Posts Tagged ‘surveillance’

“You see them on the street. You watch them on TV. You might even vote for one this fall. You think they’re people just like you. You’re wrong. Dead wrong.” — They Live

The spectacle of public executions. Deadly military strikes on foreign countries. Innocent civilian lives lost to war. Aggressive ICE raids. Government officials accused of using their powers to intimidate political opponents. Public office increasingly entangled with private financial interests.  Government leaders who glorify violence, spew hatred, stir up racial prejudice, provoke civil unrest, and stoke discontent.

This is what it looks like when a nation loses its way.

When cruelty is mistaken for courage, vengeance for justice, and the taking of human life for a demonstration of strength.

When government officials tell you not to believe your own eyes and ears about the state of the world around you, when they insist that the truth is a lie and the lie is truth, you’ve stumbled into a dystopian reality in which, as John Lennon rightly concluded, the government is “being run by maniacs for maniacal ends.”

When so-called Christians and self-professed defenders of morality insist that we must accept the lesser of two evils based on exaggerated fears of what might happen if their political opponents gain power, rather than confront the abuses unfolding before our eyes, remember this: the lesser of two evils is still evil.

This is not simply about Donald Trump.

The machinery of the American police state has been assembled over decades, under Republican and Democratic administrations alike. Presidents have expanded executive authority, waged undeclared wars, authorized drone killings, built surveillance networks, militarized domestic policing, and invoked national security to justify extraordinary powers.

What makes the present moment so troubling is the extent to which the public is encouraged to accept increasingly aggressive exercises of government power as necessary demonstrations of strength and resolve.

The Constitution was never intended to protect only the innocent, the popular, the patriotic, or the politically acceptable. Its restraints on government power matter most when the government is dealing with people whom society has already condemned.

Yet what happens when the public becomes so accustomed to government overreach, corruption and brutality that it no longer recognizes them as warning signs? What becomes of a constitutional republic when its leaders and citizens stop asking whether government actions are lawful, justified or necessary, and concern themselves only with whether those actions punish their enemies, advance their political interests or preserve their sense of security?

We are witnessing a political culture in which demanding due process for an accused criminal is treated as defending criminality, questioning a military strike is equated with sympathy for the enemy, and opposing government cruelty is portrayed as weakness.

The government doesn’t have to abolish the Constitution outright when it can persuade the public that certain people should no longer be entitled to its protections.

That is how constitutional rights cease to be rights at all and become privileges granted or withdrawn at the government’s discretion.

And that is how a population becomes conditioned to accept the unacceptable.

We’re living in two worlds.

There’s the world we see—or are made to see—and then there’s the one we sense and occasionally catch a glimpse of, which bears little resemblance to the propaganda-driven reality manufactured by those in power and amplified through an increasingly fragmented media landscape.

Indeed, what most Americans perceive as life in America—privileged, progressive and free—is a far cry from the reality of a nation where economic inequality persists, government power continues to expand, and freedom is increasingly subjected to the demands of surveillance, security and control.

All is not as it seems.

Monsters with human faces walk among us.

Some of them wield extraordinary government power.

This is the premise of John Carpenter’s film They Live, released in November 1988, which remains unnervingly, chillingly appropriate for our modern age.

Best known for his horror film Halloween, Carpenter’s larger body of work is infused with a strong anti-authoritarian, anti-establishment, laconic bent that speaks to the filmmaker’s concerns about the unraveling of our society, particularly our government.

Time and again, Carpenter portrays the government working against its own citizens, a populace out of touch with reality, technology run amok, and a future more horrific than any horror film.

In They Live, two migrant workers discover that the world is being subliminally controlled and exploited by aliens working in partnership with an oligarchic elite.

All the while, the populace—blissfully unaware of the real agenda at work in their lives—has been lulled into complacency, indoctrinated into compliance, bombarded with media distractions, and hypnotized by hidden messages beamed out of television and various electronic devices, billboards and the like.

Sound familiar?

It is only when homeless drifter John Nada, played by the late Roddy Piper, discovers a pair of special sunglasses that he sees what lies beneath the elite’s fabricated reality: control and bondage.

When viewed through Nada’s lenses, the wealthy and powerful who appear human are revealed as monsters exploiting the citizenry.

Likewise, seemingly mundane advertisements conceal subliminal, authoritarian messages. Magazine racks scream “CONSUME” and “OBEY.” Money proclaims “THIS IS YOUR GOD.” Other hidden messages reinforce the same demands: CONFORM. SUBMIT. STAY ASLEEP. WATCH TV. DO NOT QUESTION AUTHORITY. NO INDEPENDENT THOUGHT.

This indoctrination campaign engineered by the elite in They Live is painfully familiar to anyone who has studied the workings of an authoritarian state.

A citizenry that does not think for themselves, obeys without question, is submissive, does not challenge authority, does not think outside the box, and is content to sit back and be entertained is a citizenry that can be easily controlled.

In this way, the message of They Live provides an apt analogy for the distorted vision of life in the American police state—what philosopher Slavoj Žižek has characterized as the invisible structures of domination that sustain the appearance of freedom.

Tune out the government’s attempts to distract, divert and befuddle us and tune into what’s really going on in this country, and you’ll run headlong into an uncomfortable truth: government corruption and power have expanded far beyond the restraints the Constitution was intended to impose.

And the corruption is not always hidden.

What happens when public office, private wealth and political influence become so intertwined that ordinary citizens can no longer distinguish whose interests their government is serving? What happens when those conflicts are repeatedly exposed, yet the public becomes too distracted, too divided or too politically invested to demand answers?

This is where the warning of They Live becomes especially relevant.

The danger is not simply that powerful interests might conceal what they’re doing. It’s that they can operate in plain sight, confident that enough people will refuse to see—or refuse to care.

We have allowed the government’s corruption, brutality, self-dealing and abuses go on for too long. While this has been true of both parties, it has become painfully evident under the Trump administration.

Desperate to hold onto power, the powers-that-be continue to advance a series of carefully contrived narratives, threats and emergencies to justify expanding their authority, encouraging the public to fear one another, distrust our own judgment, and accept increasingly invasive government powers as the price of safety.

Fear is the great enabler of authoritarianism.

Fear of terrorists. Fear of criminals. Fear of immigrants. Fear of foreign enemies. Fear of domestic extremists. Fear of one another.

Every new threat becomes another justification for expanding government authority, weakening constitutional safeguards, and demanding greater obedience from a frightened public.

This is how government power expands in plain sight. The targets are portrayed as threats. The government’s actions are defended as necessary. Those who question its methods are accused of defending criminals, undermining public safety or siding with the enemy.

And with every exception made to constitutional restraints, the public becomes a little more accustomed to powers it once would have considered intolerable. Surveillance becomes security. Censorship becomes protection. Militarized policing becomes public safety. Indefinite detention becomes national defense.

And killing becomes justice.

For too long, Americans have been persuaded to barter their freedoms for promises of security, rationalizing government wrongdoing because they are told the alternatives would be worse.

But no matter how you rationalize it, the lesser of two evils is still evil.

The greatest danger is not merely that government officials may abuse their power.

It is that ordinary people may become so accustomed to those abuses that they lose the ability—or the willingness—to recognize them for what they are.

This brings us back to They Live, in which the danger posed is not simply the alien conspiracy but the population’s willingness to remain asleep and controlled.

Again, not so different from our own.

As one of the characters points out, “The poor and the underclass are growing. Racial justice and human rights are nonexistent. They have created a repressive society and we are their unwitting accomplices. Their intention to rule rests with the annihilation of consciousness. We have been lulled into a trance. They have made us indifferent to ourselves, to others. We are focused only on our own gain.”

We, too, are encouraged to focus on our own pleasures, prejudices and political victories, while remaining indifferent to the suffering of others. Our poor and underclasses are also growing. Injustice is growing. Inequality is growing. A concern for human rights is nearly nonexistent. We too have been lulled into a trance, indifferent to others.

The government doesn’t have to convince everyone that its actions are lawful, just or humane. It merely has to persuade enough people that those being targeted deserve whatever happens to them.

Nor does corruption have to be concealed when it can be rationalized, dismissed, or excused as the unavoidable cost of keeping one’s preferred political leaders in power.

This is perhaps the most disturbing parallel to They Live: a population that has been shown what is happening, yet remains unwilling to confront the implications.

The warning signs are no longer buried beneath elaborate disguises. They are unfolding in courtrooms, detention facilities, government offices, financial disclosures and daily news reports.

And still, too many people choose to look away.

We can convince ourselves that we are different from the victims of government abuse. That we are too law-abiding, too patriotic, too respectable, too insignificant to become targets ourselves.

We can tell ourselves that the government means well, that extraordinary measures are necessary, and that those caught in the machinery of state power must have done something to deserve their fate. But every exception made to someone else’s rights weakens the protections intended to safeguard our own.

That was the warning behind the Bill of Rights.

The founders understood that government officials could not be trusted to restrain themselves simply because they professed good intentions. The Constitution was intended to bind government power, not magnify it.

So where does that leave us?

The characters who populate Carpenter’s films provide some insight.

Underneath their machismo, they still believe in the ideals of liberty and equal opportunity. Their beliefs place them in constant opposition with the law and the establishment, but they are nonetheless freedom fighters.

When John Nada destroys the alien hypno-transmitter in They Live, he delivers a wake-up call for freedom. As Nada memorably declares, “I have come here to chew bubblegum and kick ass. And I’m all out of bubblegum.”

In other words, it’s time to get active and take a stand for what’s really important.

Stop allowing yourselves to be easily distracted by political spectacles and manufactured fears. Stop treating constitutional rights as privileges reserved for people you agree with. Stop excusing government abuses merely because the victims are unpopular or the perpetrators share your political loyalties.

As we make clear in Battlefield America: The War on the American People and its fictional counterpart The Erik Blair Diaries, all the trappings of the American police state are now in plain sight.

The greatest danger is not that the monsters have become so adept at hiding among us. It is that we have become so conditioned to their presence, so accustomed to their abuses, and so willing to excuse their corruption that we no longer recognize them for what they are.

Wake up, America.

If they live—the tyrants, the oppressors, the invaders, the overlords—it is only because “we the people” sleep.

Source: https://tinyurl.com/rp6v5e95

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

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John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge.

“United States AI companies must be free to innovate without cumbersome regulation.”—President Donald Trump, Executive Order 14365

The era of small government is over.

Anyone who tells you differently is selling you a lie.

Case in point: Donald Trump promised to shrink the federal government.

But what if Trump’s pledge to cut the federal work force wasn’t really about eliminating government bureaucracy but outsourcing it to the AI tech sector?

What if Trump, with the backing of a self-serving industry eager to automate government, is instead helping to build a government that no longer needs as many human beings to operate it?

Hundreds of thousands of federal workers are disappearing from the government payroll at the same time that Washington is racing to automate the work they once performed with artificial intelligence.

Since Trump returned to office, the federal workforce has shrunk by more than 270,000 employees, the result of hiring freezes, deferred resignations, early retirements and reductions in force.

At the same time, the Trump administration has embraced an aggressive campaign to automate government operations, with the General Services Administration instructing agencies to “eliminate, optimize and automate“ their work wherever possible.

This is not a return to smaller government.

It is a dangerous recalibration of government power.

What we are watching unfold is the construction of a government that requires fewer human beings to carry out its will, fewer human beings to question its orders, and fewer human beings to stand in the way when efficiency collides with legality, morality or constitutional restraint.

That is the real danger of automating government.

Human beings hesitate. Human beings question. Human beings object. Human beings refuse. Human beings blow the whistle.

Machines do not hesitate. They do not object. They do not blow the whistle.

For the most part, machines do what they are programmed to do. Until they don’t.

For an administration increasingly impatient with legal restraints, institutional resistance and anyone who says “no,” that is not merely a technological convenience.

It is an authoritarian temptation.

Anyone who believes smaller government means less government power needs to think again, because a government run by machines is still government.

Likewise, a government without bureaucrats is not necessarily a government without bureaucracy.

It may simply be bureaucracy without human beings.

And bureaucracy without human beings may prove far more powerful, pervasive and difficult to restrain than anything that came before it.

What is taking shape is a government that may employ fewer human beings while possessing exponentially greater power to surveil, process, classify, investigate and control the population.

