ROL_2009-03-12_16k.timecode

[00:00.000 --> 00:05.200]  This news brief brought to you by the International News Net.
[00:05.200 --> 00:10.260]  A government report Wednesday said more than 1 in 10 workers were unemployed in four states
[00:10.260 --> 00:11.260]  in January.
[00:11.260 --> 00:16.420]  According to a Reuters poll, more than 13 million Americans are now jobless.
[00:16.420 --> 00:20.900]  The FBI's Terrorist Screening Center admitted this week that more than 1 million names were
[00:20.900 --> 00:26.240]  on its terrorist watch list, showing how far the Bush administration had moved toward creating
[00:26.240 --> 00:27.700]  a police state.
[00:27.700 --> 00:32.920]  Freddie Mac said it will ask the government for nearly $31 billion in additional aid after
[00:32.920 --> 00:36.440]  posting a loss of more than $50 billion last year.
[00:36.440 --> 00:41.920]  The report comes just weeks after Fannie Mae said it would need $15 billion in government
[00:41.920 --> 00:45.880]  handouts after losing $60 billion last year.
[00:45.880 --> 00:50.040]  Top of the hour news brought to you by INN World Report.
[00:50.040 --> 00:56.120]  Investigative reporter Seymour Hersh uncovered a covert military operation he calls an executive
[00:56.120 --> 01:01.800]  assassination ring, which reported directly to former Vice President Dick Cheney.
[01:01.800 --> 01:07.300]  Hersh said the CIA was deeply involved in domestic activities against people thought
[01:07.300 --> 01:09.760]  to be enemies of the state.
[01:09.760 --> 01:15.200]  Hersh described a second area of extra-legal operations called the Joint Special Operations
[01:15.200 --> 01:20.560]  Command, who did not report to anybody except Cheney during the last administration.
[01:20.560 --> 01:25.680]  Hersh stated, under Bush's authority, they've been going into countries not talking to the
[01:25.680 --> 01:30.880]  ambassador or the CIA station chief, finding people on a list, executing them, and then
[01:30.880 --> 01:31.880]  leaving.
[01:31.880 --> 01:36.200]  Stories have been coming out about covert Pentagon assassination squads for the last
[01:36.200 --> 01:37.560]  several years.
[01:37.560 --> 01:43.800]  In 2003, Hersh reported on Task Force 121, which operated chiefly out of the Joint Special
[01:43.800 --> 01:45.200]  Operations Command.
[01:45.200 --> 01:52.600]  Top of the hour news brought to you by INN World Report.
[01:52.600 --> 01:58.440]  According to a Consumer Watchdog study, insurance and drug companies spent nearly $1 billion
[01:58.440 --> 02:02.200]  lobbying Congress in the past two years.
[02:02.200 --> 02:06.360]  Consumer Watchdog said that amount of money raises questions about the independence of
[02:06.360 --> 02:12.880]  lawmakers as they consider changes to the health care system proposed by the Obama administration.
[02:12.880 --> 02:19.880]  The study found the biggest beneficiaries included Senators John McCain with $546,000,
[02:19.880 --> 02:27.200]  Mitch McConnell with $425,000, and Max Baucus with $413,000.
[02:27.200 --> 02:31.520]  Baucus is head of the Senate Finance Committee and will play a leading role in the health
[02:31.520 --> 02:33.280]  care reform debate.
[02:33.280 --> 02:38.320]  Jerry Flanagan, Consumer Watchdog's health care advocate, noted Baucus was the top Democratic
[02:38.320 --> 02:44.840]  recipient of contributions from health insurers and drug makers over the last four years.
[02:44.840 --> 02:46.920]  Baucus has taken a leading role in the debate.
[02:46.920 --> 02:52.280]  He issued a so-called white paper in November advocating the kind of mandatory coverage
[04:16.920 --> 04:32.040]  This is Deborah Stevens.
[04:32.040 --> 04:34.240]  I'm here with Randy Kelton.
[04:34.240 --> 04:38.200]  This is the Rule of Law on Rule of Law Radio.
[04:38.200 --> 04:44.840]  We want to welcome all our new listeners from Liberty, 1640 A.M., broadcasting in Sioux
[04:44.840 --> 04:48.060]  Falls, South Dakota, and Omaha, Nebraska.
[04:48.060 --> 04:55.800]  One of our newest affiliates, we want to thank you for tuning in to our program this evening.
[04:55.800 --> 05:04.960]  And at the request of Chess, who runs Liberty Radio 1640 A.M., we are going to go back and
[05:04.960 --> 05:11.000]  do a little review tonight on the basics, a review of the basics of due process.
[05:11.000 --> 05:16.080]  So you asked for it, and you're going to get it tonight, and callers, you can also call
[05:16.080 --> 05:17.080]  in.
[05:17.080 --> 05:20.760]  But maybe if you could just hold off on the calls for maybe the next few segments while
[05:20.760 --> 05:24.320]  Randy goes over the basics here of due process.
[05:24.320 --> 05:25.320]  Okay.
[05:25.320 --> 05:32.320]  What I'm going to do today is I'm just going to kind of walk through sort of an introductory
[05:32.320 --> 05:38.800]  for those who are new listeners and don't really understand all that we do.
[05:38.800 --> 05:44.920]  I'll give a kind of an overview, and then tomorrow I'm going to look at doing a full show on
[05:44.920 --> 05:47.080]  due process.
[05:47.080 --> 05:48.080]  Start to finish.
[05:48.080 --> 05:52.640]  Yes, and we've done one already, a four-hour show on due process, and I'm going to go back
[05:52.640 --> 05:57.040]  and retrieve that archive from WTPR, because that was one of the best shows we ever did.
[05:57.040 --> 06:01.880]  So we'll try to do it as good as we did last time tomorrow.
[06:01.880 --> 06:04.560]  I'll try.
[06:04.560 --> 06:15.640]  Okay, basically what I do and what we're trying to promote is nothing very, it shouldn't be
[06:15.640 --> 06:21.160]  unusual at all, and it shouldn't surprise anyone.
[06:21.160 --> 06:23.240]  You and I are sovereign citizens.
[06:23.240 --> 06:29.800]  Now, a lot of people talk about being a sovereign, but for the most part, they talk about sovereignty
[06:29.800 --> 06:32.760]  different than I do.
[06:32.760 --> 06:39.600]  I don't talk about sovereignty in terms of my rights and the privileges I have as a sovereign
[06:39.600 --> 06:41.560]  citizen.
[06:41.560 --> 06:49.000]  I think of my sovereignty in the way that Solomon spoke to his sovereignty.
[06:49.000 --> 06:55.040]  You never hear the Bible talking about all of the rights and privileges Solomon got being
[06:55.040 --> 07:04.560]  a king, but what you hear primarily about Solomon is that all of the thorniest problems
[07:04.560 --> 07:10.160]  in the kingdom were brought and dropped right squarely at his feet.
[07:10.160 --> 07:15.960]  I hear people all of the time complaining that the courts don't follow law.
[07:15.960 --> 07:20.760]  And my question is, well, what did you do about it?
[07:20.760 --> 07:23.640]  Well, what can I do about it?
[07:23.640 --> 07:31.960]  Well, you're the sovereign of my own business for some 35 years.
[07:31.960 --> 07:39.120]  And if I had somebody working for me and I said, okay, here's the rules, here's what
[07:39.120 --> 07:41.600]  I want you to do.
[07:41.600 --> 07:42.600]  And they don't follow the rules.
[07:42.600 --> 07:43.600]  What do you do?
[07:43.600 --> 07:47.920]  You go down there and file an objection?
[07:47.920 --> 07:50.520]  You file a challenge to the jurisdiction?
[07:50.520 --> 07:56.280]  No, no, no, no, no, I'm the sovereign.
[07:56.280 --> 07:58.000]  You're the servant.
[07:58.000 --> 07:59.200]  These are the rules.
[07:59.200 --> 08:01.060]  You follow the rules.
[08:01.060 --> 08:04.200]  This is not a negotiation.
[08:04.200 --> 08:14.920]  When I go before the courts, rather I win or lose, I want my officials to follow law.
[08:14.920 --> 08:22.120]  First and foremost, if they don't follow law and I win today, odds are I'm going to lose
[08:22.120 --> 08:25.000]  big time tomorrow.
[08:25.000 --> 08:30.320]  I want them to follow law all the time, every time.
[08:30.320 --> 08:34.640]  And that's all I want.
[08:34.640 --> 08:40.380]  I don't ask anything of them other than that they obey the law that you and I have laid
[08:40.380 --> 08:42.200]  down for them.
[08:42.200 --> 08:50.720]  Okay, with that posture set, how do we go about getting them to obey law?
[08:50.720 --> 08:56.720]  Well, first thing I do is file criminal complaints.
[08:56.720 --> 09:05.040]  If a public official violates a law relating to his office or fails to perform a duty he's
[09:05.040 --> 09:12.640]  required to perform, in most every state that's a crime.
[09:12.640 --> 09:19.960]  In every state it's a crime and it's in statute in most every state, but if there's a state
[09:19.960 --> 09:24.200]  where it's not in statute, you can pull the statute from another state.
[09:24.200 --> 09:26.760]  New Mexico, we couldn't find the statute.
[09:26.760 --> 09:30.040]  So we could pull the statute from Texas.
[09:30.040 --> 09:34.680]  And while I'm there, let me explain how that works.
[09:34.680 --> 09:37.480]  We'll talk about bringing law from one state into another.
[09:37.480 --> 09:49.360]  The only time you can do that is if there is an issue in the state that the state legislature
[09:49.360 --> 09:53.720]  hasn't passed a statute to cover.
[09:53.720 --> 09:58.380]  If there isn't a statute in your state to cover this situation, you can go to another
[09:58.380 --> 09:59.960]  state and pull the statute.
[09:59.960 --> 10:08.480]  And the reason you can is that all the legislators trust the legislators.
[10:08.480 --> 10:16.480]  And they say, well, and actually, and obviously the courts, they say, well, the Texas legislature
[10:16.480 --> 10:21.260]  didn't address this particular issue, but Oklahoma did.
[10:21.260 --> 10:26.000]  And we trust Oklahoma to pass just law.
[10:26.000 --> 10:30.320]  So if they've dealt with this issue, we can go to Oklahoma and pull their statute and
[10:30.320 --> 10:32.280]  use it here.
[10:32.280 --> 10:39.080]  But only where there's no statute in Texas that addresses that particular issue because
[10:39.080 --> 10:42.120]  hierarchy of law, Texas is first.
[10:42.120 --> 10:45.400]  This is the same thing with the federal law.
[10:45.400 --> 10:51.880]  The federal criminal code is not as complete as most state criminal codes is.
[10:51.880 --> 11:00.880]  So if a federal official is within the state and he commits an act, if there is no federal
[11:00.880 --> 11:08.640]  statute governing that particular action, but it's made a crime in the state law that
[11:08.640 --> 11:17.880]  surrounds the federal official or the other side of the act, the state law applies and
[11:17.880 --> 11:23.200]  the federal government can enforce the state law.
[11:23.200 --> 11:27.960]  And that's because the state legislature has addressed it and the federal legislature hasn't
[11:27.960 --> 11:32.880]  addressed it and they trust the state legislature to pass good law.
[11:32.880 --> 11:34.420]  Okay.
[11:34.420 --> 11:46.720]  With that said, we have in most every state a very good corpus juris, a very good body
[11:46.720 --> 11:48.480]  of law.
[11:48.480 --> 11:56.080]  People complain about it a lot, but that's generally because they haven't read it carefully.
[11:56.080 --> 12:03.120]  Attorneys will tend to just look at those areas that they deal in.
[12:03.120 --> 12:06.000]  I deal with due process.
[12:06.000 --> 12:16.440]  Now people ask me questions about real estate all the time and about mortgage and child
[12:16.440 --> 12:22.160]  care, I mean CCS, I don't know anything about those.
[12:22.160 --> 12:27.640]  I don't study family law, I don't study real estate law, I'm beginning to study contract
[12:27.640 --> 12:32.360]  law somewhat, but I'm a novice in contract law.
[12:32.360 --> 12:39.480]  I know due process front to back because I read the book two or three times every time
[12:39.480 --> 12:41.880]  I read it to find more stuff.
[12:41.880 --> 12:49.280]  And I read the book looking for tools that I can use to whip my public officials in shape
[12:49.280 --> 12:56.360]  with and frankly there are lots of them in there.
[12:56.360 --> 13:04.080]  What I'm doing and the problems that I'm finding, they exist from no lack of law.
[13:04.080 --> 13:07.920]  They exist from lack of will to enforce law.
[13:07.920 --> 13:14.200]  If we force our officials to go back to the law our founders laid in place, 90% of these
[13:14.200 --> 13:19.240]  problems we have will simply go away.
[13:19.240 --> 13:26.020]  We don't need the legislature passing new laws as fast as they can crank them out.
[13:26.020 --> 13:31.080]  We have a good corpus juris, all we need to do is use it.
[13:31.080 --> 13:36.180]  Primarily what I do is if a public official violates a law relating to his office and
[13:36.180 --> 13:40.280]  denies a citizen full and free access to or enjoyment of any right, that's a crime.
[13:40.280 --> 13:43.680]  So I go down and file criminal charges against him.
[13:43.680 --> 13:52.200]  And most people when I say that they kind of shudder because most of us, the only experience
[13:52.200 --> 13:58.020]  we have with the criminal justice system is when the criminal justice system is acting
[13:58.020 --> 14:03.680]  against us or somebody else sues us.
[14:03.680 --> 14:06.840]  Just always in criminal justice they're coming after you.
[14:06.840 --> 14:12.360]  So the only experience you have with them is in a defensive mode.
[14:12.360 --> 14:21.840]  And we as sovereign citizens, when we go before our courts we should be wearing two hats,
[14:21.840 --> 14:23.360]  not one hat.
[14:23.360 --> 14:30.360]  When I go before a court if I have a charge against me I put on my litigants hat and we
[14:30.360 --> 14:39.560]  litigate my case until one of those officials steps across one of my legal lines.
[14:39.560 --> 14:44.120]  Then I take off my litigants hat and I put on my sovereigns hat and I say wait a minute
[14:44.120 --> 14:47.540]  Bubba hold on here.
[14:47.540 --> 14:52.720]  More than one time I've turned to the bailiff and said Mr. Bailiff did you hear that?
[14:52.720 --> 14:57.360]  Yes Mr. Kelton I did, drag that judge down off that bench, judge you get down off that
[14:57.360 --> 15:00.800]  bench you are disqualified.
[15:00.800 --> 15:06.280]  And I've never had a judge do anything to me for that.
[15:06.280 --> 15:13.720]  They know, they know the difference between the litigant and the sovereign.
[15:13.720 --> 15:17.160]  They know when I'm invoking the law against them.
[15:17.160 --> 15:25.080]  Generally what I do and I don't suggest that people do that as a matter of course in a
[15:25.080 --> 15:33.080]  trial that you're in I did that in a case where I set the judge up, it was just a traffic
[15:33.080 --> 15:35.240]  ticket so I didn't care about it.
[15:35.240 --> 15:39.520]  But if your liberty is at stake I don't suggest you do that.
[15:39.520 --> 15:49.480]  What I suggest is if your local courts aren't following law go down there and pick the fight.
[15:49.480 --> 15:52.160]  I go down there and start fights myself.
[15:52.160 --> 15:59.200]  I go down there and ask them to do something that I know they won't do.
[15:59.200 --> 16:04.960]  One of my favorites when I'm going into a jurisdiction is I'll ask to see the morning
[16:04.960 --> 16:09.120]  hearings they have for people who've been arrested.
[16:09.120 --> 16:15.000]  And everywhere I've been they hold those hearings deep in the jail and they tell me oh well
[16:15.000 --> 16:22.200]  you can't see that hearing we hold it deep in the jail and you would be a security risk.
[16:22.200 --> 16:26.800]  Johnson County was one of my favorites I told them oh that's no problem hold it somewhere
[16:26.800 --> 16:31.240]  else I'm here I want to watch.
[16:31.240 --> 16:35.640]  And we had this struggle about it and they got me a lieutenant and the lieutenant went
[16:35.640 --> 16:39.440]  back and talked to the judge and came back and said the judge said it's her courtroom
[16:39.440 --> 16:41.160]  and you may not enter it.
[16:41.160 --> 16:47.000]  I told the lieutenant you advise that judge she is mistaken it is my courtroom and I very
[16:47.000 --> 16:51.320]  generously allow her to administer it and I will allow her to administer it right after
[16:51.320 --> 16:52.320]  this break.
[16:52.320 --> 16:59.280]  All right we'll be right back this is the rule of law Randy Kelton and Deborah Stevens.
