Posts Tagged ‘police’

“Since when have we Americans been expected to bow submissively to authority and speak with awe and reverence to those who represent us? The constitutional theory is that we the people are the sovereigns, the state and federal officials only our agents. We who have the final word can speak softly or angrily. We can seek to challenge and annoy, as we need not stay docile and quiet.”—Justice William O. Douglas, dissenting, Colten v. Kentucky, 407 U.S. 104 (1972)

Forget everything you’ve ever been taught about free speech in America.

It’s all a lie.

There can be no free speech for the citizenry when the government speaks in a language of force.

What is this language of force?

Militarized police. Riot squads. Camouflage gear. Black uniforms. Armored vehicles. Mass arrests. Pepper spray. Tear gas. Batons. Strip searches. Surveillance cameras. Kevlar vests. Drones. Lethal weapons. Less-than-lethal weapons unleashed with deadly force. Rubber bullets. Water cannons. Stun grenades. Arrests of journalists. Crowd control tactics. Intimidation tactics. Brutality.

This is not the language of freedom.

This is not even the language of law and order.

This is the language of force.

Unfortunately, this is how the government at all levels—federal, state and local—now responds to those who choose to exercise their First Amendment right to peacefully assemble in public and challenge the status quo.

This police overkill isn’t just happening in troubled hot spots such as Ferguson, Mo., and Baltimore, Md., where police brutality gave rise to civil unrest, which was met with a militarized show of force that caused the whole stew of discontent to bubble over into violence.

A decade earlier, the NYPD engaged in mass arrests of peaceful protesters, bystanders, legal observers and journalists who had gathered for the 2004 Republican National Convention. The protesters were subjected to blanket fingerprinting and detained for more than 24 hours at a “filthy, toxic pier that had been a bus depot.” That particular exercise in police intimidation tactics cost New York City taxpayers nearly $18 million for what would become the largest protest settlement in history.

Demonstrators, journalists and legal observers who had gathered in North Dakota to peacefully protest the Dakota Access Pipeline reported being pepper sprayed, beaten with batons, and strip searched by police.

In the college town of Charlottesville, Va., protesters who took to the streets to peacefully express their disapproval of a planned KKK rally were held at bay by implacable lines of gun-wielding riot police. Only after a motley crew of Klansmen had been safely escorted to and from the rally by black-garbed police did the assembled army of city, county and state police declare the public gathering unlawful and proceed to unleash canisters of tear gas on the few remaining protesters to force them to disperse.

More recently, this militarized exercise in intimidation—complete with an armored vehicle and an army of police drones—reared its ugly head in the small town of Dahlonega, Ga., where 600 state and local militarized police clad in full riot gear vastly outnumbered the 50 protesters and 150 counterprotesters who had gathered to voice their approval/disapproval of the Trump administration’s policies.

To be clear, this is the treatment being meted out to protesters across the political spectrum.

The police state does not discriminate.

As a USA Today article notes, “Federally arming police with weapons of war silences protesters across all justice movements… People demanding justice, demanding accountability or demanding basic human rights without resorting to violence, should not be greeted with machine guns and tanks. Peaceful protest is democracy in action. It is a forum for those who feel disempowered or disenfranchised. Protesters should not have to face intimidation by weapons of war.”

A militarized police response to protesters poses a danger to all those involved, protesters and police alike. In fact, militarization makes police more likely to turn to violence to solve problems.

As a study by researchers at Stanford University makes clear, “When law enforcement receives more military materials — weapons, vehicles and tools — it becomes … more likely to jump into high-risk situations. Militarization makes every problem — even a car of teenagers driving away from a party — look like a nail that should be hit with an AR-15 hammer.”

Even the color of a police officer’s uniform adds to the tension. As the Department of Justice reports, “Some research has suggested that the uniform color can influence the wearer—with black producing aggressive tendencies, tendencies that may produce unnecessary conflict between police and the very people they serve.”

You want to turn a peaceful protest into a riot?

Bring in the militarized police with their guns and black uniforms and warzone tactics and “comply or die” mindset. Ratchet up the tension across the board. Take what should be a healthy exercise in constitutional principles (free speech, assembly and protest) and turn it into a lesson in authoritarianism.

Mind you, those who respond with violence are playing into the government’s hands perfectly.

The government wants a reason to crack down and lock down and bring in its biggest guns.

They want us divided. They want us to turn on one another.

They want us powerless in the face of their artillery and armed forces.

They want us silent, servile and compliant.

They certainly do not want us to remember that we have rights, let alone attempting to exercise those rights peaceably and lawfully.

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

You know how one mayor characterized the tear gassing of protesters by riot police? He called it an “unfortunate event.”

Unfortunate, indeed.

You know what else is unfortunate?

It’s unfortunate that these overreaching, heavy-handed lessons in how to rule by force have become standard operating procedure for a government that communicates with its citizenry primarily through the language of brutality, intimidation and fear.

It’s unfortunate that “we the people” have become the proverbial nails to be hammered into submission by the government and its vast armies.

And it’s particularly unfortunate that government officials—especially police—seem to believe that anyone who wears a government uniform (soldier, police officer, prison guard) must be obeyed without question.

In other words, “we the people” are the servants in the government’s eyes rather than the masters.

The government’s rationale goes like this:

Do exactly what I say, and we’ll get along fine. Do not question me or talk back in any way. You do not have the right to object to anything I may say or ask you to do, or ask for clarification if my demands are unclear or contradictory. You must obey me under all circumstances without hesitation, no matter how arbitrary, unreasonable, discriminatory, or blatantly racist my commands may be. Anything other than immediate perfect servile compliance will be labeled as resisting arrest, and expose you to the possibility of a violent reaction from me. That reaction could cause you severe injury or even death. And I will suffer no consequences. It’s your choice: Comply, or die.

Indeed, as Officer Sunil Dutta of the Los Angeles Police Department advises:

If you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, just do what I tell you. Don’t argue with me, don’t call me names, don’t tell me that I can’t stop you, don’t say I’m a racist pig, don’t threaten that you’ll sue me and take away my badge. Don’t scream at me that you pay my salary, and don’t even think of aggressively walking towards me.

This is not the rhetoric of a government that is of the people, by the people, and for the people.

This is not the attitude of someone who understands, let alone respects, free speech.

And this is certainly not what I would call “community policing,” which is supposed to emphasize the importance of the relationship between the police and the community they serve.

Indeed, this is martial law masquerading as law and order.

Any police officer who tells you that he needs tanks, SWAT teams, and pepper spray to do his job shouldn’t be a police officer in a constitutional republic.

All that stuff in the First Amendment (about freedom of speech, religion, press, peaceful assembly and the right to petition the government for a redress of grievances) sounds great in theory. However, it amounts to little more than a hill of beans if you have to exercise those freedoms while facing down an army of police equipped with deadly weapons, surveillance devices, and a slew of laws that empower them to arrest and charge citizens with bogus “contempt of cop” charges (otherwise known as asserting your constitutional rights).

It doesn’t have to be this way.

There are other, far better models to follow.

For instance, back in 2011, the St. Louis police opted to employ a passive response to Occupy St. Louis activists. First, police gave the protesters nearly 36 hours’ notice to clear the area, as opposed to the 20 to 60 minutes’ notice other cities gave. Then, as journalist Brad Hicks reports, when the police finally showed up:

They didn’t show up in riot gear and helmets, they showed up in shirt sleeves with their faces showing. They not only didn’t show up with SWAT gear, they showed up with no unusual weapons at all, and what weapons they had all securely holstered. They politely woke everybody up. They politely helped everybody who was willing to remove their property from the park to do so. They then asked, out of the 75 to 100 people down there, how many people were volunteering for being-arrested duty? Given 33 hours to think about it, and 10 hours to sweat it over, only 27 volunteered. As the police already knew, those people’s legal advisers had advised them not to even passively resist, so those 27 people lined up to be peacefully arrested, and were escorted away by a handful of cops. The rest were advised to please continue to protest, over there on the sidewalk … and what happened next was the most absolutely brilliant piece of crowd control policing I have heard of in my entire lifetime. All of the cops who weren’t busy transporting and processing the voluntary arrestees lined up, blocking the stairs down into the plaza. They stood shoulder to shoulder. They kept calm and silent. They positioned the weapons on their belts out of sight. They crossed their hands low in front of them, in exactly the least provocative posture known to man. And they peacefully, silently, respectfully occupied the plaza, using exactly the same non-violent resistance techniques that the protesters themselves had been trained in.

As Forbes concluded, “This is a more humane, less costly, and ultimately more productive way to handle a protest. This is great proof that police can do it the old fashioned way – using their brains and common sense instead of tanks, SWAT teams, and pepper spray – and have better results.”

It can be done.

Police will not voluntarily give up their gadgets and war toys and combat tactics, however. Their training and inclination towards authoritarianism has become too ingrained.

If we are to have any hope of dismantling the police state, change must start locally, community by community. Citizens will have to demand that police de-escalate and de-militarize. And if the police don’t listen, contact your city councils and put the pressure on them.

Remember, they are supposed to work for us. They might not like hearing it—they certainly won’t like being reminded of it—but we pay their salaries with our hard-earned tax dollars.

“We the people” have got to stop accepting the lame excuses trotted out by police as justifications for their inexcusable behavior.

Either “we the people” believe in free speech or we don’t.

Either we live in a constitutional republic or a police state.

We have rights.

As Justice William O. Douglas advised in his dissent in Colten v. Kentucky, “we need not stay docile and quiet” in the face of authority.

The Constitution does not require Americans to be servile or even civil to government officials.

Neither does the Constitution require obedience (although it does insist on nonviolence).

This emphasis on nonviolence goes both ways. Somehow, the government keeps overlooking this important element in the equation.

There is nothing safe or secure or free about exercising your rights with a rifle pointed at you.

