The Majority Report with Sam Seder

Episode 3537 – "A Growing Surveillance State or a Third Reconstruction"
Guests: Jessica Burbank (investigative journalist, DropSite News), K. Sabeel Rahman (professor of law, Cornell Law School)
Date: December 3, 2025

Episode Overview

This episode of The Majority Report dives deep into two urgent threads in contemporary American politics:

• The spread of mass surveillance technology at the local level, focusing on the controversial rise of the Flock surveillance camera network, with investigative reporting from Jessica Burbank.
• The argument for a "Third Reconstruction," a period of transformative democratic reform to combat the resurgent authoritarianism and systemic dysfunction under the current Trump administration, as outlined by K. Sabeel Rahman.

Other topics in the opening segment include Republican underperformance in special elections, analysis of the Tennessee 7th race, Democratic momentum, and various current political developments.

Key Segment Breakdown

1. Special Elections and Political Shifts: The Tennessee 7th Race

Timestamps: 07:19–17:57

• Turnout & Margin Analysis

  • Despite a historically strong Republican district (Tennessee 7th) with a typical 22-point margin, the GOP barely held the seat with only a 9-point win.
  • Voter turnout closely mirrored that of the 2022 midterms, undermining the GOP's arguments that special-election results aren't predictive.
  • This shift suggests significant Republican underperformance and a "blue wave" building across diverse regions (Virginia, Georgia, Arizona, Florida, Texas).

• Notable Quotes:

  • “Matt Van Epps...won it by nine. But this is a district that Donald Trump won by 22 points. ... This is a 13 point gain for the Democrats in terms of the margin and excuse time for Republicans is over.” — Harry Emden [11:45]
  • “If you are a Republican anywhere else in America who comes from a district Donald Trump carried by, say 12, maybe even 15 points, you're thinking, yesterday I didn't think I was vulnerable. Next year, maybe I better think about that again.” — CNN Correspondent [08:21]

• Contextual Insight:

  • This trend is outpacing the Democratic swings seen during the lead-up to the 2018 midterms.
  • G. Elliott Morris’s model forecasts this shift could put states like Ohio, Maine, North Carolina, Iowa, and Texas into play for Democrats in Senate and House races.

2. Mass Surveillance by Flock: Jessica Burbank Interview

Timestamps: 26:32–43:47

What is Flock?

• Flock is a $7.5 billion surveillance firm deploying AI-powered license plate readers and live view cameras across 5,000 communities and 49 states.
• Contracts are typically secured at the municipal level, often bypassing public debate and competitive bidding.

How Does Flock Spread?

• Municipal Quiet Adoptions:

  • Local police chiefs bring Flock proposals to city or village boards, often as part of uncontroversial consent agendas without public discussion.
  • Example: Scarsdale, NY—a famously safe, affluent suburb with negligible crime—approving over $1 million for surveillance with little transparency.

• National Network Formation:

  • Municipalities get access to a shared national database, enabling law enforcement to track vehicles across state lines.
  • Private businesses can add street-facing cameras via Flock’s "Thriving Cities Fund," further blurring public/private surveillance boundaries.

• Risks and Real-World Usage:

  • Data can be accessed by federal agencies such as ICE, raising concerns about targeting immigrants and abortion seekers.
  • Burbank recounts a Texas case where law enforcement used the network for abortion-related surveillance—even in states where abortion was legal.

Legal and Policy Issues

• Lack of Oversight & Regulation:

  • Flock often bypasses competitive bidding, using “sole source justification” letters to claim no meaningful competition, despite alternatives like Motorola.
  • Governments rarely provide meaningful oversight or debate, even in affluent, civically literate towns.
  • Patchwork state-level legal actions (e.g., fourth amendment lawsuits, public records requests) have forced some towns to cancel contracts.

• Antitrust and Democratic Accountability:

  • The monopolistic growth model and tight police-tech industry links (revolving door between law enforcement and Flock) raise ethical and legal flags.

• Notable Quotes:

  • “How does a mass surveillance company that's $7 billion in size, with funding from Andreessen Horowitz and Founders Fund, Peter Thiel money—how is it this big with no mainstream coverage?” — Jessica Burbank [29:41]
  • “They're willing to use any avenue to put their cameras up. ... What Flock offers that's unique, I would say, is the national network that you can track people across state lines wherever they happen to go.” — Jessica Burbank [35:10]

3. A Third Reconstruction: K. Sabeel Rahman Interview

Timestamps: 44:26–75:32

What Are Reconstructions?

