ROL_2009-03-13_16k_Hr1-2.timecode
[00:00.000 --> 00:10.400] Barack Obama followed in the footsteps of his predecessors Friday by renewing the annual
[00:10.400 --> 00:16.920] sanctions manning U.S. companies from trading or investing in Iran.
[00:16.920 --> 00:21.680] Armed men abducted three staff members of Doctors Without Borders in Darfur.
[00:21.680 --> 00:26.000] The kidnappings came a week after international aid groups were asked to leave in response
[00:26.000 --> 00:30.280] to an international arrest warrant for the Sudanese president.
[00:30.280 --> 00:35.520] A lawyers group has asked the Royal Canadian Mounted Police to bar George Bush from entering
[00:35.520 --> 00:46.880] Canada, citing torture and war crimes committed in Iraq, Afghanistan and Guantanamo.
[00:46.880 --> 00:52.240] In Pakistan, U.S. officials have intervened to try to calm the political storm that threatens
[00:52.240 --> 00:58.160] to engulf the fledgling democratic government. A long march from major cities in Pakistan
[00:58.160 --> 01:04.080] to the capital Islamabad is underway to demand the reinstatement of judges sacked by former
[01:04.080 --> 01:09.800] President Pervez Musharraf. Analysts have warned that instability caused by the mass protest
[01:09.800 --> 01:15.160] could undermine Pakistan's newly restored democracy and trigger a return to military
[01:15.160 --> 01:16.160] rule.
[01:16.160 --> 01:21.040] Pakistan's beleaguered government faced a fresh challenge Thursday after a bill was
[01:21.040 --> 01:26.640] introduced in the U.S. Congress to cut military aid unless U.S. officials are allowed to question
[01:26.640 --> 01:33.400] nuclear scientist A.Q. Khan. The father of Pakistan's nuclear program confessed to providing
[01:33.400 --> 01:40.440] know-how to Iran, Libya and North Korea. Khan was kept under house arrest until last month.
[01:40.440 --> 01:46.480] Jane Harman, a lead author of the bill, said, quote, Khan is a loose nuke scientist with
[01:46.480 --> 01:51.680] proven ability to sell the worst weapons to the worst people.
[01:51.680 --> 02:02.680] Switzerland, the world's largest offshore financial center, has agreed to accept concessions
[02:02.680 --> 02:08.080] on bank secrecy. However, the Swiss government said it would still protect banking customers
[02:08.080 --> 02:14.040] from unjustified watching from abroad. Switzerland's announcement comes after it had risked being
[02:14.040 --> 02:21.160] added to a global blacklist of uncooperative tax havens. An estimated $2 trillion is banked
[02:21.160 --> 02:26.400] in Switzerland, which reached its agreement overnight with the Organization for Economic
[02:26.400 --> 02:33.040] Cooperation and Development. The OECD is the body that sets rules on sharing bank data
[02:33.040 --> 02:38.200] in an effort to stop offshore tax evasion. This is the first time Switzerland has agreed
[02:38.200 --> 02:44.240] to OECD rules, having previously stated such a move would compromise its banking secrecy
[02:44.240 --> 02:50.760] principles. And Dora, Liechtenstein, Austria and Luxembourg have also agreed to OECD rules.
[02:50.760 --> 02:56.680] All had come under increasing pressure to reform their banking sectors.
[02:56.680 --> 03:08.480] These government-mandated technology used to violate your privacy, making you mouthing.
[03:08.480 --> 03:13.040] Had enough of your tax off secure? It's time to send a message. Join the 5.11 campaign
[03:13.040 --> 03:18.840] attorney in Texas' minority reforms. Demand accountability before tax dollars. So pack
[03:18.840 --> 03:23.640] a lot of government-sponsored identity and the Western Hemisphere. In Round Rock, Texas,
[03:23.640 --> 03:29.840] 16th from noon to 3 p.m. 6 Incorporated, the state of tech metrics contractor. Because
[03:29.840 --> 03:57.840] for more information, visit 5.org or call 5127-4069, 687-40-
[03:57.840 --> 04:27.840] a businessman on Grow evidence with Samsung, ¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡
[04:27.840 --> 04:39.340] Bad Boys bad boys, what you gonna do? Oh what you gonna do when they come for you, bad boys, bad boys
[04:39.340 --> 04:46.840] You chock it on that one, you chock it on this one, you chock it on your mother and your father
[04:46.840 --> 04:49.840] You chock it on your brother and your sister, you chock it on that one and you check it on me
[04:49.840 --> 05:11.840] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[05:11.840 --> 05:27.840] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[05:27.840 --> 05:44.840] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[05:44.840 --> 06:08.840] Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[06:08.840 --> 06:17.840] We have our four hour edition tonight, Extended Info Marathon for plenty of info and plenty of time to take calls.
[06:17.840 --> 06:26.840] At the beginning of the show tonight, we're going to go over walking through due process, basically the principles of due process and statute here in Texas.
[06:26.840 --> 06:35.840] A lot of it will apply to other states depending on what your statutes are in your state, but the main principles will be the same.
[06:35.840 --> 06:44.840] So, callers, if you want to hold off for a few segments while Randy and I go over this material and then we can start taking questions and calls.
[06:44.840 --> 06:50.840] Okay, Randy, so go ahead. We're going to get into some nuts and bolts tonight, right?
[06:50.840 --> 06:58.840] Yes. I'm going to walk through the steps of due process and then we'll go on to how to use them.
[06:58.840 --> 07:12.840] Okay, persons arrested. Under law, a police officer has the authority to arrest someone without a warrant on a on-site offense.
[07:12.840 --> 07:26.840] Or, and this may be slightly different in other states, in Texas, a police officer can arrest a person for any infraction he personally sees or hears.
[07:26.840 --> 07:47.840] Or, if someone informs him that they have just witnessed a felony having been committed and directs him to the person that committed the felony, he can arrest that person if there's reason to believe the person will escape.
[07:47.840 --> 07:57.840] Say, a guy runs out from behind a beer joint and says, hey, I just saw this guy, punch out this other guy behind the beer joint.
[07:57.840 --> 08:05.840] And the cop goes and looks around the corner and there's one guy laying on the ground spitting out a couple teeth and the other guy walking away with bloody knuckles.
[08:05.840 --> 08:14.840] He can't arrest him. He would have to first go get a warrant and he can't hold the person while he goes and gets the warrant.
[08:14.840 --> 08:30.840] He has no probable cause. Now, he does have probable cause to believe that somebody got their teeth knocked out, but he doesn't have sufficient probable cause to arrest this person without a warrant first being issued.
[08:30.840 --> 08:55.840] Now, if the guy comes out and says, I just saw somebody shoot somebody behind a building over there and the policeman runs around the building, sees a guy laying down with blood running all over and another guy walking away with a weapon, he can arrest that person without a warrant, even though he didn't personally see or hear the offense being committed.
[08:55.840 --> 09:07.840] So that's when they can arrest without a warrant. Now, once the arrest is made, he has a duty to take the person to the nearest magistrate.
[09:07.840 --> 09:29.840] Now, this is the same in every state or at least every state that I look for, looked at, that it goes to a federal requirement. If a person is arrested, it's not intended that the police have the power to arrest and imprison.
[09:29.840 --> 09:44.840] It was intended that the police have the rest to empower, but to keep the public from having reason to be afraid of the police, our founders, in their wisdom, directed the policeman to take that person directly to a neutral magistrate and explain himself.
[09:44.840 --> 10:13.840] And it's the magistrate who holds the key to the jailhouse door, not the police officer. If we allow police to arrest and imprison, it will create a horrible situation just exactly like the one we have, where the public fears their police and consequently the police fear their public and we find ourselves in a police state.
[10:13.840 --> 10:32.840] So that's what's required. And then once the person is brought before a magistrate, the policeman has to put in the hand of the magistrate or someone has to put in the hand of the magistrate a criminal accusation, a criminal complaint.
[10:32.840 --> 10:58.840] Now, the policeman who actually witnessed the infraction can write the criminal complaint. Or if he was told by someone that this person committed a felony and he arrested the person for the felony, he could write the complaint telling the judge that this person told me that he personally witnessed this third party commit a felony.
[10:58.840 --> 11:16.840] I believe that person. Therefore, I have reason to believe, based on this person I trust telling me, and I do believe that this person committed this act. So hearsay is sufficient to file a criminal complaint. You don't have to have firsthand knowledge.
[11:16.840 --> 11:38.840] And from my more recent studies, a magistrate can find probable cause based on hearsay evidence. But he must have a criminal accusation first. It must be verified. It must be filed by some credible person, not necessarily a police officer.
[11:38.840 --> 11:51.840] Anyone can file a criminal complaint, and everyone has the duty if they have knowledge. When a policeman files a criminal complaint, he doesn't do it in his capacity as a police officer because he doesn't need to.
[11:51.840 --> 12:04.840] He has his own capacity as a sovereign citizen, and he does it in that capacity just as if you went to the judge and filed a criminal complaint. You're both sovereign citizens, and that's the authority you have to have to file a criminal complaint.
[12:04.840 --> 12:23.840] Okay. The judge gets the criminal complaint in his hand. Then Chapter 16 prescribes a whole series of things he must do. Read you your rights, offer you counsel. If you don't have counsel, he can appoint counsel for you.
[12:23.840 --> 12:41.840] If you wish counsel, he can postpone the hearing until the counsel can be appointed. He can set bond and release your own bond until an examining trial when you have counsel present.
[12:41.840 --> 13:05.840] If he holds the examining trial, he must take a statement from the witness, and it must be certified. The accused has opportunity to examine the evidence given to the magistrate because in an examining trial, the same rules of evidence apply as apply in a trial on the cause.
[13:05.840 --> 13:23.840] So when evidence is given to a judge, it has to be in the setting of a formal hearing. Anybody here who's ever tried to talk to a judge about his case outside the case gets a very quick rebuff.
[13:23.840 --> 13:41.840] Even if the judge were your wife or husband, they're going to tell you, can't talk about it, ex parte. So there has to convene a hearing, and before evidence is entered in the court, they have to establish standing for the evidence.
[13:41.840 --> 14:04.840] You get opportunity to object to it. That's why the statement, before it can be certified, the accused has opportunity to examine the evidence. You get it faced by accuser. You get opportunity to cross-examine your accuser.
[14:04.840 --> 14:20.840] There's a whole number of things, about eight different things, they have to do. If the magistrate makes a determination that there is sufficient cause to bind the person over for trial, he must issue an order to that effect.
[14:20.840 --> 14:38.840] Or the order must state whether he binds you over for trial. He releases you on bail, remands you to the court, or finds no probable cause and releases you from the charges.
[14:38.840 --> 14:52.840] If no order is filed in the court within 48 hours from the time of the probable cause hearing, a finding of no probable cause is entered in the court. That's what the statute says.
[14:52.840 --> 15:09.840] Then, if you have been arrested with no warrant, it is the warrant based on a valid criminal complaint that gives the court subject matter jurisdiction.
[15:09.840 --> 15:28.840] Once the magistrate has looked at the warrant, performed an examining trial, he must, I'm sorry, looked at the criminal complaint, performed an examining trial, then he is to prepare a warrant, 16.20 Texas Code of Criminal Procedure.
[15:28.840 --> 15:43.840] He prepares a warrant, and it is that warrant that gives the court subject matter jurisdiction. Now, they would have had it if the warrant existed already, and the policeman could arrest on the warrant.
[15:43.840 --> 15:51.840] But if he had arrested someone on a warrant, he would still have to bring them directly to the nearest magistrate.
[15:51.840 --> 16:02.840] Reason being, when a warrant is issued for someone's arrest, the person is not in front of the magistrate as a matter of law.
[16:02.840 --> 16:07.840] Because if he was in front of the magistrate, there would be no reason to issue a warrant.
[16:07.840 --> 16:22.840] A warrant will always direct the police officer or some officer to arrest this person and bring him before me, bring him before the magistrate who issued the warrant.
[16:22.840 --> 16:41.840] Reason being, is he held this examining trial ex parte. Only the policeman was here, the accused wasn't there to rebut. So they have to hold another examining trial where the accused gets opportunity to rebut.
[16:41.840 --> 16:58.840] Okay, we'll be right back. We're going to break. This is the Rule of Law, Randy Kelton and Deborah Stevens on Rule of Law Radio. We'll be right back.
[16:58.840 --> 17:13.840] Are you looking for an investment that has no stock market risk? Has a 100% track record of returning profits? Is not affected by fluctuations in oil prices and interest rates? Is publicly traded and SEC regulated?
[17:13.840 --> 17:20.840] If this kind of peace of mind is what you have been looking for in an investment, then Life Settlements is the investment for you.
[17:20.840 --> 17:30.840] Our annual rate of return has been 15.83% for the last 17 years. Our investments are insurance and banking commission regulated.
[17:30.840 --> 17:40.840] Our returns are assured by the largest insurance companies. Even qualified retirement plans such as 401Ks and IRAs are eligible for transfer.
[17:40.840 --> 17:55.840] We charge absolutely no commissions. 100% of your investment goes to work for you. Please visit sleepwellinvestment.com or call Bill Schober at 817-975-2431.
[17:55.840 --> 18:15.840] That's sleepwellinvestment.com or call 817-975-2431.
[18:15.840 --> 18:35.840] Look one again. Who reacts with Christians? Who knows why? They don't have the answer. Who reacts with Christians? Look one again. They don't have the answer.
[18:35.840 --> 18:51.840] All right, tyranny, the mater you, the mater me, the mater of the whole entire country with RFID and everything else wanting to take our blood on the side of the road.
[18:51.840 --> 19:01.840] All right, Randy, please continue. Yeah, so they don't follow the standard rules of evidence. They don't want to present the evidence in your presence in an open court hearing.
[19:01.840 --> 19:10.840] They have these ex parte hearings. They're invalid. So what's next? Okay, we'll get to that part. This is what they're supposed to do.
[19:10.840 --> 19:18.840] The judge can hold an ex parte hearing in order to issue a warrant. But not when they present evidence against you.
[19:18.840 --> 19:27.840] Well, actually, yes. You see, when the warrant is issued. I meant for the examining trial. They can't do it at the examining trial.
[19:27.840 --> 19:32.840] The examining trial has to be a regular hearing. Yeah, let me make this kind of make sense.
[19:32.840 --> 19:41.840] It's sort of an examining trial when the police officer or whoever brings a complaint to the magistrate.
[19:41.840 --> 20:08.840] Generally, when he does that, the accused is not there. The first the judge has to hold an initial examination. He must look at the allegation and see if it's sufficient on its face to give a reasonable person cause to believe that the named person has committed the criminal act indicated.
[20:08.840 --> 20:17.840] The accuser gives sufficient evidence to give reason to believe, and that's sufficient to issue a warrant.
[20:17.840 --> 20:23.840] But it's not a submit sufficient for a finding of probable cause on arrest.
[20:23.840 --> 20:31.840] So once they arrest the person, they have to bring him back before the same magistrate, the one that issued the warrant, because he did it ex parte.
[20:31.840 --> 20:46.840] And now we hold a full fledged examining trial. The accuser presents his evidence under the rules of evidence where the accused gets to challenge the evidence or object to the evidence.
[20:46.840 --> 20:54.840] And then the accused gets to offer a statement in his behalf.
[20:54.840 --> 21:04.840] So the judge now gets most sides of the issue. You know, it's like the illustration I use.
[21:04.840 --> 21:12.840] I once punched a woman upside the head as hard as I could, did everything. It was my full intention to knock her smooth out.
[21:12.840 --> 21:20.840] So somebody went to a judge and told him that. That's probable cause to believe that I committed a criminal act.
[21:20.840 --> 21:29.840] And if they ran out and arrest me, and then brought me before the judge, and the officer told the judge that, and then the officer turned to me and asked me, did you do that?
[21:29.840 --> 21:41.840] And I said, yes, I did. Well, what did you do that for? Well, we were about several hundred yards out in Lake Michigan, just been caught in a riptide and been drug out.
[21:41.840 --> 21:50.840] And this woman was drowning, and I was trying to bring her in. The third time she, in her hysterical fit, drug me under, nearly drowned us both.
[21:50.840 --> 21:58.840] I come up the third time, did everything I could to knock her smooth out so I could drag her in and not kill both of us.
[21:58.840 --> 22:03.840] Well, I didn't get her knocked out, but she quit fighting me.