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[18:59.200 --> 19:15.480]  Their oath they're not abiding we ask the questions and look what we get they do not
[19:15.480 --> 19:35.200]  give us the answers tyranny them a tear you tyranny them a tear you them a tear me them
[19:35.200 --> 19:42.120]  a tear up the whole country all right that's some three shoes posse for you this is the
[19:42.120 --> 19:49.120]  rule of law Randy Kelton and Deborah Stevens here on ruleoflawradio.com okay Randy please
[19:49.120 --> 19:57.100]  continue talking about this arrest procedure yeah the point is you have two postures before
[19:57.100 --> 20:03.800]  the court and you know some countries you have one posture but in the United States
[20:03.800 --> 20:13.840]  we have two we have our posture as a defendant and a litigant but we are also the sovereigns
[20:13.840 --> 20:23.000]  and we should never forget it to get comfortable with your position before the court you should
[20:23.000 --> 20:28.520]  go down to the courthouse sometime and talk to them ask them questions go to the jail
[20:28.520 --> 20:31.560]  and tell them you want to see that hearing they hold every morning for the people who've
[20:31.560 --> 20:35.520]  been arrested and you can tell them what I told this lieutenant he said Mr. Kelton do
[20:35.520 --> 20:41.120]  you mind if I ask why you want to see that see I don't know about other states but in
[20:41.120 --> 20:48.500]  Texas they can't ask you any questions about why you want to access to any public information
[20:48.500 --> 20:52.200]  they can ask you who you are and what information you want to see anything else is forbidden
[20:52.200 --> 20:59.040]  by law so he asked me if he could ask so I said sure ask well Mr. Kelton why do you want
[20:59.040 --> 21:06.440]  to see this I said entertainment he looked at me like oh so you're not going to tell
[21:06.440 --> 21:15.960]  me huh and I look back like no I'm not the point was and he got it I am a citizen we
[21:15.960 --> 21:22.920]  have a public court and is to remain public and I don't have to explain myself to him
[21:22.920 --> 21:30.800]  go to the courts talk to him ask him questions I like to go down and ask for records and
[21:30.800 --> 21:35.840]  if they give me anything any kind of hesitation at all I just give him an information request
[21:35.840 --> 21:44.400]  they got 10 days after 10 days I don't go in there and say oh well you were supposed
[21:44.400 --> 21:52.360]  to respond to this in 10 days and you didn't I never talked to him I go to somebody else
[21:52.360 --> 21:59.360]  and ask them to go over and arrest them I'm telling you it's a hoot and they need it done
[21:59.360 --> 22:06.800]  to them they need citizens down there expressing their sovereignty even when they're not upset
[22:06.800 --> 22:13.680]  at them but if you're if your police aren't following law go down there and ask for the
[22:13.680 --> 22:20.480]  personnel files for all of the police officers that'll get him pretty worked up that really
[22:20.480 --> 22:26.600]  gets them wound up that'll get them worked up pretty big time and if they ask you why
[22:26.600 --> 22:30.320]  you want to see those and you tell you tell him I was this guy on the radio and he said
[22:30.320 --> 22:38.880]  if I did that it would really tick you guys off did it when you when they don't have a
[22:38.880 --> 22:47.380]  charge against you and you go down there you are extremely dangerous you're like citizens
[22:47.380 --> 22:53.840]  are like might like walking through a minefield they never know which one's going to blow
[22:53.840 --> 23:05.400]  up on them they never know which one is married to the judge or has a relative high up in
[23:05.400 --> 23:09.160]  politics or something they never know when the sky is going to fall in on them especially
[23:09.160 --> 23:16.120]  when someone goes down and talks to them we do that a little bit we'll begin to find out
[23:16.120 --> 23:22.320]  how really frightened these people are I talked to people about the criminal justice system
[23:22.320 --> 23:29.040]  everybody's afraid of one thing I can assure you from my experience of dealing with them
[23:29.040 --> 23:36.400]  the people in the criminal justice system they're more afraid of it than you are you
[23:36.400 --> 23:47.400]  get to see it rarely and when you do you're shocked and amazed at how corrupt it is the
[23:47.400 --> 23:55.560]  police officers aren't they see it all the time they know exactly how corrupt it is now
[23:55.560 --> 24:04.720]  anybody out there who knows personally knows a police officer do you know a single police
[24:04.720 --> 24:13.240]  officer who thinks of himself as a jackbooted thug I know a number of police officers and
[24:13.240 --> 24:19.840]  all of them want to be the good guys we get a lot of people out here that hate the police
[24:19.840 --> 24:27.600]  and I'm going to tell you they are not the problem they didn't create this problem they
[24:27.600 --> 24:32.840]  dropped into this problem most people who get into law enforcement do it because they
[24:32.840 --> 24:39.400]  want to be the good guys they get in it and find out it's not anything like they thought
[24:39.400 --> 24:49.640]  it was being officer Joe that everybody likes and respects doesn't happen everybody hates
[24:49.640 --> 24:56.400]  and fears them because everybody they arrest gets screwed through the system they watch
[24:56.400 --> 25:02.640]  people getting screwed every day they hate it every policeman I've talked to hates the
[25:02.640 --> 25:12.000]  system and they are more afraid of it than you are you think you know how bad it is they
[25:12.000 --> 25:17.040]  are very well aware of how bad it is well it's their career it's their job yeah you
[25:17.040 --> 25:23.960]  know and so they could lose their livelihood and the last thing they want is that same
[25:23.960 --> 25:31.640]  system coming after them yeah exactly because they know they live in this skewed environment
[25:31.640 --> 25:37.840]  they see policemen committing crimes all the time they even have a special term for when
[25:37.840 --> 25:47.280]  a officer gets up on the stand and gives false testimony they call it testifying they see
[25:47.280 --> 25:57.400]  this all the time but then every once in a while when an officer is really really a scoundrel
[25:57.400 --> 26:03.160]  so bad he embarrasses everybody every once in a while they have to serve somebody up
[26:03.160 --> 26:07.960]  so they'll pick the worst rottenness scoundrel somebody they got to get rid of and they'll
[26:07.960 --> 26:19.000]  crucify him well what the police tend to see is they only see people get public officials
[26:19.000 --> 26:26.040]  get prosecuted and when they get prosecuted they get crucified they don't you know it
[26:26.040 --> 26:32.280]  doesn't occur to them that you really have to be a low-down scoundrel or they'll never
[26:32.280 --> 26:37.200]  come after you they tend not to think about it that way they just know that everyone they
[26:37.200 --> 26:44.320]  see prosecuted really gets crucified and they do not want it to happen to them they are
[26:44.320 --> 26:54.200]  more afraid of the system than you are they're most afraid of the knowledgeable citizen the
[26:54.200 --> 27:01.000]  sovereign the one who is not afraid of them who treats them with dignity and respect and
[27:01.000 --> 27:06.280]  demands that they perform their duty the guy who comes down there jumping up and down and
[27:06.280 --> 27:11.200]  waving his arms and demanding his rights and giving them legal advice they hear that all
[27:11.200 --> 27:18.840]  the time what they don't come across often is the guy who's done his homework and has
[27:18.840 --> 27:27.880]  a purpose in mind knows what his outcome is and moves them toward it this is what we do
[27:27.880 --> 27:38.320]  this is what we try to promote in everything that I do before the court I have clearly
[27:38.320 --> 27:45.280]  in mind what my ultimate outcome is you have to know that if you're you're going to be
[27:45.280 --> 27:54.560]  effective if you're going to exert power over these people you have to know where you're
[27:54.560 --> 28:04.000]  going if you don't know where you're going odds are you'll wind up somewhere else I didn't
[28:04.000 --> 28:11.920]  coin that I wish I had but know where you want to go know where you want to end up the
[28:11.920 --> 28:17.560]  steps in between they don't matter most of the people who deal in legal reform deal in
[28:17.560 --> 28:23.880]  the steps they want to go file this motion and then it doesn't work and they feel like
[28:23.880 --> 28:28.600]  you know something's wrong I've been mistreated oh this is horrible and then they go away
[28:28.600 --> 28:39.860]  frustrated and dejected I do lots of stuff but none of it is my ultimate end goal my
[28:39.860 --> 28:47.960]  ultimate end goal is to take the judge and place him in a position such that when he
[28:47.960 --> 28:55.240]  steps up behind the bench and looks out across the bar at the gallery I want him wondering
[28:55.240 --> 29:03.120]  which one which one of those jack legs are sitting out there waiting for me to render
[29:03.120 --> 29:09.640]  a ruling that he doesn't like so he can run down to the grand jury and try to get me indicted
[29:09.640 --> 29:16.840]  we get our judges in that position these problems we're having with the courts will simply go
[29:16.840 --> 29:25.600]  away the laws are all in place the structure is very well put together it's been honed
[29:25.600 --> 29:33.520]  over hundreds of years there's not a thing wrong with the Corpus Juris the thing that's
[29:33.520 --> 29:37.200]  wrong with you and me and I'll get to that right after the word all right we're going
[29:37.200 --> 29:58.640]  to break rule of law Randy Kelton and Deborah Stevens right here on ruleoflawradio.com
[29:58.640 --> 30:02.760]  Gold prices are at historic highs and with the recent pullback this is a great time to
[30:02.760 --> 30:08.120]  buy with the value of the dollar risks of inflation geopolitical uncertainties and instability
[30:08.120 --> 30:13.400]  in world financial systems I see gold going up much higher hi I'm Tim Fry at Roberts
[30:13.400 --> 30:17.800]  and Roberts brokerage everybody should have some of their assets in investment grade precious
[30:17.800 --> 30:22.620]  metals at Roberts and Roberts brokerage you can buy gold silver and platinum with confidence
[30:22.620 --> 30:28.160]  from a brokerage that specialized in the precious metals market since 1977 if you are new to
[30:28.160 --> 30:32.640]  precious metals we will happily provide you with the information you need to make it informed
[30:32.640 --> 30:37.520]  decision whether or not you choose to purchase from us also Roberts and Roberts brokerage
[30:37.520 --> 30:41.560]  values your privacy and will always advise you in the event that we would be required
[30:41.560 --> 30:46.560]  to report any transaction if you have gold silver platinum you'd like to sell we can
[30:46.560 --> 30:53.760]  convert it for immediate payment call us at 800-874-9760 we're Roberts and Roberts brokerage
[30:53.760 --> 31:16.640]  800-874-9760
[31:24.760 --> 31:26.760]  and I'm not gonna answer
[31:27.760 --> 31:28.760]  okay
[31:28.760 --> 31:29.760]  because
[31:29.760 --> 31:31.760]  Julie man she well gully
[31:31.760 --> 31:33.760]  she said she don't want no man were free
[31:33.760 --> 31:34.760]  because
[31:34.760 --> 31:36.760]  Julie man she well gully
[31:36.760 --> 31:39.760]  she said she only want helicopter burn and free
[31:39.760 --> 31:42.760]  because the man me say bring the money
[31:42.760 --> 31:45.760]  bring the money in US currency
[31:45.760 --> 31:47.760]  bring infinity give it to Julie
[31:47.760 --> 31:50.760]  Julie said she love to always pay
[31:50.760 --> 31:53.760]  so she only want me say US currency
[31:53.760 --> 31:56.760]  but now the economy getting badly
[31:56.760 --> 31:59.760]  while she losing a lot of money
[31:59.760 --> 32:00.760]  Julie said she only want me
[32:00.760 --> 32:01.760]  all right we are back
[32:01.760 --> 32:03.760]  Randy Kelton and Deborah Stevens
[32:03.760 --> 32:06.760]  ruleoflawradio.com
[32:06.760 --> 32:09.760]  all right we're presenting
[32:09.760 --> 32:15.760]  due process here for some of our newer listeners up in Omaha Nebraska and Sioux Falls South Dakota
[32:15.760 --> 32:19.760]  and we are going to be getting to some nuts and bolts pretty soon
[32:19.760 --> 32:26.760]  of what we can really do and what we need to look at and and knowing what to do about it in specific
[32:26.760 --> 32:29.760]  now they're going to be different from state to state
[32:29.760 --> 32:35.760]  the nuts and bolts depending on your own state statutes but for the most part it's going to be
[32:35.760 --> 32:37.760]  the principles are the same
[32:37.760 --> 32:38.760]  right Randy
[32:38.760 --> 32:44.760]  yes all the states essentially follow the federal guidelines
[32:44.760 --> 32:49.760]  the federal requirements pretty well form
[32:49.760 --> 32:52.760]  the structure of the statutes
[32:52.760 --> 33:00.760]  so if you understand one state and you look at another I went to Pennsylvania it took me two hours to go through their code
[33:00.760 --> 33:05.760]  because I go through it and ninety percent of it already knew
[33:05.760 --> 33:08.760]  but I found some gems in there
[33:08.760 --> 33:12.760]  and if I seem to be spending a lot of time on posture is because
[33:12.760 --> 33:17.760]  it is absolutely the most important part
[33:17.760 --> 33:19.760]  the statutes are okay
[33:19.760 --> 33:24.760]  but if you don't have the posture down it will come to nothing
[33:24.760 --> 33:28.760]  and you understand what their motivations are
[33:28.760 --> 33:33.760]  the police for the most part all of them I know are frustrated and angry
[33:33.760 --> 33:39.760]  nothing's like it's supposed to be they're not the good guys like they were intended to be the public hates them
[33:39.760 --> 33:43.760]  and they wind up turning that hate back on the public
[33:43.760 --> 33:50.760]  the prosecutors they go to law school and I'm sure when they're in law school prosecutors and defense attorneys
[33:50.760 --> 33:57.760]  they're not thinking you know they're I'm sorry they are thinking that when they get out they're going to make a difference
[33:57.760 --> 34:00.760]  they're going to be able to help people
[34:00.760 --> 34:03.760]  and further the law
[34:03.760 --> 34:10.760]  when they get out what they find out they're really going to do is they're going to kiss arrogant judges behind
[34:10.760 --> 34:15.760]  because if they don't those judges will put them out of business
[34:15.760 --> 34:23.760]  now I doubt that many attorneys went to law school thinking oh I'm going to spend my career kissing judges behind
[34:23.760 --> 34:25.760]  they're not very happy either
[34:25.760 --> 34:28.760]  the system is a mess
[34:28.760 --> 34:32.760]  the police and the prosecutors did not create this
[34:32.760 --> 34:35.760]  they stepped into it
[34:35.760 --> 34:37.760]  the ones who created it
[34:37.760 --> 34:40.760]  you and me
[34:40.760 --> 34:49.760]  we didn't stand up and scream bloody murder the first time one of our officials stepped across a legal line and this is what I suggest
[34:49.760 --> 34:55.760]  you find the tiniest thing you can go after them with
[34:55.760 --> 34:59.760]  don't wait until they do something really horrendous
[34:59.760 --> 35:01.760]  find a tiny thing
[35:01.760 --> 35:04.760]  it's a lot easier to go after them over something small
[35:04.760 --> 35:07.760]  I think of them like I do my grandkids
[35:07.760 --> 35:09.760]  I love my grandkids dearly
[35:09.760 --> 35:12.760]  but if one of them runs out in the road
[35:12.760 --> 35:15.760]  I'm fixing tan his hide
[35:15.760 --> 35:18.760]  I'm not going to wait until he nearly gets run over
[35:18.760 --> 35:20.760]  I'm going to tan his hide the first time
[35:20.760 --> 35:24.760]  so we don't have to go to those other levels
[35:24.760 --> 35:29.760]  and this program is about how to do this
[35:29.760 --> 35:32.760]  and I know a lot of you people are thinking
[35:32.760 --> 35:35.760]  well those dirty rotten jackbooty thugs
[35:35.760 --> 35:38.760]  I really want to kick their behinds
[35:38.760 --> 35:42.760]  well you'll appreciate the fact that
[35:42.760 --> 35:44.760]  yeah I'm going to do that too
[35:44.760 --> 35:47.760]  but I'm not going to do it out of anger or malice
[35:47.760 --> 35:53.760]  I'm going to do it in order to achieve my outcome
[35:53.760 --> 35:56.760]  just like one of my kids
[35:56.760 --> 35:59.760]  my grandkids if he runs out in the road
[35:59.760 --> 36:01.760]  I'm going to tan his hide
[36:01.760 --> 36:03.760]  I'm going to tan the policeman's hide
[36:03.760 --> 36:05.760]  but not because I'm angry at him
[36:05.760 --> 36:08.760]  or not because I want to harm him
[36:08.760 --> 36:12.760]  always because I want to fix the system
[36:12.760 --> 36:15.760]  so when I file criminal charges against a police officer
[36:15.760 --> 36:23.760]  if I file them over something that appears to be nothing
[36:23.760 --> 36:29.760]  it has more effect than something that's a big deal
[36:29.760 --> 36:32.760]  and it's easier for us to do that
[36:32.760 --> 36:35.760]  we're not getting into some major catastrophe
[36:35.760 --> 36:39.760]  they're finding out just a small little misstep
[36:39.760 --> 36:41.760]  and they can get stung good
[36:41.760 --> 36:44.760]  it keeps the bigger ones from happening
[36:44.760 --> 36:47.760]  okay with that said
[36:47.760 --> 36:49.760]  now we go to how it's supposed to work
[36:49.760 --> 36:53.760]  if anybody has been arrested in Texas
[36:53.760 --> 36:57.760]  and I've done seminars all over the state
[36:57.760 --> 36:59.760]  the state all over the country
[36:59.760 --> 37:02.760]  and most everywhere I go they say the same thing
[37:02.760 --> 37:06.760]  it's almost the same in every state
[37:06.760 --> 37:09.760]  if you are arrested for any reason
[37:09.760 --> 37:11.760]  with or without a warrant
[37:11.760 --> 37:15.760]  you must be taken directly to the nearest magistrate
[37:15.760 --> 37:18.760]  that comes from the federal requirements
[37:18.760 --> 37:20.760]  it comes from the requirement that
[37:20.760 --> 37:27.760]  the police must not have the power to arrest and imprison
[37:27.760 --> 37:30.760]  I was sitting with an attorney today
[37:30.760 --> 37:34.760]  who didn't want to argue my motions in court
[37:34.760 --> 37:37.760]  and I asked the attorney
[37:37.760 --> 37:43.760]  what do you think is the average conviction rate in Texas?
