We Already Live in a Authoritarian State - Under Obama

That's an extreme claim I'm making, but then these are extreme times. People are right to fear Donald Trump as President. My only question is where were those people as President Obama took away our protections under the Constitution, one by one? When he declared war on American citizens at home and abroad? When he absolved Wall Street criminals of any major consequences for their crimes while actively subverting the first amendment and approving the use of excessive force by law enforcement against peaceful protestors during the Occupy Wall Street movement, at the behest of the Big Banks?

The Partnership for Civil Justice Fund, in a groundbreaking scoop that should once more shame major US media outlets (why are nonprofits now some of the only entities in America left breaking major civil liberties news?), filed this request. The document – reproduced here in an easily searchable format – shows a terrifying network of coordinated DHS, FBI, police, regional fusion center, and private-sector activity so completely merged into one another that the monstrous whole is, in fact, one entity: in some cases, bearing a single name, the Domestic Security Alliance Council. And it reveals this merged entity to have one centrally planned, locally executed mission. The documents, in short, show the cops and DHS working for and with banks to target, arrest, and politically disable peaceful American citizens.

Now we are watching the same pattern of government violence being used to suppress the first and fourth amendment rights of the indigenous peoples of North Dakota and their allies, who have been told they must remove themselves from lands granted to them under treaty with the United States, or be evicted by the Federal Government.

And while the US Army Corps of Engineers has backed down from its original threat to forcibly remove the Lakota and Dakota water protectors and the thousands of their supporters from camps where they are protesting the Dakota Access Pipeline, they have issued a warning that all access to those camps will be closed to the public on December 5th and that anyone who remains at the camps does so "at their own risk," in effect assisting the State of North Dakota in creating a state of siege on to starve out the water protectors and their allies by denying them supplies.

North Dakota Gov. Jack Dalrymple on Monday ordered thousands of Native American and environmental activists to leave the federal property on which they’ve been protesting construction of the Dakota Access Pipeline for months. The evacuation order came days after the federal government set a Dec. 5 deadline for the protesters to clear out, but neither state nor federal officials had said how, exactly, they planned to get everyone to comply. It appears we now have the answer: by making them too cold and hungry to stay put. [...]

The supply blockade is theoretically a more peaceful way to get protesters to depart as winter approaches, but it remains an open question how authorities would respond if anyone tries to deliver supplies against government orders. While the order went into effect immediately, as of Tuesday morning no cars or trucks carrying supplies had yet been turned back, according to the North Dakota Department of Emergency Services.

And the efforts of the government to prevent journalists from covering these protests has not only led to the arrest and assault of US reporters ...

In North Dakota, at least seven journalists in total have been arrested while covering the clashes, according to a count by the Bismarck Tribune. Others have been stung by tear gas, pepper spray, or rubber bullets.

... has now been extended to the foreign journalists. Ed Ou, a Canadian photojournalist was recently stopped at the border and subjected to hours of interrogation, harassment and violation of his right to enter the country to cover to cover the DAPL protests at Standing Rock.

Ed Ou is a renowned photographer and TED senior fellow who has traveled to the United States many times to do work for The New York Times, Time magazine, and other media outlets. Last month, Ed was traveling from Canada to the U.S. to report on the protests against the Dakota Access pipeline in Standing Rock, North Dakota, when he was taken aside for additional inspection.

Although Ed clearly identified himself as a journalist on his way to Standing Rock, the CBP officers detained him for more than six hours and subjected him to multiple rounds of intrusive interrogation.

They questioned him at length about his work as a journalist, his prior professional travel in the Middle East, and dissidents or “extremists” he had encountered or interviewed as a journalist. They photocopied his personal papers, including pages from his handwritten personal diary.

They also asked Ed to unlock the three mobile phones he uses to communicate in different locations worldwide. Ed told them he couldn’t agree to do that because of his ethical obligation as a journalist to protect his confidential sources. The officers took the phones, and when they returned them several hours later, the tamper tape covering the phones’ SIM cards was altered or missing, suggesting that the officers had removed and possibly copied the cards.

After all that, the officers denied Ed admission to the country without giving him a valid reason. One of the officers said he couldn’t provide any details. Another officer said that Ed’s refusal to grant access to his mobile phones “did not help.”

