[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 --> 01:02.500]  Spar with an extra P, S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:02.500 --> 01:08.000]  Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion.
[01:08.000 --> 01:10.500]  But petition for redress is another matter.
[01:10.500 --> 01:14.000]  We have the right to petition the government for a redress of grievances.
[01:14.000 --> 01:17.000]  It means that if we're unhappy with what's going on in our government,
[01:17.000 --> 01:21.000]  we can spell out the reasons without fear of being thrown into jail.
[01:21.000 --> 01:31.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31.000 --> 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 --> 01:46.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way 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 --> 02:22.000]  When I think of the Second Amendment, I visualize myself wrapping my two arms 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 --> 02:30.000]  arms that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.000 --> 02:33.500]  Get it? Two arms, bear hug, bear arms?
[02:33.500 --> 02:38.500]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well when he said,
[02:38.500 --> 02:45.500]  the right of the citizens to bear arms is just one guarantee against arbitrary government, one more safeguard against the tyranny,
[02:45.500 --> 02:51.000]  which now appears remote in America, but which historically has proved to always be possible.
[02:51.000 --> 03:09.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:21.000 --> 03:27.000]  What you gonna do? What you gonna do?
[03:27.000 --> 03:33.000]  Bad boys, bad boys, what you gonna do? What you gonna do when they come for you?
[03:33.000 --> 03:38.500]  Bad boys, bad boys, what you gonna do? What you gonna do when they come for you?
[03:38.500 --> 03:44.000]  When you were eight and you had bad dreams, you'd go to school and learn the golden rule.
[03:44.000 --> 03:47.000]  So why are you acting like a bloody fool?
[03:47.000 --> 03:51.000]  Aww, you definitely get high. Yeah, you must get cool.
[03:51.000 --> 03:57.000]  Bad boys, bad boys, what you gonna do? What you gonna do when they come for you?
[03:57.000 --> 04:05.000]  Bad boys, bad boys, what you gonna do? What you gonna do when they come for you?
[04:05.000 --> 04:10.000]  You took it on that one, you took it on this one, You took it on your mother and you took it on your father.
[04:10.000 --> 04:18.720]  Randy Kelton, Brett Fountain, Blue Lawn Radio on this Friday the 14th day of October 2022.
[04:19.920 --> 04:24.080]  For our four-hour info marathon, I am turning on the phone lines.
[04:25.120 --> 04:33.760]  So if you have a question or a comment, give us a call at 512-646-1984.
[04:33.760 --> 04:42.000]  Okay, Brett, what are you going to start with today? I know you have something interesting and intriguing.
[04:43.600 --> 04:46.800]  Well, I'm helping some people with some different issues right now.
[04:49.040 --> 04:54.640]  Yeah, one that I'm dealing with, I was wondering what was going to happen with this traffic
[04:54.640 --> 05:00.000]  ticket thing, you know, after I just put the attorneys through the wringer, you know, the
[05:00.000 --> 05:07.280]  county attorney, I'm sorry, the district attorney and all of her staff
[05:08.800 --> 05:13.440]  have already been in trouble with me. I've already taken their felonies and their
[05:13.440 --> 05:20.160]  high-level misdemeanors and spread them all over there, aired all their dirty laundry,
[05:20.160 --> 05:28.320]  all the way up the chain to the Texas Supreme. And so when this speeding ticket popped up
[05:28.320 --> 05:34.720]  and they hired a guy to just help out, he helps every once in a while with things, you know,
[05:35.360 --> 05:42.720]  a little bit of wallpaper work and so forth. You mean like a sacrificial lamb?
[05:43.360 --> 05:50.880]  Yeah, scapegoat, something like that, yeah. So he got in there and when I was bringing it up before
[05:50.880 --> 05:56.240]  the court, you know, I don't even know who this guy is. They don't know who he is. What's the matter?
[05:56.240 --> 06:04.320]  Why is he even sitting here? He doesn't belong here. And the next hearing they had,
[06:05.440 --> 06:10.400]  they brought his buddy in there and turns out his buddy doesn't work there either.
[06:11.600 --> 06:19.360]  His buddy has a law firm. He's one of the partners and the other partner is a prosecutor in a
[06:19.360 --> 06:27.920]  neighboring county. Well, so this guy is special, you know, they called him a special prosecutor
[06:28.480 --> 06:31.920]  and I held my tongue and I did not make any short bus jokes.
[06:36.880 --> 06:45.120]  So these guys, both of them, I think they're both, they didn't realize what they're in for and,
[06:45.120 --> 06:50.240]  you know, who must have hated them in order to put them in that position. But I was wondering
[06:50.240 --> 06:57.040]  after the, we had a hearing, a pretrial hearing on the 6th. So it's been eight days now
[06:58.880 --> 07:08.080]  and I've gotten bar grievances and I've done state criminal complaints and I've only done one
[07:08.080 --> 07:16.640]  federal criminal complaint so far. And I'm writing a federal lawsuit. And I was wondering
[07:16.640 --> 07:20.960]  if this whole thing, like sometimes, you know, they kind of don't know what to do with you.
[07:20.960 --> 07:26.400]  So it just fades away. They don't actually dismiss the case. That would be embarrassing,
[07:26.400 --> 07:32.000]  right? So they just never schedule it up for the next hearing. And that would happen sometimes.
[07:32.000 --> 07:38.480]  And I was kind of wondering, are they going to go that route? They obviously didn't know anything
[07:38.480 --> 07:50.720]  about the law. Have you filed a motion for speedy trial? No, not yet. It hasn't been quite long
[07:50.720 --> 07:56.240]  enough for that yet. We're just getting started. If you want one, I have one written up with some
[07:56.240 --> 08:02.960]  pretty decent case law in it. Okay, thanks. Yeah, I've filed some of those before, but I don't start
[08:02.960 --> 08:09.840]  out with that. Right now, I'm just watching to see what they're going to do. Well, guess what?
[08:11.120 --> 08:18.240]  This afternoon, I'm checking my email and they sent me a notice. It says, I'm set for jury trial.
[08:18.240 --> 08:26.000]  They're going to go straight from no jurisdiction and no primary pleadings and, well, okay,
[08:26.000 --> 08:30.160]  so you entered a plea, but we didn't like that plea. We need you to enter a plea that says either
[08:30.160 --> 08:34.000]  guilty or not guilty. You can't enter all this other stuff about there's a problem with the
[08:34.000 --> 08:41.360]  charging instrument. You need to enter guilty or not guilty. That would be an arraignment.
[08:41.360 --> 08:50.080]  Right. They can't do that in a Class C misdemeanor. Right. It specifically forbids them to do that
[08:50.720 --> 08:56.000]  until two days after I received the indictment. Well, they didn't serve any indictment on me, so
[08:56.800 --> 09:01.440]  I don't know what they're thinking, but they really wanted me to have one of those pleas.
[09:02.000 --> 09:07.360]  And when I didn't, I was wondering, are they going to just sit on it and kind of hope that time heals
[09:07.360 --> 09:15.280]  all, or are they going to try to press on through? Well, I guess it's going to be the latter.
[09:16.960 --> 09:20.960]  But do you have any motions before the court that haven't been heard?
[09:22.320 --> 09:30.480]  Let's see, that haven't been heard. No, I think not. I think they went through all of them in
[09:30.480 --> 09:38.800]  this pretrial. No, I've got a motion to compel cooperation with Discovery that they're going to
[09:38.800 --> 09:49.680]  need to deal with. Have you filed an opposition or a motion for reconsideration for any of the
[09:49.680 --> 09:57.200]  motions that they just rolled over? No, I haven't. I would like to do some exceptions.
[09:57.200 --> 10:03.600]  Send in some exceptions to the court. And also, I intend to do some reaching out to the appellate
[10:03.600 --> 10:11.600]  court as well with a petition for interlocutory orders on some of these. Well, you can't do that.
[10:11.600 --> 10:19.360]  Did they? They were dispositive. Okay, go ahead. He answered my question before I could ask it.
[10:19.360 --> 10:27.680]  I guess I'm getting old. Okay. For those of you who didn't get that,
[10:28.800 --> 10:36.160]  if there is a motion before the court for which you receive a positive ruling that would
[10:37.280 --> 10:43.600]  end the case, dispose of the case, then you can do an interlocutory appeal.
[10:43.600 --> 10:49.680]  Oh, that's where I was going with those questions. Okay. I'll shut up now.
[10:50.320 --> 10:55.840]  Well, so they decided they want to go ahead and jump straight to rush to judgment and do the jury
[10:55.840 --> 11:05.920]  trial thing. And I know I could win on the merits too, but it's because the Four Quarter Doctrine
[11:05.920 --> 11:18.080]  says that they can only prove what they have alleged. But Randy, guess how many evidentiary
[11:18.080 --> 11:26.480]  facts they have that they've brought to the court? Am I correct in thinking it's not a huge number?
[11:26.480 --> 11:37.760]  It's zero. That's my kid's favorite number because nobody ever guesses that.
[11:42.480 --> 11:51.520]  I take it you filed a motion to dismiss for failure because of the insufficient charge instrument?
[11:51.520 --> 11:56.640]  Yes, I had that in there. That's one of the motions that I want to get an appeals court
[11:56.640 --> 12:04.000]  to weigh in on. Like, why would they deny that? And then I've got also, oh, get this. I had a
[12:04.000 --> 12:09.520]  judicial notice. I said, I want the court to take judicial notice of the fact that there is no
[12:10.320 --> 12:17.840]  evidentiary fact alleged, not even one. There's nothing that's been alleged.
[12:17.840 --> 12:23.920]  And where I was going with that is that 2807 Code of Criminal Procedure says that if your
[12:23.920 --> 12:36.080]  exception is that no offense was alleged, you have a right to discharge. But the opposing attorney
[12:36.880 --> 12:45.680]  says he wanted to oppose the judicial notice. And I said, oh, Your Honor, maybe he can find a fact.
[12:45.680 --> 12:53.680]  Can he point one out for us? And he couldn't do it. But she denied it anyway. She said,
[12:53.680 --> 13:00.000]  I'm not taking judicial notice of that. Oh, my goodness.
[13:00.000 --> 13:04.000]  Did you ask him for findings of fact and conclusions at law?
[13:04.000 --> 13:18.960]  Let's see, did I? I don't think I have. I did ask in open court. I asked on what grounds?
[13:20.960 --> 13:26.800]  And there were no grounds. She just would say, well, that's my ruling. You can appeal it if you
[13:26.800 --> 13:30.880]  don't like it. She didn't appeal to the bailiff to arrest him.
[13:30.880 --> 13:39.120]  Appeal to the bailiff to arrest him. Yeah, that would have been fun. I didn't think
[13:39.120 --> 13:46.320]  about that. I did that last time I was in court. I got to do that. And it was fun.
[13:48.560 --> 13:53.360]  That constable over there, he was kind of sleepy. He needed something exciting to do.
[13:54.240 --> 13:55.680]  And that would have woke him up.
[13:55.680 --> 14:12.480]  Yep. Okay. So I've sent a request for findings of fact, but it was sent back to me on deliverable.
[14:14.080 --> 14:20.160]  And I had a post office box. So I was trying to figure out where I got that post office box.
[14:20.160 --> 14:28.800]  And I got it off one of their documents, something they sent to me. So they sent something to me with
[14:28.800 --> 14:35.600]  a return address that didn't work. Interesting. So did you say that's evading service of process?
[14:38.320 --> 14:39.680]  That's what I would consider it.
[14:41.840 --> 14:44.880]  Surely they did that on purpose. I don't know if he called this service.
[14:44.880 --> 14:53.040]  Yeah. I don't know if he did or not. I'm not sure what that is yet, but I'm going to go ahead and
[14:53.040 --> 15:01.200]  file a writ of mandamus asking the court of appeals to order the trial judge back into court.
[15:02.000 --> 15:06.320]  Yeah, there you go. He tried to recuse himself without a motion.
[15:06.320 --> 15:16.080]  Yes. And I objected to it. And they appointed this retired judge to hear the case. But
[15:17.840 --> 15:26.320]  I had a motion objecting to the appointment, to the recusal of the judge. So this judge can't stand
[15:26.320 --> 15:30.480]  before the case. So I'm going to charge him criminally with impersonating a judicial officer.
[15:30.480 --> 15:37.840]  And then I'm going to file with the court of appeals for a mandamus ordering the trial judge
[15:37.840 --> 15:47.920]  to get his behind back in court where he's supposed to be. That'll get me past that failing to
[15:48.960 --> 15:52.640]  give notice of appeal within the 10 or 15 day time limit.
[15:52.640 --> 15:59.840]  Because they tried to deliver this thing three times and that used up any time I would have had.
[16:01.680 --> 16:06.880]  So they're trying one of their maneuvers. I think it may be my error. I'm not sure,
[16:06.880 --> 16:10.640]  but if I file a mandamus, then I get past that. Yeah.
[16:12.960 --> 16:18.720]  We take the issue of the appointment of the judge itself as improper. And I brought that up in open
[16:18.720 --> 16:35.200]  court. So he can't say he didn't know. So it's still on. So are you going to sue the judge?
[16:36.880 --> 16:40.880]  Me? Did you, did you file any criminal complaints with him?
[16:40.880 --> 16:50.400]  I, let's see. No, but I did try to and got turned away by the clerk who said that the judge said
[16:50.400 --> 16:56.400]  that they can't take a judge that can't take a criminal complaint because we have an open case.
[16:56.400 --> 16:58.240]  Well, let's talk about that on the other side of the bridge.
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[17:47.200 --> 17:57.120]  michaelmears at yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[17:57.120 --> 18:03.360]  to learn how to stop debt collectors now. Rule of Law Radio is proud to offer the
[18:03.360 --> 18:07.520]  Rule of Law traffic seminar. In today's America, we live in an us-against-them society. If we,
[18:07.520 --> 18:10.720]  the people, are ever going to have a free society, then we're going to have to stand
[18:10.720 --> 18:15.040]  and defend our own rights. Among those rights are the right to travel freely from place to place,
[18:15.040 --> 18:19.360]  the right to act in our own private capacity, and most importantly, the right to due process of law.
