Colorado Red Flag Law: Constitutional Alternatives and the Student Loan Bailout

On January 3, 2023, Kim Monson examines two critical policy debates: former Castle Rock Police Captain John Anderson proposes constitutional alternatives to Colorado’s red flag law, while American Commitment President Phil Kerpen exposes how Biden’s student loan bailout forces 290 million Americans to pay for 40 million borrowers’ debts.

The Student Loan Bailout: 40 Million vs. 290 Million

Start listening at 70:46 – Hour 2

Phil Kerpen, President of American Commitment, provides a devastating analysis of Biden’s student loan forgiveness program. He argues the plan is both immoral and poorly targeted, benefiting people earning up to $250,000 while doing little for those truly struggling under massive debt.

“If the people who borrowed the money, the forty million people who borrowed the money, don’t have to pay it back, then the other two hundred ninety million people are paying for it, and that’s incredibly immoral.”

— Phil Kerpen, President, American Commitment

Kerpen traces the crisis to Ted Kennedy’s 2010 initiative to nationalize student lending, which was promised to generate $200 billion but instead created massive losses. He proposes reforming bankruptcy laws to allow student loan discharge while requiring colleges to absorb a portion of any discharged debt: “They’ve got to have an incentive to enroll students that have good prospects for being able to pay back those loans.”

“If you create a system where the buyer is not the payer, then you’re creating an incredible amount of upward pressure on prices.”

— Phil Kerpen, President, American Commitment

Colorado’s Red Flag Law and Constitutional Alternatives

Start listening at 32:27 – Hour 1

In this segment, John Anderson, former captain with the Castle Rock Police Department and SWAT team commander for 20 years, explains the serious due process concerns with Colorado’s red flag law. Anderson describes how judges make decisions based on “preponderance of the evidence” – a standard he calls “loosey-goosey” that can result in SWAT teams being deployed to citizens’ homes based on unverified complaints.

“It’s really loosey-goosey here on your rights, your Second Amendment, and many of your other rights.”

— John Anderson, Former Captain, Castle Rock Police Department

Anderson proposes building on the existing M-1 mental health hold law as a constitutional alternative. Under his proposal, complaints would go through police departments with proper investigation before any action is taken, and independent psychiatric evaluations would be required. He emphasizes: “I think it’s best that we address the mental issues here instead of trying to hammer laws and guns, seizures of guns and what have you.”

“Red flag has become a cornerstone in people’s minds because of how it was marketed. But M-1 is constitutional, and it’s been overshadowed, dropped off in the dark ages for red flag.”

— John Anderson, Former Captain, Castle Rock Police Department

Anderson plans to work with Senator Mark Baisley to introduce legislation based on this constitutional framework.