[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 --> 00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.000 --> 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 --> 00:45.000]  Start over with StartPage.
[00:45.000 --> 00:50.500]  Most of us know that taking the Fifth means you're choosing to remain silent about a criminal matter.
[00:50.500 --> 00:55.000]  It's a good way to remember that the Fifth Amendment spells out what can and can't happen to you
[00:55.000 --> 00:57.000]  when you're accused of a criminal offense.
[00:57.000 --> 01:02.000]  The Fifth guarantees due process, prohibits trying someone more than once for the same crime,
[01:02.000 --> 01:04.000]  and lets you keep your mouth shut.
[01:04.000 --> 01:09.000]  The Founding Fathers inserted these constitutional provisions to protect citizens from torture.
[01:09.000 --> 01:13.500]  Back in the day, governments often used painful methods to extract confessions.
[01:13.500 --> 01:18.000]  The Fifth Amendment also prohibits the government from taking your house and land without paying you for it.
[01:18.000 --> 01:20.000]  That used to happen a lot too.
[01:20.000 --> 01:25.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31.000 --> 01:35.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:35.000 --> 01:39.000]  They guarantee the specific freedoms Americans should know and protect.
[01:39.000 --> 01:41.000]  Our liberty depends on it.
[01:41.000 --> 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.
[01:47.000 --> 01:49.000]  Privacy is under attack.
[01:49.000 --> 01:52.000]  When you give up data about yourself, you'll never get it back again.
[01:52.000 --> 01:57.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:57.000 --> 02:02.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:02.000 --> 02:05.000]  Privacy. It's worth hanging on to.
[02:05.000 --> 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 --> 02:15.000]  Start over with StartPage.
[02:15.000 --> 02:19.000]  The number 666 reminds me of evil.
[02:19.000 --> 02:24.000]  I also associate it with the sick feeling one might get when falsely accused of a heinous crime
[02:24.000 --> 02:28.000]  or when thinking about sickos who actually do commit acts of murder and mayhem.
[02:28.000 --> 02:32.000]  Either way, the number 666 can help you remember that the Sixth Amendment
[02:32.000 --> 02:37.000]  deals with the constitutionally guaranteed rights Americans have in a criminal trial.
[02:37.000 --> 02:41.000]  Those include the right to a speedy public trial, the right to an impartial jury,
[02:41.000 --> 02:45.000]  the right to full information about the charges, the right to an attorney,
[02:45.000 --> 02:48.000]  and the right to confront any witnesses face to face.
[02:48.000 --> 02:52.000]  666, sick, sickos, and the Sixth Amendment. Get it?
[02:52.000 --> 03:12.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:22.000 --> 03:27.000]  What are you going to do?
[03:27.000 --> 03:30.000]  Bad boys, bad boys, what are you going to do?
[03:30.000 --> 03:32.000]  What are you going to do when they come for you?
[03:32.000 --> 03:35.000]  Bad boys, bad boys, what are you going to do?
[03:35.000 --> 03:38.000]  What are you going to do when they come for you?
[03:38.000 --> 03:41.000]  When you were eight and you had bad traits,
[03:41.000 --> 03:43.000]  you'd go to school and learn the golden rule.
[03:43.000 --> 03:46.000]  So why are you acting like a bloody fool?
[03:46.000 --> 03:49.000]  If you get hot, then you must get cool.
[03:49.000 --> 03:52.000]  Bad boys, bad boys, what you're going to do?
[03:52.000 --> 03:55.000]  What are you going to do when they come for you?
[03:55.000 --> 03:58.000]  Bad boys, bad boys, what are you going to do?
[03:58.000 --> 04:01.000]  What are you going to do when they come for you?
[04:01.000 --> 04:04.000]  You chuck it on that one, you chuck it on this one.
[04:04.000 --> 04:07.000]  You chuck it on your mother and you chuck it on your father.
[04:07.000 --> 04:10.000]  You chuck it on your brother and you chuck it on your sister.
[04:10.000 --> 04:12.000]  Okay, howdy, howdy.
[04:12.000 --> 04:15.000]  Randy Kelton, Bret Fountain, Wheel of Law Radio.
[04:15.000 --> 04:24.000]  29th of December and Brett just lied to me. He told me it was the 27th. I gotta watch him.
[04:24.000 --> 04:28.000]  No, 2027.
[04:28.000 --> 04:40.000]  29th of December, 2022. And we will be doing an archive tomorrow night. Deborah has some maintenance she wants to do.
[04:40.000 --> 04:45.000]  She needs some time off to do that, so we won't be doing a show tomorrow.
[04:45.000 --> 04:51.000]  And besides, me and the wife, we have something really exciting planned for New Year's.
[04:51.000 --> 04:59.000]  We're going to go out and sit on the front porch and watch the grass not grow.
[04:59.000 --> 05:06.000]  At our age, that's pretty exciting. What do you think, Brett?
[05:06.000 --> 05:08.000]  Am I supposed to guess your age?
[05:08.000 --> 05:17.000]  No, no, no, no. Okay. I did want to talk about something I've been talking about for a while.
[05:17.000 --> 05:32.000]  I have been researching codes, and this is really the first time I've ever done any extensive legislative history on a set of codes.
[05:32.000 --> 05:44.000]  And it's gotten pretty interesting. You know, I've been working on this issue of examining us for a very long time.
[05:44.000 --> 05:49.000]  And I think we're down to the crux of the issue.
[05:49.000 --> 06:02.000]  And last week and the week before, I was talking about 1406, how it has a subordinate clause added to the end of it that it created some issues.
[06:02.000 --> 06:11.000]  And I've been looking through the legislative history. That's not so easy as you would think it would be.
[06:11.000 --> 06:30.000]  You want to tell people what the 1406? 14.06, that is the statute that authorizes a police officer to arrest someone for an on-site offense or for a felony the officer did not personally see or hear.
[06:30.000 --> 06:45.000]  Who had it communicated to him that a felony had been committed and that the person was likely to escape before the officer could secure a warrant, then they're authorized to arrest without a warrant.
[06:45.000 --> 07:05.000]  But what it says is, once the officer makes the arrest, he's to take the person directly to the nearest magistrate. And the duties of magistrates are prescribed in Chapter 16, and that addresses an examining trial.
[07:05.000 --> 07:27.000]  Well, they put in this subordinate clause that said the officer should take them directly to the nearest magistrate or directly to the nearest magistrate, comma, or, comma, they may take the person to any other county in Texas.
[07:27.000 --> 07:49.000]  And the magistrate shall give the warnings. I'm sorry, I didn't say that right. Or, in order to more expeditiously provide the warnings in 15.17, the officer may take the arrested person to any magistrate in Texas.
[07:49.000 --> 07:59.000]  It used to say to magistrate in an adjoining county, and they extended to any magistrate in Texas.
[07:59.000 --> 08:06.000]  But it used to say they must take them directly to the nearest magistrate, and that garbage wasn't in there at all.
[08:06.000 --> 08:20.000]  Somebody put that in there, and it appeared as though it just appeared in the statute in 1974 when West Publishing first published the statutes.
[08:20.000 --> 08:39.000]  But on digging into the legislative history, the first reference I can find to 15.17, which is the statute, these other two, 14.06 and 15.16 reference.
[08:39.000 --> 08:44.000]  14.06 is arrest without a warrant. 15.16 is arrest with a warrant.
[08:44.000 --> 08:57.000]  15.16 has a subparagraph, a paragraph B, that has this in order to more expeditiously provide the warnings, blah, blah, blah.
[08:57.000 --> 09:08.000]  They added that in a separate subparagraph instead of a subordinate clause on the end of the sentence prescribing the statute.
[09:08.000 --> 09:21.000]  It appears to have first occurred in the code in 1960, although I cannot find the legislative history online past 1995.
[09:21.000 --> 09:32.000]  So I'm trying to get the legal library in Austin there at the courthouse or at the Capitol building to look that up for me.
[09:32.000 --> 09:40.000]  I need to see why this was put in there, not just what was put in, but why.
[09:40.000 --> 09:55.000]  I thought maybe it was Miranda, because the warnings in 1517, in order to more expeditiously provide the warnings in 15.17, those warnings are essentially Miranda warnings.
[09:55.000 --> 10:03.000]  You have a right to counsel, you have a right to examining trial, you have a right to bail, all kind of stuff.
[10:03.000 --> 10:05.000]  Your standard rights.
[10:05.000 --> 10:11.000]  So I looked up Miranda, but Miranda wasn't decided until 1990.
[10:11.000 --> 10:16.000]  So this didn't go to Miranda.
[10:16.000 --> 10:28.000]  I'm trying to figure out why some legislators chose to change the legislature and add this in there.
[10:28.000 --> 10:32.000]  You see, there's a problem with it.
[10:32.000 --> 10:40.000]  The language of the statute itself is problematic.
[10:40.000 --> 10:48.000]  Generally, when you read statutes, they are very clear, very easy to understand.
[10:48.000 --> 10:59.000]  And that's because the Statutory Construction Act, Texas Government Code 3.11, 311.
[10:59.000 --> 11:04.000]  It prescribes how statutes will be constructed.
[11:04.000 --> 11:19.000]  The statute must be constructed so that reasonable persons of ordinary prudence on reading the statutes will come to the same conclusions as to the meanings of the statute.
[11:19.000 --> 11:30.000]  If reasonable persons can come to different conclusions, then the verbiage does not meet the requirements of the Statutory Construction Act.
[11:30.000 --> 11:34.000]  Does that make sense, Brett? Did I say that right?
[11:34.000 --> 11:42.000]  Yeah, if it's written in such a way that people can come to differing understandings of what it means,
[11:42.000 --> 11:50.000]  then it's not valid because it needs to be written in a way that communicates the same thing to every reader.
[11:50.000 --> 12:01.000]  And here's the problem we have with it. It says that they must provide the warnings in 15.17.
[12:01.000 --> 12:17.000]  Well, that's problematic because the person making the arrest is commanded to take the person directly to the nearest magistrate.
[12:17.000 --> 12:27.000]  And duties of magistrates. Duties of magistrates are defined in Chapter 16.
[12:27.000 --> 12:37.000]  The first duty of a magistrate is to read the warnings, and it stipulates the warnings they are to read, and they're essentially the same as in 15.17.
[12:37.000 --> 12:45.000]  So that appears to be redundant because they're already commanded to do that.
[12:45.000 --> 12:50.000]  So why did the legislature command them a second time?
[12:50.000 --> 12:59.000]  And it says the magistrate shall immediately give the warnings in 16.17.
[12:59.000 --> 13:20.000]  And what that did was allowed word crafting shyster prosecutors to decide that since this statute ordered the magistrate only to give the warnings in 15.17,
[13:20.000 --> 13:31.000]  that they did not need to hold an examining trial. Problem.
[13:31.000 --> 13:39.000]  They're absolutely commanded by law to hold an examining trial.
[13:39.000 --> 13:54.000]  There's 800 years of case law requiring what most states call a preliminary hearing, and that's what the feds call it, but in Texas they call it an examining trial.
[13:54.000 --> 14:04.000]  We had a case, Heath Boyd, for Texas, and Heath Boyd referenced, had a see also some other cases.
[14:04.000 --> 14:22.000]  So I pulled up those cases, and they had see alsos who took me back to a case in 1785 where someone told the sheriff that this group of guys here have been stealing flour,
[14:22.000 --> 14:33.000]  and they were storing it in this guy's building. So they went to the guy's building, they found the flour, and they arrested all these people, brought them over before the court and prosecuted them.
[14:33.000 --> 14:38.000]  Well, they complained that they were not brought before a magistrate.
[14:38.000 --> 14:53.000]  And the court held that a citizen may not be arrested and brought before the court to answer criminal charges without a preliminary hearing.
[14:53.000 --> 15:03.000]  It says this is a condition that shall not be tolerated for a moment.
[15:03.000 --> 15:07.000]  Texas has been doing that for 40 years.
[15:07.000 --> 15:10.000]  That's exactly what they're doing.
[15:10.000 --> 15:23.000]  They read 1517 to indicate that that was all the magistrates had to do, and they stopped doing all the rest of the stuff.
[15:23.000 --> 15:31.000]  Well, in the warnings, one of them is that you have a right to an examining trial.
[15:31.000 --> 15:34.000]  It's right there in the code.
[15:34.000 --> 15:40.000]  The warnings that are required to give them says examining trial.
[15:40.000 --> 15:53.000]  Now, I've looked at some of the more recent ones. They've taken examining trial out, even though the statute commands it, even though the statute they're using commands it.
[15:53.000 --> 16:03.000]  But some court has ruled that you don't have a right to an examining trial in a misdemeanor.
[16:03.000 --> 16:05.000]  So what?
[16:05.000 --> 16:09.000]  The code said you have a right to an examining trial.
[16:09.000 --> 16:26.000]  If the legislature had meant that you have a right to an examining trial in a felony, they would have said so because the Statutory Construction Act would have commanded it.
[16:26.000 --> 16:31.000]  But they didn't do that. They said examining trial, period.
[16:31.000 --> 16:36.000]  And even in 1517, it said examining trial.
[16:36.000 --> 16:45.000]  And the other issue is you're not given an examining trial because you have a right to one.
[16:45.000 --> 16:53.000]  You're given an examining trial because the statutes command the magistrate to hold an examining trial.
[16:53.000 --> 16:57.000]  That's a statutory prescription.
[16:57.000 --> 17:01.000]  A statutory prescription?
[17:27.000 --> 17:39.000]  We have come to trust Jungevity so much, we became a marketing distributor along with Alex Jones, Ben Fuchs, and many others.
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[18:00.000 --> 18:05.000]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[18:05.000 --> 18:12.000]  Then tune in to logosradionetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk,
[18:12.000 --> 18:17.000]  where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[18:17.000 --> 18:24.000]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.
[18:24.000 --> 18:31.000]  Starting in January, our first hour studies are in the Book of Mark, where we'll go verse by verse and discuss the true Gospel message.
[18:31.000 --> 18:38.000]  Our second hour topical studies will vary each week with discussions on sound doctrine and Christian character development.
[18:38.000 --> 18:43.000]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:43.000 --> 18:50.000]  Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus.
[18:50.000 --> 19:13.000]  So tune in to Scripture Talk live on logosradionetwork.com Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[19:21.000 --> 19:24.000]  Look what we've got.
[19:24.000 --> 19:27.000]  Who we are, it's the Christians.
[19:27.000 --> 19:32.000]  I wonder what I don't have the answers.
[19:32.000 --> 19:34.000]  How can I buy it?
[19:34.000 --> 19:37.000]  Who we are, it's the Christians.
[19:37.000 --> 19:39.000]  Look what we've got.
[19:39.000 --> 19:42.000]  And they don't have the answers.
[19:42.000 --> 19:44.000]  Soap and slip and slide.
[19:44.000 --> 19:48.000]  I don't know the issues, but see, Lord, how they want me to take it easy.
[19:48.000 --> 19:53.000]  They might talk way too politically and then get even more angry.
