The Absurd, Bureaucratic Hell That Is the American Police State

Guest Post by John W. Whitehead

“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.

The Stealing of America by the Cops, the Courts, the Corporations and Congress

By John W. Whitehead via The Rutherford Institute
July 21, 2014

“What the government is good at is collecting taxes, taking away your freedoms and killing people. It’s not good at much else.”Author Tom Clancy

Call it what you will—taxes, penalties, fees, fines, regulations, tariffs, tickets, permits, surcharges, tolls, asset forfeitures, foreclosures, etc.—but the only word that truly describes the constant bilking of the American taxpayer by the government and its corporate partners is theft.

We’re operating in a topsy-turvy Sherwood Forest where instead of Robin Hood and his merry band of thieves stealing from the rich to feed the poor, you’ve got the government and its merry band of corporate thieves stealing from the poor to fatten the wallets of the rich. In this way, the poor get poorer and the rich get richer. All the while, the American Dream of peace, prosperity, and liberty has turned into a nightmare of endless wars, debilitating debt, and outright tyranny.

What Americans don’t seem to comprehend is that if the government can arbitrarily take away your property, without your having much say about it, you have no true rights. You’re nothing more than a serf or a slave.

In this way, the police state with all of its trappings—from surveillance cameras, militarized police, SWAT team raids, truancy and zero tolerance policies, asset forfeiture laws, privatized prisons and red light cameras to Sting Ray guns, fusion centers, drones, black boxes, hollow-point bullets, detention centers, speed traps and abundance of laws criminalizing otherwise legitimate conduct—is little more than a front for a high-dollar covert operation aimed at laundering as much money as possible through government agencies and into the bank accounts of corporations.

The rationalizations for the American police state are many. There’s the so-called threat of terrorism, the ongoing Drug War, the influx of illegal immigrants, the threat of civil unrest in the face of economic collapse, etc. However, these rationalizations are merely excuses for the growth of a government behemoth, one which works hand in hand with corporations to profit from a society kept under lockdown and in fear at all times.

Indeed, as I point out in my book A Government of Wolves: The Emerging American Police State, the real motivating factor behind erecting a police state is not to protect the people, but to further enrich the powerful. Consider the following costly line items, all part of the government’s so-called quest to keep us safe and fight terrorism while entrenching the police state, enriching the elite, and further shredding our constitutional rights:

$4.2 billion for militarized police. Almost 13,000 agencies in all 50 states and four U.S. territories participate in a military “recycling” program which allows the Defense Department to transfer surplus military hardware to local and state police. In 2012 alone, $546 million worth of military equipment was distributed to law enforcement agencies throughout the country.

$34 billion for police departments to add to their arsenals of weapons and equipment. Since President Obama took office, police departments across the country “have received tens of thousands of machine guns; nearly 200,000 ammunition magazines; thousands of pieces of camouflage and night-vision equipment; and hundreds of silencers, armored cars and aircraft.” While police departments like to frame the acquisition of military surplus as a money-saving method, in a twisted sort of double jeopardy, the taxpayer ends up footing a bigger bill. First, taxpayers are forced to pay millions of dollars for equipment which the Defense Department purchases from megacorporations only to abandon after a few years. Then taxpayers find themselves footing the bill to maintain the costly equipment once it has been acquired by the local police.

$6 billion in assets seized by the federal government in one year alone. Relying on the topsy-turvy legal theory that one’s property can not only be guilty of a crime but is also guilty until proven innocent, government agencies have eagerly cashed in on the civil asset forfeiture revenue scheme, which allows police to 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 cops keeps the citizen’s property. Eighty percent of these asset forfeiture cases result in no charge against the property owner. Some states are actually considering expanding the use of asset forfeiture laws to include petty misdemeanors. This would mean that property could be seized in cases of minor crimes such as harassment, possession of small amounts of marijuana, and trespassing in a public park after dark.

$11,000 per hour for a SWAT team raid on a government dissident. The raid was carried out against Terry Porter, a Maryland resident who runs a welding business, is married with three kids, is outspoken about his views of the government, and has been labeled a prepper because he has an underground bunker and food supplies in case things turn apocalyptic. The raiding team included “150 Maryland State Police, FBI, State Fire Marshal’s bomb squad and County SWAT teams, complete with two police helicopters, two Bearcat ‘special response’ vehicles, mobile command posts, snipers, police dogs, bomb disposal truck, bomb sniffing robots and a huge excavator. They even brought in food trucks.”

$3.8 billion requested by the Obama administration to send more immigration judges to the southern border, build additional detention camps and add border patrol agents. Border Patrol agents are already allowed to search people’s homes, intimately probe their bodies, and rifle through their belongings, all without a warrant. As one journalist put it, “The surveillance apparatus is in your face. The high-powered cameras are pointed at you; the drones are above you; you’re stopped regularly at checkpoints and interrogated.” For example, an American citizen entering the U.S. from Mexico was subjected to a full-body cavity search in which she was subjected to a variety of invasive procedures, including an observed bowel movement and a CT scan, all because a drug dog jumped on her when she was going through border security. Physicians found no drugs hidden in her body.

$61 billion for the Department of Homeland Security, one of the most notoriously bloated government agencies ever created. The third largest federal agency behind the Departments of Veterans Affairs and Defense, the DHS—with its 240,000 full-time workers and sub-agencies—has been aptly dubbed a “runaway train.”

$80 billion spent on incarceration by the states and the federal government in 2010. While providing security, housing, food, medical care, etc., for six million Americans is a hardship for cash-strapped states, it’s a gold mine to profit-hungry corporations such as Corrections Corp of America and GEO Group, the leaders in the partnership corrections industry. Thus, with an eye toward increasing its bottom line, CCA has floated a proposal to prison officials in 48 states offering to buy and manage public prisons at a substantial cost savings to the states. In exchange, the prisons would have to contain at least 1,000 beds and states would have to maintain a 90% occupancy rate for at least 20 years. This has led to the phenomenon of overcriminalization of everyday activities, in which mundane activities such as growing vegetables in your yard or collecting rainwater on your property are criminalized, resulting in jail sentences for individuals who might otherwise have never seen the inside of a jail cell.

$6.4 billion a year for the Bureau of Prisons and $30,000 a year to house an inmate. There are over 3,000 people in America serving life sentences for non-violent crimes. These include theft of a jacket, siphoning gasoline from a truck, stealing tools, and attempting to cash a stolen check. Most of the non-violent offenses which triggered life sentences were drug crimes involving trace amounts of heroin and cocaine. One person imprisoned for life was merely a go-between for an undercover officer buying ten dollars’ worth of marijuana. California has more money devoted to its prison system than its system of education. State spending on incarceration is the fastest growing budget item besides Medicaid.

93 cents an hour for forced, prison labor in service to for-profit corporations such as Starbucks, Microsoft, Walmart, and Victoria’s Secret. What this forced labor scheme has created, indirectly or not, is a financial incentive for both the corporations and government agencies to keep the prisons full to capacity. A good portion of the 2 million prisoners in public facilities are forced to work for corporations, making products on the cheap, undermining free laborers, and increasing the bottom line for many of America’s most popular brands. “Prison labor reportedly produces 100 percent of military helmets, shirts, pants, tents, bags, canteens, and a variety of other equipment. Prison labor makes circuit boards for IBM, Texas Instruments, and Dell. Many McDonald’s uniforms are sewn by inmates. Other corporations—Microsoft, Victoria’s Secret, Boeing, Motorola, Compaq, Revlon, and Kmart—also benefit from prison labor.”

$2.6 million pocketed by Pennsylvania judges who were paid to jail youths and send them to private prison facilities. The judges, paid off by the Mid Atlantic Youth Service Corporation, which specializes in private prisons for juvenile offenders, had more than 5,000 kids come through their courtrooms and sent many of them to prison for petty crimes such as stealing DVDs from Wal-Mart and trespassing in vacant buildings.

$1.4 billion per year reportedly lost to truancy by California school districts, which receive government funding based on student attendance. The so-called “solution” to student absences from school has proven to be a financial windfall for cash-strapped schools, enabling them to rake in millions, fine parents up to $500 for each unexcused absence, with the potential for jail time, and has given rise to a whole new track in the criminal justice system devoted to creating new revenue streams for communities. For example, Eileen DiNino, a woman serving a two-day jail sentence for her children’s truancy violations, died while in custody. She is one of hundreds of people jailed in Pennsylvania over their inability to pay fines related to truancy, which include a variety of arbitrary fees meant to rack up money for the courts. For example, “[DiNino’s] bill included a laundry list of routine fees: $8 for a “judicial computer project”; $60 for Berks constables; $40 for “summary costs” for several court offices; and $10 for postage.” So even if one is charged with a $20 fine, they may end up finding themselves on the hook for $150 in court fees.

$84.9 million collected in one year by the District of Columbia as a result of tickets issued by speeding and traffic light cameras stationed around the city. Multiply that income hundreds of times over to account for the growing number of localities latching onto these revenue-generating, photo-enforced camera schemes, and you’ll understand why community governments and police agencies are lining up in droves to install them, despite reports of wide scale corruption by the companies operating the cameras. Although nine states have banned the cameras, they’re in 24 states already and rising.

$1.4 billion for fusion centers. These fusion centers, which represent the combined surveillance and intelligence efforts of federal, state and local law enforcement, 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.”