Indeed, the administration has now launched America.gov, an AI-powered centralized digital gateway through which Americans will eventually interact with federal agencies and complete government transactions. The White House boasts that it will allow the federal government to “do its own paperwork.”

AI can certainly reduce backlogs, simplify forms, process information and free workers from tedious tasks.

Certainly, artificial intelligence can help eliminate repetitive paperwork, reduce backlogs, identify waste, simplify complicated forms, translate government jargon into plain English, process enormous amounts of information and free human workers from tedious tasks.

The concern is not whether AI can be useful.

It can.

The danger begins when AI stops assisting human beings and starts replacing them—not merely as clerks but as decision-makers, investigators, gatekeepers, analysts and enforcers of government power.

Thus, the concern is not the technology itself but what happens when government begins using it to eliminate the human restraints that constitutional government depends upon.

We are rapidly moving from a society ruled by laws and due process to one ruled increasingly by software.

In such a regime, the law is no longer merely interpreted. It is executed. Automatically. Mechanically. At machine speed.

The result is a system in which government no longer governs. It processes.

Your application. Your tax return. Your disability claim. Your immigration status. Your face. Your movements. Your associations. Your financial transactions. Your government records request. Your threat profile.

Perhaps eventually your guilt or innocence.

And, if some military planners have their way, whether you qualify as a target.

This is where the supposed efficiency of artificial intelligence collides head-on with the Constitution.

Government is not a private corporation. Its purpose is not merely to become faster, cheaper or more productive. Government possesses powers that no corporation possesses. It can tax you. Search you. Arrest you. Imprison you. Seize your property. Monitor you. Restrict your liberty. And in extreme circumstances, take your life.

And in extreme circumstances, take your life.

When government exercises those powers, efficiency cannot be the highest value. Liberty must be.

Due process is inefficient. Search warrants are inefficient. Trials are inefficient. Appeals are inefficient. Human review is inefficient. Checks and balances are spectacularly inefficient.

They are supposed to be.

The Constitution deliberately places obstacles between government power and the individual.

Before the police may search your home, they generally need a warrant. Before the government may imprison you, it must give you an opportunity to challenge the accusations. Government power is deliberately divided so that one branch can restrain another.

All of that takes time.

All of that requires human beings.

All of that frustrates officials who would prefer to simply get things done.

Yet those safeguards are among the things standing between a free people and a government that can act instantly, universally and without meaningful resistance.

Artificial intelligence promises to cut through the delays, obstacles and human steps that slow government down.

That is marvelous if you’re trying to schedule an appointment. It is terrifying when the government is making decisions about your liberty—or your life.

For generations, government power was also constrained by manpower. There were only so many investigators, analysts and bureaucrats—and only so many hours in a day.

AI changes that equation.

By doing what the police state has historically lacked the manpower and resources to do quickly, AI surveillance is already reorienting our world into one in which freedom is increasingly difficult to recognize: it can be everywhere, watch everyone and everything, monitor, identify, catalogue, cross-check, cross-reference and collate enormous quantities of information.

The surveillance state no longer needs enough people to watch everyone. It needs enough computing power.

That distinction matters.

A human investigator can follow only so many people. An algorithm can analyze millions. A bureaucrat can make only so many decisions in a day. A machine can make millions without sleeping, hesitating or developing a conscience.

That allows government power—and government abuse—to operate on a scale the Founders could scarcely have imagined.

It also creates an enormous accountability problem.

For decades, critics of the administrative state have warned about unelected bureaucrats wielding excessive government power.

Replacing the bureaucrat with an algorithm does not solve that problem. It may make it worse.

At least the bureaucrat has a name. A human being can be questioned. A supervisor can At least the bureaucrat has a name. A human being can be questioned. A supervisor can intervene. An employee can refuse an unlawful order. A whistleblower can expose misconduct. Someone can be held responsible.

But what happens when government responds, in effect, that the computer made the decision? Who do you cross-examine? Who explains the reasoning? Who takes responsibility for the mistake? Who possesses the authority to override the machine? And what happens when the algorithm itself belongs not to the government but to a private corporation whose code, training data and internal workings are shielded from public scrutiny?

The government’s dependence on private technology companies only compounds the problem.

Government power remains government power, but accountability becomes privatized.

We are already seeing glimpses of this future.

Federal agencies are already experimenting with AI to review Freedom of Information Act requests and recommend which portions of government records should be withheld from the public. Customs and Border Protection is testing AI-assisted redaction tools, while other agencies are developing similar systems. Human reviewers are still involved, but the trajectory is unmistakable: tasks requiring judgment about what the public may know are increasingly becoming candidates for automation.

The stakes become far greater once AI moves from paperwork to policing and warfare.

Earlier this year, the Pentagon clashed with Anthropic, the company behind the Claude AI system, after Anthropic insisted on maintaining restrictions against two uses of its technology: mass domestic surveillance and fully autonomous weapons.

Anthropic warned that present AI systems are not reliable enough to independently decide when weapons should fire and argued that AI-powered mass surveillance could allow government to piece together enormous quantities of otherwise scattered information about Americans at unprecedented scale.

The Pentagon responded by designating Anthropic a supply-chain risk, a decision that has since become the subject of litigation.

The dispute should concern anyone who cares about the limits of government power.

The issue was not whether artificial intelligence could assist military personnel.

It was whether there must always remain a human being responsible for certain decisions.

That question became even more urgent in September, when the United States and Russia opposed provisions under discussion at the United Nations that would have required human review of AI-generated military targets and imposed stronger requirements concerning the predictability and reliability of autonomous weapons systems.

The consequences of that rush toward machine-speed warfare are no longer hypothetical.

In February, U.S. missiles struck the Shajarah Tayyebeh girls’ elementary school in Minab, Iran, killing more than 150 people, including at least 120 children.

The school had once been part of a military compound, but it had been operating openly as a school for years. Yet outdated intelligence still classified the site as a military target.

According to reporting on the Pentagon’s internal investigation, the flawed target was fed into Maven, the military’s AI-assisted targeting system. Officials reportedly relied too heavily on the technology to identify stale or contradictory intelligence while an accelerated targeting process compressed work that once took hours into minutes. At the same time, civilian-harm mitigation teams had been dramatically reduced.

The machine did not simply wake up one morning and decide to bomb a school. Human beings built a system that placed a premium on speed, automation and scale—and then gave it priority over human judgment and careful vetting.

That distinction matters. It is also precisely the danger.

Think about the progression: First AI does the paperwork. Then AI recommends the decision. Then AI makes the decision.

Eventually AI decides who lives and who dies.

At each step, humans remain tempted to surrender a little more judgment to the machine because it is faster, cheaper, more efficient and supposedly more objective.

Yet technology does not eliminate human bias, political agendas or government misconduct.

It can automate them. It can amplify them. It can conceal them behind a technological black box. And it can reproduce them millions of times before anyone realizes what has happened.

This is why assurances that AI companies can largely police themselves should provide little comfort.

At a White House gathering with technology executives on September 29, Trump praised what he called “tremendous self-policing” by the AI industry and joined major technology companies in announcing a voluntary safety accord emphasizing internal controls, outside audits and corporate oversight.

In other words, Trump wants us to trust the government and the AI sector to police itself.

The Founders knew better than to trust power to police itself. That is one of the central premises of the Constitution.

As James Madison famously observed in Federalist No. 51, “If men were angels, no government would be necessary.”

The Founders did not assume that those entrusted with power would always restrain themselves. They divided power among competing branches because they understood that good intentions are not a safeguard against tyranny. Neither are voluntary promises. Neither are corporate ethics policies. Neither are algorithms.

Machines are not angels. The corporations building them are not angels. The politicians deploying them are not angels. And artificial intelligence does not repeal the oldest lesson in the history of government: power requires limits because power will always seek to expand.

This is where the campaign to shrink the federal workforce takes on an entirely different significance.

There is nothing inherently wrong with reducing unnecessary government employment, eliminating waste or using technology to make public services work better.

The danger lies in confusing fewer government employees with less government.

A government can have fewer workers and still become vastly more powerful. It can automate surveillance. Automate investigations. Automate eligibility decisions. Automate regulatory enforcement. Automate censorship. Automate watchlists. Automate targeting. Automate punishment.

Indeed, a government freed from the practical limits imposed by manpower could become more pervasive than anything an earlier generation of bureaucrats could have achieved.

That is the paradox confronting us.

We may be building a smaller federal workforce and a larger government machine.

Trump will not be president forever. Neither will the politicians who come after him.

But the AI infrastructure being erected now—the databases, automated systems, surveillance capabilities, digital gateways and government relationships with technology companies—will be inherited by every future administration.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, once those powers become embedded in the machinery of government, they will be exceedingly difficult to dismantle.

That is why the debate over artificial intelligence cannot be reduced to whether AI creates jobs, destroys jobs, saves taxpayer money or makes government more convenient.

The greater question is what happens when fewer and fewer human beings stand between government power and the people subjected to it.

What happens when there is no human face behind the decision? No human judgment. No human hesitation. No human mercy. No human conscience.

No human being willing—or able—to say: this is wrong.

The great danger is not that artificial intelligence will suddenly seize control of the government. It is that government officials will willingly surrender more and more control to artificial intelligence because machines are faster, cheaper, more obedient and easier to blame.

That is how bureaucracy without bureaucrats becomes authoritarianism without accountability.

The government may employ fewer people. It may operate fewer offices. It may eliminate paperwork and automate entire agencies. But if it can watch more people, investigate more people, process more people, target more people and exercise more power over more lives than ever before, that is not smaller government.

It is government without human limits.

The Founders built the Constitution around a simple truth: power cannot be trusted to restrain itself.

That truth does not become obsolete because the machinery of power now runs on artificial intelligence. If anything, it becomes more urgent.

Because once we remove the human beings who can question, resist, object and refuse, we may discover too late that we have not eliminated the bureaucracy at all.

We have eliminated the brakes.

Source: https://tinyurl.com/ymj6uwyr

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. 

“If Trump can disappear them, he can disappear you.”—Robert Reich

America, you got fooled. Again.

For starters, the war on illegal immigration was never just about illegal immigration.

If you fell for that, chances are you’re still falling for the government’s oldest trick: manufacture a crisis, identify an enemy, frighten the public, declare an emergency, and then use the resulting fear to justify another expansion of government power.

Terrorism. Crime. Drugs. National security. Illegal immigration.

Different threats. Same playbook.

Take a legitimate problem—or inflate it into an existential menace—and suddenly constitutional safeguards become inconveniences, extraordinary powers become necessities, and anyone who questions the government’s methods can be accused of siding with the enemy.

Immigration is a perfect example.

A highly charged issue that pushes all of the knee-jerk, polarizing buttons when it comes to deep-seated fears and prejudices, immigration has been the perfect vehicle for the Trump administration’s political fearmongering and authoritarian power grabs.

Trump has repeatedly described illegal immigration in the language of invasion, criminality and national-security emergency.

Yet a closer look suggests a far more complicated reality.

A 2026 Cato Institute analysis of Census data found that undocumented immigrants were incarcerated at a rate of 674 per 100,000 people in 2024, compared with 1,195 per 100,000 native-born Americans. Legal immigrants had an even lower incarceration rate of 303 per 100,000. Cato concluded that both legal and undocumented immigrants are less crime-prone than native-born Americans.

So, what is the government’s end game?

We’ve been so fixated on the overt cruelty, unapologetic authoritarianism, thuggish brutality, and blatantly unconstitutional abuses of the Trump administration’s immigration crackdown that we missed the larger menace taking shape behind it.

While the country fights over who should be allowed in, who should be kicked out, and who can participate in a pay-to-play scheme that benefits the oligarchy, the government continues building the infrastructure of a prison state.

This is the real power grab.

The government is using its so-called war on illegal immigration to normalize something far more dangerous: a system in which due process can be bypassed, people can be detained and moved beyond easy public scrutiny, government agents can wield extraordinary enforcement powers with minimal accountability, and constitutional protections can be treated as optional whenever the government invokes security.

Immigration is the testing ground.

The precedent being established and the tactics being trotted out and normalized are the real danger. Because once the government establishes that it can suspend the Constitution’s safeguards for one disfavored group, there is nothing magical that keeps those powers confined to that group.

We are all at risk.

