Tyranny and the Police State: How Law and Government Reshaped America

MKitch3|Sept. 23,2325

“When government fears the people, there is liberty. When the people fear the government, there is tyranny.”  
 -Thomas Jefferson


Every generation of Americans swore it would never happen here. Tyranny was something our ancestors fought to throw off, not something we’d ever embrace. But here we are, surveilled and regulated, treated like suspects by our own government. What changed? Everything. And it didn’t happen overnight. This is a post that came out of my white paper on the subject.

The Founders’ Blueprint

America was born in rebellion against a king who taxed, surveilled, and sent soldiers to knock on doors. The Bill of Rights was supposed to keep that nightmare from returning. Free speech, private property, the right to bear arms, the guarantee that no soldier or bureaucrat could barge into your life without cause—those were meant to be permanent guardrails.

It didn’t take long to start breaking them. The Alien & Sedition Acts (1798) literally made criticizing the government illegal. Lincoln suspended habeas corpus during the Civil War, locking up Americans without trial. Cracks formed almost immediately.

Government’s Growth Addiction

Crisis became the permanent excuse. The Civil War gave us income tax and centralized federal power. The Progressive Era gave us the IRS, Federal Reserve, and FBI. FDR’s New Deal locked in a federal managerial state that never shrank back. Each step was sold as “temporary.” None of it was.

Birth of the Police State

Prohibition turned ordinary Americans into criminals. Federal agents stormed homes, raided bars, and perfected surveillance tactics.

By the 1960s, the FBI was running COINTELPRO, spying on civil rights leaders and antiwar activists. Martin Luther King Jr. was wiretapped and harassed by his own government.

Then came the War on Drugs. SWAT teams, civil asset forfeiture, mass incarceration—it all became normal. The courts shrugged and gave police qualified immunity, making them nearly untouchable.

The 9/11 Jackpot

If you were in Washington on September 12, 2001, you had a golden ticket. Politicians rushed the Patriot Act into law, and suddenly secret courts, mass surveillance, and indefinite detention were standard operating procedure.

The Department of Homeland Security was created, the TSA became permanent, and the NSA quietly built a surveillance system that made East Germany’s Stasi look like amateurs. Local police got armored vehicles and battlefield rifles. By the time Ferguson erupted in 2014, America’s cops looked more like an occupying army than public servants.

COVID and the Emergency State

If 9/11 built the hardware, COVID-19 installed the software. Americans were confined to their homes under threat of arrest. Businesses were shuttered by decree. Speech questioning the rules was censored online. Vaccine passports and contact tracing apps were rolled out like beta tests for a digital permission system.

For the first time, it became obvious: government no longer needed war or terrorism to justify emergency powers. Public health worked just fine.

From Liberty to Permission

The cultural shift might be the most dangerous part. The founders assumed government must always justify its power. Today, the expectation has flipped. Citizens are forced to justify their freedom. Want to travel, work, or even speak online? Prove you have permission.

Generations raised on fear—fear of terrorists, drugs, pandemics—accept checkpoints, surveillance, and constant monitoring as “normal life.”

The Timeline of Tyranny

  • 1798: Alien & Sedition Acts criminalize dissent.
  • 1861: Lincoln suspends habeas corpus.
  • 1917: Espionage Act punishes antiwar speech.
  • 1933: New Deal locks in permanent bureaucracy.
  • 1971: War on Drugs militarizes policing.
  • 2001: Patriot Act launches mass surveillance.
  • 2020: COVID lockdowns confine Americans in their own homes.

Where We’re Headed

America has become what it once resisted: a heavily surveilled, heavily policed society where the rule of law is too often the rule of fear. The infrastructure for tyranny already exists—databases, cameras, drones, militarized police forces. All it needs is the next “emergency” to tighten the screws.

The choice now is simple. Reclaim the founder’s suspicion of government, or learn to live inside a digital cage disguised as democracy.



How Israeli Backdoor Technology Penetrated the US Government’s Telecom System and Compromised National Security

MKitch3|Sept. 23,2025

This was written in 2008/2009. 

Since the late 1990s, federal agents have reported systemic communications security breaches at the Department of Justice, FBI, DEA, the State Department, and the White House. Several of the alleged breaches, these agents say, can be traced to two hi-tech communications companies, Verint Inc. (formerly Comverse Infosys), and Amdocs Ltd., that respectively provide major wiretap and phone billing/record-keeping software contracts for the US government.

Together, Verint and Amdocs form part of the backbone of the government’s domestic intelligence surveillance technology. Both companies are based in Israel – having arisen to prominence from that country’s cornering of the information technology market – and are heavily funded by the Israeli government, with connections to the Israeli military and Israeli intelligence (both companies have a long history of board memberships dominated by current and former Israeli military and intelligence officers). Verint is considered the world leader in “electronic interception” and hence an ideal private sector candidate for wiretap outsourcing. Amdocs is the world’s largest billing service for telecommunications, with some $2.8 billion in revenues in 2007, offices worldwide, and clients that include the top 25 phone companies in the United States that together handle 90 percent of all call traffic among US residents. 

The companies’ operations, sources suggest, have been infiltrated by freelance spies exploiting encrypted trapdoors in Verint/Amdocs technology and gathering data on Americans for transfer to Israeli intelligence and other willing customers (particularly organized crime). “The fact of the vulnerability of our telecom backbone is indisputable,” says a high level US intelligence officer who has monitored the fears among federal agents. “How it came to pass, why nothing has been done, who has done what – these are the incendiary questions.” If the allegations are true, the electronic communications gathered up by the NSA and other US intelligence agencies might be falling into the hands of a foreign government. Reviewing the available evidence, Robert David Steele, a former CIA case officer and today one of the foremost international proponents for “public intelligence in the public interest,” tells me that “Israeli penetration of the entire US telecommunications system means that NSA’s warrantless wiretapping actually means Israeli warrantless wiretapping.”