[37:43.760 --> 37:48.760]  he said I'm not sure what you're asking
[37:48.760 --> 37:52.760]  I said how many people from the time they're charged
[37:52.760 --> 37:55.760]  from the point of being charged
[37:55.760 --> 37:57.760]  wind up convicted?
[37:57.760 --> 37:59.760]  oh 80%?
[37:59.760 --> 38:02.760]  try a little higher, 90?
[38:02.760 --> 38:06.760]  try 99.6
[38:06.760 --> 38:12.760]  the United States has 4% of the world's population
[38:12.760 --> 38:17.760]  we hold 50% of the world's population of inmates
[38:17.760 --> 38:22.760]  how would you define a police state?
[38:22.760 --> 38:24.760]  we are in a police state
[38:24.760 --> 38:29.760]  and we're in a police state because we haven't forced our public officials to follow law
[38:29.760 --> 38:33.760]  and our founders knew how to keep this from happening
[38:33.760 --> 38:40.760]  they said a policeman shall not have the power to arrest and imprison
[38:40.760 --> 38:43.760]  it will lead to disaster
[38:43.760 --> 38:48.760]  it will lead to exactly the disaster we experience today
[38:48.760 --> 38:52.760]  a policeman has the power to arrest for an on-site offense
[38:52.760 --> 38:57.760]  or if he has knowledge that there is an existing warrant
[38:57.760 --> 38:59.760]  but in either case
[38:59.760 --> 39:05.760]  he is to take the person arrested directly to the nearest magistrate and explain himself
[39:05.760 --> 39:09.760]  it's not because they don't trust the policeman
[39:09.760 --> 39:11.760]  that's not the point
[39:11.760 --> 39:13.760]  the point is
[39:13.760 --> 39:15.760]  we don't trust the policeman
[39:15.760 --> 39:19.760]  the point is we don't trust any one branch of government
[39:19.760 --> 39:21.760]  to have all the power
[39:21.760 --> 39:23.760]  that's the point
[39:23.760 --> 39:25.760]  it is because we don't trust the policeman
[39:25.760 --> 39:29.760]  it's because we don't trust any one single entity
[39:29.760 --> 39:32.760]  that's why we have a separation of powers
[39:32.760 --> 39:36.760]  it's not like we don't trust that individual policeman
[39:36.760 --> 39:39.760]  no, it has nothing to do with the individual policeman
[39:39.760 --> 39:41.760]  it's that we don't trust the entity as a whole
[39:41.760 --> 39:44.760]  the executive branch, we don't trust the entity as a whole
[39:44.760 --> 39:48.760]  the court system, we don't trust any one single entity
[39:48.760 --> 39:51.760]  that's why we have a separation of powers
[39:51.760 --> 39:57.760]  our founders understood the nature of the living animal
[39:57.760 --> 40:00.760]  they understood the nature of human beings
[40:00.760 --> 40:06.760]  given power, unbridled power tends to corrupt itself
[40:06.760 --> 40:08.760]  so to keep that from happening
[40:08.760 --> 40:13.760]  they put checks and balances in place
[40:13.760 --> 40:19.760]  and one of the primary checks to the abuse of power
[40:19.760 --> 40:22.760]  was not allowing a police officer
[40:22.760 --> 40:24.760]  to arrest and imprison someone
[40:24.760 --> 40:28.760]  they wanted the police officer to take the person before a magistrate
[40:28.760 --> 40:31.760]  and explain himself
[40:31.760 --> 40:34.760]  and what that has the effect of
[40:34.760 --> 40:40.760]  is giving the individual at least the impression
[40:40.760 --> 40:45.760]  that someone else will decide whether he goes to prison or not
[40:45.760 --> 40:47.760]  not the police officer
[40:47.760 --> 40:51.760]  well somebody else better be actually doing the deciding
[40:51.760 --> 40:55.760]  not just giving us the impression that that's what's going on
[40:55.760 --> 40:57.760]  that better be the way it really is
[40:57.760 --> 41:01.760]  because I'm not going to stop until that's the way that it really is
[41:01.760 --> 41:03.760]  I agree, I'm not either
[41:03.760 --> 41:07.760]  if, our founders were, they were pretty smart
[41:07.760 --> 41:10.760]  I don't think our founders intended to just give an impression, Randy
[41:10.760 --> 41:14.760]  I think our founders intended for that to actually be the way it really is
[41:14.760 --> 41:18.760]  I really don't want to bandy words here
[41:18.760 --> 41:22.760]  an impression would be, that would be enough
[41:22.760 --> 41:25.760]  but no, that's not what they intended
[41:25.760 --> 41:28.760]  it wouldn't be enough for me
[41:28.760 --> 41:32.760]  it would change the whole face of the legal system
[41:32.760 --> 41:36.760]  if we only got that much
[41:36.760 --> 41:40.760]  but they required a lot more than that
[41:40.760 --> 41:45.760]  what they required was that the magistrate
[41:45.760 --> 41:48.760]  perform an examining trial
[41:48.760 --> 41:51.760]  okay I'm going to back up and go through some statutes
[41:51.760 --> 41:57.760]  14.06 code of criminal procedure commands the officer when he makes an arrest
[41:57.760 --> 42:03.760]  to take the person arrested directly to the nearest magistrate
[42:03.760 --> 42:10.760]  210 code of criminal procedure tells a magistrate that
[42:10.760 --> 42:15.760]  it shall be the duty of the magistrate to keep the peace in his jurisdiction
[42:15.760 --> 42:19.760]  that he'll cause the arrest of all offenders
[42:19.760 --> 42:22.760]  and issue all processes
[42:22.760 --> 42:27.760]  2.11 code of criminal procedure
[42:27.760 --> 42:31.760]  tells the police officer
[42:31.760 --> 42:35.760]  I'm sorry, tells the magistrate that
[42:35.760 --> 42:40.760]  when a magistrate sits for the purpose
[42:40.760 --> 42:44.760]  of examining into a criminal accusation
[42:44.760 --> 42:48.760]  that is an examining trial
[42:48.760 --> 42:55.760]  so when a person is arrested they're brought before a magistrate
[42:55.760 --> 43:01.760]  it's the duty of the magistrate to hold an examining trial
[43:01.760 --> 43:04.760]  and chapter 16 code of criminal procedure
[43:04.760 --> 43:10.760]  a whole chapter covers what's done in an examining trial
[43:10.760 --> 43:15.760]  and it starts out with the standard Miranda
[43:15.760 --> 43:20.760]  it essentially starts out with the article 1
[43:20.760 --> 43:22.760]  let's see
[43:22.760 --> 43:26.760]  article 1 paragraph 10
[43:26.760 --> 43:29.760]  Texas Constitution
[43:29.760 --> 43:32.760]  De Bill Rice
[43:32.760 --> 43:35.760]  you have right to counsel
[43:35.760 --> 43:37.760]  against self-incrimination
[43:37.760 --> 43:39.760]  all these things he does first
[43:39.760 --> 43:41.760]  and we'll walk down the list when we get back
[43:41.760 --> 43:48.760]  all right, excellent, we'll be right back, this is the rule of law, Randy Kelton and Deborah Stevens on ruleoflawradio.com
[43:48.760 --> 43:50.760]  we'll be right back
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[45:34.760 --> 45:37.760]  we could not wait any longer
[45:37.760 --> 45:39.760]  would your purpose have to be done?
[45:39.760 --> 45:43.760]  such a symptom and a soldier, a warrior of love
[45:43.760 --> 45:45.760]  scaffolding to keep the peace
[45:45.760 --> 45:48.760]  all they're taking is a misunderstanding
[45:48.760 --> 45:51.760]  and somebody calls the police
[45:51.760 --> 46:05.760]  watching the sparks fly
[46:05.760 --> 46:08.760]  alright, we are back, the rule of law
[46:08.760 --> 46:11.760]  on ruleoflawradio.com
[46:11.760 --> 46:15.760]  alright, we're going over some statutes, some nuts and bolts here
[46:15.760 --> 46:24.760]  for those of us who want hands-on practical solutions of how to solve this problem
[46:24.760 --> 46:29.760]  during the break I was looking for a quote, I found it
[46:29.760 --> 46:32.760]  this is from USV McNabb
[46:32.760 --> 46:38.760]  a democratic society in which respect for the dignity of all men is central
[46:38.760 --> 46:43.760]  naturally guards against the misuse of the law enforcement process
[46:43.760 --> 46:49.760]  zeal in tracking down crime is not in itself an assurance of soberness of judgment
[46:49.760 --> 46:57.760]  disinterredness in law enforcement does not alone prevent disregard for cherished liberties
[46:57.760 --> 47:02.760]  experience has therefore counseled that safeguards must be provided
[47:02.760 --> 47:07.760]  against the dangers of the overzealous as well as the despotic
[47:07.760 --> 47:13.760]  the awful instruments of the criminal law cannot be entrusted to a single functionary
[47:13.760 --> 47:19.760]  a complicated process of criminal justice is therefore divided into different parts
[47:19.760 --> 47:24.760]  responsibility for which is separately vested in the various participants
[47:24.760 --> 47:29.760]  upon whom the criminal law relies for its vindication
[47:29.760 --> 47:33.760]  this is what we're talking about
[47:33.760 --> 47:40.760]  in law there are requirements our legislature has put in place
[47:40.760 --> 47:46.760]  and it is the duty of our public officials to follow those laws
[47:46.760 --> 47:53.760]  if they follow them all, 90% of our problems will take care of themselves
[47:53.760 --> 47:55.760]  back to where we were, okay
[47:55.760 --> 48:01.760]  if you're arrested, the arresting officer is required to take you to the nearest magistrate
[48:01.760 --> 48:03.760]  and explain himself
[48:03.760 --> 48:10.760]  the magistrate is to hold an examination into the sufficiency of the allegation
[48:10.760 --> 48:15.760]  in an examining trial the rules of evidence apply
[48:15.760 --> 48:20.760]  if anybody here has been arrested in Texas and probably most any other state
[48:20.760 --> 48:23.760]  they were taken directly to jail
[48:23.760 --> 48:26.760]  held for a while and run through the booking process
[48:26.760 --> 48:30.760]  and then brought before a magistrate
[48:30.760 --> 48:32.760]  the problem with that
[48:32.760 --> 48:37.760]  the first problem is you have a right to be faced by the accuser in any hearing
[48:37.760 --> 48:42.760]  well in this one your accuser is going to be a jailer
[48:42.760 --> 48:45.760]  for the most part, it's not going to be the arresting officer
[48:45.760 --> 48:49.760]  at least in Texas it will be the jailer
[48:49.760 --> 48:52.760]  the jailer has no personal knowledge of the crime that was committed
[48:52.760 --> 48:55.760]  he only knows what the police officer told him
[48:55.760 --> 49:02.760]  and in Texas and in most every other state based on Spanish law
[49:02.760 --> 49:05.760]  anyone who has knowledge of a crime
[49:05.760 --> 49:07.760]  even if it's hearsay knowledge
[49:07.760 --> 49:10.760]  can file a criminal complaint
[49:10.760 --> 49:13.760]  because what a criminal complaint is
[49:13.760 --> 49:18.760]  is merely a document notifying the court
[49:18.760 --> 49:22.760]  that some sovereign citizen has reason to believe
[49:22.760 --> 49:24.760]  and does believe
[49:24.760 --> 49:29.760]  that a certain person committed a particular criminal act
[49:29.760 --> 49:32.760]  all it is is notice
[49:32.760 --> 49:36.760]  so when I talk about filing criminal complaints
[49:36.760 --> 49:39.760]  you're really safe when you do that
[49:39.760 --> 49:42.760]  because you don't harm anybody
[49:42.760 --> 49:46.760]  you just notify the court that you have reason to believe a crime has been committed
[49:46.760 --> 49:50.760]  and then it is the duty of the court
[49:50.760 --> 49:53.760]  to examine into the sufficiency of the allegation
[49:53.760 --> 49:57.760]  well, in this case you had the arresting officer
[49:57.760 --> 50:00.760]  the guy who actually had personal knowledge
[50:00.760 --> 50:04.760]  who was supposed to take you directly to the magistrate
[50:04.760 --> 50:06.760]  but he didn't, took you to jail
[50:06.760 --> 50:08.760]  as a matter of policy
[50:08.760 --> 50:09.760]  gives you the jailer
[50:09.760 --> 50:12.760]  and then because the officer is not there to swear out the complaint
[50:12.760 --> 50:14.760]  and give it to the judge
[50:14.760 --> 50:17.760]  the jailer fills out the complaint and gives it to the judge
[50:17.760 --> 50:19.760]  problem is
[50:19.760 --> 50:24.760]  he gives it to the judge outside your presence
[50:24.760 --> 50:26.760]  if you go before the judge
[50:26.760 --> 50:31.760]  the judge will already have the file with your name on it
[50:31.760 --> 50:34.760]  and the allegations against you
[50:34.760 --> 50:36.760]  he will as a matter of course
[50:36.760 --> 50:39.760]  advise you of your rights
[50:39.760 --> 50:46.760]  he will advise you of the rights he is in the process of denying
[50:46.760 --> 50:50.760]  then he will advise you of the amount of bail
[50:50.760 --> 50:52.760]  what the courts will say is
[50:52.760 --> 50:54.760]  well, that's not an examining trial
[50:54.760 --> 50:57.760]  that's a magistration
[50:57.760 --> 50:59.760]  and I ask them
[50:59.760 --> 51:02.760]  what's a magistration?
[51:02.760 --> 51:05.760]  I type magistration into Microsoft Word
[51:05.760 --> 51:07.760]  and it puts this little red line under it
[51:07.760 --> 51:09.760]  well, and what I want to know is
[51:09.760 --> 51:11.760]  even if it is a magistration
[51:11.760 --> 51:14.760]  whether or not that's a legitimate legal term
[51:14.760 --> 51:16.760]  I want to know
[51:16.760 --> 51:18.760]  if that's a magistration and it's not an examining trial
[51:18.760 --> 51:20.760]  well, when is the examining trial?
[51:20.760 --> 51:22.760]  because the examining trial has to happen
[51:22.760 --> 51:24.760]  that's what it says in the statute
[51:24.760 --> 51:26.760]  so when did you have it?
[51:26.760 --> 51:30.760]  when did these guys decide to set my bail?
[51:30.760 --> 51:33.760]  because bail can only be set at an examining trial
[51:33.760 --> 51:35.760]  so when did the examining trial happen?
[51:35.760 --> 51:38.760]  because I sure wasn't there
[51:38.760 --> 51:40.760]  when was it?