Be warned: the literal and figurative walls being erected in the name of national security should concern the people already living inside them. The machinery being built to find, track, identify, seize, detain and disappear immigrants can just as easily be redirected toward the population at large.

That is how a police state becomes a prison state.

Immigration enforcement is the dress rehearsal in anticipation of the government’s ultimate muscle flex.

To round people up on the scale envisioned by the administration, the government first has to know who people are. Where they live. Where they work. Where they drive. Who they associate with. What they look like. What databases contain information about them. Where they were yesterday. Where they are today. And where they might be tomorrow.

That requires surveillance. Lots of it.

Biometric databases. Facial recognition. License-plate readers. Flock cameras. Data brokers. Location tracking. Artificial intelligence. Phone extraction tools. Government databases linked to still more government databases.

The Brennan Center for Justice reports that the Department of Homeland Security has committed more than $2.9 billion in recent years to surveillance, data collection and analytics technologies used in the interior of the United States, including more than $1 billion for biometrics. Those systems include tools capable of tracking phones and vehicles, collecting facial and other biometric data, purchasing commercial information and combining records from multiple databases to create detailed profiles on individuals.

Then comes enforcement, masked agents, raids, checkpoints, detention centers, private prisons, transfers, rendition—all wrapped in the reassuring language of public safety and national security.

For now, immigration is the convenient scapegoat to justify the crackdowns and loss of liberty, but the machinery of oppression being assembled does not know how to discriminate and differentiate.

A surveillance camera does not know whether or not you are a citizen. A license-plate reader does not know how you voted. A biometric database does not care why your face is being searched. A location-tracking system does not distinguish between following an undocumented immigrant and following a political protester.

Indeed, the Brennan Center notes that DHS technologies acquired for border security and criminal investigations have capabilities that can be directed at anyone—immigrants, protesters, travelers and other members of the public.

The machinery simply does what it was built to do: find, track, identify, classify, control and, when ordered, detain.

We are watching the infrastructure of a prison state being assembled in plain sight.

Surveillance, however, is only the beginning. The real power comes when the government takes everything it knows about you and acts on it.

Find you. Seize you. Detain you. Move you. Cut you off from the people who might intervene on your behalf. Eventually, make it difficult for anyone outside the system to determine where you are at all.

This is where ICE becomes particularly instructive.

Not because every American is about to be deported, but because ICE demonstrates what government looks like when surveillance, databases, aggressive enforcement, detention and secrecy are fused into a single system.

As historian Timothy Snyder warns, “If you accept that non-citizens have no right to due process, you are accepting that citizens have no right to due process. All the government has to do is claim that you are not a citizen; without due process you have no chance to prove the contrary.”

Once due process ceases to be a non-negotiable right for one disfavored group, it becomes an optional privilege for everyone.

This is the slippery slope that eventually allows the government to make everyone disappear—citizen and immigrant alike—whenever they become inconvenient, or disfavored, or no longer useful to the powers-that-be.

People are already disappearing inside the United States.

Seized without warning, denied due process, and locked up indefinitely in a sprawling network of immigration detention centers, county jails, private prisons, temporary holding facilities and federal facilities, these individuals are being transferred from jurisdiction to jurisdiction, moved hundreds or thousands of miles from family and lawyers, made increasingly difficult to locate—they are being made to disappear.

Their whereabouts are effectively being scrubbed from public view.

On September 15, 2026, ICE stopped publicly listing the locations of many detainees with final removal orders in its online detainee locator.

Immigration attorneys told the Associated Press that clients suddenly vanished from the public system, making it harder to determine whether they had been transferred, remained somewhere in federal custody or were being prepared for removal. ICE defended the change as part of its effort to prioritize deportations of people with final orders.

There can be no understating what is at stake when the government acquires the power to make people disappear from public view.

This is disappearance by bureaucracy.

People disappear first from public view. Then from the practical reach of their lawyers and families. Then, potentially, from the database. Public records no longer reveal where some detainees are. And sometimes the next stop is another country entirely.

For now, it’s immigrants—our fellow workers, friends, family members, members of our communities, people who pay taxes, contribute to the economy, and once helped make America and its economy the envy of the world—who are being rounded up, designated as “unhuman” in order to deny them basic human rights and made to disappear, but they are just the warm-up.

Watch and learn: once these tactics have been refined and mastered, we’ll be the next targets.

The government has been perfecting variations on this machinery for decades.

After 9/11, the United States transported terrorism suspects—some never convicted of crimes—to secret CIA detention facilities beyond the ordinary reach of American courts and public scrutiny. Extraordinary rendition allowed government to outsource detention and interrogation into legal gray zones.

Yet disappearing people has never required sending them overseas.

Consider Homan Square.

For years, the Chicago Police Department operated a facility on the city’s West Side where lawyers and former detainees alleged that people were taken for interrogation before appearing through normal booking channels. Records later obtained by the Guardian documented more than 7,000 arrests associated with Homan Square over roughly eleven years, while documented attorney access was extraordinarily rare.

That danger is becoming harder to dismiss.

In September 2026, Amnesty International released a report alleging extensive human-rights violations in U.S. immigration enforcement. Amnesty alleges that the current mass detention and deportation campaign has subjected migrants, refugees and asylum seekers to a broad range of abuses.

Amnesty has called for ICE to be abolished.

Whatever the remedy, no government agency should be empowered to act lawlessly and make people disappear.

The Trump administration’s latest tactic for discouraging migration into the U.S. and instilling terror in the hearts of immigrants already here is the use of “third-country removals”: sending certain deportees to countries where they are not citizens and may never have lived.

We saw this in the wake of 9/11 under the Bush administration with their use of extraordinary rendition and remote torture sites.

The rationale seemed to be that if you removed someone from the United States, the Constitution wouldn’t follow them.

Indeed, the Trump administration appears to be trying to move faster than the lawyers and courts in an effort to outrun judicial review and the Constitution.

Perhaps the destination is overseas. Perhaps it is another jail. Perhaps it is another prison right here in America. That distinction no longer matters: you do not have to leave the United States to disappear into the machinery of the prison state.

This is precisely why due process matters.

Due process is not a privilege. It is not a legal loophole. And it is not a technicality reserved for people the government considers deserving of special treatment.

Due process is what stands between accusation and punishment, between suspicion and imprisonment, and between government power and individual liberty.

At the heart of that protection is habeas corpus, which translates to “you should have the body.”

Dating back to the Magna Carta of 1215, habeas corpus allows someone imprisoned by the government to challenge that detention in court and demand that the government make the case for why they should be held.

The Founders considered habeas such a fundamental and necessary ingredient in guarding against government tyranny that they included it in Article I, Section 9, Clause 2 of the Constitution. As the Brennan Center explains, habeas “was conceived to guarantee protection from the king arbitrarily disappearing subjects to secret dungeons without just cause or due process.”

Despite what the Trump administration would have us believe, habeas applies equally to citizens and non-citizens alike within the United States.

The act of transporting someone outside the U.S. does not lessen that protection, but it does make it harder to enforce.

History has supplied enough warnings.

Lincoln’s suspension of habeas corpus during the Civil War resulted in arrests without ordinary judicial process. The internment of Japanese Americans during World War II demonstrated how quickly fear and prejudice can overwhelm constitutional safeguards. The post-9/11 rendition program demonstrated how easily government can try to place human beings beyond the effective reach of American courts.

Homan Square demonstrated that you do not have to leave American soil for that to happen.

And today’s immigration detention system demonstrates how these tactics can merge: masked arrests, county jails, private prisons, remote detention centers, repeated transfers, limited access to attorneys, disappearing locator records, expedited deportations and third-country removals.

Each scenario arose from different circumstances, but each also demonstrates what happens when government insists that extraordinary conditions justify extraordinary powers.

This is why the familiar refrain—if you are here legally, you have nothing to fear—misses the point. So does: if you are an American citizen, you have nothing to fear. And: If you have done nothing wrong, you have nothing to fear.

That is the oldest sales pitch in the police-state playbook: “Just trust us.” “We’re only going after the bad people.”

But inevitably, the definition of “bad people” changes.

In 1935, Sinclair Lewis published It Can’t Happen Here, imagining authoritarian government taking root not in some distant dictatorship but in America.

Those four words capture one of the most dangerous assumptions a free people can make.

It can’t happen here. Not in America. Not to citizens. Not to innocent people.

Not to me.

Perhaps not. Perhaps the government will never put you on a rendition flight to a country you’ve never visited. Perhaps you will never disappear into a detention center. Perhaps masked agents will never come to your door.

But there are other ways for a free people to disappear.

Privacy disappears. Anonymity disappears. The freedom to move about without being tracked disappears. The freedom to associate without creating a digital trail disappears. The freedom to protest without being identified, catalogued and entered into a database disappears. The presumption that government should leave you alone unless it has legitimate cause to investigate you disappears.

Bit by bit, the boundaries separating a free citizen from a prisoner begin to disappear, too.

You are watched. Tracked. Catalogued. Scanned. Recorded. Flagged. Followed.

Your movements become data. Your associations become data. Your face becomes data. Your life becomes searchable.

All that remains is for someone in government to decide what the data means.

This is how “We the People” disappear.

Not necessarily onto rendition flights.

Not necessarily into secret prisons.

We disappear when we cease to live as a people presumed free and begin living instead as inhabitants of a country-sized surveillance state—watched constantly, tracked everywhere, our movements and associations increasingly subject to monitoring, cataloguing and government scrutiny.

That is the larger danger concealed by the immigration debate.

ICE is showing us what the machinery can do.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, eventually the prison built for someone else can become the prison imprisoning all of us.

Source: https://tinyurl.com/5n8cbv5m

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. 

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

While Americans remain transfixed by the political circus—cheering for their preferred party, jeering at the opposition, obsessing over every manufactured outrage and waiting for the next spectacle—the Surveillance State continues its steady march forward.

The government is watching.

It watches where you go, whom you meet, where you worship, what medical offices you visit, what political rallies you attend, what protests you join, what books you read, what websites you visit and what causes you support.

It watches through your phone, your car, your doorbell, your appliances, your purchases, your social media accounts and the cameras positioned along the roads you travel every day.

This is how freedom dies in the digital police state: not always through dramatic declarations of martial law or soldiers stationed on every street corner, but through the gradual construction of a technological dragnet—an electronic concentration camp—so pervasive that privacy becomes impossible and anonymity becomes suspicious.

Enter Flock Safety, a private surveillance technology company whose automated license plate readers have spread throughout thousands of American communities.

These cameras, which do much more than photograph license plates, represent the next evolution of the government’s public-private surveillance partnership.

They document the time and location of every passing vehicle and record identifying characteristics such as its make, model, color, damage, roof racks, bumper stickers and other distinctive features. That information can then be placed in a searchable database and used to retrace a vehicle’s movements over time.

Yet the real power—and the real danger—of Flock does not come from the cameras alone.

It comes from artificial intelligence.

A camera can photograph a car. Flock’s AI-powered platform can identify and categorize a vehicle, compare an observation with stored records, generate alerts, identify connections and help police reconstruct where that vehicle has been.

AI is what transforms a photograph into the building blocks for a suspect society.

With AI, every driver becomes a data point. Every data point becomes a pattern. And every pattern becomes a suspicion.

This is how ordinary movements become potentially suspect and subject to government scrutiny. It allows law enforcement agencies to search not only for a complete license plate number but also for partial plates and physical descriptions such as vehicle color, make, model, damage, roof racks, bumper stickers and other identifying characteristics.

A police officer might ask the system to locate every red pickup truck with a ladder rack seen near a protest, every vehicle that repeatedly visited a particular address, or every car observed traveling between two locations.

The artificial intelligence does the sorting. The database supplies the history.

The government receives a list of potential suspects.

This is no longer surveillance conducted by individual officers following particular leads. It is surveillance conducted at machine speed, across entire populations, with algorithms deciding whose movements merit further scrutiny.

Consider the scale of what is taking place.

License plate cameras now log approximately 20 billion vehicle scans every month.

Twenty billion.

That is not targeted policing. That is mass collection.

The overwhelming majority of those scans do not involve stolen cars, wanted suspects, kidnappings or violent crimes. They document ordinary people carrying out the ordinary activities of daily life: driving to work, taking children to school, visiting friends, attending church, keeping medical appointments, participating in protests or simply going home.

