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What Biden’s Vaccine Mandate Means for You | Russell Brand & Dr. Mercola

By Dr. Joseph Mercola | mercola.com

Story at-a-glance

  • In his presidential campaign, Joe Biden promised he would not impose vaccine mandates. September 9, 2021, Biden issued an executive order, mandating all U.S. companies with 100 or more employees to require COVID vaccination or weekly testing, or face federal fines of up to $14,000 per violation
  • Biden is also requiring all federal employees and federal contractors to get the shots. Postal workers and members of Congress and their staff just happen to have been made exempt from this requirement
  • No exceptions for persons who have already had COVID and recovered, and therefore have antibodies to the virus, have been issued. Several lawsuits are underway by people who have natural immunity and don’t need or benefit from the mandated COVID shots
  • The Republican National Committee has announced they will sue the Biden administration for issuing an unconstitutional mandate
  • While the U.S. Food and Drug Administration has granted full approval to Comirnaty, that product is not yet available. The only Pfizer shot currently available, called BNT162b2, remains under emergency use authorization, and the two differ widely in their legal liabilities

September 9, 2021, in a sweeping executive order,1 president Joe Biden mandated all U.S. companies with 100 or more employees to require COVID vaccination or weekly testing or face federal fines of up to $14,000 per violation. Biden also ordered businesses to give time off to employees to receive the injections.

Biden is also requiring all federal employees and federal contractors to get the shots. For unspecified reasons, postal workers and members of Congress and their staff are exempt from the vaccine mandate. Biden did not make any exceptions for persons who have already had COVID and recovered, and therefore have antibodies to the virus.

He also said he’d use his “power as president” against any governor unwilling to follow the order “to get them out of the way.”2 Biden may be biting off more than he can chew, however, because as of September 11, 2021, 28 states were already pushing back against federal vaccine mandates.3

The many States Vow to Fight Back Unconstitutional Mandate

The backlash was swift. The Republican National Committee quickly announced they would sue the Biden administration for issuing an “unconstitutional mandate.” GOP Chairwoman Ronna McDaniel issued a statement:4

“Joe Biden told Americans when he was elected that he would not impose vaccine mandates. He lied. Now small businesses, workers, and families across the country will pay the price.

Like many Americans, I am pro-vaccine and anti-mandate. Many small businesses and workers do not have the money or legal resources to fight Biden’s unconstitutional actions and authoritarian decrees, but when his decree goes into effect, the RNC will sue the administration to protect Americans and their liberties.”

Nebraska Republican Sen. Ben Sasse told the Daily Caller:5

“President Biden is so desperate to distract from his shameful, incompetent Afghanistan exit that he is saying crazy things and pushing constitutionally flawed executive orders.

This is a cynical attempt to pick a fight and distract from the President’s morally disgraceful decision to leave Americans behind Taliban lines on the 20th anniversary of 9/11. This isn’t how you beat COVID, but it is how you run a distraction campaign — it’s gross and the American people shouldn’t fall for it.”

In a series of tweets, South Dakota Gov. Kristi Noem stated:6,7

“South Dakota will stand up to defend freedom @JoeBiden see you in court,” and “My legal team is standing by ready to file our lawsuit the minute Joe Biden files his unconstitutional rule. This gross example of federal intrusion will not stand.”

Georgia Gov. Brian Kemp also issued a statement saying he intends to “pursue every legal option available” to halt Biden’s “blatantly unlawful overreach,” as did Arizona Gov. Doug Ducey, who in a tweet stated:8

“This is exactly the kind of big government overreach we have tried so hard to prevent in Arizona — now the Biden-Harris administration is hammering down on private businesses and individual freedoms in an unprecedented and dangerous way. This will never stand up in court.

This dictatorial approach is wrong, un-American and will do far more harm than good. How many workers will be displaced? How many kids kept out of classrooms? How many businesses fined? The vaccine is and should be a choice. We must and will push back.”

Florida Governments Face Fines if Following Biden’s Order

In Florida, Gov. Ron DeSantis countered Biden’s edict with one of his own. Any local government that makes COVID vaccination a requirement for employment will be fined $5,000 per violation.9 During September 13, 2021, press conference, DeSantis said:

“We are gonna stand for the men and women who are serving us. We are going to protect Florida jobs. We are not gonna to let people be fired because of a vaccine mandate.

You don’t just cast aside people who have been serving faithfully over this issue, over what’s basically a personal choice on their individual health. We cannot let these folks be cast aside. We cannot allow their jobs to be destroyed.”

I was going to include DeSantis’ speech in this article, but it has since been deleted for “violating YouTube’s community guidelines.” Imagine that, that they would actually remove a legally elected governor’s opinion on this topic because it violates their authoritarian tyranny.

Biden Is Clearly Out of Legal Bounds

Biden’s executive order is unlikely to stand up in court, seeing how federal law prohibits the mandating of emergency use products, which by definition are experimental. As noted in a May 2021 report by The Defender:10

“The bottom line is this: mandating products authorized for Emergency Use Authorization status (EUA) violates federal law as detailed in the following legal notifications.11

All COVID vaccines, COVID PCR and antigen tests, and masks are merely EUA-authorized, not approved or licensed, by the federal government. Long-term safety and efficacy have not been proven.

EUA products are by definition experimental, which requires people be given the right to refuse them. Under the Nuremberg Code, the foundation of ethical medicine, no one may be coerced to participate in a medical experiment. Consent of the individual is ‘absolutely essential.’

