When Everything Becomes a National Security Threat

“National security” has become the government’s all-purpose permission slip to behave badly.

They have become the magic words that can make constitutional restraints disappear — especially when the courts defer to claims of national security.

Call something a matter of national security and the normal rules start disappearing: Courts defer. Congress retreats. Secrecy expands. Executive power grows.

That game is hardly new.

Nixon played it. Bush played it. Obama played it. Biden played it.

Trump may not have invented the national-security dodge, but he has taken it to increasingly absurd extremes.

Under Trump 2.0, almost everything gets branded a matter of national security in order for the president to sidestep as many parts of the Constitution as he finds inconvenient.

At one point, the government even invoked national security to justify proposed tariffs on trumpets, trombones and tubas because the instruments depend on foreign copper alloys.

This would almost be laughable if the consequences were not so serious.

Trump wants greater control over the U.S economy? Declare a national emergency and seize the power to levy tariffs in the name of national security.

Trump is disgruntled over relations with Canada? Declare a national security threat and claim executive authority to levy tariffs without going through Congress.

Trump wants to build a lavish ballroom? Stick a bunker below it and a droneport on top, and call it national security.

Trump wants to erect a massive ceremonial arch? Turn it into a military installation, complete with drones, snipers and ammunition, and chalk it up to national security.

Trump doesn’t like unfavorable press coverage? Ban reporters from the White House and characterize the press as a national-security threat.

National security has become Donald Trump’s fail-safe strategy for defying the Constitution.

As Sophie Hurwitz writes for Mother Jones, “Trump is using agencies and emergency powers that sprung up in the aftermath of the 2001 attacks — and have never been abolished or repealed — to threaten domestic dissidents and anyone else he views as an enemy, claiming that those who oppose his policies constitute threats to America.”

For decades, Congress has helped build this monster, repeatedly surrendering extraordinary powers to the Executive Branch whenever presidents invoke war, terrorism, emergency or national security.

Which brings us to the far greater danger: a government that can declare anything a national-security concern can eventually declare anyone a national-security threat.

Because the question is no longer merely what constitutes a threat. It is who gets to decide who is one. Who decides who is an enemy? Who decides who is dangerous? Who decides when the normal rules no longer apply?

The government does not have to call you a criminal if it can call you a threat. And once you are classified as a threat, the government does not necessarily have to wait for you to commit a crime before it begins treating you like one.

That is the danger when “national security” becomes the exception that allows the government to bypass the rule of law.

The fact that the government does not have to build that machinery from scratch — it already has it — makes our current state of affairs that much worse.

Long before “national security” became the justification for presidential ballrooms, triumphal arches and retaliation against unfriendly journalists, the government had already spent decades constructing a machinery for identifying, monitoring and neutralizing people it deemed potential threats.

Connect the dots.

Start with the Patriot Act and the surveillance powers unleashed after 9/11.

Add the government’s ever-expanding definitions of “extremism” and “domestic terrorism.” Add the NDAA and the normalization of military detention authority in the name of national security. Add the NSA, fusion centers, and government watchlists.

Then layer on facial recognition, artificial intelligence, biometric surveillance, automated license plate readers and predictive-policing technologies capable of identifying and tracking people at a scale unimaginable a generation ago.

What emerges is not merely a government capable of investigating crimes after they happen. It is a government increasingly capable of identifying people as potential threats before they have committed one.

That is the essence of precrime.

It substitutes prediction for proof, suspicion for guilt and risk assessment for due process.

And we have already seen where that mindset leads.

In the years after 9/11, the government loosened investigative safeguards so that national-security investigations did not always have to begin with evidence that a crime had actually been committed.

The focus increasingly shifted from investigating wrongdoing to identifying people and communities thought to present a potential risk.

That is how a free society becomes a suspect society.

And once government is permitted to investigate people not because of what they have done but because of who they are, what they believe, whom they associate with or what officials fear they might someday do, the distinction between protecting national security and policing dissent becomes dangerously thin.

Government agencies already possess the technology and legal authorities to identify, label, track and target individuals viewed as potential threats. With every passing day, the technology becomes more powerful, the surveillance more pervasive, and the language of national security even more elastic.

That should concern us far more than any single ballroom, tariff, monument or press dispute.

Because once the government has both the power to define the threat and the machinery to act against it, the most important question is no longer what constitutes a threat.

It is who gets to decide.

This is where Americans make a dangerous mistake when they treat abuses of presidential power as partisan questions.

If you approve of the president, you may not care how broadly he defines national security. If you trust his judgment, you may not object when he stretches emergency powers, sidesteps Congress, attacks the press or argues that the courts should defer to him.

But presidential power does not disappear when your preferred president leaves office. It passes intact to the next one.

Trump will not be president forever. The powers he is expanding will outlast him.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, that is the danger.

A government that can declare anything a national-security concern can eventually declare anyone a national-security threat. And once “national security” becomes the magic phrase that makes constitutional restraints disappear, all of us are potential threats.

About John & Nisha Whitehead:

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His latest books The Erik Blair Diaries and Battlefield America: The War on the American People are available at www.amazon.com. Whitehead can be contacted at [email protected]. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.