[51:40.760 --> 51:43.760]  sounds like it was something that happened ex parte to me
[51:43.760 --> 51:45.760]  I blew my timing there
[51:45.760 --> 51:46.760]  I was getting to that
[51:46.760 --> 51:48.760]  I was going to get to that
[51:48.760 --> 51:50.760]  okay, okay, yeah
[51:50.760 --> 51:52.760]  and she's exactly right
[51:52.760 --> 51:54.760]  when did
[51:54.760 --> 51:56.760]  and frankly this little statute
[51:56.760 --> 51:58.760]  and this is why I tell people read the code
[51:58.760 --> 52:00.760]  you will find little gems in there
[52:00.760 --> 52:02.760]  I had read this statute
[52:02.760 --> 52:04.760]  and it didn't occur to me what it meant
[52:04.760 --> 52:08.760]  17.05 Code of Criminal Procedure said
[52:08.760 --> 52:12.760]  bail is taken by a magistrate after an examining trial
[52:12.760 --> 52:15.760]  by a judge in habeas corpus
[52:15.760 --> 52:18.760]  by a police officer under 17.20 21.22
[52:18.760 --> 52:21.760]  and those are three cases where bail is preset
[52:21.760 --> 52:25.760]  by tickets and minor offenses
[52:25.760 --> 52:30.760]  it took a long time for it to dawn on me what that said
[52:30.760 --> 52:36.760]  when the legislature stipulates something
[52:36.760 --> 52:40.760]  stipulates something in the positive
[52:40.760 --> 52:48.760]  it is presumed that those things not stipulated are excluded
[52:48.760 --> 52:53.760]  it said bail is taken by a magistrate after an examining trial
[52:53.760 --> 52:55.760]  and what that means is
[52:55.760 --> 53:05.760]  bail is only taken by a magistrate in this single specified situation
[53:05.760 --> 53:07.760]  no others
[53:07.760 --> 53:10.760]  that's not listed is excluded
[53:10.760 --> 53:12.760]  so
[53:12.760 --> 53:14.760]  judge comes in front of you
[53:14.760 --> 53:16.760]  reads you the charges
[53:16.760 --> 53:18.760]  tells you what the bail is
[53:18.760 --> 53:19.760]  tells you what the bail is
[53:19.760 --> 53:21.760]  a lot of them ask how you plead
[53:21.760 --> 53:23.760]  tell you what the bail is
[53:23.760 --> 53:25.760]  okay bubba
[53:25.760 --> 53:27.760]  who set that bail
[53:27.760 --> 53:33.760]  and when did you hold a hearing under chapter 16
[53:33.760 --> 53:35.760]  16.01
[53:35.760 --> 53:37.760]  you have to advise me all my rights
[53:37.760 --> 53:39.760]  make an attorney available if I want one
[53:39.760 --> 53:41.760]  grant a continuance
[53:41.760 --> 53:44.760]  time to get an attorney if I demand one
[53:44.760 --> 53:49.760]  and then I also have a right to
[53:49.760 --> 53:53.760]  certify the evidence
[53:53.760 --> 53:57.760]  I have a right to cross examine the witness against me
[53:57.760 --> 53:59.760]  there's a whole stack of them
[53:59.760 --> 54:02.760]  in my writ I isolate
[54:02.760 --> 54:07.760]  eight class A misdemeanors the judge commits
[54:07.760 --> 54:10.760]  eight rights that he denies you
[54:10.760 --> 54:16.760]  by not holding the examining trial with you present
[54:16.760 --> 54:19.760]  what's going on here
[54:19.760 --> 54:22.760]  is the prosecutors are telling
[54:22.760 --> 54:25.760]  judges or magistrates
[54:25.760 --> 54:28.760]  that they're doing a magistration hearing
[54:28.760 --> 54:30.760]  they made that up
[54:30.760 --> 54:37.760]  so that the judge won't realize that what he's actually doing is an examining trial
[54:37.760 --> 54:39.760]  the reason they do that
[54:39.760 --> 54:42.760]  is they don't want the records of this arrest
[54:42.760 --> 54:45.760]  hitting the clerk of the court for the most part
[54:45.760 --> 54:48.760]  there are a couple of counties that I've come across
[54:48.760 --> 54:52.760]  that do get the records to the clerk immediately
[54:52.760 --> 54:54.760]  but for the most part
[54:54.760 --> 54:58.760]  the magistrate will hold that hearing
[54:58.760 --> 55:01.760]  the magistration thing they call it
[55:01.760 --> 55:05.760]  gather up all the records and give them to somebody else
[55:05.760 --> 55:12.760]  and even in Travis County where the records wind up in the hands of the clerk quickly
[55:12.760 --> 55:18.760]  I am absolutely certain that the magistrate does not follow law
[55:18.760 --> 55:23.760]  what article 17.30 says
[55:23.760 --> 55:27.760]  under certify proceedings
[55:27.760 --> 55:31.760]  magistrate shall certify all proceedings had in the hearing
[55:31.760 --> 55:34.760]  and this is referenced to an examining trial
[55:34.760 --> 55:37.760]  shall seal all documents had in the hearing
[55:37.760 --> 55:40.760]  in an envelope causes name to be written across the seal
[55:40.760 --> 55:43.760]  and forwarded to the clerk of the court of jurisdiction
[55:43.760 --> 55:46.760]  I'm paraphrasing I left a little of the wordiness out
[55:46.760 --> 55:49.760]  but he's to seal all the documents had in the hearing
[55:49.760 --> 55:53.760]  write his name across the seal
[55:53.760 --> 55:56.760]  now why would they do that
[55:56.760 --> 55:59.760]  okay I'll tell you why
[55:59.760 --> 56:05.760]  in order for the court to have subject matter jurisdiction
[56:05.760 --> 56:12.760]  someone must place in the hand of the magistrate a criminal complaint
[56:12.760 --> 56:15.760]  now when a criminal complaint is put in a judge's hand
[56:15.760 --> 56:19.760]  the judge stops being a judge
[56:19.760 --> 56:21.760]  and puts on the judge's second hat
[56:21.760 --> 56:24.760]  judges wear two hats
[56:24.760 --> 56:27.760]  one is a judge one is a magistrate
[56:27.760 --> 56:30.760]  magistrates can only do two things
[56:30.760 --> 56:32.760]  they can marry people
[56:32.760 --> 56:37.760]  and they can hold examining trials
[56:37.760 --> 56:39.760]  that's it
[56:39.760 --> 56:42.760]  well the judge might be a mayor
[56:42.760 --> 56:46.760]  or it might be a municipal judge or a justice of the peace
[56:46.760 --> 56:50.760]  who is an inferior court judge
[56:50.760 --> 56:53.760]  in that by inferior they mean
[56:53.760 --> 56:59.760]  these courts can be ruled over by a non-attorney judicial officer
[56:59.760 --> 57:02.760]  so the guy just might be a layman
[57:02.760 --> 57:07.760]  and he's sitting as a judge so if you go before a magistrate who's not a judge
[57:07.760 --> 57:10.760]  and you have a complicated situation here
[57:10.760 --> 57:14.760]  he might not understand the legal particulars
[57:14.760 --> 57:18.760]  or he might just not do a good job
[57:18.760 --> 57:21.760]  and you have a right to contest
[57:21.760 --> 57:25.760]  the probable cause determination before a court of record
[57:25.760 --> 57:29.760]  before a judge who is a learned counsel
[57:29.760 --> 57:33.760]  so they ask this judge who could be an inferior judge
[57:33.760 --> 57:37.760]  to seal all the records he used to make the legal determination
[57:37.760 --> 57:42.760]  in an envelope caused by a name derivative across the seal and forth to the court jurisdiction
[57:42.760 --> 57:48.760]  that way if you challenge the sufficiency of the probable cause hearing and a franks hearing
[57:48.760 --> 57:55.760]  then all of the records the judge had before him are in the court record
[57:55.760 --> 57:58.760]  except in Texas they're not
[57:58.760 --> 58:05.760]  because in no jurisdiction have I found the records in the court record
[58:05.760 --> 58:10.760]  and right after break I'll go to why that is and I'll try to close this up
[58:10.760 --> 58:17.760]  after this next segment so we can go to questions
[58:17.760 --> 58:19.760]  alright very good this is the rule of law
[58:19.760 --> 58:23.760]  Randy Kelton and Deborah Stevens on rule of law radio
[58:23.760 --> 58:49.760]  we'll be right back
[58:53.760 --> 59:01.760]  Are you the plaintiff or defendant in a lawsuit?
[59:01.760 --> 59:04.760]  Win your case without an attorney with Jurisdictionary
[59:04.760 --> 59:08.760]  the affordable easy to understand 4 CD course
[59:08.760 --> 59:12.760]  that will show you how in 24 hours step by step
[59:12.760 --> 59:16.760]  if you have a lawyer know what your lawyer should be doing
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[01:00:23.760 --> 01:00:39.760]  Neba Neba get your dog on the yard
[01:00:39.760 --> 01:00:41.760]  I try to do the sleeping
[01:00:41.760 --> 01:00:43.760]  the dog a little barking
[01:00:43.760 --> 01:00:45.760]  disturbing me when I'm flexing
[01:00:45.760 --> 01:00:47.760]  Neba dog disturbing
[01:00:47.760 --> 01:00:49.760]  I give them some Kit Kat
[01:00:49.760 --> 01:00:51.760]  chocolateing, eating
[01:00:51.760 --> 01:00:53.760]  how could a dog be chewing
[01:00:53.760 --> 01:00:55.760]  no one can do barking
[01:00:55.760 --> 01:00:57.760]  Neba come a arguing
[01:00:57.760 --> 01:00:59.760]  tell me how did a dog missing
[01:00:59.760 --> 01:01:01.760]  tell me Neba what's happening
[01:01:01.760 --> 01:01:03.760]  six or one to half a dozen
[01:01:03.760 --> 01:01:05.760]  same thing same thing Neba
[01:01:05.760 --> 01:01:07.760]  get your dog on the yard
[01:01:07.760 --> 01:01:09.760]  out with me backyard
[01:01:09.760 --> 01:01:11.760]  he disturbing me
[01:01:11.760 --> 01:01:13.760]  but tell him Neba had never
[01:01:13.760 --> 01:01:19.760]  get your dog out of me backyard
[01:01:19.760 --> 01:01:21.760]  Neba Neba
[01:01:21.760 --> 01:01:27.760]  get your dog out of me backyard
[01:01:27.760 --> 01:01:29.760]  I gave him sponge him eating
[01:01:29.760 --> 01:01:31.760]  gave him bread him eating
[01:01:31.760 --> 01:01:33.760]  watch out the dog digesting
[01:01:33.760 --> 01:01:35.760]  wouldn't stop from barking
[01:01:35.760 --> 01:01:37.760]  fast in Neba peeping
[01:01:37.760 --> 01:01:39.760]  looking over seeking
[01:01:39.760 --> 01:01:41.760]  your dog in my yard
[01:01:41.760 --> 01:01:43.760]  barking disturbing
[01:01:43.760 --> 01:01:45.760]  when he just start sleeping
[01:01:45.760 --> 01:01:47.760]  your dog barking barking
[01:01:47.760 --> 01:01:49.760]  your rooster running crowing
[01:01:49.760 --> 01:01:51.760]  how they think I'm barking
[01:01:51.760 --> 01:01:53.760]  you know that's a wrong thing
[01:01:53.760 --> 01:01:55.760]  with me you still arguing
[01:01:55.760 --> 01:01:57.760]  tell me how you like it
[01:01:57.760 --> 01:01:59.760]  how your dog is barking
[01:01:59.760 --> 01:02:01.760]  let you know I'm warning
[01:02:01.760 --> 01:02:03.760]  but your dog bark too much and think
[01:02:03.760 --> 01:02:05.760]  disturbing Neba would ya
[01:02:05.760 --> 01:02:07.760]  people get feeling anger
[01:02:07.760 --> 01:02:09.760]  that's why I give them Kit Kat
[01:02:09.760 --> 01:02:11.760]  and the dog a chew that
[01:02:11.760 --> 01:02:13.760]  now the dog do chewing
[01:02:13.760 --> 01:02:15.760]  now the dog not barking
[01:02:15.760 --> 01:02:17.760]  so Neba Neba
[01:02:17.760 --> 01:02:21.760]  get your dog out of me yard
[01:02:21.760 --> 01:02:23.760]  alright Neba Neba
[01:02:23.760 --> 01:02:25.760]  run him out
[01:02:25.760 --> 01:02:27.760]  get your dog out of my yard
[01:02:29.760 --> 01:02:31.760]  now he goes out to Randy in Austin
[01:02:35.760 --> 01:02:37.760]  favorite Patsy's
[01:02:37.760 --> 01:02:39.760]  one of our favorite callers
[01:02:39.760 --> 01:02:41.760]  okay so at any rate we're going over some statute
[01:02:41.760 --> 01:02:43.760]  and we're going to start taking your calls here pretty soon
[01:02:43.760 --> 01:02:47.760]  but Randy wanted to finish up on a few points here
[01:02:47.760 --> 01:02:49.760]  okay what happens
[01:02:49.760 --> 01:02:51.760]  is the magistrate
[01:02:51.760 --> 01:02:53.760]  doesn't send the records to the clerk of the court
[01:02:53.760 --> 01:02:55.760]  gives them back to the jailer
[01:02:55.760 --> 01:02:57.760]  problem with that is
[01:02:57.760 --> 01:02:59.760]  is they become corrupted
[01:02:59.760 --> 01:03:01.760]  we don't know what was in there
[01:03:01.760 --> 01:03:03.760]  in most counties they never get
[01:03:03.760 --> 01:03:05.760]  to the clerk of the court
[01:03:05.760 --> 01:03:07.760]  so what the problem is
[01:03:07.760 --> 01:03:09.760]  is that criminal complaint
[01:03:09.760 --> 01:03:11.760]  that gave the magistrate
[01:03:11.760 --> 01:03:13.760]  subject matter jurisdiction
[01:03:13.760 --> 01:03:15.760]  has to move to the clerk of the court
[01:03:15.760 --> 01:03:17.760]  to transfer jurisdiction there
[01:03:17.760 --> 01:03:19.760]  because if there is no complaint
[01:03:19.760 --> 01:03:21.760]  in the court record
[01:03:21.760 --> 01:03:23.760]  there is no cause of action
[01:03:23.760 --> 01:03:25.760]  there's no subject matter jurisdiction
[01:03:25.760 --> 01:03:27.760]  the court must have a criminal complaint
[01:03:27.760 --> 01:03:29.760]  by some credible citizen
[01:03:29.760 --> 01:03:31.760]  then it must have a determination of probable cause
[01:03:31.760 --> 01:03:33.760]  by a magistrate
[01:03:33.760 --> 01:03:35.760]  from a proper examining trial
[01:03:35.760 --> 01:03:37.760]  and if the person
[01:03:37.760 --> 01:03:39.760]  was not arrested on a warrant
[01:03:39.760 --> 01:03:41.760]  the magistrate must
[01:03:41.760 --> 01:03:43.760]  prepare a warrant
[01:03:43.760 --> 01:03:45.760]  and an order
[01:03:45.760 --> 01:03:47.760]  1617 requires the magistrate
[01:03:47.760 --> 01:03:49.760]  after he makes a determination of probable cause
[01:03:49.760 --> 01:03:51.760]  to prepare an order and file it with the court
[01:03:51.760 --> 01:03:53.760]  if it's not filed
[01:03:53.760 --> 01:03:55.760]  within 48 hours
[01:03:55.760 --> 01:03:57.760]  the statute clearly states
[01:03:57.760 --> 01:03:59.760]  a finding of no probable cause
[01:03:59.760 --> 01:04:01.760]  is entered in the court
[01:04:01.760 --> 01:04:03.760]  so there has to be this order
[01:04:03.760 --> 01:04:05.760]  and then if there's no warrant
[01:04:05.760 --> 01:04:07.760]  the magistrate has to create
[01:04:07.760 --> 01:04:09.760]  a warrant
[01:04:09.760 --> 01:04:11.760]  under 16.20
[01:04:11.760 --> 01:04:13.760]  and the criminal complaint
[01:04:13.760 --> 01:04:15.760]  in support of the warrant
[01:04:15.760 --> 01:04:17.760]  gives the court subject matter
[01:04:17.760 --> 01:04:19.760]  jurisdiction without those documents
[01:04:19.760 --> 01:04:21.760]  there is no subject matter jurisdiction
[01:04:21.760 --> 01:04:23.760]  I've yet to find
[01:04:23.760 --> 01:04:25.760]  a jurisdiction that had those
[01:04:25.760 --> 01:04:27.760]  documents in them
[01:04:27.760 --> 01:04:29.760]  and if the
[01:04:29.760 --> 01:04:31.760]  magistrate fails to
[01:04:31.760 --> 01:04:33.760]  seal all the documents and
[01:04:33.760 --> 01:04:35.760]  forward them to the clerk of the court
[01:04:35.760 --> 01:04:37.760]  well he has secreted government
[01:04:37.760 --> 01:04:39.760]  documents from the department of person
[01:04:39.760 --> 01:04:41.760]  they are directed to
[01:04:41.760 --> 01:04:43.760]  and that's a felony
[01:04:43.760 --> 01:04:45.760]  in Texas
[01:04:45.760 --> 01:04:47.760]  and
[01:04:47.760 --> 01:04:49.760]  quickly we'll jump back to the
[01:04:49.760 --> 01:04:51.760]  police officer
[01:04:51.760 --> 01:04:53.760]  police officer arrests you
[01:04:53.760 --> 01:04:55.760]  searches you, cuffs you
[01:04:55.760 --> 01:04:57.760]  stuffs you in a patrol car
[01:04:57.760 --> 01:04:59.760]  he has done those things
[01:04:59.760 --> 01:05:01.760]  addressed by Gerstein Pugh
[01:05:01.760 --> 01:05:03.760]  when he said it'd be better if everybody's arrested
[01:05:03.760 --> 01:05:05.760]  with a warrant
[01:05:05.760 --> 01:05:07.760]  but it is a practical compromise to allow
[01:05:07.760 --> 01:05:09.760]  a police officer to arrest for an on-site offense
[01:05:09.760 --> 01:05:11.760]  or for a
[01:05:11.760 --> 01:05:13.760]  felony if there's
[01:05:13.760 --> 01:05:15.760]  imminent danger of the accused escaping
[01:05:15.760 --> 01:05:17.760]  and he may do
[01:05:17.760 --> 01:05:19.760]  those things ancillary to arrest
[01:05:19.760 --> 01:05:21.760]  to ensure the safety of the officer and guard against
[01:05:21.760 --> 01:05:23.760]  the escape of the accused
[01:05:23.760 --> 01:05:25.760]  but after those goals are accomplished
[01:05:25.760 --> 01:05:27.760]  the authority of the officer to hold evaporates
[01:05:27.760 --> 01:05:29.760]  he must
