[00:00.000 --> 00:09.040] In Britain, police patrols have been stepped up in Jewish neighborhoods following the [00:09.040 --> 00:13.200] most intense period of anti-Semitic incidents in decades. [00:13.200 --> 00:18.440] Reports have emerged of members of Britain's Jewish community fleeing the UK. [00:18.440 --> 00:22.960] Thousands of residents of the Mexican border city of Reynosa blocked roads to the U.S. [00:22.960 --> 00:28.320] Saturday to protest army operations against drug cartels, which they say put children [00:28.320 --> 00:30.360] and families at risk. [00:30.360 --> 00:35.240] Mexican President Felipe Calderon has sent thousands of soldiers and police to take on [00:35.240 --> 00:41.200] powerful drug traffickers, but the assaulters failed to curb violence, with more than 5,700 [00:41.200 --> 00:43.840] people murdered last year. [00:43.840 --> 00:49.240] In the U.S., military has been using Britain's atomic weapons factory, Aldermaston, for research [00:49.240 --> 00:52.040] into its own nuclear warhead program. [00:52.040 --> 00:56.760] Opposition MPs called for a full inquiry, warning the deal breached international law [00:56.760 --> 01:06.360] and meant British taxpayers were subsidizing America's nuclear program. [01:06.360 --> 01:11.880] Jefferson Data Plan, a subsidiary of Boeing, is facing a lawsuit involving the kidnapping [01:11.880 --> 01:13.280] of five men. [01:13.280 --> 01:18.960] The lawsuit claims Jefferson violated international human rights law by aiding in the extraordinary [01:18.960 --> 01:23.120] rendition of the men to overseas prisons where they were tortured. [01:23.120 --> 01:27.720] The five men are appealing an earlier ruling in which a U.S. district judge dismissed the [01:27.720 --> 01:33.280] 2007 lawsuit on the grounds the lawsuit concerned state secrets. [01:33.280 --> 01:37.560] Under the administration of former President George Bush, the Justice Department argued [01:37.560 --> 01:43.040] that confirming the existence of the rendition program could endanger national security. [01:43.040 --> 01:49.440] The ACLU contends in the appeal that the CIA program is no secret and the entire world [01:49.440 --> 01:51.120] already knows about it. [01:51.120 --> 01:57.000] ACLU attorney Ben Wisner said Friday this case presents the first test of the Obama [01:57.000 --> 02:03.520] administration's dedication to transparency and willingness to act on its condemnation [02:03.520 --> 02:11.360] of torture and rendition. [02:11.360 --> 02:16.920] U.S. Treasury Secretary Timothy Geithner Monday announced another taxpayer bailout for banks. [02:16.920 --> 02:20.880] The government's new plan will inject billions more taxpayer dollars into the country's [02:20.880 --> 02:25.080] troubled banks and rein in their toxic assets. [02:25.080 --> 02:29.640] Critics say market fat cats are looking at the handout as the key to steering the global [02:29.640 --> 02:34.040] economy out of its deepest recession since World War II. [02:34.040 --> 02:40.160] This is in addition to Barack Obama's $820 billion fiscal stimulus plan, which critics [02:40.160 --> 02:43.680] say has largely turned out to be more tax cuts for the rich. [02:43.680 --> 02:49.920] The latest bank bailout plan, a revamping of the original $700 billion bailout plan approved [02:49.920 --> 02:56.360] by Congress and George Bush's Treasury Secretary Henry Paulson, will stop short of creating [02:56.360 --> 03:23.240] a so-called bad bank. [03:27.360 --> 03:30.360] Bad boys, bad boys, whatcha gonna do? [03:30.360 --> 03:32.360] Whatcha gonna do when they come for you? [03:32.360 --> 03:35.360] Bad boys, bad boys, whatcha gonna do? [03:35.360 --> 03:38.360] Whatcha gonna do when they come for you? [03:38.360 --> 03:43.360] When you were eight and you had bad dreams, you'd go to school and learn the golden rules. [03:43.360 --> 03:46.360] So why are you acting like a bloody fool? [03:46.360 --> 03:49.360] If you get up and your mouth gets cool. [03:49.360 --> 03:52.360] Bad boys, bad boys, whatcha gonna do? [03:52.360 --> 03:54.360] Whatcha gonna do when they come for you? [03:54.360 --> 03:57.360] Bad boys, bad boys, whatcha gonna do? [03:57.360 --> 04:00.360] Whatcha gonna do when they come for you? [04:00.360 --> 04:03.360] You chuck it on that one, you chuck it on this one. [04:03.360 --> 04:06.360] You chuck it on your mother and you chuck it on your father. [04:06.360 --> 04:09.360] You chuck it on your brother and you chuck it on your sister. [04:09.360 --> 04:11.360] You chuck it on that one and you chuck it on me. [04:11.360 --> 04:14.360] Bad boys, bad boys, whatcha gonna do? [04:14.360 --> 04:16.360] Whatcha gonna do when they come for you? [04:16.360 --> 04:19.360] Bad boys, bad boys, whatcha gonna do? [04:19.360 --> 04:22.360] Whatcha gonna do when they come for you? [04:52.360 --> 05:02.320] Bad boys, what are you going to do when they come for you? [05:02.320 --> 05:05.400] Randy Kelton and Deborah Stevens. [05:05.400 --> 05:07.120] All right. [05:07.120 --> 05:08.120] We are back. [05:08.120 --> 05:14.040] It's Monday, February 9th, February 9th edition of the Rule of Law on Rule of Law Radio. [05:14.040 --> 05:20.720] And yes, I wanted to also answer Melissa from Texas, her question a little while ago on [05:20.720 --> 05:27.560] the Jurisdictionary Show, yes, actually the Jurisdictionary Show is carried on Rule of [05:27.560 --> 05:28.560] Law Radio Network. [05:28.560 --> 05:30.640] Actually, we produce that show. [05:30.640 --> 05:35.360] He's with our network, Rule of Law Radio Network. [05:35.360 --> 05:38.160] Randy and I have founded our own network now. [05:38.160 --> 05:40.200] We carry many shows at this point. [05:40.200 --> 05:42.060] We're going to be adding more. [05:42.060 --> 05:46.840] We have Jurisdictionary on Mondays at 6 p.m., Mondays from 6 to 8. [05:46.840 --> 05:50.880] We've got the INN World Report, INN World Report Radio. [05:50.880 --> 05:56.840] We carry his show, Tom Kiley, from 6 to 8 on Tuesdays and Thursday nights, Solutions [05:56.840 --> 06:00.360] and Criminal Law, Tony Davis. [06:00.360 --> 06:06.120] We produce his show 8 to 10 Tuesday nights, Radio Free Oklahoma. [06:06.120 --> 06:15.440] We produce them Wednesday nights 8 to 10 p.m. and also Agenda 21, Greg Chapman and Don Terry, [06:15.440 --> 06:18.720] our newest hosts, they're on Fridays from 6 to 8. [06:18.720 --> 06:21.080] We are not just a radio show anymore. [06:21.080 --> 06:27.200] We are a network and we produce many shows and Jurisdictionary is one of our shows. [06:27.200 --> 06:32.720] Maybe Frederick may not have announced that on his show, but yes, he's on my network. [06:32.720 --> 06:35.160] He's on our network, me and Randy's. [06:35.160 --> 06:37.200] I just want to let you guys know that. [06:37.200 --> 06:42.160] Everyone out there, things that you may hear on the micros, just look them up and we've [06:42.160 --> 06:47.960] got them all on our network. [06:47.960 --> 06:50.480] In the meantime, we've got Randy Kelton. [06:50.480 --> 06:55.920] He's on the collar bridge right now because he wasn't in a place where he could get online. [06:55.920 --> 07:02.640] He's out of town right now dealing with some bad boys, as it were, dealing with some very [07:02.640 --> 07:10.880] bad boys who seem to like to beat up on women, these rogue cops in Las Vegas. [07:10.880 --> 07:14.440] We'll be hearing more about that in just a few moments, but Randy wanted to go ahead [07:14.440 --> 07:16.360] and start in with some callers first. [07:16.360 --> 07:18.040] We've got Amy from Alabama. [07:18.040 --> 07:20.080] Hey, Amy, thanks for calling in. [07:20.080 --> 07:21.080] What's on your mind tonight? [07:21.080 --> 07:28.200] Hi, I was just calling to tell you the story of what happened to my stepson and to show [07:28.200 --> 07:31.640] people that anybody can do this. [07:31.640 --> 07:38.760] He was arrested for a traffic ticket in Texas and his mother, who has not listened to any [07:38.760 --> 07:43.960] of anything about what's going on. [07:43.960 --> 07:48.760] She kind of lives blindly in the world and doesn't know how to handle herself in any [07:48.760 --> 07:52.480] of this. [07:52.480 --> 07:55.720] We're here in Alabama, so we couldn't help him. [07:55.720 --> 08:01.240] My husband called up his mother and told him that she needed to go down and get a writ [08:01.240 --> 08:02.240] of habeas. [08:02.240 --> 08:06.560] He mailed her the form so she could fill it out. [08:06.560 --> 08:11.800] Wait a minute, Amy, Amy, why was he in jail? [08:11.800 --> 08:19.920] For a traffic ticket, for a traffic ticket where there's no jailable offense. [08:19.920 --> 08:27.440] His mother took the writ of habeas and ran around the courtroom trying to find a judge [08:27.440 --> 08:30.960] who would listen to the writ of habeas and they were all hiding from her. [08:30.960 --> 08:36.440] She kept running around, they got so tired of her being there running around them hiding [08:36.440 --> 08:40.080] that one of them said, okay, we'll see her. [08:40.080 --> 08:48.080] Well, he nonchalantly, he kind of hinted towards the secretary to say that she could go down [08:48.080 --> 08:56.400] and if she could get her son to sign that, that he would have the writ of habeas, he [08:56.400 --> 08:59.400] would have the hearing. [08:59.400 --> 09:01.720] She said okay. [09:01.720 --> 09:05.880] She didn't want to go, she was afraid to go down to the sheriff's office, but after [09:05.880 --> 09:10.520] coaxing and telling her, just go down there and tell them that the judge wanted the paper [09:10.520 --> 09:15.640] signed and she goes, well, go down and say the secretary said to have it signed. [09:15.640 --> 09:23.520] So she went down there and told the court, I mean told the jailers that she had to have [09:23.520 --> 09:29.000] her, that the court said that the son needed to sign the writ of habeas. [09:29.000 --> 09:38.000] So they let her, they even let him come out and see her to sign it. [09:38.000 --> 09:44.920] So she signed the paper and it wasn't even, it was that evening they kicked him out and [09:44.920 --> 09:51.240] they told him that they kicked him out because there was so many drunks coming in as a Friday [09:51.240 --> 09:56.440] night, but they kicked him out because they signed the writ of habeas and they knew what [09:56.440 --> 10:01.720] was coming up and they didn't want to have a court date to see, to talk to him. [10:01.720 --> 10:05.720] So it just goes to show you, here's this woman, she's full of fear, didn't know what was going [10:05.720 --> 10:12.440] on and after a little coaxing and explaining it to her and explaining the process and how [10:12.440 --> 10:19.480] they're holding illegally, she managed herself as a pleading mother to go down and present [10:19.480 --> 10:23.640] the writ of habeas and he got out. [10:23.640 --> 10:28.440] So, what, where was he in jail at? [10:28.440 --> 10:31.320] It was in Hurst, Texas. [10:31.320 --> 10:32.320] Where? [10:32.320 --> 10:33.320] Hurst, Texas. [10:33.320 --> 10:42.440] Oh Hurst, oh okay, okay, one of the, for those who don't know, that's mid-city between Dallas [10:42.440 --> 10:52.280] and Fort Worth, it's wonderful, we're beginning to get, we're beginning to get better results [10:52.280 --> 10:54.400] everywhere. [10:54.400 --> 11:01.280] It seems that the different jurisdictions may be talking to each other because we're [11:01.280 --> 11:03.000] getting much better response. [11:03.000 --> 11:08.160] Yeah, well if we did that out here, they're really ignorant and nobody's really done that [11:08.160 --> 11:13.760] to them yet in Alabama, so we're working on getting people to do that more and more so [11:13.760 --> 11:19.800] to open their eyes because they aren't trying to be mean, they're just ignorant or they [11:19.800 --> 11:22.720] think they can get away with it. [11:22.720 --> 11:23.720] Exactly. [11:23.720 --> 11:31.520] Amy was with me one time when we went and had a little chat with a sergeant on the Richardson [11:31.520 --> 11:32.520] Police Department. [11:32.520 --> 11:34.520] Do you remember that, Amy? [11:34.520 --> 11:44.520] Yeah, I do, that was really good, that was really amazing to watch these people, like. [11:44.520 --> 11:52.960] I had filed criminal charges against a, the judge with the church department, with the [11:52.960 --> 11:58.320] Richardson Police Department, I filed it with a lieutenant, it had been a long time before [11:58.320 --> 12:06.480] that so we, Amy was in town and we were looking at some issues in Richardson, so I went by [12:06.480 --> 12:13.760] the police department and asked for this lieutenant, he wasn't there so the sergeant came out and [12:13.760 --> 12:20.120] I asked the sergeant about this criminal complaint I had filed and asked them what they did with [12:20.120 --> 12:27.520] it and the sergeant said, well, the lieutenant gave it to the prosecuting attorney. [12:27.520 --> 12:34.440] I said, sergeant, tell me he didn't give it to the municipal attorney for the municipal [12:34.440 --> 12:35.440] court. [12:35.440 --> 12:37.440] Well, yes he did. [12:37.440 --> 12:44.400] Sergeant, I want you to take my criminal complaint against the lieutenant. [12:44.400 --> 12:46.520] That was a hoot. [12:46.520 --> 12:56.080] Sergeant, sergeant really wanted to get upset at me, but he was afraid to. [12:56.080 --> 12:59.680] He said he wasn't sure if he could take a complaint or not and I assured him that he [12:59.680 --> 13:07.400] could, I took out my blank criminal complaints and wrote one out, here, verify this and he [13:07.400 --> 13:12.360] said, well, I don't know if I, he said, I really don't want to verify it. [13:12.360 --> 13:16.040] Sergeant, are you refusing to take a criminal complaint? [13:16.040 --> 13:19.640] Oh