The police officer who has been trained to shoot first and ask questions later, oftentimes based only on their highly subjective “feeling” of being threatened, is just as much of a danger—if not more—as any violence that might erupt from a protest rally.

Compliance is no guarantee of safety.

Then again, as I point out in my book Battlefield America: The War on the American People, if we just cower before government agents and meekly obey, we may find ourselves following in the footsteps of those nations that eventually fell to tyranny.

The alternative involves standing up and speaking truth to power. Jesus Christ walked that road. So did Mahatma Gandhi, Martin Luther King Jr., and countless other freedom fighters whose actions changed the course of history.

Indeed, had Christ merely complied with the Roman police state, there would have been no crucifixion and no Christian religion. Had Gandhi meekly fallen in line with the British Empire’s dictates, the Indian people would never have won their independence.

Had Martin Luther King Jr. obeyed the laws of his day, there would have been no civil rights movement. And if the founding fathers had marched in lockstep with royal decrees, there would have been no American Revolution.

We must adopt a different mindset and follow a different path if we are to alter the outcome of these interactions with police.

The American dream was built on the idea that no one is above the law, that our rights are inalienable and cannot be taken away, and that our government and its appointed agents exist to serve us.

It may be that things are too far gone to save, but still we must try.

Source: https://bit.ly/2lX2CDm

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  is available at 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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The exile of prisoners to a distant place, where they can ‘pay their debt to society,’ make themselves useful, and not contaminate others with their ideas or their criminal acts, is a practice as old as civilization itself. The rulers of ancient Rome and Greece sent their dissidents off to distant colonies. Socrates chose death over the torment of exile from Athens. The poet Ovid was exiled to a fetid port on the Black Sea.”— Anne Applebaum, Gulag: A History

This is how freedom dies.

This is how you condition a populace to life as prisoners in a police state: by brainwashing them into believing they are free so that they will march in lockstep with the state and be incapable of recognizing the prison walls that surround them.

Face the facts: we are no longer free.

We in the American Police State may enjoy the illusion of freedom, but that is all it is: an elaborate deception, rooted in denial and delusion, that hides the grasping, greedy, power-hungry, megalomaniacal force that lurks beneath the surface.

Brick by brick, the prison walls being erected around us by the government and its corporate partners-in-crime grow more oppressive and more pervasive by the day.

Brick by brick, we are finding there is nowhere to run and nowhere to hide.

Brick by brick, we are being walled in, locked down and locked up.

That’s the curious thing about walls: they not only keep those on the outside from getting in, they also keep those on the inside from getting out.

Consider, if you will, some of the “bricks” in the police state’s wall that serve to imprison the citizenry: Red flag gun laws that strip citizens of their rights based on the flimsiest of pretexts concocted by self-serving politicians. Overcriminalization resulting in jail time for nonviolent offenses such as feeding stray cats and buying foreign honey. Military training drills—showy exercises in armed intimidation—and live action “role playing” between soldiers and “freedom fighters” staged in small rural communities throughout the country. Profit-driven speed and red light cameras that do little for safety while padding the pockets of government agencies. Overt surveillance that turns citizens into suspects.

Police-run facial recognition software that mistakenly labels law-abiding citizens as criminals. Punitive programs that strip citizens of their passports and right to travel over unpaid taxes. Government agents that view segments of the populace as “subhuman” and treat them accordingly. A social credit system (similar to China’s) that rewards behavior deemed “acceptable” and punishes behavior the government and its corporate allies find offensive, illegal or inappropriate.

These are just a small sampling of the oppressive measures used by the government to control and constrict the American people.

What these despotic tactics add up to is an authoritarian prison in every sense of the word.

Granted this prison may not appear as overtly bleak as the soul-destroying gulags described by Aleksandr Solzhenitsyn in his masterpiece The Gulag Archipelago, but that’s just a matter of aesthetics.

Strip away the surface embellishments and you’ll find the core is no less sinister than that of the gulags of the Cold War-era Soviet Union.

Those gulags, according to historian Anne Applebaum, used as a form of “administrative exile—which required no trial and no sentencing procedure—was an ideal punishment not only for troublemakers as such, but also for political opponents of the regime.”

The word “gulag” refers to a labor or concentration camp where prisoners (oftentimes political prisoners or so-called “enemies of the state,” real or imagined) were imprisoned as punishment for their crimes against the state. As Applebaum explains:

Over time, the word “Gulag” has also come to signify not only the administration of the concentration camps but also the system of Soviet slave labor itself, in all its forms and varieties: labor camps, punishment camps, criminal and political camps, women’s camps, children’s camps, transit camps. Even more broadly, “Gulag” has come to mean the Soviet repressive system itself, the set of procedures that prisoners once called the “meat-grinder”: the arrests, the interrogations, the transport in unheated cattle cars, the forced labor, the destruction of families, the years spent in exile, the early and unnecessary deaths.

Aleksandr Solzhenitsyn was such a political prisoner.

For the crime of daring to criticize Stalin in a private letter to a school friend, Solzhenitsyn was arrested and sentenced to eight years in exile in a labor camp.

That was before psychiatry paved the way for totalitarian regimes such as the Soviet Union to declare dissidents mentally ill and consign political prisoners to prisons disguised as psychiatric hospitals, where they could be isolated from the rest of society, their ideas discredited, and subjected to electric shocks, drugs and various medical procedures to break them physically and mentally.

In addition to declaring political dissidents mentally unsound, government officials in the Cold War-era Soviet Union also made use of an administrative process for dealing with individuals who were considered a bad influence on others or troublemakers. Author George Kennan describes a process in which:

The obnoxious person may not be guilty of any crime . . . but if, in the opinion of the local authorities, his presence in a particular place is “prejudicial to public order” or “incompatible with public tranquility,” he may be arrested without warrant, may be held from two weeks to two years in prison, and may then be removed by force to any other place within the limits of the empire and there be put under police surveillance for a period of from one to ten years.

Warrantless seizures, surveillance, indefinite detention, isolation, exile… sound familiar?

It should.

The age-old practice by which despotic regimes eliminate their critics or potential adversaries by making them disappear—or forcing them to flee—or exiling them literally or figuratively or virtually from their fellow citizens—is happening with increasing frequency in America.

We saw it happen with Julian Assange. With Edward Snowden. With Bradley Manning.

They, too, were exiled for daring to challenge the powers-that-be.

It happened to 26-year-old decorated Marine Brandon Raub, who was targeted because of his Facebook posts, interrogated by government agents about his views on government corruption, arrested with no warning, labeled mentally ill for subscribing to so-called “conspiratorial” views about the government, detained against his will in a psych ward for standing by his views, and isolated from his family, friends and attorneys.

Raub’s case exposed the seedy underbelly of a governmental system that is targeting Americans—especially military veterans—for expressing their discontent over America’s rapid transition to a police state.

Now, through the use of red flag lawsbehavioral threat assessments, and pre-crime policing prevention programs, the government is laying the groundwork that would allow it to weaponize the label of mental illness as a means of exiling those whistleblowers, dissidents and freedom fighters who refuse to march in lockstep with its dictates.

That the government is using the charge of mental illness as the means by which to immobilize (and disarm) its critics is diabolically brilliant. With one stroke of a magistrate’s pen, these individuals are declared mentally ill, locked away against their will, and stripped of their constitutional rights.

These developments are merely the realization of various U.S. government initiatives dating back to 2009, including one dubbed Operation Vigilant Eagle which calls for surveillance of military veterans returning from Iraq and Afghanistan, characterizing them as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.”

Coupled with the report on “Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment” issued by the Department of Homeland Security (curiously enough, a Soviet term), which broadly defines rightwing extremists as individuals and groups “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely,” these tactics bode ill for anyone seen as opposing the government. Although these initiatives caused an initial uproar when announced in 2009, they were quickly subsumed by the ever-shifting cacophony of the news media and its ten-day cycles.

Yet while the American public may have forgotten about the government’s plans to identify and disable anyone deemed a potential “threat,” the government has put its plan into action.

Thus, what began as a blueprint under the Bush administration has become an operation manual under the Obama and Trump administrations to exile those who are challenging the government’s authority.

An important point to consider, however, is that the government is not merely targeting individuals who are voicing their discontent so much as it is locking up individuals trained in military warfare who are voicing feelings of discontent.

Under the guise of mental health treatment and with the complicity of government psychiatrists and law enforcement officials, these veterans are increasingly being portrayed as ticking time bombs in need of intervention.

For instance, the Justice Department launched a pilot program aimed at training SWAT teams to deal with confrontations involving highly trained and often heavily armed combat veterans.

One tactic being used to deal with so-called “mentally ill suspects who also happen to be trained in modern warfare” is through the use of civil commitment laws, found in all states and employed throughout American history to not only silence but cause dissidents to disappear.

For example, in 2006, NSA officials attempted to label former employee Russ Tice, who was willing to testify in Congress about the NSA’s warrantless wiretapping program, as “mentally unbalanced” based upon two psychiatric evaluations ordered by his superiors.

In 2009, NYPD Officer Adrian Schoolcraft had his home raided, and he was handcuffed to a gurney and taken into emergency custody for an alleged psychiatric episode. It was later discovered by way of an internal investigation that his superiors were retaliating against him for reporting police misconduct. Schoolcraft spent six days in the mental facility, and as a further indignity, was presented with a bill for $7,185 upon his release.

In 2012, it was Virginia’s civil commitment law that was used to justify arresting and detaining Marine Brandon Raub—a 9/11 truther—in a psychiatric ward based on posts he had made on his Facebook page that were critical of the government.

Incredibly, in Virginia alone, over 20,000 people annually are forced into psychiatric wards by way of so-called Emergency Custody Orders and civil commitment procedures.

Each state has its own set of civil, or involuntary, commitment laws. These laws are extensions of two legal principlesparens patriae Parens patriae (Latin for “parent of the country”), which allows the government to intervene on behalf of citizens who cannot act in their own best interest, and police power, which requires a state to protect the interests of its citizens.

