[00:00.000 --> 00:06.000]  The following use flash is brought to you by the Lone Star Lowdown, providing your daily
[00:06.000 --> 00:08.000]  bulletins for the commodity market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:28.000]  Markets for Wednesday, the 28th of September, 2016, are currently trading with gold at $1,321.50 an ounce,
[00:28.000 --> 00:35.000]  silver, $19.16 an ounce, Texas crude, $44.67 a barrel, and Bitcoin is currently sitting
[00:35.000 --> 00:43.000]  at about $604 U.S. currency.
[00:43.000 --> 00:49.000]  Today in history, the year 1928, Sir Alexander Fleming notices bacteria killing mold growing in his
[00:49.000 --> 00:58.000]  laboratory, in essence, discovering what later became known as penicillin.
[00:58.000 --> 01:03.000]  In recent news, FBI Director James Comey, while being asked about the FBI warning sent to states
[01:03.000 --> 01:08.000]  in June and two successful intrusions into voter registration databases in Illinois and Arizona,
[01:08.000 --> 01:13.000]  told a House committee during an FBI oversight hearing Wednesday today that,
[01:13.000 --> 01:19.000]  there have been a variety of scanning activities which is a preamble for potential intrusion activities as well as some
[01:19.000 --> 01:24.000]  attempted intrusions at voter database registrations beyond those we knew about in July and August.
[01:24.000 --> 01:29.000]  Though he did assure that the actual voting systems are not connected to the internet and are decentralized,
[01:29.000 --> 01:34.000]  rendering the hacking of any national election essentially impossible, he went on to say that,
[01:34.000 --> 01:38.000]  we are urging the states just to make sure that their dead volts are thrown and their locks are on,
[01:38.000 --> 01:43.000]  and to get the best information they can just to make sure that their systems are secure,
[01:43.000 --> 01:51.000]  because there's no doubt that some bad actors have been poking around.
[01:51.000 --> 01:55.000]  Both the Senate and the House voted Wednesday today in favor of the Justice Against Sponsors of Terrorism Act,
[01:55.000 --> 02:01.000]  or JASTA, overruling the veto the Obama administration made last week and the disregarding of warnings from top
[02:01.000 --> 02:07.000]  Pentagon officials. The bill allows family members of 9-11 victims to sue Saudi Arabia for backing up the
[02:07.000 --> 02:12.000]  attackers, as outlined in the recently disclosed 28 pages of the 9-11 Commission Report.
[02:12.000 --> 02:16.000]  Obama even went as far as to send a letter to the Senate leaders on Tuesday,
[02:16.000 --> 02:21.000]  warning that other countries could use JASTA to justify similar immunity exceptions to target the U.S.
[02:21.000 --> 02:25.000]  Political advisors are concerned that Saudi Arabia could, in response to the law,
[02:25.000 --> 02:31.000]  pull billions of dollars from the U.S. economy and persuade close allies in the Gulf Cooperation Council
[02:31.000 --> 02:37.000]  to scale back counter-terrorism cooperation, investment, and U.S. access to important regional military bases.
[02:37.000 --> 03:01.000]  Saudi Foreign Minister Adel al-Jubeir also told reporters back in June that the U.S. had the most to lose if JASTA was enacted.
[03:07.000 --> 03:14.000]  The bill allows families of 9-11 victims to sue Saudi Arabia for backing up the attacker,
[03:14.000 --> 03:20.000]  as outlined in the recently disclosed 28 pages of the 9-11 Commission Report.
[03:20.000 --> 03:24.000]  The bill allows families of 9-11 victims to scale back counter-terrorism cooperation,
[03:24.000 --> 03:29.000]  investment, and U.S. access to important regional military bases to scale back counter-terrorism cooperation,
[03:29.000 --> 03:34.000]  as outlined in the recently disclosed 28 pages of the 9-11 Commission Report.
[03:34.000 --> 03:38.000]  The bill allows families of 9-11 victims to scale back counter-terrorism cooperation,
[03:38.000 --> 03:43.000]  investment, and U.S. access to important regional military bases to scale back counter-terrorism cooperation,
[03:43.000 --> 03:50.000]  as outlined in the recently disclosed 28 pages of the 9-11 Commission Report.
[03:50.000 --> 03:58.480]  okay howdy howdy this is Randy Kelton David Stevens rule of law radio on this
[03:58.480 --> 04:10.840]  Thursday the sixth day of October 2016 and I had this long complex convoluted
[04:10.840 --> 04:16.280]  dissertation plan but I got a whole board full of callers so I guess you
[04:16.280 --> 04:24.640]  will all be spared my soliloquy today so we're going to start out by going to
[04:24.640 --> 04:37.200]  Olivier in Tennessee hello Olivier what has gone on since we last spoke well I
[04:37.200 --> 04:46.920]  filled out the hippiest corpuses they were denied on the fact that I was not
[04:46.920 --> 04:56.640]  and I was not restrained of my liberty did you get them educated on what
[04:56.640 --> 05:03.320]  the restraint of liberty means they did not even know number one they did not
[05:03.320 --> 05:11.400]  answer my hippiest corpus instainer they did it a day later I was not even
[05:11.400 --> 05:18.320]  present they did not award me an attorney they did not even award me a
[05:18.320 --> 05:26.360]  hearing it is denied state she just denied it based on I was I was not
[05:26.360 --> 05:33.640]  restrained of my liberty and the day that I filled it out they called the the
[05:33.640 --> 05:38.040]  clerk's contacted the post defender the public defender the head clerk defender
[05:38.040 --> 05:43.040]  came down there talk to telling me that well I can't file for a habeas corpus I
[05:43.040 --> 05:49.840]  can't file for habeas corpus because I'm not restrained of my freedom and I'm
[05:49.840 --> 05:54.920]  looking at him like are you a prosecutor right I did not call you for anything
[05:54.920 --> 06:03.280]  what are you talking about so I'm from what I'm what I'm getting is that they
[06:03.280 --> 06:11.280]  had an ex parte communication to deny me of my habeas corpus okay hold on you're
[06:11.280 --> 06:19.320]  saying that the public defender mm-hmm the head public defender he addressed
[06:19.320 --> 06:26.480]  your habeas yeah he turned it in then he came downstairs two minutes later
[06:26.480 --> 06:32.880]  inquiring why we submitted an habeas purpose I'm looking at him like are you
[06:32.880 --> 06:37.920]  out your mind somehow well we don't have the right for habeas corpus because I'm
[06:37.920 --> 06:44.640]  not incarcerated I'm not I'm not in custody right now you do have his name
[06:44.640 --> 06:53.400]  don't you yes I wrote up a judicial I mean I wrote up a complaint or judicial
[06:53.400 --> 06:59.160]  bar grievance for him being ignorant of the law professional conduct or
[06:59.160 --> 07:03.680]  something like that yes for the attorney yeah I know the judicial board I mean
[07:03.680 --> 07:07.960]  the judicial conduct is for the judges right yes and bar grievances for the
[07:07.960 --> 07:13.640]  lawyers right so I wrote I wrote one up and I wrote one up for each other
[07:13.640 --> 07:18.600]  attorney now here's the thing from going through this process and listening to
[07:18.600 --> 07:24.040]  you and Randy I mean Eddie talks I've been listening about how law is
[07:24.040 --> 07:28.160]  supposed to establish how it works so it's supposed to be there so we can get
[07:28.160 --> 07:33.200]  remedies for when things happen to us and when remedy doesn't happen according
[07:33.200 --> 07:39.680]  to the law that means that we have some type of remedy for that also it's
[07:39.680 --> 07:46.080]  called procedural due process substantive and procedural due process
[07:46.080 --> 07:50.360]  that can take you straight to the Fed
[07:52.000 --> 08:00.960]  substantial substantial and procedural and the primary the primary one is
[08:00.960 --> 08:09.960]  procedural most all of these will go to procedural due process due process okay
[08:09.960 --> 08:18.440]  there's one little comment about about due process violations according to the
[08:18.440 --> 08:27.080]  Fed a denial of due process is harm per se so you don't have to claim that you
[08:27.080 --> 08:36.080]  were harmed by the lack of due process it is harm on its face I just need to
[08:36.080 --> 08:44.800]  prove that there was a due process that's all and so if a statute mandatory
[08:44.800 --> 08:51.800]  mandate something and it did not occur that's considered that's all you need
[08:51.800 --> 09:01.400]  that well that comes up that that creates a prima facie case now like you
[09:01.400 --> 09:06.040]  say they arrested me but they didn't take me before a magistrate they took me
[09:06.040 --> 09:12.360]  to jail held me for X number of hours that establishes a prima facie case now
[09:12.360 --> 09:18.720]  if they can come into court and say well hurricane hurricane Katrina just came
[09:18.720 --> 09:25.880]  ashore and the levity Lake Ponce a train just broke so we couldn't get him to a
[09:25.880 --> 09:30.600]  magistrate okay that would overcome your prima facie but it's going to take
[09:30.600 --> 09:39.480]  something like that would uh would the magistrate being in the jail you have
[09:39.480 --> 09:44.400]  anything do it or are you still covered underneath there well they're supposed
[09:44.400 --> 09:50.960]  to take you to the magistrate first how long were you in jail before you saw a
[09:50.960 --> 09:57.520]  magistrate well the magistrate is in the jail they walk you into the lock area
[09:57.520 --> 10:03.160]  then the magistrate room is first then they walk you into the book into the
[10:03.160 --> 10:08.680]  booking area oh that's pretty cool that's close that's getting closer to
[10:08.680 --> 10:17.880]  what the lockup requires did you have a what do you call it a public defender
[10:17.880 --> 10:29.200]  present when you went before the magistrate no were you advised that you
[10:29.200 --> 10:36.240]  had a right to counsel at that hearing no were you given opportunity to enter
[10:36.240 --> 10:43.160]  exculpatory evidence you know and whatever that hearing was it wasn't an
[10:43.160 --> 10:51.320]  examining trial so that's a due process violation
[10:55.640 --> 11:04.080]  if they're required to have an examining trial and what they've done is changed
[11:04.080 --> 11:11.920]  examining trial into they advise you of your rights while they are in the
[11:11.920 --> 11:18.720]  process of denying you those rights right you have a right to counsel you
[11:18.720 --> 11:22.600]  betcha you have a right to counsel right then when you stand in front of this
[11:22.600 --> 11:35.280]  judge where is he okay go ahead all right um well so my question was the
[11:35.280 --> 11:42.880]  judicial conduct how good is there of a weapon against them because I went and
[11:42.880 --> 11:49.120]  checked on the Tennessee law about the restraint of liberty liberty yeah
[11:49.120 --> 11:56.760]  restraint of liberty and I found almost I could make a book of 800 pages of law
[11:56.760 --> 12:04.720]  after law at the law of them turning over decisions of suicide cases where
[12:04.720 --> 12:11.120]  they denied of but not being restrained and where it's defined restraint as in
[12:11.120 --> 12:17.200]  any anything whatsoever ever that limits the person of making any type of
[12:17.200 --> 12:25.200]  decision of their liberties okay this is an discussion I had earlier today with
[12:25.200 --> 12:35.960]  Ken Magnuson he had a case where someone filed a petition for inability to pay
[12:35.960 --> 12:44.000]  the opposing party never did the opposing party never responded and the
[12:44.000 --> 12:52.600]  clerk never responded the I'm sorry the court reporter never responded because
[12:52.600 --> 12:57.920]  this goes to whether the court reporter gets paid by you or not so nobody
[12:57.920 --> 13:05.840]  responded and the court never held a hearing on the matter so by operation of
[13:05.840 --> 13:12.800]  law they filed a affidavit the other side didn't respond therefore they had a
