ROL_2009-07-03_16k_Hr1-2.timecode

[00:00.000 --> 00:05.480]  This news brief brought to you by the International News Net.
[00:05.480 --> 00:11.280]  NATO Secretary General Jaap de Hoop Sheffa says it's possible that as international forces
[00:11.280 --> 00:17.520]  escalate operations in Afghanistan, the insurgency will move into Central Asia's former Soviet
[00:17.520 --> 00:18.520]  states.
[00:18.520 --> 00:22.960]  Joint Chiefs Chairman Admiral Mike Mullen has said the massive U.S. troop surge in
[00:22.960 --> 00:28.360]  Afghanistan would worsen the situation in Pakistan where insurgents are stretching the
[00:28.360 --> 00:30.760]  government to its limit.
[00:30.760 --> 00:36.760]  A bomb tore through a vehicle in Afghanistan Wednesday killing seven civilians, while authorities
[00:36.760 --> 00:42.680]  reported 54 people, mostly militants, were killed elsewhere in the country.
[00:42.680 --> 00:47.520]  The Iraqi government Tuesday declared a public holiday to mark next week's withdrawal of
[00:47.520 --> 00:51.240]  U.S. combat troops from Baghdad and other cities.
[00:51.240 --> 00:56.600]  Top of the hour news brought to you by INN World Report.
[00:56.600 --> 01:01.880]  A new report documents the torture of more than two dozen former prisoners held at Bagram
[01:01.880 --> 01:07.120]  Air Base in Afghanistan between 2002 and 2008.
[01:07.120 --> 01:11.120]  It comes three months after a congressional committee linked the murder of two detainees
[01:11.120 --> 01:18.440]  at Bagram to policies enacted by George Bush and ex-Secretary of Defense Donald Rumsfeld.
[01:18.440 --> 01:22.860]  The April report by the Senate Armed Services Committee on the treatment of prisoners in
[01:22.860 --> 01:29.080]  Iraq and Afghanistan concluded various torture techniques and brutal beatings administered
[01:29.080 --> 01:33.800]  by military interrogators caused the deaths of the two prisoners.
[01:33.800 --> 01:39.080]  One of the detainees, identified as Dilawar, was the subject of the Academy Award-winning
[01:39.080 --> 01:42.600]  documentary Taxi to the Dark Side.
[01:42.600 --> 01:47.160]  According to the report, another detainee, identified as Habibullah, was killed two days
[01:47.160 --> 01:52.800]  after Rumsfeld authorized the use of enhanced interrogation techniques against prisoners
[01:52.800 --> 01:54.480]  in Afghanistan.
[01:54.480 --> 01:58.360]  Dilawar was murdered six days after Habibullah was killed.
[01:58.360 --> 02:03.640]  The report labeled their deaths as homicides.
[02:03.640 --> 02:08.720]  Jamil Rahman, a British man who claims the U.K. government colluded in his arrest and
[02:08.720 --> 02:14.640]  torture, has accused U.K. security officers of forcing him to confess to masterminding
[02:14.640 --> 02:16.880]  the July 7th bombings.
[02:16.880 --> 02:24.320]  Rahman claims Britain's MI5 spy service was behind his arrest in 2005 in Bangladesh where
[02:24.320 --> 02:30.240]  he says he was stripped naked and beaten repeatedly by Bangladeshi officials who threatened to
[02:30.240 --> 02:34.240]  rape him and his wife if he refused to answer questions.
[02:34.240 --> 02:39.560]  Rahman, who is suing the government in British courts, said two MI5 officers who attended
[02:39.560 --> 02:45.080]  his torture and interrogation in Bangladesh would leave the room while he was beaten and
[02:45.080 --> 02:47.880]  then return and continue questioning him.
[02:47.880 --> 02:53.520]  Rahman claims the MI5 agents threatened to burn his family in their home in Britain and
[02:53.520 --> 03:16.880]  make the incident look like a gas leak.
[04:23.520 --> 04:53.440]  Okay, this is Randy Kelton, Deborah Stevens, Rural Law Radio, with Eddie Craig.
[04:53.440 --> 05:07.880]  We're back, we're going to do our four-hour info marathon, and we're going to start out.
[05:07.880 --> 05:11.440]  We already have Nick from Philadelphia.
[05:11.440 --> 05:14.320]  We were talking to him last night.
[05:14.320 --> 05:19.680]  We're going to pick up with him where we left off last night.
[05:19.680 --> 05:22.520]  He had a pretty good subject there.
[05:22.520 --> 05:27.520]  And maybe a little slow, we're having a little problem with the caller page.
[05:27.520 --> 05:31.840]  So if I hesitate for a moment or two, it's because I'm waiting for this page to come
[05:31.840 --> 05:32.840]  up.
[05:32.840 --> 05:33.840]  Nick, are you there?
[05:33.840 --> 05:34.840]  Yes, Randy.
[05:34.840 --> 05:35.840]  Can you hear me?
[05:35.840 --> 05:36.840]  Yes, I can.
[05:36.840 --> 05:37.840]  All right, very good.
[05:37.840 --> 05:38.840]  Okay.
[05:38.840 --> 05:39.840]  Where do you want to go?
[05:39.840 --> 05:40.840]  All right.
[05:40.840 --> 05:51.680]  Well, I guess probably just give the listeners a back story of what we spoke about yesterday.
[05:51.680 --> 06:02.360]  I had a friend who was incarcerated on the 29th of May this year, and since that date,
[06:02.360 --> 06:08.480]  he spent about, say, up until about the 15th of June, he was in Camden County Correctional
[06:08.480 --> 06:09.480]  Facility.
[06:09.480 --> 06:14.800]  At that point, he was transferred to Central Processing in New Jersey, and from there,
[06:14.800 --> 06:19.160]  he went off to, from what I understand, about three different locations.
[06:19.160 --> 06:26.720]  One was in Newark, New Jersey, another in Bayside, South New Jersey, and most recently,
[06:26.720 --> 06:33.880]  he was transferred to another area in South Jersey, I think it's Blackwood or something
[06:33.880 --> 06:35.360]  for that effect.
[06:35.360 --> 06:43.560]  And during this whole process, he was subjected to the most abhorrent conditions that we can
[06:43.560 --> 06:44.560]  imagine.
[06:44.560 --> 06:49.920]  There was a demo-style rendition on one occasion, I believe at the Newark facility, and I have
[06:49.920 --> 06:50.920]  to verify this.
[06:50.920 --> 06:58.400]  He was the lieutenant ship commander there, had what he described as a paramilitary team
[06:58.400 --> 07:06.880]  come in and severely beat him, subject him to torture for approximately one hour, after
[07:06.880 --> 07:09.960]  which I believe he may have been transferred.
[07:09.960 --> 07:15.360]  All the while, on each occasion, he's been stripped nude, thrown in padded cells with
[07:15.360 --> 07:20.680]  no toilet, just strictly abhorrent conditions.
[07:20.680 --> 07:23.520]  And we've had no communication, ostensibly, with him.
[07:23.520 --> 07:30.680]  We did receive a letter two weeks, about a week and a half ago now, through a disinterested
[07:30.680 --> 07:35.800]  third party, just another inmate in one of the facilities, most recent facility that
[07:35.800 --> 07:39.720]  he, I guess, stationed at now.
[07:39.720 --> 07:45.720]  And it's just a very graphic letter, at the very least, and it almost looks like one of
[07:45.720 --> 07:50.920]  those letters from Guantanamo that you hear about in all the news or in these anti-war
[07:50.920 --> 07:51.920]  pages.
[07:51.920 --> 07:58.480]  So it's really something that we have to take immediate remediation towards, and I'm hoping
[07:58.480 --> 08:02.720]  that you can assist me this evening in just fleshing out how to actually file this writ
[08:02.720 --> 08:04.720]  of habeas corpus.
[08:04.720 --> 08:13.640]  Okay, I don't have writ of habeas corpus for New Jersey, but I do have writ of habeas corpus
[08:13.640 --> 08:21.640]  for Texas, and as to the form, it will probably be very similar.
[08:21.640 --> 08:27.240]  And that's fortunate, because I was writing a writ of mandamus, and writ of mandamus and
[08:27.240 --> 08:32.240]  writ of habeas corpus are both extraordinary writs that fall under the, at least in Texas,
[08:32.240 --> 08:34.240]  fall under the same statute.
[08:34.240 --> 08:41.640]  And I will go through the details on writ of habeas corpus for you.
[08:41.640 --> 08:42.640]  Right.
[08:42.640 --> 08:47.920]  Isn't the habeas corpus, though, since we're filing it at the federal level, isn't it procedurally
[08:47.920 --> 08:50.240]  pretty uniform throughout the states?
[08:50.240 --> 08:51.240]  Yes.
[08:51.240 --> 08:57.520]  What this will tell you is it'll walk through the things, what is in the writ and how the
[08:57.520 --> 08:59.520]  writ's constructed.
[08:59.520 --> 09:07.600]  The format is slightly different in the federal in that it is just all the, everything is
[09:07.600 --> 09:10.080]  centered in the middle of the page.
[09:10.080 --> 09:17.040]  But basically, this should tell you what a writ looks like.
[09:17.040 --> 09:26.680]  And this is from O'Connor's, O'Connor's Texas Rules and Civil Trials, and this is a litigation
[09:26.680 --> 09:28.680]  guide.
[09:28.680 --> 09:31.040]  Okay.
[09:31.040 --> 09:38.160]  Texas Rules of Appellate Procedure 52 in Texas defines a writ, commencement, an original
[09:38.160 --> 09:45.440]  application proceeding seeking extraordinary relief, wait a minute.
[09:45.440 --> 09:54.640]  He has already been adjudicated, or is he being held in lieu of trial?
[09:54.640 --> 09:58.240]  The judgment of conviction has already been levied against him.
[09:58.240 --> 10:01.160]  He's already been sentenced, so.
[10:01.160 --> 10:02.160]  Okay.
[10:02.160 --> 10:08.160]  This becomes a lot more complex because it is a post-conviction writ.
[10:08.160 --> 10:09.640]  That's correct.
[10:09.640 --> 10:20.040]  But I'll give you, in Texas, there's a whole different set of procedures for a post-conviction
[10:20.040 --> 10:28.400]  writ than there is for a pre-conviction writ.
[10:28.400 --> 10:30.360]  Let's see.
[10:30.360 --> 10:37.280]  Since we have Eddie on here, Eddie, while we're going through this, can I get you to
[10:37.280 --> 10:43.480]  go into New Jersey law and see if you can find the statutes in their criminal procedure
[10:43.480 --> 10:44.720]  code for writs?
[10:44.720 --> 10:45.720]  Sure.
[10:45.720 --> 10:48.160]  I'll look at while you talk to him.
[10:48.160 --> 10:49.160]  Okay.
[10:49.160 --> 10:54.840]  I'm trying to look and talk, and at my age, I don't multitask well.
[10:54.840 --> 11:00.000]  My mother tells me it's not going to get better, but let me walk through the requisites of
[11:00.000 --> 11:01.000]  a writ.
[11:01.000 --> 11:07.160]  This is going to be relatively basic, no matter where it's added, commencement, an original
[11:07.160 --> 11:12.680]  application proceeding seeking extraordinary relief as part of a writ of habeas corpus
[11:12.680 --> 11:18.680]  mandamus prohibition injunction equal warranto is commenced by filing a petition with the
[11:18.680 --> 11:23.160]  clerk of the appropriate court, the way we do it in Texas, is I take the writ and give
[11:23.160 --> 11:35.160]  it to the clerk, and when I did this in Montgomery County, the clerk took out a red folder, put
[11:35.160 --> 11:41.240]  the filing in the red folder after she had stamped it into the court and handed it back
[11:41.240 --> 11:45.960]  to me and told me which judge to go see.
[11:45.960 --> 11:52.960]  This judge was in the process of a murder trial, waited until they finished examining
[11:52.960 --> 12:00.440]  a witness, stopped the court, and heard my writ long enough to throw me out of the courtroom.
[12:00.440 --> 12:08.760]  Well, he asked if I was an attorney, and I said, no, Your Honor, I sleep well at night
[12:08.760 --> 12:10.760]  and keep my hands in my own pockets.
[12:10.760 --> 12:13.840]  Well, Mr. Cowen, since you're not an attorney, you can't file a writ.
[12:13.840 --> 12:16.800]  I most certainly can, and you're to take it.
[12:16.800 --> 12:20.960]  Well, I won't be taking it because you're not an attorney, Mr. Bailiff, did you hear
[12:20.960 --> 12:21.960]  that?
[12:21.960 --> 12:22.960]  Yes, Mr. Kelton, I did.
[12:22.960 --> 12:23.960]  Arrest that judge.
[12:23.960 --> 12:28.760]  The judge said, Mr. Bailiff, if Mr. Kelton doesn't lead in the courtroom, arrest Mr.
[12:28.760 --> 12:29.760]  Kelton.
[12:29.760 --> 12:35.040]  Well, Your Honor, since you put it that way, I'm out of here.
[12:35.040 --> 12:37.960]  I told the bailiff to come with me, and he did.
[12:37.960 --> 12:43.120]  We got out in the hall, I said, I need you to go back in there and arrest that judge,
[12:43.120 --> 12:46.040]  and we had this little argument, oh, no, no, I can't arrest a judge.
[12:46.040 --> 12:50.640]  Come on, man, you stand around all day, doing nothing, it's boring, give me a little excitement.
[12:50.640 --> 12:51.640]  I don't need excitement.
[12:51.640 --> 12:54.920]  Anyway, okay, that's the way it was filed.
[12:54.920 --> 13:00.280]  Normally, it's done because it's an emergency writ, and all of these are emergencies, except
[13:00.280 --> 13:02.760]  the writ of mandamus.
[13:02.760 --> 13:11.560]  Okay, designation of parties, the party seeking relief is the relator, that's O-R, not E-R.
[13:11.560 --> 13:15.280]  In original proceedings, other than habeas corpus, the person against whom relief is
[13:15.280 --> 13:24.040]  sought, whether a judge, court, tribunal, officer, or other person, is the respondent.
[13:24.040 --> 13:31.360]  A person whose interest will be directly affected by the relief sought is a real party in interest
[13:31.360 --> 13:34.680]  and a party to the cause.
[13:34.680 --> 13:41.320]  In Texas, anyone can file a writ in anyone else's behalf, but that's not consistent
[13:41.320 --> 13:47.760]  across the state, and it's certainly not the case in the federal court.
[13:47.760 --> 13:56.120]  In the federal court, either the person must file it or his attorney, but there is a caveat
[13:56.120 --> 13:57.600]  to that.
[13:57.600 --> 14:04.000]  You can prepare the writ and send it to whatever facility you think he's at, and if you don't
[14:04.000 --> 14:11.160]  know, send it to every facility they got and direct it to be given to him so he can sign
[14:11.160 --> 14:13.680]  it.
[14:13.680 --> 14:18.880]  If you don't see the writ appear within a couple of days, then we start filing complaints
[14:18.880 --> 14:29.680]  against the head of every jail facility or a motion to compel to the federal courts claiming
[14:29.680 --> 14:36.520]  that the state officials are hiding a federal writ from the court, and the judge is not
[14:36.520 --> 14:41.880]  going to like that one little bit, so we should be able to get the writ to him.
[14:41.880 --> 14:44.240]  Form and contents of the petition.
[14:44.240 --> 14:48.880]  All factual statements in the petition must be verified by affidavit made on personal
[14:48.880 --> 14:54.280]  knowledge by an affiant competent to testify to the matter stated.
[14:54.280 --> 15:03.320]  The petition must, under appropriate headings, and in the order here indicated, contain the
[15:03.320 --> 15:05.000]  following.
[15:05.000 --> 15:10.280]  A, identify identity of parties and counsel.
[15:10.280 --> 15:15.640]  That would be a first chapter, a first heading.
[15:15.640 --> 15:19.000]  Then a table of contents and an index of authorities.
[15:19.000 --> 15:30.920]  If you're using Microsoft Word, the table of contents, if you use the style sheet and
[15:30.920 --> 15:41.080]  select the heading for each chapter and set it to heading one, then when you tell Word
[15:41.080 --> 15:48.080]  to create table of contents, it'll do it from those headings, so it'll create it automatically.
[15:48.080 --> 15:49.440]  An index of authorities.
[15:49.440 --> 15:59.640]  Where you use an authority, I think it's shift, control, alt, or shift, control something.
[15:59.640 --> 16:06.720]  You can look up how to set a mark for a table of authorities, and when you put in the authority,
[16:06.720 --> 16:10.960]  you go in and mark it, and then you tell Word to create a table of authorities, it'll go
[16:10.960 --> 16:18.040]  find all your marks and create it for you, so that part's not terribly difficult.
[16:18.040 --> 16:21.960]  Then after table of authorities, a statement of the case.
[16:21.960 --> 16:28.240]  The petition must contain a statement of the case that should seldom exceed one page and
[16:28.240 --> 16:30.240]  should not discuss the facts.
[16:30.240 --> 16:34.840]  The statement must contain the following.
[16:34.840 --> 16:35.840]  A break.
[16:35.840 --> 16:41.960]  I'm glad the music worked, because I wasn't watching the time, and my caller page is not
[16:41.960 --> 16:42.960]  working anyway.
