[00:00.000 --> 00:05.840]  The following newsflash is brought to you by the Lone Star Lowdown, provided by Jelly
[00:05.840 --> 00:13.400]  Fullerton's for the commodities market, Today in History, News Updates, and the inside scoop
[00:13.400 --> 00:21.320]  into the tides of the alternative.
[00:21.320 --> 00:24.960]  Markets for Wednesday, the 5th of October, 2016, are currently trending with gold at
[00:24.960 --> 00:33.640]  $1,266.60 an ounce, silver at $17.72 an ounce, Texas crude at $48.69 a barrel, and Bitcoin
[00:33.640 --> 00:43.240]  is currently sitting at about $613 U.S. currency.
[00:43.240 --> 00:48.320]  Today in history, the year 1947, the first televised White House presidential address
[00:48.320 --> 00:56.320]  is given by then U.S. President Harry S. Truman, Today in History.
[00:56.320 --> 01:00.600]  In recent news, the Paris Climate Agreement is set to take effect next month, adopted
[01:00.600 --> 01:07.360]  by consensus on December 12, 2015, at the 21st Conference of the Parties of the UNFCCC,
[01:07.360 --> 01:11.920]  or United Nations Framework Convention on Climate Change in Paris, and open for signatures
[01:11.920 --> 01:16.680]  on the 22nd of April, 2016, Earth Day, and a ceremony in New York City.
[01:16.680 --> 01:19.040]  It is set to take effect on November 4.
[01:19.040 --> 01:23.000]  It is essentially a global agreement for the redirecting of the world economy away from
[01:23.000 --> 01:26.680]  fossil fuels towards more greenhouse-friendly forms of energy.
[01:26.680 --> 01:31.040]  President Obama, speaking from the Rose Garden, talking about the agreement, said that, quote,
[01:31.040 --> 01:35.760]  this gives us the best possible shot to save the one planet we've got, and that one of
[01:35.760 --> 01:39.880]  the reasons I took this office was to make America the leader in this mission.
[01:39.880 --> 01:44.400]  The agreement already has support from major greenhouse gas emitters like China, the United
[01:44.400 --> 01:49.600]  States and India, and in total 72 out of 195 countries have ratified the agreement, according
[01:49.600 --> 01:50.600]  to the UN.
[01:50.600 --> 01:54.580]  Republican presidential candidate Donald Trump opposes the agreement since it lacks the approval
[01:54.580 --> 02:04.280]  of the U.S. Congress, while Democratic nominee Hillary Clinton is a strong supporter.
[02:04.280 --> 02:08.160]  More than 50 correctional officers and inmates inside Maryland's largest state prison were
[02:08.160 --> 02:12.060]  charged by prosecutors Wednesday, today, with bribery and drug conspiracy.
[02:12.060 --> 02:16.080]  Prison guards are accused of smuggling cell phones, tobacco and drugs into the Eastern
[02:16.080 --> 02:20.920]  Shore facility in exchange for money and sex, according to indictments unsealed in a federal
[02:20.920 --> 02:21.920]  investigation.
[02:21.920 --> 02:25.840]  Apparently, prison guards were passing through security with undetected heroin, cocaine and
[02:25.840 --> 02:29.840]  pornographic videos, which were then handed off to inmates in exchange for hundreds of
[02:29.840 --> 02:30.840]  dollars.
[02:30.840 --> 02:34.480]  They were also being accused of warning inmates when prison officials were preparing to search
[02:34.480 --> 02:39.760]  cells and of using force and intimidation to silence inmates who were reporting the smuggling.
[02:39.760 --> 02:43.280]  According to court records, inmates were using the prison phones and their contraband cell
[02:43.280 --> 02:46.240]  phones to pay off correctional officers through PayPal.
[02:46.240 --> 02:51.120]  They were hustling $500 for each package on average and as much as $3,000 a week, according
[02:51.120 --> 02:52.120]  to investigators.
[02:52.120 --> 03:20.680]  This is Brooke Rode with your Lowdown for October 5th, 2016.
[03:20.680 --> 03:49.000]  This is Brooke Rode with the Lowdown for October 5th, 2016.
[03:49.000 --> 03:57.100]  Okay, Randy Kelton, Debra Stevens, Rue La Radio on this Thursday, the 13th day of October
[03:57.100 --> 04:01.600]  2016.
[04:01.600 --> 04:08.120]  Starting out with a caller on the line already, I had something I was going to start with.
[04:08.120 --> 04:15.760]  I may get to it later, but it looks like the phone lines are stacking up.
[04:15.760 --> 04:20.120]  I was going to read you the first page of a book I wrote a long time ago that was an
[04:20.120 --> 04:26.160]  example of artful vagueness, but it looks like I might not get to it.
[04:26.160 --> 04:28.760]  So I'm going to go ahead and go to our callers.
[04:28.760 --> 04:30.840]  If I run out of callers, then I'll get to it.
[04:30.840 --> 04:33.000]  I hope you find it interesting.
[04:33.000 --> 04:35.000]  Hello, Mr. Olivier.
[04:35.000 --> 04:38.000]  How are you doing, Rue?
[04:38.000 --> 04:39.480]  I'm doing good.
[04:39.480 --> 04:42.960]  You have an incredible noise in your background.
[04:42.960 --> 04:45.560]  Can't say that again?
[04:45.560 --> 04:46.560]  That's better.
[04:46.560 --> 04:47.560]  Okay.
[04:47.560 --> 04:53.560]  What do you have for us today?
[04:53.560 --> 05:04.560]  Well, what I found out was, he told me to go turn in a restraining order, but I looked
[05:04.560 --> 05:12.360]  through the forms and they told me the form that I saw was actually an order or a protection
[05:12.360 --> 05:13.360]  order.
[05:13.360 --> 05:18.600]  So they were saying that it went to the wrong courtroom, but I still wrote up to judge on
[05:18.600 --> 05:22.160]  a judicial comment complaint because-
[05:22.160 --> 05:25.840]  Now, wait a minute, wait a minute.
[05:25.840 --> 05:34.080]  The form was a protection order form, essentially the same thing.
[05:34.080 --> 05:37.200]  The motion is what it is.
[05:37.200 --> 05:39.480]  It makes no difference what you call it.
[05:39.480 --> 05:47.840]  Well, I mean, that's the same thing I thought, but because of that language, I went ahead
[05:47.840 --> 05:54.120]  and did it the proper way, but I still submitted the judicial comment against the judge because
[05:54.120 --> 05:55.120]  I'm pro se litigant.
[05:55.120 --> 05:56.800]  He did not communicate with me.
[05:56.800 --> 06:00.840]  He did not even hear it.
[06:00.840 --> 06:03.840]  So I wrote that up.
[06:03.840 --> 06:10.360]  And the fact is, after I did write that up, I mean, after he denied it two days later,
[06:10.360 --> 06:13.360]  that officer arrested me again.
[06:13.360 --> 06:14.360]  Yeah.
[06:14.360 --> 06:15.360]  Okay.
[06:15.360 --> 06:24.080]  I am getting concerned and I have to express this concern.
[06:24.080 --> 06:27.400]  These officers are bad news.
[06:27.400 --> 06:33.320]  I don't like to have to say that, don't like to have to even think that, but when you become
[06:33.320 --> 06:39.880]  what appears to be a threat to them, they become very, very dangerous.
[06:39.880 --> 06:48.420]  So my suggestion is you exercise care with the officers and stay away from them and hammer
[06:48.420 --> 06:53.600]  the public officials well above them.
[06:53.600 --> 06:59.360]  I've been in this situation where they came after me and I was convicted to a year in
[06:59.360 --> 07:00.360]  prison.
[07:00.360 --> 07:08.240]  I got it all undone, but I was looking at a year in prison and a $10,000 fine.
[07:08.240 --> 07:14.600]  They railroaded me big time because it wasn't actually me, it was somebody else who made
[07:14.600 --> 07:20.920]  them so angry that they didn't care what the law said, they didn't care about anything.
[07:20.920 --> 07:28.920]  So just be careful of how you deal with these policemen because they will do really stupid
[07:28.920 --> 07:36.000]  things and then they'll be sorry they did stupid things later, but you'll be more sorry
[07:36.000 --> 07:37.920]  because they do the stupid things to you.
[07:37.920 --> 07:40.920]  So do exercise care.
[07:40.920 --> 07:48.280]  Actually they do have 60 days, I was out with 30 days, I went to court and the judge denied
[07:48.280 --> 07:59.880]  my motions for, what's that word, default judgment, but he did award my motion to amend
[07:59.880 --> 08:05.920]  my case to $750,000 according to what the law says.
[08:05.920 --> 08:13.200]  But when I found out that they do have 60 days, they defaulted on my, they still defaulted
[08:13.200 --> 08:21.280]  on my property, on my cars like three, four days ago and four days from now they're going
[08:21.280 --> 08:24.440]  to default on the false imprisonment.
[08:24.440 --> 08:31.840]  What I can get is why this officer is not informed that they're on suit, like he's
[08:31.840 --> 08:37.280]  on suit, I don't get it.
[08:37.280 --> 08:46.320]  Okay now, did you give them notice of tort?
[08:46.320 --> 08:52.640]  Generally that's a requirement, do you know if that is a requirement in Tennessee?
[08:52.640 --> 08:54.600]  No.
[08:54.600 --> 09:03.960]  Okay, because every time you sue a public official in most every state I've been to, they all
[09:03.960 --> 09:09.880]  have the same requirement, it's that you give them notice and opportunity.
[09:09.880 --> 09:18.120]  Notice in the form of notice of tort, an opportunity to make you whole and give them 60 days to
[09:18.120 --> 09:24.680]  respond to that notice of tort before you file suit.
[09:24.680 --> 09:27.760]  Isn't that through the insurance company?
[09:27.760 --> 09:29.800]  Say that again.
[09:29.800 --> 09:33.440]  Isn't that through the insurance, the city's insurance?
[09:33.440 --> 09:44.000]  No, that was generally statutory, however, if you file suit and they have 60 days to
[09:44.000 --> 09:50.840]  respond even if you didn't file the notice of tort, even if it was required and you didn't
[09:50.840 --> 10:00.800]  file it, they had to answer and move to dismiss for lack of the tort letter, if they don't
[10:00.800 --> 10:05.200]  raise the issue, they waive it.
[10:05.200 --> 10:10.240]  But as to do you have the green cards back or you gave you did personal service didn't
[10:10.240 --> 10:11.240]  you?
[10:11.240 --> 10:12.240]  Yeah.
[10:12.240 --> 10:19.920]  Okay, then they can't, they can't claim anything about service, they're out of time.
[10:19.920 --> 10:32.000]  Now if you file tomorrow for no answer default, most likely the other side won't answer.
[10:32.000 --> 10:38.480]  Even if the court grants no answer default, 75% of all no answer default is overturned
[10:38.480 --> 10:46.040]  because they're going to come back and claim some excusable error.
[10:46.040 --> 10:50.960]  So I would suggest you not jump on this right away.
[10:50.960 --> 10:55.640]  Give them a couple of weeks, maybe even a month.
[10:55.640 --> 11:02.560]  If somebody has sent the file to somebody else and somebody else is supposed to do something
[11:02.560 --> 11:09.260]  and he didn't do something, you know, they don't get lawsuits often.
[11:09.260 --> 11:12.380]  So they tend not to be real good at it.
[11:12.380 --> 11:16.560]  If somebody has dropped the ball.
[11:16.560 --> 11:24.800]  This is a firm, this firm do lawsuits, that's all they do is lawsuits.
[11:24.800 --> 11:31.960]  They hired a firm to represent them, not the city attorney.
[11:31.960 --> 11:39.800]  Wait a minute, did the firm give you notice that they were representing the client?
[11:39.800 --> 11:40.800]  Yes.
[11:40.800 --> 11:43.080]  Did they give the court notice?
[11:43.080 --> 11:44.080]  Yes.
[11:44.080 --> 11:50.360]  Okay, if they gave the court notice, any objection to service is waived.
[11:50.360 --> 11:54.360]  So they can't raise any objection to service.
[11:54.360 --> 12:02.560]  75% of all no answer defaults are overturned because of problems with service.
[12:02.560 --> 12:06.920]  So you don't have a service problem because they've stipulated the service.
[12:06.920 --> 12:14.160]  You might go ahead and file a for no answer default immediately then.
[12:14.160 --> 12:15.160]  Here's the deal.
[12:15.160 --> 12:23.160]  I've gotten them to appear twice before all this, before this, in today's.
[12:23.160 --> 12:29.560]  If they file anything that can be construed, did they file a motion to dismiss?
[12:29.560 --> 12:30.560]  No.
[12:30.560 --> 12:38.160]  Okay, a motion to dismiss would toll the time limit to answer because a motion to dismiss
[12:38.160 --> 12:44.480]  is a dispositive motion and it would dispose of the lawsuit and make it unnecessary to
[12:44.480 --> 12:45.480]  answer.
[12:45.480 --> 12:51.720]  If there's no motion to dismiss, the clock may well be run out.
[12:51.720 --> 13:02.280]  If they file an answer late, then you can file a no answer default if they have an answer.
[13:02.280 --> 13:08.680]  If they answer late, then you file a motion for summary judgment.
[13:08.680 --> 13:12.600]  Motion to strike the answer is untimely and summary judgment.
[13:12.600 --> 13:17.720]  It's essentially the same motion, it's just styled slightly different.
[13:17.720 --> 13:24.600]  But if they have appeared in court, they cannot claim that they did not have notice, they
[13:24.600 --> 13:31.560]  can't claim excusable error unless one of them got in a car wreck on the way to the
[13:31.560 --> 13:36.080]  court to file the motion or to file the answer or something.
[13:36.080 --> 13:41.000]  It'll be hard for them to claim excusable error if they're a law firm that this is
[13:41.000 --> 13:42.000]  their job.
[13:42.000 --> 13:47.200]  They have 60 days, normally we have 20 days.
[13:47.200 --> 13:53.280]  They have 30, it says 30 days, but I guess if they're a city or a state and I'm suing
[13:53.280 --> 13:56.360]  the city, they have 60 days to answer.
[13:56.360 --> 14:00.560]  It's been 60 days and they haven't answered.
[14:00.560 --> 14:03.280]  The statute has a part B, right?
[14:03.280 --> 14:11.080]  But the part B says that a claim, if a claim is not answered in 60 days, it will be deemed
[14:11.080 --> 14:12.080]  denied.
[14:12.080 --> 14:20.720]  No, it's denied, basically if you have a claim and the city don't answer the claim, that
[14:20.720 --> 14:22.240]  means they denied the claim.
[14:22.240 --> 14:26.120]  Okay, so there's going to be no no answer default.
[14:26.120 --> 14:27.120]  Right.
[14:27.120 --> 14:33.840]  Last time he answered in court, he tried to put that in there, he tried to reword it saying
[14:33.840 --> 14:40.840]  that also if the state don't answer, it's an automatic, it's an automatic denied.
[14:40.840 --> 14:45.520]  In my head, I'm like, okay, I want you to think that, because that's crazy.
[14:45.520 --> 14:48.680]  Now, wait a minute, that's essentially what you just read.
[14:48.680 --> 14:54.240]  Will you read that again or re-paraphrase that?
[14:54.240 --> 14:56.560]  That's what he was trying to state in court.
[14:56.560 --> 15:05.600]  In court, he, in his argument against my, what I submitted, he was saying that the statute
[15:05.600 --> 15:14.880]  says that if the city does not answer, that means the city automatically denies my accusation.
[15:14.880 --> 15:21.920]  But when I went in there to go read the statute myself, it says that the city in claims, actions
[15:21.920 --> 15:30.840]  or suit has 60 days to answer and it says part B. Part B says claims if unanswered in
[15:30.840 --> 15:38.440]  60 days are deemed to be denied. Claims, it didn't say anything about actions or suit.
