[00:00.000 --> 00:05.200] This news brief brought to you by the International News Net. [00:05.200 --> 00:10.260] A government report Wednesday said more than 1 in 10 workers were unemployed in four states [00:10.260 --> 00:11.260] in January. [00:11.260 --> 00:16.420] According to a Reuters poll, more than 13 million Americans are now jobless. [00:16.420 --> 00:20.900] The FBI's Terrorist Screening Center admitted this week that more than 1 million names were [00:20.900 --> 00:26.240] on its terrorist watch list, showing how far the Bush administration had moved toward creating [00:26.240 --> 00:27.700] a police state. [00:27.700 --> 00:32.920] Freddie Mac said it will ask the government for nearly $31 billion in additional aid after [00:32.920 --> 00:36.440] posting a loss of more than $50 billion last year. [00:36.440 --> 00:41.920] The report comes just weeks after Fannie Mae said it would need $15 billion in government [00:41.920 --> 00:45.880] handouts after losing $60 billion last year. [00:45.880 --> 00:50.040] Top of the hour news brought to you by INN World Report. [00:50.040 --> 00:56.120] Investigative reporter Seymour Hersh uncovered a covert military operation he calls an executive [00:56.120 --> 01:01.800] assassination ring, which reported directly to former Vice President Dick Cheney. [01:01.800 --> 01:07.300] Hersh said the CIA was deeply involved in domestic activities against people thought [01:07.300 --> 01:09.760] to be enemies of the state. [01:09.760 --> 01:15.200] Hersh described a second area of extra-legal operations called the Joint Special Operations [01:15.200 --> 01:20.560] Command, who did not report to anybody except Cheney during the last administration. [01:20.560 --> 01:25.680] Hersh stated, under Bush's authority, they've been going into countries not talking to the [01:25.680 --> 01:30.880] ambassador or the CIA station chief, finding people on a list, executing them, and then [01:30.880 --> 01:31.880] leaving. [01:31.880 --> 01:36.200] Stories have been coming out about covert Pentagon assassination squads for the last [01:36.200 --> 01:37.560] several years. [01:37.560 --> 01:43.800] In 2003, Hersh reported on Task Force 121, which operated chiefly out of the Joint Special [01:43.800 --> 01:45.200] Operations Command. [01:45.200 --> 01:52.600] Top of the hour news brought to you by INN World Report. [01:52.600 --> 01:58.440] According to a Consumer Watchdog study, insurance and drug companies spent nearly $1 billion [01:58.440 --> 02:02.200] lobbying Congress in the past two years. [02:02.200 --> 02:06.360] Consumer Watchdog said that amount of money raises questions about the independence of [02:06.360 --> 02:12.880] lawmakers as they consider changes to the health care system proposed by the Obama administration. [02:12.880 --> 02:19.880] The study found the biggest beneficiaries included Senators John McCain with $546,000, [02:19.880 --> 02:27.200] Mitch McConnell with $425,000, and Max Baucus with $413,000. [02:27.200 --> 02:31.520] Baucus is head of the Senate Finance Committee and will play a leading role in the health [02:31.520 --> 02:33.280] care reform debate. [02:33.280 --> 02:38.320] Jerry Flanagan, Consumer Watchdog's health care advocate, noted Baucus was the top Democratic [02:38.320 --> 02:44.840] recipient of contributions from health insurers and drug makers over the last four years. [02:44.840 --> 02:46.920] Baucus has taken a leading role in the debate. [02:46.920 --> 02:52.280] He issued a so-called white paper in November advocating the kind of mandatory coverage [04:16.920 --> 04:32.040] This is Deborah Stevens. [04:32.040 --> 04:34.240] I'm here with Randy Kelton. [04:34.240 --> 04:38.200] This is the Rule of Law on Rule of Law Radio. [04:38.200 --> 04:44.840] We want to welcome all our new listeners from Liberty, 1640 A.M., broadcasting in Sioux [04:44.840 --> 04:48.060] Falls, South Dakota, and Omaha, Nebraska. [04:48.060 --> 04:55.800] One of our newest affiliates, we want to thank you for tuning in to our program this evening. [04:55.800 --> 05:04.960] And at the request of Chess, who runs Liberty Radio 1640 A.M., we are going to go back and [05:04.960 --> 05:11.000] do a little review tonight on the basics, a review of the basics of due process. [05:11.000 --> 05:16.080] So you asked for it, and you're going to get it tonight, and callers, you can also call [05:16.080 --> 05:17.080] in. [05:17.080 --> 05:20.760] But maybe if you could just hold off on the calls for maybe the next few segments while [05:20.760 --> 05:24.320] Randy goes over the basics here of due process. [05:24.320 --> 05:25.320] Okay. [05:25.320 --> 05:32.320] What I'm going to do today is I'm just going to kind of walk through sort of an introductory [05:32.320 --> 05:38.800] for those who are new listeners and don't really understand all that we do. [05:38.800 --> 05:44.920] I'll give a kind of an overview, and then tomorrow I'm going to look at doing a full show on [05:44.920 --> 05:47.080] due process. [05:47.080 --> 05:48.080] Start to finish. [05:48.080 --> 05:52.640] Yes, and we've done one already, a four-hour show on due process, and I'm going to go back [05:52.640 --> 05:57.040] and retrieve that archive from WTPR, because that was one of the best shows we ever did. [05:57.040 --> 06:01.880] So we'll try to do it as good as we did last time tomorrow. [06:01.880 --> 06:04.560] I'll try. [06:04.560 --> 06:15.640] Okay, basically what I do and what we're trying to promote is nothing very, it shouldn't be [06:15.640 --> 06:21.160] unusual at all, and it shouldn't surprise anyone. [06:21.160 --> 06:23.240] You and I are sovereign citizens. [06:23.240 --> 06:29.800] Now, a lot of people talk about being a sovereign, but for the most part, they talk about sovereignty [06:29.800 --> 06:32.760] different than I do. [06:32.760 --> 06:39.600] I don't talk about sovereignty in terms of my rights and the privileges I have as a sovereign [06:39.600 --> 06:41.560] citizen. [06:41.560 --> 06:49.000] I think of my sovereignty in the way that Solomon spoke to his sovereignty. [06:49.000 --> 06:55.040] You never hear the Bible talking about all of the rights and privileges Solomon got being [06:55.040 --> 07:04.560] a king, but what you hear primarily about Solomon is that all of the thorniest problems [07:04.560 --> 07:10.160] in the kingdom were brought and dropped right squarely at his feet. [07:10.160 --> 07:15.960] I hear people all of the time complaining that the courts don't follow law. [07:15.960 --> 07:20.760] And my question is, well, what did you do about it? [07:20.760 --> 07:23.640] Well, what can I do about it? [07:23.640 --> 07:31.960] Well, you're the sovereign of my own business for some 35 years. [07:31.960 --> 07:39.120] And if I had somebody working for me and I said, okay, here's the rules, here's what [07:39.120 --> 07:41.600] I want you to do. [07:41.600 --> 07:42.600] And they don't follow the rules. [07:42.600 --> 07:43.600] What do you do? [07:43.600 --> 07:47.920] You go down there and file an objection? [07:47.920 --> 07:50.520] You file a challenge to the jurisdiction? [07:50.520 --> 07:56.280] No, no, no, no, no, I'm the sovereign. [07:56.280 --> 07:58.000] You're the servant. [07:58.000 --> 07:59.200] These are the rules. [07:59.200 --> 08:01.060] You follow the rules. [08:01.060 --> 08:04.200] This is not a negotiation. [08:04.200 --> 08:14.920] When I go before the courts, rather I win or lose, I want my officials to follow law. [08:14.920 --> 08:22.120] First and foremost, if they don't follow law and I win today, odds are I'm going to lose [08:22.120 --> 08:25.000] big time tomorrow. [08:25.000 --> 08:30.320] I want them to follow law all the time, every time. [08:30.320 --> 08:34.640] And that's all I want. [08:34.640 --> 08:40.380] I don't ask anything of them other than that they obey the law that you and I have laid [08:40.380 --> 08:42.200] down for them. [08:42.200 --> 08:50.720] Okay, with that posture set, how do we go about getting them to obey law? [08:50.720 --> 08:56.720] Well, first thing I do is file criminal complaints. [08:56.720 --> 09:05.040] If a public official violates a law relating to his office or fails to perform a duty he's [09:05.040 --> 09:12.640] required to perform, in most every state that's a crime. [09:12.640 --> 09:19.960] In every state it's a crime and it's in statute in most every state, but if there's a state [09:19.960 --> 09:24.200] where it's not in statute, you can pull the statute from another state. [09:24.200 --> 09:26.760] New Mexico, we couldn't find the statute. [09:26.760 --> 09:30.040] So we could pull the statute from Texas. [09:30.040 --> 09:34.680] And while I'm there, let me explain how that works. [09:34.680 --> 09:37.480] We'll talk about bringing law from one state into another. [09:37.480 --> 09:49.360] The only time you can do that is if there is an issue in the state that the state legislature [09:49.360 --> 09:53.720] hasn't passed a statute to cover. [09:53.720 --> 09:58.380] If there isn't a statute in your state to cover this situation, you can go to another [09:58.380 --> 09:59.960] state and pull the statute. [09:59.960 --> 10:08.480] And the reason you can is that all the legislators trust the legislators. [10:08.480 --> 10:16.480] And they say, well, and actually, and obviously the courts, they say, well, the Texas legislature [10:16.480 --> 10:21.260] didn't address this particular issue, but Oklahoma did. [10:21.260 --> 10:26.000] And we trust Oklahoma to pass just law. [10:26.000 --> 10:30.320] So if they've dealt with this issue, we can go to Oklahoma and pull their statute and [10:30.320 --> 10:32.280] use it here. [10:32.280 --> 10:39.080] But only where there's no statute in Texas that addresses that particular issue because [10:39.080 --> 10:42.120] hierarchy of law, Texas is first. [10:42.120 --> 10:45.400] This is the same thing with the federal law. [10:45.400 --> 10:51.880] The federal criminal code is not as complete as most state criminal codes is. [10:51.880 --> 11:00.880] So if a federal official is within the state and he commits an act, if there is no federal [11:00.880 --> 11:08.640] statute governing that particular action, but it's made a crime in the state law that [11:08.640 --> 11:17.880] surrounds the federal official or the other side of the act, the state law applies and [11:17.880 --> 11:23.200] the federal government can enforce the state law. [11:23.200 --> 11:27.960] And that's because the state legislature has addressed it and the federal legislature hasn't [11:27.960 --> 11:32.880] addressed it and they trust the state legislature to pass good law. [11:32.880 --> 11:34.420] Okay. [11:34.420 --> 11:46.720] With that said, we have in most every state a very good corpus juris, a very good body [11:46.720 --> 11:48.480] of law. [11:48.480 --> 11:56.080] People complain about it a lot, but that's generally because they haven't read it carefully. [11:56.080 --> 12:03.120] Attorneys will tend to just look at those areas that they deal in. [12:03.120 --> 12:06.000] I deal with due process. [12:06.000 --> 12:16.440] Now people ask me questions about real estate all the time and about mortgage and child [12:16.440 --> 12:22.160] care, I mean CCS, I don't know anything about those. [12:22.160 --> 12:27.640] I don't study family law, I don't study real estate law, I'm beginning to study contract [12:27.640 --> 12:32.360] law somewhat, but I'm a novice in contract law. [12:32.360 --> 12:39.480] I know due process front to back because I read the book two or three times every time [12:39.480 --> 12:41.880] I read it to find more stuff. [12:41.880 --> 12:49.280] And I read the book looking for tools that I can use to whip my public officials in shape [12:49.280 --> 12:56.360] with and frankly there are lots of them in there. [12:56.360 --> 13:04.080] What I'm doing and the problems that I'm finding, they exist from no lack of law. [13:04.080 --> 13:07.920] They exist from lack of will to enforce law. [13:07.920 --> 13:14.200] If we force our officials to go back to the law our founders laid in place, 90% of these [13:14.200 --> 13:19.240] problems we have will simply go away. [13:19.240 --> 13:26.020] We don't need the legislature passing new laws as fast as they can crank them out. [13:26.020 --> 13:31.080] We have a good corpus juris, all we need to do is use it. [13:31.080 --> 13:36.180] Primarily what I do is if a public official violates a law relating to his office and [13:36.180 --> 13:40.280] denies a citizen full and free access to or enjoyment of any right, that's a crime. [13:40.280 --> 13:43.680] So I go down and file criminal charges against him. [13:43.680 --> 13:52.200] And most people when I say that they kind of shudder because most of us, the only experience [13:52.200 --> 13:58.020] we have with the criminal justice system is when the criminal justice system is acting [13:58.020 --> 14:03.680] against us or somebody else sues us. [14:03.680 --> 14:06.840] Just always in criminal justice they're coming after you. [14:06.840 --> 14:12.360] So the only experience you have with them is in a defensive mode. [14:12.360 --> 14:21.840] And we as sovereign citizens, when we go before our courts we should be wearing two hats, [14:21.840 --> 14:23.360] not one hat. [14:23.360 --> 14:30.360] When I go before a court if I have a charge against me I put on my litigants hat and we [14:30.360 --> 14:39.560] litigate my case until one of those officials steps across one of my legal lines. [14:39.560 --> 14:44.120] Then I take off my litigants hat and I put on my sovereigns hat and I say wait a minute [14:44.120 --> 14:47.540] Bubba hold on here. [14:47.540 --> 14:52.720] More than one time I've turned to the bailiff and said Mr. Bailiff did you hear that? [14:52.720 --> 14:57.360] Yes Mr. Kelton I did, drag that judge down off that bench, judge you get down off that [14:57.360 --> 15:00.800] bench you are disqualified. [15:00.800 --> 15:06.280] And I've never had a judge do anything to me for that. [15:06.280 --> 15:13.720] They know, they know the difference between the litigant and the sovereign. [15:13.720 --> 15:17.160] They know when I'm invoking the law against them. [15:17.160 --> 15:25.080] Generally what I do and I don't suggest that people do that as a matter of course in a [15:25.080 --> 15:33.080] trial that you're in I did that in a case where I set the judge up, it was just a traffic [15:33.080 --> 15:35.240] ticket so I didn't care about it. [15:35.240 --> 15:39.520] But if your liberty is at stake I don't suggest you do that. [15:39.520 --> 15:49.480] What I suggest is if your local courts aren't following law go down there and pick the fight. [15:49.480 --> 15:52.160] I go down there and start fights myself. [15:52.160 --> 15:59.200] I go down there and ask them to do something that I know they won't do. [15:59.200 --> 16:04.960] One of my favorites when I'm going into a jurisdiction is I'll ask to see the morning [16:04.960 --> 16:09.120] hearings they have for people who've been arrested. [16:09.120 --> 16:15.000] And everywhere I've been they hold those hearings deep in the jail and they tell me oh well [16:15.000 --> 16:22.200] you can't see that hearing we hold it deep in the jail and you would be a security risk. [16:22.200 --> 16:26.800] Johnson County was one of my favorites I told them oh that's no problem hold it somewhere [16:26.800 --> 16:31.240] else I'm here I want to watch. [16:31.240 --> 16:35.640] And we had this struggle about it and they got me a lieutenant and the lieutenant went [16:35.640 --> 16:39.440] back and talked to the judge and came back and said the judge said it's her courtroom [16:39.440 --> 16:41.160] and you may not enter it. [16:41.160 --> 16:47.000] I told the lieutenant you advise that judge she is mistaken it is my courtroom and I very [16:47.000 --> 16:51.320] generously allow her to administer it and I will allow her to administer it right after [16:51.320 --> 16:52.320] this break. [16:52.320 --> 16:59.280] All right we'll be right back this is the rule of law Randy Kelton and Deborah Stevens. 