[16:42.960 --> 16:45.280]  Okay, we're going to go to break.
[16:45.280 --> 16:49.160]  As soon as we come back, we'll go to what must be in a rip.
[16:49.160 --> 16:59.200]  This is Grant Kelton, Debra Stevens, Eddie Craig, Wheel of Law, we'll be right back.
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[18:10.040 --> 18:37.560]  Hey, now, you're well-runsized, and you're gonna fight to see the light.
[18:37.560 --> 19:06.440]  Okay, we're back, and Eddie is still digging through North of New Jersey law, was having
[19:06.440 --> 19:10.120]  trouble finding it on the website, so he's gonna go into Lexus and see if we can find
[19:10.120 --> 19:11.120]  it in there.
[19:11.120 --> 19:18.080]  But in the meantime, I'll go back to the elements that need to be in.
[19:18.080 --> 19:22.080]  Eddie, can you fade down that music?
[19:22.080 --> 19:23.080]  Okay.
[19:23.080 --> 19:27.640]  Yeah, it's going.
[19:27.640 --> 19:33.640]  Identify party, okay, the contents of the petition, okay, after the index of authority
[19:33.640 --> 19:40.320]  of statement of the case, and the statement of the case should contain a concise description
[19:40.320 --> 19:48.120]  of the nature of any underlying proceedings, for example, a suit for damages or a contempt
[19:48.120 --> 19:52.440]  proceeding for failure to pay child support or whatever.
[19:52.440 --> 19:57.280]  If the respondent is a judge, the name of the judge, the designation of the court in
[19:57.280 --> 20:02.560]  which the judge was sitting, and the county in which the court is located, I just wrote
[20:02.560 --> 20:09.200]  a writ of mandamus today, and when I come across this, it kind of tripped me up because
[20:09.200 --> 20:14.640]  I had to identify the parties in the front, and if I identify the parties, I've already
[20:14.640 --> 20:18.000]  identified this judge, so that seems kind of redundant.
[20:18.000 --> 20:25.800]  Okay, number three, a concise description of the respondent's action from which the
[20:25.800 --> 20:34.400]  relator seeks relief, okay, four, if the relator seeks a habeas corpus, a statement describing
[20:34.400 --> 20:41.680]  how and where the relator is being deprived of liberty, five, if the petition is filed
[20:41.680 --> 20:46.040]  in the Supreme Court after a petition requesting the same relief was filed in the Court of
[20:46.040 --> 20:54.280]  Appeals, the date the petition was filed in the Court of Appeals, the district of the
[20:54.280 --> 21:00.320]  Court of Appeals and the names of the justices who participated in the decision, the author
[21:00.320 --> 21:05.960]  of the opinion for the Court of Appeals and the author of any separate opinion, the citation
[21:05.960 --> 21:11.240]  of the court's opinion, if available, and a statement that the opinion was unpublished,
[21:11.240 --> 21:16.880]  and the disposition of the case by the Court of Appeals and the date the Court of Appeals
[21:16.880 --> 21:24.000]  or of the Court of Appeals order, okay, now we're back to what goes in the writ itself,
[21:24.000 --> 21:31.080]  that part was if it's an appeal from a Court of Appeals, okay, it needs a statement of
[21:31.080 --> 21:38.280]  jurisdiction, the petition must state without argument the basis of the court's jurisdiction,
[21:38.280 --> 21:43.080]  if the Supreme Court or the Court of Appeals have concurrent jurisdiction, the petition
[21:43.080 --> 21:48.960]  must present first to the Court of Appeals unless there is a compelling reason not to
[21:48.960 --> 21:54.600]  do so, if the petition is filed in the Supreme Court without first being presented to the
[21:54.600 --> 21:58.360]  Court of Appeals, the petition must take the compelling reason why the petition was not
[21:58.360 --> 22:04.080]  first presented to the Court of Appeals, in Texas, we have two high courts and that's
[22:04.080 --> 22:08.640]  probably the reason for all of this, we have one high court for criminal, one high court
[22:08.640 --> 22:16.600]  for civil, Supreme Court does civil, Court of Criminal Appeals does criminal, so that's
[22:16.600 --> 22:23.160]  probably the reason once you go to the Court of Criminal Appeals, you go to the Court of
[22:23.160 --> 22:29.480]  Appeals, you can go to Criminal Appeals or Civil Appeals and sometimes people will take
[22:29.480 --> 22:35.360]  a criminal to Civil Appeal, to the Supreme Court instead of Court of Criminal Appeals
[22:35.360 --> 22:41.160]  but since we're talking about New Jersey that's probably not going to apply, okay, then we
[22:41.160 --> 22:48.440]  go to issues presented, the petition must state concisely, all issues or points presented
[22:48.440 --> 22:55.000]  for relief, the statement of an issue or a point will be treated as covering every subsidiary
[22:55.000 --> 23:03.240]  question that is fairly included, then after the statement of the issues, the statement
[23:03.240 --> 23:08.840]  of facts, the petition must state concisely and without argument, the facts pertinent
[23:08.840 --> 23:15.360]  to the issues or points presented, the statement must be supported by references to the appendix
[23:15.360 --> 23:23.680]  or record, okay, then the argument, the petition must contain a clear and concise argument
[23:23.680 --> 23:28.480]  for the contentions made with appropriate citations and authorities and to the appendix
[23:28.480 --> 23:37.000]  of the record and then the prayer and appendix, that's basically the pieces and parts that
[23:37.000 --> 23:46.120]  go in a writ of habeas corpus and it's likely to be fairly consistent across the states.
[23:46.120 --> 23:58.360]  Okay, Eddie sent me a Skype but I can't read it, anyway, does that make sense to you Nick?
[23:58.360 --> 24:04.480]  No, that definitely helps me develop the contents of the writ, I have a question though about
[24:04.480 --> 24:12.600]  the element of a prayer, I just, in my experience, I avoid the prayer, you know, I think that
[24:12.600 --> 24:13.600]  it's something...
[24:13.600 --> 24:20.280]  Okay, don't do that, in this case it has nothing to do with praying to a deity, it's a different
[24:20.280 --> 24:21.280]  meaning than...
[24:21.280 --> 24:22.280]  Yeah, I understand.
[24:22.280 --> 24:31.160]  It is a term of art, so I would...
[24:31.160 --> 24:34.840]  The prayer again consists of what exactly?
[24:34.840 --> 24:44.840]  Then you ask the court for the relief that you seek, you tell them specifically what
[24:44.840 --> 24:53.160]  you want them to do and generally a prayer is petitioner, praise of the court, relief
[24:53.160 --> 24:56.080]  and you tell them what relief you want.
[24:56.080 --> 24:58.960]  Right, it's a relief thought, right.
[24:58.960 --> 25:04.120]  Then in the alternative, if they don't give you everything you want, then you go to the
[25:04.120 --> 25:10.480]  next and the next and the next and however many alternatives you think are appropriate.
[25:10.480 --> 25:11.960]  Right.
[25:11.960 --> 25:21.760]  Then, okay, normally in a motion, say if you prepared a writ of mandamus, you would prepare
[25:21.760 --> 25:28.040]  the writ but with a writ of habeas corpus, the court is required to prepare the writ.
[25:28.040 --> 25:35.080]  What you're filing is not a writ but your filing is a petition for a writ, the court
[25:35.080 --> 25:37.600]  actually prepares the writ.
[25:37.600 --> 25:44.120]  Now one thing I'm not certain of is if your court is going to want you to prepare the
[25:44.120 --> 25:50.160]  writ for them, so all they have to do is sign it and you might have to check with an attorney
[25:50.160 --> 25:55.080]  to find out what the case is in particular in that issue.
[25:55.080 --> 26:02.640]  Well, when I file a writ in Texas, I don't file the, when I file a petition for a writ,
[26:02.640 --> 26:06.080]  I don't file the writ with it.
[26:06.080 --> 26:08.200]  So I'm not sure about that.
[26:08.200 --> 26:12.200]  The first thing I should try to do though is assemble the petition on behalf of the
[26:12.200 --> 26:18.840]  incarcerated and send that to wherever he is currently incarcerated at and in an attempt
[26:18.840 --> 26:25.800]  to have him approve of it, sign off on it and respond and perhaps even forward it on
[26:25.800 --> 26:33.720]  his own behalf to the federal, I guess, district court in Camden is where I believe it would
[26:33.720 --> 26:34.720]  be.
[26:34.720 --> 26:42.200]  If he's unable to do that, then I would from that point have to levy complaints on his
[26:42.200 --> 26:47.960]  behalf that there's a non-response on the part of the prison system, that they're not
[26:47.960 --> 26:49.120]  forwarding mail to him.
[26:49.120 --> 26:56.120]  I mean, I can already assert with a great deal of probability that it's not going to
[26:56.120 --> 26:57.120]  go through to him.
[26:57.120 --> 27:01.600]  They've been denying him mail both sending and receiving stuff.
[27:01.600 --> 27:08.760]  I suggest that when he gets a federal writ of habeas corpus to sign or a petition for
[27:08.760 --> 27:13.280]  a writ, there's a real good chance they're going to give that to him because they're
[27:13.280 --> 27:18.040]  not going to want the feds crawling down their throats and that will definitely get them,
[27:18.040 --> 27:21.000]  the feds crawling down their throats.
[27:21.000 --> 27:25.520]  Would you suggest putting, as I think you recommended yesterday, to put it on the outside
[27:25.520 --> 27:29.560]  of the envelope, legal documents enclosed?
[27:29.560 --> 27:33.120]  Yes, absolutely.
[27:33.120 --> 27:40.400]  What the courts consider is if a person's incarcerated, he can't get to the clerk.
[27:40.400 --> 27:45.000]  When he puts the writ in the hand of the jailer, it is filed.
[27:45.000 --> 27:48.960]  So it'll be real hard for these guys, you know, they're going to know when they get
[27:48.960 --> 27:55.000]  that writ that this is coming at them and it's not going to go away.
[27:55.000 --> 28:01.960]  And since you mail it to him, you have a right to trust the mail and the courts trust the
[28:01.960 --> 28:02.960]  mail.
[28:02.960 --> 28:09.600]  And they say five days after something's mailed, you received it, period, because they trust
[28:09.600 --> 28:11.240]  the U.S. mail.
[28:11.240 --> 28:22.800]  So if you mail it to him and give five days for him to receive it and then a reasonable
[28:22.800 --> 28:30.720]  number of days for the response, say another five days, because it's an emergency writ,
[28:30.720 --> 28:36.320]  give him another 72 hours, so give him eight days.
[28:36.320 --> 28:47.360]  You can start filing, make a filing with the postal inspectors claiming that the jail is
[28:47.360 --> 28:54.280]  secret in writ of habeas corpus, is secret in documents that are mailed to a person.
[28:54.280 --> 29:01.080]  You need to mail it certified return receipt, see how they handle that, that they're secreting
[29:01.080 --> 29:03.960]  it from the person it's directed to.
[29:03.960 --> 29:08.600]  See, it doesn't matter if it goes to the facility and it doesn't matter if they can open it
[29:08.600 --> 29:10.600]  and look at it.
[29:10.600 --> 29:12.920]  They still have to give it to them.
[29:12.920 --> 29:18.280]  And if you send a certified return receipt, they're going to know that you're likely to
[29:18.280 --> 29:22.480]  call them to task, so that will probably get it to them.
[29:22.480 --> 29:28.160]  And remember when you write the writ, the petition for writ, that they're going to read
[29:28.160 --> 29:29.520]  it.
[29:29.520 --> 29:41.880]  So you use the petition for the writ to give them fair notes and the filing of it may actually
[29:41.880 --> 29:44.480]  take care of it for you.
[29:44.480 --> 29:49.960]  So kind of think of that when you're writing it, write it so it sounds most horrible for
[29:49.960 --> 29:50.960]  these guys.
[29:50.960 --> 29:56.880]  Okay, I don't know how many minutes left, we're about to go to break, so we'll pick
[29:56.880 --> 30:00.400]  the second one, let's go.
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[31:59.680 --> 32:06.840]  And we're talking to Nick from Philadelphia about writ of habeas corpus.
[32:08.040 --> 32:14.820]  So, do you know pretty well what facilities he's been through?
[32:15.760 --> 32:16.400]  Yes, I do.
[32:16.400 --> 32:18.820]  I have, that's all contained within that letter.
[32:19.360 --> 32:23.060]  And I would, at this point, I believe it is in his personal handwriting.
[32:23.060 --> 32:28.140]  So I think that that's good evidence that, you know, it's coming from him and not being,
[32:28.140 --> 32:34.760]  and I've written on his behalf, and therefore, I think that, you know, we could certainly use that.
[32:34.980 --> 32:39.840]  Now, if I were to, is there a means to include that letter within the writ itself in a way?
[32:39.960 --> 32:41.720]  You know, to include it as a piece of evidence?
[32:41.720 --> 32:43.000]  Absolutely.
[32:43.620 --> 32:47.860]  You include that as an attachment and make reference to it in the document.
[32:48.400 --> 32:48.780]  Okay.
[32:49.620 --> 32:52.520]  I would make lots of references to it in the document.
[32:53.520 --> 32:54.060]  Absolutely.
[32:54.060 --> 32:58.120]  Now, you've just, the body of the writ, the petition for the writ, that is,
[32:58.120 --> 33:05.320]  that you outlined in the last segment, that, where can I find that essential format from?
[33:05.320 --> 33:09.200]  Is that in the U.S. codes or where can I?
[33:11.200 --> 33:22.320]  Okay. Eddie just sent me a link that's about two miles long to the New Jersey code.
[33:22.320 --> 33:26.920]  Eddie, is that within Lexis, in this New Jersey code?
[33:26.920 --> 33:31.720]  No, it's actually from the New Jersey statutes itself.
[33:32.200 --> 33:42.400]  2A colon 42 dash 10.6 seems to be the beginning of the section dealing specifically with writs.
[33:43.040 --> 33:45.460]  Can you state that one more time, please?
[33:45.460 --> 33:51.920]  2A colon 42 dash 10.6.
[33:52.660 --> 34:00.920]  If you will send me an email to randyatlulawradio.com, I will send this link to you.
[34:02.080 --> 34:03.140]  Very good.
[34:03.140 --> 34:03.820]  I will do that.
[34:05.880 --> 34:08.480]  That way you need to go through that.
[34:08.480 --> 34:11.620]  Have you tried to locate a practice guide?
[34:11.620 --> 34:18.880]  Today, I think, was inopportune for that because a lot of the lawyers' offices were closed,
[34:18.880 --> 34:23.180]  if not anywhere else, the day before the holiday.
[34:23.180 --> 34:25.600]  Now, there is one other thing, Randy.
[34:25.600 --> 34:31.900]  Since he was actually adjudicated in a different state and sent to New Jersey to serve the time,
[34:32.260 --> 34:33.900]  where would he actually file the writ?
[34:34.480 --> 34:35.460]  That's not correct.
[34:35.460 --> 34:39.340]  Actually, no, that's all displaced in the state of New Jersey.
[34:39.680 --> 34:41.460]  Everything's displaced in the state of New Jersey.
[34:41.460 --> 34:42.580]  Okay. All right, I'm sorry.
[34:42.580 --> 34:48.380]  I was under the impression that he was transferred to New Jersey, that it was a different state.
[34:48.880 --> 34:49.540]  Yeah.
[34:50.360 --> 34:52.200]  No, it's all in-house.
[34:52.720 --> 34:53.000]  Okay.
[34:53.000 --> 34:58.380]  Okay. That would be very unusual to prosecute somebody for a state crime
[34:58.380 --> 34:59.720]  and then send them to another state.
[35:00.080 --> 35:01.920]  But they do do that sometimes.
[35:02.280 --> 35:06.460]  Texas was building prisons and housing people from other states.
[35:07.700 --> 35:09.940]  But as a rule, they don't do that.
[35:09.940 --> 35:18.660]  Once you find the statutes and go through those, if you'll send me a list
[35:18.660 --> 35:23.700]  of the pertinent statutes, I'll go into Lexis and see if I can pull
[35:23.700 --> 35:27.560]  down the annotations for those statutes.
[35:28.300 --> 35:29.060]  Okay.
[35:29.740 --> 35:32.860]  That'll give you plenty of case law to work with.
[35:34.500 --> 35:39.920]  Right. And now, I'm having a bit of difficulty understanding the diversity
[35:39.920 --> 35:46.060]  of the divergence or the dichotomy between the federal habeas rules and procedure
[35:46.060 --> 35:51.180]  versus the state level and why I'm reaching for state rules
[35:51.180 --> 35:53.620]  and procedures rather than just going straight to the federal.
[35:54.100 --> 35:56.860]  Yeah. Oh, that's a good point.
[35:57.220 --> 35:59.020]  Eddie, why are we looking in the state?
[36:00.460 --> 36:04.260]  We're going to file a federal, a federal habeas.
[36:05.380 --> 36:06.540]  What do you look up state for?
[36:06.540 --> 36:07.940]  Just because I told you to?
[36:07.940 --> 36:10.300]  Well, you know how that goes.
[36:10.300 --> 36:11.420]  Well, I mean, it can't hurt.
