[00:00.000 --> 00:07.520]  The following news flash is brought to you by the Lone Star Lowdown.
[00:07.520 --> 00:12.680]  Markets for Monday, the 16th of May, 2016, are currently trading with gold at $1,272.20
[00:12.680 --> 00:20.640]  an ounce, silver $17.12 an ounce, Texas crude $46.21 a barrel, and Bitcoin is currently
[00:20.640 --> 00:29.360]  sitting at about 458 U.S. currency.
[00:29.360 --> 00:35.400]  Today in history, the year 1918, the Sedition Act is passed by U.S. Congress, making criticism
[00:35.400 --> 00:37.120]  of the government an imprisonable offense.
[00:37.120 --> 00:42.640]  An expansion of the Espionage Act of 1917, it bans speech and the expression of opinion
[00:42.640 --> 00:46.760]  that casts the government or the war effort in a negative light, of course, excused by
[00:46.760 --> 00:49.880]  the perceived interference with the sale of government bonds.
[00:49.880 --> 00:57.960]  The end of free speech in the U.S. during wartime, today in history.
[00:57.960 --> 01:02.480]  In recent news, a Texas openly gay church pastor, Jordan Brown, wrote a statement today
[01:02.480 --> 01:05.080]  that Whole Foods, the company, did nothing wrong.
[01:05.080 --> 01:08.840]  This is after he, back in April, had requested a cake from the all-natural organic grocery
[01:08.840 --> 01:12.880]  store with the phrase love wins on it, but then claimed that he received a cake with
[01:12.880 --> 01:14.480]  an added homophobic slur.
[01:14.480 --> 01:17.920]  Brown said in his statement today, quote, I want to apologize to Whole Foods and its
[01:17.920 --> 01:21.640]  team members for questioning the company's commitment to its values, and especially the
[01:21.640 --> 01:26.120]  Baker associate, who I understand was put in a terrible position because of my actions.
[01:26.120 --> 01:30.680]  I apologize to the LGBT community for diverting attention from real issues.
[01:30.680 --> 01:35.400]  I also want to apologize to my partner and my family, my church family, and my attorney.
[01:35.400 --> 01:38.720]  Whole Foods filed a countersuit against Brown and hasn't stated whether it would drop the
[01:38.720 --> 01:45.680]  action now that Brown has dropped his frivolous lawsuit.
[01:45.680 --> 01:50.240]  The University of Miami has detected a radioactive isotope produced by nuclear reactors in Bascay
[01:50.240 --> 01:53.560]  Bay, spiking at 200 times higher than normal level.
[01:53.560 --> 01:58.080]  At the Turkey Point nuclear power plant located just south of Miami, confirming suspicion
[01:58.080 --> 02:02.200]  that Turkey Point's aging canals are leaking into the nearby national park.
[02:02.200 --> 02:06.240]  South Miami Mayor Philip Stoddard, who is also a biological science professor at the
[02:06.240 --> 02:10.800]  Florida International University, told the Miami New Times, quote, you have to work hard
[02:10.800 --> 02:15.240]  to find the worst place to put a nuclear plant right between two national parks and subject
[02:15.240 --> 02:17.080]  to hurricanes and storm surge.
[02:17.080 --> 02:21.560]  Laura Reynolds, an environmental consultant who worked with the Tropical Auto Bond Society
[02:21.560 --> 02:25.840]  and the Southern Alliance for Clean Energy, which intends to file a lawsuit, stated that,
[02:25.840 --> 02:30.040]  quote, we know now exactly where the pollution is coming from and we have a tracer that shows
[02:30.040 --> 02:31.360]  it is in the national park.
[02:31.360 --> 02:34.720]  We are worried about the marine life there and the future of the Bascay Bay.
[02:34.720 --> 02:38.120]  This leak comes only several months after New York Governor Andrew Cuomo acknowledged
[02:38.120 --> 02:42.880]  that the state's Indian Point nuclear facility was leaking tritium into the local groundwater.
[02:42.880 --> 02:46.960]  The Indian Point nuclear power plant is located on the Hudson River, approximately 25 miles
[02:46.960 --> 02:52.360]  north of New York City, and serves the electrical needs of an estimated two million people.
[02:52.360 --> 03:22.120]  This is Rick Brody with your Lowdown for May 16th, 2016.
[03:22.120 --> 03:51.320]  Okay, howdy, howdy.
[03:51.320 --> 03:58.000]  This is Randy Kelton, Deborah Stevens of Rule of Law Radio on this Thursday, the 19th day
[03:58.000 --> 04:03.080]  of May 2016.
[04:03.080 --> 04:06.240]  And we're starting out with a caller on the board already.
[04:06.240 --> 04:08.440]  I'm turning on the call board.
[04:08.440 --> 04:15.840]  So if you have a question or a comment, give us a call, 512-646-1984.
[04:15.840 --> 04:20.080]  Okay, we're going to Gale in Missouri.
[04:20.080 --> 04:21.080]  Hello, Gale.
[04:21.080 --> 04:22.800]  What do you have for us today?
[04:22.800 --> 04:25.440]  Well, I have a question.
[04:25.440 --> 04:27.560]  I've been online.
[04:27.560 --> 04:35.280]  To preface this, I'm going to be in court in Milano, Texas, a little berg in East Texas
[04:35.280 --> 04:40.800]  of about 450 people over a traffic citation.
[04:40.800 --> 04:49.800]  And part of my game plan is to challenge subject matter jurisdiction fairly soon in the proceeding.
[04:49.800 --> 04:53.240]  And at the hearing, the prosecutor insisted she had subject matter jurisdiction.
[04:53.240 --> 04:58.160]  And I thought, okay, fine, I guess we'll talk to that about the judge or with the judge.
[04:58.160 --> 04:59.160]  But I can't...
[04:59.160 --> 05:02.560]  Okay, back up a little.
[05:02.560 --> 05:10.280]  If you will send me an email, I will send you a couple of information requests.
[05:10.280 --> 05:11.760]  I just filed these.
[05:11.760 --> 05:19.640]  They gave me a ticket in the county seat in the county where I live in and for registration
[05:19.640 --> 05:22.960]  expired registration.
[05:22.960 --> 05:29.120]  And I filed these two information requests along with the challenge subject matter jurisdiction.
[05:29.120 --> 05:34.000]  And the Beaver Police, when he called me, I know him personally.
[05:34.000 --> 05:41.560]  I could hear him doing the chicken dance on the other side of the phone.
[05:41.560 --> 05:45.720]  And if you will email me, I'll send these to you.
[05:45.720 --> 05:54.920]  And the reason I stopped you is apparently you've already made an initial appearance.
[05:54.920 --> 05:59.640]  Hold on, you're not muted.
[05:59.640 --> 06:00.640]  You're muted there.
[06:00.640 --> 06:01.640]  Okay.
[06:01.640 --> 06:02.640]  Sorry about that.
[06:02.640 --> 06:03.640]  Somehow you got muted.
[06:03.640 --> 06:04.640]  Okay.
[06:04.640 --> 06:05.640]  Well, okay.
[06:05.640 --> 06:09.720]  I had made an appearance hearing on the 13th.
[06:09.720 --> 06:13.880]  Now this little town in Milano, Texas is about a nine and a half hour drive from where I
[06:13.880 --> 06:16.560]  live in Missouri.
[06:16.560 --> 06:25.400]  And I watched Eddie's YouTube video, about a two hour video talking about toward the
[06:25.400 --> 06:33.280]  end of the regulation for insurance and then got into speeding tickets and what have you.
[06:33.280 --> 06:39.040]  And I'm starting to organize my thoughts there, but I had thought about challenging subject
[06:39.040 --> 06:41.800]  matter jurisdiction and then something in the line went dead.
[06:41.800 --> 06:50.360]  And you said email you for something and then it went, I couldn't hear anything at all.
[06:50.360 --> 07:02.640]  Send me an email to randy at ruleoflawradio.com, put in the subject line traffic ticket and
[07:02.640 --> 07:09.400]  I will send you three documents, a challenge subject matter jurisdiction and two information
[07:09.400 --> 07:11.920]  requests.
[07:11.920 --> 07:19.840]  The information requests go to the, it goes to the police department and it demands that
[07:19.840 --> 07:30.920]  they produce the, all of the training for their officers that authorize them that they
[07:30.920 --> 07:40.160]  must have in order to enforce the commercial transportation code or the Texas transportation
[07:40.160 --> 07:41.160]  code.
[07:41.160 --> 07:50.080]  Well, I gave one of these to Decatur and they know me really well in Decatur because I tend
[07:50.080 --> 07:53.600]  to beat them up a little bit there.
[07:53.600 --> 08:00.080]  So the chief of police I know personally, he knows me enough to know that I'm serious
[08:00.080 --> 08:03.120]  when I do these things.
[08:03.120 --> 08:12.160]  And so he took my requests serious and called me and tried to dance around it.
[08:12.160 --> 08:19.960]  Let me tell you, state what the, if you can lead back up, the reason I'm going here is
[08:19.960 --> 08:28.920]  before we talk to the prosecutor or anybody else, first thing we do is lay our groundwork.
[08:28.920 --> 08:37.560]  You never get to the merits until you've gotten past the due process.
[08:37.560 --> 08:41.120]  What did your ticket accuse you of?
[08:41.120 --> 08:42.120]  Speeding.
[08:42.120 --> 08:43.120]  Okay.
[08:43.120 --> 08:47.600]  That's all it said was speeding it.
[08:47.600 --> 08:52.960]  Did it not have a statute or did it just say the word speeding?
[08:52.960 --> 08:58.360]  The complaint here, just a second and the prosecutor thinks all she needs is a complaint
[08:58.360 --> 08:59.360]  letter.
[08:59.360 --> 09:05.240]  She's going to try and blow that past me or ask her specifically what part of the code
[09:05.240 --> 09:06.240]  I was accused of violating.
[09:06.240 --> 09:07.240]  She says, well, speeding.
[09:07.240 --> 09:11.640]  And I said, no, I want specifically, you know, and then she lost with that for a while and
[09:11.640 --> 09:13.280]  finally looked it up.
[09:13.280 --> 09:14.280]  Yeah.
[09:14.280 --> 09:16.560]  What does that mean?
[09:16.560 --> 09:22.480]  So where did she, the important part is where did she look it up?
[09:22.480 --> 09:23.480]  What code was it?
[09:23.480 --> 09:26.000]  It was on the transportation code.
[09:26.000 --> 09:27.000]  Okay.
[09:27.000 --> 09:39.720]  It's the first thing they have to do is establish that you fall within the statutory scheme.
[09:39.720 --> 09:46.280]  So my information request asks for evidence of authority to enforce the provisions of
[09:46.280 --> 09:54.920]  Texas traffic laws chapter 644 for all officers so authorized in the city of Decatur.
[09:54.920 --> 10:06.600]  Now 644, I gave the, the city didn't give the chief my challenge to subject matter jurisdiction.
[10:06.600 --> 10:13.720]  So I sent him a copy and the challenge subject matter jurisdiction addresses 644.
[10:13.720 --> 10:16.400]  Let me go down here and find it.
[10:16.400 --> 10:21.360]  I've got a big section on the fraud on jurisdiction.
[10:21.360 --> 10:27.080]  Prosecutor claims she had territorial jurisdiction.
[10:27.080 --> 10:28.080]  That's all she needed.
[10:28.080 --> 10:31.240]  If what I can read, that's not true.
[10:31.240 --> 10:37.000]  How did you get in front of the prosecutor?
[10:37.000 --> 10:40.320]  How did you get in front of a prosecutor?
[10:40.320 --> 10:41.960]  At the hearing.
[10:41.960 --> 10:44.600]  At what hearing?
[10:44.600 --> 10:48.920]  I had a pretrial hearing in Milano on July 13th.
[10:48.920 --> 10:51.720]  A pretrial hearing.
[10:51.720 --> 10:56.440]  What was the stated purpose of the hearing?
[10:56.440 --> 11:01.520]  Corpus, define that.
[11:01.520 --> 11:03.000]  I'm not a lawyer.
[11:03.000 --> 11:04.000]  Okay.
[11:04.000 --> 11:05.000]  No.
[11:05.000 --> 11:07.600]  What was the stated purpose of the hearing?
[11:07.600 --> 11:08.600]  Oh, purpose.
[11:08.600 --> 11:09.600]  Yeah.
[11:09.600 --> 11:14.680]  A pretrial hearing date, May 13th, it didn't say cause the schedule of pretrial hearing
[11:14.680 --> 11:15.680]  in Milano.
[11:15.680 --> 11:24.320]  Okay, when you came to the court, did the judge convene a hearing?
[11:24.320 --> 11:25.320]  Yes.
[11:25.320 --> 11:30.440]  And then he walked out of the room and let me and the prosecutor try to hash it out.
[11:30.440 --> 11:31.440]  Okay.
[11:31.440 --> 11:32.440]  Here's the deal.
[11:32.440 --> 11:37.240]  They just sent me a notice to appear.
[11:37.240 --> 11:42.560]  And it doesn't say why I have no list to appear.
[11:42.560 --> 11:49.320]  So I'll be going down there and saying, gee willikers guys, what in the heck am I doing
[11:49.320 --> 11:50.320]  here?
[11:50.320 --> 11:54.080]  And he's going to try to tell me why I'm there.
[11:54.080 --> 11:57.680]  Now here's the problem.
[11:57.680 --> 12:06.960]  When you signed the citation, you agreed to appear at the court, but you didn't agree
[12:06.960 --> 12:15.560]  to just willy nilly agree to come down to the court just for the heck of it.
[12:15.560 --> 12:24.140]  The only way that a police officer who writes a citation under the Texas transportation
[12:24.140 --> 12:33.480]  code can release you on your own recognizance is if you sign a promise to appear and under
[12:33.480 --> 12:44.480]  543.006 Texas transportation code, that promise to appear is as follows 543.006 time and place
[12:44.480 --> 12:45.480]  of appearance.
[12:45.480 --> 12:50.780]  The time specified in the notice to appear must be at least 10 days after the date of
[12:50.780 --> 12:54.640]  arrest unless the person arrested demands an earlier hearing.
[12:54.640 --> 13:02.920]  The place specified in the notice to appear must be before a magistrate having jurisdiction
[13:02.920 --> 13:08.760]  of the offense who is in the municipality or county in which the offense is alleged
[13:08.760 --> 13:11.760]  to have been committed.
[13:11.760 --> 13:20.240]  You are required to appear before a magistrate, not a judge.
[13:20.240 --> 13:26.320]  Well, his name is Chip Dunsmore, Judge.
[13:26.320 --> 13:36.120]  Okay, he is a judge, but you're not appearing before him in his capacity as a judge.
[13:36.120 --> 13:41.720]  You're appearing before him in his capacity as a magistrate for the purpose of an examining
[13:41.720 --> 13:42.720]  trial.
[13:42.720 --> 13:49.320]  The Chapter 16 Code of Criminal Procedure is a whole chapter on that issue.
[13:49.320 --> 13:56.240]  So that's what you agreed to and that's all you agreed to.
[13:56.240 --> 14:03.280]  So when they bring you, when you go to court and the judge convenes a hearing and turns
[14:03.280 --> 14:08.520]  you over to the prosecutor, what kind of hearing is that?
[14:08.520 --> 14:13.760]  Well, I had a big question about that, but since I'm not a lawyer, I didn't know.
[14:13.760 --> 14:18.000]  Okay, let me help you out with that.
