[00:00.000 --> 00:05.880]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.880 --> 00:09.560]  They guarantee the specific freedoms Americans should know and protect.
[00:09.560 --> 00:11.040]  Our liberty depends on it.
[00:11.040 --> 00:14.960]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.960 --> 00:17.080]  your First Amendment rights.
[00:17.080 --> 00:18.660]  Privacy is under attack.
[00:18.660 --> 00:22.280]  When you give up data about yourself, you'll never get it back again.
[00:22.280 --> 00:27.040]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.040 --> 00:28.480]  So protect your rights.
[00:28.480 --> 00:32.240]  Say no to surveillance and keep your information to yourself.
[00:32.240 --> 00:33.240]  Privacy.
[00:33.240 --> 00:34.800]  It's worth hanging on to.
[00:34.800 --> 00:39.080]  This public service announcement is brought to you by Startpage.com, the private search
[00:39.080 --> 00:42.640]  engine alternative to Google, Yahoo, and Bing.
[00:42.640 --> 00:44.760]  Start over with Startpage.
[00:44.760 --> 00:45.760]  Spar.
[00:45.760 --> 00:47.920]  It's what fighters do.
[00:47.920 --> 00:51.360]  It's also how I remember the five guarantees of the First Amendment.
[00:51.360 --> 00:54.600]  If you plan to take away my rights, I'm going to spar with you.
[00:54.600 --> 01:01.680]  Spar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.680 --> 01:02.680]  and R for religion.
[01:02.680 --> 01:07.120]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.120 --> 01:11.000]  assembly, and religion, but petition for redress is another matter.
[01:11.000 --> 01:14.720]  We have the right to petition the government for a redress of grievances.
[01:14.720 --> 01:18.240]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.240 --> 01:20.920]  the reasons without fear of being thrown into jail.
[01:20.920 --> 01:31.160]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31.160 --> 01:34.840]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.840 --> 01:38.280]  They guarantee the specific freedoms Americans should know and protect.
[01:38.280 --> 01:39.760]  Our liberty depends on it.
[01:39.760 --> 01:43.640]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.640 --> 01:46.800]  one of your constitutional rights.
[01:46.800 --> 01:48.360]  Privacy is under attack.
[01:48.360 --> 01:52.000]  When you give up data about yourself, you'll never get it back again.
[01:52.000 --> 01:56.760]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.760 --> 02:01.880]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.880 --> 02:04.520]  Privacy, it's worth hanging on to.
[02:04.520 --> 02:08.800]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.800 --> 02:12.360]  engine alternative to Google, Yahoo, and Bing.
[02:12.360 --> 02:15.920]  Start over with StartPage.
[02:15.920 --> 02:20.280]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.280 --> 02:22.360]  of Rights in a big old bear hug.
[02:22.360 --> 02:26.840]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.840 --> 02:30.680]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.680 --> 02:31.680]  Get it?
[02:31.680 --> 02:34.000]  Two arms, bear hug, bear arms?
[02:34.000 --> 02:37.600]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.600 --> 02:43.360]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.360 --> 02:47.680]  government, one more safeguard against the tyranny which now appears remote in America
[02:47.680 --> 02:50.560]  but which historically has proved to always be possible.
[02:50.560 --> 02:52.520]  I'm Dr. Catherine Albrecht.
[02:52.520 --> 03:14.040]  More news and information at CatherineAlbrecht.com.
[03:14.040 --> 03:39.080]  We are originators and the pathway seems to get straighter every day.
[03:39.080 --> 03:43.080]  And I can take anything that belongs to me
[03:43.080 --> 03:45.080]  And put it to good use
[03:45.080 --> 03:47.080]  Okay, we are back.
[03:47.080 --> 03:50.080]  Randy Kelton, Brett Fountain, Root of Law Radio
[03:50.080 --> 03:56.080]  on this Friday, the fourth day of February 2022.
[03:56.080 --> 03:58.080]  Did I get that right, Brett?
[03:58.080 --> 03:59.080]  Nailed it.
[03:59.080 --> 04:03.080]  Okay, we are talking to Ted in California.
[04:03.080 --> 04:05.080]  And we got someone else on the board.
[04:05.080 --> 04:10.080]  Ted, you wanted an introduction to Olivier.
[04:10.080 --> 04:15.080]  Olivier, say hi.
[04:15.080 --> 04:17.080]  How you doing, Ted?
[04:17.080 --> 04:18.080]  Hello.
[04:18.080 --> 04:20.080]  Hello.
[04:20.080 --> 04:24.080]  Yeah, how you doing?
[04:24.080 --> 04:25.080]  Say hello, Ted.
[04:25.080 --> 04:28.080]  How you doing, Randy?
[04:28.080 --> 04:30.080]  Olivier, hello.
[04:30.080 --> 04:32.080]  It's been a long time.
[04:32.080 --> 04:33.080]  How you doing, Russ?
[04:33.080 --> 04:37.080]  We last connected this way several years ago.
[04:37.080 --> 04:43.080]  But I'd like to be able to get your contact information.
[04:43.080 --> 04:46.080]  Okay.
[04:46.080 --> 04:47.080]  Can the email...
[04:47.080 --> 04:54.080]  Email it to me and I will forward it to Ted.
[04:54.080 --> 04:56.080]  Okay.
[04:56.080 --> 05:02.080]  And I've got another one we had a caller on earlier who is in Florida.
[05:02.080 --> 05:05.080]  Were you listening, Olivier?
[05:05.080 --> 05:08.080]  Yes, earlier.
[05:08.080 --> 05:15.080]  Yeah, the guy that was going around talking about the mask issues.
[05:15.080 --> 05:28.080]  And he was charged under a code of federal regulations that were absolutely ambiguous.
[05:28.080 --> 05:33.080]  And I wanted to get him in contact with you as well.
[05:33.080 --> 05:35.080]  In Florida?
[05:35.080 --> 05:37.080]  Yes, he's in Florida.
[05:37.080 --> 05:44.080]  But he was going around the country and they charged him federally,
[05:44.080 --> 05:52.080]  under a federal regulation for exercising his constitutional right without a license,
[05:52.080 --> 05:57.080]  his First Amendment right without a license.
[05:57.080 --> 06:04.080]  So it said that you couldn't do a demonstration on federal property without a license or do a...
[06:04.080 --> 06:06.080]  What did he say, Fred?
[06:06.080 --> 06:09.080]  Not a demonstration?
[06:09.080 --> 06:11.080]  Permit.
[06:11.080 --> 06:13.080]  Yeah, I think he said demonstration.
[06:13.080 --> 06:14.080]  Okay.
[06:14.080 --> 06:17.080]  And so my question was, what is a demonstration?
[06:17.080 --> 06:19.080]  What amounts to a demonstration?
[06:19.080 --> 06:31.080]  Two guys going around in a camper and they stop at a federal park and they talk to people.
[06:31.080 --> 06:35.080]  That constitutes a demonstration?
[06:35.080 --> 06:37.080]  I don't think so.
[06:37.080 --> 06:43.080]  So what we wanted to do, I wanted to talk to you because the issue here should be that
[06:43.080 --> 06:49.080]  federal regulation is void for vagueness.
[06:49.080 --> 06:54.080]  Yeah, because the officer told him, he said, well, what do you consider a demonstration?
[06:54.080 --> 07:01.080]  He said, when you get somebody's attention.
[07:01.080 --> 07:06.080]  So what do you think, Olivier, does that sound vague enough?
[07:06.080 --> 07:13.080]  That sounds real vague and I don't believe they did that.
[07:13.080 --> 07:16.080]  I can't believe...
[07:16.080 --> 07:26.080]  To charge him with exercising his constitutional rights without a license.
[07:26.080 --> 07:33.080]  Right on its face, it sounds like they're asking for a constitutional challenge.
[07:33.080 --> 07:34.080]  Exactly.
[07:34.080 --> 07:39.080]  Like not even taking a look at what does demonstration mean, but the very fact that
[07:39.080 --> 07:42.080]  they're trying to attach a permit to it.
[07:42.080 --> 07:52.080]  Yeah, it sounds like somebody's waving a red flag or someone is not the sharpest knife in the drawer.
[07:52.080 --> 07:57.080]  And a federal officer arrested him for this or a local officer?
[07:57.080 --> 08:05.080]  Yes, a federal officer twice in two different national parks.
[08:05.080 --> 08:08.080]  Well, yeah, you're right.
[08:08.080 --> 08:14.080]  And the federal court should not, from my experience, they're not going to play with it.
[08:14.080 --> 08:19.080]  They'll address that issue real quick.
[08:19.080 --> 08:26.080]  And that's what we were saying to him, this needed a declaratory judgment suit.
[08:26.080 --> 08:27.080]  Okay.
[08:27.080 --> 08:38.080]  And they'll probably make his case go away to avoid the ruling on the declaratory judgment.
[08:38.080 --> 08:42.080]  But heck, they may not be able to.
[08:42.080 --> 08:46.080]  I mean, they may not be able to stop the declaratory judgment.
[08:46.080 --> 08:47.080]  Right.
[08:47.080 --> 08:51.080]  Even if they dismiss his case, that won't help them.
[08:51.080 --> 08:56.080]  They're going to dismiss his case anyway because once they really look at what's going on in the situation,
[08:56.080 --> 09:00.080]  they're going to be like, we can't prove this.
[09:00.080 --> 09:08.080]  Yeah, and if he gets to court, then it would need a subject matter jurisdiction challenge
[09:08.080 --> 09:17.080]  for a motion to dismiss for failure to state a claim.
[09:17.080 --> 09:19.080]  Failure to have a brain.
[09:19.080 --> 09:23.080]  That one.
[09:23.080 --> 09:26.080]  Wouldn't that be false imprisonment?
[09:26.080 --> 09:28.080]  Absolutely.
[09:28.080 --> 09:35.080]  And that's one thing for which they waived their sovereign immunity.
[09:35.080 --> 09:36.080]  Right.
[09:36.080 --> 09:44.080]  Okay, so he can't get it dismissed for false imprisonment, but he can get it dismissed for...
[09:44.080 --> 09:51.080]  One thing, void for vagueness, that the statute is too vague.
[09:51.080 --> 09:55.080]  It's not clear that if you go to a national park and talk to people,
[09:55.080 --> 10:02.080]  that that can be construed as a demonstration.
[10:02.080 --> 10:09.080]  So anyone who goes to a national park and talks to people are subject to be arrested.
[10:09.080 --> 10:17.080]  Well, actually, and then if the demonstration is not defined in that sub-chapter,
[10:17.080 --> 10:25.080]  then it's automatically vague because you're using it as a criminal offense.
[10:25.080 --> 10:35.080]  The person that has to deal with that, who has to deal with violating that criminal offense,
[10:35.080 --> 10:40.080]  that has the right to know what it entails.
[10:40.080 --> 10:43.080]  What constitutes a violation.
[10:43.080 --> 10:44.080]  Right.
[10:44.080 --> 10:51.080]  So without having a proper definition, you allow the police to arbitrage,
[10:51.080 --> 10:54.080]  say whatever they, and do whatever they want.
[10:54.080 --> 10:57.080]  So yeah, that's a good thing.
[10:57.080 --> 11:00.080]  You can't get any better than that one.
[11:00.080 --> 11:05.080]  Yeah, so that's what I thought. I think you'll be a real good resource for it.
[11:05.080 --> 11:07.080]  Okay.
[11:07.080 --> 11:12.080]  Okay, Ted, did you have something else you wanted to talk about?
[11:12.080 --> 11:14.080]  Nope, that's it.
[11:14.080 --> 11:16.080]  That's it. Okay.
[11:16.080 --> 11:23.080]  So okay, now, Olivier, what have you been up to?
[11:23.080 --> 11:36.080]  I've been going to court and finding out some new research, and I wanted to go over a topic that my attorney,
[11:36.080 --> 11:43.080]  I had the case, I had the trial, and during the trial, several things came up.
[11:43.080 --> 11:49.080]  This was a trial where I got in a car accident, and the police officer arrested me,
[11:49.080 --> 11:57.080]  suspended license, felony charge, and he said that there was a felony offense.
[11:57.080 --> 12:01.080]  I told him it's not because I'd never been adjudicated,
[12:01.080 --> 12:09.080]  so basically that means that there was no offense, but he doesn't understand that.
[12:09.080 --> 12:15.080]  And through the trial, I had the judge explain that to him while he was sitting on the bench.
[12:15.080 --> 12:18.080]  So that was kind of amazing.
[12:18.080 --> 12:24.080]  And then once the judge clarified, he knows that adjudication withheld is not an offense,
[12:24.080 --> 12:32.080]  so it can't be used to enhance for a criminal matter.