The fusion of these two principles, coupled with a shift towards a dangerousness standard, has resulted in a Nanny State mindset carried out with the militant force of the Police State.

The problem, of course, is that the diagnosis of mental illness, while a legitimate concern for some Americans, has over time become a convenient means by which the government and its corporate partners can penalize certain “unacceptable” social behaviors.

In fact, in recent years, we have witnessed the pathologizing of individuals who resist authority as suffering from oppositional defiant disorder (ODD), defined as “a pattern of disobedient, hostile, and defiant behavior toward authority figures.” Under such a definition, every activist of note throughout our history—from Mahatma Gandhi to Martin Luther King Jr.—could be classified as suffering from an ODD mental disorder.

Of course, this is all part of a larger trend in American governance whereby dissent is criminalized and pathologized, and dissenters are censored, silenced, declared unfit for society, labelled dangerous or extremist, or turned into outcasts and exiled.

Red flag gun laws, growing in popularity as a legislative means by which to seize guns from individuals viewed as a danger to themselves or others, are a perfect example of this mindset at work. “We need to stop dangerous people before they act”: that’s the rationale behind the NRA’s support of these red flag laws, and at first glance, it appears to be perfectly reasonable to want to disarm individuals who are clearly suicidal and/or pose an “immediate danger” to themselves or others.

Where the problem arises, of course, is when you put the power to determine who is a potential danger in the hands of government agencies, the courts and the police.

Remember, this is the same government that uses the words “anti-government,” “extremist” and “terrorist” interchangeably.

This is the same government whose agents are spinning a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports using automated eyes and ears, social media, behavior sensing software, and citizen spies to identify potential threats.

This is the same government that keeps re-upping the National Defense Authorization Act (NDAA), which allows the military to detain American citizens with no access to friends, family or the courts if the government believes them to be a threat.

This is the same government that has a growing list—shared with fusion centers and law enforcement agencies—of ideologies, behaviors, affiliations and other characteristics that could flag someone as suspicious and result in their being labeled potential enemies of the state.

This is the same government that has, along with its corporate counterparts (Facebook, Google, Twitter, etc.), made it abundantly clear at all levels (whether it be the FBI, NSA, local police, school personnel, etc.) that they want no one challenging their authority.

This is a government that pays lip service to the nation’s freedom principles while working overtime to shred the Constitution.

Yes, this is a prison alright.

Thus, for those who take to the streets to constitutionally express their opinions and beliefs, rows of riot police, clad in jackboots, military vests, and helmets, holding batons, stun guns, assault rifles, and sometimes even grenade launchers, are there to keep them in line.

For those who take to social media to express their opinions and beliefs, squadrons of AI censors are there to shadowban them and keep them in line.

As for that wall President Trump keeps promising to build, it’s already being built, one tyranny at a time, transforming our constitutional republic into a carceral state.

Yet be warned: in a carceral state, there are only two kinds of people: the prisoners and the prison guards.

In a carceral state—a.k.a. a prison state or a police state—there is no difference between the treatment meted out to a law-abiding citizen and a convicted felon: both are equally suspect and treated as criminals, without any of the special rights and privileges reserved for the governing elite.

With every new law enacted by federal and state legislatures, every new ruling handed down by government courts, and every new military weapon, invasive tactic and egregious protocol employed by government agents, “we the people”—the prisoners of the American police state—are being pushed that much further into a corner, our backs against the prison wall.

This concept of a carceral state in which we possess no rights except for that which the government grants on an as-needed basis is the only way I can begin to comprehend, let alone articulate, the irrational, surreal, topsy-turvy, through-the-looking-glass state of affairs that is being imposed upon us in America today.

As I point out in my book Battlefield America: The War on the American People, we who pretend we are free are no different from those who spend their lives behind bars.

You see, by gradually whittling away at our freedoms—free speech, assembly, due process, privacy, etc.—the government has, in effect, liberated itself from its contractual agreement to respect the constitutional rights of the citizenry while resetting the calendar back to a time when we had no Bill of Rights to protect us from the long arm of the government.

Aided and abetted by the legislatures, the courts and Corporate America, the government has been busily rewriting the contract (a.k.a. the Constitution) that establishes the citizenry as the masters and agents of the government as the servants. We are now only as good as we are useful, and our usefulness is calculated on an economic scale by how much we are worth—in terms of profit and resale value—to our “owners.”

Under the new terms of this revised, one-sided agreement, the government and its many operatives have all the privileges and rights and “we the prisoners” have none.

Source: https://bit.ly/2MKc8WK

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  is available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

Publication Guidelines / Reprint Permission

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

 

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

We’ve been down this road many times before.

If the government is consistent about any one thing, it is this: it has an unnerving tendency to exploit crises and use them as opportunities for power grabs under the guise of national security.

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

Cue the Emergency State, the government’s Machiavellian version of crisis management that justifies all manner of government tyranny in the so-called name of national security.

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

It’s all part of the grand plan for total control.

The government’s proposed response to the latest round of mass shootings—red flag gun laws, precrime surveillance, fusion centers, threat assessments, mental health assessments, involuntary confinement—is just more of the same.

These tactics have been employed before, here in the U.S. and elsewhere, by other totalitarian regimes, with devastating results.

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

For instance, in his remarks on the mass shootings in Texas and Ohio, President Trump promised to give the FBI “whatever they need” to investigate and disrupt hate crimes and domestic terrorism.

Let that sink in a moment.

In a post-9/11 America, Trump’s promise bodes ill for whatever remnants of freedom we have left. With that promise, flippantly delivered without any apparent thought for the Constitution’s prohibitions on such overreach, the president has given the FBI the green light to violate Americans’ civil liberties in every which way.

This is how the Emergency State works, after all.

Although the damage wrought by these power grabs has been most evident in recent presidential administrations—under Trump, Obama, Bush and Clinton—the seeds of this present madness were sown, according to Unger, in 1940, when President Roosevelt, the “founding father of modern extraconstitutional presidential war-making, the military-industrial complex, and covert federal surveillance of lawful domestic political activity,” declared a national emergency.

So what does the government’s carefully calibrated response to this current crisis mean for freedom as we know it? Compliance and control.

For starters, consider Trump’s embrace of red flag gun laws, which allow the police to remove guns from people “suspected” of being threats, will only add to the government’s power.

As The Washington Post reports, these laws “allow a family member, roommate, beau, law enforcement officer or any type of medical professional to file a petition [with a court] asking that a person’s home be temporarily cleared of firearms. It doesn’t require a mental-health diagnosis or an arrest.

Be warned: these laws, growing in popularity as a legislative means by which to seize guns from individuals viewed as a danger to themselves or others, are yet another Trojan Horse, a stealth maneuver by the police state to gain greater power over an unsuspecting and largely gullible populace.

Seventeen states, plus the District of Columbia, now have red flag laws on their books. That number is growing.

In the midst of what feels like an epidemic of mass shootings, these gun confiscation laws—extreme risk protection order (ERPO) laws—may appease the fears of those who believe that fewer guns in the hands of the general populace will make our society safer.

Of course, it doesn’t always work that way.

Anything—knives, vehicles, planes, pressure cookers—can become a weapon when wielded with deadly intentions.

With these red flag gun laws, the intention is to disarm individuals who are potential threats.

We need to stop dangerous people before they act”: that’s the rationale behind the NRA’s support of these red flag laws, and at first glance, it appears to be perfectly reasonable to want to disarm individuals who are clearly suicidal and/or pose an “immediate danger” to themselves or others.

However, consider what happened in Maryland after a police officer attempted to “enforce” the state’s new red flag law, which went into effect in Oct. 2018.

At 5 am on a Monday, two police officers showed up at 61-year-old Gary Willis’ house to serve him with a court order requiring that he surrender his guns. Willis answered the door holding a gun. (In some states, merely answering the door holding a gun is enough to get you killed by police who have a tendency to shoot first and ask questions later.) Willis initially set his gun aside while he spoke with the police. However, when the police attempted to serve him with the gun confiscation order, Willis reportedly became “irate” and picked up his gun again. At that point, a struggle ensued, causing the gun to go off. Although no one was harmed by the struggle, one of the cops shot and killed Willis.

According to the Anne Arundel County police chief, the shooting was a sign that the red flag law is needed. What the police can’t say with any certainty is what they prevented by shooting and killing Willis.

Therein lies the danger of these red flag laws, specifically, and pre-crime laws such as these generally, especially when you put the power to determine who is a potential danger in the hands of government agencies, the courts and the police.

After all, this is the same government that uses the words “anti-government,” “extremist” and “terrorist” interchangeably.

This is the same government that, in 2009, issued a series of Department of Homeland Security reports on Rightwing and Leftwing “Extremism,” which broadly define extremists as individuals, military veterans and groups “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely.”

This is the same government that, as first reported by the Wall Street Journal, tracks military veterans returning from Iraq and Afghanistan and characterizes them as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.”

This is the same government that keeps re-upping the National Defense Authorization Act (NDAA), which allows the military to detain and imprison American citizens with no access to friends, family or the courts if the government believes them to be a threat.

This is the same government that has a growing list—shared with fusion centers and law enforcement agencies—of ideologies, behaviors, affiliations and other characteristics that could flag someone as suspicious and result in their being labeled potential enemies of the state.

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

Moreover, as a New York Times editorial warns, you may be an anti-government extremist (a.k.a. domestic terrorist) in the eyes of the police if you are afraid that the government is plotting to confiscate your firearms, if you believe the economy is about to collapse and the government will soon declare martial law, or if you display an unusual number of political and/or ideological bumper stickers on your car.

According to the FBI’s latest report, you might also be classified as a domestic terrorism threat if you espouse conspiracy theories, especially if you “attempt to explain events or circumstances as the result of a group of actors working in secret to benefit themselves at the expense of others” and are “usually at odds with official or prevailing explanations of events.”

Additionally, according to Michael C. McGarrity, the FBI’s assistant director of the counterterrorism division, the bureau now “classifies domestic terrorism threats into four main categories: racially motivated violent extremism, anti-government/anti-authority extremism, animal rights/environmental extremism, and abortion extremism.”

In other words, if you dare to subscribe to any views that are contrary to the government’s, you may well be suspected of being a domestic terrorist and treated accordingly.

Where many Americans go wrong is in assuming that you have to be doing something illegal or challenging the government’s authority in order to be flagged as a suspicious character, labeled an enemy of the state and locked up like a dangerous criminal.

That is not the case.

All you really need to do is question government authority.

With the help of artificial intelligence, a growing arsenal of high-tech software, hardware and techniques, government propaganda urging Americans to turn into spies and snitches, as well as social media and behavior sensing software, government agents are spinning a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports aimed at snaring potentialenemies of the state.

It’s the American police state’s take on the dystopian terrors foreshadowed by George Orwell, Aldous Huxley and Phillip K. Dick all rolled up into one oppressive pre-crime and pre-thought crime package.

What’s more, the technocrats who run the surveillance state don’t even have to break a sweat while monitoring what you say, what you read, what you write, where you go, how much you spend, whom you support, and with whom you communicate. Computers guided by artificial intelligence now do the tedious work of trolling social media, the internet, text messages and phone calls for potentially anti-government remarks—all of which is carefully recorded, documented, and stored to be used against you someday at a time and place of the government’s choosing.

This is the world that science fiction author Philip K. Dick envisioned for Minority Report in which the government is all-seeing, all-knowing and all-powerful, and if you dare to step out of line, dark-clad police SWAT teams will crack a few skulls in order to bring the populace under control.

In Dick’s dystopian police state, the police combine widespread surveillance, behavior prediction technologies, data mining and precognitive technology to capture would-be criminals before they can do any damage: precrime.

In the film Minority Report, the technology that John Anderton, Chief of the Department of Pre-Crime in Washington, DC, relies on for his predictive policing proves to be fallible, identifying him as the next would-be criminal and targeting him for preemptive measures. Consequently, Anderton finds himself not only attempting to prove his innocence but forced to take drastic measures in order to avoid capture in a surveillance state that uses biometric data and sophisticated computer networks to track its citizens.

With every passing day, the American police state moves that much closer to mirroring the fictional pre-crime prevention world of Minority Report.

For instance, police in major American cities have been using predictive policing technology that allows them to identify individuals—or groups of individuals—most likely to commit a crime in a given community. Those individuals are then put on notice that their movements and activities will be closely monitored and any criminal activity (by them or their associates) will result in harsh penalties.

In other words, the burden of proof is reversed: you are guilty before you are given any chance to prove you are innocent.

Dig beneath the surface of this kind of surveillance/police state, however, and you will find that the real purpose of pre-crime is not safety but control.

Red flag gun laws merely push us that much closer towards a suspect society where everyone is potentially guilty of some crime or another and must be preemptively rendered harmless.

Again, where many Americans go wrong is in naively assuming that you have to be doing something illegal or harmful in order to be flagged and targeted for some form of intervention or detention.

In fact, U.S. police agencies have been working to identify and manage potential extremist “threats,” violent or otherwise, before they can become actual threats for some time now.

In much the same way that the USA Patriot Act was used as a front to advance the surveillance state, allowing the government to establish a far-reaching domestic spying program that turned every American citizen into a criminal suspect, the government’s anti-extremism program renders otherwise lawful, nonviolent activities as potentially extremist.

In fact, all you need to do these days to end up on a government watch list or be subjected to heightened scrutiny is use certain trigger words (like cloud, pork and pirates), surf the internet, communicate using a cell phone, limp or stutterdrive a car, stay at a hotel, attend a political rally, express yourself on social mediaappear mentally ill, serve in the militarydisagree with a law enforcement officialcall in sick to work, purchase materials at a hardware store, take flying or boating lessons, appear suspicious, appear confused or nervous, fidget or whistle or smell bad, be seen in public waving a toy gun or anything remotely resembling a gun (such as a water nozzle or a remote control or a walking cane), stare at a police officer, question government authority, or appear to be pro-gun or pro-freedom.

Be warned: once you get on such a government watch list—whether it’s a terrorist watch list, a mental health watch list, a dissident watch list, or a red flag gun watch list—there’s no clear-cut way to get off, whether or not you should actually be on there.

You will be tracked wherever you go.

You will be flagged as a potential threat and dealt with accordingly.

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

The government has been building its pre-crime, surveillance network in concert with fusion centers (of which there are 78 nationwide, with partners in the corporate sector and globally), data collection agencies, behavioral scientists, corporations, social media, and community organizers and by relying on cutting-edge technology for surveillance, facial recognition, predictive policing, biometrics, and behavioral epigenetics (in which life experiences alter one’s genetic makeup).

If you’re not scared yet, you should be.

Connect the dots.

Start with the powers amassed by the government under the USA Patriot Act, note the government’s ever-broadening definition of what it considers to be an “extremist,” then add in the government’s detention powers under NDAA, the National Security Agency’s far-reaching surveillance networks, and fusion centers that collect and share surveillance data between local, state and federal police agencies.

To that, add tens of thousands of armed, surveillance drones and balloons that are beginning to blanket American skies, facial recognition technology that will identify and track you wherever you go and whatever you do. And then to complete the picture, toss in the real-time crime centers being deployed in cities across the country, which will be attempting to “predict” crimes and identify so-called criminals before they happen based on widespread surveillance, complex mathematical algorithms and prognostication programs.

Hopefully you’re starting to understand how easy we’ve made it for the government to identify, label, target, defuse and detain anyone it views as a potential threat for a variety of reasons that run the gamut from mental illness to having a military background to challenging its authority to just being on the government’s list of persona non grata.

There’s always a price to pay for standing up to the powers-that-be.

Yet as I make clear in my book Battlefield America: The War on the American People, you don’t even have to be a dissident to get flagged by the government for surveillance, censorship and detention.

All you really need to be is a citizen of the American police state.

_______________

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  is available at 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.

Source: https://www.rutherford.org/publications_resources/john_whiteheads_commentary/were_all_enemies_of_the_state_draconian_laws_precrime_the_surveillance_state

Adolf Hitler is alive and well in the United States, and he is fast rising to power.”—Paul Craig Roberts, former Assistant Secretary of the Treasury, on the danger posed by the FBI to our civil liberties

Despite the finger-pointing and outcries of dismay from those who are watching the government discard the rule of law at every turn, the question is not whether Donald Trump is the new Adolf Hitler but whether the American Police State is the new Third Reich.

For those who can view the present and past political landscape without partisan blinders, the warning signs are unmistakable: the Deep State’s love affair with totalitarianism began long ago.

Indeed, the U.S. government so admired the Nazi regime that following the second World War, it secretly recruited Hitler’s employees, adopted his protocols, embraced his mindset about law and order, implemented his tactics in incremental steps, and began to lay the foundations for the rise of the Fourth Reich.

Sounds far-fetched? Read on. It’s all documented.

As historian Robert Gellately recounts, “After five years of Hitler’s dictatorship, the Nazi police had won the FBI’s seal of approval.” The Nazi police state was initially so admired for its efficiency and order by the world powers of the day that J. Edgar Hoover, then-head of the FBI, actually sent one of his right-hand men, Edmund Patrick Coffey, to Berlin in January 1938 at the invitation of Germany’s secret police—the Gestapo.

The FBI was so impressed with the Nazi regime that, according to the New York Times, in the decades after World War II, the FBI, along with other government agencies, aggressively recruited at least a thousand Nazis, including some of Hitler’s highest henchmen.

All told, thousands of Nazi collaborators—including the head of a Nazi concentration camp, among others—were given secret visas and brought to America by way of Project Paperclip. Subsequently, they were hired on as spies and informants, and then camouflaged to ensure that their true identities and ties to Hitler’s holocaust machine would remain unknown. All the while, thousands of Jewish refugees were refused entry visas to the U.S. on the grounds that it could threaten national security.

Adding further insult to injury, American taxpayers have been paying to keep these ex-Nazis on the U.S. government’s payroll ever since. And in true Gestapo fashion, anyone who has dared to blow the whistle on the FBI’s illicit Nazi ties has found himself spied upon, intimidated, harassed and labeled a threat to national security.

As if the government’s covert, taxpayer-funded employment of Nazis after World War II wasn’t bad enough, U.S. government agencies—the FBI, CIA and the military—have fully embraced many of the Nazi’s well-honed policing tactics, and have used them repeatedly against American citizens.

Indeed, with every passing day, the United States government borrows yet another leaf from Nazi Germany’s playbook: Secret police. Secret courts. Secret government agencies. Surveillance. Censorship. Intimidation. Harassment. Torture. Brutality. Widespread corruption. Entrapment. Indoctrination. Indefinite detention.

These are not tactics used by constitutional republics, where the rule of law and the rights of the citizenry reign supreme. Rather, they are the hallmarks of authoritarian regimes, where the only law that counts comes in the form of heavy-handed, unilateral dictates from a supreme ruler who uses a secret police to control the populace.

That danger is now posed by the FBI, whose laundry list of crimes against the American people includes surveillance, disinformation, blackmail, entrapment, intimidation tactics, harassment and indoctrination, governmental overreach, abuse, misconduct, trespassing, enabling criminal activity, and damaging private property, and that’s just based on what we know.

Whether the FBI is planting undercover agents in churches, synagogues and mosques; issuing fake emergency letters to gain access to Americans’ phone records; using intimidation tactics to silence Americans who are critical of the government; recruiting high school students to spy on and report fellow students who show signs of being future terrorists; or persuading impressionable individuals to plot acts of terror and then entrapping them, the overall impression of the nation’s secret police force is that of a well-dressed thug, flexing its muscles and doing the boss’ dirty work of ensuring compliance, keeping tabs on potential dissidents, and punishing those who dare to challenge the status quo.

Whatever minimal restrictions initially kept the FBI’s surveillance activities within the bounds of the law have all but disappeared post-9/11. Since then, the FBI has been transformed into a mammoth federal policing and surveillance agency that largely operates as a power unto itself, beyond the reach of established laws, court rulings and legislative mandates.

Consider the FBI’s far-reaching powers to surveil, detain, interrogate, investigate, prosecute, punish, police and generally act as a law unto themselves—much like their Nazi cousins, the Gestapo—and then try to convince yourself that the United States is still a constitutional republic.

Just like the Gestapo, the FBI has vast resources, vast investigatory powers, and vast discretion to determine who is an enemy of the state.

Today, the FBI employs more than 35,000 individuals and operates more than 56 field offices in major cities across the U.S., as well as 400 resident agencies in smaller towns, and more than 50 international offices. In addition to their “data campus,” which houses more than 96 million sets of fingerprints from across the United States and elsewhere, the FBI has also built a vast repository of “profiles of tens of thousands of Americans and legal residents who are not accused of any crime. What they have done is appear to be acting suspiciously to a town sheriff, a traffic cop or even a neighbor.” The FBI’s burgeoning databases on Americans are not only being added to and used by local police agencies, but are also being made available to employers for real-time background checks.

All of this is made possible by the agency’s nearly unlimited resources (its minimum budget alone in fiscal year 2015 was $8.3 billion), the government’s vast arsenal of technology, the interconnectedness of government intelligence agencies, and information sharing through fusion centers—data collecting intelligence agencies spread throughout the country that constantly monitor communications (including those of American citizens), everything from internet activity and web searches to text messages, phone calls and emails.

Much like the Gestapo spied on mail and phone calls, FBI agents have carte blanche access to the citizenry’s most personal information.

Working through the U.S. Post Office, the FBI has access to every piece of mail that passes through the postal system: more than 160 billion pieces are scanned and recorded annually. Moreover, the agency’s National Security Letters, one of the many illicit powers authorized by the USA Patriot Act, allows the FBI to secretly demand that banks, phone companies, and other businesses provide them with customer information and not disclose those demands to the customer. An internal audit of the agency found that the FBI practice of issuing tens of thousands of NSLs every year for sensitive information such as phone and financial records, often in non-emergency cases, is riddled with widespread constitutional violations.

Much like the Gestapo’s sophisticated surveillance programs, the FBI’s spying capabilities can delve into Americans’ most intimate details (and allow local police to do so, as well).

In addition to technology (which is shared with police agencies) that allows them to listen in on phone calls, read emails and text messages, and monitor web activities, the FBI’s surveillance boasts an invasive collection of spy tools ranging from Stingray devices that can track the location of cell phones to Triggerfish devices which allow agents to eavesdrop on phone calls.  In one case, the FBI actually managed to remotely reprogram a “suspect’s” wireless internet card so that it would send “real-time cell-site location data to Verizon, which forwarded the data to the FBI.” Law enforcement agencies are also using social media tracking software to monitor Facebook, Twitter and Instagram posts. Moreover, secret FBI rules also allow agents to spy on journalists without significant judicial oversight.

Much like the Gestapo’s ability to profile based on race and religion, and its assumption of guilt by association, the FBI’s approach to pre-crime allows it to profile Americans based on a broad range of characteristics including race and religion.

The agency’s biometric database has grown to massive proportions, the largest in the world, encompassing everything from fingerprints, palm, face and iris scans to DNA, and is being increasingly shared between federal, state and local law enforcement agencies in an effort to target potential criminals long before they ever commit a crime. This is what’s known as pre-crime. Yet it’s not just your actions that will get you in trouble. In many cases, it’s also who you know—even minimally—and where your sympathies lie that could land you on a government watch list. Moreover, as the Intercept reports, despite anti-profiling prohibitions, the bureau “claims considerable latitude to use race, ethnicity, nationality, and religion in deciding which people and communities to investigate.”

Much like the Gestapo’s power to render anyone an enemy of the state, the FBI has the power to label anyone a domestic terrorist.

As part of the government’s so-called ongoing war on terror, the nation’s de facto secret police force has begun using the terms “anti-government,” “extremist” and “terrorist” interchangeably. Moreover, the government continues to add to its growing list of characteristics that can be used to identify an individual (especially anyone who disagrees with the government) as a potential domestic terrorist. For instance, you might be a domestic terrorist in the eyes of the FBI (and its network of snitches) if you:

  • express libertarian philosophies (statements, bumper stickers)
  • exhibit Second Amendment-oriented views (NRA or gun club membership)
  • read survivalist literature, including apocalyptic fictional books
  • show signs of self-sufficiency (stockpiling food, ammo, hand tools, medical supplies)
  • fear an economic collapse
  • buy gold and barter items
  • subscribe to religious views concerning the book of Revelation
  • voice fears about Big Brother or big government
  • expound about constitutional rights and civil liberties
  • believe in a New World Order conspiracy

Much like the Gestapo infiltrated communities in order to spy on the German citizenry, the FBI routinely infiltrates political and religious groups, as well as businesses.

As Cora Currier writes for the Intercept: “Using loopholes it has kept secret for years, the FBI can in certain circumstances bypass its own rules in order to send undercover agents or informants into political and religious organizations, as well as schools, clubs, and businesses…” The FBI has even been paying Geek Squad technicians at Best Buy to spy on customers’ computers without a warrant.

Just as the Gestapo united and militarized Germany’s police forces into a national police force, America’s police forces have largely been federalized and turned into a national police force.

In addition to government programs that provide the nation’s police forces with military equipment and training, the FBI also operates a National Academy that trains thousands of police chiefs every year and indoctrinates them into an agency mindset that advocates the use of surveillance technology and information sharing between local, state, federal, and international agencies.

Just as the Gestapo’s secret files on political leaders were used to intimidate and coerce, the FBI’s files on anyone suspected of “anti-government” sentiment have been similarly abused.

As countless documents make clear, the FBI has no qualms about using its extensive powers in order to blackmail politicians, spy on celebrities and high-ranking government officials, and intimidate and attempt to discredit dissidents of all stripes. For example, not only did the FBI follow Martin Luther King Jr. and bug his phones and hotel rooms, but agents also sent him anonymous letters urging him to commit suicide and pressured a Massachusetts college into dropping King as its commencement speaker.

Just as the Gestapo carried out entrapment operations, the FBI has become a master in the art of entrapment.

In the wake of the 9/11 terrorist attacks the FBI has not only targeted vulnerable individuals but has also lured or blackmailed them into fake terror plots while actually equipping them with the organization, money, weapons and motivation to carry out the plots—entrapment—and then jailing or deporting them for their so-called terrorist plotting. This is what the FBI characterizes as “forward leaning—preventative—prosecutions.” In addition to creating certain crimes in order to then “solve” them, the FBI also gives certain informants permission to break the law, “including everything from buying and selling illegal drugs to bribing government officials and plotting robberies,” in exchange for their cooperation on other fronts. USA Today estimates that agents have authorized criminals to engage in as many as 15 crimes a day. Some of these informants are getting paid astronomical sums: one particularly unsavory fellow, later arrested for attempting to run over a police officer, was actually paid $85,000 for his help laying the trap for an entrapment scheme.

When and if a true history of the FBI is ever written, it will not only track the rise of the American police state but it will also chart the decline of freedom in America, in much the same way that the empowerment of Germany’s secret police tracked with the rise of the Nazi regime.

How did the Gestapo become the terror of the Third Reich?

It did so by creating a sophisticated surveillance and law enforcement system that relied for its success on the cooperation of the military, the police, the intelligence community, neighborhood watchdogs, government workers for the post office and railroads, ordinary civil servants, and a nation of snitches inclined to report “rumors, deviant behavior, or even just loose talk.”

In other words, ordinary citizens working with government agents helped create the monster that became Nazi Germany. Writing for the New York Times, Barry Ewen paints a particularly chilling portrait of how an entire nation becomes complicit in its own downfall by looking the other way:

In what may be his most provocative statement, [author Eric A.] Johnson says that ‘‘most Germans may not even have realized until very late in the war, if ever, that they were living in a vile dictatorship.’’ This is not to say that they were unaware of the Holocaust; Johnson demonstrates that millions of Germans must have known at least some of the truth. But, he concludes, ‘‘a tacit Faustian bargain was struck between the regime and the citizenry.’’ The government looked the other way when petty crimes were being committed. Ordinary Germans looked the other way when Jews were being rounded up and murdered; they abetted one of the greatest crimes of the 20th century not through active collaboration but through passivity, denial and indifference.

Much like the German people, “we the people” have become passive, polarized, gullible, easily manipulated, and lacking in critical thinking skills.  Distracted by entertainment spectacles, politics and screen devices, we too are complicit, silent partners in creating a police state similar to the terror practiced by former regimes.

Had the government tried to ram such a state of affairs down our throats suddenly, it might have had a rebellion on its hands.

Instead, the American people have been given the boiling frog treatment, immersed in water that slowly is heated up—degree by degree—so that they’ve fail to notice that they’re being trapped and cooked and killed.

“We the people” are in hot water now.

The Constitution doesn’t stand a chance against a federalized, globalized standing army of government henchmen protected by legislative, judicial and executive branches that are all on the same side, no matter what political views they subscribe to: suffice it to say, they are not on our side or the side of freedom.

From Clinton to Bush, then Obama and now Trump, it’s as if we’ve been caught in a time loop, forced to re-live the same thing over and over again: the same assaults on our freedoms, the same disregard for the rule of law, the same subservience to the Deep State, and the same corrupt, self-serving government that exists only to amass power, enrich its shareholders and ensure its continued domination.

Can the Fourth Reich happen here?

As I point out in my book Battlefield America: The War on the American People, it’s already happening right under our noses.

