Category Archives: Law

Power Corrupts: A Culture of Compliance Breeds Despots and Predators

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President Bill Clinton and Miramax Chief, Harvey Weinstein at Hillary Clinton’s Birthday Party at the Hudson Hotel in New York City. October 25, 2000 (Photo: Nick Elgar/ImageDirect)

By John W. Whitehead

Source: The Rutherford Institute

“All governments suffer a recurring problem: Power attracts pathological personalities. It is not that power corrupts but that it is magnetic to the corruptible.”― Frank Herbert

Power corrupts.

Worse, as 19th-century historian Lord Acton concluded, absolute power corrupts absolutely.

It doesn’t matter whether you’re talking about a politician, an entertainment mogul, a corporate CEO or a police officer: give any one person (or government agency) too much power and allow him or her or it to believe that they are entitled, untouchable and will not be held accountable for their actions, and those powers will eventually be abused.

We’re seeing this dynamic play out every day in communities across America.

A cop shoots an unarmed citizen for no credible reason and gets away with it. A president employs executive orders to sidestep the Constitution and gets away with it. A government agency spies on its citizens’ communications and gets away with it. An entertainment mogul sexually harasses aspiring actresses and gets away with it. The U.S. military bombs a civilian hospital and a school and gets away with it.

Abuse of power—and the ambition-fueled hypocrisy and deliberate disregard for misconduct that make those abuses possible—works the same whether you’re talking about sexual harassment, government corruption, or the rule of law.

For instance, 20 years ago, I took up a sexual harassment lawsuit on behalf of a young woman—a state employee—who claimed that her boss, a politically powerful man, had arranged for her to meet him in a hotel room, where he then allegedly dropped his pants, propositioned her and invited her to perform oral sex on him.

Despite the fact that this man had a well-known reputation for womanizing and this woman was merely one in a long line of women who had accused the man of groping, propositioning, and pressuring them for sexual favors in the workplace, she was denounced as white trash and subjected to a massive smear campaign by the man’s wife, friends and colleagues (including the leading women’s rights organizations of the day), while he was given lucrative book deals and paid lavish sums for speaking engagements.

William Jefferson Clinton eventually agreed to settle the case and pay Paula Jones $850,000.

Here we are 20 years later and not much has changed.

We’re still shocked by sexual harassment in the workplace, the victims of these sexual predators are still being harassed and smeared, and those who stand to gain the most by overlooking wrongdoing (all across the political spectrum) are still turning a blind eye to misconduct when it’s politically expedient to do so.

This time, it’s Hollywood producer Harvey Weinstein—longtime Clinton associate and a powerhouse when it comes to raising money for Democrats—who is being accused of decades of sexual assaults, aggressively sexual overtures and harassment.

I won’t go into the nauseating details here. You can read them for yourself at the New York Times and the New Yorker.

Suffice it to say that it’s the same old story all over again: man rises to power, man abuses power abominably, man intimidates and threatens anyone who challenges him with retaliation or worse, and man gets away with it because of a culture of compliance in which no one speaks up because they don’t want to lose their job or their money or their place among the elite.

From what I’ve read, this was Hollywood’s worst-kept secret.

In other words, everyone who was anyone knew about it. They were either complicit in allowing the abuses to take place, turning a blind eye to them, or helping to cover them up.

It’s not just happening in Hollywood, however.

And it’s not just sexual predators that we have to worry about.

For every Harvey Weinstein (or Roger Ailes or Bill Cosby or Donald Trump) who eventually gets called out for his sexual misbehavior, there are hundreds—thousands—of others in the American police state who are getting away with murder—in many cases, literally—simply because they can.

The cop who shoots the unarmed citizen first and asks questions later might get put on paid leave for a while or take a job with another police department, but that’s just a slap on the wrist. The shootings and SWAT team raids and excessive use of force will continue, because the police unions and the politicians and the courts won’t do a thing to stop it. Case in point: The Justice Department will no longer attempt to police the police when it comes to official misconduct. Instead, it plans to give police agencies more money and authority to “fight” crime.

The war hawks who are making a profit by waging endless wars abroad, killing innocent civilians in hospitals and schools, and turning the American homeland into a domestic battlefield will continue to do so because neither the president nor the politicians will dare to challenge the military industrial complex. Case in point: Rather than scaling back on America’s endless wars, President Trump—like his predecessors—has continued to expand America’s military empire and its attempts to police the globe.

The National Security Agency that carries out warrantless surveillance on Americans’ internet and phone communications will continue to do so, because the government doesn’t want to relinquish any of its ill-gotten powers. Case in point: The USA Liberty Act, proposed as a way to “fix” all that’s wrong with domestic surveillance, will instead legitimize the government’s snooping powers.

Unless something changes in the way we deal with these ongoing, egregious abuses of power, the predators of the police state will continue to wreak havoc on our freedoms, our communities, and our lives.

Police officers will continue to shoot and kill unarmed citizens. Government agents—including local police—will continue to dress and act like soldiers on a battlefield.

Bloated government agencies will continue to fleece taxpayers while eroding our liberties. Government technicians will continue to spy on our emails and phone calls. Government contractors will continue to make a killing by waging endless wars abroad.

And powerful men (and women) will continue to abuse the powers of their office by treating those around them as underlings and second-class citizens who are unworthy of dignity and respect and undeserving of the legal rights and protections that should be afforded to all Americans.

As Dacher Keltner, professor of psychology at the at the University of California, Berkeley, observed in the Harvard Business Review, “While people usually gain power through traits and actions that advance the interests of others, such as empathy, collaboration, openness, fairness, and sharing; when they start to feel powerful or enjoy a position of privilege, those qualities begin to fade. The powerful are more likely than other people to engage in rude, selfish, and unethical behavior.”

