[00:00.000 --> 00:08.600] Israeli authorities are planning an ethnic cleansing campaign in the Palestinian West [00:08.600 --> 00:13.860] Bank. Israel is planning to move thousands of Palestinian residents to Gaza. Reasons [00:13.860 --> 00:18.160] given include that they are originally from Gaza or that the residence in the West Bank [00:18.160 --> 00:23.760] is illegal. The order to arrest, deport or incarcerate West Bank Palestinians comes from [00:23.760 --> 00:29.140] Israeli military commander Gabi Ashkenazi. The order is backed by a 1969 amendment that [00:29.140 --> 00:34.440] prevents and punishes infiltration to Israel from Egypt, Jordan, Syria and Lebanon. Its [00:34.440 --> 00:41.080] enforcement was delayed by pressure from Israeli and international human rights organizations. [00:41.080 --> 00:45.840] The Sudanese National Commission for Elections is extending elections for two more days in [00:45.840 --> 00:51.040] all parts of the country to end April 16th. The results will be revealed on April 18th [00:51.040 --> 00:55.880] and according to international observers, the incumbent president Omar al-Bashir is [00:55.880 --> 01:03.240] heading comfortably toward a new term after the withdrawal of two nominees from the opposition. [01:03.240 --> 01:07.560] In Thailand, the commander of the army said that he is studying the options of dismantling [01:07.560 --> 01:12.880] the parliament. Meanwhile, red shirt protests that call for dismantling parliament and early [01:12.880 --> 01:18.520] elections continue. General Anabong Baojinda said also that the dismantling of the parliament [01:18.520 --> 01:24.200] could be the only solution to end the escalating tension between government and red shirt protesters. [01:24.200 --> 01:30.600] More than 200,000 civilians are forced to flee the blood-drenched east of the Democratic [01:30.600 --> 01:37.200] Republic of Congo, DRC, due to the secretive occupation and expansion by the Rwandan regime [01:37.200 --> 01:43.560] of Paul Gagame, who is backed by Congo's president Joseph Kabila, Belgium and the U.S. African [01:43.560 --> 01:49.120] command, AFRICOM. AFRICOM under the Obama administration has major base constructions [01:49.120 --> 01:54.220] and secret deployments across central Africa with commitments to protecting the Western [01:54.220 --> 02:03.800] mining companies and their proxy armies. Activists behind WikiLeaks, the website dedicated to [02:03.800 --> 02:09.040] revealing secret documents, have complained of harassment by police and intelligence services [02:09.040 --> 02:14.400] as they prepare to release a video showing a U.S. attack in which 97 civilians were killed [02:14.400 --> 02:20.840] in Afghanistan. Last week, WikiLeaks released the cockpit recording from a U.S. Apache helicopter [02:20.840 --> 02:27.560] as it killed Iraqi civilians, including a Reuters photographer and a driver in 2007. [02:27.560 --> 02:33.360] WikiLeaks claims surveillance has intensified as WikiLeaks prepares to release a film about [02:33.360 --> 02:39.920] the so-called Grani massacre in Afghanistan when U.S. aircraft dropped 1,000-pound bombs [02:39.920 --> 02:46.720] on a suspected militant compound in Fara province last May. Another member of WikiLeaks said [02:46.720 --> 02:52.720] on Twitter, if anything happens to us, you know why and you know who is responsible. [02:52.720 --> 03:10.560] Top of the hour news brought to you by INN World Report. [03:23.320 --> 03:50.320] Bad boys, whatcha gonna do? Bad boys, bad boys, whatcha gonna do? Whatcha gonna do? [03:50.320 --> 03:54.320] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you? When you [03:54.320 --> 03:59.320] were eight and you had bad traits, you'd go to school and learn the golden rule. So why [03:59.320 --> 04:05.320] are you acting like a bloody fool? If this shit gets hot, then you must get cool. Bad [04:05.320 --> 04:10.320] boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you? Bad boys, [04:10.320 --> 04:20.320] bad boys, bad boys, whatcha gonna do? When they come for you? Bad boys, bad boys, they're [04:20.320 --> 04:26.320] chucking all of us trying to start a fight. Well, we're gonna finish it. This is the rule [04:26.320 --> 04:33.320] of law. We got Randy Cailton, Deborah Stevens, Eddie Craig, not necessarily in that order. [04:33.320 --> 04:40.320] Tonight is traffic night, Eddie's night, and Eddie wants to talk about small claims court [04:40.320 --> 04:46.320] versus justice of the peace court and some kind of in-run around the Constitution. So [04:46.320 --> 04:51.320] what's the deal here, Eddie? Okay. Well, what I want to start off with is reading you what [04:51.320 --> 04:55.320] the Constitution says about the jurisdiction of a justice of the peace. This is Article [04:55.320 --> 05:03.320] 5, Section 19, justices of the peace, jurisdiction, ex officio, notaries public. Justice of the [05:03.320 --> 05:08.320] peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable [05:08.320 --> 05:15.320] by fine only, exclusive jurisdiction in civil matters where the amount in controversy is [05:15.320 --> 05:22.320] $200 or less, and such other jurisdiction as may be provided by law. Justices of the [05:22.320 --> 05:29.320] peace shall be ex officio, notaries public. Now, Randy, I want a thought from you on this [05:29.320 --> 05:36.320] here. The Constitution has set a civil dollar limit on the jurisdiction of a justice of [05:36.320 --> 05:46.320] the peace to $200 or less. The next sentence that says, and such other jurisdiction as [05:46.320 --> 05:52.320] may be provided by law, it would appear that the legislature has attempted to use that [05:52.320 --> 05:58.320] part of that statement to do an in-run around the $200 limit jurisdiction of justices of [05:58.320 --> 06:07.320] the peace. It says such other jurisdiction. That's exactly right. It doesn't say this [06:07.320 --> 06:16.320] jurisdiction and other jurisdiction. Right. Now, there's two things here. It gives justices [06:16.320 --> 06:25.320] of the peace jurisdiction in justice of the peace courts, and it sets their civil ability [06:25.320 --> 06:33.320] to $200. Now, that being what it is and the way it reads, I don't see the legislature [06:33.320 --> 06:40.320] having the authority to grant a different money amount jurisdiction to a justice of [06:40.320 --> 06:48.320] the peace than what the Constitution said they're limited to. Well, in the reading of [06:48.320 --> 06:57.320] the common language of the Constitution, it certainly appears to very specifically articulate [06:57.320 --> 07:06.320] the limit for a justice of the peace. That's right. Okay. Now, in this case, however, it's [07:06.320 --> 07:13.320] limiting the jurisdiction to the courts even though it's speaking of justices of the peace. [07:13.320 --> 07:20.320] It specifically sets justice of the peace courts. Now, who can preside over justice [07:20.320 --> 07:25.320] of the peace courts? Justice of the peace. And no one else that we're aware of, right? [07:25.320 --> 07:30.320] That we're aware of. Okay. There certainly doesn't appear to be anything in the Constitution [07:30.320 --> 07:37.320] doing that. Now, let's see what the legislature did with the justice of the peace court before [07:37.320 --> 07:43.320] we get into the small claims court. This is subchapter B of the government code, [07:43.320 --> 07:51.320] chapter 27, section 27.031, jurisdiction. In addition to the jurisdiction and powers [07:51.320 --> 07:57.320] provided by the Constitution and other law, the justice court has original jurisdiction [07:57.320 --> 08:04.320] of one, civil matters in which exclusive jurisdiction is not in the district or county court [08:04.320 --> 08:14.320] and in which the amount in controversy is not more than $10,000 exclusive of interest. [08:14.320 --> 08:20.320] Now, how can the legislature grant jurisdiction to the justice of the peace court for a $10,000 [08:20.320 --> 08:29.320] limit when the Constitution specifically limits them to 200 or less? [08:29.320 --> 08:37.320] That's a good question. And it's inappropriate to bring up a question without having a good answer. [08:37.320 --> 08:38.320] Okay. [08:38.320 --> 08:43.320] Or if the entire question was proposed by someone with a complete and total brain fart [08:43.320 --> 08:54.320] or a foreseeable monetary interest in the outcome of this change in the statutes. [08:54.320 --> 09:01.320] This statute was last updated in 2007. I don't know which part of it was last updated [09:01.320 --> 09:06.320] because it doesn't tell me in this. I have to go back and read the bill. [09:06.320 --> 09:15.320] But this was last updated in 2007. And for my part here, 27.031, sub-bottom one, [09:15.320 --> 09:21.320] is in direct contradiction to the Texas Constitution. [09:21.320 --> 09:28.320] Okay. Now, let's look at what else the legislature has attempted to do as of 1985. [09:28.320 --> 09:38.320] In 1985, they enacted also in the government code, Chapter 28, Section 28.001, small claims courts. [09:38.320 --> 09:44.320] In each county, there is a court of inferior jurisdiction known as the small claims court. [09:44.320 --> 09:47.320] Guess who they made judge of small claims court? [09:47.320 --> 09:49.320] Justice and peace. [09:49.320 --> 09:54.320] That's right. Under 002, each justice of the peace senses a judge of the small claims court [09:54.320 --> 09:58.320] and exercises the jurisdiction provided by this chapter. [09:58.320 --> 10:03.320] Okay. Well, it appears this whole chapter came about in 1985. [10:03.320 --> 10:06.320] That's when the first section of this chapter was done, [10:06.320 --> 10:10.320] and every amended section is dated that date or later. [10:10.320 --> 10:12.320] Okay. [10:12.320 --> 10:21.320] Jurisdiction,.003, the small claims court has concurrent jurisdiction with the justice court. [10:21.320 --> 10:26.320] The justice court, in actions by any person for the recovery of money [10:26.320 --> 10:34.320] in which the amount involved exclusive of cost does not exceed $10,000. [10:34.320 --> 10:42.320] Now, the justice of the peace was set to preside over the justice of the peace courts by the Constitution. [10:42.320 --> 10:48.320] The justice of the peace's civil limits for monetary value was set to $200 or less, [10:48.320 --> 10:51.320] and so was that of the justice court. [10:51.320 --> 10:59.320] Where is the legislature claiming the authority to create a second court for a justice of the peace [10:59.320 --> 11:03.320] to preside over in addition to the justice court [11:03.320 --> 11:09.320] and to up the civil amount involved in either court to $10,000 [11:09.320 --> 11:17.320] in direct contradiction of what the Constitution says? [11:17.320 --> 11:24.320] Yeah, it sounds like they're trying to create that other jurisdiction spoken of, [11:24.320 --> 11:35.320] but you're making a presumption that the limitation in one jurisdiction will carry over to the other. [11:35.320 --> 11:38.320] No, they've got two separate things here. [11:38.320 --> 11:43.320] 27 of the jurisdiction of the justice court to $10,000. [11:43.320 --> 11:49.320] And this section in 28 says that this section has concurrent jurisdiction with the justice court [11:49.320 --> 11:52.320] for a limit up to $10,000. [11:52.320 --> 11:56.320] So it's not a jump. They're there. [11:56.320 --> 11:59.320] The jurisdiction, let me make sure I understand this right, [11:59.320 --> 12:04.320] the jurisdiction in the small claims court, [12:04.320 --> 12:16.320] does it necessarily have anything to do with the jurisdictional limits in the justice of the peace court? [12:16.320 --> 12:21.320] It says right here, has concurrent jurisdiction with the justice court. [12:21.320 --> 12:23.320] Yeah, I'm talking the limitation. [12:23.320 --> 12:28.320] The limitation was put on the justice court, not the small claims court. [12:28.320 --> 12:32.320] The small claims court was the other jurisdiction contemplated. [12:32.320 --> 12:41.320] That's true. However, section 19, the heading of it addresses justice of the peace, not the justice court. [12:41.320 --> 12:44.320] Now the body addresses the court. [12:44.320 --> 12:54.320] Okay, so you're saying that the language of the Constitution indicates that they intended the limitation to be on the man. [12:54.320 --> 12:55.320] Exactly. [12:55.320 --> 12:56.320] Not the office. [12:56.320 --> 12:59.320] Well, no, and the office. [12:59.320 --> 13:02.320] The only ones that can sit in the office are the man. [13:02.320 --> 13:07.320] And if the man is limited, the office is necessarily limited. [13:07.320 --> 13:14.320] But you can't construe the man is separate from the office. [13:14.320 --> 13:22.320] It is the man that can't address anything higher than 200. [13:22.320 --> 13:23.320] 200? [13:23.320 --> 13:27.320] Yeah, I'm thinking there was a time when it was 2,000, and that was back. [13:27.320 --> 13:32.320] So that's total amount of fines that it cannot exceed. [13:32.320 --> 13:39.320] It cannot exceed in the case of misdemeanors punishable by fine only, the total amount of the fines cannot exceed $2,000. [13:39.320 --> 13:41.320] That's what I was addressing back in the 80s. [13:41.320 --> 13:43.320] Yes. [13:43.320 --> 13:47.320] Now, here's the other possible problem here. [13:47.320 --> 13:51.320] Two public offices of emolument. [13:51.320 --> 14:05.320] There's two offices of public emolument. Is the justice of the peace separately compensated for his presiding over the small clench board? [14:05.320 --> 14:06.320] Exactly. [14:06.320 --> 14:08.320] And then there's another additional problem. [14:08.320 --> 14:10.320] That was a question. [14:10.320 --> 14:13.320] Yeah, that's the question I'm getting at. [14:13.320 --> 14:16.320] And then there's another additional problem. [14:16.320 --> 14:21.320] The other additional problem is what is a visiting justice? [14:21.320 --> 14:33.320] In any county, do you know of one judge that can move to someone else's court and substitute without taking the required oath? [14:33.320 --> 14:41.320] As I understand the code, in order to sit in the county period, he must have the required oath. [14:41.320 --> 14:52.320] Right. But when a judge goes in visits to a court other than his own, the law requires that judge to retake the oath. [14:52.320 --> 14:59.320] Yeah, but the oath is a county oath, so he has the oath in the county. If he goes to a separate county. [14:59.320 --> 15:02.320] Where does it say it's a county oath? [15:02.320 --> 15:03.320] It's violated. [15:03.320 --> 15:16.320] It's a county officer, but where does it say that to preside in a different court in the same county, that one oath carries over? [15:16.320 --> 15:29.320] Because what I've seen shows that if it's a visiting judge, whether they're in the same county or not, a visiting judge has to take the oath for every session they sit through. [15:29.320 --> 15:32.320] No, that's not the way I read it. [15:32.320 --> 15:37.320] He has to take the oath for the county. [15:37.320 --> 15:44.320] And once he has the oath on record with the county, he doesn't have to retake it. [15:44.320 --> 16:06.320] Okay, that's a fine question because, as I recall, what the code on the oath says, or what the case law says, is once a judge has taken an oath for an office, or any official has taken an oath for an office, so long as he continuously holds the office, but a visiting judge doesn't do that. [16:06.320 --> 16:10.320] Exactly. [16:10.320 --> 16:15.320] And what I've read, let me look here. [16:15.320 --> 16:17.320] Okay. [16:17.320 --> 16:19.320] Let's see. [16:19.320 --> 16:23.320] Statutory county courts and constitutional county courts. [16:23.320 --> 16:27.320] Let's see what it says. [16:27.320 --> 16:32.320] County judge fails to appear. [16:32.320 --> 16:35.320] Does he get a failure to appear? [16:35.320 --> 16:37.320] We could hope. [16:37.320 --> 16:40.320] All right, sounds like we're fixing to go to break. [16:40.320 --> 16:45.320] So folks, we're going to go over this for a few more minutes on the other side, so please stay with us. [16:45.320 --> 16:49.320] This is Eddie Craig, Randy Kelton, Deborah Stevens, Rule of Law Radio. [16:49.320 --> 16:51.320] We will be right back after these messages. [16:51.320 --> 16:53.320] And Daniel, just hang on the line. [16:53.320 --> 17:00.320] We'll take your call as soon as Eddie's finished going over this material. [17:00.320 --> 17:09.320] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, and neither is finding like-minded people to share it with. [17:09.320 --> 17:12.320] Oh, well, I guess you haven't heard of Brave New Books, then. [17:12.320 --> 17:13.320] Brave New Books? [17:13.320 --> 17:14.320] Yes. [17:14.320 --> 17:20.320] Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin. [17:20.320 --> 17:24.320] They even stock inner food, Berkey products, and Calvin Soaps. [17:24.320 --> 17:26.320] There's no way a place like that exists. [17:26.320 --> 17:32.320] Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT. [17:32.320 --> 17:35.320] By UT, there's never anywhere to park down there. [17:35.320 --> 17:43.320] Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking Facility, just behind the bookstore. [17:43.320 --> 17:46.320] It does exist, but when are they open? [17:46.320 --> 17:51.320] Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays. [17:51.320 --> 17:59.320] So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com. [18:21.320 --> 18:48.320] Alright, folks, we are back. [18:48.320 --> 