[15:38.440 --> 15:44.440]  Claims are totally different than actions or suit.
[15:44.440 --> 15:47.440]  Okay.
[15:47.440 --> 15:49.960]  I'm not sure the distinction.
[15:49.960 --> 15:56.160]  The only thing for which you can recover are claims.
[15:56.160 --> 15:59.400]  What is this action or suit mean in this context?
[15:59.400 --> 16:05.320]  Action or suit is, action or suit, when I looked it up, it means there was a judicial
[16:05.320 --> 16:09.920]  decision in order for, and someone's favor.
[16:09.920 --> 16:15.000]  A claim is saying that someone is like me writing you a letter saying, hey, you damaged
[16:15.000 --> 16:20.440]  my car and you owe me $5,000 and you say no.
[16:20.440 --> 16:21.440]  Okay.
[16:21.440 --> 16:26.960]  Well, that's essentially, that's the only thing you get recovery on.
[16:26.960 --> 16:34.680]  A claim doesn't have anything to do with the judicial system, but a action and a suit
[16:34.680 --> 16:35.680]  does.
[16:35.680 --> 16:41.400]  And the action or suit, you have a time limit to answer.
[16:41.400 --> 16:42.400]  Okay.
[16:42.400 --> 16:43.400]  Hang on.
[16:43.400 --> 16:44.400]  About to go to break.
[16:44.400 --> 16:52.080]  Randy Kelton, Deborah Stevens, Rue La Radio, I'll call it number 512-646-1984.
[16:52.080 --> 17:00.680]  We'll be right back.
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[20:07.640 --> 20:13.860]  In this chipset, you find information about financial system as clear as may be heard
[20:13.860 --> 20:22.300]  I'm concerned that you're misconstruing the intent of the statute from what you told me.
[20:22.300 --> 20:29.640]  It sounds as though when you sue a public entity, they don't have to answer.
[20:29.640 --> 20:35.280]  If they don't answer, all of your claims are deemed denied by the defendant.
[20:35.280 --> 20:45.600]  Unlike an ordinary party who would waive all his claims, apparently the city or the public
[20:45.600 --> 20:52.140]  entity, the governmental entity cannot waive their claims by not answering and making a
[20:52.140 --> 20:56.180]  distinction between claims, suits, and actions.
[20:56.180 --> 21:01.980]  Yeah, but I'm trying to hear what you're saying, but it doesn't make no sense because if you,
[21:01.980 --> 21:07.660]  if I see an argument, you have to answer it, you cannot answer it because we're going to
[21:07.660 --> 21:08.660]  try, right?
[21:08.660 --> 21:09.660]  No, wait, wait, wait.
[21:09.660 --> 21:10.660]  No.
[21:10.660 --> 21:16.700]  That's exactly what this statute says is you don't have to answer if you are a public entity.
[21:16.700 --> 21:17.700]  No.
[21:17.700 --> 21:23.980]  Well, that's what, that's how he thinks is written from what I read it, from what I read
[21:23.980 --> 21:31.420]  it is when it does those commas, those are three different things, a claim, an action,
[21:31.420 --> 21:32.420]  and a suit.
[21:32.420 --> 21:38.780]  It was all listed in the first paragraph, in the first, in the first part A. Now part
[21:38.780 --> 21:44.260]  B only mentioned claims, it didn't mention action and suit.
[21:44.260 --> 21:47.460]  So your suit doesn't get dismissed.
[21:47.460 --> 21:48.460]  Right.
[21:48.460 --> 21:52.860]  And I'm not sure what they mean by actions.
[21:52.860 --> 21:57.420]  The action, action is something that takes place in court, there has to be a judicial
[21:57.420 --> 21:58.420]  decision.
[21:58.420 --> 22:04.460]  A action and a suit are processed in court, a claim is not.
[22:04.460 --> 22:05.460]  Okay.
[22:05.460 --> 22:09.900]  So a claim, a claim is not, a claim is just, you know, me making a claim.
[22:09.900 --> 22:10.900]  Okay.
[22:10.900 --> 22:18.900]  So if they fail to answer, then anything that's occurred in court stands, the suit stands.
[22:18.900 --> 22:21.540]  They've just denied all your claims.
[22:21.540 --> 22:24.780]  It's not a ruling against your claims.
[22:24.780 --> 22:29.020]  They've just, as a matter of law, denied them so they don't have to give you a written
[22:29.020 --> 22:30.020]  answer.
[22:30.020 --> 22:35.700]  And that seems as though it would put you at a distinct disadvantage.
[22:35.700 --> 22:38.580]  They can't, the law is not written like that.
[22:38.580 --> 22:40.580]  He argued it that way.
[22:40.580 --> 22:45.300]  I didn't say anything because I'm going to submit default judgment again because it didn't
[22:45.300 --> 22:46.300]  make sense to me.
[22:46.300 --> 22:51.500]  When I went and looked at the statute, the first one said that these are three things
[22:51.500 --> 22:59.380]  that the government has 60 days to answer, claim, suit, and action.
[22:59.380 --> 23:04.700]  And then it went down, it went down on the bottom and said part B, claim if not answered
[23:04.700 --> 23:07.740]  in 60 days will be deemed denied.
[23:07.740 --> 23:10.180]  So I'm like, okay, that's kind of funny.
[23:10.180 --> 23:16.940]  But when I went and looked at the definitions, claims are not, do not have anything to do
[23:16.940 --> 23:20.740]  with the judicial system, like no court, no anything.
[23:20.740 --> 23:26.420]  An action or a suit, there's where there's a court or a complaint file.
[23:26.420 --> 23:30.860]  So underneath that, the action and suit have a rule.
[23:30.860 --> 23:36.540]  And the rule is you must answer in the amount of days that you are required.
[23:36.540 --> 23:43.820]  So yes, he is correct saying that he has more than 30 days to answer, but no, he is incorrect
[23:43.820 --> 23:48.380]  where he thinks that if he doesn't answer, it's an automatic denial.
[23:48.380 --> 23:49.980]  It's not an automatic denial.
[23:49.980 --> 23:52.500]  It's an automatic default judgment.
[23:52.500 --> 23:55.180]  Have you looked up case law on that issue?
[23:55.180 --> 24:00.660]  I haven't looked up case law on that issue, but that's how it's written.
[24:00.660 --> 24:05.180]  You really need to look up some case law on that.
[24:05.180 --> 24:08.700]  It won't hurt if you file for summary judgment.
[24:08.700 --> 24:12.620]  If you're not correct, they'll just deny the summary judgment, but it won't hurt your case
[24:12.620 --> 24:13.620]  at all.
[24:13.620 --> 24:17.820]  I understand, but you have to answer an action.
[24:17.820 --> 24:25.220]  I mean, how am I going to go argue a suit against you with you having the ability not
[24:25.220 --> 24:26.220]  to answer?
[24:26.220 --> 24:27.220]  Right.
[24:27.220 --> 24:30.700]  And that puts you at a distinct and unfair disadvantage.
[24:30.700 --> 24:31.700]  Exactly.
[24:31.700 --> 24:37.700]  That's why I understand you tell them to go look at it, but to me it's like, it's very
[24:37.700 --> 24:38.700]  unfair.
[24:38.700 --> 24:48.100]  Even if you find case law that says that the claim is denied, you can argue for change
[24:48.100 --> 24:49.100]  in law.
[24:49.100 --> 24:56.340]  You can argue that the statute is unconscionable or unconstitutional because it denies you
[24:56.340 --> 25:06.180]  due process, denies you in your ability to adjudicate your claim because it exempts the...
[25:06.180 --> 25:08.220]  What I submitted is not a claim.
[25:08.220 --> 25:12.060]  What I submitted is a suit through actions that I've...
[25:12.060 --> 25:14.620]  Oliver, you can't do that.
[25:14.620 --> 25:15.620]  Okay.
[25:15.620 --> 25:23.660]  If you did not include a claim in your suit, you cannot have remedy, period.
[25:23.660 --> 25:28.700]  Yes, you filed a suit and you can file actions in the suit.
[25:28.700 --> 25:36.580]  Like you can ask for a restraining order or some other order of the court, but if you
[25:36.580 --> 25:42.380]  don't include claims on which recovery can be had, you don't have a suit.
[25:42.380 --> 25:43.380]  No.
[25:43.380 --> 25:44.380]  I understand that.
[25:44.380 --> 25:50.980]  You're correct, but you're talking about claims that's underneath the category suit.
[25:50.980 --> 25:51.980]  I'm talking about...
[25:51.980 --> 25:56.620]  This is talking about claims before it gets into the judicial system.
[25:56.620 --> 26:02.020]  When I wasn't going to look it up, the claims are before it gets to the judicial system.
[26:02.020 --> 26:04.940]  I'm not sure what that means.
[26:04.940 --> 26:10.860]  Like let's say if I get in a car accident or the city, somebody in city employment hit
[26:10.860 --> 26:18.140]  my car, I go to them and make the claim saying, hey, here's my claim form and this employee
[26:18.140 --> 26:19.140]  hit me.
[26:19.140 --> 26:23.620]  It caused this damage, so now they take that claim.
[26:23.620 --> 26:29.780]  If they don't answer me back in 60 days, I can assume that it's automatically denied
[26:29.780 --> 26:31.260]  because the law says that.
[26:31.260 --> 26:38.420]  If it's denied, now I could take any further actions that I need to take to correct my
[26:38.420 --> 26:45.060]  situation, but on a suit or action, they have to answer in 60 days.
[26:45.060 --> 26:46.060]  They have to.
[26:46.060 --> 26:47.060]  Okay.
[26:47.060 --> 26:49.820]  I think you're misreading.
[26:49.820 --> 26:51.960]  You have a claim.
[26:51.960 --> 26:58.140]  If you filed the claim with the defendant outside of lawsuit and that's what they want
[26:58.140 --> 27:03.620]  you to do, to exercise you, that's an administrative remedy.
[27:03.620 --> 27:09.300]  The entity fails to respond to the administrative remedy.
[27:09.300 --> 27:14.900]  Now you have to come to the court and ask the court for an order directing them to respond.
[27:14.900 --> 27:15.900]  Okay.
[27:15.900 --> 27:22.540]  When you file that suit, you have to bring that claim into the court and ask the court
[27:22.540 --> 27:24.860]  to give you a ruling on that claim.
[27:24.860 --> 27:31.340]  Yeah, see, you're correct, but you just said suit, now it changes, suit.
[27:31.340 --> 27:32.900]  No, it doesn't change.
[27:32.900 --> 27:37.700]  You tried to make some magical differences, not there.
[27:37.700 --> 27:46.060]  You had the claim, the claim doesn't change, but you have to get the court to order them
[27:46.060 --> 27:53.260]  to respond to the claim if they don't do it on their own, but it's the same claim.
[27:53.260 --> 27:54.260]  Okay.
[27:54.260 --> 28:01.020]  You just bring it into court and all this says is they don't have to tell you why they
[28:01.020 --> 28:02.020]  oppose the claim.
[28:02.020 --> 28:03.020]  All right.
[28:03.020 --> 28:04.020]  All right.
[28:04.020 --> 28:05.020]  I understand.
[28:05.020 --> 28:08.380]  From what I understand, I'm going to go research it for further.
[28:08.380 --> 28:13.460]  From what I understand, yes, all those categories are correct, but a claim does not have to
[28:13.460 --> 28:14.460]  be answered.
[28:14.460 --> 28:15.460]  Yeah.
[28:15.460 --> 28:18.540]  It can be answered, but it does not have to be answered.
[28:18.540 --> 28:23.860]  A suit or action has to be answered because it's-
[28:23.860 --> 28:24.860]  Right.
[28:24.860 --> 28:27.540]  And you said that they have appeared in court already.
[28:27.540 --> 28:28.540]  Yes.
[28:28.540 --> 28:29.540]  He may-
[28:29.540 --> 28:33.700]  Have you filed any motions in the court up to this point?
[28:33.700 --> 28:35.700]  Yes, I have.
[28:35.700 --> 28:36.700]  Okay.
[28:36.700 --> 28:37.700]  And they answered those.
[28:37.700 --> 28:39.700]  They responded to those.
[28:39.700 --> 28:40.700]  Yes.
[28:40.700 --> 28:41.700]  Okay.
[28:41.700 --> 28:45.380]  So they've done that part.
[28:45.380 --> 28:54.980]  So the suit, the only thing they would have to answer are any motions, any actions, which
[28:54.980 --> 28:57.500]  apparently they did.
[28:57.500 --> 29:03.660]  So apparently they're not required to answer your suit itself.
[29:03.660 --> 29:10.260]  But while you may not be able to go for default judgment, you can certainly go for summary
[29:10.260 --> 29:21.500]  judgment because they fail to enter any evidence to show that your suit was not valid or that
[29:21.500 --> 29:25.780]  your claims were not valid.
[29:25.780 --> 29:30.340]  So while default wouldn't be, because of that statute, it would eliminate default, but it
[29:30.340 --> 29:32.860]  wouldn't eliminate summary judgment.
[29:32.860 --> 29:36.700]  Does that make sense?
[29:36.700 --> 29:41.420]  Yeah, it makes sense, but- Let me touch on it a little bit when we come
[29:41.420 --> 29:42.420]  back.
[29:42.420 --> 29:50.420]  Randy Kelton, Debra Stevens, Rule of Law Radio, I call it number 512-646-1984, and we'll be
[29:50.420 --> 30:02.580]  right back.
[30:02.580 --> 30:06.900]  It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.900 --> 30:07.900]  affected our health?
[30:07.900 --> 30:11.340]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how
[30:11.340 --> 30:15.660]  cell phones may actually alter our brain chemistry.
[30:15.660 --> 30:17.260]  Privacy is under attack.
[30:17.260 --> 30:20.860]  When you give up data about yourself, you'll never get it back again.
[30:20.860 --> 30:25.620]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.620 --> 30:27.060]  So protect your rights.
[30:27.060 --> 30:30.820]  Say no to surveillance and keep your information to yourself.
[30:30.820 --> 30:31.820]  Privacy.
[30:31.820 --> 30:33.380]  It's worth hanging on to.
[30:33.380 --> 30:37.680]  This public service announcement is brought to you by StartPage.com, the private search
[30:37.680 --> 30:41.220]  engine alternative to Google, Yahoo, and Bing.
[30:41.220 --> 30:45.060]  Start over with StartPage.
[30:45.060 --> 30:46.700]  Cell phones emit radio frequency energy.
[30:46.700 --> 30:47.700]  It's a fact.
[30:47.700 --> 30:51.660]  But whether it's dangerous to have a phone beaming this kind of radiation near your head
[30:51.660 --> 30:52.660]  has been disputed.
[30:52.660 --> 30:57.500]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.500 --> 31:01.940]  Well, now the Journal of the American Medical Association is confirming that cell phones
[31:01.940 --> 31:02.940]  affect brain chemistry.
[31:02.940 --> 31:08.180]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.180 --> 31:11.860]  to the cell phone antenna increases when the cell phone is on.
[31:11.860 --> 31:15.780]  While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:15.780 --> 31:16.780]  chances.
[31:16.780 --> 31:20.140]  I always keep the phone far from my body, and I use a corded headset.
[31:20.140 --> 31:30.700]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:30.700 --> 31:36.060]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:36.060 --> 31:38.300]  The government says that fire brought it down.
[31:38.300 --> 31:43.140]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.140 --> 31:45.860]  Over 6,000 of my fellow service members have given their lives.
[31:45.860 --> 31:48.580]  Thousands of my fellow first responders have died.
[31:48.580 --> 31:49.940]  I'm not a conspiracy theorist.
[31:49.940 --> 31:50.940]  I'm a structural engineer.
[31:50.940 --> 31:52.380]  I'm a New York City correctional officer.
[31:52.380 --> 31:53.380]  I'm an Air Force pilot.