Earlier this year, Mary Holland, Children’s Health Defense president and general counsel, and attorney Greg Glaser stated that federal law prohibits employers from mandating EUA COVID vaccines (or EUA COVID-19 tests or masks). Holland and Glaser wrote:12

‘If a vaccine has been issued EUA by the FDA, it is not fully licensed and must be voluntary. A private party, such as an employer, school or hospital cannot circumvent the EUA law, which prohibits mandates. Indeed, the EUA law preventing mandates is so explicit that there is only one precedent case regarding an attempt to mandate an EUA vaccine.’”

If you’re like most, you’re probably thinking, “Well, Biden’s executive order came after the U.S. Food and Drug Administration gave full approval to the Pfizer/BioNTech COVID shot Comirnaty, so the vaccine is not under EUA.” You’d be partially right. But mostly wrong.

The Difference Between Pfizer’s BNT162b2 Shot and Comirnaty

The FDA did indeed give full approval to Comirnaty, but that product is not predicted to be available for over a year. The only Pfizer shot currently available, called BNT162b2, remains under EUA. We have the FDA to thank for this unusual and befuddling situation, but the key take-home is that while approval has been granted to Comirnaty, that product is not obtainable.

The FDA wants BNT162b2 to be viewed as interchangeable with Comirnaty, but from a legal standpoint, they clearly are not identical. BNT162b2, being under EUA, is indemnified against financial liability, whereas Comirnaty, once it becomes available, will not have that liability shield (unless Pfizer/BioNTech manage to get liability shielding for that product before its release).

In other words, if you’re injured by the BNT162b2, your only recourse is to apply for compensation from the Countermeasures Injury Compensation Act (CICP).13 Compensation from CICP is very limited and hard to get. In its 15-year history, it has paid out just 29 claims, fewer than 1 in 10.14,15,16

You only qualify if your injury requires hospitalization and results in significant disability and/or death, and even if you meet the eligibility criteria, it requires you to use up your private health insurance before it kicks in to pay the difference.

There’s no reimbursement for pain and suffering, only lost wages and unpaid medical bills. This means a retired person cannot qualify even if they die or end up in a wheelchair. Salary compensation is of limited duration and capped at $50,000 a year, and the CICP’s decision cannot be appealed.

If normal circumstances apply to Comirnaty, were you to be injured by that injection, you’d be able to sue for damages under the National Vaccine Injury Compensation Plan (VICP),17 so from a legal perspective, there’s a rather significant difference between these two products.

Legal Notifications You Can Use

If your employer or school requires you to get a COVID shot, consider using the legal notifications provided by the Children’s Health Defense legal team. The notices inform employers and educational institutions that they are violating federal law.

Three separate notices are available for download from the Children’s Health Defense Legal Resources page;18 one for mask mandates, one for PCR testing, and a third for vaccines. There, you can also find information on how to request a religious exemption for COVID-19 vaccine mandates in the workplace.

Vaccine Mandate Heralds Communist Style Social Credit System

In a September 13, 2021, episode of Fox News’ Fox & Friends, co-host Rachel Campos-Duffy warned that vaccine mandates are “the beginning of the communist-style social credit system,” adding:19

“Dr. Anthony Fauci is now saying that if you don’t have the vaccine, you shouldn’t be able to have air travel. I mean, this happens in China. In China … if you don’t agree with the government, you can’t get on a train. They block you. They have a way to do that, and this is the beginning of that system where if you’re a dissident, if you don’t agree with the party in power, you will be punished.”

Are we rushing toward a social credit system where behavior is either rewarded or punished based on the whims of those in charge of the system? Biden’s refusal to make exceptions for those with natural immunity, who by no stretch of the imagination actually need or benefit from a COVID shot, seems to indicate we’re definitely heading that way.

Giving people with natural immunity a health passport won’t work for the technocratic elite because the naturally immune isn’t on a vaccine subscription. The whole point of having a vaccine passport is that you lose your freedom every time a new booster rolls out. You either get the booster or lose your freedom.

People with natural immunity can’t be roped into this control scheme. What are they going to force the naturally immune to do in order to keep a valid passport? They can’t make money off natural immunity, and they can’t use it to control.

In a September 13, 2021, letter to Biden, Consumer Brands Association CEO Geoff Freeman listed 19 of 50 questions received from its member companies.20 Among those questions is whether Biden’s executive order includes religious or medical exemptions, including exemption due to natural immunity.

As reported by Newsweek,21 details of Biden’s plan will be ironed out by the U.S. Occupational Safety and Health Administration (OSHA), but in the meantime, Freeman called on the Biden administration to address some of the most pressing questions.

OSHA Lets Employers Off the Hook for Vaccine Injuries

Speaking of OSHA, in May 2021, the agency quietly revoked22 the requirement23 for employers who mandate the vaccine to record side effects as a work-related event. By doing so, OSHA relieved itself and employers from having to pay out workers’ comp if an employee is injured by a mandated COVID shot. OSHA tried to justify its decision, stating:

“OSHA does not wish to have any appearance of discouraging workers from receiving COVID-19 vaccination, and also does not wish to disincentivize employers’ vaccination efforts.

As a result, OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022. We will reevaluate the agency’s position at that time to determine the best course of action moving forward.”

People With Natural Immunity Turn to the Law

In the days ahead, our justice system is bound to clog up with lawsuits against employers, schools, and governments alike. Law professor Todd Zywicki recently sued24 George Mason University in Virginia over their vaccine mandate, as he has natural immunity. Zywicki discussed his lawsuit in August 6, 2021, Wall Street Journal commentary.25

His lawsuit pointed out that people with natural immunity have an increased risk of adverse reactions to the COVID shot — according to one study26 up to 4.4 times the risk of clinically significant side effects — and that the requirement violates due process rights, the right to refuse unwanted medical treatment, and is noncompliant with the Emergency Use Authorization.27

August 17, 2021, George Mason University caved before the case went to trial and granted Zywicki a medical exemption.28 Unfortunately, the school did not revise its general policy.

