The Other Internal Revenue Service : Traffic Court

After a while on the police department, I realized the fact that traffic enforcement isn't always about traffic safety.  Sure, DUI, road rage, and some other acts on the road need to be prosecuted, but your average traffic ticket violation is useless in increasing safety.  Its utility, and hence it's heavy enforcement, is in the amount of revenue it generates for the jurisdiction that spends it.

I quit looking for violationis and reacted to dangerous driving actions I witnessed, or that were called in.  The rest of my time I went looking for real criminals.  Today is a time when rethinking law enforcement is valuable activity.  Here's a rather hard-line commentary on one day in traffic court witnessed by a renowned economist.  To read it, click  HERE.

                  History is our Teacher.

     Will We Learn and Pass the Great Test?

 The stage is set in America for a paradigm shift.  One that must take place if we are to move back from the precipice that lies all too close in front of our present course.  This must be a great change, not a superficial one.  As my friend Steve Vaus, Grammy award winning musician and songwriter, describes it in one of his great lyrics,

A change of scene, a change of mind,

A change of pace, a change of time,

Change partners, changing the guard,
Won’t mean a thing without a change of heart.

 Change of heart, change of heart, change of heart.

  let it be, oh let it start.

  Lord, bring it now, before we come apart

  We can’t change a thing, without a change of heart.

  Visit Steve's website HERE

 In those early days of the War for Independence, (some, less accurately, call it the Revolutionary War) even before the official commencement of hostilities, Americans recognized, as Franklin said, 

"God governs in the affairs of men".

And as God told the ancient people he personally brought to this, the promised land,

For behold, this is a land which is choice above all other lands; wherefore he that doth possess it shall serve God or shall be swept off; for it is the everlasting decree of God. And it is not until the fullness of iniquity among the children of the land, that they are swept off.  (Ether 2:10)

 The question is, are we now witnessing "the fullness of iniquity", or we only dangerously close?  I present to you the historical account of how those eighteenth century American patriots recognized the danger they faced, and intentionally humbled themselves, publicly acknowledging their sins before God.  They had faced defeat at the hands of tyrannical rulers, and readily turned to the source of their strength for the future. James Warren, President of the Massachusetts Provincial Congress declared,

"It has pleased Almighty GOD in his Providence to suffer the Calamities of an unnatural War to take Place among us...

And as we have Reason to fear, that unless we become a penitent and reformed People, we shall feel still severer Tokens of his Displeasure.... And as the most effectual Way to escape those desolating Judgments, which so evidently hang over us...will be - That we repent and return everyone from his Iniquities, unto him that correcteth us..."

...Let the youth of America... instead of indulging a rapturous admiration for the modern superficial speechifyers in favor of an American monarchy, let them examine the principles of the late glorious revolution...

Does this not ring true as of this very moment?  And what about Warren's plea...

Let the old Patriots come forward, and instead of secretly wrapping up their opinions within their own breasts, let them lift up the voice like a trumpet, and show this people their folly and...impending danger."

 The record of history is clear.  Americans of earlier days took seriously their individual and national responsibility to God. I now offer to you an installment of the "American Minute", by Bill Federer, for  the date of November 28th.  To see the entire installment, click HERE.

And if you want to check out the wonderful repository of American Minute stories, click HERE. 

Our Constitution and Declaration of Independence are both religions documents.  In them, the authors declared their reliance on the "laws of nature and nature's God", and included their religious principles in the "Sunday's excepted" clause in the Constitution's veto clauses.

We must repent, we must change, and we must remember the words of C.S. Lewis, who was born on this day, Nov. 29th, 1898, Said he, 

"All that we call human history - money, poverty, ambition, war, prostitution, classes, empires, slavery - is the long terrible story of man trying to find something other than God which will make him happy."

FRDMWRX  Copyright 2014 by Rick Dalton.  All rights reserved.
 

Is Obama's immigration amnesty action Constitutional?

 I Can Handle the Truth

Just How Bad Is It?