After conducting a series of experiments into the phenomenon of how power corrupts, Keltner concluded: “Just the random assignment of power, and all kinds of mischief ensues, and people will become impulsive. They eat more resources than is their fair share. They take more money. People become more unethical. They think unethical behavior is okay if they engage in it. People are more likely to stereotype. They’re more likely to stop attending to other people carefully.”

Power corrupts.

And absolute power corrupts absolutely.

However, it takes a culture of entitlement and a nation of compliant, willfully ignorant, politically divided citizens to provide the foundations of tyranny.

As researchers Joris Lammers and Adam Galinsky found, those in power not only tend to abuse that power but they also feel entitled to abuse it: “People with power that they think is justified break rules not only because they can get away with it, but also because they feel at some intuitive level that they are entitled to take what they want.”

That sense of entitlement and immunity from charges of wrongdoing dovetails with Richard Nixon’s belief that “when the President does it, that means that it is not illegal.”

For too long now, America has played politics with its principles and allowed the president and his colleagues to act in violation of the rule of law.

“We the people” are paying the price for it now.

Americans have allowed Congress, the White House and the Judiciary to wreak havoc with our freedoms. They have tolerated an oligarchy in which a powerful, elite group of wealthy donors is calling the shots. They have paid homage to patriotism while allowing the military industrial complex to spread death and destruction abroad. And they have turned a blind eye to all manner of wrongdoing when it was politically expedient.

This culture of compliance must stop.

The empowerment of petty tyrants and political gods must end.

For starters, let’s go back to the basics: the Declaration of Independence, the U.S. Constitution and the Bill of Rights.

Let’s recommit to abiding by the rule of law.

Here’s what the rule of law means in a nutshell: it means that everyone is treated the same under the law, everyone is held equally accountable to abiding by the law, and no one is given a free pass based on their politics, their connections, their wealth, their status or any other bright line test used to confer special treatment on the elite.

Let’s demand scrutiny and transparency at all levels of government, which in turn will lead to accountability.

We need to stop being victimized by these predators.

As I point out in my book Battlefield America: The War on the American People, I’m not just talking about the political predators in office, but the ones who are running the show behind the scenes—the shadow government—comprised of unelected government bureaucrats whose powers are unaffected by elections, unaltered by populist movements, and beyond the reach of the law.

There is no way to erase the scars left by the government’s greed for money and power, its disregard for human life, its corruption and graft, its pollution of the environment, its reliance on excessive force in order to ensure compliance, its covert activities, its illegal surveillance, and its blatant disdain for the rule of law.

“We the people”—men and women alike— have been victims of the police state for so long that not many Americans even remember what it is to be truly free anymore. Worse, few want to shoulder the responsibility that goes along with maintaining freedom.

Still, we must try.

Kafka Warned Us

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By Dan Corjescu

Source: CounterPunch

Kafka’s The Trial can be read in retrospect as a prelude to the Twentieth/Twenty-First century. Although probably not written as prophecy, Kafka’s short unfinished book nevertheless provides a road map to the terrors of the current Surveillance State.

As readers of CounterPunch are all too familiar, modern man, as a single individual, is at the mercy of the modern state and those who, lurking in semi-secrecy, direct it.

Kafka’s The Trial superbly conveys the unease of our current existential situation.

Early one morning, The Trial’s main protagonist, Joseph K, awakes to find that, totally unexpectedly, he has been arrested. Throughout the book he endeavors to find the reason for his arrest without any definite success.

However, what he does discover is a vast semi-secret bureaucracy/organizaton whose inner workings and outward displays of power and decision making remain opaque at best.

Initally, Joseph K, believes that he lives in a “Rechtsstaat” (a state where the rule of law is respected) and thus where it is expected that all civilized norms and laws are upheld.

Yet, he soon comes to see that he has lived in a state of fundamental error and illusion about the true nature of his existence.

What appeared to him as a well ordered and just state is, all of a sudden, revealed to be a capricious omnipotent octopus capable of strangling (in this case literally) anyone deemed to be, for whatever reason, expendable.

All law is suspended or, at least, made a mockery of. All that remains are the inner, turgid demands of power.

Joseph K. is convinced of his innocence. But his conviction is no match for the monolithic power that stands against him. He is eventually crushed, if not by his enemy’s repetitive legal machinations, then by his fatalistic far-reaching administrative power.

In the end, the “Organization” which Joseph K has confronted is almighty and can be controlled by neither appeals to law, logic, or custom. In this, modern man is in a similar situation.

He stands, at any moment, beneath the mercy of a gigantic machinery that, if it wills, can almost casually set into motion his utter annihilation. The devastation and erasure of ones past, present, and future self is an ever-present possible function of the modern state. Advances in technology and organization make such a function all the more easier.

How to combat this greatest threat to humankind’s liberty will make the difference of whether or not future generations live in a world of securely grounded freedom or if they will succumb “like a dog” to the increasingly totalitarian powers of what we call today: the Surveillance State.

The futility and corruption of the drug war

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By Jacob Hornberger

Source: Intrepid Report

I just finished watching the much-acclaimed series “Narcos” on Netflix. What a fantastic program. And what an excellent depiction of the futility and corruption of the war on drugs.

The series is a true-life account of Pablo Escobar, a Colombian drug lord who headed up the Medellin drug cartel, a black-market drug group that smuggled hundreds of tons of cocaine into the United States in the 1970s and 1980s. Smuggling an estimated 80 percent of the cocaine into the United States, Escobar became known as called the “King of Cocaine,” attaining in the process a net worth of $30 billion by the early 1990s. According to Wikipedia, Escobar was the wealthiest criminal in history.

