Latest / International Flavor: Where the Truth Tastes Better / Valentine’s Day Launch of Civic Outlaws: Chevron Falls, Missouri Fights Back, and Bureaucrat Overreach Gets Named
Transcript
- 0:00Hello.
- 0:00Good morning.
- 0:01Welcome.
- 0:02I am Samuel Trapp.
- 0:03This is Civic Outlaws.
- 0:06If you were expecting here, this is, this
- 0:08is international flavor.
- 0:10You are mistaken.
- 0:12Of course, I'm going to keep them on
- 0:13the same platform for now.
- 0:15Uh, certainly it's always going to be on
- 0:17damn radio, but I'm going to record them
- 0:19and keep them just for, uh, uh, entertainment
- 0:22purposes and keeping them for later publication on
- 0:26international flavor for now.
- 0:27And, uh, there's a reason for that.
- 0:29Um, I don't want to pay for another,
- 0:32uh, um, anything like paying for extra stuff.
- 0:38So I'm not going to right now.
- 0:40Um, anyway, I am Samuel Trapp, whereas we
- 0:43started a new organization.
- 0:44It's called the Civic Outlaws.
- 0:46It's been in effect a little more than,
- 0:49uh, uh, well, since the beginning of the
- 0:50year, probably around always, we, we got our
- 0:53five Oh one C three authorizations in November
- 0:56sometime, but we really didn't really start activities
- 1:00until, um, January 1st.
- 1:05And we had came out swinging and that's
- 1:08for sure.
- 1:09And we've got some interesting and cool and,
- 1:13uh, informative information on our website where you
- 1:19can go out and check out our current,
- 1:20um, current activities.
- 1:22Our current action tracker is out there.
- 1:26Uh, there's a whistleblowers portion.
- 1:28Should you like to put it out there?
- 1:30Now, those of you who've listened to me,
- 1:33Samuel Trapp for a while, know that I
- 1:36have a history, know that I, uh, uh,
- 1:39have been very vocal about corruption, about government
- 1:44overreach, about, um, um, bureaucrats taking over the
- 1:48world.
- 1:49You know, they're like pinky in the brain.
- 1:52Um, and but only I'm pinky in there,
- 1:54the brain, I say, what are we going
- 1:56to do today?
- 1:58Bureaucrat and they go same thing we do
- 2:00every day.
- 2:01Sam key plan to take over the world.
- 2:05And that's what a bureaucrat does.
- 2:07That's, that's what they do.
- 2:08Whether it's the globalist wanker, whether it's the
- 2:12Missouri bar wanker, or whether it is any
- 2:15number of other bureaucrat who loves his position,
- 2:22let's call it that.
- 2:24And they engage in what they call public
- 2:27overreach or overreach.
- 2:29Now, because I've made a mistake, uh, and
- 2:31I'm one that tends to admit my mistakes
- 2:34when I'm a bad person.
- 2:36Some of you, if you are listening to
- 2:38damn radio this morning, I've gone, wait a
- 2:41second.
- 2:41This, this guy did this show yesterday.
- 2:44Well, I did, but I cocked up the
- 2:48recording and it didn't happen appropriately.
- 2:51And so guess what?
- 2:52We're doing it again.
- 2:53And so, uh, if you'd like to call
- 2:55in, please do 573-746-8020, but I'd
- 2:59never announced it to anyone.
- 3:00All I'm trying to do is retake, uh,
- 3:02the, uh, information missed for us so I
- 3:06can store it and record it.
- 3:08And, uh, I'm the, the big part of
- 3:11that is going to be the introduction of
- 3:15an article I wrote.
- 3:19And I wrote this article.
- 3:22It is out on my LinkedIn page and
- 3:25I will, you know, you got to LinkedIn
- 3:28Samuel trap and find me and you will
- 3:31find it.
- 3:32And you will see that I am a
- 3:34founding member of, uh, what do you call
- 3:38it?
- 3:38Civic Outlaws.
- 3:40And if you click on the Civic Outlaws
- 3:43logo or the post, it'll take you to
- 3:46this article and you can read it at
- 3:48your own, at your own leisure.
- 3:51And, uh, if you feel like that, that
- 3:53would be great.
- 3:53And, um, and, and there you have it.
- 3:56I, but I want to share this article
- 3:59and a bit of analysis on this problem
- 4:01because this is a true bureaucrat problem.
- 4:04Those of you who know me also know
- 4:06that I'm, I was pretty vocal during the,
- 4:09uh, the Ike Skelton debacle about the overreach
- 4:12of the prosecutor, about the BS of these
- 4:15cameras in the first place about the flock.
- 4:18And you know what?
- 4:19I haven't checked that in a while.
- 4:21I should look at the flock case going
- 4:25on in Richmond, Virginia, because their flock was
- 4:31not allowed to participate and their, uh, their
- 4:35lawyers tried to intervene twice and, and, uh,
- 4:39they, they wanted to file a friend of
- 4:41the court brief, whether that'd be amicus or
- 4:43whether it was they get to, uh, they
- 4:46get to enter in as a party, although
- 4:48they're not sued.
- 4:49They want to be the friend of the
- 4:51court.
- 4:51This is what powerful money, money people do.
- 4:56Heck, uh, Civic Outlaws plans to be the
- 4:59friend of the court in, in many things.
- 5:01Um, you know, we, we are working together
- 5:04with, uh, modern law ecosystem, which I'm also
- 5:08a founder of and you can go out
- 5:10to modern law ecosystem.com.
- 5:13That website is under development right now, and
- 5:16that's going to be nationwide, worldwide.
- 5:20In fact, and enormous.
- 5:21I am thinking extremely large here.
- 5:24The practice of law is changing and I'm
- 5:27going to give you a, a critical thought
- 5:33process about that.
- 5:34Probably here on our Civic Outlaws channel before
- 5:39too long.
- 5:41Um, this is going to be a weekly
- 5:42for now program.
- 5:44I think weekly might be a little too
- 5:46much.
- 5:48I don't know.
- 5:50I'm still thinking about it.
- 5:51I do my international flavor radio show Monday
- 5:54through Thursday from seven 30 until nine.
- 5:57And on Friday we're tacking into there, uh,
- 6:00on damn radio.com forward slash live.
- 6:03And every program is live.
- 6:05You can phone in at five, seven, three,
- 6:06seven, four, six, eight, zero to zero.
- 6:08Uh, you know, usually in studio, if there's
- 6:11not, that'll be out.
- 6:12I've got a little mini set of equipment
- 6:14and I've got a, uh, uh, an interview,
- 6:17uh, platform and I have press credentials.
- 6:22And I do intend to go to the
- 6:24places and interview people, man on the street
- 6:27type or whatever, or go interview people.
- 6:30They don't need to come to the studio.
- 6:32I'll go to them.
- 6:33You know, I'll go to press conferences and
- 6:34whatnot like I did in Russia.
- 6:37And if you want to go to, uh,
- 6:39my web, my, uh, I tried to clean
- 6:42up my, um, my LinkedIn page to reflect
- 6:48all of that properly.
- 6:50And I linked a couple of my Russian
- 6:52language articles out there too.
- 6:55And I hate to too, uh, blatantly self,
- 6:58uh, promote myself.
- 7:00But a lot of these things I think
- 7:04are very important.
- 7:04Um, international events I think are important.
- 7:07I don't, or I wouldn't be doing international
- 7:09flavor.
- 7:10You know, my, my, my radio program.
- 7:12I think that that the mainstream media gets
- 7:17it wrong far too often.
- 7:19Uh, or they pump a narrative far too
- 7:22often.
- 7:23And, and I'm not, I don't discriminate.
- 7:25I, I, I hate everyone equally.
- 7:28Um, I, I take them all apart and
- 7:32I don't like slanting stuff one way or
- 7:35the other.
- 7:36I'm, I'm more or less conservative, but I
- 7:41also have some pretty strong opinions about what
- 7:43goes on, um, uh, internationally and the mistakes
- 7:48that our country has made in a long,
- 7:50long time.
- 7:51I'm a, I'm a Patriot in America and
- 7:53I always have been, I was a diplomatic
- 7:56interpreter for this, for, uh, it was subordinate
- 8:00to the state department, but it was an
- 8:02agency called the onsite inspection agency, which is
- 8:05now the nuclear threat reduction agency.
- 8:06I believe they have, they change acronyms, like
- 8:10other people change their underwear in Washington DC
- 8:13and whatever, whoever's in charge this month, uh,
- 8:16change it to whatever some bureaucrat will change
- 8:19everything around.
- 8:20And I have very little trust in any
- 8:22of it anymore.
- 8:23And so that is unfortunate, but true.
- 8:25If you grew up in the nineties, if
- 8:28you grew up there in the Clinton Bush,
- 8:31Cheney, uh, Obama and, and even Trump.
- 8:36Okay.
- 8:36Uh, there's, so I don't, I don't discriminate.
- 8:40I don't like things being twisted against the
- 8:44citizenry.
- 8:45Okay.
- 8:45I want, I want government to act on
- 8:49my behalf or on our behalf, not just
- 8:53me, but I consider myself the average white
- 8:56guy.
- 8:57You know, I want them to look out
- 9:00for not just white guys, not just average
- 9:02white guys, but average Brown people too.
- 9:04And, uh, I, I, I fight that stuff
- 9:07and always have, okay.
- 9:09I fight overreach and anybody who knows me
- 9:12knows I have, whether it's from being a
- 9:15Sergeant in the army and they called me
- 9:16Sergeant question mark, whether it's, uh, uh, wondering
- 9:19why we were doing idiotic things at an
- 9:22area 51 and on the Nevada nuclear test
- 9:25site.
- 9:26It was, you know, I've, I've, I've always
- 9:29been, uh, I don't know, uh, a non
- 9:33-believer, you know, in the, in the typical
- 9:35line.
- 9:36And so it's not, it's not something that
- 9:38was, it was developed.
- 9:39It's a natural thing for me.
- 9:41I just don't believe because you tell me
- 9:44something that it's accurate.
- 9:46So I like to dig in and find
- 9:48things and go for things.
- 9:49And so that's a little bit about me.
- 9:51Okay.
- 9:51I also have plenty of history.
- 9:53You want to go back and check out
- 9:54all of my other stuff.
- 9:55There's plenty of it in past, uh, uh,
- 9:57episodes of international flavor.com because they've been
- 10:01doing it.
- 10:02Jeez, we gotta be running on two years,
- 10:04uh, especially in the, uh, it was, in
- 10:07fact, it was February of, uh, geez, I
- 10:11think it was, is it three years?
- 10:13Holy crap.
- 10:14I could be getting old, but well, I
- 10:16am old, but anyway, I've been publicly voicing
- 10:21my opinions on Ukraine since the day it
- 10:24started.
- 10:24So that's four years.
- 10:26And I, after Tucker Carlson did his interview,
- 10:30I did a critique of that in Russian
- 10:32and put it on the, uh, uh, YouTube.
- 10:34And I have still got, I don't know,
- 10:3715,000 followers in my Russian channel.
- 10:40And so, uh, you know, I, I tend
- 10:43to dig a little bit and, and I
- 10:45hope that this helps other people when I
- 10:48do it.
- 10:48This article is a, is a bit of
- 10:51a long read.
- 10:52It's written in the style of a legal
- 10:55brief without all the lawyerly crap.
- 10:59Okay.
- 11:00And so I'm, I'm more of a section
- 11:02person.
- 11:03So each part will have the headline of
- 11:05the story.
- 11:06The story is called liquor license dispute leads
- 11:10to creation of civic outlaws, a new charity
- 11:14targeting government overreach.
- 11:17That's the title.
- 11:18It's a long title, but that's how a
- 11:20legal brief one is written.
- 11:21You put, you know, whatever your proposition is
- 11:24up on top and then you defend it
- 11:27as you go through the document.
- 11:29Okay.
- 11:29And so they're, they're, uh, subtopic heavy.