By Rick Dalton

I consider myself an optimist.  An optimist and a realist.  So this post will begin a series that will focus on specific issues which underscore the distance we have strayed from the principles outlined in our Declaration of Independence and Constitution.  The result is the imbalance, dysfunction and danger Americans find themselves facing, both at home and abroad.

The issue of illegal immigration and its constitutional and national security implications will be our topic today.  The "humanitarian" side of illegal immigration is all over the media and Obama is using is to garner support for his lawless antics in granting amnesty to millions.  "We don't want to separate families" by deporting lawbreakers, according to our laws.  But in any political or government debate, just like in baseball or golf, if there are problems, we must return to fundamentals to solve them.  Article 2, Section 1 of the Arizona Constitution declares,

 A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.

So let us remember one of the bedrock principles of our government.  That principle is that the people delegated specific and limited powers to our elected leaders.  With this in mind, let us check the Constitution to see just what powers were delegated to the president.  As we do this, let us try to ignore the political, emotional or other considerations that may be attached to Obama's executive action, and focus on the supreme law of the land - The Constitution -  and the immigration laws passed by the Congress and duly signed by the executive, which Obama wants to change as if he were a monarch.  Article 2, the executive article, is reproduced here in its pertinent parts.

Section 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representatives from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--''I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.''
  Section 2.
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
  Section 3.
He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
  Section 4.
The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
- See more at: http://constitution.findlaw.com/article2.html#sthash.lAk28VRT.dpuf

Section 1.  Omitted for space, because it is not germane.
Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. (Underlining mine)

I include the entire pertinent  text so readers can  refer above when referencing the Constitution, and avoid having to go to another page.

So these are the powers of the president.  Nowhere is immigration or naturalization mentioned.  It's pretty simple.  Another bedrock principle is the doctrine of enumerated powers.  The powers delegated to the federal government are enumerated, or listed.When you get to the end of the list, there aren't any more.  Period.  So where did the Founders place the responsibility and authority to direct immigration?  For that we need to go to Article 1, Section 8, Clause 4.  Article 1 is the legislative article, and section 8 contains the enumerated, or listed powers of the congress.  Among about 19 others, it says that congress shall have the power to,

To establish an uniform Rule of Naturalization,...

It's that clear and that simple.  Referring to text of Article 2 above, the president, with regard to naturalization, or the process of becoming a LEGAL immigrant, is commanded, by the use of the word SHALL, he shall take Care that the Laws be faithfully executed,...

This is part of the separation of powers doctrine.  Some powers are given exclusively to one branch, to the exclusion of the other two.  And when one branch out-steps its bounds, the other branches are given checks and balances to get back on track.  This issue is a present day test of these principles and the use of checks and balances.  A confrontation is looming over illegal immigration.  The president is attempting to write law, in the form of amending it, or changing it's application, and this violates Article 1, Section 1, Clause 1.  "ALL legislative power" is vested in the congress.

Here's the delegation of authority for the issue of immigration. Article 1, Section 8, Clause 4: "Congress shall have power ....To establish an uniform Rule of Naturalization..." It's the sole responsibility of the congress. POTUS is ordered to "faithfully" execute those laws. There's not a shred of authority for him to alter in any way the laws passed by Congress.

Many see this confrontation as a watershed development in America.  For a detailed treatment of the issue of illegal immigration, and who passes laws,  by the National Center for Constitutional Studies, click HERE.

As of this writing, 22 November 2014, a huge group of America's sheriffs and other peace officers and elected officials will rally at the nation's capitol on Dec. 10th on the issue of illegal immigration.  Here's the announcement from the website of the Constitutional Sheriffr's and Peace Officers Association, cspoa.org:

"CSPOA will have a presence in Washington DC on December 10th along with other sheriffs and peace officers. The event will take place at the capitol and organizers say they will demand that congressional action be taken to secure the border with Mexico. Sheriff Thomas M. Hodgson of Bristol County Massachusetts sent a letter to organize a meeting of sheriffs in Washington, D.C., on December 10, two days before the existing government-funding bill expires, to meet with congressmen and encourage them to take action to secure the border.
“Never before in our nation’s history has it been so important for the American sheriffs to stand united and speak with one voice to secure our nation’s borders,” Hodgson wrote. “Senator Jeff Sessions, Senator David Vitter and other members of Congress have agreed to join us at the Capitol to demand immediate action to secure our borders as the first step in achieving legitimate immigration reform in the future. Several sheriffs have agreed to work in a spirit of cooperation to assist in recruiting at least 200 sheriffs to travel to Washington, D.C. for this historic meeting and press conference with members of Congress.”
CSPOA President Sheriff Richard Mack (Ret.) said “It’s about time we took a stand on behalf of the citizens who elected us and who all peace officers are sworn to serve and protect. The costs of incarceration, education, and medication of illegals is growing daily, and the murders, robberies and other crimes committed by illegals are a travesty that we cannot endure any longer.” Mack also warned, “The criminals and terrorists from many countries, including state sponsors of terror and even China, who come across our southern border continue to reduce the security of our way of life. It’s time for action, once and for all.”

FRDMWRX

Copyright 2014 by Rick Dalton  All rights reserved.

Constitutional Sheriffs and Peace Officers Association (CSPOA) Hits Wasington CD

Sheriffs, Peace Officers and Elected Officials Take a Stand

by Rick Dalton

Constitution Day, 17 September 2014 was the time, and the National Press Club in Washington DC was the target for a press conference conducted by the Constitutional Sheriffs and Peace Officers Association (CSPOA).  As Vice President and Legislative Liaison, this writer had a ringside seat.

On Tuesday evening, the 16th, the group gathered in the hotel and screened the iconic - and prophetic - movie, Mr. Smith Goes to Washington.  This film, starring Jimmy Stewart, illustrates the difficulty of standing up for foundational principles once they have been ignored and abandoned by most of the elected officials in Washington.

One of my favorite lines was delivered by Stewart during his filibuster on the floor of the US Senate.  After he has just read the entire text of the Declaration of Independence, he says to this august body,
 

"Now, you're not gonna have a country that can make these kind of rules work, if you haven't got men that have learned to tell human rights from a punch in the nose."

 It was with this courageous example of a true statesman in mind that the invited guests, from across the US,  walked through the mahogany-lined halls of the National Press Club in Washington DC to the Edward R. Murrow meeting room for breakfast and three hours of  stirring speeches and Constitutional training.

Interposition

Speakers included:

• Congressman Steve Stockman of Texas, on immigration
• Larry Pratt, President of Gun Owners of America (GOA), on the Second Amendment
• Benn Swann, investigative reporter, on the New Media
• Stewart Rhodes, President of Oathkeepers, on overkill by law enforcement in Ferguson, Mo.
• KrisAnne Hall, Attorney and author, on our CSPOA Resolution and her new book, Sovereign Duty.  You can read the resolution  HERE.
• Michael Peroutka, Institute of the Constitution, on checks and balances
• Sheriff Dave A. Clarke Jr., Milwaukee County, Wisconsin, on defending his citizens' rights, including the Right to Keep and Bear Arms, against moneyed anti-gun interests.
• Sheriff Richard Mack (Ret.), founder of CSPOA, on local solutions to our problems, not in Washington DC, and his new book, Are You a David?

To Petition the Government for Redress of Grievances

After the morning press conference we spread out and hit the halls of Congress to deliver the Resolution to all 535 members of congress.  The task of walking those marble halls was hard on the feet and legs, but it was a great experience, as we stopped in each office and delivered our resolution. We know that if tyranny comes to your door, it will probably be wearing a uniform, and we want the uniforms to be worn by Constitutional Guards who will not violate their oaths.
  We  asked each senator and representative to join us and sign it, or explain why he or she would not.  CSPOA will have a report on the results of those discussions on their website.HERE.

If you want to do more than sit and yell at the TV, I invite you to join CSPOA.  All American citizens who wish to really make a difference, should go to the website and join. Together we can take America Back, one Sheriff, one County at a time.