As early as 1999, the National Security Agency issued a warning that records of US government telephone calls were ending up in foreign hands – Israel’s, in particular. In 2002, assistant US Attorney General Robert F. Diegelman issued an eyes only memo on the matter to the chief information technology (IT) officers at the Department of Justice. IT officers oversee everything from the kind of cell phones agents carry to the wiretap equipment they use in the field; their defining purpose is secure communications. Diegelman’s memo was a reiteration, with overtones of reprimand, of a new IT policy instituted a year earlier, in July 2001, in an internal Justice order titled “2640.2D Information Technology Security.” Order 2640.2D stated that “Foreign Nationals shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems.” This might not seem much to blink at in the post-9/11 intel and security overhaul. Yet 2640.2D was issued a full two months before the Sept. 11 attacks. What group or groups of foreign nationals had close access to IT systems at the Department of Justice? Israelis, according to officials in law enforcement. One former Justice Department computer crimes prosecutor tells me, speaking on background, “I’ve heard that the Israelis can listen in to our calls.”

Retired CIA counterterrorism and counterintelligence officer Philip Giraldi says this is par for the course in the history of Israeli penetrations in the US He notes that Israel always features prominently in the annual FBI report called “Foreign Economic Collection and Industrial Espionage” – Israel is second only to China in stealing US business secrets. The 2005 FBI report states, for example, “Israel has an active program to gather proprietary information within the United States. These collection activities are primarily directed at obtaining information on military systems and advanced computing applications that can be used in Israel’s sizable armaments industry.” A key Israeli method, warns the FBI report, is computer intrusion.

In the big picture of US government spying on Americans, the story ties into 1994 legislation called the Communications Assistance for Law Enforcement Act, or CALEA, which effected a sea-change in methods of electronic surveillance. Gone are the days when wiretaps were conducted through on-site tinkering with copper switches. CALEA mandated sweeping new powers of surveillance for the digital age, by linking remote computers into the routers and hubs of telecom firms – a spyware apparatus linked in real-time, all the time, to American telephones and modems. CALEA made spy equipment an inextricable ligature in our telephonic life. Top officials at the FBI pushed for the legislation, claiming it would improve security, but many field agents have spoken up to complain that CALEA has done exactly the opposite. The data-mining techniques employed by NSA in its wiretapping exploits could not have succeeded without the technology mandated by CALEA. It could be argued that CALEA is the hidden heart of the NSA wiretap scandal.

THE VERINT CONNECTION

According to former CIA officer Giraldi and other US intelligence sources, software manufactured and maintained by Verint, Inc. handles most of American law enforcement’s wiretaps. Says Giraldi: “Phone calls are intercepted, recorded, and transmitted to US investigators by Verint, which claims that it has to be ‘hands on’ with its equipment to maintain the system.” Giraldi also notes Verint is reimbursed for up to 50 percent of its R&D costs by the Israeli Ministry of Industry and Trade. According to Giraldi, the extent of the use of Verint technology “is considered classified,” but sources have spoken out and told Giraldi they are worried about the security of Verint wiretap systems. The key concern, says Giraldi, is the issue of a “trojan” embedded in the software.

A Trojan in information security hardware/software is a backdoor that can be accessed remotely by parties who normally would not have access to the secure system. Allegations of massive Trojan spying have rocked the Israeli business community in recent years. An AP article in 2005 noted, “Top Israeli blue chip companies…are suspected of using illicit surveillance software to steal information from their rivals and enemies.” Over 40 companies have come under scrutiny. “It is the largest cybercrime case in Israeli history,” Boaz Guttmann, a veteran cybercrimes investigator with the Israeli national police, tells me. “Trojan horse espionage is part of the way of life of companies in Israel. It’s a culture of spying.”

This is of course the culture on which the US depends for much of its secure software for data encryption and telephonic security. “There’s been a lot discussion of how much we should trust security products by Israeli telecom firms,” says Philip Zimmerman, one of the legendary pioneers of encryption technology (Zimmerman invented the cryptographic and privacy authentication system known as Pretty Good Privacy, or PGP, now one of the basic modern standards for communications encryption). “Generally speaking, I wouldn’t trust stuff made overseas for data security,” says Zimmerman. “A guy at NSA InfoSec” – the information security division of the National Security Agency – “once told me, ‘Foreign-made crypto is our nightmare.’ But to be fair, as our domestic electronics industry becomes weaker and weaker, foreign-made becomes inevitable.” Look at where the expertise is, Zimmerman adds: Among the ranks of the International Association for Cryptological Research, which meets annually, there is a higher percentage of Israelis than any other nationality. The Israeli-run Verint is today the provider of telecom interception systems deployed in over 50 countries.

Carl Cameron, chief politics correspondent at Fox News Channel, is one of the few reporters to look into federal agents’ deepening distress over possible trojans embedded in Verint technology. In a wide-ranging four-part investigation into Israeli-linked espionage that aired in December 2001, Cameron made a number of startling discoveries regarding Verint, then known as Comverse Infosys. Sources told Cameron that “while various FBI inquiries into Comverse have been conducted over the years,” the inquiries had “been halted before the actual equipment has ever been thoroughly tested for leaks.” Cameron also noted a 1999 internal FCC document indicating that “several government agencies expressed deep concerns that too many unauthorized non-law enforcement personnel can access the wiretap system.” Much of this access was facilitated through “remote maintenance.”

Immediately following the Cameron report, Comverse Infosys changed its name to Verint, saying the company was “maturing.” (The company issued no response to Cameron’s allegations, nor did it threaten a lawsuit.) Meanwhile, security officers at DEA, an adjunct of the Justice Department, began examining the agency’s own relationship with Comverse/Verint. In 1997, DEA transformed its wiretap infrastructure with the $25 million procurement from Comverse/Verint of a technology called “T2S2” – “translation and transcription support services” – with Comverse/Verint contracted to provide the hardware and software, plus “support services, training, upgrades, enhancements and options throughout the life of the contract,” according to the “contracts and acquisitions” notice posted on the DEA’s website. This was unprecedented. Prior to 1997, DEA staff used equipment that was developed and maintained in-house.

