From the Archives: Charlottesville civil liberties lawyer assesses 2012-13 Supreme Court term

Charlottesville civil liberties lawyer assesses 2012-13 Supreme Court term
June 29, 2013 11:10 PM MST

After 40 years of practicing law, Rutherford Institute founder John Whitehead says he is “creeped out” by the decline in respect for civil liberties in the United States.

Whitehead, author of the new book, A Government of Wolves: The Emerging American Police State (released June 25 by SelectBooks), spoke to the Charlottesville Libertarian Examiner at the Barracks Road Barnes & Noble just before delivering a talk about his fears of increasing authoritarianism in the United States.

A longtime civil-liberties attorney who once represented Paula Jones in her lawsuit against President Bill Clinton, Whitehead offered his assessment of the U.S. Supreme Court term that ended on June 26 with a pair of rulings about gay marriage.

“One of the worst” terms ever, he said sharply.

This year, he said, the Supreme Court “basically upheld policemen taking you into custody and not giving you your Miranda warnings.” The Court also, he explained, eroded the Fifth Amendment privilege against self-incrimination because “now by being silent it's evidence of guilt.”

The Court, he added “approved the strip searching of anybody. If you're arrested now you can be strip searched by police for minor offenses like running a stop sign.”

'Statist Supreme Court'

“What I'm seeing is a very statist Supreme Court,” Whitehead explained.

“Some people say it's a right-wing Supreme Court. Well, I'm not sure it's right-wing. I put it more in the statist camp.”

He said the voting rights decision (in Shelby County v. Holder) was made “as if racism's no longer in America. Well, what I'm seeing in America is, there is a lot of racism.”

He gave the example of how “90 percent of the people who are arrested for marijuana offenses in New York City are either African-American or Hispanic but all evidence shows that whites smoke marijuana at a much higher rate than people with brown skin.”

Justices of the Supreme Court, Whitehead cautioned, are “living in an ivory tower.”

Supreme Court members are “chauffeured about in limousines and they don't know what we have to go through out here, especially if we're people of color.”

Dissenters

On Fourth Amendment rights, Whitehead noted that “Justice [Antonin] Scalia, whom I've been critical of in the past, and the women on the Supreme Court have been great in their dissents.”

Four instance, he said, those four justices objected “to the forced taking of DNA from people now. If you're arrested for anything, they can go into your body and take your DNA.”

The DNA decision is part of what Whitehead calls “the new movement toward bodily probing.”

He explained that, “in large cities across the country, police are stopping men on the street and doing rectum searches, sometimes causing bleeding. This is without a warrant, without arresting them.”

He gave the example of how recently in Texas, “two women were pulled over for throwing a cigarette out of a car. The policeman accused them of smoking marijuana” but when he found no cannabis in the car, “he called for back up, [who] did vaginal and rectum searches on the women without changing their gloves.”

Those Texas police officers, he said, have “been sued for a million and a half – and they should have been sued.”

'462 words'

Offering advice to citizens, Whitehead warned, “I just say, be alert. Let's read the Bill of Rights again. Most people don't even know what's in the Bill of Rights. It's 462 words but most people have never read it. Can you believe that? 462 words, you can read it in less than five minutes.”

Because “we're not teaching [the Constitution] in school anymore, people don't know” what it says.

“If you're stopped on the street and they want to do a really weird search on you,” Whitehead advised, “assert your Fourth Amendment rights.” The police “have to have probable cause.” Before they begin a search, he said, citizens should ask, “Am I doing something illegal, officer?”

Next: John Whitehead talks about the growing American police state.


Publisher's note: This article was originally published on Examiner.com on June 29, 2013. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

Guest Post: The Slippery Slope to a Constitution-Free America

By John W. Whitehead

“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”—Benjamin Franklin

The ease with which Americans are prepared to welcome boots on the ground, regional lockdowns, routine invasions of their privacy, and the dismantling of every constitutional right intended to serve as a bulwark against government abuses is beyond unnerving.

I am referring at this particular moment in time to President Trump’s decision to deploy military forces to the border in a supposed bid to protect the country from invading bands of illegal immigrants.

John W. Whitehead

This latest attempt to bamboozle the citizenry into relinquishing even more of their rights is commonly referred to as letting the wolves guard the henhouse.

