Posts Tagged ‘prison’

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.

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

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

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

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

This is how tyranny rises and freedom falls.

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peacefully reform their government, when government officials cease to act like public servants, when elected officials no longer represent the will of the people, when the government routinely violates the rights of the people and perpetrates more violence against the citizenry than the criminal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

What we have is a government of wolves.

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

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

The facts speak for themselves.

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

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

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

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

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

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

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

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

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

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

Our backs are against the proverbial wall.

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

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

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

We have suffered.

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

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

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

“Our carceral state banishes American citizens to a gray wasteland far beyond the promises and protections the government grants its other citizens… When the doors finally close and one finds oneself facing banishment to the carceral state—the years, the walls, the rules, the guards, the inmates—reactions vary. Some experience an intense sickening feeling. Others, a strong desire to sleep. Visions of suicide. A deep shame. A rage directed toward guards and other inmates. Utter disbelief. The incarcerated attempt to hold on to family and old social ties through phone calls and visitations. At first, friends and family do their best to keep up. But phone calls to prison are expensive, and many prisons are located far from one’s hometown… As the visits and phone calls diminish, the incarcerated begins to adjust to the fact that he or she is, indeed, a prisoner. New social ties are cultivated. New rules must be understood.”—Ta-Nehisi Coates, TheAtlantic

In a carceral state—a.k.a. a prison state or a police state—there is no Fourth Amendment to protect you from the overreaches, abuses, searches and probing eyes of government overlords.

In a carceral 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.

In a carceral state, there are only two kinds of people: the prisoners and the prison guards.

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.

Battlefield_Cover_300As 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.

Indeed, we are experiencing much the same phenomenon that journalist Ta-Nehisi Coates ascribes to those who are banished to a “gray wasteland far beyond the promises and protections the government grants its other citizens” : a sickening feeling, a desire to sleep, hopelessness, shame, rage, disbelief, clinginess to the past and that which is familiar, and then eventually resignation and acceptance of our new “normal.”

All that we are experiencing—the sense of dread at what is coming down the pike, the desperation, the apathy about government corruption, the deeply divided partisanship, the carnivalesque political spectacles, the public displays of violence, the nostalgia for the past—are part of the dying refrain of an America that is fading fast.

No longer must the government obey the law.

Likewise, “we the people” are no longer shielded by the rule of law.

While the First Amendment—which gives us a voice—is being muzzled, the Fourth Amendment—which protects us from being bullied, badgered, beaten, broken and spied on by government agents—is being disemboweled.

For instance, in a recent 5-3 ruling in Utah v. Strieff, the U.S. Supreme Court opened the door for police to stop, arrest and search citizens without reasonable suspicion or probable cause, effectively giving police a green light to embark on a fishing expedition of one’s person and property, rendering Americans completely vulnerable to the whims of any cop on the beat.

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In a blistering dissent, Justice Sonia Sotomayor blasted the court for holding “that the discovery of a warrant for an unpaid parking ticket will forgive a police officer’s violation of your Fourth Amendment rights.” Sotomayor continued:

This Court has allowed an officer to stop you for whatever reason he wants—so long as he can point to a pretextual justification after the fact. That justification must provide specific reasons why the officer suspected you were breaking the law, but it may factor in your ethnicity, where you live, what you were wearing, and how you behaved. The officer does not even need to know which law you might have brokenso long as he can later point to any possible infraction—even one that is minor, unrelated, or ambiguous.

The indignity of the stop is not limited to an officer telling you that you look like a criminal. The officer may next ask for your “consent” to inspect your bag or purse without telling you that you can decline. Regardless of your answer, he may order you to stand “helpless, perhaps facing a wall with [your] hands raised.” If the officer thinks you might be dangerous, he may then “frisk” you for weapons. This involves more than just a pat down. As onlookers pass by, the officer may “‘feel with sensitive fingers every portion of [your] body. A thorough search [may] be made of [your] arms and armpits, waistline and back, the groin and area about the testicles, and entire surface of the legs down to the feet.’”