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[18:59.200 --> 19:15.480] Their oath they're not abiding we ask the questions and look what we get they do not [19:15.480 --> 19:35.200] give us the answers tyranny them a tear you tyranny them a tear you them a tear me them [19:35.200 --> 19:42.120] a tear up the whole country all right that's some three shoes posse for you this is the [19:42.120 --> 19:49.120] rule of law Randy Kelton and Deborah Stevens here on ruleoflawradio.com okay Randy please [19:49.120 --> 19:57.100] continue talking about this arrest procedure yeah the point is you have two postures before [19:57.100 --> 20:03.800] the court and you know some countries you have one posture but in the United States [20:03.800 --> 20:13.840] we have two we have our posture as a defendant and a litigant but we are also the sovereigns [20:13.840 --> 20:23.000] and we should never forget it to get comfortable with your position before the court you should [20:23.000 --> 20:28.520] go down to the courthouse sometime and talk to them ask them questions go to the jail [20:28.520 --> 20:31.560] and tell them you want to see that hearing they hold every morning for the people who've [20:31.560 --> 20:35.520] been arrested and you can tell them what I told this lieutenant he said Mr. Kelton do [20:35.520 --> 20:41.120] you mind if I ask why you want to see that see I don't know about other states but in [20:41.120 --> 20:48.500] Texas they can't ask you any questions about why you want to access to any public information [20:48.500 --> 20:52.200] they can ask you who you are and what information you want to see anything else is forbidden [20:52.200 --> 20:59.040] by law so he asked me if he could ask so I said sure ask well Mr. Kelton why do you want [20:59.040 --> 21:06.440] to see this I said entertainment he looked at me like oh so you're not going to tell [21:06.440 --> 21:15.960] me huh and I look back like no I'm not the point was and he got it I am a citizen we [21:15.960 --> 21:22.920] have a public court and is to remain public and I don't have to explain myself to him [21:22.920 --> 21:30.800] go to the courts talk to him ask him questions I like to go down and ask for records and [21:30.800 --> 21:35.840] if they give me anything any kind of hesitation at all I just give him an information request [21:35.840 --> 21:44.400] they got 10 days after 10 days I don't go in there and say oh well you were supposed [21:44.400 --> 21:52.360] to respond to this in 10 days and you didn't I never talked to him I go to somebody else [21:52.360 --> 21:59.360] and ask them to go over and arrest them I'm telling you it's a hoot and they need it done [21:59.360 --> 22:06.800] to them they need citizens down there expressing their sovereignty even when they're not upset [22:06.800 --> 22:13.680] at them but if you're if your police aren't following law go down there and ask for the [22:13.680 --> 22:20.480] personnel files for all of the police officers that'll get him pretty worked up that really [22:20.480 --> 22:26.600] gets them wound up that'll get them worked up pretty big time and if they ask you why [22:26.600 --> 22:30.320] you want to see those and you tell you tell him I was this guy on the radio and he said [22:30.320 --> 22:38.880] if I did that it would really tick you guys off did it when you when they don't have a [22:38.880 --> 22:47.380] charge against you and you go down there you are extremely dangerous you're like citizens [22:47.380 --> 22:53.840] are like might like walking through a minefield they never know which one's going to blow [22:53.840 --> 23:05.400] up on them they never know which one is married to the judge or has a relative high up in [23:05.400 --> 23:09.160] politics or something they never know when the sky is going to fall in on them especially [23:09.160 --> 23:16.120] when someone goes down and talks to them we do that a little bit we'll begin to find out [23:16.120 --> 23:22.320] how really frightened these people are I talked to people about the criminal justice system [23:22.320 --> 23:29.040] everybody's afraid of one thing I can assure you from my experience of dealing with them [23:29.040 --> 23:36.400] the people in the criminal justice system they're more afraid of it than you are you [23:36.400 --> 23:47.400] get to see it rarely and when you do you're shocked and amazed at how corrupt it is the [23:47.400 --> 23:55.560] police officers aren't they see it all the time they know exactly how corrupt it is now [23:55.560 --> 24:04.720] anybody out there who knows personally knows a police officer do you know a single police [24:04.720 --> 24:13.240] officer who thinks of himself as a jackbooted thug I know a number of police officers and [24:13.240 --> 24:19.840] all of them want to be the good guys we get a lot of people out here that hate the police [24:19.840 --> 24:27.600] and I'm going to tell you they are not the problem they didn't create this problem they [24:27.600 --> 24:32.840] dropped into this problem most people who get into law enforcement do it because they [24:32.840 --> 24:39.400] want to be the good guys they get in it and find out it's not anything like they thought [24:39.400 --> 24:49.640] it was being officer Joe that everybody likes and respects doesn't happen everybody hates [24:49.640 --> 24:56.400] and fears them because everybody they arrest gets screwed through the system they watch [24:56.400 --> 25:02.640] people getting screwed every day they hate it every policeman I've talked to hates the [25:02.640 --> 25:12.000] system and they are more afraid of it than you are you think you know how bad it is they [25:12.000 --> 25:17.040] are very well aware of how bad it is well it's their career it's their job yeah you [25:17.040 --> 25:23.960] know and so they could lose their livelihood and the last thing they want is that same [25:23.960 --> 25:31.640] system coming after them yeah exactly because they know they live in this skewed environment [25:31.640 --> 25:37.840] they see policemen committing crimes all the time they even have a special term for when [25:37.840 --> 25:47.280] a officer gets up on the stand and gives false testimony they call it testifying they see [25:47.280 --> 25:57.400] this all the time but then every once in a while when an officer is really really a scoundrel [25:57.400 --> 26:03.160] so bad he embarrasses everybody every once in a while they have to serve somebody up [26:03.160 --> 26:07.960] so they'll pick the worst rottenness scoundrel somebody they got to get rid of and they'll [26:07.960 --> 26:19.000] crucify him well what the police tend to see is they only see people get public officials [26:19.000 --> 26:26.040] get prosecuted and when they get prosecuted they get crucified they don't you know it [26:26.040 --> 26:32.280] doesn't occur to them that you really have to be a low-down scoundrel or they'll never [26:32.280 --> 26:37.200] come after you they tend not to think about it that way they just know that everyone they [26:37.200 --> 26:44.320] see prosecuted really gets crucified and they do not want it to happen to them they are [26:44.320 --> 26:54.200] more afraid of the system than you are they're most afraid of the knowledgeable citizen the [26:54.200 --> 27:01.000] sovereign the one who is not afraid of them who treats them with dignity and respect and [27:01.000 --> 27:06.280] demands that they perform their duty the guy who comes down there jumping up and down and [27:06.280 --> 27:11.200] waving his arms and demanding his rights and giving them legal advice they hear that all [27:11.200 --> 27:18.840] the time what they don't come across often is the guy who's done his homework and has [27:18.840 --> 27:27.880] a purpose in mind knows what his outcome is and moves them toward it this is what we do [27:27.880 --> 27:38.320] this is what we try to promote in everything that I do before the court I have clearly [27:38.320 --> 27:45.280] in mind what my ultimate outcome is you have to know that if you're you're going to be [27:45.280 --> 27:54.560] effective if you're going to exert power over these people you have to know where you're [27:54.560 --> 28:04.000] going if you don't know where you're going odds are you'll wind up somewhere else I didn't [28:04.000 --> 28:11.920] coin that I wish I had but know where you want to go know where you want to end up the [28:11.920 --> 28:17.560] steps in between they don't matter most of the people who deal in legal reform deal in [28:17.560 --> 28:23.880] the steps they want to go file this motion and then it doesn't work and they feel like [28:23.880 --> 28:28.600] you know something's wrong I've been mistreated oh this is horrible and then they go away [28:28.600 --> 28:39.860] frustrated and dejected I do lots of stuff but none of it is my ultimate end goal my [28:39.860 --> 28:47.960] ultimate end goal is to take the judge and place him in a position such that when he [28:47.960 --> 28:55.240] steps up behind the bench and looks out across the bar at the gallery I want him wondering [28:55.240 --> 29:03.120] which one which one of those jack legs are sitting out there waiting for me to render [29:03.120 --> 29:09.640] a ruling that he doesn't like so he can run down to the grand jury and try to get me indicted [29:09.640 --> 29:16.840] we get our judges in that position these problems we're having with the courts will simply go [29:16.840 --> 29:25.600] away the laws are all in place the structure is very well put together it's been honed [29:25.600 --> 29:33.520] over hundreds of years there's not a thing wrong with the Corpus Juris the thing that's [29:33.520 --> 29:37.200] wrong with you and me and I'll get to that right after the word all right we're going [29:37.200 --> 29:58.640] to break rule of law Randy Kelton and Deborah Stevens right here on ruleoflawradio.com [29:58.640 --> 30:02.760] Gold prices are at historic highs and with the recent pullback this is a great time to [30:02.760 --> 30:08.120] buy with the value of the dollar risks of inflation geopolitical uncertainties and instability [30:08.120 --> 30:13.400] in world financial systems I see gold going up much higher hi I'm Tim Fry at Roberts [30:13.400 --> 30:17.800] and Roberts brokerage everybody should have some of their assets in investment grade precious [30:17.800 --> 30:22.620] metals at Roberts and Roberts brokerage you can buy gold silver and platinum with confidence [30:22.620 --> 30:28.160] from a brokerage that specialized in the precious metals market since 1977 if you are new to [30:28.160 --> 30:32.640] precious metals we will happily provide you with the information you need to make it informed [30:32.640 --> 30:37.520] decision whether or not you choose to purchase from us also Roberts and Roberts brokerage [30:37.520 --> 30:41.560] values your privacy and will always advise you in the event that we would be required [30:41.560 --> 30:46.560] to report any transaction if you have gold silver platinum you'd like to sell we can [30:46.560 --> 30:53.760] convert it for immediate payment call us at 800-874-9760 we're Roberts and Roberts brokerage [30:53.760 --> 31:16.640] 800-874-9760 [31:24.760 --> 31:26.760] and I'm not gonna answer [31:27.760 --> 31:28.760] okay [31:28.760 --> 31:29.760] because [31:29.760 --> 31:31.760] Julie man she well gully [31:31.760 --> 31:33.760] she said she don't want no man were free [31:33.760 --> 31:34.760] because [31:34.760 --> 31:36.760] Julie man she well gully [31:36.760 --> 31:39.760] she said she only want helicopter burn and free [31:39.760 --> 31:42.760] because the man me say bring the money [31:42.760 --> 31:45.760] bring the money in US currency [31:45.760 --> 31:47.760] bring infinity give it to Julie [31:47.760 --> 31:50.760] Julie said she love to always pay [31:50.760 --> 31:53.760] so she only want me say US currency [31:53.760 --> 31:56.760] but now the economy getting badly [31:56.760 --> 31:59.760] while she losing a lot of money [31:59.760 --> 32:00.760] Julie said she only want me [32:00.760 --> 32:01.760] all right we are back [32:01.760 --> 32:03.760] Randy Kelton and Deborah Stevens [32:03.760 --> 32:06.760] ruleoflawradio.com [32:06.760 --> 32:09.760] all right we're presenting [32:09.760 --> 32:15.760] due process here for some of our newer listeners up in Omaha Nebraska and Sioux Falls South Dakota [32:15.760 --> 32:19.760] and we are going to be getting to some nuts and bolts pretty soon [32:19.760 --> 32:26.760] of what we can really do and what we need to look at and and knowing what to do about it in specific [32:26.760 --> 32:29.760] now they're going to be different from state to state [32:29.760 --> 32:35.760] the nuts and bolts depending on your own state statutes but for the most part it's going to be [32:35.760 --> 32:37.760] the principles are the same [32:37.760 --> 32:38.760] right Randy [32:38.760 --> 32:44.760] yes all the states essentially follow the federal guidelines [32:44.760 --> 32:49.760] the federal requirements pretty well form [32:49.760 --> 32:52.760] the structure of the statutes [32:52.760 --> 33:00.760] so if you understand one state and you look at another I went to Pennsylvania it took me two hours to go through their code [33:00.760 --> 33:05.760] because I go through it and ninety percent of it already knew [33:05.760 --> 33:08.760] but I found some gems in there [33:08.760 --> 33:12.760] and if I seem to be spending a lot of time on posture is because [33:12.760 --> 33:17.760] it is absolutely the most important part [33:17.760 --> 33:19.760] the statutes are okay [33:19.760 --> 33:24.760] but if you don't have the posture down it will come to nothing [33:24.760 --> 33:28.760] and you understand what their motivations are [33:28.760 --> 33:33.760] the police for the most part all of them I know are frustrated and angry [33:33.760 --> 33:39.760] nothing's like it's supposed to be they're not the good guys like they were intended to be the public hates them [33:39.760 --> 33:43.760] and they wind up turning that hate back on the public [33:43.760 --> 33:50.760] the prosecutors they go to law school and I'm sure when they're in law school prosecutors and defense attorneys [33:50.760 --> 33:57.760] they're not thinking you know they're I'm sorry they are thinking that when they get out they're going to make a difference [33:57.760 --> 34:00.760] they're going to be able to help people [34:00.760 --> 34:03.760] and further the law [34:03.760 --> 34:10.760] when they get out what they find out they're really going to do is they're going to kiss arrogant judges behind [34:10.760 --> 34:15.760] because if they don't those judges will put them out of business [34:15.760 --> 34:23.760] now I doubt that many attorneys went to law school thinking oh I'm going to spend my career kissing judges behind [34:23.760 --> 34:25.760] they're not very happy either [34:25.760 --> 34:28.760] the system is a mess [34:28.760 --> 34:32.760] the police and the prosecutors did not create this [34:32.760 --> 34:35.760] they stepped into it [34:35.760 --> 34:37.760] the ones who created it [34:37.760 --> 34:40.760] you and me [34:40.760 --> 34:49.760] we didn't stand up and scream bloody murder the first time one of our officials stepped across a legal line and this is what I suggest [34:49.760 --> 34:55.760] you find the tiniest thing you can go after them with [34:55.760 --> 34:59.760] don't wait until they do something really horrendous [34:59.760 --> 35:01.760] find a tiny thing [35:01.760 --> 35:04.760] it's a lot easier to go after them over something small [35:04.760 --> 35:07.760] I think of them like I do my grandkids [35:07.760 --> 35:09.760] I love my grandkids dearly [35:09.760 --> 35:12.760] but if one of them runs out in the road [35:12.760 --> 35:15.760] I'm fixing tan his hide [35:15.760 --> 35:18.760] I'm not going to wait until he nearly gets run over [35:18.760 --> 35:20.760] I'm going to tan his hide the first time [35:20.760 --> 35:24.760] so we don't have to go to those other levels [35:24.760 --> 35:29.760] and this program is about how to do this [35:29.760 --> 35:32.760] and I know a lot of you people are thinking [35:32.760 --> 35:35.760] well those dirty rotten jackbooty thugs [35:35.760 --> 35:38.760] I really want to kick their behinds [35:38.760 --> 35:42.760] well you'll appreciate the fact that [35:42.760 --> 35:44.760] yeah I'm going to do that too [35:44.760 --> 35:47.760] but I'm not going to do it out of anger or malice [35:47.760 --> 35:53.760] I'm going to do it in order to achieve my outcome [35:53.760 --> 35:56.760] just like one of my kids [35:56.760 --> 35:59.760] my grandkids if he runs out in the road [35:59.760 --> 36:01.760] I'm going to tan his hide [36:01.760 --> 36:03.760] I'm going to tan the policeman's hide [36:03.760 --> 36:05.760] but not because I'm angry at him [36:05.760 --> 36:08.760] or not because I