[12:32.080 --> 12:40.080]  So he was trying to enhance based on a charge rather than based on an adjudication of the charge.
[12:40.080 --> 12:43.080]  Is that correct?
[12:43.080 --> 12:45.080]  Right.
[12:45.080 --> 12:50.080]  But they don't know that. They don't understand that if adjudication is withheld,
[12:50.080 --> 12:55.080]  that that charge is not a charge. It's not a crime.
[12:55.080 --> 12:59.080]  It's not your first offense. It's not no offense.
[12:59.080 --> 13:07.080]  Yeah. A crime is not a crime until a guilty verdict is found.
[13:07.080 --> 13:08.080]  Right.
[13:08.080 --> 13:12.080]  So they charged you with this, and you didn't get a guilty verdict,
[13:12.080 --> 13:15.080]  so they're saying that one don't count.
[13:15.080 --> 13:22.080]  And he's saying that you were charged with it previously, therefore it's automatically enhanced.
[13:22.080 --> 13:25.080]  The officer didn't get that for it.
[13:25.080 --> 13:29.080]  Right. And there were two things that were bad for him.
[13:29.080 --> 13:35.080]  Those two other prior cases, the two prior cases, prior offenses, were still ongoing in court.
[13:35.080 --> 13:39.080]  So they can't be offenses because they haven't been ruled on yet.
[13:39.080 --> 13:46.080]  And even if they were, I have no adjudicators. Nothing has been adjudicated.
[13:46.080 --> 13:54.080]  So you can't use that to enhance. So he clearly falsely imprisoned me.
[13:54.080 --> 14:00.080]  But we still had to stand trial for the misdemeanor driving suspended license.
[14:00.080 --> 14:05.080]  So during the case, I mean, my attorney called me on appeal
[14:05.080 --> 14:12.080]  because I called him and talked to the office and said, hey, the judge gave me appeal for attorney
[14:12.080 --> 14:15.080]  and said that there were several things that were wrong with the case,
[14:15.080 --> 14:18.080]  and the office should deal with it.
[14:18.080 --> 14:22.080]  So five to 15 minutes later, another attorney called me back.
[14:22.080 --> 14:27.080]  He said, hey, Ms. Olivier, you know, this is interesting.
[14:27.080 --> 14:32.080]  This never happened before, but I'm still waiting on your file and everything.
[14:32.080 --> 14:40.080]  And he said, I see something so far, and I don't know if you've heard about this, but Corpus...
[14:40.080 --> 14:42.080]  Corpus Delecti.
[14:42.080 --> 14:47.080]  Delecti? And then I'm like, no, I'm not familiar with it.
[14:47.080 --> 14:50.080]  I've probably heard it before, but I'm not familiar.
[14:50.080 --> 14:59.080]  He said, well, something about where they cannot convict you on your testimony alone.
[14:59.080 --> 15:04.080]  And I'm like, huh? So I'm like, well, I'm like...
[15:04.080 --> 15:08.080]  So if you came in there and admitted to everything
[15:08.080 --> 15:14.080]  and there's no other evidence from any other source, they still can't convict you?
[15:14.080 --> 15:17.080]  Is that what he's saying?
[15:17.080 --> 15:21.080]  That's what it seems like he's saying.
[15:21.080 --> 15:28.080]  So they have to get some other evidence.
[15:28.080 --> 15:32.080]  That's interesting.
[15:32.080 --> 15:34.080]  Right.
[15:34.080 --> 15:41.080]  Did you research out the Corpus Delecti issue?
[15:41.080 --> 15:49.080]  I did. I had a case law pulled up, but I don't know what happened to it.
[15:49.080 --> 15:56.080]  What's that information again?
[15:56.080 --> 15:58.080]  Wait, you broke up there.
[15:58.080 --> 16:00.080]  It says...
[16:00.080 --> 16:04.080]  I read a court case, the seven rules.
[16:04.080 --> 16:12.080]  It was saying that you cannot be convicted on circumstantial evidence.
[16:12.080 --> 16:19.080]  I had it, but the page 5 on it, I guess, was when my phone hit my cheek.
[16:19.080 --> 16:28.080]  Basically saying that circumstantial evidence cannot be used to convict you.
[16:28.080 --> 16:34.080]  And I guess basically since the officer did not see the car accident,
[16:34.080 --> 16:37.080]  everything that he's going off of is hearsay.
[16:37.080 --> 16:42.080]  And I did not testify at the trial,
[16:42.080 --> 16:48.080]  so there is no other evidence corroborating the story.
[16:48.080 --> 16:50.080]  That's great.
[16:50.080 --> 16:51.080]  Hang on.
[16:51.080 --> 16:55.080]  About to go to our sponsors, Randy Kelton, Brett Fountain, and Rue La Radio.
[16:55.080 --> 17:24.080]  We've got one slot open, so we'll be right back.
[17:25.080 --> 17:28.080]  How to get debt collectors out of your credit report.
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[17:49.080 --> 17:57.080]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
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[18:01.080 --> 18:04.080]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[18:04.080 --> 18:07.080]  In today's America, we live in an us-against-them society,
[18:07.080 --> 18:09.080]  and if we the people are ever going to have a free society,
[18:09.080 --> 18:12.080]  then we're going to have to stand and defend our own rights.
[18:12.080 --> 18:15.080]  Among those rights are the right to travel freely from place to place,
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[19:15.080 --> 19:44.080]  Okay.
[19:44.080 --> 19:45.080]  We are back.
[19:45.080 --> 19:47.080]  Randy Kelton, Brett Fountain, Rule of Law Radio,
[19:47.080 --> 19:51.080]  and we're talking to Olivier in Tennessee.
[19:51.080 --> 19:56.080]  And, okay, go ahead, Olivier.
[19:56.080 --> 20:06.080]  Yeah, so that was the argument that he was very, he was interested about.
[20:06.080 --> 20:09.080]  And he said that he didn't have my case file in front of me.
[20:09.080 --> 20:16.080]  But so far, that's what he's seen as an issue, that, you know,
[20:16.080 --> 20:24.080]  the officer did not see the car accident, and I did not testify on fan that.
[20:24.080 --> 20:30.080]  The motion to dismiss for lack of evidence.
[20:30.080 --> 20:31.080]  Right.
[20:31.080 --> 20:37.080]  From what he's saying, they did not prove corpus electi.
[20:37.080 --> 20:41.080]  I guess corpus electi is some type of...
[20:41.080 --> 20:44.080]  Okay, so they found you guilty.
[20:44.080 --> 20:45.080]  Yeah.
[20:45.080 --> 20:51.080]  So you can file a...
[20:51.080 --> 20:57.080]  There's a motion you can file before you get to the appellate court.
[20:57.080 --> 21:03.080]  You can ask the judge to strike the verdict for lack of evidence.
[21:03.080 --> 21:08.080]  There's no evidence before the court.
[21:08.080 --> 21:11.080]  Right.
[21:11.080 --> 21:17.080]  So is that, yeah, I wanted to ask, is that...
[21:17.080 --> 21:21.080]  No, that's not my concern, but I really wanted to get to the appellate court.
[21:21.080 --> 21:27.080]  But is that something I should allow them to do?
[21:27.080 --> 21:29.080]  Yeah.
[21:29.080 --> 21:32.080]  You can get this thing knocked out in the trial court,
[21:32.080 --> 21:36.080]  and apparently the judge knows you're no chump at this point,
[21:36.080 --> 21:42.080]  and you bring up the issues that there is no proper evidence before the court,
[21:42.080 --> 21:48.080]  since there is no best evidence before the court,
[21:48.080 --> 21:56.080]  because there was no first person witness.
[21:56.080 --> 22:00.080]  I was in court in Fort Worth over an accident.
[22:00.080 --> 22:02.080]  I pulled up to a highway,
[22:02.080 --> 22:06.080]  and another guy pulled up to the highway on the opposite side.
[22:06.080 --> 22:07.080]  I looked to my right.
[22:07.080 --> 22:10.080]  He looked to his right.
[22:10.080 --> 22:14.080]  First I looked to my left at oncoming traffic.
[22:14.080 --> 22:17.080]  He would look to the left for oncoming traffic.
[22:17.080 --> 22:20.080]  There's nothing coming, so we both pulled out at the same time
[22:20.080 --> 22:23.080]  and turned into each other.
[22:23.080 --> 22:24.080]  Odd circumstance.
[22:24.080 --> 22:27.080]  So a sheriff's deputy come and ask us to move the cars off the highway.
[22:27.080 --> 22:29.080]  So we did.
[22:29.080 --> 22:32.080]  The local police came to investigate the accident,
[22:32.080 --> 22:36.080]  and since I hit him, he charged me.
[22:36.080 --> 22:43.080]  So we got in court, and I asked him where he was when the accident occurred.
[22:43.080 --> 22:45.080]  And he said, oh, he was on another call.
[22:45.080 --> 22:47.080]  So you didn't see the accident occur?
[22:47.080 --> 22:50.080]  I said, no, he didn't.
[22:50.080 --> 22:52.080]  How did you know an accident occurred?
[22:52.080 --> 22:57.080]  Well, I talked to you and the other driver.
[22:57.080 --> 23:01.080]  So when did you commit aggravated perjury?
[23:01.080 --> 23:06.080]  When you told the court that you had firsthand knowledge of what occurred
[23:06.080 --> 23:11.080]  and filed this complaint, or just now when you said you didn't?
[23:11.080 --> 23:14.080]  They had a brand new prosecutor on the other side.
[23:14.080 --> 23:18.080]  They had an older prosecutor with her showing her the ropes.
[23:18.080 --> 23:20.080]  And she jumped up, I object.
[23:20.080 --> 23:22.080]  I said, I do too, Your Honor.
[23:22.080 --> 23:26.080]  This is horrible.
[23:26.080 --> 23:31.080]  And the judge, it was this prosecutor's first case ever.
[23:31.080 --> 23:40.080]  So he found me guilty and charged me $10.
[23:40.080 --> 23:45.080]  Anyway, so we had that issue before.
[23:45.080 --> 23:47.080]  Okay.
[23:47.080 --> 23:50.080]  Did they turn the case over?
[23:50.080 --> 23:52.080]  No, I didn't appeal.
[23:52.080 --> 23:56.080]  They charged me $10, so this is early on, so I didn't appeal it.
[23:56.080 --> 23:59.080]  Okay, okay.
[23:59.080 --> 24:01.080]  I wasn't fighting the system then.
[24:01.080 --> 24:04.080]  I had other issues.
[24:04.080 --> 24:06.080]  But it was funny.
[24:06.080 --> 24:12.080]  I wanted to ask the judge to arrest the officer for aggravated perjury.
[24:12.080 --> 24:16.080]  And the judge just wanted a way to get that out of his court.
[24:16.080 --> 24:19.080]  And I suspect these guys are going to do the same thing,
[24:19.080 --> 24:25.080]  give the judge an opportunity, and he's likely to make this go away.
[24:25.080 --> 24:28.080]  Okay, I was really interested because I was like, well, this is the first.
[24:28.080 --> 24:34.080]  I'm interested in defining how many loopholes, and even if you're guilty,
[24:34.080 --> 24:40.080]  you make them go through trials, and there are things that they have to do and they don't do.
[24:40.080 --> 24:41.080]  Right.
[24:41.080 --> 24:47.080]  And one of the first things they have to do is produce competent evidence.
[24:47.080 --> 24:52.080]  The judge cannot adjudicate based on hearsay.
[24:52.080 --> 24:56.080]  What they would have had to have done is brought in a witness.
[24:56.080 --> 25:01.080]  Like in my case, they would have had to have brought in the other witness to the offense,
[25:01.080 --> 25:04.080]  and he could have testified to firsthand knowledge.
[25:04.080 --> 25:08.080]  The officer could not.
[25:08.080 --> 25:09.080]  Right.
[25:09.080 --> 25:17.080]  So in your case, nobody has competent evidence.
[25:17.080 --> 25:22.080]  Well, the other, the person in the car you had the accident with
[25:22.080 --> 25:28.080]  would have evidence concerning the accident itself.
[25:28.080 --> 25:35.080]  But you weren't charged with a violation based on the accident.
[25:35.080 --> 25:39.080]  You weren't charged with driving without a license.
[25:39.080 --> 25:49.080]  So the person in the other car would have had no competent evidence either.
[25:49.080 --> 25:55.080]  Nobody can have competent evidence except you.
[25:55.080 --> 25:58.080]  And I didn't testify.
[25:58.080 --> 26:01.080]  Yeah, you did that right.
[26:01.080 --> 26:06.080]  Okay, so what is the question now?
