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Twilight of the Courts: The Elusive Search for Justice in the American Police State

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This commentary is also available at www.rutherford.org.

By John W. Whitehead
June 5, 2017

“As nightfall does not come at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air – however slight – lest we become unwitting victims of the darkness.”—Supreme Court Justice William O. Douglas We have entered a new regime and it’s called the American police state. More

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‘We the Prisoners’: The Demise of the Fourth Amendment

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speak truth

By John W. Whitehead

June 28, 2016

“Our carceral state banishes American citizens to a gray wasteland far beyond the promises and protections the government grants its other citizens… When the doors finally close and one finds oneself facing banishment to the carceral state—the years, the walls, the rules, the guards, the inmates—reactions vary. Some experience an intense sickening feeling. Others, a strong desire to sleep. Visions of suicide. A deep shame. A rage directed toward guards and other inmates. Utter disbelief. The incarcerated attempt to hold on to family and old social ties through phone calls and visitations. At first, friends and family do their best to keep up. But phone calls to prison are expensive, and many prisons are located far from one’s hometown… As the visits and phone calls diminish, the incarcerated begins to adjust to the fact that he or she is, indeed, a prisoner. New social ties are cultivated. New rules must be understood.”—Ta-Nehisi Coates, The Atlantic

In a carceral state—a.k.a. a prison state or a police state—there is no Fourth Amendment to protect you from the overreaches, abuses, searches and probing eyes of government overlords.

In a carceral state, there is no difference between the treatment meted out to a law-abiding citizen and a convicted felon: both are equally suspect and treated as criminals, without any of the special rights and privileges reserved for the governing elite.

In a carceral state, there are only two kinds of people: the prisoners and the prison guards.

With every new law enacted by federal and state legislatures, every new ruling handed down by government courts, and every new military weapon, invasive tactic and egregious protocol employed by government agents, “we the people”—the prisoners of the American police state—are being pushed that much further into a corner, our backs against the prison wall.

This concept of a carceral state in which we possess no rights except for that which the government grants on an as-needed basis is the only way I can begin to comprehend, let alone articulate, the irrational, surreal, topsy-turvy, through-the-looking-glass state of affairs that is being imposed upon us in America today.

As I point out in my book Battlefield America: The War on the American People, we who pretend we are free are no different from those who spend their lives behind bars.

Indeed, we are experiencing much the same phenomenon that journalist Ta-Nehisi Coates ascribes to those who are banished to a “gray wasteland far beyond the promises and protections the government grants its other citizens” : a sickening feeling, a desire to sleep, hopelessness, shame, rage, disbelief, clinginess to the past and that which is familiar, and then eventually resignation and acceptance of our new “normal.”

All that we are experiencing—the sense of dread at what is coming down the pike, the desperation, the apathy about government corruption, the deeply divided partisanship, the carnivalesque political spectacles, the public displays of violence, the nostalgia for the past—are part of the dying refrain of an America that is fading fast.

No longer must the government obey the law.

Likewise, “we the people” are no longer shielded by the rule of law.

While the First Amendment—which gives us a voice—is being muzzled, the Fourth Amendment—which protects us from being bullied, badgered, beaten, broken and spied on by government agents—is being disemboweled. More

A Pandora’s Box: Cellphone & Land-Line Intrusion

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new-logo25Chuck Frank

So, do we now have “special cases” to where the protection of the people and their rights should be taken for granted? It is quite obvious that Washington D.C. isn’t concerned one bit about any of this.”

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Martin Cooper, an employee with Motorola, invented the cellphone on April 3, 1973. Though the first land line telephone had been around since 1876, cellphones and especially smart cellphones have opened up a Pandora’s Box when it comes to personal privacy and especially so since 9/11.

Historically, government intrusion of communications has actually been ongoing ever since the invention of the telegraph In 1877. Yes,it’s true. That was when the “Wichita Lineman” was still on the line and the Western Union company was King. And it may surprise many that in that same year government, in a special case, was demanding that the Western Union betray the confidence and the privacy of its patrons and surrender coded information.

However, the court ultimately sided in favor of the telegraph company, concluding that these open-ended demands for telegrams “would lead to consequences that can be contemplated only with horror, and such a process is not to be tolerated among a free people.” (Bloombergview.com) Thus, was the beginning of a cat and mouse game and a 4th amendment tug-a-war between government and “the right of the people to be secure in their persons, houses, and effects, against unreasonable searches…and persons or things to be seized.”

In the proper context, when considering electronic surveillance, “things to be seized” today would amount to Internet spying and an extraction of text or a verbal cellphone message from one person to another and then placing it in a national data bank.

