[00:00.000 --> 00:04.000]  which projects future wars, says Pakistan and Mexico could undergo
[00:04.000 --> 00:06.000]  quote, rapid and sudden collapse.
[00:06.000 --> 00:11.000]  The Mexican drug war backed heavily by the U.S. has turned into a shooting war
[00:11.000 --> 00:13.000]  between the military and drug gangs.
[00:13.000 --> 00:17.000]  A top U.S. official has for the first time admitted that a suspect
[00:17.000 --> 00:20.000]  incarcerated at Guantanamo was tortured.
[00:20.000 --> 00:25.000]  Judge Susan Crawford said she decided against prosecuting Saudi national
[00:25.000 --> 00:31.000]  Mohammed Al Qatani because his interrogation met the legal definition of torture.
[00:31.000 --> 00:36.000]  Israeli defense forces sent terrified residents fleeing in a crowded Gaza neighborhood.
[00:36.000 --> 00:39.000]  The IDF shelled a hospital, five high-rise apartment buildings,
[00:39.000 --> 00:42.000]  and a building with media outlets injuring several journalists.
[00:42.000 --> 00:46.000]  The International Federation of Journalists said at least five media professionals
[00:46.000 --> 00:50.000]  have been killed by Israeli forces in the recent Gaza conflict.
[00:50.000 --> 00:54.000]  The international press is still being kept from entering Gaza by Israel.
[00:54.000 --> 00:58.000]  This news brief is brought to you by the International News Net.
[00:58.000 --> 01:02.000]  Washington's army of homeless people is being cleared from the streets
[01:02.000 --> 01:05.000]  for Barack Obama's inauguration.
[01:05.000 --> 01:09.000]  One homeless man, Frank Mearns, said he works full-time but can't afford
[01:09.000 --> 01:11.000]  to pay Washington's high rents.
[01:11.000 --> 01:15.000]  Another man was displaced from his home in New Orleans by Hurricane Katrina.
[01:15.000 --> 01:19.000]  The effort to clear the streets of homeless people was unlike anything
[01:19.000 --> 01:22.000]  former homeless man David Pirtle has witnessed.
[01:22.000 --> 01:27.000]  Pirtle was on the streets during George Bush's second inauguration in 2005,
[01:27.000 --> 01:31.000]  but there were no large-scale sweeps like this one.
[01:31.000 --> 01:35.000]  Pirtle, who now works for the National Coalition of the Homeless, said,
[01:35.000 --> 01:38.000]  You can't make 12,000 people disappear.
[01:38.000 --> 01:43.000]  A dozen shelters with 2,800 beds will be open around the clock in Washington
[01:43.000 --> 01:45.000]  from Sunday until Wednesday.
[01:45.000 --> 01:49.000]  Up to two million people are expected to descend on Washington for the inauguration,
[01:49.000 --> 01:53.000]  some paying tens of thousands of dollars a night for a hotel room.
[01:53.000 --> 01:57.000]  Top of the hour news brought to you by INN World Report.
[01:57.000 --> 02:01.000]  During his confirmation hearings in 2007, Attorney General Michael Mukasey
[02:01.000 --> 02:06.000]  refused to call waterboarding torture, and to this day he has not called it torture.
[02:06.000 --> 02:10.000]  In his confirmation hearing, Wednesday Attorney General nominee Eric Holder
[02:10.000 --> 02:12.000]  said he believes waterboarding is torture.
[02:12.000 --> 02:16.000]  Holder said waterboarding was used by the Khmer Rouge under Pol Pot
[02:16.000 --> 02:19.000]  and by the Inquisition in the Middle Ages.
[02:19.000 --> 02:23.000]  Holder said it was used also by the Japanese in World War II
[02:23.000 --> 02:27.000]  and was prosecuted then by the U.S. as a war crime.
[02:27.000 --> 02:31.000]  Holder said we prosecuted our own soldiers for using it in Vietnam
[02:31.000 --> 02:34.000]  and that other countries would be violating international law
[02:34.000 --> 02:37.000]  if they waterboarded U.S. citizens.
[02:37.000 --> 02:43.000]  Holder also said the president cannot immunize officials who committed acts of torture,
[02:43.000 --> 02:46.000]  saying, quote, no one is above the law.
[02:46.000 --> 02:50.000]  Barack Obama told George Stephanopoulos recently in an interview, quote,
[02:50.000 --> 02:54.000]  I have said that under my administration we will not torture.
[02:54.000 --> 03:19.000]  Bad boys, bad boys, what you gonna do, what you gonna do?
[03:19.000 --> 03:24.000]  Bad boys, bad boys, what you gonna do, what you gonna do?
[03:24.000 --> 03:28.000]  When they come for you, bad boys, bad boys, what you gonna do,
[03:28.000 --> 03:31.000]  what you gonna do when they come for you?
[03:31.000 --> 03:34.000]  When you were eight and you had bad traits,
[03:34.000 --> 03:36.000]  you'd go to school and learn the golden rules.
[03:36.000 --> 03:39.000]  So why are you acting like a bloody fool?
[03:39.000 --> 03:42.000]  If you get hot then you might get cool.
[03:42.000 --> 03:46.000]  Bad boys, bad boys, what you gonna do, what you gonna do?
[03:46.000 --> 03:50.000]  When they come for you, bad boys, bad boys, what you gonna do,
[03:50.000 --> 03:53.000]  what you gonna do when they come for you?
[03:53.000 --> 03:56.000]  You took it on that one, you took it on this one.
[03:56.000 --> 03:58.000]  You took it on your mother and you took it on your father.
[03:58.000 --> 04:01.000]  You took it on your brother and you took it on your senior.
[04:01.000 --> 04:03.000]  You took it on that one and you took it on me.
[04:03.000 --> 04:06.000]  Bad boys, bad boys, what you gonna do,
[04:06.000 --> 04:09.000]  what you gonna do when they come for you?
[04:09.000 --> 04:12.000]  Bad boys, bad boys, what you gonna do,
[04:12.000 --> 04:21.360]  Bad boys, bad boys, you bad judges, you police, prosecutors.
[04:21.360 --> 04:23.960]  What are you going to do when we come for you?
[04:23.960 --> 04:27.440]  Randy Kelton and Deborah Stevens coming for you.
[04:27.440 --> 04:29.320]  All right.
[04:29.320 --> 04:36.040]  This is the Monday, January 19th edition of the Rule of Law here on Rule of Law Radio.
[04:36.040 --> 04:38.200]  I encourage everyone to check out the archives.
[04:38.200 --> 04:42.560]  We have podcasting, we have RSS feeds.
[04:42.560 --> 04:46.120]  Just had a great show by Dr. Frederick Graves of Juris Dictionary.
[04:46.120 --> 04:50.080]  He's on Monday evenings from 6 to 8 p.m. Central Time.
[04:50.080 --> 04:55.400]  Radio Free Oklahoma has moved to Wednesday nights, 8 to 10 p.m. Central Time.
[04:55.400 --> 05:01.920]  We want to welcome all our listeners on Radio Liberty, 1640 a.m. up in Sioux Falls, South
[05:01.920 --> 05:05.000]  Dakota and Omaha, Nebraska.
[05:05.000 --> 05:06.000]  Thanks for joining us tonight.
[05:06.000 --> 05:12.160]  We're on the air on FM stations in Madison, Wisconsin, Oklahoma City, Tulsa, Austin and
[05:12.160 --> 05:13.160]  more.
[05:13.160 --> 05:14.480]  All right.
[05:14.480 --> 05:19.920]  I want to start off with an article tonight, see what Randy's take on this is.
[05:19.920 --> 05:24.480]  Got a recent Supreme Court ruling from last week.
[05:24.480 --> 05:29.680]  I was so busy, hadn't had a chance to research the news that much, but this just came to
[05:29.680 --> 05:30.680]  my attention.
[05:30.680 --> 05:31.680]  Okay.
[05:31.680 --> 05:34.280]  This was last Wednesday.
[05:34.280 --> 05:39.960]  The Supreme Court said Wednesday that evidence obtained after illegal searches or arrests
[05:39.960 --> 05:47.280]  based on simple police mistakes may be used to prosecute criminal defendants.
[05:47.280 --> 05:58.000]  The justices split 5-4 along ideological lines to apply new limits to the court's so-called
[05:58.000 --> 06:04.000]  exclusionary rule, which generally requires evidence to be suppressed if it results from
[06:04.000 --> 06:09.380]  a violation of a suspect's Fourth Amendment right to be free from unreasonable search
[06:09.380 --> 06:10.600]  or seizure.
[06:10.600 --> 06:16.760]  The conservative majority acknowledged that the arrest of Benny Dean Herring of Alabama
[06:16.760 --> 06:22.320]  based on the mistaken belief that there was a warrant for his arrest violated his constitutional
[06:22.320 --> 06:23.320]  rights.
[06:23.320 --> 06:29.760]  Yet, the court upheld his conviction on federal drug and gun charges.
[06:29.760 --> 06:33.520]  This is from the Associated Press last Wednesday.
[06:33.520 --> 06:38.600]  Murphy County, Alabama, sheriff's deputies found amphetamines in Herring's pockets and
[06:38.600 --> 06:43.400]  an unloaded gun in his truck when they conducted a search following his arrest.
[06:43.400 --> 06:48.120]  It turned out that the warrant from neighboring Dale County had been recalled five months
[06:48.120 --> 06:54.800]  earlier, but the county sheriff's computers had not been updated.
[06:54.800 --> 07:00.400]  Chief Justice John Roberts, writing for the court, said the evidence may be used, quote,
[07:00.400 --> 07:07.200]  when police mistakes are the result of negligence, such as that described here, rather than systemic
[07:07.200 --> 07:12.280]  error or reckless disregard of constitutional requirements.
[07:12.280 --> 07:19.720]  Justices Samuel Alto, Anthony Kennedy, Antonin Scalia, and Clarence Thomas sided with Roberts.
[07:19.720 --> 07:26.640]  In a dissent for the other four justices, Justice Ruth Bader Ginsburg said the ruling,
[07:26.640 --> 07:32.440]  quote, leaves Herring and others like him with no remedy for violations of their constitutional
[07:32.440 --> 07:33.440]  rights.
[07:33.440 --> 07:35.760]  Well, she got that right.
[07:35.760 --> 07:41.180]  Ginsburg said accurate police record keeping is of paramount importance, particularly with
[07:41.180 --> 07:45.200]  the widespread use of electronic databases.
[07:45.200 --> 07:51.040]  Justices Stephen Breyer, David Soder, and John Paul Stevens also dissented.
[07:51.040 --> 07:57.720]  Herring was arrested after a coffee sheriff's employee asked her counterpart in Dale County
[07:57.720 --> 08:03.560]  whether Herring, called, quote, no stranger to law enforcement, quote, by Roberts, was
[08:03.560 --> 08:04.560]  wanted in Dale.
[08:04.560 --> 08:11.400]  An arrest warrant had been issued in Dale, but it had been recalled in July 2004.
[08:11.400 --> 08:17.320]  The sheriff's electronic records, however, still showed it was a valid warrant.
[08:17.320 --> 08:21.640]  Depending on that information, Coffee County deputies arrested and searched Herring.
[08:21.640 --> 08:26.800]  The Dale employee, meanwhile, discovered the warrant was no longer valid and called Coffee
[08:26.800 --> 08:30.520]  County to say so, but it was too late for Herring.
[08:30.520 --> 08:35.840]  Some courts have ruled that as a deterrent to police misconduct, the fruits of a similar
[08:35.840 --> 08:38.680]  search may be excluded from evidence.
[08:38.680 --> 08:43.160]  But the 11th US Circuit Court of Appeals in Atlanta said that suppressing evidence in
[08:43.160 --> 08:48.360]  Herring's case would be unlikely to deter sloppy recordkeeping.
[08:48.360 --> 08:54.040]  The case is Herring v. US, comma, 07-513.
[08:54.040 --> 09:03.760]  Okay, Randy, so now John Roberts is saying that, well, the police can make mistakes and
[09:03.760 --> 09:09.560]  violate our rights, and, you know, it's no big deal, and it's inadmissible as evidence
[09:09.560 --> 09:13.120]  as long as it's not a systemic problem.
[09:13.120 --> 09:18.920]  If it's just like a, just some kind of a flippant mistake, you know, just a one-time deal or
[09:18.920 --> 09:19.920]  whatever.
[09:19.920 --> 09:25.080]  Well, it sounds to me like their computer's not being updated is indicative of a systemic
[09:25.080 --> 09:31.160]  problem, and my whole take on it is, I don't really care if it's a systemic problem or
[09:31.160 --> 09:32.160]  not.
[09:32.160 --> 09:37.000]  We have rights, and that's just the way it is, so what's up with the Supreme Court?
[09:37.000 --> 09:43.120]  Well, it is the tightest changing.
[09:43.120 --> 09:47.080]  It is the conservative court that we have now.
[09:47.080 --> 09:52.760]  We've been expecting these kinds of changes.
[09:52.760 --> 10:00.640]  We've been expecting a number of changes that we can expect to undermine a lot of our rights
[10:00.640 --> 10:05.600]  in favor of prosecution.
[10:05.600 --> 10:13.120]  This one's going to be a problem unless, you know, we have a way to protect ourselves if
[10:13.120 --> 10:20.920]  we, like for instance in this case, whether or not the conviction stands or not, the arrest
[10:20.920 --> 10:27.600]  was a false arrest and false imprisonment, and they're subject to civil litigation based
[10:27.600 --> 10:31.600]  on that.
[10:31.600 --> 10:41.400]  This is a big problem because they're saying that they're allowed to use the evidence obtained
[10:41.400 --> 10:49.560]  with an illegal search and seizure on a bogus warrant because, oh, well, it's just a, you
[10:49.560 --> 10:57.040]  know, it's just a little mistake with the police's computers, so who cares about their
[10:57.040 --> 11:03.240]  constitutional rights, and even John Roberts admitted that he violated the guy's constitutional
[11:03.240 --> 11:09.840]  rights, but, well, it's okay anyway.
[11:09.840 --> 11:13.900]  This is going to be a big problem, and we're going to have to, you know, I have to think
[11:13.900 --> 11:15.960]  about how to get at this one.
[11:15.960 --> 11:21.080]  It's false imprisonment if the constitutional rights were violated.
[11:21.080 --> 11:26.840]  They may be able to use the evidence later to sustain a conviction for something else,
[11:26.840 --> 11:32.400]  but it's still false imprisonment for arrest on the original warrant.
[11:32.400 --> 11:35.800]  They should definitely sue the police officers.
[11:35.800 --> 11:38.600]  Well, yeah.
[11:38.600 --> 11:47.800]  We're going to see more of it if we don't do something to fix it, and off the cuff,
[11:47.800 --> 11:53.520]  I want to come up with an elegant way of going after it, but I'll have to think about this,
[11:53.520 --> 12:01.760]  and we have the courts laying down rules that are opening the door for a police state.
[12:01.760 --> 12:09.360]  It sounds like, you know, they don't, they're not too concerned if the police violate law
[12:09.360 --> 12:12.120]  and don't keep up their books, you know.
[12:12.120 --> 12:18.520]  The police, when they know they can do this, a warrant will never be removed from the books,
[12:18.520 --> 12:20.120]  ever.
[12:20.120 --> 12:22.040]  Why?
[12:22.040 --> 12:29.520]  What reason do they have now to not arrest people on bogus warrants?
[12:29.520 --> 12:32.200]  These guys have opened a tremendous door.
[12:32.200 --> 12:36.640]  Yeah, it's like Pandora's box.
[12:36.640 --> 12:39.520]  How are you going to close it?
[12:39.520 --> 12:44.600]  The only way we're going to fix this is go after the policemen when they arrest on a
[12:44.600 --> 12:49.280]  bogus warrant, but then what the courts are going to say, well, they acted in good faith
[12:49.280 --> 12:57.880]  and reliance, then we need to find a way to go after whoever didn't upgrade the computer.
[12:57.880 --> 13:02.560]  The sheriff himself, he's the one that sets the policy.
[13:02.560 --> 13:07.000]  As respondent superior, then he gets negligence.