18:52.320] This is Jefferson Stevens, Randy Jones, and Dave Craig, People of Law Radio. [18:52.320 --> 18:58.320] We are talking about a possible attempt by the legislature to do an end run around the Constitution [18:58.320 --> 19:03.320] with the authority and powers of the justice of the peace and their court. [19:03.320 --> 19:13.320] Now, the part I was getting to about how the visiting judge must take an oath each time they sit in a visiting location. [19:13.320 --> 19:15.320] Let's look at what the statutes say about that. [19:15.320 --> 19:24.320] If you go and you look in Government Code Section 25.0017, it's titled, Visiting Judge to Take Oath. [19:24.320 --> 19:32.320] A, a person who is a retired or former judge shall, before accepting an assignment as a visiting judge of a statutory county court, [19:32.320 --> 19:38.320] take the oath of office required by the Constitution and file the oath with the regional presiding judge. [19:38.320 --> 19:40.320] Now, that's a statutory county court. [19:40.320 --> 19:43.320] Let's look at constitutional county courts. [19:43.320 --> 19:51.320] 26.012 Government Code, or I'm sorry, 015, Visiting Judge to Take Oath. [19:51.320 --> 19:58.320] In addition to any oath previously taken, a person appointed as a visiting judge of a constitutional county court, [19:58.320 --> 20:06.320] including a person who is a retired, former, or active judge, shall take the oath of office required by the Constitution. [20:06.320 --> 20:15.320] When a visiting judge goes to a court that's not his own, he must retake the oath despite any previous oath taken. [20:15.320 --> 20:20.320] Wait a minute. Was that the statute or is that your? [20:20.320 --> 20:24.320] That's the statutes. Both of those are from statute, correct? [20:24.320 --> 20:28.320] So, despite any other oath? [20:28.320 --> 20:29.320] That's correct. [20:29.320 --> 20:36.320] So, that would tend to indicate an oath previously taken, the same oath, wait a minute, wait a minute, wait a minute. [20:36.320 --> 20:41.320] Yeah, that's what it says. In addition to any oath previously taken, both statutes say that. [20:41.320 --> 20:45.320] So, that would include the same oath previously taken. [20:45.320 --> 20:46.320] Exactly. [20:46.320 --> 20:53.320] Okay. I'm trying to split the sharp legal practice hair that the attorneys would split. [20:53.320 --> 21:03.320] So, given that, a justice of the peace is a constitutional judge who is required to take an oath. [21:03.320 --> 21:14.320] If he's presiding at a different court than the one he is set up for, would not that same requirement fall upon his head? [21:14.320 --> 21:23.320] It seems relatively clear that a resounding yes, unless they're speaking legalese and not English. [21:23.320 --> 21:32.320] Exactly. So, given that, this is another, I guarantee you, Randy, we look, this is going to be another first blush issue. [21:32.320 --> 21:35.320] I bet you this has never been argued. [21:35.320 --> 21:48.320] And I'm also willing to bet you that we can have certain sections of these acts declared unconstitutional because they are in direct contradiction to the Constitution, [21:48.320 --> 21:54.320] especially the one upping the limit on the justice court itself to 10,000. [21:54.320 --> 21:57.320] That one, yes. [21:57.320 --> 22:12.320] But if we can successfully argue that the Constitution places that limit on the office and the man occupying it, they're both out of there. [22:12.320 --> 22:16.320] Well, I think all we would need was one, the man. [22:16.320 --> 22:26.320] Yeah. If we can show that it's a limit of the man as well, then, you know, or especially, then it's a done deal. [22:26.320 --> 22:38.320] The legislature is, there's several things I have found that the legislature has gone directly against what the Constitution sets the limit to. [22:38.320 --> 22:46.320] And for some reason, it would appear that either these cases are completely unpublished or they've never been argued in court [22:46.320 --> 22:51.320] because Randy and I can't find any case law on them whatsoever. [22:51.320 --> 22:58.320] One of those especially being Section 2.03 Code of Criminal Procedure, the duties of the district are the attorney for the state [22:58.320 --> 23:07.320] in regards to reports of misconduct or other malfeasance by a public official. [23:07.320 --> 23:11.320] The district attorneys and the county attorneys won't do their job. [23:11.320 --> 23:13.320] That one's been adjudicated. [23:13.320 --> 23:14.320] Really? [23:14.320 --> 23:15.320] Oh, yeah. [23:15.320 --> 23:17.320] What year? Because it's not in any of these law books I've got. [23:17.320 --> 23:23.320] Miller v. State. This is relatively recent. [23:23.320 --> 23:24.320] Well, it would have to be. [23:24.320 --> 23:32.320] Because Aaron knows the guy personally, Miller. He was a sheriff of Brazos County. [23:32.320 --> 23:36.320] Twenty people arrested class C misdemeanor gambling. [23:36.320 --> 23:40.320] One person prosecuted, found guilty, fifth point of appeal. [23:40.320 --> 23:49.320] Selective prosecution, the courts held that since no other litigant was similarly situated as the high sheriff of Brazos County, [23:49.320 --> 23:54.320] the prosecuting attorney was without discretion he must present. [23:54.320 --> 24:00.320] That was very clear. [24:00.320 --> 24:03.320] Now, Aaron knows him, so he knew the story. [24:03.320 --> 24:09.320] The sheriff had went to the prosecutor who they were at odds with each other and asked him if this was legal. [24:09.320 --> 24:12.320] For him to have this gambling thing he was doing. [24:12.320 --> 24:13.320] They said, oh, yeah, sure. [24:13.320 --> 24:20.320] Then he goes and participates, and then they raid it so he can get rid of the sheriff. [24:20.320 --> 24:21.320] But he got the decision. [24:21.320 --> 24:23.320] He was set up by the district attorney. [24:23.320 --> 24:24.320] He was set up. [24:24.320 --> 24:29.320] The district attorney got the decision he wanted, and then I wanted to go back down to Brazos County [24:29.320 --> 24:39.320] and land on that district attorney like a ton of bricks using his own case law against him. [24:39.320 --> 24:46.320] Anyway, I want to know what Daniel's opinion on this is. [24:46.320 --> 24:53.320] But, yeah, be that as it may, this to me is another serious problem, folks. [24:53.320 --> 25:01.320] I've been researching who is responsible for changes to the code of criminal procedure [25:01.320 --> 25:06.320] and some of the other statutes relating to punitive, this, that, or the other. [25:06.320 --> 25:14.320] Well, it would appear that the committee that's in charge of the judicial changes of the statutes [25:14.320 --> 25:20.320] is manned by none other than an attorney as the chairman. [25:20.320 --> 25:25.320] He is the only attorney out of the five or six people that are on this committee, [25:25.320 --> 25:28.320] but it's still chaired by an attorney. [25:28.320 --> 25:35.320] Now, happenstance has it that one of the other people that's on this committee is one of my reps, [25:35.320 --> 25:37.320] Wayne Christian. [25:37.320 --> 25:43.320] And me and Mr. Christian are going to have a serious conversation next time he's in Nacogdoches [25:43.320 --> 25:49.320] about just exactly where they do their research to make the changes that they make, [25:49.320 --> 25:54.320] one of those being the changes to 1517B of the code of criminal procedure. [25:54.320 --> 26:01.320] This legislature was real good about going and changing the statute to reflect that now [26:01.320 --> 26:09.320] they have to direct you back to a municipal or justice court for your arraignment. [26:09.320 --> 26:12.320] This creates two problems that they have yet to deal with. [26:12.320 --> 26:21.320] The first one being, what did they do to any of the judges of these courts that refused to send the people [26:21.320 --> 26:31.320] that were before them to the county or statutory county court for arraignments prior to September 1st? [26:31.320 --> 26:33.320] Nothing. [26:33.320 --> 26:43.320] And then we turn around, now they have given arraignment decision making to a municipal or justice court, [26:43.320 --> 26:49.320] but the process of arraignment by statute is limited to a court that has jurisdiction over [26:49.320 --> 27:00.320] felonies and misdemeanors involving imprisonment, which neither of these courts can do. [27:00.320 --> 27:06.320] So how can you send somebody back to one of these two courts for an arraignment? [27:06.320 --> 27:09.320] They don't have jurisdiction. [27:09.320 --> 27:15.320] If an arraignment is specifically set only for misdemeanors where jail is an option, [27:15.320 --> 27:20.320] then all jurisdiction for either of these courts doesn't exist, [27:20.320 --> 27:25.320] which is why 1517B was correct as it was written, [27:25.320 --> 27:31.320] because the county and statutory county court had that jurisdiction to hold an arraignment. [27:31.320 --> 27:37.320] Even if the case didn't involve imprisonment, the arraignment process does [27:37.320 --> 27:43.320] and grants jurisdiction only to courts that have that power. [27:43.320 --> 27:49.320] They didn't change 26.01 of the Code of Criminal Procedure. [27:49.320 --> 27:55.320] We need folks to start suing the judge personally for presiding over, [27:55.320 --> 28:00.320] the justice judge for presiding over an arraignment. [28:00.320 --> 28:02.320] Yes, and a municipal judge. [28:02.320 --> 28:05.320] And they will get very excited about that. [28:05.320 --> 28:07.320] Say the very least. [28:07.320 --> 28:11.320] They'll get a lot more than that if I can help it. [28:11.320 --> 28:20.320] People, our legislature, I would say they're stupid, but that would be being kind. [28:20.320 --> 28:27.320] These people think that they can just do what they like, and we have to put up with it. [28:27.320 --> 28:29.320] They don't have to check themselves. [28:29.320 --> 28:33.320] They just want to make these minuscule changes to various parts of the law [28:33.320 --> 28:38.320] and put it into complete disharmony with the rest of the law [28:38.320 --> 28:44.320] just in an effort to confuse everything that's done already even worse. [28:44.320 --> 28:48.320] We can't get the courts to follow the law the way it's written now. [28:48.320 --> 28:54.320] What happens when we have 15 different ways to do the same thing and none of them seek justice? [28:54.320 --> 28:56.320] What are we going to do then? [28:56.320 --> 28:58.320] Just seeking revenue, that's all. [28:58.320 --> 28:59.320] That's it. [28:59.320 --> 29:00.320] That's all it's about. [29:00.320 --> 29:02.320] It's not providing justice. [29:02.320 --> 29:07.320] It's about sealing off all the exits for those of us that are accused of something [29:07.320 --> 29:10.320] that we're not guilty of. [29:10.320 --> 29:17.320] There's no way for you to fight a system that has no flow and structure to what it's doing. [29:17.320 --> 29:21.320] If everything in it is disjointed, the process is disjointed, [29:21.320 --> 29:24.320] the end result, therefore, is going to be what? [29:24.320 --> 29:27.320] Disjointed. [29:27.320 --> 29:29.320] Nothing's going to line up. [29:29.320 --> 29:30.320] Nothing's going to work. [29:30.320 --> 29:32.320] And who's going to suffer for it? [29:32.320 --> 29:34.320] It's not going to be the system. [29:34.320 --> 29:37.320] It's going to be you and me. [29:37.320 --> 29:40.320] It's time to fix it. [29:40.320 --> 29:42.320] All right, break music is up again. [29:42.320 --> 29:43.320] We're about to go to break. [29:43.320 --> 29:44.320] I'll quit my ranting. [29:44.320 --> 29:46.320] I just wanted to put that idea out there. [29:46.320 --> 29:47.320] I love the ranting. [29:47.320 --> 29:51.320] But we will pick all this up on the other side and open up the phone lines. [29:51.320 --> 29:54.320] This is Eddie, Randy, and Deborah, Rule of Law Radio. [29:54.320 --> 29:55.320] We'll be right back. [29:55.320 --> 30:00.320] And we got Daniel, Chris, and Joe coming up. [30:00.320 --> 30:04.320] My name is Randall Kelton, and I co-host on Rule of Law Radio. [30:04.320 --> 30:09.320] We specialize in showing people how to strike back against corrupt public officials. [30:09.320 --> 30:11.320] With the mortgage crisis worsening, [30:11.320 --> 30:15.320] we set our sights on finding a remedy for people who have been cheated by their lenders. [30:15.320 --> 30:18.320] If you have a mortgage or have paid yours off, [30:18.320 --> 30:21.320] you have probably been cheated out of thousands. [30:21.320 --> 30:22.320] But there is a remedy. [30:22.320 --> 30:30.320] Go to remediesinrealestate.com or call me at 512-430-4140 [30:30.320 --> 30:33.320] and find out how to use the consumer protection laws [30:33.320 --> 30:37.320] to recover what the lenders have stolen through fraud and deception. [30:37.320 --> 30:40.320] We will prepare for you a qualified written request [30:40.320 --> 30:43.320] that will expose the fraud and put the lenders on the dime. [30:43.320 --> 30:48.320] Lender fraud is bankrupting this country, and it's time to fight back. [30:48.320 --> 30:55.320] Go to remediesinrealestate.com or call 512-430-4140 [30:55.320 --> 31:01.320] and get the information you need to stop the money changers in their tracks. [31:01.320 --> 31:04.320] Are you the plaintiff or defendant in a lawsuit? [31:04.320 --> 31:07.320] Win your case without an attorney with Jurisdictionary, [31:07.320 --> 31:11.320] the affordable, easy to understand, 4-CD course [31:11.320 --> 31:15.320] that will show you how in 24 hours, step by step. [31:15.320 --> 31:19.320] If you have a lawyer, know what your lawyer should be doing. [31:19.320 --> 31:23.320] If you don't have a lawyer, know what you should do for yourself. [31:23.320 --> 31:28.320] Thousands have won with our step-by-step course, and now you can too. [31:28.320 --> 31:31.320] Jurisdictionary was created by a licensed attorney [31:31.320 --> 31:34.320] with 22 years of case-winning experience. [31:34.320 --> 31:39.320] Even if you're not in a lawsuit, you can learn what everyone should understand [31:39.320 --> 31:43.320] about the principles and practices that control our American courts. [31:43.320 --> 31:47.320] You'll receive our audio classroom, video seminar, tutorials, [31:47.320 --> 31:52.320] forms for civil cases, pro se tactics, and much more. [31:52.320 --> 31:56.320] Please visit ruleoflawradio.com and click on the banner [31:56.320 --> 32:01.320] or call toll-free, 866-LAW-EZ. [32:01.320 --> 32:14.320] I got a warrant, and I'm going to solve them, to the government them, prosecute them. [32:14.320 --> 32:19.320] Okay. [32:19.320 --> 32:33.320] Okay, we are back. We're going to your calls now. [32:33.320 --> 32:37.320] We've got Daniel, Chris, and Joe are up. [32:37.320 --> 32:41.320] Daniel, thanks for calling in. What's on your mind tonight? [32:41.320 --> 32:46.320] Okay, I was listening to a man by the name of Tony the other day, [32:46.320 --> 32:51.320] and he said that public officials are required to take an oath, [32:51.320 --> 32:55.320] and they have to be stamped by the Secretary of State. [32:55.320 --> 33:00.320] Another republic cannot give the oath. Am I correct? [33:00.320 --> 33:06.320] Not exactly. There are certain people authorized by statute to administer oaths, [33:06.320 --> 33:10.320] but it depends upon who the officer is as to who can administer it. [33:10.320 --> 33:14.320] Now, the other thing is that they're not all kept by the Secretary of State. [33:14.320 --> 33:17.320] State officers are filed at the Secretary of State's office, [33:17.320 --> 33:22.320] county at the county, city at the municipal secretary's office. [33:22.320 --> 33:29.320] So the authorizations and paperwork dealing with the office is kept at the location of the office. [33:29.320 --> 33:34.320] So state officials go to the state secretary or secretary of state. [33:34.320 --> 33:41.320] Yeah, but I think while the secretary of state holds the oath and bribery statement, [33:41.320 --> 33:46.320] it's not required to be sworn to before the attorney general as far as I know. [33:46.320 --> 33:48.320] And I don't remember Tony saying that, [33:48.320 --> 33:54.320] but I can sure check and see if there may be a restriction that I might have missed. [33:54.320 --> 33:57.320] Now, there is another thing Tony was talking about the other night about. [33:57.320 --> 34:06.320] There is a federal constitutional oath that all state public officials must take in addition to the state constitutional oath. [34:06.320 --> 34:08.320] And none of them have. [34:08.320 --> 34:12.320] And none of them have that. Almost guaranteed none of them have that. [34:12.320 --> 34:14.320] Okay. Under what statute would that be? [34:14.320 --> 34:16.320] Do you have a siting for that? [34:16.320 --> 34:21.320] It is actually one of the very first acts passed by the very first legislature. [34:21.320 --> 34:23.320] That much I do know. [34:23.320 --> 34:24.320] I've read about it. [34:24.320 --> 34:27.320] I have not memorized the specific site. [34:27.320 --> 34:28.320] That's me. [34:28.320 --> 34:30.320] I've heard it two or three times and I don't remember. [34:30.320 --> 34:31.320] Yeah. [34:31.320 --> 34:36.320] I've been trying to find it because it's the sheriff that I'm after because, you know, [34:36.320 --> 34:41.320] he is supposed to take a note to office and everything is done by a notary. [34:41.320 --> 34:49.320] And a notary cannot swear in a – because I was a