Posts Tagged ‘police’

“The warlords of history are still kicking our heads in, and no one, not our fathers, not our Gods, is coming to save us.”— Journalist Ta-Nehisi Coates

The U.S. Supreme Court has ruled: it will not hear the case of Young v. Borders.

Despite the fact that a 26-year-old man was gunned down by police who banged on the wrong door at 1:30 am, failed to identify themselves as police, and then repeatedly shot and killed the innocent homeowner who answered the door while holding a gun in self-defense, the justices of the high court refused to intervene to address police misconduct.

Although 26-year-old Andrew Scott committed no crime and never fired a single bullet or lifted his firearm against police, only to be gunned down by police who were investigating a speeding incident by engaging in a middle-of-the-night “knock and talk” in Scott’s apartment complex, the Supreme Court refused to balance the scales between justice and injustice.

Despite the fact that police shot and killed nearly 1,000 people nationwide for the third year in a row (many of whom were unarmed, mentally ill, minors or were shot merely because militarized police who were armed to the hilt “feared” for their safety), the Supreme Court will not act to right the wrongs being meted out by the American police state.

Although “knock-and-talk” policing has become a thinly veiled, warrantless—lethal—exercise by which citizens are coerced and intimidated into “talking” with heavily armed police who “knock” on their doors in the middle of the night, the Supreme Court will not make the government play by the rules of the Constitution.

The lesson to be learned: the U.S. Supreme Court will not save us.

No one is coming to save us: not the courts, not the legislatures, and not the president.

According to journalist Michael Harriot:

More people died from police violence in 2017 than the total number of U.S. soldiers killed in action around the globe (21). More people died at the hands of police in 2017 than the number of black people who were lynched in the worst year of Jim Crow (161 in 1892). Cops killed more Americans in 2017 than terrorists did (four). They killed more citizens than airplanes (13 deaths worldwide), mass shooters (428 deaths) and Chicago’s “top gang thugs” (675 Chicago homicides).

Americans are dying at the hands of the police, and the U.S. government doesn’t care.

In Kansas, a prank caller placed a fake 911 call (the tactic is referred to as “swatting”) that prompted a SWAT team to open fire on a 28-year-old unarmed man who had been spending a quiet evening at home with his family. The man was shot dead within moments of appearing outside his home, clearly confused to find his home surrounded by police on all sides, guns pointed in his direction, and orders being shouted at him. Thus far, all the blame has rested with the prank caller and little with the cops who shot first and asked questions later.

In New York, a 68-year-old former Marine was shot and killed by police who did a welfare check on him after he accidentally set off his emergency medical alert device. Although Kenneth Chamberlain insisted he was fine, police refused to leave, eventually kicked open the door, zapping Chamberlain with a stun gun, shooting him with beanbag ammunition and then killing him with a pistol shot. The cops were not charged.

In Arizona, a police officer was acquitted after he shot an unarmed man outside his hotel room while the man cried, begged and pleaded for his life. As the Associated Press reports:

“The shooting occurred in the Phoenix suburb of Mesa after officers ordered Shaver to exit his hotel room, lie face-down in a hallway and refrain from making sudden movements — or risk being shot. Shaver, 26, sobbed as he begged police not to shoot and was ordered to crawl toward officers. As he inched forward, he reached toward the waistband of his shorts. Brailsford said he fired his rifle because he believed Shaver was grabbing a handgun in his waistband. While no gun was found on Shaver’s body…the detective investigating the shooting had agreed Shaver’s movement was similar to reaching for a pistol, but has said it also looked as though Shaver was pulling up his loose-fitting basketball shorts that had fallen down as he was ordered to crawl toward officers.”

It gets worse.

You see, it’s not just that the U.S. government appears unconcerned about the fact that Americans are dying at the hands of the police.

Right now, the U.S. government is actively doing everything in its power to ensure that the killing spree continues.

Take Jeff Sessions, for example.

While the president’s conveniently-timed tweets distract the public and dominate the headlines, his attorney general continues to bulldoze over the Constitution, knocking down what scant protections remain between the citizenry and the hydra-headed police state.

Within his first year as attorney general, Jeff Sessions has made a concerted effort to expand the police state’s power to search, strip, seize, raid, steal from, arrest and jail Americans for any infraction, no matter how insignificant.

What this means is more militarized police, more asset forfeiture, more private prisons, more SWAT team raids, more police shootings of unarmed citizens, and more wars waged by the government against the American people.

