[00:00.000 --> 00:07.600] This is The Liberty Beat, your daily source for Liberty news and activist updates, online [00:07.600 --> 00:08.600] at TheLibertyBeat.com. [00:08.600 --> 00:12.720] I'm Brian Hagan with your Liberty Beat for Thursday, March 9, 2015. [00:12.720 --> 00:20.720] Gold is trading at $1,196, down $5, silver at $16.23, down 22 cents, and bitcoin is trading [00:20.720 --> 00:21.720] around $244.60. [00:21.720 --> 00:27.360] Today's bitcoin price is brought to you by ExpressCoin, the fastest, most reliable way [00:27.360 --> 00:28.360] to buy bitcoin. [00:28.360 --> 00:31.480] Buy bitcoin today at ExpressCoin.com. [00:31.480 --> 00:35.520] In the news, Human Rights Watch has filed a lawsuit against the U.S. Drug Enforcement [00:35.520 --> 00:36.520] Administration. [00:36.520 --> 00:41.120] After it was revealed, the agency has been collecting phone records since 1992. [00:41.120 --> 00:45.760] The DEA program was first revealed in January, with new details being reported this week [00:45.760 --> 00:48.000] by USA Today. [00:48.000 --> 00:52.000] Human Rights Watch is represented by the Electronic Frontier Foundation. [00:52.000 --> 00:57.040] Nate Cardozo, an attorney with the EFF, said the DEA illegally operated the program in [00:57.040 --> 00:59.120] secret for years. [00:59.120 --> 01:03.400] He says the lawsuit aims to vindicate the rights and the rights of all Americans to [01:03.400 --> 01:11.720] make calls overseas without being subject to government surveillance. [01:11.720 --> 01:15.800] The Baltimore Police Department has used the Stingray cell phone surveillance equipment [01:15.800 --> 01:18.680] about 4,300 times since 2007. [01:18.680 --> 01:22.400] Now that's more than any other department in the country. [01:22.400 --> 01:27.520] The new information came in the testimony of Baltimore police detective Emanuel Cabrera. [01:27.520 --> 01:32.240] The officer said the police have used the Hellstorm, an upgraded version of the Stingray. [01:32.240 --> 01:36.920] Both devices are brand names of cell-side simulators, which can collect metadata from [01:36.920 --> 01:41.840] cell phones, including location, numbers dialed, time of call, and more. [01:41.840 --> 01:46.280] The revelation comes just days after redacted documents reveal that local police departments [01:46.280 --> 01:51.080] signed nondisclosure agreements, which required them to ask for FBI approval before releasing [01:51.080 --> 01:56.440] information about the devices. [01:56.440 --> 02:01.280] A new set of hearings have been canceled in the long-delayed controversy-plagued trial [02:01.280 --> 02:04.960] of the alleged mastermind of the September 11th attacks. [02:04.960 --> 02:10.440] Military judges canceled three hearings planned for April 20th to 24th in Cuba. [02:10.440 --> 02:15.240] The trial was last delayed by the revelation that a Defense Department interpreter formerly [02:15.240 --> 02:18.560] worked at the same compound that the men were tortured at. [02:18.560 --> 02:21.800] The next hearing will not be held until June 1st. [02:21.800 --> 02:25.680] Looking to promote your business or cause to tens of thousands of loyal listeners? [02:25.680 --> 02:30.240] Well, for a limited time only, the Liberty Beat is offering you the chance to say big [02:30.240 --> 02:32.080] while spreading your message. [02:32.080 --> 02:33.240] It's simple. [02:33.240 --> 02:37.520] Just sign up for three months of advertising and get your fourth month free. [02:37.520 --> 02:39.880] Don't miss out on this unique opportunity. [02:39.880 --> 02:45.760] Just visit thelibertybeat.com slash advertise and use coupon code GCN in the describe your [02:45.760 --> 02:47.680] company section. [02:47.680 --> 02:52.800] This is the Liberty Beat for Thursday, April 9th, 2015. [02:52.800 --> 03:22.320] Check out the website at thelibertybeat.com. [03:23.800 --> 03:50.800] Check out the website at thelibertybeat.com slash advertise and use coupon code GCN in [03:50.800 --> 03:51.800] the describe your company section. [03:51.800 --> 04:11.760] Check out the website at thelibertybeat.com slash advertise and use coupon code GCN in [04:11.760 --> 04:20.840] Howdy, howdy, Randy Kelton, Debra Stevens, The Wheel of Law Radio on this Thursday, the [04:20.840 --> 04:25.480] ninth day of March 2015. [04:25.480 --> 04:29.840] We're already a quarter of the way through another year. [04:29.840 --> 04:32.600] And we're having some really good weather here today. [04:32.600 --> 04:36.200] It's actually rained in Texas. [04:36.200 --> 04:39.240] And I've been telling people it never rains in Texas. [04:39.240 --> 04:43.080] We're actually getting some nice rain, spring is popping out everywhere. [04:43.080 --> 04:46.040] It looks just beautiful here. [04:46.040 --> 04:52.560] And I do have some crowing that I think, actually not crowing yet, but I think it's going to [04:52.560 --> 04:53.720] get there. [04:53.720 --> 05:03.480] I have been talking for a long time about a plan on a different way of going about invoking [05:03.480 --> 05:06.600] the grand jury. [05:06.600 --> 05:15.720] And last Thursday, Thursdays a week ago today, I went to the district attorney's office in [05:15.720 --> 05:22.160] Travis and Tarrant County and filed a set of criminal complaints against the district [05:22.160 --> 05:25.800] attorney in Dallas County. [05:25.800 --> 05:32.520] Now this was, took a long time to structure and took quite a bit to get it set up. [05:32.520 --> 05:46.760] But we set up a situation so that we could bring forward a very focused point of law. [05:46.760 --> 05:52.120] And the focused point of law went to grand jury venue. [05:52.120 --> 05:59.720] If you go to grand jury, you hear a lot of talk about a county grand jury. [05:59.720 --> 06:06.720] I'm in Wise County and the district court in Wise County encompasses two districts, [06:06.720 --> 06:13.600] I'm sorry, two counties, Wise County and Jack County. [06:13.600 --> 06:20.480] The district judge for Wise County impanels a grand jury for both Wise County and Jack [06:20.480 --> 06:21.480] County. [06:21.480 --> 06:26.360] So each county has a grand jury. [06:26.360 --> 06:37.080] Well, perhaps because of that, there is an implication that somehow the grand jury, because [06:37.080 --> 06:45.280] there is one impaneled in each county, has a venue restriction to that county. [06:45.280 --> 06:51.120] For those who are not clear the difference between jurisdiction and venue, let me explain. [06:51.120 --> 06:55.840] District judges in Texas are state judges. [06:55.840 --> 07:01.360] Now when Texas was sparsely populated, they were circuit judges. [07:01.360 --> 07:06.440] Each was a district judge and had jurisdiction throughout the entire state. [07:06.440 --> 07:11.640] And they would travel around and make a circuit of different courts and try hearings, try [07:11.640 --> 07:14.040] whatever had accumulated in any one spot. [07:14.040 --> 07:17.480] They still do this in Mississippi. [07:17.480 --> 07:22.480] But we got so many people in Texas that we needed more judges. [07:22.480 --> 07:26.880] And we got so many that they didn't need to write a circuit anymore. [07:26.880 --> 07:34.600] So while the judge has statewide jurisdiction, his venue was limited to a specific geographical [07:34.600 --> 07:36.400] area. [07:36.400 --> 07:43.080] So while he has statewide authority, he can only hear cases in this particular venue. [07:43.080 --> 07:53.360] Well, the judge that invokes or consecrates the grand jury has that venue restriction, [07:53.360 --> 08:02.920] but I can find nothing in law that would indicate that the legislature intended to invoke the [08:02.920 --> 08:15.320] same kind of jurisdiction to a grand jury, or a venue at all to a grand jury. [08:15.320 --> 08:20.400] The legislature was absolutely silent on that part. [08:20.400 --> 08:27.680] Now the grand jury is impaneled as a state grand jury, so it is my contention that absent [08:27.680 --> 08:39.040] a statutory venue restriction, a grand jury has jurisdiction to hear any case from anywhere [08:39.040 --> 08:40.040] in the state. [08:40.040 --> 08:44.680] And this is mirrored in magistrates. [08:44.680 --> 08:50.360] As in effect, a grand jury does essentially the same thing that a magistrate does. [08:50.360 --> 08:57.400] And they do what they do based on the same parameters. [08:57.400 --> 09:06.240] When a grand jury hears a presentment by a prosecutor or some credible person, the grand [09:06.240 --> 09:11.520] jury must determine if there is reasonable probable cause to believe that a crime has [09:11.520 --> 09:16.360] been committed and that the accused committed that crime. [09:16.360 --> 09:21.460] That's the exact same requirement put on a magistrate. [09:21.460 --> 09:28.400] And Attorney General opinion H500 addresses jurisdiction of a magistrate. [09:28.400 --> 09:37.120] The question was, if someone is arrested for a crime in a different county, can a magistrate [09:37.120 --> 09:40.560] in this county hold an examining trial? [09:40.560 --> 09:43.760] And the answer was absolutely. [09:43.760 --> 09:48.960] That any magistrate in the state of Texas could hear any complaint felony or misdemeanor [09:48.960 --> 09:51.240] state or federal. [09:51.240 --> 09:56.400] No matter where it occurred within the state of Texas. [09:56.400 --> 10:03.600] So since the magistrate is doing the same, performing essentially the same function as [10:03.600 --> 10:20.480] a grand jury, and there is no law relating to the venue of a grand jury, then the Attorney [10:20.480 --> 10:32.600] General opinion H500 should also be considered to apply to grand juries as well as magistrates. [10:32.600 --> 10:40.760] While a Attorney General's opinion does not carry the weight of law, it is an effective [10:40.760 --> 10:47.720] legal brief and it's a legal brief put forth by a high level public official. [10:47.720 --> 10:54.320] Also should be given serious credence, especially when there's no other law referencing the [10:54.320 --> 10:56.880] topic. [10:56.880 --> 11:10.960] In the end, what this means is if we get this through and we get precedent set, then you [11:10.960 --> 11:18.920] can not only take a complaint to any grand jury in the state of Texas, you can take the [11:18.920 --> 11:24.480] same complaint to every grand jury in the state of Texas. [11:24.480 --> 11:35.080] I filed with the Tarrant County District Attorney and because of the way they dealt with me [11:35.080 --> 11:43.520] when I handed in the complaint, I had talked to both the Dallas County and Tarrant County [11:43.520 --> 11:49.080] District Attorneys, the new Dallas County Attorney, not the one I was filing against, [11:49.080 --> 11:57.920] and explained to them what I was doing and exactly on what law I was doing and what basis [11:57.920 --> 12:05.320] so that they would give me a good legal reading. [12:05.320 --> 12:10.280] When I handed in the complaint, the first thing that when I gave it to the baby, when [12:10.280 --> 12:15.480] I talked to the baby, the baby seemed to know exactly what was going on and it turned out [12:15.480 --> 12:19.320] he did because he had been instructed. [12:19.320 --> 12:24.160] He took my complaints without question and then I asked him to call down a prosecutor [12:24.160 --> 12:32.840] and she came down and her first comment to me was, we were expecting those months ago [12:32.840 --> 12:39.120] as if she was annoyed that it had taken me so long. [12:39.120 --> 12:43.720] Now those of you who have listened to Ernie for quite a while know that a few years ago [12:43.720 --> 12:49.840] I filed a set of criminal complaints against the Texas Court of Criminal Appeals and it [12:49.840 --> 12:56.520] took a year but I finally got those criminal complaints presented to a grand jury. [12:56.520 --> 13:07.640] And I thought at the time that it was all of my eloquent oratory and all of the innovative [13:07.640 --> 13:13.200] maneuvers that I had pulled, turned out it was none of that. [13:13.200 --> 13:18.080] Ron Earl, 25 year, a prosecutor, not running for office again. [13:18.080 --> 13:24.320] He's a Democrat, all 15 of those judges were Republicans, it was all political. [13:24.320 --> 13:31.040] He used my complaint to try to take out those 15 judges with him. [13:31.040 --> 13:35.800] Well we didn't get an indictment but what I complained about doesn't happen in Texas [13:35.800 --> 13:36.800] anymore. [13:36.800 --> 13:47.360] Well in this case, I got the distinct impression that these two prosecuting attorneys may well [13:47.360 --> 13:54.720] be taking my complaints against Craig Watkins seriously. [13:54.720 --> 14:04.080] And if they intend to take out Craig Watkins using my complaints, then they will almost [14:04.080 --> 14:14.320] have to take out the individuals that I named under Craig Watkins, Judge Norris Rodeau. [14:14.320 --> 14:19.720] I charged Norris, when I went to the district attorney, I went there with an accusation [14:19.720 --> 14:26.880] against Judge Norris Rodeau, accusing him of refusing to perform an examining trial [14:26.880 --> 14:33.040] on complaints against Judge Cooper, both of these are justices of the peace. [14:33.040 --> 14:38.320] And Judge Cooper, I accused of evicting a woman out in the street when he had no subject [14:38.320 --> 14:43.480] matter jurisdiction, therefore denied her informed free access to her employment right. [14:43.480 --> 14:49.880] I charged him with official oppression and actually a whole stack of complaints. [14:49.880 --> 14:56.440] If they use this set of complaints to take out district attorneys, a good chance I'll [14:56.440 --> 15:01.840] throw some of these lower level officials under the bus along with him. [15:01.840 --> 15:07.840] If this does turn out happening, everything will change in Texas. [15:07.840 --> 15:11.520] So that's my story, I'm sticking to it. [15:11.520 --> 15:18.520] We do have Jeff on the line, we have our phone lines open, our call in number 512-646-1984. [15:18.520 --> 