John Whitehead's Commentary

“There are no dangerous thoughts; thinking itself is a dangerous activity.”—Hannah Arendt

The government’s war on homelessness—much like its war on terrorism, its war on drugs, its war on illegal immigration, and its war on COVID-19—is yet another Trojan Horse.

First, President Trump issues an executive order empowering federal agencies to clear out homeless encampments and lock up the homeless in mental institutions using involuntary civil commitment laws intended for dealing with individuals experiencing mental health crises.

Days later, a gunman allegedly suffering from a mental illness opens fire in New York City, killing four before turning the gun on himself.

Coming on the heels of Trump’s executive order aimed at “ending crime and disorder on America’s streets,” the shooting has all the makings of a modern-day Reichstag fire: a tragedy weaponized to justify allowing the government use mental illness as a pretext for locking more people up without due process.

An Orwellian exercise in doublespeak, Trump’s executive order suggests that jailing the homeless, rather than providing them with affordable housing, is the “compassionate” solution to homelessness.

According to USA Today, social workers, medical experts and mental health service providers say the president’s approach “will likely worsen homelessness across the country, particularly because Trump’s order contains no new funding for mental health or drug treatment. Additionally, they say the president appears to misunderstand the fundamental driver of homelessness: People can’t afford housing.”

And then comes the kicker: Trump wants to see more use of civil commitments (forced detentions) for anyone who is perceived as posing a risk “to themselves or the public or are living on the streets and cannot care for themselves in appropriate facilities for appropriate periods of time.”

Translation: the government wants to use homelessness as a pretext for indefinitely locking up anyone who might pose a threat to its chokehold on police state power.

When you consider the ramifications of giving the American police state that kind of authority to preemptively neutralize a potential threat, you’ll understand why some might view these looming mental health round-ups with trepidation.

By directing police to carry out forced detentions of individuals based not on criminal behavior but on perceived mental instability or drug use, the Trump administration is attempting to sidestep fundamental constitutional protections—due process, probable cause, and the presumption of innocence—by substituting medical discretion for legal standards.

Taken to its authoritarian limits, this could allow the government to weaponize the label of mental illness as a means of exiling dissidents who refuse to march in lockstep with its dictates.

Police in cities like New York have already been empowered to forcibly detain individuals for psychiatric evaluations, based on vague, subjective criteria: having “firmly held beliefs not congruent with cultural ideas,” exhibiting “excessive fears,” or refusing “voluntary treatment.”

What happens when these criteria are expanded to encompass anyone who challenges the police state’s narrative?

Once the government is allowed to control the narrative over who is deemed mentally unfit, mental health care could become yet another pretext for pathologizing dissent in order to disarm and silence the government’s critics.

Take heed: this has the potential to become the next phase of the government’s war on thought crimes, cloaked in the guise of public health and safety.

According to the Associated Press, federal agencies have been exploring how to incorporate “identifiable patient data” into their surveillance toolkits, including behavioral health records.

The infrastructure is already in place to profile and detain individuals based on perceived psychological “risks.”

The government is actively exploring how to use data from wearable health devices—including heart rate, stress response, and sleep patterns—to flag individuals for intervention. Now imagine a future in which your Fitbit or Apple Watch triggers a mental health alert, resulting in your forced removal “for your own safety.”

Mass surveillance combined with artificial intelligence-powered programs that can track people by their biometrics and behavior, mental health sensor data (tracked by wearable data and monitored by government agencies such as HARPA), threat assessments, behavioral sensing warnings, precrime initiatives, red flag gun laws, mental health first-aid programs aimed at training gatekeepers to identify who might pose a threat to public safety, and government access to behavioral health records could pave the way for a regime of police state authoritarianism by way of preemptive mental health detentions.

If the police state is equipping itself to monitor, flag, and detain anyone it deems mentally unfit, without criminal charges or trial, this could be the tipping point in the government’s efforts to penalize those engaging in so-called “thought crimes.”

This is not about public safety. It’s about control.

We’ve seen this tactic before. When governments seek to suppress dissent without provoking outrage, they turn to psychiatric labels.

Throughout history, from Cold War-era Soviet gulags to modern pre-crime initiatives, authoritarian regimes have used psychiatric labels to isolate, discredit, and eliminate dissidents.  As historian Anne Applebaum notes, administrative exile, which required no trial and due process, “was an ideal punishment not only for troublemakers as such, but also for political opponents of the regime.”

The word “gulag” refers to a labor or concentration camp where prisoners (oftentimes political prisoners or so-called “enemies of the state,” real or imagined) were imprisoned as punishment for their crimes against the state. Soviet dissidents were often declared mentally ill, institutionalized in prisons disguised as psychiatric hospitals, and subjected to forced medication and psychological torture.

Totalitarian regimes used such tactics to isolate political dissidents from the rest of society, discredit their ideas, and break them physically and mentally.