A number of other lawsuits have also been filed, including one by more than a dozen students and Children’s Health Defense against Rutgers University in New Jersey,29 and one by six Oregon workers who are suing the state on grounds that they already have natural immunity.30 The plaintiffs include two corrections officers, an EMT, a medical office manager, a school bus driver, and a special agent in charge of an Oregon Department of Justice investigatory unit.

Jason Dudash, director of the Oregon chapter of the Freedom Foundation, which is representing the state employees, accused Oregon Gov. Kate Brown of becoming “power-hungry amid the pandemic.” “The courts must establish a more logical, science-based approach,” he said.31

Military Service Members Sue Over Vaccine Mandate

Military service members with natural immunity are also suing the Department of Defense, the FDA, and the Department of Health and Human Services. As reported by The Defender:32

“The lead plaintiffs in the lawsuit, Staff Sergeant Daniel Robert and Staff Sergeant Holli Mulvihill, allege U.S. Sec. of Defense Lloyd Austin ignored the DOD’s own regulations and created an entirely new definition of ‘full immunity’ as being achievable only by vaccination.

According to the lawsuit, the military’s existing laws and regulations unequivocally provide the exemption the plaintiffs seek under Army Regulation 40-562 (‘AR 40-562’), which provides documented survivors of an infection a presumptive medical exemption from vaccination because of the natural immunity acquired as a result of having survived the infection …

Dr. Admiral Brett Giroir, HHS assistant secretary, stated in an interview Aug. 24 with Fox News: ‘So natural immunity, it’s very important … There are still no data to suggest vaccine immunity is better than natural immunity. I think both are highly protective.’

Yet on the same day, Austin issued a memo mandating the entire Armed Forces be vaccinated, in which he wrote: ‘Those with previous COVID-19 infection are not considered fully vaccinated.’

In that memo, plaintiffs allege Austin created a new term and concept, which contradicts the plain language of DOD’s own regulations, long-standing immunology practice, medical ethics and the overwhelming weight of scientific evidence regarding this specific virus.

Plaintiffs claim Austin, who is not a doctor, changed the DOD’s own regulation without providing ‘a scintilla of evidence to support it.’ They also allege Austin made the regulation change without going through the required rulemaking process, in violation of the Administrative Procedures Act review.”

The lawsuit also points out that Pfizer’s Phase 3 trials, which is the phase in which long-term side effects are detected, won’t be completed until 2023. Moreover, the lawsuit highlights the fact that Pfizer unblinded the two cohorts in the middle of the trial and eliminated the control group by offering the real “vaccine” to all controls.

In so doing, Pfizer turned the study from a placebo-controlled blinded trial into an open observational study, and the FDA allowed it. Observational studies carry nowhere near the same weight as placebo-controlled trials, as you don’t have anything to compare the treatment group against. It’s very easy to overlook even severe injuries when you have no control group.

Fauci Warns There Will Be ‘Many More Vaccine Mandates’

As we approach the two-year mark of this pandemic, it’s time for our judicial system to kick in and protect the public. The emergency powers granted to governors are not supposed to last forever, and the rights afforded us by the U.S. Constitution were never intended to be suspended and tossed aside in times of medical crises. It’s time this rampant lawlessness got reined in.

Whether or not that will happen remains to be seen. What we can be sure of is that if our legal system fails to do its duty, the beacon of freedom in this world will be lost. As reported by CNN,33 Fauci is out there warning that “if more people aren’t persuaded to get vaccinated by messaging from health officials and ‘trusted political messengers,’ additional mandates from schools and businesses may be necessary.”

The technocratic elite will take it all the way because they are fighting for the Great Reset. And the Great Reset won’t work if people are free. They need leverage over the population, which is precisely what vaccine passports are all about.

Jacobson v. Massachusetts: A Ruling With Tragic Consequences

In closing, those who support the mandating of experimental COVID shots will typically point to the 1905 Jacobson v. Massachusetts case, which is often interpreted as giving the government the right to force vaccinate everyone for the common good. However, as noted by Alex Berenson in a recent blog post,34 we ought to really look at the time at which that verdict was given.

In the years surrounding the 1905 Jacobson v. Massachusetts verdict, the U.S. Supreme Court also ruled in favor of racial discrimination, corporate monopoly, child labor, and making questioning government a jailable offense. That same year, in 1905, they ruled workers have no rights. In 1923, they ruled minimum wage laws are illegal and in 1927 they OK’d forced sterilization based on the Jacobson ruling.

Most of these rulings have since been overturned and for obvious reasons. Most people don’t agree with racial discrimination, monopolies, and child labor anymore. Most agree that minimum wage laws are a good thing, and that questioning government is an unassailable right that is necessary for democracy to work. The 1905 Jacobson v. Massachusetts case is no different. It was made in and for a different time when individual and human rights were routinely quashed.

As noted by National Vaccine Information Center president Barbara Loe Fisher in “How Fear of a Virus Changed Our World”:35

“Using bad logic and bad science while leaning heavily on the pseudo-ethic of utilitarianism, state governments were given the green light to legally require vaccination based on a ‘common belief’ that vaccination is safe and effective, rather than proven fact.

Piously waving the greater good flag to justify throwing civil liberties out the door, the court majority ruled that citizens do not have a legal right to be free at all times because there are ‘manifold restraints to which every person is necessarily subjected for the common good’ …

But the justices also warned that mandatory vaccination laws should not be forced on a person whose physical condition would make vaccination ‘cruel and inhuman to the last degree.’ They said:

‘We are not to be understood as holding that the statute was intended to be applied in such a case or, if it was so intended, that the judiciary would not be competent to interfere and protect the health and life of the individual concerned. ‘All laws,’ this Court has said, ‘should receive a sensible construction’ …

During this time of fear and confusion, the Jacobson ruling also reminds us that it is democratically elected representatives in state legislatures who make public health laws governing people living in different states. That is because what is not defined in the U.S. Constitution as a federal activity is reserved for the states, which is an important check on federal government power.

