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Armed and Dangerous: If Police Don’t Have to Protect the Public, What Good Are They?

by John W. Whitehead, Commentary, The Rutherford Institute

After a shooting spree, they always want to take the guns away from the people who didn’t do it. I sure as hell wouldn’t want to live in a society where the only people allowed guns are the police and the military. — Author William S. Burroughs

In the American police state, police have a tendency to shoot first and ask questions later.

In fact, police don’t usually need much incentive to shoot and kill members of the public.

Police have shot and killed Americans of all ages—many of them unarmed—for standing a certain way, or moving a certain way, or holding something—anything—that police could misinterpret to be a gun, or igniting some trigger-centric fear in a police officer’s mind that has nothing to do with an actual threat to their safety.

In recent years, Americans have been killed by police merely for standing in a “shooting stance,” holding a cellphone, behaving oddly and holding a baseball bat, opening the front door, running in an aggressive manner holding a tree branch, crawling around naked, hunching over in a defensive posture, wearing dark pants and a basketball jersey, driving while deaf, being homeless, brandishing a shoehorn, holding a garden hose, and peeing outdoors.

So when police in Florida had to deal with a 19-year-old embarking on a shooting rampage inside Marjory Stoneman Douglas High School in Parkland, Fla., what did they do?

There were four armed police officers, including one cop who was assigned to the school as a resource officer, on campus during that shooting. All four cops stayed outside the school with their weapons drawn (three of them hid behind their police cars).

Not a single one of those cops, armed with deadly weapons and trained for exactly such a dangerous scenario, entered the school to confront the shooter.

Seventeen people, most of them teenagers, died while the cops opted not to intervene.

Let that sink in a moment.

Now before your outrage bubbles over, consider that the U.S. Supreme Court has repeatedly affirmed (most recently in 2005) that police have no constitutional duty to protect members of the public from harm.

Yes, you read that correctly.

According to the U.S. Supreme Court, police have no duty, moral or otherwise, to help those in trouble, protect individuals from danger, or risk their own lives to save “we the people.”

In other words, you can be outraged that cops in Florida did nothing to stop the school shooter, but technically, it wasn’t part of their job description.

This begs the question: If the police don’t have a duty to protect the public, what are we paying them for? And who exactly do they serve if not you and me?

Why do we have more than a million cops on the taxpayer-funded payroll in this country whose jobs do not entail protecting our safety, maintaining the peace in our communities, and upholding our liberties?

Why do we have more than a million cops who have been fitted out in the trappings of war, drilled in the deadly art of combat, and trained to look upon “every individual they interact with as an armed threat and every situation as a deadly force encounter in the making?

I’ll tell you why.

It’s the same reason why the Trump Administration has made a concerted effort to expand the police state’s power to search, strip, seize, raid, steal from, arrest and jail Americans for any infraction, no matter how insignificant.

This is no longer a government “of the people, by the people, for the people.”

It is fast becoming a government “of the rich, by the elite, for the corporations,” and its rise to power is predicated on shackling the American taxpayer to a life of indentured servitude.

Cops in America may get paid by the citizenry, but they don’t work for us.

They don’t answer to us. They’re not loyal to us.

And they certainly aren’t operating within the limits of the U.S. Constitution.

That “thin, blue line” of loyalty to one’s fellow cops has become a self-serving apparatus that sees nothing wrong with advancing the notion that the lives—and rights—of police should be valued more than citizens.

As one commentator remarked, “‘Protect and Serve’ are the words we see on the side of many police cars and is the motto of most police forces. The words define the mission of the police, which is to ‘protect’ citizens and ‘serve’ the public. However, it has become increasingly clear that in far too many police forces those words have been twisted beyond recognition. Too often they appear to mean, ‘to protect officers and serve the police force.’ ‘Force Protection’ has become the primary motivating force for many in the Police. That term is actually a military concept which means that you do everything you can to protect the troops when planning and executing a combat mission.”

The myth of the hero cop really is a myth.

Cops are no more noble, no more self-sacrificing, no braver and certainly no more deserving of special attention or treatment than any other American citizen.

Yet, as journalist David Feige explains, “For the last three decades, police unions have managed to portray their members as indispensable heroes in a deadly and dangerous war. [In] the years since the Sept. 11 attacks, the story of the hero cop has become so powerful and pervasive that even questioning police behavior is decried as disloyal, un-American, and dangerous.”

This misplaced patriotism about police and, by extension, the military—a dangerous re-shifting of the nation’s priorities that has been reinforced by President Trump with his unnerving knack for echoing past authoritarian tactics—paves the way for even more instability in the nation.

Feige continues:

“There are real-world harms that follow from the myths perpetuated by police unions. Arguments about the dangerous nature of police work drive the increasing militarization of police departments. The life-and-death nature of the job is used to push for extremely generous medical leave, overtime, and pay packages. Most insidious of all, the exaggerated danger and trumped-up heroism drives an us-versus-them mentality that suffuses contemporary big-city policing and bleeds into the criminal justice system, causing systemic imbalances that chronically favor the police over citizens. Together, this creates a sense of invincibility and righteousness among the police that is used to justify even outrageous behavior while simultaneously creating the perception among the public that the police are untouchable.”

For years now, we’ve been told that cops need military weapons to wage the government’s wars on drugs, crime and terror.

We’ve been told that cops need to be able to crash through doors, search vehicles, carry out roadside strip searches, shoot anyone they perceive to be a threat, and generally disregard the law whenever it suits them because they’re doing it to protect their fellow Americans from danger.

We’ve been told that cops need extra legal protections because of the risks they take.

None of that is true.

For the record, any police officer who tells you that he needs tanks, SWAT teams, and pepper spray to do his job shouldn’t be a police officer in a constitutional republic.

Unfortunately, “we the people” don’t get to call the shots anymore. And we no longer live in a constitutional republic.

Welcome to the American police state, funded by Corporate America, policed by the military industrial complex, and empowered by politicians whose primary purpose is to remain in office.

It’s a short hop, skip and a jump from the police state we’re operating under right now to a full-blown totalitarian regime ruled with the iron fist of martial law.

The groundwork has already been laid.

The events of recent years have only served to desensitize the nation to violence, acclimate them to a militarized police presence in their communities, and persuade them that there is nothing they can do to alter the seemingly hopeless trajectory of the nation: the invasive surveillance, the extremism reports, the civil unrest, the protests, the shootings, the bombings, the military exercises and active shooter drills, the color-coded alerts and threat assessments, the fusion centers, the transformation of local police into extensions of the military, the distribution of military equipment and weapons to local police forces, the government databases containing the names of dissidents and potential troublemakers.

The sight of police clad in body armor and gas masks, wielding semiautomatic rifles and escorting an armored vehicle through a crowded street, a scene likened to “a military patrol through a hostile city,” no longer causes alarm among the general populace.

Few seem to care about the government’s endless wars abroad that leave communities shattered, families devastated and our national security at greater risk of blowback. Indeed, there were no protests in the streets after U.S. military forces carried out air strikes on a Syrian settlement, killing 25 people, more than half of which were women and children.

And then there’s President Trump’s plans for a military parade on Veterans Day (costing between $10 million and $30 million) to showcase the nation’s military might. Other countries that feel the need to flex their military muscles to its citizens and the rest of the world include France, China, Russia and North Korea.

Connect the dots, people.

This stealthy, creeping, silent coup that is the same danger that writer Rod Serling warned against in the 1964 political thriller Seven Days in May, which put the military in charge of a coup that would institute martial law packaged as a well-meaning and overriding concern for the nation’s security.

On the big screen, the military coup is foiled and the republic is saved in a matter of hours. In the real world, however, the plot thickens and spreads out over the past half century.

We’ve been losing our freedoms so incrementally for so long—sold to us in the name of national security and global peace, maintained by way of martial law disguised as law and order, and enforced by a standing army of militarized police and a political elite determined to maintain their powers at all costs—that it’s hard to pinpoint exactly when it all started going downhill, but we’re certainly on that downward trajectory now, and things are moving fast.

The question is no longer whether the U.S. government will be preyed upon and taken over by the military industrial complex. That’s a done deal.

We’ve allowed ourselves to be acclimated to the occasional lockdown of government buildings, Jade Helm military drills in small towns so that special operations forces can get “realistic military training” in “hostile” territory, and Live Active Shooter Drill training exercises, carried out at schools, in shopping malls, and on public transit, which can and do fool law enforcement officials, students, teachers and bystanders into thinking it’s a real crisis.

Still, you can’t say we weren’t warned.

Back in 2008, an Army War College report revealed that “widespread civil violence inside the United States would force the defense establishment to reorient priorities in extremis to defend basic domestic order and human security.” The 44-page report went on to warn that potential causes for such civil unrest could include another terrorist attack, “unforeseen economic collapse, loss of functioning political and legal order, purposeful domestic resistance or insurgency, pervasive public health emergencies, and catastrophic natural and human disasters.”

In 2009, reports by the Department of Homeland Security surfaced that labelled right-wing and left-wing activists and military veterans as extremists (a.k.a. terrorists) and called on the government to subject such targeted individuals to full-fledged pre-crime surveillance. Almost a decade later, after spending billions to fight terrorism, the DHS concluded that the greater threat is not ISIS but domestic right-wing extremism.

Meanwhile, the government has been amassing an arsenal of military weapons for use domestically and equipping and training their “troops” for war. Even government agencies with largely administrative functions, such as the Food and Drug Administration, Department of Veterans Affairs, and the Smithsonian, have been acquiring body armor, riot helmets and shields, cannon launchers and police firearms and ammunition. In fact, there are now at least 120,000 armed federal agents carrying such weapons who possess the power to arrest.

Rounding out this profit-driven campaign to turn American citizens into enemy combatants (and America into a battlefield) is a technology sector that has been colluding with the government to create a Big Brother that is all-knowing, all-seeing and inescapable. It’s not just the drones, fusion centers, license plate readers, stingray devices and the NSA that you have to worry about. You’re also being tracked by the black boxes in your cars, your cellphone, smart devices in your home, grocery loyalty cards, social media accounts, credit cards, streaming services such as Netflix, Amazon, and e-book reader accounts.

All of this has taken place right under our noses, funded with our taxpayer dollars and carried out in broad daylight without so much as a general outcry from the citizenry.

It’s astounding how convenient we’ve made it for the government to lock down the nation.

Mind you, by “government,” I’m not referring to the highly partisan, two-party bureaucracy of the Republicans and Democrats.

As I point out in my book Battlefield America: The War on the American People, I’m referring to “government” with a capital “G,” the entrenched Deep State that is unaffected by elections, unaltered by populist movements, and has set itself beyond the reach of the law.

I’m referring to the corporatized, militarized, entrenched bureaucracy that is fully operational and staffed by unelected officials who are, in essence, running the country and calling the shots in Washington, D.C., no matter who sits in the White House.

This is the hidden face of a government that has no respect for the freedom of its citizenry. 

This article was originally published as a column at rutherford.org on Feb. 26, 2018; reprinted with permission, with minor edits. Copyright, 2018.

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute

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