ROL_2009-02-09_16k.timecode

[00:00.000 --> 00:09.040]  In Britain, police patrols have been stepped up in Jewish neighborhoods following the
[00:09.040 --> 00:13.200]  most intense period of anti-Semitic incidents in decades.
[00:13.200 --> 00:18.440]  Reports have emerged of members of Britain's Jewish community fleeing the UK.
[00:18.440 --> 00:22.960]  Thousands of residents of the Mexican border city of Reynosa blocked roads to the U.S.
[00:22.960 --> 00:28.320]  Saturday to protest army operations against drug cartels, which they say put children
[00:28.320 --> 00:30.360]  and families at risk.
[00:30.360 --> 00:35.240]  Mexican President Felipe Calderon has sent thousands of soldiers and police to take on
[00:35.240 --> 00:41.200]  powerful drug traffickers, but the assaulters failed to curb violence, with more than 5,700
[00:41.200 --> 00:43.840]  people murdered last year.
[00:43.840 --> 00:49.240]  In the U.S., military has been using Britain's atomic weapons factory, Aldermaston, for research
[00:49.240 --> 00:52.040]  into its own nuclear warhead program.
[00:52.040 --> 00:56.760]  Opposition MPs called for a full inquiry, warning the deal breached international law
[00:56.760 --> 01:06.360]  and meant British taxpayers were subsidizing America's nuclear program.
[01:06.360 --> 01:11.880]  Jefferson Data Plan, a subsidiary of Boeing, is facing a lawsuit involving the kidnapping
[01:11.880 --> 01:13.280]  of five men.
[01:13.280 --> 01:18.960]  The lawsuit claims Jefferson violated international human rights law by aiding in the extraordinary
[01:18.960 --> 01:23.120]  rendition of the men to overseas prisons where they were tortured.
[01:23.120 --> 01:27.720]  The five men are appealing an earlier ruling in which a U.S. district judge dismissed the
[01:27.720 --> 01:33.280]  2007 lawsuit on the grounds the lawsuit concerned state secrets.
[01:33.280 --> 01:37.560]  Under the administration of former President George Bush, the Justice Department argued
[01:37.560 --> 01:43.040]  that confirming the existence of the rendition program could endanger national security.
[01:43.040 --> 01:49.440]  The ACLU contends in the appeal that the CIA program is no secret and the entire world
[01:49.440 --> 01:51.120]  already knows about it.
[01:51.120 --> 01:57.000]  ACLU attorney Ben Wisner said Friday this case presents the first test of the Obama
[01:57.000 --> 02:03.520]  administration's dedication to transparency and willingness to act on its condemnation
[02:03.520 --> 02:11.360]  of torture and rendition.
[02:11.360 --> 02:16.920]  U.S. Treasury Secretary Timothy Geithner Monday announced another taxpayer bailout for banks.
[02:16.920 --> 02:20.880]  The government's new plan will inject billions more taxpayer dollars into the country's
[02:20.880 --> 02:25.080]  troubled banks and rein in their toxic assets.
[02:25.080 --> 02:29.640]  Critics say market fat cats are looking at the handout as the key to steering the global
[02:29.640 --> 02:34.040]  economy out of its deepest recession since World War II.
[02:34.040 --> 02:40.160]  This is in addition to Barack Obama's $820 billion fiscal stimulus plan, which critics
[02:40.160 --> 02:43.680]  say has largely turned out to be more tax cuts for the rich.
[02:43.680 --> 02:49.920]  The latest bank bailout plan, a revamping of the original $700 billion bailout plan approved
[02:49.920 --> 02:56.360]  by Congress and George Bush's Treasury Secretary Henry Paulson, will stop short of creating
[02:56.360 --> 03:23.240]  a so-called bad bank.
[03:27.360 --> 03:30.360]  Bad boys, bad boys, whatcha gonna do?
[03:30.360 --> 03:32.360]  Whatcha gonna do when they come for you?
[03:32.360 --> 03:35.360]  Bad boys, bad boys, whatcha gonna do?
[03:35.360 --> 03:38.360]  Whatcha gonna do when they come for you?
[03:38.360 --> 03:43.360]  When you were eight and you had bad dreams, you'd go to school and learn the golden rules.
[03:43.360 --> 03:46.360]  So why are you acting like a bloody fool?
[03:46.360 --> 03:49.360]  If you get up and your mouth gets cool.
[03:49.360 --> 03:52.360]  Bad boys, bad boys, whatcha gonna do?
[03:52.360 --> 03:54.360]  Whatcha gonna do when they come for you?
[03:54.360 --> 03:57.360]  Bad boys, bad boys, whatcha gonna do?
[03:57.360 --> 04:00.360]  Whatcha gonna do when they come for you?
[04:00.360 --> 04:03.360]  You chuck it on that one, you chuck it on this one.
[04:03.360 --> 04:06.360]  You chuck it on your mother and you chuck it on your father.
[04:06.360 --> 04:09.360]  You chuck it on your brother and you chuck it on your sister.
[04:09.360 --> 04:11.360]  You chuck it on that one and you chuck it on me.
[04:11.360 --> 04:14.360]  Bad boys, bad boys, whatcha gonna do?
[04:14.360 --> 04:16.360]  Whatcha gonna do when they come for you?
[04:16.360 --> 04:19.360]  Bad boys, bad boys, whatcha gonna do?
[04:19.360 --> 04:22.360]  Whatcha gonna do when they come for you?
[04:52.360 --> 05:02.320]  Bad boys, what are you going to do when they come for you?
[05:02.320 --> 05:05.400]  Randy Kelton and Deborah Stevens.
[05:05.400 --> 05:07.120]  All right.
[05:07.120 --> 05:08.120]  We are back.
[05:08.120 --> 05:14.040]  It's Monday, February 9th, February 9th edition of the Rule of Law on Rule of Law Radio.
[05:14.040 --> 05:20.720]  And yes, I wanted to also answer Melissa from Texas, her question a little while ago on
[05:20.720 --> 05:27.560]  the Jurisdictionary Show, yes, actually the Jurisdictionary Show is carried on Rule of
[05:27.560 --> 05:28.560]  Law Radio Network.
[05:28.560 --> 05:30.640]  Actually, we produce that show.
[05:30.640 --> 05:35.360]  He's with our network, Rule of Law Radio Network.
[05:35.360 --> 05:38.160]  Randy and I have founded our own network now.
[05:38.160 --> 05:40.200]  We carry many shows at this point.
[05:40.200 --> 05:42.060]  We're going to be adding more.
[05:42.060 --> 05:46.840]  We have Jurisdictionary on Mondays at 6 p.m., Mondays from 6 to 8.
[05:46.840 --> 05:50.880]  We've got the INN World Report, INN World Report Radio.
[05:50.880 --> 05:56.840]  We carry his show, Tom Kiley, from 6 to 8 on Tuesdays and Thursday nights, Solutions
[05:56.840 --> 06:00.360]  and Criminal Law, Tony Davis.
[06:00.360 --> 06:06.120]  We produce his show 8 to 10 Tuesday nights, Radio Free Oklahoma.
[06:06.120 --> 06:15.440]  We produce them Wednesday nights 8 to 10 p.m. and also Agenda 21, Greg Chapman and Don Terry,
[06:15.440 --> 06:18.720]  our newest hosts, they're on Fridays from 6 to 8.
[06:18.720 --> 06:21.080]  We are not just a radio show anymore.
[06:21.080 --> 06:27.200]  We are a network and we produce many shows and Jurisdictionary is one of our shows.
[06:27.200 --> 06:32.720]  Maybe Frederick may not have announced that on his show, but yes, he's on my network.
[06:32.720 --> 06:35.160]  He's on our network, me and Randy's.
[06:35.160 --> 06:37.200]  I just want to let you guys know that.
[06:37.200 --> 06:42.160]  Everyone out there, things that you may hear on the micros, just look them up and we've
[06:42.160 --> 06:47.960]  got them all on our network.
[06:47.960 --> 06:50.480]  In the meantime, we've got Randy Kelton.
[06:50.480 --> 06:55.920]  He's on the collar bridge right now because he wasn't in a place where he could get online.
[06:55.920 --> 07:02.640]  He's out of town right now dealing with some bad boys, as it were, dealing with some very
[07:02.640 --> 07:10.880]  bad boys who seem to like to beat up on women, these rogue cops in Las Vegas.
[07:10.880 --> 07:14.440]  We'll be hearing more about that in just a few moments, but Randy wanted to go ahead
[07:14.440 --> 07:16.360]  and start in with some callers first.
[07:16.360 --> 07:18.040]  We've got Amy from Alabama.
[07:18.040 --> 07:20.080]  Hey, Amy, thanks for calling in.
[07:20.080 --> 07:21.080]  What's on your mind tonight?
[07:21.080 --> 07:28.200]  Hi, I was just calling to tell you the story of what happened to my stepson and to show
[07:28.200 --> 07:31.640]  people that anybody can do this.
[07:31.640 --> 07:38.760]  He was arrested for a traffic ticket in Texas and his mother, who has not listened to any
[07:38.760 --> 07:43.960]  of anything about what's going on.
[07:43.960 --> 07:48.760]  She kind of lives blindly in the world and doesn't know how to handle herself in any
[07:48.760 --> 07:52.480]  of this.
[07:52.480 --> 07:55.720]  We're here in Alabama, so we couldn't help him.
[07:55.720 --> 08:01.240]  My husband called up his mother and told him that she needed to go down and get a writ
[08:01.240 --> 08:02.240]  of habeas.
[08:02.240 --> 08:06.560]  He mailed her the form so she could fill it out.
[08:06.560 --> 08:11.800]  Wait a minute, Amy, Amy, why was he in jail?
[08:11.800 --> 08:19.920]  For a traffic ticket, for a traffic ticket where there's no jailable offense.
[08:19.920 --> 08:27.440]  His mother took the writ of habeas and ran around the courtroom trying to find a judge
[08:27.440 --> 08:30.960]  who would listen to the writ of habeas and they were all hiding from her.
[08:30.960 --> 08:36.440]  She kept running around, they got so tired of her being there running around them hiding
[08:36.440 --> 08:40.080]  that one of them said, okay, we'll see her.
[08:40.080 --> 08:48.080]  Well, he nonchalantly, he kind of hinted towards the secretary to say that she could go down
[08:48.080 --> 08:56.400]  and if she could get her son to sign that, that he would have the writ of habeas, he
[08:56.400 --> 08:59.400]  would have the hearing.
[08:59.400 --> 09:01.720]  She said okay.
[09:01.720 --> 09:05.880]  She didn't want to go, she was afraid to go down to the sheriff's office, but after
[09:05.880 --> 09:10.520]  coaxing and telling her, just go down there and tell them that the judge wanted the paper
[09:10.520 --> 09:15.640]  signed and she goes, well, go down and say the secretary said to have it signed.
[09:15.640 --> 09:23.520]  So she went down there and told the court, I mean told the jailers that she had to have
[09:23.520 --> 09:29.000]  her, that the court said that the son needed to sign the writ of habeas.
[09:29.000 --> 09:38.000]  So they let her, they even let him come out and see her to sign it.
[09:38.000 --> 09:44.920]  So she signed the paper and it wasn't even, it was that evening they kicked him out and
[09:44.920 --> 09:51.240]  they told him that they kicked him out because there was so many drunks coming in as a Friday
[09:51.240 --> 09:56.440]  night, but they kicked him out because they signed the writ of habeas and they knew what
[09:56.440 --> 10:01.720]  was coming up and they didn't want to have a court date to see, to talk to him.
[10:01.720 --> 10:05.720]  So it just goes to show you, here's this woman, she's full of fear, didn't know what was going
[10:05.720 --> 10:12.440]  on and after a little coaxing and explaining it to her and explaining the process and how
[10:12.440 --> 10:19.480]  they're holding illegally, she managed herself as a pleading mother to go down and present
[10:19.480 --> 10:23.640]  the writ of habeas and he got out.
[10:23.640 --> 10:28.440]  So, what, where was he in jail at?
[10:28.440 --> 10:31.320]  It was in Hurst, Texas.
[10:31.320 --> 10:32.320]  Where?
[10:32.320 --> 10:33.320]  Hurst, Texas.
[10:33.320 --> 10:42.440]  Oh Hurst, oh okay, okay, one of the, for those who don't know, that's mid-city between Dallas
[10:42.440 --> 10:52.280]  and Fort Worth, it's wonderful, we're beginning to get, we're beginning to get better results
[10:52.280 --> 10:54.400]  everywhere.
[10:54.400 --> 11:01.280]  It seems that the different jurisdictions may be talking to each other because we're
[11:01.280 --> 11:03.000]  getting much better response.
[11:03.000 --> 11:08.160]  Yeah, well if we did that out here, they're really ignorant and nobody's really done that
[11:08.160 --> 11:13.760]  to them yet in Alabama, so we're working on getting people to do that more and more so
[11:13.760 --> 11:19.800]  to open their eyes because they aren't trying to be mean, they're just ignorant or they
[11:19.800 --> 11:22.720]  think they can get away with it.
[11:22.720 --> 11:23.720]  Exactly.
[11:23.720 --> 11:31.520]  Amy was with me one time when we went and had a little chat with a sergeant on the Richardson
[11:31.520 --> 11:32.520]  Police Department.
[11:32.520 --> 11:34.520]  Do you remember that, Amy?
[11:34.520 --> 11:44.520]  Yeah, I do, that was really good, that was really amazing to watch these people, like.
