Sheriff Nick Smith Tells His Story/Charges – A Political Grab

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Summary

➡ This summary is about a weekly webinar hosted by CSPOA.org, where they discuss various topics related to America’s current state. They also mention their support system, which includes donations and purchases from their online store. The webinar also features a discussion with Sheriff Nick Smith from Alabama, who is under investigation by the Alabama Peace Officer Standards and Training Commission. The hosts express concern about the state’s control over sheriffs, arguing that the people should be in charge of their own sheriff. They also discuss the upcoming changes in Alabama law, which will make it a felony to employ anyone as a law enforcement officer who doesn’t meet the A Post requirements.
➡ A sheriff in Walker County is facing political pressure and legal challenges due to his methods of maintaining school security. When his regular School Resource Officers (SROs) were unavailable, he had jail staff park patrol cars in front of schools to deter potential threats. However, this has led to charges against him for appointing SROs who don’t meet certain standards. The sheriff believes this is a political move and expects the case to reach the Supreme Court.
➡ A sheriff, who has been in office for eight years and is running for his third term, is facing political challenges. Despite having the full support of the school board and being recognized for school safety, he is dealing with local political issues. He is also a strong supporter of gun rights and would resist any attempts at gun control. The sheriff is seeking support and is willing to participate in events to further his cause.

Transcript

Welcome folks to another edition of the CSPOA.org’s weekly Wednesday webinar. Myself, Jack Mullen, along with Sheriff Macker. Happy to be here with you again for another week of interesting stories in the world of trying to bring America back from the brink of extinction, basically, and what a wild time it is. Anyway, we’re happy you’re here. We’re glad that there are people that support this movement. We’ve made progress and as always, I need to remind you that we’re supported entirely by your gifts, donations and purchases. And you can do that@cspoa.org for example, example, you can go to the site right now and glance down our main menu bar on the left and notice that there’s a CSPOA store.

Also, the CSPA certification course. Maybe you, maybe it’s been a while since you boned up on the Constitution. Or you just want to have a nice certificate saying I know something about the Constitution, the cspa. Or you want to spend, or you want to spend six hours with me teaching you about the Constitution and cspoa. Absolutely. Six hours. Yeah. And that’s it. Also, we have some health related products from Global Healing, From Body Align for 5G, EMF dangers, mitigations that you might need for being living in a soup of Wi Fi, etc. We also have Storable Foods from Nevada Foods.

And of course you can always use Storable Foods. It’s not a matter of if, it’s a matter of when. There will be a time period when you’re going to need those foods. You can buy those all there at regular prices. And yet the CSPOA benefits and we appreciate the fact that you go there and make purchases. Sheriff Mac accepts silver and gold in the mail. Probably need to wrap it up properly, but it can be done. And in the meantime, we just want to say thank you for supporting us and welcome again to another edition of the CSPOA.org’s Wednesday webinar.

Sheriff Mack, welcome to the show. How are you, sir? Well, thanks, Jack. Doing really well and I guess we got a lot of things happening and we are, I am right now waiting for Sheriff Nick Smith from Alabama, who’s the subject of an attack or investigation by the Alabama bureaucracy that oversees certification, ongoing certification training for peace officers. In the state of Alabama it’s called apoc. In Arizona it’s AZ Poster, which means Arizona Peace Officer Standards and Training. In his case it’s Alabama Peace Officer Standards and Training Commission. And sometimes these state bureaucracies get a little bit Too big for their britches.

And that’s what’s happened in this case because they think that they’re in charge of the sheriff and telling him what to do and what he has to do in order to keep his employees certified as peace officers. Yeah, there he is. He’s arrested. So anyway, this story about Sheriff Smith that you brought to my attention, which I was really grateful for, this is actually a big story because every state has this in their state. Okay. But some of them take it way too far. And if you’ll recall, we had a battle with P. Cole, and that’s Texas Commissioner Law enforcement, whatever.

And it’s. It’s the same thing. It’s the peace officer standards and training bureaucracy set up by the state to make sure that all peace officers in the state, including sheriffs, are continuing their certification training every year. And most of it requires 40 hours of training every year. So it could be de escalation training, it could be firearms training, it could be first aid training, it could be high speed pursuits. Anything and everything along that line. Of course, it would be the law. So criminal code and traffic code are always part of ongoing training. It could even include learning about the macprint supreme court case, which in some states, that is certified training from us.

Okay, here he is. Okay, so now we have dispatch helping us locate Sheriff Smith. But Jack, what I want everyone to know is that this agency kind of denies the people being in charge. So the state wants to establish certification for the sheriff. Well, who’s in charge of the sheriff? Who does it report to? Who really is in charge of certifying your sheriff? It’s the people. And folks, this is why we are a constitutional republic. Because in a republic, the people choose their representatives and within the parameters of our Constitution. So when they say the sheriff has to do the will of the people, no, he has to serve the people and he has to listen to the people.

But if there’s, if the people ask him to do something that’s outside the Constitution, he has to say no. He has to refuse that because that’s what he promised to do when he took his job, that he would uphold, defend, protect and preserve the United States Constitution and thereby protecting the rights of the people. And all three branches have to take that same oath. And all three branches have the same duty to enforce and obey the Constitution, especially the Bill of Rights. So then this certification board gets established and, oh, we’re here to take care of all the law enforcement in the state.

And they don’t realize that they’re trampling upon the stewardship of the people to be in charge of their own sheriff. Now, several states, Arizona is one, in Alabama is another, that the sheriff cannot be required to be certified. And so when I was elected sheriff back 30 years ago or so, 35 years ago, even a little bit more actually, but I voluntarily took the two week course having already been certified in Utah, that’s all I was required to do. So instead of taking the three month police academy, if you’re already certified in another state, they allow you just to take a two week refresher course of the criminal code and the traffic code.

So you know how to write all those traffic tickets and know how to kick in those doors and arrest all the druggies and drunk drivers. Most of the criminal code and traffic codes are the same state to state. There’s very little difference there. There could be a little bit here and there, but most of them are about the same. What’s against the law in New York is usually against the law in Arizona or Alabama. So we’re dealing with. Now, do you. I guess you have Sheriff Smith on now. I see it is. So, Sheriff Smith, you need to push your moot button so that we can hear you.

Unmute the microphone please, sir. I texted him and told him to unmute himself. I don’t know if he can see it or not. Yeah, I don’t know. I might have to call him. Did he do it? Ah, way to go, Sheriff Smith. There it is. There we go. Okay, good. All right. There you are. Well, thank you so much for joining us. We’ve already been talking about you a little bit and I was already talking about a post C from Alabama. That’s how you say apoc. Yes, apost. Alabama Peace Officers Training and Standard Commission Standards and Training.

Yeah, yeah. So like I told you earlier on the phone, Arizona is AZ post. I also started in Utah and that was UT Post. And Utah is more strict than Arizona. And Arizona to run for sheriff, all you have to be is a registered voter. Is that how it is in Alabama? Yes, that’s right. So why don’t you explain to all our CSPOA members that are on the call today. Why don’t you explain what’s going on with you? You and I have never met and I was actually taken aback that you’ve never heard of the Constitutional Sheriffs and Peace Officers association, but you have now.

So. So anyway, tell us what the hell is going on with Alabama Post trying to run your office and run your life and run you out of business? I guess what’s up. It’s really. I’ve been charged with six misdemeanors, which amount to nothing more than a violation, which is a. No jail time, but it is a misdemeanor, and it carries from a fine from anywhere from a dollar not to exceed $1,000. So basically, it’s a lot of politics going on. It’s our election cycle. Our DA is supporting his longtime friend, which is the Jasper police chief that’s running against me.

They’re way down in the poll. So this is the last. This is a political grab, but they’re utilizing a post into this mix because D.A. is it. Is the D.A. the district attorney? Is he the same as the county attorney, or is that. Are they too different? That’s the district attorney. He is the prosecutor pretty much for our. Our county. Well, then what does the county attorney do? The county attorney just represents us as far as any kind of litigation and stuff like that. Okay. So he’s the legal advisor for county officials. So a Post is trying to make this massive grab statewide.

So starting October 1st, they just passed a bill in Alabama that takes effect October 1st. It makes it a felony to work anybody as a law enforcement officer that doesn’t meet the A post requirements. So A Post is using this thing with the DA as a kind of a launching pad to basically say, hey, you see what’s happened to this sheriff here in Walker County? If y’ all don’t get in line in the rest of the state, you’re going to be next. But it’s going to be a felony. So that’s kind of what’s going on is just a lot of politics.

But, you know, my attorneys and we feel confident that we’re going to win this, this thing just because of the constitutional powers that, that the sheriff has that, you know, this will probably make it all the way to the Supreme Court before it’s over. State Supreme Court or U.S. supreme Court, I think it make it to the U.S. supreme Court. Well, that’s going to take a long time. Is it like when I went to the Supreme Court, it took three and a half years. It ain’t going to be nothing overnight for sure. Because I’m assuming that, you know, when we have our trial for the six misdemeanors, if we win a post and we’ll appeal the decision, and then if we lose, we will appeal.

So it’ll just be an ongoing process. Well, I sure want to be a part of that. You know, been there, done that. And I think I told you I sued The Clinton administration. And they were trying, what they were trying to do is that they passed a law, a gun control law known as the Brady Bill. And they required, in the Brady Bill, they required the sheriffs enforce it for them. And I said, first of all, you can’t tell any sheriff what to do. A post cannot tell you what to do. They can be an advisory board and they can say these are the rules for peace officers.

But you run your employees. And I guess what happened, what you were trying to explain to me is that you had one of your jailers actually drive a patrol car to go place it in a strategic place to slow people down driving or, or to warn people that there was a cop at a local school so that they would be careful. And any, anyone with a criminal intent to go to a school believes that there’s a cop there. Correct. So this hasn’t been a problem. We’ve had an SRO program for the eight years that I’ve been sheriff.

You said SRO program, school resource officer program, and. Correct. So. Which hasn’t ever been a problem. But come this last October, the county commission cut our budget and they cut me from 104 employees down to 85 employees. So all of our SROs are APO certified. But what was happening and what they’ve charged me with is when those SROs called in sick and had the flu or was out. So it was very rare occasions, but we would tell the jail staff, somebody in the jail to take a patrol car, park it in front of the school and provide security and call us if there was a problem.

Right. And so that’s what they’ve charged me with is saying that I have appointed people as an SRO that doesn’t meet the APO standards. Wow. Well, that’s. Yeah. That’s why we don’t want bureaucrats running sheriff’s offices because they get to do, they get to doing stupid stuff like that. And, and I’m telling you right now, I know you were civil. Your, your office is also civil service, right? That’s right. And we were also. But I didn’t, I didn’t like the idea of having to go to a committee of civil service commission every time I disciplined an employee.

If they wanted to object to it or appeal it for some reason, then they go to civil service commission. And then that I, who have already been constitutionally elected by foreign of the people, have to answer to some three member commission whether or not I can reprimand one of my employees or suspend them or even fire them, which I only did one time. I only fired one deputy the whole time I was there. But the eight years that I was sheriff. But do you think that that’s kind of a problem too? Civil service and post trying to tell you how to run or discipline employees? Yeah.

So I am the only sheriff left in Alabama that’s under the civil service thing. It was voted in by the people back long before I was ever alive and it will take a vote for people to get it out. But I don’t have support of our local leaders to get rid of the civil service board. And the craziest thing about our civil service board is. Sounds crazy is if you want to be a deputy sheriff whether you’re certified or not, you go down there, you take a test, they send me three names at a time based off how you scored on a test.

Well, they may send me the first three names may be people that have no certification, no training. But yeah, I know that I got a guy that took the test, passed the test with 20 years experience. But I’ve got to hire one of those first three names that they sent me regardless if I know unless they’re convicted felon or they there’s something that just really sticks out to why they couldn’t be a police officer. I’ve got to hire one of those three people and I may have to hire three or four uncertified people just to get to somebody that certified to pass the test.

Just based off how they the system is. Well, when I first started in law enforcement I had a year and I don’t know if this is in Alabama or some other states that still do this. I had a year to get certified. So I was hired as a full time peace officer for the city of Provo and then a year later I went to the academy. So I was, I was doing field training with another officer, but I was also by myself quite a few times and of course they do ongoing training, especially with the fto, the field training officer.

But the official police academy to make me certified didn’t happen until a year later and, and I don’t know why they start thinking these are citizens become police officers. And I don’t believe there’s really a lot of magic to the certification. It takes somebody who one got common sense and two is just not going to be stupid and overplay the power of his badge. But there’s nothing magic. I don’t know if you disagree with me here. You can if you want to, but there’s nothing magical about certification. It you learn Some of the law and you learn how to handcuff somebody and you learn how to deal with high speed pursuits.

But how many officers in this country who are certified as peace officers and gone through the police academies, how many of them get washed out or do commit crimes or chase after women or have affairs on duty and blah blah, blah. It doesn’t stop that and it doesn’t stop the liability. And that seems to be the biggest thing they’re usually concerned about. What’s your response to that? No, I’ve got people that aren’t certified that would make better deputies than some of the ones I do that. That are certified. Exactly. And I believe that a good FTO is an on the job training is just as is viable as a post certification because it’s really just a formality.

You’re not really learning until you get out into the field and actually get some hands on experience. Like you said, you’re just learning some laws and they’re making sure that you can pass a bare minimum, you know, physical, you know, some kind of physical training. Yeah, and, and what I was startled about there is after you pass the police academy, you could become pretty lazy and fat and, and can’t run and can’t do push ups or pull ups and they don’t kick you out. They don’t kick, they don’t decertify you because you can’t run a half a mile and a half in 12 minutes anymore.

You know, whatever it is that you run. And, and I look at these huge officers, female and male, and I go, if they’re going to require me to be physically fit to graduate, why don’t I have to be physically fit to continue? So is that, is that a situation that exists in Alabama too? Yeah, same way, same thing. Yeah. See? Yeah, so that kind of sounds hypocritical to me, but so what, what are you looking at? What are they, what are they trying to make you do? Just besides, you can’t have a jailer in a police car parked in front of the school.

First of all, that is smart and that, that is creative police policing. That’s to me, that’s community policing at its best. Yeah, one of the, you’re just trying, you’re just trying to get the job done. One of the situations that they arrested me for or charged me with was the SRO at our school. Curry had called in about an hour before work, said he had the flu. And so we sent one of those civilian employees to the, to the school to man the front door. Well, while he is there. A drunk parent shows up and starts trying to knock the windows out of the school.

And he was able to intervene. And the school board stands behind us 100%. They’re 100% behind us. They even give this guy an award for school safety. We’ve had some of our SROs nationally recognized. So school board is behind us 100%. It’s just our local DA trying to help his. His, his friend. And then they’re utilizing a post to try to mask the fact that this is political. Well, both of them sound like they need to grow up a little bit, but, you know, that’s politics, and you’ve been around politics. How long have you been in office? I’ve been there eight years.

I’m running for my third term. Okay, well, we’re behind you all the way, Sheriff. And we want you to know that if you need some fundraising or you need me to come out, I’ve already committed to writing an article for you, maybe even doing one on video. We’ll help you in any way. I think. I think what would help is because I got listed pretty good. Our local paper ran something that was in the paper about this situation up in Arizona, and then our local paper here. Here shared it. And I think that it would do some good for an article or something from somewhere else, given another perspective that, you know, that I can’t really say right now, you know.

Okay, well, make sure I get a copy of that article, and if. If you don’t have my email, I’ll make sure you get that so you can email that article to me. But we are behind you. We’re going to help you. What? Let me ask you one thing. First of all, you live in a very conservative county, correct? Yeah, we’re 90, 95% Republican county. Okay, well, one of the big issues that we address, it seems like about every other month, is that there’s some state or county that wants to initiate gun control. If the state government or the federal government tried to initiate gun confiscation towards AR15s or AK47s or any other gun, what would be your response? What would you do? Not gonna.

Not gonna do it. So would you just not participate, or would you make sure that they did weren’t allowed to do it? I’d make sure they wouldn’t allow to do it, and I wouldn’t participate. Very confident. Well, that. That’s what we’re after. It sounds like you’re already on board with what we’re doing, so. But we believe that for all The Bill of Rights, we believe it for all of us, the Second Amendment being one of the most important, but it’s the most attacked amendment in the Bill of Rights, obviously, especially in Washington D.C. so, Sheriff, we’re going to let you go.

We know that you have so much to do and we really feel for what you’re going through, but we’re here to be behind you. You’ve got the entire organization behind you. We’ve got people out in Alabama that are. We have a state representative there, Rick Needham, and he’s a good man, very religious man. But we’re going to, we’re going to get behind you. We’re going to help you in any way that we can. And this, this does sound like a case that is headed to the Supreme Court. We, we certainly hope that they could resolve it before then.

But once these bureaucrats start lusting after power, these sort of things happen. Your boss is the people of Walker county, and we’ve got to make that very clear. And we’re having a conference about this in. I believe it’s going to be in September in Washington State, because the state of Washington is really going after sheriffs, trying to tell them how to do their jobs or how to participate in helping Tom Holman and ICE with deportation. And I’ve said whether sheriffs do that or not, it’s up to the sheriff. It is not up to the state legislature or to the governor.

If the sheriff wants to help with deportation, that’s up to him and the people he works for. Listen, man, any kind of events or something that y’ all have that you know, I could partake in if you’ll shoot me the information, man, I would love to. To be a part of. We, we plan to have you there. We will make sure that happens. Sheriff. Thank you. If, if you need anything else from us, you don’t hesitate to call me. I will not. I will. Like I said, Anything you can do to help me, man, I would greatly appreciate it.

Make sure I get a copy of that article that you want me to respond to. Yeah, I’ll give it to you, buddy. I appreciate it. Okay, thank you so much. I’ll look forward. I look forward to talking to you again, man. Thank you so much. See you soon. Thank you. Thank you. Bye bye. You know, Sheriff Mac, once the. Once people get their hands on an organization using the end around of certification, they have a way in that you can’t easily get rid of. And certification is always some sort of a system control. And as you can see in this case, it’s actually circumventing the entire process of electing a sheriff.

It’s saying, well, we don’t care if you’re elected. We have a certification system. And you don’t. You don’t have to limit it to just what they’ve got that for certification. It could be all kinds of things. They could certify you or uncertify you for a variety of other. Maybe some previous political organization that you were involved with, et cetera. There’s no way that this can be stopped. And it’s Lawfare, and that’s what he said in that article. It’s a political hit, and it’s definitely Lawfare. And that itself ought to be something that could be done in reverse to go after the people that are doing this, to try to affect his election like they did you with the FBI.
[tr:tra].


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