Source: https://www.rutherford.org/publications_resources/john_whiteheads_commentary/the_rise_of_the_american_gestapo_has_it_already_happened_here

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  is available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

Publication Guidelines / Reprint Permission

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

 

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

We’ve all been there before.

You’re driving along and you see a pair of flashing blue lights in your rearview mirror. Whether or not you’ve done anything wrong, you get a sinking feeling in your stomach.

You’ve read enough news stories, seen enough headlines, and lived in the American police state long enough to be anxious about any encounter with a cop that takes place on the side of the road.

For better or worse, from the moment you’re pulled over, you’re at the mercy of law enforcement officers who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect.”

This is what I call “blank check policing,” in which the police get to call all of the shots.

So if you’re nervous about traffic stops, you have every reason to be.

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

Try to assert your right to merely ask a question during a traffic stop and see how far it gets you.

Zachary Noel was tasered by police and charged with resisting arrest after he questioned why he was being ordered out of his truck during a traffic stop. “Because I’m telling you to,” the officer replied before repeating his order for Noel to get out of the vehicle and then, without warning, shooting him with a taser through the open window.

Unfortunately, as Gregory Tucker learned the hard way, there are no longer any fail-safe rules of engagement for interacting with the police.

It was in the early morning hours of Dec. 1, 2016, when Tucker, a young African-American man, was pulled over by Louisiana police for a broken taillight. Because he did not feel safe stopping immediately, Tucker drove calmly and slowly to a safe, well-lit area a few minutes away before stopping in front of his cousin’s house.

That’s when what should have been a routine traffic stop became yet another example of police brutality in America and another reason why Americans are justified in their fear of cops.

According to the lawsuit that was filed in federal court by The Rutherford Institute, police ordered Tucker out of his vehicle, and after he had stepped out, immediately placed him under arrest for “resisting” (in this case, not immediately stopping) and searched his person and his vehicle. Tucker was then ordered to move to the front of the police vehicle and place his hands on its hood.

Two more police officers arrived on the scene, walked up behind Tucker, and grabbed his arms to restrain and handcuffed him.

Then the fourth police officer arrived on the scene. According to police dash cam footage, Tucker was thrown to the ground and punched numerous times in the head and body. The police also yelled repeatedly at Tucker to “quit resisting.” Tucker, bleeding with injuries to his face, head and arm, was then placed into the back of a police vehicle and EMTs were called to treat him. He was eventually taken to the hospital for severe injuries to his face and arm.

Mind you, this young man complied with police. He just didn’t do it fast enough to suit their purposes.

This young man submitted to police. He didn’t challenge police authority when they frisked him, searched his car, handcuffed him, and beat him to a pulp.

If this young man is “guilty” of anything, he’s guilty of ticking off the cops by being cautious, concerned for his safety, and all too aware of the dangers faced by young black men during encounters with the police.

Frankly, you don’t even have to be young or black or a man to fear for your life during an encounter with the police.

Just consider the growing numbers of unarmed people are who being shot and killed just for standing a certain way, or moving a certain way, or holding something—anything—that police could misinterpret to be a gun, or igniting some trigger-centric fear in a police officer’s mind that has nothing to do with an actual threat to their safety.

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

Add a traffic stop to the mix, and that disadvantage increases dramatically.

According to the Justice Department, the most common reason for a citizen to come into contact with the police is being a driver in a traffic stop.

On average, one in 10 Americans gets pulled over by police.

Black drivers are 31 percent more likely to be pulled over than white drivers, or about 23 percent more likely than Hispanic drivers. As the Washington Post concludes, “‘Driving while black’ is, indeed, a measurable phenomenon.”

Indeed, police officers have been given free range to pull anyone over for a variety of reasons.

This free-handed approach to traffic stops has resulted in drivers being stopped for windows that are too heavily tinted, for driving too fast, driving too slow, failing to maintain speed, following too closely, improper lane changes, distracted driving, screeching a car’s tires, and leaving a parked car door open for too long.

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

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

Equally appalling, in Heien v. North Carolina, the U.S. Supreme Court—which has largely paved the way for the police and other government agents to probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance—allowed police officers to stop drivers who appear nervous, provided they provide a palatable pretext for doing so.

Justice Sonia Sotomayor was the lone objector in the case. Dissenting in Heien, Sotomayor warned, “Giving officers license to effect seizures so long as they can attach to their reasonable view of the facts some reasonable legal interpretation (or misinterpretation) that suggests a law has been violated significantly expands this authority… One wonders how a citizen seeking to be law-abiding and to structure his or her behavior to avoid these invasive, frightening, and humiliating encounters could do so.”

In other words, drivers beware.

Traffic stops aren’t just dangerous. They can be downright deadly.

Remember Walter L. Scott? Reportedly pulled over for a broken taillight, Scott—unarmed—ran away from the police officer, who pursued and shot him from behind, first with a Taser, then with a gun. Scott was struck five times, “three times in the back, once in the upper buttocks and once in the ear — with at least one bullet entering his heart.”

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

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

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

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

Sandra Bland, pulled over for allegedly failing to use her turn signal, was arrested after refusing to comply with the police officer’s order to extinguish her cigarette and exit her vehicle. The encounter escalated, with the officer threatening to “light” Bland up with his taser. Three days later, Bland was found dead in her jail cell. “You’re doing all of this for a failure to signal?” Bland asked as she got out of her car, after having been yelled at and threatened repeatedly.

Keep in mind, from the moment those lights start flashing and that siren goes off, we’re all in the same boat. However, it’s what happens after you’ve been pulled over that’s critical.

Survival is key.

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

However, there is a price for asserting one’s rights. That price grows more costly with every passing day.

If you ask cops and their enablers what Americans should do to stay alive during encounters with police, they will tell you to comply, cooperate, obey, not resist, not argue, not make threatening gestures or statements, avoid sudden movements, and submit to a search of their person and belongings.

The problem, of course, is what to do when compliance is not enough.

After all, every day we hear about situations in which unarmed Americans complied and still died during an encounter with police simply because they appeared to be standing in a “shooting stance” or held a cell phone or a garden hose or carried around a baseball bat or answered the front door or held a spoon in a threatening manner or ran in an aggressive manner holding a tree branch or wandered around naked or hunched over in a defensive posture or made the mistake of wearing the same clothes as a carjacking suspect (dark pants and a basketball jersey) or dared to leave an area at the same time that a police officer showed up or had a car break down by the side of the road or were deaf or homeless or old.

Now you can make all kinds of excuses to justify these shootings, and in fact that’s exactly what you’ll hear from politicians, police unions, law enforcement officials and individuals who are more than happy to march in lockstep with the police.

However, to suggest that a good citizen is a compliant citizen and that obedience will save us from the police state is not only recklessly irresponsible, but it is also deluded and out of touch with reality.

To begin with, and most importantly, Americans need to know their rights when it comes to interactions with the police, bearing in mind that many law enforcement officials are largely ignorant of the law themselves.

In a nutshell, the following are your basic rights when it comes to interactions with the police as outlined in the Bill of Rights:

You have the right under the First Amendment to ask questions and express yourself. You have the right under the Fourth Amendment to not have your person or your property searched by police or any government agent unless they have a search warrant authorizing them to do so.  You have the right under the Fifth Amendment to remain silent, to not incriminate yourself and to request an attorney. Depending on which state you live in and whether your encounter with police is consensual as opposed to your being temporarily detained or arrested, you may have the right to refuse to identify yourself. Presently, 26 states do not require citizens to show their ID to an officer (drivers in all states must do so, however).

Knowing your rights is only part of the battle, unfortunately.

As I make clear in my book Battlefield America: The War on the American People, the hard part comes in when you have to exercise those rights in order to hold government officials accountable to respecting those rights.

As a rule of thumb, you should always be sure to clarify in any police encounter whether or not you are being detained, i.e., whether you have the right to walk away. That holds true whether it’s a casual “show your ID” request on a boardwalk, a stop-and-frisk search on a city street, or a traffic stop for speeding or just to check your insurance. If you feel like you can’t walk away from a police encounter of your own volition—and more often than not you can’t, especially when you’re being confronted by someone armed to the hilt with all manner of militarized weaponry and gear—then for all intents and purposes, you’re essentially under arrest from the moment a cop stops you. Still, it doesn’t hurt to clarify that distinction.

While technology is always going to be a double-edged sword, with the gadgets that are the most useful to us in our daily lives—GPS devices, cell phones, the internet—being the very tools used by the government to track us, monitor our activities, and generally spy on us, cell phones are particularly useful for recording encounters with the police and have proven to be increasingly powerful reminders to police that they are not all powerful.

A good resource is The Rutherford Institute’s “Constitutional Q&A: Rules of Engagement for Interacting with Police.”

Clearly, in the American police state, compliance is no guarantee that you will survive an encounter with the police with your life and liberties intact.

So if you’re starting to feel somewhat overwhelmed, intimidated and fearful for your life and the lives of your loved ones, you should be.

Source: https://www.rutherford.org/publications_resources/john_whiteheads_commentary/drivers_beware_the_deadly_perils_of_traffic_stops_in_the_american_police_state

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  is available at 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.

 

Sexual predation by police officers happens far more often than people in the business are willing to admit.”—Former Seattle police chief Norm Stamper

How could this be happening right under our noses?

That’s what readers wanted to know after my column went viral about the extent to which young children are being bought and sold for sex in America.

Where are the police when these children—some as young as 9 years old—are being raped repeatedly?

For that matter, what is the Trump Administration doing about the fact that adults purchase children for sex at least 2.5 million times a year in suburbs, cities and towns across this nation?

I’ll tell you what the government is doing: little to nothing.

While America’s children are being menaced by sexual predators, the Trump Administration and its congressional cohorts continue to wage endless wars, run up the national debt, and distract the populace with vitriol and kabuki political theater.

The police are not much better.

In too many instances, the cops are worse.

Indeed, while there are certainly many good cops in this country—and I’ve had the honor of working with a number of them—the bad cops have become symptomatic of a criminal justice system that is deeply rotten through and through.

We can no longer count on police to save us from the worst in our society.

In many cases, rather than being part of the solution, America’s police forces—riddled with corruption, brutality, sexual misconduct and drug abuse—have largely become part of the problem. As the Philadelphia Inquirer reports, “Hundreds of police officers across the country have turned from protectors to predators, using the power of their badge to extort sex.”

Let’s start with sex trafficking.

In a number of cases, victims of sex trafficking report that police are among those “buying” young girls and women for sex.

In other words, as a recent study by the State Commission on the Status of Women and Arizona State University makes clear, “victims are being exploited by the very people who are supposed to protect them: police officers.”

In New York, seven NYPD cops—three sergeants, two detectives and two officers—were accused of running brothels that sold 15-minute sexual encounters, raking in more than $2 million over the course of 13 months. Two of the cops, brothers, were charged with holding a bachelor party at one of the brothels where “they got the place for nothing and they used the prostitutes.”

In California, a police sergeant—a 16-year veteran of the police force—was arrested for raping a 16-year-old girl who was being held captive and sold for sex in a home in an upscale neighborhood.

A week-long sting in Florida ended with 277 arrests of individuals accused of sex trafficking, including doctors, pharmacists and police officers.

Sex trafficking victims in Hawaii described “cops asking for sexual favors to more coercive situations like I’ll let you go if you do X, Y, or Z for me.”

One study found that “over 14 percent of sex workers said that they had been threatened with arrest unless they had sex with a police officer.” In many states, it’s actually legal for police to have sex with prostitutes during the course of sting operations.

While the problem of cops engaged in sex trafficking is part of the American police state’s seedy underbelly that doesn’t get addressed enough, equally alarming is the number of cops who commit sex crimes against those they encounter as part of their job duties, a largely underreported number given the “blue wall of silence” that shields police misconduct.

Former Seattle police chief Norm Stamper describes cases in which cops fondled prisoners, made false traffic stops of attractive women, traded sexual favors for freedom, had sex with teenagers and raped children.

Young girls are particularly vulnerable to these predators in blue.

Former police officer Phil Stinson estimates that half of the victims of police sex crimes are minors under the age of eighteen.

According to The Washington Post, a national study found that 40 percent of reported cases of police sexual misconduct involved teens. One young woman was assaulted during a “ride along” with an officer, who said in a taped confession: “The badge gets you the p—y and the p—y gets your badge, you know?

For example, a Pennsylvania police chief and his friend were arrested for allegedly raping a young girl hundreds of times—orally, vaginally, and anally several times a week—over the course of seven years, starting when she was 4 years old.

In 2017, two NYPD cops were accused of arresting a teenager, handcuffing her, and driving her in an unmarked van to a nearby parking lot, where they raped her and forced her to perform oral sex on them, then dropped her off on a nearby street corner.

The New York Times reports that “a sheriff’s deputy in San Antonio was charged with sexually assaulting the 4-year-old daughter of an undocumented Guatemalan woman and threatening to have her deported if she reported the abuse.”

One young girl, J.E., was kidnapped by a Border Patrol agent when she was 14 years old, taken to his apartment and raped. “In the apartment, there were two beds on top of the other, children’s bunk beds, and ropes there, too. They were shoelaces. For my wrists and my feet. My mind was blank,” recalls J.E. “I was trying to understand everything. I didn’t know what to do. My feet were tied up. I would look at him and he had a gun. And that frightened me. I asked him why, and he answered me that he was doing this to me because I was the prettiest one of the three.”

Two teenage girls accused a Customs and Border Protection officer of forcing them to strip, fondling them, then trying to get them to stop crying by offering chocolates, potato chips and a blanket. The government settled the case for $125,000.

Mind you, this is the same government that has been separating immigrant children from their parents and locking them up in detention centers, where they are easy prey for sexual predators. So far, the government has received more than 4500 complaints about sexual abuse at those child detention facilities.

This is also the same government that “lost” almost 1500 migrant children. Who knows how many of those children ended up in the hands of traffickers?

The police state’s sexual assaults of children are sickening enough, but when you add sex crimes against grown women into the mix, the picture becomes even more sordid.

According to The Washington Post, “research on ‘police sexual misconduct’—a term used to describe actions from sexual harassment and extortion to forcible rape by officers—overwhelmingly concludes that it is a systemic problem.”

Investigative journalist Andrea Ritchie has tracked national patterns of sexual violence by police officers during traffic stops, in addition to heightened risk from minor offenses, drug arrests and police interactions with teenagers.

Victims of domestic abuse, women of color, transgender women, women who use drugs or alcohol, and women involved in the sex trade are particularly vulnerable to sexual assault by police.

One Oklahoma City police officer allegedly sexually assaulted at least seven women while on duty over the course of four months, including a 57-year-old grandmother who says she was forced to give the cop oral sex after he pulled her over.

A Philadelphia state trooper, eventually convicted of assaulting six women and teenagers, once visited the hospital bedside of a pregnant woman who had attempted suicide, and groped her breasts and masturbated.

These aren’t isolated incidents.

According to research from Bowling Green State University, police officers in the U.S. were charged with more than 400 rapes over a 9-year period. During that same time period, 600 police officers were arrested for forcible fondling; 219 were charged with forcible sodomy; 186 were arrested for statutory rape; 58 for sexual assault with an object; and 98 with indecent exposure.

Sexual assault is believed to be the second-most reported form of misconduct against police officers after the use of excessive force, making up more than 9% of all complaints.

Even so, these crimes are believed to be largely underreported so much so that sex crimes may in fact be the number one form of misconduct among police officers.

So why are the numbers underreported? “The women are terrified. Who are they going to call? It’s the police who are abusing them,” said Penny Harrington, the former police chief of Portland, Ore.

One Philadelphia cop threatened to arrest a teenager for carjacking unless she had sex with him. “He had all the power. I had no choice,” testified the girl. “Who was I? He had his badge.”

This is the danger of a police state that invests its henchmen with so much power that they don’t even need to use handcuffs or a gun to get what they want.

Making matters worse, most police departments do little to identify the offenders, and even less to stop them. “Unlike other types of police misconduct, the abuse of police power to coerce sex is little addressed in training, and rarely tracked by police disciplinary systems,” conclude Nancy Phillips and Craig R. McCoy writing for the Philadelphia Inquirer. “This official neglect makes it easier for predators to escape punishment and find new victims.”

Unfortunately, this is a problem that is hiding in plain sight, covered up by government agencies that are failing in their constitutional duties to serve and protect “we the people.”

That thin blue line of knee-jerk adulation and absolute loyalty to police above and beyond what the law requires—a line frequently pushed by President Trump—is creating a menace to society that cannot be ignored.

An investigative report into police misconduct illustrates the pervasiveness of the problem when police go rogue. According to USA Today:

At least 85,000 law enforcement officers across the USA have been investigated or disciplined for misconduct over the past decade… Officers have beaten members of the public, planted evidence and used their badges to harass women. They have lied, stolen, dealt drugs, driven drunk and abused their spouses. Despite their role as public servants, the men and women who swear an oath to keep communities safe can generally avoid public scrutiny for their misdeeds. The records of their misconduct are filed away, rarely seen by anyone outside their departments. Police unions and their political allies have worked to put special protections in place ensuring some records are shielded from public view, or even destroyed. Obtained from thousands of state agencies, prosecutors, police departments and sheriffs, the records detail at least 200,000 incidents of alleged misconduct, much of it previously unreported… They include 22,924 investigations of officers using excessive force, 3,145 allegations of rape, child molestation and other sexual misconduct and 2,307 cases of domestic violence by officers.

As researcher Jonathan Blanks notes, “The system is rigged to protect police officers from outside accountability. The worst cops are going to get the most protection.

Hyped up on the power of the badge and their weaponry, protected from charges of wrongdoing by police unions and government agencies, and empowered by rapidly advancing tools—technological and otherwise—that make it all too easy to identify, track and take advantage of vulnerable members of society, predators on the nation’s police forces are growing in number.

“It can start with a police officer punching a woman’s license plate into a police computer – not to see whether a car is stolen, but to check out her picture,” warns investigative journalists Nancy Phillips and Craig R. McCoy. “If they are not caught, or left unpunished, the abusers tend to keep going, and get worse, experts say.”

So where does this leave us?

The courts, by allowing the government’s desire for unregulated, unaccountable, expansive power to trump justice and the rule of law, have turned away from this menace. Politicians, eager for the support of the powerful police unions, have turned away from this menace. Religious leaders who should know better but instead have silenced their moral conscience in order to cozy up to political power have turned away from this menace.

Distracted by political theater, divided by politics, disenfranchised by a legislative and judicial system that renders us powerless in the face of the police state’s many abuses, “we the people” have also turned a blind eye to this menace.

We must stop turning away from this menace in our midst.

For starters, police should not be expected—or allowed—to police themselves.

Misconduct by local police has become a national problem. Therefore, the response to this national problem must start at the local level.

This is no longer a matter of a few bad apples.

The entire system has become corrupted and must be reformed.

Greater oversight is needed, yes, but also greater accountability and more significant consequences for assaults.

Andrea Ritchie’s piece in The Washington Post provides some practical suggestions for reform ranging from small steps to structural changes (greater surveillance of police movements, heightened scrutiny of police interactions and traffic stops, and more civilian oversight boards), but as she acknowledges, these efforts still don’t strike at the root of the problem: a criminal justice system that protects abusers and encourages abuse.

It’s difficult to say whether modern-day policing with its deep-seated corruption, immunity from accountability, and authoritarian approach to law enforcement attracts this kind of deviant behavior or cultivates it, but empowering police to view themselves as the best, or even the only, solution to the public’s problems, while failing to hold them accountable for misconduct, will only deepen the policing crisis that grows deadlier and more menacing by the day.

WC: 2286

Source: https://www.rutherford.org/publications_resources/john_whiteheads_commentary/predator_cops_guilty_of_sex_crimes_sex_trafficking_are_a_menace_to_society
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  is available at 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.

 

 

“In too much of policing today, officer safety has become the highest priority. It trumps the rights and safety of suspects. It trumps the rights and safety of bystanders. It’s so important, in fact, that an officer’s subjective fear of a minor wound from a dog bite is enough to justify using potentially lethal force, in this case at the expense of a 4-year-old girl. And this isn’t the first time. In January, an Iowa cop shot and killed a woman by mistake while trying to kill her dog. Other cops have shot other kidsother bystanderstheir partnerstheir supervisors and even themselves while firing their guns at a dog. That mind-set is then, of course, all the more problematic when it comes to using force against people.”—Journalist Radley Balko

The absurd cruelties of the American police state keep reaching newer heights.

Consider that if you kill a police dog, you could face a longer prison sentence than if you’d murdered someone or abused a child.

If a cop kills your dog, however, there will be little to no consequences for that officer.

Not even a slap on the wrist.

In this, as in so many instances of official misconduct by government officials, the courts have ruled that the cops have qualified immunity, a legal doctrine that incentivizes government officials to engage in lawless behavior without fear of repercussions.

This is the heartless, heartbreaking, hypocritical injustice that passes for law and order in America today.

It is estimated that a dog is shot by a police officer “every 98 minutes.”

The Department of Justice estimates that at least 25 dogs are killed by police every day.

The Puppycide Database Project estimates the number of dogs being killed by police to be closer to 500 dogs a day (which translates to 182,000 dogs a year).

In 1 out of 5 cases involving police shooting a family pet, a child was either in the police line of fire or in the immediate area of a shooting. For instance, a 4-year-old girl was accidentally shot in the leg after a police officer opened fire on a dog running towards him, missed and hit the little girl instead.

At a time when police are increasingly inclined to shoot first and ask questions later, it doesn’t take much to provoke a cop into opening fire on an unarmed person guilty of doing nothing more than standing a certain way, or moving a certain way, or holding something—anything—that police could misinterpret to be a weapon.

All a cop has to do is cite an alleged “fear” for his safety.

According to the Sixth Circuit Court of Appeals, all it takes for dogs to pose a sufficient threat to police to justify them opening fire is for the dog to move or bark.

Even in the absence of an actual threat, the perception of a threat is enough for qualified immunity to kick in and for the cop to be let off the hook for behavior that would get the rest of us jailed for life.

As journalist Radley Balko points out, “In too much of policing today, officer safety has become the highest priority. It trumps the rights and safety of suspects. It trumps the rights and safety of bystanders. It’s so important, in fact, that an officer’s subjective fear of a minor wound from a dog bite is enough to justify using potentially lethal force.”

The epidemic of cops shooting dogs takes this shameful behavior to a whole new level, though.

It doesn’t take much for a cop to shoot a dog.

Dogs shot and killed by police have been “guilty” of nothing more menacing than wagging their tails, barking in greeting, or merely being in their own yard.

For instance, Spike, a 70-pound pit bull, was shot by NYPD police when they encountered him in the hallway of an apartment building in the Bronx. Surveillance footage shows the dog, tail wagging, right before an officer shot him in the head at pointblank range.

Arzy, a 14-month-old Newfoundland, Labrador and golden retriever mix, was shot between the eyes by a Louisiana police officer. The dog had been secured on a four-foot leash at the time he was shot. An independent witness testified that the dog never gave the officer any provocation to shoot him.

Seven, a St. Bernard, was shot repeatedly by Connecticut police in the presence of the dog’s 12-year-old owner. Police, investigating an erroneous tip, had entered the property—without a warrant—where the dog and her owner had been playing in the backyard, causing the dog to give chase.

Dutchess, a 2-year-old rescue dog, was shot three times in the head by Florida police as she ran out her front door. The officer had been approaching the house to inform the residents that their car door was open when the dog bounded out to greet him.

Yanna, a 10-year-old boxer, was shot three times by Georgia police after they mistakenly entered the wrong home and opened fire, killing the dog, shooting the homeowner in the leg and wounding an investigating officer.

Payton, a 7-year-old black Labrador retriever, and 4-year-old Chase, also a black Lab, were shot and killed after a SWAT team mistakenly raided the mayor’s home while searching for drugs. Police shot Payton four times. Chase was shot twice, once from behind as he ran away. “My government blew through my doors and killed my dogs. They thought we were drug dealers, and we were treated as such. I don’t think they really ever considered that we weren’t,” recalls Mayor Cheye Calvo, who described being handcuffed and interrogated for hours—wearing only underwear and socks—surrounded by the dogs’ carcasses and pools of the dogs’ blood.

In another instance, a Missouri SWAT team raided a family home, killing a 4-year-old pit bull Kiya. Believe it or not, this time the SWAT raid wasn’t in pursuit of drugs, mistaken or otherwise, but was intended “to check if [the] home had electricity and natural gas service.”

A dog doesn’t even have to be an aggressive breed to be shot by a cop.

Balko has documented countless “dog shootings in which a police officer said he felt ‘threatened’ and had no choice but to use lethal force, including the killing of a Dalmatian (more than once), a yellow Lab , a springer spaniel, a chocolate Lab, a boxer, an Australian cattle dog, a Wheaten terrier, an Akita… a Jack Russell terrier… a 12-pound miniature dachshund… [and] a five-pound chihuahua.”

Chihuahuas, among the smallest breed of dog (known as “purse” dogs), seem to really push cops over the edge.

In Arkansas, for example, a sheriff’s deputy shot an “aggressive” chihuahua for barking repeatedly. The dog, Reese’s, required surgery for a shattered jaw and a feeding tube to eat.

Same thing happened in Texas, except Trixie—who was on the other side of a fence from the officer—didn’t survive the shooting.

Let’s put this in perspective, shall we?

We’re being asked to believe that a police officer, fully armed, trained in combat and equipped to deal with the worst case scenario when it comes to violence, is so threatened by a yipping purse dog weighing less than 10 pounds that the only recourse is to shoot the dog?

If this is the temperament of police officers bred by the police state, we should all be worried.

Clearly, our four-legged friends are suffering at the hands of an inhumane police state in which the police have all the rights, the citizenry have very few rights, and our pets—viewed by the courts as personal property like a car or a house, but far less valuable—have no rights at all.

So what’s to be done?

Essentially, it comes down to training and accountability.

It’s the difference between police officers who rank their personal safety above everyone else’s and police officers who understand that their jobs are to serve and protect.

It’s the difference between police who are trained to shoot to kill and police trained to resolve situations peacefully.

Most of all, it’s the difference between police who believe the law is on their side and police who know that they will be held to account for their actions under the same law as everyone else.

Unfortunately, more and more police are being trained to view themselves as distinct from the citizenry, to view their authority as superior to the citizenry, and to view their lives as more precious than those of their citizen counterparts. Instead of being taught to see themselves as mediators and peacemakers whose lethal weapons are to be used as a last resort, they are being drilled into acting like gunmen with killer instincts who shoot to kill rather than merely incapacitate.

These dog killings are, as Balko recognizes, “a side effect of the new SWAT, paramilitary focus in many police departments, which has supplanted the idea of being an ‘officer of the peace.’”

Thus, whether you’re talking about police shooting dogs or citizens, the mindset is the same: a rush to violence, abuse of power, fear for officer safety, poor training in how to de-escalate a situation, and general carelessness.

It’s time to rein in this abuse of power.

A good place to start is by requiring police to undergo classes annually on how to peacefully resolve and de-escalate situations with the citizenry. While they’re at it, they should be forced to de-militarize. No one outside the battlefield—and barring a foreign invasion, the U.S. should never be considered a domestic battlefield—should be equipped with the kinds of weapons and gear being worn and used by local police forces today. If the politicians are serious about instituting far-reaching gun control measures, let them start by taking the guns and SWAT teams away from the countless civilian agencies that have nothing to do with military defense that are packing lethal heat.

Ultimately, this comes down to better—and constant—training in nonviolent tactics, serious consequences for those who engage in excessive force, and a seismic shift in how law enforcement agencies and the courts deal with those who transgress.

In terms of our four-legged friends, many states are adopting laws to make canine training mandatory for police officers. As dog behavior counselor Brian Kilcommons noted, officers’ inclination to “take command and take control” can cause them to antagonize dogs unnecessarily. Officers “need to realize they’re there to neutralize, not control… If they have enough money to militarize the police with Humvees, they have enough money to train them not to kill family members. And pets are considered family.”

After all, as the Washington Post points out, while “postal workers regularly encounter both vicious and gregarious dogs on their daily rounds… letter carriers don’t kill dogs, even though they are bitten by the thousands every year. Instead, the Postal Service offers its employees training on how to avoid bites.” Journalist Dale Chappell adds, “Using live dogs, handlers and trainers put postal workers through scenarios to teach them how to read a dog’s behavior and calm a dog, or fend it off, if necessary. Meter readers also have benefited from the same training, drastically reducing incidents of dog bites.”

The Rutherford Institute is working on a program aimed at training police to deescalate their interactions with dogs rather than resorting to lethal force, while providing pet owners with legal resources to better protect the four-legged members of their household.

Yet as I point out in my book Battlefield America: The War on the American People, there will be no end to the bloodshed—of unarmed Americans or their family pets—until police stop viewing themselves as superior to those whom they are supposed to serve and start acting like the peace officers they’re supposed to be.

WC: 1967

SOURCE: https://rutherford.org/publications_resources/john_whiteheads_commentary/dont_shoot_the_dogs_the_growing_epidemic_of_cops_shooting_family_dogs

ABOUT JOHN W. WHITEHEAD

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 is available online at http://www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

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