Ed’s treatment was unjustified and unlawful. Although CBP has the authority to stop and search travelers at the border for the purpose of identifying people who are inadmissible or engaged in criminal activity, the officers exceeded that authority. They had no legitimate cause to detain Ed for six hours, interrogate him about his professional activities, copy his diary, or search his phones. That abusive and harassing conduct is all the more troubling given that the officers apparently conditioned Ed’s admission to the U.S. on his willingness to assist them in searching his phones.

In effect, the Federal government is aiding and abetting crimes by the local and state authorities to use violence against both demonstrators and reporters exercising their constitutional rights, while also doing its best to censor any reporting of the actual situation. Much like the protests during the Occupy movement, the Water Protectors are facing the heavy hand of an authoritarian regime to silence and intimidate dissent by the harshest means possible.

But perhaps you are not terribly concerned about these matters. After all, they are occurring far away from you, safe in your own home, free from any government intrusion. If you indeed think that you would be wrong. The Obama administration has taken it upon itself, prior to Trump's inauguration, to expand the authority of federal law enforcement officials to more easily obtain search warrants to hack into your computer and other electronic digital devices under Rule 41 of the Federal Rules of Criminal Procedure that will go into effect tomorrow.

Beginning December 1, 2016, federal judges will be allowed to issue search warrants for computers that are located anywhere. Not just in their circuit or jurisdiction. Nope. Anywhere in the country. Arguably, anywhere in the world. Foreign soil, no problem.

Read the changes made to Rule 41 of the Federal Rules of Criminal Procedure here. SCOTUS gave its stamp of approval on this amendment back in April 2016. If Congress doesn’t act fast, it’s going into effect in less than a month. [...]

Of course, the Justice Department likes these changes. They worked to make them happen, arguing the changes are needed so the FBI can do its job.

Read the DOJ’s position on this new Rule here. Their perspective makes it sound so warm and fuzzy:

“The amendments do not change any of the traditional protections and procedures under the Fourth Amendment, such as the requirement that the government establish probable cause. Rather, the amendments would merely ensure that at least one court is available to consider whether a particular warrant application comports with the Fourth Amendment.”

"The amendments do not change anything to the traditional protections and procedures under the Fourth Amendment ..." except when they do, as Congressional leaders as diverse as Sen, Elisabeth Warren and Louie Gohmnert pointed out in their October 27, 2016 letter to the Department of Justice regarding concerns about these expanded police powers:

The group of lawmakers, led by Sen. Ron Wyden, D-Ore., and Sen. Mike Lee, R-Utah, among others, wants to know how DOJ will prevent police and prosecutors from “forum shopping” for friendly judges under the revised rule. They also ask how police will ensure they don’t accidentally damage innocent people’s computers or invade their privacy.

“We are concerned about the full scope of the new authority that would be provided to the Department of Justice,” the lawmakers write. “We believe that Congress—and the American public—must better understand the department’s need for the proposed amendments, how the department intends to use its proposed new powers, and the potential consequences to our digital security before these rules go into effect.”

The lawmakers ask how the Justice Department will ensure it doesn’t invade the privacy of innocent people whose computers are being used as botnets, whether it will remotely kick hackers out of those computers, and if and when it will let innocent people know their computers were searched.

They also ask if law enforcement will remotely disable suspect computers and if it has ever done this in the past.

That's right, as of tomorrow the government can hack your computer, even if you have no involvement in any criminal activity. Indeed, these changes to Rule 41, brought to you by President Obama's Department of Justice, means that your computer could be hacked by the Feds even if you are the victim of a cybercrime instead of the perpetrator of one.

The government says the changes are minor but necessary to keep pace with cross-border internet crime and anonymizing software like Tor that hides the real IP address and location of computers. But civil liberties groups say the amendments let authorities conduct expansive hacking operations with little oversight, potentially threatening the security and privacy of innocent parties. They’re also alarmed that the changes suggest the government aims to hack the computers of crime victims—not just perpetrators. [...]