[19:53.000 --> 19:58.000]  But they're not standing up and fighting for the freedom and the freedom.
[19:58.000 --> 20:04.000]  And they like them love slavery and get handballed for the government's well-being.
[20:04.000 --> 20:07.000]  We are the Christians.
[20:07.000 --> 20:12.000]  I wonder what I don't have the answers.
[20:12.000 --> 20:14.000]  How can I buy it?
[20:14.000 --> 20:17.000]  We are the Christians.
[20:17.000 --> 20:19.000]  Look what we've got.
[20:19.000 --> 20:22.000]  And they don't have the answers.
[20:22.000 --> 20:24.000]  Soap and slip and slide.
[20:24.000 --> 20:28.000]  They don't hear me, they don't hear you, they don't hear me, Lord, they don't hear the country.
[20:28.000 --> 20:33.000]  They don't hear me, they don't hear me, they don't hear you, and they don't hear the country.
[20:33.000 --> 20:38.000]  They don't hear what the Constitution, they don't repeat it in three, they don't give a damn about me.
[20:38.000 --> 20:43.000]  You don't see how this country, how they lead we, they don't lead what you see.
[20:43.000 --> 20:48.000]  Like we're blind and we're crazy, they're leading with the destruction, you see.
[20:48.000 --> 20:53.000]  Nuclear weapon and big gun, they're my point on the country, I don't hear.
[20:53.000 --> 20:58.000]  They don't hear me, they don't hear you, they don't hear me, Lord, they don't hear the country.
[20:58.000 --> 21:03.000]  They don't hear me, they don't hear you, they don't hear me, Lord, they don't hear the country.
[21:03.000 --> 21:08.000]  We are the Christians.
[21:08.000 --> 21:13.000]  They don't have the answer.
[21:13.000 --> 21:18.000]  We are the Christians.
[21:18.000 --> 21:23.000]  Oh, this is awful, this is pitiful.
[21:23.000 --> 21:27.000]  I'm sitting here, I'm doing this show, and I'm just cranking out this good information.
[21:27.000 --> 21:34.000]  I've got this producer, and he didn't tell me I was about to run off the cliff.
[21:34.000 --> 21:38.000]  What the heck is going on?
[21:38.000 --> 21:45.000]  Anyway, I ran off the cliff talking about procedural due process.
[21:45.000 --> 21:48.000]  I don't have a right to be arrested.
[21:48.000 --> 21:51.000]  I don't have a right to be taken to jail.
[21:51.000 --> 21:58.000]  I don't have to have a right to have to put on those funky jail uniforms.
[21:58.000 --> 22:02.000]  But a police officer, if he arrests me, he's required to take me to jail.
[22:02.000 --> 22:05.000]  That goes to procedural due process.
[22:05.000 --> 22:08.000]  You mean take you to a magistrate?
[22:08.000 --> 22:10.000]  Well, to jail.
[22:10.000 --> 22:13.000]  Once he's done the magistrate, they can tell him to take me to jail.
[22:13.000 --> 22:15.000]  The magistrate can.
[22:15.000 --> 22:17.000]  He doesn't have any authorization before that.
[22:17.000 --> 22:18.000]  You're right, you're right.
[22:18.000 --> 22:19.000]  I tripped up there.
[22:19.000 --> 22:20.000]  That's what I've got a producer for.
[22:20.000 --> 22:22.000]  Correct me when I'm wrong.
[22:22.000 --> 22:25.000]  Not to tell me I'm about to run off the cliff.
[22:25.000 --> 22:28.000]  Do I get extra pay if I'm a producer?
[22:28.000 --> 22:32.000]  Yeah, we'll double your pay.
[22:32.000 --> 22:40.000]  Okay, so I don't have a right to an examining trial.
[22:40.000 --> 22:44.000]  The statute commands my public officials to hold an examining trial.
[22:44.000 --> 22:51.000]  It's necessary for the state to accrue subject matter jurisdiction.
[22:51.000 --> 22:54.000]  A magistrate must make a determination of probable cause,
[22:54.000 --> 22:58.000]  then issue an order under 16.17 for that order to the clerk of the court
[22:58.000 --> 23:06.000]  under 17.30 in order to move jurisdiction from the magistrate to the court.
[23:06.000 --> 23:12.000]  The magistrate has jurisdiction to hold an examining trial based on a verified
[23:12.000 --> 23:17.000]  criminal affidavit from a citizen, be he a police officer or anyone but a
[23:17.000 --> 23:23.000]  prosecuting attorney, a prosecuting attorney who would prosecute the case.
[23:23.000 --> 23:26.000]  In Texas, that's the only one that can't file a criminal complaint.
[23:26.000 --> 23:31.000]  A prosecutor can file a complaint, say, in another county or somewhere where
[23:31.000 --> 23:33.000]  he won't prosecute it.
[23:33.000 --> 23:37.000]  But if he's going to be the prosecutor under Kennedy State in order to avoid
[23:37.000 --> 23:43.000]  the obvious evils of the accumulation of power in 81 Office, for the purpose of
[23:43.000 --> 23:49.000]  filing a criminal complaint, a prosecutor is not a credible person.
[23:49.000 --> 23:55.000]  Or actually it says, for the purpose of initiating a criminal prosecution,
[23:55.000 --> 24:00.000]  the prosecutor is not credible, has to do it based upon verified criminal
[24:00.000 --> 24:02.000]  affidavit by a citizen.
[24:02.000 --> 24:04.000]  Okay, we got that part.
[24:04.000 --> 24:06.000]  That also goes for the assistant.
[24:06.000 --> 24:11.000]  You can't have the assistant do it and then another assistant do the
[24:11.000 --> 24:12.000]  prosecution.
[24:12.000 --> 24:13.000]  It's the whole office.
[24:13.000 --> 24:14.000]  Right, the whole office.
[24:14.000 --> 24:18.000]  Prosecutors cannot initiate prosecutions.
[24:18.000 --> 24:22.000]  Because they have a vested interest in the prosecution.
[24:22.000 --> 24:24.000]  Kind of like baritone.
[24:24.000 --> 24:27.000]  Kind of exactly like baritone.
[24:27.000 --> 24:30.000]  So any citizen can file a complaint.
[24:30.000 --> 24:38.000]  Once the complaint is filed, that complaint gives the magistrate subject
[24:38.000 --> 24:42.000]  matter jurisdiction to issue a warrant.
[24:42.000 --> 24:49.000]  And once the warrant gives a police officer subject matter jurisdiction to
[24:49.000 --> 24:55.000]  arrest, or if the officer personally sees or hears the offense being
[24:55.000 --> 25:02.000]  committed, he has statutory jurisdiction to make the arrest.
[25:02.000 --> 25:10.000]  In either case, if he uses his statutory jurisdiction by on-site offense,
[25:10.000 --> 25:13.000]  he's to take them directly to a magistrate.
[25:13.000 --> 25:16.000]  If he arrests someone for a warrant issued by a magistrate,
[25:16.000 --> 25:20.000]  he's to take them to that magistrate.
[25:20.000 --> 25:27.000]  Or in order to more expeditiously provide the warnings in 1517, blah,
[25:27.000 --> 25:29.000]  blah, blah.
[25:29.000 --> 25:31.000]  Okay, he's to take him to that magistrate.
[25:31.000 --> 25:37.000]  And that complaint filed by the witness, be he the arresting officer or be
[25:37.000 --> 25:44.000]  another person that secured a warrant, gives the magistrate jurisdiction to
[25:44.000 --> 25:47.000]  examine into the sufficiency of the allegation.
[25:47.000 --> 25:53.000]  Once he makes a determination that there is sufficient cause, then under
[25:53.000 --> 26:00.000]  16.17, only under Chapter 16 can a magistrate make a determination of
[26:00.000 --> 26:02.000]  probable cause.
[26:02.000 --> 26:07.000]  They're doing this thing they call a magistration now, and the judge, he
[26:07.000 --> 26:11.000]  issues, he sets bail.
[26:11.000 --> 26:13.000]  He gives them the warnings and sets bail.
[26:13.000 --> 26:15.000]  And that's what the statute says he's to do.
[26:15.000 --> 26:17.000]  Wait a minute, wait a minute.
[26:17.000 --> 26:21.000]  There's no provision yet for setting bail.
[26:21.000 --> 26:27.000]  Bail can only be set in Texas after an examining trial.
[26:27.000 --> 26:36.000]  Or in those cases where a bail is statutorily set, like for Class C
[26:36.000 --> 26:44.000]  misdemeanor, the officer can release you on a statutory bail.
[26:44.000 --> 26:47.000]  It's like 500 bucks.
[26:47.000 --> 26:52.000]  And they can also do it for class, for any misdemeanor.
[26:52.000 --> 26:57.000]  There's no provision for the officer to take bail where the bail is
[26:57.000 --> 27:00.000]  prescribed for the specific offenses.
[27:00.000 --> 27:03.000]  And there are certain offenses he can do that with.
[27:03.000 --> 27:06.000]  In that case, the officer can take bail because it's statutorily set.
[27:06.000 --> 27:15.000]  Otherwise, a magistrate can only set bail after an examining trial, after
[27:15.000 --> 27:23.000]  he's made his termination of probable cause under section 16.17.
[27:23.000 --> 27:28.000]  And once he's done, he's exercised his jurisdiction to make that
[27:28.000 --> 27:34.000]  determination, then he's to forward that determination to the clerk of
[27:34.000 --> 27:36.000]  the court of jurisdiction.
[27:36.000 --> 27:44.000]  And that moves jurisdiction from the magistrate to trial court.
[27:44.000 --> 27:50.000]  If you look in the records in Texas, you will find no 1617 order.
[27:50.000 --> 28:00.000]  Having been sealed in an envelope, along with the charging instrument,
[28:00.000 --> 28:05.000]  statements of witnesses, and all other documents shall be sealed up in an
[28:05.000 --> 28:10.000]  envelope with the name of the magistrate written across the seal of the
[28:10.000 --> 28:14.000]  envelope and forwarded to the clerk of the court of jurisdiction.
[28:14.000 --> 28:16.000]  You never seem to have that.
[28:16.000 --> 28:17.000]  Yeah, never seen it.
[28:17.000 --> 28:20.000]  Never seen one of those sealed envelopes.
[28:20.000 --> 28:28.000]  So I'm saying jurisdiction never got transferred to the trial court.
[28:28.000 --> 28:33.000]  And that's a problem with the 1517 nonsense.
[28:33.000 --> 28:40.000]  By presuming that all the magistrate has to do is read them their rights
[28:40.000 --> 28:42.000]  and set bail.
[28:42.000 --> 28:48.000]  Set bail is a problem because the procedures for setting bail are in
[28:48.000 --> 28:53.000]  another chapter, and that chapter is an examining trial.
[28:53.000 --> 28:57.000]  So what we have here is conflicting statutes.
[28:57.000 --> 29:03.000]  If you interpret the statute the way prosecutors have,
[29:03.000 --> 29:08.000]  that has the effect of conflicting with chapter 16.
[29:08.000 --> 29:12.000]  It leaves the corpus juris, the body of law,
[29:12.000 --> 29:17.000]  in a situation where it is not in paramateria with itself.
[29:17.000 --> 29:20.000]  It's not congruent with itself.
[29:20.000 --> 29:22.000]  It contradicts itself.
[29:22.000 --> 29:25.000]  And that violates the Statutory Construction Act.
[29:25.000 --> 29:30.000]  I'm writing a white paper to that effect.
[29:30.000 --> 29:34.000]  I've got all the research almost done, a little bit of statutory history.
[29:34.000 --> 29:37.000]  And we'll have a white paper we can present to our legislators
[29:37.000 --> 29:40.000]  to see if we can get the law changed
[29:40.000 --> 29:44.000]  and maybe eliminate this mass incarceration nonsense.
[29:44.000 --> 29:45.000]  Hang on.
[29:45.000 --> 29:46.000]  I've got the phone lines open.
[29:46.000 --> 29:50.000]  Give us a call, 512-646-1984.
[29:50.000 --> 29:55.000]  After this segment, I will shut up and we'll start taking calls.
[29:55.000 --> 29:56.000]  Hang on.
[29:56.000 --> 30:00.000]  We'll be right back.
[30:00.000 --> 30:04.000]  Businesses ask you for a lot of personal information,
[30:04.000 --> 30:06.000]  and you may trust them to keep it safe.
[30:06.000 --> 30:08.000]  But it turns out that even the most trusted companies
[30:08.000 --> 30:11.000]  may be unwittingly revealing your secrets.
[30:11.000 --> 30:15.000]  I'm Dr. Catherine Albrecht, and I'll be right back with details.
[30:15.000 --> 30:17.000]  Privacy is under attack.
[30:17.000 --> 30:20.000]  When you give up data about yourself, you'll never get it back again.
[30:20.000 --> 30:22.000]  And once your privacy is gone,
[30:22.000 --> 30:25.000]  you'll find your freedoms will start to vanish too.
[30:25.000 --> 30:28.000]  So protect your rights, say no to surveillance,
[30:28.000 --> 30:30.000]  and keep your information to yourself.
[30:30.000 --> 30:33.000]  Privacy, it's worth hanging on to.
[30:33.000 --> 30:36.000]  This public service announcement is brought to you by StartPage.com,
[30:36.000 --> 30:40.000]  the private search engine alternative to Google, Yahoo, and Bing.
[30:40.000 --> 30:44.000]  Start over with StartPage.
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[30:48.000 --> 30:51.000]  explaining how they handle your personal information.
[30:51.000 --> 30:54.000]  But what happens if it escapes their control?
[30:54.000 --> 30:55.000]  It's not an idle question.
[30:55.000 --> 30:59.000]  According to a recent survey, a shocking 90% of U.S. companies
[30:59.000 --> 31:03.000]  admit their security was breached by hackers in the last year.
[31:03.000 --> 31:07.000]  That's one more reason you should trust your searches to StartPage.com.
[31:07.000 --> 31:11.000]  Unlike other search engines, StartPage doesn't store any data on you.
[31:11.000 --> 31:14.000]  They've never been hacked, but even if they were,
[31:14.000 --> 31:16.000]  there would be nothing for criminals to see.
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[31:18.000 --> 31:21.000]  Too bad other companies don't treat your data the same way.
[31:21.000 --> 31:23.000]  I'm Dr. Catherine Albrecht.
[31:23.000 --> 31:43.000]  Use and information at CatherineAlbrecht.com.
[31:43.000 --> 31:58.000]  The official explanation is that fire brought down Building 7.
[31:58.000 --> 32:02.000]  Why it fell, why it matters, and what you can do.
[32:02.000 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.000 --> 32:07.000]  In today's America, we live in an us-against-them society,
[32:07.000 --> 32:09.000]  and if we, the people, are ever going to have a free society,
[32:09.000 --> 32:12.000]  then we're going to have to stand and defend our own rights.