[13:07.000 --> 13:16.240]  Let's see if you're reckless, this is recklessness.
[13:16.240 --> 13:22.680]  He is recklessly negligent, you'd go after the sheriff for malfeasance.
[13:22.680 --> 13:28.200]  He failed to upgrade his records, he calls the constitutional violation.
[13:28.200 --> 13:33.060]  So that also creates a tort to the sheriff.
[13:33.060 --> 13:38.240]  Maybe the police officers who kicked the door in can claim good faith reliance, but the
[13:38.240 --> 13:45.880]  sheriff can't because he created the circumstances by negligence.
[13:45.880 --> 13:50.720]  We have to find a way to go after them.
[13:50.720 --> 13:58.360]  Well, I mean, I would say just continue on with what we're doing, and if they want to
[13:58.360 --> 14:02.920]  take it back up to the Supreme Court, then let them.
[14:02.920 --> 14:09.360]  It sort of goes to the issue that I wanted to talk about tonight, and it's about checks
[14:09.360 --> 14:10.360]  and balances.
[14:10.360 --> 14:15.440]  Tonight, I was going to talk about attorneys, how to deal with attorneys and keep them from
[14:15.440 --> 14:24.480]  allowing your rights to be violated, but this is a similar subject.
[14:24.480 --> 14:31.080]  We need to take the police closer to task.
[14:31.080 --> 14:39.560]  Most of the people who talk to me about their problems, they're only concerned with what
[14:39.560 --> 14:43.360]  they're accused of doing.
[14:43.360 --> 14:49.400]  I want to stop them and say, wait, wait, wait, let's not get to merits yet.
[14:49.400 --> 14:51.480]  Let's get to merits last.
[14:51.480 --> 14:56.260]  That should be absolutely the last thing you get to.
[14:56.260 --> 15:01.440]  The first thing you should get to is due process.
[15:01.440 --> 15:05.960]  Did they follow the law?
[15:05.960 --> 15:13.120]  And in looking at that, we need to look at every detail, every step.
[15:13.120 --> 15:22.160]  If the police arrest me on a warrant that has been recalled and my department doesn't
[15:22.160 --> 15:27.560]  know about it, I want to know exactly why this department doesn't know about it.
[15:27.560 --> 15:29.640]  Whose fault was that?
[15:29.640 --> 15:31.600]  I was harmed here.
[15:31.600 --> 15:32.680]  Who was fault?
[15:32.680 --> 15:36.760]  Who was at fault for it?
[15:36.760 --> 15:39.940]  And then we take them to court.
[15:39.940 --> 15:41.360]  We file suit against them.
[15:41.360 --> 15:50.000]  And these are all administrative procedures that don't come under the immunity from civil
[15:50.000 --> 15:51.800]  liability.
[15:51.800 --> 15:58.360]  You're only immune from civil liability for things you do in the performance of your duty.
[15:58.360 --> 16:00.960]  It administrative functions different.
[16:00.960 --> 16:07.960]  The sheriff, by failing to have his officers perform administrative functions, they don't
[16:07.960 --> 16:10.520]  have liability for that.
[16:10.520 --> 16:17.800]  And if they have one here that five months has been recalled for five months and they
[16:17.800 --> 16:22.880]  don't know about it, that is a systemic problem.
[16:22.880 --> 16:31.040]  And for a suit, which one was it, Chief Justice Brown?
[16:31.040 --> 16:35.080]  No, John Roberts, listen, we're going to break and we've got a caller, Vincent, from Texas
[16:35.080 --> 16:36.080]  on the line also.
[16:36.080 --> 16:37.760]  All right, Randy, please finish up on the other side.
[16:37.760 --> 16:38.760]  We'll be right back.
[16:38.760 --> 16:56.000]  This is the rule of law on rule of law radio.
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[18:21.480 --> 18:30.480]  If I can't believe my eyes, I've got to believe my heart.
[18:30.480 --> 18:39.480]  If I can't believe my ears, I've got to believe my heart.
[18:39.480 --> 18:49.480]  Yeah, if I can't believe the newspapers, I've got to believe my heart.
[18:49.480 --> 18:58.480]  If I can't believe the radio, I've got to believe my heart.
[18:58.480 --> 19:05.480]  And my heart said, whoa, wait a minute.
[19:05.480 --> 19:09.480]  You know I'm out here in this wilderness alone.
[19:09.480 --> 19:14.480]  Troubles you bring to me make me feel like home.
[19:14.480 --> 19:19.480]  Just because you can't find the sleep in this reality.
[19:19.480 --> 19:47.480]  Reality, reality, reality.
[19:47.480 --> 20:06.480]  I keep finding myself in places where I've got to believe my heart.
[20:06.480 --> 20:15.480]  Not much to go on in some cases, so I've got to believe my heart.
[20:15.480 --> 20:25.480]  I keep finding myself in situations where I've got to believe my heart.
[20:25.480 --> 20:34.480]  I might not possess a proper education, so I've got to believe my heart.
[20:34.480 --> 20:41.480]  And my heart said, whoa, wait a minute, wait and see.
[20:41.480 --> 20:45.480]  I know you truly want what's best for me.
[20:45.480 --> 20:50.480]  And I'll try to be just what you want me to be.
[20:50.480 --> 20:59.480]  Just because you can't find the sleep in this reality.
[20:59.480 --> 21:01.480]  All right, this is the Rule of Law.
[21:01.480 --> 21:08.480]  Randy Kelton and Deborah Stevens on Rule of Law Radio, ruleoflawradio.com.
[21:08.480 --> 21:10.480]  Please support our sponsors.
[21:10.480 --> 21:11.480]  Give them a call.
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[21:13.480 --> 21:18.480]  Please support our sponsors, people, because it really does keep us on the air.
[21:18.480 --> 21:20.480]  All right, we've got a caller, Vincent from Texas.
[21:20.480 --> 21:23.480]  Vincent, if you would just sit tight for a moment.
[21:23.480 --> 21:28.480]  Randy was just about to explain about a systemic problem.
[21:28.480 --> 21:36.480]  And yeah, apparently John Roberts doesn't seem to realize that five months of this warrant not being cleared
[21:36.480 --> 21:40.480]  on the computer is not, that is a systemic problem.
[21:40.480 --> 21:41.480]  Apparently Roberts thinks it's not.
[21:41.480 --> 21:43.480]  So go ahead, Randy.
[21:43.480 --> 21:46.480]  Roberts was brought in for this purpose.
[21:46.480 --> 21:49.480]  They wanted a more conservative court.
[21:49.480 --> 21:55.480]  Bush is trying to create a police state, and he's not going to get it with a liberal court.
[21:55.480 --> 22:02.480]  So he selected as conservative an individual as he could.
[22:02.480 --> 22:05.480]  And Roberts was sheared away over there.
[22:05.480 --> 22:09.480]  And we've always been in this battle back and forth.
[22:09.480 --> 22:12.480]  So we're just going to have to fight them harder.
[22:12.480 --> 22:18.480]  Yeah, but to me, conservative would mean somebody who would be more of a strict constitutionalist.
[22:18.480 --> 22:21.480]  You know, this is not conservative.
[22:21.480 --> 22:29.480]  And once again, I'm highly disappointed in Scalia, OK, because he's supposed to be Mr. Conservative, too.
[22:29.480 --> 22:30.480]  But look what he did.
[22:30.480 --> 22:38.480]  He ruled in favor, you know, he ruled on the side of atrocity, just like he did in the Rach versus Ashcroft case
[22:38.480 --> 22:42.480]  when Scalia single handedly annihilated states' rights.
[22:42.480 --> 22:49.480]  Now, these people are supposed to be conservative, and they're ruling anything but.
[22:49.480 --> 22:50.480]  Nothing we can do about it.
[22:50.480 --> 22:51.480]  They're there.
[22:51.480 --> 22:53.480]  We can't get rid of them.
[22:53.480 --> 22:58.480]  We just have to make it come back on them.
[22:58.480 --> 23:02.480]  We have to start suing the crap out of police departments.
[23:02.480 --> 23:05.480]  Sue them every time they move.
[23:05.480 --> 23:08.480]  If the courts won't hold them to task, we need to do it.
[23:08.480 --> 23:10.480]  That's going to be the only answer.
[23:10.480 --> 23:14.480]  And that's what I'm looking at doing.
[23:14.480 --> 23:17.480]  We need to file T-close complaints.
[23:17.480 --> 23:25.480]  And civil complaints against the sheriff will mount up on him when it comes time for election.
[23:25.480 --> 23:26.480]  And it costs them.
[23:26.480 --> 23:28.480]  Yes, it costs us.
[23:28.480 --> 23:34.480]  And yeah, I hear these people saying, well, I shouldn't have to do anything.
[23:34.480 --> 23:41.480]  I should just be able to live and move through my life, and everything should be right for me.
[23:41.480 --> 23:44.480]  And when they don't do it, I feel terribly maligned.
[23:44.480 --> 23:48.480]  Well, yeah, we do do that.
[23:48.480 --> 23:54.480]  But in the world I live in, in a perfect world, that would not happen.
[23:54.480 --> 23:58.480]  But if this were a perfect world, you and I wouldn't be here.
[23:58.480 --> 24:00.480]  So we don't have a perfect world.
[24:00.480 --> 24:02.480]  We have to deal with what we got.
[24:02.480 --> 24:07.480]  And we have to quit expecting that everything will be right for us.
[24:07.480 --> 24:08.480]  Well, wait a minute.
[24:08.480 --> 24:09.480]  Wait a minute, Randy.
[24:09.480 --> 24:13.480]  I've heard you say this many times, and I've never quite understood what you meant by that.
[24:13.480 --> 24:16.480]  What do you mean, if this were a perfect world, we wouldn't be here?
[24:16.480 --> 24:17.480]  I tend to disagree.
[24:17.480 --> 24:20.480]  Well, I don't understand what that, what does that mean?
[24:20.480 --> 24:22.480]  But I certainly wouldn't be here.
[24:22.480 --> 24:24.480]  Oh, okay.
[24:24.480 --> 24:25.480]  Well.
[24:25.480 --> 24:26.480]  I'm not quite that perfect.
[24:26.480 --> 24:27.480]  I'm close.
[24:27.480 --> 24:32.480]  But now you would probably be here, but I wouldn't.
[24:32.480 --> 24:33.480]  Okay.
[24:33.480 --> 24:36.480]  So do you want to go to our caller, Vincent?
[24:36.480 --> 24:37.480]  Yes.
[24:37.480 --> 24:38.480]  Okay.
[24:38.480 --> 24:39.480]  We're going to go to Vincent in Texas.
[24:39.480 --> 24:40.480]  Vincent, thanks for calling in.
[24:40.480 --> 24:42.480]  What's on your mind tonight?
[24:42.480 --> 24:43.480]  Hello.
[24:43.480 --> 24:44.480]  Hello.
[24:44.480 --> 24:50.480]  Yeah, I was just wanting to say that I thought the idea behind the show, Bridging the Gap,
[24:50.480 --> 24:51.480]  was excellent.
[24:51.480 --> 24:56.480]  I thought of doing what you and Randy do, and building them at the same time held a lot
[24:56.480 --> 24:57.480]  of appeal for me.
[24:57.480 --> 25:05.480]  And I urge you to try to find somebody to maybe take up where Biter and Leoniscu left
[25:05.480 --> 25:08.480]  off and see if we can't get that going again.
[25:08.480 --> 25:11.480]  Well, I've talked to Joe Edwards.
[25:11.480 --> 25:19.480]  I'm trying to get him back and trying to find a, someone that was his level of knowledge.
[25:19.480 --> 25:25.480]  When I came across Joe Biter, he was an exceptional find.
[25:25.480 --> 25:27.480]  You mean Mike Biter.
[25:27.480 --> 25:31.480]  I talked to him for 30 minutes and knew I wanted him on the show.
[25:31.480 --> 25:33.480]  And I hated to lose him.
[25:33.480 --> 25:40.480]  So it won't be easy to find someone else who has that kind of knowledge.
[25:40.480 --> 25:50.480]  I find people with a lot of knowledge, but they tend to have agendas that distract from
[25:50.480 --> 25:51.480]  the message.
[25:51.480 --> 25:55.480]  So Joe Edwards, I'm trying to get him back.
[25:55.480 --> 25:57.480]  He didn't have an agenda.
[25:57.480 --> 26:01.480]  And I'm trying to find someone else knowledgeable that doesn't have some secondary agenda that
[26:01.480 --> 26:03.480]  causes a problem.
[26:03.480 --> 26:06.480]  If you know somebody, refer them to us.
[26:06.480 --> 26:07.480]  I'm sure looking for them.
[26:07.480 --> 26:12.480]  Well, I intend on contacting some of the callers that called in on our After Hours special
[26:12.480 --> 26:18.480]  edition on Friday night because a few of them seem to be quite knowledgeable about commercial
[26:18.480 --> 26:20.480]  law.
[26:20.480 --> 26:29.480]  Well, along that same vein, there for a while you had some forms posted like a promissory
[26:29.480 --> 26:34.480]  note and some other things that could have been downloaded, which evidently I should have
[26:34.480 --> 26:35.480]  done at the time.
[26:35.480 --> 26:36.480]  I can't find them now.
[26:36.480 --> 26:37.480]  What are you talking about?
[26:37.480 --> 26:41.480]  Are you talking about the documents that Michael Bider had posted for download?
[26:41.480 --> 26:42.480]  Yeah.
[26:42.480 --> 26:44.480]  No, those are not available for download anymore.
[26:44.480 --> 26:45.480]  I'm sorry.
[26:45.480 --> 26:47.480]  He requested that they be taken down.
[26:47.480 --> 26:50.480]  I can't do anything about it.
[26:50.480 --> 26:51.480]  Okay.
[26:51.480 --> 26:53.480]  One last question then.
[26:53.480 --> 26:56.480]  How tall are you?
[26:56.480 --> 26:59.480]  I'm six feet tall.
[26:59.480 --> 27:00.480]  Where are you looking?
[27:00.480 --> 27:01.480]  I was wondering.
[27:01.480 --> 27:06.480]  She's six feet tall in her spiked heels.
[27:06.480 --> 27:13.480]  Would you know of anywhere I could get a promissory note to download?
[27:13.480 --> 27:22.480]  George Kennedy, I mean George Kennedy, Sam Kennedy, but I don't recommend him personally.
[27:22.480 --> 27:24.480]  I've never met him, never talked to him.
[27:24.480 --> 27:26.480]  I'm sure he would have some on his side.
[27:26.480 --> 27:36.480]  I suspect that David Merlin would have them on his Juris informatics.
[27:36.480 --> 27:40.480]  Yeah, I don't know where that is.
[27:40.480 --> 27:41.480]  Okay.
[27:41.480 --> 27:47.480]  Oh, and what's the guy that does the seminars all over?
[27:47.480 --> 27:51.480]  I'm terrible on names, but I'll do some looking around.
[27:51.480 --> 27:53.480]  I'm glad you brought that back to my attention.
[27:53.480 --> 27:56.480]  We get distracted with we have so much to do.
[27:56.480 --> 28:01.480]  That was a slot that I did want to get filled.
[28:01.480 --> 28:02.480]  Well, I think it'd be great.
[28:02.480 --> 28:05.480]  Like I said, I thought the thought behind the show was excellent.
[28:05.480 --> 28:09.480]  I thought it made a lot of sense and had me all juiced up, you know,
[28:09.480 --> 28:15.480]  maybe we can find somebody that'll fill that slot with a little more stick-to-it-iveness or whatever.
[28:15.480 --> 28:19.480]  Well, yeah, and basically how I'm interviewing potential hosts,
[28:19.480 --> 28:25.480]  I'm not coming up with concepts for shows and then asking people if they could do it.
[28:25.480 --> 28:31.480]  I'm looking for people to come to me with content that they have, that they're experts on,
[28:31.480 --> 28:39.480]  and there have been a couple of people who have come to me saying they want to do a show similar to Mike Biders,
[28:39.480 --> 28:45.480]  but I haven't really been able to research them because they won't give me a website or anything.
[28:45.480 --> 28:51.480]  And so I'm like, well, then how do I know that you know what you're talking about when you're not even giving me a website?