In addition to declaring political dissidents mentally unsound, government officials in the Cold War-era Soviet Union also made use of an administrative process for dealing with individuals who were considered a bad influence on others or troublemakers. Author George Kennan describes a process in which:

The obnoxious person may not be guilty of any crime . . . but if, in the opinion of the local authorities, his presence in a particular place is “prejudicial to public order” or “incompatible with public tranquility,” he may be arrested without warrant, may be held from two weeks to two years in prison, and may then be removed by force to any other place within the limits of the empire and there be put under police surveillance for a period of from one to ten years.

Warrantless seizures, surveillance, indefinite detention, isolation, exile…sound familiar?

What’s unfolding in America is the modern police state’s version of that same script.

Civil commitment laws are found in all states and employed throughout American history.

Under the doctrines of parens patriae and police power, the government already claims authority to confine those deemed unable to act in their own best interest or who pose a threat to society.

When fused, these doctrines give the state enormous discretion to preemptively lock people up based on speculative future threats, not actual crimes.

This discretion is now expanding at warp speed.

The result is a Nanny State mindset carried out with the militant force of the Police State.

Once dissent is equated with danger—and danger with illness—those who challenge the state become medicalized threats, subject to detention not for what they’ve done, but for what they believe.

We’ve already seen what happens when dissent is pathologized and criminalized, and civil commitment laws are weaponized:

• Russ Tice, an NSA whistleblower, was labeled “mentally unbalanced” after attempting to testify in Congress about the NSA’s warrantless wiretapping program.
• Adrian Schoolcraft, an NYPD officer who exposed police corruption, was forcibly committed to a mental facility in retaliation.
• Brandon Raub, a Marine who posted controversial political views on Facebook, was arrested and detained in a psychiatric ward under Virginia’s mental health laws.

These cases aren’t anomalies—they’re warning signs.

Government programs like Operation Vigilant Eagle, launched in 2009, characterized military veterans as potential domestic terrorists if they showed signs of being “disgruntled or disillusioned.” A 2009 DHS report broadly defined “rightwing extremists” as anyone seen as antigovernment.

The result? A surveillance dragnet aimed at military veterans, political dissidents, gun owners, and constitutionalists.

Now, under the banner of mental health, the same dragnet is being equipped with red flag gun laws, predictive policing, and involuntary detention authority.

In theory, these laws are meant to prevent harm. In practice, they punish thought, not conduct.

Trump’s latest executive order doesn’t just target the homeless—it establishes a precedent for rounding up anyone deemed a threat to the government’s version of law and order.

The same playbook that pathologized opposition to war or police brutality as “Oppositional Defiant Disorder” could now be used to classify political dissent as a psychiatric illness.

This is not hyperbole.

The government’s ability to silence dissent by labeling it as dangerous or diseased is well documented—and now it’s about to be codified into law.

Red flag gun laws, for example, authorize government officials to seize guns from individuals viewed as a danger to themselves or others. The stated intention is to disarm individuals who are potential threats. No mental health diagnosis is required. No criminal charge. Just a hunch. Those most likely to be targeted? The people already on government watch lists: political activists, veterans, gun owners, and anyone labeled an “extremists”— a term that now applies to anyone critical of the government.

While the intention may appear reasonable—disarming people who pose an “immediate danger” to themselves or others—the problem arises when you put the power to determine who is a potential danger in the hands of a police state that equates dissent with extremism.

This is the same police state that uses the words “anti-government,” “extremist” and “terrorist” interchangeably.

The same police state whose agents are weaving a web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports using AI, social media surveillance, behavior sensing software, and citizen snitches to identify potential threats.

The same police state that renews the NDAA year after year—authorizing the indefinite military detention of U.S. citizens.

The same police state that considers you suspicious based on your religion, your bumper stickers, or your political beliefs.

As a New York Times editorial warns, you may be labeled an anti-government extremist (a.k.a. domestic terrorist) if you are afraid that the government is plotting to confiscate your firearms, believe the economy is about to collapse, fear the government will soon declare martial law, or display too many political and/or ideological bumper stickers on your car.

This is the same police state that now wants access to your mental health data, your digital footprint, your biometric records—and the legal authority to detain you for your own good.

And it’s the same police state that, facing rising protests, unrest, and collapsing public trust, is seeking new ways to suppress dissent—not through open force, but under the cover of public health.

This is where thought crimes become real crimes.

We’ve seen this trajectory before.

The war on drugs.

The war on terror.

The war on COVID.

Each began with real concerns. Each ended as a tool of compliance, coercion, and control.

Now, as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, we are entering a new war: the war on anti-government dissidents.

We are fast approaching a future where you can be locked up for the thoughts you think, the beliefs you hold, or the questions you ask.

The government will use any excuse to suppress dissent and control the narrative.

It will start with the homeless.

Then the mentally ill.

Then the so-called extremists.

Then the critics, the contrarians, and the constitutionalists.

Eventually, it will come for anyone who dares to get in the government's way.

This is how tyranny rises. This is how freedom falls.

Unless we resist this creeping mental health gulag, the prison gates will eventually close on us all.

WC: 1977

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

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