Never mind that using the U.S. military as a police force constitutes a direct violation of the Posse Comitatus Act of 1878. Never mind that America’s police have already been transformed into a standing army. Never mind that the borders have always been porous—a fact that the government and its corporate partners profit from greatly when convenient. Never mind that Trump’s infatuation with heavy-handed military and police power could pave the way for far greater threats to our liberties than a few underfed, unemployed migrants entering the country.

We are long past the stage where the government—at any level—abides by restrictions on its powers.
What we are dealing with is a run-away government hyped up on its own power, whose policies are dictated more by paranoia than need.

Watching the state of our nation unravel, I can’t help but think of Nazi Field Marshal Hermann Goering’s remarks during the Nuremberg trials. As Goering noted:

It is always a simple matter to drag people along whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. This is easy. All you have to do is tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in every country.

It works the same in every country.

The same propaganda and police state tactics that worked for Adolf Hitler 80 years ago continue to be employed with great success in a post-9/11 America.

We keeping returning to the same sticking point, forced to make the same choice over and over again: essential liberty or temporary safety.

Time and again, we keep sacrificing our liberties for phantom promises of safety.

Whatever the threat to so-called security—whether it’s rumored weapons of mass destruction, school shootings, or alleged acts of terrorism—it doesn’t take much for the American people to march in lockstep with the government’s dictates, even if it means submitting to martial law, having their homes searched, and being stripped of one’s constitutional rights at a moment’s notice.

Moreover, it doesn’t really matter whether it’s a Democrat or a Republican at the helm, because the bureaucratic mindset on both sides of the aisle now seems to embody the same philosophy of authoritarian government.

The lesson is this: once a free people allows the government to make inroads into their freedoms or uses those same freedoms as bargaining chips for security, it quickly becomes a slippery slope to outright tyranny.

This is fast becoming a government that has no respect for the freedom or lives of its citizenry.
Yet there are warning signs we cannot afford to ignore.

First off, there is no such thing as a “border” in the eyes of these military patrols. The entire United States of America has become a Constitution-free zone.

According to journalist Todd Miller, the “once thin borderline of the American past” is “an ever-thickening band, now extending 100 miles inland around the United States—along the 2,000-mile southern border, the 4,000-mile northern border and both coasts... This ‘border’ region now covers places where two-thirds of the US population (197.4 million people) live… The ‘border’ has by now devoured the full states of Maine and Florida and much of Michigan.”

As part of its so-called efforts to keep the nation safe from a host of threats, the U.S. government has declared that ever-expanding border region a Constitution-free zone.

Miller explains:

“In these vast domains, Homeland Security authorities can institute roving patrols with broad, extra-constitutional powers backed by national security, immigration enforcement and drug interdiction mandates. There, the Border Patrol can set up traffic checkpoints and fly surveillance drones overhead with high-powered cameras and radar that can track your movements. Within twenty-five miles of the international boundary, CBP agents can enter a person’s private property without a warrant.”

To recap: 66% of Americans (2/3 of the U.S. population, 197.4 million people) now live within this 100-mile-deep, Constitution-free zone.

That’s a lot of ground to declare off limits to the Constitution.

The result, as Miller notes, “is a permanent, low-intensity state of exception that makes the expanding borderlands a ripe place to experiment with tearing apart the Constitution, a place where not just undocumented border-crossers, but millions of borderland residents have become the targets of continual surveillance.”

Be warned: government agents continue to roam further afield of the so-called border as part of their so-called crackdown on illegal immigration, drugs and trafficking. Consequently, greater numbers of Americans are being subject to warrantless searches, ID checkpoints, transportation checks, and even surveillance on private property.

Second, this de facto standing army that has been imposed on the American people is in clear violation of the spirit—if not the letter of the law—of the Posse Comitatus Act, which restricts the government’s ability to use the U.S. military as a police force.

America’s police forces—which look like, dress like, and act like the military—have undeniably become a “standing” or permanent army, one composed of full-time professional soldiers who do not disband, which is exactly what the Founders feared. With the police increasingly posing as pseudo-military forces—complete with weapons, uniforms, assault vehicles, etc.—a good case could be made for the fact that SWAT team raids, which break down the barrier between public and private property, have done away with this critical safeguard.