Aside from the fact that letting the FBI search unlimited victim machines would violate the particularity rule—which requires search warrant applications identify the specific computers or devices to be searched—a wide swath of people would potentially be affected by such searches. Botnet victims, Amie Stepanovich, US policy manager at Access Now points out, can include journalists, dissidents, whistleblowers, military personnel, lawmakers, and corporate executives.

“[T]he proposed change would subject any number of these users to state access to their personal data on the ruling of any district magistrate,” she wrote to the rules committee.

The Center for Democracy and Technology also points in its comments to the rules committee that although the government used a botnet infection as an example of a case where it might seek to search the computers of victims, the actual amendment refers to any machine damaged in the commission of a crime as defined by the Computer Fraud and Abuse Act. This would conceivably apply to any computer infected with a virus or other malware.

Yes, the same President who authorized the assassination of American citizens overseas by drone attacks at the drop of a hat. Who unilaterally determines whether or not our military will be deployed, covertly or not, in wars (he calls them conflicts, but let's call a war a war, shall we?) in so many countries and regions of the world I've lost count.

The same President who deported more undocumented immigrants, including small children, than George W. Bush or any other any other President in our history. The President who expanded the NSA's surveillance powers and prosecuted and jailed more whistle-blowers for more time, such as Chelsea Manning, than any other President. That Obama.

So, I'm a tad astonished at all the concern certain Americans (i.e., Democrats) are expressing about the dangers to our civil liberties posed by President Trump. We've lost so many civil liberties under President Obama that they never bothered to notice. Maybe it's because they liked the cut of Obama's jib more than the Donald's, which made losing our rights to such a charming man not seem all that bad. Especially when they weren't among the groups being targeted by his authoritarian regime.

What do you think?

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I think it's a part of why Clinton lost. Yes, Trump is a monster whose impact on climate change, especially, will be catastrophic. But Clinton would also have been terrible, yet the corporate media would have continued to pretend that all those policies are unimportant. Privacy, freedom, civil rights, financial power, and the environment, will all be enthusiastically and brutally killed under Trump. But, dead is dead. Mr. Nice Guy and Ms. Experienced Gal just kill us more slowly, smiling as they do it.

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Bisbonian's picture

"Sioux Wars", you will see the same tactics repeated ad nauseum; drive them to a place along a waterway where a large group will congregate, remove their food supply, wait until winter, and then when they are cold and hungry, swoop in to drive them from their safe place, destroying all their clothing, shelter, and food stores in the process. Those who live through it will be willing to move onto an ever smaller reservation.

They are obviously trying to do it again. But too many people are watching.

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"I’m a human being, first and foremost, and as such I’m for whoever and whatever benefits humanity as a whole.” —Malcolm X

Cant Stop the Macedonian Signal's picture

This is disgusting. Well, it already was disgusting...

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"More for Gore or the son of a drug lord--None of the above, fuck it, cut the cord."
--Zack de la Rocha

"I tell you I'll have nothing to do with the place...The roof of that hall is made of bones."
-- Fiver

detroitmechworks's picture

And was reminded via community smackdowns at other places that that kind of racist behavior was not to be tolerated.

At least there's ONE go to narrative that we can ignore with regards to Der Trumper.

Of course, thanks to Hillary we now have to deal with the "Russian Influence" narrative when we criticize the government.

Thanks MSM. Nothing like having to fight against your bullshit at the same time I'm trying to fight against government bullshit. Oh wait, you're really one and the same now...

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I do not pretend I know what I do not know.