no, no, no, I didn't say that. [13:19.640 --> 13:27.240] We have someone here who does all of our notary for us, that'll work, so I got it notarized [13:27.240 --> 13:34.840] and gave it to the sergeant and I just haven't had time to go back after the sergeant, but [13:34.840 --> 13:37.840] it sure was fun making him squirm. [13:37.840 --> 13:40.840] Yeah, he was squirming. [13:40.840 --> 13:47.000] Well, with all this, go learn. [13:47.000 --> 13:50.360] Thank you for calling, Amy, and I'm glad you're getting results. [13:50.360 --> 13:53.400] Yeah, thank you, Randy. [13:53.400 --> 13:54.400] Bye. [13:54.400 --> 13:55.400] Debbie there? [13:55.400 --> 13:56.400] All right, excellent, yes. [13:56.400 --> 13:57.400] Oh. [13:57.400 --> 13:58.400] Should we bring up Robert in Ohio? [13:58.400 --> 13:59.400] Yes. [13:59.400 --> 14:00.400] All right, here we go. [14:00.400 --> 14:08.560] All right, we got Robert in Ohio, thanks for calling in, Robert, what's on your mind [14:08.560 --> 14:09.560] tonight? [14:09.560 --> 14:16.120] Well, actually, my brother just recommended me to you guys, give much props to him, Dan [14:16.120 --> 14:18.120] Hershberger in Austin, Texas, right now. [14:18.120 --> 14:24.880] He told me to call in because I'm actually having a kind of a difficult situation. [14:24.880 --> 14:31.800] I was actually running in a vehicle with my friend and the Portage County Police pulled [14:31.800 --> 14:36.480] me over, the Kent Police Department in Ohio, pulled me over or pulled us over. [14:36.480 --> 14:44.640] He was driving because I don't have a license, but my friend actually had plenty of previous [14:44.640 --> 14:52.640] felonies on his record and, well, they decided to pull us out of the car and they searched [14:52.640 --> 14:57.920] the car and they found some Adderall that was in the car from somebody else. [14:57.920 --> 15:03.040] I don't know whose they were, but the thing was we just got done smoking a little bit [15:03.040 --> 15:10.040] of marijuana and I was nervous because I don't really have much of a record, but I was just [15:10.040 --> 15:17.240] wondering what can I do because they're trying to get me on a felony five charge now for [15:17.240 --> 15:24.800] these, you know, they got me on an aggravated drug possession charge and okay, this is what [15:24.800 --> 15:25.800] they're doing. [15:25.800 --> 15:34.400] They're trying to frighten you, it is very clear and very well settled in the law that [15:34.400 --> 15:43.520] a passenger in an automobile doesn't have a duty to know everything that's in the automobile [15:43.520 --> 15:47.280] unless it belongs to him. [15:47.280 --> 15:57.560] This was not your automobile, you were a passenger and they would have to find the drugs on your [15:57.560 --> 16:02.320] possession, in your possession to charge you. [16:02.320 --> 16:09.320] Now here's the deal how it works in the real world, they can charge you with anything they [16:09.320 --> 16:19.920] want to and you have to fight it and up until this point no one's gone after the officer [16:19.920 --> 16:22.960] himself when he files a bogus charge. [16:22.960 --> 16:28.360] This is a charge that they know full well is unfounded. [16:28.360 --> 16:35.920] So it doesn't even matter if they're out of jurisdiction, because they put us up in [16:35.920 --> 16:39.840] the county and they were actually the camp police department. [16:39.840 --> 16:44.080] Okay, listen, we're going to break, we need to hold you over to the other side, okay Robert? [16:44.080 --> 16:45.080] Alright. [16:45.080 --> 16:58.800] Okay, we'll be right back. [16:58.800 --> 17:02.520] Are you looking for an investment that has no stock market risk? [17:02.520 --> 17:06.080] Has a 100% track record of returning profits? 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[17:56.120 --> 18:02.880] Sleepwellinvestment.com or call 817-975-2431. [18:26.120 --> 18:42.960] I've got to believe my heart, I've got to believe my ears, I've got to believe my heart, [18:42.960 --> 18:57.160] I've got to believe my hands, I've got to believe my hands, yeah, if I can't believe [18:57.160 --> 19:10.640] the newspapers, I've got to believe my heart, if I can't believe the radio, I've got to [19:10.640 --> 19:20.080] in this wilderness alone. Troubles you bring to me make me feel like strong. Just because you can't [19:20.080 --> 19:43.280] find belief in this reality. All right we are back the rule of law Randy Kelton and Debra Stevens [19:43.280 --> 19:57.800] and yes indeed Robert there's plenty of precedent in law to show that there is really nothing that [19:57.800 --> 20:07.160] they can do the passengers so go ahead Randy. You were saying just before the break that they [20:07.160 --> 20:14.920] were not in their jurisdiction. No they actually pulled us over right after the jurisdictional [20:14.920 --> 20:24.040] line which was in Summit County. How far? I mean immediately after? I would say a couple blocks [20:24.040 --> 20:31.680] not even maybe not even half a mile. That's enough they can do that. As a rule here in Texas they've [20:31.680 --> 20:43.400] got if they see you 400 yards outside the jurisdiction they have jurisdiction that far [20:43.400 --> 20:52.480] out directly. Say they're driving down a street that is the border and they see you across the [20:52.480 --> 20:58.240] street but then the other jurisdiction commit a crime. They have jurisdiction 400 yards in. Here [20:58.240 --> 21:05.240] in Texas it's going to be similar in other states the distance may vary somewhat. However if they [21:05.240 --> 21:15.840] follow you from their jurisdiction into another jurisdiction then they can stop you. If they're [21:15.840 --> 21:28.160] beyond the 400 yards or whatever the statutory limit is in Ohio and they arrest you. If [21:28.160 --> 21:33.880] they're within the 400 yards they can take you back to their county. If they're beyond the statutory [21:33.880 --> 21:42.880] limit then they have to take you to jail in the county where they arrested you. Okay. Okay [21:42.880 --> 21:49.840] jurisdiction you won't get. However what was the nature of the probable cause of stop? Actually [21:49.840 --> 21:57.080] the truck that I was riding in the rear lights didn't work. That's what gave them the reason [21:57.080 --> 22:02.240] to follow us in the first place. Okay they got probable cause for the stop. What gave [22:02.240 --> 22:09.360] them probable cause to search the vehicle? The driver of the vehicle actually had plenty [22:09.360 --> 22:17.520] of previous felony charges over his head so. Was he on probation? No actually he was he was [22:17.520 --> 22:23.880] clear of anything he already they don't have any yeah he was he was he had nothing to worry [22:23.880 --> 22:33.080] about. I mean he was a legitimate driver so. If he was clean then they have no they had [22:33.080 --> 22:41.440] no probable cause. Yeah I mean like I said I mean they they actually. Did they smell [22:41.440 --> 22:50.200] marijuana? No they did not smell no marijuana. Okay so they just searched the vehicle because [22:50.200 --> 23:01.640] he was a known felon. Yeah of his previous record yes. Not good enough. Can't do that. [23:01.640 --> 23:06.360] So they didn't have probable cause to search the vehicle did did they ask permission to [23:06.360 --> 23:12.840] search the vehicle? They did I mean they asked if there was any drugs or alcohol in the car [23:12.840 --> 23:17.560] and the driver said no and then they asked if they can search the vehicle and they were [23:17.560 --> 23:22.680] given permission in which they found an open container which he didn't realize he had in [23:22.680 --> 23:31.880] the car. Okay when you see this guy again. What's that? When you see this guy again slap [23:31.880 --> 23:45.120] him real hard up beside his head. Always tell them no do not search my vehicle and if they [23:45.120 --> 23:57.040] make any threats then pick out your own cell phone and dial 911. Okay. Because they have [23:57.040 --> 24:03.480] no authority they not only can they not search your vehicle they can't hold you while they [24:03.480 --> 24:09.920] get a warrant. If they don't have a warrant in their hand they can't hold you while they [24:09.920 --> 24:17.840] go get one. And I tell you calling 911 is a hoot. Shut this policeman out here doing [24:17.840 --> 24:25.400] this little song and dance and trying to press you in to give it up your rights the first [24:25.400 --> 24:31.800] thing you do is call the police on him. Alright and the police I get a hold of the police [24:31.800 --> 24:35.520] department I tell them I got this guy out here and he's committing all kinds of crimes [24:35.520 --> 24:42.120] I need you to send an officer out here to take a voluntary statement and take my criminal [24:42.120 --> 24:49.320] complaint against him. I always wind up getting one dispatched but not always my buddy but [24:49.320 --> 24:57.080] always get one. Now you got this policeman out here who is doing his little deal and [24:57.080 --> 25:03.520] you call and get a dispatch record of you calling asking for a policeman to protect [25:03.520 --> 25:13.920] you from this policeman. Now they got a problem. And then you try to get him to arrest this [25:13.920 --> 25:20.640] policeman well he's not going to do that but you insist and he's going to ask you why and [25:20.640 --> 25:27.640] now you have one policeman standing here watching you try to convince another policeman to arrest [25:27.640 --> 25:34.960] him and they find that most embarrassing and what they wind up doing especially if you [25:34.960 --> 25:41.320] keep your cool is they keep thinking you know what's going to happen when this gets in front [25:41.320 --> 25:47.440] of the judge or when I have to explain this to a prosecuting attorney he's going to want [25:47.440 --> 25:53.320] to know why a citizen called the police on me and I'm going to explain well I didn't [25:53.320 --> 25:59.880] do anything wrong and the prosecutor is not going to believe that. It makes them extremely [25:59.880 --> 26:03.480] nervous and extremely cautious. Now the first thing you figure they're probably going to [26:03.480 --> 26:14.840] do is try to get back at you for it. Now there are some things you can do that they'll try [26:14.840 --> 26:25.160] to get back at you for but when you go over their boss's head and start making complaints [26:25.160 --> 26:32.120] that have a tendency to go to the prosecuting attorney and judges it scares the crap out [26:32.120 --> 26:41.760] of these guys. The last thing they want is more of that. I assure you you don't know [26:41.760 --> 26:49.960] anyone who gives the police more grief than me. I will call 911 on them at the drop of [26:49.960 --> 27:00.560] a hat just for yucks. They really hate that but the problem is there's not anything they [27:00.560 --> 27:07.960] can do because once I call 911 on him if he looks cross-eyed at me I'll call the police. [27:07.960 --> 27:16.480] I accuse him of retaliation. See you have poisoned his well and he will know that you've [27:16.480 --> 27:23.160] poisoned his well and he will know that you know and he's most likely to tell every other [27:23.160 --> 27:30.560] policeman leave that no good sob alone because if another policeman stops me I'm going to [27:30.560 --> 27:44.160] choose that guy instead of him. Is there anything I can do because now they want me to do an [27:44.160 --> 27:50.880] ILC evaluation with this intervention of lieu of conviction. They want me to do that but [27:50.880 --> 28:02.160] I visited the nearest town hall rehabilitation center and asked their information. They said [28:02.160 --> 28:07.120] since I'm not really on anything and unless I fill a drug test basically I'm going to [28:07.120 --> 28:16.760] prison. What can I do about that? They're lying. They don't have anything on you. Understand [28:16.760 --> 28:26.040] it's legal for them to lie to you. The courts have said that under certain circumstances [28:26.040 --> 28:34.400] they can lie to you and this is one of them. They can lie like a dog. So when I talk to [28:34.400 --> 28:43.520] these people I always assume they're lying. Because the courts authorize them to lie it's [28:43.520 --> 28:51.480] prudent to always assume they're lying. Anything they say you assume it's not true and in this [28:51.480 --> 29:00.120] case it's not if they found no drugs on you personally. Oh one other question were the [29:00.120 --> 29:07.720] drugs in plain sight? No they were not. The drugs that they actually tried to convict [29:07.720 --> 29:15.720] me on were actually hidden in the passenger side door of the vehicle. Okay good enough. [29:15.720 --> 29:22.760] In a cigarette pack in a silver plant though. Okay so they cannot connect the drugs directly [29:22.760 --> 29:28.680] to you. Do they find your fingerprints on the cigarette pack? I have no idea. I smoked [29:28.680 --> 29:34.200] Marlboro's and they found it in an empty Marlboro pack but they also found many Marlboro packs [29:34.200 --> 29:40.000] in the vehicle. So that's not good enough. That's not good enough for probable cause. [29:40.000 --> 29:45.080] They have a probable cause. Okay listen we're going to break. Alright hang on the line we'll [29:45.080 --> 30:00.880] be right back. Thank you. Gold prices are at historic highs and with the recent pullback [30:00.880 --> 30:05.760] this is a great time to buy. With the value of the dollar, risks of inflation, geopolitical [30:05.760 --> 30:11.200] uncertainties and instability in world financial systems I see gold going up much higher. Hi [30:11.200 --> 30:15.560] I'm Tim Fry at Roberts and Roberts Brokerage. Everybody should have some of their assets [30:15.560 --> 30:20.520] in investment grade precious metals. At Roberts and