police state | John W. Whitehead, Constitutional Attorney

Posts Tagged ‘police state’

The Wolf Is Guarding the Hen House: The Government’s War on Cyberterrorism

Posted: March 17, 2015 in Uncategorized
Tags: CISPA, cyberattacks, cybersecurity, DHS, executive orders, FISA courts, fourth amendment, nsa, Patriot Act, police state, surveillance

“The game is rigged, the network is bugged, the government talks double-speak, the courts are complicit and there’s nothing you can do about it.”—David Kravets, reporting for Wired

Nothing you write, say, text, tweet or share via phone or computer is private anymore. As constitutional law professor Garrett Epps points out, “Big Brother is watching…. Big Brother may be watching you right now, and you may never know. Since 9/11, our national life has changed forever. Surveillance is the new normal.”

This is the reality of the internet-dependent, plugged-in life of most Americans today.

A process which started shortly after 9/11 with programs such as Total Information Awareness (the predecessor to the government’s present surveillance programs) has grown into a full-fledged campaign of warrantless surveillance, electronic tracking and data mining, thanks to federal agents who have been given carte blanche access to the vast majority of electronic communications in America. Their methods completely undermine constitution safeguards, and yet no federal agency, president, court or legislature has stepped up to halt this assault on our rights.

For the most part, surveillance, data mining, etc., is a technological, jargon-laden swamp through which the average American would prefer not to wander. Consequently, most Americans remain relatively oblivious to the government’s ever-expanding surveillance powers, appear unconcerned about the fact that the government is spying on them, and seem untroubled that there is no way of opting out of this system. This state of delirium lasts only until those same individuals find themselves arrested or detained for something they did, said or bought that runs afoul of the government’s lowering threshold for what constitutes criminal activity.

All the while, Congress, the courts, and the president (starting with George W. Bush and expanding exponentially under Barack Obama) continue to erect an electronic concentration camp the likes of which have never been seen before.

A good case in point is the Cybersecurity Information Sharing Act (CISA), formerly known as CISPA (Cyber Intelligence Sharing and Protection Act). Sold to the public as necessary for protecting us against cyber attacks or internet threats such as hacking, this Orwellian exercise in tyranny-masquerading-as-security actually makes it easier for the government to spy on Americans, while officially turning Big Business into a government snitch.

Be warned: this cybersecurity bill is little more than a wolf in sheep’s clothing or, as longtime critic Senator Ron Wyden labeled it, “a surveillance bill by another name.”

Lacking any significant privacy protections, CISA, which sacrifices privacy without improving security, will do for surveillance what the Patriot Act did for the government’s police powers: it will expand, authorize and normalize the government’s intrusions into the most intimate aspects of our lives to such an extent that there will be no turning back. In other words, it will ensure that the Fourth Amendment, which protects us against unfounded, warrantless government surveillance, does not apply to the Internet or digital/electronic communications of any kind.

In a nutshell, CISA would make it legal for the government to spy on the citizenry without their knowledge and without a warrant under the guise of fighting cyberterrorism. It would also protect private companies from being sued for sharing your information with the government, namely the National Security Agency (NSA) and the Department of Homeland Security (DHS), in order to prevent “terrorism” or an “imminent threat of death or serious bodily harm.”

Law enforcement agencies would also be given broad authority to sift through one’s data for any possible crimes. What this means is that you don’t even have to be suspected of a crime to be under surveillance. The bar is set so low as to allow government officials to embark on a fishing expedition into your personal affairs—emails, phone calls, text messages, purchases, banking transactions, etc.—based only on their need to find and fight “crime.”

Take this anything-goes attitude towards government surveillance, combine it with Big Business’ complicity over the government’s blatantly illegal acts, the ongoing trend towards overcriminalization, in which minor acts are treated as major crimes, and the rise of private prisons, which have created a profit motive for jailing Americans, and you have all the makings of a fascist police state.

So who can we count on to protect us from the threat of government surveillance?

It won’t be the courts. Not in an age of secret courts, secret court rulings, and an overall deference by the courts to anything the government claims is necessary to its fight against terrorism. Most recently, the U.S. Supreme Court refused to hear a case challenging the government’s massive electronic wiretapping program. As Court reporter Lyle Denniston notes:

Daoud v. United States was the first case, in the nearly four-decade history of electronic spying by the U.S. government to gather foreign intelligence, in which a federal judge had ordered the government to turn over secret papers about how it had obtained evidence through wiretaps of telephones and Internet links. That order, however, was overturned by the U.S. Court of Appeals for the Seventh Circuit, whose ruling was the one the Justices on Monday declined to review…. One of the unusual features of the government’s global electronic spying program is that the individuals whose conversations or e-mails have been monitored almost never hear about it, because the program is so shrouded in secrecy — except when the news media manages to find out some details. But, if the government plans to use evidence it gathered under that program against a defendant in a criminal trial, it must notify the defendant that he or she has been monitored.

It won’t be Congress, either (CISA is their handiwork, remember), which has failed to do anything to protect the citizenry from an overbearing police state, all the while enabling the government to continue its power grabs. It was Congress that started us down this whole Big Brother road with its passage and subsequent renewals of the USA Patriot Act, which drove a stake through the heart of the Bill of Rights. The Patriot Act rendered First Amendment activists potential terrorists; justified broader domestic surveillance; authorized black bag “sneak-and-peak” searches of homes and offices by government agents; granted the FBI the right to come to your place of employment, demand your personal records and question your supervisors and fellow employees, all without notifying you; allowed the government access to your medical records, school records and practically every personal record about you; allowed the government to secretly demand to see records of books or magazines you’ve checked out in any public library and Internet sites you’ve visited.

The Patriot Act also gave the government the green light to monitor religious and political institutions with no suspicion of criminal wrongdoing; prosecute librarians or keepers of any other records if they told anyone that the government had subpoenaed information related to a terror investigation; monitor conversations between attorneys and clients; search and seize Americans’ papers and effects without showing probable cause; and jail Americans indefinitely without a trial, among other things.

And it certainly won’t be the president. Indeed, President Obama recently issued an executive order calling on private companies (phone companies, banks, Internet providers, you name it) to share their customer data (your personal data) with each other and, most importantly, the government. Here’s the problem, however: while Obama calls for vague protections for privacy and civil liberties without providing any specific recommendations, he appoints the DHS to oversee the information sharing and develop guidelines with the attorney general for how the government will collect and share the data.

Talk about putting the wolf in charge of the hen house.

Mind you, this is the same agency, rightly dubbed a “wasteful, growing, fear-mongering beast,” that is responsible for militarizing the police, weaponizing SWAT teams, spying on activists, stockpiling ammunition, distributing license plate readers to state police, carrying out military drills in American cities, establishing widespread surveillance networks through the use of fusion centers, funding city-wide surveillance systems, accelerating the domestic use of drones, and generally establishing itself as the nation’s standing army, i.e., a national police force.

This brings me back to the knotty problem of how to protect Americans from cyber attacks without further eroding our privacy rights.

Dependent as we are on computer technology for almost all aspects of our lives, it’s feasible that a cyberattack on American computer networks really could cripple both the nation’s infrastructure and its economy. So do we allow the government liberal powers to control and spy on all electronic communications flowing through the United States? Can we trust the government not to abuse its privileges and respect our privacy rights? Does it even matter, given that we have no real say in the matter?

As I point out in my book A Government of Wolves: The Emerging American Police State, essentially, there are three camps of thought on the question of how much power the government should have, and which camp you fall into says a lot about your view of government—or, at least, your view of whichever administration happens to be in power at the time, for the time being, the one calling the shots being the Obama administration.

In the first camp are those who trust the government to do the right thing—or, at least, they trust the Obama administration to look out for their best interests. To this group, CISA is simply a desperately needed blueprint for safeguarding us against a possible cyberattack, with a partnership between the government and Big Business serving as the most logical means of thwarting such an attack. Any suggestion that the government and its corporate cohorts might abuse this power is dismissed as conspiratorial hysterics. The problem, as technology reporter Adam Clark Estes points out, is that CISA is a “privacy nightmare” that “stomps all over civil liberties” without making “the country any safer against cyberattacks.”

In the second camp are those who not only don’t trust the government but think the government is out to get them. Sadly, they’ve got good reason to distrust the government, especially when it comes to abusing its powers and violating our rights. For example, consider that government surveillance of innocent Americans has exploded over the past decade. In fact, Wall Street Journal reporter Julia Angwin has concluded that, as a result of its spying and data collection, the U.S. government has more data on American citizens than the Stasi secret police had on East Germans. To those in this second group, CISA is nothing less than the writing on the wall that surveillance is here to stay, meaning that the government will continue to monitor, regulate and control all means of communications.

Then there’s the third camp, which neither sees government as an angel or a devil, but merely as an entity that needs to be controlled, or as Thomas Jefferson phrased it, bound “down from mischief with the chains of the Constitution.” A distrust of all who hold governmental power was rife among those who drafted the Constitution and the Bill of Rights. James Madison, the nation’s fourth president and the author of the Bill of Rights, was particularly vocal in warning against government. He once observed, “All men having power ought to be distrusted to a certain degree.”

