SWAT team | John W. Whitehead, Constitutional Attorney

Posts Tagged ‘SWAT team’

Rule by Fiat: When the Government Does Whatever It Wants

Posted: April 13, 2021 in Uncategorized
Tags: Biden, Constitution, guns, police state, red flag gun laws, Second Amendment, SWAT team

“We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; which is the stage of the darkest periods of human history, the stage of rule by brute force.” — Ayn Rand

Rule by brute force.

That’s about as good a description as you’ll find for the sorry state of our nation.

SWAT teams crashing through doors. Militarized police shooting unarmed citizens. Traffic cops tasering old men and pregnant women for not complying fast enough with an order. Resource officers shackling children for acting like children. Homeowners finding their homes under siege by police out to confiscate lawfully-owned guns. Drivers having their cash seized under the pretext that they might have done something wrong.

The list of abuses being perpetrated against the American people by their government is growing rapidly.

We are approaching critical mass.

The groundwork has been laid for a new kind of government where it won’t matter if you’re innocent or guilty, whether you’re a threat to the nation, or even if you’re a citizen. What will matter is what the government—or whoever happens to be calling the shots at the time—thinks. And if the powers-that-be think you’re a threat to the nation and should be locked up, then you’ll be locked up with no access to the protections our Constitution provides.

In effect, you will disappear.

Our freedoms are already being made to disappear.

We have seen this come to pass under past presidents with their use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements.

President Biden’s long list of executive orders, executive actions, proclamations and directives is just more of the same: rule by fiat.

Now the Biden Administration is setting its sights on gun control.

Mark my words: gun control legislation, especially in the form of red flag gun laws, which allow the police to remove guns from people “suspected” of being threats, will become yet another means by which to subvert the Constitution and sabotage the rights of the people.

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

Nineteen states and Washington DC have red flag laws on their books.

That number is growing.

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

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

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

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

With these red flag gun laws, the stated intention is to disarm individuals who are potential threats… to “stop dangerous people before they act.”

While in theory it appears perfectly reasonable to want to disarm individuals who are clearly suicidal and/or pose an “immediate danger” to themselves or others, where the problem arises is when you put the power to determine who is a potential danger in the hands of government agencies, the courts and the police.

We’ve been down this road before.

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

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

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

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

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

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

Let that sink in a moment.

Now consider the ramifications of giving police that kind of authority: to preemptively raid homes in order to neutralize a potential threat.

It’s a powder keg waiting for a lit match.

Under these red flag laws, what happened to Duncan Lemp—who was gunned down in his bedroom during an early morning, no-knock SWAT team raid on his family’s home—could very well happen to more people.

At 4:30 a.m. on March 12, 2020, in the midst of a COVID-19 pandemic that had most of the country under a partial lockdown and sheltering at home, a masked SWAT team—deployed to execute a “high risk” search warrant for unauthorized firearms—stormed the suburban house where 21-year-old Duncan, a software engineer and Second Amendment advocate, lived with his parents and 19-year-old brother.

The entire household, including Lemp and his girlfriend, was reportedly asleep when the SWAT team directed flash bang grenades and gunfire through Lemp’s bedroom window.

Lemp was killed and his girlfriend injured.

No one in the house that morning, including Lemp, had a criminal record.

No one in the house that morning, including Lemp, was considered an “imminent threat” to law enforcement or the public, at least not according to the search warrant.

So what was so urgent that militarized police felt compelled to employ battlefield tactics in the pre-dawn hours of a day when most people are asleep in bed, not to mention stuck at home as part of a nationwide lockdown?

According to police, they were tipped off that Lemp was in possession of “firearms.”

Thus, rather than approaching the house by the front door at a reasonable hour in order to investigate this complaint—which is what the Fourth Amendment requires—police instead strapped on their guns, loaded up their flash bang grenades and acted like battle-crazed warriors.

This is the blowback from all that military weaponry flowing to domestic police departments.

This is what happens when you use SWAT teams to carry out routine search warrants.

This is what happens when you adopt red flag gun laws, which Maryland did in 2018, painting anyone who might be in possession of a gun—legal or otherwise—as a threat that must be neutralized.

Therein lies the danger of these red flag laws, specifically, and pre-crime laws such as these generally where the burden of proof is reversed and you are guilty before you are given any chance to prove you are innocent.

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

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

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

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

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

You will be tracked wherever you go.

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

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

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

To that noxious mix, add in a proposal introduced under the Trump Administration and being considered by Biden for a new government agency HARPA (a healthcare counterpart to the Pentagon’s research and development arm DARPA) that will take the lead in identifying and targeting “signs” of mental illness or violent inclinations among the populace by using artificial intelligence to collect data from Apple Watches, Fitbits, Amazon Echo and Google Home.

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

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

Connect the dots.

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

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

Hopefully you’re starting to understand how easy we’ve made it for the government to identify, label, target, defuse and detain anyone it views as a potential threat for a variety of reasons that run the gamut from mental illness to having a military background to challenging its authority to just being on the government’s list of persona non grata. Finally, add in the local police agencies and SWAT teams that are being “gifted” military-grade weaponry and equipment designed for the battlefield and trained in the tactics of war.

It all adds up to a terrifying package of brute force coupled with invasive technology and totalitarian tactics.

This brings me back to those red flag gun laws.

In the short term, these gun confiscation laws may serve to temporarily delay or discourage those wishing to inflict violence on others, but it will not resolve whatever madness or hate or instability therein that causes someone to pull a trigger or launch a bomb or unleash violence on another.

Indeed, those same individuals sick enough to walk into an elementary school or a movie theater and open fire using a gun can and do wreak just as much havoc with homemade bombs made out of pressure cookers and a handful of knives.

Nor will these laws save us from government-instigated and directed violence at the hands of the militarized police state or the blowback from the war-drenched, violence-imbued, profit-driven military industrial complex, both of which remain largely overlooked and underestimated pieces of the discussion on gun violence in America.

As I make clear in my book Battlefield America: The War on the American People, in the long term, all these gun confiscation laws will do is ensure that when the police state finally cracks down, “we the people” are defenseless in the face of the government’s arsenal of weapons.

No matter how well-meaning the politicians make these encroachments on our rights appear, in the right (or wrong) hands, benevolent plans can easily be put to malevolent purposes. In this way, even the most well-intentioned government law or program can be—and has been—perverted, corrupted and used to advance illegitimate purposes once profit and power are added to the equation.

The war on terror, the war on drugs, the war on illegal immigration, asset forfeiture schemes, road safety schemes, school safety schemes, eminent domain: all of these programs started out as legitimate responses to pressing concerns and have since become weapons of compliance and control in the police state’s hands.

Red flag laws and gun control legislation are no less a threat to our freedoms.

Source: https://bit.ly/2OIpk0Q

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@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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The Greatest Threat to Our Freedoms: A Government of Scoundrels, Spies, Thieves, Ruffians, Rapists and Killers

Posted: August 15, 2016 in Uncategorized
Tags: 2016 presidential election, A Government of Wolves, civil liberties, Congress, Constitution, criminal behavior, criminalization, injustice, militarized police, police, police shootings, police state, prison, strip searches, SWAT team

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

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

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

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

This is how tyranny rises and freedom falls.

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

What we have is a government of wolves.

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

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

The facts speak for themselves.

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

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

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

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

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

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

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

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

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

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

Our backs are against the proverbial wall.

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

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

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

We have suffered.

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

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

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

The American Nightmare: The Tyranny of the Criminal Justice System

Posted: July 21, 2015 in Uncategorized
Tags: 12 Angry Men, Constitution, criminal justice, exonerated, justice, Mark Weiner, mass incarceration, nonviolent crimes, Obama, police misconduct, police state, private prisons, prosecutorial misconduct, SWAT team

How can the life of such a man

Be in the palm of some fool’s hand?

To see him obviously framed

Couldn’t help but make me feel ashamed to live in a land

Where justice is a game.—Bob Dylan, “Hurricane”

Justice in America is not all it’s cracked up to be.

Just ask Jeffrey Deskovic, who spent 16 years in prison for a rape and murder he did not commit. Despite the fact that Deskovic’s DNA did not match what was found at the murder scene, he was singled out by police as a suspect because he wept at the victim’s funeral (he was 16 years old at the time), then badgered over the course of two months into confessing his guilt. He was eventually paid $6.5 million in reparation.

James Bain spent 35 years in prison for the kidnapping and rape of a 9-year-old boy, but he too was innocent of the crime. Despite the fact that the prosecutor’s case was flimsy—it hinged on the similarity of Bain’s first name to the rapist’s, Bain’s ownership of a red motorcycle, and a misidentification of Bain in a lineup by a hysterical 9-year-old boy—Bain was sentenced to life in prison. He was finally freed after DNA testing proved his innocence, and was paid $1.7 million.

Mark Weiner got off relatively easy when you compare his experience to the thousands of individuals who are spending lifetimes behind bars for crimes they did not commit.

Weiner was wrongfully arrested, convicted, and jailed for more than two years for a crime he too did not commit. In his case, a young woman claimed Weiner had abducted her, knocked her out and then sent taunting text messages to her boyfriend about his plans to rape her. Despite the fact that cell phone signals, eyewitness accounts and expert testimony indicated the young woman had fabricated the entire incident, the prosecutor and judge repeatedly rejected any evidence contradicting the woman’s far-fetched account, sentencing Weiner to eight more years in jail. Weiner was only released after his accuser was caught selling cocaine to undercover cops.