[31:53.380 --> 31:55.020]  I'm a father who lost his son.
[31:55.020 --> 31:57.660]  We're Americans, and we deserve the truth.
[31:57.660 --> 31:59.620]  Go to RememberBuilding7.org today.
[31:59.620 --> 32:05.020]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.020 --> 32:08.900]  In today's America, we live in an us-against-them society, and if we, the people, are ever going
[32:08.900 --> 32:12.860]  to have a free society, then we're going to have to stand and defend our own rights.
[32:12.860 --> 32:16.060]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.060 --> 32:20.100]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.100 --> 32:23.940]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.940 --> 32:25.300]  our rights through due process.
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[32:29.300 --> 32:33.060]  most comprehensive teaching tool available that will help you understand what due process
[32:33.060 --> 32:35.460]  is and how to hold courts to the rule of law.
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[32:39.460 --> 32:40.780]  ordering your copy today.
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[32:50.460 --> 32:54.860]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
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[33:00.980 --> 33:06.220]  Live, free speech radio, logosradionetwork.com.
[33:06.220 --> 33:19.860]  Yeah, Mr. Officer, you're takin' the right hand.
[33:19.860 --> 33:24.860]  Won't you follow the law of the land?
[33:24.860 --> 33:29.860]  I don't understand.
[33:29.860 --> 33:40.220]  When you're gonna stop abuse, you're power.
[33:40.220 --> 33:45.780]  When you're gonna stop abuse, you're power.
[33:45.780 --> 33:50.660]  When you're gonna stop abuse, you're power.
[33:50.660 --> 33:51.660]  We are back.
[33:51.660 --> 33:53.780]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[33:53.780 --> 33:59.460]  Deborah's not on the air, but she's back in the background watching me like a hawk.
[33:59.460 --> 34:07.100]  And, Oliver, Olivier, Deborah thinks I screwed this all up.
[34:07.100 --> 34:10.420]  I'm trying not to fight with you.
[34:10.420 --> 34:14.780]  No, no, no, no, no, no, and this is not that, I'm trying to understand it.
[34:14.780 --> 34:20.820]  She's saying what she heard was, is if you follow the administrative claim, they have
[34:20.820 --> 34:26.660]  60 days in which to answer the administrative claim, and if they don't answer the administrative
[34:26.660 --> 34:29.380]  claim, it's deemed denied.
[34:29.380 --> 34:37.980]  But when you have to file the lawsuit, then that denial aspect doesn't apply, that they
[34:37.980 --> 34:40.660]  have 60 days to answer, period.
[34:40.660 --> 34:41.660]  Correct.
[34:41.660 --> 34:49.460]  Because I've seen several cases where the Supreme Court has upheld the default judgment
[34:49.460 --> 34:52.980]  against the city and the municipality.
[34:52.980 --> 34:55.580]  That's why I told you I didn't take a further...
[34:55.580 --> 35:01.020]  Okay, and this is, for me, this was difficult because I have challenged you a number of
[35:01.020 --> 35:04.460]  times, and you kicked my butt every time.
[35:04.460 --> 35:09.220]  So I'm trying to make sure we got this correct, is all.
[35:09.220 --> 35:10.220]  Okay.
[35:10.220 --> 35:15.620]  If that's the case, then absolutely default judgment, I mean, couldn't hurt.
[35:15.620 --> 35:20.220]  The worst that can happen is even the judge can deny it, and then you can appeal it.
[35:20.220 --> 35:21.220]  Correct.
[35:21.220 --> 35:31.460]  And if they read it the way the lawyer said, that would create an undue burden on the plaintiff.
[35:31.460 --> 35:37.780]  Yes, and then that'd be another judicial climate complaint on the judge, wouldn't it?
[35:37.780 --> 35:38.780]  I'm racking them up.
[35:38.780 --> 35:39.780]  I got to...
[35:39.780 --> 35:44.260]  No, not if the judge is following code.
[35:44.260 --> 35:51.260]  You're going to argue that the code itself creates the undue hardship, denies you in
[35:51.260 --> 36:00.580]  your right to, for equal protection of the laws, and you claim that it's unconstitutional,
[36:00.580 --> 36:09.020]  and ask the court to adjust the application of the law so that it falls with, so it doesn't
[36:09.020 --> 36:15.860]  create this hardship on a plaintiff, this unfair hardship, so you can ask for a change
[36:15.860 --> 36:16.860]  in the law.
[36:16.860 --> 36:21.860]  Even if the law is the way it is, and the courts have held that this is the way it is,
[36:21.860 --> 36:24.140]  you can argue it should be changed.
[36:24.140 --> 36:25.140]  Okay.
[36:25.140 --> 36:31.740]  Even if it's exactly the way I thought it was, you still got shot at them.
[36:31.740 --> 36:37.460]  So default judging, like chicken soup, couldn't hurt.
[36:37.460 --> 36:42.220]  Yeah, they can't answer anything, because anything they answer is going to be by law,
[36:42.220 --> 36:45.580]  and it's going to be in my favor.
[36:45.580 --> 36:49.740]  That may be why they didn't answer, because they're trying to find a way to dance around
[36:49.740 --> 36:50.740]  all this.
[36:50.740 --> 36:51.740]  Okay.
[36:51.740 --> 36:56.740]  Now, how do I deal with this officer?
[36:56.740 --> 37:03.420]  He says he really needed...
[37:03.420 --> 37:09.500]  He threatened to arrest my brother and a friend that he always seen me with.
[37:09.500 --> 37:13.100]  Have you filed any professional conduct complaints against him?
[37:13.100 --> 37:16.220]  A complaint against the officer?
[37:16.220 --> 37:17.220]  Yeah.
[37:17.220 --> 37:18.700]  The police officer?
[37:18.700 --> 37:19.700]  Yes.
[37:19.700 --> 37:22.020]  Where does that go to?
[37:22.020 --> 37:24.020]  That goes to his chief of police.
[37:24.020 --> 37:26.900]  Are you talking about a complaint?
[37:26.900 --> 37:32.500]  Yeah, a professional conduct complaint against the officer for harassment.
[37:32.500 --> 37:38.340]  I've been writing up complaints of him stopping me and arresting me, and you remember I told
[37:38.340 --> 37:39.340]  you that?
[37:39.340 --> 37:43.100]  They told me that they were not accepting my complaint until the trial was over, and
[37:43.100 --> 37:47.060]  then last time they told me that, oh, I had 30 days to...
[37:47.060 --> 37:52.300]  I was supposed to turn it in within 30 days, and I waited until the trial was over, so
[37:52.300 --> 37:56.340]  they're not going to accept my complaint, and I have that on video.
[37:56.340 --> 37:57.340]  Okay.
[37:57.340 --> 38:00.340]  That's a criminal complaint.
[38:00.340 --> 38:03.300]  I was talking about a professional conduct complaint.
[38:03.300 --> 38:05.420]  That's an administrative complaint with his boss.
[38:05.420 --> 38:06.420]  Yeah.
[38:06.420 --> 38:07.420]  Talking about in the police station, right?
[38:07.420 --> 38:09.940]  You go to the police station, and yes.
[38:09.940 --> 38:10.940]  Okay.
[38:10.940 --> 38:15.020]  Then you need to name the chief of police in the lawsuit.
[38:15.020 --> 38:17.860]  So write another lawsuit?
[38:17.860 --> 38:24.900]  Well, you can amend this one to name the chief of police because you gave notice to the chief
[38:24.900 --> 38:31.260]  of the behavior that led to the lawsuit, and he failed to take action, therefore he condoned
[38:31.260 --> 38:35.260]  it, makes him respond to yet superior.
[38:35.260 --> 38:38.740]  I want to take your advice on this first one because I don't want to stall him up to any
[38:38.740 --> 38:41.580]  more time that is on the case.
[38:41.580 --> 38:47.860]  I have him on the first one and three more incidences of false imprisonment, plus two
[38:47.860 --> 38:54.700]  more from two other officers, so if I have to write another...
[38:54.700 --> 38:56.980]  Where is your habeas now?
[38:56.980 --> 38:59.540]  Oh, they denied that already.
[38:59.540 --> 39:02.700]  No, did you appeal it to the court of appeals?
[39:02.700 --> 39:03.700]  Not yet.
[39:03.700 --> 39:06.700]  You need to appeal that quickly.
[39:06.700 --> 39:10.140]  Habeases need to move quickly.
[39:10.140 --> 39:17.660]  An appeal on a habeas would like the habeas have to stand before everything else, otherwise
[39:17.660 --> 39:20.580]  a habeas would have no purpose.
[39:20.580 --> 39:21.580]  You have a valid habeas.
[39:21.580 --> 39:29.100]  There's one reason I didn't appeal the habeas because me and my friends, since we got arrested,
[39:29.100 --> 39:35.940]  I got arrested on this other issue, I figured that I would refile these habeas again on
[39:35.940 --> 39:43.340]  this issue so they can deny it again because every time they deny it saying that I'm not
[39:43.340 --> 39:50.140]  in the restraint of my liberty, it's a misdemeanor against them, and I get to sue them.
[39:50.140 --> 39:55.860]  Okay, and then if you're not so concerned with being arrested, then...
[39:55.860 --> 40:03.380]  Not really, because I got the bondsmen, because they first met me, they thought I was crazy,
[40:03.380 --> 40:08.740]  but then when I started beating the cases, now once they find out it's the same charges,
[40:08.740 --> 40:09.740]  they came and got me out.
[40:09.740 --> 40:12.660]  They ain't been charging me no money this time, because I was on the way to pay them
[40:12.660 --> 40:18.060]  $100 on my bill, and I got arrested, so they locked me up, they charged me $11,000, and
[40:18.060 --> 40:21.220]  once they heard I was in there, they asked me to come get you, they didn't say nothing
[40:21.220 --> 40:24.860]  about no money, they was like, they keep on paying $100 a month, and we're going to take
[40:24.860 --> 40:28.020]  care of you, like, I guess they support you.
[40:28.020 --> 40:30.460]  Good, then you're in a good position.
[40:30.460 --> 40:35.180]  Yeah, and they know that I filed suit, they're like, are they crazy, they don't know, like,
[40:35.180 --> 40:39.980]  I don't know, I don't know, they don't tell the officers if they don't care.
[40:39.980 --> 40:47.380]  That's what I mean, these guys down on the bottom, we have, most of the officers are
[40:47.380 --> 40:53.580]  really good officers, and they want to help people who want to do the right thing.
[40:53.580 --> 40:58.660]  On occasion, we get people who go into this profession for reasons that should keep them
[40:58.660 --> 41:05.500]  out of this profession, and they are extremely dangerous, and it's generally the ones who
[41:05.500 --> 41:14.300]  are terrified, and they need this pistol on their hip to make them feel less afraid, and
[41:14.300 --> 41:20.620]  they need this job to hide the fact that they're terrified of everybody around them.
[41:20.620 --> 41:29.220]  It goes to a psychology, I really knew psychology once, and one of the tenets of the psychology
[41:29.220 --> 41:31.780]  is that people do opposites.
[41:31.780 --> 41:42.380]  You see someone who does something that stands out from the norm, then, you know, the example
[41:42.380 --> 41:44.820]  I use are what I call the Jesus freaks.
[41:44.820 --> 41:50.660]  Now, and I don't mean that derogatory to Christians, because I have a lot of good Christian friends
[41:50.660 --> 41:55.700]  and Pastor Massive, he picks on me all the time, that's not what I mean.
[41:55.700 --> 42:01.420]  What I mean is the one that when you see them, they, you look at them and they have this
[42:01.420 --> 42:08.780]  look that says, oh, look at me, I'm so pious.
[42:08.780 --> 42:18.100]  I ask myself, what statement is their behavior trying to make to me, because I consider everything
[42:18.100 --> 42:24.620]  somebody says, everything somebody does, as a statement to themselves about themselves.
[42:24.620 --> 42:29.900]  They make the statement out to the world and they see how the world responds to them.
[42:29.900 --> 42:37.100]  When someone does something that stands out from the cultural norm, like this super Christian
[42:37.100 --> 42:44.380]  posture, you know, the book I read says, Therefore, when thou doest thine alms, be not like the
[42:44.380 --> 42:50.260]  scribes and Pharisees that pray in the streets and synagogues to have glory of men.
[42:50.260 --> 42:52.980]  Those are the ones I'm talking about.
[42:52.980 --> 42:57.140]  So when they do something that stands out, ask yourself, what statement is that trying
[42:57.140 --> 42:58.140]  to make?
[42:58.140 --> 43:04.660]  And then ask yourself, what's the opposite that'll give you a good idea of what they
[43:04.660 --> 43:09.520]  actually hold in their heart and what they're trying to hide from everybody?
[43:09.520 --> 43:17.660]  When I was in Vietnam, the guys with the most bluster and strutted around and acted like
[43:17.660 --> 43:22.060]  the biggest, baddest guy on the block, when we started getting incoming, they were the
[43:22.060 --> 43:25.980]  first one under the table begging for their mamas.
[43:25.980 --> 43:29.300]  The guy that sat over there back in the corner and kept his mouth shut, that's the guy I
[43:29.300 --> 43:34.660]  wanted to be close to, because when it got hot, he got down, he got me in, he got down
[43:34.660 --> 43:36.100]  to business.
[43:36.100 --> 43:43.060]  So we have an officer here acting out, we've got something else going on, or he wouldn't
[43:43.060 --> 43:44.060]  be pushing this issue.
[43:44.060 --> 43:45.060]  Careful with this guy.
[43:45.060 --> 43:46.060]  Hang on.
[43:46.060 --> 43:55.980]  Randy Kelvin, Debra Stevens, and Radio, I'll call it number 512-646-1984, we'll be right
[43:55.980 --> 43:59.940]  back.
[43:59.940 --> 44:08.140]  Hello, my name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by our
[44:08.140 --> 44:13.500]  store at 1904 Guadalupe Street, Sweet D here in Austin, Texas, behind Brave New Books and
[44:13.500 --> 44:18.220]  Chase Bay, to see all our fantastic health and wellness products with your very own eyes.
[44:18.220 --> 44:22.620]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
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[44:30.340 --> 44:43.180]  Call 512-264-4043, or find us online at naturespureorganics.com, that's 512-264-4043, naturespureorganics.com.
[44:43.180 --> 45:01.260]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.260 --> 45:04.460]  Are you the plaintiff or defendant in a lawsuit?
[45:04.460 --> 45:11.220]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4 CD course
[45:11.220 --> 45:14.340]  that will show you how in 24 hours, step-by-step.
[45:14.340 --> 45:18.940]  If you have a lawyer, know what your lawyer should be doing.
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[45:23.180 --> 45:28.060]  Thousands have won with our step-by-step course, and now you can too.
[45:28.060 --> 45:34.860]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.860 --> 45:39.460]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:39.460 --> 45:43.660]  principles and practices that control our American courts.
[45:43.660 --> 45:49.860]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.860 --> 45:52.140]  pro se tactics, and much more.
[45:52.140 --> 45:59.940]  Please visit ruleoflawradio.com and click on the banner, or call toll-free, 866-LAW-EZ.
[45:59.940 --> 46:20.820]  A woman is not having a problem where you're going to look for one.
[46:20.820 --> 46:25.820]  If you could not wait any bout too long, would your purpose ask you to die?
[46:25.820 --> 46:32.100]  Not to stand around a soldier, a warrior of love, scuffle and they'll keep the peace.
[46:32.100 --> 46:36.060]  All they're taking is misunderstanding.
[46:36.060 --> 46:37.060]  Okay.
[46:37.060 --> 46:38.060]  We are back.
[46:38.060 --> 46:45.300]  Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Olivier in Tennessee.
[46:45.300 --> 46:46.300]  And that was my concern.
[46:46.300 --> 46:49.060]  I've been thinking, I was thinking about that earlier today.
[46:49.060 --> 46:55.380]  I was getting worried because these guys act stupid sometimes.