[32:12.000 --> 32:15.000]  Among those rights are the right to travel freely from place to place,
[32:15.000 --> 32:17.000]  the right to act in our own private capacity,
[32:17.000 --> 32:19.000]  and most importantly, the right to due process of law.
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[32:22.000 --> 32:25.000]  to learn how to enforce and preserve our rights through due process.
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[32:28.000 --> 32:31.000]  has put together the most comprehensive teaching tool available
[32:31.000 --> 32:33.000]  that will help you understand what due process is
[32:33.000 --> 32:35.000]  and how to hold the courts to the rule of law.
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[33:24.000 --> 33:26.000]  God bless you, man.
[33:26.000 --> 33:28.000]  Your job is to protect us and serve us.
[33:28.000 --> 33:30.000]  Not beat at a thing.
[33:30.000 --> 33:35.000]  God bless you.
[33:35.000 --> 33:38.000]  When you're gonna stop abuse, you got the power.
[33:38.000 --> 33:44.000]  When you're gonna stop abuse, you got the power.
[33:44.000 --> 33:51.000]  When you're gonna stop abuse, you got the power.
[33:51.000 --> 34:08.620]  Okay, we are back, Randy Kelton, Brett Fountain, River Law Radio, and I'm about to go to callers.
[34:08.620 --> 34:12.420]  We've got one caller on the board, we've got Jerry, but something that Brett and I were
[34:12.420 --> 34:18.560]  talking about on the break, and he suggested I bring this up here, and I think that's a
[34:18.560 --> 34:20.820]  good idea.
[34:20.820 --> 34:25.240]  What I'm putting together with the research that I'm putting together, it amounts to a
[34:25.240 --> 34:27.240]  white paper.
[34:27.240 --> 34:35.560]  If you want your legislator to do something, it's just simply rude to call your legislator
[34:35.560 --> 34:40.800]  and say, I've got this big problem, I need you to fix it.
[34:40.800 --> 34:45.640]  Well, he doesn't have the funding to fix it.
[34:45.640 --> 34:54.160]  He doesn't have the funding to research out all his constituents' issues and put together
[34:54.160 --> 35:01.200]  all the information that would be needed to convince the legislator to change law.
[35:01.200 --> 35:08.200]  So if you want your legislator to do something, you have to do the homework for him.
[35:08.200 --> 35:13.100]  And the homework you do is called a white paper.
[35:13.100 --> 35:16.040]  You have to address everything.
[35:16.040 --> 35:25.740]  You have to address how what you're trying to get the legislator to do will act in relation
[35:25.740 --> 35:35.960]  to other laws, how it will affect the rights of the public, what it will cost.
[35:35.960 --> 35:42.000]  Every effect that legislation can be expected to have, you need to address it and bring
[35:42.000 --> 35:49.120]  it to the legislator so that when the other legislators start asking him questions, he's
[35:49.120 --> 35:56.200]  got answers because they don't really get a budget for this.
[35:56.200 --> 36:02.460]  So they will to some degree, but they're very limited in what they can do because it costs
[36:02.460 --> 36:04.800]  quite a bit to do it.
[36:04.800 --> 36:09.040]  I'm putting together a white paper for my legislators.
[36:09.040 --> 36:15.200]  You know, what I presented in the last two segments, I told Brett when we went to break
[36:15.200 --> 36:19.920]  that I was using all you guys kind of as my crash dummy.
[36:19.920 --> 36:26.840]  I'm practicing the presentation I intend to give to the legislator, legislators.
[36:26.840 --> 36:29.480]  We have Senate subcommittees.
[36:29.480 --> 36:35.880]  I was at the criminal justice Senate subcommittee hearing about four or five years ago when
[36:35.880 --> 36:44.080]  we were trying to get 39.03 official oppression upgraded from a class A misdemeanor to a felony
[36:44.080 --> 36:53.200]  if in the process of committing official oppression, bodily injury was caused.
[36:53.200 --> 37:06.080]  We went down there and there were about a hundred lobbyists there and 15 citizens in
[37:06.080 --> 37:17.000]  a state at the time we had 25 million people changing a penal code that would hold public
[37:17.000 --> 37:19.680]  officials to rule of law.
[37:19.680 --> 37:27.480]  Wow, yeah, a half of a millionth of the people.
[37:27.480 --> 37:34.200]  And when these lobbyists, they get up there, whatever they're going to present, they've
[37:34.200 --> 37:39.440]  already given in writing to the legislators, to the subcommittee members.
[37:39.440 --> 37:44.160]  So the subcommittee members are sitting there picking their fingernails and cleaning their
[37:44.160 --> 37:48.920]  teeth and looking at their cell phone and the guys up there just blabbing away, clearly
[37:48.920 --> 37:51.600]  they're not paying attention.
[37:51.600 --> 37:59.080]  But when a citizen got up, everybody set up and listened.
[37:59.080 --> 38:07.680]  We can have tremendous influence if we go down, look at the bills that are on their
[38:07.680 --> 38:11.280]  dockets and go down there and give our opinion.
[38:11.280 --> 38:16.480]  They don't get a lot of input from their constituents.
[38:16.480 --> 38:23.040]  They want to hear what you have to say and you can have a tremendous influence.
[38:23.040 --> 38:32.080]  So the last three or four, five, six shows, I've been practicing my presentation.
[38:32.080 --> 38:37.160]  So if you're listening and I'm presenting something that doesn't make sense or doesn't
[38:37.160 --> 38:46.400]  fit together, let me know, this is far too important for me to screw up.
[38:46.400 --> 38:52.920]  After 40 years of research, I finally got down to the crux of the problem and I don't
[38:52.920 --> 38:57.860]  want to screw it up just from me not doing a very good job.
[38:57.860 --> 39:03.080]  So don't be bashful about letting me know if I'm not making sense or you think I'm
[39:03.080 --> 39:04.840]  full of BS.
[39:04.840 --> 39:12.360]  I want this so that it leads to a good outcome.
[39:12.360 --> 39:13.360]  Okay.
[39:13.360 --> 39:17.720]  With that said, I'm going to go to Jerry in Pennsylvania.
[39:17.720 --> 39:21.200]  Jerry, what have you been up to?
[39:21.200 --> 39:23.000]  Hi, Randy.
[39:23.000 --> 39:24.000]  Yeah.
[39:24.000 --> 39:31.720]  On this judgment here that I got back, I was wondering how I get the writ of execution.
[39:31.720 --> 39:38.240]  Do I go over to the court from the courts in the US District Court?
[39:38.240 --> 39:42.120]  A writ of execution.
[39:42.120 --> 39:44.880]  So did you get a ruling in your favor?
[39:44.880 --> 39:45.880]  Yeah.
[39:45.880 --> 39:46.880]  I got that judgment.
[39:46.880 --> 39:47.880]  Okay.
[39:47.880 --> 39:53.280]  I got that judgment that time and I can't accomplish it.
[39:53.280 --> 40:01.960]  But the thing was just like, I know where to get an execution from, you know, like the
[40:01.960 --> 40:08.120]  city, because I was doing an eviction, but I don't quite know where to put the court
[40:08.120 --> 40:10.120]  in the federal court.
[40:10.120 --> 40:11.120]  Same thing.
[40:11.120 --> 40:13.920]  You just filed a motion with the court.
[40:13.920 --> 40:21.440]  We had a guy in Fort Worth, a lawyer who was having a little beef with the IRS and he won
[40:21.440 --> 40:25.720]  a judgment in his favor for $6,000.
[40:25.720 --> 40:31.000]  The IRS told him, yeah, you got it, go scratch.
[40:31.000 --> 40:36.360]  So he went to the court and asked the court for an order of execution.
[40:36.360 --> 40:42.680]  He asked the court to order the sheriff to go down to the IRS office and execute the
[40:42.680 --> 40:45.240]  claim.
[40:45.240 --> 40:50.560]  The sheriff went down to the IRS's office and started carrying their furniture out the
[40:50.560 --> 40:53.520]  front door.
[40:53.520 --> 40:55.320]  They got him a check really quick.
[40:55.320 --> 41:03.160]  Sorry, you just asked the court to order the sheriff to go down and execute it.
[41:03.160 --> 41:08.480]  So take his judgment order over to the sheriff's office, like I used to do with-
[41:08.480 --> 41:10.480]  No, no, no.
[41:10.480 --> 41:11.480]  You have to-
[41:11.480 --> 41:12.480]  Back to the judge.
[41:12.480 --> 41:21.900]  You take it back to the judge and ask him to order the sheriff to go seize enough property
[41:21.900 --> 41:29.360]  from whoever you have the judgment against to settle your judgment.
[41:29.360 --> 41:36.160]  That's what a foreclosure is.
[41:36.160 --> 41:41.920]  In a foreclosure, if you're in a deed of trust state, you have a confessed judgment.
[41:41.920 --> 41:48.840]  So they ask the court to issue an order to execute the judgment.
[41:48.840 --> 41:51.400]  That's what foreclosure is.
[41:51.400 --> 42:01.500]  So they owe you a debt and you come to the court to foreclose on the debt.
[42:01.500 --> 42:09.140]  You tell the court what property they have and ask the court to take that property and
[42:09.140 --> 42:14.680]  if it's of a value greater than what you're owed, to sell that property on the courthouse
[42:14.680 --> 42:21.080]  steps and give you your money and give the rest of it back to them.
[42:21.080 --> 42:27.520]  So this order came down from the circuit court, so I got to go upstairs to the circuit court
[42:27.520 --> 42:32.280]  and see the clerk of court there, right?
[42:32.280 --> 42:39.120]  No, you produce a judgment order and file that with the court.
[42:39.120 --> 42:42.320]  That's the clerk asking the judge to issue the order.
[42:42.320 --> 42:46.520]  Oh, it's something like a motion.
[42:46.520 --> 42:51.240]  Yeah, yeah, it is a motion, it's exactly a motion.
[42:51.240 --> 42:54.200]  You propose an order along with it.
[42:54.200 --> 43:01.760]  I got this judgment for this amount of money and I have looked into the assets of the debt
[43:01.760 --> 43:09.760]  tort and they have assets and a value either equal to or greater than the amount owed to
[43:09.760 --> 43:17.560]  me and asked for an order to seize those assets, ask the sheriff to seize them and auction
[43:17.560 --> 43:25.240]  them off on the courthouse steps and pay your judgment and give the rest of it back to them.
[43:25.240 --> 43:26.240]  That's how it's done.
[43:26.240 --> 43:37.600]  How would I title that though, would I title it like a movement for a motion?
[43:37.600 --> 43:40.080]  Just be like a motion for a writ of execution.
[43:40.080 --> 43:46.080]  Exactly, that's exactly, I was just about to say that, I really was.
[43:46.080 --> 43:49.080]  That's exactly what it would be.
[43:49.080 --> 43:52.240]  Okay, hang on Jerry, we'll be right back.
[43:52.240 --> 43:59.720]  This is Randy Kelton, Brett Fountain, Wheel of Life Radio, and I'll see you back.
[43:59.720 --> 44:00.720]  I love logos.
[44:00.720 --> 44:04.000]  Without the shows on this network, I'd be almost as ignorant as my friends.
[44:04.000 --> 44:06.920]  I'm so addicted to the truth now that there's no going back.
[44:06.920 --> 44:07.920]  I need my truth pick.
[44:07.920 --> 44:12.800]  I'd be lost without logos and I really want to help keep this network on the air.
[44:12.800 --> 44:16.560]  I'd love to volunteer as a show producer but I'm a bit of a Luddite and I really don't
[44:16.560 --> 44:19.920]  have any money to give because I spent it all on supplements.
[44:19.920 --> 44:21.400]  How can I help logos?
[44:21.400 --> 44:23.160]  Well, I'm glad you asked.
[44:23.160 --> 44:27.920]  Whenever you order anything from Amazon, you can help logos by ordering your supplies or
[44:27.920 --> 44:28.920]  holiday gifts.
[44:28.920 --> 44:30.960]  First thing you do is clear your cookies.
[44:30.960 --> 44:37.360]  Now go to logosradionetwork.com, click on the Amazon logo and bookmark it.
[44:37.360 --> 44:43.000]  Now when you order anything from Amazon, you use that link and logos gets a few pesos.
[44:43.000 --> 44:44.000]  Do I pay extra?
[44:44.000 --> 44:45.000]  No.
[44:45.000 --> 44:46.600]  Do you have to do anything different when I order?
[44:46.600 --> 44:47.600]  No.
[44:47.600 --> 44:48.600]  Can I use my Amazon Prime?
[44:48.600 --> 44:49.600]  No.
[44:49.600 --> 44:50.600]  I mean yes.
[44:50.600 --> 44:51.600]  Wow.
[44:51.600 --> 44:55.440]  Giving without doing anything or spending any money, this is perfect.
[44:55.440 --> 44:56.440]  Thank you so much.
[44:56.440 --> 44:57.440]  We are welcome.
[44:57.440 --> 44:58.440]  Happy holidays, logos.
[44:58.440 --> 45:03.960]  Are you the plaintiff or defendant in a lawsuit?
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[46:14.080 --> 46:37.480]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio and we're talking to Jerry
[46:37.480 --> 46:39.280]  in Pennsylvania.
[46:39.280 --> 46:47.200]  Jerry, this judgment you received, have you addressed that on the air?
[46:47.200 --> 46:49.200]  I don't remember a judgment.
[46:49.200 --> 46:52.000]  Yeah, I sent it to you.
[46:52.000 --> 46:54.120]  I was the one that you missed it a couple of times.
[46:54.120 --> 46:58.120]  I tried to send it, tried to send it and then I finally put it in a packet and they mailed
[46:58.120 --> 47:00.440]  it to your mailbox there and...
[47:00.440 --> 47:11.920]  Was that on the...I thought that was the ruling from the appellate court, remanding the case.
[47:11.920 --> 47:12.920]  Was there also a judgment?
[47:12.920 --> 47:15.400]  What was the nature of the judgment?
[47:15.400 --> 47:18.160]  For the grass vote.
[47:18.160 --> 47:19.400]  Yeah.
[47:19.400 --> 47:21.600]  What judgment did you get?
[47:21.600 --> 47:30.280]  It just has judgment on it.
[47:30.280 --> 47:33.040]  Wait a minute.
[47:33.040 --> 47:36.040]  Did they award you something?
[47:36.040 --> 47:47.320]  No, it just says on here, this cause came to be considered on record from the United States
[47:47.320 --> 47:48.320]  District Court.
[47:48.320 --> 47:49.320]  That's why I'm here.
[47:49.320 --> 47:50.320]  Oh, wait a minute.
[47:50.320 --> 47:55.320]  I think you're misinterpreting what that is.
[47:55.320 --> 47:58.920]  Oh, it's not a judgment.
[47:58.920 --> 48:06.880]  In the THAAD, a order is not complete by itself.
[48:06.880 --> 48:10.160]  There must be an order and a judgment.
[48:10.160 --> 48:15.460]  The judgment is what the courts ruled.
[48:15.460 --> 48:21.960]  They call it a judgment, but it's not granting you a claim.
