The Construction of a Dictatorship in the United States

Building a dictatorship doesn't happen accidentally.

The concept of technocratic totalitarianism has been gaining attention in recent years, particularly in the context of the increasing influence of technology on the political landscape. This essay will explore how the United States has been gradually transitioning into a technocratic dictatorship, focusing on the role of FISA courts and the Obama administration's controversial policies on indefinite detention of Americans. By examining these issues and discussing relevant court cases, we will gain a deeper understanding of the potential threats to democratic values and civil liberties in the United States.

Technocratic Totalitarianism: A Definition

Technocratic totalitarianism refers to a form of government in which technological experts, rather than elected representatives, make decisions on behalf of the population. This system relies on the extensive use of surveillance, data collection, and control of information to maintain power and suppress dissent. The rise of the surveillance state, coupled with the erosion of civil liberties, has given rise to concerns that the United States is heading towards a technocratic dictatorship.

FISA Courts: A Breach of Constitutional Rights

The Foreign Intelligence Surveillance Act (FISA) of 1978 established secret courts to review and approve requests for surveillance on foreign intelligence targets within the United States. While initially intended as a safeguard against abuses of power, FISA courts have come under criticism for their lack of transparency and disregard for civil liberties. Critics argue that these courts have effectively bypassed the Fourth Amendment's protection against unreasonable searches and seizures by granting extensive surveillance powers to the government without adequate oversight.

The secret nature of FISA courts prevents the public from understanding the extent of government surveillance or challenging its constitutionality. Furthermore, the judges who preside over these courts are appointed by the Chief Justice of the United States, rather than being democratically elected, raising concerns about the impartiality and accountability of the system.

Cover-ups and Scandals in FISA Courts

FISA courts have been involved in several controversies and scandals, some of which have demonstrated the potential for abuse of power and cover-ups by the FBI and political class. These cases highlight the dangers of secretive judicial processes and the need for transparency and accountability.

• The NSA Warrantless Wiretapping Program

In 2005, it was revealed that the National Security Agency (NSA) had been conducting warrantless wiretapping of American citizens' communications since 2001. This program was later deemed unconstitutional by a federal judge, but the FISA court continued to authorize similar surveillance activities under the guise of national security. The FISA Amendments Act of 2008, which included provisions granting retroactive immunity to telecommunications companies that had participated in the program, further protected the political class and intelligence community from accountability.

• The 2013 Verizon Data Collection Order

In 2013, a top-secret FISA court order was leaked by Edward Snowden, revealing that the NSA had been collecting metadata on millions of Verizon customers' phone calls. This massive surveillance operation was authorized by the FISA court, which had interpreted Section 215 of the USA PATRIOT Act to allow for the bulk collection of phone records. The exposure of this operation led to widespread criticism and calls for reform, but the FISA court's role in facilitating such abuses of power remained largely unaddressed.

• The Carter Page FISA Warrant

In 2016, the FBI obtained a FISA warrant to surveil Carter Page, a former foreign policy advisor to the Trump campaign, based on allegations of his involvement with Russian officials. The subsequent release of a memo by the House Intelligence Committee in 2018 revealed that the FBI had relied on the controversial Steele dossier, an opposition research document funded by the Democratic National Committee, to obtain the warrant. This case highlighted the potential for the FISA courts to be exploited for political purposes, as well as the dangers of relying on unverified information in the surveillance process.

• The FBI's Use of FISA to Investigate the Trump Campaign

The FBI's investigation into potential links between the Trump campaign and Russia, known as Crossfire Hurricane, also relied heavily on FISA court-authorized surveillance. The Department of Justice's Inspector General released a report in 2019 that identified significant errors and omissions in the FISA warrant applications used to surveil Carter Page. The report's findings raised questions about the FBI's conduct and the FISA court's oversight, further undermining public trust in the system.

The Obama Administration and the NDAA

In 2012, President Barack Obama signed the National Defense Authorization Act (NDAA), which contained provisions that allowed for the indefinite detention of American citizens without trial or due process. These provisions, particularly Sections 1021 and 1022, have been criticized for violating the constitutional rights of U.S. citizens, specifically the right to due process under the Fifth Amendment and the right to a speedy trial under the Sixth Amendment.

The indefinite detention provisions of the NDAA have been widely seen as an expansion of executive power, further eroding the system of checks and balances that is critical to maintaining democratic governance. By signing this legislation, the Obama administration set a dangerous precedent that threatens the civil liberties of all Americans, regardless of political affiliation or beliefs.

The emergence of technocratic totalitarianism in the United States is a cause for concern as it represents a significant threat to the core democratic values and civil liberties that have defined the nation since its founding. The secretive nature of FISA courts and the Obama administration's policies on indefinite detention without trial are just two examples of how the government has been constructing a framework for potential dictatorship. The documented abuses and scandals involving the FISA courts further underscore the need for greater transparency and accountability in the surveillance process.

It is crucial for us to remain vigilant and engaged in the political process, challenging any policies or actions that undermine the Constitution and the democratic principles upon which the United States was built. By doing so, we can help prevent the further erosion of civil liberties and the encroachment of a technocratic dictatorship.