[11:44.520 --> 11:52.960]  I had filed criminal charges against a, the judge with the church department, with the
[11:52.960 --> 11:58.320]  Richardson Police Department, I filed it with a lieutenant, it had been a long time before
[11:58.320 --> 12:06.480]  that so we, Amy was in town and we were looking at some issues in Richardson, so I went by
[12:06.480 --> 12:13.760]  the police department and asked for this lieutenant, he wasn't there so the sergeant came out and
[12:13.760 --> 12:20.120]  I asked the sergeant about this criminal complaint I had filed and asked them what they did with
[12:20.120 --> 12:27.520]  it and the sergeant said, well, the lieutenant gave it to the prosecuting attorney.
[12:27.520 --> 12:34.440]  I said, sergeant, tell me he didn't give it to the municipal attorney for the municipal
[12:34.440 --> 12:35.440]  court.
[12:35.440 --> 12:37.440]  Well, yes he did.
[12:37.440 --> 12:44.400]  Sergeant, I want you to take my criminal complaint against the lieutenant.
[12:44.400 --> 12:46.520]  That was a hoot.
[12:46.520 --> 12:56.080]  Sergeant, sergeant really wanted to get upset at me, but he was afraid to.
[12:56.080 --> 12:59.680]  He said he wasn't sure if he could take a complaint or not and I assured him that he
[12:59.680 --> 13:07.400]  could, I took out my blank criminal complaints and wrote one out, here, verify this and he
[13:07.400 --> 13:12.360]  said, well, I don't know if I, he said, I really don't want to verify it.
[13:12.360 --> 13:16.040]  Sergeant, are you refusing to take a criminal complaint?
[13:16.040 --> 13:19.640]  Oh no, no, no, I didn't say that.
[13:19.640 --> 13:27.240]  We have someone here who does all of our notary for us, that'll work, so I got it notarized
[13:27.240 --> 13:34.840]  and gave it to the sergeant and I just haven't had time to go back after the sergeant, but
[13:34.840 --> 13:37.840]  it sure was fun making him squirm.
[13:37.840 --> 13:40.840]  Yeah, he was squirming.
[13:40.840 --> 13:47.000]  Well, with all this, go learn.
[13:47.000 --> 13:50.360]  Thank you for calling, Amy, and I'm glad you're getting results.
[13:50.360 --> 13:53.400]  Yeah, thank you, Randy.
[13:53.400 --> 13:54.400]  Bye.
[13:54.400 --> 13:55.400]  Debbie there?
[13:55.400 --> 13:56.400]  All right, excellent, yes.
[13:56.400 --> 13:57.400]  Oh.
[13:57.400 --> 13:58.400]  Should we bring up Robert in Ohio?
[13:58.400 --> 13:59.400]  Yes.
[13:59.400 --> 14:00.400]  All right, here we go.
[14:00.400 --> 14:08.560]  All right, we got Robert in Ohio, thanks for calling in, Robert, what's on your mind
[14:08.560 --> 14:09.560]  tonight?
[14:09.560 --> 14:16.120]  Well, actually, my brother just recommended me to you guys, give much props to him, Dan
[14:16.120 --> 14:18.120]  Hershberger in Austin, Texas, right now.
[14:18.120 --> 14:24.880]  He told me to call in because I'm actually having a kind of a difficult situation.
[14:24.880 --> 14:31.800]  I was actually running in a vehicle with my friend and the Portage County Police pulled
[14:31.800 --> 14:36.480]  me over, the Kent Police Department in Ohio, pulled me over or pulled us over.
[14:36.480 --> 14:44.640]  He was driving because I don't have a license, but my friend actually had plenty of previous
[14:44.640 --> 14:52.640]  felonies on his record and, well, they decided to pull us out of the car and they searched
[14:52.640 --> 14:57.920]  the car and they found some Adderall that was in the car from somebody else.
[14:57.920 --> 15:03.040]  I don't know whose they were, but the thing was we just got done smoking a little bit
[15:03.040 --> 15:10.040]  of marijuana and I was nervous because I don't really have much of a record, but I was just
[15:10.040 --> 15:17.240]  wondering what can I do because they're trying to get me on a felony five charge now for
[15:17.240 --> 15:24.800]  these, you know, they got me on an aggravated drug possession charge and okay, this is what
[15:24.800 --> 15:25.800]  they're doing.
[15:25.800 --> 15:34.400]  They're trying to frighten you, it is very clear and very well settled in the law that
[15:34.400 --> 15:43.520]  a passenger in an automobile doesn't have a duty to know everything that's in the automobile
[15:43.520 --> 15:47.280]  unless it belongs to him.
[15:47.280 --> 15:57.560]  This was not your automobile, you were a passenger and they would have to find the drugs on your
[15:57.560 --> 16:02.320]  possession, in your possession to charge you.
[16:02.320 --> 16:09.320]  Now here's the deal how it works in the real world, they can charge you with anything they
[16:09.320 --> 16:19.920]  want to and you have to fight it and up until this point no one's gone after the officer
[16:19.920 --> 16:22.960]  himself when he files a bogus charge.
[16:22.960 --> 16:28.360]  This is a charge that they know full well is unfounded.
[16:28.360 --> 16:35.920]  So it doesn't even matter if they're out of jurisdiction, because they put us up in
[16:35.920 --> 16:39.840]  the county and they were actually the camp police department.
[16:39.840 --> 16:44.080]  Okay, listen, we're going to break, we need to hold you over to the other side, okay Robert?
[16:44.080 --> 16:45.080]  Alright.
[16:45.080 --> 16:58.800]  Okay, we'll be right back.
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[18:26.120 --> 18:42.960]  I've got to believe my heart, I've got to believe my ears, I've got to believe my heart,
[18:42.960 --> 18:57.160]  I've got to believe my hands, I've got to believe my hands, yeah, if I can't believe
[18:57.160 --> 19:10.640]  the newspapers, I've got to believe my heart, if I can't believe the radio, I've got to
[19:10.640 --> 19:20.080]  in this wilderness alone. Troubles you bring to me make me feel like strong. Just because you can't
[19:20.080 --> 19:43.280]  find belief in this reality. All right we are back the rule of law Randy Kelton and Debra Stevens
[19:43.280 --> 19:57.800]  and yes indeed Robert there's plenty of precedent in law to show that there is really nothing that
[19:57.800 --> 20:07.160]  they can do the passengers so go ahead Randy. You were saying just before the break that they
[20:07.160 --> 20:14.920]  were not in their jurisdiction. No they actually pulled us over right after the jurisdictional
[20:14.920 --> 20:24.040]  line which was in Summit County. How far? I mean immediately after? I would say a couple blocks
[20:24.040 --> 20:31.680]  not even maybe not even half a mile. That's enough they can do that. As a rule here in Texas they've
[20:31.680 --> 20:43.400]  got if they see you 400 yards outside the jurisdiction they have jurisdiction that far
[20:43.400 --> 20:52.480]  out directly. Say they're driving down a street that is the border and they see you across the
[20:52.480 --> 20:58.240]  street but then the other jurisdiction commit a crime. They have jurisdiction 400 yards in. Here
[20:58.240 --> 21:05.240]  in Texas it's going to be similar in other states the distance may vary somewhat. However if they
[21:05.240 --> 21:15.840]  follow you from their jurisdiction into another jurisdiction then they can stop you. If they're
[21:15.840 --> 21:28.160]  beyond the 400 yards or whatever the statutory limit is in Ohio and they arrest you. If
[21:28.160 --> 21:33.880]  they're within the 400 yards they can take you back to their county. If they're beyond the statutory
[21:33.880 --> 21:42.880]  limit then they have to take you to jail in the county where they arrested you. Okay. Okay
[21:42.880 --> 21:49.840]  jurisdiction you won't get. However what was the nature of the probable cause of stop? Actually
[21:49.840 --> 21:57.080]  the truck that I was riding in the rear lights didn't work. That's what gave them the reason
[21:57.080 --> 22:02.240]  to follow us in the first place. Okay they got probable cause for the stop. What gave
[22:02.240 --> 22:09.360]  them probable cause to search the vehicle? The driver of the vehicle actually had plenty
[22:09.360 --> 22:17.520]  of previous felony charges over his head so. Was he on probation? No actually he was he was
[22:17.520 --> 22:23.880]  clear of anything he already they don't have any yeah he was he was he had nothing to worry
[22:23.880 --> 22:33.080]  about. I mean he was a legitimate driver so. If he was clean then they have no they had
[22:33.080 --> 22:41.440]  no probable cause. Yeah I mean like I said I mean they they actually. Did they smell
[22:41.440 --> 22:50.200]  marijuana? No they did not smell no marijuana. Okay so they just searched the vehicle because
[22:50.200 --> 23:01.640]  he was a known felon. Yeah of his previous record yes. Not good enough. Can't do that.
[23:01.640 --> 23:06.360]  So they didn't have probable cause to search the vehicle did did they ask permission to
[23:06.360 --> 23:12.840]  search the vehicle? They did I mean they asked if there was any drugs or alcohol in the car
[23:12.840 --> 23:17.560]  and the driver said no and then they asked if they can search the vehicle and they were
[23:17.560 --> 23:22.680]  given permission in which they found an open container which he didn't realize he had in
[23:22.680 --> 23:31.880]  the car. Okay when you see this guy again. What's that? When you see this guy again slap
[23:31.880 --> 23:45.120]  him real hard up beside his head. Always tell them no do not search my vehicle and if they
[23:45.120 --> 23:57.040]  make any threats then pick out your own cell phone and dial 911. Okay. Because they have
[23:57.040 --> 24:03.480]  no authority they not only can they not search your vehicle they can't hold you while they
[24:03.480 --> 24:09.920]  get a warrant. If they don't have a warrant in their hand they can't hold you while they
[24:09.920 --> 24:17.840]  go get one. And I tell you calling 911 is a hoot. Shut this policeman out here doing
[24:17.840 --> 24:25.400]  this little song and dance and trying to press you in to give it up your rights the first
[24:25.400 --> 24:31.800]  thing you do is call the police on him. Alright and the police I get a hold of the police
[24:31.800 --> 24:35.520]  department I tell them I got this guy out here and he's committing all kinds of crimes
[24:35.520 --> 24:42.120]  I need you to send an officer out here to take a voluntary statement and take my criminal
[24:42.120 --> 24:49.320]  complaint against him. I always wind up getting one dispatched but not always my buddy but
[24:49.320 --> 24:57.080]  always get one. Now you got this policeman out here who is doing his little deal and
[24:57.080 --> 25:03.520]  you call and get a dispatch record of you calling asking for a policeman to protect
[25:03.520 --> 25:13.920]  you from this policeman. Now they got a problem. And then you try to get him to arrest this
[25:13.920 --> 25:20.640]  policeman well he's not going to do that but you insist and he's going to ask you why and
[25:20.640 --> 25:27.640]  now you have one policeman standing here watching you try to convince another policeman to arrest
[25:27.640 --> 25:34.960]  him and they find that most embarrassing and what they wind up doing especially if you
[25:34.960 --> 25:41.320]  keep your cool is they keep thinking you know what's going to happen when this gets in front
[25:41.320 --> 25:47.440]  of the judge or when I have to explain this to a prosecuting attorney he's going to want
[25:47.440 --> 25:53.320]  to know why a citizen called the police on me and I'm going to explain well I didn't
[25:53.320 --> 25:59.880]  do anything wrong and the prosecutor is not going to believe that. It makes them extremely
[25:59.880 --> 26:03.480]  nervous and extremely cautious. Now the first thing you figure they're probably going to
[26:03.480 --> 26:14.840]  do is try to get back at you for it. Now there are some things you can do that they'll try
[26:14.840 --> 26:25.160]  to get back at you for but when you go over their boss's head and start making complaints
[26:25.160 --> 26:32.120]  that have a tendency to go to the prosecuting attorney and judges it scares the crap out
[26:32.120 --> 26:41.760]  of these guys. The last thing they want is more of that. I assure you you don't know
[26:41.760 --> 26:49.960]  anyone who gives the police more grief than me. I will call 911 on them at the drop of
[26:49.960 --> 27:00.560]  a hat just for yucks. They really hate that but the problem is there's not anything they
[27:00.560 --> 27:07.960]  can do because once I call 911 on him if he looks cross-eyed at me I'll call the police.
[27:07.960 --> 27:16.480]  I accuse him of retaliation. See you have poisoned his well and he will know that you've
[27:16.480 --> 27:23.160]  poisoned his well and he will know that you know and he's most likely to tell every other
[27:23.160 --> 27:30.560]  policeman leave that no good sob alone because if another policeman stops me I'm going to
[27:30.560 --> 27:44.160]  choose that guy instead of him. Is there anything I can do because now they want me to do an
[27:44.160 --> 27:50.880]  ILC evaluation with this intervention of lieu of conviction. They want me to do that but
[27:50.880 --> 28:02.160]  I visited the nearest town hall rehabilitation center and asked their information. They said
[28:02.160 --> 28:07.120]  since I'm not really on anything and unless I fill a drug test basically I'm going to
[28:07.120 --> 28:16.760]  prison. What can I do about that? They're lying. They don't have anything on you. Understand
[28:16.760 --> 28:26.040]  it's legal for them to lie to you. The courts have said that under certain circumstances
[28:26.040 --> 28:34.400]  they can lie to you and this is one of them. They can lie like a dog. So when I talk to
[28:34.400 --> 28:43.520]  these people I always assume they're lying. Because the courts authorize them to lie it's
[28:43.520 --> 28:51.480]  prudent to always assume they're lying. Anything they say you assume it's not true and in this
[28:51.480 --> 29:00.120]  case it's not if they found no drugs on you personally. Oh one other question were the
[29:00.120 --> 29:07.720]  drugs in plain sight? No they were not. The drugs that they actually tried to convict
[29:07.720 --> 29:15.720]  me on were actually hidden in the passenger side door of the vehicle. Okay good enough.