And while the crime rate may be falling, the death toll—casualties of the government’s war on the American people—is growing.

The body count will continue to mount as long as the courts continue to march in lockstep with the police state, as long as police unions continue to strong-arm politicians into letting police agencies get away with murder, as long as legislators continue to care more about getting re-elected than about protecting the rights of the citizenry, as long as police continue to treat their fellow citizens as enemy combatants on a battlefield, as long as the media continues to focus the spotlight on circus politics, and as long as the citizenry fail to be alarmed and outraged every time the police state shoots another hole in the Constitution.

Even so, it’s not just the police shootings that are cause for concern.

We are inching ever closer to a constitutional crisis the likes of which we have never seen before, and “we the people” are woefully unprepared and ill-equipped to deal with a government that is corrupt, topsy turvy, unjust, immoral, illegal, brutal, violent, war-hungry, greedy, biased, imbalanced, unaccountable, non-transparent, fascist and as illegitimate as they come.

Where do we go from here?

We’ve been through troubled times before.

In fact, it was 50 years ago this year, in 1968, when the country was buffeted by assassinations, riots and protests: “The assassinations of the Rev. Martin Luther King Jr. and Robert F. Kennedy. The riots that shook Washington, Chicago, Baltimore and other U.S. cities. Campus protests. Civil rights protests. Vietnam War protests. The Tet Offensive. The My Lai massacre. The rise of Richard Nixon and the retreat of Lyndon Johnson.”

Fifty years later, we’re no better off.

The nation is still being buffeted by economic instability, racial inequality, injustice, police brutality, government misconduct and a rising discontent on the part of the populace.

I can’t help but wonder what Martin Luther King Jr. would have to say to about his dream today.

Certainly, the reality we must contend with is far different from King’s dream of a world without racism, militarism and materialism: America has become a ticking time bomb of racial unrest and injustice, police militarization, surveillance, government corruption and ineptitude, the blowback from a battlefield mindset and endless wars abroad, and a growing economic inequality between the haves and have nots.

King himself—in life, a hard-talking, charismatic leader, voice of authority, and militant, nonviolent activist minister/peace warrior who staged sit-ins, boycotts and marches and lived through police attack dogs, water cannons and jail cells—has been so watered down in death that younger generations recognize his face but know very little about his message.

Yet King had a lot to say that remains relevant to our day and age.

“Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed.”

“Nonviolence is the answer to the crucial political and moral questions of our time — the need for mankind to overcome oppression and violence without resorting to violence and oppression.”

“The arc of the moral universe is long but it bends toward justice.”

“We can no longer afford to worship the god of hate or bow before the altar of retaliation.”

“We are now faced with the fact that tomorrow is today. We are confronted with the fierce urgency of now. In this unfolding conundrum of life and history there is such a thing as being too late. Procrastination is still the thief of time. Life often leaves us standing bare, naked, and dejected with a lost opportunity. The tide in the affairs of men does not remain at flood — it ebbs. We may cry out desperately for time to pause in her passage, but time is adamant to every plea and rushes on. Over the bleached bones and jumbled residues of numerous civilizations are written the pathetic words, ‘Too late.’”

We cannot afford to wait until it is “too late.”

This is no time to stand silently on the sidelines. It’s a time for anger and reform. Most importantly, it’s a time for making ourselves heard. And there is no better time to act than the present.

As Robert F. Kennedy reminded his listeners in a speech delivered at the University of Cape Town in 1966, “Hand in hand with freedom of speech goes the power to be heard, to share in the decisions of government which shape men’s lives. Everything that makes man’s life worthwhile—family, work, education, a place to rear one’s children and a place to rest one’s head—all this depends on decisions of government; all can be swept away by a government which does not heed the demands of its people.”

What can ordinary citizens do?

As I make clear in my book Battlefield America: The War on the American People, instead of sitting around and waiting for someone else to change things, take charge. Never discount the part that everyday citizens play in our nation’s future. You can change things, but there can be no action without education. Get educated about your rights and exercise them. Start by reading the Bill of Rights. You can do so online at http://www.rutherford.org. Or, if you want a copy to keep with you, email me at staff@rutherford.org and I’ll send you a free one.

Most important of all, just get out there and do your part to make sure that your government officials hear you. The best way to ensure that happens is by never giving up, never backing down, and never remaining silent. To quote Dr. King, “If you can’t fly, run; if you can’t run, walk; if you can’t walk, crawl, but by all means keep moving.”