- 11:33And so I've got these and you can
- 11:34read the little subtopics and usually if it's
- 11:38decently written, which I'm not claiming that mine
- 11:41is, although I'm a fairly good writer, the,
- 11:44um, the subtopics will give you kind of
- 11:49the narrative, you know, that you would break
- 11:51down for your thesis.
- 11:52And in the narrative you could read just
- 11:55those five or eight, whatever the hell it
- 11:58is, uh, sub sub topics and get an
- 12:01idea of where I'm going.
- 12:02Okay.
- 12:02So as I go through this, I hope
- 12:04not to stop too much because I would
- 12:06like it to be clarity, but the beauty
- 12:09of being on a radio program and today
- 12:12having no time limit because it's just recording
- 12:15for as long as I choose, actually, that's
- 12:17not necessarily true because I'd have to throw
- 12:20up some kind of the block and, but
- 12:21it's, you know, I have about two and
- 12:23a half hours.
- 12:23Should I like to go through this and
- 12:26chat it up with you?
- 12:28So if you happen to be listening and
- 12:31you'd like to call in, please do 573
- 12:33-746-8020.
- 12:35If you'd like to keep it to this
- 12:36topic, that would be fantastic.
- 12:38And, um, but my main goal today is
- 12:41to replace the content I didn't record yesterday.
- 12:45And you know, on the, on the, on
- 12:47the real, uh, anniversary, I cocked it up.
- 12:50Like I said, anyway, uh, I want to
- 12:52get that article to you and there are
- 12:55some other things that I may throw in
- 12:57there as I recall them while I read
- 13:00through this transcript, but the government, the structure
- 13:07of the government, okay.
- 13:08I'm going to give you a bit of
- 13:09a backdrop there and then I won't have
- 13:12to interrupt while I start reading this story.
- 13:15There has always been an everybody took their
- 13:18civics classes in a 10th grade or whatever
- 13:21it was.
- 13:22And everybody took their, uh, uh, administrative law
- 13:27in law school in their second year of
- 13:30law school.
- 13:31And, uh, the administrative law is, uh, gives
- 13:35you the outline of how the administrative state
- 13:39is supposed to work.
- 13:41They go through administrative decisions.
- 13:44They go through the power of the bureaucrat
- 13:47basically.
- 13:47And, uh, if you're a discriminating law school
- 13:52student, you will look at that and go,
- 13:54geez, what a racket.
- 13:57This is a racket.
- 13:59Unelected a-holes running the whole show.
- 14:02And, uh, you know, this is, this is
- 14:04administrative law.
- 14:06They get in there and trust me, they
- 14:08know what they are doing.
- 14:10The career bureaucrat nine times out of 10
- 14:13is a lawyer anyway.
- 14:14And they don't practice.
- 14:16They don't have to, they get to take
- 14:17all the power without doing anything.
- 14:19They just seize power.
- 14:21But unfortunately, a lot of times they don't
- 14:24even have a law degree.
- 14:26And a lot of these people become career.
- 14:28And I'm not discriminating against people who don't
- 14:30have law degrees, but Jesus, don't act like
- 14:33you know what the law is doing.
- 14:34If you aren't, if you don't even have
- 14:35the training and that is the state of
- 14:38our nation, or at least in the last
- 14:40good number of years, what I did want
- 14:42to do because I've never done it is,
- 14:44um, go out and, uh, get for you,
- 14:48which I didn't do, but I'm going to,
- 14:51I was getting the flock camera, uh, Virginia,
- 14:54try to get some kind of a, uh,
- 14:56police department issue or issue of public release
- 15:00on that, which they're trying to defend themselves.
- 15:02And then I wanted to also get what
- 15:06was the Chevron case, case, case, case that
- 15:14was overturned by Loper bright.
- 15:21So Loper bright is a United States Supreme
- 15:24court case.
- 15:26And I wanted to make sure that I
- 15:28was given the proper information on the case
- 15:32that it overturned.
- 15:34Okay.
- 15:34Cause this is important people.
- 15:36And, uh, so, uh, that case was called
- 15:40Chevron USA Incorporated versus natural resources defense council
- 15:48Inc and NRDC.
- 15:51Okay.
- 15:52And, uh, basically that case was tried in
- 15:551983, the year I graduated high school.
- 15:59Okay.
- 16:00And that, mhm.
- 16:06I'm also, uh, what do you call it?
- 16:09Uh, frequently taking sips of coffee whilst in
- 16:12the studio.
- 16:13And that could be distracting.
- 16:14I apologize for it in an advance or
- 16:17in advance.
- 16:18I can't even speak, but, uh, Chevron USA,
- 16:20Inc.
- 16:20Vince NRN RDC, the, uh, the link for
- 16:25that, not link, but the, uh, uh, us
- 16:28Supreme court reference for that is 40 set
- 16:30for 67 us eight 37 decided to 1984.
- 16:35And basically the primary holding the, like the
- 16:38law created by that Supreme court case, if
- 16:42you will.
- 16:42And, uh, you know, always they're repeating other
- 16:45people's facts.
- 16:47Okay.
- 16:47This one said a government agency must conform
- 16:51to clear legislative statements when interpreting and applying
- 16:56law.
- 16:58But here's the, but this is the important
- 17:00part.
- 17:01Courts will give the agency deference in ambiguous
- 17:07situation as long as the interpretation is reasonable.
- 17:11Now think about how ludicrous that decision was
- 17:14in the first place.
- 17:15Okay.
- 17:16So, Hey, bureaucrat, since you're such a professional
- 17:20and you're a professional bureaucrat, uh, gee, you
- 17:23know what?
- 17:24Perhaps we should let you interpret the legislative
- 17:27intent.
- 17:27That's nonsense.
- 17:29Okay.
- 17:29I thought it in law school.
- 17:31I think it today.
- 17:32I've always thought that way.
- 17:33That is just nonsense.
- 17:35The interpreters of the law are supposed to
- 17:38be the, uh, judicial branch, right?
- 17:42The judges, for God's sake, that's who interprets
- 17:45the law.
- 17:46I don't care about some bureaucrat, you know,
- 17:49saying, no, we, we think we know what
- 17:51they went and we went to didn't, we're
- 17:52the professionals.
- 17:53Right?
- 17:54So that cat case, let's let them in.
- 17:56And you know what I'll do just because
- 17:57we're not subject to any time limit today.
- 17:59I'm going to give you the facts, the
- 18:02mini fact pattern of that case, because I
- 18:05think it's important.
- 18:07Okay.
- 18:07So the facts of that case, Congress amended
- 18:09the clean air act in 1977 that imposed
- 18:13certain requirements on states that had not attained
- 18:17the national air quality standards previously established by
- 18:20the EPA.
- 18:21One of these requirements was that these non
- 18:25attainment states set up a permit program that
- 18:28regulated new or modified major stationary sources of
- 18:32air pollution under EPA regulations promulgated in 1981
- 18:36to supplement that requirement.
- 18:39A state could adopt a plant wide definition
- 18:43of the term stationary source such that an
- 18:47existing plant with several pollution emitting devices could
- 18:50install or modify one piece of equipment without
- 18:53meeting a permit.
- 18:54If the alteration did not increase total emissions
- 18:57at the plant, this was known as the
- 18:59bubble concept because it allows a state to
- 19:02treat all devices within the plant as though
- 19:05they were encased in a single bubble.
- 19:07So they aren't going to regulate just one
- 19:10piece of equipment in the plant.
- 19:12They're going to regulate the whole plant and
- 19:15shut the entire plant down instead of a
- 19:17particular machine.
- 19:18Basically the amended clean or vice versa.
- 19:21If you want to get a new one
- 19:22in there and you don't like the new
- 19:24one, they're not going to allow you to
- 19:26put in the new one because it would,
- 19:28they'll shut down the whole plant if you
- 19:30do, because it will, uh, you know, uh,
- 19:33what do you call it?
- 19:34The bubble effect, since it's one land, one
- 19:36plant, one location, you're not targeting a particular
- 19:38machine.
- 19:39This is complicated stuff.
- 19:41This is, and how in the world does
- 19:43an EPA guy gonna, who said he gets
- 19:47to decide this question?
- 19:48Well, Supreme court, we'll get to that in
- 19:50a second.
- 19:50Uh, so this is known as bubble concept
- 19:52because it allowed a state to treat all
- 19:55the devices within a plant as though they
- 19:57were encased in a single bubble.
- 20:00And the facts, the amended clean air act
- 20:03does not explicitly defined, define what Congress meant
- 20:08by a stationary source to which the permit
- 20:12program should apply.
- 20:13Meaning they didn't say whether it should be
- 20:16the whole plant or just the piece of
- 20:18equipment and that the issue was not squarely
- 20:21addressed in the legislative history.
- 20:23Meaning the court goes back through the legislative
- 20:25history and says they discuss this, they discuss
- 20:27that.
- 20:28And when they implemented the law, there's a,
- 20:31here's some of the discussions they had on
- 20:33the floor and the discussions on the floor
- 20:35addressed the, whether the, the, the piece of
- 20:38machinery was going to be an independent piece
- 20:40of machinery or what it would affect the
- 20:42entire plant.
- 20:42And they did, they didn't discuss that in
- 20:44this legislative history is what they're saying, that
- 20:47they didn't say whether it would affect the
- 20:49entire plant or just the machine.
- 20:51So the court went through all of that.
- 20:54And then the question before the court is
- 20:57whether the EPA's allowance of this bubble concept,
- 21:00the EPA and administrative agency created this bubble
- 21:05concept, not the legislature.
- 21:10And is this a reasonable instruction of what
- 21:14the legislature said?
- 21:17Okay.
- 21:18Now this is nonsense, friends and neighbors, but
- 21:21you know, what is the, can it be
- 21:25said, it was said by the way, under
- 21:27the Chevron doctrine that these concepts, as long
- 21:31as they're based on a reasonable construction of
- 21:34the statute itself, and by the way, any
- 21:37associated discussion earlier that is reflected by the
- 21:41final transcript of the, of the, it comes
- 21:46out in the statute of these statutory terms
- 21:50stationary or the statutory term stationary source in
- 21:54this case.
- 21:55Okay.
- 21:56So that is there.
- 21:57The issue was whether Congress had the specific
- 22:01intention on the applicability of the bubble concept
- 22:06in this case.
- 22:08And the holding was no, the legislation in
- 22:12its history suggested that Congress did not have
- 22:15the specific intent to apply the bubble concept
- 22:18in these cases.
- 22:19So the court got that part right.
- 22:21Okay.
- 22:22And the second issue, whether a court may
- 22:24adopt a static judicial definition of a statutory
- 22:27term when it determines that Congress itself didn't
- 22:31command that definition.
- 22:34Okay.
- 22:35No.
- 22:36And here's the holding.
- 22:37This is the bullshit holding of them all.
- 22:39No, I shouldn't talk like that.
- 22:40That's bad language.
- 22:41But no, a court may not substitute its
- 22:44own construction of a statutory provision for a
- 22:48reasonable interpretation made by the administrator of an
- 22:51agency.
- 22:52What?
- 22:53Do you understand that?
- 22:54What the court, this is the Supreme Court
- 22:56of the United States of America.
- 22:58Bunch of morons didn't go to civics class
- 23:01in 1983 or 1965 for them.
- 23:05But, or maybe sooner, 1945, they're all like
- 23:0890.
- 23:09And so they ruled that now the court's
- 23:14not going to substitute its interpretation for, you
- 23:17know, a, a, a regulatory expert, a bureaucrat.
- 23:22What kind of crap is that?
- 23:24Nothing in my civics class or in my,
- 23:26uh, administrative law, uh, second year law school
- 23:29class said that, uh, the person that should
- 23:32interpret the law as the administrator is the
- 23:35bureaucrat.
- 23:36That's no, nowhere out there.
- 23:37My 10th grade teacher, uh, civics class, uh,
- 23:40did, didn't say, Hey, uh, you know, Sam,
- 23:42let's ask you a question on the, on
- 23:44the divisions of power in the United States.
- 23:46So we have the legislative branch, we have
- 23:49the judicial branch and we had the executive
- 23:51branch run by the governor of a state
- 23:54or the president in the case United States.