[26:06.080 --> 26:10.080]  No, that was all I...
[26:10.080 --> 26:17.080]  I just wanted to get a good figuration about how that works.
[26:17.080 --> 26:23.080]  I figured I'm going to be able to use that since I'm going to be going in the court.
[26:23.080 --> 26:30.080]  I just wanted to see what all that entails if I was going down the right road.
[26:30.080 --> 26:36.080]  Okay, in that case, I have one more caller that wants to talk to you.
[26:36.080 --> 26:39.080]  Okay, Brett, do you...
[26:39.080 --> 26:56.080]  Okay, if your area code is 360, talk to us, give us a first name.
[26:56.080 --> 27:01.080]  Somebody talk to us.
[27:01.080 --> 27:03.080]  Hello?
[27:03.080 --> 27:05.080]  Okay, it looks like...
[27:05.080 --> 27:11.080]  I heard her say hey, but then it got cut off and I didn't hear after that.
[27:11.080 --> 27:16.080]  Okay, if you can hear us, we obviously have a bad connection.
[27:16.080 --> 27:24.080]  Will you hang up and call right back?
[27:24.080 --> 27:29.080]  Yeah, we're just getting every other sololable.
[27:29.080 --> 27:34.080]  Did I get the emphasis on the wrong sololable?
[27:34.080 --> 27:39.080]  Well, apparently they can't hear us.
[27:39.080 --> 27:40.080]  Okay, maybe he could.
[27:40.080 --> 27:41.080]  He hung up.
[27:41.080 --> 27:42.080]  So he'll probably call right back.
[27:42.080 --> 27:48.080]  He wanted to talk to you about declaratory judgment.
[27:48.080 --> 27:49.080]  Okay.
[27:48.080 --> 27:50.080]  That's a lady.
[27:50.080 --> 27:55.080]  Oh, a lady, okay.
[27:55.080 --> 28:00.080]  Okay, Olivier, since we're waiting for her to call back,
[28:00.080 --> 28:07.080]  say something intelligent and intuitive and very profound.
[28:07.080 --> 28:10.080]  There she is.
[28:10.080 --> 28:14.080]  You got saved by the bell.
[28:14.080 --> 28:16.080]  Okay, there's your 360.
[28:16.080 --> 28:19.080]  Let's get her unmuted.
[28:19.080 --> 28:26.080]  Hannah in Washington, okay, good.
[28:26.080 --> 28:27.080]  There we go.
[28:26.080 --> 28:32.080]  Go ahead, Hannah.
[28:32.080 --> 28:33.080]  What happened?
[28:33.080 --> 28:35.080]  Hannah, are you there?
[28:35.080 --> 28:37.080]  Let me unmute, remute.
[28:37.080 --> 28:40.080]  I mean, let me...
[28:40.080 --> 28:41.080]  Okay, she's...
[28:41.080 --> 28:46.080]  Hannah, are you there?
[28:46.080 --> 28:50.080]  We are still not getting her.
[28:50.080 --> 28:55.080]  Okay, Olivier, we won't hold you up.
[28:55.080 --> 28:59.080]  Give her just a second to call back.
[28:59.080 --> 29:04.080]  So now you can say something really intelligent and intuitive.
[29:04.080 --> 29:11.080]  Well, I went to court today, and when we came to court,
[29:11.080 --> 29:16.080]  there's, I guess, there's her secretaries or attorneys who could just come
[29:16.080 --> 29:19.080]  and assist her, and they come and speak to you,
[29:19.080 --> 29:22.080]  give you like a little pep talk and send you home.
[29:22.080 --> 29:30.080]  So I'm sitting in there talking to the pep talk prepper, pep public defender,
[29:30.080 --> 29:37.080]  and your break is coming up.
[29:37.080 --> 29:41.080]  Okay, we've got about 20 seconds.
[29:41.080 --> 29:42.080]  Okay, if Randy Kelton...
[29:42.080 --> 29:45.080]  It does look like we've got Hannah back, though.
[29:45.080 --> 29:46.080]  Yes, we do.
[29:46.080 --> 29:48.080]  Hannah, hang on.
[29:48.080 --> 29:50.080]  We'll pick you up on the other side.
[29:50.080 --> 29:53.080]  Randy Kelton, Brett Fountain, we'll radio.
[29:53.080 --> 30:00.080]  We'll be right back.
[30:00.080 --> 30:03.080]  Everyone knows that walking is a great exercise,
[30:03.080 --> 30:08.080]  but you might not know that the way you walk could predict how long you're going to live.
[30:08.080 --> 30:09.080]  I'm Dr. Catherine Albrecht,
[30:09.080 --> 30:14.080]  and I'll be back to tell you more about walking prognostication in just a moment.
[30:14.080 --> 30:16.080]  Privacy is under attack.
[30:16.080 --> 30:19.080]  When you give up data about yourself, you'll never get it back again.
[30:19.080 --> 30:24.080]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:24.080 --> 30:29.080]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.080 --> 30:32.080]  Privacy, it's worth hanging on to.
[30:32.080 --> 30:36.080]  This public service announcement is brought to you by StartPage.com,
[30:36.080 --> 30:40.080]  the private search engine alternative to Google, Yahoo, and Bing.
[30:40.080 --> 30:43.080]  Start over with StartPage.
[30:43.080 --> 30:48.080]  New research shows how fast you walk could predict how long you're going to live.
[30:48.080 --> 30:52.080]  The Journal of the American Medical Association reports that older adults
[30:52.080 --> 30:56.080]  who walk one meter per second or faster live longer than expected.
[30:56.080 --> 31:00.080]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.080 --> 31:05.080]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:05.080 --> 31:07.080]  as more traditional statistical measures.
[31:07.080 --> 31:10.080]  Generally speaking, faster walkers live longer.
[31:10.080 --> 31:13.080]  Measuring walking speed is quick and inexpensive.
[31:13.080 --> 31:16.080]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.080 --> 31:21.080]  Researchers say it could help doctors identify older patients who need special care.
[31:21.080 --> 31:23.080]  I'm Dr. Catherine Albrecht.
[31:23.080 --> 31:30.080]  For more news and information, at CatherineAlbrecht.com.
[31:53.080 --> 31:55.080]  My son, my uncle, my nephew, my son.
[31:55.080 --> 31:57.080]  Go to buildingwatch.org.
[31:57.080 --> 32:01.080]  Why it sells, why it matters, and what you can do.
[32:01.080 --> 32:06.080]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[32:06.080 --> 32:11.080]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time
[32:11.080 --> 32:15.080]  for Scripture Talk, where Nana and her guests discuss the Scriptures
[32:15.080 --> 32:18.080]  in accord with 2 Timothy 2.15.
[32:18.080 --> 32:22.080]  Study to show thyself approved unto God, a workman that needeth not to be ashamed,
[32:22.080 --> 32:25.080]  rightly dividing the Word of Truth.
[32:25.080 --> 32:28.080]  Starting in January, our first-hour studies are in the Book of Mark,
[32:28.080 --> 32:32.080]  where we'll go verse by verse and discuss the true Gospel message.
[32:32.080 --> 32:35.080]  Our second-hour topical studies will vary each week
[32:35.080 --> 32:39.080]  with discussions on sound doctrine and Christian character development.
[32:39.080 --> 32:44.080]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.080 --> 32:47.080]  Our goal is to strengthen our faith and to transform ourselves
[32:47.080 --> 32:50.080]  more into the likeness of our Lord and Savior Jesus.
[32:50.080 --> 32:54.080]  So tune in to Scripture Talk live on LogosRadioNetwork.com
[32:54.080 --> 33:21.080]  Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[33:24.080 --> 33:41.080]  Okay, we are back.
[33:41.080 --> 33:47.080]  Randy Kelton, Brett Felton, Rue La Radio, and we're talking to Olivier in Tennessee.
[33:47.080 --> 33:51.080]  We have Hannah back. Let me check her audio.
[33:51.080 --> 33:53.080]  Hannah, are you there?
[33:53.080 --> 33:55.080]  Yeah, can you hear me?
[33:55.080 --> 33:57.080]  Yes, we can hear you this time.
[33:57.080 --> 34:02.080]  Hang on, Olivier was finishing up about going to court today.
[34:02.080 --> 34:04.080]  Olivier?
[34:04.080 --> 34:05.080]  Go ahead.
[34:05.080 --> 34:07.080]  Oh, I'm muted, Olivier.
[34:07.080 --> 34:09.080]  Okay, there you go.
[34:09.080 --> 34:12.080]  Olivier, where were we?
[34:12.080 --> 34:14.080]  About the court.
[34:14.080 --> 34:16.080]  Yeah, you were?
[34:16.080 --> 34:20.080]  I went to go speak to my public defender,
[34:20.080 --> 34:24.080]  and they give you someone else's assistant.
[34:24.080 --> 34:26.080]  It's like a circus.
[34:26.080 --> 34:29.080]  So I'm speaking to him, and then I asked him, he's like,
[34:29.080 --> 34:33.080]  well, you had a court date, they're calling in a week or so,
[34:33.080 --> 34:37.080]  and I was like, well, did you talk to her about the determination hearing?
[34:37.080 --> 34:40.080]  And did you get the paperwork that I asked for?
[34:40.080 --> 34:44.080]  And he was like, well, determination hearing?
[34:44.080 --> 34:48.080]  Well, I was like, so no, that means no, you didn't,
[34:48.080 --> 34:53.080]  because if you did, I said, if you did, you would have remembered.
[34:53.080 --> 34:56.080]  That's one of the biggest issues that we have going on right now,
[34:56.080 --> 34:59.080]  and you're telling me that you didn't talk to her.
[34:59.080 --> 35:01.080]  And then he got upset.
[35:01.080 --> 35:05.080]  He said, oh, I've been lieutenant for 20.
[35:05.080 --> 35:08.080]  I said, I can't believe it.
[35:08.080 --> 35:11.080]  I'm appalled that you didn't even speak to her.
[35:11.080 --> 35:12.080]  He's like, oh, we're done.
[35:12.080 --> 35:13.080]  We're done.
[35:13.080 --> 35:14.080]  I said, we're done.
[35:14.080 --> 35:15.080]  I'm looking at him in the room.
[35:15.080 --> 35:16.080]  I said, you know what?
[35:16.080 --> 35:19.080]  I said, where's my attorney at?
[35:19.080 --> 35:21.080]  I said, I want to speak to my attorney.
[35:21.080 --> 35:23.080]  Go get my attorney.
[35:23.080 --> 35:28.080]  And he paused, and they're in the headlight.
[35:28.080 --> 35:30.080]  I'm looking at him like, yeah, I have a right,
[35:30.080 --> 35:34.080]  because he knows I sued the judges and everybody else, too.
[35:34.080 --> 35:36.080]  I'm like, I have a right to speak to an attorney.
[35:36.080 --> 35:37.080]  I was signed to an attorney.
[35:37.080 --> 35:42.080]  This was the second time that I came to court, and I haven't even seen her.
[35:42.080 --> 35:47.080]  And now I asked you about a right that I asked you to discuss with her,
[35:47.080 --> 35:52.080]  and you're telling me we're done?
[35:52.080 --> 35:54.080]  Go get my attorney.
[35:54.080 --> 35:58.080]  And I'm like, well, she's busy in the court right now.
[35:58.080 --> 36:01.080]  I said, I'm here for court today, right?
[36:01.080 --> 36:03.080]  I said, is the court rule open?
[36:03.080 --> 36:05.080]  His eyes got big.
[36:05.080 --> 36:08.080]  I'm looking at him, and he's speaking slow.
[36:08.080 --> 36:09.080]  I'm like, is the court?
[36:09.080 --> 36:10.080]  Oh, OK.
[36:10.080 --> 36:11.080]  I said, great, it's open.
[36:11.080 --> 36:17.080]  I'm going to go and sit inside of there, and I want to talk to my attorney now.
[36:17.080 --> 36:20.080]  He's just sitting there like, I'm like, yeah.
[36:20.080 --> 36:25.080]  I don't know who you are.
[36:25.080 --> 36:32.080]  You need to find out in bar grieving.
[36:32.080 --> 36:39.080]  I go inside and sit down, and they're doing their little song and dance by the judge.
[36:39.080 --> 36:46.080]  And everybody's looking at me like crazy in the courtroom, like, what is he in here for?
[36:46.080 --> 36:49.080]  And in my head, I'm like, are y'all crazy?
[36:49.080 --> 36:50.080]  This is a courtroom.
[36:50.080 --> 36:52.080]  Anybody keep coming in and looking.
[36:52.080 --> 36:56.080]  And they're saying, is he crazy?