Now then, in the case with Apple Computer, the company was very explicit by saying that surrendering an encrypted code compromises the privacy of millions of persons using Apple cellphones, and it also becomes a serious 4th amendment issue, and even more so when one considers the implications that would result from cracking corporate codes that are meant to protect every users cellphone worldwide.

People want to have the confidence that their communication with others is not being compromised by an Orwellian State bent on absolute power and control such as what takes place in totalitarian regimes such as China. Being secure with one’s effects used to be the standard, but today, government and NSA believes that they no longer need to observe an unalienable right that originated in the Bill of Rights.

So, do we now have “special cases” to where the protection of the people and their rights should be taken for granted? It is quite obvious that Washington D.C. isn’t concerned one bit about any of this.

A change in the people’s privacy rights along with major intrusion began on 9/11 when the Bush administration went into high gear and contracted major telephone companies such as AT&T and paid them money to track and then store conversations which were either foreign or domestic and without warrants. There was no resistance from any major telephone company except one, and that was Quest Communications. At that time, Joseph Nacchio who was the CEO said, absolutely no, to NSA spying and that Quest Communications would not wiretap anyone unless a warrant was issued by a judge.

Nacchio was legally correct in his stance, however the government didn’t see it that way and it wasn’t very long after the standoff that Nacchio ended up in prison for over 4 years on “insider trading” charges brought on by the government. A frame up?  Perhaps this sent a message to other CEO’s that are not willing to cooperate with the feds? Did Congress rush to pass a new law that would protect persons such as Nacchio for refusing to tap someones telephone lines unless warrants were issued? If they did, please, someone out there correct me.

And that’s a long story short.

Now then, considering America’s unique roots and being the only nation in the world that has a Bill of Rights which is meant to protect the people from their own government, a San Francisco based organization called the Electronic Frontier Foundation (EFF), is busy pursuing a legal remedy in the courts that will hopefully protect the people from illegal wiretaps or wireless intrusion when there is no warrant. They are on a major mission to give America a far less intrusive country.

I would rather be exposed to the inconveniences attending too much liberty than those attending too small of a degree of it.”
Jefferson, letter (1791)

FISA secrets: The Court That Lays Golden Unconstitutional Eggs

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new-logo25Marti Oakley        © copyright 2014 All rights reserved

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Legal v Lawful:  Weasel word swapping at its finest

Weasel word swaps are those words and phrases that sound as if they mean a certain thing and, most of you have been conditioned to believe mean something specific, when in fact, they do not. The recent ruling by U.S. District Judge William Pauley III who took it upon himself to violate the Constitutional rights of every American citizen when he decided that the unwarranted and illegal  NSA spying on virtually everyone, was LEGAL (he did NOT say lawful).  The swapping of the word legal as opposed to lawful requires a closer look.

Definition of legalize:

To make legal or lawful; to confirm or validate what was before void or unlawful; to add the sanction and authority of law to that which before was without or against law.  

In other words, the NSA Spying without probable cause, without obtaining a warrant  is and was1441183_401318466665654_1752838926_n unconstitutional and therefore, unlawful.  Pauley, who knew exactly what he was doing, attempted to by-pass the Constitutional prohibitions against exactly this kind of unfettered and lawless activity by the government and its incorporated agencies to make an otherwise Constitutionally prohibited activity appear to be lawful.

Law Dictionary:

Definition of Legal:  Blacks Law Fifth Edition page 803, column 1, para: 9

Conforming to the law; according to the law; countenanced by the law; good and effectual in law. Not forbidden or discountenanced by law; good and effectual in law.

This contrasts with a ruling earlier this month by U.S. District Court Judge Richard Leon who ruled that the spying was in fact, unconstitutional and unlawful.

Here’s a clue:  More

DFL’er Alice Hausman launches an ex post facto attack on gun rights

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new-logo25Marti Oakley        copyright ©2013

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Below is the video of Alice Hausman DFL, 22A, MN, delivering her opening attack on the 2nd Amendment in the House Public Safety Finance and Policy Committee of 2/6/13.  Sighting gun deaths from countries such as Japan which does not have the right to keep and bear arms, Hausman makes no reference to that fact that these countries are defenseless while the US citizens have more than 500 million privately owned guns.  Or, that gun deaths in the countries she alludes to are usually the result of government attacks.  gc indian Furthermore, I know of no one on either side who is remotely concerned with what are most likely fictionalized stats from other countries.  After all I doubt few of the countries she mentions keep actual tally’s on the number of people the governments execute routinely.  Obviously, our own government doesn’t keep any records either and they have empowered themselves to kill us for any, or no reason at all.

The remainder of Hausman’s remarks are nothing more than a re-hash of UN Global Small Arms Treaty mandates which OBama is desperate to implement.

As Hausman concludes her attack on the 2nd Amendment, she quickly folds up her tent and scurries from the room, leaving her lobbyist to listen to public comments….AS DID EVERY OTHER DEMOCRAT.

For some reason, violating the constitutional prohibition on ex post facto laws, as well as your 4th and 5th Amendments in addition to the gross infringement on the 2nd Amendment is okay…….but staying to face the people whose rights you are violating knowing that you your self have violated the very premise under which you were elected is too much to ask.  Cowards are like that.

From Powerline

Under the Democrats’ legislation, no one can buy or possess an “assault weapon” in Minnesota. If you already own one as of February 1, you can keep it. But you have to register it, and give the state permission to inspect your home–which is the only place you can keep the “assault weapon”–to make sure you are storing it properly, and undergo annual background checks. You can’t sell the firearm or give it away, and when you die, your heirs are required to either destroy it or “surrender the weapon to a law enforcement agency for destruction.” So the statute represents a ban, followed by confiscation.

If people actually read the bills, especially HF 241-244 they will find out it actually turns many lawful gun owners into felons. HF 241 calls for registration and annual back ground checks and home inspections, by force if necessary.

So how many of you are willing to comply? And why is no one moving to recall this woman from office?

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Tennessee: Have you people lost your minds?

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Marti Oakley

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We reported last week on the sudden installation of TSA checkpoints on the highways in Tennessee.  Apparently, the terrorist situation has increased exponentially in that fair state and Homeland Security is now sending more TSA agents in to aid state troopers in an effort to protect trick-or- treaters from impaired drivers.  This has got to be one of the lamest excuses yet to come from HSD to try and justify their unlawful entry into a sovereign state, for the violation of rights and in violation of Constitutional rights. 

“State Troopers will be conducting safety checkpoints, sobriety roadblocks, saturation patrols and other enforcement techniques to look for aggressive or impaired drivers,” over the next few days, in order to “keep roadways safe for trick-or-treaters,” according to Department of Safety and Homeland Security Commissioner Bill Gibbons, whose office’s role includes “terrorism prevention”.’

See! Its for the KIDS!  And you do love the kids, don’t you?  Well….DON”T YOU?  More

Tennessee Highways–TSA performing unwarranted random searches

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Marti Oakley (c)copyright 2011 All Rights Reserved

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As Smedley Butler said: “It is always easy to convince half of the people to kill the other half.”  

Say hello to the invasion of  TSA agents inside the states, on our roads, unlawfully and illegally interfering with the right to travel freely….unacosted by government agents.  More

“…” – Obama’s Answer To Everything.

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Lynn Swearingen (c) copyright 2010 ALL RIGHTS RESERVED

I’m sure glad I’m not an Attorney working for this Administration. True they are kept busy attempting to dig up validation for circumventing The Constitution, but oh my – they sure should have tried a different one for raising the Debt Limit.

Obscure clause may help US avert default

Some legal experts believe he could, citing the 14th Amendment to the Constitution, adopted in 1868.

With the country still wrestling with post-war divisions, section four of the amendment was written after politicians from the defeated south sought to block the north’s commitment to repay large debts arising from its victorious campaign.

“The validity of the public debt of the United States, authorized by law … shall not be questioned,” it reads.

I’m always curious what those funny little “…”s stand for, so I led myself down the path of actually reviewing what Section Four of the 14th Amendment actually says. Imagine my surprise when I discovered that of the 84 words contained, the Administration chose only 17 words to support their “obscure clause claim”. What could those other 67 words pertain to? More

TSA LMAO (UPDATE ON THE UPDATE)

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Main Switchboard: (512) 463-2000
Fax: (512) 463-1849

Message could be very simple:

“HR 1937 Should be brought forward and signed into Law.

Texans Deserve Dignity.”

—–

“Come and Grope It More

Utah Considers Legislation Supporting 4th Amendment

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“With numbing regularity, good people were seen to knuckle under the demands of authority and perform actions that were callous and severe”

-Stanley Milgram

Lynn Swearingen (c) copyright 2011 ALL RIGHTS RESERVED

Uh Oh.

Utah Representative Carl Wimmer might be getting ready for a “Milgram-isaztion” from the TSA over that pesky 4th Amendment. According to his facebook page from Wednesday: More

What If Disney Didn’t Want TSA To Touch Your Child?

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Lynn Swearingen (c) copyright 2010 ALL RIGHTS RESERVED

What drives public policy in this Nation is profit. Business cannot tolerate, nay will not tolerate, consumers who say “Thanks, but no thanks.” to a product which they do not support.

Recently Claire Wolfe, a Freedom writer of note, had a blip over at Backwoods Homes concerning a discussion with a pal who thought that TSA screeners were just “Doing their job” for the Homeland. Apparently the conversation actually came up with a valid way to put pressure in a non-aggressive way on TSA to back off from their escalating intrusive policies. By applying pressure to those who rely on air flight to have their product consumed (in this case Disney), each individual can actually have the opportunity to influence a policy in a constructive, versus a combative, manner. More

I Am A New World Order Minion

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We used the Hegelian Dialectic of problem, reaction, solution when we, acting as the controlled opposition, put out the very clever film “Food Inc”.

By: Wally Paul

 

Republic Defiance

You can be like me and others who love the New World Order. We have spent years and years watching television for our daily downloads. We enjoy the fluoride in our water and the mercury in our vaccines. We eat genetically modified food. Many of our kids have autism. This makes them very special.

We like to take our orders from the control freaks in Washington. They love us and just like parents, they always know what is best for their little sheep. We love our rulers who attend meetings at the Council on Foreign Relations and Bilderberg. We love being world citizens and worshiping the earth. Carbon Dioxide is very bad and must be destroyed. We love Al Gore. I call him Papa Gore. “Yes Carbon Dioxide is really bad for you son,” he said to me with a wise smile. I think he will be President of the new World Government.

We do not like anyone to protest our government authorities. Protesters should always be tased and arrested – or perhaps kidnapped by the military. Even our children should be policed. Learning what our rulers want us to say and repeating it, is our freedom of speech. You are not free to say hurtful things. Hate speech is a form of free speech and must be deterred in the New World Order.

We understand that for our safety and to protect mother earth from our wickedness we must have regular home inspections. Allowing others to control and tax you is freedom. 

Naked body scanners are also important for the safety of our proud nation and her proud people. Regular injections of mercury and cancer viruses are very unobtrusive and will lead us on our path of sustainability. Soon it will be our patriotic duty to implant the brain chip in all great Americans. The New World Order says the mark of the beast is good. More

S 510: Republic Defiance is Taking it to the Streets!

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RepublicDefiance.com

We will be at the Nashville Farmers’ Market at 1:00 this Saturday afternoon, Sept. 4, protesting S510, and distributing flyers. We plan to do this two weekends in a row.

Our senator Lamar Alexander, former Presidential candidate, as well as former Governor of Tennessee and Mr. New World Order boy, is a co- sponsor. He needs to be dragged out of the Senate, arrested and tried for treason. This bill is so egregious, and so unconstitutional, it is sheer madness, and many people just don’t know about it.

Therefore, we want to encourage everyone to get out in their areas with the flyers provided HERE, hand them out, and post them around your home town. Post this flyer in legal, easily visible locations. Pass it out to friends, family, and people you meet. Please do not post flyers on private or government property.

We would also like to encourage people to make YouTube videos of their activism. Please tag Republic Defiance and Farm Wars in your YouTube video. If you send a link of your YouTube video recording your event, we will post it.

You may contact Republic Defiance or Wally Paul on Facebook, or send us an e-mail at republicdefiance@gmail.com to find out more about this event.

Help us draw a line in the sand. This bill must die.

Fight the Fight. Demand Food Freedom!

Wally Paul
RepublicDefiance.com

DOWNLOAD FLYER HERE!

S.510: Your government welcomes you to the new “nationalized agriculture” system!

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Marti Oakley w/ Paul Griepentrog  (c)copyright 2010

A glimpse into the near future!_______________________________________________________

Welcome to nationalized, government owned and operated farming and ranching!

This is the new government run farming and ranching. Everything will have to be done to meet criteria yet to be determined. The new dictatorial agency headed by the “secretary”, will now be able to designate high risk foods,(based solely on a reasonable belief, even if unfounded) and the subsequent products of these yet to be written (or admitted) criteria,  as grounds to require registration of your farm or ranch as a facility.  More

Turning cops into robbers

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D o w n s i z e r – D i s p a t c h

The “civil asset forfeiture” laws are inherently corrupt. They empower law enforcement officers to take and keep your property, even if they haven’t charged you with a crime.

It gets worse.

It’s your property that’s actually charged with a crime, and your property is considered guilty until proven innocent. This makes it virtually impossible for you to regain your possessions once they’re seized.

But it gets even worse . . .

This scheme of legalized theft actually fosters additional corruption, as demonstrated in the sample letter below. Please use the new evidence we provide to send Congress another letter arguing that . . .

Civil asset forfeiture laws should be made illegal. More

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