[18:19.360 --> 18:23.600]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
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[18:27.680 --> 18:31.360]  Law Radio, has put together the most comprehensive teaching tool available that will help you
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[19:25.200 --> 19:47.520]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're
[19:47.520 --> 19:54.800]  going to our callers. We have Eric in Massachusetts. Hello, Eric, what do you have for us
[19:54.800 --> 20:02.320]  today? Hello, gentlemen. I have, well, I want to tell you something. I'm not sure if you realize
[20:02.320 --> 20:07.520]  it, but the Small Claims Court, at least in Massachusetts, is the most powerful court in
[20:07.520 --> 20:16.080]  the whole nation. Rules basically don't apply to them. So you basically, jurisdiction doesn't
[20:16.080 --> 20:20.640]  matter. Due process doesn't matter. Civil procedures don't matter. Nothing matters. I mean,
[20:20.640 --> 20:27.120]  we kind of know this as an administrative court. So my question, I have two questions. My first
[20:27.120 --> 20:33.920]  simple question is, how do I get out of a Small Claims Court, even though I tell them, hey,
[20:33.920 --> 20:39.760]  you don't have jurisdiction. You're not giving me due process. I'm not participating in this.
[20:39.760 --> 20:43.760]  They say, I don't care. We don't care. You're going to participate.
[20:43.760 --> 20:52.640]  A petition for writ of mandamus. Yeah, I was thinking that. If you have a subject matter
[20:52.640 --> 21:00.640]  jurisdiction challenge before the court, and the court just blows it off, the next deal,
[21:00.640 --> 21:08.160]  next thing to do is either an interlocutory or a writ of mandamus. I'm going to do a writ of mandamus
[21:08.160 --> 21:15.440]  in a traffic court here in Rome, Texas, because I filed a rather extensive subject matter
[21:15.440 --> 21:21.840]  jurisdiction challenge, and the judge just denied it out of hand. Well, I could do an
[21:21.840 --> 21:29.120]  interlocutory appeal because that was a... What was it, Brad? That was a...
[21:29.120 --> 21:32.960]  Yeah, it's a dispositive motion. I was just going to say that. I was.
[21:32.960 --> 21:39.280]  It's a dispositive motion. I can petition the Court of Appeals for writ of mandamus
[21:39.920 --> 21:46.160]  and ask the court to order the trial judge to rule on the issues in the pleading,
[21:48.080 --> 21:53.440]  maintain that he has no power to deny a petition for writ of mandamus.
[21:53.440 --> 22:01.760]  I can show by case law that once men... Sorry. He can't deny a challenge to subject matter
[22:01.760 --> 22:09.200]  jurisdiction because once you file a challenge to subject matter jurisdiction, subject matter
[22:09.200 --> 22:15.600]  jurisdiction is lost. But they just love to deny it. They look at the challenge and they say,
[22:16.320 --> 22:20.640]  well, I'm used to saying deny, deny, deny on everything else. I've never seen one of these.
[22:20.640 --> 22:26.320]  I guess I'll just say deny on that too. Yeah. So I'm going to argue that he can't
[22:26.320 --> 22:32.960]  do that and ask the Court of Appeals to order the judge to prove up jurisdiction.
[22:34.560 --> 22:37.200]  That should be interesting. One of the problems with an administrative court
[22:38.160 --> 22:41.760]  is the rules don't apply to them. Oh, yes, they do.
[22:42.800 --> 22:47.280]  Well, that's not what they think. You believe what they say.
[22:47.280 --> 22:52.480]  Of course I don't. Okay. Well, this is how it works.
[22:53.360 --> 23:00.640]  What the Court of Appeals says does apply. And you need to ask the Court of Appeals to rule
[23:00.640 --> 23:11.040]  on something where a ruling against you would act as setting new law, new law that they do not want
[23:11.040 --> 23:20.080]  set. You file with them and state that the judge denied a subject matter jurisdiction challenge
[23:20.080 --> 23:26.640]  without even reading the pleading and without addressing any of the issues before the court or
[23:27.200 --> 23:32.960]  without proving up jurisdiction. If they rule against you, that becomes standing law.
[23:32.960 --> 23:40.560]  And that says nobody has to pay attention to a subject matter jurisdiction challenge,
[23:40.560 --> 23:46.960]  and they're not going to want to do that. Yeah, because then that would be like making
[23:46.960 --> 23:51.760]  it legitimate what these people are already doing that's breaking the law. That would be saying
[23:51.760 --> 23:57.520]  it's legitimate and they're not going to do that. And that would also say that every court in
[23:57.520 --> 24:06.800]  Massachusetts can act without proving up challenge to jurisdiction. That they're not going to want to
[24:06.800 --> 24:15.360]  do because it'll disrupt the corpus juris, the body of law. You need to ask some hard questions.
[24:16.880 --> 24:21.280]  Well, here's what I want to do. I actually want to take it even a higher level than what you're
[24:21.280 --> 24:30.800]  suggesting. So part of this is they're saying that they have to have Zoom hearings. The only way to
[24:30.800 --> 24:37.040]  participate in this is a Zoom hearing. If you don't show up, it's going to get ruled against you and
[24:37.040 --> 24:45.120]  you can't appeal. So what I want to do is I want to bump it up to a 1983 RICO claim. So the RICO
[24:45.120 --> 24:52.480]  part is basically the party that's moving against me, I think, does this often. So basically it's
[24:52.480 --> 24:59.600]  regarding a rental car. I think these companies do this often. I have all my documentation.
[24:59.600 --> 25:05.600]  So they're not even prepared for that. But what they're doing is there's a limitation on the
[25:05.600 --> 25:12.400]  amount of small claims. It's $7,000. But if it's some type of damage to property, it's unlimited.
[25:12.400 --> 25:19.760]  So basically you do, you know, let's say $1,000 for a car, but then the lawyer comes in and says,
[25:19.760 --> 25:29.920]  well, this is a $20,000 claim, $1,000 for the car and $19,000 for me. So I think they all are
[25:29.920 --> 25:34.720]  participating in this. So what I want to do is I want to get it rid of the Zoom hearing.
[25:35.520 --> 25:40.560]  I potentially want to get rid of the small claims, not get rid of it, but get rid of the small
[25:40.560 --> 25:45.120]  claims, not get rid of it, but they need to reorganize the small claim. In Massachusetts,
[25:45.120 --> 25:51.200]  we don't have any laws for Zoom hearings like you do in Texas. And then again, these small claims
[25:51.200 --> 26:00.000]  courts are operating outside of the law. Wait a minute, wait a minute. Do you know if some laws
[26:00.000 --> 26:07.760]  for Zoom hearings in Texas? Forgive me, but I thought you said that there were laws for that.
[26:07.760 --> 26:13.920]  And I could be wrong. I thought you said that. Okay. No, I've never found any. They just decided
[26:13.920 --> 26:21.920]  to do it. And it is something that needs to be challenged. And I didn't challenge it because
[26:21.920 --> 26:26.400]  I got to go to a Zoom hearing instead of driving 400 miles down to South Texas.
[26:27.600 --> 26:34.960]  So that worked for me, but we had 35 or 39 people on the Zoom hearing. And apparently the judge
[26:34.960 --> 26:41.120]  had decided he didn't want to do that again. So he made me come down there. I filed a whole
[26:41.120 --> 26:47.600]  bunch of criminal complaints against him while I was there. How'd that work for you, Bubba?
[26:47.600 --> 26:54.480]  But yeah, you want to do a 1983 suit? There's me saying, well, I'm sure I'm glad we got him
[26:54.480 --> 27:02.880]  over here. You have a lot of homework to do. You need to walk them through the process
[27:02.880 --> 27:11.680]  and get them to do everything wrong that you possibly can. That's what I'm doing in Victoria,
[27:11.680 --> 27:18.480]  Texas. I'm giving them opportunities to screw up everything they can. And they have been
[27:18.480 --> 27:26.000]  exceptionally accommodating. So I'm going to be able to go to the federal court and say,
[27:26.000 --> 27:33.440]  I filed a suit against this judge for acting outside the scope of his authority. And with the
[27:34.000 --> 27:37.520]  county court, the county court screwed it up this way. And then I sued the county court
[27:37.520 --> 27:41.600]  and the district court, and they screwed it up this way. And then I filed against them
[27:42.160 --> 27:46.160]  with the court of appeals and the court of appeals screwed it up this way. And then I filed
[27:46.160 --> 27:51.920]  with the court of criminal appeals. I'm sorry, this one, I filed with the Supreme and they
[27:51.920 --> 27:55.360]  and I filed with the Supreme and they screwed it up this way.
[27:56.800 --> 28:06.720]  Now my only remedy left is you, the feds, for denial of procedural and substantive due process.
[28:08.240 --> 28:10.240]  Now you can go to them. You have good case.
[28:12.560 --> 28:20.960]  Yeah, I do. I've been working on 1983 stuff and I'm not great at it, but I understand enough
[28:20.960 --> 28:27.840]  and in Massachusetts, a writ of mandamus can only go to the Supreme Court, excuse me. Yeah,
[28:27.840 --> 28:33.520]  the Supreme Court of Massachusetts, right? So it doesn't go to the appeals court. So if I'm going
[28:33.520 --> 28:38.000]  to go to the, if I'm going to file a writ of mandamus, I might as well try and make some money
[28:38.000 --> 28:46.960]  out of this and just do a federal 1983 RICO claim and try- Okay, then look at this particular angle.
[28:46.960 --> 28:55.920]  Yep. You want to file against the judge for failing to perform an administrative duty.
[28:55.920 --> 29:07.200]  If this is an administrative court, has Massachusetts granted judges in administrative courts immunity?
[29:10.480 --> 29:13.760]  Okay. Check that out because in Texas,
[29:13.760 --> 29:20.560]  an administrative act, when a judge performs an administrative act, he has no immunity from that.
[29:21.600 --> 29:28.000]  No immunity. And I set him up for it because I went in and asked the judge to do something
[29:29.200 --> 29:35.120]  that the law specifically commands him to do. In fact, I didn't ask the judge.
[29:35.120 --> 29:43.200]  I asked the magistrate persona to perform a duty he was commanded to perform and he refused to
[29:43.200 --> 29:48.480]  perform that duty. I asked him to issue a warrant for the arrest of some people who we thought
[29:48.480 --> 29:56.080]  stole an airplane. Did you tell him he doesn't have any discretion? Absolutely not. Never give
[29:56.080 --> 30:06.240]  fair warning. It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.240 --> 30:10.960]  affected our health? Hi, Dr. Catherine Albrecht. And I'll be back in just a moment with new findings
[30:10.960 --> 30:17.680]  about how cell phones may actually alter our brain chemistry. Privacy is under attack. When you give
[30:17.680 --> 30:22.960]  up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find
[30:22.960 --> 30:28.960]  your freedoms will start to vanish too. So protect your rights. Say no to surveillance and keep your
[30:28.960 --> 30:34.560]  information to yourself. Privacy, it's worth hanging on to. This public service announcement
[30:34.560 --> 30:40.160]  is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and
[30:40.160 --> 30:48.240]  Bing. Start over with Startpage. Cell phones emit radio frequency energy. It's a fact. But whether
[30:48.240 --> 30:52.800]  it's dangerous to have a phone beaming this kind of radiation near your head has been disputed.
[30:52.800 --> 30:57.280]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.280 --> 31:01.920]  Well, now the Journal of the American Medical Association is confirming that cell phones affect
[31:01.920 --> 31:07.680]  brain chemistry. A study of 47 volunteers showed that glucose metabolism in the area of the brain
[31:07.680 --> 31:12.720]  closest to the cell phone antenna increases when the cell phone is on. While researchers aren't sure
[31:12.720 --> 31:17.840]  whether this exposure causes damage, I'm not taking any chances. I always keep the phone far
[31:17.840 --> 31:23.360]  from my body and I use a corded headset. I'm Dr. Catherine Albrecht. More news and information at
[31:23.360 --> 31:35.200]  CatherineAlbrecht.com. I lost my son, my nephew, my uncle, my son on September 11th, 2001. Most
[31:35.200 --> 31:40.880]  people don't know that a third tower fell on September 11th. World Trade Center 7, a 47-story
[31:40.880 --> 31:45.840]  skyscraper, was not hit by a plane. Although the official explanation is that fire brought down
[31:45.840 --> 31:51.120]  Building 7, over 1,200 architects and engineers have looked into the evidence and believe there
[31:51.120 --> 31:57.680]  is more to the story. Bring justice to my son, my uncle, my nephew, my son. Go to buildingwhat.org,
[31:57.680 --> 32:03.760]  why it fell, why it matters, and what you can do. Are you looking to have a closer relationship
[32:03.760 --> 32:09.760]  with God and a better understanding of His Word? Then tune in to LogosRadioNetwork.com on Wednesdays
[32:09.760 --> 32:14.880]  from 8 to 10 p.m. Central Time for Scripture Talk, where Nana and her guests discuss the
[32:14.880 --> 32:21.360]  Scriptures in accord with 2 Timothy 2.15. Study to show thyself approved unto God, a workman that
[32:21.360 --> 32:27.200]  needeth not to be ashamed, rightly dividing the word of truth. Starting in January, our first hour
[32:27.200 --> 32:32.640]  studies are in the Book of Mark, where we'll go verse by verse and discuss the true gospel message.
[32:32.640 --> 32:38.080]  Our second hour topical studies will vary each week with discussions on sound doctrine and Christian
[32:38.080 --> 32:43.200]  character development. We wish to reflect God's light and be a blessing to all those with a
[32:43.200 --> 32:48.800]  hearing ear. Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.800 --> 32:54.560]  of our Lord and Savior Jesus. So tune in to Scripture Talk live on LogosRadioNetwork.com
[32:54.560 --> 32:59.760]  Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[32:59.760 --> 33:09.760]  You're listening to the LogosRadioNetwork at LogosRadioNetwork.com
[33:29.760 --> 33:39.760]  This is a race for Mr. Bush. This is a race for the team.
[33:39.760 --> 33:45.760]  Well I need a prosecutor to come and help me. Prosecute them wicked leaders.
[33:45.760 --> 33:51.760]  You see, the murderers are liars. Them tell them a lie and they tell shit stories.
[33:51.760 --> 33:55.760]  Do you believe me? Say what they tell me. 3% of Americans vote for Bush.
[33:55.760 --> 34:01.760]  So how the hell do you get the presidency? That's why we have a warrant for him.
[34:01.760 --> 34:05.760]  Everybody listen carefully. It's into the world that little issues proceed.
[34:05.760 --> 34:23.760]  This is a race for Mr. Bush. A warrant for good change.
[34:23.760 --> 34:29.760]  Well we don't forget no spiel. Warrant for him. I'll make change. Warrant for him.
[34:29.760 --> 34:33.760]  Tried about the citizens in the country. Them getting so mad and them getting angry.