In sum, the American police state is a multi-billion dollar boondoggle, meant to keep the property and the resources of the American people flowing into corrupt government agencies and their corporate partners. For those with any accounting ability, it’s clear that the total sum of the expenses being charged to the American taxpayer’s account by the government add up to only one thing: the loss of our freedoms. It’s time to seriously consider a plan to begin de-funding this beast and keeping our resources where they belong: in our communities, working for us.

What I Don’t Like About Life in the American Police State

By John W. Whitehead
July 14, 2014

“A patriot must always be ready to defend his country against his government.”Edward Abbey, American author

There’s a lot to love about America and its people: their pioneering spirit, their entrepreneurship, their ability to think outside the box, their passion for the arts, etc.  Increasingly, however, as time goes by, I find the things I don’t like about living in a nation that has long since ceased to be a sanctuary for freedom are beginning to outnumber the things I love.

Here’s what I don’t like about living in the American police state: I don’t like being treated as if my only value to the government is as a source of labor and funds. I don’t like being viewed as a consumer and bits of data. I don’t like being spied on and treated as if I have no right to privacy, especially in my own home.

I don’t like government officials who lobby for my vote only to ignore me once elected. I don’t like having representatives incapable of and unwilling to represent me. I don’t like taxation without representation.

I don’t like being bullied by government bureaucrats, vigilantes masquerading as cops, or faceless technicians. I don’t like being railroaded into financing government programs whose only purpose is to increase the power and wealth of the corporate elite. I don’t like being forced to pay for wars abroad that serve no other purpose except to expand the reach of the military industrial complex.

I don’t like being subjected to scans, searches, pat downs and other indignities by the TSA. I don’t like VIPR raids on so-called “soft” targets like shopping malls and bus depots by black-clad, Darth Vader look-alikes. I don’t like fusion centers, which represent the combined surveillance efforts of federal, state and local law enforcement.

I don’t like being treated like an underling by government agents who are supposed to be working for me. I don’t like being threatened, intimidated, bribed, beaten and robbed by individuals entrusted with safeguarding my rights. I don’t like being silenced, censored and marginalized. I don’t like my movements being tracked, my conversations being recorded, and my transactions being catalogued.

I don’t like how the presidency has developed into a neo-monarchy replete with all the luxury and lasciviousness of the feudal lords of old.

I don’t like politicians who spend most of their time running for office, fundraising and enjoying being feted by lobbyists and corporations alike. I don’t like being kept at a distance from my elected representatives, including the president (a.k.a. the Emperor). I don’t like free speech zones, roving bubble zones and trespass laws that restrict Americans’ First Amendment rights.

I don’t like laws that criminalize Americans for otherwise lawful activities such as holding religious studies at home, growing vegetables in their yard, and collecting rainwater. I don’t like the NDAA, which allows the president and the military to arrest and detain American citizens indefinitely. I don’t like the Patriot Act, which opened the door to all manner of government abuses and intrusions on our privacy.

I don’t like the Department of Homeland Security (DHS), which has become America’s standing army in direct opposition to the dire warnings of those who founded our country. I don’t like military weapons such as armored vehicles, sound cannons and the like being used against the American citizens. I don’t like government agencies such as the DHS, Post Office, Social Security Administration and Wildlife stocking up on hollow-point bullets. And I definitely don’t like the implications of detention centers being built that could house American citizens.

I don’t like the fact that since President Obama took office, police departments across the country “have received tens of thousands of machine guns; nearly 200,000 ammunition magazines; thousands of pieces of camouflage and night-vision equipment; and hundreds of silencers, armored cars and aircraft.”

I don’t like America’s infatuation with locking people up for life for non-violent crimes. There are over 3,000 people in America serving life sentences for non-violent crimes, including theft of a jacket, siphoning gasoline from a truck, stealing tools, and attempting to cash a stolen check. I don’t like paying roughly $29,000 a year per inmate just to keep these nonviolent offenders in prison.

I don’t like having my hard-earned taxpayer dollars used against me.

I don’t like the partisan nature of politics today, which has so polarized Americans that they are incapable of standing in unity against the government’s abuses. I don’t like the entertainment drivel that passes for news coverage today.

I don’t like the fact that those within a 25-mile range of the border are getting a front row seat to the American police state, as Border Patrol agents are now allowed to search people’s homes, intimately probe their bodies, and rifle through their belongings, all without a warrant.

I don’t like public schools that treat students as if they were prison inmates. I don’t like zero tolerance laws that criminalize childish behavior. I don’t like a public educational system that emphasizes rote memorization and test-taking over learning, synthesizing and critical thinking.

I don’t like police precincts whose primary purpose—whether through the use of asset forfeiture laws, speed traps, or red light cameras—is making a profit at the expense of those they have sworn to protect. I don’t like militarized police and their onerous SWAT team raids.

I don’t like Department of Defense and DHS programs that transfer surplus military hardware to local and state police. I don’t like government programs that reward cops for raiding homes and terrorizing homeowners. I don’t like local police dressing and acting as if they were the military while viewing me as an enemy combatant.

I don’t like being treated as if I have no rights.

I don’t like cash-strapped states cutting deals with private corporations to run the prisons in exchange for maintaining 90% occupancy rates for at least 20 years. I don’t like the fact that American prisons have become the source of cheap labor for Corporate America.

I don’t like feeling as if we’ve come full circle back to a pre-Revolutionary era.

I don’t like answering to an imperial president, who operates above the law. I don’t like the injustice that passes for justice in the courts. I don’t like prosecutors so hell bent on winning that they allow innocent people to suffer for crimes they didn’t commit.

I don’t like the double standards that allow government officials to break laws with immunity, while average Americans get the book thrown at them. I don’t like cops who shoot first and ask questions later. I don’t like police dogs being treated with more respect and afforded more rights than American citizens.

I don’t like living in a suspect society. I don’t like Americans being assumed guilty until they prove their innocence. I don’t like the fact that 38 states require that a property owner prove his innocence when police have laid claim to it in a civil forfeiture proceeding, whether or not that individual has done anything wrong.

I don’t like technology being used as a double-edged sword against us. I don’t like agencies like DARPA developing weapons for the battlefield that get used against Americans back at home. I don’t like the fact that drones will be deployed domestically in 2015, yet the government has yet to establish any civil liberties protocols to prevent them from being used against the citizenry.

Most of all, I don’t like feeling as if there’s no hope for turning things around.

Now there are those who would suggest that if I don’t like things about this country, I should leave and go elsewhere. And there are certainly those among my fellow citizens who are leaving for friendlier shores. However, I happen to come from a long line of people who believe in the virtue of hard work and perseverance and in the principle that nothing worthwhile comes without effort.

So I’m not giving up, at least not anytime soon. But I’m also not waiting around for the government to clean up its act. I’m not making any deals with politicians who care nothing about me and mine. To quote Number Six, the character in the British television series The Prisoner: “I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered! My life is my own!”

I plan to keep fighting, writing, speaking up, speaking out, shouting if necessary, filing lawsuits, challenging the status quo, writing letters to the editor, holding my representatives accountable, thinking nationally but acting locally, and generally raising a ruckus anytime the government attempts to undermine the Constitution and ride roughshod over the rights of the citizenry.

As I make clear in my book A Government of Wolves: The Emerging American Police State, we’re at a crisis point in American history. If we don’t get up off our duffs and get involved in the fight for freedom, then up ahead the graveyard beckons. As Martin Luther King Jr. warned, “The hottest places in hell are reserved for those who in a period of moral crisis maintain their neutrality.”

The Emperor’s New Clothes: The Naked Truth About the American Police State

Guest Post by John W. Whitehead
July 08, 2014

“The most dangerous man, to any government, is the man who is able to think things out for himself…Almost inevitably, he comes to the conclusion that the government he lives under is dishonest, insane, and intolerable.”—H.L. Mencken, American journalist

It’s vogue, trendy and appropriate to look to dystopian literature as a harbinger of what we’re experiencing at the hands of the government. Certainly, George Orwell’s 1984 and Animal Farm have much to say about government tyranny, corruption, and control, as does Aldous Huxley’s Brave New World and Philip K. Dick’s Minority Report. Yet there are also older, simpler, more timeless stories—folk tales and fairy tales—that speak just as powerfully to the follies and foibles in our nature as citizens and rulers alike that give rise to tyrants and dictatorships.

One such tale, Hans Christian Andersen’s fable of the Emperor’s New Clothes, is a perfect paradigm of life today in the fiefdom that is the American police state, only instead of an imperial president spending money wantonly on lavish vacations, entertainment, and questionable government programs aimed at amassing greater power, Andersen presents us with a vain and thoughtless emperor, concerned only with satisfying his own needs at the expense of his people, even when it means taxing them unmercifully, bankrupting his kingdom, and harshly punishing his people for daring to challenge his edicts.

For those unfamiliar with the tale, the Emperor, a vain peacock of a man, is conned into buying a prohibitively expensive suit of clothes that is supposedly visible only to those who are smart, competent and well-suited to their positions. Surrounded by yes men, professional flatterers and career politicians who fawn, simper and genuflect, the Emperor—arrogant, pompous and oblivious to his nudity—prances through the town in his new suit of clothes until a child dares to voice what everyone else has been thinking but too afraid to say lest they be thought stupid or incompetent: “He isn’t wearing anything at all!”