Yet each of those innocent journeys becomes part of a searchable police database.

At 20 billion scans a month, Flock is not searching for particular suspects and then attempting to follow them. It is recording the movements of everyone so police can decide later whom they want to follow.

That is the digital equivalent of assigning a government agent to trail every driver in America—and preserving the agent’s notes in case the government someday finds them useful.

Yet mass collection is only the first stage of the AI surveillance state. The next is merging those billions of observations with everything else the government and its corporate partners know about us.

Flock is also part of a much larger shift toward AI-powered “data fusion,” in which license plate records are combined with facial recognition results, surveillance video, police reports, social media activity, commercially purchased information, gunshot-detection alerts and other government databases.

The danger is no longer merely that one system can track a car. It is the merger of previously separate streams of information into a single system capable of mapping a person’s movements, relationships, habits and associations.

These systems increasingly do more than provide officers with information to evaluate. They assign significance to associations, flag supposed threats and generate investigative leads—often through proprietary algorithms that neither the accused nor the public can examine.

Artificial intelligence does not eliminate human prejudice, institutional bias or bad information.

It industrializes them.

Feed a flawed system inaccurate data, biased arrest records or constitutionally suspect surveillance, and AI can reproduce those defects at a speed and scale no individual police officer could match.

Once the computer labels someone suspicious, moreover, officers may treat the algorithmic conclusion as objective fact.

The machine accuses. The police act. The citizen is left to prove that the machine was wrong.

Despite the extraordinary reach of this technology, Flock continues to portray its system as a limited, carefully controlled crime-fighting tool.

Flock insists that its cameras collect information about vehicles rather than people, that agencies control access to their own data, that searches are logged and that information is generally deleted after 30 days. Yet these assurances largely amount to distinctions without a difference.

Vehicles are extensions of the people who drive them.

Track a vehicle long enough, and you know where its owner sleeps, works, worships, shops, socializes, seeks medical treatment and participates in political activity.

You know when someone leaves home, when they return, whom they visit and how often.

You may not know the contents of their conversations, but you know enough to construct an intimate portrait of their life.

That is surveillance.

It does not become less invasive merely because the government has outsourced the cameras, databases and algorithms to a private corporation.

Nor does it cease to be surveillance because police claim that the information may someday be useful in solving a crime.

Indeed, that is the sleight of hand that has allowed the surveillance state to expand so rapidly.

The government no longer has to install every camera, maintain every database or directly collect every piece of information.

It merely encourages private companies, businesses, homeowners’ associations, schools and individual consumers to create an interconnected surveillance ecosystem—and then asks for access.

This public-private arrangement allows government agencies to acquire capabilities they might never receive public approval or sufficient funding to build on their own.

It also makes accountability almost impossible.

When abuses occur, local police blame the technology provider. The technology provider insists that local police control the data. Federal agencies claim they merely requested access. Local officials say they were unaware that information could be shared beyond their jurisdiction.

Everyone points elsewhere.

Meanwhile, the American people remain under observation.

Flock has become especially controversial because its network can transform what appears to be a collection of local cameras into something far more powerful: a searchable surveillance system that permits law enforcement agencies to look far beyond their own jurisdictions.

Flock says data sharing among agencies is optional and controlled by its customers. Yet the entire value of such a system lies in its interconnectedness.

A camera in one town is a traffic-monitoring device.

Thousands of cameras connected through searchable databases constitute a movement-tracking network.

The danger is not simply that police might search for a stolen car.

The danger is that the system permits government officials to begin with a location, a description or a fragment of information and work backward until someone emerges as a suspect.

That reverses the traditional order of constitutional policing.

Under the Fourth Amendment, police are supposed to develop individualized suspicion, establish probable cause and then apply for a warrant to search for evidence connected to a particular person or crime.

Mass surveillance systems begin by collecting information on everyone.

In the process, every innocent person is treated as a potential suspect whose movements must be recorded just in case the government someday decides they are relevant.

This is guilt by algorithm.

It is also the same constitutional inversion at the heart of geofence warrants, which allow police to demand information identifying every cellphone that happened to be near a particular location at a particular time.

The U.S. Supreme Court’s recent decision in Chatrie v. United States may signal that constitutional scrutiny is finally beginning to catch up with the surveillance state.

The case involved a geofence warrant used to obtain Google location records for cellphones near the scene of a robbery. Rather than beginning with an identified suspect, police demanded information about devices that happened to be within a designated area during a particular period and then worked backward to identify their owners.

The Supreme Court held that police conduct a Fourth Amendment search when they obtain an individual’s cellphone location history from a technology company.

That conclusion matters.

It rejects the government’s increasingly convenient argument that intimate information loses constitutional protection merely because a private corporation collected, stored or analyzed it.

The Court did not rule on Flock cameras or automated license plate databases. Nor did it decide that every geofence demand is necessarily unconstitutional. The justices left it to the Fourth Circuit to determine whether the warrant satisfied the Fourth Amendment’s probable-cause and particularity requirements at each stage of the search.

Nevertheless, the constitutional principle at the heart of Chatrie extends far beyond cellphones.

The government should not be able to evade the Fourth Amendment by outsourcing mass surveillance to private technology companies.

It should not matter whether the location trail comes from Google, Flock, a cellphone provider, a data broker or an interconnected network of privately owned cameras.

A detailed record of a person’s movements does not become less revealing because it follows a vehicle rather than a phone. The government should not be permitted to accomplish through Flock what it could not constitutionally accomplish by assigning police officers to follow millions of Americans everywhere they drive.

Indeed, Flock may present an even more troubling inversion of constitutional policing.

Geofence searches generally begin with a particular crime, location and period. Flock continuously collects information on millions of vehicles before any crime has occurred and before any individual is suspected of wrongdoing.

Police can then reach backward into that stored history and reconstruct a person’s movements.

The surveillance comes first. Suspicion comes later.

A warrant, when one is sought at all, may arrive only after the government has already built the database it intends to search.

Chatrie may provide constitutional ammunition for challenging this arrangement, but no single court ruling will dismantle the machinery of mass surveillance.

The technology is already embedded in thousands of communities.

The databases are already being populated.

The agencies are already connected.

And the companies profiting from this infrastructure will fight to preserve it.

Unfortunately, constitutional protections have rarely kept pace with the government’s appetite for surveillance.

The dangers are no longer theoretical.

Flock data has reportedly been used in investigations far removed from the serious violent crimes routinely invoked to justify these systems.

This is the inevitable trajectory of every surveillance technology. First, it is introduced as an emergency measure. Then it is justified as a crime-fighting tool. Then it is expanded to lesser crimes. Then it is used for administrative enforcement, political monitoring, immigration investigations and personal purposes.

Eventually, it becomes part of the background machinery of government—a permanent feature of daily life that no longer attracts attention because everyone has become accustomed to being watched.

That is how mission creep works.

Surveillance powers created to find kidnappers and violent criminals do not remain limited to kidnappers and violent criminals.

Databases built to locate stolen vehicles do not remain limited to stolen vehicles.

Government agencies cannot resist the temptation to use whatever power is available to them, especially when the use of that power is cheap, easy and largely hidden from the public.

The technology’s potential for error makes this even more dangerous.

License plate readers can misread plates, rely on inaccurate hot lists or associate an innocent vehicle with a crime. Once the system issues an alert, officers may treat the computer-generated result as fact.

The individual on the receiving end may be pulled over, surrounded by armed police, handcuffed, searched or detained before anyone discovers that the machine was wrong.

This is not justice. It is automated suspicion.

Flock is only one component of a surveillance ecosystem that includes doorbell cameras, facial recognition, drones, cellphone tracking, biometric databases and real-time crime centers.

The result is 360-degree surveillance.

A person may leave a home monitored by a smart doorbell, drive past a network of license plate readers, enter a business equipped with facial recognition, carry a phone broadcasting location data and return home along streets monitored by police cameras and private security systems.

At no point does the government need to physically follow that individual, because the infrastructure does it automatically.

Algorithms sort the information. Databases preserve it. Private companies monetize it. Government agencies search it.

All of this is taking place while the country remains locked in an endless partisan cage match.

Both parties have contributed to the Surveillance State. Both parties have expanded it. Both parties have exploited fear to convince the public that freedom must be sacrificed for safety.

The targets may change depending on who is in power, but the machinery remains.

Once the infrastructure exists, there is no guarantee that it will be used only against people you dislike or with whom you disagree politically.

That is the lesson Americans repeatedly refuse to learn.

A surveillance tool created by one administration will be inherited by the next. A database assembled for one purpose will inevitably be used for another. A system established to monitor “them” will eventually be turned against “us.”

Communities across the country are finally beginning to recognize the danger.

Some cities have terminated or declined to renew their Flock contracts. Others have paused deployments or demanded stronger restrictions on data sharing, retention and federal access.

This resistance is long overdue.

We cannot afford to become so distracted by the theater of politics that we fail to notice the architecture of tyranny being assembled around us.

The surveillance state does not care which party you support. It does not care whom you voted for.

It does not care whether you believe you have nothing to hide.

The cameras are watching. The databases are growing. The networks are connecting.

And as I make clear in Battlefield America: The War on the American People and its fictional counterpart The Erik Blair Diaries, unless we act now, there may soon be nowhere left to go without the government knowing exactly where we have been.

Source: https://tinyurl.com/568sybr7

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. 

The American taxpayer has become the cleanup crew for the American Police State.

We pay for the constitutional violations.

We pay for the wars.

We pay for the lawsuits, the settlements, the cover-ups, the damage control, the reconstruction, the overreach, the incompetence and the corruption.

And when government officials are finally called to account for their misconduct, we pay for that, too.

That is the dirty little secret of government accountability in America: even when the government loses, the government does not really pay. “We the people” do.

This is not a problem invented by Donald Trump.

For decades, politicians, police officers, prosecutors, prison officials, federal agents and bureaucrats of both parties have violated rights, exceeded their authority, misused public power and left taxpayers to pick up the tab.

The wrongdoers rarely pay personally. They get to keep their pensions, promotions, pardons, security details and speaking fees. The government agencies involved in misconduct rarely suffer lasting consequences. The victims get a check drawn on taxpayer funds.

And the tax-paying populace gets to pay for the settlements, the legal fees, the court costs, the reconstruction costs and the long-term damage to trust in government.

The message is coming across loud and clear: the government can violate our rights in every way possible—using resources that we are forced to provide—and then it can turn right around and make us pay to clean up its many messes and right its many wrongs.

This is the Art of the Steal.

Trump, having taken to government corruption like a duck to water, has made ripping off the taxpayers the cornerstone of his governing philosophy.

For a man who has spent a lifetime grifting, it is the ultimate grift.

During his second term in office, Trump has established a track record of forcing the public to subsidize the consequences of his own recklessness: rewarding allies, funding unconstitutional crackdowns, rebuilding what he tears down, bankrolling vanity projects, and attempting to buy his way out of crises he helped create.

Start with Iran.

Trump’s war with Iran is a case study in the Art of the Doublecross.

Candidate Trump sold himself as the antidote to endless war. He promised strength without entanglement, peace through power, no new wars, no more nation-building, no more wasting American lives and treasure on conflicts that do not serve the American people.

Then came the Epstein Files.

Suddenly, the man who promised no new wars needed a War of Distraction.

Now, after dragging the country into a preemptive, unprovoked war with Iran that Congress never authorized—a war that has rattled global markets, driven up energy prices, depleted military resources, risked regional escalation, and inflicted real economic pain on Americans already struggling to afford groceries, gas, insurance and debt payments—Trump needs help fixing the crisis he helped create.

Whatever the final terms of any so-called peace arrangement—assuming such a thing is actually forthcoming—taxpayers will bear the cost. Trump has announced, teased and promised breakthroughs before, only for the details to shift, the terms to unravel, or the supposed deal to become another bargaining chip in an endless cycle of threats, deadlines and reversals.

Rest assured, the price of Trump’s war will not be limited to missiles fired and ships deployed. It will include lives lost, military resources depleted, global markets rattled, energy prices spiked, alliances strained, enemies emboldened, and diplomatic concessions made to end a conflict that diplomacy might have prevented in the first place.

Even if U.S. taxpayers do not directly write the check for a reported $300 billion reconstruction framework, the absurdity remains: Trump starts the war, others negotiate the cleanup, and the American people are left paying the political, economic and constitutional costs.