[01:05:29.760 --> 01:05:31.760]  get the individual before a
[01:05:31.760 --> 01:05:33.760]  central magistrate for an examination
[01:05:33.760 --> 01:05:35.760]  and a
[01:05:35.760 --> 01:05:37.760]  determination of probable cause
[01:05:37.760 --> 01:05:39.760]  the officer didn't do that
[01:05:39.760 --> 01:05:41.760]  he gets
[01:05:41.760 --> 01:05:43.760]  in the car, cranks it, points it
[01:05:43.760 --> 01:05:45.760]  toward the jail
[01:05:45.760 --> 01:05:47.760]  well
[01:05:47.760 --> 01:05:49.760]  if someone restricts you at your
[01:05:49.760 --> 01:05:51.760]  liberty in Texas
[01:05:51.760 --> 01:05:53.760]  that's not called false imprisonment, there is no
[01:05:53.760 --> 01:05:55.760]  false imprisonment statute
[01:05:55.760 --> 01:05:57.760]  the statute is titled kidnapping
[01:05:57.760 --> 01:05:59.760]  and
[01:05:59.760 --> 01:06:01.760]  if someone does that
[01:06:01.760 --> 01:06:03.760]  while they're displaying
[01:06:03.760 --> 01:06:05.760]  a deadly weapon
[01:06:05.760 --> 01:06:07.760]  that's aggravated kidnapping
[01:06:07.760 --> 01:06:09.760]  the policeman arrests you
[01:06:09.760 --> 01:06:11.760]  even if the arrest was
[01:06:11.760 --> 01:06:13.760]  warranted and valid and he did
[01:06:13.760 --> 01:06:15.760]  everything right when he made the arrest
[01:06:15.760 --> 01:06:17.760]  when he cranks that
[01:06:17.760 --> 01:06:19.760]  patrol car and points it toward the jail
[01:06:19.760 --> 01:06:21.760]  having made no due
[01:06:21.760 --> 01:06:23.760]  diligent effort to locate a magistrate
[01:06:23.760 --> 01:06:25.760]  he becomes a criminal trespasser
[01:06:25.760 --> 01:06:27.760]  and under the doctrine
[01:06:27.760 --> 01:06:29.760]  of trespass ab initio
[01:06:29.760 --> 01:06:31.760]  he becomes
[01:06:31.760 --> 01:06:33.760]  a trespasser from
[01:06:33.760 --> 01:06:35.760]  the beginning
[01:06:35.760 --> 01:06:37.760]  and all his acts are defeated
[01:06:37.760 --> 01:06:39.760]  so
[01:06:39.760 --> 01:06:41.760]  he becomes
[01:06:41.760 --> 01:06:43.760]  the arrest is no longer legal
[01:06:43.760 --> 01:06:45.760]  now it's kidnapping and he's
[01:06:45.760 --> 01:06:47.760]  doing it while
[01:06:47.760 --> 01:06:49.760]  displaying a deadly weapon
[01:06:49.760 --> 01:06:51.760]  that's aggravated kidnapping
[01:06:51.760 --> 01:06:53.760]  and it
[01:06:53.760 --> 01:06:55.760]  gets worse
[01:06:55.760 --> 01:06:57.760]  the officer takes you to the jail
[01:06:57.760 --> 01:06:59.760]  and gives you to the jailers
[01:07:01.760 --> 01:07:03.760]  and the jailers start their little
[01:07:03.760 --> 01:07:05.760]  routine, well they have a problem
[01:07:05.760 --> 01:07:07.760]  the first
[01:07:07.760 --> 01:07:09.760]  thing they must determine
[01:07:09.760 --> 01:07:11.760]  in order to protect themselves
[01:07:11.760 --> 01:07:13.760]  is rather
[01:07:13.760 --> 01:07:15.760]  or not their rest is proper
[01:07:15.760 --> 01:07:17.760]  because if it's not
[01:07:17.760 --> 01:07:19.760]  then they're potentially
[01:07:19.760 --> 01:07:21.760]  at risk
[01:07:21.760 --> 01:07:23.760]  they never do that
[01:07:23.760 --> 01:07:25.760]  they just accept whatever the officer says
[01:07:27.760 --> 01:07:29.760]  and in so doing
[01:07:29.760 --> 01:07:31.760]  they touch the tar baby
[01:07:33.760 --> 01:07:35.760]  they become criminally
[01:07:35.760 --> 01:07:37.760]  culpable
[01:07:37.760 --> 01:07:39.760]  just as if they had performed
[01:07:39.760 --> 01:07:41.760]  the improper
[01:07:41.760 --> 01:07:43.760]  arrest themselves
[01:07:43.760 --> 01:07:45.760]  let me read you
[01:07:45.760 --> 01:07:47.760]  trespass ab initio
[01:07:47.760 --> 01:07:49.760]  under the doctrine of trespass
[01:07:49.760 --> 01:07:51.760]  ab initio
[01:07:51.760 --> 01:07:53.760]  where a party exceeds an authority
[01:07:53.760 --> 01:07:55.760]  given by law
[01:07:55.760 --> 01:07:57.760]  the party loses the benefit of the
[01:07:57.760 --> 01:07:59.760]  justification and is considered
[01:07:59.760 --> 01:08:01.760]  a trespass ab initio
[01:08:01.760 --> 01:08:03.760]  ab initio means from the beginning
[01:08:03.760 --> 01:08:05.760]  although to a certain extent the party
[01:08:05.760 --> 01:08:07.760]  follow the authority given
[01:08:07.760 --> 01:08:09.760]  the law will then operate
[01:08:09.760 --> 01:08:11.760]  retrospectively to
[01:08:11.760 --> 01:08:13.760]  defeat all acts done
[01:08:13.760 --> 01:08:15.760]  under color of lawful authority
[01:08:15.760 --> 01:08:17.760]  american mortgage v wyman
[01:08:17.760 --> 01:08:19.760]  the rule applies to
[01:08:19.760 --> 01:08:21.760]  the acts of sheriffs and other
[01:08:21.760 --> 01:08:23.760]  officers as well as
[01:08:23.760 --> 01:08:25.760]  the conduct of private
[01:08:25.760 --> 01:08:27.760]  individuals
[01:08:27.760 --> 01:08:29.760]  it is clear
[01:08:29.760 --> 01:08:31.760]  when the officer violates
[01:08:31.760 --> 01:08:33.760]  a law relating to his
[01:08:33.760 --> 01:08:35.760]  office he now becomes a criminal
[01:08:35.760 --> 01:08:37.760]  trespasser he takes you and gives you
[01:08:37.760 --> 01:08:39.760]  to the jailer
[01:08:39.760 --> 01:08:41.760]  in every arrest in texas
[01:08:41.760 --> 01:08:43.760]  you can charge the officer with aggravated
[01:08:43.760 --> 01:08:45.760]  kidnapping
[01:08:45.760 --> 01:08:47.760]  charge the jailer with aggravated kidnapping
[01:08:47.760 --> 01:08:49.760]  the jailer will then run you through a booking
[01:08:49.760 --> 01:08:51.760]  process
[01:08:51.760 --> 01:08:53.760]  well question
[01:08:53.760 --> 01:08:55.760]  if the officer had taken you directly to a
[01:08:55.760 --> 01:08:57.760]  magistrate and the magistrate had found no
[01:08:57.760 --> 01:08:59.760]  probable cause would they take you and book you
[01:08:59.760 --> 01:09:01.760]  before they released you
[01:09:03.760 --> 01:09:05.760]  rhetorical question absolutely not
[01:09:05.760 --> 01:09:07.760]  the magistrate
[01:09:07.760 --> 01:09:09.760]  would be required to release you
[01:09:09.760 --> 01:09:11.760]  set you at your liberty
[01:09:11.760 --> 01:09:13.760]  well
[01:09:13.760 --> 01:09:15.760]  they commit a felony
[01:09:15.760 --> 01:09:17.760]  by secreting you
[01:09:17.760 --> 01:09:19.760]  from the magistrate
[01:09:19.760 --> 01:09:21.760]  and then because they've committed
[01:09:21.760 --> 01:09:23.760]  that felony they book you
[01:09:23.760 --> 01:09:25.760]  into jail and
[01:09:25.760 --> 01:09:27.760]  the police somehow
[01:09:27.760 --> 01:09:29.760]  consider that to be justified
[01:09:29.760 --> 01:09:31.760]  well since they're criminal
[01:09:31.760 --> 01:09:33.760]  criminal actors
[01:09:33.760 --> 01:09:35.760]  when I was arrested
[01:09:35.760 --> 01:09:37.760]  a couple weeks ago
[01:09:37.760 --> 01:09:39.760]  first thing they want to do
[01:09:39.760 --> 01:09:41.760]  is take my fingerprints and
[01:09:41.760 --> 01:09:43.760]  the first thing I want to do is know if that
[01:09:43.760 --> 01:09:45.760]  video camera was working they assured me
[01:09:45.760 --> 01:09:47.760]  it was then I demanded
[01:09:47.760 --> 01:09:49.760]  that they take me directly to the nearest magistrate
[01:09:49.760 --> 01:09:51.760]  and they very politely
[01:09:51.760 --> 01:09:53.760]  refused and they
[01:09:53.760 --> 01:09:55.760]  did very politely refuse
[01:09:55.760 --> 01:09:57.760]  and then they wanted to take
[01:09:57.760 --> 01:09:59.760]  my fingerprints and I told them oh
[01:09:59.760 --> 01:10:01.760]  no no no no
[01:10:01.760 --> 01:10:03.760]  that's biometric data
[01:10:03.760 --> 01:10:05.760]  and I do not voluntarily
[01:10:05.760 --> 01:10:07.760]  give up
[01:10:07.760 --> 01:10:09.760]  biometric data
[01:10:09.760 --> 01:10:11.760]  they told me they had to take
[01:10:11.760 --> 01:10:13.760]  my fingerprints and I said well okay
[01:10:13.760 --> 01:10:15.760]  if I don't give you my fingerprints you're going to bring
[01:10:15.760 --> 01:10:17.760]  some big guy in here with muscles in places
[01:10:17.760 --> 01:10:19.760]  where I don't have places and he's going to
[01:10:19.760 --> 01:10:21.760]  grab me and he's going to cram my fingers
[01:10:21.760 --> 01:10:23.760]  down on there and take my fingerprints anyway
[01:10:23.760 --> 01:10:25.760]  they said well
[01:10:25.760 --> 01:10:27.760]  not exactly but close
[01:10:27.760 --> 01:10:29.760]  oh okay
[01:10:29.760 --> 01:10:31.760]  so I gave my fingerprints
[01:10:31.760 --> 01:10:33.760]  I objected at every spot
[01:10:33.760 --> 01:10:35.760]  problem with that is
[01:10:35.760 --> 01:10:37.760]  in 1851
[01:10:37.760 --> 01:10:39.760]  Texas Penal Code
[01:10:39.760 --> 01:10:41.760]  makes it a felony
[01:10:41.760 --> 01:10:43.760]  to take someone's biometric data without their permission
[01:10:43.760 --> 01:10:45.760]  now had I been
[01:10:45.760 --> 01:10:47.760]  legally arrested
[01:10:47.760 --> 01:10:49.760]  and were they in a position
[01:10:49.760 --> 01:10:51.760]  after a finding of probable cause
[01:10:51.760 --> 01:10:53.760]  to legally book me into the jail
[01:10:53.760 --> 01:10:55.760]  then they're authorized
[01:10:55.760 --> 01:10:57.760]  under law to take the biometric data
[01:10:57.760 --> 01:10:59.760]  but in this case they're not
[01:10:59.760 --> 01:11:01.760]  authorized
[01:11:01.760 --> 01:11:03.760]  and then they subjected
[01:11:03.760 --> 01:11:05.760]  me to punishment
[01:11:05.760 --> 01:11:07.760]  prior to being convicted
[01:11:07.760 --> 01:11:09.760]  of a crime
[01:11:09.760 --> 01:11:11.760]  heck, I hadn't even been charged with a crime
[01:11:11.760 --> 01:11:13.760]  because no one
[01:11:13.760 --> 01:11:15.760]  had ever given a complaint to some magistrate
[01:11:15.760 --> 01:11:17.760]  so
[01:11:17.760 --> 01:11:19.760]  I'm being punished
[01:11:19.760 --> 01:11:21.760]  without even being charged
[01:11:21.760 --> 01:11:23.760]  they held me for 24 hours
[01:11:23.760 --> 01:11:25.760]  this is the problem the police are running into
[01:11:25.760 --> 01:11:27.760]  this is the gauntlet they're running
[01:11:27.760 --> 01:11:29.760]  and then the
[01:11:29.760 --> 01:11:31.760]  magistrate
[01:11:31.760 --> 01:11:33.760]  and the jailer holding
[01:11:33.760 --> 01:11:35.760]  ex parte hearing
[01:11:35.760 --> 01:11:37.760]  official oppression, 3903
[01:11:37.760 --> 01:11:39.760]  Penal Code, Class A misdemeanor
[01:11:39.760 --> 01:11:41.760]  then the magistrate
[01:11:41.760 --> 01:11:43.760]  denies me all sorts of rights
[01:11:43.760 --> 01:11:45.760]  about 8 Class A misdemeanors in there
[01:11:45.760 --> 01:11:47.760]  and then the
[01:11:47.760 --> 01:11:49.760]  magistrate fails
[01:11:49.760 --> 01:11:51.760]  to seal all the documents in an envelope
[01:11:51.760 --> 01:11:53.760]  and forward them to the clerk of the court of jurisdiction
[01:11:53.760 --> 01:11:55.760]  that's also a felony
[01:11:57.760 --> 01:11:59.760]  if you
[01:11:59.760 --> 01:12:01.760]  look in your own state
[01:12:01.760 --> 01:12:03.760]  you're going to find almost the same thing
[01:12:03.760 --> 01:12:05.760]  and you look at this and say how the heck can this happen?
[01:12:07.760 --> 01:12:09.760]  well it can happen because
[01:12:09.760 --> 01:12:11.760]  we haven't kicked them in the teeth
[01:12:11.760 --> 01:12:13.760]  the average conviction rate
[01:12:13.760 --> 01:12:15.760]  in Texas is 99.6
[01:12:15.760 --> 01:12:17.760]  because you and I haven't kicked them
[01:12:17.760 --> 01:12:19.760]  in their teeth
[01:12:19.760 --> 01:12:21.760]  now it is not my
[01:12:21.760 --> 01:12:23.760]  purpose to get
[01:12:23.760 --> 01:12:25.760]  any public official removed from office
[01:12:25.760 --> 01:12:27.760]  if that
[01:12:27.760 --> 01:12:29.760]  has to happen
[01:12:29.760 --> 01:12:31.760]  sorry bubba
[01:12:31.760 --> 01:12:33.760]  life is tough
[01:12:33.760 --> 01:12:35.760]  wasn't my intent
[01:12:35.760 --> 01:12:37.760]  but
[01:12:37.760 --> 01:12:39.760]  whatever it takes that's what it takes
[01:12:39.760 --> 01:12:41.760]  and I suggest
[01:12:41.760 --> 01:12:43.760]  to all of you
[01:12:43.760 --> 01:12:45.760]  if we start doing this on a regular
[01:12:45.760 --> 01:12:47.760]  basis
[01:12:47.760 --> 01:12:49.760]  it won't take long at all
[01:12:49.760 --> 01:12:51.760]  that these problems
[01:12:51.760 --> 01:12:53.760]  will simply take care of themselves
[01:12:53.760 --> 01:12:55.760]  I'm ready
[01:12:55.760 --> 01:12:57.760]  to take some questions
[01:12:57.760 --> 01:12:59.760]  tomorrow I'm going to try to go through
[01:12:59.760 --> 01:13:01.760]  in a lot more detail
[01:13:01.760 --> 01:13:03.760]  we did a
[01:13:03.760 --> 01:13:05.760]  four hour once
[01:13:05.760 --> 01:13:07.760]  and I was surprised I could do
[01:13:07.760 --> 01:13:09.760]  a four hour but it worked out
[01:13:09.760 --> 01:13:11.760]  real well
[01:13:11.760 --> 01:13:13.760]  so I will go in more detail
[01:13:13.760 --> 01:13:15.760]  I wanted to kind of go over things today
[01:13:15.760 --> 01:13:17.760]  so that when I go back over it
[01:13:17.760 --> 01:13:19.760]  tomorrow the pieces
[01:13:19.760 --> 01:13:21.760]  will begin to fit together a little better
[01:13:21.760 --> 01:13:23.760]  than when you get it the first time
[01:13:25.760 --> 01:13:27.760]  trying to find my call page there we go
[01:13:27.760 --> 01:13:29.760]  yeah right now
[01:13:29.760 --> 01:13:31.760]  we don't have any callers on the line
[01:13:31.760 --> 01:13:33.760]  because Randy has been
[01:13:33.760 --> 01:13:35.760]  laying out this material
[01:13:35.760 --> 01:13:37.760]  but callers if you'd like to call in
[01:13:37.760 --> 01:13:39.760]  512-646-1984
[01:13:39.760 --> 01:13:41.760]  and I do apologize
[01:13:41.760 --> 01:13:43.760]  the listener line is down right now
[01:13:43.760 --> 01:13:45.760]  so we have a few callers up that are actually
[01:13:45.760 --> 01:13:47.760]  just listening so if you need to call in to listen
[01:13:47.760 --> 01:13:49.760]  to the caller line
[01:13:49.760 --> 01:13:51.760]  please let our call screener know
[01:13:51.760 --> 01:13:53.760]  that you are calling in
[01:13:53.760 --> 01:13:55.760]  just to listen so that we won't get confused
[01:13:55.760 --> 01:13:57.760]  and I've got my
[01:13:57.760 --> 01:13:59.760]  IT guy working on the
[01:13:59.760 --> 01:14:01.760]  listener line right now as we speak
[01:14:01.760 --> 01:14:03.760]  so callers if you'd like to call in
[01:14:03.760 --> 01:14:05.760]  512-646-1984
[01:14:05.760 --> 01:14:07.760]  and just before we go to Jim
[01:14:07.760 --> 01:14:09.760]  one little announcement
[01:14:09.760 --> 01:14:11.760]  I am in the process of launching
[01:14:11.760 --> 01:14:13.760]  the litigation engine we've been talking about
[01:14:13.760 --> 01:14:15.760]  so long
[01:14:15.760 --> 01:14:17.760]  we're about to drop the sky on
[01:14:17.760 --> 01:14:19.760]  Texas
[01:14:19.760 --> 01:14:21.760]  we will be going to every
[01:14:21.760 --> 01:14:23.760]  soliciting every person that's been arrested
[01:14:23.760 --> 01:14:25.760]  and offering him
[01:14:25.760 --> 01:14:27.760]  all of these documents
[01:14:27.760 --> 01:14:29.760]  we're getting all the documents
[01:14:29.760 --> 01:14:31.760]  put together and the elements separated
[01:14:31.760 --> 01:14:33.760]  and we will copyright all of them
[01:14:33.760 --> 01:14:35.760]  put them in an envelope
[01:14:35.760 --> 01:14:37.760]  mail them back to ourselves
[01:14:37.760 --> 01:14:39.760]  and then we're selling the copyrights
[01:14:39.760 --> 01:14:41.760]  so that keeps us out of legal trouble
[01:14:41.760 --> 01:14:43.760]  Nolo Press won that one
[01:14:43.760 --> 01:14:45.760]  and
[01:14:45.760 --> 01:14:47.760]  we'll start providing these documents
[01:14:47.760 --> 01:14:49.760]  and criminal complaints
[01:14:49.760 --> 01:14:51.760]  and bar grievances
[01:14:51.760 --> 01:14:53.760]  and judicial conduct complaints
[01:14:53.760 --> 01:14:55.760]  these guys are not going to know what hit them
[01:14:55.760 --> 01:14:57.760]  ok Jim
[01:14:57.760 --> 01:14:59.760]  alright Jim thanks for calling in
[01:14:59.760 --> 01:15:01.760]  what's on your mind tonight?