[28:51.480 --> 28:56.480]  You know, they're just telling me stuff in an email, and so that's just not good enough.
[28:56.480 --> 28:59.480]  But I do have some people in mind.
[28:59.480 --> 29:05.480]  Like I said, we had some very good callers on our after hours edition on Friday
[29:05.480 --> 29:07.480]  that seemed to be quite knowledgeable about commercial law,
[29:07.480 --> 29:13.480]  so I'll sit on contacting them and see if they would be interested in talking about any of the stuff that they know about.
[29:13.480 --> 29:18.480]  Well, maybe you could call Bider and see if he knows of anybody.
[29:18.480 --> 29:19.480]  We'll see.
[29:19.480 --> 29:22.480]  He does. I have to contact him in the morning.
[29:22.480 --> 29:23.480]  Okay.
[29:23.480 --> 29:26.480]  So I'll feel him out on that subject.
[29:26.480 --> 29:30.480]  Hey, I appreciate it. Y'all keep up the good work.
[29:30.480 --> 29:33.480]  Okay, great. All right. We are going to break now.
[29:33.480 --> 29:55.480]  This is the rule of law, Randy Kelton and Deborah Stevens on Rule of Law Radio. We'll be right back.
[29:55.480 --> 30:00.480]  Gold prices are at historic highs, and with the recent pullback, this is a great time to buy.
[30:00.480 --> 30:06.480]  With the value of the dollar, risks of inflation, geopolitical uncertainties, and instability in world financial systems,
[30:06.480 --> 30:08.480]  I see gold going up much higher.
[30:08.480 --> 30:11.480]  Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
[30:11.480 --> 30:15.480]  Everybody should have some of their assets in investment grade precious metals.
[30:15.480 --> 30:19.480]  At Roberts and Roberts Brokerage, you can buy gold, silver, and platinum with confidence
[30:19.480 --> 30:24.480]  from a brokerage that's specialized in the precious metals market since 1977.
[30:24.480 --> 30:29.480]  If you are new to precious metals, we will happily provide you with the information you need to make an informed decision.
[30:29.480 --> 30:32.480]  Whether or not you choose to purchase from us.
[30:32.480 --> 30:35.480]  Also, Roberts and Roberts Brokerage values your privacy
[30:35.480 --> 30:39.480]  and will always advise you in the event that we would be required to report any transaction.
[30:39.480 --> 30:44.480]  If you have gold, silver, or platinum you'd like to sell, we can convert it for immediate payment.
[30:44.480 --> 30:54.480]  Call us at 800-874-9760. We are Roberts and Roberts Brokerage, 800-874-9760.
[30:54.480 --> 31:22.480]  Alright, this is the rule of law on Rule of Law Radio.
[31:22.480 --> 31:30.480]  Ruleoflawradio.com, listeners who are listening on the AMs and the FMs who are carrying our network,
[31:30.480 --> 31:36.480]  if you would please go to ruleoflawradio.com and just engage the stream even if you hit the mute button
[31:36.480 --> 31:39.480]  just so that we can get our numbers up.
[31:39.480 --> 31:45.480]  It would really help for us to be able to have a statistical overview of our show and our listenership
[31:45.480 --> 31:52.480]  and also we have something that we can show potential sponsors and other stations for syndication.
[31:52.480 --> 31:57.480]  Help us grow. You can do a lot by just hitting the stream up, okay?
[31:57.480 --> 32:01.480]  Yes, and pay for that latest piece of equipment you just bought.
[32:01.480 --> 32:04.480]  Right, I'm continuing to make upgrades.
[32:04.480 --> 32:09.480]  Okay, so yes, please try to go to the donations page and give us what you can.
[32:09.480 --> 32:13.480]  We really, really appreciate it. It's keeping us on the air.
[32:13.480 --> 32:22.480]  And Randy, you wanted to talk tonight about how to handle rogue attorneys or how to handle attorneys in general.
[32:22.480 --> 32:26.480]  Yeah, the attorneys in general, it's not so much that they're rogue.
[32:26.480 --> 32:38.480]  They tend to be lazy, but they're lazy more by necessity than I think by character
[32:38.480 --> 32:43.480]  because they get into, you know, they go to law school and get out of law school all pumped up
[32:43.480 --> 32:46.480]  and come out ready to change the world.
[32:46.480 --> 32:52.480]  And they find out what they're really going to do is kiss arrogant judges behinds
[32:52.480 --> 32:57.480]  because if they don't, the judges will put them out of business.
[32:57.480 --> 33:06.480]  And while on the one hand I want people to understand the position that the attorney is in,
[33:06.480 --> 33:10.480]  and it's not that I have sympathy for the attorney,
[33:10.480 --> 33:14.480]  it's just a matter of understanding the world he lives in,
[33:14.480 --> 33:20.480]  then I better understand how to use him more effectively.
[33:20.480 --> 33:26.480]  I had someone call me, matter of fact, I'm in Las Vegas right now,
[33:26.480 --> 33:33.480]  and I got in a taxi cab and talked to the taxi cab driver and he asked what I did and I kind of explained it.
[33:33.480 --> 33:42.480]  He got to tell me about his wife that he had been into buying and selling build houses, real estate.
[33:42.480 --> 33:50.480]  His wife bought a piece of real estate from someone and had a title search done on it.
[33:50.480 --> 33:57.480]  It was just unimproved land and then she sold the unimproved land.
[33:57.480 --> 34:02.480]  And three years later they had a problem.
[34:02.480 --> 34:11.480]  It seems that the guy that sold her the land went down and looked at a lot of unimproved property.
[34:11.480 --> 34:15.480]  There's a lot of this in Florida and some of the other southern states
[34:15.480 --> 34:20.480]  where people buy up property in the warmer climates and go up
[34:20.480 --> 34:28.480]  and sell it to people in New York and Philadelphia and the colder northern states as a place to go to retire.
[34:28.480 --> 34:36.480]  So people wind up buying property down there for future use or future investment and never see it.
[34:36.480 --> 34:38.480]  And that's what this was.
[34:38.480 --> 34:45.480]  He checked the properties and found property owned by people who were out of state.
[34:45.480 --> 34:57.480]  So then he takes the identity of the out of state person and sells the property as if he is the out of state person.
[34:57.480 --> 35:02.480]  Well, the person came to her, now I have this property to sell.
[35:02.480 --> 35:06.480]  And she looks it over and asks him his name and he tells her.
[35:06.480 --> 35:14.480]  She goes down to the court to the clerk and looks up the property and sure enough it's in this guy's name.
[35:14.480 --> 35:23.480]  Never occurred to her to actually try to locate this person separately.
[35:23.480 --> 35:30.480]  I mean, who out there who buys themselves property has ever considered to do that?
[35:30.480 --> 35:35.480]  Somebody comes to sell you some property and they tell you they're a certain person.
[35:35.480 --> 35:43.480]  They give you identification and you go check the property and yeah, that's the person that owns it.
[35:43.480 --> 35:50.480]  Would it ever occur to you to think, well, maybe he's not really the person he says he is.
[35:50.480 --> 35:53.480]  How would I find out if he's not?
[35:53.480 --> 35:58.480]  I'd have to find another way to locate the person by this name owning this property.
[35:58.480 --> 36:05.480]  If there was contact information in the court record, then I'd have to go through that and cross check to make sure I had the right person.
[36:05.480 --> 36:07.480]  Now, we could we could do that.
[36:07.480 --> 36:10.480]  And this is probably going to come back and haunt her.
[36:10.480 --> 36:12.480]  Well, Randy.
[36:12.480 --> 36:21.480]  See, this doesn't make any sense to me because most of most of the time when people sell property, they put it on the market and you're dealing with real estate agents and stuff.
[36:21.480 --> 36:24.480]  So there's an air of legitimacy to it.
[36:24.480 --> 36:32.480]  I mean, it's not too often that sometimes they're not always listed because then they have to pay broker fees.
[36:32.480 --> 36:36.480]  This was someone who's buying property.
[36:36.480 --> 36:42.480]  And apparently this fellow found out she was buying property and he went he got a hold over.
[36:42.480 --> 36:45.480]  That's probably what he was looking for.
[36:45.480 --> 36:50.480]  If she's just looking to buy property and this guy's coming to sell by owner.
[36:50.480 --> 36:52.480]  There's a lot of sell by owner.
[36:52.480 --> 36:56.480]  That's not uncommon enough to raise a red flag.
[36:56.480 --> 36:58.480]  See, she got no red flags.
[36:58.480 --> 37:00.480]  Then she sold the property.
[37:00.480 --> 37:07.480]  Now the person who bought it has found that the purse that the owner didn't actually sell it.
[37:07.480 --> 37:10.480]  So it was somebody impersonating the owner.
[37:10.480 --> 37:25.480]  This one walks out of her door one day three years later and the police are waiting for and throw her in jail and cost her some 30 grand in bond to get out for felony fraud.
[37:25.480 --> 37:27.480]  Now she's got a problem.
[37:27.480 --> 37:34.480]  So, you know, we talked today about what she should do and she's going tomorrow to meet with an attorney.
[37:34.480 --> 37:39.480]  And that's what made me think to address this subject today.
[37:39.480 --> 37:47.480]  She's going to go talk to her attorney tomorrow and her attorney is going to tell her all of these wonderful things he's going to do for her.
[37:47.480 --> 37:57.480]  And all she has to do is give her, this one happens to be a female, 15, 20 grand and I'll take care of this for you.
[37:57.480 --> 38:02.480]  She's going to give this attorney 15 or 20 grand or five grand or two grand or eight grand.
[38:02.480 --> 38:04.480]  Doesn't make any difference what she gives the attorney.
[38:04.480 --> 38:09.480]  The attorney is going to do precisely the same thing.
[38:09.480 --> 38:11.480]  It's a criminal prosecution.
[38:11.480 --> 38:19.480]  Anybody out there who's been through a criminal prosecution pretty well knows what this attorney is going to do.
[38:19.480 --> 38:22.480]  Nothing.
[38:22.480 --> 38:31.480]  Attorney is going to make at work with the prosecutor to set this woman up to take a plea to a lesser charge.
[38:31.480 --> 38:37.480]  No jail time, probation, lots of probation fees.
[38:37.480 --> 38:46.480]  That's what they're going to do and anybody who's looked at the criminal justice system very much, they'll see that's what they always do.
[38:46.480 --> 38:56.480]  When I first started looking at this, I talked to someone and they were arrested, put in jail, attorney came to them.
[38:56.480 --> 38:59.480]  They got court appointed counsel.
[38:59.480 --> 39:08.480]  The attorney came to them and told them, here's the deal, take it or spend up to a year in jail waiting for trial.
[39:08.480 --> 39:15.480]  I heard that on almost every single case I dealt with.
[39:15.480 --> 39:19.480]  Exactly the same words.
[39:19.480 --> 39:25.480]  Didn't want to hear what happened, wasn't interested in whether they're guilty or innocent.
[39:25.480 --> 39:34.480]  Here is the deal, take it or spend up to a year in jail awaiting trial.
[39:34.480 --> 39:35.480]  That's the routine.
[39:35.480 --> 39:38.480]  That's the formula they got worked out.
[39:38.480 --> 39:41.480]  What do you expect your attorney to do?
[39:41.480 --> 39:53.480]  Come in there and force judge to sit through a trial or sit through a series of motion hearings when he could be out playing golf?
[39:53.480 --> 39:58.480]  I once sued the city, the county of Denton, Denton, Texas.
[39:58.480 --> 40:02.480]  I sued them for $11 million.
[40:02.480 --> 40:10.480]  At the time, this is when I was earlier in my career, I can't track of everybody I talked to.
[40:10.480 --> 40:14.480]  I talked to 60 attorneys.
[40:14.480 --> 40:17.480]  This was a matter of a year and a half of calling attorneys.
[40:17.480 --> 40:23.480]  Everybody that I talked to, I was just beginning to talk to people in the legal reform movement.
[40:23.480 --> 40:30.480]  They were telling me about all of these attorneys.
[40:30.480 --> 40:33.480]  One guy tells me about this attorney down near Houston.
[40:33.480 --> 40:36.480]  He took on this case and boy, he fought him like a tiger.
[40:36.480 --> 40:44.480]  I called this guy and the guy was livid with me on the phone that I would even ask him to do something like that again.
[40:44.480 --> 40:49.480]  Because it had essentially ruined his practice.
[40:49.480 --> 40:52.480]  He had to move to another area.
[40:52.480 --> 40:55.480]  He could not practice there anymore.
[40:55.480 --> 41:05.480]  He absolutely wouldn't even consider any such nonsense ever again as making accusations against a public official.
[41:05.480 --> 41:08.480]  I was crazy even to consider it.
[41:08.480 --> 41:16.480]  He was absolutely outraged that I would call him and ask him to do it after what happened to him.
[41:16.480 --> 41:22.480]  Last one I talked to was the district attorney prior to the one I was suing.
[41:22.480 --> 41:25.480]  His name was Jerry Cobb.
[41:25.480 --> 41:27.480]  I called him and I said, hello, Mr. Cobb.
[41:27.480 --> 41:32.480]  My name is Randy Kelton and I have sued Denton County and I need an attorney to represent me.
[41:32.480 --> 41:35.480]  Oh, Mr. Kelton, I know all about your suit.
[41:35.480 --> 41:36.480]  I can't take your suit.
[41:36.480 --> 41:42.480]  I have to represent clients in this county and you're making allegations against public officials.
[41:42.480 --> 41:44.480]  I said, what's the matter, Jerry?
[41:44.480 --> 41:49.480]  Afraid those judges will screw your next client to get back at you?
[41:49.480 --> 41:56.480]  He essentially told me the exact same thing everybody else told me.
[41:56.480 --> 42:01.480]  You damn right they will.
[42:01.480 --> 42:14.480]  Now, I don't know if that was true or not, but I can absolutely assure you your attorney thinks it's true because he knows the judge can.
[42:14.480 --> 42:22.480]  The judge can rule against him any time he wants to with absolute caprice.
[42:22.480 --> 42:27.480]  So what's the attorney going to do?
[42:27.480 --> 42:32.480]  He's going to do what every other attorney has been doing.
[42:32.480 --> 42:40.480]  He's going to go to the prosecutor, work out a deal and give you a lot of song and dance.
[42:40.480 --> 42:42.480]  Oh, yeah, well, I'll take care of this.
[42:42.480 --> 42:48.480]  And he's going to jack you around for about a year.
[42:48.480 --> 42:52.480]  And then he's going to say, this is the best I could do.
[42:52.480 --> 42:54.480]  Here's the deal.
[42:54.480 --> 42:59.480]  Make it or this is all the horrible things they're going to do to you.
[42:59.480 --> 43:05.480]  When in fact, he hasn't done anything, hasn't filed any motions, hasn't done anything.
[43:05.480 --> 43:11.480]  We were talking to someone the other day and asked what motions the attorney had filed.
[43:11.480 --> 43:12.480]  Someone was talking.
[43:12.480 --> 43:13.480]  I'm sorry.
[43:13.480 --> 43:24.480]  Dan West was talking to a paralegal and asked the paralegal what motions the attorney had filed.
[43:24.480 --> 43:32.480]  And she said, well, I've been working for this attorney for six years and I don't know that he's ever filed a motion.
[43:32.480 --> 43:35.480]  All right, well, listen, listen, we're going to break.
[43:35.480 --> 43:36.480]  We're going to break. We'll be right back.
[43:36.480 --> 43:42.480]  Callers, if you'd like to call in, it's 512-646-1984.
[43:42.480 --> 43:55.480]  We'll be right back.
[43:55.480 --> 43:58.480]  Stock markets are taking hit after hit.
[43:58.480 --> 44:01.480]  Corrupt bankers are choking on subprime debt.
[44:01.480 --> 44:09.480]  The Fed is busy printing dollars, dollars and more dollars to bail out Wall Street banks and the U.S. car industry.
[44:09.480 --> 44:18.480]  As investors scramble for safety in the metals in the face of a further devaluation of the dollar, the price of silver will only increase.
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[48:27.480 --> 48:32.480]  All right, go ahead, Randy. You were talking about this lawyer.