In the meantime, Weiner lost his job, his home, and his savings, and time with his wife and young son. As Slate journalist Dahlia Lithwick warned, “If anyone suggests that the fact that Mark Weiner was released this week means ‘the system works,’ I fear that I will have to punch him in the neck. Because at every single turn, the system that should have worked to consider proof of Weiner’s innocence failed him.”

The system that should have worked didn’t, because the system is broken, almost beyond repair.

In courtroom thrillers like 12 Angry Men and To Kill a Mockingbird, justice is served in the end because someone—whether it’s Juror #8 or Atticus Finch—chooses to stand on principle and challenge wrongdoing, and truth wins.

Unfortunately, in the real world, justice is harder to come by, fairness is almost unheard of, and truth rarely wins.

On paper, you may be innocent until proven guilty, but in actuality, you’ve already been tried, found guilty and convicted by police officers, prosecutors and judges long before you ever appear in a courtroom.

Chronic injustice has turned the American dream into a nightmare.

At every step along the way, whether it’s encounters with the police, dealings with prosecutors, hearings in court before judges and juries, or jail terms in one of the nation’s many prisons, the system is riddled with corruption, abuse and an appalling disregard for the rights of the citizenry.

Due process rights afforded to a person accused of a crime—the right to remain silent, the right to be informed of the charges against you, the right to representation by counsel, the right to a fair trial, the right to a speedy trial, the right to prove your innocence with witnesses and evidence, the right to a reasonable bail, the right to not languish in jail before being tried, the right to confront your accusers, etc.—mean nothing when the government is allowed to sidestep those safeguards against abuse whenever convenient.

It’s telling that while President Obama said all the right things about the broken state of our criminal justice system—that we jail too many Americans for nonviolent crimes (we make up 5 percent of the world’s population, but our prison population constitutes nearly 25% of the world’s prisoners), that we spend more money on incarceration than any other nation ($80 billion a year), that we sentence people for longer jail terms than their crimes merit, that our criminal justice system is far from color-blind, that the nation’s school-to-prison pipeline is contributing to overcrowded jails, and that we need to focus on rehabilitation of criminals rather than retribution—he failed to own up to the government’s major role in contributing to this injustice in America.

Indeed, while Obama placed the responsibility for reform squarely in the hands of prosecutors, judges and police, he failed to acknowledge that they bear the burden of our failed justice system, along with the legislatures and corporations who have worked with them to create an environment that is hostile to the rights of the accused.

In such a climate, we are all the accused, the guilty and the suspect.

As I document in my book Battlefield America: The War on the American People, we’re operating in a new paradigm where the citizenry are presumed guilty and treated as suspects, our movements tracked, our communications monitored, our property seized and searched, our bodily integrity disregarded, and our inalienable rights to “life, liberty and the pursuit of happiness” rendered insignificant when measured against the government’s priorities.

Every American is now in jeopardy of being targeted and punished for a crime he did not commit thanks to an overabundance of arcane laws. Making matters worse, by allowing government agents to operate above the law, immune from wrongdoing, we have created a situation in which the law is one-sided and top-down, used as a hammer to oppress the populace, while useless in protecting us against government abuse.

Add to the mix a profit-driven system of incarceration in which state and federal governments agree to keep the jails full in exchange for having private corporations run the prisons, and you will find the only word to describe such a state of abject corruption is “evil.”

How else do you explain a system that allows police officers to shoot first and ask questions later, without any real consequences for their misdeeds? Despite the initial outcry over the shootings of unarmed individuals in Ferguson and Baltimore, the pace of police shootings has yet to slow. In fact, close to 400 people were shot and killed by police nationwide in the first half of 2015, almost two shootings a day. Those are just the shootings that were tracked. Of those killed, almost 1 in 6 were either unarmed or carried a toy gun.

For those who survive an encounter with the police only to end up on the inside of a jail cell, waiting for a “fair and speedy trial,” it’s often a long wait. Consider that 60 percent of the people in the nation’s jails have yet to be convicted of a crime. There are 2.3 million people in jails or prisons in America. Those who can’t afford bail, “some of them innocent, most of them nonviolent and a vast majority of them impoverished,” will spend about four months in jail before they even get a trial.

Not even that promised “day in court” is a guarantee that justice will be served.

As Judge Alex Kozinski of the Ninth Circuit Court of Appeals points out, there are an endless number of factors that can render an innocent man or woman a criminal and caged for life: unreliable eyewitnesses, fallible forensic evidence, flawed memories, coerced confessions, harsh interrogation tactics, uninformed jurors, prosecutorial misconduct, falsified evidence, and overly harsh sentences, to name just a few.

In early 2015, the Justice Department and FBI “formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period…. The admissions mark a watershed in one of the country’s largest forensic scandals, highlighting the failure of the nation’s courts for decades to keep bogus scientific information from juries, legal analysts said.”

“How do rogue forensic scientists and other bad cops thrive in our criminal justice system?” asks Judge Kozinski. “The simple answer is that some prosecutors turn a blind eye to such misconduct because they’re more interested in gaining a conviction than achieving a just result.”

The power of prosecutors is not to be underestimated.

Increasingly, when we talk about innocent people being jailed for crimes they did not commit, the prosecutor plays a critical role in bringing about that injustice. As The Washington Post reports, “Prosecutors win 95 percent of their cases, 90 percent of them without ever having to go to trial…. Are American prosecutors that much better? No… it is because of the plea bargain, a system of bullying and intimidation by government lawyers for which they ‘would be disbarred in most other serious countries….’”

This phenomenon of innocent people pleading guilty makes a mockery of everything the criminal justice system is supposed to stand for: fairness, equality and justice. As Judge Jed S. Rakoff concludes, “our criminal justice system is almost exclusively a system of plea bargaining, negotiated behind closed doors and with no judicial oversight. The outcome is very largely determined by the prosecutor alone.”

It’s estimated that between 2 and 8 percent of convicted felons who have agreed to a prosecutor’s plea bargain (remember, there are 2.3 million prisoners in America) are in prison for crimes they did not commit.

Clearly, the Coalition for Public Safety was right when it concluded, “You don’t need to be a criminal to have your life destroyed by the U.S. criminal justice system.”

It wasn’t always this way. As Judge Rakoff recounts, the Founding Fathers envisioned a criminal justice system in which the critical element “was the jury trial, which served not only as a truth-seeking mechanism and a means of achieving fairness, but also as a shield against tyranny.”

That shield against tyranny has long since been shattered, leaving Americans vulnerable to the cruelties, vanities, errors, ambitions and greed of the government and its partners in crime.

There is not enough money in the world to make reparation to those whose lives have been disrupted by wrongful convictions.

Over the past quarter century, more than 1500 Americans have been released from prison after being cleared of crimes they did not commit. These are the fortunate ones. For every exonerated convict who is able to prove his innocence after 10, 20 or 30 years behind bars, Judge Kozinski estimates there may be dozens who are innocent but cannot prove it, lacking access to lawyers, evidence, money and avenues of appeal.

For those who have yet to fully experience the injustice of the American system of justice, it’s only a matter of time.

America no longer operates under a system of justice characterized by due process, an assumption of innocence, probable cause, and clear prohibitions on government overreach and police abuse. Instead, our courts of justice have been transformed into courts of order, advocating for the government’s interests, rather than championing the rights of the citizenry, as enshrined in the Constitution.

Without courts willing to uphold the Constitution’s provisions when government officials disregard them, and a citizenry knowledgeable enough to be outraged when those provisions are undermined, the Constitution provides little protection against the police state.

In other words, in this age of hollow justice, courts of order, and government-sanctioned tyranny, the Constitution is no safeguard against government wrongdoing such as SWAT team raids, domestic surveillance, police shootings of unarmed citizens, indefinite detentions, asset forfeitures, prosecutorial misconduct and the like.

Freedom or the Slaughterhouse? The American Police State from A to Z

Posted: July 15, 2015 in Uncategorized
Tags: civil asset forfeiture, drones, facial recognition, fusion centers, grenade launchers, hollow point bullets, internet of things, license plate readers, main core, militarization, MRAPs, no-knock raids, overcriminalization, police state, private prisons, qualified immunity, strip search, surveillance, SWAT team, tasers, VIPR task force, whole body scanners, x-keyscore, zero tolerance

“Who needs direct repression when one can convince the chicken to walk freely into the slaughterhouse?”—Philosopher Slavoj Žižek

Despite the best efforts of some to sound the alarm, the nation is being locked down into a militarized, mechanized, hypersensitive, legalistic, self-righteous, goose-stepping antithesis of every principle upon which this nation was founded.

All the while, the nation’s citizens seem content to buy into a carefully constructed, benevolent vision of life in America that bears little resemblance to the gritty, pain-etched reality that plagues those unfortunate enough to not belong to the rarefied elite.

For those whose minds have been short-circuited into believing the candy-coated propaganda peddled by the politicians, here is an A-to-Z, back-to-the-basics primer of what life in the United States of America is really all about.

A is for the AMERICAN POLICE STATE. As I point out in my book Battlefield America: The War on the American People, a police state “is characterized by bureaucracy, secrecy, perpetual wars, a nation of suspects, militarization, surveillance, widespread police presence, and a citizenry with little recourse against police actions.”