To those in the third camp, the only way to ensure balance in government is by holding government officials accountable to abiding by the rule of law. Unfortunately, with all branches of the government, including the courts, stridently working to maintain its acquired powers, and the private sector marching in lockstep, there seems to be little to protect the American people from the fast-growing electronic surveillance state.

In the meantime, surveillance has become the new normal, and the effects of this endless surveillance are taking a toll, resulting in a more anxious and submissive citizenry. As Fourth Amendment activist Alex Marthews points out,

Mass surveillance is becoming a punchline. Making it humorous makes mass surveillance seem easy and friendly and a normal part of life…we make uneasy jokes about how we should watch what we say, about the government looking over our shoulders, about cameras and informers and eyes in the sky. Even though we may not in practice think that these agencies pay us any mind, mass surveillance still creates a chilling effect: We limit what we search for online and inhibit expression of controversial viewpoints. This more submissive mentality isn’t a side effect. As far as anyone is able to measure, it’s the main effect of mass surveillance. The effect of such programs is not primarily to thwart attacks by foreign terrorists on U.S. soil; it’s to discourage challenges to the security services’ authority over our lives here at home.

Private Police: Mercenaries for the American Police State

Posted: March 3, 2015 in Uncategorized
Tags: corporate elite, fourth amendment, Homan Square, National Security Agency, police, police powers, police state, private police

“Corporate America is using police forces as their mercenaries.”—Ray Lewis, Retired Philadelphia Police Captain

It’s one thing to know and exercise your rights when a police officer pulls you over, but what rights do you have when a private cop—entrusted with all of the powers of a government cop but not held to the same legal standards—pulls you over and subjects you to a stop-and-frisk or, worse, causes you to “disappear” into a Gitmo-esque detention center not unlike the one employed by Chicago police at Homan Square?

For that matter, how do you even begin to know who you’re dealing with, given that these private cops often wear police uniforms, carry police-grade weapons, and perform many of the same duties as public cops, including carrying out SWAT team raids, issuing tickets and firing their weapons.

This is the growing dilemma we now face as private police officers outnumber public officers (more than two to one), and the corporate elite transforms the face of policing in America into a privatized affair that operates beyond the reach of the Fourth Amendment.

Mind you, it’s not as if we had many rights to speak of, anyhow.

Owing to the general complacency of the courts and legislatures, the Fourth Amendment has already been so watered down, battered and bruised as to provide little practical protection against police abuses. Indeed, as I make clear in my book A Government of Wolves: The Emerging American Police State, we’re already operating in a police state in which police have carte blanche authority to probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance. Expanding on these police powers, the U.S. Supreme Court recently gave law enforcement officials tacit approval to collect DNA from any person, at any time.

However, whatever scant protection the weakened Fourth Amendment provides us dissipates in the face of privatized police, who are paid by corporations working in partnership with the government. Talk about a diabolical end run around the Constitution.

We’ve been so busy worrying about militarized police, police who shoot citizens first and ask questions later, police who shoot unarmed people, etc., that we failed to take notice of the corporate army that was being assembled under our very noses. Looks like we’ve been outfoxed, outmaneuvered and we’re about to be out of luck.

Indeed, if militarized police have become the government’s standing army, privatized police are its private army—guns for hire, if you will. This phenomenon can be seen from California to New York, and in almost every state in between. According to the Bureau of Labor Statistics, the private security industry is undergoing a boom right now, with most of the growth coming about due to private police doing the jobs once held by public police. For instance, Foley, Minnesota, population 2600, replaced its police force with private guards

Technically, a private police force is one that is owned or controlled by a non-governmental body such as a corporation. Those who advocate for privatized services and limited government hail the shift towards private police as a step in the right direction by getting the government out of the business of policing and allow market principles to dictate an officer’s success, i.e., if an officer abuses his authority, he can easily be fired.

Read the fine print, however, and you’ll find that these private police aka guns-for-hire a.k.a. private armies a.k.a. company police officers a.k.a. secret police a.k.a. conservators of the police a.k.a. rent-a-cops don’t exactly remove the government from the equation. Instead, they merely allow them to work behind the scenes, conveniently insulated from any accusations of wrongdoing or demands for transparency. Indeed, most private police officers are either working for private security firms that are contracted by the government or are government workers moonlighting on their time off.

What began as a job detail for wealthy communities and businesses looking to discourage burglaries has snowballed into a lucrative enterprise for private corporations. Today these private police can be found wherever extra security is “needed”: at hospitals, universities, banks, shopping malls, gated communities, you name it.

As historian Heather Ann Thompson notes, “private security firms have come substantially to supplement, if not completely to replace, the publicly-funded public safety presence of troubled inner cities ranging from Oakland, to New Orleans, to small towns in states such Minnesota, to entire neighborhoods—sometimes extremely rich, sometimes desperately poor—in urban centers such as Atlanta and Baltimore.”

For example, in New Orleans, a 50-person private police squad funded by a “voluntary” hotel tax is being charged with enforcing traffic, zoning and other non-emergency laws in the French Quarter.

In Seattle, off-duty Seattle Police officers moonlighting as a private security force patrol wealthy neighborhoods “approximately six nights/days a week for five hours each shift. Officers are in uniform, carry police radios and their police firearms and drive unmarked personal vehicles.”

In California, private mercenaries—many of them ex-U.S. Special Forces, Army Rangers and other combat veterans—equipped with AR-15 rifles use unmarked helicopters to police cannabis farms and cut down private gardens without a warrant.

Yet while these private police firms enjoy the trappings of government agencies—the weaponry, the arrest and shoot authority, even the ability to ticket and frisk— they’re often poorly trained, inadequately screened, poorly regulated and heavily armed. Now if that sounds a lot like public police officers, you wouldn’t be far wrong.

First off, the label of “private” is dubious at best. Mind you, this is a far cry from a privatization of police. These are guns for hire, answerable to corporations who are already in bed with the government. They are extensions of the government without even the pretense of public accountability. One security consultant likened the relationship between public and private police to public healthcare: “It’s basically, the government provides a certain base level. If you want more than that, you pay for it yourself.”

The University of Chicago’s police department (UCPD) is a prime example of how private security firms are being entrusted with the legal status of private police forces (which sets them beyond the reach of the rule of law) and the powers of public ones. With a jurisdiction that covers a six-square-mile area and is home to 65,000 individuals, the majority of whom are not students, UCPD is one of the largest private security forces in America.

The private police agency, modeled after the tactics of NYPD chief William Bratton, criminalizes nonviolent activities such as loitering, vandalism, smoking marijuana, and dancing “recklessly” and punishes minor infractions severely in order to “discourage” violent crime. To this end, the UCPD can search, ticket, arrest, and detain anyone they choose without being required to disclose to the public its reasons for doing so. Not surprisingly, the UCPD has been accused of using racial profiling to target individuals for stop-and-frisks.

Second, these private contractors are operating beyond the reach of the law. For example, although private police in Ohio are “authorized by the state to carry handguns, use deadly force and detain, search and arrest people,” they are permitted to keep their arrest and incident reports under wraps. Moreover, the public is not permitted to “check the officers’ background or conduct records, including their use-of-force and discipline histories.” As attorney Fred Gittes remarked, “There is no accountability. They have the greatest power that society can invest in people — the power to use deadly force and make arrests. Yet, the public and public entities have no practical access to information about their behavior, eluding the ability to hold anyone accountable.”

So what happens when the government hires out its dirty deeds to contractors who aren’t quite so discriminating about abiding by constitutional safeguards, especially as they relate to searches and heavy-handed tactics? If you think police abuses are worrisome, security expert Bruce Schneier warns that “abuses of power, brutality, and illegal behavior are much more common among private security guards than real police.”

As Schneier points out, “Many of the laws that protect us from police abuse do not apply to the private sector. Constitutional safeguards that regulate police conduct, interrogation and evidence collection do not apply to private individuals. Information that is illegal for the government to collect about you can be collected by commercial data brokers, then purchased by the police. We’ve all seen policemen ‘reading people their rights’ on television cop shows. If you’re detained by a private security guard, you don’t have nearly as many rights.”

Third, more often than not, the same individuals are serving in both capacities, first on the government payroll, then moonlighting for the corporations. Not surprisingly, given the demand for private police, you’ll find that police in most cities work privately while they are off-duty. Some private officers started off as public officers, then made the switch once they saw how lucrative the field could be.

This gives rise to another interesting phenomenon, a schism, if you will, between what is permissible in the private sector versus and what is allowed in the public sector, and how it affects those who travel between both worlds. We saw this played out in St. Louis, Missouri, when an off-duty police officer, working a secondary shift for a private security firm, shot and killed a teenager.

Fourth, what few realize is that these private police agencies are actually given their police powers by state courts and legislatures, which do not require them to act in accordance with the Constitution’s strictures or be accountable to “we the people.” As legal analyst Timothy Geigner observes, “They’re hiding from public scrutiny behind the veil of incorporation, which may rank right up there among the most cynical things a government organization has ever done. It’s a move one might find in the corporate republic of some dystopian novel. I say that because it’s truly not as though the police departments in question are attempting to claim some kind of exemption within public records law. They’re just putting up a stone wall.”