[29:15.720 --> 29:22.760]  In a cigarette pack in a silver plant though. Okay so they cannot connect the drugs directly
[29:22.760 --> 29:28.680]  to you. Do they find your fingerprints on the cigarette pack? I have no idea. I smoked
[29:28.680 --> 29:34.200]  Marlboro's and they found it in an empty Marlboro pack but they also found many Marlboro packs
[29:34.200 --> 29:40.000]  in the vehicle. So that's not good enough. That's not good enough for probable cause.
[29:40.000 --> 29:45.080]  They have a probable cause. Okay listen we're going to break. Alright hang on the line we'll
[29:45.080 --> 30:00.880]  be right back. Thank you. Gold prices are at historic highs and with the recent pullback
[30:00.880 --> 30:05.760]  this is a great time to buy. With the value of the dollar, risks of inflation, geopolitical
[30:05.760 --> 30:11.200]  uncertainties and instability in world financial systems I see gold going up much higher. Hi
[30:11.200 --> 30:15.560]  I'm Tim Fry at Roberts and Roberts Brokerage. Everybody should have some of their assets
[30:15.560 --> 30:20.520]  in investment grade precious metals. At Roberts and Roberts brokerage you can buy gold, silver
[30:20.520 --> 30:24.760]  and platinum with confidence from a brokerage that specialized in the precious metals market
[30:24.760 --> 30:30.320]  since 1977. If you are new to precious metals we will happily provide you with the information
[30:30.320 --> 30:35.380]  you need to make an informed decision whether or not you choose to purchase from us. Also
[30:35.380 --> 30:39.320]  Roberts and Roberts brokerage values your privacy and will always advise you in the
[30:39.320 --> 30:43.920]  event that we would be required to report any transaction. If you have gold, silver
[30:43.920 --> 30:51.520]  or platinum you'd like to sell we can convert it for immediate payment. Call us at 800-874-9760.
[30:51.520 --> 30:58.520]  Here at Roberts and Roberts brokerage, 800-874-9760.
[31:21.520 --> 31:40.840]  All right we are back the rule of law, rule of law radio. This is our network ruleoflawradio.com.
[31:40.840 --> 31:49.820]  You can listen to our stream there and we are speaking now with Robert in Ohio. Okay
[31:49.820 --> 32:00.400]  please continue. Okay we were talking about police will lie to you and they're probable
[32:00.400 --> 32:06.200]  cause. What they will do, what they're going to want to do when they stop you or when they
[32:06.200 --> 32:11.880]  think they got a way to get at you, they're going to charge you with the most serious
[32:11.880 --> 32:18.120]  crime they could come up with. Oh exactly, exactly. And they don't care if they can get
[32:18.120 --> 32:23.680]  a conviction or not cause they're pretty sure if they put the squeeze on you and they squeeze
[32:23.680 --> 32:29.880]  on you long enough you'll knuckle under and roll over for them. Ninety-nine percent of
[32:29.880 --> 32:36.040]  people do. Yeah. But they, here they have a charge they absolutely know they cannot
[32:36.040 --> 32:45.720]  convict them. So if you hold out you don't lay down. At the very least if you fight them
[32:45.720 --> 32:54.080]  good and hard they will make you a whole lot better deal. But in this particular case if
[32:54.080 --> 32:59.360]  this is all the facts they have they have nothing. Alright cause I mean they did search
[32:59.360 --> 33:07.320]  me three times. Alright I admit I had not even a gram of marijuana hidden in my shoe
[33:07.320 --> 33:12.840]  towards the toe. Alright and well they searched me three times. They didn't find nothing on
[33:12.840 --> 33:17.440]  me. They still put me in the cuffs and put me in the car and when they took me downtown
[33:17.440 --> 33:22.640]  to the station you know that's when they made me take my shoe off, my shoes off and that's
[33:22.640 --> 33:28.200]  when they found less than a gram of marijuana on my possession. When I went to court the
[33:28.200 --> 33:32.240]  next day the judge dropped it immediately because they were more concerned about getting
[33:32.240 --> 33:39.280]  that felony five on me. Right and they searched you three times before they found it. No way.
[33:39.280 --> 33:47.960]  The judge moved. They put me in the car with I mean I rode in the cop car down to the station
[33:47.960 --> 33:54.240]  with the marijuana in my shoe. They didn't even find it. Okay okay no no no you're mistaken
[33:54.240 --> 34:01.080]  that's not what happened. What happened is you never had that marijuana at all they searched
[34:01.080 --> 34:05.640]  you three times. Yeah basically. And when they couldn't find any they took your shoes
[34:05.640 --> 34:13.040]  off and put something in your shoes. They searched you three times. Yeah. The judge
[34:13.040 --> 34:20.040]  knew full well, full well that there was no way they could get that marijuana past the
[34:20.040 --> 34:28.280]  jury. Because they searched you three times. Yeah. If they were competent police officers
[34:28.280 --> 34:33.360]  they would have found it the first time or at least the second time but why did they
[34:33.360 --> 34:39.760]  search you three times unless they were looking for a place to put it. That's why the judge
[34:39.760 --> 34:47.960]  dropped it because he knew that they couldn't use it. So they don't have that. That's probably
[34:47.960 --> 34:51.120]  why they dropped it because they knew they had nothing and they wanted to go for the
[34:51.120 --> 34:55.960]  more serious crime. Well they absolutely don't have more serious crime. Right. It's well
[34:55.960 --> 35:03.320]  established that you can't be charged with possession unless they can can directly connect
[35:03.320 --> 35:10.520]  you to the marijuana or the drug or whatever it was. The driver they can connect because
[35:10.520 --> 35:17.800]  he owns the vehicle. It's presumed that what's in the vehicle is his and is in his possession.
[35:17.800 --> 35:20.280]  That's what I always thought. That's what I always thought. Anything that was in the
[35:20.280 --> 35:26.320]  vehicle was automatically the driver's possession. Exactly. He could have just picked you up
[35:26.320 --> 35:33.040]  two blocks back to give you a lift. And had all that stuff on in the vehicle. And you
[35:33.040 --> 35:41.680]  have no duty to search his car before you get in it. Yeah. So reasonably they have no
[35:41.680 --> 35:47.760]  reasonable probable cause to attach you to the product and they know that. And if you
[35:47.760 --> 35:56.240]  tell them that you know that they know that, that this charge is a matter of aggravated
[35:56.240 --> 36:07.840]  perjury malicious prosecution and don't roll over for them, it's going to go away. The
[36:07.840 --> 36:10.560]  prosecutor is not going to get into court with something like that because he knows
[36:10.560 --> 36:16.000]  the court to pronounce. Unless they have an incredibly corrupt court where the prosecutor
[36:16.000 --> 36:23.520]  can do anything he wants and he doesn't have to care about law. That's a possibility.
[36:23.520 --> 36:36.240]  This is Ohio, man. Not too simple around here. Unfortunately, I hear that about every state.
[36:36.240 --> 36:41.480]  Everybody thinks their state is the most corrupt. And I'm really beginning to think there is
[36:41.480 --> 36:48.760]  no most corrupt state. They're all equally corrupt. During the time I get my license
[36:48.760 --> 36:57.160]  back, because I got actually pulled over two years, two years ago for my first DOI offense.
[36:57.160 --> 37:04.680]  And they took my license for two years and which caused me to lose my position in employment
[37:04.680 --> 37:11.160]  and was not able to pay child support. So therefore, since I'm backed up on child support
[37:11.160 --> 37:15.880]  now, because I can't drive nowhere, I get to depend on other people to drive me around.
[37:15.880 --> 37:23.560]  What was your first DOI? My very first DOI. I got two years of my license
[37:23.560 --> 37:28.680]  suspended in a six year jail sentence. How DOI were you?
[37:31.960 --> 37:37.080]  Well, after I made the deal, they dropped it down to a 1.75 or something like that.
[37:37.080 --> 37:41.640]  Oh, when they pulled you over, how DOI were you?
[37:44.040 --> 37:48.200]  Well, it was a 1.8 something.
[37:48.200 --> 37:53.240]  Oh, then you just barely. Is that standard for Ohio?
[37:55.400 --> 38:00.600]  I have no idea. I mean, I know here basically you can't even drink a beer and get behind
[38:00.600 --> 38:05.240]  the wheel because they'll get you a DOI. I mean, I was drinking a lot at the time.
[38:05.240 --> 38:14.040]  And, you know, I had a tolerance, so I was able to drink basically three 24 ounce cans
[38:14.840 --> 38:19.480]  of a certain beer. And it was nothing to me. And they pulled me over.
[38:21.960 --> 38:28.040]  You should probably be able to get an occupational license.
[38:28.040 --> 38:36.440]  A license that will allow you to drive to work and back. They normally do that.
[38:37.080 --> 38:44.840]  Because as long as that's your, if you hadn't had two or three DOIs after that, then no PIs,
[38:44.840 --> 38:50.040]  you know, anything to any drug, any alcohol related or drug related offense after that,
[38:50.040 --> 38:52.840]  you should be able to get an occupational license.
[38:52.840 --> 38:58.600]  All right. All right. Thank you. Look into that. I may take care of that problem.
[38:59.560 --> 39:01.480]  All right. I appreciate it.
[39:02.040 --> 39:02.760]  Okay. Thank you.
[39:03.480 --> 39:04.040]  All right. Thanks.
[39:05.480 --> 39:05.980]  Take care.
[39:06.920 --> 39:12.600]  Okay. Now we have Randy from Austin, our favorite caller.
[39:16.280 --> 39:17.000]  Randy, are you there?
[39:17.000 --> 39:22.520]  Randy, are you there? Can you pull him up? Randy?
[39:23.240 --> 39:27.240]  I got him pulled up. I've got him. He should be online. Randy, can you hear me?
[39:27.240 --> 39:30.280]  I hear y'all, but I don't think y'all can hear me.
[39:30.280 --> 39:31.800]  Okay. We can hear you now. Go ahead.
[39:33.880 --> 39:39.880]  I was just calling in. I'm getting ready to go to my hearing tomorrow.
[39:39.880 --> 39:48.280]  And I'd filed a, I'd sent you a copy of the motion to dismiss based on its fit.
[39:48.280 --> 39:53.800]  Beautiful. And they never bring it up. And they keep your bond.
[39:55.080 --> 39:59.720]  So they like it better because they get double the amount they would have if you didn't appeal.
[40:00.760 --> 40:04.680]  If you're, if you're challenging your, the jurisdiction of the court,
[40:04.680 --> 40:06.680]  they're going to ask you to post something?
[40:06.680 --> 40:08.520]  Double the amount of a fine.
[40:10.760 --> 40:13.240]  Well, it sounds like you file a criminal complaint of theft.
[40:13.800 --> 40:16.040]  I might try a real mandamus first.
[40:18.760 --> 40:19.800]  Is this traffic?
[40:21.800 --> 40:23.800]  It's just traffic. Yeah, it's real mandamus.
[40:23.800 --> 40:26.520]  It's still real mandamus to the county court. That's not an appeal.
[40:30.040 --> 40:32.040]  You can file the real mandamus anytime.
[40:32.040 --> 40:40.040]  But I thought I'd file, I had to file a writ of mandamus if they had were encumbering me
[40:40.040 --> 40:44.040]  or had me arrested. No, that's habeas corpus.
[40:45.160 --> 40:52.360]  Okay. It looks, it looked the same and they both fall under a chapter 52 rules of appellate
[40:52.360 --> 41:01.160]  procedure, but a writ of mandamus is a petition to ask the court to file a criminal complaint.
[41:01.160 --> 41:07.640]  The court to mandate that the lower court do what the law commands them to do.
[41:11.080 --> 41:14.840]  And if, if the law commands that they dismiss for lack of jurisdiction,
[41:16.280 --> 41:19.720]  an appeal is inappropriate here because they never had jurisdiction to start with.
[41:20.440 --> 41:22.120]  A writ of mandamus is appropriate.
[41:24.440 --> 41:28.040]  And then you don't have to post double the amount of fine and have them ignore it and
[41:28.040 --> 41:32.120]  just keep your money. Well, I thought if you, if you're
[41:32.120 --> 41:38.200]  challenging jurisdiction and they, and the court says, no, we have it. And you say I'm appealing
[41:38.200 --> 41:42.600]  that they have to go, that everything stops and it has to go and be heard.
[41:45.160 --> 41:48.920]  That's something for which you file an interlocutory appeal.
[41:48.920 --> 41:57.560]  So it wouldn't be a standard appeal. I'm not sure how an interlocutory appeal from a justice
[41:57.560 --> 42:06.200]  or municipal court would work. I don't know if you'd have to file an appeal bond because
[42:06.200 --> 42:12.600]  it's not an appeal after conviction. It's not interlocutory. So the, the case itself is still
[42:12.600 --> 42:17.480]  going on. You should have to pay post no bond to file an interlocutory appeal.
[42:17.480 --> 42:22.360]  Right. And that's, that's, that's kind of what I'm saying is, is that, you know, there's no
[42:22.360 --> 42:26.760]  jurisdiction. I mean, there's, there's the only stuff in the file is what I've created,
[42:27.720 --> 42:31.480]  except for their one, you know, I guess color of law letter.