[48:32.480 --> 48:36.480]  I was trying to kind of explain the position lawyers are in.
[48:36.480 --> 48:44.480]  They're in a position to where when they get out of law school, they go to work for a law firm.
[48:44.480 --> 48:54.480]  Dr. Graves earlier was one of the primary things he talks about is when he got out of law school, he didn't know anything about the practice of law.
[48:54.480 --> 49:00.480]  He knew a lot about law itself, but not about the practice, how things are actually done.
[49:00.480 --> 49:04.480]  He didn't get any of that until he got out of law school.
[49:04.480 --> 49:20.480]  And generally, an attorney will go to work for a firm, and the firm will show them how to write motions, how to file motions, how to get motions set for hearing, how to prepare orders, and what motions need to be verified, which ones don't.
[49:20.480 --> 49:28.480]  All of these technical details of the practice of law, they learn that after they get out of law school.
[49:28.480 --> 49:31.480]  That's not a part of the curricula.
[49:31.480 --> 49:36.480]  So there are other things that they don't learn.
[49:36.480 --> 49:40.480]  This is how it works in the real world.
[49:40.480 --> 49:53.480]  In law school, moot courts in law school, you will have the judges, the professors sitting as judges, ruling according to law.
[49:53.480 --> 49:58.480]  Out here in the real world, it doesn't happen that way.
[49:58.480 --> 50:02.480]  Judges tend to rule the way they want to.
[50:02.480 --> 50:10.480]  Occasionally, you'll have judges that rule according to law, but it's more rare than we would like to believe.
[50:10.480 --> 50:16.480]  Anytime you annoy the judge, he can rule against you any time he wants to.
[50:16.480 --> 50:23.480]  So even when you have a judge that does rule fairly, you're still terrified of him.
[50:23.480 --> 50:33.480]  And the last thing you want to do as a junior attorney is go into court and get the judge upset at your firm. Then you're going to have everybody on your case.
[50:33.480 --> 50:37.480]  So everybody tiptoes around the judge.
[50:37.480 --> 50:40.480]  They tailor everything they do to the judge.
[50:40.480 --> 50:48.480]  And in criminal, they tailor everything they do to the sensibilities of the judge and the prosecutor,
[50:48.480 --> 50:53.480]  because the prosecutor is one that has to approve deals for his clients.
[50:53.480 --> 50:59.480]  If he treats the prosecutor nice, he'll give his clients better deals.
[50:59.480 --> 51:02.480]  If he doesn't, he'll screw the client.
[51:02.480 --> 51:15.480]  So they tend to begin to work with the powers that are around them to get the best deal that they can for their clients in the real world they live in.
[51:15.480 --> 51:18.480]  So how do you protect yourself?
[51:18.480 --> 51:24.480]  Well, first thing to understand is the position that your attorney is in.
[51:24.480 --> 51:32.480]  So when your attorney sits down in front of you and he doesn't say, well, this is what I'm going to do to you.
[51:32.480 --> 51:39.480]  I'm going to work a deal with the prosecutor and I'm going to give you a lot of song and dance and squeeze you into taking a deal.
[51:39.480 --> 51:43.480]  He's not going to tell you that because you're not going to want to give him a lot of money.
[51:43.480 --> 51:47.480]  And there are way too many attorneys out there now.
[51:47.480 --> 51:51.480]  So they're having to struggle to find business.
[51:51.480 --> 51:54.480]  So when they first talk to you, they're a salesman.
[51:54.480 --> 51:57.480]  They want to tell you what a great job they'll do for you.
[51:57.480 --> 52:02.480]  They'll tell you anything that they think you want to hear.
[52:02.480 --> 52:04.480]  And we want to hear it.
[52:04.480 --> 52:07.480]  So we tend to lap it up.
[52:07.480 --> 52:10.480]  We need to understand the position the lawyer's in.
[52:10.480 --> 52:17.480]  So when we listen to his horse hockey, because it sounds so good, it's what we want to hear.
[52:17.480 --> 52:20.480]  Oh, yeah, I know this judge.
[52:20.480 --> 52:23.480]  And I went to law school with this attorney.
[52:23.480 --> 52:25.480]  I take care of you.
[52:25.480 --> 52:29.480]  Well, horse manure, he's not going to take care of you.
[52:29.480 --> 52:31.480]  He's going to do what he does for every client.
[52:31.480 --> 52:33.480]  So how do you get him to fight for you?
[52:33.480 --> 52:39.480]  Well, first thing you do is get a written contract with it.
[52:39.480 --> 52:44.480]  And then you do your own homework.
[52:44.480 --> 52:49.480]  First thing you do if you get charged with a crime is get jurisdictionary.
[52:49.480 --> 52:53.480]  A couple hundred bucks, it's Trump change.
[52:53.480 --> 52:58.480]  Find out what motions are, what kinds of motions exist, what due process is,
[52:58.480 --> 53:03.480]  and how to protect your due process rights.
[53:03.480 --> 53:08.480]  Get just a good basic overview of the practice of law.
[53:08.480 --> 53:15.480]  Now you kind of got a pretty good idea of what your attorney should be doing for you.
[53:15.480 --> 53:21.480]  And then prepare your own motions if you need to.
[53:21.480 --> 53:28.480]  This is one of the things we're looking at starting to do.
[53:28.480 --> 53:34.480]  Like this woman in Florida, we will make up a set of motions.
[53:34.480 --> 53:41.480]  First thing is a statement of facts and enter it into the court record.
[53:41.480 --> 53:44.480]  A verified statement of facts.
[53:44.480 --> 53:48.480]  We will enter motions, a Brady motion.
[53:48.480 --> 53:53.480]  In criminal, discovery is under Brady.
[53:53.480 --> 53:58.480]  We'll put in a Brady motion for all the evidence that the other side has.
[53:58.480 --> 54:05.480]  And then we'll prepare motions to dismiss, motions to suppress,
[54:05.480 --> 54:10.480]  any motions that are appropriate for what's going on.
[54:10.480 --> 54:18.480]  And give them to the attorney and say, here, Bubba, file these, argue these.
[54:18.480 --> 54:24.480]  And almost invariably the attorney is going to say, I'm running this case, not you.
[54:24.480 --> 54:28.480]  I'm not filing those.
[54:28.480 --> 54:33.480]  And in Robert's case in Comanche County, we want to get him to get an attorney.
[54:33.480 --> 54:36.480]  And we'll file all the documentation.
[54:36.480 --> 54:39.480]  We want a court-appointed counsel here.
[54:39.480 --> 54:45.480]  They're especially hard to deal with because they're only going to get paid 350 bucks.
[54:45.480 --> 54:50.480]  If you've got court-appointed counsel, if you're in Texas,
[54:50.480 --> 54:55.480]  and your court-appointed counsel puts on a vigorous defense for you,
[54:55.480 --> 55:00.480]  the courts go to payment about 350 bucks.
[55:00.480 --> 55:07.480]  If your attorney doesn't do anything and squeezes you into taking a deal,
[55:07.480 --> 55:10.480]  I wonder what he's going to get paid.
[55:10.480 --> 55:13.480]  About 350 bucks.
[55:13.480 --> 55:16.480]  So you're an attorney.
[55:16.480 --> 55:20.480]  If you work really hard and put in lots of time and effort and money,
[55:20.480 --> 55:22.480]  you'll get about 350 bucks.
[55:22.480 --> 55:27.480]  If you don't do squat, get the guy to take a deal, you get 350 bucks.
[55:27.480 --> 55:31.480]  But if you fight the case, now you're going to get the judge and the prosecutor PO'd at you.
[55:31.480 --> 55:36.480]  So when you get a good paying client, they're going to screw your paying client for you.
[55:36.480 --> 55:39.480]  What would you do?
[55:39.480 --> 55:40.480]  You screw your client.
[55:40.480 --> 55:42.480]  Okay.
[55:42.480 --> 55:45.480]  So what we do is unscrew the client.
[55:45.480 --> 55:47.480]  We file all these motions.
[55:47.480 --> 55:51.480]  And then when he refuses to argue the motions,
[55:51.480 --> 55:59.480]  we walk down each item of due process that needed to be argued in your case,
[55:59.480 --> 56:05.480]  and we file a bar grievance for each one of them.
[56:05.480 --> 56:08.480]  His career ends that day.
[56:08.480 --> 56:12.480]  In Robert's case, 29.
[56:12.480 --> 56:17.480]  29 bar grievances will simply put him out of business.
[56:17.480 --> 56:21.480]  He won't be able to get malpractice insurance.
[56:21.480 --> 56:24.480]  And he just got 29 bar grievances.
[56:24.480 --> 56:33.480]  He gets another client, and the other client files 29 bar grievances against him and then sues him.
[56:33.480 --> 56:39.480]  He's on his own, and attorneys are terrified of being sued.
[56:39.480 --> 56:48.480]  And when you do that, when you file 29 bar grievances against your defense counsel,
[56:48.480 --> 56:56.480]  first thing he's going to do is run to the judge and ask the judge to be removed from the case.
[56:56.480 --> 57:01.480]  And you're going to run to the judge and say, don't you dare remove him from that case.
[57:01.480 --> 57:03.480]  He's my attorney.
[57:03.480 --> 57:05.480]  I paid him.
[57:05.480 --> 57:06.480]  He works for me.
[57:06.480 --> 57:08.480]  I have a private contract with him.
[57:08.480 --> 57:09.480]  Actually, I didn't pay him.
[57:09.480 --> 57:11.480]  You paid him if he's court appointed.
[57:11.480 --> 57:15.480]  But I still have a private contract with him.
[57:15.480 --> 57:19.480]  He has a contractual duty to protect my due process rights,
[57:19.480 --> 57:25.480]  and he has a duty under the American Bar Association standards and the Texas Bar Association standards.
[57:25.480 --> 57:28.480]  So you butt out.
[57:28.480 --> 57:32.480]  But the judge is his buddy, and they're all buddies, and they all work together.
[57:32.480 --> 57:34.480]  So he's going to say, heck with that.
[57:34.480 --> 57:37.480]  You're off the case.
[57:37.480 --> 57:43.480]  Problem the judge has is he just got set up and didn't know it.
[57:43.480 --> 57:51.480]  Removing an attorney or appointing an attorney is not a judicial action on part of the judge.
[57:51.480 --> 57:53.480]  The judge has certain judicial duties.
[57:53.480 --> 58:01.480]  He can decide whether or not to grant a continuance, to grant an emotion, to set bail, raise or lower bail.
[58:01.480 --> 58:06.480]  There are a lot of things he can do in the adjudication of the case that are judicial decisions.
[58:06.480 --> 58:09.480]  But then there are other things he does.
[58:09.480 --> 58:11.480]  He hires his staff.
[58:11.480 --> 58:23.480]  Generally, if it's a district judge, his budget pays for materials for the operation of the court.
[58:23.480 --> 58:35.480]  Any decision he makes that either has to do with the operation of the court itself or that is mandatory by law.
[58:35.480 --> 58:44.480]  Decisions, if a certain thing is asked for, if you move to recuse a judge,
[58:44.480 --> 58:49.480]  he must file the recusal with the head administrative judge of the district.
[58:49.480 --> 58:51.480]  He does not have any discretion here.
[58:51.480 --> 58:53.480]  So if a judge makes a-
[58:53.480 --> 58:55.480]  Okay, listen, we are going to break.
[58:55.480 --> 58:56.480]  We're cutting to break now.
[58:56.480 --> 59:06.480]  We'll be right back after these short messages.
[59:26.480 --> 59:30.480]  Are you the plaintiff or defendant in a lawsuit?
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[59:33.480 --> 59:41.480]  the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step.
[59:41.480 --> 59:45.480]  If you have a lawyer, know what your lawyer should be doing.
[59:45.480 --> 59:49.480]  If you don't have a lawyer, know what you should do for yourself.
[59:49.480 --> 59:54.480]  Thousands have won with our step-by-step course, and now you can too.
[59:54.480 --> 01:00:00.480]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
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[01:00:48.480 --> 01:00:50.480]  Thank you.
[01:01:18.480 --> 01:01:34.480]  All right, this is the Rule of Law, Rule of Law Radio, ruleoflawradio.com.
[01:01:34.480 --> 01:01:39.480]  I'm sorry, we had Michael from Connecticut that was on the line.
[01:01:39.480 --> 01:01:44.480]  So Michael, if you'd like to call back in, we will take your call.
[01:01:44.480 --> 01:01:49.480]  Yes, I was almost done. I was trying to finish up that thought.
[01:01:49.480 --> 01:01:58.480]  That what the idea here is, is we start using the tools we have available.
[01:01:58.480 --> 01:02:03.480]  We have a lot of tools available if we'll just use them and use them strategically.
[01:02:03.480 --> 01:02:06.480]  And this is a strategic use of the tool.
[01:02:06.480 --> 01:02:15.480]  If you get accused of crime and you either hire counsel or get court-appointed counsel,
[01:02:15.480 --> 01:02:22.480]  in order to control your counsel, like Dr. Graves says, you need to understand what's going on.
[01:02:22.480 --> 01:02:25.480]  You need to understand the processes.
[01:02:25.480 --> 01:02:33.480]  But Dr. Graves being an attorney, he's not so hot about this part.
[01:02:33.480 --> 01:02:42.480]  It pains him that attorneys don't do their jobs, but he's not quite as quick to go after them as I tend to be.
[01:02:42.480 --> 01:02:46.480]  If your attorney doesn't do your job, he's selling you out.
[01:02:46.480 --> 01:02:53.480]  So if we can expect him, we understand that he's in a position to where he doesn't have a whole lot of options.
[01:02:53.480 --> 01:02:58.480]  So what we want to do is give him an option.
[01:02:58.480 --> 01:03:03.480]  What the option is, is plausible deniability.
[01:03:03.480 --> 01:03:12.480]  You're not asking the attorney to go before the court and rankle the court.
[01:03:12.480 --> 01:03:16.480]  Now you put the attorney in a position to where he has to go before the court and say,
[01:03:16.480 --> 01:03:19.480]  holy crap, these guys are kicking my behind.
[01:03:19.480 --> 01:03:22.480]  They're going to ruin my career.
[01:03:22.480 --> 01:03:24.480]  I got to do something, Judge.
[01:03:24.480 --> 01:03:32.480]  So I have to, to file something, and this guy's going to start filing more bar grievances against me.
[01:03:32.480 --> 01:03:40.480]  And then when we set up the judge, that lets everybody know that we mean business.
[01:03:40.480 --> 01:03:44.480]  Follow law, you have no problems.
[01:03:44.480 --> 01:03:52.480]  We have Russell from Texas on, and he's one of the guys that's familiar with what bar grievances do to attorneys.
[01:03:52.480 --> 01:03:57.480]  Do you want to bring up Russell?
[01:03:57.480 --> 01:03:59.480]  Hey, Randy, you there?
[01:03:59.480 --> 01:04:00.480]  Hello, Russell.
[01:04:00.480 --> 01:04:02.480]  Randy, do you have your call screen?
[01:04:02.480 --> 01:04:03.480]  Yes, I do.
[01:04:03.480 --> 01:04:05.480]  Okay, all right.
[01:04:05.480 --> 01:04:07.480]  Go ahead, Russell.
[01:04:07.480 --> 01:04:11.480]  Hey, I was wondering about, you know, Judge Roberts and all of that opinion and stuff.
[01:04:11.480 --> 01:04:16.480]  Can't we hold those Supreme Court judges to their ethics?
[01:04:16.480 --> 01:04:21.480]  Isn't that a way to go after those people when they make such horrible rulings?
[01:04:21.480 --> 01:04:30.480]  There is absolutely no way to go after those judges.
[01:04:30.480 --> 01:04:33.480]  It's just the way they have things set up.
[01:04:33.480 --> 01:04:41.480]  The only thing you can do about the Supreme Court is change the statute.
[01:04:41.480 --> 01:05:00.480]  If they give you a ruling that, you know, in this case we would need a statute that stated that evidence gotten by a police officer on mistake is not usable.
[01:05:00.480 --> 01:05:04.480]  We'd have to make it specific.
[01:05:04.480 --> 01:05:13.480]  There's no real way to go after the Supreme Court itself.