[22:03.840 --> 22:16.840] Then the judge would say, well, in that case, no crime. That's the reason you must be brought before the magistrate either with or without a warrant.
[22:16.840 --> 22:23.840] An examining trial has to be held. There must be an examining trial.
[22:23.840 --> 22:39.840] What people will say, well, this is not an examining trial. This is a magistration or a magistrate's warning or an arraignment or some other nonsense.
[22:39.840 --> 22:50.840] Well, there must be an examining trial, and there's one statute that I ran across that, you know, I'd always get this argument that it's some other kind of hearing,
[22:50.840 --> 22:58.840] and I would make the argument, well, where is that hearing? Where is it listed in the Code of Criminal Procedure, a magistration?
[22:58.840 --> 23:06.840] But that was a difficult argument to make. And then I read a statute I'd probably read 50 times, and it didn't dawn on me what I was reading, 17.05.
[23:06.840 --> 23:18.840] Real simple. Bail is taken by a magistrate after an examining trial by a judge in Javius Corpus by a police officer under 17-20-21-22.
[23:18.840 --> 23:25.840] I read it a couple months, a few months ago, and something clicked. I said, wait a minute.
[23:25.840 --> 23:41.840] That said, bail is taken by a magistrate after an examining trial when the legislature makes a positive statement of this nature.
[23:41.840 --> 23:54.840] The statement itself is exclusive of all other conditions. It said a magistrate, bail is taken by a magistrate after an examining trial.
[23:54.840 --> 24:09.840] That means only after an examining trial. Had they intended that a magistrate be able to take bail in other cases, the legislature would have stipulated them.
[24:09.840 --> 24:17.840] But they stipulated only one. That means there is only one. So there absolutely must be an examining trial.
[24:17.840 --> 24:29.840] After the examining trial, 17.30, Code of Criminal Procedure directs the magistrate to seal all the documents had in the hearing,
[24:29.840 --> 24:36.840] cause his name to be written across the seal of the envelope, and forward it to the clerk of the court of jurisdiction.
[24:36.840 --> 24:49.840] Reason being, the magistrate may not be an attorney, may be a mayor or a justice of the peace or municipal judge who doesn't necessarily have to be an attorney to hold those positions.
[24:49.840 --> 25:10.840] Well, if a lay person sitting as a judge renders a decision that affects the liberty of a citizen, the citizen has a right to have that decision reviewed by a judge who is learned counsel, county court, district court.
[25:10.840 --> 25:20.840] So the legislature ordered the magistrate to seal everything he used to make the determination in an envelope and send it to the clerk of the court.
[25:20.840 --> 25:30.840] So if the accused wanted to challenge the sufficiency of the original probable cause determination, they would have the records to do so.
[25:30.840 --> 25:33.840] None of that happens.
[25:33.840 --> 25:40.840] That's how it's supposed to go. That's not how it does go.
[25:40.840 --> 25:57.840] As a matter of policy in every state I've been to up until now, if a person is arrested, the person is taken directly to jail as a matter of policy.
[25:57.840 --> 26:05.840] And policy can never take the place of law.
[26:05.840 --> 26:25.840] I'm looking for something in my motion where no matter how long a policy has been followed, no matter how common it is, it may take on the appearance of law, but it never takes on the force of law.
[26:25.840 --> 26:30.840] Well, yeah, that's why we have a legislature.
[26:30.840 --> 26:40.840] I mean, otherwise these people in bureaucratic positions or in the executive branch would just make policy and after a while it would just become law.
[26:40.840 --> 26:50.840] I mean, that's kind of the definition of tyranny, I think. Unchecked, unbridled power in the executive branch.
[26:50.840 --> 27:07.840] Well, yes, it goes to in the front of this document I put a, you know, all this stuff I'm talking about sounds kind of convoluted and highly detailed, but the law is that way.
[27:07.840 --> 27:12.840] I mean, this is something I read last night. I'd like to read it again.
[27:12.840 --> 27:26.840] From USV McNabb, a democratic society in which respect for the dignity of all men is central, naturally guards against the misuse of the law enforcement process.
[27:26.840 --> 27:32.840] Zeal in tracking down crime is not in itself an assurance of soberness of judgment.
[27:32.840 --> 27:49.840] Disenteredness in law enforcement does not alone prevent disregard of cherished liberties. Experience has therefore counseled that safeguards must be provided against the dangers of the overzealous as well as the despotic.
[27:49.840 --> 27:55.840] The awful instruments of the criminal law cannot be entrusted to a single functionary.
[27:55.840 --> 28:12.840] The complicated process of criminal justice is therefore divided into different parts, responsibility for which is separately vested in the various participants upon whom the criminal law relies for its vindication.
[28:12.840 --> 28:19.840] I don't know who wrote that, but he is better with the pen than me.
[28:19.840 --> 28:34.840] But that's exactly how we must treat the law. It has to be treated in paramateria as if it is one corpus juris, one single body of law.
[28:34.840 --> 28:41.840] We start leaving out parts. We get into the horrible mess that we're in today.
[28:41.840 --> 28:46.840] And right now, everywhere I've been, they follow the same practices.
[28:46.840 --> 28:52.840] The person is arrested. The officer takes him to jail as a matter of policy.
[28:52.840 --> 28:59.840] Well, I got news for you, Bubba. Policy could lead you to prison.
[28:59.840 --> 29:07.840] The only reason it hasn't led the officer to prison is because you and I haven't done our jobs.
[29:07.840 --> 29:15.840] We haven't taken them to task. We allow our police officers to arrest us for any crime we commit.
[29:15.840 --> 29:22.840] We don't do the same thing to the police officer.
[29:22.840 --> 29:28.840] The police officer, of all people, should be bound to the law.
[29:28.840 --> 29:33.840] Of all people who shouldn't be allowed to violate it, it should be them.
[29:33.840 --> 29:43.840] But you and I, we haven't held them to the letter of law. After this break, I'll go into more detail of how we can do that.
[29:43.840 --> 29:45.840] Yeah, it's time, definitely.
[29:45.840 --> 29:58.840] All right, we'll be right back. This is the Rule of Law on ruleoflawradio.com.
[29:58.840 --> 30:03.840] Gold prices are at historic highs, and with the recent pullback, this is a great time to buy.
[30:03.840 --> 30:09.840] With the value of the dollar, risks of inflation, geopolitical uncertainties and instability in rural financial systems,
[30:09.840 --> 30:11.840] I see gold going up much higher.
[30:11.840 --> 30:14.840] Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
[30:14.840 --> 30:18.840] Everybody should have some of their assets in investment-grade precious metals.
[30:18.840 --> 30:22.840] At Roberts and Roberts Brokerage, you can buy gold, silver and platinum with confidence
[30:22.840 --> 30:27.840] from a brokerage that's specialized in the precious metals market since 1977.
[30:27.840 --> 30:33.840] If you are new to precious metals, we will happily provide you with the information you need to make an informed decision
[30:33.840 --> 30:35.840] whether or not you choose to purchase from us.
[30:35.840 --> 30:39.840] Also, Roberts and Roberts Brokerage values your privacy and will always advise you
[30:39.840 --> 30:42.840] in the event that we would be required to report any transaction.
[30:42.840 --> 30:47.840] If you have gold, silver or platinum you'd like to sell, we can convert it for immediate payment.
[30:47.840 --> 30:53.840] Call us at 800-874-9760. We're Roberts and Roberts Brokerage.
[30:53.840 --> 30:57.840] 800-874-9760.
[30:57.840 --> 31:09.840] Yeah, who you want to chip? Who you take me for? Free Tully? Who you want to chip? I'm not free Tully. You can't chip me. Oh, I'm sorry.
[31:09.840 --> 31:13.840] Don't let them chip you in the morning, chip you in the evening. Put a chip in your body.
[31:13.840 --> 31:17.840] And then when you go computer reading, you can't hide me from nobody.
[31:17.840 --> 31:25.840] When you say chip in your mom, chip in your daddy, chip in your grandpa and the granny, chip in me, chip in your baby,
[31:25.840 --> 31:32.840] chip in your family, whole family, chip in your dog and the cat around me, chip in the beef and you still go eat me,
[31:32.840 --> 31:37.840] chip in the fish, them all in the sea, chip in the shark and the whale around me.
[31:37.840 --> 31:41.840] You know still mankind gone chip crazy, just the kind of thing man they want to be,
[31:41.840 --> 31:46.840] social security, them go tell me, number when them give me, them rip it up, you see.
[31:46.840 --> 31:51.840] I'm chip you in the morning, chip you in the evening, chip you all the dinner time,
[31:51.840 --> 31:58.840] but man you know say them lying. Well, we don't want no chip, man, you have your body.
[31:58.840 --> 32:05.840] Freedom or something, man, you fight for it. You should tell them that if we read it, Constitution set us free.
[32:05.840 --> 32:10.840] Don't let them put no chip in your body. Put no chip in your dog or cat, you see.
[32:10.840 --> 32:15.840] Don't put no chip in your cow and go eat it. Don't put no chip in the fish and go eat it.
[32:15.840 --> 32:20.840] All in the whale and the shark in the sea. Put the little chip in the little baby.
[32:20.840 --> 32:24.840] Want to put the chip in the ground for you see. Want to put the little chip in the eye man's body.
[32:24.840 --> 32:27.840] If me go hide in the abandoned sea.
[32:27.840 --> 32:33.840] Alright, we are back. The Rule of Law, ruleoflawradio.com.
[32:33.840 --> 32:37.840] I'm Deborah Stevens. I'm here with Randy Kelton.
[32:37.840 --> 32:46.840] And speaking of them wanting to chip us in our bodies, our clothes, our animals, our pets, everything, you name it.
[32:46.840 --> 32:51.840] ID cards, that's next on the list.
[32:51.840 --> 33:00.840] There's going to be a protest here in Austin, actually in Round Rock, at the Identics Incorporated.
[33:00.840 --> 33:05.840] That's I-D-E-N-T-I-X, Identics Incorporated.
[33:05.840 --> 33:11.840] They are the vendor now for TextDOT, it would appear.
[33:11.840 --> 33:14.840] Either they are a vendor or they're making a bid.
[33:14.840 --> 33:17.840] I think their bid has been accepted.
[33:17.840 --> 33:23.840] The address is 2001 Mariah C.V.
[33:23.840 --> 33:27.840] M-A-R-I-A-H C.V.
[33:27.840 --> 33:31.840] In Round Rock, Texas, 7-8-6-6-4.
[33:31.840 --> 33:37.840] It's coming Monday. This is coming Monday from noon to 3 p.m. Lunchtime protest.
[33:37.840 --> 33:45.840] We're going to be protesting the industries themselves, the companies themselves.
[33:45.840 --> 33:52.840] So they're going to have to answer to the people, too, with the picket signs and everything else, getting bad publicity on the company.
[33:52.840 --> 34:03.840] These are the people that want to put, that have been contracted or soon to be contracted to put RFID chips in the driver's licenses here in Texas.
[34:03.840 --> 34:09.840] So let's everybody get out there who can, Monday around noontime, around lunchtime,
[34:09.840 --> 34:16.840] and let this company know just exactly how we feel about them doing this.
[34:16.840 --> 34:20.840] So run a PSA for that as well.
[34:20.840 --> 34:30.840] So everyone remember this Monday, it's organized by 511 Campaign, Sheila Dean, Texans Against Real I-D.
[34:30.840 --> 34:35.840] All right. So that's my announcement for this evening. Everybody get out there who can.
[34:35.840 --> 34:45.840] And in the meantime, we're going to go back to walking through due process and how we have to hold these people to a much higher standard than they even hold us.
[34:45.840 --> 34:49.840] They're not above the law. So Randy, what are we going to do about it?
[34:49.840 --> 34:55.840] Okay. What we're going to do about it is start filing criminal charges against them.
[34:55.840 --> 35:04.840] And most people, when I mentioned filing criminal charges, they get worried. It scares them.
[35:04.840 --> 35:10.840] They consider it a pretty radical thing to do.
[35:10.840 --> 35:26.840] And they're worried that the police or the judge or the prosecutor will come back after them or deal more harshly with them if they file criminal complaints.
[35:26.840 --> 35:32.840] Well, I can tell you from experience, it just isn't so.
[35:32.840 --> 35:46.840] That is, if you do this carefully and thoughtfully, if you just start making up a bunch of horse manure complaints with no basis, they'll pay no attention to it.
[35:46.840 --> 35:53.840] And they may come back after because they consider you to be a patsy, an easy mark.
[35:53.840 --> 36:08.840] But if you keep in mind what your outcome is and craft complaints that are intended to lead toward an outcome, the complaints will have consistency and coherence.
[36:08.840 --> 36:13.840] And it will scare the bejesus out of these guys.
[36:13.840 --> 36:19.840] I have yet to have anyone come back after me, after the first shot.
[36:19.840 --> 36:23.840] Sometimes the first shot, they don't quite get it.
[36:23.840 --> 36:31.840] And I tend to be somewhat more aggressive, so every once in a while I kind of get dumped on and thrown in jail.
[36:31.840 --> 36:34.840] But that's not the way I suggest other people do it.
[36:34.840 --> 36:43.840] The best way to do all of this, if you're not real comfortable with how to handle yourself in front of these people, is never get in front of them.
[36:43.840 --> 36:48.840] Just make up criminal complaints and send it to them.
[36:48.840 --> 36:58.840] And what I tend to do is try to keep in mind that the way to take down a system is from the head.
[36:58.840 --> 37:01.840] It's from the top, not the bottom.
[37:01.840 --> 37:05.840] The guy at the top is the one that's going to determine how the system operates.
[37:05.840 --> 37:08.840] You want to get to him.
[37:08.840 --> 37:12.840] Now, generally, he's several steps away from you.
[37:12.840 --> 37:16.840] So the way you get to him is you start at the bottom.
[37:16.840 --> 37:22.840] In this case, a policeman arrests me, takes me, searches me, cuffs me,
[37:22.840 --> 37:25.840] stuffs me in the patrol car, takes me to jail.
[37:25.840 --> 37:32.840] I start out with allegations of aggravated kidnapping against him.
[37:32.840 --> 37:34.840] Okay, how do I get there?
[37:34.840 --> 37:39.840] The policeman has the authority to arrest for an on-site offense.
[37:39.840 --> 37:45.840] And then 14.06 commands that he take me directly to the nearest magistrate.
[37:45.840 --> 37:49.840] It says, except as provided by subsection B in each case enumerated in this code,
[37:49.840 --> 37:52.840] the person making the arrest and the person having custody of the person arrested
[37:52.840 --> 37:56.840] shall take the person arrested or have him taken without a necessary delay,
[37:56.840 --> 38:00.840] but no later than 48 hours after the person has been arrested before the magistrate,
[38:00.840 --> 38:04.840] who may have ordered the arrest before some magistrate in the county
[38:04.840 --> 38:07.840] where the arrest was made without an order, or, if necessary,
[38:07.840 --> 38:10.840] to provide more expeditiously to the person arrested,
[38:10.840 --> 38:15.840] the warning described in 1517 of this code before a magistrate in a county
[38:15.840 --> 38:19.840] bordering the county in which the arrest was made.
[38:19.840 --> 38:25.840] Now, that 48-hour stuff, that goes to prima facie.
[38:25.840 --> 38:29.840] If an officer gets you to a magistrate within 48 hours,
[38:29.840 --> 38:34.840] well, it's since been cut back by the City of Riverside to 24 hours.
[38:34.840 --> 38:38.840] If he gets you to a magistrate within 24 hours, on the face of it,
[38:38.840 --> 38:43.840] the taking was timely, unless you can show
[38:43.840 --> 38:49.840] that the officer could have gotten you to a magistrate in less time.
[38:49.840 --> 38:55.840] For instance, when I was arrested recently across the street from the Capitol building,
[38:55.840 --> 39:00.840] they took me three blocks over to the courts building
[39:00.840 --> 39:04.840] and had me have a jail in the basement.
[39:04.840 --> 39:08.840] They took me into jail, and standing there, being booked in,
[39:08.840 --> 39:13.840] I watched a magistrate in a robe, a judge in a robe, walk past me.
[39:13.840 --> 39:18.840] Duh! There's a magistrate. They could take me to him.
[39:18.840 --> 39:20.840] They can't say they didn't have one.
[39:20.840 --> 39:24.840] And in Travis County, they tell you that they magistrate 24 hours a day.