[46:55.380 --> 46:58.020]  And you're beating them up so bad.
[46:58.020 --> 47:00.220]  I'm just kind of concerned.
[47:00.220 --> 47:05.980]  I don't want things to get out of hand for you, but it sounds like you've got things
[47:05.980 --> 47:06.980]  together.
[47:06.980 --> 47:14.020]  As far as getting out of jail and getting around them, yeah, but now how do I drive
[47:14.020 --> 47:15.020]  a stake through it?
[47:15.020 --> 47:19.460]  To understand, I mean, I'm told that you're in a suit.
[47:19.460 --> 47:20.460]  Okay.
[47:20.460 --> 47:21.460]  Expect everything.
[47:21.460 --> 47:28.020]  He magically thinks that they dropped the charges in order to give me an opportunity
[47:28.020 --> 47:29.020]  to get a license.
[47:29.020 --> 47:31.060]  And that's why those charges would drop.
[47:31.060 --> 47:32.420]  I'm like, you're crazy.
[47:32.420 --> 47:35.820]  Once you drop a charge, it's just like losing a suit.
[47:35.820 --> 47:40.220]  Now I go to the other side of the ball and I sue you.
[47:40.220 --> 47:47.900]  And he just couldn't, his excuse was that the charges were dropped against me in order
[47:47.900 --> 47:50.740]  to give me a chance some more time to get a license.
[47:50.740 --> 47:53.980]  I'm like, you are not bright at all.
[47:53.980 --> 47:56.980]  Five times?
[47:56.980 --> 47:57.980]  He's not bright at all.
[47:57.980 --> 47:58.980]  I don't know it.
[47:58.980 --> 47:59.980]  I don't know it.
[47:59.980 --> 48:04.180]  Well, three or four of them have been dropped already.
[48:04.180 --> 48:09.060]  One of his has been dropped and he has three more that are going to court now, because
[48:09.060 --> 48:12.100]  it takes so long to go to court.
[48:12.100 --> 48:13.100]  Okay.
[48:13.100 --> 48:18.260]  And this is the one you filed the judicial conduct complaints against?
[48:18.260 --> 48:22.300]  Are you talking about the...
[48:22.300 --> 48:23.300]  The judge.
[48:23.300 --> 48:24.300] ...Officer?
[48:24.300 --> 48:25.300]  The judge?
[48:25.300 --> 48:26.300]  Yes.
[48:26.300 --> 48:30.620]  So you might move to recuse.
[48:30.620 --> 48:33.340]  Is this the one that denied the habeas?
[48:33.340 --> 48:39.300]  Yeah, I have two of them, one in general session and the one in circuit court.
[48:39.300 --> 48:46.660]  You moved to disqualify them because of your criminal accusations against them.
[48:46.660 --> 48:50.220]  And you might consider a lawsuit against them.
[48:50.220 --> 48:54.540]  I don't have no problem beating them up in court and getting it dismissed.
[48:54.540 --> 48:58.740]  So, I mean, why would I move them?
[48:58.740 --> 49:03.020]  They're already familiar with me and they're familiar with dismissing my cases.
[49:03.020 --> 49:06.300]  Dismissing my cases has never been an issue.
[49:06.300 --> 49:07.300]  Okay.
[49:07.300 --> 49:15.020]  But when all these other procedures, they are not adhering to, but when it comes down
[49:15.020 --> 49:18.420]  for us to go to trial and put people in the box, they don't want it.
[49:18.420 --> 49:21.420]  They don't want it with me.
[49:21.420 --> 49:26.700]  Well, Ken, you're unusual in your perspective.
[49:26.700 --> 49:29.500]  So I'm having a little difficulty.
[49:29.500 --> 49:34.860]  I hate to advise people to do things that cause them more problems.
[49:34.860 --> 49:39.220]  But you seem to be, you're doing what I do.
[49:39.220 --> 49:43.540]  You're picking your fights and it's hard for me to get used to somebody who picks their
[49:43.540 --> 49:48.020]  fights.
[49:48.020 --> 49:53.820]  So as long as you've got this in control, ignore my cautions.
[49:53.820 --> 49:54.820]  I'm just concerned.
[49:54.820 --> 49:55.820]  Yeah.
[49:55.820 --> 50:01.860]  I'm trying to figure out how do I get to the officer because everyone else is following
[50:01.860 --> 50:07.700]  the line as far as dismissing my cases and, but see everything I say.
[50:07.700 --> 50:12.100]  Try suing him personally.
[50:12.100 --> 50:18.100]  In that, okay, maybe in that complaint, in that lawsuit that I wrote, I sued him personally
[50:18.100 --> 50:24.180]  and in the, in his official capacity and it does not, that, that doesn't work.
[50:24.180 --> 50:26.700]  I have to write another lawsuit.
[50:26.700 --> 50:37.780]  Let me see if the, did the city provide him with counsel?
[50:37.780 --> 50:40.820]  The city, the city, yes.
[50:40.820 --> 50:46.300]  The city did say that they are representing the defendants in that case.
[50:46.300 --> 50:54.660]  You might object to the, to the individual using public funds to defend himself when
[50:54.660 --> 50:58.060]  he sued in his personal capacity.
[50:58.060 --> 51:00.940]  It's probably statutes authorizing that though.
[51:00.940 --> 51:02.660]  I have, I've done that before.
[51:02.660 --> 51:10.340]  We sued a judge in Austin and he got the, we sued him in his personal capacity for acting
[51:10.340 --> 51:16.860]  without subject matter of jurisdiction and he got the county attorney to write his lawsuit.
[51:16.860 --> 51:27.060]  So we amended the suit to include the county attorney for misappropriation of public funds.
[51:27.060 --> 51:36.740]  But otherwise you may not have an easy path to the officer and it's, I am surprised that
[51:36.740 --> 51:45.700]  they haven't stopped this officer from arresting you because they're digging a tremendously
[51:45.700 --> 51:47.060]  deep hole.
[51:47.060 --> 51:55.620]  If they get a ruling against him, you, you, what you might do is the next time you sue
[51:55.620 --> 52:00.540]  instead of suing the officer, sue the chief of police.
[52:00.540 --> 52:05.620]  Well I did put in that restraining order in the proper case in the lawsuit because the
[52:05.620 --> 52:10.700]  clerk told me that I had to put it in the case that I already had, so I'm like, oh perfect.
[52:10.700 --> 52:14.260]  I already had him on suit for false imprisonment and this is the third time that he's done
[52:14.260 --> 52:16.380]  it after I got him on suit.
[52:16.380 --> 52:20.020]  So I filed it in there, but the judges were on some kind of convention this week.
[52:20.020 --> 52:24.380]  He said that he was going to have to mail it to the judges and then get it mailed back
[52:24.380 --> 52:25.380]  or whatever.
[52:25.380 --> 52:30.820]  So I'm waiting for that answer or what happens in that situation and that is in the circuit
[52:30.820 --> 52:31.820]  court.
[52:31.820 --> 52:33.500]  It's in the civil circuit court.
[52:33.500 --> 52:44.260]  Okay, then you may actually get a restraining order in this case because it's just reasonable
[52:44.260 --> 52:47.300]  politically from their side.
[52:47.300 --> 52:56.320]  If by some strange chance you happen to beat these guys, then, or even fighting the case,
[52:56.320 --> 53:02.380]  you can show a deliberate harassment by the repeated arrest for the same offense when
[53:02.380 --> 53:04.700]  you have dismissals of the case.
[53:04.700 --> 53:06.700]  It's not going to look good for them.
[53:06.700 --> 53:07.700]  Right.
[53:07.700 --> 53:10.700]  But you say if I beat these guys, they already beat you, right?
[53:10.700 --> 53:11.700]  I got a dismissal.
[53:11.700 --> 53:15.620]  No, no, you don't understand.
[53:15.620 --> 53:17.040]  Okay.
[53:17.040 --> 53:24.420]  You will never win your case simply because you have the law and the facts on your side.
[53:24.420 --> 53:26.980]  To think so is naive.
[53:26.980 --> 53:28.940]  It is not that way now.
[53:28.940 --> 53:31.020]  It never has been that way.
[53:31.020 --> 53:36.540]  You'll win your case if you have the politics on your side.
[53:36.540 --> 53:42.020]  So we have to think of more than just rule of law.
[53:42.020 --> 53:47.460]  How do you apply political pressure?
[53:47.460 --> 53:53.060]  You write them up, you lose your conduct, you get the top to come down.
[53:53.060 --> 53:54.060]  Exactly.
[53:54.060 --> 54:04.620]  That creates political pressure outside the case to get this issue resolved.
[54:04.620 --> 54:10.140]  If it's just you and the city, the city will fight you until hell freezes over.
[54:10.140 --> 54:15.120]  But if it's the district judge and the court of appeals judges saying, you guys better
[54:15.120 --> 54:20.860]  do something, get this guy off our case, that changes everything.
[54:20.860 --> 54:31.540]  So I helped over 700 people file federal lawsuits and the federal courts dismissed almost every
[54:31.540 --> 54:37.420]  single one of them out of hand, make no difference what we filed.
[54:37.420 --> 54:40.500]  They did not care, they dismissed it out of hand.
[54:40.500 --> 54:46.860]  I got criminal charges against a federal judge now for doing that because I finally got tired
[54:46.860 --> 54:52.900]  of it and was looking for another way to generate some politics.
[54:52.900 --> 54:58.580]  And when I filed criminal charges with the district clerk, the federal district clerk,
[54:58.580 --> 55:07.060]  then the judge that dismissed every pro se action out of hand got a pro se action, an
[55:07.060 --> 55:11.500]  eviction case removed to the federal court and they generally sent it back down the next
[55:11.500 --> 55:14.740]  day, he did not send it back down.
[55:14.740 --> 55:17.980]  So it did get his attention.
[55:17.980 --> 55:24.100]  You and I, we can create politics and you do have to, and the higher you go, the better.
[55:24.100 --> 55:29.220]  You want to, you want to stay away from the guys at the bottom if you can.
[55:29.220 --> 55:36.260]  The guys at the bottom, they're low level, they don't have as many people trying to take
[55:36.260 --> 55:38.540]  their position.
[55:38.540 --> 55:45.220]  The higher up the guy gets in the pecking order, the more people he has that wants his
[55:45.220 --> 55:46.220]  job.
[55:46.220 --> 55:51.980]  I got all the highest judges in Texas put in front of a grand jury once over something
[55:51.980 --> 55:54.540]  really technical.
[55:54.540 --> 56:01.540]  And I thought it was all the pressure I put on the prosecutor and the judges in Austin
[56:01.540 --> 56:11.260]  and all of my convincing rhetoric and turned out had nothing to do with any of that.
[56:11.260 --> 56:15.980]  It had to do with the prosecuting attorney, a 25 year prosecutor, not running for office
[56:15.980 --> 56:16.980]  again.
[56:16.980 --> 56:26.100]  He's a Democrat and all 15 of those judges are Republicans and he used my complaint as
[56:26.100 --> 56:29.860]  cannon fodder to try to take them out with him.
[56:29.860 --> 56:34.580]  That's how you create politics.
[56:34.580 --> 56:41.300]  You got this judge here, he's trying to keep everybody happy and you sting him with a judicial
[56:41.300 --> 56:42.300]  conduct complaint.
[56:42.300 --> 56:46.620]  You go down to the prosecutor and you file criminal charges against him and even if prosecutors
[56:46.620 --> 56:52.420]  don't do anything, you file against the prosecutor and you just throw up this big stink.
[56:52.420 --> 56:59.300]  And when this judge runs for office next time, he knows for certain this scoundrel Olivier
[56:59.300 --> 57:04.340]  is going to go to my opponent and give him copies of those complaints against me and
[57:04.340 --> 57:06.700]  he's going to wave them in front of the voters.
[57:06.700 --> 57:07.700]  Oh politics.
[57:07.700 --> 57:14.740]  This is a big issue too, this is a big issue and that's probably where I come from.
[57:14.740 --> 57:21.060]  All right, can I give you a quick overview of if he does the war default judgment, how
[57:21.060 --> 57:24.980]  soon would I collect or is it collected?
[57:24.980 --> 57:26.980]  Oh, 10 years.
[57:26.980 --> 57:28.460]  10 years?
[57:28.460 --> 57:38.180]  Yeah, these guys, if he awards them default judgment, they're going to appeal.
[57:38.180 --> 57:43.380]  And then it's going to take probably a year or a year and a half to get through the appeals
[57:43.380 --> 57:44.380]  court.
[57:44.380 --> 57:50.700]  And the appeals court is even if they rule in their favor, then they're going to appeal
[57:50.700 --> 57:53.420]  again to the spring.
[57:53.420 --> 57:58.700]  It's a long process, don't expect, unless you can make a deal with them.
[57:58.700 --> 58:01.100]  How about my property?
[58:01.100 --> 58:05.460]  Your property, give them to make you a deal.
[58:05.460 --> 58:10.020]  You'll stop beating them up if they'll pay you double the amount of your property.
[58:10.020 --> 58:15.300]  You should always be working toward making a deal and never be ashamed to make a deal
[58:15.300 --> 58:16.300]  with them.
[58:16.300 --> 58:19.420]  You make a deal with them, you get their money, now you go back and fight them with their
[58:19.420 --> 58:24.420]  money.
[58:24.420 --> 58:25.420]  Okay.
[58:25.420 --> 58:26.420]  All right.
[58:26.420 --> 58:27.420]  Thank you.
[58:27.420 --> 58:28.420]  Okay.
[58:28.420 --> 58:29.420]  Thank you, Olivier.
[58:29.420 --> 58:31.700]  This is Randy Kelton, Devin Stevens, Rule of Law Radio.
[58:31.700 --> 58:37.300]  I call it number 512-646-1984, we're going to our top of the hour break, it's a good
[58:37.300 --> 58:42.900]  time to go to Logos Radio Network and check out our sponsor page and help us support this
[58:42.900 --> 58:43.900]  network.
[58:43.900 --> 58:50.340]  We'll be right back.
[58:50.340 --> 58:55.740]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.740 --> 58:58.540]  because they struggle to understand it.
[58:58.540 --> 59:03.940]  Some new translations try to help by simplifying the text, but in the process can compromise
[59:03.940 --> 59:07.180]  the profound meaning of the scripture.
[59:07.180 --> 59:08.980]  Enter the recovery version.
[59:08.980 --> 59:14.900]  First, this new translation is extremely faithful and accurate, but the real story is the more
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[59:23.620 --> 59:28.340]  into the riches of the Word beyond which you've ever experienced before.
[59:28.340 --> 59:33.480]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.480 --> 59:43.900]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:43.900 --> 59:47.980]  or by ordering online at freestudybible.com.
[59:47.980 --> 59:48.980]  That's freestudybible.com.
[59:48.980 --> 01:00:00.860]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.860 --> 01:00:06.060]  The following these flashes brought to you by the Lone Star Lowdown, providing your daily
[01:00:06.060 --> 01:00:13.660]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[01:00:13.660 --> 01:00:21.540]  into the tides of the alternative.
[01:00:21.540 --> 01:00:27.460]  Markets for Wednesday, the 5th of October, 2016 are currently trending with gold at $1,266.60
[01:00:27.460 --> 01:00:34.260]  an ounce, silver at $17.72 an ounce, Texas crude at $48.69 a barrel, and Bitcoin is crowned
[01:00:34.260 --> 01:00:43.540]  sitting at about $613 U.S. currency.
[01:00:43.540 --> 01:00:48.540]  Today in history, the year 1947, the first televised White House presidential address
[01:00:48.540 --> 01:00:56.580]  is given by then U.S. President Harry S. Truman today in history.