[01:05:13.480 --> 01:05:15.480]  But there is a way to go after the attorneys.
[01:05:15.480 --> 01:05:16.480]  Well, I don't know about that, Randy.
[01:05:16.480 --> 01:05:24.480]  I mean, if they commit a criminal act, you can go after them, and they can also be impeached.
[01:05:24.480 --> 01:05:27.480]  Yeah, but it's never been done.
[01:05:27.480 --> 01:05:32.480]  Well, I'm just saying it's laid out in our Constitution that Supreme Court judges can be impeached,
[01:05:32.480 --> 01:05:34.480]  and no one's above criminal prosecution.
[01:05:34.480 --> 01:05:40.480]  So those are two ways you can go after them if you can find a way to utilize either one of those methods.
[01:05:40.480 --> 01:05:41.480]  Exactly.
[01:05:41.480 --> 01:05:45.480]  That was my point, that there's no way to utilize them.
[01:05:45.480 --> 01:05:46.480]  I don't know.
[01:05:46.480 --> 01:05:48.480]  That's what the grand juries for.
[01:05:48.480 --> 01:05:54.480]  If they break a law, we could get a grand jury to indict one of them, and that's just it, or Congress could impeach them.
[01:05:54.480 --> 01:06:02.480]  That is an idea, filing against the federal Supreme Court with the grand jury.
[01:06:02.480 --> 01:06:07.480]  But we have to get the federal grand juries opened up, which we're working on.
[01:06:07.480 --> 01:06:08.480]  Right.
[01:06:08.480 --> 01:06:12.480]  Right now, prosecutors control the federal grand juries.
[01:06:12.480 --> 01:06:14.480]  Go ahead, Russell.
[01:06:14.480 --> 01:06:17.480]  As far as the attorneys go, yes.
[01:06:17.480 --> 01:06:20.480]  I used to file bar grievances all the time against them.
[01:06:20.480 --> 01:06:27.480]  And I found out through my criminal case that that was the biggest thorn in their side that there ever was.
[01:06:27.480 --> 01:06:34.480]  Even though when you do file a bar grievance, they're never going – they'll send you a stupid letter saying they're going to investigate,
[01:06:34.480 --> 01:06:42.480]  and then they'll say basically another letter, a short period of time later, saying that there was no merit to it and everything else, and the case was dismissed.
[01:06:42.480 --> 01:06:44.480]  They were just protected in their own.
[01:06:44.480 --> 01:06:53.480]  But the problem of that is all those complaints filed goes towards the attorney or the law firm's malpractice insurance,
[01:06:53.480 --> 01:07:00.480]  and it also could go to any kind of bonding they have to have, and that creates a total nightmare for them.
[01:07:00.480 --> 01:07:04.480]  Yeah, you get right in their pocketbook.
[01:07:04.480 --> 01:07:06.480]  My understanding –
[01:07:06.480 --> 01:07:13.480]  Instead of them having their hands in your pockets, you get somebody else's hands in their pockets, and they really don't like that.
[01:07:13.480 --> 01:07:22.480]  And they had one of the attorneys that I had a problem with several years ago come testify at my trial and sentencing hearing,
[01:07:22.480 --> 01:07:28.480]  and he talked about how I did this to them and I did that to them, and it caused them all kinds of nightmare,
[01:07:28.480 --> 01:07:32.480]  and they almost couldn't get malpractice insurance, and bad, bad, bad.
[01:07:32.480 --> 01:07:37.480]  I mean, I felt like playing a violin with my little finger sticking up.
[01:07:37.480 --> 01:07:44.480]  But I thought to myself, poor babies. I mean, you're the elite of the society.
[01:07:44.480 --> 01:07:51.480]  You're the people that can't hardly be messed with and stuff, and they're complaining about what little things I did to you.
[01:07:51.480 --> 01:07:54.480]  But that didn't work, so –
[01:07:54.480 --> 01:07:58.480]  Yeah, they're used to being able to do anything they want to.
[01:07:58.480 --> 01:08:04.480]  But now I've learned to take it a step further, is use those bar grievances and everything else
[01:08:04.480 --> 01:08:09.480]  and all these letters that they send you claiming that it's without merit and everything else,
[01:08:09.480 --> 01:08:13.480]  and finding out who the bonding company is or who their bonding agent is,
[01:08:13.480 --> 01:08:17.480]  and then send all that information to the bond agent,
[01:08:17.480 --> 01:08:26.480]  and you will cause that law firm and that attorney to totally go out of business when they can't get that any bonding.
[01:08:26.480 --> 01:08:31.480]  And from my understanding, if they get more than three complaints, they're out of business.
[01:08:31.480 --> 01:08:36.480]  And we're looking at 29 and 1.
[01:08:36.480 --> 01:08:42.480]  We start banging these guys good, and the attorneys – you know, what's going to happen in Robert's case
[01:08:42.480 --> 01:08:46.480]  is we're going to put the first attorney out of business.
[01:08:46.480 --> 01:08:50.480]  You don't feel bad for him, but, you know, life is tough.
[01:08:50.480 --> 01:08:57.480]  We hope we get a young one that his wrists are still good and limber so he can flip hamburgers.
[01:08:57.480 --> 01:09:06.480]  Then when we sue the judge for removing the attorney from the case,
[01:09:06.480 --> 01:09:12.480]  and we go back and ask the judge – we disqualify that judge because now he's been sued –
[01:09:12.480 --> 01:09:19.480]  and we get another judge and we say, okay, Bubba, we need you to appoint us another attorney.
[01:09:19.480 --> 01:09:27.480]  Who you got out there you really don't like, appoint him for us because we're going to crucify him too.
[01:09:27.480 --> 01:09:33.480]  Now when we got the second attorney, now we got someone we can talk to.
[01:09:33.480 --> 01:09:42.480]  We may actually get our cases adjudicated appropriately. At least that's the strategy.
[01:09:42.480 --> 01:09:51.480]  To reiterate what you said earlier about the attorney going by what the judge says and all this,
[01:09:51.480 --> 01:09:56.480]  in 2005 when I went into Chapter 13 bankruptcy, I did some research
[01:09:56.480 --> 01:10:02.480]  and I convinced my attorney into challenging the property taxes that were appraised against the property.
[01:10:02.480 --> 01:10:06.480]  I said they were always too high. They were never adjusted properly and everything,
[01:10:06.480 --> 01:10:12.480]  so he turned around and put a motion in before the court, and this was against the County of Hays.
[01:10:12.480 --> 01:10:18.480]  The County of Hays agreed and settled the thing without having a hearing before the judge.
[01:10:18.480 --> 01:10:22.480]  Then I turned around and took Dripping Springs School District in,
[01:10:22.480 --> 01:10:26.480]  which had a little bit smarter lawyer and a lawyer used to work in bankruptcy,
[01:10:26.480 --> 01:10:32.480]  so he challenged the thing with the judge at the bankruptcy court.
[01:10:32.480 --> 01:10:37.480]  When my attorney showed up at the hearing, the judge chastised my attorney
[01:10:37.480 --> 01:10:44.480]  for even bringing such a thing to his court. He was not going to have such issues in his court.
[01:10:44.480 --> 01:10:49.480]  Even though there's standing Fifth Circuit case law that says you can challenge these things,
[01:10:49.480 --> 01:10:55.480]  that he was not going to tell him that he needs to do what is appropriate
[01:10:55.480 --> 01:10:59.480]  and he is not going to hear these issues in his court.
[01:10:59.480 --> 01:11:09.480]  So my attorney turned around and withdraws his motion to challenge the accuracy of the property taxes.
[01:11:09.480 --> 01:11:14.480]  He told me, he said, I've got to do that because I can't fall out of this favor with this lawyer,
[01:11:14.480 --> 01:11:18.480]  with this judge's stuff, because he will screw all the rest of my clients,
[01:11:18.480 --> 01:11:22.480]  and then I won't have any good standing in his court.
[01:11:22.480 --> 01:11:29.480]  Yeah, then what you should have done is filed a bar grievance against your attorney and tell him, sorry,
[01:11:29.480 --> 01:11:33.480]  but now you get to go to the judge and tell him I filed a bar grievance against him
[01:11:33.480 --> 01:11:36.480]  and filed a judicial conduct complaint against the judge,
[01:11:36.480 --> 01:11:39.480]  and the judge will know because he gets a complaint too,
[01:11:39.480 --> 01:11:45.480]  and now this dirty rotten pro se is being mean to us, now he actually has to do his job.
[01:11:45.480 --> 01:11:51.480]  Right, but yet, you know, I could almost understand it if this was something that was brand new,
[01:11:51.480 --> 01:11:57.480]  but there was already pre-established case laws in the last 10 years in the Fifth Circuit stuff
[01:11:57.480 --> 01:12:00.480]  that backed what we were doing up.
[01:12:00.480 --> 01:12:07.480]  But yet the judge says, well, not in my court you're not.
[01:12:07.480 --> 01:12:09.480]  So he said if you didn't protest...
[01:12:09.480 --> 01:12:11.480]  He told me to go after the judges.
[01:12:11.480 --> 01:12:16.480]  He said if you didn't protest the taxes when the time for protesting was done,
[01:12:16.480 --> 01:12:20.480]  then you have no right to have them reevaluated here.
[01:12:20.480 --> 01:12:24.480]  I thought to myself, that's exactly what the fucking bankruptcy laws are supposed to be for.
[01:12:24.480 --> 01:12:27.480]  So I thought that was the idiot.
[01:12:27.480 --> 01:12:29.480]  Okay, thank you, Russell.
[01:12:29.480 --> 01:12:32.480]  We've finally got Michael back, thank goodness.
[01:12:32.480 --> 01:12:34.480]  Yes, thank you, Michael.
[01:12:34.480 --> 01:12:36.480]  Thanks for calling back in.
[01:12:36.480 --> 01:12:37.480]  Okay, talk to you later.
[01:12:37.480 --> 01:12:39.480]  Okay, thanks, Russell.
[01:12:39.480 --> 01:12:42.480]  Okay, we got Michael from Connecticut.
[01:12:42.480 --> 01:12:43.480]  Hi, guys.
[01:12:43.480 --> 01:12:45.480]  Hey, Michael, what's on your mind tonight?
[01:12:45.480 --> 01:12:47.480]  Deborah, I want to tell you put together a great show.
[01:12:47.480 --> 01:12:49.480]  Oh, thank you.
[01:12:49.480 --> 01:12:55.480]  Randy, I have a case of a disappearing arrest warrant.
[01:12:55.480 --> 01:12:57.480]  There's nowhere to be found.
[01:12:57.480 --> 01:12:58.480]  I have one of those.
[01:12:58.480 --> 01:13:00.480]  I have some of those myself.
[01:13:00.480 --> 01:13:02.480]  Okay, you're in Connecticut.
[01:13:02.480 --> 01:13:04.480]  Okay.
[01:13:04.480 --> 01:13:09.480]  Have you read the criminal procedure code for Connecticut?
[01:13:09.480 --> 01:13:11.480]  Yes.
[01:13:11.480 --> 01:13:17.480]  What does it say that the magistrate, after the person has rested,
[01:13:17.480 --> 01:13:19.480]  he's brought before a magistrate?
[01:13:19.480 --> 01:13:20.480]  Right.
[01:13:20.480 --> 01:13:21.480]  What does it say?
[01:13:21.480 --> 01:13:23.480]  And the records are given to the magistrate.
[01:13:23.480 --> 01:13:27.480]  Does it say anything about what the magistrate is supposed to do with them?
[01:13:27.480 --> 01:13:31.480]  No, I don't think so.
[01:13:31.480 --> 01:13:35.480]  I haven't read the code in a while,
[01:13:35.480 --> 01:13:41.480]  but they're supposed to serve a copy on the person being arrested, which didn't happen.
[01:13:41.480 --> 01:13:47.480]  And I have an attorney, and I brought up the fact that there's no warrant.
[01:13:47.480 --> 01:13:55.480]  Well, there's an affidavit for an application for a warrant that's in the file.
[01:13:55.480 --> 01:13:59.480]  You know, it's a warrant, affidavit.
[01:13:59.480 --> 01:14:06.480]  And I thought that was the warrant because it said affidavit slash warrant.
[01:14:06.480 --> 01:14:09.480]  But the attorney told me, no, that's not the warrant, that's the affidavit.
[01:14:09.480 --> 01:14:11.480]  And then I looked at the rules,
[01:14:11.480 --> 01:14:14.480]  and the warrant is supposed to be stapled to the actual affidavit
[01:14:14.480 --> 01:14:16.480]  and then put back in the court file.
[01:14:16.480 --> 01:14:20.480]  So were you arrested for an on-site offense?
[01:14:20.480 --> 01:14:23.480]  It was my girlfriend's case.
[01:14:23.480 --> 01:14:24.480]  She was arrested.
[01:14:24.480 --> 01:14:25.480]  No.
[01:14:25.480 --> 01:14:28.480]  Well, yeah, it was a violation of probation.
[01:14:28.480 --> 01:14:29.480]  Oh, so they had to have a warrant.
[01:14:29.480 --> 01:14:32.480]  This wasn't something they could do on-site.
[01:14:32.480 --> 01:14:33.480]  There had to be a warrant.
[01:14:33.480 --> 01:14:36.480]  Yeah, they came out, they told her she had a warrant,
[01:14:36.480 --> 01:14:39.480]  and they handcuffed her, and they took her in,
[01:14:39.480 --> 01:14:44.480]  and they brought her to jail in the basement of the courthouse.
[01:14:44.480 --> 01:14:47.480]  I have a guy in Amarillo.
[01:14:47.480 --> 01:14:49.480]  He's in his house.
[01:14:49.480 --> 01:14:51.480]  Two policemen come up on his porch.
[01:14:51.480 --> 01:14:53.480]  He sees them through the front door,
[01:14:53.480 --> 01:14:56.480]  and one of them pulls a pistol and points it at him
[01:14:56.480 --> 01:15:01.480]  and tells him, if he doesn't open the door, I will kill you.
[01:15:01.480 --> 01:15:03.480]  So he opens the door.
[01:15:03.480 --> 01:15:05.480]  They cuff him, put him in the patrol car,
[01:15:05.480 --> 01:15:07.480]  take him to the hospital,
[01:15:07.480 --> 01:15:11.480]  and force him to give biometric data,
[01:15:11.480 --> 01:15:14.480]  the blood sample, urine sample,
[01:15:14.480 --> 01:15:19.480]  and then they dump him out on the street.
[01:15:19.480 --> 01:15:23.480]  I'm starting working through the allegations.
[01:15:23.480 --> 01:15:27.480]  Aggravated assault, criminal trespass first.
[01:15:27.480 --> 01:15:29.480]  They entered onto private property
[01:15:29.480 --> 01:15:31.480]  for the purpose of the commission of a crime
[01:15:31.480 --> 01:15:34.480]  while displaying a deadly weapon.
[01:15:34.480 --> 01:15:38.480]  Then aggravated assault,
[01:15:38.480 --> 01:15:42.480]  they pointed the deadly weapon at him in his private home
[01:15:42.480 --> 01:15:45.480]  and threatened to kill him with it.
[01:15:45.480 --> 01:15:48.480]  If he didn't open the door, well, he did open the door.
[01:15:48.480 --> 01:15:52.480]  Then they physically abducted him
[01:15:52.480 --> 01:15:59.480]  and used a motor vehicle to transport him to another place.
[01:15:59.480 --> 01:16:04.480]  You got criminal trespass, aggravated assault,
[01:16:04.480 --> 01:16:14.480]  aggravated kidnapping against the doctor.
[01:16:14.480 --> 01:16:16.480]  The doctor told him, he told him,
[01:16:16.480 --> 01:16:19.480]  I'm not giving you any urine sample.
[01:16:19.480 --> 01:16:23.480]  The doctor told him, well, you're not leaving here until you do.
[01:16:23.480 --> 01:16:27.480]  Bad move, Bubba.
[01:16:27.480 --> 01:16:30.480]  He's already a part of it, but now he threatens it.
[01:16:30.480 --> 01:16:32.480]  So this is how we're going after him.
[01:16:32.480 --> 01:16:35.480]  Okay, Michael, hang on the line because we're going to break.