But now Cameron’s report raised some ugly questions of vulnerability in T2S2.

The director of security programs at DEA, Heidi Raffanello, was rattled enough to issue an internal communiqué on the matter, dated Dec. 18, 2001, four days after the final installment in the Cameron series. Referencing the Fox News report, she worried that “Comverse remote maintenance” was “not addressed in the C&A [contracts and acquisitions] process.” She also cited the concerns in Justice Department order 2640.2D, and noted that the “Administrator” – meaning then DEA head Asa Hutchinson – had been briefed. Then there was this stunner: “It remains unclear if Comverse personnel are security cleared, and if so, who are they and what type of clearances are on record….Bottom line we should have caught it.” On its face, the Raffanello memo is a frightening glimpse into a bureaucracy caught with its pants down.

American law enforcement was not alone in suspecting T2S2 equipment purchased from Comverse/Verint. In November 2002, sources in the Dutch counterintelligence community began airing what they claimed was “strong evidence that the Israeli secret service has uncontrolled access to confidential tapping data collected by the Dutch police and intelligence services,” according to the Dutch broadcast radio station Evangelische Omroep (EO). In January 2003, the respected Dutch technology and computing magazine, c’t, ran a follow-up to the EO scoop, headlined “Dutch Tapping Room not Kosher.” The article began: “All tapping equipment of the Dutch intelligence services and half the tapping equipment of the national police force…is insecure and is leaking information to Israel.” The writer, Paul Wouters, goes on to discuss the T2S2 tap-ware “delivered to the government in the last few years by the Israeli company Verint,” and quoted several cryptography experts on the viability of remote monitoring of encrypted “blackbox” data. Wouters writes of this “blackbox cryptography”:

“…a very important part of strong cryptography is a good random source. Without a proper random generator, or worse, with an intentionally crippled random generator, the resulting ciphertext becomes trivial to break. If there is one single unknown chip involved with the random generation, such as a hardware accelerator chip, all bets are off….If you can trust the hardware and you have access to the source code, then it should theoretically be possible to verify the system. This, however, can just not be done without the source code.”

Yet, as Wouters was careful to add, “when the equipment was bought from the Israelis, it was agreed that no one except [Verint] personnel was authorized to touch the systems….Source code would never be available to anyone.”

Cryptography pioneer Philip Zimmerman warns that “you should never trust crypto if the source code isn’t published. Open source code means two things: if there are deliberate backdoors in the crypto, peer review will reveal those backdoors. If there are inadvertent bugs in the crypto, they too will be discovered. Whether the weaknesses are by accident or design, they will be found. If the weakness is by design, they will not want to publish the source code. Some of the best products we know have been subject to open source review: Linux; Apache. The most respected crypto products have been tested through open source. The little padlock in the corner when you visit a browser? You’re going through a protocol called Secure Socket Layer. Open source tested and an Internet standard. FireFox, the popular and highly secure browser, is all open source.”

THE CALEA CONNECTION

None of US law enforcement’s problems with Amdocs and Verint could have come to pass without the changes mandated by the Communications Assistance for Law Enforcement Act of 1994, which, as noted, sought to lock spyware into telecom networks. CALEA, to cite the literature, requires that terrestrial carriers, cellular phone services and other telecom entities enable the government to intercept “all wire and oral communications carried by the carrier concurrently with their transmission.” T2S2 technology fit the bill perfectly: Tied into the network, T2S2 bifurcates the line without interrupting the data-stream (a T2S2 bifurcation is considered virtually undetectable). One half of the bifurcated line is recorded and stored in a remote tapping room; the other half continues on its way from your mouth or keyboard to your friend’s. (What is “T2S2”? To simplify: The S2 computer collects and encrypts the data; the T2 receives and decrypts.)

CALEA was touted as a law enforcement triumph, the work of decades of lobbying by FBI. Director Louis Freeh went so far as to call it the bureau’s “highest legislative priority.” Indeed, CALEA was the widest expansion of the government’s electronic surveillance powers since the Crime Control and Safe Streets Act of 1968, which mandated carefully limited conditions for wiretaps. Now the government could use coercive powers in ordering telecom providers to “devise solutions” to law enforcement’s “emerging technology-generated problems” (imposing a $10,000 per day penalty on non-compliant carriers). The government’s hand would be permanently inserted into the design of the nation’s telecom infrastructure. Law professor Lillian BeVier, of the University of Virginia, writes extensively of the problems inherent to CALEA. “The rosy scenario imagined by the drafters cannot survive a moment’s reflection,” BeVier observes. “While it is conventionally portrayed as ‘but the latest chapter in the thirty year history of the federal wiretap laws,’ CALEA is not simply the next installment of a technologically impelled statutory evolution. Instead, in terms of the nature and magnitude of the interests it purports to ‘compromise’ and the industry it seeks to regulate, in terms of the extent to which it purports to coerce private sector solutions to public sector problems, and in terms of the foothold it gives government to control the design of telecommunications networks, the Act is a paradigm shift. On close and disinterested inspection, moreover, CALEA appears to embody potentially wrong-headed sacrifices of privacy principles, flawed and incomplete conceptions of law enforcement’s ends and means, and an imperfect appreciation of the incompatible incentives of the players in the game that would inevitably be played in the process of its implementation.” (emphasis mine)

The real novelty – and the danger – of CALEA is that telecom networks are today configured so that they are vulnerable to surveillance. “We’ve deliberately weakened the computer and phone networks, making them much less secure, much more vulnerable both to legal surveillance and illegal hacking,” says former DOJ cybercrimes prosecutor Mark Rasch. “Everybody is much less secure in their communications since the adopting of CALEA. So how are you going to have secure communications? You have to secure the communications themselves, because you cannot have a secure network. To do this, you need encryption. What CALEA forced businesses and individuals to do is go to third parties to purchase encryption technology. What is the major country that the US purchases IT encryption from overseas? I would say it’s a small Middle Eastern democracy. What we’ve done is the worst of all worlds. We’ve made sure that most communications are subject to hacking and interception by bad guys. At the same time, the bad guys – organized crime, terrorist operations – can very easily encrypt their communications.” It is notable that the first CALEA-compliant telecom systems installed in the US were courtesy of Verint Inc.