Roberts brokerage you can buy gold, silver [30:20.520 --> 30:24.760] and platinum with confidence from a brokerage that specialized in the precious metals market [30:24.760 --> 30:30.320] since 1977. If you are new to precious metals we will happily provide you with the information [30:30.320 --> 30:35.380] you need to make an informed decision whether or not you choose to purchase from us. Also [30:35.380 --> 30:39.320] Roberts and Roberts brokerage values your privacy and will always advise you in the [30:39.320 --> 30:43.920] event that we would be required to report any transaction. If you have gold, silver [30:43.920 --> 30:51.520] or platinum you'd like to sell we can convert it for immediate payment. Call us at 800-874-9760. [30:51.520 --> 30:58.520] Here at Roberts and Roberts brokerage, 800-874-9760. [31:21.520 --> 31:40.840] All right we are back the rule of law, rule of law radio. This is our network ruleoflawradio.com. [31:40.840 --> 31:49.820] You can listen to our stream there and we are speaking now with Robert in Ohio. Okay [31:49.820 --> 32:00.400] please continue. Okay we were talking about police will lie to you and they're probable [32:00.400 --> 32:06.200] cause. What they will do, what they're going to want to do when they stop you or when they [32:06.200 --> 32:11.880] think they got a way to get at you, they're going to charge you with the most serious [32:11.880 --> 32:18.120] crime they could come up with. Oh exactly, exactly. And they don't care if they can get [32:18.120 --> 32:23.680] a conviction or not cause they're pretty sure if they put the squeeze on you and they squeeze [32:23.680 --> 32:29.880] on you long enough you'll knuckle under and roll over for them. Ninety-nine percent of [32:29.880 --> 32:36.040] people do. Yeah. But they, here they have a charge they absolutely know they cannot [32:36.040 --> 32:45.720] convict them. So if you hold out you don't lay down. At the very least if you fight them [32:45.720 --> 32:54.080] good and hard they will make you a whole lot better deal. But in this particular case if [32:54.080 --> 32:59.360] this is all the facts they have they have nothing. Alright cause I mean they did search [32:59.360 --> 33:07.320] me three times. Alright I admit I had not even a gram of marijuana hidden in my shoe [33:07.320 --> 33:12.840] towards the toe. Alright and well they searched me three times. They didn't find nothing on [33:12.840 --> 33:17.440] me. They still put me in the cuffs and put me in the car and when they took me downtown [33:17.440 --> 33:22.640] to the station you know that's when they made me take my shoe off, my shoes off and that's [33:22.640 --> 33:28.200] when they found less than a gram of marijuana on my possession. When I went to court the [33:28.200 --> 33:32.240] next day the judge dropped it immediately because they were more concerned about getting [33:32.240 --> 33:39.280] that felony five on me. Right and they searched you three times before they found it. No way. [33:39.280 --> 33:47.960] The judge moved. They put me in the car with I mean I rode in the cop car down to the station [33:47.960 --> 33:54.240] with the marijuana in my shoe. They didn't even find it. Okay okay no no no you're mistaken [33:54.240 --> 34:01.080] that's not what happened. What happened is you never had that marijuana at all they searched [34:01.080 --> 34:05.640] you three times. Yeah basically. And when they couldn't find any they took your shoes [34:05.640 --> 34:13.040] off and put something in your shoes. They searched you three times. Yeah. The judge [34:13.040 --> 34:20.040] knew full well, full well that there was no way they could get that marijuana past the [34:20.040 --> 34:28.280] jury. Because they searched you three times. Yeah. If they were competent police officers [34:28.280 --> 34:33.360] they would have found it the first time or at least the second time but why did they [34:33.360 --> 34:39.760] search you three times unless they were looking for a place to put it. That's why the judge [34:39.760 --> 34:47.960] dropped it because he knew that they couldn't use it. So they don't have that. That's probably [34:47.960 --> 34:51.120] why they dropped it because they knew they had nothing and they wanted to go for the [34:51.120 --> 34:55.960] more serious crime. Well they absolutely don't have more serious crime. Right. It's well [34:55.960 --> 35:03.320] established that you can't be charged with possession unless they can can directly connect [35:03.320 --> 35:10.520] you to the marijuana or the drug or whatever it was. The driver they can connect because [35:10.520 --> 35:17.800] he owns the vehicle. It's presumed that what's in the vehicle is his and is in his possession. [35:17.800 --> 35:20.280] That's what I always thought. That's what I always thought. Anything that was in the [35:20.280 --> 35:26.320] vehicle was automatically the driver's possession. Exactly. He could have just picked you up [35:26.320 --> 35:33.040] two blocks back to give you a lift. And had all that stuff on in the vehicle. And you [35:33.040 --> 35:41.680] have no duty to search his car before you get in it. Yeah. So reasonably they have no [35:41.680 --> 35:47.760] reasonable probable cause to attach you to the product and they know that. And if you [35:47.760 --> 35:56.240] tell them that you know that they know that, that this charge is a matter of aggravated [35:56.240 --> 36:07.840] perjury malicious prosecution and don't roll over for them, it's going to go away. The [36:07.840 --> 36:10.560] prosecutor is not going to get into court with something like that because he knows [36:10.560 --> 36:16.000] the court to pronounce. Unless they have an incredibly corrupt court where the prosecutor [36:16.000 --> 36:23.520] can do anything he wants and he doesn't have to care about law. That's a possibility. [36:23.520 --> 36:36.240] This is Ohio, man. Not too simple around here. Unfortunately, I hear that about every state. [36:36.240 --> 36:41.480] Everybody thinks their state is the most corrupt. And I'm really beginning to think there is [36:41.480 --> 36:48.760] no most corrupt state. They're all equally corrupt. During the time I get my license [36:48.760 --> 36:57.160] back, because I got actually pulled over two years, two years ago for my first DOI offense. [36:57.160 --> 37:04.680] And they took my license for two years and which caused me to lose my position in employment [37:04.680 --> 37:11.160] and was not able to pay child support. So therefore, since I'm backed up on child support [37:11.160 --> 37:15.880] now, because I can't drive nowhere, I get to depend on other people to drive me around. [37:15.880 --> 37:23.560] What was your first DOI? My very first DOI. I got two years of my license [37:23.560 --> 37:28.680] suspended in a six year jail sentence. How DOI were you? [37:31.960 --> 37:37.080] Well, after I made the deal, they dropped it down to a 1.75 or something like that. [37:37.080 --> 37:41.640] Oh, when they pulled you over, how DOI were you? [37:44.040 --> 37:48.200] Well, it was a 1.8 something. [37:48.200 --> 37:53.240] Oh, then you just barely. Is that standard for Ohio? [37:55.400 --> 38:00.600] I have no idea. I mean, I know here basically you can't even drink a beer and get behind [38:00.600 --> 38:05.240] the wheel because they'll get you a DOI. I mean, I was drinking a lot at the time. [38:05.240 --> 38:14.040] And, you know, I had a tolerance, so I was able to drink basically three 24 ounce cans [38:14.840 --> 38:19.480] of a certain beer. And it was nothing to me. And they pulled me over. [38:21.960 --> 38:28.040] You should probably be able to get an occupational license. [38:28.040 --> 38:36.440] A license that will allow you to drive to work and back. They normally do that. [38:37.080 --> 38:44.840] Because as long as that's your, if you hadn't had two or three DOIs after that, then no PIs, [38:44.840 --> 38:50.040] you know, anything to any drug, any alcohol related or drug related offense after that, [38:50.040 --> 38:52.840] you should be able to get an occupational license. [38:52.840 --> 38:58.600] All right. All right. Thank you. Look into that. I may take care of that problem. [38:59.560 --> 39:01.480] All right. I appreciate it. [39:02.040 --> 39:02.760] Okay. Thank you. [39:03.480 --> 39:04.040] All right. Thanks. [39:05.480 --> 39:05.980] Take care. [39:06.920 --> 39:12.600] Okay. Now we have Randy from Austin, our favorite caller. [39:16.280 --> 39:17.000] Randy, are you there? [39:17.000 --> 39:22.520] Randy, are you there? Can you pull him up? Randy? [39:23.240 --> 39:27.240] I got him pulled up. I've got him. He should be online. Randy, can you hear me? [39:27.240 --> 39:30.280] I hear y'all, but I don't think y'all can hear me. [39:30.280 --> 39:31.800] Okay. We can hear you now. Go ahead. [39:33.880 --> 39:39.880] I was just calling in. I'm getting ready to go to my hearing tomorrow. [39:39.880 --> 39:48.280] And I'd filed a, I'd sent you a copy of the motion to dismiss based on its fit. [39:48.280 --> 39:53.800] Beautiful. And they never bring it up. And they keep your bond. [39:55.080 --> 39:59.720] So they like it better because they get double the amount they would have if you didn't appeal. [40:00.760 --> 40:04.680] If you're, if you're challenging your, the jurisdiction of the court, [40:04.680 --> 40:06.680] they're going to ask you to post something? [40:06.680 --> 40:08.520] Double the amount of a fine. [40:10.760 --> 40:13.240] Well, it sounds like you file a criminal complaint of theft. [40:13.800 --> 40:16.040] I might try a real mandamus first. [40:18.760 --> 40:19.800] Is this traffic? [40:21.800 --> 40:23.800] It's just traffic. Yeah, it's real mandamus. [40:23.800 --> 40:26.520] It's still real mandamus to the county court. That's not an appeal. [40:30.040 --> 40:32.040] You can file the real mandamus anytime. [40:32.040 --> 40:40.040] But I thought I'd file, I had to file a writ of mandamus if they had were encumbering me [40:40.040 --> 40:44.040] or had me arrested. No, that's habeas corpus. [40:45.160 --> 40:52.360] Okay. It looks, it looked the same and they both fall under a chapter 52 rules of appellate [40:52.360 --> 41:01.160] procedure, but a writ of mandamus is a petition to ask the court to file a criminal complaint. [41:01.160 --> 41:07.640] The court to mandate that the lower court do what the law commands them to do. [41:11.080 --> 41:14.840] And if, if the law commands that they dismiss for lack of jurisdiction, [41:16.280 --> 41:19.720] an appeal is inappropriate here because they never had jurisdiction to start with. [41:20.440 --> 41:22.120] A writ of mandamus is appropriate. [41:24.440 --> 41:28.040] And then you don't have to post double the amount of fine and have them ignore it and [41:28.040 --> 41:32.120] just keep your money. Well, I thought if you, if you're [41:32.120 --> 41:38.200] challenging jurisdiction and they, and the court says, no, we have it. And you say I'm appealing [41:38.200 --> 41:42.600] that they have to go, that everything stops and it has to go and be heard. [41:45.160 --> 41:48.920] That's something for which you file an interlocutory appeal. [41:48.920 --> 41:57.560] So it wouldn't be a standard appeal. I'm not sure how an interlocutory appeal from a justice [41:57.560 --> 42:06.200] or municipal court would work. I don't know if you'd have to file an appeal bond because [42:06.200 --> 42:12.600] it's not an appeal after conviction. It's not interlocutory. So the, the case itself is still [42:12.600 --> 42:17.480] going on. You should have to pay post no bond to file an interlocutory appeal. [42:17.480 --> 42:22.360] Right. And that's, that's, that's kind of what I'm saying is, is that, you know, there's no [42:22.360 --> 42:26.760] jurisdiction. I mean, there's, there's the only stuff in the file is what I've created, [42:27.720 --> 42:31.480] except for their one, you know, I guess color of law letter. [42:32.760 --> 42:38.760] And I just don't see how they can keep proceeding. I guess they just figured they'll just run me over. [42:38.760 --> 42:41.960] But have you filed criminal charges against the judge yet? [42:41.960 --> 42:48.840] Have you filed criminal charges against the judge yet? No, I was going to go and just kind of see [42:48.840 --> 42:57.960] what they did and see, you know, basically just kind of get the feel for what, what, what it is, [42:58.600 --> 43:03.000] what they're wanting to try and do. But because my feeling is, is that I could file on the judge [43:03.000 --> 43:07.080] anytime I want, I can file on the prosecutor anytime I want. I mean, he's proceeding without [43:07.080 --> 43:15.720] anything except for that citation. And there's the insufficiency of service. You know, I mean, [43:15.720 --> 43:21.720] they didn't follow any of the statutes on service. You know, sheriff never came out, none of it issued [43:21.720 --> 43:28.200] from the court. The letter of notice to appear was not, you know, it doesn't qualify. And that's all [43:28.200 --> 43:35.960] in that, in that motion to dismiss that I sent you. And I haven't even got to subject matter [43:35.960 --> 43:44.760] jurisdiction, which they don't have either. Most of this is insufficiency of service. [43:46.040 --> 43:52.280] Right. I'm going, I'm going for, you know, look, you're not, you know, before, before I start [43:52.280 --> 43:56.840] finding them on the subject matter, I figured I'd find them on the fact that, you know, what do you, [43:56.840 --> 44:00.840] where's your jurisdiction to begin with? You don't have any. Yeah, subject matter. Yeah, [44:00.840 --> 44:05.000] that should be the very first thing. And if the judge attempts to exercise subject matter [44:05.000 --> 44:13.400] jurisdiction, all criminal charges against me. If I go out and rent a uniform at the uniform