notary and I wasn't permitted to do that. [34:49.320 --> 34:53.320] Well, in Texas notaries are allowed by law to administer oaths. [34:53.320 --> 34:58.320] Yeah, but there are certain swearing-ins that the notary can't do. [34:58.320 --> 34:59.320] Yeah, that's right. [34:59.320 --> 35:01.320] They can't swear them into a note to office. [35:01.320 --> 35:07.320] It has to be done by the Secretary of State or one of the officials from the Secretary of State. [35:07.320 --> 35:13.320] I think, yeah, some of them are the county commissioner's court judge does some of the swearing-ins. [35:13.320 --> 35:14.320] Right. [35:14.320 --> 35:15.320] Yeah, I understand that. [35:15.320 --> 35:17.320] Usually at you, though. [35:17.320 --> 35:18.320] Yeah. [35:18.320 --> 35:20.320] So, you know, that's what I was trying to find. [35:20.320 --> 35:21.320] I was there. [35:21.320 --> 35:22.320] I was at the office. [35:22.320 --> 35:23.320] Oaths come. [35:23.320 --> 35:26.320] You know, they always have a notary down on it instead of anything else. [35:26.320 --> 35:30.320] And a notary doesn't have the authority because I was a notary [35:30.320 --> 35:32.320] and I wasn't permitted to have that authority. [35:32.320 --> 35:39.320] So that's why I'm confused because as a notary you're not required to take an oath. [35:39.320 --> 35:42.320] Now, how can I administer an oath if I'm not required to take an oath? [35:42.320 --> 35:43.320] That's a good point. [35:43.320 --> 35:45.320] I was a notary and I don't ever remember taking an oath. [35:45.320 --> 35:47.320] I just paid, I think it was $14 or something. [35:47.320 --> 35:51.320] You just paid $89. [35:51.320 --> 35:56.320] So, you know, if I'm not required to take an oath, how can I administer the oath? [35:56.320 --> 35:59.320] So I've never been able to get an answer for that. [35:59.320 --> 36:03.320] Well, you know, that goes to logic. [36:03.320 --> 36:09.320] And it may well be species logic in that it would seem that in order to administer them [36:09.320 --> 36:11.320] I would have to have one. [36:11.320 --> 36:16.320] But if it's not in statute, what's the quotation? [36:16.320 --> 36:18.320] Logic is not truth. [36:18.320 --> 36:23.320] It merely has the ring of truth and therefore is the first refuge of the scoundrel. [36:23.320 --> 36:24.320] Yeah. [36:24.320 --> 36:30.320] Well, see, the other day they had served a writ of execution on me and stole all of my son's property [36:30.320 --> 36:33.320] out of here and several thousands of dollars were worth. [36:33.320 --> 36:37.320] So now I've got to go after them in some way. [36:37.320 --> 36:40.320] So I'm having a problem anyhow. [36:40.320 --> 36:45.320] But, you know, that was one of the questions I wanted to ask, you know, about the oath of office. [36:45.320 --> 36:46.320] Okay. [36:46.320 --> 36:52.320] I'm going to, okay, next time I talk to Tony I've got a note down to ask him that. [36:52.320 --> 36:54.320] Okay. I appreciate it very much. [36:54.320 --> 36:55.320] Okay. [36:55.320 --> 36:56.320] Thank you. [36:56.320 --> 36:57.320] All right. [36:57.320 --> 36:58.320] Thank you, Daniel. [36:58.320 --> 36:59.320] Okay. [36:59.320 --> 37:00.320] Thank you. [37:00.320 --> 37:01.320] Okay. [37:01.320 --> 37:03.320] We're going now to Chris in New York. [37:03.320 --> 37:05.320] Chris, thanks for calling in. [37:05.320 --> 37:06.320] What's on your mind tonight? [37:06.320 --> 37:07.320] Hello, everyone. [37:07.320 --> 37:08.320] Can you hear me? [37:08.320 --> 37:09.320] Yes. [37:09.320 --> 37:10.320] Okay. [37:10.320 --> 37:16.320] I had a traffic trial procedure question. [37:16.320 --> 37:20.320] Defined trial, first appearance, actual trial. [37:20.320 --> 37:22.320] This was an actual trial. [37:22.320 --> 37:26.320] We have a group of people that get together for all of our friends' trials. [37:26.320 --> 37:30.320] And we're under the impression we already have the case won [37:30.320 --> 37:34.320] and we were just practicing some new techniques during the trial. [37:34.320 --> 37:40.320] And I was a little thrown and I couldn't tell if it was a parlor trick [37:40.320 --> 37:43.320] or if it was an actual reason for an objection. [37:43.320 --> 37:47.320] And if so, how would you overcome it? [37:47.320 --> 37:50.320] Objection by who for what? [37:50.320 --> 37:51.320] By the attorney. [37:51.320 --> 37:53.320] And I'll paint the picture for you real quick. [37:53.320 --> 37:54.320] Prosecuting attorney. [37:54.320 --> 37:55.320] Correct. [37:55.320 --> 37:56.320] Okay. [37:56.320 --> 37:59.320] My friend had asked, and this is not a joke, [37:59.320 --> 38:02.320] two and a half hours he had the police officer up on the stand. [38:02.320 --> 38:03.320] It was glorious. [38:03.320 --> 38:04.320] It was a great night. [38:04.320 --> 38:07.320] Special trial just for him. [38:07.320 --> 38:12.320] He's just causing a big ruckus in the city there. [38:12.320 --> 38:14.320] So they gave him his own special day and time. [38:14.320 --> 38:18.320] Who was the prosecuting attorney? [38:18.320 --> 38:20.320] Sorry to interrupt, but these are important details. [38:20.320 --> 38:22.320] Who was the prosecuting attorney? [38:22.320 --> 38:25.320] He had claimed to be the assistant district attorney [38:25.320 --> 38:28.320] and we already have under county law here, [38:28.320 --> 38:34.320] he's missing three of the four qualifications to be a district attorney. [38:34.320 --> 38:35.320] So that's one of the reasons why. [38:35.320 --> 38:39.320] We're not worried that we're going to have this thing thrown out on any other issues. [38:39.320 --> 38:40.320] Okay. [38:40.320 --> 38:42.320] Well, but now there's also an addition to that. [38:42.320 --> 38:46.320] One is that unless you're in a county where the legislature [38:46.320 --> 38:51.320] has specifically authorized a district attorney to practice in a county court, [38:51.320 --> 38:53.320] he can't be there. [38:53.320 --> 38:54.320] Right. [38:54.320 --> 38:55.320] And it wasn't a county court. [38:55.320 --> 38:56.320] It was a city court. [38:56.320 --> 38:57.320] Okay. [38:57.320 --> 38:58.320] Wait a minute. [38:58.320 --> 38:59.320] He can't be there at all. [38:59.320 --> 39:00.320] Okay. [39:00.320 --> 39:01.320] Wait a minute. [39:01.320 --> 39:02.320] You're talking Texas and New York. [39:02.320 --> 39:03.320] Oh, is he in New York? [39:03.320 --> 39:04.320] Oh, okay. [39:04.320 --> 39:05.320] Never mind. [39:05.320 --> 39:06.320] So sorry. [39:06.320 --> 39:07.320] Well, I'm sorry that I'm in New York too. [39:07.320 --> 39:09.320] Well, I can't really apologize too much about that. [39:09.320 --> 39:12.320] Okay, well, I wasn't going to say that part, but go ahead. [39:12.320 --> 39:13.320] Okay. [39:13.320 --> 39:16.320] Well, if you were in this particular situation and you heard this come about, [39:16.320 --> 39:18.320] I wanted to know how you would handle it. [39:18.320 --> 39:21.320] On six or seven different occasions this had happened. [39:21.320 --> 39:23.320] I'm just going to give you one of the examples. [39:23.320 --> 39:32.320] So he, my friend Chris, had found out that the ticket came from the county sheriff's office, [39:32.320 --> 39:36.320] but the employee worked for the county sheriff's department. [39:36.320 --> 39:38.320] And we know that they're two separate companies. [39:38.320 --> 39:42.320] And it was just a fishing exhibition to see what they would say. [39:42.320 --> 39:45.320] And he asked her, who do you work for? [39:45.320 --> 39:52.320] And the sheriff's deputy said, I work for the ex-county sheriff's department. [39:52.320 --> 39:57.320] And then he said, do you also work for the county sheriff's office? [39:57.320 --> 40:02.320] And her response was, I work for the county sheriff's department. [40:02.320 --> 40:04.320] She didn't answer the question. [40:04.320 --> 40:09.320] So when he asked it again, the attorney said, objection asked and answered. [40:09.320 --> 40:14.320] You should have responded, objection non-responsive. [40:14.320 --> 40:17.320] Okay, so it would have been his opportunity to say non-responsive. [40:17.320 --> 40:20.320] Yes, she answered a question you didn't ask. [40:20.320 --> 40:24.320] Okay, because it seemed like they had their game together, [40:24.320 --> 40:28.320] the judge and the prosecutor, so well, because by the time he said, [40:28.320 --> 40:32.320] objection asked and answered, before he was done, he sustained the question. [40:32.320 --> 40:35.320] And by the time my friend had a chance to respond to it, [40:35.320 --> 40:36.320] he said it's already been ruled upon. [40:36.320 --> 40:40.320] Move on. [40:40.320 --> 40:41.320] It was a setup. [40:41.320 --> 40:50.320] Then what he says is, let the record reflect defendant's exception to the ruling. [40:50.320 --> 40:56.320] That should always go into an objectionable ruling. [40:56.320 --> 40:57.320] Okay. [40:57.320 --> 41:01.320] And that tells the judge you're noting it for appeal. [41:01.320 --> 41:02.320] Okay. [41:02.320 --> 41:08.320] And in this particular case, would you file, not just the bar grievance, [41:08.320 --> 41:10.320] but a judicial conduct complaint? [41:10.320 --> 41:14.320] We have seven against the judge right now. [41:14.320 --> 41:15.320] That's all? [41:15.320 --> 41:17.320] Weren't you guys paying attention? [41:17.320 --> 41:22.320] Well, we were all just dumbfounded with how many questions the attorney let her answer. [41:22.320 --> 41:31.320] But he was witnessed to have sped, or whatever the reason was, in town A, [41:31.320 --> 41:38.320] pulled him over in town B, and said that the jurisdiction of the court was in town C. [41:38.320 --> 41:40.320] And the judge allowed it. [41:40.320 --> 41:42.320] You need to sue the judge personally. [41:42.320 --> 41:43.320] Already on it. [41:43.320 --> 41:46.320] Just wanted to know if that was something you would, okay. [41:46.320 --> 41:52.320] We didn't know if it was a procedural, like if it was an issue that we just weren't getting, [41:52.320 --> 41:55.320] or was it a parlor trick, which it seems like it was. [41:55.320 --> 41:56.320] It was a parlor trick. [41:56.320 --> 41:58.320] The prosecutor was clearly out of line. [41:58.320 --> 42:02.320] It was clear you asked a separate question. [42:02.320 --> 42:08.320] And one thing to look for very carefully, you ask a question. [42:08.320 --> 42:12.320] If they give you an answer that's not an answer to the question that you ask, [42:12.320 --> 42:17.320] objection witnesses non-responsive, and ask the court to direct the witness [42:17.320 --> 42:20.320] to answer the question that was asked. [42:20.320 --> 42:24.320] And that is a good trick to rattle the witness. [42:24.320 --> 42:27.320] Okay. Great. [42:27.320 --> 42:34.320] And also, defendant, let the record reflect, defendant's exception to the ruling [42:34.320 --> 42:42.320] is another nice way of interrupting the prosecutor so that you always get the last say. [42:42.320 --> 42:45.320] That's great. [42:45.320 --> 42:47.320] Very good. [42:47.320 --> 42:49.320] I appreciate your time. [42:49.320 --> 42:54.320] And Randy, we're on day 11 of 20 for the QWR, waiting for them to respond. [42:54.320 --> 42:55.320] Oh, wonderful, wonderful. [42:55.320 --> 42:58.320] You guys are kicking behind up there in New York. [42:58.320 --> 43:00.320] Oh, can't stop. [43:00.320 --> 43:05.320] Once the QWR has responded to, that's when the fun starts. [43:05.320 --> 43:07.320] Well, I'd rather not respond to it. [43:07.320 --> 43:11.320] Oh, they will, you will get a not response. [43:11.320 --> 43:16.320] Keep in mind, witness failed, witness is non-responsive. [43:16.320 --> 43:18.320] That's what you will get. [43:18.320 --> 43:19.320] Great. [43:19.320 --> 43:22.320] It's designed to ensure that you get that. [43:22.320 --> 43:25.320] Well, Randy, Deborah, and Eddie, thank you so much for what you do. [43:25.320 --> 43:28.320] You don't understand the people. [43:28.320 --> 43:33.320] You really don't know if you understand how deeply you're affecting the people outside of your studio there. [43:33.320 --> 43:34.320] It's amazing. [43:34.320 --> 43:35.320] Thank you very much. [43:35.320 --> 43:36.320] Thank you, Daniel. [43:36.320 --> 43:37.320] I mean, I'm sorry. [43:37.320 --> 43:38.320] Thank you, Chris. [43:38.320 --> 43:39.320] You can call me Daniel. [43:39.320 --> 43:41.320] Well, I'm sorry. [43:41.320 --> 43:43.320] Daniel was at the top of the board. [43:43.320 --> 43:49.320] Folks, please drop off the caller board once we're done talking to you so we don't get confused. [43:49.320 --> 43:50.320] But thank you, Chris. [43:50.320 --> 43:52.320] We really do appreciate that. [43:52.320 --> 44:00.320] So when we get back, we're going to go to Joe in Austin. [44:00.320 --> 44:08.320] Attention, an important product from hempusa.org, micro plant powder will change your life by removing all types of positive toxins, [44:08.320 --> 44:16.320] such as heavy metals, parasites, bacteria, viruses, and fungus from the digestive tract and stomach wall so you can absorb nutrients. [44:16.320 --> 44:25.320] Micro plant powder is 89% silica and packed with a negative charge that attracts positive toxins from the blood, organ, spine, and brain. [44:25.320 --> 44:31.320] This product has the ability to rebuild cartilage and bone, which allows synovial fluid to return to the joints. [44:31.320 --> 44:37.320] Silica is a precursor to calcium, meaning the body turns silica into calcium and is great for the heart. [44:37.320 --> 44:43.320] There is no better time than now to have micro plant powder on your shelf or in your storage shelter. [44:43.320 --> 44:46.320] With an unlimited shelf life, you can store it anywhere. [44:46.320 --> 44:51.320] Call 908-691-2608 or visit hempusa.org. [44:51.320 --> 44:53.320] It's a great way to change your life. [44:53.320 --> 45:14.320] So call 908-691-2608 or visit us at hempusa.org today. [45:23.320 --> 45:43.320] Okay, folks, we're back. [45:43.320 --> 45:44.320] We're going to your calls. [45:44.320 --> 45:48.320] We have open phone lines now except for Joe in Texas. [45:48.320 --> 45:54.320] So if you'd like to call in, the number is 512-646-1984. [45:54.320 --> 45:56.320] We're going to Joe in Texas. [45:56.320 --> 45:57.320] Joe, thanks for calling in. [45:57.320 --> 45:59.320] What's on your mind tonight? [45:59.320 --> 46:00.320] Thank you very much. [46:00.320 --> 46:01.320] I'm in Austin. [46:01.320 --> 46:05.320] I had a question or I'm trying to see if I can help my son. [46:05.320 --> 46:17.320] This weekend he received a DWI, and the only thing they wanted him here to do was walk the line, you know, and they determined that he was drunk. [46:17.320 --> 46:28.320] But they didn't take any breathalyzer or any blood, you know, of course, you know, stating that, you know, he was drunk or, you know. [46:28.320 --> 46:33.320] You don't want to let him take blood, but the breathalyzer, he could have demanded that they give him a breathalyzer. [46:33.320 --> 46:35.320] Uh-huh. [46:35.320 --> 46:38.320] So he, but he didn't take it. [46:38.320 --> 46:43.320] All they had him do was walk the sidewalk and, you know, and he determined that he was drunk on those faces. [46:43.320 --> 46:50.320] Well, at this point there's really no proof that he was over the legal blood alcohol limit. [46:50.320 --> 46:51.320] Well, wait a minute. [46:51.320 --> 46:54.320] What happened in walking the line? [46:54.320 --> 47:05.320] Well, he, it seems to me that he passed it, other than that he just, you know, his eyes were bloodshot, and he didn't say that he, you know, that you've been arrested for a DWI. [47:05.320 --> 47:07.320] He just said, you know, he did the line real good. [47:07.320 --> 47:10.320] He only had maybe four or three drinks. [47:10.320 --> 47:20.320] Well, like I said, at this point there's no forensic proof that he was, his, he was over the blood alcohol level. [47:20.320 --> 47:22.320] I hear some background noise. [47:22.320 --> 47:24.320] Randy, is that you? [47:24.320 --> 47:25.320] Well, question. [47:25.320 --> 47:28.320] Was he actually in a car and they pulled him over? [47:28.320 --> 47:30.320] Yes, they pulled him over. [47:30.320 --> 47:32.320] Okay. [47:32.320 --> 47:36.320] And supposedly his girlfriend was drunk, but they didn't take her in. [47:36.320 --> 47:38.320] They let her go. [47:38.320 --> 47:42.320] What was their reason for probable cause to pull him over? [47:42.320 --> 47:43.320] Well, he pulled over. [47:43.320 --> 47:54.320] He went around a car, you know, around a car on the street, and they, you know, he just stopped him for that because he thought, you know, he was, you know, going, you know, [47:54.320 --> 48:10.320] he wasn't patient by going around the car. He passed. [48:10.320 --> 48:14.320] I hear the gears grinding. [48:14.320 --> 48:24.320] And of course he's trying to get a hold of a lawyer, and, you know, I told him I would, you know, call you all and find out maybe, you know, give me some information [48:24.320 --> 48:27.320] or something that I can, you know. [48:27.320 --> 48:33.320] He's gone before the judge on the 23rd, and should he plead not guilty there without a lawyer? [48:33.320 --> 48:38.320] He should ask for court appointed counsel. [48:38.320 --> 48:40.320] Court appointed counsel? [48:40.320 --> 48:47.320] Okay. Now, does your son have any knowledge about legal reform? [48:47.320 --> 48:49.320] No, sir. [48:49.320 --> 48:51.320] Does he have? How old is he? [48:51.320 --> 48:56.320] He's 23, and he's in the National Guard Reserve. [48:56.320 --> 48:59.320] Okay. Does he have the will to fight for himself? [48:59.320 --> 49:01.320] Yes. [49:01.320 --> 49:05.320] Then there's a lot that he can do. [49:05.320 --> 49:10.320] I did have one other question. You said he only had three or four drinks. Did he say that to the police officer? [49:10.320 --> 49:12.320] Yes. [49:12.320 --> 49:15.320] He's got a problem. [49:15.320 --> 49:25.320] There's a video out that's making the rounds on YouTube and such of a law professor talking to the students, the law students, [49:25.320 --> 49:34.320] about advising their clients about when to speak to the police, and the answer is never. [49:34.320 --> 49:37.320] Never going to help you. That's going to hurt him. [49:37.320 --> 49:43.320] So what he's going to need to do is go to due process. [49:43.320 --> 49:44.320] Due process? [49:44.320 --> 49:49.320] Due process. Forget the merits. He'll lose on the merits. [49:49.320 --> 49:51.320] Okay. [49:51.320 --> 50:03.320] If the police officer testifies that he failed a field sobriety test, and walking the line is just one small part of it, [50:03.320 --> 50:11.320] and the officer testifies that he told him that he had three or four drinks, that'll be enough, [50:11.320 --> 50:16.320] because generally two puts your blood alcohol beyond the legal limit. [50:16.320 --> 50:23.320] Two within an hour, not three or four within a four-hour period of time. It depends on the rate of consumption. [50:23.320 --> 50:32.320] I understand that it depends, but in the world I live in, that's going to nail you. [50:32.320 --> 50:42.320] So he needs to go to due process, and I have a whole set of documents I can give him, but he has to do it. [50:42.320 --> 50:53.320] I can give him the documentation, but he has to read them and understand them, and then I can tell him how to handle his attorney. [50:53.320 --> 51:04.320] When I had a little altercation with the DPS, and they found out I was coming after them, so they prosecuted me to stop me from suing them. [51:04.320 --> 51:10.320] Well, first thing I did was to have the court appoint me counsel. [51:10.320 --> 51:20.320] First thing I told my attorney, he's telling me how the prosecution is going to go, and I told him, no, this is how it's going to go. [51:20.320 --> 51:28.320] I've got a motion in with 21 due process violations, and that's what these motions that I have put together address. [51:28.320 --> 51:33.320] And you will adequately adjudicate every single one of them. [51:33.320 --> 51:41.320] You fail to adequately adjudicate a single one of them, I'll file a bar of grievance against you for each one. [51:41.320 --> 51:45.320] And that terrified my attorney. [51:45.320 --> 51:51.320] Yeah, there's one other thing on that, too. Did they videotape him with the cop car's camera? [51:51.320 --> 51:53.320] Yes, yeah, he has a videotape. [51:53.320 --> 51:54.320] Okay. [51:54.320 --> 51:57.320] Your son does? He has a copy of the tape? [51:57.320 --> 51:58.320] No, not yet. [51:58.320 --> 51:59.320] Okay. [51:59.320 --> 52:01.320] Have you asked for it? [52:01.320 --> 52:02.320] You asked for it? [52:02.320 --> 52:04.320] Have you asked for it? [52:04.320 --> 52:05.320] No, sir. [52:05.320 --> 52:11.320] Okay. Here's another possibility, then. Did they read him his rights? [52:11.320 --> 52:16.320] That's a question I probably did. No, I don't think so. [52:16.320 --> 52:23.320] Okay. If they did not read him his rights, they've got a problem with using the videotape as evidence. [52:23.320 --> 52:37.320] If they have not provided him a copy of that tape within 20 days prior to trial, that tape and all statements made on it or about it are inadmissible in court. [52:37.320 --> 52:38.320] Okay. [52:38.320 --> 52:47.320] That's out of 44.18, Code of Criminal Procedure, when statements may be used. [52:47.320 --> 52:52.320] Okay. And so, Randy, you're saying get a court appointed counsel? [52:52.320 --> 52:55.320] Yes, that's the best one. [52:55.320 --> 52:59.320] And I need to get that information from you. What do I need to do? [52:59.320 --> 53:07.320] Oh, he will be called to a pretrial hearing, and the purpose of this hearing is to determine whether or not he has counsel. [53:07.320 --> 53:08.320] Okay. [53:08.320 --> 53:12.320] And he's to tell the judge, no, I do not have counsel. [53:12.320 --> 53:17.320] When I went, I was in a nice three-piece suit, silk tie. [53:17.320 --> 53:21.320] She said, Mr. Kelton, do you have counsel? I said, no, I don't. [53:21.320 --> 53:25.320] Are you going to hire counsel? No, ma'am. [53:25.320 --> 53:27.320] Well, Mr. Kelton, would you like me to appoint you counsel? [53:27.320 --> 53:34.320] There was no question about whether I qualified to be appointed counsel. [53:34.320 --> 53:40.320] When I told her I had no intention of hiring counsel, they really want you to have counsel. [53:40.320 --> 53:48.320] So all he has to tell them is he don't intend to hire counsel, and they'll appoint one for him unless he objects, but don't object. [53:48.320 --> 53:49.320] Okay. [53:49.320 --> 53:53.320] And the first thing you do is land on your attorney with both feet. [53:53.320 --> 53:59.320] If you hire an attorney, it's different, but he's appointed by the state. [53:59.320 --> 54:07.320] Now, what you will get as a rule, attorneys appointed by the state, you'll get one of two kinds of attorneys. [54:07.320 --> 54:10.320] You'll get the one that's just started. [54:10.320 --> 54:14.320] And fortunately, that's what I got, so he was a little bit smarter. [54:14.320 --> 54:21.320] Or you'll get an attorney that just can't function out there in the real world, can't get his own customers, [54:21.320 --> 54:25.320] so he sits down in the courtroom and waits to get appointed someone. [54:25.320 --> 54:29.320] Those attorneys can't advertise, not directly. [54:29.320 --> 54:33.320] They can't come to you and say, I'm an attorney, and I can represent you. [54:33.320 --> 54:35.320] That's a felony. [54:35.320 --> 54:39.320] So it's intended they get their business by word of mouth. [54:39.320 --> 54:45.320] But if the guy really stinks, he doesn't get any word of mouth, so he sits down in the courthouse and waits to get appointed. [54:45.320 --> 54:47.320] Well, wait a minute, Randy. [54:47.320 --> 54:54.320] I don't understand because I see ads for attorneys that are like taking up three pages in the yellow pages. [54:54.320 --> 54:55.320] That's indirect. [54:55.320 --> 54:57.320] They can't solicit. [54:57.320 --> 54:59.320] Okay, so they can't solicit. [54:59.320 --> 55:02.320] They can advertise all they want, but they can't solicit. [55:02.320 --> 55:03.320] No, even that. [55:03.320 --> 55:08.320] It's just recently that an attorney's been allowed to advertise at all. [55:08.320 --> 55:13.320] About 15 years ago, they started relaxing those restrictions. [55:13.320 --> 55:16.320] Okay, I was going to say, because as long as I've lived in Austin, [55:16.320 --> 55:21.320] there have been attorney ads all over the back and the front of the yellow pages book. [55:21.320 --> 55:23.320] It was about 15 years ago, as I recall. [55:23.320 --> 55:25.320] I remember when it occurred. [55:25.320 --> 55:26.320] Okay, so they can advertise. [55:26.320 --> 55:36.320] They just can't solicit to you directly, but there are some exceptions to that because every time you get arrested, [55:36.320 --> 55:43.320] you get a slew of letters in the mail from attorneys wanting to represent you. [55:43.320 --> 55:44.320] So what's up with that? [55:44.320 --> 55:52.320] They can do that because all of the attorneys are allowed to blanket sin to everyone, so it's kind of even up. [55:52.320 --> 55:57.320] But that's an added relaxation, and I think it's going to become a problem. [55:57.320 --> 56:00.320] But aside from that, he can't come to you directly. [56:00.320 --> 56:04.320] It's still somewhat difficult for them to get started. [56:04.320 --> 56:10.320] So if he's new, he can't just go out and directly solicit business. [56:10.320 --> 56:14.320] He can do some blanket advertising, so it makes it easier than it used to be. [56:14.320 --> 56:19.320] And even that means that if you have an attorney sitting down at the courthouse, [56:19.320 --> 56:23.320] he's either brand new or he stinks. [56:23.320 --> 56:27.320] So you can figure that. [56:27.320 --> 56:32.320] And the other thing you can figure is he's fixing to screw you. [56:32.320 --> 56:34.320] He don't care about you. [56:34.320 --> 56:36.320] He don't care about law. [56:36.320 --> 56:38.320] He don't care about justice. [56:38.320 --> 56:42.320] He's there to make sure that you make a deal. [56:42.320 --> 56:49.320] And that's what he has to do or the courts won't be appointing him any more cases. [56:49.320 --> 56:54.320] And he has another problem, and that's the bar grievance. [56:54.320 --> 56:58.320] If he's new and it's his first year in practice, [56:58.320 --> 57:03.320] one bar grievance your first year of practice of counseling malpractice insurance immediately. [57:03.320 --> 57:06.320] It makes no difference what the bar grievance is. [57:06.320 --> 57:08.320] It will terrify your attorney. [57:08.320 --> 57:12.320] If he's been an attorney for 20 years, he gets two in one year, [57:12.320 --> 57:15.320] they'll cancel his malpractice insurance. [57:15.320 --> 57:18.320] And you're talking 21. [57:18.320 --> 57:23.320] So now you've got your attorney terrified that you're going to end his career. [57:23.320 --> 57:27.320] He'll wind up out flipping burgers somewhere. [57:27.320 --> 57:32.320] So what's going to happen, and this is exactly what I did to this one, [57:32.320 --> 57:37.320] is I told him I'd protect him, and I have a document called notice and demand. [57:37.320 --> 57:42.320] And it notices the court that I demand all of my rights, [57:42.320 --> 57:47.320] that I demand that he read every pleading and rule on every issue in every pleading. [57:47.320 --> 57:53.320] I also demand my right to represent myself, and I demand my right to counsel. [57:53.320 --> 57:58.320] What that does is relegates counsel to second chair, [57:58.320 --> 58:03.320] and it tells the judge that the attorney has an out-of-control client, [58:03.320 --> 58:10.320] so now the judge winds up having to protect this attorney from the client. [58:10.320 --> 58:14.320] Then you get him in your pocket, get him working for you. [58:14.320 --> 58:18.320] Hang on, we'll finish off with this on the other side. [58:18.320 --> 58:22.320] But there's good sides and bad sides to everything, [58:22.320 --> 58:28.320] and by this approach, you take the thing they're doing and flip it over on its head, [58:28.320 --> 58:32.320] and everybody's out of sorts, and they don't know how to deal with it. [58:32.320 --> 58:38.320] In my case, they snuck in behind us when we went out to lunch and got a dismissal, [58:38.320 --> 58:41.320] and I was unhappy about that. [58:41.320 --> 58:48.320] Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio. [58:48.320 --> 58:50.320] We'll be right back on the other side. [58:50.320 --> 58:54.320] Callers, if you'd like to call in, 512-646-1984. [58:54.320 --> 58:57.320] We have open phone lines right now. [58:57.320 --> 59:02.320] We'll be right back after the INN Well Report. [59:27.320 --> 59:29.320] We'll be right back. [59:58.320 --> 01:00:04.320] This news brief was brought to you by the International News Net. [01:00:04.320 --> 01:00:09.320] NATO troops fired on a bus in Afghanistan Monday, killing four civilians. [01:00:09.320 --> 01:00:14.320] This sparked furious protests and an expression of regret from the military alliance. [01:00:14.320 --> 01:00:19.320] About 200 men took to the streets of Kandahar, burning tires and shouting, [01:00:19.320 --> 01:00:21.320] quote, Death to America. [01:00:21.320 --> 01:00:23.320] A woman and child were among the dead. [01:00:23.320 --> 01:00:26.320] Eighteen others were wounded. [01:00:26.320 --> 01:00:31.320] The Pakistani military Saturday killed nearly 100 people in air raids in tribal areas [01:00:31.320 --> 01:00:33.320] in the country's northwest. [01:00:33.320 --> 01:00:40.320] In Araxi, 54 people said to be, quote, militants were killed during clashes over a checkpoint. [01:00:40.320 --> 01:00:42.320] A second raid killed more than 40. [01:00:42.320 --> 01:00:47.320] A Pakistani official said, quote, the airstrike was launched on a tip-off [01:00:47.320 --> 01:00:53.320] that a meeting of the Lashkar Islam group was going on. [01:00:53.320 --> 01:00:58.320] A car bomb exploded Sunday near Britain's MI5 spy service headquarters in North Ireland, [01:00:58.320 --> 01:01:02.320] minutes after historic transfer of policing power. [01:01:02.320 --> 01:01:06.320] The Irish Republican Army claimed responsibility for the attack. [01:01:06.320 --> 01:01:10.320] This news brief was brought to you by the International News Net. [01:01:10.320 --> 01:01:15.320] Barack Obama, leader of the only country who has used atomic bombs against civilians, [01:01:15.320 --> 01:01:19.320] has warned nuclear terrorism is the gravest threat to global security [01:01:19.320 --> 01:01:25.320] as he calls for action to keep nuclear-grade material out of the hands of, quote, extremists. [01:01:25.320 --> 01:01:31.320] At a two-day summit Monday, the biggest gathering of the world leaders led by a U.S. president [01:01:31.320 --> 01:01:35.320] since the end of World War II, Obama urges international cooperation [01:01:35.320 --> 01:01:39.320] on securing every ounce of loose nuclear material within four years. [01:01:39.320 --> 01:01:43.320] However, many experts view the possibility of extremists [01:01:43.320 --> 01:01:46.320] building a working atomic bomb on their own as remote. [01:01:46.320 --> 01:01:50.320] Brian Jenkins, a senior advisor at the RAND Corporation think tank, [01:01:50.320 --> 01:01:54.320] said their communication has been so successful on this issue [01:01:54.320 --> 01:01:59.320] that Al-Qaeda has become the world's first virtual terrorist nuclear power [01:01:59.320 --> 01:02:02.320] without possessing nuclear weapons. [01:02:02.320 --> 01:02:06.320] Rosa Otunbeyeva, head of Kyrgyzstan's new interim government, [01:02:06.320 --> 01:02:10.320] has revealed her country is broke, saying the former president [01:02:10.320 --> 01:02:15.320] who was overthrown last week had left only $80 million in the bank. [01:02:15.320 --> 01:02:20.320] Otunbeyeva appealed for urgent international aid to meet the country's immediate bills. [01:02:20.320 --> 01:02:25.320] She said ousted President Kumambek Baikievov had plundered the economy, [01:02:25.320 --> 01:02:30.320] installing his sons in key government positions and selling strategic state industries [01:02:30.320 --> 01:02:32.320] for a fraction of their value. [01:02:32.320 --> 01:02:37.320] Otunbeyeva, a former foreign minister, said popular anger against the president [01:02:37.320 --> 01:02:42.320] and his relatives exploded after he imposed new tariffs on electricity and water. [01:02:42.320 --> 01:02:48.320] Last Wednesday, police shot dead at least 76 people and injured more than 1,400 [01:02:48.320 --> 01:03:12.320] when protesters tried to seize the main government building in the capital of Bishkek. [01:03:19.320 --> 01:03:27.320] It's all according to the will of the Almighty [01:03:27.320 --> 01:03:34.320] I read his book and he says he cares not for the unsightly [01:03:34.320 --> 01:03:43.320] These warmongers come by that term rightly [01:03:43.320 --> 01:03:50.320] I won't pay for the war with my body Ain't gonna pay for the car with my money [01:03:50.320 --> 01:03:57.320] I won't pay for the fun with my body Their plans wicked and their logic shoddy [01:03:57.320 --> 01:04:03.320] Ain't gonna pay for the oil with my body I won't pay for the boys with my money [01:04:03.320 --> 01:04:11.320] Ain't gonna pay for the kids with my body Their whole agenda smells funny [01:04:11.320 --> 01:04:15.320] All right, their whole agenda smells funny. [01:04:15.320 --> 01:04:20.320] Their logic is they are wicked and their logic is shoddy. [01:04:20.320 --> 01:04:22.320] Those are the lyrics. [01:04:22.320 --> 01:04:25.320] Okay, we are speaking with Joe in Texas. [01:04:25.320 --> 01:04:28.320] And Randy, you had some final comments for Joe [01:04:28.320 --> 01:04:30.320] and then we're going to go to David in Colorado. [01:04:30.320 --> 01:04:37.320] Yes, and the first thing have your son do is go to jurisimprudence.com. [01:04:37.320 --> 01:04:39.320] Jurisimprudence? [01:04:39.320 --> 01:04:49.320] Imprudence, I-M-P-R-U-D-E-N-C-E.com. [01:04:49.320 --> 01:04:59.320] I-M-P-R-U-D-E-N-C-E.com. [01:04:59.320 --> 01:05:00.320] Okay. [01:05:00.320 --> 01:05:03.320] And a bunch of frogs on there, top frog on the left, [01:05:03.320 --> 01:05:07.320] click on that and read the document behind it. [01:05:07.320 --> 01:05:11.320] That tells you all of the things the police were supposed to do [01:05:11.320 --> 01:05:16.320] after they arrested him, which they didn't do. [01:05:16.320 --> 01:05:20.320] And it goes through the criminal acts they committed. [01:05:20.320 --> 01:05:22.320] That's a writ of habeas corpus. [01:05:22.320 --> 01:05:29.320] But I have those issues broken down into motions to disqualify the police officer, [01:05:29.320 --> 01:05:33.320] the prosecutor, the judge, the magistrate, everybody. [01:05:33.320 --> 01:05:38.320] And it makes, there are over 20 due process violations in every