Much like the people of the Emperor’s kingdom, we, too, have been conned into believing that if we say what we fear, if we dare to suggest that something is indeed “rotten in the state of Denmark,” we will be branded idiots and fools by the bureaucrats, corporate heads, governmental elites and media hotshots who have a vested interest in maintaining the status quo—or who at least are determined to maintain the façade that is the status quo. Yet the truth is staring us in the face just as surely as the fact that the Emperor was wearing no clothes.

Truth #1: The U.S. is on the brink of bankruptcy, as many economists have been warning for some time now, with more than $16 trillion in debts owned by foreign nationals and corporations. As one financial news site reports: “Internationally, the world is fed up with The Fed and the U.S. government’s unabashed debt growth. China, Russia, Iran, India and a host of other countries are establishing trade relationships that are bypassing the U.S. dollar altogether, a move that will soon see the world’s reserve currency lose purchasing power and status. In anticipation of this imminent collapse gold is being hoarded by private and public entities from Berlin to Beijing in an effort to preserve wealth before the Tsunami hits.”

Truth #2: We no longer have a government that is “of the people, for the people and by the people.” What we have now is a feudal monarchy, run by wealthy overlords and financed with the blood, sweat and labor of the underclasses who are kept in check by the increasingly militarized police. This sorry state of affairs is reinforced by a study which found that average citizens have “little or no independent influence” on the policy-making process. A similar study published by the Political Research Quarterly revealed that members of the U.S. Senate represent their wealthiest constituents while ignoring those on the bottom rung of the economic ladder.

Truth #3: Far from being a benevolent entity concerned with the well-being of its citizens, whether in matters of health, safety or security, the government is concerned with three things only: power, control and money. As an often quoted adage says, “Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master.” Unfortunately, the master-servant relationship that once had the government answering to “we the people” has been reversed. Government agents now act as if they are the masters and we are the servants. Nowhere is this more evident than in the transformation of police officers from benevolent keepers of the peace to inflexible extensions of the military hyped up on the power of their badge.

Truth #4: Our primary use to the government is as consumers, worker bees and bits of data to be collected, catalogued, controlled, mined for information, and sold to the highest bidder. Working in cahoots with corporations, the government has given itself carte blanche access to our phone calls, emails, bank transactions, physical movements, even our travels on foot or in our cars. Cybersecurity expert Richard Clarke envisions a future where data about every aspect of our lives will be collected and analyzed. Thus, no matter what the U.S. Supreme Court might have said to the contrary, the government no longer needs a warrant to spy on your cell phone activity or anything else for that matter. As the Washington Post recently revealed, 9 out of 10 people caught up in the NSA’s surveillance net had done nothing wrong to justify such intrusions on their privacy. Clearly, the government now operates relatively autonomously, answering only to itself and unbridled by the courts, Congress, the will of the people or the Constitution.

Truth #5: Whatever problems we are grappling with in regards to illegal immigrants flooding over the borders has little to do with the fact that the borders are porous and everything to do with the government’s own questionable agenda. How is it that a government capable of locking down roads, open seas, and air routes is unable to prevent tens of thousands of women and children from crossing into the U.S. illegally? Conveniently, the Obama administration is asking Congress for $3.8 billion in emergency funding to send more immigration judges to the southern border, build additional detention facilities and add border patrol agents. The funds would be managed by the Departments of Justice, Homeland Security, State and Health and Human Services, the very same agencies responsible for bringing about a rapid shift into a police state.

Truth #6: The U.S. government is preparing for massive domestic unrest, arising most likely from an economic meltdown. The government has repeatedly made clear its intentions, through its U.S. Army War College report alerting the military to prepare for a “violent, strategic dislocation inside the United States,” through its ongoing military drills in cities across the country, through its profiling of potential homegrown “dissidents” or extremists, and through the proliferation of detention centers being built across the country.

Truth #7: As Gerald Ford warned, “A government big enough to give you everything you want is a government big enough to take from you everything you have.” Too often, Americans have fallen prey to the temptation to let the government take care of whatever ails them, whether it be financial concerns, health needs, childcare. As a result, we now find ourselves caught in a Catch-22 situation wherein the government’s so-called solutions to our problems have led to even graver problems. In this way, zero tolerance policies intended to outlaw drugs and weapons in schools result in young children being arrested and kicked out of school for childish behavior such as drawing pictures of soldiers and crying too much; truancy laws intended to keep students in school have resulted in parents being arrested and fined excessively; and zoning laws intended to protect homeowners have been used to prosecute residents who attempt to live off the grid.

Truth #8: The U.S. is following the Nazi blueprint to a “t,” whether through its storm trooper-like police in the form of heavily armed government agents, to its erection of an electronic concentration camp that not only threatens to engulf America but the rest of the world as well via NSA surveillance programs such as Five Eyes. Most damning of all is the Department of Homeland Security’s self-appointed role as a national police force, a.k.a. standing army, the fundamental and final building block for every totalitarian regime that has ever wreaked havoc on humanity. Indeed, 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.

Truth #9: Not only does the U.S. government perpetrate organized, systematic violence on its own citizens, especially those who challenge its authority nonviolently, in the form of SWAT team raids, militarized police, and roaming VIPR checkpoints, but it gets away with these clear violations of the Fourth Amendment because the courts grant them immunity from wrongdoing. Expanding its reach, the U.S. also exports its violence wholesale to other countries through armaments sales and the use of its military as a global police force. Yet no matter how well trained, well equipped and well financed, America cannot police the world. As history shows, military empires, once over extended, inevitably collapse into chaos.

Truth #10: As I make clear in my book A Government of Wolves: The Emerging American Police State, the United States of America has become the new battlefield. In fact, the only real war being fought by the U.S. government today is the war on the American people, and it is being waged with deadly weapons, militarized police, surveillance technology, laws that criminalize otherwise lawful behavior, private prisons that operate on quota systems, and government officials who are no longer accountable to the rule of law.

So there you have it: facts rather than fiction, so naked that a child could call it for what it is, and yet so politically inconvenient, incorrect and uncomfortable that few dare to speak of them.

Even so, despite the fact that no one wants to be labeled dimwitted, or conspiratorial, or a right wing nut job, most Americans, if they were truly paying attention to what’s been going on in this country over the past few decades and willing to be truthful, at least to themselves, would have to admit that the outlook is decidedly grim. Indeed, unless something changes drastically for the good in the near future, it looks like this fairytale will not have a happy ending.

238 Years Later, Would Americans Still Choose Freedom Over Slavery?

Guest Post by John Whitehead

“Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? I know not what course others may take; but as for me, give me liberty or give me death!”Patrick Henry

Imagine living in a country where armed soldiers crash through doors to arrest and imprison citizens merely for criticizing government officials. Imagine that in this very same country, you’re watched all the time, and if you look even a little bit suspicious, the police stop and frisk you or pull you over to search you on the off chance you’re doing something illegal. Keep in mind that if you have a firearm of any kind while in this country, it may get you arrested and, in some circumstances, shot by police.

If you’re thinking this sounds like America today, you wouldn’t be far wrong. However, the scenario described above took place more than 200 years ago, when American colonists suffered under Great Britain’s version of an early police state. It was only when the colonists finally got fed up with being silenced, censored, searched, frisked, threatened, and arrested that they finally revolted against the tyrant’s fetters.

No document better states their grievances than the Declaration of Independence. A document seething with outrage over a government which had betrayed its citizens, the Declaration of Independence was signed on July 4, 1776, by 56 men who laid everything on the line, pledged it all—“our Lives, our Fortunes, and our sacred Honor”—because they believed in a radical idea: that all people are created to be free.

Labeled traitors, these men were charged with treason, a crime punishable by death. For some, their acts of rebellion would cost them their homes and their fortunes. For others, it would be the ultimate price—their lives. Yet even knowing the heavy price they might have to pay, these men dared to speak up when silence could not be tolerated. Even after they had won their independence from Great Britain, these new Americans worked to ensure that the rights they had risked their lives to secure would remain secure for future generations. The result: our Bill of Rights, the first ten amendments to the Constitution.

Imagine the shock and outrage these 56 men would feel were they to discover that 238 years later, the government they had risked their lives to create has been transformed into a militaristic police state in which exercising one’s freedoms is often viewed as a flagrant act of defiance. Indeed, had the Declaration of Independence been written today, it would have rendered its signers terrorists, resulting in them being placed on a government watch list, targeted for surveillance of their activities and correspondence, and potentially arrested, held indefinitely, stripped of their rights and labeled enemy combatants.

Indeed, as I document in my book A Government of Wolves: The Emerging American Police State, a cursory review of the true state of our freedoms as outlined in the Bill of Rights shows exactly how dismal things have become:

The First Amendment is supposed to protect the freedom to speak your mind and protest in peace without being bridled by the government. It also protects the freedom of the media, as well as the right to worship and pray without interference. In other words, Americans cannot be silenced by the government. Yet despite the clear protections found in the First Amendment, the freedoms described therein are under constant assault. Whether it’s a Marine detained for criticizing the government on Facebook, a reporter persecuted for refusing to reveal his sources, or a protester arrested for standing silently in front of the U.S. Supreme Court, these are dangerous times for those who choose to exercise their rights.

The Second Amendment was intended to guarantee “the right of the people to keep and bear arms.” Yet while gun ownership has been recognized as an individual citizen right, Americans continue to face an uphill battle in the courts when it comes to defending themselves against militarized, weaponized government agents armed to the hilt. In fact, court rulings in recent years have affirmed that citizens don’t have the right to resist police officers who enter their homes illegally, mistakenly or otherwise.