Unfortunately, the increasing militarization of the police, the use of sophisticated weaponry against Americans and the government's increasing tendency to employ military personnel domestically have all but eviscerated historic prohibitions such as the Posse Comitatus Act.

Indeed, there are a growing number of exceptions to which Posse Comitatus does not apply. These exceptions serve to further acclimate the nation to the sight and sounds of military personnel on American soil and the imposition of martial law.

This begs the question: if the borders constitute a Constitution-free zone, who will police those policing our borders and hold them accountable for misconduct and wrongdoing?

We’ve seen what happens to domestic police charged with wrongdoing: they get little more than a slap on the wrist. Just recently, in fact, the U.S. Supreme Court shielded a police officer who shot a woman four times in her driveway as she stood talking to a friend while holding a kitchen knife. As Justice Sonia Sotomayor acknowledged in her dissent in Kisela v. Hughes, “It tells officers that they can shoot first and think later, and it tells the public that palpably unreasonable conduct will go unpunished.”

Third, there’s the Customs and Border Protection (CBP) agency, an arm of the Department of Homeland Security made up of more than 60,000 Customs and Border Protection employees, and supplemented by the National Guard and the U.S. military. 

A national police force imbued with all the brutality, ineptitude and corruption such a role implies, the DHS—aptly described as a “wasteful, growing, fear-mongering beast”—has been ruthlessly efficient when it comes to establishing what the Founders feared most: a standing army on American soil.

The third largest federal agency behind the Departments of Veterans Affairs and Defense, the DHS—with its 240,000 full-time workers, $40 billion budget and sub-agencies that include the Coast Guard, Customs and Border Protection, Secret Service, Transportation Security Administration (TSA) and the Federal Emergency Management Agency (FEMA)—extends its tentacles into every aspect of American life.

In fact, 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 to transform them into extensions of the military: militarizing police, incentivizing SWAT teams, spying on protesters, stockpiling ammunition, distributing license plate readers to police agencies, contracting to build detention camps, tracking cell-phones with Stingray devices, carrying out military drills and lockdowns in American cities, using the TSA to carry out soft target checkpoints, directing government workers to spy on Americans, conducting widespread spying networks using fusion centers, utilizing drones and other spybots, funding city-wide surveillance cameras, and carrying out Constitution-free border control searches.

Finally, there’s this whole question of martial law.

Technically, a good case can be made that the Constitution-free border regions within the United States are already under martial law carried out by a standing army comprised of militarized police and the U.S. military.

Then again, for all intents and perhaps, the American police state is already governed by martial law, is it not? Battlefield tactics. Militarized police. Riot and camouflage gear. Armored vehicles. Mass arrests. Pepper spray. Tear gas. Batons. Strip searches. Drones. Less-than-lethal weapons unleashed with deadly force. Rubber bullets. Water cannons. Concussion grenades. Intimidation tactics. Brute force. Laws conveniently discarded when it suits the government’s purpose.

This is what martial law looks like, when a government disregards constitutional freedoms and imposes its will through military force, only this is martial law without any government body having to declare it. This is martial law packaged as law and order and sold to the public as necessary for keeping the peace.

It doesn’t matter whether the so-called threats to national security posed by terrorists, extremists or immigrant armies ever became a reality. Once the government acquires—and uses—additional powers, it does not voluntarily relinquish them.

The damage has been done.

For those who can read the writing on the wall, it’s all starting to make sense: the military drills carried out in major American cities, the VIPR inspections at train depots and bus stations, the SWAT team raids on unsuspecting homeowners, the Black Hawk helicopters patrolling American skies, the massive ammunition purchases by various federal agencies such as the Department of Homeland Security, the Department of Education, the IRS and the Social Security Administration.

Viewed in conjunction with the government’s increasing use of involuntary commitment laws to declare individuals mentally ill and lock them up in psychiatric wards for extended periods of time, the NDAA’s provision allowing the military to arrest and indefinitely detain anyone, including American citizens, only codifies this unraveling of our constitutional framework.

Throw in the profit-driven corporate incentive to jail Americans in private prisons, as well as the criminalizing of such relatively innocent activities as holding Bible studies in one’s home or sharing unpasteurized goat cheese with members of one’s community, and it becomes clear that “we the people” are the real enemies of the state.