FRDMWRX.

Copyright 2014 Rick Dalton, all rights reserved.

Scientific research on mass shootings.

                                                      By, Rick Dalton Mesa AZ PD, (ret.)

Yet another mass shooting (and stabbing)

The Santa Barbra killings recently have predictably reinvigorated the anti-gun nuts.  I somehow missed the companion call for the registration and/or banning of knives, since half of the number killed were stabbed to death.  I have just formed a group called People United.Knives Eradicated. (PUKE).  Follow us at www.puke.org.  Are you with me?  Good.  Now, we can finally look to scientific research about the causes of these insane events.  Below is a chart documenting the causes of mass shootings.

Well, I guess that about clears it up.  Have a nice day.

FRDMWRX

A Great Warrior is Layed to Rest: The Phoenix PD Years, cont. (part 3 of 4)

 

                                                               by Rick Dalton

Jack surely suffered for his stand, but God never lets us fight a righteous battle alone.  In addition to His tender mercies, He brings into our lives people to share the burden.  Here, in a letter written about 1995, and published in Aid and Abet, is Jack's account of the arrival of reinforcements.

---

"In 1979, when I was just beginning to strike the first feeble blow "for liberty" inside the Phoenix Police Department, it was as if I were completely alone. It was lonely indeed to be the first to speak out and ask for fellow officers to stand up and say NO to the Officer's CODE OF SILENCE, to unethical, unlawful and unconstitutional orders or activities on the part of our brethren and/or government.
In those hard first years of severe pressure and persecution from my own department and from state and federal police agencies, God gave me many blessings. Specifically, He brought to my side "angels" from the private sector in the form of Theresa & Bob Huebner. Soon after, another "angel", the first and very brave police officer from Mesa, Arizona, named Rick Dalton. Even while watching the persecution I was undergoing for my stand, this dear brother, jumped right into the "fire" with me. These few great Americans helped me take to other officers and soldiers a strange and seemingly new (but actually very old) idea, one that had long since been forgotten by many: namely, that police officers and soldiers should know, understand and live strictly by their sworn oath. That oath outlined our duty and responsibility, not to the "majority", not to "the system", but to every one of the SOVEREIGN American people: to protect and defend the People and the Constitution, EVEN, if necessary, from an out-of-bounds governmental system." (Vol. 2, Number 10)

The Huebners were indeed a godsend. They have remained loyal all these years.  "Mother Theresa", as we called her, would be our logistical commander and travel scheduler as we moved around the nation at Preparedness Expos, gun shows and Patriot gatherings spreading the gospel of liberty.

Another strong and loyal lover of freedom soon came to Jack's side in the form of Carol Asher, whose total and selfless dedication continues to this day.  Carol handled correspondence, the production of Aid and Abet, and a million other details of our operation. (And as far as I am concerned,  Jack is the one who helped me by preparing me for the hardships I would face as I began do march to the beat of a different drummer at Mesa PD.  His courage and stellar example served as my game plan.)  It was a wonderful, dedicated team that God helped to put together.

Now back to the story of the attempt to silence Jack at Phoenix PD:

Back in patrol after winning his reinstatement, Jack solved several burglaries and arsons,  but he had been injured on the job, over a year before this, and he re-injured his shoulder several more times.  After going back and forth between patrol and "light duty" several times, all under the care of physicians contracted by the City of Phoenix, the powdered wigs decided that his injury was permanent and disabling.  The reality was that they never left him on light duty long enough for the injury to heal before sending him back to patrol in a violent area of south Phoenix called "the deuce". 

Fired Again

But, even though policy dictated that they should give him a medical retirement,  as they had done with many other injured officers, they didn't.  Not Jack McLamb.  They fired him.  Jack promptly appealed.  By this time they should have known better. But Chief Ortega who must shoulder the blame for this disgrace, blew it again.  Probably realizing the mess the city was in, Assistant City Attorney Allen Max called Jack's lawyer and offered to give him long-term disability in return for his promise to drop the appeal.  I called Max, but he refused comment, citing "pending litigation".