[36:56.080 --> 36:58.080]  I'm like, look, I'm looking at them, and y'all crazy.
[36:58.080 --> 37:02.080]  I'm like, go ahead, somebody come over here and say anything to me.
[37:02.080 --> 37:03.080]  I'm going to get real loud.
[37:03.080 --> 37:05.080]  It's going to get real loud.
[37:05.080 --> 37:10.080]  I had that attitude on my face, like, anybody come over here and say anything to me.
[37:10.080 --> 37:17.080]  So now the attorney that I just spoke to outside, he goes up to her and tells her the situation.
[37:17.080 --> 37:19.080]  Oh, he's upset and this and that.
[37:19.080 --> 37:24.080]  And then he goes talk, as he talks to her, he goes talk to one of the sheriffs.
[37:24.080 --> 37:30.080]  And then one of the sheriffs will go stand outside the meeting room that we just came out of,
[37:30.080 --> 37:34.080]  which the attorney is about to take me into.
[37:34.080 --> 37:42.080]  So she talks to her, and then she has a look on her face like, oh, my God, this is going to be a pain
[37:42.080 --> 37:46.080]  because another activist don't know what they're talking about.
[37:46.080 --> 37:47.080]  She has that look on her face.
[37:47.080 --> 37:50.080]  They're like, OK, OK, I'll talk to him in a second.
[37:50.080 --> 37:54.080]  I'm just so because they realize he ain't moving.
[37:54.080 --> 37:55.080]  You're going to talk to him.
[37:55.080 --> 37:58.080]  He's going to make a mess out of it.
[37:58.080 --> 38:01.080]  So she said, one second.
[38:01.080 --> 38:02.080]  So they finally come.
[38:02.080 --> 38:04.080]  They come back and take me to the room.
[38:04.080 --> 38:06.080]  And she's like, OK, what's going on?
[38:06.080 --> 38:07.080]  He said you would like to talk to her.
[38:07.080 --> 38:08.080]  I'm like, yeah, I'd like to talk to you.
[38:08.080 --> 38:13.080]  I think I asked her about information that I gave that I told him to expose to you.
[38:13.080 --> 38:16.080]  And he asked, he's looking at me like I'm crazy.
[38:16.080 --> 38:20.080]  And then she starts, she's like, well, is this about the motions that you filed?
[38:20.080 --> 38:23.080]  And then you say determination hearings.
[38:23.080 --> 38:30.080]  You know, there are judges for the DMVs, and they have a different type of determinations here.
[38:30.080 --> 38:31.080]  I'm just sitting there.
[38:31.080 --> 38:35.080]  I sat down, and I patiently listened to her intelligently.
[38:35.080 --> 38:36.080]  I looked at her.
[38:36.080 --> 38:37.080]  I said, no.
[38:37.080 --> 38:41.080]  I said, I'm familiar with that, with exactly what you're talking about.
[38:41.080 --> 38:43.080]  I said, but this is something else.
[38:43.080 --> 38:48.080]  This is something that is a determination hearing for fines and fees.
[38:48.080 --> 38:57.080]  This is a whole issue about a right to livelihood and the state suspending our licenses
[38:57.080 --> 39:03.080]  before having a determination hearing to see if we have the ability to pay for it or not.
[39:03.080 --> 39:12.080]  And then the second part of it is that indigent defendants cannot be stripped of their licenses for court fines and fees.
[39:12.080 --> 39:17.080]  I said, this is a ruling from 2020 against the state of Tennessee.
[39:17.080 --> 39:18.080]  Her eyes got big.
[39:18.080 --> 39:19.080]  She said, what?
[39:19.080 --> 39:20.080]  This is new?
[39:20.080 --> 39:21.080]  I said, yes.
[39:21.080 --> 39:26.080]  I said, it has prior cases involved in it, but this is a current case that just happened.
[39:26.080 --> 39:28.080]  And she's like, so this is not...
[39:28.080 --> 39:30.080]  I said, no, this is totally...
[39:30.080 --> 39:33.080]  Those motions that I wrote have different arguments.
[39:33.080 --> 39:37.080]  That's a whole different spectrum of arguments.
[39:37.080 --> 39:39.080]  This is a new one.
[39:39.080 --> 39:51.080]  She's like, well, she's like, look, Mr. Olivier, I know you've been calling our office, but that number is not accurate.
[39:51.080 --> 39:54.080]  She's like, you are a different type of client.
[39:54.080 --> 40:01.080]  And what I'm going to do is I need you to have a direct client.
[40:01.080 --> 40:07.080]  You are a different type of client.
[40:07.080 --> 40:12.080]  Her eyes went from, oh, my God, I got to go deal with this crap again today.
[40:12.080 --> 40:14.080]  Some nonsense.
[40:14.080 --> 40:17.080]  The hearing people are like, the eyes are going wild.
[40:17.080 --> 40:18.080]  Do you have this written down?
[40:18.080 --> 40:20.080]  I said, of course I have it written down.
[40:20.080 --> 40:23.080]  I didn't make this stuff up.
[40:23.080 --> 40:24.080]  I learned it.
[40:24.080 --> 40:30.080]  The only reason, as I was reciting what the judges were saying, she was like, you know what?
[40:30.080 --> 40:32.080]  That sounds like it works.
[40:32.080 --> 40:34.080]  I said, of course it works.
[40:34.080 --> 40:35.080]  I didn't say it.
[40:35.080 --> 40:37.080]  The judge wrote it.
[40:37.080 --> 40:39.080]  And she's like, can you give me all this information?
[40:39.080 --> 40:40.080]  I'm like, yeah, I can get it.
[40:40.080 --> 40:42.080]  She's like, listen, she gave me information, right?
[40:42.080 --> 40:49.080]  She said, this right here, when you send it to this email, they automatically put all your documents in the case file.
[40:49.080 --> 40:53.080]  She said, this is, I'm sitting here looking at her like, what?
[40:53.080 --> 40:56.080]  Are you sure you want to do that?
[40:56.080 --> 40:57.080]  I said, OK.
[40:57.080 --> 40:58.080]  I said, thank you.
[40:58.080 --> 41:01.080]  She said, as soon as you get a document, put it in there for me.
[41:01.080 --> 41:04.080]  She said, because you're not the normal type of client.
[41:04.080 --> 41:09.080]  And it's definitely, that was just a whole misunderstanding.
[41:09.080 --> 41:14.080]  The sheriff standing outside the door laughing, like, are you serious?
[41:14.080 --> 41:17.080]  Is this what you're calling me out here for?
[41:17.080 --> 41:23.080]  You called me out here because he's fighting for his rights, and you're looking like, you're looking ridiculous.
[41:23.080 --> 41:24.080]  It's embarrassing.
[41:24.080 --> 41:32.080]  Can you do something about that?
[41:32.080 --> 41:35.080]  That was real, I'm like, wait, am I in Twilight Zone?
[41:35.080 --> 41:37.080]  But it was, I'm like, thank you.
[41:37.080 --> 41:38.080]  That's all I wanted.
[41:38.080 --> 41:39.080]  It was like two minutes.
[41:39.080 --> 41:48.080]  It took two minutes of good teaching to figure out that, hey, we got something here.
[41:48.080 --> 41:50.080]  That is great.
[41:50.080 --> 41:55.080]  The more I hear about traffic courts in Florida, the more pleased I am with them.
[41:55.080 --> 41:59.080]  They actually seem to pay attention.
[41:59.080 --> 42:05.080]  Hannah, you had a, you wanted to speak to Olivier.
[42:05.080 --> 42:14.080]  Yeah, I just wanted to bounce more off the declaratory judgment.
[42:14.080 --> 42:32.080]  Just to my understanding, the purpose of it is essentially to define a right that there seems to be mistaken or it's not very clear.
[42:32.080 --> 42:44.080]  A declaratory judgment is a, you're asking the court to rule on a point of law and declare the rights of the parties.
[42:44.080 --> 42:48.080]  You have the rights or the status.
[42:48.080 --> 43:13.080]  So my thought on that is I'm in family court, the state family court, but using that as a way to establish the right of parents and the right that you can't make hearsay claims to take away
[43:13.080 --> 43:23.080]  that parent's right to have their children in their custody, enjoyment.
[43:23.080 --> 43:35.080]  I mean, it's the highest right a person can have, and these courts will allow the kids to still be-
[43:35.080 --> 43:36.080]  Okay, wait a minute.
[43:36.080 --> 43:41.080]  You're kind of preaching to the choir here.
[43:41.080 --> 43:51.080]  You had a, you wanted to, what is it that you want to secure a declaratory judgment on?
[43:51.080 --> 44:00.080]  We need a statute.
[44:00.080 --> 44:12.080]  We need a statute.
[44:12.080 --> 44:34.080]  We need a statute.
[44:34.080 --> 45:01.080]  We need a statute.
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[46:22.080 --> 46:51.080]  Music playing.
[46:51.080 --> 46:54.080]  Okay, we are back.
[46:54.080 --> 47:00.080]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Olivier and Hannah.
[47:00.080 --> 47:05.080]  Olivier, I can't believe you ran off the cliff.
[47:05.080 --> 47:07.080]  That was Hannah.
[47:07.080 --> 47:08.080]  Oh, okay.
[47:08.080 --> 47:10.080]  Hannah did.
[47:10.080 --> 47:16.080]  We are the hosts, and we never take responsibility for our screw-ups.
[47:16.080 --> 47:22.080]  Well, it's easier to point the finger.
[47:22.080 --> 47:29.080]  But Deborah, the producer, she just never goes for that.
[47:29.080 --> 47:32.080]  Okay.
[47:32.080 --> 47:33.080]  Go ahead.
[47:33.080 --> 47:37.080]  You and Olivier were talking.
[47:37.080 --> 47:48.080]  Yeah, Olivier was asking, he says, we need a statute that you're particularly trying to focus on what is his rights and stuff about which statute.
[47:48.080 --> 48:09.080]  So it's RCW 26.09004, and it's the definition of parenting function, because in the petition that starts the guardianship, they have to prove the parent is unwilling or unable to perform parenting function,
[48:09.080 --> 48:18.080]  therefore giving cause for your child not to be with you.
[48:18.080 --> 48:36.080]  Now, parenting function, the definition, the petitioner did not prove it, and I kept asking the judge in our last hearing, where is the clear and convincing evidence needed to give the court authority?
[48:36.080 --> 48:42.080]  Just like what it requires in the petition.
[48:42.080 --> 48:43.080]  Hold on.
[48:43.080 --> 48:47.080]  Authority to do what?
[48:47.080 --> 48:53.080]  To appoint temporary guardianship.
[48:53.080 --> 48:57.080]  Okay.
[48:57.080 --> 49:05.080]  So you're saying that the court did not have this authority?
[49:05.080 --> 49:17.080]  Well, I'm saying they don't have it, and I'm saying per their statute, they don't even meet the essential elements to prove it.
[49:17.080 --> 49:18.080]  Okay.
[49:18.080 --> 49:21.080]  What would constitute the essential elements?
[49:21.080 --> 49:36.080]  Where I'm going here, and the reason I'm asking these questions this way, is I'm trying to figure out how we could take this issue and turn it into a petition for declaratory judgment.
[49:36.080 --> 49:37.080]  Okay.
[49:37.080 --> 49:52.080]  So they have to prove parents don't need the definition of parenting functions in their statute.
[49:52.080 --> 50:06.080]  The definition, it's the right to maintain a living home, to make sure your kid is fed, that you attend adequate education.
[50:06.080 --> 50:11.080]  It's a guideline for being a parent, you know.
[50:11.080 --> 50:27.080]  So the question would be, must all of the elements be before the court in order for the court to make this particular ruling?
[50:27.080 --> 50:28.080]  Does that sound right?
[50:28.080 --> 50:29.080]  Yeah.
[50:29.080 --> 50:30.080]  Yeah, well put.
[50:30.080 --> 50:59.080]  Yeah, and it's supposed to be, they just, they don't, and they, I have, in writing, tried to get them to state it, you know, findings of fact, the conclusion that they obtained their, petitioner did their job.
[50:59.080 --> 51:03.080]  They did what was required of them.
[51:03.080 --> 51:21.080]  I'm going to suggest basing on, based on the issues you're bringing, that what would probably be better here would be a petition for writ of mandamus, or writ of mandate, whatever they call it in Washington.
[51:21.080 --> 51:33.080]  Where you're asking the appellate court to direct the judge to ensure that all of the elements are in place.
[51:33.080 --> 51:52.080]  If you believe that elements aren't in place, to direct the judge to properly apply the law to the facts, and reverse this ruling, or develop the evidence they need to support the ruling.