[01:15:01.760 --> 01:15:03.760]  well I wanted to tell you that I filed my first criminal complaint
[01:15:03.760 --> 01:15:05.760]  on Wincey
[01:15:05.760 --> 01:15:07.760]  excellent
[01:15:07.760 --> 01:15:09.760]  it was a real interesting way
[01:15:09.760 --> 01:15:11.760]  to do it
[01:15:11.760 --> 01:15:13.760]  you know how you're always summoned to court
[01:15:13.760 --> 01:15:15.760]  for an arraignment
[01:15:15.760 --> 01:15:17.760]  yeah
[01:15:17.760 --> 01:15:19.760]  on my third arraignment
[01:15:19.760 --> 01:15:21.760]  this was the third time I had had to come
[01:15:21.760 --> 01:15:23.760]  I know
[01:15:23.760 --> 01:15:25.760]  the law says that only a magistrate
[01:15:25.760 --> 01:15:27.760]  can hold an arraignment
[01:15:27.760 --> 01:15:29.760]  no
[01:15:29.760 --> 01:15:31.760]  examining trial
[01:15:31.760 --> 01:15:33.760]  an arraignment
[01:15:33.760 --> 01:15:35.760]  no magistrates don't hold an arraignment, trial judge does
[01:15:35.760 --> 01:15:37.760]  well
[01:15:37.760 --> 01:15:39.760]  the
[01:15:39.760 --> 01:15:41.760]  prosecuting attorney
[01:15:41.760 --> 01:15:43.760]  decided
[01:15:43.760 --> 01:15:45.760]  they always decide here that they're going to hold the arraignment
[01:15:45.760 --> 01:15:47.760]  yeah
[01:15:47.760 --> 01:15:49.760]  let me make that clear
[01:15:49.760 --> 01:15:51.760]  the same guy holds
[01:15:51.760 --> 01:15:53.760]  the hearing
[01:15:53.760 --> 01:15:55.760]  when
[01:15:55.760 --> 01:15:57.760]  a judge
[01:15:57.760 --> 01:15:59.760]  or anyone is holding an examining trial
[01:15:59.760 --> 01:16:01.760]  he stops being a judge and becomes
[01:16:01.760 --> 01:16:03.760]  a magistrate
[01:16:03.760 --> 01:16:05.760]  when he does anything else judicial he's
[01:16:05.760 --> 01:16:07.760]  the judge
[01:16:07.760 --> 01:16:09.760]  same guy, different hat
[01:16:09.760 --> 01:16:11.760]  when he decided to hold the arraignment hearing
[01:16:11.760 --> 01:16:13.760]  I know he was impersonating an officer
[01:16:13.760 --> 01:16:15.760]  yeah, he put on a hat he didn't have
[01:16:15.760 --> 01:16:17.760]  right, but I
[01:16:17.760 --> 01:16:19.760]  asked him
[01:16:19.760 --> 01:16:21.760]  if it was an arraignment
[01:16:21.760 --> 01:16:23.760]  yes it was, which I knew that only certain
[01:16:23.760 --> 01:16:25.760]  people can take
[01:16:25.760 --> 01:16:27.760]  can hold an arraignment
[01:16:27.760 --> 01:16:29.760]  I decided
[01:16:29.760 --> 01:16:31.760]  if he's going to do this I'm going to let him play his part
[01:16:31.760 --> 01:16:33.760]  so I handed him the criminal complaint
[01:16:33.760 --> 01:16:35.760]  oh
[01:16:35.760 --> 01:16:37.760]  okay, excellent
[01:16:37.760 --> 01:16:39.760]  yeah, listen
[01:16:39.760 --> 01:16:41.760]  we're going to break right now
[01:16:41.760 --> 01:16:43.760]  so Jim if you'd like to hold on, we've also got Marcus from Virginia
[01:16:43.760 --> 01:16:45.760]  we'll be right back
[01:16:45.760 --> 01:16:47.760]  this is the rule of law
[01:16:47.760 --> 01:16:49.760]  on rule of law radio
[01:16:49.760 --> 01:16:51.760]  callers if you'd like to call in
[01:16:51.760 --> 01:16:53.760]  512-646-1984
[01:16:53.760 --> 01:17:07.760]  we'll be right back
[01:17:23.760 --> 01:17:25.760]  we charge absolutely no commissions
[01:17:25.760 --> 01:17:27.760]  100% of your investment
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[01:18:29.760 --> 01:18:31.760]  that was blindsided
[01:18:31.760 --> 01:18:33.760]  but now i can see your plan
[01:18:33.760 --> 01:18:35.840]  you put
[01:18:35.840 --> 01:18:37.760]  a fear in my pockets
[01:18:37.760 --> 01:18:39.760]  took my dear from my head
[01:18:39.760 --> 01:18:41.760]  ain't gonna fool me
[01:18:41.760 --> 01:18:41.760]  with the same old trick again
[01:18:41.760 --> 01:18:43.760]  Same old trick again
[01:18:47.760 --> 01:18:49.760]  Hang on, hold me
[01:19:03.760 --> 01:19:08.760]  Ain't gonna drop me with that same old sucker punch
[01:19:08.760 --> 01:19:13.760]  I get it now, but then I must have another punch
[01:19:13.760 --> 01:19:18.760]  Back then you had room to move, but now you're feeling the crunch
[01:19:18.760 --> 01:19:24.760]  Ain't gonna get me with that same old sucker punch
[01:19:29.760 --> 01:19:34.760]  Alright, we are back. This is the rule of law, Randy Kelton and Deborah Stevens.
[01:19:34.760 --> 01:19:39.760]  Alright, we are speaking right now with Jim in Texas.
[01:19:39.760 --> 01:19:43.760]  We've got Marcus from Virginia on the line, John from Michigan.
[01:19:43.760 --> 01:19:48.760]  Alright, Jim, go ahead. You were speaking as we were coming into break.
[01:19:48.760 --> 01:19:57.760]  Yeah, what I was saying is that since the District Attorney decided he was going to play the part, I handed him the criminal complaint.
[01:19:57.760 --> 01:20:02.760]  And he asked me what they were, and I told him they were criminal complaints.
[01:20:02.760 --> 01:20:05.760]  And he said, well, what do you want me to do with them?
[01:20:05.760 --> 01:20:10.760]  And I said, well, I would suggest that you give them to the District Attorney.
[01:20:10.760 --> 01:20:17.760]  And he decided to argue with me a little bit, and I didn't care, but he had taken them.
[01:20:17.760 --> 01:20:22.760]  And he said, well, what do they say? I said, well, they're self-explanatory. Read them.
[01:20:22.760 --> 01:20:29.760]  And he was kind of aggravated that he had to read one of them, and the first one that he read was against the officer.
[01:20:29.760 --> 01:20:33.760]  And he decided he was going to argue about, well, where's your case law?
[01:20:33.760 --> 01:20:39.760]  I said, I don't need case law on this. And I coded the penal code as far as what they were.
[01:20:39.760 --> 01:20:43.760]  I'm not going to argue case law with them.
[01:20:43.760 --> 01:20:51.760]  But anyway, he was mad at me, so he told the lady behind him, his clerk, to file them into the record of the court.
[01:20:51.760 --> 01:20:54.760]  Yes!
[01:20:54.760 --> 01:21:01.760]  So she proceeded to do that, and then she decided, well, she'd go make some copies of them.
[01:21:01.760 --> 01:21:05.760]  So she walked back in the back room, and apparently the judge was back there.
[01:21:05.760 --> 01:21:11.760]  And about two minutes later, she came out and called me and another guy to the bench, and we were the last two there,
[01:21:11.760 --> 01:21:19.760]  and said, evidently the cop's not going to show up, so you guys are free to go.
[01:21:19.760 --> 01:21:24.760]  If the cop was standing in the courtroom, they wouldn't have admitted it.
[01:21:24.760 --> 01:21:29.760]  But it worked out perfect. Now I just have to find out, I'm sure he won't do what he needs to do,
[01:21:29.760 --> 01:21:34.760]  so I can file another one against him for personal judicial official and shielding from prosecution.
[01:21:34.760 --> 01:21:38.760]  Yes! Oh, and another one.
[01:21:38.760 --> 01:21:42.760]  Official oppression for violating Article 2.03.
[01:21:42.760 --> 01:21:47.760]  2.03, right. Yeah. It was good.
[01:21:47.760 --> 01:21:50.760]  It was good. I was all ready, and then when he came up there and said,
[01:21:50.760 --> 01:21:55.760]  everybody here is going to have to come up and talk to me before this starts,
[01:21:55.760 --> 01:22:02.760]  I got to thinking, this guy's going to do the same thing. I said, I'm going to get him.
[01:22:02.760 --> 01:22:07.760]  It was a hoot. He had no idea.
[01:22:07.760 --> 01:22:11.760]  When I told him they were criminal complaints, the bailiff was sitting down,
[01:22:11.760 --> 01:22:16.760]  and he jumped up out of his seat and hurried up there.
[01:22:16.760 --> 01:22:21.760]  But it was too late. He already had them.
[01:22:21.760 --> 01:22:26.760]  The judge never came into the courtroom, which is good because some of the criminal complaints are against the judge.
[01:22:26.760 --> 01:22:29.760]  Good. I mean, it worked out perfect.
[01:22:29.760 --> 01:22:35.760]  Now I've got to file my tort letter with the county.
[01:22:35.760 --> 01:22:41.760]  Good. I'm going to force this through. I want them to follow the law.
[01:22:41.760 --> 01:22:46.760]  This is how we do it. They haven't had this done to them.
[01:22:46.760 --> 01:22:52.760]  They've dismissed your case, which they almost never do if the officer doesn't show up.
[01:22:52.760 --> 01:22:57.760]  So now they have nothing against you. Now you're the one picking the fight.
[01:22:57.760 --> 01:23:01.760]  Well, I've got the tort letter against them, and then civilly after that.
[01:23:01.760 --> 01:23:05.760]  Your tort letter may be premature.
[01:23:05.760 --> 01:23:07.760]  Well, I've got what?
[01:23:07.760 --> 01:23:14.760]  Civilly, you don't have to give them a tort letter in order to get around the notice requirement,
[01:23:14.760 --> 01:23:21.760]  because the criminal complaints become the notice requirement, become notice to them that you've been harmed.
[01:23:21.760 --> 01:23:25.760]  If they actually got into the case.
[01:23:25.760 --> 01:23:29.760]  Doesn't matter. The prosecutor took them.
[01:23:29.760 --> 01:23:30.760]  Correct.
[01:23:30.760 --> 01:23:37.760]  So he's got it, but I would give them a tort letter anyway. It's just that they're not through giving you tort action.
[01:23:37.760 --> 01:23:38.760]  Right.
[01:23:38.760 --> 01:23:40.760]  Actually, they give you contort action.
[01:23:40.760 --> 01:23:46.760]  Well, that's what I was looking at. I mean, by violation of their oath of office, they're...
[01:23:46.760 --> 01:23:50.760]  Let me explain contort to the listener.
[01:23:50.760 --> 01:23:55.760]  Say I bash into you with a car, and you sue me.
[01:23:55.760 --> 01:24:04.760]  We don't have any kind of relationship with each other, so you can get damages from me, but you can't get legal fees.
[01:24:04.760 --> 01:24:13.760]  Now, if you and I enter into a contractual agreement, and I violate the contract,
[01:24:13.760 --> 01:24:23.760]  then if you have to hire an attorney to sue me, under contract violation, you can get attorney fees.
[01:24:23.760 --> 01:24:28.760]  And in some cases with public officials, they're always under contract.
[01:24:28.760 --> 01:24:33.760]  And if they violate the contract, instead of just suing them for the tort,
[01:24:33.760 --> 01:24:40.760]  you can sue them for a contractual violation like fraud, fraud per se, fraud by non-disclosure.
[01:24:40.760 --> 01:24:48.760]  There's a lot of contractual torts based on their contract with the state.
[01:24:48.760 --> 01:24:56.760]  You're the third party beneficiary of the contract with the state. It was intended in the making of the contract
[01:24:56.760 --> 01:25:05.760]  that you as a citizen and others similarly situated benefit from the contract that gives you standing to sue on the contract.
[01:25:05.760 --> 01:25:08.760]  That way, if you get an attorney, you can get attorney fees.
[01:25:08.760 --> 01:25:14.760]  And you have torts where they violate laws, that comes up a tort.
[01:25:14.760 --> 01:25:20.760]  But you make the claim that they could only violate this law
[01:25:20.760 --> 01:25:26.760]  because they were cloaked with the authority they gathered from entering into a contract.
[01:25:26.760 --> 01:25:31.760]  So now it becomes a tort action and a contract action. They call it a contort.
[01:25:31.760 --> 01:25:37.760]  So you got torts, contorts, and contract. It's fun to do them all.
[01:25:37.760 --> 01:25:44.760]  I wanted to let you know, everything you guys have said on the radio, Randy, I've listened to.
[01:25:44.760 --> 01:25:47.760]  You know me, I do research all the time. I've sent you several things.
[01:25:47.760 --> 01:25:59.760]  And I check out everything. I want to let the rest of the listeners know that, believe you, but check you out too.
[01:25:59.760 --> 01:26:06.760]  And they'll find out that what you're saying is true. And it is a lot of fun once you get used to it.
[01:26:06.760 --> 01:26:14.760]  I'd be nervous to start with, but not near as nervous as the assistant district attorney when he realized what he had.
[01:26:14.760 --> 01:26:17.760]  Did you get to see him do the little chicken dance?
[01:26:17.760 --> 01:26:24.760]  Yes. Him and everybody else in the courtroom.
[01:26:24.760 --> 01:26:32.760]  They were all back there when she whispered in his ear, and then he decided that the officer wasn't going to show up.
[01:26:32.760 --> 01:26:36.760]  I think he would have shot him if he did.
[01:26:36.760 --> 01:26:38.760]  Good. Good. That's what we want to happen.
[01:26:38.760 --> 01:26:41.760]  Thanks a lot, and keep it up.
[01:26:41.760 --> 01:26:42.760]  You are welcome.
[01:26:42.760 --> 01:26:43.760]  All right.
[01:26:43.760 --> 01:26:47.760]  All right. Thank you so much for calling in. All right. We love to hear from our callers.
[01:26:47.760 --> 01:26:53.760]  All right. We're going to go now to Marcus in Virginia.
[01:26:53.760 --> 01:26:57.760]  All right. Marcus, thank you for calling in. What's on your mind tonight?
[01:26:57.760 --> 01:27:05.760]  Hi. I'm the guy who had the traffic case a while back. We actually had it a couple days ago.
[01:27:05.760 --> 01:27:10.760]  I don't know if you're tall. I went through a stop sign.
[01:27:10.760 --> 01:27:14.760]  Wait. Wait. Bring us up to speed again?
[01:27:14.760 --> 01:27:18.760]  You told me that I would lose, and you turned out to be right.
[01:27:18.760 --> 01:27:21.760]  Oh, if you go to the merits.
[01:27:21.760 --> 01:27:28.760]  Why, no. I didn't go to the merits. You just told me that I would lose. I forget exactly why, but that's just round one.
[01:27:28.760 --> 01:27:36.760]  I have a second chance at this. The judge said that he would allow it to be appealed to no avail.
[01:27:36.760 --> 01:27:42.760]  Well, he doesn't have any say about that. That's real generous of him since the law says he has to.
[01:27:42.760 --> 01:27:43.760]  Oh, he has to?
[01:27:43.760 --> 01:27:47.760]  Yeah.
[01:27:47.760 --> 01:27:51.760]  Oh, man. See what these guys do.
[01:27:51.760 --> 01:27:55.760]  What was the case again?
[01:27:55.760 --> 01:28:03.760]  I got pulled. I got the sun in my eyes for just like a second or two, and I went through the stop sign.
[01:28:03.760 --> 01:28:12.760]  I didn't have a chance to stop before I'd go into the intersection, and the cop was just waiting right there to catch me.
[01:28:12.760 --> 01:28:17.760]  So he knew what time the sun would be right in everybody's eyes.
[01:28:17.760 --> 01:28:20.760]  I'm sure, yeah. Exactly.
[01:28:20.760 --> 01:28:24.760]  And he knew which intersection and which trees were cut down, too.
[01:28:24.760 --> 01:28:36.760]  Yeah, anytime you go in on the merits, the judge has discretion to rule against you, and he will.
[01:28:36.760 --> 01:28:44.760]  And you've got to kind of understand, you know, he gets 50, 100 people a day in there, and they've got all these great excuses.
[01:28:44.760 --> 01:28:52.760]  I heard one judge, some guy gave him the most outrageous excuse I ever heard of, and it was so nuts I didn't remember what it was.
[01:28:52.760 --> 01:28:58.760]  And the judge said, that was so creative. I'm going to dismiss this one.