arrest. [01:05:38.320 --> 01:05:41.320] Each one is grounds for dismissal. [01:05:41.320 --> 01:05:46.320] If you go to the merits, you'll lose them almost every time [01:05:46.320 --> 01:05:49.320] because no matter what the police say, [01:05:49.320 --> 01:05:54.320] the courts will accept it as sufficient and find you guilty. [01:05:54.320 --> 01:05:57.320] However, when you go to due process, [01:05:57.320 --> 01:06:04.320] then you can, it raises the specter of your suing them. [01:06:04.320 --> 01:06:10.320] And then if you beat the crapola out of your own counsel, [01:06:10.320 --> 01:06:13.320] then you become a problem for them. [01:06:13.320 --> 01:06:20.320] However, he has to understand everything his attorney says to him is a lie. [01:06:20.320 --> 01:06:26.320] His attorney is only there to get him to make a deal. [01:06:26.320 --> 01:06:31.320] And that's why I ask if he's willing to fight them [01:06:31.320 --> 01:06:37.320] because they're very good at frightening and intimidating people. [01:06:37.320 --> 01:06:43.320] In my case, my attorney came to me and he said, [01:06:43.320 --> 01:06:45.320] the prosecutor said she knows who you are, [01:06:45.320 --> 01:06:47.320] and if you start filing criminal charges, [01:06:47.320 --> 01:06:51.320] she's going to charge you with felony tampering with a government document. [01:06:51.320 --> 01:06:55.320] I jerked out about 30 criminal complaints, and I said, get her out here. [01:06:55.320 --> 01:07:00.320] I need her to sign these under, verify these under article 2.06 of the criminal procedure. [01:07:00.320 --> 01:07:03.320] Get her out here. [01:07:03.320 --> 01:07:07.320] But they use threat and they use intimidation. [01:07:07.320 --> 01:07:13.320] They'll scare the crapola out of them and get him to sign a deal. [01:07:13.320 --> 01:07:17.320] If he's going to win the thing, he has to be willing to fight them. [01:07:17.320 --> 01:07:21.320] Okay, can you spell that J-U-R, I'm sorry? [01:07:21.320 --> 01:07:27.320] J-U-R-I-S. [01:07:27.320 --> 01:07:28.320] Okay, I get it. [01:07:28.320 --> 01:07:30.320] Imprudent. [01:07:30.320 --> 01:07:31.320] Okay, thank you very much. [01:07:31.320 --> 01:07:32.320] I appreciate it. [01:07:32.320 --> 01:07:33.320] Okey dokey. [01:07:33.320 --> 01:07:35.320] All right, thanks, Joe. [01:07:35.320 --> 01:07:40.320] Okay, we're going to go now to David in Colorado. [01:07:40.320 --> 01:07:41.320] Good evening. [01:07:41.320 --> 01:07:42.320] Thanks, David, for calling in. [01:07:42.320 --> 01:07:44.320] What's on your mind tonight? [01:07:44.320 --> 01:07:46.320] I've got several issues more. [01:07:46.320 --> 01:07:49.320] Part of it's criminal, part of it's civil. [01:07:49.320 --> 01:07:55.320] It's been like a six-year battle and kind of lost in the mix-up of being not knowing [01:07:55.320 --> 01:07:59.320] which way to go with what when there's no due process allowed. [01:07:59.320 --> 01:08:04.320] I'm going to try and summarize this in a few sentences and then kind of give you an outline. [01:08:04.320 --> 01:08:09.320] The wife and I both worked up in the casinos up in Blackhawk. [01:08:09.320 --> 01:08:11.320] We both worked for the same employer. [01:08:11.320 --> 01:08:14.320] My wife was diagnosed with MS. [01:08:14.320 --> 01:08:17.320] My wife needed accommodations called OSHA. [01:08:17.320 --> 01:08:19.320] OSHA came in and did an inspection. [01:08:19.320 --> 01:08:25.320] The day OSHA completed their inspection, I got fired for committing a gaming violation. [01:08:25.320 --> 01:08:29.320] There's no such term as a Class I gaming violation. [01:08:29.320 --> 01:08:34.320] I took my case to a court, Gilpin County, up where the casinos are. [01:08:34.320 --> 01:08:40.320] There were two charges, one spousal discrimination under state statute in the state of Colorado [01:08:40.320 --> 01:08:43.320] and one for wrongful termination. [01:08:43.320 --> 01:08:47.320] The judge would not allow the jury to hear the wrong termination charge. [01:08:47.320 --> 01:08:49.320] He would rule himself. [01:08:49.320 --> 01:08:52.320] And the jury threw the case out on the right-to-work statutes, [01:08:52.320 --> 01:08:58.320] even though all my witnesses came in to testify and never committed no gaming violation. [01:08:58.320 --> 01:09:05.320] Subsequently, six or eight months later, they gave my wife finally accommodations with a stool. [01:09:05.320 --> 01:09:08.320] She has MS, doctor's orders. [01:09:08.320 --> 01:09:13.320] Fourth day back to work from being out on work comp with tendonitis. [01:09:13.320 --> 01:09:16.320] The head of security took her stool away from her. [01:09:16.320 --> 01:09:18.320] My wife came home, her body in tremors. [01:09:18.320 --> 01:09:19.320] I took her to the doctor. [01:09:19.320 --> 01:09:22.320] The doctor took her out of work while she's out of work. [01:09:22.320 --> 01:09:28.320] Unemployment center notices she's been terminated because her employer would not accommodate her. [01:09:28.320 --> 01:09:33.320] There was a work comp settlement with my wife's tendonitis of X amount of dollars, [01:09:33.320 --> 01:09:39.320] and the attorney who represented her for the work comp claim, [01:09:39.320 --> 01:09:43.320] when he had my wife come down and sign this agreement, my wife told him specifically, [01:09:43.320 --> 01:09:48.320] I'm going to every agency I'm allowed to file charges. [01:09:48.320 --> 01:09:50.320] And all of a sudden he stopped and says, you can't. [01:09:50.320 --> 01:09:51.320] Well, why not? [01:09:51.320 --> 01:09:56.320] Because in this agreement, he went to paragraphs 19 and 20, taking away civil rights. [01:09:56.320 --> 01:10:00.320] And my wife had seven days to rescind this contract, and she did. [01:10:00.320 --> 01:10:02.320] And the attorney was notified to rescind it. [01:10:02.320 --> 01:10:05.320] He notified the other party that it's rescinded. [01:10:05.320 --> 01:10:08.320] And then he called up a couple weeks later and says, [01:10:08.320 --> 01:10:12.320] they took out paragraphs 19 and 20, come down and get your money. [01:10:12.320 --> 01:10:16.320] Wife went down and got her money, went directly to OSHA. [01:10:16.320 --> 01:10:20.320] She got a notification the following month from the other side, you've got this agreement, [01:10:20.320 --> 01:10:22.320] you're not going to go to OSHA. [01:10:22.320 --> 01:10:26.320] And called the attorney up, says, this new agreement. [01:10:26.320 --> 01:10:29.320] He said, paragraphs 19 and 20 is gone. [01:10:29.320 --> 01:10:31.320] Where's the new agreement? [01:10:31.320 --> 01:10:33.320] He turns around and sends a letter. [01:10:33.320 --> 01:10:35.320] I never knew anything about no new agreement. [01:10:35.320 --> 01:10:37.320] The document that was notarized- [01:10:37.320 --> 01:10:38.320] Okay, wait, wait, wait. [01:10:38.320 --> 01:10:41.320] This is going to get way too complex. [01:10:41.320 --> 01:10:42.320] It is very- [01:10:42.320 --> 01:10:43.320] Wait a minute, wait a minute. [01:10:43.320 --> 01:10:45.320] What is your question? [01:10:45.320 --> 01:10:50.320] Well, I guess I'll go back to lawyer-committed fraud on my wife's side. [01:10:50.320 --> 01:10:53.320] Yeah, malpractice against the attorney. [01:10:53.320 --> 01:10:56.320] And they are very sensitive to malpractice. [01:10:56.320 --> 01:10:58.320] File a bar grievance against the attorney. [01:10:58.320 --> 01:10:59.320] I did file a bar grievance. [01:10:59.320 --> 01:11:02.320] Bar grievance called and says it's your word against theirs. [01:11:02.320 --> 01:11:04.320] Okay, you don't care about that. [01:11:04.320 --> 01:11:11.320] That's always, they will blow off the bar grievance, but his insurance carrier won't. [01:11:11.320 --> 01:11:13.320] Find another reason to file a bar grievance against him. [01:11:13.320 --> 01:11:18.320] Get two against him, then cancel his malpractice insurance, then sue him. [01:11:18.320 --> 01:11:21.320] Okay, so what's the process? [01:11:21.320 --> 01:11:27.320] File a second bar grievance and file a malpractice suit against the attorney. [01:11:27.320 --> 01:11:29.320] And how do you file it? [01:11:29.320 --> 01:11:30.320] Okay. [01:11:30.320 --> 01:11:32.320] The first thing you do is send him a tort letter. [01:11:32.320 --> 01:11:34.320] You did this, you did that. [01:11:34.320 --> 01:11:41.320] You need to find a, see if you can find a manual on malpractice in Colorado. [01:11:41.320 --> 01:11:44.320] Malpractice. [01:11:44.320 --> 01:11:45.320] I've got one here for Texas. [01:11:45.320 --> 01:11:47.320] They're hard to find. [01:11:47.320 --> 01:11:49.320] And if I can make a suggestion. [01:11:49.320 --> 01:12:00.320] Do not ever talk to a public official or an attorney without a recorder that is recording everything. [01:12:00.320 --> 01:12:03.320] I don't care if that attorney is on your side or not. [01:12:03.320 --> 01:12:05.320] Don't do it. [01:12:05.320 --> 01:12:06.320] You got it. [01:12:06.320 --> 01:12:08.320] Yeah, it's kind of learning the hard way here. [01:12:08.320 --> 01:12:11.320] He's never on your side. [01:12:11.320 --> 01:12:14.320] Or at least he may be, but you have to presume that he's not. [01:12:14.320 --> 01:12:16.320] Exactly, exactly. [01:12:16.320 --> 01:12:22.320] But you can, you may be able to get your money back from the attorney. [01:12:22.320 --> 01:12:31.320] This book I have on malpractice, obviously no one who's an attorney read this book before they became an attorney. [01:12:31.320 --> 01:12:34.320] Because you can sue them for everything. [01:12:34.320 --> 01:12:37.320] Okay, okay, I got you. [01:12:37.320 --> 01:12:42.320] In other words, they didn't know what fire they're stepping into when they took this code of law. [01:12:42.320 --> 01:12:43.320] Exactly. [01:12:43.320 --> 01:12:47.320] If they'd have saw this, they'd have said, I'm out of here. [01:12:47.320 --> 01:12:50.320] So take the fight back to them. [01:12:50.320 --> 01:12:58.320] And file grievances against the attorneys on the other side for conspiring with your attorney to deny due process. [01:12:58.320 --> 01:13:03.320] Oh, grievance for the other attorney for not allowing due process. [01:13:03.320 --> 01:13:06.320] For conspiring with your attorney to deny. [01:13:06.320 --> 01:13:07.320] Okay. [01:13:07.320 --> 01:13:20.320] And then you can sue to nullify the contract as unconscionable as entered into in bad faith, absent full disclosure. [01:13:20.320 --> 01:13:24.320] Fraud by non-disclosure is the cause of action. [01:13:24.320 --> 01:13:28.320] Fraud by non-disclosure, okay. [01:13:28.320 --> 01:13:32.320] You've been most helpful in, you know, there's all these other issues going on. [01:13:32.320 --> 01:13:36.320] There's been a six-year battle. [01:13:36.320 --> 01:13:38.320] This is the problem. [01:13:38.320 --> 01:13:41.320] These cases always get so complex. [01:13:41.320 --> 01:13:47.320] And that's why I suggest people go for their throats at the first crack out of the hat. [01:13:47.320 --> 01:13:51.320] Look at their professional conduct. [01:13:51.320 --> 01:13:54.320] And don't just address the issues in front of you. [01:13:54.320 --> 01:13:58.320] Start addressing their professional conduct immediately. [01:13:58.320 --> 01:14:00.320] Let me tell you one more thing. [01:14:00.320 --> 01:14:06.320] When my wife had mentioned she's going to go to OSHA, he says, oh, you can't. [01:14:06.320 --> 01:14:09.320] And my wife finally rescinded the agreement. [01:14:09.320 --> 01:14:12.320] When we rescinded the agreement, we went directly to OSHA. [01:14:12.320 --> 01:14:16.320] And my wife had a mediation hearing and got scolded by the mediator in OSHA. [01:14:16.320 --> 01:14:17.320] Why is she there? [01:14:17.320 --> 01:14:20.320] Because she signed this contract. [01:14:20.320 --> 01:14:23.320] She basically got scolded for being there. [01:14:23.320 --> 01:14:26.320] So she should go after the OSHA official. [01:14:26.320 --> 01:14:27.320] Okay. [01:14:27.320 --> 01:14:29.320] Public officials are a lot easier. [01:14:29.320 --> 01:14:32.320] They get to crawl right up the chain of command. [01:14:32.320 --> 01:14:38.320] One of my favorite experiences was chewing out the director of the Department of Public Safety [01:14:38.320 --> 01:14:42.320] because of something one of his sergeants told me. [01:14:42.320 --> 01:14:50.320] And I accused him of sending that sergeant personally to tell me what he told me. [01:14:50.320 --> 01:14:55.320] The sergeant said that, asked me, I told him something about law. [01:14:55.320 --> 01:14:58.320] And he said, well, what makes you think that's the case? [01:14:58.320 --> 01:15:00.320] And I went and got my copy of the Code of Criminal Procedure. [01:15:00.320 --> 01:15:01.320] He said, this does. [01:15:01.320 --> 01:15:05.320] He said, well, Mr. Calcon, since you're not an attorney, [01:15:05.320 --> 01:15:10.320] I don't consider my officers sufficiently sophisticated in legal matters, [01:15:10.320 --> 01:15:15.320] so as to make it profitable for them to attempt to read and understand everything that's in the penal code. [01:15:15.320 --> 01:15:20.320] And since you're not an attorney, I don't consider you sophisticated enough either. [01:15:20.320 --> 01:15:22.320] I said, say what? [01:15:22.320 --> 01:15:25.320] You're telling me that your officer's too darn stupid to read the penal code? [01:15:25.320 --> 01:15:27.320] You think I am too? [01:15:27.320 --> 01:15:29.320] He had came to answer one of my complaints. [01:15:29.320 --> 01:15:32.320] He said, I don't have to sit here and take this. [01:15:32.320 --> 01:15:33.320] That's right, Sergeant, you don't. [01:15:33.320 --> 01:15:35.320] There's no anchor on your behind. [01:15:35.320 --> 01:15:38.320] There's the door. [01:15:38.320 --> 01:15:41.320] But then I called the director of the Department of Public Safety, [01:15:41.320 --> 01:15:47.320] and when I got him, Colonel Adams, what do you mean I'm too stupid to read the penal code? [01:15:47.320 --> 01:15:48.320] Who is this? [01:15:48.320 --> 01:15:49.320] Mr. Randall Calton. [01:15:49.320 --> 01:15:53.320] What do you mean sending Sergeant Rankin out to tell me that I'm too stupid to read the penal code, [01:15:53.320 --> 01:15:55.320] and so are your officers? [01:15:55.320 --> 01:16:03.320] It took him 20 minutes to get that story out of me while I'm grinding on him the whole time. [01:16:03.320 --> 01:16:11.320] Sergeant Rankin retired as a sergeant, and I like to think I'm the reason. [01:16:11.320 --> 01:16:16.320] Well, you know, you've given me some ideas here, some thought processes I need to put together, [01:16:16.320 --> 01:16:18.320] some homework I need to complete. [01:16:18.320 --> 01:16:25.320] But just having somebody saying you need to step forward with certain due processes, [01:16:25.320 --> 01:16:28.320] that's what I'm trying to get out of this. [01:16:28.320 --> 01:16:33.320] Yeah, think about how do you defend yourself against a dog? [01:16:33.320 --> 01:16:36.320] Don't beat the crap out of him. [01:16:36.320 --> 01:16:38.320] He'll go away. [01:16:38.320 --> 01:16:40.320] Okay, this is... [01:16:40.320 --> 01:16:41.320] I appreciate that. [01:16:41.320 --> 01:16:47.320] Okay, this is Randy Calton, Deborah Stevens, Eddie Craig, Rule of Law Radio. [01:16:47.320 --> 01:16:53.320] If phone lines are open, if you have any questions or comments, we'll be back on the other side. [01:16:53.320 --> 01:16:57.320] And the phone number is 512-646-1984. [01:16:57.320 --> 01:17:00.320] We got empty lines, so call in. [01:17:00.320 --> 01:17:06.320] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, [01:17:06.320 --> 01:17:09.320] and neither is finding like-minded people to share it with. [01:17:09.320 --> 01:17:12.320] Oh, well, I guess you haven't heard of Brave New Books, then. [01:17:12.320 --> 01:17:13.320] Brave New Books? [01:17:13.320 --> 01:17:17.320] Yes, Brave New Books has all the books and DVDs you're looking for by authors [01:17:17.320 --> 01:17:20.320] like Alex Jones, Ron Paul, and G. Edward Griffin. [01:17:20.320 --> 01:17:24.320] They even stock inner food, Berkey products, and Calvin Soaps. [01:17:24.320 --> 01:17:26.320] There's no way a place like that exists. [01:17:26.320 --> 01:17:28.320] Go check it out for yourself. [01:17:28.320 --> 01:17:32.320] It's downtown at 1904 Guadalupe Street, just south of UT. [01:17:32.320 --> 01:17:35.320] By UT, there's never anywhere to park down there. [01:17:35.320 --> 01:17:39.320] Actually, they now offer a free hour of parking for paying customers [01:17:39.320 --> 01:17:43.320] at the 500 MLK parking facility, just behind the bookstore. [01:17:43.320 --> 01:17:47.320] It does exist, but when are they open? [01:17:47.320 --> 01:17:51.320] Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays. [01:17:51.320 --> 01:17:55.320] So give them a call at 512-480-2503, [01:17:55.320 --> 01:18:10.320] or check out their events page at bravenewbookstore.com. [01:18:25.320 --> 01:18:30.320] I was blindsided, but now I can see your plans. [01:18:30.320 --> 01:18:35.320] You put the fear in my pocket, took the money from my hand. [01:18:35.320 --> 01:18:44.320] Ain't gonna fool me with that same old trick again. [01:18:44.320 --> 01:19:00.320] Ain't gonna fool me. [01:19:00.320 --> 01:19:05.320] Ain't gonna drive me with that same old sucker punch. [01:19:05.320 --> 01:19:10.320] I get it now, but then I must have it in the gun. [01:19:10.320 --> 01:19:15.320] Back then you had room to move, but now you're feeling the crunch. [01:19:15.320 --> 01:19:36.320] Ain't gonna get me with that same old sucker punch. [01:19:36.320 --> 01:19:45.320] Ain't gonna please me with that same old lesson song. [01:19:45.320 --> 01:19:50.320] You thought you were right, but now you got it all wrong. [01:19:50.320 --> 01:19:55.320] It was a weak moment for me, but I had the power all along. [01:19:55.320 --> 01:20:13.320] Ain't gonna please me with that same old lesson song. [01:20:13.320 --> 01:20:15.320] Okay, we are back. The Rule of Law. [01:20:15.320 --> 01:20:19.320] Randy Kelton, Eddie Craig, Deborah Stevens. [01:20:19.320 --> 01:20:21.320] We're taking your phone calls. [01:20:21.320 --> 01:20:24.320] We've got Allen from Texas on the line. [01:20:24.320 --> 01:20:27.320] Allen, thanks for calling in. What's on your mind tonight? [01:20:27.320 --> 01:20:30.320] Thank you very much for accepting my call. [01:20:30.320 --> 01:20:35.320] I drive for Levin, and I got a speeding ticket [01:20:35.320 --> 01:20:39.320] that I really don't believe that I was speeding. [01:20:39.320 --> 01:20:44.320] Were you driving at the time in your occupation? [01:20:44.320 --> 01:20:47.320] My occupation, I'm a cab driver. [01:20:47.320 --> 01:20:50.320] Were you operating your cab at the time you got the ticket? [01:20:50.320 --> 01:20:55.320] Yes, sir. That's where I got the ticket on. [01:20:55.320 --> 01:20:57.320] All right, who wrote the ticket? [01:20:57.320 --> 01:21:00.320] The officer, motorcyclist officer. [01:21:00.320 --> 01:21:04.320] Municipal, county, or state? [01:21:04.320 --> 01:21:07.320] It's Austin Police Department. [01:21:07.320 --> 01:21:09.320] Municipal. [01:21:09.320 --> 01:21:11.320] Okay, Austin Police Department has a slight problem [01:21:11.320 --> 01:21:14.320] according to the administrative code. [01:21:14.320 --> 01:21:17.320] If that officer is not properly certified, [01:21:17.320 --> 01:21:21.320] he cannot do traffic enforcement. [01:21:21.320 --> 01:21:23.320] That's their first problem. [01:21:23.320 --> 01:21:31.320] You can find that under Title 37, Rule 4.13, Subsection B [01:21:31.320 --> 01:21:33.320] of the Texas Administrative Code. [01:21:33.320 --> 01:21:38.320] The authority to delegate to the local law enforcement officials [01:21:38.320 --> 01:21:43.320] for the regulation of commercial motor vehicles is right there. [01:21:43.320 --> 01:21:44.320] Right. [01:21:44.320 --> 01:21:48.320] That you are most assuredly in a commercial motor vehicle. [01:21:48.320 --> 01:21:50.320] Guess what? [01:21:50.320 --> 01:21:55.320] That officer has to have complied with that section [01:21:55.320 --> 01:21:58.320] before he can enforce those statutes against you. [01:21:58.320 --> 01:22:01.320] Okay, would you tell me again that Section 34? [01:22:01.320 --> 01:22:08.320] It's Title 37 of the administrative code, Rule 4.13 Bravo. [01:22:08.320 --> 01:22:12.320] 4.13 Bravo. [01:22:12.320 --> 01:22:17.320] And you want to look also at Section A of that same rule [01:22:17.320 --> 01:22:20.320] because it goes into very clear detail. [01:22:20.320 --> 01:22:23.320] Here's the locations they can enforce, [01:22:23.320 --> 01:22:26.320] and here's the kind of officers that can do it, [01:22:26.320 --> 01:22:29.320] and here's the qualifications they must have. [01:22:29.320 --> 01:22:33.320] And if they are missing any one of those things, [01:22:33.320 --> 01:22:37.320] that officer is in violation of the law. [01:22:37.320 --> 01:22:39.320] Okay. [01:22:39.320 --> 01:22:44.320] Now, my question if I spy this, I got to go to the not guilty, [01:22:44.320 --> 01:22:45.320] and then if we go... [01:22:45.320 --> 01:22:47.320] Whoa, whoa, whoa, whoa, whoa, whoa, whoa. [01:22:47.320 --> 01:22:51.320] Do you understand the nature of the charges against you? [01:22:51.320 --> 01:22:52.320] Yes. [01:22:52.320 --> 01:22:53.320] You do? [01:22:53.320 --> 01:22:54.320] You're sure about that? [01:22:54.320 --> 01:22:58.320] That was speeding 71 on 55. [01:22:58.320 --> 01:23:00.320] That's not the question I asked you. [01:23:00.320 --> 01:23:06.320] I asked, do you know the nature of the charges against you? [01:23:06.320 --> 01:23:09.320] I didn't ask you if you knew what they were charging you with. [01:23:09.320 --> 01:23:14.320] I asked if you knew the nature of the charges they're charging you with. [01:23:14.320 --> 01:23:17.320] I guess it's a criminal charge. [01:23:17.320 --> 01:23:19.320] You guess it's a criminal charge. [01:23:19.320 --> 01:23:20.320] So you're not positive. [01:23:20.320 --> 01:23:23.320] You think it is, but you're not positive, right? [01:23:23.320 --> 01:23:28.320] Well, all the violations, they say that the traffic violation is criminal. [01:23:28.320 --> 01:23:31.320] Who told you that? [01:23:31.320 --> 01:23:38.320] Well, one other time that I was in court actually, been saved by the judge. [01:23:38.320 --> 01:23:40.320] The judge told you that? [01:23:40.320 --> 01:23:44.320] And did they tell you whether or not the rules have changed in this case? [01:23:44.320 --> 01:23:46.320] No, they haven't. [01:23:46.320 --> 01:23:47.320] Okay. [01:23:47.320 --> 01:23:54.320] The point here is what I'm trying to get you to understand is, one, you're not a legal expert. [01:23:54.320 --> 01:23:55.320] You're not an attorney. [01:23:55.320 --> 01:23:58.320] You're not well versed in the legalese that they use. [01:23:58.320 --> 01:23:59.320] Is that correct? [01:23:59.320 --> 01:24:00.320] Correct. [01:24:00.320 --> 01:24:01.320] Okay. [01:24:01.320 --> 01:24:05.320] Do not ever make an assumption about anything. [01:24:05.320 --> 01:24:09.320] Not what you think you know, not what you think you understand. [01:24:09.320 --> 01:24:10.320] That is a mistake. [01:24:10.320 --> 01:24:11.320] Yes, sir. [01:24:11.320 --> 01:24:13.320] Okay. [01:24:13.320 --> 01:24:20.320] You go in there, no, Judge, I don't understand the charges against me. [01:24:20.320 --> 01:24:23.320] What is the nature of the charge against me? [01:24:23.320 --> 01:24:25.320] Well, sir, you're being charged with speeding. [01:24:25.320 --> 01:24:28.320] No, Judge, that's not what I asked you. [01:24:28.320 --> 01:24:30.320] I didn't ask you what the charge was. [01:24:30.320 --> 01:24:33.320] I asked you what the nature of the charge was. [01:24:33.320 --> 01:24:39.320] The Constitution of Texas says you have the right to know the nature of the charges against you [01:24:39.320 --> 01:24:42.320] and to have a copy thereof. [01:24:42.320 --> 01:24:43.320] Okay? [01:24:43.320 --> 01:24:44.320] Yes, sir. [01:24:44.320 --> 01:24:50.320] So they have to inform you if they are charging you civilly, criminally, or administratively. [01:24:50.320 --> 01:24:55.320] Now, there's another problem not only with the certifications of the officer, [01:24:55.320 --> 01:25:02.320] but there's also a problem with exactly whether or not they've exhausted all administrative remedies [01:25:02.320 --> 01:25:06.320] before taking you into a judicial forum. [01:25:06.320 --> 01:25:10.320] By any chance have you bought the seminar materials? [01:25:10.320 --> 01:25:11.320] No, sir. [01:25:11.320 --> 01:25:12.320] Okay. [01:25:12.320 --> 01:25:16.320] I would highly recommend you do that because it contains a lot of legal paperwork [01:25:16.320 --> 01:25:23.320] as well as actual study and information regarding the traffic statutes in Texas as they are written. [01:25:23.320 --> 01:25:28.320] It goes into great detail discussing every facet of these chapters. [01:25:28.320 --> 01:25:29.320] Okay? [01:25:29.320 --> 01:25:30.320] Okay. [01:25:30.320 --> 01:25:35.320] And you will find out that there's an awful lot about the law that you're thinking one way, [01:25:35.320 --> 01:25:40.320] and that's not what it says and that's not what it means. [01:25:40.320 --> 01:25:41.320] Okay? [01:25:41.320 --> 01:25:49.320] But on top of that, you will get the legal paperwork that you can just alter to suit your particular circumstances [01:25:49.320 --> 01:25:55.320] and file it and stand a fighting chance rather than going in there just waiting on them to run you over their coals [01:25:55.320 --> 01:25:57.320] because that's what they're going to do. [01:25:57.320 --> 01:25:58.320] Yes, sir. [01:25:58.320 --> 01:25:59.320] Okay? [01:25:59.320 --> 01:26:10.320] And so far it appears as though the Austin Municipal Courts will pay absolutely no attention to any law whatsoever. [01:26:10.320 --> 01:26:25.320] So I'm thinking we may need to start putting together a civil action, a class action, [01:26:25.320 --> 01:26:29.320] and start including everyone who gets a ticket. [01:26:29.320 --> 01:26:31.320] It's all about money. [01:26:31.320 --> 01:26:33.320] They're trying to see how much money they can get from you. [01:26:33.320 --> 01:26:34.320] It's all about money. [01:26:34.320 --> 01:26:40.320] So let's see how much money we can take back away from them. [01:26:40.320 --> 01:26:47.320] So I'm going to start with what I'm working on right now, putting together a suit for the city, [01:26:47.320 --> 01:26:52.320] and we'll start seeing how many people we can get to sign on. [01:26:52.320 --> 01:26:54.320] I'm on foot. [01:26:54.320 --> 01:27:01.320] We just might get enough people to sign on the suit so that when the mayor counts the numbers, [01:27:01.320 --> 01:27:06.320] he can consider them as votes. [01:27:06.320 --> 01:27:12.320] Whether we win the suit or not, we may win the city council. [01:27:12.320 --> 01:27:13.320] Yes. [01:27:13.320 --> 01:27:17.320] But that's one of the things I'm going to start working on. [01:27:17.320 --> 01:27:26.320] I have a couple of issues in the courts now where what they're doing is just so incredibly outrageous [01:27:26.320 --> 01:27:32.320] that I generally don't like class action suits, but this one is perfect for it. [01:27:32.320 --> 01:27:34.320] So keep in touch with us. [01:27:34.320 --> 01:27:40.320] We'll get a petition together and start getting anybody who wants to to sign on to it, [01:27:40.320 --> 01:27:44.320] and we'll see if we can't start winding their clocks. [01:27:44.320 --> 01:27:49.320] You can get the seminar material off the rule of law website, [01:27:49.320 --> 01:27:53.320] and it's got information in there for getting in touch with me and everything [01:27:53.320 --> 01:27:57.320] and some of the court documents because they're based on my information, [01:27:57.320 --> 01:28:01.320] though I'll write them for various people or different situations. [01:28:01.320 --> 01:28:05.320] I just use my information in each one of them so that it's fully filled out. [01:28:05.320 --> 01:28:09.320] So there's a way for you to get in touch with me through that, okay? [01:28:09.320 --> 01:28:11.320] Is there any direct number? [01:28:11.320 --> 01:28:12.320] I'm sorry? [01:28:12.320 --> 01:28:15.320] Is there any direct number you have? [01:28:15.320 --> 01:28:19.320] Well, if you'll send me a contact email from the website, [01:28:19.320 --> 01:28:23.320] then I will get in direct voice communication with you [01:28:23.320 --> 01:28:27.320] because the only phone number I've got is my cell phone, [01:28:27.320 --> 01:28:31.320] and so I don't want to run the bills on that up any higher than I have to. [01:28:31.320 --> 01:28:33.320] I understand. [01:28:33.320 --> 01:28:37.320] So I can contact you through Skype and other means that I've already prepaid [01:28:37.320 --> 01:28:40.320] for an entire year for and don't have to worry about where I'm calling. [01:28:40.320 --> 01:28:41.320] Okay. [01:28:41.320 --> 01:28:45.320] One other question I have, if I go, please not guilty, and go to court, [01:28:45.320 --> 01:28:47.320] can I ask the judge or... [01:28:47.320 --> 01:28:48.320] Wait, wait, wait, wait, wait. [01:28:48.320 --> 01:28:53.320] You cannot enter a plea until you understand the nature of the charges against you. [01:28:53.320 --> 01:28:54.320] Understand that. [01:28:54.320 --> 01:28:55.320] Oh, okay. All right. [01:28:55.320 --> 01:28:56.320] Okay? [01:28:56.320 --> 01:28:57.320] Yeah. [01:28:57.320 --> 01:29:01.320] Now, also, have you checked the record to see whether or not [01:29:01.320 --> 01:29:06.320] a complaint has already been filed by the sighting officer? [01:29:06.320 --> 01:29:07.320] No, I haven't checked. [01:29:07.320 --> 01:29:10.320] Okay. When did you get the ticket? [01:29:10.320 --> 01:29:12.320] About three weeks ago. [01:29:12.320 --> 01:29:13.320] Three weeks ago? [01:29:13.320 --> 01:29:16.320] When's your court date? [01:29:16.320 --> 01:29:18.320] Fourth, May 4th. [01:29:18.320 --> 01:29:19.320] May 4th. [01:29:19.320 --> 01:29:20.320] All right. [01:29:20.320 --> 01:29:24.320] The first thing you need to be aware of, you need to go down right now [01:29:24.320 --> 01:29:29.320] and get a copy of everything that's in your court file. [01:29:29.320 --> 01:29:30.320] Okay? [01:29:30.320 --> 01:29:31.320] Mm-hmm. [01:29:31.320 --> 01:29:36.320] Then, at least one day prior to trial, you go check it again [01:29:36.320 --> 01:29:38.320] and get copies of anything new. [01:29:38.320 --> 01:29:41.320] But if you'll hang on just a minute, we're about to go to break, [01:29:41.320 --> 01:29:44.320] and we'll pick this up on the other side and finish up with you, okay? [01:29:44.320 --> 01:29:45.320] Yes, sir. [01:29:45.320 --> 01:29:46.320] All right. [01:29:46.320 --> 01:29:50.320] This is Eddie Craig, Randy Kelton, Denver Stevens, 512-646-1984. [01:29:50.320 --> 01:29:54.320] If you want to call in, we will see you on the other side of the break. [01:29:54.320 --> 01:29:55.320] Yes, sir. [01:29:55.320 --> 01:30:00.320] Thank you. [01:30:00.320 --> 01:30:04.320] My name is Randall Kelton, and I co-host on Rule of Law Radio. [01:30:04.320 --> 01:30:09.320] We specialize in showing people how to strike back against corrupt public officials. [01:30:09.320 --> 01:30:11.320] With the mortgage crisis worsening, [01:30:11.320 --> 01:30:16.320] we provide our sites on finding a remedy for people who have been cheated by their lenders. [01:30:16.320 --> 01:30:18.320] If you have a mortgage or have paid yours off, [01:30:18.320 --> 01:30:21.320] you have probably been cheated out of thousands. [01:30:21.320 --> 01:30:22.320] But there is a remedy. [01:30:22.320 --> 01:30:30.320] Go to remediesinrealestate.com or call me at 512-430-4140 [01:30:30.320 --> 01:30:33.320] and find out how to use the consumer protection laws [01:30:33.320 --> 01:30:37.320] to recover what the lenders have stolen through fraud and deception. [01:30:37.320 --> 01:30:41.320] We will prepare for you a qualified written request that will expose the fraud [01:30:41.320 --> 01:30:43.320] and put the lenders on the dime. [01:30:43.320 --> 01:30:47.320] Lender fraud is bankrupting this country, and it's time to fight back. [01:30:47.320 --> 01:30:54.320] Go to remediesinrealestate.com or call 512-430-4140 [01:30:54.320 --> 01:31:00.320] and get the information you need to stop the money changers in their tracks. [01:31:00.320 --> 01:31:05.320] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [01:31:05.320 --> 01:31:09.320] Stop debt collectors now with the Michael Mears Proven Method. [01:31:09.320 --> 01:31:14.320] Michael Mears has won six cases in federal court against debt collectors, and now you can win two. [01:31:14.320 --> 01:31:20.320] You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes, [01:31:20.320 --> 01:31:24.320] what to do when contacted by phone, mail, or court summons, [01:31:24.320 --> 01:31:26.320] how to answer letters and phone calls, [01:31:26.320 --> 01:31:29.320] how to get debt collectors out of your credit report, [01:31:29.320 --> 01:31:33.320] how to turn your financial tables on them and make them pay you to go away. [01:31:33.320 --> 01:31:38.320] The Michael Mears Proven Method is the solution for how to stop debt collectors. [01:31:38.320 --> 01:31:41.320] Personal consultation is available as well. [01:31:41.320 --> 01:31:44.320] For more information, please visit ruleoflawradio.com [01:31:44.320 --> 01:31:49.320] and click on the blue Michael Mears banner or email michaelmears at yahoo.com. [01:31:49.320 --> 01:31:57.320] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [01:31:57.320 --> 01:32:00.320] to learn how to stop debt collectors now. [01:32:00.320 --> 01:32:04.320] Yeah, who you want to check? Who you take me for? Free to leave. [01:32:04.320 --> 01:32:08.320] Who you want to check? Me no free to leave. You can't check me. [01:32:08.320 --> 01:32:10.320] All the time. [01:32:10.320 --> 01:32:13.320] Don't let them check you in the morning. Check you in the evening. [01:32:13.320 --> 01:32:15.320] Put a check in your body. [01:32:15.320 --> 01:32:17.320] And then when you go computer reading, [01:32:17.320 --> 01:32:19.320] you can't hide me from nobody. [01:32:19.320 --> 01:32:20.320] What me say? [01:32:20.320 --> 01:32:22.320] Check in your mom. Check in your daddy. [01:32:22.320 --> 01:32:24.320] Check in your grandpa and the granny. [01:32:24.320 --> 01:32:27.320] Check in on me. Check in on your baby. [01:32:27.320 --> 01:32:29.320] Check in on your family, whole family. [01:32:29.320 --> 01:32:31.320] Check in on your dog and the cat around me. [01:32:31.320 --> 01:32:34.320] Check in on the beef and you still go eat it. [01:32:34.320 --> 01:32:36.320] Check in on the fish, them all in the sea. [01:32:36.320 --> 01:32:39.320] Check in on the shark and the whale around me. [01:32:39.320 --> 01:32:41.320] You see mankind gone shit crazy. [01:32:41.320 --> 01:32:43.320] Take the clinic home and they want to eat