- 23:57He's the head of the executive branch, which
- 23:59is the administrative function that carries out all
- 24:02the laws created by the legislature and interpreted
- 24:05by the proper answer they gave in 1983
- 24:09wasn't interpreted by the court.
- 24:10It was interpreted by the bureaucrat.
- 24:13What kind of crap is that?
- 24:15That's the worst jump of logical leap ever.
- 24:21Okay.
- 24:21In my humble opinion, that's not ever.
- 24:24There's been some, some other ones, but it
- 24:26quietly went by.
- 24:27And this is part.
- 24:28And so since 1983, 40 years, well, 1984
- 24:34was the decision, but for 40 years, states,
- 24:40and especially the federal government has lived under
- 24:43this concept that the bureaucrat is God.
- 24:47Okay.
- 24:48And the bureaucrat if the legislature is too
- 24:50stupid to put in the proper definitions of
- 24:54a term that the bureaucrat gets to define
- 24:58it.
- 24:58Now that's harsh saying coming from Samuel Edward
- 25:02von trap the third or whatever the hell
- 25:04Jr calls me.
- 25:05It, uh, uh, is, is harsh, but this
- 25:09is a harsh world who I don't believe
- 25:12the founders, the founders, let's throw them out
- 25:15there.
- 25:16Ben Franklin with a great big signature, John
- 25:18Hancock with a huge signature out there.
- 25:20You know, everybody signed in, you know, uh,
- 25:22the important documents of forming the country.
- 25:25You know, this young infant country, that's going
- 25:27to be the best country on the planet
- 25:29was destroyed by decisions like this.
- 25:31Okay.
- 25:32This is a crap decision all across the
- 25:34board.
- 25:35And, uh, it, and then this is the
- 25:36unfortunate part of the judicial branch.
- 25:38In the first place, the judicial branch is
- 25:41just as subject to politics is all the
- 25:44rest, which is why it moves so slowly.
- 25:47And, uh, you know, because half of the
- 25:49people, well, let's call it 51% goes
- 25:52extreme right one year and then five years
- 25:55later, it's 51% going extreme left and
- 25:58they make decisions that have to work their
- 26:00way for five years through a legal system.
- 26:04It's crap.
- 26:05And, uh, and so don't go thinking that
- 26:07the, the judicial branch or the good guys
- 26:09either, because they're just as subject to the
- 26:12wrong stuff.
- 26:12And the people who need to know that
- 26:14are the people that civic outlaws wants to
- 26:16talk to.
- 26:17And perhaps maybe we can do something about
- 26:19this because a lot of people say you
- 26:21got to work within the system to fix
- 26:23the system.
- 26:24Well, if you don't know what the problem
- 26:25is, you sure as hell can't fix it.
- 26:27Can you?
- 26:28The Supreme court of the United States in
- 26:312024 decided this case that I was telling
- 26:36you about called Loper bright in Loper bright,
- 26:42a similar, well, similar issue to what was
- 26:46presented in a oops, I'm sorry, my phone's
- 26:50ringing and it shouldn't be too loud.
- 26:54I need to get rid of that and
- 26:56I have to send the person a message.
- 26:58So I'm very sorry whilst I turn it
- 27:00off.
- 27:01Uh, so I'm sorry, but I can't do
- 27:05two things at once.
- 27:06Everybody knows that.
- 27:07Anyway, I'll try to cut this part out
- 27:09when I, uh, uh, when I, when I
- 27:11edit the show for publication, anyway, Loper bright
- 27:14enterprises versus Raimondo.
- 27:17Okay.
- 27:18And the historic decision, right?
- 27:21This is the history making decision of the
- 27:26Chevron doctrine, which is what they called this.
- 27:29So the Chevron doctrine, the bureaucrat gets to
- 27:31keep in his pocket for 40 years.
- 27:34Every time somebody tries to tell him what
- 27:35to do, the, the, the, uh, the career
- 27:38bureaucrat gets to pull out of his pocket.
- 27:41Well, uh, yeah, I know the statute doesn't
- 27:43say that, but I'm the King.
- 27:46I'm the King.
- 27:47The bureaucrat is the King.
- 27:49I'm the head of an agency and therefore
- 27:51I'm God.
- 27:53And so I, I interpret it this way.
- 27:56And if you want to go to the
- 27:57Supreme court, well, they're not gonna, you know,
- 28:00rule your way because they defer to our
- 28:03interpretations long as we can claim they're reasonable.
- 28:06I claim this is reasonable.
- 28:08Would you like to fight that now?
- 28:10Would you like to submit to what I'm
- 28:12telling you as the regulator?
- 28:14Because this is what I'm supposed to do.
- 28:15You're supposed to submit to me.
- 28:17This is what you have to do public.
- 28:19You have to submit to me because I
- 28:21am God bureaucrat.
- 28:23You know, I always just talk about the
- 28:25God Emperor because I liked that title.
- 28:27God Emperor of Dune was one of my
- 28:30favorite books.
- 28:30And so if I want a good title,
- 28:32if I want, you can refer to me
- 28:34as God Emperor, but if you're a bureaucrat,
- 28:37maybe you can be the God bureaucrat.
- 28:40Okay.
- 28:41And that's what they thought they were.
- 28:44And, uh, and well, they, they still think
- 28:45they are unfortunately because people aren't questioning him
- 28:48enough.
- 28:48However, we are civic outlaws.
- 28:52We create civic warriors.
- 28:55If you'd like to be a civic warrior,
- 28:57join us.
- 28:58You come in, you know, whatever level, uh,
- 29:01our donation pages are up and out there.
- 29:03We, you know, it's expensive to go after
- 29:05bureaucrats.
- 29:06It is not simple and it costs a
- 29:09lot of time and a lot of money.
- 29:11And I'm telling you, they don't make it
- 29:14easy.
- 29:14And if you go out to civic outlaws
- 29:16.com, you'll see how difficult these people make
- 29:19it.
- 29:19They turned that document against us and said
- 29:22that this document was going to be, it
- 29:25was the documents that we requested in a
- 29:27sunshine request, not civic outlaws, but one of
- 29:30the founding members that, uh, one of the
- 29:32documents we requested, one of the series of
- 29:35documents re-requested was going to take 44
- 29:40plus years to provide and the total costs
- 29:46payable in advance, by the way, friends and
- 29:49neighbors, 360 something thousand dollars.
- 29:54And they couldn't guarantee it even then because
- 29:57they may have to go to the Missouri
- 29:58legislature to get, uh, some more, uh, some
- 30:02more help.
- 30:03And anytime there's a budgetary person to add,
- 30:07they, they could only guarantee us five hours
- 30:09a week because these documents were all, uh,
- 30:12you know, they identified, uh, $300,000.
- 30:17I forget what it was there.
- 30:1936,000 documents or something like that.
- 30:22600,000 emails that they would have to
- 30:25review in order to do it.
- 30:27Well, nobody said they had to review all
- 30:29of this crap.
- 30:29They just give it to us.
- 30:30It's public overreach.
- 30:32We're public.
- 30:33Why don't you just send it to us?
- 30:34No, no, no.
- 30:35We gotta have a lawyer review this and
- 30:37codify.
- 30:38That's your own problem.
- 30:39That's not my problem.
- 30:40Why don't you just send me the documents?
- 30:42Be done with it.
- 30:43And, uh, well, you know that, but the
- 30:46ludicrousness of sending me a bill that says
- 30:48it's going to take you 300 or 42
- 30:51years to provide the documents and, uh, you
- 30:54can't provide them because you need to get
- 30:56another bureaucrat on board solely for that purpose
- 31:00is crap.
- 31:03You just, they're public records anyway.
- 31:06Why don't you provide them to me?
- 31:07Tell, and why can't you provide them in
- 31:09electronic format?
- 31:10Why are you still charging me 10 cents
- 31:12a copy or more to copy the damn
- 31:14things?
- 31:15Just put it on a thumb drive like
- 31:16everybody else does and turn them over to
- 31:19me.
- 31:19Nobody turns over paper documents.
- 31:21These people did and charged the crap out
- 31:23of us for doing it.
- 31:24And you know, I forget what it was,
- 31:26$6,000 or something to date that we've
- 31:28spent getting records and those record 4,500,
- 31:335,000 pages, something like that.
- 31:35So we're well over 10 cents a page.
- 31:37It's nonsense.
- 31:39And, uh, uh, hell, that's a dollar a
- 31:41page.
- 31:41What am I talking about?
- 31:42I can't do my own, uh, 10th grade,
- 31:44um, uh, arithmetic.
- 31:46Um, anyway, the, the key portions of Loper
- 31:50Bright Enterprises versus Ramundo or this Chevron was
- 31:55overruled in a, and this is, this is
- 31:57written by the Liberty Justice Center.
- 32:00So it could be twisted a little bit
- 32:02for us.
- 32:03Okay.
- 32:04And the Liberty Justice Center, uh, was, uh,
- 32:08in instrumental in making sure that, or promoting
- 32:13amicus briefing, you know, and press releasing this
- 32:17information.
- 32:17Okay.
- 32:18And, uh, basically, and they were instrumental in
- 32:21helping get it done.
- 32:22They, then, so I don't know if you
- 32:23understand what amicus brief means, but what it
- 32:26is, basically, uh, it's called a friend of
- 32:29the court for, for simple English.
- 32:31Uh, and basically, so I sue my friend
- 32:35for, I don't know what, stealing my cow.
- 32:37And, uh, uh, you know, he sues me
- 32:40for saying, well, you left the cow on
- 32:42my property too long.
- 32:43Of course I stole it.
- 32:44And, uh, uh, we argue that fact out.
- 32:47Well, what an amicus brief is is somebody
- 32:50comes in who has an interest in property
- 32:54rules all over the country and go, wait
- 32:57a minute, you don't get to steal somebody's
- 32:59cow because he hung out on your land
- 33:01too long or you do because he supports
- 33:05the property.
- 33:05And he writes a friend of the court,
- 33:08amicus brief supporting that theory because he has
- 33:13interests and members that support property rights.
- 33:18Okay.
- 33:19And, uh, somebody else likes cows and likes
- 33:22to, that you can't go, you know, uh,
- 33:24rustling cattle just because the cow crossed the
- 33:27line.
- 33:28That's why we have brands on the cow.
- 33:30In the first place we put it.
- 33:32And by the way, I heard that there's
- 33:33some real serious rules about branding cows even
- 33:36now.
- 33:37And they try to property recognize their cows
- 33:39with the tags on the ear and the
- 33:40brands on the tail and, uh, or the
- 33:42butt.
- 33:43And, uh, and anyway, that's a different theory
- 33:44altogether.
- 33:45But you have another person submitted amicus brief,
- 33:48who especially when you get to the higher
- 33:49levels that says, Hey, here's, here's the issue.
- 33:53And we believe that you're, this cattle theft,
- 33:57you know, this is, is rustling cattle.
- 33:58We don't like this.
- 33:59And then so both of them write a
- 34:01brief to the court.
- 34:02It's not just the lawyer of the parties
- 34:04that are involved.
- 34:05It's lawyers of other people similarly interested.
- 34:08They get to do it.
- 34:09They have to do it with permission of
- 34:10the court.
- 34:10Most of the time that they have to
- 34:12petition the court to be allowed to do
- 34:14it.
- 34:14I was telling you about in flock camera
- 34:16case in Richmond, Virginia.
- 34:18The last time I looked, which was around
- 34:19the time Ikester, uh, was forced to plead
- 34:23guilty on properly, improperly, in my opinion.
- 34:26And he should have fought it, but I
- 34:27get what he's, why he did what he
- 34:29did.
- 34:29It makes absolute sense to me.
- 34:30And I honor his decision to make it.
- 34:33And I honor the decision to get rid
- 34:34of BS in your life because trust me,
- 34:37it's easier than the fight.
- 34:39Um, and I don't want to call it
- 34:41easier because that's not it either less expensive
- 34:44and maybe right for you at the time,
- 34:45especially if you don't have time to pay
- 34:47lawyers and other similarly situated assholes to, to,
- 34:51uh, uh, pay for this nonsense.