[01:16:35.480 --> 01:16:36.480]  Okay.
[01:16:36.480 --> 01:16:37.480]  All right, we'll be right back.
[01:16:37.480 --> 01:16:55.480]  This is the rule of law on Rule of Law Radio.
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[01:18:11.480 --> 01:18:27.480]  So now you're the police, you got me up against the wall. Nowhere to run to, but I never felt so tough. You brought your big guns, it doesn't bother me at all.
[01:18:27.480 --> 01:18:33.480]  The harder you will push, the harder you will fall.
[01:18:33.480 --> 01:18:43.480]  Everybody needs somebody to depend on. So help your brother to stand alone.
[01:18:43.480 --> 01:19:04.480]  Everybody needs somebody to depend on. Help your sister to stand alone.
[01:19:04.480 --> 01:19:15.480]  So now your money got me into the poorhouse. Isn't it funny? The water, water everywhere.
[01:19:15.480 --> 01:19:26.480]  Not much for drinking, and it got me just thinking. Plenty for bombers, but not a dollar to spare.
[01:19:26.480 --> 01:19:37.480]  Everybody needs somebody to depend on. Help your brother to stand alone.
[01:19:37.480 --> 01:19:59.480]  Everybody needs somebody to depend on. Help your sister to stand alone.
[01:19:59.480 --> 01:20:09.480]  Stand alone, your brother. Stand alone, your brother. Stand alone.
[01:20:09.480 --> 01:20:36.480]  Everybody needs somebody to depend on. Help your sister to stand alone.
[01:20:36.480 --> 01:20:43.480]  All right, this is the rule of law on Rule of Law Radio, ruleoflawradio.com.
[01:20:43.480 --> 01:20:50.480]  Randy Kelton and Deborah Stevens. Callers, if you'd like to call in, 512-646-1984.
[01:20:50.480 --> 01:20:55.480]  We're speaking right now with Michael in Connecticut talking about missing warrant.
[01:20:55.480 --> 01:21:01.480]  Okay, Randy, go ahead. You were saying something to Michael right before we went to break.
[01:21:01.480 --> 01:21:07.480]  Has your attorney, so your attorney just blew this off as if it wasn't important?
[01:21:07.480 --> 01:21:12.480]  Well, this is a new attorney because the other one is trying to remove herself off the case.
[01:21:12.480 --> 01:21:18.480]  There was a public defender, so I actually hired an attorney, which I felt bad afterwards that I actually hired one.
[01:21:18.480 --> 01:21:22.480]  But I said, well, where is the warrant then? He says, well, it's got to be in the court file.
[01:21:22.480 --> 01:21:29.480]  I said, it's not there. And he said, well, somebody has to have it. And I said, like who?
[01:21:29.480 --> 01:21:31.480]  And he didn't answer me.
[01:21:31.480 --> 01:21:38.480]  It doesn't matter who has it. If the court clerk doesn't have it, it doesn't exist.
[01:21:38.480 --> 01:21:44.480]  Do you have a certified copy of the court record?
[01:21:44.480 --> 01:21:52.480]  I only have a certified copy of the complaint or the information. I don't have anything else.
[01:21:52.480 --> 01:22:00.480]  Make a written request for a certified copy of the arrest warrant.
[01:22:00.480 --> 01:22:08.480]  Give it to the clerk of the court and she'll say, why I don't have one of those.
[01:22:08.480 --> 01:22:17.480]  And you say, no problem. Just give me back an answer stating that you have no records responsive to my request.
[01:22:17.480 --> 01:22:22.480]  I did that in Comanche County or Cherokee County last week.
[01:22:22.480 --> 01:22:27.480]  And the clerk said, well, I just told you that. I said, yes, ma'am, you just did.
[01:22:27.480 --> 01:22:33.480]  But I gave you a written request. Now I would appreciate a written answer.
[01:22:33.480 --> 01:22:36.480]  She said, OK. She gave me a written answer.
[01:22:36.480 --> 01:22:47.480]  Now I have evidence that at this point in time, the court was without jurisdiction because there was no warrant.
[01:22:47.480 --> 01:22:53.480]  You stop the clock there so they can't supplement the record later.
[01:22:53.480 --> 01:22:58.480]  You absolutely need to raise that objection.
[01:22:58.480 --> 01:23:08.480]  I'll have to tell the attorney. I mean, I'll do the information request, but I'd have to tell the attorney what to do.
[01:23:08.480 --> 01:23:11.480]  He should know what to do.
[01:23:11.480 --> 01:23:17.480]  Then if the attorney doesn't, then bar grievance against the attorney.
[01:23:17.480 --> 01:23:21.480]  Right. But if you request them to do something, they're supposed to do it, right?
[01:23:21.480 --> 01:23:24.480]  As long as it's legitimate.
[01:23:24.480 --> 01:23:26.480]  I couldn't understand that.
[01:23:26.480 --> 01:23:37.480]  If you request them to do something, they have to do it as long as it's legitimate, right?
[01:23:37.480 --> 01:23:38.480]  Wait a minute, Randy.
[01:23:38.480 --> 01:23:43.480]  Randy, we're starting to lose you.
[01:23:43.480 --> 01:23:48.480]  Yeah, Randy, I think you've got a bad connection here.
[01:23:48.480 --> 01:23:51.480]  Can you just call into the 6-4?
[01:23:51.480 --> 01:23:55.480]  Can you just call into the guest bridge, please?
[01:23:55.480 --> 01:23:57.480]  Okay, I'm sorry, listeners.
[01:23:57.480 --> 01:24:06.480]  We've got Randy in Las Vegas tonight, and I think maybe the hotel he's staying at doesn't have very good...
[01:24:06.480 --> 01:24:08.480]  Maybe he hit the jackpot.
[01:24:08.480 --> 01:24:15.480]  Internet connection. Yeah, perhaps so.
[01:24:15.480 --> 01:24:27.480]  But at any rate, Michael, what he was telling you is that basically if it's not in the clerk's possession, it doesn't exist in the eyes of the court.
[01:24:27.480 --> 01:24:30.480]  Right, because it's the court of record, right?
[01:24:30.480 --> 01:24:31.480]  Exactly.
[01:24:31.480 --> 01:24:33.480]  It has to be in the clerk's office.
[01:24:33.480 --> 01:24:38.480]  I was discussing that with the attorney, and that he blew off.
[01:24:38.480 --> 01:24:42.480]  Right. Right, exactly.
[01:24:42.480 --> 01:24:49.480]  I also wanted to ask him what the difference is between malicious prosecution and false imprisonment.
[01:24:49.480 --> 01:24:51.480]  Do you know the answer to that?
[01:24:51.480 --> 01:24:53.480]  It looks like we got him back on the guest bridge.
[01:24:53.480 --> 01:24:55.480]  Randy, are you there?
[01:24:55.480 --> 01:24:56.480]  Yeah, I'm here.
[01:24:56.480 --> 01:24:58.480]  Okay, all right.
[01:24:58.480 --> 01:25:04.480]  Michael was asking about what the difference is between malicious prosecution, and go ahead, Michael.
[01:25:04.480 --> 01:25:09.480]  And false imprisonment.
[01:25:09.480 --> 01:25:11.480]  Wait, I missed that.
[01:25:11.480 --> 01:25:16.480]  What's the difference between malicious prosecution and false imprisonment?
[01:25:16.480 --> 01:25:18.480]  Oh, okay.
[01:25:18.480 --> 01:25:25.480]  Malicious prosecution is filing an accusation that's not true, that has no merit.
[01:25:25.480 --> 01:25:31.480]  False imprisonment is arresting someone and holding them without legal authority.
[01:25:31.480 --> 01:25:33.480]  Okay.
[01:25:33.480 --> 01:25:38.480]  So is false imprisonment a criminal and a civil, or is it just...
[01:25:38.480 --> 01:25:41.480]  That's a civil action, right?
[01:25:41.480 --> 01:25:43.480]  False imprisonment is always criminal.
[01:25:43.480 --> 01:25:51.480]  If you don't have a false imprisonment statute, as we don't in Texas, then the accusation is kidnapping.
[01:25:51.480 --> 01:25:55.480]  Okay, we don't have that here.
[01:25:55.480 --> 01:25:56.480]  False imprisonment.
[01:25:56.480 --> 01:25:57.480]  False imprisonment?
[01:25:57.480 --> 01:25:59.480]  You absolutely will have kidnapping.
[01:25:59.480 --> 01:26:00.480]  Everybody will have that.
[01:26:00.480 --> 01:26:01.480]  Yeah, we don't have false imprisonment here.
[01:26:01.480 --> 01:26:04.480]  But what about on the civil side?
[01:26:04.480 --> 01:26:12.480]  Yeah, false imprisonment, like in Texas, the tort action is false imprisonment.
[01:26:12.480 --> 01:26:14.480]  That's the civil tort.
[01:26:14.480 --> 01:26:17.480]  The criminal complaint is kidnapping.
[01:26:17.480 --> 01:26:18.480]  What if it's not?
[01:26:18.480 --> 01:26:25.480]  False imprisonment isn't listed as a civil tort in the statute?
[01:26:25.480 --> 01:26:27.480]  I'm having trouble hearing you.
[01:26:27.480 --> 01:26:38.480]  What if false imprisonment isn't listed as a civil tort in the statute, like as a cause of action?
[01:26:38.480 --> 01:26:39.480]  Oh, no, it won't be in the...
[01:26:39.480 --> 01:26:42.480]  No, false imprisonment won't be in the statute.
[01:26:42.480 --> 01:26:43.480]  Okay, because my attorney...
[01:26:43.480 --> 01:26:47.480]  You need to get a book on causes of actions for...
[01:26:47.480 --> 01:26:49.480]  Okay, my attorney didn't know the difference.
[01:26:49.480 --> 01:26:52.480]  That's why I'm asking you.
[01:26:52.480 --> 01:26:54.480]  What?
[01:26:54.480 --> 01:26:59.480]  Your attorney didn't know the difference between malicious prosecution and false imprisonment?
[01:26:59.480 --> 01:27:01.480]  You need another attorney.
[01:27:01.480 --> 01:27:04.480]  They seem not to know the difference.
[01:27:04.480 --> 01:27:07.480]  Because those things are not...
[01:27:07.480 --> 01:27:09.480]  Go ahead.
[01:27:09.480 --> 01:27:21.480]  Yeah, they don't have anything to do with each other, not necessarily, in that you can be maliciously prosecuted but not falsely imprisoned.
[01:27:21.480 --> 01:27:23.480]  Okay.
[01:27:23.480 --> 01:27:24.480]  Yeah, I was talking about...
[01:27:24.480 --> 01:27:28.480]  Or you can be falsely imprisoned and not maliciously prosecuted.
[01:27:28.480 --> 01:27:32.480]  Those two don't necessarily have anything to do with each other.
[01:27:32.480 --> 01:27:36.480]  Well, I was talking to him about that and false imprisonment, and then he turned around and said,
[01:27:36.480 --> 01:27:41.480]  well, you have to win the case first for a malicious prosecution claim.
[01:27:41.480 --> 01:27:45.480]  I said I didn't say malicious prosecution.
[01:27:45.480 --> 01:27:46.480]  And I said false imprisonment.
[01:27:46.480 --> 01:27:48.480]  I said those are two different things.
[01:27:48.480 --> 01:27:53.480]  And he looked at me and said, well, I'm not going to argue with you.
[01:27:53.480 --> 01:27:56.480]  I was just assuming he didn't know the difference.
[01:27:56.480 --> 01:28:00.480]  Well, that's what it sounds like.
[01:28:00.480 --> 01:28:03.480]  And it wouldn't surprise me.
[01:28:03.480 --> 01:28:07.480]  They never adjudicate cases.
[01:28:07.480 --> 01:28:10.480]  They just orchestrate deals.
[01:28:10.480 --> 01:28:12.480]  Yeah.
[01:28:12.480 --> 01:28:14.480]  I think I wasted my money.
[01:28:14.480 --> 01:28:21.480]  There's one here who said the attorney had never filed a motion as long as she'd worked for him.
[01:28:21.480 --> 01:28:23.480]  Didn't have to.
[01:28:23.480 --> 01:28:26.480]  He deals.
[01:28:26.480 --> 01:28:28.480]  And this one may be doing the same thing.
[01:28:28.480 --> 01:28:31.480]  Yeah.
[01:28:31.480 --> 01:28:34.480]  Well, I know there's other callers, so I'll let you guys go.
[01:28:34.480 --> 01:28:37.480]  But thanks a lot for your help.
[01:28:37.480 --> 01:28:39.480]  You're most welcome.
[01:28:39.480 --> 01:28:42.480]  All right, thank you, Michael.
[01:28:42.480 --> 01:28:46.480]  We are going to go on now to Joe in Texas.
[01:28:46.480 --> 01:28:47.480]  Hey, Joe, thanks for calling in.
[01:28:47.480 --> 01:28:49.480]  What's on your mind tonight?
[01:28:49.480 --> 01:28:52.480]  Hey, guys, I've got a simple ticket question, okay?
[01:28:52.480 --> 01:29:00.480]  In Austin, they blockade, you know, they block off the roads in Austin so they can have 6th Street unavailable to vehicles.
[01:29:00.480 --> 01:29:06.480]  And I was sitting at a barricaded road by the barricade waiting for a fare.
[01:29:06.480 --> 01:29:08.480]  I'm a cab driver, okay?
[01:29:08.480 --> 01:29:12.480]  And a cop came up and gave me a ticket for impeding traffic.
[01:29:12.480 --> 01:29:19.480]  Now, can I get an impeding traffic ticket on a road that's been barricaded?
[01:29:19.480 --> 01:29:23.480]  You mean no traffic could go past on the road?
[01:29:23.480 --> 01:29:24.480]  Right.
[01:29:24.480 --> 01:29:27.480]  The traffic was blocked off by their barricades.
[01:29:27.480 --> 01:29:30.480]  You can get the ticket.
[01:29:30.480 --> 01:29:32.480]  All right, listen, hold on.
[01:29:32.480 --> 01:29:33.480]  Hold on.
[01:29:33.480 --> 01:29:34.480]  We're going to break now.
[01:29:34.480 --> 01:29:35.480]  We're going to break.
[01:29:35.480 --> 01:29:36.480]  We'll be right back.
[01:29:36.480 --> 01:29:40.480]  We'll be right back on Rule of Law, Randy Kelton and Deborah Stevens on Rule of Law Radio.
[01:29:40.480 --> 01:29:55.480]  We'll be right back.
[01:29:55.480 --> 01:30:00.480]  Gold prices are at historic highs, and with the recent pullback, this is a great time to buy.
[01:30:00.480 --> 01:30:06.480]  With the value of the dollar, risks of inflation, geopolitical uncertainties, and instability in rural financial systems,
[01:30:06.480 --> 01:30:08.480]  I see gold going up much higher.
[01:30:08.480 --> 01:30:11.480]  Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
[01:30:11.480 --> 01:30:15.480]  Everybody should have some of their assets in investment-grade precious metals.
[01:30:15.480 --> 01:30:19.480]  At Roberts and Roberts Brokerage, you can buy gold, silver, and platinum with confidence
[01:30:19.480 --> 01:30:24.480]  from a brokerage that's specialized in the precious metals market since 1977.
[01:30:24.480 --> 01:30:29.480]  If you are new to precious metals, we will happily provide you with the information you need to make an informed decision.
[01:30:29.480 --> 01:30:32.480]  Whether or not you choose to purchase from us.
[01:30:32.480 --> 01:30:35.480]  Also, Roberts and Roberts Brokerage values your privacy
[01:30:35.480 --> 01:30:40.480]  and will always advise you in the event that we would be required to report any transaction.
[01:30:40.480 --> 01:30:45.480]  If you have gold, silver, or platinum you'd like to sell, we can convert it for immediate payment.
[01:30:45.480 --> 01:30:49.480]  Call us at 800-874-9760.
[01:30:49.480 --> 01:30:55.480]  We're Roberts and Roberts Brokerage, 800-874-9760.