THE AMDOCS CONNECTION

If a phone is dialed in the US, Amdocs Ltd. likely has a record of it, which includes who you dialed and how long you spoke. This is known as transactional call data. Amdocs’ biggest customers in the US are AT&T and Verizon, which have collaborated widely with the Bush Administration’s warrantless wiretapping programs. Transactional call data has been identified as a key element in NSA data mining to look for “suspicious” patterns in communications.

Over the last decade, Amdocs has been the target of several investigations looking into whether individuals within the company shared sensitive US government data with organized crime elements and Israeli intelligence services. Beginning in 1997, the FBI conducted a far-flung inquiry into alleged spying by an Israeli employee of Amdocs, who worked on a telephone billing program purchased by the CIA. According to Paul Rodriguez and J. Michael Waller, of Insight Magazine, which broke the story in May of 2000, the targeted Israeli had apparently also facilitated the tapping of telephone lines at the Clinton White House (recall Monica Lewinsky’s testimony before Ken Starr: the president, she claimed, had warned her that “a foreign embassy” was listening to their phone sex, though Clinton under oath later denied saying this). More than two dozen intelligence, counterintelligence, law-enforcement and other officials told Insight that a “daring operation,” run by Israeli intelligence, had “intercepted telephone and modem communications on some of the most sensitive lines of the US government on an ongoing basis.” Insight’s chief investigative reporter, Paul Rodriguez, told me in an e-mail that the May 2000 spy probe story “was (and is) one of the strangest I’ve ever worked on, considering the state of alert, concern and puzzlement” among federal agents. According to the Insight report, FBI investigators were particularly unnerved over discovering the targeted Israeli subcontractor had somehow gotten his hands on the FBI’s “most sensitive telephone numbers, including the Bureau’s ‘black’ lines used for wiretapping.” “Some of the listed numbers,” the Insight article added, “were lines that FBI counterintelligence used to keep track of the suspected Israeli spy operation. The hunted were tracking the hunters.” Rodriguez confirmed the panic this caused in American Intel”It’s a huge security nightmare,” one senior US official told him. “The implications are severe,” said a second official. “All I can tell you is that we think we know how it was done,” a third intelligence executive told Rodriguez. “That alone is serious enough, but it’s the unknown that has such deep consequences.” No charges, however, were made public in the case. (What happened behind the scenes depends on who you talk to in law enforcement: When FBI counterintelligence sought a warrant for the Israeli subcontractor, the Justice Department strangely refused to cooperate, and in the end no warrant was issued. FBI investigators were baffled.)

London Sunday Times reporter Uzi Mahnaimi quotes sources in Tel Aviv saying that during this period e-mails from President Clinton had also been intercepted by Israeli intelligence. Mahnaimi’s May 2000 article reveals that the operation involved “hacking into White House computer systems during intense speculation about the direction of the peace process.” Israeli intelligence had allegedly infiltrated a company called Telrad, subcontracted by Nortel, to develop a communications system for the White House. According to the Sunday Times, “Company managers were said to have been unaware that virtually undetectable chips installed during manufacture made it possible for outside agents to tap into the flow of data from the White House.”

In 1997, detectives with the Los Angeles Police Department, working in tandem with the Secret Service, FBI, and DEA, found themselves suffering a similar inexplicable collapse in communications security. LAPD was investigating Israeli organized crime: drug runners and credit card thieves based in Israel and L.A., with tentacles in New York, Miami, Las Vegas, and Egypt. The name of the crime group and its members remains classified in “threat assessment” papers this reporter obtained from LAPD, but the documents list in some detail the colorful scope of the group’s operations: $1.4 million stolen from Fidelity Investments in Boston through sophisticated computer fraud; extortion and kidnapping of Israelis in LA and New York; cocaine distribution in connection with Italian, Russian, Armenian and Mexican organized crime; money laundering; and murder. The group also had access to extremely sophisticated counter-surveillance technology and data, which was a disaster for LAPD. According to LAPD internal documents, the Israeli crime group obtained the unlisted home phone, cell phone, and pager numbers of some 500 of LAPD’s narcotics investigators, as well as the contact information for scores of federal agents – black info, numbers unknown even to the investigators’ kin. The Israelis even set up wiretaps of LAPD investigators, grabbing from cell-phones and landlines conversations with other agents – FBI and DEA, mostly – whose names and phone numbers were also traced and grabbed.

LAPD was horrified, and as the word got out of the seeming total breakdown in security, the shock spread to agents at DEA, FBI and even CIA, who together spearheaded an investigation. It turned out that the source of much of this black Intel could be traced to a company called J&J Beepers, which was getting its phone numbers from a billing service that happened to be a subsidiary of Amdocs.

A source familiar with the inquiries into Amdocs put to me several theories regarding the allegations of espionage against the company. “Back in the early 1970s, when it became clear that AT&T was going to be broken up and that there was an imminent information and technology revolution, Israel understood that it had a highly-educated and highly-worldly population and it made a few calculated economic and diplomatic discoveries,” the source says. “One was that telecommunications was something they could do: because it doesn’t require natural resources, but just intellect, training and cash. They became highly involved in telecommunications. Per capita, Israel is probably the strongest telecommunications nation in the world. AT&T break-up occurs in 1984; Internet technology explodes; and Israel has all of these companies aggressively buying up contracts in the form of companies like Amdocs. Amdocs started out as a tiny company and now it’s the biggest billing service for telecommunications in the world. They get this massive telecommunications network underway. Like just about everything in Israel, it’s a government sponsored undertaking.