The Third Amendment reinforces the principle that civilian-elected officials are superior to the military by prohibiting the military from entering any citizen’s home without “the consent of the owner.” Unfortunately, the wall of separation between civilian and military policing has been torn down in recent years, as militarized SWAT teams are now allowed to burst into homes unannounced in order to investigate minor crimes such as marijuana possession and credit card fraud. With domestic police increasingly posing as military forces—complete with weapons, uniforms, assault vehicles, etc.—a good case could be made for the fact that SWAT team raids constitute the forced quartering of soldiers within the private home, which the Third Amendment was written to prevent.

The Fourth Amendment prohibits government agents from touching you or placing you under surveillance or entering your property without probable cause and even then, only with a court-sanctioned warrant. Unfortunately, the Fourth Amendment has been all but eviscerated in recent years by court rulings and government programs that sanction all manner of intrusions, including giving police carte blanche authority to break into homes or apartments without a warrant, conduct roadside strip searches, and generally manhandle any person in manner they see fit. Moreover, in the so-called name of national security, intelligence agencies like the National Security Agency now have the ability to conduct mass unwarranted electronic intrusions into the personal and private transactions of all Americans, including phone, mail, computer and medical records. All of this data is available to other government agencies, including local police.

The Fifth Amendment is supposed to ensure that you are innocent until proven guilty, and government authorities cannot deprive you of your life, your liberty or your property without following strict legal guidelines. Unfortunately, those protections have been largely extinguished in recent years, especially in the wake of Congress’ passage of the National Defense Authorization Act (NDAA), which allows the president and the military to arrest and detain Americans indefinitely without due process.

The Sixth Amendment was intended to not only ensure a “speedy and public trial,” but it was supposed to prevent the government from keeping someone in jail for unspecified offenses. That too has been a casualty of the so-called war on terror. Between the NDAA’s indefinite detention clause and the Authorization to Use Military Force (AUMF) legislation, which has been used as justification for using drones to kill American citizens in the absence of a court trial, the Sixth Amendment’s guarantees become meaningless.

The Seventh Amendment guarantees citizens the right to a jury trial. However, when the populace has no idea of what’s in the Constitution—civic education has virtually disappeared from most school curriculums—that inevitably translates to an ignorant jury incapable of distinguishing justice and the law from their own preconceived notions and fears.

The Eighth Amendment is similar to the Sixth in that it is supposed to protect the rights of the accused and forbid the use of cruel and unusual punishment. However, the Supreme Court’s determination that what constitutes “cruel and unusual” should be dependent on the “evolving standards of decency that mark the progress of a maturing society” leaves us with little protection in the face of a society lacking in morals altogether. America’s continued reliance on the death penalty, which has been shown to be flawed in its application and execution, is a perfect example of this.

The Ninth Amendment provides that other rights not enumerated in the Constitution are nonetheless retained by the people. Popular sovereignty—the belief that the power to govern flows upward from the people rather than downward from the rulers—is clearly evident in this amendment. However, it has since been turned on its head by a centralized federal government that sees itself as supreme and which continues to pass more and more laws that restrict our freedoms under the pretext that it has an “important government interest” in doing so. Thus, once the government began violating the non-enumerated rights granted in the Ninth Amendment, it was only a matter of time before it began to trample the enumerated rights of the people, as explicitly spelled out in the rest of the Bill of Rights.

As for the Tenth Amendment’s reminder that the people and the states retain every authority that is not otherwise mentioned in the Constitution, that assurance of a system of government in which power is divided among local, state and national entities has long since been rendered moot by the centralized Washington, DC power elite—the president, Congress and the courts. Indeed, the federal governmental bureaucracy has grown so large that it has made local and state legislatures relatively irrelevant. Through its many agencies, the federal government has stripped states of the right to regulate countless issues that were originally governed at the local level.

Thus, even on those rare occasions when the courts provide us with a slight glimmer of hope that all may not be lost, those brief reprieves of judicial sensibility are quickly overwhelmed by a bureaucratic machine that continues to march relentlessly in lockstep with the police state.

This brings me back to those 56 men who risked everything—their fortunes and their lives—to speak truth to power in that sweltering Philadelphia heat 238 summers ago. Of those 56 signers, 9 died during the Revolution, 5 were captured by British soldiers, 18 had their homes looted and burned by the Red Coats, 2 were wounded in battle and 2 lost their sons during the war. Remarkably, these men—who were community leaders, business owners, judges, lawyers and inventors—sacrificed their lives, their fortunes and their sacred honor so that you and I could live freely in a nation where we have the right to stand up and speak out against tyrannical government. In the face of torture and even death, they did not waver.

The choice before us is clear. In the words of Patrick Henry, will we choose dangerous freedom or peaceful slavery?

The U.S. Supreme Court Is Marching in Lockstep with the Police State

Guest by John W. Whitehead
June 23, 2014

“[I]f the individual is no longer to be sovereign, if the police can pick him up whenever they do not like the cut of his jib, if they can ‘seize’ and ‘search’ him in their discretion, we enter a new regime. The decision to enter it should be made only after a full debate by the people of this country.”U.S. Supreme Court Justice William O. Douglas

The U.S. Supreme Court was intended to be an institution established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet as I point out in my book A Government of Wolves: The Emerging American Police State, Americans can no longer rely on the courts to mete out justice. In the police state being erected around us, the police and other government agents can probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts.

Whether it’s police officers breaking through people’s front doors and shooting them dead in their homes or strip searching innocent motorists on the side of the road, these instances of abuse are continually validated by a judicial system that kowtows to virtually every police demand, no matter how unjust, no matter how in opposition to the Constitution.

These are the hallmarks of the emerging American police state: where police officers, no longer mere servants of the people entrusted with keeping the peace, are part of an elite ruling class dependent on keeping the masses corralled, under control, and treated like suspects and enemies rather than citizens.

A review of the Supreme Court’s rulings over the past 10 years, including some critical ones this term, reveals a startling and steady trend towards pro-police state rulings by an institution concerned more with establishing order and protecting government agents than with upholding the rights enshrined in the Constitution.

Police officers can use lethal force in car chases without fear of lawsuits. In Plumhoff v. Rickard (2014), the 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.

Police officers can stop cars based only on “anonymous” tips. In a 5-4 ruling in Navarette v. California (2014), the Court declared that police officers can, under the guise of “reasonable suspicion,” stop cars and question drivers based solely on anonymous tips, no matter how dubious, and whether or not they themselves witnessed any troubling behavior. This ruling came on the heels of a ruling by the Tenth Circuit Court of Appeals in U.S. v. Westhoven that driving too carefully, with a rigid posture, taking a scenic route, and having acne are sufficient reasons for a police officer to suspect you of doing something illegal, detain you, search your car, and arrest you—even if you’ve done nothing illegal to warrant the stop in the first place.

Secret Service agents are not accountable for their actions, as long as they’re done in the name of security. In Wood v. Moss (2014), the Court granted “qualified immunity” to Secret Service officials who relocated anti-Bush protesters, despite concerns raised that the protesters’ First Amendment right to freely speak, assemble, and petition their government leaders had been violated. These decisions, part of a recent trend toward granting government officials “qualified immunity”—they are not accountable for their actions—in lawsuits over alleged constitutional violations, merely incentivize government officials to violate constitutional rights without fear of repercussion.

Citizens only have a right to remain silent if they assert it. The Supreme Court ruled in Salinas v. Texas (2013) that persons who are not under arrest must specifically invoke their Fifth Amendment privilege against self-incrimination in order to avoid having their refusal to answer police questions used against them in a subsequent criminal trial. What this ruling says, essentially, is that citizens had better know what their rights are and understand when those rights are being violated, because the government is no longer going to be held responsible for informing you of those rights before violating them.

Police have free reign to use drug-sniffing dogs as “search warrants on leashes,” justifying any and all police searches of vehicles stopped on the roadside. In Florida v. Harris (2013), a unanimous Court determined that police officers may use highly unreliable drug-sniffing dogs to conduct warrantless searches of cars during routine traffic stops. In doing so, the justices sided with police by claiming that all that the police need to do to prove probable cause for a search is simply assert that a drug detection dog has received proper training. The ruling turns man’s best friend into an extension of the police state.

Police can forcibly take your DNA, whether or not you’ve been convicted of a crime. In Maryland v. King (2013), a divided Court determined that a person arrested for a crime who is supposed to be presumed innocent until proven guilty must submit to forcible extraction of their DNA. Once again the Court sided with the guardians of the police state over the defenders of individual liberty in determining that DNA samples may be extracted from people arrested for “serious offenses.” While the Court claims to have made its decision based upon concerns of properly identifying criminal suspects upon arrest, what they actually did is open the door for a nationwide dragnet of suspects targeted via DNA sampling.

Police can stop, search, question and profile citizens and non-citizens alike. The Supreme Court declared in Arizona v. United States (2012) that Arizona police officers have broad authority to stop, search and question individuals—citizen and non-citizen alike. While the law prohibits officers from considering race, color, or national origin, it amounts to little more than a perfunctory nod to discrimination laws on the books, while paving the way for outright racial profiling and destroying the Fourth Amendment.