If you still can’t read the writing on the wall, Sotomayor breaks it down further: “This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants—even if you are doing nothing wrong… So long as the target is one of the many millions of people in this country with an outstanding arrest warrant, anything the officer finds in a search is fair game for use in a criminal prosecution. The officer’s incentive to violate the Constitution thus increases…”

Just consider some of the many other ways in which the Fourth Amendment—which ensures that the government can’t harass you, let alone even investigate you, without probable cause—has been weakened and undermined by the courts, the legislatures and various government agencies and operatives.

Breath tests, blood draws: Americans have no protection against mandatory breathalyzer tests at a police checkpoint, although mandatory blood draws violate the Fourth Amendment (Birchfield v. North Dakota).

Ignorance of the law is defensible if you work for the government: Police officers who violate the law can be granted qualified immunity if they claim ignorance of the law (Heien v. North Carolina). That rationale was also applied to police who clearly used excessive force when they repeatedly tasered a pregnant woman during a routine traffic stop and were granted immunity from prosecution (Brooks v. City of Seattle).

Highspeed car chases: Police officers can use lethal force in car chases without fear of lawsuits (Plumhoff v. Rickard).

Noknock raids: Police can perform a “no-knock” as long as they have a reasonable suspicion that knocking and announcing their presence, under the particular circumstances, would be dangerous or futile or give occupants a chance to destroy evidence of a crime (Richards v. Wisconsin). Legal ownership of a firearm is also enough to justify a no-knock raid by police (Quinn v. Texas).

Warrantless searches by police: Police can carry out warrantless searches on our homes based on a “reasonable” concern by police that a suspect (or occupant) might be attempting to destroy evidence, fleeing or hurt, even if it’s the wrong house (Kentucky v. King). Police can also, without a warrant, search anyone who has been lawfully arrested (United States v. Robinson) as well as their property post-arrest (Colorado v. Bertine) and their vehicle (New York v.Belton), search a car they suspect might contain evidence of a crime (Chambers v. Maroney), and search a home when the arrest is made on its premises (Maryland v. Buie).

Forced DNA extractions: Police can forcibly take your DNA, whether or not you’ve been convicted of a crime. Innocent or not, your DNA will then be stored in the national FBI database (Maryland v. King).

Strip searches: Police can subject Americans to virtual strip searches, no matter the “offense” (Florence v. Board ofChosen Freeholders of the County of Burlington). This “license to probe” is now being extended to roadside stops, as police officers throughout the country have begun performing roadside strip searches—some involving anal and vaginal probes—without any evidence of wrongdoing and without a warrant.

Seizures: For all intents and purposes, you’re “seized” within the meaning of the Fourth Amendment from the moment an officer stops you (Brendlin v. California).

Search warrants on a leash: Police have free reign to use drug-sniffing dogs as “search warrants on leashes,” justifying any and all police searches of vehicles stopped on the roadside (Florida v. Harris), but the use of a K-9 unit after a reasonable amount of time has passed during a stop does violate the Fourth Amendment (Rodriguez v. United States).

Police and DUI Checkpoints: Police can conduct sobriety and “information-seeking” checkpoints (Illinois v. Lidster andMich. Dept of State Police v. Sitz).

Interrogating public transit passengers: Police officers are free to board a bus, question passengers, and ask for consent to search without notifying them of their right to refuse (U.S v. Drayton).

Warrantless arrests for minor criminal offenses: Police can arrest you for minor criminal offenses, such as a misdemeanor seatbelt violation, punishable only by a fine (Atwater v. City of Lago Vista).

Stop and identify: Refusing to answer when a policeman asks “What’s your name?” can rightfully be considered a crime. No longer do Americans, even those not charged with any crime, have the right to remain altogether silent when stopped and questioned by a police officer (Hiibel v. Sixth Judicial District Court of the State of Nevada).

Traffic stops: As long as police have reasonable cause to believe that a traffic violation occurred, they may stop any vehicle (Whren v. U.S.). If probable cause justifies a vehicle search, then every part of the vehicle can be searched (U.S. v. Ross). A vehicle can be stopped even if the driver has not committed a traffic offense (U.S. v. Cortez).