[42:32.760 --> 42:38.760]  And I just don't see how they can keep proceeding. I guess they just figured they'll just run me over.
[42:38.760 --> 42:41.960]  But have you filed criminal charges against the judge yet?
[42:41.960 --> 42:48.840]  Have you filed criminal charges against the judge yet? No, I was going to go and just kind of see
[42:48.840 --> 42:57.960]  what they did and see, you know, basically just kind of get the feel for what, what, what it is,
[42:58.600 --> 43:03.000]  what they're wanting to try and do. But because my feeling is, is that I could file on the judge
[43:03.000 --> 43:07.080]  anytime I want, I can file on the prosecutor anytime I want. I mean, he's proceeding without
[43:07.080 --> 43:15.720]  anything except for that citation. And there's the insufficiency of service. You know, I mean,
[43:15.720 --> 43:21.720]  they didn't follow any of the statutes on service. You know, sheriff never came out, none of it issued
[43:21.720 --> 43:28.200]  from the court. The letter of notice to appear was not, you know, it doesn't qualify. And that's all
[43:28.200 --> 43:35.960]  in that, in that motion to dismiss that I sent you. And I haven't even got to subject matter
[43:35.960 --> 43:44.760]  jurisdiction, which they don't have either. Most of this is insufficiency of service.
[43:46.040 --> 43:52.280]  Right. I'm going, I'm going for, you know, look, you're not, you know, before, before I start
[43:52.280 --> 43:56.840]  finding them on the subject matter, I figured I'd find them on the fact that, you know, what do you,
[43:56.840 --> 44:00.840]  where's your jurisdiction to begin with? You don't have any. Yeah, subject matter. Yeah,
[44:00.840 --> 44:05.000]  that should be the very first thing. And if the judge attempts to exercise subject matter
[44:05.000 --> 44:13.400]  jurisdiction, all criminal charges against me. If I go out and rent a uniform at the uniform store
[44:14.200 --> 44:20.280]  and rent a badge, stick the badge on and get a bubblegum put on top of my car and pull you over,
[44:21.480 --> 44:23.960]  are you going to file a challenge to my jurisdiction?
[44:25.960 --> 44:30.200]  Are you going to file criminal charges for impersonating a public official?
[44:30.200 --> 44:34.920]  If he doesn't have subject matter jurisdiction, he's impersonating a public official.
[44:36.440 --> 44:40.920]  Well, I don't think they have, they don't have in persona nor subject matter. I mean, they have,
[44:40.920 --> 44:45.240]  they have none. You know, I don't know how the heck they proceed in these courts, to be honest with
[44:45.240 --> 44:50.840]  you. I just, after looking into this as much as I have, I'm just baffled that they can away with it.
[44:50.840 --> 45:02.440]  If you, if you live within the boundaries of the municipality, they have in persona.
[45:03.640 --> 45:10.200]  But not if they don't follow process. Well, that goes to subject matter. And all of this so far
[45:10.200 --> 45:18.840]  goes to subject matter. They have in persona if you're within the venue. Subject matter is the big
[45:18.840 --> 45:28.360]  deal. They got to get subject matter before they can even consider in persona. Well, they don't
[45:28.360 --> 45:33.640]  have anything that's best I can tell. And they've broken, I don't know how many statutes and rules.
[45:35.160 --> 45:39.080]  That's why you should be treating them just like the guy that goes out and rents the uniform.
[45:40.200 --> 45:41.000]  They're no different.
[45:41.000 --> 45:46.040]  They have no more authority than I would have if I went and rented a uniform and pulled you over.
[45:48.200 --> 45:51.080]  They're criminals. You should treat them as such.
[45:51.080 --> 45:54.520]  So, official oppression on the judge and the prosecutor?
[45:54.520 --> 45:56.520]  Impersonating the public official.
[45:58.520 --> 46:02.520]  And that's because they have no jurisdiction?
[46:02.520 --> 46:06.920]  Because in this case, they are not a public official.
[46:06.920 --> 46:13.960]  I mean, okay, the judge is a judge. Okay. So, say the municipal judge goes to Kansas
[46:16.200 --> 46:23.240]  and tells them, okay, Bubba, I'm the judge. Well, no, you're not. Okay, you may be a judge,
[46:24.360 --> 46:30.280]  but not here in this case at this time. You're not a judge because you don't have your jurisdiction
[46:30.280 --> 46:37.080]  here. Anytime he doesn't have a subject matter of jurisdiction, he's not a judge. He's just a person.
[46:38.600 --> 46:41.240]  And the same thing would hold for the prosecutor too?
[46:41.240 --> 46:43.240]  Absolutely.
[46:43.240 --> 46:48.200]  Now, do you go after his boss, the county attorney, and the individual?
[46:49.240 --> 46:55.240]  The county attorney is the... Okay, this is a JP court?
[46:55.240 --> 47:00.360]  Yeah, it's the county attorney's prosecutors, the one pushing it.
[47:00.360 --> 47:06.360]  Oh, yes. Go after the county attorney, respondent superior.
[47:08.360 --> 47:15.240]  And I was reading through causes of action today. There's a lot more that you can get for aiding
[47:15.240 --> 47:24.760]  and abetting. This also goes to contorts. Contorts were great. This is something I was reading
[47:24.760 --> 47:32.200]  earlier, but I'll talk about that later. Can we hold up on you for a minute? Randy, we've got
[47:32.200 --> 47:35.240]  Meta, and she's here calling in on a satellite file.
[47:35.240 --> 47:39.800]  Yeah, and Scott from Connecticut. And also, I have an announcement for you, Randy.
[47:39.800 --> 47:45.640]  She's here calling in on a satellite file. Yeah, and Scott from Connecticut. And also, I have an announcement to make.
[47:47.000 --> 47:53.400]  The internet was down over here at the studio for a minute or two, so that's why we lost the stream.
[47:54.040 --> 47:56.840]  For those of you out there listening on the stream, that's what happened. It has nothing to
[47:56.840 --> 48:03.720]  do with me or my equipment. The reason that these kinds of things happen, people, is because
[48:03.720 --> 48:10.280]  I'm on residential internet connection with Time Warner Cable. And when you have residential
[48:10.280 --> 48:18.920]  internet connection, they do not guarantee, under their terms of service, 100% uninterrupted
[48:18.920 --> 48:26.200]  continuous access to the internet, because they do maintenance. You may not have internet
[48:26.200 --> 48:31.400]  connection for a few seconds here and there. And for most people who just browse the internet
[48:31.400 --> 48:35.560]  or whatever, you never even notice it. You'll pull up a website, and you may lose your internet
[48:35.560 --> 48:41.000]  connection, and it'll be back before you even know it. In order to get continuous, 100%
[48:41.000 --> 48:46.040]  all the time, uninterrupted internet connection, you have to pay for business class service.
[48:46.040 --> 48:50.600]  And I just don't have the money to do that right now. So I'm sorry, listeners. That's what's going on.
[48:50.600 --> 48:57.480]  That's the way it is. I can't really do anything about it at this time. I can't ride on Time
[48:57.480 --> 49:02.040]  Warner about it, because they don't promise that under their terms of service. I know that they've
[49:02.040 --> 49:08.760]  been doing some internet maintenance in the area, and so that's probably what's going on. So if we
[49:08.760 --> 49:14.440]  lose the stream for a few seconds, just hang on. We'll get it back as soon as we can. Maybe after
[49:14.440 --> 49:17.960]  we start getting some more sponsors and things like that, I'll be able to upgrade to business
[49:17.960 --> 49:25.080]  class. Okay, so keeping that in mind, let's continue on with the show. We'll go to Meta,
[49:25.080 --> 49:30.120]  because she usually calls on a satellite phone. So let's see what's going on with Meta.
[49:31.400 --> 49:38.360]  Hey, Meta. Thanks for calling in. This is Pat. Meta's open. Okay, Pat, what's on your mind tonight?
[49:39.400 --> 49:46.360]  Well, a couple of different things. We got a very, very interesting letter in, to say the least,
[49:46.360 --> 49:52.680]  from the head of the local border patrol office here, because what started our whole
[49:52.680 --> 49:59.480]  whole scenario of things back in the end of October was the criminal activity of a couple
[49:59.480 --> 50:07.160]  of border patrol agents. Now, they are threatening me with arrest for interfering with their
[50:08.680 --> 50:18.760]  official duties by not allowing them on the property. They're putting Title 8, Section 352A,
[50:18.760 --> 50:29.160]  I believe, which, if they had jurisdiction within the state, might apply. But looking at state codes
[50:30.200 --> 50:34.360]  and all the jurisdictional stuff that Larry B. Craft has got out there,
[50:36.680 --> 50:43.880]  I really question that, but it's kind of an immaterial thing. What I was calling in to find out
[50:43.880 --> 50:52.120]  is if you or Randy knew somebody that was really up to speed on the federal side of the house,
[50:53.080 --> 50:59.000]  because I have a feeling that knowing the way that our federal friends react to
[51:00.840 --> 51:08.040]  property owners giving them negative feedback, it says, I will probably be sitting in a jet
[51:08.040 --> 51:14.680]  shackled going overseas to see if I can get you a water board here within about three to four weeks,
[51:15.480 --> 51:26.680]  whether I want it or not. Well, it's always been my opinion that the best defense is a good,
[51:26.680 --> 51:34.360]  aggressive offense. Well, I agree with you. So you might file against these, whoever sent you
[51:34.360 --> 51:43.480]  that letter, with the federal court charging him with retaliation. Because you have made
[51:43.480 --> 51:49.640]  criminal accusations against his officers, he's retaliating against you by threatening you with
[51:49.640 --> 52:00.200]  federal prosecution when he has no authority. Yeah, he has no authority, but... 18 U.S. Code 242,
[52:00.200 --> 52:10.040]  it would be the appropriate one to go for there. I was just doing some research yesterday,
[52:10.040 --> 52:20.360]  and I came across 18 U.S. Code 13. You should look at that one. What it says is,
[52:21.160 --> 52:29.240]  is if there's not a federal statute covering something specifically, and there is a state
[52:29.240 --> 52:37.240]  statute, you can use the state statute. Even in public court?
[52:37.240 --> 52:38.680]  Yes. I love that one.
[52:39.400 --> 52:48.280]  So if he's within the jurisdiction of the state, and it goes to hierarchy of law, if he's a fed
[52:48.920 --> 52:54.200]  within the jurisdictional boundaries of the state, because he's a fed, the federal law
[52:54.200 --> 53:00.600]  is the highest law. But if the federal statute doesn't specifically apply to something in
[53:00.600 --> 53:07.080]  particular, and a state statute does, you can use the state statute.
[53:07.080 --> 53:20.760]  Well, he's calling for his authority, Title 8 U.S. Code 352A, which has to do with
[53:20.760 --> 53:26.440]  search and seizure and arrest of illegal aliens within 25 miles of the border.
[53:28.280 --> 53:33.160]  But they weren't coming on to search or do anything for illegal aliens. They were looking
[53:33.160 --> 53:38.600]  for a backpack that may have contained a drug, close unquote.
[53:43.800 --> 53:49.080]  He's trying to use an alien, illegal alien statute in a drug investigation.
[53:49.080 --> 53:50.440]  Retaliation. Yeah.
[53:56.280 --> 54:04.040]  Good one to go after him for. Once you file against him, he is hamstrung.
[54:06.920 --> 54:10.120]  He tries to come after you now, and everything comes up retaliation.
[54:10.120 --> 54:16.920]  Sounds like a deal. When are you coming back to Austin? Thursday.
[54:19.640 --> 54:25.080]  Either matter, I would love to spend some time with you in Austin, if at all possible.
[54:27.240 --> 54:33.960]  I would like that. And now is a good time, because all the federal, all U.S. attorneys
[54:33.960 --> 54:41.400]  are concerned about their job. Now we take a disabled veteran being mistreated by these
[54:41.400 --> 54:46.760]  jackbooted dugs. And then when you try to do something about it, it becomes threatening you
[54:46.760 --> 54:54.040]  even more. We prepare a criminal complaint against the whoever sent that letter charging
[54:54.040 --> 55:03.320]  with retaliation. File it with a U.S. attorney with a demand under 18 U.S. Code 3332 that he
[55:03.320 --> 55:11.000]  presented to a grand jury. When he decides not to, then we run the routine on him. We charge him
[55:11.000 --> 55:19.640]  with violating 3332 with the district judge, ask the district judge to appoint an attorney pro tem
[55:19.640 --> 55:29.080]  to prosecute the prosecutor, and to impanel a special investigative grand jury to hear
[55:29.080 --> 55:34.760]  complaints against the prosecutor. The current grand jury is compromised from
[55:37.080 --> 55:43.320]  interaction with this district attorney, I mean this U.S. attorney. And when the judge refuses,
[55:44.600 --> 55:50.600]  I'm sorry, there's one more thing. You're petitioned for co-warrant or removal of the U.S. attorney.
[55:50.600 --> 55:59.720]  We make copies of all of this and send it to Obama, your U.S. senator and your state representatives,
[56:00.280 --> 56:09.160]  and your House of Representatives rep. Right. Make it political because every U.S. attorney has his
[56:09.160 --> 56:18.440]  resignation tendered right now. Well, it needs to get home. We have a special circumstance right now.
[56:18.440 --> 56:25.480]  We may actually get this U.S. attorney to call these guys on the carpet
[56:26.840 --> 56:29.800]  to keep the U.S. attorney from having to hassle with you.
[56:32.680 --> 56:40.280]  So this would be a hook. Yeah, when the judge doesn't do his thing, we take him to be...