[13:12.800 --> 13:22.320]  right to a determination of inability to pay as a matter of law but they didn't
[13:22.320 --> 13:32.880]  get that and he said what they will do is argue that there is a rule 107 that
[13:32.880 --> 13:40.160]  applies here in this particular instance they had to appoint in council and he
[13:40.160 --> 13:48.280]  said they're going to argue that he didn't argue rule 107 so my question is
[13:48.280 --> 13:59.760]  does a statutory mandate only apply if you command the court to provide the
[13:59.760 --> 14:08.880]  statutory mandate or when the judge entered into a contract with the state
[14:08.880 --> 14:13.040]  by swearing on his oath that he had a poll to constitute he'd have pulled the
[14:13.040 --> 14:18.120]  laws of the state of Tennessee and protect the Constitution nine states did
[14:18.120 --> 14:26.440]  he swear to uphold all the laws yeah so while you may go into a civil case and
[14:26.440 --> 14:32.440]  they may bring this issue and say you can't civilly bring this issue because
[14:32.440 --> 14:40.720]  you didn't argue it before the court there's another area of law where you
[14:40.720 --> 14:48.840]  can bring this issue and that's the criminal courts just the judge has a
[14:48.840 --> 14:55.360]  duty to apply this law he fails to perform a duty he's acquired to perform
[14:55.360 --> 14:59.840]  and in the process denies uniform free access to or enjoyment of right why the
[14:59.840 --> 15:06.280]  way I read the code that's a crime in every stage the statue the habeas
[15:06.280 --> 15:13.000]  corporate statue here includes that it includes a wrongful a wrongful writ of
[15:13.000 --> 15:23.680]  habeas wrongful denial of habeas corpus that is perfect okay so while you go
[15:23.680 --> 15:31.440]  and while you pursue the habeas civilly because habeas is a civil filing you
[15:31.440 --> 15:35.160]  should go back and file criminal charges against the judge for denying the
[15:35.160 --> 15:41.920]  habeas and that's a whole separate issue what they what the public officials
[15:41.920 --> 15:48.440]  want to do is try to convince you that you can do one or the other that if you
[15:48.440 --> 15:53.640]  if you pursue criminal you don't have a right to civil and that is simply not
[15:53.640 --> 16:01.760]  true yeah one the one has nothing to do with the other it says and that means
[16:01.760 --> 16:13.600]  included so have you taken any further action yet I realize it's only been a
[16:13.600 --> 16:19.360]  week I just I've done all this since the last time I talked to you last couple
[16:19.360 --> 16:23.520]  days ago so this is just fresh and we actually submitted another habeas corpus
[16:23.520 --> 16:29.040]  my brother today on his account where they arrested him for calling 9-1-1
[16:29.040 --> 16:34.280]  they arrested him for calling this that's his 9-1-1 call and how many did he
[16:34.280 --> 16:44.920]  make he made one see how that works for me got a music plan yeah I have made
[16:44.920 --> 16:55.200]  lots of 9-1-1 calls I called him three times in one in one encounter and I've
[16:55.200 --> 17:01.480]  never been arrested for it never been threatened with this through advances in
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[19:29.560 --> 19:35.480]  okay we are back Randy Kelcom Debra Stevens rule of law radio and we're
[19:35.480 --> 19:43.600]  talking to Olivier in Tennessee okay so did they hear the habeas for your
[19:43.600 --> 19:50.400]  brother no they told him that they were going to set him a date or the judge was
[19:50.400 --> 19:56.880]  going to send him an answer in a mail totally against all all procedures of
[19:56.880 --> 20:04.200]  the statute oh wonderful never interfere with someone when they're screwing up oh
[20:04.200 --> 20:09.040]  yeah there's how we've been committed like after after we realize how the
[20:09.040 --> 20:14.440]  process supposed to go and that's why we're asking you the ramification of the judicial
[20:14.440 --> 20:18.760]  conduct because I'm sitting here like if I could continue racking them up and if
[20:18.760 --> 20:23.160]  this judicial conduct plays out like it's like it's supposed to play out what
[20:23.160 --> 20:27.960]  kind of damage can I do okay you have to understand that when you get to
[20:27.960 --> 20:37.240]  judicial conduct everything is political it all depends on the politics now how
[20:37.240 --> 20:45.240]  soon before this judge is up for reelection probably three more years
[20:45.240 --> 21:02.040]  okay is he a new judge okay we have it depends on okay that's that's one
[21:02.040 --> 21:12.160]  consideration is when he runs for reelection it's he has to consider that
[21:12.160 --> 21:18.640]  his opponent is going to bring these judicial conduct complaints up and wave
[21:18.640 --> 21:26.840]  them at the voters just a few years ago in Minnesota we got a ruling from Jesse
[21:26.840 --> 21:37.720]  Ventura where he used statements of what a judge had done and rulings he had made
[21:37.720 --> 21:43.680]  and they sued him and the courts ruled that he could do that the judges were
[21:43.680 --> 21:48.240]  saying oh you can't ever say anything bad about us at all and the courts said
[21:48.240 --> 21:54.400]  oh yes he can if it's true he can say it so it opened the door for political
[21:54.400 --> 22:01.800]  opponents to use your issues against you and and judicial conduct complaints are
[22:01.800 --> 22:09.400]  very serious issues for the judge because whether they rule against him or
[22:09.400 --> 22:16.880]  not it puts a mark on his chart and it puts one on there that never goes away
[22:16.880 --> 22:23.040]  same thing with bar grievances bar grievance goes on a lawyer's record it
[22:23.040 --> 22:31.080]  never goes away a law firm they're looking to hire a lawyer and they check
[22:31.080 --> 22:35.520]  with the bar and he's got three bar grievances against him they're gonna say
[22:35.520 --> 22:44.080]  we're gonna get this guy in court and we're gonna have an opposing party come
[22:44.080 --> 22:48.560]  back and accuse us of bringing this unscrupulous lawyer because look he has
[22:48.560 --> 22:53.360]  three bar grievances against him or if they have a good have a client and they
[22:53.360 --> 22:58.480]  put this lawyer in place and the lawyer doesn't make the client happy he's gonna
[22:58.480 --> 23:02.920]  say what are you doing giving me this guy's got all these bar grievances so
[23:02.920 --> 23:11.040]  it creates a liability judicial conduct complaints create a liability regardless
[23:11.040 --> 23:16.720]  of how they're ruled because we always expect them to favor the judge will will
[23:16.720 --> 23:22.900]  they can't say that last part again they will almost always rule in favor of the
[23:22.900 --> 23:29.440]  judge okay almost always but now if you have a concrete evidence because the
[23:29.440 --> 23:34.900]  statute says one thing the procedure so is another and then when I build out the
[23:34.900 --> 23:42.160]  judicial conflict of a complaint I added Tennessee federal statutes or the case
[23:42.160 --> 23:48.840]  laws from Tennessee federal supreme from the Supreme Court which states that what
[23:48.840 --> 23:54.360]  they did was incorrect and not allowed several I gave him at least eight to ten
[23:54.360 --> 24:00.480]  pages did you did you include screws for us
[24:02.480 --> 24:09.480]  you need to look up screws VUS it is a Texas case but it's a Supreme Court
[24:09.480 --> 24:18.360]  ruling you got two deputies in the sheriff 1945 Mississippi I'm sorry I
[24:18.360 --> 24:23.800]  said it's a Texas case in Mississippi case they're upset at this black guy
[24:23.800 --> 24:27.360]  they're drinking in a beer joint upset at this black guy they're going to
[24:27.360 --> 24:31.560]  arrest it bartender tries to talk him out of it they won't be dissuaded they
[24:31.560 --> 24:35.880]  arrest him and wind up beating him to death on the courthouse steps they're
[24:35.880 --> 24:41.920]  prosecuted in the state they're sued in the state then they're sued in the Fed
[24:41.920 --> 24:46.440]  for the civil rights violation and they complained to the court that they didn't
[24:46.440 --> 24:51.060]  have adequate notice that they could be sued in the state in the Fed as well as
[24:51.060 --> 24:59.560]  the state and the court at page it was 93 USC 361 I believe or something like
[24:59.560 --> 25:06.280]  that you just do screws VS screws VUS you'll get it at page 109 the court
[25:06.280 --> 25:12.560]  opined a private citizen cannot claim ignorance of the law as a defense to
[25:12.560 --> 25:20.280]  prosecution a public official is held to a much higher standard if a public
[25:20.280 --> 25:27.800]  official violates a ruling of this court and he'd be saying he may not be heard
[25:27.800 --> 25:35.320]  to say he knows not what he what he does that goes to imputed knowledge we're not
[25:35.320 --> 25:43.520]  talking about a low-level sheriff's deputy here we're talking about an
[25:43.520 --> 25:54.360]  elected learning council county judge he is expected to know the law he cannot
[25:54.360 --> 26:03.600]  come to the court and say I did not know that what I did was illegal unless he
[26:03.600 --> 26:11.000]  claims insanity in which case he vacates the bench right so you need to look up
[26:11.000 --> 26:15.840]  screws it is still good law it is very powerful and it's dead on point
[26:15.840 --> 26:27.640]  screw that SCR EW yep SCR EWS that's why I say these guys are screwed okay screw
[26:27.640 --> 26:34.000]  is it versus something I just look up versus US yeah versus you and screws
[26:34.000 --> 26:40.000]  are still in so in this situation I cannot sue am I still in the state or
[26:40.000 --> 26:45.120]  I'm still in the jury judges personally I think you can in this case you can sue
[26:45.120 --> 26:53.360]  the judge personally because the specific prohibition against this act in
[26:53.360 --> 27:00.200]  the law puts his act outside of scope gotcha that's what I was thinking now
[27:00.200 --> 27:08.600]  what can I do with this state yes yes you can do it in the state but the rule
[27:08.600 --> 27:13.120]  is the general rule of thumb is you want to take the state to the Fed and the Fed
[27:13.120 --> 27:19.080]  to the state if you you can file in the state but you can expect every judge
[27:19.080 --> 27:26.840]  along the line to step up behind that thin blue line and rule for the judge no
[27:26.840 --> 27:35.200]  matter what okay with that idea with that idea I'm thinking if I have that
[27:35.200 --> 27:39.600]  notion right and I understand that I have all the other vehicles to correct
[27:39.600 --> 27:45.080]  them then maybe this could be a big party if it goes how I'm planning because
[27:45.080 --> 27:50.120]  if they're playing block and I have sufficient grounds to nail this judge
[27:50.120 --> 27:54.320]  when they block everything they do everything that they do is going to be
[27:54.320 --> 28:02.080]  illegal you're right exactly and and that goes to how you want to do the
[28:02.080 --> 28:08.160]  fight if you want to collect up everybody in the pool before you go to
[28:08.160 --> 28:13.760]  the Fed and that's the way I like to do it so when I go to the Fed the Fed
[28:13.760 --> 28:21.000]  generally is going to say they really want you to exercise all your state
[28:21.000 --> 28:25.760]  remedies before you come to them most people if they have a procedural due
[28:25.760 --> 28:32.200]  process just jump right to the Fed but if you walk through all of the procedures
[28:32.200 --> 28:38.560]  here and filing the criminal complaints is one of the most powerful things you
[28:38.560 --> 28:44.880]  can do because you have the right to the equal protection of the loss and you
[28:44.880 --> 28:48.720]  file a criminal complaint against this judge with another judge and the other