• First Reconstruction: Post-Civil War reforms (abolishing slavery, 14th and 15th amendments, early federal civil rights efforts).
• Second Reconstruction: Civil Rights era reforms (voting rights, desegregation, institutional expansion).
• Third Reconstruction (proposed): A comprehensive democratic renewal in response to the dual threats of authoritarianism and institutional decay.

Features of the Current Crisis

• Two-Pronged Reactionary Attack:

  • Dismantling civil institutions (SNAP, FEMA, Education Department, civil service).
  • Weaponizing government coercion for illiberal ends (ICE, DOJ targeting, reversal of civil rights oversight).

• Structural Hurdles:

  • Entrenched anti-majoritarianism (Senate, Electoral College, Supreme Court).
  • Decades-long deregulatory and anti-democratic drift (e.g., Reagan-era antitrust downgrades).

Lessons from History

• Legislatures as Engines of Democracy:
  • Major expansions—like the Freedmen’s Bureau, labor rights, and social safety net—were legislated by Congress, not handed down by courts.
  • The Supreme Court has often rolled back democratic advancements (nullifying Reconstruction statutes, legitimizing corporate power, etc.).
  • Durable reforms require major institutional and bottom-up legislative changes.

Building Lasting Reform:

• Material Democracy:

  • True democracy involves not just voting rights, but material equality and security—unions, public agencies, social insurance, antitrust, etc.
  • Creating new or revitalizing existing institutions (NLRB, FTC, CFPB, etc.) is essential for durable democratization.

• Containing Reactionary Power:

  • Active steps to dismantle and constrain authoritarian tools (i.e., abolishing ICE, robust anti-corruption enforcement, taming corporate oligarchies).
  • “Unaccountable power at scale is just hostile to democracy, whether that's the unaccountable power of the oligarch or ... government.” — K. Sabeel Rahman [64:11]

• Leadership and Grassroots Energy:

  • Recent history shows bottom-up mobilization is crucial; big cities and states can model ambitious democratic reforms (universal childcare, campaign finance, ballot initiatives).
  • Political leadership must amplify grassroots demands and be willing to confront big money and entrenched institutions.

• Strategic Optimism:

  • Rahman is optimistic: Presses for broad reform on all fronts—economic, democratic, institutional—just as was necessary in the Progressive Era.

• Notable Quotes:

  • “We are having to create a democracy that hasn't yet been real for many, many Americans.” — K. Sabeel Rahman [54:09]
  • “We need an institutional source of power to advance the moral vision of democracy that we all want to see happen.” — K. Sabeel Rahman [57:24]
  • “We shouldn’t be retreating from our big aspirations for what a good society looks like. We should be doubling and tripling down.” — K. Sabeel Rahman [51:40]

Memorable Moments & Quotes

• Sam jokes, “This could cause some Republican lawmakers to step on Trump's IV... just to get him out of office quicker.” [16:40]
• Burbank recalling the "quiet" route Flock takes: “You would think mass surveillance coming to America would be this thing that Congress has to vote on...not at all.” [28:20]
• Rahman on reconstruction: “Thinking about this moment as a next reconstructive moment...where we actually started to create the kinds of institutions…that actually made us an inclusive and equitable society.” [45:31]

Critical Timestamps

• Tennessee 7th Election Breakdown: 07:19–17:57
• Surveillance State – Jessica Burbank: 26:32–43:47
• Third Reconstruction – K. Sabeel Rahman: 44:26–75:32

Tone and Style Notes

The conversation was informative, energetic, at times irreverent (characteristic of the show's progressive slant), but always rigorous in its analysis. Banter and in-jokes among Sam, Emma, and the guests sustain the rapport, even as the subject matter addresses profound democratic and constitutional threats.

Conclusion

This episode spotlighted the creeping growth of a privatized, barely-regulated surveillance state at the municipal level and tied it to broader themes of democratic crisis and the necessity for bold, bottom-up reform. Both the surveillance story and the call for a Third Reconstruction convey a sense of urgency—and possibility—in the face of growing authoritarianism and entrenched systemic inequality.

For further reading and context:

• Links to Jessica Burbank’s documentary and reporting on Flock
• K. Sabeel Rahman’s Dissent piece: “The Case for a Third Reconstruction”
• Backgrounders on special election trends and the contemporary antitrust debate

(Ads, fun half, and off-topic banter omitted for clarity and focus on the main political content.)