I attended the second appeal hearing.  Dr. Frank Stagg, who is contracted by the City of Phoenix to handle occupational medical matters, testified that in his opinion Jack's shoulder injury was injury was permanent.  But when cross-examined by Jack's counsel, Mike Napier, Stagg admitted that he hadn't examined Jack for nearly two years.  He further admitted that the injury would heal if given time - time that the department refused to allow.

Well, you guessed it.  The appeals board again gave Jack his job back.  Full. Back. Pay.  And they ordered Ortega to put him on light duty long enough for the injury to heal.  Yes, folks, it was deja vu all over again. And finally, that should have been the end of the story, but, Jack kept publishing that naughty newsletter.  So they ignored the order of the board and put Jack McLamb, the most decorated - and the most fired - officer in the department - on general leave - without pay.  They tried to starve him out. 

"Get up. Stand up. Stand up for Your Rights."(Bob Marley)

By this time, Jack had had enough, and filed suit against the City and the Department for wrongful termination and First Amendment violations.  After a protracted legal battle, during which time Jack had no income, the Department realized the handwriting was on the wall, and to avoid a big settlement along with bad publicity from a loss in court, they took advantage of Jack's weakened financial position and offered him the medical retirement he deserved - and had already earned - if he would drop his suit. 

                                                  Jack, son Augie, and Jack's wife, Angie
As we discussed the pros and cons, Jack looked sad.  Not because he was being forced to drop his lawsuit, but he was now going to be outside law enforcement, outside this grand vehicle to serve the people, to which he had dedicated his life.  He had indeed, recited these words, from the  original Law Enforcement Code of Ethics, which was an oath by itself:

As a law enforcement officer, my fundamental duty is to serve humankind; to safeguard lives and property; to protect all persons against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitution rights of all people to liberty, equality and justice.

 

I WILL keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others.� Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department.� Whatever I see or hear of a confidential nature or that is confided to me in my official capacity, will be kept ever secret unless revelation is necessary in the performance of my duty.

 

I WILL never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions.� Without compromise and with relentlessness, I will uphold the laws affecting the duties of my profession courteously and appropriately with fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

 

I RECOGNIZE my position as a symbol of public faith, and I accept it, as a public trust to be held so long as I am true to the ethics of the law enforcement profession.� I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession.

This oath is seldom used today, along with the words "To Protect and Serve", as the mission, purpose, and training of peace officers has been perverted.  But it lives on in the hearts of some still today, who like Jack McLamb, hold true to eternal principles, and live their lives, both professional and private, as an example to all. They are out there, and though their numbers may be few, the memory and the legacy of Jack McLamb call out to you, America's citizens, to find, encourage and educate them, even in the face of the onslaught of statism.  If the enforcers won't enforce tyranny, maybe it won't be enforced.

In part 4, the final post, I will attempt to cover the mountain of good Jack has done during his life.  A daunting task indeed.

FRDMWRX

A GREAT WARIOR IS LAYED TO REST: The Phoenix PD Years (part 2 of 4)

                                                                   By A. Rick Dalton

Jack's Phoenix PD Career

After this big gator jumped nearly out of the bathtub toward me, and after Jack had calmed me down, he began to tell me about his love for kids.  And this led to the story of his beginnings on the Phoenix, AZ., Police Department.  The alligator had been part of his equipment used in school in south Phoenix, where he went into classrooms as "Officer Friendly".  Back in about 1978, when the program started, Alley Oop, as Jack called him, was small enough to fit in a briefcase.

The following story is adapted  from an article in the Mesa Tribune which I wrote sometime in about 1984.

Gerald J. "Jack" McLamb joined the Phoenix Police Department in 1976 to help people.  He was awarded the "officer of the year" award twice in his first few years on the department.  He was a good cop, and he was even better at communicating to his community.  His pioneering in the area of police-juvenile relations resulted in the nation-wide Officer Friendly Program, sponsored by the Sears, Roebuck Foundation  things looked good for Jack.

