By John W. Whitehead
March 13, 2017
March 13, 2017
“The first and most important thing
to understand about politics is this: forget Right, Left, Center, socialism,
fascism, or democracy. Every government that exists — or ever existed, or ever
will exist — is a kleptocracy, meaning ‘rule by thieves.’ Competing ideologies
merely provide different excuses to separate the Productive Class from what
they produce. If the taxpayer/voters won’t willingly fork over to end poverty,
then maybe they’ll cough up to fight drugs or terrorism. Conflicting
ideologies, as presently constituted, are nothing more than a cover for what’s
really going on, like the colors of competing gangs.” — Author L. Neil Smith
The American kleptocracy (a
government ruled by thieves) continues to suck the American people down a
rabbit hole into a parallel universe in which the Constitution is meaningless,
the government is all-powerful, and the citizenry is powerless to defend itself
against government agents who steal, spy, lie, plunder, kill, abuse and
generally inflict mayhem and sow madness on everyone and everything in their
sphere.
Case in point: in the same week that
Wikileaks dropped its bombshell about the CIA’s use of spy tools to subject
law-abiding Americans to all manner of government surveillance and hacking—a revelation that caused barely a ripple of concern
among the citizenry - the government quietly and with little fanfare continued to
wage its devastating, stomach-churning, debilitating war on the American
people.
Incredibly, hardly anyone noticed.
This begs the question: if the
government is overstepping its authority, abusing its power, and disregarding
the rule of law but no one seems to notice—and no one seems to care—does it
matter if the government has become a tyrant?
Here’s my short answer: when
government wrongdoing ceases to matter, America will have ceased to be.
Just consider the devastation wrought
in one week in the life of our American kleptocracy:
On Monday, March 6, police were given
the go-ahead to keep stealing from Americans who were innocent of any
wrongdoing.
In refusing to hear a challenge to
Texas’ asset forfeiture law, the U.S. Supreme Court allowed Texas police to keep
$201,000 in ill-gotten cash primarily
on the basis that the seized cash—the proceeds of a home sale—was being
transported on a highway associated with illegal drug trade, despite any proof
of illegal activity by the owner. Asset forfeiture laws, which have come under
intense scrutiny and criticism in recent years, allow the police to seize
property “suspected” of being connected to criminal activity without having to
prove the owner of the property is guilty of a criminal offense.
On April 1, 2013, James Leonard was
driving with a companion, Nicosa Kane, on U.S. Highway 59 in Texas when the
vehicle was stopped by a state police officer for allegedly speeding and
following another vehicle too closely. A subsequent search of the vehicle
disclosed a safe in the trunk, which Leonard explained belonged to his mother,
Lisa Leonard, and contained cash. When the police officer contacted Lisa
Leonard, she confirmed that the safe’s contents belonged to her, that the
contents constituted personal business, and that she would not consent to
allowing the officer to open the safe. After police secured a search warrant,
the safe was opened and found to contain $201,000 and a bill of sale for a home
in Pennsylvania.
Neither the Leonards nor Kane were
found to be in possession of illegal drugs. However, the state initiated civil
forfeiture proceedings against the $201,100 on the ground that it was
substantially connected to criminal activity because Highway 59 is reputed to
be a drug corridor. At trial, Lisa Leonard testified that the money was being
sent to Texas so that she could use it to purchase a home for her son and Kane.
Both the trial and appeals courts affirmed the authority of state officials to
seize and keep Leonard’s funds under the state’s asset forfeiture law, basing
their ruling on wholly circumstantial evidence and the reputation of Highway
59. Leonard then asked the U.S. Supreme
Court to compel Texas to return her money, given that she was innocent of any crime. In refusing
to hear the case on a technicality, the Supreme Court turned its back on
justice and allowed the practice of policing for profit to continue.
On Tuesday, March 7, hacked
information about the surveillance state was met with a collective shrug by the
public, a sign of how indifferent the citizenry has become to living in an
electronic concentration camp.
Wikileaks confirmed what we’ve
suspected all along: the government’s ability to spy on law-abiding Americans
is far more invasive than what we’ve been told. According to the Wikileaks Vault 7 data dump, government agencies such as the CIA and the NSA have
been spying on the citizenry through our smart TVs, listening in on our phone
calls, hacking into our computerized devices (including our cars), and
compromising our security systems through the use of Trojan horses, spyware and
malware.
