[00:00.000 --> 00:05.500] The Bill of Rights contains the first ten amendments of our Constitution. [00:05.500 --> 00:09.500] They guarantee the specific freedoms Americans should know and protect. [00:09.500 --> 00:11.000] Our liberty depends on it. [00:11.000 --> 00:16.500] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights. [00:16.500 --> 00:18.500] Privacy is under attack. [00:18.500 --> 00:22.000] When you give up data about yourself, you'll never get it back again. [00:22.000 --> 00:26.500] And once your privacy is gone, you'll find your freedoms will start to vanish too. [00:26.500 --> 00:32.000] So protect your rights, say no to surveillance, and keep your information to yourself. [00:32.000 --> 00:34.500] Privacy. It's worth hanging on to. [00:34.500 --> 00:38.000] This public service announcement is brought to you by Startpage.com, [00:38.000 --> 00:42.000] the private search engine alternative to Google, Yahoo, and Bing. [00:42.000 --> 00:45.500] Start over with Startpage. [00:45.500 --> 00:47.500] Spar. It's what fighters do. [00:47.500 --> 00:51.000] It's also how I remember the five guarantees of the First Amendment. [00:51.000 --> 00:54.000] If you plan to take away my rights, I'm going to spar with you. [00:54.000 --> 00:56.500] Spar with an extra P. [00:56.500 --> 01:03.000] S for speech, P for press, another P for petition, A for assembly, and R for religion. [01:03.000 --> 01:08.500] Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion. [01:08.500 --> 01:10.500] But petition for redress is another matter. [01:10.500 --> 01:14.500] We have the right to petition the government for a redress of grievances. [01:14.500 --> 01:17.500] It means that if we're unhappy with what's going on in our government, [01:17.500 --> 01:21.000] we can spell out the reasons without fear of being thrown into jail. [01:21.000 --> 01:30.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:30.500 --> 01:34.500] The Bill of Rights contains the first ten amendments of our Constitution. [01:34.500 --> 01:38.000] They guarantee the specific freedoms Americans should know and protect. [01:38.000 --> 01:39.500] Our liberty depends on it. [01:39.500 --> 01:43.000] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way [01:43.000 --> 01:46.000] to remember one of your constitutional rights. [01:46.000 --> 01:48.000] Privacy is under attack. [01:48.000 --> 01:51.500] When you give up data about yourself, you'll never get it back again. [01:51.500 --> 01:56.500] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:56.500 --> 01:58.000] So protect your rights. [01:58.000 --> 02:01.500] Say no to surveillance and keep your information to yourself. [02:01.500 --> 02:04.000] Privacy, it's worth hanging on to. [02:04.000 --> 02:08.000] This public service announcement is brought to you by StartPage.com, [02:08.000 --> 02:12.000] the private search engine alternative to Google, Yahoo, and Bing. [02:12.000 --> 02:15.500] Start over with StartPage. [02:15.500 --> 02:19.500] When I think of the Second Amendment, I visualize myself wrapping my two arms [02:19.500 --> 02:22.000] around the Bill of Rights in a big old bear hug. [02:22.000 --> 02:26.000] It's how I remember that the Second Amendment guarantees us the right to bear arms, [02:26.000 --> 02:30.500] arms that embrace our freedoms and won't let anyone take them away without a fight. [02:30.500 --> 02:33.500] Get it? Two arms, bear hug, bear arms? [02:33.500 --> 02:37.500] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well [02:37.500 --> 02:38.500] when he said, [02:38.500 --> 02:43.500] The right of the citizens to bear arms is just one guarantee against arbitrary government, [02:43.500 --> 02:47.500] one more safeguard against the tyranny which now appears remote in America, [02:47.500 --> 02:50.500] but which historically has proved to always be possible. [02:50.500 --> 03:16.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [03:16.500 --> 03:20.500] Well, I received my remedy today. [03:20.500 --> 03:24.500] It came in a box just like they say. [03:24.500 --> 03:27.500] I accepted it for value right away. [03:27.500 --> 03:31.500] It's not sooner, not later. [03:31.500 --> 03:36.500] We are originators and the pathway seems to get... [03:36.500 --> 03:38.500] Okay, we are back. [03:38.500 --> 03:46.500] We're at the Kelton-Brett Fountain rule of law radio on this Friday, the 19th day of August, 2022, [03:46.500 --> 03:50.500] and we're talking to Joe in Canada. [03:50.500 --> 03:54.500] Joe, do you have a focus? [03:54.500 --> 04:00.500] Oh, I muted you instead of I'm muting you. There you go. [04:00.500 --> 04:01.500] Yes, I have a focus. [04:01.500 --> 04:03.500] Go ahead. [04:03.500 --> 04:08.500] Like I said, for me truly my focus is just to rough up the courts, right? [04:08.500 --> 04:11.500] And so far it has been working, [04:11.500 --> 04:16.500] but I just don't feel as though I'm getting anywhere because I'm not properly moving the courts right now. [04:16.500 --> 04:18.500] Oh, don't worry about it. [04:18.500 --> 04:24.500] You've already indicated that you're having an effect. [04:24.500 --> 04:27.500] You go somewhere else and they know who you are. [04:27.500 --> 04:34.500] Now, you know, if I get in an altercation with somebody and we're going to go to fisty cuffs [04:34.500 --> 04:37.500] and I've hurt my shoulder, [04:37.500 --> 04:39.500] I'm not going to hold that shoulder in front of him. [04:39.500 --> 04:41.500] Now, see this part right here? [04:41.500 --> 04:42.500] This is really sore. [04:42.500 --> 04:46.500] Don't hit me here. [04:46.500 --> 04:52.500] I'm going to hold that out in front of him and hope he tries to go around it to get to me. [04:52.500 --> 04:53.500] When you beat these guys up, [04:53.500 --> 05:00.500] they're not going to come to you and say, hey, man, you really kicked my behind. [05:00.500 --> 05:03.500] They're going to pretend like nothing's happened. [05:03.500 --> 05:07.500] Then they wind up telling everybody about what you're doing to them. [05:07.500 --> 05:12.500] Judges especially get together once a month, at least here in Texas, [05:12.500 --> 05:17.500] and talk to one another about the stuff they have to deal with. [05:17.500 --> 05:24.500] I put out some documents for traffic and I had a number of people file them, [05:24.500 --> 05:33.500] and then a guy filed one about 400 miles from me down in south Texas, southwest of Houston. [05:33.500 --> 05:35.500] The judge goes into court and he looked at them. [05:35.500 --> 05:37.500] He said, oh, yeah, I heard of these. [05:37.500 --> 05:41.500] These are those sovereign citizen documents. [05:41.500 --> 05:43.500] He knew what they were. [05:43.500 --> 05:45.500] He had never had them filed in his court before. [05:45.500 --> 05:48.500] He had heard about them. [05:48.500 --> 05:50.500] They talked to each other. [05:50.500 --> 05:57.500] So beating up one jurisdiction gets you around to other jurisdictions. [05:57.500 --> 06:00.500] If these guys don't want to be beat up, [06:00.500 --> 06:06.500] they won't change their behavior directly in front of you. [06:06.500 --> 06:09.500] They'll stand up to you and fight against you, [06:09.500 --> 06:12.500] but once you're done beating them up, [06:12.500 --> 06:17.500] they'll get together and say, wow, we don't want that to happen again, [06:17.500 --> 06:22.500] so how do we change our behavior so that doesn't happen anymore? [06:22.500 --> 06:24.500] Does that make sense, Joe? [06:24.500 --> 06:27.500] Yes, and that's kind of my goal. [06:27.500 --> 06:29.500] Keep it up. [06:29.500 --> 06:33.500] I've been doing this for 30 years and nobody has ever come to me [06:33.500 --> 06:37.500] and told me how effective I was. [06:37.500 --> 06:43.500] I did call a lawyer last week, a policeman that I helped keep his job [06:43.500 --> 06:47.500] a few years ago, referred me to this policeman. [06:47.500 --> 06:49.500] I'm sorry, referred me to this lawyer, [06:49.500 --> 06:53.500] and I may bring him on the show for debt collection. [06:53.500 --> 06:56.500] So I called him, and when I called him, [06:56.500 --> 07:04.500] he happened to be sitting in the office of the county judge for Wise County. [07:04.500 --> 07:12.500] And I told him, well, ask the judge if he remembers when I gave him a dime. [07:12.500 --> 07:19.500] The judge was Greg Lowry, someone I've known in the courthouse for a long time, [07:19.500 --> 07:22.500] when he was the county attorney and then district attorney [07:22.500 --> 07:26.500] and then got appointed to county judge. [07:26.500 --> 07:29.500] I went into his office one day and he said, [07:29.500 --> 07:32.500] what were you doing in Wichita Falls? [07:32.500 --> 07:34.500] I said, you know about that? [07:34.500 --> 07:38.500] I said, oh, yeah, I got a call from the district attorney up there. [07:38.500 --> 07:41.500] He wanted to know if you were crazy. [07:41.500 --> 07:43.500] I said, what did you tell him? [07:43.500 --> 07:46.500] Oh, yeah, he's crazy. [07:46.500 --> 07:52.500] But if he tells you what is some law, pay attention to him. [07:52.500 --> 07:55.500] He does his homework. [07:55.500 --> 07:59.500] I said, I'll take that. [07:59.500 --> 08:02.500] Actually, I had two people do that. [08:02.500 --> 08:09.500] But if you are true to your purpose, you will become an influence. [08:09.500 --> 08:13.500] They will change their behavior for two reasons, [08:13.500 --> 08:21.500] one because you beat them up and one because they respect your level of knowledge [08:21.500 --> 08:25.500] and don't want you coming after them. [08:25.500 --> 08:29.500] Every jurisdiction needs someone like that. [08:29.500 --> 08:33.500] And in Canada, it looks like you're it. [08:33.500 --> 08:39.500] So keep it up and keep us up to date on how this is going. [08:39.500 --> 08:42.500] Do you have any other questions or comments for us? [08:42.500 --> 08:44.500] I'm going to let you get to the next caller. [08:44.500 --> 08:46.500] I have one quick question. [08:46.500 --> 08:53.500] When we file a motion, here in our rules of, I think it's the Rules of Criminal Procedure, [08:53.500 --> 08:56.500] our motions are called applications, it seems to be. [08:56.500 --> 09:01.500] Does it matter when I file a motion if I'm calling it a motion or an application, [09:01.500 --> 09:04.500] if the rules state application? [09:04.500 --> 09:13.500] OK, we have a, just talking earlier about a rule of civil procedure. [09:13.500 --> 09:21.500] And generally, rules of criminal procedure are a subset of civil procedure [09:21.500 --> 09:26.500] because everything is not addressed in the rules of criminal procedure. [09:26.500 --> 09:28.500] And when they're not addressed in the rules of criminal procedure, [09:28.500 --> 09:31.500] then you back up to civil procedure. [09:31.500 --> 09:39.500] And in our rules of civil procedure, it has a section on captions. [09:39.500 --> 09:45.500] I was in court with an old-time legal researcher, Robert Fox, [09:45.500 --> 09:51.500] and he had these outrageous names on the motions and pleadings that he filed. [09:51.500 --> 09:56.500] And the court, the judge and the prosecutor were looking at these documents [09:56.500 --> 10:00.500] trying to figure out what they were. [10:00.500 --> 10:03.500] It didn't matter what the title was. [10:03.500 --> 10:12.500] The rules say the motion of pleading shall be ruled on based on its content [10:12.500 --> 10:17.500] that the caption does not control the document. [10:17.500 --> 10:22.500] You know, that's actually kind of genius because typically they don't even read it. [10:22.500 --> 10:25.500] They don't. [10:25.500 --> 10:34.500] They have to really inspect it closely to figure out whether to... [10:34.500 --> 10:37.500] With Robert Fox, it was almost impossible. [10:37.500 --> 10:40.500] They were saying, well, what do we call this, Judge? [10:40.500 --> 10:45.500] And then I had filed four pleadings with the court on his behalf, [10:45.500 --> 10:47.500] and they got to mine and looked at mine and said, [10:47.500 --> 10:51.500] oh, well, we need to set an evolutionary hearing for these [10:51.500 --> 10:54.500] because they knew exactly what mine were. [10:54.500 --> 10:57.500] But in his, they didn't know what they were, [10:57.500 --> 11:01.500] and they're trying to figure out how to characterize the pleading [11:01.500 --> 11:06.500] because the caption was not controlling. [11:06.500 --> 11:09.500] At the end of the day, it doesn't make any difference [11:09.500 --> 11:12.500] what you call a motion or a pleading. [11:12.500 --> 11:18.500] The court must consider the content of the motion or a pleading. [11:18.500 --> 11:20.500] Does that make sense? [11:20.500 --> 11:21.500] Yes. [11:21.500 --> 11:24.500] So the court still has to hear it. [11:24.500 --> 11:30.500] They can't just ignore it because it's called a motion instead of an application. [11:30.500 --> 11:31.500] Absolutely. [11:31.500 --> 11:32.500] Absolutely. [11:32.500 --> 11:33.500] It doesn't matter what you call it. [11:33.500 --> 11:37.500] It is what it is, and the court has to deal with it based on what it is, [11:37.500 --> 11:41.500] not what you captioned it for. [11:41.500 --> 11:44.500] Okay, perfect. [11:44.500 --> 11:46.500] All right, well, and again, like I said a while ago, [11:46.500 --> 11:51.500] I'm assuming Ted is not listening or he's not coming on here. [11:51.500 --> 11:55.500] No, he didn't show up today. [11:55.500 --> 11:56.500] All right. [11:56.500 --> 12:03.500] Frankly, I was so busy doing legal research, I forgot to try to contact him. [12:03.500 --> 12:04.500] All right. [12:04.500 --> 12:08.500] I forgot something first time. [12:08.500 --> 12:10.500] Okay. [12:10.500 --> 12:11.500] Okay, thank you, Joe. [12:11.500 --> 12:12.500] Now we're going to move on. [12:12.500 --> 12:14.500] We've got a whole board full of callers. [12:14.500 --> 12:16.500] Okay, thank you. [12:16.500 --> 12:26.500] Okay, now we're going to go to another first-time caller, 920 Area Code. [12:26.500 --> 12:31.500] If you are in the 920 Area Code, talk to us. [12:31.500 --> 12:34.500] Hey, that's me. [12:34.500 --> 12:35.500] Okay. [12:35.500 --> 12:37.500] Jason, I'm calling from Wisconsin. [12:37.500 --> 12:41.500] Wisconsin, that's what I looked it up. [12:41.500 --> 12:47.500] On the lake side of Wisconsin. [12:47.500 --> 12:48.500] Okay. [12:48.500 --> 12:49.500] Yes, I got it. [12:49.500 --> 12:59.500] I used to live just south of there, so I understand your strange foreign dialect. [12:59.500 --> 13:01.500] Okay. [13:01.500 --> 13:04.500] Give us a first name. [13:04.500 --> 13:05.500] Jason. [13:05.500 --> 13:06.500] Jason, okay. [13:06.500 --> 13:10.500] What do you have for us today? [13:10.500 --> 13:14.500] I got a couple of traffic citations I'm dealing with here. [13:14.500 --> 13:17.500] I got a little timeline here if you want me to read through it quick. [13:17.500 --> 13:19.500] Yes. [13:19.500 --> 13:20.500] All right. [13:20.500 --> 13:24.500] June 1st was my traffic stop. [13:24.500 --> 13:32.500] I issued a citation for no insurance, unsafe cutting while passing, and a warning for speeding. [13:32.500 --> 13:37.500] June 19th, I filed my first open records request with the State Patrol. [13:37.500 --> 13:42.500] I think I've done about three or four of those already here. [13:42.500 --> 13:45.500] July 11th, I sent a not guilty plea in the mail. [13:45.500 --> 13:50.500] I know that was a big mistake, but I guess that's where I am now. [13:50.500 --> 13:54.500] No, but why was that a mistake? [13:54.500 --> 14:01.500] Because shouldn't they have challenged the subject matter jurisdiction before entering a plea? [14:01.500 --> 