store [44:14.200 --> 44:20.280] and rent a badge, stick the badge on and get a bubblegum put on top of my car and pull you over, [44:21.480 --> 44:23.960] are you going to file a challenge to my jurisdiction? [44:25.960 --> 44:30.200] Are you going to file criminal charges for impersonating a public official? [44:30.200 --> 44:34.920] If he doesn't have subject matter jurisdiction, he's impersonating a public official. [44:36.440 --> 44:40.920] Well, I don't think they have, they don't have in persona nor subject matter. I mean, they have, [44:40.920 --> 44:45.240] they have none. You know, I don't know how the heck they proceed in these courts, to be honest with [44:45.240 --> 44:50.840] you. I just, after looking into this as much as I have, I'm just baffled that they can away with it. [44:50.840 --> 45:02.440] If you, if you live within the boundaries of the municipality, they have in persona. [45:03.640 --> 45:10.200] But not if they don't follow process. Well, that goes to subject matter. And all of this so far [45:10.200 --> 45:18.840] goes to subject matter. They have in persona if you're within the venue. Subject matter is the big [45:18.840 --> 45:28.360] deal. They got to get subject matter before they can even consider in persona. Well, they don't [45:28.360 --> 45:33.640] have anything that's best I can tell. And they've broken, I don't know how many statutes and rules. [45:35.160 --> 45:39.080] That's why you should be treating them just like the guy that goes out and rents the uniform. [45:40.200 --> 45:41.000] They're no different. [45:41.000 --> 45:46.040] They have no more authority than I would have if I went and rented a uniform and pulled you over. [45:48.200 --> 45:51.080] They're criminals. You should treat them as such. [45:51.080 --> 45:54.520] So, official oppression on the judge and the prosecutor? [45:54.520 --> 45:56.520] Impersonating the public official. [45:58.520 --> 46:02.520] And that's because they have no jurisdiction? [46:02.520 --> 46:06.920] Because in this case, they are not a public official. [46:06.920 --> 46:13.960] I mean, okay, the judge is a judge. Okay. So, say the municipal judge goes to Kansas [46:16.200 --> 46:23.240] and tells them, okay, Bubba, I'm the judge. Well, no, you're not. Okay, you may be a judge, [46:24.360 --> 46:30.280] but not here in this case at this time. You're not a judge because you don't have your jurisdiction [46:30.280 --> 46:37.080] here. Anytime he doesn't have a subject matter of jurisdiction, he's not a judge. He's just a person. [46:38.600 --> 46:41.240] And the same thing would hold for the prosecutor too? [46:41.240 --> 46:43.240] Absolutely. [46:43.240 --> 46:48.200] Now, do you go after his boss, the county attorney, and the individual? [46:49.240 --> 46:55.240] The county attorney is the... Okay, this is a JP court? [46:55.240 --> 47:00.360] Yeah, it's the county attorney's prosecutors, the one pushing it. [47:00.360 --> 47:06.360] Oh, yes. Go after the county attorney, respondent superior. [47:08.360 --> 47:15.240] And I was reading through causes of action today. There's a lot more that you can get for aiding [47:15.240 --> 47:24.760] and abetting. This also goes to contorts. Contorts were great. This is something I was reading [47:24.760 --> 47:32.200] earlier, but I'll talk about that later. Can we hold up on you for a minute? Randy, we've got [47:32.200 --> 47:35.240] Meta, and she's here calling in on a satellite file. [47:35.240 --> 47:39.800] Yeah, and Scott from Connecticut. And also, I have an announcement for you, Randy. [47:39.800 --> 47:45.640] She's here calling in on a satellite file. Yeah, and Scott from Connecticut. And also, I have an announcement to make. [47:47.000 --> 47:53.400] The internet was down over here at the studio for a minute or two, so that's why we lost the stream. [47:54.040 --> 47:56.840] For those of you out there listening on the stream, that's what happened. It has nothing to [47:56.840 --> 48:03.720] do with me or my equipment. The reason that these kinds of things happen, people, is because [48:03.720 --> 48:10.280] I'm on residential internet connection with Time Warner Cable. And when you have residential [48:10.280 --> 48:18.920] internet connection, they do not guarantee, under their terms of service, 100% uninterrupted [48:18.920 --> 48:26.200] continuous access to the internet, because they do maintenance. You may not have internet [48:26.200 --> 48:31.400] connection for a few seconds here and there. And for most people who just browse the internet [48:31.400 --> 48:35.560] or whatever, you never even notice it. You'll pull up a website, and you may lose your internet [48:35.560 --> 48:41.000] connection, and it'll be back before you even know it. In order to get continuous, 100% [48:41.000 --> 48:46.040] all the time, uninterrupted internet connection, you have to pay for business class service. [48:46.040 --> 48:50.600] And I just don't have the money to do that right now. So I'm sorry, listeners. That's what's going on. [48:50.600 --> 48:57.480] That's the way it is. I can't really do anything about it at this time. I can't ride on Time [48:57.480 --> 49:02.040] Warner about it, because they don't promise that under their terms of service. I know that they've [49:02.040 --> 49:08.760] been doing some internet maintenance in the area, and so that's probably what's going on. So if we [49:08.760 --> 49:14.440] lose the stream for a few seconds, just hang on. We'll get it back as soon as we can. Maybe after [49:14.440 --> 49:17.960] we start getting some more sponsors and things like that, I'll be able to upgrade to business [49:17.960 --> 49:25.080] class. Okay, so keeping that in mind, let's continue on with the show. We'll go to Meta, [49:25.080 --> 49:30.120] because she usually calls on a satellite phone. So let's see what's going on with Meta. [49:31.400 --> 49:38.360] Hey, Meta. Thanks for calling in. This is Pat. Meta's open. Okay, Pat, what's on your mind tonight? [49:39.400 --> 49:46.360] Well, a couple of different things. We got a very, very interesting letter in, to say the least, [49:46.360 --> 49:52.680] from the head of the local border patrol office here, because what started our whole [49:52.680 --> 49:59.480] whole scenario of things back in the end of October was the criminal activity of a couple [49:59.480 --> 50:07.160] of border patrol agents. Now, they are threatening me with arrest for interfering with their [50:08.680 --> 50:18.760] official duties by not allowing them on the property. They're putting Title 8, Section 352A, [50:18.760 --> 50:29.160] I believe, which, if they had jurisdiction within the state, might apply. But looking at state codes [50:30.200 --> 50:34.360] and all the jurisdictional stuff that Larry B. Craft has got out there, [50:36.680 --> 50:43.880] I really question that, but it's kind of an immaterial thing. What I was calling in to find out [50:43.880 --> 50:52.120] is if you or Randy knew somebody that was really up to speed on the federal side of the house, [50:53.080 --> 50:59.000] because I have a feeling that knowing the way that our federal friends react to [51:00.840 --> 51:08.040] property owners giving them negative feedback, it says, I will probably be sitting in a jet [51:08.040 --> 51:14.680] shackled going overseas to see if I can get you a water board here within about three to four weeks, [51:15.480 --> 51:26.680] whether I want it or not. Well, it's always been my opinion that the best defense is a good, [51:26.680 --> 51:34.360] aggressive offense. Well, I agree with you. So you might file against these, whoever sent you [51:34.360 --> 51:43.480] that letter, with the federal court charging him with retaliation. Because you have made [51:43.480 --> 51:49.640] criminal accusations against his officers, he's retaliating against you by threatening you with [51:49.640 --> 52:00.200] federal prosecution when he has no authority. Yeah, he has no authority, but... 18 U.S. Code 242, [52:00.200 --> 52:10.040] it would be the appropriate one to go for there. I was just doing some research yesterday, [52:10.040 --> 52:20.360] and I came across 18 U.S. Code 13. You should look at that one. What it says is, [52:21.160 --> 52:29.240] is if there's not a federal statute covering something specifically, and there is a state [52:29.240 --> 52:37.240] statute, you can use the state statute. Even in public court? [52:37.240 --> 52:38.680] Yes. I love that one. [52:39.400 --> 52:48.280] So if he's within the jurisdiction of the state, and it goes to hierarchy of law, if he's a fed [52:48.920 --> 52:54.200] within the jurisdictional boundaries of the state, because he's a fed, the federal law [52:54.200 --> 53:00.600] is the highest law. But if the federal statute doesn't specifically apply to something in [53:00.600 --> 53:07.080] particular, and a state statute does, you can use the state statute. [53:07.080 --> 53:20.760] Well, he's calling for his authority, Title 8 U.S. Code 352A, which has to do with [53:20.760 --> 53:26.440] search and seizure and arrest of illegal aliens within 25 miles of the border. [53:28.280 --> 53:33.160] But they weren't coming on to search or do anything for illegal aliens. They were looking [53:33.160 --> 53:38.600] for a backpack that may have contained a drug, close unquote. [53:43.800 --> 53:49.080] He's trying to use an alien, illegal alien statute in a drug investigation. [53:49.080 --> 53:50.440] Retaliation. Yeah. [53:56.280 --> 54:04.040] Good one to go after him for. Once you file against him, he is hamstrung. [54:06.920 --> 54:10.120] He tries to come after you now, and everything comes up retaliation. [54:10.120 --> 54:16.920] Sounds like a deal. When are you coming back to Austin? Thursday. [54:19.640 --> 54:25.080] Either matter, I would love to spend some time with you in Austin, if at all possible. [54:27.240 --> 54:33.960] I would like that. And now is a good time, because all the federal, all U.S. attorneys [54:33.960 --> 54:41.400] are concerned about their job. Now we take a disabled veteran being mistreated by these [54:41.400 --> 54:46.760] jackbooted dugs. And then when you try to do something about it, it becomes threatening you [54:46.760 --> 54:54.040] even more. We prepare a criminal complaint against the whoever sent that letter charging [54:54.040 --> 55:03.320] with retaliation. File it with a U.S. attorney with a demand under 18 U.S. Code 3332 that he [55:03.320 --> 55:11.000] presented to a grand jury. When he decides not to, then we run the routine on him. We charge him [55:11.000 --> 55:19.640] with violating 3332 with the district judge, ask the district judge to appoint an attorney pro tem [55:19.640 --> 55:29.080] to prosecute the prosecutor, and to impanel a special investigative grand jury to hear [55:29.080 --> 55:34.760] complaints against the prosecutor. The current grand jury is compromised from [55:37.080 --> 55:43.320] interaction with this district attorney, I mean this U.S. attorney. And when the judge refuses, [55:44.600 --> 55:50.600] I'm sorry, there's one more thing. You're petitioned for co-warrant or removal of the U.S. attorney. [55:50.600 --> 55:59.720] We make copies of all of this and send it to Obama, your U.S. senator and your state representatives, [56:00.280 --> 56:09.160] and your House of Representatives rep. Right. Make it political because every U.S. attorney has his [56:09.160 --> 56:18.440] resignation tendered right now. Well, it needs to get home. We have a special circumstance right now. [56:18.440 --> 56:25.480] We may actually get this U.S. attorney to call these guys on the carpet [56:26.840 --> 56:29.800] to keep the U.S. attorney from having to hassle with you. [56:32.680 --> 56:40.280] So this would be a hook. Yeah, when the judge doesn't do his thing, we take him to be... [56:40.280 --> 56:51.640] And you've got me on Skype right now on your list. Yes, I do. I got it. All right. Let me know. I [56:51.640 --> 56:59.000] cannot run Skype all the time because of our limited access on satellites. They're just busting me down [56:59.000 --> 57:06.120] real hard out here. Okay. If you send me a Skype message and I'm not there when I open Skype, [57:06.120 --> 57:12.600] it'll be there waiting for me. The same way with you. All right. We'll get together then [57:13.480 --> 57:21.240] at your convenience after we get back to Austin. I'll be back Thursday evening. All right. Listen, [57:21.240 --> 57:26.520] we're going to break. All right. Thank you. Okay. Thank you. Thank you very much. All right. [57:26.520 --> 57:30.680] We'll be back on the other side. This is the rule of law, Randy Kelton and Deborah Stevens. [57:30.680 --> 57:36.280] We'll be right back. [58:00.920 --> 58:06.200] Know what you should do for yourself. Thousands have won with our step-by-step course, [58:06.200 --> 58:13.400] and now you can too. Jurisdictionary was created by a licensed attorney with 22 years of case winning [58:13.400 --> 58:19.160] experience. Even if you're not in a lawsuit, you can learn what everyone should understand [58:19.160 --> 58:24.760] about the principles and practices that control our American courts. You'll receive our audio [58:24.760 --> 58:32.600] classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more. [58:32.600 --> 58:56.040] Please visit wtprn.com and click on the banner or call toll free 866-LAW-EZ. [59:02.600 --> 59:24.200] All right. We are back. The rule of law, Randy Kelton and Deborah Stevens. All right, [59:24.920 --> 59:30.440] Scott from Connecticut, please call back in. I'm sorry we made you wait so long. We generally [59:30.440 --> 59:35.560] try to take Metta and her husband, someone out of order because they generally are calling on a [59:35.560 --> 59:42.600] satellite phone, which costs about $2 to $5 a minute, I know, because I've had one. [59:43.160 --> 59:47.720] So please call back in and we'll bump you to the headline. In the meantime, we're going to go back [59:47.720 --> 59:54.440] to Randy in Texas. Randy Kelton had some other comments for Randy in Texas. So okay, go ahead. [59:54.440 --> 01:00:00.360] Yeah. Well, I was just, I think we were about through. Did you have any other questions or [01:00:00.360 --> 01:00:08.840] comments, Randy? Just about the mandamus part of it. I didn't think that that was something you [01:00:08.840 --> 01:00:14.840] used until you had appealed that, you know, lack of jurisdiction. [01:00:15.720 --> 01:00:21.560] No, a mandamus can be used at any time, especially when it goes to jurisdiction, [01:00:21.560 --> 01:00:27.560] subject matter jurisdiction, because it would stop all the proceedings. [01:00:29.320 --> 01:00:36.360] It's an instant remedy. If the court has no subject matter jurisdiction, you should not be [01:00:36.360 --> 01:00:45.400] subjected to a prosecution. Neither should the court expend the time and money to put on a [01:00:45.400 --> 01:00:51.560] prosecution. So mandamus will stop all that, save the court all this time and money. [01:00:54.840 --> 01:00:58.600] Go ahead. In this case, a mandamus is appropriate. [01:01:00.600 --> 01:01:05.080] Should I give them a note, you know, if they decide to say, no, we're not going to do that, [01:01:05.080 --> 01:01:09.960] give them a notice that I'm going to file this? No, just file it. [01:01:09.960 --> 01:01:17.400] And when you file it, I have to look at, no, I think it goes to district. [01:01:19.640 --> 01:01:28.760] I'm not sure. I'm not certain. I'll have to go back and reread chapter 52. Chapter 52 normally [01:01:28.760 --> 01:01:36.600] assumes that something for which you would file a written mandamus originates in a higher court. [01:01:36.600 --> 01:01:41.880] It seems, and I'm digging back in my memory, we have looked at this very issue before, and I forgot [01:01:41.880 --> 01:01:48.760] what the outcome was. It may well be, it would seem appropriate that the county court get the [01:01:48.760 --> 01:01:57.960] mandamus. But I'm not certain. You could certainly file it with the county court. If they're the [01:01:57.960 --> 01:02:06.920] county court, if they're the wrong ones, then they'll tell you. And that'll just stir the pot [01:02:06.920 --> 01:02:13.880] a little more. We can file a mandamus. And I should go ahead and file the criminal [01:02:13.880 --> 01:02:18.920] complaints too, just cross the board. Absolutely. Criminal complaints should be filed [01:02:18.920 --> 01:02:28.760] out of hand immediately. You have a duty. And the criminal complaint is just notifying the courts [01:02:28.760 --> 01:02:36.040] that you have reason to believe that people have committed criminal acts. You have a duty to report [01:02:36.040 --> 01:02:44.760] crime. And it's something separate from the action before the court. Criminal complaints, criminal [01:02:44.760 --> 01:02:50.280] actions are taken by the state against the individual. You have no standing in the prosecution. [01:02:51.160 --> 01:02:59.960] You only have a duty to notify, and then the court has standing to pursue. So anytime you see a crime [01:02:59.960 --> 01:03:07.720] being committed, you should report the crime. Now, would those be filed along with the mandamus [01:03:07.720 --> 01:03:12.360] in the same court? No, no, those should be filed with the district attorney. [01:03:12.360 --> 01:03:19.560] The district attorney. Okay. Or bushwhack a district judge or the bushwhack district judge [01:03:19.560 --> 01:03:25.000] with a criminal complaint. If you're in Travis County, go bushwhack Bob Perkins. [01:03:28.600 --> 01:03:33.320] Bob Perkins. He will remember what it's like to be bushwhacked with a criminal complaint. [01:03:33.320 --> 01:03:39.560] Okay. He's the head criminal district judge in Travis County. [01:03:41.240 --> 01:03:44.920] I've bushwhacked him with complaints against the district attorney. [01:03:46.600 --> 01:03:53.640] Worked him over pretty good. He told me, well, Mr. Garton, district judges in Travis County [01:03:53.640 --> 01:03:59.480] don't take criminal complaints. Oh, that's okay, judge. I'm not invoking your duty as the district [01:03:59.480 --> 01:04:04.920] judge. I'm invoking your duty as a magistrate, and that's a duty from which you may not shield [01:04:04.920 --> 01:04:12.760] yourself. Well, Mr. Culkin, you really need to take those to the justice of the peace. [01:04:12.760 --> 01:04:16.840] When I was justice to the peace, why, I took criminal complaints. The one I tried that judge, [01:04:17.400 --> 01:04:21.880] took a bowl of herb next door over here. He wouldn't take them because I had criminal [01:04:21.880 --> 01:04:30.520] charges against you in there. But then he already knew that. But he was kind of squirming. So if [01:04:30.520 --> 01:04:40.520] you take them to him, he clearly already knows. And all you got to do is just take the complaints, [01:04:40.520 --> 01:04:45.240] have them verified, make up a statement of probable cause, have it verified, [01:04:45.240 --> 01:04:51.320] go up to the, you know, put it in a folder, preferably a red folder, [01:04:53.400 --> 01:04:59.960] and walk up to the bar and motion for the bailiff. If you don't know who the bailiff is, [01:04:59.960 --> 01:05:05.880] ask somebody which of these people is the bailiff. Point at the bailiff and motion for him to come. [01:05:05.880 --> 01:05:15.800] They don't like that. But he will. And tell him, instruct the judge, I have business with the court. [01:05:17.960 --> 01:05:22.040] And he will almost invariably say, may I tell the judge the nature of the business? [01:05:23.320 --> 01:05:29.240] And I like to tell him, no, you may not. I have business with the court. It's none of yours. But [01:05:29.240 --> 01:05:35.000] if I really just want to get to the judge, I'll give him my folder and say, here, give him this. [01:05:36.520 --> 01:05:44.040] I had one bailiff start out, ah, ah, ah. What's in there is the judge's business, not yours. [01:05:45.080 --> 01:05:54.440] He closed it to give it to the judge. Then the judge will say, whoa, Mr. Colton, I understand [01:05:54.440 --> 01:06:03.240] you have business with the court. Yes, I do. And he opens the folder and looks at these documents, [01:06:03.240 --> 01:06:09.000] which he's already looked at and already knows what they are. And if you do that to Bob Perkins, [01:06:11.000 --> 01:06:15.800] he's going to know that you know, because he's going to know I sent you. [01:06:15.800 --> 01:06:24.120] And that'll be a hoot. I imagine he'd be on the phone right away to these people to [01:06:25.160 --> 01:06:30.520] try and get rid of him. And that's really the point. You really don't care if he takes it or not. [01:06:33.400 --> 01:06:39.400] You really don't want to get a fight with him. But he is going to know exactly what you're doing. [01:06:40.680 --> 01:06:43.320] He knows what I was doing and he knows it worked. [01:06:43.320 --> 01:06:50.360] The district attorney stood aside and let me give criminal charges against the highest judges in Texas [01:06:50.360 --> 01:06:56.360] to the grand jury. So if it works for the highest judges in Texas, what do you think they'll do to [01:06:56.360 --> 01:07:03.800] these low level chumps? They're dumb meat. Perkins is not going to get in that crapola [01:07:03.800 --> 01:07:10.760] again. He got in with me to protect some too big municipal judge or JP. Oh, wait a minute. [01:07:10.760 --> 01:07:15.720] Perkins. Where? What JP is this before? [01:07:18.440 --> 01:07:25.320] Seeg. Oh, good. Oh, good. It's not Herb. It's downtown. Him and Herb are good buddies. [01:07:27.880 --> 01:07:34.920] He's the one in the county courthouse downtown. Maybe these two won't be good buddies. But [01:07:34.920 --> 01:07:37.720] Perkins is not going to want to have the kind of grief he had with me [01:07:37.720 --> 01:07:44.520] to protect that municipal judge. As soon as you walk out, he's going to be on the phone [01:07:44.520 --> 01:07:48.040] and want to know what the heck is going on here. Why do I have guys down here [01:07:48.600 --> 01:07:54.840] giving me this crapola trying to get me to take the plaint against you? What are you guys doing? [01:07:56.680 --> 01:08:02.680] And that always works. And you will find out if you do that, [01:08:02.680 --> 01:08:08.360] how much deference you get from the higher judges. [01:08:09.720 --> 01:08:13.560] You don't get this arrogant crap that you get from the judges down on the bottom. [01:08:15.400 --> 01:08:21.560] These judges worked a lot harder to get where they are. And they are very well aware that [01:08:21.560 --> 01:08:29.960] they are political creatures. And politics is everything for them. They don't want anything [01:08:29.960 --> 01:08:38.520] making them look bad. So when you bushwhack him in his court, he's not going to be happy about that. [01:08:39.720 --> 01:08:45.960] But he's also going to know that he has no jurisdiction over you. So he can't do anything [01:08:45.960 --> 01:08:51.400] to you. As long as you don't raise your voice and use foul language, you make any threats. [01:08:51.400 --> 01:09:01.640] You know, if you conduct yourself with dignity or if you don't commit a breach of the peace, [01:09:01.640 --> 01:09:08.600] he has zero jurisdiction. And he knows anything he does to you is going to come back on him [01:09:08.600 --> 01:09:16.760] because you just report crimes or duty. It's his job to take the report. He just don't want to. [01:09:16.760 --> 01:09:25.640] So when you walk out of there, it doesn't matter what he tells you. Give those to JP. [01:09:26.760 --> 01:09:30.280] Yeah, but Judge, I thought you were a magistrate. I thought it was a duty of yours. [01:09:32.120 --> 01:09:38.120] I really ground on him about that. So he'll be real unhappy when he hears that. [01:09:39.640 --> 01:09:44.360] So whatever happens when you leave the courtroom, he's not going to be pleased. [01:09:44.360 --> 01:09:50.120] And you will feel much more empowered. You'll understand that these guys up at the top, [01:09:51.480 --> 01:09:58.520] they are amenable to the law around them. And you'll get things happening. [01:09:59.800 --> 01:10:01.400] So I think it'd be a hoot. [01:10:02.600 --> 01:10:05.800] Well, I'll give you guys a shout on Thursday and let you know how it turns out. [01:10:05.800 --> 01:10:14.120] Okay, but if I get a call from the J.O., I'll say, Randy who? [01:10:19.960 --> 01:10:21.000] Okay, good luck. [01:10:22.360 --> 01:10:22.920] Thanks a lot. [01:10:26.440 --> 01:10:33.640] Okay, callers. All right, we have open phone lines right now. You can call in 512-646-1984. [01:10:33.640 --> 01:10:38.200] And in the meantime, Randy, why don't you give us an update? [01:10:38.840 --> 01:10:41.160] Okay, didn't you have something you wanted to address? [01:10:42.440 --> 01:10:43.160] Not this time. [01:10:43.880 --> 01:10:49.960] Okay, okay. When I was on the airplane, I spent quite a bit of time on the airplane. [01:10:50.920 --> 01:11:00.120] I flew from Austin to Atlanta in about a four-hour flight from Atlanta back to Las Vegas. [01:11:00.120 --> 01:11:08.520] So I spent a lot of time and I was looking through contract actions under causes of action. [01:11:09.560 --> 01:11:18.120] I hear a lot from people about, pro se, filing civil actions and having them thrown out for [01:11:18.120 --> 01:11:25.000] failing to state a claim of which relief can be had. That always goes to the same thing. [01:11:25.000 --> 01:11:30.520] The petitioner made complaints and allegations in his petition, [01:11:31.960 --> 01:11:34.600] but he did not state a cause of action. [01:11:36.040 --> 01:11:40.680] And we've talked about causes of action before. And the more I look into them, [01:11:41.640 --> 01:11:49.080] the more informative they become. First off, it tells you those things you can go after them for. [01:11:49.080 --> 01:12:00.680] Threat of bodily injury, offensive physical contact, assault, contract actions, breach of contract, [01:12:00.680 --> 01:12:08.600] breach of producer duty. I want to talk about breach of contract, or contract actions. [01:12:08.600 --> 01:12:17.880] In about the nature of contract, a lot of people for a long time have been raising this issue [01:12:18.680 --> 01:12:24.600] of oath of office. And I've always wondered about that. One thing I wondered is, [01:12:25.720 --> 01:12:30.600] why don't these jack legs have them? I mean, it's not like it's a big deal. [01:12:30.600 --> 01:12:35.080] You just go down there, raise your hand, blah, blah, blah, yada, yada, yada. You got that done. [01:12:35.080 --> 01:12:44.920] What is the problem? I still don't understand why they don't do it. But I do now better understand [01:12:44.920 --> 01:12:52.840] the importance of it. It's contract. It's a contract. It's a contract. It's a contract. [01:12:52.840 --> 01:13:05.000] You better understand the importance of it. It's contract. They not only swear to it, [01:13:05.960 --> 01:13:12.520] they affirm it with their hand. They sign the contract. And based on that contract, [01:13:12.520 --> 01:13:24.040] they get paid. They get consideration. So the contract's a valid contract. And whether or not [01:13:24.040 --> 01:13:33.160] they enter into the contract directly with you, doesn't matter because you are a third party [01:13:33.160 --> 01:13:43.080] beneficiary of the contract. It is the intent of the contract that you be a third party beneficiary. [01:13:44.760 --> 01:13:54.920] And that gives you standing to sue under the contract. And looking through tort actions, [01:13:54.920 --> 01:14:04.280] one of the things that was interesting about tort actions, if you sue for a tort, you can't [01:14:04.280 --> 