“So it’s been argued that Amdocs was using its billing records as an intelligence-gathering exercise because its executive board over the years has been heavily peopled by retired and current members of the Israeli government and military. They used this as an opportunity to collect information about worldwide telephone calls. As an intelligence-gathering phenomenon, an analyst with an MIT degree in algorithms would rather have 50 pages of who called who than 50 hours of actual conversation. Think about conversations with friends, husbands, wives. That raw information doesn’t mean anything. But if there’s a pattern of 30 phone calls over the course of a day, that can mean a lot. It’s a much simpler algorithm.”

Another anonymous source – a former CIA operative – tells me that US intelligence agents who have aired their concerns about Verint and Amdocs have found themselves attacked from all sides. “Once it’s learned that an individual is doing footwork on this [the Verint/Amdocs question], he or she is typically identified somehow as a troublemaker, an instigator, and is hammered mercilessly,” says the former CIA operative. “Typically, what happens is the individual finds him or herself in a scenario where their retirement is jeopardized – and worse. The fact that if you simply take a look at this question, all of a sudden you’re an Arabist or anti-Semitic – it’s pure baloney, because I will tell you first-hand that people whose heritage lies back in that country have heavily worked this matter. You can’t buy that kind of dedication.”

The former CIA operative adds, “There is no defined policy, at this time, for how to deal with this [security issues involving Israel] – other than wall it off, contain it. It’s not cutting it. Not after 9/11. The funeral pyre that burned on for months at the bottom of the rubble told a lot of people they did not need to be ‘politically correct.’ The communications nexuses [i.e. Amdocs/Verint] didn’t occur yesterday; they started many years ago. And that’s a major embarrassment to organizations that would like to say they’re on top of things and not co-opted or compromised. As you start to work this, you soon learn that many people have either looked the other way or have been co-opted along the way. Some people, when they figure out what has occurred, are highly embarrassed to realize that they’ve been duped. Because many of them are bureaucrats, they don’t want to be made to look as stupid as they are. So they just go along with it. Sometimes, it’s just that simple.”

Source: http://www.antiwar.com/orig/ketcham.php?articleid=13506

by Christopher Ketcham 

Freedom vs. Liberty: Two Words America Keeps Confusing

MKitch3|Sept. 22,2025

Every country has its favorite myths. Ours are red, white, blue, and stamped with two words that people swear mean the same thing: freedom and liberty. They don’t. They never did. And the fact we keep pretending otherwise is one of the reasons American law, politics, and daily life have been one long tug-of-war between what we think we’re promised and what we’re actually allowed.

The Bare Bones: Legal and Philosophical Roots

Freedom is the raw condition of being unconstrained. It’s the natural state—what philosophers call a negative right, an absence of interference.

Liberty is freedom that has been recognized, structured, and (inevitably) limited by law. It’s not the absence of restraint but the protection against arbitrary restraint.

Thomas Hobbes, in Leviathan (1651), defined liberty as “the absence of external impediments.” John Locke upped the ante, calling liberty a natural right, but one that had to exist under law for civil society to function.

Black’s Law Dictionary draws the line clean:

• Freedom: “The absence of necessity, coercion, or constraint.”

• Liberty: “Freedom from arbitrary restraint, especially by government.”

So freedom is the wild field. Liberty is the fenced pasture the state swears you can run around in.

Founding Era: The Word Choices That Still Haunt Us

• Declaration of Independence (1776): Jefferson wrote “life, liberty, and the pursuit of happiness.” He didn’t say “freedom.” Liberty here was a philosophical ideal, imported straight from Locke.

• Constitution (1787): The preamble promised to “secure the blessings of liberty to ourselves and our posterity.” The Bill of Rights mixed the two: freedom of speech, freedom of the press—but framed them as liberties that government couldn’t touch.

• Federalist Papers (1787-88): Madison and Hamilton tossed the words around strategically. Madison warned that liberty without structure dissolves into anarchy. Hamilton argued too much freedom would shred the Union.

The Founders, in short, used both words with purpose. Freedom was a condition; liberty was a principle.

The Timeline: Law, Politics, and the Shrinking (or Expanding) Circle

1798 – The Alien and Sedition Acts

• Congress criminalized criticism of the government. Freedom of speech existed in theory; liberty was mutilated in practice. Jefferson and Madison pushed back in the Virginia and Kentucky Resolutions, claiming liberty was being crushed by federal overreach.

1860s – The Civil War and the 13th Amendment

• Lincoln’s rhetoric danced between liberty and freedom. He said at Gettysburg the war would bring a “new birth of freedom.” The legal system codified liberty for the formerly enslaved—but reality lagged a century behind.

1866 – Civil Rights Act

• Congress declared all persons born in the U.S. citizens with “full and equal benefit of all laws.” Freedom on paper. Liberty in practice? Still throttled by Black Codes and Jim Crow.

1917–1918 – The Espionage and Sedition Acts

• World War I saw dissent criminalized again. Eugene Debs went to prison for anti-war speech. The Supreme Court (in Schenck v. United States, 1919) blessed it, birthing the “shouting fire in a crowded theater” doctrine. Freedom got an asterisk.

1941 – FDR’s Four Freedoms Speech

• Roosevelt reframed freedom globally: freedom of speech, freedom of worship, freedom from want, freedom from fear. Two were classic liberties; two were positive rights requiring massive government action.

1960s – Civil Rights Movement

• Martin Luther King Jr. talked about freedom ringing from every mountainside, but the fight was about liberty—forcing the state to honor rights it had already promised. Civil Rights Act (1964) and Voting Rights Act (1965) tried to close the gap.

2001 – The Patriot Act

• Freedom shrank in the name of security. Liberty was recast as something you have only if you’re not suspected of terrorism. The state’s leash tightened.