Police can subject Americans to virtual strip searches, no matter the “offense.” A divided Supreme Court actually prioritized making life easier for overworked jail officials over the basic right of Americans to be free from debasing strip searches. In its 5-4 ruling in Florence v. Burlington (2012), the Court declared that any person who is arrested and processed at a jail house, regardless of the severity of his or her offense (i.e., they can be guilty of nothing more than a minor traffic offense), can be subjected to a virtual strip search by police or jail officials, which involves exposing the genitals and the buttocks. This “license to probe” is now being extended to roadside stops, as police officers throughout the country have begun performing roadside strip searches—some involving anal and vaginal probes—without any evidence of wrongdoing and without a warrant.

Immunity protections for Secret Service agents trump the free speech rights of Americans. The court issued a unanimous decision in Reichle v. Howards (2012), siding with two Secret Service agents who arrested a Colorado man simply for daring to voice critical remarks to Vice President Cheney. However, contrast the Court’s affirmation of the “free speech” rights of corporations and wealthy donors in McCutcheon v. FEC (2014), which does away with established limits on the number of candidates an entity can support with campaign contributions, and Citizens United v. FEC  (2010) with its tendency to deny those same rights to average Americans when government interests abound, and you’ll find a noticeable disparity.

Police can break into homes without a warrant, even if it’s the wrong home. In an 8-1 ruling in Kentucky v. King (2011), the Supreme Court placed their trust in the discretion of police officers, rather than in the dictates of the Constitution, when they gave police greater leeway to break into homes or apartments without a warrant. 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 police.

Police can interrogate minors without their parents present. In a devastating ruling that could very well do away with what little Fourth Amendment protections remain to public school students and their families—the Court threw out a lower court ruling in Camreta v. Greene (2011), which required government authorities to secure a warrant, a court order or parental consent before interrogating students at school. The ramifications are far-reaching, rendering public school students as wards of the state. Once again, the courts sided with law enforcement against the rights of the people.

It’s a crime to not identify yourself when a policeman asks your name. In Hiibel v. Sixth Judicial District Court of the State of Nevada (2004), a majority of the high court agreed that refusing to answer when a policeman asks “What’s your name?” can rightfully be considered a crime under Nevada’s “stop and identify” statute. No longer will Americans, even those not suspected of or charged with any crime, have the right to remain silent when stopped and questioned by a police officer.

The cases the Supreme Court refuses to hear, allowing lower court judgments to stand, are almost as critical as the ones they rule on. Some of these cases, turned away in recent years alone, have delivered devastating blows to the rights enshrined in the Constitution.

Legally owning a firearm is enough to justify a no-knock raid by police. Justices refused to hear Quinn v. Texas (2014) the case of a Texas man who was shot by police through his closed bedroom door and whose home was subject to a no-knock, SWAT-team style forceful entry and raid based solely on the suspicion that there were legally-owned firearms in his household.

The military can arrest and detain American citizens. In refusing to hear Hedges v. Obama (2014), a legal challenge to the indefinite detention provision of the National Defense Authorization Act of 2012 (NDAA), the Supreme Court affirmed that the President and the U.S. military can arrest and indefinitely detain individuals, including American citizens. In so doing, the high court also passed up an opportunity to overturn its 1944 Korematsu v. United States ruling allowing for the internment of Japanese-Americans in concentration camps.

Students can be subjected to random lockdowns and mass searches at school. The Court refused to hear Burlison v. Springfield Public Schools (2013), a case involving students at a Missouri public school who were subjected to random lockdowns, mass searches and drug-sniffing dogs by police. In so doing, the Court let stand an appeals court ruling that the searches and lockdowns were reasonable in order to maintain the safety and security of students at the school.

Police officers who don’t know their actions violate the law aren’t guilty of breaking the law. The Supreme Court let stand a Ninth Circuit Court of Appeals decision in Brooks v. City of Seattle (2012) in which police officers who clearly used excessive force when they repeatedly tasered a pregnant woman during a routine traffic stop were granted immunity from prosecution. The Ninth Circuit actually rationalized its ruling by claiming that the officers couldn’t have known beyond a reasonable doubt that their actions—tasering a pregnant woman who was not a threat in any way until she was unconscious—violated the Fourth Amendment.

When all is said and done, what these assorted court rulings add up to is a disconcerting government mindset that interprets the Constitution one way for the elite—government entities, the police, corporations and the wealthy—and uses a second measure altogether for the underclasses—that is, you and me.

Keep in mind that in former regimes such as Nazi Germany and the Soviet Union, the complicity of the courts was the final piece to fall into place before the totalitarian beast stepped out of the shadows and into the light. If history is a guide, then the future that awaits us is truly frightening.

Time, as they say, grows short.

Why Should Anyone Trust a Government That Kills, Maims, Tortures, Lies, Spies, Cheats, and Treats Its Citizens Like Criminals?

Guest Post By John W. Whitehead
June 09, 2014

“Why should anyone trust a government that has condoned torture, spied on at least 35 world leaders, supports indefinite detention, places bugs in thousands of computers all over the world, kills innocent people with drone attacks, promotes the post office to log mail for law enforcement agencies and arbitrarily authorizes targeted assassinations? Or, for that matter, a president that instituted the Insider Threat Program, which was designed to get government employees to spy on each other and ‘turn themselves and others in for failing to report breaches,’ which includes ‘any unauthorized disclosure of anything, not just classified materials.'”Professor Henry Giroux

Why should anyone trust a government that kills, maims, tortures, lies, spies, cheats, and treats its own citizens like criminals? For that matter, why should anyone trust a government utterly lacking in transparency, whose actions give rise to more troubling questions than satisfactory answers, and whose domestic policies are dictated more by paranoia than need?

Unfortunately, “we the people” have become so trusting, so gullible, so easily distracted, so out-of-touch, so compliant and so indoctrinated on the idea that our government will always do the right thing by us that we have ignored the warning signs all around us, or at least failed to recognize them as potential red flags.

As I point out in my book A Government of Wolves: The Emerging American Police State, the consequences of this failure on both our parts—the citizenry’s and the government’s—to do our due diligence in asking the right questions, demanding satisfactory answers, and holding our government officials accountable to respecting our rights and abiding by the rule of law has pushed us to the brink of a nearly intolerable state of affairs. Intolerable, at least, to those who remember what it was like to live in a place where freedom, due process and representative government actually meant something. (Remember that the people of Stalin’s Soviet Union and Hitler’s Germany also failed to ask questions, demand answers, and hold their government officials accountable until it was too late, and we know how that turned out.)

There’s certainly no shortage of issues about which we should be asking questions of our government representatives, demanding truthful answers, and subsequently insisting on changes within our government. Keep in mind, however, that the government has mastered the art of evasion. Thus, it’s not enough to ask the questions. We need to demand answers, and when those answers aren’t forthcoming—either because a government official claims to not “know” or because it’s outside his or her jurisdiction—we need to demand that they find out.

To get the ball rolling, here are just a few dozen of the questions that require honest answers by those individuals and agencies that are supposed to be answering to us. For my part, I’m going to send this exact list of questions to my government representatives and see how responsive they are. I’d suggest you do the same.

To start with, what’s the rationale behind turning government agencies into military outposts? There has been a notable buildup in recent years of SWAT teams within non-security-related federal agencies such as Department of Agriculture, the Railroad Retirement Board, the Tennessee Valley Authority, the Office of Personnel Management, the Consumer Product Safety Commission, the U.S. Fish and Wildlife Service and the Education Department. As of 2008, “73 federal law enforcement agencies… [employ] approximately 120,000 armed full-time on-duty officers with arrest authority.” Four-fifths of those officers are under the command of either the Department of Homeland Security (DHS) or the Department of Justice.

What’s with all of the government agencies stockpiling hollow point bullets? For example, why does the Department of Agriculture need .40 caliber semiautomatic submachine guns and 320,000 rounds of hollow point bullets? For that matter, why do its agents need ballistic vests and body armor?

Why does the Postal Service need “assorted small arms ammunition”? Why did the DHS purchase “1.6 billion rounds of hollow-point ammunition, along with 7,000 fully-automatic 5.56x45mm NATO ‘personal defense weapons’ plus a huge stash of 30-round high-capacity magazines”? That’s in addition to the FBI’s request for 100 million hollow-point rounds. The Department of Education, IRS, the Social Security Administration, and the National Oceanic and Atmospheric Administration, which oversees the National Weather Service, are also among the federal agencies which have taken to purchasing ammunition and weaponry in bulk.

Why is the federal government distributing obscene amounts of military equipment, weapons and ammunition to police departments around the country? And why is DHS acquiring more than 2,500 Mine-Resistant Armored Protection (MRAP) vehicles, only to pass them around to local police departments across the country? According to the New York Times:

[A]s President Obama ushers in the end of what he called America’s “long season of war,” the former tools of combat — M-16 rifles, grenade launchers, silencers and more — are ending up in local police departments, often with little public notice. During the Obama administration, according to Pentagon data, police departments have received tens of thousands of machine guns; nearly 200,000 ammunition magazines; thousands of pieces of camouflage and night-vision equipment; and hundreds of silencers, armored cars and aircraft. The equipment has been added to the armories of police departments that already look and act like military units.

Why is the military partnering with local police to conduct training drills around the country? And what exactly are they training for? In Richland South Carolina, for instance, U.S. army special forces are participating in joint and secretive exercises and training with local deputies. The public has been disallowed from obtaining any information about the purpose of the drills, other than that they might be loud and to not be alarmed. The Army and DHS also carried out similar drills and maneuvers involving Black Hawk helicopters in Texas, Florida, and other locations throughout the U.S., ostensibly in order to provide officers with realistic urban training.