We’re the ones in the government’s crosshairs.

That wall being built at the border won’t be just for keeping illegal immigrants out—it’s to keep us trapped within the punishing confines of the American police state.

Our freedoms—willingly relinquished in response to endless scare tactics—have been breached, undermined, and eroded time and time again. We’re being conditioned to this life in a police state.
As for this latest maneuver, it’s just another means of poking a hole in the already-tattered fabric of the Constitution.

In other words, it’s a test to see how hard we will fight to hold onto what remains of our freedoms.

If this is a test, we’re failing abysmally.

Face it: we are sliding fast down a slippery slope to a Constitution-free America.

We’ve been heading in this direction for some time now, but this downward trajectory has picked up speed since Donald Trump became president.

This state of near-lockdown has been helped along by government policies and court rulings that have made it easier for the police to shoot unarmed citizens, for law enforcement agencies to seize cash and other valuable private property under the guise of asset forfeiture, for military weapons and tactics to be deployed on American soil, for government agencies to carry out round-the-clock surveillance, for profit-driven private prisons to lock up greater numbers of Americans, for homes to be raided and searched under the pretext of national security, for American citizens to be labeled terrorists and stripped of their rights merely on the say-so of a government bureaucrat, and for pre-crime tactics to be adopted nationwide that strip Americans of the right to be assumed innocent until proven guilty and creates a suspect society in which we are all guilty until proven otherwise.

All of these assaults on the constitutional framework of the nation have been sold to the public as necessary for national security.

Time and again, the public has fallen for the ploy hook, line and sinker.

We’re being reeled in, folks, and you know what happens when we get to the end of that line? We’ll be cleaned, gutted and strung up.

Incredibly, no matter how many times Americans are lied to, cheated, swindled, robbed, manipulated, and doublecrossed, they still keep falling for the government’s tired, thinly disguised ploys to amass more power at the expense of the citizenry.

Remember when George W. Bush claimed the country was being invaded by terrorists post-9/11 and insisted the only way to keep America safe was to give the government and its gun-toting agents greater powers to spy, search, detain and arrest?

The terrorist invasion never really happened, but the government kept its newly acquired police powers made possible by the USA Patriot Act.

Remember when Barack Obama claimed the country was being invaded by domestic terrorists and insisted the only way to keep America safe was to give the military the power to strip Americans of their constitutional rights, label them extremists, and detain them indefinitely without trial?

The invasion never really happened, but the government kept its newly acquired detention powers made possible by the National Defense Authorization Act (NDAA).

Now you have Donald Trump claiming the country is being invaded by immigrants and insisting that the only way to keep America safe is to empower the military to “assist” with border control.

Mind you, Trump is not the first president to deploy military forces to the border.

Nevertheless, you can rest assured that this latest call for boots on the ground (whether those boots belong to the National Guard or the armed forces is mere semantics) to police the American border is yet another Trojan Horse that will inflict all manner of nasty police state surprises on an unsuspecting populace.

As I make clear in my book Battlefield America: The War on the American People, the menace of a national police force—a.k.a. a standing army—vested with the power to completely disregard the Constitution, cannot be overstated, nor can its danger be ignored.

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.

Reprinted by permission of The Rutherford Institute.

From the Archives: Rutherford Institute asks local lawmakers to speak out against drones

Rutherford Institute asks local lawmakers to speak out against drones
January 23, 2013 1:11 AM MST

A Charlottesville public-interest law firm has sent a letter to both the Charlottesville City Council and the Albemarle County Board of Supervisors warning of the dangers to civil liberties posed by the use of drones and asking both bodies to pass resolutions demanding protections against drones' misuse.

In a letter dated January 21 and addressed to Charlottesville Mayor Satyendra Huja, Rutherford Institute president John Whitehead points out that recent legislation signed by President Barack Obama “has opened the door for unmanned aerial vehicles” (drones) to fly in the skies of the United States.

In the letter, Whitehead cites predictions that by 2020, there may be as many as 30,000 drones operating in U.S air space. He calls these drones “robotic threats to privacy and security.”