want to harm him [36:08.760 --> 36:12.760] always because I want to fix the system [36:12.760 --> 36:15.760] so when I file criminal charges against a police officer [36:15.760 --> 36:23.760] if I file them over something that appears to be nothing [36:23.760 --> 36:29.760] it has more effect than something that's a big deal [36:29.760 --> 36:32.760] and it's easier for us to do that [36:32.760 --> 36:35.760] we're not getting into some major catastrophe [36:35.760 --> 36:39.760] they're finding out just a small little misstep [36:39.760 --> 36:41.760] and they can get stung good [36:41.760 --> 36:44.760] it keeps the bigger ones from happening [36:44.760 --> 36:47.760] okay with that said [36:47.760 --> 36:49.760] now we go to how it's supposed to work [36:49.760 --> 36:53.760] if anybody has been arrested in Texas [36:53.760 --> 36:57.760] and I've done seminars all over the state [36:57.760 --> 36:59.760] the state all over the country [36:59.760 --> 37:02.760] and most everywhere I go they say the same thing [37:02.760 --> 37:06.760] it's almost the same in every state [37:06.760 --> 37:09.760] if you are arrested for any reason [37:09.760 --> 37:11.760] with or without a warrant [37:11.760 --> 37:15.760] you must be taken directly to the nearest magistrate [37:15.760 --> 37:18.760] that comes from the federal requirements [37:18.760 --> 37:20.760] it comes from the requirement that [37:20.760 --> 37:27.760] the police must not have the power to arrest and imprison [37:27.760 --> 37:30.760] I was sitting with an attorney today [37:30.760 --> 37:34.760] who didn't want to argue my motions in court [37:34.760 --> 37:37.760] and I asked the attorney [37:37.760 --> 37:43.760] what do you think is the average conviction rate in Texas? [37:43.760 --> 37:48.760] he said I'm not sure what you're asking [37:48.760 --> 37:52.760] I said how many people from the time they're charged [37:52.760 --> 37:55.760] from the point of being charged [37:55.760 --> 37:57.760] wind up convicted? [37:57.760 --> 37:59.760] oh 80%? [37:59.760 --> 38:02.760] try a little higher, 90? [38:02.760 --> 38:06.760] try 99.6 [38:06.760 --> 38:12.760] the United States has 4% of the world's population [38:12.760 --> 38:17.760] we hold 50% of the world's population of inmates [38:17.760 --> 38:22.760] how would you define a police state? [38:22.760 --> 38:24.760] we are in a police state [38:24.760 --> 38:29.760] and we're in a police state because we haven't forced our public officials to follow law [38:29.760 --> 38:33.760] and our founders knew how to keep this from happening [38:33.760 --> 38:40.760] they said a policeman shall not have the power to arrest and imprison [38:40.760 --> 38:43.760] it will lead to disaster [38:43.760 --> 38:48.760] it will lead to exactly the disaster we experience today [38:48.760 --> 38:52.760] a policeman has the power to arrest for an on-site offense [38:52.760 --> 38:57.760] or if he has knowledge that there is an existing warrant [38:57.760 --> 38:59.760] but in either case [38:59.760 --> 39:05.760] he is to take the person arrested directly to the nearest magistrate and explain himself [39:05.760 --> 39:09.760] it's not because they don't trust the policeman [39:09.760 --> 39:11.760] that's not the point [39:11.760 --> 39:13.760] the point is [39:13.760 --> 39:15.760] we don't trust the policeman [39:15.760 --> 39:19.760] the point is we don't trust any one branch of government [39:19.760 --> 39:21.760] to have all the power [39:21.760 --> 39:23.760] that's the point [39:23.760 --> 39:25.760] it is because we don't trust the policeman [39:25.760 --> 39:29.760] it's because we don't trust any one single entity [39:29.760 --> 39:32.760] that's why we have a separation of powers [39:32.760 --> 39:36.760] it's not like we don't trust that individual policeman [39:36.760 --> 39:39.760] no, it has nothing to do with the individual policeman [39:39.760 --> 39:41.760] it's that we don't trust the entity as a whole [39:41.760 --> 39:44.760] the executive branch, we don't trust the entity as a whole [39:44.760 --> 39:48.760] the court system, we don't trust any one single entity [39:48.760 --> 39:51.760] that's why we have a separation of powers [39:51.760 --> 39:57.760] our founders understood the nature of the living animal [39:57.760 --> 40:00.760] they understood the nature of human beings [40:00.760 --> 40:06.760] given power, unbridled power tends to corrupt itself [40:06.760 --> 40:08.760] so to keep that from happening [40:08.760 --> 40:13.760] they put checks and balances in place [40:13.760 --> 40:19.760] and one of the primary checks to the abuse of power [40:19.760 --> 40:22.760] was not allowing a police officer [40:22.760 --> 40:24.760] to arrest and imprison someone [40:24.760 --> 40:28.760] they wanted the police officer to take the person before a magistrate [40:28.760 --> 40:31.760] and explain himself [40:31.760 --> 40:34.760] and what that has the effect of [40:34.760 --> 40:40.760] is giving the individual at least the impression [40:40.760 --> 40:45.760] that someone else will decide whether he goes to prison or not [40:45.760 --> 40:47.760] not the police officer [40:47.760 --> 40:51.760] well somebody else better be actually doing the deciding [40:51.760 --> 40:55.760] not just giving us the impression that that's what's going on [40:55.760 --> 40:57.760] that better be the way it really is [40:57.760 --> 41:01.760] because I'm not going to stop until that's the way that it really is [41:01.760 --> 41:03.760] I agree, I'm not either [41:03.760 --> 41:07.760] if, our founders were, they were pretty smart [41:07.760 --> 41:10.760] I don't think our founders intended to just give an impression, Randy [41:10.760 --> 41:14.760] I think our founders intended for that to actually be the way it really is [41:14.760 --> 41:18.760] I really don't want to bandy words here [41:18.760 --> 41:22.760] an impression would be, that would be enough [41:22.760 --> 41:25.760] but no, that's not what they intended [41:25.760 --> 41:28.760] it wouldn't be enough for me [41:28.760 --> 41:32.760] it would change the whole face of the legal system [41:32.760 --> 41:36.760] if we only got that much [41:36.760 --> 41:40.760] but they required a lot more than that [41:40.760 --> 41:45.760] what they required was that the magistrate [41:45.760 --> 41:48.760] perform an examining trial [41:48.760 --> 41:51.760] okay I'm going to back up and go through some statutes [41:51.760 --> 41:57.760] 14.06 code of criminal procedure commands the officer when he makes an arrest [41:57.760 --> 42:03.760] to take the person arrested directly to the nearest magistrate [42:03.760 --> 42:10.760] 210 code of criminal procedure tells a magistrate that [42:10.760 --> 42:15.760] it shall be the duty of the magistrate to keep the peace in his jurisdiction [42:15.760 --> 42:19.760] that he'll cause the arrest of all offenders [42:19.760 --> 42:22.760] and issue all processes [42:22.760 --> 42:27.760] 2.11 code of criminal procedure [42:27.760 --> 42:31.760] tells the police officer [42:31.760 --> 42:35.760] I'm sorry, tells the magistrate that [42:35.760 --> 42:40.760] when a magistrate sits for the purpose [42:40.760 --> 42:44.760] of examining into a criminal accusation [42:44.760 --> 42:48.760] that is an examining trial [42:48.760 --> 42:55.760] so when a person is arrested they're brought before a magistrate [42:55.760 --> 43:01.760] it's the duty of the magistrate to hold an examining trial [43:01.760 --> 43:04.760] and chapter 16 code of criminal procedure [43:04.760 --> 43:10.760] a whole chapter covers what's done in an examining trial [43:10.760 --> 43:15.760] and it starts out with the standard Miranda [43:15.760 --> 43:20.760] it essentially starts out with the article 1 [43:20.760 --> 43:22.760] let's see [43:22.760 --> 43:26.760] article 1 paragraph 10 [43:26.760 --> 43:29.760] Texas Constitution [43:29.760 --> 43:32.760] De Bill Rice [43:32.760 --> 43:35.760] you have right to counsel [43:35.760 --> 43:37.760] against self-incrimination [43:37.760 --> 43:39.760] all these things he does first [43:39.760 --> 43:41.760] and we'll walk down the list when we get back [43:41.760 --> 43:48.760] all right, excellent, we'll be right back, this is the rule of law, Randy Kelton and Deborah Stevens on ruleoflawradio.com [43:48.760 --> 43:50.760] we'll be right back [43:58.760 --> 44:00.760] stock markets are taking hit after hit [44:00.760 --> 44:04.760] corrupt bankers are choking on subprime debt [44:04.760 --> 44:08.760] the Fed is busy printing dollars, dollars and more dollars [44:08.760 --> 44:12.760] to bail out Wall Street, banks and the US car industry [44:12.760 --> 44:15.760] as investors scramble for safety in the metals [44:15.760 --> 44:18.760] in the face of a further devaluation of the dollar [44:18.760 --> 44:21.760] the price of silver will only increase [44:21.760 --> 44:28.760] some of the world's leading financial analysts believe that silver is one of the world's most important commodities [44:28.760 --> 44:31.760] with unparalleled investment opportunity for the future [44:31.760 --> 44:37.760] now is the time to buy silver before it heads for $75 an ounce [44:37.760 --> 44:43.760] and the yellow metal roars back past $1,000 an ounce to new highs [44:43.760 --> 44:49.760] call Maximus Holdings now at 407-608-5430 [44:49.760 --> 44:55.760] to find out how you can turn your IRA and 401k into a solid investment [44:55.760 --> 44:58.760] silver without any penalties for early withdrawal [44:58.760 --> 45:01.760] even if you don't have a retirement account yet [45:01.760 --> 45:04.760] we have fantastic investment opportunities for you [45:04.760 --> 45:11.760] call Maximus Holdings at 407-608-5430 for more information [45:34.760 --> 45:37.760] we could not wait any longer [45:37.760 --> 45:39.760] would your purpose have to be done? [45:39.760 --> 45:43.760] such a symptom and a soldier, a warrior of love [45:43.760 --> 45:45.760] scaffolding to keep the peace [45:45.760 --> 45:48.760] all they're taking is a misunderstanding [45:48.760 --> 45:51.760] and somebody calls the police [45:51.760 --> 46:05.760] watching the sparks fly [46:05.760 --> 46:08.760] alright, we are back, the rule of law [46:08.760 --> 46:11.760] on ruleoflawradio.com [46:11.760 --> 46:15.760] alright, we're going over some statutes, some nuts and bolts here [46:15.760 --> 46:24.760] for those of us who want hands-on practical solutions of how to solve this problem [46:24.760 --> 46:29.760] during the break I was looking for a quote, I found it [46:29.760 --> 46:32.760] this is from USV McNabb [46:32.760 --> 46:38.760] a democratic society in which respect for the dignity of all men is central [46:38.760 --> 46:43.760] naturally guards against the misuse of the law enforcement process [46:43.760 --> 46:49.760] zeal in tracking down crime is not in itself an assurance of soberness of judgment [46:49.760 --> 46:57.760] disinterredness in law enforcement does not alone prevent disregard for cherished liberties [46:57.760 --> 47:02.760] experience has therefore counseled that safeguards must be provided [47:02.760 --> 47:07.760] against the dangers of the overzealous as well as the despotic [47:07.760 --> 47:13.760] the awful instruments of the criminal law cannot be entrusted to a single functionary [47:13.760 --> 47:19.760] a complicated process of criminal justice is therefore divided into different parts [47:19.760 --> 47:24.760] responsibility for which is separately vested in the various participants [47:24.760 --> 47:29.760] upon whom the criminal law relies for its vindication [47:29.760 --> 47:33.760] this is what we're talking about [47:33.760 --> 47:40.760] in law there are requirements our legislature has put in place [47:40.760 --> 47:46.760] and it is the duty of our public officials to follow those laws [47:46.760 --> 47:53.760] if they follow them all, 90% of our problems will take care of themselves [47:53.760 --> 47:55.760] back to where we were, okay [47:55.760 --> 48:01.760] if you're arrested, the arresting officer is required to take you to the nearest magistrate [48:01.760 --> 48:03.760] and explain himself [48:03.760 --> 48:10.760] the magistrate is to hold an examination into the sufficiency of the allegation [48:10.760 --> 48:15.760] in an examining trial the rules of evidence apply [48:15.760 --> 48:20.760] if anybody here has been arrested in Texas and probably most any other state [48:20.760 --> 48:23.760] they were taken directly to jail [48:23.760 --> 48:26.760] held for a while and run through the booking process [48:26.760 --> 48:30.760] and then brought before a magistrate [48:30.760 --> 48:32.760] the problem with that [48:32.760 --> 48:37.760] the first problem is you have a right to be faced by the accuser in any hearing [48:37.760 --> 48:42.760] well in this one your accuser is going to be a jailer [48:42.760 --> 48:45.760] for the most part, it's not going to be the arresting officer [48:45.760 --> 48:49.760] at least in Texas it will be the jailer [48:49.760 --> 48:52.760] the jailer has no personal knowledge of the crime that was committed [48:52.760 --> 48:55.760] he only knows what the police officer told him [48:55.760 --> 49:02.760] and in Texas and in most every other state based on Spanish law [49:02.760 --> 49:05.760] anyone who has knowledge of a crime [49:05.760 --> 49:07.760] even if it's hearsay knowledge [49:07.760 --> 49:10.760] can file a criminal complaint [49:10.760 --> 49:13.760] because what a criminal complaint is [49:13.760 --> 49:18.760] is merely a document notifying the court [49:18.760 --> 49:22.760] that some sovereign citizen has reason to believe [49:22.760 --> 49:24.760] and does believe [49:24.760 --> 49:29.760] that a certain person committed a particular criminal act [49:29.760 --> 49:32.760] all it is is notice [49:32.760 --> 49:36.760] so when I talk about filing criminal complaints [49:36.760 --> 49:39.760] you're really safe when you do that [49:39.760 --> 49:42.760] because you don't harm anybody [49:42.760 --> 49:46.760] you just notify the court that you have reason to believe a crime has been committed [49:46.760 --> 49:50.760] and then it is the duty of the court [49:50.760 --> 49:53.760] to examine into the sufficiency of the allegation [49:53.760 --> 49:57.760] well, in this case you had the arresting officer [49:57.760 --> 50:00.760] the guy who actually had personal knowledge [50:00.760 --> 50:04.760] who was supposed to take you directly to the magistrate [50:04.760 --> 50:06.760] but he didn't, took you to jail [50:06.760 --> 50:08.760] as a matter of policy [50:08.760 --> 50:09.760] gives you the jailer [50:09.760 --> 50:12.760] and then because the officer is not there to swear out the complaint [50:12.760 --> 50:14.760] and give it to the judge [50:14.760 --> 50:17.760] the jailer fills out the complaint and gives it to the judge [50:17.760 --> 50:19.760] problem is [50:19.760 --> 50:24.760] he gives it to the judge outside your presence [50:24.760 --> 50:26.760] if you go before the judge [50:26.760 --> 50:31.760] the judge will already have the file with your name on it [50:31.760 --> 50:34.760] and the allegations against you [50:34.760 --> 50:36.760] he will as a matter of course [50:36.760 --> 50:39.760] advise you of your rights [50:39.760 --> 50:46.760] he will advise you of the rights he is in the process of denying [50:46.760 --> 50:50.760] then he will advise you of the amount of bail [50:50.760 --> 50:52.760] what the courts will say is [50:52.760 --> 50:54.760] well, that's not an examining trial [50:54.760 --> 50:57.760] that's a magistration [50:57.760 --> 50:59.760] and I ask them [50:59.760 --> 51:02.760] what's a magistration? [51:02.760 --> 51:05.760] I type magistration into Microsoft Word [51:05.760 --> 51:07.760] and it puts this little red line under it [51:07.760 --> 51:09.760] well, and what I want to know is [51:09.760 --> 51:11.760] even if it is a magistration [51:11.760 --> 51:14.760] whether or not that's a legitimate legal term [51:14.760 --> 51:16.760] I want to know [51:16.760 --> 51:18.760] if that's a magistration and it's not an examining trial [51:18.760 --> 51:20.760] well, when is the examining trial? [51:20.760 --> 51:22.760] because the examining trial has to happen [51:22.760 --> 51:24.760] that's what it says in the statute [51:24.760 --> 51:26.760] so when did you have it? [51:26.760 --> 51:30.760] when did these guys decide to set my bail? [51:30.760 --> 51:33.760] because bail can only be set