What is being done to protect the American populace from the threat of military arms and forces, including unarmed drones, being used against them? Policy analysts point to Directive No. 3025.18, “Defense Support of Civil Authorities” (issued on Dec. 29, 2010), as justification for the government’s use of military force to put down civil unrest within the United States.

Why is FEMA stockpiling massive quantities of emergency supplies? On January 10, 2014, FEMA made a statement enlisting the service of contractors who could “supply medical biohazard disposal capabilities and 40 yard dumpsters to 1,000 tent hospitals across the United States; all required on 24-48 hour notice.” This coincides with other medical requests seeking massive amounts of supplies, such as “31,000,000 flu vaccinations,” “100,000 each of winter shirts and pants and the same for summer” and other goods and services requests as well like tarps, manufactured housing units, and beverages. And why does the TSA need $21,000 worth of potassium chlorate, a chemical compound often used in explosives?

Why is the Pentagon continuing to purchase mass amounts of ammunition while at the same time preparing to destroy more than $1 billion worth of bullets and missiles that are still viable?

Moreover, what is really being done to hold the Pentagon accountable for its doctored ledgers, fraud, waste and mismanagement, which has cost the taxpayer trillions of dollars? According to Reuters, “The Pentagon is the only federal agency that has not complied with a law that requires annual audits of all government departments. That means that the $8.5 trillion in taxpayer money doled out by Congress to the Pentagon since 1996, the first year it was supposed to be audited, has never been accounted for. That sum exceeds the value of China’s economic output last year.”

Given the similarities between the government’s Live Active Shooter Drill training exercises, carried out at schools, in shopping malls, and on public transit, which can and do fool law enforcement officials, students, teachers and bystanders into thinking it’s a real crisis, how much of what is being passed off as real is, in fact, being staged by DHS for the “benefit” of training law enforcement, leaving us none the wiser? These training exercises come complete with their own set of professionally trained Crisis Actors playing the parts of shooters, bystanders and victims in order to help “schools and first responders create realistic drills, full-scale exercises, high-fidelity simulations, and interactive 3D films.”

Given that Americans are 110 times more likely to die of foodborne illness than in a terrorist attack, why is the government spending trillions of dollars on “national security”? How exactly is the $75 billion given to 15 intelligence agencies annually to keep us “safe” being spent? And why is the DHS giving away millions of dollars’ worth of federal security grants to states that federal intelligence agencies ruled have “no specific foreign or domestic terrorism threat”?

Why is the government amassing names and information on Americans considered to be threats to the nation, and what criteria is the government using for this database? Keep in mind that this personal information is being acquired and kept without warrant or court order. It’s been suggested that in the event of nuclear war, the destruction of the US Government, and the declaration of martial law, this Main Core database, which as of 2008 contained some 8 million names of Americans, would be used by military officials to locate and round up Americans seen as threats to national security, a program to be carried about by the Army and FEMA.

Taken individually, these questions are alarming enough. However, when viewed collectively, they leave one wondering what exactly the U.S. government is preparing for and whether American citizens shouldn’t be preparing, as well, for that eventuality when our so-called “government of the people, by the people, for the people” is no longer answerable to “we the people.”

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

By John W. Whitehead
June 02, 2014

“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.

Raising Up Compliant Children in the American Police State

Guest Post By John W. Whitehead

“[The aim of public education is not] to fill the young of the species with knowledge and awaken their intelligence. . . . Nothing could be further from the truth. The aim . . . is simply to reduce as many individuals as possible to the same safe level, to breed and train a standardized citizenry, to put down dissent and originality. That is its aim in the United States…”Henry Mencken, American Journalist (April 1924)

How do you persuade a nation of relatively freedom-loving individuals to march in lock step with a police state? You start by convincing them that they’re in danger, and only the government can protect them. Keep them keyed up with constant danger alerts, and the occasional terrorist incident, whether real or staged. Distract them with wall-to-wall news coverage about sinking ships, disappearing planes and pseudo-celebrities spouting racist diatribes. Use blockbuster movies, reality shows and violent video games to hype them up on military tactics, and then while they’re distracted and numb to all that is taking place around them, indoctrinate their young people to your way of thinking, relying primarily on the public schools and popular culture.

After all, public education the world over has always been the vehicle for statist propaganda of one sort or another, whether it’s religion, militarism, democracy or totalitarianism, and America is no exception. In fact, today’s public schools, far from being bastions of free speech, are merely microcosms of the world beyond the schoolhouse gates, and increasingly, it’s a world hostile to freedom.

As I show in my book A Government of Wolves: The Emerging American Police State, within America’s public schools can be found almost every aspect of the American police state that plagues those of us on the “outside”: metal detectors, surveillance cameras, militarized police, drug-sniffing dogs, tasers, cyber-surveillance, random searches, the list goes on. Whether it takes the form of draconian zero tolerance policies, overreaching anti-bullying statutes, police officers charged with tasering and arresting so-called unruly children, standardized testing with its emphasis on rote answers, political correctness, or the extensive surveillance systems cropping up in schools all over the country, young people in America are first in line to be indoctrinated into compliant citizens of the new American police state.

Zero tolerance policies, which punish all offenses severely, no matter how minor, condition young people to steer clear of doing anything that might be considered out of line, whether it’s pointing their fingers like a gun, drawing on their desks, or chewing their gum too loudly. Although the Obama administration recently called on schools to rethink how they discipline and punish students who misbehave, their guidelines to help schools re-evaluate their disciplinary policies fail to address the source of the problem: the quasi-prison atmosphere of public schools.

Surveillance technologies, used by school officials, police, NSA agents, and corporate entities to track the everyday activities of students, accustom young people to life in an electronic concentration camp, with all of their movements monitored, their interactions assessed, and their activities recorded and archived. For example, the Department of Education (DOE) has created a system to track, archive and disseminate data on every single part of a child’s educational career with colleges and state agencies such as the Department of Labor and the offices of Technology and Children and Family Services. The system relies on a database called inBloom, which is funded by corporate magnates such as the Bill and Melinda Gates Foundation and Rupert Murdoch’s News Corp. DOE has also received $40 million from various state and federal agencies to help fund the program.

Metal detectors at school entrances and police patrolling school hallways acclimatize young people to being viewed as suspects. Funded in part by federal grants, school districts across the country have “paid local police agencies to provide armed ‘school resource officers’ for high schools, middle schools and sometimes even elementary schools.” As the New York Times reports, “Hundreds of additional districts, including those in Houston, Los Angeles and Philadelphia, have created police forces of their own, employing thousands of sworn officers.” The problem, of course, is that the very presence of these police officers in the schools results in greater numbers of students being arrested or charged with crimes for nonviolent, childish behavior. In Texas, for example, school police officers write more than 100,000 misdemeanor tickets a year, each ticket amounting to hundreds of dollars in court fines—a convenient financial windfall for the states. All too often, these incidents remain on students’ permanent records, impacting college and job applications.

Weapons of compliance, such as tasers which deliver electrical shocks lethal enough to kill, not only teach young people to fear the police, the face of our militarized government, but teach them that torture is an accepted means of controlling the population. It’s a problem that has grown exponentially as the schools have increasingly clamored for—and hired on—their own police forces. One high school student in Texas suffered severe brain damage and nearly died after being tasered. A 15-year-old disabled North Carolina student was tasered three times, resulting in punctured lungs. A New York student was similarly tasered for lying on the floor and crying.

Standardized testing and Common Core programs, which discourage students from thinking for themselves while rewarding them for regurgitating whatever the government, through its so-called educational standards, dictates they should be taught, will create a generation of test-takers capable of little else, molded and shaped by the federal government and its corporate allies into what it considers to be ideal citizens. Incredibly, despite the fact that the U.S. invests more money in public education (roughly $8,000 per child per year) than many other developed countries, we rank 27th in the world for school educational achievement.

Overt censorship, monitoring and political correctness, which manifest themselves in a variety of ways, from Internet filters on school computers to sexual harassment policies, habituate young people to a world in which nonconformist, divergent, politically incorrect ideas and speech are treated as unacceptable or dangerous. In such an environment, a science teacher criticizing evolution can get fired for insubordination, a 9-year-old boy remarking that his teacher is “cute” can be suspended for sexual harassment, students detected using their smart phones during class time can be reported for not paying attention in class, and those accused of engaging in “bullying, cyber-bullying, hate and shaming activities, depression, harm and self harm, self hate and suicide, crime, vandalism, substance abuse and truancy” on social media such as Twitter or Facebook, will have their posts and comments analyzed by an outside government contractor.

So far I’ve only mentioned what’s happening within the public schools. It doesn’t even begin to touch on extracurricular activities such as the Explorers program, which trains young people—“ages 14 to 21 who have a C average”—to be future agents of the police state. Explorers meet weekly, train for competitions and spend their weekends working on service projects. In one Border Patrol training exercise, teenagers as young as 14, suited up in military gear with lethal-looking airsoft guns, were “instructed on how to quiet an obstreperous lookout,” reports the New York Times. “Put him on his face and put a knee in his back,” a Border Patrol agent explained. “I guarantee that he’ll shut up.”