As this Wikileaks revelation
confirms, we now have a fourth branch of government. This fourth branch came
into being without any electoral mandate or constitutional referendum, and yet
it possesses superpowers, above and beyond those of any other government agency
save the military. It is all-knowing, all-seeing and all-powerful. It operates
beyond the reach of the president, Congress and the courts, and it marches in
lockstep with the corporate elite who really call the shots in Washington, DC.
You might know this branch of
government as Surveillance, but I prefer “technotyranny,” a term coined by
investigative journalist James Bamford to refer to an age of technological
tyranny made possible by government secrets, government lies, government spies
and their corporate ties. Beware of what you say, what you read, what you
write, where you go, and with whom you communicate, because it will all be
recorded, stored and used against you eventually, at a time and place of the
government’s choosing.
Privacy, as we have known it, is
dead.
On Wednesday, March 8, police were
given further incentives to use the “fear for my life” rationale as an excuse
for shooting unarmed individuals.
Upon arriving on the scene of a
nighttime traffic accident, an Alabama police officer shot a driver exiting his
car, mistakenly believing the wallet in
his hand to be a gun. From
the time the driver stumbled out of his car, waving his wallet in the air, to
the time he was shot in the abdomen, only six seconds had elapsed. Although the
Eleventh Circuit Court of Appeals concluded “that a reasonable officer in
Hancock’s position would have feared for his life,” the video footage makes
clear that the courts continue to march in lockstep with the police, because no
reasonable person would shoot first and ask questions later.
A report by the Justice Department on
police shootings in Philadelphia, which boasts the fourth largest police
department in the country, found that half of the unarmed people shot by police
over a seven-year span were “shot because the officer saw
something (like a cellphone) or some action (like a person pulling at the waist
of their pants) and misidentified it as a threat.”
What exactly are we teaching these
young officers in the police academy when the slightest thing, whether it be a
hand in a pocket, a man running towards them, a flashlight on a keychain, a
wallet waved in a hand, or a dehumanizing stare can ignite a strong enough
“fear for their safety” to justify doing whatever is deemed necessary to
neutralize the threat, even if it means firing on an unarmed person?
On Thursday, March 9, police were
given even more leeway in how much damage they can inflict on those they serve
and the extent to which they can disregard the Constitution.
The Fourth Circuit Court of Appeals
ruled in favor of a police officer who allowed a police
dog to maul a homeless man innocent of any wrongdoing. The case arose in 2010 after a police dog attacked a
homeless man near an abandoned house where police were tracking a robbery
suspect. The cop refused to call off the dog immediately, despite the man’s
pleading and the fact that he did not match the description of the robbery
suspect. The homeless man suffered deep bites on his hand, arm and thigh, that
required a nearly 16-inch skin graft, as well as severe bleeding, bruising,
swelling and an arterial blood clot. Incredibly, not only did the court declare
that the police officer was protected by qualified immunity, which incentivizes
government officials to violate constitutional rights without fear of
repercussion, but it had the nerve to suggest that being mauled by a police dog
is the equivalent of a lawful Terry stop in which police may
stop and hold a person for questioning on the basis of “reasonable suspicion.”
Also on March 9, government officials
assured the Michigan Supreme Court that there was nothing unlawful,
unreasonable or threatening about the prospect of armed police dressed in SWAT
gear knocking on doors at 4 a.m. and “asking” homeowners to engage in warrantless “knock-and-talk”
sessions. Although
government lawyers insist citizens can choose to say no to such heavy-handed
requests by police to conduct unwarranted interrogations, if such coercive
tactics are allowed, it would give SWAT teams further incentive to further
terrorize anyone even remotely—or mistakenly—suspected of wrongdoing without
fear of repercussion.
On Friday, March 10, the military
industrial complex continued to wage war abroad, while government agencies,
including members of the military, remained embroiled in controversies over
sexual misconduct.
A day after military brass defended the U.S.-led raid in Yemen
that killed 10 children and at least six women, Gen. Joseph Votel, the head of U.S. Central Command,
informed members of Congress that even more U.S. troops were needed in
Afghanistan to combat the Taliban. Some 8400 American troops have been
stationed in Afghanistan since
the U.S. invaded the country post 9/11. Approximately 400 more Marines are being sent to
Syria to aid U.S.
forces in their fight against ISIS.