it. [01:32:43.320 --> 01:32:46.320] Social security, they've got to tell me. [01:32:46.320 --> 01:32:48.320] Number when they give me, they'll rip it up and see. [01:32:48.320 --> 01:32:51.320] Check in you in the morning. Check in you in the evening. [01:32:51.320 --> 01:32:53.320] Check in you all the time. [01:32:53.320 --> 01:32:55.320] Experiment on mankind. [01:32:55.320 --> 01:32:57.320] But man, you know, say them lie. [01:32:57.320 --> 01:33:01.320] Man, you have your body, freedom or something. [01:33:01.320 --> 01:33:03.320] Man, you fight for me. [01:33:03.320 --> 01:33:04.320] Okay, we are back. [01:33:04.320 --> 01:33:08.320] We're speaking with Alan in Texas. [01:33:08.320 --> 01:33:13.320] And again, folks, we've got about a half an hour left here. [01:33:13.320 --> 01:33:20.320] So if you want to call in, 512-646-1984. [01:33:20.320 --> 01:33:23.320] Okay, and Eddie, you were speaking with Alan. [01:33:23.320 --> 01:33:24.320] Go ahead, Eddie. [01:33:24.320 --> 01:33:28.320] Okay, now once you've actually checked your court file [01:33:28.320 --> 01:33:30.320] and saw what's in it, okay, [01:33:30.320 --> 01:33:32.320] what you're looking for is a signed [01:33:32.320 --> 01:33:37.320] and verified complaint by the issuing officer, okay? [01:33:37.320 --> 01:33:38.320] Okay. [01:33:38.320 --> 01:33:41.320] Now, you cannot enter a plea in any case [01:33:41.320 --> 01:33:44.320] unless there is a complaint against you. [01:33:44.320 --> 01:33:45.320] How does that work? [01:33:45.320 --> 01:33:48.320] How can you plea to something that doesn't exist? [01:33:48.320 --> 01:33:49.320] You see the problem? [01:33:49.320 --> 01:33:50.320] Yes, sir. [01:33:50.320 --> 01:33:52.320] So if they have not filed a complaint, [01:33:52.320 --> 01:33:54.320] how do you enter a plea? [01:33:54.320 --> 01:33:56.320] I can't. [01:33:56.320 --> 01:33:57.320] Exactly. [01:33:57.320 --> 01:34:00.320] Now, here's the thing you want to be careful of with the judge. [01:34:00.320 --> 01:34:02.320] When you tell the judge, [01:34:02.320 --> 01:34:05.320] well, one, I don't understand the nature of the charges against me. [01:34:05.320 --> 01:34:09.320] Two, there is no complaint against me, so what am I pleading to? [01:34:09.320 --> 01:34:11.320] When the judge tells you well, [01:34:11.320 --> 01:34:13.320] then we'll go ahead and get a complaint. [01:34:13.320 --> 01:34:15.320] Bing, bing, bing, bing. [01:34:15.320 --> 01:34:19.320] The judge has just ballooned all semblance of impartiality. [01:34:19.320 --> 01:34:22.320] The judge is now acting on behalf of the prosecution [01:34:22.320 --> 01:34:25.320] to secure a complaint against you. [01:34:25.320 --> 01:34:27.320] All right? [01:34:27.320 --> 01:34:30.320] So it's very important that any time you go to court, [01:34:30.320 --> 01:34:34.320] if at all possible, have witnesses. [01:34:34.320 --> 01:34:37.320] Two or more is always better, [01:34:37.320 --> 01:34:41.320] but have at least somebody in there with you. [01:34:41.320 --> 01:34:42.320] In the court with me? [01:34:42.320 --> 01:34:43.320] Yes. [01:34:43.320 --> 01:34:45.320] Okay. [01:34:45.320 --> 01:34:48.320] Because you want witnesses to what's going on. [01:34:48.320 --> 01:34:50.320] Now, at the same time, [01:34:50.320 --> 01:34:53.320] we're going to have a list of criminal complaints [01:34:53.320 --> 01:34:56.320] that you're going to have you and the witness sign saying, [01:34:56.320 --> 01:35:02.320] I saw the judge commit this criminal act while sitting on the bench. [01:35:02.320 --> 01:35:03.320] Okay? [01:35:03.320 --> 01:35:04.320] Okay. [01:35:04.320 --> 01:35:09.320] And everybody you bring as a witness can sign a complaint to that regard. [01:35:09.320 --> 01:35:13.320] And we cover all that in some of what we do with the seminar material. [01:35:13.320 --> 01:35:15.320] And like I say, if you'll contact me through email, [01:35:15.320 --> 01:35:18.320] I'll be happy to help you through as much of it as I can [01:35:18.320 --> 01:35:20.320] with the workload I've got. [01:35:20.320 --> 01:35:22.320] All right. [01:35:22.320 --> 01:35:23.320] I will do that. [01:35:23.320 --> 01:35:28.320] My other question is, if, you know, finally we went to the court, [01:35:28.320 --> 01:35:32.320] can I ask the judge that if he has jurisdiction [01:35:32.320 --> 01:35:37.320] by showing me a copy of his oath of his office? [01:35:37.320 --> 01:35:41.320] What you want to do is you want to, if it's a municipal judge, [01:35:41.320 --> 01:35:44.320] you want to go to the city secretary there in Austin, [01:35:44.320 --> 01:35:49.320] and you want her to give you copies of the three or four things [01:35:49.320 --> 01:35:51.320] this judge is supposed to have, [01:35:51.320 --> 01:35:54.320] his oath of office for the state constitution, [01:35:54.320 --> 01:35:59.320] his anti-bribery statement from the state constitution, [01:35:59.320 --> 01:36:05.320] his bond, and his constitutional oath under the federal constitution. [01:36:05.320 --> 01:36:07.320] If they can't produce those four things, [01:36:07.320 --> 01:36:10.320] that judge is acting without lawful authority. [01:36:10.320 --> 01:36:14.320] Okay. Is oath of office and the second one was what? [01:36:14.320 --> 01:36:16.320] The anti-bribery statement, [01:36:16.320 --> 01:36:23.320] which is also in Article 16 point Section 1 of the state constitution. [01:36:23.320 --> 01:36:25.320] Okay. And the third one? [01:36:25.320 --> 01:36:29.320] The third one is bond, and the bond is required by statute. [01:36:29.320 --> 01:36:31.320] Okay. And the fourth one? [01:36:31.320 --> 01:36:35.320] The fourth one is the oath taken under the federal constitution [01:36:35.320 --> 01:36:37.320] as set forth by Congress [01:36:37.320 --> 01:36:41.320] in support of the statement of the constitution that says [01:36:41.320 --> 01:36:49.320] that all state officials must take an oath to the constitution. [01:36:49.320 --> 01:36:52.320] Okay. All right, sir. [01:36:52.320 --> 01:36:53.320] Thank you very much. [01:36:53.320 --> 01:36:55.320] I appreciate every one of you. [01:36:55.320 --> 01:36:58.320] We learn every day. [01:36:58.320 --> 01:37:00.320] Thank you, Alan. [01:37:00.320 --> 01:37:02.320] Thank you. Thank you, everybody. [01:37:02.320 --> 01:37:04.320] Thank you, Alan. [01:37:04.320 --> 01:37:07.320] Good evening. I appreciate it. [01:37:07.320 --> 01:37:09.320] Okay. You have a good evening, too. [01:37:09.320 --> 01:37:11.320] Thank you. [01:37:11.320 --> 01:37:15.320] Okay. We're going now to Ken in Texas. [01:37:15.320 --> 01:37:17.320] Ken, thanks for calling in. [01:37:17.320 --> 01:37:18.320] What's on your mind tonight? [01:37:18.320 --> 01:37:19.320] Well, hi. [01:37:19.320 --> 01:37:23.320] I was hoping that Eddie could tell us a little bit about discovery, [01:37:23.320 --> 01:37:29.320] how we might use that in a case on a traffic citation. [01:37:29.320 --> 01:37:31.320] Well, it really depends. [01:37:31.320 --> 01:37:36.320] Normally, the judge will refuse you any effort or attempt at discovery. [01:37:36.320 --> 01:37:37.320] Really? [01:37:37.320 --> 01:37:40.320] Really. [01:37:40.320 --> 01:37:44.320] Now, we've had some luck with a couple of people. [01:37:44.320 --> 01:37:49.320] Don's actually had some luck getting a judge in his case. [01:37:49.320 --> 01:37:51.320] Since his is on appeal to the county court, [01:37:51.320 --> 01:37:55.320] the county judge has allowed him discovery. [01:37:55.320 --> 01:37:57.320] But the municipal court denied it. [01:37:57.320 --> 01:37:58.320] He didn't get it. [01:37:58.320 --> 01:37:59.320] Okay. [01:37:59.320 --> 01:38:01.320] I'm not mistaken he didn't get it. [01:38:01.320 --> 01:38:03.320] Here's a suggestion. [01:38:03.320 --> 01:38:08.320] Most everything you would ask for under discovery would normally be [01:38:08.320 --> 01:38:11.320] available under the Open Records Act, [01:38:11.320 --> 01:38:17.320] except that the Open Records Act may not be used to supplant discovery. [01:38:17.320 --> 01:38:24.320] So since discovery is denied in a Class C misdemeanor traffic case, [01:38:24.320 --> 01:38:29.320] then Open Records Act is available. [01:38:29.320 --> 01:38:30.320] Right. [01:38:30.320 --> 01:38:33.320] The problem is you can't get training records under the Open Records Act. [01:38:33.320 --> 01:38:37.320] That's the problem. [01:38:37.320 --> 01:38:38.320] Okay. [01:38:38.320 --> 01:38:46.320] I have a similar type request under public information request. [01:38:46.320 --> 01:38:48.320] What information? [01:38:48.320 --> 01:38:54.320] Well, I asked for everything I could think of which would be exculpatory [01:38:54.320 --> 01:39:02.320] and undermine or show that the police officer did not have proper training, [01:39:02.320 --> 01:39:04.320] oaths, et cetera. [01:39:04.320 --> 01:39:05.320] See, that's what I'm saying. [01:39:05.320 --> 01:39:08.320] You will not have access to the officer's training records [01:39:08.320 --> 01:39:10.320] under the Open Records Act. [01:39:10.320 --> 01:39:11.320] Possibly. [01:39:11.320 --> 01:39:13.320] That is specifically barred. [01:39:13.320 --> 01:39:18.320] We need to take a shot at them in this regard. [01:39:18.320 --> 01:39:22.320] Since you had a personal interaction with the officer, [01:39:22.320 --> 01:39:25.320] now you have a special interest. [01:39:25.320 --> 01:39:29.320] And under the special interest you can make the claim for the records. [01:39:29.320 --> 01:39:34.320] What I suggest you do first is go to Jurisprudence, [01:39:34.320 --> 01:39:39.320] to the Documents and Research, the blanks folder, [01:39:39.320 --> 01:39:46.320] and pull out the information request for scope and substantive content. [01:39:46.320 --> 01:39:52.320] That is the one that I pull out whenever they give me a half ounce of Crapola. [01:39:52.320 --> 01:39:57.320] When I'm asking for the records and they don't want to tell me what record it is [01:39:57.320 --> 01:40:01.320] or how to get it, I pull out the scope and content. [01:40:01.320 --> 01:40:07.320] Scope and substantive content is written right out of the code. [01:40:07.320 --> 01:40:16.320] And it demands the names of all of the records that they keep, [01:40:16.320 --> 01:40:20.320] the nature of the information kept in those records, [01:40:20.320 --> 01:40:24.320] the method of storing those records, [01:40:24.320 --> 01:40:27.320] the method for retrieving those records, [01:40:27.320 --> 01:40:30.320] the method for requesting those records, [01:40:30.320 --> 01:40:41.320] and what media the department is able to produce the records in. [01:40:41.320 --> 01:40:47.320] I had a captain on the Sheriff's Department spend six hours [01:40:47.320 --> 01:40:50.320] going through every record they kept. [01:40:50.320 --> 01:40:53.320] He was fuming. [01:40:53.320 --> 01:40:55.320] Too bad, Bubba. [01:40:55.320 --> 01:40:57.320] You want to give me a problem? [01:40:57.320 --> 01:40:59.320] This is how I fix the problem. [01:40:59.320 --> 01:41:02.320] Once they get the problem with the scope and content, [01:41:02.320 --> 01:41:04.320] the substantive content, [01:41:04.320 --> 01:41:10.320] is you're not asking for any particular information in any record. [01:41:10.320 --> 01:41:12.320] You want to know everything they keep. [01:41:12.320 --> 01:41:17.320] And it's absolutely no question they have to give it to you. [01:41:17.320 --> 01:41:19.320] And this is what you'll get. [01:41:19.320 --> 01:41:24.320] You'll get a request that you narrow the scope. [01:41:24.320 --> 01:41:27.320] The first request you get is they'll claim that they don't understand [01:41:27.320 --> 01:41:30.320] the nature of your request. [01:41:30.320 --> 01:41:35.320] And that gets a complaint against them. [01:41:35.320 --> 01:41:36.320] Yeah, I got one of those. [01:41:36.320 --> 01:41:40.320] Yeah, I tell them, guys, read the code. [01:41:40.320 --> 01:41:41.320] I didn't write it. [01:41:41.320 --> 01:41:43.320] If you want to know what it means, ask the legislature. [01:41:43.320 --> 01:41:45.320] But you're expected to know. [01:41:45.320 --> 01:41:48.320] And then I'll get a request to narrow the scope, [01:41:48.320 --> 01:41:56.320] and I tell them my answer is really short, no, period. [01:41:56.320 --> 01:41:58.320] There's no way to narrow the scope of this. [01:41:58.320 --> 01:42:00.320] If I narrow the scope, [01:42:00.320 --> 01:42:03.320] then I will essentially give you carte blanche [01:42:03.320 --> 01:42:06.320] to hide any record you want to from me, [01:42:06.320 --> 01:42:09.320] claiming that it's not within the scope of what I asked for, [01:42:09.320 --> 01:42:11.320] because I don't know what the records are, where you keep them. [01:42:11.320 --> 01:42:13.320] Once you tell me what all the records are, [01:42:13.320 --> 01:42:16.320] then I can very precisely narrow the scope of my request [01:42:16.320 --> 01:42:18.320] for substantive information. [01:42:18.320 --> 01:42:20.320] On your subsequent request. [01:42:20.320 --> 01:42:21.320] Exactly. [01:42:21.320 --> 01:42:24.320] This drives them crazy. [01:42:24.320 --> 01:42:28.320] Now they get a lot more amenable to giving you what you want. [01:42:28.320 --> 01:42:30.320] Okay. [01:42:30.320 --> 01:42:38.320] Now I did put this PIR into the municipality, [01:42:38.320 --> 01:42:41.320] and they're dragging their feet, [01:42:41.320 --> 01:42:45.320] so they sent me a letter saying they were checking with the attorney general, [01:42:45.320 --> 01:42:48.320] which I guess is standard. [01:42:48.320 --> 01:42:52.320] Wait, wait, did they send you a copy of their request? [01:42:52.320 --> 01:42:55.320] First they sent me a letter saying they were going to check with the attorney general, [01:42:55.320 --> 01:42:59.320] and about a week later they sent me a copy of that letter as well. [01:42:59.320 --> 01:43:01.320] Okay, look at the letter. [01:43:01.320 --> 01:43:02.320] Right. [01:43:02.320 --> 01:43:08.320] If in looking at it, it appears as though there was a prior adjudication, [01:43:08.320 --> 01:43:11.320] file a complaint against them. [01:43:11.320 --> 01:43:18.320] If these are not some really oddball records, file a complaint against them. [01:43:18.320 --> 01:43:22.320] They are required to examine the existing adjudications to determine [01:43:22.320 --> 01:43:28.320] if the attorney general has already rendered an opinion on this matter. [01:43:28.320 --> 01:43:30.320] So I file a request. [01:43:30.320 --> 01:43:34.320] If it's relatively standard records, they ask for a request from the attorney general. [01:43:34.320 --> 01:43:42.320] I file a Class A misdemeanor complaint against them for obstruction of justice. [01:43:42.320 --> 01:43:43.320] You want to dance, guys? [01:43:43.320 --> 01:43:47.320] We dance. [01:43:47.320 --> 01:43:50.320] Okay, let me address this a little bit more when we come back. [01:43:50.320 --> 01:43:52.320] I was trying to speed up because we're out of time. [01:43:52.320 --> 01:43:56.320] This is Randy Kelton, Eddie Craig, David Stevens, rule of law. [01:43:56.320 --> 01:43:57.320] And we've got Nicholas on the line. [01:43:57.320 --> 01:44:06.320] Nicholas, we'll take you next second. [01:44:06.320 --> 01:44:13.320] Aerial spray, chemtrails, the modified atmosphere, heavy metals and pesticides, [01:44:13.320 --> 01:44:18.320] carcinogens and chemical fibers all falling from the sky. [01:44:18.320 --> 01:44:21.320] You have a choice to keep your body clean. [01:44:21.320 --> 01:44:31.320] Detoxify with micro plant powder from hempusa.org or call 908-691-2608. [01:44:31.320 --> 01:44:35.320] It's odorless and tasteless and used in any liquid or food. [01:44:35.320 --> 01:44:39.320] Protect your family now with micro plant powder. [01:44:39.320 --> 01:44:43.320] Cleaning out heavy metals, parasites and toxins. [01:44:43.320 --> 01:44:48.320] Order it now for daily intake and stock it now for long-term storage. [01:44:48.320 --> 01:45:07.320] Visit hempusa.org or call 908-691-2608 today. [01:45:07.320 --> 01:45:34.320] Okay, we are back. [01:45:34.320 --> 01:45:35.320] All right, go ahead, Randy. [01:45:35.320 --> 01:45:38.320] Let's start speaking with Ken and then we're going to go to Nicholas. [01:45:38.320 --> 01:45:43.320] Okay, public officials are used to being in control and in charge. [01:45:43.320 --> 01:45:48.320] And the one thing that gets to them is open records. [01:45:48.320 --> 01:45:50.320] They hate open records. [01:45:50.320 --> 01:45:53.320] They feel like these are their records. [01:45:53.320 --> 01:45:54.320] They keep them. [01:45:54.320 --> 01:45:55.320] They have to work with them. [01:45:55.320 --> 01:45:58.320] And you're butting into my business. [01:45:58.320 --> 01:45:59.320] Right. [01:45:59.320 --> 01:46:04.320] And frankly, I love that because I really like for them to think that I'm [01:46:04.320 --> 01:46:05.320] doing their business. [01:46:05.320 --> 01:46:08.320] I've got a good one for you on that. [01:46:08.320 --> 01:46:13.320] I filed it to PIRs, one on the officer, one on the prosecutor, [01:46:13.320 --> 01:46:15.320] who is the city attorney. [01:46:15.320 --> 01:46:19.320] Can you guess who answered the one about the prosecutor? [01:46:19.320 --> 01:46:20.320] The officer? [01:46:20.320 --> 01:46:24.320] The prosecutor himself. [01:46:24.320 --> 01:46:27.320] Can you spell hubris? [01:46:27.320 --> 01:46:29.320] How did he answer it? [01:46:29.320 --> 01:46:31.320] He answered it as the city attorney. [01:46:31.320 --> 01:46:35.320] And he spoke