B is for our battered BILL OF RIGHTS. In the cop culture that is America today, where you can be kicked, punched, tasered, shot, intimidated, harassed, stripped, searched, brutalized, terrorized, wrongfully arrested, and even killed by a police officer, and that officer is rarely held accountable for violating your rights, the Bill of Rights doesn’t amount to much.

C is for CIVIL ASSET FORFEITURE. The latest governmental scheme to deprive Americans of their liberties—namely, the right to property—is being carried out under the guise of civil asset forfeiture, a government practice wherein government agents (usually the police) seize private property they “suspect” may be connected to criminal activity. Then, whether or not any crime is actually proven to have taken place, the government keeps the citizen’s property.

D is for DRONES. It is estimated that at least 30,000 drones will be airborne in American airspace by 2020, part of an $80 billion industry. Although some drones will be used for benevolent purposes, many will also be equipped with lasers, tasers and scanning devices, among other weapons.

E is for ELECTRONIC CONCENTRATION CAMP. In the electronic concentration camp, as I have dubbed the surveillance state, all aspects of a person’s life are policed by government agents and all citizens are suspects, their activities monitored and regulated, their movements tracked, their communications spied upon, and their lives, liberties and pursuit of happiness dependent on the government’s say-so.

F is for FUSION CENTERS. Fusion centers, data collecting agencies spread throughout the country and aided by the National Security Agency, serve as a clearinghouse for information shared between state, local and federal agencies. These fusion centers constantly monitor our communications, everything from our internet activity and web searches to text messages, phone calls and emails. This data is then fed to government agencies, which are now interconnected: the CIA to the FBI, the FBI to local police.

G is for GRENADE LAUNCHERS. The federal government has distributed more than $18 billion worth of battlefield-appropriate military weapons, vehicles and equipment such as drones, tanks, and grenade launchers to domestic police departments across the country. As a result, most small-town police forces now have enough firepower to render any citizen resistance futile.

H is for HOLLOW-POINT BULLETS. The government’s efforts to militarize and weaponize its agencies and employees is reaching epic proportions, with federal agencies as varied as the Department of Homeland Security and the Social Security Administration stockpiling millions of lethal hollow-point bullets, which violate international law. Ironically, while the government continues to push for stricter gun laws for the general populace, the U.S. military’s arsenal of weapons makes the average American’s handgun look like a Tinker Toy.

I is for the INTERNET OF THINGS, in which internet-connected “things” will monitor your home, your health and your habits in order to keep your pantry stocked, your utilities regulated and your life under control and relatively worry-free. The key word here, however, is control. This “connected” industry propels us closer to a future where police agencies apprehend virtually anyone if the government “thinks” they may commit a crime, driverless cars populate the highways, and a person’s biometrics are constantly scanned and used to track their movements, target them for advertising, and keep them under perpetual surveillance.

J is for JAILING FOR PROFIT. Having outsourced their inmate population to private prisons run by private corporations, this profit-driven form of mass punishment has given rise to a $70 billion private prison industry that relies on the complicity of state governments to keep their privately run prisons full by jailing large numbers of Americans for inane crimes.

K is for KENTUCKY V. KING. In an 8-1 ruling, the Supreme Court ruled that police officers can break into homes, without a warrant, even if it’s the wrong home as long as they think they have a reason to do so. Despite the fact that the police in question ended up pursuing the wrong suspect, invaded the wrong apartment and violated just about every tenet that stands between us and a police state, the Court sanctioned the warrantless raid, leaving Americans with little real protection in the face of all manner of abuses by law enforcement officials.

L is for LICENSE PLATE READERS, which enable law enforcement and private agencies to track the whereabouts of vehicles, and their occupants, all across the country. This data collected on tens of thousands of innocent people is also being shared between police agencies, as well as with fusion centers and private companies.

M is for MAIN CORE. Since the 1980s, the U.S. government has acquired and maintained, without warrant or court order, a database of names and information on Americans considered to be threats to the nation. 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. As of 2008, there were some 8 million Americans in the Main Core database.

N is for NO-KNOCK RAIDS. Owing to the militarization of the nation’s police forces, SWAT teams are now increasingly being deployed for routine police matters. In fact, more than 80,000 of these paramilitary raids are carried out every year. That translates to more than 200 SWAT team raids every day in which police crash through doors, damage private property, terrorize adults and children alike, kill family pets, assault or shoot anyone that is perceived as threatening—and all in the pursuit of someone merely suspected of a crime, usually some small amount of drugs.

O is for OVERCRIMINALIZATION. Thanks to an overabundance of 4500-plus federal crimes and 400,000 plus rules and regulations, it’s estimated that the average American actually commits three felonies a day without knowing it. As a result of this overcriminalization, we’re seeing an uptick in Americans being arrested and jailed for such absurd “violations” as letting their kids play at a park unsupervised, collecting rainwater and snow runoff on their own property, growing vegetables in their yard, and holding Bible studies in their living room.

P is for PATHOCRACY. When our own government treats us as things to be manipulated, maneuvered, mined for data, manhandled by police, mistreated, and then jailed in profit-driven private prisons if we dare step out of line, we are no longer operating under a constitutional republic. Instead, what we are experiencing is a pathocracy: tyranny at the hands of a psychopathic government, which “operates against the interests of its own people except for favoring certain groups.”

Q is for QUALIFIED IMMUNITY. Qualified immunity allows officers to walk away without paying a dime for their wrongdoing. Conveniently, those deciding whether a police officer should be immune from having to personally pay for misbehavior on the job all belong to the same system, all cronies with a vested interest in protecting the police and their infamous code of silence: city and county attorneys, police commissioners, city councils and judges.

R is for ROADSIDE STRIP SEARCHES and BLOOD DRAWS. The courts have increasingly erred on the side of giving government officials—especially the police—vast discretion in carrying out strip searches, blood draws and even anal probes for a broad range of violations, no matter how minor the offense. In the past, strip searches were resorted to only in exceptional circumstances where police were confident that a serious crime was in progress. In recent years, however, strip searches have become routine operating procedures in which everyone is rendered a suspect and, as such, is subjected to treatment once reserved for only the most serious of criminals.

S is for the SURVEILLANCE STATE. On any given day, the average American going about his daily business will be monitored, surveilled, spied on and tracked in more than 20 different ways, by both government and corporate eyes and ears. A byproduct of this new age in which we live, whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency, whether the NSA or some other entity, is listening in and tracking your behavior. This doesn’t even begin to touch on the corporate trackers that monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere.

T is for TASERS. Nonlethal weapons such as tasers, stun guns, rubber pellets and the like, have resulted in police using them as weapons of compliance more often and with less restraint—even against women and children—and in some instances, even causing death. These “nonlethal” weapons also enable police to aggress with the push of a button, making the potential for overblown confrontations over minor incidents that much more likely. A Taser Shockwave, for instance, can electrocute a crowd of people at the touch of a button.

U is for UNARMED CITIZENS SHOT BY POLICE. No longer is it unusual to hear about incidents in which police shoot unarmed individuals first and ask questions later, often attributed to a fear for their safety. Yet the fatality rate of on-duty patrol officers is reportedly far lower than many other professions, including construction, logging, fishing, truck driving, and even trash collection.

V is for VIPR SQUADS. So-called “soft target” security inspections, carried out by roving VIPR task forces, comprised of federal air marshals, surface transportation security inspectors, transportation security officers, behavior detection officers and explosive detection canine teams, are taking place whenever and wherever the government deems appropriate, at random times and places, and without needing the justification of a particular threat.

W is for WHOLE-BODY SCANNERS. Using either x-ray radiation or radio waves, scanning devices are being used not only to “see” through your clothes but government mobile units can drive by your home and spy on you within the privacy of your home. While these mobile scanners are being sold to the American public as necessary security and safety measures, we can ill afford to forget that such systems are rife with the potential for abuse, not only by government bureaucrats but by the technicians employed to operate them.

X is for X-KEYSCORE. One of the many spying programs carried out by the National Security Agency (NSA) that targets every person in the United States who uses a computer or phone. This top-secret program “allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals.”

Y is for YOU-NESS. Using your face, mannerisms, social media and “you-ness” against you, you can now be tracked based on what you buy, where you go, what you do in public, and how you do what you do. Facial recognition software promises to create a society in which every individual who steps out into public is tracked and recorded as they go about their daily business. The goal is for government agents to be able to scan a crowd of people and instantaneously identify all of the individuals present. Facial recognition programs are being rolled out in states all across the country.

Z is for ZERO TOLERANCE. We have moved into a new paradigm in which young people are increasingly viewed as suspects and treated as criminals by school officials and law enforcement alike, often for engaging in little more than childish behavior. In some jurisdictions, students have also been penalized under school zero tolerance policies for such inane “crimes” as carrying cough drops, wearing black lipstick, bringing nail clippers to school, using Listerine or Scope, and carrying fold-out combs that resemble switchblades.

As you can see, the warning signs are all around us. The question is whether you will organize, take a stand and fight for freedom, or will you, like so many clueless Americans, freely walk into the slaughterhouse?