[36:11.420 --> 36:13.300]  So, I mean, real fast.
[36:13.300 --> 36:18.260]  So, what is the major impediment then at the state level other than, obviously,
[36:18.260 --> 36:21.620]  the conflict of interest where it's a state issue and we want to kind
[36:21.620 --> 36:23.760]  of avoid them with the petition, right?
[36:23.760 --> 36:25.700]  Is that simply the matter or?
[36:26.540 --> 36:31.840]  The feds will have a lot more influence over the state officials.
[36:32.620 --> 36:35.160]  Right. And I absolutely agree with that point.
[36:35.160 --> 36:39.620]  However, I was doing a bit of research myself today and what I found was
[36:39.620 --> 36:43.540]  that the federal intervention generally doesn't occur
[36:43.540 --> 36:47.580]  until all state remedies have been exhausted, although I may be looking
[36:47.580 --> 36:49.760]  at a piece of updated literature here.
[36:50.200 --> 36:52.700]  No, actually, that's pretty much how it works.
[36:53.180 --> 36:59.480]  But here, you have a, with the torture and abuse aspect,
[36:59.480 --> 37:01.280]  you have civil rights violations.
[37:01.780 --> 37:03.780]  Okay. So, that goes directly to federal.
[37:03.780 --> 37:08.420]  You don't have, for the civil right violation, there is no state remedy.
[37:09.120 --> 37:13.940]  Well, actually, New Jersey has a Title X Civil Rights Code.
[37:14.740 --> 37:18.780]  But the Title X does not supplant federal.
[37:19.340 --> 37:23.420]  If you have civil rights, make it and claim it anyway.
[37:24.740 --> 37:29.880]  If they, the point is you're not likely to ever get to the court with it.
[37:29.880 --> 37:35.660]  Just filing it and bringing this improper procedures to the attention
[37:35.660 --> 37:41.240]  of the federal court is likely to get everybody's attention and get this stopped.
[37:41.240 --> 37:43.260]  And that's what you want, primarily anyway.
[37:43.600 --> 37:46.760]  If you file it with the feds and the feds kick it back until you have
[37:46.760 --> 37:48.200]  to file it with the state, that's okay.
[37:48.200 --> 37:54.520]  Right. But now, you've got their attention and it's common when you file a writ this way,
[37:55.400 --> 37:57.800]  the stuff that was going on stops immediately.
[37:57.800 --> 38:00.020]  Absolutely.
[38:00.440 --> 38:05.720]  So, what I'll do is I'll send you some more questions about the procedural methods of it all.
[38:06.100 --> 38:11.320]  And right now, you had mentioned yesterday the possible remedy of bringing
[38:11.320 --> 38:14.020]  in the FBI into some capacity.
[38:14.060 --> 38:16.140]  Would you expound upon that for me?
[38:16.260 --> 38:25.920]  Well, make a, go to the FBI, this you can do, and take a copy of this letter and give it to them.
[38:25.920 --> 38:29.260]  Does it have the name of the person who produced it?
[38:30.560 --> 38:32.400]  Okay. I do have it.
[38:32.400 --> 38:33.340]  So, does it have the name?
[38:33.340 --> 38:36.800]  It needs to have that name, otherwise the feds won't be able to do anything with it.
[38:36.800 --> 38:43.740]  Good. Then, take that to the feds and make a complaint, a civil rights complaint to the feds.
[38:44.540 --> 38:49.300]  And good chance you'll get them to at least start asking questions.
[38:49.300 --> 38:51.360]  And that may act more quickly than the writ.
[38:51.360 --> 38:58.400]  Okay. So, I should, I should do them concurrently or should I, you know, make one primary?
[38:58.400 --> 38:59.000]  Concurrently.
[38:59.000 --> 39:01.000]  I should first go to the writ and then.
[39:01.520 --> 39:04.020]  Technically, under law, there are two separate issues.
[39:04.560 --> 39:04.840]  Right.
[39:05.400 --> 39:07.420]  One is the issue of what they're doing to him.
[39:07.420 --> 39:15.600]  The other is the issue of crimes that the FBI has a duty to investigate and,
[39:15.600 --> 39:26.520]  and the U.S. Attorneys have a duty to prosecute, regardless of the condition of the victim.
[39:27.660 --> 39:28.000]  Right.
[39:28.280 --> 39:32.460]  The fact that he's in jail and the fact that you're doing a red habeas corpus doesn't have anything
[39:32.460 --> 39:33.960]  to do with the crimes that were committed.
[39:33.960 --> 39:36.560]  So, yeah, absolutely do them both at the same time.
[39:37.640 --> 39:39.760]  Just raise as much stink as you can.
[39:39.760 --> 39:43.160]  Do you, now, Randy, do you have any case law that deals
[39:43.160 --> 39:46.360]  with cruel and unusual punishment of prisoners?
[39:46.360 --> 39:51.420]  I don't have it in my hand, but I'm, I can, well, we have statute in Texas
[39:51.420 --> 39:53.380]  that addresses that specifically.
[39:54.380 --> 39:57.260]  And it's going to be in the federal law, too.
[39:58.000 --> 40:03.320]  I suspect if you do cruel, unusual, federal, on a search engine,
[40:03.400 --> 40:06.060]  that you'll get ample hits on that.
[40:06.640 --> 40:09.060]  And if they refer to case law, you can't find.
[40:09.060 --> 40:15.580]  If you send me the cases, the numerical citation is the one I need,
[40:16.140 --> 40:18.700]  that I can go into Lexis and pull you down the cases.
[40:19.480 --> 40:26.220]  And when I pull the cases, I will shepardize them,
[40:26.680 --> 40:29.720]  so they'll give you other cases to bounce off of.
[40:30.640 --> 40:36.280]  And we have, we have Russell up, and I suspect he's going to have a comment on this issue.
[40:36.280 --> 40:39.300]  So, I'm going to bring Russell up at the same time.
[40:41.140 --> 40:42.020]  Russell, you there?
[40:42.900 --> 40:50.400]  Yeah. Every time I've filed in federal court on any kind of a habeas corpus,
[40:51.060 --> 40:55.480]  it's always been turned down because you have to exhaust your state remedies first.
[40:58.240 --> 41:02.440]  Have you filed a writ of habeas corpus based on civil rights violations?
[41:03.480 --> 41:03.880]  Yes.
[41:03.880 --> 41:09.920]  It's been five or six years ago, but they still turned it down, saying you have
[41:09.920 --> 41:14.820]  to exhaust your state remedies because those issues can be raised in state court.
[41:16.400 --> 41:17.700]  Okay. Now, Russell.
[41:17.700 --> 41:20.580]  My suggestion is, file it anyway.
[41:21.740 --> 41:26.600]  Right. Now, Russell, I mean, now your civil rights violations, do they deal with,
[41:27.400 --> 41:32.200]  to process, or are they, you know, on the issues of cruel and unusual punishment?
[41:32.200 --> 41:35.600]  Because I would say that this is, you know, certainly an exception
[41:35.600 --> 41:38.000]  to, and it's more urgent in its nature.
[41:38.180 --> 41:41.740]  Well, I would look at it that way, and you would look at it that way,
[41:41.740 --> 41:42.840]  but the federal court doesn't.
[41:44.080 --> 41:48.640]  Right. So, what were, I mean, Randy, then, what were mediations, either at the state level,
[41:48.640 --> 41:52.060]  other than these internal, like internal affairs, and I should mention this as well,
[41:52.400 --> 41:56.180]  that I spoke to his sister, and what she did, she didn't go with internal affairs.
[41:56.180 --> 42:00.180]  She actually filed a complaint, lodged a complaint with the Inspector General of New Jersey.
[42:00.180 --> 42:04.460]  So, and there hasn't been, they haven't followed up with her.
[42:04.720 --> 42:06.700]  Get this letter to the Inspector General.
[42:06.980 --> 42:09.580]  I believe she may have already done that.
[42:09.580 --> 42:12.300]  I'll verify, but, yeah, another complaint itself.
[42:12.300 --> 42:15.940]  Okay. Get as many people as you can to call the Inspector General.
[42:16.820 --> 42:18.380]  Do you have his number?
[42:19.420 --> 42:21.740]  Sure, I can, I'm sure I can access it.
[42:21.740 --> 42:22.900]  Do you need it right now, or something?
[42:23.500 --> 42:28.680]  Before the show's over, we'll give it out on the air, and ask all of our listeners
[42:28.680 --> 42:33.480]  to call in, for this, we'll need his name.
[42:33.480 --> 42:35.640]  Yeah, that'll be a great aid.
[42:35.640 --> 42:36.840]  I'll be able to get that.
[42:36.840 --> 42:40.820]  I may have to call her back, so I'll jump off the line, if necessary, to do that.
[42:41.380 --> 42:44.560]  I'll get all the appropriate information, and I'll drop that before the end of the show.
[42:45.000 --> 42:51.600]  But, yeah, so the state remedies, so what more, what more beyond lodging,
[42:51.600 --> 42:53.660]  like, internal complaints with the prison system?
[42:54.080 --> 42:57.340]  And, I mean, what, and then, I guess, would a habeas work this?
[42:57.340 --> 43:05.720]  What they generally talk about state remedies are, is you have to appeal your sentencing,
[43:06.160 --> 43:10.720]  you have to put on all your appeals, and once that's all exhausted, then you can think.
[43:10.720 --> 43:13.040]  Oh, wait, this has nothing to do with sentencing.
[43:13.040 --> 43:13.440]  Right.
[43:13.440 --> 43:16.140]  This has to do with immediate treatment.
[43:16.720 --> 43:22.100]  Right, this has to do with an individual who, an incarceree who's incommunicado,
[43:22.100 --> 43:29.560]  could be deceased for, you know, all that we know, and has no access to the outside world,
[43:29.560 --> 43:32.300]  has no forms of communication or recourse.
[43:32.300 --> 43:34.980]  So, we're basically doing all this on his behalf.
[43:37.820 --> 43:39.660]  This is what the writ was designed for.
[43:40.120 --> 43:41.440]  Okay, we're about to go to break.
[43:42.280 --> 43:45.820]  We'll pick back up on the other side, Randy Kelton, Debra Stephen,
[43:45.820 --> 43:48.140]  Eddie Craig, Lululah Radio.
[43:48.140 --> 43:52.540]  We'll be right back.
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[44:53.380 --> 45:19.180]  ["Ten Soldiers and Nixon Comin'"]
[45:19.180 --> 45:25.380]  Ten soldiers and Nixon comin', we're finally on our own.
[45:25.380 --> 45:31.380]  This summer I hear the drummin', for dead in a while.
[45:31.980 --> 45:37.980]  Gotta get down to it, go to that heart of yours found.
[45:37.980 --> 45:41.780]  Should have been done long ago.
[45:41.780 --> 45:49.780]  What if you blew her head and burned her dead on the ground?
[45:49.780 --> 45:53.780]  How can you run when you know?
[45:53.780 --> 46:11.780]  ["Ten Soldiers and Nixon Comin'"]
[46:11.780 --> 46:24.780]  Okay, we're back. Randy Kelton, Debra Stevens, Ula Law Radio, Eddie Craig, that music, okay.
[46:25.780 --> 46:28.780]  Okay, Nick, do you have anything more at the moment?
[46:29.780 --> 46:31.780]  I'm sorry, what did you ask for?
[46:31.780 --> 46:33.780]  Do you have anything more at the moment?
[46:34.780 --> 46:39.780]  As far as, like, information about the Inspector General, or...
[46:39.780 --> 46:44.780]  Anything else you want to address at the moment before you drop off and get the other information?
[46:45.780 --> 46:47.780]  Yeah, I wouldn't say so.
[46:47.780 --> 46:55.780]  I mean, other than dealing with the matter of what remedies I should first have to address at the state level
[46:55.780 --> 47:00.780]  before we even attempt to file it on the federal level so they don't shoot it down.
[47:00.780 --> 47:07.780]  But then again, as you, I think you correctly distinguished that it is a matter of extreme urgency
[47:07.780 --> 47:13.780]  where, I mean, it involves state agencies and I think that it would be out of their jurisdiction, so to speak.
[47:13.780 --> 47:20.780]  So I would all do, personally I would file it and go ahead and file it both state and federal.
[47:21.780 --> 47:25.780]  Yeah, simultaneous. And they roughly have the same substance, right, Randy?
[47:26.780 --> 47:27.780]  Yes.
[47:28.780 --> 47:35.780]  The thing about a writ is, as a rule, and it's in Texas law, that it cannot be denied for lack of form.
[47:35.780 --> 47:43.780]  They do, but for the most part, if they do deny it, they will tell you why.
[47:44.780 --> 47:50.780]  A friend of mine filed an appeal in Pennsylvania to the Supreme Court,
[47:51.780 --> 47:58.780]  and they sent him back a 35-page document explaining everything that was wrong with his filing.
[47:59.780 --> 48:00.780]  I was impressed.
[48:00.780 --> 48:05.780]  So don't be so particular about getting everything right.
[48:05.780 --> 48:07.780]  This is an emergency writ.
[48:08.780 --> 48:12.780]  If you have basically the substance in there, just get it to them.
[48:12.780 --> 48:18.780]  If they don't like it, they'll most likely tell you why they don't like it, and then you can correct it.
[48:18.780 --> 48:24.780]  And then you only have to correct what they address, and you can get it back to them.
[48:24.780 --> 48:31.780]  So don't be too particular. Just get the basics in there and get it to them.
[48:32.780 --> 48:38.780]  Okay. All right. So I'll just grab that number, and I'll give you a call back as soon as I have it, right?
[48:38.780 --> 48:40.780]  Okay. All right. We will be here.
[48:41.780 --> 48:43.780]  Sounds good. Thank you, Randy. Bye now.
[48:44.780 --> 48:45.780]  Okay, Russell.
[48:45.780 --> 48:54.780]  I've got a little strange thing happen today is, you know, I filed my petition for discretionary review
[48:54.780 --> 49:00.780]  into the Court of Criminal Appeals for my two cases, like a month and a half ago.
[49:00.780 --> 49:08.780]  And all of a sudden I get two more cards in the mail today saying that they've just been received and filed by the Court of Criminal Appeals.
[49:10.780 --> 49:11.780]  What?
[49:11.780 --> 49:16.780]  It said received and filed. It didn't say accepted and filed or anything.
[49:16.780 --> 49:23.780]  Yeah, it's like I just didn't file them again. I'm going, this is strange.
[49:24.780 --> 49:26.780]  And you sent them in when?
[49:26.780 --> 49:34.780]  They were due a month and a half ago.
[49:34.780 --> 49:40.780]  That raises an interesting question. What's the remedy?
[49:40.780 --> 49:48.780]  They were sent in. I walked them down there myself and filed them.
[49:48.780 --> 49:53.780]  I watched the lady pick them up, walk them over to the Court of Criminal Appeals, and they filed them.
[49:53.780 --> 49:57.780]  I got the cards in the mail saying that they had been received.
[49:57.780 --> 50:08.780]  Then all of a sudden here today I get cards from the Court of Criminal Appeals saying that they were received and filed on the 2nd of July.
[50:08.780 --> 50:11.780]  I'm going, what's going on here?
[50:11.780 --> 50:13.780]  What is the remedy?
[50:13.780 --> 50:19.780]  Okay, I'm trying to figure out how could they be filed twice?
[50:19.780 --> 50:23.780]  Yeah, well, they're trying to reset the clock.
[50:23.780 --> 50:25.780]  That's what it looks like.
[50:25.780 --> 50:27.780]  What's the remedy?
[50:27.780 --> 50:36.780]  Well, the state didn't even answer. The state had 30 days to answer what I filed over 30 days ago.
[50:36.780 --> 50:38.780]  The state didn't respond.
[50:38.780 --> 50:53.780]  Maybe the remedy will be since the state did not answer, then what you filed must be taken as true, then move for summary judgment.
[50:53.780 --> 51:00.780]  I don't know. This is appeals. This is really beyond my scope.
[51:00.780 --> 51:10.780]  Yeah, and then the two habeas I filed for my wife down in Haines County, tomorrow they'll be 65 days old now without hearing the words of the court.
[51:10.780 --> 51:18.780]  You need to file criminal charges against the judge for exceeding the 72-hour time limit.
[51:18.780 --> 51:22.780]  Well, no, they've got 60 days guarding their statutes.
[51:22.780 --> 51:24.780]  For habeas corpus?
[51:24.780 --> 51:25.780]  Yes.
[51:25.780 --> 51:33.780]  If they have 60 days, if they don't do anything else, if the court's closed for 60 days.
[51:33.780 --> 51:41.780]  Under their statutes, under Chapter 11, 11.721, under a person with community service, they have 60 days.
[51:41.780 --> 51:45.780]  Oh, okay, I'm sorry. Again, this is post-conviction.
[51:45.780 --> 51:47.780]  Right.
[51:47.780 --> 51:49.780]  They have to keep going back to pre-conviction.
[51:49.780 --> 51:54.780]  It's 65 days tomorrow, so there's been nothing from the court at all, period.
[51:54.780 --> 51:58.780]  What's the remedy again?
[51:58.780 --> 52:06.780]  I think I have to kick it up to the next highest court if I don't hear something by Tuesday or Wednesday.