Threats to civil liberties

Whitehead expresses his hope that Charlottesville's City Council will “not only give serious consideration to the dangers posed to our freedoms by these aerial devices but ensure that the people of Charlottesville are protected against any resulting incursions on their rights” that are guaranteed by the U.S. Constitution.

To that end, Whitehead sent a copy of a Rutherford Institute-drafted model resolution for consideration by the city council and the county supervisors.

The resolution is intended to “encourage the General Assembly of Virginia to provide for limitations on the use of evidence obtained from the domestic use of drones and to preclude the domestic use of drones equipped with anti-personnel devices” (that is, weapons).

It notes that “the federal government and the Commonwealth of Virginia have thus far failed to provide reasonable legal restrictions on the use of drones within the United States” and that police departments have started to use drone technology without “any guidance or guidelines from lawmakers.”

In plain language, the resolution calls on Congress and the Virginia General Assembly “to adopt legislation prohibiting information obtained from the domestic use of drones from being introduced into a Federal or State court, and precluding the domestic use of drones equipped with anti-personnel devices, meaning any projectile, chemical, electrical, directed-energy (visible or invisible), or other device designed to harm, incapacitate, or otherwise negatively impact a human being.”

'Get in an uproar'

In an interview on Coy Barefoot's afternoon drive-time radio program on WINA-AM Monday, Whitehead suggested that “if enough cities across the country were to get in an uproar about” the civil liberties threats of drones, “we might be able to limit them some.”

He pointed out that already-existing technology allows drones to “be able to see through the walls of your home.” They are powerful enough, he said, “they are able to watch you in your homes, connect up with all the [electronic] devices in your homes.”

The drones, he said, “are amazing devices,” which include “hummingbird drones that come up to your window and watch you in your home.” Other, non-flying drones look like dogs and can walk "up to your front door.”

Citing Martin Luther King, Jr., Whitehead warned that “it's time to stand up and fight back,” and said that, in the absence of federal limits on drone use, local and state governments must act.

Experts, he said, are “freaking.” If, he said, there is a device “that flies over your home that can see you in your kitchen or upstairs using the bathroom or having sex with your wife, we've entered a whole new era” of threats to privacy and personal liberty.

Drones, he said, are “beyond Orwell. It's scary stuff.”


Publisher's note: This article was originally published on Examiner.com on January 23, 2013. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

Guest Post - John Whitehead on The Deep State’s Christmas Present to America: Surveillance That Never Ends

By John W. Whitehead
December 11, 2017

“He sees you when you’re sleeping
He knows when you’re awake
He knows when you’ve been bad or good
So be good for goodness sake!”
—“Santa Claus Is Coming to Town”

Just in time for Christmas, the Deep State wants to give America the gift that keeps on giving: never-ending mass surveillance.

I’m not referring to the kind of surveillance carried out by that all-knowing and all-seeing Jolly Old St. Nick and his informant the Elf on the Shelf (although, to be fair, they have helped to acclimate us to a world in which we’re always being watched and judged by higher authorities).

No, this particular bit of Yuletide gift-giving comes courtesy of the Deep State (a.k.a. the Surveillance State, Police State, Shadow Government and black-ops spy agencies).

John Whitehead

If this power-hungry cabal gets its way, the government’s power to spy on its citizens will soon be all-encompassing and permanent.

As it now stands, Section 702 of the Foreign Intelligence Surveillance Act—the legal basis for two of the National Security Agency’s largest mass surveillance programs, “PRISM” and “Upstream”—is set to expire at the end of 2017.

“PRISM” lets the NSA access emails, video chats, instant messages, and other content sent via Facebook, Google, Apple and others. “Upstream” lets the NSA worm its way into the internet backbone—the cables and switches owned by private corporations like AT&T that make the internet into a global network—and scan traffic for the communications of tens of thousands of individuals labeled “targets.”

Just as the USA Patriot Act was perverted from its original intent to fight terrorism abroad and was used instead to covertly crack down on the American people (allowing government agencies to secretly track Americans’ financial activities, monitor their communications, and carry out wide-ranging surveillance on them), Section 702 has been used as an end-run around the Constitution to allow the government to collect the actual content of Americans’ emails, phone calls, text messages and other electronic communication without a warrant.