[01:00:56.580 --> 01:01:00.820]  One recent news, the Paris Climate Agreement is set to take effect next month, adopted
[01:01:00.820 --> 01:01:07.580]  by consensus on December 12, 2015, at the 21st Conference of the Parties of the UNFCCC
[01:01:07.580 --> 01:01:12.140]  or United Nations Framework Convention on Climate Change in Paris, and open for signatures
[01:01:12.140 --> 01:01:17.340]  on the 22nd of April, 2016, Earth Day, and a ceremony in New York City.
[01:01:17.340 --> 01:01:19.220]  It is set to take effect on November 4.
[01:01:19.220 --> 01:01:23.180]  It is essentially a global agreement for the redirecting of the world economy away from
[01:01:23.180 --> 01:01:26.900]  fossil fuels towards more greenhouse-friendly forms of energy.
[01:01:26.900 --> 01:01:31.260]  President Obama, speaking from the Rose Garden, talking about the agreement, said that, quote,
[01:01:31.260 --> 01:01:35.980]  this gives us the best possible shot to save the one planet we've got, and that one of
[01:01:35.980 --> 01:01:40.060]  the reasons I took this office was to make America the leader in this mission.
[01:01:40.060 --> 01:01:44.580]  The agreement already has support from major greenhouse gas emitters like China, the United
[01:01:44.580 --> 01:01:49.580]  States, and India, and in total, 72 out of 195 countries have ratified the agreement,
[01:01:49.580 --> 01:01:51.140]  according to the UN.
[01:01:51.140 --> 01:01:54.780]  American presidential candidate Donald Trump opposes the agreement since it lacks the approval
[01:01:54.780 --> 01:02:04.460]  of the U.S. Congress, while Democratic nominee Hillary Clinton is a strong supporter.
[01:02:04.460 --> 01:02:08.340]  More than 50 correctional officers and inmates inside Maryland's largest state prison were
[01:02:08.340 --> 01:02:12.260]  charged by prosecutors Wednesday, today, with bribery and drug conspiracy.
[01:02:12.260 --> 01:02:16.500]  The guards are accused of smuggling cell phones, tobacco, and drugs into the Eastern Shore
[01:02:16.500 --> 01:02:21.980]  facility in exchange for money and sex, according to indictments unsealed in a federal investigation.
[01:02:21.980 --> 01:02:26.020]  Apparently, prison guards were passing through security with undetected heroin, cocaine,
[01:02:26.020 --> 01:02:30.060]  and pornographic videos, which were then handed off to inmates in exchange for hundreds of
[01:02:30.060 --> 01:02:31.060]  dollars.
[01:02:31.060 --> 01:02:34.660]  They were also being accused of warning inmates when prison officials were preparing to search
[01:02:34.660 --> 01:02:39.940]  cells and of using force and intimidation to silence inmates who were reporting the smuggling.
[01:02:39.940 --> 01:02:43.460]  According to court records, inmates were using the prison phones and their contraband cell
[01:02:43.460 --> 01:02:46.420]  phones to pay off correctional officers through PayPal.
[01:02:46.420 --> 01:02:51.300]  They were hustling $500 for each package on average and as much as $3,000 a week, according
[01:02:51.300 --> 01:02:52.300]  to investigators.
[01:02:52.300 --> 01:03:14.740]  This is Brooke Rode with the Lowdown for October 5th, 2016.
[01:03:14.740 --> 01:03:32.420]  This is Brooke Rode with the Lowdown for October 5th, 2016.
[01:04:02.420 --> 01:04:14.700]  Okay, we are back, Randy Kelton, Debra Stevens, Rule of Law Radio, and we're going to Jeff
[01:04:14.700 --> 01:04:15.700]  from Mississippi.
[01:04:15.700 --> 01:04:16.700]  Hello, Jeff.
[01:04:16.700 --> 01:04:20.020]  Hey, Randy, thanks for having me on.
[01:04:20.020 --> 01:04:27.340]  Yeah, I'm sorry to keep you waiting for so long, but Olivier seems to know more about
[01:04:27.340 --> 01:04:29.900]  what he's doing, certainly, than I do.
[01:04:29.900 --> 01:04:33.020]  He has really been good.
[01:04:33.020 --> 01:04:39.420]  Well, I've got three things.
[01:04:39.420 --> 01:04:47.180]  First of all, the case that I had in the Mississippi Federal Court that got dismissed for a judge,
[01:04:47.180 --> 01:04:55.460]  I filed a notice of appeal, and yesterday I received a letter, a notice from them, which
[01:04:55.460 --> 01:05:03.340]  was the Fifth Circuit Court of Appeals in New Orleans, that they needed for myself to
[01:05:03.340 --> 01:05:06.380]  get ahold of the court reporter to get ahold of transcripts.
[01:05:06.380 --> 01:05:08.180]  Well, I never had a trial.
[01:05:08.180 --> 01:05:11.660]  The judge just dismissed the case on his own.
[01:05:11.660 --> 01:05:14.860]  Okay, there is a form for that.
[01:05:14.860 --> 01:05:21.900]  Okay, well, the clerk, the letter said that you have 15 days to get all that done.
[01:05:21.900 --> 01:05:27.540]  So I called the clerk, and I told her what I just told you, and she said, oh, okay, we've
[01:05:27.540 --> 01:05:28.540]  made a mistake.
[01:05:28.540 --> 01:05:30.460]  You never had a trial.
[01:05:30.460 --> 01:05:37.180]  Don't worry about the 15 days.
[01:05:37.180 --> 01:05:41.980]  The district court is going to send us all the motions, and we will just simply send
[01:05:41.980 --> 01:05:45.940]  you a briefing schedule when you're done, so don't worry about the 15 days and having
[01:05:45.940 --> 01:05:46.940]  to get the transcript.
[01:05:46.940 --> 01:05:50.580]  And I asked her, well, I don't want to get in trouble for the 15 days.
[01:05:50.580 --> 01:05:53.020]  Do I need to at least write you a letter?
[01:05:53.020 --> 01:05:54.580]  And she said, no, don't worry about it.
[01:05:54.580 --> 01:05:57.060]  So my question to you is, do you trust her?
[01:05:57.060 --> 01:05:58.060]  Yes.
[01:05:58.060 --> 01:05:59.060]  Is that okay?
[01:05:59.060 --> 01:06:03.260]  This is the Court of Appeals.
[01:06:03.260 --> 01:06:06.820]  If you go back to the Court of Appeals and say you followed the instructions of their
[01:06:06.820 --> 01:06:10.820]  clerk, you're not going to have any problem.
[01:06:10.820 --> 01:06:11.820]  This is the Court of Appeals.
[01:06:11.820 --> 01:06:15.380]  This is not traffic court or a local district court.
[01:06:15.380 --> 01:06:17.380]  These guys are a lot more careful.
[01:06:17.380 --> 01:06:18.380]  Okay.
[01:06:18.380 --> 01:06:22.980]  Well, I'm not on record so far, so I wanted to make sure that I covered my bases.
[01:06:22.980 --> 01:06:27.180]  So she said, don't do anything, and we'll just get a hold of you in about 30 days to
[01:06:27.180 --> 01:06:29.260]  give you a 40-day briefing schedule.
[01:06:29.260 --> 01:06:30.260]  Yeah.
[01:06:30.260 --> 01:06:33.460]  Yeah, I wouldn't be concerned about that.
[01:06:33.460 --> 01:06:42.260]  We just filed a, we've got an appeal in the Second Circuit, and they just sent him notice
[01:06:42.260 --> 01:06:46.660]  that he didn't give them proper proof of service.
[01:06:46.660 --> 01:06:54.340]  All the parties have lawyers, and their lawyers have filed a notice with the court that they're
[01:06:54.340 --> 01:06:55.740]  representing their clients.
[01:06:55.740 --> 01:07:03.940]  So I told the guy, told the clerk that notice is moot, as all parties have responded.
[01:07:03.940 --> 01:07:04.940]  Okay.
[01:07:04.940 --> 01:07:07.940]  Yeah, it won't be a problem.
[01:07:07.940 --> 01:07:19.340]  Okay, so my second question is, I have a trial coming up here in Arkansas, and it is a Title
[01:07:19.340 --> 01:07:24.700]  42, 1983 trial in the Western District of Arkansas.
[01:07:24.700 --> 01:07:30.660]  And so what I got is a scheduling order.
[01:07:30.660 --> 01:07:39.580]  It's kind of a reminder, and part of it says a pre-trial disclosure sheet.
[01:07:39.580 --> 01:07:48.540]  So by November the 21st, they want a sheet or a form that has witnesses and exhibits
[01:07:48.540 --> 01:07:53.660]  must be listed on the pre-trial information sheet.
[01:07:53.660 --> 01:07:59.860]  And it also says that both counsel needs to get together to talk about, you know, what
[01:07:59.860 --> 01:08:04.100]  witnesses and what exhibits.
[01:08:04.100 --> 01:08:06.300]  So what do you know about that, and what should I watch out?
[01:08:06.300 --> 01:08:09.220]  Do I need to contact this guy, like as quick as possible?
[01:08:09.220 --> 01:08:17.060]  Yeah, call the lawyers and talk to the lawyers here in, well, we're in the Fifth Circuit.
[01:08:17.060 --> 01:08:23.340]  Judge McBride, the district judge here, when you file a suit, he requires you to meet with
[01:08:23.340 --> 01:08:25.580]  the lawyers personally.
[01:08:25.580 --> 01:08:32.580]  No telephone, no email, you got to sit down face-to-face and meet with the other lawyer.
[01:08:32.580 --> 01:08:36.700]  These courts want you to talk to this other lawyer because they want you guys to make
[01:08:36.700 --> 01:08:40.860]  a deal if you can before it goes any further.
[01:08:40.860 --> 01:08:44.140]  So feel free to contact the lawyer.
[01:08:44.140 --> 01:08:50.020]  Oh, so the judge or the court itself really may not want us to go to trial.
[01:08:50.020 --> 01:08:53.500]  Oh, they never want you to go to trial.
[01:08:53.500 --> 01:08:58.420]  And the vast majority of all cases never do go to trial.
[01:08:58.420 --> 01:09:03.580]  And for the most part, you know, you're a process, so you're going to object to oral
[01:09:03.580 --> 01:09:04.580]  argument.
[01:09:04.580 --> 01:09:06.780]  They won't ever see you.
[01:09:06.780 --> 01:09:11.540]  And if they can get you guys to come to some kind of solution before the court of appeals
[01:09:11.540 --> 01:09:16.020]  rules, they want you to do that.
[01:09:16.020 --> 01:09:22.660]  So in that regard, that means you can always feel comfortable calling the lawyer on the
[01:09:22.660 --> 01:09:25.260]  other side, talking to him.
[01:09:25.260 --> 01:09:26.780]  Now what about the other lawyer?
[01:09:26.780 --> 01:09:31.700]  Does he want to go to trial and bill the other people so he can make a lot of money or does
[01:09:31.700 --> 01:09:33.660]  he want to get out of this too?
[01:09:33.660 --> 01:09:36.060]  He probably wants to get out of it too.
[01:09:36.060 --> 01:09:37.060]  Really?
[01:09:37.060 --> 01:09:41.540]  Well, there's a chance he's going to lose.
[01:09:41.540 --> 01:09:43.180]  I didn't think they cared about that.
[01:09:43.180 --> 01:09:44.900]  I thought they were just billing people.
[01:09:44.900 --> 01:09:47.780]  Oh, no, they do care about losing.
[01:09:47.780 --> 01:09:49.380]  Okay.
[01:09:49.380 --> 01:09:51.100]  They want to win.
[01:09:51.100 --> 01:09:53.820]  That keeps their dollar flow up.
[01:09:53.820 --> 01:09:55.380]  They charge more money if they win.
[01:09:55.380 --> 01:09:58.860]  They don't go to try to get a good client.
[01:09:58.860 --> 01:10:03.140]  You know, this guy's representing the university.
[01:10:03.140 --> 01:10:04.140]  He don't want to be losing.
[01:10:04.140 --> 01:10:05.620]  They'll get somebody else.
[01:10:05.620 --> 01:10:11.140]  Oh, I thought he just worked for the government and just got to bill them however he wanted
[01:10:11.140 --> 01:10:12.140]  to.
[01:10:12.140 --> 01:10:19.700]  No, these guys work for the university and if he don't do good, they fire him.
[01:10:19.700 --> 01:10:23.260]  Okay, so they don't want to risk losing.
[01:10:23.260 --> 01:10:27.740]  Okay, so the courts don't want me to go to trial and the other attorney may not want
[01:10:27.740 --> 01:10:30.060]  to go to trial if he thinks he's going to lose.
[01:10:30.060 --> 01:10:31.060]  Right.
[01:10:31.060 --> 01:10:33.540]  If there's any chance of him losing.
[01:10:33.540 --> 01:10:36.060]  Does he think he's going to...
[01:10:36.060 --> 01:10:37.980]  Okay, it's all politics.
[01:10:37.980 --> 01:10:39.980]  I understand.
[01:10:39.980 --> 01:10:47.700]  If you try to deal this out with these guys and they refuse to deal it out and there are
[01:10:47.700 --> 01:10:51.740]  ways of letting the other side, letting the judge know that, you know, like ask the judge
[01:10:51.740 --> 01:10:55.100]  to order mediation.
[01:10:55.100 --> 01:11:02.540]  If that lawyer forces this to trial and you've tried to deal it out, these judges are not
[01:11:02.540 --> 01:11:05.980]  going to be happy with it.
[01:11:05.980 --> 01:11:09.100]  They got a full docket.
[01:11:09.100 --> 01:11:11.860]  They got all they can keep up with.
[01:11:11.860 --> 01:11:15.940]  They would rather be out playing golf.
[01:11:15.940 --> 01:11:23.100]  You interfere with my golf time, I'm going to cut a button off your shirt.
[01:11:23.100 --> 01:11:25.020]  Okay.
[01:11:25.020 --> 01:11:28.020]  They all know that.
[01:11:28.020 --> 01:11:33.740]  The court of appeals will say, don't you push something into my court unless you can't keep
[01:11:33.740 --> 01:11:34.740]  it from getting here.
[01:11:34.740 --> 01:11:41.420]  I'm going to kick your beehive, it's all politics.
[01:11:41.420 --> 01:11:44.740]  I think that I'm going to call this attorney and he's going to be real arrogant and say
[01:11:44.740 --> 01:11:48.420]  that I'm, you know, you're going to lose, I'm going to beat you, blah, blah, blah.
[01:11:48.420 --> 01:11:50.620]  And he's probably not going to want to deal with me anyway.
[01:11:50.620 --> 01:11:55.380]  Well, then you get to, you know, if the court has any questions about it, you can tell him
[01:11:55.380 --> 01:11:59.820]  you tried to deal with this guy, but he was real arrogant and smarty mouth.
[01:11:59.820 --> 01:12:03.980]  Do that by writing him a letter, by writing the judge a letter?
[01:12:03.980 --> 01:12:07.180]  No, never write the judge a letter.
[01:12:07.180 --> 01:12:08.900]  There are other ways of doing this.
[01:12:08.900 --> 01:12:14.940]  You can petition the court and ask them to order mediation.
[01:12:14.940 --> 01:12:16.660]  Got it.
[01:12:16.660 --> 01:12:24.140]  They won't grant mediation, but you can ask them to anyway and tell this guy's been a
[01:12:24.140 --> 01:12:25.140]  real jerk.
[01:12:25.140 --> 01:12:30.260]  So we're going to ask you to, I've been trying to deal this out and get this off your docket,
[01:12:30.260 --> 01:12:32.820]  but he's been recalcitrant.
[01:12:32.820 --> 01:12:37.780]  Can you order him to go to mediation with me?
[01:12:37.780 --> 01:12:39.100]  Okay.
[01:12:39.100 --> 01:12:47.140]  And almost certainly they won't, but they'll make him look bad.
[01:12:47.140 --> 01:12:48.140]  Okay.