That same day, news reports indicated
that members of several branches of the U.S. military, including the Marines,
have been using online bulletin boards to either
share or solicit nude or explicit photos and videos of women in the military. One Facebook page for Marines, which has nearly
30,000 followers, contained graphic language about how the women photographed,
some without their knowledge or consent, should be treated. As the Center for
Investigative Reporting (CIR) revealed, “One member of the Facebook group
suggested that the service member sneaking the photos should ‘take her out back and pound her out.’ Others suggested more than vaginal sex: ‘And
butthole. And throat. And ears. Both of them. Video it though … for science.’”
According to CIR, the photo sharing began less than a
month after the first Marine infantry unit was assigned women.
The FBI has also been getting in on
the photo-sharing gig, only its agents have been distributing child porn,
allegedly in an effort to catch consumers of child porn. Curiously, the
Department of Justice has opted to drop its case against a man accused of child
pornography rather than be forced to disclose the FBI’s tactics for spying on
suspected child porn consumers and entrapping them as part of its Operation
Pacifier sting. What the case revealed was that for a little while, in its
single-minded pursuit of lawbreakers, the FBI became a lawbreaker itself as
the largest distributor of child pornography. All told, the FBI uploaded tens of thousands of
images of child pornography to the “dark web.”
As reporter Bryan Clark points out:
At the intersection of technology and
law, we’ve proven two things as the result of Operation Pacifier: 1. Government
bodies have proven their willingness to circumvent — or even break — the law to
capture suspected criminals it’s not even willing to prosecute. 2. We’re living
in an age where — to agencies like the FBI — criminals and their victims are
less important than the tools used to track them down. It’s hard to argue on
the side of an alleged pedophile. But in this case, the FBI was the pedophile’s
equal. It was the agency, you’ll recall, that disseminated these images to some
150,000 registered members… this means the FBI perpetrated the same heinous
crime it attempted to charge others with, all while securing what could result in zero
convictions.
Mind you, this was just one
week of shootings, degradation, excessive force, abuse of power and
complicity in the American police state. Magnify the impact of these events 52
times over, because they are taking place every week in this
country, and you will find yourself weak at the knees.
Somewhere over the course of the past
240-plus years, democracy has given way to kleptocracy, and representative
government has been rejected in favor of rule by career politicians,
corporations and thieves—individuals and entities with little regard for the
rights of American citizens.
This dissolution of that sacred
covenant between the citizenry and the government—establishing “we the people”
as the masters and the government as the servant—didn’t happen overnight. It
didn’t happen because of one particular incident or one particular president.
It is a process, one that began long ago and continues in the present day,
aided and abetted by politicians who have mastered the polarizing art of how to
“divide and conquer.”
Unfortunately, there is no magic
spell to transport us back to a place and time where “we the people” weren’t
merely fodder for a corporate gristmill, operated by government hired hands,
whose priorities are money and power.
Our freedoms have become casualties
in an all-out war on the American people.
As I make clear in my book Battlefield America: The War on the
American People, this
war is being fought on many fronts, with bullets and tasers, with surveillance
cameras and license readers, with intimidation and propaganda, with court
rulings and legislation, with the collusion of every bureaucrat on the
government’s payroll, and most effectively of all, with the complicity of the
American people, who continue to allow themselves to be easily manipulated by
their politics, distracted by their pastimes, and acclimated to a world in
which government corruption is the norm.
How do we stop the hemorrhaging?
Start by waking up. Pay attention to
what’s going on around you. Most of all, think for yourself.
As H. L. Mencken observed:
The most dangerous man to any
government is the man who is able to think things out for himself, without regard
to the prevailing superstitions and taboos. Almost inevitably he comes to the
conclusion that the government he lives under is dishonest, insane and
intolerable, and so, if he is romantic, he tries to change it. And even if he
is not romantic personally he is very apt to spread discontent among those who
are.
WC: 2468
ABOUT JOHN W. WHITEHEAD
Constitutional attorney and author
John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the
American People (SelectBooks,
2015) is available online at www.amazon.com. Whitehead can be contacted
at johnw@rutherford.org.
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