It doesn’t matter whether you’re protesting the economy, the war, the environment or something else altogether. What matters is that you do your part. As that great revolutionary firebrand Samuel Adams pointed out, “It does not require a majority to prevail, but rather an irate, tireless minority keen to set brushfires in people’s minds.”

Take some time right now and start your own brushfire for freedom. Learn about the issues and then take a stand: attend local government meetings, contact your representatives, raise awareness within your community, and generally make your voice heard.

It’s midnight in America right now. But the real question is, will there be a dawn?

That’s up to you and me. The future is in our hands.

WC: 1958

ABOUT JOHN W. WHITEHEAD

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

PUBLICATION GUIDELINES / REPRINT PERMISSION

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission. This commentary originally appeared at https://www.rutherford.org/publications_resources/john_whiteheads_commentary/justice_denied_the_government_is_not_going_to_save_us

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Talk about a double standard.

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

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

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

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

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

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

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

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

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

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

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

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

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

Now don’t get me wrong.

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

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

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

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

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

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

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

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

WC:  2042

ABOUT JOHN W. WHITEHEAD

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

PUBLICATION GUIDELINES / REPRINT PERMISSION

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

 

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

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

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

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

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

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

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

Clearly, it no longer matters where you live.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It is happening here.

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

We’ve learned the lessons of compliance too well.

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

As historian Howard Zinn recognized:

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

What can you do?

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

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

Stop being a slave.

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

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

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

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

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

As Glenn Greenwald notes for the Guardian:

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

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

WC: 1952

ABOUT JOHN W. WHITEHEAD

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

PUBLICATION GUIDELINES / REPRINT PERMISSION

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Still police failed to identify themselves.

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

So who was at fault here?

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

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

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

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

What happened to Andrew Scott was not an isolated incident.

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

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

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

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

The goal is intimidation and coercion.

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

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

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

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

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

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

It wasn’t always this way, however.

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

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

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

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

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

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

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

Clearly, we don’t live in a democracy.

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

WC: 1845

ABOUT JOHN W. WHITEHEAD

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

PUBLICATION GUIDELINES / REPRINT PERMISSION

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

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How does the government know which travelers to target?

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

Starting to notice a pattern?

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

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

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

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

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

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

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

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

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

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

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

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

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

So what’s to be done?

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

Our freedoms aren’t just being trampled, however.

They’re being eviscerated.

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

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

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

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

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

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

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

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

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

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

Enough is enough.

WC: 2345

ABOUT JOHN W. WHITEHEAD

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

PUBLICATION GUIDELINES / REPRINT PERMISSION

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

 

 

We don’t need no education
We don’t need no thought control
No dark sarcasm in the classroom
Teachers leave them kids alone…
All in all it’s just another brick in the wall
All in all you’re just another brick in the wall.
—Pink Floyd, “Another Brick in the Wall”

The nation’s young people have been given front-row seats for an unfolding police drama that is rated R for profanity, violence and adult content.

In Arizona, a 7-year-old girl watched panic-stricken as a state trooper pointed his gun at her and her father during a traffic stop and reportedly threatened to shoot her father in the back (twice) based on the mistaken belief that they were driving a stolen rental car.

In Oklahoma, a 5-year-old boy watched as a police officer used a high-powered rifle to shoot his dog Opie multiple timesin his family’s backyard while other children were also present. The police officer was mistakenly attempting to deliver a warrant on a 10-year-old case for someone who hadn’t lived at that address in a decade.

In Maryland, a 5-year-old boy was shot when police exchanged gunfire with the child’s mother—eventually killing her—over a dispute that began when Korryn Gaines refused to accept a traffic ticket for driving without a license plate on her car.

It’s difficult enough raising a child in a world ravaged by war, disease, poverty and hate, but when you add the police state into the mix, it becomes near impossible to guard against the growing unease that some of the monsters of our age come dressed in government uniforms.

The lesson being taught to our youngest—and most impressionable—citizens is this: in the American police state, you’re either a prisoner (shackled, controlled, monitored, ordered about, limited in what you can do and say, your life not your own) or a prison bureaucrat (politician, police officer, judge, jailer, spy, profiteer, etc.).

Unfortunately, now that school is back in session, life is that much worse for the children of the American police state.