[01:12:48.140 --> 01:12:57.180]  The last question is with my other trials, I did pretty bad on opening statements because
[01:12:57.180 --> 01:13:00.180]  I was the defendant and I really didn't care.
[01:13:00.180 --> 01:13:03.740]  But since I'm the plaintiff and this is a civil suit, I really want to come off looking
[01:13:03.740 --> 01:13:04.740]  good.
[01:13:04.740 --> 01:13:11.340]  And so I've never done a good opening statement and would be some of the pointers that you
[01:13:11.340 --> 01:13:12.820]  would give me.
[01:13:12.820 --> 01:13:13.820]  Okay.
[01:13:13.820 --> 01:13:14.820]  Brief.
[01:13:14.820 --> 01:13:16.980]  Be brief.
[01:13:16.980 --> 01:13:17.980]  These are the facts.
[01:13:17.980 --> 01:13:18.980]  Okay.
[01:13:18.980 --> 01:13:24.380]  This is what I will prove.
[01:13:24.380 --> 01:13:29.780]  These are the claims I have against the other side.
[01:13:29.780 --> 01:13:32.820]  These are the facts I have in support of those claims.
[01:13:32.820 --> 01:13:33.820]  Okay.
[01:13:33.820 --> 01:13:38.020]  I have a method of writing legal pleadings.
[01:13:38.020 --> 01:13:49.820]  You might, you've already got yours written, but look at your prayer to the court.
[01:13:49.820 --> 01:13:53.740]  Have you gotten pattern jury charges?
[01:13:53.740 --> 01:13:55.260]  No.
[01:13:55.260 --> 01:13:56.940]  Okay.
[01:13:56.940 --> 01:14:02.380]  I want you to take the phone and beat yourself around the eyes and the ears.
[01:14:02.380 --> 01:14:04.980]  Well, what are those?
[01:14:04.980 --> 01:14:05.980]  Okay.
[01:14:05.980 --> 01:14:14.660]  For each cause of action that you claim, go online and do a search for pattern jury charges.
[01:14:14.660 --> 01:14:23.660]  This is the last thing the judge will say to a jury before he sends them out to deliberate.
[01:14:23.660 --> 01:14:28.620]  This is what you must find.
[01:14:28.620 --> 01:14:33.660]  On this cause of action, you must find this element, this element, this element, this
[01:14:33.660 --> 01:14:35.900]  element.
[01:14:35.900 --> 01:14:44.060]  If you don't find every one of those, you must rule against the plaintiff.
[01:14:44.060 --> 01:14:51.060]  Get pattern jury charges for each element, for each claim that you have.
[01:14:51.060 --> 01:14:55.900]  Now, this is what you got to prove.
[01:14:55.900 --> 01:15:03.660]  And you take the pattern jury charge and turn it into an introduction, into opening statement.
[01:15:03.660 --> 01:15:05.020]  Okay.
[01:15:05.020 --> 01:15:08.380]  From that, this is what they did.
[01:15:08.380 --> 01:15:14.700]  And you go down the elements, say they did this, that constitutes the first element.
[01:15:14.700 --> 01:15:18.500]  You'll prove they did this, they did this, they did this, they did this.
[01:15:18.500 --> 01:15:27.300]  Each one of those should go directly to an element of the cause of action.
[01:15:27.300 --> 01:15:31.980]  That's the only thing that matters.
[01:15:31.980 --> 01:15:41.260]  If it doesn't go to an element of a cause of action, you are wasting everybody's time.
[01:15:41.260 --> 01:15:50.020]  So make sure you get those pattern jury charges, then you know exactly what to tell them and
[01:15:50.020 --> 01:15:55.380]  essentially you know the order to tell them.
[01:15:55.380 --> 01:16:01.340]  Because this is what the judge is going to read to them before they go out to deliberate.
[01:16:01.340 --> 01:16:10.740]  Or if the judge does the deliberation himself, then this is what he's going to do.
[01:16:10.740 --> 01:16:14.140]  And this is the order he's going to do it in.
[01:16:14.140 --> 01:16:19.460]  So if you give him what he expects to see and the order he expects to see it and make
[01:16:19.460 --> 01:16:24.900]  sure you've addressed each element with facts and law, then you're in good shape.
[01:16:24.900 --> 01:16:29.780]  If you haven't done that, you cannot win.
[01:16:29.780 --> 01:16:32.860]  Okay.
[01:16:32.860 --> 01:16:35.260]  That's my story and I'm sticking to it.
[01:16:35.260 --> 01:16:36.260]  Okay.
[01:16:36.260 --> 01:16:37.260]  I'll call you next week.
[01:16:37.260 --> 01:16:38.260]  Thanks.
[01:16:38.260 --> 01:16:39.260]  I'm leaving.
[01:16:39.260 --> 01:16:40.260]  Okay.
[01:16:40.260 --> 01:16:41.260]  I'm leaving.
[01:16:41.260 --> 01:16:42.260]  Good luck.
[01:16:42.260 --> 01:16:44.780]  This is Randy Kelton, Deborah Stevens, Wheel of Law Radio.
[01:16:44.780 --> 01:16:48.860]  I'll call it number 512-646-1984.
[01:16:48.860 --> 01:17:00.380]  We'll be right back.
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[01:19:54.740 --> 01:20:24.700]  Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're going to Scott
[01:20:24.700 --> 01:20:25.700]  in Texas.
[01:20:25.700 --> 01:20:26.700]  Hello, Scott.
[01:20:26.700 --> 01:20:27.700]  Howdy, howdy.
[01:20:27.700 --> 01:20:37.660]  Well, I wanted just to follow up on a judicial conduct complaint because I've been filing
[01:20:37.660 --> 01:20:45.340]  a ton of those things and like last week, I got a letter back from Austin saying they
[01:20:45.340 --> 01:20:51.900]  wanted to release my anonymity so that they can go ahead and proceed on one of them.
[01:20:51.900 --> 01:20:58.580]  And then this morning when I was listening to WBAP here in Dallas, there was actually
[01:20:58.580 --> 01:21:06.980]  a judge and his name is David Lewis of the Fifth Court of Appeals that had just been
[01:21:06.980 --> 01:21:13.500]  scraped off the bench by the Judicial Conduct Review Board.
[01:21:13.500 --> 01:21:19.140]  And here's some of the little write-up that they had about him, which I thought was kind
[01:21:19.140 --> 01:21:23.820]  of interesting because I recognize this pattern so well.
[01:21:23.820 --> 01:21:30.860]  It said, Lewis's behavior at work was erratic, hostile, and threatening, according to the
[01:21:30.860 --> 01:21:33.340]  records filed by the commission.
[01:21:33.340 --> 01:21:40.540]  His mood would swing from laughter and flippant to hostile, arrogant, and seething.
[01:21:40.540 --> 01:21:46.340]  And that is one thing whenever I walk into any of these courts, like I had to go today
[01:21:46.340 --> 01:21:51.780]  over in Rockwall, you always see these guys just always just laughing and having such
[01:21:51.780 --> 01:21:53.340]  a good time.
[01:21:53.340 --> 01:22:00.100]  And that is just so annoying that these guys are just enjoying themselves at the benefit
[01:22:00.100 --> 01:22:05.740]  of everybody sitting in there just sweating bullets.
[01:22:05.740 --> 01:22:08.940]  And that just is so annoying to me.
[01:22:08.940 --> 01:22:12.060]  I just can't stand that.
[01:22:12.060 --> 01:22:19.460]  But anyhow, seems like the Judicial Conduct complaints are starting to take a little bit
[01:22:19.460 --> 01:22:21.900]  of grip around here.
[01:22:21.900 --> 01:22:25.420]  And I thought that was some pretty good news.
[01:22:25.420 --> 01:22:28.260]  That is good news.
[01:22:28.260 --> 01:22:38.540]  I read the Judicial Conduct Commission's page and they list the judges that they're acting
[01:22:38.540 --> 01:22:43.860]  against and I was surprised at what I found in there.
[01:22:43.860 --> 01:22:50.460]  I found a lot more actions against judges than I expected.
[01:22:50.460 --> 01:22:56.900]  I found actions against county judges and district judges and I hadn't expected that.
[01:22:56.900 --> 01:23:05.560]  It seems like maybe unduly disparaging the commission because they do seem to be going
[01:23:05.560 --> 01:23:08.700]  after some judges.
[01:23:08.700 --> 01:23:16.260]  So even if they don't go after as many as we want them to, when a judge sitting on the
[01:23:16.260 --> 01:23:23.820]  bench hears about the commission taking down an appeals court judge, that's a pretty big
[01:23:23.820 --> 01:23:26.040]  deal.
[01:23:26.040 --> 01:23:32.640]  So they tend to think if they can go after him, I'm dog meat.
[01:23:32.640 --> 01:23:41.760]  So this is, I was, I don't like to hear the judge of this caliber lost his position, but
[01:23:41.760 --> 01:23:49.020]  I am glad to see that there at least is some oversight.
[01:23:49.020 --> 01:23:53.820]  So we need to crank up the Judicial Conduct complaints.
[01:23:53.820 --> 01:24:03.980]  Oh yeah, I have several that I'm working on right now and I'm going to be submitting those
[01:24:03.980 --> 01:24:10.540]  and actually I'm a third party witness in my own case.
[01:24:10.540 --> 01:24:12.700]  So that's really the...
[01:24:12.700 --> 01:24:17.220]  Okay, that needs some explanation.
[01:24:17.220 --> 01:24:27.580]  I had a friend of mine that went with me to court and the DA accused him of filming in
[01:24:27.580 --> 01:24:28.580]  the court.
[01:24:28.580 --> 01:24:34.940]  Well, the judge called him up and told him he was going to be held in contempt of court
[01:24:34.940 --> 01:24:36.460]  for filming in the court.
[01:24:36.460 --> 01:24:42.220]  Now, nobody ever told them that you couldn't film, that there was no notification of any
[01:24:42.220 --> 01:24:47.140]  sort that had been made prior to us even going in there.
[01:24:47.140 --> 01:24:51.980]  In fact, the next time after I went in there, now they posted something on the door saying
[01:24:51.980 --> 01:24:56.460]  you can't film in court, but that wasn't posted at the time.
[01:24:56.460 --> 01:25:04.340]  So when he got called out of the gallery and claimed that he was filming in court, they
[01:25:04.340 --> 01:25:12.700]  seized his phone, took his phone and started scrolling through his personal information.
[01:25:12.700 --> 01:25:20.180]  So now he's going to get to file a criminal complaint against the judge for violating
[01:25:20.180 --> 01:25:24.020]  his rights, taking his phone, absent a fourth amendment warrant.
[01:25:24.020 --> 01:25:31.380]  And since I'm a witness to that, I'm going to file a criminal complaint and make a complaint
[01:25:31.380 --> 01:25:44.580]  against the judge for seizing his property, absent a warrant when he hasn't done anything.
[01:25:44.580 --> 01:25:49.460]  So in fact, he wasn't, or, wrong question.
[01:25:49.460 --> 01:25:54.100]  They didn't find any evidence that he was recording.
[01:25:54.100 --> 01:25:57.100]  That's correct.
[01:25:57.100 --> 01:26:01.500]  And they didn't find any evidence, did they release him?
[01:26:01.500 --> 01:26:04.820]  Oh, they had to.
[01:26:04.820 --> 01:26:13.140]  So that's pretty well establishes that they never had cause to begin with.
[01:26:13.140 --> 01:26:14.140]  Correct.
[01:26:14.140 --> 01:26:19.180]  Well, I had a judge put me in cuffs.
[01:26:19.180 --> 01:26:26.220]  The judge I pulled the hearing aid thing on, he asked me if I was recording the proceedings
[01:26:26.220 --> 01:26:30.340]  and I said, yes, I am.
[01:26:30.340 --> 01:26:38.380]  And they put me in cuffs for about 10 minutes, brought me back in the court and I asked him,
[01:26:38.380 --> 01:26:44.460]  well, where's the law, you know, I don't have any law tells me I can't record in the court
[01:26:44.460 --> 01:26:45.460]  room.
[01:26:45.460 --> 01:26:46.460]  He said, well, it's a rule.
[01:26:46.460 --> 01:26:52.860]  I said, well, I asked your clerks for the rule and I never got one and I don't see it
[01:26:52.860 --> 01:27:00.660]  posted anywhere and what the judge said was, is this is not a court of record, therefore
[01:27:00.660 --> 01:27:05.580]  it's illegal for us to record this court.
[01:27:05.580 --> 01:27:10.340]  I said, where'd you come up with that?
[01:27:10.340 --> 01:27:11.740]  So I couldn't find that anywhere.
[01:27:11.740 --> 01:27:21.860]  I could find the uniform where the federal second circuit said that it is axiomatic that
[01:27:21.860 --> 01:27:27.220]  a private citizen may record his public officials in the performance of their duties.
[01:27:27.220 --> 01:27:30.860]  So I rely on the federal law and the federal rulings.
[01:27:30.860 --> 01:27:35.820]  He said, well, this is Texas and they don't apply here.
[01:27:35.820 --> 01:27:37.260]  Oh, it doesn't.
[01:27:37.260 --> 01:27:43.260]  He told me this is my courtroom and you're right to stop at that door.
[01:27:43.260 --> 01:27:47.500]  Oh, well, that's interesting.
[01:27:47.500 --> 01:27:54.980]  So he decided to let me go and as soon as I got out of the courtroom, I tried to get
[01:27:54.980 --> 01:27:58.100]  the sheriff's department to come out and arrest him.
[01:27:58.100 --> 01:28:00.260]  Of course they wouldn't.
[01:28:00.260 --> 01:28:07.900]  So now I'll be filing against him and I'm getting my other business caught up so I can
[01:28:07.900 --> 01:28:13.540]  actually get back to that because I have a number of criminal charges that I want to
[01:28:13.540 --> 01:28:17.180]  strategically file.
[01:28:17.180 --> 01:28:22.860]  I want to file against, I will be going next week will probably be when our grand jury
[01:28:22.860 --> 01:28:27.820]  meets and I'll file against my district judge.
[01:28:27.820 --> 01:28:35.220]  And then the next time they meet, I'll file against the federal district judge with this
[01:28:35.220 --> 01:28:37.980]  grand jury.
[01:28:37.980 --> 01:28:42.660]  I want to do a test on grand jury venue.
[01:28:42.660 --> 01:28:49.140]  I'm accusing the judge of violating the state law in Tarrant County and they're going to
[01:28:49.140 --> 01:28:52.620]  say, well, we can't hear that because it's Tarrant County and I'm going to ask them to
[01:28:52.620 --> 01:28:55.220]  show me the code on that.
[01:28:55.220 --> 01:28:57.100]  So we get a test.
[01:28:57.100 --> 01:29:01.540]  I want to be able to, what I want is to be able to file a criminal complaint with any
[01:29:01.540 --> 01:29:05.500]  grand jury in the state of Texas.
[01:29:05.500 --> 01:29:17.660]  And I have precedent for that in that attorney general opinion H 500 addresses the venue
[01:29:17.660 --> 01:29:23.820]  of a justice of the peace when he's acting as a magistrate and it says that a justice
[01:29:23.820 --> 01:29:30.620]  of the peace can hear any complaint felony or misdemeanor state or federal from anywhere
[01:29:30.620 --> 01:29:31.620]  in the state.
[01:29:31.620 --> 01:29:36.300]  So there is no linear restriction that should apply to the grand jury and I'm going to try
[01:29:36.300 --> 01:29:39.780]  to get it to hang on back to go to break.
[01:29:39.780 --> 01:30:02.380]  Randy Kelton, Debra Stevens, and we'll be right back.
[01:30:02.380 --> 01:30:06.780]  To download music from the internet, you might be surprised at the way college students answer
[01:30:06.780 --> 01:30:07.780]  that question.