[39:24.840 --> 39:28.840] So that is the case to have a magistrate available 24 hours a day.
[39:28.840 --> 39:31.840] Well, if that's the case, then how come you have to sit your butt in jail
[39:31.840 --> 39:33.840] for a whole day to see one?
[39:33.840 --> 39:40.840] Because that goes to the ongoing criminal conspiracy, which we're going to get to.
[39:40.840 --> 39:46.840] And every step, as presently practiced in the criminal justice system
[39:46.840 --> 39:51.840] in Texas and most other states I've seen, is not only wrong,
[39:51.840 --> 39:56.840] it is very specifically against a particular law.
[39:56.840 --> 40:03.840] And Randy, remember also, if they took you directly to a magistrate,
[40:03.840 --> 40:07.840] and as in this past most recent time when you got arrested,
[40:07.840 --> 40:11.840] they didn't even file charges against you because there was nothing to file
[40:11.840 --> 40:13.840] because you didn't do anything.
[40:13.840 --> 40:17.840] If that happened in front of a magistrate before all the booking and the fingerprinting
[40:17.840 --> 40:21.840] and the biometric dataing and all the other stuff,
[40:21.840 --> 40:25.840] well, think how many people would lose how much money, you know?
[40:25.840 --> 40:27.840] You've got jailer salaries.
[40:27.840 --> 40:31.840] You've got biometric data companies that wouldn't get paid.
[40:31.840 --> 40:35.840] What about the companies that makes the orange suits and the, oh,
[40:35.840 --> 40:39.840] don't forget City of Austin utility company.
[40:39.840 --> 40:43.840] That's a lot of power that goes into keeping those jail cells air conditioned
[40:43.840 --> 40:47.840] down to 50 degrees sometimes in the heat of the summer.
[40:47.840 --> 40:53.840] So we're talking millions and millions of dollars here that are going to be lost
[40:53.840 --> 40:58.840] on all these companies if they just took you directly to a magistrate first
[40:58.840 --> 40:59.840] without booking you.
[40:59.840 --> 41:01.840] Now what do you think about that?
[41:01.840 --> 41:03.840] You forgot the delicious cuisine.
[41:03.840 --> 41:04.840] Oh, that too.
[41:04.840 --> 41:08.840] When I got out of jail, there was a dog on the side of the road
[41:08.840 --> 41:11.840] licking up a pile of doo-doo.
[41:11.840 --> 41:12.840] Oh, come on, Randy.
[41:12.840 --> 41:14.840] And I thought he must have ate one of those sandwiches
[41:14.840 --> 41:16.840] and tried to get the taste out of his mouth.
[41:16.840 --> 41:18.840] Give me a break.
[41:18.840 --> 41:21.840] I mean, and there's also the telephone companies
[41:21.840 --> 41:24.840] because most of the time when you call collect,
[41:24.840 --> 41:26.840] you can't just call normal collect,
[41:26.840 --> 41:31.840] and you certainly can't even call out unless it's a collect call,
[41:31.840 --> 41:33.840] even if it's a local number.
[41:33.840 --> 41:38.840] And so, you know, we're talking like three bucks a minute here
[41:38.840 --> 41:43.840] that some of these scam phone companies are raking in
[41:43.840 --> 41:46.840] for people needing to make phone calls when they're in jail.
[41:46.840 --> 41:51.840] So, I mean, it's an entire, it's a multifaceted industry here,
[41:51.840 --> 41:54.840] the booking industry.
[41:54.840 --> 41:59.840] Yes, and it gets, the whole criminal justice system
[41:59.840 --> 42:02.840] is the large money-making enterprise.
[42:02.840 --> 42:04.840] Mm-hmm.
[42:04.840 --> 42:07.840] Most people probably don't realize this.
[42:07.840 --> 42:09.840] We live in a police state, folks.
[42:09.840 --> 42:11.840] Yeah, I hate to break the news to you.
[42:11.840 --> 42:12.840] Yeah.
[42:12.840 --> 42:18.840] What would a police state look like?
[42:18.840 --> 42:22.840] What would you say the conviction rate in Texas is,
[42:22.840 --> 42:25.840] the average conviction rate?
[42:25.840 --> 42:33.840] Would you guess 80, 85, 90, 95?
[42:33.840 --> 42:37.840] Try 99.6.
[42:37.840 --> 42:39.840] Sounds like a racket to me.
[42:39.840 --> 42:43.840] All the people, have you ever met someone accused of a felony
[42:43.840 --> 42:48.840] who said, oh, yeah, I'm guilty of sin?
[42:48.840 --> 42:51.840] I've never seen anybody do that.
[42:51.840 --> 42:54.840] Yeah, I think one guy.
[42:54.840 --> 42:57.840] Most everybody cries their innocence.
[42:57.840 --> 43:06.840] So how is it that virtually 100% plead guilty?
[43:06.840 --> 43:09.840] Because they're pressured into the deal, that's why.
[43:09.840 --> 43:13.840] Every step from arrest to trial is not just wrong
[43:13.840 --> 43:16.840] and it's not just illegal.
[43:16.840 --> 43:21.840] It's done the way it's done for a very specific purpose.
[43:21.840 --> 43:22.840] To make money.
[43:22.840 --> 43:26.840] Exactly, to put any reasonable person accused of a criminal act
[43:26.840 --> 43:31.840] in a position to where they have no reasonable alternative
[43:31.840 --> 43:35.840] but to take that absolutely great deal when it's offered.
[43:35.840 --> 43:40.840] All right, more on the deal after these short messages.
[43:40.840 --> 43:44.840] Randy Kelton and Deborah Stevens, this is The Rule of Law.
[43:44.840 --> 43:46.840] We're trying to bring back the rule of law, people.
[43:46.840 --> 43:49.840] That's why the show is called The Rule of Law.
[43:49.840 --> 43:57.840] Okay, we'll be right back.
[43:57.840 --> 44:00.840] Stock markets are taking hit after hit.
[44:00.840 --> 44:04.840] Corrupt bankers are choking on subprime debt.
[44:04.840 --> 44:08.840] The Fed is busy printing dollars, dollars, and more dollars
[44:08.840 --> 44:12.840] to bail out Wall Street, banks, and the U.S. car industry.
[44:12.840 --> 44:15.840] As investors scramble for safety in the metals,
[44:15.840 --> 44:18.840] in the face of a further devaluation of the dollar,
[44:18.840 --> 44:21.840] the price of silver will only increase.
[44:21.840 --> 44:24.840] Some of the world's leading financial analysts believe that
[44:24.840 --> 44:28.840] silver is one of the world's most important commodities
[44:28.840 --> 44:32.840] with unparalleled investment opportunity for the future.
[44:32.840 --> 44:37.840] Now is the time to buy silver before it heads for $75 an ounce,
[44:37.840 --> 44:43.840] and the yellow metal roars back past $1,000 an ounce to new highs.
[44:43.840 --> 44:49.840] Call Maximus Holdings now at 407-608-5430
[44:49.840 --> 44:55.840] to find out how you can turn your IRA and 401K into a solid investment,
[44:55.840 --> 44:58.840] silver, without any penalties for early withdrawal.
[44:58.840 --> 45:01.840] Even if you don't have a retirement account yet,
[45:01.840 --> 45:04.840] we have fantastic investment opportunities for you.
[45:04.840 --> 45:11.840] Call Maximus Holdings at 407-608-5430 for more information.
[45:11.840 --> 45:40.840] Music
[45:40.840 --> 45:45.840] I was blindsided but now I can see your plans
[45:45.840 --> 45:48.840] You put the fear in my pocket
[45:48.840 --> 45:50.840] Took the money from my hands
[45:50.840 --> 45:55.840] Ain't gonna fool me with that same old trick again
[45:55.840 --> 46:15.840] Ain't gonna fool me
[46:15.840 --> 46:20.840] Ain't gonna drive me with that same old sucker punch
[46:20.840 --> 46:25.840] I get it now but then I must have it now too
[46:25.840 --> 46:30.840] Back then you had room to move but now you're feeling the run
[46:30.840 --> 46:35.840] Ain't gonna get me with that same old sucker punch
[46:35.840 --> 46:55.840] Music
[46:55.840 --> 47:00.840] Ain't gonna please me with that same old bad man song
[47:00.840 --> 47:05.840] You thought you were right but now you got me all wrong
[47:05.840 --> 47:10.840] It was a weak moment for me but I had the power all along
[47:10.840 --> 47:15.840] Ain't gonna please me with that same old bad man song
[47:15.840 --> 47:35.840] Music
[47:35.840 --> 47:40.840] Ain't gonna bore me with that same old bundle of lies
[47:40.840 --> 47:45.840] Your arrogance is absurd, don't know why you even tried
[47:45.840 --> 47:50.840] I'm gonna see my sweet republic re-analyze
[47:50.840 --> 47:55.840] Ain't gonna blind me with that same old bucket of lies
[47:55.840 --> 48:20.840] Music
[48:20.840 --> 48:25.840] Alright, we're back. The rule of law, Randy Kelton and Deborah Stevens.
[48:25.840 --> 48:33.840] Okay, we are discussing these rogue agencies that bank off of our misfortune
[48:33.840 --> 48:37.840] and the fact that the whole thing is just a big money making scam
[48:37.840 --> 48:43.840] and they're breaking the law every step of the way to put the cash in their pocket from our pockets and yours.
[48:43.840 --> 48:50.840] Exactly. Every step from arrest to trial is illegal.
[48:50.840 --> 48:57.840] It's all designed to put you in a position to where you have no reasonable option but to take a deal.
[48:57.840 --> 49:02.840] It works. Everybody takes the deal.
[49:02.840 --> 49:08.840] If you get charged with a crime, and you can't afford to call it counsel, they'll appoint you counsel.
[49:08.840 --> 49:13.840] They love to appoint you counsel because counsel is working for them.
[49:13.840 --> 49:23.840] So is your attorney, but if you hire an attorney, he feels like he has to be a little more careful because you're actually paying him.
[49:23.840 --> 49:25.840] Yeah, but not much.
[49:25.840 --> 49:31.840] Just a few thousand dollars. If he's appointed, he's only getting about 350 bucks.
[49:31.840 --> 49:34.840] Yeah, but he's not that much more careful is what I'm saying.
[49:34.840 --> 49:46.840] No, he's not much more careful because they feel absolutely immune because the prosecutor, the judge, and your defense counsel are all working together.
[49:46.840 --> 49:53.840] Your defense counsel does not want to come in there and put on a vigorous defense for you.
[49:53.840 --> 49:55.840] You think that's going to make the judge happy?
[49:55.840 --> 49:57.840] It's too much work anyway.
[49:57.840 --> 50:03.840] He's going to miss his golf game. You'll be sorry for that, Bubba.
[50:03.840 --> 50:07.840] Most attorneys, when they get out of law school...
[50:07.840 --> 50:10.840] Whatever you do, don't make him miss a golf game.
[50:10.840 --> 50:15.840] That's where they win all their money.
[50:15.840 --> 50:18.840] That's what Mark Adams keeps saying.
[50:18.840 --> 50:21.840] Dropping a big bag of cash on the golf course.
[50:21.840 --> 50:29.840] You lose something big to the judge on the golf course, you win big in trial.
[50:29.840 --> 50:35.840] An attorney gets appointed. When an attorney gets out of law school, attorneys can't advertise.
[50:35.840 --> 50:41.840] They're professionals. Professionals can't advertise their services. Their customers have to come to them.
[50:41.840 --> 50:46.840] I'm sorry. An attorney can't directly promote his service.
[50:46.840 --> 50:47.840] He can indirectly.
[50:47.840 --> 50:50.840] He can't solicit individuals.
[50:50.840 --> 50:51.840] Right.
[50:51.840 --> 50:58.840] But he can advertise or she can advertise the business because I see three-page ads in the yellow pages for attorneys.
[50:58.840 --> 51:03.840] They just started allowing that about 10, 15 years ago. Before that, they couldn't even do that.
[51:03.840 --> 51:04.840] Amazing.
[51:04.840 --> 51:12.840] So how does he get started? If he's not top of his class and doesn't get picked up by a law firm, how does he get started?
[51:12.840 --> 51:15.840] What he does is goes down and sits in the court.
[51:15.840 --> 51:21.840] And when somebody comes in and needs a court appointed counsel, the judge points at the next one, you. You're next.
[51:21.840 --> 51:30.840] Or King Travis County here, they go down and put the name on the list and the judge just goes down the list and appoints him as he comes to them.
[51:30.840 --> 51:39.840] Well, he's going to if he puts on a vigorous defense for you, the court's going to pay him about 350 bucks.
[51:39.840 --> 51:43.840] If he gets you to take a deal and doesn't do anything.
[51:43.840 --> 51:48.840] Got any idea what the court's going to pay him? Yeah, 350 bucks.
[51:48.840 --> 51:57.840] So what would you do? Oh, sure. You get out of law school, you got all these high ideals, but you also got a phone bill.
[51:57.840 --> 52:05.840] You got to pay a secretary and office space in the real world. We all live in. We have to make a living.
[52:05.840 --> 52:11.840] And if you get appointed to represent someone and you go in there and fight like a tiger.
[52:11.840 --> 52:17.840] Next time you get appointed, it's going to be in a different jurisdiction, far away from this one.
[52:17.840 --> 52:20.840] Because that judge is not going to appoint you next time.
[52:20.840 --> 52:25.840] And neither is any other judge around there who don't want to miss his golf game.
[52:25.840 --> 52:37.840] So what's your attorney to do? If he fights for you and adjudicates all of your rights, he puts himself out of business.
[52:37.840 --> 52:46.840] The attorney is not on your side. Make no mistake about that. The attorney is not going to protect your rights.
[52:46.840 --> 52:52.840] He's going to try to make a deal. Just talking to a guy out of Amarillo.
[52:52.840 --> 53:00.840] He called his office and got ahold of the paralegal and asked if the attorney had filed some motion.
[53:00.840 --> 53:07.840] And the paralegal told him, I've been working here five years and I don't remember him ever filing a motion.
[53:07.840 --> 53:15.840] What? Yeah. Never filed a motion? He's doing criminal defense. Everything's a deal.
[53:15.840 --> 53:24.840] Oh, man. Let's make a deal. If you don't think that's true, you go down and look through the criminal court files.
[53:24.840 --> 53:35.840] Ninety percent of them will have nothing in them. A complaint or information or an indictment in the deal.
[53:35.840 --> 53:44.840] Indictment deal, information deal, case after case after case after case. That's how it's done.
[53:44.840 --> 53:50.840] It's incredibly bad, Randy. It is incredibly bad. Is there any way to find out, like if you're shopping for attorneys,
[53:50.840 --> 53:59.840] is there any way to find out if they've ever filed a motion or not? Yeah. You can just go down, ask the clerk to pull any cases by this attorney.
[53:59.840 --> 54:05.840] They can sort them out that way too? Yeah. Most of them can. And guess what? They'll probably be none.
[54:05.840 --> 54:14.840] You can't do it, but the clerk can do it. And you're not going to find any motions because if they start filing motions,
[54:14.840 --> 54:22.840] they're not going to get appointed more clients. The only ones who file motions are the ones who have big name clients and pays them big money.
[54:22.840 --> 54:29.840] And the law firm is big enough that they don't have to worry about getting appointed for anything.
[54:29.840 --> 54:42.840] So if you're not rich, even if you are, when I was in jail in Williams County, this guy in there worth $8 million,
[54:42.840 --> 54:54.840] he hired attorneys and they screwed him royal. I bet. I gave him all my documentation and they talked him out of filing it and screwed him royal.
[54:54.840 --> 55:07.840] So it doesn't matter. They'll screw you no matter what. Wow. So what we're going to do is show you how to be the screw-er instead of the screw-ee.
[55:07.840 --> 55:11.840] Okay. Okay. Let's go back and walk through the law.
[55:11.840 --> 55:19.840] Officer doesn't take you straight, doesn't take you to a magistrate, takes you to jail instead. He violates a law relating to his office.
[55:19.840 --> 55:29.840] If an officer violates a law relating to his office, he becomes what is called in law a trespasser ab initio.
[55:29.840 --> 55:36.840] Let me read this to you. Under the doctrine of trespass ab initio, where a party exceeds an authority given by law,
[55:36.840 --> 55:44.840] the party loses the benefit of the jurisdiction, I'm sorry, of the justification and is considered a trespasser ab initio.