Rutherford Institute to Defend Oregon Resident Who Was Jailed, Charged with Resisting Arrest for Filming SWAT Team Raid, & Faces a $5000 Fine

Posted: November 12, 2014 in Uncategorized
Tags: first amendment, Oregon, peace keepers, photography is not a crime, police, police state, SWAT team

GRESHAM, Oregon — The Rutherford Institute has come to the defense of 27-year-old Fred Marlow, an Oregon resident who was arrested, jailed and charged with interfering and resisting arrest after he filmed a SWAT team raid that took place across the street from his apartment in Gresham, Oregon, and uploaded the footage to the internet. The footage shows police officers threatening Marlow, who was awoken by the sounds of “multiple bombs blasting and glass breaking” and ran outside to investigate only to be threatened with arrest if he didn’t follow orders and return inside.

Footage of the incident can be viewed at http://youtu.be/j-YwXgvtahM.

“Clearly, when police officers cease to look and act like civil servants or peace officers but instead look and act like soldiers occupying a hostile territory, it alters their perception of ‘we the people.’ However, those who founded this country believed that we were the masters and that those whose salaries we pay with our hard-earned tax dollars are our servants,” said John W. Whitehead, president of The Rutherford Institute and author of A Government of Wolves: The Emerging American Police State. “If daring to question, challenge or even hesitate when a cop issues an order can get you charged with resisting arrest or disorderly conduct, you’re not the master in a master-servant relationship. In fact, you’re not even the servant—you’re the slave.”

According to Fred Marlow, he was awakened around 4 am on September 2, 2014, by the sounds of “multiple bombs blasting and glass breaking and my entire apartment shook repeatedly. I grabbed my iPad and ran outside as fast as I could to see what was going on. There were 5 or more Tank/military Trucks just cruising through my neighborhood.” Using his iPad, Marlow filmed a SWAT team raid of a neighbor’s home taking place across the street from his apartment, including police officers dressed in army green camouflage and standing beside an armored vehicle.

Warned by police to return inside or face arrest for interference, Marlow continued to film the exchange. “Go inside right now. You are interfering right now. You need to go inside right now. It’s a lawful order,” one police officer says. “You are going to go inside right now.” Insisting that it was not past curfew, he had no weapons, and he was on his own property, Marlow continued to assert his right to observe the goings on. After another office ordered all residents to stay inside while police serve their search warrant on the targeted home, Marlow informed the police that he was uploading the filmed footage to the internet, at which point he was arrested and charged with interference and resisting arrest and could face a fine of $5000.

In coming to Marlow’s assistance, The Rutherford Institute has arranged for attorneys to assist the Oregon resident in resolving the criminal charges against him.

Resistance is Futile: The Violent Cost of Challenging the American Police State

Posted: September 9, 2014 in Uncategorized
Tags: brandon raub, Chaumtoli Huq, chokehold, civil liberties, Constitution, criminal behavior, criminalization, Eric Garner, fourth amendment, Fred Marlow, free speech, injustice, Kimani Gray, lock downs, militarized police, military empire, oscar grant, overcriminalization, police, police state, resisting arrest, SWAT team

“Police are specialists in violence. They are armed, trained, and authorized to use force. With varying degrees of subtlety, this colors their every action. Like the possibility of arrest, the threat of violence is implicit in every police encounter. Violence, as well as the law, is what they represent.”—Kristian Williams, activist and author

If you don’t want to get probed, poked, pinched, tasered, tackled, searched, seized, stripped, manhandled, arrested, shot, or killed, don’t say, do or even suggest anything that even hints of noncompliance. This is the new “thin blue line” over which you must not cross in interactions with police if you want to walk away with your life and freedoms intact.

“Stand on Guard” – via Jason Hargrove / Flickr

The following incidents and many more like them serve as chilling reminders that in the American police state, “we the people” are at the mercy of law enforcement officers who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect.”

For example, police arrested Chaumtoli Huq because she failed to promptly comply when ordered to “move along” while waiting outside a Ruby Tuesday’s restaurant for her children, who were inside with their father, using the bathroom. NYPD officers grabbed Huq, a lawyer with the New York City Public Advocate’s office, flipped her around, pressed her against a wall, handcuffed her, searched her purse, arrested her, and told her to “shut up” when she cried out for help, before detaining her for nine hours. Huq was charged with obstructing governmental administration, resisting arrest and disorderly conduct.

Oregon resident Fred Marlow was jailed and charged with interfering and resisting arrest after he filmed a SWAT team raid that took place across the street from his apartment and uploaded the footage to the internet. The footage shows police officers threatening Marlow, who was awoken by the sounds of “multiple bombs blasting and glass breaking” and ran outside to investigate only to be threatened with arrest if he didn’t follow orders and return inside.

Eric Garner, 43 years old, asthmatic and unarmed, died after being put in a chokehold by NYPD police, allegedly for resisting arrest over his selling untaxed, loose cigarettes, although video footage of the incident shows little resistance on Garner’s part. Indeed, the man was screaming, begging and insisting he couldn’t breathe. And what was New York Mayor Bill De Blasio’s advice to citizens in order to avoid a similar fate? Don’t resist arrest. (Mind you, the NYPD arrests more than 13,000 people every year on charges of resisting arrest, although only a small fraction of those charged ever get prosecuted.)

Then there was Marine Brandon Raub, who was questioned at his home by a swarm of DHS, FBI, Secret Service agents and local police, tackled to the ground, handcuffed, and forcibly transported to a police station. Raub was then detained against his will in a psychiatric ward, without being provided any explanation, having any charges levied against him or being read his rights—all allegedly because of controversial song lyrics and political views posted on his Facebook page.

Incredibly, police insisted that Raub was not in fact under arrest. Of course, Raub was under arrest. When your hands are handcuffed behind you, when armed policemen are tackling you to the ground and transporting you across town in the back of a police car, and then forcibly detaining you against your will, you’re not free to walk away.

If you do attempt to walk away, be warned that the consequences will likely be even worse, as Tremaine McMillian learned the hard way. Miami-Dade police slammed the 14-year-old boy to the ground, putting him in a chokehold and handcuffing him after he allegedly gave them “dehumanizing stares” and walked away from them, which the officers found unacceptable. According to Miami-Dade Police Detective Alvaro Zabaleta, “His body language was that he was stiffening up and pulling away… When you have somebody resistant to them and pulling away and somebody clenching their fists and flailing their arms, that’s a threat. Of course we have to neutralize the threat.”

As I point out in my book A Government of Wolves: The Emerging American Police State, this mindset that any challenge to police authority is a threat that needs to be “neutralized” is a dangerous one that is part of a greater nationwide trend that sets the police beyond the reach of the Fourth Amendment. Moreover, when police officers are allowed to operate under the assumption that their word is law and that there is no room for any form of disagreement or even question, that serves to chill the First Amendment’s assurances of free speech, free assembly and the right to petition the government for a redress of grievances.

Frankly, it doesn’t matter whether it’s a casual “show your ID” request on a boardwalk, a stop-and-frisk search on a city street, or a traffic stop for speeding or just to check your insurance: if you feel like you can’t walk away from a police encounter of your own volition—and more often than not you can’t, especially when you’re being confronted by someone armed to the hilt with all manner of militarized weaponry and gear—then for all intents and purposes, you’re under arrest from the moment a cop stops you.

That raises the question, what exactly constitutes resisting an arrest? What about those other trumped up “contempt of cop” charges such as interference, disorderly conduct, obstruction, and failure to obey a police order that get trotted out anytime a citizen engages in behavior the police perceive as disrespectful or “insufficiently deferential to their authority”? Do Americans really have any recourse at all when it comes to obeying an order from a police officer, even if it’s just to ask a question or assert one’s rights, or should we just “surrender quietly”?

The short answer is that anything short of compliance will get you arrested and jailed. The long answer is a little more complicated, convoluted and full of legal jargon and dissonance among the courts, but the conclusion is still the same: anything short of compliance is being perceived as “threatening” behavior or resistance to be met by police with extreme force resulting in injury, arrest or death for the resistor.

The key word, of course, is comply meaning to obey, submit or conform. This is what author Kristian Williams describes as the dual myths of heroism and danger: “The overblown image of police heroism, and the ‘obsession’ with officer safety, do not only serve to justify police violence after the fact; by providing such justification, they legitimize violence, and thus make it more likely.”

How else can we explain why police shot a schizophrenic 30-year-old man holding a pellet gun over 80 times before his corpse was handcuffed? Mind you, witnesses reportedly informed the police that it was not a real gun, but the officers nonetheless opened fire about five minutes after arriving on the scene.

John Crawford was shot by police in an Ohio Wal-Mart for holding an air rifle sold in the store that he may have intended to buy. Oscar Grant, age 23, unarmed and lying face-down on the ground, was shot in the back by a transit officer in Oakland, Calif., who mistakenly used a gun instead of a taser to further restrain him. Ordered to show his hands after “anti-crime” police officers noticed him adjusting “his waistband in a manner the officers deemed suspicious,” 16-year old Kimani Grey was fired at 11 times, and shot seven times, including three times in the back. Reportedly, the teenager was unarmed and unthreatening.

Even dogs aren’t spared if they are perceived as “threatening.” Family dogs are routinely shot and killed during SWAT team raids, even if the SWAT team is at the wrong address or the dog is in the next yard over. One six-year-old girl witnessed her dog Apollo shot dead by an Illinois police officer.

Clearly, when police officers cease to look and act like civil servants or peace officers but instead look and act like soldiers occupying a hostile territory, it alters their perception of “we the people.” Those who founded this country believed that we were the masters and that those whose salaries we pay with our hard-earned tax dollars are our servants.