[14:18.000 --> 14:26.720]  It's an illegal hearing because the only thing that a municipal court can summon you to court
[14:26.720 --> 14:31.880]  for is an examining trial, so far as I can tell.
[14:31.880 --> 14:41.040]  What they call that hearing is an arraignment and an arraignment is a hearing for the purpose
[14:41.040 --> 14:48.120]  of determining the identity of the accused and setting up and taking a plea.
[14:48.120 --> 14:55.160]  Here 26.02, purpose of arraignment, an arraignment takes place for the purpose of fixing his
[14:55.160 --> 14:59.240]  identity and hearing his plea.
[14:59.240 --> 15:09.040]  However, Article 26.01, Texas Code of Criminal Procedure, arraignment in all felony cases
[15:09.040 --> 15:14.440]  after indictment and all misdemeanor cases punishable by imprisonment, there shall be
[15:14.440 --> 15:21.800]  an arraignment, didn't say anything about Class C misdemeanor.
[15:21.800 --> 15:28.560]  So arraignments are restricted to offenses punishable by imprisonment.
[15:28.560 --> 15:33.800]  So what were you summoned to court for?
[15:33.800 --> 15:40.920]  It appears as though you were summoned to court to talk to the prosecutor.
[15:40.920 --> 15:46.480]  Well, I got summoned to court for that purpose.
[15:46.480 --> 15:48.200]  They call it a pretrial hearing.
[15:48.200 --> 15:51.000]  Yeah, they call it a pretrial hearing.
[15:51.000 --> 15:56.680]  The only pretrial hearing they can hold is an arraignment, because that's what they do.
[15:56.680 --> 16:00.480]  They identify you and take your plea.
[16:00.480 --> 16:01.480]  That's the pretrial.
[16:01.480 --> 16:08.280]  Otherwise, the pretrial hearings for the purpose of hearing motions, but there are no motions
[16:08.280 --> 16:09.280]  before the court.
[16:09.280 --> 16:14.600]  So the court has no reason to call a pretrial hearing.
[16:14.600 --> 16:20.240]  So what they do is they order you to come to court to meet with the prosecuting attorney.
[16:20.240 --> 16:27.040]  Well, if the prosecuting attorney, he's the attorney for the state, I'm the attorney for
[16:27.040 --> 16:28.760]  the defense.
[16:28.760 --> 16:35.040]  If he wants to have a meeting with me, he can call my office and set an appointment.
[16:35.040 --> 16:41.880]  Hang on, going to break, Randy Kelton, the ruler of our radio, our call-in number, 512-646-1984.
[16:41.880 --> 16:47.200]  Give us a call, the call boards are filling up quickly.
[16:47.200 --> 16:51.320]  If you can't get through, if we have more than four calls, you won't be able to get
[16:51.320 --> 16:52.320]  through.
[16:52.320 --> 16:55.760]  So if you're trying to call and can't get through, wait until somebody drops off and
[16:55.760 --> 16:56.760]  then call back in.
[16:56.760 --> 16:57.760]  We'll be right back.
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[20:15.760 --> 20:25.120]  Okay, we are back, ready to talk, Deborah Stevens, Rue of La Radio, and Gail, I'm going
[20:25.120 --> 20:33.080]  to this place because it comes before where you restart again, and I'm about to get up
[20:33.080 --> 20:34.960]  to it.
[20:34.960 --> 20:43.200]  When the officer has you sign the citation, there are some strictures that he must adhere
[20:43.200 --> 20:56.480]  to, and one of them is 543.006, which you must promise to appear before a magistrate.
[20:56.480 --> 21:06.800]  And if he violates one of those strictures, that goes to 543.008, a violation by an officer
[21:06.800 --> 21:17.560]  of a provision of sections 543.003 through 007 is misconduct in office, and the officer
[21:17.560 --> 21:23.720]  is subject to removal from the officer's position.
[21:23.720 --> 21:31.760]  The legislature took this really serious when they laid down these rules, and apparently
[21:31.760 --> 21:37.880]  this officer required that you appear before the trial court, and I won't go through the
[21:37.880 --> 21:43.480]  whole routine of how the trial court can only get subject matter jurisdiction after there's
[21:43.480 --> 21:50.120]  been an examining trial, as hardly any of these judges know anything about that.
[21:50.120 --> 21:57.880]  And then the judge ordered you to appear for the purpose of meeting with the prosecuting
[21:57.880 --> 22:02.960]  attorney, that's an abusive process, and that's a crime in the state of Texas.
[22:02.960 --> 22:07.920]  Well now, the document they sent me said it was a pre-trial hearing, but when I got down
[22:07.920 --> 22:14.520]  there, the judge had very little involvement, me and the prosecutor tried to hammer out
[22:14.520 --> 22:20.240]  a deal, and then make a deal, and I challenged a couple of judges.
[22:20.240 --> 22:22.760]  Okay, you're getting a lot of background noise.
[22:22.760 --> 22:29.440]  Well I've got a voice over internet protocol, so that may be a problem.
[22:29.440 --> 22:33.160]  Are you outside or something, or is your mic banging around?
[22:33.160 --> 22:35.680]  I'm inside, in my office.
[22:35.680 --> 22:38.120]  Is my Skype recording a problem?
[22:38.120 --> 22:40.120]  Okay that's better.
[22:40.120 --> 22:41.120]  Okay.
[22:41.120 --> 22:42.120]  Again?
[22:42.120 --> 22:47.600]  It might have been coming from somewhere else, okay.
[22:47.600 --> 22:52.280]  The office is not there.
[22:52.280 --> 22:58.960]  Okay, so okay, I'm going to shut up now and let you tell your part of it.
[22:58.960 --> 22:59.960]  Okay.
[22:59.960 --> 23:02.680]  My thoughts miss, I can't.
[23:02.680 --> 23:10.200]  I received a traffic citation in March in a little town of about 450 people, Ol' Milano,
[23:10.200 --> 23:11.200]  Texas.
[23:11.200 --> 23:17.760]  The officer pulled me over, this little town of 450 people had a nice big bright shiny
[23:17.760 --> 23:24.800]  new black SUV with all the whistles and bells in it, and he walked up after he wrote the
[23:24.800 --> 23:30.960]  citation with a clipboard and my driver's license on it with a pen and said, the information
[23:30.960 --> 23:33.920]  is on the citation so you can take care of it.
[23:33.920 --> 23:34.920]  That's a quote.
[23:34.920 --> 23:40.800]  So he just expected me to, since I was from Missouri, to toss up my hands, pay the fine
[23:40.800 --> 23:46.560]  and go on with life, and I'm not inclined to do that.
[23:46.560 --> 23:54.320]  So I got a document in the mail that said it was a, oh, what was it?
[23:54.320 --> 24:00.840]  Pre-trial hearing date was set for May 13th, and it gave the case number, state of Texas
[24:00.840 --> 24:03.960]  versus me, in the Minnesota court in the city of Milano.
[24:03.960 --> 24:09.760]  While I went down there, I spent 10 hours down and 10 hours back to sit there and get
[24:09.760 --> 24:18.240]  into basically an argument with the prosecutor, and the judge had motioned a couple of times
[24:18.240 --> 24:20.320]  to dismiss and he said, well, for what reason?
[24:20.320 --> 24:26.160]  I told him and he wouldn't do it, and so they set a trial date for July 8th.
[24:26.160 --> 24:31.080]  Well, what I'm trying to do is get my ducks in a row to go down there and meet with them
[24:31.080 --> 24:34.080]  and just have it thrown out the first few minutes of the trial.
[24:34.080 --> 24:38.320]  I'm not the only one that's been run through the mill on that little speed trap they've
[24:38.320 --> 24:42.920]  got out there.
[24:42.920 --> 24:47.600]  So I thought one of the first things I would do was challenge subject matter jurisdiction,
[24:47.600 --> 24:54.600]  and I was trying on the internet to find out what the elements of subject matter jurisdiction
[24:54.600 --> 24:55.600]  are.
[24:55.600 --> 24:59.880]  Well, I can find out that they cannot waive subject matter jurisdiction.
[24:59.880 --> 25:04.880]  It has to be, they have to do with three kinds of jurisdiction for the court, and this has
[25:04.880 --> 25:08.080]  to be at least one of them, and they can't waive it.
[25:08.080 --> 25:12.240]  So I thought, well, if I could find out what the elements of subject matter jurisdiction
[25:12.240 --> 25:16.760]  are when I go to challenge it, I'll know what I'm challenging.
[25:16.760 --> 25:20.600]  I just happen to be able to do that for you.
[25:20.600 --> 25:24.960]  Well, you're a small godsend here, thank you.
[25:24.960 --> 25:34.520]  I will send you this challenge to subject matter jurisdiction, and there are some things
[25:34.520 --> 25:35.760]  you might not know.
[25:35.760 --> 25:40.560]  Let me go down briefly through the case law.
[25:40.560 --> 25:44.960]  Challenge subject matter jurisdiction, the filing is timely, the instant filing is timely.
[25:44.960 --> 25:49.880]  For as a general rule, the party may not intervene after final judgment unless a judgment is
[25:49.880 --> 25:50.880]  set aside.
[25:50.880 --> 25:54.920]  Text is mutual insurance be led better.
[25:54.920 --> 25:55.920]  What is that?
[25:55.920 --> 25:56.920]  I got that wrong.
[25:56.920 --> 26:02.560]  It's supposed to say that a subject matter jurisdiction, here it is, challenge is timely.
[26:02.560 --> 26:08.160]  Subject matter jurisdiction cannot be waived, and it may be raised at any point in the proceeding.
[26:08.160 --> 26:16.000]  Alfonso V. Skatham, 251 Southwest, 3D, Southwest is federal.
[26:16.000 --> 26:20.480]  Subject matter jurisdiction cannot be waived and can be raised at any time.
[26:20.480 --> 26:30.160]  University of Texas Southwest Medical Center, V. Lautenheiser, challenge negates jurisdiction.
[26:30.160 --> 26:33.400]  Its jurisdiction is challenged.
[26:33.400 --> 26:38.080]  The court cannot proceed when it clearly appears to the court like jurisdiction.
[26:38.080 --> 26:42.920]  The court has no authority to reach merits, but rather should dismiss the action, Milo
[26:42.920 --> 26:48.080]  v. U.S. Milo v. U.S. is a seminal case.
[26:48.080 --> 26:52.840]  Most everybody that speaks to due process is familiar with Milo.
[26:52.840 --> 26:58.560]  A court generally may not rule on the merits of a case without first determining that it
[26:58.560 --> 27:05.040]  has jurisdiction over the category of claim in the suit.
[27:05.040 --> 27:07.660]  Court must prove jurisdiction.
[27:07.660 --> 27:13.280]  Subject matter jurisdiction is an essential part of the authority of a court to decide
[27:13.280 --> 27:18.680]  a case, and it is never to be presumed and cannot be waived.
[27:18.680 --> 27:23.480]  Texas Association of Business v. Texas Air Control Board.
[27:23.480 --> 27:28.160]  The reviewing court determines whether subject matter jurisdiction exists as a question of
[27:28.160 --> 27:29.480]  law.
[27:29.480 --> 27:37.080]  Subject to DeNovo review, may he review the town of Sunnyvale.
[27:37.080 --> 27:49.360]  Court presumed not to have jurisdiction, in general, of course, the party invoking subject
[27:49.360 --> 27:57.040]  matter jurisdiction bears the burden of demonstrating its existence.
[27:57.040 --> 28:02.440]  In cases removed from state court to removing defendant, has always borne the burden of
[28:02.440 --> 28:09.460]  establishing jurisdiction, including any applicable amount in controversy recovery.
[28:09.460 --> 28:14.200]  There is a presumption that a federal court lacks subject matter jurisdiction and the
[28:14.200 --> 28:21.080]  party seeking to invoke jurisdiction must affirmatively allege facts supporting it.
[28:21.080 --> 28:23.880]  And here we have a state court asserting jurisdiction.
[28:23.880 --> 28:32.840]  I've got a whole bunch of these, I probably don't need to read all of them.
[28:32.840 --> 28:37.400]  If these facts are challenged and that's going to facts, establishing jurisdiction, the burden
[28:37.400 --> 28:43.320]  is on the party claiming jurisdiction to prove that the court has jurisdiction over the subject
[28:43.320 --> 28:44.320]  matter.
[28:44.320 --> 28:47.000]  This showing must be made by preponderance of evidence.
[28:47.000 --> 28:50.920]  So this can't just be glossed over.
[28:50.920 --> 28:53.360]  Okay.
[28:53.360 --> 28:59.760]  There is no discretion to ignore the lack of jurisdiction, George V. US.
[28:59.760 --> 29:07.280]  The burden shifts to the court to prove jurisdiction and jurisdiction cannot be waived.
[29:07.280 --> 29:13.560]  Subject matter jurisdiction is an article three as well as a statutory requirement.
[29:13.560 --> 29:20.560]  It functions as a restriction on federal power and contributes to the characterization of
[29:20.560 --> 29:22.720]  the federal sovereign.
[29:22.720 --> 29:26.640]  This is not exactly, let me go to the next one.
[29:26.640 --> 29:31.760]  Singer V. States, this is not to say that a defect in jurisdiction can be avoided by
[29:31.760 --> 29:37.880]  waiver stipulation to submit to federal jurisdiction, it cannot.
[29:37.880 --> 29:38.880]  That didn't make sense.
[29:38.880 --> 29:45.000]  I will send you these once you read them, they'll make sense.
[29:45.000 --> 29:47.240]  Jurisdiction can be raised at any time.
[29:47.240 --> 29:54.600]  Jurisdiction that a court lacks subject matter jurisdiction may be raised by a party or by
[29:54.600 --> 30:01.120]  a court on its own initiative at any stage in the litigation, even after the...
[30:01.120 --> 30:07.680]  Warm cookies and milk, what a great combination, but cookies and the internet are a recipe
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[30:27.320 --> 30:32.360]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:32.360 --> 30:35.080]  Privacy, it's worth hanging on to.
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[32:02.240 --> 32:05.000]  Rule of Law Radio is proud to offer the rule of law traffic center.
[32:05.000 --> 32:08.600]  In today's America we live in an us against them society and if we the people are ever
[32:08.600 --> 32:12.760]  going to have a free society then we're going to have to stand and defend our own rights.
[32:12.760 --> 32:16.000]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.000 --> 32:19.720]  in our own private capacity and most importantly the right to due process of law.
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[32:23.880 --> 32:25.360]  our rights through due process.
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[32:29.240 --> 32:33.000]  most comprehensive teaching tool available that will help you understand what due process
[32:33.000 --> 32:35.400]  is and how to hold courts to the rule of law.
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[32:48.920 --> 32:50.800]  and other useful resource material.
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[33:24.040 --> 33:40.080]  Okay, we are back.
[33:40.080 --> 33:44.760]  Brandon Kelton, Deborah Stevens, Rule of Law Radio, there's two more of these and I'm done
[33:44.760 --> 33:45.760]  with jurisdiction.
[33:45.760 --> 33:51.840]  The universal principle as old as the law is that a proceeding of a court without jurisdiction
[33:51.840 --> 34:01.400]  are a nullity and it's a judgment therein without effect either on person or property.
[34:01.400 --> 34:06.400]  Subject matter jurisdiction is an essential part of the authority of a court to decide
[34:06.400 --> 34:13.140]  a case and it is never to be presumed and cannot be waived, Texas Association of Businesses
[34:13.140 --> 34:15.080]  versus Texas Air Control Board.