[55:44.840 --> 55:51.840] Ab initio means from the beginning. Although to a certain extent, the party followed the authority given.
[55:51.840 --> 55:58.840] The law will then operate retrospectively to defeat all acts done under color or lawful authority.
[55:58.840 --> 56:07.840] Thus, a person who enters on real property lawfully pursuant to a conditional or restricted consent and remains there after his right to possession terminates
[56:07.840 --> 56:14.840] and demand is made for his or her removal becomes a trespasser from the beginning.
[56:14.840 --> 56:22.840] And the law will then operate retrospectively to defeat all acts done by him under color or lawful authority.
[56:22.840 --> 56:32.840] Williams v. Garrett. The rule applies to the acts of sheriffs and other officers as well as to the conduct of private individuals.
[56:32.840 --> 56:41.840] American Mortgage Corp v. Wayman. Even if the police officer makes a valid and lawful arrest,
[56:41.840 --> 56:54.840] if subsequent to making the arrest he pulls out his billy club and bashes your brains in, he becomes a criminal and all his acts are defeated.
[56:54.840 --> 57:09.840] If he cranks the patrol car and points it out to jail having made no due diligent effort to locate a magistrate, he becomes a trespasser ab initio.
[57:09.840 --> 57:24.840] So if he arrests you, he's restricting you at your liberty. In Texas, there is no statute for false imprisonment.
[57:24.840 --> 57:31.840] It's not called false imprisonment. It's called kidnapping. 20.03 Texas Penal Code.
[57:31.840 --> 57:37.840] A person commits an offense if he intentionally or knowingly abducts another person.
[57:37.840 --> 57:40.840] Sounds like kidnapping to me.
[57:40.840 --> 57:45.840] And here's the problem the officer has.
[57:45.840 --> 57:53.840] Aggravated kidnapping. A person commits an offense if he intentionally or knowingly abducts another person with the intention to
[57:53.840 --> 58:13.840] use him for ransom or reward, use him as a shield or hostage, facilitate the commission of a felony or flight after attempt to the commission of a felony, inflict bodily harm, terrorize the third person, or interfere with the performance of a governmental function.
[58:13.840 --> 58:18.840] And we will show you how he commits a felony when we come back.
[58:18.840 --> 58:26.840] All right, we'll be back on the other side with the top of the hour. This is the Rule of Law on Rule of Law Radio, ruleoflawradio.com.
[58:26.840 --> 58:39.840] Listeners, if you're out there listening on one of the various AM or FM affiliates of this network, if you're nearby a computer, please log on to your computer and go to ruleoflawradio.com and pull up the stream.
[58:39.840 --> 58:44.840] Even if you're listening on your big speakers, just hit up the stream anyway so we can get our numbers up.
[58:44.840 --> 58:59.840] We'll be right back after this short break.
[58:59.840 --> 59:14.840] We'll be right back.
[59:14.840 --> 59:36.840] We'll be right back.
[59:36.840 --> 59:45.840] We know the official story is impossible, so we set about scientifically to cover the hypothesis and then to test that.
[59:45.840 --> 01:00:10.840] All right, we've been searching for the truth in us so far. We've been truthless. We don't need to be ruthless. I do. It wasn't ten-second freefall. That's what I saw. That's what you saw. That's what everybody saw. Ten-second freefall. Officers' stories don't make a little sense at all. It wasn't ten-second freefall.
[01:00:10.840 --> 01:00:29.840] We know the bill makers are brought down by control demolition.
[01:00:29.840 --> 01:00:40.840] Just ignore that idiot.
[01:00:40.840 --> 01:00:46.840] All right, we're back. The rule of law, Randy Kelton and Deborah Stevens.
[01:00:46.840 --> 01:00:55.840] Okay, callers, we'll be getting to you in just another segment or two. We want to finish laying out this material here. So go ahead, Randy.
[01:00:55.840 --> 01:00:58.840] Okay, the officer.
[01:00:58.840 --> 01:00:59.840] The kidnapping.
[01:00:59.840 --> 01:01:03.840] The kidnapping. He kidnapped you.
[01:01:03.840 --> 01:01:14.840] And if he kidnapped you for the purpose of the facilitation of the commission of a felony, then that's aggravated kidnapping.
[01:01:14.840 --> 01:01:18.840] And we'll get to the felony a little bit later.
[01:01:18.840 --> 01:01:24.840] Okay, he kidnapped you and he takes you to jail.
[01:01:24.840 --> 01:01:28.840] He turns you over to a jailer.
[01:01:28.840 --> 01:01:32.840] Now, the jailer has a duty.
[01:01:32.840 --> 01:01:41.840] Before he takes you into custody, he has a responsibility to know that you have been...
[01:01:41.840 --> 01:01:54.840] that all of your due process rights have been abided by, because if they haven't, then the arrest is invalid.
[01:01:54.840 --> 01:02:04.840] It's an act of kidnapping, and if he continues to restrict you at your liberty, he becomes equally culpable.
[01:02:04.840 --> 01:02:09.840] We call it the tar baby syndrome.
[01:02:09.840 --> 01:02:16.840] When I go after the magistrate, I mean, the jailer for aggravated kidnapping, he's going to say, what do I do?
[01:02:16.840 --> 01:02:19.840] I didn't do nothing. I just stand here doing my job.
[01:02:19.840 --> 01:02:23.840] I'll say, well, you touched the tar baby, bubba.
[01:02:23.840 --> 01:02:27.840] You might as well have been driving the getaway car.
[01:02:27.840 --> 01:02:38.840] You can whine about it all you want to, but culpability does not go to whether or not you intended to commit a crime.
[01:02:38.840 --> 01:02:45.840] Culpability goes to whether or not you intended the result of your action.
[01:02:45.840 --> 01:02:54.840] In this case, the jailer intended that I be continued in restriction at my liberty,
[01:02:54.840 --> 01:03:00.840] that he didn't know that the restriction was improper.
[01:03:00.840 --> 01:03:06.840] Sorry, bubba. Tell it to the judge or the grand jury. I'm sure they'll be understanding.
[01:03:06.840 --> 01:03:09.840] I was going to say, better yet, tell it to the grand jury.
[01:03:09.840 --> 01:03:19.840] Yeah. So, whether or not I can get a conviction on the jailer, I can charge him.
[01:03:19.840 --> 01:03:27.840] I can present him to a grand jury, and there's nothing they can do about it but not like it.
[01:03:27.840 --> 01:03:29.840] Okay, we'll move on from the jailer.
[01:03:29.840 --> 01:03:40.840] Okay, next step the jailer does is subject you to a number of, a whole routine of treatment.
[01:03:40.840 --> 01:03:49.840] In Williamson County, they would tow you in this cell with no, just concrete floor.
[01:03:49.840 --> 01:03:56.840] Toilet paper became very precious there. It was the only pillow in the place.
[01:03:56.840 --> 01:04:00.840] They had to sleep on a cold concrete floor, and they would come by
[01:04:00.840 --> 01:04:08.840] and do something every couple of hours for a 24-hour period.
[01:04:08.840 --> 01:04:16.840] As long as you did exactly what they said when they said, they treated you very nicely.
[01:04:16.840 --> 01:04:23.840] The first time you objected, even the slightest, they'd land on you like a ton of bricks.
[01:04:23.840 --> 01:04:27.840] They're teaching you to be a nice little sheeple.
[01:04:27.840 --> 01:04:31.840] You will be a good guy, and we will treat you with dignity and respect
[01:04:31.840 --> 01:04:35.840] so long as you bend over and kiss our behind every time we tell you to,
[01:04:35.840 --> 01:04:39.840] without even the slightest hesitation.
[01:04:39.840 --> 01:04:45.840] In Travis County, they were, everybody was pleasant, but then I didn't argue with them,
[01:04:45.840 --> 01:04:47.840] and they throw you in solitary confinement.
[01:04:47.840 --> 01:04:53.840] They throw you in a cell all by yourself with no sensory stimulation of any kind.
[01:04:53.840 --> 01:05:00.840] I don't know which is worse, but all of them set out procedures.
[01:05:00.840 --> 01:05:04.840] Well, at least you could sleep in Travis County.
[01:05:04.840 --> 01:05:06.840] Yeah, Travis County wasn't, as jails go...
[01:05:06.840 --> 01:05:08.840] They won't let you sleep in Williamson County.
[01:05:08.840 --> 01:05:14.840] Yeah, don't eat the food, and the food had a really, really,
[01:05:14.840 --> 01:05:17.840] there was a flavor to it that worried me.
[01:05:17.840 --> 01:05:18.840] MSG?
[01:05:18.840 --> 01:05:19.840] No.
[01:05:19.840 --> 01:05:20.840] I ate a sandwich.
[01:05:20.840 --> 01:05:24.840] When I first got there, they bought me a sandwich, and I ate that thing,
[01:05:24.840 --> 01:05:31.840] and there was some chemical flavor to it, and the pretzels had the same flavor,
[01:05:31.840 --> 01:05:34.840] and that told me they were putting a chemical in there.
[01:05:34.840 --> 01:05:35.840] Yeah, yeah, don't eat it.
[01:05:35.840 --> 01:05:36.840] So the rest of the time...
[01:05:36.840 --> 01:05:37.840] Danger.
[01:05:37.840 --> 01:05:38.840] They'd come by.
[01:05:38.840 --> 01:05:39.840] Danger.
[01:05:39.840 --> 01:05:41.840] Brank pasta, I'll take all that.
[01:05:41.840 --> 01:05:45.840] Danger, Will Robinson, danger, Will Robinson, don't eat the food.
[01:05:45.840 --> 01:05:49.840] But that's punishment, no matter how you slice it up.
[01:05:49.840 --> 01:05:50.840] Yeah, it is.
[01:05:50.840 --> 01:05:56.840] And at this point, not only have I not been convicted of a crime,
[01:05:56.840 --> 01:06:01.840] I haven't been charged with a crime.
[01:06:01.840 --> 01:06:08.840] So they're punishing me prior to being convicted, and that's forbidden by law.
[01:06:08.840 --> 01:06:18.840] Had they taken me directly to a magistrate, and the magistrate found no probable cause,
[01:06:18.840 --> 01:06:22.840] they would not be able to look me.
[01:06:22.840 --> 01:06:24.840] They had to let me go.
[01:06:24.840 --> 01:06:30.840] I mean, that's just common sense.
[01:06:30.840 --> 01:06:32.840] They would have no authority to do anything.
[01:06:32.840 --> 01:06:42.840] So how did they gain authority by committing a felony or a class A misdemeanor,
[01:06:42.840 --> 01:06:46.840] by secreting me from a magistrate?
[01:06:46.840 --> 01:06:47.840] Well, they don't.
[01:06:47.840 --> 01:06:48.840] They just do whatever they want.
[01:06:48.840 --> 01:06:49.840] Yeah, they do whatever they want.
[01:06:49.840 --> 01:06:56.840] The problem I have with me and the people listening is we know what it is.
[01:06:56.840 --> 01:06:59.840] That they committed this criminal act, secreting me from a magistrate,
[01:06:59.840 --> 01:07:04.840] so it would give them opportunity to punish me.
[01:07:04.840 --> 01:07:08.840] And then eventually, they will bring you before a magistrate.
[01:07:08.840 --> 01:07:10.840] In this case, they didn't bring me before a magistrate.
[01:07:10.840 --> 01:07:13.840] They just dumped me out on the street.
[01:07:13.840 --> 01:07:17.840] But in Williamson County, they brought me before this magistrate.
[01:07:17.840 --> 01:07:22.840] And when he called me up there, I said, Your Honor, before you get started,
[01:07:22.840 --> 01:07:23.840] I'd like to ask a question.
[01:07:23.840 --> 01:07:27.840] By now, they've figured out who I am.
[01:07:27.840 --> 01:07:32.840] And the magistrate knows, and he's being real careful.
[01:07:32.840 --> 01:07:36.840] Well, certainly, Mr. Kelton, what's your question?
[01:07:36.840 --> 01:07:43.840] That file you have in front of you, does it have any information about me in there?
[01:07:43.840 --> 01:07:46.840] Well, yes, Mr. Kelton, it does.
[01:07:46.840 --> 01:07:49.840] Where did you get that?
[01:07:49.840 --> 01:07:51.840] And he said, Well, Mr. Kelton, I don't know what you mean.
[01:07:51.840 --> 01:07:53.840] Who gave that to you?
[01:07:53.840 --> 01:07:57.840] And he got this deer in the headlights look.
[01:07:57.840 --> 01:08:00.840] He was an attorney.
[01:08:00.840 --> 01:08:04.840] He knew exactly what I was asking him.
[01:08:04.840 --> 01:08:10.840] How did you manage to get evidence against me outside a proper hearing
[01:08:10.840 --> 01:08:14.840] in a hearing that I wasn't present at?
[01:08:14.840 --> 01:08:15.840] So I said, That's okay.
[01:08:15.840 --> 01:08:18.840] I'll take this up in another forum.
[01:08:18.840 --> 01:08:25.840] So he went on to advise me the charges against me and of the bail that was set.
[01:08:25.840 --> 01:08:29.840] Well, when did he set bail?
[01:08:29.840 --> 01:08:31.840] Did you ask him that?
[01:08:31.840 --> 01:08:35.840] No, I wasn't going to give him any more.
[01:08:35.840 --> 01:08:37.840] I gave him all the fair warning he was going to give.
[01:08:37.840 --> 01:08:39.840] No more heads up for him, huh?
[01:08:39.840 --> 01:08:42.840] Right, that was it.
[01:08:42.840 --> 01:08:45.840] So he had to set bail somewhere.
[01:08:45.840 --> 01:08:49.840] Clearly, it was done before I got there.
[01:08:49.840 --> 01:08:56.840] And since 17.05 says the only time he can set bail is in an examining trial,
[01:08:56.840 --> 01:09:02.840] I'm real curious about when he held that examining trial and who he held it with,
[01:09:02.840 --> 01:09:07.840] because whoever's name is on the criminal complaint gets to go explain it
[01:09:07.840 --> 01:09:10.840] to the grand jury with the magistrate.
[01:09:10.840 --> 01:09:15.840] And then when he was done, he was required to seal all those documents in an envelope
[01:09:15.840 --> 01:09:18.840] because his name would be written across the seal for him to the clerk of the court.
[01:09:18.840 --> 01:09:23.840] Well, that did not happen.
[01:09:23.840 --> 01:09:34.840] If you go to Williamson County to the county clerk and ask for the case file on Randall Kelton,
[01:09:34.840 --> 01:09:38.840] they're not going to have one.
[01:09:38.840 --> 01:09:45.840] So I was arrested, spent 24 hours in jail, and nobody, and posted bail,
[01:09:45.840 --> 01:09:52.840] someone posted bail for me, and nobody ever accused me of the crime.
[01:09:52.840 --> 01:09:54.840] Reason?
[01:09:54.840 --> 01:10:02.840] No, you'd wonder, that act of not forwarding the records to the clerk of the court,
[01:10:02.840 --> 01:10:07.840] that comes under 37.10 penal code.
[01:10:07.840 --> 01:10:14.840] If anyone secrets a government document from the person or agency it is directed to,
[01:10:14.840 --> 01:10:18.840] well, that's the felony we were talking about,
[01:10:18.840 --> 01:10:25.840] that the police officer facilitated when he kidnapped me,
[01:10:25.840 --> 01:10:32.840] brought me to the jail so that the magistrate would have opportunity to commit that felony.
[01:10:32.840 --> 01:10:35.840] They all touched the tar baby.
[01:10:35.840 --> 01:10:41.840] Everything everybody did, everybody gets accused of.
[01:10:41.840 --> 01:10:46.840] Yeah, and let's just go over for a minute here just why it is so important
[01:10:46.840 --> 01:10:50.840] that those documents get to the clerk of the court.
[01:10:50.840 --> 01:10:58.840] It's because that file contains all the original information of why and how you're arrested,
[01:10:58.840 --> 01:11:01.840] or at least as much as possible.
[01:11:01.840 --> 01:11:07.840] The whole point of all this is that you're in the court system,
[01:11:07.840 --> 01:11:12.840] not just simply nothing but a police state.
[01:11:12.840 --> 01:11:15.840] At least we have a remnant of a republic left,
[01:11:15.840 --> 01:11:17.840] or at least there's laws still on the books,
[01:11:17.840 --> 01:11:22.840] and at least there is a courthouse building with people who look like judges or whatever.