Under Section 702, the government collects and analyzes over 250 million internet communications every year. There are estimates that at least half of these contain information about U.S. residents, many of whom have done nothing wrong. This information is then shared with law enforcement and “routinely used for purposes unrelated to national security.”

Mind you, this is about far more than the metadata collection that Edward Snowden warned us about, which was bad enough. Section 702 gives the government access to the very content of your conversations (phone calls, text messages, video chats), your photographs, your emails. As Rep. Thomas Massie, R-Ky., warned, “This is not just who you send it to, but what’s in it.”

Unfortunately, Big Brother doesn’t relinquish power easily.

The Police State doesn’t like restrictions.

And the Surveillance State certainly doesn’t look favorably on anything that might weaken its control. Even after Congress limited the NSA’s ability to collect bulk phone records, the agency continued to do so, vacuuming up more than 151 million records of Americans’ phone calls last year alone.

A government that doesn’t heed its constituents, doesn’t abide by the law, and kowtows to its police and military forces? That’s a dictatorship anywhere else.

Here in America, you can call it “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.

For all intents and purposes, 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.

The government’s “technotyranny” surveillance apparatus has become so entrenched and entangled with its police state apparatus that it’s hard to know anymore where law enforcement ends and surveillance begins.

The short answer: they have become one and the same entity.

The police state has passed the baton to the surveillance state.

Having already transformed local police into extensions of the military, the Department of Homeland Security, the Justice Department and the FBI are preparing to turn the nation’s soldier cops into techno-warriors, complete with iris scanners, body scanners, thermal imaging Doppler radar devices, facial recognition programs, license plate readers, cell phone Stingray devices and so much more.

This is the new face of policing in America.

Enter big data policing which gives the nation’s 17,000 police agencies access to a growing “investigative” database that maps criminal associates and gangs, as well as their social and familial connections.

As Slate reports, “These social network systems, which target ‘chronic offenders,’ also include information about innocent associates, family members, and friends, creating extensive human maps of connections and patterns of contacts.” Those individuals then get assigned a threat score to determine their risk of being a perpetrator or victim of a future crime.

In Chicago, for example, “individuals with the highest scores on the Chicago Police Department ‘heat list’ get extra attention in the form of home visits or increased community surveillance.”

In Baltimore, police are using Cessna planes equipped with surveillance systems to film entire segments of the city, then combining that footage with police reports in order to “map the comings and goings of everyone—criminals and innocents alike.”

In this way, big data policing not only expands Big Brother’s reach down to the local level, but it also provides local police—most of whom know little about the Constitution and even less about the Fourth Amendment—with a new technological weapon to deploy against an unsuspecting public.

The end result is pre-crime, packaged in the guise of national security but no less sinister.

All of those individuals who claim to be unconcerned about government surveillance because they have nothing to hide, take note: pre-crime policing—given a futuristic treatment in Steven Spielberg’s Minority Report—aims to treat you like a criminal before you’ve ever even committed a crime.

This hasn’t fazed President Trump who, much like his predecessors, has thus far marched in lockstep with the dictates of the police state.

For months, the Trump Administration has been actively lobbying Congress to reauthorize Section 702 in its entirety. Now, according to The Intercept, Trump is actively considering a proposal to establish his own global, private spy network that would circumvent official U.S. intelligence agencies and answer directly to the White House.

If approved, this would be yet another secret government agency carrying out secret surveillance and counterintelligence, funded by a secret black ops budget that by its very nature does away with transparency, bypasses accountability and completely eludes any form of constitutionality.

According to The Washington Post, there are more than a dozen “black budget” national intelligence agencies already receiving more than $52.6 billion in secret government funding. Among the top five black ops agencies currently are the CIA, the NSA, the National Reconnaissance Office, the National Geospatial-Intelligence Program, and the General Defense Intelligence Program.

A significant chunk of that black ops money has been flowing to Silicon Valley since before there was an internet, itself a creation of the military/security industrial complex.

Earlier this year, Amazon announced that it would be storing classified information for U.S. spy agencies in its digital cloud, part of a $600 million contract with the nation’s intelligence agencies.

Two decades earlier, America’s spy agencies tapped Silicon Valley to spearhead research into ways of tracking individuals and groups online. That research, as documented by Jeff Nesbit, the former director of legislative and public affairs at the National Science Foundation, culminated in the creation of a massive public-private surveillance state that hinged on a partnership between the NSA, the CIA and Google.