15:24.400] If you have any comments or questions, give us a call, we're going to Jeff in Mississippi. [15:24.400 --> 15:27.880] Jeff, how is it going down there and he'll be there? [15:27.880 --> 15:33.440] Oh, it's going really good and I appreciate you guys having me on the show. [15:33.440 --> 15:40.400] My trial or my first hearing starts next week, but I think I'm ready to start suing people. [15:40.400 --> 15:43.040] Wonderful. [15:43.040 --> 15:45.120] Have you sent out any tort letters? [15:45.120 --> 15:52.520] No, I don't know anything about a tort letter and this is just because when I get there, [15:52.520 --> 15:57.080] I'm pretty sure that they're going to postpone and continue my case again. [15:57.080 --> 16:02.120] I'll show up to an empty courtroom and the law snicker and think that's funny. [16:02.120 --> 16:07.000] So I'm ready to start suing people, so tort letters. [16:07.000 --> 16:14.520] Tort letter, write your lawsuit and you know that distinctive court heading that goes on [16:14.520 --> 16:25.880] a lawsuit, take that off and put on a business letter heading, address it to the county commissioners [16:25.880 --> 16:34.400] or if this is a state, you have to look in Mississippi and see, you probably sue the [16:34.400 --> 16:40.600] state of Mississippi because of what a state official does. [16:40.600 --> 16:41.600] Hang on. [16:41.600 --> 16:42.600] We're about to go to break. [16:42.600 --> 16:49.840] Randy Kelton, David Stevens, rule of our radio, a call in number 512-646-1984, give us a line. [16:49.840 --> 16:51.760] We'll have the lines open all night. [16:51.760 --> 17:00.760] We'll be right back. [17:00.760 --> 17:06.200] Through advances in technology, our lives have greatly improved except in the area of [17:06.200 --> 17:07.200] nutrition. [17:07.200 --> 17:11.520] People feed their pets better than they feed themselves and it's time we changed all that. [17:11.520 --> 17:17.120] Our primary defense against aging and disease in this toxic environment is good nutrition. [17:17.120 --> 17:23.560] In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can [17:23.560 --> 17:25.760] provide the nutrients you need. [17:25.760 --> 17:30.960] Logos Radio Network gets many requests to endorse all sorts of products, most of which [17:30.960 --> 17:31.960] we reject. 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[18:50.040 --> 18:59.040] It's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-f at yahoo.com to learn how to stop debt [18:59.040 --> 19:00.040] collectors now. [19:00.040 --> 19:24.280] You are listening to the Logos Radio Network, the LogosRadioNetwork.com. [19:24.280 --> 19:25.280] Okay we are back. [19:25.280 --> 19:31.000] Randy Kelton, Debra Stevens, Rule of Law Radio, and we are talking to Jeff in Mississippi. [19:31.000 --> 19:42.720] Tort Letters, the court prefers that you use the court as a remedy of last resort and not [19:42.720 --> 19:44.480] a remedy of first resort. [19:44.480 --> 19:51.160] Therefore they request that you exhaust all available remedies before you come to the [19:51.160 --> 19:53.280] court. [19:53.280 --> 20:01.640] With that said, the remedy that you have to exhaust is notice to the other party that [20:01.640 --> 20:08.320] you have been harmed and a demand that the other party make you whole. [20:08.320 --> 20:15.360] So to write a tort letter, the best kind of tort letter, is you write the lawsuit. [20:15.360 --> 20:25.360] You write a statement of facts, a statement of factual accusation, then you list a set [20:25.360 --> 20:30.680] of causes of action. [20:30.680 --> 20:35.560] These are the causes of action that define how you've harmed me. [20:35.560 --> 20:40.680] Walk down all the causes of action and torts. [20:40.680 --> 20:44.240] You have causes of action and you have torts. [20:44.240 --> 20:51.520] If we are in a contract, for instance I am a police officer, I am in a contract with [20:51.520 --> 20:59.960] the state and I violate that contract and harm you in the process, that's a cause of [20:59.960 --> 21:00.960] action. [21:00.960 --> 21:08.080] If I lie to you, to your detriment, that's a cause of action for a non-disclosure. [21:08.080 --> 21:12.740] If I do anything under contract or if you are dealing with someone else under contract [21:12.740 --> 21:18.160] and they do something that harms you, those are causes of action. [21:18.160 --> 21:28.120] If I don't have any relationship with you, like I am driving down the road and a city [21:28.120 --> 21:34.520] worker lifts up a backhoe stinger and swings it around and puts it through my truck window, [21:34.520 --> 21:36.360] that's a torch. [21:36.360 --> 21:40.960] He is harmed to me and we don't have a relationship with one another and that's specifically [21:40.960 --> 21:50.400] one of the things that cities have waved their sovereign immunity over, where a city worker [21:50.400 --> 21:55.440] commits a tort against you while they are working for the city. [21:55.440 --> 22:00.280] If somebody walks up and punches you in the nose and breaks your nose, that's a tort. [22:00.280 --> 22:06.920] So, torts or not is clearly defined as causes of action. [22:06.920 --> 22:12.160] But a little research on both will give you a clear idea of how to state a tort or a cause [22:12.160 --> 22:13.160] of action. [22:13.160 --> 22:21.200] They all have elements, they have elements that do not necessarily have to be proven [22:21.200 --> 22:30.760] in the pleading, but there must be enough facts on which to base each of the elements. [22:30.760 --> 22:34.980] You can't just recite the elements. [22:34.980 --> 22:44.280] This person and I were entered into a contractual negotiation, the person misrepresented the [22:44.280 --> 22:50.600] truth to me, the person knew that I did not have equal access to the truth, the person [22:50.600 --> 22:54.800] intended that I believe him, I did believe him and was harmed thereby. [22:54.800 --> 22:59.860] That's just a recitation of the elements of the cause of action. [22:59.860 --> 23:06.840] You have to state what they actually did that amounted to this. [23:06.840 --> 23:13.760] We entered into a contract where I was for the purchase of a property. [23:13.760 --> 23:18.120] The property had material defects. [23:18.120 --> 23:29.960] The lender, the seller had a statutory duty to disclose those defects. [23:29.960 --> 23:36.320] Buyer had no opportunity to discover the defects. [23:36.320 --> 23:48.640] Lender intended that the buyer believed the statements by seller of the quality of the [23:48.640 --> 23:49.640] house. [23:49.640 --> 23:56.080] Buyer believed the statements concerning the quality of the house and was harmed thereby. [23:56.080 --> 23:58.160] That would state the cause of action. [23:58.160 --> 24:00.720] It needs to be a little more clear there. [24:00.720 --> 24:03.760] You need to put enough facts in the cause of action. [24:03.760 --> 24:09.360] You state what they did that amounted to each one of the elements. [24:09.360 --> 24:12.640] Does that make sense, Jeff? [24:12.640 --> 24:15.440] Yeah. [24:15.440 --> 24:16.440] That's all there is. [24:16.440 --> 24:23.760] On the bottom of a lawsuit, you end with a prayer. [24:23.760 --> 24:32.680] In the prayer, you ask the court for what you want the court to grant you in an order. [24:32.680 --> 24:40.780] In a tort letter, you just change that to, I have been harmed as follows. [24:40.780 --> 24:46.440] You put in all the things you would ask the judge to grant you. [24:46.440 --> 24:52.960] The last thing you put in is, make me hold within 30 days or be sued. [24:52.960 --> 24:59.920] If it's a political entity as a rule or a governmental entity, as a rule, you have to [24:59.920 --> 25:02.600] give them 60 days notice. [25:02.600 --> 25:08.360] It's statutory in Texas that you have to give a governmental agency 60 days notice before [25:08.360 --> 25:10.160] you can sue them. [25:10.160 --> 25:15.320] It's notice and opportunity, opportunity to cure. [25:15.320 --> 25:16.320] That's what a tort letter is. [25:16.320 --> 25:22.340] You give them notice, make me hold by this date or be sued. [25:22.340 --> 25:32.000] That always gets them hopping, especially if you have a well-constructed tort letter. [25:32.000 --> 25:38.520] If you do one that points toward RICO, as a matter of fact, Jeff, if you will send me [25:38.520 --> 25:41.560] an email, I couldn't find your email address. [25:41.560 --> 25:45.240] I have someone send me an email that wanted to contact you. [25:45.240 --> 25:53.320] I will send you the RICO, the prosecutors, federal prosecutors RICO manual that Ms. Liz [25:53.320 --> 26:02.320] will send me, about 500 pages, but it tells you everything you need. [26:02.320 --> 26:09.620] You construct your tort letter as if you were writing a RICO suit. [26:09.620 --> 26:14.720] That will definitely create some anal restrictions in the courthouse. [26:14.720 --> 26:21.440] Okay, does that make sense? [26:21.440 --> 26:22.440] Yes. [26:22.440 --> 26:23.440] Can you hear me? [26:23.440 --> 26:24.440] Yes, I can. [26:24.440 --> 26:25.440] Okay. [26:25.440 --> 26:26.440] Yeah, that makes sense. [26:26.440 --> 26:27.440] I'll start working on that. [26:27.440 --> 26:37.120] I will send you an email tonight and I will have to, since I've never done a tort letter, [26:37.120 --> 26:41.280] I will call in next week just as a part two. [26:41.280 --> 26:45.720] Send me a draft if you want to, I'll look over it. [26:45.720 --> 26:46.720] Okay, you got it. [26:46.720 --> 26:49.400] All right, thank you so much. [26:49.400 --> 26:50.400] You are welcome. [26:50.400 --> 26:53.440] And good luck and don't have too much fun with these guys. [26:53.440 --> 26:56.640] Oh, I'm going to have a lot of fun. [26:56.640 --> 26:57.640] Thanks. [26:57.640 --> 26:58.640] Okay. [26:58.640 --> 26:59.640] Thank you, Jeff. [26:59.640 --> 27:00.640] Okay. [27:00.640 --> 27:02.560] Now we're going to Ted in Texas. [27:02.560 --> 27:03.560] Hello, Ted. [27:03.560 --> 27:05.560] What do you have for us today? [27:05.560 --> 27:06.560] Hi. [27:06.560 --> 27:07.560] Hi, Mr. Randy. [27:07.560 --> 27:08.560] Thanks for taking my call. [27:08.560 --> 27:09.560] You're welcome. [27:09.560 --> 27:19.120] So tell us what's happening in Williamson County with this judge getting in trouble for [27:19.120 --> 27:23.080] guns and Mexico and things like that. [27:23.080 --> 27:26.960] And I'll be happy to take my... [27:26.960 --> 27:28.880] I don't know anything about that. [27:28.880 --> 27:31.080] Will you bring this up to speed? [27:31.080 --> 27:38.440] Oh man, yeah, there's a judge who's getting, he's gotten in big trouble in Williamson County [27:38.440 --> 27:43.960] for gun sales and stuff. [27:43.960 --> 27:48.280] And he's in big, big trouble. [27:48.280 --> 27:55.840] So Debra, the hostess with the mostest, does she knows anything about it? [27:55.840 --> 28:00.760] I think she's in the back. [28:00.760 --> 28:03.760] For real, man. [28:03.760 --> 28:07.880] This Williamson County, I'm so sorry to call up and not be able to give you the name or [28:07.880 --> 28:11.040] anything like that. [28:11.040 --> 28:12.040] That's cruel. [28:12.040 --> 28:17.840] Get us all kept up and now we don't have any new information. [28:17.840 --> 28:20.560] I just holed it up on the web. [28:20.560 --> 28:27.200] But I'm telling you, there's a Williamson County judge that's in big trouble right now. [28:27.200 --> 28:29.200] This judge looks familiar. [28:29.200 --> 28:34.680] So tell me, well, just tell your radio audience about Williamson County. [28:34.680 --> 28:40.600] This is Debra, this is Tim Wright. [28:40.600 --> 28:49.200] When we went down to Williamson County and I asked the investigator for the district [28:49.200 --> 28:55.880] attorney to call the police, or actually I called 911 on the police and asked them to [28:55.880 --> 28:59.680] arrest him and the district attorney. [28:59.680 --> 29:04.200] And while I'm waiting for some officers to show up, I went across the hall to a district [29:04.200 --> 29:09.880] judge's office and asked his bailiff to ask the judge to take my criminal complaint against [29:09.880 --> 29:10.880] the district attorney. [29:10.880 --> 29:19.160] It was this guy, Tim Wright, who says he turned himself in. [29:19.160 --> 29:25.320] A Williamson County judge turned himself into federal authorities on Wednesday, accounting [29:25.320 --> 29:29.400] according to the indictment against him. [29:29.400 --> 29:39.360] Judge Tim Wright is accused of illegally selling firearms, selling firearms. [29:39.360 --> 29:46.480] He does have firearms to someone he knew or had reasonable cause to believe was a convicted [29:46.480 --> 29:47.480] felon. [29:47.480 --> 29:49.880] Today, his attorney denied all wrongdoing. [29:49.880 --> 29:53.640] We do not believe he was illegally selling firearms. [29:53.640 --> 30:00.640] We don't believe he made false statements to federal agents, said attorney Jeff Sinker. [30:00.640 --> 30:04.160] There's a new breed of pickpockets on the loose, and you could be their next victim [30:04.160 --> 30:06.760] if you have a recently issued credit or debit card. [30:06.760 --> 30:10.960] I'm Dr. Catherine Albrecht, and I'll be back in a moment with tips for protecting yourself [30:10.960 --> 30:13.400] from high-tech thieves. [30:13.400 --> 30:18.720] Your search engine is watching you, recording all your searches and creating a massive database [30:18.720 --> 30:20.360] of your personal information. [30:20.360 --> 30:21.680] That's creepy. [30:21.680 --> 30:23.800] But it doesn't have to be that way. [30:23.800 --> 30:26.920] Startpage.com is the world's most private search engine. [30:26.920 --> 30:31.040] Startpage doesn't store your IP address, make a record of your searches, or use tracking [30:31.040 --> 30:33.320] cookies, and they're third-party certified. [30:33.320 --> 30:37.800] If you don't like big brother spying on you, start over with Startpage. [30:37.800 --> 30:40.640] Great search results