[01:28:58.760 --> 01:29:04.760]  Because he gets bored, he keeps hearing the same old thing, so what you say really doesn't mean anything to him after a while.
[01:29:04.760 --> 01:29:07.760]  He doesn't even hear it. Yeah, well, it should. I know it should.
[01:29:07.760 --> 01:29:13.760]  That's what we put these people in office for, and they're getting paid to listen to it and figure it out.
[01:29:13.760 --> 01:29:19.760]  That's why we need to come in there and kick them in the seat of their pants, get their attention.
[01:29:19.760 --> 01:29:26.760]  It's like the guy that hit the mule with a 2x4. He didn't want to hurt it, just wanted to get his attention.
[01:29:26.760 --> 01:29:28.760]  So we want to use a legal 2x4.
[01:29:28.760 --> 01:29:36.760]  Are you saying that these people are like mules, Randy? They're stubborn as a mule?
[01:29:36.760 --> 01:29:39.760]  No, they're kind of like the other end.
[01:29:39.760 --> 01:29:45.760]  I was waiting for that one. Okay, listen, Marcus, hang on the line. We'll be back on the other side.
[01:29:45.760 --> 01:29:49.760]  We've also got calls from John in Michigan and another Jim from Texas. We'll be right back.
[01:29:49.760 --> 01:29:52.760]  This is the Rule of Law, Rainey Kelton and Deborah Stevens.
[01:29:52.760 --> 01:29:59.760]  Gold prices are at historic highs, and with the recent pullback, this is a great time to buy.
[01:29:59.760 --> 01:30:05.760]  With the value of the dollar, risks of inflation, geopolitical uncertainties, and instability in world financial systems,
[01:30:05.760 --> 01:30:07.760]  I see gold going up much higher.
[01:30:07.760 --> 01:30:10.760]  Hi, I'm Tim Fry at Roberts & Roberts Brokerage.
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[01:31:23.760 --> 01:31:27.760]  Chippin' off your BAB, Chippin' off your family, whole family.
[01:31:27.760 --> 01:31:32.760]  Chippin' off your dog and the cat around we. Chippin' off the beef and you still gon' eat it.
[01:31:32.760 --> 01:31:37.760]  Chippin' off the fish, them all in the sea. Chippin' off the shark and the whale around we.
[01:31:37.760 --> 01:31:41.760]  You know see mankind gone chip crazy. They're the kind of thing man they want to be.
[01:31:41.760 --> 01:31:46.760]  The social security, them gon' tell me. Number when them give me them, repeat up your seahorse.
[01:31:46.760 --> 01:31:51.760]  Chippin' you in the morning, Chippin' you in the evening, Chippin' you all at dinnertime.
[01:31:51.760 --> 01:31:55.760]  Experiment on mankind, but man you know say them lie.
[01:31:55.760 --> 01:32:00.760]  Well we don't want no chip, man you have your BAB. Freedom or something, man you fight for we.
[01:32:00.760 --> 01:32:05.760]  You should tell them, them fi' read it. Constitution set us free.
[01:32:05.760 --> 01:32:10.760]  Man let them put no chip in your BAB. Put no chip in your dog or cat you see.
[01:32:10.760 --> 01:32:15.760]  No put no chip in your cow and go eat it. No put no chip in the fish and go eat it.
[01:32:15.760 --> 01:32:17.760]  All in the whale and the shark in the sea.
[01:32:17.760 --> 01:32:22.760]  All right, we're back. The rule of law. Randy Kelton and Deborah Stevens.
[01:32:22.760 --> 01:32:30.760]  And speaking of no chipping, just want to remind everyone or actually make the announcement.
[01:32:30.760 --> 01:32:36.760]  Catherine Albrecht is going to be special guest on Agenda 21 tomorrow evening at 6 p.m.
[01:32:36.760 --> 01:32:43.760]  She's actually going to be co-hosting for a portion of the show, maybe all the show, with Greg Chapman.
[01:32:43.760 --> 01:32:49.760]  So make sure you tune in tomorrow evening at 6 p.m. with Agenda 21.
[01:32:49.760 --> 01:32:53.760]  And Catherine Albrecht will be joining Greg tomorrow night.
[01:32:53.760 --> 01:33:00.760]  So make sure you tune into that. We are speaking right now with Marcus in Virginia.
[01:33:00.760 --> 01:33:04.760]  And Randy, you were making an analogy of...
[01:33:04.760 --> 01:33:06.760]  Oh that.
[01:33:06.760 --> 01:33:10.760]  Talking about these public officials being stubborn as mules it would seem.
[01:33:10.760 --> 01:33:16.760]  Well, what do you have planned next?
[01:33:16.760 --> 01:33:23.760]  Next? Well, let's see.
[01:33:23.760 --> 01:33:31.760]  Well, if I could just go over what the judge did in the previous case here.
[01:33:31.760 --> 01:33:36.760]  I'm going to try to do it again, try to do it better than I did before.
[01:33:36.760 --> 01:33:41.760]  Well, he didn't even read my motions, which kind of got me all flustered, I could tell.
[01:33:41.760 --> 01:33:47.760]  Because he mentioned that I was arguing the right to travel,
[01:33:47.760 --> 01:33:50.760]  and I didn't even use that word in any of my motions.
[01:33:50.760 --> 01:33:53.760]  So I kind of got a little upset with him.
[01:33:53.760 --> 01:33:57.760]  But then it became obvious he didn't read any of it.
[01:33:57.760 --> 01:34:04.760]  What you need to ask him, you need to ask him if he's read it, read your motions, and if he says yes.
[01:34:04.760 --> 01:34:10.760]  Well, then you stipulate to the fact that you've been sleeping with a 26-year-old blonde hooker.
[01:34:10.760 --> 01:34:13.760]  Because it's in paragraph 27.
[01:34:13.760 --> 01:34:24.760]  And if he grabs up the document and starts looking for paragraph 27, you got him.
[01:34:24.760 --> 01:34:31.760]  Well, I was just arguing the process. I didn't even claim the right to travel or the right to drive.
[01:34:31.760 --> 01:34:40.760]  But I think that's what I'm going to try to do in addition to claiming the right to due process.
[01:34:40.760 --> 01:34:47.760]  Yeah, due process, that doesn't go to right to travel. That goes to Constitution.
[01:34:47.760 --> 01:34:52.760]  And a county court is more likely to hear it.
[01:34:52.760 --> 01:34:58.760]  You'll have a judge who is actually an attorney.
[01:34:58.760 --> 01:35:03.760]  And generally the county courts pay a little more attention to law.
[01:35:03.760 --> 01:35:13.760]  And can you appeal a Class C misdemeanor beyond the county court in Virginia?
[01:35:13.760 --> 01:35:17.760]  Well, there's district court and the circuit court.
[01:35:17.760 --> 01:35:28.760]  No, the reason I ask that is in Texas, you're on a Class C misdemeanor, you can only appeal to the county court.
[01:35:28.760 --> 01:35:37.760]  That's your remedy of last resort. If the county court rules against you, you can't appeal past that.
[01:35:37.760 --> 01:35:40.760]  That sucks.
[01:35:40.760 --> 01:35:44.760]  Well, I didn't know how it was in Virginia.
[01:35:44.760 --> 01:35:52.760]  I'm not sure how it works either. All I know is I went to the circuit court and they told me to go back down to the district court.
[01:35:52.760 --> 01:35:59.760]  Well, it would be the cheapest legal education you can get.
[01:35:59.760 --> 01:36:02.760]  But odds are you're going to lose.
[01:36:02.760 --> 01:36:11.760]  Unless you really go after their throats, like Jim did, they just really get you out of hand.
[01:36:11.760 --> 01:36:15.760]  Well, one thing that's been bugging me is about the summons.
[01:36:15.760 --> 01:36:21.760]  And I don't see any signature on this thing from any attorney.
[01:36:21.760 --> 01:36:31.760]  So how can they file this and this being the only document that the plaintiff or the prosecutor has supposedly filed?
[01:36:31.760 --> 01:36:35.760]  It's not signed. It's not a summons.
[01:36:35.760 --> 01:36:39.760]  Did you raise an objection to the sufficiency of the summons?
[01:36:39.760 --> 01:36:44.760]  Well, this thing doesn't even name me as defendant. As far as I know, I'm just a witness.
[01:36:44.760 --> 01:36:49.760]  And I pointed that out during the trial. I was like, wait a minute. I am checked.
[01:36:49.760 --> 01:36:53.760]  Where is the defendant named in this case? Maybe I'm just a witness.
[01:36:53.760 --> 01:36:59.760]  Well, that didn't fly. He just decided to go ahead and name me as a witness.
[01:36:59.760 --> 01:37:04.760]  Wait a minute. Okay. Did the court have the citation?
[01:37:04.760 --> 01:37:09.760]  Let me defend it. Excuse me. I just left it there for a second.
[01:37:09.760 --> 01:37:18.760]  If they had this citation, then the summons... Once you're in the courtroom, the summons becomes moot.
[01:37:18.760 --> 01:37:23.760]  You can't really object to the summons, to the sufficiency of the summons, if you show up.
[01:37:23.760 --> 01:37:28.760]  Unless you don't know why you're there.
[01:37:28.760 --> 01:37:34.760]  The summons has to tell you why you're coming there so you can prepare for whatever kind of hearings going on.
[01:37:34.760 --> 01:37:42.760]  If it doesn't, if it just tells you to appear, then it's insufficient on its face.
[01:37:42.760 --> 01:37:45.760]  Does that make sense? Sure.
[01:37:45.760 --> 01:37:49.760]  Okay. You have any other questions or comments?
[01:37:49.760 --> 01:37:55.760]  Well, that's the first thing I did, is brought that up.
[01:37:55.760 --> 01:38:03.760]  The summons? Oh, the fact that the summons... Did the summons not tell you why you were coming there?
[01:38:03.760 --> 01:38:07.760]  No, it didn't name me as defendant. I mean, I could be... Yeah.
[01:38:07.760 --> 01:38:12.760]  I mean, it doesn't... Just the form, it doesn't really...
[01:38:12.760 --> 01:38:15.760]  It doesn't advise you as to why you're being called in.
[01:38:15.760 --> 01:38:27.760]  In Texas, 28.01 tells the judge what he can... authorizes the judge to summon you into court,
[01:38:27.760 --> 01:38:30.760]  and has a list of things he can summon you for.
[01:38:30.760 --> 01:38:35.760]  See, a judge can only do... only has powers that are enumerated.
[01:38:35.760 --> 01:38:42.760]  So, in Virginia law, the power of the judge to summon you is going to be enumerated someplace.
[01:38:42.760 --> 01:38:45.760]  You need to find that.
[01:38:45.760 --> 01:38:48.760]  They never follow law.
[01:38:48.760 --> 01:38:53.760]  And that's because those chump defense attorneys are afraid to annoy the judge.
[01:38:53.760 --> 01:38:57.760]  Or, like in traffic cases, they don't want to bother.
[01:38:57.760 --> 01:39:02.760]  It's too much trouble, so they just let the court do whatever they want to do.
[01:39:02.760 --> 01:39:05.760]  And they'll tell you, well, this is the best deal I could get you.
[01:39:05.760 --> 01:39:08.760]  It's the same deal you could get if you went down there.
[01:39:08.760 --> 01:39:14.760]  But they'll charge you 500 bucks and say, well, this is the best deal I could get you, and do nothing.
[01:39:14.760 --> 01:39:17.760]  So, it's going to go the same no matter what.
[01:39:17.760 --> 01:39:25.760]  So, that's why they do this kind of crap, Ola, because defense counsel will never object to it.
[01:39:25.760 --> 01:39:29.760]  None of that is about having a hearing. It's all about getting you to take a deal.
[01:39:29.760 --> 01:39:35.760]  That's why that attorney wanted to talk to you, to talk you into taking a deal.
[01:39:35.760 --> 01:39:43.760]  And when somebody comes along and actually makes them try their cases, they don't know what to do.
[01:39:43.760 --> 01:39:47.760]  But that'll be a good point for appeal, that you were brought to court and you didn't know why,
[01:39:47.760 --> 01:39:50.760]  so you weren't prepared to defend yourself.
[01:39:50.760 --> 01:39:54.760]  Or did they ask you if you were ready for trial?
[01:39:54.760 --> 01:39:56.760]  No, they didn't ask.
[01:39:56.760 --> 01:39:59.760]  Oh, good. Then you weren't ready for trial.
[01:39:59.760 --> 01:40:04.760]  Generally, the first thing the judge has to do is ask both parties, are you ready for trial?
[01:40:04.760 --> 01:40:10.760]  And if you've got a summons that doesn't tell you why you're there, he'd absolutely have to ask you.
[01:40:10.760 --> 01:40:19.760]  And make in your appeal, oh, you don't have to raise an issue in the appeal, okay.
[01:40:19.760 --> 01:40:22.760]  This could get complex.
[01:40:22.760 --> 01:40:30.760]  Because they denied you due process in the original trial, what they're going to say is,
[01:40:30.760 --> 01:40:36.760]  this is trial de novo, as if the first trial didn't happen.
[01:40:36.760 --> 01:40:39.760]  And if you try to bring up anything in the original trial,
[01:40:39.760 --> 01:40:45.760]  the prosecutor's going to jump up and down and wave his arms and whine and cry about it.
[01:40:45.760 --> 01:40:52.760]  But trial de novo is only de novo for the purpose of perfecting your appeal.
[01:40:52.760 --> 01:40:59.760]  It does not immunize the court from any improper procedure in the original hearing.
[01:40:59.760 --> 01:41:05.760]  If you were denied due process, you have a right to dismissal.
[01:41:05.760 --> 01:41:17.760]  I actually had a prosecuting attorney object when I asked an officer about his testimony in the original hearing.
[01:41:17.760 --> 01:41:26.760]  And raised that issue and the judge overruled the objection and made the policeman answer me.
[01:41:26.760 --> 01:41:31.760]  This was on a ticket for an accident.
[01:41:31.760 --> 01:41:39.760]  And I got the officer to state on the stand that he didn't see the accident occur.
[01:41:39.760 --> 01:41:41.760]  He was on another call.
[01:41:41.760 --> 01:41:44.760]  And I held up the citation, did you write this citation?
[01:41:44.760 --> 01:41:47.760]  He said, yes, I did.
[01:41:47.760 --> 01:41:53.760]  So tell me, Officer Pringle, when did you commit aggravated perjury?
[01:41:53.760 --> 01:41:58.760]  When you filled out this citation that stated you had personal knowledge that I committed this crime?
[01:41:58.760 --> 01:42:01.760]  Or just now when you stated that you didn't?
[01:42:01.760 --> 01:42:04.760]  Prosecutor jumped up, I object, I object.
[01:42:04.760 --> 01:42:07.760]  I do too, Judge. This is horrible.
[01:42:07.760 --> 01:42:11.760]  That officer ought to be ashamed of himself.
[01:42:11.760 --> 01:42:13.760]  That was a hoot. That was a fun hearing.
[01:42:13.760 --> 01:42:20.760]  Anyway, okay, let's move on.
[01:42:20.760 --> 01:42:23.760]  We've got bugs in Texas. I think it's a smaller one.
[01:42:23.760 --> 01:42:24.760]  Okay, great.
[01:42:24.760 --> 01:42:27.760]  All right, we're going to move on now.
[01:42:27.760 --> 01:42:31.760]  We've got John from Michigan.
[01:42:31.760 --> 01:42:33.760]  Okay, John, thanks for calling in.
[01:42:33.760 --> 01:42:35.760]  What's on your mind tonight?
[01:42:35.760 --> 01:42:36.760]  Hi, Randy.
[01:42:36.760 --> 01:42:39.760]  I called Randy earlier today because I had a question.
[01:42:39.760 --> 01:42:42.760]  I was going to give you a little bit of history.
[01:42:42.760 --> 01:42:44.760]  I went into court.
[01:42:44.760 --> 01:42:48.760]  The judge on record violated the Michigan court rules, rules of evidence.
[01:42:48.760 --> 01:42:50.760]  And here's the evidence.
[01:42:50.760 --> 01:42:54.760]  It's all in the transcripts and all in the record.
[01:42:54.760 --> 01:42:59.760]  Then I requested an appeal, and the judge said that I had to pay an appeals bond,
[01:42:59.760 --> 01:43:05.760]  even though I showed the judge that under Wright v. Fields, a court case in Michigan,
[01:43:05.760 --> 01:43:09.760]  says that a bond is not required and that I have a right to appeal.
[01:43:09.760 --> 01:43:14.760]  He still said if I didn't file the appeal bond then I couldn't appeal.
[01:43:14.760 --> 01:43:21.760]  And then I also earlier paid a $50 fee for a trial by jury,
[01:43:21.760 --> 01:43:26.760]  and the judge or the court clerk said in order to get the $50 back,
[01:43:26.760 --> 01:43:31.760]  I'd have to file a motion, which would cost me $20 to get my $50 back.
[01:43:31.760 --> 01:43:34.760]  So you can kind of see what's going on over here.
[01:43:34.760 --> 01:43:36.760]  Yes.
[01:43:36.760 --> 01:43:38.760]  I'd like to know where to take this.
[01:43:38.760 --> 01:43:39.760]  We're going to break. We'll be right back.
[01:43:39.760 --> 01:43:41.760]  Okay, yeah, just hang on the line.
[01:43:41.760 --> 01:43:44.760]  One more segment, 512-646-1984.
[01:43:44.760 --> 01:43:58.760]  We'll be right back.
