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WBEN NewsRadio 930>Audio & Video on Demand>>5-7 Tom Bauerle Show Hour 3

5-7 Tom Bauerle Show Hour 3

May 7, 2014|

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Automatically Generated Transcript (may not be 100% accurate)

News radio 930 WBA. And it's. I wore -- down upon you with great. India hold to a ball that ends this month -- -- and welcome to the New -- yeah. If they got -- extreme conservatives they have no place in this State of New York no one -- with an assault rifle. -- -- And -- The -- ball club. Tom hourly. Column. -- -- Now what about how much -- -- and I could have got covered up right and welcome. It's live its local capital. Well it's. Like it's huge it's Tom hourly and IQ. You have -- news. Item like a orders. Yeah yeah yeah. Not. I big guy shouldn't admit this but -- twenty year old son that's how he greets me. You have Boston's. I'd like Balkans. Kind of like an inside family joke now. Yeah I took my kids -- team America world police way back when. Yeah I did it was just horrible parent. Anyway it is at ten minutes hey give my kids turned out well at all it's because of my saint of an ex wife. And you know I'm serious one of these they haven't talked to let them wired one of these days I'll bring it in my ex wife and were gonna do a shell. About. How you can actually be friends after one of the most legendary. And bitter divorces. Ever because I do consider my ex wife to be among my very best friends and she would say the same. About me so go through it now. -- Remember. Things you say now. Words you can never take back. So what that show at some point I think you'll be great for you guys not -- for us because were -- where fronts. We're -- -- great difference but for you guys. Are right now on WB EM let me go two up very Covert. Because actually we we agree on something very is a passionate defender. The bill of rights of the constitution. Of the United States as am I. And a very I saw your bit on channel two and WG RC TV was kind enough to lettuce -- use the audio of Michael wooten is peace and the subsequent peace covering the cell phone spying equipment's. Bought by the Erie county sheriff's department and we have Chris Jacobs last week begging for money for eight ends for the auto bureau. And we've kind of sheriff spending money on something that is in violation I think of the word and the spirit. Of the Fourth Amendment. Give me your thoughts in general about law enforcement. And it's legitimate. Access to what is on our cell phones. Gary -- I don't I don't I don't believe that without you'd troll registry. And I knew. A Warrick after reviewing the information that is typically required in any search warrant. By the federal government state government and our country human being. Except at different circumstances. Absent a neutral magistrate looking at an information greens -- law enforcement that they have the right to intercept. That communication. When you have a legitimate expectation of privacy -- an -- and the judge reviewing that information -- I think it's definitely a constitutional. Absolutely illegal reprehensible. The only bad part about this is made to another market anymore after this note information came out and -- -- never disclose information that would really available. And I are included from from literature that I passed out similar that it. Some people I felt very I have to tell you this I don't know that this probably will surprise you. But some people were surprised by my support of mr. Snowden. Exposing. The American government for what it is becoming the same as every other government the world has ever known. Violating our privacy or personal rights our liberty and doing so at an accelerated rate. And Snowden let the American people know how badly were being bones. He he really started that conversation off in a major weight could storage and -- even out there because. Even before his story there were already stories out there that FB IC IA and the city. We're going to cut it pretty huge sums of money into openly saying it because we're trying to collect all the data we can't. The problem or at least we can't go through that -- -- quickly enough to figure out what point can point to put together for investigation but there -- -- -- -- every. Know who really focused -- argument. Here because what it is similar to what happened now in Erie county it and he made everybody feel as though there -- states. What it would give me your collecting data of note showed that. Merck held. The chancellor of Germany that the US effort that our communication to -- into the country's well being intercepted and utilized by. Now you can share department admitting they've got technology ebitda. That would allow -- -- -- -- -- it took all of the communication would've won my immediate all the information ourself all the and they even need to get up there in their mind. Apparently they don't even need to get a judge to sign up for prior approval on it. Under what article three of title three of the federal law in the section 250 have been -- KP the law which through which would require prior search