Then something happened.  Jack decided to take his community involvement a step further and  express his religious, moral and political beliefs on his own time.  Off duty.  It might not have gone so badly for him if his opinions were more to the liking of  Phoenix Police Chief Reuben Ortega or some of the other brass on the department.  But Jack McLamb made up his own mind about problems he saw in America and in law enforcement.  For example, he publicly stated that he thought the DWI roadblocks by the Arizona DPS in the Kingman area in 1982 were violating citizens' rights.

The American Citizen and Lawmen Association (ACLA), which he founded, filed a legal brief denouncing them because they violated the Fourth Amendment.  Later, the Arizona Supreme Court, in a unanimous decision, ruled them to be unconstitutional.  This didn't sit well with his superiors.

 Then ACLA began conducting firearms training classes to teach people proper and safe handling of the guns they legally owned, including instruction on self protection.  Too many police officers feel citizens should not have guns, that they should leave the dangerous stuff to the cops.  McLamb's response was, "Can you guarantee that there will be a police officer sitting at the curb whenever a rapist, burglar, or any other kind of hoodlum tries to do his thing?  Obviously not.

Next, he took on national issues, and spoke out against the abusive tactics used by the Internal Revenue Service and the BATF, among others.  He warned police officers to be careful when when being "used" by the IRS to do the dirty work of seizing property without giving citizens due process.  These are dangerous situations and some have involved being shot at.  How prophetic.

The Power of the Pen 

The final straw was the creation of Jack's Aid and Abet Police and Military Newsletter, which gained a national following among law enforcement, other public officials and the public.  He was pressured by superiors  to quit writing it as police commanders around the country put pressure on Chief Ortega to shut him up.  Internal Affairs investigators asked him about his religious beliefs, including what church he attended.  They even assigned a supervisor to follow him both on and off duty. Surveillance was on of Jack's fortes. So it was kind of funny, when Jack would make a quick 180go the other way toward his "shadow", and wave at the poor stooge as he went past

 

Still, he kept publishing.  And citizens all over the country were passing out his pamphlet A Lawman Speaks for Liberty and issues of Aid and Abet to police officers on the streets, at the police academies, and in court.  Lawmen and women were joining ACLA rapidly. No doubt, Chief Ortega was getting a lot of grief from police commanders nationwide, telling him he should get this renegade cop under control.

Finally Jack was called in and ordered by Assistant Chief Bennie Click to turn over the mailing list and financial records of Aid and Abet.  He refused, citing his Constitutional rights to freedom of speech and expression.  Click fired him on the spot.  Click told a reporter, "We're not saying he can't write those things, we're saying he can't do that and be a police officer."  Click lost my respect when he failed to practice what he had preached to my academy class about integrity and doing the right thing. (Though I worked for Mesa PD, I attended the Phoenix Regional Police Academy, and there were recruits from six different agencies in my class.)

Fortunately the appeals process allowed Jack's case to be heard by a civilian board that was not controlled by the police department.  When they heard the facts, the board gave him his job back with full back pay.  The decision was unanimous.

They also delivered a scathing rebuke to  Chief Ortega and Click.  "I might not agree with he has to say", said Michael Sophy, a member of the board, "but he has every right in the world to say it.  You don't discipline people for what they believe." 

 This should have been the end of the story, but the HDIC (Head Dude in Charge) couldn't leave it alone.  Jack McLamb had made them look like the sorry egotists they were.  So they put him back to work, as they had been ordered, but they took away his intelligence position, and sent him back to an undesirable patrol position. He promptly was awarded the  officer of the month award, further humiliating them.  As the photo above shows, there are some things even a bullet-proof vest won't stop.

But that didn't even slow Jack down in his mission to reach police, military and other public servants with the message that their oath was a sacred trust, and that freedom slips away when the enforcers aren't vigilant in protecting rights.  Jack was the original oathkeeper. 

FRDMWRX 

[To be continued]