[56:40.280 --> 56:51.640]  And you've got me on Skype right now on your list. Yes, I do. I got it. All right. Let me know. I
[56:51.640 --> 56:59.000]  cannot run Skype all the time because of our limited access on satellites. They're just busting me down
[56:59.000 --> 57:06.120]  real hard out here. Okay. If you send me a Skype message and I'm not there when I open Skype,
[57:06.120 --> 57:12.600]  it'll be there waiting for me. The same way with you. All right. We'll get together then
[57:13.480 --> 57:21.240]  at your convenience after we get back to Austin. I'll be back Thursday evening. All right. Listen,
[57:21.240 --> 57:26.520]  we're going to break. All right. Thank you. Okay. Thank you. Thank you very much. All right.
[57:26.520 --> 57:30.680]  We'll be back on the other side. This is the rule of law, Randy Kelton and Deborah Stevens.
[57:30.680 --> 57:36.280]  We'll be right back.
[58:00.920 --> 58:06.200]  Know what you should do for yourself. Thousands have won with our step-by-step course,
[58:06.200 --> 58:13.400]  and now you can too. Jurisdictionary was created by a licensed attorney with 22 years of case winning
[58:13.400 --> 58:19.160]  experience. Even if you're not in a lawsuit, you can learn what everyone should understand
[58:19.160 --> 58:24.760]  about the principles and practices that control our American courts. You'll receive our audio
[58:24.760 --> 58:32.600]  classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[58:32.600 --> 58:56.040]  Please visit wtprn.com and click on the banner or call toll free 866-LAW-EZ.
[59:02.600 --> 59:24.200]  All right. We are back. The rule of law, Randy Kelton and Deborah Stevens. All right,
[59:24.920 --> 59:30.440]  Scott from Connecticut, please call back in. I'm sorry we made you wait so long. We generally
[59:30.440 --> 59:35.560]  try to take Metta and her husband, someone out of order because they generally are calling on a
[59:35.560 --> 59:42.600]  satellite phone, which costs about $2 to $5 a minute, I know, because I've had one.
[59:43.160 --> 59:47.720]  So please call back in and we'll bump you to the headline. In the meantime, we're going to go back
[59:47.720 --> 59:54.440]  to Randy in Texas. Randy Kelton had some other comments for Randy in Texas. So okay, go ahead.
[59:54.440 --> 01:00:00.360]  Yeah. Well, I was just, I think we were about through. Did you have any other questions or
[01:00:00.360 --> 01:00:08.840]  comments, Randy? Just about the mandamus part of it. I didn't think that that was something you
[01:00:08.840 --> 01:00:14.840]  used until you had appealed that, you know, lack of jurisdiction.
[01:00:15.720 --> 01:00:21.560]  No, a mandamus can be used at any time, especially when it goes to jurisdiction,
[01:00:21.560 --> 01:00:27.560]  subject matter jurisdiction, because it would stop all the proceedings.
[01:00:29.320 --> 01:00:36.360]  It's an instant remedy. If the court has no subject matter jurisdiction, you should not be
[01:00:36.360 --> 01:00:45.400]  subjected to a prosecution. Neither should the court expend the time and money to put on a
[01:00:45.400 --> 01:00:51.560]  prosecution. So mandamus will stop all that, save the court all this time and money.
[01:00:54.840 --> 01:00:58.600]  Go ahead. In this case, a mandamus is appropriate.
[01:01:00.600 --> 01:01:05.080]  Should I give them a note, you know, if they decide to say, no, we're not going to do that,
[01:01:05.080 --> 01:01:09.960]  give them a notice that I'm going to file this? No, just file it.
[01:01:09.960 --> 01:01:17.400]  And when you file it, I have to look at, no, I think it goes to district.
[01:01:19.640 --> 01:01:28.760]  I'm not sure. I'm not certain. I'll have to go back and reread chapter 52. Chapter 52 normally
[01:01:28.760 --> 01:01:36.600]  assumes that something for which you would file a written mandamus originates in a higher court.
[01:01:36.600 --> 01:01:41.880]  It seems, and I'm digging back in my memory, we have looked at this very issue before, and I forgot
[01:01:41.880 --> 01:01:48.760]  what the outcome was. It may well be, it would seem appropriate that the county court get the
[01:01:48.760 --> 01:01:57.960]  mandamus. But I'm not certain. You could certainly file it with the county court. If they're the
[01:01:57.960 --> 01:02:06.920]  county court, if they're the wrong ones, then they'll tell you. And that'll just stir the pot
[01:02:06.920 --> 01:02:13.880]  a little more. We can file a mandamus. And I should go ahead and file the criminal
[01:02:13.880 --> 01:02:18.920]  complaints too, just cross the board. Absolutely. Criminal complaints should be filed
[01:02:18.920 --> 01:02:28.760]  out of hand immediately. You have a duty. And the criminal complaint is just notifying the courts
[01:02:28.760 --> 01:02:36.040]  that you have reason to believe that people have committed criminal acts. You have a duty to report
[01:02:36.040 --> 01:02:44.760]  crime. And it's something separate from the action before the court. Criminal complaints, criminal
[01:02:44.760 --> 01:02:50.280]  actions are taken by the state against the individual. You have no standing in the prosecution.
[01:02:51.160 --> 01:02:59.960]  You only have a duty to notify, and then the court has standing to pursue. So anytime you see a crime
[01:02:59.960 --> 01:03:07.720]  being committed, you should report the crime. Now, would those be filed along with the mandamus
[01:03:07.720 --> 01:03:12.360]  in the same court? No, no, those should be filed with the district attorney.
[01:03:12.360 --> 01:03:19.560]  The district attorney. Okay. Or bushwhack a district judge or the bushwhack district judge
[01:03:19.560 --> 01:03:25.000]  with a criminal complaint. If you're in Travis County, go bushwhack Bob Perkins.
[01:03:28.600 --> 01:03:33.320]  Bob Perkins. He will remember what it's like to be bushwhacked with a criminal complaint.
[01:03:33.320 --> 01:03:39.560]  Okay. He's the head criminal district judge in Travis County.
[01:03:41.240 --> 01:03:44.920]  I've bushwhacked him with complaints against the district attorney.
[01:03:46.600 --> 01:03:53.640]  Worked him over pretty good. He told me, well, Mr. Garton, district judges in Travis County
[01:03:53.640 --> 01:03:59.480]  don't take criminal complaints. Oh, that's okay, judge. I'm not invoking your duty as the district
[01:03:59.480 --> 01:04:04.920]  judge. I'm invoking your duty as a magistrate, and that's a duty from which you may not shield
[01:04:04.920 --> 01:04:12.760]  yourself. Well, Mr. Culkin, you really need to take those to the justice of the peace.
[01:04:12.760 --> 01:04:16.840]  When I was justice to the peace, why, I took criminal complaints. The one I tried that judge,
[01:04:17.400 --> 01:04:21.880]  took a bowl of herb next door over here. He wouldn't take them because I had criminal
[01:04:21.880 --> 01:04:30.520]  charges against you in there. But then he already knew that. But he was kind of squirming. So if
[01:04:30.520 --> 01:04:40.520]  you take them to him, he clearly already knows. And all you got to do is just take the complaints,
[01:04:40.520 --> 01:04:45.240]  have them verified, make up a statement of probable cause, have it verified,
[01:04:45.240 --> 01:04:51.320]  go up to the, you know, put it in a folder, preferably a red folder,
[01:04:53.400 --> 01:04:59.960]  and walk up to the bar and motion for the bailiff. If you don't know who the bailiff is,
[01:04:59.960 --> 01:05:05.880]  ask somebody which of these people is the bailiff. Point at the bailiff and motion for him to come.
[01:05:05.880 --> 01:05:15.800]  They don't like that. But he will. And tell him, instruct the judge, I have business with the court.
[01:05:17.960 --> 01:05:22.040]  And he will almost invariably say, may I tell the judge the nature of the business?
[01:05:23.320 --> 01:05:29.240]  And I like to tell him, no, you may not. I have business with the court. It's none of yours. But
[01:05:29.240 --> 01:05:35.000]  if I really just want to get to the judge, I'll give him my folder and say, here, give him this.
[01:05:36.520 --> 01:05:44.040]  I had one bailiff start out, ah, ah, ah. What's in there is the judge's business, not yours.
[01:05:45.080 --> 01:05:54.440]  He closed it to give it to the judge. Then the judge will say, whoa, Mr. Colton, I understand
[01:05:54.440 --> 01:06:03.240]  you have business with the court. Yes, I do. And he opens the folder and looks at these documents,
[01:06:03.240 --> 01:06:09.000]  which he's already looked at and already knows what they are. And if you do that to Bob Perkins,
[01:06:11.000 --> 01:06:15.800]  he's going to know that you know, because he's going to know I sent you.
[01:06:15.800 --> 01:06:24.120]  And that'll be a hoot. I imagine he'd be on the phone right away to these people to
[01:06:25.160 --> 01:06:30.520]  try and get rid of him. And that's really the point. You really don't care if he takes it or not.
[01:06:33.400 --> 01:06:39.400]  You really don't want to get a fight with him. But he is going to know exactly what you're doing.
[01:06:40.680 --> 01:06:43.320]  He knows what I was doing and he knows it worked.
[01:06:43.320 --> 01:06:50.360]  The district attorney stood aside and let me give criminal charges against the highest judges in Texas
[01:06:50.360 --> 01:06:56.360]  to the grand jury. So if it works for the highest judges in Texas, what do you think they'll do to
[01:06:56.360 --> 01:07:03.800]  these low level chumps? They're dumb meat. Perkins is not going to get in that crapola
[01:07:03.800 --> 01:07:10.760]  again. He got in with me to protect some too big municipal judge or JP. Oh, wait a minute.
[01:07:10.760 --> 01:07:15.720]  Perkins. Where? What JP is this before?
[01:07:18.440 --> 01:07:25.320]  Seeg. Oh, good. Oh, good. It's not Herb. It's downtown. Him and Herb are good buddies.
[01:07:27.880 --> 01:07:34.920]  He's the one in the county courthouse downtown. Maybe these two won't be good buddies. But
[01:07:34.920 --> 01:07:37.720]  Perkins is not going to want to have the kind of grief he had with me
[01:07:37.720 --> 01:07:44.520]  to protect that municipal judge. As soon as you walk out, he's going to be on the phone
[01:07:44.520 --> 01:07:48.040]  and want to know what the heck is going on here. Why do I have guys down here
[01:07:48.600 --> 01:07:54.840]  giving me this crapola trying to get me to take the plaint against you? What are you guys doing?
[01:07:56.680 --> 01:08:02.680]  And that always works. And you will find out if you do that,
[01:08:02.680 --> 01:08:08.360]  how much deference you get from the higher judges.
[01:08:09.720 --> 01:08:13.560]  You don't get this arrogant crap that you get from the judges down on the bottom.
[01:08:15.400 --> 01:08:21.560]  These judges worked a lot harder to get where they are. And they are very well aware that
[01:08:21.560 --> 01:08:29.960]  they are political creatures. And politics is everything for them. They don't want anything
[01:08:29.960 --> 01:08:38.520]  making them look bad. So when you bushwhack him in his court, he's not going to be happy about that.
[01:08:39.720 --> 01:08:45.960]  But he's also going to know that he has no jurisdiction over you. So he can't do anything
[01:08:45.960 --> 01:08:51.400]  to you. As long as you don't raise your voice and use foul language, you make any threats.
[01:08:51.400 --> 01:09:01.640]  You know, if you conduct yourself with dignity or if you don't commit a breach of the peace,
[01:09:01.640 --> 01:09:08.600]  he has zero jurisdiction. And he knows anything he does to you is going to come back on him
[01:09:08.600 --> 01:09:16.760]  because you just report crimes or duty. It's his job to take the report. He just don't want to.
[01:09:16.760 --> 01:09:25.640]  So when you walk out of there, it doesn't matter what he tells you. Give those to JP.
[01:09:26.760 --> 01:09:30.280]  Yeah, but Judge, I thought you were a magistrate. I thought it was a duty of yours.
[01:09:32.120 --> 01:09:38.120]  I really ground on him about that. So he'll be real unhappy when he hears that.
[01:09:39.640 --> 01:09:44.360]  So whatever happens when you leave the courtroom, he's not going to be pleased.
[01:09:44.360 --> 01:09:50.120]  And you will feel much more empowered. You'll understand that these guys up at the top,
[01:09:51.480 --> 01:09:58.520]  they are amenable to the law around them. And you'll get things happening.
[01:09:59.800 --> 01:10:01.400]  So I think it'd be a hoot.
[01:10:02.600 --> 01:10:05.800]  Well, I'll give you guys a shout on Thursday and let you know how it turns out.
[01:10:05.800 --> 01:10:14.120]  Okay, but if I get a call from the J.O., I'll say, Randy who?
[01:10:19.960 --> 01:10:21.000]  Okay, good luck.
[01:10:22.360 --> 01:10:22.920]  Thanks a lot.
[01:10:26.440 --> 01:10:33.640]  Okay, callers. All right, we have open phone lines right now. You can call in 512-646-1984.
[01:10:33.640 --> 01:10:38.200]  And in the meantime, Randy, why don't you give us an update?
[01:10:38.840 --> 01:10:41.160]  Okay, didn't you have something you wanted to address?
[01:10:42.440 --> 01:10:43.160]  Not this time.
[01:10:43.880 --> 01:10:49.960]  Okay, okay. When I was on the airplane, I spent quite a bit of time on the airplane.