and total privacy. [30:40.640 --> 30:44.200] Startpage.com, the world's most private search engine. [30:44.200 --> 30:49.760] Credit and debit cards with PayPass RFID microchips let you wave and pay, but they also give thieves [30:49.760 --> 30:54.840] the ability to secretly capture your card information right through your wallet. [30:54.840 --> 30:58.920] Radiofrequency identification is a technology that uses radio waves to scan unique numbers [30:58.920 --> 31:00.280] from items. [31:00.280 --> 31:04.660] Like the waves that let you listen to your favorite radio station, RFID radio waves travel [31:04.660 --> 31:07.640] through solid objects like walls and purses. [31:07.640 --> 31:13.360] A savvy crook with the right RFID card reading device can walk through a crowd, siphon numbers, [31:13.360 --> 31:15.240] and use them to make purchases. [31:15.240 --> 31:18.320] And you might never be the wiser until the bill arrives. [31:18.320 --> 31:19.320] Protect yourself. [31:19.320 --> 31:22.720] Refuse cards with RFID inside and demand a replacement card. [31:22.720 --> 31:24.320] I'm Dr. Catherine Albrecht. [31:24.320 --> 31:35.480] More news and information at CatherineAlbrecht.com. [31:35.480 --> 31:40.840] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th. [31:40.840 --> 31:43.000] The government says that fire brought it down. [31:43.000 --> 31:47.720] However, 1,500 architects and engineers concluded it was a controlled demolition. [31:47.720 --> 31:50.560] Over 6,000 of my fellow service members have given their lives. [31:50.560 --> 31:53.360] Thousands of my fellow first responders are dying. [31:53.360 --> 31:54.680] I'm not a conspiracy theorist. [31:54.680 --> 31:55.680] I'm a structural engineer. [31:55.680 --> 31:57.160] I'm a New York City correction office. [31:57.160 --> 31:58.160] I'm an Air Force pilot. [31:58.160 --> 31:59.800] I'm a father who lost his son. [31:59.800 --> 32:02.440] We're Americans, and we deserve the truth. [32:02.440 --> 32:05.760] Go to RememberBuilding7.org today. [32:05.760 --> 32:09.280] You feel tired when talking about important topics like money and politics? [32:09.280 --> 32:10.280] Glory! [32:10.280 --> 32:13.040] Are you confused by words like the Constitution or the Federal Reserve? [32:13.040 --> 32:14.040] What? [32:14.040 --> 32:17.840] If so, you may be diagnosed with the deadliest disease known today, stupidity. [32:17.840 --> 32:23.280] Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity. [32:23.280 --> 32:28.160] At an early age, I had no idea that the number one cause of the disease is found in almost [32:28.160 --> 32:30.720] every home in America, the television. [32:30.720 --> 32:35.760] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope. [32:35.760 --> 32:39.520] The staff at Brave New Books have helped me and thousands of other Foxaholics suffering [32:39.520 --> 32:44.440] from sports-zombie-ism recover, and because of Brave New Books, I now enjoy reading and [32:44.440 --> 32:48.080] watching educational documentaries without feeling tired or uninterested. [32:48.080 --> 32:56.080] So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 [32:56.080 --> 33:00.120] or visit them at 1904Guadalupe or bravenewbookstore.com. [33:00.120 --> 33:03.520] Side effects from using Brave New Books products may include discernment and enlarged vocabulary [33:03.520 --> 33:07.160] and an overall increase in mental functioning. [33:07.160 --> 33:18.440] Live, free speech radio, logosradionetwork.com. [33:18.440 --> 33:24.440] Yes, Mr. Officer, you're taking the light in your head. [33:24.440 --> 33:28.440] Won't you follow the law of the land? [33:28.440 --> 33:44.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [33:44.440 --> 34:00.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [34:00.440 --> 34:15.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [34:15.440 --> 34:30.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [34:30.440 --> 34:45.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [34:45.440 --> 35:00.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [35:00.440 --> 35:15.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [35:15.440 --> 35:30.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [35:30.440 --> 35:45.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [35:45.440 --> 36:00.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [36:00.440 --> 36:15.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [36:15.440 --> 36:30.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [36:30.440 --> 36:45.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [36:45.440 --> 37:00.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [37:00.440 --> 37:15.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [37:15.440 --> 37:30.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [37:30.440 --> 37:45.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [37:45.440 --> 38:00.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [38:00.440 --> 38:15.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [38:15.440 --> 38:30.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [38:30.440 --> 38:45.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [38:45.440 --> 39:00.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [39:00.440 --> 39:15.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [39:15.440 --> 39:30.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [39:30.440 --> 39:45.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [39:45.440 --> 40:00.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [40:00.440 --> 40:15.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [40:15.440 --> 40:30.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [40:30.440 --> 40:45.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [40:45.440 --> 41:00.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [41:00.440 --> 41:15.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [41:15.440 --> 41:30.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [41:30.440 --> 41:45.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [41:45.440 --> 42:00.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [42:00.440 --> 42:15.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [42:15.440 --> 42:30.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [42:30.440 --> 42:45.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [42:45.440 --> 43:00.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [43:00.440 --> 43:15.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [43:15.440 --> 43:30.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [43:30.440 --> 43:45.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [43:45.440 --> 44:00.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [44:00.440 --> 44:15.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [44:15.440 --> 44:30.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [44:30.440 --> 44:45.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [44:45.440 --> 45:00.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [45:00.440 --> 45:15.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [45:15.440 --> 45:30.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [45:30.440 --> 45:45.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [45:45.440 --> 46:00.440] When you're gonna stop abuse, you're power [46:15.440 --> 46:40.440] When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power [46:40.440 --> 46:49.440] I represented myself in Cherokee County and with all that I appear to know and you call [46:49.440 --> 47:00.440] me up and I got all these really sage advice and all these great answers, when I got in [47:00.440 --> 47:08.440] front of that jury, I was absolutely incompetent. [47:08.440 --> 47:16.440] I had a dog in the hunt and I really did a bad job. [47:16.440 --> 47:24.440] From listening to you, you are much better than me because you handled your case well [47:24.440 --> 47:30.440] and part of the reason I'm very reluctant to suggest that someone not take a lawyer [47:30.440 --> 47:37.440] into court when their liberties at risk is because of my really exceptionally bad [47:37.440 --> 47:40.440] performance. [47:40.440 --> 47:45.440] When your own liberty is at risk, it makes this very, very difficult. [47:45.440 --> 47:52.440] With that said, after having talked to you for a couple of several months here, you really [47:52.440 --> 47:55.440] seem to have done your homework. [47:55.440 --> 48:02.440] Your demeanor is pretty much as it should be. [48:02.440 --> 48:09.440] I haven't heard any patriot mythology from you at all. [48:09.440 --> 48:14.440] That gives me a little more confidence in suggesting that you be really, really careful [48:14.440 --> 48:16.440] with this lawyer. [48:16.440 --> 48:21.440] If you can get the lawyer in the second chair, that gives you an advantage. [48:21.440 --> 48:28.440] You get the lawyer in the first chair, she can screw you big time. [48:28.440 --> 48:32.440] Who is she going to be more loyal to? [48:32.440 --> 48:33.440] You? [48:33.440 --> 48:34.440] To them. [48:34.440 --> 48:36.440] She has a relationship with them. [48:36.440 --> 48:40.440] She works with them, but she did tell me something, Randy. [48:40.440 --> 48:45.440] She said to this lawyer, I did tell her that they're doing an investigation because of [48:45.440 --> 48:46.440] me. [48:46.440 --> 48:50.440] I filed a few bargains on a couple of lawyers and I did a judicial misconduct on one of [48:50.440 --> 48:56.440] the judges because the lawyer claimed that the NBA responded to my letter back in 1998 [48:56.440 --> 48:57.440] and they didn't. [48:57.440 --> 49:02.440] I talked to you, Jeff, and Steve about that about a couple of months ago. [49:02.440 --> 49:07.440] She said, I'm not trying to be cynical, but that lawyer, he has a tendency to be doing [49:07.440 --> 49:08.440] things like that. [49:08.440 --> 49:11.440] I said, it's amazing that he's not being bargained all the time if he's doing that [49:11.440 --> 49:12.440] all the time. [49:12.440 --> 49:16.440] Of course, she didn't respond to that, but she's just giving some FYI to this lawyer. [49:16.440 --> 49:18.440] He does it all the time. [49:18.440 --> 49:22.440] He'll make comments or statements and I guess if it's not objected to, I guess the court [49:22.440 --> 49:24.440] just accepts it. [49:24.440 --> 49:30.440] Yeah, the problem with it is what Steve says, he doesn't lie to the court. [49:30.440 --> 49:33.440] He commits aggravated perjury. [49:33.440 --> 49:37.440] Yeah, what do they call it, false misleading statement? [49:37.440 --> 49:42.440] Yeah, false and misleading statement, but this is a false and misleading statement to [49:42.440 --> 49:46.440] the court and he's an officer of the court. [49:46.440 --> 49:48.440] At the very least, he should get sanctions. [49:48.440 --> 49:51.440] At worst, he should get aggravated perjury. [49:51.440 --> 50:00.440] If he makes proactive statements of alleged material fact, that's not true. [50:00.440 --> 50:06.440] Like addressing this letter he claimed that he sent you. [50:06.440 --> 50:12.440] If that letter was for the purpose of giving you some kind of statutory required notice, [50:12.440 --> 50:19.440] that made the letter fact material. [50:19.440 --> 50:22.440] He misrepresented the truth about a fact that was material. [50:22.440 --> 50:26.440] If the fact's not material, it doesn't make any difference. [50:26.440 --> 50:30.440] If you ask him how much he weighs and he lies about that and the case doesn't have anything [50:30.440 --> 50:35.440] to do with his weight, that may be perjury, but it's not aggravated perjury. [50:35.440 --> 50:42.440] It's not something you could prosecute him for, but if it's material, that's aggravated [50:42.440 --> 50:43.440] perjury. [50:43.440 --> 50:46.440] That's felony in every state. [50:46.440 --> 50:48.440] That's what he's doing. [50:48.440 --> 50:52.440] You might start filing criminal charges against them. [50:52.440 --> 50:55.440] That's what I'm planning to do eventually. [50:55.440 --> 50:58.440] No, not eventually. [50:58.440 --> 51:00.440] Let me tell you what's going on. [51:00.440 --> 51:05.440] I've got three cases going on at the same time, two are in the appellate process and [51:05.440 --> 51:07.440] one that I got to sentencing. [51:07.440 --> 51:10.440] Two years ago, I was convicted for suspending a license. [51:10.440 --> 51:15.440] They originally was asking for utilities, but since this thing popped up, when he was [51:15.440 --> 51:20.440] recommended from the grievance board that you can't suspend a license that does not [51:20.440 --> 51:24.440] exist and he had to get up there and make admissions and try to fix it, they're not [51:24.440 --> 51:29.440] pressed that they're not pursuing the enhancement on the suspended license. [51:29.440 --> 51:30.440] However- [51:30.440 --> 51:31.440] Wait a minute. [51:31.440 --> 51:32.440] He said they're not perfect? [51:32.440 --> 51:33.440] No, no, no. [51:33.440 --> 51:39.440] They're not going to press for that about a suspended license charge. [51:39.440 --> 51:44.440] They're not pressing for penalties on me on that. [51:44.440 --> 51:49.440] That's like they're not messing with that because I filed bar grievances on that case [51:49.440 --> 51:54.440] and the judicial misconduct on that case, so they're leaving that alone. [51:54.440 --> 51:57.440] So they're leaving that case alone. [51:57.440 --> 51:58.440] They're hoping you- [51:58.440 --> 52:00.440] They're going to leave that alone. [52:00.440 --> 52:06.440] I just got a notice last week from the United States Supreme Court that my appeal was denied. [52:06.440 --> 52:09.440] I did a reconsideration that was denied. [52:09.440 --> 52:12.440] They know that, but they're not going to press it anyway. [52:12.440 --> 52:16.440] They're leaving it alone because they know that was a wrongful conviction. [52:16.440 --> 52:17.440] Okay. [52:17.440 --> 52:22.440] Then let me reassess. [52:22.440 --> 52:23.440] Okay. [52:23.440 --> 52:32.440] You