[28:48.720 --> 28:54.880]  judge violates law in order to shield this judge from prosecution so you go to
[28:54.880 --> 29:00.280]  the next higher if you go from county you go to district from district you go
[29:00.280 --> 29:05.480]  to the state attorney general from the state attorney general you go to the
[29:05.480 --> 29:11.800]  chief justice of the supreme where do you go from the chief justice when he
[29:11.800 --> 29:18.040]  refuses and he absolutely will then the next logical step is to go to the Fed
[29:18.040 --> 29:24.960]  now when you get to the Fed and they say did you exercise all your state remedies
[29:24.960 --> 29:29.840]  you can show this is why I'm after this judge this is why I'm after this one
[29:29.840 --> 29:32.640]  this is why I'm after the attorney general and this is why I'm after the
[29:32.640 --> 29:40.240]  chief justice of the supreme what other remedy would you suggest so now you've
[29:40.240 --> 29:44.920]  got to be in a much more difficult position it'll be harder for them to
[29:44.920 --> 29:49.480]  turn down your claim am I hearing music yes I am hang on
[29:49.480 --> 29:55.880]  Randy Kelton Debra Stevens rule of our radio we'll be right back
[29:55.880 --> 30:06.280]  is your social security number and other personal information at risk if it's
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[33:31.760 --> 33:37.480]  okay we are back Randy Kelcom and Demer Stevens rule of law radio on this
[33:37.480 --> 33:43.080]  Thursday the sixth day of October 2016 we're talking to Oliver in Tennessee and
[33:43.080 --> 33:52.240]  Oliver on speaking to judicial conduct it just so happens that just today I got
[33:52.240 --> 34:00.920]  two emails from someone in Brooklyn these emails go to judicial conduct now
[34:00.920 --> 34:09.640]  they are articles about how New York is handling judicial conduct complaints but
[34:09.640 --> 34:18.480]  they are very appropriate to what you're doing and you can be relatively sure
[34:18.480 --> 34:25.040]  that every state will handle these issues and if not exactly the same very
[34:25.040 --> 34:35.360]  close to the exact same method and what it talks about is those issues for which
[34:35.360 --> 34:42.920]  a judge will be removed from the bench so I will email forward those links to
[34:42.920 --> 34:47.720]  you and if anybody else out there would like to see these links just send me an
[34:47.720 --> 34:53.320]  email and I will forward them to you they were very well done and they give
[34:53.320 --> 35:01.800]  you a real good feel for how the courts handle the law concerning judicial
[35:01.800 --> 35:08.400]  conduct I've seen a version of Tennessee's on the actual site on
[35:08.400 --> 35:15.800]  actually to Tennessee's website of court rules and everything and it tells how
[35:15.800 --> 35:23.160]  they would be sanctioned or removed from the bench well this one yeah I've got
[35:23.160 --> 35:28.040]  that too but this was unique this is different in that it was more in the
[35:28.040 --> 35:35.520]  order of a brief or a treatise focus yeah he says yeah this is what the law
[35:35.520 --> 35:42.080]  says over here but this is what they just almost will never sanction a judge
[35:42.080 --> 35:47.680]  for and these are the things they will sanction a judge for so it'll give you a
[35:47.680 --> 35:55.440]  better idea of what the state wants from their judges and it's not always obvious
[35:55.440 --> 36:01.920]  because you're from the position of the plaintiff and their position is from the
[36:01.920 --> 36:07.760]  state side so they have a different perspective okay I understand what you're
[36:07.760 --> 36:11.280]  saying and that's why I'm trying to ask you because when I went and when I read
[36:11.280 --> 36:16.680]  the instructions their perspective I wanted to make sure that what I'm
[36:16.680 --> 36:20.240]  getting together because they're on their perspective they said that there's
[36:20.240 --> 36:25.120]  like I guess there's a code of judicial conduct like the code that they can't
[36:25.120 --> 36:30.720]  violate this yes they're generally called cannons right right the cannon is
[36:30.720 --> 36:35.680]  right I found them and then in the cannon it shows that I could find a
[36:35.680 --> 36:40.520]  fact of finally two cannons that the judge violated outright with the
[36:40.520 --> 36:46.680]  information written down on paper that I have and what I submitted those cannons
[36:46.680 --> 36:52.880]  fit perfectly okay then this is how you write your complaint you take the cannon
[36:52.880 --> 36:58.720]  and the cannon says the judge shall not or should not do this thing right you
[36:58.720 --> 37:05.560]  take that and take the front part off and say the judge did this thing in the
[37:05.560 --> 37:14.800]  precise verbiage of the cannon okay I always do it that way and the judge did
[37:14.800 --> 37:23.520]  this thing as follows colon and then you explain what the judge you did that
[37:23.520 --> 37:31.960]  amounted to this thing okay gives it a nice crisp
[37:31.960 --> 37:39.520]  presentation I have this written into the bar grievance proceed bar grievance
[37:39.520 --> 37:46.560]  tool but I don't have judicial conduct compiled into a questionnaire format
[37:46.560 --> 37:52.520]  like I do bar grievance but I'm working on it and I'm using the American Bar
[37:52.520 --> 38:01.520]  Association model standards okay all of the states I think except three have
[38:01.520 --> 38:09.800]  accepted the bar associations model standards for lawyers and for judges and
[38:09.800 --> 38:17.680]  if you go through any of them what's wrong for a judge or a lawyer in one
[38:17.680 --> 38:22.040]  state is going to be just as wrong in another state for every state I've
[38:22.040 --> 38:29.560]  looked at the only differences I found is how they number it and some minor
[38:29.560 --> 38:34.720]  differences in wording so if you're if you get the it doesn't matter which one
[38:34.720 --> 38:41.360]  you use okay um right now we have like 12 between me and my brother my friend
[38:41.360 --> 38:47.800]  we have about 12 13 judicial comment complaint written up now is that would
[38:47.800 --> 38:51.440]  that make a statement to where we when we go through our rest of our proceedings
[38:51.440 --> 38:57.120]  well they get the message is that enough oh let me let me give you this kind of a
[38:57.120 --> 39:05.960]  idea of how to do it how to do it so that they do get the message whatever
[39:05.960 --> 39:15.280]  you do do not send them all at once no look look at them and try to kind of set
[39:15.280 --> 39:22.840]  them up so that one tends to lead to the next or you do them in the
[39:22.840 --> 39:27.480]  chronological order with that they occurred if you can't do them in
[39:27.480 --> 39:32.720]  chronological order like if they all happened in one hearing then you try to
[39:32.720 --> 39:40.440]  structure them so you can show how one tends to lead to the other yeah you
[39:40.440 --> 39:48.040]  send in one this week you see it in the next next week do not make two claims on
[39:48.040 --> 39:59.520]  one complaint one one cannon one complaint or one claim each complaint
[39:59.520 --> 40:04.240]  week apart if you put them too close together they'll gather them all
[40:04.240 --> 40:09.720]  together and treat them as one complaint and deny the whole thing you send them
[40:09.720 --> 40:14.360]  in a week apart that can't do that how can they deny if the evidence is
[40:14.360 --> 40:22.280]  concrete well if it goes to judicial conduct it goes strictly to the
[40:22.280 --> 40:31.200]  discretion of the Commission and for the most part there they're really there not
[40:31.200 --> 40:39.920]  to discipline the judges but to act as a public relations agency for the judges
[40:39.920 --> 40:44.640]  now that's how it works in the real world that's not how it should be but
[40:44.640 --> 40:50.040]  that's how it is the only time a judge is going to get sanctioned is when he has
[40:50.040 --> 41:00.320]  political enemies or you can show him to be an embarrassment or a liability and
[41:00.320 --> 41:08.080]  if you and your brother start stacking these in there every week they get a
[41:08.080 --> 41:14.600]  new one against this guy every one of them puts a pebble on the wrong side of
[41:14.600 --> 41:22.760]  the judges scale and it puts marks on his record that never go away that's
[41:22.760 --> 41:28.520]  what part of what makes you the baddest motor scooter in the building there is
[41:28.520 --> 41:32.840]  no lawyer in his right professional mind that would do a thing like that to a
[41:32.840 --> 41:38.320]  judge but you're not a lawyer and you're not going to bring clients in front of
[41:38.320 --> 41:45.440]  him so he can screw next week no you're you're the one thing they can't control
[41:45.440 --> 41:52.400]  but never forget the high court judge in Australia that said mr. Brown you need
[41:52.400 --> 42:02.720]  to get a lawyer I can control a lawyer I can't control you this you told me to
[42:02.720 --> 42:10.040]  write amended complaint on the on the lawsuit that one of the judges to
[42:10.040 --> 42:15.960]  respond to a and dismissed I wrote I wrote the amended complaint I fixed
[42:15.960 --> 42:21.680]  everything and I submitted it and he he heard it and he denied it again saying
[42:21.680 --> 42:32.040]  that well the first time he told he told me what was wrong with the filing and he
[42:32.040 --> 42:37.520]  said the proper way to address him is through the appellate court so he
[42:37.520 --> 42:43.680]  denied he denied it again even though oh okay then he denied you the right okay
[42:43.680 --> 42:50.600]  look in your in the rules you should have a right to if he didn't dismiss with
[42:50.600 --> 42:57.360]  prejudice you have a right to file an amended pleading right so look to the
[42:57.360 --> 43:06.560]  rules he denied your amended pleading be not because it lacked merit but because
[43:06.560 --> 43:12.800]  he had already denied your original so I take it he didn't state he didn't
[43:12.800 --> 43:19.560]  address the fact that you had corrected the errors from the first one oh good
[43:19.560 --> 43:28.160]  so this is a you file against him for denial of your right to file an amended
[43:28.160 --> 43:36.560]  now if he had said that this filing did not correct the errors that would change
[43:36.560 --> 43:43.960]  the music hang on we're going to break we do need to move along we come back
[43:43.960 --> 43:50.840]  we've got three more callers and okay we'll be right back
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[46:21.440 --> 46:28.440]  okay we are back ready to help with our radio and we're talking to Olivier in
[46:28.440 --> 46:34.000]  Tennessee okay go ahead we need to kind of close up kind of quickly because we
[46:34.000 --> 46:38.520]  got a bunch more people waiting okay you told me to sue the judge on the
[46:38.520 --> 46:47.600]  amended complaint failure to amend my main complaint have you filed in this
[46:47.600 --> 46:56.080]  case you need to file a motion for reconsideration and argue that you have
[46:56.080 --> 47:00.800]  a look in your rules I think your rules are going to say you have a right to
[47:00.800 --> 47:10.960]  file an amended one amended appeal right and denied it was the reason he denied
[47:10.960 --> 47:17.520]  it is the problem if he had denied it because it it didn't correct the errors
[47:17.520 --> 47:23.920]  in the original denial that would have been different then you would file for a
[47:23.920 --> 47:30.600]  motion for a new trial or in tech in the Fed they call that a motion for
[47:30.600 --> 47:35.440]  reconsideration they're both affected with the same thing you're asking for a
[47:35.440 --> 47:42.640]  rehearing on the issues and you write an argument showing what the law what the
[47:42.640 --> 47:49.840]  facts were what the law was and the ruling the judge should have given and