[01:10:50.920 --> 01:11:00.120]  I flew from Austin to Atlanta in about a four-hour flight from Atlanta back to Las Vegas.
[01:11:00.120 --> 01:11:08.520]  So I spent a lot of time and I was looking through contract actions under causes of action.
[01:11:09.560 --> 01:11:18.120]  I hear a lot from people about, pro se, filing civil actions and having them thrown out for
[01:11:18.120 --> 01:11:25.000]  failing to state a claim of which relief can be had. That always goes to the same thing.
[01:11:25.000 --> 01:11:30.520]  The petitioner made complaints and allegations in his petition,
[01:11:31.960 --> 01:11:34.600]  but he did not state a cause of action.
[01:11:36.040 --> 01:11:40.680]  And we've talked about causes of action before. And the more I look into them,
[01:11:41.640 --> 01:11:49.080]  the more informative they become. First off, it tells you those things you can go after them for.
[01:11:49.080 --> 01:12:00.680]  Threat of bodily injury, offensive physical contact, assault, contract actions, breach of contract,
[01:12:00.680 --> 01:12:08.600]  breach of producer duty. I want to talk about breach of contract, or contract actions.
[01:12:08.600 --> 01:12:17.880]  In about the nature of contract, a lot of people for a long time have been raising this issue
[01:12:18.680 --> 01:12:24.600]  of oath of office. And I've always wondered about that. One thing I wondered is,
[01:12:25.720 --> 01:12:30.600]  why don't these jack legs have them? I mean, it's not like it's a big deal.
[01:12:30.600 --> 01:12:35.080]  You just go down there, raise your hand, blah, blah, blah, yada, yada, yada. You got that done.
[01:12:35.080 --> 01:12:44.920]  What is the problem? I still don't understand why they don't do it. But I do now better understand
[01:12:44.920 --> 01:12:52.840]  the importance of it. It's contract. It's a contract. It's a contract. It's a contract.
[01:12:52.840 --> 01:13:05.000]  You better understand the importance of it. It's contract. They not only swear to it,
[01:13:05.960 --> 01:13:12.520]  they affirm it with their hand. They sign the contract. And based on that contract,
[01:13:12.520 --> 01:13:24.040]  they get paid. They get consideration. So the contract's a valid contract. And whether or not
[01:13:24.040 --> 01:13:33.160]  they enter into the contract directly with you, doesn't matter because you are a third party
[01:13:33.160 --> 01:13:43.080]  beneficiary of the contract. It is the intent of the contract that you be a third party beneficiary.
[01:13:44.760 --> 01:13:54.920]  And that gives you standing to sue under the contract. And looking through tort actions,
[01:13:54.920 --> 01:14:04.280]  one of the things that was interesting about tort actions, if you sue for a tort, you can't
[01:14:04.280 --> 01:14:17.560]  get attorney fees. A tort is an injury as a matter of law. You hit me over the head and knock a
[01:14:17.560 --> 01:14:25.080]  knot on my head. That's a tort. You drive in your car and you're off the road, run through my yard,
[01:14:25.080 --> 01:14:29.000]  knock down stuff. That's a tort. You and I don't have the contract with one another,
[01:14:29.560 --> 01:14:36.120]  but you do something that harms me as a matter of law. When you sue for a tort, you can't get
[01:14:36.120 --> 01:14:45.560]  attorney fees. However, if you sue for a contract violation or a contract issue, then you have
[01:14:45.560 --> 01:14:56.440]  generally two individuals at odds with one another over an apparent meeting of minds in a contract.
[01:14:57.800 --> 01:15:06.440]  In that case, you can get attorney fees. That's why that oath of office gets more important.
[01:15:07.320 --> 01:15:12.200]  Attorneys don't like taking on cases where they can't get attorney fees.
[01:15:12.200 --> 01:15:19.800]  Well, yeah, nobody wants to do work for free. Yeah. It'd be like a car accident.
[01:15:19.800 --> 01:15:26.200]  Okay. Well, listen, listen, we're going to break, Randy. Callers, if you'd like to call in 512-646-1984.
[01:15:26.200 --> 01:15:29.000]  We'll be right back on the other side.
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[01:17:03.400 --> 01:17:11.720]  Some say she's cool, but Julie's no fool. She wants money when it comes to humanity.
[01:17:13.160 --> 01:17:20.920]  And I'm not gonna answer. How come? Because Julie makes well believe. She says she doesn't
[01:17:20.920 --> 01:17:27.400]  want no man with her because Julie, man, she well believe. She says she only wants a helicopter
[01:17:27.400 --> 01:17:33.960]  one and see. Because you, man, need to bring the money, bring the money in US currency.
[01:17:33.960 --> 01:17:40.600]  When you bring it, you give it to Julie. Julie says she loves to always see. So she only wants
[01:17:40.600 --> 01:17:48.280]  the US currency. But now the economy getting badly while she losing on autonomy. Julie says
[01:17:48.280 --> 01:17:54.920]  she only want yen around, see because Julie, man, she will help you live. She says she only want US
[01:17:54.920 --> 01:18:02.760]  currency. All right, we are back. We're live. The rule of law, Randy Kelton and Deborah Stevens.
[01:18:03.400 --> 01:18:10.360]  We have Will from Texas on the line. And Will, if you can just hang on just a moment, we will
[01:18:11.560 --> 01:18:17.880]  take your call. Right after this, Randy wanted to finish up on his story, on his train of thought.
[01:18:17.880 --> 01:18:29.640]  Yes, I'm talking about difference between torts and contracts. You notice that attorneys who
[01:18:30.760 --> 01:18:39.160]  take on accidents, specialize in like auto accidents, they take the cases on contingency.
[01:18:39.160 --> 01:18:48.840]  Like Julie wants the standards 33%. The reason they do that is because they can't get attorney
[01:18:48.840 --> 01:18:55.160]  fees. They can't be paid for it. That's the only way they do the case. So for them it's like shoot
[01:18:55.160 --> 01:19:05.880]  craps. If they lose, they lose everything. Whereas in corporate areas where most everything is done
[01:19:05.880 --> 01:19:14.840]  through contracts, all of the attorneys work for a set fee. They may not get the big payoff, but
[01:19:14.840 --> 01:19:25.240]  they know what they're going to make. This is how it works. You got with contracts, you can get paid.
[01:19:25.960 --> 01:19:35.480]  With torts, you can't. And it kind of makes sense because when a tort occurs, it only occurs
[01:19:35.480 --> 01:19:44.360]  with someone you don't have a contract with. Now, I guess it's not true. A tort can occur
[01:19:45.160 --> 01:19:51.800]  between you and someone you have a contract with, but the tort isn't covered in the contract.
[01:19:53.080 --> 01:20:00.760]  It's something they do wrong that is harmful as a matter of law, like misrepresent the truth to you.
[01:20:00.760 --> 01:20:08.440]  That's a tort. But what I found in looking through causes of action was contorts
[01:20:10.120 --> 01:20:16.200]  where you have the contractual violation and a tort combined.
[01:20:18.440 --> 01:20:24.280]  And when I read that, the first thing I thought of, oaths of office.
[01:20:24.280 --> 01:20:31.000]  If a public official violates the law and relates to his office, it causes you harm.
[01:20:31.000 --> 01:20:39.800]  That's a crime, but it's also a tort. But the public official had to swear to an oath that he
[01:20:39.800 --> 01:20:49.640]  would uphold the law of the state and protect the constitution. Well, if he violates one of those
[01:20:49.640 --> 01:20:58.120]  oaths to your detriment, that's a contractual violation. And you're a third party beneficiary,
[01:20:58.120 --> 01:21:05.240]  so you have standing to take them on for that. So as we're looking at putting together civil
[01:21:05.240 --> 01:21:12.760]  actions, especially against judges, we're more likely to get attorneys to want to pick them up
[01:21:12.760 --> 01:21:21.880]  if we make contract and tort allegations. And everything in your suit is about the allegation
[01:21:21.880 --> 01:21:28.760]  that you make. I'll give you an example of why that's important. I was reading a case where a
[01:21:28.760 --> 01:21:33.960]  woman is arrested, cuffed, put in the back of a patrol car. Patrol car's taking her to jail,
[01:21:33.960 --> 01:21:39.160]  gets in a high speed chase, slings her all over the back of the car, damages her wrists, she sues
[01:21:39.160 --> 01:21:49.560]  him. She sues the officer for an intentional tort. He intended to drive in a manner that was
[01:21:49.560 --> 01:21:56.120]  reckless, considering he had someone in the back who wasn't strapped down to the seat and be thrown
[01:21:56.120 --> 01:22:03.320]  around, backed up. And the court said that when an officer or an official is acting within their
[01:22:03.320 --> 01:22:09.320]  official capacity, and engaging in a high-speed chase of a criminal was within the official
[01:22:09.320 --> 01:22:17.320]  capacity of the police officer, even if he commits an intentional tort, he has immunity.
[01:22:19.880 --> 01:22:26.520]  Yeah, I thought about that. Wait a minute. You asked the wrong question. Well, I'm sorry,
[01:22:26.520 --> 01:22:34.440]  they went on to say that you can't sue the city either because for an intentional tort by the
[01:22:34.440 --> 01:22:45.000]  officer, the city or the governmental agency does not give up their sovereign immunity from suit
[01:22:45.000 --> 01:22:53.800]  for an intentional tort. So they got screwed. Asked the wrong question. Got to ask the right
[01:22:53.800 --> 01:23:03.400]  question to get the right answer. You got to make the right allegation to get relief. What they
[01:23:03.400 --> 01:23:15.960]  should have alleged is that she was injured by the use by a city employee, while the city employee
[01:23:15.960 --> 01:23:25.240]  was using a motor-driven piece of equipment owned by the city. In that particular instance,
[01:23:26.520 --> 01:23:35.400]  the city waives its sovereign immunity. If you're driving down the street and city workers are
[01:23:35.400 --> 01:23:45.160]  working on the street and the guy doesn't block traffic and the lift driver doesn't see you coming
[01:23:45.160 --> 01:23:52.680]  and turns around and dumps 50 tons of dirt on your car, you can sue them for the violation that
[01:23:52.680 --> 01:24:03.000]  occurred through the use of motor-driven piece of equipment. That's the one place where they waive
[01:24:03.000 --> 01:24:12.120]  their sovereign immunity. So we need to pay real close attention to the kinds of allegations we
[01:24:12.120 --> 01:24:24.280]  make. And now what I'm looking at is how to go after these guys and combine torts with
[01:24:25.000 --> 01:24:31.000]  contractual violations so that we can get attorneys where they can make money doing it
[01:24:32.360 --> 01:24:39.080]  and always make sure we ask the right question. Okay. I've ran on enough.
[01:24:39.080 --> 01:24:48.680]  Okay. That's all right. Let's re-sort it out a little bit.
[01:24:50.200 --> 01:24:55.640]  Okay. All right. Well, let's go on. We've got a caller on the line, Will from Texas.
[01:24:57.800 --> 01:25:00.280]  Okay. Will, thanks for calling in. What's on your mind tonight?
[01:25:00.280 --> 01:25:04.520]  Yeah. I made my appearance on this little traffic violation in the small town
[01:25:04.520 --> 01:25:11.640]  and it was on the ticket was that I had agreed to appear. That's how it reads. We talked about
[01:25:12.440 --> 01:25:18.600]  Denise and Austin and whatnot. You have to appear to plead. But this is just my agreement to appear
[01:25:18.600 --> 01:25:24.760]  and I did so. You suggested I go like a Friday when I don't like the day when the judge is not
[01:25:24.760 --> 01:25:33.880]  there and the clerk would not take my piece of paper that had my little witness place to sign.
[01:25:33.880 --> 01:25:39.800]  She said that I have to plea and put it into her computer. Otherwise they were going to issue a
[01:25:39.800 --> 01:25:46.680]  warrant for my arrest. So there's nothing that I put in because I told her I had just agreed to
[01:25:46.680 --> 01:25:53.320]  appear. And if you don't sign my piece of paper, we're going to have to go notarize a sworn
[01:25:53.320 --> 01:25:59.880]  statement for my witness showing that we did appear. And they said, well, you know, the only
[01:25:59.880 --> 01:26:06.440]  way that we can keep you from having a warrant arrested is you have to plea. So was that the
[01:26:06.440 --> 01:26:12.840]  next step that we would take is go down there and end with my sworn statement showing that I did appear.
[01:26:15.640 --> 01:26:20.120]  I think I would kind of think of how to keep the warrant from happening.
[01:26:20.120 --> 01:26:27.640]  Maybe go down and file charges against the clerk for impersonating a Judicial Officer.
[01:26:30.840 --> 01:26:38.120]  What this will do is give the court constructive notice that you appeared. The clerk is just
[01:26:38.120 --> 01:26:46.280]  following policy. Right. If he's just, you know, the clerks are not really well-trained. They just
[01:26:46.280 --> 01:26:51.320]  hire somebody off the street. Okay, do this, do that, do that, and the other. They don't explain
[01:26:51.320 --> 01:26:59.160]  all the legal intricacies. And the clerk's benefit in her defense, she don't know what the heck she's
[01:26:59.160 --> 01:27:09.960]  doing. And the judge probably hasn't taken the time to train her effectively. So it's always to our
[01:27:09.960 --> 01:27:17.160]  to our well-meaning public employees to help train them. A good swift kick in the behind,
[01:27:17.720 --> 01:27:28.680]  be good training. So you went down there and the clerk tried to act as a Judicial Officer
[01:27:29.480 --> 01:27:38.280]  and hold an arraignment hearing. An arraignment hearing under Texas law is a hearing for the
[01:27:38.280 --> 01:27:46.680]  purpose of determining the identity of the accused and taking a plea. The first thing you had to do
[01:27:47.960 --> 01:27:53.720]  is identify yourself to the clerk. And then she asked you for a plea.