[52:06.780 --> 52:14.780]  Well, there should be a remedy. If you get no ruling in this court, what would be the remedy?
[52:14.780 --> 52:20.780]  Well, there is a remedy. Unfortunately, I don't know if we have enough rope and tree branches in Texas to supply them all.
[52:20.780 --> 52:32.780]  There has to be a remedy in law. If a court has a duty to take an action and doesn't take that action, it harms you.
[52:32.780 --> 52:39.780]  So would the remedy be summary dismissal?
[52:39.780 --> 52:42.780]  I've got to do some research or something.
[52:42.780 --> 52:52.780]  Yeah, somehow I doubt that since it's already a conviction. It's probably not going to be summary dismissal, but there has to be a remedy.
[52:52.780 --> 52:55.780]  One of the remedies may be to sue the judge personally.
[52:55.780 --> 53:01.780]  But as soon as I got those two cards in the mail today, I thought it was a turn down for the discretionary review.
[53:01.780 --> 53:11.780]  And when I read it, it said that the court acknowledges receipt and filed the petition for discretionary review in the court on the 2nd of July.
[53:11.780 --> 53:13.780]  Who sent you that?
[53:13.780 --> 53:15.780]  The court of criminal appeals.
[53:15.780 --> 53:17.780]  Well, who at the court? Was it a clerk?
[53:17.780 --> 53:18.780]  The clerk.
[53:18.780 --> 53:28.780]  Who filed charges against the clerk for tampering with the government document?
[53:28.780 --> 53:32.780]  That'd get your attention.
[53:32.780 --> 53:43.780]  It may say, what do you mean tampering? You can just say, well, look, I've got two different things here. It says these same documents were filed twice. So obviously somebody's been up to something.
[53:43.780 --> 53:49.780]  Someone secreted these documents from the court record for 60 days.
[53:49.780 --> 54:00.780]  Well, why would the same court of criminal appeals sent me the notices, you know, a month and a half ago when I filed it the first time, saying that they had been filed?
[54:00.780 --> 54:06.780]  Let the clerk explain that part.
[54:06.780 --> 54:16.780]  The clerk sent you this notice and then secreted the documents from the court of appeals. Otherwise, the court of criminal appeals would have answered your filing already.
[54:16.780 --> 54:24.780]  Well, they got up to 18 months, from what I understand. They could take up to 18 months on discretionary review.
[54:24.780 --> 54:31.780]  Oh, okay. So this is not such a serious issue then?
[54:31.780 --> 54:33.780]  No.
[54:33.780 --> 54:45.780]  So you are not injured yet until the 18-month time limits ran out. After 18 months, then you can show injury.
[54:45.780 --> 54:51.780]  So at this point, it's no harm, no foul.
[54:51.780 --> 54:59.780]  It's just a procedural something or other unless they try to add the 60 days on the end.
[54:59.780 --> 55:02.780]  Okay. I guess that makes sense.
[55:02.780 --> 55:11.780]  But still, you know, at first I thought I must be misreading something and I just put it down and walked away from it and went back to it later and read it again.
[55:11.780 --> 55:18.780]  And I thought, sure, I was reading it wrong, but it said no, it was just received and filed.
[55:18.780 --> 55:21.780]  It might just be a glitch.
[55:21.780 --> 55:22.780]  Yeah.
[55:22.780 --> 55:25.780]  So it could be worse.
[55:25.780 --> 55:26.780]  Yeah.
[55:26.780 --> 55:27.780]  Oh, okay.
[55:27.780 --> 55:28.780]  Okay. Well, I just…
[55:28.780 --> 55:30.780]  Do you have anything else, Russell?
[55:30.780 --> 55:32.780]  No, that's it.
[55:32.780 --> 55:33.780]  Okay.
[55:33.780 --> 55:34.780]  Thank you, Larry.
[55:34.780 --> 55:35.780]  Okay. Thank you, Russell.
[55:35.780 --> 55:37.780]  Right.
[55:37.780 --> 55:45.780]  Okay. We're going to go back to – I'm going to try to get my caller page to come back up.
[55:45.780 --> 55:47.780]  We have Michael and Texas up right now.
[55:47.780 --> 55:48.780]  Yeah, I saw that.
[55:48.780 --> 55:49.780]  Okay.
[55:49.780 --> 55:52.780]  Then I wanted to go back to subject matter jurisdiction.
[55:52.780 --> 55:58.780]  We didn't get to finish last night, but I'll take Michael next and then we'll go back to that.
[55:58.780 --> 56:00.780]  Michael, you there?
[56:00.780 --> 56:01.780]  Yeah, I'm here.
[56:01.780 --> 56:02.780]  Randy, can you hear me?
[56:02.780 --> 56:03.780]  Yes, I can.
[56:03.780 --> 56:04.780]  Yes, I can.
[56:04.780 --> 56:05.780]  Yeah.
[56:05.780 --> 56:10.780]  I didn't go through a screener, so I was surprised to just immediately find myself on everybody.
[56:10.780 --> 56:18.780]  Anyway, I called last Monday and we were talking about Aventura jurisdiction
[56:18.780 --> 56:24.780]  and how you couldn't find the case where it wasn't salty enough.
[56:24.780 --> 56:32.780]  And the question that I had for you that I've been thinking about since you gave me your response
[56:32.780 --> 56:41.780]  was if an individual is changing their political status and they're filing their UCC-1
[56:41.780 --> 56:50.780]  and they're informing all of these agencies and government about their political status,
[56:50.780 --> 56:59.780]  does that at all put them in a different venue where their status places them in Admiralty?
[56:59.780 --> 57:00.780]  No.
[57:00.780 --> 57:03.780]  Is that question making any sense?
[57:03.780 --> 57:08.780]  Yeah, it makes sense, but no, it has nothing to do with Admiralty.
[57:08.780 --> 57:18.780]  Everything I read on Admiralty has to do with enterprise on the high seas.
[57:18.780 --> 57:27.780]  I can't find anything that gets you off the high seas or navigable waterways.
[57:27.780 --> 57:33.780]  Now, are you talking about statute law or are you talking about Uniform Commercial Code?
[57:33.780 --> 57:37.780]  Uniform Commercial Code doesn't go to Admiralty anyway.
[57:37.780 --> 57:39.780]  It's separate.
[57:39.780 --> 57:41.780]  Uniform Commercial Code is commercial law,
[57:41.780 --> 57:50.780]  and these filings will be addressed in commercial law, not in Admiralty.
[57:50.780 --> 57:56.780]  So far as I can tell, unless I've missed something, there's been so much to do about this
[57:56.780 --> 58:05.780]  and so many people claiming Admiralty that I tend to assume that I must have missed something,
[58:05.780 --> 58:11.780]  but I found absolutely nothing that would get me to Admiralty and everything to keep me away from it.
[58:11.780 --> 58:12.780]  We're about to go to break.
[58:12.780 --> 58:15.780]  Hang on, we'll pick this up on the other side.
[58:15.780 --> 58:27.780]  David Kelton, Debra Stevens, Eddie Craig, Rule of Law Radio, we'll be right back.
[58:45.780 --> 58:47.780]  We'll be right back.
[59:15.780 --> 59:17.780]  We'll be right back.
[59:45.780 --> 01:00:05.780]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[01:00:05.780 --> 01:00:28.780]  Live free speech talk radio at its best.
[01:00:28.780 --> 01:00:40.780]  Forget sounds good, forget I'm not sure I could.
[01:00:40.780 --> 01:00:52.780]  They say time heals everything, but I'm still waiting.
[01:00:52.780 --> 01:00:58.780]  I'm through with doubt.
[01:00:58.780 --> 01:01:03.780]  There's nothing left for me, for me.
[01:01:03.780 --> 01:01:12.780]  I'll pay the price and I'll keep paying.
[01:01:12.780 --> 01:01:15.780]  Okay, Randy Kelton, Debra Stevens, we're back.
[01:01:15.780 --> 01:01:20.780]  Rule of Law Radio, Eddie Craig.
[01:01:20.780 --> 01:01:22.780]  Okay, Michael.
[01:01:22.780 --> 01:01:25.780]  Yeah, Randy, I just had one more question for you.
[01:01:25.780 --> 01:01:34.780]  When I called on last Monday, I was basically calling in asking if you had any luck filing any of these documents
[01:01:34.780 --> 01:01:42.780]  with the county registrar's office, and I guess the document that I'm curious about is the active state document.
[01:01:42.780 --> 01:01:48.780]  Did you ever get that document filed, and if you did, was it a difficult process?
[01:01:48.780 --> 01:01:53.780]  No, I got my face smashed into a wall and thrown in jail,
[01:01:53.780 --> 01:01:59.780]  and now I'm being prosecuted for criminal trespass over trying to file that document.
[01:01:59.780 --> 01:02:06.780]  Did you go to the UCC office here in Austin to go for that?
[01:02:06.780 --> 01:02:14.780]  They have an office that does appa steals, but they didn't like my document.
[01:02:14.780 --> 01:02:23.780]  So if I went in there and maybe tried to be as polite as I possibly could,
[01:02:23.780 --> 01:02:26.780]  do you think I might have any luck filing that document?
[01:02:26.780 --> 01:02:28.780]  Not a chance.
[01:02:28.780 --> 01:02:29.780]  No need.
[01:02:29.780 --> 01:02:31.780]  Don't even waste your time with it.
[01:02:31.780 --> 01:02:32.780]  You can file it online.
[01:02:32.780 --> 01:02:34.780]  You don't need to mess with these guys.
[01:02:34.780 --> 01:02:36.780]  Okay, that's what I needed to know.
[01:02:36.780 --> 01:02:39.780]  Thank you for your time, Randy.
[01:02:39.780 --> 01:02:41.780]  We have Debra on the satellite phone.
[01:02:41.780 --> 01:02:45.780]  Is there a way, Eddie, can we bring her in?
[01:02:45.780 --> 01:02:49.780]  I'm trying to get the page up where I can get her in right now.
[01:02:49.780 --> 01:02:53.780]  Okay, we'll keep going until Eddie brings her in.
[01:02:53.780 --> 01:02:55.780]  Okay, here we go.
[01:02:55.780 --> 01:02:57.780]  Deb, you there?
[01:02:57.780 --> 01:03:01.780]  Yeah, I've been waiting on home for like 10 minutes, you guys.
[01:03:01.780 --> 01:03:04.780]  The page is all screwed up, Debra.
[01:03:04.780 --> 01:03:05.780]  It's not giving us a caller list.
[01:03:05.780 --> 01:03:07.780]  We have to keep refreshing it.
[01:03:07.780 --> 01:03:08.780]  It's not doing it itself.
[01:03:08.780 --> 01:03:09.780]  Okay, all right, all right.
[01:03:09.780 --> 01:03:12.780]  Well, at any rate, I'm here at the rainbow.
[01:03:12.780 --> 01:03:19.780]  So far there haven't been any incidents inside the gathering that I have seen so far.
[01:03:19.780 --> 01:03:23.780]  Looks like there was sort of an in, almost was an incident tonight.
[01:03:23.780 --> 01:03:29.780]  The feds came through with a real aggro vibe with their cameras,
[01:03:29.780 --> 01:03:33.780]  and they were on a mission to like photograph as many people as they could.
[01:03:33.780 --> 01:03:38.780]  And so there was about 20 people that were following behind them and all around them
[01:03:38.780 --> 01:03:42.780]  and in front of them taking pictures of them and video of them,
[01:03:42.780 --> 01:03:44.780]  and they're all pulling their caps down
[01:03:44.780 --> 01:03:48.780]  and grooving with their dark glasses trying to hide their faces and everything.
[01:03:48.780 --> 01:03:54.780]  And I think we may have gotten videotape with the face and the badge number
[01:03:54.780 --> 01:03:59.780]  and name of the guy that harassed us in the parking lot on the way in.
[01:03:59.780 --> 01:04:01.780]  Wonderful.
[01:04:01.780 --> 01:04:07.780]  I called into agenda 21 on Tuesday night right after it happened.
[01:04:07.780 --> 01:04:10.780]  I'll just tell the story again for the listeners who may not have heard.
[01:04:10.780 --> 01:04:13.780]  We're coming into the gathering, and this is in New Mexico, right?
[01:04:13.780 --> 01:04:16.780]  This is right north of Cuba in the National Forest.
[01:04:16.780 --> 01:04:24.780]  And we're going straight on a road that turns into Forest Road 103 from 126,
[01:04:24.780 --> 01:04:25.780]  and it's not even a turn.
[01:04:25.780 --> 01:04:29.780]  You go straight and you'll see there's a sign with an arrow that points straight ahead.
[01:04:29.780 --> 01:04:31.780]  And in fact, I'm going to go back, drive back around,
[01:04:31.780 --> 01:04:36.780]  and take a picture of that sign and the intersection if that's what you want to call it.
[01:04:36.780 --> 01:04:39.780]  Anyway, we get called over for not using a blinker.
[01:04:39.780 --> 01:04:44.780]  We're going straight on a road that turns from 126 into 103.
[01:04:44.780 --> 01:04:49.780]  So anyway, the guy wants my license and papers and everything,
[01:04:49.780 --> 01:04:54.780]  so I give him my driver's license, registration, inspections up to date, you know,
[01:04:54.780 --> 01:04:55.780]  insurance up to date.
[01:04:55.780 --> 01:04:57.780]  He's trying to harass me and say, well, I see the sticker.
[01:04:57.780 --> 01:05:02.780]  It says 0709, so that's going to be expiring like today, right?
[01:05:02.780 --> 01:05:06.780]  And I said, no, that's through the month of July in Texas.
[01:05:06.780 --> 01:05:08.780]  Oh, oh, oh.
[01:05:08.780 --> 01:05:09.780]  So they run my license.
[01:05:09.780 --> 01:05:14.780]  They come back, and they're like, okay, we're going to run our dog around your car now.
[01:05:14.780 --> 01:05:16.780]  They didn't even ask our consent.
[01:05:16.780 --> 01:05:17.780]  They didn't even ask our permission.
[01:05:17.780 --> 01:05:19.780]  They just informed us that they were going to do that.
[01:05:19.780 --> 01:05:24.780]  And they have to...
[01:05:24.780 --> 01:05:27.780]  Uh-oh, we might have lost her.
[01:05:27.780 --> 01:05:28.780]  Maybe.
[01:05:28.780 --> 01:05:30.780]  Okay.
[01:05:30.780 --> 01:05:33.780]  The caller page still shows her connected.
[01:05:33.780 --> 01:05:36.780]  Yeah, but that satellite phone, it takes a while.
[01:05:36.780 --> 01:05:37.780]  And she may come back.
[01:05:37.780 --> 01:05:39.780]  It drifts down, and then it drifts out.
[01:05:39.780 --> 01:05:43.780]  I was talking to her earlier, and it was a real problem.
[01:05:43.780 --> 01:05:44.780]  Okay.
[01:05:44.780 --> 01:05:49.780]  But if she doesn't come back, they run the drug dog around her car,
[01:05:49.780 --> 01:05:55.780]  and then they pulled everything out of it, searched everything, found nothing.
[01:05:55.780 --> 01:05:57.780]  They searched it without a warrant?
[01:05:57.780 --> 01:05:59.780]  Yep.
[01:05:59.780 --> 01:06:01.780]  And without a dog alert?
[01:06:01.780 --> 01:06:08.780]  Oh, they got a dog alert, but Deborah saw the guy signal the dog.
[01:06:08.780 --> 01:06:15.780]  Now, the problem with these dogs is they couldn't find Dopey if it was right under their nose.
[01:06:15.780 --> 01:06:20.780]  The only way they alert is when the handler signals them to alert.
[01:06:20.780 --> 01:06:29.780]  So clearly, they were just jerking people around, and this has kind of been a standard procedure
[01:06:29.780 --> 01:06:33.780]  at the Rainbow from the beginning.
[01:06:33.780 --> 01:06:34.780]  Oh, good, good.
[01:06:34.780 --> 01:06:35.780]  You're back.
[01:06:35.780 --> 01:06:36.780]  What?
[01:06:36.780 --> 01:06:37.780]  Hello?
[01:06:37.780 --> 01:06:38.780]  Okay, you're back?
[01:06:38.780 --> 01:06:42.780]  Yeah, you faded out right about the dog going around your car.
[01:06:42.780 --> 01:06:44.780]  Oh, dog going around my car.
[01:06:44.780 --> 01:06:46.780]  So you missed everything I said after that?
[01:06:46.780 --> 01:06:47.780]  Yes.
[01:06:47.780 --> 01:06:51.780]  Okay, did you hear the part where I said he signaled the dog?
[01:06:51.780 --> 01:06:52.780]  No.
[01:06:52.780 --> 01:06:53.780]  Okay.
[01:06:53.780 --> 01:06:55.780]  Well, I really got to back up.
[01:06:55.780 --> 01:06:56.780]  All right.
[01:06:56.780 --> 01:06:59.780]  The guy was signaling his dog.
[01:06:59.780 --> 01:07:02.780]  I saw him in the rearview mirror of my car.
[01:07:02.780 --> 01:07:04.780]  Okay, he was signaling the dog.
