[00:00.000 --> 00:05.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.500 --> 00:09.500]  They guarantee the specific freedoms Americans should know and protect.
[00:09.500 --> 00:11.000]  Our liberty depends on it.
[00:11.000 --> 00:16.500]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights.
[00:16.500 --> 00:18.500]  Privacy is under attack.
[00:18.500 --> 00:22.000]  When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:26.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.500 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.500]  Privacy, it's worth hanging on to.
[00:34.500 --> 00:38.000]  This public service announcement is brought to you by Startpage.com,
[00:38.000 --> 00:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:45.500]  Start over with Startpage.
[00:45.500 --> 00:47.500]  Spar, it's what fighters do.
[00:47.500 --> 00:51.000]  It's also how I remember the five guarantees of the First Amendment.
[00:51.000 --> 00:54.000]  If you plan to take away my rights, I'm going to spar with you.
[00:54.000 --> 00:56.500]  Spar with an extra P.
[00:56.500 --> 01:03.000]  S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:03.000 --> 01:08.500]  Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion.
[01:08.500 --> 01:10.500]  But petition for redress is another matter.
[01:10.500 --> 01:14.500]  We have the right to petition the government for a redress of grievances.
[01:14.500 --> 01:17.500]  It means that if we're unhappy with what's going on in our government,
[01:17.500 --> 01:21.000]  we can spell out the reasons without fear of being thrown into jail.
[01:21.000 --> 01:30.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:30.500 --> 01:34.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:34.500 --> 01:38.000]  They guarantee the specific freedoms Americans should know and protect.
[01:38.000 --> 01:39.500]  Our liberty depends on it.
[01:39.500 --> 01:43.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:43.000 --> 01:46.000]  to remember one of your constitutional rights.
[01:46.000 --> 01:48.000]  Privacy is under attack.
[01:48.000 --> 01:51.500]  When you give up data about yourself, you'll never get it back again.
[01:51.500 --> 01:56.500]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.500 --> 01:58.000]  So protect your rights.
[01:58.000 --> 02:01.500]  Say no to surveillance and keep your information to yourself.
[02:01.500 --> 02:04.000]  Privacy. It's worth hanging on to.
[02:04.000 --> 02:08.000]  This public service announcement is brought to you by StartPage.com,
[02:08.000 --> 02:12.000]  the private search engine alternative to Google, Yahoo, and Bing.
[02:12.000 --> 02:15.500]  Start over with StartPage.
[02:15.500 --> 02:19.500]  When I think of the Second Amendment, I visualize myself wrapping my two arms
[02:19.500 --> 02:22.000]  around the Bill of Rights in a big old bear hug.
[02:22.000 --> 02:26.000]  It's how I remember that the Second Amendment guarantees us the right to bear arms,
[02:26.000 --> 02:30.000]  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 --> 02:37.500]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.500 --> 02:38.500]  when he said,
[02:38.500 --> 02:43.500]  The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.500 --> 02:47.500]  one more safeguard against the tyranny which now appears remote in America,
[02:47.500 --> 02:51.000]  but which historically has proved to always be possible.
[02:51.000 --> 03:17.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:17.000 --> 03:21.000]  Well, I received my remedy today.
[03:21.000 --> 03:24.500]  It came in a box just like they say.
[03:24.500 --> 03:28.000]  I accepted it for value right away.
[03:28.000 --> 03:32.000]  It's not sooner, not later.
[03:32.000 --> 03:39.500]  We are originators and the pathway seems to get straighter every day.
[03:39.500 --> 03:46.500]  And I can take anything that belongs to me and put it to good use.
[03:46.500 --> 03:54.500]  While I was good for the gander, going to work for the fools.
[03:54.500 --> 04:00.500]  All right, we are back. This is the Rule of Law Radio, Randy Kelton, I'm Brett Fountain.
[04:00.500 --> 04:05.500]  And this is Friday, the 2nd of December, 2022.
[04:05.500 --> 04:10.500]  We're talking right now with Jason in Wisconsin about some traffic tickets.
[04:10.500 --> 04:14.000]  All right, Jason, where were we about these traffic tickets?
[04:14.000 --> 04:18.500]  You were trying to see what are your options going forward from here?
[04:18.500 --> 04:23.500]  Yeah, going back to the written objections, I'm wondering,
[04:23.500 --> 04:28.000]  can I only file written objections for stuff I objected to in court
[04:28.000 --> 04:35.500]  or can I file additional objections for things I weren't objected to in court?
[04:35.500 --> 04:39.000]  I would go ahead and put that in there. I'd put everything in there.
[04:39.000 --> 04:45.000]  And I would prefix it at the top there, just put the preface, with just a little mention
[04:45.000 --> 04:50.500]  that the judge didn't allow me to make objections in the courtroom
[04:50.500 --> 05:01.500]  because if I were to speak over somebody, he was going to hold me in contempt.
[05:01.500 --> 05:05.000]  Show a little bit of unreasonableness there.
[05:05.000 --> 05:15.000]  Think about it this way. If you object to anything that's not proper or you don't do it right,
[05:15.000 --> 05:19.500]  it's up to the other side to raise an objection to your objection.
[05:19.500 --> 05:26.500]  If they don't, they waive it. It's like statute of limitations.
[05:26.500 --> 05:34.000]  If you sue somebody and the statute of limitations is run out, that's not a bar.
[05:34.000 --> 05:41.000]  It's an affirmative defense that must be pled. If they don't plead it, they waive it.
[05:41.000 --> 05:47.000]  If you raise an improper objection and they don't raise the issue, then they waive it.
[05:47.000 --> 05:57.000]  So don't worry about raising improper objections. Just object to whatever you need to.
[05:57.000 --> 06:00.500]  Okay, yeah, going back to the judge threatening me with contempt,
[06:00.500 --> 06:04.000]  I was wondering if I can use that somehow on my appeal,
[06:04.000 --> 06:11.000]  or if I could also file a judicial conduct complaint against him for that or something.
[06:11.000 --> 06:16.500]  Judicial conduct goes without saying.
[06:16.500 --> 06:23.000]  You said judicial conduct complaint because he parted his hair on the left right out loud.
[06:23.000 --> 06:25.000]  What was he thinking?
[06:25.000 --> 06:32.500]  I had a question about judicial conduct complaints actually, if they're similar to how you use bar grievances,
[06:32.500 --> 06:37.000]  you know, like you just said, file on your partner's hair on the wrong side.
[06:37.000 --> 06:43.000]  Okay, someone earlier mentioned Ken Magnuson. Ken Magnuson's a friend of mine.
[06:43.000 --> 06:49.000]  He's kind of a jerk. But that was part of the good part about him.
[06:49.000 --> 06:58.000]  And his brother was an attorney, and he became a municipal judge.
[06:58.000 --> 07:05.000]  And Ken was talking to him about me filing some judicial conduct complaints, and oh, his brother has it.
[07:05.000 --> 07:08.000]  Man, you got to quit doing that.
[07:08.000 --> 07:16.000]  The state commissioner on judicial conduct, they only go after justices of the peace and municipal judges.
[07:16.000 --> 07:19.000]  That's because they're inferior court judges.
[07:19.000 --> 07:28.000]  He felt like, as a municipal judge, that the state commissioner on judicial conduct only punished him.
[07:28.000 --> 07:38.000]  And they didn't punish the higher level judges who were actually attorney, who were elected into higher courts
[07:38.000 --> 07:42.000]  where you had to be a lawyer to be elected there.
[07:42.000 --> 07:48.000]  They actually believed that they only prosecuted these guys.
[07:48.000 --> 07:53.000]  So it terrified him to get a judicial conduct complaint.
[07:53.000 --> 07:59.000]  I said, well, Ken, oh, that is so good to know.
[07:59.000 --> 08:07.000]  Ken told me that I told my brother that I should not tell you this.
[08:07.000 --> 08:13.000]  Yeah, these lower level judges, they're terrifying the commission.
[08:13.000 --> 08:17.000]  So grieve them at your whim.
[08:17.000 --> 08:20.000]  I'll go ahead and send a couple of judicial conduct complaints off.
[08:20.000 --> 08:28.000]  And I do believe this judge actually owns a law firm in town, so maybe I'll file some bar grievances against them, too.
[08:28.000 --> 08:34.000]  File bar grievances against everybody else in the firm.
[08:34.000 --> 08:40.000]  I was at a hearing, and they got this young lawyer.
[08:40.000 --> 08:44.000]  They always give the young lawyer the pro se litigants.
[08:44.000 --> 08:52.000]  So I'm objecting to the appointed judge, the trial judge who accused himself,
[08:52.000 --> 08:58.000]  and they appointed a retired judge to stand in his place, and I objected to it.
[08:58.000 --> 09:07.000]  And an older attorney, this was a Zoom hearing in the background, stepped forward and said, John Hunter, can I say something?
[09:07.000 --> 09:08.000]  And the judge said, who are you?
[09:08.000 --> 09:12.000]  And he said, well, I'm Mr. Cullen, the head of the law firm.
[09:12.000 --> 09:18.000]  And he said, I just wanted to tell Mr. Cullen that he only has one strike.
[09:18.000 --> 09:21.000]  If he makes this strike, he doesn't have another one.
[09:21.000 --> 09:32.000]  And I thought, horse poop, but what the heck are you doing giving the unsolicited bad legal advice?
[09:32.000 --> 09:38.000]  But I wasn't sure who this guy was, so I looked at the law firm, Cullen and Cullen.
[09:38.000 --> 09:42.000]  Well, when I looked it up, I got four lawyers.
[09:42.000 --> 09:49.000]  I got Papa Cullen, I got Mama Cullen, I got Baby Cullen, and I got this guy, Jeffrey Fries.
[09:49.000 --> 09:51.000]  So I said, ooh, which Cullen was that?
[09:51.000 --> 09:54.000]  Well, it wasn't Mama Cullen.
[09:54.000 --> 09:58.000]  And surely it wasn't Papa Cullen, because he's older and smarter,
[09:58.000 --> 10:03.000]  and he would know not to do something stupid like this, so it must be Baby Cullen.
[10:03.000 --> 10:08.000]  So I grieved the son for what the father did.
[10:08.000 --> 10:10.000]  Oh, gosh, that was fun.
[10:10.000 --> 10:19.000]  And I grieved the young lawyer because he didn't correct his boss.
[10:19.000 --> 10:22.000]  You can do all that stuff.
[10:22.000 --> 10:25.000]  It doesn't matter what you're grieving for.
[10:25.000 --> 10:31.000]  The bar is going to throw it in the trash, and the insurance company is going to sting them.
[10:31.000 --> 10:35.000]  So they created this mess.
[10:35.000 --> 10:42.000]  The bar created this mess for lawyers because they did not police lawyers.
[10:42.000 --> 10:47.000]  So go ahead and use it.
[10:47.000 --> 10:51.000]  Okay, our purpose is not to harm lawyers.
[10:51.000 --> 10:54.000]  The poor lawyers, it's a tough life.
[10:54.000 --> 10:57.000]  It's hard enough for them.
[10:57.000 --> 11:00.000]  So our purpose is not to harm these poor, mistreated lawyers.
[11:00.000 --> 11:06.000]  Our purpose is to get the state bar associations to actually do their job
[11:06.000 --> 11:12.000]  and do proper discipline against lawyers who are not doing a good job.
[11:12.000 --> 11:18.000]  And I'm sorry, young lawyer, that I have to beat you up to reach my ultimate outcome,
[11:18.000 --> 11:21.000]  but life is tough.
[11:21.000 --> 11:25.000]  Deal with it.
[11:25.000 --> 11:28.000]  Yeah, yeah, I got three of them against the district attorney already
[11:28.000 --> 11:32.000]  and probably going to file a few more.
[11:32.000 --> 11:36.000]  So the next...
[11:36.000 --> 11:43.000]  Oh, yeah, going back to the trial, I forgot to mention that for some strange reason,
[11:43.000 --> 11:49.000]  everyone was there in person except for the court reporter who was there remotely on a video monitor.
[11:49.000 --> 11:53.000]  And towards the end of the trial, the video monitor cut out,
[11:53.000 --> 11:56.000]  and the judge assured us, oh, it's still recording.
[11:56.000 --> 11:59.000]  Well, whether or not it was still recording, I got a recording on my phone,
[11:59.000 --> 12:02.000]  so that's not an issue, but...
[12:02.000 --> 12:06.000]  Oh, wait a minute, yeah, it is an issue.
[12:06.000 --> 12:11.000]  You want to look at the original recording.
[12:11.000 --> 12:17.000]  And if everything's not recorded, you move to strike to overturn the rulings.
[12:17.000 --> 12:19.000]  That'd be a bit of a trial.
[12:19.000 --> 12:24.000]  It's trial.
[12:24.000 --> 12:28.000]  Have you ever heard of a court reporter being there remotely?
[12:28.000 --> 12:33.000]  No, I don't know that it's a problem.
[12:33.000 --> 12:39.000]  You know, reasonably, if the court recorder can hear everything that's going on,
[12:39.000 --> 12:43.000]  if she's remote, she can record everything that's going on.
[12:43.000 --> 12:48.000]  But if the recording craps out, that's a big problem.
[12:48.000 --> 12:53.000]  The trial has to stop right then.
[12:53.000 --> 12:57.000]  If the judge knew there's a recording problem and he kept going,
[12:57.000 --> 13:00.000]  that should get a Judiciary Conduct Complaint.
[13:00.000 --> 13:01.000]  Exactly.
[13:01.000 --> 13:03.000]  Yeah, right away when the monitor went out,
[13:03.000 --> 13:05.000]  the district attorney immediately told the judge,
[13:05.000 --> 13:07.000]  hey, the monitor just went out and the judge said,
[13:07.000 --> 13:13.000]  oh, it's still recording, don't worry about it.
[13:13.000 --> 13:18.000]  That's a great reason to go after him.
[13:18.000 --> 13:23.000]  Think of it in terms of how can I give them the most grief?
[13:23.000 --> 13:26.000]  If the recording was still recording,
[13:26.000 --> 13:29.000]  let them produce it and prove it was recording.
[13:29.000 --> 13:35.000]  And if you do that, then you get a free transcript.
[13:35.000 --> 13:39.000]  Oh, now that I think about it, another thing I just remembered is
[13:39.000 --> 13:44.000]  after the judge gave his ruling, he asked if I had anything else to say,
[13:44.000 --> 13:50.000]  and I told him I'd like to inform the court that I intend to appeal his decision.
[13:50.000 --> 13:52.000]  And he said, oh, the recording has stopped already,
[13:52.000 --> 13:59.000]  but I'll note that you're going to appeal your case.
[13:59.000 --> 14:02.000]  So I thought that was interesting.
[14:02.000 --> 14:06.000]  How did he end the recording early while it hadn't finished?
[14:06.000 --> 14:09.000]  The trial wasn't finished yet.
[14:09.000 --> 14:11.000]  Yeah.
[14:11.000 --> 14:14.000]  So he admitted that the recording didn't keep going.
[14:14.000 --> 14:18.000]  This is traffic.
[14:18.000 --> 14:22.000]  Use it as a good learning experience.
[14:22.000 --> 14:26.000]  File for a mistrial.
[14:26.000 --> 14:34.000]  It's a court of record and it failed to properly record the proceedings.
[14:34.000 --> 14:39.000]  Yeah, something I noticed, it seemed like they must have,
[14:39.000 --> 14:44.000]  the courthouse was completely empty except for everyone that was there for my trial.
[14:44.000 --> 14:47.000]  It seemed like they had to schedule a special trial for me or something.
[14:47.000 --> 14:51.000]  Maybe that's why the court reporter was there remotely.
[14:51.000 --> 14:53.000]  So I thought that was interesting.
[14:53.000 --> 14:59.000]  You can count on when you take them on, when you raise any issues,
[14:59.000 --> 15:03.000]  when you get to court, everybody else would be gone.
[15:03.000 --> 15:08.000]  If it's an in-court hearing, they'll wait until the last to hear you
[15:08.000 --> 15:13.000]  because they don't want anybody else hearing what you're doing.
[15:13.000 --> 15:18.000]  That's standard procedure, not something you can fix.
[15:18.000 --> 15:21.000]  They get to set their calendar.
[15:21.000 --> 15:25.000]  Yeah, I just thought that was kind of interesting that they made a special date just for me
[15:25.000 --> 15:28.000]  because I requested a new judge, I guess.
[15:28.000 --> 15:31.000]  Well, you know how rare you are.
[15:31.000 --> 15:36.000]  Seventy-three percent of all the people who get tickets pay them.
[15:36.000 --> 15:42.000]  Twenty-seven percent don't, and they're called in to a hearing,
[15:42.000 --> 15:47.000]  and 99 percent of those make a deal.
[15:47.000 --> 15:56.000]  So to get someone like you who takes them on, it is extremely rare.
[15:56.000 --> 16:02.000]  They probably have more hens' teeth than they have people who takes them on.
[16:02.000 --> 16:07.000]  And that's part of the reason they're not very good at it.
[16:07.000 --> 16:12.000]  Like you, when you go into court, you don't have much practice.
[16:12.000 --> 16:15.000]  When you go in and take them on, they don't have much practice either,
[16:15.000 --> 16:20.000]  and that's why they screw everything up.
[16:20.000 --> 16:24.000]  All right.
[16:24.000 --> 16:28.000]  I think the only other question I had here is I'm going to have to pay,
[16:28.000 --> 16:32.000]  $195 fee to file my appeal.
[16:32.000 --> 16:37.000]  I think I'm just going to go out and pay that so I don't screw up the whole appeals process here,
[16:37.000 --> 16:42.000]  but I'm wondering if I can go back later and file a declaratory judgment suit over that.
[16:42.000 --> 16:44.000]  Absolutely.
[16:44.000 --> 16:48.000]  If you're innocent, you shouldn't have to pay to be innocent.
[16:48.000 --> 17:00.000]  Hang on, Randy Kelton, Brett Fountain, and we, La La Radio, we'll be right back.
[17:18.000 --> 17:23.000]  We'll be right back.
[17:49.000 --> 17:57.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[17:57.000 --> 18:02.000]  to learn how to stop debt collectors now.
[18:02.000 --> 18:05.000]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[18:05.000 --> 18:07.000]  In today's America, we live in an us-against-them society,
[18:07.000 --> 18:09.000]  and if we the people are ever going to have a free society,
[18:09.000 --> 18:12.000]  then we're going to have to stand and defend our own rights.
[18:12.000 --> 18:15.000]  Among those rights are the right to travel freely from place to place,
[18:15.000 --> 18:17.000]  the right to act in our own private capacity,
[18:17.000 --> 18:20.000]  and most importantly, the right to due process of law.
[18:20.000 --> 18:22.000]  Traffic courts afford us the least expensive opportunity
[18:22.000 --> 18:25.000]  to learn how to enforce and preserve our rights through due process.
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[18:31.000 --> 18:33.000]  that will help you understand what due process is
[18:33.000 --> 18:35.000]  and how to hold courts to the rule of law.
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[19:13.000 --> 19:15.000]  Well, don't let nothing get to you.
[19:15.000 --> 19:18.000]  Only the Father can deliver you.
[19:18.000 --> 19:24.000]  Don't let bad-minded people hurt you.
[19:24.000 --> 19:52.000]  Norman, my friend, and all the judges.
[19:52.000 --> 20:03.000]  Okay, we are back.
[20:03.000 --> 20:08.000]  This is the Rule of Law Radio, Randy Kelton, I'm Brett Fountain,
[20:08.000 --> 20:13.000]  and we are speaking with Jason in Wisconsin.
[20:13.000 --> 20:18.000]  All right, Jason, let's see, where were we?
[20:18.000 --> 20:24.000]  I kind of wanted to go back to the issue with the recording of the trial real quick.
[20:24.000 --> 20:27.000]  I had a quick question about that.
[20:27.000 --> 20:30.000]  I'm wondering how exactly I address that issue.
[20:30.000 --> 20:38.000]  Do I request a recording of the trial or do I file something saying that I believe that the trial wasn't recorded properly,
[20:38.000 --> 20:41.000]  or how do I address that?
[20:41.000 --> 20:46.000]  Yeah, I have reason to believe that there was a problem with the recording
[20:46.000 --> 20:55.000]  that the record of the court was compromised and that there needs to be a mistrial declared.
[20:55.000 --> 21:01.000]  Okay, so first I should probably try the role of mistrial
[21:01.000 --> 21:08.000]  and then go for the motion for reconsideration or whatever you want to call it
[21:08.000 --> 21:17.000]  and then file my written objections and do all that and then wait and see how that goes and then file my notice of appeal.
[21:17.000 --> 21:24.000]  Well, obviously, those things would work as well, but like you said, you're going to be out of the country
[21:24.000 --> 21:26.000]  and you need to just stack these things up.
[21:26.000 --> 21:30.000]  I would go ahead and put the notice in there as well, the notice of appeal,
[21:30.000 --> 21:37.000]  because like Randy said, it just sits and if it's not right yet, that's okay, it won't hurt anything.
[21:37.000 --> 21:48.000]  Your motion for new trial changes your date, your deadline,
[21:48.000 --> 21:55.000]  and which day it is before and after, take a look at Wisconsin's rules.
[21:55.000 --> 21:59.000]  But yeah, I would think it's a good idea to go ahead and put all of those in,
[21:59.000 --> 22:08.000]  put in your objections, put in your motion to declare a mistrial
[22:08.000 --> 22:16.000]  based on the fact that the recording was incomplete and compromised the record of the court
[22:16.000 --> 22:21.000]  and then these others as well, your motion for new trial will be your deadline extender,
[22:21.000 --> 22:29.000]  your notice of appeal will kick in when it needs to.
[22:29.000 --> 22:34.000]  Okay. Yeah, that sounds like a good strategy there.
[22:34.000 --> 22:41.000]  So as far as the declaratory judgment suit goes for the filing fee,
[22:41.000 --> 22:47.000]  if I prevail with that, will I be able to go back and get my filing fee refunded to me
[22:47.000 --> 22:50.000]  or am I going to have to sue them for that or how is that going to work?
[22:50.000 --> 22:56.000]  I don't know, Randy. Do you know about the filing fee? How does that work out?
[22:56.000 --> 23:02.000]  I don't know. I'm sure that's going to be different in every state.
[23:02.000 --> 23:07.000]  So question for your rules again.
[23:07.000 --> 23:13.000]  I am intending on refiling the writ of mandamus against the district attorney,
[23:13.000 --> 23:18.000]  so I'm going to try to get that filing fee issue addressed before I do that, I think.
[23:18.000 --> 23:22.000]  But I think as far as the appeal goes, I'm just going to pay the fee
[23:22.000 --> 23:29.000]  because I've got bigger issues to deal with in that situation, I guess.
[23:29.000 --> 23:35.000]  But yeah, I think that's pretty much everything I need here.
[23:35.000 --> 23:37.000]  All right. Sounds good.
[23:37.000 --> 23:40.000]  I'm going to be going this weekend.
[23:40.000 --> 23:46.000]  Yeah, I guess I'll call you back next Thursday or Friday if I run into any issues here.
[23:46.000 --> 23:49.000]  Okay.
[23:49.000 --> 23:52.000]  Well, very good. Thanks for calling.
[23:52.000 --> 23:56.000]  All right. Appreciate the help.
[23:56.000 --> 24:01.000]  All right.
[24:01.000 --> 24:05.000]  And next up we have Chris in Colorado.
[24:05.000 --> 24:08.000]  Good evening, Chris. How are you?
[24:08.000 --> 24:11.000]  Hey, Brett.
[24:11.000 --> 24:13.000]  I'm fading pretty quick, getting late where I am,
[24:13.000 --> 24:16.000]  and I did a little more digging into what we talked about last night.
[24:16.000 --> 24:21.000]  I was hoping you guys could give me some slight marching orders and where else to dig.
[24:21.000 --> 24:25.000]  I'm just going to wrap my head around this process.
[24:25.000 --> 24:29.000]  So they have a thing here in Colorado called a diversion program.
[24:29.000 --> 24:33.000]  Have you guys heard of that before?
[24:33.000 --> 24:35.000]  Diversion?
[24:35.000 --> 24:38.000]  Yeah, they have it here in Texas.
[24:38.000 --> 24:44.000]  If you do this and you do that and you do this other right, we'll make all this go away.
[24:44.000 --> 24:47.000]  Yeah. Yeah.
[24:47.000 --> 24:51.000]  So it's a program that's funded, the VA is funded to do it,
[24:51.000 --> 24:59.000]  and it's designed to keep people out of an actual conviction and in that process of prosecution.
[24:59.000 --> 25:06.000]  But in the process, they get to make up the rules on your punishment, so to speak, or your probation.
[25:06.000 --> 25:08.000]  But there is one line and it's pretty clear.
[25:08.000 --> 25:11.000]  If it's pretty obvious that you're going to get a conviction,
[25:11.000 --> 25:19.000]  then the VA has kind of the discretion to move forward and promote this part of the program.
[25:19.000 --> 25:20.000]  Okay.
[25:20.000 --> 25:24.000]  So what I can't figure out is what I went to on Wednesday if that was part of the program.
[25:24.000 --> 25:33.000]  So I need to start asking more questions, but it's kind of confusing that kind of what I talked about last night
[25:33.000 --> 25:40.000]  is that an officer can assume probable cause based on their limited legal experience,
[25:40.000 --> 25:45.000]  and then the judge is not even involved in this yet.
[25:45.000 --> 25:47.000]  So there's really no case.
[25:47.000 --> 25:49.000]  It's the people bringing the case.
[25:49.000 --> 25:54.000]  But where does the magistrate come in to actually oversee a probable cause
[25:54.000 --> 25:56.000]  where the case should proceed at all?
[25:56.000 --> 26:01.000]  Now we're back to the district attorney having that authority.
[26:01.000 --> 26:06.000]  I'm a little confused there how that can actually happen.
[26:06.000 --> 26:11.000]  In any felony, you've got to be brought right to the court,
[26:11.000 --> 26:17.000]  and then the court makes a probable cause hearing whether they're going to move forward, et cetera, et cetera.
[26:17.000 --> 26:23.000]  But all these misdemeanors and petty offenses, it's kind of like we don't want to deal with them with the DA.
[26:23.000 --> 26:28.000]  The DA is getting a little arrogant in my view, but I don't know enough about this whole process.
[26:28.000 --> 26:34.000]  I'm trying to figure out where to dig next and how to wrap my head around on what I experienced on Wednesday.
[26:34.000 --> 26:44.000]  It still seems like the court gave some partial authority over the DA's office to act almost like a judge.
[26:44.000 --> 26:47.000]  Am I missing something or am I getting close to something?
[26:47.000 --> 26:53.000]  What do you guys think?
[26:53.000 --> 26:55.000]  I think that's exactly what happened.
[26:55.000 --> 26:58.000]  It happens here in Texas. I think it happens everywhere.
[26:58.000 --> 27:11.000]  It's just a set of adjustments toward administrative convenience and adjudicative expediency, and it's horrendously illegal.
[27:11.000 --> 27:23.000]  But like I said, 99% of the people of the 27% who initially object make a deal with the prosecutor.
[27:23.000 --> 27:28.000]  So 99% of the time it works for them.
[27:28.000 --> 27:31.000]  They make a lot of money in those 99%.
[27:31.000 --> 27:40.000]  So the 1 in 100 that fights them, that's costed doing business.
[27:40.000 --> 27:47.000]  So how do I be the 1 in 100 that leaves such a thorn in their side that they have to pick it out for the next six months?
[27:47.000 --> 27:51.000]  Well, you bargrieve the lawyer into the Stone Age. That'll make them crazy.
[27:51.000 --> 27:59.000]  You bargrieve all the lawyers for the jurisdiction.
[27:59.000 --> 28:04.000]  You'll be in front of one lawyer, but they'll have several others probably.
[28:04.000 --> 28:06.000]  Bargrieve all of them.
[28:06.000 --> 28:13.000]  And bargrieve the judge because he's almost certainly a lawyer in his day job.
[28:13.000 --> 28:15.000]  And that'll make him crazy.
[28:15.000 --> 28:24.000]  But bargrieve him as you look him up, he's going to have a bar card. He almost has to preside over a court of record.
[28:24.000 --> 28:29.000]  So you get his bar card number and bargrieve him.
[28:29.000 --> 28:34.000]  Oh, that'll make him really unhappy.
[28:34.000 --> 28:39.000]  It'll cost him about 20 grand a year.
[28:39.000 --> 28:41.000]  That'd be nice.
[28:41.000 --> 28:46.000]  If they assign a new judge at each one of these, they call them FACs, First Appearance Centers.
[28:46.000 --> 28:49.000]  So at every time, there's a rotating judge.
[28:49.000 --> 28:54.000]  And so I couldn't get an actual judge's name. I can't even get a DA's name.
[28:54.000 --> 29:02.000]  Whoa, whoa. You can't. No, no, no. You don't go to court without a judge's name.
[29:02.000 --> 29:14.000]  If they call you to court and you don't have a judge's name, then call 911. It's not a court.
[29:14.000 --> 29:17.000]  Well, that's what we were talking to you last night.
[29:17.000 --> 29:23.000]  There was a judge kind of there to walk around.
[29:23.000 --> 29:27.000]  It looks like you're at a DMV place is really what it looks like.
[29:27.000 --> 29:29.000]  You know, it's not a court. It's just a DMV.
[29:29.000 --> 29:32.000]  We got all these seats. Everybody comes in. They go and watch the video.
[29:32.000 --> 29:35.000]  And then there's a clerk. There's people that check you in. There's people that check you out.
[29:35.000 --> 29:38.000]  It looks like a DMV spot. It's really what it is.
[29:38.000 --> 29:43.000]  But I saw one. The only reason I knew there was a judge there is because she was the one in the video.
[29:43.000 --> 29:46.000]  She was in civilian clothes, you know, just regular business clothes.
[29:46.000 --> 29:52.000]  So go to the judge and say, I need your name and bar card number.
[29:52.000 --> 29:55.000]  Or ask the bailiff to get it.
[29:55.000 --> 30:00.000]  Hang on. Andy Kelton, Brett Fountain, Groove Law Radio. We'll be right back.
[30:00.000 --> 30:03.000]  Everyone knows that walking is great exercise.
[30:03.000 --> 30:08.000]  But you might not know that the way you walk could predict how long you're going to live.
[30:08.000 --> 30:14.000]  I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication in just a moment.
[30:14.000 --> 30:19.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:19.000 --> 30:24.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:24.000 --> 30:29.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[30:29.000 --> 30:32.000]  Privacy, it's worth hanging on to.
[30:32.000 --> 30:35.000]  This public service announcement is brought to you by StartPage.com,
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[30:43.000 --> 30:47.000]  New research shows how fast you walk could predict how long you're going to live.
[30:47.000 --> 30:53.000]  The Journal of the American Medical Association reports that older adults who walk one meter per second
[30:53.000 --> 30:56.000]  or faster live longer than expected.
[30:56.000 --> 31:00.000]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.000 --> 31:05.000]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:05.000 --> 31:07.000]  as more traditional statistical measures.
[31:07.000 --> 31:10.000]  Generally speaking, faster walkers live longer.
[31:10.000 --> 31:13.000]  Measuring walking speed is quick and inexpensive.
[31:13.000 --> 31:16.000]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.000 --> 31:21.000]  Researchers say it could help doctors identify older patients who need special care.
[31:21.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:35.000]  I lost my son, my nephew, my uncle, my son on September 11, 2001.
[31:35.000 --> 31:39.000]  Most people don't know that a third tower fell on September 11.
[31:39.000 --> 31:43.000]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:43.000 --> 31:47.000]  Although the official explanation is that fire brought down Building 7,
[31:47.000 --> 31:52.000]  1,200 architects and engineers have looked into the evidence and believe there is more to the story.
[31:52.000 --> 31:55.000]  Bring justice to my son, my uncle, my nephew, my son.
[31:55.000 --> 32:01.000]  Go to buildingwatch.org, why it's held, why it matters, and what you can do.
[32:01.000 --> 32:06.000]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[32:06.000 --> 32:13.000]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk,
[32:13.000 --> 32:18.000]  where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[32:18.000 --> 32:25.000]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the Word of Truth.
[32:25.000 --> 32:29.000]  Starting in January, our first-hour studies are in the Book of Mark,
[32:29.000 --> 32:33.000]  where we'll go verse by verse and discuss the true Gospel message.
[32:33.000 --> 32:40.000]  Our second-hour topical studies will vary each week with discussions on sound doctrine and Christian character development.
[32:40.000 --> 32:44.000]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.000 --> 32:51.000]  Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus.
[32:51.000 --> 32:57.000]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m.
[32:57.000 --> 33:11.000]  to inspire and motivate your studies of the Scriptures.
[33:27.000 --> 33:49.000]  I won't, I won't, I won't let you pull the wool over my eyes
[33:49.000 --> 33:57.000]  They must refuse your notes, also come in lies
[33:57.000 --> 34:02.000]  It seems you like to spare, but please take your time
[34:02.000 --> 34:07.000]  Alright, we are back. This is the Room of Law Radio, Randy Kelton. I'm Brad Fountain.
[34:07.000 --> 34:15.000]  And, so yeah, we're still speaking with Jason in Wisconsin, but I've got to get you unmuted here.
[34:15.000 --> 34:19.000]  Oh no, we're speaking with Chris in Colorado. Here we are.
[34:19.000 --> 34:23.000]  Alright, Chris.
[34:23.000 --> 34:28.000]  Hey there.
[34:28.000 --> 34:32.000]  Alright, so where were we when we went to break there?
[34:32.000 --> 34:36.000]  Well, we're talking about everybody we're going to bargrieve.
[34:36.000 --> 34:40.000]  I've got to figure out who's who because I don't even really have any names now.
[34:40.000 --> 34:44.000]  I have one name and that's the new district attorney. I've got to figure this process out.
[34:44.000 --> 34:47.000]  I mean, it sounds exactly like where Andy said.
[34:47.000 --> 34:51.000]  They've designed their own administrative convenience.
[34:51.000 --> 34:53.000]  And I can't see.
[34:53.000 --> 34:55.000]  Pretty common.
[34:55.000 --> 34:57.000]  Yeah, but I mean.
[34:57.000 --> 35:04.000]  So here's one thing I like to do is you take the one violator,
[35:04.000 --> 35:09.000]  the one who violated some rule of ethics,
[35:09.000 --> 35:20.000]  and you inform some other people that they work with or some other people that maybe have,
[35:20.000 --> 35:23.000]  maybe it's their boss.
[35:23.000 --> 35:28.000]  So you inform the underlings that their boss has violated this rule.
[35:28.000 --> 35:42.000]  You just let some folks know in a way that they are probably not going to want to do anything about it, but they have a duty.
[35:42.000 --> 35:49.000]  Their own rules that they need to follow will say that they have to bargrieve their boss
[35:49.000 --> 35:52.000]  or they have to bargrieve their colleague.
[35:52.000 --> 36:00.000]  And they're not going to want to, but it's either him or you.
[36:00.000 --> 36:05.000]  If they don't bargrieve him, then they get to bargrieve themselves.
[36:05.000 --> 36:14.000]  And amplify your one rule violation into more politics.
[36:14.000 --> 36:20.000]  And of course, you have the one that would be in rule like 8.3.
[36:20.000 --> 36:22.000]  You'll see that kind of thing.
[36:22.000 --> 36:35.000]  And around 5.1, you will see where supervisors and partners of a law firm already have that duty to.
[36:35.000 --> 36:39.000]  In Texas, it's split up into 501A and 501B.
[36:39.000 --> 36:50.000]  So A addresses the duty of a supervisor or a law firm partner to not facilitate this kind of thing.
[36:50.000 --> 36:54.000]  Don't let your underlings run amok.
[36:54.000 --> 37:04.000]  And then B references the supervisor or partner's responsibility to try to take remedial action, try to fix it after they did it.
[37:04.000 --> 37:09.000]  What did you do to try to clean it up?
[37:09.000 --> 37:21.000]  So that means every time one person does something wrong, you get a lot of other people that can get in trouble for it.
[37:21.000 --> 37:30.000]  And who better to start that ball rolling than the first newbie right out of college, right out of the bar card, getting the bar test.
[37:30.000 --> 37:32.000]  What do you call that?
[37:32.000 --> 37:35.000]  Yeah, the exam, yeah.
[37:35.000 --> 37:36.000]  The bar exam.
[37:36.000 --> 37:38.000]  And then, so that's a good idea.
[37:38.000 --> 37:42.000]  And that was kind of what I was trying to figure out is who this guy's boss is.
[37:42.000 --> 37:50.000]  But it's such a, you know how I said last night a little bit about deferment, and I was trying to bring the police into that.
[37:50.000 --> 37:51.000]  And you kind of corrected me.
[37:51.000 --> 37:55.000]  Well, the police are just kind of doing the best they can, which isn't very great a lot of the times.
[37:55.000 --> 37:59.000]  But they just are either going to summon you or they're going to arrest you and bring you in.
[37:59.000 --> 38:01.000]  After that, it's out of their hands.
[38:01.000 --> 38:07.000]  But I'm seeing it's what could be a lot of deferment, again, probably for administrative convenience.
[38:07.000 --> 38:12.000]  Somebody's writing, probably somebody's stamping all these plea deals.
[38:12.000 --> 38:15.000]  And then they give it to the newbies to get experience.
[38:15.000 --> 38:19.000]  And they're just reading the plea deals before the person comes in and says, okay, we've got a deal for you.
[38:19.000 --> 38:23.000]  And then if you actually have some knowledge, they don't know what to do.
[38:23.000 --> 38:24.000]  And then they pass it on.
[38:24.000 --> 38:25.000]  Well, it's not my problem.
[38:25.000 --> 38:27.000]  It's going to be some other DA.
[38:27.000 --> 38:32.000]  Now we're on to like a third DA, and we haven't even gotten before a judge yet.
[38:32.000 --> 38:35.000]  And they're all making deciding people's fates.
[38:35.000 --> 38:37.000]  If I hadn't showed up, I would have got a warrant.
[38:37.000 --> 38:39.000]  So that's the thing that's really confusing.
[38:39.000 --> 38:47.000]  This is an administrative action, yet it has consequences of not showing up to court.
[38:47.000 --> 38:49.000]  I got to piece that together.
[38:49.000 --> 38:54.000]  That's the missing link there and part of it in my mind, I mean, which isn't operating great at the moment.
[38:54.000 --> 38:57.000]  But that's the missing link.
[38:57.000 --> 39:04.000]  How can you detach the two yet have consequences as if you're being held before a judge who can issue a warrant?
[39:04.000 --> 39:09.000]  And then the judge is going to issue a warrant without having any knowledge of what really happened in the administrative process?
[39:09.000 --> 39:12.000]  I mean, this is a mess.
[39:12.000 --> 39:15.000]  So we're excluded.
[39:15.000 --> 39:23.000]  As a defendant, we're completely excluded, and all our rights are being, it seems, are being just like tossed out the window.
[39:23.000 --> 39:34.000]  Well, if you think about it as being something that is completely in commerce, then it actually fits.
[39:34.000 --> 39:37.000]  Then it's not an issue of rights being deprived.
[39:37.000 --> 39:46.000]  It's a matter of, hey, you signed up for these terms and conditions to get this license so that your business can operate on our roadways,
[39:46.000 --> 39:51.000]  and you're running around out there and you're violating the rules that you said you were going to follow.
[39:51.000 --> 40:05.000]  So, yeah, it's administrative, but you're also, by not cooperating with the contractual, the business end of what you said you would do,
[40:05.000 --> 40:15.000]  I can see how that goes into a funnel and you become a criminal because you're not participating and you're, you know, that fits.
[40:15.000 --> 40:17.000]  But doesn't traffic look, though?
[40:17.000 --> 40:26.000]  Right. If traffic were recognized as commercial only, then that would make a lot more sense.
[40:26.000 --> 40:35.000]  But because they're trying to blur the lines and try to pretend like traffic and transportation is for everybody
[40:35.000 --> 40:41.000]  and not just commercial for hire activity, well, then, yeah, it makes no sense at all.
[40:41.000 --> 40:49.000]  How do you have something that starts out as just administrative in nature and all of a sudden you're talking about crimes?
[40:49.000 --> 40:52.000]  Yeah, that makes sense. I get it.
[40:52.000 --> 41:06.000]  There's a disconnect there because of the fact that nobody's talking about what's a regulated activity, the fact that it's licensed.
[41:06.000 --> 41:13.000]  Well, you know, I don't know if you remember what I told you I got arrested for, but it's for a trespass.
[41:13.000 --> 41:18.000]  This is an actual – I'm in the criminal code, not just the traffic administrative criminal code.
[41:18.000 --> 41:25.000]  Like, this is like – there's three degrees of trespass and assault and all that kind of stuff.
[41:25.000 --> 41:33.000]  And yes, I'm at the lowest end of that, but I'm being put in with people who are doing stuff and that are actual crimes.
[41:33.000 --> 41:38.000]  And we were all sitting in there, God knows who knows what. And so it's a big deal.
[41:38.000 --> 41:44.000]  I mean, I was reminded. I get texts on my phone like if you don't show up, you're going to – the warrant will be issued, all this stuff.
[41:44.000 --> 41:54.000]  Oh, wait a minute. Are you implying that you could be sitting in there with the mother rapers and father rapers?
[41:54.000 --> 41:58.000]  Not quite that bad. I think those are felonies. I think these broke.
[41:58.000 --> 42:02.000]  Wait, wait, wait. You have to be old enough to get that one. Do you get that one, Brett?
[42:02.000 --> 42:07.000]  I heard of such a thing.
[42:07.000 --> 42:15.000]  Alice's Restaurant. Okay, a little too old. Forget about it.
[42:15.000 --> 42:22.000]  Well, I mean, I'm sure someone there had some thefts. I'm sure there were some – who knows what was going on in there.
[42:22.000 --> 42:29.000]  There were dex of the people who had – I don't know if there's any DUIs in there. I think DUIs are strictly – you go before the judge.
[42:29.000 --> 42:40.000]  They call it a strict liability crime. So there's no elements, essentially. That's it. You're busted.
[42:40.000 --> 42:43.000]  Oh, nice.
[42:43.000 --> 42:48.000]  Yeah, that's the way Colorado writes it. There's a few that are strict liability. It doesn't matter.
[42:48.000 --> 42:51.000]  You've been accused, therefore you're guilty.
[42:51.000 --> 42:57.000]  Right. Under a DUI, that's pretty much it. I mean, you do get a trial, but there's no mens rea. There's no knowing.
[42:57.000 --> 43:03.000]  You can't say, I didn't know I was drinking and driving. So there's no way of getting out of a knowing element.
[43:03.000 --> 43:11.000]  Knowing is a big thing in committing a crime, at least in the Colorado Criminal Code. They really emphasize a knowing.
[43:11.000 --> 43:16.000]  Like, you can't sleepwalk into your neighbor's property and get charged for trespassing.
[43:16.000 --> 43:21.000]  You also can't show up at the wrong birthday party and the wrong driver and get charged for trespassing.
[43:21.000 --> 43:28.000]  But anyway, who knows what everybody was doing in there with me? There was a lot of people in there.
[43:28.000 --> 43:34.000]  So it could have been just parking tickets for all I know. It was just tons and tons of stuff.
[43:34.000 --> 43:40.000]  So anyway, okay. So I don't know where else to dig to find this stuff. I was just kind of bouncing this off of you guys.
[43:40.000 --> 43:45.000]  And it sounds like figure out who I need to bargain with and then maybe do a supervisor.
[43:45.000 --> 43:53.000]  If the supervisor doesn't do it because I've invoked the duty, then I get to bargain with them and start filing complaints.
[43:53.000 --> 44:00.000]  Does that kind of sound about on point? Okay. You got it. All right. All right. We will be right back.
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[46:22.000 --> 46:35.000]  Always, I must be careful what I'm wishing for. When I'm hungry, I like to know just what I'm fishing for.
[46:35.000 --> 46:45.000]  I ain't asking for much, I ain't trying to be no glutton. I'm just here making my living, pushing buttons.
[46:45.000 --> 46:58.000]  I get my message out to anyone in shot and distance. I'm hope for bravery and against slavery, showing resistance.
[46:58.000 --> 47:08.000]  First I'm crawling, then I'm walking, then I start strutting. I'm just so glad to make my living, pushing buttons.
[47:08.000 --> 47:23.000]  Okay, we are back. This is the Rule of Law Radio. Randy Kelton. I'm Brett Fountain.
[47:23.000 --> 47:33.000]  And we're talking with Chris in Colorado right now. Chris, I think we're wrapping up, right? I think you've got some things figured out.
[47:33.000 --> 47:40.000]  I think I've got another few steps to take. I'll keep doing my homework. But as far as actually pulling the trigger on all these,
[47:40.000 --> 47:48.000]  wouldn't it be a little wise if I waited a bit just to get this thing dismissed? As soon as it gets before hopefully some competent eyes,
[47:48.000 --> 47:55.000]  they're going to realize that this isn't going to go much further. But if I don't, they might actually team up and then push it all the way through the court,
[47:55.000 --> 48:05.000]  which is kind of pain, you know. So I'm wondering if I should wait on firing. Oh, Chris. Chris, Chris, Chris, you are so naive.
[48:05.000 --> 48:17.000]  You really think that somebody even cares what's right? I was kidding.
[48:17.000 --> 48:26.000]  They just got a docket they're trying to clear. That's all they care about. The right of things, the rule of law, they could care less.
[48:26.000 --> 48:37.000]  Unless you stick your professional boot up their professional behind. Okay. And that's a common, you know,
[48:37.000 --> 48:50.000]  we need to think that at some point, these are reasonable human beings and they'll do the right thing. Not going to happen. They're too busy.
[48:50.000 --> 49:00.000]  They got way too big a caseload here to care. They're just going through the motions, cranking them out.
[49:00.000 --> 49:09.000]  The only thing you can do is give them grief. At one point, just like with Carabel, the prosecutor told her,
[49:09.000 --> 49:17.000]  if you'll send me a letter from your doctor saying that you can't wear these masks, I'll dismiss these cases.
[49:17.000 --> 49:25.000]  And she said, but this doesn't have anything to do with masks. It has to do with assault. And I told her, don't argue with him.
[49:25.000 --> 49:33.000]  He's asking, he's crying uncle for crying out loud. Send him the letter, let him dismiss, then go back and sue him.
[49:33.000 --> 49:46.000]  She sent him the letter, he dismissed. And now I'm going to go down, we're going to set up a suit against him.
[49:46.000 --> 49:57.000]  They only care about clearing their docket. They don't even imagine that they'll do the right thing unless you absolutely force them to.
[49:57.000 --> 50:03.000]  Okay. All right. I'll sit on some, I'll think about how the best way to go about forcing them.
[50:03.000 --> 50:10.000]  I got, this is, it's kind of a mess. I got to piece it back together, as you can tell. So once I know a little bit more, I'll start firing away.
[50:10.000 --> 50:15.000]  Okay. Gentlemen, thank you. As always, I do appreciate you guys.
[50:15.000 --> 50:18.000]  All right. Thanks for calling, Chris. Yeah.
[50:18.000 --> 50:26.000]  All right. And it looks like we have a new caller, a first time caller from the 224 area code.
[50:26.000 --> 50:32.000]  If you're from the 224 area code, would you give us a first name and a state?
[50:32.000 --> 50:35.000]  Tom, Illinois.
[50:35.000 --> 50:39.000]  Good evening, Tom. What's on your mind this evening?
[50:39.000 --> 50:48.000]  Okay. Okay, Tom, you don't have to worry. I grew up in Chicago, so I speak your strange foreign Yankee dialect.
[50:48.000 --> 50:50.000]  That's good.
[50:50.000 --> 50:52.000]  Got you covered.
[50:52.000 --> 51:07.000]  Well, I'll tell you what, I've got your strange proclivities to get myself into some situations, but I don't have any of the paperwork knowledge to get out.
[51:07.000 --> 51:09.000]  We can help with that.
[51:09.000 --> 51:16.000]  Yeah, I'm hoping so, because the getting myself into situations part, I'm really good at.
[51:16.000 --> 51:23.000]  But it's been really interesting to see how people react to different things.
[51:23.000 --> 51:37.000]  When I've asked police what's the emergency and all those kinds of things just to see what happens, and most of them, they just back off, but a lot of them don't. Sometimes they don't.
[51:37.000 --> 51:53.000]  So if I was to have, it sounds like I got a conviction where I never gave jurisdiction the whole time. We never got past jurisdiction.
[51:53.000 --> 52:08.000]  And the judge finally, after I kept coming back, he just convicted. There were no witnesses, never even went through the pleading process.
[52:08.000 --> 52:28.000]  You know, I mean, it was a really interesting case because one time he even pleaded for me and set up a jury trial, which I didn't plead, so I didn't go to it. And then they put out paperwork and brought it up into the criminal court.
[52:28.000 --> 52:39.000]  So I went up there and it was on my birthday. So up there, I told the judge, well, judge, this fellow you're looking for isn't me. He turned 42 today, right?
[52:39.000 --> 52:54.000]  He says, yes. I said, well, I was 42 nine months ago when God created me, so we cannot be the same thing. And he dismissed it back down to traffic court.
[52:54.000 --> 53:06.000]  And then when the traffic court judge, you know, again, I wouldn't admit to being that person they're looking for.
[53:06.000 --> 53:14.000]  And then the traffic court judge, that's when he just flipped out. I held up my birth certificate and said, is this the person you're looking for?
[53:14.000 --> 53:27.000]  And I was holding my birth certificate up and he just flipped out. And then, you know, he did a conviction and I left the courtroom saying, I don't consent to any of this.
[53:27.000 --> 53:37.000]  And that's how it ended up. And then I got a letter from the secretary of state like a week later saying my license was suspended.
[53:37.000 --> 53:44.000]  So now I need to figure out how to reverse all that.
[53:44.000 --> 53:50.000]  Brett, do you want to speak to the Patriot mythology or should I?
[53:50.000 --> 53:58.000]  Yeah, I'm sorry that you got that deep into it before.
[53:58.000 --> 54:10.000]  Yeah, that's a lot of problems there. But the good thing is you've decided you're going to turn around and reverse all of that.
[54:10.000 --> 54:15.000]  Like you said, it's not going to be an easy road.
[54:15.000 --> 54:32.000]  It's all right. It wasn't. I didn't need to get myself into it either.
[54:32.000 --> 54:45.000]  Hello. Sorry about that. Yeah, it's a lot of work to get into it, but it's a lot of work to get out of it as well.
[54:45.000 --> 55:03.000]  So if you are looking to just get squared away, you're probably going to be looking at getting to restore your license. Is that on the table as well or you want to try to figure out how to do things without a license?
[55:03.000 --> 55:09.000]  Oh, no, no. The license is, yeah, I need that for work.
[55:09.000 --> 55:17.000]  Okay. Well, they're probably going to have some hefty fees involved with read and statement.
[55:17.000 --> 55:27.000]  Part of that will be paying off whatever court says that you had a final conviction of something or other.
[55:27.000 --> 55:41.000]  And if you want to challenge those, like subject matter jurisdiction challenge or something, you're going to be delaying the time that it takes you to get things back working again.
[55:41.000 --> 56:05.000]  But if you just say, look, all that's in the past, I'm going to pay up, get squared, and figure out how to move forward, then you'll just be, it'll be money. You'll be out money. And then when you start to go to reinstate your license, they're going to have a reinstatement fee.
[56:05.000 --> 56:21.000]  Yeah. No, I'm not, that stuff doesn't, that part doesn't concern me. I'm more interested in the jurisdictional challenge kind of stuff because, you know, my understanding of this commercial code is I'm in my personal vehicle and none of that should matter.
[56:21.000 --> 56:39.000]  Like I shouldn't have to show a license. I shouldn't, the conviction was for insurance, which I had, I just wouldn't show them the insurance because I told them to show me. Well, I just, and this is what I've been doing the whole time telling them.
[56:39.000 --> 56:57.000]  I don't understand how you're applying these commercial laws to, to a man who's out on his own, just going to work. It doesn't make, you know. You're correct. And these knuckle draggers on the side of the road are never going to be taught by you.
[56:57.000 --> 57:13.000]  You can't get this through their thick skulls. It's not going to work. Right. Well, I understand. They've been trained in how to dominate, how to intimidate, and they've been trained in combat techniques.
[57:13.000 --> 57:37.000]  They've been trained in weapons. They've got weapons training and all kinds of take down, you know, pressure points and all of that. Their training is not in how to protect your rights and their training is not in, it won't even have enough common sense to recognize that their training is lacking.
[57:37.000 --> 57:55.000]  Like, Hey, I've sworn to up my oath to uphold the constitution and the constitution is never mentioned in any of my training. Hmm. I wonder if something's wrong here. They don't even think like that. They just do what they're told. They follow orders and sometimes it hurts.
[57:55.000 --> 58:06.000]  You're not going to train them on the side of the road. No, no, it's not going to happen. But so judges should know better. Right. Yeah. The judges should.
[58:06.000 --> 58:13.000]  Especially at the lower levels, they don't.
[58:13.000 --> 58:23.000]  So then that turns into beating up everybody all along the way, which is what Randy loves to train people up to teach people how to do.
[58:23.000 --> 58:37.000]  Is to hold our public officials accountable to follow the laws that they swore they were going to follow that you can do. You don't have to argue about whether or not you're the birth certificate and the name and the all caps.
[58:37.000 --> 58:46.000]  Those kinds of things are not really relevant to this public official needing to perform his duty.
[58:46.000 --> 59:01.000]  All right, we will have to. We're going to sponsors. Would you like to make more definite progress in your walk with God? Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:19.000]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life. The free books are a three volume set called basic elements of the Christian life chapter by chapter.
[59:19.000 --> 59:33.000]  Basic elements of the Christian life clearly presents God's plan of salvation growing in Christ and how to build up the church to order your free New Testament recovery version and basic elements of the Christian life.
[59:33.000 --> 59:52.000]  Call Bibles for America toll free at 888-551-0102. That's 888-551-0102 or visit us online at bfa.org.
[59:52.000 --> 01:00:02.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.000 --> 01:00:11.000]  The Bill of Rights contains the first 10 amendments of our Constitution. They guarantee the specific freedoms Americans should know and protect. Our liberty depends on it.
[01:00:11.000 --> 01:00:17.000]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:17.000 --> 01:00:27.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.000 --> 01:00:32.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:00:32.000 --> 01:00:46.000]  Privacy, it's worth hanging on to. This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with Startpage.
[01:00:46.000 --> 01:00:55.000]  Imagine your mom and dad are getting ready for bed. They pull back the covers and find a third party there. He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.000 --> 01:01:01.000]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:01.000 --> 01:01:07.000]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[01:01:07.000 --> 01:01:17.000]  Third party? Third Amendment? Get it? So if you answer a knock at your door and guys in fatigues demand lodging, tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:17.000 --> 01:01:32.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:32.000 --> 01:01:41.000]  The Bill of Rights contains the first ten amendments of our Constitution. They guarantee the specific freedoms Americans should know and protect. Our liberty depends on it.
[01:01:41.000 --> 01:01:47.000]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:47.000 --> 01:01:57.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.000 --> 01:02:02.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:02:02.000 --> 01:02:16.000]  Privacy. It's worth hanging on to. This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with Startpage.
[01:02:16.000 --> 01:02:22.000]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:22.000 --> 01:02:31.000]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure. Fourth Amendment? Four eyes staring at you? Get it?
[01:02:31.000 --> 01:02:40.000]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security, case in point, TSA airport scanners that peer under your clothing.
[01:02:40.000 --> 01:02:47.000]  When government employees demand a peep at your privates without probable cause, I say it's time to sound the Constitutional alarm bells.
[01:02:47.000 --> 01:02:54.000]  Join me in asking our representatives to dust off the Bill of Rights and use their googly eyes to take a gander at the Fourth.
[01:02:54.000 --> 01:03:01.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:24.000 --> 01:03:45.000]  Okay, we are back. This is the Rule of Law Radio, Randy Kelton. I'm Brett Fountain, and we're speaking with Tom in Illinois.
[01:03:45.000 --> 01:03:52.000]  Let's see, Tom, we went out. Where were we?
[01:03:52.000 --> 01:04:11.000]  Well, I was just saying I got that conviction. I was interested in learning. Well, my understanding is I should be filing bar grievances on the lawyer or the prosecutor who brought this.
[01:04:11.000 --> 01:04:24.000]  Yeah, that's one thing. And if you were going to go after a judge, then that would be a judicial misconduct complaint. They have a review board that handles that.
[01:04:24.000 --> 01:04:34.000]  Judges have a code of judicial conduct that they're supposed to follow, while lawyers have rules of professional conduct.
[01:04:34.000 --> 01:04:46.000]  So the RPC and CJC, lawyers and judges, it's just a bunch of ethical things that they're all supposed to do.
[01:04:46.000 --> 01:04:53.000]  Those are state-specific, so you'll want to look for your Illinois version of both of those.
[01:04:53.000 --> 01:05:00.000]  And then, of course, you've got crimes. Everybody can commit crimes. Lawyer, judge, everybody.
[01:05:00.000 --> 01:05:06.000]  Yeah, even people that are not lawyers and judges sometimes commit crimes.
[01:05:06.000 --> 01:05:07.000]  What? What?
[01:05:07.000 --> 01:05:11.000]  Believe it or not.
[01:05:11.000 --> 01:05:18.000]  Well, I haven't met a lot of those people.
[01:05:18.000 --> 01:05:30.000]  Not usually, but yeah. So yeah, anybody can commit a crime, and that would be a criminal complaint. They could be state crimes. You would do a state criminal complaint.
[01:05:30.000 --> 01:05:39.000]  Or they could be federal crimes, and you would report that on a federal criminal complaint.
[01:05:39.000 --> 01:05:48.000]  So it depends on what you find that somebody did wrong. You just chalk it up to the list of all the things that you're going to be planning on reporting,
[01:05:48.000 --> 01:05:55.000]  and you just lay it all out there and prioritize which ones you need to report first.
[01:05:55.000 --> 01:06:06.000]  But as far as reversing this conviction, I was looking at void judgments or facts and findings.
[01:06:06.000 --> 01:06:14.000]  All right. Reversing conviction, the bar grievances won't have anything really to do with that.
[01:06:14.000 --> 01:06:23.000]  If it's recent, they're maybe more likely to do it. I would say it's a pretty slim chance anyway.
[01:06:23.000 --> 01:06:32.000]  But what you would do is have a challenge to the subject matter jurisdiction.
[01:06:32.000 --> 01:06:39.000]  In Illinois, do you know the procedure? Have you looked at the criminal procedure?
[01:06:39.000 --> 01:06:45.000]  I guess they're calling this traffic as crime in Illinois.
[01:06:45.000 --> 01:06:59.000]  No, it was not a criminal matter. It's not a criminal matter in Illinois. It's a quasi, what did she call it?
[01:06:59.000 --> 01:07:07.000]  She called it a quasi something for it. When I was trying, when I was asking the original judge on the case, you know,
[01:07:07.000 --> 01:07:15.000]  is this a civil matter? Is this a criminal matter? She called it a quasi, maybe quasi criminal.
[01:07:15.000 --> 01:07:24.000]  Yeah, I've heard people say that before. Even though there's really no such thing, how do you have?
[01:07:24.000 --> 01:07:36.000]  What I noticed is the traffic court I was in had no recording devices. It wasn't the court of record.
[01:07:36.000 --> 01:07:49.000]  It was a strictly administrative type of setup because when I did not go to the judge's trial that he set up,
[01:07:49.000 --> 01:07:54.000]  when I didn't go to that, I got issued bond, you know, skipping out on bond.
[01:07:54.000 --> 01:07:58.000]  And that was up in the criminal court, which was on the fourth floor.
[01:07:58.000 --> 01:08:06.000]  So that was a different setup. And then they had all the cameras and everything set up. That was an actual court record.
[01:08:06.000 --> 01:08:12.000]  Well, for whatever it is, you've got to find the rules that apply for that.
[01:08:12.000 --> 01:08:20.000]  And so if it's criminal, then you have to find the criminal procedure and you say, how does a court get jurisdiction?
[01:08:20.000 --> 01:08:25.000]  And you have to find what do the rules say? In Texas, it's the primary pleadings.
[01:08:25.000 --> 01:08:33.000]  You can look at the Texas Constitution. You can see that in Article 5, Section 12, subsection B is in Bravo.
[01:08:33.000 --> 01:08:44.000]  It specifically says that the presentment of an indictment or an information vests the court with jurisdiction to hear the cause.
[01:08:44.000 --> 01:08:49.000]  So anything else is just paperwork.
[01:08:49.000 --> 01:08:59.000]  And it can inform somebody that's maybe a magistrate to tell the DA, hey, it will go through the clerk and the DA will get word
[01:08:59.000 --> 01:09:04.000]  saying, oh, we need to take this complaint. We need to draw up an information based on that.
[01:09:04.000 --> 01:09:09.000]  Or it gets in the hands of the grand jury and they look at the complaint and they create an indictment.
[01:09:09.000 --> 01:09:17.000]  But until there's an indictment or an information, nobody has vested that court with jurisdiction yet.
[01:09:17.000 --> 01:09:23.000]  So the court can't have a case until there's an indictment or an information.
[01:09:23.000 --> 01:09:31.000]  They do it all the time. So you just challenge it with this subject matter jurisdiction challenge. Does that make sense?
[01:09:31.000 --> 01:09:44.000]  Okay. Right. Because, yeah, that's the part I've, they never presented a witness.
[01:09:44.000 --> 01:09:54.000]  They never, the prosecutor didn't even speak in that particular incident.
[01:09:54.000 --> 01:09:59.000]  The prosecutor didn't speak. So the judge was basically the prosecutor?
[01:09:59.000 --> 01:10:06.000]  The judge, yeah, it was only the judge. The judge is the only one who talked.
[01:10:06.000 --> 01:10:09.000]  So much for your presumption of innocence.
[01:10:09.000 --> 01:10:17.000]  Well, that's what I'm saying. I'm like, how could I possibly have a conviction when there was literally the prosecutor never talked.
[01:10:17.000 --> 01:10:25.000]  No witness was ever called on either side. You know, we never got to that point.
[01:10:25.000 --> 01:10:34.000]  I never understood the charges because they never answered about the commercial part.
[01:10:34.000 --> 01:10:40.000]  Did you object to anything during that trial time?
[01:10:40.000 --> 01:10:45.000]  Yeah. Well, it was never even a trial. This was an arraignment hearing.
[01:10:45.000 --> 01:10:56.000]  Okay. Arraignment. Well, take a look and see if you can find in Illinois what an arraignment is for.
[01:10:56.000 --> 01:11:06.000]  Because in Texas, an arraignment is for hearing the plea of the defendant. And it says in Texas, we've got the Code of Criminal Procedure 2601,
[01:11:06.000 --> 01:11:21.000]  02, and 03 will tell you about that. And 03 says that you can't have an arraignment until two full days have expired after the service to the defendant of an indictment or an information.
[01:11:21.000 --> 01:11:28.000]  So you want to hear the defendant's plea, you've got to give him the indictment or the information and give him two days to sit and chew on it.
[01:11:28.000 --> 01:11:35.000]  Then you can ask him how he pleads. That's the arraignment.
[01:11:35.000 --> 01:11:37.000]  Interesting.
[01:11:37.000 --> 01:11:46.000]  So if I don't give you anything to stand and answer for, what are you supposed to say? Am I guilty? I don't know. Maybe I am. What is it?
[01:11:46.000 --> 01:11:59.000]  In Texas, an arraignment under 2602, an arraignment is for the purpose of determining the identity of the accused and taking a plea.
[01:11:59.000 --> 01:12:01.000]  That's all an arraignment is.
[01:12:01.000 --> 01:12:03.000]  Right.
[01:12:03.000 --> 01:12:11.000]  Check the codes. Read your Criminal Procedure Code twice.
[01:12:11.000 --> 01:12:20.000]  Read it twice. You read it the first time, don't try to understand all of it because the way the laws are written, they pass a law and they stick it in the public ledger.
[01:12:20.000 --> 01:12:24.000]  They pass another and they stick it in the public ledger. So nothing's in order.
[01:12:24.000 --> 01:12:37.000]  So they hire these publishing companies to go through the public ledger and pull all these similar laws out and put them into one volume and call it a set of statutes or codes.
[01:12:37.000 --> 01:12:51.000]  So you start reading these and like in Texas, if you read Chapter 2, it says under 2.10 that it's the duty of the magistrate to keep the peace in the state of Texas.
[01:12:51.000 --> 01:12:58.000]  2.11 says when a magistrate sits for the purpose of examining into a criminal accusation, that is an examining court.
[01:12:58.000 --> 01:13:05.000]  Well, it won't make sense to you when you read that until you got to Chapter 16.
[01:13:05.000 --> 01:13:08.000]  Chapter 16 defines an examining court.
[01:13:08.000 --> 01:13:18.000]  So you just read through it the first time and when you read it the second time and you see 2.11, you'll say the examining court, you'll know exactly what that is.
[01:13:18.000 --> 01:13:21.000]  You'll start stitching these pieces together.
[01:13:21.000 --> 01:13:27.000]  You read it twice, you'll understand it better than the prosecutor does.
[01:13:27.000 --> 01:13:31.000]  Then you can start really asking really interesting questions.
[01:13:31.000 --> 01:13:50.000]  The question seemed to want to ask is how did you get me into a responsibility or get me to fall under the prosecutorial nexus or the, what's the term, Brett?
[01:13:50.000 --> 01:13:53.000]  How do you get me to fall under that regulatory scheme?
[01:13:53.000 --> 01:13:55.000]  Yeah, the regulatory scheme, exactly.
[01:13:55.000 --> 01:13:58.000]  You're not a commercial driver.
[01:13:58.000 --> 01:14:03.000]  So how are you prosecuting me for being a commercial driver?
[01:14:03.000 --> 01:14:06.000]  Okay, I do have a commercial license.
[01:14:06.000 --> 01:14:09.000]  Your driver's license is a commercial license.
[01:14:09.000 --> 01:14:15.000]  But at the time, there's no evidence that I was acting in commerce.
[01:14:15.000 --> 01:14:26.000]  So the complaint itself is insufficient to invoke the subject matter jurisdiction of the trial court because it doesn't contain all the elements.
[01:14:26.000 --> 01:14:30.000]  One of the elements is acting in commerce.
[01:14:30.000 --> 01:14:34.000]  That's what brings you within the statutory scheme.
[01:14:34.000 --> 01:14:42.000]  If that's not in the complaint, the complaint's insufficient on its face to grant jurisdiction to the court.
[01:14:42.000 --> 01:14:44.000]  Does that make sense?
[01:14:44.000 --> 01:14:50.000]  Yeah, that's kind of what I determined, but now I got convicted anyway.
[01:14:50.000 --> 01:14:54.000]  What you have to do is to be able to stipulate that.
[01:14:54.000 --> 01:14:59.000]  You cannot make a proactive statement of law out of your own mouth.
[01:14:59.000 --> 01:15:00.000]  Okay.
[01:15:00.000 --> 01:15:15.000]  When I cite the transportation code as commercial, then I cite from the transportation code where it is for the purpose of regulating commercial traffic.
[01:15:15.000 --> 01:15:22.000]  And then I go into the code and look up the definition of commercial and add that to it.
[01:15:22.000 --> 01:15:25.000]  Everything has to be stipulated in there.
[01:15:25.000 --> 01:15:32.000]  Once you've read the code twice and get your transportation code, you don't have to read the whole code, but read the preamble.
[01:15:32.000 --> 01:15:36.000]  Read the first two or three chapters.
[01:15:36.000 --> 01:15:46.000]  In there, they'll talk about what this code is for, who it was intended to apply to, and it's going to apply to commercial operators.
[01:15:46.000 --> 01:16:02.000]  When a policeman stops you and you have a license plate on your vehicle, that gives him probable cause to believe that you could well be in commerce because you're licensed to be in commerce.
[01:16:02.000 --> 01:16:08.000]  But that doesn't mean you are because you could use this vehicle for reasons other than commerce.
[01:16:08.000 --> 01:16:19.000]  So while he had probable cause to believe you were in commerce, once he stopped you, then he had to ask questions to determine whether you were actually in commerce or not.
[01:16:19.000 --> 01:16:21.000]  And they never do that.
[01:16:21.000 --> 01:16:22.000]  Right.
[01:16:22.000 --> 01:16:26.000]  That's where the argument lies.
[01:16:26.000 --> 01:16:28.000]  Okay.
[01:16:28.000 --> 01:16:36.000]  But read criminal procedure code, transportation code, and criminal code twice.
[01:16:36.000 --> 01:16:42.000]  Once you've read them twice, you'll understand them better than they do.
[01:16:42.000 --> 01:16:44.000]  Hang on. Hang on.
[01:16:44.000 --> 01:16:48.000]  Randy Kelton, Rat Fountain, we'll look by radio.
[01:16:48.000 --> 01:16:52.000]  And since you're, are you in Chicago?
[01:16:52.000 --> 01:16:53.000]  Outside.
[01:16:53.000 --> 01:17:00.000]  Outside. Okay. Hang on. We'll be right back.
[01:17:00.000 --> 01:17:05.000]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:20:09.000 --> 01:20:11.000]  This is the Rule of Law Radio, Randy Kelton.
[01:20:11.000 --> 01:20:13.000]  I'm Brett Fountain.
[01:20:13.000 --> 01:20:18.000]  And we're talking with Tom in Illinois.
[01:20:18.000 --> 01:20:22.000]  Tom, so let's see.
[01:20:22.000 --> 01:20:26.000]  Randy was asking if you're in Chicago.
[01:20:26.000 --> 01:20:30.000]  And over the break I was asking him, why Chicago?
[01:20:30.000 --> 01:20:33.000]  And he had a very astute answer.
[01:20:33.000 --> 01:20:46.000]  He says, well, it's the only city that's big enough to have a traffic court on the fourth floor.
[01:20:46.000 --> 01:20:48.000]  Yeah, that was the criminal court on the fourth floor.
[01:20:48.000 --> 01:20:54.000]  I'm in the suburb outside Chicago.
[01:20:54.000 --> 01:20:56.000]  West?
[01:20:56.000 --> 01:20:58.000]  Yes.
[01:20:58.000 --> 01:21:01.000]  Schomburg?
[01:21:01.000 --> 01:21:03.000]  I'm in that area.
[01:21:03.000 --> 01:21:04.000]  In that area.
[01:21:04.000 --> 01:21:08.000]  I grew up on the near north side.
[01:21:08.000 --> 01:21:13.000]  I probably grew up in a neighborhood you won't drive into.
[01:21:13.000 --> 01:21:14.000]  How much was that?
[01:21:14.000 --> 01:21:17.000]  North and western.
[01:21:17.000 --> 01:21:19.000]  North and western?
[01:21:19.000 --> 01:21:22.000]  Well, not always.
[01:21:22.000 --> 01:21:31.000]  Yeah, I don't go downtown a lot anymore, except sometimes when I'm driving for work.
[01:21:31.000 --> 01:21:35.000]  Well, I don't go there at all anymore.
[01:21:35.000 --> 01:21:39.000]  I got away from there and I don't ever go back.
[01:21:39.000 --> 01:21:41.000]  Chicago was the most corrupt place I've ever been.
[01:21:41.000 --> 01:21:45.000]  But I was there during Mayor Daley's tenure.
[01:21:45.000 --> 01:21:52.000]  And we were more afraid of the police than we were the Puerto Rican street gangs.
[01:21:52.000 --> 01:21:54.000]  Yeah, I remember that.
[01:21:54.000 --> 01:21:59.000]  That was pretty pitiful.
[01:21:59.000 --> 01:22:01.000]  Anyway.
[01:22:01.000 --> 01:22:05.000]  Chicago Stadium security.
[01:22:05.000 --> 01:22:09.000]  That's way on the south side.
[01:22:09.000 --> 01:22:15.000]  The last time I was in Chicago, I went to the Science and Industry Museum.
[01:22:15.000 --> 01:22:17.000]  And it was just south of downtown.
[01:22:17.000 --> 01:22:18.000]  I got on a bus.
[01:22:18.000 --> 01:22:20.000]  North Chicago is white.
[01:22:20.000 --> 01:22:22.000]  South Chicago is black.
[01:22:22.000 --> 01:22:24.000]  I got on this bus.
[01:22:24.000 --> 01:22:27.000]  And after a while, there wasn't anything but black people on the line.
[01:22:27.000 --> 01:22:30.000]  I'm sitting next to this woman, black woman.
[01:22:30.000 --> 01:22:35.000]  And I said, ma'am, is it possible that I got on the wrong bus?
[01:22:35.000 --> 01:22:36.000]  And she started laughing.
[01:22:36.000 --> 01:22:43.000]  She said, yeah, honky, you're definitely in the wrong neighborhood.
[01:22:43.000 --> 01:22:47.000]  When I grew up there, we did not go on the south side.
[01:22:47.000 --> 01:22:50.000]  But this was 20 years later.
[01:22:50.000 --> 01:22:52.000]  And I was amazed.
[01:22:52.000 --> 01:22:56.000]  I was in a bus full of black people.
[01:22:56.000 --> 01:23:03.000]  And when I said to this woman, she told me I got on the wrong bus, all of them started ragging on me.
[01:23:03.000 --> 01:23:08.000]  And laughing and joking, nobody frowned at me.
[01:23:08.000 --> 01:23:12.000]  And I was thinking, where am I?
[01:23:12.000 --> 01:23:16.000]  This is not the Chicago I remember.
[01:23:16.000 --> 01:23:21.000]  If I'd have done that when I was growing up, my life would be in jeopardy.
[01:23:21.000 --> 01:23:26.000]  But apparently, Chicago has changed a lot.
[01:23:26.000 --> 01:23:34.000]  Yeah, I think most of the violence is related to gangs, not individuals hating on each other.
[01:23:34.000 --> 01:23:35.000]  Gang.
[01:23:35.000 --> 01:23:44.000]  I grew up in a neighborhood with the Spanish kings and this WAP gang called the Gaylords.
[01:23:44.000 --> 01:23:55.000]  And I asked them, what kind of legitimate street gang is going to call themselves Gaylords?
[01:23:55.000 --> 01:24:00.000]  Yeah, you don't have to ask your boss what they say, do you?
[01:24:00.000 --> 01:24:07.000]  But the one thing about the gangs, it's not like the show on TV.
[01:24:07.000 --> 01:24:10.000]  Maybe now there may be a lot more.
[01:24:10.000 --> 01:24:13.000]  But when I was growing up there, there were street gangs everywhere.
[01:24:13.000 --> 01:24:16.000]  But street gangs didn't mess with us.
[01:24:16.000 --> 01:24:20.000]  If you didn't mess with them, they didn't mess with you.
[01:24:20.000 --> 01:24:24.000]  I never had any problem from street gangs, even the Spanish kings.
[01:24:24.000 --> 01:24:29.000]  We were white guys and they tended not to like white people.
[01:24:29.000 --> 01:24:37.000]  But it wasn't a major consideration in our lives, the street gangs.
[01:24:37.000 --> 01:24:48.000]  It may be a lot different now, but I think a lot of it is the propaganda, the TV recreation of, you know, they sensationalize everything.
[01:24:48.000 --> 01:24:52.000]  These street gangs are really just groups of guys hanging out together.
[01:24:52.000 --> 01:24:59.000]  And they've committed a little criminal stuff, but it wasn't as bad as I see it on TV.
[01:24:59.000 --> 01:25:03.000]  The thing we feared the most were the police.
[01:25:03.000 --> 01:25:07.000]  We were terrified of the police.
[01:25:07.000 --> 01:25:12.000]  They were much, much more dangerous than the criminals.
[01:25:12.000 --> 01:25:15.000]  Anyway, that's not the issue.
[01:25:15.000 --> 01:25:19.000]  No.
[01:25:19.000 --> 01:25:25.000]  Okay, so they've taken your license.
[01:25:25.000 --> 01:25:36.000]  And if the funds, if the money is not the problem, one of the things I would suggest is what battle do you want to have?
[01:25:36.000 --> 01:25:46.000]  Well, I want to have the subject matter jurisdiction battle because I can't admit, I mean, I was convicted with zero due process.
[01:25:46.000 --> 01:25:50.000]  They never even explained the different charges.
[01:25:50.000 --> 01:25:57.000]  They never, you know, they never answered like, how does this commercial code apply to me?
[01:25:57.000 --> 01:26:02.000]  These are simple questions that they should be able to answer.
[01:26:02.000 --> 01:26:07.000]  And if they can't, then they should drop and walk, but they didn't.
[01:26:07.000 --> 01:26:22.000]  Well, how many people, how many people have they enforced a commercial code against who were not subject to the commercial code?
[01:26:22.000 --> 01:26:26.000]  The difference is if someone asks them about it, you know.
[01:26:26.000 --> 01:26:37.000]  What I'm getting at, if you want to have this fight, there's a really good fight to have here.
[01:26:37.000 --> 01:26:38.000]  Yeah.
[01:26:38.000 --> 01:26:46.000]  Are you familiar with a private attorney general suit?
[01:26:46.000 --> 01:26:55.000]  Well, I would prefer to stick with how to reverse this conviction before we get to that one.
[01:26:55.000 --> 01:26:56.000]  Or is it all?
[01:26:56.000 --> 01:26:58.000]  Okay.
[01:26:58.000 --> 01:27:04.000]  It's kind of tied together, but reversing this conviction is going to be tough.
[01:27:04.000 --> 01:27:07.000]  It has nothing to do with law.
[01:27:07.000 --> 01:27:10.000]  That's due with money.
[01:27:10.000 --> 01:27:27.000]  If they allow your conviction to get overturned, especially on the issue that you're bringing, you will almost shut down traffic enforcement in Illinois.
[01:27:27.000 --> 01:27:32.000]  What do you think the likelihood of them allowing that to happen is?
[01:27:32.000 --> 01:27:40.000]  So it doesn't matter what the facts and reality of the case are?
[01:27:40.000 --> 01:27:42.000]  That's not exactly the case.
[01:27:42.000 --> 01:27:43.000]  It's difficult.
[01:27:43.000 --> 01:27:45.000]  Yes.
[01:27:45.000 --> 01:27:55.000]  You have to understand it's difficult, but you have to also understand it's not about law.
[01:27:55.000 --> 01:27:59.000]  It's about politics.
[01:27:59.000 --> 01:28:08.000]  You can never expect to win your case simply because you have the law and the facts on your side.
[01:28:08.000 --> 01:28:11.000]  To think so is naive.
[01:28:11.000 --> 01:28:20.000]  You can expect to win your case if you have the politics on your side and all politics is local.
[01:28:20.000 --> 01:28:23.000]  That is not a problem.
[01:28:23.000 --> 01:28:28.000]  It's only a problem if you don't understand that's how it works.
[01:28:28.000 --> 01:28:34.000]  Once you understand how it works, then you can start having an effect.
[01:28:34.000 --> 01:28:41.000]  A friend of mine's son is in jail in Hillsboro, Texas.
[01:28:41.000 --> 01:28:49.000]  Hillsboro is the hometown of Willie Nelson, and he wanted me to see what I could do to help get him out.
[01:28:49.000 --> 01:28:57.000]  So I went down there and I picked a fight for us to understand the politics.
[01:28:57.000 --> 01:29:01.000]  I went to the sheriff's department and asked to see some records.
[01:29:01.000 --> 01:29:09.000]  She didn't want to show me the records, so this woman sent me a request to clarify my request.
[01:29:09.000 --> 01:29:20.000]  I asked for all records collected and simply maintained by the department that I referenced by 1730 Code of Criminal Procedure, a civil statute.
[01:29:20.000 --> 01:29:23.000]  She asked me to clarify, and I said, sure, I'll clarify.
[01:29:23.000 --> 01:29:29.000]  Just go to the legislature and ask them what they were talking about when they passed this legislation.
[01:29:29.000 --> 01:29:31.000]  I'm sure they'll be glad to explain it to you.
[01:29:31.000 --> 01:29:33.000]  Well, that made her unhappy.
[01:29:33.000 --> 01:29:39.000]  And I had been warned that this woman, Miss Garcia, had a really bad attitude.
[01:29:39.000 --> 01:29:41.000]  Wonderful.
[01:29:41.000 --> 01:29:44.000]  So I used her attitude.
[01:29:44.000 --> 01:29:49.000]  She sent me a statement saying they had no record responsive to my request.
[01:29:49.000 --> 01:29:54.000]  I filed criminal charges against the sheriff with the district judge the next day.
[01:29:54.000 --> 01:29:57.000]  Just to embarrass everybody.
[01:29:57.000 --> 01:30:01.000]  Hang on, Randy Kelton, we'll be right back.
[01:30:01.000 --> 01:30:05.000]  A top cybersecurity expert has a warning for America.
[01:30:05.000 --> 01:30:11.000]  If you build an electrical smart grid, the hackers will come and they could cause a catastrophic blackout.
[01:30:11.000 --> 01:30:16.000]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack.
[01:30:18.000 --> 01:30:21.000]  When you give up data about yourself, you'll never get it back again.
[01:30:21.000 --> 01:30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.000 --> 01:30:28.000]  So protect your rights.
[01:30:28.000 --> 01:30:32.000]  Say no to surveillance and keep your information to yourself.
[01:30:32.000 --> 01:30:34.000]  Privacy, it's worth hanging on to.
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[01:30:45.000 --> 01:30:52.000]  Governments love power, so it's only natural they'd want to control the power going into your home too with a smart grid.
[01:30:52.000 --> 01:30:59.000]  So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure.
[01:30:59.000 --> 01:31:03.000]  But cybersecurity expert David Chalk says not so fast.
[01:31:03.000 --> 01:31:08.000]  If we make the national power grid controllable through the web, hackers will have a field day.
[01:31:08.000 --> 01:31:15.000]  Working remotely, they could tap in and black out the entire nation, leaving us vulnerable to our enemies.
[01:31:15.000 --> 01:31:19.000]  I've long opposed smart meters for privacy and health reasons.
[01:31:19.000 --> 01:31:24.000]  The catastrophic failures caused by hackers, there's nothing smart about that.
[01:31:24.000 --> 01:31:31.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.000 --> 01:31:37.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:37.000 --> 01:31:39.000]  The government says that fire brought it down.
[01:31:39.000 --> 01:31:44.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:44.000 --> 01:31:49.000]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:51.000]  I'm not a conspiracy theorist.
[01:31:51.000 --> 01:31:52.000]  I'm a structural engineer.
[01:31:52.000 --> 01:31:53.000]  I'm a New York City correction officer.
[01:31:53.000 --> 01:31:54.000]  I'm an Air Force pilot.
[01:31:54.000 --> 01:31:56.000]  I'm a father who lost his son.
[01:31:56.000 --> 01:31:58.000]  We're Americans, and we deserve the truth.
[01:31:58.000 --> 01:32:03.000]  Go to RememberBuilding7.org today.
[01:32:03.000 --> 01:32:06.000]  Rule of Law Radio is proud to offer the rule of law traffic center.
[01:32:06.000 --> 01:32:08.000]  In today's America, we live in an us-against-them society.
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[01:33:02.000 --> 01:33:08.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:32.000 --> 01:33:53.000]  Okay, we are back.
[01:33:53.000 --> 01:33:59.000]  Randy Kelton, Brett Felton, Rule of Law Radio, and we're talking to...
[01:33:59.000 --> 01:34:02.000]  What are you talking about? I'm not on the screen. Tom in Illinois.
[01:34:02.000 --> 01:34:05.000]  Tom in Illinois? Okay.
[01:34:05.000 --> 01:34:09.000]  Okay, Tom in Illinois, it's all about politics.
[01:34:09.000 --> 01:34:12.000]  Figure out how things work.
[01:34:12.000 --> 01:34:19.000]  How they really work. Not what the Constitution and all the laws say how they're supposed to work, but how they really work.
[01:34:19.000 --> 01:34:28.000]  I've got a friend whose son's in jail in Hillsboro. I want him to want that guy out of his jail.
[01:34:28.000 --> 01:34:33.000]  I had this happen before. I had a woman with two DUIs ten years before.
[01:34:33.000 --> 01:34:37.000]  She's at a party. She drinks too much. She says, I'm not driving here.
[01:34:37.000 --> 01:34:43.000]  She goes out, lays down in a car, and goes to sleep. They wake her up and arrest her for DUI.
[01:34:43.000 --> 01:34:47.000]  Charge her with third DUI, and you can get 25 to life.
[01:34:47.000 --> 01:34:55.000]  So I came down and harassed them, and her father called me and said, what did you do?
[01:34:55.000 --> 01:35:02.000]  I said, well, I just gave them a little hard time. I went down to the camera crew and jerked them around a bit.
[01:35:02.000 --> 01:35:10.000]  He said that they called her into court, and the prosecutor went out with her attorney and told her attorney,
[01:35:10.000 --> 01:35:21.000]  we'll charge her with public intox, time served, no fine, just get her the heck out of my jail.
[01:35:21.000 --> 01:35:28.000]  What? It's about politics. How do you beat them up?
[01:35:28.000 --> 01:35:36.000]  I went to Hillsboro. I asked to see these records. She told me she didn't have any records responsive to my request.
[01:35:36.000 --> 01:35:42.000]  Immediately, I went to the district judge. He's having a trial, gave a set of criminal complaints,
[01:35:42.000 --> 01:35:48.000]  a verified criminal complaint to his bailiff, and I said, instruct the judge that I have business with the court.
[01:35:48.000 --> 01:35:51.000]  He said, may I tell him the nature of the business? Yes, you may. Give him these.
[01:35:51.000 --> 01:35:54.000]  I gave him the documents. He gives them to the judge.
[01:35:54.000 --> 01:36:00.000]  The judge finishes his hearing, gets up and walks out of the courtroom.
[01:36:00.000 --> 01:36:09.000]  I get an email from the district attorney two days later telling me that he understands I filed a complaint against the sheriff.
[01:36:09.000 --> 01:36:16.000]  I didn't file against the woman who handled his records. I filed against her boss responding to that courier.
[01:36:16.000 --> 01:36:25.000]  I gave it to the district judge, and he said that he looked at the response I got and felt like my request was resolved.
[01:36:25.000 --> 01:36:35.000]  So, you know, I could argue that that issue, but first I said, what the heck are you doing acting as a lawyer for the judge?
[01:36:35.000 --> 01:36:41.000]  He's learning counsel, and if he doesn't know, he can hire his own lawyer.
[01:36:41.000 --> 01:36:49.000]  What are you doing representing the judge? That's misappropriation of public funds.
[01:36:49.000 --> 01:36:56.000]  So now I got him peoed, and I already talked to him and told him what I'm doing going after him,
[01:36:56.000 --> 01:37:03.000]  and he said, well, Mr. Kelso, you really should take this to a larger county like Tarrant or Travis.
[01:37:03.000 --> 01:37:05.000]  Oh, I'm going to take it to Travis County.
[01:37:05.000 --> 01:37:14.000]  But I need to practice first, so I want to take on a smaller county just to figure out all the stuff they're going to do to try to defend against me.
[01:37:14.000 --> 01:37:19.000]  So I'm kind of using you guys as a crash dummy.
[01:37:19.000 --> 01:37:26.000]  Well, they know I'm there because of this kid, because the first thing I did was went and looked at his records.
[01:37:26.000 --> 01:37:31.000]  And I asked the clerk, there's documents missing, and I asked her where these records were.
[01:37:31.000 --> 01:37:37.000]  Well, I wanted the clerk to know what I was looking for. And then I give her a hard time because the records are missing.
[01:37:37.000 --> 01:37:41.000]  She went and talked to the prosecutor. I give her information very quickly.
[01:37:41.000 --> 01:37:45.000]  So the prosecutor, he calls me. We had a long conversation about this.
[01:37:45.000 --> 01:37:51.000]  And then the next thing he knows, I'm filing criminal complaints against the sheriff.
[01:37:51.000 --> 01:37:54.000]  And then I go see this guy in jail.
[01:37:54.000 --> 01:38:03.000]  And when you talk to somebody in jail, you're never talking to the person you're talking to. You're talking to the jailers because they're listening.
[01:38:03.000 --> 01:38:10.000]  So I went through this whole routine. I said, now, you don't start any trouble. You keep your mouth shut.
[01:38:10.000 --> 01:38:17.000]  We don't want them to have any claim to bring against you because we are going to wind their clocks.
[01:38:17.000 --> 01:38:27.000]  So never ask these guys to do anything that you actually want them to do because you never ask them to do anything that the law does not compel them to do.
[01:38:27.000 --> 01:38:30.000]  So when they don't do it, boom, you get to land on bricks.
[01:38:30.000 --> 01:38:33.000]  And so far, these guys have been really accommodating.
[01:38:33.000 --> 01:38:37.000]  And I told them, I'm going after the district judge. I'm going after the prosecutor.
[01:38:37.000 --> 01:38:41.000]  I am going to stir up so much stink in this county, they are not going to believe it.
[01:38:41.000 --> 01:38:49.000]  So no doubt the bailiffs took my recording and played it for the district attorney.
[01:38:49.000 --> 01:38:52.000]  Now he knows.
[01:38:52.000 --> 01:38:58.000]  And so they just, the kid's father just called me and said, what did you do?
[01:38:58.000 --> 01:39:02.000]  I said, well, I'm just jerking around a little. Why?
[01:39:02.000 --> 01:39:08.000]  He said, well, they had him set for a hearing in January. They just moved it back a month to December.
[01:39:08.000 --> 01:39:11.000]  It's on a probation revocation.
[01:39:11.000 --> 01:39:14.000]  And he said, they never do that.
[01:39:14.000 --> 01:39:18.000]  They want to keep him in jail as long as possible. They never back it up.
[01:39:18.000 --> 01:39:21.000]  They always extend it out.
[01:39:21.000 --> 01:39:29.000]  And I said, they're probably doing this because the district attorney knows I'm there because of this kid.
[01:39:29.000 --> 01:39:32.000]  And he gets him out of jail.
[01:39:32.000 --> 01:39:36.000]  He's thinking I'll go away and leave him alone.
[01:39:36.000 --> 01:39:42.000]  Now what does any of this have to do with law?
[01:39:42.000 --> 01:39:44.000]  It's all politics.
[01:39:44.000 --> 01:39:52.000]  That's why Brett and I say, Bargay is a lawyer, judicial conduct, complaint to judge, post complaint in Illinois,
[01:39:52.000 --> 01:39:59.000]  I think it's post, police officer certification traded, file complaints against the police officer into post.
[01:39:59.000 --> 01:40:02.000]  He gets enough of those. It raises his bond rating.
[01:40:02.000 --> 01:40:09.000]  And the insurance company will come to the department and say, this guy's an unacceptable risk.
[01:40:09.000 --> 01:40:12.000]  You keep him. We'll raise your bond rating on the whole department.
[01:40:12.000 --> 01:40:18.000]  But what do you think's going to happen to him next time his contract comes up for renewal?
[01:40:18.000 --> 01:40:21.000]  Bye, Bubba.
[01:40:21.000 --> 01:40:24.000]  It's not about laws, it's about politics.
[01:40:24.000 --> 01:40:31.000]  Figure out how things work, how they really work, not that crap they taught you in high school.
[01:40:31.000 --> 01:40:33.000]  And that's what this show is about.
[01:40:33.000 --> 01:40:36.000]  This is about how to really beat them up.
[01:40:36.000 --> 01:40:44.000]  You start doing that and they're likely to give you what you want just to get you to go away and leave them alone.
[01:40:44.000 --> 01:40:46.000]  Does that make sense?
[01:40:46.000 --> 01:40:48.000]  It does make sense.
[01:40:48.000 --> 01:41:04.000]  But the bar agreements, the judicial complaints, and then the paperwork to reverse the conviction would be...
[01:41:04.000 --> 01:41:07.000]  Well, set them up for a lawsuit.
[01:41:07.000 --> 01:41:09.000]  Set them up to sue them.
[01:41:09.000 --> 01:41:12.000]  Ask them to do something they're not going to want to do.
[01:41:12.000 --> 01:41:20.000]  And you're going to have a statute in Illinois that reflects 18 U.S. Code 242, the Ku Klux Klan Act.
[01:41:20.000 --> 01:41:28.000]  And I'm paraphrasing because it's kind of long, but essentially what it says, if a public official violates a law relating to his office
[01:41:28.000 --> 01:41:35.000]  and in the process denies a citizen full free access to or enjoyment of a right, well, that's a Class A misdemeanor.
[01:41:35.000 --> 01:41:40.000]  And every state has a statute that reflects 18 U.S. Code 242.
[01:41:40.000 --> 01:41:44.000]  In Texas it's 39.03.
[01:41:44.000 --> 01:41:46.000]  You're going to have one in Illinois.
[01:41:46.000 --> 01:41:49.000]  They have to have a way to control public officials.
[01:41:49.000 --> 01:41:57.000]  So all you have to do is claim that a public official violated a law relating to his office
[01:41:57.000 --> 01:42:01.000]  and denied you free access to or enjoyment of a right.
[01:42:01.000 --> 01:42:14.000]  A police officer cited you and had you prosecuted for violating a commercial transportation code when you did no such thing.
[01:42:14.000 --> 01:42:21.000]  He committed aggravated perjury and official oppression.
[01:42:21.000 --> 01:42:23.000]  So you sue him.
[01:42:23.000 --> 01:42:24.000]  You sue him.
[01:42:24.000 --> 01:42:27.000]  Because the police never even testified.
[01:42:27.000 --> 01:42:28.000]  Nobody testified.
[01:42:28.000 --> 01:42:30.000]  That matter, he filed a complaint.
[01:42:30.000 --> 01:42:33.000]  That started the whole thing.
[01:42:33.000 --> 01:42:34.000]  Yeah.
[01:42:34.000 --> 01:42:35.000]  Okay.
[01:42:35.000 --> 01:42:40.000]  You want them to protect that officer.
[01:42:40.000 --> 01:42:42.000]  Four-sided chess board.
[01:42:42.000 --> 01:42:44.000]  Have you ever played four-sided chess?
[01:42:44.000 --> 01:42:46.000]  Can't say I have.
[01:42:46.000 --> 01:42:47.000]  Okay.
[01:42:47.000 --> 01:42:50.000]  Four-sided chess, it's all about relationships.
[01:42:50.000 --> 01:42:56.000]  Two of you gang up on two others, and when you get them out, then if you get one out,
[01:42:56.000 --> 01:43:01.000]  then two gang up on one until you get down to the last two.
[01:43:01.000 --> 01:43:02.000]  It's all about relationships.
[01:43:02.000 --> 01:43:09.000]  You sit down in court, your lawyer's to your right, opposing counsel to your left, the judge across from you.
[01:43:09.000 --> 01:43:11.000]  You have a relationship with your lawyer.
[01:43:11.000 --> 01:43:17.000]  Your lawyer has a relationship with an opposing counsel and with the judge.
[01:43:17.000 --> 01:43:21.000]  If you can't get inside that relationship, you're going to get screwed.
[01:43:21.000 --> 01:43:25.000]  So what you do is hammer your lawyer.
[01:43:25.000 --> 01:43:30.000]  Bargrieve him, threaten to sue him, just beat him up horrible.
[01:43:30.000 --> 01:43:34.000]  So he goes to these two guys and says, look, guys, you've got to help me out.
[01:43:34.000 --> 01:43:36.000]  I've got an unruly client here.
[01:43:36.000 --> 01:43:38.000]  He's going to ruin my practice.
[01:43:38.000 --> 01:43:39.000]  You've got to help me.
[01:43:39.000 --> 01:43:42.000]  I'll pay you back on the next one.
[01:43:42.000 --> 01:43:45.000]  It's all about politics.
[01:43:45.000 --> 01:43:53.000]  I'm thinking so much about pure law and think about human beings and how they work with one another
[01:43:53.000 --> 01:43:58.000]  and all the things they do that you're complaining about about helping one another, you get to use it against them.
[01:43:58.000 --> 01:44:00.000]  We'll be right back.
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[01:46:24.000 --> 01:46:41.000]  Okay, we are back.
[01:46:41.000 --> 01:46:48.000]  Randy Kelton, Brett Fountain, Rule of Law Radio, and Brett just notified me that we're on our last segment.
[01:46:48.000 --> 01:46:53.000]  Tom, read the codes.
[01:46:53.000 --> 01:46:58.000]  Read the penal code, criminal procedure code, and transportation code.
[01:46:58.000 --> 01:47:06.000]  Transportation code just needs to read the first section, the enabling section.
[01:47:06.000 --> 01:47:12.000]  It'll tell you that it applies to commercial traffic.
[01:47:12.000 --> 01:47:16.000]  But forget about getting these guys to rule on point of law.
[01:47:16.000 --> 01:47:18.000]  It's not going to happen.
[01:47:18.000 --> 01:47:21.000]  At the end of the day, it doesn't matter what the law says.
[01:47:21.000 --> 01:47:25.000]  What matters is how much personal pressure you can put on them.
[01:47:25.000 --> 01:47:36.000]  Start looking for how can you get these guys to do something wrong that will be something you can sue them for.
[01:47:36.000 --> 01:47:48.000]  These guys have immunity unless they act outside of scope, and committing crimes is outside of scope.
[01:47:48.000 --> 01:47:56.000]  You can get the judge to deny you in due process instead of arguing the due process,
[01:47:56.000 --> 01:48:01.000]  file suit against the judge for committing crimes against you.
[01:48:01.000 --> 01:48:03.000]  Does this make sense?
[01:48:03.000 --> 01:48:05.000]  Right.
[01:48:05.000 --> 01:48:10.000]  Yeah, I mean, he broke many different due process requirements.
[01:48:10.000 --> 01:48:11.000]  Okay.
[01:48:11.000 --> 01:48:13.000]  Okay, write all those up.
[01:48:13.000 --> 01:48:16.000]  Do you have a timeline of events?
[01:48:16.000 --> 01:48:20.000]  No, I do not have a timeline of events.
[01:48:20.000 --> 01:48:29.000]  I started one after I was listening to the archives and starting to put that together.
[01:48:29.000 --> 01:48:31.000]  That is the most important thing you have.
[01:48:31.000 --> 01:48:32.000]  Do that.
[01:48:32.000 --> 01:48:39.000]  I've got one more call that's been waiting for a long time, and I'm in my last segment.
[01:48:39.000 --> 01:48:48.000]  Read the code, then put together a timeline of events and call us next week, and we can have a really interesting conversation.
[01:48:48.000 --> 01:48:49.000]  You got it.
[01:48:49.000 --> 01:48:50.000]  Thank you.
[01:48:50.000 --> 01:48:51.000]  Okay, thank you, Tom.
[01:48:51.000 --> 01:48:54.000]  Now we're going to Jack in Texas.
[01:48:54.000 --> 01:48:57.000]  Brett, who was that that just dropped off?
[01:48:57.000 --> 01:49:00.000]  We had Stephen in Texas.
[01:49:00.000 --> 01:49:09.000]  Stephen, if you're listening, I'll try to blow Jack off real quick because you know how Jack is.
[01:49:09.000 --> 01:49:10.000]  Oh, no, Jack.
[01:49:10.000 --> 01:49:13.000]  Hello, Jack.
[01:49:13.000 --> 01:49:17.000]  I'm going to talk real, real slow.
[01:49:17.000 --> 01:49:20.000]  Okay.
[01:49:20.000 --> 01:49:26.000]  Hey, I've got a couple of quick questions.
[01:49:26.000 --> 01:49:33.000]  I need to know about TASSET contracts or TASSET agreements.
[01:49:33.000 --> 01:49:35.000]  TASSET?
[01:49:35.000 --> 01:49:40.000]  Yes, T-A-C-S-I-T.
[01:49:40.000 --> 01:49:48.000]  Agreements made when somebody offers you something and you didn't say anything else about it, you just kind of went along with it?
[01:49:48.000 --> 01:49:59.000]  Yeah, it's an agreement or contract where they make you an offer and if you don't refuse it, then it's a done deal.
[01:49:59.000 --> 01:50:01.000]  No, it's not.
[01:50:01.000 --> 01:50:07.000]  A deal is not a deal until something of value changes hands.
[01:50:07.000 --> 01:50:13.000]  A contract is not a contract until something of value changes hands.
[01:50:13.000 --> 01:50:17.000]  There's no implied agreement.
[01:50:17.000 --> 01:50:23.000]  Well, sometimes all the terms aren't known, but you've already entered into the agreement.
[01:50:23.000 --> 01:50:32.000]  And it's like if you go into the restaurant and order some fish and it says the price is market price.
[01:50:32.000 --> 01:50:41.000]  Well, you don't know exactly what that is, but you already agreed to whatever that number is going to be because you ordered the fish.
[01:50:41.000 --> 01:50:50.000]  So that's a perfect example of a TASSET agreement.
[01:50:50.000 --> 01:50:56.000]  That's just what I was about to say.
[01:50:56.000 --> 01:51:07.000]  So what I was told is this is how the telephone companies and utilities and banks and all that kind of stuff,
[01:51:07.000 --> 01:51:18.000]  they change the terms on you and unless you refuse, then they've changed the contract, they've changed the deal.
[01:51:18.000 --> 01:51:23.000]  Well, yeah, but that's an implied contract.
[01:51:23.000 --> 01:51:31.000]  If they change the covenants of the contract and you don't oppose the changes,
[01:51:31.000 --> 01:51:37.000]  then they get to act from the presumption that you agree to them.
[01:51:37.000 --> 01:51:43.000]  But you have the option of going back and saying, wait a minute.
[01:51:43.000 --> 01:51:52.000]  I did not, I was not given proper notice or opportunity to react to respond.
[01:51:52.000 --> 01:51:57.000]  And your changes are unconscionable.
[01:51:57.000 --> 01:52:08.000]  Unconscionable means one side gets the benefit and the other side gets no benefit.
[01:52:08.000 --> 01:52:20.000]  So if the power company decides to raise their rate and some condition for raising the rate is not included in your contract,
[01:52:20.000 --> 01:52:27.000]  and in raising the rate they don't give you something in return, that's unconscionable.
[01:52:27.000 --> 01:52:37.000]  You can argue that and it doesn't matter, it doesn't always matter if they gave you prior notice.
[01:52:37.000 --> 01:52:42.000]  Contracts are so complex that the courts are going to look at contracts reasonably.
[01:52:42.000 --> 01:52:50.000]  If I have a 90-page contract with you and I change one sentence in one paragraph,
[01:52:50.000 --> 01:52:56.000]  and I try to hold you liable to that one sentence in one paragraph, that's unconscionable.
[01:52:56.000 --> 01:53:01.000]  And it's unreasonable and the courts are not likely to uphold it.
[01:53:01.000 --> 01:53:09.000]  So when you mentioned tacit contract, what were you referring to?
[01:53:09.000 --> 01:53:16.000]  Well, I learned this at least, I mean I didn't learn enough, just kind of a brief introduction,
[01:53:16.000 --> 01:53:28.000]  from the folks that are fighting the electrical meters, the smart meters.
[01:53:28.000 --> 01:53:36.000]  And so what they say is, you know, you have a contract with the electric company,
[01:53:36.000 --> 01:53:45.000]  they come in and they send you a notice, they say we're going to put in this smart meter and blah, blah, blah.
[01:53:45.000 --> 01:53:55.000]  And if you don't say no, then they put it in and they say that's a tacit contract.
[01:53:55.000 --> 01:54:05.000]  It is, it is. But it's only tacit. You can subsequently raise an opposition to it.
[01:54:05.000 --> 01:54:11.000]  Did they also tell you when they put that in that if you didn't use these,
[01:54:11.000 --> 01:54:18.000]  they would charge you a whole bunch more money to send somebody out to read them?
[01:54:18.000 --> 01:54:21.000]  Or did they, when they put these smart meters in,
[01:54:21.000 --> 01:54:29.000]  did they lower your bill to offset the cost of sending somebody out there to read them?
[01:54:29.000 --> 01:54:35.000]  If not, then you could call this a unconscionable tenant in the contract,
[01:54:35.000 --> 01:54:41.000]  because these smart meters have harmful side effects.
[01:54:41.000 --> 01:54:45.000]  You might, if they give you a hard time with smart meters,
[01:54:45.000 --> 01:54:54.000]  just go get you about a 3-D gallon wash tub and hang it over the meter.
[01:54:54.000 --> 01:55:03.000]  When they come out there whining and crying, hey, my property, I'll hang this where I want to.
[01:55:03.000 --> 01:55:09.000]  All right. Let me ask this.
[01:55:09.000 --> 01:55:18.000]  So I've heard you mention before, you know, send a bill to the court, you know, if they waste your time,
[01:55:18.000 --> 01:55:23.000]  they call you in for something and they do something else and they waste your time sending a bill.
[01:55:23.000 --> 01:55:31.000]  So could you send a bill with a tacit claw?
[01:55:31.000 --> 01:55:41.000]  Say, hey, you know, it cost me this much money, this much gas, this much time, la-di-da-di-da-di-da, you know, $250.
[01:55:41.000 --> 01:55:50.000]  And unless you, you know, pay this within 30 days, then I'm going to charge you 10% interest and la-di-da-di-da.
[01:55:50.000 --> 01:55:54.000]  Could you do something like that?
[01:55:54.000 --> 01:56:01.000]  No. This was a common criminal scam for a long time.
[01:56:01.000 --> 01:56:09.000]  I had a friend 30 years ago who made his living by sending bills to various corporations.
[01:56:09.000 --> 01:56:13.000]  He said, never send more than 25 bucks.
[01:56:13.000 --> 01:56:23.000]  25 bucks, if the accountant gets this and he doesn't know what it is, it will cost more than 25 bucks to try to figure out what it is.
[01:56:23.000 --> 01:56:26.000]  So he just paid it.
[01:56:26.000 --> 01:56:36.000]  And if they subsequently found out that this was an improper billing, they had no recourse because they paid it.
[01:56:36.000 --> 01:56:39.000]  All they could do was stop paying it.
[01:56:39.000 --> 01:56:44.000]  That's the way he made his living, just sending out bills.
[01:56:44.000 --> 01:56:48.000]  And they subsequently passed laws against that kind of thing.
[01:56:48.000 --> 01:56:56.000]  So you can't just decide that somebody owes you money and tell them, if you don't do this thing, then you owe me a debt.
[01:56:56.000 --> 01:56:59.000]  No, there has to be a meeting of minds.
[01:56:59.000 --> 01:57:14.000]  There has to be agreement, if only a tacit agreement, there has to be some kind of agreement between the parties before a contract becomes a contract.
[01:57:14.000 --> 01:57:24.000]  Okay. So when you say send them a bill for your time and stuff, that's just kind of a harassment thing.
[01:57:24.000 --> 01:57:29.000]  No, no, no. They ordered you to come to court.
[01:57:29.000 --> 01:57:32.000]  They ordered you to do something.
[01:57:32.000 --> 01:57:34.000]  Then you complied.
[01:57:34.000 --> 01:57:39.000]  And then they acted improperly.
[01:57:39.000 --> 01:57:46.000]  They ordered me to come to court, and then when they order you to come to court, they're bound to be prepared.
[01:57:46.000 --> 01:57:51.000]  Otherwise, you have a right to dismissal or to some other judgment.
[01:57:51.000 --> 01:57:58.000]  So they ordered you to come to court, and you did what they ordered you to do, and then they screwed it up.
[01:57:58.000 --> 01:58:01.000]  They owe you for your time. That's a valid claim.
[01:58:01.000 --> 01:58:05.000]  Yeah, they just asked for the fish at market price.
[01:58:05.000 --> 01:58:12.000]  They should have just said, if you want to come into court, is this okay? Would you agree to come this day?
[01:58:12.000 --> 01:58:14.000]  That would be different.
[01:58:14.000 --> 01:58:18.000]  But when they order you to be there, they have to be ready.
[01:58:18.000 --> 01:58:21.000]  So bill them.
[01:58:21.000 --> 01:58:23.000]  Okay. I see the difference.
[01:58:23.000 --> 01:58:26.000]  Okay. We are out of here.
[01:58:26.000 --> 01:58:32.000]  You weren't talking slow enough.
[01:58:32.000 --> 01:58:34.000]  We'll have to fix that next week.
[01:58:34.000 --> 01:58:36.000]  Okay. Thank you, Jack.
[01:58:36.000 --> 01:58:39.000]  Randy Kelton, Fountain Rule of Law Radio.
[01:58:39.000 --> 01:58:44.000]  We'll be back next week with our regular Thursday and Friday night shows.
[01:58:44.000 --> 01:58:48.000]  Thank you all for listening, and good night.
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