They are also paying through the dangerous precedent that empowers an imperial president to start a war based on instinct, impulse or political convenience, without constitutional accountability.

That is no small thing.

The Constitution gives Congress, not the president, the power to declare war. That safeguard was not a procedural technicality. It was meant to prevent exactly this kind of unilateral adventurism: one man gambling with the lives, liberties and livelihoods of millions, then sending the invoice to the people.

The public pays while the politicians posture.

That is how government turns recklessness into public debt: first by provoking the crisis, then by charging the people for the cleanup, then by pretending the cleanup is a triumph.

Yet not every government bill arrives in the mail.

Some arrive at the gas pump, the grocery store, the insurance premium, the interest rate, the shrinking paycheck, the empty Treasury, and the next generation’s debt.

Others arrive later, in the form of lawsuits, settlements, damages, broken families, shattered communities and rights that must be clawed back in and out of court after the damage has already been done.

Iran is only the most explosive example.

We are seeing this destruction play out on almost every front: wars, raids, tariffs, deportations, political payouts, lawsuits, pardons, institutional wreckage and vanity projects.

Every unconstitutional executive order, retaliatory investigation, purge, firing, freeze, funding cutoff, loyalty test and administrative abuse produces another round of emergency litigation, government lawyers, court costs, injunctions, appeals and attorney fees.

Trump governs by breaking things. Taxpayers pay for the repair.

But some things cannot be repaired with money alone.

Who will pay to rebuild what Trump and the architects of the police state have destroyed of our constitutional republic?

As always, that burden will fall on the American people.

Trust, once shattered, is not so easily restored.

Institutions, once vandalized, do not repair themselves.

Constitutional limits, once treated as optional, become harder to restore with every violation.

And then there are the vanity projects, where the symbolism becomes almost too obvious to miss.

Trump’s so-called “beautification” projects—gaudy, expensive and self-serving—speak volumes about his disastrous approach to governing.

The Lincoln Memorial Reflecting Pool, a public landmark that has served as the backdrop for historic moments from Marian Anderson’s 1939 concert to Martin Luther King Jr.’s “I Have a Dream” speech, has become a veritable swamp of slime after Trump, without meaningful oversight and at a grossly marked-up expense, decided by fiat to “fix” it and use it and the Lincoln Memorial as the backdrop for a UFC fight weigh-in.

The Reflecting Pool fiasco is the Trump presidency in miniature: gaudy, expensive, performative and already covered in algae.

The demolished East Wing is now the architectural scar behind a ballooning White House ballroom project whose costs keep shifting upward, now estimated at $600 million with more than half of it paid for by taxpayers—despite Trump’s insistence it would all be privately funded.

Then came June 14, when the White House—transformed from the people’s house into a gilded stage set for one man’s ego—had its South Lawn turned into a literal arena for a UFC spectacle.

“Take care of this house,” the song from the Leonard Bernstein/Alan Jay Lerner musical 1600 Pennsylvania Avenue warns.

“Take care of this house
Keep it from harm
If bandits break in
Sound the alarm…
Be careful at night
Check all the doors
If someone makes off with a dream
The dream will be yours.”

That warning was not about wallpaper, furniture or ceremonial rooms.

It was about stewardship. It was about vigilance. It was about recognizing that the house belongs not to the occupant, but to the people whose dreams, sacrifices and constitutional inheritance it is supposed to shelter.

Trump’s transformation of the White House is a visual reminder of what he has done to the presidency itself: taken what belongs to the people, stripped it for parts, gilded what remained, and presented the wreckage as grandeur.

It is embarrassing. It is grotesque. It is a national humiliation.

This is what the American experiment in self-government has been reduced to: a constitutional republic dressed up like a casino, a people’s house converted into a stage set, a presidency refashioned as a brand extension, and taxpayers forced to underwrite the spectacle.

The founders never assumed the experiment would survive on autopilot.

They knew self-government was fragile. They knew republics decay when citizens become spectators, when public servants become rulers, when law becomes optional for the powerful, and when the people are made to finance their own subjugation.

That is why the spectacle matters.

The gilding of the people’s house is not just a question of bad taste or bloated expense. It is constitutional graffiti: a ruler’s signature scrawled across the people’s house.

It is a warning sign: a government that has forgotten the difference between public trust and private entitlement, between stewardship and ownership, between serving the people and ruling over them.

There is something obscene about gilding the people’s house while the people are being asked to pay for wars they did not approve, tariffs they were told foreigners would pay, raids carried out in their name, deportation schemes that endanger human lives, unconstitutional orders struck down by the courts, and settlements for abuses committed by government agents.

That is the real cost of cleaning up Trump’s messes.

It is not merely the $1.776 billion slush fund, the tariff refunds, the deportation flights, the ICE raids, the Reflecting Pool, the East Wing, the Iran war, the courtroom defenses, the settlements or the gilded pageantry.

It is the conversion of citizenship into servitude.

It is the expectation that the people will pay for their own surveillance, their own intimidation, their own impoverishment, their own silencing, their own manipulation, and their own loss of power.

It is taxation for domination.

It is government by mess, followed by government by invoice.

It is the rewriting of the American Dream from a dream of opportunity for all to a dream of entitlement for a select, privileged few.

The American Revolution was fought, in part, against a government that forced people to finance their own subjugation.

That warning still applies.

When Americans are made to pay for undeclared wars, unlawful tariffs, militarized raids, political payouts, constitutional violations, palace renovations and the settlements that follow government abuse, they are not merely being overcharged.

They are being ruled.

And ruled people always pay.

A free people do not pay tribute to rulers.

They bind them down. They hold them accountable.

And, as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, they refuse to be made accomplices in their own subjugation.

It is time to clean house.

Source: https://tinyurl.com/33m6ssa6

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. 

“In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule.”— Friedrich Nietzsche

One week after posting a profanity-laced Easter message threatening to wipe out the entire civilization of Iran, Donald J. Trump, the 47th president of the United States, spent the night of April 12 and into the early morning hours unleashing a barrage of AI-generated images, threats and insults.

One post depicted Trump as Jesus, imbued with divine power, healing the sick.

Another imagined a Trump-branded hotel on the Moon.

Yet another lashed out at Pope Leo XIV as weak on crime, suggesting he owed his papacy to Trump and “should get his act together as Pope, use Common Sense, stop catering to the Radical Left, and focus on being a Great Pope, not a Politician.”

After significant outcry—including from his own evangelical and MAGA supporters—Trump deleted the post but refused to apologize for it.

Blasphemous. Profane. Threatening. Self-aggrandizing.

These posts are not anomalies.

They are part of a pattern—one that appears to be escalating.

What was once dismissed as erratic now feels increasingly unhinged. What was once provocative now borders on delusional. What was once ego now approaches outright megalomania.

Consider the trajectory.

In May 2025, after returning from the funeral of Pope Francis, Trump posted an AI generated image of himself as pope.

In December 2025, he posted more than 160 times over a five-hour period.

In January 2026, another late-night posting binge featured what the Poynter Institute described as “false economic claims, election conspiracies and political attacks.”

In February 2026, Trump shared a racist video depicting Barack and Michelle Obama as apes—while casting himself as the king of the jungle.

This is not normal.

Nor is it merely rhetorical excess.

It is behavior that mirrors the governing style: impulsive, self-serving, detached from reality, and increasingly dangerous.

The same egomania driving Trump’s online persona is shaping his presidency.

He has alienated allies, threatened the sovereignty of other nations—including Canada, Greenland and Cuba—and pushed the country toward ill-advised wars with devastating human and financial costs.

Having inherited one of the strongest economies in the world, he has overseen policies that have left average Americans struggling to stay afloat, even as his allies and corporate partners grow richer.

Whether driven by ego or manipulation—by flattery, spectacle or greed—the result is the same: America is being hollowed out while the president redecorates it in gold.

Literally.

Operating on the philosophy that it’s easier to ask forgiveness than permission, Trump bulldozed the East Wing to construct a lavish ballroom. He has proposed monuments in his own honor, covered the White House in gold embellishments, affixed his name to national institutions, and floated renaming major landmarks after himself.

He is even staging a UFC fight on the White House lawn on his 80th birthday as part of the nation’s 250th anniversary celebrations.

All of this while Americans struggle with rising grocery costs, unaffordable healthcare, and economic instability driven by his reckless policy decisions.

This is not serious governance. This is spectacle.

This is not rational.

This is not presidential.

And yet, despite widespread fatigue, desensitization, and normalization of this behavior, there must come a point when we acknowledge what is plainly visible: something is deeply wrong with the president.

This is no longer a matter of partisan disagreement or political style.

To any objective viewer, Donald Trump’s behavior—which has always been erratic at best—has become increasingly unstable.

As the New York Times reports:

“Trump seems even less restrained and more incoherent at times. He uses more profanity, speaks longer and regularly makes comments rooted in fantasy rather than fact. He keeps saying that his father was born in Germany when in fact he was born in the Bronx. He repeats an invented story about his uncle, an M.I.T. professor, telling him about teaching the terrorist known as the Unabomber. He wanders off into odd tangents — an eight-minute ramble at a Christmas reception about poisonous snakes in Peru, a long digression during a cabinet meeting about Sharpie pens, an interruption of an Iran war update to praise the White House drapes. He has confused Greenland with Iceland and more than once boasted of ending a fictional war between Cambodia and Azerbaijan, two countries separated by nearly 4,000 miles.”

As the oldest person elected to the White House, Trump—who turns 80 this year—oscillates between vicious politicking, relentless self-idolatry, and serving as the sleight-of-hand prop for what increasingly resembles an organized crime operation—one that operates behind the floodlights to consolidate power and wealth while robbing the American electorate blind.

Trump’s self-mythologizing is unprecedented in modern American politics.

As journalist Peter Baker notes, Trump “regularly depicts himself in a heroic, almost godly fashion, as a monarch, as a Superman, as a Jedi knight, as a military hero, even as a pope in a white cassock.”

“His picture has been splashed all over the White House, on multistory banners on the side of federal buildings, on annual passes to national parks and maybe even soon on a one-dollar coin. His name has been etched on the John F. Kennedy Center for the Performing Arts, on the U.S. Institute of Peace, on federal investment accounts, special visas and a discount drug program and, if he has his way, on Washington Dulles International Airport, Penn Station in New York and the future stadium of the Washington Commanders.”

Baker’s catalogue of Trump’s efforts to brand himself as the face of a new America is expansive, ranging from a 15-foot-tall gold-covered “Don Colossus” statue to a new class of battleships and adding his face to Mt. Rushmore. Trump even toyed with the idea of renaming the Gulf of Mexico to the Gulf of Trump.

This is not branding.

It is the architecture of a cult of personality.

“This is a man drunk on power with an already enormous ego,” said Sarah Matthews, deputy White House press secretary during the first Trump administration. “It reinforces the perception that this presidency is more about elevating one man than serving the country.”

As always, history points the way.

Cults of personality are hallmarks of authoritarian regimes—not constitutional republics. They are associated with figures like Stalin, Mao, Mussolini and, more recently, Vladimir Putin.

The parallels are difficult to ignore.

So, too, are Trump’s similarities to the megalomania of Saparmurat Niyazov, the former dictator of Turkmenistan, whose own cult of personality gave rise to policies based on his changeable whims, pet peeves and ego.

As Slate reports, Niyazov not only outlawed beards, lip syncing, and gold teeth but also installed a 350 foot, rocket-shaped monument­—the Arch of Neutrality—topped with a golden statue of Niyazov that rotated so it constantly faced the sun.

But such power does not exist in a vacuum.

It is enabled.

While Niyazov was, indeed, a megalomaniac, it was his cult of personality—the hard-core followers who formed his base—that empowered him to act as a dictator.

Likewise, Trump’s personality cult has, as the New York Times Editorial Board noted, “transformed the Republican Party from a political organization into a cult of personality”—one that reinforces and amplifies his excesses.

We are, as Pope Leo XIV warned, mired in a “delusion of omnipotence” that “is becoming increasingly unpredictable and aggressive.”

Which brings us to the unavoidable question: what happens when the president appears unable to discharge the duties of his office in a rational, coherent, and responsible manner?

In other words, what can we do when the president appears to be losing his mind?

This is a constitutional crisis.