might go talk to this lawyer because the lawyer may have been sent to help them find [52:32.440 --> 52:36.440] a way out from under this problem. [52:36.440 --> 52:40.440] Now, remember what we keep saying. [52:40.440 --> 52:45.440] You will never win your case simply because you have the law and the facts on your side. [52:45.440 --> 52:46.440] Right. [52:46.440 --> 52:50.440] You appear to have the law and the facts on your side. [52:50.440 --> 52:52.440] Be careful. [52:52.440 --> 52:55.440] They will still throw you in jail. [52:55.440 --> 52:57.440] They don't care. [52:57.440 --> 53:05.440] What will keep them from throwing you in jail is the likelihood that they will lose face [53:05.440 --> 53:18.440] or be subject to some kind of retribution or they have a way to make this go away without [53:18.440 --> 53:21.440] them suffering embarrassment. [53:21.440 --> 53:24.440] Those are the two conditions that will keep you from going to jail. [53:24.440 --> 53:30.440] The one that's most likely to is they have a way to get out from under this without causing [53:30.440 --> 53:34.440] embarrassment. [53:34.440 --> 53:40.440] However they have a problem, maybe we shouldn't talk about this on the air in case somebody's [53:40.440 --> 53:41.440] listening. [53:41.440 --> 53:44.440] I doubt that they're listening from Maryland. [53:44.440 --> 53:55.440] If they agree to enter into a deal with you to where if you'll drop your appeal, they'll [53:55.440 --> 54:02.440] agree to just drop this whole thing and everything just goes away. [54:02.440 --> 54:06.440] Take it. [54:06.440 --> 54:07.440] Take it. [54:07.440 --> 54:12.440] I took a deal to keep them going to jail. [54:12.440 --> 54:17.440] If you can get a deal to make this go away and keep them going to jail and they really [54:17.440 --> 54:18.440] wanted to make a deal with me. [54:18.440 --> 54:24.440] I didn't get any traction until I started filing criminal charges and that's when the [54:24.440 --> 54:29.440] judge, after they had a conviction on me, had me in jail, solitary confinement for a [54:29.440 --> 54:36.440] month, when I sent in the criminal complaints against them to the court of appeals, within [54:36.440 --> 54:42.440] two days the prosecuting attorney was over wanting to make a deal. [54:42.440 --> 54:46.440] $1,000 fine, years probation. [54:46.440 --> 54:49.440] I said screw that. [54:49.440 --> 54:51.440] No fine, no probation. [54:51.440 --> 54:55.440] He said $500 fine, no probation. [54:55.440 --> 54:56.440] Done. [54:56.440 --> 55:01.440] I get out the next day, I never paid that $500 and they never come looking for it, but [55:01.440 --> 55:04.440] I didn't spend a year in jail. [55:04.440 --> 55:08.440] Don't spend time in jail, especially not for a principal. [55:08.440 --> 55:13.440] Since I got out of jail, I have been fighting these guys tooth and nail. [55:13.440 --> 55:16.440] I couldn't do that from jail. [55:16.440 --> 55:18.440] Always protect your liberty. [55:18.440 --> 55:19.440] Well, that's it. [55:19.440 --> 55:20.440] Right. [55:20.440 --> 55:27.440] It may well be that this lawyer was sent to find a way to make this go away. [55:27.440 --> 55:30.440] So talk to her. [55:30.440 --> 55:35.440] Can you get these guys, you know, I'm going to beat them in the court of appeals. [55:35.440 --> 55:39.440] They know I'm going to beat them in the court of appeals. [55:39.440 --> 55:45.440] But if I beat them in the court of appeals, the court of appeals is likely to remand and [55:45.440 --> 55:49.440] we're going to go through all this again and we'll be fighting until we both get old. [55:49.440 --> 55:54.440] Is there just something we could do to make this go away? [55:54.440 --> 55:55.440] They leave me alone. [55:55.440 --> 55:56.440] I'll leave them alone. [55:56.440 --> 56:00.440] Get your tort letter in first. [56:00.440 --> 56:01.440] Okay. [56:01.440 --> 56:04.440] And you withdraw, withdraw the tort letter. [56:04.440 --> 56:09.440] You won't do, you'll agree not to file criminal charges. [56:09.440 --> 56:12.440] That's the problem with that. [56:12.440 --> 56:17.440] You can't agree to commit a crime. [56:17.440 --> 56:22.440] So if you agree to all this and they, they make you an agreement. [56:22.440 --> 56:23.440] So all of this goes away. [56:23.440 --> 56:24.440] Everybody goes home. [56:24.440 --> 56:27.440] No harm, no foul. [56:27.440 --> 56:32.440] Then you go back and file criminal charges against them. [56:32.440 --> 56:38.440] Wait till the statute of limitations has run. [56:38.440 --> 56:48.440] If they dismiss and it's already, if it took them beyond the statute of limitations to initiate a complaint. [56:48.440 --> 56:59.440] If it took longer than that to get to this point, when they dismiss, it's like the trial never occurred. [56:59.440 --> 57:00.440] Right. [57:00.440 --> 57:04.440] And the statute of limitations has now run. [57:04.440 --> 57:13.440] So if you can get them to dismiss, agree to not file, you can agree to not file criminal charges against them. [57:13.440 --> 57:16.440] See the police do that all the time. [57:16.440 --> 57:22.440] They'll agree to do something or not to do something that's illegal. [57:22.440 --> 57:28.440] And then when it comes time for them to do something or not do something, they just ignore what they told you. [57:28.440 --> 57:33.440] Then you can't complain because you're asking them to do something that's illegal. [57:33.440 --> 57:38.440] If they ask you to agree not to file criminal charges, that's illegal. [57:38.440 --> 57:41.440] That's criminal conspiracy. [57:41.440 --> 57:45.440] Criminal conspiracy to obstruct justice. [57:45.440 --> 57:53.440] So if you subsequently file criminal charges against them, they have no grounds for retribution. [57:53.440 --> 57:58.440] My suggestion is protect your liberty first. [57:58.440 --> 58:03.440] If that means not filing criminal charges against them on this, don't. [58:03.440 --> 58:04.440] Protect your liberty. [58:04.440 --> 58:07.440] Find another way to go back after them. [58:07.440 --> 58:08.440] Listen to this show. [58:08.440 --> 58:10.440] Use our techniques. [58:10.440 --> 58:13.440] Help other people to kick their butts. [58:13.440 --> 58:15.440] But don't go to jail. [58:15.440 --> 58:16.440] Hang on. [58:16.440 --> 58:17.440] About to go to break. [58:17.440 --> 58:19.440] Randy Kelton, Deborah Stevens, rule of our radio. [58:19.440 --> 58:22.440] We're going to our top of the hour break. [58:22.440 --> 58:24.440] So it'll be a three minute break. [58:24.440 --> 58:25.440] So we have a little more time. [58:25.440 --> 58:33.440] If you would, while we're on break, go visit our sponsors at logosradionetwork.com. [58:33.440 --> 58:38.440] We would appreciate your patronizing our... [58:38.440 --> 58:40.440] I said that right this time. [58:40.440 --> 58:41.440] I didn't say patronize. [58:41.440 --> 58:45.440] Patronize our sponsors and help us pay for this station. [58:45.440 --> 58:49.440] We'll be right back. [58:49.440 --> 58:53.440] The Bible remains the most popular book in the world. [58:53.440 --> 58:57.440] Yet countless readers are frustrated because they struggle to understand it. [58:57.440 --> 59:01.440] Some new translations try to help by simplifying the text, [59:01.440 --> 59:05.440] but in the process can compromise the profound meaning of the scripture. [59:05.440 --> 59:08.440] Enter the recovery version. [59:08.440 --> 59:12.440] First, this new translation is extremely faithful and accurate, [59:12.440 --> 59:17.440] but the real story is the more than 9,000 explanatory footnotes. [59:17.440 --> 59:21.440] Difficult and profound passages are opened up in a marvelous way, [59:21.440 --> 59:27.440] providing an entrance into the riches of the word beyond which you've ever experienced before. [59:27.440 --> 59:32.440] Bibles for America would like to give you a free recovery version simply for the asking. [59:32.440 --> 59:43.440] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [59:43.440 --> 59:47.440] or by ordering online at freestudybible.com. [59:47.440 --> 59:50.440] That's freestudybible.com. [59:50.440 --> 01:00:00.440] You're listening to the Logos Radio Network at logosradionetwork.com. [01:00:00.440 --> 01:00:06.440] This is the Liberty Beat, your daily source for Liberty news and activist updates, [01:00:06.440 --> 01:00:08.440] online at thelibertybeat.com. [01:00:08.440 --> 01:00:12.440] I'm Brian Hagan with your Liberty Beat for Thursday, March 9, 2015. [01:00:12.440 --> 01:00:16.440] Gold is trading at $1,196, down $5. [01:00:16.440 --> 01:00:19.440] Silver at $16.23, down 22 cents. [01:00:19.440 --> 01:00:23.440] And bitcoin is trading around $244.60. [01:00:23.440 --> 01:00:25.440] Today's bitcoin price is brought to you by ExpressCoin, [01:00:25.440 --> 01:00:28.440] the fastest, most reliable way to buy bitcoin. [01:00:28.440 --> 01:00:31.440] Buy bitcoin today at expresscoin.com. [01:00:31.440 --> 01:00:36.440] In the news, Human Rights Watch has filed a lawsuit against the U.S. Drug Enforcement Administration. [01:00:36.440 --> 01:00:40.440] After it was revealed, the agency has been collecting phone records since 1992. [01:00:40.440 --> 01:00:47.440] The DEA program was first revealed in January, with new details being reported this week by USA Today. [01:00:47.440 --> 01:00:51.440] Human Rights Watch is represented by the Electronic Frontier Foundation. [01:00:51.440 --> 01:00:58.440] Nate Cardozo, an attorney with the EFF, said the DEA illegally operated the program in secret for years. [01:00:58.440 --> 01:01:04.440] He says the lawsuit aims to vindicate the rights and the rights of all Americans to make calls overseas [01:01:04.440 --> 01:01:11.440] without being subject to government surveillance. [01:01:11.440 --> 01:01:15.440] The Baltimore Police Department has used the Stingray cell phone surveillance equipment [01:01:15.440 --> 01:01:19.440] about 4,300 times since 2007. [01:01:19.440 --> 01:01:22.440] Now that's more than any other department in the country. [01:01:22.440 --> 01:01:27.440] The new information came in the testimony of Baltimore Police Detective Emanuel Cabrera. [01:01:27.440 --> 01:01:32.440] The officer said the police have used the Hellstorm, an upgraded version of the Stingray. [01:01:32.440 --> 01:01:35.440] Both devices are brand names of cell site simulators, [01:01:35.440 --> 01:01:41.440] which can collect metadata from cell phones, including location, numbers dialed, time of call, and more. [01:01:41.440 --> 01:01:46.440] The revelation comes just days after redacted documents reveal that local police departments signed [01:01:46.440 --> 01:01:56.440] non-disclosure agreements, which required them to ask for FBI approval before releasing information about the devices. [01:01:56.440 --> 01:02:01.440] A new set of hearings have been canceled in the long-delayed controversy-plagued trial [01:02:01.440 --> 01:02:04.440] of the alleged mastermind of the September 11 attacks. [01:02:04.440 --> 01:02:10.440] Military judges canceled three hearings planned for April 20 to 24 in Cuba. [01:02:10.440 --> 01:02:14.440] The trial was last awaited by the revelation that a Defense Department interpreter [01:02:14.440 --> 01:02:18.440] formerly worked at the same compound that the men were tortured at. [01:02:18.440 --> 01:02:21.440] The next hearing will not be held until June 1. [01:02:21.440 --> 01:02:25.440] Looking to promote your business or cause to tens of thousands of loyal listeners? [01:02:25.440 --> 01:02:31.440] Well, for a limited time only, the Liberty Beat is offering you the chance to save big while spreading your message. [01:02:31.440 --> 01:02:37.440] It's simple. Just sign up for three months of advertising and get your fourth month free. [01:02:37.440 --> 01:02:42.440] Don't miss out on this unique opportunity. Just visit thelibertybeat.com slash advertise [01:02:42.440 --> 01:02:47.440] and use coupon code GCN in the describe your company section. [01:02:47.440 --> 01:02:52.440] This is the Liberty Beat for Thursday, April 9, 2015. [01:02:52.440 --> 01:03:21.440] Check out the website at thelibertybeat.com. [01:03:22.440 --> 01:03:24.440] Okay, we are back. [01:03:24.440 --> 01:03:30.440] Randy Kelton, Deborah Stevens, Root of Law Radio, and we're talking to Jimmy in Maryland. [01:03:30.440 --> 01:03:35.440] So Jimmy, what's your take on this? [01:03:35.440 --> 01:03:39.440] I think you're really hitting it on. [01:03:39.440 --> 01:03:44.440] Like I said, that aura, when I went, it was like it was going to go forward, you know, [01:03:44.440 --> 01:03:48.440] when the jury found me guilty and when the judge asked me, you know, [01:03:48.440 --> 01:03:52.440] was I ready for sentencing, I said, no, sir, I want to vote my right to prosecution now. [01:03:52.440 --> 01:03:55.440] And he tried to say, well, you didn't, you mean you weren't prepared, you didn't send it right, [01:03:55.440 --> 01:03:58.440] and I said, you know, you didn't, you don't want to do it in that aura. [01:03:58.440 --> 01:04:03.440] I said, no, sir, I want to put something right and put together and, you know, follow that way. [01:04:03.440 --> 01:04:09.440] And of course, the prosecutor, he still was in error about everything that he did. [01:04:09.440 --> 01:04:11.440] He tried to say it doesn't make a difference. [01:04:11.440 --> 01:04:16.440] If you, how do you say, if you never had a license, it's different if you had one, [01:04:16.440 --> 01:04:19.440] but I turned my, and so I had one, and at the staff that I had it, [01:04:19.440 --> 01:04:23.440] it was in a suspended status when, you know, when I turned in back in 98. [01:04:23.440 --> 01:04:29.440] You know, that's, he kept on him to say that it was suspended up to the point that I had it. [01:04:29.440 --> 01:04:32.440] He doesn't understand that there's no one for it when you, you know, [01:04:32.440 --> 01:04:35.440] you rescind it back, it kills the whole entire agreement. [01:04:35.440 --> 01:04:38.440] He doesn't seem to