Elected lawmakers in your state can choose to mandate a few or many vaccines with or without exemptions, while the federal government has the authority to mandate vaccinations for people entering the U.S. or crossing state borders.”

Sen. Warren Threatens Amazon to Ban ‘The Truth About COVID-19’

Since the publication of my latest book, “The Truth About COVID-19,” which became an instant bestseller on Amazon.com, there’s been a significant increase in calls for censorship and ruthless attacks against me.

Most recently, so-called “progressive” U.S. Sen. Elizabeth Warren, D-Mass., in an outrageous, slanderous, and basically unconstitutional attempt to suppress free speech, sent a letter to Amazon, demanding an “immediate review” of their algorithms to weed out books peddling “COVID misinformation.”

Warren specifically singled out “The Truth About COVID-19” as a prime example of “highly ranked and favorably tagged books based on falsehoods about COVID-19 vaccines and cures” that she wants to see banned from sale.

Two days later, U.S. Rep. Adam Schiff, D-Calif., followed in Warren’s footsteps, sending letters to Facebook and Amazon, calling for more prolific censorship of vaccine information. Even President Joe Biden has recently used a debunked report as his sole source to call for my censorship.

Sadly, these attacks are being levied by the very people elected to safeguard democracy and our Constitutional rights. Essentially, what they are calling for is modern-day book burning. This is a democracy, not a monarchy.

Sources and References



‘Hard to Imagine Worse Idea’: Biden to Resume Fossil Fuel Leases on Public Lands and Waters

By Jon Queally | Common Dreams

Climate groups are expressing deep concern following an Interior Department announcement on Monday that the Biden administration will resume oil and gas drilling leases on public lands and waters—a practice President Joe Biden vowed to ban during his 2020 run for the White House—in response to a federal court ruling.

“The climate emergency reality we are facing demands immediate action, not acquiescence.” —Nicole Ghio, Friends of the Earth

While the Biden administration confirmed in its announcement that an appeal has been filed with the 5th Circuit Court of Appeals in a legal battle with the state of Louisiana—which sued the federal government over the pause in the oil and gas leasing program ordered by Biden earlier this year—the Interior Department said leasing would resume while the process plays out.

“Federal onshore and offshore oil and gas leasing will continue as required by the district court while the government’s appeal is pending,” the DOI stated.

According to Bloomberg, the moves by the administration “mark the beginning of an open-ended analysis of the federal oil, gas, and coal leasing programs that could span years—and lead to higher fees as well as new limits on development in sensitive areas.”

While environmental advocacy groups commended the administration for appealing the lower court ruling—handed down by a Trump-appointed U.S. district court judge in June—they also said the threat of resuming the leasing program on federal lands and for offshore drilling cannot be overstated.

“Our planet can’t afford any more new fossil fuel extraction,” said Taylor McKinnon, a senior campaigner with the Center for Biological Diversity, in a statement on Tuesday. “We’re out of time. The world’s existing oil and gas fields will already push warming past 1.5 degrees Celsius if they’re fully developed.”

Robert Weissman, president of Public Citizen, said in response that with “the climate crisis smacking us in the face at every turn, it’s hard to imagine a worse idea than resuming oil and gas drilling on federal lands. As has been documented in long and excruciating detail, oil and gas drillers have trashed public lands and failed to clean up their mess—while siphoning public resources for a relative pittance.”

As the appeals process plays out, the Biden administration said it will perform a new analysis of the regulatory framework that governs leasing and extraction operations on federal lands as well as hold oil and gas companies to account under existing authorities and guidelines.

“We’re out of time. The world’s existing oil and gas fields will already push warming past 1.5 degrees Celsius if they’re fully developed.” —Taylor McKinnon, Center for Biological Diversity

“It’s encouraging that the Biden administration is appealing this wrongful decision,” said Nicole Ghio, senior fossil fuels program manager at Friends of the Earth. “However, the president made a promise to ban all new oil and gas leasing on public lands and waters, and the American people expect him to keep it. The climate emergency reality we are facing demands immediate action, not acquiescence.”

Mary Greene, public lands attorney for the National Wildlife Federation, urged the Interior Department to act aggressively but also said that Congress must get off the sidelines on the issue.

“While the Biden administration responds to the court, we urge the Department of Interior to issue its reform initiatives so that the outdated leasing system is modernized for the benefit of our public lands, wildlife, and all Americans,” Greene said. “But administrative actions alone cannot solve this problem. Congress must also swiftly take action to update our hundred-year-old leasing law so that our nation can transition to the clean energy economy that we all need and deserve.”

Given the recent IPCC report which argues that global emissions must be urgently reduced, climate action advocates said the administration cannot be allowed to walk away from its commitment to end oil and gas development on federal lands.

“Last week’s IPCC report outlined the grisly risks that fossil fuels pose to people and the planet,” said Tim Donaghy, senior research specialist with Greenpeace USA. “The International Energy Agency (IEA) has clearly said there can be no new fossil fuel projects if we are to stand any chance at limiting the climate chaos.”

A complete and final end of drilling on U.S. public lands and in offshore waters said Donaghy, “is an essential part of any effective climate plan.” Along with others in the climate just movement, he said there remain many avenues for Biden “to consider in reforming leasing and we urge him to do everything he can to keep fossil fuels in the ground.”