[34:33.760 --> 34:39.760]  We have some warrant we need to solve. Need a prosecutor to come and help us.
[34:39.760 --> 34:45.760]  Prosecutor from any state will do. Come over and we'll show them to hear them.
[34:45.760 --> 34:49.760]  Okay, we are back. Randy Kelton, Bret Fountain, Rule of Law Radio.
[34:49.760 --> 34:57.760]  And I survived being pushed off the cliff by Mr. Bret. He swears he didn't do it.
[34:57.760 --> 35:01.760]  You expect me to look at the clock.
[35:01.760 --> 35:06.760]  Okay, we're talking to Eric in Massachusetts.
[35:06.760 --> 35:13.760]  Okay, Eric, what have you done to set them up for a 1983?
[35:13.760 --> 35:19.760]  All right, so basically I questioned personal jurisdiction, subject matter jurisdiction.
[35:19.760 --> 35:26.760]  There's no evidence in the case. I said I'm not willing to participate in a Zoom hearing.
[35:26.760 --> 35:32.760]  The attorney doesn't have the ability to testify. Rule 602.
[35:32.760 --> 35:38.760]  I basically said I sent an affidavit of fact rather than a motion.
[35:38.760 --> 35:47.760]  Because if I do a motion in my thinking, which could be wrong, is now I'm admitting to participate in this administrative court.
[35:47.760 --> 35:52.760]  No, that's patriot mythology.
[35:52.760 --> 35:57.760]  You can file a motion asking them to dismiss.
[35:57.760 --> 36:03.760]  Yeah, as long as you've first done what you just did. You challenged the jurisdiction.
[36:03.760 --> 36:08.760]  Once you've done that, then you're not giving up anything.
[36:08.760 --> 36:19.760]  You brought that issue. It's ready for the next court up to take a look at that issue that they just denied that due process applies.
[36:19.760 --> 36:23.760]  And they're just trying to roll ahead with it. But you raised the issue.
[36:23.760 --> 36:28.760]  If you hadn't raised the issue, then going ahead and putting motions in there would mean you can't later bring that issue.
[36:28.760 --> 36:35.760]  You can't say, oh, well, I never got served with a copy of whatever. So personal jurisdiction, you don't have it.
[36:35.760 --> 36:38.760]  You can't bring that issue after you already started doing motions.
[36:38.760 --> 36:41.760]  They want you to bring that issue first. And subject matter has to be first.
[36:41.760 --> 36:46.760]  And objecting to the impropriety of venue has to be first.
[36:46.760 --> 36:49.760]  Let me interject a little bit.
[36:49.760 --> 36:58.760]  Subject matter has to be first, but not exactly. In personum has to be first.
[36:58.760 --> 37:04.760]  And that doesn't mean the very first motion. It means the first things you file with the court.
[37:04.760 --> 37:11.760]  If you challenge in personum jurisdiction, that has to be among the first motions you file.
[37:11.760 --> 37:19.760]  Subject matter, that can be challenged anytime, no matter how remote in history.
[37:19.760 --> 37:25.760]  And it can't be waived. It can't even be waived by agreement.
[37:25.760 --> 37:34.760]  So with that said, what Brett was saying, if you want to bring a claim in the appellate court,
[37:34.760 --> 37:46.760]  you have to first bring it in the trial court because the appellate court will hear nothing that wasn't brought by written motion in the trial court.
[37:46.760 --> 37:54.760]  But I don't want to do that. I want to take this small claim and take it to the federal court.
[37:54.760 --> 37:56.760]  That way I can get rid of the claim.
[37:56.760 --> 37:58.760]  Hold on. You can't get there.
[37:58.760 --> 37:59.760]  Okay.
[37:59.760 --> 38:07.760]  If you just went in there and did a verbal objection, that's not appealable.
[38:07.760 --> 38:16.760]  If Massachusetts is anything like Texas, your pleadings must be in writing and filed with the clerk.
[38:16.760 --> 38:22.760]  That's so the other side can read your pleading and be prepared when they come into court.
[38:22.760 --> 38:25.760]  That's the only way you put these in front of the court.
[38:25.760 --> 38:36.760]  I was just in a hearing and a response to my petition was filed, but it wasn't verified.
[38:36.760 --> 38:38.760]  So it wasn't filed in accordance with rules.
[38:38.760 --> 38:45.760]  And I told the judge, while that document may be sitting in the record and it may be there in front of you,
[38:45.760 --> 38:52.760]  you cannot see it because it's not properly filed.
[38:52.760 --> 38:57.760]  It's an issue not properly filed with the court according to the rules.
[38:57.760 --> 39:01.760]  The judge cannot see it.
[39:01.760 --> 39:04.760]  So you have to file them all in writing.
[39:04.760 --> 39:13.760]  And as to jurisdiction, you cannot give a judge jurisdiction when he doesn't have it already.
[39:13.760 --> 39:21.760]  So I tell you what, instead of that judge you have, how about you have me stand in as your judge?
[39:21.760 --> 39:26.760]  You give me jurisdiction to be the judge.
[39:26.760 --> 39:27.760]  How are you going to do that?
[39:27.760 --> 39:34.760]  But all administrative courts are, you don't have jurisdiction.
[39:34.760 --> 39:36.760]  You have to give them jurisdiction.
[39:36.760 --> 39:38.760]  You can't just say they don't have jurisdiction.
[39:38.760 --> 39:41.760]  You have to show why they don't have jurisdiction.
[39:41.760 --> 39:49.760]  And you can't do it with presumptions and conclusions.
[39:49.760 --> 39:52.760]  You have to show facts and law.
[39:52.760 --> 39:57.760]  A judge has two duties as a judge.
[39:57.760 --> 40:01.760]  He must determine the facts in accordance with the rules of evidence,
[40:01.760 --> 40:06.760]  then apply the law as it comes to him to the facts in the case.
[40:06.760 --> 40:13.760]  So in order to get the ruling you want, you have to put the facts in front of the court,
[40:13.760 --> 40:16.760]  put the facts on the record according to the rules of evidence,
[40:16.760 --> 40:21.760]  and then put the law as it applies to those facts before the court.
[40:21.760 --> 40:25.760]  If you don't do that, you have no standing.
[40:25.760 --> 40:31.760]  But please understand, these administrative courts just about openly stated,
[40:31.760 --> 40:35.760]  they don't care about rules of civil procedure.
[40:35.760 --> 40:38.760]  It doesn't apply to them.
[40:38.760 --> 40:39.760]  Do they have their own rules?
[40:39.760 --> 40:41.760]  Man, just straight hold me.
[40:41.760 --> 40:44.760]  Okay, do they have their own set of rules?
[40:44.760 --> 40:46.760]  They do.
[40:46.760 --> 40:48.760]  Then follow them.
[40:48.760 --> 40:52.760]  Well, they don't follow the Constitution.
[40:52.760 --> 40:56.760]  So?
[40:56.760 --> 40:59.760]  Do they have a set of rules?
[40:59.760 --> 41:01.760]  Absolutely.
[41:01.760 --> 41:04.760]  And they violate the Constitution.
[41:04.760 --> 41:08.760]  Okay, you won't win your case this way.
[41:08.760 --> 41:12.760]  You're trying to stand on a theoretical high horse.
[41:12.760 --> 41:18.760]  Does the Constitution apply to a civil administrative court?
[41:18.760 --> 41:24.760]  And if so, where and how?
[41:24.760 --> 41:25.760]  Okay.
[41:25.760 --> 41:32.760]  Before you can say it doesn't apply, before you can say they have to follow Constitution,
[41:32.760 --> 41:37.760]  because in fact the courts do not follow Constitution.
[41:37.760 --> 41:42.760]  The Constitution doesn't tell them to do anything, it tells them stuff not to do.
[41:42.760 --> 41:46.760]  They follow statute.
[41:46.760 --> 41:48.760]  You know, we've had people come on complaining,
[41:48.760 --> 41:52.760]  the judge said don't bring the Constitution into my court, and he was right.
[41:52.760 --> 41:54.760]  They follow statute.
[41:54.760 --> 42:00.760]  And every constitutional prohibition is in the statutes.
[42:00.760 --> 42:02.760]  You have to go dig them out.
[42:02.760 --> 42:07.760]  There's no easy end run around these guys.
[42:07.760 --> 42:12.760]  If they have rules, read their rules, and use their rules against them.
[42:12.760 --> 42:16.760]  I've never seen a set of rules I couldn't use against a court.
[42:16.760 --> 42:19.760]  They never do it right.
[42:19.760 --> 42:23.760]  What if the administrative rules violate due process?
[42:23.760 --> 42:25.760]  What if they violate?
[42:25.760 --> 42:28.760]  Then bring that issue before the court,
[42:28.760 --> 42:35.760]  and get the court to deny it so that you can bring it before the appellate court.
[42:35.760 --> 42:40.760]  The law is not self-activating.
[42:40.760 --> 42:44.760]  You have to call them to the law.
[42:44.760 --> 42:46.760]  Yeah.
[42:46.760 --> 42:48.760]  There's no easy way around that.
[42:48.760 --> 42:57.760]  Their rules say that if a decision is made, it's not appealable at the appellate level.
[42:57.760 --> 43:02.760]  Then file a constitutional challenge to that.
[43:02.760 --> 43:03.760]  Okay.
[43:03.760 --> 43:07.760]  And say the Constitution has forbidden them to do this.
[43:07.760 --> 43:13.760]  You can't bring the Constitution in the trial court, but you can bring it in the appellate court.
[43:13.760 --> 43:18.760]  So who does a constitutional challenge get sent to?
[43:18.760 --> 43:20.760]  Wait, say that again?
[43:20.760 --> 43:25.760]  Who does a constitutional challenge get presented to?
[43:25.760 --> 43:28.760]  Well, you bring it in the trial court.
[43:28.760 --> 43:39.760]  But you have to show that anything you bring to the appellate court, you have to bring it in the trial court.
[43:39.760 --> 43:43.760]  But the appellate court has to rule on the Constitution issue.
[43:43.760 --> 43:46.760]  The trial court's supposed to, but we know how corrupt they are.
[43:46.760 --> 43:47.760]  Yeah.
[43:47.760 --> 43:53.760]  You can't bring anything into the court of appeals you haven't brought before the trial court.
[43:53.760 --> 43:56.760]  Hang on, Randy Kelton, Brett Fountain, Rule of Law Radio.
[43:56.760 --> 44:24.760]  We'll be right back.
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[45:00.760 --> 45:03.760]  Are you the plaintiff or defendant in a lawsuit?
[45:03.760 --> 45:14.760]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step.
[45:14.760 --> 45:18.760]  If you have a lawyer, know what your lawyer should be doing.
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[45:27.760 --> 45:33.760]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
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[45:51.760 --> 46:13.760]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:13.760 --> 46:23.760]  Whoa, whoa, whoa, yeah.
[46:23.760 --> 46:29.760]  Always, I must be careful what I'm wishing for.
[46:29.760 --> 46:34.760]  When I'm hungry, I like to know just what I'm fishing for.
[46:34.760 --> 46:40.760]  I ain't asking for much, I ain't trying to be no glutton.
[46:40.760 --> 46:46.760]  I'm just here making my living pushing buttons.
[46:46.760 --> 46:52.760]  I give my message out to anyone in short and distance.
[46:52.760 --> 46:58.760]  I hope for bravery and against slavery, showing resistance.
[46:58.760 --> 47:03.760]  First I'm crawling, then I'm walking, then I start strutting.
[47:03.760 --> 47:10.760]  I'm so glad to make my living pushing buttons.
[47:10.760 --> 47:12.760]  Okay, we are back.
[47:12.760 --> 47:19.760]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we talked to Eric in Massachusetts, and Brett brought up counterclaims.
[47:19.760 --> 47:22.760]  Did you file a counterclaim against these guys?
[47:22.760 --> 47:24.760]  No, and that's really my question.
[47:24.760 --> 47:30.760]  So the counterclaim would be for me, can I do a counterclaim moving to federal court?
[47:30.760 --> 47:43.760]  Yes, if you do a counterclaim and you bring a federal claim in this court as a counterclaim,
[47:43.760 --> 47:55.760]  now in Texas, if you're in a small claims court and you bring a counterclaim that exceeds the $20,000 limit that the Justice of the Peace can hear,
[47:55.760 --> 48:00.760]  by statute he will dismiss your counterclaim immediately.
[48:00.760 --> 48:07.760]  You need to see if it's the same in Massachusetts.
[48:07.760 --> 48:17.760]  But bring a counterclaim anyway at least equal to what they bring for malpractice and perjury
[48:17.760 --> 48:26.760]  and just make up everything you can think of that fits the facts and state it in a counterclaim.
[48:26.760 --> 48:36.760]  That really raises the bar because these guys think, you know, if I get in too much trouble, I can always non-suit.
[48:36.760 --> 48:42.760]  Well, if you file a counterclaim, they can non-suit their part, but they can't non-suit your part.
[48:42.760 --> 48:45.760]  Mm-hmm, that part is not going away.
[48:45.760 --> 48:51.760]  Yeah, anytime somebody files against you, you need to file back against them.
[48:51.760 --> 48:55.760]  So what about filing fees?
[48:55.760 --> 49:03.760]  I was told that when I tried to do a counterclaim one time a few years ago, I was told that I didn't pay the filing fees.
[49:03.760 --> 49:06.760]  And so they weren't even going to address my counterclaim at all.
[49:06.760 --> 49:08.760]  I had to pay filing fees.
[49:08.760 --> 49:11.760]  Were you in a civil or criminal case?
[49:11.760 --> 49:14.760]  It was criminal. It was JP traffic court.
[49:14.760 --> 49:22.760]  This is why you cannot file a counterclaim in a criminal case.
[49:22.760 --> 49:24.760]  You can only do that in a civil case.
[49:24.760 --> 49:31.760]  So they took a counterclaim as a civil claim because the courts have ruled you can't.
[49:31.760 --> 49:33.760]  Even if it's only declaratory?
[49:33.760 --> 49:39.760]  Because I was trying to do a declaratory judgment about rights and status as a counterclaim.
[49:39.760 --> 49:42.760]  Okay, that is not a counterclaim.
[49:42.760 --> 49:43.760]  Okay.
[49:43.760 --> 49:47.760]  A declaratory judgment is not a claim at all.
[49:47.760 --> 49:53.760]  Well, but it's in the nature, you still have to bring an issue, right?
[49:53.760 --> 49:59.760]  Yeah, you bring an issue, but claim is you're claiming some kind of harm.
[49:59.760 --> 50:12.760]  And a declaratory judgment was a special case, a special remedy that allowed someone to bring an issue before the court without an injured party.
[50:12.760 --> 50:17.760]  They merely asked the judge to give you a ruling on point of law.
[50:17.760 --> 50:21.760]  And the purpose of that is, is so that you don't have to file a counterclaim.
[50:21.760 --> 50:27.760]  You've got this issue that may or may not be adjudicatable.
[50:27.760 --> 50:33.760]  So judge, this is an issue that has not been adequately addressed by the courts.
[50:33.760 --> 50:37.760]  Ask the court to make a ruling on this issue.
[50:37.760 --> 50:50.760]  If I don't have standing, then this eliminates a full-on civil action and is economical to the court and to both parties.
[50:50.760 --> 50:56.760]  So under the declaratory judgment acts, each state has one.
[50:56.760 --> 51:04.760]  You can file a claim, a petition for declaratory judgment that isn't exactly a claim.
[51:04.760 --> 51:14.760]  If you do ask for any damages of any kind, court costs, attorney fees, anything, then they'll throw it out.
[51:14.760 --> 51:29.760]  So if the clerk treated it as a claim, the only way you can file a counterclaim and a criminal is to file an original petition as a civil claim.
[51:29.760 --> 51:33.760]  That's why she asked for filing fees.
[51:33.760 --> 51:37.760]  Okay, that makes sense.
[51:37.760 --> 51:41.760]  That's my story and I'm sticking to it.
[51:41.760 --> 51:46.760]  Okay, but Eric, you've got to take them on.
[51:46.760 --> 51:50.760]  Have you filed bar grievances against these lawyers?
[51:50.760 --> 51:52.760]  So that's interesting.
[51:52.760 --> 51:55.760]  This was actually my potential third question.
[51:55.760 --> 52:08.760]  I went today to, my bar grievance is written up, but I was going to file a criminal complaint first and then include that with my bar grievance because they're not going to take it very serious if it doesn't have a criminal complaint with it.
[52:08.760 --> 52:21.760]  So in Massachusetts, I don't know if it's in different states, so I went to go file a criminal complaint, which is literally at the same exact desk, courthouse, everything, as the small claims court.
[52:21.760 --> 52:27.760]  And when you file a small, when you file a criminal complaint, it goes before a magistrate.
[52:27.760 --> 52:45.760]  So my sort of question is, well, please, if I filed a criminal complaint against the appeals court judge, that would feel really weird for an appeals court judge and me to be in front of an administrative court magistrate judge.
[52:45.760 --> 53:00.760]  Okay. What does Massachusetts law say about the duty of a magistrate when the magistrate is presented with a verified criminal complaint?
[53:00.760 --> 53:05.760]  Well, I mean, obviously they take it serious because...
[53:05.760 --> 53:08.760]  No, no, no, no, no. That's not what I'm asking.
[53:08.760 --> 53:09.760]  Okay.
[53:09.760 --> 53:11.760]  What does the law say?
[53:11.760 --> 53:27.760]  This is why I asked that question. In Texas, it says, 15.09 Texas Code of Criminal Procedure, when a complaint is forwarded to a magistrate, complete in accordance with 1505, and that lays out the requisites of a complaint.
[53:27.760 --> 53:34.760]  The magistrate shall issue a warrant forthwith.
[53:34.760 --> 53:36.760]  No discretion.
[53:36.760 --> 53:47.760]  And because there's no discretion, that is an administrative act, and the judge has zero immunity.
[53:47.760 --> 53:51.760]  I set a judge up for that and then sued him for it.
[53:51.760 --> 53:53.760]  Gave him these complaints.
[53:53.760 --> 53:59.760]  Since I wasn't an attorney, he refused to even read them, so I sued him.
[53:59.760 --> 54:02.760]  What is your magistrate commanded to do?
[54:02.760 --> 54:21.760]  Now, if the magistrate, for instance, in New York, a magistrate can examine into the sufficiency of the accusation and determine if it's sufficient or if it states sufficient facts, he essentially does an ex parte examining trial.
[54:21.760 --> 54:31.760]  And if he doesn't find sufficient facts in the warrant, he can give back to the cop and say, hey, you got to fix this. This is no good. I'm not going to do anything because you don't have enough facts.
[54:31.760 --> 54:34.760]  Can they do that in Massachusetts?
[54:34.760 --> 54:37.760]  I think that's what it is because, again, they will set up.
[54:37.760 --> 54:40.760]  No, no, no, no, no. You don't get to do that.
[54:40.760 --> 54:46.760]  You can't say, I think. You got to read that code. Read it carefully.
[54:46.760 --> 54:54.760]  You know how many times I read 1509 before it got through my thick skull what they were saying.
[54:54.760 --> 54:58.760]  I bet I read that 50 times.
[54:58.760 --> 55:02.760]  And finally, one day, bingo, this light came on.
[55:02.760 --> 55:12.760]  Read the section of your criminal procedure code that talks about criminal complaints and magistrates.
[55:12.760 --> 55:14.760]  Read it carefully.
[55:14.760 --> 55:26.760]  These laws are very carefully constructed because we have so many scoundrels out there looking for every possible way to cheat and maneuver around the law.
[55:26.760 --> 55:31.760]  And we've had that for a couple hundred years.
[55:31.760 --> 55:35.760]  So we've had lots and lots of scoundrels over the years.
[55:35.760 --> 55:41.760]  And because of that, the laws have been very carefully constructed.
[55:41.760 --> 55:45.760]  They got all the remedy you need. Just read it carefully.
[55:45.760 --> 55:48.760]  You don't have to read the whole criminal procedure code.
[55:48.760 --> 55:56.760]  Go in and do a search for Massachusetts duty of magistrates.
[55:56.760 --> 56:01.760]  And in some states, they call certain judges magistrates.
[56:01.760 --> 56:05.760]  In the Fed, they have magistrate judges.
[56:05.760 --> 56:09.760]  They're not magistrates in the purest sense.
[56:09.760 --> 56:17.760]  They're merely appointed judges that take some of the workload off the federal judge.
[56:17.760 --> 56:20.760]  So they're not really magistrates per se.
[56:20.760 --> 56:26.760]  In Texas, 2.09 says, who are magistrates?
[56:26.760 --> 56:27.760]  And it names them.
[56:27.760 --> 56:31.760]  And that's every judge in the state of Texas is a magistrate.
[56:31.760 --> 56:33.760]  Plus a few more, yeah.
[56:33.760 --> 56:35.760]  And they got something called reporters.
[56:35.760 --> 56:38.760]  Recorders are not sure what that means.
[56:38.760 --> 56:40.760]  It's unclear.
[56:40.760 --> 56:43.760]  In Texas, it's the county clerk.
[56:43.760 --> 56:47.760]  I've read that.
[56:47.760 --> 56:50.760]  They don't necessarily know it, but it says it straight up.
[56:50.760 --> 56:52.760]  Yeah, it does say it.
[56:52.760 --> 56:55.760]  So read your code.
[56:55.760 --> 56:57.760]  This is where you get them the best.
[56:57.760 --> 56:59.760]  They never read their code.
[56:59.760 --> 57:01.760]  I'm in Texas.
[57:01.760 --> 57:03.760]  My son-in-law is a justice of the peace.
[57:03.760 --> 57:07.760]  When he got elected, I walked him through the code.
[57:07.760 --> 57:14.760]  Then he went to San Marcos, Texas, South Austin, to Texas State University,
[57:14.760 --> 57:17.760]  and they trained him in how to do it.
[57:17.760 --> 57:22.760]  And he said to me, I read your documents, and it sounds right,
[57:22.760 --> 57:26.760]  but that's not how I've been trained.
[57:26.760 --> 57:34.760]  They trained him to do everything wrong, absolutely in violation of code,
[57:34.760 --> 57:36.760]  but that's how everybody does it.
[57:36.760 --> 57:40.760]  You've probably got the same thing in Massachusetts.
[57:40.760 --> 57:42.760]  Read the code.
[57:42.760 --> 57:44.760]  Read the penal code.
[57:44.760 --> 57:47.760]  Read the code of criminal procedure twice.
[57:47.760 --> 57:49.760]  Just read through it quickly first.
[57:49.760 --> 57:51.760]  Then come back and read it again.
[57:51.760 --> 57:56.760]  Then we'll have a whole different conversation.
[57:56.760 --> 57:59.760]  I'll ask you questions, and you won't take so much time to answer.
[57:59.760 --> 58:01.760]  You'll be quick.
[58:01.760 --> 58:03.760]  And then you'll start going into the court
[58:03.760 --> 58:08.760]  and giving the court, the judge, opportunities to screw up.
[58:08.760 --> 58:12.760]  And then when they screw up, boom, you get to land on them.
[58:12.760 --> 58:18.760]  It goes to my rule, never ask a public official to do anything you actually want them to do
[58:18.760 --> 58:24.760]  because you never ask them to do anything that the law does not command them to do.
[58:24.760 --> 58:27.760]  Then you get to land on them like a ton of bricks.
[58:27.760 --> 58:29.760]  But you've got to know your code.
[58:29.760 --> 58:35.760]  Randy Kelton, Brett Fountain, Rule of Law Radio, a call-in number.
[58:35.760 --> 58:36.760]  I don't know.
[58:36.760 --> 58:39.760]  I've got a full board of callers, so I won't give out the call-in number.
[58:39.760 --> 58:40.760]  Hang on.
[58:40.760 --> 58:43.760]  Go into our sponsors.
[58:43.760 --> 58:47.760]  We'll be right back in a few seconds.
[58:47.760 --> 59:13.760]  I was too soon.
[59:13.760 --> 59:18.760]  These books are a three-volume set called Basic Elements of the Christian Life.
[59:18.760 --> 59:21.760]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.760 --> 59:24.760]  clearly presents God's plan of salvation,
[59:24.760 --> 59:27.760]  growing in Christ, and how to build up the Church.
[59:27.760 --> 59:30.760]  To order your free New Testament Recovery Version
[59:30.760 --> 59:33.760]  and Basic Elements of the Christian Life,
[59:33.760 --> 59:40.760]  call Bibles for America toll-free at 888-551-0102.
[59:40.760 --> 59:44.760]  Call Bibles for America toll-free at 888-551-0102.
[59:44.760 --> 59:49.760]  Or visit us online at bfa.org.
[59:49.760 --> 01:00:01.760]  Live, free speech radio, logosradionetwork.com.
[01:00:01.760 --> 01:00:05.760]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.760 --> 01:00:08.760]  They guarantee the specific freedoms Americans should know and protect.
[01:00:08.760 --> 01:00:10.760]  Our liberty depends on it.
[01:00:10.760 --> 01:00:13.760]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:00:13.760 --> 01:00:16.760]  to remember one of your constitutional rights.
[01:00:16.760 --> 01:00:18.760]  Privacy is under attack.
[01:00:18.760 --> 01:00:21.760]  When you give up data about yourself, you'll never get it back again.
[01:00:21.760 --> 01:00:26.760]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:00:26.760 --> 01:00:28.760]  So protect your rights.
[01:00:28.760 --> 01:00:31.760]  Say no to surveillance and keep your information to yourself.
[01:00:31.760 --> 01:00:34.760]  Privacy, it's worth hanging on to.
[01:00:34.760 --> 01:00:38.760]  This public service announcement is brought to you by StartPage.com,
[01:00:38.760 --> 01:00:42.760]  the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.760 --> 01:00:45.760]  Start over with StartPage.
[01:00:45.760 --> 01:00:48.760]  Imagine your mom and dad are getting ready for bed.
[01:00:48.760 --> 01:00:51.760]  They pull back the covers and find a third party there.
[01:00:51.760 --> 01:00:54.760]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.760 --> 01:00:57.760]  That shocking image of a third party in my parents' bed reminds me
[01:00:57.760 --> 01:01:00.760]  what the Third Amendment was designed to prevent.
[01:01:00.760 --> 01:01:03.760]  It protects us from being forced to share our homes with soldiers,
[01:01:03.760 --> 01:01:06.760]  a common demand in the days of our founding fathers.
[01:01:06.760 --> 01:01:09.760]  Third party, Third Amendment? Get it?
[01:01:09.760 --> 01:01:12.760]  So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:12.760 --> 01:01:16.760]  tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:16.760 --> 01:01:21.760]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:21.760 --> 01:01:24.760]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:24.760 --> 01:01:27.760]  They guarantee the specific freedoms Americans should know and protect.
[01:01:27.760 --> 01:01:30.760]  Our liberty depends on it.
[01:01:30.760 --> 01:01:33.760]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:01:33.760 --> 01:01:36.760]  to remember one of your Constitutional rights.
[01:01:36.760 --> 01:01:39.760]  Privacy is under attack.
[01:01:39.760 --> 01:01:42.760]  When you give up data about yourself, you'll never get it back.
[01:01:42.760 --> 01:01:45.760]  You'll never get it back.
[01:01:45.760 --> 01:01:48.760]  You'll never get it back.
[01:01:48.760 --> 01:01:51.760]  When you give up data about yourself, you'll never get it back again.
[01:01:51.760 --> 01:01:56.760]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:56.760 --> 01:02:01.760]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:02:01.760 --> 01:02:04.760]  Privacy, it's worth hanging on to.
[01:02:04.760 --> 01:02:07.760]  This public service announcement is brought to you by StartPage.com,
[01:02:07.760 --> 01:02:11.760]  the private search engine alternative to Google, Yahoo, and Bing.
[01:02:11.760 --> 01:02:15.760]  Start over with StartPage.
[01:02:15.760 --> 01:02:19.760]  Imagine four eyes staring at you through binoculars, a magnifying glass,
[01:02:19.760 --> 01:02:21.760]  or a pair of x-ray goggles.
[01:02:21.760 --> 01:02:25.760]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom
[01:02:25.760 --> 01:02:27.760]  from unreasonable search and seizure.
[01:02:27.760 --> 01:02:30.760]  Fourth Amendment, four eyes staring at you, get it?
[01:02:30.760 --> 01:02:33.760]  Unfortunately, the government is trampling our Fourth Amendment rights
[01:02:33.760 --> 01:02:37.760]  in the name of security, keys in point, TSA airport scanners
[01:02:37.760 --> 01:02:39.760]  that peer under your clothing.
[01:02:39.760 --> 01:02:43.760]  When government employees demand a peep at your privates without probable cause,
[01:02:43.760 --> 01:02:46.760]  I say it's time to sound the constitutional alarm bells.
[01:02:46.760 --> 01:02:49.760]  Join me in asking our representatives to dust off the Bill of Rights
[01:02:49.760 --> 01:02:53.760]  and use their googly eyes to take a gander at the Fourth.
[01:02:53.760 --> 01:03:18.760]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:23.760 --> 01:03:47.760]  Okay, we are back.
[01:03:47.760 --> 01:03:49.760]  Brenda Pelton, Brett Fountain, Ruth La Radio.
[01:03:49.760 --> 01:03:51.760]  We're talking to Eric in Massachusetts.
[01:03:51.760 --> 01:04:00.760]  Okay, Eric, have you been through Dr. Gray's jurisdiction area?
[01:04:00.760 --> 01:04:02.760]  Yes, I'm still studying it, but yes.
[01:04:02.760 --> 01:04:08.760]  And I've done my Supreme Court, excuse me, Superior Court cases
[01:04:08.760 --> 01:04:13.760]  and two appeals and one, you know, one request to the Supreme Court.
[01:04:13.760 --> 01:04:15.760]  So I'm familiar with the court system.
[01:04:15.760 --> 01:04:18.760]  I'm not familiar with the administrative court system,
[01:04:18.760 --> 01:04:27.760]  which seems, again, it seems pretty unconstitutional for lack of a better term.
[01:04:27.760 --> 01:04:33.760]  And basically they just violate a lot of rights due process and et cetera, et cetera.
[01:04:33.760 --> 01:04:35.760]  Read the rules.
[01:04:35.760 --> 01:04:36.760]  Yep.
[01:04:36.760 --> 01:04:41.760]  Read them real careful because there is no way they got these rules passed
[01:04:41.760 --> 01:04:47.760]  without passing Supreme Court muster.
[01:04:47.760 --> 01:04:51.760]  In every state I've looked at for court to have any rules,
[01:04:51.760 --> 01:04:55.760]  the Supreme Court has to pass those rules.
[01:04:55.760 --> 01:04:57.760]  So if they're doing things that are unconstitutional,
[01:04:57.760 --> 01:05:00.760]  I can guarantee you they're against the rules.
[01:05:00.760 --> 01:05:02.760]  Well, let me ask you this.
[01:05:02.760 --> 01:05:07.760]  What about these parking ticket administrative courts or, you know,
[01:05:07.760 --> 01:05:09.760]  speeding ticket administrative courts?
[01:05:09.760 --> 01:05:11.760]  Aren't those basically the same?
[01:05:11.760 --> 01:05:18.760]  Those are absolutely the most corrupt courts in the nation.
[01:05:18.760 --> 01:05:23.760]  They pay absolutely no attention to law at all
[01:05:23.760 --> 01:05:29.760]  until somebody like Brett comes along and winds their clock.
[01:05:29.760 --> 01:05:34.760]  But there are so few that ever do that.
[01:05:34.760 --> 01:05:40.760]  Ninety-nine point nine percent of all the people who get tickets pay fine.
[01:05:40.760 --> 01:05:42.760]  They can do anything they want to.
[01:05:42.760 --> 01:05:47.760]  Seventy-three percent, they get a ticket, they just write a check and send it in.
[01:05:47.760 --> 01:05:50.760]  Twenty-seven percent object.
[01:05:50.760 --> 01:05:56.760]  They're brought in to meet with an attorney and ninety-nine percent of those make a deal.
[01:05:56.760 --> 01:05:58.760]  Nobody fights them.
[01:05:58.760 --> 01:06:00.760]  They can do anything they want to.
[01:06:00.760 --> 01:06:03.760]  One in a thousand objects.
[01:06:03.760 --> 01:06:07.760]  So they have to deal with one in a thousand.
[01:06:07.760 --> 01:06:09.760]  That's the court I'm dealing with essentially.
[01:06:09.760 --> 01:06:13.760]  That lawless court.
[01:06:13.760 --> 01:06:15.760]  I go to the Superior Court.
[01:06:15.760 --> 01:06:16.760]  I go to Appeals Court.
[01:06:16.760 --> 01:06:19.760]  I know the laws.
[01:06:19.760 --> 01:06:22.760]  I'm in a court, in a traffic issue,
[01:06:22.760 --> 01:06:26.760]  and I've got about a half a dozen criminal charges against the judge
[01:06:26.760 --> 01:06:28.760]  and a whole bunch against other people.
[01:06:28.760 --> 01:06:33.760]  I filed some complaints with the judge, and the judge refused to act on them.
[01:06:33.760 --> 01:06:37.760]  Now I'm going to sue him personally for not acting on that.
[01:06:37.760 --> 01:06:43.760]  But it's been a while since this judge had a personal lawsuit filed against him.
[01:06:43.760 --> 01:06:46.760]  See how he likes that.
[01:06:46.760 --> 01:06:49.760]  Win, lose, or draw, he loses.
[01:06:49.760 --> 01:06:53.760]  Because I sue him in his personal capacity.
[01:06:53.760 --> 01:06:55.760]  That's what I did with this fursuit.
[01:06:55.760 --> 01:07:00.760]  And the lawyers are so inept, they argue qualified immunity.
[01:07:00.760 --> 01:07:04.760]  Well, I didn't sue the judge as a judge.
[01:07:04.760 --> 01:07:06.760]  I sued him in his personal capacity.
[01:07:06.760 --> 01:07:12.760]  They had to argue a personal capacity suit, and they didn't.
[01:07:12.760 --> 01:07:19.760]  So their subject matter jurisdiction challenge was off point.
[01:07:19.760 --> 01:07:23.760]  And then their young lawyers always gave the young lawyers the proceeds.
[01:07:23.760 --> 01:07:25.760]  So they're low-hanging fruit.
[01:07:25.760 --> 01:07:31.760]  This guy filed a subject matter jurisdiction challenge and answer.
[01:07:31.760 --> 01:07:34.760]  Now what the heck is that nonsense?
[01:07:34.760 --> 01:07:36.760]  He could have filed one or the other.
[01:07:36.760 --> 01:07:42.760]  If he filed a subject matter jurisdiction challenge, it stopped the clock.
[01:07:42.760 --> 01:07:45.760]  So he didn't have to file an answer.
[01:07:45.760 --> 01:07:48.760]  If he won the subject matter jurisdiction challenge, it's over.
[01:07:48.760 --> 01:07:55.760]  But he named it a subject matter jurisdiction and answer, and because he did that.
[01:07:55.760 --> 01:08:03.760]  When I maintained that his subject matter jurisdiction challenge argued an issue that was not before the court,
[01:08:03.760 --> 01:08:11.760]  then you could only consider the filing as an answer, and it had to be verified.
[01:08:11.760 --> 01:08:17.760]  A subject matter jurisdiction challenge doesn't have to be verified, at least in Texas,
[01:08:17.760 --> 01:08:19.760]  because generally they don't bring facts.
[01:08:19.760 --> 01:08:21.760]  They just bring law.
[01:08:21.760 --> 01:08:29.760]  They argue the facts that are already before the court and say that doesn't give the court jurisdiction.
[01:08:29.760 --> 01:08:35.760]  An answer generally brings facts on their side, so it has to be verified.
[01:08:35.760 --> 01:08:38.760]  He didn't verify it.
[01:08:38.760 --> 01:08:42.760]  Why the heck did he not do that?
[01:08:42.760 --> 01:08:48.760]  If you verify something that doesn't need to be verified, no harm, no foul.
[01:08:48.760 --> 01:08:52.760]  But if you don't verify something that needs to be verified, you're screwed.
[01:08:52.760 --> 01:08:55.760]  These guys are incompetent.
[01:08:55.760 --> 01:08:58.760]  Lawyers in general are incompetent enough.
[01:08:58.760 --> 01:09:01.760]  Yeah, but they don't call each other on it.
[01:09:01.760 --> 01:09:03.760]  No, they never do.
[01:09:03.760 --> 01:09:08.760]  And they sure don't expect the pro se to call them on it.
[01:09:08.760 --> 01:09:14.760]  That's why, read their code, know exactly what they're required to do,
[01:09:14.760 --> 01:09:19.760]  and the best thing you need to do is hammer those lawyers with bar grievances.
[01:09:19.760 --> 01:09:21.760]  Every time they move, bar grieve them.
[01:09:21.760 --> 01:09:24.760]  What's going to happen is you're going to go to court one day,
[01:09:24.760 --> 01:09:27.760]  and these lawyers are going to do stupid stuff.
[01:09:27.760 --> 01:09:29.760]  You're going to file some bar grievances,
[01:09:29.760 --> 01:09:33.760]  and the bar association will throw the grievances into trash,
[01:09:33.760 --> 01:09:38.760]  and their insurance company will cancel their own practice insurance.
[01:09:38.760 --> 01:09:41.760]  So you come back and you've got a different lawyer.
[01:09:41.760 --> 01:09:43.760]  How many did you have in that one case?
[01:09:43.760 --> 01:09:46.760]  Was it seven or nine, Brett?
[01:09:46.760 --> 01:09:49.760]  I went through 12 of them for that lady, Ms. Patty.
[01:09:49.760 --> 01:09:54.760]  I went through 12 lawyers.
[01:09:54.760 --> 01:09:58.760]  And a bunch of those were partners of the law firm.
[01:09:58.760 --> 01:10:07.760]  And you can technically sue every one of them for malpractice.
[01:10:07.760 --> 01:10:19.760]  So if they're going to bring you into court, make it interesting for them.
[01:10:19.760 --> 01:10:21.760]  Make it interesting for them.
[01:10:21.760 --> 01:10:23.760]  I like it.
[01:10:23.760 --> 01:10:26.760]  Do you have anything else for us, Eric?
[01:10:26.760 --> 01:10:29.760]  I assume you can't combine writ of mandamus.
[01:10:29.760 --> 01:10:31.760]  You can't take two cases.
[01:10:31.760 --> 01:10:34.760]  So again, let's say I have two cases regarding a Zoom hearing.
[01:10:34.760 --> 01:10:36.760]  Excuse me.
[01:10:36.760 --> 01:10:38.760]  I have two cases regarding a Zoom hearing where I'm saying,
[01:10:38.760 --> 01:10:40.760]  hey, you can't hold a Zoom hearing.
[01:10:40.760 --> 01:10:43.760]  Can I take two cases together and put them under one writ of mandamus?
[01:10:43.760 --> 01:10:46.760]  I assume you could not.
[01:10:46.760 --> 01:10:48.760]  Two separate cases?
[01:10:48.760 --> 01:10:49.760]  No.
[01:10:49.760 --> 01:10:54.760]  You have to, your motion has to be filed under a cause number.
[01:10:54.760 --> 01:10:56.760]  You can't do two cause numbers at once.
[01:10:56.760 --> 01:11:04.760]  You just have to file it in one and then make a photocopy of it and file it in the second.
[01:11:04.760 --> 01:11:12.760]  Well, again, I have to take a writ of mandamus up to the Massachusetts Supreme Court, right?
[01:11:12.760 --> 01:11:19.760]  Yes, but that's great because you're really going to get their attention.
[01:11:19.760 --> 01:11:21.760]  And if you bring a constitutional challenge,
[01:11:21.760 --> 01:11:25.760]  especially if you bring a federal constitutional challenge,
[01:11:25.760 --> 01:11:32.760]  then you can appeal it up to the Fed and they're going to know that.
[01:11:32.760 --> 01:11:40.760]  Or if you bring a challenge in the state court that could have been brought in the federal court
[01:11:40.760 --> 01:11:51.760]  and they rule against you, you have option to file an appeal to the federal courts.
[01:11:51.760 --> 01:11:57.760]  When they see a federal challenge, the Supreme is going to get real interested in that
[01:11:57.760 --> 01:12:01.760]  because they're not going to want you to take it to the Feds.
[01:12:01.760 --> 01:12:09.760]  Now, they can protect each other, but the Feds aren't always so lenient with the states.
[01:12:09.760 --> 01:12:16.760]  And again, that's why I want to get a 1983 out there because I don't want to deal with these states anymore.
[01:12:16.760 --> 01:12:29.760]  You can't get to 1983 unless you go through the steps and get all the violations that get you to a 1983.
[01:12:29.760 --> 01:12:32.760]  If you haven't been harmed, you have no standing.
[01:12:32.760 --> 01:12:35.760]  Right.
[01:12:35.760 --> 01:12:38.760]  Well, again, they're trying to force me into a Zoom hearing.
[01:12:38.760 --> 01:12:39.760]  They're not giving me due process.
[01:12:39.760 --> 01:12:41.760]  They're not giving me process of service.
[01:12:41.760 --> 01:12:46.760]  They're not giving me jurisdiction.
[01:12:46.760 --> 01:12:51.760]  Well, are they required to in these circumstances?
[01:12:51.760 --> 01:12:54.760]  Well, under any lawsuit, any real lawsuit...
[01:12:54.760 --> 01:12:58.760]  No, no, you can't do that.
[01:12:58.760 --> 01:13:06.760]  You have to be able to say in this court, under this rule, this is what they have to do.
[01:13:06.760 --> 01:13:09.760]  You can't just speak generally like that.
[01:13:09.760 --> 01:13:10.760]  Okay, I mean, that's fair.
[01:13:10.760 --> 01:13:21.760]  I'm doing it only in this conversation, but your point is well made and well taken.
[01:13:21.760 --> 01:13:23.760]  Okay, good.
[01:13:23.760 --> 01:13:25.760]  Do you have anything else for us?
[01:13:25.760 --> 01:13:28.760]  No, you have taken plenty of your time, and I really appreciate your help.
[01:13:28.760 --> 01:13:32.760]  And you set me straight on a number of important things.
[01:13:32.760 --> 01:13:33.760]  Thank you so much.
[01:13:33.760 --> 01:13:34.760]  Good.
[01:13:34.760 --> 01:13:35.760]  Okay.
[01:13:35.760 --> 01:13:37.760]  Thank you, and don't be a stranger.
[01:13:37.760 --> 01:13:41.760]  Okay, now we're going to go to...
[01:13:41.760 --> 01:13:45.760]  I'm looking to see if we have a call from last night that we missed.
[01:13:45.760 --> 01:13:47.760]  No, we don't.
[01:13:47.760 --> 01:13:49.760]  John in Kansas.
[01:13:49.760 --> 01:13:52.760]  Hello, John.
[01:13:52.760 --> 01:13:53.760]  Hello, Randy.
[01:13:53.760 --> 01:13:54.760]  Can you hear me?
[01:13:54.760 --> 01:13:55.760]  I can hear you.
[01:13:55.760 --> 01:13:59.760]  What do you have for us today?
[01:13:59.760 --> 01:14:09.760]  I had actually called a few weeks ago regarding on top of the guy out from Missouri, and he
[01:14:09.760 --> 01:14:15.760]  got charged with criminal trespass and disorderly conduct, and we had a trial coming up.
[01:14:15.760 --> 01:14:27.760]  We ended up having the trial, and we got a court reporter, and we were able to get all
[01:14:27.760 --> 01:14:35.760]  the witnesses and all the police officers to effectively prove that he didn't meet any
[01:14:35.760 --> 01:14:37.760]  elements of whatever crime.
[01:14:37.760 --> 01:14:46.760]  So either way, the judge found him guilty, and we're on the appeal from this municipal
[01:14:46.760 --> 01:14:47.760]  trial.
[01:14:47.760 --> 01:14:53.760]  And it's actually Chris from Missouri called in last night, and I just wanted to kind of
[01:14:53.760 --> 01:15:02.760]  clarify, in Kansas, appeals from a municipal court go to the district court.
[01:15:02.760 --> 01:15:09.760]  And it's set up different than the way Texas or Missouri or somewhere.
[01:15:09.760 --> 01:15:11.760]  Okay, hold on.
[01:15:11.760 --> 01:15:14.760]  Is it trial de novo?
[01:15:14.760 --> 01:15:17.760]  It is trial de novo.
[01:15:17.760 --> 01:15:25.760]  And it's trial de novo, however, the way the appellate court has...
[01:15:25.760 --> 01:15:30.760]  It's weird because it is an appellate case, but it's tried in the district court.
[01:15:30.760 --> 01:15:36.760]  And as they call it trial de novo, however, it's not a new trial.
[01:15:36.760 --> 01:15:38.760]  It's only a new trial on evidence.
[01:15:38.760 --> 01:15:40.760]  That means you can bring new evidence.
[01:15:40.760 --> 01:15:42.760]  It is an appeal.
[01:15:42.760 --> 01:15:47.760]  Okay, that was why I asked that question.
[01:15:47.760 --> 01:15:52.760]  Most people, when they hear trial de novo, they think a do-over.
[01:15:52.760 --> 01:16:02.760]  And it's only trial de novo for the purpose of perfecting appeal.
[01:16:02.760 --> 01:16:09.760]  It doesn't make the bad things the court did in the first hearing go away.
[01:16:09.760 --> 01:16:13.760]  You can still bring those issues to the trial court.
[01:16:13.760 --> 01:16:14.760]  You can charge them.
[01:16:14.760 --> 01:16:15.760]  You can sue them.
[01:16:15.760 --> 01:16:17.760]  You do whatever.
[01:16:17.760 --> 01:16:21.760]  It's not a new trial.
[01:16:21.760 --> 01:16:22.760]  Yes, sir.
[01:16:22.760 --> 01:16:23.760]  Yes, exactly.
[01:16:23.760 --> 01:16:26.760]  But everybody thinks it is.
[01:16:26.760 --> 01:16:29.760]  Yeah, they think it is.
[01:16:29.760 --> 01:16:33.760]  The reason that's important is collateral estoppel.
[01:16:33.760 --> 01:16:38.760]  If they screwed up and said the wrong thing in the original trial,
[01:16:38.760 --> 01:16:41.760]  you can bring that into this one.
[01:16:41.760 --> 01:16:46.760]  Because once they've said it in court, they can't take it back.
[01:16:46.760 --> 01:16:47.760]  Okay, hang on.
[01:16:47.760 --> 01:16:52.760]  About to go to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:16:52.760 --> 01:16:55.760]  And it looks like we've got a first-time caller.
[01:16:55.760 --> 01:16:56.760]  Okay, hang on.
[01:16:56.760 --> 01:16:59.760]  We'll be right back.
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[01:17:59.760 --> 01:18:00.760]  I love logos.
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[01:18:09.760 --> 01:18:12.760]  and I really want to help keep this network on the air.
[01:18:12.760 --> 01:18:15.760]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite,
[01:18:15.760 --> 01:18:19.760]  and I really don't have any money to give because I spent it all on supplements.
[01:18:19.760 --> 01:18:21.760]  How can I help logos?
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[01:18:40.760 --> 01:18:42.760]  and logos gets a few pesos.
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[01:18:57.760 --> 01:18:59.760]  Happy holidays, logos.
[01:19:27.760 --> 01:19:28.760]  Okay.
[01:19:28.760 --> 01:19:33.760]  We are back, and we're talking to John in Kansas.
[01:19:33.760 --> 01:19:35.760]  Okay.
[01:19:35.760 --> 01:19:39.760]  So the rule against you, you're appealing it.
[01:19:39.760 --> 01:19:44.760]  Did you do any jittershikanda complaints or bar grievances?
[01:19:44.760 --> 01:19:46.760]  Yes.
[01:19:46.760 --> 01:19:49.760]  So Chris, he's from Missouri.
[01:19:49.760 --> 01:19:55.760]  I mean, the last count I had, he's done 18 bar grievances.
[01:19:55.760 --> 01:19:57.760]  Wait a minute.
[01:19:57.760 --> 01:19:58.760]  Wait a minute.
[01:19:58.760 --> 01:20:00.760]  Why was he holding back?
[01:20:00.760 --> 01:20:03.760]  He wasn't holding back.
[01:20:03.760 --> 01:20:09.760]  He said he got kind of, I don't know, he just kind of got thrown off a little bit.
[01:20:09.760 --> 01:20:18.760]  But this guy, he's like a, what do they call this, badger, like honey badger.
[01:20:18.760 --> 01:20:21.760]  He has been attacking these people.
[01:20:21.760 --> 01:20:29.760]  He's been doing records requests like crazy, and he got them to pull out contracts from 1970s.
[01:20:29.760 --> 01:20:31.760]  He is putting it to them.
[01:20:31.760 --> 01:20:35.760]  If I told him to do a bar grievance, he did five.
[01:20:35.760 --> 01:20:36.760]  Good.
[01:20:36.760 --> 01:20:41.760]  He learned on his own that he had to face the bar grievances out.
[01:20:41.760 --> 01:20:46.760]  So he's going at them.
[01:20:46.760 --> 01:20:54.760]  And I've been helping him through everything as much as I can, but also I'm learning at the same time.
[01:20:54.760 --> 01:21:01.760]  I'm not going to make myself out to have this huge record or whatever else, but he's going after them.
[01:21:01.760 --> 01:21:06.760]  As far as all the bar grievances he's done, I know he's done one judicial complaint,
[01:21:06.760 --> 01:21:19.760]  and we're building a judicial complaint for the municipal judge that has to get him disbarred.
[01:21:19.760 --> 01:21:23.760]  We don't, I don't want to go into everything that they did in the municipal court.
[01:21:23.760 --> 01:21:32.760]  The judge basically told him that they had no obligation to the criminal rules and procedure.
[01:21:32.760 --> 01:21:36.760]  He had no idea where to find the rules of evidence.
[01:21:36.760 --> 01:21:38.760]  He was a really corrupt guy.
[01:21:38.760 --> 01:21:46.760]  I mean, at the trial, he basically told them, he said, well, you didn't have any intent to trespass,
[01:21:46.760 --> 01:21:55.760]  but you did leave on your own, but I would understand if it was a couple seconds,
[01:21:55.760 --> 01:21:57.760]  but you took three or four minutes.
[01:21:57.760 --> 01:22:01.760]  You took a little while, so I'm going to find you guilty of criminal trespass.
[01:22:01.760 --> 01:22:04.760]  That's the type of judge you were.
[01:22:04.760 --> 01:22:13.760]  You need that record before the, he has already admitted on the record
[01:22:13.760 --> 01:22:22.760]  that your guy didn't commit criminal trespass, that he left on his own.
[01:22:22.760 --> 01:22:28.760]  And they apparently have already admitted that the officers who made the arrest
[01:22:28.760 --> 01:22:31.760]  did not personally see or hear the offense being committed.
[01:22:31.760 --> 01:22:33.760]  That's on a record.
[01:22:33.760 --> 01:22:34.760]  That stays on.
[01:22:34.760 --> 01:22:37.760]  That record comes with you to this court.
[01:22:37.760 --> 01:22:38.760]  Yes.
[01:22:38.760 --> 01:22:39.760]  Yes.
[01:22:39.760 --> 01:22:45.760]  And then you ask for some re-judgment.
[01:22:45.760 --> 01:22:52.760]  Yes, so we have the transcript, and we have testimony that the police officers
[01:22:52.760 --> 01:22:58.760]  and the store employees all testified that he didn't meet any element of any crime.
[01:22:58.760 --> 01:23:03.760]  And so, yes, we're going to bring these transcripts into the appeal.
[01:23:03.760 --> 01:23:04.760]  Okay.
[01:23:04.760 --> 01:23:06.760]  I have another question.
[01:23:06.760 --> 01:23:07.760]  Okay.
[01:23:07.760 --> 01:23:08.760]  The judge.
[01:23:08.760 --> 01:23:11.760]  This is a judge in a municipal court.
[01:23:11.760 --> 01:23:12.760]  Yes.
[01:23:12.760 --> 01:23:18.760]  Most judges in municipal courts are also lawyers with a practice.
[01:23:18.760 --> 01:23:20.760]  Have you checked?
[01:23:20.760 --> 01:23:22.760]  Yes, he is.
[01:23:22.760 --> 01:23:23.760]  Yes.
[01:23:23.760 --> 01:23:26.760]  Have you bar-grieved him into the Stone Age?
[01:23:26.760 --> 01:23:27.760]  Yes.
[01:23:27.760 --> 01:23:31.760]  He's getting bar-grieved, and as far as I know, off the check is correct,
[01:23:31.760 --> 01:23:34.760]  he's bar-grieved every lawyer in that law firm.
[01:23:34.760 --> 01:23:37.760]  It includes him and the prosecutor.
[01:23:37.760 --> 01:23:41.760]  He's bar-grieved every lawyer in that law firm as well.
[01:23:41.760 --> 01:23:43.760]  I can't believe he's bar-grieved.
[01:23:43.760 --> 01:23:45.760]  Brett, you would like this guy.
[01:23:45.760 --> 01:23:46.760]  Yeah.
[01:23:46.760 --> 01:23:50.760]  He's stirring up all kinds of fun over there.
[01:23:50.760 --> 01:23:56.760]  He's had, I think, last night or the night before,
[01:23:56.760 --> 01:23:59.760]  he had some police officer show up to his door.
[01:23:59.760 --> 01:24:02.760]  He feels like, because I'm doing all this stuff,
[01:24:02.760 --> 01:24:05.760]  I don't know what this police officer showed up to my door.
[01:24:05.760 --> 01:24:07.760]  He's a fighter.
[01:24:07.760 --> 01:24:09.760]  He's putting it to him, absolutely.
[01:24:09.760 --> 01:24:11.760]  He's learning from you guys,
[01:24:11.760 --> 01:24:14.760]  and he's trying to do everything he can to get going.
[01:24:14.760 --> 01:24:18.760]  Absolutely, to help somebody,
[01:24:18.760 --> 01:24:22.760]  he's the type of guy that you want to help, because he's going.
[01:24:22.760 --> 01:24:27.760]  He's doing everything he possibly can.
[01:24:27.760 --> 01:24:35.760]  Now, this appeal in Kansas goes to the district court,
[01:24:35.760 --> 01:24:44.760]  and the statutes say there has to be an appeal hearing,
[01:24:44.760 --> 01:24:46.760]  and it says shall.
[01:24:46.760 --> 01:24:51.760]  The court shall hear the original complaint,
[01:24:51.760 --> 01:24:58.760]  and if the court finds that the original complaint is defective,
[01:24:58.760 --> 01:25:06.760]  then the court should have the prosecutor amend the complaint.
[01:25:06.760 --> 01:25:12.760]  So when he went to go to this appeal hearing, he was at an arraignment.
[01:25:12.760 --> 01:25:15.760]  Right then and there, they made a huge mistake.
[01:25:15.760 --> 01:25:19.760]  They're not following standard legal process.
[01:25:19.760 --> 01:25:26.760]  Do you have a statute on simulating a legal process?
[01:25:26.760 --> 01:25:29.760]  Absolutely, yes, absolutely.
[01:25:29.760 --> 01:25:33.760]  You need to file that against the judge and the prosecutor.
[01:25:33.760 --> 01:25:37.760]  That is, I literally, we spoke about that today.
[01:25:37.760 --> 01:25:46.760]  So the simulating legal process and obstruction of justice,
[01:25:46.760 --> 01:25:48.760]  he has a right to this hearing.
[01:25:48.760 --> 01:25:50.760]  He has a right to see the complaint.
[01:25:50.760 --> 01:25:54.760]  I mean, statutorily, he has a right to see the complaint.
[01:25:54.760 --> 01:25:57.760]  There's no complaint, like he told you last night.
[01:25:57.760 --> 01:25:59.760]  He never even got a ticket.
[01:25:59.760 --> 01:26:01.760]  They went to trial.
[01:26:01.760 --> 01:26:03.760]  He never even got the citation.
[01:26:03.760 --> 01:26:05.760]  He never got any information.
[01:26:05.760 --> 01:26:06.760]  He never got a complaint.
[01:26:06.760 --> 01:26:09.760]  And we've done, I think we did four or five
[01:26:09.760 --> 01:26:11.760]  subject matter of jurisdiction motions.
[01:26:11.760 --> 01:26:13.760]  They denied them all.
[01:26:13.760 --> 01:26:15.760]  He did a subject matter of jurisdiction challenge
[01:26:15.760 --> 01:26:19.760]  before court, right before trial.
[01:26:19.760 --> 01:26:23.760]  Did you file criminal charges against the judge?
[01:26:23.760 --> 01:26:25.760]  Yes, yes, yes.
[01:26:25.760 --> 01:26:26.760]  Good.
[01:26:26.760 --> 01:26:29.760]  So we filed criminal charges against all the police officers,
[01:26:29.760 --> 01:26:31.760]  the judge and the prosecutor.
[01:26:31.760 --> 01:26:33.760]  Okay, let's take a step back now.
[01:26:33.760 --> 01:26:35.760]  You filed criminal complaints.
[01:26:35.760 --> 01:26:38.760]  How did you do that?
[01:26:38.760 --> 01:26:44.760]  We filed them with the DA of the county, the attorney general,
[01:26:44.760 --> 01:26:49.760]  and the chief judge of the district court.
[01:26:49.760 --> 01:26:55.760]  What does Missouri law say about duties of magistrates
[01:26:55.760 --> 01:26:59.760]  and who are magistrates?
[01:26:59.760 --> 01:27:02.760]  Okay, in Kansas, all judges are magistrates.
[01:27:02.760 --> 01:27:04.760]  Oh, I'm sorry, Kansas.
[01:27:04.760 --> 01:27:06.760]  Yeah, even if all judges are magistrates,
[01:27:06.760 --> 01:27:09.760]  including the Supreme Court.
[01:27:09.760 --> 01:27:10.760]  Good.
[01:27:10.760 --> 01:27:11.760]  That's the same as Texas.
[01:27:11.760 --> 01:27:12.760]  Okay.
[01:27:12.760 --> 01:27:22.760]  What does the criminal procedure code say about duties of magistrates?
[01:27:22.760 --> 01:27:26.760]  I don't know, I don't know exactly.
[01:27:26.760 --> 01:27:30.760]  I guess that's one thing I wouldn't have off the top of my head.
[01:27:30.760 --> 01:27:34.760]  Okay, going to the district attorney is a waste of time
[01:27:34.760 --> 01:27:38.760]  because he's going to, well, maybe.
[01:27:38.760 --> 01:27:40.760]  It depends on what you want to do.
[01:27:40.760 --> 01:27:46.760]  I filed some criminal complaints with the district attorney in Travis County.
[01:27:46.760 --> 01:27:51.760]  Actually, yeah, no, Brent, you and Tina filed some complaints
[01:27:51.760 --> 01:27:54.760]  with the district attorney in Travis County.
[01:27:54.760 --> 01:27:57.760]  They did their shuffling.
[01:27:57.760 --> 01:28:04.760]  He decided that he did not have subject matter jurisdiction.
[01:28:04.760 --> 01:28:06.760]  And I filed criminal charges against him
[01:28:06.760 --> 01:28:13.760]  because I wanted to know where he got the power to make that judicial determination.
[01:28:13.760 --> 01:28:15.760]  You see where I'm going?
[01:28:15.760 --> 01:28:16.760]  Yeah.
[01:28:16.760 --> 01:28:28.760]  Does a prosecutor in Kansas have the power to dismiss a prosecution?
[01:28:28.760 --> 01:28:29.760]  You need to look at that.
[01:28:29.760 --> 01:28:38.760]  Look up duties of prosecutors, duties of magistrates, and read that carefully.
[01:28:38.760 --> 01:28:42.760]  I've had to read it a hundred times to really understand it,
[01:28:42.760 --> 01:28:45.760]  and now we're taking on Texas big time.
[01:28:45.760 --> 01:28:48.760]  But when you give a complaint to a magistrate,
[01:28:48.760 --> 01:28:52.760]  you have the same standing and authority to give a complaint to a magistrate
[01:28:52.760 --> 01:28:54.760]  as a police officer does.
[01:28:54.760 --> 01:29:01.760]  What is the magistrate commanded to do?
[01:29:01.760 --> 01:29:05.760]  Read that carefully.
[01:29:05.760 --> 01:29:08.760]  So you filed these complaints.
[01:29:08.760 --> 01:29:16.760]  If you can't force the magistrate to do his job, the complaints will do no good.
[01:29:16.760 --> 01:29:23.760]  So figure out what he's supposed to do and file in a way that stands right squarely on his duty.
[01:29:23.760 --> 01:29:26.760]  If you can find a duty he's commanded to do
[01:29:26.760 --> 01:29:29.760]  and he exercises discretion where he doesn't have it,
[01:29:29.760 --> 01:29:32.760]  then you get to sue the judge personally.
[01:29:32.760 --> 01:29:35.760]  That will really get their attention.
[01:29:35.760 --> 01:29:40.760]  Hang on, we're about to go to our sponsors.
[01:29:40.760 --> 01:29:45.760]  Okay, we have a full board of callers, so I'm not going to give out the call-in number.
[01:29:45.760 --> 01:29:55.760]  And we do have Jason, Jack, and I'm not even going to touch this first-time caller today.
[01:29:55.760 --> 01:29:57.760]  So we'll get to you.
[01:29:57.760 --> 01:29:58.760]  Hang on.
[01:29:58.760 --> 01:30:01.760]  We'll be right back.
[01:30:01.760 --> 01:30:03.760]  Sorry, soft drink lovers.
[01:30:03.760 --> 01:30:05.760]  Even diet drinks can make you fat.
[01:30:05.760 --> 01:30:10.760]  A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff.
[01:30:10.760 --> 01:30:16.760]  I'm Dr. Catherine Albrecht, and I'll be back in a moment with a scoop on supposedly skinny sodas.
[01:30:16.760 --> 01:30:18.760]  Privacy is under attack.
[01:30:18.760 --> 01:30:21.760]  When you give up data about yourself, you'll never get it back again.
[01:30:21.760 --> 01:30:26.760]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.760 --> 01:30:31.760]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.760 --> 01:30:34.760]  Privacy, it's worth hanging on to.
[01:30:34.760 --> 01:30:37.760]  This public service announcement is brought to you by StartPage.com,
[01:30:37.760 --> 01:30:41.760]  the private search engine alternative to Google, Yahoo, and Bing.
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[01:30:45.760 --> 01:30:49.760]  Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:49.760 --> 01:30:50.760]  Wrong.
[01:30:50.760 --> 01:30:55.760]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:55.760 --> 01:31:02.760]  They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:31:02.760 --> 01:31:05.760]  The study's authors say artificial sweeteners trigger the appetite,
[01:31:05.760 --> 01:31:08.760]  but unlike regular sugars, don't deliver anything to squelch it.
[01:31:08.760 --> 01:31:12.760]  Waking up hunger without satisfying it leads to cravings,
[01:31:12.760 --> 01:31:15.760]  which can result in a larger overall calorie intake.
[01:31:15.760 --> 01:31:18.760]  So use natural sweeteners to maintain a healthy weight,
[01:31:18.760 --> 01:31:23.760]  and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead.
[01:31:23.760 --> 01:31:29.760]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.760 --> 01:31:35.760]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.760 --> 01:31:37.760]  The government says that fire brought it down.
[01:31:37.760 --> 01:31:42.760]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.760 --> 01:31:45.760]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.760 --> 01:31:48.760]  Thousands of my fellow first responders are dying.
[01:31:48.760 --> 01:31:49.760]  I'm not a conspiracy theorist.
[01:31:49.760 --> 01:31:50.760]  I'm a structural engineer.
[01:31:50.760 --> 01:31:51.760]  I'm a New York City correction officer.
[01:31:51.760 --> 01:31:52.760]  I'm an Air Force pilot.
[01:31:52.760 --> 01:31:54.760]  I'm a father who lost his son.
[01:31:54.760 --> 01:31:57.760]  We're Americans, and we deserve the truth.
[01:31:57.760 --> 01:32:01.760]  Go to RememberBuilding7.org today.
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[01:32:04.760 --> 01:32:07.760]  In today's America, we live in an us-against-them society,
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[01:32:09.760 --> 01:32:12.760]  then we're going to have to stand and defend our own rights.
[01:32:12.760 --> 01:32:15.760]  Among those rights are the right to travel freely from place to place,
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[01:33:24.760 --> 01:33:40.760]  The wicked come with temptations
[01:33:40.760 --> 01:33:46.760]  They're trying to buy the whole place
[01:33:46.760 --> 01:33:52.760]  They want to force the nation
[01:33:52.760 --> 01:33:57.760]  Because they're falling from grace
[01:33:57.760 --> 01:34:03.760]  I will not drink from that cup
[01:34:03.760 --> 01:34:08.760]  I just can't act out of way
[01:34:08.760 --> 01:34:13.760]  They got this problem they're dreaming of
[01:34:13.760 --> 01:34:18.760]  And I won't be the slave come what may
[01:34:18.760 --> 01:34:22.760]  Cause I'm, oh yes you can come man, you can't take on man
[01:34:22.760 --> 01:34:25.760]  Because I save myself for the Almighty One
[01:34:25.760 --> 01:34:27.760]  You don't struggle, no one can save my man
[01:34:27.760 --> 01:34:30.760]  You love me, you down me heart and peace in the basement
[01:34:30.760 --> 01:34:33.760]  You love God and my son, you love him badly
[01:34:33.760 --> 01:34:36.760]  And I'm the father man in the world to come and rule this
[01:34:36.760 --> 01:34:38.760]  Because God man has created me
[01:34:38.760 --> 01:34:41.760]  He created me man and he do it equally
[01:34:41.760 --> 01:34:48.760]  Okay, we are back, Randy Felton from Rule of Law Radio, and we're talking to John in Kansas.
[01:34:48.760 --> 01:34:53.760]  Okay John, where are we?
[01:34:53.760 --> 01:35:07.760]  Okay, well just to clarify, a criminal complaint in Kansas goes to a magistrate, but it says in the statute that you have to supply the county attorney with a complaint as well.
[01:35:07.760 --> 01:35:16.760]  And then once that complaint is issued, if the magistrate deems there's probable cause then a warrant is to be issued.
[01:35:16.760 --> 01:35:20.760]  Okay, how does it say that? Here's why I'm asking.
[01:35:20.760 --> 01:35:29.760]  In New York, it directs the magistrate to examine into the sufficiency of the complaint.
[01:35:29.760 --> 01:35:34.760]  So he gets to determine whether he believes the complaint is sufficient or not.
[01:35:34.760 --> 01:35:41.760]  In Texas, it says the magistrate shall issue a warrant forthwith.
[01:35:41.760 --> 01:35:46.760]  That means he can't examine into the sufficiency of the complaint at all.
[01:35:46.760 --> 01:35:52.760]  What does it say in Kansas?
[01:35:52.760 --> 01:36:09.760]  Well, it says that if he sees, it says from an affidavit, affidavits with the complaint, if there is probable cause and believes a crime has been committed, then that defendant has committed a warrant for the arrest of the defendant shall be issued.
[01:36:09.760 --> 01:36:16.760]  So the magistrate is determining probable cause from the criminal complaint.
[01:36:16.760 --> 01:36:31.760]  Okay, so if you give him a complaint that is sufficient and he does find probable cause, then what do you do?
[01:36:31.760 --> 01:36:36.760]  Well, it says here if he does find probable cause, a warrant for the arrest.
[01:36:36.760 --> 01:36:48.760]  Okay, got that part, but what if he decides he doesn't believe there's probable cause? What is your remedy in Kansas?
[01:36:48.760 --> 01:36:51.760]  I don't know.
[01:36:51.760 --> 01:37:07.760]  Look that up. You need that in hand when you give a complaint against a judge or a prosecutor or a lawyer in any state, they're not going to want to pursue it.
[01:37:07.760 --> 01:37:15.760]  So what do you do if the judge does like what he did in my case, that he's just not going to even bother with it?
[01:37:15.760 --> 01:37:19.760]  What standing do you have?
[01:37:19.760 --> 01:37:26.760]  Okay, that's a good question for me to get out of research, and then the only thing I think is a big criminal complaint for shielding.
[01:37:26.760 --> 01:37:30.760]  That would probably work, but who would you give that to?
[01:37:30.760 --> 01:37:36.760]  Well, it says a magistrate, so go to the Senate Court or the Supreme Court.
[01:37:36.760 --> 01:37:47.760]  Yeah, I filed a criminal complaint with the Travis County Grand Jury against the governor, but I was kind of concerned it might not get there.
[01:37:47.760 --> 01:37:54.760]  So I also filed it with the first magistrate listed in Article 2.09.
[01:37:54.760 --> 01:38:02.760]  2.09, who are magistrates? First one, Justices of the Supreme Court.
[01:38:02.760 --> 01:38:07.760]  So I filed it with the Chief Justice.
[01:38:07.760 --> 01:38:11.760]  And he didn't issue a warrant.
[01:38:11.760 --> 01:38:22.760]  So you being a citizen in a republic, there is no reason for you to go to any one magistrate or another.
[01:38:22.760 --> 01:38:29.760]  You have standing to call them to their duty no matter who they are.
[01:38:29.760 --> 01:38:36.760]  So you might look at starting at the top and working your way down.
[01:38:36.760 --> 01:38:42.760]  I don't disagree with that, and I guarantee Chris won't mind doing that either.
[01:38:42.760 --> 01:38:46.760]  Tell him you don't have to waste your time with these chumps at the bottom.
[01:38:46.760 --> 01:38:52.760]  You're the master of the service, and they're all at your service.
[01:38:52.760 --> 01:38:56.760]  That should generate some politics.
[01:38:56.760 --> 01:39:09.760]  Okay. Well, we have, you know, the main issue that we have right now is the fact that he was supposed to have had an appeals hearing.
[01:39:09.760 --> 01:39:13.760]  And he went and he showed up and there was an arraignment hearing.
[01:39:13.760 --> 01:39:17.760]  And there were some shenanigans there with the judge who wasn't even this actual judge.
[01:39:17.760 --> 01:39:20.760]  It was somebody stepping in.
[01:39:20.760 --> 01:39:27.760]  So I think the only remedy, because the statutes say the next step is for that appeals hearing,
[01:39:27.760 --> 01:39:33.760]  there is no statute for arraigning anyone on an appeal.
[01:39:33.760 --> 01:39:38.760]  Exactly. And that's simulating a legal process.
[01:39:38.760 --> 01:39:47.760]  Yeah. So the only thing I can think is they can go ahead, falsify the record, and say there is an arraignment.
[01:39:47.760 --> 01:39:53.760]  It's actually not bad because that just proves that they didn't have the appeals hearing.
[01:39:53.760 --> 01:40:04.760]  Okay. What they're likely to do when you bring it up is say that it was a technical error.
[01:40:04.760 --> 01:40:13.760]  I got a ticket, and instead of going in and pleading guilty or not guilty like everybody else does, I went in with a whole stack of motions.
[01:40:13.760 --> 01:40:22.760]  So this wasn't what they normally did, so they didn't get me logged in as showing up.
[01:40:22.760 --> 01:40:33.760]  And then I get a letter from the Department of Public Safety saying they won't renew my license because I didn't pay this fine in this court.
[01:40:33.760 --> 01:40:39.760]  But I never went to court yet. This was a clerical error by the clerk.
[01:40:39.760 --> 01:40:43.760]  So I filed criminal charges against her with the judge.
[01:40:43.760 --> 01:40:46.760]  And she's going to say, well, it was just a technical error.
[01:40:46.760 --> 01:40:55.760]  And I said, yeah, yeah, yeah. When I didn't renew my registration for six months, it was just a technical error.
[01:40:55.760 --> 01:41:04.760]  No, you should call them on racketeering for that. I think Gumby does that as just their routine, normal thing.
[01:41:04.760 --> 01:41:09.760]  Yes. That's part of that process is just to cause...
[01:41:09.760 --> 01:41:14.760]  You and I are going to get to them for that.
[01:41:14.760 --> 01:41:18.760]  Because I know that's what they did to me, and I filed criminal complaints.
[01:41:18.760 --> 01:41:22.760]  And that's what they did to me. And I stood there in their courtroom.
[01:41:22.760 --> 01:41:32.760]  I drove 600 miles to file motions, and they refused to take them, brought in a prosecutor, and she refused to let me file them.
[01:41:32.760 --> 01:41:37.760]  I called 911. I made them get me a bailiff in there first and ask the bailiff to arrest them.
[01:41:37.760 --> 01:41:44.760]  He wouldn't, so I called 911. It was a circus.
[01:41:44.760 --> 01:41:52.760]  And then I lined up with this on my record. I didn't pay the fine. They showed me not showing up.
[01:41:52.760 --> 01:42:01.760]  So with two of us separated by months, we have a good shot at getting a good suit against them.
[01:42:01.760 --> 01:42:06.760]  And this is going on all over Texas. I don't know what it's doing in Kansas.
[01:42:06.760 --> 01:42:11.760]  They just do anything they want to. And that's where you guys can change it.
[01:42:11.760 --> 01:42:16.760]  The district judge screwed up taking to the Chief Justice of the Supreme.
[01:42:16.760 --> 01:42:21.760]  And when the Chief Justice doesn't issue a warrant, then file against him.
[01:42:21.760 --> 01:42:27.760]  He's going to be very sensitive to politics.
[01:42:27.760 --> 01:42:37.760]  Well, isn't the fact that they're not holding the appeals hearing, I mean, that's right for the grip of mandamus.
[01:42:37.760 --> 01:42:47.760]  It is right for mandamus to the Court of Appeals. And that's where you go from this, I take it.
[01:42:47.760 --> 01:42:53.760]  And Kansas is the Supreme Court has original jurisdiction of mandamus.
[01:42:53.760 --> 01:43:00.760]  Okay, that's even better. File criminal complaints with the Chief Justice first,
[01:43:00.760 --> 01:43:10.760]  and then appeal to the Supreme and file a motion to disqualify the Chief Justice.
[01:43:10.760 --> 01:43:19.760]  That puts politics in the mix. The rest of these justices are not going to want you going after them.
[01:43:19.760 --> 01:43:29.760]  It's much different when you get higher up in the courts. These judges get a lot more sensitive to politics.
[01:43:29.760 --> 01:43:38.760]  Anyway, there's not much we can tell you. You're pretty up on what's going on.
[01:43:38.760 --> 01:43:45.760]  Yeah, and then I know you told him on the falsifying of the record. I think it's more than what he said.
[01:43:45.760 --> 01:43:51.760]  I think it's a forgery. I think it's forgery and obstruction and pampering with the public record.
[01:43:51.760 --> 01:43:59.760]  We'll charge all of them. Okay, hang on. We're going to our sponsors. We'll be right back.
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[01:46:00.760 --> 01:46:25.760]  Well, you know karma is lurking around the corner. You better watch your fingers and tell me what you take, and do it in front of all of you. Yeah, yeah, yeah, yeah.
[01:46:25.760 --> 01:46:31.760]  How you got it? Karma is lurking around the corner. Ben and Jerry, come on.
[01:46:31.760 --> 01:46:59.760]  As we sow, so shall we reap. As we sow, so shall we reap.
[01:46:59.760 --> 01:47:28.760]  As we sow, so shall we reap.
[01:47:28.760 --> 01:47:38.760]  Okay, we are back. Randy Kelton, we're at Fountain Rouge Law Radio, and we're talking to John in Kansas. John, do you have anything else for us?
[01:47:38.760 --> 01:47:54.760]  No, no, I just, I think we're on the right path, and I think we're going to, in the end, we're setting everything up, we're going through everything, we're going to set the record and get them in collateral, stop them, and we're going to file a federal lawsuit here real soon.
[01:47:54.760 --> 01:48:13.760]  Wonderful. And we're on top of it, and we've already got enough evidence he's going to win. It's just hard because we're getting every single term, and anybody who's listened to this, every court, they're all corrupt everywhere.
[01:48:13.760 --> 01:48:26.760]  I'm in Kansas, and I grew up thinking I live in a good state. I mean, they're corrupt. At every turn, they're not following the rules. You've got to read the rules. You have to read the rules.
[01:48:26.760 --> 01:48:47.760]  That, unfortunately, it's the same in every state. But one thing I wanted to mention before you go, the place that call the police to start with, make sure you sue them.
[01:48:47.760 --> 01:49:00.760]  They're not going to have any immunity, and they're going to feel like, if you're going after all these other public officials, that these guys are going to be thrown under the bus.
[01:49:00.760 --> 01:49:20.760]  Because they'll be sued. We're in big trouble. They'll be sued. Good. Okay. You need to turn it back on them, because you need one that doesn't have any immunity, because these guys are going to try to grant the public officials immunity, whether they have it or not.
[01:49:20.760 --> 01:49:34.760]  In my case, I'm going to sue the Texas State University, because they trained all these guys to do it wrong. Who trains your magistrates?
[01:49:34.760 --> 01:49:36.760]  I don't know. I'm going to find that out.
[01:49:36.760 --> 01:49:38.760]  Find that out. Sue them.
[01:49:38.760 --> 01:49:40.760]  I heard you earlier.
[01:49:40.760 --> 01:49:44.760]  They're not going to have any immunity. Okay. Thank you, John.
[01:49:44.760 --> 01:49:45.760]  Thank you. Appreciate it.
[01:49:45.760 --> 01:49:48.760]  Keep us up to date on how this goes.
[01:49:48.760 --> 01:49:50.760]  We will.
[01:49:50.760 --> 01:49:51.760]  Okay. Thank you.
[01:49:51.760 --> 01:49:53.760]  Now we're going to go to a first-time caller.
[01:49:53.760 --> 01:50:09.760]  If you are in the 858 area code, when we get into first-time caller, it generally identifies where the call is coming from.
[01:50:09.760 --> 01:50:23.760]  The name is dung underscore tran. Sometimes it's right, sometimes it's not. I just want to make sure I don't screw that one up.
[01:50:23.760 --> 01:50:30.760]  If you're in the 858 area code, talk to us and give us a first name and a state.
[01:50:30.760 --> 01:50:32.760]  Can you hear me?
[01:50:32.760 --> 01:50:34.760]  Yes. Now I can hear you.
[01:50:34.760 --> 01:50:39.760]  Okay. My name is Quang Tran.
[01:50:39.760 --> 01:50:44.760]  Okay. So Tran was right. Okay. Good. And what state?
[01:50:44.760 --> 01:50:46.760]  California.
[01:50:46.760 --> 01:50:51.760]  California. Okay. What do you have for us today?
[01:50:51.760 --> 01:51:10.760]  So I was talking to my friend Rick from Corsair. He called in yesterday about my case, and he told me to call you in and listen to this radio show so I could learn more about common law and how to go about with my case that's going on.
[01:51:10.760 --> 01:51:16.760]  Common law? We don't do common law. We do statute.
[01:51:16.760 --> 01:51:20.760]  Okay. Statute. Following using the statute and code against them.
[01:51:20.760 --> 01:51:30.760]  Yes. Everybody that we have dealt with that tries to use common law winds up getting clobbered.
[01:51:30.760 --> 01:51:34.760]  Everything is by statute.
[01:51:34.760 --> 01:51:39.760]  There are guys out there promoting this stuff and we call it patriot mythology.
[01:51:39.760 --> 01:51:58.760]  And I believe that the FBI put that out there to weaken the patriot movement. They sent them down this common law rabbit hole. Just read the codes. And we do everything by code. So what is your issue?
[01:51:58.760 --> 01:52:25.760]  So, yeah, at the beginning, that's how I got involved was through the patriot movement. So what happened back in December, back in December of 2021, I was driving around with a California exempt plate, and the cop pulled me over and gave me a ticket for misuse of vehicle registration or license.
[01:52:25.760 --> 01:52:42.760]  And there was a notice to appear on February 9, 2021. I didn't appear to that court because someone told me that I didn't have to appear and I could just write some notice and enter them.
[01:52:42.760 --> 01:52:55.760]  If anybody tells you not to appear, you need to hit them over the head with something. Always, always appear.
[01:52:55.760 --> 01:53:14.760]  Yeah, I would do and I'm still learning more about this. Okay, if you didn't appear, they probably issued a warrant and you just go down to the court, find out when the court will have hearings and you go to the court and say, I'm here.
[01:53:14.760 --> 01:53:22.760]  Apparently you guys sent me some kind of notice to appear and I missed it.
[01:53:22.760 --> 01:53:36.760]  I had to give my cat a bath that day, something. But here I am. Yeah, here I am. Once you're in front of the judge, then the warrant effectively becomes moot.
[01:53:36.760 --> 01:53:50.760]  The warrant will say, arrest this person and bring him before me. So if you're before that person and the warrant is worthless because you're already in front of them.
[01:53:50.760 --> 01:54:08.760]  And generally they don't want to arrest you for that. So you go down there and appear in his court and tell him, make up some excuse, doesn't matter what it is, and ask him to reset the hearing and they will generally do that.
[01:54:08.760 --> 01:54:28.760]  You there? I see. Yes, but when I file a record request three weeks ago in my file, there was no bench warrant. So it's just like a notice. What I received was a notice, a warrant of arrest notice. Is that the same thing as like a bench warrant?
[01:54:28.760 --> 01:54:39.760]  Yeah, yeah. If there wasn't one in there, they don't always issue a warrant for first failure to appear. Then they may just send you another notice to appear a second time.
[01:54:39.760 --> 01:55:03.760]  The Supreme Court recently, I don't know the case, but they did something about that to stop these municipal courts and JP courts from arresting people on tickets for failure to appear. So most states don't arrest, don't issue warrants right away anymore.
[01:55:03.760 --> 01:55:14.760]  And Texas, I think it's a statute. Texas passed a new law that the JP can't issue a warrant for failure to appear in a traffic case.
[01:55:14.760 --> 01:55:16.760]  Right.
[01:55:16.760 --> 01:55:31.760]  So you need to check the law. If you're just starting out, you have to be careful. So what do you want to do with this ticket?
[01:55:31.760 --> 01:55:39.760]  Do you want to fight it? And if you want to fight it, why?
[01:55:39.760 --> 01:55:41.760]  Are you there, Tran?
[01:55:41.760 --> 01:55:47.760]  Yes, I'm listening. I'm trying to think of what to say properly.
[01:55:47.760 --> 01:55:56.760]  Yeah, yeah. First question is why do you want to fight this ticket?
[01:55:56.760 --> 01:56:01.760]  Let me help you out. Do you want to fight the ticket because you feel like you didn't deserve it?
[01:56:01.760 --> 01:56:09.760]  Or do you want to fight the ticket because you feel like it's just wrong and you want to right it wrong?
[01:56:09.760 --> 01:56:14.760]  Or do you want to fight the ticket because it's too expensive, you can't afford it?
[01:56:14.760 --> 01:56:25.760]  It's important that you understand your own reasoning. And if I know why you're fighting the ticket, I'll address the issues differently.
[01:56:25.760 --> 01:56:34.760]  If you want to change things, file bar grievances against them, file judicial conduct complaints, file criminal complaints, just make their life a living hell.
[01:56:34.760 --> 01:56:41.760]  If you want the ticket to go away, then we'll take a different approach.
[01:56:41.760 --> 01:56:51.760]  You'll file a motion to dismiss or you'll file some motions with the court and then the prosecutor will make you a deal.
[01:56:51.760 --> 01:56:56.760]  If you just go in and complain about the ticket, he'll make you a deal.
[01:56:56.760 --> 01:56:59.760]  But if you don't like his deal, then you don't take his deal.
[01:56:59.760 --> 01:57:06.760]  And when he orders you to come to court and there is no hearing, then you file a complaint against the prosecutor.
[01:57:06.760 --> 01:57:11.760]  And then you come back and ask him to make you a better deal.
[01:57:11.760 --> 01:57:16.760]  Everything, depending on why you want to do it, will determine how you should go about it.
[01:57:16.760 --> 01:57:28.760]  So especially with a ticket, we can't say you should do this or that unless we know exactly what you're trying to do.
[01:57:28.760 --> 01:57:33.760]  Tarana, are you trying to become a legal reform advocate?
[01:57:33.760 --> 01:57:38.760]  Yes, learning the process.
[01:57:38.760 --> 01:57:47.760]  So if you want to try to write the system, then the first thing you need to do is read the code.
[01:57:47.760 --> 01:57:51.760]  Read the transportation code for California.
[01:57:51.760 --> 01:57:53.760]  Read it twice.
[01:57:53.760 --> 01:57:55.760]  First time, just read through it.
[01:57:55.760 --> 01:57:57.760]  Don't try to understand it.
[01:57:57.760 --> 01:57:59.760]  Don't try to remember all this stuff.
[01:57:59.760 --> 01:58:00.760]  It's too foreign to you.
[01:58:00.760 --> 01:58:02.760]  Just read it.
[01:58:02.760 --> 01:58:04.760]  And then go back and read it a second time.
[01:58:04.760 --> 01:58:12.760]  When you read it a second time, then you'll start doing, you'll start setting references.
[01:58:12.760 --> 01:58:18.760]  You read something in the front and then you remember, wait a minute, that referred to something in the back and something in the middle.
[01:58:18.760 --> 01:58:23.760]  You'll start stitching the pieces together and then you'll understand it much better.
[01:58:23.760 --> 01:58:26.760]  Also, there's Dr. Graves' jurisdiction area.
[01:58:26.760 --> 01:58:31.760]  You can find that on our website, ruleoflawradio.com.
[01:58:31.760 --> 01:58:36.760]  But that is a course, that's the short course in how it really works in court.
[01:58:36.760 --> 01:58:44.760]  Hang on, about to go to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:58:44.760 --> 01:58:47.760]  We've still got a full board of callers, so I'm not going to give out the call-in number.
[01:58:47.760 --> 01:58:49.760]  We'll be right back.
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[01:59:50.760 --> 01:59:56.760]  You are listening to the Logos Radio Network, logosradionetwork.com.