It’s not as if we have much in the way of local, publicly accountable police forces now; they all answer to the militarized agencies that provide their equipment and training. These private cops simply swell the government’s ranks and serve as the private arm of the law.

In fact, the Department of Justice has been one of the most vocal advocates for the benefits that private security—which has twice the budget and manpower as their government counterparts—can provide in partnership with public police. These so-called “benefits” are outlined in the DOJ’s guidebook entitled “Operation Partnership: Practices and Trends in Law Enforcement and Private Security Collaborations,” which focuses on how both sectors can share cutting-edge technology, information, and personnel resources. Sounds cozy, doesn’t it?

As history shows, we’re not forging a new path with these private police agencies, either. In fact, we’re simply following a model established long ago, not only by Hitler and Mussolini, who relied on private guards to do their bidding, but also by the likes of Andrew Carnegie and John D. Rockefeller, who relied on their own private police force, the Pinkertons, who had broad authority to “harass or hurt anyone their employers deemed a threat—be they a worker trying to get a fair wage or a poor person begging near the doorstep of a mansion.”

Nevertheless as historian Heather Ann Thompson points out, “despite countless historical accounts of why private policing of public spaces is a bad idea in a democracy, ordinary Americans have raised little ruckus today when, once again, only those Americans with money are assured access to security and protection.” Thompson continues:

Worse, astonishing faith has been expressed in the much-touted proposition that private police forces, in fact, act in the best interests of the public. Where is the concern, if not the outrage, that there is virtually no regulation when it comes to private policing in America’s inner cities? Not only can individuals with little if any training police public spaces, but in various locales they are even authorized to make arrests and wield firearms. What is more, unlike public police, private security officers are not required by law to read a suspect his or her Miranda Rights and, more incredibly, they are allowed to use force, in some circumstances even deadly force, if they deem it necessary to do so.

What we’re finding ourselves faced with is a government of mercenaries, bought and paid for with our tax dollars, all the while claiming to be beyond the reach of the Constitution’s dictates.

When all is said and done, privatization in the American police state amounts to little more than the corporate elite providing cover for government wrong-doing.

Either way, the American citizen loses.

Creepy, Calculating and Controlling: All the Ways Big Brother Is Watching You

Posted: February 16, 2015 in Uncategorized
Tags: biometric databases, DEA, DHS, doppler radar devices, drones, FBI, fourth amendment, George Orwell, internet kill switch, internet of things, license plate readers, nsa, Philip K. Dick, police state, privacy, radar guns, smart tvs, stingray devices, surveillance, surveillance cameras

“You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.”—George Orwell, 1984

None of us are perfect. All of us bend the rules occasionally. Even before the age of overcriminalization, when the most upstanding citizen could be counted on to break at least three laws a day without knowing it, most of us have knowingly flouted the law from time to time.

Indeed, there was a time when most Americans thought nothing of driving a few miles over the speed limit, pausing (rather than coming to a full stop) at a red light when making a right-hand turn if no one was around, jaywalking across the street, and letting their kid play hookie from school once in a while. Of course, that was before the era of speed cameras that ticket you for going even a mile over the posted limit, red light cameras that fine you for making safe “rolling stop” right-hand turns on red, surveillance cameras equipped with facial recognition software mounted on street corners, and school truancy laws that fine parents for “unexcused” absences.

My, how times have changed.

Today, there’s little room for indiscretions, imperfections, or acts of independence—especially not when the government can listen in on your phone calls, monitor your driving habits, track your movements, scrutinize your purchases and peer through the walls of your home. That’s because technology—specifically the technology employed by the government against the American citizenry—has upped the stakes dramatically so that there’s little we do that is not known by the government.

In such an environment, you’re either a paragon of virtue, or you’re a criminal.

If you haven’t figured it out yet, we’re all criminals. This is the creepy, calculating yet diabolical genius of the American police state: the very technology we hailed as revolutionary and liberating has become our prison, jailer, probation officer, Big Brother and Father Knows Best all rolled into one.

Consider that 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. As I point out in my book, A Government of Wolves: The Emerging American Police State, 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.

For example, police have been using Stingray devices mounted on their cruisers to intercept cell phone calls and text messages without court-issued search warrants. Thwarting efforts to learn how and when these devices are being used against an unsuspecting populace, the FBI is insisting that any inquiries about the use of the technology be routed to the agency “in order to allow sufficient time for the FBI to intervene to protect the equipment/technology and information from disclosure and potential compromise.”

Doppler radar devices, which can detect human breathing and movement within in a home, are already being employed by the police to deliver arrest warrants and are being challenged in court. One case in particular, United States v Denson, examines how the Fourth Amendment interacts with the government’s use of radar technology to peer inside a suspect’s home. As Judge Neil Gorsuch recognizes in the Tenth Circuit Court of Appeal’s ruling in the case, “New technologies bring with them not only new opportunities for law enforcement to catch criminals but also new risks for abuse and new ways to invade constitutional rights.”

License plate readers, yet another law enforcement spying device made possible through funding by the Department of Homeland Security, can record up to 1800 license plates per minute. However, it seems these surveillance cameras can also photograph those inside a moving car. Recent reports indicate that the Drug Enforcement Administration has been using the cameras in conjunction with facial recognition software to build a “vehicle surveillance database” of the nation’s cars, drivers and passengers.

Sidewalk and “public space” cameras, sold to gullible communities as a sure-fire means of fighting crime, is yet another DHS program that is blanketing small and large towns alike with government-funded and monitored surveillance cameras. It’s all part of a public-private partnership that gives government officials access to all manner of surveillance cameras, on sidewalks, on buildings, on buses, even those installed on private property.

Couple these surveillance cameras with facial recognition and behavior-sensing technology and you have the makings of “pre-crime” cameras, which scan your mannerisms, compare you to pre-set parameters for “normal” behavior, and alert the police if you trigger any computerized alarms as being “suspicious.”

Capitalizing on a series of notorious abductions of college-aged students, several states are pushing to expand their biometric and DNA databases by requiring that anyone accused of a misdemeanor have their DNA collected and catalogued. However, technology is already available that allows the government to collect biometrics such as fingerprints from a distance, without a person’s cooperation or knowledge. One system can actually scan and identify a fingerprint from nearly 20 feet away.

Radar guns have long been the speed cop’s best friend, allowing him to hide out by the side of the road, identify speeding cars, and then radio ahead to a police car, which does the dirty work of pulling the driver over and issuing a ticket. Never mind that what this cop is really doing is using an electronic device to search your car without a search warrant, violating the Fourth Amendment and probable cause. Yet because it’s a cash cow for police and the governments they report to, it’s a practice that is not only allowed but encouraged. Indeed, developers are hard at work on a radar gun that can actually show if you or someone in your car is texting. No word yet on whether the technology will also be able to detect the contents of that text message.

It’s a sure bet that anything the government welcomes (and funds) too enthusiastically is bound to be a Trojan horse full of nasty surprises. Case in point: police body cameras. Hailed as the easy fix solution to police abuses, these body cameras—made possible by funding from the Department of Justice—will turn police officers into roving surveillance cameras. Of course, if you try to request access to that footage, you’ll find yourself being led a merry and costly chase through miles of red tape, bureaucratic footmen and unhelpful courts.

The “internet of things” refers to the growing number of “smart” appliances and electronic devices now connected to the internet and capable of interacting with each other and being controlled remotely. These range from thermostats and coffee makers to cars and TVs. Of course, there’s a price to pay for such easy control and access. That price amounts to relinquishing ultimate control of and access to your home to the government and its corporate partners. For example, while Samsung’s Smart TVs are capable of “listening” to what you say, thereby allow users to control the TV using voice commands, it also records everything you say and relays it to a third party.

Then again, the government doesn’t really need to spy on you using your smart TV when the FBI can remotely activate the microphone on your cellphone and record your conversations. The FBI can also do the same thing to laptop computers without the owner knowing any better.

Government surveillance of social media such as Twitter and Facebook is on the rise. Americans have become so accustomed to the government overstepping its limits that most don’t even seem all that bothered anymore about the fact that the government is spying on our emails and listening in on our phone calls.

Drones, which will begin to take to the skies en masse this year, will be the converging point for all of the weapons and technology already available to law enforcement agencies. This means drones that can listen in on your phone calls, see through the walls of your home, scan your biometrics, photograph you and track your movements, and even corral you with sophisticated weaponry.

And then there’s the Internet and cell phone kill switch, which enables the government to shut down Internet and cell phone communications without Americans being given any warning. It’s a practice that has been used before in the U.S., albeit in a limited fashion. In 2005, cell service was disabled in four major New York tunnels (reportedly to avert potential bomb detonations via cell phone). In 2009, those attending President Obama’s inauguration had their cell signals blocked (again, same rationale). And in 2011, San Francisco commuters had their cell phone signals shut down (this time, to thwart any possible protests over a police shooting of a homeless man).

It’s a given that the government’s tactics are always more advanced than we know, so there’s no knowing what new technologies are already being deployed against without our knowledge. Certainly, by the time we learn about a particular method of surveillance or new technological gadget, it’s a sure bet that the government has been using it covertly for years already. And if other governments are using a particular technology, you can bet that our government used it first. For instance, back in 2011, it was reported that the government of Tunisia was not only monitoring the emails of its citizens but was actually altering the contents of those emails in order to thwart dissidents. How much do you want to bet that government agents have already employed such tactics in the U.S.?