And the Constitution provides a remedy.

The 25th Amendment to the U.S. Constitution, ratified in 1967 in the wake of John F. Kennedy’s assassination, provides a process by which the government continues to function should the president be unable to carry out his duties.

There are four clauses to the amendment, which outlines the procedure for “replacing the president or vice president in the event of death, removal, resignation, or incapacitation.”

Section 4 is explicit:

“Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.”

A growing chorus of individuals—a lineup of the usual Trump critics, as well as some of his onetime defenders—have loudly called to invoke the 25th Amendment, insisting that the president is not fit for office.

Yet as Gaby Hinsliff concludes in The Guardian:

“In practice, constitutional safeguards are only as strong as the resolve of a leader’s inner circle—people often devoted to keeping them in power at all costs—to expose the boss publicly at his or her most vulnerable… But it’s precisely to override such emotional dilemmas that, in the case of political leaders, constitutional safeguards exist. For without them, we’re all potentially just passengers in some superpower’s speeding truck: watching helplessly from the back seat as the driver weaves all over the road, and wondering just how close we have to get to crashing before someone speaks up.”

Notably silent among those calling to invoke the 25th Amendment: anyone in Trump’s cabinet or among those who would benefit most from keeping Trump as a figurehead, including the Republicans in Congress (minus Thomas Massie).

History suggests this is not unusual.

There has long been a tendency to shield those in power from scrutiny, to conceal frailty in the name of stability, and to protect the office even at the expense of the public.

That instinct—to cover up rather than confront—can be as dangerous as the instability itself.

This was never supposed to be about politics.

It was never supposed to be about ideology.

It is about constitutional capability.

Yet the same voices that once called for invoking the 25th Amendment against Joe Biden have fallen silent—or worse, attempted to dismiss Trump’s instability as authentic and refreshingly unfiltered.

But there is no filter for this level of dysfunction.

Somewhere between Trump’s attempts to overthrow the 2020 election and his threats of war crimes against civilians, we crossed a line—from controversial leadership into dangerous incapacity.

“What’s alarming is how the rate of Trump’s bizarre speech and political decisions have been increasing,” said Harry Segal, a senior lecturer in the Psychology Department at Cornell University and in the Psychiatry Department at Weill Cornell Medicine. “Trump has shown evidence of dementia … as indicated by his strange gait, phonemic paraphasia—when he begins a word and can’t finish it—and decline in the complexity of his words and concepts… he is avoiding events where he has to respond coherently and spontaneously … he has become more impulsive, another sign of incipient dementia.”

Even those within Trump’s orbit have acknowledged the risk.

As former White House Communications Director Anthony Scaramucci observed, “It was at this point that our Founders thought the best thing to do would be to remove a mad man who has the executive office. It became more formalized with the 25th amendment, but more people now should be calling for this man’s removal.”

Yet again, the troubling parallels to America’s nascent beginnings are hard to ignore.

King George III—believed to have suffered from severe mental instability, including manic episodes and delusions—lost the American colonies in part because of his inability to govern rationally.

Two hundred fifty years later, America once again finds itself charting dangerous territory.

Yet even so, this moment is about so much more than one man and his cult of personality.

Because while the president may be unraveling in plain sight, the machinery of the American Police State continues to expand—quietly, relentlessly, and with bipartisan support.

Surveillance is expanding.

Policing is becoming more militarized.

Power is becoming more centralized and less accountable.

And unlike the presidency, there is no 25th Amendment for the police state.

No mechanism to declare it unfit.

No procedure to remove it.

Or is there?

After all, isn’t that what the Declaration of Independence was—a formal recognition that a ruler was no longer fit to govern, followed by a blueprint for replacing that power with something accountable to the people?

The American Revolution was, at its core, a judgment: that unchecked power must be resisted.

That principle still stands.

As I make clear in Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the answer is not violence, but vigilance.

Not chaos, but constitutional resistance.

If the government has become unfit—whether through madness, corruption or unchecked power—then it is up to “we the people” to hold it accountable.

Because if we fail to act, we may soon find that the problem is no longer one unstable leader—but a system that no longer answers to the people at all.

Source: https://tinyurl.com/3msmnbt9

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge.

“From the least to the greatest, all are greedy for gain; prophets and priests alike, all practice deceit. They dress the wound of my people as though it were not serious. ‘Peace, peace,’ they say, when there is no peace.”—Jeremiah 6:13–14

“This is insane. Regime change will result in a bloody civil war… Resist this!”—Charlie Kirk (2025)

The military-industrial complex and the American police state have joined forces.

War abroad and war at home are no longer separate enterprises. They have fused.

This did not happen overnight.

Every modern president has stretched the limits of war-making power. Some have shredded those limits altogether.

Each time that boundary is breached, the Constitution recedes a little further.

This is one of those moments.

In a complete about-face from his claims to being a peace president, Donald Trump has authorized yet another preemptive strike—this time against Iran—without a declaration of war from Congress, without meaningful public debate, and without constitutional clarity.

The gravity of that decision cannot be overstated.

While American troops were being ordered into harm’s way, Trump was hosting a $1 million-a-ticket fundraiser for himself at Mar-a-Lago, trotting out his signature dance moves between curtained war briefings.

That spectacle tells you everything you need to know.

That is how we arrived at Operation Epic Fury.

With its Orwellian proclamations of “peace through strength,” Operation Epic Fury is less strategy than spectacle—an egotistical, muscle-flexing distraction by the Trump administration and an overarching attempt to normalize the use of unilateral force by the executive branch without congressional input or authorization.

This was never about peace. It was always about power.

And the Constitution is clear about how this is supposed to work, even if the White House is not.

Article I, Section 8 grants Congress—not the president—the power to declare war. The president under Article II, Section 2 is designated as commander-in-chief with the power to command the military. He is not commander-of-everything.

Yet here we are.

The Trump administration is advancing a global policing doctrine that mirrors the domestic police state: strike first, ask questions later.

Since January 2025, Trump has carried out more than 600 military strikes on foreign targets that include Iran, Yemen, Nigeria and Venezuela, while threatening forceful military takeovers of Greenland, Colombia and Mexico.

Preemptive force has become policy.

Call it what it is: war.

Despite the word games over its war games—the administration insists its actions in Iran do not constitute a war—members of Trump’s Cabinet use the word “war” freely until congressional authorization is mentioned.

And when the administration is asked to explain themselves, the answer is not constitutional deference but open defiance.

Clearly, they have lost sight of who they answer to—and who funds their war chests: we the taxpayers.

Pete Hegseth—the self-righteous blowhard who brags about lethal weapons and has rebranded the Defense Department as the Department of War—dismissed public accountability outright, expressing in no uncertain terms that it’s none of our business: “Why in the world would we tell you, you, the enemy, anybody what we will or will not do in pursuit of an objective. We fight to win. We fight to achieve the objectives the President of the United States has laid out and we will do so unapologetically.”

The Constitution is the “why.”

The American people have a right to debate war before it begins. We have a right to know how our tax dollars are spent. We have a right to insist our representatives authorize the use of force. We have a right to know why our sons and daughters are sent into harm’s way. We have a right to refuse to have our tax dollars used to kill other people’s daughters and sons.

As Rick Steves, the globetrotting travel writer, put it:

“As an American taxpayer, I believe that every US bomb that falls and every bullet that flies has my name on it. In the last year, our president (who won votes by promising to keep America out of wars and is now famously agitating for a Nobel Peace Prize) has dropped bombs on seven foreign countries—and each of those bombs has your name on it, too…including the one that just recklessly decapitated a nation of 90 million people in a war-torn corner of our world.”

He is right. War is not abstract—it is done with our money, and too often without our consent.

As Cato Institute’s Katherine Thompson explains, “War…costs American blood and treasure. The Founders placed the power to initiate it in Congress precisely to ensure those costs are confronted and debated before the country walks into battle.”

That safeguard is being ignored.

And the damage does not stop at constitutional injury, because war is not only a constitutional problem. It is an economic one.

War fuels defense contracts, reconstruction deals and intelligence budgets. It sustains a vast military-industrial apparatus whose profits depend on instability.

Nothing about Operation Epic Fury puts America first. It pushes us toward a fiscal cliff.

Within days, the costs were staggering: $300 million for three F-15E jets downed by “friendly” fire. $630 million to transport troops, ships and aircraft to the region in advance of the attacks. More than 50,000 troops deployed to the region. $13 million a day just for two aircraft carriers stationed nearby. $43.8 million for 1,250 Kamikaze drones. $2 million each for Tomahawk missiles. $12.8 million each for anti-ballistic missile interceptors.

Forbes estimates that Trump’s military strikes in Iran have already cost American taxpayers over $1 billion, “with a price tag that could approach $100 billion, depending on how long it can stretch on.” The total economic cost of the conflict “could trigger an economic loss for the U.S. of between $50 billion and $210 billion.”

And that is before accounting for the human cost.

Innocent civilians—over a hundred young girls between the ages of 7 and 12—have died because the U.S. and Israel reportedly launched a deadly strike on a girls’ elementary school in Iran using outdated maps.

American servicepeople are dying because of one man’s unilateral decision to play at war.

So much for “America First.”

Permanent war places empire first.

And as usual, “we the people” will be forced pay for another unpopular forever war—financially, constitutionally, and domestically—and for the presidential hubris and the greed of the military-industrial complex and Deep State undergirding it all.

Congress anticipated this danger.

The War Powers Act was meant to rein in presidents who bypass Congress. But laws are only as strong as the institutions willing to enforce them.

Without congressional authorization, without meaningful debate, without constitutional clarity, the executive branch claims the unilateral authority to wage war.

This is how dictatorships arise and republics erode.

It happens when a president is allowed to treat constitutional limits as inconveniences rather than restraints.

Trump routinely dismisses unfavorable polls, ignores the courts, sidesteps Congress, shows contempt for the will of the American people, and ignorance about the fact that he works for “we the people.” He behaves not as a public servant but as a potentate.

As John Jay warned in The Federalist No. 4:

“Absolute monarchs will often make war when their nations are to get nothing by it, but for the purposes and objects merely personal, such as thirst for military glory, revenge for personal affronts, ambition, or private compacts to aggrandize or support their particular families or partisans. These and a variety of other motives, which affect only the mind of the sovereign, often lead him to engage in wars not sanctified by justice or the voice and interests of his people.”

If this were merely a constitutional dispute, it would be grave enough.

But it is not merely constitutional.

The consequences are immediate, political, and profoundly destabilizing.

Trump has a tendency to bulldoze through constitutional and legal restraints, creating a spectacle or a crisis, and then leaving others to clean up the fallout—whether it is a gutted ballroom, an eviscerated federal agency, a chaotic immigration crackdown, or now a widening war in the Middle East.

Long after the headlines move on, the wreckage remains.

And when the crisis involves war, the consequences are not merely bureaucratic or political — they are measured in lives and liberties.

War, in particular, has always been the most convenient tool of presidents facing troubles at home. When approval ratings slide, when economic policy falters, when scandal threatens to consume the headlines, foreign conflict has a way of shifting the narrative.

Trump’s Iran escalation—a deadly, costly, immoral, unpopular distraction from missteps of Trump’s own making—comes amid dismal polling, a faltering economy, escalating immigration crackdowns, eroding constitutional protections, and renewed scrutiny tied to the Epstein files.

Six out of ten Americans disapprove of Trump’s military action against Iran.

And while there is little to defend about Iran—it is a brutal regime—no nation has the right to declare itself judge, jury and executioner of another without lawful authority. To suggest otherwise is the language of strongmen.

Moreover, what happens abroad does not stay abroad.

The same government that claims unilateral authority to bomb foreign nations claims expanded authority to surveil, detain and silence domestically.

The military-industrial complex and the police state operate in tandem.

At home, we are being subjected to many of the same tactics and technologies deployed overseas. This is how America becomes a battlefield.

The pattern is not new. George W. Bush expanded warrantless surveillance. Obama normalized drone warfare. Presidents of both parties have stretched executive power.

Trump inherited the imperial presidency—and leaned into it. He boasts of his authority, derides the courts, dismisses Congress, and treats constitutional limits as inconveniences rather than guardrails.

He governs as though Article II were a royal charter.

Defense contractors may prosper in such a climate. The Constitution does not.