MsDidi's picture

You are correct. In Obama's presidency, he has proceeded to attack civilians without authorization through drones and will pass on that capability to Trump. He has refused to pardon any of the political prisoners, such as Leonard Peltier or Mumia Abu Jamal, who have been freedom fighters, while offering pardons to petty drug dealers and thieves. He has operated a surveillance state and refused to provide fair and just treatment to Edward Snowden or Julian Assange.
His office, not the Republicans, blocked the inclusion of a public option in Obamacare. If included we would be well on our way to opt-ins that would result in Medicare for All. Alternatively, with Trump's new HHS appointment, they will use opt-outs and short-term bribes to Medicare beneficiaries to destroy Medicare and reverse the New Deal.
Obama's Dept. of Injustice has blocked a real investigation of Hillary, while he proclaimed early on the Hillary would not be prosecuted -- before any evidence was reviewed. He has already deported more people than any president in history and more than Trump threatens to deport. And he has presided over the militarization of our local police -- sending them army tanks to use against protest and dissent.
He takes no action to declare Standing Rock a protected area and to honor treaties with the Lakotas.
As soon as he entered the White House Obama turned off the online organizing base that had gotten him elected and immediately gave the finger to the Nobel Peace Price committee. He then immediately treated us to Rahm Emanuel as the enforcer.
He has done nothing to ameliorate the condition of working poor and homeless and helpless peoples while bailing out the big Banks. He put Social Security on the table to achieve a grand bargain with the Republicans -- which they then laughed at.
He seems delighted to hand over the reins to Donald Trump (you'd think this was a preferred outcome) and has loudly criticized efforts for a recount -- he really doesn't want this result overturned.
Obama has never been a man of the people. He didn't get up each day and work at governing for the people. Just wrote some charming speeches, played golf and b-ball, and had lots of cool parties for the glitterati.
Obama froze progressives in their tracks for 8 years and when they woke up to the voice of Bernie Sanders, his DNC hacked the primaries. I'm sorry that his "cool" and his speechmaking caused the liberal identity politics folks to swoon. Now most Americans swoon from lack of opportunity and resources -- and that is what has enabled the next authoritarian plutocrat also to fool them, even though he will continue this same approach. Unfortunately Trump will be much more effective at enforcing some of these repressive policies than Obama, who has always been a dismal executive.
The notion people have had that somehow Obama meant to do something other than what he did -- that he was blocked by a
Republican Congress is nonsense. It was Obama's White House, not the Republicans, that blocked the public option -- ask Chuck Schumer (that is, if you could get an honest answer out of Chuck Schumer.)
Obama was doing exactly what he intended to do all along. I even remember his making jokes about how he would send a drone out after Malia's boyfriends, while he was actually sending drones into many war zones to assassinate enemies -- and, oops, a few civilians along the way. A few thousand that is.
Until people get over their infatuation with Obama, they will never be able to build a base for progressive action strength.

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snoopydawg's picture

of both Obama and Hillary.
Beating peaceful protesters and arresting journalists was the reason why Obama said that Gaddafi had to be removed from office.
I posted a link to the It's going to get worse article in other essays and I hope people read it.
It describes what is going to happen under DT's presidency, but it's a continuation of what Obama started.
Under his administration we saw that the elites were taking off the gloves and showing their true agenda and power
Great essay, Steven.
BTW, kos is very angry today, but he's happy that he won't have to read about Hillary's neoliberalism for 4 years like he read about Obama's from a few of us before we were told to stfu because he was playing chess.

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Which AIPAC/MIC/pharma/bank bought politician are you going to vote for? Don’t be surprised when nothing changes.

blazinAZ's picture

We could make another one showing the attacks at Standing Rock. The Orwellian double-speak of being concerned about people's "safety" when you're macing them, shooting them with rubber bullets, drenching them with water in freezing temperatures -- and now threatening them with no food, no winterizing supplies, and more abuse. The pettiness of the ND governor saying he won't let the roads be plowed. smh

Thx for reposting this vid.

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka

mimi's picture

is considered being an intelligent person in many areas of the world.

One young woman I knew very well told me not long ago: "Auntie, we Africans know how to fake it, don't we?" laughing out loudly. Well, she knows her brothers. And she knows herself and her sisters. I agree.

It's a challenge to lie intelligently and charmingly for your whole life. It's a game and the more you get into it, the more of a challenge it is to keep it up. Each time you made it and didn't get caught, you feel great and consider your "victims" (the ones who believe you) as inferior and naive/dumb. A satisfying thing to experience. It becomes a drug that delivers you highs. If you make it through til you die without being crushed, you are considered a "very bright man". If not, your "brothers" have a huge fit of "Schadenfreude" and drop you cruelly. No mercy. The next con man liar steps in and continues "the game".

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WindDancer13's picture

was most likely developed with government intrusion in mind...to make it easier rather than more difficult. It is the most intrusive software I have ever encountered. Maybe, it is just my paranoia, but I think a lot of the bigger Silicon Valley corporations would be more than willing to allow the government into the back doors that they have built into all software as long as they realize a profit.