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Biden Accuses Facebook of Killing People with COVID ‘Misinformation’ and Wants More Censorship

Source: Need To Know

US: When a reporter asked President  Biden what his message was to “platforms like Facebook” on the subject of “COVID misinformation,” the President said, “They’re killing people. The only pandemic we have is among the unvaccinated, and they’re killing people.” White House press secretary Jen Psaki admitted last Thursday that the White House is “flagging problematic posts” for Facebook to censor and added that the Biden administration is “in regular touch” with the platform to ensure that only “correct narratives” are promoted. She said, “There are about 12 people who are producing 65 percent of anti-vaccine misinformation on social media platforms.” Since the beginning of the public health crisis, Facebook says it has removed over 18-million instances of “COVID-19 misinformation” but, apparently, that is not enough.Missouri Senator Josh Hawley warned that big tech is “acting like arms of the government” after the White House admitted it is asking Facebook to censor anyone who posts content it deems to be “misinformation”. He said that, if the companies are taking direction from the federal government, openly coordinating censorship with them, and Big Tech carries out those instructions, then they should be regulated like public utilities. The latest development with Facebook comes on the heels of reports that the White House is trying the same thing with Twitter, and planning to work directly with cellphone network providers to ‘fact check’ private SMS messages if they contain “misinformation about vaccines.” — GEG

President Biden on Friday accused Facebook of “killing people,” just after White House press secretary Jen Psaki said the Biden administration is “in regular touch” with the platform to ensure correct “narratives” are promoted — elaborating on her Thursday admission that the White House is “flagging problematic posts” to censor.

Biden was asked about his message for platforms like Facebook as he departed the White House on Friday afternoon for a weekend trip to Camp David.

“They’re killing people. The only pandemic we have is among the unvaccinated. And they’re killing people,” Biden said.

At her daily press briefing, Psaki told reporters that the White House is “regularly” coordinating with Facebook and other social media giants on the “latest narratives dangerous to public health” that the administration thinks should be censored.

“We are regularly making sure social media platforms are aware of the latest narratives dangerous to public health that we and many other Americans are seeing across all of the social and traditional media,” Psaki said.

Read the full article here…

Summit News:    https://summit.news/2021/07/16/senator-hawley-big-tech-acting-like-arms-of-the-government-its-scary-stuff/

Summit News:   https://summit.news/2021/07/12/democrat-groups-plan-to-fact-check-private-sms-messages/




Total Tyranny: We’ll All Be Targeted Under the Government’s New Precrime Program

By John W. Whitehead & Nisha Whitehead | The Rutherford Institute

“There is now the capacity to make tyranny total in America.”― James Bamford

It never fails.

Just as we get a glimmer of hope that maybe, just maybe, there might be a chance of crawling out of this totalitarian cesspool in which we’ve been mired, we get kicked down again.

In the same week that the U.S. Supreme Court unanimously declared that police cannot carry out warrantless home invasions in order to seize guns under the pretext of their “community caretaking” duties, the Biden Administration announced its plans for a “precrime” crime prevention agency.

Talk about taking one step forward and two steps back.

Precrime, straight out of the realm of dystopian science fiction movies such as Minority Report, aims to prevent crimes before they happen by combining widespread surveillance, behavior prediction technologies, data mining, precognitive technology, and neighborhood and family snitch programs to enable police to capture would-be criminals before they can do any damage.

This particular precrime division will fall under the Department of Homeland Security, the agency notorious for militarizing the police and SWAT teams; spying on activists, dissidents, and veterans; stockpiling ammunition; distributing license plate readers; contracting to build detention camps; tracking cell phones with Stingray devices; carrying out military drills and lockdowns in American cities; using the TSA as an advance guard; conducting virtual strip searches with full-body scanners; carrying out soft target checkpoints; directing government workers to spy on Americans; conducting widespread spying networks using fusion centers; carrying out Constitution-free border control searches; funding city-wide surveillance cameras; and utilizing drones and other spybots.

The intent, of course, is for the government to be all-seeing, all-knowing, and all-powerful in its preemptive efforts to combat domestic extremism.

Where we run into trouble is when the government gets overzealous and over-ambitious and overreaches.

This is how you turn a nation of citizens into snitches and suspects.

In the blink of an eye, ordinary Americans will find themselves labeled domestic extremists for engaging in lawful behavior that triggers the government’s precrime sensors.

Of course, it’s an elaborate setup: we’ll all be targets.

In such a suspect society, the burden of proof is reversed so that guilt is assumed and innocence must be proven.

It’s the American police state’s take on the dystopian terrors foreshadowed by George Orwell, Aldous Huxley and Phillip K. Dick all rolled up into one oppressive pre-crime and pre-thought crime package.

What’s more, the technocrats who run the surveillance state don’t even have to break a sweat while monitoring what you say, what you read, what you write, where you go, how much you spend, whom you support, and with whom you communicate.

Computers now do the tedious work of trolling social media, the internet, text messages, and phone calls for potentially anti-government remarks, all of which are carefully recorded, documented, and stored to be used against you someday at a time and place of the government’s choosing.

In this way, with the help of automated eyes and ears, a growing arsenal of high-tech software, hardware, and techniques, government propaganda urging Americans to turn into spies and snitches, as well as social media and behavior sensing software, government agents are spinning a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports aimed at snaring potential enemies of the state.

It works the same in any regime.

As Professor Robert Gellately notes in his book Backing Hitler about the police state tactics used in Nazi Germany: “There were relatively few secret police, and most were just processing the information coming in. I had found a shocking fact. It wasn’t the secret police who were doing this wide-scale surveillance and hiding on every street corner. It was the ordinary German people who were informing on their neighbors.”

Here’s the thing as the Germans themselves quickly discovered: you won’t have to do anything illegal or challenge the government’s authority in order to be flagged as a suspicious character, labeled an enemy of the state, and locked up like a dangerous criminal.