If daring to question, challenge or even hesitate when a cop issues an order can get you charged with resisting arrest or disorderly conduct, you’re not the master in a master-servant relationship. In fact, you’re not even the servant—you’re the slave.

This is not freedom. This is not even a life.

This is a battlefield, a war zone—if you will—governed by martial law and disguised as a democracy. No matter how many ways you fancy it up with shopping malls, populist elections, and Monday night football, the fact remains that “we the people” are little more than prisoners in the American police state, and the police are our jailers and wardens.

The Absurd, Bureaucratic Hell That Is the American Police State

Posted: July 28, 2014 in Uncategorized
Tags: Adolf Hitler, bureaucracy, civil liberties, civil rights, Congress, Constitution, debra harrell, injustice, militarized police, military empire, no knock raid, overcriminalization, police, police state, sexting, surveillance, SWAT team

“The greatest evil is not now done in those sordid ‘dens of crime’ that Dickens loved to paint. It is not done even in concentration camps and labour camps. In those we see its final result. But it is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voices. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the office of a thoroughly nasty business concern.”—C.S. Lewis, The Screwtape Letters

Whether it’s the working mother arrested for letting her 9-year-old play unsupervised at a playground, the teenager forced to have his genitals photographed by police, the underage burglar sentenced to 23 years for shooting a retired police dog, or the 43-year-old man who died of a heart attack after being put in a chokehold by NYPD officers allegedly over the sale of untaxed cigarettes, the theater of the absurd that passes for life in the American police state grows more tragic and incomprehensible by the day.

Debra Harrell, a 46-year-old South Carolina working mother, was arrested, charged with abandonment and had her child placed in state custody after allowing the 9-year-old to spend unsupervised time at a neighborhood playground while the mom worked a shift at McDonald’s. Mind you, the child asked to play outside, was given a cell phone in case she needed to reach someone, and the park—a stone’s throw from the mom’s place of work—was overrun with kids enjoying its swings, splash pad, and shade.

A Connecticut mother was charged with leaving her 11-year-old daughter in the car unsupervised while she ran inside a store—despite the fact that the child asked to stay in the car and was not overheated or in distress. A few states away, a New Jersey man was arrested and charged with endangering the welfare of his children after leaving them in a car parked in a police station parking lot, windows rolled down, while he ran inside to pay a ticket.

A Virginia teenager was charged with violating the state’s sexting law after exchanging sexually provocative videos with his girlfriend. Instead of insisting that the matter be dealt with as a matter of parental concern, police charged the boy with manufacturing and distributing child pornography and issued a search warrant to “medically induce an erection” in the 17-year-old boy in order to photograph his erect penis and compare it to the images sent in the sexting exchange. The police had already taken an initial photograph of the boy’s penis against his will, upon his arrest.

In Georgia, a toddler had his face severely burned when a flash bang grenade, launched by a SWAT team during the course of a no-knock warrant, landed in his portable crib, detonating on his pillow. Also in Georgia, a police officer shot and killed a 17-year-old boy who answered the door, reportedly with a Nintendo Wii controller in his hands. The cop claimed the teenager pointed a gun at her, thereby justifying the use of deadly force. Then there was the incident wherein a police officer, responding to a complaint that some children were “chopping off tree limbs” creating “tripping hazards,” pulled a gun on a group of 11-year-old boys who were playing in a wooded area, attempting to build a tree fort.

While the growing phenomenon of cops shooting family pets only adds to the insanity (it is estimated that a family pet is killed by law enforcement every 98 minutes in America), it’s worse for those who dare to shoot a police dog. Ivins Rosier was 16 when he broke into the home of a Florida highway patrol officer and shot (although he didn’t kill) the man’s retired police dog. For his crime, the teenager was sentenced to 23 years in prison, all the while police officers who shoot family pets are rarely reprimanded.

Meanwhile if you’re one of those hoping to live off the grid, independent of city resources, you might want to think again. Florida resident Robin Speronis was threatened with eviction for living without utilities. Speronis was accused of violating the International Property Maintenance Code by relying on rain water instead of the city water system and solar panels instead of the electric grid.

Now we can shrug these incidents off as isolated injustices happening to “other” people. We can rationalize them away by suggesting that these people “must” have done something to warrant such treatment. Or we can acknowledge that this slide into totalitarianism—helped along by overcriminalization, government surveillance, militarized police, neighbors turning in neighbors, privatized prisons, and forced labor camps, to name just a few similarities—is tracking very closely with what we saw happening in Germany in the years leading up to Hitler’s rise to power.

When all is said and done, what these incidents reflect is a society that has become so bureaucratic, so legalistic, so politically correct, so militaristic, so locked down, so self righteous, and so willing to march in lockstep with the corporate-minded police state that any deviations from the norm—especially those that offend the sensibilities of the “government-knows-best” nanny state or challenge the powers that be—become grist for prosecution, persecution and endless tribulations for the poor souls who are caught in the crosshairs.

Then there are the incidents, less colorful perhaps but no less offensive to the sensibilities of any freedom-loving individual, which should arouse outrage among the populace but often slip under the radar of a sleeping nation.

For instance, not only is the NSA spying on and collecting the content of your communications, but it’s also going to extreme lengths to label as “extremists” anyone who attempts to protect their emails from the government’s prying eyes. Adding insult to injury, those same government employees and contractors spying on Americans’ private electronic communications are also ogling their private photos. Recent revelations indicate that NSA employees routinely pass around intercepted nude photos, considered a “fringe benefit” of surveillance positions.

A trove of leaked documents reveals the government’s unmitigated gall in labeling Americans as terrorists for little more than being suspected of committing “any act that is ‘dangerous’ to property and intended to influence government policy through intimidation.” As The Intercept reports: “This combination—a broad definition of what constitutes terrorism and a low threshold for designating someone a terrorist—opens the way to ensnaring innocent people in secret government dragnets.” All the while, the TSA, despite the billions of dollars we spend on the agency annually and the liberties to which its agents subject travelers, has yet to catch a single terrorist.

No less disconcerting are the rash of incidents in which undercover government agents encourage individuals to commit crimes they might not have engaged in otherwise. This “make work” entrapment scheme runs the gamut from terrorism to drugs. In fact, a recent report released by Human Rights Watch reveals that “nearly all of the highest-profile domestic terrorism plots in the United States since 9/11 featured the ‘direct involvement’ of government agents or informants.”

Most outrageous of all are the asset forfeiture laws that empower law enforcement to rake in huge sums of money by confiscating cash, cars, and even homes based on little more than a suspicion of wrongdoing. In this way, Americans who haven’t been charged with a crime, let alone convicted of wrongdoing, are literally being subjected to highway robbery by government agents offering profit-driven, cash-for-freedom deals.

So who or what is to blame for this bureaucratic nightmare delivered by way of the police state? Is it the White House? Is it Congress? Is it the Department of Homeland Security, with its mobster mindset? Is it some shadowy, power-hungry entity operating off a nefarious plan?

Or is it, as Holocaust survivor Hannah Arendt suggests, the sheepish masses who mindlessly march in lockstep with the government’s dictates—expressing no outrage, demanding no reform, and issuing no challenge to the status quo—who are to blame for the prison walls being erected around us? The author of The Origins of Totalitarianism, Arendt warned that “the greatest evil perpetrated is the evil committed by nobodies, that is, by human beings who refuse to be persons.”

This is where democracy falls to ruin, and bureaucracy and tyranny prevail.

As I make clear in my book A Government of Wolves: The Emerging American Police State, we have only ourselves to blame for this bureaucratic hell that has grown up around us. Too many of us willingly, knowingly and deliberately comprise what Arendt refers to as “cogs in the mass-murder machine.”

These cogs are none other than those of us who have turned a blind eye to the government corruption, or shrugged dismissively at the ongoing injustices, or tuned out the mayhem in favor of entertainment distractions. Just as guilty are those who have traded in their freedoms for a phantom promise of security, not to mention those who feed the machine unquestioningly with their tax dollars and partisan politics.

And then there are those who work for the government, federal, state, local or contractor. These government employees—the soldiers, the cops, the technicians, the social workers, etc.—are neither evil nor sadistic. They’re simply minions being paid to do a job, whether that job is to arrest you, spy on you, investigate you, crash through your door, etc. However, we would do well to remember that those who worked at the concentration camps and ferried the victims to the gas chambers were also just “doing their jobs.”

Then again, if we must blame anyone, blame the faceless, nameless, bureaucratic government machine—which having been erected and set into motion is nearly impossible to shut down—for the relentless erosion of our freedoms through a million laws, statutes, and prohibitions.

If there is any glimmer of hope to be found, it will be at the local level, but we cannot wait for things to get completely out of control. If you wait to act until the SWAT team is crashing through your door, until your name is placed on a terror watch list, until you are reported for such outlawed activities as collecting rainwater or letting your children play outside unsupervised, then it will be too late.

Obedience is the precondition to totalitarianism, and the precondition to obedience is fear. Regimes of the past and present understand this. “The very first essential for success,” Hitler wrote in Mein Kampf, “is a perpetually constant and regular employment of violence.” Is this not what we are seeing now with the SWAT teams and the security checkpoints and the endless wars?

This much I know: we are not faceless numbers. We are not cogs in the machine. We are not slaves. We are people, and free people at that. As the Founders understood, our freedoms do not flow from the government. They were not given to us, to be taken away at the will of the State; they are inherently ours. In the same way, the government’s appointed purpose is not to threaten or undermine our freedoms, but to safeguard them.

Until we can get back to this way of thinking, until we can remind Americans what it really means to be a free American, and learn to stand our ground in the face of threats to those freedoms, and encourage our fellow citizens to stop being cogs in the machine, we will continue as slaves in thrall to the bureaucratic police state.

Has the Dept. of Homeland Security Become America’s Standing Army?

Posted: June 16, 2014 in Uncategorized
Tags: Department of Homeland Security, detention camp, drones, fusion centers, militarized police, surveillance, SWAT team, terrorism, vipr teams

“A standing military force, with an overgrown Executive will not long be safe companions to liberty.”–James Madison

“Here [in New Mexico], we are moving more toward a national police force. Homeland Security is involved with a lot of little things around town. Somebody in Washington needs to call a timeout.”–Dan Klein, retired Albuquerque Police Department sergeant

If the United States is a police state, then the Department of Homeland Security (DHS) is its national police force, with all the brutality, ineptitude and corruption such a role implies. In fact, although the DHS’ governmental bureaucracy may at times appear to be inept and bungling, it is ruthlessly efficient when it comes to building what the Founders feared most–a standing army on American soil.

The third largest federal agency behind the Departments of Veterans Affairs and Defense, the DHS–with its 240,000 full-time workers, $61 billion budget and sub-agencies that include the Coast Guard, Customs and Border Protection, Secret Service, Transportation Security Administration (TSA) and the Federal Emergency Management Agency (FEMA)–has been aptly dubbed a “runaway train.”

In the 12 years since it was established to “prevent terrorist attacks within the United States,” the DHS has grown from a post-9/11 knee-jerk reaction to a leviathan with tentacles in every aspect of American life. With good reason, a bipartisan bill to provide greater oversight and accountability into the DHS’ purchasing process has been making its way through Congress.

A better plan would be to abolish the DHS altogether. In making the case for shutting down the de facto national police agency, analyst Charles Kenny offers the following six reasons: one, the agency lacks leadership; two, terrorism is far less of a threat than it is made out to be; three, the FBI has actually stopped more alleged terrorist attacks than DHS; four, the agency wastes exorbitant amounts of money with little to show for it; five, “An overweight DHS gets a free pass to infringe civil liberties without a shred of economic justification”; and six, the agency is just plain bloated.

To Kenny’s list, I will add the following: The menace of a national police force, a.k.a. a standing army, vested with so much power cannot be overstated, nor can its danger be ignored. Indeed, as the following list shows, just about every nefarious deed, tactic or thuggish policy advanced by the government today can be traced back to the DHS, its police state mindset, and the billions of dollars it distributes to police agencies in the form of grants.

Militarizing police and SWAT teams. The DHS routinely hands out six-figure grants to enable local municipalities to purchase military-style vehicles, as well as a veritable war chest of weaponry, ranging from tactical vests, bomb-disarming robots, assault weapons and combat uniforms. This rise in military equipment purchases funded by the DHS has, according to analysts Andrew Becker and G.W. Schulz, “paralleled an apparent increase in local SWAT teams.” The end result? An explosive growth in the use of SWAT teams for otherwise routine police matters, an increased tendency on the part of police to shoot first and ask questions later, and an overall mindset within police forces that they are at war–and the citizenry are the enemy combatants.

Spying on activists, dissidents and veterans. In 2009, DHS released three infamous reports on Rightwing and Leftwing “Extremism,” and another entitled Operation Vigilant Eagle, outlining a surveillance program targeting veterans. The reports collectively and broadly define extremists as individuals and groups “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely.” In 2013, it was revealed that DHS, the FBI, state and local law enforcement agencies, and the private sector were working together to conduct nationwide surveillance on protesters’ First Amendment activities.

Stockpiling ammunition. DHS, along with other government agencies, has been stockpiling an alarming amount of ammunition in recent years, which only adds to the discomfort of those already leery of the government. As of 2013, DHS had 260 million rounds of ammo in stock, which averages out to between 1,300 to 1,600 rounds per officer. The US Army, in contrast, has roughly 350 rounds per soldier. DHS has since requisitioned more than 1.6 billion rounds of ammo, “enough,” concludes Forbes magazine, “to sustain a hot war for 20+ years.”

Distributing license plate readers. DHS has already distributed more than $50 million in grants to enable local police agencies to acquire license plate readers, which rely on mobile cameras to photograph and identify cars, match them against a national database, and track their movements. Relying on private contractors to maintain a license plate database allows the DHS and its affiliates to access millions of records without much in the way of oversight.

Contracting to build detention camps. In 2006, DHS awarded a $385 million contract to a Halliburton subsidiary to build detention centers on American soil. Although the government and Halliburton were not forthcoming about where or when these domestic detention centers would be built, they rationalized the need for them in case of “an emergency influx of immigrants, or to support the rapid development of new programs” in the event of other emergencies such as “natural disasters.” Viewed in conjunction with the NDAA provision allowing the military to arrest and indefinitely detain anyone, including American citizens, it would seem the building blocks are already in place for such an eventuality.

Tracking cell-phones with Stingray devices. Distributed to local police agencies as a result of grants from the DHS, these Stingray devices enable police to track individuals’ cell phones–and their owners–without a court warrant or court order. The amount of information conveyed by these devices about one’s activities, whereabouts and interactions is considerable. As one attorney explained: “Because we carry our cellphones with us virtually everywhere we go, stingrays can paint a precise picture of where we are and who we spend time with, including our location in a lover’s house, in a psychologist’s office or at a political protest.”

Carrying out military drills and lockdowns in American cities. Each year, DHS funds military-style training drills in cities across the country. These Urban Shield exercises, elaborately staged with their own set of professionally trained Crisis Actors playing the parts of shooters, bystanders and victims, fool law enforcement officials, students, teachers, bystanders and the media into thinking it’s a real crisis.

Using the TSA as an advance guard. The TSA now searches a variety of government and private databases, including things like car registrations and employment information, in order to track travelers’ before they ever get near an airport. Other information collected includes “tax identification number, past travel itineraries, property records, physical characteristics, and law enforcement or intelligence information.”

Conducting virtual strip searches with full-body scanners. Under the direction of the TSA, American travelers have been subjected to all manner of searches ranging from whole-body scanners and enhanced patdowns at airports to bag searches in train stations. In response to public outrage over what amounted to a virtual strip search, the TSA has begun replacing the scanners with equally costly yet less detailed models. The old scanners will be used by prisons for now.

Carrying out soft target checkpoints. VIPR task forces, comprised of federal air marshals, surface transportation security inspectors, transportation security officers, behavior detection officers and explosive detection canine teams have laid the groundwork for the government’s effort to secure so-called “soft” targets such as malls, stadiums, bridges, etc. Some security experts predict that checkpoints and screening stations will eventually be established at all soft targets, such as department stores, restaurants, and schools. DHS’ Operation Shield, a program which seeks to check up on security protocols around the country with unannounced visits, conducted a surprise security exercise at the Social Security Administration building in Leesburg, Fla., when they subjected people who went to pick up their checks to random ID checks by federal agents armed with semi-automatic weapons.

Directing government workers to spy on Americans. Terrorism Liaison Officers are firefighters, police officers, and even corporate employees who have received training to spy on and report back to government entities on the day-to-day activities of their fellow citizens. These individuals are authorized to report “suspicious activity” which can include such innocuous activities as taking pictures with no apparent aesthetic value, making measurements and drawings, taking notes, conversing in code, espousing radical beliefs, and buying items in bulk.

Conducting widespread spying networks using fusion centers. Data collecting agencies spread throughout the country, aided by the National Security Agency, fusions centers–of which there are at least 78 scattered around the U.S.— constantly monitor our communications, collecting and cataloguing everything from our internet activity and web searches to text messages, phone calls and emails. This data is then fed to government agencies, which are now interconnected: the CIA to the FBI, the FBI to local police. Despite a budget estimated to be somewhere between $289 million and $1.4 billion, these fusion centers have proven to be exercises in incompetence, often producing irrelevant, useless or inappropriate intelligence, while spending millions of dollars on “flat-screen televisions, sport utility vehicles, hidden cameras and other gadgets.”

Carrying out Constitution-free border control searches. On orders from the DHS, the government’s efforts along the border have become little more than an exercise in police state power, ranging from aggressive checkpoints to the widespread use of drone technology, often used against American citizens traveling within the country. Border patrol operations occur within 100 miles of an international crossing, putting some 200 million Americans within the bounds of aggressive border patrol searches and seizures, as well as increasingly expansive drone surveillance. With 71 checkpoints found along the southwest border of the United States alone, suspicionless search and seizures on the border are rampant. Border patrol agents also search the personal electronic devices of people crossing the border without a warrant.

Funding city-wide surveillance cameras. As Charlie Savage reports for the Boston Globe, the DHS has funneled “millions of dollars to local governments nationwide for purchasing high-tech video camera networks, accelerating the rise of a ‘surveillance society’ in which the sense of freedom that stems from being anonymous in public will be lost.” These camera systems, installed on city streets, in parks and transit systems, operating in conjunction with sophisticated computer systems that boast intelligent video analytics, digital biometric identification, military-pedigree software for analyzing and predicting crime and facial recognition software, create a vast surveillance network that can target millions of innocent individuals.