[34:15.080 --> 34:19.880]  The receiving court determines whether subject matter jurisdiction exists as a question of
[34:19.880 --> 34:23.120]  law subject to the novel, I'm sorry I read that already.
[34:23.120 --> 34:27.640]  Okay, that's the basics on what subject matter jurisdiction is about.
[34:27.640 --> 34:37.360]  Now, I didn't phrase my question well, let me rephrase it, with a valid cause of action
[34:37.360 --> 34:42.640]  there are three elements to that and they have to prove that they have got all three
[34:42.640 --> 34:47.960]  elements to have a valid cause of action and I thought well with subject matter jurisdiction
[34:47.960 --> 34:53.840]  are there three or four or two or one element that has to be met before they have subject
[34:53.840 --> 34:54.960]  matter jurisdiction?
[34:54.960 --> 34:59.240]  What causes them to have it like those three components that I mentioned?
[34:59.240 --> 35:06.360]  Well in order to have subject matter jurisdiction they must have venue jurisdiction, they must
[35:06.360 --> 35:14.000]  have general jurisdiction over the subject matter and they must have having personum
[35:14.000 --> 35:17.560]  jurisdiction, jurisdiction over the person.
[35:17.560 --> 35:25.960]  So while this court has general jurisdiction over violations of the transportation code
[35:25.960 --> 35:37.640]  within its venue, the issue that comes to the court is did the complaint, was the complaint
[35:37.640 --> 35:43.680]  sufficient to invoke the subject matter jurisdiction of the court?
[35:43.680 --> 35:51.080]  Was the plaintiff, which is the police officer, did he file a complaint sufficient to invoke
[35:51.080 --> 35:52.960]  subject matter jurisdiction?
[35:52.960 --> 36:02.880]  So the first question that must be asked is what authority does the officer have to enforce
[36:02.880 --> 36:07.120]  the code?
[36:07.120 --> 36:15.480]  It's generally presumed but the presumption is generally false, it's a lot more complex
[36:15.480 --> 36:16.480]  than you think.
[36:16.480 --> 36:27.560]  Okay we go to the Texas transportation code, who may enforce the transportation code?
[36:27.560 --> 36:34.240]  This question is answered in Texas administrative code rule 4.13 as follows, authority to enforce
[36:34.240 --> 36:40.760]  an officer of the department may stop in or detain on a highway or a port or of entry
[36:40.760 --> 36:49.600]  or a motor vehicle that is subject to Texas transportation code chapter 644.
[36:49.600 --> 36:56.920]  Now let's go down to 644.101 certification of certain peace officers, the department
[36:56.920 --> 37:03.000]  shall establish procedures including training for the certification of municipal police
[37:03.000 --> 37:07.760]  officers, sheriffs and deputy sheriffs to enforce this chapter.
[37:07.760 --> 37:14.960]  A police officer of any of the following municipalities is eligible to apply for certification under
[37:14.960 --> 37:17.600]  this section.
[37:17.600 --> 37:22.680]  Now hang on you're going to think you're in and you've stepped through the looking glass.
[37:22.680 --> 37:30.040]  A municipality with a population of 50,000 or more, a municipality with a population
[37:30.040 --> 37:36.360]  of 25,000 or more, any part of which is located in a county with a population of half a million
[37:36.360 --> 37:43.560]  or more, a municipality with a population of less than 25,000, any part of which is
[37:43.560 --> 37:50.480]  located in a county with a population of 3.3 million and that contains or is adjacent to
[37:50.480 --> 37:56.680]  an international airport, a municipality with a population of at least 34,000 that is located
[37:56.680 --> 38:03.640]  in a county that borders two or more states, a municipality any part of which is located
[38:03.640 --> 38:09.320]  in a county bordering the United Mexican states, a municipality with a population of less than
[38:09.320 --> 38:18.200]  5,000 that is located adjacent to a bay connected to the Gulf of Mexico and in a county adjacent
[38:18.200 --> 38:25.720]  to a county with a population greater than 3.3 million, a municipality located within
[38:25.720 --> 38:32.560]  25 miles of an international airport and in a county that does not contain a highway that
[38:32.560 --> 38:38.800]  is part of the national system of interstate defense highways and is adjacent to a county
[38:38.800 --> 38:42.280]  with a population greater than 3.3 million.
[38:42.280 --> 38:49.960]  The last one, a municipality with a population of less than 8,500 that is the county seat
[38:49.960 --> 38:56.240]  and contains a highway that is part of the national system of interstate and defense
[38:56.240 --> 38:57.240]  highways.
[38:57.240 --> 39:00.960]  Those are the, is that crazy or what?
[39:00.960 --> 39:06.840]  Well, they took a lot of time to think their way through this, I think.
[39:06.840 --> 39:13.280]  That's so nuts, it sounds like each one of those are designed for a specific location
[39:13.280 --> 39:21.320]  but regardless, those are the only ones in that little town of 45, 450, there's no way
[39:21.320 --> 39:24.440]  they fit within this.
[39:24.440 --> 39:33.880]  So the first thing you ask for, we go back up, certification of certain peace officers.
[39:33.880 --> 39:41.680]  You understand that in Texas we have peace officers and we have police officers.
[39:41.680 --> 39:49.360]  We have a distinction, a police officer in Texas is someone authorized to enforce the
[39:49.360 --> 39:51.680]  traffic code.
[39:51.680 --> 40:01.560]  Now all police officers are peace officers but not all peace officers are police officers.
[40:01.560 --> 40:10.280]  Well this citation doesn't say whether he is certified or not so it didn't establish
[40:10.280 --> 40:13.120]  that he had authority to enforce the code.
[40:13.120 --> 40:22.720]  So the issue here is that the complaint is insufficient on its face because it failed
[40:22.720 --> 40:26.520]  to establish the jurisdiction of the court.
[40:26.520 --> 40:32.960]  You know if you ever file a civil suit, you put in the heading and you put in a very brief
[40:32.960 --> 40:41.240]  this is what this action is about and then the very next thing is venue and jurisdiction.
[40:41.240 --> 40:45.600]  You have to establish for the court that it has venue and jurisdiction.
[40:45.600 --> 40:47.560]  So does the complaint.
[40:47.560 --> 40:50.320]  Okay, after that.
[40:50.320 --> 40:54.720]  Whether he's a police officer or a peace officer, just sign his name.
[40:54.720 --> 41:03.600]  Yes, see there's nothing in there that establishes that this officer had authority to enforce
[41:03.600 --> 41:06.280]  the Texas transportation code.
[41:06.280 --> 41:19.240]  Also the Texas transportation code is clearly for the purpose of regulating commercial traffic.
[41:19.240 --> 41:25.720]  There's nothing in the citation to establish reasonable probable cause to believe that
[41:25.720 --> 41:28.360]  you were acting in commerce.
[41:28.360 --> 41:36.280]  Were you operating a vehicle capable of carrying eight or more passengers, I'm sorry up to
[41:36.280 --> 41:43.680]  eight passengers and you were transporting passengers for hire at the time?
[41:43.680 --> 41:45.320]  No.
[41:45.320 --> 41:53.360]  Were you operating a vehicle in excess of 26,000 pounds while transporting goods for
[41:53.360 --> 41:55.360]  hire?
[41:55.360 --> 41:58.040]  No.
[41:58.040 --> 42:01.760]  You're not in transportation.
[42:01.760 --> 42:08.760]  There's nothing in the citation to establish that you fell within the authority of the
[42:08.760 --> 42:10.760]  statutory scheme.
[42:10.760 --> 42:19.640]  So these are the first places that I go and that's where the child on subject matter jurisdiction
[42:19.640 --> 42:20.640]  goes to.
[42:20.640 --> 42:24.200]  They can't get past this part.
[42:24.200 --> 42:32.220]  Even if the officer is authorized to enforce, it's not in the citation.
[42:32.220 --> 42:36.720]  So subject matter jurisdiction can't be presumed.
[42:36.720 --> 42:44.280]  It must be proven and the citation itself must establish all the elements of the crime.
[42:44.280 --> 42:48.720]  The first thing is the officer has authority to enforce.
[42:48.720 --> 42:51.320]  Second is that you fall within the statutory scheme.
[42:51.320 --> 42:53.640]  They can't get past either one of those.
[42:53.640 --> 43:01.880]  Before you ever get to the fact that the speed that the state is authorized to establish
[43:01.880 --> 43:08.120]  speed limits lines for the purpose of regulating commercial traffic.
[43:08.120 --> 43:11.160]  Yeah, I read that.
[43:11.160 --> 43:12.160]  Okay.
[43:12.160 --> 43:17.080]  Well, it appears that they are out there preying on people's ignorance and hosing quite a few
[43:17.080 --> 43:18.080]  of us.
[43:18.080 --> 43:19.080]  Okay.
[43:19.080 --> 43:24.800]  If you're willing to drive from Missouri to Texas to fight these guys, then you have
[43:24.800 --> 43:27.820]  right to be paid.
[43:27.820 --> 43:34.080]  Are you familiar with a private attorney general suit?
[43:34.080 --> 43:35.080]  Hang on.
[43:35.080 --> 43:36.080]  We're about to go to break.
[43:36.080 --> 43:38.680]  We'll pick that up on the other side.
[43:38.680 --> 43:40.920]  Randy Kelton, Debra Stevens, Rule of Law Radio.
[43:40.920 --> 43:43.920]  I call it number 512-646-1984.
[43:43.920 --> 43:46.800]  Jeff, Charles, I see you there.
[43:46.800 --> 43:47.800]  We'll get to both of you.
[43:47.800 --> 43:48.800]  We'll be right back.
[43:48.800 --> 44:03.080]  Hello.
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[45:17.960 --> 45:19.040]  should be doing.
[45:19.040 --> 45:22.920]  If you don't have a lawyer, know what you should do for yourself.
[45:22.920 --> 45:28.160]  Thousands have won with our step-by-step course, and now you can too.
[45:28.160 --> 45:34.880]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.880 --> 45:39.640]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:39.640 --> 45:43.720]  principles and practices that control our American courts.
[45:43.720 --> 45:50.720]  receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics,
[45:50.720 --> 45:57.600]  and much more. Please visit lulavlogradio.com and click on the banner or call toll-free
[45:57.600 --> 46:14.600]  866-LAW-EZ.
[46:27.600 --> 46:40.800]  Okay, we are back. Randy Kelton, Debra Stevens, Lulavlog Radio, and we have Jeff Sedgwick
[46:40.800 --> 46:49.240]  with us, our very special guest. And we're talking to Gail in Missouri. When we went
[46:49.240 --> 47:04.600]  out I was speaking to a private attorney general suit. Once you file these information requests,
[47:04.600 --> 47:12.560]  the city municipal police won't be able to answer them. So then when it's time to go
[47:12.560 --> 47:21.080]  back to court, you can establish that the municipality is unable to enforce its traffic
[47:21.080 --> 47:27.840]  code. And that brings up an issue. If they can't enforce the traffic code legally, how
[47:27.840 --> 47:34.800]  much money have they illegally collected from citizens? Now, what a private attorney general
[47:34.800 --> 47:40.480]  suit is, it's not that you're a private attorney general. There's guys running around thinking
[47:40.480 --> 47:45.920]  they can be private attorney generals, but that's patriot mythology. That's what the
[47:45.920 --> 47:56.160]  courts call a suit where the amount in controversy is so low that it's not affordable to most
[47:56.160 --> 48:05.440]  people to file an action. So an individual can file suit for himself and for all others
[48:05.440 --> 48:14.280]  similarly situated. So as a point of strategy, you might want to do a couple of information
[48:14.280 --> 48:23.680]  requests and request the report that the city is required to send to the Department of Public
[48:23.680 --> 48:33.680]  Safety showing how much funds they have collected and traffic fines they have to send a report
[48:33.680 --> 48:42.400]  every year. You ask for that report and then you send them a tort letter as in the capacity
[48:42.400 --> 48:47.920]  of a private attorney general and claim that they've illegally collected all these funds
[48:47.920 --> 48:54.880]  and you want them to pay it all back in triplicate. That good chance your case will get dismissed
[48:54.880 --> 49:07.520]  hoping you'll just go away. Gail, does that sound like fun? Well, I would just, they're,
[49:07.520 --> 49:14.240]  in my mind, nothing short of predators sitting out there. They're using their capacity as
[49:14.240 --> 49:26.040]  what appears to be public officials just to fleece us of our money. That YouTube that
[49:26.040 --> 49:31.600]  I watched of Eddie Craig was really informative when he got to that one section that said
[49:31.600 --> 49:38.600]  the traffic signs were for the regulation of commercial traffic. There was one other
[49:38.600 --> 49:44.520]  one that came before that. I can't remember it offhand, but they're out there literally
[49:44.520 --> 49:49.040]  in that one section, which you say they don't have the size of the population of municipality
[49:49.040 --> 49:55.760]  to enforce the law and they're out there running people down and issuing tickets and hoping
[49:55.760 --> 50:02.080]  they'll just pay it and go away. And they're doing that while prominently displaying a
[50:02.080 --> 50:15.960]  deadly weapon. Now you can construe an arrest as assault. He's arrested your freedom of
[50:15.960 --> 50:23.640]  movement and taken you physically into custody. So he's physically restricted your freedom
[50:23.640 --> 50:32.720]  of movement under the Texas penal code 2202. If a person commits simple assault as defined
[50:32.720 --> 50:40.320]  by 2201, offensive touching or offensive speech. And in this case, it was offensive speech
[50:40.320 --> 50:46.200]  as he made verbal threats against you. If you didn't sign the ticket, he would arrest
[50:46.200 --> 50:51.600]  you and that you couldn't leave. Okay. If a person commits simple assault while prominently
[50:51.600 --> 50:58.960]  displaying a deadly weapon, that is a second degree felony in the state of Texas. Unless
[50:58.960 --> 51:06.240]  he is a public official acting under the color or pretense of an official capacity, in which
[51:06.240 --> 51:15.320]  case it's a felony of the first degree, 22 life. Now I didn't write it. I just read
[51:15.320 --> 51:21.960]  it. There it is clear as day. Our legislature, when they allowed these officers to strap
[51:21.960 --> 51:30.800]  those pistols on intended that they strap on an incredibly serious responsibility. We
[51:30.800 --> 51:37.920]  need to hold them to that responsibility. Well, the one, the other thing that I learned
[51:37.920 --> 51:43.680]  was that the police officer, when we get ready for trial may not be able to appear. He was
[51:43.680 --> 51:49.240]  in a, he was in intensive care in Houston when I was down there on the 13th and he may
[51:49.240 --> 51:54.080]  not even be out of the hospital or in a capacity to appear in court. And I will have it dismissed
[51:54.080 --> 51:57.760]  right there, but I don't know that they will have me drive all the way down there just
[51:57.760 --> 52:03.400]  to make sure that I'm present so they dismiss it. That would be kind of nefarious to me.