[01:27:55.160 --> 01:27:58.520]  Well, that's an examinate. That's a random hearing.
[01:27:58.520 --> 01:28:26.200]  Okay, listen, we're going to have to pick it up on the other side. We're going to break now. This is
[01:28:26.200 --> 01:28:30.200]  the rule of law, Rady Kelton and Deborah Stevens. We'll be right back. We'll hold on the line.
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[01:28:45.880 --> 01:28:50.760]  With the value of the dollar, risks of inflation, geopolitical uncertainties and instability in
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[01:30:06.520 --> 01:30:17.000]  Okay, we are ready. Away, away. Throw the vote machines away.
[01:30:19.400 --> 01:30:25.160]  We are talking with Will in Texas. Okay, Randy, continue. You were speaking about the
[01:30:26.120 --> 01:30:32.040]  duties of a magistrate. Yeah, the difference between the judge and the magistrate. When you
[01:30:32.040 --> 01:30:39.960]  get a ticket, you're not required to appear before a judge. Required to appear before
[01:30:39.960 --> 01:30:50.200]  a magistrate, that's exactly what the statute says. The citation must state a date to appear
[01:30:50.200 --> 01:31:00.520]  before a magistrate, not a judge. When you, for instance, I'm talking earlier to Randy
[01:31:00.520 --> 01:31:08.360]  about giving a criminal complaint to the district judge. Well, when you do that, he stops being
[01:31:08.360 --> 01:31:13.160]  a district judge at that moment and becomes a magistrate because you invoked his duty
[01:31:13.160 --> 01:31:18.520]  as a magistrate. The only thing you can do is take criminal complaints and find probable cause.
[01:31:21.080 --> 01:31:28.200]  So, you have been arrested by a police officer and he's required by 14.06 Code of Criminal
[01:31:28.200 --> 01:31:33.400]  Procedure to take you directly to the nearest magistrate. But if he does that, he can't write
[01:31:33.400 --> 01:31:41.960]  many tickets. So, they wrote a special statute, 543, Government Code, I'm sorry, Transportation
[01:31:41.960 --> 01:31:52.360]  Code, that says if he can write a citation and if you agree to sign the citation and agree
[01:31:52.360 --> 01:31:59.080]  by signing the citation, agree to bring yourself before a magistrate, then he doesn't have to
[01:31:59.080 --> 01:32:05.480]  bring you before the magistrate. So, that's what the citation says. It doesn't say anything about
[01:32:05.480 --> 01:32:13.800]  appearing before a judge. So, you go down there, this is what I did. I got three really BS tickets,
[01:32:13.800 --> 01:32:22.520]  insurance, which I had. I just didn't have a current copy. Registration, which I had. I just
[01:32:22.520 --> 01:32:27.080]  didn't put it on the window. And inspection stickers that expire the day before. You got a
[01:32:27.080 --> 01:32:34.920]  five-day grade. So, I beat them all. I go down there and go before this judge and he thinks
[01:32:34.920 --> 01:32:42.120]  he's a judge. He's not a judge. He's a magistrate. And as such, there's only one thing he can do.
[01:32:42.120 --> 01:32:47.880]  One thing he can do since I'm not there to get married is examine any sufficient
[01:32:47.880 --> 01:32:54.920]  interrogation against me and make a determination probable cause. They never do that. So, I went
[01:32:54.920 --> 01:33:02.280]  down there and gave him three criminal charges against the police officer. Now, he for certain
[01:33:02.280 --> 01:33:07.960]  is a magistrate and still doesn't know it. Refused to take my complaints. Now, I'm going to file
[01:33:07.960 --> 01:33:17.160]  charges against him for malfeasance, misfeasance, failing to perform the duties required to perform
[01:33:17.160 --> 01:33:21.240]  and denied me in my right to petition the court for redress of grievance.
[01:33:21.960 --> 01:33:25.480]  And when you go down there, that's important to understand.
[01:33:27.160 --> 01:33:34.280]  That you weren't there to appear before a judge. You weren't there to have an arraignment hearing.
[01:33:34.280 --> 01:33:41.080]  You were there to have an examining trial. The whole chapter, chapter 16 covers an examining
[01:33:41.080 --> 01:33:44.840]  trial and all these things that magistrates are supposed to do, which they never do.
[01:33:47.000 --> 01:33:51.960]  And you get to charge them with all that. It depends on what you want to do and taking them on.
[01:33:51.960 --> 01:33:56.440]  The right is to have an examining, what is that? An examining hearing.
[01:33:56.440 --> 01:34:07.560]  An examining trial. What that's for is the judge hears the policeman's side of the story,
[01:34:07.560 --> 01:34:14.280]  he hears your side of the story, and he decides whether or not there's sufficient cause to pursue
[01:34:14.280 --> 01:34:23.640]  prosecution. If there's not, he sends you home, dismisses the case. Nothing else happens. If he
[01:34:23.640 --> 01:34:32.280]  finds there is, there are a number of things he must do. He must issue an order stating that he
[01:34:32.280 --> 01:34:38.200]  found probable cause. If an order is not issued within 48 hours, a finding of no probable cause
[01:34:38.200 --> 01:34:44.760]  is entered into court. They never do that, even when they actually are acting like a magistrate.
[01:34:44.760 --> 01:34:53.160]  And if you're arrested without a warrant, he's required by 1620, 16.20, to prepare a warrant.
[01:34:53.800 --> 01:35:02.040]  And they don't do that either. These municipal judges have no clue what they're supposed to do.
[01:35:03.800 --> 01:35:09.640]  But in your case, where the clerk is acting in the capacity of the judge,
[01:35:09.640 --> 01:35:19.720]  of the judge, that's impersonating a magistrate because you were ordered to be there and you
[01:35:19.720 --> 01:35:28.520]  agreed to be there to appear before a magistrate. So you charge the clerk with impersonating a
[01:35:28.520 --> 01:35:36.520]  magistrate. And you give that to the, go down and just go into court. You know, sometimes when they're
[01:35:36.520 --> 01:35:45.960]  having hearings, okay, your ticket was in Austin? No. Okay. They're going to be real busy. Pardon me?
[01:35:46.680 --> 01:35:55.080]  It was in Maynard. Wait, I couldn't hear that. It was in Maynard, the small town. Oh, small town. Okay.
[01:35:55.080 --> 01:35:59.880]  Call down to the court and find out when the court's going to have hearings.
[01:35:59.880 --> 01:36:05.560]  And go down there while they're having a hearing, go up to the judge and have a little clerk sit next
[01:36:05.560 --> 01:36:10.520]  to the judge and tell the judge, I have business with the court. And she'll say, man, tell them
[01:36:10.520 --> 01:36:16.520]  that I have business with the court. Yes, you can. Give them these. And she, like a little puppet,
[01:36:16.520 --> 01:36:20.520]  will take your criminal complaint for the most, almost always, and give it to the judge.
[01:36:20.520 --> 01:36:28.440]  And if she objects, call the bailiff over. First, give these to the judge. And if he refuses,
[01:36:28.440 --> 01:36:34.760]  then just tell the judge I have business with the court. If I think I may have trouble with these
[01:36:34.760 --> 01:36:41.800]  people and, you know, some of the smaller towns, you get people who think they own the place and
[01:36:41.800 --> 01:36:47.080]  they get more difficult. I generally like to watch for a while before I do anything. I don't see
[01:36:47.080 --> 01:36:54.280]  how these people are acting. So if they're acting real crappy, then I just call the bailiff over
[01:36:54.280 --> 01:37:00.840]  and tell him to tell the judge I have business with the court. And these are generally the places
[01:37:00.840 --> 01:37:07.560]  I use the routine of when he says, man, tell the judge I have business. No, you may not. I have
[01:37:07.560 --> 01:37:13.720]  business with the court and it's none of yours. Then I have had him say, well, she's not going to
[01:37:13.720 --> 01:37:18.360]  tell me what your business is. I'm not going to talk to the judge. Sure, call him. I don't care
[01:37:18.360 --> 01:37:26.040]  what you do. I don't tell him I'll file criminal charges against you, but they kind of get that.
[01:37:26.840 --> 01:37:33.720]  And I've yet to have a bailiff not talk to the judge because that's generally about the end of
[01:37:33.720 --> 01:37:39.880]  my conversation with the bailiff. I go sit down, don't talk to him anymore. So he gets to make his
[01:37:39.880 --> 01:37:46.040]  decision. Then if he doesn't, I've had to sit there through the whole hearing until the judge
[01:37:46.040 --> 01:37:51.640]  is finished. When the judge gets up to leave, I stand up and tell him, your honor, I have business
[01:37:51.640 --> 01:37:59.080]  with the court. And the judge will always stop. Every time I've done that, the judge has hurt me.
[01:38:00.680 --> 01:38:06.520]  And he'll ask me the nature of the business. You hold up your folder and say, may I approach
[01:38:06.520 --> 01:38:11.800]  and you hold up your folder and say, may I approach. That means going to give you these
[01:38:11.800 --> 01:38:16.920]  documents. Your jelly sin debate is to come get him and up to him. He opens them up. He's looking
[01:38:16.920 --> 01:38:23.640]  at criminal charges against his clerk. You just converted him from a judge to a magistrate.
[01:38:25.320 --> 01:38:31.080]  And he's not likely to know that. He's going to give you some song and dance about how you
[01:38:31.080 --> 01:38:38.360]  can't file these here, blah, blah, blah. And you can either discuss it with him or say, you know,
[01:38:39.160 --> 01:38:44.600]  whatever judge, it's your call, your decision to make. Let him make it and then you file it
[01:38:44.600 --> 01:38:51.240]  against him. But just filing it with the judge this way, that's going to tell the judge,
[01:38:52.120 --> 01:38:59.320]  this guy knows something I don't. And first thing he's going to do is run to the clerk and
[01:38:59.320 --> 01:39:04.360]  they're going to have powwows and start talking. And what's likely to happen is your case will
[01:39:04.360 --> 01:39:12.600]  never get called to court. Well, I think what she did, she put, she told me she put in the note
[01:39:12.600 --> 01:39:19.000]  that she has of her paperwork that I appeared and that I refused to play. And whether she did that
[01:39:19.000 --> 01:39:30.360]  or not, you know, I don't know what else was going on there. If she did in fact do that, then that's
[01:39:30.360 --> 01:39:40.040]  fine. Then the judge will look at it and inner plea for you if not guilty. And he can do that.
[01:39:40.040 --> 01:39:47.800]  But it has, as far as you're concerned, it has no effect. It has no negative effect on you.
[01:39:48.760 --> 01:39:57.000]  It just allows the court to keep moving ahead. But most likely, you know, once they realize
[01:39:57.000 --> 01:40:00.520]  that you kind of know what's going on, they've had enough of us guys go down there and sting
[01:40:00.520 --> 01:40:05.640]  them and kick them around and cost them money, but they will just never bring up the case
[01:40:05.640 --> 01:40:10.440]  or maybe wait a couple of years. And if it shows up in a couple of years, you file a motion to
[01:40:10.440 --> 01:40:17.480]  dismiss two older prosecutors. And I'd file against the prosecutor for even bringing it up.
[01:40:20.040 --> 01:40:25.480]  But most likely, they just let it go. They don't touch it anymore. It's all about making money.
[01:40:26.280 --> 01:40:29.480]  Make it look like they're not going to make any money if they don't want to mess with it.
[01:40:29.480 --> 01:40:35.400]  Well, but one more question is, I've never filed charges. What do they look like as far as,
[01:40:35.400 --> 01:40:38.760]  you know, if I have a document, it's just a piece of paper written out or?
[01:40:38.760 --> 01:40:50.440]  Yeah. Now go to jurisimprudence.com. There's a link to it on Root of Law radio. And under research
[01:40:50.440 --> 01:41:03.240]  and documents, there's a folder called blanks. Look in there and pull down blank criminal complaint.
[01:41:04.760 --> 01:41:06.440]  Got the criminal complaint there.
[01:41:07.480 --> 01:41:15.320]  Yeah. And there are, you can look in, I have a folder for individuals. And if you
[01:41:15.320 --> 01:41:22.840]  open up a few of those, you'll find criminal complaints that I have made out and filed.
[01:41:23.880 --> 01:41:26.680]  And that'll give you a real good idea of how they're put together.
[01:41:28.680 --> 01:41:36.920]  They're really pretty simple. There's just a format. The heading and the ending are prescribed
[01:41:36.920 --> 01:41:41.560]  by law. It always must start in the name and under the authority of the state of Texas.
[01:41:41.560 --> 01:41:44.920]  Every criminal complaint must run in the name of the state of Texas, is what it says.
[01:41:44.920 --> 01:41:52.600]  And then the first paragraph says, I, and you put your name, have reason to believe and do believe
[01:41:52.600 --> 01:41:59.320]  based on the following. And then you put a small section of brief statement of probable cause,
[01:41:59.320 --> 01:42:11.480]  statement of facts. No argument, just facts. And then you close it with therefore and therefore,
[01:42:11.480 --> 01:42:20.600]  to, I charged that so-and-so honor before data that you're filing this,
[01:42:21.320 --> 01:42:24.040]  you'd commit the criminal act of in your statement.