[48:21.960 --> 48:29.920]  It is findings of fact and conclusions at law, so it doesn't award you anything.
[48:29.920 --> 48:32.360]  So it has to say award on it then?
[48:32.360 --> 48:38.520]  Yes, it has to award you some sort of damages.
[48:38.520 --> 48:44.840]  Not for what I asked for, or if they did what I asked for, that would be written right on
[48:44.840 --> 48:50.080]  that paper that they filed that they sent back to me, right?
[48:50.080 --> 48:51.080]  Yes, it would.
[48:51.080 --> 48:55.800]  It would be listed as something you were awarded.
[48:55.800 --> 49:00.480]  There's something that I asked for in the suit.
[49:00.480 --> 49:02.560]  Yes, exactly.
[49:02.560 --> 49:09.360]  It would have to be something you had asked for, or they can give you more than you asked
[49:09.360 --> 49:12.080]  for or less than you asked for.
[49:12.080 --> 49:19.020]  But if you don't ask for anything, they can't give you anything.
[49:19.020 --> 49:21.360]  Someone contacted me.
[49:21.360 --> 49:27.600]  They had been sued by a debt collector, and I read the suit.
[49:27.600 --> 49:33.200]  The lawyers called them a no-good, rotten, worthless deadbeat, and they said all kinds
[49:33.200 --> 49:37.240]  of nasty stuff about them, and I read the whole suit, and he said, what do you think?
[49:37.240 --> 49:42.640]  I said, well, they don't have a prayer, and he said, why not?
[49:42.640 --> 49:43.640]  I said, I don't know.
[49:43.640 --> 49:44.640]  They don't have one.
[49:44.640 --> 49:46.640]  Did they put one in?
[49:46.640 --> 49:54.040]  Imagine, without a prayer, the prayer is where you ask them for something.
[49:54.040 --> 50:03.800]  If you don't ask the court to do something, the court has no power to give you some remedy.
[50:03.800 --> 50:06.400]  You have to ask for remedy.
[50:06.400 --> 50:11.920]  Once you ask, they can give you more than you asked for or less than you asked for,
[50:11.920 --> 50:16.640]  whatever they believe is just and fair.
[50:16.640 --> 50:21.720]  But if you don't ask, if you don't have a prayer in there, you don't have a prayer
[50:21.720 --> 50:22.720]  winning.
[50:22.720 --> 50:30.280]  So, okay, that goes to the judgment.
[50:30.280 --> 50:37.600]  But this is a little bit confusing in terminology because in every federal court ruling, there
[50:37.600 --> 50:44.080]  must be an order and a judgment, judgment in this case does not mean they're granting
[50:44.080 --> 50:45.080]  you something.
[50:45.080 --> 50:50.640]  Judgment in this case is how they adjudicated the case.
[50:50.640 --> 50:54.480]  Why they ruled the way they did.
[50:54.480 --> 50:58.920]  So is there anything I could do with this now or is it pretty well done?
[50:58.920 --> 51:01.160]  It's pretty well done.
[51:01.160 --> 51:06.800]  Now you could go back and sue them monetarily.
[51:06.800 --> 51:12.280]  Now that they acted wrongfully is res judicata.
[51:12.280 --> 51:14.280]  That's already been determined.
[51:14.280 --> 51:19.480]  Okay, so it's already been determined.
[51:19.480 --> 51:26.800]  So now I can sue them this time again for money.
[51:26.800 --> 51:28.800]  Exactly.
[51:28.800 --> 51:37.960]  Now do I go back and sue them again in official capacity or personal?
[51:37.960 --> 51:40.280]  I would have to look at the suit.
[51:40.280 --> 51:48.940]  I'm saying personal because criminal trespass is not within scope.
[51:48.940 --> 51:54.280]  You now have the ruling that they committed criminal trespass.
[51:54.280 --> 51:58.960]  That opens the door for a private capacity suit.
[51:58.960 --> 52:12.240]  Right, so if they were in their official capacity and entered a property without a warrant,
[52:12.240 --> 52:17.880]  they gave up the official capacity and became personal in the property.
[52:17.880 --> 52:23.400]  The term is trespass ab initio.
[52:23.400 --> 52:30.960]  They committed trespass ab initio from the beginning and all their acts are defeated.
[52:30.960 --> 52:39.560]  If they came onto your property legally, let's say you have a fence with no gate or a fence
[52:39.560 --> 52:45.920]  with a gate with no lock and a sidewalk up to your front door, in America, that is an
[52:45.920 --> 52:51.120]  invitation to come up and knock on the front door because that's how people visit you
[52:51.120 --> 52:53.840]  and how they let you know you're there.
[52:53.840 --> 53:01.560]  They're there, but if you have a no trespass sign, then if they step past that no trespass
[53:01.560 --> 53:11.480]  sign, they can't do that in their official capacity unless they have a warrant.
[53:11.480 --> 53:18.680]  And that's what the court ruled for you, that they illegally trespassed on your property.
[53:18.680 --> 53:31.760]  Now, so far as I know, you cannot be indemnified by a jurisdiction for committing crimes because
[53:31.760 --> 53:37.640]  every public official has to swear to an oath that they will uphold the laws and protect
[53:37.640 --> 53:40.160]  the constitution.
[53:40.160 --> 53:46.840]  If they violated a law, they have repudiated their contract and that act would not be within
[53:46.840 --> 53:55.360]  scope and the times you can sue them in their personal capacity is when they act outside
[53:55.360 --> 53:56.360]  of scope.
[53:56.360 --> 54:06.360]  A controlling case in Texas, a jailer sent to the El Paso, city of El Paso jail, picked
[54:06.360 --> 54:10.920]  up this 19-year-old girl, brought her back to the county jail and decided to have a little
[54:10.920 --> 54:15.080]  recreation on the way and raped her.
[54:15.080 --> 54:22.800]  He was prosecuted and then sued and he claimed qualified immunity because he was acting in
[54:22.800 --> 54:26.120]  the capacity of a jailer at the time.
[54:26.120 --> 54:31.760]  And the court ruled that rape is not within scope.
[54:31.760 --> 54:35.800]  Who knew?
[54:35.800 --> 54:40.420]  Criminal trespass is not within scope.
[54:40.420 --> 54:43.080]  So you have that as a ruling.
[54:43.080 --> 54:49.160]  You have it ruled in a federal court that these people committed criminal trespass.
[54:49.160 --> 54:55.160]  That is not something that can be argued in a state court or in another federal court.
[54:55.160 --> 54:58.000]  That is a done deal.
[54:58.000 --> 54:59.000]  That is res judicata.
[54:59.000 --> 55:03.080]  That's exactly what res judicata means.
[55:03.080 --> 55:07.400]  Already been adjudicated, another court cannot revisit that.
[55:07.400 --> 55:11.440]  It is subject to collateral estoppel.
[55:11.440 --> 55:17.720]  All other courts are collateral estopped from revisiting that particular issue because it
[55:17.720 --> 55:19.440]  was adjudicated.
[55:19.440 --> 55:29.640]  Now you file a claim for damages alleging that the suing, and you must state it this
[55:29.640 --> 55:37.400]  way, what keeps you in court is not what you can prove.
[55:37.400 --> 55:44.880]  What gets you past a 12B6 or motion to dismiss for failure to state a claim is not what you
[55:44.880 --> 55:52.180]  can prove, but it goes to the nature of the claim that you make.
[55:52.180 --> 56:00.760]  In considering the sufficiency of the pleading, the court must accept all of your statements
[56:00.760 --> 56:02.720]  as true.
[56:02.720 --> 56:10.360]  Now that's limited to this particular purpose, for the purpose of determining the sufficiency
[56:10.360 --> 56:12.120]  of the pleading.
[56:12.120 --> 56:21.720]  If you filed an action and claimed that the person was acting outside of scope, then the
[56:21.720 --> 56:29.840]  court must accept all the facts that you stated as true and then determine if all of the facts
[56:29.840 --> 56:38.480]  stated were in fact true, would the accused have a claim?
[56:38.480 --> 56:43.480]  That's what a 12B6 goes to, a 12B6 is motion to dismiss for failure to state a claim.
[56:43.480 --> 56:49.120]  Oh, he did this, he did that, he did the other, and the court looks at it and says okay, assuming
[56:49.120 --> 56:59.060]  he did do this, that, and the other, would that amount to the claim that the filer made
[56:59.060 --> 57:07.160]  if they can, if in that case, the filer would have a claim, then they stay in court.
[57:07.160 --> 57:15.160]  If they say, oh you know, if you say this guy untied my shoelaces and he got mud on
[57:15.160 --> 57:23.080]  my shoes and I want him charged with assault, and the courts would say even if all of those
[57:23.080 --> 57:27.480]  facts were true, it wouldn't amount to assault, so he doesn't have a claim.
[57:27.480 --> 57:29.920]  Am I making sense, Jerry?
[57:29.920 --> 57:32.120]  Yeah, yeah, yeah.
[57:32.120 --> 57:36.440]  How would I title this then?
[57:36.440 --> 57:37.440]  Would that-
[57:37.440 --> 57:43.760]  Oh, this is suit for damages, suit for trespass, and you claim that the-
[57:43.760 --> 57:52.640]  So I am suing for criminal trespass, and the cause of action would be-
[57:52.640 --> 57:53.640]  Trespass.
[57:53.640 --> 57:54.640]  Personally.
[57:54.640 --> 57:59.320]  Did they step on any of your weeds?
[57:59.320 --> 58:03.000]  Yeah, they stepped on-
[58:03.000 --> 58:14.120]  Actually, they denied you the Fourth Amendment, they denied you right to privacy of your property.
[58:14.120 --> 58:18.720]  I'd have to look up exactly what the cause of action would be in that case, it's not
[58:18.720 --> 58:24.840]  something I'm prepared to shoot for, so look up a cause of action for criminal trespass.
[58:24.840 --> 58:25.840]  Oh, okay.
[58:25.840 --> 58:26.840]  I can look that up.
[58:26.840 --> 58:27.840]  Okay.
[58:27.840 --> 58:28.840]  That'll work.
[58:28.840 --> 58:29.840]  Do you have anything else for us?
[58:29.840 --> 58:38.840]  Oh, I've got something back on this misconduct and disability.
[58:38.840 --> 58:45.320]  Okay, hang on, hang on, we're about to go to our sponsors, Randy Kelton, Brett Fountain,
[58:45.320 --> 58:49.960]  Wheel of Law Radio, we'll be right back.
[58:49.960 --> 58:55.360]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.360 --> 58:58.160]  because they struggle to understand it.
[58:58.160 --> 59:03.560]  Some new translations try to help by simplifying the text, but in the process can compromise
[59:03.560 --> 59:06.840]  the profound meaning of the scripture.
[59:06.840 --> 59:08.680]  Enter the recovery version.
[59:08.680 --> 59:14.520]  First, this new translation is extremely faithful and accurate, but the real story is the more
[59:14.520 --> 59:18.280]  than 9,000 explanatory footnotes.
[59:18.280 --> 59:23.280]  Difficult and profound passages are opened up in a marvelous way, providing an entrance
[59:23.280 --> 59:28.000]  into the riches of the word beyond which you've ever experienced before.
[59:28.000 --> 59:33.120]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.120 --> 59:43.560]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:43.560 --> 59:47.600]  or by ordering online at freestudybible.com.
[59:47.600 --> 59:48.600]  That's freestudybible.com.
[59:48.600 --> 01:00:01.440]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:01.440 --> 01:00:05.680]  The Bill of Rights contains the first ten amendments of our Constitution that guarantee
[01:00:05.680 --> 01:00:08.880]  the specific freedoms Americans should know and protect.
[01:00:08.880 --> 01:00:10.240]  Our liberty depends on it.
[01:00:10.240 --> 01:00:14.200]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:00:14.200 --> 01:00:17.360]  one of your constitutional rights.
[01:00:17.360 --> 01:00:18.960]  Privacy is under attack.
[01:00:18.960 --> 01:00:22.560]  When you give up data about yourself, you'll never get it back again.
[01:00:22.560 --> 01:00:27.320]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.320 --> 01:00:32.480]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.480 --> 01:00:35.080]  Privacy, it's worth hanging on to.
[01:00:35.080 --> 01:00:39.400]  This public service announcement is brought to you by Startpage.com, the private search
[01:00:39.400 --> 01:00:42.920]  engine alternative to Google, Yahoo, and Bing.
[01:00:42.920 --> 01:00:46.000]  Start over with Startpage.
[01:00:46.000 --> 01:00:49.720]  Most people think of seven as a more civilized number than six.
[01:00:49.720 --> 01:00:54.440]  Think about the number six as implicated in evil, as in the biblical 666.
[01:00:54.440 --> 01:00:58.600]  So it would fill right in that the Seventh Amendment would be about civil trials.
[01:00:58.600 --> 01:01:01.040]  Civil seven, civil trials, get it?
[01:01:01.040 --> 01:01:05.240]  Civil trials are ones where people sue instead of beating each other up over a dispute, like
[01:01:05.240 --> 01:01:07.320]  the dividing line between properties.
[01:01:07.320 --> 01:01:11.840]  They take their dispute to a courthouse and settle matters civilly without the fisticuffs.
[01:01:11.840 --> 01:01:15.920]  The Seventh Amendment guarantees that Americans have the right to a jury in certain civil
[01:01:15.920 --> 01:01:19.360]  matters instead of having a lone judge rule on the case.
[01:01:19.360 --> 01:01:21.080]  I'm Dr. Catherine Albrecht.
[01:01:21.080 --> 01:01:31.880]  More news and information at CatherineAlbrecht.com.
[01:01:31.880 --> 01:01:35.640]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.640 --> 01:01:39.320]  They guarantee the specific freedoms Americans should know and protect.
[01:01:39.320 --> 01:01:40.720]  Our liberty depends on it.
[01:01:40.720 --> 01:01:44.660]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:01:44.660 --> 01:01:47.760]  one of your constitutional rights.
[01:01:47.760 --> 01:01:49.360]  Privacy is under attack.
[01:01:49.360 --> 01:01:52.960]  When you give up data about yourself, you'll never get it back again.
[01:01:52.960 --> 01:01:57.760]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:01:57.760 --> 01:02:02.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:02:02.800 --> 01:02:05.520]  Privacy, it's worth hanging on to.
[01:02:05.520 --> 01:02:09.820]  This public service announcement is brought to you by StartPage.com, the private search
[01:02:09.820 --> 01:02:13.360]  engine alternative to Google, Yahoo, and Bing.
[01:02:13.360 --> 01:02:15.160]  Start over with StartPage.
[01:02:15.160 --> 01:02:21.200]  Remember the scene in George Orwell's novel, 1984, when Winston is threatened with his
[01:02:21.200 --> 01:02:22.200]  worst fear?
[01:02:22.200 --> 01:02:26.000]  That fear was having a cage of hungry rats unleashed on his face.
[01:02:26.000 --> 01:02:30.080]  But what if his worst fear was spiders, eight-legged spiders, to be exact?