The nation’s public schools—extensions of the world beyond the schoolhouse gates, a world that is increasingly hostile to freedom—have become microcosms of the American police state, containing almost every aspect of the militarized, intolerant, senseless, overcriminalized, legalistic, surveillance-riddled, totalitarian landscape that plagues those of us on the “outside.”

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

Most students are not so lucky.

From the moment a child enters one of the nation’s 98,000 public schools to the moment he or she graduates, they will be exposed to a steady diet of

  • draconian zero tolerance policies that criminalize childish behavior,
  • overreaching anti-bullying statutes that criminalize speech,
  • school resource officers (police) tasked with disciplining and/or arresting so-called “disorderly” students,
  • standardized testing that emphasizes rote answers over critical thinking,
  • politically correct mindsets that teach young people to censor themselves and those around them,
  • and extensive biometric and surveillance systems that, coupled with the rest, acclimate young people to a world in which they have no freedom of thought, speech or movement.

Clearly, instead of making the schools safer, we have managed to make them more authoritarian.

Young people in America are now first in line to be searched, surveilled, spied on, threatened, tied up, locked down, treated like criminals for non-criminal behavior, tasered and in some cases shot.

Roped into the government’s profit-driven campaign to keep the nation “safe” from drugs, weapons and terrorism, the schools have transformed themselves into quasi-prisons, complete with surveillance cameras, metal detectors, police patrols, zero tolerance policies, lock downs, drug sniffing dogs, strip searches and active shooter drills.

It used to be that if you talked back to a teacher, or played a prank on a classmate, or just failed to do your homework, you might find yourself in detention or doing an extra writing assignment after school.

That is no longer the case.

Nowadays, students are not only punished for minor transgressions such as playing cops and robbers on the playground, bringing LEGOs to school, or having a food fight, but the punishments have become far more severe, shifting from detention and visits to the principal’s office into misdemeanor tickets, juvenile court, handcuffs, tasers and even prison terms.

Students have been suspended under school zero tolerance policies for bringing to school “look alike substances” such as oreganobreath mints, birth control pills and powdered sugar.

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

Look-alike weapons (toy guns—even Lego-sized ones, hand-drawn pictures of guns, pencils twirled in a “threatening” manner, imaginary bows and arrows, even fingers positioned like guns) can also land a student in hot water.

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

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

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

In South Carolina, where it’s against the law to disturb a school, more than a thousand students a year—some as young as 7 years old—“face criminal charges for not following directions, loitering, cursing, or the vague allegation of acting ‘obnoxiously.’ If charged as adults, they can be held in jail for up to 90 days.”

Moreover, just as militarized police who look, think and act like soldiers on a battlefield have made our communities less safe, the growing presence of police in the nation’s schools is resulting in environments in which it’s no longer safe for children to act like children.

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

The horror stories are legion.

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

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

Now advocates for such harsh police tactics and weaponry will tell you that school safety should be our first priority.

What they might fail to mention in their zeal to lock down the schools are the lucrative, multi-million dollar deals being cut with military contractors to equip school cops with tasers, tanks, rifles and $100,000 shooting detection systems.

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

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

The term “school-to-prison pipeline” refers to a phenomenon in which children who are suspended or expelled from school have a greater likelihood of ending up in jail.

What we’re grappling with, you see, is not merely a public school system that resembles a prison and is treating young people like prisoners but also a profit-driven system of incarceration has given rise to a growth in juvenile prisons and financial incentives for jailing young people.

Indeed, young people have become easy targets for the private prison industry, which profits from criminalizing childish behavior and jailing young people. Nearly 40 percent of young people who are arrested will serve time in a private prison, where the emphasis is on making profits for large megacorporations above all else.

It has been said that America’s schools are the training ground for future generations.

Instead of raising up a generation of freedom fighters, however, we seem to be busy churning out newly minted citizens of the American police state who are being taught the hard way what it means to comply, fear and march in lockstep with the government’s dictates.

As I point out in my book Battlefield America: The War on the American People, it’s getting harder by the day to convince young people that we live in a nation that values freedom and which is governed by the rule of law.

Battlefield_Cover_300With every school police raid and overzealous punishment that is carried out in the name of school safety, the lesson being imparted is that Americans—especially young people—have no rights at all against the state or the police.

The bottom line is this: if you want a nation of criminals, treat the citizenry like criminals.

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

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

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

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“There is nothing more dangerous than a government of the many controlled by the few.”—Lawrence Lessig, Harvard law professor

The U.S. government remains the greatest threat to our freedoms.