[01:11:22.840 --> 01:11:28.840] We're supposed to have a court system so that there is a fair arbitrator,
[01:11:28.840 --> 01:11:33.840] a neutral party so to speak, to weigh the evidence of both sides.
[01:11:33.840 --> 01:11:37.840] If those documents do not make it to the clerk of the court,
[01:11:37.840 --> 01:11:41.840] that means those documents don't make it to the court.
[01:11:41.840 --> 01:11:44.840] That means you don't have a case.
[01:11:44.840 --> 01:11:45.840] That means you're unknown.
[01:11:45.840 --> 01:11:47.840] You're not really in the system.
[01:11:47.840 --> 01:11:49.840] You're not really in the court system, that is,
[01:11:49.840 --> 01:11:52.840] but you sure the heck are in the jail system.
[01:11:52.840 --> 01:11:57.840] That's when you're in the hands of the prosecutor who works for the executive branch.
[01:11:57.840 --> 01:11:59.840] It doesn't work for the court, by the way.
[01:11:59.840 --> 01:12:04.840] Okay, so that's why it is imperative that those documents make it to the clerk of the court.
[01:12:04.840 --> 01:12:05.840] Exactly.
[01:12:05.840 --> 01:12:10.840] I was looking through the court records in Wise County, the county I'm from,
[01:12:10.840 --> 01:12:15.840] and case after case, information deal, information deal.
[01:12:15.840 --> 01:12:19.840] I looked at this one, the deal.
[01:12:19.840 --> 01:12:30.840] He gets out of jail, he gets on probation, he gets a little fine,
[01:12:30.840 --> 01:12:37.840] and he gets 459 days time served.
[01:12:37.840 --> 01:12:40.840] I looked at it and said, say what?
[01:12:40.840 --> 01:12:43.840] That is a long time that's over a year.
[01:12:43.840 --> 01:12:45.840] So I go to the clerk, and I call the clerk over.
[01:12:45.840 --> 01:12:48.840] I said, hey, was this guy ever arrested?
[01:12:48.840 --> 01:12:50.840] And she said, well, I don't know.
[01:12:50.840 --> 01:12:52.840] There's no record of him being arrested.
[01:12:52.840 --> 01:12:54.840] There's no record of him going before a magistrate.
[01:12:54.840 --> 01:12:58.840] Then how in the heck did he do 459 days time served?
[01:12:58.840 --> 01:13:01.840] I'll tell you how he did it.
[01:13:01.840 --> 01:13:05.840] The prosecutor did not want that complaint going to the clerk of the court
[01:13:05.840 --> 01:13:10.840] because that starts speed trial clock.
[01:13:10.840 --> 01:13:16.840] And besides, he's the prosecutor, and he's the one that would have to prosecute,
[01:13:16.840 --> 01:13:21.840] so he should be the one to determine whether or not to pursue prosecution.
[01:13:21.840 --> 01:13:22.840] No, he shouldn't.
[01:13:22.840 --> 01:13:25.840] So you should really send it to me.
[01:13:25.840 --> 01:13:30.840] Well, our founders, they thought of that, and then they thought about it.
[01:13:30.840 --> 01:13:34.840] For about less than a second, I'm sure they thought about it.
[01:13:34.840 --> 01:13:39.840] They realized this is a prescription for disaster.
[01:13:39.840 --> 01:13:43.840] What they realized is that's what they just finished taking up arms over.
[01:13:43.840 --> 01:13:44.840] Exactly.
[01:13:44.840 --> 01:13:49.840] That's what they just finished fighting off the redcoats was for that exact thing.
[01:13:49.840 --> 01:13:54.840] So I don't think that they considered that for very long.
[01:13:54.840 --> 01:13:55.840] They did not consider it long.
[01:13:55.840 --> 01:13:58.840] They knew it was a prescription for disaster.
[01:13:58.840 --> 01:14:02.840] So they did the same thing the Earls did when they drugged the king down
[01:14:02.840 --> 01:14:07.840] to the river and threatened to cut his head off if he didn't sign the Magna Carta.
[01:14:07.840 --> 01:14:10.840] They put magistrates in place.
[01:14:10.840 --> 01:14:17.840] They don't want the prosecuting attorney deciding which cases he wants to prosecute.
[01:14:17.840 --> 01:14:23.840] He is a public servant hired by the people to prosecute cases.
[01:14:23.840 --> 01:14:26.840] He'll prosecute whatever cases we tell him to prosecute.
[01:14:26.840 --> 01:14:27.840] Exactly.
[01:14:27.840 --> 01:14:31.840] Or whichever cases the magistrate finds probable cause on, that's what.
[01:14:31.840 --> 01:14:32.840] Exactly.
[01:14:32.840 --> 01:14:37.840] Now, if he feels that there's insufficient cause to pursue,
[01:14:37.840 --> 01:14:41.840] he has a duty to ensure that justice is served.
[01:14:41.840 --> 01:14:45.840] And he has an option.
[01:14:45.840 --> 01:14:52.840] 3202 Code of Criminal Procedure says a prosecuting attorney may not dismiss a prosecution
[01:14:52.840 --> 01:14:56.840] except by submission of written motion to the court of jurisdiction,
[01:14:56.840 --> 01:15:00.840] laying down calls for said dismissal, and on approval of the presiding judge.
[01:15:00.840 --> 01:15:07.840] It goes on to say a prosecuting attorney may not dismiss a prosecution
[01:15:07.840 --> 01:15:11.840] except by permission of the presiding judge.
[01:15:11.840 --> 01:15:12.840] It says it twice.
[01:15:12.840 --> 01:15:15.840] You will never see that in a statute again.
[01:15:15.840 --> 01:15:20.840] The legislature did not bandy words here.
[01:15:20.840 --> 01:15:25.840] Everybody here has probably heard the term prosecutorial discretion.
[01:15:25.840 --> 01:15:26.840] There's no such thing.
[01:15:26.840 --> 01:15:28.840] Not in Texas.
[01:15:28.840 --> 01:15:32.840] There may be somewhere, but not in Texas.
[01:15:32.840 --> 01:15:34.840] It is specifically forbidden.
[01:15:34.840 --> 01:15:36.840] It shouldn't be anywhere.
[01:15:36.840 --> 01:15:39.840] It's forbidden in two places.
[01:15:39.840 --> 01:15:43.840] 203, 204, 205.
[01:15:43.840 --> 01:15:45.840] Directs prosecuting attorney who's made known his crimes,
[01:15:45.840 --> 01:15:48.840] been committed to reduce complaint from information submitted to the grand jury.
[01:15:48.840 --> 01:15:56.840] If it's a felony, if it's a misdemeanor, he's to prepare an information
[01:15:56.840 --> 01:16:00.840] and file it with the county court,
[01:16:00.840 --> 01:16:06.840] and 205 tells him for both misdemeanor or felony,
[01:16:06.840 --> 01:16:09.840] he's to file a complaint with some magistrate.
[01:16:09.840 --> 01:16:16.840] 203 is one that we'll get to that we use against them.
[01:16:16.840 --> 01:16:22.840] Under duties of officers, 201 is the first duty of any officer that's addressed,
[01:16:22.840 --> 01:16:24.840] and they address the prosecuting attorney first.
[01:16:24.840 --> 01:16:27.840] They say it shall be the primary duty of the prosecuting attorney
[01:16:27.840 --> 01:16:32.840] not to secure conviction, but to ensure that justice is served.
[01:16:32.840 --> 01:16:35.840] Yeah, how many do that?
[01:16:35.840 --> 01:16:37.840] That's just a bunch of high-minded rhetoric.
[01:16:37.840 --> 01:16:39.840] You don't really tell them to do something.
[01:16:39.840 --> 01:16:43.840] As soon as we get back from break, we'll talk about the first thing it does tell them to do.
[01:16:43.840 --> 01:16:45.840] Yeah, it's just the legislature.
[01:16:45.840 --> 01:16:49.840] It's just our law.
[01:16:49.840 --> 01:16:50.840] Okay, we'll be right back.
[01:16:50.840 --> 01:16:58.840] This is the rule of law, and we'll be right back.
[01:16:58.840 --> 01:17:02.840] Are you looking for an investment that has no stock market risk,
[01:17:02.840 --> 01:17:05.840] has a 100% track record of returning profits,
[01:17:05.840 --> 01:17:10.840] is not affected by fluctuations in oil prices and interest rates,
[01:17:10.840 --> 01:17:13.840] is publicly traded and SEC regulated?
[01:17:13.840 --> 01:17:17.840] If this kind of peace of mind is what you have been looking for in an investment,
[01:17:17.840 --> 01:17:20.840] then life settlements is the investment for you.
[01:17:20.840 --> 01:17:26.840] Our annual rate of return has been 15.83% for the last 17 years.
[01:17:26.840 --> 01:17:30.840] Our investments are insurance and banking commission regulated.
[01:17:30.840 --> 01:17:34.840] Our returns are assured by the largest insurance companies.
[01:17:34.840 --> 01:17:40.840] Even qualified retirement plans such as 401Ks and IRAs are eligible for transfer.
[01:17:40.840 --> 01:17:42.840] We charge absolutely no commissions.
[01:17:42.840 --> 01:17:45.840] 100% of your investment goes to work for you.
[01:17:45.840 --> 01:17:55.840] Please visit sleepwellinvestment.com or call Bill Schober at 817-975-2431.
[01:17:55.840 --> 01:18:03.840] That's sleepwellinvestment.com or call 817-975-2431.
[01:18:03.840 --> 01:18:19.840] So now you're police, you got me up against the wall
[01:18:19.840 --> 01:18:24.840] Nowhere to run to, but I never felt so tough
[01:18:24.840 --> 01:18:30.840] You brought your big guns, doesn't bother me at all
[01:18:30.840 --> 01:18:36.840] The harder you will push, the harder you will fall
[01:18:36.840 --> 01:18:42.840] Everybody needs somebody to depend on
[01:18:42.840 --> 01:18:47.840] To help your brother to stand alone
[01:18:47.840 --> 01:18:53.840] Everybody needs somebody to depend on
[01:18:53.840 --> 01:19:00.840] Alright, we are back. The Rule of Law, Randy Kelton and Deborah Stevens here on Rule of Law Radio.
[01:19:00.840 --> 01:19:08.840] And one of our assistant producers here was telling us on the break that this is one for the archives.
[01:19:08.840 --> 01:19:16.840] So yeah, listeners, if you'd like to log in to the archive page, you're welcome to post your own descriptions.
[01:19:16.840 --> 01:19:22.840] In fact, that's why I set it up as a WordPress page and not just a regular HTML document.
[01:19:22.840 --> 01:19:26.840] So that people could actually log in and post descriptions.
[01:19:26.840 --> 01:19:36.840] And I do request that you keep it to descriptions and not extremely long tirades because I'm not going to let that go.
[01:19:36.840 --> 01:19:43.840] We want reasonably lengthed descriptions of the archives posted as comments, so you're welcome to do that.
[01:19:43.840 --> 01:19:51.840] And we would appreciate it because I don't have so much time and documenting the archives is something that's just a little bit lower on the back burner for me
[01:19:51.840 --> 01:19:55.840] as far as the infrastructure and everything that needs to be done.
[01:19:55.840 --> 01:20:02.840] But at any rate, in the meantime, what we were talking about is telling the prosecutor what to do.
[01:20:02.840 --> 01:20:08.840] And just exactly what it is that he's supposed to do by law. So, Randy, go ahead.
[01:20:08.840 --> 01:20:18.840] Yes, the prosecutor gives legal advice to the police and the inferior courts.
[01:20:18.840 --> 01:20:28.840] And he's advised them, the magistrate, that what you're doing is a magistration.
[01:20:28.840 --> 01:20:34.840] And when you're done with that magistration, why, just give all them records back to the jailer,
[01:20:34.840 --> 01:20:43.840] and he'll give them to me so I can go over them and make sure that this is a case we can actually get a conviction on.
[01:20:43.840 --> 01:20:49.840] But he really doesn't care whether there is sufficient probable cause to get a conviction or not.
[01:20:49.840 --> 01:20:51.840] He's not the least bit interested.
[01:20:51.840 --> 01:20:52.840] No, he's not.
[01:20:52.840 --> 01:20:58.840] The reason he wants that case is he doesn't want it to show up in the court record.
[01:20:58.840 --> 01:21:03.840] This kid that got 459 days' time served, he went before the magistrate.
[01:21:03.840 --> 01:21:10.840] The magistrate found probable cause as a matter of course, rubber stamp, and the kid couldn't make bail.
[01:21:10.840 --> 01:21:15.840] They threw him in jail, and he fell through the cracks.
[01:21:15.840 --> 01:21:18.840] They just forgot about him.
[01:21:18.840 --> 01:21:24.840] Or he was innocent and refused to make a deal.
[01:21:24.840 --> 01:21:26.840] I think it's probably more the latter.
[01:21:26.840 --> 01:21:30.840] And it took a year and a half before he finally knuckled under.
[01:21:30.840 --> 01:21:32.840] Oh, that's too bad.
[01:21:32.840 --> 01:21:34.840] That's why they do this.
[01:21:34.840 --> 01:21:38.840] They don't want those records showing up with the clerk of the court.
[01:21:38.840 --> 01:21:41.840] The kid sat in jail in legal limbo.
[01:21:41.840 --> 01:21:44.840] Years ago, I had a sheriff's deputy try to kill me.
[01:21:44.840 --> 01:21:48.840] Couldn't get it done, and the fight was on.
[01:21:48.840 --> 01:21:55.840] Well, they changed the court dates on me without telling me this is one of the tricks they do
[01:21:55.840 --> 01:21:59.840] so they could get me in jail to put the pressure on me to get me to make a deal.
[01:21:59.840 --> 01:22:05.840] Well, I was in there with this kid who had been in jail for 39 days for stealing a hat from Walmart.
[01:22:05.840 --> 01:22:07.840] He was another that fell through the cracks.
[01:22:07.840 --> 01:22:09.840] Maybe his head was cold.
[01:22:09.840 --> 01:22:12.840] Yeah, he was a moron.
[01:22:12.840 --> 01:22:14.840] I said, did you steal that hat?
[01:22:14.840 --> 01:22:16.840] He said, yeah, I did.
[01:22:16.840 --> 01:22:21.840] Well, when they realized you stole it and told you to bring it back,
[01:22:21.840 --> 01:22:24.840] why didn't you just pitch it in the door and run?
[01:22:24.840 --> 01:22:29.840] Well, I wanted it.
[01:22:29.840 --> 01:22:32.840] Well, he was not a brain searcher.
[01:22:32.840 --> 01:22:34.840] Oh, my goodness.
[01:22:34.840 --> 01:22:36.840] I wanted it.
[01:22:36.840 --> 01:22:44.840] He called a friend and had him download a request for court-appointed counsel,
[01:22:44.840 --> 01:22:50.840] and he brought it down to the jail and had asked for this kid, and the kid came out and signed it.
[01:22:50.840 --> 01:22:58.840] He took it to the clerk of the court to file it, and the clerk said, why can't you file this?
[01:22:58.840 --> 01:23:00.840] He said, why not? The kid's over in jail.
[01:23:00.840 --> 01:23:05.840] He said, she said, I don't have a file on him.
[01:23:05.840 --> 01:23:07.840] Oh, that's maddening.
[01:23:07.840 --> 01:23:11.840] He's in legal limbo.
[01:23:11.840 --> 01:23:15.840] How would you define a police state?
[01:23:15.840 --> 01:23:24.840] In the United States, the United States has about 4% of the world's total population.
[01:23:24.840 --> 01:23:30.840] We house 50% of the world's population of inmates.
[01:23:30.840 --> 01:23:34.840] How would you define a police state?
[01:23:34.840 --> 01:23:40.840] And it's getting worse, too, because they're bringing the military into the situation, too.
[01:23:40.840 --> 01:23:44.840] It's getting to the point where it's a martial law state, not just a police state.
[01:23:44.840 --> 01:23:53.840] Well, the problem they have is their clock is run down, and we're about to wind it for them.
[01:23:53.840 --> 01:24:02.840] If we can get everybody out there listening or one in a hundred out there listening to pick up this gauntlet,
[01:24:02.840 --> 01:24:10.840] start filing against these officers and prosecutors and judges for the crimes they're committing,
[01:24:10.840 --> 01:24:16.840] all of this will change, and it will change quickly.