Apart from the obvious dangers posed by a government that feels justified and empowered to spy on its people and use its ever-expanding arsenal of weapons and technology to monitor and control them, we’re approaching a time in which we will be forced to choose between obeying the dictates of the government—i.e., the law, or whatever a government officials deems the law to be—and maintaining our individuality, integrity and independence.

When people talk about privacy, they mistakenly assume it protects only that which is hidden behind a wall or under one’s clothing. The courts have fostered this misunderstanding with their constantly shifting delineation of what constitutes an “expectation of privacy.” And technology has furthered muddied the waters.

However, privacy is so much more than what you do or say behind locked doors. It is a way of living one’s life firm in the belief that you are the master of your life, and barring any immediate danger to another person (which is far different from the carefully crafted threats to national security the government uses to justify its actions), it’s no one’s business what you read, what you say, where you go, whom you spend your time with, and how you spend your money.

Unfortunately, privacy as we once knew it is dead.

We now find ourselves in the unenviable position of being monitored, managed and controlled by our technology, which answers not to us but to our government and corporate rulers. This is the fact-is-stranger-than-fiction lesson that is being pounded into us on a daily basis.

Thus, to be an individual today, to not conform, to have even a shred of privacy, and to live beyond the reach of the government’s roaming eyes and technological spies, one must not only be a rebel but rebel.

Even when you rebel and take your stand, there is rarely a happy ending awaiting you. You are rendered an outlaw. This is the message in almost every dystopian work of fiction, from classic writers such as George Orwell, Aldous Huxley, Philip K. Dick and Ray Bradbury to more contemporary voices such as Margaret Atwood, Lois Lowry and Suzanne Collins.

How do you survive in the American police state?

We’re running out of options. As Philip K. Dick, the visionary who gave us Minority Report and Blade Runner, advised:

“If, as it seems, we are in the process of becoming a totalitarian society in which the state apparatus is all-powerful, the ethics most important for the survival of the true, free, human individual would be: cheat, lie, evade, fake it, be elsewhere, forge documents, build improved electronic gadgets in your garage that’ll outwit the gadgets used by the authorities.”

Why I’m Not Breaking Up with America This Valentine’s Day

Posted: February 9, 2015 in Uncategorized
Tags: 1033 program, Bono, expatriate, foreign wars, ISIS, King George III, militarized police, nsa, Patrick Henry, Patriot Act, police state, Rosa Parks, surveillance, Valentine's Day, whole body scanners

“I love America and I hate it. I’m torn between the two. I have two conflicting visions of America. One is a kind of dream landscape and the other is a kind of black comedy.”― Bono

Almost every week I get an email from an American expatriate living outside the country who commiserates about the deplorable state of our freedoms in the United States, expounds on his great fortune in living outside the continental U.S., and urges me to leave the country before all hell breaks loose and my wife and children are tortured, raped, brutalized and killed.

Without fail, this gentleman concludes every piece of correspondence by questioning my sanity in not shipping my grandchildren off to some far-flung locale to live their lives free of fear, police brutality, and surveillance.

I must confess that when faced with unmistakable warning signs that the country I grew up in is no more, I have my own moments of doubt.

After all, why would anyone put up with a government that brazenly steals, cheats, sneaks, spies and lies, not to mention alienates, antagonizes, criminalizes and terrorizes its own citizens and then justifies it in the name of safety, security and the greater good?

Why would anyone put up with militarized police officers who shoot first and ask questions later, act as if their word is law, and operate as if they are above the law?

Why would anyone put up with government officials, it doesn’t matter whether they’re elected or appointed, who live an elitist lifestyle while setting themselves apart from the populace, operate outside the rule of law, and act as if they’re beyond reproach and immune from being held accountable?

Unfortunately, not only do we put up with a laundry list of tyrannies that make King George III’s catalogue of abuses look like child’s play, but most actually persist in turning a blind eye to them, acting as if what they don’t see or acknowledge can’t hurt them.

The sad reality, as I make clear in my book A Government of Wolves: The Emerging American Police State, is that life in America is no bed of roses. Nor are there any signs that things will get better anytime soon, at least not for “we the people,” those of us who belong to the so-called “unwashed masses”—the working class stiffs, the hoi polloi, the plebeians, the rabble, the riffraff, the herd, the peons and the proletariats.

For instance, we’re still being spied on by our own government. Incredibly, while the British courts recognize that mass government surveillance of cellphone and online communications is not only illegal but violates human rights, the U.S. courts and politicians continue to pander to the government’s whims, whether or not they run afoul of the rule of law. Sen. Marco Rubio (R-Fla.) actually wants to make the NSA’s mass surveillance a permanent practice.

Not only is the government unapologetic about spying on its citizens, but government agencies are using their collective surveillance data to carry out Orwellian pre-crime programs that attempt to nab “criminals” before they ever commit a crime. To do so, they have to study our social media posts, our buying habits, and where we travel to and from, and on and on.

We’re still being treated like serfs working for an overlord, with little actual rights when it comes to our property, our bodies, our children or our welfare. It doesn’t really matter what the justifications are for such taxes, regulations, prohibitions and fines if they result in us having little-to-no control over how we live our lives. In Seattle, for example, even one’s trash is subject to government regulation. Residents who fail to separate out their food waste for composting are fined for each violation.

We’re still bartering our freedoms away for the phantom promise of security, and we’re no safer and much less freer than we were two decades ago. First, it was the Patriot Act, which continues to sanction all manner of government intrusions into our lives, from the government tracking what cold medicine we use and how we spend our money to what we read and with whom we communicate. Then it was whole-body scanners in the airports, which were expensive, invasive and ineffective. Most recently, we’ve been subjected to a song-and-dance number about the need for body cameras on police officers to rein in abusive cops, with little said about how these surveillance cameras will be used to identify and track those in their range, or how difficult the footage will be to acquire if needed for our own defense.

We’re still being fooled into thinking that politics matter and that there’s a difference between the Republicans and Democrats, when in fact, the two parties are exactly the same. As one commentator noted, both parties support endless war, engage in out-of-control spending, ignore the citizenry’s basic rights, have no respect for the rule of law, are bought and paid for by Big Business, care most about their own power, and have a long record of expanding government and shrinking liberty.

Our communities are still being held hostage by militarized police. Despite the fleeting attention paid to the transformation of community police into extensions of the military, the transfer of military equipment from the federal government to localities continues unabated, with more than $28 million worth of tactical equipment distributed in the last quarter of 2014. The federal government, in conjunction with local police, has created a standing army on American soil—something those who drafted our Constitution believed would devastate our freedoms.

We’re still exchanging one set of wars for another, to the delight and profit of the military industrial complex. We’ve gone from waging war against Iraq and Iran to sounding the war drums against North Korea, Syria and ISIS wherever it happens to rear its head.

Every once in a while, we get tossed a bone to satisfy that gnawing, nagging hunger for something that looks and tastes like freedom, democracy and free enterprise. Political elections, town-hall meetings, awards ceremonies, sports spectacles, high-dollar lotteries, reality TV shows, morning news programs and patriotic-themed blockbuster movies: these are all the trappings of a so-called free nation without the substance (what Shakespeare referred to as a “tale told by an idiot, full of sound and fury, signifying nothing”). Indeed, Big Business, in conjunction with Big Government, have become very adept at distracting the citizenry so that “we the people” often have no clue as to the real nature of the political game being played.

Temporarily assuaged, easily distracted and suffering from an appalling case of public amnesia, we fall right back into our complacency and compliance, content to turn a blind eye to blatant abuses, forgive past transgressions, and forget all of the reasons why we should be mad as hell about the state of our nation.

So why do I stay? Why do any of us continue to put up with the gut-wrenching, soul-sucking, misery-drenched, demoralizing existence that is America today?

Perhaps I stay because I was raised to believe that anything worth having is worth fighting for, and I believe with every fiber of my being that freedom matters. In fact, I come from a long line of Americans who understood that there is a price to be paid for freedom, whether that means standing up to the British military, sitting down in a bus seat reserved for “whites only,” or pushing back against corporations who pollute our waters and pillage our lands for profit.

Perhaps I soldier on because I remember what it was like to grow up at a time when the only surveillance I had to worry about were the neighbors who reported back to my mother whenever I did something wrong, and I desperately want my grandchildren to experience that kind of carefree existence. I want them to know that there’s more to life than metal detectors, lockdowns, random searches and pre-crime units trying to nab them for a crime if they dare step out of line.

Perhaps I persevere because I know that there are genuinely concerned Americans out there, including some good cops, honest politicians and pragmatic idealists, who want to pitch in and turn things around for the better. As long as there is this small but vocal minority who cares enough to stand up and speak out, then all is not completely lost.

Perhaps I stick it out because I know that surveillance, overcriminalization, militarized police, power-hungry politicians and greedy corporations are not exclusive to America, and there’s nowhere you can escape to where tyranny cannot follow. No matter what you think of Ronald Reagan and his politics, he was right when he warned that, “If we lose freedom here, there is no place to escape to. This is the last stand on earth.”

Most of all, perhaps I keep fighting on because I’m just not ready to give up on America. At least, not yet.