[52:03.400 --> 52:10.320]  Okay. You should already file a complaint for abusive process because they required
[52:10.320 --> 52:18.040]  that you drive this distance to appear before a prosecuting attorney and to have no power
[52:18.040 --> 52:26.000]  to do that. If you want this to go away, I guess I should have backed up and asked, what
[52:26.000 --> 52:32.640]  is your intended ultimate outcome at the end of the day? What do you want to achieve by
[52:32.640 --> 52:45.600]  your defense? I would have a not guilty, but I haven't entered a plea yet. So is it your
[52:45.600 --> 52:53.680]  purpose to fix the system or to get this ticket to go away? Get it to go away. One, fix the
[52:53.680 --> 53:03.000]  system to self supportive. First, we get the ticket to go away. And what I would suggest
[53:03.000 --> 53:11.320]  is you send a tort letter to the city noticing them of an intentional tort by the court by
[53:11.320 --> 53:18.960]  abusive process and abusive process in Texas is a criminal act. And it's also a procedural
[53:18.960 --> 53:25.360]  due process violation in that they ordered you to appear in court when the court did
[53:25.360 --> 53:35.120]  not have authority to so order. So send them a tort letter noticing them that that hearing
[53:35.120 --> 53:42.200]  was improper and you had to drive 10 hours down, 10 hours back and bill them for your
[53:42.200 --> 53:50.160]  time and you're expensive and tell them, make me holy be sued. Ours are just my foot, my
[53:50.160 --> 53:57.760]  actual out of pocket expenses. Can you all your expenses, your time, everything that
[53:57.760 --> 54:07.720]  was improper. They owe you everything. It costs you to do that. Get them a tort letter,
[54:07.720 --> 54:13.760]  then get a hold of me. I'll get you these documents, file these documents. You want
[54:13.760 --> 54:22.640]  to take my document and adjust it somewhat for your situation. It's not that much adjustment.
[54:22.640 --> 54:27.880]  And then file the subject matter jurisdiction challenge, file the two information requests
[54:27.880 --> 54:37.800]  and then send them a tort letter noticing them that they committed abusive process and
[54:37.800 --> 54:47.160]  good chance they'll make this thing want to go away. Good deal. Then if you really want
[54:47.160 --> 54:59.840]  to have the fight, then sue them. But I'm wondering just how many people would fight
[54:59.840 --> 55:07.720]  out about this and decide, well, maybe it's just not worth it to do this anymore. The
[55:07.720 --> 55:13.960]  vast majority of people just pay the fines because it's not worth the trouble to do
[55:13.960 --> 55:21.080]  this. And that's why we have access to a private attorney general suits. That's exactly
[55:21.080 --> 55:26.800]  what it's for. So that's why I asked the question. And what is your intended outcome? Do you
[55:26.800 --> 55:33.480]  want to fix the system or do you want us to make this ticket go away? And frankly, there's
[55:33.480 --> 55:39.560]  nothing wrong with just making this ticket go away. If you want to pick a fight, pick
[55:39.560 --> 55:48.880]  a fight in Missouri. Pick a fight that you can actually get to and fight. But trying
[55:48.880 --> 55:57.280]  to change the system from 10 hours away, that's going to make you prohibitive. If you want
[55:57.280 --> 56:04.560]  to work on this system, it's nice when you get into a fight that you picked yourself.
[56:04.560 --> 56:13.120]  Well, they heard years ago is pick your battlefields carefully. I think that's exactly my point.
[56:13.120 --> 56:18.680]  I'm a combat veteran and I'm very well aware. You don't get into a fight just because it's
[56:18.680 --> 56:25.680]  there. You don't get into a fight just because you can win. Because if you win and it doesn't
[56:25.680 --> 56:30.560]  move you towards your intended outcome, you've wasted resources. If you get into a battle
[56:30.560 --> 56:35.080]  and you can't win, you can have some very serious ramifications and you may not get
[56:35.080 --> 56:43.640]  another chance. So pick them very carefully. Decide first what you want as an outcome.
[56:43.640 --> 56:48.720]  Then go for that outcome. Otherwise, you won't know when you've won.
[56:48.720 --> 57:00.080]  Good point. Is there room for me, Randy? Go ahead, Jeff. Okay. I want to back up almost
[57:00.080 --> 57:05.960]  to the beginning of the call. I want to point out to the caller, amongst other things, that
[57:05.960 --> 57:16.720]  you were spot on. Jurisdiction cannot be established without the complaint being sufficient. What
[57:16.720 --> 57:23.560]  that looks like is there must be a statement of jurisdiction within the complaint. Otherwise,
[57:23.560 --> 57:27.800]  the judge doesn't know what his jurisdiction is. If you remember, Randy, I read you one
[57:27.800 --> 57:31.240]  of my pleadings going into the federal court and one of the things that was in there was
[57:31.240 --> 57:37.400]  a jurisdictional statement where I was bringing the action under 28 U.S.C. 1331 was the federal
[57:37.400 --> 57:53.280]  issue and under 15 U.S.C. 1692, which is the FDCPA. So the jurisdiction has to be proven
[57:53.280 --> 57:59.000]  on the record and can only be done by the sufficiency of the pleadings. Otherwise, the
[57:59.000 --> 58:07.160]  court does not have jurisdiction, period. Exactly. Key words, sufficiency of the pleadings.
[58:07.160 --> 58:14.080]  Now, the other thing that you have to keep in mind here is that from my particular position
[58:14.080 --> 58:21.720]  and point of view is I don't care if you win this or not, I'm setting you up for appeal.
[58:21.720 --> 58:27.800]  And they'll know that and that will worry them. Okay. Hang on, Gale. We're about to
[58:27.800 --> 58:33.400]  go to break. Randy Kelton, Rudy Laude. Randy Kelton, David Stevens. This is Rudy Laude
[58:33.400 --> 58:39.280]  Radio here with Jeff Sedgwick. I'll call it number 512-646-1984. We have a full board,
[58:39.280 --> 58:43.320]  so we're going to finish up with Gale on the other side so we can get to Jeff, Charles,
[58:43.320 --> 58:50.440]  and Jay. We'll be right back.
[58:50.440 --> 58:55.880]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.880 --> 59:01.080]  because they struggle to understand it. Some new translations try to help by simplifying
[59:01.080 --> 59:07.560]  the text, but in the process can compromise the profound meaning of the scripture. Enter
[59:07.560 --> 59:13.760]  the recovery version. First, this new translation is extremely faithful and accurate, but the
[59:13.760 --> 59:20.100]  real story is the more than 9,000 explanatory footnotes. Difficult and profound passages
[59:20.100 --> 59:25.520]  are opened up in a marvelous way, providing an entrance into the riches of the word beyond
[59:25.520 --> 59:30.680]  which you've ever experienced before. Bibles for America would like to give you a free
[59:30.680 --> 59:36.720]  recovery version simply for the asking. This comprehensive yet compact study Bible is yours
[59:36.720 --> 59:48.080]  just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com.
[59:48.080 --> 01:00:01.400]  You're listening to the Logos Radio Network at logosradionetwork.com. The following news
[01:00:01.400 --> 01:00:10.240]  flash is brought to you by the Lone Star Lowdown. Markets for Monday, the 16th of May, 2016,
[01:00:10.240 --> 01:00:16.920]  are currently trading with gold at $1,272.20 an ounce, silver at $17.12 an ounce, Texas
[01:00:16.920 --> 01:00:29.600]  crude, $46.21 a barrel, and Bitcoin is currently sitting at about 458 U.S. currency. Today
[01:00:29.600 --> 01:00:35.600]  in history, the year 1918, the Sedition Act is passed by U.S. Congress, making criticism
[01:00:35.600 --> 01:00:40.880]  of the government an imprisonable offense. An expansion of the Espionage Act of 1917,
[01:00:40.880 --> 01:00:45.040]  it banned speech and the expression of opinion that cast the government or the war effort
[01:00:45.040 --> 01:00:48.880]  in a negative light, of course, excused by the perceived interference with the sale of
[01:00:48.880 --> 01:00:58.200]  government bonds. The end of free speech in the U.S. during wartime, today in history.
[01:00:58.200 --> 01:01:02.680]  In recent news, a Texas openly gay church pastor, Jordan Brown, wrote a statement today
[01:01:02.680 --> 01:01:06.720]  that Whole Foods, the company, did nothing wrong. This is after he back in April had
[01:01:06.720 --> 01:01:10.720]  requested a cake from the all-natural organic grocery store with the phrase love wins on
[01:01:10.720 --> 01:01:15.080]  it, but then claimed that he received a cake with an added homophobic slur. Brown said
[01:01:15.080 --> 01:01:19.440]  in his statement today, quote, I want to apologize to Whole Foods and its team members for questioning
[01:01:19.440 --> 01:01:23.400]  the company's commitment to its values, and especially the Baker associate, who I understand
[01:01:23.400 --> 01:01:29.000]  was put in a terrible position because of my actions. I apologize to the LGBT community
[01:01:29.000 --> 01:01:33.000]  for diverting attention from real issues. I also want to apologize to my partner, my
[01:01:33.000 --> 01:01:37.400]  family, my church family, and my attorney. Whole Foods filed a countersuit against Brown
[01:01:37.400 --> 01:01:41.080]  and hasn't stated whether it would drop the action now that Brown has dropped his frivolous
[01:01:41.080 --> 01:01:49.400]  lawsuit. The University of Miami has detected a radioactive isotope produced by nuclear
[01:01:49.400 --> 01:01:54.520]  reactors in Basquiat Bay, spiking at 200 times higher than normal level at the Turkey Point
[01:01:54.520 --> 01:01:59.160]  Nuclear Power Plant located just south of Miami, confirming suspicion that Turkey Point's
[01:01:59.160 --> 01:02:04.400]  aging canals are leaking into the nearby national park. South Miami Mayor Philip Stoddard, who
[01:02:04.400 --> 01:02:08.320]  is also a biological science professor at the Florida International University, told
[01:02:08.320 --> 01:02:12.320]  the Miami New Times, quote, you would have to work hard to find the worst place to put
[01:02:12.320 --> 01:02:16.440]  a nuclear plant right between two national parks and subject to hurricanes and storm
[01:02:16.440 --> 01:02:21.800]  surge. Laura Reynolds, an environmental consultant who worked with the Tropical Autobahn Society
[01:02:21.800 --> 01:02:26.000]  and the Southern Alliance for Clean Energy, which intends to file a lawsuit, stated that,
[01:02:26.000 --> 01:02:29.900]  quote, we know now exactly where the pollution is coming from, and we have a tracer that
[01:02:29.900 --> 01:02:33.700]  shows it is in the national park. We are worried about the marine life there and the future
[01:02:33.700 --> 01:02:37.240]  of the Basquiat Bay. This leak comes only several months after New York Governor Andrew
[01:02:37.240 --> 01:02:41.600]  Cuomo acknowledged that the state's Indian Point Nuclear Facility was leaking tritium
[01:02:41.600 --> 01:02:45.480]  into the local groundwater. The Indian Point Nuclear Power Plant is located on the Hudson
[01:02:45.480 --> 01:02:50.720]  River, approximately 25 miles north of New York City, and serves the electrical needs
[01:02:50.720 --> 01:03:09.720]  of an estimated two million people. This is Rick Brody with your Lowdown for May 16, 2016.
[01:03:09.720 --> 01:03:24.400]  Thanks, everyone.
[01:03:39.720 --> 01:03:42.720]  I was raised in a chamber of words
[01:03:42.720 --> 01:03:44.720]  Chamber of words
[01:03:44.720 --> 01:03:47.720]  And none of them will me chant for me
[01:03:47.720 --> 01:03:51.720]  Say all mine was created equally
[01:03:51.720 --> 01:03:54.720]  Chant on Babylon and do it daily
[01:03:54.720 --> 01:03:58.720]  And when night come breath everybody
[01:03:58.720 --> 01:04:01.720]  So one by one me have to chant them on
[01:04:01.720 --> 01:04:05.720]  Me chant on Babylon because Babylon is wrong
[01:04:05.720 --> 01:04:08.720]  The only right man me say is the rest come on
[01:04:08.720 --> 01:04:12.720]  We take me say Lord man devout young man
[01:04:12.720 --> 01:04:15.720]  To chant on Babylon now not later
[01:04:15.720 --> 01:04:19.720]  To let Babylon now say we get engraved
[01:04:19.720 --> 01:04:22.720]  We bite the donkey me say choose me
[01:04:22.720 --> 01:04:26.720]  Say Jesus Christ shall rescue me
[01:04:26.720 --> 01:04:28.720]  Okay we are back
[01:04:28.720 --> 01:04:30.720]  I'm Andy Kelton, David Stevens, Rue of our radio
[01:04:30.720 --> 01:04:32.720]  Here with Jeff Cedric
[01:04:32.720 --> 01:04:35.720]  And we're talking to Gail in Missouri
[01:04:35.720 --> 01:04:37.720]  So Gail
[01:04:37.720 --> 01:04:39.720]  Are you there?
[01:04:39.720 --> 01:04:40.720]  Yeah I am
[01:04:40.720 --> 01:04:41.720]  Okay
[01:04:41.720 --> 01:04:44.720]  What I said to you about not caring if you win or lose
[01:04:44.720 --> 01:04:46.720]  Is setting you up for appeal
[01:04:46.720 --> 01:04:48.720]  That's not intended to sound harsh
[01:04:48.720 --> 01:04:52.720]  It's just that everything that I do is basically set
[01:04:52.720 --> 01:04:55.720]  Set the record for appeal
[01:04:55.720 --> 01:04:58.720]  So that if you do lose you have legs from which to stand on
[01:04:58.720 --> 01:05:00.720]  And you can march into appeals court
[01:05:00.720 --> 01:05:03.720]  It's not a personal swipe at you
[01:05:03.720 --> 01:05:07.720]  Do you listen to our show regularly?
[01:05:07.720 --> 01:05:11.720]  Well no I just found out about you a couple of days ago
[01:05:11.720 --> 01:05:15.720]  Okay then here's what Jeff is referring to
[01:05:15.720 --> 01:05:19.720]  One of our rules that the thing you need to understand
[01:05:19.720 --> 01:05:24.720]  Is you never expect to win your case in the trial court
[01:05:24.720 --> 01:05:30.720]  Your only purpose in the trial court is to set the record for appeal
[01:05:30.720 --> 01:05:34.720]  And when the other side realizes what you're doing
[01:05:34.720 --> 01:05:37.720]  Especially in a traffic court
[01:05:37.720 --> 01:05:40.720]  When they realize you're just setting them up for appeal
[01:05:40.720 --> 01:05:43.720]  They're going to want your case to go away
[01:05:43.720 --> 01:05:45.720]  Because they don't want it to go to appeal
[01:05:45.720 --> 01:05:47.720]  And it changes the way you deal with them
[01:05:47.720 --> 01:05:53.720]  Your only purpose there is to get the facts and the law on the record
[01:05:53.720 --> 01:05:57.720]  What the court rules you don't care
[01:05:57.720 --> 01:05:59.720]  All this goes to the next court anyway
[01:05:59.720 --> 01:06:02.720]  Does that make sense Jeff Gale?