Then there’s the military’s use of video games and blockbuster movies to propagandize war and recruit young people. Thanks to a collaboration between the Department of Defense and the entertainment industry, the American taxpayer is paying for what amounts to a propaganda campaign aimed at entrenching the power of the military in American society. As author Nick Turse points out, “Today, almost everywhere you look, whether at the latest blockbuster on the big screen or what’s on much smaller screens in your own home – likely made by a defense contractor like Sony, Samsung, Panasonic or Toshiba – you’ll find the Pentagon or its corporate partners.”

What’s really unnerving, however, are the similarities between our own system of youth indoctrination and that of Nazi Germany, with its Hitler Youth programs and overt campaign of educational indoctrination. Now before I’m drowned out by howls of outrage, note that while I am not suggesting the United States is deliberately attempting to raise up a generation of Hitler Youth, our schools and society at large are teaching young people to march in lockstep with the all-powerful government—which may be just as dangerous in the end.

You don’t have to take my word for it. The United States Holocaust Memorial Museum provides some valuable insight into education in the Nazi state, which was responsible for winning “millions of German young people … over to Nazism in the classroom and through extracurricular activities.” The similarities are startling, ranging from the dismissal of teachers deemed to be “politically unreliable” to the introduction of classroom textbooks that taught students obedience to state authority and militarism. “Board games and toys for children served as another way to spread racial and political propaganda to German youth. Toys were also used as propaganda vehicles to indoctrinate children into militarism.” And then there was the Hitler Youth, a paramilitary youth group intended to train young people for future service in the armed forces and government.

Hitler himself recognized the value of indoctrinating young people. As he noted, “When an opponent declares, ‘I will not come over to your side, and you will not get me on your side,’ I calmly say, ‘Your child belongs to me already. A people lives forever. What are you? You will pass on. Your descendants however now stand in the new camp. In a short time they will know nothing else but this new community.’”

We’re certainly not doing ourselves or our young people any favors by allowing them to be indoctrinated into a police state mindset from early on, with no knowledge that they have any rights or any sense that they are the descendants of revolutionaries who stood up to tyrannical regimes.

If there is one glimmer of hope for this younger generation, it may be found in the unlikeliest of places: young adult literature, specifically dystopian literature, which is all the rage among young people today. Serial books such as Harry Potter, The Hunger Games, The Bone Season and The Giver all speak to a growing awareness among young people that the future awaiting them is far from secure, and that freedom ultimately rests in their ability to take on the powers-that-be.

LIGHTS, CAMERA, YOU’RE UNDER ARREST

Guest Post by John W. Whitehead

Lights, Camera, Arrested: Americans Are Being Thrown in Jail for Filming Police

 

“I thought I had freedom of speech here,” the man said to the police officer.
“You don’t. You just lost it,” the officer replied.

Once again, the U.S. government is attempting to police the world when it should be policing its own law enforcement agencies. We’ve got a warship cruising the Black Sea, fighter jets patrolling the Baltic skies, and a guided-missile destroyer searching the South China Sea for the downed Malaysia Airlines flight. All the while, back home in the U.S., our constitutional rights are going to hell in a hand basket, with homeowners being threatened with eviction for attempting to live off the grid, old women jailed for feeding crows, and citizens armed with little more than a cell phone arrested for daring to record police activities.

Robin Speronis now finds herself threatened with eviction from her own Florida home for daring to live off the grid, independent of city utilities such as water and electricity. City officials insist the Cape Coral resident’s chosen way of life violates international property maintenance code and city ordinances. Mary Musselman, also a Florida resident, is being held in jail without bond for “feeding wild animals.” The 81-year-old Musselman, on probation after being charged with feeding bears near her home, was arrested after officers discovered her leaving bread out for crows. Meanwhile, Brandy Berning of Florida was forced to spend a night in jail after recording her conversation with an officer who pulled her over for a routine traffic stop.

Welcome to the farce that passes for law and order in America today, where, as I point out in my book A Government of Wolves: The Emerging American Police State, crime is low, militarized police activity is on the rise, and Americans are being penalized for living off the grid, feeding wild animals, holding Bible studies in their back yard, growing vegetables in their front yard, collecting rainwater, and filming the police.

This latter point should really stick in your craw. Consider the irony: the government insists it can carry out all manner of surveillance on us—listen in on our phone calls, read our emails and text messages, track our movements, photograph our license plates, even enter our biometric information into DNA databases—but if we dare to return the favor, even a little, we get roughed up by the police, arrested, charged with violating various and sundry crimes (often trumped up), and forced to make restitution.

For example, George Thompson of Boston was arrested after he used his cell phone to record a police officer he describes as being “out of control.” University of Texas college student Abie Kyle Ikhinmwi was arrested after recording a police speed trap with her cell phone. Kansas teen Addison Mikkelson was arrested after filming a patrol car allegedly speeding and failing to use a turn signal.

Leon Rosby was filming a police standoff in June 2013, his cellphone in one hand and his dog’s leash in the other, when three officers approached him. Anticipating a problem, Rosby placed his 2-year-old Rottweiler, Max, in his car. The LA Times reports: “As officers cuffed Rosby, the dog escaped through an open window and began to bark and lunge at officers. One officer tried to grab the dog’s leash, then drew his gun and fired four shots, killing Max. Video of the incident went viral on YouTube, prompting a public outcry and drawing protesters to the Police Department headquarters.” Rosby has now filed a civil rights lawsuit against the city and the three police officers.

And then there is the Baltimore man who was threatened by police after they discovered him filming them during an arrest. The local CBS station ran the footage of the ensuing confrontation, which went something like this:

“I’m allowed to do this,” the man told the officer.

“Get it out of my face,” the officer replied.

“I have my rights,” the man said.

“You have no rights,” the officer said.

But the man didn’t stop rolling and was once again aggressively approached.

“Do you see the police presence here? Do you see us all? We’re not [expletive] around. Do you understand? Do not disrespect us and do not not listen to us,” the officer said. “Now walk away and shut your [expletive] mouth or you’re going to jail, do you understand?”

After backing away, the officer came at the man a third time, appearing to grab him.

“I thought I had freedom of speech here,” the man said.

“You don’t. You just lost it,” the officer replied.

And that, in a nutshell, is what happens when law enforcement officials—not just the police, but every agent of the government entrusted with enforcing laws, from the president on down—are allowed to discard the law when convenient. At the point where there’s a double standard at play, where the only ones having to obey the law are the citizenry and not the enforcers, then that vital “social contract” that John Locke envisioned as the basis for society breaks down. The more we allow government officials to operate outside the law, the more we ensure that the law becomes only a tool to punish us, rather than binding and controlling the government, as it was intended.

This brings me back to the problem of Americans getting arrested for filming the police. Until recently, this has primarily been a problem experienced by journalists and photographers attempting to document political protests and other disturbances involving the police. However, with the preponderance of smart phones capable of recording audio and video, individuals who dare to record police engaged in questionable or abusive activities in public are increasingly finding themselves on the receiving end of the harsh treatment they intended to document. These videos, if widely distributed, can be a powerful method of subjecting police to closer scrutiny and holding them accountable to respecting the rights of those they are supposed to serve.

Naturally, police agencies and unions have sought out legal prohibitions on such videos from being created. Massachusetts police, for instance, have invoked a state surveillance law to charge citizen video-makers criminally for their actions. Because the state surveillance law requires “two-party” consent, most kinds of public filming can be construed as illegal. Similar laws exist in California, Florida, Illinois, Michigan, and Pennsylvania. The law was enacted to protect private citizens from invasive surveillance, but the police have exploited it to curtail free speech that tarnishes their public image. Police claim that this regulation gives them legal justification to prohibit filming by citizens such as Jeffrey Manzelli, a journalist who recorded the police intimidating protesters at a rally and was arrested and charged under the law.

Saddled with costly lawsuits brought by individuals allegedly brutalized by police who didn’t appreciate their actions being filmed, a few cities across the country are attempting to adopt policies to protect citizens who film the police. In Troy, N.Y., for example, city police officers would face a fine and jail time if they stop people from legally photographing or filming them. If adopted, the Troy ordinance, which would carry a maximum $5,000 fine and a jail term of up to 15 days for an officer found guilty of violating it, would be the first of its kind in the country.

As part of a $200,000 legal settlement, Indianapolis police will soon be required to remind its officers that citizens have a legal right to videotape on-duty police officers. The case arose after a 66-year-old Indianapolis resident was tackled to the ground, arrested and charged with resisting arrest, disorderly conduct and public intoxication (he was found not guilty of the charges) after he used his cellphone to record police arresting a young man in his neighbor’s driveway. There is also a movement afoot to equip police with on-officer cameras that would provide footage of what an officer sees.

The courts, thus far, have favored the First Amendment rights of eyewitness filmmakers, even in the face of state efforts to outlaw such activities. In 2012, the U.S. Supreme Court refused to hear an appeal of an Illinois eavesdropping law that makes recording law enforcement officers a first-class felony punishable by up to 15 years in prison. In 2013, the U.S. Department of Justice issued a statement of interest in the case of Mannie Garcia v. Montgomery County, Md., declaring that not only do individuals have a First Amendment right to record officers publicly doing their duties, they also have Fourth and Fourteenth Amendment rights protecting them from having those recordings seized without a warrant or due process.

The Garcia case involves a journalist who was arrested and charged with disorderly conduct for filming police as they detained two men. According to the lawsuit, police “dragged Garcia to the police car, put him in handcuffs, threw him to the ground by kicking his feet out from under him, taunted him, threatened to arrest his wife if she came too close and took his camera, and seized the memory card, which was never returned.”