History teaches that war abroad produces blowback at home. Twenty-five years ago, 9/11 was itself blowback—the consequence of decades of military intervention and occupation in the Middle East.

Blowback justifies emergency powers. Emergency powers justify a police state. A police state justifies a permanent national security state.

The “war on terror” did not end terrorism. It institutionalized emergency. And permanent emergency makes constitutional government fragile.

James Madison warned that “the means of defense against foreign danger have been always the instruments of tyranny at home.”

We have seen it unfold over the past quarter century: the militarization of police, battlefield tactics in American neighborhoods, expansive surveillance justified by counterterrorism. The same tactics and rationale deployed abroad eventually get used against the American people here at home.

War abroad justifies control at home. That is the pattern.

As legal scholar Aziz Huq, professor of law at the University of Chicago, warns, the same national-security powers used to justify bombing foreign nations can be turned inward—against domestic opponents and even against the electoral process itself.

That is the long game being played right now.

This unprovoked attack on Iran is turning the Middle East into a war zone, in turn laying the groundwork for Trump to act on the fantasies he has long entertained about cancelling the mid-term elections.

It is not far-fetched to imagine he might attempt it. He has repeatedly hinted about it and has already demonstrated how far he is willing to go to overturn an election.

On the very day bombs began falling on Tehran, Huq notes that the White House was reportedly considering a unilateral executive order asserting the power to control how and when Americans vote in the upcoming midterm elections—citing “national security” and alleged foreign meddling as justification.

As Huq explains, the presidency is especially weakly bound by law when “national security” is invoked. The absence of legal authority did not prevent the strikes on Iran—strikes that are unlawful under the Constitution, which assigns Congress alone the power to initiate war.

If national security can be invoked to bypass Congress abroad, it can be invoked to bypass constitutional limits at home.

In other words, if a president can launch a war without congressional authorization, he can claim similar emergency authority to restrict voting, suppress dissent, or silence opposition.

This is not republican governance. It is rule by force.

Even some of Trump’s former allies sense the instability. As Marjorie Taylor Greene bluntly put it, “I think it’s time for America to rip the Band-Aid off and we need to have a serious conversation about what the f— is happening in this country and who in the hell are these decisions being made for and who is making these decisions.”

America’s founders understood this danger. They structured the Constitution to prevent any one man from dragging the nation into war.

In making the case that decisions about war should never be left to one man, legal scholar David French quotes then-Congressman Abraham Lincoln at the close of the Mexican-American War in 1948: “Kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This, our convention understood to be the most oppressive of all kingly oppressions and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us.”

Concludes French: “Those words were true then, and they’re true now. No matter what he thinks, Trump is not a king. But by taking America to war all on his own, he is acting like one.”

If we are to preserve any semblance of constitutional government, Congress must reclaim its war powers. The War Powers Resolution must be enforced. Emergency powers must be narrowed, sunsetted and restrained. Surveillance must be reined in. Domestic military deployment must be limited to the most narrow, exceptional circumstances.

But structural reform alone will not save a republic that has grown comfortable with permanent war. Because once war abroad and war at home fully merge, the Constitution becomes little more than words on paper.

War is not peace. Preemptive war is not strength. And an imperial presidency—no matter how loudly it wraps itself in flags—is not constitutional government.

The Founders understood that the gravest threat to liberty would not come from foreign enemies alone, but from the concentration of power in the hands of one man who believed himself indispensable.

A president who can send bombs abroad without consent can silence opposition at home without hesitation.

A government that governs by the rule of emergency eventually ceases to govern by the rule of law.

And a nation that trades liberty for spectacle will wake up to find that it has neither.

History is a relentless teacher: military empires may rise on the back of war, but they fall just as quickly from being spread too thin. Already, days after the start of this debacle of a war on Iran, U.S. forces are being used to combat drug trafficking in Ecuador.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the question is no longer whether America can police the globe. The question is whether our Republic can survive the weight of the Empire it has become.

We are at the point where we must choose: the spectacle of permanent war, or the survival of the American experiment in freedom.

We cannot have both.

Source: https://tinyurl.com/u65m2syb

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. 

WASHINGTON, DC — If you carried a cell phone past the wrong street corner at the wrong moment, police could already have your movements, your digital trail, and your identity—without ever suspecting you of a crime. That is the reality of geofence warrants, a powerful surveillance tool whose use by police is now being challenged before the U.S. Supreme Court.

Warning that geofence warrants constitute digital fishing expeditions that force millions of innocent Americans to prove they’re not suspects, The Rutherford Institute is urging the Supreme Court to hold that geofence warrants are unconstitutional general warrants—an abuse of power the Founders sought to prohibit through the Fourth Amendment. Historically, general warrants gave government agents sweeping authority to search wherever they pleased, without probable cause or particularized suspicion limited to particular individuals, locations, or materials. As Institute attorneys warn in an amicus brief in Wells v. Texas, geofence warrants revive that same abuse in digital form, allowing the government to rummage through the location histories of untold numbers of innocent people in the hope that someone, somewhere, might be connected to a crime.

“Geofence warrants turn the Fourth Amendment on its head. If the government can track where we go, who we associate with, and when we were present—without probable cause—then no one’s movements are truly private,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “This case is about whether the Constitution still places meaningful limits on government surveillance in the digital age.”

When police have no suspect but assume—correctly—that nearly everyone carries a cell phone, geofence warrants allow them to compel technology companies to turn over location data for every device within a defined area and time period, regardless of suspicion. Police can then narrow that data through successive requests—tracking movements, reviewing account information, and ultimately identifying individuals—until a suspect emerges. Geofence warrants have been used by law enforcement since at least 2016.

In Wells v. Texas, Texas police obtained a geofence warrant directing Google to identify devices located near the scene of a crime during a specific time window. Through successive data requests, police ultimately identified a cell phone associated with the defendant as being in the area, leading to a conviction. In a divided decision, the Texas Court of Criminal Appeals upheld the geofence warrant as constitutional. Two judges went further, asserting that no warrant was required at all because cell phone users lack a reasonable expectation of privacy in information they “voluntarily” share with third parties such as Google. That reasoning directly conflicts with a ruling in another case from the Fifth Circuit Court of Appeals, which held that geofence warrants are general warrants categorically prohibited by the Fourth Amendment.

In asking the U.S. Supreme Court to review the case, The Rutherford Institute warns that geofence warrants pose a grave and growing threat to the privacy of all Americans. By normalizing suspicionless surveillance, these warrants establish a dangerous precedent in which vast numbers of innocent people must surrender their privacy simply for existing in public space with a smartphone in their pocket.

Ethan H. Townsend and Maura R. Cremin of McDermott Will & Schulte LLP advanced the arguments in the amicus brief.

The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.

Source: https://tinyurl.com/8hhk7yvp

“No doubt concentration camps were a means, a menace used to keep order.”—Albert Speer, Nuremberg Trials

In 2021, amid a global pandemic, warnings that the federal government might repurpose warehouses into detention facilities on American soil were dismissed as speculative, alarmist, even conspiratorial.

Five years later, what was speculation is a blueprint for locking up whomever the government chooses to target.

According to investigative reports, the Department of Homeland Security and Immigration and Customs Enforcement are actively purchasing warehouses, factories and industrial buildings across the country for use as detention centers—often with little public notice, minimal oversight, and virtually no accountability.

This is no longer a warning.

It is a five-alarm fire.

With the Trump administration moving forward with plans to rapidly acquire warehouses for what could become a nationwide mass detention network, it’s no longer a question of whether the government will expand mass detention to lock up Americans for defying its mandates but when.

This is how it begins.

The government already has the means, the muscle and the motivation. It has spent decades building a vast archipelago of prisons, detention centers, and emergency facilities capable of imprisoning large numbers of people.

Almost 70,000 people are currently being held by ICE. With $45 billion burning a hole in its budget, the Department of Homeland Security is spending big on its concentration camps in order to hold more people, for longer periods, with fewer constraints.

While the Trump administration insists that it is only targeting the “worst of the worst”—murderers, rapists, gang members, pedophiles and terrorists—most of those being rounded up have no criminal record. Being undocumented is a civil violation, not a crime.

This is where we have to tread cautiously, because authoritarian regimes love to play Orwellian word games, and the current administration is no exception.

Case in point: DHS Secretary Kristi Noem claims that every single individual arrested or detained has committed a crime, but being charged with or even suspected of a crime is very different from being convicted of a crime.

When the Secretary of Homeland Security equates an arrest with a crime, she isn’t just playing word games—she is effectively nullifying the Fifth and Fourteenth Amendments’ guarantee of due process and the presumption of innocence.

If the bar for being arrested is merely committing a crime, we’d all be locked up.

It may come to that eventually.

Given the over-criminalization of the American legal code, which contains over 5,000 federal criminal statutes and hundreds of thousands of regulations—translation: every single American unknowingly commits at least three crimes a day—every American can be rendered a “criminal” at the government’s whim.

When you have a government in the business of rounding people up in order to fill warehouses and play to the optics of being tough on crime, it won’t just be undocumented immigrants getting rounded up.

In The Origins of Totalitarianism, political theorist Hannah Arendt warned that concentration camps were not built primarily for criminals. They were built to imprison the innocent—people rendered “criminal” by the state simply for who they were or what they believed.

These camps functioned as laboratories for total domination, where guilt was irrelevant and innocence offered no protection. Individuals were stripped of rights, reduced to categories, and rendered expendable.

That is the danger we are facing now: rightlessness in an age of rights.

When detention quotas replace due process, when people are locked up not for what they have done but for who the government decides they are, the machinery of authoritarianism is already in motion.

Reports of ICE smashing car windows, grabbing people off the streets, and detaining American citizens despite proof of legal status offer a preview of what lies ahead.

We’re not supposed to live in a “papers, please” society, and yet under Trump’s leadership, America is rapidly becoming one.

History has a name for what happens when governments abandon due process and begin locking people up for who they are rather than what they have done.

The next step is always logistical. Once the decision is made to detain people en masse, the state must find places to hold them—out of sight, out of reach, and outside the law.

That is where the warehouses come in.

Make no mistake: these are concentration camps in their earliest form, rebranded and revived for a new age.

“We need to get better at treating this like a business,” ICE director Todd M. Lyons said of deportations. “Like [Amazon] Prime, but with human beings.”

This language has been used before.

Concentration camps were not initially designed as extermination centers. They were built to intimidate, isolate, and neutralize those deemed undesirable—political dissidents, religious minorities, social outcasts, and anyone perceived as a threat to the regime.

As the U.S. Holocaust Memorial Museum explains, “The term concentration camp refers to a camp in which people are detained or confined, usually under harsh conditions and without regard to legal norms of arrest and imprisonment that are acceptable in a constitutional democracy.”

That is the point.

This is not about immigration.

It is about what happens when any government claims the power to decide who belongs, who poses a threat, and who can be disappeared for the sake of order.

The legal framework already exists.

Under the National Defense Authorization Act (NDAA), the President and the military are authorized to detain individuals—including U.S. citizens—without access to family, legal counsel, or the courts if the government labels them terrorists.

That label can now be applied so interchangeably with the terms anti-government and extremist that it doesn’t take much to be considered a terrorist anymore.

The Department of Homeland Security, for example, broadly defines extremists as individuals and groups that are “mainly antigovernment,” reject federal authority, or question the legitimacy of government power. Military veterans have been flagged as potential extremist threats simply for being disgruntled or disillusioned. Ordinary Americans exercising their constitutional rights—speaking freely, protesting, criticizing the government, owning firearms, or demanding warrants—can find themselves on a government watch list.

As a New York Times editorial once warned, you may be viewed as an anti-government extremist (a.k.a. domestic terrorist) if you are afraid that the government is plotting to confiscate your firearms, believe the economy is about to collapse, suspect the government will soon declare martial law, or display too many political bumper stickers on your car.

According to the FBI, espousing conspiracy theories or holding views that are contrary to the government’s can also qualify someone as a domestic terrorism concern.

This is what happens when you put the power to determine who is a potential danger in the hands of government agencies, courts, and police, but also give those agencies sweeping authority to detain individuals and lock them up for perceived wrongs without due process.

It is a system begging to be abused. And it has happened here before.

In the 1940s, Japanese-Americans were rounded up and imprisoned in concentration camps based solely on their ancestry. The Supreme Court upheld the policy in Korematsu v. United States (1944), concluding that national security concerns outweighed individual liberty.