[01:24:16.840 --> 01:24:20.840] Let me go back to get all the pieces in place.
[01:24:20.840 --> 01:24:24.840] The prosecutor has advised that magistrate to send the records to him,
[01:24:24.840 --> 01:24:31.840] and the way he got there was he told the magistrate the magistrate was doing a magistration.
[01:24:31.840 --> 01:24:36.840] If you type magistration into Microsoft Word, it puts a red line under it.
[01:24:36.840 --> 01:24:38.840] It doesn't recognize it.
[01:24:38.840 --> 01:24:40.840] Well, I don't either.
[01:24:40.840 --> 01:24:43.840] I can't find it anywhere in law.
[01:24:43.840 --> 01:24:49.840] I can find an examining trial, but I can't find a magistration.
[01:24:49.840 --> 01:24:59.840] If the magistrate knew that he was doing an examining trial, then he would know that 17.30 applied.
[01:24:59.840 --> 01:25:07.840] But prosecutors claim that in a misdemeanor, you don't have a right to an examining trial,
[01:25:07.840 --> 01:25:13.840] and if you're indicted, you don't have a right to an examining trial.
[01:25:13.840 --> 01:25:17.840] That's because you already had one, or you should have already had one.
[01:25:17.840 --> 01:25:24.840] Right. You see, the thing he doesn't tell the magistrate is when you are arrested.
[01:25:24.840 --> 01:25:25.840] That's when you get one.
[01:25:25.840 --> 01:25:30.840] Yes, an examining trial always attaches.
[01:25:30.840 --> 01:25:33.840] Immediately, I might add, on top of that.
[01:25:33.840 --> 01:25:43.840] That's what 14.06 was about, and that's what Chapter 16, a whole chapter, guys, that's what it's for,
[01:25:43.840 --> 01:25:47.840] to make sure you're not restricted at your liberty without cause.
[01:25:47.840 --> 01:25:52.840] I wonder, Randy, if there's any way that we could look up into, like, ancient court records.
[01:25:52.840 --> 01:25:59.840] I don't know how far back we'd have to go to find out if there ever actually was a time here in Texas
[01:25:59.840 --> 01:26:03.840] that people really were brought directly to magistrates when they were arrested.
[01:26:03.840 --> 01:26:08.840] You betcha. Heath Boyd, 1921 case.
[01:26:08.840 --> 01:26:13.840] 1921, okay. I wonder if what's the most recent case.
[01:26:13.840 --> 01:26:25.840] There are other cases that still come up that Heath Boyd is, it's been, if you jeopardize it, it comes up with several thousand hits.
[01:26:25.840 --> 01:26:34.840] Well, the reason I'm asking this is because I would like to do a statistical analysis on the court records of Texas at some point.
[01:26:34.840 --> 01:26:40.840] This is going to be my next project, one of my next projects coming up in this next year,
[01:26:40.840 --> 01:26:45.840] where I want to do a statistical analysis on the court records of Texas.
[01:26:45.840 --> 01:26:52.840] I do have a degree in math, by the way, so I'm a qualified individual to run a statistical analysis on this situation.
[01:26:52.840 --> 01:26:59.840] I want to find the trend here of when it starts, like, is it a slow downward curve,
[01:26:59.840 --> 01:27:05.840] or was there like a plummeting factor when somebody came into office one year,
[01:27:05.840 --> 01:27:15.840] or what the deal is as far as when this section of the Code of Criminal Procedure was abandoned, okay, as far as taking people directly to magistrates.
[01:27:15.840 --> 01:27:17.840] This started after World War II.
[01:27:17.840 --> 01:27:18.840] Okay.
[01:27:18.840 --> 01:27:24.840] We got, we went into a period of economic affluence.
[01:27:24.840 --> 01:27:27.840] People are doing well, and things are going good.
[01:27:27.840 --> 01:27:32.840] When things are going good, we don't pay attention to minor stuff.
[01:27:32.840 --> 01:27:34.840] Oh, yeah, real minor.
[01:27:34.840 --> 01:27:36.840] Well, it didn't start out.
[01:27:36.840 --> 01:27:39.840] Restricting people at their liberties, real minor.
[01:27:39.840 --> 01:27:52.840] This came about through a series of seemingly minor adjustments toward adjudicated expediency and just efficiency.
[01:27:52.840 --> 01:28:04.840] Well, things go a little better if the magistrate doesn't spend too much time trying to figure out all the legal ramifications of the allegations.
[01:28:04.840 --> 01:28:06.840] The battery of the prosecutor should do that.
[01:28:06.840 --> 01:28:11.840] So somebody decided to just start breaking the law because it was easier for them.
[01:28:11.840 --> 01:28:14.840] Yeah, nobody raised a red flag.
[01:28:14.840 --> 01:28:18.840] Nobody who had their liberties restricted was upset about this?
[01:28:18.840 --> 01:28:20.840] Well, they didn't count.
[01:28:20.840 --> 01:28:24.840] But did they raise an objection?
[01:28:24.840 --> 01:28:31.840] Well, 90% of the people who get arrested for crime are criminals.
[01:28:31.840 --> 01:28:39.840] But still, they should raise an objection if their rights aren't being respected.
[01:28:39.840 --> 01:28:46.840] Like 90% of the crime is done by 6% of the people.
[01:28:46.840 --> 01:28:53.840] They're not going to complain because the deal makes life easier for them.
[01:28:53.840 --> 01:28:56.840] They know how to work the deal.
[01:28:56.840 --> 01:29:02.840] The only one who's going to complain is the guy who's not guilty.
[01:29:02.840 --> 01:29:07.840] And that's just a small percentage of the people that these guys deal with all the time.
[01:29:07.840 --> 01:29:10.840] We feel like it's more because it's us.
[01:29:10.840 --> 01:29:17.840] What we don't realize is that policeman spends most of his time dealing with the same guys over and over.
[01:29:17.840 --> 01:29:21.840] And they're really mostly lowlifes.
[01:29:21.840 --> 01:29:24.840] And nothing they say has any meaning.
[01:29:24.840 --> 01:29:26.840] They'll say anything to achieve their purpose.
[01:29:26.840 --> 01:29:31.840] And the police get kind of immune to us.
[01:29:31.840 --> 01:29:34.840] And they stop one of us and they think we're one of them.
[01:29:34.840 --> 01:29:36.840] Well, we're not.
[01:29:36.840 --> 01:29:38.840] It's time we reminded them.
[01:29:38.840 --> 01:29:39.840] Yeah, really.
[01:29:39.840 --> 01:29:42.840] I'm going to try to move ahead a little more quickly.
[01:29:42.840 --> 01:29:43.840] It's about an hour and a half.
[01:29:43.840 --> 01:29:44.840] I've got a long way to go.
[01:29:44.840 --> 01:29:45.840] Okay.
[01:29:45.840 --> 01:29:46.840] All right.
[01:29:46.840 --> 01:29:47.840] Callers, just hang out.
[01:29:47.840 --> 01:29:51.840] We'll be with you probably before the end of the hour.
[01:29:51.840 --> 01:29:57.840] This is the Rule of Law on Rule of Law Radio.
[01:29:57.840 --> 01:29:59.840] Gold prices are at historic highs.
[01:29:59.840 --> 01:30:02.840] And with the recent pullback, this is a great time to buy.
[01:30:02.840 --> 01:30:06.840] With the value of the dollar, risks of inflation, geopolitical uncertainties,
[01:30:06.840 --> 01:30:10.840] and instability in world financial systems, I see gold going up much higher.
[01:30:10.840 --> 01:30:13.840] Hi, I'm Tim Fry at Roberts & Roberts Brokerage.
[01:30:13.840 --> 01:30:17.840] Everybody should have some of their assets in investment-grade precious metals.
[01:30:17.840 --> 01:30:21.840] At Roberts & Roberts Brokerage, you can buy gold, silver, and platinum with confidence
[01:30:21.840 --> 01:30:26.840] from a brokerage that's specialized in the precious metals market since 1977.
[01:30:26.840 --> 01:30:30.840] If you are new to precious metals, we will happily provide you with the information
[01:30:30.840 --> 01:30:34.840] you need to make an informed decision whether or not you choose to purchase from us.
[01:30:34.840 --> 01:30:39.840] Also, Roberts & Roberts Brokerage values your privacy and will always advise you
[01:30:39.840 --> 01:30:42.840] in the event that we would be required to report any transaction.
[01:30:42.840 --> 01:30:45.840] If you have gold, silver, or platinum you'd like to sell,
[01:30:45.840 --> 01:30:47.840] we can convert it for immediate payment.
[01:30:47.840 --> 01:30:51.840] Call us at 800-874-9760.
[01:30:51.840 --> 01:30:57.840] We're Roberts & Roberts Brokerage, 800-874-9760.
[01:30:57.840 --> 01:31:04.840] Thank you.
[01:31:27.840 --> 01:31:34.840] Thank you.
[01:31:57.840 --> 01:32:10.840] Okay, we're back.
[01:32:10.840 --> 01:32:13.840] The rule of law, Randy Kelton and Deborah Stevens.
[01:32:13.840 --> 01:32:17.840] Okay, so Randy, how are we going to sting these guys?
[01:32:17.840 --> 01:32:19.840] Let's get it on. Let's get on with it.
[01:32:19.840 --> 01:32:25.840] Okay, I hope it's clear now that nobody's on your side.
[01:32:25.840 --> 01:32:29.840] We were talking about the prosecutor, the duty of the prosecuting attorney.
[01:32:29.840 --> 01:32:36.840] The first statute under duties of officers tells the prosecuting attorney that he will,
[01:32:36.840 --> 01:32:41.840] it's his duty not to secure conviction but to ensure that justice is served.
[01:32:41.840 --> 01:32:44.840] He won't see secret witnesses or evidence that may show the innocence of the accused
[01:32:44.840 --> 01:32:46.840] or mitigate the guilt of the accused.
[01:32:46.840 --> 01:32:52.840] Well, that's not as high-minded rhetoric, but it really doesn't tell him to do anything.
[01:32:52.840 --> 01:32:57.840] 2.02 tells the prosecutor what kind of cases he will handle.
[01:32:57.840 --> 01:33:00.840] Criminal cases and suits against the county.
[01:33:00.840 --> 01:33:06.840] 2.03, the first one that places a specific duty on a prosecuting attorney.
[01:33:06.840 --> 01:33:10.840] It says, and I'm paraphrasing because it's kind of wordy,
[01:33:10.840 --> 01:33:16.840] when a prosecuting attorney is made known in any manner that a public official has violated a law relating to his office,
[01:33:16.840 --> 01:33:20.840] he shall reduce complaint from information submitted to the grand jury.
[01:33:20.840 --> 01:33:24.840] Used to say forthwith, but they took that out.
[01:33:24.840 --> 01:33:32.840] Only case on point, Miller v. State, 20 people arrested, Class C misdemeanor gambling,
[01:33:32.840 --> 01:33:38.840] one person prosecuted, convicted, fifth point of appeal, selective prosecution.
[01:33:38.840 --> 01:33:40.840] The court held.
[01:33:40.840 --> 01:33:45.840] Since no other litigant was similarly situated as the high sheriff of Brazos County,
[01:33:45.840 --> 01:33:52.840] the prosecuting attorney was without discretion. He must present.
[01:33:52.840 --> 01:33:57.840] So clearly, in the case of an allegation against a public official,
[01:33:57.840 --> 01:34:03.840] the prosecuting attorney has no discretion, and that's as it should be.
[01:34:03.840 --> 01:34:11.840] Prosecuting attorneys should never be put in a position to determine whether or not to present someone he works with.
[01:34:11.840 --> 01:34:17.840] People he knows and deals with every day, he should not be put in that position, and he is not.
[01:34:17.840 --> 01:34:24.840] I had a prosecutor in Denton County read it, and he said, well, that takes us off the dime.
[01:34:24.840 --> 01:34:27.840] Exactly. You just give it to the grand jury.
[01:34:27.840 --> 01:34:29.840] Let them decide what to do with it.
[01:34:29.840 --> 01:34:34.840] Ninety percent of the time, they're not going to prosecute unless the guy is really a horrendous criminal.
[01:34:34.840 --> 01:34:36.840] Well, that's as it should be.
[01:34:36.840 --> 01:34:38.840] That's what the grand jury is set up for.
[01:34:38.840 --> 01:34:43.840] The grand jury is the entity that decides whether somebody should be prosecuted or not.
[01:34:43.840 --> 01:34:45.840] Gee, what a novel concept.
[01:34:45.840 --> 01:34:49.840] Yeah, well, that's what I said, but we have a good body of law.
[01:34:49.840 --> 01:34:55.840] Our legislators, over a period of a couple hundred years, they thought of most of these things.
[01:34:55.840 --> 01:35:00.840] They've come across these situations, and they worked out ways of handling them.
[01:35:00.840 --> 01:35:06.840] Well, yeah, and the whole grand jury thing, that's been thought about first since the 1200s.
[01:35:06.840 --> 01:35:18.840] Yes, and 204-205 says essentially the same thing, except it addresses charges against non-public officials,
[01:35:18.840 --> 01:35:22.840] and it addresses felonies and misdemeanors.
[01:35:22.840 --> 01:35:25.840] In the case of public officials, they all go to the grand jury.
[01:35:25.840 --> 01:35:30.840] The case on point was a Class C misdemeanor went to the grand jury.
[01:35:30.840 --> 01:35:33.840] So 204-205 tells the prosecutor the same thing.
[01:35:33.840 --> 01:35:38.840] He has to present it to the grand jury, that he has to reduce the jury information and submit it to the court.
[01:35:38.840 --> 01:35:47.840] He don't have authority to determine whether or not he wants to do his job if he doesn't feel like it.
[01:35:47.840 --> 01:35:51.840] He gave that up when he decided to take the job.
[01:35:51.840 --> 01:35:53.840] Exactly.
[01:35:53.840 --> 01:35:55.840] So this is what they're doing.
[01:35:55.840 --> 01:35:58.840] Now, if you have an attorney that's been appointed for you, we talked about that.
[01:35:58.840 --> 01:36:01.840] He's not going to fight for you.
[01:36:01.840 --> 01:36:03.840] He doesn't dare.
[01:36:03.840 --> 01:36:06.840] And the judge, he don't care.
[01:36:06.840 --> 01:36:09.840] He's got hundreds of cases in front of him.
[01:36:09.840 --> 01:36:14.840] They've got to do something to clear the caseload.
[01:36:14.840 --> 01:36:19.840] But denied due process is not one of those things they can do, so how do we fix it?
[01:36:19.840 --> 01:36:26.840] Well, it's my position that the problem is not the police officer.
[01:36:26.840 --> 01:36:29.840] They're caught in this trap.
[01:36:29.840 --> 01:36:32.840] Most police officers want to be good police officers.
[01:36:32.840 --> 01:36:36.840] They get into the business and they find out it's a horrible mess.
[01:36:36.840 --> 01:36:38.840] It's not anything like they thought it was.
[01:36:38.840 --> 01:36:47.840] And there's a small percentage that are wackos, that are psychopaths, people with no empathy in them.
[01:36:47.840 --> 01:36:51.840] And they're the ones everybody notices.
[01:36:51.840 --> 01:36:53.840] So they make everybody look bad.
[01:36:53.840 --> 01:36:56.840] Most of the police are good policemen.
[01:36:56.840 --> 01:37:02.840] And when a policeman stops you and he's polite and he's professional, you don't really pay, you know,
[01:37:02.840 --> 01:37:05.840] you thank him and you go and you forget about him.
[01:37:05.840 --> 01:37:08.840] The one who's not, you always remember.
[01:37:08.840 --> 01:37:13.840] So our impression of policemen tends to be the bad ones.
[01:37:13.840 --> 01:37:18.840] To quote Mark Antony.
[01:37:18.840 --> 01:37:26.840] His soliloquy, I come to bury Caesar not to praise him.
[01:37:26.840 --> 01:37:29.840] The bad men do live after them.
[01:37:29.840 --> 01:37:32.840] The good is often turd with their bones.
[01:37:32.840 --> 01:37:34.840] And that's the position they get in.
[01:37:34.840 --> 01:37:38.840] Prosecutors, you know, they get out of law school.