[01:30:07.780 --> 01:30:11.860]  I'm Dr. Catherine Olbrecht and I'll be back in a moment with results of a new study that
[01:30:11.860 --> 01:30:15.940]  explores current attitudes about digital piracy.
[01:30:15.940 --> 01:30:17.540]  Privacy is under attack.
[01:30:17.540 --> 01:30:21.140]  When you give up data about yourself, you'll never get it back again.
[01:30:21.140 --> 01:30:25.940]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.940 --> 01:30:31.020]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:31.020 --> 01:30:33.680]  Privacy, it's worth hanging on to.
[01:30:33.680 --> 01:30:37.980]  This public service announcement is brought to you by Startpage.com, the private search
[01:30:37.980 --> 01:30:41.500]  engine alternative to Google, Yahoo, and Bing.
[01:30:41.500 --> 01:30:44.620]  Start over with Startpage.
[01:30:44.620 --> 01:30:47.820]  You've probably seen public service messages about digital piracy.
[01:30:47.820 --> 01:30:53.380]  One of the most famous ads likens illegally downloading digital content to stealing a
[01:30:53.380 --> 01:30:54.380]  car.
[01:30:54.380 --> 01:30:56.660]  But apparently those education efforts aren't working.
[01:30:56.660 --> 01:31:00.460]  A new study by the University of Nebraska found that students believe shoplifting a
[01:31:00.460 --> 01:31:02.460]  CD from a music store is wrong.
[01:31:02.460 --> 01:31:07.900]  But those same students view illegal digital downloads as far less serious.
[01:31:07.900 --> 01:31:11.740]  Researchers believe digital piracy is more acceptable because there's no physical danger
[01:31:11.740 --> 01:31:13.100]  and no visible victim.
[01:31:13.100 --> 01:31:17.820]  And since the practice is widespread on college campuses, there's a lot of social support.
[01:31:17.820 --> 01:31:22.580]  But as an author who's had my own work pirated, I can say it's pretty unpleasant from this
[01:31:22.580 --> 01:31:23.580]  end.
[01:31:23.580 --> 01:31:25.180]  I'm Dr. Catherine Olbrecht.
[01:31:25.180 --> 01:31:30.540]  More news and information at CatherineOlbrecht.com.
[01:31:30.540 --> 01:31:31.540]  I lost my son.
[01:31:31.540 --> 01:31:32.540]  My nephew.
[01:31:32.540 --> 01:31:33.540]  My uncle.
[01:31:33.540 --> 01:31:34.540]  My son.
[01:31:34.540 --> 01:31:35.540]  On September 11th, 2001.
[01:31:35.540 --> 01:31:38.820]  Most people don't know that a third tower fell on September 11th.
[01:31:38.820 --> 01:31:42.900]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[01:31:42.900 --> 01:31:48.780]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[01:31:48.780 --> 01:31:52.500]  and engineers looked into the evidence and believe there is more to the story.
[01:31:52.500 --> 01:31:53.980]  Bring justice to my son.
[01:31:53.980 --> 01:31:54.980]  My uncle.
[01:31:54.980 --> 01:31:55.980]  My nephew.
[01:31:55.980 --> 01:31:56.980]  My son.
[01:31:56.980 --> 01:31:57.980]  Go to buildingwhat.org.
[01:31:57.980 --> 01:32:00.540]  Why it fell, why it matters, and what you can do.
[01:32:00.540 --> 01:32:02.780]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.780 --> 01:32:06.140]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.140 --> 01:32:09.780]  Come on, we all know the government caused it with their Kim Trails, but good luck getting
[01:32:09.780 --> 01:32:10.780]  them to pay for it.
[01:32:10.780 --> 01:32:14.420]  Okay, I might be kidding about the Kim Trails, but I'm serious about your roof.
[01:32:14.420 --> 01:32:18.220]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for
[01:32:18.220 --> 01:32:20.980]  you with little to no out-of-pocket expense.
[01:32:20.980 --> 01:32:25.340]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with
[01:32:25.340 --> 01:32:26.340]  zero complaints.
[01:32:26.340 --> 01:32:30.980]  You can trust Hill Country Home Improvements to handle your claim and your roof right the
[01:32:30.980 --> 01:32:31.980]  first time.
[01:32:31.980 --> 01:32:40.660]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com, mention the crypto show, and get $100 off.
[01:32:40.660 --> 01:32:45.260]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.260 --> 01:32:50.420]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.420 --> 01:32:56.820]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.820 --> 01:32:58.340]  Discounts are based on full roof replacement.
[01:32:58.340 --> 01:33:00.740]  I mean, I actually be kidding about Kim Trails.
[01:33:00.740 --> 01:33:05.740]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:05.740 --> 01:33:21.180]  Yeah, and who you want to chip, who you take me from, free to leave.
[01:33:21.180 --> 01:33:28.180]  Who you want to chip, me no free to leave, you can't chip me, all I'm saying, don't
[01:33:28.180 --> 01:33:29.180]  let them chip you in the morning, chip you in the evening, put a chip in your body.
[01:33:29.180 --> 01:33:30.180]  And then when you go computer reading, you can't hide me, say from nobody.
[01:33:30.180 --> 01:33:35.180]  What I'm saying, chip in your mom, chip in your daddy, chip in your grandpa and the
[01:33:35.180 --> 01:33:36.180]  grandma.
[01:33:36.180 --> 01:33:37.180]  Chip in on me, chip in on your BAB, chip in on your family, whole family.
[01:33:37.180 --> 01:33:38.180]  Chip in on your dad and the kids around me.
[01:33:38.180 --> 01:33:39.180]  Chip in on the beef when you still go eating.
[01:33:39.180 --> 01:33:40.180]  Chip in on the fish, them all in the sea.
[01:33:40.180 --> 01:33:41.180]  Chip in on the shark and the whale around me.
[01:33:41.180 --> 01:33:42.180]  You must be mankind, gone too crazy.
[01:33:42.180 --> 01:33:43.180]  Take the connecting, man, they want to read me.
[01:33:43.180 --> 01:33:44.180]  Social security, they go tell me.
[01:33:44.180 --> 01:33:45.180]  Number when they give me, they repeat up to see.
[01:33:45.180 --> 01:33:46.180]  I'm chip you in the morning, chip you in the evening.
[01:33:46.180 --> 01:33:47.180]  Chip you wanna do nothing.
[01:33:47.180 --> 01:33:48.180]  Okay, we are back.
[01:33:48.180 --> 01:34:09.940]  Brandon Kelton, Reel of La Radio, and we're talking to Scott in Texas.
[01:34:09.940 --> 01:34:13.380]  Scott, do you have anything else for us?
[01:34:13.380 --> 01:34:16.100]  Yeah, there was one other thing.
[01:34:16.100 --> 01:34:24.980]  I had that court case over in Mesquite and naturally the judge ruled against me.
[01:34:24.980 --> 01:34:31.660]  So I filed for an appeal and I filed within seven days.
[01:34:31.660 --> 01:34:33.380]  He said, you got 10 days to file.
[01:34:33.380 --> 01:34:36.060]  So I made sure I had it done in seven days.
[01:34:36.060 --> 01:34:41.020]  And now the city of Mesquite is, I haven't heard anything back on the appeal, but they
[01:34:41.020 --> 01:34:45.780]  said, if you don't pay the fine, I just got a letter today, if you don't pay the fine,
[01:34:45.780 --> 01:34:50.100]  we're going to have a warrant issued for your arrest in five days from the date of this
[01:34:50.100 --> 01:34:51.100]  letter.
[01:34:51.100 --> 01:34:57.300]  So I guess I got to call him in the morning and say, hey, I filed for an appeal.
[01:34:57.300 --> 01:35:03.980]  Y'all need to make a decision on the appeal because I had the right to appeal what's going
[01:35:03.980 --> 01:35:05.420]  on here.
[01:35:05.420 --> 01:35:09.060]  You should file an official oppression.
[01:35:09.060 --> 01:35:15.460]  Oh, I'm going to be filing a lot of things on that judge.
[01:35:15.460 --> 01:35:20.020]  But I need to get it squared away so that they don't need to do a warrant when they're
[01:35:20.020 --> 01:35:23.460]  supposed to, you know, do my appeal.
[01:35:23.460 --> 01:35:24.460]  Yeah.
[01:35:24.460 --> 01:35:25.460]  They will.
[01:35:25.460 --> 01:35:28.420]  They don't mind screwing it up and getting you thrown in jail and you have to put up
[01:35:28.420 --> 01:35:34.260]  bond and you go through all this and then nothing happens to them as a result.
[01:35:34.260 --> 01:35:35.260]  Right.
[01:35:35.260 --> 01:35:41.260]  So write a separate judicial conduct complaint against the judge.
[01:35:41.260 --> 01:35:48.940]  If you will look at the standards, the standards say that the judge is responsible for the
[01:35:48.940 --> 01:35:51.420]  clerk personnel.
[01:35:51.420 --> 01:35:54.680]  He is responsible for what they do.
[01:35:54.680 --> 01:35:58.900]  They are subject to the same standards he's subject to.
[01:35:58.900 --> 01:36:01.740]  It's right there in the standards.
[01:36:01.740 --> 01:36:10.540]  So if they send you this letter by mistake, it's the judge's mistake and he should get
[01:36:10.540 --> 01:36:12.820]  a complaint for it.
[01:36:12.820 --> 01:36:13.820]  Yeah.
[01:36:13.820 --> 01:36:19.420]  Well, yeah, I was really surprised because I thought when I saw the letter today is like,
[01:36:19.420 --> 01:36:24.540]  oh, I'm going to get the notice that I'm going to get the appeal and blah, blah, blah.
[01:36:24.540 --> 01:36:29.660]  I was like, no, they want their six hundred and eight hundred dollars or whatever it is
[01:36:29.660 --> 01:36:32.020]  or they're going to issue a warrant.
[01:36:32.020 --> 01:36:33.820]  I'm like, what happened to the appeal?
[01:36:33.820 --> 01:36:36.140]  I got it all put in and everything.
[01:36:36.140 --> 01:36:43.540]  And these guys around here just run rough shot over you every which way.
[01:36:43.540 --> 01:36:50.540]  So judicial conduct complainant, separate from all the others.
[01:36:50.540 --> 01:36:56.780]  The commission is going to get tired of getting these complaints on him.
[01:36:56.780 --> 01:37:00.380]  It's the squeaky wheel that gets the grease.
[01:37:00.380 --> 01:37:07.380]  Well, so anyhow, do you think if I call them up, they'll they'll do that or they're they're
[01:37:07.380 --> 01:37:13.180]  going to insist that I have to pay or I mean, well, they will probably say, oh, that was
[01:37:13.180 --> 01:37:14.180]  sent by mistake.
[01:37:14.180 --> 01:37:17.140]  It was just a computer just sends them out.
[01:37:17.140 --> 01:37:22.060]  But they always have, you know, I have this all the time that people file appeals and
[01:37:22.060 --> 01:37:27.700]  they go ahead and bill them, order them to pay and threaten to arrest them anyway.
[01:37:27.700 --> 01:37:31.740]  They don't, but they threaten to just try to get you to pay the money and then the appeal
[01:37:31.740 --> 01:37:36.700]  goes away and they're all happy.
[01:37:36.700 --> 01:37:41.900]  This is improper coercion and should sting the judge for it.
[01:37:41.900 --> 01:37:45.220]  Yeah, I agree.
[01:37:45.220 --> 01:37:46.700]  So anyhow, that was it.
[01:37:46.700 --> 01:37:52.140]  Oh, and if Olivier is still listening, he might want to look if he's having such a problem
[01:37:52.140 --> 01:37:53.140]  with that officer.
[01:37:53.140 --> 01:38:01.940]  He may want to look at having that officer decertified.
[01:38:01.940 --> 01:38:05.740]  That's a lot harder than you would think.
[01:38:05.740 --> 01:38:06.740]  Yeah.
[01:38:06.740 --> 01:38:09.900]  And it's something that would really take a lot of looking into.
[01:38:09.900 --> 01:38:18.100]  I have looked it up and in Texas it has been used quite a few times, but it's just something
[01:38:18.100 --> 01:38:19.100]  to think about.
[01:38:19.100 --> 01:38:20.100]  I mean, I'm not.
[01:38:20.100 --> 01:38:21.100]  That's something to look into.
[01:38:21.100 --> 01:38:25.540]  How do you get one decertified?
[01:38:25.540 --> 01:38:33.660]  I'm still kind of working on it right now, but you can start doing just Google and then
[01:38:33.660 --> 01:38:40.660]  you'll pop up the actual pages that talk about decertification because I've got them all
[01:38:40.660 --> 01:38:43.700]  copied and I'm saving them.
[01:38:43.700 --> 01:38:50.660]  And then you start to read on how to get them decertified because it's a purely administrative
[01:38:50.660 --> 01:38:52.500]  process.
[01:38:52.500 --> 01:38:58.140]  And with that process, they don't go before a jury.
[01:38:58.140 --> 01:39:01.660]  It just goes straight before an administrative hearing.
[01:39:01.660 --> 01:39:13.060]  And so if you can prove that they have violated their oath of office and then it proves that
[01:39:13.060 --> 01:39:18.180]  they're going against the administrative procedures, then it turns into a procedural
[01:39:18.180 --> 01:39:21.860]  conduct and that's how they get decertified.
[01:39:21.860 --> 01:39:27.100]  Once they get decertified, they can never be a cop again.
[01:39:27.100 --> 01:39:33.940]  That's something to look into because if we go for decertification, we're looking at ending
[01:39:33.940 --> 01:39:34.940]  their career.
[01:39:34.940 --> 01:39:35.940]  That's correct.
[01:39:35.940 --> 01:39:41.820]  That I don't have to look into.
[01:39:41.820 --> 01:39:42.820]  That could be interesting.
[01:39:42.820 --> 01:39:51.620]  And if Olivier is listening, if he's listening, he will certainly look into it in Tennessee.
[01:39:51.620 --> 01:39:55.420]  It's something though you have to be, from what I understand, you have to be kind of
[01:39:55.420 --> 01:39:59.860]  careful about because you don't want to be making bogus accusations because you could
[01:39:59.860 --> 01:40:03.900]  get your tail hung up.
[01:40:03.900 --> 01:40:09.100]  You never want to make false accusations, but generally you don't have to because their
[01:40:09.100 --> 01:40:18.180]  policy causes them to act in such a violation of law that you have plenty of things to raise
[01:40:18.180 --> 01:40:21.100]  your issues about.
[01:40:21.100 --> 01:40:22.100]  I agree.
[01:40:22.100 --> 01:40:30.060]  But that's why I'm saying it turns into a totally procedural act that they're violating
[01:40:30.060 --> 01:40:36.380]  their own procedure that they have sworn an oath to uphold.
[01:40:36.380 --> 01:40:42.180]  And once you can get it clearly stated that the procedures that they're violating, then
[01:40:42.180 --> 01:40:45.620]  it goes into a procedural process.
[01:40:45.620 --> 01:40:51.460]  Once you can get that into the correct place where it has to go, and I don't know it off
[01:40:51.460 --> 01:40:55.700]  the top of my head because I don't have that file opened up and I'm not reading it.
[01:40:55.700 --> 01:40:58.460]  But yeah, Texas has used it.
[01:40:58.460 --> 01:41:03.900]  It has been done quite a few times here and it's actually gaining some momentum.
[01:41:03.900 --> 01:41:09.940]  Good, they may be, you know, the police have been under fire so much lately, they may be
[01:41:09.940 --> 01:41:13.900]  using that to get rid of problematic officers.
[01:41:13.900 --> 01:41:17.740]  Well, that's what it's designed for.
[01:41:17.740 --> 01:41:18.740]  So good.
[01:41:18.740 --> 01:41:21.380]  Maybe we can help them with it.
[01:41:21.380 --> 01:41:22.380]  I plan on it.
[01:41:22.380 --> 01:41:23.380]  I know.