2020 – Pandemic Restrictions

• “Freedom” became the battle cry of those resisting mandates. “Liberty” became the lawyered-up justification for state power: public health outweighed personal autonomy.

Quotes That Show the Creep

• Patrick Henry (1775): “Give me liberty, or give me death!” — fiery, but limited to a select class.

• Abraham Lincoln (1864): “The world has never had a good definition of the word liberty.” — still true.

• Benjamin Franklin (1759): “Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.” — a warning ignored every generation.

• Justice Brandeis (1928, Olmstead v. U.S. dissent): “The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”

Freedom vs. Liberty in the Real World

• Speech: Freedom means you can say what you want. Liberty means the courts decide if what you said qualifies as “protected.”

• Travel: Freedom suggests you can move wherever. Liberty is why you still need ID at TSA and a passport at borders.

• Property: Freedom says you own your land. Liberty is the zoning board telling you what you can’t build on it.

Why It Still Matters

Freedom is the banner. Liberty is the contract. One fires the imagination, the other locks horns with reality. Every major American conflict—political, social, or cultural—sits in that gap.

• Too much freedom without structure = chaos (see: mob rule).

• Too much liberty without freedom = authoritarianism dressed in legalese.

The Founders knew it, Lincoln knew it, Roosevelt twisted it, and we’re still choking on the difference.

The Punchline

Freedom is what you claim.

Liberty is what survives the lawyers, the judges, and the politicians.

The American project, at its best, is keeping those two words close enough that citizens don’t feel conned. At its worst, it’s watching the distance grow until freedom becomes rhetoric, and liberty becomes permission slips.


Israeli Spying on America: The Cases Washington Can’t Erase

Allies spy on allies. Everyone in intelligence knows it, but the public hates to admit it. When it comes to Israel and the United States, the espionage trail isn’t rumor—it’s court records, DOJ press releases, and declassified intelligence assessments. For decades, Israel has run some of the most aggressive collection efforts inside America, and Washington has responded with a mix of prosecutions, cover-ups, and shrugs.

Cognitive Dissonance


Here’s some of the documented history, stripped of spin.

The Pollard Affair

The name Jonathan Jay Pollard still echoes in counterintelligence circles. Pollard was a Navy intelligence analyst who, between 1984 and 1985, passed highly classified documents to Israel’s LAKAM unit. In 1986 he pled guilty to conspiracy to deliver national defense information to a foreign government.

In 1987 he was sentenced to life in prison, one of the stiffest sentences ever handed to an American spying for an ally (D.C. Circuit opinion). His Israeli handler Aviem Sella was indicted but never extradited. The mastermind, Rafi Eitan, headed LAKAM, which was disbanded in the scandal’s aftermath.

Pollard spent three decades in prison, paroled in 2015, and had his restrictions lifted in 2020. Israel later embraced him as a hero, granting him citizenship.

Ben-Ami Kadish: The Quiet Sequel

In 2008, the FBI arrested Ben-Ami Kadish, a retired mechanical engineer who worked at a U.S. Army research center in New Jersey. Between 1980 and 1985, Kadish had passed classified documents on missile systems and nuclear weapons to—astonishingly—the same Israeli official tied to Pollard: Yossi Yagur.

Kadish pled guilty to conspiracy to act as an unregistered agent of Israel. He was fined $50,000 and received no prison time, largely because of his age. It was a quiet echo of Pollard, but it confirmed a pattern: this wasn’t a one-off operation.

Franklin and the AIPAC Collapse

The 2000s brought the Lawrence Franklin case, where a Pentagon analyst leaked classified information on Iran to two senior AIPAC officials—Steven Rosen and Keith Weissman—and to an Israeli diplomat.

Franklin pled guilty in 2005 under the Espionage Act and was sentenced to over 12 years (later reduced). Rosen and Weissman, however, became the center of a sensational trial. The DOJ tried to prosecute them under the Espionage Act—an extraordinary move against lobbyists—but in 2009, prosecutors dropped all charges.

The collapse of the AIPAC case stands as one of the most glaring examples of politics derailing espionage prosecutions.

The Nozette Sting

In 2009, the FBI launched an undercover sting against Stewart Nozette, a scientist with deep ties to U.S. nuclear and space programs. Agents posed as Mossad operatives. Nozette quickly agreed to sell classified secrets for cash.

In 2011 he pled guilty to attempted espionage and was sentenced to 13 years in prison (DOJ press release).

Israel wasn’t actually involved—the “handlers” were FBI agents—but the fact the FBI used Mossad as bait says a lot about credibility.

Procurement and Nuclear Secrets

Espionage isn’t always cloak-and-dagger. Sometimes it’s paperwork and exports.

  • Richard Kelly Smyth, head of a California company, illegally exported krytrons—nuclear triggers—to Israel in the 1980s. He fled, was arrested in 2001, and pled guilty to export violations (Los Angeles Times coverage).
  • Hollywood producer Arnon Milchan later admitted he had been part of Israel’s clandestine procurement network, helping funnel sensitive U.S. technology into Israeli weapons programs.

And before that, in the 1960s, there was NUMEC—a Pennsylvania plant where highly enriched uranium went missing. CIA and Atomic Energy Commission officials long suspected it ended up in Israel. The case was never prosecuted, but declassified memos show the suspicions.

What U.S. Intelligence Really Thinks

For anyone tempted to dismiss these as relics of the Cold War, the U.S. intelligence community has said otherwise.

  • A 2008 NSA memo, revealed by Edward Snowden and published by The Guardian, described Israel as a “good SIGINT partner” but admitted: “they target us to learn our positions” on Middle East issues.
  • A National Intelligence Estimate ranked Israel as the third most aggressive intelligence service against the United States, behind only China and Russia.

This is not internet rumor—it’s the official assessment of American intelligence agencies.

Spyware: The 21st Century Front

Today’s espionage is digital, and Israel’s role continues.