[51:52.080 --> 51:54.080]  So I did that.
[51:54.080 --> 52:23.080]  And at my second appeal, but that was the first process, is you do motion for revision, and it brings the commissioner's decision up to a judge, and the judge overlooks the case file, the evidence, and then either overturns it, and says there wasn't enough evidence,
[52:23.080 --> 52:29.080]  or lets it, you know, just denies.
[52:29.080 --> 52:38.080]  And the judge did not even allow me to have a oral hearing.
[52:38.080 --> 52:47.080]  I sat in the courtroom for 30 minutes, until a clerk came out, and everything was just denied.
[52:47.080 --> 53:02.080]  Did they, okay, in Washington, do they give you an order and a, what is it, Brett, in the Fed, where you have an order and a judgment?
[53:02.080 --> 53:04.080]  Did they give you a judgment?
[53:04.080 --> 53:10.080]  The judgment, in effect, will be findings, effect, and conclusions of law.
[53:10.080 --> 53:15.080]  They give you an order.
[53:15.080 --> 53:27.080]  Did the order contain their, what their decision actually was, how they came to their decision?
[53:27.080 --> 53:43.080]  Yeah, it just said the judge found the commissioner, applied the evidence, and made a proper decision.
[53:43.080 --> 53:46.080]  What was the evidence?
[53:46.080 --> 53:50.080]  That's what I would like to know.
[53:50.080 --> 53:55.080]  Well, this is something, you're in your second appeal?
[53:55.080 --> 53:59.080]  I will have it the 11th, so next week.
[53:59.080 --> 54:03.080]  Okay.
[54:03.080 --> 54:10.080]  Okay, take it at this point, you have filed a brief.
[54:10.080 --> 54:15.080]  No, no.
[54:15.080 --> 54:19.080]  Wow, you're in an appellate court.
[54:19.080 --> 54:26.080]  You have to bring the facts in law before this appellate court.
[54:26.080 --> 54:40.080]  I'm sorry, so I'm one step behind for a commissioner to review or appeal on a commissioner's decision, which was the first one.
[54:40.080 --> 54:46.080]  You have to do a motion for revision, and it just goes to one of the judges.
[54:46.080 --> 54:51.080]  Okay, so this is not actually the appellate court.
[54:51.080 --> 54:54.080]  This is a kind of an in-between thing?
[54:54.080 --> 55:07.080]  Correct, so if the judge, depending on how they rule, which we know it's not going to be in my favor, then I want to take that under review.
[55:07.080 --> 55:29.080]  So then I would be at the making my brief and taking it to the appeals court, I'm assuming. I don't think I can have a judge overlook a judge's superior.
[55:29.080 --> 55:34.080]  I'm confused.
[55:34.080 --> 55:42.080]  In all guardianship cases, commissioners are the judges.
[55:42.080 --> 55:56.080]  Okay, and your remedy on appeal, how does that work?
[55:56.080 --> 56:08.080]  To appeal a commissioner's decision, you motion for revision, and it gets looked in front of a judge.
[56:08.080 --> 56:13.080]  Okay, and as I understand, that's been done, and the judge ruled against you.
[56:13.080 --> 56:15.080]  Yes.
[56:15.080 --> 56:24.080]  Do you get to file any kind of argument or brief with the commissioner?
[56:24.080 --> 56:26.080]  Yes.
[56:26.080 --> 56:27.080]  Did you do that?
[56:27.080 --> 56:42.080]  I filed an objection to the petition. I filed numerous motions. My last one was challenging subject matter jurisdiction.
[56:42.080 --> 56:49.080]  Next week will be my third attempt to just have subject matter heard.
[56:49.080 --> 56:59.080]  Wait a minute, you filed a subject matter jurisdiction challenge, and they didn't hear it? Did they do anything else in between?
[56:59.080 --> 57:02.080]  Oh, yes.
[57:02.080 --> 57:11.080]  Then you should move, okay, this should get interlocutory appeal. Oh wait, no, I'm sorry, this should get mandamus.
[57:11.080 --> 57:12.080]  Okay.
[57:12.080 --> 57:24.080]  I filed a petition for writ of mandamus. The court, once a subject matter jurisdiction challenge is filed, loses jurisdiction.
[57:24.080 --> 57:25.080]  Right.
[57:25.080 --> 57:45.080]  Move the court of appeals to order the court to address the subject matter jurisdiction challenge and to strike all the rulings filed after the subject matter jurisdiction was challenged in the court.
[57:45.080 --> 57:46.080]  Okay.
[57:46.080 --> 58:02.080]  It wouldn't make any difference if they had jurisdiction. When you filed a challenge, they lost it until they prove it. So everything they did after that was void.
[58:02.080 --> 58:13.080]  Agreed. They just say they don't have to hear the motion. They make an excuse or something. I didn't serve.
[58:13.080 --> 58:23.080]  There's no excuse on subject matter jurisdiction. That should get a mandamus immediately and order them to hear it.
[58:23.080 --> 58:24.080]  Okay.
[58:24.080 --> 58:30.080]  Are you confident you understand what he means when he says mandamus?
[58:30.080 --> 58:34.080]  I do. I've looked at them a few times.
[58:34.080 --> 58:50.080]  Wait, wait, wait, hold on. We're about to go to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio. We've got a full board of callers who won't give out the number. Hang on. We'll be right back.
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[01:01:17.080 --> 01:01:31.080]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.080 --> 01:01:40.080]  The Bill of Rights contains the first ten amendments of our Constitution. They guarantee you the specific freedoms Americans should know and protect. Our liberty depends on it.
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[01:03:41.080 --> 01:03:59.080]  Okay, Randy Kelton, Brett Fountain, Rue La Radio on this, the fourth day of February 2022, and we are talking to Hannah and we've got Olivier kind of standing by there.
[01:03:59.080 --> 01:04:06.080]  But Hannah, I don't think this goes to declaratory judgment.
[01:04:06.080 --> 01:04:21.080]  This goes to petition for writ of mandamus to ask the trial, the appellate court to order the trial court to hear the subject matter jurisdiction challenge
[01:04:21.080 --> 01:04:33.080]  and to rule that all of the actions of the court, subsequent to the filing of a petition for declaratory judgment, they're all void.
[01:04:33.080 --> 01:04:43.080]  Because at the time, the court did not have jurisdiction. Are you familiar with how jurisdiction works?
[01:04:43.080 --> 01:04:51.080]  Yes. Yeah, that's why I've been trying to get that motion heard.
[01:04:51.080 --> 01:05:03.080]  Yeah, get it out of the trial court, get it to the court of appeals. The court of appeals has a whole different perspective than the trial court.
[01:05:03.080 --> 01:05:13.080]  The court of appeals is all about maintaining the integrity of the body of law, the corpus curus.
[01:05:13.080 --> 01:05:22.080]  So they will rule on point of law. So you file a mandamus, that's going to annoy all of these courts.
[01:05:22.080 --> 01:05:32.080]  They're not going to like being challenged before the court of appeals. It's likely to get them to be more careful.
[01:05:32.080 --> 01:05:40.080]  And I can just skip ahead to the court of appeals? I don't have to procedurally go up the ladder?
[01:05:40.080 --> 01:05:52.080]  No, this goes to the court of appeals directly. Actually, the court of appeals is the next step up the ladder.
[01:05:52.080 --> 01:06:03.080]  Unless you, this commissioner's stuff, you know, Washington's different apparently than most states I've looked at.
[01:06:03.080 --> 01:06:12.080]  But you're asking a court to rule on point of law. That's what the appellate court is there for.
[01:06:12.080 --> 01:06:21.080]  So you check Washington law, but I'm relatively certain a mandamus will go to the court of appeals.
[01:06:21.080 --> 01:06:34.080]  So respectfully, I have, and it's to take it to a judge because these orders are from commissioners. They're not even judges. They're lower.
[01:06:34.080 --> 01:06:45.080]  That doesn't matter. They're not following law. So look at Washington law as, but a mandamus will almost always,
[01:06:45.080 --> 01:06:52.080]  you know, look up mandamus in Washington law, it'll tell you, but it almost always goes to court of appeals.
[01:06:52.080 --> 01:07:03.080]  Yeah, and it bypasses everybody. If they don't like it, you know, if there was somebody else who was supposed to fight it with, they'll tell you.
[01:07:03.080 --> 01:07:23.080]  Okay. The mandamus and interlocutory, you can bypass everybody. If they render a ruling that would interfere with your rights to adjudicate your case,
[01:07:23.080 --> 01:07:34.080]  that would go to interlocutory appeal. Interlocutory means within the case. Normally you appeal when there's a final adjudication,
[01:07:34.080 --> 01:07:45.080]  but interlocutory is a ruling that would cripple your ability to adjudicate the case. And you ask the court of appeals to overturn that ruling.
[01:07:45.080 --> 01:07:56.080]  Mandamus is where you ask the court of appeals to order the trial court to do what is required to do.
[01:07:56.080 --> 01:08:00.080]  And I can still do this even with a trial date set?
[01:08:00.080 --> 01:08:13.080]  Yeah. Trial date stops if you file a mandamus. You filed with the court. Okay. Go ahead, Olivia. You had something to say?
[01:08:13.080 --> 01:08:22.080]  Yeah. When she filed this mandamus, is it going to be filed in the trial court?
[01:08:22.080 --> 01:08:23.080]  No.
[01:08:23.080 --> 01:08:28.080]  A document is going to be filed in the trial court, like a notice to mandamus?
[01:08:28.080 --> 01:08:42.080]  No, no, no, no. A mandamus would go to the court of appeals because you're asking the court of appeals to order the trial court to do something that the law commands it to do.
[01:08:42.080 --> 01:08:58.080]  No, we understand that. But to get the process going, does she notice the clerk in the trial court that she's filing a mandamus on this case to send it to the appeals court or send it directly to the appeals court?
[01:08:58.080 --> 01:09:07.080]  Yes. The trial court would get a copy of it. And that's their notice.
[01:09:07.080 --> 01:09:15.080]  Because that's what I did in Superior Court with the judge. I'm telling him exactly that.
[01:09:15.080 --> 01:09:22.080]  Yeah, but it don't help to tell that judge it needs to go to the court of appeals.
[01:09:22.080 --> 01:09:24.080]  Okay. That's just what...
[01:09:24.080 --> 01:09:43.080]  In most states, look in Washington state and find out where a interlocutory appeal or a mandamus would be filed. You're in family court. From family court, where do I file a writ of mandamus?
[01:09:43.080 --> 01:09:44.080]  Okay.
[01:09:44.080 --> 01:09:52.080]  Just Google it. You'll get right on it. Matter of fact, I was doing that as we speak.
[01:09:52.080 --> 01:09:54.080]  Okay.
[01:09:54.080 --> 01:10:10.080]  What you said is the quickest way, because she's already engaged in the process of this litigation. What you said would be the quickest way and the right way to address it.
[01:10:10.080 --> 01:10:35.080]  If she was thinking about using the declaratory judgment, I think what that would do, if she lists all of them plus the county and everybody, it would remove those magistrates off the case if they process it properly, if they process them as a defendant.
[01:10:35.080 --> 01:10:52.080]  It would remove them off the case and then put, I guess, pressure or notice on the next set of magistrates that they assign to the case. That would cause pressure or basically cause them stress.
[01:10:52.080 --> 01:11:09.080]  But what you said would be the quickest way, because she's already in the battle. The declaratory judgment would take a longer route and cause them more stress.
[01:11:09.080 --> 01:11:22.080]  Exactly. Here, this is there in case the trial court makes a screw up.
[01:11:22.080 --> 01:11:23.080]  Okay.
[01:11:23.080 --> 01:11:29.080]  Before there's a final adjudication in the case.
[01:11:29.080 --> 01:11:34.080]  Okay.
[01:11:34.080 --> 01:11:45.080]  Rule 21. Let me check to make sure this is Washington, but it's mandamus.
[01:11:45.080 --> 01:11:51.080]  Mine's taking a while to load, but just do a search for mandamus Washington state.
[01:11:51.080 --> 01:11:56.080]  That'll tell you about it. This has got an error.
[01:11:56.080 --> 01:12:01.080]  Okay.
[01:12:01.080 --> 01:12:14.080]  Yeah, it gives a whole bunch on here.
[01:12:14.080 --> 01:12:19.080]  Okay.
[01:12:19.080 --> 01:12:31.080]  She called the appellate clerics. They usually walk you right through it. Mine have been very communicative with things of that nature.
[01:12:31.080 --> 01:12:50.080]  Mine commit crimes. They conspire with lawyers and just do whatever they want.