01:14:17.560] get attorney fees. A tort is an injury as a matter of law. You hit me over the head and knock a [01:14:17.560 --> 01:14:25.080] knot on my head. That's a tort. You drive in your car and you're off the road, run through my yard, [01:14:25.080 --> 01:14:29.000] knock down stuff. That's a tort. You and I don't have the contract with one another, [01:14:29.560 --> 01:14:36.120] but you do something that harms me as a matter of law. When you sue for a tort, you can't get [01:14:36.120 --> 01:14:45.560] attorney fees. However, if you sue for a contract violation or a contract issue, then you have [01:14:45.560 --> 01:14:56.440] generally two individuals at odds with one another over an apparent meeting of minds in a contract. [01:14:57.800 --> 01:15:06.440] In that case, you can get attorney fees. That's why that oath of office gets more important. [01:15:07.320 --> 01:15:12.200] Attorneys don't like taking on cases where they can't get attorney fees. [01:15:12.200 --> 01:15:19.800] Well, yeah, nobody wants to do work for free. Yeah. It'd be like a car accident. [01:15:19.800 --> 01:15:26.200] Okay. Well, listen, listen, we're going to break, Randy. Callers, if you'd like to call in 512-646-1984. [01:15:26.200 --> 01:15:29.000] We'll be right back on the other side. [01:15:29.000 --> 01:15:47.400] Are you looking for an investment that has no stock market risk, has a 100% track record of [01:15:47.400 --> 01:15:54.120] returning profits, is not affected by fluctuations in oil prices and interest rates, is publicly [01:15:54.120 --> 01:15:59.640] traded and SEC regulated? If this kind of peace of mind is what you have been looking for in [01:15:59.640 --> 01:16:05.240] an investment, then life settlements is the investment for you. Our annual rate of return [01:16:05.240 --> 01:16:12.280] has been 15.83% for the last 17 years. Our investments are insurance and banking commission [01:16:12.280 --> 01:16:18.600] regulated. Our returns are assured by the largest insurance companies. Even qualified retirement [01:16:18.600 --> 01:16:25.720] plans such as 401Ks and IRAs are eligible for transfer. We charge absolutely no commissions. [01:16:25.720 --> 01:16:33.160] 100% of your investment goes to work for you. Please visit sleepwellinvestment.com or call [01:16:33.160 --> 01:16:48.760] Bill Schober at 817-975-2431. That's sleepwellinvestment.com or call 817-975-2431. [01:17:03.400 --> 01:17:11.720] Some say she's cool, but Julie's no fool. She wants money when it comes to humanity. [01:17:13.160 --> 01:17:20.920] And I'm not gonna answer. How come? Because Julie makes well believe. She says she doesn't [01:17:20.920 --> 01:17:27.400] want no man with her because Julie, man, she well believe. She says she only wants a helicopter [01:17:27.400 --> 01:17:33.960] one and see. Because you, man, need to bring the money, bring the money in US currency. [01:17:33.960 --> 01:17:40.600] When you bring it, you give it to Julie. Julie says she loves to always see. So she only wants [01:17:40.600 --> 01:17:48.280] the US currency. But now the economy getting badly while she losing on autonomy. Julie says [01:17:48.280 --> 01:17:54.920] she only want yen around, see because Julie, man, she will help you live. She says she only want US [01:17:54.920 --> 01:18:02.760] currency. All right, we are back. We're live. The rule of law, Randy Kelton and Deborah Stevens. [01:18:03.400 --> 01:18:10.360] We have Will from Texas on the line. And Will, if you can just hang on just a moment, we will [01:18:11.560 --> 01:18:17.880] take your call. Right after this, Randy wanted to finish up on his story, on his train of thought. [01:18:17.880 --> 01:18:29.640] Yes, I'm talking about difference between torts and contracts. You notice that attorneys who [01:18:30.760 --> 01:18:39.160] take on accidents, specialize in like auto accidents, they take the cases on contingency. [01:18:39.160 --> 01:18:48.840] Like Julie wants the standards 33%. The reason they do that is because they can't get attorney [01:18:48.840 --> 01:18:55.160] fees. They can't be paid for it. That's the only way they do the case. So for them it's like shoot [01:18:55.160 --> 01:19:05.880] craps. If they lose, they lose everything. Whereas in corporate areas where most everything is done [01:19:05.880 --> 01:19:14.840] through contracts, all of the attorneys work for a set fee. They may not get the big payoff, but [01:19:14.840 --> 01:19:25.240] they know what they're going to make. This is how it works. You got with contracts, you can get paid. [01:19:25.960 --> 01:19:35.480] With torts, you can't. And it kind of makes sense because when a tort occurs, it only occurs [01:19:35.480 --> 01:19:44.360] with someone you don't have a contract with. Now, I guess it's not true. A tort can occur [01:19:45.160 --> 01:19:51.800] between you and someone you have a contract with, but the tort isn't covered in the contract. [01:19:53.080 --> 01:20:00.760] It's something they do wrong that is harmful as a matter of law, like misrepresent the truth to you. [01:20:00.760 --> 01:20:08.440] That's a tort. But what I found in looking through causes of action was contorts [01:20:10.120 --> 01:20:16.200] where you have the contractual violation and a tort combined. [01:20:18.440 --> 01:20:24.280] And when I read that, the first thing I thought of, oaths of office. [01:20:24.280 --> 01:20:31.000] If a public official violates the law and relates to his office, it causes you harm. [01:20:31.000 --> 01:20:39.800] That's a crime, but it's also a tort. But the public official had to swear to an oath that he [01:20:39.800 --> 01:20:49.640] would uphold the law of the state and protect the constitution. Well, if he violates one of those [01:20:49.640 --> 01:20:58.120] oaths to your detriment, that's a contractual violation. And you're a third party beneficiary, [01:20:58.120 --> 01:21:05.240] so you have standing to take them on for that. So as we're looking at putting together civil [01:21:05.240 --> 01:21:12.760] actions, especially against judges, we're more likely to get attorneys to want to pick them up [01:21:12.760 --> 01:21:21.880] if we make contract and tort allegations. And everything in your suit is about the allegation [01:21:21.880 --> 01:21:28.760] that you make. I'll give you an example of why that's important. I was reading a case where a [01:21:28.760 --> 01:21:33.960] woman is arrested, cuffed, put in the back of a patrol car. Patrol car's taking her to jail, [01:21:33.960 --> 01:21:39.160] gets in a high speed chase, slings her all over the back of the car, damages her wrists, she sues [01:21:39.160 --> 01:21:49.560] him. She sues the officer for an intentional tort. He intended to drive in a manner that was [01:21:49.560 --> 01:21:56.120] reckless, considering he had someone in the back who wasn't strapped down to the seat and be thrown [01:21:56.120 --> 01:22:03.320] around, backed up. And the court said that when an officer or an official is acting within their [01:22:03.320 --> 01:22:09.320] official capacity, and engaging in a high-speed chase of a criminal was within the official [01:22:09.320 --> 01:22:17.320] capacity of the police officer, even if he commits an intentional tort, he has immunity. [01:22:19.880 --> 01:22:26.520] Yeah, I thought about that. Wait a minute. You asked the wrong question. Well, I'm sorry, [01:22:26.520 --> 01:22:34.440] they went on to say that you can't sue the city either because for an intentional tort by the [01:22:34.440 --> 01:22:45.000] officer, the city or the governmental agency does not give up their sovereign immunity from suit [01:22:45.000 --> 01:22:53.800] for an intentional tort. So they got screwed. Asked the wrong question. Got to ask the right [01:22:53.800 --> 01:23:03.400] question to get the right answer. You got to make the right allegation to get relief. What they [01:23:03.400 --> 01:23:15.960] should have alleged is that she was injured by the use by a city employee, while the city employee [01:23:15.960 --> 01:23:25.240] was using a motor-driven piece of equipment owned by the city. In that particular instance, [01:23:26.520 --> 01:23:35.400] the city waives its sovereign immunity. If you're driving down the street and city workers are [01:23:35.400 --> 01:23:45.160] working on the street and the guy doesn't block traffic and the lift driver doesn't see you coming [01:23:45.160 --> 01:23:52.680] and turns around and dumps 50 tons of dirt on your car, you can sue them for the violation that [01:23:52.680 --> 01:24:03.000] occurred through the use of motor-driven piece of equipment. That's the one place where they waive [01:24:03.000 --> 01:24:12.120] their sovereign immunity. So we need to pay real close attention to the kinds of allegations we [01:24:12.120 --> 01:24:24.280] make. And now what I'm looking at is how to go after these guys and combine torts with [01:24:25.000 --> 01:24:31.000] contractual violations so that we can get attorneys where they can make money doing it [01:24:32.360 --> 01:24:39.080] and always make sure we ask the right question. Okay. I've ran on enough. [01:24:39.080 --> 01:24:48.680] Okay. That's all right. Let's re-sort it out a little bit. [01:24:50.200 --> 01:24:55.640] Okay. All right. Well, let's go on. We've got a caller on the line, Will from Texas. [01:24:57.800 --> 01:25:00.280] Okay. Will, thanks for calling in. What's on your mind tonight? [01:25:00.280 --> 01:25:04.520] Yeah. I made my appearance on this little traffic violation in the small town [01:25:04.520 --> 01:25:11.640] and it was on the ticket was that I had agreed to appear. That's how it reads. We talked about [01:25:12.440 --> 01:25:18.600] Denise and Austin and whatnot. You have to appear to plead. But this is just my agreement to appear [01:25:18.600 --> 01:25:24.760] and I did so. You suggested I go like a Friday when I don't like the day when the judge is not [01:25:24.760 --> 01:25:33.880] there and the clerk would not take my piece of paper that had my little witness place to sign. [01:25:33.880 --> 01:25:39.800] She said that I have to plea and put it into her computer. Otherwise they were going to issue a [01:25:39.800 --> 01:25:46.680] warrant for my arrest. So there's nothing that I put in because I told her I had just agreed to [01:25:46.680 --> 01:25:53.320] appear. And if you don't sign my piece of paper, we're going to have to go notarize a sworn [01:25:53.320 --> 01:25:59.880] statement for my witness showing that we did appear. And they said, well, you know, the only [01:25:59.880 --> 01:26:06.440] way that we can keep you from having a warrant arrested is you have to plea. So was that the [01:26:06.440 --> 01:26:12.840] next step that we would take is go down there and end with my sworn statement showing that I did appear. [01:26:15.640 --> 01:26:20.120] I think I would kind of think of how to keep the warrant from happening. [01:26:20.120 --> 01:26:27.640] Maybe go down and file charges against the clerk for impersonating a Judicial Officer. [01:26:30.840 --> 01:26:38.120] What this will do is give the court constructive notice that you appeared. The clerk is just [01:26:38.120 --> 01:26:46.280] following policy. Right. If he's just, you know, the clerks are not really well-trained. They just [01:26:46.280 --> 01:26:51.320] hire somebody off the street. Okay, do this, do that, do that, and the other. They don't explain [01:26:51.320 --> 01:26:59.160] all the legal intricacies. And the clerk's benefit in her defense, she don't know what the heck she's [01:26:59.160 --> 01:27:09.960] doing. And the judge probably hasn't taken the time to train her effectively. So it's always to our [01:27:09.960 --> 01:27:17.160] to our well-meaning public employees to help train them. A good swift kick in the behind, [01:27:17.720 --> 01:27:28.680] be good training. So you went down there and the clerk tried to act as a Judicial Officer [01:27:29.480 --> 01:27:38.280] and hold an arraignment hearing. An arraignment hearing under Texas law is a hearing for the [01:27:38.280 --> 01:27:46.680] purpose of determining the identity of the accused and taking a plea. The first thing you had to do [01:27:47.960 --> 01:27:53.720] is identify yourself to the clerk. And then she asked you for a plea. [01:27:55.160 --> 01:27:58.520] Well, that's an examinate. That's a random hearing. [01:27:58.520 --> 01:28:26.200] Okay, listen, we're going to have to pick it up on the other side. We're going to break now. This is [01:28:26.200 --> 01:28:30.200] the rule of law, Rady Kelton and Deborah Stevens. We'll be right back. We'll hold on the line. [01:28:40.840 --> 01:28:45.880] Gold prices are at historic highs. And with the recent pullback, this is a great time to buy. [01:28:45.880 --> 01:28:50.760] With the value of the dollar, risks of inflation, geopolitical uncertainties and instability in [01:28:50.760 --> 01:28:56.440] world financial systems, I see gold going up much higher. Hi, I'm Tim Fry at Roberts and Roberts [01:28:56.440 --> 01:29:01.000] Brokerage. Everybody should have some of their assets in investment grade precious metals. [01:29:01.000 --> 01:29:05.400] At Roberts and Roberts Brokerage, you can buy gold, silver and platinum with confidence from [01:29:05.400 --> 01:29:10.760] a brokerage that specialized in the precious metals market since 1977. If you are new to [01:29:10.760 --> 01:29:15.160] precious metals, we will happily provide you with the information you need to make an informed [01:29:15.160 --> 01:29:20.120] decision whether or not you choose to purchase from us. Also, Roberts and Roberts Brokerage [01:29:20.120 --> 01:29:23.960] values your privacy and will always advise you in the event that we would be required [01:29:23.960 --> 01:29:28.680] to report any transaction. If you have gold, silver or platinum you'd like to sell, [01:29:28.680 --> 