[01:07:04.780 --> 01:07:05.780]  Come on, boy, come on, boy.
[01:07:05.780 --> 01:07:06.780]  I could even hear him.
[01:07:06.780 --> 01:07:07.780]  All right.
[01:07:07.780 --> 01:07:12.780]  And so he comes around to the side of the car to where I was driving.
[01:07:12.780 --> 01:07:13.780]  Jerry was in the front seat.
[01:07:13.780 --> 01:07:14.780]  David was in the back seat.
[01:07:14.780 --> 01:07:15.780]  All right.
[01:07:15.780 --> 01:07:21.780]  And he says, well, my dog has signaled me that there's some controlled substance in your front.
[01:07:21.780 --> 01:07:24.780]  And I knew it was a lie because we didn't have anything.
[01:07:24.780 --> 01:07:27.780]  Okay, plus I saw him signal the dog.
[01:07:27.780 --> 01:07:28.780]  All right.
[01:07:28.780 --> 01:07:29.780]  Are you all still here?
[01:07:29.780 --> 01:07:30.780]  Can you all hear me?
[01:07:30.780 --> 01:07:31.780]  Yes.
[01:07:31.780 --> 01:07:32.780]  Hello?
[01:07:32.780 --> 01:07:33.780]  Yeah, we can hear you.
[01:07:33.780 --> 01:07:34.780]  Can you all still there?
[01:07:34.780 --> 01:07:35.780]  Can you all hear me?
[01:07:35.780 --> 01:07:36.780]  Yes.
[01:07:36.780 --> 01:07:37.780]  Yes, we can hear you.
[01:07:37.780 --> 01:07:41.780]  Okay, I'm going to stop periodically and ask so I don't just pause for 10 minutes again.
[01:07:41.780 --> 01:07:42.780]  Okay, anyways.
[01:07:42.780 --> 01:07:43.780]  Okay.
[01:07:43.780 --> 01:07:49.780]  So they made Jerry and David get out of the car and they searched Jerry and David personally.
[01:07:49.780 --> 01:07:52.780]  Like they didn't even ask them to empty their pockets.
[01:07:52.780 --> 01:07:55.780]  They were taking stuff out of their pockets.
[01:07:55.780 --> 01:08:02.780]  They held their hands together with one hand and then they took stuff out of their pockets with their other hands.
[01:08:02.780 --> 01:08:03.780]  Okay.
[01:08:03.780 --> 01:08:09.780]  So after they did that and patted them down, then they made Jerry and David go stand on the other side of the road.
[01:08:09.780 --> 01:08:14.780]  And then they came around the side of the car where I was because I was driving and then they asked me to get out.
[01:08:14.780 --> 01:08:22.780]  And I'm like, just try it, Betty, because you're going to get a sexual assault charged on your butt if you even try to touch me.
[01:08:22.780 --> 01:08:25.780]  Well, fortunately, they did not try to touch me.
[01:08:25.780 --> 01:08:31.780]  They just looked at me and they said, okay, go stand on the other side of the road with them.
[01:08:31.780 --> 01:08:34.780]  Okay, so I went and stood on the other side of the road too.
[01:08:34.780 --> 01:08:38.780]  And then they proceeded to tear our entire car apart, everything.
[01:08:38.780 --> 01:08:40.780]  They took everything out of the car.
[01:08:40.780 --> 01:08:48.780]  And they searched David's pack that he had in the car in the backseat with him and Jerry's guitar case and my purse
[01:08:48.780 --> 01:08:54.780]  and anything like kind of bags and stuff that was like laying either in the front seat or the backseat.
[01:08:54.780 --> 01:08:55.780]  They searched everything.
[01:08:55.780 --> 01:08:58.780]  They took everything out of the trunk and put it on the side of the road.
[01:08:58.780 --> 01:09:00.780]  And are you all still hearing me now?
[01:09:00.780 --> 01:09:01.780]  Yeah.
[01:09:01.780 --> 01:09:02.780]  Yeah, we hear you.
[01:09:02.780 --> 01:09:03.780]  Okay.
[01:09:03.780 --> 01:09:04.780]  Okay, great.
[01:09:04.780 --> 01:09:12.780]  They proceeded to run the dog around inside my car and all around our stuff for like the next 30 minutes at least.
[01:09:12.780 --> 01:09:18.780]  And the dog's not signaling, okay, because we didn't have anything.
[01:09:18.780 --> 01:09:24.780]  All right, and so they're just running the dog around, running the dog around, tearing apart David's pack,
[01:09:24.780 --> 01:09:30.780]  tearing apart my purse, tearing apart my car, okay, taking the headliner lamp off.
[01:09:30.780 --> 01:09:34.780]  They took everything out of the trunk. They took the bottom of the trunk out.
[01:09:34.780 --> 01:09:38.780]  They're looking in the wheel well of where the spare tire is.
[01:09:38.780 --> 01:09:40.780]  They're taking apart the jack.
[01:09:40.780 --> 01:09:42.780]  They didn't put everything back properly.
[01:09:42.780 --> 01:09:44.780]  Okay, I'm going to have to fix it when I get home.
[01:09:44.780 --> 01:09:46.780]  All right, they tore up the carpet.
[01:09:46.780 --> 01:09:50.780]  I mean, you name it, they practically tore apart my entire car, okay.
[01:09:50.780 --> 01:09:54.780]  And this went on for I would say about an hour and a half while we're sitting there.
[01:09:54.780 --> 01:09:58.780]  And it's starting to get dark and I'm getting really pissed, okay,
[01:09:58.780 --> 01:10:01.780]  because I wanted to get here in time to set up camp before dark.
[01:10:01.780 --> 01:10:05.780]  Well, anyway, after about an hour and a half of all this,
[01:10:05.780 --> 01:10:09.780]  and they didn't start searching our other bags that were in the trunk, not yet.
[01:10:09.780 --> 01:10:15.780]  The head guy, the main dude comes over, which we've got a picture of him now at least finally
[01:10:15.780 --> 01:10:19.780]  so we can like use pre-mitigation discovery to find out who he is,
[01:10:19.780 --> 01:10:22.780]  if his name didn't show up very well in the photograph.
[01:10:22.780 --> 01:10:24.780]  But anyway, he comes over to us and he's like,
[01:10:24.780 --> 01:10:29.780]  well, you know, I've been working with this job for a long time and, you know,
[01:10:29.780 --> 01:10:34.780]  my job is picking up some presence of some heavy narcotics in your car
[01:10:34.780 --> 01:10:36.780]  and in you guys' stuff.
[01:10:36.780 --> 01:10:41.780]  So is there anything you want to tell me before we bring out the female officer to search the lady?
[01:10:41.780 --> 01:10:44.780]  And we're like, no.
[01:10:44.780 --> 01:10:45.780]  And he's like, well, are you sure?
[01:10:45.780 --> 01:10:48.780]  Because, you know, if y'all just have a pipe or something,
[01:10:48.780 --> 01:10:53.780]  then just tell us where it is so that we can write you a ticket and just be on your way
[01:10:53.780 --> 01:10:58.780]  instead of me having to have a female officer come out and search the lady, you know,
[01:10:58.780 --> 01:11:01.780]  because if we find anything really, really serious,
[01:11:01.780 --> 01:11:04.780]  then people are going to go to jail and, you know, we don't want that.
[01:11:04.780 --> 01:11:08.780]  And I'm thinking, whatever, Dave, bring it on, okay?
[01:11:08.780 --> 01:11:15.780]  And so David, he wanted to put a stop to this in a big way because it was getting dark
[01:11:15.780 --> 01:11:18.780]  and he didn't want to sit there and wait for this female officer to come out
[01:11:18.780 --> 01:11:22.780]  because I don't even think they have any, okay, I'm not sure at this level.
[01:11:22.780 --> 01:11:24.780]  This was the incident management team guys.
[01:11:24.780 --> 01:11:25.780]  I recognize them again.
[01:11:25.780 --> 01:11:26.780]  Same guys.
[01:11:26.780 --> 01:11:29.780]  For the last, like, 10-plus years.
[01:11:29.780 --> 01:11:35.780]  So at any rate, David says, well, you know, I let my friend borrow my tent, you know,
[01:11:35.780 --> 01:11:39.780]  and he just returned it last night, so, and I hadn't, like, looked through it or anything.
[01:11:39.780 --> 01:11:41.780]  He may have left something in there.
[01:11:41.780 --> 01:11:48.780]  Well, David was just trying to leave his case, okay, and, like, do a pattern interruption.
[01:11:48.780 --> 01:11:51.780]  And so the guy thought that he was admitting to something.
[01:11:51.780 --> 01:11:55.780]  And so this dude's all like, well, hey, there's your quote, friend,
[01:11:55.780 --> 01:11:57.780]  and he's doing, like, the air quote.
[01:11:57.780 --> 01:11:58.780]  He's like, smoke?
[01:11:58.780 --> 01:12:00.780]  And David goes, I don't know.
[01:12:00.780 --> 01:12:05.780]  He's not that good of a friend.
[01:12:05.780 --> 01:12:06.780]  Are you all still with me?
[01:12:06.780 --> 01:12:07.780]  Yeah, we're here.
[01:12:07.780 --> 01:12:08.780]  Guys?
[01:12:08.780 --> 01:12:09.780]  Yeah, we're here.
[01:12:09.780 --> 01:12:10.780]  You're still with me?
[01:12:10.780 --> 01:12:14.780]  Okay, did you hear what I said about what David said?
[01:12:14.780 --> 01:12:15.780]  Yes.
[01:12:15.780 --> 01:12:17.780]  About he's not that good of a friend?
[01:12:17.780 --> 01:12:22.780]  Okay, so anyways, the guy just gets this room, this tower look on his face,
[01:12:22.780 --> 01:12:26.780]  and he opens up David's tent bag, and he starts reaching his hand in there
[01:12:26.780 --> 01:12:29.780]  and fishing around, of course, not finding anything.
[01:12:29.780 --> 01:12:35.780]  And so he zips up the bag, and he's all frustrated, stomping, his feet and everything,
[01:12:35.780 --> 01:12:39.780]  and he's all, well, all right, you all have two choices.
[01:12:39.780 --> 01:12:43.780]  You can either, we can put yourself back in your car, or I can put,
[01:12:43.780 --> 01:12:45.780]  or you all can put yourself back in your car,
[01:12:45.780 --> 01:12:48.780]  and then you all are free to go after that.
[01:12:48.780 --> 01:12:50.780]  I'm not going to call the female officer.
[01:12:50.780 --> 01:12:53.780]  All right, okay, well, I'm going to put my own stuff back in my car,
[01:12:53.780 --> 01:12:58.780]  because it took me like two hours to pack this car, right, and it's getting dark,
[01:12:58.780 --> 01:13:00.780]  and like we really need to get going.
[01:13:00.780 --> 01:13:02.780]  So we threw everything back in the car.
[01:13:02.780 --> 01:13:05.780]  David's all hunkered down in the back, because his back seat's totally full,
[01:13:05.780 --> 01:13:10.780]  because there was no way I could pack the car the way I did when I left Austin.
[01:13:10.780 --> 01:13:12.780]  So anyway, that was that,
[01:13:12.780 --> 01:13:16.780]  and we were not able to get their license plate numbers because of the way that they had.
[01:13:16.780 --> 01:13:17.780]  They were parked and everything,
[01:13:17.780 --> 01:13:20.780]  and I wasn't about to just start harassing them for their names,
[01:13:20.780 --> 01:13:25.780]  because I didn't want to encourage more harassment from them because it was getting dark,
[01:13:25.780 --> 01:13:28.780]  and we needed to get in here instead of camp.
[01:13:28.780 --> 01:13:31.780]  But it looks like enough people have been harassed in this way,
[01:13:31.780 --> 01:13:35.780]  and enough people around here are talking, filing lawsuits.
[01:13:35.780 --> 01:13:38.780]  We may actually even have a class action suit here,
[01:13:38.780 --> 01:13:44.780]  and I've gathered a lot of names, and I'm in touch with a lot of people.
[01:13:44.780 --> 01:13:49.780]  There's actually some lawyers out here that have been doing this crap for years and years and years.
[01:13:49.780 --> 01:13:52.780]  They've been just waiting for a case just like mine,
[01:13:52.780 --> 01:13:58.780]  somebody who's tenacious to go after it, where you've got somebody that's been pulled over,
[01:13:58.780 --> 01:14:04.780]  no probable cause to search, bring out the dog, no probable cause, search through everything,
[01:14:04.780 --> 01:14:08.780]  and search people's pockets and everything with no probable cause and find nothing.
[01:14:08.780 --> 01:14:11.780]  Okay, that's the kind of case that these people have been looking for.
[01:14:11.780 --> 01:14:23.780]  So hopefully my tribulation will help for the people out here, because this has got to stop.
[01:14:23.780 --> 01:14:25.780]  Good. Another lawsuit would be great.
[01:14:25.780 --> 01:14:27.780]  They got one from last year.
[01:14:27.780 --> 01:14:30.780]  Well, yeah, not a lawsuit, but criminal charges too,
[01:14:30.780 --> 01:14:35.780]  and I'm going to be talking to the Agenda 21 guys about filing liens against their bonds too,
[01:14:35.780 --> 01:14:37.780]  really stop them dead in their tracks.
[01:14:37.780 --> 01:14:48.780]  I mean, how much money did it cost to pay for two hours plus the dog, after vehicles?
[01:14:48.780 --> 01:14:50.780]  Okay?
[01:14:50.780 --> 01:14:54.780]  Don't wave that phone around so much.
[01:14:54.780 --> 01:14:55.780]  You're breaking up a little.
[01:14:55.780 --> 01:14:59.780]  Get Jerry to hold you up on his shoulder so you get closer to the satellite.
[01:14:59.780 --> 01:15:00.780]  Now, you know what?
[01:15:00.780 --> 01:15:01.780]  You guys don't understand.
[01:15:01.780 --> 01:15:02.780]  I'm not waving the phone around at all.
[01:15:02.780 --> 01:15:08.780]  I'm standing publicly still.
[01:15:08.780 --> 01:15:09.780]  Okay.
[01:15:09.780 --> 01:15:10.780]  Are you there, Deb?
[01:15:10.780 --> 01:15:12.780]  I think we've lost you.
[01:15:12.780 --> 01:15:14.780]  Okay.
[01:15:14.780 --> 01:15:19.780]  We're losing you, Deb.
[01:15:19.780 --> 01:15:23.780]  Still there?
[01:15:23.780 --> 01:15:24.780]  I think we may have lost her.
[01:15:24.780 --> 01:15:28.780]  This is a satellite phone, and she said that it was raining yesterday.
[01:15:28.780 --> 01:15:29.780]  Yeah.
[01:15:29.780 --> 01:15:34.780]  So with a lot of density in the atmosphere, it can interfere with the signal
[01:15:34.780 --> 01:15:37.780]  because it's got so much atmosphere to pass through.
[01:15:37.780 --> 01:15:38.780]  Yeah.
[01:15:38.780 --> 01:15:40.780]  So she may come back up.
[01:15:40.780 --> 01:15:42.780]  If not, she's likely to call back in.
[01:15:42.780 --> 01:15:43.780]  Okay.
[01:15:43.780 --> 01:15:46.780]  Well, she's still on the caller page, so she's still connected to that,
[01:15:46.780 --> 01:15:48.780]  but she's not coming through to us.
[01:15:48.780 --> 01:15:51.780]  Okay.
[01:15:51.780 --> 01:15:52.780]  Okay.
[01:15:52.780 --> 01:15:54.780]  We'll give her another minute or two.
[01:15:54.780 --> 01:15:55.780]  Maybe she'll come back in.
[01:15:55.780 --> 01:16:00.780]  But the guys from last year, they have a pretty good lawsuit going against them.
[01:16:00.780 --> 01:16:02.780]  So this is the third.
[01:16:02.780 --> 01:16:07.780]  And normally when they come in and cause all the trouble is on the third.
[01:16:07.780 --> 01:16:11.780]  And so generally it's earlier in the day.
[01:16:11.780 --> 01:16:15.780]  You backed them?
[01:16:15.780 --> 01:16:17.780]  It's 9 o'clock here.
[01:16:17.780 --> 01:16:22.780]  It'll be quarter after 8 there in New Mexico.
[01:16:22.780 --> 01:16:24.780]  So it's beginning to get dark.
[01:16:24.780 --> 01:16:29.780]  There's a good chance they're not going to have the kind of debacle they did last year.
[01:16:29.780 --> 01:16:35.780]  Maybe those videos kind of got their attention.
[01:16:35.780 --> 01:16:36.780]  Well, let's hope.
[01:16:36.780 --> 01:16:38.780]  Well, let's hope.
[01:16:38.780 --> 01:16:39.780]  I hope, Deb.
[01:16:39.780 --> 01:16:40.780]  Deb, we're going to break.
[01:16:40.780 --> 01:16:42.780]  If you can hear us, just drop off and call.
[01:16:42.780 --> 01:16:44.780]  She's off the call page.
[01:16:44.780 --> 01:16:45.780]  Okay.
[01:16:45.780 --> 01:16:46.780]  Okay.
[01:16:46.780 --> 01:16:47.780]  So we will.