[01:30:55.480 --> 01:30:59.480]  Yeah
[01:30:59.480 --> 01:31:01.480]  I'll say
[01:31:01.480 --> 01:31:03.480]  Oh yeah
[01:31:03.480 --> 01:31:05.480]  Away
[01:31:05.480 --> 01:31:07.480]  Away
[01:31:07.480 --> 01:31:09.480]  To the world, my sheep away
[01:31:09.480 --> 01:31:11.480]  Away
[01:31:11.480 --> 01:31:13.480]  Away
[01:31:13.480 --> 01:31:15.480]  To the world, my sheep away
[01:31:15.480 --> 01:31:17.480]  That's the way
[01:31:17.480 --> 01:31:19.480]  To the place
[01:31:19.480 --> 01:31:22.480]  To the world, my sheep away
[01:31:22.480 --> 01:31:25.480]  I hope everybody come and see the story
[01:31:25.480 --> 01:31:29.480]  They use the vote machine and rule the world
[01:31:29.480 --> 01:31:32.480]  I hope they distinguish the election from me
[01:31:32.480 --> 01:31:35.480]  When I see what happened in the Ohio State you see
[01:31:35.480 --> 01:31:38.480]  Them gangas used to hack us and gone happy
[01:31:38.480 --> 01:31:42.480]  Two ladies gave a real whispery
[01:31:42.480 --> 01:31:45.480]  Now three years later them a tell me
[01:31:45.480 --> 01:31:48.480]  Four years push the three when they come true
[01:31:48.480 --> 01:31:50.480]  Away
[01:31:50.480 --> 01:31:52.480]  Away
[01:31:52.480 --> 01:31:54.480]  To the world, my sheep away
[01:31:54.480 --> 01:31:56.480]  Away
[01:31:56.480 --> 01:31:58.480]  Away
[01:31:58.480 --> 01:32:02.480]  To the world, my sheep away
[01:32:02.480 --> 01:32:05.480]  Paper ballots just like our wallets
[01:32:05.480 --> 01:32:08.480]  We always gotta see them
[01:32:08.480 --> 01:32:13.480]  So we can get our freedom
[01:32:13.480 --> 01:32:19.480]  Count them one by one by one
[01:32:19.480 --> 01:32:24.480]  Tell me what's the real one, oh run run run
[01:32:24.480 --> 01:32:27.480]  Away
[01:32:27.480 --> 01:32:29.480]  Away
[01:32:29.480 --> 01:32:32.480]  To the world, my sheep away
[01:32:32.480 --> 01:32:34.480]  Away
[01:32:34.480 --> 01:32:36.480]  Away
[01:32:36.480 --> 01:32:38.480]  To the world, my sheep away
[01:32:38.480 --> 01:32:40.480]  All right we are back the rule of law
[01:32:40.480 --> 01:32:42.480]  Rady Kelton and Deborah Stevens
[01:32:42.480 --> 01:32:44.480]  Throw the vote machines away
[01:32:44.480 --> 01:32:46.480]  To the world, my sheep away
[01:32:46.480 --> 01:32:48.480]  All right we are speaking right now with
[01:32:48.480 --> 01:32:51.480]  Joe from Texas
[01:32:51.480 --> 01:32:54.480]  Okay who is talking about
[01:32:54.480 --> 01:32:58.480]  Can you be guilty or cited for
[01:32:58.480 --> 01:33:02.480]  Impeding traffic when you're sitting
[01:33:02.480 --> 01:33:05.480]  Now was it on Sixth Street Joe where they have blots up
[01:33:05.480 --> 01:33:08.480]  And just listeners for people who don't know
[01:33:08.480 --> 01:33:10.480]  What the scenario is here
[01:33:10.480 --> 01:33:13.480]  Sixth Street in Austin is where you know
[01:33:13.480 --> 01:33:16.480]  A lot of the clubs and the bars are and stuff like that
[01:33:16.480 --> 01:33:20.480]  And there's pedestrians walking up and down the streets
[01:33:20.480 --> 01:33:23.480]  Especially on the weekends, drunk, falling down
[01:33:23.480 --> 01:33:26.480]  Et cetera et cetera and so what the police do
[01:33:26.480 --> 01:33:29.480]  Which I think is a wise move is they just block off
[01:33:29.480 --> 01:33:32.480]  The traffic to keep people from driving on Sixth Street
[01:33:32.480 --> 01:33:35.480]  It's a one way street and that way
[01:33:35.480 --> 01:33:39.480]  You know it keeps the safety level a little bit higher
[01:33:39.480 --> 01:33:42.480]  If possible for the pedestrians and they just let the
[01:33:42.480 --> 01:33:44.480]  Pedestrians run around the street going across the street
[01:33:44.480 --> 01:33:47.480]  From one bar to the next so Joe were you actually
[01:33:47.480 --> 01:33:49.480]  On Sixth Street or were you like on one of the parallel
[01:33:49.480 --> 01:33:51.480]  Side streets
[01:33:51.480 --> 01:33:54.480]  I was on a parallel side street I was at Seventh and Trinity
[01:33:54.480 --> 01:33:55.480]  Trinity okay
[01:33:55.480 --> 01:33:57.480]  It had been blocked off already
[01:33:57.480 --> 01:34:00.480]  I was waiting for a fare cabs had been picking up
[01:34:00.480 --> 01:34:02.480]  And dropping off people there forever
[01:34:02.480 --> 01:34:04.480]  I've been driving a cab for fifteen years and I've never
[01:34:04.480 --> 01:34:05.480]  Gotten this ticket
[01:34:05.480 --> 01:34:08.480]  Were you inside a barricaded area
[01:34:08.480 --> 01:34:11.480]  I was not inside the barricaded area I was parallel
[01:34:11.480 --> 01:34:14.480]  To the barricade but I was out of the flow of traffic
[01:34:14.480 --> 01:34:17.480]  Going eastbound on East Seventh
[01:34:17.480 --> 01:34:20.480]  The cops walked up to me and said that I was impeding
[01:34:20.480 --> 01:34:23.480]  Traffic when you know he goes well what if an emergency
[01:34:23.480 --> 01:34:26.480]  Vehicle wanted to come through and easily
[01:34:26.480 --> 01:34:29.480]  In the vehicle I can move the vehicle but I did have at least
[01:34:29.480 --> 01:34:33.480]  Twenty feet on the west side of Trinity
[01:34:33.480 --> 01:34:36.480]  That the vehicle could have gone through but the
[01:34:36.480 --> 01:34:39.480]  You know the roads are blocked off anyway
[01:34:39.480 --> 01:34:41.480]  And he walked up and said that I was impeding
[01:34:41.480 --> 01:34:43.480]  Standing stopping at an intersection
[01:34:43.480 --> 01:34:46.480]  So you were facing southbound on Trinity
[01:34:46.480 --> 01:34:49.480]  No I was facing eastbound
[01:34:49.480 --> 01:34:51.480]  On Seventh Street
[01:34:51.480 --> 01:34:52.480]  Okay
[01:34:52.480 --> 01:34:55.480]  And Trinity goes northbound because it's a one way street
[01:34:55.480 --> 01:34:56.480]  Blocked off
[01:34:56.480 --> 01:34:57.480]  Yes
[01:34:57.480 --> 01:34:59.480]  And he walked up said that I was impeding traffic
[01:34:59.480 --> 01:35:00.480]  Okay I get it
[01:35:00.480 --> 01:35:02.480]  And they have it blocked off
[01:35:02.480 --> 01:35:05.480]  So you can get a ticket for that
[01:35:05.480 --> 01:35:08.480]  But that is a
[01:35:08.480 --> 01:35:14.480]  That's an excellent example of malicious prosecution
[01:35:14.480 --> 01:35:18.480]  Now is this a ticket worth adding in court?
[01:35:18.480 --> 01:35:20.480]  You betcha I think they all are
[01:35:20.480 --> 01:35:23.480]  You might want to make those cops not ever want to write you
[01:35:23.480 --> 01:35:25.480]  Another ticket
[01:35:25.480 --> 01:35:26.480]  Right
[01:35:26.480 --> 01:35:28.480]  That's aggravated perjury
[01:35:28.480 --> 01:35:32.480]  Felony tampering with the government document
[01:35:32.480 --> 01:35:37.480]  And misdemeanor malicious prosecution
[01:35:37.480 --> 01:35:39.480]  And I know what the ticket said
[01:35:39.480 --> 01:35:41.480]  The appear on or before a certain date
[01:35:41.480 --> 01:35:42.480]  Right
[01:35:42.480 --> 01:35:46.480]  That made it another criminal act
[01:35:46.480 --> 01:35:49.480]  Email me after the show I'll give you an idea of how to
[01:35:49.480 --> 01:35:53.480]  Make them not ever want that to get anywhere near a courtroom
[01:35:53.480 --> 01:35:54.480]  Okay
[01:35:54.480 --> 01:35:55.480]  Okay
[01:35:55.480 --> 01:35:56.480]  I will do that
[01:35:56.480 --> 01:35:59.480]  And do you recommend going and setting up a court date before
[01:35:59.480 --> 01:36:01.480]  The honor or appear date?
[01:36:01.480 --> 01:36:04.480]  How long ago did you get the ticket?
[01:36:04.480 --> 01:36:08.480]  I got it on the 3rd of January
[01:36:08.480 --> 01:36:10.480]  Oh crap it's too late
[01:36:10.480 --> 01:36:12.480]  You wanted to go down
[01:36:12.480 --> 01:36:14.480]  The next time you get a ticket
[01:36:14.480 --> 01:36:16.480]  Yeah the next day
[01:36:16.480 --> 01:36:17.480]  Right
[01:36:17.480 --> 01:36:18.480]  If it's a weekend
[01:36:18.480 --> 01:36:20.480]  Where did it belong?
[01:36:20.480 --> 01:36:25.480]  If it's a weekend the very next day the very first time you can get to the court
[01:36:25.480 --> 01:36:30.480]  And the clerk is going to say well I don't have your ticket in my system
[01:36:30.480 --> 01:36:32.480]  And you tell the clerk
[01:36:32.480 --> 01:36:35.480]  You're a problem not my problem
[01:36:35.480 --> 01:36:36.480]  Right
[01:36:36.480 --> 01:36:43.480]  I'm here on the time on the day to see the magistrate
[01:36:43.480 --> 01:36:48.480]  And what you want to have I've got blank criminal complaints on my website
[01:36:48.480 --> 01:36:55.480]  I should make up a complaint for writing this citation
[01:36:55.480 --> 01:37:05.480]  A specific complaint under 543.006 violation of 543.006 transportation code
[01:37:05.480 --> 01:37:08.480]  And then you just download it
[01:37:08.480 --> 01:37:10.480]  I'm sorry go ahead
[01:37:10.480 --> 01:37:25.480]  543.006 543.005 authorizes the policeman to release you after he's arrested you on a traffic citation
[01:37:25.480 --> 01:37:33.480]  He can release you if you sign the citation agreeing to appear before a magistrate
[01:37:33.480 --> 01:37:46.480]  543.006 says the citation shall state a date to appear at least 10 days after the date of arrest
[01:37:46.480 --> 01:38:09.480]  And that's because 27.11 Code of Criminal Procedure says that after an arrest a person has at least 10 full days in which to file motions and pleadings in his behalf
[01:38:09.480 --> 01:38:19.480]  So you've got those 10 days to file so your order to appear after that 10 day period has expired
[01:38:19.480 --> 01:38:27.480]  And paragraph B says the citation shall state a date to appear before a magistrate
[01:38:27.480 --> 01:38:33.480]  What your ticket said was you must appear on or before a date sir
[01:38:33.480 --> 01:38:43.480]  Right and state a date to appear before a magistrate and if you go down there and ask to appear before the magistrate I did that
[01:38:43.480 --> 01:38:50.480]  And the magistrate didn't know he was a magistrate he thought he was a judge and he acted like a judge
[01:38:50.480 --> 01:38:56.480]  And I handed in criminal complaints three criminal complaints against the officer who wrote me the tickets
[01:38:56.480 --> 01:39:05.480]  And the judge refused to take them so when you go down you're going
[01:39:05.480 --> 01:39:13.480]  Go ahead go ahead Brandy I'm sorry I did miss the 10 day I was given your advice by another cab driver that listens to your show frequently
[01:39:13.480 --> 01:39:18.480]  I probably should have taken that advice he told me to do exactly what you said to do
[01:39:18.480 --> 01:39:22.480]  Do you still recommend trying to fight this ticket in court?
[01:39:22.480 --> 01:39:27.480]  You betcha that's a ticket they cannot win
[01:39:27.480 --> 01:39:32.480]  I suggest you fight the ticket by going after the officer
[01:39:32.480 --> 01:39:34.480]  Okay
[01:39:34.480 --> 01:39:39.480]  What will happen is the court will never ever bring it up
[01:39:39.480 --> 01:39:42.480]  Right
[01:39:42.480 --> 01:39:46.480]  You file criminal charges
[01:39:46.480 --> 01:39:49.480]  Okay and that will make them not want to mess with you
[01:39:49.480 --> 01:39:55.480]  Right I got it it'll get around leave that jack leg alone he is trouble
[01:39:55.480 --> 01:39:57.480]  Right I gotcha
[01:39:57.480 --> 01:40:01.480]  I love the show and I appreciate y'all's time
[01:40:01.480 --> 01:40:03.480]  Okay thank you thank you Joe
[01:40:03.480 --> 01:40:05.480]  Alright y'all take care
[01:40:05.480 --> 01:40:12.480]  Okay callers we have open lines right now 512-646-1984
[01:40:12.480 --> 01:40:18.480]  So anyone who would like to call in we've got open lines we can take your call right away
[01:40:18.480 --> 01:40:23.480]  Yeah and I apologize for doing it on the cell phone I'm in Las Vegas right now
[01:40:23.480 --> 01:40:29.480]  and Skype has a way of not being as stable as it could be
[01:40:29.480 --> 01:40:36.480]  but anyway that was opportune because that particular allegation
[01:40:36.480 --> 01:40:41.480]  or that particular ticket was a perfect example of malicious prosecution
[01:40:41.480 --> 01:40:51.480]  where the officer makes an allegation he knows is unfounded and is without merit
[01:40:51.480 --> 01:40:57.480]  and if Joe goes and gets an attorney the attorney is going to charge him a bunch of money
[01:40:57.480 --> 01:41:04.480]  and then tell him what the deal is that's what they all do
[01:41:04.480 --> 01:41:09.480]  but in this one if he goes down and files criminal charges against the officer
[01:41:09.480 --> 01:41:18.480]  for aggravated perjury for making a material statement in the citation that's untrue
[01:41:18.480 --> 01:41:25.480]  and for felony tampering with a government document and then charges him under 543-006
[01:41:25.480 --> 01:41:33.480]  gives that to the magistrate there's no way they're ever going to want that particular case to come to court
[01:41:33.480 --> 01:41:39.480]  because what he will get to do is elicit testimony in the court that he can show us
[01:41:39.480 --> 01:41:45.480]  the officer will either have to lie make up some other story
[01:41:45.480 --> 01:41:52.480]  which is too outrageous for him to be able to do or he will testify in court
[01:41:52.480 --> 01:41:57.480]  that the cab driver was not impeding traffic was out of the flow of traffic
[01:41:57.480 --> 01:42:03.480]  and that means that either he's lying now or he was lying when he wrote the citation
[01:42:03.480 --> 01:42:07.480]  either one of which is aggravated perjury
[01:42:07.480 --> 01:42:14.480]  and under perjury you don't have to prove at which time the person committed perjury
[01:42:14.480 --> 01:42:23.480]  just that you have two statements of material fact that are mutually exclusive of one another
[01:42:23.480 --> 01:42:30.480]  if one is true the other one must be untrue and that's sufficient to convict for aggravated perjury
[01:42:30.480 --> 01:42:34.480]  and besides it is fun to do that
[01:42:34.480 --> 01:42:37.480]  we have Matt from Texas
[01:42:37.480 --> 01:42:40.480]  yes Matt thanks for calling in what's on your mind tonight
[01:42:40.480 --> 01:42:46.480]  hey guys thanks for taking my call I've got a situation I'm a chiropractor
[01:42:46.480 --> 01:42:54.480]  I've got a situation where I'm dealing with the board right now on a complaint that doesn't have any merit
[01:42:54.480 --> 01:42:59.480]  and I'm not so concerned about the complaint itself and dealing with that
[01:42:59.480 --> 01:43:08.480]  but the board in looking at some of my paperwork identified on some of my forms that I have that people fill out
[01:43:08.480 --> 01:43:17.480]  that says you know I just I give a doctor and then my last name without classifying what kind of doctor that I am
[01:43:17.480 --> 01:43:24.480]  but I use that interchangeably I use my name you know comma DC on other documents
[01:43:24.480 --> 01:43:31.480]  so I think if you were to look at everything there's clearly no attempt to defraud anybody
[01:43:31.480 --> 01:43:34.480]  okay wait one second Matt we also have Nolan from North Carolina
[01:43:34.480 --> 01:43:38.480]  we're going to break and we'll take your calls on the other side
[01:43:38.480 --> 01:43:43.480]  this is the rule of law ruleoflawradio.com we'll be right back
[01:43:55.480 --> 01:43:57.480]  stock markets are taking hit after hit
[01:43:57.480 --> 01:44:01.480]  corrupt bankers are choking on subprime debt
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[01:44:09.480 --> 01:44:15.480]  as investors scramble for safety in the metals in the face of a further devaluation of the dollar
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[01:45:32.480 --> 01:45:36.480]  some things in this world I will never understand
[01:45:36.480 --> 01:45:40.480]  some things I realize foolish
[01:45:40.480 --> 01:45:45.480]  somebody's gonna police that policeman
[01:45:45.480 --> 01:45:49.480]  somebody's gonna police the police
[01:45:49.480 --> 01:45:54.480]  there's always a room at the top of the hill
[01:45:54.480 --> 01:45:58.480]  I hear things are great fine and it's lonely there too
[01:45:58.480 --> 01:46:02.480]  they're wishing it was more than a position to build
[01:46:02.480 --> 01:46:07.480]  they know that if they don't do it somebody will
[01:46:07.480 --> 01:46:11.480]  some things in this world I will never understand
[01:46:11.480 --> 01:46:15.480]  some things I realize foolish
[01:46:15.480 --> 01:46:19.480]  this is rule of law on rule of law radio
[01:46:19.480 --> 01:46:23.480]  somebody is gonna police the policeman
[01:46:23.480 --> 01:46:26.480]  somebody is gonna bully the bully that's us and you
[01:46:26.480 --> 01:46:30.480]  all right we are speaking now with Matt in Texas
[01:46:30.480 --> 01:46:34.480]  we've also got Nolan from North Carolina Nolan will be with you in just a moment
[01:46:34.480 --> 01:46:38.480]  okay so Matt let's lay out your scenario here
[01:46:38.480 --> 01:46:43.480]  okay so anyway I had a complaint to the board
[01:46:43.480 --> 01:46:48.480]  which again I'm not so concerned about the complaint
[01:46:48.480 --> 01:46:52.480]  because I feel like that is going to be fairly easy
[01:46:52.480 --> 01:46:57.480]  now this is a patient who made a complaint to the board of chiropractors on you?