understand contract law. [01:04:38.440 --> 01:04:41.440] So, you know, I just, that's what he's going to say. [01:04:41.440 --> 01:04:48.440] Harman Taylor would like you. [01:04:48.440 --> 01:04:54.440] Harman Taylor always gives me a headache. [01:04:54.440 --> 01:05:01.440] And the reason he gives me a headache is it takes me two days after I talk to him [01:05:01.440 --> 01:05:07.440] to stitch together all of the stuff he throws at me. [01:05:07.440 --> 01:05:11.440] Two days behind catching up and it gives me a headache trying to get caught up. [01:05:11.440 --> 01:05:19.440] But he, Deb, if you're there, Deb is dealing with contract issues all the time, [01:05:19.440 --> 01:05:26.440] and she's really got a better head for how everything is contract. [01:05:26.440 --> 01:05:33.440] You seem to get that in a way that is useful for you. [01:05:33.440 --> 01:05:39.440] Deb was with me when I went to the Williamson County District Attorney several years ago. [01:05:39.440 --> 01:05:42.440] And today I wound up in jail. [01:05:42.440 --> 01:05:45.440] She told me, give me your car keys. [01:05:45.440 --> 01:05:46.440] I said, what for? [01:05:46.440 --> 01:05:49.440] I don't want to have to walk home. [01:05:49.440 --> 01:05:52.440] It was a good thing I gave her my car keys. [01:05:52.440 --> 01:05:54.440] Or she'd have to walk home. [01:05:54.440 --> 01:06:04.440] But I forgot why I went there. [01:06:04.440 --> 01:06:07.440] This is when I went after the District Attorney. [01:06:07.440 --> 01:06:08.440] I forgot why I went there. [01:06:08.440 --> 01:06:10.440] It was right on point. [01:06:10.440 --> 01:06:15.440] Oh, man, this stuff getting old is annoying. [01:06:15.440 --> 01:06:16.440] What happened? [01:06:16.440 --> 01:06:17.440] Pat dropped off. [01:06:17.440 --> 01:06:19.440] Pat, if you're there, come back. [01:06:19.440 --> 01:06:20.440] We're about done here. [01:06:20.440 --> 01:06:23.440] We'll pick you up as soon as we get done. [01:06:23.440 --> 01:06:25.440] Yeah, there's one more point I want to make with you. [01:06:25.440 --> 01:06:26.440] Then I'll go. [01:06:26.440 --> 01:06:27.440] Oh, contract. [01:06:27.440 --> 01:06:28.440] Contract. [01:06:28.440 --> 01:06:29.440] Yeah. [01:06:29.440 --> 01:06:30.440] When I... [01:06:30.440 --> 01:06:32.440] Oh, I told the... [01:06:32.440 --> 01:06:38.440] I asked to see a prosecuting attorney, and you'll find this interesting. [01:06:38.440 --> 01:06:43.440] I asked to see a prosecutor, and they sent out this guy with a pistol. [01:06:43.440 --> 01:06:46.440] And I said, I see you're wearing a pistol. [01:06:46.440 --> 01:06:48.440] And he said, yes, I am. [01:06:48.440 --> 01:06:51.440] Does that mean you're not an assistant district attorney? [01:06:51.440 --> 01:06:54.440] He said, yes, it does. [01:06:54.440 --> 01:06:56.440] I said, I need to talk to an assistant district attorney, [01:06:56.440 --> 01:06:58.440] so you don't have to talk to me. [01:06:58.440 --> 01:07:01.440] So, well, in that case, he said, what do you need? [01:07:01.440 --> 01:07:08.440] I said, well, I have some complaints here that I need to get the district attorney to verify. [01:07:08.440 --> 01:07:09.440] I'm sorry. [01:07:09.440 --> 01:07:10.440] When he said... [01:07:10.440 --> 01:07:13.440] I asked him if he was a certified police officer, and he said, yes, I am. [01:07:13.440 --> 01:07:18.440] I said, then I have these complaints here I need verified. [01:07:18.440 --> 01:07:22.440] And since you are a certified police officer, you can verify them for me. [01:07:22.440 --> 01:07:25.440] And they were against a sheriff's deputy. [01:07:25.440 --> 01:07:31.440] And he looked at it, and he said, well, I'll have to show that, take that to the district attorney. [01:07:31.440 --> 01:07:37.440] Well, what I didn't tell him was the unverified criminal complaint was on top. [01:07:37.440 --> 01:07:42.440] The verified criminal complaint was underneath. [01:07:42.440 --> 01:07:43.440] So I had done this before. [01:07:43.440 --> 01:07:45.440] So he takes it back to the prosecutor. [01:07:45.440 --> 01:07:49.440] Now the prosecutor has the verified criminal complaint. [01:07:49.440 --> 01:07:52.440] He has been officially notified. [01:07:52.440 --> 01:07:53.440] So that's why I did that. [01:07:53.440 --> 01:07:58.440] But he came back out, and this is what he said to me. [01:07:58.440 --> 01:08:08.440] The prosecutor said he declines to accept your offer. [01:08:08.440 --> 01:08:14.440] What does that sound like to you? [01:08:14.440 --> 01:08:18.440] Offer and acceptance. [01:08:18.440 --> 01:08:20.440] He declined the offer. [01:08:20.440 --> 01:08:27.440] He declined the contract with me. [01:08:27.440 --> 01:08:29.440] Wow. [01:08:29.440 --> 01:08:33.440] So he can't say he didn't know he didn't receive it. [01:08:33.440 --> 01:08:37.440] So they understand it's contractual. [01:08:37.440 --> 01:08:39.440] You understand it's contractual. [01:08:39.440 --> 01:08:42.440] That gives you a real leg up. [01:08:42.440 --> 01:08:47.440] You understand it's not about the facts or the law. [01:08:47.440 --> 01:08:49.440] No, I have no cause of that. [01:08:49.440 --> 01:08:51.440] It's about the contract. [01:08:51.440 --> 01:08:53.440] And then it's all about politics. [01:08:53.440 --> 01:08:56.440] You have to understand it's all politics. [01:08:56.440 --> 01:08:57.440] Yeah. [01:08:57.440 --> 01:09:03.440] That's what the barger, you told me about the barbers and the judicial esconda to get that started, which I've been doing. [01:09:03.440 --> 01:09:13.440] Yeah, and that will go a long way toward getting them to want you to just go away. [01:09:13.440 --> 01:09:30.440] And just talking to you and thinking about the situation as we talk this out, it may well be that they sent that lawyer to get you in a position so you can make all of this go away. [01:09:30.440 --> 01:09:38.440] Now, they probably sent that lawyer to screw you and to get it to go away. [01:09:38.440 --> 01:09:42.440] But in either case, they sent the lawyer to make it go away. [01:09:42.440 --> 01:09:53.440] When the district attorney came to me in the jail, from his demeanor, it was clear he was sent there to make all this go away. [01:09:53.440 --> 01:09:57.440] That guy should never play poker. [01:09:57.440 --> 01:10:01.440] And prosecutors are notorious at not being good poker players. [01:10:01.440 --> 01:10:06.440] You should have seen the Williamson County attorney with Deborah. [01:10:06.440 --> 01:10:13.440] Deborah landed in the middle of him with both feet. [01:10:13.440 --> 01:10:23.440] When we walked out, Deborah said he should not play poker because it was clear she scared the bejesus out of him. [01:10:23.440 --> 01:10:30.440] And she did it so slick that he didn't realize she knew exactly what she was doing. [01:10:30.440 --> 01:10:32.440] That was absolutely great. [01:10:32.440 --> 01:10:36.440] Anyway, I'm going to bet that that's what this is. [01:10:36.440 --> 01:10:42.440] This is a political maneuver to try to find a way out of this bad situation. [01:10:42.440 --> 01:10:45.440] And it's unfortunate, but it is the fact. [01:10:45.440 --> 01:10:48.440] They have your liberty to bargain with. [01:10:48.440 --> 01:10:51.440] It gives them an unfair advantage. [01:10:51.440 --> 01:10:56.440] And you may have to give up an ideal to stay out of jail. [01:10:56.440 --> 01:11:05.440] I suggest that you not do what William Penn did and risk the consequences. [01:11:05.440 --> 01:11:12.440] You're a much better advocate if you're not in jail helping other people to do what you did. [01:11:12.440 --> 01:11:16.440] So anyway, talk to this lawyer, figure out. [01:11:16.440 --> 01:11:18.440] Okay, I'll do that. [01:11:18.440 --> 01:11:21.440] There's one thing I want to ask you about. [01:11:21.440 --> 01:11:28.440] In the second case, the first case, like I said, that's already been through the Supreme Court. [01:11:28.440 --> 01:11:31.440] The second case is going to the U.S. Supreme Court. [01:11:31.440 --> 01:11:39.440] In that case, I was cited for suspending a license without registration. [01:11:39.440 --> 01:11:47.440] And this is when I lost the first case that the police officer lay waiting for me in the parking lot of the court and pulled me. [01:11:47.440 --> 01:11:49.440] Okay, hold on, hold on. [01:11:49.440 --> 01:11:52.440] You were convicted for driving with a suspended license. [01:11:52.440 --> 01:11:56.440] And then you were charged again with driving with a suspended license. [01:11:56.440 --> 01:11:58.440] Yeah, right after the court, yeah. [01:11:58.440 --> 01:12:03.440] The officer lay waiting for me in the court parking lot. [01:12:03.440 --> 01:12:09.440] Okay, and then the prosecutor admitted that you weren't driving on a suspended license. [01:12:09.440 --> 01:12:11.440] That's the third case. [01:12:11.440 --> 01:12:13.440] That's the third case. [01:12:13.440 --> 01:12:15.440] That's three different cases. [01:12:15.440 --> 01:12:29.440] And whenever he admitted that you weren't driving on a suspended license, that's grounds to reopen the original conviction and move to vacate the conviction. [01:12:29.440 --> 01:12:31.440] Yeah, that's what I was trying to tell Eddie. [01:12:31.440 --> 01:12:36.440] I was thinking of new evidence to open up the old trial, the old case. [01:12:36.440 --> 01:12:38.440] Exactly. [01:12:38.440 --> 01:12:49.440] Yeah, but what I wanted to ask you is I have in the process of that second case when I was cited for suspended license and registration, [01:12:49.440 --> 01:12:57.440] when I went to the lower court, I made the error when the judge asked me, do you have a driver's license? [01:12:57.440 --> 01:13:01.440] And I didn't see nothing wrong until, no, I don't because I'm not driving. [01:13:01.440 --> 01:13:14.440] Well, what they did was when I went to the court of record, the circuit court, the state's attorney, he filed a criminal information against me for driving on a license. [01:13:14.440 --> 01:13:18.440] So the court, they did that in the lower court. [01:13:18.440 --> 01:13:25.440] And I'm wondering if I can file a bar grievance against the state's attorney. [01:13:25.440 --> 01:13:27.440] He wasn't even there. [01:13:27.440 --> 01:13:32.440] Wait a minute, you filed criminally against the state attorney. [01:13:32.440 --> 01:13:34.440] Criminally, not bargaining? [01:13:34.440 --> 01:13:42.440] Yeah, if I file a criminal complaint, I am absolutely protected from suit. [01:13:42.440 --> 01:13:50.440] But when the prosecutor files an information that's fraudulent, he's committed fraud on the court. [01:13:50.440 --> 01:13:56.440] He's not protected because fraud on the court is not within scope. [01:13:56.440 --> 01:13:57.440] Okay. [01:13:57.440 --> 01:14:06.440] Well, that's the problem with the enhancement of utilities because I was guilty of driving without a license, something that he invoked in the lower court. [01:14:06.440 --> 01:14:12.440] And now I'm feeling that because they, you know, I'm telling that now in the, that's going to the U.S. Supreme Court now. [01:14:12.440 --> 01:14:18.440] But it was his own doing that I can take it off of driving without a license. [01:14:18.440 --> 01:14:21.440] Were you originally charged with driving without a license? [01:14:21.440 --> 01:14:23.440] No. [01:14:23.440 --> 01:14:27.440] Were you tried for driving without a license? [01:14:27.440 --> 01:14:29.440] No. [01:14:29.440 --> 01:14:32.440] I was driving without a license just recently. [01:14:32.440 --> 01:14:35.440] So how did you get convicted? [01:14:35.440 --> 01:14:36.440] Okay, wait a minute. [01:14:36.440 --> 01:14:41.440] You got convicted for driving on a revoked license? [01:14:41.440 --> 01:14:42.440] Suspended license. [01:14:42.440 --> 01:14:44.440] Suspended license. [01:14:44.440 --> 01:14:49.440] Were you ever convicted for driving without a license? [01:14:49.440 --> 01:14:54.440] Just this March the 4th I was, the case that's in citizen right now. [01:14:54.440 --> 01:15:03.440] I was cited for both suspended and I was convicted on all charges, you know, driving without a license, driving without a license. [01:15:03.440 --> 01:15:04.440] Okay. [01:15:04.440 --> 01:15:06.440] Now they're saying you're driving without a license. [01:15:06.440 --> 01:15:11.440] Now they have, did they prove that you were driving? [01:15:11.440 --> 01:15:13.440] This is how they prove that you're driving. [01:15:13.440 --> 01:15:22.440] The U.S. Supreme Court case says if you have your engine in the, if you didn't have a steering wheel and the key to the ignition engine is running, that's driving. [01:15:22.440 --> 01:15:23.440] Okay. [01:15:23.440 --> 01:15:28.440] We need to go back and look at what the definition of driving is in that circumstance. [01:15:28.440 --> 01:15:37.440] If you have another definition of traveling and driving, you can show the difference between traveling and driving. [01:15:37.440 --> 01:15:55.440] When they say if you're in the driver's seat and you have the key in the ignition you're driving, that presupposes you are in a commercial vehicle that is loaded and being paid to transport persons or property from one place to another. [01:15:55.440 --> 01:15:59.440] That presupposes driving. [01:15:59.440 --> 01:16:06.440] But if you're in a private conveyance, then you cannot possibly drive. [01:16:06.440 --> 01:16:07.440] Right. [01:16:07.440 --> 01:16:18.440] If you're not in a private conveyance and you're not hauling persons or property for hire, then you won't fall under driving. [01:16:18.440 --> 01:16:27.440] Well, we know that, but like these lawyers, they probably know that, but they, you know, they try to manipulate things and try to, you know, intentionally, you know, keep it. [01:16:27.440 --> 01:16:29.440] Of course they do. Of course they're going to do everything they can. [01:16:29.440 --> 01:16:32.440] That's why I say it's all political. [01:16:32.440 --> 01:16:41.440] So you got to create politics to work on your side, and the way to do that is start filing criminal charges against them fast. [01:16:41.440 --> 01:16:44.440] That's what got my last one dismissed. [01:16:44.440 --> 01:16:51.440] Because I was trying to file criminal charges against all of them, and they dismissed it to get me out of there. [01:16:51.440 --> 01:16:55.440] Hang on. Hang on. We'll pick this part up again on the other side. [01:16:55.440 --> 01:17:00.440] This is a part of politics I think you're missing. [01:17:00.440 --> 01:17:05.440] My name is Jessica Armand. I'm an activist, a GCN listener, and mother of three. [01:17:05.440 --> 01:17:10.440] Our drinking water and food are filled with fluoride and other contaminants that harm our teeth and gums. 