[47:49.840 --> 47:54.560]  that that's kind of the beginning of your appellate document he's definitely
[47:54.560 --> 47:59.600]  going to deny it but if you're in the Fed they require that before you can
[47:59.600 --> 48:06.320]  appeal no I did I put a motion I put a motion for new trial and the terms of
[48:06.320 --> 48:13.760]  the situation he denied it he told me the proper way was to go through the
[48:13.760 --> 48:22.080]  appeal court okay that'll work now you get to go to the appeals court and see
[48:22.080 --> 48:27.080]  what they say so it's you're standing on law and we've got Jeff from Mississippi
[48:27.080 --> 48:32.240]  coming up next and that's where he won was in the appeals court and that's
[48:32.240 --> 48:35.880]  pretty much what we tell everybody and you're doing exactly what you should be
[48:35.880 --> 48:43.640]  doing you're setting a record for appeal you're not leaving anything out
[48:45.280 --> 48:54.440]  okay we need to move ahead all right thank you thank you Olivier and now we're
[48:54.440 --> 49:01.720]  going to Jeff in Mississippi hello mr. Jeff hey Randy thanks for having me on
[49:01.720 --> 49:09.760]  glad to have you how are things going in your case well I am moving forward with
[49:09.760 --> 49:18.960]  my federal suit and I hope that Olivier replays the audio later when you post
[49:18.960 --> 49:23.800]  it on the board because with the judicial complaints and stuff what I'm
[49:23.800 --> 49:30.680]  finding is that I already wrote those out and sent those in and I'm not so
[49:30.680 --> 49:34.880]  worried right now if the judicial conduct committee actually does
[49:34.880 --> 49:38.480]  something to the judge what I'm concerned with is that I make a record
[49:38.480 --> 49:46.600]  because I'm now getting involved with municipal or city policy and so what
[49:46.600 --> 49:50.960]  I'm trying to show is that there was either a policy of action or inaction
[49:50.960 --> 49:58.360]  and those judicial complaints help because it keeps a record but what what I
[49:58.360 --> 50:05.320]  wanted to ask you is I've written down I've got three questions I've been going
[50:05.320 --> 50:10.520]  through some case law and what I found is a lot of the case law especially by
[50:10.520 --> 50:15.520]  the time it gets to the Supreme Court where they've listed parties and parties
[50:15.520 --> 50:20.400]  are going after each other a lot of those parties are no longer employed or
[50:20.400 --> 50:25.240]  live in the same area and the Supreme Court will even say that they'll say
[50:25.240 --> 50:29.560]  that Joe Blow used to live in Cincinnati he's you know he's not here anymore or
[50:29.560 --> 50:35.680]  what have you and so my first question is I'm going to go to court and I've
[50:35.680 --> 50:40.120]  already lost a party we talked about this last week we had a Dean of a school
[50:40.120 --> 50:47.320]  that has moved off and my concern is if the defendant jumps up and says well you
[50:47.320 --> 50:51.520]  need to dismiss the case because we're missing one of the one of the deans of
[50:51.520 --> 50:56.520]  the college he's gone I'm not really sure how I can respond to that how would
[50:56.520 --> 51:02.240]  you say okay you can say that since you're not suing the Dean in his
[51:02.240 --> 51:12.160]  personal capacity that okay his presence is not relevant and you could refile and
[51:12.160 --> 51:20.480]  dismiss him from the suit if the court considers him this if this becomes an
[51:20.480 --> 51:28.120]  issue then you can just file an amended and drop him from the suit okay if they
[51:28.120 --> 51:36.360]  have not raised the issue at up until now then by the time you get to trial it
[51:36.360 --> 51:41.600]  will be too late to raise that issue oh no they've raised it and all of their
[51:41.600 --> 51:45.080]  answers they're they're saying oh we can't find this guy we can't find this
[51:45.080 --> 51:49.160]  guy so when they get to court I have the feeling they're going to start crying
[51:49.160 --> 51:52.120]  about it they're going to want to dismiss case claiming that it's not a
[51:52.120 --> 52:00.200]  complete case just filing non-suit non-suit this guy now do I want to do
[52:00.200 --> 52:06.800]  that after trial if it no if you're going to non-suit him do it before trial
[52:06.800 --> 52:13.000]  since he's you're unable to locate him and he is not absolutely necessary to
[52:13.000 --> 52:19.160]  the proper adjudication of the case just non-suit him now what in that what
[52:19.160 --> 52:24.200]  happens in the case is someone dies you're suing three defendants and one of
[52:24.200 --> 52:29.200]  them died over the course and then you get to trial your claim dies with him
[52:29.200 --> 52:35.200]  your claim against him dies with him against him okay yeah okay but otherwise
[52:35.200 --> 52:41.800]  you can carry on to the other people exactly and your question about moving
[52:41.800 --> 52:46.880]  there was a place I thought you were going but you didn't is you filed suit
[52:46.880 --> 52:52.200]  and they say well this guy doesn't live here anymore I thought you were going to
[52:52.200 --> 53:00.240]  ask if that changed venue and venue venue applies at the time you filed the
[53:00.240 --> 53:09.520]  suit okay if if you could simply move to another state and get the suit thrown
[53:09.520 --> 53:13.360]  out you know people be doing changing their addresses all the time for that
[53:13.360 --> 53:21.920]  purpose mm-hmm so you had to have had the court had to have had jurisdiction
[53:21.920 --> 53:29.920]  when the case was initiated all right and once it starts then they move
[53:29.920 --> 53:36.400]  wherever they want to and it doesn't change if nothing happens between now
[53:36.400 --> 53:39.840]  and trial and then I get there and then they surprise me and start crying about
[53:39.840 --> 53:45.600]  the the person that moved away can I just non-suit him there in trial yes
[53:45.600 --> 53:52.840]  have a non-suit with you oh okay and then then I can just hand it to the judge
[53:52.840 --> 54:00.000]  and say let's take care of it now yes got it that's it that should handle
[54:00.000 --> 54:05.120]  that issue that should really put them off their game because they probably
[54:05.120 --> 54:13.120]  won't see that coming that's great okay I'll definitely do that in my I'm
[54:13.120 --> 54:18.280]  looking over my complaints and as I go along I look back and see what I didn't
[54:18.280 --> 54:22.640]  know and on a lot of my complaints I'm asking for injunctive relief
[54:22.640 --> 54:29.000]  declarative relief or I'm not asking for declarative relief relief in some cases
[54:29.000 --> 54:34.080]  and I really don't know what I'm doing so if by the time I get to trial I
[54:34.080 --> 54:38.560]  figured out that I have left something out with the injunctive or declarative
[54:38.560 --> 54:46.000]  can I ask for injunctive and declarative relief right there during trial no okay
[54:46.000 --> 54:53.920]  that that's surprise and you can't do surprise in civil before trial you can
[54:53.920 --> 54:59.800]  request permission of the court to file an amended pleading to correct
[54:59.800 --> 55:07.800]  technical errors in the suit and they will almost always allow that okay next
[55:07.800 --> 55:15.640]  I have big questions on official capacity and personal capacity and what
[55:15.640 --> 55:19.960]  I've got is I've got some stuff that I downloaded and I'm going to read off
[55:19.960 --> 55:25.120]  three phrases or paragraphs to you and I just want you I really don't know what
[55:25.120 --> 55:28.840]  they mean so I want you to explain them to me the first is where the plaintiff
[55:28.840 --> 55:33.400]  is seeking damages against a state official personal capacity is preferred
[55:33.400 --> 55:39.840]  because official capacity is barred what does that mean that means that official
[55:39.840 --> 55:46.160]  a public official while he's acting within the scope of his official
[55:46.160 --> 55:57.720]  capacity has qualified immunity you must take him outside of scope okay example
[55:57.720 --> 56:04.680]  police officer sent to in El Paso sent to pick up this 19 year old girl and
[56:04.680 --> 56:10.800]  take her from one jail one location to another he stops on the way for a
[56:10.800 --> 56:18.520]  little recreation and rapes her she sued him he claimed that he was acting in his
[56:18.520 --> 56:24.680]  official capacity when he has when he was transporting a prisoner and the court
[56:24.680 --> 56:35.160]  said rape is not within scope any violation of law is not within scope the
[56:35.160 --> 56:41.440]  officer is acting under an oath of office where he's as a the oath is the
[56:41.440 --> 56:47.440]  contract and in the contract he agreed to uphold the cons about uphold the laws
[56:47.440 --> 56:54.840]  of the state and protect the Constitution so that puts him ultra vibrates outside
[56:54.840 --> 57:02.120]  the scope of the contract and then that's why you go after impersonal okay
[57:02.120 --> 57:08.880]  okay next phrase is or sentence state officials sued in official capacity for
[57:08.880 --> 57:15.640]  damages are not persons I have no idea what that means
[57:15.640 --> 57:22.000]  it's got to be not only that okay I'll move on state officials sued in their
[57:22.000 --> 57:30.200]  official capacity for injunctive relief are persons yes they are and you can
[57:30.200 --> 57:36.960]  always sue for injunctive relief and that nobody has immunity from a suit for
[57:36.960 --> 57:42.840]  injunctive relief all right but injunctive you you mentioned injunctive
[57:42.840 --> 57:48.840]  in declaratory essentially they're both the same thing the first one was damages
[57:48.840 --> 57:54.840]  state officials sued in their official capacity for damages are not persons are
[57:54.840 --> 57:59.280]  they saying you can't get any money out of these people yes they're saying you
[57:59.280 --> 58:06.880]  can't sue that's because they have immunity okay I'm not sure why they use
[58:06.880 --> 58:11.400]  that term exactly that way I'd have to look at the context but I would expect
[58:11.400 --> 58:15.920]  it's going to go to that because you can sue persons and this could be in this
[58:15.920 --> 58:21.440]  capacity he's not a person who can't be sued hang on we're late have to go to
[58:21.440 --> 58:27.040]  break Randy Kelton Deborah Stevens rule of law radio I call him number five one
[58:27.040 --> 58:31.680]  two six four six nineteen eighty four and going top of the hour break it's a
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[01:00:37.360 --> 01:00:47.760]  today in history the year 1928 Sir Alexander Fleming notices bacteria
[01:00:47.760 --> 01:00:51.760]  killing mold growing in his laboratory in essence discovering what later became
[01:00:51.760 --> 01:01:00.280]  known as penicillin today in history in recent use FBI director James Comey
[01:01:00.280 --> 01:01:04.560]  while being asked about the FBI warning sent to states in June and two
[01:01:04.560 --> 01:01:07.800]  successful intrusions into voter registration databases in Illinois and
[01:01:07.800 --> 01:01:12.120]  Arizona told the House committee during an FBI oversight hearing Wednesday today
[01:01:12.120 --> 01:01:16.560]  that quote there have been a variety of scanning activities which is a preamble
[01:01:16.560 --> 01:01:20.000]  for potential intrusion activities as well as some attempted intrusions at
[01:01:20.000 --> 01:01:24.040]  voter database registrations beyond those we knew about in July and August
[01:01:24.040 --> 01:01:27.420]  though he did assure that the actual voting systems are not connected to the
[01:01:27.420 --> 01:01:31.520]  internet and are decentralized rendering the hacking of any national election
[01:01:31.520 --> 01:01:35.440]  essentially impossible he went on to say that we are urging the states just to
[01:01:35.440 --> 01:01:39.320]  make sure that their deadbolts are thrown and their locks are on and to get