at an examining trial [51:33.760 --> 51:35.760] so when did the examining trial happen? [51:35.760 --> 51:38.760] because I sure wasn't there [51:38.760 --> 51:40.760] when was it? [51:40.760 --> 51:43.760] sounds like it was something that happened ex parte to me [51:43.760 --> 51:45.760] I blew my timing there [51:45.760 --> 51:46.760] I was getting to that [51:46.760 --> 51:48.760] I was going to get to that [51:48.760 --> 51:50.760] okay, okay, yeah [51:50.760 --> 51:52.760] and she's exactly right [51:52.760 --> 51:54.760] when did [51:54.760 --> 51:56.760] and frankly this little statute [51:56.760 --> 51:58.760] and this is why I tell people read the code [51:58.760 --> 52:00.760] you will find little gems in there [52:00.760 --> 52:02.760] I had read this statute [52:02.760 --> 52:04.760] and it didn't occur to me what it meant [52:04.760 --> 52:08.760] 17.05 Code of Criminal Procedure said [52:08.760 --> 52:12.760] bail is taken by a magistrate after an examining trial [52:12.760 --> 52:15.760] by a judge in habeas corpus [52:15.760 --> 52:18.760] by a police officer under 17.20 21.22 [52:18.760 --> 52:21.760] and those are three cases where bail is preset [52:21.760 --> 52:25.760] by tickets and minor offenses [52:25.760 --> 52:30.760] it took a long time for it to dawn on me what that said [52:30.760 --> 52:36.760] when the legislature stipulates something [52:36.760 --> 52:40.760] stipulates something in the positive [52:40.760 --> 52:48.760] it is presumed that those things not stipulated are excluded [52:48.760 --> 52:53.760] it said bail is taken by a magistrate after an examining trial [52:53.760 --> 52:55.760] and what that means is [52:55.760 --> 53:05.760] bail is only taken by a magistrate in this single specified situation [53:05.760 --> 53:07.760] no others [53:07.760 --> 53:10.760] that's not listed is excluded [53:10.760 --> 53:12.760] so [53:12.760 --> 53:14.760] judge comes in front of you [53:14.760 --> 53:16.760] reads you the charges [53:16.760 --> 53:18.760] tells you what the bail is [53:18.760 --> 53:19.760] tells you what the bail is [53:19.760 --> 53:21.760] a lot of them ask how you plead [53:21.760 --> 53:23.760] tell you what the bail is [53:23.760 --> 53:25.760] okay bubba [53:25.760 --> 53:27.760] who set that bail [53:27.760 --> 53:33.760] and when did you hold a hearing under chapter 16 [53:33.760 --> 53:35.760] 16.01 [53:35.760 --> 53:37.760] you have to advise me all my rights [53:37.760 --> 53:39.760] make an attorney available if I want one [53:39.760 --> 53:41.760] grant a continuance [53:41.760 --> 53:44.760] time to get an attorney if I demand one [53:44.760 --> 53:49.760] and then I also have a right to [53:49.760 --> 53:53.760] certify the evidence [53:53.760 --> 53:57.760] I have a right to cross examine the witness against me [53:57.760 --> 53:59.760] there's a whole stack of them [53:59.760 --> 54:02.760] in my writ I isolate [54:02.760 --> 54:07.760] eight class A misdemeanors the judge commits [54:07.760 --> 54:10.760] eight rights that he denies you [54:10.760 --> 54:16.760] by not holding the examining trial with you present [54:16.760 --> 54:19.760] what's going on here [54:19.760 --> 54:22.760] is the prosecutors are telling [54:22.760 --> 54:25.760] judges or magistrates [54:25.760 --> 54:28.760] that they're doing a magistration hearing [54:28.760 --> 54:30.760] they made that up [54:30.760 --> 54:37.760] so that the judge won't realize that what he's actually doing is an examining trial [54:37.760 --> 54:39.760] the reason they do that [54:39.760 --> 54:42.760] is they don't want the records of this arrest [54:42.760 --> 54:45.760] hitting the clerk of the court for the most part [54:45.760 --> 54:48.760] there are a couple of counties that I've come across [54:48.760 --> 54:52.760] that do get the records to the clerk immediately [54:52.760 --> 54:54.760] but for the most part [54:54.760 --> 54:58.760] the magistrate will hold that hearing [54:58.760 --> 55:01.760] the magistration thing they call it [55:01.760 --> 55:05.760] gather up all the records and give them to somebody else [55:05.760 --> 55:12.760] and even in Travis County where the records wind up in the hands of the clerk quickly [55:12.760 --> 55:18.760] I am absolutely certain that the magistrate does not follow law [55:18.760 --> 55:23.760] what article 17.30 says [55:23.760 --> 55:27.760] under certify proceedings [55:27.760 --> 55:31.760] magistrate shall certify all proceedings had in the hearing [55:31.760 --> 55:34.760] and this is referenced to an examining trial [55:34.760 --> 55:37.760] shall seal all documents had in the hearing [55:37.760 --> 55:40.760] in an envelope causes name to be written across the seal [55:40.760 --> 55:43.760] and forwarded to the clerk of the court of jurisdiction [55:43.760 --> 55:46.760] I'm paraphrasing I left a little of the wordiness out [55:46.760 --> 55:49.760] but he's to seal all the documents had in the hearing [55:49.760 --> 55:53.760] write his name across the seal [55:53.760 --> 55:56.760] now why would they do that [55:56.760 --> 55:59.760] okay I'll tell you why [55:59.760 --> 56:05.760] in order for the court to have subject matter jurisdiction [56:05.760 --> 56:12.760] someone must place in the hand of the magistrate a criminal complaint [56:12.760 --> 56:15.760] now when a criminal complaint is put in a judge's hand [56:15.760 --> 56:19.760] the judge stops being a judge [56:19.760 --> 56:21.760] and puts on the judge's second hat [56:21.760 --> 56:24.760] judges wear two hats [56:24.760 --> 56:27.760] one is a judge one is a magistrate [56:27.760 --> 56:30.760] magistrates can only do two things [56:30.760 --> 56:32.760] they can marry people [56:32.760 --> 56:37.760] and they can hold examining trials [56:37.760 --> 56:39.760] that's it [56:39.760 --> 56:42.760] well the judge might be a mayor [56:42.760 --> 56:46.760] or it might be a municipal judge or a justice of the peace [56:46.760 --> 56:50.760] who is an inferior court judge [56:50.760 --> 56:53.760] in that by inferior they mean [56:53.760 --> 56:59.760] these courts can be ruled over by a non-attorney judicial officer [56:59.760 --> 57:02.760] so the guy just might be a layman [57:02.760 --> 57:07.760] and he's sitting as a judge so if you go before a magistrate who's not a judge [57:07.760 --> 57:10.760] and you have a complicated situation here [57:10.760 --> 57:14.760] he might not understand the legal particulars [57:14.760 --> 57:18.760] or he might just not do a good job [57:18.760 --> 57:21.760] and you have a right to contest [57:21.760 --> 57:25.760] the probable cause determination before a court of record [57:25.760 --> 57:29.760] before a judge who is a learned counsel [57:29.760 --> 57:33.760] so they ask this judge who could be an inferior judge [57:33.760 --> 57:37.760] to seal all the records he used to make the legal determination [57:37.760 --> 57:42.760] in an envelope caused by a name derivative across the seal and forth to the court jurisdiction [57:42.760 --> 57:48.760] that way if you challenge the sufficiency of the probable cause hearing and a franks hearing [57:48.760 --> 57:55.760] then all of the records the judge had before him are in the court record [57:55.760 --> 57:58.760] except in Texas they're not [57:58.760 --> 58:05.760] because in no jurisdiction have I found the records in the court record [58:05.760 --> 58:10.760] and right after break I'll go to why that is and I'll try to close this up [58:10.760 --> 58:17.760] after this next segment so we can go to questions [58:17.760 --> 58:19.760] alright very good this is the rule of law [58:19.760 --> 58:23.760] Randy Kelton and Deborah Stevens on rule of law radio [58:23.760 --> 58:49.760] we'll be right back [58:53.760 --> 59:01.760] Are you the plaintiff or defendant in a lawsuit? [59:01.760 --> 59:04.760] Win your case without an attorney with Jurisdictionary [59:04.760 --> 59:08.760] the affordable easy to understand 4 CD course [59:08.760 --> 59:12.760] that will show you how in 24 hours step by step [59:12.760 --> 59:16.760] if you have a lawyer know what your lawyer should be doing [59:16.760 --> 59:20.760] if you don't have a lawyer know what you should do for yourself [59:20.760 --> 59:23.760] thousands have won with our step by step course [59:23.760 --> 59:25.760] and now you can too [59:25.760 --> 59:28.760] Jurisdictionary was created by a licensed attorney [59:28.760 --> 59:31.760] with 22 years of case winning experience [59:31.760 --> 59:33.760] even if you're not in a lawsuit [59:33.760 --> 59:36.760] you can learn what everyone should understand [59:36.760 --> 59:40.760] about the principles and practices that control our American courts [59:40.760 --> 59:45.760] you'll receive our audio classroom, video seminar, tutorials [59:45.760 --> 59:49.760] forms for civil cases, pro se tactics and much more [59:49.760 --> 59:53.760] please visit wtprn.com and click on the banner [59:53.760 --> 01:00:20.760] or call toll free 866-LAW-EZ [01:00:23.760 --> 01:00:39.760] Neba Neba get your dog on the yard [01:00:39.760 --> 01:00:41.760] I try to do the sleeping [01:00:41.760 --> 01:00:43.760] the dog a little barking [01:00:43.760 --> 01:00:45.760] disturbing me when I'm flexing [01:00:45.760 --> 01:00:47.760] Neba dog disturbing [01:00:47.760 --> 01:00:49.760] I give them some Kit Kat [01:00:49.760 --> 01:00:51.760] chocolateing, eating [01:00:51.760 --> 01:00:53.760] how could a dog be chewing [01:00:53.760 --> 01:00:55.760] no one can do barking [01:00:55.760 --> 01:00:57.760] Neba come a arguing [01:00:57.760 --> 01:00:59.760] tell me how did a dog missing [01:00:59.760 --> 01:01:01.760] tell me Neba what's happening [01:01:01.760 --> 01:01:03.760] six or one to half a dozen [01:01:03.760 --> 01:01:05.760] same thing same thing Neba [01:01:05.760 --> 01:01:07.760] get your dog on the yard [01:01:07.760 --> 01:01:09.760] out with me backyard [01:01:09.760 --> 01:01:11.760] he disturbing me [01:01:11.760 --> 01:01:13.760] but tell him Neba had never [01:01:13.760 --> 01:01:19.760] get your dog out of me backyard [01:01:19.760 --> 01:01:21.760] Neba Neba [01:01:21.760 --> 01:01:27.760] get your dog out of me backyard [01:01:27.760 --> 01:01:29.760] I gave him sponge him eating [01:01:29.760 --> 01:01:31.760] gave him bread him eating [01:01:31.760 --> 01:01:33.760] watch out the dog digesting [01:01:33.760 --> 01:01:35.760] wouldn't stop from barking [01:01:35.760 --> 01:01:37.760] fast in Neba peeping [01:01:37.760 --> 01:01:39.760] looking over seeking [01:01:39.760 --> 01:01:41.760] your dog in my yard [01:01:41.760 --> 01:01:43.760] barking disturbing [01:01:43.760 --> 01:01:45.760] when he just start sleeping [01:01:45.760 --> 01:01:47.760] your dog barking barking [01:01:47.760 --> 01:01:49.760] your rooster running crowing [01:01:49.760 --> 01:01:51.760] how they think I'm barking [01:01:51.760 --> 01:01:53.760] you know that's a wrong thing [01:01:53.760 --> 01:01:55.760] with me you still arguing [01:01:55.760 --> 01:01:57.760] tell me how you like it [01:01:57.760 --> 01:01:59.760] how your dog is barking [01:01:59.760 --> 01:02:01.760] let you know I'm warning [01:02:01.760 --> 01:02:03.760] but your dog bark too much and think [01:02:03.760 --> 01:02:05.760] disturbing Neba would ya [01:02:05.760 --> 01:02:07.760] people get feeling anger [01:02:07.760 --> 01:02:09.760] that's why I give them Kit Kat [01:02:09.760 --> 01:02:11.760] and the dog a chew that [01:02:11.760 --> 01:02:13.760] now the dog do chewing [01:02:13.760 --> 01:02:15.760] now the dog not barking [01:02:15.760 --> 01:02:17.760] so Neba Neba [01:02:17.760 --> 01:02:21.760] get your dog out of me yard [01:02:21.760 --> 01:02:23.760] alright Neba Neba [01:02:23.760 --> 01:02:25.760] run him out [01:02:25.760 --> 01:02:27.760] get your dog out of my yard [01:02:29.760 --> 01:02:31.760] now he goes out to Randy in Austin [01:02:35.760 --> 01:02:37.760] favorite Patsy's [01:02:37.760 --> 01:02:39.760] one of our favorite callers [01:02:39.760 --> 01:02:41.760] okay so at any rate we're going over some statute [01:02:41.760 --> 01:02:43.760] and we're going to start taking your calls here pretty soon [01:02:43.760 --> 01:02:47.760] but Randy wanted to finish up on a few points here [01:02:47.760 --> 01:02:49.760] okay what happens [01:02:49.760 --> 01:02:51.760] is the magistrate [01:02:51.760 --> 01:02:53.760] doesn't send the records to the clerk of the court [01:02:53.760 --> 01:02:55.760] gives them back to the jailer [01:02:55.760 --> 01:02:57.760] problem with that is [01:02:57.760 --> 01:02:59.760] is they become corrupted [01:02:59.760 --> 01:03:01.760] we don't know what was in there [01:03:01.760 --> 01:03:03.760] in most counties they never get [01:03:03.760 --> 01:03:05.760] to the clerk of the court [01:03:05.760 --> 01:03:07.760] so what the problem is [01:03:07.760 --> 01:03:09.760] is that criminal complaint [01:03:09.760 --> 01:03:11.760] that gave the magistrate [01:03:11.760 --> 01:03:13.760] subject matter jurisdiction [01:03:13.760 --> 01:03:15.760] has to move to the clerk of the court [01:03:15.760 --> 01:03:17.760] to transfer jurisdiction there [01:03:17.760 --> 01:03:19.760] because if there is no complaint [01:03:19.760 --> 01:03:21.760] in the court record [01:03:21.760 --> 01:03:23.760] there is no cause of action [01:03:23.760 --> 01:03:25.760] there's no subject matter jurisdiction [01:03:25.760 --> 01:03:27.760] the court must have a criminal complaint [01:03:27.760 --> 01:03:29.760] by some credible citizen [01:03:29.760 --> 01:03:31.760] then it must have a determination of probable cause [01:03:31.760 --> 01:03:33.760] by a magistrate [01:03:33.760 --> 01:03:35.760] from a proper examining trial [01:03:35.760 --> 01:03:37.760] and if the person [01:03:37.760 --> 01:03:39.760] was not arrested on a warrant [01:03:39.760 --> 01:03:41.760] the magistrate must [01:03:41.760 --> 01:03:43.760] prepare a warrant [01:03:43.760 --> 01:03:45.760] and an order [01:03:45.760 --> 01:03:47.760] 1617 requires the magistrate [01:03:47.760 --> 01:03:49.760] after he makes a determination of probable cause [01:03:49.760 --> 01:03:51.760] to prepare an order and file it with the court [01:03:51.760 --> 01:03:53.760] if it's not filed [01:03:53.760 --> 01:03:55.760] within 48 hours [01:03:55.760 --> 01:03:57.760] the statute clearly states [01:03:57.760 --> 01:03:59.760] a finding of no probable cause [01:03:59.760 --> 01:04:01.760] is entered in the court [01:04:01.760 --> 01:04:03.760] so there has to be this order [01:04:03.760 --> 01:04:05.760] and then if there's no warrant [01:04:05.760 --> 01:04:07.760] the magistrate has to create [01:04:07.760 --> 01:04:09.760] a warrant [01:04:09.760 --> 01:04:11.760] under 16.20 [01:04:11.760 --> 01:04:13.760] and the criminal complaint [01:04:13.760 --> 01:04:15.760] in support of the warrant [01:04:15.760 --> 01:04:17.760] gives the court subject matter [01:04:17.760 --> 01:04:19.760] jurisdiction without those documents [01:04:19.760 --> 01:04:21.760] there is no subject matter jurisdiction [01:04:21.760 --> 01:04:23.760] I've yet to find [01:04:23.760 --> 01:04:25.760] a jurisdiction that had those [01:04:25.760 --> 01:04:27.760] documents in them [01:04:27.760 --> 01:04:29.760] and if the [01:04:29.760 --> 01:04:31.760] magistrate fails to [01:04:31.760 --> 01:04:33.760] seal all the documents and [01:04:33.760 --> 01:04:35.760] forward them to the clerk of the court [01:04:35.760 --> 01:04:37.760] well he has secreted government [01:04:37.760 --> 01:04:39.760] documents from the department of person [01:04:39.760 --> 01:04:41.760] they are directed to [01:04:41.760 --> 01:04:43.760] and that's a felony [01:04:43.760 --> 01:04:45.760] in Texas [01:04:45.760 --> 01:04:47.760] and [01:04:47.760 --> 01:04:49.760] quickly we'll jump back to the [01:04:49.760 --> 01:04:51.760] police officer [01:04:51.760 --> 01:04:53.760] police officer arrests you [01:04:53.760 --> 01:04:55.760] searches you, cuffs you [01:04:55.760 --> 01:04:57.760] stuffs you in a patrol car [01:04:57.760 --> 01:04:59.760] he has done those things [01:04:59.760 --> 01:05:01.760] addressed by Gerstein Pugh [01:05:01.760 --> 01:05:03.760] when he said it'd be better if everybody's arrested [01:05:03.760 --> 01:05:05.760] with a warrant [01:05:05.760 --> 01:05:07.760] but it is a practical compromise to allow [01:05:07.760 --> 01:05:09.760] a police officer to arrest for an on-site offense [01:05:09.760 --> 01:05:11.760] or for a [01:05:11.760 --> 