warrant. And somewhere very excuse me very -- and I know that you and I come from the same cloth get a started. On this subject and we just talked and talked and talked the difference of course being you know what you're talking about because your lawyer. -- Little compliment her for you bury but oh well all right well it guys it's not a twister with -- million either but. I want to but but this this is where it's him it's important because look I am very personally disappointed in sheer -- I would not trust him at this point. Within the pro Second Amendment movement. As a former New York State trooper frankly -- -- a -- I kind of wonder if he's a plant I kind of wonder if he's pretending to be something he isn't. Because the inconsistencies. Between vehemently supporting the Second Amendment and yet feeling free to exercise -- bodily function all over the Fourth Amendment is so striking. As as to be recognizable even to with three year old. And I wanna share with you Barry. I -- every everybody in my audience because. So we're very pro gun here on the buy -- show very pro Second Amendment here on the ball early show. But I'm also very pro you know one through ten the entire bill of rights. And the Fourth Amendment to the constitution. People need to understand theirs and I need to read it to you and get your interpretation. There are up. The right of the people. To be secure. In their persons. Houses. Papers. And -- facts. Against unreasonable searches and seizures. Shall. Not. The violated. That is as strong as shall not be infringed the Fourth Amendment says -- should have altered. Shall not be violated. And in order because our founding fathers knew that governments became these giant citizen crushing back -- -- they edit. No warrants shall issue but upon probable cause supported by oath or affirmation. And part accurately describing the place to be searched and the persons or things to be seized in other words a police and the government are not entitled to go on a fishing expedition if they're gonna start poking around your stuff they have to have probable cause to do it. And particularly. Tell a judge what in the hell they think they're gonna find. And why they think they're gonna find it supported by an oath or affirmation and the cell phone towers. These fake towers that power purchase you wanna talk about just urinating all over the Fourth Amendment this is horrible. And and the strip art here is that no one confirming. Share is not confirming the county now confirming. -- confirmed for a long time to channel -- that they even had the device of children suspected. They had to do multiple -- is technicality and various. Government entities -- our children by -- great. Of investigative work with him to piece together at that point the -- it -- But what they can't do right now is obstruct our ability to know whether they're using those machines and so they're not answer. So they paid 270000. Whatever awards. In 2008. Initially and then another seventy some thousand dollars last year 20122 updated. We presume I would like to hope that the county. -- cut spending that kind of money without utilizing whatever it is its airspace to money out except in this case I -- eat. That they are not utilizing these devices without our search. If -- and search for. You just say so that's OK you an idea that -- prologue sport but when they're acting within the confines of the law -- -- have -- In the confines of the four could let me and -- believe just how you're getting -- worker. How how quickly you can -- how he -- shall that your department director a position. They're both devices are illegal went -- our earlier Barry Colbert shut one up on Delaware and west eagle and collects all the communications and data. From the share. Well you're making a presumption that I haven't set up one in my own house already. There you go. It let me tell you something else -- you law enforcement slip on this issue in quickly come after -- devices and whoever utilizes that and you can't collect. Almost -- messages. You can't collect all the information you can't collect email -- -- search warrant your private citizen there are no different colossal. Very I know your lawyer and you probably have -- really hot personal life and everybody chasing you down get a lot to be your body at the bar were British you socialized. Continues stay out with me for awhile and yeah you. Know I've seen I've seen pictures of you you're you're an attorney -- Now granted. I and the best looking man in buffalo media it's not an issue for me I can always teach you that at all hours. As it happily married guys you can have that. -- -- -- -- -- OK well then I won't I I won't teach you because there'd be no reason for a YouTube called -- grace Marie an inch. An attorney I greatly respect by the way. And I really -- now -- very Covert is our guest lenders radio in my thirty WB and my question is can you hang out texts and calls for people. Like how long like -- till six. Yes yes you can make some changes in -- -- -- could be available -- Of course you can very -- is whether it's on WBE and last time I get really pissed off that period has we have differing views on the Alex -- case but it on this one we are. Totally in -- and by the way there's things I don't agree with -- Thompson. But we're still you know buddy buddy you know -- You can't expect everybody to agree and every single issue let's go to traffic right now we can all agree that Alan Harris is the best traffic reporter Alan. And AccuWeather cloudy tonight little rain overnight low 48 tomorrow cloudy shower or thunderstorm and seventy. And Friday it might get up 79 degrees and of course rain and thunderstorms area. A possibility. We're talking with Barry Colbert and we're talking about the Erie county sheriff's department peeing away. Between trading and the equipment over 300000 dollars were well apparently. On a system. That would gather. Every bit of information from your cell phone by tricking yourself -- into the thinking it is a legitimate cell phone tower there a couple of companies that produced these things. And in my view it's on American. And for sure powered to be mr. joke constitution on the Second Amendment but then to apparently not understand there's also Fourth Amendment I find that reprehensible. And I endorsed the guy heavily for reelection but if he just thinks that he can Willy Nilly choose the amendments he believes him. I have an issue because I believe in freedom and liberty and ladies and gentlemen in my audio it's because we are largely in a conservative Republican or my new word. Scoring by Rachel wells are conservative area and we can all agree that if Obama Hillary or George Soros did this we'd be pissed off and I would be pissed off. And I'm pissed off that Howard is doing it it's not the personality it's the principle. This is this contravene the Fourth Amendment to the constitution. Of the United States this is un American they're not supposed to be able to do -- what -- course very Covert do we have a got about ninety seconds that'll break that'll have more time in the next half hour. Forty to -- its code section ninety entry into civil rights violations section of the United States code. -- that can -- that you would go to court file a lawsuit is it your civil rights have been deprived but some action of the state. And that would include the sheriff's department the problem here and they're not telling anybody. They're prepared and except that the case have been captured. So it's kinda hard to be aggrieved party -- -- the -- open at least a tourniquet out volatile but Roberts would have. To believe that they would have used it. That's how they do their tongue according intercepted a sudden what it was better patient and it makes -- very difficult for the Asia you or somebody else to put together a lot or individual citizens. Until such a is that they disclose. That they utilize this information well they're court. You know what I'm gonna have to interrupt because I have a break I have to edit it at 524. But there may come a time when I may have to ask patriots to surround ten Delaware and demand answers from a guy who on the one hand says all for the constitution the Second Amendment. But then apparently doesn't think too much about the Fourth Amendment and I can almost guarantee you what the excuse is going to be public safety you know that argument is gonna be made it's all about public safety don't you give it. And that's being asked don't go when he worked on news radio 930 WB -- -- no way their. In 1942 there are a 1101000. Japanese American citizens in good standing law abiding people. Who were thrown into internment camps simply because their parents were born. In the wrong country that's all they did wrong had no right to a lawyer no right to a fair trial a right to a jury of their peers no right to due process of any kind. The only right they had right this way. Into the internment camps just when these American citizens needed their rights the most they're government. Step on the way. And rights -- rights of someone can take -- away their privileges that's all we've ever had in this country is a bill of temporary. Privileges and if you read the news even badly you know that every year the list gets shorter and shorter and shorter. Amanda it was George Carlin. The edited and truncated version of his you got. No rights bid which was brilliant filled with -- gas city and prescient it's. As George Carlin once. It is our lenders radio 930 WB -- my guest is buried Covert he's an attorney. He one of his area is our passion. Is your freedom as an American citizen. And your rights when faced with the black -- resource is big government can bring to bear against you should the government decide you are persona non Grata. And if you think that justice isn't sometimes directed against political foes I guess you haven't been following the IRS story. I guess you never heard of Watergate. And I guess you never heard of Eric Holder and the Justice Department spying -- through the and it's actually -- -- say as well. I'm reporters computers which not only violates the Fourth Amendment it also violates the First Amendment and frankly. People who authorized that should be put up against the wall and shot because days. And that's what you do with that with desperate and dictators -- -- tell. And that up in Yugoslavia. Where it was a Tito or the other guy in Romania to charge just -- just you in Romania. In 89 were with very Covert right now if you wanna talk to this guy this attorney who knows his stuff. 8030930. Is the phone number 8030930. Stock 930 on the cell phone. 180616. WB and I know I had people on hold for a long time I've got two lines open. And this is a great chance for you to ask a guy who is a lawyer I'm not a lawyer. Criminal. And behavior. And -- human anthropology. Is always that's what I do the cultural anthropologist the law is a big part of what I read on my own time. Whether it is notable British trials were great American court cases that's a big part of my reading at home because. I've got to do something in between the nonstop origin now while very Covert is -- -- and WB a very high I can almost predict. What their response is going to be from Tim Howard and the sheriff's department and it. Will be something like. We are all -- investing in this equipment for public safety. What if somebody goes missing like senior citizen. What if somebody goes missing like handicapped child this is only about your personal safety. They're gonna make this deep personal safety issue and you and I both know what Benjamin Franklin said about giving up liberty for safety. Absolutely your -- to do either one I think you -- have a problem responding at -- that's why they have not responded to the channel two investigation that response to the outcry now unless you gauge the market respond to this because. -- -- doing them in their response as much as her -- their silence what initiated respond. To assume that you say you couldn't do without award. But -- potentially opening yourself up to violations of federal state law it got real issue here I was very lawyer trying to figure out to be a person. Trying to figure out how long and respond to that Tom Bauerle shall now I have got a good -- you can't. You can't respond you can't go on the record because you go on the record you're gonna advocate you were -- people's information without them knowing it unabashed scale. Without getting any prior search warrant and that is by a relative of the Fourth Amendment in any way shape form. Okay here's a question if Erie county sheriff Tim Howard and his office are going to say what they've done with our freaking money. Isn't there a higher level shouldn't just be something that. Or do they don't wanna do it because the NSA he's been boning us for years. I don't want to speak for the US attorney's -- I think that they may have a problem. With hypocrisy at the -- actually he's been doing it and remember the industry came out about a year ago. And -- that they were using some of the race illegally gained information. Sending -- -- law enforcement agencies local law enforcement agencies and telling them to pick up people -- look at specific vehicles. But saying don't count they'll let anyone know the -- the source of how you're targeting those individuals who vehicles and they admitted to. So I think it's going to be very difficult for any law enforcement -- become bell -- the sheriff's department. Here remember -- -- going -- nationwide. Apparently there are a lot of federal agencies that have the device as. And and nobody will answer the question. Are you guys didn't search -- in more specifically required by the Fourth Amendment which -- you just rolled twenty minutes ago. And I it's on my FaceBook page and I think exploited brilliantly and and it very. When the founding fathers wrote that they used the word. Affects you will be saved you know when your person your house and you were up facts they can say cellphones -- ipads but boy did they think in the future by the network effects in my interpreting that correctly according to eighteenth century English. You are and I'm not going to let that you also when you -- a back exit papers and effects. Art digital communications now are our keepers. That's how we send messages to our back to their papers that he kept it they sure any it would apply to our back. But also in our papers. Nobody disputes an entity being me. This is now workplace electronic communications are replacing our papers this is how we're doing and he specifically said before. They don't want those papers don't want to communication -- -- facts. To be searched or heat without prior. Judicial magistrate saying that law enforcement has probable cause. So we don't get what we head under England rule which is -- army marching ordered or without war. And that's what they're doing out there using devices they're seen in this information without the judicial war. And basically what that means I mean here's the big picture folks what that -- news. The United States of America about what you learned at school. And civics classes and the constitution. Don't matter that the United States has become just another in a long line of totalitarian. States where you ain't got no stake in the rights and who is watching the watchers and -- the federal government. Walk away after Tim Howard because it engages in the same practice. Then who is gonna put this to an end I'm afraid it's going to be up to the patriots and either I'm not -- new England and frankly either Tim Howard. Needs to put out a statement on this. Or he needs to resign or ball. Because we the people -- at all we have a right. To expect our public officials to adhere to their -- to the constitution. And again these you do lay out here to say. We are not using this device without prior -- And if they're not saying that. -- supreme. Deafening silence. And what. And a hell would they need together people's private information in a one mile radius what legitimate reason could there be that is a fishing expedition of the worst time. If there's a legitimate reason that's why you go to a neutral magistrates say -- uncle would do everything. This is great a lie under both front -- I needed because XY NG because there's a missing person. And we think that they paid so what mr. within a -- we picked -- a predator it would in this just go to account that's what they've been doing for over 200 years. And not come up and you know what. Bury you notice a line of his cell phone companies have liaisons with police department's 24/7. So if some senior goes off wondering with a cell phone. The cell phone companies immediately cooperate with the cops immediately. Without a doubt all of recorders in the captured and secret it just requires a letter from the law enforcement agency explaining why they -- -- nation. And deliberately carriers and immediately freed and information. And comply with that in their requirement in the future per warned it may get -- they don't they go slow down for a second law enforcement. We need -- like trying to lead this area of awful seek a lot but wherever because this person what -- actually. And the carriers are all yes compliant with -- request. We are talking with buffalo attorney Barry Colbert and -- -- -- of phone calls guys guys he's only going to be here for like ten minutes are right he's cleared up his schedule. So call us. I think this is reprehensible especially from a guy who claimed to be Joseph freedom joke constitution when he wanted your boat. When he was in a tough reelection campaign here is my goal on that WBBM. Might go you're on Woodbury Covert. On WBE on welcomed addition. Thank you I have a question and I would like to know how off in the -- it is actually. Not signing a a war. It's a question. But that is very difficult to know exactly what these statistics because our -- don't know what collecting. It goes statistics so for a -- that we by the court the federal court secret court. I had bad. Greatly criticized because they almost have to. Be certain -- secret search warrant requests. Weather outlook a lot from the federal and state court judges actually denied a request is is -- really good question I don't know one. Keep those statistics are compare it to him for 24 years. I'm not familiar with that happening very often but that's just anecdotal. Great question by the way your caller was there another one you had. Now I'm not -- doubt -- because I I'm just you know I didn't thinking out loud you know that case it doesn't really matter what these sheriffs are gonna do because. The judges always understand what they doing it that makes a difference. Well -- picked out and respect for that I don't disagree with with where you're coming from a that I understand what you're like me. Under the federal and state certainly you'll get a -- He's -- -- items are specially for wiretap when you get communications. They're very strict requirements for a while you're at and to get electronic communication to get to choke on information. Your phone call in and -- in the law enforcement at the periodic report. Back to the court told the court what big pity okay and why -- have -- continue to get. And by not telling anybody whether they're actually using these devices under the chair department and not how in the quarter earnings report. We don't know whether they're getting mr. -- at a time and we don't know that they're ever going back to a Georgian saying. C dirt we were right we really didn't get information here search war which or. The article inventory report here what we have -- and we need to keep getting. Or even if you don't need to keep getting used to go back and filed with the court. Well -- information as to what you see. And then you can be criticized them what you should have broken through that he's agreed but right now. They're not telling us that they ever used this since 2008 with just hard to believe I hope it's true but they won't answer the question as -- why you think it. But that's illogical verdict because what -- not who I almost I almost dropped an F bomb. Why would you spend -- 300 grand on a machine without the intention of using at that makes no logical cents. Absolutely counter intuitive. And if you didn't use it since 2008. In those instances we're used to -- you did comply with the legal requirements and you've got to search warrant in the -- of a church or return their utilized here. But I would think that they will come right out and say. Yes you're right we do have that machine refuses to 2008 we really know -- people