[01:01:39.320 --> 01:01:43.000]  the best information they can just to make sure that their systems are secure
[01:01:43.000 --> 01:01:51.400]  because there's no doubt that some bad actors have been poking around both the
[01:01:51.400 --> 01:01:54.440]  Senate and the House voted Wednesday today in favor of the Justice Against
[01:01:54.440 --> 01:01:58.100]  Sponsors of Terrorism Act or JASTA overruling the veto the Obama
[01:01:58.100 --> 01:02:01.680]  administration made last week and the disregarding of warnings from top
[01:02:01.680 --> 01:02:05.400]  Pentagon officials the bill allows family members of 9-eleven victims to
[01:02:05.400 --> 01:02:09.320]  sue Saudi Arabia for backing up the attackers as outlined in the recently
[01:02:09.320 --> 01:02:13.520]  disclosed 28 pages of the 9-eleven Commission report Obama even went as far
[01:02:13.520 --> 01:02:16.760]  as to send a letter to the Senate leaders on Tuesday warning that other
[01:02:16.760 --> 01:02:20.960]  countries could use JASTA to justify similar immunity exceptions to target
[01:02:20.960 --> 01:02:24.960]  the US political advisors are concerned that Saudi Arabia could in response to
[01:02:24.960 --> 01:02:28.800]  the law pull billions of dollars from the US economy and persuade close
[01:02:28.800 --> 01:02:33.360]  allies in the Gulf Cooperation Council to scale back counterterrorism cooperation
[01:02:33.360 --> 01:02:37.840]  investment and US access to important regional military bases Saudi Foreign
[01:02:37.840 --> 01:02:42.400]  Minister Adil al-Jubeir also told reporters back in June that the US had
[01:02:42.400 --> 01:02:59.240]  the most to lose if JASTA was enacted
[01:03:12.400 --> 01:03:37.640]  okay we are back Randy Kelton Debra Stevens ruler radio and over the break I
[01:03:37.640 --> 01:03:44.720]  was corrected I was absolutely wrong I don't know I know what I was thinking
[01:03:44.720 --> 01:03:51.200]  when Jeff asked me what happens when a litigant dies I was thinking about
[01:03:51.200 --> 01:03:56.600]  talking to Mark last week about this lawyer who killed himself and when a
[01:03:56.600 --> 01:04:04.720]  prosecution against a person is in place and the person dies the prosecution dies
[01:04:04.720 --> 01:04:13.120]  with him but in a civil matter the prosecution did the civil claim does not
[01:04:13.120 --> 01:04:21.640]  die it goes against his estate my bad totally wrong first time and Debra got to
[01:04:21.640 --> 01:04:28.920]  be there to catch me and I do appreciate being corrected I have goofed up at
[01:04:28.920 --> 01:04:33.040]  times and this time I actually knew better and I don't know why that came
[01:04:33.040 --> 01:04:39.440]  out of my mouth I'm just thinking about criminal and if I if you find me an
[01:04:39.440 --> 01:04:46.160]  error please be sure to let me know because I don't know it all and I don't
[01:04:46.160 --> 01:04:55.120]  want to put out anything that's inaccurate okay back to Jeff well Randy
[01:04:55.120 --> 01:05:00.240]  that raises a good question because I've got a friend that is going to put in a
[01:05:00.240 --> 01:05:06.760]  federal complaint in 1983 against police officers but one of them did die so she
[01:05:06.760 --> 01:05:12.040]  could leave that person as a party and then still sue either his estate or the
[01:05:12.040 --> 01:05:19.720]  city through his name or so yes okay and this is something else Debra mentioned
[01:05:19.720 --> 01:05:24.200]  over the break the statute of limitations for suing an estate is
[01:05:24.200 --> 01:05:30.000]  generally less than the statute of limitations for suing the living person
[01:05:30.000 --> 01:05:36.060]  so you might want to check that okay my last question and I'm going to break it
[01:05:36.060 --> 01:05:40.480]  into two parts back to what we were talking about injunctive relief state
[01:05:40.480 --> 01:05:43.880]  officials sued in their official capacity for injunctive relief our
[01:05:43.880 --> 01:05:50.320]  persons for 1983 and you totally agreed however my question is is if we take
[01:05:50.320 --> 01:05:56.800]  Olivier from Tennessee he was arrested but now he's free the girl in El Paso she
[01:05:56.800 --> 01:06:02.440]  was raped but now she's not being raped so how can you ask for injunctive relief
[01:06:02.440 --> 01:06:08.680]  and how can my second part is how can you get money from that well okay you
[01:06:08.680 --> 01:06:15.640]  could ask for injunctive release is you could ask for the removal of the officer
[01:06:15.640 --> 01:06:21.400]  from office and for prosecution against it got it
[01:06:21.400 --> 01:06:27.280]  John injunctive relief you're just asking for something that doesn't include financial
[01:06:27.280 --> 01:06:37.720]  recovery all right okay that one was two parts that was the first part oh yeah
[01:06:37.720 --> 01:06:44.320]  and then the money part okay money's different like with the girl that got
[01:06:44.320 --> 01:06:48.880]  raped okay how could she come back and and get fifty thousand dollars oh she
[01:06:48.880 --> 01:06:58.360]  can sue him for procedural due process violations okay he acted outside scope
[01:06:58.360 --> 01:07:06.160]  and denied her in her right to be well now he becomes a rapist mm-hmm and he
[01:07:06.160 --> 01:07:12.720]  created he that was a tort against her so she can sue him in tort in his
[01:07:12.720 --> 01:07:22.200]  personal capacity in this capacity the governmental agency would only have a
[01:07:22.200 --> 01:07:28.280]  tangential liability they're liable because they employed they put him
[01:07:28.280 --> 01:07:35.720]  there but primarily he acted outside the scope of his employment outside their
[01:07:35.720 --> 01:07:43.040]  rules so they may or may not be able to indemnify him almost certainly they
[01:07:43.040 --> 01:07:47.520]  won't be able to so that would be a different lawsuit she would have to
[01:07:47.520 --> 01:07:54.320]  bring in a separate suit but no no she could name them both in one suit that
[01:07:54.320 --> 01:07:58.640]  would make any difference okay they're just different litigants and
[01:07:58.640 --> 01:08:03.040]  different claims against the different litigants the court wants you to bring
[01:08:03.040 --> 01:08:11.200]  all your claims arising from an incident in the same action they don't want you
[01:08:11.200 --> 01:08:14.920]  to break it up in a bunch of different if you tried to do that they would file
[01:08:14.920 --> 01:08:22.200]  a motion for Joinder okay so in a lip
[01:08:24.280 --> 01:08:31.960]  you kind of broke up there Jeff I'm sorry in Olivia's case he could he could
[01:08:31.960 --> 01:08:36.560]  ask for injunctive relief by asking for the removal of that officer that put
[01:08:36.560 --> 01:08:41.760]  him in jail then in the same complaint he could ask for money relief because of
[01:08:41.760 --> 01:08:51.480]  a due process violation exactly okay and my suggestion is especially if you file
[01:08:51.480 --> 01:09:01.080]  in the Fed always ask for something in the form of injunctive relief okay
[01:09:01.080 --> 01:09:05.320]  because otherwise you're going to get a rule twelve motion to dismiss for
[01:09:05.320 --> 01:09:10.160]  failure to state a claim on which cover can be had well an injunctive relief
[01:09:10.160 --> 01:09:18.880]  does not include recovery I had Judge McBride in Fort Worth dismiss my
[01:09:18.880 --> 01:09:24.560]  petition for injunctive relief because I failed to make a claim for which
[01:09:24.560 --> 01:09:33.080]  recovery could be had got him dead bang and I've already filed criminal charges
[01:09:33.080 --> 01:09:38.520]  against him and the clerks hit my criminal charges back so next month this
[01:09:38.520 --> 01:09:42.720]  month I'm going to the grand jury against my local district judge I took
[01:09:42.720 --> 01:09:45.200]  my complaints back from the district attorney and I'll give them to him
[01:09:45.200 --> 01:09:51.920]  myself next month I'll go file a complaint with them against Judge McBride
[01:09:51.920 --> 01:09:58.320]  I'm going to accuse the federal judge of violating it violating a state law
[01:09:58.320 --> 01:10:06.000]  official oppression we see how that works out okay all right Randy thank you
[01:10:06.000 --> 01:10:10.440]  that's all I've got I'll call in next week okay thank you Jeff now we're going
[01:10:10.440 --> 01:10:19.040]  to go to Stephen in California hello Stephen good evening mr. Kelton good
[01:10:19.040 --> 01:10:27.040]  evening what do you have for us today well it's timely it has to do with that
[01:10:27.040 --> 01:10:32.920]  area in Florida where my courthouse stands it's in the trajectory to be
[01:10:32.920 --> 01:10:41.240]  landfall in a few hours getting in front of Hurricane Matthew oh interesting yeah
[01:10:41.240 --> 01:10:47.920]  but Florida's kind of used to that you could be but I don't think that the
[01:10:47.920 --> 01:10:54.960]  deposed the depositions of the two officers who arrested me unlawfully for
[01:10:54.960 --> 01:11:00.400]  family violence which they had no proof of so they had to drop they still have
[01:11:00.400 --> 01:11:05.800]  two assaults against me and are resisting for my wife so we have
[01:11:05.800 --> 01:11:09.840]  depositions with those officers if that doesn't happen do that flooded court
[01:11:09.840 --> 01:11:16.160]  buildings or whatever how does that affect our trial or our case and how
[01:11:16.160 --> 01:11:20.800]  does it affect that the speedy trial aspect of it okay they would have no
[01:11:20.800 --> 01:11:31.040]  evidence except that all your evidence now is going to be in the cyberspace so
[01:11:31.040 --> 01:11:38.000]  that will probably won't help you much but the definition that the depositions
[01:11:38.000 --> 01:11:43.880]  of the officers if they're not sufficient you gotta understand there
[01:11:43.880 --> 01:11:49.280]  they've screwed up on some of the complaints on the primary complaints so
[01:11:49.280 --> 01:11:55.640]  they're just trying to use these others to squeeze you into making a deal right
[01:11:55.640 --> 01:12:06.440]  and almost always when you get to the courthouse steps they drop we had Mike
[01:12:06.440 --> 01:12:12.640]  the water bottle guy in Austin he took him on he went into the courthouse and
[01:12:12.640 --> 01:12:22.480]  they arrested him for pointing a deadly weapon at the officers he was pointing a
[01:12:22.480 --> 01:12:29.640]  digital recorder at them holding it up and asking him to speak into it and they
[01:12:29.640 --> 01:12:36.480]  arrested him well they fought him like a tiger and he fought them back and they
[01:12:36.480 --> 01:12:41.240]  tried to everything they could to get him to take a deal when they got to the
[01:12:41.240 --> 01:12:49.000]  courthouse steps they asked him to take a deal he said absolutely not they walked
[01:12:49.000 --> 01:12:57.000]  into the court and dismissed everything they knew they had no case but they just
[01:12:57.000 --> 01:13:05.320]  used the prosecution in order to try to force him to take a deal yeah and that's
[01:13:05.320 --> 01:13:13.280]  what sounds like in your case what if they lose records of witnesses we have
[01:13:13.280 --> 01:13:18.760]  a change yet or something of that nature 9-eleven calls or something because
[01:13:18.760 --> 01:13:25.800]  they're literally if they lose the evidence then they can't prosecute you
[01:13:25.800 --> 01:13:31.520]  see these movies where the bad guy wants to kill the witness yeah so what was
[01:13:31.520 --> 01:13:43.840]  prosecution loses the witness they don't have anything okay okay well you know
[01:13:43.840 --> 01:13:51.120]  regarding Galveston come on vacation leave on probation that you were you
[01:13:51.120 --> 01:13:57.360]  know there there when that sprung about probably given the ideas but is that
[01:13:57.360 --> 01:14:02.920]  something that I could do if I came up with a really good relevant means like a