Utilizing drones and other spybots. The DHS has been at the forefront of funding and deploying surveillance robots and drones for land, sea and air, including robots that resemble fish and tunnel-bots that can travel underground. Despite repeated concerns over the danger surveillance drones used domestically pose to Americans’ privacy rights, the DHS has continued to expand its fleet of Predator drones, which come equipped with video cameras, infrared cameras, heat sensors, and radar. DHS also loans its drones out to local, state, and federal law enforcement agencies for a variety of tasks, although the agency refuses to divulge any details as to how, why and in what capacity these drones are being used by police. Incredibly, the DHS has also been handing out millions of dollars in grants to local police agencies to “accelerate the adoption” of drones in their localities.

It’s not difficult to see why the DHS has been described as a “wasteful, growing, fear-mongering beast.” If it is a beast, however, it is a beast that is accelerating our nation’s transformation into a police state through its establishment of a standing army, a.k.a. national police force.

This, too, is nothing new. Historically, as I show in my book A Government of Wolves: The Emerging American Police State, the establishment of a national police force has served as a fundamental and final building block for every totalitarian regime that has ever wreaked havoc on humanity, from Hitler’s all-too-real Nazi Germany to George Orwell’s fictional Oceania. Whether fictional or historical, however, the calling cards of these national police agencies remain the same: brutality, inhumanity, corruption, intolerance, rigidity, and bureaucracy–in other words, evil.

Just Shoot: The Mindset Responsible for Turning Search Warrants into Death Warrants, and SWAT Teams into Death Squads

Posted: June 2, 2014 in Uncategorized
Tags: no knock raid, police, police militarization, police shootings, shooting dogs, SWAT team

“A government which will turn its tanks upon its people, for any reason, is a government with a taste of blood and a thirst for power and must either be smartly rebuked, or blindly obeyed in deadly fear.”–John Salter

How many children, old people, and law-abiding citizens have to be injured, terrorized or killed before we call a halt to the growing rash of police violence that is wracking the country? How many family pets have to be gunned down in cold blood by marauding SWAT teams before we declare such tactics off limits? And how many communities have to be transformed into military outposts, complete with heavily armed police, military tanks, and “safety” checkpoints before we draw that line in the sand that says “not in our town”?

The latest incident comes out of Atlanta, Georgia, where a SWAT team, attempting to execute a no-knock drug warrant in the middle of the night, launched a flash bang grenade into the targeted home, only to have it land in a crib where a 19-month-old baby lay sleeping. The grenade exploded in the baby’s face, burning his face, lacerating his chest, and leaving him paralyzed. He is currently in the hospital in a medically induced coma.

If this were the first instance of police overkill, if it were even the fifth, there might be hope of reforming our system of law enforcement. But what happened to this baby, whose life will never be the same, has become par for the course in a society that glorifies violence, turns a blind eye to government wrongdoing, and sanctions any act by law enforcement, no matter how misguided or wrong. Indeed, as I detail in my book A Government of Wolves: The Emerging American Police State, this state-sponsored violence is a necessary ingredient in any totalitarian regime to ensure a compliant, cowed and fearful populace.

Thus, each time we as a rational, reasoning, free-minded people fail to be outraged by government wrongdoing–whether it’s the SWAT team raids that go awry, the senseless shootings of unarmed citizens, the stockpiling of military weapons and ammunition by government agencies (including small-town police), the unapologetic misuse of our taxpayer dollars for graft and pork, the incarceration of our fellow citizens in forced labor prisons, etc.–we become accomplices in bringing about our own downfall.

There’s certainly no shortage of things to be outraged about, starting with this dangerous mindset that has come to dominate law enforcement and the courts that protecting the lives and safety of police officers (of all stripes) is more important than the lives and safety of the citizenry. This is true even if it means that greater numbers of innocent civilians will get hurt or killed (police kill roughly five times more often than they are killed), police might become laws unto themselves, and the Constitution will be sidestepped, or worse disregarded, at every turn.

For example, where was the outrage when a Minnesota SWAT team raided the wrong house in the middle of the night, handcuffed the three young children, held the mother on the floor at gunpoint, shot the family dog, and then “forced the handcuffed children to sit next to the carcass of their dead pet and bloody pet for more than an hour” while they searched the home?

Or what about the SWAT team that drove an armored Lenco Bearcat into Roger Serrato’s yard, surrounded his home with paramilitary troops wearing face masks, threw a fire-starting flashbang grenade into the house in order, then when Serrato appeared at a window, unarmed and wearing only his shorts, held him at bay with rifles? Serrato died of asphyxiation from being trapped in the flame-filled house, and the county was ordered to pay $2.6 million to Serrato’s family. It turns out the father of four had done nothing wrong; the SWAT team had misidentified him as someone involved in a shooting. Even so, the police admitted no wrongdoing.

And then there was the police officer who tripped and “accidentally” shot and killed Eurie Stamps, who had been forced to the floor of his home at gunpoint while a SWAT team attempted to execute a search warrant against his stepson. Equally outrageous was the recent four-hour SWAT team raid on a California high school, where students were locked down in classrooms, forced to urinate in overturned desks and generally terrorized by heavily armed, masked gunmen searching for possible weapons that were never found.

The problem with all of these incidents, as one reporter rightly concluded, is “not that life has gotten that much more dangerous, it’s that authorities have chosen to respond to even innocent situations as if they were in a warzone.”

This battlefield mindset has so corrupted our law enforcement agencies that the most routine tasks, such as serving a search warrant–intended to uncover evidence of a suspected crime–becomes a death warrant for the alleged “suspect,” his family members and his pets once a SWAT team, trained to kill, is involved.

Unfortunately, SWAT teams are no longer reserved exclusively for deadly situations. Owing to the militarization of the nation’s police forces, SWAT teams are now increasingly being deployed for relatively routine police matters, with some SWAT teams being sent out as much as five times a day. For example, police in both Baltimore and Dallas have used SWAT teams to bust up poker games. A Connecticut SWAT team was sent into a bar that was believed to be serving alcohol to underage individuals. In Arizona, a SWAT team was used to break up an alleged cockfighting ring. An Atlanta SWAT team raided a music studio, allegedly out of a concern that it might have been involved in illegal music piracy.

Yet the tension inherent in most civilian-police encounter these days can’t be blamed exclusively on law enforcement’s growing reliance on SWAT teams. It goes far deeper, to a transformation in the way police view themselves and their line of duty. Specifically, what we’re dealing with today is a skewed shoot-to-kill mindset in which police, trained to view themselves as warriors or soldiers in a war, whether against drugs, or terror, or crime, must “get” the bad guys–i.e., anyone who is a potential target–before the bad guys get them. The result is a spike in the number of incidents in which police shoot first, and ask questions later.

Who could forget what happened to 13-year-old Andy Lopez? The teenager was shot seven times and killed after two sheriff’s deputies, a mere 20 feet away, saw him carrying a toy BB gun in public.

Then there was the time two Cleveland police officers mistook the sounds of a backfiring car for gunfire and immediately began pursuing the car and its two occupants. Within 20 minutes, more than 60 police cars, some unmarked, and 115 officers had joined the pursuit, which ended in a middle school parking lot with more than 140 bullets fired by police in less than 30 seconds. The “suspects”–dead from countless bullet wounds–were unarmed.

Miriam Carey’s family still can’t get past the shock of her death. Police in Washington, DC, shot and killed the 34-year-old woman after she collided with a barrier leading to the White House, then fled when pursued by a phalanx of gun-wielding police and cop cars. Carey’s 1-year-old daughter was in the backseat. Seventeen gun shots later, Carey was dead and her toddler motherless.

Just as troubling as this “shoot first, ask questions later” mindset is what investigative journalist Katie Rucke uncovered about how police are being trained to use force without hesitation and report their shootings in such a way as to legally justify a shot. Rucke reports the findings of one concerned citizen, “Jack,” who went undercover in order to attend 24 hours of law enforcement training classes organized by the private, for-profit law enforcement training organization Calibre Press.

“Jack says it was troubling to witness hundreds of SWAT team officers and supervisors who seemed unfazed by being instructed to not hesitate when it comes to using excessive, and even deadly, force,” writes Rucke. “‘From my personal experience, these trainers consistently promote more aggression and criticize hesitation to use force,’ Jack said. ‘They argue that the risk of making a mistake is worth it to absolutely minimize risk to the officer. And they teach officers how to use the law to minimize legal repercussions in almost any scenario. All this is, of course, done behind the scenes, with no oversight from police administrators, much less the public.'”

Rucke continues:

According to the learning materials, ” there isn’t time for logic and analysis, encouraging officers to fire multiple rounds at subjects because “two shots rarely stops ’em,” and outlines seven reasons why “excessive use of force” is a myth. Other lessons Jack learned from the “Anatomy of Force Incidents” training in January include a need to over-analyze one’s environment for deadly threats by using one’s imagination to create “targets of the day” who could be “reasonably” shot, to view racial profiling as a legitimate policing technique, even if the person is a child, pregnant woman or elderly person, and to use the law to one’s advantage to avoid culpability.

What we’re dealing with is what author Kristian Williams describes as the dual myths of heroism and danger: “The overblown image of police heroism, and the ‘obsession’ with officer safety, do not only serve to justify police violence after the fact; by providing such justification, they legitimize violence, and thus make it more likely.”