Anonymous tips, careful driving, rigid posture and acne: Police officers can stop cars based only on “anonymous” tips (Navarette v. California). Police can also pull you over if you are driving too carefully, with a rigid posture, taking a scenic route, and have acne (U.S. v. Westhoven).

What many Americans fail to understand is the devastating amount of damage that can be done to one’s freedoms long before a case ever makes its way to court by government agents who are violating the Fourth Amendment at every turn. This is how freedoms, long undermined, can give way to tyranny through constant erosion and become part of the fabric of the police state through constant use.

Phone and email surveillance, databases for dissidents, threat assessments, terror watch lists, militarized police, SWAT team raids, security checkpoints, lockdowns, roadside strip searches: there was a time when any one of these encroachments on our Fourth Amendment rights would have roused the public to outrage. Today, such violations are shrugged off matter-of-factly by Americans who have been assiduously groomed to accept the intrusions of the police state into their private lives.

So when you hear about the FBI hacking into Americans’ computers without a warrant with the blessing of the courts, or states assembling and making public terror watch lists containing the names of those who are merely deemed suspicious, or the police knocking on the doors of activists in advance of political gatherings to ascertain their plans for future protests, or administrative government agencies (such as the FDA, Small Business Administration, Smithsonian, Social Security, National Oceanic and Atmospheric Administration, U.S. Mint, and Department of Education) spending millions on guns and ammunition, don’t just matter-of-factly file it away in that part of your brain reserved for things you may not like but over which you have no control.

It’s true that there may be little the average person can do to push back against the police state on a national level, but there remains some hope at the local level as long as we retain a speck of our independence and individuality—as long as we can resist the defeatist sense of double-consciousness (a phrase coined by W. E. B. Du Bois in which we view ourselves as inferior through the prism of our oppressors)—as long as we continue to cry out for justice for ourselves and those around us—as long as we refuse to be shackled and made prisoners—and as long as we continue to recognize that the only way the police state can truly acquire and retain power is if we relinquish it through our negligence, complacence and ignorance.

Unfortunately, we have been utterly brainwashed into believing the government’s propaganda and lies. Americans actually celebrate with perfect sincerity the anniversary of our independence from Great Britain without ever owning up to the fact that we are as oppressed now—more so, perhaps, thanks to advances in technology—than we ever were when Redcoats stormed through doorways and subjected colonists to the vagaries of a police state.

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 our constitutional rights 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 one-sided agreement, the government and its many operatives have all the privileges and rights and “we the prisoners” have none.

As Sotomayor concluded in her ringing dissent in Utah v. Strieff:

By legitimizing the conduct that produces this double consciousness, this case tells everyone, white and black, guilty and innocent, that an officer can verify your legal status at any time. It says that your body is subject to invasion while courts excuse the violation of your rights. It implies that you are not a citizen of a democracy but the subject of a carceral state, just waiting to be cataloged. We must not pretend that the countless people who are routinely targeted by police are “isolated.” They are the canaries in the coal mine whose deaths, civil and literal, warn us that no one can breathe in this atmosphere. They are the ones who recognize that unlawful police stops corrode all our civil liberties and threaten all our lives. Until their voices matter too, our justice system will continue to be anything but.


The original post can be found here.

 

“No man in the wrong can stand up against a fellow that’s in the right and keeps on a-comin’.”—Texas Rangers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

“It is perfectly possible for a man to be out of prison and yet not free—to be under no physical constraint and yet be a psychological captive, compelled to think, feel and act as the representatives of the national state, or of some private interest within the nation wants him to think, feel and act. . . . To him the walls of his prison are invisible and he believes himself to be free.”—Aldous Huxley, A Brave New World Revisited

Free worlders” is prison slang for those who are not incarcerated behind prison walls.  Supposedly, those fortunate souls live in the “free world.” However, appearances can be deceiving.

“As I got closer to retiring from the Federal Bureau of Prisons,” writes former prison employee Marlon Brock, “it began to dawn on me that the security practices we used in the prison system were being implemented outside those walls.” In fact, if Brock is right, then we “free worlders” do live in a prison—albeit, one without visible walls.