[01:14:02.920 --> 01:14:07.400]  YouTube video or something could that be done concurrently what I'm thinking
[01:14:07.400 --> 01:14:11.200]  along the lines of is how the lawyers tell me oh no criminal case you can't
[01:14:11.200 --> 01:14:17.160]  do anything civil until that criminals closed well that's just horse manure
[01:14:17.160 --> 01:14:22.080]  that's not true that's the legal definition the legal specification is
[01:14:22.080 --> 01:14:29.240]  horse manure of course you can what the lawyers are saying yes is that your
[01:14:29.240 --> 01:14:38.240]  civil claims may not be right until the criminal prosecution is completed but
[01:14:38.240 --> 01:14:47.120]  that only applies to something that is ongoing if they committed assault
[01:14:47.120 --> 01:14:53.200]  against you they committed assault against you and that's done without
[01:14:53.200 --> 01:14:59.120]  regard to what you're charged with if they committed aggravated perjury that's
[01:14:59.120 --> 01:15:06.440]  a done deal mm-hmm so you can it depends on what the nature of your claim is is
[01:15:06.440 --> 01:15:13.680]  whether or not it would be right understood and same applies to what
[01:15:13.680 --> 01:15:18.000]  whether it's right for you to do something that might be media related
[01:15:18.000 --> 01:15:23.960]  that might tarnish their image in the public eye yeah oh that part you can do
[01:15:23.960 --> 01:15:32.160]  your YouTube video you do whatever you want to yep okay they don't have to like
[01:15:32.160 --> 01:15:42.560]  it that's their problem not your problem I'm really appreciating your structured
[01:15:42.560 --> 01:15:48.640]  outline that you sent to me and I'm really appreciating the discussion that
[01:15:48.640 --> 01:15:56.120]  you have online on the air about it the experience of the flow and I've done a
[01:15:56.120 --> 01:16:02.400]  kind of a metaphor analysis using you know lexicon tools just going through
[01:16:02.400 --> 01:16:06.960]  the narrative of the report itself it's a 52 sentence report and I found that
[01:16:06.960 --> 01:16:13.080]  they're accessing deep structure even even things that are in the media public
[01:16:13.080 --> 01:16:16.440]  policy different kinds of you know brainwashing that they put out there
[01:16:16.440 --> 01:16:21.560]  about certain classes of people or whatever and it dovetailed pretty
[01:16:21.560 --> 01:16:28.480]  perfectly to catch us and have a deep structure that's not even in this in the
[01:16:28.480 --> 01:16:32.720]  chart they use the kind of a context of domestic violence oh this person's
[01:16:32.720 --> 01:16:36.960]  criminal and violent and dangerous but anyway I do hope that you'll talk more
[01:16:36.960 --> 01:16:43.240]  about that outlining your e-book is just very fun on the point I think okay hang
[01:16:43.240 --> 01:16:47.720]  on we're about to go to break Randy Kelton Debra Stevens rule our radio I
[01:16:47.720 --> 01:16:52.800]  call in number five one two six four six nineteen eighty four we'll be right
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[01:19:01.480 --> 01:19:17.600]  this is the logos radio
[01:19:31.480 --> 01:19:43.200]  I'm gonna fool me with I was blindsided but now I can see you put the beer in my
[01:19:43.200 --> 01:20:12.960]  pocket ain't gonna fool me with that ain't gonna drop me
[01:20:12.960 --> 01:20:34.360]  okay we are back Randy Kelton Debra Stevens rule of law radio and we're
[01:20:34.360 --> 01:20:41.400]  talking to Stephen in California okay Stephen what do you have planned for
[01:20:41.400 --> 01:20:51.640]  these guys have you filed any complaints against them yet no I haven't you might
[01:20:51.640 --> 01:20:56.680]  you might look at that you might you know they're doing things that will
[01:20:56.680 --> 01:21:03.840]  damage you into the future red rather you found guilty or innocent that's
[01:21:03.840 --> 01:21:09.880]  going to damage your least marks on your record forever so put a few marks on
[01:21:09.880 --> 01:21:15.680]  their chart and you can file a professional conduct complaint against
[01:21:15.680 --> 01:21:24.000]  the officers yeah and the officers will have a internal affairs section that
[01:21:24.000 --> 01:21:29.560]  will examine in your complaints and filing find in favor of the officer
[01:21:29.560 --> 01:21:36.080]  every time because they all got the schnauz in the same trough but you don't
[01:21:36.080 --> 01:21:45.720]  care because it puts the mark on his chart yeah and you can accuse the
[01:21:45.720 --> 01:21:50.840]  officers of using excessive force and making making up this charge of
[01:21:50.840 --> 01:21:57.000]  resisting arrest and what this is gonna do is it goes on their record and this
[01:21:57.000 --> 01:22:01.960]  is one of the things officers do all the time if you don't do exactly what they
[01:22:01.960 --> 01:22:06.640]  say when they say how they say they've charged you with resisting arrest
[01:22:06.640 --> 01:22:12.640]  whether it's valid or not so you put a mark on their chart for falsely accusing
[01:22:12.640 --> 01:22:21.160]  you of resisting arrest doesn't matter what the whatever agency it is in
[01:22:21.160 --> 01:22:27.120]  Florida that police is the police it's gonna leave the complaint on this record
[01:22:27.120 --> 01:22:33.360]  forever and forgets enough of them you know if he gets one from you this one
[01:22:33.360 --> 01:22:41.160]  from me your wife and look at each infraction if you used force against you
[01:22:41.160 --> 01:22:46.840]  when he didn't need to if he lied on the report you charge him with perjury in a
[01:22:46.840 --> 01:22:55.740]  separate complaint and make sure they're at least a week apart and judicial
[01:22:55.740 --> 01:23:01.400]  conduct complaint the judge bar grieve the lawyer you've got to know they're
[01:23:01.400 --> 01:23:07.920]  not going to cut you any slack they yeah they don't care if you're guilty or
[01:23:07.920 --> 01:23:15.440]  innocent the judge prosecutor they do not care in the real world we live in all
[01:23:15.440 --> 01:23:23.080]  thereafter the judge doesn't make any benefit from your making a deal other
[01:23:23.080 --> 01:23:29.480]  than he doesn't have to sit through your trial and he don't want to sit through
[01:23:29.480 --> 01:23:37.200]  your trial he'd rather be out playing golf the prosecutor he's got a stack of
[01:23:37.200 --> 01:23:43.240]  cases on his desk he's trying to get through and he wants you to make a deal
[01:23:43.240 --> 01:23:50.240]  to get your case off his desk what well the more trouble you cause him the more
[01:23:50.240 --> 01:23:56.440]  reason he's got to make your case go away okay if you don't cause him trouble
[01:23:56.440 --> 01:24:03.960]  he has no reason to do anything but squeeze you for every dime he thinks he
[01:24:03.960 --> 01:24:11.520]  can possibly get got it so you start grieving here is that him and his adas
[01:24:11.520 --> 01:24:19.960]  they're gonna have a fit yep especially if you got an ADA an assistant
[01:24:19.960 --> 01:24:24.120]  district attorney because they're not going to stay in the district attorney's
[01:24:24.120 --> 01:24:27.280]  office they get out and try to get into private practice and they get all these
[01:24:27.280 --> 01:24:31.280]  grievances against them they're not going to be able to afford malpractice
[01:24:31.280 --> 01:24:38.960]  insurance yeah our adas are rookies they're really wanting just a couple
[01:24:38.960 --> 01:24:46.880]  years into the job no he's a good one to hammer he is really going to be
[01:24:46.880 --> 01:24:56.800]  unhappy these are the things the pro se can do that lawyers can't do so apply
[01:24:56.800 --> 01:25:04.240]  the politics to them mm-hmm okay do you have anything else for us yeah real
[01:25:04.240 --> 01:25:08.160]  quick back with the structured outline and your e-book which I'm so enamored
[01:25:08.160 --> 01:25:12.200]  with it's really good I came across something as I was analyzing their
[01:25:12.200 --> 01:25:17.840]  narrative to prepare for the trial and I call it well hostile attribution bias
[01:25:17.840 --> 01:25:22.640]  there's all kinds of biases that they actually use in their narratives to
[01:25:22.640 --> 01:25:30.740]  frame us and I'm reminded of Bob Dylan famous hurricane song frame a person put
[01:25:30.740 --> 01:25:35.960]  them in a frame of suspicions that's a classic deal but these biases that they
[01:25:35.960 --> 01:25:43.160]  done on us like a verb are actually kind of like well maybe they're not
[01:25:43.160 --> 01:25:46.280]  psychotic but they're doing it on purpose so they're trumping up their
[01:25:46.280 --> 01:25:53.280]  lives with things that are actually psychological neuroses so they're
[01:25:53.280 --> 01:26:00.000]  poisoning deaths you're poisoning you well yeah mm-hmm so maybe you're not
[01:26:00.000 --> 01:26:08.000]  really a criminal you're just insane and there you go well I am glad to get the
[01:26:08.000 --> 01:26:16.620]  feedback on that what I thought Stephen asked me to send him the section from my
[01:26:16.620 --> 01:26:23.520]  e-book on flow and I was glad to send that part out because it's new it's
[01:26:23.520 --> 01:26:29.640]  something I'm it's a new argument that's something I've done and studied for 30
[01:26:29.640 --> 01:26:37.800]  years and used I use it all the time but it's not something I've tried to explain
[01:26:37.800 --> 01:26:45.560]  to other people so my explanations aren't as eloquent and compelling as I
[01:26:45.560 --> 01:26:55.560]  would like them to be in fact I'm most of what I explained on the air is done
[01:26:55.560 --> 01:27:01.920]  within the framework of the very tools I'm talking about and trying to
[01:27:01.920 --> 01:27:08.680]  demonstrate how to recognize them how to avoid them when they're inappropriate
[01:27:08.680 --> 01:27:17.200]  and how to use them because in the section of in the section on flow I
[01:27:17.200 --> 01:27:28.080]  address a lot of issues that I warn you to be cautious of to in certain
[01:27:28.080 --> 01:27:35.160]  circumstances avoid these issues but then again there are other circumstances
[01:27:35.160 --> 01:27:41.800]  where you want to use them like artful vagueness when you're writing a
[01:27:41.800 --> 01:27:48.480]  statement of facts you do not want to be vague you want to be very specific you
[01:27:48.480 --> 01:27:54.680]  do not want to use presuppositions you do not want to supplant a conclusion for
[01:27:54.680 --> 01:28:06.480]  a fact but when you're putting forth an argument or your conclusion to the jury
[01:28:06.480 --> 01:28:14.560]  that's exactly what you want to do they want to use these tools and an example
[01:28:14.560 --> 01:28:22.760]  of how you would use them is you only put in the facts that are necessary the
[01:28:22.760 --> 01:28:29.680]  facts that are not really relevant you don't have to be specific or pedantic
[01:28:29.680 --> 01:28:35.760]  with you know I use the illustration from a Dean Kuntz book where he describes
[01:28:35.760 --> 01:28:41.440]  this mobile home a woman lived in where he was going to get some records he
[01:28:41.440 --> 01:28:49.040]  described it in excruciating detail but mobile home didn't have anything to do
[01:28:49.040 --> 01:28:58.200]  with storyline so is irrelevant if he would have said she lived in a quaint
[01:28:58.200 --> 01:29:06.040]  older but very well-kept mobile home I would have created an image in my mind
[01:29:06.040 --> 01:29:12.880]  that was very compelling for me you have created an image in your mind that was
[01:29:12.880 --> 01:29:21.160]  very compelling for you they may not been the same images but it don't matter
[01:29:21.160 --> 01:29:28.520]  because it's not important to the story itself but if I allow you to fill in
[01:29:28.520 --> 01:29:37.280]  some empty blanks with your own content then that engages you in the process of
[01:29:37.280 --> 01:29:44.640]  developing the storyline and then I drop in a hard fact that must be there now