Amidst much acclaim and publicity, the U.S. government and the Colombian government, working together, targeted Escobar with arrest or killing. Escobar retaliated by effectively declaring war on the government, a war that consisted of assassinations and bombings. Every time the DEA (which was operating in Colombia, along with the U.S. military and the CIA) and Colombian officials tightened the noose on Escobar’s operation, Escobar responded with bullets and bombs, killing a multitude of government officials and private citizens.

The logic of the drug-war crackdown was clear: By eradicating Escobar, officials thought they would be eradicating 80 percent of the cocaine being shipped into the United States. So, all the death and destruction resulting from the crackdown on Escobar was considered worth it in the long run.

But that’s not what happened. The more they tightened the noose around Escobar, the more his cocaine competitors—that is, the ones who were supplying the 20 percent, expanded their operations, gaining them a larger market share. Among the principal beneficiaries of the crackdown on Escobar was the Cali Cartel, which, not surprisingly, became the next big target of the U.S. and Colombian drug warriors, with similar results—the more they cracked down on the Cali Cartel, the more their competitors stepped into the breach and gained a larger market share.

In 1993, they finally caught up to Escobar and killed him in a shootout. You can imagine how U.S. and Colombian officials trumpeted that drug-war victory. Another “milestone” in the war on drugs, the term they have used for decades whenever they kill or capture some big drug lord.

But of course it was all to no avail. Even though they killed Escobar and ultimately smashed the Medellin and Cali cartels, amidst great fanfare and publicity, other suppliers quickly took their places and continued providing cocaine users in the United States with their drug.

In other words, all those people who lost their lives in the drug war on Escobar died for nothing. Absolutely nothing.

There is something else to consider: what the drug war against Escobar did to law-enforcement agents, both American and Colombian. It corrupted them to the core. Frustrated over all the death and destruction that Escobar was wreaking across the country and over their inability to apprehend him, officials began employing brutal and illegal tactics in return, such as torturing prisoners for information and then murdering them so that they couldn’t talk about what the officials had done to them.

Of course, there was also widespread bribery that was taking place within the Colombian police. In fact, that was one of the reasons they had such a hard time catching up to Escobar—his informants within the police and Colombian military would alert him to whatever was going on.

The pathetic thing about all this death, destruction, mayhem, and corruption is that there was a much simpler way to have put Escobar, the Cali Cartel, and all the other black-market drug suppliers out of business, a way that would not have involved assassinations, bombings, torture, and corruption. All that the U.S. and Colombian governments had to do was legalize drugs.

If they had done that, Escobar and the rest of the black-market suppliers would have been put out of business instantaneously. That’s because of the difference between legal markets and black markets.

In legal markets, suppliers compete against each other by providing better goods and services to their customers. Think CVS, Walgreen, and other pharmacies. Notice that they are not out bombing and assassinating each other and other people.

It’s totally different in black or illegal markets. Competitors in these markets deal with each other through violent turf wars that involve murder, kidnapping, bombing, and mayhem. While people like Escobar are able to thrive in a black market, they inevitably go out of business in a legal market because they lack the skills that are necessary in legal markets.

A good example of this phenomenon is alcohol. We don’t see alcohol dealers killing each other to get a larger share of the market. That’s because booze is legal.

But it wasn’t that way when booze was illegal. During Prohibition, there were people like Al Capone involved in the sale and distribution of alcohol, along with killing, mayhem, and corruption.

This same principle, of course, applies today. Notwithstanding all the hoopla to which all of us are subjected when the feds or state drug warriors make a drug bust, the result is no different than it was 20–30 years ago with Escobar. The minute they make the bust, the supplier is replaced by someone else.

There is only one way to eradicate drug lords and illicit drug dealers, along with all the death, destruction, and corruption that comes with them: End the war on drugs by legalizing drugs.

 

Jacob G. Hornberger is founder and president of The Future of Freedom Foundation.

One nation under plutocracy

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By Jack Balkwill

Source: Intrepid Report

Americans are brought up believing a fairy tale in which there is somehow democracy in their governance. But the late, great, Leonard Cohen exposed the system’s dirty little secret, “Everybody knows that the dice are loaded, everybody rolls with their fingers crossed.”

Even at the start of the nation, the first Chief Justice John Jay admitted the “democracy” hoax upon which the Supreme Court is built when he conceded, “The people who own the country ought to govern it.” Justices have ruled that way throughout the centuries following, with government serving a privileged ruling class.

The United States has the largest number of billionaires of any country, with 536. They live here because it is the best place to live for a greedy bastard. It was billionaire Leona Helmsley who let the cat out of the bag that “Only the little people pay taxes.”

Grand Prince Billy Gates has his “Foundation,” to ensure that he not even think about paying taxes. What inconvenience if he were to contribute anything for the massive government services he uses to increase his fortune.

It takes oceans of sweat and rivers of blood to make a billionaire. This is the dark secret of the pyramid scheme known as capitalism. Those “little people” who do the sweating and bleeding are not full partners in the sharing of the wealth they produce.

Many of us work from the time we are born to the time we die in order to satisfy the few who control nearly all of the capital.

Increasingly, everything we do benefits the super rich. If our child gets sick or injured, the wealthy may benefit from investments in health insurance, Big Pharma, and private hospitals. If we go to prison, they get paid for it, as many prisons are now privatized. If we die, they increasingly own the funeral parlors (although their corporations often retain the old family names).

The rich profit when we eat, clothe ourselves, enjoy shelter, pay taxes, watch a movie or work (taking the lion’s share of what we produce). They seem to know how far they can push us—that to charge us for breathing might encourage the erection of guillotines (but they have considered buying up all the drinking water).

Michael Parenti once pointed out that the top one-fourth of one percent own more than the entire bottom 99% in the USA.

An old friend once remarked to me “I can’t understand why they don’t have it all.” Well, of course they are not trying to take it all. The more lucid of them are aware they must leave a few crumbs to placate the riffraff.

The biggest scam within this biggest scam is that which euphemistically passes as “national defense.” It does not defend 99% of us, most of us would prefer not to have the wars or 800+ military bases located abroad. We are, however, required to pay for it all, since we are the “little people” so scorned by the likes of Mrs. Helmsley.

Stealth bombers, Minuteman missiles, and Trident submarines are not made for defense, they are made to profit wealthy investors. Most of the profit goes to the wealthiest investors. CEOs of the corporations that make them get 7-figure salaries at the taxpayer’s expense. These weapons are made to deliver nuclear warheads, and the current national push for war with Russia and China is to “justify” making similar profit machines. Americans are told nuclear weapons have something to do with “defense,” but when I asked retired Admiral Gene LaRocque if we had enough nuclear weapons for our defense he replied “You cannot defend someone with a nuclear weapon.”

LaRocque told me he entered the Navy in the 1930s and in those days sailors made much of their own equipment, including weapons. Since nobody profited, they didn’t make weapons they didn’t need. That system, of course, would be called “socialism” today and is no longer allowed. “Defense” is now for the purpose of enriching the rich as priority one.

And the troops are deployed around the world to protect the interests of the billionaires, including foreign billionaires who own stock in the corporations that finance our elections, and therefore have far more political sway in the USA than do average citizens. Our government works for transnational billionaires, not the American people.

The most important part of the scam of capitalism is absolute control of the mass media. No hole may be left unplugged. Every one of the corporate-paid journalists is kept on their knees, a tight liplock on the derrieres of the elite at all times, slobbering and smooching. Not one of the bastards so much as tugs at their leash for fear of a pink slip.

I cringe whenever I hear a corporate media talking head speak of “American democracy.” It is a propaganda term. Often, I am “corrected” by someone when I say this, told that, “No, we don’t have a democracy, we have a republic.”

But a republic is a form of government in which the population is represented, and the American people, aside from the very rich, are not represented, hence, we have a plutocracy.

It should be obvious to the public, who only need open their eyes. We must maintain the largest prison system on earth for American capitalism to function, even as we call it “The Land of the Free.” We are the only industrialized nation on earth where thousands die each year for a lack of medical care, because we don’t have a medical care system, but a system that rewards the rich when people get sick or injured.

Those who are both poor and mentally ill are often left to sleep in our streets, eating out of garbage cans similarly to a third-world existence in the richest nation on earth.

I have often called the system “plutocratic oligarchy,” because the plutocrats don’t usually run the government (President Trump, however, has pretty much set it up that way for his administration with a cabinet filled with fellow billionaires).

Normally, transnational corporations rent the Members of Congress and presidents by financing their election campaigns. These CEOs then, with allegiance to nothing beyond greed, decide who will run the country. But the CEOs in turn work for the wealthy, who own the lion’s share of the investments, so in a back-handed way the rich do always run things, however remotely.

Members of Congress, some of the most corrupt people on the planet, then line up with the corporate media talking heads and begin kissing butt for the money they will need to stay in office. Most of their time in office is spent begging for money, there is little time for much else. The servile bastards soon find out that the best way to do this is to sell out the American people, and those who best sell out the people get buried in campaign money.

Oxfam earlier this year pointed out eight billionaires own as much as the bottom half of humanity, that being 3.75 billion people. Because we have billionaires, we have millions starving to death unnecessarily. There is enough food in the world to feed everyone, but a lot of it rots in warehouses while seeking a price that would please the billionaires.

The super rich want more money, at any cost, and obviously don’t care how many die from unsafe workplaces, unsafe products or a poisoned environment.

It was one of our wealthy slave-owning founders who described the elites who rule today. Thomas Jefferson said “Merchants have no country. The mere spot they stand on does not constitute so strong an attachment as that from which they draw their gains.”

Jefferson always struck me as being the maverick among the ruling class who formed our plutocracy. He told a truth we don’t see in the mainstream press today, where all of this is covered up like the location of President Kennedy’s brain.

 

Jack Balkwill has been published from the little read Rectangle, magazine of the English Honor Society, to the (then) millions of readers USA Today and many progressive publications/web sites such as Z Magazine, In These Times, Counterpunch, This Can’t Be Happening, Intrepid Report, and Dissident Voice. He is author of “An Attack on the National Security State,” about peace activists in prison.

Dear America: If You Want to Stop Racism, Tear Down the Drug War—Not Statues

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We cannot change the future by trying to erase the past. Tearing down a statue is not a solution to racism — ending the drug war is.

By Matt Agorist

Source: The Free Thought Project

On Monday, protesters — reacting to the violence in Charlottesville over the weekend — brought a ladder and some rope to North Carolina and tore down a near century old statue of a Confederate soldier. Unsurprisingly, nothing changed. However, the Durham Police Department and the Durham County Sheriff’s Office announced that they will be seeking criminal charges for those involved in the destruction of the statue.

Watching people wage violence against their fellow human in the name of protecting or tearing down some arbitrary government artifact is as disheartening as it is frustrating. The future cannot be changed by attempting to erase the past.

A statue holds no magical power to make people racists. If anything, the monuments to former racists serve as reminders that the state can and always will be open to the influence of bigotry — and only the state has the power to enforce racism.

An ignorant racist is exactly that — however, if society grants that ignorant racist a political position or a badge and a gun, this ignorant racist now has power over you. Removing or keeping a piece of concrete will never change this.

Jim Crow laws weren’t overturned because people went around town tearing down statues.

Racist government laws were brought to an end because people refused to obey them. Had Rosa Parks used her time and energy lobbying to take down a statue instead of disobeying a racist law, rest assured Browder v. Gayle, which ruled that segregated buses were unconstitutional, would’ve never happened.

Had the Civil Rights Movement in the 1950s not organized the Montgomery Bus Boycott, rest assured, desegregation would’ve taken much longer.

Society has the amazing ability to force positive change through nonviolent and nondestructive means. However, all too often, we let emotions rule our thoughts and take to yelling and fighting in the streets and destroying property. This only serves to create more divide and empower the ranks of the racists.

If we really want to put the brakes on a racist system, fighting with other citizens (even if they are devout racists) will never work.

Boycotts, refusal of service, shaming, exposing — these are the tools we as citizens have against other citizens who are spreading hate and racism.

One amazing private solution to racism actually just happened on Tuesday in Washington. Richard Spencer, the ostensible leader of the white supremacists, was forced to hold his press conference in his own house because businesses refused to allow him to rent their hotels. This campaign of public shaming and refusal of service is far more effective than tearing down a statue or attempting to use the government to ban hate speech.

But what do we do when the state is perpetuating a racist system and prolonging the suffering of minorities? Again, the answer to that question is not to tear down a statue, but to realize where the power of this racism rests.

In America, the area of government that is most responsible for maintaining a racist system, allowing racist actors to oppress their targets with impunity, and perpetuating the suffering and plight of millions through the persecution of morally innocent individuals — is the war on drugs.

Without a doubt, the war on drugs fuels the racist system by targeting minorities and the poor. It serves to increase interactions between police—who are often caught joining the force to act out their racist desires—and the citizens.

The drug war, from the police departments to the court systems, unequivocally targets and punishes minorities harder for the same victimless crimes for which their white counterparts receive slaps on the wrist.

As TFTP reported last year, a scathing report in Harper’s Magazine, written by Dan Baum set the record straight and relieved all doubt over the intentions of the drug war. John Daniel Ehrlichman, counsel and domestic policy chief to President Richard Nixon, came clean on the real reason behind the war on drugs — to criminalize blacks and hippies.

According to Baum, he tracked down Ehrlichman in 1994 at his engineering firm in Atlanta, Georgia.

“You want to know what this was really all about?” Ehrlichman bluntly asked Baum of the war on drugs. “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”

To this day, the racist intentions behind the war on drugs serve to further oppress black communities. The war on drugs is still creating criminals out of otherwise innocent individuals who’re caught in possession of arbitrary substances, removing their opportunity for employment by giving them criminal records, and guaranteeing a difficult future within the working class.

It is no coincidence that the ACLU refers to the drug war as the new Jim Crow.

As Graham Boyd wrote in 2001, in a report in NACLA:

The war on drugs subjects the United States to much of the same harm, with much of the same economic and ideological underpinnings, as slavery itself. Just as Jim Crow responded to emancipation by rolling back many of the newly gained rights of African-Americans, the drug war is again replicating the institutions and repressions of the plantation. And like slavery and Jim Crow, the drug war garners appalling levels of support. Each has its own rhetoric, each its own claims to unassailable legitimacy. The brutality of slavery was justified on economic and paternalistic grounds. Jim Crow pretended that separate but equal treatment sufficed, even as blacks faced daily lynchings and every form of overt discrimination. The drug war claims morality and protection of children as its goals, while turning a blind eye to the racial injustice it promotes. And with all three systems of oppression, much of society sits idly by, accepting the rhetoric that later will seem so unbelievably corrupt. We will one day understand that the war on drugs was a war on people and communities.

If we really want to deal a blow to this racist system we must strike the root. The drug war is one such root. Until we eliminate the cause of this strife, tearing down all the statues in the world will do nothing. Until we realize that we are financing our own oppression and refuse to support the government programs that keep us in the days of Jim Crow, the tyranny will remain.

It is high time we realize this real solution to this real problem before the entire country is so divided that we enter a new American civil war.

The State is at War — with the Future

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By Thomas L. Knapp

Source: The Fifth Column

It’s turning into a long hot summer for the emerging global counter-economy.

In June and July, an international group of law enforcement agencies took down two of the largest “Dark Web” marketplaces, Hansa and Alphabay.

Then on July 25, the US Securities and Exchange Commission issued a weird, barely coherent, press release seemingly kinda sorta but not exactly declaring its own plenary authority over all things cryptocurrency.

On the heels of the SEC’s fit of apparent glossolalia, the US Department of Justice announced its indictment of cryptocurrency exchange BTC-e for “money laundering” even as one of the site’s admins, Alexander Vinnik, was arrested in Greece.

What we’re seeing is the latest bit of backlash from a political establishment scared witless by technologies which threaten to make it superfluous.

A friend of mine who writes under the pseudonym dL notes that “[t]he trajectory of technology follows a repeated path. When first introduced, it gives an asymmetric advantage to the individual. Over time, the state catches up and the asymmetric advantage shifts to the state.” Maybe he’s right. Maybe the political class will be able to nip a bright future in the bud and maintain its grip on power.

On the other hand, Victor Hugo seemed quite sure that “one withstands the invasion of armies; one does not withstand the invasion of ideas.”

We stand at the doorway of a future featuring money without borders, work and trade without permission. That future represents existential crisis for the political class: The end of the state as we know it. Absent the ability to tax and regulate its host, the parasite known as government starves and dies.

The situation is equally dire for the rest of us.

High-profile takedowns like the Silk Road, Alphabay, Hansa and BTC-e, large as they loom in the moment, are mere speed bumps. The road to the future remains open, and the only way to plausibly close that road off entirely is to essentially pull the plug on every technological development since the introduction of the personal computer. What would that look like? Think the Dark Ages, the Great Depression, and North Korea all rolled into one.

There’s no doubt that the American and global political classes are willing to go there. Any number of regimes have done so on a temporary and semi-effectual basis in times of unrest, and American politicians have seriously proposed ideas like an “Internet Kill Switch.” The excuse for such proposals is to protect us from terrorists and drug dealers, but make no mistake: Their real purpose is to protect our rulers  from us.

That’s what’s at stake, folks.  We can free ourselves or we can return to the caves. There is no third alternative.

 

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

Policing for Profit: Jeff Sessions & Co.’s Thinly Veiled Plot to Rob Us Blind

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By John W. Whitehead

Source: The Rutherford Institute

“Laws are no longer made by a rational process of public discussion; they are made by a process of blackmail and intimidation, and they are executed in the same manner. The typical lawmaker of today is a man wholly devoid of principle — a mere counter in a grotesque and knavish game. If the right pressure could be applied to him, he would be cheerfully in favor of polygamy, astrology or cannibalism. It is the aim of the Bill of Rights, if it has any remaining aim at all, to curb such prehensile gentry. Its function is to set a limitation upon their power to harry and oppress us to their own private profit.”— H.L. Mencken

Let’s not mince words.

Jeff Sessions, the nation’s top law enforcement official, would not recognize the Constitution if he ran right smack into it.

Whether the head of the Trump Administration’s Justice Department enjoys being the architect of a police state or is just painfully, criminally clueless, Sessions has done a great job thus far of sidestepping the Constitution at every turn.

Most recently, under the guise of “fighting crime,” Sessions gave police the green light to rob, pilfer, steal, thieve, swipe, purloin, filch and liberate American taxpayers of even more of their hard-earned valuables (especially if it happens to be significant amounts of cash) using any means, fair or foul.

In this case, the foul method favored by Sessions & Co. is civil asset forfeiture, which allows police and prosecutors to “seize your car or other property, sell it and use the proceeds to fund agency budgets—all without so much as charging you with a crime.”

Under a federal equitable sharing program, police turn asset forfeiture cases over to federal agents who process seizures and then return 80% of the proceeds to the police. (In Michigan, police actually get to keep up to 100% of forfeited property.)

This incentive-driven excuse for stealing from the citizenry is more accurately referred to as “policing for profit” or “theft by cop.”

Despite the fact that 80 percent of these asset forfeiture cases result in no charge against the property owner, challenging these “takings” in court can cost the owner more than the value of the confiscated property itself. As a result, most property owners either give up the fight or chalk the confiscation up to government corruption, leaving the police and other government officials to reap the benefits.

And boy, do they reap the benefits.

Police agencies have used their ill-gotten gains “to buy guns, armored cars and electronic surveillance gear,” reports The Washington Post. “They have also spent money on luxury vehicles, travel and a clown named Sparkles.”

Incredibly, these asset forfeiture scams have become so profitable for the government that, according to The Washington Post, “in 2014, law enforcement took more stuff from people than burglars did.” As the Post notes, “the Treasury and Justice departments deposited more than $5 billion into their respective asset forfeiture funds. That same year, the FBI reports that burglary losses topped out at $3.5 billion.”

In 2015, the federal government seized nearly $2.6 billion worth of airplanes, houses, cash, jewelry, cars and other items under the guise of civil asset forfeiture.

According to USA Today, “Anecdotal evidence suggests that allowing departments to keep forfeiture proceeds may tempt them to use the funds unwisely. For example, consider a 2015 scandal in Romulus, Michigan, where police officers used funds forfeited from illicit drug and prostitution stings to pay for …  illicit drugs and prostitutes.”

Memo to the rest of my fellow indentured servants who are living through this dark era of government corruption, incompetence and general ineptitude: this is not how justice in America is supposed to work.

We are now ruled by a government so consumed with squeezing every last penny out of the population that they are completely unconcerned if essential freedoms are trampled in the process.

Our freedoms aren’t just being trampled, however. They’re being eviscerated.

At every turn, “We the People” are getting swindled, cheated, conned, robbed, raided, pickpocketed, mugged, deceived, defrauded, double-crossed and fleeced by governmental and corporate shareholders of the American police state out to make a profit at taxpayer expense.

Americans no longer have to be guilty to be stripped of their property, rights and liberties. All you have to be is in possession of something the government wants. And if you happen to have something the government wants badly enough, trust me, their agents will go to any lengths to get it.

If the government can arbitrarily freeze, seize or lay claim to your property (money, land or possessions) under government asset forfeiture schemes, you have no true rights.

Here’s how the whole ugly business works in a nutshell.

First, government agents (usually the police) use a broad array of tactics to profile, identify, target and arrange to encounter (in a traffic stop, on a train, in an airport, in public, or on private property) those  individuals who might be traveling with a significant amount of cash or possess property of value. Second, these government agents—empowered by the courts and the legislatures—seize private property (cash, jewelry, cars, homes and other valuables) they “suspect” may be connected to criminal activity.

Then—and here’s the kicker—whether or not any crime is actually proven to have taken place, without any charges being levied against the property owner, or any real due process afforded the unlucky victim, the property is seized by the government, which often divvies it up with the local police who helped with the initial seizure.

In a Kafkaesque turn of the screw, the burden of proof falls on the unfortunate citizenry who must mount a long, complicated, expensive legal campaign to prove their innocence in order to persuade the government that it should return the funds they stole. Not surprisingly, very few funds ever get returned.

It’s a new, twisted form of guilt by association, only it’s not the citizenry being accused of wrongdoing, just their money.

Motorists have been particularly vulnerable to this modern-day form of highway robbery.

For instance, police stole $201,000 in cash from Lisa Leonard because the money—which Leonard planned to use to buy a house for her son—was being transported on a public highway also used by drug traffickers. Despite the fact that Leonard was innocent of wrongdoing, the U.S. Supreme Court upheld the theft on a technicality.

Police stole $50,000 in cash from Amanee Busbee—which she planned to use to complete the purchase of a restaurant—and threatened to hand her child over to CPS if she resisted. She’s one of the few to win most of her money back in court.

Police stole $22,000 in cash from Jerome Chennault—which he planned to use as the down payment on a home—simply because a drug dog had alerted police to its presence in his car. After challenging the seizure in court, Chennault eventually succeeded in having most of his money returned, although the state refused to compensate him for his legal and travel expenses.

Police stole $8,500 in cash and jewelry from Roderick Daniels—which he planned to use to purchase a new car—and threatened him with jail and money-laundering charges if he didn’t sign a waiver forfeiting his property.

Police stole $6,000 in cash from Jennifer Boatright and Ron Henderson and threatened to turn their young children over to Child Protective Services if they resisted.

Tenaha, Texas, is a particular hotbed of highway forfeiture activity, so much so that police officers keep pre-signed, pre-notarized documents on hand so they can fill in what property they are seizing.

As the Huffington Post explains, these police forfeiture operations have become little more than criminal shakedowns:

Police in some jurisdictions have run forfeiture operations that would be difficult to distinguish from criminal shakedowns. Police can pull motorists over, find some amount of cash or other property of value, claim some vague connection to illegal drug activity and then present the motorists with a choice: If they hand over the property, they can be on their way. Otherwise, they face arrest, seizure of property, a drug charge, a probable night in jail, the hassle of multiple return trips to the state or city where they were pulled over, and the cost of hiring a lawyer to fight both the seizure and the criminal charge. It isn’t hard to see why even an innocent motorist would opt to simply hand over the cash and move on.

Unsurprisingly, these asset forfeiture scams have become so profitable for the government that they have expanded their reach beyond the nation’s highways.

According to USA Today, the U.S. Department of Justice received $2.01 billion in forfeited items in 2013, and since 2008 local and state law enforcement nationwide has raked in some $3 billion in forfeitures through the federal “equitable sharing” program.

So now it’s not just drivers who have to worry about getting the shakedown.

Any American unwise enough to travel with cash is fair game for the government pickpockets.

In fact, the Drug Enforcement Administration (DEA) has been colluding with the Transportation Security Administration (TSA) and local police departments to seize a small fortune in cash from American travelers using the very tools—scanners, spies and surveillance devices—they claimed were necessary to catch terrorists.

Mind you, TSA agents already have a reputation for stealing from travelers, but clearly the government is not concerned about protecting the citizenry from its own wolfish tendencies.

No, the government bureaucrats aren’t looking to catch criminals. (If so, they should be arresting themselves.)

They’re just out to rob you of your cold, hard cash.

Think about it for a moment. You pay a hefty fee just to be able to walk free. It’s called income tax. As former presidential candidate Ron Paul recognizes, “The Founding Fathers never intended a nation where citizens would pay nearly half of everything they earn to the government.” And if you refuse to pay any of that so-called income tax, you’ll be severely fined and/or arrested and put in jail.

One more thing: you don’t really own your property. That is, your house or your land. Even when you pay off the mortgage, if you fail to pay your property taxes, government agents will evict you and take your home.

This is not freedom.

There was a time in our history when our forebears said “enough is enough” and stopped paying taxes (a pittance compared to what we are forced to shell out in taxes today) to what they considered an illegitimate government. They stood their ground and refused to support a system that was slowly choking out any attempts at self-governance, and which refused to be held accountable for its crimes against the people. Their resistance sowed the seeds for the revolution that would follow.

Unfortunately, in the 200-plus years since we established our own government, we’ve let the corporate elite and number-crunching bureaucrats pilfer our bank accounts to such an extent that we’re back where we started.

Once again, we’ve got a despotic regime with an imperial ruler doing as it pleases.

But what if we didn’t just pull out our pocketbooks and pony up to the federal government’s outrageous demands for more money? What if we didn’t just line up to drop our hard-earned dollars into the corporate collection bucket, no questions asked about how it will be spent? What if, instead of meekly tolerating the government’s ongoing efforts to rob us blind, we did something about it?

As I make clear in my book Battlefield America: The War on the American People, if the government can just take from you what they want, when they want, and then use it however they want, you can’t claim to be anything more than a serf in a land they think of as theirs.

It’s up to “We the People” to demand reform.

These injustices will continue as long as we remain silent.

As American journalist H.L. Mencken observed:

The American of today, in fact, probably enjoys less personal liberty than any other man of Christendom, and even his political liberty is fast succumbing to the new dogma that certain theories of government are virtuous and lawful, and others abhorrent and felonious. Laws limiting the radius of his free activity multiply year by year: It is now practically impossible for him to exhibit anything describable as genuine individuality, either in action or in thought, without running afoul of some harsh and unintelligible penalty. It would surprise no impartial observer if … the goddess of liberty were taken off the silver dollars to make room for a bas-relief of a policeman in a spiked helmet. Moreover, this gradual (and, of late, rapidly progressive) decay of freedom goes almost without challenge; the American has grown so accustomed to the denial of his constitutional rights and to the minute regulation of his conduct by swarms of spies, letter-openers, informers and agents provocateurs that he no longer makes any serious protest.

In other words, make them hear you.

And if they won’t listen, then I suggest it’s time for what Martin Luther King Jr. called for when government doesn’t listen: “militant nonviolent resistance.”

The Over-Criminalization of American Life

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By Charles Hugh Smith

Source: Of Two Minds

The over-criminalization of America has undermined justice, the rule of law and legal egalitarianism.

While the corporate media devotes itself to sports, entertainment, dining out and the latest political kerfuffle, America has become the Over-Criminalization Capital of the World. The proliferation of laws and administrative regulations, federal, state and local, that carry criminal penalties has swollen into the tens of thousands.

The number of incarcerated Americans exceeds 2.3 million, with the majority being non-violent offenders–often for War on Drugs offenses.

Holly Harris has written an important summary of this profoundly destabilizing trend: The Prisoner Dilemma: Ending America’s Incarceration Epidemic (Foreign Affairs, registration required).

The over-criminalization of America is a relatively recent trend. As Harris notes:

It wasn’t always like this. In 1972, for every 100,000 U.S. residents, 161 were incarcerated. By 2015, that rate had more than quadrupled, with nearly 670 out of every 100,000 Americans behind bars.

The over-criminalization of America is rooted in federal laws and regulations, and state and local governments have followed suite. here is Harris’s account:

The burgeoning U.S. prison population reflects a federal criminal code that has spiraled out of control. No one—not even the government itself—has ever been able to specify with any certainty the precise number of federal crimes defined by the 54 sections contained in the 27,000 or so pages of the U.S. Code. In the 1980s, lawyers at the Department of Justice attempted to tabulate the figure “for the express purpose of exposing the idiocy” of the criminal code, as one of them later put it. The best they were able to come up with was an educated guess of 3,000 crimes. Today, the conservative Heritage Foundation estimates that federal laws currently enumerate nearly 5,000 crimes, a number that grows every year.

Overcriminalization extends beyond the law books, partly because regulations are often backed by criminal penalties. That is the case for rules that govern matters as trivial as the sale of grated cheese, the precise composition of chicken Kiev dishes, and the washing of cars at the headquarters of the National Institutes of Health. State laws add tens of thousands more such crimes. Taken together, they push the total number of criminally punishable offenses in the United States into the hundreds of thousands. The long arm of the law reaches into nearly every aspect of American life. The legal scholar Harvey Silverglate has concluded that the typical American commits at least three federal felonies a day, simply by going through his or her normal routine.

Federal policies reward states for building prisons and mandating harsher sentences:

…federal incentives for states that safely decrease their prison populations and reconsider ineffective sentencing regimes…would represent a stark reversal of legislation signed into law by President Bill Clinton in 1994, which did just the opposite, offering federal dollars to states that imposed harsher criminal penalties and built more prisons, which contributed to the explosion of incarceration rates during the past two decades.

How did we become a Gulag Nation of tens of thousands of laws and regulations and mandatory harsh sentences for non-violent crimes–a society imprisoned for administrative crimes that aren’t even tried in our judiciary system? I would suggest two primary sources:

1. The relentless expansion of central-state power over every aspect of life. As I describe in my book Resistance, Revolution, Liberation: A Model for Positive Change, the state has only one ontological imperative: to expand its power and control. There are no equivalent mechanisms for reducing the legal/regulatory burdens imposed by the state; various reforms aimed at reducing the quantity of laws and regulations have not even made a dent in the over-criminalization of America.

The second dynamic is the political reality that the easiest way for politicos to be seen as “doing something” is to pass more laws and regulations criminalizing an additional aspect of life. The state and its elites justify the state’s relentless expansion of power and control by claiming problems can only be solved by centralizing power further and increasing the number and severity of penalties.

Criminalization is the ultimate expansion of the state’s monopoly on coercive violence. As the state expands its power to imprison or punish its citizens for an ever-wider range of often petty infractions, increasingly via a bureaucratic administrative process that strips the citizens of due process, another pernicious dynamic emerges: the informal application and enforcement of formal laws and regulations.

In other words, the laws and regulations are enforced at the discretion of the state’s officials. This is the systemic source of driving while black: a defective tail-light gets an African-American driver pulled over, while drivers of other ethnic origin get a pass.

This is also the source of America’s systemic blind eye on white-collar crimes while the War on Drugs mandates harsh sentences with a cruel vengeance. When there are so many laws and regulations to choose from, government officials have immense discretion over which laws and regulations to enforce.

Prosecutors seeking to increase their body count will use harsh drug laws to force innocents to accept plea bargains, while federal prosecutors don’t even pursue white-collar corporate fraud on a vast scale.

The over-criminalization of America has undermined justice, the rule of law and the bedrock notion that everyone is equal under the law, i.e. legal egalitarianism.

The over-criminalization of America breeds corruption as the wealthy and powerful evade the crushing burden of over-regulation by either buying political favors in our pay-to-play “democracy” (money votes, money wins) or by hiring teams of attorneys, CPAs, etc. to seek loopholes or construct a courtroom defense.

Meanwhile, the peasantry are offered a harsh plea bargain.

The over-criminalization of America is one core reason why the status quo has failed and cannot be reformed. That is the title of one of my short works, Why Our Status Quo Failed and Is Beyond Reform, which explains why the ceaseless expansion of centralized power leads to failure and collapse.