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Congress’ Treachery, the FBI’s Double-Crossing and the American Citizenry’s Cluelessness: With Friends Like These, Who Needs Enemies?

by | May 31, 2016

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As the grandfather of three young ones, ages 5 to 9, I get to see my fair share of kid movies: plenty of hijinks, lots of bathroom humor, and an endless stream of slapstick gags. Yet even among the worst of the lot, there’s something to be learned, some message being conveyed, or some aspect of our reality being reflected in celluloid.

So it was that I found myself sitting through The Angry Birds Movie on a recent Sunday afternoon, doling out popcorn, candy and drinks and trying to make sense of a 90-minute movie based on a cell phone video game that has been downloaded more than 3 billion times.

The storyline is simple enough: an island nation of well-meaning, feel-good, flightless birds gets seduced by a charismatic green pig and his cohort who comes bearing food, wine and entertainment spectacles (the Roman equivalent of bread circuses). Ignoring the warnings of one solitary, suspicious “angry” bird that the pigs are up to no good, the clueless birds eventually discover that the pigs have stolen their most precious possessions: their eggs, the future of their entire society. It takes the “angry bird” to motivate the normally unflappable Bird Nation to get outraged enough to do something about the violation of their trust by the pigs and the theft of their personal property.

While one would be hard-pressed to call The Angry Birds Movie overly insightful, it is, as The Atlantic concludes, a “feather-light metaphor for our times… The film functions, effectively, as a fairy tale: It uses its status as fantasy to impart lessons about reality.”

It turns out that we’re no different from the wine-guzzling, food-noshing, party-loving Bird Nation. We too are easily fooled by charismatic politicians bearing gifts. And we too are easily distracted as those same politicians and their cohorts rob us blind.

Case in point: while presidential candidates continue to distract us with spectacular feats of chest-thumping, browbeating and demagoguery, the police state continues its steady march onward.

All of the revelations of government wrongdoing, spying and corruption disclosed by NSA whistleblower Edward Snowdenseem to have fallen on deaf ears.

Nothing has improved or changed for the better.

There has been no real reform, no significant attempts at greater transparency, no accountability, no scaling back of the government’s warrantless, illegal domestic surveillance programs, and no recognition by Congress or the courts that the Fourth Amendment provides citizens with any protection against unreasonable searches and seizures by government agents.

In fact, as I point out in my book Battlefield America: The War on the American People, we’ve been subject to even more obfuscation, even more lies, even more sleight-of-hand maneuvers by government agencies determined to keep doing what they’re doing without any restrictions on their nefarious activities, and even more attempts by government agencies to listen in our phone calls, read our emails and text messages, monitor our movements, and generally imprison us within an electronic concentration camp.

It’s no coincidence that almost exactly three years after Snowden began his steady campaign to leak documents about the government’s illegal surveillance program, Congress is preparing to adopt legislation containing a secret provision that would expand the FBI’s powers to secretly read Americans’ emails without a court order.

Yes, you read that correctly.

The government is planning to push through secret legislation that would magnify its ability to secretly spy on us without a warrant.

After three years of lying to us about the real nature of the government’s spying program, feigning ignorance, dissembling, and playing at enacting real reforms, it turns out that what the government really wants is more power, more control and more surveillance.

A secret provision tacked onto the 2017 Intelligence Authorization Act will actually make it easier for the government to spy on Americans’ emails as well as their phone calls.

If enacted, this law would build upon the Patriot Act’s authorization of National Security Letters (NSL) which allows the FBI to secretly demand—without prior approval from a judge and under a gag order that carries the penalty of a prison sentence—that banks, phone companies, and other businesses provide them with customer information and not disclose the demands to the person being investigated or even indicate that they have been subjected to an NSL.

As if the FBI didn’t have enough corrupt tools in its bag of tricks already.

NSLs—in existence since the 1970s—empower FBI operatives to delve into Americans’ most personal affairs based only on the say-so of an agency that has come to be known as America’s Gestapo, or secret police. Incredibly, all the FBI needs to assert in order to justify such a search is that the information sought is relevant to a national-security investigation.

Clandestine requests. Broad powers. Minimal insight. Intimidation tactics.

That’s how the FBI’s use of NSLs are described, but it can easily be applied to the government-at-large and its voracious quest for ever-greater powers without any real accountability to the citizenry or any adherence to the rule of law.

It’s estimated that the FBI issues approximately 40,000 to 60,000 such NSLs per year and that number is growing.

Incredibly, Barack Obama criticized President Bush for his administration’s mass government surveillance programs only to fully embrace them once he himself had attained the White House. Indeed, the Obama administration has been lobbying for years to expand the FBI’s use of NSLs to include emails.

Now, here we are, eight years later, and we’re still being treated like the gullible birds in The Angry Birds Movie, easily pacified with bread, easily distracted by circuses, and easily robbed of our most precious possessions—our freedoms, our privacy and our right to have a government that abides by the rule of law and answers to us.

There are many ways of reacting to this latest news about the government’s treachery.

You can subscribe to the simplistic, head-in-the-sand routine and do as one of my so-called Facebook “friends” suggests and just obey the law, hoping that it will keep you out of the government’s clutches, but that’s no guarantee of safe passage. Of course, that will mean knowing the law—federal, state and local—in all of its convoluted, massive, growing permutations, understanding that overcriminalization has resulted in the average person unknowingly committing three crimes a day.

You can insist that such concessions to security are making us safer, even though facts suggest otherwise. Barring a few notable exceptions, the politicians are singing the same tune: security at any cost. Yet this whole line of reasoning is hogwash. Government spying isn’t making us safer, but it is making us less free. As NSL whistleblower Nicholas Merrill points out, the terrorist attacks in Paris were carried out by individuals “communicating without the use of any type of security or encryption. They were speaking in Facebook groups and using regular text messaging on their phones, without taking any steps to cover their tracks or make it harder to listen in on what they were doing. To me this proves that the whole dragnet surveillance system that we’ve built is actually useless, because it didn’t help us at all to prevent that type of attack.”

You can cast your ballot for one of the many slogan-spouting politicians who are long on lies and short on loyalty to their constituents. Every one of the members of the Senate Intelligence Committee who voted for this legislation is a traitor to their oath of office and should be booted off that committee. What’s more, any member of Congress who votes for this legislation should be sent packing back to where they came from. It’s our job to make them toe the line when their thinking goes awry.

Or you can stop drinking the happy juice, stop believing the politicians’ lies, stop being so gallingly gullible and out to lunch, and start getting angry. In our politically correct, feel-good, play nice culture, anger has gotten a bad rap, but there’s something to be said for righteous anger acted upon in a nonviolent, effective fashion. It’s what Martin Luther King Jr. referred to as “military nonviolent resistance.” It means caring enough to get off your caboose, get on your feet and get actively involved in holding government officials accountable to the simple fact that they work for “we the people.”

It’s not an easy undertaking.

The government has been playing fast and loose with the rules for too long now, and its greed for power and riches is boundless.

Still we are not powerless, although the government’s powers grow daily. We have not yet been altogether muzzled, although the acts of censorship increase daily. And we have not yet lost all hope for restoring our republic, although the outlook appears bleaker by the day.

For the moment, we still have some small allotment of freedoms by which we can express our displeasure, push back against injustice and corruption, and resist tyranny. One Texas man, outraged at being fined $212 for driving 39 in a 30 mph zone, chose to pay his fine with 22,000 pennies. It was a small act of disdain in the face of a government machine that tolerates little resistance, but it was acts such as these that sowed the early seeds of resistance that birthed this nation.

As revolutionary patriot Samuel Adams observed, “It does not take a majority to prevail… but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men.”

Reprinted with permission from the Rutherford Institute.

Author

  • John W. Whitehead

    John W. Whitehead is an attorney and author who has written, debated and practiced widely in the area of constitutional law and human rights. Whitehead's concern for the persecuted and oppressed led him, in 1982, to establish The Rutherford Institute, a nonprofit civil liberties and human rights organization

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