If ever there were a time to de-militarize and de-weaponize police forces, it’s now, starting at the local level, with local governments and citizens reining in local police. The same goes for scaling back on the mindset adopted by cops that they are the law and should be revered, feared and obeyed.

Police have been insulated from accusations of wrongdoing for too long and allowed to operate in an environment in which whatever a cop says, goes. The current practice is to let the police deal with these transgressions internally by suspending the officer involved with administrative pay, dragging out the investigation until the public forgets about the incident, and then eventually declaring the shooting incident justified based on the officer’s fear for his safety, and allowing him to go back to work as usual. And if, on the off chance, a shooting incident goes before the courts, the judiciary defers to police authority in almost all instances. Just recently, for example, the U.S. Supreme Court declared that police officers who used deadly force to terminate a car chase were immune from a lawsuit. The officers were accused of needlessly resorting to deadly force by shooting multiple times at a man and his passenger in a stopped car, killing both individuals.

Meanwhile, the epidemic of police violence continues to escalate while fear of the police increases and the police state, with all its surveillance gear and military weaponry, expands around us.

The War on America’s Military Veterans, Waged with SWAT Teams, Surveillance and Neglect

Posted: May 23, 2014 in Uncategorized
Tags: brandon raub, censorship, memorial day, Operation Vigilant Eagle, surveillance, SWAT team, veterans

“As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them.”—John F. Kennedy

Just in time for Memorial Day, we’re once again being treated to a generous serving of praise and grandstanding by politicians and corporations eager to go on record as being supportive of our veterans. Patriotic platitudes aside, however, America has done a deplorable job of caring for her veterans. We erect monuments for those who die while serving in the military, yet for those who return home, there’s little honor to be found.

Despite the fact that the U.S. boasts more than 23 million veterans who have served in World War II through Korea, Vietnam, the Gulf War, Iraq and Afghanistan, the plight of veterans today is deplorable, with large numbers of them impoverished, unemployed, traumatized mentally and physically, struggling with depression, thoughts of suicide, and marital stress, homeless (a third of all homeless Americans are veterans), subjected to sub-par treatment at clinics and hospitals, and left to molder while their paperwork piles up within Veterans Administration (VA) offices.

According to the National Veterans Foundation, the VA has had a backlog of as many as 1.2 million unprocessed claims in recent years, in addition to the fraud and mismanagement within the VA and its network of offices across the country, and secret lists containing thousands of names of veterans who were forced to wait months just to see a doctor.

While President Obama has now declared that he “will not stand” for the mistreatment of veterans under his watch, the time for words is long past. As Slate political correspondent John Dickerson observed, these inexcusable delays represent “a failure of one of the most basic transactions government is supposed to perform: keeping a promise to those who were asked to protect our very form of government.”

Then again, as I detail in my book A Government of Wolves: The Emerging American Police State, the government has been breaking its promises to the American people for a long time now, starting with its most sacred covenant to uphold and defend the Constitution. Yet if the government won’t abide by its commitment to respect our constitutional rights to be free from government surveillance and censorship, if it completely tramples on our right to due process and fair hearings, and routinely denies us protection from roadside strip searches and militarized police, why should anyone expect the government to treat our nation’s veterans with respect and dignity?

Indeed, in recent years, military servicemen and women—many of whom are decorated—have found themselves increasingly targeted for surveillance, censorship, threatened with incarceration or involuntary commitment, labeled as extremists and/or mentally ill, and stripped of their Second Amendment rights, all for daring to voice their concerns about the alarming state of our union and the erosion of our freedoms.

For example, a Department of Homeland Security (DHS) program dubbed Operation Vigilant Eagle tracks military veterans returning from Iraq and Afghanistan, and characterizes them as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.” Since launching Operation Vigilant Eagle, the government has steadily ramped up its campaign to “silence” dissidents, especially those with military backgrounds. Coupled with the DHS’ dual reports on Rightwing and Leftwing “Extremism,” which broadly define extremists as individuals, military veterans and groups “that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely,” these tactics have boded ill for anyone seen as opposing the government.

An important point to consider, however, is that the government is not merely targeting individuals who are voicing their discontent so much as it is locking up individuals trained in military warfare who are voicing feelings of discontent. Under the guise of mental health treatment and with the complicity of government psychiatrists and law enforcement officials, these veterans are increasingly being portrayed as ticking time bombs in need of intervention. In 2012, for instance, the Justice Department launched a pilot program aimed at training SWAT teams to deal with confrontations involving highly trained and often heavily armed combat veterans.

Unfortunately, as we’ve seen in recent years, the problem with depicting veterans as potential enemy combatants is that any encounter with a military veteran can escalate very quickly into an explosive and deadly situation—at least, on the part of law enforcement.

For example, Jose Guerena, a Marine who served in two tours in Iraq, was killed in 2011 after an Arizona SWAT team kicked open the door of his home during a mistaken drug raid and opened fire. Thinking his home was being invaded by criminals, Guerena told his wife and child to hide in a closet, grabbed a gun and waited in the hallway to confront the intruders. He never fired his weapon. In fact, the safety was still on his gun when he was killed. The SWAT officers, however, not as restrained, fired 70 rounds of ammunition at Guerena—23 of those bullets made contact. Apart from his military background, Guerena had had no prior criminal record, and the police found nothing illegal in his home.

John Edward Chesney, a 62-year-old Vietnam veteran, was killed earlier this year by a SWAT team allegedly responding to a call that the Army veteran was standing in his San Diego apartment window waving what looked like a semi-automatic rifle. SWAT officers locked down Chesney’s street, took up positions around his home, and fired 12 rounds into Chesney’s apartment window. It turned out that the gun Chesney reportedly pointed at police from three stories up was a “realistic-looking mock assault rifle.”

Thankfully, Ramon Hooks’ encounter with a Houston SWAT team did not end as tragically, but it very easily could have. Hooks, a 25-year-old Iraq war veteran, was using an air rifle gun for target practice outside when a Homeland Security Agent, allegedly house shopping in the area, reported him as an active shooter. It wasn’t long before the quiet neighborhood was transformed into a war zone, with dozens of cop cars, an armored vehicle and heavily armed police. Hooks was arrested, his air rifle pellets and toy gun confiscated, and charges filed against him for “criminal mischief.”

Although no toy guns were involved in Brandon Raub’s case, his fact scenario is even more chilling, given that he was targeted for exercising his First Amendment rights on Facebook. The 26-year-old decorated Marine actually found himself interrogated by government agents about his views on government corruption, arrested with no warning, labeled mentally ill for subscribing to so-called “conspiratorial” views about the government, detained against his will in a psych ward for standing by his views, and isolated from his family, friends and attorneys.

On August 16, 2012, a swarm of local police, Secret Service and FBI agents arrived at Raub’s Virginia home, asking to speak with him about posts he had made on his Facebook page made up of song lyrics, political opinions and dialogue used in a political thriller virtual card game. Among the posts cited as troublesome were lyrics to a song by a rap group and Raub’s views, shared increasingly by a number of Americans, that the 9/11 terrorist attacks were an inside job.

After a brief conversation and without providing any explanation, levying any charges against Raub or reading him his rights, Raub was then handcuffed and transported to police headquarters, then to a medical center, where he was held against his will due to alleged concerns that his Facebook posts were “terrorist in nature.” Outraged onlookers filmed the arrest and posted the footage to YouTube, where it quickly went viral. Meanwhile, in a kangaroo court hearing that turned a deaf ear to Raub’s explanations about the fact that his Facebook posts were being read out of context, Raub was sentenced to up to 30 days’ further confinement in a psychiatric ward.

Thankfully, The Rutherford Institute came to Raub’s assistance, which combined with heightened media attention, brought about his release and may have helped prevent Raub from being successfully “disappeared” by the government. Even so, within days of Raub being seized and forcibly held in a VA psych ward, news reports started surfacing of other veterans having similar experiences.

That the government is using the charge of mental illness as the means by which to immobilize (and disarm) these veterans is diabolically brilliant. With one stroke of a magistrate’s pen, these service men are being declared mentally ill, locked away against their will, and stripped of their constitutional rights. Make no mistake, these returning veterans are being positioned as enemy number one.

Indeed, Raub’s case, a prime example of the government’s war on veterans, exposes the seedy underbelly of a governmental system that is targeting Americans—especially military veterans—for expressing their discontent over America’s rapid transition to a police state.

A federal judge actually dismissed Raub’s lawsuit challenging the government’s “Operation Vigilant Eagle” campaign and its increasing view of veterans as potential domestic terrorists as “far-fetched.” Yet what may sound far-fetched to the courts is a grim reality to Americans who are daily being targeted for daring to exercise their constitutional rights to speak their minds, criticize the government, and defend themselves and their families against over-reaching government surveillance and heavy-handed police tactics.

It’s ironic, isn’t it, that we raise our young people to believe that it is their patriotic duty to defend freedom abroad by serving in the military, then when they return home, bruised and battle-scarred and suddenly serious about defending their freedoms at home, we treat them like terrorists. Then again, perhaps it’s not so much ironic as it is tragic and pathetic—a sad tribute, indeed, to those willing to put their lives on the line.

John W. Whitehead, Constitutional Attorney

Whitehead’s NEW Book: Battlefield America

A Government of Wolves

John W. Whitehead

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