Courts have a habit of recognizing injustice only after the fact, and the government has a tendency to sidestep the rule of law when it suits its purposes. As Justice Scalia once warned, “In times of war, the laws fall silent.”

The groundwork has been laid.

The infrastructure for domestic concentration camps has existed for decades.

FEMA—the Federal Emergency Management Agency—has long been tasked with emergency planning that includes large-scale detention capabilities.

Created by executive order in the 1970s, FEMA’s mandate expanded quietly. By the 1980s, it was involved in classified military-type training exercises carried out in conjunction with the Department of Defense. Code named Rex-84, federal agencies, including the CIA and the Secret Service, were trained on how to respond to domestic unrest and carry out mass round-ups.

FEMA’s role in planning for domestic internment and mass detention is well-documented.

Now if you’re going to have internment camps on American soil, someone has to build them— or repurpose existing structures to serve that function—and then staff them—and eventually fill them.

In 2006, the government awarded a Halliburton subsidiary a $385 million contract to build American detention facilities for use during “emergencies,” including mass immigration, “natural disasters,” or to support the rapid development of new programs in the event of other emergencies.

That rationale has now been updated for a new era.

Today, DHS and ICE are buying up and converting warehouses, factories, and industrial spaces across the country into detention facilities. These buildings—designed for storage and logistics, not human beings—are being outfitted with fencing, surveillance systems, holding areas, and makeshift sleeping quarters. Many operate outside the standards that apply to traditional correctional facilities, with fewer inspections, limited oversight, and little public visibility.

The government insists these warehouse detention sites are necessary to handle prisoner overflow, respond to emergencies, and maintain flexibility.

History tells a different story.

What begins as temporary becomes permanent. What is justified as exceptional becomes routine. And what is done to non-citizens has an uncanny way of expanding—especially when dissent, protest, or noncompliance are rebranded as threats to national security.

Once again, the language of emergency is being used to normalize extraordinary abuses of power.

Now, detention camps require not only buildings but lists of potential detainees, and here, too, the government is prepared.

For decades, the government has acquired and maintained, without warrant or court order,  databases of individuals considered threats to national security. One such database—reportedly known as “Main Core”—contains millions of names and is intended for use during national emergencies to locate and detain perceived enemies of the state.

As Salon reports, this database, reportedly dubbed “Main Core,” is to be used by the Army and FEMA in times of national emergency or under martial law to locate and round up Americans seen as threats to national security.

In 2026, the static lists of the past have been replaced by “living” databases.

Fueled by agentic AI and mass data-scraping, the government’s surveillance architecture no longer relies on manual updates. These AI systems autonomously crawl social media, financial records, and geolocation data in real-time, creating high-accuracy “threat profiles” that are virtually impossible to escape.

Once you are flagged by an algorithm that operates without human oversight, you aren’t just a name on a list—you are a permanent node in a digital dragnet that follows you from your keyboard to the warehouse door.

This AI-driven dragnet is on the hunt using a specific, long-established ideological map. The technology has simply caught up to the government’s decades-old desire to categorize dissent as a national security threat.

Remember back in 2009, the Department of Homeland Security (DHS) released two reports, one on “Rightwing Extremism,” 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,” and one on “Leftwing Extremism,” which labeled environmental and animal rights activist groups as extremists.

Incredibly, both reports used the words terrorist and extremist interchangeably.

That same year, the DHS launched Operation Vigilant Eagle, which calls for surveillance of military veterans returning from Iraq, Afghanistan and other far-flung places, characterizing them as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.”

These reports indicated that for the government, so-called extremism is not a partisan matter.

Anyone seen as opposing the government—whether they’re Left, Right or somewhere in between—is a target.

Which brings us to the inevitable conclusion: when the government claims the authority to broadly define who is a threat, uses taxpayer funds to erect a network of concentration camps across the country, and methodically builds databases identifying anyone seen as opposing the government as an extremist, the question is not if that power will be abused—but when and how often.

As I make clear in Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, this is the slippery slope.

If the price for fighting illegal immigration is the complete abdication of our constitutional republic, that price is too high.

The means do not justify the ends.

The police state’s solutions to our so-called problems pose the greatest threat to our freedoms.

Source: https://tinyurl.com/vhew4kzk

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

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John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. 

Some years chip away at freedom. Others tear the mask off.

2025 was the year the government stopped pretending it was constrained by the Constitution—when executive power expanded openly and unapologetically, surveillance became ambient, dissent became dangerous, and the machinery of militarized government embedded itself into daily life.

Under Trump 2.0, the erosion of civil liberties gave way to something more brazen: the dismantling of constitutional government itself.

What made 2025 different was not any single abuse of power, but the relentless accumulation of them. The losses mounted week by week, crisis by crisis, executive order by executive order, until exhaustion itself became a political condition.

Outrage no longer led to accountability; it simply rolled into the next emergency.

What follows is not a list of grievances or a catalogue of partisan disputes. It is a record of the year freedom lost its guardrails—and of a nation torn apart from within by the very individuals and institutions entrusted with preventing such tyranny.

Donald J. Trump entered his second term promising revenge, retribution, and sweeping transformation. In that regard, he has been utterly successful.

Where he has failed—spectacularly—is in honoring his oath of office to protect and defend the Constitution. He has failed to represent all of the people, opting instead to serve only those interests that inflate his ego and advance his personal and financial ambitions. He has failed to unite the country behind any shared civic vision, choosing instead to deepen divisions through rhetoric and policies that inflame hatred, entrench discrimination, and normalize cruelty. Racism was emboldened, bigotry encouraged, misogyny amplified, and corruption reframed as governance. Authoritarian instincts were no longer masked; they were embraced.

From the outset, Trump treated the Constitution not as a governing framework but as an obstacle—something to be maneuvered around, ignored, or rewritten by executive fiat. Indeed, he signed more executive orders in his first month than any other president had signed in their first 100 days.

The warning signs appeared immediately.

Within days of his inauguration, the U.S. Constitution and Bill of Rights disappeared from the White House website. While the administration later insisted the documents would be restored, the timing and symbolism were impossible to ignore—especially as executive orders poured out at a pace designed to bypass the very rule of law those documents exist to preserve.

Almost immediately thereafter, Trump declared two national states of emergency, announced his intention to disregard the Fourteenth Amendment’s guarantee of birthright citizenship, established new federal agencies without congressional authorization, and pushed for an expansion of the death penalty.

Constitutional boundaries were not merely tested; they were treated as optional.

At the same time, the presidential pardon—intended as a tool of mercy—was transformed into a currency of loyalty. Political allies and insiders were shielded from accountability, signaling that allegiance to the president now mattered more than fidelity to the law.

Economic governance followed the same pattern. Trump unilaterally launched tariff wars against longstanding trade partners, seizing Congress’s power of the purse and throwing already fragile markets into turmoil.

Constitutional process was no longer a prerequisite for national policy; presidential will was sufficient.

Immigration enforcement soon revealed just how far the rule of law had eroded. Despite campaign promises to target violent offenders, Immigration and Customs Enforcement expanded dragnet-style raids that swept up undocumented immigrants with no criminal history. In a calculated effort to evade judicial review and human rights obligations, detainees were secretly flown out of the country to foreign prisons beyond the reach of U.S. courts. Kilmar Garcia, a Maryland man with deep family and community ties, became the public face of the government’s approach to immigration that treated due process as expendable and exile as administrative convenience.

As public opposition mounted, the government’s response was not restraint but force. The National Guard was deployed first to Washington, D.C., and then increasingly to states across the country, under the pretext of addressing crime and unrest. Civil liberties organizations warned that the line between civilian law enforcement and military occupation was rapidly disappearing.

The administration pressed on regardless.

By this point, the nation was teetering on the brink of a constitutional crisis. The president openly embraced the notion that “I have the right to do whatever I want as president.” The vice president echoed the belief that the executive should be effectively unaccountable to the other branches. Meanwhile, a Republican-controlled Congress appeared willfully blind—ceding its constitutional responsibilities in the face of brazen executive overreach.

Abroad, constitutional limits collapsed just as readily.

The United States, favoring Israel, carried out preemptive military strikes against Iranian nuclear sites without congressional authorization. Drone strikes escalated in Yemen. Civilian boats were targeted under the banner of counterterrorism and drug interdiction. Trump openly threatened land invasions of Venezuela.

The Founders’ fear of a standing army turned inward—and war powers exercised without consent—was no longer theoretical. It had become standard operating procedure.

Domestic tragedy did nothing to slow this consolidation of power. Crisis after crisis was folded into an ever-expanding rationale for centralized control, rather than prompting accountability, restraint, or reflection.

By midyear, even the machinery of government itself was being dismantled. Under the banner of “efficiency,” the Department of Government Efficiency (DOGE) began shuttering agencies and hacking away at public services. In practice, the initiative cost taxpayers more than it saved, hollowed out institutional expertise, and left Americans with fewer protections and fewer remedies.

The government became less capable of serving the public—and more capable of policing it.

At the same time, the surveillance state reached a new level of sophistication and reach. Government agencies consolidated financial records, biometric identifiers, communications metadata, travel histories, and online behavior into centralized intelligence systems, often facilitated by private contractors such as Palantir. Artificial intelligence tools generated risk scores and predictive profiles, flagging individuals not for crimes committed, but for behaviors, associations, and speech deemed suspicious.

The presumption of innocence gave way to the logic of pre-crime.

Courts increasingly refused to intervene. Again and again, constitutional challenges were dismissed on procedural grounds, with judges ruling that Americans lacked “standing” to challenge secret surveillance systems precisely because the government refused to disclose how those systems worked. Rights that cannot be challenged are rights in name only.

What became unmistakably clear in 2025 was that presidential misconduct is no longer treated as an aberration, but as an occupational hazard the system has learned to tolerate. Once in office, presidents are functionally insulated from meaningful accountability—shielded by partisan loyalty, procedural delay, and judicial deference.

The message could not be clearer: the higher the office, the lower the likelihood of consequences. This is not a failure of any single investigation or prosecutor. It is a structural failure that has trained executive power to act with impunity, confident that the law will bend, stall, or look away.

Due process eroded accordingly.

Habeas corpus—the oldest safeguard of liberty—lost meaning as Americans were detained first and forced to justify their innocence later. Political speech itself was increasingly treated as a public-safety risk.

Incarceration, meanwhile, became national infrastructure. The administration advanced a $170 billion expansion of the prison system, including new megafacilities such as “Alligator Alcatraz.” Predictive policing systems fed people into the system at the front end, while bureaucratic cruelty defined life inside it.

Justice became mechanical, impersonal, and deliberately unforgiving.

Federalism collapsed in parallel. Local police forces were federalized in practice if not in name. National Guard units were commandeered. Federal enforcement authority expanded into states and cities once shielded from centralized power. The balance between local self-governance and federal authority—one of the Constitution’s most important safeguards—was steadily erased.

Oversight mechanisms fared no better. Inspectors General were sidelined. Congressional subpoenas were ignored. Whistleblowers were punished rather than protected. Transparency collapsed as Freedom of Information Act requests were delayed, denied, or buried. Routine documents were classified. Internal communications vanished.

A government that hides everything cannot be trusted with anything.

Much of this power was exercised indirectly. Core government functions—surveillance, incarceration, border enforcement, data analysis—were outsourced to private corporations immune from constitutional constraints. This corporate shadow state allowed the government to violate rights by proxy, then disclaim responsibility by insisting the Constitution did not apply.

By year’s end, even the machinery of democracy itself showed visible strain. Extreme gerrymandering, voter-roll purges, selective enforcement of election laws, and the targeting of political opponents weakened the people’s ability to choose their representatives.

The Constitution guarantees every state a republican form of government. In 2025, that promise rang hollow.

None of this happened overnight. That is the point.

The damage was cumulative, calculated, and exhausting by design. The goal was not merely to expand power, but as I make clear in Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, to normalize its abuse, to wear the public down until resistance felt futile.

2025 showed us what unchecked power looks like when it no longer feels the need to pretend.

The question for 2026 is not whether this trajectory will continue, but whether the American people will reassert the constitutional limits that make freedom possible—before those limits disappear entirely.

Source: https://tinyurl.com/5dbxwj4r

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge.