[00:00.000 --> 00:12.320]  Israeli settlement construction in the West Bank increased almost 60% in 2008, despite
[00:12.320 --> 00:16.560]  Israel's pledge to freeze all construction.
[00:16.560 --> 00:21.640]  U.S. Admiral Mike Mullen, chairman of the Joint Chiefs of Staff, said Tuesday U.S. military
[00:21.640 --> 00:27.800]  force against Iran remains an option, though it would be a last resort.
[00:27.800 --> 00:32.480]  Prime President Mahmoud Ahmadinejad Wednesday called for profound changes in U.S. foreign
[00:32.480 --> 00:39.280]  policy, including an end to support for Israel and an apology to Iran for past misdeeds.
[00:39.280 --> 00:48.960]  Ahmadinejad also urged Washington to withdraw its troops stationed around the world.
[00:48.960 --> 00:55.760]  NATO forces in Afghanistan admitted Wednesday they killed 100 civilians in 2008, but that
[00:55.760 --> 01:01.020]  the Taliban and al-Qaeda had killed 973.
[01:01.020 --> 01:05.480]  A spokesman for the International Security Assistance Force, ISAF, said these figures
[01:05.480 --> 01:11.600]  were not 100% accurate since there were no birth or death certificates, and the fact
[01:11.600 --> 01:15.600]  that the dead are buried quickly, according to Afghan tradition.
[01:15.600 --> 01:20.800]  NATO was ordered to take new measures last December to minimize civilian casualties as
[01:20.800 --> 01:22.960]  they were affecting popular support.
[01:22.960 --> 01:28.280]  ISAF commander General David McKernan recently directed NATO troops to show respect for the
[01:28.280 --> 01:32.320]  Afghan people, their culture, religion, and customs.
[01:32.320 --> 01:36.720]  Commanders were ordered to ensure troops were properly trained to minimize the need to resort
[01:36.720 --> 01:38.120]  to deadly force.
[01:38.120 --> 01:44.400]  They were also asked to demonstrate proportionality, restraint, and utmost discrimination in engagement.
[01:44.400 --> 01:49.680]  NATO troops were ordered to conduct combined operations with Afghan security forces wherever
[01:49.680 --> 01:56.080]  possible.
[01:56.080 --> 02:01.240]  British authorities have teamed up with Spanish police to arrest six men in connection with
[02:01.240 --> 02:05.760]  an alleged multi-million dollar fraud on the London stock market.
[02:05.760 --> 02:10.600]  The five Spaniards and one Argentinian were detained in Spain as part of a long-running
[02:10.600 --> 02:15.400]  investigation into a company formally listed on the London Stock Exchange.
[02:15.400 --> 02:23.640]  One of the men is alleged to be a former member of Israel's Mossad espionage service.
[02:23.640 --> 02:28.840]  A police official said Thursday the scheme was to create a bogus company listed on the
[02:28.840 --> 02:34.440]  London Stock Exchange, use false documents and rumor to inflate the share price, then
[02:34.440 --> 02:37.400]  sell the shares and pocket the profit.
[02:37.400 --> 02:42.920]  Police did not name the company involved, but reports have named it as Langbar International,
[02:42.920 --> 02:49.440]  a cash-rich shell company formerly run by Monte Carlo-based entrepreneur Marius Rybak,
[02:49.440 --> 03:18.920]  also known as the Baltic Barracuda.
[04:49.440 --> 05:13.280]  Whatcha gonna do when they come for you, bad boys?
[05:13.280 --> 05:23.560]  This is Debra Stephens, Randy Kelton here on the Rule of Law, ruleoflawradio.com.
[05:23.560 --> 05:30.120]  We just had Tom Kiley with his INN World Report radio, Chris Emory calling in, giving some
[05:30.120 --> 05:37.200]  really excellent comments about the Jesse Trinadue case and the Eric Holder nomination.
[05:37.200 --> 05:45.880]  Eric Holder was instrumental in covering up this heinous murder, which was directly associated
[05:45.880 --> 05:49.100]  with the cover-up of the Oklahoma City bombing.
[05:49.100 --> 05:53.720]  And now Eric Holder has been rewarded for his participation in covering up the Oklahoma
[05:53.720 --> 06:00.040]  City bombing, the inside job, the fact that the government was responsible for the Oklahoma
[06:00.040 --> 06:01.040]  City bombing.
[06:01.040 --> 06:08.400]  He had a litmus test for 9-11, and Eric Holder was instrumental in covering up the truth
[06:08.400 --> 06:16.000]  of the Oklahoma City bombing, and for his dirty deeds, he has been rewarded with a nomination
[06:16.000 --> 06:20.480]  for attorney general, so that's just about where it's at.
[06:20.480 --> 06:22.640]  There's no excuses that can be made for the man.
[06:22.640 --> 06:27.600]  It seems like the dirtier they are, the higher up they get, so we're here to do something
[06:27.600 --> 06:28.600]  about it.
[06:28.600 --> 06:32.640]  I've got some articles I want to get into in just a moment, but before we do that, we're
[06:32.640 --> 06:34.280]  going to take a call first.
[06:34.280 --> 06:37.160]  We've got Jeff from Michigan.
[06:37.160 --> 06:39.680]  Jeff has been holding since the previous show.
[06:39.680 --> 06:40.840]  Jeff, thanks for calling in.
[06:40.840 --> 06:41.920]  What's on your mind tonight?
[06:41.920 --> 06:46.200]  Thanks for calling in so early, all the way early, even before the show started.
[06:46.200 --> 06:47.200]  Hi, Deborah.
[06:47.200 --> 06:49.200]  Can you hear me now?
[06:49.200 --> 06:50.200]  Yes, yes.
[06:50.200 --> 06:51.200]  Hi, Randy.
[06:51.200 --> 07:00.080]  I called you guys a few weeks back, and we talked about this credit card company that's
[07:00.080 --> 07:09.600]  suing me for a bad debt, and Randy suggested filing an abatement, and I did a little more
[07:09.600 --> 07:16.720]  research on that and found a website that had pretty much a form letter of what to send
[07:16.720 --> 07:28.120]  in and also a transcript of another case of somebody fighting the IRS, and I sent in this
[07:28.120 --> 07:33.080]  abatement letter, and I just got back from court today, and it didn't work out the
[07:33.080 --> 07:36.120]  way I expected it to.
[07:36.120 --> 07:44.680]  Basically, I explained to the court that I am not this virtual corporate entity spelled
[07:44.680 --> 07:47.000]  all in capital letters on the complaint.
[07:47.000 --> 07:53.120]  I am a natural citizen with my name spelled capital initial lowercase letters correctly,
[07:53.120 --> 08:03.520]  and the judge just disregarded the entire thing, just ignored me and just threw it out
[08:03.520 --> 08:12.800]  the window and bypassed the whole hearing situation, bypassed my opportunity to trial
[08:12.800 --> 08:17.800]  by jury, and gave me a summary judgment.
[08:17.800 --> 08:20.400]  Just ignored me left and right.
[08:20.400 --> 08:21.400]  Wait a minute.
[08:21.400 --> 08:26.200]  Was there a motion for summary judgment before the court?
[08:26.200 --> 08:34.640]  First of all, as a response, I sent in the abatement petition, and the other lawyers
[08:34.640 --> 08:37.640]  sent in a motion to strike.
[08:37.640 --> 08:38.640]  And today...
[08:38.640 --> 08:39.640]  Wait a minute.
[08:39.640 --> 08:45.200]  Was there a motion for summary judgment before the court?
[08:45.200 --> 08:52.520]  I heard the other guy talking about that, but I really didn't understand where that
[08:52.520 --> 08:55.320]  came into it at this stage.
[08:55.320 --> 08:59.040]  Have you received a copy of a motion for summary judgment?
[08:59.040 --> 09:05.400]  No, I just received, or at the court, I was given a copy of the judgment.
[09:05.400 --> 09:11.640]  Okay, the judgment or the motion?
[09:11.640 --> 09:13.960]  No, the judgment.
[09:13.960 --> 09:19.320]  They sent me a motion, it wasn't even a motion, it was like a move to strike, and they sent
[09:19.320 --> 09:22.920]  me an offer, a settlement offer that I just simply ignored.
[09:22.920 --> 09:29.240]  There was a date for the hearing for the motion to strike, and I couldn't make that.
[09:29.240 --> 09:39.520]  I had to be at another court, and they just rescheduled that for the same time, the same
[09:39.520 --> 09:41.800]  day as the bench hearing.
[09:41.800 --> 09:49.720]  Okay, well, right now, I don't have near enough information to make sense out of what's going
[09:49.720 --> 09:50.720]  on.
[09:50.720 --> 09:51.720]  Okay.
[09:51.720 --> 09:58.200]  You're kind of giving me pieces.
[09:58.200 --> 10:03.760]  One thing about the abatement, it has to be the first thing you do.
[10:03.760 --> 10:07.120]  That is exactly the very first thing I did.
[10:07.120 --> 10:14.360]  Then file criminally against the judge, and file a countersuit in the action against the
[10:14.360 --> 10:22.000]  judge for acting without subject matter jurisdiction.
[10:22.000 --> 10:29.280]  If he has no jurisdiction, he has no authority and no power, and he has no immunity.
[10:29.280 --> 10:36.400]  You claim he has no jurisdiction, you challenged jurisdiction, they didn't prove jurisdiction,
[10:36.400 --> 10:38.680]  now go after the judge.
[10:38.680 --> 10:46.160]  It's clear he's not going to be your buddy anyway, but this summary judgment, what was
[10:46.160 --> 10:50.840]  the nature of the summary judgment?
[10:50.840 --> 10:52.600]  It was a bad credit card debt.
[10:52.600 --> 11:00.360]  No, no, no, no, they have to ask for something.
[11:00.360 --> 11:05.080]  What did he rule?
[11:05.080 --> 11:06.080]  You're losing me.
[11:06.080 --> 11:07.080]  I don't understand.
[11:07.080 --> 11:08.960]  What was the judgment?
[11:08.960 --> 11:09.960]  What was the order?
[11:09.960 --> 11:14.960]  What did it say?
[11:14.960 --> 11:27.600]  Order of judgment, he's saying that I owe them $2,700.
[11:27.600 --> 11:29.200]  Somehow this doesn't make sense.
[11:29.200 --> 11:34.400]  Just out of the clear blue sky, he rules for summary judgment for them.
[11:34.400 --> 11:38.980]  They have to file a motion for summary judgment, give you time to respond to the motion for
[11:38.980 --> 11:40.720]  summary judgment.
[11:40.720 --> 11:46.280]  The motion for summary judgment has to show on its face that there are no issues of material
[11:46.280 --> 11:48.880]  fact before the court.
[11:48.880 --> 11:55.080]  Did you not get a copy of a motion asking the judge to rule summarily in their favor?
[11:55.080 --> 11:57.080]  No, I didn't.
[11:57.080 --> 12:01.920]  This all happened within like 10, 15 minutes up in front of the judge.
[12:01.920 --> 12:06.200]  I got the summons complaints and then I sent them in the abatement.
[12:06.200 --> 12:20.280]  I found a fill-in-the-blank, fill-in-your-name letter to the court that as a prudent man,
[12:20.280 --> 12:25.640]  I'm just turning this in because this is a misidentification that this is a fictitious
[12:25.640 --> 12:29.680]  name all spelled in capital letters, my name is spelled correctly.
[12:29.680 --> 12:35.640]  If the accuser wants to file a claim against me, they can refile with my name spelled correctly
[12:35.640 --> 12:41.280]  and I explained all this in person to the judge and he just blew it all off like, what
[12:41.280 --> 12:44.040]  do you mean it's an artificial person?
[12:44.040 --> 12:45.040]  It's an artificial person.
[12:45.040 --> 12:48.400]  I started explaining it's corpus delecti maxima.
[12:48.400 --> 12:49.400]  Speak English.
[12:49.400 --> 12:55.200]  I'm like, well, it means loss of rights, loss of sovereignty, loss of liberty, oh, it doesn't
[12:55.200 --> 12:56.200]  mean any of that.
[12:56.200 --> 12:57.200]  It doesn't mean any of that.
[12:57.200 --> 13:01.600]  If it was spelled correctly, I'm like, well, if you want to file a complaint, spell my
[13:01.600 --> 13:05.400]  name correctly and I will answer your complaint.
[13:05.400 --> 13:09.200]  And wait, wait, wait, wait, wait, wait, wait, wait, wait, wait, wait, wait, wait, wait,
[13:09.200 --> 13:10.200]  wait, wait, wait, wait, wait, wait, wait, wait, wait, wait, wait, wait, wait, wait,
[13:10.200 --> 13:11.200]  wait, wait, wait, wait.
[13:11.200 --> 13:12.200]  What if it was spelled correctly?
[13:12.200 --> 13:13.200]  What would your answer be?
[13:13.200 --> 13:14.200]  Well, it's the violation of the contract from the very get-go.
[13:14.200 --> 13:15.200]  There was no consideration at the contract.
[13:15.200 --> 13:17.720]  They didn't fully disclose the aspects of the contract.
[13:17.720 --> 13:19.600]  Oh, no, no, no, that doesn't matter.
[13:19.600 --> 13:20.940]  I'm ruling for the judge.
[13:20.940 --> 13:21.940]  It's over with.
[13:21.940 --> 13:22.940]  Okay.
[13:22.940 --> 13:27.260]  File criminally for the judge, accuse him of chaperty.
[13:27.260 --> 13:29.160]  Of what?
[13:29.160 --> 13:30.160]  Chaperty.
[13:30.160 --> 13:31.160]  Champery.
[13:31.160 --> 13:37.960]  That's where he litigates from the bench.
[13:37.960 --> 13:42.560]  He rules summarily against you without a motion for summary judgment.
[13:42.560 --> 13:44.600]  He's litigating from the bench.
[13:44.600 --> 13:49.240]  You've challenged jurisdiction, he failed to prove jurisdiction.
[13:49.240 --> 13:54.900]  File criminally against him with the U.S. attorney and file a countersuit against him
[13:54.900 --> 14:01.160]  for acting without subject matter jurisdiction in this case.
[14:01.160 --> 14:02.500]  See they've sued you.
[14:02.500 --> 14:10.600]  You countersue them and sue the judge and then move to disqualify the judge.
[14:10.600 --> 14:13.880]  He's disqualified because now he's a litigant.
[14:13.880 --> 14:20.720]  That'll get their attention and charge the judge with failing to read, either failing
[14:20.720 --> 14:29.840]  to read the pleadings or being incompetent and not capable of understanding the pleadings.
[14:29.840 --> 14:34.800]  You don't have to be nice to this judge.
[14:34.800 --> 14:38.280]  He's made it clear he ain't going to cut you any slack.
[14:38.280 --> 14:41.720]  You certainly don't owe him any.
[14:41.720 --> 14:46.860]  When jurisdiction is challenged it must be proven.
[14:46.860 --> 14:55.400]  If he fails to prove jurisdiction then he has no jurisdiction and in this case he failed
[14:55.400 --> 14:58.960]  to address the issue at all.
[14:58.960 --> 15:01.440]  So go after him.
[15:01.440 --> 15:05.880]  If I go out and rent a uniform and buy me a little badge at the uniform store and stick
[15:05.880 --> 15:11.240]  it on my chest and get me a little bubblegum machine, put it on my car and pull you over
[15:11.240 --> 15:16.000]  and you go tell the police about it, they're not going to come to me and file a challenge
[15:16.000 --> 15:18.640]  to my jurisdiction.
[15:18.640 --> 15:25.440]  They're going to challenge my jurisdiction in a little more forceful manner.
[15:25.440 --> 15:28.800]  The judge is no different.
[15:28.800 --> 15:33.480]  He has no subject matter jurisdiction.
[15:33.480 --> 15:34.480]  He's a criminal.
[15:34.480 --> 15:41.600]  I was completely shocked because he has no authority to make me change my name.
[15:41.600 --> 15:45.200]  I am who I say I am.
[15:45.200 --> 15:46.200]  Right?
[15:46.200 --> 15:52.440]  So the judges do this and they say, oh the judge did this and the judge did that.
[15:52.440 --> 15:53.720]  You're the sovereign here.
[15:53.720 --> 15:56.840]  He's the servant.
[15:56.840 --> 15:58.480]  Go in and file on him.
[15:58.480 --> 16:03.580]  Tony's been taking this approach going after the judges and after the prosecutors and he's
[16:03.580 --> 16:09.600]  having incredible results, especially now.
[16:09.600 --> 16:14.160]  Right now when a new administration comes in, every U.S. attorney has to tender their
[16:14.160 --> 16:15.480]  resignation.
[16:15.480 --> 16:19.120]  Do you know that?
[16:19.120 --> 16:25.960]  Every U.S. attorney, they tender their resignation to the new administration and the administration
[16:25.960 --> 16:30.920]  decides whether to accept the resignation or not.
[16:30.920 --> 16:32.840]  So let's help them accept the resignation.
[16:32.840 --> 16:36.080]  Right now we've got a new president in.
[16:36.080 --> 16:40.360]  He's going to want to appoint his own federal judges so he's going to need to get rid of
[16:40.360 --> 16:41.720]  some so he can do that.
[16:41.720 --> 16:44.320]  All right, listen, we got to go to break.
[16:44.320 --> 16:45.320]  Jeff, do you have anything else?
[16:45.320 --> 16:46.320]  Do you want to hang on?
[16:46.320 --> 16:47.320]  Yeah, I'll hang up.
[16:47.320 --> 16:48.320]  All right.
[16:48.320 --> 17:02.720]  We'll be right back.
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[17:08.560 --> 17:15.280]  of returning profits, is not affected by fluctuations in oil prices and interest rates, is publicly
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[17:17.680 --> 17:22.040]  If this kind of peace of mind is what you have been looking for in an investment, then
[17:22.040 --> 17:25.000]  life settlements is the investment for you.
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[17:38.560 --> 17:44.600]  Even qualified retirement plans such as 401Ks and IRAs are eligible for transfer.
[17:44.600 --> 17:50.320]  We charge absolutely no commissions, 100% of your investment goes to work for you.
[17:50.320 --> 17:59.800]  Please visit sleepwellinvestment.com or call Bill Schober at 817-975-2431.
[17:59.800 --> 18:06.560]  That's sleepwellinvestment.com or call 817-975-2431.
[19:00.800 --> 19:09.040]  We ask the Christians, I wonder what they're hiding, they don't have the answer, I open
[19:09.040 --> 19:18.320]  up my eyes, they ask the Christians, I look what we get, and they don't have the answer,
[19:18.320 --> 19:25.440]  On slope and slippery slides, tyranny demotir you, demotir me Lord demotir the country,
[19:25.440 --> 19:30.440]  They tear me, they tear me, they tear you and they tear the country
[19:30.440 --> 19:35.440]  They don't tear up the constitution, they rip it in three, they give them out three
[19:35.440 --> 19:40.440]  You don't see how this country, how they lead we, they lead we
[19:40.440 --> 19:45.440]  Like we're blind and we're crazy, they lead with destruction
[19:45.440 --> 19:50.440]  Nuclear weapon and big gun, they point at the country all on me
[19:50.440 --> 19:55.440]  They tear me, they tear you, they tear me, Lord they'll tear the country
[19:55.440 --> 19:58.440]  They tear me, they tear you, they tear me, Lord, they'll tear the country
[19:58.440 --> 20:00.440]  We are God.
[20:00.440 --> 20:05.440]  We are the Christians No one knows what I
[20:05.440 --> 20:10.040]  They don't have the answer No one
[20:10.040 --> 20:15.440]  But we are the Christians Look what we get
[20:15.440 --> 20:44.320]  All right, this is the rule of law, rule of law radio.
[20:44.320 --> 20:48.800]  Hey Kelton and Deborah Stevens, that's some Three Shoes Posse for you.
[20:48.800 --> 20:53.640]  That's my band, Three Shoes Posse, gotten some emails about the music that I play for
[20:53.640 --> 21:03.560]  Bumper Music, had a request for information on the song, I Will Occupy My Father's House.
[21:03.560 --> 21:06.600]  That is one of our songs as well.
[21:06.600 --> 21:08.640]  My husband Jerry Stevens wrote that one.
[21:08.640 --> 21:14.320]  All the music you will ever hear for Bumper Music on this show is pretty much going to
[21:14.320 --> 21:19.880]  be mine, except for the opening song and the closing song.
[21:19.880 --> 21:27.200]  Generally, I play Bad Boys by Inner Circle and Stepping Razor by Peter Tosh at the end.
[21:27.200 --> 21:30.360]  Sometimes I'll switch up, but pretty much everything you'll hear in between is all my
[21:30.360 --> 21:34.520]  music for anybody that wants to know, okay?
[21:34.520 --> 21:36.880]  I do all the music for this show.
[21:36.880 --> 21:38.240]  I do the ads.
[21:38.240 --> 21:39.880]  I do the music for the ads.
[21:39.880 --> 21:41.520]  I do the voiceovers.
[21:41.520 --> 21:46.160]  I program everything, so one man show here.
[21:46.160 --> 21:47.840]  I'm doing it all, folks.
[21:47.840 --> 21:51.280]  I think I'm pulling it off, nothing short of a miracle here.
[21:51.280 --> 21:53.520]  So we're going to go back to Jeff in Michigan.
[21:53.520 --> 21:55.960]  We're going to finish up with Jeff and then I'm going to get into some articles.
[21:55.960 --> 21:57.960]  So go ahead, Jeff.
[21:57.960 --> 21:59.560]  Nice job on the music, Deborah.
[21:59.560 --> 22:00.560]  Thank you.
[22:00.560 --> 22:07.000]  I'm a layman at this, so I just want to be clear on my next steps and my procedure.
[22:07.000 --> 22:13.680]  I'm to file criminal civil charges against the judge.
[22:13.680 --> 22:19.160]  Criminal charges against the judge, civil suit against the judge.
[22:19.160 --> 22:22.840]  There are two times you can sue the judge.
[22:22.840 --> 22:30.480]  You can sue the judge if he acts without subject matter jurisdiction or in personam jurisdiction,
[22:30.480 --> 22:38.280]  or if he makes a decision that's not judicial, but rather administrative.
[22:38.280 --> 22:42.480]  For administrative decisions, he has no immunity.
[22:42.480 --> 22:46.040]  Let me explain the difference.
[22:46.040 --> 22:54.920]  If you ask for a continuance, that's a judicial decision on his part, but if you move for
[22:54.920 --> 23:03.880]  him to disqualify himself and he is constitutionally disqualified by the facts, that's not a judicial
[23:03.880 --> 23:05.320]  decision he can make.
[23:05.320 --> 23:07.320]  That's ministerial.
[23:07.320 --> 23:14.480]  I'm sorry, if you move for him to recuse, a judge can decide whether to recuse or not,
[23:14.480 --> 23:21.420]  but that's administrative if the decision is dictated by law.
[23:21.420 --> 23:31.760]  If you show facts that establish that he is disqualified or that he is not fit to hear
[23:31.760 --> 23:35.120]  the case, he must recuse himself.
[23:35.120 --> 23:38.080]  That's not something over which he has discretion.
[23:38.080 --> 23:43.520]  So if he rules not to, that's not a discretionary ruling.
[23:43.520 --> 23:50.200]  Or if the law requires that he do a certain thing, that's ministerial.
[23:50.200 --> 23:54.400]  He can't make a decision one way or another.
[23:54.400 --> 23:55.400]  He can't do it the way he wants to.
[23:55.400 --> 23:57.320]  He has to do it the way the law tells him to.
[23:57.320 --> 23:58.320]  That's ministerial.
[23:58.320 --> 24:04.440]  One of the things we're trying to set up for judges is where we file a bunch of bar grievances
[24:04.440 --> 24:09.000]  against the attorney, against your attorney.
[24:09.000 --> 24:12.400]  We give him a whole bunch of motions to file and he says, heck with those, I'm not filing
[24:12.400 --> 24:13.400]  those.
[24:13.400 --> 24:17.920]  So you file a bar grievance against him for each matter he should have addressed.
[24:17.920 --> 24:21.280]  Well, the first thing he's going to do is run to the judge and ask to be removed from
[24:21.280 --> 24:24.280]  the case.
[24:24.280 --> 24:28.120]  And we run to the judge and tell him, don't you dare remove him from the case.
[24:28.120 --> 24:32.040]  He has a private contract with me and you are not to interfere with it.
[24:32.040 --> 24:39.440]  Well, the judge has the right under law to remove the attorney from the case.
[24:39.440 --> 24:43.200]  And we expect that he will go ahead and remove him.
[24:43.200 --> 24:49.640]  And that's just what we want him to do because that does not go to the adjudication of the
[24:49.640 --> 24:50.640]  case.
[24:50.640 --> 24:55.600]  It goes to the administration of the case.
[24:55.600 --> 25:01.840]  It's an administrative decision for which the judge does not have immunity from civil
[25:01.840 --> 25:02.840]  litigation.
[25:02.840 --> 25:12.160]  And understand the term immunity in this particular application only applies to immunity from
[25:12.160 --> 25:14.840]  civil litigation.
[25:14.840 --> 25:21.640]  No one has immunity from criminal prosecution except that immunity public officials give
[25:21.640 --> 25:23.680]  one another.
[25:23.680 --> 25:29.280]  And that's my particular fight to get around that, to get over that.
[25:29.280 --> 25:36.080]  I go in and set them up to try to give one another immunity so that I can file against
[25:36.080 --> 25:39.320]  the one trying to protect the other.
[25:39.320 --> 25:41.160]  So I wind up going after all of them.
[25:41.160 --> 25:47.240]  But anyway, that's the difference between the types of filing you make.
[25:47.240 --> 25:57.660]  If the court initiates a litigation against you, you can file back into the same cause
[25:57.660 --> 26:00.080]  against them.
[26:00.080 --> 26:02.920]  And that would be a civil litigation.
[26:02.920 --> 26:11.880]  You can't file a criminal charge in the same case because you can't litigate a criminal
[26:11.880 --> 26:13.340]  charge.
[26:13.340 --> 26:16.000]  You can only make the criminal charge.
[26:16.000 --> 26:18.640]  The state must litigate the criminal charge.
[26:18.640 --> 26:26.680]  So each criminal accusation is a separate litigation initiated by the state on your
[26:26.680 --> 26:27.680]  filing.
[26:27.680 --> 26:32.380]  So you would file that with the prosecuting attorney or with a magistrate.
[26:32.380 --> 26:35.880]  And then the state initiates a separate criminal prosecution.
[26:35.880 --> 26:41.820]  But in the action that's before you, whether it's criminal or civil, that's against you,
[26:41.820 --> 26:44.400]  you can file back into the case against them.
[26:44.400 --> 26:47.040]  Does that make sense?
[26:47.040 --> 26:48.040]  No.
[26:48.040 --> 26:59.760]  A little bit of sense, but I'm just trying to figure out how I'm to proceed next.
[26:59.760 --> 27:07.640]  I need to file criminal charges and a civil suit against the judge for legislating from
[27:07.640 --> 27:08.640]  the bench.
[27:08.640 --> 27:09.640]  Yes.
[27:09.640 --> 27:16.860]  And for the judge for acting without subject matter jurisdiction, in effect, he is impersonating
[27:16.860 --> 27:25.800]  a judicial officer because in this case, he has no judicial authority.
[27:25.800 --> 27:28.880]  If you're new to this, that may be a little complex.
[27:28.880 --> 27:35.280]  You may need someone who is somewhat more familiar to help you prepare that.
[27:35.280 --> 27:39.400]  Yeah, it's getting a little more complicated than I anticipated.
[27:39.400 --> 27:45.440]  I expected to go in there and the judge to understand the argument and just dismiss it.
[27:45.440 --> 27:49.720]  You expected the judge to do the right thing.
[27:49.720 --> 27:54.320]  Not going to happen when you're a pro se.
[27:54.320 --> 27:59.320]  Probably not going to happen even when you have an attorney.
[27:59.320 --> 28:01.840]  I shouldn't even consider appealing this.
[28:01.840 --> 28:03.360]  I should go this route.
[28:03.360 --> 28:08.760]  Well, appeal it as well, but go this route the same time.
[28:08.760 --> 28:12.800]  You file a civil suit against the judge.
[28:12.800 --> 28:17.200]  He is disqualified as a matter of law.
[28:17.200 --> 28:21.480]  Then you get another judge in.
[28:21.480 --> 28:22.760]  You're next, Bubba.
[28:22.760 --> 28:27.980]  I would look into judicial conduct complaints.
[28:27.980 --> 28:31.200]  You file a judicial conduct complaint against the judge.
[28:31.200 --> 28:39.400]  You file a criminal charge against the judge with the U.S. attorney.
[28:39.400 --> 28:42.920]  And you know he's going to throw it in the trash.
[28:42.920 --> 28:47.840]  And then you file against the U.S. attorney for throwing it in the trash.
[28:47.840 --> 28:51.320]  And you wind up just making a real nuisance of yourself.
[28:51.320 --> 28:53.720]  But no more than this credit card is.
[28:53.720 --> 28:57.520]  It's not like 100 grand.
[28:57.520 --> 29:05.040]  It's low enough you can fight them and it's not quite so threatening.
[29:05.040 --> 29:11.680]  This would probably be the best, cheapest education you can get.
[29:11.680 --> 29:16.720]  Have you asked for the attorney's authority to represent the case?
[29:16.720 --> 29:19.840]  No, I haven't.
[29:19.840 --> 29:24.320]  Unified A's, that's rule 12 motion.
[29:24.320 --> 29:29.480]  The attorneys have to prove that they have agency.
[29:29.480 --> 29:33.520]  An agency cannot be proven out of the mouth of the agent.
[29:33.520 --> 29:36.120]  It must be proven out of the mouth of the principal.
[29:36.120 --> 29:39.360]  All right, listen, we're going to break again.
[29:39.360 --> 29:42.840]  We've got a full board of callers as well.
[29:42.840 --> 29:44.120]  We need to move along on this one.
[29:44.120 --> 29:45.120]  Yeah.
[29:45.120 --> 29:46.600]  Why don't you call back in tomorrow night, Jeff?
[29:46.600 --> 29:47.600]  We have four hours.
[29:47.600 --> 29:49.600]  When we have more time, okay?
[29:49.600 --> 29:50.600]  Thanks a lot.
[29:50.600 --> 29:51.600]  All right, great.
[29:51.600 --> 30:01.760]  We'll be right back after these messages.
[30:01.760 --> 30:05.760]  Gold prices are at historic highs and with the recent pullback, this is a great time
[30:05.760 --> 30:06.760]  to buy.
[30:06.760 --> 30:11.240]  With the value of the dollar, risks of inflation, geopolitical uncertainties and instability
[30:11.240 --> 30:14.760]  in world financial systems, I see gold going up much higher.
[30:14.760 --> 30:18.080]  Hi, I'm Tim Fry at Roberts and Robert's Brokerage.
[30:18.080 --> 30:21.800]  Everybody should have some of their assets in investment grade precious metals.
[30:21.800 --> 30:25.760]  At Roberts and Robert's Brokerage, you can buy gold, silver and platinum with confidence
[30:25.760 --> 30:30.760]  from a brokerage that specialized in the precious metals market since 1977.
[30:30.760 --> 30:34.520]  If you are new to precious metals, we will happily provide you with the information you
[30:34.520 --> 30:38.880]  need to make an informed decision whether or not you choose to purchase from us.
[30:38.880 --> 30:43.240]  Also, Roberts and Robert's Brokerage values your privacy and will always advise you in
[30:43.240 --> 30:46.660]  the event that we would be required to report any transaction.
[30:46.660 --> 30:50.840]  If you have gold, silver or platinum you'd like to sell, we can convert it for immediate
[30:50.840 --> 30:51.840]  payment.
[30:51.840 --> 30:55.560]  Call us at 800-874-9760.
[30:55.560 --> 31:19.440]  Roberts and Robert's Brokerage, 800-874-9760.
[33:55.560 --> 34:00.720]  All she wants is helicopter Bernanke.
[34:00.720 --> 34:03.080]  Me and Pat wrote that song.
[34:03.080 --> 34:10.320]  Totally fictitious individual, but she wants helicopter Bernanke to print all the money
[34:10.320 --> 34:13.160]  and give it to her, so that's Julie for you.
[34:13.160 --> 34:19.040]  All right, she's jealous of Condi and Hillary.
[34:19.040 --> 34:20.040]  Pat is something else.
[34:20.040 --> 34:25.380]  Okay, I wanted to get to these articles real quick before we start taking some calls, taking
[34:25.380 --> 34:26.380]  any more calls.
[34:26.380 --> 34:31.720]  All right, Randy, looks like we got another winner on our hands, another Supreme Court
[34:31.720 --> 34:32.720]  winner.
[34:32.720 --> 34:40.160]  Apparently, this was, boy, just a couple days ago, the U.S. Supreme Court, and this is from
[34:40.160 --> 34:47.160]  the Arizona Capitol Times, the U.S. Supreme Court ruled unanimously, wonderful, to overturn
[34:47.160 --> 34:52.240]  an Arizona Court of Appeals opinion, limiting the power of police to conduct physical searches
[34:52.240 --> 34:56.700]  of citizens during routine encounters.
[34:56.700 --> 35:03.480]  The appeal to the nation's highest court stems from a 2007 split decision by a Tucson appellate
[35:03.480 --> 35:09.680]  panel that found police did not have sufficient reason to conduct a, quote, pat down search
[35:09.680 --> 35:17.980]  of a Lemon-Montreya, sorry, search of Lemon-Montreya Johnson after he agreed to get out of a vehicle
[35:17.980 --> 35:22.440]  during a traffic stop for an unrelated matter in 2002.
[35:22.440 --> 35:28.040]  In the writing of the Court of Appeals two-to-one majority opinion, this was the Arizona Court
[35:28.040 --> 35:33.600]  of Appeals, Judge J. William Brammer noted Johnson's interaction with police was cooperative,
[35:33.600 --> 35:38.680]  quote, wholly unrelated to the purpose of the traffic stop and that no one in the vehicle
[35:38.680 --> 35:42.680]  was suspected of criminal activity during the stop.
[35:42.680 --> 35:49.840]  According to court documents, Johnson dressed entirely in, quote, gang colors, worn by
[35:49.840 --> 35:57.300]  the Crips criminal street gang, was a passenger in the car pulled over by a street gang task
[35:57.300 --> 36:02.720]  force near the Sugar Hill neighborhood of Tucson, an area known as a hotbed of gang
[36:02.720 --> 36:04.920]  activity.
[36:04.920 --> 36:10.720]  Officers at the scene reportedly pulled over the vehicle with suspended insurance and were
[36:10.720 --> 36:15.320]  not involved in a gang investigation, but questioning of Johnson revealed he was from
[36:15.320 --> 36:20.400]  Elroy, I'm sorry, Elroy and was recently served a prison sentence for burglary.
[36:20.400 --> 36:26.760]  The arresting officer noted Elroy was home to the Treckle Park Crips and that Johnson
[36:26.760 --> 36:31.200]  was carrying a police scanner in his pocket before the officer asked him to exit the car,
[36:31.200 --> 36:32.680]  according to court documents.
[36:32.680 --> 36:36.600]  A subsequent search and struggle revealed a handgun and marijuana.
[36:36.600 --> 36:41.640]  He was later found guilty of possession of a weapon by a prohibited possessor and possession
[36:41.640 --> 36:42.640]  of marijuana.
[36:42.640 --> 36:47.560]  Prior to the release of the US Supreme Court opinion, Meyer Fetter, an attorney with the
[36:47.560 --> 36:53.080]  National Association of Criminal Defense lawyers, said a broad ruling favoring the Arizona Attorney
[36:53.080 --> 36:58.320]  General's office would result in granting police the power to simply strike up conversations
[36:58.320 --> 37:01.160]  with people and then search them.
[37:01.160 --> 37:07.880]  Based on established case precedents, the high court ruled, quote, stop and frisk searches
[37:07.880 --> 37:14.600]  can be conducted if officers can reasonably suspect the detainee is armed and dangerous.
[37:14.600 --> 37:19.160]  Writing for the court, Justice Ruth Bader Ginsburg instructed the arresting police officer
[37:19.160 --> 37:23.560]  was not constitutionally required to give Johnson an opportunity to depart the scene
[37:23.560 --> 37:29.760]  after he exited the vehicle without first ensuring that in so doing, she was not permitting
[37:29.760 --> 37:32.760]  a dangerous person to get behind her.
[37:32.760 --> 37:34.720]  Oh boy.
[37:34.720 --> 37:35.720]  Okay.
[37:35.720 --> 37:43.160]  So the cops, the cops can search passengers of cars now that are pulled over without a
[37:43.160 --> 37:48.440]  warrant, basically, just because you're wearing a blue t-shirt, apparently.
[37:48.440 --> 37:49.440]  This is nothing new.
[37:49.440 --> 37:50.720]  Yeah, I know.
[37:50.720 --> 37:51.720]  It's nothing new.
[37:51.720 --> 37:53.080]  It happens every day.
[37:53.080 --> 37:57.960]  But what's new is that the Supreme Court is saying it's okay now.
[37:57.960 --> 37:59.360]  They've already said it's okay.
[37:59.360 --> 38:03.000]  This is just upholding rulings that have already been there.
[38:03.000 --> 38:10.400]  Well, this seems to me a little bit different in the fact that it has to do with the passenger
[38:10.400 --> 38:13.600]  of the vehicle, not the driver.
[38:13.600 --> 38:14.600]  Okay.
[38:14.600 --> 38:17.320]  No, the case law was never limited to the driver.
[38:17.320 --> 38:22.520]  It was limited to the policemen's concern for the policeman's safety.
[38:22.520 --> 38:23.520]  Yeah, yeah, yeah.
[38:23.520 --> 38:24.520]  I know.
[38:24.520 --> 38:25.520]  It's such a...
[38:25.520 --> 38:26.520]  Yeah.
[38:26.520 --> 38:28.660]  We've got to keep them safe, but what about us?
[38:28.660 --> 38:31.340]  We can't be safe.
[38:31.340 --> 38:33.280]  It's all about the police.
[38:33.280 --> 38:34.480]  We have to keep them safe.
[38:34.480 --> 38:37.380]  We have to protect them, but forget protecting us.
[38:37.380 --> 38:40.440]  Forget protecting our liberties and our rights.
[38:40.440 --> 38:45.960]  That's just, you know, just shove that into the trash can.
[38:45.960 --> 38:49.320]  But they still have to have reasonable cause.
[38:49.320 --> 38:54.940]  Well, I'm sorry, but wearing a blue t-shirt is not a reasonable cause.
[38:54.940 --> 38:58.560]  You know, I mean, it's gotten to the point now that, you know, according to the color
[38:58.560 --> 39:04.080]  of the shirt that you wear, you know, what's next?
[39:04.080 --> 39:10.520]  I mean, you know, people are afraid to put bumper stickers on their cars now, speaking
[39:10.520 --> 39:16.120]  out against the violence of Israel against Gaza because they might get pulled over or
[39:16.120 --> 39:21.520]  put Ron Paul stickers on their car during the campaign because, ooh, that means you're
[39:21.520 --> 39:23.080]  a terrorist.
[39:23.080 --> 39:25.000]  You know, it's like you can't.
[39:25.000 --> 39:26.920]  What about freedom of speech here?
[39:26.920 --> 39:27.920]  Okay.
[39:27.920 --> 39:32.440]  That's probable cause because you got a t-shirt on that says 9-11 was an inside job.
[39:32.440 --> 39:33.920]  So that means you're a terrorist.
[39:33.920 --> 39:36.240]  Let's stop you and frisk you.
[39:36.240 --> 39:40.400]  Well, it's getting pretty difficult.
[39:40.400 --> 39:45.800]  It's getting to where you can't file even documents in your own defense in court without
[39:45.800 --> 39:48.120]  being charged criminally.
[39:48.120 --> 39:49.760]  What is that all about?
[39:49.760 --> 40:00.000]  Robert Fox filed documents in his defense in Jacksonville, Texas, and the police chief
[40:00.000 --> 40:07.520]  of police and the municipal court judge against whom Robert had filed criminal charges and
[40:07.520 --> 40:15.160]  had given notice of intention to sue charged Robert Fox with felony tampering with a government
[40:15.160 --> 40:20.000]  document for accusing the police of kidnapping.
[40:20.000 --> 40:28.440]  Can now have him in jail under felony charges, $30,000 bond that the magistrate who had criminal
[40:28.440 --> 40:35.240]  charges against him set.
[40:35.240 --> 40:36.900]  Things are really getting out of hand.
[40:36.900 --> 40:43.280]  And now the chief of police is threatening to arrest anyone else who files, who does
[40:43.280 --> 40:45.720]  anything in Robert's defense.
[40:45.720 --> 40:50.400]  Well, I don't see how it's tampering with a government document to file a criminal complaint
[40:50.400 --> 40:54.720]  or to file a motion or pleading in your own case.
[40:54.720 --> 40:58.240]  Here's the problem with filing with criminal complaints.
[40:58.240 --> 41:01.560]  They can file anything they want to.
[41:01.560 --> 41:09.520]  And as long as the police, the judges, and the prosecutors refuse to do their job, they
[41:09.520 --> 41:14.720]  can do anything they want.
[41:14.720 --> 41:18.560]  Robert filed some 30 or 40 criminal charges with the district attorney and the district
[41:18.560 --> 41:21.880]  attorney has done nothing with them.
[41:21.880 --> 41:30.240]  Had he done his job, had he simply given those to the grand jury, then argued against indictment,
[41:30.240 --> 41:35.840]  all of these problems would have gone away.
[41:35.840 --> 41:37.360]  Repeat that one more time, Randy.
[41:37.360 --> 41:45.000]  Ed Beckworth, Elmer Beckworth, the district attorney of Cherokee County, acted in accordance
[41:45.000 --> 41:49.920]  with Article 2.03 Code of Criminal Procedure and given the complaints that Robert filed
[41:49.920 --> 41:56.120]  with him to the grand jury, the way he's commanded to by law, that would have served as notice
[41:56.120 --> 42:01.600]  to these individuals to be very careful in what they do.
[42:01.600 --> 42:05.280]  But he refused to do his job.
[42:05.280 --> 42:11.640]  Now Robert's in jail for an incredibly outrageous charge.
[42:11.640 --> 42:15.920]  Now they're all going to get lots more criminal complaints.
[42:15.920 --> 42:20.120]  And that chief of police can make all the threats he wants to, he's still getting the
[42:20.120 --> 42:21.120]  criminal charges.
[42:21.120 --> 42:22.120]  All right.
[42:22.120 --> 42:25.760]  Well, fortunately, there's another article, I'll probably have to go over it tomorrow
[42:25.760 --> 42:28.920]  night though, just because we've got so many callers.
[42:28.920 --> 42:38.000]  We are fortunate, however, that there have been two judges indicted, major judges indicted.
[42:38.000 --> 42:41.560]  And I will go over that tomorrow, I suppose, because-
[42:41.560 --> 42:44.000]  Are these the two in Pennsylvania?
[42:44.000 --> 42:45.000]  Yes.
[42:45.000 --> 42:48.760]  Yes, two Pennsylvania judges were indicted.
[42:48.760 --> 42:53.320]  So I'll discuss that tomorrow because we've got so many callers and we're only down to
[42:53.320 --> 42:54.720]  like an hour and 15 minutes.
[42:54.720 --> 43:00.120]  So tomorrow night we'll go over the fact that we've got two Pennsylvania judges indicted
[43:00.120 --> 43:07.480]  on corruption for basically, they were taking kickbacks from the juvenile youth detention
[43:07.480 --> 43:16.800]  center for imprisoning them, basically railroading juveniles through the juvie system to get them
[43:16.800 --> 43:18.880]  thrown in the juvie jail.
[43:18.880 --> 43:24.440]  And they were getting kickbacks from the jail for doing it for basically stacking up and
[43:24.440 --> 43:28.900]  housing the jail with kids.
[43:28.900 --> 43:33.000]  So they got indicted, they pled guilty, they're going down.
[43:33.000 --> 43:35.360]  So at least there is some justice.
[43:35.360 --> 43:36.360]  We're making a difference.
[43:36.360 --> 43:37.360]  All right.
[43:37.360 --> 43:39.200]  We'll be back and we'll take more of your calls on the other side.
[43:39.200 --> 44:01.800]  This is the rule of law, Randy Kelton and Deborah Stevens.
[44:01.800 --> 44:04.560]  Stock markets are taking hit after hit.
[44:04.560 --> 44:07.760]  Corrupt bankers are choking on subprime debt.
[44:07.760 --> 44:13.760]  The Fed is busy printing dollars, dollars and more dollars to bail out Wall Street banks
[44:13.760 --> 44:16.000]  and the U.S. car industry.
[44:16.000 --> 44:21.400]  As investors scramble for safety in the metals, in the face of a further devaluation of a
[44:21.400 --> 44:25.160]  dollar, the price of silver will only increase.
[44:25.160 --> 44:29.520]  Some of the world's leading financial analysts believe that silver is one of the world's
[44:29.520 --> 44:35.360]  most important commodities with unparalleled investment opportunity for the future.
[44:35.360 --> 44:42.720]  Now is the time to buy silver before it heads for $75 an ounce and the yellow metal roars
[44:42.720 --> 44:46.760]  back past $1,000 an ounce to new highs.
[44:46.760 --> 44:56.080]  Call Maximus Holdings now at 407-608-5430 to find out how you can turn your IRA and
[44:56.080 --> 45:02.040]  401K into a solid investment, silver, without any penalties for early withdrawal.
[45:02.040 --> 45:06.680]  Even if you don't have a retirement account yet, we have fantastic investment opportunities
[45:06.680 --> 45:07.680]  for you.
[45:07.680 --> 45:37.640]  Call Maximus Holdings at 407-608-5430 for more information.
[45:37.680 --> 46:06.840]  Call Maximus Holdings at 407-608-5430 for more information.
[46:07.680 --> 46:14.680]  watching the sparks fly
[46:14.680 --> 46:18.200]  randy kelton and deborah stevens are making some sparks here
[46:18.200 --> 46:21.680]  and uh... yeah just one more quick comment on that article
[46:21.680 --> 46:26.720]  uh... you know that that kinda argument randy about other safety of the police
[46:26.720 --> 46:31.080]  i mean it reminds me of of the typical government uh...
[46:31.080 --> 46:36.080]  lame excuse for heinous legislation oh it's all for the children
[46:36.080 --> 46:39.400]  it's all for safety and security
[46:39.400 --> 46:42.240]  we have to keep the police say
[46:42.240 --> 46:43.520]  gave me a break
[46:43.520 --> 46:44.760]  they're armed
[46:44.760 --> 46:47.600]  to the teeth with all kinds of weapons
[46:47.600 --> 46:49.880]  and and uh... not you know
[46:49.880 --> 46:53.540]  but the beaters that you know that they hit you over the head with
[46:53.540 --> 46:57.680]  like nonchucks like happen now okay they got tasers they got
[46:57.680 --> 46:59.640]  three or four pistols on them
[46:59.640 --> 47:02.280]  it and rifle shotguns in the car
[47:02.280 --> 47:07.280]  they're they're trained in martial arts most of them are ex-military these days
[47:07.280 --> 47:11.560]  give me a break i mean if we keep on with that kinda argument it'll get to
[47:11.560 --> 47:15.640]  the point that will uh... the courts will justify the police shooting people
[47:15.640 --> 47:20.160]  in the back because they thought they had to to keep themselves safe
[47:20.160 --> 47:22.040]  okay i'm sorry i don't buy it
[47:22.040 --> 47:24.440]  i ain't going for it
[47:24.440 --> 47:27.880]  we gotta have our liberties that's that is the bottom line
[47:27.880 --> 47:32.440]  all right the police are here to protect us not the other way around
[47:32.440 --> 47:34.960]  we're not here for them they're here for us
[47:34.960 --> 47:35.820]  all right
[47:35.820 --> 47:37.760]  they're here to keep our liberties safe
[47:37.760 --> 47:40.760]  all right so anyway we're gonna move on now we got randy
[47:40.760 --> 47:45.320]  in austin randy thanks for calling in what's on your mind tonight
[47:45.320 --> 47:48.680]  uh... randy i wanted to talk to you real quick uh... i know i've talked to you in
[47:48.680 --> 47:50.960]  the past about this case that i'm
[47:50.960 --> 47:52.220]  got going
[47:52.220 --> 47:56.200]  and i filed a motion to uh... dismiss
[47:56.200 --> 47:59.680]  a busy i just found out that a visiting judge
[47:59.680 --> 48:01.860]  uh...
[48:01.860 --> 48:05.480]  and then entered a plea of guilty on my behalf
[48:05.480 --> 48:07.520]  and not
[48:07.520 --> 48:09.800]  uh...
[48:09.800 --> 48:12.760]  that they can be dismissed my motion to
[48:12.760 --> 48:13.600]  dismiss
[48:13.600 --> 48:15.180]  are they denied it
[48:15.180 --> 48:18.740]  uh... it's the visiting judge
[48:18.740 --> 48:21.720]  and then they entered a plea on my behalf of not guilty
[48:21.720 --> 48:23.320]  and it
[48:23.320 --> 48:26.280]  it was on a citation for a loose dog
[48:26.280 --> 48:30.440]  okay and yeah i thought you said of guilty
[48:30.440 --> 48:35.400]  i'm sorry not yet not not guilty he can do
[48:35.400 --> 48:39.480]  well my question is is it does not a visiting judge have to take the oath of
[48:39.480 --> 48:41.800]  office for that specific
[48:41.800 --> 48:46.760]  court before he can actually
[48:46.760 --> 48:51.560]  not for that the specific specific court as i understand but for the state if he
[48:51.560 --> 48:52.480]  has this
[48:52.480 --> 48:54.300]  uh... a state oath
[48:54.300 --> 48:56.840]  an oath in the state
[48:56.840 --> 49:02.760]  uh... because it's a state oath it's not a county or municipal
[49:02.760 --> 49:05.600]  is this a municipal court
[49:05.600 --> 49:08.360]  that's justice for the peace
[49:08.360 --> 49:13.600]  uh... they generally bring in a visiting judge to give the crap rulings
[49:13.600 --> 49:16.400]  well here's here's the thing if the
[49:16.400 --> 49:19.640]  doesn't the district attorney or that not the district attorney but the county
[49:19.640 --> 49:23.200]  attorney have to do something to say wait a minute
[49:23.200 --> 49:26.480]  uh... we protest this motion of his
[49:26.480 --> 49:27.800]  if they do nothing
[49:27.800 --> 49:30.260]  why wouldn't i mean cuz it goes to
[49:30.260 --> 49:33.820]  my intent was to say look you have nothing in the file
[49:33.820 --> 49:37.160]  there is nothing that's charging me except a citation this is
[49:37.160 --> 49:39.520]  bull crap
[49:39.520 --> 49:41.680]  and yet it's denied but
[49:41.680 --> 49:45.240]  there's nothing there's still nothing about there's only a citation how long
[49:45.240 --> 49:47.560]  ago did he deny it
[49:47.560 --> 49:48.620]  uh...
[49:48.620 --> 49:50.640]  a month
[49:50.640 --> 49:55.200]  how long did it get maybe too late for motion for reconsideration but file a
[49:55.200 --> 49:58.440]  motion for findings of fact and conclusions at law
[49:58.440 --> 50:03.920]  make up your own motion make up your own findings of fact and conclusions at law
[50:03.920 --> 50:07.520]  well here's the thing i didn't even know it was a visiting judge until just the
[50:07.520 --> 50:08.400]  other day
[50:08.400 --> 50:11.120]  finally got that because i went down to court i said
[50:11.120 --> 50:13.440]  i want to see the file
[50:13.440 --> 50:15.860]  i want a copy of everything in the file
[50:15.860 --> 50:19.840]  and they said well and and and they said and i said i want to see the denial
[50:19.840 --> 50:20.640]  or did
[50:20.640 --> 50:23.920]  you know the judgment denied i want to see the plea
[50:23.920 --> 50:26.800]  well those aren't in the file that's in the notes on the on the jacket of the
[50:26.800 --> 50:29.420]  file well fine give me a copy of that
[50:29.420 --> 50:32.320]  they won't give me a copy of the jacket of the file with all this written on it
[50:32.320 --> 50:34.880]  file criminal charges against the clerk
[50:34.880 --> 50:38.600]  i'd call nine one one right there
[50:38.600 --> 50:43.240]  if you go back there and you're pretty sure they're going to do that
[50:43.240 --> 50:45.160]  take uh...
[50:45.160 --> 50:46.900]  security with you
[50:46.900 --> 50:49.340]  i went to the court of appeals
[50:49.340 --> 50:52.920]  here in austin at the court at the capitol building
[50:52.920 --> 50:56.680]  and asked the clerk to see an appeals case and he asked if i was an attorney i
[50:56.680 --> 50:59.760]  wasn't in uniform i didn't have a suit on
[50:59.760 --> 51:00.840]  so i said nope
[51:00.840 --> 51:03.640]  then you can't see the file
[51:03.640 --> 51:07.320]  well i hadn't done my research so i went home did my research and found out he
[51:07.320 --> 51:09.260]  was full of crapola
[51:09.260 --> 51:11.720]  so i went back to the court
[51:11.720 --> 51:15.180]  i stopped it and just as you go in the courthouse door there i mean in the capitol
[51:15.180 --> 51:16.800]  building door
[51:16.800 --> 51:18.960]  where the library isn't such
[51:18.960 --> 51:20.840]  this security there
[51:20.840 --> 51:24.480]  and asked the security guard are you a certified police officer and he said no
[51:24.480 --> 51:25.920]  i'm not
[51:25.920 --> 51:27.960]  get me one
[51:27.960 --> 51:32.220]  so they got a dps officer and i took him with me
[51:32.220 --> 51:36.280]  and told him that i was going to ask this clerk for some records
[51:36.280 --> 51:38.600]  he's going to refuse to give him to me
[51:38.600 --> 51:42.720]  and when he does i'm going to want you to arrest him
[51:42.720 --> 51:47.160]  and he said well i i can't arrest the clerk for that absolutely you can
[51:47.160 --> 51:49.920]  and i explained the statute to him
[51:49.920 --> 51:52.060]  so to his credit he said
[51:52.060 --> 51:54.680]  okay we'll see
[51:54.680 --> 51:57.220]  and we went back to the clerk
[51:57.220 --> 51:59.360]  and this time i had a suit on
[51:59.360 --> 52:01.200]  i was in uniform
[52:01.200 --> 52:04.680]  and i asked to see the same file
[52:04.680 --> 52:06.520]  and then he looked over at this
[52:06.520 --> 52:09.960]  dps officer and he said can i help you
[52:09.960 --> 52:13.160]  and he had this glass in front of him with a little slit at the bottom and i
[52:13.160 --> 52:16.280]  leaned over and put my mouth to that slit and i said
[52:16.280 --> 52:19.060]  he's with me
[52:19.060 --> 52:22.500]  all of a sudden i had no problem at all
[52:22.500 --> 52:26.480]  he didn't even want to know if i was an attorney
[52:26.480 --> 52:28.140]  when i went to waco
[52:28.140 --> 52:31.620]  recently did the same thing
[52:31.620 --> 52:37.120]  took the officer with me and they refused to take my filing i demanded
[52:37.120 --> 52:41.160]  that the officer arrest the clerk
[52:41.160 --> 52:45.320]  and the officer threatened to arrest me
[52:45.320 --> 52:46.440]  i said
[52:46.440 --> 52:50.040]  oh you come in here with a pistol i bring you in here
[52:50.040 --> 52:53.520]  to protect me from criminal wrongdoing
[52:53.520 --> 52:56.500]  and you're going to arrest me
[52:56.500 --> 52:59.820]  and he accused me of raising my voice
[52:59.820 --> 53:03.000]  i said you are kidding right
[53:03.000 --> 53:06.920]  this voice raise this voice how would i do that
[53:06.920 --> 53:10.680]  you got a mega horn maybe i could do it with a mega horn you got some i could
[53:10.680 --> 53:13.200]  raise my voice a little bit with
[53:13.200 --> 53:14.800]  now i will be filing
[53:14.800 --> 53:17.360]  suit against
[53:17.360 --> 53:20.160]  the judge in the case
[53:20.160 --> 53:22.940]  the clerk
[53:22.940 --> 53:26.640]  and that police officer
[53:26.640 --> 53:31.260]  you want to play i can do anything i want to while i wear a pistol on my hip
[53:31.260 --> 53:33.920]  we'll see about that boba
[53:33.920 --> 53:35.080]  yeah really
[53:35.080 --> 53:38.520]  they you know they just played according to their convenience
[53:38.520 --> 53:41.520]  you know on the one hand when it's convenient for them all they just play
[53:41.520 --> 53:44.400]  that they can do whatever they want because they have a pistol on their hip
[53:44.400 --> 53:48.160]  they are so all powerful and and omnipotent
[53:48.160 --> 53:51.760]  although when it comes to taking away our rights
[53:51.760 --> 53:56.360]  protect us we have to do whatever we have to do to keep ourselves safe supreme
[53:56.360 --> 54:02.000]  court let us do anything and take away everyone's rights to keep us safe
[54:02.000 --> 54:06.160]  well randy do you think i should file another motion to dismiss based on the
[54:06.160 --> 54:10.400]  insufficiency of the process because there's nothing
[54:10.400 --> 54:13.640]  nothing there in the file you should file
[54:13.640 --> 54:15.640]  criminal charges of uh... of of
[54:15.640 --> 54:19.840]  champerty and official oppression against the judge
[54:19.840 --> 54:22.440]  the visiting judge right
[54:22.440 --> 54:30.200]  file a civil suit against the judge in the the action before the court
[54:30.200 --> 54:33.960]  and file a judicial visiting or the or the sitting judge
[54:33.960 --> 54:36.480]  the visiting judge
[54:36.480 --> 54:40.560]  and a judicial conduct complaint against the judge in a bar grievance against the
[54:40.560 --> 54:42.680]  attorney
[54:42.680 --> 54:47.080]  now what about the sitting judge who then sent me a notice that's not signed by
[54:47.080 --> 54:50.680]  anybody that says i have to appear and talk to the
[54:50.680 --> 54:54.960]  uh... county prosecutor abuse of process
[54:54.960 --> 54:58.360]  i had the last time i was called down to one of those
[54:58.360 --> 55:01.780]  that the attorney is sitting here in a little chair
[55:01.780 --> 55:04.040]  behind the bar
[55:04.040 --> 55:08.040]  and he's calling everybody at me calls me up and he said you missed out on a
[55:08.040 --> 55:09.800]  serious amma
[55:09.800 --> 55:11.640]  where's the judge
[55:11.640 --> 55:14.840]  and i'm looking around like i'm looking for the judge
[55:14.840 --> 55:16.560]  well the judge is not here
[55:16.560 --> 55:18.440]  will be
[55:18.440 --> 55:23.080]  he said what well on the prosecutor attorney and i need to talk to you
[55:23.080 --> 55:25.420]  you're the persecuting attorney
[55:25.420 --> 55:27.200]  you're the bad guy
[55:27.200 --> 55:30.880]  i don't talk to persecuting attorneys get the judge
[55:30.880 --> 55:34.000]  well the judge is not here will go get him
[55:34.000 --> 55:37.520]  well he's not here today has wait a minute
[55:37.520 --> 55:41.320]  the judge summoned me here for hearing
[55:41.320 --> 55:43.140]  i want my hearing
[55:43.140 --> 55:44.800]  getting here
[55:44.800 --> 55:48.260]  almost telling you need to talk to me i don't need to talk to you
[55:48.260 --> 55:52.040]  i need to talk to the judge i don't talk to persecuting attorneys
[55:52.040 --> 55:53.840]  so they asked me to sit down
[55:53.840 --> 55:55.480]  they called everybody else
[55:55.480 --> 55:58.700]  but they call me back up
[55:58.700 --> 56:02.740]  he still want to talk to me i'm not talking to you get the judge
[56:02.740 --> 56:06.220]  and he said well the judge is not here not turn to the bailiff you
[56:06.220 --> 56:07.060]  you the bailiff
[56:07.060 --> 56:09.220]  yes i am get over here
[56:09.220 --> 56:10.800]  it cuts over
[56:10.800 --> 56:14.760]  i need you to take my criminal complaint against the judge
[56:14.760 --> 56:18.240]  well why would i take a complaint against the judge because it's your job that's
[56:18.240 --> 56:19.640]  why
[56:19.640 --> 56:22.800]  and that's his big argument with the bailiff
[56:22.800 --> 56:25.040]  i was a hoot
[56:25.040 --> 56:29.360]  the judge may summon you to court for a number of reasons
[56:29.360 --> 56:31.880]  under twenty eight point all one
[56:31.880 --> 56:35.000]  code of criminal procedure
[56:35.000 --> 56:38.280]  oh here it is but i will read it to you these are
[56:38.280 --> 56:41.640]  these are the things he can summon you for
[56:41.640 --> 56:46.640]  let's see in twenty seven
[56:46.640 --> 56:49.200]  i was called in front of the county court
[56:49.200 --> 56:52.180]  the same way and demanded to know why i was there
[56:52.180 --> 56:54.640]  the judge had no clue
[56:54.640 --> 56:58.040]  as under what authority she brought me before the court
[56:58.040 --> 57:01.200]  pre twenty eight oh one pretrial
[57:01.200 --> 57:02.840]  the court may set
[57:02.840 --> 57:06.840]  said any criminal case for pretrial hearing before it is set for trial upon
[57:06.840 --> 57:07.800]  its merits
[57:07.800 --> 57:10.720]  and directed defendant his attorney if any
[57:10.720 --> 57:12.120]  of record
[57:12.120 --> 57:15.420]  and the state's attorney to appear before the court
[57:15.420 --> 57:18.280]  at the time and place stated in the court's order
[57:18.280 --> 57:21.160]  for a conference in hearing the defendant must
[57:21.160 --> 57:24.600]  be present at the arraignment
[57:24.600 --> 57:28.720]  and his presence is required during the pretrial proceeding the pretrial
[57:28.720 --> 57:30.040]  hearing show
[57:30.040 --> 57:34.220]  be to determine any of the following matters
[57:34.220 --> 57:36.720]  arraignment of the defendant
[57:36.720 --> 57:38.960]  and if you look up arraignment
[57:38.960 --> 57:42.880]  arraignment is a hearing for the purpose of
[57:42.880 --> 57:48.920]  determining the identity of the accused and taking a plea
[57:48.920 --> 57:50.240]  okay number two
[57:50.240 --> 57:52.360]  pleadings of the defendant
[57:52.360 --> 57:55.480]  three special please if any
[57:55.480 --> 58:00.440]  exceptions to the former substance of the indictment or information
[58:00.440 --> 58:03.840]  motions for continuance either by the state of defendant
[58:03.840 --> 58:05.960]  provided the grounds for continuous
[58:05.960 --> 58:10.400]  not existing or not known at the time may be presented and considered at any
[58:10.400 --> 58:13.640]  time before the defendant announces ready for trial
[58:13.640 --> 58:16.680]  motions to suppress evidence
[58:16.680 --> 58:17.480]  date
[58:17.480 --> 58:22.000]  motions for change of venue
[58:22.000 --> 58:25.720]  nine a i'm sorry seven was motion for change of venue
[58:25.720 --> 58:28.120]  eight discovery
[58:28.120 --> 58:30.520]  nine entrapments
[58:30.520 --> 58:34.620]  ten motion for appointment of interpreter
[58:34.620 --> 58:35.560]  that's
[58:35.560 --> 58:39.200]  yet
[58:39.200 --> 58:43.240]  some of that should i should i give him a criminal complaint to the county
[58:43.240 --> 58:44.040]  attorney
[58:44.040 --> 58:45.120]  you know
[58:45.120 --> 58:49.180]  the district attorney against the judge for violating twenty eight oh one
[58:49.180 --> 58:51.640]  code of criminal procedure
[58:51.640 --> 58:53.880]  and what about the county attorney for
[58:53.880 --> 58:55.400]  prosecute without
[58:55.400 --> 58:56.540]  anything in the file
[58:56.540 --> 58:57.700]  bar grievance
[58:57.700 --> 58:59.880]  oh and uh... about the problem
[58:59.880 --> 59:03.240]  malicious prosecution
[59:03.240 --> 59:05.360]  what's it what the code on now
[59:05.360 --> 59:06.760]  i'll look it up during the break
[59:06.760 --> 59:10.440]  okay and look we've got a full board of callers here we got like ten people on
[59:10.440 --> 59:11.640]  the line so
[59:11.640 --> 59:12.480]  uh...
[59:12.480 --> 59:14.280]  can let's like finish up
[59:14.280 --> 59:17.540]  this last question and we really need to move on but really you're welcome to
[59:17.540 --> 59:20.120]  come back in tomorrow night as well
[59:20.120 --> 59:40.600]  we'll have some fun with this all right we'll be right back we're going to break
[59:40.600 --> 59:43.680]  are you the plaintiff or defendant in a lawsuit
[59:43.680 --> 59:48.360]  win your case without an attorney with jurisdictionary the affordable easy to
[59:48.360 --> 59:55.360]  understand for cd course that will show you how in twenty four hours step-by-step
[59:56.440 --> 59:57.080]  no
[59:57.080 --> 59:58.760]  we're should be doing
[59:58.760 --> 01:00:00.240]  if you don't have a lawyer
[01:00:00.240 --> 01:00:02.640]  know what you should do for yourself
[01:00:02.640 --> 01:00:07.520]  thousands have one with our step-by-step course and now you can too
[01:00:07.520 --> 01:00:11.720]  jurisdictionary was created by a licensed attorney with twenty two years
[01:00:11.720 --> 01:00:14.080]  of case winning experience
[01:00:14.080 --> 01:00:16.040]  even if you're not in a lawsuit
[01:00:16.040 --> 01:00:19.680]  you can learn what everyone should understand about the principles and
[01:00:19.680 --> 01:00:20.640]  practices
[01:00:20.640 --> 01:00:23.000]  that control our american courts
[01:00:23.000 --> 01:00:29.160]  you'll receive our audio classroom video seminar tutorials forms for civil cases
[01:00:29.160 --> 01:00:31.960]  pro se tactics and much more
[01:00:31.960 --> 01:00:34.720]  please visit w t p r n dot com
[01:00:34.720 --> 01:00:49.800]  and click on the banner
[01:00:49.800 --> 01:01:10.840]  that bit
[01:01:10.840 --> 01:01:12.120]  that
[01:01:12.120 --> 01:01:17.840]  yet
[01:01:17.840 --> 01:01:20.940]  They came from the Congo. They came from the null.
[01:01:20.940 --> 01:01:23.540]  Sometimes forced to check the cultures and the bell.
[01:01:23.540 --> 01:01:24.740]  On the root strained.
[01:01:24.740 --> 01:01:26.260]  I'm using low. One another.
[01:01:26.260 --> 01:01:27.640]  Working on the root strained.
[01:01:27.640 --> 01:01:29.040]  So let me look one another.
[01:01:29.040 --> 01:01:30.640]  Working on the root strained.
[01:01:30.640 --> 01:01:31.840]  I'm using low. One another.
[01:01:31.840 --> 01:01:33.340]  Working on the root strained.
[01:01:33.340 --> 01:01:35.200]  I'm using low. One another.
[01:01:35.200 --> 01:01:38.140]  I'm talking to the young. I'm talking to the old.
[01:01:38.140 --> 01:01:40.840]  I'm talking to the one running around in hardcore.
[01:01:40.840 --> 01:01:43.940]  Somebody tell your man I see the fist in a bowl.
[01:01:43.940 --> 01:01:46.480]  But I know Zigg-Zag-Zag either because you'll
[01:01:46.480 --> 01:01:49.320]  All right, we are back.
[01:01:49.320 --> 01:01:54.200]  This is the rule of law, Randy Kelton and Deborah Stevens.
[01:01:54.200 --> 01:01:56.720]  We're taking your calls.
[01:01:56.720 --> 01:01:59.760]  We got Randy from Austin up.
[01:01:59.760 --> 01:02:04.160]  We have a whole heap of more callers on the screen here, a bunch.
[01:02:04.160 --> 01:02:09.480]  So callers, we will get to you, Randy and Randy.
[01:02:09.480 --> 01:02:14.160]  Let's try to finish up here just to be polite to everyone else.
[01:02:14.160 --> 01:02:16.760]  We need to be polite to everybody but Randy from Austin.
[01:02:16.760 --> 01:02:17.760]  We don't have to be polite.
[01:02:17.760 --> 01:02:18.760]  Okay.
[01:02:18.760 --> 01:02:22.080]  Well, I would like to be polite to everyone, but I'm just saying we have a lot of people
[01:02:22.080 --> 01:02:23.080]  on the line.
[01:02:23.080 --> 01:02:27.960]  Randy, I was trying to look that up on the break, but I didn't find it.
[01:02:27.960 --> 01:02:28.960]  Call it tomorrow night.
[01:02:28.960 --> 01:02:29.960]  We'll have a lot more time.
[01:02:29.960 --> 01:02:34.340]  I would like to kind of go over this a little bit because this is a good place to really
[01:02:34.340 --> 01:02:35.340]  work them over.
[01:02:35.340 --> 01:02:37.000]  It's down in the lower courts.
[01:02:37.000 --> 01:02:39.680]  It's the cheapest legal agent.
[01:02:39.680 --> 01:02:40.680]  Go ahead.
[01:02:40.680 --> 01:02:44.520]  Would you file that motion to dismiss for insufficiency of process?
[01:02:44.520 --> 01:02:48.360]  I mean, the second one, I tried to do that the first time and I think I was right at
[01:02:48.360 --> 01:02:49.360]  the mark.
[01:02:49.360 --> 01:02:55.200]  I probably didn't get it right, but then it went to that visiting judge who supposedly
[01:02:55.200 --> 01:03:00.080]  denied it and then entered a motion or entered the not guilty plea on my behalf, which I've
[01:03:00.080 --> 01:03:02.920]  never seen any of that because they won't show it to me.
[01:03:02.920 --> 01:03:03.920]  Okay.
[01:03:03.920 --> 01:03:04.920]  But he can do that.
[01:03:04.920 --> 01:03:08.480]  The main thing is them not showing you the file.
[01:03:08.480 --> 01:03:09.480]  Right.
[01:03:09.480 --> 01:03:16.280]  That, oh wait, when I go down and I ask for records, I get any crapola, they get a 911
[01:03:16.280 --> 01:03:17.280]  call.
[01:03:17.280 --> 01:03:22.040]  And I do that just for yucks, just to let them know that I mean business.
[01:03:22.040 --> 01:03:25.800]  My favorite one was Johnson County District Attorney, I mean District Clerk, when I tried
[01:03:25.800 --> 01:03:30.780]  to file a writ of habeas corpus and he said, that'll be a $200 filing fee.
[01:03:30.780 --> 01:03:37.120]  I took out my phone, dialed 911, got the police down there and the clerk is standing there.
[01:03:37.120 --> 01:03:43.240]  Well, I'm arguing with the policeman trying to get him to arrest the district clerk.
[01:03:43.240 --> 01:03:47.840]  I saw the clerk in the court courthouse the next day and he said, hello, Mr. Cowden.
[01:03:47.840 --> 01:03:49.640]  I said, hello Lloyd, how's it going?
[01:03:49.640 --> 01:03:53.600]  I said, oh, it's going pretty good and you're going to try to get me arrested again today?
[01:03:53.600 --> 01:03:59.120]  Oh, nah, heck, I was just screwing around yesterday, wasn't that a hoot?
[01:03:59.120 --> 01:04:02.120]  He said, what a dick is very funny.
[01:04:02.120 --> 01:04:07.800]  So the next time I come in, I didn't get any crapola.
[01:04:07.800 --> 01:04:13.840]  So call in tomorrow, we'll go into this in more detail, but we're running out of time
[01:04:13.840 --> 01:04:14.840]  and we've got a whole full board.
[01:04:14.840 --> 01:04:16.840]  Yeah, yeah, we've got a lot of callers.
[01:04:16.840 --> 01:04:21.760]  Would you file that second motion to dismiss just to get it on the file?
[01:04:21.760 --> 01:04:22.760]  Absolutely.
[01:04:22.760 --> 01:04:23.760]  Okay.
[01:04:23.760 --> 01:04:25.720]  But tomorrow I'll give you more reasons to dismiss.
[01:04:25.720 --> 01:04:30.520]  Okay, well I've got a pretty good one I think, I'll send it to y'all so y'all can look at
[01:04:30.520 --> 01:04:32.400]  it because I think I finally figured it out.
[01:04:32.400 --> 01:04:33.400]  Good, good.
[01:04:33.400 --> 01:04:36.240]  Send it to me how you've got it written up, then I can critique it.
[01:04:36.240 --> 01:04:37.240]  Okay.
[01:04:37.240 --> 01:04:38.240]  Okay.
[01:04:38.240 --> 01:04:39.240]  Good.
[01:04:39.240 --> 01:04:40.240]  Thanks.
[01:04:40.240 --> 01:04:41.240]  Good night.
[01:04:41.240 --> 01:04:42.240]  Good night.
[01:04:42.240 --> 01:04:43.240]  Okay, great.
[01:04:43.240 --> 01:04:45.240]  We are going to go now to Gary in Texas.
[01:04:45.240 --> 01:04:48.920]  Hey, how are you guys doing tonight?
[01:04:48.920 --> 01:04:49.920]  Good.
[01:04:49.920 --> 01:04:50.920]  Thanks for calling in.
[01:04:50.920 --> 01:04:51.920]  What's on your mind tonight?
[01:04:51.920 --> 01:04:52.920]  Sure.
[01:04:52.920 --> 01:04:53.920]  Well, I've got two quick questions.
[01:04:53.920 --> 01:04:54.920]  Hey, Randy.
[01:04:54.920 --> 01:05:02.640]  I had a relative's DUI case dismissed in a municipal court and now we want to go back
[01:05:02.640 --> 01:05:06.160]  in and file a motion of expunction.
[01:05:06.160 --> 01:05:11.560]  My question is, would we file municipal court or would we need to go to county court to
[01:05:11.560 --> 01:05:12.560]  make that filing?
[01:05:12.560 --> 01:05:15.480]  I think you file that in the county court.
[01:05:15.480 --> 01:05:17.120]  That's what I thought too.
[01:05:17.120 --> 01:05:22.480]  Send me an email on that or have I sent you my expunction motion?
[01:05:22.480 --> 01:05:23.480]  Yeah, yeah.
[01:05:23.480 --> 01:05:25.200]  No, we've done an expunction before.
[01:05:25.200 --> 01:05:26.200]  Oh, okay.
[01:05:26.200 --> 01:05:27.200]  So you got one.
[01:05:27.200 --> 01:05:28.200]  I thought we had to go to county court.
[01:05:28.200 --> 01:05:29.200]  Yeah, yeah.
[01:05:29.200 --> 01:05:35.000]  Now, the next thing, Randy, I'm helping a friend, got stopped for speeding in a North
[01:05:35.000 --> 01:05:43.840]  Texas county and he wrote, they had him scheduled for a hearing in November, so instead of personally
[01:05:43.840 --> 01:05:49.960]  appearing, he appeared by special appearance via affidavit and in the affidavit, he filed
[01:05:49.960 --> 01:05:56.200]  criminal complaints against the officer that were directed specifically to the magistrate
[01:05:56.200 --> 01:05:58.960]  of the municipal court.
[01:05:58.960 --> 01:06:06.000]  The thinking was, get the magistrate to accept the criminal complaints and file them with
[01:06:06.000 --> 01:06:11.040]  a district attorney and discredit the witness for the state who was the officer.
[01:06:11.040 --> 01:06:19.220]  So this was back in November, well, they went silent until today and he received a letter
[01:06:19.220 --> 01:06:27.920]  to appear in person and then in that letter to appear in person for a hearing, there was
[01:06:27.920 --> 01:06:36.200]  a copy of a criminal complaint issued by the officer that was dated about 10 days ago.
[01:06:36.200 --> 01:06:42.760]  So in talking to him, I told him, I said, what we need to do now is we need to file
[01:06:42.760 --> 01:06:45.800]  a criminal complaint against the magistrate.
[01:06:45.800 --> 01:06:46.800]  Felony.
[01:06:46.800 --> 01:06:54.280]  For felony, right, for shielding this officer from prosecution, failing to turn into a criminal
[01:06:54.280 --> 01:06:55.280]  complaint.
[01:06:55.280 --> 01:06:56.280]  Yeah, you're right.
[01:06:56.280 --> 01:07:08.120]  There's two things, 38.05 penal code shielding from prosecution, 3710 penal code tampering
[01:07:08.120 --> 01:07:13.040]  with a government document for failing to hold an examining trial and seal all the documents
[01:07:13.040 --> 01:07:16.960]  and forward them to the clerk of the court of jurisdiction.
[01:07:16.960 --> 01:07:23.800]  Motion to disqualify the judge for cause and here's a good one, motion for change of venue.
[01:07:23.800 --> 01:07:27.600]  Could you explain just a little bit on that one?
[01:07:27.600 --> 01:07:36.240]  You have a right to be tried in the county in which the infraction occurs or the county
[01:07:36.240 --> 01:07:40.440]  in which you live.
[01:07:40.440 --> 01:07:44.680]  That's a matter of right.
[01:07:44.680 --> 01:07:52.640]  So you move for change of venue when the judge denies it, that's an administrative decision.
[01:07:52.640 --> 01:07:57.100]  It goes to a statutory right.
[01:07:57.100 --> 01:08:06.560]  So you sue the judge personally, get him to make an administrative decision so you can
[01:08:06.560 --> 01:08:08.560]  sue him for it.
[01:08:08.560 --> 01:08:09.560]  Okay.
[01:08:09.560 --> 01:08:14.640]  And you can file the suit right in the criminal case.
[01:08:14.640 --> 01:08:15.640]  Okay.
[01:08:15.640 --> 01:08:25.480]  Question, Randy, at this point, because there has been a criminal complaint filed into the
[01:08:25.480 --> 01:08:37.800]  court record, is it not true that they cannot proceed with any action against my friend
[01:08:37.800 --> 01:08:43.920]  until they resolve the criminal complaint issue against the officer?
[01:08:43.920 --> 01:08:48.080]  Because I think technically the officer is disqualified because he's now a criminal defendant
[01:08:48.080 --> 01:08:51.640]  and can't be a witness for the state.
[01:08:51.640 --> 01:09:00.400]  Well, until the criminal allegations against him are resolved.
[01:09:00.400 --> 01:09:01.960]  Right.
[01:09:01.960 --> 01:09:09.480]  So how can they order him to appear for a hearing when the state witness is a criminal
[01:09:09.480 --> 01:09:10.480]  defendant?
[01:09:10.480 --> 01:09:12.600]  You have to move to disqualify.
[01:09:12.600 --> 01:09:15.600]  Okay.
[01:09:15.600 --> 01:09:19.200]  And I think I've sent you a motion to that effect.
[01:09:19.200 --> 01:09:20.200]  Yes.
[01:09:20.200 --> 01:09:21.200]  So you file a motion.
[01:09:21.200 --> 01:09:22.200]  Okay.
[01:09:22.200 --> 01:09:23.200]  I want to make sure and write this down.
[01:09:23.200 --> 01:09:24.200]  Okay.
[01:09:24.200 --> 01:09:29.680]  So you file a motion to disqualify the officer.
[01:09:29.680 --> 01:09:31.940]  Okay.
[01:09:31.940 --> 01:09:39.000]  Would you file a motion to recuse the, okay, you can disqualify the magistrate also, right?
[01:09:39.000 --> 01:09:40.000]  Yes.
[01:09:40.000 --> 01:09:41.000]  Disqualify, not recuse.
[01:09:41.000 --> 01:09:42.000]  Right.
[01:09:42.000 --> 01:09:46.680]  So motion to disqualify magistrate, okay.
[01:09:46.680 --> 01:09:48.920]  Motion for change of venue.
[01:09:48.920 --> 01:09:51.720]  Do you want to do that now also?
[01:09:51.720 --> 01:09:53.040]  Yes.
[01:09:53.040 --> 01:09:55.080]  Okay.
[01:09:55.080 --> 01:10:00.760]  And then do you want to file a criminal complaint against the magistrate for shielding against
[01:10:00.760 --> 01:10:03.240]  prosecution of the officer?
[01:10:03.240 --> 01:10:04.240]  Yes.
[01:10:04.240 --> 01:10:08.520]  And felony tampering with a government document.
[01:10:08.520 --> 01:10:09.520]  Okay.
[01:10:09.520 --> 01:10:15.720]  This is going to be fun.
[01:10:15.720 --> 01:10:21.600]  Does he have to appear or can he file paperwork?
[01:10:21.600 --> 01:10:25.080]  He can file paperwork beforehand.
[01:10:25.080 --> 01:10:27.920]  I don't think that can force him to appear.
[01:10:27.920 --> 01:10:36.600]  If he, yeah, he's probably going to have to appear to argue the motions.
[01:10:36.600 --> 01:10:41.840]  I have to think about this.
[01:10:41.840 --> 01:10:49.320]  He should be able to file a request that the motion for change of venue be heard without
[01:10:49.320 --> 01:10:58.240]  oral argument so that he wouldn't know what he would have to appear.
[01:10:58.240 --> 01:11:02.480]  Motion for change of venue without oral argument.
[01:11:02.480 --> 01:11:03.480]  Okay.
[01:11:03.480 --> 01:11:08.480]  Do you have an example of that on your website?
[01:11:08.480 --> 01:11:09.480]  No.
[01:11:09.480 --> 01:11:10.480]  Okay.
[01:11:10.480 --> 01:11:13.440]  Send me an email and I'll put one together.
[01:11:13.440 --> 01:11:14.440]  Okay.
[01:11:14.440 --> 01:11:15.440]  All right.
[01:11:15.440 --> 01:11:23.200]  And you know, it's no fun playing when they don't play by the rules, is it?
[01:11:23.200 --> 01:11:30.480]  Well, yeah, it is when you shift gears and start going for their throats.
[01:11:30.480 --> 01:11:36.560]  It cranks up the fun level quite a bit.
[01:11:36.560 --> 01:11:40.360]  When he starts filing criminal charges against the judge, it'll get a lot more fun.
[01:11:40.360 --> 01:11:41.360]  Yeah.
[01:11:41.360 --> 01:11:42.360]  Yeah.
[01:11:42.360 --> 01:11:43.360]  Okay.
[01:11:43.360 --> 01:11:49.400]  Send me an email and boy, what a great show and what awesome bumper music.
[01:11:49.400 --> 01:11:50.400]  Thank you.
[01:11:50.400 --> 01:11:51.400]  Thank you.
[01:11:51.400 --> 01:11:52.400]  Thank you.
[01:11:52.400 --> 01:11:53.400]  I appreciate that.
[01:11:53.400 --> 01:11:54.400]  Okay.
[01:11:54.400 --> 01:11:55.400]  Excellent.
[01:11:55.400 --> 01:12:01.400]  We are going to go now to, we've got Tana Monroe Ball, who is a friend of Wendy's from
[01:12:01.400 --> 01:12:02.400]  Tennessee.
[01:12:02.400 --> 01:12:03.960]  So we're going to bring them both up at the same time.
[01:12:03.960 --> 01:12:05.720]  Tana and Wendy, thanks for calling in.
[01:12:05.720 --> 01:12:07.760]  Ladies, what's on your mind tonight?
[01:12:07.760 --> 01:12:10.640]  Hi, this is Tana.
[01:12:10.640 --> 01:12:12.560]  I wanted to talk to you all.
[01:12:12.560 --> 01:12:23.840]  I have filed 13 felony and misdemeanor charges regarding my traffic ticket and I finally
[01:12:23.840 --> 01:12:32.320]  got a call from the DA's office and I'm going before the grand jury on February 9th
[01:12:32.320 --> 01:12:34.560]  to present my evidence.
[01:12:34.560 --> 01:12:41.600]  I was told that normally you go before the grand jury foreman and two panel members,
[01:12:41.600 --> 01:12:45.960]  but that they only keep their jurors for two months.
[01:12:45.960 --> 01:12:52.240]  So in this case, they have decided to let me go before the full grand jury and I'm
[01:12:52.240 --> 01:12:59.040]  going before all 13 because this has been the first time that anybody has petitioned
[01:12:59.040 --> 01:13:03.080]  the grand jury foreman in years, so they weren't quite sure how to deal with it.
[01:13:03.080 --> 01:13:08.680]  So I'm going to go before all 13 rather than the typical process.
[01:13:08.680 --> 01:13:15.880]  So I'm looking forward to it, but I had a couple of questions, perhaps need some clarification
[01:13:15.880 --> 01:13:19.680]  and a little bit of direction here.
[01:13:19.680 --> 01:13:27.580]  When I made my statement of facts under penalty of perjury, I was reviewing it last night
[01:13:27.580 --> 01:13:34.720]  and I noticed that there was one statement that I made where I accidentally or inadvertently
[01:13:34.720 --> 01:13:42.400]  admitted, omitted a clause and so it makes a statement that's not technically correct.
[01:13:42.400 --> 01:13:44.120]  What should I just file a...
[01:13:44.120 --> 01:13:47.600]  Okay, that's not a problem.
[01:13:47.600 --> 01:13:53.240]  When you get before the grand jury, just bring that out.
[01:13:53.240 --> 01:13:59.640]  You cannot be charged with perjury if you recant.
[01:13:59.640 --> 01:14:07.320]  I can go before the court and lie like a dog, but before they catch me, if I say, oh, wait
[01:14:07.320 --> 01:14:11.720]  a minute, wait a minute, okay, I made a little mistake there.
[01:14:11.720 --> 01:14:16.760]  Let me correct the record, then you cannot be charged.
[01:14:16.760 --> 01:14:23.760]  You certainly cannot be charged with a technical error.
[01:14:23.760 --> 01:14:33.120]  It has to go to intent if it's clear that it was a minor omission and I can go before
[01:14:33.120 --> 01:14:43.360]  the grand jury and swear on a stack of bibles that I weigh 180 pounds and that is not a
[01:14:43.360 --> 01:14:46.680]  material fact.
[01:14:46.680 --> 01:14:54.440]  That doesn't go to the crime directly, so you can't commit perjury by lying about any
[01:14:54.440 --> 01:14:56.320]  material facts anyway.
[01:14:56.320 --> 01:15:02.480]  Okay, well, in this case, I don't think it really was material, so I feel a lot better
[01:15:02.480 --> 01:15:03.480]  now.
[01:15:03.480 --> 01:15:04.880]  Okay, good.
[01:15:04.880 --> 01:15:12.720]  The next issue, I'm told that if the grand jury receives my complaint well, that this
[01:15:12.720 --> 01:15:18.440]  will actually be a presentment rather than an indictment, is that correct?
[01:15:18.440 --> 01:15:28.160]  No, the prosecuting attorney is the only one who does a presentment, you will merely be
[01:15:28.160 --> 01:15:33.320]  a witness.
[01:15:33.320 --> 01:15:40.600]  Whatever they ask you to do, you do and if it has the same effect as it being a presentment,
[01:15:40.600 --> 01:15:41.600]  it makes no difference.
[01:15:41.600 --> 01:15:45.240]  Well, and I want to address this presentment issue too, because there are two different
[01:15:45.240 --> 01:15:50.200]  definitions of presentment and I think that's why there's some confusion here, where Tana
[01:15:50.200 --> 01:15:53.400]  is asking if this would be a presentment or an indictment.
[01:15:53.400 --> 01:15:59.560]  Technically speaking, in one sense, a presentment is the same thing as the indictment except
[01:15:59.560 --> 01:16:06.400]  for a presentment is when a grand jury comes up with criminal charges and investigation
[01:16:06.400 --> 01:16:11.840]  on their own and they hand down what's called a presentment, which is basically the same
[01:16:11.840 --> 01:16:17.720]  thing as an indictment and indictment is when the prosecutor brings an information or whatever
[01:16:17.720 --> 01:16:22.260]  they call it in that particular state to the grand jury and then the grand jury hands down
[01:16:22.260 --> 01:16:23.560]  a true bill.
[01:16:23.560 --> 01:16:28.520]  That would be an indictment, but a presentment is when the grand jury decides on their own
[01:16:28.520 --> 01:16:34.180]  of their own accord to investigate a crime and hand down a true bill.
[01:16:34.180 --> 01:16:40.800]  That is a presentment, it's a proactive, independent action of the grand jury in and of itself.
[01:16:40.800 --> 01:16:44.840]  Now there's also apparently something else that's called a presentment, but really that
[01:16:44.840 --> 01:16:46.440]  is what a presentment really is.
[01:16:46.440 --> 01:16:50.720]  I'll address presenting as opposed to presentment when we get back from break.
[01:16:50.720 --> 01:16:53.280]  Yeah, presenting and presentment are definitely two different things.
[01:16:53.280 --> 01:16:56.440]  We'll be right back.
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[01:18:37.980 --> 01:18:45.980]  my pockets, took the money from my head ain't gonna fool me with that same old trick again
[01:18:49.980 --> 01:18:51.980]  ain't gonna fool me
[01:18:51.980 --> 01:18:53.980]  ain't gonna fool me
[01:19:05.980 --> 01:19:10.980]  ain't gonna drive me with that same old sucker punch
[01:19:10.980 --> 01:19:15.980]  i get it now but then i must have been out of the bunch
[01:19:15.980 --> 01:19:20.980]  back then you had room to move but now you're feeling the crunch
[01:19:20.980 --> 01:19:25.980]  ain't gonna get me with that same old sucker punch
[01:19:25.980 --> 01:19:30.980]  i get it now but then i must have been out of the bunch
[01:19:45.980 --> 01:19:50.980]  ain't gonna please me with that same old bad man song
[01:19:50.980 --> 01:19:55.980]  you thought you were right but now you got it all wrong
[01:19:55.980 --> 01:20:00.980]  it was a weak moment for me but i had the power all along
[01:20:00.980 --> 01:20:25.980]  ain't gonna please me with that same old bad man song
[01:20:25.980 --> 01:20:30.980]  ain't gonna bore me with that same old bundle of lies
[01:20:30.980 --> 01:20:35.980]  your arrogance is absurd don't know why you even try
[01:20:35.980 --> 01:20:40.980]  i'm gonna see my sweet republic re-energize
[01:20:40.980 --> 01:20:55.980]  ain't gonna blind me with that same old bucket of lies
[01:20:55.980 --> 01:21:10.980]  ain't gonna blind me
[01:21:26.980 --> 01:21:28.980]  god mosley's number two
[01:21:28.980 --> 01:21:32.980]  especially after that hit pc wrote on professor steve jones and world net daily
[01:21:32.980 --> 01:21:37.980]  i'm gonna get into that tomorrow night we had a couple of emails and calls
[01:21:37.980 --> 01:21:41.980]  about what that that little rant was all about that i started in on last friday
[01:21:41.980 --> 01:21:44.980]  and i'm sorry i didn't have time to get into it on monday
[01:21:44.980 --> 01:21:48.980]  but i'm going to lay the whole thing out because
[01:21:48.980 --> 01:21:52.980]  mosley was instrumental in getting john roberts nominated
[01:21:52.980 --> 01:21:56.980]  and i'm gonna i'm gonna explain the whole thing
[01:21:56.980 --> 01:22:00.980]  uh... it all started with a hit piece that he wrote in world net daily on
[01:22:00.980 --> 01:22:02.980]  professor steve jones
[01:22:02.980 --> 01:22:03.980]  my hero
[01:22:03.980 --> 01:22:05.980]  who discovered that
[01:22:05.980 --> 01:22:07.980]  thermate was the cause
[01:22:07.980 --> 01:22:10.980]  of the destruction of the world trade center
[01:22:10.980 --> 01:22:15.980]  and uh... mosley has sent me death threats by the way so i'm not gonna i'm not i'm not playing
[01:22:15.980 --> 01:22:17.980]  i'm not playing games here
[01:22:17.980 --> 01:22:22.980]  alright we'll get into it tomorrow night in the meantime let's go back to tana and wendy
[01:22:22.980 --> 01:22:25.980]  yes we were talking about
[01:22:25.980 --> 01:22:29.980]  presentment
[01:22:29.980 --> 01:22:31.980]  attorneys like to play games with with
[01:22:31.980 --> 01:22:33.980]  terms
[01:22:33.980 --> 01:22:36.980]  uh... a presentment
[01:22:36.980 --> 01:22:38.980]  an attorney
[01:22:38.980 --> 01:22:40.980]  can present a complaint
[01:22:40.980 --> 01:22:45.980]  or or an accusation to the grand jury but that's not a presentment
[01:22:45.980 --> 01:22:49.980]  the grand jury brings back to the prosecutor
[01:22:49.980 --> 01:22:51.980]  and says
[01:22:51.980 --> 01:22:53.980]  we have this presentment
[01:22:53.980 --> 01:22:55.980]  that's a true bill
[01:22:55.980 --> 01:22:57.980]  prepare an indictment
[01:22:57.980 --> 01:23:00.980]  and we'll sign it
[01:23:00.980 --> 01:23:03.980]  i had a big argument here in texas with
[01:23:03.980 --> 01:23:08.980]  prosecutors preparing an indictment and giving it to the grand jury and asking them
[01:23:08.980 --> 01:23:09.980]  to approve it
[01:23:09.980 --> 01:23:12.980]  well that's backwards by law
[01:23:12.980 --> 01:23:15.980]  they're supposed to be given a criminal accusation
[01:23:15.980 --> 01:23:18.980]  and that's what uh...
[01:23:18.980 --> 01:23:23.980]  tanya what you did was prepared a criminal accusation
[01:23:23.980 --> 01:23:28.980]  and they will call you before them and you will be a witness before them but you will not be
[01:23:28.980 --> 01:23:30.980]  giving them
[01:23:30.980 --> 01:23:31.980]  a presentment
[01:23:31.980 --> 01:23:37.980]  you will just be presenting the facts to them yeah really i mean what's next they're gonna
[01:23:37.980 --> 01:23:42.980]  the prosecutor's gonna bring a conviction conviction papers to the to the petit jury
[01:23:42.980 --> 01:23:47.980]  and say here sign these i think what's what's next it's basically the same thing
[01:23:47.980 --> 01:23:51.980]  yes it's getting close to that they would like that
[01:23:51.980 --> 01:23:56.980]  you know we're ninety nine point six conviction percent conviction rate in texas as it is
[01:23:56.980 --> 01:23:59.980]  so uh... if they could just
[01:23:59.980 --> 01:24:03.980]  write the conviction and it would have to bother with all this court crapola
[01:24:03.980 --> 01:24:08.980]  but the fact that time is getting going to get to present to the grand jury is
[01:24:08.980 --> 01:24:10.980]  major
[01:24:10.980 --> 01:24:17.980]  it is that he said it had been years since anyone had requested to do that
[01:24:17.980 --> 01:24:23.980]  i've got some people shook up uh... i'm looking forward to it because i've
[01:24:23.980 --> 01:24:28.980]  accumulated some statements from other people that they've done the same thing to you and
[01:24:28.980 --> 01:24:32.980]  i may actually have a couple of other people there to testify
[01:24:32.980 --> 01:24:37.980]  they've done it the same thing to them which is only going to add credence
[01:24:37.980 --> 01:24:43.980]  uh... i think we went to such things as rico and you know obviously criminal
[01:24:43.980 --> 01:24:44.980]  conspiracy but
[01:24:44.980 --> 01:24:49.980]  i'm going to go more after extortion and official oppression and official
[01:24:49.980 --> 01:24:53.980]  misconduct there's enough charges there
[01:24:53.980 --> 01:24:56.980]  let me interrupt here for just one second
[01:24:56.980 --> 01:24:58.980]  on an indictment
[01:24:58.980 --> 01:25:03.980]  does the grand jury members signed the indictment
[01:25:03.980 --> 01:25:08.980]  okay in every state i've looked at so far
[01:25:08.980 --> 01:25:12.980]  only the foreman signs the indictment
[01:25:12.980 --> 01:25:17.980]  but there is a method for ensuring that when the indictment
[01:25:17.980 --> 01:25:20.980]  is presented to the court
[01:25:20.980 --> 01:25:24.980]  that a quorum of the grand jury is present
[01:25:24.980 --> 01:25:26.980]  like in texas
[01:25:26.980 --> 01:25:30.980]  the statute says the twenty twenty two code of criminal procedure
[01:25:30.980 --> 01:25:35.980]  says that the foreman shall come before the court
[01:25:35.980 --> 01:25:38.980]  with a quorum of the grand jury present
[01:25:38.980 --> 01:25:41.980]  and read the fact of the indictment to the
[01:25:41.980 --> 01:25:46.980]  to the court and the clerk shall make notes in the minutes of the court
[01:25:46.980 --> 01:25:48.980]  has to be a quorum there
[01:25:48.980 --> 01:25:49.980]  that way
[01:25:49.980 --> 01:25:53.980]  you make sure that there's at least half the jurors there
[01:25:53.980 --> 01:25:57.980]  and they concur that the indictments were actually brought
[01:25:57.980 --> 01:26:04.980]  there will always be a check and balance of that nature in place
[01:26:04.980 --> 01:26:06.980]  except in the federal
[01:26:06.980 --> 01:26:07.980]  that's great
[01:26:07.980 --> 01:26:13.980]  that's really good that way there's no impropriety of false statements
[01:26:13.980 --> 01:26:18.980]  well now let me ask you this because i'm getting confused on some other legal terms
[01:26:18.980 --> 01:26:23.980]  there's an affidavit of probable cause of criminal complaint
[01:26:23.980 --> 01:26:26.980]  and then there's just a criminal complaint
[01:26:26.980 --> 01:26:30.980]  and then there's a statement of facts under penalty of perjury
[01:26:30.980 --> 01:26:33.980]  I can explain these
[01:26:33.980 --> 01:26:37.980]  when i make a criminal complaint
[01:26:37.980 --> 01:26:42.980]  i include my statement of probable cause within the complaint
[01:26:42.980 --> 01:26:48.980]  all a complaint is is a document that essentially says
[01:26:48.980 --> 01:26:51.980]  that i have reason to believe
[01:26:51.980 --> 01:26:53.980]  and i do believe
[01:26:53.980 --> 01:26:56.980]  based on these facts
[01:26:56.980 --> 01:26:58.980]  that this person committed that crime
[01:26:58.980 --> 01:27:04.980]  if a document has essentially those elements
[01:27:04.980 --> 01:27:07.980]  then it can be called a criminal complaint
[01:27:07.980 --> 01:27:11.980]  a lot of times especially in municipal courts
[01:27:11.980 --> 01:27:17.980]  the complaint or the statement of probable cause by the police officer
[01:27:17.980 --> 01:27:20.980]  is used as the criminal complaint
[01:27:20.980 --> 01:27:22.980]  and the way they get that done
[01:27:22.980 --> 01:27:25.980]  is he starts it out by naming who he is
[01:27:25.980 --> 01:27:30.980]  and he says that i have reason to believe and do believe
[01:27:30.980 --> 01:27:36.980]  that particular wording is in most every state i've ever seen
[01:27:36.980 --> 01:27:38.980]  you can't just believe it
[01:27:38.980 --> 01:27:40.980]  you have to have reason to believe it
[01:27:40.980 --> 01:27:42.980]  and you can't just have reason to believe it
[01:27:42.980 --> 01:27:45.980]  you have to truly state that you believe it
[01:27:45.980 --> 01:27:47.980]  and that's all it requires
[01:27:47.980 --> 01:27:50.980]  a complaint doesn't have to prove anything
[01:27:50.980 --> 01:27:55.980]  it's just notification to the court that you have reason to believe
[01:27:55.980 --> 01:27:59.980]  and you do believe that this crime has been committed by this person
[01:27:59.980 --> 01:28:05.980]  if you include a statement of probable cause within the complaint
[01:28:05.980 --> 01:28:08.980]  then the complaint is both
[01:28:08.980 --> 01:28:10.980]  you could write a complaint
[01:28:10.980 --> 01:28:14.980]  and say that i have reason to believe and do believe
[01:28:14.980 --> 01:28:20.980]  that on a certain certain date this officer committed this criminal act
[01:28:20.980 --> 01:28:23.980]  now that's a complaint
[01:28:23.980 --> 01:28:28.980]  and it is enough to invoke the jurisdiction of the court
[01:28:28.980 --> 01:28:33.980]  but it's not enough to find probable cause on its own
[01:28:33.980 --> 01:28:37.980]  so there would have to be attached a statement of probable cause
[01:28:37.980 --> 01:28:39.980]  a verified affidavit
[01:28:39.980 --> 01:28:42.980]  meaning just signed and notarized
[01:28:42.980 --> 01:28:45.980]  stating the facts of the case
[01:28:45.980 --> 01:28:47.980]  so they can be two separate documents
[01:28:47.980 --> 01:28:50.980]  or they can both be combined into one document
[01:28:50.980 --> 01:28:53.980]  but both have to be there
[01:28:53.980 --> 01:29:00.980]  the complaint has to be sufficient
[01:29:00.980 --> 01:29:05.980]  i used to say that it had to be a competent fact witness
[01:29:05.980 --> 01:29:08.980]  turns out now that a
[01:29:08.980 --> 01:29:14.980]  magistrate can find probable cause based on hearsay information
[01:29:14.980 --> 01:29:21.980]  but there are standards that has to be sufficient facts stated under oath
[01:29:21.980 --> 01:29:24.980]  to establish reasonable cause
[01:29:24.980 --> 01:29:27.980]  but that's really all there is to a complaint
[01:29:27.980 --> 01:29:30.980]  the nice thing about complaints is
[01:29:30.980 --> 01:29:35.980]  you're just all you're doing is giving notice to the court
[01:29:35.980 --> 01:29:38.980]  they harm no one
[01:29:38.980 --> 01:29:40.980]  because if the court believes you
[01:29:40.980 --> 01:29:43.980]  then the court does something that harms someone
[01:29:43.980 --> 01:29:46.980]  but your complaint doesn't
[01:29:46.980 --> 01:29:50.980]  is it necessary in your criminal complaint
[01:29:50.980 --> 01:29:54.980]  i guess not because it's not necessarily a statement of probable cause
[01:29:54.980 --> 01:29:59.980]  is it necessary to allege all of the essential elements of the crime
[01:29:59.980 --> 01:30:01.980]  or can that be done before the grand jury
[01:30:01.980 --> 01:30:03.980]  that has to be done
[01:30:03.980 --> 01:30:06.980]  no that doesn't even have to be done before grand jury
[01:30:06.980 --> 01:30:09.980]  right well that's really done at the trial
[01:30:09.980 --> 01:30:13.980]  but i'm going to try when i go into the grand jury
[01:30:13.980 --> 01:30:17.980]  to hand them the tennessee jury pattern instructions
[01:30:17.980 --> 01:30:20.980]  and show how each essential element has been met
[01:30:20.980 --> 01:30:24.980]  that was a very good strategy
[01:30:24.980 --> 01:30:31.980]  in effect you will be instructing the grand jury in the points of law
[01:30:31.980 --> 01:30:34.980]  you have learned well padawan
[01:30:34.980 --> 01:30:36.980]  grazover
[01:30:36.980 --> 01:30:39.980]  i've printed them out and i have them ready
[01:30:39.980 --> 01:30:44.980]  i think i can pretty conclusively prove with evidence
[01:30:44.980 --> 01:30:48.980]  that the essential elements are all met for these crimes
[01:30:48.980 --> 01:30:51.980]  that would be wonderful
[01:30:51.980 --> 01:30:54.980]  if you don't get an indictment
[01:30:54.980 --> 01:30:57.980]  don't be upset
[01:30:57.980 --> 01:31:02.980]  you have made a major coup
[01:31:02.980 --> 01:31:05.980]  when i go before grand jury that's all i want to do
[01:31:05.980 --> 01:31:08.980]  that's enough
[01:31:08.980 --> 01:31:11.980]  getting the guy indicted and thrown out of office
[01:31:11.980 --> 01:31:13.980]  you could get rid of all the bad guys and replace them
[01:31:13.980 --> 01:31:15.980]  you'd be in the same place
[01:31:15.980 --> 01:31:17.980]  we only want to do that to a few of them
[01:31:17.980 --> 01:31:19.980]  yeah just a few of them
[01:31:19.980 --> 01:31:22.980]  but if you kick the crap ola out of this judge
[01:31:22.980 --> 01:31:26.980]  he's going to tell everybody else how you kick the crap ola out of him
[01:31:26.980 --> 01:31:31.980]  can you tell him what the name of the judge is?
[01:31:31.980 --> 01:31:35.980]  in my case?
[01:31:35.980 --> 01:31:38.980]  well i had two
[01:31:38.980 --> 01:31:43.980]  the city municipal judge was judge john ruth
[01:31:43.980 --> 01:31:48.980]  and then the circuit court was wheeler rosenbaum
[01:31:48.980 --> 01:31:52.980]  is that your brother?
[01:31:52.980 --> 01:31:55.980]  wendy?
[01:31:55.980 --> 01:31:58.980]  i taught him well
[01:31:58.980 --> 01:32:01.980]  he's a fantastic crook
[01:32:01.980 --> 01:32:03.980]  yes he is
[01:32:03.980 --> 01:32:05.980]  he was going to convict her
[01:32:05.980 --> 01:32:08.980]  it may well be
[01:32:08.980 --> 01:32:11.980]  you may actually get an indictment
[01:32:11.980 --> 01:32:18.980]  i'm wondering what possessed the prosecuting attorney to stand aside
[01:32:18.980 --> 01:32:21.980]  that's a good question
[01:32:21.980 --> 01:32:24.980]  i was beginning to think that they were stifling
[01:32:24.980 --> 01:32:26.980]  and just ignoring me
[01:32:26.980 --> 01:32:28.980]  because it had been over four months
[01:32:28.980 --> 01:32:32.980]  since i'd even gotten a phone call about it
[01:32:32.980 --> 01:32:34.980]  so i was beginning to think
[01:32:34.980 --> 01:32:36.980]  well they're trying to bury this
[01:32:36.980 --> 01:32:41.980]  and i was getting ready to write a letter to the tennessee ethics commission
[01:32:41.980 --> 01:32:44.980]  with all the facts and how they have not even responded
[01:32:44.980 --> 01:32:46.980]  and all that
[01:32:46.980 --> 01:32:49.980]  but then he called me and surprised me last week
[01:32:49.980 --> 01:32:55.980]  i'm going to bet that wendy has something to do with that
[01:32:55.980 --> 01:33:01.980]  this is in the county next to where we're at
[01:33:01.980 --> 01:33:03.980]  this is nox county
[01:33:03.980 --> 01:33:06.980]  this is the county next door to us
[01:33:06.980 --> 01:33:09.980]  it took us a while to get it to saying file
[01:33:09.980 --> 01:33:12.980]  we walked all over
[01:33:12.980 --> 01:33:15.980]  trying to figure out where to file him
[01:33:15.980 --> 01:33:19.980]  if looks could have killed we would have been dead
[01:33:19.980 --> 01:33:21.980]  when i went to file
[01:33:21.980 --> 01:33:24.980]  that woman looked at me like i had two heads
[01:33:24.980 --> 01:33:27.980]  and was crazy and both and the son of satan
[01:33:27.980 --> 01:33:32.980]  they would not stamp it filed
[01:33:32.980 --> 01:33:34.980]  and i think that
[01:33:34.980 --> 01:33:38.980]  okay if you look at that official filing and i think we need to give me
[01:33:38.980 --> 01:33:43.980]  uh... signature and a date and a time on here so that i can prove i filed it
[01:33:43.980 --> 01:33:46.980]  before the statute of limitations is up
[01:33:46.980 --> 01:33:50.980]  the tennessee has a real picky statute of limitation
[01:33:50.980 --> 01:33:53.980]  and boy if you come up not in that matter what i think you'd like
[01:33:53.980 --> 01:33:57.980]  but you read her net at day and time on there and i thought anybody could say
[01:33:57.980 --> 01:33:58.980]  that i did that
[01:33:58.980 --> 01:34:03.980]  so she looked at me and darts came out of her eyes and she begrudgingly signed
[01:34:03.980 --> 01:34:07.980]  her name on there to prove that i had filed it
[01:34:07.980 --> 01:34:08.980]  so
[01:34:08.980 --> 01:34:11.980]  i'm just wondering you know
[01:34:11.980 --> 01:34:17.980]  if this just got buried or if they really don't want me in there
[01:34:17.980 --> 01:34:19.980]  i'm betting
[01:34:19.980 --> 01:34:22.980]  that they've been watching wendy's
[01:34:22.980 --> 01:34:26.980]  trial and watched it get worse and worse and worse
[01:34:26.980 --> 01:34:32.980]  and it's having exactly the effect we want it to have
[01:34:32.980 --> 01:34:36.980]  these guys are saying let's not be like those clowns
[01:34:36.980 --> 01:34:39.980]  i'm not jumping into that
[01:34:39.980 --> 01:34:42.980]  i'm sure they talk because it is close
[01:34:42.980 --> 01:34:47.980]  relations with each other county
[01:34:47.980 --> 01:34:49.980]  but tanya was with us
[01:34:49.980 --> 01:34:55.980]  on the friday we were supposed to be heard on our counterclaims and no one showed up
[01:34:55.980 --> 01:34:57.980]  so she was my witness
[01:34:57.980 --> 01:35:00.980]  and i have no doubt that has a lot to do with it
[01:35:00.980 --> 01:35:04.980]  because these guys talk to each other all the time
[01:35:04.980 --> 01:35:06.980]  and i suspect that
[01:35:06.980 --> 01:35:11.980]  most every county in tennessee is aware of what's going on here
[01:35:11.980 --> 01:35:13.980]  because they all talk to each other
[01:35:13.980 --> 01:35:19.980]  i've never done anything to the smaller courts quite on this scale
[01:35:19.980 --> 01:35:23.980]  but i went and talked to a personal friend of mine who
[01:35:23.980 --> 01:35:26.980]  became a justice of the peace
[01:35:26.980 --> 01:35:29.980]  and i went in to talk to him one day and
[01:35:29.980 --> 01:35:34.980]  he said mr kelton i just came from a seminar in austin
[01:35:34.980 --> 01:35:37.980]  continuing education seminar
[01:35:37.980 --> 01:35:43.980]  mr kelton you know you're getting rather well known around texas
[01:35:43.980 --> 01:35:46.980]  i said
[01:35:46.980 --> 01:35:49.980]  is that a good thing
[01:35:49.980 --> 01:35:52.980]  no i don't think so mr kelton
[01:35:52.980 --> 01:35:55.980]  yeah and we have like five other callers on the line too
[01:35:55.980 --> 01:36:00.980]  yeah we're going to go but i want to ask you randy i'll call in later
[01:36:00.980 --> 01:36:02.980]  did you get a packet for me
[01:36:02.980 --> 01:36:04.980]  not yet
[01:36:04.980 --> 01:36:08.980]  okay what's my pick deb i don't know if i seem to be in the right place or not
[01:36:08.980 --> 01:36:13.980]  okay i'll let you know if it doesn't come in the next couple days
[01:36:13.980 --> 01:36:17.980]  but tanya you gotta let us know how this comes out
[01:36:17.980 --> 01:36:21.980]  i will and just one little last statement for thought
[01:36:21.980 --> 01:36:26.980]  recently attended michael badneric's constitution seminar
[01:36:26.980 --> 01:36:29.980]  and he regarding just
[01:36:29.980 --> 01:36:33.980]  uh... deborah made a comment a while ago we just want to get a few of them
[01:36:33.980 --> 01:36:38.980]  he made a comment at the seminar we don't have to hang all our legislators
[01:36:38.980 --> 01:36:39.980]  just six
[01:36:39.980 --> 01:36:43.980]  that gets the point across
[01:36:43.980 --> 01:36:48.980]  and i'm thinking yes it would i would love to see an indictment come out of this
[01:36:48.980 --> 01:36:52.980]  they don't have to be convicted an indictment would be all it would take to
[01:36:52.980 --> 01:36:54.980]  clean some of that corruption
[01:36:54.980 --> 01:36:57.980]  well that's funny that you mentioned that about michael badneric he's one of my
[01:36:57.980 --> 01:36:59.980]  very close friends and uh...
[01:36:59.980 --> 01:37:03.980]  he's a he's a sailor he's a captain
[01:37:03.980 --> 01:37:07.980]  and he he knows how to tie thirty one different knots and one of them is a
[01:37:07.980 --> 01:37:09.980]  hangman's news
[01:37:09.980 --> 01:37:12.980]  he mentioned that fact too
[01:37:12.980 --> 01:37:17.980]  yeah he says he says we should uh... invest in precious metals
[01:37:17.980 --> 01:37:18.980]  lead
[01:37:18.980 --> 01:37:22.980]  gold silver and lead
[01:37:22.980 --> 01:37:24.980]  okay i enjoyed it
[01:37:24.980 --> 01:37:27.980]  but yes i will definitely let you know how this goes
[01:37:27.980 --> 01:37:28.980]  so
[01:37:28.980 --> 01:37:31.980]  thank you for the clarification that really helped
[01:37:31.980 --> 01:37:33.980]  thank you tata thank you wendy
[01:37:33.980 --> 01:37:34.980]  okay
[01:37:34.980 --> 01:37:36.980]  y'all can call back in tomorrow night if you like
[01:37:36.980 --> 01:37:40.980]  okay we're going to go now to doug in texas
[01:37:40.980 --> 01:37:44.980]  hi doug what's on your mind tonight
[01:37:44.980 --> 01:37:47.980]  well i'm going to invest in
[01:37:47.980 --> 01:37:49.980]  most precious metals
[01:37:49.980 --> 01:37:50.980]  lead and brass
[01:37:50.980 --> 01:37:52.980]  which is what?
[01:37:52.980 --> 01:37:54.980]  lead and brass
[01:37:54.980 --> 01:37:56.980]  but i uh...
[01:37:56.980 --> 01:37:58.980]  you know i was telling you earlier
[01:37:58.980 --> 01:38:03.980]  you mentioned a decision by ruth bader ginsburg
[01:38:03.980 --> 01:38:07.980]  and i just wanted to remind the audience
[01:38:07.980 --> 01:38:08.980]  that uh...
[01:38:08.980 --> 01:38:11.980]  ruth bader ginsburg is
[01:38:11.980 --> 01:38:14.980]  uh... married to the guy
[01:38:14.980 --> 01:38:18.980]  who is the co-founder of nambla
[01:38:18.980 --> 01:38:20.980]  north american
[01:38:20.980 --> 01:38:22.980]  man boy lover
[01:38:22.980 --> 01:38:24.980]  she's mentioned
[01:38:24.980 --> 01:38:28.980]  homosexual pedophile
[01:38:28.980 --> 01:38:30.980]  and uh...
[01:38:30.980 --> 01:38:32.980]  you know ruth bader ginsburg
[01:38:32.980 --> 01:38:34.980]  aside from
[01:38:34.980 --> 01:38:36.980]  the most disgusting
[01:38:36.980 --> 01:38:40.980]  obnoxious person i've ever laid eyes on
[01:38:40.980 --> 01:38:42.980]  uh...
[01:38:42.980 --> 01:38:46.980]  that sort of mitigates her husband's
[01:38:46.980 --> 01:38:50.980]  homosexual pedophile tendency
[01:38:50.980 --> 01:38:54.980]  that i think she should be married to one of our other
[01:38:54.980 --> 01:38:58.980]  at the risk of sounding anti-semitic
[01:38:58.980 --> 01:39:01.980]  she should be married to uh...
[01:39:01.980 --> 01:39:03.980]  michael chesoff
[01:39:03.980 --> 01:39:06.980]  comrade chesoff or uh...
[01:39:06.980 --> 01:39:08.980]  who's the guy that
[01:39:08.980 --> 01:39:11.980]  one of the former ron emmanuel
[01:39:11.980 --> 01:39:14.980]  ron emmanuel
[01:39:14.980 --> 01:39:16.980]  stabbed state knives
[01:39:16.980 --> 01:39:18.980]  and killed the enemy
[01:39:18.980 --> 01:39:20.980]  killed the enemy
[01:39:20.980 --> 01:39:22.980]  a complete psycho
[01:39:22.980 --> 01:39:24.980]  that bill henderson
[01:39:24.980 --> 01:39:26.980]  killed him
[01:39:26.980 --> 01:39:29.980]  okay doug doug listen we're losing you
[01:39:29.980 --> 01:39:31.980]  we're losing you
[01:39:31.980 --> 01:39:33.980]  this is really not
[01:39:33.980 --> 01:39:37.980]  the forum for ad hominem attack
[01:39:37.980 --> 01:39:40.980]  well once in a while a little bit
[01:39:40.980 --> 01:39:42.980]  he's right though about well
[01:39:42.980 --> 01:39:45.980]  the only thing about that i have about ruth
[01:39:45.980 --> 01:39:49.980]  ginsburg is that uh... i think she's made some pretty heinous rulings
[01:39:49.980 --> 01:39:51.980]  but i can't attack her that much personally
[01:39:51.980 --> 01:39:54.980]  uh... but at any rate yeah we do need to move on
[01:39:54.980 --> 01:39:57.980]  doug you got some interesting comments there and uh...
[01:39:57.980 --> 01:40:02.980]  man i gotta i gotta i feel for you because i'm mad too i'm really really really mad
[01:40:02.980 --> 01:40:05.980]  uh... about this whole situation you know it's uh... these
[01:40:05.980 --> 01:40:07.980]  people are trying to kill us this is the bottom line
[01:40:07.980 --> 01:40:11.980]  alright listen we're gonna move on now we're going to will from texas
[01:40:11.980 --> 01:40:14.980]  will thanks for calling in what's on your mind tonight
[01:40:14.980 --> 01:40:16.980]  hey deborah hey randy great to know you all
[01:40:16.980 --> 01:40:18.980]  hey uh...
[01:40:18.980 --> 01:40:21.980]  notice a couple things uh... on traffic citations
[01:40:21.980 --> 01:40:24.980]  the smaller courts now they
[01:40:24.980 --> 01:40:28.980]  have a difference where you sign to appear
[01:40:28.980 --> 01:40:30.980]  different than what the
[01:40:30.980 --> 01:40:33.980]  bigger cities like in austin where you go to
[01:40:33.980 --> 01:40:36.980]  sign that you're gonna appear it says i've received this written notice to
[01:40:36.980 --> 01:40:37.980]  appear
[01:40:37.980 --> 01:40:39.980]  and will appear at the city of austin municipal court
[01:40:39.980 --> 01:40:43.980]  on or before the date and time designated above in order to enter a
[01:40:43.980 --> 01:40:44.980]  plea of guilty
[01:40:44.980 --> 01:40:47.980]  not guilty or no contest to each violation
[01:40:47.980 --> 01:40:51.980]  then on the smaller courts now this may just be because they're older or what not
[01:40:51.980 --> 01:40:55.980]  it just says i promise to appear in main or municipal court
[01:40:55.980 --> 01:41:00.980]  so my idea was to go and appear and then leave
[01:41:00.980 --> 01:41:04.980]  yet well there's something i'm i'm glad you brought up that difference i noticed
[01:41:04.980 --> 01:41:06.980]  that on a
[01:41:06.980 --> 01:41:09.980]  city of austin traffic citation
[01:41:09.980 --> 01:41:16.980]  and that is a contract the city is not authorized to force you to enter into
[01:41:16.980 --> 01:41:18.980]  the statute
[01:41:18.980 --> 01:41:22.980]  five forty three point double oh five
[01:41:22.980 --> 01:41:24.980]  texas transportation code
[01:41:24.980 --> 01:41:26.980]  says that you must
[01:41:26.980 --> 01:41:31.980]  that the officer who makes the arrest must take you fourteen point oh six
[01:41:31.980 --> 01:41:35.980]  directs him to take you directly to the nearest magistrate
[01:41:35.980 --> 01:41:38.980]  well to keep him from having to do that
[01:41:38.980 --> 01:41:45.980]  if you sign the citation and promise to take yourself before a magistrate
[01:41:45.980 --> 01:41:50.980]  he can release you on your own recognizance under the promise to do that
[01:41:50.980 --> 01:41:51.980]  right
[01:41:51.980 --> 01:41:57.980]  what the city of of austin is apparently doing is trying to bypass the magistrate
[01:41:57.980 --> 01:41:59.980]  altogether
[01:41:59.980 --> 01:42:01.980]  well i tricked them
[01:42:01.980 --> 01:42:02.980]  the last
[01:42:02.980 --> 01:42:04.980]  three tickets i got were all
[01:42:04.980 --> 01:42:06.980]  administrative tickets
[01:42:06.980 --> 01:42:10.980]  proof of insurance uh... registration and
[01:42:10.980 --> 01:42:12.980]  uh... safety sticker
[01:42:12.980 --> 01:42:13.980]  right
[01:42:13.980 --> 01:42:18.980]  i beat them all because i had insurance i had registration i just didn't have it on a window
[01:42:18.980 --> 01:42:21.980]  and a sticker went out the day before
[01:42:21.980 --> 01:42:23.980]  so i went down
[01:42:23.980 --> 01:42:25.980]  and i didn't appear
[01:42:25.980 --> 01:42:27.980]  before the court to plead
[01:42:27.980 --> 01:42:30.980]  guilty or not guilty or no lo contendi
[01:42:30.980 --> 01:42:33.980]  i appeared before a magistrate
[01:42:33.980 --> 01:42:35.980]  he thought he was a judge
[01:42:35.980 --> 01:42:38.980]  but i didn't i thought he was a magistrate
[01:42:38.980 --> 01:42:39.980]  just the way i had
[01:42:39.980 --> 01:42:44.980]  had a statutory authority to appear before a magistrate not a judge
[01:42:44.980 --> 01:42:50.980]  so i gave him three criminal charges against the police officer who wrote the tickets
[01:42:50.980 --> 01:42:55.980]  because he ordered me to appear on or before
[01:42:55.980 --> 01:42:57.980]  a date certain
[01:42:57.980 --> 01:42:59.980]  and not
[01:42:59.980 --> 01:43:06.980]  on a date at least ten days after the date of offense or date of arrest is what the statute says
[01:43:06.980 --> 01:43:13.980]  and a date to appear before a magistrate that's what the statute says
[01:43:13.980 --> 01:43:21.980]  so i appeared before a magistrate and in his capacity as a magistrate i handed him three criminal charges
[01:43:21.980 --> 01:43:24.980]  and he got all excited
[01:43:24.980 --> 01:43:27.980]  i think i ruined his day
[01:43:27.980 --> 01:43:30.980]  and i can't get him to bring me back to court
[01:43:30.980 --> 01:43:33.980]  i don't know what the problem is
[01:43:33.980 --> 01:43:37.980]  so you filed three criminal charges against him because of
[01:43:37.980 --> 01:43:39.980]  the
[01:43:39.980 --> 01:43:42.980]  the way that the statute is worded
[01:43:42.980 --> 01:43:45.980]  well the way the ticket was worded
[01:43:45.980 --> 01:43:52.980]  the statute says five forty three point double oh six transportation code
[01:43:52.980 --> 01:43:53.980]  five forty
[01:43:53.980 --> 01:43:56.980]  a double oh five authorizes him to release you on your signature
[01:43:56.980 --> 01:44:02.980]  double oh six says oh wait we're about out of time we're going to break we'll be right back
[01:44:02.980 --> 01:44:07.980]  i was going to skip the break randy go ahead go ahead go ahead because we got so many callers
[01:44:07.980 --> 01:44:14.980]  double oh six says the statute paragraph a the statute shall state a date to appear
[01:44:14.980 --> 01:44:18.980]  at least ten days after the date of arrest
[01:44:18.980 --> 01:44:27.980]  and the reason that's there is twenty six point one one code of criminal procedure says i'm sorry twenty seven eleven
[01:44:27.980 --> 01:44:29.980]  says
[01:44:29.980 --> 01:44:32.980]  that after arrest the accused
[01:44:32.980 --> 01:44:33.980]  has
[01:44:33.980 --> 01:44:40.980]  ten full days in which to file pleadings in his behalf
[01:44:40.980 --> 01:44:44.980]  so you're given ten days to file documents in your behalf
[01:44:44.980 --> 01:44:47.980]  after that you can file with
[01:44:47.980 --> 01:44:51.980]  leave of the court at the court's discretion
[01:44:51.980 --> 01:44:55.980]  so the statute says that it must be at least ten days so you got time to
[01:44:55.980 --> 01:44:59.980]  to prepare your documentation
[01:44:59.980 --> 01:45:11.980]  then double paragraph b says the statute the the citation shall state a date to appear before a magistrate
[01:45:11.980 --> 01:45:14.980]  doesn't say anything about judge
[01:45:14.980 --> 01:45:17.980]  okay judges are magistrates
[01:45:17.980 --> 01:45:18.980]  but
[01:45:18.980 --> 01:45:22.980]  when you appear before them for this purpose they're not judges
[01:45:22.980 --> 01:45:24.980]  they're magistrates
[01:45:24.980 --> 01:45:30.980]  a mayor can be a magistrate and he's never a judge a city recorder can be a magistrate whatever that is i hadn't figured it out
[01:45:30.980 --> 01:45:32.980]  but it's in the statute
[01:45:32.980 --> 01:45:40.980]  but when you appear before a magistrate there's only one thing a magistrate can do actually there's two things
[01:45:40.980 --> 01:45:43.980]  a magistrate can marry people
[01:45:43.980 --> 01:45:47.980]  and that's just so they can make them a little money in between
[01:45:47.980 --> 01:45:51.980]  the times when they're doing what they're really there for
[01:45:51.980 --> 01:45:58.980]  find probable cause hold an examining trial that's all they can do
[01:45:58.980 --> 01:46:00.980]  their only duty
[01:46:00.980 --> 01:46:03.980]  so when i present the
[01:46:03.980 --> 01:46:06.980]  judge with a criminal complaint
[01:46:06.980 --> 01:46:10.980]  now he stops being a judge and becomes a magistrate
[01:46:10.980 --> 01:46:12.980]  well this guy was a
[01:46:12.980 --> 01:46:20.980]  two-bit municipal judge i doubt that he was learning counsel and he had no idea that i turned him into a magistrate
[01:46:20.980 --> 01:46:23.980]  he has now
[01:46:23.980 --> 01:46:25.980]  we all need to start doing that
[01:46:25.980 --> 01:46:28.980]  that is a hoot
[01:46:28.980 --> 01:46:33.980]  i asked the city marshal to arrest the judge
[01:46:33.980 --> 01:46:37.980]  i can't arrest a judge you know when i left there
[01:46:37.980 --> 01:46:40.980]  when the judge refused to take the complaints
[01:46:40.980 --> 01:46:41.980]  and
[01:46:41.980 --> 01:46:47.980]  when i was finished with the judge i pointed at the marshal you you need to come with me or get me another marshal outside
[01:46:47.980 --> 01:46:52.980]  so he comes outside what can i do for you go and arrest that judge
[01:46:52.980 --> 01:46:56.980]  i can't arrest a judge sure you can just go in there and throw the cuss on him
[01:46:56.980 --> 01:46:58.980]  drag him off to jail just like you would me
[01:46:58.980 --> 01:47:03.980]  and now i got the marshal doing this little chicken dance
[01:47:03.980 --> 01:47:08.980]  he runs and talks to his supervisors and comes back and the supervisors say well you'll have to go to the police department
[01:47:08.980 --> 01:47:11.980]  i said no you're a certified police officer i'm right here
[01:47:11.980 --> 01:47:13.980]  i want you to do it
[01:47:13.980 --> 01:47:16.980]  no mr kelton i'm not going to arrest the judge
[01:47:16.980 --> 01:47:18.980]  i said come on officer wood
[01:47:18.980 --> 01:47:20.980]  take off your chicken suit
[01:47:20.980 --> 01:47:27.980]  this will be a fun it'll give you something interesting too man i take off my chicken suit
[01:47:27.980 --> 01:47:32.980]  but they don't forget those things and that's my whole point
[01:47:32.980 --> 01:47:35.980]  there's a lot you can do with tickets tickets are great to fight
[01:47:35.980 --> 01:47:38.980]  cheapest legal education you ever get
[01:47:38.980 --> 01:47:42.980]  well this one where just that i agreed to appear
[01:47:42.980 --> 01:47:44.980]  but not to plea
[01:47:44.980 --> 01:47:46.980]  there's nothing in there says that i'm going to plea
[01:47:46.980 --> 01:47:48.980]  right
[01:47:48.980 --> 01:47:55.980]  so on this one ticket on these minor courts that just they're not worded in this other way that may be against the law anyway
[01:47:55.980 --> 01:47:59.980]  but this one says hey i'll appear it doesn't even say that it says you make
[01:47:59.980 --> 01:48:05.980]  i promise to contact or appear in this court on or before the day
[01:48:05.980 --> 01:48:07.980]  so i could call him on the phone say i'm contacting you
[01:48:07.980 --> 01:48:10.980]  so here's what i suggest you do
[01:48:10.980 --> 01:48:18.980]  go down there and uh like friday evening at four thirty
[01:48:18.980 --> 01:48:21.980]  the judge is history he is out of there
[01:48:21.980 --> 01:48:24.980]  you make sure the judge is not there
[01:48:24.980 --> 01:48:29.980]  and tell him you're here to see a magistrate
[01:48:29.980 --> 01:48:31.980]  and they're going to ask you how you plea
[01:48:31.980 --> 01:48:34.980]  are you the magistrate
[01:48:34.980 --> 01:48:37.980]  well no i'm the court clerk i want to see a magistrate
[01:48:37.980 --> 01:48:38.980]  uh huh
[01:48:38.980 --> 01:48:41.980]  well the judge is not here get him
[01:48:41.980 --> 01:48:43.980]  and they won't get him
[01:48:43.980 --> 01:48:49.980]  now you can file against the now when you file against the police officer
[01:48:49.980 --> 01:48:52.980]  you can show that it was his intent
[01:48:52.980 --> 01:48:59.980]  not to have you appear before a magistrate and that he acted in concert in collusion with the city
[01:48:59.980 --> 01:49:04.980]  to toward official oppression which is a class a misdemeanor
[01:49:04.980 --> 01:49:06.980]  that's what i charged the officer with
[01:49:06.980 --> 01:49:09.980]  you see because those statutes i was reading
[01:49:09.980 --> 01:49:14.980]  five forty three point double oh five six and seven
[01:49:14.980 --> 01:49:16.980]  double oh eight
[01:49:16.980 --> 01:49:17.980]  says
[01:49:17.980 --> 01:49:19.980]  if an officer
[01:49:19.980 --> 01:49:26.980]  violates a provision of five double oh five through five double oh five forty three double oh seven
[01:49:26.980 --> 01:49:33.980]  he is guilty of misconduct and subject to removal from office
[01:49:33.980 --> 01:49:37.980]  i've never seen that in a statute before
[01:49:37.980 --> 01:49:40.980]  so i filed official misconduct
[01:49:40.980 --> 01:49:45.980]  and since his official misconduct had the effect of denying me in a right
[01:49:45.980 --> 01:49:51.980]  i moved it to official oppression thirty nine point oh three penal codes class a misdemeanor
[01:49:51.980 --> 01:49:55.980]  and that's because the way the ticket is is uh... worded is how you're going to appear
[01:49:55.980 --> 01:49:56.980]  exactly
[01:49:56.980 --> 01:50:01.980]  because it it's a it's not uh... correct to the statute
[01:50:01.980 --> 01:50:04.980]  right right in clear violation of this
[01:50:04.980 --> 01:50:08.980]  clear stipulation of the statute right there the ones in violation of the law
[01:50:08.980 --> 01:50:11.980]  it doesn't matter whether you were speeding or whatever that they claim your
[01:50:11.980 --> 01:50:12.980]  traffic infringement is
[01:50:12.980 --> 01:50:15.980]  and randy i don't know if you have a call page pull up we
[01:50:15.980 --> 01:50:18.980]  we've got like seven minutes left we have three callers okay okay
[01:50:18.980 --> 01:50:19.980]  we better move along
[01:50:19.980 --> 01:50:24.980]  i just i just i just hate that when people sit on hold for two hours and then we don't take their call
[01:50:24.980 --> 01:50:26.980]  alrighty well thanks a lot of y'all
[01:50:26.980 --> 01:50:27.980]  but that's george from texas he likes to read
[01:50:27.980 --> 01:50:31.980]  well there's other people on hold besides george and it may be a different george anyway
[01:50:31.980 --> 01:50:33.980]  so we really need to be considerate
[01:50:33.980 --> 01:50:34.980]  is the point
[01:50:34.980 --> 01:50:35.980]  i want to hear what they have to say
[01:50:35.980 --> 01:50:36.980]  okay thank you will
[01:50:36.980 --> 01:50:37.980]  take care
[01:50:37.980 --> 01:50:38.980]  okay
[01:50:38.980 --> 01:50:42.980]  alright we're going to go now to jerry in orlando i believe that's jerry in orlando
[01:50:42.980 --> 01:50:47.980]  is this jerry in orlando
[01:50:47.980 --> 01:50:50.980]  hello
[01:50:50.980 --> 01:50:55.980]  uh... is someone there it sounds like maybe he may have uh...
[01:50:55.980 --> 01:51:00.980]  dropped off the line or something so so one moment we're going to go to another
[01:51:00.980 --> 01:51:01.980]  caller here
[01:51:01.980 --> 01:51:04.980]  we're having a little bit of difficulty with the phone bridge i'm having to
[01:51:04.980 --> 01:51:05.980]  transfer people
[01:51:05.980 --> 01:51:10.980]  around so just give me one second listeners
[01:51:10.980 --> 01:51:12.980]  alright we have eddie
[01:51:12.980 --> 01:51:14.980]  from texas
[01:51:14.980 --> 01:51:17.980]  eddie thanks for calling in hey what's on your mind tonight
[01:51:17.980 --> 01:51:21.980]  uh... well i've actually called him before and there's a couple things i wanted to bring up with randy again
[01:51:21.980 --> 01:51:25.980]  uh... randy you're talking to that guy i want to go about uh... there being uh...
[01:51:25.980 --> 01:51:28.980]  no requirement for a visiting judge to have an oath
[01:51:28.980 --> 01:51:32.980]  there's actually a case in the texas appellate court from nineteen ninety nine
[01:51:32.980 --> 01:51:36.980]  that was reaffirmed in two thousand eight that says all visiting judges must
[01:51:36.980 --> 01:51:38.980]  take the oath of office
[01:51:38.980 --> 01:51:41.980]  for the place where they're presiding
[01:51:41.980 --> 01:51:43.980]  it'd be interesting uh... i wasn't free
[01:51:43.980 --> 01:51:45.980]  bail bonds versus the state of texas
[01:51:45.980 --> 01:51:48.980]  okay but if he already has a
[01:51:48.980 --> 01:51:51.980]  oath of office in texas
[01:51:51.980 --> 01:51:54.980]  does he have to have an oath of office
[01:51:54.980 --> 01:51:57.980]  for each specific court that he sits in
[01:51:57.980 --> 01:51:59.980]  or does he have to have it for the state
[01:51:59.980 --> 01:52:03.980]  in the case of a county based court he would have to because the record of the oath
[01:52:03.980 --> 01:52:08.980]  in any of those positions has to be maintained with all the other official records of the
[01:52:08.980 --> 01:52:09.980]  positions
[01:52:09.980 --> 01:52:10.980]  yeah well see
[01:52:10.980 --> 01:52:13.980]  the reason i was
[01:52:13.980 --> 01:52:16.980]  a little reluctant to say yes or no
[01:52:16.980 --> 01:52:19.980]  i understand that the clerk of the court
[01:52:19.980 --> 01:52:24.980]  keep the district court keeps one of the oaths
[01:52:24.980 --> 01:52:30.980]  but that doesn't mean that a judge who has an oath in another county
[01:52:30.980 --> 01:52:32.980]  can't
[01:52:32.980 --> 01:52:35.980]  preside over a case in this county or
[01:52:35.980 --> 01:52:37.980]  in the case of a municipal court
[01:52:37.980 --> 01:52:42.980]  you know he would have to have it within the county because that's the only place his jurisdiction exists
[01:52:42.980 --> 01:52:45.980]  exactly and that would be the same thing in the JP court
[01:52:45.980 --> 01:52:50.980]  yeah JP and municipal both under chapter 45
[01:52:50.980 --> 01:52:57.980]  so they're both under the same rule so yeah he only has jurisdiction within the county so it would have to be
[01:52:57.980 --> 01:52:59.980]  yes within the county
[01:52:59.980 --> 01:53:02.980]  but see the thing i wasn't certain of
[01:53:02.980 --> 01:53:05.980]  is does he swear an oath
[01:53:05.980 --> 01:53:09.980]  in the county or does he swear it in the state
[01:53:09.980 --> 01:53:16.980]  only the state officials are required to file with the secretary of state all other elected officials according to
[01:53:16.980 --> 01:53:20.980]  the code for oaths in the texas or the texas constitution
[01:53:20.980 --> 01:53:24.980]  says that the paperwork must be filed with the paperwork of the office
[01:53:24.980 --> 01:53:25.980]  oh good
[01:53:25.980 --> 01:53:28.980]  all those that are appointed by the state
[01:53:28.980 --> 01:53:33.980]  can go anywhere in the state the other ones are all required to have it filed at their local point of office
[01:53:33.980 --> 01:53:35.980]  oh wonderful
[01:53:35.980 --> 01:53:38.980]  and that's right in the texas constitution
[01:53:38.980 --> 01:53:41.980]  what
[01:53:41.980 --> 01:53:43.980]  we're at in the constitution
[01:53:43.980 --> 01:53:46.980]  article 5 dealing with the judicial
[01:53:46.980 --> 01:53:48.980]  article 5 ok i'll have to
[01:53:48.980 --> 01:53:51.980]  i need to look at that because that is a great thing
[01:53:51.980 --> 01:53:54.980]  because it leaves the judge without subject matter jurisdiction
[01:53:54.980 --> 01:53:55.980]  correct
[01:53:55.980 --> 01:54:00.980]  and everybody has just been filing a challenge to the jurisdiction
[01:54:00.980 --> 01:54:04.980]  i would rather file criminal charges against the judge
[01:54:04.980 --> 01:54:09.980]  and a petition for warrant removal
[01:54:09.980 --> 01:54:10.980]  from office
[01:54:10.980 --> 01:54:13.980]  rather than a challenge to the jurisdiction
[01:54:13.980 --> 01:54:14.980]  exactly
[01:54:14.980 --> 01:54:17.980]  it seems that's the more appropriate
[01:54:17.980 --> 01:54:20.980]  tact to take
[01:54:20.980 --> 01:54:23.980]  like a police officer
[01:54:23.980 --> 01:54:24.980]  if he
[01:54:24.980 --> 01:54:28.980]  wait a minute wait a minute hold on i hate to interrupt you guys we've got two other calls we've got two and a half minutes left
[01:54:28.980 --> 01:54:29.980]  ok
[01:54:29.980 --> 01:54:34.980]  ok so i know we love your stories randy but i want to be considerate so people have been waiting for two hours
[01:54:34.980 --> 01:54:35.980]  ok go ahead
[01:54:35.980 --> 01:54:42.980]  the other thing i've got to address for that particular randy is on the division of powers in article 2 of the texas constitution
[01:54:42.980 --> 01:54:46.980]  when a police officer issues a summons at a traffic stop
[01:54:46.980 --> 01:54:51.980]  that is a judicial office function only the court may issue a summons
[01:54:51.980 --> 01:54:53.980]  and that's what a notice to appear is
[01:54:53.980 --> 01:54:55.980]  there is a special statute
[01:54:55.980 --> 01:54:58.980]  for that specific thing
[01:54:58.980 --> 01:55:03.980]  ah but the problem is the special statute can't overrule the constitution
[01:55:03.980 --> 01:55:06.980]  yeah but it stands until it's challenged
[01:55:06.980 --> 01:55:10.980]  until it gets struck down yeah it stands until it gets struck down you can't just say that
[01:55:10.980 --> 01:55:18.980]  no person or collection of persons being one of these departments shall exercise any power properly attached to either of the others
[01:55:18.980 --> 01:55:19.980]  except
[01:55:19.980 --> 01:55:24.980]  in an instance hearing and expressly permitted and it's not expressly permitted
[01:55:24.980 --> 01:55:29.980]  i agree and this is an issue that's come up before
[01:55:29.980 --> 01:55:35.980]  right but it has to get struck down in court we can't just say well we don't need to bother with that because it's not constitutional
[01:55:35.980 --> 01:55:40.980]  oh i agree that's one of the things that i'm attacking in my case against the city
[01:55:40.980 --> 01:55:43.980]  alright listen listen i really want to get to this other caller
[01:55:43.980 --> 01:55:44.980]  yes ma'am
[01:55:44.980 --> 01:55:47.980]  ok so can you please call back in tomorrow eddie we'll have more time
[01:55:47.980 --> 01:55:48.980]  sure
[01:55:48.980 --> 01:55:51.980]  alright great thanks ok we're going to go now to aaron in texas
[01:55:51.980 --> 01:55:54.980]  aaron thanks for calling in what's on your mind tonight
[01:55:54.980 --> 01:56:04.980]  hello this is aaron this is about my from aaron from texas this is about my court case from last year in march that i had originally talked to rindi about once
[01:56:04.980 --> 01:56:17.980]  well i went to court today and um i apparently i lost the case there was no drive there was no insurance driving with no insurance
[01:56:17.980 --> 01:56:35.980]  and they wouldn't um the judge wasn't bonded the officer wasn't bonded i found that out too in the court case as well and uh they said that the only law that they that applies to them is statute law and no other law applies to them
[01:56:35.980 --> 01:56:37.980]  sue them
[01:56:37.980 --> 01:56:50.980]  if file a counter complaint in the in the in the civil i mean if file a counter complaint in the criminal a civil counter complaint in the criminal and we'll see if it applies to them
[01:56:50.980 --> 01:56:55.980]  uh one thing one thing to understand they'll lie like a dog to you
[01:56:55.980 --> 01:57:11.980]  that's what it sounds like and also they said that the court cases which i had a summary court cases of supreme court cases as far as the freedom of travel they threw that out and so forth like that's not surprising
[01:57:11.980 --> 01:57:32.980]  they wouldn't allow me to read from the uh the uniform uh bonding code no they won't they threw that out as well um it's just everything was you you have to you have to file other you have to file other documents and paperwork to get yourself in a legal position
[01:57:32.980 --> 01:57:46.980]  in order to use ucc arguments erin and that's not exactly our area of expertise joe edwards knows a little more about that than us maybe we could have joe on as a guest again but uh he's managed to successfully use ucc code in statutory court
[01:57:46.980 --> 01:58:00.980]  but yet you have to you have to go through proper channels and procedures and paperwork and these sorts of things you can't just walk in especially to a traffic court and demand that they hear you your ucc arguments it's not going to work
[01:58:00.980 --> 01:58:15.980]  you have to establish foundation yeah indeed and the traffic court's not going to let you anyway you need to file against the officers yeah i use traffic court to get charges against the the officers i'm not saying you shouldn't be able to use ucc you can
[01:58:15.980 --> 01:58:38.980]  and you should be able to and there are ways to but you have to you have to establish well like what randy singh foundation you have to go through proper certain filings of certain documents in order to get them to allow that in court alright listen we are going to the end of the show now i'm sorry george we'll get to you tomorrow we got four hours tomorrow i have other articles to read including one of my own
[01:58:38.980 --> 01:59:07.980]  which is published on the scholars for 9-eleven truth website uh 9-eleven scholars for 9-eleven truth dot org two years ago an expose on the man uh who i uh have a big problem with for a long time mr jonathan mosley out of florida i'm going to lay it all out tomorrow how he smashed my hero professor steven jones and got john roberts nominated to supreme court we'll be right back tomorrow
[01:59:07.980 --> 01:59:10.980]  night
[01:59:37.980 --> 01:59:41.980]  don't