In federal prisons, cameras are everywhere in order to maintain “security” and keep track of the prisoners. Likewise, the “free world” is populated with video surveillance and tracking devices. From surveillance cameras in stores and street corners to license plate readers (with the ability to log some 1,800 license plates per hour) on police cars, our movements are being tracked virtually everywhere. With this increasing use of iris scanners and facial recognition software—which drones are equipped with—there would seem to be nowhere to hide.

Detection and confiscation of weapons (or whatever the warden deems “dangerous”) in prison is routine. The inmates must be disarmed. Pat downs, checkpoints, and random searches are second nature in ferreting out contraband.

Sound familiar?

Metal detectors are now in virtually all government buildings. There are the TSA scanning devices and metal detectors we all have to go through in airports. Police road blocks and checkpoints are used to perform warrantless searches for contraband. Those searched at road blocks can be searched for contraband regardless of their objections—just like in prison. And there are federal road blocks on American roads in the southwestern United States. Many of them are permanent and located up to 100 miles from the border.

Stop and frisk searches are taking place daily across the country. Some of them even involve anal and/or vaginal searches. In fact, the U.S. Supreme Court has approved strip searches even if you are arrested for a misdemeanor—such as a traffic stop. Just like a prison inmate.

Prison officials open, search and read every piece of mail sent to inmates. This is true of those who reside outside prison walls, as well. In fact, “the United States Postal Service uses a ‘Mail Isolation Control and Tracking Program’ to create a permanent record of who is corresponding with each other via snail mail.” Believe it or not, each piece of physical mail received by the Postal Service is photographed and stored in a database. Approximately 160 billion pieces of mail sent out by average Americans are recorded each year and the police and other government agents have access to this information.

Prison officials also monitor outgoing phone calls made by inmates. This is similar to what the NSA, the telecommunication corporation, and various government agencies do continually to American citizens. The NSA also downloads our text messages, emails, Facebook posts, and so on while watching everything we do.

Then there are the crowd control tactics: helmets, face shields, batons, knee guards, tear gas, wedge formations, half steps, full steps, pinning tactics, armored vehicles, and assault weapons. Most of these phrases are associated with prison crowd control because they were perfected by prisons.

Finally, when a prison has its daily operations disturbed, often times it results in a lockdown. What we saw with the “free world” lockdowns following the 2013 Boston Marathon bombing and the melees in Ferguson, Missouri and Baltimore, Maryland, mirror a federal prison lockdown.

These are just some of the similarities between the worlds inhabited by locked-up inmates and those of us who roam about in the so-called “free world.”

Is there any real difference?

To those of us who see the prison that’s being erected around us, it’s a bit easier to realize what’s coming up ahead, and it’s not pretty. However, and this must be emphasized, what most Americans perceive as life in the United States of America is a far cry from reality. Real agendas and real power are always hidden.

As Author Frantz Fanon notes, “Sometimes people hold a core belief that is very strong. When they are presented with evidence that works against that belief, the new evidence cannot be accepted. It would create a feeling that is extremely uncomfortable, called cognitive dissonance. And because it is so important to protect the core belief, they will rationalize, ignore and even deny anything that doesn’t fit in with the core belief.”

This state of denial and rejection of reality is the essential plot of John Carpenter’s 1988 film They Live, where a group of down-and-out homeless men discover that people have been, in effect, so hypnotized by media distractions that they do not see their prison environment and the real nature of those who control them—that is, an oligarchic elite.

Caught up in subliminal messages such as “obey” and “conform,” among others, beamed out of television and various electronic devices, billboards, and the like, people are unaware of the elite controlling their lives. As such, they exist, as media analyst Marshall McLuhan once wrote, in “prisons without walls.” And of course, any resistance is met with police aggression.

A key moment in the film occurs when John Nada, a homeless drifter, notices something strange about people hanging about a church near the homeless settlement where he lives. Nada decides to investigate. Entering the church, he sees graffiti on a door: They live, We sleep. Nada overhears two men, obviously resisters, talking about “robbing banks” and “manufacturing Hoffman lenses until we’re blue in the face.” Moments later, one of the resisters catches Nada fumbling in the church and tells him “it’s the revolution.” When Nada nervously backs off, the resister assures him, “You’ll be back.”

Rummaging through a box, Nada discovers a handful of cheap-looking sunglasses, referred to earlier as Hoffman lenses. Grabbing a pair and exiting the church, he starts walking down a busy urban street.

Sliding the sunglasses on his face, Nada is shocked to see a society bombarded and controlled on every side by subliminal messages beamed at them from every direction. Billboards are transformed into authoritative messages: a bikini-clad woman in one ad is replaced with the words “MARRY AND REPRODUCE.” Magazine racks scream “CONSUME” and “OBEY.” A wad of dollar bills in a vendor’s hand proclaims, “THIS IS YOUR GOD.”

What’s even more disturbing than the hidden messages, however, are the ghoulish-looking creatures—the elite—who appear human until viewed them through the lens of truth.

This is the subtle message of They Live, an apt analogy of our own distorted vision of life in the American police state. These things are in plain sight, but from the time we are born until the time we die, we are indoctrinated into believing that those who rule us do it for our good. The truth, far different, is that those who rule us don’t really see us as human beings with dignity and worth. They see us as if “we’re livestock.”

It’s only once Nada’s eyes have been opened that he is able to see the truth: “Maybe they’ve always been with us,” he says. “Maybe they love it—seeing us hate each other, watching us kill each other, feeding on our own cold f**in’ hearts.” Nada, disillusioned and fed up with the lies and distortions, is finally ready to fight back. “I got news for them. Gonna be hell to pay. Cause I ain’t daddy’s little boy no more.”

What about you?

Battlefield_Cover_300As I point out in my book Battlefield America: The War on the American People, the warning signs have been cautioning us for decades. Oblivious to what lies ahead, most have ignored the obvious. We’ve been manipulated into believing that if we continue to consume, obey, and have faith, things will work out. But that’s never been true of emerging regimes. And by the time we feel the hammer coming down upon us, it will be too late.

As Rod Serling warned:

All the Dachaus must remain standing. The Dachaus, the Belsens, the Buchenwalds, the Auschwitzes—all of them. They must remain standing because they are a monument to a moment in time when some men decided to turn the earth into a graveyard, into it they shoveled all of their reason, their logic, their knowledge, but worst of all their conscience. And the moment we forget this, the moment we cease to be haunted by its remembrance. Then we become the grave diggers.

The message: stay alert.

Take the warning signs seriously. And take action because the paths to destruction are well disguised by those in control.

This is the lesson of history.

“As nightfall does not come at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air – however slight – lest we become unwitting victims of the darkness.” ― Supreme Court Justice William O. Douglas

No matter what the politicians say about how great America is and how we, as a people, will always triumph, the fact is that the nation seems to be imploding.

Despite the dire state of our nation, however, you can rest assured that none of the problems that continue to plague our lives and undermine our freedoms will be addressed by our so-called elected representatives in any credible, helpful way, and certainly not during a State of the Union address.

Consider the following facts:

Our government is massively in debt. Currently, the national debt is somewhere in the vicinity of $18 trillion. More than a third of our debt is owned by foreign countries, namely China and Japan.

Our education system is abysmal. Despite the fact that we spend more than most of the world on education ($115,000 per student), we rank 36th in the world when it comes to math, reading and science, far below most of our Asian counterparts. Even so, we continue to insist on standardized programs such as Common Core, which teach students to be test-takers rather than thinkers.

Source: USA Today

Our homes provide little protection against government intrusions. Police agencies, already empowered to crash through your door if they suspect you’re up to no good, now have radars that allow them to “see” through the walls of your home.

Our prisons, housing the largest number of inmates in the world and still growing, have become money-making enterprises for private corporations that rely on the inmates for cheap labor.

We are no longer a representative republic. The U.S. has become a corporate oligarchy. As a recent survey indicates, our elected officials, especially those in the nation’s capital, represent the interests of the rich and powerful rather than the average citizen.

We’ve got the most expensive, least effective health care system in the world compared to other western, industrialized nations.

The air pollution levels are dangerously high for almost half of the U.S. population, putting Americans at greater risk of premature death, aggravated asthma, difficulty breathing and future cardiovascular problems.

Despite outlandish amounts of money being spent on the nation’s “infrastructure,” there are more than 63,000 bridges—one out of every 10 bridges in the country—in urgent need of repair. Some of these bridges are used 250 million times a day by trucks, school buses, passenger cars and other vehicles.

Americans know little to nothing about their rights or how the government is supposed to operate. This includes educators and politicians. For example, 27 percent of elected officials cannot name even one right or freedom guaranteed by the First Amendment, while 54 percent do not know the Constitution gives Congress the power to declare war.

Nearly one out of every three American children live in poverty, ranking us among the worst in the developed world.

Patrolled by police, our schools have become little more than quasi-prisons in which kids as young as age 4 are being handcuffed for “acting up,” subjected to body searches and lockdowns, and suspended for childish behavior.

We’re no longer innocent until proven guilty. In our present surveillance state, that burden of proof has now been shifted so that we are all suspects to be spied on, searched, scanned, frisked, monitored, tracked and treated as if we’re potentially guilty of some wrongdoing or other.

Parents, no longer viewed as having an inherent right to raise their children as they see fit, are increasingly being arrested for letting their kids walk to the playground alone, or play outside alone. Similarly, parents who challenge a doctor’s finding or request a second opinion regarding their children’s health care needs are being charged with medical child abuse and, in a growing number of cases, losing custody of their children to the government.

Private property means little at a time when SWAT teams and other government agents can invade your home, break down your doors, kill your dog, wound or kill you, damage your furnishings and terrorize your family. Likewise, if government officials can fine and arrest you for growing vegetables in your front yard, praying with friends in your living room, installing solar panels on your roof, and raising chickens in your backyard, you’re no longer the owner of your property.

Court rulings undermining the Fourth Amendment and justifying invasive strip searches have left us powerless against police empowered to forcefully draw our blood, forcibly take our DNA, strip search us, and probe us intimately. Accounts are on the rise of individuals—men and women alike—being subjected to what is essentially government-sanctioned rape by police in the course of “routine” traffic stops.

Americans can no longer rely on the courts to mete out justice. The courts were established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet the courts increasingly march in lockstep with the police state, while concerned themselves primarily with advancing the government’s agenda, no matter how unjust or illegal.

Americans have no protection against police abuse. It is no longer unusual to hear about incidents in which police shoot unarmed individuals first and ask questions later. What is increasingly common, however, is the news that the officers involved in these incidents get off with little more than a slap on the hands.

If there is any absolute maxim by which the federal government seems to operate, it is that the American taxpayer always gets ripped off. This is true, whether you’re talking about taxpayers being forced to fund high-priced weaponry that will be used against us, endless wars that do little for our safety or our freedoms, or bloated government agencies such as the National Security Agency with its secret budgets, covert agendas and clandestine activities. Rubbing salt in the wound, even monetary awards in lawsuits against government officials who are found guilty of wrongdoing are paid by the taxpayer.

Americans are powerless in the face of militarized police. In early America, government agents were not permitted to enter one’s home without permission or in a deceitful manner. And citizens could resist arrest when a police officer tried to restrain them without proper justification or a warrant. Daring to dispute a warrant with a police official today who is armed with high-tech military weapons would be nothing short of suicidal. Moreover, as police forces across the country continue to be transformed into extensions of the military, Americans are finding their once-peaceful communities transformed into military outposts, complete with tanks, weaponry, and other equipment designed for the battlefield.

A Government of Wolves book coverNow these are not problems that you can just throw money at, as most politicians are inclined to do. As I point out in my book A Government of Wolves: The Emerging American Police State, these are problems that will continue to plague our nation unless and until Americans wake up to the fact that we’re the only ones who can change things.

For starters, we’ll need to actually pay attention to what’s going on around us, and I don’t mean by turning on the TV news, which is little more than government propaganda. Pay attention to what your local city councils are enacting. Pay attention to what your school officials are teaching and not teaching. Pay attention to whom your elected officials are allowing to wine and dine them.

Most of all, stop acting like it really matters whether you vote for a Republican or Democrat, because it doesn’t, and start acting like citizens who expect the government to work for them, rather than the other way around.

While that bloated beast called the federal government may not listen to you, you can have a great impact on your local governing bodies. This will mean gathering together with your friends and neighbors and, for example, forcing your local city council to start opposing state and federal programs that are ripping you off. And if need be, your local city council can refuse to abide by the dictates that continue to flow from Washington, DC.

All of the signs point to something nasty up ahead. The time to act is now.

WASHINGTON, DC — In a strong endorsement of religious liberty, the United States Supreme Court has unanimously held that the Arkansas Department of Corrections violated the rights of a Muslim prisoner by refusing to allow him to grow a short beard in accordance with his religious beliefs. The Court’s decision in Holt v. Hobbs held that the prison policy forbidding beards for religious reasons violates the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law requiring that prison policies that substantially burden a prisoner’s exercise of religion be supported by a compelling interest.

The Rutherford Institute, which was instrumental in the drafting and enactment of RLUIPA in 2000, filed an amicus brief in support of the prisoner’s First Amendment rights, noting that prison authorities failed to consider other ways to maintain prison safety that would accommodate the religious exercise of prisoners.

A Government of Wolves book cover“At one time, prisoners were considered ‘slaves of the state,’ having forfeited their basic constitutional rights by engaging in criminal activity. Thankfully, a growing concern for how we treat ‘the least of these’ has ensured that prisoners are afforded some basic constitutional protections, even while the debate over prisoners’ rights—whether it pertains to religious freedom, the right to vote, or the right to bodily integrity—rages on,” said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “At a time when America’s prison population is growing, laws criminalizing the most mundane activities are on the rise, states have a financial incentive to keep private prisons at capacity, and the courts are inclined to side with law enforcement in matters of security—no matter how questionable the claim or minimal the accommodation, it is in all of our best interests to ensure that those incarcerated are treated as we ourselves would want to be treated if the tables were turned: with dignity, decency and compassion.”

Gregory Holt is a prisoner assigned to a prison within the Arkansas Department of Correction (“ADC”). One essential tenet of Holt’s Salafi Muslim faith is to follow the sayings of the Prophet Muhammad as collected in the hadith. This includes the requirement to “keep the mustaches short [but] leave the beard as it is.” The ADC grooming policy, however, prohibits prisoners from growing beards, although it does allow beards to be maintained by prisoners with diagnosed dermatological conditions. After Holt’s request for an exemption from the no-beards rule was denied by prison officials, he brought a lawsuit alleging that application of the rule to him violated RLUIPA and seeking an order that he be allowed to grow and maintain a one-half inch beard.

At a court hearing, prison officials asserted their belief that the no-beard rule was needed to protect prison security because inmates could hide contraband in a one-half inch beard, although they were unable to provide any specific examples. Accepting this testimony and deferring to the judgment of these prison officials, the lower courts ruled that officials had demonstrated a “compelling” interest for the no-beard rule and that the rule was the least restrictive means of furthering that interest, thereby satisfying the strict scrutiny test required by RLUIPA. The Supreme Court granted Holt’s request to review the case and resolve a conflict in the decisions of federal courts, most of which have ruled that prison no-beard policies violate the rights of Muslim prisoners under RLUIPA.

In its amicus brief supporting Holt, Rutherford Institute attorneys argued that the security concerns of ADC are largely illusory, as shown by the experience of more than forty prison systems that have grooming policies without express restrictions on beards, or have provisions for religious exceptions. Affiliate attorneys Anand Agneshwar, Carl S. Nadler and Anna K. Thompson of Arnold & Porter, LLP, assisted The Rutherford Institute in advancing the arguments in theamicus brief before the Supreme Court.