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[01:19:34.440 --> 01:19:37.440] Randy Kelton and Deborah Stevens with our radio. [01:19:37.440 --> 01:19:42.440] And we're talking to Jimmy in Maryland. [01:19:42.440 --> 01:19:47.440] The most important thing here is understanding the politics. [01:19:47.440 --> 01:19:59.440] And if I seem to kind of hammer on this, it's because understanding the politics takes a paradigm shift. [01:19:59.440 --> 01:20:03.440] You went to school and they taught you about this great and wonderful country you lived in [01:20:03.440 --> 01:20:12.440] and how you lived in a country that was operated on the rule of law and your public officials were your servants. [01:20:12.440 --> 01:20:18.440] And they're there to protect you and shield you from bad stuff. [01:20:18.440 --> 01:20:29.440] And you develop this internally for the most part unspoken expectation that your public officials will be your buddies [01:20:29.440 --> 01:20:32.440] and they're the good guys and they'll help you out. [01:20:32.440 --> 01:20:37.440] That is so much horse poop. [01:20:37.440 --> 01:20:39.440] That ain't how it works at all. [01:20:39.440 --> 01:20:47.440] And when you begin to find out that that's not how it works, you feel horribly betrayed. [01:20:47.440 --> 01:21:00.440] Your whole life is built on this sense of security you hold by being protected from all this bad stuff by your public officials. [01:21:00.440 --> 01:21:07.440] And when you find out that is not the case, it kind of shakes up everything. [01:21:07.440 --> 01:21:12.440] It makes it really difficult to reorient yourself. [01:21:12.440 --> 01:21:19.440] You always keep holding this expectation that these guys are doing the right thing. [01:21:19.440 --> 01:21:31.440] And it takes a long time for someone to finally realize after all that, to quote Paul Simon, after all that crap I learned in high school, [01:21:31.440 --> 01:21:36.440] it's a wonder I can think at all. He was right. [01:21:36.440 --> 01:21:39.440] You were programmed into thinking this way. [01:21:39.440 --> 01:21:47.440] It's going to be hard to always ask yourself what are the political implications of this? [01:21:47.440 --> 01:21:52.440] What political influences are on that judge? [01:21:52.440 --> 01:21:56.440] I've talked to a number of judges. I want to get them on the air. [01:21:56.440 --> 01:22:05.440] Because, you know, what I told the judges is, you know, I have listeners and we talk to people in the patriot movement, [01:22:05.440 --> 01:22:13.440] so they tend to be somewhat anti-government and they think you're all a bunch of no good rotten scoundrels. [01:22:13.440 --> 01:22:19.440] And I'd like you to come on the air and explain where you live, [01:22:19.440 --> 01:22:27.440] the kind of forces acting on you and the kinds of things you have to deal with so they'll better understand your position. [01:22:27.440 --> 01:22:37.440] What I don't tell them is I want them to better understand your position so that they'll have a better head for politics. [01:22:37.440 --> 01:22:44.440] How the politics around you, all politics is local. [01:22:44.440 --> 01:22:52.440] How the politics between you and the clerk, between you and other lawyers like yourself, [01:22:52.440 --> 01:23:02.440] between you and other judges like yourself, how do those politics, those political influences affect what you do? [01:23:02.440 --> 01:23:16.440] Once we understand that, then we have a lot better idea of how to adjust what we do to pay attention more to the politics than the law and the facts. [01:23:16.440 --> 01:23:24.440] What is the political situation in your case now? [01:23:24.440 --> 01:23:31.440] You've got a prosecutor who's admitted that the original charge was fraudulent. [01:23:31.440 --> 01:23:41.440] When he admitted that, that essentially admitted that any conviction for driving on a suspended license was void. [01:23:41.440 --> 01:23:52.440] And the judge is sitting up here and the prosecutor brings in this case and halfway through the case, the prosecutor sticks it to the judge. [01:23:52.440 --> 01:23:58.440] Oh, yeah, you were prosecuting him for something that a crime he couldn't have committed. [01:23:58.440 --> 01:24:05.440] And he admits it in the case. You know, if I was a judge, I would want to hit that guy over the head with the gavel. [01:24:05.440 --> 01:24:12.440] That may be the case, but don't come here and say that in court, you moron. [01:24:12.440 --> 01:24:19.440] Now you got me on the dime. I was supposed to know that. [01:24:19.440 --> 01:24:25.440] And I'm trying to get this jack leg convicted and you screwed it up. [01:24:25.440 --> 01:24:35.440] What's the politics going on up there? [01:24:35.440 --> 01:24:46.440] Look at, read the code. Read the code really careful, especially the sections pertaining to public officials. [01:24:46.440 --> 01:25:00.440] Read what the codes say, especially official misconduct, official oppression, if they have it, and think about how that applies to what they've done. [01:25:00.440 --> 01:25:16.440] Official oppression, every state has it in one context or another. It reflects the Ku Klux Klan Act 1871. [01:25:16.440 --> 01:25:36.440] In fact, it says if a public official acting under the color of his color, meaning pretense of his official capacity, exerts or purports to exert authority he does not expressly have or fails to perform a duty he's required to perform and in the process denies a citizen in a full and free access to or enjoyment of a right, that's a crime. [01:25:36.440 --> 01:25:46.440] So that's kind of a catchall. Anything the judge does wrong to denies you in a right is a crime. [01:25:46.440 --> 01:25:50.440] So go back and look at everything he did. [01:25:50.440 --> 01:25:56.440] I get a lot of people claiming that the judge should have done this and he didn't, the dirty rascal. [01:25:56.440 --> 01:26:02.440] And I'm thinking, man, that would be great. I get to hammer the judge. [01:26:02.440 --> 01:26:13.440] First time I can construe that the judge failed to perform a duty he's required to perform, I file on it. Boom. [01:26:13.440 --> 01:26:21.440] First time the prosecutor does something that appears to be out of scope. File on it. [01:26:21.440 --> 01:26:26.440] Criminal complaints are free and easy. They can't do anything to you for criminal complaints. [01:26:26.440 --> 01:26:33.440] What's the difference? This is what I'm saying. Judicial misconduct versus a criminal complaint. [01:26:33.440 --> 01:26:42.440] Oh, okay. Misconception. The misconception is that there's one versus the other. [01:26:42.440 --> 01:26:51.440] The one doesn't have anything to do with the other. Point being, file on both at the same time. [01:26:51.440 --> 01:26:58.440] There's not a choice to make there between one and the other. In Texas, we have a statute 38.171. [01:26:58.440 --> 01:27:04.440] If you have knowledge that a felony has been committed and you don't report that knowledge by way of a criminal complaint, [01:27:04.440 --> 01:27:11.440] you can be charged with a Class A misdemeanor, given up to a year in jail. [01:27:11.440 --> 01:27:18.440] You probably have something similar in Maryland. [01:27:18.440 --> 01:27:27.440] People have a duty to report crime. And for that reason, when you do report crime, [01:27:27.440 --> 01:27:33.440] you have the same immunity from civil litigation that a judge has. [01:27:33.440 --> 01:27:41.440] So that's a separate duty. It doesn't have anything to do with judicial conduct complaints, with lawsuits, with anything else. [01:27:41.440 --> 01:27:48.440] That is duty. So they can't complain that you filed a criminal complaint. [01:27:48.440 --> 01:27:55.440] If you file a criminal complaint, it's brought up in court. You need to object vehemently. [01:27:55.440 --> 01:28:02.440] They may not bring this up in court. This is inappropriate. They're trying to gain advantage in a civil action [01:28:02.440 --> 01:28:08.440] or in one case because they were filed criminally in another case. [01:28:08.440 --> 01:28:14.440] If they mention the criminal complaint, objection, relevance. [01:28:14.440 --> 01:28:23.440] What does a crime you committed or you're accused of being committed have to do with the accusation you made against me? [01:28:23.440 --> 01:28:38.440] Now there may be a place you can bring that up, like in an arraignment hearing. [01:28:38.440 --> 01:28:47.440] In an arraignment hearing, if I filed a criminal complaint against you and you get indicted, [01:28:47.440 --> 01:28:53.440] you're to be arrested and brought before a magistrate and the magistrate holds an examining trial. [01:28:53.440 --> 01:28:59.440] He'll almost certainly find probable cause and forward the complaint to the court of jurisdiction. [01:28:59.440 --> 01:29:03.440] Then the court of jurisdiction will call you in for an arraignment hearing. [01:29:03.440 --> 01:29:11.440] An arraignment hearing is for the purpose of determining your identity and taking the plea because that's the first time the court saw you. [01:29:11.440 --> 01:29:18.440] At that court, you could raise your objection in the natural course of things. [01:29:18.440 --> 01:29:23.440] So there's a natural course for all this. Say you did that to the prosecutor. [01:29:23.440 --> 01:29:30.440] When he's indicted and given an examining trial and brought before the court for arraignment, [01:29:30.440 --> 01:29:35.440] that's his place to make his argument concerning the complaint. [01:29:35.440 --> 01:29:44.440] Not in this other case. You're in front of a judge hearing a criminal charge against you. [01:29:44.440 --> 01:29:53.440] If the prosecutor brings up the fact that you filed a criminal charge against him, ask for a mistrial. [01:29:53.440 --> 01:30:02.440] If it was irrelevant, you brought that up to disqualify your two. Be right back. [01:30:02.440 --> 01:30:07.440] What causes hiccups and how can you get rid of them? I'd sure like to know. [01:30:07.440 --> 01:30:15.440] I'm Dr. Catherine Albrecht and I'll be back in just a moment to share recommended tears for this annoying and embarrassing problem. [01:30:15.440 --> 01:30:20.440] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [01:30:20.440 --> 01:30:25.440] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:25.440 --> 01:30:30.440] So protect your rights. Say no to surveillance and keep your information to yourself. [01:30:30.440 --> 01:30:33.440] Privacy, it's worth hanging on to. [01:30:33.440 --> 01:30:40.440] This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. [01:30:40.440 --> 01:30:43.440] Start over with StartPage. [01:30:43.440 --> 01:30:47.440] Hiccups are caused by quick and voluntary contractions of the diaphragm. [01:30:47.440 --> 01:30:51.440] The diaphragm is the muscle just underneath your rib cage that helps you breathe. [01:30:51.440 --> 01:30:54.440] Hiccups usually go away by themselves. It just takes time. [01:30:54.440 --> 01:30:57.440] But if you can't wait, try one of these time-tested remedies. [01:30:57.440 --> 01:31:02.440] Hold your breath for short periods. Take a mouthful of water and swallow it upside down. [01:31:02.440 --> 01:31:08.440] Breathe in and out of a paper bag or swallow a teaspoon of vinegar or, surprisingly, a teaspoon of sugar. [01:31:08.440 --> 01:31:12.440] Hiccups that won't go away could signal a serious medical condition. [01:31:12.440 --> 01:31:17.440] If they last for more than 48 hours or you experience other symptoms, it's time to see a doctor. [01:31:17.440 --> 01:31:30.440] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:31:30.440 --> 01:31:34.440] I lost my son, my nephew, my uncle, my son on September 11, 2001. [01:31:34.440 --> 01:31:38.440] Most people don't know that a third tower fell on September 11. [01:31:38.440 --> 01:31:42.440] World Trade Center 7, a 47-story skyscraper, was not hit by a plane. 