[01:06:02.720 --> 01:06:05.720]  Yeah it does but they don't record anything there
[01:06:05.720 --> 01:06:07.720]  It don't matter
[01:06:07.720 --> 01:06:11.720]  You file documents on the record that's what counts
[01:06:11.720 --> 01:06:17.720]  And the trick is you take two recorders with you
[01:06:17.720 --> 01:06:21.720]  One of them you show them one of them you don't
[01:06:21.720 --> 01:06:24.720]  And they'll ask you to turn off the one you show them
[01:06:24.720 --> 01:06:26.720]  We had a guy out of New York
[01:06:26.720 --> 01:06:31.720]  Play us this recording from the second recorder
[01:06:31.720 --> 01:06:38.720]  Recording the cops trying to figure out how to erase the first recording
[01:06:38.720 --> 01:06:42.720]  Now that was a hoot
[01:06:42.720 --> 01:06:44.720]  But if you do record it
[01:06:44.720 --> 01:06:46.720]  Never tell them you recorded it
[01:06:46.720 --> 01:06:49.720]  Just take your recording and turn it into a transcript
[01:06:49.720 --> 01:06:52.720]  The only time you tell them you recorded it
[01:06:52.720 --> 01:06:55.720]  Is if they ask you how you know the transcript is accurate
[01:06:55.720 --> 01:07:01.720]  And then you can tell them you transcribed it from the recording
[01:07:01.720 --> 01:07:03.720]  Okay
[01:07:03.720 --> 01:07:06.720]  I have one other thing for you Gale
[01:07:06.720 --> 01:07:12.720]  You really do need to go find out if this particular officer who wrote the ticket
[01:07:12.720 --> 01:07:18.720]  Was police or peace officer or police
[01:07:18.720 --> 01:07:23.720]  Because if he was peace officer and he has no authority in which to write the ticket
[01:07:23.720 --> 01:07:27.720]  Then the citation is void on his face
[01:07:27.720 --> 01:07:34.720]  And you want to move for dismissal because the citation is void on his face
[01:07:34.720 --> 01:07:39.720]  That the officer lacked jurisdiction in which to write the citation
[01:07:39.720 --> 01:07:41.720]  Again that sets it up for appeal
[01:07:41.720 --> 01:07:43.720]  It's also a denial of due process
[01:07:43.720 --> 01:07:52.720]  It's a false and misleading document that's intended to lead the court to render an unjust decision
[01:07:52.720 --> 01:07:54.720]  Okay
[01:07:54.720 --> 01:08:01.720]  And that's precisely what these two information requests I'll send you go to
[01:08:01.720 --> 01:08:03.720]  Okay
[01:08:03.720 --> 01:08:10.720]  They will get the police department to admit that they don't have authority to enforce
[01:08:10.720 --> 01:08:12.720]  Alright
[01:08:12.720 --> 01:08:14.720]  Okay
[01:08:14.720 --> 01:08:16.720]  Thank you for your time I appreciate it
[01:08:16.720 --> 01:08:20.720]  Already keep us up to speed on what happens
[01:08:20.720 --> 01:08:22.720]  Can do thank you very much
[01:08:22.720 --> 01:08:24.720]  Okay thank you Gale
[01:08:24.720 --> 01:08:28.720]  Okay now we're going to go to Jeff in Mississippi
[01:08:28.720 --> 01:08:30.720]  Hello Mr. Jeff
[01:08:30.720 --> 01:08:33.720]  And Jeff Cedric you may want to listen to this
[01:08:33.720 --> 01:08:37.720]  You may have some input
[01:08:37.720 --> 01:08:38.720]  Okay
[01:08:38.720 --> 01:08:41.720]  Jeff Mississippi you there
[01:08:41.720 --> 01:08:48.720]  And I've got a few couple of questions about motions and motion hearings
[01:08:48.720 --> 01:08:54.720]  I've been reading through my rules of federal rules of civil procedure
[01:08:54.720 --> 01:08:58.720]  I've got a couple of Title 42s going on
[01:08:58.720 --> 01:09:06.720]  And in one set of local rules I filed motions and I looked up to see if I need to have a hearing
[01:09:06.720 --> 01:09:12.720]  And it says that hearings are not required that the court will rule on the motion without a hearing
[01:09:12.720 --> 01:09:16.720]  Unless the party requests one
[01:09:16.720 --> 01:09:20.720]  So I'm fine with that I just wanted to get your insight on that
[01:09:20.720 --> 01:09:26.720]  Is it worth having a hearing or is it okay just to let the judge rule on it?
[01:09:26.720 --> 01:09:31.720]  I never want to go to a hearing
[01:09:31.720 --> 01:09:32.720]  Got it
[01:09:32.720 --> 01:09:38.720]  If you're a pro se you are always at a disadvantage
[01:09:38.720 --> 01:09:42.720]  You can spend time preparing your pleadings
[01:09:42.720 --> 01:09:46.720]  And you don't have to worry about getting bushwhacked in court
[01:09:46.720 --> 01:09:53.720]  So I always file a request that all motions be ruled
[01:09:53.720 --> 01:10:00.720]  That all rulings be made on the pleadings and I object to any oral argument
[01:10:00.720 --> 01:10:05.720]  Okay my next question and that's great
[01:10:05.720 --> 01:10:10.720]  Is on these motions I have filed several motions
[01:10:10.720 --> 01:10:18.720]  And I have noticed that the council will immediately file a motion responding to my motion
[01:10:18.720 --> 01:10:22.720]  Even if it's a silly motion even if they're just playing pancake
[01:10:22.720 --> 01:10:25.720]  They're getting that in real quick
[01:10:25.720 --> 01:10:30.720]  And so I looked in on the federal rules of civil procedure
[01:10:30.720 --> 01:10:37.720]  And it says that any non-dispositive motions
[01:10:37.720 --> 01:10:42.720]  That are not responded to will be treated as if they're waived
[01:10:42.720 --> 01:10:47.720]  You know in other words the other side will win
[01:10:47.720 --> 01:10:54.720]  In my case I don't know exactly what the difference is between a dispositive motion and a non-dispositive motion
[01:10:54.720 --> 01:10:56.720]  And it doesn't say anything else
[01:10:56.720 --> 01:11:01.720]  Okay a dispositive motion will dispose of the case
[01:11:01.720 --> 01:11:03.720]  Okay got it
[01:11:03.720 --> 01:11:08.720]  We're some part of it
[01:11:08.720 --> 01:11:11.720]  Such as a motion to eliminate
[01:11:11.720 --> 01:11:14.720]  A motion to eliminate is a dispositive motion
[01:11:14.720 --> 01:11:16.720]  Alright
[01:11:16.720 --> 01:11:18.720]  Wait a minute a motion to eliminate
[01:11:18.720 --> 01:11:21.720]  Yes you're disposing of their evidence
[01:11:21.720 --> 01:11:24.720]  Oh okay okay
[01:11:24.720 --> 01:11:28.720]  That makes sense so for those of you who don't know what a motion to eliminate is
[01:11:28.720 --> 01:11:33.720]  It's a motion for what questions they can't ask what evidence they can't produce
[01:11:33.720 --> 01:11:37.720]  That they can't enter
[01:11:37.720 --> 01:11:38.720]  Okay
[01:11:38.720 --> 01:11:41.720]  Yeah I have a question for you
[01:11:41.720 --> 01:11:44.720]  How long is your motion
[01:11:44.720 --> 01:11:49.720]  How many pages is your motion
[01:11:49.720 --> 01:11:52.720]  Oh boy I don't have it in front of me
[01:11:52.720 --> 01:11:55.720]  I'm going to guess about 12 pages
[01:11:55.720 --> 01:12:00.720]  Okay how long is your memorandum of law
[01:12:00.720 --> 01:12:03.720]  Now I did not write a brief
[01:12:03.720 --> 01:12:09.720]  Okay your motion stands a good chance of failing
[01:12:09.720 --> 01:12:12.720]  Your motion should be about one page
[01:12:12.720 --> 01:12:15.720]  Your pleading is in your memorandum of law
[01:12:15.720 --> 01:12:17.720]  Okay
[01:12:17.720 --> 01:12:22.720]  And then you back that up with an affidavit unless it's a motion to dismiss
[01:12:22.720 --> 01:12:25.720]  Again Jeff we've spoken on this before
[01:12:25.720 --> 01:12:27.720]  Got to read the rules
[01:12:27.720 --> 01:12:35.720]  I just did and the rules that I read said a brief is not needed for the motion that I was attempting to write
[01:12:35.720 --> 01:12:37.720]  Which is motion is what
[01:12:37.720 --> 01:12:42.720]  Well I think it would take too long for me to go through
[01:12:42.720 --> 01:12:48.720]  It can be said in less than a sentence what kind of motion did you write
[01:12:48.720 --> 01:12:51.720]  I wrote a motion for sanctions
[01:12:51.720 --> 01:13:01.720]  And did you put the fact that you were going to get sanctions or ask for sanctions in front of the other side
[01:13:01.720 --> 01:13:04.720]  Before you filed your motion for sanctions
[01:13:04.720 --> 01:13:09.720]  Oh did I tell them that I was going to notice them that I was going to go for sanctions
[01:13:09.720 --> 01:13:10.720]  Yes
[01:13:10.720 --> 01:13:12.720]  No I did not
[01:13:12.720 --> 01:13:14.720]  That's a violation of the rules
[01:13:14.720 --> 01:13:15.720]  Okay
[01:13:15.720 --> 01:13:21.720]  You have to give them 21 days to correct their error before you file your motion for sanctions
[01:13:21.720 --> 01:13:28.720]  Well what I did was I filed an amended complaint that addressed their mistakes
[01:13:28.720 --> 01:13:31.720]  Could that be labeled as a notice
[01:13:31.720 --> 01:13:33.720]  No
[01:13:33.720 --> 01:13:34.720]  Okay
[01:13:34.720 --> 01:13:37.720]  Yeah if
[01:13:37.720 --> 01:13:42.720]  Why did you file the amended motion the amended complaint
[01:13:42.720 --> 01:13:43.720]  That's been about
[01:13:43.720 --> 01:13:45.720]  No why why
[01:13:45.720 --> 01:13:56.720]  Oh why because when they filed their 12b6 they actually gave me some information that I needed to add to my complaint
[01:13:56.720 --> 01:14:03.720]  So I amended it but then I also jumped on the fact that they made some screw ups and I brought a shift light on that
[01:14:03.720 --> 01:14:06.720]  I thought that was my notice so then
[01:14:06.720 --> 01:14:09.720]  Nope nope I thought you noticed
[01:14:09.720 --> 01:14:13.720]  Okay so I need to notice these
[01:14:13.720 --> 01:14:18.720]  So my motion for sanction is pretty much kaput I need to
[01:14:18.720 --> 01:14:24.720]  Well we'll see just how much slack the judge is going to cut you on that
[01:14:24.720 --> 01:14:31.720]  It could be that he will nail you to the wall because proceeds are supposed to be given a wide latitude on their pleadings
[01:14:31.720 --> 01:14:37.720]  But it does not say anything about a wide latitude on the rules
[01:14:37.720 --> 01:14:48.720]  Well I could start over and send a notice and the attorney will fail to comply and then I could start over and write another motion for sanctions and I could do that
[01:14:48.720 --> 01:14:53.720]  Well before you do that you're going to have to withdraw your current motion
[01:14:53.720 --> 01:14:55.720]  I have to withdraw my current motion okay
[01:14:55.720 --> 01:14:58.720]  Right okay
[01:14:58.720 --> 01:15:02.720]  And motion for sanctions
[01:15:02.720 --> 01:15:08.720]  Yeah you can do that you can withdraw your current motion give them notice and then resubmit
[01:15:08.720 --> 01:15:19.720]  And do not use error ever use mistake
[01:15:19.720 --> 01:15:21.720]  Legal difference
[01:15:21.720 --> 01:15:22.720]  Say that again
[01:15:22.720 --> 01:15:28.720]  Big difference you were pro se you made a mistake forgive me forgive me
[01:15:28.720 --> 01:15:34.720]  If you made an error too bad Sonny
[01:15:34.720 --> 01:15:37.720]  Okay say that again I was talking I'm sorry
[01:15:37.720 --> 01:15:54.720]  Oh okay when you need to correct something a mistake that you made you use the word mistake you do not use the word error
[01:15:54.720 --> 01:15:55.720]  Got it
[01:15:55.720 --> 01:16:03.720]  Okay because you know you can be forgiven for a mistake and error they'll nail you
[01:16:03.720 --> 01:16:05.720]  Okay got it
[01:16:05.720 --> 01:16:22.720]  Okay but you need you need to withdraw that motion for sanctions and you can basically can probably resubmit the same identical document but you have to give them notice and opportunity to cure before you file your motion
[01:16:22.720 --> 01:16:25.720]  How do you remove the first motion
[01:16:25.720 --> 01:16:28.720]  You file a motion to withdraw
[01:16:28.720 --> 01:16:31.720]  Motion to withdraw my motion for sanctions
[01:16:31.720 --> 01:16:32.720]  Right
[01:16:32.720 --> 01:16:34.720]  Okay
[01:16:34.720 --> 01:16:47.720]  You know that you had made a mistake you had misinterpreted the rules and you had made a mistake and asked the court for its forgiveness and allowed the motion for sanction to be withdrawn
[01:16:47.720 --> 01:16:49.720]  Okay
[01:16:49.720 --> 01:16:52.720]  So that's just that simple
[01:16:52.720 --> 01:17:20.720]  Hang on hang on about going to break Randy Kelton Debra Stevens Rebrawl Radio will be right back
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[01:19:57.720 --> 01:19:59.720]  Okay, we are back.
[01:19:59.720 --> 01:20:05.720]  Randy Kelton, Deborah Stevens, Wheel of Our Radio, here with our special guest, Mr. Jeff Sedgwick
[01:20:05.720 --> 01:20:07.720]  And we're talking to Jeff in Mississippi.
[01:20:07.720 --> 01:20:09.720]  Go ahead, Jeff in Mississippi.
[01:20:09.720 --> 01:20:13.720]  Okay, second question and one that I've already asked
[01:20:13.720 --> 01:20:17.720]  But I want to go back over that again
[01:20:17.720 --> 01:20:25.720]  And that is the motion I've got probably well over 200 motions that have been sent to me
[01:20:25.720 --> 01:20:33.720]  That my other attorneys or the opposition submitted to the court and then I got copies
[01:20:33.720 --> 01:20:36.720]  And not one of them have a brief or an affidavit
[01:20:36.720 --> 01:20:44.720]  They just have that simple structure of attorney Bob Smith is requesting a glass of water
[01:20:44.720 --> 01:20:47.720]  The facts are number one, Bob Smith is thirsty
[01:20:47.720 --> 01:20:49.720]  Number two, the court has a water fountain
[01:20:49.720 --> 01:20:53.720]  Number three, Bob Smith can't speak without water
[01:20:53.720 --> 01:20:58.720]  Therefore, premises considered, the Bob Smith respectfully moves this court for a glass of water
[01:20:58.720 --> 01:21:00.720]  And then boom, they sign it, that's it
[01:21:00.720 --> 01:21:04.720]  There's no affidavit, there's no brief or nothing
[01:21:04.720 --> 01:21:05.720]  So I'm...
[01:21:05.720 --> 01:21:07.720]  Is this state or federal?
[01:21:07.720 --> 01:21:09.720]  Huh?
[01:21:09.720 --> 01:21:10.720]  Is this state court or federal?
[01:21:10.720 --> 01:21:12.720]  You know what, that's all state
[01:21:12.720 --> 01:21:15.720]  Different set of rules
[01:21:15.720 --> 01:21:24.720]  Okay, so federal would be the actual caption part would only be one page
[01:21:24.720 --> 01:21:29.720]  The brief would go into why Bob Smith needs a glass of water and then he needs more
[01:21:29.720 --> 01:21:30.720]  That is an affidavit
[01:21:30.720 --> 01:21:32.720]  And you can satisfy...
[01:21:32.720 --> 01:21:37.720]  If you can find a copy of O'Connor's pleading
[01:21:37.720 --> 01:21:38.720]  Civil trial
[01:21:38.720 --> 01:21:40.720]  Civil trial, yeah
[01:21:40.720 --> 01:21:43.720]  It will show you that
[01:21:43.720 --> 01:21:44.720]  Okay
[01:21:44.720 --> 01:21:48.720]  It will provide you with the actual motion that you can fill in the blanks
[01:21:48.720 --> 01:21:52.720]  It will provide you with the memorandum of law that you can fill in the blanks
[01:21:52.720 --> 01:21:55.720]  It will provide you with the affidavit that you can fill in the blanks with
[01:21:55.720 --> 01:21:58.720]  An affidavit is warranted
[01:21:58.720 --> 01:22:04.720]  Okay, my last question is back to the response for motions
[01:22:04.720 --> 01:22:05.720]  Every...
