Jan 062012


On December 31st, President Obama signed the National Defense Authorization Act (NDAA). A lot has been said and written about this “indefinite detention” act and whether it applies to Americans on American soil. I’m not going to add to that debate. I have read various opinions concerning this bill ranging from “due process is dead” to “no big deal, they’re just formalizing what the government has been doing since 9/11” and I find myself more on the side of the “due process is dead” crowd.

I have to admit, however,  that I didn’t see this coming. I have been seriously concerned about the increasingly tyrannical turn that the American government has taken since 9/11 and have written several posts about it. But this act, coupled with previous ones, and with  judicial rulings on limits (or not) to government surveillance techniques and several proposed new laws (for example, SPOA and PIPA), seem to have moved me squarely into the tin-foil hat, conspiracy nut crowd.

What I see coming together is a large expansion of government power into what could ultimately move toward a totalitarian regime. Consider some of the following:

The 9/11 attack and the passage of the Patriot Act lead to the creation of the Department of Homeland Security. (Does it bother anyone else that the name “Homeland” sounds so much like “Fatherland” that other notorious regimes used to refer to their country?) The DHS gathered together many smaller agencies under one banner, allowing more effective control by a smaller group of people.

In addition to existing agencies, the Transportation Security Administration (TSA) was also created under DHS. Notice that TSA is not named the “Aviation Security Administration”. On its website, the TSA says that has “responsibility for security for all modes of transportation” (emphasis mine). After making commercial airplane travel a completely miserable experience, TSA VIPR (Visible Intermodal Prevention and Response) teams have now moved on to other modes of transportation.The VIPR teams have expanded to trains (including at least one incident where passengers were searched after completing their journey and leaving the train) and buses. VIPR teams have also been conducting truck searches and, in  November of 2011, conducted a pilot program in Tennessee. This pilot program was not based on any specific threat but was conducted to provide “a visible deterrence and detection security presence across Tennessee.” Other states are following.

Consider also the case with another part of DHS, Immigrations and Customs Enforcement (ICE) and the US Border Patrol. ICE has partnered with local law enforcement to enforce immigration laws, often resulting in what critics claim are instances of racial profiling. This cooperation has lead to a combining of federal and local law enforcement in a way not seen before.

The Border Patrol, on the other hand, has declared the border inspection zone with which they are concerned to include from the nation’s borders to 100 miles inland. In some cases, the Border Patrol will even expand that zone if the area in question is the “functional equivalent” of a border. Customs may also “confiscate and examine” any electronic devices a traveler may have when he or she crosses the border. There is no necessity for probable cause and they (Customs) can look for evidence of any possible crime. They can examine and copy the hard drive contents.

Something that few people took notice of was the John Warner Defense Authorization Act for Fiscal Year 2007, signed by President Bush on October 17, 2006, which gives the president the power to employ the armed forces to restore public order in any state of the United States. This further weakens the Posse Comitatus Act (pass by Congress on June 16, 1878) which prohibits most members of the federal uniformed services from exercising state law enforcement powers that maintain “law and order” on non-federal property. It allows the president to, for example, use the National Guard from state A to work in state B, in law enforcement, regardless of the wishes of the respective state governors (to whom the National Guard ostensibly reports).

And now, since NDAA has declared the whole world a war zone, anyone can be declared an enemy combatant and held without charges or access to a lawyer indefinitely. (Until the war is over? When will the “War on Terror” be over? How long has the “War on Drugs” been going on?)

So here’s what I missed. With the Patriot Act, legalized unfettered government surveillance, the ability to stop, search and possibly arrest you without charges, control over travel (by whatever means), and, with SOPA and PIPA, control over the internet worthy of a country such as Iran or China, the government is perfectly positioned to stop any potential uprising by an angered populace. No Jeffersonian revolution for the US.

I sure hope I’m a hopelessly out-of-touch conspiracy nut, because I fear for our democracy.

EDIT: 01/08/2012—Added section on the Posse Comitatus Act and the legislation which made that act moot.

 Posted by at 5:45 pm