“The research arms of the CIA and NSA hoped that the best computer-science minds in academia could identify what they called ‘birds of a feather,’” writes Nesbit. He continues:

Their research aim was to track digital fingerprints inside the rapidly expanding global information network, which was then known as the World Wide Web… By working with emerging commercial-data companies, their intent was to track like-minded groups of people across the internet and identify them from the digital fingerprints they left behind, much like forensic scientists use fingerprint smudges to identify criminals. Just as “birds of a feather flock together,” they predicted that potential terrorists would communicate with each other in this new global, connected world—and they could find them by identifying patterns in this massive amount of new information. Once these groups were identified, they could then follow their digital trails everywhere.

The problem, of course, is that the government always sets its sights higher.

It wasn’t long before the government’s search for criminal “birds of a feather”—made much easier with the passage of the USA Patriot Act—lumped everyone together and treated all of the birds (i.e., the public) as criminals to be identified, tracked, monitored and subjected to warrantless, suspicionless surveillance.

Fast forward to the present moment when, on any given day, the average American is now monitored, surveilled, spied on and tracked in more than 20 different ways by both government and corporate eyes and ears.

Every second of every day, the American people are being spied on by the U.S. government’s vast network of digital Peeping Toms, electronic eavesdroppers and robotic snoops.

Whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency is listening in and tracking you. This doesn’t even begin to touch on the complicity of the corporate sector, which buys and sells us from cradle to grave, until we have no more data left to mine. These corporate trackers monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere and share the data with the government.

Just about every branch of the government—from the Postal Service to the Treasury Department and every agency in between—now has its own surveillance sector, authorized to collect data and spy on the American people. Then there are the fusion and counterterrorism centers that gather all of the data from the smaller government spies—the police, public health officials, transportation, etc.—and make it accessible for all those in power.

These government snoops are constantly combing through and harvesting vast quantities of our communications, then storing it in massive databases for years. Once this information—collected illegally and without any probable cause—is ingested into NSA servers, other government agencies can often search through the databases to make criminal cases against Americans that have nothing to do with terrorism or anything national security-related. One Justice Department lawyer called the database the “FBI’s ‘Google.’”

In other words, the NSA, an unaccountable institution filled with unelected bureaucrats, operates a massive database that contains the intimate and personal communications of countless Americans and makes it available to other unelected bureaucrats.

Talk about a system rife for abuse.

Ask the government why it’s carrying out this warrantless surveillance on American citizens, and you’ll get the same Orwellian answer the government has been trotting out since 9/11 to justify its assaults on our civil liberties: to keep America safe.

Yet warrantless mass surveillance by the government and its corporate cohorts hasn’t made America any safer. And it certainly isn’t helping to preserve our freedoms. Frankly, America will never be safe as long as the U.S. government is allowed to shred the Constitution.

Now the government wants us to believe that we have nothing to fear from its mass spying program because they’re only looking to get the “bad” guys who are overseas.

Don’t believe it.

The government’s definition of a “bad” guy is extraordinarily broad, and it results in the warrantless surveillance of innocent, law-abiding Americans on a staggering scale. They are conducting this mass surveillance without a warrant, thus violating the core principles of the Fourth Amendment which protects the privacy of all Americans.

Warrantless mass surveillance of American citizens is wrong, un-American, and unconstitutional.

Clearly, the outlook for reforming the government’s unconstitutional surveillance programs does not look good.

As I make clear in my book Battlefield America: The War on the American People, whenever the rights of the American people are pitted against the interests of the military/corporate/security complex, “we the people” lose. Unless Congress develops a conscience—or suddenly remembers that they owe their allegiance to the citizenry and not the corporate state—we’re about to lose big.

It’s time to let Section 702 expire or reform the law to ensure that millions and millions of Americans are not being victimized by a government that no longer respects its constitutional limits.

Mark my words: if Congress votes to make the NSA’s vast spying powers permanent, it will be yet another brick in the wall imprisoning us within an electronic concentration camp from which there is no escape.

WC: 2229

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.

Reprinted by permission of The Rutherford Institute.