[01:22:05.720 --> 01:22:07.720]  I've even got the rules up right now
[01:22:07.720 --> 01:22:12.720]  And it says that non-dispositive motions about responding and stuff
[01:22:12.720 --> 01:22:17.720]  That the court will decide for the person that has written the motion
[01:22:17.720 --> 01:22:22.720]  However, I don't have a court order wanting me to respond to a motion
[01:22:22.720 --> 01:22:28.720]  I don't want to lose my case over something silly because I didn't respond to a silly motion that...
[01:22:28.720 --> 01:22:33.720]  All right, let's fall back and drop the opinions
[01:22:33.720 --> 01:22:36.720]  State court or federal?
[01:22:36.720 --> 01:22:37.720]  Federal
[01:22:37.720 --> 01:22:40.720]  And what was the motion?
[01:22:40.720 --> 01:22:43.720]  12B6 and I responded to that
[01:22:43.720 --> 01:22:49.720]  Okay, and with 12B6 you can respond with an amended complaint under rule 15
[01:22:49.720 --> 01:22:50.720]  Okay, next
[01:22:50.720 --> 01:22:52.720]  And I did
[01:22:52.720 --> 01:22:58.720]  Next was a response to my motion for sanctions
[01:22:58.720 --> 01:23:01.720]  They filed an answer to that, did they?
[01:23:01.720 --> 01:23:03.720]  Yes
[01:23:03.720 --> 01:23:09.720]  And they obviously did not want that, right?
[01:23:09.720 --> 01:23:10.720]  No
[01:23:10.720 --> 01:23:18.720]  Did they raise the issue of lack of notice under the rules?
[01:23:18.720 --> 01:23:22.720]  I don't know, I've got that in a folder
[01:23:22.720 --> 01:23:27.720]  It would take me too long to find that out, but I'll hunt that and tell you next time
[01:23:27.720 --> 01:23:32.720]  Okay, if they've already answered the motion for sanctions
[01:23:32.720 --> 01:23:36.720]  I wouldn't waste my time asking to withdraw it
[01:23:36.720 --> 01:23:37.720]  Got it
[01:23:37.720 --> 01:23:42.720]  You can do that before they answer, but once they've answered
[01:23:42.720 --> 01:23:48.720]  Judge is not going to be happy about you trying to withdraw it
[01:23:48.720 --> 01:23:54.720]  Or you can withdraw it, but he won't let you refile it
[01:23:54.720 --> 01:23:56.720]  Right
[01:23:56.720 --> 01:24:01.720]  Okay, that's good to know, so my motion is live, it's active
[01:24:01.720 --> 01:24:09.720]  We don't know that because you don't know if they filed an objection to you not giving them notice
[01:24:09.720 --> 01:24:12.720]  Okay, got it, okay
[01:24:12.720 --> 01:24:15.720]  If they didn't object to it, then they waived it
[01:24:15.720 --> 01:24:20.720]  If they did
[01:24:20.720 --> 01:24:25.720]  If they did, then after the judge rules, can I then file it again?
[01:24:25.720 --> 01:24:27.720]  No
[01:24:27.720 --> 01:24:31.720]  Okay, I just blew it, I'll learn that lesson
[01:24:31.720 --> 01:24:33.720]  And what's the lesson?
[01:24:33.720 --> 01:24:35.720]  Not to do that again
[01:24:35.720 --> 01:24:38.720]  No, the lesson is read the rules
[01:24:38.720 --> 01:24:40.720]  Read the rules, give them notice
[01:24:40.720 --> 01:24:41.720]  Give them notice
[01:24:41.720 --> 01:24:42.720]  Okay
[01:24:42.720 --> 01:24:43.720]  Okay
[01:24:43.720 --> 01:24:44.720]  Okay
[01:24:44.720 --> 01:24:48.720]  Let me explain it to you in a slightly different way
[01:24:48.720 --> 01:24:52.720]  What protects your rights in court?
[01:24:52.720 --> 01:24:53.720]  Me
[01:24:53.720 --> 01:24:54.720]  No
[01:24:54.720 --> 01:24:56.720]  The rules
[01:24:56.720 --> 01:24:59.720]  No kidding
[01:24:59.720 --> 01:25:01.720]  Okay
[01:25:01.720 --> 01:25:05.720]  If you violate their rights, do you think the court is going to sit still for it?
[01:25:05.720 --> 01:25:07.720]  No, no
[01:25:07.720 --> 01:25:14.720]  Okay, so the rules of civil procedure and the rules of evidence
[01:25:14.720 --> 01:25:20.720]  Protect your rights and theirs
[01:25:20.720 --> 01:25:22.720]  Okay
[01:25:22.720 --> 01:25:27.720]  If you violate their rights, that's going to land on you
[01:25:27.720 --> 01:25:29.720]  Got it
[01:25:29.720 --> 01:25:34.720]  Just as if, well he's not necessarily going to do it voluntarily
[01:25:34.720 --> 01:25:37.720]  He's going to have to have something from them in order to do that
[01:25:37.720 --> 01:25:40.720]  But the same thing would occur if they violated yours
[01:25:40.720 --> 01:25:46.720]  You jump up and down and demand that they cure the problem
[01:25:46.720 --> 01:25:47.720]  Okay
[01:25:47.720 --> 01:25:51.720]  Okay, so your rights are protected in those rules
[01:25:51.720 --> 01:25:56.720]  The rules of evidence, the rules of civil procedure, and the rules of criminal procedure
[01:25:56.720 --> 01:26:00.720]  That's where your rights are protected in court
[01:26:00.720 --> 01:26:01.720]  All right
[01:26:01.720 --> 01:26:04.720]  Now you know why you need to know the rules
[01:26:04.720 --> 01:26:05.720]  Yeah
[01:26:05.720 --> 01:26:06.720]  Okay
[01:26:06.720 --> 01:26:07.720]  I'm reading them
[01:26:07.720 --> 01:26:08.720]  All right
[01:26:08.720 --> 01:26:11.720]  Okay, Randy, one last thing
[01:26:11.720 --> 01:26:17.720]  I happen to be an expert on going long distance to court cases and being sent home
[01:26:17.720 --> 01:26:21.720]  and having to drive ten hours back and forth and back and forth
[01:26:21.720 --> 01:26:25.720]  Yes, the better facts you are
[01:26:25.720 --> 01:26:26.720]  Yeah
[01:26:26.720 --> 01:26:27.720]  Yes, I am
[01:26:27.720 --> 01:26:33.720]  So your last caller, Dale from Missouri, and I'm just down here in Arkansas
[01:26:33.720 --> 01:26:41.720]  I will send you my email and if you want to, you can send Dale my email
[01:26:41.720 --> 01:26:48.720]  and I can tell him of the 30 or 40 times that I had to drive back to Mississippi and then I would get there
[01:26:48.720 --> 01:26:52.720]  and the hearing would be canceled and then they would send me back
[01:26:52.720 --> 01:26:58.720]  And that should have got an abusive process compliant
[01:26:58.720 --> 01:27:03.720]  Or I got arrested and thrown in jail for a day and then got sent home to Arkansas
[01:27:03.720 --> 01:27:05.720]  Behave yourself
[01:27:05.720 --> 01:27:12.720]  So I would be very, very happy to forward my email to Dale
[01:27:12.720 --> 01:27:19.720]  and I could just tell him some simple things that I did that cut out a lot of the driving
[01:27:19.720 --> 01:27:20.720]  That can be constructed
[01:27:20.720 --> 01:27:29.720]  One thing, I've gone to traffic trials through the mail
[01:27:29.720 --> 01:27:31.720]  That would be great
[01:27:31.720 --> 01:27:37.720]  Okay, if Gail's still listening, Gail's going to send me an email
[01:27:37.720 --> 01:27:43.720]  I will forward him your email address and have him get in contact with you
[01:27:43.720 --> 01:27:45.720]  I'll send it to you in about five or ten minutes
[01:27:45.720 --> 01:27:48.720]  All right, thanks, I'll call you next week
[01:27:48.720 --> 01:27:50.720]  Okay, thank you, Jeff
[01:27:50.720 --> 01:27:53.720]  Randy, I take it at this point, I'm going to sign off
[01:27:53.720 --> 01:27:54.720]  Okay, thank you, Jeff
[01:27:54.720 --> 01:27:56.720]  You're welcome
[01:27:56.720 --> 01:28:02.720]  Okay, now we're going to go to Charles in Georgia. Hello, Charles
[01:28:02.720 --> 01:28:04.720]  How's it going today, Randy?
[01:28:04.720 --> 01:28:08.720]  It's going good, you sound horrible
[01:28:08.720 --> 01:28:10.720]  Oh no, that's not good
[01:28:10.720 --> 01:28:16.720]  You've got a really bad connection, try moving the mic down by your chin
[01:28:16.720 --> 01:28:18.720]  Is this any better?
[01:28:18.720 --> 01:28:20.720]  Oh, much better
[01:28:20.720 --> 01:28:21.720]  Okay
[01:28:21.720 --> 01:28:25.720]  You were overloading the mic and when you do that it just kind of booms at us
[01:28:25.720 --> 01:28:27.720]  I can't understand what you're saying
[01:28:27.720 --> 01:28:30.720]  Okay, what do you have for us today?
[01:28:30.720 --> 01:28:34.720]  All right, I want to tell you about my latest episode here in Smyrna, Georgia
[01:28:34.720 --> 01:28:36.720]  With the traffic ticket
[01:28:36.720 --> 01:28:39.720]  I'm going to catch everybody up to speed really quickly
[01:28:39.720 --> 01:28:45.720]  January 20th I was pulled over by the Smyrna Police Department police officer
[01:28:45.720 --> 01:28:48.720]  For making an illegal left turn
[01:28:48.720 --> 01:28:52.720]  And during that illegal left turn, supposedly alleged illegal left turn
[01:28:52.720 --> 01:28:57.720]  I ended up going to jail because I had a Michigan license instead of a Georgia license
[01:28:57.720 --> 01:29:03.720]  The statute states that within 30 days of becoming a resident
[01:29:03.720 --> 01:29:09.720]  That you have to go get a Georgia registration and this, that, and the other
[01:29:09.720 --> 01:29:14.720]  But to this day I remain that I'm not a resident
[01:29:14.720 --> 01:29:19.720]  So we have an issue there automatically
[01:29:19.720 --> 01:29:25.720]  I'm going to fast forward because I had a court date in March
[01:29:25.720 --> 01:29:29.720]  Which I continued with and I was supposed to show up last Thursday
[01:29:29.720 --> 01:29:31.720]  Well, I forgot today, I forgot to
[01:29:31.720 --> 01:29:36.720]  Okay, wait, wait, wait, move your mic back down a little further Mr. Stevens
[01:29:36.720 --> 01:29:41.720]  So hang on, we're about to go to break
[01:29:41.720 --> 01:29:45.720]  Randy Kelton, Debra Stevens, Reuva Radio
[01:29:45.720 --> 01:29:49.720]  I call in, I won't give out the call in number, we're kind of running out of time
[01:29:49.720 --> 01:29:53.720]  I'm here, I've got a couple more callers so we're pretty full out
[01:29:53.720 --> 01:29:55.720]  We'll be right back
[01:30:01.720 --> 01:30:03.720]  Has the U.S. government ever spied on you?
[01:30:03.720 --> 01:30:05.720]  What's the government up to anyway?
[01:30:05.720 --> 01:30:09.720]  You can find out the answers to these and other questions with the power of FOIA
[01:30:09.720 --> 01:30:13.720]  I'm Dr. Catherine Albrecht and I'll be back in a moment to tell you more
[01:30:13.720 --> 01:30:15.720]  Privacy is under attack
[01:30:15.720 --> 01:30:18.720]  When you give up data about yourself, you'll never get it back again
[01:30:18.720 --> 01:30:23.720]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:30:23.720 --> 01:30:28.720]  So protect your rights, say no to surveillance and keep your information to yourself
[01:30:28.720 --> 01:30:31.720]  Privacy, it's worth hanging on to
[01:30:31.720 --> 01:30:34.720]  This public service announcement is brought to you by StartPage.com
[01:30:34.720 --> 01:30:38.720]  The private search engine alternative to Google, Yahoo and Bing
[01:30:38.720 --> 01:30:42.720]  Start over with StartPage
[01:30:42.720 --> 01:30:48.720]  The Freedom of Information Act or FOIA gives you the right to obtain records from federal agencies
[01:30:48.720 --> 01:30:51.720]  Making a FOIA request is easy and it's usually free
[01:30:51.720 --> 01:30:55.720]  Just write the agency with details about the specific information you want
[01:30:55.720 --> 01:30:59.720]  Most agencies even accept FOIA requests by email or fax
[01:30:59.720 --> 01:31:02.720]  You can request information about a wide range of government activities
[01:31:02.720 --> 01:31:07.720]  unless the information is protected by an exemption or involves classified documents
[01:31:07.720 --> 01:31:11.720]  And while the government is supposed to respond to your request within 20 working days
[01:31:11.720 --> 01:31:12.720]  don't count on it
[01:31:12.720 --> 01:31:15.720]  In my experience, most items take much longer
[01:31:15.720 --> 01:31:21.720]  For more information about the FOIA process, visit www.foia.gov
[01:31:21.720 --> 01:31:26.720]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:31:30.720 --> 01:31:35.720]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11
[01:31:35.720 --> 01:31:37.720]  The government says that FOIA brought it down
[01:31:37.720 --> 01:31:42.720]  However, 1,500 architects and engineers concluded it was a controlled demolition
[01:31:42.720 --> 01:31:45.720]  Over 6,000 of my fellow service members have given their lives
[01:31:45.720 --> 01:31:48.720]  And thousands of my fellow force responders have died
[01:31:48.720 --> 01:31:49.720]  I'm not a conspiracy theorist
[01:31:49.720 --> 01:31:50.720]  I'm a structural engineer
[01:31:50.720 --> 01:31:51.720]  I'm a New York City correction officer
[01:31:51.720 --> 01:31:52.720]  I'm an Air Force pilot
[01:31:52.720 --> 01:31:54.720]  I'm a father who lost his son
[01:31:54.720 --> 01:31:57.720]  We're Americans and we deserve the truth
[01:31:57.720 --> 01:32:00.720]  Go to RememberBuilding7.org today
[01:32:00.720 --> 01:32:02.720]  Hey, it's Danny here for Hill Country Home Improvements
[01:32:02.720 --> 01:32:05.720]  Did your home receive hail or wind damage from the recent storms?