In the words of that revolutionary firebrand Patrick Henry:

Gentlemen may cry, peace, peace — but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? 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!

Handcuffs, Leg Shackles and Tasers: The New Face of Punishment in the Public Schools

Posted: January 26, 2015 in Uncategorized
Tags: ADHD, autism, handcuffs, PBIS, police, police state, public schools, school resource officers, school to prison pipeline, scream rooms, seclusion and restraint, solitary confinement, tasers, zero tolerance

“In many parts of the country, teachers are viewed as beyond reproach, much like doctors, police officers, or clergy … and, therefore, are rarely challenged about their classroom conduct. In some cases, this means that actions that would be considered criminal if committed by a parent remain unchallenged by law enforcement if they occur in a school setting.”—Senator Tom Harkin, “Dangerous Use of Seclusion and Restraints in Schools Remains Widespread and Difficult to Remedy: A Review of Ten Cases”

Roughly 1500 kids are tied up or locked down every day by school officials in the United States.

At least 500 students are locked up in some form of solitary confinement every day, whether it be a padded room, a closet or a duffel bag. In many cases, parents are rarely notified when such methods are used.

On any given day when school is in session, kids who “act up” in class are pinned facedown on the floor, locked in dark closets, tied up with straps, bungee cords and duct tape, handcuffed, leg shackled, tasered or otherwise restrained, immobilized or placed in solitary confinement in order to bring them under “control.”

In almost every case, these undeniably harsh methods are used to punish kids for simply failing to follow directions or throwing tantrums. Very rarely do the kids pose any credible danger to themselves or others.

Unbelievably, these tactics are all legal, at least when employed by school officials or school resource officers (a.k.a. police officers) in the nation’s public schools.

For example, in what may be the youngest example of a child being restrained in this way, in October 2014, a 4-year-old Virginia preschooler was handcuffed, leg shackled and transported to the sheriff’s office after reportedly throwing blocks and climbing on top of the furniture. School officials claim the restraints were necessary to protect the adults from injury.

In New York, “school safety agents” tied a 5-year-old ADHD student to a chair with Velcro straps as a punishment for throwing a tantrum in class. Police officers claim the straps were necessary because the boy had tried to bite one of the adults.

A 6-year-old kindergarten student in a Georgia public school was handcuffed, transported to the police station, and charged with simple battery of a schoolteacher and criminal damage to property for throwing a temper tantrum at school.

A second-grader in Arizona who suffers from ADHD was duct-taped to her chair after getting up to sharpen her pencil too often.

Kentucky school officials placed a 9-year-old autistic student in a duffel bag as a punishment acting up in class. Turns out, it wasn’t the first time the boy had been placed inside the “therapy bag.”

An 11-year-old special needs student had his hands cuffed behind his back and was driven home in a police car after refusing to come inside after recess and acting in an out of control manner by “passively” resisting police officers.

Unfortunately, these are far from isolated incidents.

According to a ProPublica investigative report, such harsh punishments are part of a widespread phenomenon plaguing school districts across the country.

Indeed, as investigative reporter Heather Vogell points out, this is a local story everywhere. It’s happening in my town. It’s happening in your town. It’s happening in every school district in America.

In 2012 alone, there were more than 267,000 attempts by school officials to restrain or lock up students using straps, bungee cords, and duct tape. The numbers are likely far greater when one accounts for the schools that underreport their use of such tactics.

Vogell found that “most [incidents] of restraints and seclusions happen to kids with disabilities—and are more likely to happen to kids with autism or emotional/behavioral problems.” Often due to their age, their emotional distress, or their disabilities, these young people are unable to tell their parents about the abusive treatment being meted out to them by school officials.

At least 500 students are placed in “Scream Rooms” every day (there were 104,000 reported uses of scream rooms in a given year). For those unfamiliar with the term, a “scream room” is an isolated, unmonitored, locked room—sometimes padded, often as small as four-feet-by-four-feet—which school officials use to place students in seclusion.

These scream rooms are a far cry from the tested and approved “time out,” which involves monitoring the child in a non-locked setting in order to calm him down. As psychiatrist Keith Albow points out, “Scream rooms are nothing but solitary confinement, and by extension, that makes every school that uses them a prison. They turn principals into wardens and make every student an inmate.”

Schools acting like prisons. School officials acting like wardens. Students treated like inmates and punished like hardened criminals.

This is the end product of all those so-called school “safety” policies, which run the gamut from zero tolerance policies that punish all infractions harshly to surveillance cameras, metal detectors, random searches, drug-sniffing dogs, school-wide lockdowns, active-shooter drills and militarized police officers.

Paradoxically, instead of making the schools safer, school officials have succeeded in creating an environment in which children are so traumatized that they suffer from post-traumatic stress disorder, nightmares, anxiety, mistrust of adults in authority, as well as feelings of anger, depression, humiliation, despair and delusion.

Even in the face of parental outrage, lawsuits, legislative reforms, investigative reports and endless cases showing that these tactics are not working and “should never be used for punishment or discipline,” full-grown adults—police officers and teachers alike—insist that the reason they continue to handcuff, lock up and restrain little kids is because they fear for their safety and the safety of others.

“Fear for one’s safety” has become such a hackneyed and threadbare excuse for behavior that is inexcusable. Dig a little deeper and you’ll find that explanation covers a multitude of sins, whether it’s poorly trained police officers who shoot first and ask questions later, or school officials who are ill-equipped to deal with children who act like children, meaning they don’t always listen, they sometimes throw tantrums, and they have a hard time sitting still.

That’s not to say all schools are bad. In fact, there are a small but growing number of schools that are proactively switching to a policy of Positive Behavior Interventions and Supports (PBIS), which relies on the use of “engaging instruction, combined with acknowledgement or feedback of positive student behavior,” in order to reduce the need for unnecessary discipline and promote a climate of greater productivity, safety, and learning. One school in Pennsylvania for children with significant behavior challenges found that they were able to “reduce the use of physical restraint from approximately 1,000 incidents per year in 1998 to only three incidents total in 2012” after switching to a PBIS-oriented program. If exposed to this positive reinforcement early enough in school, by the time a student makes it to the third grade, little to no intervention is required.

Unfortunately, these schools are still in the minority in an age that values efficiency, expediency and conformity, where it’s often faster and easier to “lock down” a kid who won’t sit still, won’t follow orders, and won’t comply.

Certainly, this is a mindset we see all too often in the American police state.

So what’s the answer, not only for the here-and-now—the children growing up in these quasi-prisons—but for the future of this country? How do you convince a child who has been routinely handcuffed, shackled, tied down, locked up, and immobilized by government officials—all before he reaches the age of adulthood—that he has any rights at all, let alone the right to challenge wrongdoing, resist oppression and defend himself against injustice?

Most of all, as I point out in my book A Government of Wolves: The Emerging American Police State, how do you persuade a fellow American that the government works for him when for most of his young life, he has been incarcerated in an institution that teaches young people to be obedient and compliant citizens who don’t talk back, don’t question and don’t challenge authority?

Peter Gray, a professor of psychology at Boston College, believes that school is a prison that is damaging our kids, and it’s hard to disagree, especially with the numbers of police officers being assigned to schools on the rise. What this means, notes Mother Jones, is greater police “involvement in routine discipline matters that principals and parents used to address without involvement from law enforcement officers.”

Students, in turn, are not only finding themselves subjected to police tactics such as handcuffs, leg shackles, tasers and excessive force for “acting up” but are also being ticketed, fined and sent to court for behavior perceived as defiant, disruptive or disorderly such as spraying perfume and writing on a desk.

Clearly, the pathology that characterizes the American police state has passed down to the schools. Now in addition to the government and its agents viewing the citizenry as suspects to be probed, poked, pinched, tasered, searched, seized, stripped and generally manhandled, all with the general blessing of the court, our children in the public schools are also fair game.

What can be done?

Without a doubt, change is needed, but that will mean taking on the teachers’ unions, the school unions, the educators’ associations, and the police unions, not to mention the politicians dependent on their votes and all of the corporations that profit mightily from an industrial school complex.

As we’ve seen with other issues, any significant reforms will have to start locally and trickle upwards. For a start, parents need to be vocal, visible and organized and demand that school officials 1) adopt a policy of positive reinforcement in dealing with behavior issues; 2) minimize the presence in the schools of police officers and cease involving them in student discipline; and 3) insist that all behavioral issues be addressed first and foremost with a child’s parents, before any other disciplinary tactics are attempted.

“Children are the messages we send to a time we will not see,” Professor Neil Postman once wrote. If we do not rein in the police state’s influence in the schools, the future to which we are sending our children will be characterized by a brutal, totalitarian regime.

The U.S. Supreme Court: Marching in Lockstep with the Police State

Posted: January 19, 2015 in Uncategorized
Tags: civil liberties, Constitution, police, police state, u.s. supreme court

The U.S. Supreme Court was intended to be an institution established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet, as John W. Whitehead points out in this week’s vodcast, Americans can no longer rely on the courts to mete out justice. In the police state being erected around us, the police and other government agents can probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts.

‘You’re Either a Cop or Little People’: The American Police State in 2014

Posted: December 30, 2014 in Uncategorized
Tags: A Government of Wolves, asset forfeiture, cell phones, censorship, civil liberties, civil rights, Congress, Constitution, corporations, criminal behavior, criminalization, Declaration of Independence, Department of Homeland Security, dissidents, drones, drug-sniffing dogs, education, Elonis, Facebook, first amendment, florida v. harris, fourth amendment, GPS devices, militarized police, police, police shootings, police state

“You’re either a cop or little people.”—Police captain Harry Bryant in Blade Runner

For those of us who have managed to survive 2014 with our lives intact and our freedoms hanging by a thread, it has been a year of crackdowns, clampdowns, shutdowns, showdowns, shootdowns, standdowns, knockdowns, putdowns, breakdowns, lockdowns, takedowns, slowdowns, meltdowns, and never-ending letdowns.

We’ve been held up, stripped down, faked out, photographed, frisked, fracked, hacked, tracked, cracked, intercepted, accessed, spied on, zapped, mapped, searched, shot at, tasered, tortured, tackled, trussed up, tricked, lied to, labeled, libeled, leered at, shoved aside, saddled with debt not of our own making, sold a bill of goods about national security, tuned out by those representing us, tossed aside, and taken to the cleaners.

As I point out in my book A Government of Wolves: The Emerging American Police State, we’ve had our freedoms turned inside out, our democratic structure flipped upside down, and our house of cards left in a shambles.

We’ve had our children burned by flashbang grenades, our dogs shot, and our old folks hospitalized after “accidental” encounters with marauding SWAT teams. We’ve been told that as citizens we have no rights within 100 miles of our own border, now considered “Constitution-free zones.” We’ve had our faces filed in government databases, our biometrics crosschecked against criminal databanks, and our consumerist tendencies catalogued for future marketing overtures.

We’ve been given the runaround on government wrongdoing, starting with President Obama’s claim that the National Security Agency has never abused its power to spy on Americans’ phone calls and emails. All the while, the NSA has been racing to build a supercomputer that could break through “every kind of encryption used to protect banking, medical, business and government records around the world.” Despite the fact that the NSA’s domestic surveillance program has been shown to be ineffective at preventing acts of terrorism, the agency continues to vacuum up almost 200 million text messages a day.

We’ve seen the police transformed from community peacekeepers to point guards for the militarized corporate state. From Boston to Ferguson and every point in between, police have pushed around, prodded, poked, probed, scanned, shot and intimidated the very individuals—we the taxpayers—whose rights they were hired to safeguard. Networked together through fusion centers, police have surreptitiously spied on our activities and snooped on our communications, using hi-tech devices provided by the Department of Homeland Security.

We’ve been deemed suspicious for engaging in such dubious activities as talking too long on a cell phone and stretching too long before jogging, dubbed extremists and terrorists for criticizing the government and suggesting it is tyrannical or oppressive, and subjected to forced colonoscopies and anal probes for allegedly rolling through a stop sign.

We’ve been arrested for all manner of “crimes” that never used to be considered criminal, let alone uncommon or unlawful, behavior: letting our kids walk to the playground alone, giving loose change to a homeless man, feeding the hungry, and living off the grid.

We’ve been sodomized, victimized, jeopardized, demoralized, traumatized, stigmatized, vandalized, demonized, polarized and terrorized, often without having done anything to justify such treatment. Blame it on a government mindset that renders us guilty before we’ve even been charged, let alone convicted, of any wrongdoing. In this way, law-abiding individuals have had their homes mistakenly raided by SWAT teams that got the address wrong. One accountant found himself at the center of a misguided police standoff after surveillance devices confused his license plate with that of a drug felon.

We’ve been railroaded into believing that our votes count, that we live in a democracy, that elections make a difference, that it matters whether we vote Republican or Democrat, and that our elected officials are looking out for our best interests. Truth be told, we live in an oligarchy, politicians represent only the profit motives of the corporate state, whose leaders know all too well that there is no discernible difference between red and blue politics, because there is only one color that matters in politics—green.

We’ve gone from having privacy in our inner sanctums to having nowhere to hide, with smart pills that monitor the conditions of our bodies, homes that spy on us (with smart meters that monitor our electric usage and thermostats and light switches that can be controlled remotely) and cars that listen to our conversations and track our whereabouts. Even our cities have become wall-to-wall electronic concentration camps, with police now able to record hi-def video of everything that takes place within city limits.

We’ve had our schools locked down, our students handcuffed, shackled and arrested for engaging in childish behavior such as food fights, our children’s biometrics stored, their school IDs chipped, their movements tracked, and their data bought, sold and bartered for profit by government contractors, all the while they are treated like criminals and taught to march in lockstep with the police state.

We’ve been rendered enemy combatants in our own country, denied basic due process rights, held against our will without access to an attorney or being charged with a crime, and left to molder in jail until such a time as the government is willing to let us go or allow us to defend ourselves.

We’ve had the very military weapons we funded with our hard-earned tax dollars used against us, from unpiloted, weaponized drones tracking our movements on the nation’s highways and byways and armored vehicles, assault rifles, sound cannons and grenade launchers in towns with little to no crime to an arsenal of military-grade weapons and equipment given free of charge to schools and universities.

We’ve been silenced, censored and forced to conform, shut up in free speech zones, gagged by hate crime laws, stifled by political correctness, muzzled by misguided anti-bullying statutes, and pepper sprayed for taking part in peaceful protests.

We’ve been shot by police for reaching for a license during a traffic stop, reaching for a baby during a drug bust, carrying a toy sword down a public street, and wearing headphones that hamper our ability to hear.

We’ve had our tax dollars spent on $30,000 worth of Starbucks for Dept. of Homeland Security employees, $630,000 in advertising to increase Facebook “likes” for the State Dept., and close to $25 billion to fund projects ranging from the silly to the unnecessary, such as laughing classes for college students and programs teaching monkeys to play video games and gamble.

We’ve been treated like guinea pigs, targeted by the government and social media for psychological experiments on how to manipulate the masses. We’ve been tasered for talking back to police, tackled for taking pictures of police abuses, and threatened with jail time for invoking our rights. We’ve even been arrested by undercover cops stationed in public bathrooms who interpret men’s “shaking off” motions after urinating to be acts of lewdness.

We’ve had our possessions seized and stolen by law enforcement agencies looking to cash in on asset forfeiture schemes, our jails privatized and used as a source of cheap labor for megacorporations, our gardens smashed by police seeking out suspicious-looking marijuana plants, and our buying habits turned into suspicious behavior by a government readily inclined to view its citizens as terrorists.

We’ve had our cities used for military training drills, with Black Hawk helicopters buzzing the skies, Urban Shield exercises overtaking our streets, and active shooter drills wreaking havoc on unsuspecting bystanders in our schools, shopping malls and other “soft target” locations.

We’ve been told that national security is more important than civil liberties, that police dogs’ noses are sufficient cause to carry out warrantless searches, that the best way not to get raped by police is to “follow the law,” that what a police officer says in court will be given preference over what video footage shows, that an upright posture and acne are sufficient reasons for a cop to suspect you of wrongdoing, that police can stop and search a driver based solely on an anonymous tip, and that police officers have every right to shoot first and ask questions later if they feel threatened.

Now there are those who still insist that they are beyond the reach of the police state because they have done nothing wrong and have nothing to fear. To those sanctimonious few, secure in their delusions, let this be a warning: the danger posed by the American police state applies equally to all of us: lawbreaker and law abider alike, black and white, rich and poor, liberal and conservative, blue collar and white collar, and any other distinction you’d care to trot out.

The lesson of 2014 is simply this: in a police state, you’re either a cop or you’re one of the little people. Right now, we are the little people, the servants, the serfs, the grunts who must obey without question or suffer the consequences.

If there is to be any hope in 2015 for restoring our freedoms and reclaiming our runaway government, we will have to start by breathing life into those three powerful words that set the tone for everything that follows in the Constitution: “we the people.”

It’s time to stop waiting patiently for change to happen and, as Gandhi once advised, be the change you want to see in the world.

Get mad, get outraged, get off your duff and get out of your house, get in the streets, get in people’s faces, get down to your local city council, get over to your local school board, get your thoughts down on paper, get your objections plastered on protest signs, get your neighbors, friends and family to join their voices to yours, get your representatives to pay attention to your grievances, get your kids to know their rights, get your local police to march in lockstep with the Constitution, get your media to act as watchdogs for the people and not lapdogs for the corporate state, get your act together, and get your house in order.

In other words, get moving. Time is growing short, and the police state is closing in. Power to the people!

TRI Defends 8th Grader Body Slammed & Arrested by Police for Wearing Rosary Beads to School Football Game in Memory of Dead Brother

Posted: December 5, 2014 in Uncategorized
Tags: A Government of Wolves, chokehold, civil liberties, civil rights, criminal behavior, criminalization, Eric Garner, militarized police, police, police state, public schools, zero tolerance

AMARILLO, Texas — The Rutherford Institute has come to the defense of an eighth grader at Sam Houston Middle School (SHMS) who was allegedly slammed to the ground by police, lain on until he was left gasping for air, then arrested and held in a detention center overnight—all because he wore rosary beads in memory of his deceased brother to a school football game.

In challenging school officials and police over their treatment of Jacob Herrera, who had to be taken to a hospital as a result of the injuries inflicted by the arresting officer, The Rutherford Institute is asking the superintendent of the Amarillo Independent School District (AISD) to rectify the situation by rescinding the school’s ban on rosary beads, which clearly violates the First Amendment. Pointing out that Jacob did request and receive permission from the school principal to wear the rosary beads to the football game, Institute attorneys have also asked that AISD communicate to law enforcement officials the school’s belief that Jacob not be prosecuted for any of the unfounded charges being levied against him, and issue a public statement that the school district does not support or condone students being physically accosted in the manner Jacob was reportedly dealt with by the arresting officer, particularly where there was no threat of harm posed by the student and he was engaged in peaceful religious expression.

“Whether it’s a grown man placed in a chokehold by police for selling cigarettes, or a middle school student body slammed for wearing rosary beads to a football game, the end result is the same: Americans can no longer take for granted the possibility of peaceful, nonviolent, routine interactions with police,” said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “It’s our hope that school officials will affirm their support for young Jacob and, in so doing, send a strong message to the community that they will not condone such heavy-handed tactics being used against students on school grounds.”

According to Jacob’s mother, Jacob wears rosary beads given to him by his deceased brother and which have particular religious, spiritual, and sentimental value to him. Jacob is not affiliated with any gang and his wearing of the rosary beads is only an expression of his religious beliefs and his devotion to the memory of his lost brother. Indeed, the rosary is used in the Roman Catholic faith for prayers to the Virgin Mary and has clear religious significance. Because of its significance to him, earlier this year Jacob sought permission from SHMS administrators to wear the rosary necklace to school. However, Jacob was told he had to wear the rosary inside his clothing during school hours, because rosary beads, while not specifically prohibited by any AISD rule or policy, have been deemed “gang apparel” that is banned under AISD’s Student Handbook.

A Government of Wolves book cover Although Jacob reluctantly complied with the directive that he not wear the rosary beads openly at school, prior to SHMS’s October 29, 2014, football game, Jacob asked the school’s principal for permission to display the beads while at the game and was told by the principal that he could do so. Nonetheless, while at the game that Wednesday evening, Jacob was approached by a police officer who ordered Jacob to either remove the rosary necklace or leave the property. When Jacob refused due to the principal’s permission, the police officer reportedly slammed him to the ground, laid on him until Jacob was gasping for air, and forcibly arrested the teenager. Thereafter, Jacob was held in the detention center until following day, when he was released, but is still under restraints of his liberty due to conditions placed on his release by the County Court. In coming to Jacob’s defense, Rutherford Institute attorneys point out that the entire incident might never have happened if AISD’s policies regarding what constitutes gang apparel had not been so unconstitutionally vague.

LEGAL ACTION

Click here to read The Rutherford Institute’s letter to the AISD

America’s Children: The Trials of Growing Up in a Police State

Posted: December 3, 2014 in Uncategorized
Tags: active shooter drills, body cameras, flash bang grenades, police, police shootings, police state, President Obama, public schools, SWAT teams, TASER international

“It’s been three weeks since the flashbang exploded next to my sleeping baby, and he’s still covered in burns. There’s still a hole in his chest that exposes his ribs. After breaking down the door, throwing my husband to the ground, and screaming at my children, the officers – armed with M16s – filed through the house like they were playing war. They searched for drugs and never found any. I heard my baby wailing and asked one of the officers to let me hold him. He screamed at me to sit down and shut up and blocked my view, so I couldn’t see my son. I could see a singed crib. And I could see a pool of blood. The officers yelled at me to calm down and told me my son was fine, that he’d just lost a tooth. It was only hours later when they finally let us drive to the hospital that we found out Bou Bou was in the intensive burn unit and that he’d been placed into a medically induced coma.”—Alecia Phonesavanh, the mother of Baby Bou Bou

After a year dominated with news of police shootings of unarmed citizens (including children), SWAT team raids gone awry, photo ops of militarized police shouldering assault rifles while perched on top of armored vehicles, and reports on how the police are using asset forfeiture laws to pad their pockets with luxury cars, cash and other expensive toys, I find myself wrestling with the question: how do you prepare a child for life in the American police state, especially when it comes to interactions with police?

Do you parrot the government line, as the schools do, that police officers are community helpers who are to be trusted and obeyed at all times? Do you caution them to steer clear of a police officer, warning them that any interactions could have disastrous consequences? Or is there some happy medium between the two that, while being neither fairy tale nor horror story, can serve as a cautionary tale for young people who will encounter police at virtually every turn?

Children are taught from an early age that there are consequences for their actions. Hurt somebody, lie, steal, cheat, etc., and you will get punished. But how do you explain to a child that a police officer can shoot someone who was doing nothing wrong and get away with it? That a cop can lie, steal, cheat, or kill and still not be punished?

Kids understand accidents: sometimes drinks get spilled, dishes get broken, people slip and fall and hurt themselves, or you bump into someone without meaning to, and they get hurt. As long as it wasn’t intentional and done with malice, you forgive them and you move on. Police shootings of unarmed people—of children and old people and disabled people—can’t just be shrugged off as accidents, however.

Aiyana Jones was no accident. The 7-year-old was killed after a Detroit SWAT team launched a flash-bang grenade into her family’s apartment, broke through the door and opened fire, hitting the little girl who was asleep on the living room couch. The cops weren’t even in the right apartment.

Ironically, on the same day that President Obama refused to stop equipping police with the very same kinds of military weapons and gear used to raid Aiyana’s home, it was reported that the police officer who shot and killed the little girl would not face involuntary manslaughter charges.

Obama insists that $263 million to purchase body cameras for police will prevent any further erosions of trust, but a body camera would not have prevented Aiyana from being shot in the head. Indeed, the entire sorry affair was captured on camera: a TV crew was filming the raid for an episode of The First 48, a true-crime reality show in which homicide detectives have 48 hours to crack a case.

While that $263 million will make Taser International, the manufacturer of the body cameras, a whole lot richer, it’s doubtful it would have prevented a SWAT team from shooting 14-month-old Sincere in the shoulder and hand and killing his mother.

No body camera could have stopped a Georgia SWAT team from launching a flash-bang grenade into the house in which Baby Bou Bou, his three sisters and his parents were staying. The grenade landed in the 2-year-old’s crib, burning a hole in his chest and leaving him with scarring that a lifetime of surgeries will not be able to easily undo.

No body camera could have prevented 10-year-old Dakota Corbitt from being shot by a Georgia police officer who tried to shoot an inquisitive dog, missed, and hit the young boy, instead. Alberto Sepulveda, 11, died from one “accidental” shotgun round to the back, after a SWAT team raided his parents’ home.

Cleveland police shot and killed 12-year-old Tamir Rice, who was seen playing on a playground with a toy gun. Surveillance footage shows police shooting the boy after getting out of a moving patrol car. Thirteen-year-old Andy Lopez Cruz was shot 7 times in 10 seconds by a California police officer who mistook the boy’s toy gun for an assault rifle. Christopher Roupe, 17, was shot and killed after opening the door to a police officer. The officer, mistaking the Wii remote control in Roupe’s hand for a gun, shot him in the chest.

These children are more than grim statistics on a police blotter. They are the heartbreaking casualties of the government’s endless, deadly wars on terror, on drugs, and on the American people themselves. Not even the children who survive their encounters with police escape unscathed. Increasingly, their lives are daily lessons in compliance and terror, meted out with every SWAT team raid, roadside strip search, and school drill.

Who is calculating the damage being done to the young people forced to watch as their homes are trashed and their dogs are shot during SWAT team raids? A Minnesota SWAT team actually burst into one family’s house, shot the family’s dog, handcuffed the children and forced them to “sit next to the carcass of their dead and bloody pet for more than an hour.” They later claimed it was the wrong house.

More than 80% of American communities have their own SWAT teams, with 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.

Then there are the hands-on lessons being taught in the schools about the role of police in our lives, ranging from active shooter drills to incidents in which children are suspended, handcuffed, arrested and even tasered for what used to be considered childlike behavior.

Case in point: in Pennsylvania, a ten-year-old boy was suspended for shooting an imaginary “arrow” at a fellow classmate, using nothing more than his hands and his imagination. In Colorado, a six-year-old boy was suspended and accused of sexual harassment for kissing the hand of a girl in his class whom he had a crush on. In Alabama, a diabetic teenager was slammed into a filing cabinet and arrested after falling asleep during an in-school suspension. Seven North Carolina students were arrested for throwing water balloons as part of a school prank.

What is particularly chilling is how effective these lessons in compliance are in indoctrinating young people to accept their role in the police state, either as criminals or prison guards. For example, police officers at a Florida middle school carried out an active shooter drill in an effort to educate students about how to respond in the event of an actual shooting crisis. Two armed officers, guns loaded and drawn, burst into classrooms, terrorizing the students and placing the school into lockdown mode.

If these exercises are intended to instill fear and compliance into young people, they’re working.

Sociologist Alice Goffman understands how far-reaching the impact of such “exercises” can be on young people. For six years, Goffman lived in a low-income urban neighborhood, documenting the impact such an environment—a microcosm of the police state—on its residents. Her account of neighborhood children playing cops and robbers speaks volumes about how constant exposure to pat downs, strip searches, surveillance and arrests can result in a populace that meekly allows itself to be prodded, poked and stripped. As journalist Malcolm Gladwell writing for the New Yorker notes:

Goffman sometimes saw young children playing the age-old game of cops and robbers in the street, only the child acting the part of the robber wouldn’t even bother to run away: I saw children give up running and simply stick their hands behind their back, as if in handcuffs; push their body up against a car without being asked; or lie flat on the ground and put their hands over their head. The children yelled, “I’m going to lock you up! I’m going to lock you up, and you ain’t never coming home!” I once saw a six-year-old pull another child’s pants down to do a “cavity search.”

Clearly, our children are getting the message, but it’s not the message that was intended by those who fomented a revolution and wrote our founding documents. Their philosophy was that the police work for us, and “we the people” are the masters, and they are to be our servants. Now that has been turned on its head. Our so-called “servants” with badges are no longer held accountable to the same laws that we are. In their military gear and assault vehicles, they are allowed to operate above the law. In fact, their word is the law.

It’s getting harder by the day to tell young people that we live in a nation that values freedom and which is governed by the rule of law without feeling like a teller of tall tales. Yet as I point out in my book A Government of Wolves: The Emerging American Police State, unless something changes and soon for the young people growing up, there will be nothing left of freedom as we have known it but a fairy tale without a happy ending.

We Are the Enemy: Is This the Lesson of Ferguson?

Posted: November 25, 2014 in Uncategorized
Tags: A Government of Wolves, asset forfeiture, Boston Marathon explosion, civil liberties, civil rights, Constitution, Darren Wilson, Department of Homeland Security, dissidents, Ferguson, Ferguson grand jury, Michael Brown, police, police militarization, police state

If you dress police officers up as soldiers and you put them in military vehicles and you give them military weapons, they adopt a warrior mentality. We fight wars against enemies, and the enemies are the people who live in our cities—particularly in communities of color.—Thomas Nolan, criminology professor and former police officer

Should police officer Darren Wilson be held accountable for the shooting death of unarmed citizen Michael Brown in Ferguson, Missouri, on August 9, 2014?

That the police officer was white and his victim black should make no difference. In a perfect world, it would not matter. In an imperfect world such as ours, however, racism is an effective propaganda tool used by the government and the media to distract us from the real issues.

As a result, the national dialogue about the dangers of militarized, weaponized police officers being trained to act like soldiers on the battlefield, shooting first and asking questions later, has shifted into a largely unspoken debate over race wars, class perceptions and longstanding, deep-seated notions of who deserves our unquestioning loyalty and who does not.

Putting aside our prejudices, however, let’s not overlook the importance of Ferguson and this grand jury verdict. Tasked with determining whether Wilson should stand trial for Brown’s shooting, the grand jury ruled that the police officer will not face charges for the fatal shooting.

However, the greater question—whether anything will really change to rein in militarized police, police shootings, lack of accountability and oversight, and a military industrial complex with a vested interest in turning America into a war zone—remains unanswered.

Ferguson matters because it provides us with a foretaste of what is to come. It is the shot across the bow, so to speak, a warning that this is how we will all be treated if we do not tread cautiously in challenging the police state, and it won’t matter whether we’re black or white, rich or poor, Republican or Democrat. In the eyes of the corporate state, we are all the enemy.

This is the lesson of Ferguson.

Remember that in the wake of the shooting, Ferguson police officers clad in body armor, their faces covered with masks, equipped with assault rifles and snipers and riding armored vehicles, showed up in force to deal with protesters. Describing that show of force by police in Ferguson, Senator Claire McCaskill, Democrat of Missouri, stated, “This was a military force, and they were facing down an enemy.”

Yes, we are the enemy. As I point out in my book A Government of Wolves: The Emerging American Police State, since those first towers fell on 9/11, the American people have been treated like enemy combatants, to be spied on, tracked, scanned, frisked, searched, subjected to all manner of intrusions, intimidated, invaded, raided, manhandled, censored, silenced, shot at, locked up, and denied due process.

There was a moment of hope after Ferguson that perhaps things might change. Perhaps the balance would be restored between the citizenry and their supposed guardians, the police. Perhaps our elected officials would take our side for a change and oppose the militarization of the police. Perhaps warfare would take a backseat to more pressing national concerns.

That hope was short-lived.

It wasn’t long before the media moved on to other, more titillating stories. The disappearance of a University of Virginia college student and the search for her alleged abductor, the weeks-long man-hunt for an accused cop killer, the Republican electoral upset, a Rolling Stone expose on gang rapes at fraternity parties, Obama’s immigration amnesty plan, and the rape charges against Bill Cosby are just a few of the stories that have dominated the news cycle since the Ferguson standoff between police and protesters.

It wasn’t long before the American public, easily acclimated to news of government wrongdoing (case in point: the national yawn over the NSA’s ongoing domestic surveillance), ceased to be shocked, outraged or alarmed by reports of police shootings. In fact, the issue was nowhere to be found in this year’s run-up to Election Day, which was largely devoid of any pressing matters of national concern.

And with nary a hiccup, the police state marched steadily forth. In fact, aided and abetted by the citizenry’s short attention span, its easily distracted nature, and its desensitization to anything that occupies the news cycle for too long, it has been business as usual in terms of police shootings, the amassing of military weapons, and the government’s sanctioning of police misconduct. Most recently, Ohio police shot and killed a 12-year-old boy who was seen waving a toy gun at a playground.

Rubbing salt in our wounds, in the wake of Ferguson, police agencies not only continued to ramp up their military arsenals but have used them whenever possible. In fact, in anticipation of the grand jury’s ruling, St. Louis police actually purchased more equipment for its officers, including “civil disobedience equipment.”

Just a few weeks after the Ferguson showdown, law enforcement agencies took part in an $11 million manhunt in Pennsylvania for alleged cop killer Eric Frein. Without batting an eye, the news media switched from outraged “shock” over the military arsenal employed by police in Ferguson to respectful “awe” of the 48-day operation that cost taxpayers $1.4 million per week in order to carry out a round-the-clock dragnet search of an area with a 5-mile-radius.

The Frein operation brought together 1,000 officers from local, state and federal law enforcement, as well as SWAT teams and cutting edge military equipment (high-powered rifles, body armor, infrared sensors, armored trucks, helicopters and unmanned, silent surveillance blimps)—some of the very same weapons and tactics employed in Ferguson and, a year earlier, in Boston in the wake of the marathon bombing.

The manhunt was a well-timed, perfectly choreographed exercise in why Americans should welcome the police state: for our safety, of course, and to save the lives of police officers.

Opposed to any attempt to demilitarize America’s police forces, the Dept. of Homeland Security has been chanting this safety mantra in testimony before Congress: Remember 9/11. Remember Boston. Remember how unsafe the world was before police were equipped with automatic weapons, heavily armored trucks, night-vision goggles, and aircraft donated by the DHS.

Contrary to DHS rhetoric, however, militarized police—twitchy over perceived dangers, hyped up on their authority, and protected by their agencies, the legislatures and the courts—have actually made communities less safe at a time when violent crime is at an all-time low and lumberjacks, fishermen, airline pilots, roofers, construction workers, trash collectors, electricians and truck drivers all have a higher risk of on-the-job fatalities than police officers.

Moreover, as Senator Tom Coburn points out, the militarization of America’s police forces has actually “created some problems that wouldn’t have been there otherwise.” Among those problems: a rise in the use of SWAT team raids for routine law enforcement activities (averaging 80,000 a year), a rise in the use and abuse of asset forfeiture laws by police agencies, a profit-driven incentive to criminalize lawful activities and treat Americans as suspects, and a transformation of the nation’s citizenry into suspects.

Ferguson provided us with an opportunity to engage in a much-needed national dialogue over how police are trained, what authority they are given, what weaponry they are provided, and how they treat those whom they are entrusted with protecting.

Caught up in our personal politics, prejudices and class warfare, we have failed to answer that call. In so doing, we have played right into the hands of all those corporations who profit from turning America into a battlefield by selling the government mine-resistant vehicles, assault rifles, grenade launchers, and drones.

As long as we remain steeped in ignorance, there will be no reform.

As long as we remain divided by our irrational fear of each other, there will be no overhaul in the nation’s law enforcement system or institution of an oversight process whereby communities can ensure that local police departments are acting in accordance with their wishes and values.

And as long as we remain distracted by misguided loyalties to military operatives who are paid to play the part of the government’s henchmen, there will be no saving us when the events of Ferguson unfold in our own backyards.

When all is said and done, it doesn’t matter whose “side” you’re on as far as what transpired in Ferguson, whether you believe that Michael Brown was a victim or that Darren Wilson was justified in shooting first and asking questions later.

What matters is that we not allow politics and deep-rooted prejudices of any sort to divert our efforts to restore some level of safety, sanity and constitutional balance to the role that police officers play in our communities. If we fail to do so, we will have done a disservice to ourselves and every man, woman and child in this country who have become casualties of the American police state.

John W. Whitehead, Constitutional Attorney

Whitehead’s NEW Book: Battlefield America

A Government of Wolves

John W. Whitehead

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