about himself in the third person where I was requesting [01:46:35.320 --> 01:46:40.320] information on the prosecutor. [01:46:40.320 --> 01:46:41.320] That is interesting. [01:46:41.320 --> 01:46:45.320] Well, you know, I think somebody who wants to keep their hands clean and [01:46:45.320 --> 01:46:50.320] avoid a conflict of interest would probably have their assistant fill that [01:46:50.320 --> 01:46:53.320] out and not themselves, don't you think? [01:46:53.320 --> 01:46:56.320] Well, but you're assuming they wish to avoid a conflict of interest. [01:46:56.320 --> 01:46:58.320] Since the judge protects them, [01:46:58.320 --> 01:47:01.320] that conflict of interest doesn't mean much in their eyes. [01:47:01.320 --> 01:47:04.320] Did he provide everything you requested? [01:47:04.320 --> 01:47:08.320] No, he claimed he didn't understand. [01:47:08.320 --> 01:47:10.320] Bar grievance. [01:47:10.320 --> 01:47:11.320] Yep. [01:47:11.320 --> 01:47:17.320] And the criminal complaint, the Open Records, [01:47:17.320 --> 01:47:21.320] the Open Government Act is not a civil statute. [01:47:21.320 --> 01:47:23.320] It's a criminal statute. [01:47:23.320 --> 01:47:27.320] They want to treat it like a civil statute, but it's not. [01:47:27.320 --> 01:47:32.320] I use every opportunity to file a criminal complaint against them. [01:47:32.320 --> 01:47:34.320] And that just gets them jumping up and down. [01:47:34.320 --> 01:47:37.320] But one thing I never do is warn them. [01:47:37.320 --> 01:47:38.320] Right. [01:47:38.320 --> 01:47:42.320] Is they give me something that's bogus. [01:47:42.320 --> 01:47:45.320] I don't call them and tell them it's bogus. [01:47:45.320 --> 01:47:47.320] File a criminal complaint against them. [01:47:47.320 --> 01:47:53.320] Hey, you think this might be possible because he answers it himself, [01:47:53.320 --> 01:47:57.320] giving these specious objections? [01:47:57.320 --> 01:47:59.320] I don't think so. [01:47:59.320 --> 01:48:04.320] I don't know that there is, I haven't seen that restriction. [01:48:04.320 --> 01:48:07.320] If I go to the district attorney [01:48:07.320 --> 01:48:10.320] and put in an information request to the district attorney, [01:48:10.320 --> 01:48:13.320] he is the director of the office. [01:48:13.320 --> 01:48:15.320] He's ultimately the custodian of the record. [01:48:15.320 --> 01:48:17.320] He can answer. [01:48:17.320 --> 01:48:24.320] However, if he does any shucking and jiving, then I can nail him. [01:48:24.320 --> 01:48:28.320] But then again, if he has appointed someone as the custodian of the record [01:48:28.320 --> 01:48:33.320] and they do any shucking and jiving, I'll nail him anyway, [01:48:33.320 --> 01:48:35.320] assuming he directed the person to do it [01:48:35.320 --> 01:48:37.320] because they're acting under his direction. [01:48:37.320 --> 01:48:38.320] Okay. [01:48:38.320 --> 01:48:40.320] My grievance with the prosecutor, [01:48:40.320 --> 01:48:43.320] some of my remedies would be a criminal complaint [01:48:43.320 --> 01:48:48.320] because of his violation of the PIR? [01:48:48.320 --> 01:48:49.320] Yes. [01:48:49.320 --> 01:48:50.320] Yes? [01:48:50.320 --> 01:48:51.320] Yes. [01:48:51.320 --> 01:48:52.320] Excellent. [01:48:52.320 --> 01:48:55.320] And that's a Class A misdemeanor. [01:48:55.320 --> 01:49:01.320] Now, what kind of case was this that you're involving the city attorney? [01:49:01.320 --> 01:49:03.320] Traffic ticket. [01:49:03.320 --> 01:49:05.320] Ah, which city? [01:49:05.320 --> 01:49:06.320] Plano. [01:49:06.320 --> 01:49:08.320] Guess what? [01:49:08.320 --> 01:49:13.320] If you've got the seminar material, you've got a motion to put a stop to that. [01:49:13.320 --> 01:49:17.320] City attorneys cannot prosecute in the name of the state. [01:49:17.320 --> 01:49:22.320] This ought to be a lot of fun, right? [01:49:22.320 --> 01:49:27.320] It should be if you make it fun. [01:49:27.320 --> 01:49:28.320] Okay. [01:49:28.320 --> 01:49:32.320] I think it's getting a lot more fun because of the nature of this, [01:49:32.320 --> 01:49:35.320] the way this city attorney is acting. [01:49:35.320 --> 01:49:36.320] Yeah. [01:49:36.320 --> 01:49:38.320] I've got a motion that's part of the seminar material. [01:49:38.320 --> 01:49:41.320] It's called a petition to show authority. [01:49:41.320 --> 01:49:45.320] And basically it challenges the validity of the idea that a city attorney can [01:49:45.320 --> 01:49:50.320] prosecute despite legislative enactment in the name of the state [01:49:50.320 --> 01:49:55.320] because the state constitution specifically limits that authority to [01:49:55.320 --> 01:50:02.320] district and county attorneys, not to city attorneys. [01:50:02.320 --> 01:50:05.320] Excellent. [01:50:05.320 --> 01:50:10.320] Well, I thank you both, all three of you. [01:50:10.320 --> 01:50:11.320] Yes, sir. [01:50:11.320 --> 01:50:12.320] Okay. [01:50:12.320 --> 01:50:13.320] Good night now. [01:50:13.320 --> 01:50:17.320] Good night. [01:50:17.320 --> 01:50:18.320] Okay, great. [01:50:18.320 --> 01:50:20.320] We're going now to Nicholas. [01:50:20.320 --> 01:50:22.320] Nicholas in Texas, thanks for calling in. [01:50:22.320 --> 01:50:24.320] What's on your mind? [01:50:24.320 --> 01:50:25.320] How are you guys doing? [01:50:25.320 --> 01:50:30.320] First of all, I want to thank you guys for being such an asset to the community. [01:50:30.320 --> 01:50:36.320] Oh, I thought you were just going to say the first part of that. [01:50:36.320 --> 01:50:40.320] And secondly, I want to thank Lisa Wilson there in Austin that actually [01:50:40.320 --> 01:50:42.320] recommended you all. [01:50:42.320 --> 01:50:44.320] Oh, yeah, Lisa is a good friend of mine. [01:50:44.320 --> 01:50:45.320] Thanks, Lisa. [01:50:45.320 --> 01:50:47.320] Shout out to Lisa out there if you're listening. [01:50:47.320 --> 01:50:49.320] Yeah, she did a lot of stuff. [01:50:49.320 --> 01:50:50.320] All right. [01:50:50.320 --> 01:50:51.320] This is my situation. [01:50:51.320 --> 01:50:58.320] I had a rollover accident with, guess what, a 2001 Ford Explorer. [01:50:58.320 --> 01:51:03.320] And this happened on December 30th at 11 in the morning. [01:51:03.320 --> 01:51:08.320] And I almost died and was in a coma for three weeks. [01:51:08.320 --> 01:51:10.320] I was in the hospital. [01:51:10.320 --> 01:51:18.320] In the meantime, the city of Plano that had my car basically sent a certified [01:51:18.320 --> 01:51:23.320] mail to my address where my mom is at and is my caregiver. [01:51:23.320 --> 01:51:26.320] She accidentally opened it up. [01:51:26.320 --> 01:51:31.320] I didn't have any knowledge of this, but what happened was my brother, [01:51:31.320 --> 01:51:36.320] without my consent, went and got some sort of notarized letter, [01:51:36.320 --> 01:51:39.320] which when I called him, he wouldn't explain. [01:51:39.320 --> 01:51:42.320] And I'm like, notarized letter? [01:51:42.320 --> 01:51:43.320] I was never there. [01:51:43.320 --> 01:51:51.320] I never authorized you verbally or did I authorize you in writing to act on my behalf? [01:51:51.320 --> 01:52:00.320] So what happened was instead of paying $20 a day to keep the car, he gave the car up. [01:52:00.320 --> 01:52:07.320] The car was auctioned to a company called Lowenstar for $325 that they sold to [01:52:07.320 --> 01:52:11.320] Eagle Truck Company in Kennedale, Texas. [01:52:11.320 --> 01:52:14.320] And I found all that information out in one day. [01:52:14.320 --> 01:52:19.320] And I called them up, and they said it had been crushed from metal. [01:52:19.320 --> 01:52:21.320] Okay, question. [01:52:21.320 --> 01:52:24.320] Whose name was the car in? [01:52:24.320 --> 01:52:29.320] The third name on the title was my name and my address. [01:52:29.320 --> 01:52:34.320] Okay, then can your brother produce a power of attorney signed by you? [01:52:34.320 --> 01:52:36.320] Absolutely not. [01:52:36.320 --> 01:52:41.320] Then there's no way that the company that took the car can claim that they had [01:52:41.320 --> 01:52:45.320] received quiet title to the car and could do what they did. [01:52:45.320 --> 01:52:49.320] He was not authorized to act on your behalf for your property. [01:52:49.320 --> 01:52:52.320] Randy, do you disagree with that? [01:52:52.320 --> 01:52:58.320] It depends on the nature of the document he presented to the whoever with the [01:52:58.320 --> 01:53:00.320] impound yard. [01:53:00.320 --> 01:53:05.320] If he produced the document that had the appearance of granting him the [01:53:05.320 --> 01:53:14.320] authority to act on your behalf, then they essentially acted in good faith. [01:53:14.320 --> 01:53:16.320] Your brother is the one that's... [01:53:16.320 --> 01:53:17.320] Sorry to interrupt you. [01:53:17.320 --> 01:53:24.320] Didn't they have the responsibility of trying to see, match my title and who [01:53:24.320 --> 01:53:30.320] owns the car and see that if there was any consent, any signature, any... [01:53:30.320 --> 01:53:33.320] Well, no, but they should have checked his ID. [01:53:33.320 --> 01:53:34.320] Well, that's what I'm saying. [01:53:34.320 --> 01:53:38.320] You mentioned that your brother procured a notarized document. [01:53:38.320 --> 01:53:39.320] Yes. [01:53:39.320 --> 01:53:46.320] He presented them with a notarized document that was facially valid, that [01:53:46.320 --> 01:53:48.320] appeared to be valid on its face. [01:53:48.320 --> 01:53:49.320] Okay. [01:53:49.320 --> 01:53:52.320] How could it be facially valid if I was never there and there's no... [01:53:52.320 --> 01:53:54.320] It gave the appearance. [01:53:54.320 --> 01:53:57.320] In other words, they had reason to believe it was valid. [01:53:57.320 --> 01:53:59.320] But that's negligence on their part. [01:53:59.320 --> 01:54:10.320] Well, what you would create is an impossible situation where nobody could [01:54:10.320 --> 01:54:17.320] function if they can't place some reliance on apparently valid documents. [01:54:17.320 --> 01:54:20.320] So that if you go down there with a title in your hand, they're going to [01:54:20.320 --> 01:54:22.320] say, who are you? [01:54:22.320 --> 01:54:23.320] Well, I'm the guy with this title. [01:54:23.320 --> 01:54:25.320] Well, I don't think that's a valid title. [01:54:25.320 --> 01:54:26.320] Get out of here. [01:54:26.320 --> 01:54:27.320] I want to keep the car. [01:54:27.320 --> 01:54:29.320] They have to have... [01:54:29.320 --> 01:54:32.320] I'd like to give you a shot at these guys. [01:54:32.320 --> 01:54:38.320] But if your brother took them something that was contrived to appear [01:54:38.320 --> 01:54:43.320] facially valid, that was fraud on your part of your brother, and it would be [01:54:43.320 --> 01:54:47.320] hard to hold the towing company responsible for... [01:54:47.320 --> 01:54:53.320] The reason why I think I have some issue with the towing company is because [01:54:53.320 --> 01:54:58.320] even though I don't know anything about law, it seems like common sense to me [01:54:58.320 --> 01:55:05.320] that they should have asked to see some sort of document that my name and [01:55:05.320 --> 01:55:07.320] signature was on there. [01:55:07.320 --> 01:55:08.320] Now, okay. [01:55:08.320 --> 01:55:09.320] Hold on. [01:55:09.320 --> 01:55:10.320] Hold on. [01:55:10.320 --> 01:55:11.320] Wait a minute. [01:55:11.320 --> 01:55:17.320] If your brother went to them and said, look, my brother's in a coma. [01:55:17.320 --> 01:55:19.320] I was in a coma by that day. [01:55:19.320 --> 01:55:22.320] Well, you didn't know what he told them. [01:55:22.320 --> 01:55:23.320] Okay. [01:55:23.320 --> 01:55:26.320] And you may well have a claim against them for negligence. [01:55:26.320 --> 01:55:27.320] Yes. [01:55:27.320 --> 01:55:33.320] But if your brother scammed them, then they're going to have a... [01:55:33.320 --> 01:55:39.320] likely to have a defense, and if you go after them, they're likely to go after [01:55:39.320 --> 01:55:42.320] your brother for everything you're going after them for. [01:55:42.320 --> 01:55:43.320] So before you... [01:55:43.320 --> 01:55:44.320] Okay. [01:55:44.320 --> 01:55:47.320] Let me ask you just a reasonable question. [01:55:47.320 --> 01:55:48.320] Yeah. [01:55:48.320 --> 01:55:55.320] I made a reasonable assumption that somebody working at a place where they [01:55:55.320 --> 01:56:03.320] pick up totaled cars, that there is not one particular situation within the [01:56:03.320 --> 01:56:08.320] 10 years that they're working, that there's a slightest possibility that [01:56:08.320 --> 01:56:15.320] the car they picked up, the driver or the owner might still be alive and [01:56:15.320 --> 01:56:19.320] having hurt somewhere, and he did not get the documentation. [01:56:19.320 --> 01:56:24.320] But not only that, again, it's complete negligence. [01:56:24.320 --> 01:56:28.320] It's like a stranger walked up and fooled them. [01:56:28.320 --> 01:56:34.320] They were supposed to look for a signature that matches the title. [01:56:34.320 --> 01:56:37.320] There was no power returning with my signature. [01:56:37.320 --> 01:56:38.320] Okay. [01:56:38.320 --> 01:56:39.320] Question. [01:56:39.320 --> 01:56:41.320] What if the driver was killed? [01:56:41.320 --> 01:56:43.320] How would they dispose of the car? [01:56:43.320 --> 01:56:45.320] Would they have to hold it forever? [01:56:45.320 --> 01:56:46.320] No. [01:56:46.320 --> 01:56:47.320] But I was not killed. [01:56:47.320 --> 01:56:48.320] That's the difference. [01:56:48.320 --> 01:56:49.320] We can't go home. [01:56:49.320 --> 01:56:50.320] Okay. [01:56:50.320 --> 01:56:53.320] If the driver is rendered incapacitated. [01:56:53.320 --> 01:56:55.320] I wasn't incapacitated. [01:56:55.320 --> 01:56:56.320] You were in a coma. [01:56:56.320 --> 01:56:57.320] But they don't know that. [01:56:57.320 --> 01:56:59.320] I know they don't know that. [01:56:59.320 --> 01:57:03.320] What you're not telling us is, is what did they know? [01:57:03.320 --> 01:57:07.320] I mean, we can't just criminalize them because your brother went down there and [01:57:07.320 --> 01:57:08.320] scammed them. [01:57:08.320 --> 01:57:10.320] What was your brother doing down there? [01:57:10.320 --> 01:57:11.320] Yeah. [01:57:11.320 --> 01:57:12.320] My brother and I don't get along. [01:57:12.320 --> 01:57:13.320] That was hearsay. [01:57:13.320 --> 01:57:19.320] Which means that a stranger could walk up and do hearsay and scam them. [01:57:19.320 --> 01:57:27.320] So they should have some sort of situation which prevents people from scamming them. [01:57:27.320 --> 01:57:28.320] Very easy. [01:57:28.320 --> 01:57:29.320] Yes, they should. [01:57:29.320 --> 01:57:30.320] Okay. [01:57:30.320 --> 01:57:34.320] But again, you don't know what was presented to them and what was not. [01:57:34.320 --> 01:57:37.320] You have only what your brother told you, correct? [01:57:37.320 --> 01:57:38.320] Yes, sir. [01:57:38.320 --> 01:57:39.320] Well, he didn't tell me. [01:57:39.320 --> 01:57:41.320] He actually hung up on me. [01:57:41.320 --> 01:57:42.320] Okay. [01:57:42.320 --> 01:57:47.320] Well, the point here being that you're squawking about the wrong folks here. [01:57:47.320 --> 01:57:53.320] You don't know what he gave to them to show them that he had alleged authority to do what he did. [01:57:53.320 --> 01:57:54.320] Okay. [01:57:54.320 --> 01:57:56.320] He didn't have it. [01:57:56.320 --> 01:57:58.320] He wanted to commit fraud. [01:57:58.320 --> 01:58:02.320] He may have a claim, and I'm not doubting your claim. [01:58:02.320 --> 01:58:03.320] I'm just trying to get to it. [01:58:03.320 --> 01:58:06.320] You're clearly going to have a claim at your brother. [01:58:06.320 --> 01:58:11.320] Now we need to look at these guys and see if they did in fact act in good faith. [01:58:11.320 --> 01:58:14.320] I know for a fact that I never signed anything. [01:58:14.320 --> 01:58:19.320] Yeah, but the towing company is not necessarily liable. [01:58:19.320 --> 01:58:22.320] This depends on what your brother brought to them. [01:58:22.320 --> 01:58:25.320] Yeah, but there's nothing my brother could have brought to them other than... [01:58:25.320 --> 01:58:27.320] Absolutely there is. [01:58:27.320 --> 01:58:28.320] Power of attorney, piece of cake. [01:58:28.320 --> 01:58:29.320] It's done. [01:58:29.320 --> 01:58:31.320] Yes, but I didn't sign the power of attorney. [01:58:31.320 --> 01:58:32.320] Too bad. [01:58:32.320 --> 01:58:33.320] They're free. [01:58:33.320 --> 01:58:34.320] They don't know that. [01:58:34.320 --> 01:58:36.320] They're not clairvoyant. [01:58:36.320 --> 01:58:40.320] If I bring you a power of attorney, you've got to respond to me. [01:58:40.320 --> 01:58:41.320] So they would be put... [01:58:41.320 --> 01:58:42.320] Okay, we're out of time. [01:58:42.320 --> 01:58:43.320] We're out of time. [01:58:43.320 --> 01:58:44.320] Yeah. [01:58:44.320 --> 01:58:47.320] Listen, Nicholas, you're going to have to call back in, and Lisa, she's called in too, [01:58:47.320 --> 01:58:48.320] but I'm sorry. [01:58:48.320 --> 01:58:49.320] We are totally out of time. [01:58:49.320 --> 01:58:52.320] So let's pick this back up again on Thursday. [01:58:52.320 --> 01:58:54.320] This is the rule of law. [01:58:54.320 --> 01:58:56.320] Randy Kelton, Eddie Craig, and Deborah Stevens. [01:58:56.320 --> 01:59:11.320] We'll see you guys on Thursday. [01:59:11.320 --> 01:59:26.320] We're out of time. [01:59:26.320 --> 01:59:41.320] We're out of time. [01:59:41.320 --> 01:59:58.320] Thank you.