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[01:33:37.440 --> 01:33:45.440] Randy Kelton, Debra Stevens, Real Raw Radio, and we're talking to Jimmy in Maryland. [01:33:45.440 --> 01:33:55.440] I'm struggling here, Jimmy, because I don't know when what I'm saying makes sense or not. [01:33:55.440 --> 01:34:06.440] I hope you understand that what I'm doing here is kind of figuring this out as we're talking. [01:34:06.440 --> 01:34:11.440] I'm uncomfortable when people think of me as some kind of a guru. [01:34:11.440 --> 01:34:13.440] I'm no such thing. [01:34:13.440 --> 01:34:16.440] I'm an engineer, and I engineer things. [01:34:16.440 --> 01:34:22.440] And that's what I've been doing here is trying to figure out how the pieces fit together. [01:34:22.440 --> 01:34:26.440] Okay, now one thing you never said about filing the criminal complaints, [01:34:26.440 --> 01:34:29.440] do you file them in the federal court or in the state court or both? [01:34:29.440 --> 01:34:34.440] Okay, that is, I like the state court better. [01:34:34.440 --> 01:34:40.440] If you file them in the federal, there's kind of a routine you have to go through. [01:34:40.440 --> 01:34:46.440] If you try to file a complaint in the federal, you're going to be directed to the FBI. [01:34:46.440 --> 01:34:55.440] Just like if you file a complaint in the state, you're going to be directed to the police department. [01:34:55.440 --> 01:34:59.440] And I always say, screw that. [01:34:59.440 --> 01:35:01.440] I always file a complaint. [01:35:01.440 --> 01:35:10.440] When I file a complaint in the federal, I send it to the grand jury by way of the U.S. attorney. [01:35:10.440 --> 01:35:16.440] And the reason I do that is if the prosecuting attorney, the U.S. attorney, [01:35:16.440 --> 01:35:24.440] doesn't give the complaint to the grand jury, then I'll file charges against him. [01:35:24.440 --> 01:35:31.440] If I give it to the FBI, they are line SOBs. [01:35:31.440 --> 01:35:37.440] The FBI is merely a political arm of the president. [01:35:37.440 --> 01:35:45.440] I don't see any difference between the FBI and Hitler's brown shirts. [01:35:45.440 --> 01:35:47.440] Same thing. [01:35:47.440 --> 01:35:56.440] They are not going to do anything that is not politically expedient for the administration. [01:35:56.440 --> 01:35:59.440] They don't care about law. [01:35:59.440 --> 01:36:02.440] They don't care about the right of things. [01:36:02.440 --> 01:36:10.440] They care about what's politically expedient for their boss, and that is it. [01:36:10.440 --> 01:36:15.440] If they care about anything else, they'll get fired. [01:36:15.440 --> 01:36:22.440] And that's not, you know, that may not be how it should be, but that's how it is. [01:36:22.440 --> 01:36:32.440] Deborah and I went to Philadelphia, and I was trying to file a complaint [01:36:32.440 --> 01:36:38.440] with a FBI agent in Philadelphia, and they wanted me to, [01:36:38.440 --> 01:36:43.440] I was filing against all of the magistrates in Philadelphia. [01:36:43.440 --> 01:36:49.440] And they gave me this questionnaire and asked if I had ever filed a complaint with the FBI before. [01:36:49.440 --> 01:36:51.440] And I put on there, yes, I did. [01:36:51.440 --> 01:36:55.440] He asked me what it was about, and I said I'd do a radio show. [01:36:55.440 --> 01:37:11.440] And someone sent me an affidavit of witness to an incredibly grisly murder by jail guards in the jail. [01:37:11.440 --> 01:37:14.440] And this guy's eyes lit up when he saw that. [01:37:14.440 --> 01:37:19.440] He was a young kid, saw his career, saw a career start here. [01:37:19.440 --> 01:37:24.440] And he called me up to the window and said, Mr. Kelton, can you explain what went on here? [01:37:24.440 --> 01:37:29.440] No, I cannot. First, I need to know who you are. [01:37:29.440 --> 01:37:37.440] And he ducked his head and he said, we're not allowed to identify ourselves. [01:37:37.440 --> 01:37:40.440] Say, say what? [01:37:40.440 --> 01:37:43.440] And he had on this garish blue tie. [01:37:43.440 --> 01:37:46.440] So we have secret police now? [01:37:46.440 --> 01:37:51.440] So what do I call you, secret agent blue tie? [01:37:51.440 --> 01:37:54.440] And Debra was sitting behind me, nearly fell out of the chair laughing. [01:37:54.440 --> 01:37:56.440] And Debra's a good looking woman. [01:37:56.440 --> 01:38:00.440] And he looked past me and he looked at her and his face just turned bright red. [01:38:00.440 --> 01:38:07.440] The guy was absolutely mortified. [01:38:07.440 --> 01:38:10.440] He felt completely dishonored. [01:38:10.440 --> 01:38:16.440] And he should have because he was not allowed to identify himself. [01:38:16.440 --> 01:38:17.440] You cannot trust him. [01:38:17.440 --> 01:38:22.440] And I told him, there is no way I'm revealing this to you. [01:38:22.440 --> 01:38:27.440] I reveal this to you that this woman who wrote this affidavit is going to wind up dead somewhere. [01:38:27.440 --> 01:38:29.440] Oh, well, that won't happen. [01:38:29.440 --> 01:38:32.440] Yeah, you tell me that. Not even know who you are. [01:38:32.440 --> 01:38:34.440] Not going to happen. [01:38:34.440 --> 01:38:38.440] And we got out and stormed out of the place. [01:38:38.440 --> 01:38:44.440] You can't trust the FBI and I'm not blaming FBI agents. [01:38:44.440 --> 01:38:46.440] That's a political arm of the government. [01:38:46.440 --> 01:38:52.440] So I go around all those guys, go straight to the grand jury, bypass the U.S. attorney. [01:38:52.440 --> 01:38:57.440] And when the U.S. attorney hides your complaints from the grand jury, [01:38:57.440 --> 01:39:00.440] then you file against the U.S. attorney with a district judge. [01:39:00.440 --> 01:39:05.440] And when he refuses to do anything, you file against him with the court of appeals. [01:39:05.440 --> 01:39:14.440] And when they refuse to act, you file with them with the Supreme Court because all judges are magistrates. [01:39:14.440 --> 01:39:19.440] You file with them in their capacity as a magistrate. [01:39:19.440 --> 01:39:24.440] And that's a capacity from which they cannot, a duty from which they cannot shield themselves. [01:39:24.440 --> 01:39:32.440] But in the end, what this does is causes a lot of political boozing. [01:39:32.440 --> 01:39:37.440] These guys at the bottom get guys at the top looking at them saying, what is going on here? [01:39:37.440 --> 01:39:40.440] Why can't you handle this situation? [01:39:40.440 --> 01:39:48.440] Well, the guy is out of control. Your problem, not my problem. Fix it. [01:39:48.440 --> 01:39:53.440] The only way we can get politics is much harder in the Fed. [01:39:53.440 --> 01:39:57.440] In the state, same thing. Go straight to the grand jury. [01:39:57.440 --> 01:40:00.440] Do they have grand juries in Maryland? [01:40:00.440 --> 01:40:02.440] Yes, they do. [01:40:02.440 --> 01:40:04.440] Then go straight to the grand jury. [01:40:04.440 --> 01:40:11.440] You send a complaint to the district attorney's office addressed to the foreman of the grand jury. [01:40:11.440 --> 01:40:15.440] Registered, restricted. [01:40:15.440 --> 01:40:18.440] That means only the foreman of the grand jury can sign for it. [01:40:18.440 --> 01:40:23.440] You get any indication, anybody else signed for it, you charge them with mail fraud. [01:40:23.440 --> 01:40:30.440] In the Fed, you charge them with obstruction of justice in the state. [01:40:30.440 --> 01:40:36.440] And just start pointing ugly fingers at them. [01:40:36.440 --> 01:40:39.440] That gets politics going. [01:40:39.440 --> 01:40:44.440] I filed these complaints in Tarrant County against the Dallas County District Attorney, [01:40:44.440 --> 01:40:49.440] and I accused him of refusing to take a complaint against a magistrate [01:40:49.440 --> 01:40:54.440] who wouldn't hold an examining trial on a complaint against another magistrate. [01:40:54.440 --> 01:40:59.440] So what's going to happen is, as soon as they get these complaints, [01:40:59.440 --> 01:41:03.440] they're going to get a call from an investigator. [01:41:03.440 --> 01:41:06.440] All of them are going to get calls. What is going on here? [01:41:06.440 --> 01:41:09.440] I got criminal complaints. You want me to arrest you? [01:41:09.440 --> 01:41:13.440] You want to tell me why I shouldn't arrest you? [01:41:13.440 --> 01:41:19.440] Talk about politics? That creates lots of politics. [01:41:19.440 --> 01:41:24.440] So, when it comes to criminal complaints, my suggestion is, [01:41:24.440 --> 01:41:27.440] every time you have reason to believe that a crime has been committed, [01:41:27.440 --> 01:41:30.440] you prepare a criminal complaint and file it immediately. [01:41:30.440 --> 01:41:35.440] Send it to the grand jury, run the routine on them. [01:41:35.440 --> 01:41:38.440] It's not about getting the people convicted. [01:41:38.440 --> 01:41:43.440] It's about creating political pressure on them to do everything right, [01:41:43.440 --> 01:41:47.440] cross every T exactly the way they should, [01:41:47.440 --> 01:41:53.440] and above all, get you to go away and leave them alone. [01:41:53.440 --> 01:41:56.440] Yeah, but that's what I was thinking, the women with the bar grievance [01:41:56.440 --> 01:42:00.440] and the judicial misconduct, that's probably in that direction as well. [01:42:00.440 --> 01:42:02.440] Yes, that is exactly in that direction. [01:42:02.440 --> 01:42:08.440] And if the lawyer mentions the bar grievance in court, [01:42:08.440 --> 01:42:12.440] you file a bar grievance against him for that and object to him mentioning it. [01:42:12.440 --> 01:42:15.440] If the judge mentions the judicial conduct complaint, [01:42:15.440 --> 01:42:19.440] you demand that he stand down from the bench immediately [01:42:19.440 --> 01:42:22.440] and cause to be appointed the fairer and honest jurist [01:42:22.440 --> 01:42:26.440] you have a right to in the first instance. [01:42:26.440 --> 01:42:32.440] That way, if you're prepared for what they do [01:42:32.440 --> 01:42:35.440] and prepared in a way they don't expect it, [01:42:35.440 --> 01:42:39.440] they feel like you're setting them up. [01:42:39.440 --> 01:42:40.440] Exactly. [01:42:40.440 --> 01:42:43.440] And that's kind of what I did. [01:42:43.440 --> 01:42:46.440] Because I didn't file it with the clerk. [01:42:46.440 --> 01:42:50.440] I waited until the sentencing day to hand them the fine and the fact that it was a law. [01:42:50.440 --> 01:42:53.440] And so they didn't know what I was doing and they got them off guard. [01:42:53.440 --> 01:42:57.440] My mother and my cousin came with me next fall, they distinctly said something changed. [01:42:57.440 --> 01:42:59.440] They said something happened to them. [01:42:59.440 --> 01:43:06.440] Ken Magnuson told me a really cool story that kind of gives the perspective. [01:43:06.440 --> 01:43:09.440] He's in court, he had filed a motion. [01:43:09.440 --> 01:43:12.440] The judge ruled against his motion. [01:43:12.440 --> 01:43:15.440] He stands up, your honor, may I approach? [01:43:15.440 --> 01:43:17.440] And he holds up this document. [01:43:17.440 --> 01:43:18.440] Yes, you may. [01:43:18.440 --> 01:43:20.440] At first, he asked him to show it to the prosecutor. [01:43:20.440 --> 01:43:23.440] He said the prosecutor looked at it and just shrugged his shoulders. [01:43:23.440 --> 01:43:24.440] Okay. [01:43:24.440 --> 01:43:27.440] And he handed it to the judge. [01:43:27.440 --> 01:43:34.440] And it was a motion for reconsideration for the ruling he just made. [01:43:34.440 --> 01:43:41.440] And the judge read it and said, well, Mr. Magnuson, it seems you're a step ahead of the court. [01:43:41.440 --> 01:43:44.440] And Ken held up three fingers. [01:43:44.440 --> 01:43:46.440] That's what you want him to think. [01:43:46.440 --> 01:43:52.440] Hang on, Randy Kelton, Louisville Radio, a call in number 512-646-1984. [01:43:52.440 --> 01:43:53.440] Chuck, that's you there. [01:43:53.440 --> 01:43:55.440] We'll get to you shortly. [01:43:55.440 --> 01:44:00.440] We'll be right back. [01:44:00.440 --> 01:44:03.440] You feel tired when talking about important topics like money and politics? [01:44:03.440 --> 01:44:04.440] Sorry. 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[01:46:22.440 --> 01:46:27.440] Some things in this world I will never understand. [01:46:27.440 --> 01:46:31.440] Some things I realize foolish. [01:46:31.440 --> 01:46:35.440] Somebody's on a police, a policeman. [01:46:35.440 --> 01:46:40.440] Somebody's on a police, a police. [01:46:40.440 --> 01:46:42.440] There's always a room at the top... [01:46:42.440 --> 01:46:44.440] Okay, we are back. [01:46:44.440 --> 01:46:46.440] Randy Kelton, Deborah Stevens, Rule of Law Radio. [01:46:46.440 --> 01:46:48.440] We're talking to Jimmy in Maryland. [01:46:48.440 --> 01:46:51.440] We do need to finish this up, Jimmy. [01:46:51.440 --> 01:46:53.440] I can call you back tomorrow. [01:46:53.440 --> 01:46:54.440] Tomorrow would be good. [01:46:54.440 --> 01:47:01.440] I did enjoy this conversation because sometimes I like to get into real nitty-gritty details [01:47:01.440 --> 01:47:07.440] of how a case is working, and the politics part begins to make more sense. [01:47:07.440 --> 01:47:09.440] I appreciated this conversation. [01:47:09.440 --> 01:47:14.440] I know you've caused a number of times, and a lot of times we've kind of shorted you, [01:47:14.440 --> 01:47:17.440] so we owed you a little extra time this time. [01:47:17.440 --> 01:47:19.440] Okay, call back tomorrow. [01:47:19.440 --> 01:47:21.440] We'll talk about this some more. [01:47:21.440 --> 01:47:22.440] Certainly. [01:47:22.440 --> 01:47:23.440] Look forward to it. [01:47:23.440 --> 01:47:24.440] Thanks a lot, Randy. [01:47:24.440 --> 01:47:25.440] Thank you. [01:47:25.440 --> 01:47:27.440] Okay, now we're going to Chuck in Ohio. [01:47:27.440 --> 01:47:28.440] Hello, Chuck. [01:47:28.440 --> 01:47:30.440] What do you have for us tonight? [01:47:30.440 --> 01:47:31.440] How are you doing, Randy? [01:47:31.440 --> 01:47:32.440] I haven't talked to you for a little while. [01:47:32.440 --> 01:47:35.440] I think maybe his remedy that he's talking about might be... [01:47:35.440 --> 01:47:38.440] I read some commentaries under Federal Rule 11, [01:47:38.440 --> 01:47:43.440] and it may be beneficial to what the last caller was doing. [01:47:43.440 --> 01:47:46.440] But I wanted to talk about Federal Rule 5.1, [01:47:46.440 --> 01:47:50.440] but before I got into that, I wanted to talk about a little traffic stop I got, [01:47:50.440 --> 01:47:51.440] and what I've done. [01:47:51.440 --> 01:47:54.440] My thing is kind of funny. [01:47:54.440 --> 01:48:00.440] I was traveling down a highway, and this officer pulls me over, [01:48:00.440 --> 01:48:07.440] and he stops me, and he says, I said, what's the emergency? [01:48:07.440 --> 01:48:09.440] He said, you went over the white line. [01:48:09.440 --> 01:48:12.440] I said, well, what evidence did I go over the white line? [01:48:12.440 --> 01:48:13.440] He said, I saw you. [01:48:13.440 --> 01:48:15.440] I said, I did not. [01:48:15.440 --> 01:48:17.440] He says, I need license, registration, proof of insurance. [01:48:17.440 --> 01:48:19.440] I put it on the dashboard. [01:48:19.440 --> 01:48:20.440] It's right there. [01:48:20.440 --> 01:48:21.440] He says, can you hand that to me? [01:48:21.440 --> 01:48:23.440] I said, are you ordering? [01:48:23.440 --> 01:48:27.440] He