The problem, as the U.S. Court of Appeals for the Seventh Circuit recognized in Payne v. Pauley, is that “[p]olice officers must be more thick skinned than the ordinary citizen and must exercise restraint in dealing with the public” and “must not conceive that every threatening or insulting word, gesture, or motion amounts to disorderly conduct.”

The difficulty we face is that police officers are becoming increasingly thin skinned, less restrained in dealing with the public, and more inclined to conceive every word, gesture, or motion as a threat. In an ideal world, police would recognize that, as public servants, they are rightfully subject to recording and surveillance when carrying out their public duties. Unfortunately, this is far from an ideal world.

So what are we to do?

We must continue to stand up for our rights, record police when the opportunity presents itself, and politely remind any offended officers that they are, in fact, our public servants and, as such, their behavior is subject to public scrutiny. If they disagree and attempt to stop us from recording, we can refer them to the U.S. Constitution, which they have sworn to uphold, which protects our right to record matters of public interest. And if they continue to insist on hauling people to jail because they don’t like the idea of transparency and accountability, they can take it up with the courts. The goal is to eventually arrive at a point where we can keep a watchful eye on our government officials, instead of the other way around. As Justice Louis D. Brandeis once observed, “Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”

Vigilantes with a Badge: The War Against the American People

 

Guest Post by John W. Whitehead from the Rutherford Institute

“We live in a small rural town. Moved here in 1961. I don’t remember what year the State Troopers moved a headquarters into our town. Our young people were plagued with tickets for even the smallest offense. Troopers had to get their limits for the month. People make jokes about that but it has been true. Every kid I knew was getting ticketed for something. But now it is so much worse. I raised my kids to respect police. If they did something wrong and got caught they deserved it and should take their punishment. But now I have no respect for the police. I feel threatened and fearful of them. They are aggressive and intimidating. They lie and are abusive and we do not know how to fight them. I am not a minority here but people are afraid if they speak out they will be targeted. We are just a small town. I just don’t care anymore if they do target me. I am afraid they are going to kill someone.”—Letter from a 60-year-old grandmother

The following incidents are cautionary tales for anyone who still thinks that they can defy police officers, even if it’s simply to disagree about a speeding ticket, challenge a search warrant or defend oneself against an unreasonable or unjust charge, without deadly repercussions. The message they send is that “we the people” have very little protection from the standing army that is law enforcement.

For example, Seattle police repeatedly tasered seven-months pregnant Malaika Brooks for refusing to sign a speeding ticket. While Brooks bears permanent burn scars on her body from the encounter, police were cleared of any wrongdoing on the grounds that they didn’t know that tasering a pregnant woman was wrong.

Eight Los Angeles police officers fired 103 bullets at two women in a newspaper delivery truck they mistook for a getaway car during a heated manhunt. The older woman was shot twice in the back and the other was wounded by broken glass. The women were offered a $4.2 million settlement for their injuries, while the officers were reprimanded for acting inappropriately, “retrained” and put back on the streets.

During the course of a routine investigation, a group of Los Angeles police officers beat, punched, and tasered Kelly Thomas, schizophrenic, homeless and suspected of vandalizing cars, until he was brain dead. The two officers charged for their role in the beating were acquitted and will face no time in prison. A third officer who was supposed to be charged will also walk free.

New York City police, pursuing a man who had reportedly been weaving among cars in Times Square, fired into a crowd, shooting a 54-year-old woman in the knee and another woman in the buttocks. Although the officers faced no repercussions for their reckless behavior, prosecutors charged the suspect with felony assault on the grounds that he was responsible for the injuries caused by the police.

Chicago police arrested, beat, and sodomized with a gun Angel Perez, pushing in his eye sockets, driving his elbows back into his head, and sticking a gun into his rectum, all in an effort to “persuade” him to be a drug informant. All of the officers remain in active duty, patrolling the streets.

Houston police shot and killed Brian Claunch, a mentally ill double amputee, who had refused to drop a ballpoint pen. The police officer was cleared of any misconduct and remains on the force. Curiously, in the last six years, the Houston Police Department has yet to find a single police shooting unjustified. Between 2007 and 2012, the HPD officers injured 111 civilians while fatally shooting 109 people.

This phenomenon we are experiencing with the police is what philosopher Abraham Kaplan referred to as the law of the instrument, which essentially says that to a hammer, everything looks like a nail. In the scenario that has been playing out in recent years, we the citizenry have become the nails to be hammered by the government’s henchmen, a.k.a. its guns for hire, a.k.a. its standing army, a.k.a. the nation’s law enforcement agencies.

Indeed, there can no longer be any doubt that armed police officers, the end product of the government—federal, local and state—and law enforcement agencies having merged, have become a “standing” or permanent army, composed of full-time professional soldiers who do not disband. Yet these permanent armies are exactly what those who drafted the U.S. Constitution and Bill of Rights feared as tools used by despotic governments to wage war against its citizens.

That is exactly what we are witnessing today: a war against the American citizenry.

Let that sink in a moment, and then consider that not a day goes by without reports of police officers overstepping the bounds of the Constitution and brutalizing, terrorizing and killing the citizenry. Indeed, the list of incidents in which unaccountable police abuse their power, betray their oath of office and leave taxpayers bruised, broken and/or killed grows longer and more tragic by the day to such an extent that Americans are now eight times more likely to die in a police confrontation than they are to be killed by a terrorist.

Making matters worse, when these officers, who have long since ceased to be peace officers, violate their oaths by bullying, beating, tasering, shooting and killing their employers—the taxpayers to whom they owe their allegiance—they are rarely given more than a slap on the hands before resuming their patrols. Ironically, even when the victims are awarded multi-million dollar settlements to compensate for the injuries suffered at the hands of out-of-control police, amped up on the power of the badge and the gun, it’s the taxpayers who must sacrifice, scrimp and save in order to pay for their transgressions, all the while, the officers, never held accountable for their actions, continue to collect regular paychecks, benefits and pensions.

Before I am drowned out by howls of outrage from those who consider all individuals in uniform blameless and noble to a fault, let me acknowledge that there are undeniably many honorable law enforcement officials (some of whom are among my closest friends) who strive to abide by their oath to uphold the Constitution and serve and protect the citizens of their communities. However, they are fast becoming a minority in a sea of police officers who take advantage of their broad discretion and repeatedly step beyond the bounds of the law, ignoring their responsibility to respect the Bill of Rights. These latter individuals are little more than vigilantes—albeit vigilantes with a badge—and our communities are presently being overrun by individuals entrusted with enforcing the law who are allowed to operate above the law and break the laws with impunity.

This lawlessness on the part of law enforcement, an unmistakable characteristic of a police state, is made possible in large part by police unions which routinely oppose civilian review boards and resist the placement of names and badge numbers on officer uniforms; police agencies that abide by the Blue Code of Silence, the quiet understanding among police that they should not implicate their colleagues for their crimes and misconduct; prosecutors who treat police offenses with greater leniency than civilian offenses; courts that sanction police wrongdoing in the name of security; and legislatures that enhance the power, reach and arsenal of the police.

As I document in my book A Government of Wolves: The Emerging American Police State, we’re entering the final phase of America’s transition to authoritarianism, a phase notable for its co-opting of civilian police as military forces. American police forces were never supposed to be a branch of the military, nor were they meant to be private security forces for the reigning political faction. Instead, they were intended to be an aggregation of countless local police units, composed of citizens like you and me that exist for a sole purpose: to serve and protect the citizens of each and every American community.

As a result of the increasing militarization of the police in recent years, however, the police now not only look like the military—with their foreboding uniforms and phalanx of lethal weapons—but they function like them, as well. Thus, no more do we have a civilian force of peace officers entrusted with serving and protecting the American people. Instead, today’s militarized law enforcement officials have shifted their allegiance from the citizenry to the state, acting preemptively to ward off any possible challenges to the government’s power, unrestrained by the boundaries of the Fourth Amendment. As journalist Herman Schwartz observed, “The Fourth Amendment was designed to stand between us and arbitrary governmental authority. For all practical purposes, that shield has been shattered, leaving our liberty and personal integrity subject to the whim of every cop on the beat, trooper on the highway and jail official.”

This brings me to the looming question, the one to which there is no easy answer: what can “we the people” do to protect themselves from the police? While there are scattered attempts to combat police abuses underway, ranging from increased surveillance of on-duty police officers through the use of lapel cameras, and campaigns to film police interactions with one’s smart phone, to legislation authorizing citizens to use force against a police officer who is acting unlawfully, few bring about any lasting change.

The solution is far simpler yet so much more difficult to achieve. As with all things—no matter what level of government, whether you’re talking about abuses within law enforcement, Congress, the National Security Agency, or within your own community—for real change to occur, it will take Americans getting outraged enough to speak up and speak out. It will take them showing up at City Council meetings, picketing in front of police stations, and demanding that their concerns, complaints and fears about police brutality—not only for themselves but for their fellow citizens of lesser incomes, darker skin tones and questionable lifestyles—be acknowledged and acted upon.

To put it another way, there can be no hope for freedom unless “we the people” recognize that every time the police shoot an unarmed citizen, taser an elderly person, or beat someone senseless or crash through a homeowner’s door, they are really shooting me, tasering you, and beating senseless your children, your neighbors and your loved ones.