01:29:35.800] we can convert it for immediate payment. Call us at 800-874-9760. We're Roberts and Roberts [01:29:35.800 --> 01:29:51.160] Brokerage, 800-874-9760. [01:30:06.520 --> 01:30:17.000] Okay, we are ready. Away, away. Throw the vote machines away. [01:30:19.400 --> 01:30:25.160] We are talking with Will in Texas. Okay, Randy, continue. You were speaking about the [01:30:26.120 --> 01:30:32.040] duties of a magistrate. Yeah, the difference between the judge and the magistrate. When you [01:30:32.040 --> 01:30:39.960] get a ticket, you're not required to appear before a judge. Required to appear before [01:30:39.960 --> 01:30:50.200] a magistrate, that's exactly what the statute says. The citation must state a date to appear [01:30:50.200 --> 01:31:00.520] before a magistrate, not a judge. When you, for instance, I'm talking earlier to Randy [01:31:00.520 --> 01:31:08.360] about giving a criminal complaint to the district judge. Well, when you do that, he stops being [01:31:08.360 --> 01:31:13.160] a district judge at that moment and becomes a magistrate because you invoked his duty [01:31:13.160 --> 01:31:18.520] as a magistrate. The only thing you can do is take criminal complaints and find probable cause. [01:31:21.080 --> 01:31:28.200] So, you have been arrested by a police officer and he's required by 14.06 Code of Criminal [01:31:28.200 --> 01:31:33.400] Procedure to take you directly to the nearest magistrate. But if he does that, he can't write [01:31:33.400 --> 01:31:41.960] many tickets. So, they wrote a special statute, 543, Government Code, I'm sorry, Transportation [01:31:41.960 --> 01:31:52.360] Code, that says if he can write a citation and if you agree to sign the citation and agree [01:31:52.360 --> 01:31:59.080] by signing the citation, agree to bring yourself before a magistrate, then he doesn't have to [01:31:59.080 --> 01:32:05.480] bring you before the magistrate. So, that's what the citation says. It doesn't say anything about [01:32:05.480 --> 01:32:13.800] appearing before a judge. So, you go down there, this is what I did. I got three really BS tickets, [01:32:13.800 --> 01:32:22.520] insurance, which I had. I just didn't have a current copy. Registration, which I had. I just [01:32:22.520 --> 01:32:27.080] didn't put it on the window. And inspection stickers that expire the day before. You got a [01:32:27.080 --> 01:32:34.920] five-day grade. So, I beat them all. I go down there and go before this judge and he thinks [01:32:34.920 --> 01:32:42.120] he's a judge. He's not a judge. He's a magistrate. And as such, there's only one thing he can do. [01:32:42.120 --> 01:32:47.880] One thing he can do since I'm not there to get married is examine any sufficient [01:32:47.880 --> 01:32:54.920] interrogation against me and make a determination probable cause. They never do that. So, I went [01:32:54.920 --> 01:33:02.280] down there and gave him three criminal charges against the police officer. Now, he for certain [01:33:02.280 --> 01:33:07.960] is a magistrate and still doesn't know it. Refused to take my complaints. Now, I'm going to file [01:33:07.960 --> 01:33:17.160] charges against him for malfeasance, misfeasance, failing to perform the duties required to perform [01:33:17.160 --> 01:33:21.240] and denied me in my right to petition the court for redress of grievance. [01:33:21.960 --> 01:33:25.480] And when you go down there, that's important to understand. [01:33:27.160 --> 01:33:34.280] That you weren't there to appear before a judge. You weren't there to have an arraignment hearing. [01:33:34.280 --> 01:33:41.080] You were there to have an examining trial. The whole chapter, chapter 16 covers an examining [01:33:41.080 --> 01:33:44.840] trial and all these things that magistrates are supposed to do, which they never do. [01:33:47.000 --> 01:33:51.960] And you get to charge them with all that. It depends on what you want to do and taking them on. [01:33:51.960 --> 01:33:56.440] The right is to have an examining, what is that? An examining hearing. [01:33:56.440 --> 01:34:07.560] An examining trial. What that's for is the judge hears the policeman's side of the story, [01:34:07.560 --> 01:34:14.280] he hears your side of the story, and he decides whether or not there's sufficient cause to pursue [01:34:14.280 --> 01:34:23.640] prosecution. If there's not, he sends you home, dismisses the case. Nothing else happens. If he [01:34:23.640 --> 01:34:32.280] finds there is, there are a number of things he must do. He must issue an order stating that he [01:34:32.280 --> 01:34:38.200] found probable cause. If an order is not issued within 48 hours, a finding of no probable cause [01:34:38.200 --> 01:34:44.760] is entered into court. They never do that, even when they actually are acting like a magistrate. [01:34:44.760 --> 01:34:53.160] And if you're arrested without a warrant, he's required by 1620, 16.20, to prepare a warrant. [01:34:53.800 --> 01:35:02.040] And they don't do that either. These municipal judges have no clue what they're supposed to do. [01:35:03.800 --> 01:35:09.640] But in your case, where the clerk is acting in the capacity of the judge, [01:35:09.640 --> 01:35:19.720] of the judge, that's impersonating a magistrate because you were ordered to be there and you [01:35:19.720 --> 01:35:28.520] agreed to be there to appear before a magistrate. So you charge the clerk with impersonating a [01:35:28.520 --> 01:35:36.520] magistrate. And you give that to the, go down and just go into court. You know, sometimes when they're [01:35:36.520 --> 01:35:45.960] having hearings, okay, your ticket was in Austin? No. Okay. They're going to be real busy. Pardon me? [01:35:46.680 --> 01:35:55.080] It was in Maynard. Wait, I couldn't hear that. It was in Maynard, the small town. Oh, small town. Okay. [01:35:55.080 --> 01:35:59.880] Call down to the court and find out when the court's going to have hearings. [01:35:59.880 --> 01:36:05.560] And go down there while they're having a hearing, go up to the judge and have a little clerk sit next [01:36:05.560 --> 01:36:10.520] to the judge and tell the judge, I have business with the court. And she'll say, man, tell them [01:36:10.520 --> 01:36:16.520] that I have business with the court. Yes, you can. Give them these. And she, like a little puppet, [01:36:16.520 --> 01:36:20.520] will take your criminal complaint for the most, almost always, and give it to the judge. [01:36:20.520 --> 01:36:28.440] And if she objects, call the bailiff over. First, give these to the judge. And if he refuses, [01:36:28.440 --> 01:36:34.760] then just tell the judge I have business with the court. If I think I may have trouble with these [01:36:34.760 --> 01:36:41.800] people and, you know, some of the smaller towns, you get people who think they own the place and [01:36:41.800 --> 01:36:47.080] they get more difficult. I generally like to watch for a while before I do anything. I don't see [01:36:47.080 --> 01:36:54.280] how these people are acting. So if they're acting real crappy, then I just call the bailiff over [01:36:54.280 --> 01:37:00.840] and tell him to tell the judge I have business with the court. And these are generally the places [01:37:00.840 --> 01:37:07.560] I use the routine of when he says, man, tell the judge I have business. No, you may not. I have [01:37:07.560 --> 01:37:13.720] business with the court and it's none of yours. Then I have had him say, well, she's not going to [01:37:13.720 --> 01:37:18.360] tell me what your business is. I'm not going to talk to the judge. Sure, call him. I don't care [01:37:18.360 --> 01:37:26.040] what you do. I don't tell him I'll file criminal charges against you, but they kind of get that. [01:37:26.840 --> 01:37:33.720] And I've yet to have a bailiff not talk to the judge because that's generally about the end of [01:37:33.720 --> 01:37:39.880] my conversation with the bailiff. I go sit down, don't talk to him anymore. So he gets to make his [01:37:39.880 --> 01:37:46.040] decision. Then if he doesn't, I've had to sit there through the whole hearing until the judge [01:37:46.040 --> 01:37:51.640] is finished. When the judge gets up to leave, I stand up and tell him, your honor, I have business [01:37:51.640 --> 01:37:59.080] with the court. And the judge will always stop. Every time I've done that, the judge has hurt me. [01:38:00.680 --> 01:38:06.520] And he'll ask me the nature of the business. You hold up your folder and say, may I approach [01:38:06.520 --> 01:38:11.800] and you hold up your folder and say, may I approach. That means going to give you these [01:38:11.800 --> 01:38:16.920] documents. Your jelly sin debate is to come get him and up to him. He opens them up. He's looking [01:38:16.920 --> 01:38:23.640] at criminal charges against his clerk. You just converted him from a judge to a magistrate. [01:38:25.320 --> 01:38:31.080] And he's not likely to know that. He's going to give you some song and dance about how you [01:38:31.080 --> 01:38:38.360] can't file these here, blah, blah, blah. And you can either discuss it with him or say, you know, [01:38:39.160 --> 01:38:44.600] whatever judge, it's your call, your decision to make. Let him make it and then you file it [01:38:44.600 --> 01:38:51.240] against him. But just filing it with the judge this way, that's going to tell the judge, [01:38:52.120 --> 01:38:59.320] this guy knows something I don't. And first thing he's going to do is run to the clerk and [01:38:59.320 --> 01:39:04.360] they're going to have powwows and start talking. And what's likely to happen is your case will [01:39:04.360 --> 01:39:12.600] never get called to court. Well, I think what she did, she put, she told me she put in the note [01:39:12.600 --> 01:39:19.000] that she has of her paperwork that I appeared and that I refused to play. And whether she did that [01:39:19.000 --> 01:39:30.360] or not, you know, I don't know what else was going on there. If she did in fact do that, then that's [01:39:30.360 --> 01:39:40.040] fine. Then the judge will look at it and inner plea for you if not guilty. And he can do that. [01:39:40.040 --> 01:39:47.800] But it has, as far as you're concerned, it has no effect. It has no negative effect on you. [01:39:48.760 --> 01:39:57.000] It just allows the court to keep moving ahead. But most likely, you know, once they realize [01:39:57.000 --> 01:40:00.520] that you kind of know what's going on, they've had enough of us guys go down there and sting [01:40:00.520 --> 01:40:05.640] them and kick them around and cost them money, but they will just never bring up the case [01:40:05.640 --> 01:40:10.440] or maybe wait a couple of years. And if it shows up in a couple of years, you file a motion to [01:40:10.440 --> 01:40:17.480] dismiss two older prosecutors. And I'd file against the prosecutor for even bringing it up. [01:40:20.040 --> 01:40:25.480] But most likely, they just let it go. They don't touch it anymore. It's all about making money. [01:40:26.280 --> 01:40:29.480] Make it look like they're not going to make any money if they don't want to mess with it. [01:40:29.480 --> 01:40:35.400] Well, but one more question is, I've never filed charges. What do they look like as far as, [01:40:35.400 --> 01:40:38.760] you know, if I have a document, it's just a piece of paper written out or? [01:40:38.760 --> 01:40:50.440] Yeah. Now go to jurisimprudence.com. There's a link to it on Root of Law radio. And under research [01:40:50.440 --> 01:41:03.240] and documents, there's a folder called blanks. Look in there and pull down blank criminal complaint. [01:41:04.760 --> 01:41:06.440] Got the criminal complaint there. [01:41:07.480 --> 01:41:15.320] Yeah. And there are, you can look in, I have a folder for individuals. And if you [01:41:15.320 --> 01:41:22.840] open up a few of those, you'll find criminal complaints that I have made out and filed. [01:41:23.880 --> 01:41:26.680] And that'll give you a real good idea of how they're put together. [01:41:28.680 --> 01:41:36.920] They're really pretty simple. There's just a format. The heading and the ending are prescribed [01:41:36.920 --> 01:41:41.560] by law. It always must start in the name and under the authority of the state of Texas. [01:41:41.560 --> 01:41:44.920] Every criminal complaint must run in the name of the state of Texas, is what it says. [01:41:44.920 --> 01:41:52.600] And then the first paragraph says, I, and you put your name, have reason to believe and do believe [01:41:52.600 --> 01:41:59.320] based on the following. And then you put a small section of brief statement of probable cause, [01:41:59.320 --> 01:42:11.480] statement of facts. No argument, just facts. And then you close it with therefore and therefore, [01:42:11.480 --> 01:42:20.600] to, I charged that so-and-so honor before data that you're filing this, [01:42:21.320 --> 01:42:24.040] you'd commit the criminal act of in your statement. [01:42:26.680 --> 01:42:30.280] Okay, listen, we're going to break. We're going to break. We'll be right back. And we got a couple [01:42:30.280 --> 01:42:34.840] other callers on the line as well. Callers, we'll finish your calls on the other side. We'll be right [01:42:34.840 --> 01:42:47.640] back. Stock markets are taking hit after hit. Corrupt bankers are choking on subprime debt. [01:42:47.640 --> 01:42:53.800] The Fed is busy printing dollars, dollars, and more dollars to bail out Wall Street banks and [01:42:53.800 --> 01:43:00.040] the US car industry. As investors scramble for safety in the metals, in the face of a further [01:43:00.040 --> 01:43:06.200] devaluation of the dollar, the price of silver will only increase. Some of the world's leading [01:43:06.200 --> 01:43:11.720] financial analysts believe that silver is one of the world's most important commodities with [01:43:11.720 --> 01:43:19.160] unparalleled