14:03.500] No, you don't have to do that. [14:03.500 --> 14:09.500] You only have to challenge in personam jurisdiction before entering a plea. [14:09.500 --> 14:11.500] You can change your... [14:11.500 --> 14:13.500] Go ahead. [14:13.500 --> 14:21.500] The subject matter jurisdiction may be challenged at any time no matter how remote in history. [14:21.500 --> 14:22.500] Okay. [14:22.500 --> 14:24.500] And you can also change your plea any time you're ready. [14:24.500 --> 14:31.500] If you feel like changing it, you can go ahead and enter a different one. [14:31.500 --> 14:33.500] Oh, okay. [14:33.500 --> 14:41.500] Yeah, and the reason I was questioning about that is there are some patriot mythologists out there that say that if you enter a plea [14:41.500 --> 14:45.500] or if you deal with the court, you give them jurisdiction. [14:45.500 --> 14:51.500] That is absolutely horse manure. [14:51.500 --> 14:56.500] Okay, then I guess that's one of my biggest worries, so I guess I don't have to deal with that then. [14:56.500 --> 15:02.500] Either the court has jurisdiction or it does not have jurisdiction. [15:02.500 --> 15:11.500] So I tell you what, how about you let me be the judge in your case? [15:11.500 --> 15:13.500] Okay. [15:13.500 --> 15:15.500] Okay, so I'm the judge in your case. [15:15.500 --> 15:17.500] How does that work out? [15:17.500 --> 15:21.500] What's Wisconsin going to think about that? [15:21.500 --> 15:31.500] If I don't have jurisdiction, there is nothing you can do to give me jurisdiction. [15:31.500 --> 15:38.500] I either have it or I don't. [15:38.500 --> 15:42.500] And that's how that cow ate that cabbage. [15:42.500 --> 15:44.500] Does that make sense? [15:44.500 --> 15:45.500] Yeah, that makes sense. [15:45.500 --> 15:48.500] Speaking of judges, I think I don't even have a judge. [15:48.500 --> 15:54.500] I have a court commissioner, but I'll get to that in a little bit, I guess. [15:54.500 --> 15:57.500] Do you want me to continue with the timeline here? [15:57.500 --> 15:59.500] Yes. [15:59.500 --> 16:02.500] All right. [16:02.500 --> 16:06.500] So July 15th, I got my notice of the pretrial conference. [16:06.500 --> 16:12.500] August 3rd, I had the pretrial conference with the district attorney over the phone. [16:12.500 --> 16:14.500] Okay, hold on, hold on. [16:14.500 --> 16:20.500] Pretrial conference with the district attorney. [16:20.500 --> 16:26.500] That's what they call it here when you meet the district attorney where he offers you a plea deal or whatever. [16:26.500 --> 16:35.500] You probably won't believe this, but sometimes they make stuff up. [16:35.500 --> 16:39.500] I went to a hearing in South Lake, Texas. [16:39.500 --> 16:45.500] A friend of mine has an excavation company and one of his drivers got a ticket [16:45.500 --> 16:47.500] and he asked me if I'd go down there and help him out. [16:47.500 --> 16:49.500] So I did. [16:49.500 --> 16:54.500] And I'm in a courtroom and I got the docket sheet [16:54.500 --> 16:59.500] and 58 people have been ordered to come to this court. [16:59.500 --> 17:04.500] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [17:04.500 --> 17:08.500] Stop debt collectors now with the Michael Mears proven method. [17:08.500 --> 17:14.500] Michael Mears has won six cases in federal court against debt collectors and now you can win two. [17:14.500 --> 17:20.500] You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes. [17:20.500 --> 17:24.500] What to do when contacted by phones, mail, or court summons. [17:24.500 --> 17:26.500] How to answer letters and phone calls. [17:26.500 --> 17:28.500] How to get debt collectors out of your credit report. [17:28.500 --> 17:33.500] How to turn the financial tables on them and make them pay you to go away. [17:33.500 --> 17:38.500] The Michael Mears proven method is the solution for how to stop debt collectors. [17:38.500 --> 17:40.500] Personal consultation is available as well. [17:40.500 --> 17:46.500] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [17:46.500 --> 17:49.500] or email michaelmears at yahoo.com. [17:49.500 --> 18:01.500] 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. [18:01.500 --> 18:04.500] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [18:04.500 --> 18:09.500] 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, [18:09.500 --> 18:12.500] then we're going to have to stand and defend our own rights. [18:12.500 --> 18:16.500] Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, [18:16.500 --> 18:19.500] and most importantly, the right to due process of law. [18:19.500 --> 18:24.500] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process. [18:24.500 --> 18:30.500] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available [18:30.500 --> 18:34.500] that will help you understand what due process is and how to hold the courts to the rule of law. [18:34.500 --> 18:39.500] You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today. [18:39.500 --> 18:44.500] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, [18:44.500 --> 18:49.500] video and audio of the original 2009 seminar, hundreds of research documents, and other useful resource material. [18:49.500 --> 18:53.500] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [18:53.500 --> 19:00.500] Order your copy today, and together we can have the free society we all want and deserve. [19:00.500 --> 19:11.500] You are listening to the Logos Radio Network, the LogosRadioNetwork.com. [19:11.500 --> 19:14.500] Well, don't let none get to you. [19:14.500 --> 19:17.500] Only the father can't deal with you. [19:17.500 --> 19:20.500] Don't let bad-minded people hurt you. [19:20.500 --> 19:23.500] And trust this and get behind you. [19:23.500 --> 19:25.500] Know what I mean? [19:25.500 --> 19:28.500] My friend, and all of your children. [19:28.500 --> 19:29.500] Come on. [19:29.500 --> 19:31.500] Trust in God, my friend. [19:31.500 --> 19:34.500] Tell him you're probably in there. [19:34.500 --> 19:37.500] Call on his name once a day. [19:37.500 --> 19:40.500] He will tell you now he was there. [19:40.500 --> 19:43.500] Trust in God, my friend. [19:43.500 --> 19:46.500] Tell him you're probably in there. [19:46.500 --> 19:49.500] Call on his name once a day. [19:49.500 --> 19:52.500] He will tell you now he was there. [19:52.500 --> 19:55.500] He is my king, man. He is everything. [19:55.500 --> 19:58.500] He is everything to me. That's why I call him. [19:58.500 --> 20:01.500] I'll tap my knee and I'll pray to him. [20:01.500 --> 20:04.500] Because he's the only one who could answer him. [20:04.500 --> 20:07.500] There's no business with what wicked man says. [20:07.500 --> 20:10.500] My friend, and all of your children. [20:10.500 --> 20:13.500] Come on, trust in God, my friend. [20:13.500 --> 20:38.500] Okay, we are back. [20:38.500 --> 20:40.500] And I went to the bailiff and I said, [20:40.500 --> 20:43.500] Where's the judge? [20:43.500 --> 20:46.500] Well, the judge is not here. [20:46.500 --> 20:49.500] Why are you having hearing if the judge is not here? [20:49.500 --> 20:55.500] Well, these people are just here to talk to the prosecutor. [20:55.500 --> 21:01.500] Well, who summoned them here to talk to the prosecutor? [21:01.500 --> 21:03.500] Well, the court did. [21:03.500 --> 21:06.500] So, wait a minute. [21:06.500 --> 21:10.500] You can't summon someone to talk to a prosecutor. [21:10.500 --> 21:13.500] You can only summon someone to court. [21:13.500 --> 21:15.500] So, there has to be a court hearing. [21:15.500 --> 21:19.500] And you're saying that there's no magistrate in the building [21:19.500 --> 21:21.500] who can convene a hearing? [21:21.500 --> 21:25.500] So, no, this is just to talk to the prosecutor. [21:25.500 --> 21:27.500] So, they called the guy up. I was there to help. [21:27.500 --> 21:29.500] And I got up to go with him. [21:29.500 --> 21:31.500] And the bailiff said, Well, you can go with him. [21:31.500 --> 21:32.500] I said, Sure, can. [21:32.500 --> 21:34.500] He said, I'm his bud. [21:34.500 --> 21:37.500] I said, Oh, no, no. [21:37.500 --> 21:41.500] This is just for him to talk to the prosecutor. [21:41.500 --> 21:43.500] So, that's when I asked him where the judge was. [21:43.500 --> 21:45.500] He said, The judge is not in the building. [21:45.500 --> 21:54.500] So, you summoned all these people to come here to meet with the prosecuting attorney? [21:54.500 --> 22:00.500] If the prosecutor wants to meet with me, he can call me and set an appointment. [22:00.500 --> 22:08.500] What he can't do is issue a summons and order me to come to court. [22:08.500 --> 22:15.500] Yeah, I thought there was an issue with them issuing me a summons to meet with the district attorney and not a judge. [22:15.500 --> 22:16.500] Impersonating. [22:16.500 --> 22:17.500] Or you thought exactly right. [22:17.500 --> 22:20.500] I charged this brand new lawyer. [22:20.500 --> 22:21.500] Lauded, I guess. [22:21.500 --> 22:28.500] With 58 felony counts of impersonating a public official. [22:28.500 --> 22:31.500] Went to the JP and filed them with him. [22:31.500 --> 22:34.500] Oh, that was such a hoot. [22:34.500 --> 22:39.500] Now, I could have bar grieved her 58 times, but that would have ended her career. [22:39.500 --> 22:41.500] Yeah, look at your code. [22:41.500 --> 22:52.500] I'm going to suggest to you, there's going to be a section in your criminal code that authorizes judges to summon people to court. [22:52.500 --> 23:01.500] In Texas, it's 28, Chapter 28, and 2801 lists all the things a judge can order somebody to court for. [23:01.500 --> 23:06.500] And all of them has to do with hearing motions or pleadings. [23:06.500 --> 23:17.500] None of them authorized the clerk to order someone to court to talk to the prosecuting attorney. [23:17.500 --> 23:23.500] Yeah, I was reading through the statutes and I didn't see anything in there that authorized them to do that. [23:23.500 --> 23:25.500] So you make a good point there. [23:25.500 --> 23:33.500] So I filed 58 criminal felony charges against this poor, unsuspecting lawyer. [23:33.500 --> 23:37.500] And they told me it was her first day on the job. [23:37.500 --> 23:39.500] And I hammered her big time. [23:39.500 --> 23:44.500] Today, I'm the prosecutor. Tomorrow, I don't know. [23:44.500 --> 23:50.500] Do you want burgers with those fries? [23:50.500 --> 23:52.500] Okay, go ahead. [23:52.500 --> 23:58.500] Oh, I was saying I'm looking for a way to sting that district attorney, but I'll get to that in a little bit, I guess. [23:58.500 --> 24:03.500] You'll see why once I go through the rest of my timeline, I guess. [24:03.500 --> 24:04.500] Okay, go ahead. [24:04.500 --> 24:08.500] I'll kind of shut up now and let you get through it. [24:08.500 --> 24:14.500] All right, so like I was saying, August 3rd was my pretrial conference. I had that on the phone. [24:14.500 --> 24:20.500] And of course, the district attorney was real arrogant, didn't even offer me a plea deal. [24:20.500 --> 24:23.500] He said to me, how did he word it? [24:23.500 --> 24:34.500] He said, I'm having trouble coming up with a deal to give you for this unsafe cutting while passing. [24:34.500 --> 24:41.500] Do you have any ideas? He kind of said to me, and so I said back, how about you just dismiss it because I'm not guilty. [24:41.500 --> 24:46.500] And he just kind of laughed at me and said, no, that's not going to happen. [24:46.500 --> 24:53.500] I'll set a date for a bench trial, and you'll get a letter in the mail. And that was it. [24:53.500 --> 25:02.500] So then August 9th, I got my notice of my trial date, which is coming up pretty soon, September 13th. [25:02.500 --> 25:10.500] That's something I'm looking at trying to find a way to get a continuance on, so I have a little bit more time to prepare for that. [25:10.500 --> 25:14.500] But we can get to that in a little bit. [25:14.500 --> 25:21.500] Then I found out it's actually a court commissioner over my case and not a judge. So that's kind of interesting. [25:21.500 --> 25:24.500] I was looking into that a little bit. [25:24.500 --> 25:28.500] August 13th, this is where things get real interesting. [25:28.500 --> 25:33.500] Do you remember how I told you I got a warning for speeding on the day I was pulled over? [25:33.500 --> 25:45.500] Well, I got a citation in the mail that was identical to that warning for speeding from the State Patrol. [25:45.500 --> 25:54.500] Oh, yeah. And that was just after you requested some records from the police, and they didn't like that, or the state troopers. [25:54.500 --> 25:59.500] They didn't like that, so then suddenly the warning became a citation. [25:59.500 --> 26:09.500] Yeah, I've done like three or four open records requests with the State Patrol, and I've found some interesting things, but I can get to that later, I guess. [26:09.500 --> 26:13.500] What do you think about that, Randy? How does that work out? You have a warning. [26:13.500 --> 26:15.500] You can see it more interesting. [26:15.500 --> 26:18.500] It sounds like retaliation to me. [26:18.500 --> 26:24.500] That's what I was thinking. Two days later, I get a letter from the State Patrol just out of nowhere. [26:24.500 --> 26:33.500] They sent it out two days after they sent the citation out, and it says, at the request of the Office of the District Attorney, we have changed your warning to a citation. [26:33.500 --> 26:36.500] That's basically all it said. [26:36.500 --> 26:38.500] Wait a minute, wait a minute. [26:38.500 --> 26:42.500] They're trying to watch a request of a district attorney? [26:42.500 --> 26:43.500] Yeah. [26:43.500 --> 26:48.500] That's conspiracy to obstruct. [26:48.500 --> 26:56.500] I knew it was something, but I'm not sure what it was that I could go after for. [26:56.500 --> 27:09.500] The prosecutor and the charging officer conspired with one another to obstruct justice and retaliate against you for filing information requests. [27:09.500 --> 27:12.500] Wow. [27:12.500 --> 27:14.500] Explain that, Lucy. [27:14.500 --> 27:24.500] And it looks to me like this whole thing they're going after in the first place is not even something that they have the authority to pull you over for. [27:24.500 --> 27:32.500] I mean, you got no insurance. That's not unarrestable. You can't pull somebody over for that. [27:32.500 --> 27:39.500] You got unsafe cutting while passing. Is that even a thing? Really? Where are they going to find that? [27:39.500 --> 27:47.500] Yeah, they cited some statute about the legal way to pass someone on the highway. [27:47.500 --> 27:54.500] And they're saying I violated that, supposedly, which I didn't. But anyways, that's going to the merits, I guess. [27:54.500 --> 27:59.500] But I forgot what I was going to say here. [27:59.500 --> 28:05.500] Well, yeah, it goes to the merits, but it also goes to is this fruit of the poison tree? [28:05.500 --> 28:10.500] Do they have any business talking to you in the first place or even knowing who you are? [28:10.500 --> 28:14.500] He claims that he clocked me speeding, and that's why he pulled me over. [28:14.500 --> 28:27.500] And then his whole story was, oh, I could give you a speeding ticket for going 74 to 55, but I'm going to give you this unsafe cutting while passing to cut you a break, is what he told me. [28:27.500 --> 28:35.500] And then I got a $200 fine for no insurance, even though I had insurance, but I just didn't have the proof with me. [28:35.500 --> 28:43.500] But they dismissed that one because I sent proof to the court, and that one's no longer an issue. [28:43.500 --> 28:58.500] But in total, I got two $200 citations here. So worst case, if I lose, I'm out $400 and seven points on my driver's license, I guess. [28:58.500 --> 29:02.500] So you might as well fight them. You got nothing to lose. [29:02.500 --> 29:11.500] Yeah, that's what I'm thinking. And if I can make them think twice about doing this to someone else, then it's worth it to me. [29:11.500 --> 29:17.500] That's why Brett and I do this thing. [29:17.500 --> 29:30.500] So the one thing that still intrigues me is the prosecutor, through the clerk, you were ordered to come to court to meet with the prosecutor. [29:30.500 --> 29:36.500] Where does the court get that authority? [29:36.500 --> 29:43.500] Well, and then you've also got the issue of this other hearing that's coming up. He's talking about continuance, but maybe he really wants to do discovery [29:43.500 --> 29:49.500] and get this prosecutor to admit that he doesn't have squat in terms of evidence. [29:49.500 --> 29:54.500] And of course, the burden of proof is on the one that's asserting. So, you know. [29:54.500 --> 30:00.500] All right. Well, we're just about to go to our sponsors. We will be right back. [30:00.500 --> 30:08.500] Everyone knows that walking is great exercise, but you might not know that the way you walk could predict how long you're going to live. [30:08.500 --> 30:14.500] I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication in just a moment. [30:14.500 --> 30:19.500] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [30:19.500 --> 30:24.500] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [30:24.500 --> 30:32.500] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to. [30:32.500 --> 30:39.500] This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. [30:39.500 --> 30:43.500] Start over with StartPage. [30:43.500 --> 30:47.500] New research shows how fast you walk could predict how long you're going to live. [30:47.500 --> 30:55.500] The Journal of the American Medical Association reports that older adults who walk one meter per second or faster live longer than expected. [30:55.500 --> 30:59.500] In case you're wondering, one meter per second is about two and a quarter miles per hour. [30:59.500 --> 31:06.500] A senior's age, gender, and walking speed were as good at predicting life expectancy as more traditional statistical measures. [31:06.500 --> 31:09.500] Generally speaking, faster walkers live longer. [31:09.500 --> 31:16.500] Measuring walking speed is quick and inexpensive. It only takes a stopwatch, some space to walk, and a few minutes. [31:16.500 --> 31:21.500] Researchers say it could help doctors identify older patients who need special care. [31:21.500 --> 31:30.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [31:30.500 --> 31:34.500] I lost my son, my nephew, my uncle, my son on September 11, 2001. [31:34.500 --> 31:38.500] Most people don't know that a third tower fell on September 11. [31:38.500 --> 31:42.500] World Trade Center 7, a 47-story skyscraper, was not hit by a plane. [31:42.500 --> 31:46.500] Although the official explanation is that fire brought down Building 7, [31:46.500 --> 31:52.500] over 1,200 architects and engineers have looked into the evidence and believe there is more to the story. [31:52.500 --> 31:55.500] Bring justice to my son, my uncle, my nephew, my son. [31:55.500 --> 31:57.500] Go to buildingwatt.org. [31:57.500 --> 32:01.500] Why it fell, why it matters, and what you can do. [32:01.500 --> 32:06.500] Are you looking to have a closer relationship with God and a better understanding of His Word? [32:06.500 --> 32:12.500] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk, [32:12.500 --> 32:17.500] where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15. [32:17.500 --> 32:24.500] Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the Word of Truth. [32:24.500 --> 32:28.500] Starting in January, our first-hour studies are in the Book of Mark, [32:28.500 --> 32:32.500] where we'll go verse by verse and discuss the true Gospel message. [32:32.500 --> 32:39.500] Our second-hour topical studies will vary each week with discussions on sound doctrine and Christian character development. [32:39.500 --> 32:44.500] We wish to reflect God's light and be a blessing to all those with a hearing ear. [32:44.500 --> 32:50.500] Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus. [32:50.500 --> 32:54.500] So tune in to Scripture Talk live on LogosRadioNetwork.com, [32:54.500 --> 33:02.500] on Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures. [33:24.500 --> 33:52.500] Okay, we are back with Randy Kelton and Brett Felton, [33:52.500 --> 34:01.500] from Rule of Law Radio, and we're talking to Jason in Wisconsin. [34:01.500 --> 34:05.500] Where is it to go? Where'd you go, Jason? There we go. [34:05.500 --> 34:06.500] I got it. [34:06.500 --> 34:11.500] Okay, good. Okay, go ahead, Jason. [34:11.500 --> 34:19.500] All right. One thing I forgot to add for the speeding citation I got is my initial court date is on September 26, [34:19.500 --> 34:26.500] which is after my trial for the first citation. [34:26.500 --> 34:36.500] So I haven't entered a plea or anything on that one, so I guess that one's an open slate, so to speak. [34:36.500 --> 34:44.500] So another thing that happened on Monday is I contacted the clerk of courts [34:44.500 --> 34:51.500] and tried to request all the records that were in my court file, and they told me what's in there. [34:51.500 --> 34:56.500] They told me that all that's in there is the three citations, my not guilty pleas, [34:56.500 --> 35:03.500] and the dismissal for the no insurance, and that's it. There's nothing else in my file. [35:03.500 --> 35:11.500] Then I asked to get a certified copy of all that stuff, and they wanted $40. [35:11.500 --> 35:14.500] $40 for two pages? [35:14.500 --> 35:16.500] For like four or five pages. [35:16.500 --> 35:25.500] They're trying to charge me $1.25 per photocopy and $5 per page that's certified. [35:25.500 --> 35:27.500] Wow. [35:27.500 --> 35:32.500] So I'm trying to figure out if there's a way I can get it wrong. [35:32.500 --> 35:37.500] You can get them to demand that they produce the original documents, [35:37.500 --> 35:42.500] and then take out your cell phone and photograph it. [35:42.500 --> 35:45.500] Okay, so if I go there in person, they'll have to bring the documents out to me, [35:45.500 --> 35:47.500] and then I can take photos of them? [35:47.500 --> 35:48.500] Yes. [35:48.500 --> 35:50.500] For free. [35:50.500 --> 35:53.500] The inspection is always free. [35:53.500 --> 36:00.500] The other angle of attack I tried today is I tried filing an open records request for that stuff with the clerk of courts, [36:00.500 --> 36:10.500] and in addition to that, I filed for the open bond of the court commissioner that's going to be over my case, [36:10.500 --> 36:17.500] and she gave me the same reply basically that it's $1.25 per copy, $5 per certified copy, [36:17.500 --> 36:28.500] and I think that she's violating the open records law the way I'm reading it, but that's a whole other issue. [36:28.500 --> 36:34.500] Well, yeah, I often will get them telling me that I need to pay some certain crazy amount, [36:34.500 --> 36:40.500] but then when you ask them to, I would like to inspect the records that you have [36:40.500 --> 36:43.500] that show me that you have lawful authority to collect that amount, [36:43.500 --> 36:49.500] well, suddenly the price ends up going down because then it has to go fall back to what the law actually says, [36:49.500 --> 36:54.500] and it's 10 cents instead of a dollar or whatever. [36:54.500 --> 36:59.500] You might look and see what, they may have a certain amount that they are allowed to collect, [36:59.500 --> 37:04.500] but they're just cranking it up to see what you'll pay. [37:04.500 --> 37:10.500] So what I read in the open records statute, I don't remember the exact wording, I don't have it in front of me, [37:10.500 --> 37:20.500] but it says something to the effect of they can only charge their actual expenses for producing the documents, [37:20.500 --> 37:27.500] or they can charge the materials onto which they were copied. [37:27.500 --> 37:31.500] Yeah, there was another part that said they can charge what's otherwise a law by law, [37:31.500 --> 37:39.500] or I forget the exact wording of it, so that's the part they might be using here, I don't know. [37:39.500 --> 37:44.500] Something I've got to look into further, I guess. [37:44.500 --> 37:51.500] No, but back to the point, though, is you said that there is nothing else in that record, which means they don't have, [37:51.500 --> 37:56.500] they haven't properly presented charges, there's no charging instrument. [37:56.500 --> 38:04.500] A citation, warning, none of that stuff actually counts as being a lawfully sufficient charging instrument. [38:04.500 --> 38:10.500] So, I mean, they might like to think that they can substitute for a complaint, but even that is not enough. [38:10.500 --> 38:14.500] They have to have complaint plus an information or an indictment, [38:14.500 --> 38:23.500] and you can look it up in your local criminal procedure to see the details of what makes it sufficient, [38:23.500 --> 38:28.500] what makes a lawfully sufficient charging instrument. [38:28.500 --> 38:35.500] But yeah, if they've got nothing, they're just expecting you to enter a plea [38:35.500 --> 38:40.500] without having actually been accused of anything, properly accused. [38:40.500 --> 38:47.500] The thing is, the way the Wisconsin statutes are written, I think my citations are considered civil, [38:47.500 --> 38:52.500] like other more serious traffic violations like DUI and stuff would be considered criminal, [38:52.500 --> 39:00.500] but they have a separate set of rules for traffic citations aside from the regular civil procedure, [39:00.500 --> 39:06.500] and it looks like they limit your rights, you know, that you would normally have under the normal civil procedure. [39:06.500 --> 39:11.500] And I was kind of wondering if I could file a declaratory judgment for some of those issues. [39:11.500 --> 39:16.500] That's a good point. Yeah, a declaratory would help because it looks like it's unclear [39:16.500 --> 39:21.500] what your rights and status are in that particular situation. [39:21.500 --> 39:29.500] So that would be perfect. You'd ask the court to make a declaration as to your rights or your status. [39:29.500 --> 39:33.500] Wisconsin has a pretty good declaratory judgment act, too. [39:33.500 --> 39:38.500] I was reading through it and it's pretty broad, it looks like. [39:38.500 --> 39:41.500] Well, good. It sounds like you're going to need it. [39:41.500 --> 39:45.500] Constitutional issues and all sorts of stuff. [39:45.500 --> 39:48.500] So yeah, that was, as far as my strategies go, [39:48.500 --> 39:56.500] I think that was at the top of my list was possibly a declaratory judgment. [39:56.500 --> 40:03.500] Cool. And you might take a look at this in, I don't know what Wisconsin has, [40:03.500 --> 40:13.500] Texas transportation code we've got when the officer wants to give you a ticket for no insurance. [40:13.500 --> 40:21.500] He has to look in his, there's a verification system he has to look up first for financial responsibility. [40:21.500 --> 40:32.500] And he is specifically prohibited from giving you a citation for an offense of not having financial responsibility [40:32.500 --> 40:40.500] unless he tries to look up in his verification system and he doesn't get a verification. [40:40.500 --> 40:46.500] So if he gives you a ticket and you had it at the time and then you have to turn around [40:46.500 --> 40:52.500] and give it to the court and show them that, hey, I already had this, he's just making stuff up. [40:52.500 --> 41:00.500] Well, that actually is official misconduct or official oppression on the cops' part. [41:00.500 --> 41:04.500] That's something I'll have to look into, but I've been told by multiple people, [41:04.500 --> 41:09.500] I'm not sure if it's true or not, that they don't have a database in Wisconsin to look up your insurance [41:09.500 --> 41:16.500] and they even have a $10 citation they can issue for no proof of insurance. [41:16.500 --> 41:26.500] So they may very well have a database. I guess I'm going to have to look into that. [41:26.500 --> 41:29.500] Yeah, every time I've been stopped without my insurance card, [41:29.500 --> 41:38.500] they just usually just give me a $10 fine for no proof of insurance and that's it. [41:38.500 --> 41:45.500] All right. Well, you've got a lot of different angles you can hit them with right now. [41:45.500 --> 41:50.500] Yeah, I had another question as far as going after the district attorney goes. [41:50.500 --> 41:55.500] It might be a little bit of a stretch, but Wisconsin has a baritree statute. [41:55.500 --> 41:56.500] Sweet. [41:56.500 --> 42:04.500] I'm wondering if that would apply here. [42:04.500 --> 42:08.500] I guess as far as him changing that warning to a citation, [42:08.500 --> 42:14.500] if I could somehow prove that he benefited from it somehow. [42:14.500 --> 42:19.500] Right. That's soliciting business that he otherwise would not have, [42:19.500 --> 42:25.500] and this is stirring up peace into controversy that he gets paid to litigate. [42:25.500 --> 42:29.500] So yeah, that definitely seems to line up. [42:29.500 --> 42:31.500] I got the main part of the statute right here. [42:31.500 --> 42:35.500] I'm going to take a couple of sentences along. I'll read it if you want me to. [42:35.500 --> 42:37.500] Yeah. [42:37.500 --> 42:46.500] Okay, soliciting legal business except as is provided under SCR 20.7.1 whatever. [42:46.500 --> 42:51.500] No person may solicit legal matters or retainer written or oral [42:51.500 --> 42:59.500] or any agreement authorizing an attorney to perform or render legal services. [42:59.500 --> 43:03.500] Would that count as him soliciting legal matters? [43:03.500 --> 43:12.500] Yeah, he certainly is. He's stirring up business for himself. [43:12.500 --> 43:15.500] So what's the best approach to hit him with that? [43:15.500 --> 43:21.500] Should I throw a couple of bar grievances away first or? [43:21.500 --> 43:25.500] Oh, Randy, what would you say is the most effective to hit him with? [43:25.500 --> 43:32.500] That's the main point since he's a DA. [43:32.500 --> 43:35.500] Randy, are you muted? [43:35.500 --> 43:42.500] Oh, man, let's go see if we can get Randy to go off the cliff. [43:42.500 --> 43:46.500] We got 15 more seconds here. [43:46.500 --> 43:49.500] Oh, I didn't say anything about only 15 seconds. [43:49.500 --> 43:54.500] You can go ahead and lead right into talking about the options he has. [43:54.500 --> 43:57.500] What are we about to run off of? [43:57.500 --> 44:00.500] You'll be right back. [44:00.500 --> 44:04.500] Through advances in technology, our lives have greatly improved [44:04.500 --> 44:06.500] except in the area of nutrition. [44:06.500 --> 44:09.500] People feed their pets better than they feed themselves [44:09.500 --> 44:11.500] and it's time we changed all that. [44:11.500 --> 44:17.500] Our primary defense against aging and disease in this toxic environment is good nutrition. [44:17.500 --> 44:22.500] In a world where natural foods have been irradiated, adulterated, and mutilated, [44:22.500 --> 44:25.500] longevity can provide the nutrients you need. [44:25.500 --> 44:31.500] Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject. [44:31.500 --> 44:36.500] We have come to trust longevity so much we became a marketing distributor [44:36.500 --> 44:40.500] along with Alex Jones, Ben Fuchs, and many others. [44:40.500 --> 44:43.500] When you order from logosradionetwork.com, [44:43.500 --> 44:47.500] your health will improve as you help support quality radio. [44:47.500 --> 44:51.500] As you realize the benefits of longevity, you may want to join us. [44:51.500 --> 44:56.500] As a distributor, you can experience improved health, help your friends and family, [44:56.500 --> 44:58.500] and increase your income. [44:58.500 --> 45:00.500] Order now. [45:00.500 --> 45:03.500] Are you the plaintiff or defendant in a lawsuit? [45:03.500 --> 45:07.500] Win your case without an attorney with Jurisdictionary, [45:07.500 --> 45:15.500] the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step. [45:15.500 --> 45:18.500] If you have a lawyer, know what your lawyer should be doing. [45:18.500 --> 45:22.500] If you don't have a lawyer, know what you should do for yourself. [45:22.500 --> 45:27.500] Thousands have won with our step-by-step course, and now you can too. [45:27.500 --> 45:33.500] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [45:33.500 --> 45:38.500] Even if you're not in a lawsuit, you can learn what everyone should understand [45:38.500 --> 45:42.500] about the principles and practices that control our American courts. [45:42.500 --> 45:48.500] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:48.500 --> 45:51.500] pro se tactics, and much more. [45:51.500 --> 46:13.500] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [46:13.500 --> 46:23.500] Whoa, whoa, yeah. [46:23.500 --> 46:29.500] Always, I must be careful what I'm wishing for. [46:29.500 --> 46:34.500] When I'm hungry, I like to know just what I'm fishing for. [46:34.500 --> 46:40.500] I ain't asking for much, I ain't trying to be no glutton. [46:40.500 --> 46:46.500] I'm just here making my living pushing buttons. [46:46.500 --> 46:52.500] I give my message out to anyone in shouting distance. [46:52.500 --> 46:58.500] I hope for bravery and against slavery, showing resistance. [46:58.500 --> 47:03.500] First I'm crawling, then I'm walking, then I start strutting. [47:03.500 --> 47:09.500] I'm just so glad to make my living pushing buttons. [47:09.500 --> 47:13.500] You got this, Brent, I've lost where we're at. [47:13.500 --> 47:16.500] Okay, we are back. [47:16.500 --> 47:19.500] This is the Rule of Law Radio, Randy Kelton. [47:19.500 --> 47:23.500] I'm Brent Fountain and we are speaking with Jason in Wisconsin [47:23.500 --> 47:28.500] and about this financial responsibility. [47:28.500 --> 47:35.500] He was saying that they may not have the database in Wisconsin. [47:35.500 --> 47:37.500] He's going to have to find out about that. [47:37.500 --> 47:40.500] And he's wondering about Baratree. [47:40.500 --> 47:44.500] It sounds to me like Baratree lines up and what do you think, Randy? [47:44.500 --> 47:47.500] This guy, the district attorney, it said, [47:47.500 --> 47:50.500] at the request of the district attorney, [47:50.500 --> 47:54.500] we're converting this warning into a citation and boom, there you go. [47:54.500 --> 47:57.500] You're getting dragged into the quick slams of court. [47:57.500 --> 48:01.500] It looks to me like that district attorney is fomenting controversy [48:01.500 --> 48:04.500] so he can be paid to litigate it. [48:04.500 --> 48:08.500] That's what it sounds like to me, but only, as far as I know, [48:08.500 --> 48:12.500] only Texas has Baratree laws, but Texas and New York. [48:12.500 --> 48:15.500] No, he looked up Wisconsin. He said they've got it. [48:15.500 --> 48:16.500] Isn't that right? [48:16.500 --> 48:17.500] Oh, wonderful. [48:17.500 --> 48:20.500] Awesome. [48:20.500 --> 48:21.500] Say that again. [48:21.500 --> 48:28.500] I don't know if you heard before when I read the first part of it. [48:28.500 --> 48:34.500] No, I was sound asleep. [48:34.500 --> 48:37.500] I've been up since 3 o'clock this morning writing pleading, [48:37.500 --> 48:39.500] so I kind of drifted off that last segment. [48:39.500 --> 48:42.500] It was your dulcet tones, Jason. [48:42.500 --> 48:45.500] Yeah, you lulled me into unconsciousness. [48:45.500 --> 48:49.500] Oh, it's all my fault. [48:49.500 --> 48:52.500] So, yes, they do have Baratree and what he was reading, [48:52.500 --> 48:56.500] it sounds like it lines right up. [48:56.500 --> 48:57.500] I'd say, yeah, go for it. [48:57.500 --> 49:00.500] You have several things you can hit them with right there. [49:00.500 --> 49:02.500] I mean, no charging instrument. [49:02.500 --> 49:04.500] The whole thing is fruit of the poison tree. [49:04.500 --> 49:06.500] They had no business pulling you over in the first place. [49:06.500 --> 49:08.500] They're charging you with something that doesn't exist, [49:08.500 --> 49:12.500] and well, that kind of makes sense because they haven't even given you [49:12.500 --> 49:17.500] a charging instrument, so it's all just blabbing, really. [49:17.500 --> 49:20.500] This begs a question. [49:20.500 --> 49:26.500] Do you really believe that you are the only person they did this to? [49:26.500 --> 49:29.500] Oh, I'm sure I'm not. [49:29.500 --> 49:38.500] Are you familiar with a private attorney general claim, federal claim? [49:38.500 --> 49:42.500] I've heard that term before, but refresh my memory here. [49:42.500 --> 49:50.500] What it means is if there is a wrong that's created, [49:50.500 --> 49:56.500] but the wrong is not of a large enough nature to make it profitable [49:56.500 --> 50:01.500] or reasonable for someone to take legal action, [50:01.500 --> 50:09.500] then such a traffic ticket, for instance, three, four, five hundred bucks, [50:09.500 --> 50:15.500] it doesn't justify a $10,000 lawyer bill to file suit. [50:15.500 --> 50:22.500] So they can do these minor wrongful things with relative impunity. [50:22.500 --> 50:26.500] So what the federal courts have said is they will recognize [50:26.500 --> 50:31.500] what they call a private attorney general suit. [50:31.500 --> 50:35.500] Now, this doesn't create such a thing as a private attorney general, [50:35.500 --> 50:40.500] but the courts have recognized that kind of suit, [50:40.500 --> 50:46.500] and that's a suit where you sue in your own behalf [50:46.500 --> 50:52.500] and in the behalf of all others similarly situated. [50:52.500 --> 50:55.500] And then you can recover for all of those people. [50:55.500 --> 51:00.500] So it makes it profitable enough for one person to take the action, [51:00.500 --> 51:03.500] and they can get some kind of recovery. [51:03.500 --> 51:09.500] So if Wisconsin is perpetrating ongoing criminal conspiracy, [51:09.500 --> 51:12.500] intended to deny people in the due course of the laws [51:12.500 --> 51:15.500] for the purpose of extorting money from them, [51:15.500 --> 51:21.500] that sounds like a great thing for a private attorney general suit. [51:21.500 --> 51:24.500] I can almost guarantee this is standard practice [51:24.500 --> 51:29.500] or basically doing it to everyone. [51:29.500 --> 51:38.500] If they're doing it to everyone, that goes to a RICO suit. [51:38.500 --> 51:44.500] And that brings you into this. [51:44.500 --> 51:50.500] That might be another strategy to pursue. [51:50.500 --> 51:54.500] Yeah, I mean, there's so many avenues of attack on this thing. [51:54.500 --> 51:57.500] I don't even know what the best one is, I guess. [51:57.500 --> 52:01.500] I didn't even tell you about some of the stuff I found with my open records request. [52:01.500 --> 52:06.500] I found out that the officer doesn't have an oath or a bond on record, [52:06.500 --> 52:11.500] and the Wisconsin statutes require him to have one. [52:11.500 --> 52:20.500] So he's probably not even lawfully acting as an officer. [52:20.500 --> 52:31.500] So what is it that you want to accomplish at the end of the day? [52:31.500 --> 52:36.500] I mean, as far as the outcome of my case or as far as... [52:36.500 --> 52:41.500] No. Do you just want to beat them up for annoying you, [52:41.500 --> 52:46.500] or do you have some other goal in mind? [52:46.500 --> 52:48.500] At first, that was kind of it. [52:48.500 --> 52:51.500] I was annoyed by them and I wanted to beat them up, like you said, [52:51.500 --> 52:54.500] but now it's kind of something a little bigger. [52:54.500 --> 53:00.500] Like I said before, I want them to think twice before they try to do this to someone else. [53:00.500 --> 53:04.500] It's kind of a big goal, but... [53:04.500 --> 53:10.500] I don't think it's quite as big as you might think. [53:10.500 --> 53:15.500] It's good to know what you're willing to do and where you want to go. [53:15.500 --> 53:21.500] You don't always have to actually go there to get change. [53:21.500 --> 53:29.500] If you conduct yourself in a way that indicates that that's where you're going, [53:29.500 --> 53:40.500] the jurisdiction is likely to take steps to ensure that this kind of thing doesn't continue. [53:40.500 --> 53:44.500] It's not my purpose to beat up public officials, [53:44.500 --> 53:49.500] and it's not necessarily my purpose to see how much money I can get from them. [53:49.500 --> 53:55.500] I am suing a local jurisdiction here, and I did set him up for it, [53:55.500 --> 53:59.500] but it's not about the money. [53:59.500 --> 54:04.500] The money is how I get them to do it right. [54:04.500 --> 54:09.500] So you sue them for a lot of money and beat them up a whole bunch, [54:09.500 --> 54:11.500] and then get them to come to the table. [54:11.500 --> 54:15.500] If they have to pay you money to get you to go away, [54:15.500 --> 54:19.500] they're going to make sure this doesn't happen again. [54:19.500 --> 54:21.500] They'll adjust their practices and procedures, [54:21.500 --> 54:27.500] so you have to figure out which practices and procedures are the most onerous [54:27.500 --> 54:30.500] and the ones you want to challenge. [54:30.500 --> 54:32.500] You charge them with a lot more than that, [54:32.500 --> 54:41.500] but know what for you would be a win at the end of the day. [54:41.500 --> 54:46.500] The least amount of change, that would be a win for you. [54:46.500 --> 54:52.500] Go for a lot more than settle for that least amount. [54:52.500 --> 54:55.500] Just beating them up. [54:55.500 --> 54:59.500] These public officials are not bad guys. [54:59.500 --> 55:01.500] They're just doing their job. [55:01.500 --> 55:05.500] They do hundreds of tickets, one after the other, after the other, [55:05.500 --> 55:07.500] after the other, after the other. [55:07.500 --> 55:09.500] They're all doing the same, [55:09.500 --> 55:14.500] and it doesn't occur to them that what they're doing may be horribly wrong. [55:14.500 --> 55:17.500] They think what they're doing is right. [55:17.500 --> 55:23.500] So take someone like you to come in there and demonstrate to them [55:23.500 --> 55:25.500] that they're not doing it wrong, [55:25.500 --> 55:28.500] and if you go after these individuals for doing it wrong, [55:28.500 --> 55:30.500] they're going to go to their boss and say, [55:30.500 --> 55:34.500] hey, Bubba, you want to do that wrong, you go out there and do it wrong. [55:34.500 --> 55:36.500] You want to write these guys tickets [55:36.500 --> 55:41.500] and they file professional conduct complaints against me and ruin my career? [55:41.500 --> 55:44.500] Screw that. [55:44.500 --> 55:47.500] And that kind of makes me wonder about that letter I got from the state patrol [55:47.500 --> 55:49.500] two days after I got that citation. [55:49.500 --> 55:51.500] What reason did they even have to send that letter [55:51.500 --> 55:54.500] other than they're trying to send a message to me, [55:54.500 --> 55:56.500] hey, we had nothing to do with this, go after the district attorney. [55:56.500 --> 56:00.500] You know what I'm saying? [56:00.500 --> 56:06.500] If you throw the policemen under the bus, [56:06.500 --> 56:13.500] get them to throw the DA under the bus for you. [56:13.500 --> 56:17.500] How do you really know what the DA did? [56:17.500 --> 56:21.500] You just know what they told you. [56:21.500 --> 56:23.500] Are you suggesting, Randy, that he... [56:23.500 --> 56:25.500] I'm about to get to the bottom of that actually [56:25.500 --> 56:27.500] because of my latest open records request. [56:27.500 --> 56:32.500] I requested all communications between the state patrol [56:32.500 --> 56:34.500] and the district attorney regarding my case, [56:34.500 --> 56:38.500] and that's pending right now, so we'll see what I get from that. [56:38.500 --> 56:44.500] And for guys like you who really want to change things, [56:44.500 --> 56:52.500] it's unrealistic to expect the courts to admit that they've done something wrong. [56:52.500 --> 56:55.500] But when you go in there and beat them up [56:55.500 --> 56:59.500] and you force them to have to jump through hoops, [56:59.500 --> 57:02.500] they're not going to want to have to do that again. [57:02.500 --> 57:04.500] And when you come in there... [57:04.500 --> 57:07.500] That's my goal is to make them jump through as many hoops as possible. [57:07.500 --> 57:09.500] Yeah. [57:09.500 --> 57:13.500] And that will generally fix a lot of these problems all on their own. [57:13.500 --> 57:15.500] They're not going to come to you and say, [57:15.500 --> 57:18.500] hey, you know, when you beat us up, you were right, [57:18.500 --> 57:22.500] and you highlighted all these problems and we got out and fixed them. [57:22.500 --> 57:25.500] No, they're not going to do that. [57:25.500 --> 57:28.500] They're going to do that quietly in the background [57:28.500 --> 57:34.500] to keep somebody else from doing to them what you're doing to them. [57:34.500 --> 57:37.500] Yeah, there might be a little bit of a political aspect [57:37.500 --> 57:40.500] to what this district attorney is doing. [57:40.500 --> 57:46.500] He was elected back in 2020, and before that, there was a... [57:46.500 --> 57:51.500] This is a pretty strong Republican colony here, and he's a Republican. [57:51.500 --> 57:56.500] And before that, the Democrat governor had appointed a Democrat as the district attorney, [57:56.500 --> 58:01.500] and she didn't show up for a single day of work for the whole time she was in office. [58:01.500 --> 58:06.500] And I think they actually had to bring prosecutors in from other counties to do her job. [58:06.500 --> 58:12.500] So I think maybe in a way he's trying to make up for that or something. [58:12.500 --> 58:16.500] Ooh. [58:16.500 --> 58:19.500] That fits. [58:19.500 --> 58:26.500] But if you sting him, then he will quietly make adjustments. [58:26.500 --> 58:31.500] We can have change without somebody looking us in the eye and saying, [58:31.500 --> 58:33.500] hey, you made change. [58:33.500 --> 58:35.500] Yeah. [58:35.500 --> 58:38.500] You go in, beat them up, just have great fun with them, [58:38.500 --> 58:41.500] and then watch what they do in the background [58:41.500 --> 58:43.500] and chuckle at them when they do it right. [58:43.500 --> 58:50.500] Hang on, Randy Kelton, Brett Fountain, we'll be right back. [58:50.500 --> 58:54.500] Would you like to make more definite progress in your walk with God? [58:54.500 --> 58:57.500] Bibles for America is offering a free study Bible [58:57.500 --> 59:01.500] and a set of free Christian books that can really help. [59:01.500 --> 59:06.500] The New Testament Recovery Version is one of the most comprehensive study Bibles available today. [59:06.500 --> 59:09.500] It's an accurate translation, and it contains thousands of footnotes [59:09.500 --> 59:13.500] that will help you to know God and to know the meaning of life. [59:13.500 --> 59:18.500] The free books are a three-volume set called Basic Elements of the Christian Life. [59:18.500 --> 59:21.500] Chapter by chapter, Basic Elements of the Christian Life [59:21.500 --> 59:25.500] clearly presents God's plan of salvation, growing in Christ, [59:25.500 --> 59:27.500] and how to build up the church. [59:27.500 --> 59:30.500] To order your free New Testament Recovery Version [59:30.500 --> 59:33.500] and Basic Elements of the Christian Life, [59:33.500 --> 59:40.500] call Bibles for America toll-free at 888-551-0102. [59:40.500 --> 59:44.500] That's 888-551-0102. [59:44.500 --> 59:49.500] Or visit us online at bfa.org. [59:49.500 --> 59:59.500] You're listening to the Logos Radio Network at logosradionetwork.com. [59:59.500 --> 01:00:05.500] The Bill of Rights contains the first ten amendments of our Constitution. [01:00:05.500 --> 01:00:08.500] They guarantee the specific freedoms Americans should know and protect. [01:00:08.500 --> 01:00:10.500] Our liberty depends on it. [01:00:10.500 --> 01:00:13.500] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way [01:00:13.500 --> 01:00:16.500] to remember one of your constitutional rights. [01:00:16.500 --> 01:00:18.500] Privacy is under attack. [01:00:18.500 --> 01:00:22.500] When you give up data about yourself, you'll never get it back again. [01:00:22.500 --> 01:00:27.500] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [01:00:27.500 --> 01:00:29.500] So protect your rights. [01:00:29.500 --> 01:00:32.500] Say no to surveillance and keep your information to yourself. [01:00:32.500 --> 01:00:35.500] Privacy, it's worth hanging onto. [01:00:35.500 --> 01:00:38.500] This public service announcement is brought to you by StartPage.com, [01:00:38.500 --> 01:00:42.500] the private search engine alternative to Google, Yahoo, and Bing. [01:00:42.500 --> 01:00:46.500] Start over with StartPage. [01:00:46.500 --> 01:00:48.500] Imagine your mom and dad are getting ready for bed. [01:00:48.500 --> 01:00:51.500] They pull back the covers and find a third party there. [01:00:51.500 --> 01:00:54.500] He announces, I'm with the military and I'm sleeping here tonight. [01:00:54.500 --> 01:00:57.500] That shocking image of a third party in my parents' bed reminds me [01:00:57.500 --> 01:01:00.500] what the Third Amendment was designed to prevent. [01:01:00.500 --> 01:01:03.500] It protects us from being forced to share our homes with soldiers, [01:01:03.500 --> 01:01:06.500] a common demand in the days of our founding fathers. [01:01:06.500 --> 01:01:09.500] Third party? Third Amendment? Get it? [01:01:09.500 --> 01:01:12.500] So if you answer a knock at your door and guys in fatigues demand lodging, [01:01:12.500 --> 01:01:17.500] tell them to dust off their copy of the Bill of Rights and reread the Third Amendment. [01:01:17.500 --> 01:01:31.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:01:31.500 --> 01:01:35.500] The Bill of Rights contains the first ten amendments of our Constitution. [01:01:35.500 --> 01:01:38.500] They guarantee the specific freedoms Americans should know and protect. [01:01:38.500 --> 01:01:40.500] Our liberty depends on it. [01:01:40.500 --> 01:01:43.500] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way [01:01:43.500 --> 01:01:46.500] to remember one of your constitutional rights. [01:01:46.500 --> 01:01:48.500] Privacy is under attack. [01:01:48.500 --> 01:01:52.500] When you give up data about yourself, you'll never get it back again. [01:01:52.500 --> 01:01:57.500] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:01:57.500 --> 01:01:58.500] So protect your rights. [01:01:58.500 --> 01:02:02.500] Say no to surveillance and keep your information to yourself. [01:02:02.500 --> 01:02:04.500] Privacy. It's worth hanging on to. [01:02:04.500 --> 01:02:08.500] This public service announcement is brought to you by StartPage.com, [01:02:08.500 --> 01:02:12.500] the private search engine alternative to Google, Yahoo, and Bing. [01:02:12.500 --> 01:02:15.500] Start over with StartPage. [01:02:15.500 --> 01:02:19.500] Imagine four eyes staring at you through binoculars, a magnifying glass, [01:02:19.500 --> 01:02:21.500] or a pair of x-ray goggles. [01:02:21.500 --> 01:02:25.500] That imagery reminds me that the Fourth Amendment guarantees Americans freedom [01:02:25.500 --> 01:02:27.500] from unreasonable search and seizure. [01:02:27.500 --> 01:02:30.500] Fourth Amendment? Four eyes staring at you? Get it? [01:02:30.500 --> 01:02:33.500] Unfortunately, the government is trampling our Fourth Amendment rights [01:02:33.500 --> 01:02:35.500] in the name of security. [01:02:35.500 --> 01:02:39.500] Keys in point, TSA airport scanners that peer under your clothing. [01:02:39.500 --> 01:02:43.500] When government employees demand a peep at your privates without probable cause, [01:02:43.500 --> 01:02:46.500] I say it's time to sound the constitutional alarm bells. [01:02:46.500 --> 01:02:49.500] Join me in asking our representatives to dust off the Bill of Rights [01:02:49.500 --> 01:02:53.500] and use their googly eyes to take a gander at the Fourth. [01:02:53.500 --> 01:03:22.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:03:22.500 --> 01:03:24.500] Thank you very much. [01:03:52.500 --> 01:03:54.500] Thank you very much. [01:04:22.500 --> 01:04:44.500] Okay. Howdy, howdy. [01:04:44.500 --> 01:04:53.500] Randy Kelton with Fountain Wheel of Law Radio on this Friday, the 19th day of August, 2022. [01:04:53.500 --> 01:04:57.500] And we're talking to Jason in Wisconsin. [01:04:57.500 --> 01:05:00.500] Jason, we really need to close up here and move along. [01:05:00.500 --> 01:05:06.500] We're down to one segment, and we've got a full board of callers. [01:05:06.500 --> 01:05:12.500] What else do we have for you, Jason? [01:05:12.500 --> 01:05:17.500] I guess quickly I'm trying to come up with a strategy of attack, [01:05:17.500 --> 01:05:20.500] and since my court day is coming up so soon, [01:05:20.500 --> 01:05:26.500] possibly a way to get a continuance or figure out, I guess, [01:05:26.500 --> 01:05:31.500] what I need to be working on this weekend to get filed next week. [01:05:31.500 --> 01:05:35.500] Should I just attack them from every angle I possibly can, [01:05:35.500 --> 01:05:39.500] or should I be a little more strategic about it? [01:05:39.500 --> 01:05:46.500] If this is your first time through, I kind of use the horse-dumpling rule. [01:05:46.500 --> 01:05:52.500] I had a lawyer read a suit I filed against the sheriff once, [01:05:52.500 --> 01:05:59.500] and he said, Mr. Kelton, you kind of threw everything at him but the kitchen sink. [01:05:59.500 --> 01:06:02.500] I said, yeah, it's kind of like horse-dumplings. [01:06:02.500 --> 01:06:06.500] You know, they're kind of round and dry and crackly. [01:06:06.500 --> 01:06:10.500] But if you throw enough of them up against the wall, [01:06:10.500 --> 01:06:16.500] there's a good chance one of them is going to stick. [01:06:16.500 --> 01:06:19.500] So the more you throw at them, the more they have to answer, [01:06:19.500 --> 01:06:21.500] the more they have to deal with. [01:06:21.500 --> 01:06:23.500] And it's good practice. [01:06:23.500 --> 01:06:25.500] All right. [01:06:25.500 --> 01:06:27.500] Yeah. [01:06:27.500 --> 01:06:30.500] I guess the only other question as far as that goes then is, [01:06:30.500 --> 01:06:35.500] with the barritory thing, should I file a criminal complaint for that? [01:06:35.500 --> 01:06:37.500] Absolutely. [01:06:37.500 --> 01:06:41.500] And knowing they'll screw up the criminal complaint. [01:06:41.500 --> 01:06:47.500] And then everybody, you know, read your criminal procedure code on complaints [01:06:47.500 --> 01:06:52.500] and magistrates and look at the procedure, how it's supposed to go. [01:06:52.500 --> 01:07:00.500] Normally, a person prepares a criminal complaint and presents it to some magistrate. [01:07:00.500 --> 01:07:04.500] The magistrate makes a determination of probable cause and issues of warrant, [01:07:04.500 --> 01:07:11.500] and then the person's arrested or sent a summons. [01:07:11.500 --> 01:07:13.500] Look in your code and see what they're supposed to do. [01:07:13.500 --> 01:07:17.500] They're not going to do it. [01:07:17.500 --> 01:07:21.500] And so you know each step that they fail to take properly. [01:07:21.500 --> 01:07:26.500] When you start stinging them on minor little steps, [01:07:26.500 --> 01:07:32.500] like the magistrate held an examining trial and did not seal all the documents in an envelope [01:07:32.500 --> 01:07:34.500] and forward it to the clerk of the court of jurisdiction. [01:07:34.500 --> 01:07:42.500] That's what I'm doing to Victoria County. [01:07:42.500 --> 01:07:46.500] You just look at all of the procedures and make sure they're following them to the letter [01:07:46.500 --> 01:07:48.500] every time they don't file against them. [01:07:48.500 --> 01:07:53.500] And when you file against them, they won't act properly on your filings, [01:07:53.500 --> 01:07:56.500] and that's when you really land on them. [01:07:56.500 --> 01:08:00.500] I went to the Justice of the Peace and gave him some criminal complaints [01:08:00.500 --> 01:08:03.500] and asked him to issue a warrant the way the code told him to, [01:08:03.500 --> 01:08:07.500] and he refused to even read them because it wasn't a lawyer. [01:08:07.500 --> 01:08:09.500] Is that a fact, Jack? [01:08:09.500 --> 01:08:13.500] So now I've sued him personally. [01:08:13.500 --> 01:08:15.500] This is what will happen when you start going after them. [01:08:15.500 --> 01:08:18.500] It really doesn't matter what you go after them for. [01:08:18.500 --> 01:08:20.500] They'll screw up everything. [01:08:20.500 --> 01:08:28.500] Just read the criminal procedure code and your rules of civil procedure. [01:08:28.500 --> 01:08:35.500] To your knowledge, do you have litigation guides in Wisconsin? [01:08:35.500 --> 01:08:41.500] I did find one on eBay, I believe, that I'm going to be ordering here. [01:08:41.500 --> 01:08:42.500] Perfect. [01:08:42.500 --> 01:08:48.500] Once you've gone through that, is it a litigation guide for Wisconsin [01:08:48.500 --> 01:08:50.500] or is it for somewhere else? [01:08:50.500 --> 01:08:52.500] Yeah, it's for Wisconsin. [01:08:52.500 --> 01:08:55.500] I think it was like 2014 or something. [01:08:55.500 --> 01:09:00.500] Okay, see if you can find one on causes of action. [01:09:00.500 --> 01:09:06.500] If you can't find one for Wisconsin, causes of action are pretty well generic. [01:09:06.500 --> 01:09:11.500] Go on eBay and look for O'Connor's causes of action. [01:09:11.500 --> 01:09:14.500] They do Texas, California, and Fed. [01:09:14.500 --> 01:09:22.500] Fed is best because all the federal causes of action are pretty well transferred to the states. [01:09:22.500 --> 01:09:28.500] You look at that and it will give you a list of what all these causes of actions are. [01:09:28.500 --> 01:09:34.500] Then when you look them up, it will tell you what all of the elements of the causes of action are, [01:09:34.500 --> 01:09:38.500] and you'll be surprised at what you can go after them for. [01:09:38.500 --> 01:09:42.500] Then you start going after them and using the causes of action, [01:09:42.500 --> 01:09:47.500] and you'll really begin to get their attention. [01:09:47.500 --> 01:09:52.500] Okay, so I think this weekend I'm going to get that declaratory judgment done, [01:09:52.500 --> 01:09:54.500] and I think that will put a stop to everything. [01:09:54.500 --> 01:09:59.500] That will solve my continuance issue. [01:09:59.500 --> 01:10:03.500] You asked essentially for a plea and abatement. [01:10:03.500 --> 01:10:10.500] Abatement, at least in Texas, is an archaic term. [01:10:10.500 --> 01:10:23.500] An abatement is you ask the court to abate all proceedings until your petition for declaratory judgment can be heard. [01:10:23.500 --> 01:10:25.500] Okay. [01:10:25.500 --> 01:10:29.500] If you ask for just a continuance, that will give you 3690 days. [01:10:29.500 --> 01:10:39.500] But if you ask for an abatement based on another proceeding, then you'll get a longer time. [01:10:39.500 --> 01:10:41.500] That's my story of sticking to it. [01:10:41.500 --> 01:10:43.500] Okay, got anything else for us? [01:10:43.500 --> 01:10:44.500] All right. [01:10:44.500 --> 01:10:46.500] No, I think that's it for now. [01:10:46.500 --> 01:10:49.500] I mean, I could give you a lot more, but you've given me a lot of time here, [01:10:49.500 --> 01:10:52.500] and I think you've given me what I need to move forward here, [01:10:52.500 --> 01:10:55.500] and maybe I'll give you a call back next week or something. [01:10:55.500 --> 01:10:57.500] Okay, wonderful. [01:10:57.500 --> 01:10:58.500] Thank you, Jason. [01:10:58.500 --> 01:11:02.500] Now we're going to go to Jane in Texas. [01:11:02.500 --> 01:11:04.500] Wait, do we have a first-time caller? [01:11:04.500 --> 01:11:09.500] Hello, Jane. What do you have for us today? [01:11:09.500 --> 01:11:11.500] Hello? [01:11:11.500 --> 01:11:12.500] Hello, Jane. [01:11:12.500 --> 01:11:14.500] Are you on a hands-free? [01:11:14.500 --> 01:11:16.500] You sound like you have a head in the toilet. [01:11:16.500 --> 01:11:19.500] Well, I was running back in from the garage. [01:11:19.500 --> 01:11:20.500] Okay, yeah, that's much better. [01:11:20.500 --> 01:11:22.500] You sound good now. [01:11:22.500 --> 01:11:23.500] How are you? [01:11:23.500 --> 01:11:26.500] Wait, were you sure you didn't have a head in the toilet? [01:11:26.500 --> 01:11:27.500] No, I'm sure I did. [01:11:27.500 --> 01:11:28.500] Never mind. [01:11:28.500 --> 01:11:30.500] Okay. [01:11:30.500 --> 01:11:36.500] I mean, running back and forth from the garage trying to work and get on my car, I guess. [01:11:36.500 --> 01:11:40.500] Okay, what do you have for us today? [01:11:40.500 --> 01:11:45.500] Well, okay, I'm a little bit confused. [01:11:45.500 --> 01:11:47.500] Okay, not Randy. [01:11:47.500 --> 01:11:52.500] Andy keeps telling me that I can challenge the subject matter jurisdiction at any time, [01:11:52.500 --> 01:11:57.500] and I understand that, but I got a letter from Irving today. [01:11:57.500 --> 01:12:00.500] Shut up, bully. [01:12:00.500 --> 01:12:13.500] It's saying that the status of my citation for Irving Municipal Court, the status date is September 19th, [01:12:13.500 --> 01:12:19.500] meaning that I need to have something done by then, or they're going to come after me or something. [01:12:19.500 --> 01:12:21.500] I don't know, for $1,000. [01:12:21.500 --> 01:12:23.500] But I have a response. [01:12:23.500 --> 01:12:26.500] Status? What is a status date? [01:12:26.500 --> 01:12:34.500] Well, they know that I am appealing, because I already filed a notice of appeal, [01:12:34.500 --> 01:12:37.500] but at the same time, I filed a motion for a new trial. [01:12:37.500 --> 01:12:48.500] But it says it has the two charges, and it says the request is under review. [01:12:48.500 --> 01:13:09.500] It says the judge took no action on the above citation, and that the status is September 19, 2022. [01:13:09.500 --> 01:13:15.500] It says current status is judgment, 30-day extension. [01:13:15.500 --> 01:13:17.500] That doesn't make sense. [01:13:17.500 --> 01:13:22.500] Status? Are they requiring a status hearing? [01:13:22.500 --> 01:13:28.500] No, but I think because they denied my motion to new trial, [01:13:28.500 --> 01:13:32.500] and at the same time, I filed a notice of intent to appeal. [01:13:32.500 --> 01:13:39.500] I haven't written an appeal brief, but what I was going to file was a couple of motions [01:13:39.500 --> 01:13:47.500] that they're challenging the jurisdiction as far as a prosecuting attorney and one other one. [01:13:47.500 --> 01:13:54.500] It's not the establishment of the court, because that one's a little bit hazy right now. [01:13:54.500 --> 01:14:00.500] I don't know about you, but it sounds to me like this is something that they're trying to get you [01:14:00.500 --> 01:14:06.500] to let the clock run out on your opportunity to appeal this, [01:14:06.500 --> 01:14:09.500] because their plenary power doesn't just last forever. [01:14:09.500 --> 01:14:14.500] They get the chance to fix their issues, and if they've already said they're not going to, [01:14:14.500 --> 01:14:17.500] then the only thing you've got left is go to the appellate court. [01:14:17.500 --> 01:14:21.500] If they're saying they're not going to address the issues, they won't give you findings of fact, [01:14:21.500 --> 01:14:26.500] they won't give you anything, they're not going to do a motion, they're not going to do your new trial, [01:14:26.500 --> 01:14:30.500] they're not going to reconsider, they will not fix, modify, correct nothing, [01:14:30.500 --> 01:14:36.500] then what in the world would there be a reason to say, oh, let's wait one more month, [01:14:36.500 --> 01:14:41.500] let the clock tick for another month, and then, no. [01:14:41.500 --> 01:14:46.500] You might file a mandamus, a petition for writ of mandamus, [01:14:46.500 --> 01:14:54.500] asking the appellate court to order the trial court to give you findings of fact. [01:14:54.500 --> 01:15:01.500] And to give you the transcript that you need per Texas Rules of Appellate Procedure 34.5 [01:15:01.500 --> 01:15:03.500] so that you can get over into the appellate court. [01:15:03.500 --> 01:15:08.500] Yeah, and that will stop the clock. That will stop the appellate clock. [01:15:08.500 --> 01:15:12.500] This is where I have all the questions, right there where you discuss these things. [01:15:12.500 --> 01:15:16.500] I already got findings of fact. I got findings of fact on both of those. They sent me both of those. [01:15:16.500 --> 01:15:23.500] But it doesn't say why they found it the way it was, it just says that I had a trial, [01:15:23.500 --> 01:15:27.500] that they found me guilty, blah, blah, blah. Boom. [01:15:27.500 --> 01:15:31.500] It's the because I said so kind of facts. [01:15:31.500 --> 01:15:39.500] You might file a most clarification because the findings of fact and conclusions at law [01:15:39.500 --> 01:15:42.500] didn't include fact and law. [01:15:42.500 --> 01:15:47.500] That's right. [01:15:47.500 --> 01:15:54.500] Ask the court what facts they found and what law the court applied to the facts. [01:15:54.500 --> 01:16:05.500] Because under Walker v. Packer, the judge has no discretion in properly applying the law to the facts. [01:16:05.500 --> 01:16:11.500] And you ask the court to show how it properly applied the law to the facts. [01:16:11.500 --> 01:16:17.500] And if it refuses to tell you, then you file a judicial conduct complaint accusing him, [01:16:17.500 --> 01:16:26.500] the court, of not properly applying the law to the facts and refusing to give you the basis of his ruling [01:16:26.500 --> 01:16:32.500] and thereby denying you in your right to a proper appeal. [01:16:32.500 --> 01:16:39.500] Well, actually, I'm appealing. I already filed a notice of appeal a while back, but I haven't filed the appeal. [01:16:39.500 --> 01:16:42.500] No, no, no. Hold on. You missed that. [01:16:42.500 --> 01:16:45.500] I didn't say they kept you from appealing. [01:16:45.500 --> 01:16:48.500] They didn't give you what you needed so you could appeal. [01:16:48.500 --> 01:16:52.500] You don't know what to appeal because you don't know what the judge ruled on. [01:16:52.500 --> 01:17:00.500] Hang on, Randy Kelton, Brett Fountain, Rue La Radio. We'll be right back. [01:17:00.500 --> 01:17:05.500] Are you being harassed by debt collectors with phone calls, letters or even lawsuits? [01:17:05.500 --> 01:17:09.500] Stop debt collectors now with the Michael Mears Proven Method. [01:17:09.500 --> 01:17:14.500] Michael Mears has won six cases in federal court against debt collectors and now you can win two. [01:17:14.500 --> 01:17:20.500] You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes. [01:17:20.500 --> 01:17:24.500] What to do when contacted by phone, mail or court summons. [01:17:24.500 --> 01:17:26.500] How to answer letters and phone calls. [01:17:26.500 --> 01:17:29.500] How to get debt collectors out of your credit report. [01:17:29.500 --> 01:17:33.500] How to turn the financial tables on them and make them pay you to go away. [01:17:33.500 --> 01:17:38.500] The Michael Mears Proven Method is the solution for how to stop debt collectors. [01:17:38.500 --> 01:17:40.500] Personal consultation is available as well. [01:17:40.500 --> 01:17:49.500] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner or email michaelmears at yahoo.com. [01:17:49.500 --> 01:17:59.500] 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. [01:17:59.500 --> 01:18:04.500] I love Logos. Without the shows on this network, I'd be almost as ignorant as my friends. [01:18:04.500 --> 01:18:07.500] I'm so addicted to the truth now that there's no going back. [01:18:07.500 --> 01:18:10.500] I need my truth pick. I'd be lost without Logos. [01:18:10.500 --> 01:18:13.500] And I really want to help keep this network on the air. [01:18:13.500 --> 01:18:20.500] I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't have any money to give because I spent it all on supplements. [01:18:20.500 --> 01:18:22.500] How can I help Logos? [01:18:22.500 --> 01:18:24.500] Well, I'm glad you asked. [01:18:24.500 --> 01:18:27.500] Whenever you order anything from Amazon, you can help Logos. [01:18:27.500 --> 01:18:31.500] When ordering your supplies or holiday gifts, the first thing you do is clear your cookies. [01:18:31.500 --> 01:18:37.500] Now, go to LogosRadioNetwork.com. Click on the Amazon logo and bookmark it. [01:18:37.500 --> 01:18:43.500] Now, when you order anything from Amazon, you use that link and Logos gets a few pesos. [01:18:43.500 --> 01:18:44.500] Do I pay extra? [01:18:44.500 --> 01:18:45.500] No. [01:18:45.500 --> 01:18:47.500] Do you have to do anything different when I order? [01:18:47.500 --> 01:18:48.500] No. [01:18:48.500 --> 01:18:49.500] Can I use my Amazon Prime? [01:18:49.500 --> 01:18:51.500] No. I mean, yes. [01:18:51.500 --> 01:18:55.500] Wow. Giving without doing anything or spending any money. This is perfect. [01:18:55.500 --> 01:18:57.500] Thank you so much. [01:18:57.500 --> 01:18:58.500] We are welcome. [01:18:58.500 --> 01:19:26.500] Happy Holidays, Logos. [01:19:28.500 --> 01:19:42.500] Okay. We are back. Randy Kelton, Brett Fountain, Wheel of Law Radio. [01:19:42.500 --> 01:19:44.500] We're talking to Jane in Texas. [01:19:44.500 --> 01:19:55.500] And the judge, by not telling you how he made his ruling, leaves you with no way to know how to appeal your particular issue. [01:19:55.500 --> 01:20:00.500] Jane, is the Irving Court a court of record? [01:20:00.500 --> 01:20:03.500] Yes. [01:20:03.500 --> 01:20:11.500] Then as a court of record, you have to appeal based on point, based on legal error. [01:20:11.500 --> 01:20:21.500] And without knowing how the judge ruled, she's denying, the judge is denying you and your right to file a proper appeal. [01:20:21.500 --> 01:20:24.500] Well, I found it. Do you want to hear what it says? [01:20:24.500 --> 01:20:25.500] Yes. [01:20:25.500 --> 01:20:32.500] Okay. It says, based on the evidence admitted into record and controlling authorities, the court enters the following findings. [01:20:32.500 --> 01:20:34.500] In fact, the conclusions are lost. [01:20:34.500 --> 01:20:41.500] Then they state my name. They said I had a bench trial for the offense with the value under $100. [01:20:41.500 --> 01:20:47.500] The trial proceeded with the state presenting two credible witnesses, which I just proved both of them being credible. [01:20:47.500 --> 01:20:49.500] I called them in alive. [01:20:49.500 --> 01:20:52.500] Don't, don't, just go straight through. Don't argue it. [01:20:52.500 --> 01:21:02.500] I'm sorry. An uncontroverted video supporting the taking of the property without consent of the victim, weighing the legally admissible evidence, [01:21:02.500 --> 01:21:12.500] the court rules that the state of Texas has proved each element of the offense charged before, beyond a reasonable doubt, and found Jane Gray Litch guilty. [01:21:12.500 --> 01:21:18.500] Okay. That is not findings affecting conclusions at law. [01:21:18.500 --> 01:21:24.500] Well, then it has another paragraph saying conclusions of law, and it has seven items. [01:21:24.500 --> 01:21:32.500] And one of them that I was charged with this, you know, the theft, which, you know, I hate to even say that because that's not really theft. [01:21:32.500 --> 01:21:38.500] And then then this is the first time they have mentioned Texas Penal Code 3103. [01:21:38.500 --> 01:21:42.500] And they had never put those on the citations or anything until now. [01:21:42.500 --> 01:21:55.500] So number two, it says the complaint charged, charging that me met the requisite and was properly sworn to accordance with the Texas Code of Criminal Procedure, Article 45.019. [01:21:55.500 --> 01:22:06.500] And then it says Jane Lynch charged was properly presented to the Urban Municipal Court by a complaint filed under Texas Code of Criminal Procedure 45.018. [01:22:06.500 --> 01:22:17.500] And then it says Jane Gray Lynch requested a waiver of a jury trial on July 20th, the date of the trial, and the waiver was granted after hearing the matter presented to Texas. [01:22:17.500 --> 01:22:21.500] Okay. Hold on. She's just giving you a synopsis of the trial. [01:22:21.500 --> 01:22:22.500] Yes. [01:22:22.500 --> 01:22:25.500] You need to file for clarification. [01:22:25.500 --> 01:22:33.500] The only thing she left out was what color hair people had. She didn't say anything about what was, how she got there. [01:22:33.500 --> 01:22:35.500] It's a hem, actually. [01:22:35.500 --> 01:22:36.500] Oh. [01:22:36.500 --> 01:22:50.500] You need to file a motion for clarification that the findings of fact and conclusions of law have presented no findings of fact, nor has it presented law that it applied to those facts. [01:22:50.500 --> 01:22:52.500] Okay. Okay. [01:22:52.500 --> 01:22:53.500] All right. [01:22:53.500 --> 01:23:13.500] Ask her to produce those. You need to know how to appeal, and you can't appeal unless you know what law was considered and what facts were developed and what law was applied to those facts. [01:23:13.500 --> 01:23:14.500] Okay. [01:23:14.500 --> 01:23:15.500] Okay. [01:23:15.500 --> 01:23:17.500] Obviously, they don't know how to do those things. [01:23:17.500 --> 01:23:22.500] Well, but let me say this. You got their attention. [01:23:22.500 --> 01:23:23.500] Mm-hmm. [01:23:23.500 --> 01:23:30.500] You actually got them to file something. She's probably never done that in her whole career. [01:23:30.500 --> 01:23:31.500] Probably not. [01:23:31.500 --> 01:23:40.500] You got her off the dime, and you got her to do it. This is very likely to get overturned on appeal. [01:23:40.500 --> 01:23:41.500] Right. [01:23:41.500 --> 01:23:50.500] But file for clarification and try to explain to her what you're asking for. [01:23:50.500 --> 01:24:00.500] You need to know what facts were put before the court and what law did you apply to those facts to come to the conclusions that you came to. [01:24:00.500 --> 01:24:02.500] I wish I had called you last weekend. [01:24:02.500 --> 01:24:04.500] Please, Louise. [01:24:04.500 --> 01:24:05.500] Okay. [01:24:05.500 --> 01:24:08.500] I need to get that done, but here's the other thing. [01:24:08.500 --> 01:24:21.500] Okay. On the appeals part of it, since I am challenging subject matter jurisdiction, which I'm challenging, the state prosecutor being able to prosecute me and the examining trial. [01:24:21.500 --> 01:24:23.500] Those are the two things I'm going to challenge on. [01:24:23.500 --> 01:24:29.500] Wait a minute. Wait a minute. I missed that last one. You're charging – say those again. [01:24:29.500 --> 01:24:36.500] The state prosecutor charging me under the name of state, her prosecuting me under the name of state, which she cannot do. [01:24:36.500 --> 01:24:45.500] And in the examining trial, lack of an examining trial, that is required by Texas Constitution. [01:24:45.500 --> 01:24:56.500] Actually it's not. Have you got my 1617 motion? [01:24:56.500 --> 01:24:59.500] Where is it that you're saying that it's not? Because I'm not – [01:24:59.500 --> 01:25:01.500] You're not listening. You're not listening. [01:25:01.500 --> 01:25:05.500] I have a brief on that subject. [01:25:05.500 --> 01:25:11.500] It's not commanded by constitution, and this is what the argument says. [01:25:11.500 --> 01:25:21.500] You do not have a right to an examining trial, but then you don't have a right to be arrested either. [01:25:21.500 --> 01:25:22.500] Right. [01:25:22.500 --> 01:25:31.500] You don't have a right to be taken to jail. An examining trial is commanded by statute. [01:25:31.500 --> 01:25:32.500] Yes. [01:25:32.500 --> 01:25:41.500] And the public officials have a duty to abide by statute. [01:25:41.500 --> 01:25:49.500] That goes to procedural due process, and procedural due process is something you have a right to. [01:25:49.500 --> 01:25:51.500] Uh-huh. [01:25:51.500 --> 01:25:57.500] It's about getting the argument correct so they can't dance around it. [01:25:57.500 --> 01:25:58.500] Wow. [01:25:58.500 --> 01:26:03.500] Yeah, yeah, yeah, yeah, you're right. We don't have a right to an examining trial. [01:26:03.500 --> 01:26:07.500] But you have a statutory duty to hold one. [01:26:07.500 --> 01:26:09.500] That's right. [01:26:09.500 --> 01:26:17.500] And that statutory duty establishes our right to a reasonable expectation of procedural due process. [01:26:17.500 --> 01:26:27.500] That means we have a right to a reasonable expectation that you will follow the law as it is written. [01:26:27.500 --> 01:26:29.500] That we have a right to. [01:26:29.500 --> 01:26:39.500] I told that to a municipal judge in Highland Park, and he said after the trial, he said, [01:26:39.500 --> 01:26:50.500] you know, Mr. Kelton, I represent criminal clients in my day job, and we've been trying to get examining trials for them. [01:26:50.500 --> 01:26:54.500] I could use this in my practice. [01:26:54.500 --> 01:26:55.500] Cool. [01:26:55.500 --> 01:26:59.500] So he got it. He was a lawyer, but he got it immediately. [01:26:59.500 --> 01:27:03.500] And your JP will get it. [01:27:03.500 --> 01:27:07.500] And I'm going to suggest not being so angry at your JP. [01:27:07.500 --> 01:27:10.500] I have a son-in-law who's a JP. [01:27:10.500 --> 01:27:13.500] Yeah, municipal court is actually a municipal court. [01:27:13.500 --> 01:27:16.500] Yeah, well, JP and municipal are about the same. [01:27:16.500 --> 01:27:21.500] And he's doing the same thing these judges are doing, but he's doing what he's trained to do. [01:27:21.500 --> 01:27:22.500] Uh-huh. [01:27:22.500 --> 01:27:28.500] And when Jane Lynch comes in there and says, you know what you're doing and what you've been doing your whole career [01:27:28.500 --> 01:27:33.500] and all these other public officials have been doing for the last 30 years, it's all wrong and I'm right. [01:27:33.500 --> 01:27:34.500] Uh-huh. [01:27:34.500 --> 01:27:37.500] Yeah, what do you expect them to do? [01:27:37.500 --> 01:27:39.500] Yeah, give me a break. [01:27:39.500 --> 01:27:42.500] A personal friend of mine was a JP. [01:27:42.500 --> 01:27:49.500] I ran him through this, and he said, Mr. Kelton, are you telling me that what I did for 20 years as a police officer [01:27:49.500 --> 01:27:53.500] and then 13 years as a justice of the peace was wrong? [01:27:53.500 --> 01:27:59.500] That what everybody else that I worked with all this time, what they were doing was wrong and you're right. [01:27:59.500 --> 01:28:02.500] I said, don't ask me, Mark. [01:28:02.500 --> 01:28:03.500] I didn't write the code. [01:28:03.500 --> 01:28:04.500] I just read it. [01:28:04.500 --> 01:28:05.500] Here it is. [01:28:05.500 --> 01:28:08.500] He couldn't wrap his head around that. [01:28:08.500 --> 01:28:16.500] But the fact that this judge wrote you something that was intended as findings of facts and conclusions at law, [01:28:16.500 --> 01:28:21.500] there is absolutely nothing in law that commands her to do that or him to do that. [01:28:21.500 --> 01:28:22.500] Uh-huh. [01:28:22.500 --> 01:28:27.500] That only goes to district judges, the requirement under Rule 297. [01:28:27.500 --> 01:28:36.500] But the fact that you got her to do this tells me you're training this JP or this municipal judge. [01:28:36.500 --> 01:28:37.500] You got her. [01:28:37.500 --> 01:28:39.500] You got their attention. [01:28:39.500 --> 01:28:43.500] Stay with it. [01:28:43.500 --> 01:28:44.500] Stay with it. [01:28:44.500 --> 01:28:46.500] You're winning this battle. [01:28:46.500 --> 01:28:47.500] Okay. [01:28:47.500 --> 01:28:50.500] But here's the big question I have, and this goes to the appeals. [01:28:50.500 --> 01:28:51.500] Okay. [01:28:51.500 --> 01:28:53.500] Here's the thing. [01:28:53.500 --> 01:29:01.500] Andy keeps hollering at me saying, why do you keep going back to that court and mulling over their offenses and blah, blah, blah? [01:29:01.500 --> 01:29:03.500] He says, that is not even an issue now. [01:29:03.500 --> 01:29:05.500] You're not in that court now. [01:29:05.500 --> 01:29:11.500] You're going to go to the appeals court and you're going to challenge these things, which I told you what I was going to challenge. [01:29:11.500 --> 01:29:18.500] So with that in mind, to me it's like I need to ignore everything about the municipal court. [01:29:18.500 --> 01:29:20.500] No, no, no, no, no. [01:29:20.500 --> 01:29:24.500] You want them to give you ammunition you can use in the next court. [01:29:24.500 --> 01:29:25.500] Okay. [01:29:25.500 --> 01:29:26.500] And he's right. [01:29:26.500 --> 01:29:29.500] You're heading to the next court. [01:29:29.500 --> 01:29:31.500] But you haven't finished with these guys. [01:29:31.500 --> 01:29:34.500] They haven't given you everything you need to take to the next court. [01:29:34.500 --> 01:29:35.500] Okay. [01:29:35.500 --> 01:29:37.500] Judge, you rendered this ruling. [01:29:37.500 --> 01:29:38.500] Where did you get this ruling? [01:29:38.500 --> 01:29:40.500] Did you pull it out of your behind? [01:29:40.500 --> 01:29:41.500] Why? [01:29:41.500 --> 01:29:43.500] Show me how you got there. [01:29:43.500 --> 01:29:52.500] Show me how you acted in good faith and applied law to facts so I can challenge the application of that law to those facts. [01:29:52.500 --> 01:29:53.500] Okay. [01:29:53.500 --> 01:29:54.500] That's what the appeal is about. [01:29:54.500 --> 01:29:56.500] Hang on, Randy Kelton, Brett Fountain. [01:29:56.500 --> 01:29:57.500] We'll radio. [01:29:57.500 --> 01:29:59.500] We'll be right back. [01:29:59.500 --> 01:30:04.500] A top cybersecurity expert has a warning for America. [01:30:04.500 --> 01:30:11.500] If you build an electrical smart grid, the hackers will come and they could cause a catastrophic blackout. [01:30:11.500 --> 01:30:15.500] I'm Dr. Catherine Albrecht, back with the shocking details in a moment. [01:30:15.500 --> 01:30:17.500] Privacy is under attack. [01:30:17.500 --> 01:30:21.500] When you give up data about yourself, you'll never get it back again. [01:30:21.500 --> 01:30:26.500] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:26.500 --> 01:30:27.500] So protect your rights. [01:30:27.500 --> 01:30:31.500] Say no to surveillance and keep your information to yourself. [01:30:31.500 --> 01:30:34.500] Privacy, it's worth hanging on to. [01:30:34.500 --> 01:30:41.500] This message is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. [01:30:41.500 --> 01:30:45.500] Start over with Startpage. [01:30:45.500 --> 01:30:52.500] Governments love power, so it's only natural they'd want to control the power going into your home too with a smart grid. [01:30:52.500 --> 01:30:59.500] So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure. [01:30:59.500 --> 01:31:02.500] But cybersecurity expert David Chalk says not so fast. [01:31:02.500 --> 01:31:08.500] If we make the national power grid controllable through the web, hackers will have a field day. [01:31:08.500 --> 01:31:14.500] Working remotely, they could tap in and black out the entire nation, leaving us vulnerable to our enemies. [01:31:14.500 --> 01:31:18.500] I've long opposed smart meters for privacy and health reasons. [01:31:18.500 --> 01:31:21.500] The catastrophic failures caused by hackers? [01:31:21.500 --> 01:31:23.500] There's nothing smart about that. [01:31:23.500 --> 01:31:30.500] Hi, Dr. Catherine Albrecht for Startpage.com, the world's most private search engine. [01:31:30.500 --> 01:31:36.500] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:31:36.500 --> 01:31:38.500] The government says that fire brought it down. [01:31:38.500 --> 01:31:43.500] However, 1,500 architects and engineers have concluded it was a controlled demolition. [01:31:43.500 --> 01:31:46.500] Over 6,000 of my fellow service members have given their lives. [01:31:46.500 --> 01:31:49.500] And thousands of my fellow first responders are dying. [01:31:49.500 --> 01:31:50.500] I'm not a conspiracy theorist. [01:31:50.500 --> 01:31:51.500] I'm a structural engineer. [01:31:51.500 --> 01:31:52.500] I'm a New York City correctional. [01:31:52.500 --> 01:31:53.500] I'm an Air Force pilot. [01:31:53.500 --> 01:31:55.500] I'm a father who lost his son. [01:31:55.500 --> 01:31:58.500] We're Americans, and we deserve the truth. [01:31:58.500 --> 01:32:02.500] Go to RememberBuilding7.org today. [01:32:02.500 --> 01:32:05.500] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [01:32:05.500 --> 01:32:08.500] In today's America, we live in an us-against-them society. [01:32:08.500 --> 01:32:13.500] 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. [01:32:13.500 --> 01:32:17.500] Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, [01:32:17.500 --> 01:32:20.500] and most importantly, the right to due process of law. [01:32:20.500 --> 01:32:26.500] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process. [01:32:26.500 --> 01:32:29.500] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, [01:32:29.500 --> 01:32:34.500] has put together the most comprehensive teaching tool available that will help you understand what due process is [01:32:34.500 --> 01:32:36.500] and how to hold courts to the rule of law. [01:32:36.500 --> 01:32:41.500] You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today. [01:32:41.500 --> 01:32:46.500] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, [01:32:46.500 --> 01:32:51.500] and also an audio of the original 2009 seminar, hundreds of research documents, and other useful resource material. [01:32:51.500 --> 01:32:55.500] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [01:32:55.500 --> 01:33:01.500] Order your copy today, and together we can have the free society we all want and deserve. [01:33:01.500 --> 01:33:16.500] You are listening to the Logos Radio Network, logosradionetwork.com. [01:33:16.500 --> 01:33:33.500] Okay, we are back. [01:33:33.500 --> 01:33:36.500] Randy Kelton, Brett Fountain, Rule of Law Radio. [01:33:36.500 --> 01:33:39.500] And, Jane, I hope that this is beginning to make sense. [01:33:39.500 --> 01:33:41.500] And I do want to comment. [01:33:41.500 --> 01:33:48.500] You are asking a lot more sophisticated questions. [01:33:48.500 --> 01:33:50.500] Good. [01:33:50.500 --> 01:33:53.500] You're getting it together. [01:33:53.500 --> 01:33:55.500] Well, it's about time. [01:33:55.500 --> 01:33:58.500] I'm in three different courts right now. [01:33:58.500 --> 01:34:00.500] This is the way it always happens. [01:34:00.500 --> 01:34:07.500] You have to go all the way through the court to the end before you get it all put together. [01:34:07.500 --> 01:34:15.500] Now, if they come after you again, the next time, you will know how to set them up for each of the steps that you're going to. [01:34:15.500 --> 01:34:23.500] And here, you want to force that judge to tell you what law the judge applied to what facts. [01:34:23.500 --> 01:34:25.500] Right. [01:34:25.500 --> 01:34:29.500] And it certainly sounds like you've got the judge's attention. [01:34:29.500 --> 01:34:33.500] Well, I still have another question about the appeal. [01:34:33.500 --> 01:34:37.500] Okay, just hear me out. [01:34:37.500 --> 01:34:48.500] Like I said, I'm not trying to even talk about what happened in the trial court, but in the appeal, [01:34:48.500 --> 01:34:51.500] but I'm not going to file a motion for oral hearing. [01:34:51.500 --> 01:34:52.500] You know what I'm saying? [01:34:52.500 --> 01:34:54.500] I'm not going to have oral argument. [01:34:54.500 --> 01:35:02.500] I just finished an objection to oral argument and demand that the court rule on the pleadings. [01:35:02.500 --> 01:35:03.500] Right. [01:35:03.500 --> 01:35:05.500] And that's what I'm going to do. [01:35:05.500 --> 01:35:10.500] And so, but I want them to dismiss the charges. [01:35:10.500 --> 01:35:16.500] But then again, I actually, I really don't care about the dismissal because I'm trying to get to the Supreme Court. [01:35:16.500 --> 01:35:24.500] Actually, I want to get to the highest court I can so that they have to make a ruling on the actual laws that we're trying to change. [01:35:24.500 --> 01:35:26.500] You know what I'm saying? [01:35:26.500 --> 01:35:28.500] With the challenges that we have. [01:35:28.500 --> 01:35:37.500] So with that in mind, the appeals, I don't really need to get the transcripts or anything like that. [01:35:37.500 --> 01:35:49.500] The transcripts, even though I've already filed and told them and cited State Bill 753, it says that they have to provide it, [01:35:49.500 --> 01:35:57.500] especially if somebody, at no charge if somebody has filed an affirmative inability to pay, which I have. [01:35:57.500 --> 01:36:03.500] When you file an affidavit for inability to pay, they've got three days to respond. [01:36:03.500 --> 01:36:06.500] If they don't, then they can't. [01:36:06.500 --> 01:36:08.500] So no one can object. [01:36:08.500 --> 01:36:13.500] If you've been declared indigent, then no one can object. [01:36:13.500 --> 01:36:14.500] Right. [01:36:14.500 --> 01:36:15.500] And so then I filed for that. [01:36:15.500 --> 01:36:18.500] I filed for that about a week ago to get a copy of the transcript. [01:36:18.500 --> 01:36:20.500] And I guess maybe that's in the works. [01:36:20.500 --> 01:36:27.500] I don't know, but with that, since I'm not going for the citation in the appeals court, [01:36:27.500 --> 01:36:32.500] I don't even need to worry about filing anything like that, do I? [01:36:32.500 --> 01:36:34.500] The transcript. [01:36:34.500 --> 01:36:36.500] Absolutely you have to have the transcript. [01:36:36.500 --> 01:36:40.500] You can't get to the appellate court without a transcript. [01:36:40.500 --> 01:36:43.500] But I'm challenging jurisdiction not to... [01:36:43.500 --> 01:36:45.500] It doesn't matter. [01:36:45.500 --> 01:36:46.500] Okay. [01:36:46.500 --> 01:36:47.500] Yeah. [01:36:47.500 --> 01:36:48.500] All right. [01:36:48.500 --> 01:36:54.500] Well, where you can get around that is a petition for writ of mandamus. [01:36:54.500 --> 01:36:56.500] Okay. [01:36:56.500 --> 01:37:01.500] So you're not trying to challenge what went on in the trial court. [01:37:01.500 --> 01:37:04.500] So that would be in an appeal. [01:37:04.500 --> 01:37:10.500] But if you're challenging subject matter jurisdiction and the court denies you subject matter jurisdiction, [01:37:10.500 --> 01:37:17.500] that's grounds for a petition for writ of mandamus. [01:37:17.500 --> 01:37:23.500] You file with the appellate court and you say you do not have jurisdiction. [01:37:23.500 --> 01:37:28.500] You don't have jurisdiction because the trial court never had jurisdiction. [01:37:28.500 --> 01:37:34.500] And you ask them to rule that they don't have jurisdiction and neither did the trial court. [01:37:34.500 --> 01:37:40.500] And you can do that in a mandamus without having all the appeal issues. [01:37:40.500 --> 01:37:43.500] Well, here's the issue with that. [01:37:43.500 --> 01:37:50.500] Because the county appeals court, Dallas County appeals, have ruled on these cases like Martin V. State, [01:37:50.500 --> 01:37:55.500] Bailey v. State, and they're all ruling and keeping the convictions, you know, [01:37:55.500 --> 01:38:03.500] keeping them stars on the people and denying their challenge, you know, the constitutional challenges. [01:38:03.500 --> 01:38:06.500] So I'm not trying to have that happen. [01:38:06.500 --> 01:38:09.500] Actually, those other people, I don't think they went higher than that court. [01:38:09.500 --> 01:38:14.500] I think they just went ahead and gave up and, you know, was what it was. [01:38:14.500 --> 01:38:19.500] Okay. Well, let me tell you what the problem is. [01:38:19.500 --> 01:38:27.500] If you can get the appellate court to accept your appeals, because they don't have to. [01:38:27.500 --> 01:38:30.500] They can turn it down, but most times they accept it. [01:38:30.500 --> 01:38:39.500] What is very difficult is getting the Supreme to accept your certiorari. [01:38:39.500 --> 01:38:43.500] That happens very rarely. [01:38:43.500 --> 01:38:48.500] So if you're counting on the Supreme Court hearing your issue, [01:38:48.500 --> 01:38:53.500] they'll hear about 2% of what's filed with them. [01:38:53.500 --> 01:38:56.500] Well, I know I had to get to the court of criminal appeals. [01:38:56.500 --> 01:39:00.500] I mean, it's Texas criminal appeals court before I get there. [01:39:00.500 --> 01:39:02.500] You know, I'll have to go to two more courts. [01:39:02.500 --> 01:39:03.500] I'm sorry. [01:39:03.500 --> 01:39:04.500] I said Supreme. [01:39:04.500 --> 01:39:05.500] You're a criminal. [01:39:05.500 --> 01:39:08.500] Supreme has no standing here. [01:39:08.500 --> 01:39:11.500] It's the court of criminal appeals. [01:39:11.500 --> 01:39:16.500] Texas has two high courts, and for criminal, it would be court of criminal appeals. [01:39:16.500 --> 01:39:18.500] They don't have to pick up your issue. [01:39:18.500 --> 01:39:20.500] They don't have to rule on it. [01:39:20.500 --> 01:39:22.500] Okay. [01:39:22.500 --> 01:39:28.500] And unless it's a new, generally a new issue or something that hasn't been adequately addressed, [01:39:28.500 --> 01:39:30.500] they tend not to pick it up. [01:39:30.500 --> 01:39:38.500] Well, it hasn't been adequately addressed because it hasn't gotten past the court of appeals. [01:39:38.500 --> 01:39:42.500] Wrong logic. [01:39:42.500 --> 01:39:52.500] You know, what I'm saying is the court of criminal appeals tends to take up first blush issues, [01:39:52.500 --> 01:39:55.500] issues that have not been adjudicated through the courts before. [01:39:55.500 --> 01:39:57.500] Okay. [01:39:57.500 --> 01:40:01.500] And if it's an issue that's been ruled on by the courts numerous times, [01:40:01.500 --> 01:40:04.500] they'll often not even address it at all. [01:40:04.500 --> 01:40:08.500] But what I'm saying is the higher court, not the court of appeals, [01:40:08.500 --> 01:40:14.500] the one that's above criminal appeals court, which is the highest court of the criminal appeals in Texas, [01:40:14.500 --> 01:40:22.500] if all the cases where people have challenged the jurisdiction as far as constitutionally or statute, [01:40:22.500 --> 01:40:26.500] if those have been denied at the court of appeals, [01:40:26.500 --> 01:40:35.500] and then the higher court has never heard those cases because they've always gotten rejected at the lower court, [01:40:35.500 --> 01:40:42.500] then how would that, I mean, because you know of any Texas court of criminal appeal cases [01:40:42.500 --> 01:40:44.500] where they've had these kind of challenges? [01:40:44.500 --> 01:40:46.500] Yes. [01:40:46.500 --> 01:40:48.500] That's easy enough to look up. [01:40:48.500 --> 01:40:55.500] I'm helping someone with a case now where they just collaborated in the lower courts and the court of appeals, [01:40:55.500 --> 01:41:02.500] and he filed a cert and the court of criminal appeals picked it up [01:41:02.500 --> 01:41:10.500] and denied the claim, you know, ruled that the court never had jurisdiction from the beginning. [01:41:10.500 --> 01:41:12.500] So yes, it does happen. [01:41:12.500 --> 01:41:17.500] But it doesn't happen unless you bring them a new issue. [01:41:17.500 --> 01:41:19.500] Okay. [01:41:19.500 --> 01:41:21.500] Well, I need to find out what the issues were that he brought. [01:41:21.500 --> 01:41:22.500] Yeah. [01:41:22.500 --> 01:41:25.500] You have to search the records. [01:41:25.500 --> 01:41:30.500] If it's an issue they've already ruled on two or three times, they're not going to take it. [01:41:30.500 --> 01:41:32.500] Well, I know, but how do you know what cases? [01:41:32.500 --> 01:41:36.500] I mean, because I've looked on their site and it has their cases on there, [01:41:36.500 --> 01:41:39.500] but you mean that I have to go through everything from case to find one that... [01:41:39.500 --> 01:41:41.500] No, no, no, no, no. [01:41:41.500 --> 01:41:42.500] Go on Google. [01:41:42.500 --> 01:41:47.500] Google is my search engine of choice. [01:41:47.500 --> 01:41:48.500] Yeah. [01:41:48.500 --> 01:41:49.500] Yeah, it is. [01:41:49.500 --> 01:41:52.500] And craft your questions carefully. [01:41:52.500 --> 01:41:59.500] Google has gotten pretty good with artificial intelligence and is really good at finding your answers. [01:41:59.500 --> 01:42:00.500] Okay. [01:42:00.500 --> 01:42:02.500] I asked a question. [01:42:02.500 --> 01:42:09.500] Texas, pleadings that must be verified. [01:42:09.500 --> 01:42:13.500] Bam, first hit rule 93. [01:42:13.500 --> 01:42:15.500] Okay. [01:42:15.500 --> 01:42:20.500] So it's pretty good at understanding human language. [01:42:20.500 --> 01:42:32.500] And what you're looking for are websites by lawyers who have knowledge in special issues and they'll write treatises. [01:42:32.500 --> 01:42:37.500] I found a 30-page treatise on summary judgment. [01:42:37.500 --> 01:42:41.500] It was absolutely incredible. [01:42:41.500 --> 01:42:43.500] Wow. [01:42:43.500 --> 01:42:49.500] The requirement for summary judgment, there are two things only for summary judgment that must be there. [01:42:49.500 --> 01:42:53.500] It went through all the case law. [01:42:53.500 --> 01:43:01.500] And this is some lawyer put that out there so that other lawyers would see what his specialty was. [01:43:01.500 --> 01:43:07.500] And if they need someone for a summary judgment appeal, they come to him. [01:43:07.500 --> 01:43:10.500] So they write really nice briefs. [01:43:10.500 --> 01:43:13.500] And I don't use Google Scholar. [01:43:13.500 --> 01:43:15.500] I found it to be worthless. [01:43:15.500 --> 01:43:19.500] I don't use Lexis or Westlaw. [01:43:19.500 --> 01:43:22.500] They're worse than worthless. [01:43:22.500 --> 01:43:24.500] I just use Google. [01:43:24.500 --> 01:43:25.500] Yeah. [01:43:25.500 --> 01:43:28.500] Google's smarter than those guys. [01:43:28.500 --> 01:43:31.500] Sometimes they don't give you the right information. [01:43:31.500 --> 01:43:32.500] That's true. [01:43:32.500 --> 01:43:38.500] You have to know how to ask the question to get the right answer. [01:43:38.500 --> 01:43:47.500] I would like to know what the case study is so I can check it out. [01:43:47.500 --> 01:43:52.500] Well, I'm not sure exactly what you're referring to, but Jane, we need to move on. [01:43:52.500 --> 01:43:55.500] I've got one segment and I've got three callers. [01:43:55.500 --> 01:43:56.500] Okay. [01:43:56.500 --> 01:43:57.500] All right. [01:43:57.500 --> 01:43:58.500] Have a good night. 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Randy Kelton, Brett Fountain, Rule of Law Radio, and we're going to Jack in Texas. [01:47:04.500 --> 01:47:09.500] Hello, Jack. What do you have for us today? [01:47:09.500 --> 01:47:12.500] Well, this should be pretty quick, I hope. [01:47:12.500 --> 01:47:18.500] I'm ashamed to say that I talked to you guys last week and asked you a bunch of questions. [01:47:18.500 --> 01:47:24.500] I gave you a bunch of good answers, and you told me to email you for something, [01:47:24.500 --> 01:47:30.500] and I took a bunch of notes, but I didn't put down what it was I was supposed to email you for. [01:47:30.500 --> 01:47:36.500] For the address to send money to me. [01:47:36.500 --> 01:47:39.500] That was one of them, I think. [01:47:39.500 --> 01:47:45.500] You should have seen that one coming. [01:47:45.500 --> 01:47:53.500] I don't remember. Possibly my 1617 argument. [01:47:53.500 --> 01:47:55.500] I don't even know what that is. [01:47:55.500 --> 01:48:02.500] Well, when a person is arrested, they're required to be taken before a magistrate for an examining trial. [01:48:02.500 --> 01:48:08.500] After the examining trial, the judge is to issue an order stating whether the released person had their liberty, [01:48:08.500 --> 01:48:14.500] found probable cause, and commanded them to the jail to release them on bail. [01:48:14.500 --> 01:48:24.500] Then the magistrate is to issue an order and forward the order to the clerk of the court of jurisdiction. [01:48:24.500 --> 01:48:31.500] If an order is not filed with the clerk within 48 hours, the accused shall be discharged. [01:48:31.500 --> 01:48:38.500] In your cases, is there an order finding probable cause? [01:48:38.500 --> 01:48:40.500] No. [01:48:40.500 --> 01:49:00.500] If your case is a traffic case, if you look at 545-002, authorizes the officer to release someone. [01:49:00.500 --> 01:49:03.500] Oh, 543. You're looking at 543. [01:49:03.500 --> 01:49:13.500] Okay, 543. Okay. Authorize them to release someone if they sign a promise to appear. [01:49:13.500 --> 01:49:25.500] 543-006 says they must file a promise to appear before a magistrate. [01:49:25.500 --> 01:49:28.500] The only thing a magistrate can do is hold an examining trial. [01:49:28.500 --> 01:49:36.500] 14.06 says if a person is arrested on an on-site offense, they are to be taken directly to the nearest magistrate. [01:49:36.500 --> 01:49:46.500] 1516 says if someone is arrested on an existing warrant, they are to be taken directly to the nearest magistrate. [01:49:46.500 --> 01:49:55.500] Oh, and guess what? 543-008 says if the officer violates those provisions above, [01:49:55.500 --> 01:50:01.500] the official misconduct and subject to removal from the officer's position. [01:50:01.500 --> 01:50:03.500] Yes. [01:50:03.500 --> 01:50:06.500] That's a pretty significant way to put that. [01:50:06.500 --> 01:50:12.500] I think I'll file that in the case I have in Rome. [01:50:12.500 --> 01:50:25.500] But if there is no 1617 order, then that goes to a challenge subject matter jurisdiction because you have a right to dismissal and a demand for dismissal. [01:50:25.500 --> 01:50:33.500] That's probably what it was. Or it might have been my rubber ball theory. [01:50:33.500 --> 01:50:44.500] I need to ask for that, too. It might have been that. But I did file the subject matter jurisdiction challenge and it was ignored and denied verbally. [01:50:44.500 --> 01:50:54.500] Now, I do have a note here. One says Turner versus Driver, and one says Walker versus Packer. [01:50:54.500 --> 01:50:56.500] Packer v. Walker. [01:50:56.500 --> 01:50:58.500] Packer v. Walker. [01:50:58.500 --> 01:51:00.500] I tend to get that backwards sometimes. [01:51:00.500 --> 01:51:12.500] Turner Driver is the one where the Fifth Circuit said it is axiomatic that a private citizen has the right to videotape his public officials in the performance of their duty. [01:51:12.500 --> 01:51:32.500] Walker v. Packer says that a judge has no discretion in properly applying the law to the facts. A failure to do so is an abuse of discretion. [01:51:32.500 --> 01:51:41.500] And it goes on to say that the only thing you can actually appeal is an abuse of discretion by a judge for failing to properly apply the law to the facts. [01:51:41.500 --> 01:51:56.500] Well, what I say is, is if a judge abuses his discretion and in the process denies meaningful and free access to enjoyment of right, well, that's official oppression in the state of Texas. [01:51:56.500 --> 01:52:02.500] And I want to charge him criminally, and I've done that before. It was great fun. [01:52:02.500 --> 01:52:07.500] The district judge hates me. [01:52:07.500 --> 01:52:14.500] So in other words, he ignored my challenge to the subject matter jurisdiction. [01:52:14.500 --> 01:52:22.500] That would be, that would mean he did not apply the law to the facts, and that would mean... [01:52:22.500 --> 01:52:37.500] And in the process denied you the full free access to enjoyment of your right to procedural due process and committed the act of official oppression. [01:52:37.500 --> 01:52:43.500] Violation of 39.03 penal code. [01:52:43.500 --> 01:52:50.500] Okay, that was probably it. Is there something that I was supposed to email you about those things? [01:52:50.500 --> 01:52:54.500] Don't remember. I've slept since then. [01:52:54.500 --> 01:52:58.500] I'm old and in my dotage. [01:52:58.500 --> 01:53:05.500] I don't remember which one it was either that I was supposed to, you were going to send me a copy of something and I was supposed to read it. [01:53:05.500 --> 01:53:07.500] And I think it was a lawsuit. [01:53:07.500 --> 01:53:13.500] It's almost, oh, okay, I got that. Send me an email and ask me for it and I will send you the lawsuit. [01:53:13.500 --> 01:53:24.500] The lawsuit and the 1517 order actually go to the same thing, except the lawsuit is a more extensive brief on due process. [01:53:24.500 --> 01:53:28.500] Lawsuit on due process. Is that what I'm supposed to put on there? [01:53:28.500 --> 01:53:45.500] Well, yeah, it says the lawsuit challenges the procedures used by the police and the courts. So it challenges procedural due process. [01:53:45.500 --> 01:53:53.500] Police, procedure. I take terrible notes and that's why I couldn't remember. That was it, I think. [01:53:53.500 --> 01:54:01.500] Okay. That sounds great. I've got a few more questions, but I know there's a couple more people, so I'll get to those later. Thanks a lot, Randy. [01:54:01.500 --> 01:54:07.500] Okay. You are welcome. And we've got one more segment, one more person, about four minutes. [01:54:07.500 --> 01:54:15.500] Okay. Hello, E.J. What do you have for us today? [01:54:15.500 --> 01:54:32.500] Hi, Randy. Hi, Brett. I have a response from the court since I filed that the court reporter was supposed to be there for the summary judgment. [01:54:32.500 --> 01:54:46.500] And I filed for another court reporter for the Monday. The court, on its own motion, rescheduled from Monday to Wednesday. [01:54:46.500 --> 01:54:58.500] They didn't directly say that it was due to that, but they rescheduled it to the 24th, which is a Wednesday. [01:54:58.500 --> 01:55:05.500] Good. And that probably means that they did that so they could schedule a court reporter. [01:55:05.500 --> 01:55:23.500] Yes, I think so. They didn't state that, but it's on a Wednesday. So then the Scheister filed a response to my opposition and saying that my opposition was untimely, which is true. [01:55:23.500 --> 01:55:36.500] It was untimely. But my question for tonight is since they continue the case, the court continues the case to Wednesday, then it's really not untimely, is it? [01:55:36.500 --> 01:55:44.500] Yes, that's right. It's no longer untimely. You have to have it in so many days before the hearing, correct? [01:55:44.500 --> 01:55:56.500] Correct. Five days, correct. Five days. So since they postponed the hearing, now his objection to timeliness is moot. [01:55:56.500 --> 01:56:04.500] Oh, good. Okay. That's all my question. Thank you so much, Randy. And I'll be... [01:56:04.500 --> 01:56:10.500] No, no, no. You can't leave us with two minutes. Oh, wait. We've got one more. We've got a first-time caller. [01:56:10.500 --> 01:56:14.500] Get a first-timer. Okay. Thank you. Thank you, E.J. [01:56:14.500 --> 01:56:26.500] Okay. Okay. Now we're going to go to Valerie. We've got Valerie in 619 Area Code. What do you have for us today? Quickly, we've only got two minutes. [01:56:26.500 --> 01:56:42.500] Okay, Randy. I'm going to make it quick. I'm in California, and I've been putting up with a lot of shenanigans from Freddie Mac by a lady by the name of Blanca Oliver, allegedly the assistant treasurer of Freddie Mac, which is false. [01:56:42.500 --> 01:56:56.500] She's running for justice of the peace in Burgetton County, and I've become very good friends with her opponent, Chris Lopez, who is the current justice of the peace. [01:56:56.500 --> 01:57:07.500] And I just want to find out, could I file something, a criminal complaint against her? The bottom line is I'm very well versed with the revision of UCC9. I work with Joe Esquivel. [01:57:07.500 --> 01:57:20.500] Wait, that's Joe Esquivel. I think it's just a vowel in Spanish. I know. I mispronounced his name on purpose, just to be annoying. Okay. [01:57:20.500 --> 01:57:35.500] I was wondering if I could file a criminal complaint that you were talking about earlier this evening. Go to a magistrate and then go directly to Chris Lopez, who's the current justice of the peace, to be very specific. [01:57:35.500 --> 01:57:46.500] No, no, no, no. Don't do that. If she's running against the current, against Lopez, you would compromise Lopez. Take it to someone else. [01:57:46.500 --> 01:57:59.500] Okay. Got it. But does it have to be the state of California? If I've been so harmed by these judges, I reverse to illegal evictions and just the shenanigans are like dealing with mean girls. [01:57:59.500 --> 01:58:13.500] Okay. You're talking about to someone who knows as much about evictions as Joe does. And yeah, I understand how bad that is. But yeah, if you're going to file a criminal complaint against this person, take it to a different JP. [01:58:13.500 --> 01:58:26.500] But look at the rules in California and force the JP to do her job. If you listen to the beginning of the show, I'm suing the justice of the peace for not acting on one of my criminal complaints. [01:58:26.500 --> 01:58:41.500] Okay. We don't have time now. Send me an email to Randy at rule of law radio.com and we can talk about this through email. [01:58:41.500 --> 01:58:42.500] You got it. [01:58:42.500 --> 01:58:43.500] Or next week. [01:58:43.500 --> 01:58:49.500] Or next week. We are out of time. Thank you all for listening and good night. [01:58:49.500 --> 01:58:57.500] Bibles for America is offering absolutely free a unique study Bible called the New Testament recovery version. [01:58:57.500 --> 01:59:08.500] The New Testament recovery version has over 9000 footnotes that explain what the Bible says verse by verse, helping you to know God and to know the meaning of life. [01:59:08.500 --> 01:59:20.500] Order your free copy today from Bibles for America. Call us toll free at 888-551-0102 or visit us online at bfa.org. 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