[01:29:44.640 --> 01:29:49.880]  you adjust your images that you're creating to incorporate this hard fact
[01:29:49.880 --> 01:29:58.040]  and then I go to a couple more where I encourage you to put in and we use tools
[01:29:58.040 --> 01:30:05.240]  like patient you must have been a beautiful baby and you must have been a
[01:30:05.240 --> 01:30:09.720]  beautiful child these days a lot of parents are showing off their kids on
[01:30:09.720 --> 01:30:13.400]  the net I'm dr. Catherine Albrecht and I'll be back to tell you why the practice
[01:30:13.400 --> 01:30:19.040]  could be dangerous privacy is under attack when you give up data about
[01:30:19.040 --> 01:30:23.240]  yourself you'll never get it back again and once your privacy is gone you'll
[01:30:23.240 --> 01:30:28.280]  find your freedoms will start to vanish too so protect your rights say no to
[01:30:28.280 --> 01:30:33.080]  surveillance and keep your information to yourself privacy it's worth hanging
[01:30:33.080 --> 01:30:37.560]  on to this public service announcement is brought to you by start page comm the
[01:30:37.560 --> 01:30:42.560]  private search engine alternative to Google Yahoo and Bing start over with
[01:30:42.560 --> 01:30:48.560]  start page the internet can be a scary place but concerns about predators
[01:30:48.560 --> 01:30:52.760]  haven't stopped parents from posting their kids pictures online a recent
[01:30:52.760 --> 01:30:57.800]  study by online security company AVG found that a shocking 92 percent of US
[01:30:57.800 --> 01:31:02.600]  babies have an online presence by age 2 a third of American mothers report
[01:31:02.600 --> 01:31:06.960]  posting snapshots of their newborns online and over 5 percent of US babies
[01:31:06.960 --> 01:31:12.280]  have email addresses or online profiles years before they can even type most of
[01:31:12.280 --> 01:31:15.840]  these parents merely want to share their happiness with friends and family but
[01:31:15.840 --> 01:31:19.320]  please give some thought to how strangers might abuse the information
[01:31:19.320 --> 01:31:24.040]  play it safe and keep photos private I've got your Catherine Albrecht more
[01:31:24.040 --> 01:31:32.560]  news and information at Catherine Albrecht calm this is building 7 a 47
[01:31:32.560 --> 01:31:36.560]  story skyscraper that fell on the afternoon of September 11 the government
[01:31:36.560 --> 01:31:40.840]  says that fire brought it down however 1500 architects and engineers have
[01:31:40.840 --> 01:31:45.160]  concluded it was a controlled demolition over 6,000 my fellow service members have
[01:31:45.160 --> 01:31:49.000]  given their lives thousands of my fellow first responders are dying I'm not a
[01:31:49.000 --> 01:31:52.360]  conspiracy theorist I'm a structural engineer in New York City correctional
[01:31:52.360 --> 01:31:56.500]  I'm an Air Force pilot I'm a father who lost his son we're Americans and we
[01:31:56.500 --> 01:32:01.320]  deserve the truth go to remember building seven dot org today hey it's
[01:32:01.320 --> 01:32:04.280]  Danny here for hill country home improvements did your home receive hail
[01:32:04.280 --> 01:32:07.680]  or wind damage from the recent storms come on we all know the government
[01:32:07.680 --> 01:32:11.240]  caused it with their chemtrails but good luck getting them to pay for it okay I
[01:32:11.240 --> 01:32:14.560]  might be kidding about the chemtrails but I'm serious about your roof that's
[01:32:14.560 --> 01:32:18.120]  why you have insurance and hill country home improvements can handle the claim
[01:32:18.120 --> 01:32:22.360]  for you with little to no out-of-pocket expense and we accept Bitcoin as a
[01:32:22.360 --> 01:32:26.760]  multi-year a-plus member of the Better Business Bureau with zero complaints you
[01:32:26.760 --> 01:32:30.920]  can trust hill country home improvements to handle your claim and your roof right
[01:32:30.920 --> 01:32:36.280]  the first time just call five one two nine nine two eight seven four five or
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[01:32:39.760 --> 01:32:42.880]  hundred dollars off and we'll donate another hundred dollars to the logos
[01:32:42.880 --> 01:32:46.360]  radio network to help continue this programming so if those out-of-town
[01:32:46.360 --> 01:32:52.040]  roofers come knocking your door should be locked in that's five one two nine
[01:32:52.040 --> 01:32:56.320]  nine two eight seven four five or hill country home improvements dot com
[01:32:56.320 --> 01:32:59.880]  discounts are based on full roof replacement may not actually be kidding
[01:32:59.880 --> 01:33:05.600]  about chemtrails you are listening to the logos radio network logos radio
[01:33:05.600 --> 01:33:13.320]  network dot com
[01:33:35.600 --> 01:34:03.320]  okay we are back Randy Kalkin, Debbie Stevens, Rue Blah Radio and I kind of got
[01:34:03.320 --> 01:34:09.200]  carried away there this is one of my favorite subjects if anybody else is
[01:34:09.200 --> 01:34:15.800]  interested in this section it is rough because most of the outline and
[01:34:15.800 --> 01:34:27.400]  information I have is based on a what do you call it from a psychiatrist or
[01:34:27.400 --> 01:34:36.160]  psychologist perspective it's based on therapy and hypnosis rather than just
[01:34:36.160 --> 01:34:44.640]  communications and tools for trying to lead the mind of another person to your
[01:34:44.640 --> 01:34:51.360]  conclusions it is a somewhat different application of the tools and I haven't
[01:34:51.360 --> 01:35:00.600]  worked out ways of explaining it so that I can eliminate most of the technical
[01:35:00.600 --> 01:35:06.280]  jargon and explain it in a way that an ordinary person can understand because
[01:35:06.280 --> 01:35:11.480]  there's nothing new about what these about these tools other than the
[01:35:11.480 --> 01:35:18.320]  definitions everything they're doing everybody does all the time and when I
[01:35:18.320 --> 01:35:22.640]  demonstrate the tools most everybody I demonstrate them to recognizes them
[01:35:22.640 --> 01:35:30.480]  because they use them all the time and they recognize that they are used I say
[01:35:30.480 --> 01:35:35.960]  against them are on them all the time and the primary purpose of including them
[01:35:35.960 --> 01:35:43.200]  in the e-book is not so much that you'll become an expert in the mechanics of
[01:35:43.200 --> 01:35:51.720]  flow but that you will begin to recognize the patterns the structures
[01:35:51.720 --> 01:35:59.320]  the other guys are using to try to move us and to try to move a jury or a court
[01:35:59.320 --> 01:36:06.240]  that are not exactly straightforward if you're not aware of what to do and you
[01:36:06.240 --> 01:36:11.640]  won't catch them so anyway if anybody else is interested in this portion of
[01:36:11.640 --> 01:36:19.840]  the e-book I'd very much like some good constructive feedback tell me what makes
[01:36:19.840 --> 01:36:25.480]  sense what doesn't make sense and let me know where I fell off the deep end
[01:36:25.480 --> 01:36:31.240]  because I pretty well know this information what I don't know is how to
[01:36:31.240 --> 01:36:35.560]  convey it to someone else so I don't know what I need to tell what I don't
[01:36:35.560 --> 01:36:39.880]  need to tell that's the most difficult part so if anybody's interested send me
[01:36:39.880 --> 01:36:47.200]  an email and Stephen from what you've said it's clear to me that you got it at
[01:36:47.200 --> 01:36:55.280]  least a good portion of it and that pleases me yeah for sure it really helped
[01:36:55.280 --> 01:37:00.480]  me out a lot I have what I call the facts of the case and the fantasy of the
[01:37:00.480 --> 01:37:04.440]  case and the fantasy of the case when you started speaking about your e-book I
[01:37:04.440 --> 01:37:10.280]  just thought well this is just this is just you know biases it's attribute
[01:37:10.280 --> 01:37:15.200]  substitution heuristic attribution all these psychological terms and again like
[01:37:15.200 --> 01:37:19.080]  you said there's a bridge of language to cross to bring it into a social and
[01:37:19.080 --> 01:37:26.680]  legal context and there's one other thing that's very valuable okay when you
[01:37:26.680 --> 01:37:33.160]  when you're once you get kind of familiar with this this will let you do
[01:37:33.160 --> 01:37:40.880]  what's called a meta comment the meta comment is not a comment on the content
[01:37:40.880 --> 01:37:47.880]  but a comment on the structure I was listening to a political debate once
[01:37:47.880 --> 01:37:54.640]  and this senator objected said wait a minute that's a strong that no he said
[01:37:54.640 --> 01:37:59.720]  that's a red herring issue the red herring issue I know what a red herring
[01:37:59.720 --> 01:38:06.560]  issue is but I didn't recognize that as a red herring issue but once he called
[01:38:06.560 --> 01:38:14.600]  it a red herring issue then immediately all the pieces fit because in my mind I
[01:38:14.600 --> 01:38:26.520]  had the details that created this context we call a red herring so when he
[01:38:26.520 --> 01:38:32.160]  pointed to it I recognized it immediately and most everybody knows where
[01:38:32.160 --> 01:38:36.320]  red herring is that's where you try to lead somebody off on a false tangent or
[01:38:36.320 --> 01:38:42.600]  down a rabbit hole a straw man issue straw man issues where you pick a minor
[01:38:42.600 --> 01:38:49.240]  point exaggerate the minor point and then attack the exaggeration once you
[01:38:49.240 --> 01:38:55.240]  know what it's called and how the pieces fit together now you're able to recognize
[01:38:55.240 --> 01:39:03.480]  them once you're able to recognize an unstated presupposition then you raise
[01:39:03.480 --> 01:39:12.800]  an objection implies a fact not in evidence or the statement contains an
[01:39:12.800 --> 01:39:21.280]  unstated presupposition or a complex equivalent council uses a term of art
[01:39:21.280 --> 01:39:27.440]  that's undefined and therefore creates a complex equivalent well you're probably
[01:39:27.440 --> 01:39:33.040]  the only one that's going to know what you just said but what that's going to
[01:39:33.040 --> 01:39:40.920]  do is create a very convincing pattern interruption for the lawyer because
[01:39:40.920 --> 01:39:45.400]  he's not going to have clues to what you're talking about now he's got to
[01:39:45.400 --> 01:39:52.520]  stop and get his definitions of what you're talking about as far as the tools
[01:39:52.520 --> 01:39:59.560]  themselves that's called a pattern interruption very powerful tool to stop
[01:39:59.560 --> 01:40:04.400]  them from doing the kinds of things they're very good at okay I'm still not
[01:40:04.400 --> 01:40:08.200]  good at explaining this I won't waste any more time with it right now I am
[01:40:08.200 --> 01:40:13.480]  steady working on it trying to figure out the best way to structure it so if
[01:40:13.480 --> 01:40:18.240]  anybody wants a copy of the flow section of the e-book send me an email I'll
[01:40:18.240 --> 01:40:22.480]  send it to you on the condition that you rip it to pieces for me and tell me
[01:40:22.480 --> 01:40:29.720]  where it's all screwed up so I can fix it okay Steven anything else for us no
[01:40:29.720 --> 01:40:35.040]  mr. Kelton it's that's been really invaluable for me and my wife to put to
[01:40:35.040 --> 01:40:39.720]  understand the frame that they've put us in so that I be able to get some of the
[01:40:39.720 --> 01:40:45.280]  documents on due process and the 18 felonies and misdemeanors that I can
[01:40:45.280 --> 01:40:48.960]  charge them with because I'm realizing they're the ones that need to be under
[01:40:48.960 --> 01:40:54.960]  this under the heat of the fire not another mommy and my wife so exactly
[01:40:54.960 --> 01:41:04.680]  perfect okay thank you Steven now we're going to go to Scott in Texas hello mr.