[01:12:50.080 --> 01:13:02.080]  Superior. Yes, of course. I have the evidence of tampering.
[01:13:02.080 --> 01:13:08.080]  Is the superior in the appellate court the same thing in Washington?
[01:13:08.080 --> 01:13:09.080]  No.
[01:13:09.080 --> 01:13:13.080]  Over here, they're different.
[01:13:13.080 --> 01:13:22.080]  The superior court in Washington is going to be the same as the district court in most states. That's the court that will hear felonies.
[01:13:22.080 --> 01:13:34.080]  And civil suits over set them out like in Texas over $75,000, it goes to the district court.
[01:13:34.080 --> 01:13:42.080]  And family law is always in the district court.
[01:13:42.080 --> 01:13:50.080]  We're not in the district court with family. There is a difference. There's a separate district and a separate junior.
[01:13:50.080 --> 01:13:57.080]  Texas has a separate family court, but they're district court level.
[01:13:57.080 --> 01:14:13.080]  You have inferior courts, you only have county courts that handle misdemeanors, and you have either district or superior courts that handles felonies and higher level lawsuits and family.
[01:14:13.080 --> 01:14:15.080]  Okay.
[01:14:15.080 --> 01:14:28.080]  It's just a higher level court. From either the county or the district or superior, it will always appeal to the court of appeals.
[01:14:28.080 --> 01:14:48.080]  From an inferior court, a JP or municipal, you appeal to the first superior court, and that's not the name of the court, but the first court that is ruled over by an elected judge who is also a lawyer.
[01:14:48.080 --> 01:14:58.080]  JP's and municipal judges can be lawyers, but they don't have to be. They can be ruled over by a non-lawyer, that's why they call them inferior.
[01:14:58.080 --> 01:15:07.080]  Then you go to the county court, that has to be ruled over by a judge who's a lawyer. And the next one up, if you call it district or superior, that one also.
[01:15:07.080 --> 01:15:14.080]  Those second two, they both appeal to the court of appeals.
[01:15:14.080 --> 01:15:19.080]  So you're in a family court, it's absolutely going to appeal to the court of appeals.
[01:15:19.080 --> 01:15:22.080]  Okay.
[01:15:22.080 --> 01:15:27.080]  And that's where you would file your mandamus.
[01:15:27.080 --> 01:15:30.080]  Okay.
[01:15:30.080 --> 01:15:46.080]  You're going to have to give them a brief, give them all the facts and all the laws that applies to the facts, and you're likely to get a much better reading from the court of appeals than you will the trial court.
[01:15:46.080 --> 01:15:48.080]  Okay.
[01:15:48.080 --> 01:15:56.080]  Do you have any other questions for us?
[01:15:56.080 --> 01:16:01.080]  I don't think so.
[01:16:01.080 --> 01:16:02.080]  I don't think so.
[01:16:02.080 --> 01:16:04.080]  Okay.
[01:16:04.080 --> 01:16:05.080]  Okay.
[01:16:05.080 --> 01:16:12.080]  Thank you, Hannah and Olivier, do you have anything else for us?
[01:16:12.080 --> 01:16:14.080]  No.
[01:16:14.080 --> 01:16:17.080]  And thank you for hanging on.
[01:16:17.080 --> 01:16:18.080]  All right.
[01:16:18.080 --> 01:16:20.080]  It's good hearing from you again.
[01:16:20.080 --> 01:16:21.080]  All right.
[01:16:21.080 --> 01:16:23.080]  Have a nice evening.
[01:16:23.080 --> 01:16:28.080]  Okay, now we're going to go to EJ in California.
[01:16:28.080 --> 01:16:31.080]  Hello, EJ.
[01:16:31.080 --> 01:16:34.080]  Good evening.
[01:16:34.080 --> 01:16:35.080]  Hold on.
[01:16:35.080 --> 01:16:38.080]  We're about to go to our sponsors.
[01:16:38.080 --> 01:16:41.080]  This is Randy Kelton, Brett Fountain, Rue La Radio.
[01:16:41.080 --> 01:16:43.080]  I'm not going to give out the call-in.
[01:16:43.080 --> 01:16:44.080]  Oh, wait.
[01:16:44.080 --> 01:16:49.080]  We've got two dropping off, so we'll have room on the board here shortly.
[01:16:49.080 --> 01:16:54.080]  Our call-in number, 512-646-1984.
[01:16:54.080 --> 01:17:00.080]  We'll be right back.
[01:17:00.080 --> 01:17:05.080]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:49.080 --> 01:18:00.080]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:18:00.080 --> 01:18:01.080]  I love logos.
[01:18:01.080 --> 01:18:04.080]  Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.080 --> 01:18:07.080]  I'm so addicted to the truth now that there's no going back.
[01:18:07.080 --> 01:18:08.080]  I need my truth pick.
[01:18:08.080 --> 01:18:13.080]  I'd be lost without logos, and I really want to help keep this network on the air.
[01:18:13.080 --> 01:18:16.080]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite,
[01:18:16.080 --> 01:18:20.080]  and I really don't have any money to give because I spent it all on supplements.
[01:18:20.080 --> 01:18:22.080]  How can I help logos?
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[01:18:24.080 --> 01:18:29.080]  Whenever you order anything from Amazon, you can help logos by ordering your supplies or holiday gifts.
[01:18:29.080 --> 01:18:31.080]  First thing you do is clear your cookies.
[01:18:31.080 --> 01:18:34.080]  Now, go to logosradio.network.com.
[01:18:34.080 --> 01:18:37.080]  Click on the Amazon logo and bookmark it.
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[01:18:43.080 --> 01:18:44.080]  Do I pay extra?
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[01:18:45.080 --> 01:18:47.080]  Do I have to do anything different when I order?
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[01:18:48.080 --> 01:18:49.080]  Can I use my Amazon Prime?
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[01:18:50.080 --> 01:18:51.080]  I mean, yes.
[01:18:51.080 --> 01:18:52.080]  Wow.
[01:18:52.080 --> 01:18:54.080]  Giving without doing anything or spending any money.
[01:18:54.080 --> 01:18:55.080]  This is perfect.
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[01:18:58.080 --> 01:19:00.080]  Happy holidays, logos.
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[01:20:00.080 --> 01:20:20.080]  Okay.
[01:20:20.080 --> 01:20:21.080]  We are back.
[01:20:21.080 --> 01:20:26.080]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to EJ in California.
[01:20:26.080 --> 01:20:27.080]  Okay.
[01:20:27.080 --> 01:20:28.080]  Go ahead, EJ.
[01:20:28.080 --> 01:20:30.080]  Oops, hold on.
[01:20:30.080 --> 01:20:33.080]  Now, go ahead.
[01:20:33.080 --> 01:20:34.080]  Hi.
[01:20:34.080 --> 01:20:39.080]  I have a question regarding subpoenas.
[01:20:39.080 --> 01:20:50.080]  I'd like to subpoena the actual police report on lead access so I can get the defendant,
[01:20:50.080 --> 01:21:02.080]  they call it identifiers, you know, possible birthday or phone number or an address because
[01:21:02.080 --> 01:21:17.080]  I need to serve him with the paperwork because I'm suing him in the hospital.
[01:21:17.080 --> 01:21:19.080]  I already served the hospital yesterday.
[01:21:19.080 --> 01:21:20.080]  Okay.
[01:21:20.080 --> 01:21:27.080]  The one you're serving in the hospital, is that a hospital employee?
[01:21:27.080 --> 01:21:31.080]  He used to be.
[01:21:31.080 --> 01:21:38.080]  And now at the main hospital, they said there's no one by that name.
[01:21:38.080 --> 01:21:40.080]  Okay.
[01:21:40.080 --> 01:21:48.080]  Probably easiest and quickest would be to get a private investigator located.
[01:21:48.080 --> 01:21:52.080]  They generally do that for about 50 bucks.
[01:21:52.080 --> 01:21:53.080]  Oh, really?
[01:21:53.080 --> 01:21:54.080]  Yeah.
[01:21:54.080 --> 01:21:55.080]  Because they said...
[01:21:55.080 --> 01:22:00.080]  They got access to computers we don't get access to.
[01:22:00.080 --> 01:22:03.080]  That's what the PI's license is for.
[01:22:03.080 --> 01:22:12.080]  The only reason to have a PI license is so you can access data that ordinary people can't get to.
[01:22:12.080 --> 01:22:22.080]  And the only PI is a due location for your skip trace for about 50, 75 bucks.
[01:22:22.080 --> 01:22:23.080]  Okay.
[01:22:23.080 --> 01:22:31.080]  So skip tracing would be another way of trying to track him down?
[01:22:31.080 --> 01:22:32.080]  Yes.
[01:22:32.080 --> 01:22:38.080]  Okay.
[01:22:38.080 --> 01:22:51.080]  So filing a subpoena with the police to get the police report unredacted, that would be a second way of getting the...
[01:22:51.080 --> 01:22:53.080]  You may not be able to...
[01:22:53.080 --> 01:22:55.080]  Well, that's under discovery.
[01:22:55.080 --> 01:23:00.080]  That'll take longer because you'll file it, they'll object to it, no matter what.
[01:23:00.080 --> 01:23:07.080]  And then you'll have to set a hearing and ask the judge to order discovery.
[01:23:07.080 --> 01:23:12.080]  And the other side will file an objection and the judge will rule against you.
[01:23:12.080 --> 01:23:15.080]  And then you'll have to appeal it and on and on and on.
[01:23:15.080 --> 01:23:17.080]  You don't have to go see all that.
[01:23:17.080 --> 01:23:18.080]  Just get a PI.
[01:23:18.080 --> 01:23:20.080]  He can find him.
[01:23:20.080 --> 01:23:21.080]  Okay.
[01:23:21.080 --> 01:23:24.080]  I will do that.
[01:23:24.080 --> 01:23:29.080]  In this day and time, it's really hard to hide.
[01:23:29.080 --> 01:23:30.080]  Really?
[01:23:30.080 --> 01:23:39.080]  There's a general face on the name and there's no one in the state of California around his age.
[01:23:39.080 --> 01:23:43.080]  I couldn't find anyone.
[01:23:43.080 --> 01:23:49.080]  If a private investigator has access to computers, you don't.
[01:23:49.080 --> 01:23:51.080]  Okay.
[01:23:51.080 --> 01:23:55.080]  So if you don't have a PI, send me an email.
[01:23:55.080 --> 01:23:59.080]  I've got one I can send it to, Joe Esquivel.
[01:23:59.080 --> 01:24:06.080]  He used to be a host on this radio network.
[01:24:06.080 --> 01:24:12.080]  But if you can't find one, look at Joe and he can get on his computer.
[01:24:12.080 --> 01:24:18.080]  The guy has got utilities anywhere if he's got anything.
[01:24:18.080 --> 01:24:20.080]  He'll find them.
[01:24:20.080 --> 01:24:23.080]  In these days, we leave tracks all over.
[01:24:23.080 --> 01:24:27.080]  We have these people trying to preserve their privacy.
[01:24:27.080 --> 01:24:33.080]  And I have to tell them, guys, that horse got out of the barn about 20 years ago.
[01:24:33.080 --> 01:24:37.080]  You are just a little bit late for that.
[01:24:37.080 --> 01:24:41.080]  So he is hard to hide.
[01:24:41.080 --> 01:24:43.080]  Okay.
[01:24:43.080 --> 01:24:47.080]  Anything else for us?
[01:24:47.080 --> 01:24:54.080]  For the 1983 suit, those are just for the government officials, right?
[01:24:54.080 --> 01:24:55.080]  Exactly.
[01:24:55.080 --> 01:24:56.080]  What about the private individual?
[01:24:56.080 --> 01:25:09.080]  The only time you can name a private individual in a 1983 suit is if they have acted under the color or pretense of an official capacity.
[01:25:09.080 --> 01:25:25.080]  If a sheriff deputizes a citizen and that citizen does something improper, you can include them in a 1983 suit.
[01:25:25.080 --> 01:25:27.080]  But otherwise, you can sue them directly.
[01:25:27.080 --> 01:25:41.080]  1983 is a special provision that allows you specifically to sue public officials or anyone acting under the color of any official capacity.
[01:25:41.080 --> 01:25:43.080]  Does that make sense?
[01:25:43.080 --> 01:25:49.080]  Yes, it can be official or individual capacity.
[01:25:49.080 --> 01:26:06.080]  You can't sue a public official in his individual capacity if he was acting under the color or pretense of his official capacity.
[01:26:06.080 --> 01:26:21.080]  But if someone didn't have an official capacity and they acted like they did, you can sue them in either their individual, you can sue them either in standard civil court or under 1983.