[01:32:05.720 --> 01:32:08.720]  Come on, we all know the government caused it with their chemtrails
[01:32:08.720 --> 01:32:10.720]  But good luck getting them to pay for it
[01:32:10.720 --> 01:32:12.720]  Okay, I might be kidding about the chemtrails
[01:32:12.720 --> 01:32:13.720]  But I'm serious about your roof
[01:32:13.720 --> 01:32:15.720]  That's why you have insurance
[01:32:15.720 --> 01:32:20.720]  And Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense
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[01:32:25.720 --> 01:32:31.720]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time
[01:32:31.720 --> 01:32:37.720]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com
[01:32:37.720 --> 01:32:40.720]  Mention the crypto show and get $100 off
[01:32:40.720 --> 01:32:44.720]  And we'll donate another $100 to the Logos Radio Network to help continue this programming
[01:32:44.720 --> 01:32:49.720]  So if those out-of-town roofers come knocking, your door should be locking
[01:32:49.720 --> 01:32:55.720]  That's 512-992-8745 or hillcountryhomeimprovements.com
[01:32:55.720 --> 01:32:58.720]  Discounts are based on full roof replacement
[01:32:58.720 --> 01:33:01.720]  May not actually be kidding about chemtrails
[01:33:01.720 --> 01:33:04.720]  You are listening to the Logos Radio Network
[01:33:04.720 --> 01:33:31.720]  LogosradioNetwork.com
[01:33:34.720 --> 01:33:57.720]  LogosradioNetwork.com
[01:33:57.720 --> 01:34:01.720]  Okay, we are back, Randy Kelton, Debra Stevens with our radio
[01:34:01.720 --> 01:34:04.720]  We're talking to Charles in Georgia
[01:34:04.720 --> 01:34:06.720]  Okay, Charles, we do need to move quickly
[01:34:06.720 --> 01:34:09.720]  We've only got two segments left
[01:34:09.720 --> 01:34:16.720]  Okay, so I failed to appear last Thursday
[01:34:16.720 --> 01:34:20.720]  Wait a minute, wait, back your mic away, you're still booming
[01:34:20.720 --> 01:34:22.720]  Is this any better?
[01:34:22.720 --> 01:34:25.720]  Yes, better
[01:34:25.720 --> 01:34:33.720]  I failed to appear last Thursday and I didn't realize it until Sunday
[01:34:33.720 --> 01:34:37.720]  when I was talking to my group and we were preparing to get things done
[01:34:37.720 --> 01:34:39.720]  and I realized that I didn't
[01:34:39.720 --> 01:34:48.720]  So Monday I went in there to talk to the people to see what I needed to do to reschedule or whatever
[01:34:48.720 --> 01:34:56.720]  And they booked me, they put the handcuffs on me and took me directly to jail
[01:34:56.720 --> 01:34:59.720]  Over a traffic ticket now
[01:34:59.720 --> 01:35:06.720]  When I got to jail, I got a chance to talk to the sergeant
[01:35:06.720 --> 01:35:11.720]  As soon as they put me in holding, she ended up coming to the door and I saw the three stripes
[01:35:11.720 --> 01:35:17.720]  And I asked her, I said, hey listen, have you ever heard of Gerstein V. Pugh?
[01:35:17.720 --> 01:35:19.720]  And she said, no
[01:35:19.720 --> 01:35:26.720]  I said, that's basically the case stating that guys are supposed to take me straight before a magistrate
[01:35:26.720 --> 01:35:33.720]  instead of bringing me here, so I was like, if it's okay, could you guys take me before a magistrate?
[01:35:33.720 --> 01:35:38.720]  And she said, no, you won't see a magistrate until Thursday, now this was Monday
[01:35:38.720 --> 01:35:41.720]  And she said, I wouldn't see one until Thursday
[01:35:41.720 --> 01:35:46.720]  I said, well listen, you guys are doing this illegally, you really need to look at that case
[01:35:46.720 --> 01:35:50.720]  And she said, Gerstein V. Pugh, as soon as you get a chance
[01:35:50.720 --> 01:35:52.720]  And she said, okay
[01:35:52.720 --> 01:35:56.720]  And she said, well our policy is 48 hours
[01:35:56.720 --> 01:35:58.720]  And she walked away
[01:35:58.720 --> 01:36:02.720]  And about 30 minutes later, I went to go be fingerprinted and she was standing there
[01:36:02.720 --> 01:36:04.720]  I said, hey, did you get a chance to check that case out yet?
[01:36:04.720 --> 01:36:05.720]  And she said, no
[01:36:05.720 --> 01:36:10.720]  And she sat down at her terminal, she looked up the case
[01:36:10.720 --> 01:36:14.720]  And she had about four or five different rebuttals
[01:36:14.720 --> 01:36:19.720]  And she said, well, we don't have the resources to take you in front of a magistrate right away
[01:36:19.720 --> 01:36:24.720]  And you know, this is an old case that you're citing
[01:36:24.720 --> 01:36:28.720]  And just a couple of different things that she was referring to
[01:36:28.720 --> 01:36:32.720]  Well, this is a small municipality and we don't have resources like that
[01:36:32.720 --> 01:36:40.720]  Well, everything that she had to, every excuse she had was argued in Gerstein V. Pugh
[01:36:40.720 --> 01:36:45.720]  In which the U.S. Supreme Court came back and said, you know
[01:36:45.720 --> 01:36:52.720]  That small town in Florida was in violation of the constitution due process
[01:36:52.720 --> 01:36:56.720]  So I did put her on notice
[01:36:56.720 --> 01:37:02.720]  She now knows that she is operating an illegal enterprise there at the jail
[01:37:02.720 --> 01:37:06.720]  How long did they hold you?
[01:37:06.720 --> 01:37:10.720]  At that particular time, it was amazing, Randy
[01:37:10.720 --> 01:37:13.720]  It was amazing
[01:37:13.720 --> 01:37:16.720]  I was able to make bail this time
[01:37:16.720 --> 01:37:20.720]  Because I had a group of people that were working on this
[01:37:20.720 --> 01:37:23.720]  It was three hours
[01:37:23.720 --> 01:37:27.720]  OK, so they didn't hold you 48 hours
[01:37:27.720 --> 01:37:32.720]  How long ago was this?
[01:37:32.720 --> 01:37:34.720]  This was Monday
[01:37:34.720 --> 01:37:40.720]  OK, get a tort letter to them
[01:37:40.720 --> 01:37:44.720]  You could look at a private attorney general's suit here
[01:37:44.720 --> 01:37:51.720]  This is over a traffic citation that doesn't have a period of incarceration
[01:37:51.720 --> 01:37:57.720]  The judge who issued the failure to appear
[01:37:57.720 --> 01:38:00.720]  Is he a municipal judge?
[01:38:00.720 --> 01:38:04.720]  Or JP?
[01:38:04.720 --> 01:38:07.720]  He's a municipal judge
[01:38:07.720 --> 01:38:10.720]  They only hold court twice a week
[01:38:10.720 --> 01:38:14.720]  OK, here's the deal with a municipal judge
[01:38:14.720 --> 01:38:22.720]  If he wants a failure to appear, he has to take the charge to a judge who has authority to issue a failure to appear
[01:38:22.720 --> 01:38:27.720]  He doesn't
[01:38:27.720 --> 01:38:29.720]  Oh, wow
[01:38:29.720 --> 01:38:34.720]  Yeah
[01:38:34.720 --> 01:38:39.720]  You need to look at that in Georgia
[01:38:39.720 --> 01:38:46.720]  He has no jurisdiction over a crime that is punishable by a term of imprisonment
[01:38:46.720 --> 01:38:51.720]  So if he wanted a failure to appear, he would have to take that charge to a county court
[01:38:51.720 --> 01:38:59.720]  And have the county court issue the complaint and the warrant
[01:38:59.720 --> 01:39:00.720]  Oh, wow
[01:39:00.720 --> 01:39:03.720]  Now that's news to me
[01:39:03.720 --> 01:39:06.720]  OK
[01:39:06.720 --> 01:39:07.720]  Look it up
[01:39:07.720 --> 01:39:16.720]  Do your research in Georgia, but that's the way I read the law in Texas
[01:39:16.720 --> 01:39:22.720]  OK, so that's another jurisdiction issue
[01:39:22.720 --> 01:39:25.720]  I'm sorry, that would be an AO-91 complaint
[01:39:25.720 --> 01:39:27.720]  Oh, that's what I wanted to ask you
[01:39:27.720 --> 01:39:30.720]  Are you familiar with an AO-91?
[01:39:30.720 --> 01:39:32.720]  No
[01:39:32.720 --> 01:39:33.720]  OK
[01:39:33.720 --> 01:39:36.720]  Is that a Georgia statute?
[01:39:36.720 --> 01:39:42.720]  Well, it's a federal complaint
[01:39:42.720 --> 01:39:46.720]  That can be taken to any magistrate
[01:39:46.720 --> 01:39:51.720]  It's a criminal complaint against officials
[01:39:51.720 --> 01:39:53.720]  Send me some information on that
[01:39:53.720 --> 01:40:00.720]  I'm writing up a federal complaint against a federal judge right now
[01:40:00.720 --> 01:40:01.720]  OK
[01:40:01.720 --> 01:40:12.720]  And supposedly these AO-91, now you can type AO-91 in and you can find it and it's a federal complaint form
[01:40:12.720 --> 01:40:16.720]  It's a criminal complaint form that can be taken to any magistrate
[01:40:16.720 --> 01:40:24.720]  And I can send you the link to the form and it'll take you right to the form and the federal website
[01:40:24.720 --> 01:40:32.720]  It's called AO-91
[01:40:32.720 --> 01:40:34.720]  AO-91
[01:40:34.720 --> 01:40:37.720]  I will look that up
[01:40:37.720 --> 01:40:41.720]  Because I have some magistrates I'll take it to
[01:40:41.720 --> 01:40:48.720]  Maybe I'll take it to the district judge I just filed first-degree felony aggravated assault charges against
[01:40:48.720 --> 01:40:52.720]  That'll give him at the pulpit, like see?
[01:40:52.720 --> 01:40:53.720]  Yes
[01:40:53.720 --> 01:40:54.720]  OK
[01:40:54.720 --> 01:40:57.720]  Now, I just have one more thing
[01:40:57.720 --> 01:41:02.720]  Have you heard of the Gerstein VP?
[01:41:02.720 --> 01:41:06.720]  Look on Jurisimprudence.com
[01:41:06.720 --> 01:41:16.720]  You'll see a, what do you call it, a really habeas corpus is one of the first cases I cite
[01:41:16.720 --> 01:41:18.720]  Oh, it is, OK, OK, excellent
[01:41:18.720 --> 01:41:26.720]  Go to that site and look at that habeas, it's about a due process
[01:41:26.720 --> 01:41:27.720]  OK, great
[01:41:27.720 --> 01:41:31.720]  And the first caller you had, you were going to send him some jurisdiction sightings?
[01:41:31.720 --> 01:41:32.720]  Yes
[01:41:32.720 --> 01:41:33.720]  Could you please
[01:41:33.720 --> 01:41:35.720]  Send me an email, ask for those
[01:41:35.720 --> 01:41:38.720]  Yeah, but these are specific to Texas
[01:41:38.720 --> 01:41:40.720]  OK, all right, well
[01:41:40.720 --> 01:41:46.720]  Although the subject matter jurisdiction is not
[01:41:46.720 --> 01:41:51.720]  Send me an email, ask for it, I'll send it to you
[01:41:51.720 --> 01:41:55.720]  Yeah, yeah, that's what I was asking, the subject matter jurisdiction, that's what I was asking for, if you could send me that
[01:41:55.720 --> 01:41:58.720]  And I will send you an email tonight and I'll ask for that
[01:41:58.720 --> 01:42:02.720]  OK, I will get that to you
[01:42:02.720 --> 01:42:03.720]  All right, listen, you got
[01:42:03.720 --> 01:42:09.720]  OK, I need to move, I got three callers, I don't think I'm going to get to all of them
[01:42:09.720 --> 01:42:11.720]  OK, buddy, thank you very much
[01:42:11.720 --> 01:42:18.720]  OK, thank you, Charles, OK, now we're going to go to Jay in Texas, hello, Jay
[01:42:18.720 --> 01:42:20.720]  Hello, Randy, how are you?
[01:42:20.720 --> 01:42:25.720]  I am good, we have to go quickly, we've only got one segment left
[01:42:25.720 --> 01:42:27.720]  Yeah, I know, I've been waiting a while
[01:42:27.720 --> 01:42:34.720]  This is in reference to you first, whoever that guy was with the traffic ticket in Milano
[01:42:34.720 --> 01:42:39.720]  Yes, Gale in Missouri
[01:42:39.720 --> 01:42:49.720]  Yeah, if he's going to fight them, he should go diversity of citizenship and file in federal court against them
[01:42:49.720 --> 01:42:58.720]  And the reason I say that is traffic is under federal jurisdiction, it's under the Department of Transportation
[01:42:58.720 --> 01:43:11.720]  His first question to anybody would be, has the police officer been certified by the Department of Transportation to do traffic?
[01:43:11.720 --> 01:43:24.720]  That is exactly what this goes to, what we were talking about, the two information requests that I'm sending him go to the officer's certification
[01:43:24.720 --> 01:43:35.720]  OK, now, when I was talking to Scott, I talked about, with him we discussed, we'll be back in a minute
[01:43:35.720 --> 01:43:44.720]  Hang on, Randy Kelton, Deborah Stevens, rule of our radio, I'm not going to give out the call in number, we've only got one segment left
[01:43:44.720 --> 01:43:50.720]  Steve in Washington, Robert in California, I probably won't get to you guys tonight
[01:43:50.720 --> 01:43:59.720]  But if you can call back tomorrow night, we do a four hour show and I'll bump you guys to the top, we'll be right back
[01:43:59.720 --> 01:44:03.720]  You feel tired when talking about important topics like money and politics?
[01:44:03.720 --> 01:44:04.720]  Sorry!
[01:44:04.720 --> 01:44:07.720]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.720 --> 01:44:08.720]  What?
[01:44:08.720 --> 01:44:12.720]  If so, you may be diagnosed with the deadliest disease known today, stupidity
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[01:44:18.720 --> 01:44:24.720]  I had no idea that the number one cause of the disease is found in almost every home in America, the television
[01:44:24.720 --> 01:44:29.720]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope
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[01:46:22.720 --> 01:46:26.720]  Some things in this world I will never understand
[01:46:26.720 --> 01:46:30.720]  Some things I realize foolish
[01:46:30.720 --> 01:46:35.720]  Somebody's gonna police that policeman
[01:46:35.720 --> 01:46:39.720]  Somebody's gonna police the bully
[01:46:39.720 --> 01:46:43.720]  There's always a room at the top of the hill
[01:46:43.720 --> 01:46:48.720]  I hear through the grapevine and it's lonely left too
[01:46:48.720 --> 01:46:52.720]  They're wishing it was more than our position to fill
[01:46:52.720 --> 01:46:57.720]  They know that if they know good, somebody will
[01:46:57.720 --> 01:47:01.720]  Some things in this world I will never understand
[01:47:01.720 --> 01:47:04.720]  Some things I realize foolish
[01:47:04.720 --> 01:47:11.720]  Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Jay in Texas
[01:47:11.720 --> 01:47:13.720]  Okay, go ahead, Jay
[01:47:13.720 --> 01:47:21.720]  Yeah, well, I thought about while we had to break, before I go off into this court of criminal appeals and licensing
[01:47:21.720 --> 01:47:27.720]  For everybody that's trying to figure out how to calculate what to charge these people
[01:47:27.720 --> 01:47:33.720]  Trezevant versus the city of Tampa
[01:47:33.720 --> 01:47:37.720]  Trezevant
[01:47:37.720 --> 01:47:38.720]  Yes?
[01:47:38.720 --> 01:47:41.720]  Trezevant is a Florida case
[01:47:41.720 --> 01:47:45.720]  I need a Texas case similar
[01:47:45.720 --> 01:47:53.720]  Well, nobody's done it in Texas yet, but Trezevant did it, and they give you a figure, okay?
[01:47:53.720 --> 01:47:57.720]  And we used this in Dallas
[01:47:57.720 --> 01:47:59.720]  I used it in San Antonio
[01:47:59.720 --> 01:48:07.720]  Yeah, it's good, it'd be better if I could get one to Texas, and I do refer people to Trezevant
[01:48:07.720 --> 01:48:17.720]  Because you need a way to say, you owe me $236,342.51
[01:48:17.720 --> 01:48:21.720]  And you need to show them how you got that one cent
[01:48:21.720 --> 01:48:34.720]  Not like the guys in North Carolina who Robert Fox referred to me, and they had filed a lien for $11 trillion
[01:48:34.720 --> 01:48:38.720]  I said, well, what was the case about traffic?
[01:48:38.720 --> 01:48:41.720]  You guys are going to jail
[01:48:41.720 --> 01:48:47.720]  You need to be able to do some calculations so you can show how you got your amount
[01:48:47.720 --> 01:48:49.720]  Okay, I'm sorry, go ahead, Jay
[01:48:49.720 --> 01:48:52.720]  Okay, what I did is I took the figure
[01:48:52.720 --> 01:48:56.720]  Now, this is a 1984 case, Trezevant versus Tampa
[01:48:56.720 --> 01:49:05.720]  And it came out, depending on how you do your math, to about $65,000 to $75,000 an hour
[01:49:05.720 --> 01:49:12.720]  Now, this is 2016, so you take that base from 1984
[01:49:12.720 --> 01:49:19.720]  You go to the federal, the U.S. Department of Labor inflation calculator
[01:49:19.720 --> 01:49:26.720]  And you calculate the, I guess it's still 97% inflation increase
[01:49:26.720 --> 01:49:28.720]  It may be more than that now
[01:49:28.720 --> 01:49:34.720]  But you factor that in, and since it's almost 100%, we'll just use 100%
[01:49:34.720 --> 01:49:44.720]  If it was $65,000 for one hour, it is now at 100%, $130,000 an hour
[01:49:44.720 --> 01:49:49.720]  If it was $75,000, it was $150,000 an hour
[01:49:49.720 --> 01:49:53.720]  24 hours a day, 7 days a week, 365 a year
[01:49:53.720 --> 01:49:59.720]  I did that in a drug case in San Antonio, a 40-year prison sentence
[01:49:59.720 --> 01:50:09.720]  And the 40 years, the actual sum was $51,900,000,000 for stealing 40 years from this fellow
[01:50:09.720 --> 01:50:11.720]  We, I thought that was sufficient
[01:50:11.720 --> 01:50:12.720]  We've talked about this before
[01:50:12.720 --> 01:50:17.720]  I thought that was way too much, so I cut it 90%
[01:50:17.720 --> 01:50:25.720]  It was still $5,190,000,000 for the 40 years that they stole from it
[01:50:25.720 --> 01:50:30.720]  And the Texas Department of Criminal Justice sent him a get out of jail free card
[01:50:30.720 --> 01:50:32.720]  He's a free man
[01:50:32.720 --> 01:50:36.720]  He passed away, but he died a free man, and that's what he wanted
[01:50:36.720 --> 01:50:41.720]  But that kind of sum is totally legal because it uses the court's figures
[01:50:41.720 --> 01:50:49.720]  And the United States Department of Labor calculation, inflation calculator
[01:50:49.720 --> 01:50:51.720]  So you're using their stuff
[01:50:51.720 --> 01:50:54.720]  You didn't write it, they did
[01:50:54.720 --> 01:50:56.720]  Exactly
[01:50:56.720 --> 01:50:57.720]  Okay
[01:50:57.720 --> 01:51:01.720]  I'm hoping to find one for Texas, but I haven't yet
[01:51:01.720 --> 01:51:06.720]  And in lieu of finding one in Texas, Travisant will do
[01:51:06.720 --> 01:51:14.720]  Well, but these fellows that you were talking to, they're going to charge them for the time
[01:51:14.720 --> 01:51:17.720]  Well, there's a template for you
[01:51:17.720 --> 01:51:20.720]  Get your calculators out and do the math
[01:51:20.720 --> 01:51:24.720]  Now, driver's licenses in the state of Texas
[01:51:24.720 --> 01:51:28.720]  I have court of criminal appeals of Texas
[01:51:28.720 --> 01:51:31.720]  The case is Ted Holloway versus State
[01:51:31.720 --> 01:51:38.720]  It's number 25192, blue book citation form, 1951, Texas 188
[01:51:38.720 --> 01:51:41.720]  Date decided March the 7th, 1951
[01:51:41.720 --> 01:51:45.720]  The charge of driving a motor vehicle while license suspended
[01:51:45.720 --> 01:51:51.720]  Appeal from the County Court of Jolten's County penalty, fine of $100
[01:51:51.720 --> 01:51:54.720]  Honorable Roger Garrett, judge presiding
[01:51:54.720 --> 01:51:57.720]  Appellate panel, Woodley, judge
[01:51:57.720 --> 01:52:01.720]  Decision of the court delivered by the honorable Judge Woodley
[01:52:01.720 --> 01:52:04.720]  Appellant was convicted and assessed a fine of $100
[01:52:04.720 --> 01:52:06.720]  Under an information and complaint
[01:52:06.720 --> 01:52:10.720]  Charging that the appellant did then and there unlawfully drive
[01:52:10.720 --> 01:52:14.720]  And operate a motor vehicle on the public roadways of the state
[01:52:14.720 --> 01:52:17.720]  While his driver's license was suspended
[01:52:17.720 --> 01:52:21.720]  Appellant attacks the sufficiency of the information to charge an offense
[01:52:21.720 --> 01:52:28.720]  The prosecution appears to have been brought under the provisions of article 6687B
[01:52:28.720 --> 01:52:31.720]  Vernon's annotated civil statutes
[01:52:31.720 --> 01:52:36.720]  Commonly referred to as the Texas driver's license law, section 27
[01:52:36.720 --> 01:52:42.720]  Thereof in part providing that no person whose operator's commercial license
[01:52:42.720 --> 01:52:48.720]  Or chauffeur's license or privilege to operate a motor vehicle in this state
[01:52:48.720 --> 01:52:53.720]  Has been suspended, shall operate a motor vehicle during such suspension
[01:52:53.720 --> 01:52:57.720]  Section 44 of such act provides a punishment for such offense
[01:52:57.720 --> 01:53:03.720]  The information against the appellant fails to allege that the appellant had been issued
[01:53:03.720 --> 01:53:07.720]  Either an operator's commercial
[01:53:07.720 --> 01:53:10.720]  Operators or chauffeur's license
[01:53:10.720 --> 01:53:15.720]  Or that he drove a motor vehicle while such a license was suspended
[01:53:15.720 --> 01:53:22.720]  In hassle, the State 149 Texas Criminal Code 33
[01:53:22.720 --> 01:53:26.720]  194 SW 2nd 400
[01:53:26.720 --> 01:53:32.720]  An information alleging that the defendant operated a motor vehicle
[01:53:32.720 --> 01:53:35.720]  Upon a public highway without a driver's license
[01:53:35.720 --> 01:53:39.720]  Was held insufficient to charge an offense
[01:53:39.720 --> 01:53:44.720]  Since a driver's license is not known for the law
[01:53:44.720 --> 01:53:49.720]  In Barber D State 149 Texas Prim
[01:53:49.720 --> 01:53:50.720]  Excuse me
[01:53:50.720 --> 01:53:53.720]  18191 SW 2nd
[01:53:53.720 --> 01:53:54.720]  879
[01:53:54.720 --> 01:53:57.720]  A complaint charging the operation of an automobile
[01:53:57.720 --> 01:54:02.720]  And failure to display an operator's license on demand of a police officer
[01:54:02.720 --> 01:54:05.720]  Was held insufficient to charge an offense
[01:54:05.720 --> 01:54:08.720]  In the absence of an allegation that the accused was
[01:54:08.720 --> 01:54:12.720]  On the date of the alleged offense a licensee
[01:54:12.720 --> 01:54:16.720]  The information being insufficient to charge an offense
[01:54:16.720 --> 01:54:21.720]  And the judgment was reversed and the prosecution order dismissed
[01:54:21.720 --> 01:54:27.720]  Opinion approved by the court, case resolution reversed and dismissed
[01:54:27.720 --> 01:54:30.720]  And the last
[01:54:30.720 --> 01:54:33.720]  Can you send me those references?
[01:54:33.720 --> 01:54:36.720]  I'll send them to Scott and he'll send them to you
[01:54:36.720 --> 01:54:37.720]  But yeah, you'll get them
[01:54:37.720 --> 01:54:38.720]  Okay, thanks
[01:54:38.720 --> 01:54:39.720]  You'll get them
[01:54:39.720 --> 01:54:41.720]  Sure
[01:54:41.720 --> 01:54:45.720]  And well, I guess that's
[01:54:45.720 --> 01:54:51.720]  Oh, oh, I have one question to ask all these people that
[01:54:51.720 --> 01:54:54.720]  That have these problems in court
[01:54:54.720 --> 01:54:58.720]  Did any of them bother to answer the complaint?
[01:54:58.720 --> 01:55:01.720]  I mean answer, not make a motion
[01:55:01.720 --> 01:55:05.720]  Answer the complaint
[01:55:05.720 --> 01:55:11.720]  Well, in the Code of Criminal Procedure is a subset of the civil
[01:55:11.720 --> 01:55:14.720]  Code of Civil Procedure
[01:55:14.720 --> 01:55:16.720]  I mean the rules of civil procedure
[01:55:16.720 --> 01:55:23.720]  And a criminal complaint does not require an answer
[01:55:23.720 --> 01:55:30.720]  Although I don't see a problem with filing an answer in the form of a rebuttal
[01:55:30.720 --> 01:55:35.720]  Let's go to the Federal Rules of Civil Procedure, Rule 7A
[01:55:35.720 --> 01:55:37.720]  It says answer
[01:55:37.720 --> 01:55:40.720]  Whenever they charge you with anything
[01:55:40.720 --> 01:55:43.720]  You must answer the charge
[01:55:43.720 --> 01:55:47.720]  And then you go to Rule 13, Federal Rules of Civil Procedure
[01:55:47.720 --> 01:55:53.720]  And it tells you that a counterclaim is mandatory
[01:55:53.720 --> 01:55:56.720]  In most cases, in some cases
[01:55:56.720 --> 01:55:58.720]  Why be picky and choosy?
[01:55:58.720 --> 01:56:01.720]  A counterclaim is mandatory
[01:56:01.720 --> 01:56:04.720]  Okay, so you answer with a counterclaim
[01:56:04.720 --> 01:56:06.720]  If you have a counterclaim
[01:56:06.720 --> 01:56:12.720]  In that counterclaim, you can mention all of the things they did to
[01:56:12.720 --> 01:56:16.720]  A, deny you due process
[01:56:16.720 --> 01:56:18.720]  The actions are criminal
[01:56:18.720 --> 01:56:20.720]  You set them up on criminal charges
[01:56:20.720 --> 01:56:26.720]  I told you about the 37 criminal charges and three constitutional violations
[01:56:26.720 --> 01:56:30.720]  Over a notice of violation from my hometown
[01:56:30.720 --> 01:56:32.720]  They still have an answer
[01:56:32.720 --> 01:56:34.720]  But they have all those complaints
[01:56:34.720 --> 01:56:35.720]  And I screwed up on that
[01:56:35.720 --> 01:56:38.720]  There were four constitutional violations
[01:56:38.720 --> 01:56:40.720]  I charged the 4th, the 5th, and the 13th
[01:56:40.720 --> 01:56:44.720]  Because they expected me to do work for them with no pay
[01:56:44.720 --> 01:56:46.720]  But they also violated the 14th Amendment
[01:56:46.720 --> 01:56:47.720]  And I let that out
[01:56:47.720 --> 01:56:49.720]  I feel like such a fool
[01:56:49.720 --> 01:56:51.720]  Okay
[01:56:51.720 --> 01:56:54.720]  Goodnight, Randy
[01:56:54.720 --> 01:56:57.720]  Or you want me to stay on and harass you some more?
[01:56:57.720 --> 01:57:00.720]  Yes, so we've got another two minutes
[01:57:00.720 --> 01:57:01.720]  Okay, well
[01:57:01.720 --> 01:57:06.720]  It's been a while since you've been on
[01:57:06.720 --> 01:57:09.720]  Well, the last time you wouldn't even record it
[01:57:09.720 --> 01:57:12.720]  So I got embarrassed
[01:57:12.720 --> 01:57:15.720]  I called you the other day
[01:57:15.720 --> 01:57:16.720]  On your cell phone
[01:57:16.720 --> 01:57:20.720]  And somebody called me back with an Austin number
[01:57:20.720 --> 01:57:22.720]  And I punched the wrong button and it wiped it out
[01:57:22.720 --> 01:57:25.720]  So I never could call back and I didn't have the number
[01:57:25.720 --> 01:57:27.720]  And that must have been you
[01:57:27.720 --> 01:57:29.720]  Yeah, I have an Austin number
[01:57:29.720 --> 01:57:31.720]  If you called the...
[01:57:31.720 --> 01:57:35.720]  I probably called you from Skype
[01:57:35.720 --> 01:57:40.720]  And it'll come up in Austin number 512-430-4140
[01:57:40.720 --> 01:57:42.720]  Something like that
[01:57:42.720 --> 01:57:43.720]  I didn't get a good look at it
[01:57:43.720 --> 01:57:46.720]  I just hit the wrong button and it wiped it
[01:57:46.720 --> 01:57:49.720]  Anyway, thanks for the opportunity
[01:57:49.720 --> 01:57:52.720]  I hope somebody was listening and I hope it helps
[01:57:52.720 --> 01:57:54.720]  Okay, thanks a lot
[01:57:54.720 --> 01:57:57.720]  And Jay, don't be such a stranger
[01:57:57.720 --> 01:58:00.720]  Well, I'm up here a few miles from Boyd
[01:58:00.720 --> 01:58:03.720]  And I've asked everybody if they know you
[01:58:03.720 --> 01:58:04.720]  And they said no
[01:58:04.720 --> 01:58:06.720]  I'm thinking old school
[01:58:06.720 --> 01:58:08.720]  Just ask the police
[01:58:08.720 --> 01:58:10.720]  They'll probably say they don't know me
[01:58:10.720 --> 01:58:13.720]  Since I recently filed first degree felony
[01:58:13.720 --> 01:58:18.720]  Aggravated assault charges against my district judge
[01:58:18.720 --> 01:58:21.720]  Because he had a bailiff touch me
[01:58:21.720 --> 01:58:26.720]  Is this the one we're after?
[01:58:26.720 --> 01:58:28.720]  I'm after them
[01:58:28.720 --> 01:58:30.720]  I'm sorry, we're out of time
[01:58:30.720 --> 01:58:32.720]  This is Randy Kelton, Debra Stevens
[01:58:32.720 --> 01:58:38.720]  We'll be back tomorrow night on our four hour info marathon
[01:58:38.720 --> 01:58:39.720]  Be sure to listen
[01:58:39.720 --> 01:58:42.720]  If you have a question or comment, give us a call
[01:58:42.720 --> 01:58:49.720]  Thank you all for listening and good night
[01:59:12.720 --> 01:59:16.720]  We'll be right back
[01:59:42.720 --> 01:59:49.720]  You're listening to the Logos Radio Network at logosradionetwork.com