The Dolhenty
Report
A Commentary on the
Human Condition
by Dr. Jonathan Dolhenty
July 1999
The
Federal Government and the Escalation of
Violence
On Violence and the Government and
Why It Should Clean Its Own House
At some point in time over the past few months,
video games, guns, motion pictures, bad parenting,
lack of prayer in school, the NRA, Hollywood, sex,
testoterone, white males, and many other cultural
and social icons have been blamed for the
increasing violence among our young people,
especially by government officials and politicians.
Thus far, none of these have been shown to be
direct causes of the school shootings and other
violent escapades plaguing our country (not to
mention the world, of course).
It is interesting that one possible cause (or
better - "catalyst") of violence is always missing
from the list provided by government officials and
politicians. This "catalyst" is the government
itself or, to be more specific, governmental
policies as implemented by government officials and
politicians. Even a brief look at history (and
especially the past 100 years) will clearly show
that the number one perpetrator of violence is
government itself (with religion and an established
church running second).
Think, just for example, of how the U.S. federal
government commits violent acts on its own
citizens. Think of Rudy Ridge and Waco as just two
recent instances. Think of the power of the IRS,
whose agents are authorized to carry weapons, take
your property literally without warrent, judge you,
sentence you, and generally make your life hell
and, mostly, do it without due process of law.
Think of the INS and Customs Service with their
strip searches of perfectly innocent citizens just
because they "think" someone may be smuggling
goods. Think of the federal police agencies who can
confiscate your property without any criminal
charge under a forfeiture law which has drastically
altered the civil liberties of every citizen in
this country.
I have just finished reading an eye-opening book
which documents many cases of federal violence,
many of them virtually unknown to the general
public. Innocent people killed by federal agents
who over-reacted in an innocent situation. Millions
of dollars of property taken without due process.
Families, including young children, subjected to
life-threatening situations at the hand of the FBI,
BATF, IRS, INS, DEA, and other alphabet-soup
federal terrorists. Violence? Yes, direct violence
against the citizens of this country by the very
government which is supposed to protect them.
Much of this government terrorism during the
past thirty years is due to such "enlightened"
policies as the self-defeating War on Drugs and the
War on Terrorism. And, especially with the
so-called War on Drugs, the wool has been pulled
over the public's eyes. As long as this War on
Drugs continues, more and more of the individual
rights and civil liberties of our citizens will be
placed in jeopardy or outright abolished, in the
name of "public safety and national security," of
course.
I can't go into detail here about all the
hellish situations in which the federal government
commits unnecessary violence against its citizens,
but I will refer you to the recent book I read
(which is just one among many books about violence
perpetrated by federal agents). The book is "No
More Wacos: What's Wrong With Federal Law
Enforcement and How To Fix It" by David B. Kopel
and Paul H. Blackman.
So, if we are to begin to prevent violence among
our youth, it might be a good start for the
government to cease perpetrating violence on its
own citizens (including that official policy of
violence called capital punishment -- but that's
another story).
Furthermore...
Suppose the federal government implemented the
following policy:
- Whenever a police officer is permitted, with
or without judicial
approval, to conduct a search to
investigate a potential crime, the officer may
seize and keep as much
property associated with the alleged
criminal as the police officer
considers
appropriate.
- For purposes of the above subsection, the
amount of proof necessary to authorize a
forfeiture shall be the same amount of proof
necessary to procure a search warrant.
- Although forfeiture is predicated on the
property being used in a crime,
there shall be no
requirement that the owner be convicted of a
crime. It shall be
irrelevant that the person was acquitted of the
crime on which the seizure was based, or
was never charged with any offense.
- Normal procedural protections of the Rules
of Civil Procedure shall
not be applicable.
- Although this section is intended for the
punishment of criminals,
none of the constitutional
protections relevant to criminal cases shall be
applicable.
- After the property is seized,
the burden of proof shall
be on the owner seeking to have his property
returned.
Would you be outraged at this license for
stealing? Doesn't the above seem more appropriate
to a totalitarian dictatorship? Well, the above
statute is currently law, for federal
seizures, and for most states. Although the actual
phrasing of the various forfeiture statutes may be
more elegant, the effect is the same as the "model"
statute above.
How did things get to this point? Very simple.
The American public bought the lies, distortions,
and cover-ups perpetrated by federal government
officials and the politicians regarding such insane
policies as the War on Drugs and the War on Crime
and the War on Terrorism. The move on the part of
government was deliberate; get more power and more
money and the way to do this is to create a crisis
in the minds of an unthinking and uncritical
public, referred to by one government official as
"the sheep." This was not a partisan attempt at
increasing government power at the loss of civil
liberties. Both major political parties, Republican
and Democrat, support the draconian policies
associated with the War on Drugs and the War on
Crime and the War on Terrorism. Put simply, the
American public right now has more to fear from
federal government terrorism than it has to fear
from a foreign invasion. Interesting, ain't it?
(Source for the above "model" statute: David B.
Kopel and Paul H. Blackman, No More Wacos:
What's Wrong With Federal Law Enforcement and How
To Fix It, New York: Prometheus Books, 1997, p.
327.)
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