In fact, all you will need to do is use certain trigger words, surf the internet, communicate using a cell phone, drive a car, stay at a hotel, purchase materials at a hardware store, take flying or boating lessons, appear suspicious to a neighbor, question government authority, or generally live in the United States.

The following activities are guaranteed to get you censored, surveilled, eventually placed on a government watch list, possibly detained, and potentially killed.

Use harmless trigger words like cloud, pork, and pirates: The Department of Homeland Security has an expansive list of keywords and phrases it uses to monitor social networking sites and online media for signs of terrorist or other threats. While you’ll definitely send up an alert for using phrases such as dirty bomb, Jihad, and Agro terror, you’re just as likely to get flagged for surveillance if you reference the terms SWAT, lockdown, police, cloud, food poisoning, pork, flu, Subway, smart, delays, canceled, la Familia, pirates, hurricane, forest fire, storm, flood, help, ice, snow, worm, warning or social media.

Use a cell phone: Simply by using a cell phone, you make yourself an easy target for government agents—working closely with corporations—who can listen in on your phone calls, read your text messages and emails, and track your movements based on the data transferred from, received by, and stored in your cell phone. Mention any of the so-called “trigger” words in a conversation or text message, and you’ll get flagged for sure.

Drive a car: Unless you’ve got an old junkyard heap without any of the gadgets and gizmos that are so attractive to today’s car buyers (GPS, satellite radio, electrical everything, smart systems, etc.), driving a car today is like wearing a homing device: you’ll be tracked from the moment you open that car door thanks to black box recorders and vehicle-to-vehicle communications systems that can monitor your speed, direction, location, the number of miles traveled, and even your seatbelt use. Once you add satellites, GPS devices, license plate readers, and real-time traffic cameras to the mix, there’s nowhere you can go on our nation’s highways and byways that you can’t be followed. By the time you add self-driving cars into the futuristic mix, equipped with computers that know where you want to go before you do, privacy and autonomy will be little more than distant mirages in your rearview mirror.

Attend a political rally: Enacted in the wake of 9/11, the Patriot Act redefined terrorism so broadly that many non-terrorist political activities such as protest marches, demonstrations, and civil disobedience were considered potential terrorist acts, thereby rendering anyone desiring to engage in protected First Amendment expressive activities as suspects of the surveillance state.

Express yourself on social media: The FBI, CIA, NSA, and other government agencies are investing in and relying on corporate surveillance technologies that can mine constitutionally protected speech on social media platforms such as Facebook, Twitter, and Instagram in order to identify potential extremists and predict who might engage in future acts of anti-government behavior. A decorated Marine, 26-year-old Brandon Raub was targeted by the Secret Service because of his Facebook posts, interrogated by government agents about his views on government corruption, arrested with no warning, labeled mentally ill for subscribing to so-called “conspiratorial” views about the government, detained against his will in a psych ward for having “dangerous” opinions, and isolated from his family, friends, and attorneys.

Serve in the militaryOperation Vigilant Eagle, the brainchild of the Dept. of Homeland Security, calls for surveillance of military veterans returning from Iraq and Afghanistan, characterizing them as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.” Police agencies are also using Beware, an “early warning” computer system that tips them off to a potential suspect’s inclination to be a troublemaker and assigns individuals a color-coded threat score—green, yellow or red—based on a variety of factors including one’s criminal records, military background, medical history, and social media surveillance.

Disagree with a law enforcement official: A growing number of government programs are aimed at identifying, monitoring, and locking up anyone considered potentially “dangerous” or mentally ill (according to government standards, of course). For instance, a homeless man in New York City who reportedly had a history of violence but no signs of mental illness was forcibly detained in a psych ward for a week after arguing with shelter police. Despite the fact that doctors cited no medical reason to commit him, the man was locked up in accordance with a $22 million program that monitors mentally ill people considered “potentially” violent. According to the Associated Press, “A judge finally ordered his release, ruling that the man’s commitment violated his civil rights and that bureaucrats had meddled in his medical treatment.”

Call in sick to work: In Virginia, a so-called police “welfare check” instigated by a 58-year-old man’s employer after he called in sick resulted in a two-hour, SWAT team-style raid on the man’s truck and a 72-hour mental health hold. During the standoff, a heavily armed police tactical team confronted Benjamin Burruss as he was leaving an area motel, surrounded his truck, deployed a “stinger” device behind the rear tires, launched a flash grenade, smashed the side window in order to drag him from the truck, handcuffed and searched him, and transported him to a local hospital for a psychiatric evaluation and mental health hold. All of this was done despite the fact that police acknowledged they had no legal basis nor probable cause for detaining Burruss, given that he had not threatened to harm anyone and was not mentally ill.

Limp or stutter: As a result of a nationwide push to certify a broad spectrum of government officials in mental health first-aid training (a 12-hour course comprised of PowerPoint presentations, videos, discussions, role-playing, and other interactive activities), more Americans are going to run the risk of being reported for having mental health issues by non-medical personnel. Mind you, once you get on such a government watch list—whether it’s a terrorist watch list, a mental health watch list, or a dissident watch list—there’s no clear-cut way to get off, whether or not you should actually be on there. For instance, one 37-year-old disabled man was arrested, diagnosed by police and an unlicensed mental health screener as having “mental health issues,” apparently because of his slurred speech and unsteady gait, and subsequently locked up for five days in a mental health facility against his will and with no access to family and friends. A subsequent hearing found that Gordon Goines, who suffers from a neurological condition similar to multiple sclerosis, has no mental illness and should not have been confined.