know edit. Well yes we do you have -- and we always obtain search warrants prior to getting information through that device. And here the court cases being here that -- ensure that we get. And they haven't spent. And they thought at every turn. -- suitability even get the information that they would have -- the so it's counterintuitive but believe that they spent all their money and they never used it. You know you -- -- prepared but that's true at least there that they would interpret it balanced but we didn't violate. Anonymous people Fourth Amendment right which is actually law. Well not only do we need public hearings but. I made. I am this close to saying Tim Howard needs to resign. This this violation is so egregious. And frankly the hypocrisy. Is so screaming. He has no credibility with me I would not trust him at any Second Amendment rally why would -- Because he doesn't get -- a darn about the Fourth Amendment. Here is that on the west side a WBM Dan you're on with the attorney Barry -- -- My question for apple because I am what is. It about like really -- I'm I'm -- now -- bought the gun rights but but but this failures kernel mode now. You know of a gun rights are important because it better and property. Hey hey Dan Dan I love it when you call -- -- our time is limited I just need you to get to a question please. But government how much it. And and its developers supplement -- you know Saddam all of elected because pick -- where do we go from here. Great question Dan very heavy Heidi -- fight City Hall when City Hall doesn't give a damn about our rights from City Hall all the way to the White House and the Supreme Court. I think we view it join in expanding efforts to have filed freedom of information request that -- channel to. Broke this story I think that more media outlets private citizens can write. Can file freedom of information requests. I think that we demand from our politicians. You I'm always gonna be -- of chief Howard speaker's chair Howard because we don't yet know. How aware and he used it under what circumstances and whether perhaps she did get search warrants. I hope he did and I hope that he did the -- training I really want to believe the best and our politicians. So in his defense programs that we don't know -- -- -- it really disturbing that you'll give it goes -- open action and account you'll get this sort Ito but let's. -- he did this all the right way. But -- way to stop this the week -- challengers is exactly what you're doing this show they ask our politicians to. Don't stop asking bandit. -- freedom of information request during the recollections of any politician estimate their parts of goodness you know because the legislature nation a state -- Authorized the purchase of the machine. So wide at their local politicians do that county politician. I need to I need to break right very I I have to break on WB and more -- very Covert coming up its hourly we're talking about your rights kids do you want your kids growing up and totalitarian police state I -- Aldo. And that's cloudy today and little rain 48 below tomorrow cloudy shower or thunderstorm seventy and right now what are we looking at their -- 65 we could get up four degrees now 65 news radio 930 WB end. It is -- hourly Barry Covert is an attorney he is passionate about your rights as an American and I am so and my friends. I just watch and understand and take note of separate. That this is not about the sheriff Howard is white. All right I'm not a racist year. This is about your rights. This is about your founding fathers the country your ancestors fought for and some of -- died for. And the Fourth Amendment Dan at all still should mean something. Let's go to John in Rochester. We've got one minute before I need to break John you a question. Bay Area I'm sorry out. Because global I'm and -- played filled Lazio who don't like profiling. -- -- Let's let's -- a key that the the fact that they can't profile anymore -- left that this type of thing where they've got to go after everybody where your spot. I just say you only. Yes I really I really would would not -- -- really wanted to marry you do get a ticket to current mentality all law or truck you manage change including. Our national intelligence agency -- Collect as much data you're talking and Fourth Amendment he did and you know we don't wanna be accused -- not connecting the -- is what happened in nine elevenths. And so we're gonna collect all that we really don't care about individual rights or use -- as we she. And some receivers and later want to -- as later we're just gonna say that in high standard earlier this is for the public this is to protect the public. You know historical record that -- of the president Franklin life that if you've got only a fool would give up individual rights for security and that's -- or. Indeed I need to break -- col -- is -- a really nice guy and he's not charging me his hourly rate this is not a billable hour he's second with -- -- about 630 under is ready at 930 WB it will let him grab some water. I need to pay and will be back -- news radio 930 WB Ian.

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