[01:26:21.080 --> 01:26:37.080]  But 1983 wouldn't be necessary in that case because you can sue them anyway if they're not a public official and they're not acting under the direction and control of a public official.
[01:26:37.080 --> 01:26:42.080]  Does that make sense?
[01:26:42.080 --> 01:27:01.080]  No, I need to re-hear this so I'll go back and re-listen to what you're saying. It's so kind of unclear because on the state level, I'm seeing the hospital and the security guard.
[01:27:01.080 --> 01:27:10.080]  The hospital would have to – is it a private hospital or is it a state hospital?
[01:27:10.080 --> 01:27:14.080]  It's a private, private non-public hospital.
[01:27:14.080 --> 01:27:26.080]  Okay, the person you're suing, were they a security guard or a police officer?
[01:27:26.080 --> 01:27:32.080]  The security guard, possibly maybe under a contractor.
[01:27:32.080 --> 01:27:38.080]  Yeah, I don't think you're going – you don't need 1983 for this.
[01:27:38.080 --> 01:27:46.080]  A police officer, yes, but a security guard, no.
[01:27:46.080 --> 01:27:47.080]  Okay.
[01:27:47.080 --> 01:27:51.080]  Yeah, the security guard doesn't have any immunity.
[01:27:51.080 --> 01:28:07.080]  The security guard in his day job may be a police officer and there he would have immunity, but when he clocks in as a security guard, his immunity goes away.
[01:28:07.080 --> 01:28:12.080]  Oh, then what about the – are they –
[01:28:12.080 --> 01:28:27.080]  No, wait a minute. Come on, come on, come on. You can do this all night. If he is a public official, you have to use 1983. If he is not a public official, you can't use 1983. You don't need it.
[01:28:27.080 --> 01:28:29.080]  Okay, got it. Okay.
[01:28:29.080 --> 01:28:32.080]  That's it. This is that clear.
[01:28:32.080 --> 01:28:35.080]  Okay, I got it.
[01:28:35.080 --> 01:28:38.080]  Okay, anything else for us?
[01:28:38.080 --> 01:28:40.080]  No, that's it. Thank you.
[01:28:40.080 --> 01:28:58.080]  Okay, thank you, EJ. Now we're going to Charles and George – oh, wait a minute. We had Iona in Roladon. She was on earlier and dropped off and got back on. Hello, Iona.
[01:28:58.080 --> 01:29:03.080]  All right, Iona, are you there?
[01:29:03.080 --> 01:29:18.080]  Okay, looks like she may have – something may have dropped in her line. Okay, we're going to Charles and Georgia. Hello, Charles. What do you have for us today?
[01:29:18.080 --> 01:29:24.080]  Well, that doesn't look so good.
[01:29:24.080 --> 01:29:25.080]  Okay, let me open them both.
[01:29:25.080 --> 01:29:27.080]  I'll give you either one of them.
[01:29:27.080 --> 01:29:34.080]  Yes. Iona, are you there?
[01:29:34.080 --> 01:29:36.080]  Okay, looks like we've lost.
[01:29:36.080 --> 01:29:37.080]  Hello.
[01:29:37.080 --> 01:29:38.080]  There we go.
[01:29:38.080 --> 01:29:40.080]  Yes.
[01:29:40.080 --> 01:29:46.080]  Okay, what do you have for us today?
[01:29:46.080 --> 01:30:01.080]  Well, last time you had told me the copies of the case that I was telling you about, and because we were not sure if my lawyer was being honest or not.
[01:30:01.080 --> 01:30:16.080]  A top cybersecurity expert has a warning for America. If you build an electrical smart grid, the hackers will come, and they could cause a catastrophic blackout. I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
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[01:30:45.080 --> 01:30:59.080]  Governments love power, so it's only natural they'd want to control the power going into your home, too, with a smart grid. So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure.
[01:30:59.080 --> 01:31:23.080]  But cybersecurity expert David Chalk says not so fast. If we make the national power grid controllable through the web, hackers will have a field day. Working remotely, they could tap in and black out the entire nation, leaving us vulnerable to our enemies. I've long opposed smart meters for privacy and health reasons. The catastrophic failures caused by hackers? There's nothing smart about that.
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[01:32:01.080 --> 01:32:20.080]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar. In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society, then we're going to have to stand and defend our own rights. Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law.
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[01:33:02.080 --> 01:33:12.080]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:32.080 --> 01:33:56.080]  Okay, we are back.
[01:33:56.080 --> 01:34:07.080]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Iona from Rhode Island. I went through your emails.
[01:34:07.080 --> 01:34:11.080]  I don't have anything on the case.
[01:34:11.080 --> 01:34:15.080]  You just sent me your communications with the lawyer.
[01:34:15.080 --> 01:34:38.080]  Yeah, that was because I just got the case. My sister went to go pick it up, and it's actually a lot of paper here, and I'm wondering exactly, like, should I send it all in the mail, or do you only need certain parts of it because it's a huge amount of paper?
[01:34:38.080 --> 01:34:43.080]  Don't send any of it in the mail.
[01:34:43.080 --> 01:34:52.080]  All of the documents that have court headings on them, scan those and send them to me.
[01:34:52.080 --> 01:35:13.080]  Okay, and then there was a trust put in there that was built for me, and, you know, I never really 100% wanted agreed to doing it. Does that mean that I have to take that trust that was built?
[01:35:13.080 --> 01:35:20.080]  I don't know. I have to see the documentation, see what the nature of the trust is.
[01:35:20.080 --> 01:35:32.080]  Okay, yeah, yeah, and then the other thing is that I wrote a little timeline of what happened between the time I requested the copies.
[01:35:32.080 --> 01:35:35.080]  No, no, no, that's not helpful.
[01:35:35.080 --> 01:35:43.080]  In order to speak to this case at all, I need to see the documents that were filed in the court.
[01:35:43.080 --> 01:35:49.080]  I don't need to see exhibits, just the motions and pleadings.
[01:35:49.080 --> 01:35:54.080]  Okay. And those would be the ones with court headings on them.
[01:35:54.080 --> 01:35:59.080]  Okay, I will look through it. Yep, one that says Superior Court, things like that.
[01:35:59.080 --> 01:36:02.080]  Yes.
[01:36:02.080 --> 01:36:07.080]  And then you would want the whole packet of it.
[01:36:07.080 --> 01:36:15.080]  Just the court documents. You can take all of them, and do you have a scanner?
[01:36:15.080 --> 01:36:23.080]  Yeah, I do, I do. Some of them are quite thick, you know, like, for instance, I just picked up one, and it says entry and withdrawal of appearance,
[01:36:23.080 --> 01:36:30.080]  and it's about, like, this is just one section, and it's about, like, 40, 30 pages.
[01:36:30.080 --> 01:36:40.080]  Well, no, look at the documents. It will have the motion or pleading in the front, and then behind that will be exhibits.
[01:36:40.080 --> 01:36:47.080]  So only give me the motions or pleadings and not the exhibits.
[01:36:47.080 --> 01:36:54.080]  Your motion is probably going to be a couple of pages, and the rest of it are exhibits.
[01:36:54.080 --> 01:36:56.080]  Oh, okay.
[01:36:56.080 --> 01:37:03.080]  So only the motion and pleading, you know, up to the point where the lawyer signs it or the judge signs it.
[01:37:03.080 --> 01:37:08.080]  Everything below that are attachments. I don't need those.
[01:37:08.080 --> 01:37:12.080]  Yeah, this is just, like, actually half of it is just medical providers. You're right.
[01:37:12.080 --> 01:37:16.080]  So now I just have to go through and find the motions and pleadings in this other pile.
[01:37:16.080 --> 01:37:17.080]  Okay.
[01:37:17.080 --> 01:37:21.080]  Okay, get those to me, and then call us next week.
[01:37:21.080 --> 01:37:23.080]  Thank you.
[01:37:23.080 --> 01:37:33.080]  You are welcome. Okay, now we're going to Charles in Georgia. Hello, Charles.
[01:37:33.080 --> 01:37:36.080]  Charles?
[01:37:36.080 --> 01:37:40.080]  I think we put Charles to sleep.
[01:37:40.080 --> 01:37:44.080]  I have that effect on people when I'm talking.
[01:37:44.080 --> 01:37:51.080]  We seem to be having a lot of audio tonight with people that are connecting.
[01:37:51.080 --> 01:37:54.080]  At least he's not snoring.
[01:37:54.080 --> 01:37:56.080]  We did have that one time.
[01:37:56.080 --> 01:38:00.080]  Yeah, we did. That was funny. It turned out to be a woman.
[01:38:00.080 --> 01:38:07.080]  We had great fun at her expense.
[01:38:07.080 --> 01:38:18.080]  Okay, since we're out of callers, we have one and a half segments left.
[01:38:18.080 --> 01:38:21.080]  Is that right? Yeah, one and a half segments left.
[01:38:21.080 --> 01:38:27.080]  Okay, Brett, say something intelligent and insightful and entertaining.
[01:38:27.080 --> 01:38:30.080]  Well, shall I start singing?
[01:38:30.080 --> 01:38:38.080]  Oh, no, no, and don't go into that linguistic thing either.
[01:38:38.080 --> 01:38:41.080]  He'll tell you about the Hebrew words that are apocopated.
[01:38:41.080 --> 01:38:44.080]  Yeah, that one. That was what I was talking about.
[01:38:44.080 --> 01:38:55.080]  Okay, let me go back to talking about the criminal complaints that I'm filing.
[01:38:55.080 --> 01:39:00.080]  In the process of trying to get the system set up,
[01:39:00.080 --> 01:39:05.080]  Tina Cobruk filed complaints with the Travis County District Attorney,
[01:39:05.080 --> 01:39:09.080]  and he decided he didn't have jurisdiction.
[01:39:09.080 --> 01:39:19.080]  So I prepared a complaint against the District Attorney for exercising prosecutorial discretion.
[01:39:19.080 --> 01:39:26.080]  This issue that I've had for 30 years of when officers arrest someone,
[01:39:26.080 --> 01:39:31.080]  they're required to take them to the nearest magistrate, but to take them to jail instead.
[01:39:31.080 --> 01:39:41.080]  So the reason prosecutors have advised the police to do that is because the prosecutor feels like
[01:39:41.080 --> 01:39:45.080]  since he's the one that has to prosecute the case,
[01:39:45.080 --> 01:39:50.080]  he should be the one to make a determination of the cause,
[01:39:50.080 --> 01:39:58.080]  a determination of whether or not there was sufficient evidence to take the person to trial.
[01:39:58.080 --> 01:40:09.080]  Well, our founders knew that prosecutors wanted to do that and absolutely forbade them to.
[01:40:09.080 --> 01:40:13.080]  They understood the problems with that.
[01:40:13.080 --> 01:40:21.080]  Well, over time, our legislators, in their infinite wisdom,
[01:40:21.080 --> 01:40:31.080]  decided that the police and inferior courts, justices of the peace, needed a source of legal advice.
[01:40:31.080 --> 01:40:37.080]  And since we have prosecuting attorneys in public employ already,
[01:40:37.080 --> 01:40:45.080]  they decided it would be a good idea to have them give legal advice to the police and the lower courts.
[01:40:45.080 --> 01:40:49.080]  But it was a horrible idea.
[01:40:49.080 --> 01:40:59.080]  It was an idea that was bound to lead to exactly the disaster we now experience.
[01:40:59.080 --> 01:41:07.080]  Do you really expect a prosecuting attorney to advise the police and lower courts in practices and procedures
[01:41:07.080 --> 01:41:11.080]  that would make their lives a living hell?
[01:41:11.080 --> 01:41:15.080]  Now, I'm not saying prosecutors did this on purpose,
[01:41:15.080 --> 01:41:24.080]  but just over the last 30 years through a series of seemingly minor adjustments
[01:41:24.080 --> 01:41:30.080]  toward adjudicative expediency and administrative convenience,
[01:41:30.080 --> 01:41:42.080]  they have adjusted the procedures so that the practice looks absolutely nothing like the law.
[01:41:42.080 --> 01:41:51.080]  Give me any arrest, I'll give you 19 felony and misdemeanor charges against everybody involved.
[01:41:51.080 --> 01:41:55.080]  They do everything wrong.
[01:41:55.080 --> 01:42:05.080]  And it's done in order to put people in a position such that no matter what they're charged with,
[01:42:05.080 --> 01:42:08.080]  guilty or innocent, it doesn't make any difference.
[01:42:08.080 --> 01:42:11.080]  They're going to make a deal.
[01:42:11.080 --> 01:42:13.080]  And they did a good job at that because they-
[01:42:13.080 --> 01:42:15.080]  Yeah, it's worked out very well for them.