investment opportunity for the future. Now is the time to buy silver before it heads for [01:43:19.160 --> 01:43:25.800] $75 an ounce. And the yellow metal roars back past $1,000 an ounce to new highs. [01:43:25.800 --> 01:43:35.800] Call Maximus Holdings now at 407-608-5430 to find out how you can turn your IRA and 401k [01:43:35.800 --> 01:43:41.800] into a solid investment silver without any penalties for early withdrawal. Even if you [01:43:41.800 --> 01:43:46.760] don't have a retirement account yet, we have fantastic investment opportunities for you. [01:43:46.760 --> 01:43:56.760] Call Maximus Holdings at 407-608-5430 for more information. [01:44:16.760 --> 01:44:26.760] Some things in this world I will never understand. Some things I realize fully. [01:44:28.120 --> 01:44:34.760] Somebody's gonna police that policeman. Somebody's gonna police the bully. [01:44:36.600 --> 01:44:43.960] There's always a room at the top of the hill. I hear things are great, fine, and it's lonely [01:44:43.960 --> 01:44:49.240] to have to. They're wishing it was more than I position to feel. [01:44:49.240 --> 01:44:59.560] All right, we are back. Somebody will. Music from Route One, my husband Jerry Stevens and myself. [01:45:00.760 --> 01:45:05.320] We know Ja Will. Somebody's gonna police the policeman. Somebody's gonna bully the bully. [01:45:05.320 --> 01:45:12.120] That's us. All right, we are speaking with Will from Texas. And Randy, if you could please explain [01:45:12.120 --> 01:45:20.760] what the charge would be against this clerk. Yeah, impersonating a public official, [01:45:22.200 --> 01:45:24.920] specifically impersonating a judicial officer. [01:45:28.920 --> 01:45:35.720] Because she was apparently attempting to hold an arraignment hearing [01:45:35.720 --> 01:45:45.000] wherein you answered a summons. And that's when you signed that citation, it became a summons. [01:45:46.120 --> 01:45:51.400] You appeared at the court under summons, and the clerk attempted to hold a hearing. [01:45:52.520 --> 01:45:57.880] This defined as an arraignment hearing wherein she determines your identity and takes a plea. [01:45:57.880 --> 01:46:03.960] But she's not a judge. And she's going to claim that she's been authorized to do that. [01:46:05.000 --> 01:46:07.800] You don't care what she claims. You get to make the allegation. [01:46:10.760 --> 01:46:17.800] And that's just to get your attention. Does that sound okay? [01:46:18.600 --> 01:46:23.240] So that's basically the only charge is this impersonating a judicial officer. [01:46:23.240 --> 01:46:28.280] There's no need for anything else. Okay, that's not the only charge. That's the only one against [01:46:28.280 --> 01:46:36.360] the clerk. If it was me, I'd file criminal charges against the officer for writing the ticket. [01:46:38.440 --> 01:46:40.360] Because ticket violates statute. [01:46:40.360 --> 01:46:52.600] 543.006 transportation code says paragraph A, the citation shall state a date to appear at least [01:46:52.600 --> 01:47:01.240] 10 days after the date of arrest. Paragraph B says the citation shall state a date to appear [01:47:01.240 --> 01:47:10.200] after the date of arrest. Paragraph B says the citation shall state a date to appear before a [01:47:10.200 --> 01:47:16.200] magistrate. The citation says you must appear on or before a certain date. [01:47:17.800 --> 01:47:29.240] The before violates 543.006 paragraph A in that it doesn't state a date at least 10 days after [01:47:29.240 --> 01:47:38.840] the date of arrest. And the second paragraph says it's stated date to appear before a magistrate. [01:47:38.840 --> 01:47:45.240] You go down there and the clerk tries to act as a magistrate. They want you to appear before a [01:47:45.240 --> 01:47:57.480] clerk, but they have no power to summon you to appear before a clerk. 543.008 says if an officer [01:47:57.480 --> 01:48:03.640] violates the provision of this code he is guilty of official misconduct and subject to removal from [01:48:03.640 --> 01:48:11.240] office. Now that's unusual in a statute. I've actually never seen it before. [01:48:13.240 --> 01:48:22.760] I was astounded when I read that. The legislature actually went to the trouble of specifically [01:48:22.760 --> 01:48:29.960] stating if you violate this requirement you're subject to removal from office. [01:48:30.840 --> 01:48:35.880] And they designated a specific client. You will never see that in the statute. [01:48:38.200 --> 01:48:43.800] So you have to consider the legislature went to special trouble to put that in there. [01:48:45.400 --> 01:48:49.880] It is a special statute and should be given special significance. [01:48:49.880 --> 01:48:55.880] File on the officer for official misconduct or essentially official oppression. [01:48:56.680 --> 01:49:05.880] Official misconduct as written in the penal code generally goes to an officer misusing public funds [01:49:06.920 --> 01:49:14.200] or public equipment. Official oppression, no, official misconduct is 3902. [01:49:14.200 --> 01:49:23.320] Official misconduct is 3902. 3903 is where a public official exerts or purports to exert [01:49:23.320 --> 01:49:26.760] authority he doesn't have or fails to perform a duty he's required to perform. [01:49:27.800 --> 01:49:32.360] And in the process denies the citizen in the form of free access to a dormant right. [01:49:32.360 --> 01:49:39.720] That's what he did. Because in the ticket it doesn't say to appear before magistrate. [01:49:39.720 --> 01:49:47.560] Yes. Because it does say to appear at a certain day but that's it, it just doesn't appear. [01:49:49.320 --> 01:49:54.840] So it has to state a date. It does say it does state a date. [01:49:56.280 --> 01:50:01.320] But does it say on it before? Yes it's on it before the date. [01:50:02.440 --> 01:50:07.640] Yeah so that that violates both of them and to appear before a magistrate. Now you can show [01:50:07.640 --> 01:50:10.440] that they had no intention of you appearing before a magistrate. [01:50:13.400 --> 01:50:20.280] So just thought of another one. Abuse of process against the officer and that's also a tort. [01:50:23.240 --> 01:50:32.520] Abuse of process is where someone issues a process and then deliberately misuses the process. [01:50:32.520 --> 01:50:41.880] They issued a process to you to appear and when you got there they deliberately abused the purpose [01:50:41.880 --> 01:50:49.000] of the process. But that's a little more complex, a little more difficult to get through. [01:50:49.640 --> 01:50:55.320] Official oppression is really straightforward. The law commanded he do a certain thing, [01:50:55.320 --> 01:51:01.560] he did something else and harmed you in the process. Got it. We got two more minutes [01:51:01.560 --> 01:51:05.720] left. We got two more calls and we're running out of time. We really need to move on and get them. [01:51:07.240 --> 01:51:11.640] Yes thank you. Thank you Will. If you have any questions call back in Thursday. [01:51:13.720 --> 01:51:16.440] Okay we're going to go now to Christian in Florida. [01:51:17.960 --> 01:51:21.720] Christian thanks for calling in. What's on your mind tonight? Hi guys how are y'all doing tonight? [01:51:21.720 --> 01:51:28.680] Pretty good. Thanks. Randy I heard you talking earlier about something I was studying on here, [01:51:28.680 --> 01:51:36.360] ex-contract two versus ex-delect two. And are you aware that certain ones can't be joined? [01:51:38.440 --> 01:51:44.520] Wait. So the rule under common law is that under rare instances that the causes of action arising [01:51:44.520 --> 01:51:50.280] in ex-contract two cannot be joined with causes of action arising in ex-delect two? [01:51:52.280 --> 01:51:56.920] And it's in the joint counts they in the thumbstead with counts founded on fraud and [01:51:56.920 --> 01:52:03.480] deceit with counts in trover or with counts in case or slander? There's not enough [01:52:05.000 --> 01:52:08.040] you didn't give me enough prep to tell me what you're actually talking about. [01:52:08.680 --> 01:52:13.240] Well are there some actions can't be in contract joined in with torts [01:52:14.360 --> 01:52:24.520] because you're going to put them in the case. Yeah if I have a contract with you say to rent [01:52:24.520 --> 01:52:36.280] your car and after the rental time runs out I wreck your car. I wreck your car's torts. [01:52:37.160 --> 01:52:42.520] Well I say I don't pay you for the rental. That's a contractual violation. You can't combine the two [01:52:42.520 --> 01:52:47.320] and they don't even do to each other. Right there's only sort of causes of action which [01:52:47.320 --> 01:52:58.600] may be joined together. But if you have a contract to do a certain thing and you represent to me [01:52:59.720 --> 01:53:04.920] that you will do this certain thing knowing when you told me that you had no intention to [01:53:06.200 --> 01:53:13.160] that's a tort and it's also violates the contract that you wrote so now it's contort [01:53:13.160 --> 01:53:23.400] it's a contractual violation and a tort. Does that make sense? Yeah some things can't be joined [01:53:23.400 --> 01:53:32.760] some things can. Some things can't. If the tort arises out of something occurring in a contract [01:53:33.960 --> 01:53:41.000] then it may be you may be able to join it but if the tort is even if it rises out of something [01:53:41.000 --> 01:53:47.000] in the contract it's totally separate from contract and the way I was getting to that with [01:53:47.000 --> 01:53:55.240] a judge is a judge entered into a contract where he has swore to oppose the laws of the constitution [01:53:57.320 --> 01:54:03.800] and I'm a third party beneficiary to that contract. Well if he violates the law relate to his office [01:54:03.800 --> 01:54:12.040] and harms me that's a tort but that's also an act in violation of the sworn contract that he has [01:54:12.040 --> 01:54:19.640] with me that I have a right to depend on. So it's also a contractual violation. [01:54:21.640 --> 01:54:27.240] So you wouldn't pay one or over the other? No you wouldn't do both of them. [01:54:27.240 --> 01:54:33.080] So each it's two separate actions? Yeah well there are two [01:54:37.400 --> 01:54:41.320] under the general rule of contracts that the cause of action of the same nature and assumption may [01:54:41.320 --> 01:54:47.080] be joined the joiner of counts in the various combinations has been permitted though but if [01:54:48.360 --> 01:54:53.160] the general rule is augmented by the statutory provisions abolishing the distinctions between [01:54:53.160 --> 01:54:59.400] the trespass and case or slander that counts upon torts the same nature and requiring the same [01:54:59.400 --> 01:55:05.320] judgment to be joined the joiner of various causes of action sounding and tort has been permitted [01:55:05.320 --> 01:55:12.200] including the joiner of trespass is another form. And that is simply joined you'd have to keep two. [01:55:12.200 --> 01:55:18.680] Right right that's because the nature of tort the nature of tort is that it's a [01:55:18.680 --> 01:55:26.600] a violation as the it's an act as a matter of law the tort exists as a matter of law [01:55:27.640 --> 01:55:36.600] so to charge you two torts for the same act amounts to double jeopardy so they would you [01:55:36.600 --> 01:55:42.840] wouldn't be able to join the two but in a con tort where one is a matter of law the other is [01:55:42.840 --> 01:55:48.920] a matter of contract you can join those two where the one action violates both them out of the one [01:55:48.920 --> 01:55:56.760] contract yeah yeah because the contract yeah the contract goes to money he the judge entered into [01:55:56.760 --> 01:56:04.920] a contract he got paid to to perform under the contract he violated that contract and that's [01:56:04.920 --> 01:56:09.000] the money issue yeah but i didn't think you were making it clear enough that you know some things [01:56:09.000 --> 01:56:13.320] can't be joined and you know because everybody wants to stick everything in one case action and [01:56:13.960 --> 01:56:19.560] they'll wind up the judge will weigh certain things in there well yeah you're absolutely right [01:56:19.560 --> 01:56:26.040] i wasn't getting quite that detailed i was i was really just trying to get the idea that [01:56:27.240 --> 01:56:36.120] look for contract violations and tort violation and it would be pretty obvious when you start [01:56:36.120 --> 01:56:43.480] putting them together if you have a tort in one place and a contract violation in the other place [01:56:43.480 --> 01:56:50.360] don't have anything to do with each other you won't be able to put those together and two [01:56:50.360 --> 01:56:59.320] torts would each be separate you know points going on there each because the torts go to [01:57:00.200 --> 01:57:04.680] an injury as a matter of law you know if i was going off the road and run through your [01:57:04.680 --> 01:57:08.840] like yard we don't have a contract okay listen listen we're coming up to the end of the show [01:57:08.840 --> 01:57:15.080] we only got we only got 30 seconds left meta i'm sorry uh we'll we'll need to speak to you on [01:57:15.080 --> 01:57:21.080] thursday and christian you're welcome to call back in on thursday as well okay thanks guys all right [01:57:21.080 --> 01:57:26.840] and randy will be back in studio on thursday so he'll be back on his good quality mic that we got [01:57:26.840 --> 01:57:33.880] here so in the meantime please tune in tomorrow night for tom keiley i knew we'll report randy [01:57:33.880 --> 01:57:40.040] i knew we'll report radio and tony davis and we'll be back thursday don't forget radio free oklahoma [01:57:40.040 --> 01:58:08.200] we'll be back thursday [01:58:10.040 --> 01:58:24.200] like [01:58:40.040 --> 01:58:42.040] You