[01:37:38.840 --> 01:37:39.840] They know a whole lot about law.
[01:37:39.840 --> 01:37:42.840] They don't know squat about practice of law.
[01:37:42.840 --> 01:37:47.840] That's why they call it practice, because they get out and actually do law.
[01:37:47.840 --> 01:37:49.840] They don't know how to file a motion.
[01:37:49.840 --> 01:37:51.840] They never learned that in law school.
[01:37:51.840 --> 01:37:54.840] That's why they call it practice.
[01:37:54.840 --> 01:37:55.840] I was always wondering.
[01:37:55.840 --> 01:37:59.840] So they just know that they don't know what the heck they're doing.
[01:37:59.840 --> 01:38:00.840] They get out.
[01:38:00.840 --> 01:38:01.840] They know nothing.
[01:38:01.840 --> 01:38:05.840] You know, they know about law, general principles, but they don't know how to practice law.
[01:38:05.840 --> 01:38:10.840] They go to work for a law firm and the law firm shows them how it's done.
[01:38:10.840 --> 01:38:17.840] Or if the guys had too much fun in law school and didn't pass real high up in his class
[01:38:17.840 --> 01:38:21.840] and it took him a couple of times to pass the bar, no reputable law firm will hire him.
[01:38:21.840 --> 01:38:27.840] They want him to go out and get some experience and show he can perform before they'll take him on.
[01:38:27.840 --> 01:38:32.840] So he either goes down to court and sits in the court and gets appointed to represent people,
[01:38:32.840 --> 01:38:34.840] or he goes to work for a prosecutor's office.
[01:38:34.840 --> 01:38:38.840] And the prosecutor's office shows him how things are done.
[01:38:38.840 --> 01:38:39.840] He didn't make this stuff up.
[01:38:39.840 --> 01:38:42.840] He just fell into it.
[01:38:42.840 --> 01:38:46.840] The problem is so big, nobody did it.
[01:38:46.840 --> 01:38:48.840] No one person did it.
[01:38:48.840 --> 01:38:55.840] It's just a series of seemingly minor adjustments to administrative convenience and adjudicative expediency.
[01:38:55.840 --> 01:39:00.840] Well, it seems pretty obvious to me that the executive branch was the perps from the beginning,
[01:39:00.840 --> 01:39:05.840] high up, the prosecutors, because they're the ones that benefit from it.
[01:39:05.840 --> 01:39:09.840] Still, they're just doing the natural things that humans do.
[01:39:09.840 --> 01:39:12.840] They make life easier for themselves.
[01:39:12.840 --> 01:39:14.840] They are not the problem.
[01:39:14.840 --> 01:39:21.840] Your attorney, who will take your money and then not protect your rights, he's not the problem.
[01:39:21.840 --> 01:39:24.840] The judge is the problem.
[01:39:24.840 --> 01:39:30.840] It was his duty to make sure everybody else did their duty, and he's not doing his duty.
[01:39:30.840 --> 01:39:32.840] So how do we get to it?
[01:39:32.840 --> 01:39:33.840] How do we get him?
[01:39:33.840 --> 01:39:37.840] We get the judge properly adjudicating law.
[01:39:37.840 --> 01:39:40.840] All this other stuff takes care of itself.
[01:39:40.840 --> 01:39:44.840] So how do we get the judge's attention?
[01:39:44.840 --> 01:39:46.840] I got a couple of ways.
[01:39:46.840 --> 01:39:49.840] One thing is I like to go down to the jail.
[01:39:49.840 --> 01:40:00.840] You see, if you got charges against you and your liberty is at risk, be careful with these tactics.
[01:40:00.840 --> 01:40:06.840] I use them because I've done it a lot, and I know the due process frontwards and backwards.
[01:40:06.840 --> 01:40:10.840] If you don't, they'll swallow you.
[01:40:10.840 --> 01:40:19.840] I suggest that people who don't have a charge against them at the moment, whose liberty is not at stake,
[01:40:19.840 --> 01:40:21.840] go down and start a fight.
[01:40:21.840 --> 01:40:26.840] I go down and ask to see the morning Magistration hearing, and they say,
[01:40:26.840 --> 01:40:30.840] every place I went said the same thing, oh, you can't see that.
[01:40:30.840 --> 01:40:35.840] We hold that deep in the jail, and you would be a security risk.
[01:40:35.840 --> 01:40:37.840] I tell them, no problem.
[01:40:37.840 --> 01:40:39.840] Hold it somewhere else.
[01:40:39.840 --> 01:40:42.840] I'm here, and I want to watch.
[01:40:42.840 --> 01:40:48.840] In Johnson County, the lieutenant asked me if he could ask me why I wanted to see that.
[01:40:48.840 --> 01:40:50.840] I tell him, sure, no problem.
[01:40:50.840 --> 01:40:54.840] Entertainment, it is my form of entertainment.
[01:40:54.840 --> 01:40:58.840] It's none of your business why I want to see it.
[01:40:58.840 --> 01:41:05.840] Why I really wanted to see it, I didn't tell him, was that if the judge doesn't let me see it,
[01:41:05.840 --> 01:41:09.840] that's a Class A misdemeanor, official oppression, criminal violation,
[01:41:09.840 --> 01:41:15.840] 1.24 Code of Criminal Procedure, which says all courts shall be public.
[01:41:15.840 --> 01:41:16.840] He denied me my public court.
[01:41:16.840 --> 01:41:19.840] Did I mean it right?
[01:41:19.840 --> 01:41:21.840] It's official oppression.
[01:41:21.840 --> 01:41:32.840] If he did let me see it, I would see that he has already set bail when a person walked in front of him.
[01:41:32.840 --> 01:41:34.840] He did that in an ex parte hearing.
[01:41:34.840 --> 01:41:36.840] That's official oppression.
[01:41:36.840 --> 01:41:41.840] And then I will leave that hearing and go to the clerk of the court in a week
[01:41:41.840 --> 01:41:47.840] and look for the records of the magistrations he did, and I won't find them there.
[01:41:47.840 --> 01:41:49.840] That's a felony.
[01:41:49.840 --> 01:41:52.840] And I would file it on him.
[01:41:52.840 --> 01:41:59.840] So he's in a pickle no matter how he does it, unless he follows law.
[01:41:59.840 --> 01:42:01.840] If he follows the law, he's got no problem.
[01:42:01.840 --> 01:42:06.840] We were in Victoria, Texas, and I'm looking for missing records.
[01:42:06.840 --> 01:42:08.840] And I went to the clerk of the court, and they didn't have these records,
[01:42:08.840 --> 01:42:12.840] and they said, oh, well, the magistrate keeps those records.
[01:42:12.840 --> 01:42:22.840] And I was there with a friend of mine from Victoria and went to the magistrate looking for these records.
[01:42:22.840 --> 01:42:28.840] And he said, well, we have those records, but you can't see them.
[01:42:28.840 --> 01:42:31.840] Yes, I can.
[01:42:31.840 --> 01:42:38.840] Well, no, because we're going to a paperless court, so we destroyed them all.
[01:42:38.840 --> 01:42:42.840] I said, well, did you send a copy to the clerk of the court?
[01:42:42.840 --> 01:42:43.840] He said, well, no.
[01:42:43.840 --> 01:42:49.840] I said, well, then if you had those records to the exclusion of the court, that's a felony.
[01:42:49.840 --> 01:42:50.840] Well, how is that?
[01:42:50.840 --> 01:42:55.840] I said, well, 1730 tells you to seal all those documents and send them to the clerk of the court.
[01:42:55.840 --> 01:42:57.840] He said, well, Mr. Kelton, I was just reading the Code of Criminal Procedure,
[01:42:57.840 --> 01:42:59.840] and I don't think you're right.
[01:42:59.840 --> 01:43:01.840] I said, well, sir, have you got a copy?
[01:43:01.840 --> 01:43:03.840] I certainly have.
[01:43:03.840 --> 01:43:06.840] And he goes and gets his copy, and we go into his courtroom.
[01:43:06.840 --> 01:43:09.840] He's got a big table there, and we sit down across from each other,
[01:43:09.840 --> 01:43:15.840] and he starts reading under certification of records.
[01:43:15.840 --> 01:43:23.840] It says after an examination, the court shall certify all proceedings had,
[01:43:23.840 --> 01:43:28.840] and the court shall seal all documents had in the hearing.
[01:43:28.840 --> 01:43:33.840] And he's reading it real cocky at first, but when he got to that part, he started slowing down,
[01:43:33.840 --> 01:43:39.840] and about halfway through, he read it to himself.
[01:43:39.840 --> 01:43:45.840] Me and Jerry are looking at each other, grins all over our faces.
[01:43:45.840 --> 01:43:53.840] When he got through, he said, oh, well, I'll have to look into this.
[01:43:53.840 --> 01:43:55.840] Yeah, I guess so.
[01:43:55.840 --> 01:43:57.840] That's a good idea, Bubba.
[01:43:57.840 --> 01:43:59.840] You've got a problem.
[01:43:59.840 --> 01:44:03.840] They do have a problem, and we need to take them to task for it.
[01:44:03.840 --> 01:44:08.840] I like to file criminal charges against them for the teensiest,
[01:44:08.840 --> 01:44:13.840] teensiest little things I can find.
[01:44:13.840 --> 01:44:16.840] Oh, you rolled through the stop sign.
[01:44:16.840 --> 01:44:19.840] You didn't come to an absolute complete halt.
[01:44:19.840 --> 01:44:26.840] You slowed down from 40 miles an hour to 1.5 miles an hour,
[01:44:26.840 --> 01:44:30.840] but you did not precisely completely stop.
[01:44:30.840 --> 01:44:33.840] So I'm going to write you a ticket.
[01:44:33.840 --> 01:44:35.840] Fair is fair.
[01:44:35.840 --> 01:44:40.840] The law said you were supposed to do certain things, and you didn't do those things.
[01:44:40.840 --> 01:44:45.840] This lieutenant who had the judge, told me the judge said it was her courtroom,
[01:44:45.840 --> 01:44:47.840] and I wasn't going in it.
[01:44:47.840 --> 01:44:53.840] I told him, now, lieutenant, I asked the lieutenant to go back there and arrest the judge,
[01:44:53.840 --> 01:44:57.840] and if you can imagine this, he wouldn't do it.
[01:44:57.840 --> 01:45:02.840] Even when I asked him to take his chicken suit off, he still wouldn't go do it.
[01:45:02.840 --> 01:45:12.840] So I told him, lieutenant, it's entirely possible that I will be making some really ugly-sounding allegations against you,
[01:45:12.840 --> 01:45:15.840] and I hope you don't take that personal.
[01:45:15.840 --> 01:45:18.840] He said, you're going to file charges against me?
[01:45:18.840 --> 01:45:21.840] Well, why me?
[01:45:21.840 --> 01:45:24.840] Because he wouldn't take the chicken suit off, that's why.
[01:45:24.840 --> 01:45:25.840] Well, I told him.
[01:45:25.840 --> 01:45:26.840] I said, don't worry about it.
[01:45:26.840 --> 01:45:28.840] I'm not really after you.
[01:45:28.840 --> 01:45:29.840] He said, you're not after me?
[01:45:29.840 --> 01:45:30.840] Oh, no.
[01:45:30.840 --> 01:45:31.840] I said, well, who are you after?
[01:45:31.840 --> 01:45:33.840] I'm after the district judge.
[01:45:33.840 --> 01:45:36.840] Then why are you going to file against me?
[01:45:36.840 --> 01:45:39.840] Well, you're convenient.
[01:45:39.840 --> 01:45:43.840] He said, you're going to file criminal charges against me because I'm convenient?
[01:45:43.840 --> 01:45:45.840] Yeah, that's about the size of it.
[01:45:45.840 --> 01:45:47.840] And because he wouldn't take the chicken suit off.
[01:45:47.840 --> 01:45:50.840] Yeah, he wouldn't take his chicken suit off.
[01:45:50.840 --> 01:45:51.840] He doesn't spotty him.
[01:45:51.840 --> 01:45:55.840] I get to tell him this right in his face.
[01:45:55.840 --> 01:46:00.840] And all he can do is say, yes, sir, Mr. Kelton, no, sir, Mr. Kelton.
[01:46:00.840 --> 01:46:02.840] And I did file charges against him.
[01:46:02.840 --> 01:46:13.840] And when the prosecutor wouldn't give the charges to the grand jury, I filed against the prosecutor, and that's what I really wanted.
[01:46:13.840 --> 01:46:14.840] I didn't care about that officer.
[01:46:14.840 --> 01:46:17.840] I didn't care about that judge who wouldn't let me see that hearing.
[01:46:17.840 --> 01:46:20.840] I wanted the district attorney.
[01:46:20.840 --> 01:46:27.840] And when the district attorney refused to give the complaints to the grand jury, I take complaints against him to the district judge.
[01:46:27.840 --> 01:46:33.840] And when the district judge refuses to perform his duty as a magistrate, now I got the one I want.
[01:46:33.840 --> 01:46:39.840] You file against the district judge, and everybody hits the road.
[01:46:39.840 --> 01:46:43.840] Nobody wants anything to do with you at this point.
[01:46:43.840 --> 01:46:51.840] And by the time you get to the district judge, they're going to realize this guy set us up.
[01:46:51.840 --> 01:46:52.840] Too late.
[01:46:52.840 --> 01:46:54.840] Sorry, Bubba.
[01:46:54.840 --> 01:46:55.840] Too late.
[01:46:55.840 --> 01:46:57.840] I want to be like Ken Magnuson.
[01:46:57.840 --> 01:47:07.840] He's sitting in court, and the judge rules against him, and he hands the judge a motion based on the ruling that the judge just made.
[01:47:07.840 --> 01:47:15.840] The judge looked at him and said, well, Mr. Magnuson, it seems you were a step ahead of me, and Ken held up three fingers.
[01:47:15.840 --> 01:47:18.840] Yeah, Bubba, we're ready for you.
[01:47:18.840 --> 01:47:24.840] When they realize you're ready for them, that's when they really start to get worried.
[01:47:24.840 --> 01:47:36.840] And once you get past the guy on the bottom, once you get to the district attorney he's the best one to get to and start kicking him around, everybody else backs away from you.
[01:47:36.840 --> 01:47:49.840] If you have police harassing you, go file a complaint with the district judge, and he's going to refuse to take it and then file criminal charges against the district judge.
[01:47:49.840 --> 01:47:55.840] Your harassment from the police will stop immediately.
[01:47:55.840 --> 01:47:58.840] I'll give you an example.
[01:47:58.840 --> 01:48:04.840] I'm doing a little plastic welding on a tank next to my house, and I live next door to City Hall.
[01:48:04.840 --> 01:48:15.840] We had a fire ban on, and this policeman who had a new policeman that didn't know me, it's a small town, and he came up and said, well, sir, sir, you can't have that open flame.
[01:48:15.840 --> 01:48:17.840] I said, sure, Ken, look, nothing to it.
[01:48:17.840 --> 01:48:18.840] No, no, no, you don't understand.
[01:48:18.840 --> 01:48:19.840] I had a little propane torch.
[01:48:19.840 --> 01:48:22.840] We have a fire ban on, you can't have an open flame.
[01:48:22.840 --> 01:48:23.840] I said, this little thing?
[01:48:23.840 --> 01:48:25.840] You've got to be kidding.
[01:48:25.840 --> 01:48:27.840] Second, two pieces of equipment over there.
[01:48:27.840 --> 01:48:29.840] I can outrun the fire department with it.
[01:48:29.840 --> 01:48:30.840] This is not a problem.
[01:48:30.840 --> 01:48:33.840] Oh, well, but you can't have that open flame.
[01:48:33.840 --> 01:48:34.840] I said, wait a minute.
[01:48:34.840 --> 01:48:35.840] This is a joke, right?
[01:48:35.840 --> 01:48:37.840] Oh, oh, no, sir, I'm not joking.
[01:48:37.840 --> 01:48:39.840] Well, wait a minute.
[01:48:39.840 --> 01:48:42.840] Somebody put you up to this, didn't they?
[01:48:42.840 --> 01:48:43.840] Oh, oh, no, sir.
[01:48:43.840 --> 01:48:44.840] Wait a minute.
[01:48:44.840 --> 01:48:49.840] That district judge, Faustel, he sent you down here to do that, didn't he?