[01:16:47.780 --> 01:16:48.780]  We're going to break.
[01:16:48.780 --> 01:16:49.780]  We'll be right back.
[01:16:49.780 --> 01:16:51.780]  We'll take Nick as soon as we get back.
[01:16:51.780 --> 01:16:55.780]  This is Randy Kelton, Deborah Stevens, rule of law.
[01:17:21.780 --> 01:17:26.780]  When ordering from SurvivalGearSource.com, remember to use promo code
[01:17:26.780 --> 01:17:28.780]  or use the QR code.
[01:17:28.780 --> 01:17:30.780]  We'll see you next time.
[01:17:30.780 --> 01:17:51.780]  When ordering from SurvivalGearSource.com remember to use promo code
[01:17:51.780 --> 01:18:16.780]  ruleoflawradio.com.
[01:18:16.780 --> 01:18:45.780]  Okay.
[01:18:45.780 --> 01:18:46.780]  We're back up.
[01:18:46.780 --> 01:18:49.780]  Randy Kelton, Deborah Stevens, rule of law radio.
[01:18:49.780 --> 01:18:53.780]  We had Deb on the satellite phone, but we seem to have lost her.
[01:18:53.780 --> 01:18:55.780]  Maybe she'll call back in.
[01:18:55.780 --> 01:18:59.780]  We have Nick from Philly.
[01:18:59.780 --> 01:19:01.780]  Nick, you there?
[01:19:01.780 --> 01:19:02.780]  Yeah, I'm here, Randy.
[01:19:02.780 --> 01:19:06.780]  I'd like to comment on what Deborah just spoke about.
[01:19:06.780 --> 01:19:07.780]  Yeah, that's endemic.
[01:19:07.780 --> 01:19:13.780]  I mean, the whole society at this point, I experienced a very similar situation
[01:19:13.780 --> 01:19:16.780]  back in December, I believe it was, over in New Jersey.
[01:19:16.780 --> 01:19:22.780]  I was pulled over for allegedly failing the signal, which was a complete false
[01:19:22.780 --> 01:19:25.780]  representation on the part of the officer.
[01:19:25.780 --> 01:19:30.780]  I believe that I was pulled over because we were profiled coming out of a hot,
[01:19:30.780 --> 01:19:33.780]  patriot, you know, community spot.
[01:19:33.780 --> 01:19:36.780]  And basically they wanted to find out exactly who we were.
[01:19:36.780 --> 01:19:38.780]  They pulled over the vehicle.
[01:19:38.780 --> 01:19:41.780]  They asked for, you know, the standard license registration.
[01:19:41.780 --> 01:19:45.780]  And then I, you know, I asked them why we were under arrest,
[01:19:45.780 --> 01:19:47.780]  why they had seized us.
[01:19:47.780 --> 01:19:52.780]  And at the same time they asked my compatriot, who was a passenger,
[01:19:52.780 --> 01:19:55.780]  they asked him for his identification as well.
[01:19:55.780 --> 01:19:56.780]  I mean, that's unheard of.
[01:19:56.780 --> 01:20:00.780]  Why would they possibly need his identification for, you know,
[01:20:00.780 --> 01:20:04.780]  something that I had allegedly violated in the traffic code?
[01:20:04.780 --> 01:20:07.780]  And subsequently I went to court over this matter.
[01:20:07.780 --> 01:20:10.780]  They didn't expect who I was.
[01:20:10.780 --> 01:20:13.780]  They didn't file any pretrial motions or anything.
[01:20:13.780 --> 01:20:15.780]  And once we got into the heat of the matter,
[01:20:15.780 --> 01:20:20.780]  I started roasting the police officer in cross-examination.
[01:20:20.780 --> 01:20:25.780]  We actually broke because they violated procedure in the first because they
[01:20:25.780 --> 01:20:27.780]  didn't even give me an arraignment.
[01:20:27.780 --> 01:20:31.780]  They just went straight from arraignment into trial all on the same day.
[01:20:31.780 --> 01:20:35.780]  So no interlude between really other than an hour buffer for them to figure
[01:20:35.780 --> 01:20:37.780]  out how they were going to prosecute me.
[01:20:37.780 --> 01:20:40.780]  I think courts here like to do the same thing.
[01:20:40.780 --> 01:20:45.780]  Yeah, but anyway, they brought me back some 20-some-odd days or later to
[01:20:45.780 --> 01:20:47.780]  finish the deal.
[01:20:47.780 --> 01:20:50.780]  And the prosecutor stepped up.
[01:20:50.780 --> 01:20:54.780]  That was an empty courtroom the day they brought me in because right before,
[01:20:54.780 --> 01:20:57.780]  you know, they brought me back to court, I filed a notice of demand,
[01:20:57.780 --> 01:21:00.780]  just a notice of sovereignty, the demand of the smiths.
[01:21:00.780 --> 01:21:04.780]  And I take it that they didn't want any piece of it because the courtroom was
[01:21:04.780 --> 01:21:05.780]  empty.
[01:21:05.780 --> 01:21:12.780]  Albeit, I arrived 45 minutes late to get my affidavits in order and no lay
[01:21:12.780 --> 01:21:13.780]  prosecute.
[01:21:13.780 --> 01:21:16.780]  You know, she just, the prosecutor walked up and said, oh,
[01:21:16.780 --> 01:21:19.780]  the state no longer wishes to pursue this matter, Your Honor.
[01:21:19.780 --> 01:21:21.780]  And I said, uh-uh.
[01:21:21.780 --> 01:21:24.780]  I said, you're not going to dismiss this, Judge.
[01:21:24.780 --> 01:21:27.780]  I said, I'm going to elicit perjury from this officer.
[01:21:27.780 --> 01:21:30.780]  I said, you know, federal crimes have been committed here.
[01:21:30.780 --> 01:21:33.780]  And he went through the rule book and he said, well, you know,
[01:21:33.780 --> 01:21:37.780]  if the prosecution wishes to no longer pursue the matter,
[01:21:37.780 --> 01:21:39.780]  there's nothing that the state can do.
[01:21:39.780 --> 01:21:40.780]  Not true.
[01:21:40.780 --> 01:21:45.780]  The state can only, the prosecutor, unless it's different in New Jersey,
[01:21:45.780 --> 01:21:48.780]  but in Texas they say the same thing.
[01:21:48.780 --> 01:21:56.780]  What the statute says is the prosecutor can petition the court to dismiss for
[01:21:56.780 --> 01:21:59.780]  cause.
[01:21:59.780 --> 01:22:03.780]  He has to have cause.
[01:22:03.780 --> 01:22:08.780]  And if the judge dismissed without cause, then the judge abused his discretion.
[01:22:08.780 --> 01:22:11.780]  Well, that's exactly what occurred.
[01:22:11.780 --> 01:22:13.780]  But yeah, I mean, I'm definitely pursuing that,
[01:22:13.780 --> 01:22:16.780]  something that I'd like to exchange with you in an email about how to take
[01:22:16.780 --> 01:22:19.780]  that into a federal court.
[01:22:19.780 --> 01:22:21.780]  But I did want to more, you know,
[01:22:21.780 --> 01:22:26.780]  urgently let's get the information out about the New Jersey Office of the
[01:22:26.780 --> 01:22:27.780]  Inspector General.
[01:22:27.780 --> 01:22:30.780]  I was able to get that information.
[01:22:30.780 --> 01:22:33.780]  Her name is Mary Jane Cooper.
[01:22:33.780 --> 01:22:36.780]  And basically, again, for all those who just tuned in,
[01:22:36.780 --> 01:22:41.780]  this stems from a matter of a petition for habeas corpus.
[01:22:41.780 --> 01:22:45.780]  A friend of mine, his name is, I'll have to throw his name out there.
[01:22:45.780 --> 01:22:50.780]  Wait, her name meaning Mary Jane Cooper is the attorney general?
[01:22:50.780 --> 01:22:53.780]  Yeah, Mary Jane Cooper is the name of the inspector general.
[01:22:53.780 --> 01:22:58.780]  My friend's name, the individual who's in peril right now in the prison system,
[01:22:58.780 --> 01:23:01.780]  his name is Fabrizio Matrasia.
[01:23:01.780 --> 01:23:13.780]  And first name is F-A-B-R-I-Z-I-O, last name spelled M-A-T-R-A-S-C-I-A.
[01:23:13.780 --> 01:23:16.780]  So Mr. Matrasia, as I said,
[01:23:16.780 --> 01:23:20.780]  roughly we're at like the 25th day that he's been incommunicado within the
[01:23:20.780 --> 01:23:21.780]  prison system.
[01:23:21.780 --> 01:23:25.780]  We received last week a letter from a good Samaritan,
[01:23:25.780 --> 01:23:29.780]  another incarcerated individual who basically, you know,
[01:23:29.780 --> 01:23:31.780]  sent out the letter on his behalf.
[01:23:31.780 --> 01:23:35.780]  And within that letter we find evidence that he's being tortured, you know,
[01:23:35.780 --> 01:23:37.780]  Guantanamo rendition style.
[01:23:37.780 --> 01:23:44.780]  And, you know, he has no access to direct avenues of communication.
[01:23:44.780 --> 01:23:46.780]  And furthermore, he's, you know,
[01:23:46.780 --> 01:23:51.780]  being again subjected to this abhorrent treatment that is, you know,
[01:23:51.780 --> 01:23:52.780]  putting his life in danger.
[01:23:52.780 --> 01:23:55.780]  He was ill and he's not doing very good according to his own words.
[01:23:55.780 --> 01:23:59.780]  So this needs an immediate outcry from the public.
[01:23:59.780 --> 01:24:02.780]  So here's the number again for the inspector general.
[01:24:02.780 --> 01:24:04.780]  Her name is Mary Jane Cooper.
[01:24:04.780 --> 01:24:06.780]  I have two numbers.
[01:24:06.780 --> 01:24:08.780]  Here the first is the office phone number.
[01:24:08.780 --> 01:24:15.780]  And if you have your pens ready, it is 609-292-818.
[01:24:15.780 --> 01:24:24.780]  That number again, 609-292-8183.
[01:24:24.780 --> 01:24:26.780]  And again, that's the office phone number.
[01:24:26.780 --> 01:24:28.780]  And then there's a hotline number.
[01:24:28.780 --> 01:24:31.780]  I'm not sure which one would be more proficient or efficient,
[01:24:31.780 --> 01:24:41.780]  but go for the hotline number is 866-633-6585.
[01:24:41.780 --> 01:24:50.780]  Again, that number, area code 866-633-6585.
[01:24:50.780 --> 01:24:52.780]  And that's the hotline number for the inspector general.
[01:24:52.780 --> 01:24:56.780]  Her name again, Mary Jane Cooper of the state of New Jersey.
[01:24:56.780 --> 01:24:57.780]  Okay.
[01:24:57.780 --> 01:24:58.780]  Let me interrupt you for a moment.
[01:24:58.780 --> 01:25:02.780]  Deb's back up on the satellite phone.
[01:25:02.780 --> 01:25:04.780]  Just hang in there.
[01:25:04.780 --> 01:25:06.780]  As soon as Deb's finished, we'll come back to you.
[01:25:06.780 --> 01:25:07.780]  Right away.
[01:25:07.780 --> 01:25:09.780]  Deb, you there?
[01:25:09.780 --> 01:25:11.780]  I don't see her on my caller page.
[01:25:11.780 --> 01:25:13.780]  No, she's gone off the caller page.
[01:25:13.780 --> 01:25:15.780]  Oh, okay.
[01:25:15.780 --> 01:25:17.780]  Oh, am I looking at an old?
[01:25:17.780 --> 01:25:19.780]  Deb's owner says, oh, I'm looking at an old Skype.
[01:25:19.780 --> 01:25:21.780]  I'm sorry, brain dead.
[01:25:21.780 --> 01:25:23.780]  Go ahead, Nick.
[01:25:23.780 --> 01:25:25.780]  I had a senior moment.
[01:25:25.780 --> 01:25:28.780]  Yeah, so Randy, what else?
[01:25:28.780 --> 01:25:34.780]  What questions do you have for me or what else can we speak about on either issue?
[01:25:34.780 --> 01:25:43.780]  I think right now what we do is you get a complaint filed with the inspector general.
[01:25:43.780 --> 01:25:50.780]  And our next, I guess anybody who's out there who's willing to,
[01:25:50.780 --> 01:25:55.780]  call these numbers and ask the inspector general what is going on.
[01:25:55.780 --> 01:26:04.780]  Nick, do you have any numbers for the jail facilities that are holding these people?
[01:26:04.780 --> 01:26:05.780]  Yes, I do, actually.
[01:26:05.780 --> 01:26:06.780]  Holding Nick.
[01:26:06.780 --> 01:26:08.780]  I can get that.
[01:26:08.780 --> 01:26:15.780]  If you get those, it might do real good to call the warden or whoever heads up the jail facility
[01:26:15.780 --> 01:26:17.780]  and call down his throat.
[01:26:17.780 --> 01:26:20.780]  They have departmental corrections.
[01:26:20.780 --> 01:26:29.780]  He is currently being held from what is being reported by the New Jersey State Corrections website
[01:26:29.780 --> 01:26:34.780]  where they publish the incarceration information at South Woods State Prison,
[01:26:34.780 --> 01:26:39.780]  which is in Bridgestone, New Jersey for Cumberland County.
[01:26:39.780 --> 01:26:49.780]  And the telephone number there is, it depends out again, 856-459-7000.
[01:26:49.780 --> 01:26:53.780]  Again, that number, 856-459-7000.
[01:26:53.780 --> 01:26:58.780]  That's for the Cumberland County South Woods State Prison in New Jersey.
[01:26:58.780 --> 01:27:04.780]  And that's where my friend Fabrizio Matrasio is being held.
[01:27:04.780 --> 01:27:06.780]  Can you spell his name again, Nick?
[01:27:06.780 --> 01:27:12.780]  Yes, Fabrizio Matrasio is spelled F-A-B-R-I-Z-I-O.
[01:27:12.780 --> 01:27:19.780]  Last name Matrasio, M-A-T, search A-S, S as in Sam.
[01:27:19.780 --> 01:27:21.780]  M-A-T what?
[01:27:21.780 --> 01:27:31.780]  Matrasio, M-A-T-R-A-S as in Sam, C-I-A, Matrasio.
[01:27:31.780 --> 01:27:32.780]  Okay.
[01:27:32.780 --> 01:27:33.780]  Okay.
[01:27:33.780 --> 01:27:40.780]  That's Mama Alpha Tango, Romeo Alpha Sierra, Charlie India Alpha.
[01:27:40.780 --> 01:27:41.780]  That's correct.
[01:27:41.780 --> 01:27:44.780]  For those of you who fly airplanes.
[01:27:44.780 --> 01:27:45.780]  Yes.
[01:27:45.780 --> 01:27:46.780]  Okay.
[01:27:46.780 --> 01:27:54.780]  What I will do tomorrow is call the state prison and ask for the warden or whoever runs it.
[01:27:54.780 --> 01:28:03.780]  And I'm going to want an interview because I hear you've got a guy down there that because he's exercising his rights, the guards are trying to murder him.
[01:28:03.780 --> 01:28:04.780]  Right.
[01:28:04.780 --> 01:28:06.780]  Whoa, this is going to make a great story.
[01:28:06.780 --> 01:28:08.780]  You guys are going to make me famous.
[01:28:08.780 --> 01:28:14.780]  I want you to do a live on radio interview for me.
[01:28:14.780 --> 01:28:25.780]  Her name, actually the administrator there if you want this, Randy, her name is Karen Balicki, last name B-A-L-I-C-K-I.
[01:28:25.780 --> 01:28:28.780]  Balicki I believe is pronounced, pronunciation of it.
[01:28:28.780 --> 01:28:30.780]  Karen Balicki.
[01:28:30.780 --> 01:28:31.780]  Balicki.
[01:28:31.780 --> 01:28:32.780]  Okay.
[01:28:32.780 --> 01:28:36.780]  Urgent situation.
[01:28:36.780 --> 01:28:37.780]  Okay.
[01:28:37.780 --> 01:28:39.780]  Well, they get a call from media.
[01:28:39.780 --> 01:28:48.780]  It really tends to get their attention, especially when I do it because I sound like the ultimate pulp fiction writer.
[01:28:48.780 --> 01:28:53.780]  Hey, let's get Alex Jones in on it.
[01:28:53.780 --> 01:28:57.780]  You might try calling in on Alex Jones' show.
[01:28:57.780 --> 01:29:08.780]  Yeah, I've been meaning to do that, you know, actually, and I will make an attempt probably on the Sunday show, maybe that Sunday or Monday, either way.
[01:29:08.780 --> 01:29:22.780]  And just as our standard disclaimer, Alex who, that guy on that evil rival network, we don't get to – Alex don't get any slack.
[01:29:22.780 --> 01:29:30.780]  But yeah, I would definitely call Alex Jones because he will reach a lot more people than we do.
[01:29:30.780 --> 01:29:32.780]  Stump bag.
[01:29:32.780 --> 01:29:33.780]  I hate him for that.
[01:29:33.780 --> 01:29:34.780]  Hey, give us time.
[01:29:34.780 --> 01:29:36.780]  Give us time.
[01:29:36.780 --> 01:29:37.780]  Hi, Randy.
[01:29:37.780 --> 01:29:38.780]  Okay.
[01:29:38.780 --> 01:29:39.780]  Nothing else.
[01:29:39.780 --> 01:29:42.780]  I appreciate all your time again for this evening and I'll communicate with you through email from here.
[01:29:42.780 --> 01:29:43.780]  Okay.
[01:29:43.780 --> 01:29:44.780]  Okay.
[01:29:44.780 --> 01:29:45.780]  We're going to break.
[01:29:45.780 --> 01:29:46.780]  Have a great night.
[01:29:46.780 --> 01:29:47.780]  Bye.
[01:29:47.780 --> 01:29:48.780]  Okay.
[01:29:48.780 --> 01:29:49.780]  Thank you.
[01:29:49.780 --> 01:29:52.780]  Good night.
[01:30:19.780 --> 01:30:27.780]  Robert's brokerage, you can buy gold, silver and platinum with confidence from a brokerage that specialized in the precious metals market since 1977.
[01:30:27.780 --> 01:30:35.780]  If you are new to precious metals, we will happily provide you with the information you need to make an informed decision whether or not you choose to purchase from us.
[01:30:35.780 --> 01:30:43.780]  Also, Robert's and Robert's brokerage values your privacy and will always advise you in the event that we would be required to report any transaction.
[01:30:43.780 --> 01:30:48.780]  If you have gold, silver or platinum you'd like to sell, we can convert it for immediate payment.
[01:30:48.780 --> 01:30:52.780]  Call us at 800-874-9760.
[01:30:52.780 --> 01:31:21.780]  This is Robert's and Robert's brokerage, 800-874-9760.
[01:31:22.780 --> 01:31:36.780]  I hate to interrupt that music.
[01:31:36.780 --> 01:31:50.780]  Randy Kelton, Deborah Stevens, Rule of Law Radio, we're back and we're going to go to, we have a special caller on the line if my caller page comes back.
[01:31:50.780 --> 01:31:55.780]  Okay, we're going to go to unscreened.
[01:31:55.780 --> 01:32:00.780]  Hello, unscreened, are you there?
[01:32:00.780 --> 01:32:01.780]  Are you talking to me?
[01:32:01.780 --> 01:32:04.780]  I think so, 325 number?
[01:32:04.780 --> 01:32:06.780]  Oh, yes, that's me.
[01:32:06.780 --> 01:32:07.780]  Okay.
[01:32:07.780 --> 01:32:10.780]  What's your first name?
[01:32:10.780 --> 01:32:13.780]  My name is John Blayton.
[01:32:13.780 --> 01:32:26.780]  Anyways, I had an incident with a cop, an off-duty cop here in the 35th Precinct here in Brownwood, Texas, and he pulled me over about a year and a half ago.
[01:32:26.780 --> 01:32:35.780]  I got arrested in June of 2007, and I had an arraignment and all this other stuff.
[01:32:35.780 --> 01:32:39.780]  Before I even got into court, you know, it was six months.
[01:32:39.780 --> 01:32:45.780]  I would have been in jail for six months, but except for my parents had the decency to bail me out.
[01:32:45.780 --> 01:32:57.780]  Nonetheless, I finally get into court after an arraignment and three other pre-hearings before the actual court, and the thing went on for like four days.
[01:32:57.780 --> 01:33:05.780]  It started on Tuesday, Wednesday, Thursday, and Friday, and then Friday I was taken to jail and I was sentenced for one year.
[01:33:05.780 --> 01:33:11.780]  I get out of jail, and I've been out of jail for almost, I don't know, maybe eight, ten months now.
[01:33:11.780 --> 01:33:18.780]  I just found your radio show, and I was losing all hope.
[01:33:18.780 --> 01:33:34.780]  To be honest, I had the officer up on the stand, and I cross-examined him myself, and he lied under oath.
[01:33:34.780 --> 01:33:42.780]  I had a witness that was in the car with me at the time, and he said a whole bunch of different things, and he lied about a dozen times on the stand.
[01:33:42.780 --> 01:33:46.780]  I questioned it myself, and I realized there's nothing to be done about it now.
[01:33:46.780 --> 01:33:51.780]  I don't have the money to go through an appeal and to spend a whole bunch of time about it and everything,
[01:33:51.780 --> 01:33:56.780]  but all I wanted to call and tell you is I want to know how to do more.
[01:33:56.780 --> 01:34:07.780]  If I could stop other people from having to go through what I went through, I would more than willingly put the extra time and effort to go forth and do it.
[01:34:07.780 --> 01:34:13.780]  That is exactly why we're here, and we can help you.
[01:34:13.780 --> 01:34:20.780]  If you listen to the program, there's one thing that I want to do again soon is go back through due process.
[01:34:20.780 --> 01:34:32.780]  Primarily, what I do is due process, and Eddie does tax and traffic, and due process essentially applies to all of those.
[01:34:32.780 --> 01:34:40.780]  It's been a while since I went through due process from arrest to trial, all of the things they're supposed to do that they don't do.
[01:34:40.780 --> 01:34:46.780]  In fact, if you learn this, there's probably a lot you can do.
[01:34:46.780 --> 01:34:50.780]  You may even be able to sue them at this point.
[01:34:50.780 --> 01:34:56.780]  Was the arrest incident to a traffic stop or was it something else?
[01:34:56.780 --> 01:35:00.780]  Well, I'm going to tell you it was for a DUI.
[01:35:00.780 --> 01:35:02.780]  Oh, okay.
[01:35:02.780 --> 01:35:05.780]  Nonetheless, I was tempted to wonder if they'd yell.
[01:35:05.780 --> 01:35:15.780]  I had the DA, he told me at the time, he says if you just take the plea bargaining, then we'll just get you some community service and that and the other.
[01:35:15.780 --> 01:35:19.780]  I said, well, no, because I was not DUI at the time.
[01:35:19.780 --> 01:35:20.780]  I don't care what you're saying.
[01:35:20.780 --> 01:35:21.780]  I don't care what the officer says.
[01:35:21.780 --> 01:35:23.780]  I was not DUI.
[01:35:23.780 --> 01:35:32.780]  I even have a witness in the car with me at the time to testify, so I got him up on the stand, and it didn't mean anything against the officer's testimony.
[01:35:32.780 --> 01:35:34.780]  That's a common problem.
[01:35:34.780 --> 01:35:35.780]  What?
[01:35:35.780 --> 01:35:41.780]  One of the things we need to get people to do is start carrying tape recorders with them.
[01:35:41.780 --> 01:35:48.780]  As soon as I get my – see, and everything went downhill with these last two years.
[01:35:48.780 --> 01:35:50.780]  I had a truck that worked and everything.
[01:35:50.780 --> 01:35:51.780]  It was a diesel.
[01:35:51.780 --> 01:35:56.780]  You know, diesels have to run quite frequently, and I'm just working on getting it fixed and this and that and the other.
[01:35:56.780 --> 01:36:10.780]  But anyways, what I wanted to tell you about also the other thing in court, I also filed a whole bunch of – I don't remember what they're called, but it's been a while since I messed with any of this.
[01:36:10.780 --> 01:36:14.780]  These are called motions.
[01:36:14.780 --> 01:36:15.780]  Yes, motions.
[01:36:15.780 --> 01:36:18.780]  I filed a whole bunch of motions in this and that and the other.
[01:36:18.780 --> 01:36:26.780]  I even told the judge on the stand about the USD 14 Title 42 and all this other stuff.
[01:36:26.780 --> 01:36:36.780]  I mean, I know I have more than enough evidence just in the – if I was to go get the court records of their own to show that the judge violated all my rights,
[01:36:36.780 --> 01:36:49.780]  and especially the one where I'm able to request what the nature of the action of the law against me was, and the judge would never – he would never repeatedly never answer the question.
[01:36:49.780 --> 01:36:53.780]  I wanted to know the nature of the action, and he would never let me know the nature of the action.
[01:36:53.780 --> 01:36:54.780]  He kept saying it was under statutory.
[01:36:54.780 --> 01:36:58.780]  I understand it's under statutory, but what is the nature of statutory?
[01:36:58.780 --> 01:36:59.780]  Is it under common law?
[01:36:59.780 --> 01:37:03.780]  Is it under equity or is it under admiralty?
[01:37:03.780 --> 01:37:05.780]  He would never answer the question.
[01:37:05.780 --> 01:37:06.780]  He did.
[01:37:06.780 --> 01:37:07.780]  He did.
[01:37:07.780 --> 01:37:08.780]  It was under statutory.
[01:37:08.780 --> 01:37:09.780]  Huh?
[01:37:09.780 --> 01:37:11.780]  It's under statutory.
[01:37:11.780 --> 01:37:12.780]  That's under equity.
[01:37:12.780 --> 01:37:15.780]  I know it's under equity, but he would never answer the question.
[01:37:15.780 --> 01:37:16.780]  Okay.
[01:37:16.780 --> 01:37:18.780]  He doesn't have a duty to.
[01:37:18.780 --> 01:37:19.780]  Okay.
[01:37:19.780 --> 01:37:20.780]  But still –
[01:37:20.780 --> 01:37:21.780]  He's addressing venue, Randy.
[01:37:21.780 --> 01:37:23.780]  He's not addressing the nature.
[01:37:23.780 --> 01:37:25.780]  The nature is either civil or criminal.
[01:37:25.780 --> 01:37:26.780]  That's right.
[01:37:26.780 --> 01:37:28.780]  And he was charging me with a criminal action.
[01:37:28.780 --> 01:37:35.780]  If there was a criminal action, that means there has to be a victim in the, quote-unquote, supposed – well, I was driving an automobile,
[01:37:35.780 --> 01:37:37.780]  but the officer charged me with driving a motor vehicle.
[01:37:37.780 --> 01:37:39.780]  But that's neither here nor there.
[01:37:39.780 --> 01:37:44.780]  He still charged me with it, and the nature of the action itself is what I was petitioning against.
[01:37:44.780 --> 01:37:56.780]  I mean, because if it is a criminal charge, then there has to be a party at default to whom was actually injured by my alleged actions, and there wasn't.
[01:37:56.780 --> 01:38:00.780]  And that's the thing is I couldn't actually get any answers because you would never let me go forward with it.
[01:38:00.780 --> 01:38:02.780]  This part is patriot myth.
[01:38:02.780 --> 01:38:03.780]  Yeah.
[01:38:03.780 --> 01:38:04.780]  It's patriot myth.
[01:38:04.780 --> 01:38:07.780]  DUI is actually covered under the criminal code.
[01:38:07.780 --> 01:38:08.780]  It's a penal offense.
[01:38:08.780 --> 01:38:09.780]  Okay.
[01:38:09.780 --> 01:38:11.780]  So it's actually in the criminal code.
[01:38:11.780 --> 01:38:24.780]  So there doesn't need to be – what the state has – the statutes say that if you violate a penal statute, the state is the injured party.
[01:38:24.780 --> 01:38:27.780]  Oh.
[01:38:27.780 --> 01:38:31.780]  So what we need to do is listen to the show.
[01:38:31.780 --> 01:38:33.780]  Yes, sir.
[01:38:33.780 --> 01:38:35.780]  We need to pull up some archives.
[01:38:35.780 --> 01:38:38.780]  Here real soon I'm going to do one on due process.
[01:38:38.780 --> 01:38:40.780]  Okay.
[01:38:40.780 --> 01:38:46.780]  And then we'll have Eddie go back through traffic, start to finish.
[01:38:46.780 --> 01:38:50.780]  And after you listen to the show for a while, this will begin to make sense to you.
[01:38:50.780 --> 01:38:56.780]  I had someone call me the other day who has got all the – everything dropped against his son.
[01:38:56.780 --> 01:39:00.780]  His son was on probation, and they were trying to revoke his probation.
[01:39:00.780 --> 01:39:03.780]  And he went in and talked to the district attorney.
[01:39:03.780 --> 01:39:12.780]  And he had called me before he went in to make sure I would be available in case he needed to call and ask a question.
[01:39:12.780 --> 01:39:14.780]  But he never called.
[01:39:14.780 --> 01:39:21.780]  He came out and he said the next day the prosecutor dropped everything.
[01:39:21.780 --> 01:39:33.780]  And he said when I went in there from listening to your show, I knew everything I needed to say, so I didn't need to call you.
[01:39:33.780 --> 01:39:43.780]  And that was as high a praise as I think anyone has ever given me for this show, because that is exactly why we do it.
[01:39:43.780 --> 01:39:51.780]  And by listening to the show over and over, I try to stay with due process.
[01:39:51.780 --> 01:39:52.780]  I understand.
[01:39:52.780 --> 01:39:56.780]  Eddie stays with traffic, and we go over these same things over and over.
[01:39:56.780 --> 01:39:58.780]  And I know a lot of people may listen to it.
[01:39:58.780 --> 01:40:04.780]  Once you've got it, you already know what we're saying.
[01:40:04.780 --> 01:40:07.780]  But most people don't.
[01:40:07.780 --> 01:40:10.780]  So the first time you hear it, we give you a lot of details.
[01:40:10.780 --> 01:40:15.780]  And you're sitting there and your head's spinning, and you can't make sense of it.
[01:40:15.780 --> 01:40:19.780]  Next time we go over it, you start to make connections.
[01:40:19.780 --> 01:40:21.780]  And then the next time you make more connections.
[01:40:21.780 --> 01:40:28.780]  And one of these days, you'll be like a good friend of mine that called when I did the four-hour show on due process.
[01:40:28.780 --> 01:40:35.780]  He said, you know, I've been listening to your show for a couple of years, and that was the first time I got it.
[01:40:35.780 --> 01:40:40.780]  Once you start putting these pieces together, this will get a whole lot easier.
[01:40:40.780 --> 01:40:46.780]  And you'll be able to short circuit a lot of things before they occur.
[01:40:46.780 --> 01:40:53.780]  For the most part, you can keep them from getting to be as serious as what these turned into.
[01:40:53.780 --> 01:41:00.780]  In your case, there was a very good chance that you could have signed an agreement for probation
[01:41:00.780 --> 01:41:06.780]  or a separate, a different adjudication prior to trial.
[01:41:06.780 --> 01:41:08.780]  I just had someone call me about that.
[01:41:08.780 --> 01:41:22.780]  The prosecutor wants me to sign this agreement or this petition for probation in case I get convicted should I sign it.
[01:41:22.780 --> 01:41:25.780]  And I asked, does it address anything else?
[01:41:25.780 --> 01:41:29.780]  Does it in any way act as a plea of guilty?
[01:41:29.780 --> 01:41:36.780]  He said, no, it's just I'm asking the court for probation in case I get convicted.
[01:41:36.780 --> 01:41:39.780]  By all means, sign it.
[01:41:39.780 --> 01:41:42.780]  You're liberty first.
[01:41:42.780 --> 01:41:43.780]  So he signed that.
[01:41:43.780 --> 01:41:49.780]  Now, even if he gets convicted, he's not likely to go to prison because they didn't want to send him to prison anyway.
[01:41:49.780 --> 01:41:52.780]  They just weren't getting his pocket.
[01:41:52.780 --> 01:41:57.780]  Well, that's exactly what they offered me, and I just figured that was a plea of guilt.
[01:41:57.780 --> 01:41:58.780]  No, it wasn't.
[01:41:58.780 --> 01:42:00.780]  See, that's where we will help.
[01:42:00.780 --> 01:42:02.780]  People say, don't sign anything.
[01:42:02.780 --> 01:42:03.780]  No, no, no, that's not true.
[01:42:03.780 --> 01:42:05.780]  There are a few things you want to sign.
[01:42:05.780 --> 01:42:10.780]  That would have been one you wanted to sign and you wouldn't have to spend a year.
[01:42:10.780 --> 01:42:15.780]  But that's where you need to have an understanding of terminology and the way they like to say things
[01:42:15.780 --> 01:42:20.780]  because then you stand a much better chance of understanding what you're being led into.
[01:42:20.780 --> 01:42:21.780]  Yes.
[01:42:21.780 --> 01:42:25.780]  And so listen to the show and look at our archive page.
[01:42:25.780 --> 01:42:28.780]  You can go back and download our archives.
[01:42:28.780 --> 01:42:31.780]  And can I ask you one more question real quick?
[01:42:31.780 --> 01:42:33.780]  Sure.
[01:42:33.780 --> 01:42:35.780]  I don't understand.
[01:42:35.780 --> 01:42:40.780]  I've only been listening to your show for maybe about a week now, and I got another friend of mine in Greenville.
[01:42:40.780 --> 01:42:48.780]  They moved from south Texas to Louisiana, and now they're in Greenville, Texas, but nonetheless, very patriotic people.
[01:42:48.780 --> 01:42:58.780]  But I wanted to know how it is that you got to talk to the grand jury because I tried to.
[01:42:58.780 --> 01:42:59.780]  Mine was a grand jury trial.
[01:42:59.780 --> 01:43:03.780]  I tried to talk to the grand jury, and they reputedly wouldn't let me in to talk to them.
[01:43:03.780 --> 01:43:04.780]  Okay.
[01:43:04.780 --> 01:43:08.780]  You can't do it because you are the accused.
