part of their crop, the USDA assessed a monetary penalty of $695,226 against the Hornes for having failed to surrender raisins they produced between 2002 and 2004. The Hornes appealed this order, arguing that the requirement that they surrender, on pain of monetary penalty, a percentage of their property without any guarantee of compensation violated the command of the Fifth Amendment to the U.S. Constitution that private property shall not be taken for public use without just compensation. However, the U.S. Court of Appeals for the Ninth Circuit determined that the Fifth Amendment affords less protection to personal property than real property (land), and upheld the penalties. The Hornes subsequently appealed that ruling to the U.S. Supreme Court, arguing that the Fifth Amendment’s prohibition on government confiscation of property applies not only to the appropriation of land but with full and equal force to personal property such as agricultural crops.

Battlefield_Cover_300The bigger picture: Whether you’re talking about raisins confiscated by the USDA, homes expropriated by government agencies under the rubric of eminent domain, or cars and cash seized by asset forfeiture-driven highway police, these various takings all add up to the same thing: government theft sanctioned by an endless assortment of arcane laws. Unfortunately, as I point out in my book Battlefield America: The War on the American People, the lines between private and public property have been so blurred that private property is reduced to little more than something the government can use to control, manipulate and harass the citizenry to suit its own purposes, while ‘we the people’ have been reduced to little more than tenants or serfs in bondage to an overbearing landlord. This is feudalism revisited.

In the second case handed down on June 22 (City of Los Angeles v. Patel), a 5-4 Supreme Court struck down a Los Angeles ordinance that permits the police to check guest registries at motels and hotels at any hour of the day or night without a warrant or other judicial review.

Section 41.49 of the City of Los Angeles Municipal Code requires all hotel owners to maintain a registry that collects information about persons staying at the hotel, including their names, addresses, vehicle information, arrival and departure dates, room prices, and payment methods.

Under this law, it is a crime for a guest to provide false or misleading information in registering at the hotel. The law also requires that hotels make these records available to any officer of the Los Angeles Police Department for inspection on demand, thereby allowing law enforcement officers to inspect this information at any time regardless of whether there is consent to the inspection or a warrant allowing it. Additionally, police need not have any measure of suspicion in order to review hotel registries under the ordinance and there need not be any history of criminal activity at the hotel. A hotel operator is guilty of a crime if he or she refuses to allow inspection.

In 2005, the Los Angeles Lodging Association and various owners and operators of hotels and motels in the city filed a lawsuit challenging the requirement of the ordinance that they grant unfettered access to their guest registries, arguing that the ordinance is a patent violation of the Fourth Amendment’s protection of persons’ houses, papers and effects against “unreasonable searches and seizures.”

In December 2013, the U.S. Court of Appeals for the Ninth Circuit upheld the hotel owners’ claims, ruling that the inspection of hotel registries by police is clearly a search for purposes of the Fourth Amendment. The Ninth Circuit also rejected the claim that hotels are a “closely regulated” industry that should expect government inspections, thereby holding that police are not excused from the general search warrant requirement.

Citing a fundamental right to privacy, travel and association, civil liberties advocates argued that the ordinance, which is similar to laws on the books in cities across the nation, flies in the face of historical protections affording hotel guests privacy in regards to their identities and comings-and-goings and burdens the fundamental rights of travel and association. Moreover, police should not be given carte blanche to rummage through records containing highly personal information because this could chill the exercise of other constitutional rights, such as the right to travel and the right of association.

The bigger picture: The practice of giving police officers unfettered, warrantless access to Americans’ hotel records is no different from the government’s use of National Security Letters to force banks, phone companies, casinos and other businesses to secretly provide the FBI with customer information such as telephone records, subscriber information, credit reports, employment information, and email records and not disclose the demands. Both ploys are merely different facets of the government’s campaign to circumvent, by hook or by crook, the clear procedural safeguards of the Fourth Amendment and force business owners to act as extensions of the police state.

In the last case, a 5-4 U.S. Supreme Court ruled in Kingsley v. Hendrickson that a lower court used an improper test to determine whether guards used excessive force against a pretrial detainee.

The case involves a Wisconsin man who alleged that he was subjected to unreasonable and excessive force in reckless disregard for his safety when prison guards forcibly removed him from his jail cell and subdued him with a stun gun.

In 2010, Michael Kingsley was arrested and booked into the jail in Sparta, Wisconsin, and detained there pending his court appearances on the charges against him. About a month into his detention, guards noticed that a sheet of yellow paper was covering the light above Kingsley’s bed, which was a common practice among detainees in order to dim the brightness of the facilities lights. The guards ordered Kingsley to remove the paper, but he refused, pointing out that he had not put the paper over the light.

The next morning, Kingsley was again ordered to remove the paper and again he refused. The jail administrator was then called, who told Kingsley he would be transferred to another cell. Five officers then came to the cell and ordered Kingsley to stand up. Kingsley protested that he had done nothing wrong, but was told to follow the order or he would be tasered.

Kingsley continued to lie face down on his bunk but put his hands behind his back and was handcuffed. The officers pulled Kingsley off the bunk, which allegedly caused injuries to his knees and feet and inflicted pain so severe Kingsley could not stand or walk. The officers then carried him to a receiving cell, placed him face down on a bunk and attempted to remove the handcuffs.

Although Kingsley denied that he resisted, the officers allegedly smashed his head into the concrete bunk and placed a knee into his back. When Kingsley told the officer to get off him, one of the officers tasered Kingsley for five seconds. As a result of this incident, Kingsley sued several officers involved, alleging that they used excessive force against him and that this violated his constitutional right to due process. A jury ruled against Kingsley, who subsequently lost his appeal to the U.S. Court of Appeals for the Seventh Circuit. Weighing in on the case, civil liberties advocates asked the Supreme Court to remove restrictions some courts have imposed on civil rights lawsuits for excessive force by inmates against jail personnel, thereby discouraging the use of excessive force by prison officials.

The bigger picture: In a police state, there is no need for judges, juries or courts of law, because the police act as judge, jury and law, and their version of justice is one-sided, delivered at the end of a gun, taser or riot stick. Unless the courts and legislatures act soon to change this climate of government-sanctioned police brutality, we may find that there is no real difference between those who are innocent, those accused of committing crimes and those found guilty, because we will all suffer the same at the hands of government agents.

Taken individually, these three cases may appear to be little more than small, procedural slaps on the wrist to government agencies that are so bloated, out-of-control and unaccountable as to scarcely register the slaps. However, taken together they serve as a potent reminder of what happens when a determined citizenry takes a collective stand against government abuse. That said, if “we the people” don’t keep pushing back, standing up, and holding government officials accountable to the rule of law, these victories will do little to keep government bureaucrats off the backs of the American citizenry.

 

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