  • In 2021, the U.S. Commerce Department blacklisted NSO Group and Candiru, citing their role in surveillance of U.S. persons (Federal Register notice).
  • In 2024, the Treasury Department sanctioned Intellexa, another Israeli-linked spyware consortium, for targeting Americans, including U.S. officials.

The message was clear: Israeli-linked surveillance firms aren’t just shady—they’re national security threats.

Allegations That Didn’t Stick

Some claims remain “officially” unproven.

  • The “Israeli art students” of 2001: DEA documented suspicious door-to-door visits near federal offices. DOJ said there was no substantiated espionage (DEA memo coverage).
  • Alleged Israeli telecom backdoors (Amdocs, Comverse): heavily reported post-9/11, but no charges or official findings ever confirmed them (Fox News archive).

The Pattern

Put all this together, and the picture is plain:

  • Classic espionage: Pollard, Kadish, Franklin, Nozette.
  • Illegal procurement: Smyth, Milchan, possibly NUMEC.
  • Intelligence assessments: Israel ranked as one of the top collectors against the U.S.
  • Modern cyber: NSO, Candiru, Intellexa sanctioned for targeting Americans.

The U.S. has prosecuted when it could, quietly dropped cases when it couldn’t, and buried scandals when politics demanded it.

Conclusion

Allies spy on allies. That’s the way of the world. But the United States has spent decades pretending Israel doesn’t spy on it. That’s the lie.

From stolen nuclear secrets to aggressive lobbying pipelines, from FBI stings to modern spyware hacks, the history is public and undeniable. Court dockets, declassified documents, and sanctions lists tell the story.

The real scandal isn’t that Israel spies—it’s that the American public is told it doesn’t happen.

White Paper: Constitutional Supremacy vs. Judicial Supremacy in the United States

MKitch3|Sept 19, 2025


Executive Summary

The Constitution of the United States explicitly declares itself—and laws made in pursuance thereof—as the supreme law of the land (Article VI, Clause 2). Nowhere does it elevate the Supreme Court to that status. Yet over time, through practice and precedent, the Court has come to be treated as the final arbiter of constitutional meaning. This paper examines the historical roots of this transformation, the warnings issued by presidents and founders against judicial supremacy, the legal and political events that entrenched it, and the implications for American constitutional government today.

I. Constitutional Text: What the Founders Wrote

Article VI, Clause 2 (Supremacy Clause):

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

Key features:

  • The Constitution itself is supreme.
  • Laws made pursuant to it are supreme.
  • Judges (state and federal) are bound by it.
  • Nowhere does it say “the Supreme Court’s interpretations are the supreme law.”

The judiciary is established in Article III, with jurisdiction defined, but there is no explicit claim of “judicial supremacy.” The very idea of the Court being the “final word” was created later, politically and culturally.

II. The Birth of Judicial Review

Marbury v. Madison (1803):

Chief Justice John Marshall declared it the duty of the judiciary “to say what the law is.” This was the first assertion of judicial review: the idea that courts could strike down laws inconsistent with the Constitution.

Marshall: “It is emphatically the province and duty of the judicial department to say what the law is.”

The Constitution never states this directly. Judicial review was widely accepted as reasonable, but the claim that the Court’s interpretations are binding on everyone—forever—was a leap.

III. Early Resistance to Judicial Supremacy

Jefferson’s Warnings

Thomas Jefferson fiercely opposed judicial supremacy:

  • 1820 Letter to William Jarvis:
    You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.”
  • He argued that each branch had the equal right to interpret the Constitution:
    The Constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.”

Jefferson’s philosophy: every branch has the duty to uphold the Constitution, not defer to judges.

Jackson’s Defiance

President Andrew Jackson rejected judicial supremacy during the Worcester v. Georgia controversy (1832). While the quote “John Marshall has made his decision; now let him enforce it” is apocryphal, Jackson did ignore the Court’s decision, demonstrating his belief that the judiciary did not rule over the executive branch.

IV. Lincoln and the Civil War Context

Abraham Lincoln, confronting the Dred Scott v. Sandford (1857) decision, argued that while Court decisions bind the parties to a case, they do not dictate national policy:

  • First Inaugural Address (1861):
    “The candid citizen must confess that if the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court… the people will have ceased to be their own rulers, having to that extent resigned their government into the hands of that eminent tribunal.”

Lincoln respected Court rulings in limited scope but denied the notion that Dred Scott defined the Constitution forever.

V. The 20th Century Rise of Judicial Supremacy

Post–Civil War Developments

  • The Court began asserting broader constitutional interpretations in commerce and civil rights cases.
  • Precedent hardened around the idea that the Court’s rulings were binding on all levels of government.

Civil Rights Era

  • Brown v. Board of Education (1954) held racial segregation unconstitutional. Its moral force and federal enforcement cemented the Court as the “final word.”
  • President Eisenhower used troops to enforce Brown in Little Rock (1957), showing executive backing.

This set a new standard: Court rulings would be treated as binding constitutional commands, not mere interpretations.

VI. Modern Expansion of Judicial Supremacy

Key examples of the Court reshaping law and policy:

  • Roe v. Wade (1973): Created a national right to abortion.
  • Obergefell v. Hodges (2015): Legalized same-sex marriage nationwide.
  • Citizens United v. FEC (2010): Redefined campaign finance as protected speech.
  • Dobbs v. Jackson (2022): Overturned Roe.

Each of these cases demonstrates the Court effectively setting national policy—without legislation. Critics argue this elevates nine unelected justices above Congress, the President, and the people.

VII. Departmentalism vs. Judicial Supremacy

  • Judicial Supremacy: The Court is the final interpreter; its rulings bind all.
  • Departmentalism (Jefferson, Jackson, Lincoln): Each branch has equal right and duty to interpret the Constitution.

Departmentalism maintains balance but risks chaos if branches openly defy one another. Judicial supremacy provides stability but risks oligarchy.