01:05:13.760] felony if there's [01:05:13.760 --> 01:05:15.760] imminent danger of the accused escaping [01:05:15.760 --> 01:05:17.760] and he may do [01:05:17.760 --> 01:05:19.760] those things ancillary to arrest [01:05:19.760 --> 01:05:21.760] to ensure the safety of the officer and guard against [01:05:21.760 --> 01:05:23.760] the escape of the accused [01:05:23.760 --> 01:05:25.760] but after those goals are accomplished [01:05:25.760 --> 01:05:27.760] the authority of the officer to hold evaporates [01:05:27.760 --> 01:05:29.760] he must [01:05:29.760 --> 01:05:31.760] get the individual before a [01:05:31.760 --> 01:05:33.760] central magistrate for an examination [01:05:33.760 --> 01:05:35.760] and a [01:05:35.760 --> 01:05:37.760] determination of probable cause [01:05:37.760 --> 01:05:39.760] the officer didn't do that [01:05:39.760 --> 01:05:41.760] he gets [01:05:41.760 --> 01:05:43.760] in the car, cranks it, points it [01:05:43.760 --> 01:05:45.760] toward the jail [01:05:45.760 --> 01:05:47.760] well [01:05:47.760 --> 01:05:49.760] if someone restricts you at your [01:05:49.760 --> 01:05:51.760] liberty in Texas [01:05:51.760 --> 01:05:53.760] that's not called false imprisonment, there is no [01:05:53.760 --> 01:05:55.760] false imprisonment statute [01:05:55.760 --> 01:05:57.760] the statute is titled kidnapping [01:05:57.760 --> 01:05:59.760] and [01:05:59.760 --> 01:06:01.760] if someone does that [01:06:01.760 --> 01:06:03.760] while they're displaying [01:06:03.760 --> 01:06:05.760] a deadly weapon [01:06:05.760 --> 01:06:07.760] that's aggravated kidnapping [01:06:07.760 --> 01:06:09.760] the policeman arrests you [01:06:09.760 --> 01:06:11.760] even if the arrest was [01:06:11.760 --> 01:06:13.760] warranted and valid and he did [01:06:13.760 --> 01:06:15.760] everything right when he made the arrest [01:06:15.760 --> 01:06:17.760] when he cranks that [01:06:17.760 --> 01:06:19.760] patrol car and points it toward the jail [01:06:19.760 --> 01:06:21.760] having made no due [01:06:21.760 --> 01:06:23.760] diligent effort to locate a magistrate [01:06:23.760 --> 01:06:25.760] he becomes a criminal trespasser [01:06:25.760 --> 01:06:27.760] and under the doctrine [01:06:27.760 --> 01:06:29.760] of trespass ab initio [01:06:29.760 --> 01:06:31.760] he becomes [01:06:31.760 --> 01:06:33.760] a trespasser from [01:06:33.760 --> 01:06:35.760] the beginning [01:06:35.760 --> 01:06:37.760] and all his acts are defeated [01:06:37.760 --> 01:06:39.760] so [01:06:39.760 --> 01:06:41.760] he becomes [01:06:41.760 --> 01:06:43.760] the arrest is no longer legal [01:06:43.760 --> 01:06:45.760] now it's kidnapping and he's [01:06:45.760 --> 01:06:47.760] doing it while [01:06:47.760 --> 01:06:49.760] displaying a deadly weapon [01:06:49.760 --> 01:06:51.760] that's aggravated kidnapping [01:06:51.760 --> 01:06:53.760] and it [01:06:53.760 --> 01:06:55.760] gets worse [01:06:55.760 --> 01:06:57.760] the officer takes you to the jail [01:06:57.760 --> 01:06:59.760] and gives you to the jailers [01:07:01.760 --> 01:07:03.760] and the jailers start their little [01:07:03.760 --> 01:07:05.760] routine, well they have a problem [01:07:05.760 --> 01:07:07.760] the first [01:07:07.760 --> 01:07:09.760] thing they must determine [01:07:09.760 --> 01:07:11.760] in order to protect themselves [01:07:11.760 --> 01:07:13.760] is rather [01:07:13.760 --> 01:07:15.760] or not their rest is proper [01:07:15.760 --> 01:07:17.760] because if it's not [01:07:17.760 --> 01:07:19.760] then they're potentially [01:07:19.760 --> 01:07:21.760] at risk [01:07:21.760 --> 01:07:23.760] they never do that [01:07:23.760 --> 01:07:25.760] they just accept whatever the officer says [01:07:27.760 --> 01:07:29.760] and in so doing [01:07:29.760 --> 01:07:31.760] they touch the tar baby [01:07:33.760 --> 01:07:35.760] they become criminally [01:07:35.760 --> 01:07:37.760] culpable [01:07:37.760 --> 01:07:39.760] just as if they had performed [01:07:39.760 --> 01:07:41.760] the improper [01:07:41.760 --> 01:07:43.760] arrest themselves [01:07:43.760 --> 01:07:45.760] let me read you [01:07:45.760 --> 01:07:47.760] trespass ab initio [01:07:47.760 --> 01:07:49.760] under the doctrine of trespass [01:07:49.760 --> 01:07:51.760] ab initio [01:07:51.760 --> 01:07:53.760] where a party exceeds an authority [01:07:53.760 --> 01:07:55.760] given by law [01:07:55.760 --> 01:07:57.760] the party loses the benefit of the [01:07:57.760 --> 01:07:59.760] justification and is considered [01:07:59.760 --> 01:08:01.760] a trespass ab initio [01:08:01.760 --> 01:08:03.760] ab initio means from the beginning [01:08:03.760 --> 01:08:05.760] although to a certain extent the party [01:08:05.760 --> 01:08:07.760] follow the authority given [01:08:07.760 --> 01:08:09.760] the law will then operate [01:08:09.760 --> 01:08:11.760] retrospectively to [01:08:11.760 --> 01:08:13.760] defeat all acts done [01:08:13.760 --> 01:08:15.760] under color of lawful authority [01:08:15.760 --> 01:08:17.760] american mortgage v wyman [01:08:17.760 --> 01:08:19.760] the rule applies to [01:08:19.760 --> 01:08:21.760] the acts of sheriffs and other [01:08:21.760 --> 01:08:23.760] officers as well as [01:08:23.760 --> 01:08:25.760] the conduct of private [01:08:25.760 --> 01:08:27.760] individuals [01:08:27.760 --> 01:08:29.760] it is clear [01:08:29.760 --> 01:08:31.760] when the officer violates [01:08:31.760 --> 01:08:33.760] a law relating to his [01:08:33.760 --> 01:08:35.760] office he now becomes a criminal [01:08:35.760 --> 01:08:37.760] trespasser he takes you and gives you [01:08:37.760 --> 01:08:39.760] to the jailer [01:08:39.760 --> 01:08:41.760] in every arrest in texas [01:08:41.760 --> 01:08:43.760] you can charge the officer with aggravated [01:08:43.760 --> 01:08:45.760] kidnapping [01:08:45.760 --> 01:08:47.760] charge the jailer with aggravated kidnapping [01:08:47.760 --> 01:08:49.760] the jailer will then run you through a booking [01:08:49.760 --> 01:08:51.760] process [01:08:51.760 --> 01:08:53.760] well question [01:08:53.760 --> 01:08:55.760] if the officer had taken you directly to a [01:08:55.760 --> 01:08:57.760] magistrate and the magistrate had found no [01:08:57.760 --> 01:08:59.760] probable cause would they take you and book you [01:08:59.760 --> 01:09:01.760] before they released you [01:09:03.760 --> 01:09:05.760] rhetorical question absolutely not [01:09:05.760 --> 01:09:07.760] the magistrate [01:09:07.760 --> 01:09:09.760] would be required to release you [01:09:09.760 --> 01:09:11.760] set you at your liberty [01:09:11.760 --> 01:09:13.760] well [01:09:13.760 --> 01:09:15.760] they commit a felony [01:09:15.760 --> 01:09:17.760] by secreting you [01:09:17.760 --> 01:09:19.760] from the magistrate [01:09:19.760 --> 01:09:21.760] and then because they've committed [01:09:21.760 --> 01:09:23.760] that felony they book you [01:09:23.760 --> 01:09:25.760] into jail and [01:09:25.760 --> 01:09:27.760] the police somehow [01:09:27.760 --> 01:09:29.760] consider that to be justified [01:09:29.760 --> 01:09:31.760] well since they're criminal [01:09:31.760 --> 01:09:33.760] criminal actors [01:09:33.760 --> 01:09:35.760] when I was arrested [01:09:35.760 --> 01:09:37.760] a couple weeks ago [01:09:37.760 --> 01:09:39.760] first thing they want to do [01:09:39.760 --> 01:09:41.760] is take my fingerprints and [01:09:41.760 --> 01:09:43.760] the first thing I want to do is know if that [01:09:43.760 --> 01:09:45.760] video camera was working they assured me [01:09:45.760 --> 01:09:47.760] it was then I demanded [01:09:47.760 --> 01:09:49.760] that they take me directly to the nearest magistrate [01:09:49.760 --> 01:09:51.760] and they very politely [01:09:51.760 --> 01:09:53.760] refused and they [01:09:53.760 --> 01:09:55.760] did very politely refuse [01:09:55.760 --> 01:09:57.760] and then they wanted to take [01:09:57.760 --> 01:09:59.760] my fingerprints and I told them oh [01:09:59.760 --> 01:10:01.760] no no no no [01:10:01.760 --> 01:10:03.760] that's biometric data [01:10:03.760 --> 01:10:05.760] and I do not voluntarily [01:10:05.760 --> 01:10:07.760] give up [01:10:07.760 --> 01:10:09.760] biometric data [01:10:09.760 --> 01:10:11.760] they told me they had to take [01:10:11.760 --> 01:10:13.760] my fingerprints and I said well okay [01:10:13.760 --> 01:10:15.760] if I don't give you my fingerprints you're going to bring [01:10:15.760 --> 01:10:17.760] some big guy in here with muscles in places [01:10:17.760 --> 01:10:19.760] where I don't have places and he's going to [01:10:19.760 --> 01:10:21.760] grab me and he's going to cram my fingers [01:10:21.760 --> 01:10:23.760] down on there and take my fingerprints anyway [01:10:23.760 --> 01:10:25.760] they said well [01:10:25.760 --> 01:10:27.760] not exactly but close [01:10:27.760 --> 01:10:29.760] oh okay [01:10:29.760 --> 01:10:31.760] so I gave my fingerprints [01:10:31.760 --> 01:10:33.760] I objected at every spot [01:10:33.760 --> 01:10:35.760] problem with that is [01:10:35.760 --> 01:10:37.760] in 1851 [01:10:37.760 --> 01:10:39.760] Texas Penal Code [01:10:39.760 --> 01:10:41.760] makes it a felony [01:10:41.760 --> 01:10:43.760] to take someone's biometric data without their permission [01:10:43.760 --> 01:10:45.760] now had I been [01:10:45.760 --> 01:10:47.760] legally arrested [01:10:47.760 --> 01:10:49.760] and were they in a position [01:10:49.760 --> 01:10:51.760] after a finding of probable cause [01:10:51.760 --> 01:10:53.760] to legally book me into the jail [01:10:53.760 --> 01:10:55.760] then they're authorized [01:10:55.760 --> 01:10:57.760] under law to take the biometric data [01:10:57.760 --> 01:10:59.760] but in this case they're not [01:10:59.760 --> 01:11:01.760] authorized [01:11:01.760 --> 01:11:03.760] and then they subjected [01:11:03.760 --> 01:11:05.760] me to punishment [01:11:05.760 --> 01:11:07.760] prior to being convicted [01:11:07.760 --> 01:11:09.760] of a crime [01:11:09.760 --> 01:11:11.760] heck, I hadn't even been charged with a crime [01:11:11.760 --> 01:11:13.760] because no one [01:11:13.760 --> 01:11:15.760] had ever given a complaint to some magistrate [01:11:15.760 --> 01:11:17.760] so [01:11:17.760 --> 01:11:19.760] I'm being punished [01:11:19.760 --> 01:11:21.760] without even being charged [01:11:21.760 --> 01:11:23.760] they held me for 24 hours [01:11:23.760 --> 01:11:25.760] this is the problem the police are running into [01:11:25.760 --> 01:11:27.760] this is the gauntlet they're running [01:11:27.760 --> 01:11:29.760] and then the [01:11:29.760 --> 01:11:31.760] magistrate [01:11:31.760 --> 01:11:33.760] and the jailer holding [01:11:33.760 --> 01:11:35.760] ex parte hearing [01:11:35.760 --> 01:11:37.760] official oppression, 3903 [01:11:37.760 --> 01:11:39.760] Penal Code, Class A misdemeanor [01:11:39.760 --> 01:11:41.760] then the magistrate [01:11:41.760 --> 01:11:43.760] denies me all sorts of rights [01:11:43.760 --> 01:11:45.760] about 8 Class A misdemeanors in there [01:11:45.760 --> 01:11:47.760] and then the [01:11:47.760 --> 01:11:49.760] magistrate fails [01:11:49.760 --> 01:11:51.760] to seal all the documents in an envelope [01:11:51.760 --> 01:11:53.760] and forward them to the clerk of the court of jurisdiction [01:11:53.760 --> 01:11:55.760] that's also a felony [01:11:57.760 --> 01:11:59.760] if you [01:11:59.760 --> 01:12:01.760] look in your own state [01:12:01.760 --> 01:12:03.760] you're going to find almost the same thing [01:12:03.760 --> 01:12:05.760] and you look at this and say how the heck can this happen? [01:12:07.760 --> 01:12:09.760] well it can happen because [01:12:09.760 --> 01:12:11.760] we haven't kicked them in the teeth [01:12:11.760 --> 01:12:13.760] the average conviction rate [01:12:13.760 --> 01:12:15.760] in Texas is 99.6 [01:12:15.760 --> 01:12:17.760] because you and I haven't kicked them [01:12:17.760 --> 01:12:19.760] in their teeth [01:12:19.760 --> 01:12:21.760] now it is not my [01:12:21.760 --> 01:12:23.760] purpose to get [01:12:23.760 --> 01:12:25.760] any public official removed from office [01:12:25.760 --> 01:12:27.760] if that [01:12:27.760 --> 01:12:29.760] has to happen [01:12:29.760 --> 01:12:31.760] sorry bubba [01:12:31.760 --> 01:12:33.760] life is tough [01:12:33.760 --> 01:12:35.760] wasn't my intent [01:12:35.760 --> 01:12:37.760] but [01:12:37.760 --> 01:12:39.760] whatever it takes that's what it takes [01:12:39.760 --> 01:12:41.760] and I suggest [01:12:41.760 --> 01:12:43.760] to all of you [01:12:43.760 --> 01:12:45.760] if we start doing this on a regular [01:12:45.760 --> 01:12:47.760] basis [01:12:47.760 --> 01:12:49.760] it won't take long at all [01:12:49.760 --> 01:12:51.760] that these problems [01:12:51.760 --> 01:12:53.760] will simply take care of themselves [01:12:53.760 --> 01:12:55.760] I'm ready [01:12:55.760 --> 01:12:57.760] to take some questions [01:12:57.760 --> 01:12:59.760] tomorrow I'm going to try to go through [01:12:59.760 --> 01:13:01.760] in a lot more detail [01:13:01.760 --> 01:13:03.760] we did a [01:13:03.760 --> 01:13:05.760] four hour once [01:13:05.760 --> 01:13:07.760] and I was surprised I could do [01:13:07.760 --> 01:13:09.760] a four hour but it worked out [01:13:09.760 --> 01:13:11.760] real well [01:13:11.760 --> 01:13:13.760] so I will go in more detail [01:13:13.760 --> 01:13:15.760] I wanted to kind of go over things today [01:13:15.760 --> 01:13:17.760] so that when I go back over it [01:13:17.760 --> 01:13:19.760] tomorrow the pieces [01:13:19.760 --> 01:13:21.760] will begin to fit together a little better [01:13:21.760 --> 01:13:23.760] than when you get it the first time [01:13:25.760 --> 01:13:27.760] trying to find my call page there we go [01:13:27.760 --> 01:13:29.760] yeah right now [01:13:29.760 --> 01:13:31.760] we don't have any callers on the line [01:13:31.760 --> 01:13:33.760] because Randy has been [01:13:33.760 --> 01:13:35.760] laying out this material [01:13:35.760 --> 01:13:37.760] but callers if you'd like to call in [01:13:37.760 --> 01:13:39.760] 512-646-1984 [01:13:39.760 --> 01:13:41.760] and I do apologize [01:13:41.760 --> 01:13:43.760] the listener line is down right now [01:13:43.760 --> 01:13:45.760] so we have a few callers up that are actually [01:13:45.760 --> 01:13:47.760] just listening so if you need to call in to listen [01:13:47.760 --> 01:13:49.760] to the caller line [01:13:49.760 --> 01:13:51.760] please let our call screener know [01:13:51.760 --> 01:13:53.760] that you are calling in [01:13:53.760 --> 01:13:55.760] just to listen so that we won't get confused [01:13:55.760 --> 01:13:57.760] and I've got my [01:13:57.760 --> 01:13:59.760] IT guy working on the [01:13:59.760 --> 01:14:01.760] listener line right now as we speak [01:14:01.760 --> 01:14:03.760] so callers if you'd like to call in [01:14:03.760 --> 01:14:05.760] 512-646-1984 [01:14:05.760 --> 01:14:07.760] and just before we go to Jim [01:14:07.760 --> 01:14:09.760] one little announcement [01:14:09.760 --> 01:14:11.760] I am in the process of launching [01:14:11.760 --> 01:14:13.760] the litigation engine we've been talking about [01:14:13.760 --> 01:14:15.760] so long [01:14:15.760 --> 01:14:17.760] we're about to drop the sky on [01:14:17.760 --> 01:14:19.760] Texas [01:14:19.760 --> 01:14:21.760] we will be going to every [01:14:21.760 --> 01:14:23.760] soliciting every person that's been arrested [01:14:23.760 --> 01:14:25.760] and offering him [01:14:25.760 --> 01:14:27.760] all of these documents [01:14:27.760 --> 01:14:29.760] we're getting all the documents [01:14:29.760 --> 01:14:31.760] put together and the elements separated [01:14:31.760 --> 01:14:33.760] and we will copyright all of them [01:14:33.760 --> 01:14:35.760] put them in an envelope [01:14:35.760 --> 01:14:37.760] mail them back to ourselves [01:14:37.760 --> 01:14:39.760] and then we're selling the copyrights [01:14:39.760 --> 01:14:41.760] so that keeps us out of legal trouble [01:14:41.760 --> 01:14:43.760] Nolo Press won that one [01:14:43.760 --> 01:14:45.760] and [01:14:45.760 --> 01:14:47.760] we'll start providing these documents [01:14:47.760 --> 01:14:49.760] and criminal complaints [01:14:49.760 --> 01:14:51.760] and bar grievances [01:14:51.760 --> 01:14:53.760] and judicial conduct complaints [01:14:53.760 --> 01:14:55.760] these guys are not going to know what hit them [01:14:55.760 --> 01:14:57.760] ok Jim [01:14:57.760 --> 01:14:59.760] alright Jim thanks for calling in [01:14:59.760 --> 