said to me, he says, I'm ordering you to give me that license, [01:48:27.440 --> 01:48:29.440] registration, proof of insurance. [01:48:29.440 --> 01:48:33.440] I said, well, according to the statute, I believe, [01:48:33.440 --> 01:48:36.440] if the statute says display, it doesn't state order. [01:48:36.440 --> 01:48:37.440] He says, can I come in your car? [01:48:37.440 --> 01:48:38.440] I said, absolutely not. [01:48:38.440 --> 01:48:41.440] Under my domestic authority, you're not walking in my car. [01:48:41.440 --> 01:48:42.440] He says, I want you to get out of your car. [01:48:42.440 --> 01:48:44.440] You're under arrest. [01:48:44.440 --> 01:48:45.440] I said, I'm going to tell you what. [01:48:45.440 --> 01:48:48.440] You better call your superior before I get out of this car. [01:48:48.440 --> 01:48:49.440] So he calls his superior. [01:48:49.440 --> 01:48:51.440] I call 911. [01:48:51.440 --> 01:48:52.440] I said... [01:48:52.440 --> 01:48:54.440] Good man. [01:48:54.440 --> 01:48:55.440] Yeah. [01:48:55.440 --> 01:49:00.440] I said, this officer has ordered me to get out of my car. [01:49:00.440 --> 01:49:01.440] He's ordered me to hand him papers. [01:49:01.440 --> 01:49:05.440] He's ordered me to get on my head and spit nickels out. [01:49:05.440 --> 01:49:08.440] I said, he's violating my rights under Title 42. [01:49:08.440 --> 01:49:12.440] He's also under color law, color expressions of law. [01:49:12.440 --> 01:49:15.440] And I said, I want to see somebody out here. [01:49:15.440 --> 01:49:18.440] So his superior comes out there about 20 minutes later. [01:49:18.440 --> 01:49:20.440] And he says to me, he says, what's going on? [01:49:20.440 --> 01:49:22.440] I said, well, I'm traveling out of... [01:49:22.440 --> 01:49:23.440] I'm not driving. [01:49:23.440 --> 01:49:26.440] I'm not commercial activity at all right now at this moment. [01:49:26.440 --> 01:49:28.440] He says, can you hand me that license? [01:49:28.440 --> 01:49:32.440] I said, I will hand you that license only as an identifier of who I am [01:49:32.440 --> 01:49:35.440] and not as I was driving. [01:49:35.440 --> 01:49:38.440] So I handed the other officer the license, [01:49:38.440 --> 01:49:43.440] and the three minutes later he says, get out of here. [01:49:43.440 --> 01:49:44.440] So a little bit different. [01:49:44.440 --> 01:49:47.440] So that might help somebody if somebody gets in there, you know. [01:49:47.440 --> 01:49:51.440] But I wanted to talk a little bit about the federal rules 5.1. [01:49:51.440 --> 01:49:55.440] And what it means is a constitutional question on statutory code. [01:49:55.440 --> 01:49:59.440] And I'm a little vague on it, so I was hoping you may be able to help me out on that. [01:49:59.440 --> 01:50:01.440] So I want to hear what you had to say about that, [01:50:01.440 --> 01:50:08.440] if you know anything about that law or that code. [01:50:08.440 --> 01:50:11.440] Are you there? [01:50:11.440 --> 01:50:13.440] Oh, sorry, I muted my mic. [01:50:13.440 --> 01:50:17.440] We have a suppressor on the system, and if there's noise in my background, [01:50:17.440 --> 01:50:19.440] it'll push your voice down. [01:50:19.440 --> 01:50:22.440] So I had my mic muted. [01:50:22.440 --> 01:50:24.440] Can you read rule 5? [01:50:24.440 --> 01:50:27.440] I'm going to look it up while you're reading it. [01:50:27.440 --> 01:50:29.440] Well, I don't have it on me in my car, [01:50:29.440 --> 01:50:32.440] but it's a constitutional question about a statutory code. [01:50:32.440 --> 01:50:35.440] And what it says that they, if it's anything statutory, [01:50:35.440 --> 01:50:43.440] they must go call the, I guess, the Secretary of State or the Governor of the State [01:50:43.440 --> 01:50:45.440] or the United States, depending on what it is, [01:50:45.440 --> 01:50:49.440] and then they must get their approval whether or not it can be moved, [01:50:49.440 --> 01:50:51.440] they can move a claim. [01:50:51.440 --> 01:50:55.440] So what I did is administratively I got another ticket. [01:50:55.440 --> 01:50:59.440] I got a ticket, and I never had any tickets in my life, but I got a ticket, [01:50:59.440 --> 01:51:04.440] and this guy just, he was just, you know, he was just an officer. [01:51:04.440 --> 01:51:06.440] You're taking this ticket. [01:51:06.440 --> 01:51:08.440] So I got the ticket, I kept it for a day or two, [01:51:08.440 --> 01:51:12.440] and I sent it back to him within 72 hours. [01:51:12.440 --> 01:51:15.440] And I gave him a constitutional question on administrative process, [01:51:15.440 --> 01:51:19.440] and I gave him 20 days to answer it, and he spelled answer it. [01:51:19.440 --> 01:51:23.440] So I'm going to default him, and then there will be a notice of agreement that we have, [01:51:23.440 --> 01:51:26.440] and then I'll bring that into court. [01:51:26.440 --> 01:51:27.440] Oh, wait a minute. [01:51:27.440 --> 01:51:31.440] This is way too interesting. [01:51:31.440 --> 01:51:33.440] We're going to run out, I know we're going to run out of time. [01:51:33.440 --> 01:51:35.440] We only got seven minutes. [01:51:35.440 --> 01:51:39.440] Would it be possible for you to call back tomorrow or not? [01:51:39.440 --> 01:51:40.440] Yeah, I could call you back tomorrow. [01:51:40.440 --> 01:51:41.440] Okay. [01:51:41.440 --> 01:51:44.440] The reason I said that is so we don't have to get through all of it right now. [01:51:44.440 --> 01:51:50.440] I just, I didn't want you to be cramped and rushed, but you have definitely got my attention. [01:51:50.440 --> 01:51:54.440] Let me read rule 5.1 constitutional challenge, [01:51:54.440 --> 01:51:59.440] noticed by a party, a party that files a pleading, written motion, or other paper, [01:51:59.440 --> 01:52:04.440] drawing into question the constitutionality of a federal or state statute, [01:52:04.440 --> 01:52:07.440] must promptly file a notice of constitutional question, [01:52:07.440 --> 01:52:12.440] stating the question and identifying the paper that raises it. [01:52:12.440 --> 01:52:15.440] Hold on, I missed something in reading it. [01:52:15.440 --> 01:52:20.440] A party that files a pleading, written motion, or other paper drawing into question [01:52:20.440 --> 01:52:27.440] the constitutionality of a federal or state statute must promptly, [01:52:27.440 --> 01:52:35.440] this is the purpose, person filing the document, not the person receiving it. [01:52:35.440 --> 01:52:38.440] He must file a notice of constitutional question, [01:52:38.440 --> 01:52:46.440] stating the question and identifying the paper that raises it if the federal statute is questioned [01:52:46.440 --> 01:52:49.440] and the parties do not include the United States, [01:52:49.440 --> 01:52:53.440] one of its agencies or one of the officers' employees in an official capacity, [01:52:53.440 --> 01:52:59.440] or a state statute is questioned and the parties do not include the state, [01:52:59.440 --> 01:53:04.440] one of the agencies or one of the officers' employees in an official capacity, [01:53:04.440 --> 01:53:10.440] and serve the notice and paper on the attorney general of the United States [01:53:10.440 --> 01:53:13.440] if a federal statute is questioned on the state attorney general [01:53:13.440 --> 01:53:20.440] if a state statute is questioned either by certified mail or interest in mail, blah, blah, blah. [01:53:20.440 --> 01:53:21.440] Right. [01:53:21.440 --> 01:53:24.440] Can you explain to me what that means? [01:53:24.440 --> 01:53:29.440] I'm a little lost on two, but I believe what I'm thinking is that if they give you a ticket [01:53:29.440 --> 01:53:36.440] or somebody gives you a ticket, they must find out whether or not it's a constitutional question, [01:53:36.440 --> 01:53:39.440] whether or not they have a right to do anything to you, [01:53:39.440 --> 01:53:42.440] because they're going on the color of law and color expressions of law. [01:53:42.440 --> 01:53:46.440] They're not really doing, they're not doing any constitutionality at all. [01:53:46.440 --> 01:53:48.440] Okay, hold on, hold on, we have a problem. [01:53:48.440 --> 01:53:53.440] I think them to question it, whether or not it is, and they have a right to do that. [01:53:53.440 --> 01:53:57.440] Okay, hold on, hold on, I think we're out of context. [01:53:57.440 --> 01:54:06.440] What this says is, notice by a party, what does party mean? [01:54:06.440 --> 01:54:14.440] This goes to, they don't speak English in court, they speak legalese. [01:54:14.440 --> 01:54:22.440] If I'm right about what party means, party, since this is the rules, the federal rules of civil procedure, [01:54:22.440 --> 01:54:30.440] party refers to one of the litigants in a civil proceeding. [01:54:30.440 --> 01:54:42.440] So when you're before this officer, you're not in a civil proceeding, I wouldn't think 5.1 would apply. [01:54:42.440 --> 01:54:50.440] This is the fun part, this is the part I like to do with code, is take it apart in little pieces this way, [01:54:50.440 --> 01:54:56.440] because if we don't do it here, the prosecutor or the party on the other side is going to do it to you in court. [01:54:56.440 --> 01:55:00.440] And I've had that done to me and it sucks. [01:55:00.440 --> 01:55:09.440] So this looks like it only applies to a party in a civil litigation. [01:55:09.440 --> 01:55:13.440] I don't think we can, from reading that, I don't think we can. [01:55:13.440 --> 01:55:22.440] Here's the deal, if the officer sent a ticket out, where's the work orders from the count that said that? [01:55:22.440 --> 01:55:27.440] Oh, okay. You're a party, you're the defendant. [01:55:27.440 --> 01:55:28.440] Yeah. [01:55:28.440 --> 01:55:29.440] Okay. [01:55:29.440 --> 01:55:30.440] I understand. [01:55:30.440 --> 01:55:38.440] Good answer. So now you're the defendant, so you are a party. [01:55:38.440 --> 01:55:46.440] If you file a notice of constitutional question, then I have to read down to this, what must they do? [01:55:46.440 --> 01:55:51.440] Certification by the court, the court must under 28 U.S.C. 2403, [01:55:51.440 --> 01:56:00.440] certify to the appropriate attorney general or other state or general that a statute has been questioned. [01:56:00.440 --> 01:56:11.440] So if you raise this constitutional question, then say it's a traffic ticket. [01:56:11.440 --> 01:56:23.440] But then the municipal judge or JP must certify this to, okay, hold on, back up. [01:56:23.440 --> 01:56:27.440] This is federal rules of civil procedure. [01:56:27.440 --> 01:56:33.440] How can we import this requirement into the state? [01:56:33.440 --> 01:56:34.440] That's true. [01:56:34.440 --> 01:56:37.440] That's the only way, only if the person be maybe something like that. [01:56:37.440 --> 01:56:44.440] But the point is that is it, I filed that in the county in my suit. [01:56:44.440 --> 01:56:46.440] I filed a motion. [01:56:46.440 --> 01:56:47.440] Okay, hold on. [01:56:47.440 --> 01:56:58.440] If it is constitutional, when it says constitutional, here it means federal constitution, not state. [01:56:58.440 --> 01:56:59.440] I got it. [01:56:59.440 --> 01:57:00.440] I got it. [01:57:00.440 --> 01:57:05.440] We're acting under color law and color expressions of law. [01:57:05.440 --> 01:57:06.440] Okay, hold on. [01:57:06.440 --> 01:57:10.440] That doesn't automatically go to Fed. [01:57:10.440 --> 01:57:19.440] I know that, but it's a conflict between law and equity because where's the damaged party at? [01:57:19.440 --> 01:57:25.440] Under Texas law, you probably have this in Ohio. [01:57:25.440 --> 01:57:34.440] Texas law stipulates that when a criminal statute is violated, the state is the injured party. [01:57:34.440 --> 01:57:37.440] That's in code. [01:57:37.440 --> 01:57:41.440] Well, he told me, the officer told me that he's a damaged party. [01:57:41.440 --> 01:57:42.440] He's the society. [01:57:42.440 --> 01:57:48.440] I told him, don't tell me this term is the society, show up in court. [01:57:48.440 --> 01:57:56.440] If he's speaking in the context of a representative of the state, he may be correct. [01:57:56.440 --> 01:58:01.440] He probably doesn't have a clue that he's correct, but he might be. [01:58:01.440 --> 01:58:03.440] Well, I'll call you up tomorrow then. [01:58:03.440 --> 01:58:04.440] This is interesting. [01:58:04.440 --> 01:58:09.440] This would be a great issue to take up tomorrow. [01:58:09.440 --> 01:58:11.440] Okay, so you're in the music. [01:58:11.440 --> 01:58:13.440] We're about out of time. [01:58:13.440 --> 01:58:14.440] Thank you, Chuck. [01:58:14.440 --> 01:58:18.440] I was not feeling well today, and I suggested maybe we should put in an archive. [01:58:18.440 --> 01:58:20.440] They said, ah, we'll do okay. [01:58:20.440 --> 01:58:23.440] This has been a great show. [01:58:23.440 --> 01:58:26.440] So I'm glad we didn't put in an archive. [01:58:26.440 --> 01:58:27.440] Thank you, Chuck. [01:58:27.440 --> 01:58:29.440] Be sure to call back tomorrow night. [01:58:29.440 --> 01:58:31.440] I'm going to enjoy this. [01:58:31.440 --> 01:58:35.440] This is Randy Kelton, Deborah Stevens, Rue LaValle Radio. [01:58:35.440 --> 01:58:39.440] We'll be back tomorrow night on our four-hour info marathon. [01:58:39.440 --> 01:58:42.440] We'll be looking forward to your questions and comments. [01:58:42.440 --> 01:58:50.440] Thank you for listening, and good night. [01:58:50.440 --> 01:58:55.440] Bibles for America is offering absolutely free a unique study Bible called [01:58:55.440 --> 01:58:57.440] the New Testament Recovery Version. [01:58:57.440 --> 01:59:02.440] The New Testament Recovery Version has over 9,000 footnotes that explain what [01:59:02.440 --> 01:59:07.440] the Bible says verse by verse, helping you to know God and to know the meaning [01:59:07.440 --> 01:59:08.440] of life. [01:59:08.440 --> 01:59:11.440] Order your free copy today from Bibles for America. [01:59:11.440 --> 01:59:20.440] Call us toll free at 888-551-0102, or visit us online at bfa.org. 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