[01:43:08.780 --> 01:43:18.780]  Now, the only way you can talk to the grand jury is if the grand jury specifically requests that you testify before them.
[01:43:18.780 --> 01:43:25.780]  Since you were the accused, talking to the grand jury was probably a bad idea
[01:43:25.780 --> 01:43:37.780]  because then you'll have the prosecuting attorney cross-examining you in the grand jury, and you have no attorney to protect you from him.
[01:43:37.780 --> 01:43:44.780]  We'll touch on this when we come back from break, but the way I get to grand jury, we explain it in our shows.
[01:43:44.780 --> 01:43:46.780]  It's a step-by-step procedure.
[01:43:46.780 --> 01:43:48.780]  It's kind of set them up.
[01:43:48.780 --> 01:43:52.780]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[01:43:52.780 --> 01:44:04.780]  We'll be back shortly.
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[01:45:05.780 --> 01:45:19.780]  Hello. Oh, man. She in jail. She got busted. Oh, I'm broke, dude.
[01:45:19.780 --> 01:45:28.780]  Some things in this world I will never understand. Some things I realize fully.
[01:45:28.780 --> 01:45:36.780]  Somebody's gonna police that policeman. Somebody's gonna police the police.
[01:45:36.780 --> 01:45:45.780]  There's always a room at the top of the hill. I hear through the grapevine and it's lonely there, too.
[01:45:45.780 --> 01:45:53.780]  They're wishing it was more than opposition to bills. They know that if they don't do it, somebody will.
[01:45:53.780 --> 01:46:01.780]  Some things in this world I will never understand. Some things I realize fully.
[01:46:01.780 --> 01:46:10.780]  Somebody's gonna police that policeman. Somebody's gonna police the police.
[01:46:10.780 --> 01:46:23.780]  I know they will. Yeah, they're gonna put the bill. I know they will. See so much in just a sale. I know they will. Now we're fast to tip back the scale.
[01:46:23.780 --> 01:46:37.780]  I know they will. Now we're fast to tip back the scale. I know they will. I know they will. I never know. I know they will.
[01:46:37.780 --> 01:46:50.780]  It takes an hour, huh? I know they will. I know they will.
[01:46:50.780 --> 01:46:58.780]  Okay, we're back. Randy Kelp, David Stevens, Eddie Craig. Deb's not here. She's at the Rainbow.
[01:46:58.780 --> 01:47:03.780]  We talked to her earlier on the satellite, but it seems the signal faded out.
[01:47:03.780 --> 01:47:11.780]  So we were talking to Mr. John Unscreened from Brownwood. John, you still there?
[01:47:11.780 --> 01:47:13.780]  Yes, sir. I'm still here.
[01:47:13.780 --> 01:47:17.780]  Okay. You had another question?
[01:47:17.780 --> 01:47:29.780]  Well, I mean, you just said a minute ago that maybe there's a possibility of a lawsuit, but because even when I was in court, I tried to demand my rights.
[01:47:29.780 --> 01:47:40.780]  I don't know how many different ones I actually demanded, but every single time, and I was even using stare decisions from the United States Supreme Court, but the judge wouldn't listen to anything I had to say.
[01:47:40.780 --> 01:47:47.780]  I'm not kidding. Every single thing that came out of my mouth, and I wasn't as befuddled as I am right now while I'm speaking.
[01:47:47.780 --> 01:47:51.780]  John, have you ever rode a horse?
[01:47:51.780 --> 01:47:54.780]  Yes, sir. I grew up on a ranch.
[01:47:54.780 --> 01:48:01.780]  So you sit a horse well. You ever see somebody get on a horse and they don't sit that horse well?
[01:48:01.780 --> 01:48:03.780]  Yes, sir. I've seen that.
[01:48:03.780 --> 01:48:07.780]  You watch the horse. The horse obviously knows immediately.
[01:48:07.780 --> 01:48:09.780]  Yes.
[01:48:09.780 --> 01:48:22.780]  This judge knew you weren't sitting this saddle very well. So he just worked you over. He did whatever he wanted to because he knew he could.
[01:48:22.780 --> 01:48:35.780]  What you'll learn from listening to this show is how to put the judge in a whole other frame of mind, and it's not near as hard as you think right now.
[01:48:35.780 --> 01:48:38.780]  It's not as hard as riding a horse.
[01:48:38.780 --> 01:48:53.780]  The law, when you're looking at it from your perspective, it looks extremely complex, but here all we need to deal with initially are the basics, the basic due process.
[01:48:53.780 --> 01:49:06.780]  Once you understand the basic steps, and I'll give you a real quick idea. I know George has been waiting a long time, but George is a truck driver. He likes to sit and wait.
[01:49:06.780 --> 01:49:08.780]  I've done that too.
[01:49:08.780 --> 01:49:09.780]  I like to pick on George.
[01:49:09.780 --> 01:49:11.780]  The food's good anyway.
[01:49:11.780 --> 01:49:25.780]  Okay. I'm going to give you a real quick synopsis of due process. This is from arrest to trial. A policeman can't stop you unless he has probable cause, and it can't just be a hunch or a guess.
[01:49:25.780 --> 01:49:46.780]  It has to be actual articulatable facts that establish probable cause. He can't even detain you without articulatable probable cause to detain. Probable cause to detain does not have to be as stringent as probable cause to arrest, but he has to have some cause to believe that you personally may have committed a particular crime.
[01:49:46.780 --> 01:50:00.780]  Once you are arrested, 1406 commands the officer to take you directly to the nearest magistrate, reason being a police officer is authorized to arrest someone, but he's not authorized to imprison.
[01:50:00.780 --> 01:50:19.780]  So he's to arrest you and take you to the nearest magistrate and explain himself. Tell that neutral magistrate his reason for arresting you, and then the magistrate asks you if you have some evidence that would overcome the evidence of the police officer.
[01:50:19.780 --> 01:50:31.780]  If the judge finds probable cause, I'm sorry, the magistrate, because when a judge sits for the purpose of examining into a criminal accusation, he's sitting as a magistrate, not a judge.
[01:50:31.780 --> 01:50:56.780]  If he finds probable cause, then he's to issue an order under 16.17 stating whether he's released you at your liberty, bound you to the court, or remanded you to the jail, or released you on bail, and he's to create a warrant under 1620, and then he's to seal all those documents up and forward them to the clerk of the court of jurisdiction.
[01:50:56.780 --> 01:50:58.780]  They don't do any of this.
[01:50:58.780 --> 01:51:03.780]  I suspect that when you got arrested, you didn't go straight to some magistrate, you went to jail.
[01:51:03.780 --> 01:51:09.780]  I didn't see, I went straight to jail, and I didn't see the magistrate for almost three days.
[01:51:09.780 --> 01:51:17.780]  Okay, once you understand what's going on here, you may be able to go back and get everything thrown out.
[01:51:17.780 --> 01:51:39.780]  Because when the officer cranked his auto and started it, pointed it toward the jail, I maintain he committed aggravated kidnapping because he was required to take you to the magistrate, having made no due diligent effort to locate a magistrate, but having taken you to jail anyway as a matter of policy, he violated a law relating to his office.
[01:51:39.780 --> 01:51:52.780]  And if a policeman makes an arrest, even if the arrest is proper, but subsequently violates a law relating to his office, then he becomes a trespasser ab initio from the beginning and all his acts are defeated.
[01:51:52.780 --> 01:52:03.780]  And the courts are forbidden to consider evidence secured in violation of law.
[01:52:03.780 --> 01:52:09.780]  So since he becomes a trespasser from the beginning, all his evidence is garbage.
[01:52:09.780 --> 01:52:12.780]  Well, that's what happened to me.
[01:52:12.780 --> 01:52:21.780]  And I watched your video with you and Alex Jones, and it was a seven-part thing, and that's exactly what you said right now.
[01:52:21.780 --> 01:52:24.780]  This happens to everybody.
[01:52:24.780 --> 01:52:27.780]  Okay, let me go on through. This happens to everybody.
[01:52:27.780 --> 01:52:30.780]  They take you to jail, they put you in the hands of the jailer.
[01:52:30.780 --> 01:52:33.780]  The jailer had a duty to take you before a magistrate, but he didn't do that.
[01:52:33.780 --> 01:52:37.780]  He subjected you to the booking procedure, which is punishment.
[01:52:37.780 --> 01:52:44.780]  And the case law says you can't be punished until you have been convicted, or you haven't even been charged yet.
[01:52:44.780 --> 01:52:47.780]  You're not charged until you're brought before the magistrate.
[01:52:47.780 --> 01:52:49.780]  So you get to go after the jailers.
[01:52:49.780 --> 01:52:58.780]  And then you went before a magistrate, and I suspect when you went in front of that magistrate, that magistrate had a folder in his hand with information about you in it.
[01:52:58.780 --> 01:53:01.780]  The question is, where did you get that?
[01:53:01.780 --> 01:53:04.780]  How did you get that outside a proper hearing?
[01:53:04.780 --> 01:53:05.780]  Because it wasn't evidence.
[01:53:05.780 --> 01:53:07.780]  I didn't give it to him.
[01:53:07.780 --> 01:53:09.780]  Right. You didn't give it to him.
[01:53:09.780 --> 01:53:11.780]  The jailer gave it to him.
[01:53:11.780 --> 01:53:17.780]  And the magistrate held an examining trial with the jailer before you ever got there.
[01:53:17.780 --> 01:53:20.780]  That's an ex parte hearing that denies you a due process.
[01:53:20.780 --> 01:53:22.780]  That's a classic misdemeanor on their part.
[01:53:22.780 --> 01:53:24.780]  I can go on.
[01:53:24.780 --> 01:53:30.780]  You've listened to the show a few times, and you hear this routine over and over.
[01:53:30.780 --> 01:53:33.780]  All of these pieces have begun to drop into place.
[01:53:33.780 --> 01:53:45.780]  And then you go look back at what they did, and it will infuriate you because everything they did is wrong, everything from start to finish.
[01:53:45.780 --> 01:53:55.780]  I don't want to keep you two on for the next person he's going to call, but is there a way of filing a lawsuit against that?
[01:53:55.780 --> 01:53:57.780]  Absolutely.
[01:53:57.780 --> 01:54:00.780]  First, we get through due process.
[01:54:00.780 --> 01:54:06.780]  I'm working on a standard lawsuit right now for these issues.
[01:54:06.780 --> 01:54:10.780]  There is a way to file a major lawsuit.
[01:54:10.780 --> 01:54:12.780]  But now can we also make a suggestion to you?
[01:54:12.780 --> 01:54:15.780]  Get your hands on the jurisdictionary course.
[01:54:15.780 --> 01:54:16.780]  Absolutely.
[01:54:16.780 --> 01:54:24.780]  That will give you the understanding you need to know about the procedures that they're using against you and how to fight back.
[01:54:24.780 --> 01:54:29.780]  And if they don't allow you to use the same rules, how to file the lawsuit on your own,
[01:54:29.780 --> 01:54:34.780]  or at least understand what your attorney should be doing if you use one.
[01:54:34.780 --> 01:54:37.780]  Well, I've never used an attorney, ever.
[01:54:37.780 --> 01:54:45.780]  You can order jurisdictionary off our website. That is absolutely the best thing you can do.
[01:54:45.780 --> 01:54:52.780]  It's a 24-hour course, it's 24 hours in videos, and it's got some pamphlets with it.
[01:54:52.780 --> 01:54:54.780]  Order that course.
[01:54:54.780 --> 01:55:00.780]  I get guys calling in, and I can tell if they've done, if they've been through jurisdictionary.
[01:55:00.780 --> 01:55:04.780]  I had a guy call from Michigan, and he was telling me what was going on.
[01:55:04.780 --> 01:55:06.780]  I said, well, that sounds like you should file a writ of mandamus.
[01:55:06.780 --> 01:55:08.780]  Oh, I did that.
[01:55:08.780 --> 01:55:09.780]  And we talked a little while.
[01:55:09.780 --> 01:55:10.780]  Well, you should do this.
[01:55:10.780 --> 01:55:11.780]  Oh, I did that.
[01:55:11.780 --> 01:55:13.780]  I said, wait a minute.
[01:55:13.780 --> 01:55:15.780]  Have you got jurisdictionary?
[01:55:15.780 --> 01:55:16.780]  He said, oh, yeah, I got that.
[01:55:16.780 --> 01:55:17.780]  Well, that's right.
[01:55:17.780 --> 01:55:21.780]  This will give you a great step up.
[01:55:21.780 --> 01:55:26.780]  It'll get you, frankly, I talked to Eddie Craig while you were talking.
[01:55:26.780 --> 01:55:29.780]  This guy has a long way to go.
[01:55:29.780 --> 01:55:32.780]  You have a long way to go.
[01:55:32.780 --> 01:55:42.780]  But jurisdictionary, and you go through our due process routine two or three times, and you will come up to speed very quickly.
[01:55:42.780 --> 01:55:44.780]  You will be surprised.
[01:55:44.780 --> 01:55:50.780]  You will have everybody that knows you coming and asking you how to keep them out of trouble.
[01:55:50.780 --> 01:55:53.780]  And it won't take long.
[01:55:53.780 --> 01:55:58.780]  So best advice, get jurisdictionary.
[01:55:58.780 --> 01:56:07.780]  And then when we start talking about motions and pleadings and objections, you'll understand what they are and when and how to use them.
[01:56:07.780 --> 01:56:09.780]  He dropped off, Randy.
[01:56:09.780 --> 01:56:11.780]  Okay.
[01:56:11.780 --> 01:56:12.780]  I didn't even notice.
[01:56:12.780 --> 01:56:14.780]  I was cooking here.
[01:56:14.780 --> 01:56:15.780]  Okay.
[01:56:15.780 --> 01:56:18.780]  Somehow or other, we've got George on the line twice.
[01:56:18.780 --> 01:56:19.780]  Yeah.
[01:56:19.780 --> 01:56:20.780]  I'll take the second one.
[01:56:20.780 --> 01:56:23.780]  I suspect he dropped off and called back in.
[01:56:23.780 --> 01:56:29.780]  George, are you there, or can you hear us?
[01:56:29.780 --> 01:56:31.780]  We're having a little trouble with our –
[01:56:31.780 --> 01:56:32.780]  Hello?
[01:56:32.780 --> 01:56:33.780]  Hello?
[01:56:33.780 --> 01:56:34.780]  Okay.
[01:56:34.780 --> 01:56:35.780]  You there, George?
[01:56:35.780 --> 01:56:36.780]  Can you hear me?
[01:56:36.780 --> 01:56:38.780]  I can hear you.
[01:56:38.780 --> 01:56:39.780]  Okay.
[01:56:39.780 --> 01:56:40.780]  Can you hear me, Randy?
[01:56:40.780 --> 01:56:41.780]  I can hear you.
[01:56:41.780 --> 01:56:42.780]  Yes, we can hear you.
[01:56:42.780 --> 01:56:43.780]  Okay.
[01:56:43.780 --> 01:56:50.780]  You know, just picking up where we left off Monday about the citizens grand juries, and you say it's like cut our law.
[01:56:50.780 --> 01:56:58.780]  It even looks like the Constitution does not give any of the three branches of government any jurisdiction over grand juries.
[01:56:58.780 --> 01:57:00.780]  Right.
[01:57:00.780 --> 01:57:15.780]  So my concern about citizens grand juries, we have some folks out there advocating that a bunch of citizens get together and put together their own grand jury.
[01:57:15.780 --> 01:57:23.780]  And I'm saying really, really bad idea.
[01:57:23.780 --> 01:57:42.780]  A grand jury, the one that sits in the state, has statutory authority to sit in the state, and there is standing law that stipulates how that grand jury will be impaneled and what that grand jury will do.
[01:57:42.780 --> 01:57:45.780]  So they have statutory authority.
[01:57:45.780 --> 01:57:50.780]  When a bunch of guys get together and put together a citizens grand jury –
[01:57:50.780 --> 01:57:52.780]  Looks like a lynch mob.
[01:57:52.780 --> 01:57:54.780]  Exactly.
[01:57:54.780 --> 01:57:57.780]  That's how it comes up to me.
[01:57:57.780 --> 01:58:01.780]  And it makes no difference how well-intended they are.
[01:58:01.780 --> 01:58:07.780]  I certainly suspect that most every lynch mob had good intentions.
[01:58:07.780 --> 01:58:13.780]  But this citizens grand jury thing that's going around is really, really deep water.
[01:58:13.780 --> 01:58:15.780]  Okay, we're going to go to break.
[01:58:15.780 --> 01:58:16.780]  Hang on, George.
[01:58:16.780 --> 01:58:17.780]  We'll be right back.
[01:58:17.780 --> 01:58:23.780]  I'm going to ask you some questions about contract law, maritime.
[01:58:23.780 --> 01:58:38.780]  Kelton, Debbie Stevens, Eddie Craig, we'll be right back.
[01:58:53.780 --> 01:59:03.780]  Experience so enriching.
[01:59:03.780 --> 01:59:28.780]  Oh, and it all comes down to the heat from the kitchen.
[01:59:28.780 --> 01:59:39.780]  Heat from the kitchen.
[01:59:39.780 --> 01:59:59.780]  Heat from the kitchen.