01:15:01.760] what's on your mind tonight? [01:15:01.760 --> 01:15:03.760] well I wanted to tell you that I filed my first criminal complaint [01:15:03.760 --> 01:15:05.760] on Wincey [01:15:05.760 --> 01:15:07.760] excellent [01:15:07.760 --> 01:15:09.760] it was a real interesting way [01:15:09.760 --> 01:15:11.760] to do it [01:15:11.760 --> 01:15:13.760] you know how you're always summoned to court [01:15:13.760 --> 01:15:15.760] for an arraignment [01:15:15.760 --> 01:15:17.760] yeah [01:15:17.760 --> 01:15:19.760] on my third arraignment [01:15:19.760 --> 01:15:21.760] this was the third time I had had to come [01:15:21.760 --> 01:15:23.760] I know [01:15:23.760 --> 01:15:25.760] the law says that only a magistrate [01:15:25.760 --> 01:15:27.760] can hold an arraignment [01:15:27.760 --> 01:15:29.760] no [01:15:29.760 --> 01:15:31.760] examining trial [01:15:31.760 --> 01:15:33.760] an arraignment [01:15:33.760 --> 01:15:35.760] no magistrates don't hold an arraignment, trial judge does [01:15:35.760 --> 01:15:37.760] well [01:15:37.760 --> 01:15:39.760] the [01:15:39.760 --> 01:15:41.760] prosecuting attorney [01:15:41.760 --> 01:15:43.760] decided [01:15:43.760 --> 01:15:45.760] they always decide here that they're going to hold the arraignment [01:15:45.760 --> 01:15:47.760] yeah [01:15:47.760 --> 01:15:49.760] let me make that clear [01:15:49.760 --> 01:15:51.760] the same guy holds [01:15:51.760 --> 01:15:53.760] the hearing [01:15:53.760 --> 01:15:55.760] when [01:15:55.760 --> 01:15:57.760] a judge [01:15:57.760 --> 01:15:59.760] or anyone is holding an examining trial [01:15:59.760 --> 01:16:01.760] he stops being a judge and becomes [01:16:01.760 --> 01:16:03.760] a magistrate [01:16:03.760 --> 01:16:05.760] when he does anything else judicial he's [01:16:05.760 --> 01:16:07.760] the judge [01:16:07.760 --> 01:16:09.760] same guy, different hat [01:16:09.760 --> 01:16:11.760] when he decided to hold the arraignment hearing [01:16:11.760 --> 01:16:13.760] I know he was impersonating an officer [01:16:13.760 --> 01:16:15.760] yeah, he put on a hat he didn't have [01:16:15.760 --> 01:16:17.760] right, but I [01:16:17.760 --> 01:16:19.760] asked him [01:16:19.760 --> 01:16:21.760] if it was an arraignment [01:16:21.760 --> 01:16:23.760] yes it was, which I knew that only certain [01:16:23.760 --> 01:16:25.760] people can take [01:16:25.760 --> 01:16:27.760] can hold an arraignment [01:16:27.760 --> 01:16:29.760] I decided [01:16:29.760 --> 01:16:31.760] if he's going to do this I'm going to let him play his part [01:16:31.760 --> 01:16:33.760] so I handed him the criminal complaint [01:16:33.760 --> 01:16:35.760] oh [01:16:35.760 --> 01:16:37.760] okay, excellent [01:16:37.760 --> 01:16:39.760] yeah, listen [01:16:39.760 --> 01:16:41.760] we're going to break right now [01:16:41.760 --> 01:16:43.760] so Jim if you'd like to hold on, we've also got Marcus from Virginia [01:16:43.760 --> 01:16:45.760] we'll be right back [01:16:45.760 --> 01:16:47.760] this is the rule of law [01:16:47.760 --> 01:16:49.760] on rule of law radio [01:16:49.760 --> 01:16:51.760] callers if you'd like to call in [01:16:51.760 --> 01:16:53.760] 512-646-1984 [01:16:53.760 --> 01:17:07.760] we'll be right back [01:17:23.760 --> 01:17:25.760] we charge absolutely no commissions [01:17:25.760 --> 01:17:27.760] 100% of your investment [01:17:27.760 --> 01:17:29.760] goes to work for you [01:17:29.760 --> 01:17:31.760] please visit [01:17:31.760 --> 01:17:33.760] sleepwellinvestment.com [01:17:33.760 --> 01:17:35.760] or call [01:17:35.760 --> 01:17:37.760] Bill Schober [01:17:37.760 --> 01:17:39.760] at 817-974-9000 [01:17:39.760 --> 01:17:41.760] we charge absolutely no commissions [01:17:41.760 --> 01:17:43.760] 100% of your investment [01:17:43.760 --> 01:17:45.760] goes to work for you [01:17:45.760 --> 01:17:47.760] please visit [01:17:47.760 --> 01:17:49.760] sleepwellinvestment.com [01:17:49.760 --> 01:17:51.760] or call [01:17:51.760 --> 01:17:53.760] at 817-975-2431 [01:17:53.760 --> 01:17:55.760] that's [01:17:55.760 --> 01:17:57.760] sleepwellinvestment.com [01:17:57.760 --> 01:17:59.760] or call [01:17:59.760 --> 01:18:25.760] at 817-975-2431 [01:18:29.760 --> 01:18:31.760] that was blindsided [01:18:31.760 --> 01:18:33.760] but now i can see your plan [01:18:33.760 --> 01:18:35.840] you put [01:18:35.840 --> 01:18:37.760] a fear in my pockets [01:18:37.760 --> 01:18:39.760] took my dear from my head [01:18:39.760 --> 01:18:41.760] ain't gonna fool me [01:18:41.760 --> 01:18:41.760] with the same old trick again [01:18:41.760 --> 01:18:43.760] Same old trick again [01:18:47.760 --> 01:18:49.760] Hang on, hold me [01:19:03.760 --> 01:19:08.760] Ain't gonna drop me with that same old sucker punch [01:19:08.760 --> 01:19:13.760] I get it now, but then I must have another punch [01:19:13.760 --> 01:19:18.760] Back then you had room to move, but now you're feeling the crunch [01:19:18.760 --> 01:19:24.760] Ain't gonna get me with that same old sucker punch [01:19:29.760 --> 01:19:34.760] Alright, we are back. This is the rule of law, Randy Kelton and Deborah Stevens. [01:19:34.760 --> 01:19:39.760] Alright, we are speaking right now with Jim in Texas. [01:19:39.760 --> 01:19:43.760] We've got Marcus from Virginia on the line, John from Michigan. [01:19:43.760 --> 01:19:48.760] Alright, Jim, go ahead. You were speaking as we were coming into break. [01:19:48.760 --> 01:19:57.760] Yeah, what I was saying is that since the District Attorney decided he was going to play the part, I handed him the criminal complaint. [01:19:57.760 --> 01:20:02.760] And he asked me what they were, and I told him they were criminal complaints. [01:20:02.760 --> 01:20:05.760] And he said, well, what do you want me to do with them? [01:20:05.760 --> 01:20:10.760] And I said, well, I would suggest that you give them to the District Attorney. [01:20:10.760 --> 01:20:17.760] And he decided to argue with me a little bit, and I didn't care, but he had taken them. [01:20:17.760 --> 01:20:22.760] And he said, well, what do they say? I said, well, they're self-explanatory. Read them. [01:20:22.760 --> 01:20:29.760] And he was kind of aggravated that he had to read one of them, and the first one that he read was against the officer. [01:20:29.760 --> 01:20:33.760] And he decided he was going to argue about, well, where's your case law? [01:20:33.760 --> 01:20:39.760] I said, I don't need case law on this. And I coded the penal code as far as what they were. [01:20:39.760 --> 01:20:43.760] I'm not going to argue case law with them. [01:20:43.760 --> 01:20:51.760] But anyway, he was mad at me, so he told the lady behind him, his clerk, to file them into the record of the court. [01:20:51.760 --> 01:20:54.760] Yes! [01:20:54.760 --> 01:21:01.760] So she proceeded to do that, and then she decided, well, she'd go make some copies of them. [01:21:01.760 --> 01:21:05.760] So she walked back in the back room, and apparently the judge was back there. [01:21:05.760 --> 01:21:11.760] And about two minutes later, she came out and called me and another guy to the bench, and we were the last two there, [01:21:11.760 --> 01:21:19.760] and said, evidently the cop's not going to show up, so you guys are free to go. [01:21:19.760 --> 01:21:24.760] If the cop was standing in the courtroom, they wouldn't have admitted it. [01:21:24.760 --> 01:21:29.760] But it worked out perfect. Now I just have to find out, I'm sure he won't do what he needs to do, [01:21:29.760 --> 01:21:34.760] so I can file another one against him for personal judicial official and shielding from prosecution. [01:21:34.760 --> 01:21:38.760] Yes! Oh, and another one. [01:21:38.760 --> 01:21:42.760] Official oppression for violating Article 2.03. [01:21:42.760 --> 01:21:47.760] 2.03, right. Yeah. It was good. [01:21:47.760 --> 01:21:50.760] It was good. I was all ready, and then when he came up there and said, [01:21:50.760 --> 01:21:55.760] everybody here is going to have to come up and talk to me before this starts, [01:21:55.760 --> 01:22:02.760] I got to thinking, this guy's going to do the same thing. I said, I'm going to get him. [01:22:02.760 --> 01:22:07.760] It was a hoot. He had no idea. [01:22:07.760 --> 01:22:11.760] When I told him they were criminal complaints, the bailiff was sitting down, [01:22:11.760 --> 01:22:16.760] and he jumped up out of his seat and hurried up there. [01:22:16.760 --> 01:22:21.760] But it was too late. He already had them. [01:22:21.760 --> 01:22:26.760] The judge never came into the courtroom, which is good because some of the criminal complaints are against the judge. [01:22:26.760 --> 01:22:29.760] Good. I mean, it worked out perfect. [01:22:29.760 --> 01:22:35.760] Now I've got to file my tort letter with the county. [01:22:35.760 --> 01:22:41.760] Good. I'm going to force this through. I want them to follow the law. [01:22:41.760 --> 01:22:46.760] This is how we do it. They haven't had this done to them. [01:22:46.760 --> 01:22:52.760] They've dismissed your case, which they almost never do if the officer doesn't show up. [01:22:52.760 --> 01:22:57.760] So now they have nothing against you. Now you're the one picking the fight. [01:22:57.760 --> 01:23:01.760] Well, I've got the tort letter against them, and then civilly after that. [01:23:01.760 --> 01:23:05.760] Your tort letter may be premature. [01:23:05.760 --> 01:23:07.760] Well, I've got what? [01:23:07.760 --> 01:23:14.760] Civilly, you don't have to give them a tort letter in order to get around the notice requirement, [01:23:14.760 --> 01:23:21.760] because the criminal complaints become the notice requirement, become notice to them that you've been harmed. [01:23:21.760 --> 01:23:25.760] If they actually got into the case. [01:23:25.760 --> 01:23:29.760] Doesn't matter. The prosecutor took them. [01:23:29.760 --> 01:23:30.760] Correct. [01:23:30.760 --> 01:23:37.760] So he's got it, but I would give them a tort letter anyway. It's just that they're not through giving you tort action. [01:23:37.760 --> 01:23:38.760] Right. [01:23:38.760 --> 01:23:40.760] Actually, they give you contort action. [01:23:40.760 --> 01:23:46.760] Well, that's what I was looking at. I mean, by violation of their oath of office, they're... [01:23:46.760 --> 01:23:50.760] Let me explain contort to the listener. [01:23:50.760 --> 01:23:55.760] Say I bash into you with a car, and you sue me. [01:23:55.760 --> 01:24:04.760] We don't have any kind of relationship with each other, so you can get damages from me, but you can't get legal fees. [01:24:04.760 --> 01:24:13.760] Now, if you and I enter into a contractual agreement, and I violate the contract, [01:24:13.760 --> 01:24:23.760] then if you have to hire an attorney to sue me, under contract violation, you can get attorney fees. [01:24:23.760 --> 01:24:28.760] And in some cases with public officials, they're always under contract. [01:24:28.760 --> 01:24:33.760] And if they violate the contract, instead of just suing them for the tort, [01:24:33.760 --> 01:24:40.760] you can sue them for a contractual violation like fraud, fraud per se, fraud by non-disclosure. [01:24:40.760 --> 01:24:48.760] There's a lot of contractual torts based on their contract with the state. [01:24:48.760 --> 01:24:56.760] You're the third party beneficiary of the contract with the state. It was intended in the making of the contract [01:24:56.760 --> 01:25:05.760] that you as a citizen and others similarly situated benefit from the contract that gives you standing to sue on the contract. [01:25:05.760 --> 01:25:08.760] That way, if you get an attorney, you can get attorney fees. [01:25:08.760 --> 01:25:14.760] And you have torts where they violate laws, that comes up a tort. [01:25:14.760 --> 01:25:20.760] But you make the claim that they could only violate this law [01:25:20.760 --> 01:25:26.760] because they were cloaked with the authority they gathered from entering into a contract. [01:25:26.760 --> 01:25:31.760] So now it becomes a tort action and a contract action. They call it a contort. [01:25:31.760 --> 01:25:37.760] So you got torts, contorts, and contract. It's fun to do them all. [01:25:37.760 --> 01:25:44.760] I wanted to let you know, everything you guys have said on the radio, Randy, I've listened to. [01:25:44.760 --> 01:25:47.760] You know me, I do research all the time. I've sent you several things. [01:25:47.760 --> 01:25:59.760] And I check out everything. I want to let the rest of the listeners know that, believe you, but check you out too. [01:25:59.760 --> 01:26:06.760] And they'll find out that what you're saying is true. And it is a lot of fun once you get used to it. [01:26:06.760 --> 01:26:14.760] I'd be nervous to start with, but not near as nervous as the assistant district attorney when he realized what he had. [01:26:14.760 --> 01:26:17.760] Did you get to see him do the little chicken dance? [01:26:17.760 --> 01:26:24.760] Yes. Him and everybody else in the courtroom. [01:26:24.760 --> 01:26:32.760] They were all back there when she whispered in his ear, and then he decided that the officer wasn't going to show up. [01:26:32.760 --> 01:26:36.760] I think he would have shot him if he did. [01:26:36.760 --> 01:26:38.760] Good. Good. That's what we want to happen. [01:26:38.760 --> 01:26:41.760] Thanks a lot, and keep it up. [01:26:41.760 --> 01:26:42.760] You are welcome. [01:26:42.760 --> 01:26:43.760] All right. [01:26:43.760 --> 01:26:47.760] All right. Thank you so much for calling in. All right. We love to hear from our callers. [01:26:47.760 --> 01:26:53.760] All right. We're going to go now to Marcus in Virginia. [01:26:53.760 --> 01:26:57.760] All right. Marcus, thank you for calling in. What's on your mind tonight? [01:26:57.760 --> 01:27:05.760] Hi. I'm the guy who had the traffic case a while back. We actually had it a couple days ago. [01:27:05.760 --> 01:27:10.760] I don't know if you're tall. I went through a stop sign. [01:27:10.760 --> 01:27:14.760] Wait. Wait. Bring us up to speed again? [01:27:14.760 --> 01:27:18.760] You told me that I would lose, and you turned out to be right. [01:27:18.760 --> 01:27:21.760] Oh, if you go to the merits. [01:27:21.760 --> 01:27:28.760] Why, no. I didn't go to the merits. You just told me that I would lose. I forget exactly why, but that's just round one. [01:27:28.760 --> 01:27:36.760] I have a second chance at this. The judge said that he would allow it to be appealed to no avail. [01:27:36.760 --> 01:27:42.760] Well, he doesn't have any say about that. That's real generous of him since the law says he has to. [01:27:42.760 --> 01:27:43.760] Oh, he has to? [01:27:43.760 --> 01:27:47.760] Yeah. [01:27:47.760 --> 01:27:51.760] Oh, man. See what these guys do. [01:27:51.760 --> 01:27:55.760] What was the case again? [01:27:55.760 --> 01:28:03.760] I got pulled. I got the sun in my eyes for just like a second or two, and I went through the stop sign. [01:28:03.760 --> 01:28:12.760] I didn't have a chance to stop before I'd go into the intersection, and the cop was just waiting right there to catch me. [01:28:12.760 --> 01:28:17.760] So he knew what time the sun would be right in everybody's eyes. [01:28:17.760 --> 01:28:20.760] I'm sure, yeah. Exactly. [01:28:20.760 --> 01:28:24.760] And he knew which intersection and which trees were cut down, too. [01:28:24.760 --> 01:28:36.760] Yeah, anytime you go in on the merits, the judge has discretion to rule against you, and he will. [01:28:36.760 --> 01:28:44.760] And you've got to kind of understand, you know, he gets 50, 100 people a day in there, and they've got all these great excuses. [01:28:44.760 --> 01:28:52.760] I heard one judge, some guy gave him the most outrageous excuse I ever heard of, and it was so nuts I didn't remember what it was. [01:28:52.760 --> 01:28:58.760] And the judge said, that was so creative. I'm going to dismiss this one. [01:28:58.760 --> 01:29:04.760] Because he gets bored, he keeps hearing the same old thing, so what you say really doesn't mean anything to him after a while. [01:29:04.760 --> 01:29:07.760] He doesn't even hear it. Yeah, well, it should. I know it should. [01:29:07.760 --> 01:29:13.760] That's what we put these people in office for, and they're getting paid to listen to it and figure it out. [01:29:13.760 --> 01:29:19.760] That's why we need to come in there and kick them in the seat of their pants, get their attention. [01:29:19.760 --> 01:29:26.760] It's like the guy that hit the mule with a 2x4. He didn't