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[01:45:35.760 --> 01:45:40.760]  Some things in this world I will never understand
[01:45:40.760 --> 01:45:44.760]  Some things I realize fully
[01:45:44.760 --> 01:45:48.760]  Somebody's gonna police that policeman
[01:45:48.760 --> 01:45:52.760]  Somebody's gonna police the bully
[01:45:52.760 --> 01:45:57.760]  There's always room at the top of the hill
[01:45:57.760 --> 01:46:02.760]  I hear through the grapevine and it's lonely there still
[01:46:02.760 --> 01:46:06.760]  They're wishing it was more than opposition to bill
[01:46:06.760 --> 01:46:10.760]  They know that if they don't do it, somebody will
[01:46:10.760 --> 01:46:14.760]  Some things in this world I will never understand
[01:46:14.760 --> 01:46:18.760]  Some things I realize fully
[01:46:18.760 --> 01:46:23.760]  Somebody's gonna police that policeman
[01:46:23.760 --> 01:46:27.760]  Somebody's gonna police the bully
[01:46:27.760 --> 01:46:29.760]  I know they will
[01:46:29.760 --> 01:46:32.760]  Yeah, they're gonna put the bill
[01:46:32.760 --> 01:46:35.760]  Cause I see so much injustice still
[01:46:35.760 --> 01:46:37.760]  I know they will
[01:46:37.760 --> 01:46:39.760]  Never fail to tip back that scale
[01:46:39.760 --> 01:46:41.760]  I know they will
[01:46:41.760 --> 01:46:44.760]  Never fail to tip back the scale
[01:46:44.760 --> 01:46:46.760]  I know they will
[01:46:48.760 --> 01:46:50.760]  I know they will
[01:46:50.760 --> 01:46:52.760]  I say I know
[01:46:52.760 --> 01:46:54.760]  I know they will
[01:46:54.760 --> 01:46:56.760]  Expectation hours, huh?
[01:46:56.760 --> 01:46:58.760]  I know they will
[01:46:58.760 --> 01:47:00.760]  Yeah
[01:47:00.760 --> 01:47:02.760]  I know they will
[01:47:02.760 --> 01:47:05.760]  Went down to that old rock quarry the other day
[01:47:05.760 --> 01:47:06.760]  I know they will
[01:47:06.760 --> 01:47:09.760]  That's where I heard that old rock quarry man say
[01:47:09.760 --> 01:47:10.760]  I know they will
[01:47:10.760 --> 01:47:14.760]  He knew I always had a place for my head to lay
[01:47:14.760 --> 01:47:15.760]  I know they will
[01:47:15.760 --> 01:47:18.760]  I filled up my truck, waved goodbye and drove away
[01:47:18.760 --> 01:47:19.760]  I know they will
[01:47:19.760 --> 01:47:22.760]  Some things in this world I will never understand
[01:47:22.760 --> 01:47:23.760]  I know they will
[01:47:23.760 --> 01:47:26.760]  Some things I realize fully
[01:47:26.760 --> 01:47:28.760]  I know they will
[01:47:28.760 --> 01:47:31.760]  Somebody's gonna police that policeman
[01:47:31.760 --> 01:47:35.760]  Somebody's gonna police that bully
[01:47:35.760 --> 01:47:37.760]  I know they will
[01:47:37.760 --> 01:47:40.760]  Yeah, they're gonna put the bill
[01:47:40.760 --> 01:47:44.760]  Cause I see so much injustice still
[01:47:44.760 --> 01:47:45.760]  I know they will
[01:47:45.760 --> 01:47:48.760]  Never fail to tip back that scale
[01:47:48.760 --> 01:47:49.760]  I know they will
[01:47:49.760 --> 01:47:52.760]  Never fail to tip back the scale
[01:47:52.760 --> 01:47:54.760]  I know they will
[01:47:54.760 --> 01:47:56.760]  I will never fail to tip back that scale
[01:47:56.760 --> 01:47:58.760]  I know they will
[01:48:00.760 --> 01:48:02.760]  I know they will
[01:48:02.760 --> 01:48:04.760]  I will never fail
[01:48:05.760 --> 01:48:06.760]  I know they will
[01:48:10.760 --> 01:48:11.760]  I know they will
[01:48:11.760 --> 01:48:13.760]  My god, they'll never, never fail
[01:48:13.760 --> 01:48:15.760]  I know they will
[01:48:15.760 --> 01:48:18.760]  Never fail to tip back that scale
[01:48:18.760 --> 01:48:20.760]  I know they will
[01:48:22.760 --> 01:48:24.260]  I know they will
[01:48:24.260 --> 01:48:37.820]  Alright, we are back. The rule of law, Randy Kelton and Debra Stevens. Alright, we are
[01:48:37.820 --> 01:48:44.700]  speaking with our callers. Alright, we've got John from Michigan who's calling, also
[01:48:44.700 --> 01:48:52.420]  Jesse from Texas. We're talking now with Marcus from Virginia. We got about 10 minutes left.
[01:48:52.420 --> 01:48:55.980]  So go ahead, Marcus, did you have anything else for us?
[01:48:55.980 --> 01:48:59.700]  I wasn't aware that you were going to put me down.
[01:48:59.700 --> 01:49:00.700]  Okay, alright.
[01:49:00.700 --> 01:49:10.140]  I can do it. I can do it. Okay. Look at what the judge did. Now, think in terms of judicial,
[01:49:10.140 --> 01:49:19.100]  ministerial, administrative. In a situation, you understand administrative. It's like,
[01:49:19.100 --> 01:49:23.900]  you know, I'm trying to get a judge to, I'm trying to get an attorney to ask the judge
[01:49:23.900 --> 01:49:27.740]  to remove him from the case. And we're going to tell the judge, don't you dare remove him
[01:49:27.740 --> 01:49:31.060]  from the case. And the judge is going to remove him. That's administrative. We get sued for
[01:49:31.060 --> 01:49:32.060]  it.
[01:49:32.060 --> 01:49:37.300]  There's another kind of decision the judge makes for which he doesn't have any immunity
[01:49:37.300 --> 01:49:45.820]  and that's ministerial. If I file a motion to disqualify the judge, he has zero option.
[01:49:45.820 --> 01:49:51.740]  He must forward that motion to the head administrative judge of the district and have that judge
[01:49:51.740 --> 01:49:58.820]  appoint another judge to hear this motion because it's against him. So he can't decide
[01:49:58.820 --> 01:50:05.340]  whether or not he's disqualified. Somebody else has to do that. The act of sending the
[01:50:05.340 --> 01:50:11.160]  motion to the head administrative judge of the district is a ministerial act, an act
[01:50:11.160 --> 01:50:19.980]  over which he has no discretion. He only has immunity from civil litigation for acts he
[01:50:19.980 --> 01:50:29.940]  makes within his discretion. Here's another thing that's ministerial. A trial judge may
[01:50:29.940 --> 01:50:39.500]  only apply the outstanding law to the facts developed in the case. He may not draw conclusions
[01:50:39.500 --> 01:50:50.500]  that law. The appeals court does that. So if he fails to apply the law to the facts,
[01:50:50.500 --> 01:51:01.220]  he abuses his discretion. He exercises a discretion he does not have and violates a ministerial
[01:51:01.220 --> 01:51:07.940]  duty. For that you can sue it. So as you're looking at what he did and the law surrounding
[01:51:07.940 --> 01:51:16.860]  it, look for that not only what he did, but the kind of decision it amounts to. If it
[01:51:16.860 --> 01:51:22.220]  goes to the adjudication of the case, it's judicial and you can't sue him for that. You've
[01:51:22.220 --> 01:51:29.700]  got to find the decisions he made that are ministerial or administrative, if that makes
[01:51:29.700 --> 01:51:36.340]  sense. I don't understand. He can't make conclusions at law though? Right. He can't
[01:51:36.340 --> 01:51:43.540]  determine what the law means. The court of appeals and the supreme courts do that for
[01:51:43.540 --> 01:51:52.380]  him. He can only apply the law he gets from the appeals court and the supreme court to
[01:51:52.380 --> 01:51:59.340]  the facts in the case. If the law tells him that he should do one thing and he does something
[01:51:59.340 --> 01:52:11.540]  else, that violates a ministerial duty. And you go after him for it. Okay. Okay. We need
[01:52:11.540 --> 01:52:16.060]  to move along. Got two callers and... Okay. Yeah. We're going to go to right now to John
[01:52:16.060 --> 01:52:21.860]  from Michigan. Hey, John, thanks for calling in. What's on your mind tonight? Well, I kind
[01:52:21.860 --> 01:52:28.900]  of already spoke with you earlier. Do you remember or did it not make the radio? I spoke
[01:52:28.900 --> 01:52:33.300]  with you about a court case that I went through and that the judge violated the Michigan court
[01:52:33.300 --> 01:52:41.740]  rules, Michigan rules of evidence and hearsay evidence. And then after I lost that part
[01:52:41.740 --> 01:52:47.540]  of the case, I went for appeal and the judge says, I cannot appeal without paying the bond.
[01:52:47.540 --> 01:52:52.500]  Yes. Even though I showed him a court case that said, a Michigan court case, that said
[01:52:52.500 --> 01:52:59.220]  I did not have to post the bond, that appeal is a right. He still overruled that and he
[01:52:59.220 --> 01:53:07.100]  says too bad. So the other, one of the third arguments was that I paid a $50 fee for trial
[01:53:07.100 --> 01:53:12.420]  by jury, which I did not get. And I requested the $50 back and they said, well, you're going
[01:53:12.420 --> 01:53:18.500]  to have to file a motion, which is going to cost you $20 to get $50. Okay. This is confusing.
[01:53:18.500 --> 01:53:24.740]  I thought I was talking to you. Yeah. Our caller page is kind of messed up right now.
[01:53:24.740 --> 01:53:28.820]  Listeners, I'm sorry, because our listener line is down. So we've got several callers
[01:53:28.820 --> 01:53:33.440]  up here on the call screen and it's, it's getting, it's getting kind of confusing. I'm talking
[01:53:33.440 --> 01:53:39.820]  to Marcus. It's like I said, it's where Randy and I are both getting confused here because
[01:53:39.820 --> 01:53:44.340]  we've got several callers on the screen that are listening. He was surprised that we put
[01:53:44.340 --> 01:53:48.540]  him on the dime and, and I apologize. I thought I was talking to somebody else. Yeah. Randy
[01:53:48.540 --> 01:53:52.860]  thought he was talking to Marcus and we were really talking to John. So no, I think we're
[01:53:52.860 --> 01:53:58.940]  talking to Marcus and I thought I was talking to John. I'm talking to John now, right? You
[01:53:58.940 --> 01:54:06.820]  are. Yeah. Okay. Good. Okay. Yeah. Yeah. That last stuff I was talking about, that was for
[01:54:06.820 --> 01:54:15.540]  you. Yeah. Okay. Good. I was right. Good. Okay. Let it, let us move on then since we've
[01:54:15.540 --> 01:54:20.620]  got two callers. Do you have another question? Yeah. Where would I take this to the police
[01:54:20.620 --> 01:54:27.140]  department, to the prosecuting attorney? Okay. Listen, tomorrow night we will get into where
[01:54:27.140 --> 01:54:32.540]  you take it, depending on who you want to start a fight with. Good deal. Yeah. And,
[01:54:32.540 --> 01:54:36.460]  and, and listeners, listen, I'm sorry, I'm going to have to apologize here, but also
[01:54:36.460 --> 01:54:42.820]  make a request. I'm working on getting the listener line up again. That is not my department.
[01:54:42.820 --> 01:54:47.140]  I have to deal with the phone company on that one. And so in the meantime, I'm just going
[01:54:47.140 --> 01:54:50.940]  to have to ask people, if the listener line is down, you're just going to have to listen
[01:54:50.940 --> 01:54:55.620]  on the internet. I, I'm sorry. I got to say that because I can't have people just calling
[01:54:55.620 --> 01:55:00.620]  in listening on the caller page because it, Randy and I get too confused. We lose track
[01:55:00.620 --> 01:55:04.180]  of who's calling and who's listening. And then when we're done with the call, people
[01:55:04.180 --> 01:55:08.740]  are supposed to hang up and then they don't because they, they want to listen. So, so
[01:55:08.740 --> 01:55:13.060]  please, I'm sorry. That's just the way it's going to have to be. At my age, I get confused
[01:55:13.060 --> 01:55:17.820]  real easy. Okay. All right. So, so, so Colin, if you have a question, if you want to be
[01:55:17.820 --> 01:55:22.900]  on the air, if you need to listen, you're going to have to find the internet. Okay.
[01:55:22.900 --> 01:55:29.460]  In the meantime, let's move on now. We're going now to Jesse in Texas. Hi, Randy and
[01:55:29.460 --> 01:55:37.940]  Deborah. I have no legal problems whatsoever. But I do have a question. You're an anomaly.
[01:55:37.940 --> 01:55:43.860]  And what's your question, Jesse? Cause we only have about three minutes left. Okay.
[01:55:43.860 --> 01:55:51.140]  Very quickly. May I tell other people who I know have legal problems, the things that
[01:55:51.140 --> 01:55:58.020]  you're telling me and I won't get in trouble for advising them. I mean- Oh, absolutely.
[01:55:58.020 --> 01:56:05.100]  All this nonsense about you can't tell somebody your opinion. Of course you can. So long as
[01:56:05.100 --> 01:56:12.020]  you don't hold yourself out as an attorney and be paid for it. That's what the statute
[01:56:12.020 --> 01:56:18.460]  says. So yeah, absolutely. And I could actually sit in court with that, that person and whisper
[01:56:18.460 --> 01:56:22.540]  or send a note to them if something is wrong. You could, but you'll get thrown in jail
[01:56:22.540 --> 01:56:27.100]  probably or the judge will throw you out. They do that to me on a regular basis. If
[01:56:27.100 --> 01:56:31.900]  it's civil, there's more leeway, but in a criminal court and the judge will get real
[01:56:31.900 --> 01:56:40.140]  excited about that. But it would be legal? No. Well, that's iffy. This goes to the discretion
[01:56:40.140 --> 01:56:48.540]  of the judge. He has discretion to maintain the decorum of the court. You can't represent
[01:56:48.540 --> 01:56:54.800]  someone or advise them when they're before the court, unless the judge says you can.
[01:56:54.800 --> 01:56:58.980]  And that's not likely to ever happen. Okay. That was my question. Thank you for your time.
[01:56:58.980 --> 01:57:03.560]  You kind of have to have them prepped going in. The best thing to do is get your documents
[01:57:03.560 --> 01:57:08.820]  down really well. And if the person doesn't know how to handle himself, tell the judge
[01:57:08.820 --> 01:57:11.900]  I stand on my documents. And if he asks a question anyway, have him start reading the
[01:57:11.900 --> 01:57:16.980]  document. And if the judge says, well, get to the point. I say, well, it's in here. I'll
[01:57:16.980 --> 01:57:22.180]  get to it, judge. And after you do that a couple of times, they'll quit asking. Okay.
[01:57:22.180 --> 01:57:27.420]  Thank you so much. You're welcome. All right. Excellent. All right. We have another caller
[01:57:27.420 --> 01:57:32.300]  now. Our last caller, Scott from Connecticut. All right, Scott, thanks for calling in. What's
[01:57:32.300 --> 01:57:37.020]  on your mind tonight? We have about one minute left. Hey, I just wanted to pipe in real quick
[01:57:37.020 --> 01:57:43.220]  for that guy with the stop sign. If he can't work out what the rule of law, maybe he can,
[01:57:43.220 --> 01:57:46.500]  it goes a little bit, I think, towards the merit of the case. He might want to check
[01:57:46.500 --> 01:57:50.660]  with the state traffic commission and find out what the stipulations for a stop sign
[01:57:50.660 --> 01:57:56.940]  are. Yeah. See if they did a traffic study. Yeah. Well, traffic study and like in a lot
[01:57:56.940 --> 01:58:01.420]  of states and whatnot, at the bottom of the stop sign, that has to be authorized by like
[01:58:01.420 --> 01:58:06.100]  the state traffic commission, the board of selectmen or something like that. If it's
[01:58:06.100 --> 01:58:11.740]  on a corner, sometimes it has to have a stop ahead sign so many feet before it at the line
[01:58:11.740 --> 01:58:17.500]  of sight. Good. It's supposed to be X amount of feet from the ground, but not too high.
[01:58:17.500 --> 01:58:21.580]  The sign itself is supposed to be a certain size. It's supposed to paint that white line
[01:58:21.580 --> 01:58:27.300]  called the stop bar. And I think if any of that stuff is missing, he might have to subpoena
[01:58:27.300 --> 01:58:34.420]  the state traffic commissioner and the public. Oh, that would be a lot of fun. Because it's
[01:58:34.420 --> 01:58:38.620]  not a real stop sign. Okay. People, you know, don't really want to be subpoenaed out of
[01:58:38.620 --> 01:58:42.980]  their cushy little job. Good. That's good information. But I'm sorry, we are out of
[01:58:42.980 --> 01:58:47.580]  time. We are totally out of time. Yep. But we will be back tomorrow evening, Friday,
[01:58:47.580 --> 01:58:52.140]  8pm central time, eight to midnight. We'll be taking your calls and going over due process.
[01:58:52.140 --> 01:59:19.740]  Scott called us tomorrow. This is a rule of law. We'll be back tomorrow.
[01:59:19.740 --> 01:59:37.380]  Thank you very, very much.
[01:59:49.740 --> 01:59:51.740]  Let's sue
[01:59:51.740 --> 02:00:19.740]  You better treat me good