[01:46:57.480 --> 01:47:02.480]  no it's actually not a patient it's the mother of a patient
[01:47:02.480 --> 01:47:07.480]  whose divorced father brought in the son to see me
[01:47:07.480 --> 01:47:12.480]  okay first off let me stop you right there you need to look at
[01:47:12.480 --> 01:47:18.480]  the board of chiropractic what their guidelines and rules are for filing a complaint
[01:47:18.480 --> 01:47:24.480]  because most health care licensed health care practitioners boards
[01:47:24.480 --> 01:47:30.480]  I know for sure MDs and psychologists
[01:47:30.480 --> 01:47:35.480]  in order for the board to even consider the complaint at all in order for it to even be a valid complaint
[01:47:35.480 --> 01:47:41.480]  whatsoever to the board in the board's eyes the person filing the document
[01:47:41.480 --> 01:47:45.480]  and signing the document has to be a patient and if they're not it gets thrown out immediately
[01:47:45.480 --> 01:47:48.480]  you can't file a complaint on behalf of someone else
[01:47:48.480 --> 01:47:51.480]  you have to be the patient in order to file a complaint to the board
[01:47:51.480 --> 01:47:53.480]  okay well thank you
[01:47:53.480 --> 01:47:55.480]  what is your phrase as a minor?
[01:47:55.480 --> 01:48:00.480]  so here is really the purpose behind my call but that's really good information
[01:48:00.480 --> 01:48:06.480]  was that when the board was looking over some of the documents that I had submitted to them
[01:48:06.480 --> 01:48:10.480]  they identified that I was in violation of a particular statute
[01:48:10.480 --> 01:48:18.480]  where I did not clearly distinguish myself as a chiropractor by putting DC after my name
[01:48:18.480 --> 01:48:22.480]  where I put doctor last name and then I just left it at that
[01:48:22.480 --> 01:48:27.480]  the statute says that I have to have DC behind there which I do on other forms
[01:48:27.480 --> 01:48:32.480]  and in my office as well so there's no intent and there's no way that anybody could argue
[01:48:32.480 --> 01:48:36.480]  that I'm actually trying to defraud the public and representing myself as being an MD
[01:48:36.480 --> 01:48:46.480]  okay but the investigator you know he sent me the statute which showed that
[01:48:46.480 --> 01:48:50.480]  and I couldn't deny that but at the same time the penalty for that
[01:48:50.480 --> 01:48:57.480]  can be construed as grossly unprofessional conduct with a penalty of possible suspension, revocation
[01:48:57.480 --> 01:49:03.480]  or denial of license which I got a little bit concerned about that
[01:49:03.480 --> 01:49:08.480]  but my question and the really intent behind the call was
[01:49:08.480 --> 01:49:14.480]  how does standing play a role within here if nobody has actually been harmed by this
[01:49:14.480 --> 01:49:18.480]  does the state have any standing and how does that really play out?
[01:49:18.480 --> 01:49:26.480]  well the state can make the accusation but I'm sure if you look at the case law on that particular issue
[01:49:26.480 --> 01:49:33.480]  that there's going to have to be more than simply a clerical error
[01:49:33.480 --> 01:49:36.480]  that there will have to be intent
[01:49:36.480 --> 01:49:42.480]  well Matt also it sounds to me like right now we're not even operating within the court system
[01:49:42.480 --> 01:49:48.480]  as far as what your situation this is an administrative complaint that somebody
[01:49:48.480 --> 01:49:54.480]  who is somewhat far removed from the original patient is making to the board of chiropractors
[01:49:54.480 --> 01:50:02.480]  it's still within the administrative hearing setting
[01:50:02.480 --> 01:50:07.480]  which of the board of chiropractors is a bureaucracy representing the state
[01:50:07.480 --> 01:50:18.480]  so you need to look to see if this board is required to govern itself under typical rules of evidence
[01:50:18.480 --> 01:50:23.480]  and things like this because until you get out of the administrative procedure
[01:50:23.480 --> 01:50:29.480]  generally what happens is these things have to play themselves out within this administrative realm
[01:50:29.480 --> 01:50:36.480]  before they actually get into the court system for case law or statute or anything else to apply
[01:50:36.480 --> 01:50:53.480]  that may be your problem is this administrative this is administrative and it may harm you administratively
[01:50:53.480 --> 01:50:57.480]  so you need to do the case law research
[01:50:57.480 --> 01:51:06.480]  if the statute calls it gross misconduct then they're going to have to show gross misconduct
[01:51:06.480 --> 01:51:18.480]  and I'm certain there will be case law stating that where clerical errors are not there will have to be a showing of intent to defraud
[01:51:18.480 --> 01:51:23.480]  have they filed a criminal complaint against you for intent to defraud
[01:51:23.480 --> 01:51:28.480]  or have they filed a lawsuit against you yet or is this all still administrative?
[01:51:28.480 --> 01:51:34.480]  this is all still administrative and I'm kind of paranoid about this
[01:51:34.480 --> 01:51:41.480]  because talking to a fellow chiropractor who had a friend another chiropractor who just went before the board
[01:51:41.480 --> 01:51:48.480]  he indicated that the board are clearly not our friends and they seem to be acting in a manner
[01:51:48.480 --> 01:51:53.480]  which is one in which just to spin out the herd of chiropractors
[01:51:53.480 --> 01:52:05.480]  well wait hold on has the board contacted you about this complaint yet or do you have an administrative hearing coming up or anything?
[01:52:05.480 --> 01:52:08.480]  they're in the investigative process
[01:52:08.480 --> 01:52:10.480]  they're in the investigative process
[01:52:10.480 --> 01:52:22.480]  good time to head it off send me an email go on the website you can find my email randy at ruleoflaw.com
[01:52:22.480 --> 01:52:32.480]  ruleoflawradio.com send me an email on it give me the statute and I'll look on Alexis
[01:52:32.480 --> 01:52:38.480]  now wait a minute what statute are we talking about here because this is an administrative complaint
[01:52:38.480 --> 01:52:45.480]  what statute? to me he's not being accused of breaking a statute yet this is an administrative complaint
[01:52:45.480 --> 01:52:50.480]  if it's administrative rule or whatever it is
[01:52:50.480 --> 01:52:55.480]  yeah this is not even within the realm of statute yet is what I'm trying to say
[01:52:55.480 --> 01:53:03.480]  this is all still within the realm of a bureaucracy an administrative investigation and procedure
[01:53:03.480 --> 01:53:12.480]  and Matt what you may want to do is do some research into the board of chiropractics what the rules are that they require
[01:53:12.480 --> 01:53:20.480]  what the administrative rules are that they place as requirements on chiropractors
[01:53:20.480 --> 01:53:32.480]  and look up into look up what their specific guidelines are as far as someone filing an administrative complaint with that board
[01:53:32.480 --> 01:53:41.480]  because I know for a fact in those two at least two other realms of health care providership
[01:53:41.480 --> 01:53:47.480]  the person who files the complaint has to be a patient has to be there is no question about it and in fact
[01:53:47.480 --> 01:53:55.480]  look okay here's another thing for you to look at look at the complaint you can demand from the board of chiropractors
[01:53:55.480 --> 01:54:04.480]  you can demand to see the actual complaint that this person filed and if they signed on the dotted line under notary
[01:54:04.480 --> 01:54:09.480]  that they're a patient and they're not then you can nail them for perjury
[01:54:09.480 --> 01:54:11.480]  yeah long issue
[01:54:11.480 --> 01:54:20.480]  okay well see yeah but actually the whole thing could get thrown out on its face if that person filed as a patient
[01:54:20.480 --> 01:54:24.480]  and they're not the whole thing gets thrown out and you don't even need to go to the merits or anything else
[01:54:24.480 --> 01:54:36.480]  again I'm pretty confident that alone I could get that you know basically and I can win that argument no problem
[01:54:36.480 --> 01:54:43.480]  but the board in going and doing this research identified a separate issue and it made me aware of it
[01:54:43.480 --> 01:54:51.480]  and you know they also indicated the penalty along with that so I don't know how serious they are about actually making a big deal about this
[01:54:51.480 --> 01:54:55.480]  but it seems like there's just so many different statutes that somebody has to be aware of
[01:54:55.480 --> 01:55:05.480]  I'm just wondering can they arbitrarily go through there and just make my life a miserable hell by nitpicking anything
[01:55:05.480 --> 01:55:11.480]  and just saying you know this guy's in violation of this he's in violation of that you know
[01:55:11.480 --> 01:55:19.480]  and bring charges against me for each and everything without anybody actually being injured or harmed in any sort of way
[01:55:19.480 --> 01:55:33.480]  yes well that's why we need to do the legal research if you'll send me the rule or whatever it is rule, guideline, statute, whatever it is
[01:55:33.480 --> 01:55:42.480]  if you'll send it to me then I can do some legal research on it and then help you prepare a answer back to them
[01:55:42.480 --> 01:55:48.480]  showing as to why this doesn't rise to a level that would meet the statute
[01:55:48.480 --> 01:55:54.480]  yeah and the other thing is because this may not even be statutes probably just some administrative rules
[01:55:54.480 --> 01:56:03.480]  okay and Matt you're talking about them investigating you and going over your whole practice and every paper you write with a fine tooth comb
[01:56:03.480 --> 01:56:10.480]  okay look at what the rules are that govern investigations by the Board of Chiropractic
[01:56:10.480 --> 01:56:17.480]  because this is why I keep going back to the point of that I seriously doubt that this complaint is even valid on its face
[01:56:17.480 --> 01:56:24.480]  because if they can only investigate you based on a valid complaint and the complaint is not valid
[01:56:24.480 --> 01:56:30.480]  then they have no right to comb over your entire practice and every paper that you've ever typed up
[01:56:30.480 --> 01:56:34.480]  and so that's why I'm saying you need to look at what the rules are that govern that board
[01:56:34.480 --> 01:56:42.480]  and when they can investigate and how and you know can only a patient file a complaint and these sorts of things
[01:56:42.480 --> 01:56:47.480]  okay yeah I appreciate it so much it's been really helpful
[01:56:47.480 --> 01:56:49.480]  okay great
[01:56:49.480 --> 01:56:54.480]  yeah I think I understand what she's getting at now I didn't at first
[01:56:54.480 --> 01:57:00.480]  but if they had no authority to investigate you to start with
[01:57:00.480 --> 01:57:08.480]  then anything they find in the investigation may well be construed as fruit of the poison priest
[01:57:08.480 --> 01:57:13.480]  okay listen we've got we've got a minute and a half left and I want to get to Nolan in North Carolina
[01:57:13.480 --> 01:57:21.480]  right thanks Matt okay Nolan in North Carolina thanks for calling in what's on your mind tonight you got about a minute
[01:57:21.480 --> 01:57:33.480]  hey I wanted to go back to Randy was saying you have two days when you get a citation or traffic ticket to go to the clerk of court
[01:57:33.480 --> 01:57:41.480]  and can you go back over that part again I got it okay now I was talking about the statutes in Texas
[01:57:41.480 --> 01:57:54.480]  North Carolina may be somewhat different but generally if the ticket does your ticket tell you to appear on a certain date a date and time
[01:57:54.480 --> 01:58:10.480]  yeah yep it says March 19th 09 okay then what you're appearing there for is a probable cause hearing
[01:58:10.480 --> 01:58:23.480]  but the courts never have a probable cause hearing and that's an issue you can take out but not being intimately familiar with North Carolina law
[01:58:23.480 --> 01:58:30.480]  it would be hard for me to address that especially the traffic in North Carolina okay
[01:58:30.480 --> 01:58:41.480]  all right listen we're going we're going to we are we are actually at the end of the show so listen if you would like you can call in tomorrow
[01:58:41.480 --> 01:58:49.480]  I'm sorry on Thursday night okay Nolan okay thanks all right thank you all right we will be back on Thursday evening
[01:58:49.480 --> 01:58:53.480]  this is a rule of law on rule of law radio
[01:59:19.480 --> 01:59:21.480]  I'm Chucky
[01:59:21.480 --> 01:59:23.480]  somebody chopped off me
[01:59:23.480 --> 01:59:25.480]  I'm like a stepping razor
[01:59:25.480 --> 01:59:27.480]  don't watch my life
[01:59:27.480 --> 01:59:29.480]  I'm dangerous
[01:59:29.480 --> 01:59:31.480]  I'm dangerous
[01:59:31.480 --> 01:59:33.480]  I'm like a chopping razor
[01:59:33.480 --> 01:59:35.480]  don't watch my life
[01:59:35.480 --> 01:59:37.480]  I'm dangerous
[01:59:37.480 --> 01:59:39.480]  dangerous
[01:59:39.480 --> 01:59:41.480]  it's when you eat out of the box
[01:59:41.480 --> 01:59:43.480]  it's when you eat out of the box
[01:59:43.480 --> 01:59:45.480]  it's when you eat out of the box
[01:59:45.480 --> 01:59:47.480]  it's a dream
[01:59:47.480 --> 01:59:49.480]  it's a dream let's move
[01:59:49.480 --> 01:59:51.480]  it's a dream let's move
[01:59:51.480 --> 02:00:17.480]  it's a dream let's move