want to hurt it, just wanted to get his attention. [01:29:26.760 --> 01:29:28.760] So we want to use a legal 2x4. [01:29:28.760 --> 01:29:36.760] Are you saying that these people are like mules, Randy? They're stubborn as a mule? [01:29:36.760 --> 01:29:39.760] No, they're kind of like the other end. [01:29:39.760 --> 01:29:45.760] I was waiting for that one. Okay, listen, Marcus, hang on the line. We'll be back on the other side. [01:29:45.760 --> 01:29:49.760] We've also got calls from John in Michigan and another Jim from Texas. We'll be right back. [01:29:49.760 --> 01:29:52.760] This is the Rule of Law, Rainey Kelton and Deborah Stevens. [01:29:52.760 --> 01:29:59.760] Gold prices are at historic highs, and with the recent pullback, this is a great time to buy. [01:29:59.760 --> 01:30:05.760] With the value of the dollar, risks of inflation, geopolitical uncertainties, and instability in world financial systems, [01:30:05.760 --> 01:30:07.760] I see gold going up much higher. [01:30:07.760 --> 01:30:10.760] Hi, I'm Tim Fry at Roberts & Roberts Brokerage. [01:30:10.760 --> 01:30:14.760] Everybody should have some of their assets in investment-grade precious metals. [01:30:14.760 --> 01:30:19.760] At Roberts & Roberts Brokerage, you can buy gold, silver, and platinum with confidence in the world. [01:30:19.760 --> 01:30:23.760] At Roberts & Roberts Brokerage, you can buy gold, silver, and platinum with confidence from a brokerage [01:30:23.760 --> 01:30:27.760] that's specialized in the precious metals market since 1977. [01:30:27.760 --> 01:30:33.760] If you are new to precious metals, we will happily provide you with the information you need to make an informed decision [01:30:33.760 --> 01:30:35.760] whether or not you choose to purchase from us. [01:30:35.760 --> 01:30:40.760] Also, Roberts & Roberts Brokerage values your privacy and will always advise you in the event [01:30:40.760 --> 01:30:43.760] that we would be required to report any transaction. [01:30:43.760 --> 01:30:48.760] If you have gold, silver, or platinum you'd like to sell, we can convert it for immediate payment. [01:30:48.760 --> 01:30:51.760] Call us at 800-874-9760. [01:30:51.760 --> 01:30:53.760] We're Roberts & Roberts Brokerage. [01:30:53.760 --> 01:31:19.760] 800-874-9760. [01:31:23.760 --> 01:31:27.760] Chippin' off your BAB, Chippin' off your family, whole family. [01:31:27.760 --> 01:31:32.760] Chippin' off your dog and the cat around we. Chippin' off the beef and you still gon' eat it. [01:31:32.760 --> 01:31:37.760] Chippin' off the fish, them all in the sea. Chippin' off the shark and the whale around we. [01:31:37.760 --> 01:31:41.760] You know see mankind gone chip crazy. They're the kind of thing man they want to be. [01:31:41.760 --> 01:31:46.760] The social security, them gon' tell me. Number when them give me them, repeat up your seahorse. [01:31:46.760 --> 01:31:51.760] Chippin' you in the morning, Chippin' you in the evening, Chippin' you all at dinnertime. [01:31:51.760 --> 01:31:55.760] Experiment on mankind, but man you know say them lie. [01:31:55.760 --> 01:32:00.760] Well we don't want no chip, man you have your BAB. Freedom or something, man you fight for we. [01:32:00.760 --> 01:32:05.760] You should tell them, them fi' read it. Constitution set us free. [01:32:05.760 --> 01:32:10.760] Man let them put no chip in your BAB. Put no chip in your dog or cat you see. [01:32:10.760 --> 01:32:15.760] No put no chip in your cow and go eat it. No put no chip in the fish and go eat it. [01:32:15.760 --> 01:32:17.760] All in the whale and the shark in the sea. [01:32:17.760 --> 01:32:22.760] All right, we're back. The rule of law. Randy Kelton and Deborah Stevens. [01:32:22.760 --> 01:32:30.760] And speaking of no chipping, just want to remind everyone or actually make the announcement. [01:32:30.760 --> 01:32:36.760] Catherine Albrecht is going to be special guest on Agenda 21 tomorrow evening at 6 p.m. [01:32:36.760 --> 01:32:43.760] She's actually going to be co-hosting for a portion of the show, maybe all the show, with Greg Chapman. [01:32:43.760 --> 01:32:49.760] So make sure you tune in tomorrow evening at 6 p.m. with Agenda 21. [01:32:49.760 --> 01:32:53.760] And Catherine Albrecht will be joining Greg tomorrow night. [01:32:53.760 --> 01:33:00.760] So make sure you tune into that. We are speaking right now with Marcus in Virginia. [01:33:00.760 --> 01:33:04.760] And Randy, you were making an analogy of... [01:33:04.760 --> 01:33:06.760] Oh that. [01:33:06.760 --> 01:33:10.760] Talking about these public officials being stubborn as mules it would seem. [01:33:10.760 --> 01:33:16.760] Well, what do you have planned next? [01:33:16.760 --> 01:33:23.760] Next? Well, let's see. [01:33:23.760 --> 01:33:31.760] Well, if I could just go over what the judge did in the previous case here. [01:33:31.760 --> 01:33:36.760] I'm going to try to do it again, try to do it better than I did before. [01:33:36.760 --> 01:33:41.760] Well, he didn't even read my motions, which kind of got me all flustered, I could tell. [01:33:41.760 --> 01:33:47.760] Because he mentioned that I was arguing the right to travel, [01:33:47.760 --> 01:33:50.760] and I didn't even use that word in any of my motions. [01:33:50.760 --> 01:33:53.760] So I kind of got a little upset with him. [01:33:53.760 --> 01:33:57.760] But then it became obvious he didn't read any of it. [01:33:57.760 --> 01:34:04.760] What you need to ask him, you need to ask him if he's read it, read your motions, and if he says yes. [01:34:04.760 --> 01:34:10.760] Well, then you stipulate to the fact that you've been sleeping with a 26-year-old blonde hooker. [01:34:10.760 --> 01:34:13.760] Because it's in paragraph 27. [01:34:13.760 --> 01:34:24.760] And if he grabs up the document and starts looking for paragraph 27, you got him. [01:34:24.760 --> 01:34:31.760] Well, I was just arguing the process. I didn't even claim the right to travel or the right to drive. [01:34:31.760 --> 01:34:40.760] But I think that's what I'm going to try to do in addition to claiming the right to due process. [01:34:40.760 --> 01:34:47.760] Yeah, due process, that doesn't go to right to travel. That goes to Constitution. [01:34:47.760 --> 01:34:52.760] And a county court is more likely to hear it. [01:34:52.760 --> 01:34:58.760] You'll have a judge who is actually an attorney. [01:34:58.760 --> 01:35:03.760] And generally the county courts pay a little more attention to law. [01:35:03.760 --> 01:35:13.760] And can you appeal a Class C misdemeanor beyond the county court in Virginia? [01:35:13.760 --> 01:35:17.760] Well, there's district court and the circuit court. [01:35:17.760 --> 01:35:28.760] No, the reason I ask that is in Texas, you're on a Class C misdemeanor, you can only appeal to the county court. [01:35:28.760 --> 01:35:37.760] That's your remedy of last resort. If the county court rules against you, you can't appeal past that. [01:35:37.760 --> 01:35:40.760] That sucks. [01:35:40.760 --> 01:35:44.760] Well, I didn't know how it was in Virginia. [01:35:44.760 --> 01:35:52.760] I'm not sure how it works either. All I know is I went to the circuit court and they told me to go back down to the district court. [01:35:52.760 --> 01:35:59.760] Well, it would be the cheapest legal education you can get. [01:35:59.760 --> 01:36:02.760] But odds are you're going to lose. [01:36:02.760 --> 01:36:11.760] Unless you really go after their throats, like Jim did, they just really get you out of hand. [01:36:11.760 --> 01:36:15.760] Well, one thing that's been bugging me is about the summons. [01:36:15.760 --> 01:36:21.760] And I don't see any signature on this thing from any attorney. [01:36:21.760 --> 01:36:31.760] So how can they file this and this being the only document that the plaintiff or the prosecutor has supposedly filed? [01:36:31.760 --> 01:36:35.760] It's not signed. It's not a summons. [01:36:35.760 --> 01:36:39.760] Did you raise an objection to the sufficiency of the summons? [01:36:39.760 --> 01:36:44.760] Well, this thing doesn't even name me as defendant. As far as I know, I'm just a witness. [01:36:44.760 --> 01:36:49.760] And I pointed that out during the trial. I was like, wait a minute. I am checked. [01:36:49.760 --> 01:36:53.760] Where is the defendant named in this case? Maybe I'm just a witness. [01:36:53.760 --> 01:36:59.760] Well, that didn't fly. He just decided to go ahead and name me as a witness. [01:36:59.760 --> 01:37:04.760] Wait a minute. Okay. Did the court have the citation? [01:37:04.760 --> 01:37:09.760] Let me defend it. Excuse me. I just left it there for a second. [01:37:09.760 --> 01:37:18.760] If they had this citation, then the summons... Once you're in the courtroom, the summons becomes moot. [01:37:18.760 --> 01:37:23.760] You can't really object to the summons, to the sufficiency of the summons, if you show up. [01:37:23.760 --> 01:37:28.760] Unless you don't know why you're there. [01:37:28.760 --> 01:37:34.760] The summons has to tell you why you're coming there so you can prepare for whatever kind of hearings going on. [01:37:34.760 --> 01:37:42.760] If it doesn't, if it just tells you to appear, then it's insufficient on its face. [01:37:42.760 --> 01:37:45.760] Does that make sense? Sure. [01:37:45.760 --> 01:37:49.760] Okay. You have any other questions or comments? [01:37:49.760 --> 01:37:55.760] Well, that's the first thing I did, is brought that up. [01:37:55.760 --> 01:38:03.760] The summons? Oh, the fact that the summons... Did the summons not tell you why you were coming there? [01:38:03.760 --> 01:38:07.760] No, it didn't name me as defendant. I mean, I could be... Yeah. [01:38:07.760 --> 01:38:12.760] I mean, it doesn't... Just the form, it doesn't really... [01:38:12.760 --> 01:38:15.760] It doesn't advise you as to why you're being called in. [01:38:15.760 --> 01:38:27.760] In Texas, 28.01 tells the judge what he can... authorizes the judge to summon you into court, [01:38:27.760 --> 01:38:30.760] and has a list of things he can summon you for. [01:38:30.760 --> 01:38:35.760] See, a judge can only do... only has powers that are enumerated. [01:38:35.760 --> 01:38:42.760] So, in Virginia law, the power of the judge to summon you is going to be enumerated someplace. [01:38:42.760 --> 01:38:45.760] You need to find that. [01:38:45.760 --> 01:38:48.760] They never follow law. [01:38:48.760 --> 01:38:53.760] And that's because those chump defense attorneys are afraid to annoy the judge. [01:38:53.760 --> 01:38:57.760] Or, like in traffic cases, they don't want to bother. [01:38:57.760 --> 01:39:02.760] It's too much trouble, so they just let the court do whatever they want to do. [01:39:02.760 --> 01:39:05.760] And they'll tell you, well, this is the best deal I could get you. [01:39:05.760 --> 01:39:08.760] It's the same deal you could get if you went down there. [01:39:08.760 --> 01:39:14.760] But they'll charge you 500 bucks and say, well, this is the best deal I could get you, and do nothing. [01:39:14.760 --> 01:39:17.760] So, it's going to go the same no matter what. [01:39:17.760 --> 01:39:25.760] So, that's why they do this kind of crap, Ola, because defense counsel will never object to it. [01:39:25.760 --> 01:39:29.760] None of that is about having a hearing. It's all about getting you to take a deal. [01:39:29.760 --> 01:39:35.760] That's why that attorney wanted to talk to you, to talk you into taking a deal. [01:39:35.760 --> 01:39:43.760] And when somebody comes along and actually makes them try their cases, they don't know what to do. [01:39:43.760 --> 01:39:47.760] But that'll be a good point for appeal, that you were brought to court and you didn't know why, [01:39:47.760 --> 01:39:50.760] so you weren't prepared to defend yourself. [01:39:50.760 --> 01:39:54.760] Or did they ask you if you were ready for trial? [01:39:54.760 --> 01:39:56.760] No, they didn't ask. [01:39:56.760 --> 01:39:59.760] Oh, good. Then you weren't ready for trial. [01:39:59.760 --> 01:40:04.760] Generally, the first thing the judge has to do is ask both parties, are you ready for trial? [01:40:04.760 --> 01:40:10.760] And if you've got a summons that doesn't tell you why you're there, he'd absolutely have to ask you. [01:40:10.760 --> 01:40:19.760] And make in your appeal, oh, you don't have to raise an issue in the appeal, okay. [01:40:19.760 --> 01:40:22.760] This could get complex. [01:40:22.760 --> 01:40:30.760] Because they denied you due process in the original trial, what they're going to say is, [01:40:30.760 --> 01:40:36.760] this is trial de novo, as if the first trial didn't happen. [01:40:36.760 --> 01:40:39.760] And if you try to bring up anything in the original trial, [01:40:39.760 --> 01:40:45.760] the prosecutor's going to jump up and down and wave his arms and whine and cry about it. [01:40:45.760 --> 01:40:52.760] But trial de novo is only de novo for the purpose of perfecting your appeal. [01:40:52.760 --> 01:40:59.760] It does not immunize the court from any improper procedure in the original hearing. [01:40:59.760 --> 01:41:05.760] If you were denied due process, you have a right to dismissal. [01:41:05.760 --> 01:41:17.760] I actually had a prosecuting attorney object when I asked an officer about his testimony in the original hearing. [01:41:17.760 --> 01:41:26.760] And raised that issue and the judge overruled the objection and made the policeman answer me. [01:41:26.760 --> 01:41:31.760] This was on a ticket for an accident. [01:41:31.760 --> 01:41:39.760] And I got the officer to state on the stand that he didn't see the accident occur. [01:41:39.760 --> 01:41:41.760] He was on another call. [01:41:41.760 --> 01:41:44.760] And I held up the citation, did you write this citation? [01:41:44.760 --> 01:41:47.760] He said, yes, I did. [01:41:47.760 --> 01:41:53.760] So tell me, Officer Pringle, when did you commit aggravated perjury? [01:41:53.760 --> 01:41:58.760] When you filled out this citation that stated you had personal knowledge that I committed this crime? [01:41:58.760 --> 01:42:01.760] Or just now when you stated that you didn't? [01:42:01.760 --> 01:42:04.760] Prosecutor jumped up, I object, I object. [01:42:04.760 --> 01:42:07.760] I do too, Judge. This is horrible. [01:42:07.760 --> 01:42:11.760] That officer ought to be ashamed of himself. [01:42:11.760 --> 01:42:13.760] That was a hoot. That was a fun hearing. [01:42:13.760 --> 01:42:20.760] Anyway, okay, let's move on. [01:42:20.760 --> 01:42:23.760] We've got bugs in Texas. I think it's a smaller one. [01:42:23.760 --> 01:42:24.760] Okay, great. [01:42:24.760 --> 01:42:27.760] All right, we're going to move on now. [01:42:27.760 --> 01:42:31.760] We've got John from Michigan. [01:42:31.760 --> 01:42:33.760] Okay, John, thanks for calling in. [01:42:33.760 --> 01:42:35.760] What's on your mind tonight? [01:42:35.760 --> 01:42:36.760] Hi, Randy. [01:42:36.760 --> 01:42:39.760] I called Randy earlier today because I had a question. [01:42:39.760 --> 01:42:42.760] I was going to give you a little bit of history. [01:42:42.760 --> 01:42:44.760] I went into court. [01:42:44.760 --> 01:42:48.760] The judge on record violated the Michigan court rules, rules of evidence. [01:42:48.760 --> 01:42:50.760] And here's the evidence. [01:42:50.760 --> 01:42:54.760] It's all in the transcripts and all in the record. [01:42:54.760 --> 01:42:59.760] Then I requested an appeal, and the judge said that I had to pay an appeals bond, [01:42:59.760 --> 01:43:05.760] even though I showed the judge that under Wright v. Fields, a court case in Michigan, [01:43:05.760 --> 01:43:09.760] says that a bond is not required and that I have a right to appeal. [01:43:09.760 --> 01:43:14.760] He still said if I didn't file the appeal bond then I couldn't appeal. [01:43:14.760 --> 01:43:21.760] And then I also earlier paid a $50 fee for a trial by jury, [01:43:21.760 --> 01:43:26.760] and the judge or the court clerk said in order to get the $50 back, [01:43:26.760 --> 01:43:31.760] I'd have to file a motion, which would cost me $20 to get my $50 back. [01:43:31.760 --> 01:43:34.760] So you can kind of see what's going on over here. [01:43:34.760 --> 01:43:36.760] Yes. [01:43:36.760 --> 01:43:38.760] I'd like to know where to take this. [01:43:38.760 --> 01:43:39.760] We're going to break. We'll be right back. [01:43:39.760 --> 01:43:41.760] Okay, yeah, just hang on the line. [01:43:41.760 --> 01:43:44.760] One more segment, 512-646-1984. [01:43:44.760 --> 01:43:58.760] We'll be right back. [01:43:58.760 --> 01:44:01.760] Stock markets are taking hit after hit. [01:44:01.760 --> 01:44:04.760] Corrupt bankers are choking on subprime debt. 