- 34:54They price, they price justice outside of the
- 35:00normal person's reach.
- 35:02And so who always wins the bureaucrat, because
- 35:05they don't have to worry about spending your
- 35:07money to attack you.
- 35:10They have it, you know, they control your
- 35:12money anyway through taxes and all the other
- 35:15stuff.
- 35:16And, and, and, and, and ever since then
- 35:18Chevron has ever since 1983, at least Chevron
- 35:21has said that, well, you know, of course
- 35:24we're going to defer to the bureaucrat.
- 35:26They know everything.
- 35:27And they, you know, they've been there for
- 35:28a while.
- 35:29And this is the, the huge portion of
- 35:31the bureaucratic state.
- 35:32So I was telling you that the sloper
- 35:34bright thing that they have listed here, Chevron
- 35:38is overruled.
- 35:39And this historic decision that was issued June
- 35:42the 28th of 2024, I'm reading their content
- 35:46of the overruled.
- 35:48The Supreme court formally overturned the Chevron doctrine,
- 35:51a rule that adopted in 1984 under which
- 35:54federal courts defer to federal agencies interpretation of
- 35:58their own power as a matter of course.
- 36:01That's a scary sentence, but that's true.
- 36:03The court ruled in favor of the herring
- 36:05fishermen who argued their case.
- 36:08So these herring fishermen group together, came up
- 36:12against Raymundo.
- 36:12And the case called Loper bright enterprises, which
- 36:16well, you know, fish is herring versus Raimundo
- 36:19who's some I forget which agency he's with
- 36:24before the court, they argued it in the,
- 36:26before the court in the January, 2024 session
- 36:29in December, 2022, the Liberty justice center, this
- 36:33person, similar to what we're creating with civic
- 36:38outlaws filed an amicus brief and Loper bright
- 36:41enterprises versus Raymundo alongside the Cato Institute.
- 36:45And they urged the Supreme court to hear
- 36:47the case and strike down Chevron as unconstitutional
- 36:52and a historical meaning against history.
- 36:57Okay.
- 36:57Well, like I just said, against history, against
- 37:00the historic interpretation of the founding father's intent
- 37:04in creating three branches of government.
- 37:07And after the court granted the petition for
- 37:10certiorari means they decided to hear the case
- 37:1390% of the kid, more than that,
- 37:1598, 99% of the cases, they refused
- 37:17to hear and just go, it's too important
- 37:19for us to get busy with that.
- 37:21They only hear a 6% of cases
- 37:23that are submitted to them.
- 37:25The rest, they just ignore completely.
- 37:27So when you go to the Supreme court,
- 37:30good luck because they're just as, as bureaucratic
- 37:36as the rest.
- 37:38Okay.
- 37:38They just, you know, they try, they sit
- 37:40in their huge hall of justice and decide
- 37:43who gets Liberty and who doesn't.
- 37:45Anyway, these fishermen these agencies supporting the fishermen
- 37:52filed an amicus brief in July of 2023
- 37:55and urged the Supreme court to overturn Chevron
- 37:58because it unconstitutionally delegated the judicial branches, interpretive
- 38:05authority to the executive branch.
- 38:09It's quite true by the way, for decades,
- 38:12the Chevron doctrine has allowed unaccountable agencies and
- 38:16bureaucrats to determine the scope of their own
- 38:19power and to use that excessive power to
- 38:23run roughshod over American's rights.
- 38:27We applaud the Supreme court's decision to overturn
- 38:30Chevron, restore court's power to independently interpret statute
- 38:36and significantly reign in the administrative States unlawful
- 38:41overreach said senior counsel, Lauren C Hayes.
- 38:46Now that courts are no longer shackled to
- 38:49agency interpretations, agency rules can be fairly interpreted
- 38:54and we look forward to challenging overreach.
- 38:59Now that's important friends and neighbors.
- 39:02And that's not me.
- 39:04That's although I know it too, it's not
- 39:07me stating that these are some, some high
- 39:10level muckety mucks, right?
- 39:12These are people involved in the process.
- 39:14These are people sniping from the sidelines, you
- 39:17know, and I no longer want to snipe
- 39:19from the sidelines.
- 39:20Everybody knows that I got plenty of, uh,
- 39:23of, uh, of skeletons in my closet for
- 39:25attacking the state of Missouri, but loads of
- 39:28them.
- 39:28So I can't remember.
- 39:30I, last time I looked on the federal
- 39:31court, it was like 62 or something times.
- 39:34I had a suit filed in federal court
- 39:36and more than half of those were against
- 39:37state actors.
- 39:38You know, when I was practicing law, I
- 39:41believe it's part of why I was targeted
- 39:42by Sam Phillips, another bureaucrat, although the bar
- 39:46is untouchable.
- 39:48That's another story.
- 39:49And I've talked about that in prior episodes.
- 39:51You can go of international flavor.
- 39:53You can go back and get my words
- 39:55on that all you'd like.
- 39:56Okay.
- 39:56And that's absolutely true too.
- 39:58And it's also absolutely true that there's a
- 40:01process in Missouri that has actually been sent
- 40:04to many other States that bears significant reason
- 40:10to be hated.
- 40:11And my ire is directed at this process
- 40:14too, because it allows this type of bureaucratic
- 40:17crap to continue.
- 40:19And that is the alleged nonpartisan bar plan.
- 40:24Oh, well, it's not them on partisan bar
- 40:25plan, but it's the nonpartisan as a joke.
- 40:29That was trying to be funny.
- 40:30It's the nonpartisan judicial selection plan and the
- 40:34committee of the bar has the power to
- 40:38promote who they want to act in their
- 40:41own behalf to the extreme disenfranchisement of the
- 40:48public.
- 40:50But Oh no, it's untouchable because why in
- 40:53the thirties, there were corrupt union bosses that
- 41:00controlled in Missouri between Kansas city and Missouri,
- 41:04they controlled Jefferson city by appointing all the
- 41:07judges to the Missouri Supreme court or to
- 41:10either of the, or any of the appellate
- 41:12courts.
- 41:13So we still have leftover remnants of that,
- 41:16which you could argue that they did need
- 41:19to do something to stop the, um, the
- 41:24heavy duty pressure by outside actors like the,
- 41:31uh, what do you call it?
- 41:33Unions in union bosses that controlled much of
- 41:36it and therefore controlled the judiciary.
- 41:38You see that in movies all the time
- 41:40and everybody takes it as a matter.
- 41:41Of course, however, nobody wants to say the
- 41:44same thing against the Missouri bar, although it's
- 41:47just as crap.
- 41:48The process of selection of these people, they're
- 41:51not selected by the people, not remotely.
- 41:54You want to hear detailed analysis of that
- 41:56go to prior programs that I did.
- 41:58And, uh, but that's a little further than
- 42:01I want to go.
- 42:02And I don't want to spend the whole
- 42:03time of this show speaking on that.
- 42:05And so with that backdrop, okay.
- 42:07Of the Chevron doctrine being overturned in 2024
- 42:10on June the 28th, that happened.
- 42:15The Missouri Congress, uh, the, the legislature of
- 42:18Missouri took action and they, uh, as of
- 42:25August 28th of, uh, 2025 enacted a
- 42:35new statute.
- 42:37Okay.
- 42:37And, or they revised an existing statute.
- 42:41That statute was a revised statute state of
- 42:45Missouri, five 36 dot one four zero.
- 42:48Okay.
- 42:49One four zero said or says now they're
- 42:53in.
- 42:54And, and, and I, I went through this
- 42:55a little bit yesterday, so I want to
- 42:56make sure to go through it today to
- 42:58make sure that when you go out to
- 43:00the revisor of statutes and everything, all of
- 43:02this is public document.
- 43:04You can go to revisor.mo.gov and
- 43:07get all the statutes and they do a
- 43:09pretty good job of, uh, in fact, a
- 43:12really good job.
- 43:12If all you're doing is looking at the
- 43:14Missouri statutes and you're not looking for, uh,
- 43:17um, history, although a lot of times down
- 43:20below, there's a lot of legislative or case
- 43:22history that you can click on and follow
- 43:24what courts have said about this, uh, statute
- 43:27or whatever.
- 43:28There's, it's a decent free research source, even
- 43:31for lawyers.
- 43:32And you can go in there and have
- 43:33a, have a look at what it is.
- 43:35So the basics of this five 36 dot
- 43:38one 40 is for judicial review.
- 43:41This is how the legislature says that judicial
- 43:44review should be conducted when a citizen makes
- 43:47a complaint about a statute, a regulation, an
- 43:50action by an administrator, an action by somebody
- 43:54in a county or a city administrator that
- 43:57changes the rules of, you know, all of
- 43:59these things.
- 44:00When a judge is interpreting these things, they
- 44:03have to, you know, when the case is
- 44:04before a court or it's being interpreted or
- 44:07it's even an administrative law judge, these things
- 44:10have to be considered, um, and five 36
- 44:15dot one 40, which was effective August 28th
- 44:18of 2005 that's when the law was written,
- 44:22gave the instructions for how the court is
- 44:24supposed to consent by the legislature of how
- 44:27the court is supposed to interpret executive actions
- 44:30against citizenry.
- 44:32Okay.
- 44:32That's the basics of it, right?
- 44:35Under that there was a paragraph that used
- 44:37to say, and because down below it, when
- 44:40you, when you're on the revisor's site, it
- 44:43actually does a pretty good job.
- 44:44You can go down to the bottom and
- 44:45click on the history of the, uh, this
- 44:49statute and it will give you the history
- 44:51of the statute.
- 44:52So you go and you see the date
- 44:54down below where the effective date of five
- 44:5736 dot one 40 that I'm reading from,
- 45:00uh, from now was effective at August 28th
- 45:03of 2005 and the authority of that statute
- 45:06ended August 28th, 2025.
- 45:10So it was in effect for a full
- 45:1220 years and then above it you can
- 45:14click on the link for the one that
- 45:16is effective now as of August 28th of
- 45:202025.
- 45:21Okay.
- 45:22So I'm going to read to you the
- 45:23important subparagraph three, what it said before 2025
- 45:28August 28th and what it now says 2025
- 45:32that is effective.
- 45:33Okay.
- 45:34The important part was this.
- 45:37Here was the prior paragraph three subparagraph to
- 45:42five 36 to one 40.
- 45:44Whenever the action of the agency being reviewed
- 45:48by the court does not include involve the
- 45:51exercise by the agency of administrative discretion in
- 45:57the light of the facts, but only involves
- 46:01the application by the agency of the law
- 46:04to the facts, the court may upon application
- 46:08of any party conduct a de novo review
- 46:12of the agency decision.
- 46:15And then paragraph four said wherever under subsection
- 46:18three or other.
- 46:19So, so basically that outlined a person's right
- 46:22to file a motion for declaratory judgment, declaratory
- 46:26relief in the, um, in the court, uh,
- 46:29you know, usually Cole County circuit court because
- 46:32most of those are filed in Cole County
- 46:34unless you want to go after a regulator
- 46:37in a particular area.
- 46:38There are strategic parts for reviewing that.
- 46:40And I don't real, I don't think there's
- 46:43any specific things as all should be filed
- 46:45at any state.
- 46:46One should usually be filed in Cole County
- 46:48anyway cause they are the best people to
- 46:50interpret it cause they get them all the
- 46:51time.
- 46:51And so their regulatory interpretations or bureaucratic overreach
- 46:57that has to be filed in Cole County.
- 46:59What doesn't have to be.
- 47:00But 99% time you would want to
- 47:02file it there anyway.
- 47:03So under subsection four old version, wherever under
- 47:06subsection three, the one that allows you to
- 47:08sue or otherwise the court is entitled to
- 47:11weigh the evidence and determine the facts on
- 47:13its own.
- 47:14So the court gets to weigh the evidence.
- 47:16The court may hear and consider additional evidence
- 47:18if the court finds that the evidence in
- 47:20rector size of V sorry, an exercise of
- 47:23reasonable diligence could not have produced or was
- 47:26improperly excluded at the hearing before the agency.
- 47:29Meaning this is only an appellate type.
- 47:31So if somebody else considered it at the
- 47:32administrative level, the court may or may not
- 47:35take additional evidence that might be missing from
- 47:37the record down below.
- 47:38Okay.
- 47:39Wherever the court is not entitled to weigh
- 47:41the evidence or determine facts for itself.
- 47:43So this is a lot of times it
- 47:44says in a statute, the legislature will limit
- 47:48what the court can do and say, listen,
- 47:50you can only talk.
- 47:51You can't get new facts out there.
- 47:54You can't present new evidence.
- 47:55You can only consider what happened below.
- 47:58Okay.
- 47:58You can only get, that is what it
- 48:00is, what it used to say.
- 48:01Okay.
- 48:02Um, if the court finds there's a competent
- 48:04material evidence, which in the exercise of reasonable
- 48:08diligence could not have been produced or was
- 48:12improperly excluded at the hearing before the agency,
- 48:16meaning if the agency, uh, who is, who
- 48:18are also a bunch of bureaucrats, they may
- 48:20be a decision committees, but they're bureaucrats.
- 48:23If they left out this evidence or material,
- 48:26uh, in the exercise of reasonable diligence, diligence
- 48:29the court may remand the case to the
- 48:32agency.
- 48:33They can say, nah, we're sending it back.
- 48:35There's evidence that you could have listened to
- 48:37and you didn't.
- 48:38So listen to the new evidence and then
- 48:40make a decision.
- 48:41And if that David decision takes care of
- 48:43the issue, well, there you go.
- 48:45They can abdicate their responsibility to, uh, uh,
- 48:48and maybe not, but they can send it
- 48:49back down to the court below to consider.
- 48:51Now, um, agencies can't hear constitutional challenges anyway.
- 48:55So ultimately you'll probably end up in front
- 48:58of the, the Cole County circuit court in
- 49:00the first place.
- 49:01But, uh, anyway, they would give directions to
- 49:03consider that evidence, consider the decision in light
- 49:07of the evidence that could or should have
- 49:09been permitted.
- 49:10The court may in any case here and
- 49:12consider evidence of the reged alleged irregularities and
- 49:17procedure or unfairness by the agency that are
- 49:21not shown in the record.
- 49:22That's what it used to say.
- 49:25Okay.
- 49:26Now that's discombobulated nonsense.
- 49:29Anyway, I think it should always be the
- 49:32court determining, uh, you know, more power than
- 49:36the, uh, administrative hearing commission or a regulator,
- 49:40uh, or group of regulators beaten up on
- 49:43a citizen because that's what they do.
- 49:46You know, sometimes they're all, they're so slanted.
- 49:48You don't even really present any evidence.
- 49:50You just present the record.
- 49:52It's an administrative function.
- 49:53You're issuing a license.
- 49:54You're a, I don't know what deciding whether
- 49:57something can be built.
- 49:58You're given a permit, you know, whatever, uh,
- 50:00in an administrative law case.
- 50:02And so in these administrative law cases, the
- 50:05court would always assume that the facts were
- 50:07considered properly.
- 50:08And if the ruling didn't, uh, didn't reflect,
- 50:12uh, realistic or adequate or sometimes a bigger
- 50:16case examination of the facts, then the court
- 50:19could overrule that decision and say, no, the
- 50:22law means X, but the law should be
- 50:24determined by then, but after Loper bright.
- 50:28So even Missouri had some of the, some
- 50:30of the, it was a tiny bit tougher
- 50:32inside of Missouri, but really still the, uh,
- 50:35bureaucrats making the decision.
- 50:37Okay.
- 50:38So that all changed August 28 of 2025.
- 50:44Okay.
- 50:45Because the new version of five 36 dot
- 50:49one 40 reads as follows.
- 50:52When you have the same sort of thing,
- 50:55interpreting a statute, interpreting a decision that the,
- 50:59uh, a, uh, that the bureaucrat made below
- 51:02admit, you know, uh, an activity of a
- 51:05bureaucrat, you know, in creating his own little
- 51:08kingdom, which they, you know, can't help but
- 51:10do, especially since 1983.
- 51:13And the Missouri didn't do anything about it,
- 51:16you know, until 2005, but they always let
- 51:19the, let the, uh, administrator do what he
- 51:22wanted.
- 51:22Right.
- 51:22And then all that changed August 28, 2025,
- 51:26which is why it's so important to have
- 51:28a civic outlaws type organization inside the state
- 51:32of Missouri attached to national issues as well,
- 51:36but focused at least initially on Missouri crap.
- 51:41And there's plenty of it to go around.
- 51:43So this, uh, the, the news, the new
- 51:46statute says as follows.
- 51:49Okay.
- 51:49In some paragraph three.
- 51:51Okay.
- 51:52I'll read you three and four, and these
- 51:54are effective as of August 28, 2025.
- 51:59So some paragraph three says in interpreting a
- 52:02state statute rule regulation or other sub regulatory
- 52:06document.
- 52:07Now that's a hell of a lot more
- 52:09than it said previously right there, a court
- 52:12or an officer hearing an administrative action shall
- 52:16not know, shall not.
- 52:18Those are powerful words.
- 52:19It doesn't say, you know, maybe it says,
- 52:21shall not.
- 52:23And, uh, it, it shall not determine what
- 52:26in the hell, uh, you know, the court
- 52:27shall do as follows.
- 52:29Okay.
- 52:30And, um, let's see, shall not defer to
- 52:38a state agency's interpretation of such statute rule
- 52:42regulation or other document.
- 52:45That's a powerful sentence in the state of
- 52:48Missouri shall not.
- 52:49The legislature is making groundbreaking and very clear
- 52:56direction of what the citizens of Missouri want.
- 53:01They are the people who were elected.
- 53:03So you, you know, rarely does, uh, uh,
- 53:07you know, I hate to be too anti
- 53:08because they got it right here, but it's,
- 53:13it's the BS of being a politician is
- 53:15sometimes difficult, you know, and I realized you
- 53:18got a, uh, you know, horse trade quite
- 53:20a bit in politics to get what you
- 53:22want, but here it worked out or to
- 53:25get what you think your constituents want.
- 53:27I get that.
- 53:28But I honor the legislature that acts on
- 53:30behalf of his constituents.
- 53:32I don't, I love in Missouri that they're
- 53:34temporary, you know, that they have term limits.
- 53:37That alone is enough for me to say
- 53:40hands off and let them do what they
- 53:42want.
- 53:42If they're doing damage, they can only do
- 53:44it for so long.
- 53:45If they're being great.
- 53:46Well, sometimes I'd like to keep them, but
- 53:49it's better to, uh, you know, have one
- 53:53person get screwed over by, or the constituents
- 53:55get screwed over by not having a similar,
- 53:58you know, a person acting on their behalf
- 54:00than it is to have corruption that's inherent
- 54:02in the system.
- 54:03If you allow them to live in power
- 54:06eternally, that's a Sam concept right there.
- 54:09You don't have to agree with that or
- 54:11disagree with that.
- 54:12But if somebody is term limited, I'll continue
- 54:16to vote for them.
- 54:16If someone is not term limited and they
- 54:19have been there, you know, longer than two
- 54:21terms, I never vote for them.
- 54:24Never.
- 54:25I will not vote for somebody who's been
- 54:27in office more than two terms unless they're
- 54:31term limited, you know, by three, four, whatever.
- 54:34Um, and in Missouri, our state guys are
- 54:36term limited.
- 54:37So that's a philosophical thing for me.
- 54:39It has nothing to do with real politics.
- 54:41It has to do with power.
- 54:43So anyway, I sorry to get sidetracked with
- 54:45that, but the, the state legislature in this
- 54:48instance got it absolutely right.
- 54:49Five 36 one 40 sub paragraph three, when
- 54:52they directed that the court shall not defer.
- 54:56And then the next part of the same
- 54:58sentence and it says shall, shall, they must
- 55:04interpret the meaning and effect of whatever the
- 55:08state agent or bureaucrat did de novo de
- 55:11novo means brand new review.
- 55:14It doesn't matter what the bureaucrat said.
- 55:15It matters what, that's all circumstances surrounding that
- 55:20decision made by a bureaucrat, including a bureaucratic
- 55:24agency and including a bureaucrat in the capacity
- 55:28of a hearing officer.
- 55:30Okay.
- 55:31And then it continues another sentence in actions
- 55:35brought against a state agency after applying all
- 55:40customary tools of interpretation, the court or hearing
- 55:44officer.
- 55:45Here it comes again.
- 55:46Here's that interesting word shall decide any remaining
- 55:51doubt like tie goes to who does the
- 55:55tie go to in these cases in favor
- 55:58of a reasonable interpretation that limits agency power
- 56:02and maximizes individual rights.
- 56:06Individual liberty.
- 56:07So the state of Missouri through the legislature
- 56:10has just thrown a bomb into the bureaucrats
- 56:16nest and it is a nest because they
- 56:19never leave.
- 56:21You're in a nest because they never have
- 56:24to perform.
- 56:25They get a free paycheck.
- 56:26Everybody always complained.
- 56:27Oh geez, those poor administrators don't make any
- 56:29money.
- 56:29My ass they control the world and they
- 56:31get a fair pay and they get unbelievable
- 56:33benefits.
- 56:34And if they didn't want the power, they
- 56:36wouldn't stay there in the first place.
- 56:38Now that's harsh too.
- 56:40I'm a harsh person when it comes to
- 56:41that.
- 56:42Go out in the real world and see
- 56:43if you can be a in charge of
- 56:46life.
- 56:46Doesn't work that way.
- 56:48Why should it work for the government when
- 56:49the citizens want a government that is limited
- 56:52in scope and power?
- 56:54That's what we want.
- 56:55If you're a true American, that's what you
- 56:57want.
- 56:58You don't want a stronger government except in,
- 57:02you know, arguably some of the military stuff.
- 57:04So although even that is all controlled by
- 57:06outsiders these days, I believe that these things
- 57:10have made it possible to attack the bureaucratic
- 57:14overreach of the state of Missouri, which is
- 57:18the reason for the founding of civic outlaws
- 57:21at this time.
- 57:22It's the perfect time.
- 57:24And so the brief I'm going to read
- 57:26to you, and then I'll close the show
- 57:27today as something that I wrote that goes
- 57:30a particular case.
- 57:32It'll, it'll talk about the case.
- 57:34Now you don't have to agree with the
- 57:37premise of the case to believe that what
- 57:40I just outlined to you is anything less
- 57:44than true and accurate.
- 57:45Everything I've outlined to you, according to what
- 57:47the state must do, what the U S
- 57:50government with the U S Supreme court ruled
- 57:53will take place in federal agencies.
- 57:56And as far as being interpreted, what the,
- 57:59it limited what the executive branch gets to
- 58:02do to interpret all of these things.
- 58:05And, uh, through their career bureaucrats, which I
- 58:08believe should be term limited at the federal
- 58:10level too, but they're not bureaucrats are not
- 58:13terminated.
- 58:14If it's just a job, they sit there
- 58:16regardless of who's in power.
- 58:17If they don't like who's in power, they
- 58:19mark time until that person is no longer
- 58:21in power until they get a friend in
- 58:23office and then they go back to regulation
- 58:25as usual.
- 58:26So, and I believe that's what's going to
- 58:27occur with the Trumpster that three years would
- 58:30be marking time and then hopefully we'll be
- 58:33set up to keep this activity going on
- 58:36a federal level as well.
- 58:38Cause I ain't afraid of them either.
- 58:39I should be, I suppose, because people get
- 58:42murdered, people end up dead on back streets.
- 58:45Like they used to charge the Soviet, uh,
- 58:48the, the, the Soviet, uh, about, um, I'm
- 58:52sorry, that's the, uh, um, uh, the, uh,
- 58:56Ukrainian version.
- 58:57Anyway, uh, that's paragraph three.
- 59:00That is powerful.
- 59:01And then paragraph four tells how you're going
- 59:04to exclude and excludes the similarly to what
- 59:07the paragraph four said before.
- 59:08But the important part is that sub paragraph
- 59:10three, which is the bomb thrown in to
- 59:13the nest of vipers at the bureaucratic level.
- 59:16Okay.
- 59:16Now with all that backdrop, which hopefully you
- 59:19listened to, um, and I hope you had
- 59:22the time to go through this with me,
- 59:24you know, because it's been about an hour.
- 59:25I'm going to go another half an hour.
- 59:27So should take me to get through this
- 59:29article and any associated stuff and then the
- 59:31program will end.
- 59:32And I'm going to, and you can find
- 59:34this article.
- 59:34If you want to stop listening, please do,
- 59:38but read the article.
- 59:39The article is out on my LinkedIn page,
- 59:42which, uh, let me give you my LinkedIn
- 59:45address, which I don't know, used to be
- 59:47something easy, but I haven't used LinkedIn.
- 59:50I only recently repaired the page.
- 59:52Uh, so it reflects who I am properly.
- 59:57And, uh, it says that I am, uh,
- 1:00:03if I look at the page, where am
- 1:00:06I?
- 1:00:08Scooby dooby doo doo.
- 1:00:10I am at Samuel trap is my address.
- 1:00:13And, uh, Samuel trap is who I am.
- 1:00:18And if I, you know, was sharing the
- 1:00:20chant and it, and it has out there,
- 1:00:22the home of civic outlaws, which is a
- 1:00:25new page.
- 1:00:25I created the home of modern law ecosystem,
- 1:00:28my measure in the road, Nif, Kuzna, Ruscom,
- 1:00:32my, uh, uh, Russian site on YouTube and
- 1:00:36my international flavor, a website where I put
- 1:00:40all of my shows out on international flavor,
- 1:00:43uh, as they occur four times per week.
- 1:00:46Okay.
- 1:00:47So that's how you find me, Samuel trap
- 1:00:49on LinkedIn.
- 1:00:50And, uh, my article is out there in
- 1:00:53a post of, uh, Thursday, I believe it
- 1:00:57was that I did that post.
- 1:00:58Let me put on my glasses and I'm
- 1:01:00going to read to you this article.
- 1:01:03And I think I did a pretty good
- 1:01:05job of not directing this to lawyers or
- 1:01:08to other people, you know, that are obsessed
- 1:01:10with, uh, with, uh, the legal backdrop, but
- 1:01:14with clarity so that people can understand the
- 1:01:17issue.
- 1:01:18Okay.
- 1:01:18And, uh, especially here in Missouri.
- 1:01:21And so liquor license dispute leads to the
- 1:01:24creation of civic outlaws, a new charity targeting
- 1:01:27government overreach by Samuel trap.
- 1:01:30It's a sub paragraph.
- 1:01:32Uh, remember I told you sub paragraphs reflect,
- 1:01:35you know, well, whatever, it doesn't matter.
- 1:01:36Uh, government creep, administrative autonomy.
- 1:01:40And the moment the line was crossed.
- 1:01:44And so we begin government overreach rarely announces
- 1:01:48itself with a press conference.
- 1:01:50More often it arrives quietly through internal emails,
- 1:01:53revised enforcement priority, and a growing comfort with
- 1:01:57discretion untethered from statute.
- 1:02:00This article is not about a particular business
- 1:02:03model, a controversial industry, or a single licensing
- 1:02:07dispute.
- 1:02:08It's about the quieter phenomenon, government creep, the
- 1:02:12gradual expansion of administrative authority beyond its lawful
- 1:02:16lane justified internally as efficiency autonomy, or the
- 1:02:22policing of morality at the center of this
- 1:02:28story is a state licensing agency charged with
- 1:02:32narrow, well-defined mission regulating the sale of
- 1:02:36alcohol under chapter three 11 of Missouri law.
- 1:02:40That's alcohol control.
- 1:02:41Licensing regimes are supposed to be mundane.
- 1:02:45They involve posted permits, compliance checks, clearly articulated
- 1:02:50rules.
- 1:02:50They are not intended to become a moral
- 1:02:53tribunal or a substitute for a criminal court.
- 1:02:56Yet beginning in 2022 internal alcohol, tobacco control,
- 1:03:02ATC communications, reflect a notable shift in posture.
- 1:03:07One that treats statutory boundaries as flexible and
- 1:03:11agency discretion as expansive.
- 1:03:13Now, with my explanation to you of Loper,
- 1:03:16bright, and all that, this is commentary outside
- 1:03:18the article with my explanation of Loper, bright,
- 1:03:21Chevron, and a Missouri reach.
- 1:03:24How can you blame them?
- 1:03:26You know, they've, they've been for, for years
- 1:03:28allowed to run roughshod over citizens and they
- 1:03:31like it.
- 1:03:32They're used to it.
- 1:03:33In those internal communications, senior leadership of the
- 1:03:37ATC described the agency as blessed to operate
- 1:03:42with an abundance of autonomy while discussing the
- 1:03:45discovery of a statute that by the agency's
- 1:03:49own admission had not been previously understood or
- 1:03:52enforced.
- 1:03:53That language matters.
- 1:03:55It does not reflect caution, uncertainty, or deference
- 1:03:59to a legislature.
- 1:04:00It reflects a bureaucrat's confidence, a confidence that
- 1:04:04her interpretation is more than a valid substitute
- 1:04:07for the law and that enforcement priorities can
- 1:04:11be re-engineered from within.
- 1:04:13Now, a side point here, all the documents
- 1:04:16that are referenced in this are available at
- 1:04:19civicoutlaws.com under a current events or recent
- 1:04:23activity or whatever that, whatever that says out
- 1:04:25there.
- 1:04:26I've got it pulled up, but I'm not
- 1:04:28going to go look at it.
- 1:04:29Copies, copies of these internal communications have been
- 1:04:32public released and are already available through civic
- 1:04:35outlaws published materials.
- 1:04:36They are referenced here not to litigate personality,
- 1:04:40but to document institutional mindset.
- 1:04:43One in which administrative discretion is understood as
- 1:04:47sufficiently broad to reshape enforcement without new legislation,
- 1:04:51rule-making or clear public notice.
- 1:04:55That mindset collided inevitably with a changing legal
- 1:05:00landscape.
- 1:05:02In June of 2024, United States Supreme Court
- 1:05:05decided Loper Bright Enterprises v.
- 1:05:07Raimondo.
- 1:05:08Re-centering courts not agencies is the ultimate
- 1:05:11interpreter of statutory meaning.
- 1:05:14Missouri followed the same path.
- 1:05:16Effective August 28, 2025, Missouri law now directs
- 1:05:19courts to decide all questions of law without
- 1:05:22deference to agency interpretations.
- 1:05:26The message is unmistakable.
- 1:05:29Administrative confidence is not legal authority and statutory
- 1:05:34meaning does not expand by internal bureaucratic consensus.
- 1:05:39This article is written at the intersection of
- 1:05:42those two moments and internal expansion of perceived
- 1:05:45autonomy on the one hand and a judicial
- 1:05:48and legislative reassertion of limits on the other.
- 1:05:52The dispute that follows while originating in a
- 1:05:55specific licensing context raises a broader question with
- 1:05:59consequences far beyond alcohol regulation.
- 1:06:03What happens when an agency treats discretion as
- 1:06:06power interpretation as law and licensure as leverage.
- 1:06:11After courts have said that deference is over,
- 1:06:16civic outlaws exists because that question is no
- 1:06:19longer theoretical.
- 1:06:21It is being lived, litigated and paid for
- 1:06:24in real time by regulated citizens and businesses.
- 1:06:28This article does not ask readers to take
- 1:06:31sides on policy preferences or cultural debates.
- 1:06:35It asks something far more basic and far
- 1:06:38more American that government agencies stay in their
- 1:06:42lane, read the statutes they are given and
- 1:06:45respect the limits imposed by law.
- 1:06:49The rest of this article explains how the
- 1:06:51line was crossed, why it matters and why
- 1:06:55administrative autonomy, however blessed cannot replace constitutional
- 1:07:00accountability.
- 1:07:02The anti-deference shift, why courts not bureaucrats
- 1:07:07decide what a statute means.
- 1:07:09A liquor license is supposed to be boring.
- 1:07:12It's a tax stamp with rules post the
- 1:07:15license check ID.
- 1:07:17Don't serve to minors.
- 1:07:18Don't let fights spill in the parking lot.
- 1:07:21It is not supposed to be an open
- 1:07:24ended character trial, a morality referendum or a
- 1:07:29bureaucratic guessing game where a business owner has
- 1:07:32to predict what a state agent thinks is
- 1:07:35lewd on any given night.
- 1:07:38And yet in Missouri, that's exactly the kind
- 1:07:41of government creep this story exposes creep as
- 1:07:45a noun, the creeping expansion of power and
- 1:07:48creep as an action, the practice of sliding
- 1:07:51authority into places it was never granted.
- 1:07:53That creep is why a new charitable organization,
- 1:07:58civic outlaws exists to put a public spotlight
- 1:08:01on administrative overreach, weaponized discretion, and the quiet
- 1:08:05normalization of because we said so government.
- 1:08:10Now I'm going to stop right here because
- 1:08:11there's also a third and you can call
- 1:08:14it a noun as well.
- 1:08:15The government creep.
- 1:08:17Just take a picture of your favorite Burke
- 1:08:19bureaucrat and throw it up there.
- 1:08:21That's your government creep.
- 1:08:23But I didn't want to be horrible in
- 1:08:25my story.
- 1:08:26And there's a second part of it too.
- 1:08:28Um, remember I make the, a lot of
- 1:08:31these same allegations in not just this area.
- 1:08:34This story tells you why we exist, but
- 1:08:38it's not the only story.
- 1:08:40There's plenty more.
- 1:08:41And if you have any stories, you can
- 1:08:42always put them out through, uh, through your,
- 1:08:45uh, state rep, through your, uh, senator or
- 1:08:48even through a civic outlaws.com on the,
- 1:08:51uh, whistleblower page.
- 1:08:52So the catalyst of all this was Jack's
- 1:08:56Inc doing business as gentlemen quarters.
- 1:08:59Jack's a long standing Lake area business that
- 1:09:03has operated for decades.
- 1:09:05And by testimony has been in the community
- 1:09:08for almost 40 years with the same liquor
- 1:09:11license, with the same premises, with everything, all
- 1:09:14the same.
- 1:09:16At a December 20, at a December three
- 1:09:192025 hearing, council emphasized that the establishment had
- 1:09:23operated in essentially the same position for years
- 1:09:26and had almost 40 years of community presence.
- 1:09:30At the same hearing, the record underscores what
- 1:09:33civic outlaws views as the deeper issue, a
- 1:09:36state agency using a licensing lever to impose
- 1:09:40consequences that look and feel punitive without procedural
- 1:09:45protections that normally attach when government accuses someone
- 1:09:49of a crime.
- 1:09:52This article is written to be diplomatic, but
- 1:09:54it is not written to be timid.
- 1:09:56If the public is expected to obey the
- 1:09:58law, the government should be expected to stay
- 1:10:01in its lane, read the statute and follow
- 1:10:03it.
- 1:10:04That is not a radical position.
- 1:10:06It's the old American idea.
- 1:10:08So old, it used to be called civics.
- 1:10:11The U S Supreme court corrects a decades
- 1:10:14long civics problems for years.
- 1:10:15The default operating system of modern government has
- 1:10:18been agency interpretation.
- 1:10:21Legislatures wrote broad rules.
- 1:10:23Agencies filled in the details.
- 1:10:25Courts often deferred.
- 1:10:27That deference has been increasingly questioned nationwide by
- 1:10:31citizens.
- 1:10:32By the way, the U S Supreme court's
- 1:10:34June, 2024 decision in Loper bright V Ramundo,
- 1:10:38a six Oh three U S and they
- 1:10:40haven't picked a number yet because it's so
- 1:10:42new is commonly described as rejecting, overturning Chevron
- 1:10:48deference to bureaucratic interpretation and recentering courts as
- 1:10:53the preferred interpreter of statutory meaning.