[01:02:30.080 --> 01:02:33.840]  Getting a face full of spiders would be pretty cruel and unusual.
[01:02:33.840 --> 01:02:37.560]  This image of eight-legged spiders will help you remember the Eighth Amendment.
[01:02:37.560 --> 01:02:41.880]  Our founding fathers added the Eighth Amendment to the U.S. Constitution to protect us from
[01:02:41.880 --> 01:02:46.520]  creepy-crawly eight-legged punishments and other cruel and unusual prison practices that
[01:02:46.520 --> 01:02:48.120]  were common in their day.
[01:02:48.120 --> 01:02:52.440]  The Eighth Amendment also prohibits the government from requiring excessive bail and charging
[01:02:52.440 --> 01:02:53.440]  excessive fines.
[01:02:53.440 --> 01:02:55.440]  I'm Dr. Catherine Albrecht.
[01:02:55.440 --> 01:03:05.440]  More news and information at CatherineAlbrecht.com.
[01:03:55.440 --> 01:04:09.200]  Okay.
[01:04:09.200 --> 01:04:10.200]  We are back.
[01:04:10.200 --> 01:04:18.880]  Randy Kelton, Brett Fountain, Rule of Law Radio on this Thursday, the 29th day of December
[01:04:18.880 --> 01:04:20.840]  2022.
[01:04:20.840 --> 01:04:24.000]  And we will not be here tomorrow.
[01:04:24.000 --> 01:04:29.320]  Deborah wants to bring the system down to do some long-overdue maintenance.
[01:04:29.320 --> 01:04:35.720]  Right now, I understand that we're running on a rather flaky hard drive at the moment.
[01:04:35.720 --> 01:04:37.680]  But we're getting past it.
[01:04:37.680 --> 01:04:40.200]  So she wants to shut down and do some maintenance.
[01:04:40.200 --> 01:04:42.920]  So we'll get tomorrow night off.
[01:04:42.920 --> 01:04:44.320]  Okay.
[01:04:44.320 --> 01:04:46.920]  We were talking to Jerry in Pennsylvania.
[01:04:46.920 --> 01:04:49.800]  Jerry, did we have something else for you?
[01:04:49.800 --> 01:04:50.800]  Oh, yeah.
[01:04:50.800 --> 01:05:01.880]  You know how them judicial misconduct, disability complaints, you file a lot of them.
[01:05:01.880 --> 01:05:06.520]  In the thing here, about down the middle of the page, after all the headings and stuff
[01:05:06.520 --> 01:05:09.880]  and numbers, they put an order in there.
[01:05:09.880 --> 01:05:15.040]  And then they go on down further down the page and say, complaint was filed and all
[01:05:15.040 --> 01:05:16.040]  this.
[01:05:16.040 --> 01:05:19.160]  And it's now being dismissed for the above matter.
[01:05:19.160 --> 01:05:25.080]  Now, this one here I got a couple of weeks ago.
[01:05:25.080 --> 01:05:31.960]  This one here says order and then right behind it says to show cause.
[01:05:31.960 --> 01:05:35.760]  What do you think that means?
[01:05:35.760 --> 01:05:36.760]  Okay.
[01:05:36.760 --> 01:05:42.880]  What is the nature of the claim?
[01:05:42.880 --> 01:05:44.160]  That's a show cause hearing.
[01:05:44.160 --> 01:05:51.400]  You've asked for something and now they want the other side to, they want you and the other
[01:05:51.400 --> 01:05:57.880]  side to come in and prove up your right to have that.
[01:05:57.880 --> 01:06:05.520]  Well, this is a misconduct, disability complaint on a judge.
[01:06:05.520 --> 01:06:15.560]  Well, they want you to show what the claim you have against the judge is that supports
[01:06:15.560 --> 01:06:18.640]  the disability allegation.
[01:06:18.640 --> 01:06:24.400]  They're just asking for facts in support.
[01:06:24.400 --> 01:06:33.600]  Yeah, it comes down here and says, complaint to show cause in writing, why we should be
[01:06:33.600 --> 01:06:35.080]  something under 10.
[01:06:35.080 --> 01:06:38.240]  It looks that way, but I wasn't too sure.
[01:06:38.240 --> 01:06:42.000]  But what I did is I thought, well, I'll go ahead and write it up.
[01:06:42.000 --> 01:06:47.720]  And what I did is I mailed it right before Christmas, but I thought, well, I'll get it
[01:06:47.720 --> 01:06:48.720]  in and see what happens.
[01:06:48.720 --> 01:06:53.760]  And then maybe I'll talk to you during January or something.
[01:06:53.760 --> 01:07:01.400]  But was that a good idea then to write it up and explain to them what I had against
[01:07:01.400 --> 01:07:02.400]  this judge?
[01:07:02.400 --> 01:07:03.400]  Oh, absolutely.
[01:07:03.400 --> 01:07:10.400]  The feds are better than the state because the feds tend to pay more attention to complaints
[01:07:10.400 --> 01:07:12.480]  against judges.
[01:07:12.480 --> 01:07:14.960]  So they've asked for a show cause hearing.
[01:07:14.960 --> 01:07:17.000]  They didn't just blow it off.
[01:07:17.000 --> 01:07:20.240]  Oh, well, they've been blowing me off.
[01:07:20.240 --> 01:07:22.520]  There have been some of these other ones.
[01:07:22.520 --> 01:07:26.000]  And then when I seen that, they said, order to show cause.
[01:07:26.000 --> 01:07:33.000]  And I'm thinking, maybe because this thing did, in my opinion, screw up.
[01:07:33.000 --> 01:07:40.480]  What it was is I filed a thing for a declaratory judgment.
[01:07:40.480 --> 01:07:45.440]  He sent this thing over to the attorney general, and the attorney general gave some little
[01:07:45.440 --> 01:07:47.840]  lawyer over there to handle it.
[01:07:47.840 --> 01:07:53.000]  So a little lawyer, he got together with a whole bunch of other lawyers and stuff, and
[01:07:53.000 --> 01:07:54.800]  they typed up things in the back.
[01:07:54.800 --> 01:07:58.560]  And I said, no, it's not acceptable to me.
[01:07:58.560 --> 01:08:06.280]  So in the meantime, I wrote up a complaint on the judge.
[01:08:06.280 --> 01:08:11.520]  And I just simply put in a complaint that this is the declaratory judgment.
[01:08:11.520 --> 01:08:16.960]  You shouldn't have sent it over to an attorney to adjudicate it.
[01:08:16.960 --> 01:08:23.120]  So then when they sent me this back and said to show just cause, I went in a little more
[01:08:23.120 --> 01:08:29.680]  deeply on it, because it'll tell you right there that this judge can be pretty lenient
[01:08:29.680 --> 01:08:31.680]  on them declaratory judgments.
[01:08:31.680 --> 01:08:37.920]  He can even ask for a jury trial and get everybody in a court room for a declaratory judgment.
[01:08:37.920 --> 01:08:38.920]  Right?
[01:08:38.920 --> 01:08:45.760]  No, I'm not sure what that meant.
[01:08:45.760 --> 01:08:48.120]  What did the judge not do?
[01:08:48.120 --> 01:08:53.360]  He didn't give me a declaratory judgment.
[01:08:53.360 --> 01:08:55.920]  Did he deny it out of hand?
[01:08:55.920 --> 01:08:57.280]  He didn't deny it.
[01:08:57.280 --> 01:09:07.200]  He sent it over to an attorney at the attorney general's office.
[01:09:07.200 --> 01:09:11.440]  And what did the attorney at the attorney general's office do?
[01:09:11.440 --> 01:09:19.720]  He handed it like a regular suit, if he's supposed to.
[01:09:19.720 --> 01:09:20.720]  Okay.
[01:09:20.720 --> 01:09:21.720]  Now I'm understanding.
[01:09:21.720 --> 01:09:28.880]  He treated the petition for declaratory judgment as if it was a suit against the state or the
[01:09:28.880 --> 01:09:29.880]  fed.
[01:09:29.880 --> 01:09:30.880]  Yeah.
[01:09:30.880 --> 01:09:33.200]  It was just a post-op, actually.
[01:09:33.200 --> 01:09:34.200]  Oh.
[01:09:34.200 --> 01:09:35.200]  Then he misunderstood.
[01:09:35.200 --> 01:09:37.880]  And I find this common with declaratory judgment.
[01:09:37.880 --> 01:09:50.720]  They mis- Randy, did you just go mute?
[01:09:50.720 --> 01:09:53.680]  Did your cheek bump something there?
[01:09:53.680 --> 01:09:54.680]  Yeah.
[01:09:54.680 --> 01:09:56.240]  There we go.
[01:09:56.240 --> 01:09:57.240]  I'm sorry.
[01:09:57.240 --> 01:10:00.520]  All right.
[01:10:00.520 --> 01:10:07.040]  Was there a... When you asked for declaratory judgment, was there a respondent?
[01:10:07.040 --> 01:10:11.680]  Was there a party who had an interest?
[01:10:11.680 --> 01:10:20.000]  What was the nature of the declaration you were asking for?
[01:10:20.000 --> 01:10:26.560]  It was five packages that they didn't deliver at the post office.
[01:10:26.560 --> 01:10:38.560]  And I come up with... What's that one you used, Brett, that 18 something, 1341, I believe,
[01:10:38.560 --> 01:10:43.520]  of that- Are you talking about mail fraud?
[01:10:43.520 --> 01:10:44.520]  Yeah.
[01:10:44.520 --> 01:10:45.520]  1341, yeah.
[01:10:45.520 --> 01:10:46.520]  Yeah.
[01:10:46.520 --> 01:10:47.520]  1341, Rod's and Swindle.
[01:10:47.520 --> 01:10:48.520]  Yeah.
[01:10:48.520 --> 01:10:49.520]  Yeah.
[01:10:49.520 --> 01:10:50.520]  That's the one.
[01:10:50.520 --> 01:10:51.520]  Yeah.
[01:10:51.520 --> 01:11:03.840]  I used that because I figured that would fall right under it.
[01:11:03.840 --> 01:11:08.280]  If you walk up to the counter, right, Brett, and you ask them for packages, and they won't
[01:11:08.280 --> 01:11:17.280]  give you your packages, and you leave, that 1341 would apply, wouldn't it?
[01:11:17.280 --> 01:11:23.760]  1341 says that there needs to be some kind of a fraud scheme going on, and they accomplished
[01:11:23.760 --> 01:11:25.560]  it via the mail.
[01:11:25.560 --> 01:11:31.520]  So the underlying fraud would need to be established by some facts about that.
[01:11:31.520 --> 01:11:36.160]  I don't see it right away if they just don't give you your package.
[01:11:36.160 --> 01:11:42.440]  I thought you used that before you were saying something on the radio about it.
[01:11:42.440 --> 01:11:50.600]  Maybe not for somebody that doesn't give you your package, because whatever's in the package,
[01:11:50.600 --> 01:11:57.720]  if the contents are fraudulent, they're trying to defraud you, they're trying to get you
[01:11:57.720 --> 01:12:01.920]  roped into some kind of scheme where you're going to pay them, and you don't need to,
[01:12:01.920 --> 01:12:08.720]  and all that, well, then that fraud coming in the mail means they used the post office
[01:12:08.720 --> 01:12:11.120]  to accomplish their fraud scheme.
[01:12:11.120 --> 01:12:14.360]  So that's when that 1341 kicks in.
[01:12:14.360 --> 01:12:16.840]  What this might be is interfering with the mail.
[01:12:16.840 --> 01:12:17.840]  There you go.
[01:12:17.840 --> 01:12:27.240]  Well, I put like this thread on there, but that's the most, that's the first one there,
[01:12:27.240 --> 01:12:29.880]  so that's the only one that comes to mind.
[01:12:29.880 --> 01:12:33.480]  There's two more after that, and I included them.
[01:12:33.480 --> 01:12:41.800]  Well, what they're asking you to do, and giving it to the federal prosecutor was appropriate,
[01:12:41.800 --> 01:12:47.960]  or if you're suing the state, giving it to the attorney general was appropriate, because
[01:12:47.960 --> 01:12:53.960]  that's the lawyer for the state or the lawyer for the federal agency.
[01:12:53.960 --> 01:13:02.040]  He's just the lawyer for the respondent, and he's going to file an opposition to you, and
[01:13:02.040 --> 01:13:12.320]  now they're asking you to come to court with a written motion and prove up your claim.
[01:13:12.320 --> 01:13:15.880]  Give them facts in law that prove up the claim.
[01:13:15.880 --> 01:13:26.840]  Right, but in other words, he can't issue a declaratory judgment on that 1341 or any
[01:13:26.840 --> 01:13:28.840]  of the other ones then, huh?
[01:13:28.840 --> 01:13:29.840]  Yes.
[01:13:29.840 --> 01:13:32.240]  I'm not delivering my package.
[01:13:32.240 --> 01:13:39.040]  Yeah, he can issue a declaratory judgment, but he can't grant you any claim.
[01:13:39.040 --> 01:13:44.360]  He can just rule that what was done was either done in accordance with law or was not done
[01:13:44.360 --> 01:13:49.680]  in accordance with law, but he wants to hear both sides.
[01:13:49.680 --> 01:13:52.040]  I didn't get anything from him.
[01:13:52.040 --> 01:13:56.120]  One way or the other.
[01:13:56.120 --> 01:13:58.520]  You won't get anything from the judge.
[01:13:58.520 --> 01:14:06.080]  You will get the accused party, be it the post office or whoever it is, has a right
[01:14:06.080 --> 01:14:14.720]  to file their own response, and they would use, if it's fed, they'd use the U.S. attorney
[01:14:14.720 --> 01:14:21.120]  or the attorney general to file the response, so they're just the attorney for the other
[01:14:21.120 --> 01:14:22.120]  side.
[01:14:22.120 --> 01:14:32.880]  Okay, so he's allowed to take a declaratory judgment and give it to another attorney.
[01:14:32.880 --> 01:14:34.360]  No, no, no.
[01:14:34.360 --> 01:14:36.240]  You're misunderstanding what's happening here.
[01:14:36.240 --> 01:14:40.280]  He did not give it to another attorney.
[01:14:40.280 --> 01:14:46.160]  He gave it to the attorney for the respondent.
[01:14:46.160 --> 01:14:54.200]  The attorney general is the attorney for any government agency that's been sued.
[01:14:54.200 --> 01:14:59.200]  The parties are you and, in this case, the post office.
[01:14:59.200 --> 01:15:01.240]  The post office is respondent.
[01:15:01.240 --> 01:15:04.200]  The attorney general is the lawyer for the post office.
[01:15:04.200 --> 01:15:05.200]  Right.
[01:15:05.200 --> 01:15:09.720]  I figured that one out when he sent me that.
[01:15:09.720 --> 01:15:10.720]  Yeah.
[01:15:10.720 --> 01:15:13.840]  Yeah, so now both of you come before the court.
[01:15:13.840 --> 01:15:15.000]  He'll make his argument.
[01:15:15.000 --> 01:15:23.320]  You'll make your argument, and then the judge will make a ruling based on the two arguments.
[01:15:23.320 --> 01:15:30.000]  So I've got to really go down and argue my case in the court with the judge.
[01:15:30.000 --> 01:15:34.920]  Well, you said that the judge wanted it in writing.
[01:15:34.920 --> 01:15:35.920]  Yeah.
[01:15:35.920 --> 01:15:36.920]  Yeah.
[01:15:36.920 --> 01:15:40.120]  He didn't say it in writing.
[01:15:40.120 --> 01:15:42.240]  Feds generally don't want you to come into court.
[01:15:42.240 --> 01:15:45.520]  They want it done in the paperwork, and I much prefer that.
[01:15:45.520 --> 01:15:46.520]  Yeah.
[01:15:46.520 --> 01:15:49.840]  Well, that's the way I put it down.
[01:15:49.840 --> 01:15:57.320]  I explained to him that I asked for the clergy to do a judgment, and then I also included
[01:15:57.320 --> 01:16:02.720]  what the attorney general did, like he got all this stuff together, and I pointed out
[01:16:02.720 --> 01:16:07.600]  all the problems with it or all the myths.
[01:16:07.600 --> 01:16:12.040]  That sounds like exactly what the judge would want to see.
[01:16:12.040 --> 01:16:13.760]  I filed a claim.
[01:16:13.760 --> 01:16:15.320]  I had the copy here.
[01:16:15.320 --> 01:16:17.760]  I put that in, sent that in.
[01:16:17.760 --> 01:16:20.560]  They said I didn't notify the post office.
[01:16:20.560 --> 01:16:22.160]  I had two or three emails.
[01:16:22.160 --> 01:16:25.200]  I printed them out and sent them in.
[01:16:25.200 --> 01:16:27.760]  So I mean, I sent everything that I had.
[01:16:27.760 --> 01:16:32.960]  I didn't make up my fund or anything like that.
[01:16:32.960 --> 01:16:33.960]  You're probably good.
[01:16:33.960 --> 01:16:34.960]  Oh.
[01:16:34.960 --> 01:16:35.960]  All right, then.
[01:16:35.960 --> 01:16:36.960]  Okay.
[01:16:36.960 --> 01:16:37.960]  Okay.
[01:16:37.960 --> 01:16:38.960]  Well, there you go then, Randy.
[01:16:38.960 --> 01:16:39.960]  Okay.
[01:16:39.960 --> 01:16:40.960]  Thank you, Gary.
[01:16:40.960 --> 01:16:41.960]  Have a good day.
[01:16:41.960 --> 01:16:42.960]  Have a good New Year.
[01:16:42.960 --> 01:16:43.960]  All right.
[01:16:43.960 --> 01:16:46.960]  Randy Kelkin, Brett Fountain, Rule of Law Radio.
[01:16:46.960 --> 01:16:51.760]  We've got two callers and three segments.
[01:16:51.760 --> 01:16:54.840]  We might be able to get to one more caller.
[01:16:54.840 --> 01:17:00.760]  Now, call in number 512-646-1984.
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[01:19:33.080 --> 01:19:45.880]  Okay, we are back, Randy Kelton, Brett Fountain, Blah Blah Radio, and we're going to Rick.
[01:19:45.880 --> 01:19:49.320]  I'm not sure if this is a first time caller or not.
[01:19:49.320 --> 01:19:54.240]  No, I think this is Rick in Virginia that we've talked to before.
[01:19:54.240 --> 01:19:57.360]  Hello Rick, have we talked to you before?
[01:19:57.360 --> 01:20:02.000]  Yes, you have, it's probably been about four or five months ago.
[01:20:02.000 --> 01:20:05.360]  Oh, okay. Well, I've slept since then.
[01:20:05.360 --> 01:20:10.360]  You know how it all is when you get old.
[01:20:10.360 --> 01:20:12.360]  I know.
[01:20:12.360 --> 01:20:14.360]  I don't, I forgot.
[01:20:14.360 --> 01:20:18.760]  Okay, what do you have for us today?
[01:20:18.760 --> 01:20:28.360]  I wanted to run a scenario across you guys that I'm facing here and I'll find myself in court here on the 19th of January.
[01:20:28.360 --> 01:20:35.520]  And I've got a plan of attack made up and I just wanted to bounce it off you guys and get some feedback.
[01:20:35.520 --> 01:20:39.520]  Okay, go.
[01:20:39.520 --> 01:20:46.000]  All right. Well, this happened on a Navy base, so it's federal territory.
[01:20:46.000 --> 01:20:51.400]  And this happened right at the entrance gate.
[01:20:51.400 --> 01:20:58.800]  And I was apprehended because I couldn't find my retired military ID card fast enough.
[01:20:58.800 --> 01:21:05.400]  So they pulled me off to the side and lo and behold, you know, to get me out of traffic.
[01:21:05.400 --> 01:21:15.760]  And right after that, I'm sitting in my car and I located my military ID and I'm getting ready to proceed to the gate and show the guy and head on in and take care of my business.
[01:21:15.760 --> 01:21:33.240]  Well, they ended up another officer there ended up, you know, I started hollering and screaming at me to get out of the car and make a long story short, they arrested me because I wouldn't ID myself to them.
[01:21:33.240 --> 01:21:39.280]  And they cuffed me and stuffed me and took me to the on base police station.
[01:21:39.280 --> 01:21:49.560]  This is after they seen my military ID, they already searched me, searched my car, searched everything against against my wishes.
[01:21:49.560 --> 01:21:59.960]  So they took me to police station, arrested me, ended up taking me back about an hour and a half later, right back to where they had my car towed from and told me to get off the base.
[01:21:59.960 --> 01:22:02.720]  They're going to trespass me too.
[01:22:02.720 --> 01:22:06.880]  So ended up getting my car back the next day, no big deal.
[01:22:06.880 --> 01:22:17.640]  So now on the five violation notices that I've been given, there is a same court date on all five of them.
[01:22:17.640 --> 01:22:33.840]  One is a federal federal Title 18 and the other four are state charges for trafficking fractions and one criminal charge for impeding and various other things.
[01:22:33.840 --> 01:22:39.080]  But the thing is they never took me to a magistrate.
[01:22:39.080 --> 01:22:41.480]  I've got a pacer account.
[01:22:41.480 --> 01:22:52.600]  I looked online, there is nothing to date filed with federal district court that is on my notices saying I have to attend here on the 19th.
[01:22:52.600 --> 01:22:55.960]  Now it's been 43 days today.
[01:22:55.960 --> 01:23:00.680]  It'll be actually 64 days by the time my court date rolls around.
[01:23:00.680 --> 01:23:03.360]  There's been no summons served.
[01:23:03.360 --> 01:23:08.240]  I've never seen a magistrate for probable cause yet.
[01:23:08.240 --> 01:23:16.520]  And, you know, I must be taken promptly to a magistrate to determine probable cause, you know, according to rule five.
[01:23:16.520 --> 01:23:17.600]  And that never happened.
[01:23:17.600 --> 01:23:25.400]  So my plan is since I've never been served, I don't plan on showing up there.
[01:23:25.400 --> 01:23:29.080]  I want to get your take on that.
[01:23:29.080 --> 01:23:35.120]  Always show up, always.
[01:23:35.120 --> 01:23:44.320]  And if you don't, if charges, the first thing you should do, I'm trying to think this is Fed and I generally don't do Fed.
[01:23:44.320 --> 01:23:50.960]  OK, you were arrested by federal agents, the military police or federal agents.
[01:23:50.960 --> 01:23:55.120]  And in the Fed, they were absolutely required to take you directly to the nearest magistrate.
[01:23:55.120 --> 01:23:56.240]  They didn't do that.
[01:23:56.240 --> 01:24:08.840]  Have you filed criminally against the officers who arrested you and their commander, whoever they are?
[01:24:08.840 --> 01:24:14.920]  I would go for their OIC, their officer in charge.
[01:24:14.920 --> 01:24:27.400]  File criminally against these, whoever did the arrest and the officer in charge who was responsible for training and direction.
[01:24:27.400 --> 01:24:28.520]  This is the Fed.
[01:24:28.520 --> 01:24:31.160]  You will get their attention.
[01:24:31.160 --> 01:24:42.600]  What I've done so far is I did get a hold of the inspector general in our area and I filed a complaint against the police department.
[01:24:42.600 --> 01:24:45.160]  And I also filed a FOIA request.
[01:24:45.160 --> 01:24:55.040]  Of course, I've got the results back from that inspector general's report and what is on there is it's crazy.
[01:24:55.040 --> 01:25:03.720]  I can't even believe they sent me a report like that, completely denying everything and then making up some charges I was never even charged with.
[01:25:03.720 --> 01:25:11.720]  So and I wrote it back and I said, well, I'd like to have the affidavit to the police officers you spoke to.
[01:25:11.720 --> 01:25:16.360]  You know, obviously, they testified, you know, by affidavit or under oath, right?
[01:25:16.360 --> 01:25:21.320]  They come back and say, well, you're going to have to do a FOIA request for that.
[01:25:21.320 --> 01:25:25.000]  Well, so that's pretty much a dead end there.
[01:25:25.000 --> 01:25:25.840]  I have not.
[01:25:25.840 --> 01:25:26.640]  Wait, wait, wait, wait.
[01:25:26.640 --> 01:25:29.680]  Did you do a FOIA request?
[01:25:29.680 --> 01:25:39.080]  I did a FOIA request, but the FOIA request was for all the names of the police officers that were on duty that one day.
[01:25:39.080 --> 01:25:48.800]  Between the hours of 830 in the morning and 12 on this specific base, this date between these times, that's all my request was.
[01:25:48.800 --> 01:25:50.760]  Well, that was denied out of hand, too.
[01:25:50.760 --> 01:25:52.080]  So now I'm fighting that one.
[01:25:52.080 --> 01:25:54.560]  I mean, I'm getting nowhere basically.
[01:25:54.560 --> 01:26:00.440]  But yes, my plan is to file criminal charges on these people.
[01:26:00.440 --> 01:26:07.360]  And my other question was, should I do this after I get these charges dropped?
[01:26:07.360 --> 01:26:09.800]  Or should I just go ahead and start doing it now?
[01:26:09.800 --> 01:26:24.680]  And my other question was, from listening to you guys so much as I have, I believe the right thing to do since these are federal officers is take them to state court.
[01:26:24.680 --> 01:26:33.000]  No, since he's just an officer, you might consider preparing some criminal accusations,
[01:26:33.000 --> 01:26:47.440]  criminal affidavits, and send them certified mail, insure it, and send it to the special agent in charge of the local FBI.
[01:26:47.440 --> 01:26:51.720]  That's the only guy whose name you can get.
[01:26:51.720 --> 01:27:02.040]  So send it to him and include a cover letter asking him to initial the cover letter and return it in the included stamp self-addressed envelope.
[01:27:02.040 --> 01:27:05.960]  So you will know he actually got it.
[01:27:05.960 --> 01:27:08.400]  Well, he's not going to return that.
[01:27:08.400 --> 01:27:11.320]  He's likely to just trash it.
[01:27:11.320 --> 01:27:21.880]  And then after two weeks, if you don't get that return letter, then you go to the post office and you want your 500 bucks.
[01:27:21.880 --> 01:27:25.480]  I think it costs about 10 or 15 bucks to insure it.
[01:27:25.480 --> 01:27:29.800]  You have 50 bucks, but a little bit upgraded to 500.
[01:27:29.800 --> 01:27:32.200]  I want my 500 bucks.
[01:27:32.200 --> 01:27:39.960]  I sent this letter to the special agent in charge and included a stamp self-addressed envelope, and I didn't get that in return.
[01:27:39.960 --> 01:27:42.480]  So I have reason to believe he did not get it.
[01:27:42.480 --> 01:27:44.960]  I want my 500 bucks.
[01:27:44.960 --> 01:27:48.080]  Well, what do you think posting inspectors are going to do?
[01:27:48.080 --> 01:27:52.000]  Think you're going to shell out 500 bucks?
[01:27:52.000 --> 01:27:54.040]  Not in this life.
[01:27:54.040 --> 01:28:00.920]  They're going to go down there and they're going to have a conversation with this special agent in charge.
[01:28:00.920 --> 01:28:08.720]  And they're going to get this special agent in charge to admit that he got your documents.
[01:28:08.720 --> 01:28:17.000]  Now, he has a duty to give notice to some magistrate when a crime has been committed.
[01:28:17.000 --> 01:28:28.560]  And since you didn't get any notice that he did that, file colonel charges against the special agent in charge, accusing him of shielding these officers from prosecution.
[01:28:28.560 --> 01:28:33.960]  Send it to the U.S. attorney, address the former to the grand jury.
[01:28:33.960 --> 01:28:42.200]  Do you think he should shorten the time instead of waiting two weeks since he's only got three weeks before his court appearance?
[01:28:42.200 --> 01:28:46.360]  Should the fireworks be going off before that?
[01:28:46.360 --> 01:28:48.200]  Or after after?
[01:28:48.200 --> 01:28:54.080]  Don't don't don't do anything until you go to this court date.
[01:28:54.080 --> 01:29:02.640]  OK, you see, this court date must be a preliminary hearing.
[01:29:02.640 --> 01:29:03.200]  Correct.
[01:29:03.200 --> 01:29:06.800]  Can't be cannot be anything else.
[01:29:06.800 --> 01:29:16.640]  And it should have happened, I think, look, McLaughlin v. City of Riverside.
[01:29:16.640 --> 01:29:22.720]  Well, I have been in 20 days of my initial appearance, which never happened.
[01:29:22.720 --> 01:29:25.320]  Wait, say that again.
[01:29:25.320 --> 01:29:35.280]  The preliminary hearing must be held within 20 days after my initial appearance, which I've never had.
[01:29:35.280 --> 01:29:38.280]  You were arrested.
[01:29:38.280 --> 01:29:40.680]  If you're sent a summons, that's different.
[01:29:40.680 --> 01:29:43.920]  But if you're arrested, they're required to take you directly to the new magistrate.
[01:29:43.920 --> 01:29:46.960]  You have a preliminary hearing immediately.
[01:29:46.960 --> 01:29:51.600]  Hang on, Randy Kelton, Brett Fountain, we will all radio.
[01:29:51.600 --> 01:29:54.560]  We'll be right back.
[01:29:54.560 --> 01:29:58.360]  They're about five seconds, four, three, two, a little early.
[01:29:58.360 --> 01:29:59.240]  OK.
[01:29:59.240 --> 01:30:05.920]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
[01:30:05.920 --> 01:30:09.200]  But now researchers say we can add stress to the list.
[01:30:09.200 --> 01:30:12.600]  I'm Dr. Catherine Albrecht, back with details in a moment.
[01:30:12.600 --> 01:30:14.840]  Privacy is under attack.
[01:30:14.840 --> 01:30:18.480]  When you give up data about yourself, you'll never get it back again.
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[01:30:23.440 --> 01:30:25.040]  So protect your rights.
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[01:30:32.240 --> 01:30:34.640]  Privacy, it's worth hanging on to.
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[01:30:45.520 --> 01:30:48.560]  Are you always on the go and juggling multiple projects?
[01:30:48.560 --> 01:30:52.280]  If so, you might think that multitasking proves you're smart.
[01:30:52.280 --> 01:30:56.200]  But think again, all that stress might be eating your brain.
[01:30:56.200 --> 01:31:00.320]  A new study finds stress reduces the number of connections between neurons,
[01:31:00.320 --> 01:31:03.960]  which actually makes it harder for people to manage problems.
[01:31:03.960 --> 01:31:10.440]  Researchers at Yale University found that stressed out people have less gray matter in their prefrontal cortex.
[01:31:10.440 --> 01:31:15.680]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions.
[01:31:15.680 --> 01:31:17.960]  So take a deep breath and chill out.
[01:31:17.960 --> 01:31:21.200]  It'll help keep your mind as sharp as a tack.
[01:31:21.200 --> 01:31:30.840]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
[01:31:30.840 --> 01:31:36.320]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:33:40.260 --> 01:34:09.260]  Okay, we are back, we're in the Fountain Blue La Radio, and we're talking to Rick in Virginia.
[01:34:09.260 --> 01:34:15.260]  Rick, I may be a little bit insensitive here, but Brett and I were talking about something on the break.
[01:34:15.260 --> 01:34:21.260]  You know, I was in the military, and I've driven onto bases lots of times.
[01:34:21.260 --> 01:34:31.260]  And it's been my experience when you're dealing with military police, they tend not to be the jack-booty thugs you get out there on the street,
[01:34:31.260 --> 01:34:42.260]  because everybody in the military tend to protect their own. If someone had a problem with me and they come and give me a hard time,
[01:34:42.260 --> 01:34:49.260]  my commander is going to be down their throats. You have a problem with one of my troops, you come to me.
[01:34:49.260 --> 01:34:55.260]  If my troop needs to be chewed out, I will do it, not you, that military bearing.
[01:34:55.260 --> 01:35:04.260]  So, it seems inconsistent that these policemen acted so outrageously. Was there something else going on?
[01:35:04.260 --> 01:35:12.260]  No, actually there wasn't. There's been some other incidents, some other people have had on the base as well.
[01:35:12.260 --> 01:35:18.260]  Now, these are not military guys. These are civilians.
[01:35:18.260 --> 01:35:23.260]  Oh, these aren't military police that did this?
[01:35:23.260 --> 01:35:29.260]  No, they are civilians. I'm not sure if they're contractors, but they're all civilians.
[01:35:29.260 --> 01:35:32.260]  Who is the base commander?
[01:35:32.260 --> 01:35:38.260]  Well, I've already got his name, and I've already got a letter started to him.
[01:35:38.260 --> 01:35:47.260]  Oh, he would be the first guy I would go to. When I was in the military, if a general came to the base,
[01:35:47.260 --> 01:35:53.260]  you were in the military, you know how that is, you've got to go pick up, cut every piece of grass to exact height,
[01:35:53.260 --> 01:35:59.260]  you've got to pick up every loose piece of grass, there better not be a cigarette butt on that base anywhere.
[01:35:59.260 --> 01:36:08.260]  And there was only one person we were more afraid of than a general, and that was a civilian.
[01:36:08.260 --> 01:36:16.260]  Because that's the only guy who can march into the general's office and crawl down his throat.
[01:36:16.260 --> 01:36:26.260]  So that's why I talked to Brad and said, this is inconsistent. These military police are careful.
[01:36:26.260 --> 01:36:35.260]  So it explains it that they're contractors. If you go get the head of the base and crawl down his throat,
[01:36:35.260 --> 01:36:41.260]  you're not in the military anymore, and you have rights on that base.
[01:36:41.260 --> 01:36:49.260]  That is his responsibility, his personal responsibility to ensure they're protected.
[01:36:49.260 --> 01:37:01.260]  What in the heck are you doing not doing your job? He'll get that. That's what he would do to anybody else.
[01:37:01.260 --> 01:37:09.260]  Well, here's the kicker for that, and I would like to go speak to the commanding officer of the base, believe me.
[01:37:09.260 --> 01:37:15.260]  But the police officers actually handed me a temporary exclusion letter
[01:37:15.260 --> 01:37:27.260]  from every single military installation in the whole mid-Atlantic region.
[01:37:27.260 --> 01:37:32.260]  That's interesting. Where did they get authority to do that?
[01:37:32.260 --> 01:37:42.260]  Well, it's from the commander of that particular base that I was going on to.
[01:37:42.260 --> 01:37:47.260]  And there's an instruction. I'm still trying to find that instruction to get the whereabouts,
[01:37:47.260 --> 01:37:58.260]  but I have to appeal this in order to get my right to go on military installation again.
[01:37:58.260 --> 01:38:11.260]  But that's a whole separate issue. But the fact is, I think the biggest problem is that these clowns did not take me
[01:38:11.260 --> 01:38:18.260]  for my initial appearance upon arrest without a warrant to determine probable cause. That never happened.
[01:38:18.260 --> 01:38:28.260]  That is exactly right. You might consider this is a contractor.
[01:38:28.260 --> 01:38:36.260]  Well, I'm not sure. I'm really not sure. I know they're all civilians. They're not wearing military uniforms.
[01:38:36.260 --> 01:38:39.260]  They don't have military haircuts.
[01:38:39.260 --> 01:38:42.260]  They have to be contractors.
[01:38:42.260 --> 01:38:49.260]  You need to do a FOIA for their contract.
[01:38:49.260 --> 01:38:56.260]  Well, I did a FOIA for their names and their badge numbers so I can write good complaints up
[01:38:56.260 --> 01:39:02.260]  because there's like six officers that were involved in that, including the chief of police who happened to be there.
[01:39:02.260 --> 01:39:09.260]  And he was just as rotten as the rest of them.
[01:39:09.260 --> 01:39:17.260]  Okay. Did you file a professional conduct complaint against the chief of police?
[01:39:17.260 --> 01:39:21.260]  I did not. I don't have his name. I didn't have anything to write any of these guys.
[01:39:21.260 --> 01:39:26.260]  You don't care. Who cares? Whoever the chief of police is, you file against him. You get the wrong one.
[01:39:26.260 --> 01:39:31.260]  Oh, well, my bad. Tell me which one and I'll file against the right one.
[01:39:31.260 --> 01:39:39.260]  I filed a bar grievance against the lawyer in Texas and I knew you was the wrong one.
[01:39:39.260 --> 01:39:47.260]  Oh, that was funny. So just file against chief of police. You don't care who it is.
[01:39:47.260 --> 01:39:48.260]  Okay.
[01:39:48.260 --> 01:39:53.260]  If he's the wrong guy, he'll tell you who the right guy is.
[01:39:53.260 --> 01:39:58.260]  Yeah, I don't know if he was the watch commander, the chief of police. I'm not sure who these people were.
[01:39:58.260 --> 01:40:08.260]  Okay. It's better if you file against the wrong guy because he's going to be filled with righteous indignation,
[01:40:08.260 --> 01:40:15.260]  especially if you file a professional conduct against the chief of police and he didn't do it.
[01:40:15.260 --> 01:40:20.260]  He is going to be PO'd at the guy who did.
[01:40:20.260 --> 01:40:29.260]  Should I do this through the – I don't even know who to file to. I've been trying to get some information.
[01:40:29.260 --> 01:40:37.260]  Oh, it's probably post. I think in Virginia it's going to be police officer certification and training.
[01:40:37.260 --> 01:40:38.260]  Okay.
[01:40:38.260 --> 01:40:42.260]  You send it to them. They're going to do nothing with it.
[01:40:42.260 --> 01:40:48.260]  But it's going to put a big time mark on that chief of police's chart.
[01:40:48.260 --> 01:40:55.260]  And if he didn't have anything to do with it, he is going to be furious.
[01:40:55.260 --> 01:40:59.260]  And you were in the military. You know how that works.
[01:40:59.260 --> 01:41:07.260]  What happens if you do something that gets your NCOIC queued out by the commander?
[01:41:07.260 --> 01:41:09.260]  It doesn't look good.
[01:41:09.260 --> 01:41:14.260]  No, you're in big trouble.
[01:41:14.260 --> 01:41:23.260]  Use that against them. If the base commander, you can't get a hold of him, then who is over all of these bases?
[01:41:23.260 --> 01:41:30.260]  Go to the Pentagon. You're a civilian. You can go anywhere you want to.
[01:41:30.260 --> 01:41:36.260]  Hammer them. File a complaint with the Joint Chief of Staff.
[01:41:36.260 --> 01:41:41.260]  Can't you control your troops? Blah, blah, blah.
[01:41:41.260 --> 01:41:49.260]  He's not going to be like being queued out.
[01:41:49.260 --> 01:41:56.260]  Especially military. All this stuff does roll downhill in military.
[01:41:56.260 --> 01:42:04.260]  Yeah, I've been laying awake at night thinking about what I'm going to say to the base commander when I speak to him.
[01:42:04.260 --> 01:42:12.260]  People who have been in the military too long, they lose a perspective.
[01:42:12.260 --> 01:42:17.260]  You're used to taking orders. You're used to having commanders and your commanders having commanders.
[01:42:17.260 --> 01:42:20.260]  You're used to a hierarchy.
[01:42:20.260 --> 01:42:25.260]  Once you got out of the military, you stepped outside that hierarchy.
[01:42:25.260 --> 01:42:29.260]  You are not a civilian.
[01:42:29.260 --> 01:42:34.260]  You are a citizen in a republic.
[01:42:34.260 --> 01:42:39.260]  Everybody answers to you.
[01:42:39.260 --> 01:42:49.260]  I have zero compulsion about going on a military base and crawling down the commander's throat or a general or anybody else in the military.
[01:42:49.260 --> 01:42:54.260]  They all work for me and they are not to forget it.
[01:42:54.260 --> 01:42:59.260]  I expect the commander of every base to properly manage his base.
[01:42:59.260 --> 01:43:03.260]  If he can't, I want him to explain why not.
[01:43:03.260 --> 01:43:14.260]  What do you think is going to happen when you write a nasty letter to the base commander because he's not controlling his contractors?
[01:43:14.260 --> 01:43:23.260]  I got the railroad out where I live to recondition the rail beds so they could haul rock out of the Metroplex.
[01:43:23.260 --> 01:43:26.260]  Because we were having 24 people and you were killed by rock trucks.
[01:43:26.260 --> 01:43:33.260]  I went down to the K-E Railroad and crawled down Gassler's throat.
[01:43:33.260 --> 01:43:38.260]  Gassler was the president of the K-E Railroad. I want to know what in the heck you're doing with that railroad out there.
[01:43:38.260 --> 01:43:42.260]  You're not using it and all my friends and neighbors have been being killed out there on the highway.
[01:43:42.260 --> 01:43:45.260]  And just crawled down his throat.
[01:43:45.260 --> 01:43:53.260]  Two years later, 50% of all the trucks out there were gone because the railroad was hauling all the rock.
[01:43:53.260 --> 01:43:57.260]  And we weren't losing 24 people a year. That works.
[01:43:57.260 --> 01:43:59.260]  Randy Kelton-Brett found the movie right...
[01:43:59.260 --> 01:44:04.260]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[01:44:33.260 --> 01:44:38.260]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
[01:44:38.260 --> 01:44:40.260]  Personal consultation is available as well.
[01:44:40.260 --> 01:44:46.260]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner.
[01:44:46.260 --> 01:44:49.260]  Or email michaelmears at yahoo.com.
[01:44:49.260 --> 01:44:51.260]  That's ruleoflawradio.com.
[01:44:51.260 --> 01:45:00.260]  Or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:45:00.260 --> 01:45:03.260]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.260 --> 01:46:26.260]  Some things in this world I will never understand.
[01:46:26.260 --> 01:46:30.260]  Some things I realize fully.
[01:46:30.260 --> 01:46:35.260]  Somebody's on a police, a policeman.
[01:46:35.260 --> 01:46:39.260]  Somebody's on a police, a policeman.
[01:46:39.260 --> 01:46:42.260]  Okay, we are back.
[01:46:42.260 --> 01:46:46.260]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Rick.
[01:46:46.260 --> 01:46:47.260]  Rick, we need to get going.
[01:46:47.260 --> 01:46:53.260]  We've got one segment, and we've got Steve from Texas that's been waiting the whole show.
[01:46:53.260 --> 01:46:54.260]  Sure, go ahead and take him.
[01:46:54.260 --> 01:46:55.260]  Thanks a lot, Randy.
[01:46:55.260 --> 01:46:57.260]  I appreciate your help.
[01:46:57.260 --> 01:47:01.260]  Go out there and start a lot of trouble, especially military.
[01:47:01.260 --> 01:47:03.260]  That works.
[01:47:03.260 --> 01:47:04.260]  Okay.
[01:47:04.260 --> 01:47:06.260]  Thank you.
[01:47:06.260 --> 01:47:07.260]  Thank you, Rick.
[01:47:07.260 --> 01:47:10.260]  Now we're going to go to Stephen in Texas.
[01:47:10.260 --> 01:47:16.260]  Okay, Stephen, what do you have for us today?
[01:47:16.260 --> 01:47:17.260]  Yes, sir.
[01:47:17.260 --> 01:47:24.260]  So we got a little sidetracked last time that we talked, and I was actually trying to call
[01:47:24.260 --> 01:47:31.260]  in over citations that were sent directly to my wife, and nobody ever signed for them.
[01:47:31.260 --> 01:47:33.260]  Nobody ever signed up here.
[01:47:33.260 --> 01:47:39.260]  It was just basically guilt by ownership.
[01:47:39.260 --> 01:47:43.260]  Red light tickets?
[01:47:43.260 --> 01:47:48.260]  No, over that property in Hillsborough that I own.
[01:47:48.260 --> 01:47:51.260]  Remember they came and got his property and took it over.
[01:47:51.260 --> 01:47:52.260]  Oh, okay.
[01:47:52.260 --> 01:47:53.260]  So they sent citations.
[01:47:53.260 --> 01:47:56.260]  They called it condemned?
[01:47:56.260 --> 01:47:59.260]  Yeah, okay.
[01:47:59.260 --> 01:48:08.260]  Did you get my subject matter jurisdiction challenged to the application of ordinances
[01:48:08.260 --> 01:48:11.260]  to the general public?
[01:48:11.260 --> 01:48:12.260]  Yes, sir.
[01:48:12.260 --> 01:48:15.260]  Have you filed that?
[01:48:15.260 --> 01:48:26.260]  I did, but I filed it as me as a co-defendant.
[01:48:26.260 --> 01:48:29.260]  Have you filed as joineder?
[01:48:29.260 --> 01:48:30.260]  Sorry about that.
[01:48:30.260 --> 01:48:31.260]  Got me on spot.
[01:48:31.260 --> 01:48:32.260]  Yes, sir.
[01:48:32.260 --> 01:48:35.260]  And then the judge denied being able to allow.
[01:48:35.260 --> 01:48:38.260]  I guess he could write you a ticket too, but you know, anyway.
[01:48:38.260 --> 01:48:40.260]  So she denied allowing me.
[01:48:40.260 --> 01:48:42.260]  She didn't tell me to shut up or anything.
[01:48:42.260 --> 01:48:46.260]  She denied allowing my motions.
[01:48:46.260 --> 01:48:53.260]  Would your, is this something your wife would file?
[01:48:53.260 --> 01:48:55.260]  Yes, yes.
[01:48:55.260 --> 01:48:58.260]  Give it to her and have her file it.
[01:48:58.260 --> 01:49:01.260]  Okay, but we're still starting the issue.
[01:49:01.260 --> 01:49:05.260]  There's something inherently wrong with sending somebody to, okay, here we go again.
[01:49:05.260 --> 01:49:08.260]  I don't want to get off on the weeds last time, because you're right.
[01:49:08.260 --> 01:49:17.260]  They coerced a public official to send 10 citations in a row in an ill, in any way.
[01:49:17.260 --> 01:49:22.260]  Well, the way you get to that, the first step is subject matter jurisdiction.
[01:49:22.260 --> 01:49:25.260]  Who the heck are you?
[01:49:25.260 --> 01:49:30.260]  If you argue that somebody coerced me into doing it, you're essentially accepting
[01:49:30.260 --> 01:49:36.260]  that they have the authority to give you this in the first place.
[01:49:36.260 --> 01:49:40.260]  Always start with subject matter jurisdiction.
[01:49:40.260 --> 01:49:47.260]  And you said just a moment ago that she, that the judge declined to let you have
[01:49:47.260 --> 01:49:49.260]  the motions even be heard.
[01:49:49.260 --> 01:49:54.260]  And so that's different from dismissing, probably a motion to dismiss, right,
[01:49:54.260 --> 01:49:56.260]  for lack of jurisdiction.
[01:49:56.260 --> 01:50:01.260]  But there's also a portion of that that can't be dismissed or denied
[01:50:01.260 --> 01:50:03.260]  or even refused to hear it.
[01:50:03.260 --> 01:50:06.260]  It is the issue of jurisdiction.
[01:50:06.260 --> 01:50:12.260]  When you bring a challenge, the challenge itself is distinct from the motion to
[01:50:12.260 --> 01:50:15.260]  dismiss for lack of jurisdiction.
[01:50:15.260 --> 01:50:19.260]  So she can't just turn her head and say, I'm not going to pay attention to
[01:50:19.260 --> 01:50:21.260]  whether or not I have jurisdiction.
[01:50:21.260 --> 01:50:25.260]  Well, it sounds like the judge is saying you don't have standing.
[01:50:25.260 --> 01:50:26.260]  There we go.
[01:50:26.260 --> 01:50:28.260]  Standing is what I was looking for, guys.
[01:50:28.260 --> 01:50:29.260]  My apology.
[01:50:29.260 --> 01:50:35.260]  Is the property solely in your wife's name?
[01:50:35.260 --> 01:50:40.260]  No, it's co-owned, but he only wrote the citations to her.
[01:50:40.260 --> 01:50:44.260]  Oh, they cannot prosecute then.
[01:50:44.260 --> 01:50:51.260]  If it's co-owned and your name's on the property, then you must be joined in.
[01:50:51.260 --> 01:50:58.260]  We had a bad grandma in Pennsylvania, Leslie Orman.
[01:50:58.260 --> 01:51:03.260]  She was in fighting them on a foreclosure for five years.
[01:51:03.260 --> 01:51:11.260]  And finally, the court looked at it and said the bank did not include the
[01:51:11.260 --> 01:51:17.260]  husband, and he was a necessary party.
[01:51:17.260 --> 01:51:19.260]  So they threw everything out.
[01:51:19.260 --> 01:51:26.260]  You need to file as a necessary party, an essential party.
[01:51:26.260 --> 01:51:31.260]  I mean, I actually asked Eddie on a night when I couldn't talk to you guys
[01:51:31.260 --> 01:51:32.260]  or something.
[01:51:32.260 --> 01:51:35.260]  They said the first thing you need to attach to that is your deed to the
[01:51:35.260 --> 01:51:36.260]  property.
[01:51:36.260 --> 01:51:37.260]  I did.
[01:51:37.260 --> 01:51:38.260]  That's right.
[01:51:38.260 --> 01:51:39.260]  I attached the deed to it.
[01:51:39.260 --> 01:51:40.260]  I'm co-owner.
[01:51:40.260 --> 01:51:43.260]  And here's, you know, most of this misflected jurisdiction.
[01:51:43.260 --> 01:51:47.260]  And about 10 other reasons why the case had no merit, which should have been
[01:51:47.260 --> 01:51:48.260]  dismissed.
[01:51:48.260 --> 01:51:50.260]  It was...
[01:51:50.260 --> 01:51:52.260]  Anyways, so yes, she just...
[01:51:52.260 --> 01:51:56.260]  Okay, is this a municipal judge?
[01:51:56.260 --> 01:52:00.260]  Yes, of no record, municipal court of no record.
[01:52:00.260 --> 01:52:07.260]  File criminal charges against the municipal judge for official misconduct.
[01:52:07.260 --> 01:52:08.260]  That's part...
[01:52:08.260 --> 01:52:10.260]  This may be a...
[01:52:10.260 --> 01:52:16.260]  Take it down to the justice of the peace in the courthouse.
[01:52:16.260 --> 01:52:25.260]  They're on the first floor because I just took him some and insisted that he
[01:52:25.260 --> 01:52:26.260]  issue warrants.
[01:52:26.260 --> 01:52:30.260]  Now I'm going to get back with him and he will not have issued warrants.
[01:52:30.260 --> 01:52:37.260]  And I will send him a lawsuit suing him personally for not issuing warrants.
[01:52:37.260 --> 01:52:47.260]  If you go file against the municipal judge with this JP, JP has no discretion.
[01:52:47.260 --> 01:52:55.260]  He has to issue warrants.
[01:52:55.260 --> 01:52:58.260]  It's a way to get their attention.
[01:52:58.260 --> 01:53:04.260]  Any idea why they're trying to avoid you and pick on your wife?
[01:53:04.260 --> 01:53:08.260]  Because I filed criminal complaints to which they had no record of, even though
[01:53:08.260 --> 01:53:11.260]  they're on the record as being received in the dispatch log and they're on
[01:53:11.260 --> 01:53:12.260]  record by those people.
[01:53:12.260 --> 01:53:14.260]  Now they have no record.
[01:53:14.260 --> 01:53:20.260]  They have no record that they went anywhere according to 2.13A or B,
[01:53:20.260 --> 01:53:21.260]  whatever.
[01:53:21.260 --> 01:53:24.260]  They had no other records whatsoever.
[01:53:24.260 --> 01:53:34.260]  2.13 paragraph C, when a peace officer has it made known to him that a
[01:53:34.260 --> 01:53:39.260]  crimesman committed to shell give notice to some magistrates.
[01:53:39.260 --> 01:53:40.260]  Yes.
[01:53:40.260 --> 01:53:47.260]  Take the complaints to the JP in the courthouse.
[01:53:47.260 --> 01:53:54.260]  And whoever you filed the complaints with initially, charge them with shielding
[01:53:54.260 --> 01:53:57.260]  from prosecution.
[01:53:57.260 --> 01:53:58.260]  Gotcha.
[01:53:58.260 --> 01:54:01.260]  Always turn the crank up a little higher.
[01:54:01.260 --> 01:54:04.260]  They screw around, crank it up a little higher.
[01:54:04.260 --> 01:54:08.260]  Well, I have the chief of police on record saying, oh yeah, those complaints,
[01:54:08.260 --> 01:54:12.260]  I didn't do anything with those, but he dismissed me when I was telling him
[01:54:12.260 --> 01:54:13.260]  when they first...
[01:54:13.260 --> 01:54:16.260]  Impersonating a judicial officer.
[01:54:16.260 --> 01:54:17.260]  Right.
[01:54:17.260 --> 01:54:18.260]  Impersonating a magistrate.
[01:54:18.260 --> 01:54:20.260]  And okay, so that's what I want.
[01:54:20.260 --> 01:54:24.260]  Last time we talked, I was going to put together a set of complaints for the
[01:54:24.260 --> 01:54:27.260]  first time they pulled this.
[01:54:27.260 --> 01:54:31.260]  But the first time they pulled this was in 2012 when I had a county appraiser
[01:54:31.260 --> 01:54:37.260]  walk into all up and around and all in my property, took pictures of it,
[01:54:37.260 --> 01:54:40.260]  sent it to me, including the picture of the no trespassing sign.
[01:54:40.260 --> 01:54:42.260]  I took it to a verified criminal complaint.
[01:54:42.260 --> 01:54:44.260]  This is when I first started listening to you guys.
[01:54:44.260 --> 01:54:46.260]  It was amazing, right on time.
[01:54:46.260 --> 01:54:49.260]  And so I took it to them and they refused to act on it.
[01:54:49.260 --> 01:54:52.260]  They called them and they refused to act.
[01:54:52.260 --> 01:54:53.260]  They investigated.
[01:54:53.260 --> 01:54:56.260]  They had no duty to impersonate a magistrate.
[01:54:56.260 --> 01:54:59.260]  I didn't ask them to investigate a few things.
[01:54:59.260 --> 01:55:06.260]  So 2012 is too late to pursue now, so get them to do it again.
[01:55:06.260 --> 01:55:09.260]  Yeah, but those people are still in office.
[01:55:09.260 --> 01:55:10.260]  Good.
[01:55:10.260 --> 01:55:12.260]  Oh, okay.
[01:55:12.260 --> 01:55:13.260]  Gaylord.
[01:55:13.260 --> 01:55:16.260]  Operation Gaylord.
[01:55:16.260 --> 01:55:18.260]  Yes, that's why I keep asking you that.
[01:55:18.260 --> 01:55:22.260]  Every one of these people are still in place from 2012.
[01:55:22.260 --> 01:55:25.260]  They're just more embedded.
[01:55:25.260 --> 01:55:27.260]  Okay, this is a...
[01:55:27.260 --> 01:55:33.260]  I'm trying to help a guy there and I'm kind of hammering Hill County.
[01:55:33.260 --> 01:55:42.260]  It will help what I'm doing if you follow the prescription I'm using,
[01:55:42.260 --> 01:55:52.260]  you'll know that I set you up to do it and that will make it much worse.
[01:55:52.260 --> 01:55:57.260]  So we need to meet next time I come down to Hill County.
[01:55:57.260 --> 01:55:58.260]  I'm sorry.
[01:55:58.260 --> 01:56:02.260]  Do you have a timeline on all of this?
[01:56:02.260 --> 01:56:04.260]  Yes, sir.
[01:56:04.260 --> 01:56:07.260]  This is like playing chess.
[01:56:07.260 --> 01:56:12.260]  You walk down the timelines and I'll mark out all the criminal complaints you can file.
[01:56:12.260 --> 01:56:17.260]  And then we look at all of them and then we make up a story
[01:56:17.260 --> 01:56:24.260]  that explains why they're engaging in all this nefarious behavior.
[01:56:24.260 --> 01:56:27.260]  It doesn't matter if it's true or not, just as long as it sounds good.
[01:56:27.260 --> 01:56:32.260]  And then you pick the complaints that lead one to the other
[01:56:32.260 --> 01:56:34.260]  and you start peppering them with them.
[01:56:34.260 --> 01:56:39.260]  The first one first and give it a few days and the next one and then the next one
[01:56:39.260 --> 01:56:40.260]  and then the next one.
[01:56:40.260 --> 01:56:50.260]  And each time the magistrate doesn't issue a warrant, you send him a tort letter.
[01:56:50.260 --> 01:56:54.260]  I already got it written up.
[01:56:54.260 --> 01:57:00.260]  Notice of intent to sue in his personal capacity.
[01:57:00.260 --> 01:57:05.260]  That's going to tighten his anal sphincter big time.
[01:57:05.260 --> 01:57:09.260]  And he's likely to tell these folks, I don't know what's going on,
[01:57:09.260 --> 01:57:14.260]  but I'm not going under the bus for you.
[01:57:14.260 --> 01:57:18.260]  This guy's going to sue me for not acting on complaints against you.
[01:57:18.260 --> 01:57:24.260]  You're going to have to handle this because I'm not getting sued anymore.
[01:57:24.260 --> 01:57:30.260]  Heck, you can pepper around to every JP in the county.
[01:57:30.260 --> 01:57:33.260]  I took my first one to the district judge.
[01:57:33.260 --> 01:57:35.260]  He's a magistrate.
[01:57:35.260 --> 01:57:37.260]  Oh, I know him.
[01:57:37.260 --> 01:57:42.260]  So go in, go find out when he's having a hearing.
[01:57:42.260 --> 01:57:46.260]  Go in, give your criminal complaint to the bailiff, tell the bailiff your name,
[01:57:46.260 --> 01:57:49.260]  and instruct the judge that I have business with the court.
[01:57:49.260 --> 01:57:51.260]  He'll say, man, tell him the date of the business.
[01:57:51.260 --> 01:57:52.260]  Yes, you may.
[01:57:52.260 --> 01:57:56.260]  I'm going to do business and hand him the complaint.
[01:57:56.260 --> 01:57:58.260]  And when the judge gets up and walks out of the courtroom,
[01:57:58.260 --> 01:58:00.260]  you do what I did.
[01:58:00.260 --> 01:58:03.260]  You file criminal complaints against the district judge
[01:58:03.260 --> 01:58:09.260]  with the justice of the peace on the first floor.
[01:58:09.260 --> 01:58:13.260]  Application of duties.
[01:58:13.260 --> 01:58:19.260]  It builds up.
[01:58:19.260 --> 01:58:23.260]  Okay, send me an email to remind me of this.
[01:58:23.260 --> 01:58:27.260]  So the next time I come down there, I'll call you.
[01:58:27.260 --> 01:58:30.260]  Thank you, guys.
[01:58:30.260 --> 01:58:32.260]  Okay, thank you, Stephen.
[01:58:32.260 --> 01:58:34.260]  Thank you, everyone, for listening.
[01:58:34.260 --> 01:58:36.260]  We won't be here tomorrow night.
[01:58:36.260 --> 01:58:38.260]  We've got some scheduled maintenance.
[01:58:38.260 --> 01:58:40.260]  But we'll be back next week.
[01:58:40.260 --> 01:58:42.260]  Thank you all for listening.
[01:58:42.260 --> 01:58:50.260]  And good night.
[01:59:12.260 --> 01:59:14.260]  We'll see you then.
[01:59:42.260 --> 01:59:59.260]  You're listening to the Logos Radio Network at logosradionetwork.com.