[01:41:04.680 --> 01:41:12.400]  Scott hello Randy well today got me another
[01:41:12.400 --> 01:41:20.680]  let's say judicial conduct board and they've been kind of going dicking
[01:41:20.680 --> 01:41:25.800]  around with these things and saying that they're still investigating still
[01:41:25.800 --> 01:41:32.600]  investigating and today they wanted me to go ahead and fill it out so that I'm
[01:41:32.600 --> 01:41:40.680]  not anonymous anymore and they can start to see about doing finishing up their
[01:41:40.680 --> 01:41:46.760]  investigation on this and presenting the matter to the Commission
[01:41:51.720 --> 01:41:59.800]  hello oh sorry about that someone muted my mic there okay we say that last part
[01:41:59.800 --> 01:42:06.000]  again well they they've been kind of going back and forth on it and they said
[01:42:06.000 --> 01:42:13.920]  that they want me to release my identity because you know I kind of just checked
[01:42:13.920 --> 01:42:19.360]  them off and they're like I wanted to remain confidential or whatever but now
[01:42:19.360 --> 01:42:27.320]  they want me to go ahead and check that I release my confidentiality so that
[01:42:27.320 --> 01:42:34.960]  they could go ahead and and take this on to the Commission board oh okay you
[01:42:34.960 --> 01:42:42.400]  confused me you're talking about your either judicial conduct or bar grievance
[01:42:42.400 --> 01:42:49.160]  complaints yeah I said it was a judicial conduct oh okay so that okay I missed
[01:42:49.160 --> 01:42:55.400]  that in the front end there okay yeah they were kind of going and messing
[01:42:55.400 --> 01:42:59.280]  around with this thing oh we're still investigating and you know sorry we're
[01:42:59.280 --> 01:43:05.920]  taking our time blah blah blah when I got the original letter on September 27
[01:43:05.920 --> 01:43:12.020]  but here now they wanted me to go ahead and release my identity so that they
[01:43:12.020 --> 01:43:19.440]  could go ahead and present it to the Commission that sounds great to me yeah
[01:43:19.440 --> 01:43:24.200]  I thought so so I'm gonna I got it checked off and signed and gonna make me
[01:43:24.200 --> 01:43:28.760]  a copy of this because I thought it was kind of interesting and okay okay hang
[01:43:28.760 --> 01:43:32.480]  on we're about to go to break this is Randy Kelton
[01:43:32.480 --> 01:43:37.640]  Debra Stevens rule of law radio and we're going to our last segment so I
[01:43:37.640 --> 01:43:44.040]  won't even give out the call in number and okay I'm a little ahead of time but
[01:43:44.040 --> 01:43:59.400]  we'll be right back
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[01:46:23.520 --> 01:46:28.080]  okay we are back Randy Kelton rule of law radio
[01:46:28.080 --> 01:46:32.640]  and Randy Kelton Davis Stevens rule of law radio and we're talking to Scott in
[01:46:32.640 --> 01:46:38.480]  Texas Scott have you sent me a copy of that you just got that conduct complaint
[01:46:38.480 --> 01:46:44.600]  I just got it today and I'll read it for everybody so that they can hear what it
[01:46:44.600 --> 01:46:50.720]  says okay let me explain why I want it I've been trying to find a good way to
[01:46:50.720 --> 01:47:00.400]  to call into these guys and ask for any on on-air interview so this is perfect
[01:47:00.400 --> 01:47:05.240]  I'm going to call in and say I've got this judicial conduct complaint against
[01:47:05.240 --> 01:47:11.040]  the judge that one of my listeners sent me and we're going to talk about it on
[01:47:11.040 --> 01:47:17.720]  the air so I can't say anything bad about the judge or anyone who's in a
[01:47:17.720 --> 01:47:24.080]  prominent position without giving them opportunity to rebut so we're going to
[01:47:24.080 --> 01:47:29.200]  do an online interview about this judicial conduct complaint and I want
[01:47:29.200 --> 01:47:34.840]  to give the offer the judge the opportunity to tell his side right
[01:47:34.840 --> 01:47:41.400]  that's not going to be fun or what yeah so here I'll read it real quick in your
[01:47:41.400 --> 01:47:46.240]  letter you indicated that you want you want to keep your identity confidential
[01:47:46.240 --> 01:47:50.120]  which is your right however please understand that because your complaint
[01:47:50.120 --> 01:47:55.280]  is specific to your situation it may not be possible for us to investigate your
[01:47:55.280 --> 01:47:59.920]  allegation without your identity being revealed either directly or indirectly
[01:47:59.920 --> 01:48:04.480]  to the judge for example even if we do not contact the judge during the course
[01:48:04.480 --> 01:48:08.840]  of our investigation there is a risk that one or more of the witnesses
[01:48:08.840 --> 01:48:14.400]  contacted by our agency will disclose the investigation to your identity and
[01:48:14.400 --> 01:48:17.880]  your identity to the judge therefore we are asking you to waive
[01:48:17.880 --> 01:48:23.920]  confidentiality to enable us to contact to conduct a thorough investigation into
[01:48:23.920 --> 01:48:29.520]  your claims blah blah blah blah which you know is your right if you don't want
[01:48:29.520 --> 01:48:34.120]  to but blah blah blah but that's about it but yeah so they want me to waive my
[01:48:34.120 --> 01:48:39.760]  rights of confidentiality so that they can get in and do a thorough
[01:48:39.760 --> 01:48:45.840]  investigation of this judge on the claims that I made against them that
[01:48:45.840 --> 01:48:52.680]  sounds like they didn't just crank out this this standard we examined into your
[01:48:52.680 --> 01:48:59.880]  accusation and find it does not rise to the level of misconduct exactly this is
[01:48:59.880 --> 01:49:04.600]  good news and you know the fact that you've got over a million hits on your
[01:49:04.600 --> 01:49:11.680]  YouTube and it may be maybe that you have the nature of your claim is
[01:49:11.680 --> 01:49:19.000]  sufficient that they just might actually do something I wouldn't count on it but
[01:49:19.000 --> 01:49:30.440]  they just might the judge has asked to risk that because once you allow them
[01:49:30.440 --> 01:49:34.840]  to release your identity they're almost certainly going to send this complaint
[01:49:34.840 --> 01:49:40.520]  to him and ask him to rebut it matter of fact I think they're required to I
[01:49:40.520 --> 01:49:45.760]  noticed you said in that letter they said that they may not contact him I
[01:49:45.760 --> 01:49:53.400]  think they're required to it says it may or they may or may not contact him
[01:49:53.400 --> 01:50:01.880]  that's not true they they have to send this to him it would be grossly unfair
[01:50:01.880 --> 01:50:12.640]  if they didn't yeah the only way they would not is if they dismissed it out of
[01:50:12.640 --> 01:50:22.880]  hand but the judge the judge has a right to tell his side of the story and so
[01:50:22.880 --> 01:50:26.840]  that's good you force him to have to explain himself to an oversight
[01:50:26.840 --> 01:50:35.440]  commission perfect yeah I'm probably he doesn't get that often because lawyers
[01:50:35.440 --> 01:50:44.120]  never do it so this is great this is what we want we don't necessarily want
[01:50:44.120 --> 01:50:50.400]  the judge removed from office we just want him on to understand this Joe
[01:50:50.400 --> 01:51:00.080]  average ordinary person can sting you good okay do you have anything else for
[01:51:00.080 --> 01:51:05.320]  us because we do have one more caller and we only have seven minutes well one
[01:51:05.320 --> 01:51:12.880]  question did you call Rockwall no but I've seen me that the judicial conduct
[01:51:12.880 --> 01:51:20.960]  complaint and I will call them reading it in the morning and ask them for a
[01:51:20.960 --> 01:51:27.280]  on-air interview with the judge and then I'll get I'll get Kim to call them for
[01:51:27.280 --> 01:51:32.120]  the same thing I'll scan it and email it to you and you'll have it in the morning
[01:51:32.120 --> 01:51:38.520]  okay I got what I need I would fishing around for how do I call these guys and
[01:51:38.520 --> 01:51:43.120]  have a good reason for stepping in there and now I've got the judicial conduct
[01:51:43.120 --> 01:51:48.840]  complaint this is perfect and we're researching corruption in the lower
[01:51:48.840 --> 01:51:55.080]  courts well we have because the only reason he got this is because everything
[01:51:55.080 --> 01:51:59.320]  stemmed out of the municipal municipal court to get up to there and you can also
[01:51:59.320 --> 01:52:02.440]  hit him on the subject matter jurisdiction and residue to cause it
[01:52:02.440 --> 01:52:05.840]  doesn't well among three things then watch them squirm anyway I'll let you
[01:52:05.840 --> 01:52:14.800]  go okay bye call me tomorrow night and I'll tell you how it went okay now we're
[01:52:14.800 --> 01:52:21.360]  going to go to John in Texas hello John what do you have for us today yeah I
[01:52:21.360 --> 01:52:25.880]  know I'm low on time but I've got a speeding ticket that I'm fighting right
[01:52:25.880 --> 01:52:31.920]  now and I'm waiting on my trial that's coming up I got a jury trial coming up
[01:52:31.920 --> 01:52:37.680]  in November and what I'm waiting on is you know I'm just I'm just sitting back
[01:52:37.680 --> 01:52:42.520]  waiting for that pretty much I've got a few motions in but okay what are the
[01:52:42.520 --> 01:52:49.480]  that was going to be my question have you seen any information requests yeah
[01:52:49.480 --> 01:52:55.080]  I've already sent them the discovery and you know I sent them two discoveries
[01:52:55.080 --> 01:53:00.600]  actually I sent them one discovery and I didn't get all my items and what did
[01:53:00.600 --> 01:53:11.120]  you ask video I asked for a video man I don't have it right in front of me right
[01:53:11.120 --> 01:53:17.840]  now but I asked for a video I asked for the the a list of all the tickets that
[01:53:17.840 --> 01:53:25.240]  have been written for that month by that officer let's see there was there were
[01:53:25.240 --> 01:53:31.240]  several other things okay the reason I asked that question there are two
[01:53:31.240 --> 01:53:37.480]  specific information requests you should file and these are information requests
[01:53:37.480 --> 01:53:48.000]  they're not discovery one of them is you want the officers the training of the
[01:53:48.000 --> 01:53:56.160]  officer that authorizes him to enforce the traffic code and you want the
[01:53:56.160 --> 01:54:03.320]  authority of the jurisdiction to enforce the traffic code so far what I hear
[01:54:03.320 --> 01:54:11.240]  you're way too close to the merits if you try to fight your ticket based on
[01:54:11.240 --> 01:54:18.520]  the merits it's been my experience you will lose every time have you filed a
[01:54:18.520 --> 01:54:22.960]  challenge the subject matter jurisdiction all right I did ask for his
[01:54:22.960 --> 01:54:29.720]  training it asked for that any training certificates okay that what you're
[01:54:29.720 --> 01:54:42.200]  talking about there yes how did you ask for it I asked for any any I don't know
[01:54:42.200 --> 01:54:51.160]  exactly how word it okay let me get a pen yeah write this down I have I can
[01:54:51.160 --> 01:54:55.640]  send you a copy of this if you want you'll send me an email at Randy at
[01:54:55.640 --> 01:55:03.320]  wheel of law radio calm okay and I'll send you this I have a special form for
[01:55:03.320 --> 01:55:11.200]  my information requests and they are exquisitely obnoxious I love them dear
[01:55:11.200 --> 01:55:15.640]  sir you are hereby directed to provide for my inspection and or copying all
[01:55:15.640 --> 01:55:21.800]  records collected simply maintained by your department to include the following
[01:55:21.800 --> 01:55:28.080]  evidence of authority to enforce the provisions of Texas traffic laws
[01:55:28.080 --> 01:55:33.960]  chapter 644 for all officers so authorized in the city of this was the
[01:55:33.960 --> 01:55:45.720]  city of Decatur I sent this to him okay and he looked at chapter 64 and the
[01:55:45.720 --> 01:55:50.280]  chief of police hit me a letter back that said he could not he had no records
[01:55:50.280 --> 01:55:55.800]  responsive to my request as his officers did not enforce the Texas
[01:55:55.800 --> 01:56:09.780]  traffic code it's over I was supposed to go in for a pre-trial hearing and I got
[01:56:09.780 --> 01:56:17.000]  my days wrong and didn't show up so what did that dirty rotten prosecutor do he
[01:56:17.000 --> 01:56:23.800]  dismissed my case I call the chief and Rex what the hell is going on here I'm
[01:56:23.800 --> 01:56:29.440]  sorry what the heck is going on here how come you dismissed my case it's a well
[01:56:29.440 --> 01:56:37.120]  mr. Kelton you know you just wanted to start a fight well yeah we just give me
[01:56:37.120 --> 01:56:44.000]  the good part okay here's the second one you're hereby directed to provide my
[01:56:44.000 --> 01:56:50.240]  inspection and copying complete list of all training provided for the Decatur
[01:56:50.240 --> 01:56:54.840]  peace officers intended to ensure compliance with the requirements for
[01:56:54.840 --> 01:56:59.160]  authorization to enforce the Texas transportation code that's contemplated
[01:56:59.160 --> 01:57:11.680]  by 644.101 and 701.001 okay he couldn't answer either maybe one of those and
[01:57:11.680 --> 01:57:20.920]  associated with those is a challenge the subject matter jurisdiction you read the
[01:57:20.920 --> 01:57:25.560]  challenge the subject matter jurisdiction you won't believe it who
[01:57:25.560 --> 01:57:33.560]  can enforce the traffic code the only ones that can enforce the traffic code
[01:57:33.560 --> 01:57:44.560]  are four police officers appointed by the sheriff in each county yeah I'm
[01:57:44.560 --> 01:57:51.560]  sorry five officers the sheriff can appoint five officers and okay those
[01:57:51.560 --> 01:57:59.520]  five officers he can appoint one of them can be a municipal police officer and
[01:57:59.520 --> 01:58:05.600]  they all have to have certification under 644.101 as a whole list of what
[01:58:05.600 --> 01:58:11.080]  has to be done there the Department of Public Safety has to do that and then
[01:58:11.080 --> 01:58:18.200]  the jurisdictions that can enforce it you get it you read this thing you won't
[01:58:18.200 --> 01:58:25.040]  believe what you read none of these guys can enforce okay we are out of time this
[01:58:25.040 --> 01:58:29.960]  is Randy Kelton Denver Stevens with my radio John if you'll call back tomorrow
[01:58:29.960 --> 01:58:35.040]  I will go into this in more detail but in the meantime send me an email I'll
[01:58:35.040 --> 01:58:38.880]  get you a copy of these anybody else who wants a copy of these send me an email
[01:58:38.880 --> 01:58:44.360]  I'll send them to you they are great fun thank you all for listening we'll be
[01:58:44.360 --> 01:58:48.240]  back tomorrow night good night
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