Appear confused or nervous, fidget, whistle, or smell bad: According to the Transportation Security Administration’s 92-point secret behavior watch list for spotting terrorists, these are among some of the telling signs of suspicious behavior: fidgeting, whistling, bad body odor, yawning, clearing your throat, having a pale face from recently shaving your beard, covering your mouth with your hand when speaking and blinking your eyes fast. You can also be pulled aside for interrogation if you “have ‘unusual items,’ like almanacs and ‘numerous prepaid calling cards or cell phones.’” One critic of the program accurately referred to the program as a “license to harass.”

Allow yourself to be seen in public waving a toy gun or anything remotely resembling a gun, such as a water nozzle or remote control or a walking cane, for instance: No longer is it unusual to hear about incidents in which police shoot unarmed individuals first and ask questions later. John Crawford was shot by police in an Ohio Wal-Mart for holding an air rifle sold in the store that he may have intended to buy. Thirteen-year-old Andy Lopez Cruz was shot 7 times in 10 seconds by a California police officer who mistook the boy’s toy gun for an assault rifle. Christopher Roupe, 17, was shot and killed after opening the door to a police officer. The officer, mistaking the Wii remote control in Roupe’s hand for a gun, shot him in the chest. Another police officer repeatedly shot 70-year-old Bobby Canipe during a traffic stop. The cop saw the man reaching for his cane and, believing the cane to be a rifle, opened fire.

Stare at a police officer: Miami-Dade police slammed the 14-year-old Tremaine McMillian to the ground, putting him in a chokehold and handcuffing him after he allegedly gave them “dehumanizing stares” and walked away from them, which the officers found unacceptable.

Appear to be pro-gun, pro-freedom, or anti-government: You might be a domestic terrorist in the eyes of the FBI (and its network of snitches) if you: express libertarian philosophies (statements, bumper stickers); exhibit Second Amendment-oriented views (NRA or gun club membership); read survivalist literature, including apocalyptic fictional books; show signs of self-sufficiency (stockpiling food, ammo, hand tools, medical supplies); fear an economic collapse; buy gold and barter items; subscribe to religious views concerning the book of Revelation; voice fears about Big Brother or big government; expound about constitutional rights and civil liberties, or believe in a New World Order conspiracy. This is all part of a larger trend in American governance whereby dissent is criminalized and pathologized, and dissenters are censored, silenced, or declared unfit for society.

Attend a public school: Microcosms of the police state, America’s public schools contain almost every aspect of the militarized, intolerant, senseless, over criminalized, legalistic, surveillance-riddled, totalitarian landscape that plagues those of us on the “outside.” From the moment a child enters one of the nation’s 98,000 public schools to the moment she graduates, she will be exposed to a steady diet of draconian zero-tolerance policies that criminalize childish behavior, overreaching anti-bullying statutes that criminalize speech, school resource officers (police) tasked with disciplining and/or arresting so-called “disorderly” students, standardized testing that emphasizes rote answers over critical thinking, politically correct mindsets that teach young people to censor themselves and those around them, and extensive biometric and surveillance systems that, coupled with the rest, acclimate young people to a world in which they have no freedom of thought, speech or movement. Additionally, as part of the government’s so-called ongoing war on terror, the FBI—the nation’s de facto secret police force—has been recruiting students and teachers to spy on each other and report anyone who appears to have the potential to be “anti-government” or “extremist” as part of its “Don’t Be a Puppet” campaign.

Speak truth to power: Long before Chelsea Manning and Edward Snowden were being castigated for blowing the whistle on the government’s war crimes and the National Security Agency’s abuse of its surveillance powers, it was activists such as Martin Luther King Jr. and John Lennon who were being singled out for daring to speak truth to power. These men and others like them had their phone calls monitored and data files collected on their activities and associations. For a little while, at least, they became enemy number one in the eyes of the U.S. government.

Yet as I point out in my book Battlefield America: The War on the American People, you don’t even have to be a dissident to get flagged by the government for surveillance, censorship, and detention.

All you really need to be is a citizen of the American police state.

WC: 2566

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is the founder and president of The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.




Coming Soon — Vaccine Passports Will Determine Where You Can Go and What You Can Do

By Megan Redshaw | The Defender

The Biden administration and private companies are working to develop vaccine passports that would allow Americans to prove they’ve been vaccinated against COVID as the country opens, The Washington Post reported Sunday.

The initiative, driven largely by the U.S. Department of Health and Human Services, has gained momentum as a growing number of companies and venues — from movie theaters, restaurants, and music venues to cruise lines and sports teams — have said they will require proof of vaccination before opening their doors.

The passports are expected to be free and available through smartphone apps, which would display a scannable code similar to an airline boarding pass. Americans without smartphone access would be able to print out the passports, developers have said.

The White House declined to answer questions about the passport initiative, instead of pointing to public statements made by Jeffrey Zients, the White House coronavirus response coordinator during a March 12 press briefing:

“As we increase the number of people vaccinated, we know some people may have a need to demonstrate that they are vaccinated … our role is to help ensure that any solutions in this area should be simple, free, open-source, accessible to people both digitally and on paper, and designed from the start to protect people’s privacy.”

According to CNN, multiple government agencies are engaged in conversations and planning, coordinated by the White House, as this kind of system will play a role in many aspects of life, including potentially the workforce.

One of the most significant hurdles facing federal officials is the number of passport initiatives already underway. The Biden administration this month identified at least 17, according to slides obtained by The Washington Post.

One initiative  — a global effort led by the World Health Organization and a digital pass devised by IBM — is being tested in New York state and is rapidly moving forward as the White House deliberates how best to track shots and avoid the perception of a government mandate to be vaccinated.

On Friday, New York was the first to launch a digital vaccine passport system known as Excelsior Pass that residents can use to prove they’ve been vaccinated or recently tested negative for infection, reported USA TODAY.