- 1:10:56Missouri's own administrative review statute RSMO five 36,
- 1:10:59one 40 moved in the same direction in
- 1:11:01an amendment effective August 28, 2025, a recent
- 1:11:05Cole County circuit court order from January, 2026
- 1:11:08quotes the heart of that statute.
- 1:11:10By the way, I believe this is the
- 1:11:11first appearance of interpreting of a court having
- 1:11:16to interpret five 36 dot one 40 after
- 1:11:19the change of the legislature.
- 1:11:22So I think this is important what the
- 1:11:23court does here.
- 1:11:24So this bears following out in Cole County
- 1:11:27court.
- 1:11:28Let's see.
- 1:11:29But the quote there says the court shall
- 1:11:32decide all questions of law without deference to
- 1:11:35any prior determination that may have been made
- 1:11:38on the question by the agency.
- 1:11:39Just like the statute five 36 dot one
- 1:11:4240 reflects that sentence is the point.
- 1:11:47It's the dividing line between a government of
- 1:11:49laws and a government bureaucrat deciding that we
- 1:11:52interpret however we want.
- 1:11:54Civic outlaws view is blunt.
- 1:11:56The modern administrative state trains the system to
- 1:12:00treat agency interpretation as expertise, but bureaucratic confidence
- 1:12:05is not legislative intent and no replacement for
- 1:12:08constitutional authority.
- 1:12:11Legitimacy comes from a statute, not from a
- 1:12:14bureaucrat's job title to Jack's litigation sits on
- 1:12:18that fault line.
- 1:12:19The state's position stated openly in December 20
- 1:12:22December 3rd is that the ATC can look
- 1:12:25beyond chapter three 11 and use good moral
- 1:12:30character as a kind of universal hook.
- 1:12:33If you violate the law, you respect, you
- 1:12:38lack respect for the law and that can
- 1:12:40be used to restrict or deny alcohol licensure.
- 1:12:45Now pause for a second.
- 1:12:47That's nonsense.
- 1:12:48It's a big, it's a good sentence, but
- 1:12:51who gets to define my good moral character?
- 1:12:55Some a bureaucrat.
- 1:12:56Hell no.
- 1:12:57I want the good moral character to at
- 1:12:58least be defined by the by the statute,
- 1:13:03you know, by the legislature.
- 1:13:04Anyway, I continue.
- 1:13:08If you lack, if you violate the law,
- 1:13:10you lack respect for the law and that
- 1:13:12can be used to restrict or deny alcohol
- 1:13:15licensure.
- 1:13:15The plaintiff's position is that this becomes a
- 1:13:18backdoor criminal enforcement regime, particularly where the law
- 1:13:23being invoked is outside of ATC's licensing lane
- 1:13:27statutorily and instead is administrative enforcement of a
- 1:13:32criminal code carrying penalties arguably worse than criminal
- 1:13:37consistent consequences.
- 1:13:40The going 70 in a 30 73 in
- 1:13:43a 70 program.
- 1:13:46Who decided who decides what's preposterous and where
- 1:13:49does it stop?
- 1:13:51The December 3rd transcript of the Cole County
- 1:13:54circuit court hearing contains a moment that should
- 1:13:56matter to anyone who has ever dealt with
- 1:13:59an agency that thinks bureaucratic discretion is a
- 1:14:02blank check.
- 1:14:02During argument about good moral character, the court
- 1:14:06tested the state's logic.
- 1:14:09If moral character equals respect for the law,
- 1:14:12does any alleged violation of the law count?
- 1:14:16The court pressed, so I'm going 73 in
- 1:14:19a 70 do I lack respect for the
- 1:14:22law?
- 1:14:22Where does that lie?
- 1:14:24The assistant attorney general responds by calling that
- 1:14:27example preposterous explaining that no one would use
- 1:14:31that as an excuse to revoke a license
- 1:14:34and that any such attempt would be overturned.
- 1:14:39But the exchange is not about speeding.
- 1:14:41It's about structural weakness in the state's theory.
- 1:14:46The difference between enforcement and overreach becomes whatever
- 1:14:49the agency and later a judge might decide
- 1:14:53is reasonable, preposterous or ludicrous in hindsight.
- 1:14:56How is that any sort of licensure standard?
- 1:15:00Is the public expected to live under such
- 1:15:03restrictions without question?
- 1:15:05Must longstanding businesses bleed money in real time
- 1:15:08between the interpretation and the ultimate conclusion of
- 1:15:12the case?
- 1:15:14Apparently so.
- 1:15:15And I say that because a temporary relief
- 1:15:18was not granted to the license holder.
- 1:15:20He was for reasons outlined here.
- 1:15:22We'll get here.
- 1:15:23And, and you know, that decision is the
- 1:15:25decision.
- 1:15:25It's not the ultimate decision.
- 1:15:26We'll get to that in a minute.
- 1:15:28If the rule is we can treat any
- 1:15:30alleged violation of any statute as evidence of
- 1:15:34bad character, the next question is unavoidable.
- 1:15:38And it really is which alleged violation will
- 1:15:42be treated as serious enough to punish a
- 1:15:48business owner by restriction of the business's liquor
- 1:15:52license.
- 1:15:54Hmm.
- 1:15:55Curious, isn't it?
- 1:15:59Who decides how consistently with what written standard
- 1:16:03and with what due process when the agency's
- 1:16:06accusation is of alleged criminal activity, Jack's licensure
- 1:16:11choice and the reality of coercion.
- 1:16:15A recurring theme in these disputes is the
- 1:16:17word voluntary.
- 1:16:19Agencies love that word.
- 1:16:21If a business voluntarily alters operations, governments get
- 1:16:25to deny responsibility for the consequences.
- 1:16:29The December 3rd transcript shows why civic outlaws
- 1:16:33rejects that framing.
- 1:16:35The testimony reflects that Jack's could sell liquor
- 1:16:38inside its establishment for nearly 40 years up
- 1:16:42until June 27, 2025 that was the day
- 1:16:47their liquor license was denied for 2026 or
- 1:16:51the 2025, 2026 year.
- 1:16:53And that after their denial, ATC deigned to
- 1:16:59allow the sale of alcohol outside the facility,
- 1:17:02but not inside.
- 1:17:03They could sell it out in the yard.
- 1:17:05The record reflects the practical problem.
- 1:17:09After documents and conversations with ATC, the witness
- 1:17:12testified that the ATC made it very clear
- 1:17:15they were not going to give me a
- 1:17:17license to operate inside of the establishment.
- 1:17:21So they forced him to agree to only
- 1:17:24outside.
- 1:17:25And you could argue about the, uh, you
- 1:17:27know, cause that it's as bad character that
- 1:17:29he's operating inside cause he's allegedly breaking the
- 1:17:32law, but he still has, isn't bad character
- 1:17:36dependent upon the person and not dependent upon
- 1:17:39the location.
- 1:17:40This is nonsense.
- 1:17:41Uh, you know, that's the gun to the
- 1:17:43head issue.
- 1:17:43If you limit your license premises, you, you
- 1:17:46aren't, uh, uh, you have good character if
- 1:17:50you limit your license, but if you don't
- 1:17:51limit your license, you don't have good character.
- 1:17:54Nonsense.
- 1:17:55Anyway, that's the gun to the head issue
- 1:17:56in plain English.
- 1:17:58When government controls your license and says you
- 1:18:00can operate, but only if you accept these
- 1:18:03restraints.
- 1:18:04When your business is shut down by government
- 1:18:06overreach, calling agreement compliance and voluntary is legal
- 1:18:11fiction.
- 1:18:13Civic outlaws position is that a licensing system
- 1:18:16cannot be allowed to function as a coercion
- 1:18:19machine that accomplishes through conditions.
- 1:18:22What the government would struggle to prove through
- 1:18:25criminal process at the same here, uh, the
- 1:18:29SOB statute and the bootstrapping problem chapter three
- 1:18:3211 as a portal into chapter five 73,
- 1:18:36five 73 is a criminal statute, uh, which
- 1:18:39ATC has no authority to enforce at the
- 1:18:42same hearing council for ATC conceded an important
- 1:18:46historical point.
- 1:18:48He stated that he was unaware of this
- 1:18:51statute to pro hit five 73 prohibited the
- 1:18:54sale of alcohol at gentlemen's clubs where it'd
- 1:18:57been being sold for 40 years, by the
- 1:18:59way, until he discovered it in 2022.
- 1:19:02That's a remarkable admission on its face.
- 1:19:05It suggests that for years, whatever enforcement existed
- 1:19:08was inconsistent, localized, or simply not pursued the
- 1:19:12way it is.
- 1:19:12Now the administrators changed it around.
- 1:19:15The state's theory is that none of that
- 1:19:17matters because the agency is applying administrative law.
- 1:19:21Even if it's five 73, they're only applying
- 1:19:24it administratively and three 11 dot zero six
- 1:19:27zero requires all licensees to possess good moral
- 1:19:31character, which it defines as respect for the
- 1:19:36law.
- 1:19:36So in other words, we can use chapter
- 1:19:38three 11 licensing standard to enforce compliance with
- 1:19:42other laws.
- 1:19:43We have no statutory grant of power to
- 1:19:46enforce and they don't.
- 1:19:48Civic Outlaws calls that bootstrapping using an administrative
- 1:19:53licensing statute as a portal into criminal law
- 1:19:56enforcement without any criminal procedure.
- 1:19:59This is not abstract.
- 1:20:00The hearing record reflects the plaintiff's argument that
- 1:20:03there had been no finding that any criminal
- 1:20:05violation of any relevant criminal standard other than
- 1:20:09the agent said so, and that the administrative
- 1:20:12process is effectively declaring him guilty of a
- 1:20:15criminal violation without due process and without the
- 1:20:19protection of criminal burdens of proof.
- 1:20:22The state for its part argued that the
- 1:20:24underlying sexually oriented business determination remained pending at
- 1:20:29the administrative hearing commission, but that the business
- 1:20:31model itself is predicated upon alcoholic sales in
- 1:20:35that context.
- 1:20:36Whether one agrees with the state's policy goal
- 1:20:38or not.
- 1:20:39Civic Outlaws point is procedural.
- 1:20:41If a state carries crim, I'm sorry if
- 1:20:44a statute carries criminal consequences and social stigma,
- 1:20:48the government should not be able to achieve
- 1:20:50the same effect through administrative shortcuts and discretionary
- 1:20:54labels.
- 1:20:54If he's guilty of a crime, charge him
- 1:20:56with a crime.
- 1:20:57Don't steal his alcohol license.
- 1:20:59In short, that's nonsense.
- 1:21:02And he's not, by the way, even what
- 1:21:04they're alleging he did, it's not violating the
- 1:21:07law.
- 1:21:08Him.
- 1:21:08It's him allowing other people to allegedly violate
- 1:21:12the law in another spot.
- 1:21:13It's a nonsense.
- 1:21:13The whole thing.
- 1:21:15The court orders careful, preliminary and still a
- 1:21:18long road.
- 1:21:20It is tempting, especially in public facing advocacy
- 1:21:22to treat a judge's initial order as the
- 1:21:25decision they were in the court.
- 1:21:27They, they, they were only asking for a
- 1:21:29preliminary orders to allow him to go back
- 1:21:31to the way he was operating before.
- 1:21:34That would be inaccurate here and Civic Outlaws
- 1:21:37does not want to misstate the posture.
- 1:21:39The January 2026 order on the request for
- 1:21:42temporary restraining order and preliminary injunction reflects a
- 1:21:45narrow procedural focus.
- 1:21:48Injunctions are extraordinary relief and plaintiffs have to
- 1:21:51show among other things, irreparable harm and no
- 1:21:54adequate remedy at law.
- 1:21:56So the court denied injunctive relief and relief
- 1:21:58and importantly did so without reaching any merits
- 1:22:02argument that Civic Outlaws believes remains on the
- 1:22:05table.
- 1:22:05The court stated a practical point that matters
- 1:22:08going forward.
- 1:22:09The order notes that Jack held the license
- 1:22:11for the entire premises and later for outside
- 1:22:15the bar only.
- 1:22:17And the only difference was a change in
- 1:22:19the description of the license premises.
- 1:22:22I think we're going to put up later
- 1:22:23the transcript of that hearing because it, uh,
- 1:22:26it could be interesting for you to read
- 1:22:28the admissions that they made.
- 1:22:31I'm not sure.
- 1:22:32We'll have to figure that out.
- 1:22:33The order further references argument by the assistant
- 1:22:36attorney general that a voluntary change could be
- 1:22:40processed by Jack's and notice that Jack's had
- 1:22:43not yet applied to turn it back to
- 1:22:45the same premises it occupied 40 years earlier.
- 1:22:48Well, they'd already been told, no, you can't
- 1:22:50do it.
- 1:22:50The only way we're giving you a license
- 1:22:52is if you do it.
- 1:22:53But what he argued and the court put
- 1:22:55in the temporary dark argument was, well, they
- 1:22:58say you can change it back, change it
- 1:23:01back, you know, send it out, change it
- 1:23:03back.
- 1:23:03And he's put that application out there.
- 1:23:07I'm sure we'll put most of that out
- 1:23:08online as well because it's important how these
- 1:23:11administrators act.
- 1:23:13It's wrong.
- 1:23:14Uh, and we'll see what they do to
- 1:23:16justify this.
- 1:23:17It's going to be funny.
- 1:23:18Anyway, the story continues.
- 1:23:20The article continues too.
- 1:23:22In plain terms, the case is not over.
- 1:23:24The court did not hand the state a
- 1:23:25blank check and the operational harm continues while
- 1:23:29the procedural steps play out.
- 1:23:32That time lag is the problem.
- 1:23:34Civic Outlaws keeps emphasizing.
- 1:23:37Courts can correct overreach eventually, but eventually is
- 1:23:41cold comfort when a business that sold indoors
- 1:23:44for years is told it must sell outdoors
- 1:23:46only through a narrow carve out during an
- 1:23:49ongoing fight and in a bitter cold Missouri
- 1:23:52winter.
- 1:23:54The police department issue when an agency renames
- 1:23:58itself as a police force enforces criminal statutes
- 1:24:01like a police force and then calls it
- 1:24:04a typo.
- 1:24:06Civic Outlaws is also focused on a separate
- 1:24:08unsettling theme.
- 1:24:10ATC documents that refer to the alcohol and
- 1:24:13tobacco control.
- 1:24:15Police department ATC repeatedly denied using that designation
- 1:24:20in sunshine law correspondence.
- 1:24:23Then when confronted with multiple examples of ATC's
- 1:24:29own produced investigative records using that phrase on
- 1:24:33a form responded that it was a mistake.
- 1:24:36They had done it for at least five
- 1:24:37years.
- 1:24:38Civic Outlaws views that as implausible on its
- 1:24:42face.
- 1:24:42One typo is a mistake.
- 1:24:44A multi-year pattern of documents branding the
- 1:24:47agency as a police department is culture.
- 1:24:50Words matter because they signal posture.
- 1:24:53Administrative enforcement is supposed to be bounded and
- 1:24:56reviewable.
- 1:24:57Police department language signals something else.
- 1:25:00Criminal posture, intimidation, and the implicit threat of
- 1:25:04punitive power.
- 1:25:06Civic Outlaws criticism here is straightforward.
- 1:25:09If an agency wants to act as a
- 1:25:11police department, it should be governed like one
- 1:25:15clear statutory authority, clear limits, clear reporting, clear
- 1:25:21accountability, and constitutional guardrails.
- 1:25:25And if the ATC is not a police
- 1:25:27department, it should stop talking like one in
- 1:25:31its official records, especially when those records are
- 1:25:35used against citizens and businesses.
- 1:25:40Who made you the decency czar?
- 1:25:44Finally, there is the enforcement culture issue.
- 1:25:48The thing normal people understand immediately, even if
- 1:25:53they don't know a single statute number.
- 1:25:56Civic Outlaws has described, including in its own
- 1:25:59documentary content on its website, civicoutlaws.com, an
- 1:26:04episode in which an ATC agent allegedly demanded
- 1:26:09a license holder at a swim up bar
- 1:26:12location at the lake.
- 1:26:14Remove a female patron because pubic hair was
- 1:26:18visible at the edge of her bikini.
- 1:26:21This story is jarring for a reason.
- 1:26:25It highlights how quickly alcohol enforcement can morph
- 1:26:29into morality enforcement and how quickly discretionary judgments
- 1:26:35about bodies become leverage over business licenses.
- 1:26:40Even leaving aside the specifics of that anecdote,
- 1:26:44the underlying concern is real and recurring.
- 1:26:48Who gave an ATC agent the authority to
- 1:26:51decide on sight what is lewd enough to
- 1:26:55jeopardize a license?
- 1:26:57What written standards govern that decision?
- 1:27:01Is it uniform across the state?
- 1:27:04Is it appealable in time to matter or
- 1:27:07is it simply the agent's own morality backed
- 1:27:11by the threat of administrative punishment?
- 1:27:15Civic Outlaws answer that is not how legitimate
- 1:27:18government is supposed to work.
- 1:27:21If the legislature wants an agency to enforce
- 1:27:25a morality code, it can say so clearly,
- 1:27:29define it carefully and cabin it tightly.
- 1:27:34If it has not done that, interpretation becomes
- 1:27:38freelancing bureaucracy and freelancing with licensing power is
- 1:27:43nothing but coercion.
- 1:27:46Why Civic Outlaws exists and what comes next.
- 1:27:50The creation of Civic Outlaws is not a
- 1:27:52branding exercise.
- 1:27:53It is a response to a pattern, administrative
- 1:27:56discretion, expanding into areas that look criminal, moral,
- 1:28:00and punitive without corresponding procedural protections.
- 1:28:05Jax is the origin of that story, but
- 1:28:07not the end point.
- 1:28:09Civic Outlaws intends to track and publish on
- 1:28:11a range of civil liberties and overreach issues,
- 1:28:14including surveillance tools like flock cameras, search and
- 1:28:18seizure boundaries, bureaucratic lockdown power, remember COVID, and
- 1:28:24the growing habit of treating citizens as subjects
- 1:28:28who must plead for permission instead of rights
- 1:28:32bearing adults who can demand justification.
- 1:28:36Some will call that anti-government.
- 1:28:38It isn't.
- 1:28:39It's pro constitutional.
- 1:28:41It's the old school position.
- 1:28:43Government must be limited, transparent, and accountable precisely
- 1:28:49because it is powerful.
- 1:28:52And yes, the Jax litigation is still in
- 1:28:55the long game.
- 1:28:56The court orders to date are preliminary, careful
- 1:29:00and procedural in important respects.
- 1:29:03Meanwhile, the legal fight continues over what authority
- 1:29:08ATC actually has, how it uses discretionary character
- 1:29:12and lewdness, and whether the administrative process is
- 1:29:17being used to impose consequences that belong in
- 1:29:22a criminal courtroom with full due process.
- 1:29:26Civic Outlaws will keep watching, not because it
- 1:29:29enjoys conflict, although I do, but because government
- 1:29:32creep only grows when ignored.
- 1:29:36If the public has learned anything in the
- 1:29:38past few years, regardless of your political tribe,
- 1:29:42it is this.
- 1:29:43Unchecked government does not stay polite for long.
- 1:29:48And that's the conclusion of the article, friends
- 1:29:50and neighbors.
- 1:29:51Um, I put in about the author part
- 1:29:53down there and I'm going to read that
- 1:29:54just because it's self-promotion.
- 1:29:57Samuel Trapp's founding member of Civic Outlaws and
- 1:29:59Modern Law Ecosystem initiatives focused on exposing administrative
- 1:30:03overreach, defending civil liberties, and restoring statutory limits
- 1:30:07on government power.
- 1:30:09He's also the host of the daily Lake
- 1:30:11of the Ozarks damn radio, radio program, international
- 1:30:14flavor, where he examines legal political and international
- 1:30:17developments through the lens of constitutional accountability and
- 1:30:20institutional restraint.
- 1:30:22What is that?
- 1:30:23A longtime critic of unchecked administrative authority, Trapp
- 1:30:26writes and speaks frequently on government creep across
- 1:30:30regulatory licensing and professional discipline systems.
- 1:30:36The end.
- 1:30:38All right.
- 1:30:39Well, that brings us to the end of
- 1:30:41the very first rerecording of, uh, Civic Outlaws
- 1:30:46show this a M I am Samuel Trapp.
- 1:30:50We intend that, uh, on damn radio for,
- 1:30:54uh, damn radio.com forward slash live is
- 1:30:59where you can listen to great music all
- 1:31:01the time and very good talk programs very
- 1:31:09frequently throughout the week.
- 1:31:10And, uh, you can listen to a podcast
- 1:31:13versions of all of those things at, um,
- 1:31:18damn radio.com forward slash podcast.
- 1:31:21Everybody's out there.
- 1:31:22Ike Skelton's out there and Ike's got, you
- 1:31:24know, his, the horror, horror story, the horror
- 1:31:27tale told, um, about his, uh, run in
- 1:31:32with the, uh, overzealous regulatory lot and criminal
- 1:31:39lot.
- 1:31:40And, uh, and you know, who can blame
- 1:31:41him for, uh, for the, uh, resolution of
- 1:31:44that, uh, that horrific issue, but more needs
- 1:31:48to be done about flock cameras, about police
- 1:31:51departments taking the power that they are taking
- 1:31:53on the administrative side and about administrative side,
- 1:31:57taking police power into their own.
- 1:31:59It's nonsense.
- 1:31:59You just grow your own, you grow your
- 1:32:01own power because you're working in the government.
- 1:32:05I dishonor a dislike.
- 1:32:07I despise such activities.
- 1:32:10Stay where you've been permitted to be.
- 1:32:13You're just a government employee and you need
- 1:32:16to do what the government intends to you.
- 1:32:18And that on its base terms is look
- 1:32:21out for the public first and yourself and
- 1:32:25your organization and increasing power to a much
- 1:32:29lesser degree.
- 1:32:30And if you're out there or are you
- 1:32:32consider it in light of some of the
- 1:32:35people and what the Missouri legislature required under
- 1:32:39the new version of five, uh, 36.140,
- 1:32:45perhaps you, Mr. Bureaucrat should read that.
- 1:32:49And, uh, and I appreciate you listening to
- 1:32:52this program.
- 1:32:53Um, I, uh, participate.
- 1:32:57I, I, I, I think it's wonderful.
- 1:32:59I have a song I want to look
- 1:33:01for while I go out.
- 1:33:03It's from a favorite movie of mine and
- 1:33:05it's not going to be part of the
- 1:33:07record on the show, but I'm looking for
- 1:33:08it and I want to make sure it
- 1:33:10gets set up properly so that I can
- 1:33:13play that.
- 1:33:14And then, uh, I show a depart the
- 1:33:17studio.
- 1:33:18So I appreciate you listening.
- 1:33:19I hope you listen to civic outlaws every
- 1:33:22Friday morning, seven 30 to about eight 45.
- 1:33:26And, uh, I hope you listen to international
- 1:33:29flavor with me for, uh, every morning, Monday
- 1:33:32through Thursday, seven 30 to nine AM.
- 1:33:40Uh, that is the end of the show.
- 1:33:45I hope you have a very, very nice
- 1:33:47day and I want to play for you
- 1:33:50something that's pretty funny.
- 1:33:52Um, well, you know what?
- 1:33:53You won't, you won't understand it anyway.
- 1:33:55So I'll do that another time.
- 1:33:57And, uh, uh, I will have my music
- 1:33:59ready for the next time that I stopped
- 1:34:01them.
- 1:34:01And so right now we're going to kick
- 1:34:03you back to your music, uh, that you
- 1:34:06like so much here on damn radio.
- 1:34:08Jr puts a pretty good pile of music
- 1:34:11together for us.
- 1:34:13And so I encourage you to listen to
- 1:34:15all of the talk here, but also all
- 1:34:19of the wonderful music that plays when the
- 1:34:22talk is not ongoing.
- 1:34:25Have a very nice day.
- 1:34:26See you next time.