VIII. Modern Critiques

  • Left-leaning critiques: Court is captured by conservative ideology and unresponsive to democratic will.
  • Right-leaning critiques: Court has usurped lawmaking powers and imposed liberal social policies.
  • Populist critique (both sides): Nine unelected justices should not decide issues that Congress avoids.

Public trust in the Court has fallen sharply in the 21st century, with polling showing historically low approval after Dobbs (2022).

IX. Rebalancing Options

  1. Constitutional Amendment: Clarify limits on judicial review.
  2. Jurisdiction Stripping: Congress can limit the Court’s jurisdiction under Article III.
  3. Term Limits for Justices: Reduce lifetime judicial entrenchment.
  4. Revive Departmentalism: Presidents and Congress openly interpret the Constitution independently.

X. Conclusion

The U.S. Constitution is the supreme law of the land. The idea that Supreme Court opinions hold that title is a political invention, not a constitutional command. From Jefferson’s denunciations to Lincoln’s resistance, history is filled with leaders who saw the danger of judicial supremacy.

Today, with polarization and declining trust in institutions, America faces the same question Jefferson posed two centuries ago: Do we live under a Constitution, or under the rulings of nine judges? The answer determines whether sovereignty lies with the people and their representatives, or with an unelected judicial elite.

Appendix: Key Quotes

  • Jefferson (1820): “The Constitution… is a mere thing of wax in the hands of the judiciary.”
  • Jackson (1832): “The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges.”
  • Lincoln (1861): “The people will have ceased to be their own rulers… resigned their government into the hands of that eminent tribunal.”

Appendix: Timeline of Major Cases and Events Shaping Judicial Supremacy

Early Republic and Foundations

1787 – U.S. Constitution Ratified

  • Article VI establishes the Constitution (and laws made in pursuance thereof) as the supreme law of the land.
  • No explicit mention of judicial supremacy.

1791 – First Bank of the United States

  • Early dispute over implied powers. Hamilton (pro) vs. Jefferson (anti). Congress charters the Bank anyway.

1803 – Marbury v. Madison

  • Chief Justice John Marshall establishes judicial review.
  • Quote: “It is emphatically the province and duty of the judicial department to say what the law is.”
  • This creates the precedent that courts may strike down unconstitutional laws.

Expansion of Federal Power

1819 – McCulloch v. Maryland

  • Court upholds Congress’s power to create the Second Bank.
  • Marshall: the Necessary and Proper Clause allows implied powers.
  • Significance: Strengthened national supremacy, widened scope of implied powers, and bolstered judicial authority.

1824 – Gibbons v. Ogden

  • Court broadly interprets the Commerce Clause, expanding federal power.

1832 – Worcester v. Georgia

  • Court rules that Georgia laws had no authority in Cherokee territory.
  • President Jackson refuses to enforce it, exposing limits of judicial authority when the executive resists.

Antebellum Crisis

1857 – Dred Scott v. Sandford

  • Court rules that African Americans cannot be citizens and Congress cannot ban slavery in the territories.
  • Seen as judicial overreach; inflames sectional tensions.
  • Lincoln later rejects the decision’s authority beyond the specific case.

1861 – Lincoln’s First Inaugural Address

  • Rejects judicial supremacy:
    “The candid citizen must confess that if the policy of the government… is to be irrevocably fixed by decisions of the Supreme Court… the people will have ceased to be their own rulers.”

Reconstruction and Early 20th Century

1869 – Texas v. White

  • Court rules secession unconstitutional, bolstering the authority of federal institutions after the Civil War.

1896 – Plessy v. Ferguson

  • Court upholds racial segregation under “separate but equal.”
  • Judicial supremacy entrenches systemic racism for decades.

1913 – Federal Reserve Act

  • Congress creates the Federal Reserve under implied constitutional powers. Judicial precedent (McCulloch) provides cover.

1935 – Gold Clause Cases (Norman v. Baltimore & Ohio Railroad, Perry v. United States)

  • Court upholds Congress’s sweeping power to regulate monetary policy, even voiding private contracts.
  • Judicial blessing of federal financial authority.

Civil Rights and the High Tide of Judicial Supremacy

1954 – Brown v. Board of Education

  • Overturns Plessy, declaring school segregation unconstitutional.
  • Becomes a defining moment for judicial supremacy as national policy-setter.

1957 – Little Rock Crisis

  • President Eisenhower sends troops to enforce Brown.
  • Shows judicial decisions backed by executive force become national law in practice.

1973 – Roe v. Wade

  • Court creates nationwide abortion rights framework.
  • Seen by critics as judicial lawmaking beyond constitutional text.

Late 20th Century – Judicial Policymaking

2000 – Bush v. Gore

  • Court halts Florida recount, effectively deciding the presidential election.
  • Cemented public view of the Court as political actor.

2010 – Citizens United v. FEC

  • Court rules that corporate spending on elections is protected speech.
  • Expands First Amendment interpretations, reshaping campaign finance.

21st Century Polarization

2015 – Obergefell v. Hodges

  • Court legalizes same-sex marriage nationwide.
  • Hailed as a landmark for equality, criticized as judicial overreach bypassing legislatures.

2022 – Dobbs v. Jackson Women’s Health Organization

  • Court overturns Roe v. Wade.
  • Returns abortion regulation to states, sparking fierce debates over judicial power and legitimacy.

Modern Critiques and Challenges

  • Audit the Fed Movement (2000s–present): Efforts to rein in Federal Reserve independence highlight blurred lines between constitutional authority and judicial-accepted precedent.
  • Public Trust Decline (2020s): Polling shows trust in the Supreme Court at record lows, suggesting the doctrine of judicial supremacy is being questioned by both left and right.

Concluding Note on the Timeline

From Marbury to Dobbs, the Court has shaped policy more than any other branch by claiming the power to decide constitutional meaning. But moments like Jackson’s defiance, Lincoln’s resistance, and modern political backlash remind us: the Constitution is supreme law. The Court’s supremacy exists only because other branches and the people consent to it.