The New York system, built on IBM’s digital health pass platform, is the first-in-the-nation certification and will be used at dozens of events, including arts and entertainment venues. A venue will scan the QR code, which will generate either a green check or a red X.

The new pass is part of a growing but disjointed effort to provide vaccine “passports” or certifications, so people won’t have to hang onto a dog-eared piece of paper, worry about privacy issues or forgeries, or pay money to prove they’re not contagious.

According to NPR, New York described the pass this way:

“Businesses and venues can scan and validate your pass to ensure you meet any COVID-19 vaccination or testing requirements for entry. Along with your pass, you’ll be asked to show a photo ID that shows your name and birth date to verify that the Pass belongs to you. Adults may hold passes for accompanying minors.

“Once you and your party enter an establishment, you will still be asked to follow state and CDC guidance regarding social distancing, face coverings, and hand hygiene.”

Participation in Excelsior Pass is voluntary, but New Yorkers will have to show alternate proof of vaccination or testing, such as another mobile application or paper form, directly at a business or venue.

Both Madison Square Garden, which is part of the pilot’s program phase, and Times Union Center will begin using the passes by early April with other businesses and venues expected to follow.

The state hopes to eventually link tickets to the Excelsior Pass, so people going to an event at Madison Square Garden, for example, will be able to link their admission and health passes.

But, according to Dr. Naomi Wolf, founder, and CEO of Daily Clout, the passport violates people’s liberty.

Last night on “The Next Revolution” with Steve Hilton on Fox News, Wolf said:

“I am not overstating this. I can’t say it forcefully enough. This is literally the end of human liberty in the west if this plan unfolds as planned. Vaccine passports sound like a fine thing if you don’t understand what these platforms can do …

“It’s not about the vaccine. It’s not about the virus. It’s about your data. And once this rolls out you don’t have a choice about being part of the system. What people have to understand is that any other functionality can be loaded onto that platform with no problem at all. What that means is that it can be merged with your Paypal account, with your digital currency, Microsoft is already talking about merging it with payment plans. Your networks can be sucked up. It geolocates you wherever you go. Your credit history can be included. All of your medical histories can be included.”

https://twitter.com/naomirwolf/status/1376373126032977920?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1376373126032977920%7Ctwgr%5E%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fchildrenshealthdefense.org%2Fdefender%2Fcoming-soon-vaccine-passports%2F

Wolf isn’t the only one slamming vaccine passports. Rep. Pete Sessions (R-Texas) said in a statement to Fox News:

“Vaccine credentials would be a complete government overstep. Individuals in America have a personal responsibility for their health,” said Sessions. “Implementing a ‘vaccine passport’ runs the risk of undermining public trust and substantially limiting normal day-to-day essential activities.

“As a leader, I have chosen to be vaccinated – that was my own decision.”

Rep. Lauren Boebert (R-Colo.) also blasted the idea on Twitter, declaring the measure “unconstitutional.”

Other countries are racing ahead with their own passport plans, with the European Union pledging to release digital certificates that would allow for summer travel, according to the Washington Post.

On March 23, The Defender reported that the European Union was set to vote on a vaccination travel digital certificate, “Green Passport,” which would provide proof of vaccination and negative COVID test.

The pass would include information on the brand of the vaccine, date, and place of inoculation, and the number of doses administered, as well as information from a lab or hospital confirming negative test results. Holders of the certificate (a QR code on a phone app or on paper) would be exempt from quarantine and other restrictions. The document would be common to all EU citizens and would allow bilateral deals between EU countries and non-member states.

On March 25, members of the European Parliament (MEPs) agreed to fast-track voting on the European Commission’s plan to create a bloc-wide travel pass that confirms COVID vaccination, immunity, or testing status in an effort to push the rollout of certificates by June.

According to Politico, to achieve the ambitious timeline, MEPs voted to use an urgent procedure — bypassing relevant parliamentary committees, individual MEPS, debate, and the need for a report.

Green group co-president Philippe Lamberts said in Wednesday’s plenary meeting that speeding up the process could sow “considerable distrust” among citizens.

Sophie in ‘t Veld, member of the European Parliament, wrote on Twitter that bypassing parliamentary scrutiny was an “abuse of an emergency situation” and amounted to “blackmail.”

But MEPs still voted in favor of the fast-track option by a wide margin — 468 to 203. Sixteen parliamentarians abstained.

Some in the UK are raising concerns with vaccination passports. According to an opinion piece in The Guardian, Israel, Estonia, Sweden, and Denmark are all countries that have introduced, or plan to introduce, vaccine passports for domestic use — but they already have a national ID card system in place.

“If we are to follow their example, we would first need an evidence-based explanation as to how vaccine passports will help to stop the spread of the virus,” Stephanie Hare, an independent researcher, and broadcaster, wrote.

Days ago in the UK it was reported that the vaccine passport was simply a “nudge” to push supposedly vaccine-hesitant young people to get the job, but it is really a scheme that is nothing less than a national ID card by stealth, Hare wrote.

Data on vaccine passports could be used by the police, just as Singapore’s authorities admitted in January to using contact-tracing data.

Hare said, “we don’t even know if vaccine passports would help stop the spread of the virus, how long immunity lasts, to what extent vaccines reduce transmission, or by how much, or whether this varies depending on which vaccine we’ve had.”

We don’t know how much such a system would cost, how we would know if it represented good value for the money or whether our resources would be better invested in other solutions. Hare said answers are needed to these questions, as well as an explanation from the government as to why it has done a U-turn on vaccine passports.

“We cannot abandon our civil liberties for such trickery,” Hare said. “Far better to address any problem of vaccine hesitancy directly. Consent implies choice. Excluding people from society unless they get vaccinated is not a real choice.”