The systemic violence being perpetrated by agents of the government has done more collective harm to the American people and our liberties than any single act of terror.

More than terrorism, more than domestic extremism, more than gun violence and organized crime, the U.S. government has become a greater menace to the life, liberty and property of its citizens than any of the so-called dangers from which the government claims to protect us.

This is how tyranny rises and freedom falls.

Battlefield_Cover_300As I explain in my book Battlefield America: The War on the American People, when the government views itself as superior to the citizenry, when it no longer operates for the benefit of the people, when the people are no longer able to peacefully reform their government, when government officials cease to act like public servants, when elected officials no longer represent the will of the people, when the government routinely violates the rights of the people and perpetrates more violence against the citizenry than the criminal class, when government spending is unaccountable and unaccounted for, when the judiciary act as courts of order rather than justice, and when the government is no longer bound by the laws of the Constitution, then you no longer have a government “of the people, by the people and for the people.”

What we have is a government of wolves.

Worse than that, we are now being ruled by a government of scoundrels, spies, thugs, thieves, gangsters, ruffians, rapists, extortionists, bounty hunters, battle-ready warriors and cold-blooded killers who communicate using a language of force and oppression.

Does the government pose a danger to you and your loved ones?

The facts speak for themselves.

We’re being held at gunpoint by a government of soldiers—a standing army. While Americans are being made to jump through an increasing number of hoops in order to exercise their Second Amendment right to own a gun, the government is arming its own civilian employees to the hilt with guns, ammunition and military-style equipment, authorizing them to make arrests, and training them in military tactics. Among the agencies being supplied with night-vision equipment, body armor, hollow-point bullets, shotguns, drones, assault rifles and LP gas cannons are the Smithsonian, U.S. Mint, Health and Human Services, IRS, FDA, Small Business Administration, Social Security Administration, National Oceanic and Atmospheric Administration, Education Department, Energy Department, Bureau of Engraving and Printing and an assortment of public universities. There are now reportedly more bureaucratic (non-military) government civilians armed with high-tech, deadly weapons than U.S. Marines. That doesn’t even begin to touch on the government’s arsenal, the transformation of local police into extensions of the military, and the speed with which the nation could be locked down under martial law depending on the circumstances. Clearly, the government is preparing for war—and a civil war, at that—but who is the enemy?

We’re being robbed blind by a government of thieves. Americans no longer have any real protection against government agents empowered to seize private property at will. For instance, police agencies under the guise of asset forfeiture laws are taking property based on little more than a suspicion of criminal activity. In one case, police seized $53,000 from the manager of a Christian rock band that was touring and raising money for an orphanage in Thailand. Despite finding no evidence of wrongdoing, police kept the money. Homeowners are losing their homes over nonpayment of taxes (for as little as $400 owed) and municipal bills such as water or sewer fees that amount to a fraction of what they have invested in their homes. And then there’s the Drug Enforcement Agency, which has been searching train and airline passengers and pocketing their cash, without ever charging them with a crime.

We’re being taken advantage of by a government of scoundrels, idiots and cowards. American satirist H.L. Mencken calculated that “Congress consists of one-third, more or less, scoundrels; two-thirds, more or less, idiots; and three-thirds, more or less, poltroons.” By and large, Americans seem to agree. When you’ve got government representatives who spend a large chunk of their work hours fundraising, being feted by lobbyists, shuffling through a lucrative revolving door between public service and lobbying, and making themselves available to anyone with enough money to secure access to a congressional office, you’re in the clutches of a corrupt oligarchy. Mind you, these same elected officials rarely read the legislation they’re enacting, nor do they seem capable of enacting much legislation that actually helps rather than hinders the plight of the American citizen.

We’re being locked up by a government of greedy jailers. We have become a carceral state, spending three times more on our prisons than on our schools and imprisoning close to a quarter of the world’s prisoners, despite the fact that crime is at an all-time low and the U.S. makes up only 5% of the world’s population. The rise of overcriminalization and profit-driven private prisons provides even greater incentives for locking up American citizens for such non-violent “crimes” as having an overgrown lawn.  As the Boston Review points out, “America’s contemporary system of policing, courts, imprisonment, and parole … makes money through asset forfeiture, lucrative public contracts from private service providers, and by directly extracting revenue and unpaid labor from populations of color and the poor. In states and municipalities throughout the country, the criminal justice system defrays costs by forcing prisoners and their families to pay for punishment. It also allows private service providers to charge outrageous fees for everyday needs such as telephone calls. As a result people facing even minor criminal charges can easily find themselves trapped in a self-perpetuating cycle of debt, criminalization, and incarceration.”

We’re being spied on by a government of Peeping Toms. The government is watching everything you do, reading everything you write, listening to everything you say, and monitoring everything you spend. Omnipresent surveillance is paving the way for government programs that profile citizens, document their behavior and attempt to predict what they might do in the future, whether it’s what they might buy, what politician they might support, or what kinds of crimes they might commit. The impact of this far-reaching surveillance, according to Psychology Today, is “reduced trust, increased conformity, and even diminished civic participation.” As technology analyst Jillian C. York concludes, “Mass surveillance without due process—whether undertaken by the government of Bahrain, Russia, the US, or anywhere in between—threatens to stifle and smother that dissent, leaving in its wake a populace cowed by fear.”

We’re being ravaged by a government of ruffians, rapists and killers. It’s not just the police shootings of unarmed citizens that are worrisome. It’s the SWAT team raids gone wrong that are leaving innocent citizens wounded, children terrorized and family pets killed. It’s the roadside strip searches—in some cases, cavity searches of men and women alike carried out in full view of the public—in pursuit of drugs that are never found. It’s the potentially lethal—and unwarranted—use of so-called “nonlethal” weapons such as tasers on children for “mouthing off to a police officer. For trying to run from the principal’s office. For, at the age of 12, getting into a fight with another girl.”

We’re being forced to surrender our freedoms—and those of our children—to a government of extortionists, money launderers and professional pirates. The American people have been repeatedly sold a bill of goods about how the government needs more money, more expansive powers, and more secrecy (secret courts, secret budgets, secret military campaigns, secret surveillance) in order to keep us safe. Under the guise of fighting its wars on terror, drugs and now domestic extremism, the government has spent billions in taxpayer dollars on endless wars that have notended terrorism but merely sown the seeds of blowback, surveillance programs that have caught few terrorists while subjecting all Americans to a surveillance society, and militarized police that have done little to decrease crime while turning communities into warzones. Not surprisingly, the primary ones to benefit from these government exercises in legal money laundering have been the corporations, lobbyists and politicians who inflict them on a trusting public.

Whatever else it may be—a danger, a menace, a threat—the U.S. government is certainly no friend to freedom.

To our detriment, the criminal class that Mark Twain mockingly referred to as Congress has since expanded to include every government agency that feeds off the carcass of our once-constitutional republic. In fact, there’s a very good reason you don’t hear much in the way of specifics about the government’s tyranny from politicians: it’s because they can’t afford to upset the apple cart (i.e., jeopardize their posh lifestyles).

So no matter which party wins the White House, controls Congress or appoints future Supreme Court justices, rest assured that the menace of the shadow government—the permanent, unelected bureaucracy that operates beyond the reach of the Constitution, the courts and the citizenry—will continue uninterrupted.

Our backs are against the proverbial wall.

The government and its cohorts have conspired to ensure that the only real recourse the American people have to express their displeasure with the government is through voting, which is no real recourse at all. The penalties for civil disobedience, whistleblowing and rebellion are severe. If you refuse to pay taxes for government programs you believe to be immoral or illegal, you will go to jail. If you attempt to overthrow the government—or any agency thereof—because you believe it has overstepped its reach, you will go to jail. If you attempt to blow the whistle on government misconduct, there’s a pretty good chance you will go to jail.

For too long, the American people have been made to act like puppets dancing to a tyrant’s tune.

We have obeyed the government’s dictates, no matter now extreme. We have paid its taxes, penalties and fines, no matter how outrageous. We have tolerated its indignities, insults and abuses, no matter how egregious. We have turned a blind eye to its indiscretions and incompetence, no matter how imprudent. We have held our silence in the face of its lawlessness, licentiousness and corruption, no matter how illicit.

We have suffered.

How long we will continue to suffer depends on how much we’re willing to give up for the sake of freedom.

America’s founders provided us with a very specific explanation about the purpose of government and a roadmap for what to do when the government abuses its authority, ignores our objections, and establishes itself as a tyrant.

We must choose between peaceful slavery (in other words, maintaining the status quo in servitude to the police state) and dangerous freedom. That will mean carving out a path in which we begin to take ownership of our government, starting at the local level, challenging the status quo, and raising hell whenever a government official steps out of line.