[01:42:15.080 --> 01:42:17.080]  Exactly.
[01:42:17.080 --> 01:42:18.080]  Average conviction-
[01:42:18.080 --> 01:42:19.080]  They're efficient.
[01:42:19.080 --> 01:42:29.080]  Yeah, average conviction rate, all crimes across the board in the state of Texas, 99.6.
[01:42:29.080 --> 01:42:34.080]  Worst police state the world has ever seen.
[01:42:34.080 --> 01:42:42.080]  You get accused of a crime, you're going to take a deal or you're going to get convicted.
[01:42:42.080 --> 01:42:46.080]  The numbers round up to 100.
[01:42:46.080 --> 01:42:55.080]  And it's because they eliminated a provision put in law in 1215 A.D.
[01:42:55.080 --> 01:43:00.080]  on the signing of the first Magna Carta libertatum.
[01:43:00.080 --> 01:43:08.080]  And that provision was that if a sheriff arrests a freeman for any reason,
[01:43:08.080 --> 01:43:15.080]  he is to take him directly to the nearest magistrate and explain himself.
[01:43:15.080 --> 01:43:18.080]  It wasn't because they didn't trust the police.
[01:43:18.080 --> 01:43:25.080]  It was because they didn't want the public to feel that the police could arrest and imprison.
[01:43:25.080 --> 01:43:32.080]  They wanted the JP, the magistrate, to hold the key to the jailhouse door.
[01:43:32.080 --> 01:43:37.080]  That doesn't happen anymore and I'm doing everything I can to fix it.
[01:43:37.080 --> 01:43:42.080]  I'll go back into that when we come back on the other side.
[01:43:42.080 --> 01:43:45.080]  This is Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:43:45.080 --> 01:43:53.080]  I'm not going to give out the call-in numbers as I only have one segment left
[01:43:53.080 --> 01:43:57.080]  and I will use up that segment with this issue.
[01:43:57.080 --> 01:44:00.080]  We'll be right back.
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[01:46:24.080 --> 01:46:51.080]  The people come down from the hill
[01:46:51.080 --> 01:47:05.080]  Into the city they will shuffle
[01:47:05.080 --> 01:47:13.080]  Many long nights, many strong thrills
[01:47:13.080 --> 01:47:19.080]  Land of comfort, land of scuffle
[01:47:19.080 --> 01:47:28.080]  It's hard to lose, and it's hard to hold
[01:47:28.080 --> 01:47:50.080]  Far back as they remember, they've been told
[01:47:58.080 --> 01:48:01.080]  Looking at the legal system
[01:48:01.080 --> 01:48:07.080]  I spent a night in jail in 1981 for driving with a headlight out.
[01:48:07.080 --> 01:48:13.080]  And when I got out, I got out the, you know, what happened to me didn't seem right.
[01:48:13.080 --> 01:48:18.080]  So I got out the penal code and code of criminal procedure for Texas and I read them.
[01:48:18.080 --> 01:48:26.080]  And then I looked at the practice and I thought, have I stepped through the looking glass?
[01:48:26.080 --> 01:48:33.080]  How could the practice be so dramatically different than the code?
[01:48:33.080 --> 01:48:38.080]  And I spent 15 years studying to try to figure out what I had missed.
[01:48:38.080 --> 01:48:42.080]  And it finally became clear I hadn't missed a thing.
[01:48:42.080 --> 01:48:45.080]  Everything is really, really screwed up.
[01:48:45.080 --> 01:48:52.080]  And then it took another 15 years to figure out how to fix it.
[01:48:52.080 --> 01:48:56.080]  And I think I'm on it.
[01:48:56.080 --> 01:49:03.080]  I'm trying to push the system into a position to where every time a policeman arrests someone,
[01:49:03.080 --> 01:49:12.080]  they get on the cell phone or they get on their internal computer and they contact the magistrate.
[01:49:12.080 --> 01:49:18.080]  And the magistrate can hold an electronic examining trial, that's in law now.
[01:49:18.080 --> 01:49:24.080]  And get permission from the magistrate to take the person to jail.
[01:49:24.080 --> 01:49:30.080]  Instead of just taking them to jail and letting the prosecutor handle them.
[01:49:30.080 --> 01:49:33.080]  The prosecutor will not do an examining trial.
[01:49:33.080 --> 01:49:36.080]  He won't examine into the sufficiency of the allegation.
[01:49:36.080 --> 01:49:42.080]  He doesn't care because he knows he can hold you.
[01:49:42.080 --> 01:49:47.080]  If you can't make bail, he can hold you until you make a deal.
[01:49:47.080 --> 01:49:53.080]  If you can make bail, he'll keep calling you back to court every month or so.
[01:49:53.080 --> 01:49:57.080]  And offer you a deal when you don't give him money to send you home.
[01:49:57.080 --> 01:49:59.080]  Until you make a deal.
[01:49:59.080 --> 01:50:06.080]  Until the pressure of this criminal charge hanging over your head becomes so oppressive you'll make a deal.
[01:50:06.080 --> 01:50:10.080]  99.6 do.
[01:50:10.080 --> 01:50:14.080]  This way he doesn't have to adjudicate these cases.
[01:50:14.080 --> 01:50:22.080]  Well, in doing that, he has increased the pretrial incarceration rate.
[01:50:22.080 --> 01:50:36.080]  To the point that Texas, with a budget of $3.4 billion, pays $1.4 billion in 2020 for pretrial incarceration.
[01:50:36.080 --> 01:50:39.080]  Half their budget.
[01:50:39.080 --> 01:50:42.080]  That is insane.
[01:50:42.080 --> 01:50:49.080]  It's half their budget because they also paid $280 million for court-appointed counsel.
[01:50:49.080 --> 01:50:52.080]  So that prosecutors don't have to do their job.
[01:50:52.080 --> 01:50:59.080]  They're costing the taxpayers $1.4 billion a year.
[01:50:59.080 --> 01:51:03.080]  And the incarceration rate is 99.6.
[01:51:03.080 --> 01:51:16.080]  If you go on the web and do a search for incarceration rates versus population, I'm sorry, incarceration rate for the last 50 years.
[01:51:16.080 --> 01:51:30.080]  In the 1990s, I'm sorry, 1970s, incarceration rate and population increased at almost exactly the same rate.
[01:51:30.080 --> 01:51:49.080]  And then in, it was 1976, I'm sorry, it's 1970 that the, what decision was that that said that in a matter of, in misdemeanor you don't have a right to examine a toy case.
[01:51:49.080 --> 01:51:53.080]  It was a nonsense ruling.
[01:51:53.080 --> 01:52:06.080]  But after that, they stopped taking people to a magistrate. If you look at the incarceration rate in 1976, it crossed the population rate.
[01:52:06.080 --> 01:52:15.080]  Population rate has been increasing because more people have moved to Texas, but the incarceration rate is absolutely insane.
[01:52:15.080 --> 01:52:27.080]  Right now, the increase in pretrial incarceration is almost vertical. I'm sorry, in incarceration rate in jails is almost vertical.
[01:52:27.080 --> 01:52:35.080]  It is absolutely, totally out of control. It's going to bankrupt the nation.
[01:52:35.080 --> 01:52:43.080]  China incarcerates approximately 121 persons per 100,000.
[01:52:43.080 --> 01:52:51.080]  Russia, 327. The United States, 650 something.
[01:52:51.080 --> 01:53:03.080]  Texas, 750. Right now, the only state that's more than that is, used to be Oklahoma and Louisiana.
[01:53:03.080 --> 01:53:10.080]  Now it's only Louisiana. But then Louisiana, that's a whole other country.
[01:53:10.080 --> 01:53:16.080]  We have the worst police state the United States of the world has ever seen.
[01:53:16.080 --> 01:53:23.080]  And it's because of these minor changes in law had consequences that were not anticipated.
[01:53:23.080 --> 01:53:29.080]  The fix, person gets arrested, they go directly to the magistrate.
[01:53:29.080 --> 01:53:39.080]  So to get that done, I'm working on the prosecutorial discretion of prosecutors.
[01:53:39.080 --> 01:53:49.080]  They're exercising this discretion and they're the ones that's created this mess so they could exercise this discretion.
[01:53:49.080 --> 01:53:57.080]  Without it, they can't maintain this procedure that's pushing our, is creating this mass incarceration.
[01:53:57.080 --> 01:54:06.080]  So what I'm saying is, when Tina filed these criminal complaints with the prosecutorial attorney, he decided that he didn't have jurisdiction.
[01:54:06.080 --> 01:54:12.080]  Well, he was right. On all of them but one.
[01:54:12.080 --> 01:54:23.080]  But that wasn't the issue. Where in the heck did a prosecuting attorney get authority to make that determination?
[01:54:23.080 --> 01:54:32.080]  Our legislators went to great trouble to ensure that a prosecutor never had that authority.
[01:54:32.080 --> 01:54:37.080]  They put that in the hands of magistrates and grand juries.
[01:54:37.080 --> 01:54:43.080]  The Constitution requires an indictment for every criminal complaint.
[01:54:43.080 --> 01:54:48.080]  I think it's section 17, article 1.
[01:54:48.080 --> 01:54:53.080]  It's really, really clear and it's still in law.
[01:54:53.080 --> 01:54:59.080]  But judges decided that that didn't apply anymore. Well, let's see if I can get that fixed.
[01:54:59.080 --> 01:55:14.080]  And right now what I'm doing is I filed criminal charges against the prosecuting attorney with all of the district judges in Travis County.
[01:55:14.080 --> 01:55:30.080]  15.09 Texas Code of Criminal Procedure says, when a complaint is forwarded to a magistrate, the magistrate shall issue a warrant forthwith.
[01:55:30.080 --> 01:55:37.080]  Okay. What part of that is hard to understand?
[01:55:37.080 --> 01:55:40.080]  What part of it is ambiguous?
[01:55:40.080 --> 01:55:44.080]  The law appears to be very clear.
[01:55:44.080 --> 01:55:49.080]  So I filed complaints with these district judges.
[01:55:49.080 --> 01:55:55.080]  They were required by statute to issue a warrant against the DA.
[01:55:55.080 --> 01:55:58.080]  But nobody did.
[01:55:58.080 --> 01:56:16.080]  So now I'm going to go to the Court of Appeals and pick one of the judges, probably the presiding judge, and file criminal charges with that judge against all of the district judges in Travis County.
[01:56:16.080 --> 01:56:30.080]  And when he does an issue a warrant, then I'll file with one of the judges of the Court of Criminal Appeals against the appellate court judge.
[01:56:30.080 --> 01:56:40.080]  And when he refuses, then I'll file with the Court of Criminal Appeals and then with the Supreme.
[01:56:40.080 --> 01:56:48.080]  And they'll all refuse. I've already got criminal complaints against the Chief Justice of the Supreme for not issuing a warrant against the governor.
[01:56:48.080 --> 01:57:06.080]  So once I have established every level of court in Texas is violating 15.09, then it's clear I can't get a ruling in Texas.
[01:57:06.080 --> 01:57:13.080]  So I take them to the feds with a declaratory judgment first.
[01:57:13.080 --> 01:57:20.080]  Criminal complaints against all of them for criminal conspiracy to obstruct justice.
[01:57:20.080 --> 01:57:30.080]  And let's see if we can push these judges off the dime, judges and magistrates off the legal dime.
[01:57:30.080 --> 01:57:33.080]  Get them to do precisely what the law says.
[01:57:33.080 --> 01:57:48.080]  When I go to the feds, I will file a petition for declaratory judgment and ask the fed to rule that when the legislature of Texas
[01:57:48.080 --> 01:57:57.080]  ordered these magistrates to issue warrants forthwith, did they mean what they said?
[01:57:57.080 --> 01:58:11.080]  And if so, are all of these judges acting in concert and collusion one with the other to deprive the citizens of the due course of the law of the state of Texas?
[01:58:11.080 --> 01:58:13.080]  Ouch.
[01:58:13.080 --> 01:58:21.080]  And then I'll file against them under 18 U.S. Code 242.
[01:58:21.080 --> 01:58:33.080]  Now I don't expect to get anybody prosecuted, but maybe I'll pry them off the dime because then I'll come back and sue them in their personal capacity.
[01:58:33.080 --> 01:58:37.080]  I'm hoping we can pry them off the dime and get the magistrates back in place.
[01:58:37.080 --> 01:58:39.080]  It should fix a lot. We are out of time.
[01:58:39.080 --> 01:58:42.080]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:58:42.080 --> 01:58:44.080]  We'll be back next week.
[01:58:44.080 --> 01:58:50.080]  Thank you all for listening and good night.
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