[01:48:49.840 --> 01:48:54.840] Just because I filed one crummy little complaint against him with the attorney general.
[01:48:54.840 --> 01:48:55.840] He sent you, didn't he?
[01:48:55.840 --> 01:49:02.840] The officer straightened up, stepped back, pulled out his cell phone, and made a call.
[01:49:02.840 --> 01:49:07.840] About 30 seconds, chief of police stepped out of the city hall next door.
[01:49:07.840 --> 01:49:11.840] Randy, what are you doing to my new officer?
[01:49:11.840 --> 01:49:15.840] Oh, Terry, I was just screwing around.
[01:49:15.840 --> 01:49:17.840] I was just joking.
[01:49:17.840 --> 01:49:25.840] And this police officer said, oh, God, oh, God, I saw my whole career pass before my eyes.
[01:49:25.840 --> 01:49:30.840] That's how afraid they are of the judges and the prosecutors.
[01:49:30.840 --> 01:49:33.840] They're more afraid than we are, it would seem.
[01:49:33.840 --> 01:49:34.840] Absolutely.
[01:49:34.840 --> 01:49:37.840] They get their butts reamed by them all the time.
[01:49:37.840 --> 01:49:39.840] And it's their career, too.
[01:49:39.840 --> 01:49:40.840] It's their job.
[01:49:40.840 --> 01:49:41.840] Right.
[01:49:41.840 --> 01:49:51.840] If that judge got a complaint against him because I accused this officer of being sent by that judge,
[01:49:51.840 --> 01:49:54.840] that judge is going to want to talk to this officer.
[01:49:54.840 --> 01:49:55.840] Why does he think that?
[01:49:55.840 --> 01:49:58.840] What did you do to give him that idea?
[01:49:58.840 --> 01:50:00.840] And he's going to say, I didn't do anything.
[01:50:00.840 --> 01:50:01.840] I didn't do anything.
[01:50:01.840 --> 01:50:03.840] You had to give him some reason.
[01:50:03.840 --> 01:50:04.840] Although he didn't.
[01:50:04.840 --> 01:50:06.840] I just made it up.
[01:50:06.840 --> 01:50:07.840] I was just joking around.
[01:50:07.840 --> 01:50:10.840] But he was terrified.
[01:50:10.840 --> 01:50:12.840] I was frankly astounded.
[01:50:12.840 --> 01:50:13.840] I really was just joking.
[01:50:13.840 --> 01:50:14.840] He's kidding.
[01:50:14.840 --> 01:50:15.840] I was only kidding.
[01:50:15.840 --> 01:50:17.840] I mean, I really do hate the district judge.
[01:50:17.840 --> 01:50:19.840] Did he let you finish his welding with the plug?
[01:50:19.840 --> 01:50:20.840] Oh, yeah.
[01:50:20.840 --> 01:50:21.840] He had.
[01:50:21.840 --> 01:50:22.840] He wanted.
[01:50:22.840 --> 01:50:23.840] Never mind.
[01:50:23.840 --> 01:50:25.840] You can continue.
[01:50:25.840 --> 01:50:32.840] Actually, what I did was is I got inside the tank and I stood up.
[01:50:32.840 --> 01:50:35.840] It had a big hole in the top, so my head's sticking out.
[01:50:35.840 --> 01:50:38.840] And I held up the torch and I got my lighter.
[01:50:38.840 --> 01:50:44.840] I said, can I light it out here or do I have to wait till I get inside?
[01:50:44.840 --> 01:50:52.840] And the guy said, do anything you want to and stomped off.
[01:50:52.840 --> 01:50:55.840] Oh, man.
[01:50:55.840 --> 01:51:00.840] When you start filing criminal complaints, if you craft them carefully,
[01:51:00.840 --> 01:51:05.840] and don't go after the big stuff, go after details.
[01:51:05.840 --> 01:51:07.840] The devil's always in the details.
[01:51:07.840 --> 01:51:14.840] If you sting somebody good over something incredibly minor,
[01:51:14.840 --> 01:51:17.840] that will terrify them.
[01:51:17.840 --> 01:51:25.840] Especially if you use some minor little thing like this magistrate.
[01:51:25.840 --> 01:51:31.840] She's probably watching all this going on and is not believing what's happening.
[01:51:31.840 --> 01:51:38.840] I come down to see her here and she don't let me, and I wind up all over everybody.
[01:51:38.840 --> 01:51:42.840] There's a district judge there that I walked into his courtroom
[01:51:42.840 --> 01:51:46.840] when the grand jury was handing in the indictments.
[01:51:46.840 --> 01:51:52.840] And when they finished, the judge said to the foreman,
[01:51:52.840 --> 01:51:54.840] does the grand jury have any further business?
[01:51:54.840 --> 01:51:57.840] And the foreman said, no, Your Honor, we do not.
[01:51:57.840 --> 01:52:00.840] And I stood up in the courtroom and said, yes, you do.
[01:52:00.840 --> 01:52:02.840] And the judge said, who are you?
[01:52:02.840 --> 01:52:04.840] I said, I'm Randall Kelton.
[01:52:04.840 --> 01:52:06.840] What business do you have with this grand jury?
[01:52:06.840 --> 01:52:11.840] At that point, I could have told the judge I have business with this grand jury
[01:52:11.840 --> 01:52:15.840] and it's none of yours, but I had plans for him.
[01:52:15.840 --> 01:52:21.840] So I told him, well, judge, I have some criminal complaints against some public officials.
[01:52:21.840 --> 01:52:23.840] He said, and what officials are those?
[01:52:23.840 --> 01:52:27.840] I said, well, this district attorney sitting here and this assistant district attorney,
[01:52:27.840 --> 01:52:31.840] and I pointed up at him and you, judge.
[01:52:31.840 --> 01:52:35.840] And he's sitting there staring at me thinking I know what he's thinking.
[01:52:35.840 --> 01:52:37.840] Who is this guy?
[01:52:37.840 --> 01:52:39.840] I never done anything to him.
[01:52:39.840 --> 01:52:41.840] He's never been in my court.
[01:52:41.840 --> 01:52:43.840] Why is he down here busting my chops?
[01:52:43.840 --> 01:52:46.840] He's just busting my chops right in front of my own grand jury.
[01:52:46.840 --> 01:52:48.840] What do I do now?
[01:52:48.840 --> 01:52:50.840] He had no clue.
[01:52:50.840 --> 01:52:53.840] He just sat there staring at me.
[01:52:53.840 --> 01:52:57.840] And finally, I just started talking to the grand jury.
[01:52:57.840 --> 01:53:04.840] You can do these things because you're the sovereign.
[01:53:04.840 --> 01:53:08.840] We should always remember we are the sovereign.
[01:53:08.840 --> 01:53:14.840] This mess is here because we let it happen.
[01:53:14.840 --> 01:53:15.840] Times were good.
[01:53:15.840 --> 01:53:17.840] We were busy with other things.
[01:53:17.840 --> 01:53:20.840] And the fines weren't that great.
[01:53:20.840 --> 01:53:21.840] We were making good money.
[01:53:21.840 --> 01:53:23.840] We just let it go.
[01:53:23.840 --> 01:53:28.840] We winked at their discords.
[01:53:28.840 --> 01:53:33.840] And over a period of time, we became accustomed to the minor adjustments.
[01:53:33.840 --> 01:53:37.840] And most people don't even know they're wrong.
[01:53:37.840 --> 01:53:41.840] Do you realize how hard it is to change it?
[01:53:41.840 --> 01:53:45.840] Well, Randy, I think most people realize something is wrong.
[01:53:45.840 --> 01:53:48.840] They just don't know quite what it is.
[01:53:48.840 --> 01:53:54.840] Something about it just doesn't seem right that you're arrested
[01:53:54.840 --> 01:53:58.840] and run through the system like this.
[01:53:58.840 --> 01:54:02.840] And it's the next day or two before you finally see a magistrate.
[01:54:02.840 --> 01:54:06.840] And then you just get railroaded through the system.
[01:54:06.840 --> 01:54:09.840] People know inherently this isn't right.
[01:54:09.840 --> 01:54:13.840] Something about this is not right, but they just don't know quite what it is.
[01:54:13.840 --> 01:54:15.840] Yeah, well, now we know exactly what it is.
[01:54:15.840 --> 01:54:17.840] Now we know exactly what it is.
[01:54:17.840 --> 01:54:25.840] The thing I've found out is it's so easy to fix, it's kind of frustrating.
[01:54:25.840 --> 01:54:28.840] Debra and I went to Williamson County,
[01:54:28.840 --> 01:54:32.840] and anybody down here in Austin knows that Williamson County
[01:54:32.840 --> 01:54:37.840] is well known as the most corrupt county in the state.
[01:54:37.840 --> 01:54:46.840] And we go up there, and Debra nailed this county attorney righteous.
[01:54:46.840 --> 01:54:50.840] We're talking about these records that were supposed to be given to the clerk.
[01:54:50.840 --> 01:54:55.840] Well, I went down there wanting to know who the heck dismissed my case.
[01:54:55.840 --> 01:54:57.840] I heard my case was dismissed, so I went to the clerk's office.
[01:54:57.840 --> 01:54:59.840] There's no record of me in the clerk's office.
[01:54:59.840 --> 01:55:03.840] So I go to the prosecutor's attorney, and they give me the head of the prosecution,
[01:55:03.840 --> 01:55:05.840] the criminal section.
[01:55:05.840 --> 01:55:07.840] I said, who dismissed my case?
[01:55:07.840 --> 01:55:08.840] He said, well, I did.
[01:55:08.840 --> 01:55:11.840] Well, under what authority did you do that?
[01:55:11.840 --> 01:55:13.840] Well, my authority as a prosecutor.
[01:55:13.840 --> 01:55:15.840] I said, well, that's all not well and good,
[01:55:15.840 --> 01:55:19.840] but I was hoping for something a little more specific, you know,
[01:55:19.840 --> 01:55:22.840] like 3202 Code of Criminal Procedure says you can't dismiss prosecution
[01:55:22.840 --> 01:55:25.840] except for submission of written motion to the court of jurisdiction.
[01:55:25.840 --> 01:55:27.840] You know, something like that.
[01:55:27.840 --> 01:55:32.840] He said, well, there never was a prosecution because I didn't accept it.
[01:55:32.840 --> 01:55:35.840] Well, it seemed to me like there was one.
[01:55:35.840 --> 01:55:38.840] As I understand, a prosecution commences when a person is arrested
[01:55:38.840 --> 01:55:40.840] and presented to a magistrate.
[01:55:40.840 --> 01:55:43.840] I thought I spent 24 hours over there in your jail.
[01:55:43.840 --> 01:55:46.840] It was not a happy experience.
[01:55:46.840 --> 01:55:49.840] So I got the impression that a prosecution commenced.
[01:55:49.840 --> 01:55:52.840] How did you keep one from commencing?
[01:55:52.840 --> 01:55:54.840] Well, blah, blah, blah, and I don't remember what he said there.
[01:55:54.840 --> 01:55:58.840] And I said, well, I'm trying to find these records that the clerk,
[01:55:58.840 --> 01:56:01.840] that the magistrate was supposed to seal in an envelope
[01:56:01.840 --> 01:56:03.840] and forward to the clerk of the court.
[01:56:03.840 --> 01:56:05.840] And he didn't do that.
[01:56:05.840 --> 01:56:08.840] So somebody's got them, and whoever's got them
[01:56:08.840 --> 01:56:10.840] has them in violation of 3710.
[01:56:10.840 --> 01:56:13.840] He's right there with the folder in his hand.
[01:56:13.840 --> 01:56:17.840] And I know he's got it in his hand, no doubt.
[01:56:17.840 --> 01:56:20.840] So I tell him whoever's got them has them to the exclusion of the clerk of the court.
[01:56:20.840 --> 01:56:23.840] And that's violation of 3710 Penal Code, and it's a felony.
[01:56:23.840 --> 01:56:25.840] And Deborah steps up and says,
[01:56:25.840 --> 01:56:31.840] Randy, that folder you're looking for, isn't that it he's holding right there?
[01:56:31.840 --> 01:56:35.840] And the prosecutor looked down at that folder like it was on fire.
[01:56:35.840 --> 01:56:39.840] And I said, yeah, yeah, I think that's it.
[01:56:39.840 --> 01:56:46.840] And Deborah said, is there anything in there from the magistrate?
[01:56:46.840 --> 01:56:51.840] And he, well, yeah, I think there's something in there.
[01:56:51.840 --> 01:56:54.840] And Deborah shut up and stepped back.
[01:56:54.840 --> 01:56:56.840] And I'm looking at this.
[01:56:56.840 --> 01:56:58.840] I didn't snap yet.
[01:56:58.840 --> 01:57:00.840] She did.
[01:57:00.840 --> 01:57:02.840] She got him to cop to a felony.
[01:57:02.840 --> 01:57:05.840] And then when she got him to cop to the felony,
[01:57:05.840 --> 01:57:11.840] she stopped talking to him so she didn't give him an opportunity to recant.
[01:57:11.840 --> 01:57:16.840] A couple months later, I'm talking to the chief of police in Liberty Hill,
[01:57:16.840 --> 01:57:19.840] and he's saying how there's, we're talking about due process,
[01:57:19.840 --> 01:57:25.840] how there's new laws down now that the magistrate has to send all the records to the clerk of the court.
[01:57:25.840 --> 01:57:26.840] New laws.
[01:57:26.840 --> 01:57:30.840] So the most corrupt county in Texas,
[01:57:30.840 --> 01:57:38.840] and all we got to do is go down there and kick the prosecutor in the butt good and hard, and everything changes.
[01:57:38.840 --> 01:57:41.840] It's not hard to change this.
[01:57:41.840 --> 01:57:45.840] Well, we hadn't completely finished with Williamson County yet, believe me.
[01:57:45.840 --> 01:57:48.840] We hadn't even really started with those guys.
[01:57:48.840 --> 01:57:49.840] Right.
[01:57:49.840 --> 01:57:56.840] There's a lot more wrong, and what I'm talking about here is what's wrong.
[01:57:56.840 --> 01:58:01.840] Yeah, by the time we're done with Williamson County, we'll never have to worry about money again.
[01:58:01.840 --> 01:58:12.840] I'm putting together a program where everybody arrested will have access to documents that address all of these legal issues.
[01:58:12.840 --> 01:58:16.840] And they're available because they're public documents.
[01:58:16.840 --> 01:58:18.840] I've already filed them.
[01:58:18.840 --> 01:58:20.840] Okay, well, listen, we're going to break now, Randy.
[01:58:20.840 --> 01:58:22.840] We're at the top of the hour.
[01:58:22.840 --> 01:58:24.840] After break, we'll start taking some calls.
[01:58:24.840 --> 01:58:25.840] Yeah, we'll start taking some calls.
[01:58:25.840 --> 01:58:28.840] We've got Eddie, Julio, Gail, Russell, Rick.
[01:58:28.840 --> 01:58:31.840] We're going to be going to your calls as soon as we get back from break.
[01:58:31.840 --> 01:58:36.840] This is the rule of law, Randy Kelton and Deborah Stevens.
[01:58:36.840 --> 01:58:44.840] Rule of law radio.
[01:58:44.840 --> 01:58:47.840] Stock markets are taking hit after hit.
[01:58:47.840 --> 01:58:50.840] Corrupt bankers are choking on subprime debt.
[01:58:50.840 --> 01:58:58.840] The Fed is busy printing dollars, dollars, and more dollars to bail out Wall Street banks and the U.S. car industry.
[01:58:58.840 --> 01:59:07.840] As investors scramble for safety in the metals in the face of a further devaluation of the dollar, the price of silver will only increase.
[01:59:07.840 --> 01:59:17.840] Some of the world's leading financial analysts believe that silver is one of the world's most important commodities with unparalleled investment opportunities for the future.
[01:59:17.840 --> 01:59:28.840] Now is the time to buy silver before it heads for $75 an ounce, and the yellow metal roars back past $1,000 an ounce to new highs.
[01:59:28.840 --> 01:59:44.840] Call Maximus Holdings now at 407-608-5430 to find out how you can turn your IRA and 401K into a solid investment, silver, without any penalties for early withdrawal.
[01:59:44.840 --> 01:59:50.840] Even if you don't have a retirement account yet, we have fantastic investment opportunities for you.
[01:59:50.840 --> 01:59:59.840] Call Maximus Holdings at 407-608-5430.