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[01:45:35.760 --> 01:45:40.760] Some things in this world I will never understand [01:45:40.760 --> 01:45:44.760] Some things I realize fully [01:45:44.760 --> 01:45:48.760] Somebody's gonna police that policeman [01:45:48.760 --> 01:45:52.760] Somebody's gonna police the bully [01:45:52.760 --> 01:45:57.760] There's always room at the top of the hill [01:45:57.760 --> 01:46:02.760] I hear through the grapevine and it's lonely there still [01:46:02.760 --> 01:46:06.760] They're wishing it was more than opposition to bill [01:46:06.760 --> 01:46:10.760] They know that if they don't do it, somebody will [01:46:10.760 --> 01:46:14.760] Some things in this world I will never understand [01:46:14.760 --> 01:46:18.760] Some things I realize fully [01:46:18.760 --> 01:46:23.760] Somebody's gonna police that policeman [01:46:23.760 --> 01:46:27.760] Somebody's gonna police the bully [01:46:27.760 --> 01:46:29.760] I know they will [01:46:29.760 --> 01:46:32.760] Yeah, they're gonna put the bill [01:46:32.760 --> 01:46:35.760] Cause I see so much injustice still [01:46:35.760 --> 01:46:37.760] I know they will [01:46:37.760 --> 01:46:39.760] Never fail to tip back that scale [01:46:39.760 --> 01:46:41.760] I know they will [01:46:41.760 --> 01:46:44.760] Never fail to tip back the scale [01:46:44.760 --> 01:46:46.760] I know they will [01:46:48.760 --> 01:46:50.760] I know they will [01:46:50.760 --> 01:46:52.760] I say I know [01:46:52.760 --> 01:46:54.760] I know they will [01:46:54.760 --> 01:46:56.760] Expectation hours, huh? [01:46:56.760 --> 01:46:58.760] I know they will [01:46:58.760 --> 01:47:00.760] Yeah [01:47:00.760 --> 01:47:02.760] I know they will [01:47:02.760 --> 01:47:05.760] Went down to that old rock quarry the other day [01:47:05.760 --> 01:47:06.760] I know they will [01:47:06.760 --> 01:47:09.760] That's where I heard that old rock quarry man say [01:47:09.760 --> 01:47:10.760] I know they will [01:47:10.760 --> 01:47:14.760] He knew I always had a place for my head to lay [01:47:14.760 --> 01:47:15.760] I know they will [01:47:15.760 --> 01:47:18.760] I filled up my truck, waved goodbye and drove away [01:47:18.760 --> 01:47:19.760] I know they will [01:47:19.760 --> 01:47:22.760] Some things in this world I will never understand [01:47:22.760 --> 01:47:23.760] I know they will [01:47:23.760 --> 01:47:26.760] Some things I realize fully [01:47:26.760 --> 01:47:28.760] I know they will [01:47:28.760 --> 01:47:31.760] Somebody's gonna police that policeman [01:47:31.760 --> 01:47:35.760] Somebody's gonna police that bully [01:47:35.760 --> 01:47:37.760] I know they will [01:47:37.760 --> 01:47:40.760] Yeah, they're gonna put the bill [01:47:40.760 --> 01:47:44.760] Cause I see so much injustice still [01:47:44.760 --> 01:47:45.760] I know they will [01:47:45.760 --> 01:47:48.760] Never fail to tip back that scale [01:47:48.760 --> 01:47:49.760] I know they will [01:47:49.760 --> 01:47:52.760] Never fail to tip back the scale [01:47:52.760 --> 01:47:54.760] I know they will [01:47:54.760 --> 01:47:56.760] I will never fail to tip back that scale [01:47:56.760 --> 01:47:58.760] I know they will [01:48:00.760 --> 01:48:02.760] I know they will [01:48:02.760 --> 01:48:04.760] I will never fail [01:48:05.760 --> 01:48:06.760] I know they will [01:48:10.760 --> 01:48:11.760] I know they will [01:48:11.760 --> 01:48:13.760] My god, they'll never, never fail [01:48:13.760 --> 01:48:15.760] I know they will [01:48:15.760 --> 01:48:18.760] Never fail to tip back that scale [01:48:18.760 --> 01:48:20.760] I know they will [01:48:22.760 --> 01:48:24.260] I know they will [01:48:24.260 --> 01:48:37.820] Alright, we are back. The rule of law, Randy Kelton and Debra Stevens. Alright, we are [01:48:37.820 --> 01:48:44.700] speaking with our callers. Alright, we've got John from Michigan who's calling, also [01:48:44.700 --> 01:48:52.420] Jesse from Texas. We're talking now with Marcus from Virginia. We got about 10 minutes left. [01:48:52.420 --> 01:48:55.980] So go ahead, Marcus, did you have anything else for us? [01:48:55.980 --> 01:48:59.700] I wasn't aware that you were going to put me down. [01:48:59.700 --> 01:49:00.700] Okay, alright. [01:49:00.700 --> 01:49:10.140] I can do it. I can do it. Okay. Look at what the judge did. Now, think in terms of judicial, [01:49:10.140 --> 01:49:19.100] ministerial, administrative. In a situation, you understand administrative. It's like, [01:49:19.100 --> 01:49:23.900] you know, I'm trying to get a judge to, I'm trying to get an attorney to ask the judge [01:49:23.900 --> 01:49:27.740] to remove him from the case. And we're going to tell the judge, don't you dare remove him [01:49:27.740 --> 01:49:31.060] from the case. And the judge is going to remove him. That's administrative. We get sued for [01:49:31.060 --> 01:49:32.060] it. [01:49:32.060 --> 01:49:37.300] There's another kind of decision the judge makes for which he doesn't have any immunity [01:49:37.300 --> 01:49:45.820] and that's ministerial. If I file a motion to disqualify the judge, he has zero option. [01:49:45.820 --> 01:49:51.740] He must forward that motion to the head administrative judge of the district and have that judge [01:49:51.740 --> 01:49:58.820] appoint another judge to hear this motion because it's against him. So he can't decide [01:49:58.820 --> 01:50:05.340] whether or not he's disqualified. Somebody else has to do that. The act of sending the [01:50:05.340 --> 01:50:11.160] motion to the head administrative judge of the district is a ministerial act, an act [01:50:11.160 --> 01:50:19.980] over which he has no discretion. He only has immunity from civil litigation for acts he [01:50:19.980 --> 01:50:29.940] makes within his discretion. Here's another thing that's ministerial. A trial judge may [01:50:29.940 --> 01:50:39.500] only apply the outstanding law to the facts developed in the case. He may not draw conclusions [01:50:39.500 --> 01:50:50.500] that law. The appeals court does that. So if he fails to apply the law to the facts, [01:50:50.500 --> 01:51:01.220] he abuses his discretion. He exercises a discretion he does not have and violates a ministerial [01:51:01.220 --> 01:51:07.940] duty. For that you can sue it. So as you're looking at what he did and the law surrounding [01:51:07.940 --> 01:51:16.860] it, look for that not only what he did, but the kind of decision it amounts to. If it [01:51:16.860 --> 01:51:22.220] goes to the adjudication of the case, it's judicial and you can't sue him for that. You've [01:51:22.220 --> 01:51:29.700] got to find the decisions he made that are ministerial or administrative, if that makes [01:51:29.700 --> 01:51:36.340] sense. I don't understand. He can't make conclusions at law though? Right. He can't [01:51:36.340 --> 01:51:43.540] determine what the law means. The court of appeals and the supreme courts do that for [01:51:43.540 --> 01:51:52.380] him. He can only apply the law he gets from the appeals court and the supreme court to [01:51:52.380 --> 01:51:59.340] the facts in the case. If the law tells him that he should do one thing and he does something [01:51:59.340 --> 01:52:11.540] else, that violates a ministerial duty. And you go after him for it. Okay. Okay. We need [01:52:11.540 --> 01:52:16.060] to move along. Got two callers and... Okay. Yeah. We're going to go to right now to John [01:52:16.060 --> 01:52:21.860] from Michigan. Hey, John, thanks for calling in. What's on your mind tonight? Well, I kind [01:52:21.860 --> 01:52:28.900] of already spoke with you earlier. Do you remember or did it not make the radio? I spoke [01:52:28.900 --> 01:52:33.300] with you about a court case that I went through and that the judge violated the Michigan court [01:52:33.300 --> 01:52:41.740] rules, Michigan rules of evidence and hearsay evidence. And then after I lost that part [01:52:41.740 --> 01:52:47.540] of the case, I went for appeal and the judge says, I cannot appeal without paying the bond. [01:52:47.540 --> 01:52:52.500] Yes. Even though I showed him a court case that said, a Michigan court case, that said [01:52:52.500 --> 01:52:59.220] I did not have to post the bond, that appeal is a right. He still overruled that and he [01:52:59.220 --> 01:53:07.100] says too bad. So the other, one of the third arguments was that I paid a $50 fee for trial [01:53:07.100 --> 01:53:12.420] by jury, which I did not get. And I requested the $50 back and they said, well, you're going [01:53:12.420 --> 01:53:18.500] to have to file a motion, which is going to cost you $20 to get $50. Okay. This is confusing. [01:53:18.500 --> 01:53:24.740] I thought I was talking to you. Yeah. Our caller page is kind of messed up right now. [01:53:24.740 --> 01:53:28.820] Listeners, I'm sorry, because our listener line is down. So we've got several callers [01:53:28.820 --> 01:53:33.440] up here on the call screen and it's, it's getting, it's getting kind of confusing. I'm talking [01:53:33.440 --> 01:53:39.820] to Marcus. It's like I said, it's where Randy and I are both getting confused here because [01:53:39.820 --> 01:53:44.340] we've got several callers on the screen that are listening. He was surprised that we put [01:53:44.340 --> 01:53:48.540] him on the dime and, and I apologize. I thought I was talking to somebody else. Yeah. Randy [01:53:48.540 --> 01:53:52.860] thought he was talking to Marcus and we were really talking to John. So no, I think we're [01:53:52.860 --> 01:53:58.940] talking to Marcus and I thought I was talking to John. I'm talking to John now, right? You [01:53:58.940 --> 01:54:06.820] are. Yeah. Okay. Good. Okay. Yeah. Yeah. That last stuff I was talking about, that was for [01:54:06.820 --> 01:54:15.540] you. Yeah. Okay. Good. I was right. Good. Okay. Let it, let us move on then since we've [01:54:15.540 --> 01:54:20.620] got two callers. Do you have another question? Yeah. Where would I take this to the police [01:54:20.620 --> 01:54:27.140] department, to the prosecuting attorney? Okay. Listen, tomorrow night we will get into where [01:54:27.140 --> 01:54:32.540] you take it, depending on who you want to start a fight with. Good deal. Yeah. And, [01:54:32.540 --> 01:54:36.460] and, and listeners, listen, I'm sorry, I'm going to have to apologize here, but also [01:54:36.460 --> 01:54:42.820] make a request. I'm working on getting the listener line up again. That is not my department. [01:54:42.820 --> 01:54:47.140] I have to deal with the phone company on that one. And so in the meantime, I'm just going [01:54:47.140 --> 01:54:50.940] to have to ask people, if the listener line is down, you're just going to have to listen [01:54:50.940 --> 01:54:55.620] on the internet. I, I'm sorry. I got to say that because I can't have people just calling [01:54:55.620 --> 01:55:00.620] in listening on the caller page because it, Randy and I get too confused. We lose track [01:55:00.620 --> 01:55:04.180] of who's calling and who's listening. And then when we're done with the call, people [01:55:04.180 --> 01:55:08.740] are supposed to hang up and then they don't because they, they want to listen. So, so [01:55:08.740 --> 01:55:13.060] please, I'm sorry. That's just the way it's going to have to be. At my age, I get confused [01:55:13.060 --> 01:55:17.820] real easy. Okay. All right. So, so, so Colin, if you have a question, if you want to be [01:55:17.820 --> 01:55:22.900] on the air, if you need to listen, you're going to have to find the internet. Okay. [01:55:22.900 --> 01:55:29.460] In the meantime, let's move on now. We're going now to Jesse in Texas. Hi, Randy and [01:55:29.460 --> 01:55:37.940] Deborah. I have no legal problems whatsoever. But I do have a question. You're an anomaly. [01:55:37.940 --> 01:55:43.860] And what's your question, Jesse? Cause we only have about three minutes left. Okay. [01:55:43.860 --> 01:55:51.140] Very quickly. May I tell other people who I know have legal problems, the things that [01:55:51.140 --> 01:55:58.020] you're telling me and I won't get in trouble for advising them. I mean- Oh, absolutely. [01:55:58.020 --> 01:56:05.100] All this nonsense about you can't tell somebody your opinion. Of course you can. So long as [01:56:05.100 --> 01:56:12.020] you don't hold yourself out as an attorney and be paid for it. That's what the statute [01:56:12.020 --> 01:56:18.460] says. So yeah, absolutely. And I could actually sit in court with that, that person and whisper [01:56:18.460 --> 01:56:22.540] or send a note to them if something is wrong. You could, but you'll get thrown in jail [01:56:22.540 --> 01:56:27.100] probably or the judge will throw you out. They do that to me on a regular basis. If [01:56:27.100 --> 01:56:31.900] it's civil, there's more leeway, but in a criminal court and the judge will get real [01:56:31.900 --> 01:56:40.140] excited about that. But it would be legal? No. Well, that's iffy. This goes to the discretion [01:56:40.140 --> 01:56:48.540] of the judge. He has discretion to maintain the decorum of the court. You can't represent [01:56:48.540 --> 01:56:54.800] someone or advise them when they're before the court, unless the judge says you can. [01:56:54.800 --> 01:56:58.980] And that's not likely to ever happen. Okay. That was my question. Thank you for your time. [01:56:58.980 --> 01:57:03.560] You kind of have to have them prepped going in. The best thing to do is get your documents [01:57:03.560 --> 01:57:08.820] down really well. And if the person doesn't know how to handle himself, tell the judge [01:57:08.820 --> 01:57:11.900] I stand on my documents. And if he asks a question anyway, have him start reading the [01:57:11.900 --> 01:57:16.980] document. And if the judge says, well, get to the point. I say, well, it's in here. I'll [01:57:16.980 --> 01:57:22.180] get to it, judge. And after you do that a couple of times, they'll quit asking. Okay. [01:57:22.180 --> 01:57:27.420] Thank you so much. You're welcome. All right. Excellent. All right. We have another caller [01:57:27.420 --> 01:57:32.300] now. Our last caller, Scott from Connecticut. All right, Scott, thanks for calling in. What's [01:57:32.300 --> 01:57:37.020] on your mind tonight? We have about one minute left. Hey, I just wanted to pipe in real quick [01:57:37.020 --> 01:57:43.220] for that guy with the stop sign. If he can't work out what the rule of law, maybe he can, [01:57:43.220 --> 01:57:46.500] it goes a little bit, I think, towards the merit of the case. He might want to check [01:57:46.500 --> 01:57:50.660] with the state traffic commission and find out what the stipulations for a stop sign [01:57:50.660 --> 01:57:56.940] are. Yeah. See if they did a traffic study. Yeah. Well, traffic study and like in a lot [01:57:56.940 --> 01:58:01.420] of states and whatnot, at the bottom of the stop sign, that has to be authorized by like [01:58:01.420 --> 01:58:06.100] the state traffic commission, the board of selectmen or something like that. If it's [01:58:06.100 --> 01:58:11.740] on a corner, sometimes it has to have a stop ahead sign so many feet before it at the line [01:58:11.740 --> 01:58:17.500] of sight. Good. It's supposed to be X amount of feet from the ground, but not too high. [01:58:17.500 --> 01:58:21.580] The sign itself is supposed to be a certain size. It's supposed to paint that white line [01:58:21.580 --> 01:58:27.300] called the stop bar. And I think if any of that stuff is missing, he might have to subpoena [01:58:27.300 --> 01:58:34.420] the state traffic commissioner and the public. Oh, that would be a lot of fun. Because it's [01:58:34.420 --> 01:58:38.620] not a real stop sign. Okay. People, you know, don't really want to be subpoenaed out of [01:58:38.620 --> 01:58:42.980] their cushy little job. Good. That's good information. But I'm sorry, we are out of [01:58:42.980 --> 01:58:47.580] time. We are totally out of time. Yep. But we will be back tomorrow evening, Friday, [01:58:47.580 --> 01:58:52.140] 8pm central time, eight to midnight. We'll be taking your calls and going over due process. [01:58:52.140 --> 01:59:19.740] Scott called us tomorrow. This is a rule of law. We'll be back tomorrow. [01:59:19.740 --> 01:59:37.380] Thank you very, very much. [01:59:49.740 --> 01:59:51.740] Let's sue [01:59:51.740 --> 02:00:19.740] You better treat me good