[01:42:26.680 --> 01:42:30.280]  Okay, listen, we're going to break. We're going to break. We'll be right back. And we got a couple
[01:42:30.280 --> 01:42:34.840]  other callers on the line as well. Callers, we'll finish your calls on the other side. We'll be right
[01:42:34.840 --> 01:42:47.640]  back. Stock markets are taking hit after hit. Corrupt bankers are choking on subprime debt.
[01:42:47.640 --> 01:42:53.800]  The Fed is busy printing dollars, dollars, and more dollars to bail out Wall Street banks and
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[01:44:16.760 --> 01:44:26.760]  Some things in this world I will never understand. Some things I realize fully.
[01:44:28.120 --> 01:44:34.760]  Somebody's gonna police that policeman. Somebody's gonna police the bully.
[01:44:36.600 --> 01:44:43.960]  There's always a room at the top of the hill. I hear things are great, fine, and it's lonely
[01:44:43.960 --> 01:44:49.240]  to have to. They're wishing it was more than I position to feel.
[01:44:49.240 --> 01:44:59.560]  All right, we are back. Somebody will. Music from Route One, my husband Jerry Stevens and myself.
[01:45:00.760 --> 01:45:05.320]  We know Ja Will. Somebody's gonna police the policeman. Somebody's gonna bully the bully.
[01:45:05.320 --> 01:45:12.120]  That's us. All right, we are speaking with Will from Texas. And Randy, if you could please explain
[01:45:12.120 --> 01:45:20.760]  what the charge would be against this clerk. Yeah, impersonating a public official,
[01:45:22.200 --> 01:45:24.920]  specifically impersonating a judicial officer.
[01:45:28.920 --> 01:45:35.720]  Because she was apparently attempting to hold an arraignment hearing
[01:45:35.720 --> 01:45:45.000]  wherein you answered a summons. And that's when you signed that citation, it became a summons.
[01:45:46.120 --> 01:45:51.400]  You appeared at the court under summons, and the clerk attempted to hold a hearing.
[01:45:52.520 --> 01:45:57.880]  This defined as an arraignment hearing wherein she determines your identity and takes a plea.
[01:45:57.880 --> 01:46:03.960]  But she's not a judge. And she's going to claim that she's been authorized to do that.
[01:46:05.000 --> 01:46:07.800]  You don't care what she claims. You get to make the allegation.
[01:46:10.760 --> 01:46:17.800]  And that's just to get your attention. Does that sound okay?
[01:46:18.600 --> 01:46:23.240]  So that's basically the only charge is this impersonating a judicial officer.
[01:46:23.240 --> 01:46:28.280]  There's no need for anything else. Okay, that's not the only charge. That's the only one against
[01:46:28.280 --> 01:46:36.360]  the clerk. If it was me, I'd file criminal charges against the officer for writing the ticket.
[01:46:38.440 --> 01:46:40.360]  Because ticket violates statute.
[01:46:40.360 --> 01:46:52.600]  543.006 transportation code says paragraph A, the citation shall state a date to appear at least
[01:46:52.600 --> 01:47:01.240]  10 days after the date of arrest. Paragraph B says the citation shall state a date to appear
[01:47:01.240 --> 01:47:10.200]  after the date of arrest. Paragraph B says the citation shall state a date to appear before a
[01:47:10.200 --> 01:47:16.200]  magistrate. The citation says you must appear on or before a certain date.
[01:47:17.800 --> 01:47:29.240]  The before violates 543.006 paragraph A in that it doesn't state a date at least 10 days after
[01:47:29.240 --> 01:47:38.840]  the date of arrest. And the second paragraph says it's stated date to appear before a magistrate.
[01:47:38.840 --> 01:47:45.240]  You go down there and the clerk tries to act as a magistrate. They want you to appear before a
[01:47:45.240 --> 01:47:57.480]  clerk, but they have no power to summon you to appear before a clerk. 543.008 says if an officer
[01:47:57.480 --> 01:48:03.640]  violates the provision of this code he is guilty of official misconduct and subject to removal from
[01:48:03.640 --> 01:48:11.240]  office. Now that's unusual in a statute. I've actually never seen it before.
[01:48:13.240 --> 01:48:22.760]  I was astounded when I read that. The legislature actually went to the trouble of specifically
[01:48:22.760 --> 01:48:29.960]  stating if you violate this requirement you're subject to removal from office.
[01:48:30.840 --> 01:48:35.880]  And they designated a specific client. You will never see that in the statute.
[01:48:38.200 --> 01:48:43.800]  So you have to consider the legislature went to special trouble to put that in there.
[01:48:45.400 --> 01:48:49.880]  It is a special statute and should be given special significance.
[01:48:49.880 --> 01:48:55.880]  File on the officer for official misconduct or essentially official oppression.
[01:48:56.680 --> 01:49:05.880]  Official misconduct as written in the penal code generally goes to an officer misusing public funds
[01:49:06.920 --> 01:49:14.200]  or public equipment. Official oppression, no, official misconduct is 3902.
[01:49:14.200 --> 01:49:23.320]  Official misconduct is 3902. 3903 is where a public official exerts or purports to exert
[01:49:23.320 --> 01:49:26.760]  authority he doesn't have or fails to perform a duty he's required to perform.
[01:49:27.800 --> 01:49:32.360]  And in the process denies the citizen in the form of free access to a dormant right.
[01:49:32.360 --> 01:49:39.720]  That's what he did. Because in the ticket it doesn't say to appear before magistrate.
[01:49:39.720 --> 01:49:47.560]  Yes. Because it does say to appear at a certain day but that's it, it just doesn't appear.
[01:49:49.320 --> 01:49:54.840]  So it has to state a date. It does say it does state a date.
[01:49:56.280 --> 01:50:01.320]  But does it say on it before? Yes it's on it before the date.
[01:50:02.440 --> 01:50:07.640]  Yeah so that that violates both of them and to appear before a magistrate. Now you can show
[01:50:07.640 --> 01:50:10.440]  that they had no intention of you appearing before a magistrate.
[01:50:13.400 --> 01:50:20.280]  So just thought of another one. Abuse of process against the officer and that's also a tort.
[01:50:23.240 --> 01:50:32.520]  Abuse of process is where someone issues a process and then deliberately misuses the process.
[01:50:32.520 --> 01:50:41.880]  They issued a process to you to appear and when you got there they deliberately abused the purpose
[01:50:41.880 --> 01:50:49.000]  of the process. But that's a little more complex, a little more difficult to get through.
[01:50:49.640 --> 01:50:55.320]  Official oppression is really straightforward. The law commanded he do a certain thing,
[01:50:55.320 --> 01:51:01.560]  he did something else and harmed you in the process. Got it. We got two more minutes
[01:51:01.560 --> 01:51:05.720]  left. We got two more calls and we're running out of time. We really need to move on and get them.
[01:51:07.240 --> 01:51:11.640]  Yes thank you. Thank you Will. If you have any questions call back in Thursday.
[01:51:13.720 --> 01:51:16.440]  Okay we're going to go now to Christian in Florida.
[01:51:17.960 --> 01:51:21.720]  Christian thanks for calling in. What's on your mind tonight? Hi guys how are y'all doing tonight?
[01:51:21.720 --> 01:51:28.680]  Pretty good. Thanks. Randy I heard you talking earlier about something I was studying on here,
[01:51:28.680 --> 01:51:36.360]  ex-contract two versus ex-delect two. And are you aware that certain ones can't be joined?
[01:51:38.440 --> 01:51:44.520]  Wait. So the rule under common law is that under rare instances that the causes of action arising
[01:51:44.520 --> 01:51:50.280]  in ex-contract two cannot be joined with causes of action arising in ex-delect two?
[01:51:52.280 --> 01:51:56.920]  And it's in the joint counts they in the thumbstead with counts founded on fraud and
[01:51:56.920 --> 01:52:03.480]  deceit with counts in trover or with counts in case or slander? There's not enough
[01:52:05.000 --> 01:52:08.040]  you didn't give me enough prep to tell me what you're actually talking about.
[01:52:08.680 --> 01:52:13.240]  Well are there some actions can't be in contract joined in with torts
[01:52:14.360 --> 01:52:24.520]  because you're going to put them in the case. Yeah if I have a contract with you say to rent
[01:52:24.520 --> 01:52:36.280]  your car and after the rental time runs out I wreck your car. I wreck your car's torts.
[01:52:37.160 --> 01:52:42.520]  Well I say I don't pay you for the rental. That's a contractual violation. You can't combine the two
[01:52:42.520 --> 01:52:47.320]  and they don't even do to each other. Right there's only sort of causes of action which
[01:52:47.320 --> 01:52:58.600]  may be joined together. But if you have a contract to do a certain thing and you represent to me
[01:52:59.720 --> 01:53:04.920]  that you will do this certain thing knowing when you told me that you had no intention to
[01:53:06.200 --> 01:53:13.160]  that's a tort and it's also violates the contract that you wrote so now it's contort
[01:53:13.160 --> 01:53:23.400]  it's a contractual violation and a tort. Does that make sense? Yeah some things can't be joined
[01:53:23.400 --> 01:53:32.760]  some things can. Some things can't. If the tort arises out of something occurring in a contract
[01:53:33.960 --> 01:53:41.000]  then it may be you may be able to join it but if the tort is even if it rises out of something
[01:53:41.000 --> 01:53:47.000]  in the contract it's totally separate from contract and the way I was getting to that with
[01:53:47.000 --> 01:53:55.240]  a judge is a judge entered into a contract where he has swore to oppose the laws of the constitution
[01:53:57.320 --> 01:54:03.800]  and I'm a third party beneficiary to that contract. Well if he violates the law relate to his office
[01:54:03.800 --> 01:54:12.040]  and harms me that's a tort but that's also an act in violation of the sworn contract that he has
[01:54:12.040 --> 01:54:19.640]  with me that I have a right to depend on. So it's also a contractual violation.
[01:54:21.640 --> 01:54:27.240]  So you wouldn't pay one or over the other? No you wouldn't do both of them.
[01:54:27.240 --> 01:54:33.080]  So each it's two separate actions? Yeah well there are two
[01:54:37.400 --> 01:54:41.320]  under the general rule of contracts that the cause of action of the same nature and assumption may
[01:54:41.320 --> 01:54:47.080]  be joined the joiner of counts in the various combinations has been permitted though but if
[01:54:48.360 --> 01:54:53.160]  the general rule is augmented by the statutory provisions abolishing the distinctions between
[01:54:53.160 --> 01:54:59.400]  the trespass and case or slander that counts upon torts the same nature and requiring the same
[01:54:59.400 --> 01:55:05.320]  judgment to be joined the joiner of various causes of action sounding and tort has been permitted
[01:55:05.320 --> 01:55:12.200]  including the joiner of trespass is another form. And that is simply joined you'd have to keep two.
[01:55:12.200 --> 01:55:18.680]  Right right that's because the nature of tort the nature of tort is that it's a
[01:55:18.680 --> 01:55:26.600]  a violation as the it's an act as a matter of law the tort exists as a matter of law
[01:55:27.640 --> 01:55:36.600]  so to charge you two torts for the same act amounts to double jeopardy so they would you
[01:55:36.600 --> 01:55:42.840]  wouldn't be able to join the two but in a con tort where one is a matter of law the other is
[01:55:42.840 --> 01:55:48.920]  a matter of contract you can join those two where the one action violates both them out of the one
[01:55:48.920 --> 01:55:56.760]  contract yeah yeah because the contract yeah the contract goes to money he the judge entered into
[01:55:56.760 --> 01:56:04.920]  a contract he got paid to to perform under the contract he violated that contract and that's
[01:56:04.920 --> 01:56:09.000]  the money issue yeah but i didn't think you were making it clear enough that you know some things
[01:56:09.000 --> 01:56:13.320]  can't be joined and you know because everybody wants to stick everything in one case action and
[01:56:13.960 --> 01:56:19.560]  they'll wind up the judge will weigh certain things in there well yeah you're absolutely right
[01:56:19.560 --> 01:56:26.040]  i wasn't getting quite that detailed i was i was really just trying to get the idea that
[01:56:27.240 --> 01:56:36.120]  look for contract violations and tort violation and it would be pretty obvious when you start
[01:56:36.120 --> 01:56:43.480]  putting them together if you have a tort in one place and a contract violation in the other place
[01:56:43.480 --> 01:56:50.360]  don't have anything to do with each other you won't be able to put those together and two
[01:56:50.360 --> 01:56:59.320]  torts would each be separate you know points going on there each because the torts go to
[01:57:00.200 --> 01:57:04.680]  an injury as a matter of law you know if i was going off the road and run through your
[01:57:04.680 --> 01:57:08.840]  like yard we don't have a contract okay listen listen we're coming up to the end of the show
[01:57:08.840 --> 01:57:15.080]  we only got we only got 30 seconds left meta i'm sorry uh we'll we'll need to speak to you on
[01:57:15.080 --> 01:57:21.080]  thursday and christian you're welcome to call back in on thursday as well okay thanks guys all right
[01:57:21.080 --> 01:57:26.840]  and randy will be back in studio on thursday so he'll be back on his good quality mic that we got
[01:57:26.840 --> 01:57:33.880]  here so in the meantime please tune in tomorrow night for tom keiley i knew we'll report randy
[01:57:33.880 --> 01:57:40.040]  i knew we'll report radio and tony davis and we'll be back thursday don't forget radio free oklahoma
[01:57:40.040 --> 01:58:08.200]  we'll be back thursday
[01:58:10.040 --> 01:58:24.200]  like
[01:58:40.040 --> 01:58:42.040]  You