[01:41:23.380 --> 01:41:24.860]  Okay, hang on, hang on, hang on.
[01:41:24.860 --> 01:41:25.860]  Don't go anywhere.
[01:41:25.860 --> 01:41:26.860]  Hello, Olivier.
[01:41:26.860 --> 01:41:27.860]  Hold on, it didn't.
[01:41:27.860 --> 01:41:34.420]  I'm trying to unmute Olivier that it didn't take.
[01:41:34.420 --> 01:41:35.420]  There we go.
[01:41:35.420 --> 01:41:36.420]  Hello.
[01:41:36.420 --> 01:41:37.420]  Hello, Olivier.
[01:41:37.420 --> 01:41:38.420]  Yes, I hear you.
[01:41:38.420 --> 01:41:39.420]  Were you listening?
[01:41:39.420 --> 01:41:46.900]  I was listening, but I didn't hear the particulars about it, but I didn't hear him say that there's
[01:41:46.900 --> 01:41:53.220]  a process which that they have configured to take that cops out.
[01:41:53.220 --> 01:41:56.420]  Scott kind of addressed that again a little bit.
[01:41:56.420 --> 01:42:04.940]  Okay, there's a, you can have an officer decertified and what that means is you're doing a strictly
[01:42:04.940 --> 01:42:11.860]  procedural act on them for them violating their own procedures that they're sworn oath
[01:42:11.860 --> 01:42:12.860]  to uphold.
[01:42:12.860 --> 01:42:20.060]  This does not go before any jury trial, this goes straight into an administrative hearing.
[01:42:20.060 --> 01:42:25.940]  Once you can get into that administrative hearing and it is proven that they are violating
[01:42:25.940 --> 01:42:30.940]  procedure like absent the Fourth Amendment warrant when they pull you over and haul your
[01:42:30.940 --> 01:42:38.020]  butt to jail, it's an administrative process, once they can, once it is proven that they
[01:42:38.020 --> 01:42:44.380]  violated procedure, you get them decertified, they can never be a cop again, you end their
[01:42:44.380 --> 01:42:45.380]  career.
[01:42:45.380 --> 01:42:51.100]  Okay, so through what process?
[01:42:51.100 --> 01:42:57.420]  You'll have to look in your particular state, each state is going to be a different, it's
[01:42:57.420 --> 01:43:05.340]  an administrative thing, so you're going to, Texas has it and they've been using it and
[01:43:05.340 --> 01:43:10.660]  a lot of states do have it, certain states may not have it, so you'll have to do a little
[01:43:10.660 --> 01:43:17.580]  homework in your particular state, but Texas has been using it and it's actually over the
[01:43:17.580 --> 01:43:24.420]  past five or six years or so, it's been gaining a lot of ground and a lot more cops have been
[01:43:24.420 --> 01:43:28.500]  getting decertified in Texas.
[01:43:28.500 --> 01:43:35.340]  So in your state, I don't know about Tennessee, but it's something you certainly want to look
[01:43:35.340 --> 01:43:36.340]  into.
[01:43:36.340 --> 01:43:41.820]  Okay, hang on guys, we're about to go to break, we'll pick this up on the other side,
[01:43:41.820 --> 01:44:00.220]  DeKelton, Debra Stevens, Wheel of Fire Radio, hang on, we'll be right back.
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[01:46:05.660 --> 01:46:25.360]  Thank you very much.
[01:46:25.360 --> 01:46:30.360]  But I'll never understand something I realize fully
[01:46:31.360 --> 01:46:35.360]  Somebody's gonna police that policeman
[01:46:36.360 --> 01:46:39.360]  Somebody's gonna police the police
[01:46:40.360 --> 01:46:44.360]  There's always a room at the top of the hill
[01:46:45.360 --> 01:46:48.360]  I hear through the grapevine and it's lonely left you
[01:46:49.360 --> 01:46:52.360]  They're wishing it was more than opposition to bill
[01:46:52.360 --> 01:46:57.360]  They know that if they don't do it, somebody will
[01:46:57.360 --> 01:47:26.360]  But I'll never understand something I realize fully
[01:47:27.360 --> 01:47:29.360]  I found it in Tennessee
[01:47:30.360 --> 01:47:32.360]  I found it in Tennessee
[01:47:33.360 --> 01:47:37.360]  It says revocation of police officer certification
[01:47:43.360 --> 01:47:46.360]  We don't have to get them decertified
[01:47:47.360 --> 01:47:51.360]  Just that we're going after it's going to scare the poop out of them
[01:47:53.360 --> 01:47:55.360]  Is it okay to say poop on the air?
[01:47:55.360 --> 01:47:57.360]  I think so
[01:47:58.360 --> 01:48:06.360]  Well for the ones that are totally aberrant and knowingly like violating
[01:48:07.360 --> 01:48:16.360]  Like when the judge ordered me to be arrested by the cops when I left the courthouse after a trial
[01:48:17.360 --> 01:48:21.360]  And had me arrested just out of sheer spite
[01:48:21.360 --> 01:48:24.360]  The cops should have known that was illegal
[01:48:25.360 --> 01:48:27.360]  It was absent of the Fourth Amendment Warrant Act
[01:48:28.360 --> 01:48:30.360]  A non-compliant with set policy rules and procedures
[01:48:31.360 --> 01:48:34.360]  And they proceeded to arrest me bar none
[01:48:35.360 --> 01:48:41.360]  Now he should have known not to follow a judge's bogus order
[01:48:42.360 --> 01:48:45.360]  Just because she was mad and wanted to throw her weight around
[01:48:45.360 --> 01:48:57.360]  They are supposed to stand up and to be the bigger person and say no I cannot go out there and violate this man's rights just because you're mad
[01:48:58.360 --> 01:49:02.360]  But when they do that and they're throwing their weight around
[01:49:03.360 --> 01:49:08.360]  They need to be put on notice that they can lose their job and they will lose their job
[01:49:09.360 --> 01:49:12.360]  Because it's the good cops that are protecting the bad cops
[01:49:12.360 --> 01:49:18.360]  And it's high time that these bad cops get thrown out of the force
[01:49:19.360 --> 01:49:23.360]  And these good cops either stand up and make it happen or they're complicit
[01:49:24.360 --> 01:49:27.360]  I agree 100%
[01:49:28.360 --> 01:49:31.360]  You're not a good cop if you're supporting bad cops
[01:49:32.360 --> 01:49:35.360]  Okay Olivier what does it tell you?
[01:49:36.360 --> 01:49:38.360]  Have you had time to look at it to see what it...
[01:49:38.360 --> 01:49:43.360]  No I was just listening to make sure I get all the hints
[01:49:44.360 --> 01:49:47.360]  But it does lead you to the certification of police officers
[01:49:48.360 --> 01:49:51.360]  Avaluable remedy for police misconduct
[01:49:52.360 --> 01:49:54.360]  Oh yes
[01:49:55.360 --> 01:50:00.360]  St. Louis introduction it gives you a whole outline of it
[01:50:01.360 --> 01:50:05.360]  I hear this and I hear politics all over the place
[01:50:05.360 --> 01:50:07.360]  Okay
[01:50:08.360 --> 01:50:16.360]  So this may be your way to get this cop to want to leave you alone
[01:50:17.360 --> 01:50:20.360]  Okay or to get rid of him
[01:50:21.360 --> 01:50:29.360]  Well they figure that criminally everybody's going to squeeze up behind that thin blue line and try to protect them
[01:50:29.360 --> 01:50:34.360]  But when you go after their certification that's a whole separate issue
[01:50:35.360 --> 01:50:42.360]  That goes after their qualifications to be behind that thin blue line
[01:50:43.360 --> 01:50:46.360]  That's likely to scare them more than anything
[01:50:47.360 --> 01:50:53.360]  Once you do it to one then the other ones are going to pay attention
[01:50:53.360 --> 01:50:58.360]  And all you have to do is go after one's certification
[01:50:59.360 --> 01:51:02.360]  Even if you don't get it
[01:51:03.360 --> 01:51:06.360]  I mean who wants to play Russian roulette?
[01:51:07.360 --> 01:51:12.360]  You know that's my position about trying to get to the grand jury
[01:51:13.360 --> 01:51:16.360]  Just trying to get to the grand jury is enough
[01:51:17.360 --> 01:51:20.360]  You know I mentioned earlier I got all the highest judges in Texas put in front of a grand jury
[01:51:20.360 --> 01:51:23.360]  Well I didn't get them indicted
[01:51:24.360 --> 01:51:26.360]  But the thing I complained about
[01:51:27.360 --> 01:51:29.360]  That policy changed in a hurry
[01:51:30.360 --> 01:51:31.360]  They don't do that anymore
[01:51:32.360 --> 01:51:35.360]  They asked for a motion for leave to file a habeas corpus
[01:51:36.360 --> 01:51:38.360]  You don't get that garbage in Texas anymore
[01:51:39.360 --> 01:51:41.360]  So it has its effect
[01:51:42.360 --> 01:51:43.360]  Okay
[01:51:44.360 --> 01:51:45.360]  I had a question
[01:51:45.360 --> 01:51:50.360]  I was looking into the laws and how they authorize their powers
[01:51:51.360 --> 01:51:57.360]  And I might be wrong but in Tennessee it looked like they authorized the highway state patrol
[01:51:58.360 --> 01:52:03.360]  The state laws are for highway state patrols to enforce
[01:52:04.360 --> 01:52:10.360]  And they regulate laws for the municipalities and all authorities that municipalities have
[01:52:10.360 --> 01:52:14.360]  So in fact that would make a city officer
[01:52:15.360 --> 01:52:18.360]  That means they work for the municipality right?
[01:52:19.360 --> 01:52:32.360]  And that means from what I'm seeing is that their authority comes from authority that the municipality is allowed to have them to regulate
[01:52:32.360 --> 01:52:43.360]  Or what it would be saying is that you're going to have to use the highway patrol administrative hearing board
[01:52:44.360 --> 01:52:52.360]  To be able to drag that officer in front of because they're going to have an administrative hearing somewhere in there
[01:52:53.360 --> 01:52:56.360]  Or some people that are able to hold an administrative hearing
[01:52:56.360 --> 01:53:04.360]  Because that's going to be the proper office that you have to bring that cop into or in front of to be able to have
[01:53:05.360 --> 01:53:08.360]  Wait a minute Scott I think he was talking about something else
[01:53:09.360 --> 01:53:14.360]  Yeah I understand his part but I'm about to bring another issue up
[01:53:15.360 --> 01:53:23.360]  I'm trying to see can I complain that the officer is a city where he's employed by the city
[01:53:23.360 --> 01:53:28.360]  Which the city has certain authority to do certain things for the officer
[01:53:29.360 --> 01:53:34.360]  But can I get him for citing me state citations which he does not have authority to do
[01:53:35.360 --> 01:53:37.360]  Is there a
[01:53:38.360 --> 01:53:50.360]  Under our city code there's a chapter 9 title 9 which gives all the authority of municipality employees or officers
[01:53:50.360 --> 01:54:02.360]  Okay is the municipality given authority to hire officers to enforce state law
[01:54:03.360 --> 01:54:04.360]  No
[01:54:05.360 --> 01:54:14.360]  There's got to be somewhere that would it would be inconceivable that a city policeman couldn't enforce a state law
[01:54:15.360 --> 01:54:17.360]  Otherwise it'd be no real reason to have them
[01:54:17.360 --> 01:54:28.360]  No it says that but it has a preclusion that an accident has to be involved in order for them to charge state law
[01:54:29.360 --> 01:54:31.360]  To have authority to charge state law
[01:54:32.360 --> 01:54:40.360]  If an accident didn't occur they cannot regulate transportation in that form
[01:54:40.360 --> 01:54:47.360]  Okay so is what you're addressing limited to transportation code
[01:54:48.360 --> 01:54:50.360]  Yes
[01:54:51.360 --> 01:54:53.360]  And anything that's not a felony
[01:54:54.360 --> 01:54:57.360]  Okay so let me make sure I got this right
[01:54:58.360 --> 01:55:04.360]  The state police are authorized to enforce the traffic code
[01:55:04.360 --> 01:55:11.360]  But the municipality is not necessarily authorized to enforce the traffic code
[01:55:12.360 --> 01:55:20.360]  Not automatically no there are certain standards before they are allowed to charge someone with a state crime
[01:55:21.360 --> 01:55:26.360]  So and that one of those standards is an accident has to be involved
[01:55:26.360 --> 01:55:34.360]  That is the beginning of their authority to get into state into citing you for state crimes
[01:55:35.360 --> 01:55:39.360]  Now that is interesting because that's similar to Texas
[01:55:40.360 --> 01:55:44.360]  I couldn't even put it together because I'm like you know I'm just getting into all this
[01:55:45.360 --> 01:55:49.360]  There's more information just keep on the more you dig the clearer it gets
[01:55:49.360 --> 01:55:56.360]  And I don't know how to I don't have nobody to argue with so I don't know if I'm right or I'm wrong
[01:55:57.360 --> 01:56:00.360]  Well you've been arguing with me pretty good here
[01:56:02.360 --> 01:56:08.360]  And then now as far as what he's saying if that if I'm right I think I can get them on a lot of things
[01:56:09.360 --> 01:56:13.360]  Because they've been citing state codes everywhere and they don't have no authority to do that
[01:56:14.360 --> 01:56:17.360]  There's no accident and they are peace officers it says it in there
[01:56:17.360 --> 01:56:22.360]  It says it in there all their authority comes from Title IX in the city code
[01:56:23.360 --> 01:56:30.360]  So if they do anything outside of that authority which is citing you for transportation that's outside their authority
[01:56:31.360 --> 01:56:39.360]  Oh that's perfect I haven't seen that in Tennessee law you know we have it in Texas law
[01:56:39.360 --> 01:56:46.360]  And it'll make the police crazy because they think they have absolute authority to enforce
[01:56:47.360 --> 01:56:54.360]  Well they separated that's why it took me so long to look at it because I like I was I've got the state broke down the state law
[01:56:55.360 --> 01:56:58.360]  And I'm like well what is this city stuff about you know when I went and look at it
[01:56:59.360 --> 01:57:05.360]  Wait a minute the city is set up the same way and I connect the two together I'm like wait they're missing a gap there
[01:57:05.360 --> 01:57:12.360]  There's a missing link they can't they can't go to state unless there's an accident and there's harm
[01:57:13.360 --> 01:57:22.360]  We have something similar in Texas the administrative code that creates the Department of Public Safety
[01:57:22.360 --> 01:57:39.360]  Specifically says that the Department of Public Safety may not enforce the criminal laws except at the request of and under the direction of local law enforcement
[01:57:40.360 --> 01:57:48.360]  So it's kind of the opposite in Tennessee because here the DPS are traffic cops
[01:57:48.360 --> 01:57:54.360]  They're police officers as opposed to peace officers
[01:57:55.360 --> 01:58:01.360]  Peace officers can enforce the criminal code police officers are traffic cops
[01:58:02.360 --> 01:58:03.360]  Okay
[01:58:04.360 --> 01:58:14.360]  And so yours is kind of the opposite but it still puts the municipal police outside the authority to enforce the commercial traffic laws
[01:58:14.360 --> 01:58:17.360]  Okay I am sorry we are out of time
[01:58:18.360 --> 01:58:22.360]  This is Randy Kelvin, Debra Stevens, Brutal Law Radio
[01:58:23.360 --> 01:58:33.360]  We'll be back tomorrow night for our four hour info marathon so make sure you tune in and go check out our sponsors and help us support this network
[01:58:34.360 --> 01:58:39.360]  I only made 126 bucks in my beer fund last month last year what is the deal?
[01:58:39.360 --> 01:58:44.360]  Okay thank you all for listening good night
[01:59:09.360 --> 01:59:29.360]  This translation is highly accurate and it comes with over 13,000 cross references plus charts and maps and an outline for every book of the Bible
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