Does everyone have a back up plan for communication during an Internet/cell phone blackout?

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We are what we repeatedly do. Excellence, then, is not an act, but a habit.--Aristotle
If there is no struggle there is no progress.--Frederick Douglass

Song of the lark's picture

Patriot Act and later versions. Thanks to the easily led GWB.

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Song of the lark's picture

We now live in a turn key totalitarian state...and Obama is about to hand the keys to Trump. All laws are back up with the threat of violence even parking tickets etc. Many people don't realize this or notice it because the eye of Sauron is rarely turned in their direction. Some worker bees like my self just keep our heads down and go gray as possible. I been in jail a few short times for relatively simple line crossings, like playing guitar in the subway, hopping freight trains, to not want to go back. Cross the wrong line you end up dead. As an aside I find it astonishing that the Bundy group was acquitted an entirely anomalous event. I can't decide whether it's a good or bad sign. It is my belief that large complex systems, like globalization, social order, money in all its versions., etc are breaking down and becoming more chaotic. Some people have called this the "fourth turning " or early peaking of a Seneca curve, or Limits to growth pick your choice. In any case Obama who the American people and the left heavily invested in and now the opposite reaction with Trump are no accidents and not about politics but about macro human desires that have been thwarted by the oppressive social Darwinist status quo.

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... As an aside I find it astonishing that the Bundy group was acquitted an entirely anomalous event. I can't decide whether it's a good or bad sign. ...

The Bundy group consisted of White guys with guns (power) taking over public property. Something TPTB and their lackeys would view differently on a psychological level from peaceful protesters essentially asking for their guaranteed Constitutional rights, including democracy, where all are equal under the law - such legal concepts being what TPTB and said lackeys have been doing away with.

Also, the destruction of public faith in government (government in the public interest is ineffective! Corporations/self-interests are efficient and must be Kings over you!) and the system of law and order (only you and your GUNZ can save you from criminals and government!) has evidently long been a priority, supported by the extreme levels of obvious corruption, this corruption incidentally if usefully introduced by the infiltration of those who have long been media-brainwashing sections of the public toward repudiating what are supposed to be public powers preventing predation, rather than demanding that those within these public institutions do the jobs the public pays them to do, in protecting the public interest/safety.

A shrunken government - even if it has the will - can do little against corporations and billionaires who have previously been permitted to drain the general public and country's resources in amassing much of the total wealth and power, while mindlessly craving it all.

And any government not of, by and for the people is no legitimate democratic government at all.

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Psychopathy is not a political position, whether labeled 'conservatism', 'centrism' or 'left'.

A tin labeled 'coffee' may be a can of worms or pathology identified by a lack of empathy/willingness to harm others to achieve personal desires.

Song of the lark's picture

They are entirely normal reaction to events

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blazinAZ's picture

excellent essay

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka

Cant Stop the Macedonian Signal's picture

I've been beating a related drum, in that I don't think racist murder started on November 8 when Trump got elected. There's been a hell of a lot of it about for a long time.

Being concerned about the racism of Trump's rhetoric is one thing. Pushing the idea that Trump is somehow the epicenter and originator of America's original sin, is an old-fashioned technique called scapegoating. Put your sins into the goat and drive it out of camp. Trump is the goat because he commits the sin in front of cameras, rather than on the sly. Also because he beat the Establishment's favorite candidate.

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"More for Gore or the son of a drug lord--None of the above, fuck it, cut the cord."
--Zack de la Rocha

"I tell you I'll have nothing to do with the place...The roof of that hall is made of bones."
-- Fiver

blazinAZ's picture

For every incident of racism, Islamaphobia, misogyny, anti-Semitism, transphobia, etc., etc. that has happened since November 8, I can show you a similar incident that happened in the previous 8 years. Perhaps what we're seeing is an increase in reporting of hate crimes, not an increase in the crimes themselves. But I really don't know.

I do think it's good to shine a light on the actions of these ppl, but I keep insisting that Trump is NOT yet the prez. Obama is. And he and most Democrats are doing nothing, absolutely nothing, to address these issues. Trump is just louder. Obama is just as dangerous (see: record levels of deportations, for example)

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka