ROL_2010-06-03_16k.timecode

[00:00.000 --> 00:10.760]  Iranian troops Tuesday entered Iraq's semi-autonomous region of Kurdistan after Iranian artillery
[00:10.760 --> 00:16.040]  killed a 14-year-old girl Sunday. Iranian troops are targeting militants from the Party
[00:16.040 --> 00:24.900]  for a Free Life in Kurdistan, PJAK, an anti-Iranian Kurdish group. Iran says PJAK has close ties
[00:24.900 --> 00:30.120]  to the Kurdistan Workers' Party, PKK, and is sheltering in bases in the mountainous
[00:30.120 --> 00:36.840]  region of northern Iraq. The UN vote on a new round of sanctions against Iran, scheduled
[00:36.840 --> 00:42.200]  for Thursday, will be postponed because of Israel's commando raid Monday on the Gaza-bound
[00:42.200 --> 00:48.320]  flotilla. Barack Obama phoned Turkish Prime Minister Recep Tayyip Erdogan in an attempt
[00:48.320 --> 00:53.760]  to calm tensions between Turkey and Israel. Turkey is angry at the US's tepid response
[00:53.760 --> 00:56.880]  to the raid in which Turkish citizens were killed.
[00:56.880 --> 01:03.880]  Ri Jang-gon, North Korea's deputy ambassador in Geneva, said Thursday war could erupt at
[01:03.880 --> 01:09.680]  any time between North and South Korea over the sinking of a South Korean warship in March.
[01:09.680 --> 01:17.040]  North Korea, hit with UN sanctions after testing nuclear devices in 2006 and 2009, is under
[01:17.040 --> 01:23.520]  international pressure to dismantle its nuclear weapons. Doctors in poor areas of Mississippi
[01:23.520 --> 01:29.760]  are looking to Iran for solutions to the dire healthcare situation. Since the 1980s, rural
[01:29.760 --> 01:34.780]  Iranians have been able to seek treatment at health houses in formal sites set up in
[01:34.780 --> 01:40.840]  small communities rather than hospital emergency rooms. They're staffed by citizens, not doctors,
[01:40.840 --> 01:46.520]  and focus on preventive care. A group of volunteers is traveling to Iran this month to see how
[01:46.520 --> 01:53.240]  health houses work. Dr. Aaron Shirley is spearheading the effort to transform healthcare in a region
[01:53.240 --> 01:58.800]  where nearly 3 out of 10 infants die. Residents are plagued by chronic illnesses, especially
[01:58.800 --> 02:03.800]  diabetes and heart disease, and few have health insurance. The Mississippi Delta's infant
[02:03.800 --> 02:08.240]  death rate is 10 times higher than Iran's.
[02:08.240 --> 02:12.860]  Haneen Zoubi, an Arab member of the Israeli parliament who was on board the Gaza-bound
[02:12.860 --> 02:18.480]  flotilla that was attacked on Monday, accused Israel Wednesday of killing peace activists
[02:18.480 --> 02:24.440]  as a way to deter future convoys. Zoubi said Israeli naval vessels had surrounded the flotilla's
[02:24.440 --> 02:29.880]  flagship, the Mavi Maumara, and fired on it a few minutes before commandos absailed from
[02:29.880 --> 02:35.080]  a helicopter. Zoubi added that within minutes of the raid beginning, three bodies had been
[02:35.080 --> 02:39.960]  brought to the main room on the upper deck, where she and most other passengers were confined.
[02:39.960 --> 02:46.020]  Two had gunshot wounds to the head in what she suggested were executions. Two other passengers
[02:46.020 --> 02:51.400]  slowly bled to death. After Israeli soldiers ignored messages in Hebrew, she held up at
[02:51.400 --> 03:17.680]  the window calling for medical help.
[03:22.400 --> 03:49.400]  Bad boys, whatcha gonna do? Bad boys, bad boys, whatcha gonna do? Whatcha gonna do?
[03:49.400 --> 04:18.480]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when we come for you? Here on the
[04:18.480 --> 04:27.480]  Rule of Law, Randy Kelton, Eddie Craig, and Deborah Stevens. And folks, if you didn't
[04:27.480 --> 04:34.320]  catch INN World Report Radio this evening, that's a show from 6 to 8 Central Time right
[04:34.320 --> 04:38.720]  before hours, definitely go back and listen to the archive. It was an excellent show.
[04:38.720 --> 04:46.040]  Tom had on Steve White, an activist, a 9-11 activist in New York City, one of the first
[04:46.040 --> 04:53.800]  individuals to give dust samples to Professor Steve Jones concerning the World Trade Center.
[04:53.800 --> 05:00.400]  So we thank Steve for his diligence in that matter, and it was just an excellent interview.
[05:00.400 --> 05:04.680]  So folks, please go back and listen to that. And now for our show, we're going to start
[05:04.680 --> 05:10.160]  off with Eddie. Eddie has some stuff for us tonight. What you got for us, Eddie?
[05:10.160 --> 05:15.520]  Well, if y'all remember, a week or so ago, we were having the great debate over law and
[05:15.520 --> 05:20.680]  religion intermixed and so on and so forth. And while I was doing some research on some
[05:20.680 --> 05:25.000]  things today, I came across something in the Texas Constitution that you might find very
[05:25.000 --> 05:31.440]  interesting. And Randy asked the question of, where does the law in Texas and God's
[05:31.440 --> 05:36.800]  Law intermingle? Well, this doesn't really show that it intermingles, but it leads kind
[05:36.800 --> 05:43.480]  of to what I was talking about here. This is Article 1, Section 4 of the Texas Constitution.
[05:43.480 --> 05:49.880]  Religious tests. No religious test shall ever be required as a qualification to any office
[05:49.880 --> 05:56.880]  or public trust in this state, nor shall anyone be excluded from holding office on account
[05:56.880 --> 06:04.000]  of his religious sentiments, provided he acknowledged the existence of a supreme being.
[06:04.000 --> 06:09.040]  Now, when was the last time you asked your public official, do you believe in a supreme
[06:09.040 --> 06:17.320]  being commonly known as God? And listen to what they have to say about it. According
[06:17.320 --> 06:23.520]  to this article of the Texas Constitution, if he doesn't believe in a supreme being,
[06:23.520 --> 06:27.440]  then he's subject to, quote, warrant over removal because he can't hold public office.
[06:27.440 --> 06:33.880]  Wow. This says, provided he acknowledges the existence of a supreme being. We can't test
[06:33.880 --> 06:39.720]  him for what religion he is or what religion he practices, but he must acknowledge or she
[06:39.720 --> 06:42.960]  must acknowledge the existence of a supreme being.
[06:42.960 --> 06:48.920]  And I would venture to say a supreme being as defined other than him or herself in their
[06:48.920 --> 06:54.360]  own mind. Yeah, well, that would be the case that I would think about.
[06:54.360 --> 07:03.280]  Darn. Now, I thought I had a loophole. You thought you had a loophole? Now, here's another
[07:03.280 --> 07:07.480]  interesting thing. I was researching some stuff on red light cameras along with a couple
[07:07.480 --> 07:12.560]  of other things I've been working on this week. And turns out that back in 2008, there
[07:12.560 --> 07:17.600]  was a lawsuit filed against the red light camera companies that operate these red light
[07:17.600 --> 07:23.120]  cameras. The basis of that lawsuit was that an actual attorney was sent one of these red
[07:23.120 --> 07:29.640]  light camera tickets and he challenged it. The company threatened him with going to the
[07:29.640 --> 07:34.480]  credit agencies and reporting on his credit because he wouldn't pay the ticket. So he
[07:34.480 --> 07:40.880]  filed suit against them. Turns out that these companies are subject to occupations code
[07:40.880 --> 07:48.680]  section 1702.101, investigations company license required. And it specifically says, unless
[07:48.680 --> 07:55.640]  the person holds a license as an investigations company, a person may not, one, act as an
[07:55.640 --> 08:01.680]  investigations company, two, offer to perform the services of an investigations company
[08:01.680 --> 08:08.040]  or three, engage in business activity for which a license is required under this chapter.
[08:08.040 --> 08:13.120]  That's exactly what these red light camera companies fall under, is an occupations code
[08:13.120 --> 08:19.560]  requirement that they have this investigator's license. They don't have it. They got sued
[08:19.560 --> 08:26.960]  and they lost. Now, turns out that these red light camera companies may also be in direct
[08:26.960 --> 08:34.040]  violation of a little known federal law called the Lanham Act. The Lanham Act specifically
[08:34.040 --> 08:43.840]  prohibits anyone from using the likeness or likeness of property belonging to anyone else
[08:43.840 --> 08:52.000]  without their explicit consent for the purpose of generating revenue. A red light camera
[08:52.000 --> 08:59.020]  ticket captures an image of you and your property when it's going down the road. They use that
[08:59.020 --> 09:05.320]  image to facilitate the collection of money and to profit from that collection and the
[09:05.320 --> 09:10.640]  use of that photograph or that video or any of the other materials they use when they
[09:10.640 --> 09:18.400]  capture your image. It turns out that since they don't have your express permission, they're
[09:18.400 --> 09:23.380]  very likely in violation of the Lanham Act. Randy, that is that letter I sent you through
[09:23.380 --> 09:30.200]  Skype a while ago to take a look at that I've drafted up regarding that issue. In your leisure
[09:30.200 --> 09:35.040]  time, if and when you find any, take a look at that and let me know what you think.
[09:35.040 --> 09:42.520]  Leisure and time in my life are contradictions of terms. They don't exist together.
[09:42.520 --> 09:45.840]  That's why I said it was such a smile, Steve.
[09:45.840 --> 09:52.640]  But I would very much like to look. That is an interesting statute. It leaves the red
[09:52.640 --> 09:58.840]  light camera issue not in para materia with existing law.
[09:58.840 --> 10:00.520]  Correct.
[10:00.520 --> 10:02.520]  The Lanham Act.
[10:02.520 --> 10:09.200]  But that is the general gist of what I had to present, short, sweet and to the point.
[10:09.200 --> 10:18.120]  Well, so how do we invoke the Lanham Act? It says an image, a likeness of the person.
[10:18.120 --> 10:22.760]  The red light camera doesn't capture the likeness of the person.
[10:22.760 --> 10:27.640]  Sure it does. It can take pictures of parts of the body of whoever is in the car, so on
[10:27.640 --> 10:32.280]  and so forth. It doesn't necessarily focus on just that. But remember, from what I looked
[10:32.280 --> 10:41.040]  at in the Act, it says that with any of the person or their property for the purpose of
[10:41.040 --> 10:45.400]  generating revenue. So they're taking a picture of your car.
[10:45.400 --> 10:54.760]  Oh, the person or property. That'll work. Oh, we get to have fun with this one.
[10:54.760 --> 11:02.400]  Yeah. But that's what that draft on that letter deals with, specifically that and a few U.S.
[11:02.400 --> 11:08.320]  Supreme Court cases stating exactly the same issue. So we should be able to have a lot
[11:08.320 --> 11:11.320]  of fun with that.
[11:11.320 --> 11:15.160]  And we have calls already, folks.
[11:15.160 --> 11:16.160]  Wow.
[11:16.160 --> 11:19.400]  If you want to go to the calls, unless you have something else?
[11:19.400 --> 11:22.120]  No, that's all I got to bring up at the moment.
[11:22.120 --> 11:27.080]  Okay, let's go to the calls. All right, we got Greg in California. Okay, Greg, thanks
[11:27.080 --> 11:29.200]  for calling in tonight. What's on your mind?
[11:29.200 --> 11:36.600]  How are you guys doing tonight? I called in previously on how I'm fighting a case for
[11:36.600 --> 11:41.240]  basically the police came into my house with a search warrant. I have a few questions on
[11:41.240 --> 11:48.760]  the Fourth Amendment. You know, the police came to my house, but the warrant was it didn't
[11:48.760 --> 11:54.520]  say, oh, actually, let me back up. I just seen a thing from the Supreme Court that for
[11:54.520 --> 12:03.240]  the first time in history, they have made a ruling on the Fourth Amendment saying, you
[12:03.240 --> 12:09.240]  know, that it was an invalid search warrant because every, when I mentioned the invalid
[12:09.240 --> 12:13.920]  search warrant, no matter if it's a public defender or a lawyer or the judge or whatever,
[12:13.920 --> 12:18.920]  they say, you know, as long as there was a valid warrant at the time of the search, it
[12:18.920 --> 12:25.440]  doesn't matter, you know, what warrant they came with. But, you know, as far as I'm concerned...
[12:25.440 --> 12:31.680]  Actually that is incorrect. Case law from all over the country shows very clearly that
[12:31.680 --> 12:36.520]  an officer is required to have the warrant in his possession. He doesn't have to have
[12:36.520 --> 12:42.880]  it on his person, but the officer has to have the valid warrant in his possession, in his
[12:42.880 --> 12:49.280]  car, in his book, but whatever he comes to you with, that warrant has to be in his possession
[12:49.280 --> 12:57.040]  before he can exercise it. Okay. See, the warrant that they came to my house with, it
[12:57.040 --> 13:02.360]  didn't have my name on it or address or anything like that, but it did have, you know, one
[13:02.360 --> 13:07.240]  of the things on there was a weapon or something. I mean, it described this guy as Hispanic.
[13:07.240 --> 13:11.760]  Okay, wait, wait, wait. Slow down just a second. It did not have your name. It did not have
[13:11.760 --> 13:17.480]  your address. It didn't have anything about who was to be searched or seized.
[13:17.480 --> 13:28.680]  Correct. So, the thing is, you know, that I agree with what you're saying and the thing
[13:28.680 --> 13:35.320]  that's baffling my mind is, you know, why I need to... I mean, isn't it, like, it's
[13:35.320 --> 13:39.920]  sad that I'm the one to have to defend myself against something that I shouldn't even be
[13:39.920 --> 13:45.200]  in court for because, you know, the cop comes to my house and everything like that and he
[13:45.200 --> 13:49.600]  comes in with everything and I show him, this is not my warrant. This has nothing to do
[13:49.600 --> 13:53.880]  with me and I didn't consent to him searching or whatever and they still went in the house
[13:53.880 --> 14:02.200]  and, you know, I know about, you know, complaints and stuff like that, but my question is, on
[14:02.200 --> 14:06.400]  the complaints filing against the police, do I need to file those complaints because
[14:06.400 --> 14:10.520]  I have one on your website and I have the complaints? Do I need to file those with the
[14:10.520 --> 14:17.200]  court or to the district attorney who is touching the charges or how is he doing?
[14:17.200 --> 14:20.000]  In California, you said you're in California, right?
[14:20.000 --> 14:23.200]  Correct. You can go straight to the grand jury in California.
[14:23.200 --> 14:30.800]  You don't have to go through anyone else. The California Constitution and the Constitution
[14:30.800 --> 14:36.880]  of the United States of America says very clearly that a warrant must specify who is
[14:36.880 --> 14:41.560]  to be searched or seized and what is to be sought.
[14:41.560 --> 14:45.040]  Right. It can't be an arbitrary warrant. It can't
[14:45.040 --> 14:50.160]  be an open-ended warrant. Yeah, the warrant that they came to my house
[14:50.160 --> 14:58.520]  with, right, okay, I'm white, I'm Caucasian and I live in the city of La Mirada. Well,
[14:58.520 --> 15:03.360]  the search warrant, there's two residents that are staying down here. One is in La Harbor,
[15:03.360 --> 15:08.160]  one is in Whittier. I don't live in either of those two cities. The person described
[15:08.160 --> 15:12.840]  is a Hispanic male driving a Dodge Silver Magnum and whatever. I mean, I don't even
[15:12.840 --> 15:18.880]  drive that kind of car and it has nothing to do with me. So, like, Randy, what I have
[15:18.880 --> 15:23.160]  to question is about the grand jury thing, you know, I'm really, I'm kind of like nervous
[15:23.160 --> 15:27.080]  right now. I'm a little bit stressed out, but, you know, for the last, this happened
[15:27.080 --> 15:31.280]  eight months ago. You know, in the warrant that they came to my house with, the one that
[15:31.280 --> 15:36.800]  has some other guy's name on it, that warrant was 17 days, it was signed 17 days before
[15:36.800 --> 15:42.520]  they even came to my house. So, I know a warrant requires 10 days, so it wasn't even, I mean,
[15:42.520 --> 15:47.840]  it was an illegal search, but I got to go back in two weeks and I'm just trying to find
[15:47.840 --> 15:52.360]  out what is the quickest and best remedy. Have you been charged with anything?
[15:52.360 --> 15:58.640]  Yeah, I've been charged with possession of a firearm, possession of an assault rifle,
[15:58.640 --> 16:02.480]  possession of a deadly weapon, basically stuff like that.
[16:02.480 --> 16:09.080]  Then you need to, have you prepared a motion to quash the evidence?
[16:09.080 --> 16:15.480]  I'm just, to be honest with you, like, my mind is so wound up from being in research
[16:15.480 --> 16:20.520]  and trying to find this out and find that out. It's like I can't even get my mind going
[16:20.520 --> 16:25.680]  to even process the information, what I need to do. I mean, this, I mean, like I actually,
[16:25.680 --> 16:30.120]  my mistake, but you know, I had to clean up my bank account. I withdrew all my savings
[16:30.120 --> 16:33.760]  to get a lawyer, paid $5,000 to the lawyer. He told me he can't represent anymore, so
[16:33.760 --> 16:36.800]  I lost my place to stay. I lost my home of 10 years over this.
[16:36.800 --> 16:42.000]  Wait a minute, you paid a lawyer $5,000 and he's not still, he's not representing you?
[16:42.000 --> 16:46.640]  No, he told me he cannot represent me anymore because of conflict of interest.
[16:46.640 --> 16:48.760]  He has to give you back your money?
[16:48.760 --> 16:52.560]  Well, according to him, he's not going to, and I know I need to file a bar grievance
[16:52.560 --> 16:54.160]  against him, but I need to-
[16:54.160 --> 16:57.120]  Okay, wait, hold on, hold on. We're going to break, Greg. Stay on the line. We'll be
[16:57.120 --> 16:58.120]  right back.
[16:58.120 --> 16:59.120]  Okay. Okay.
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[17:41.360 --> 17:48.880]  welcome to stop in our shop during regular business hours or call 512-646-6440 with any
[17:48.880 --> 17:54.560]  questions. Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM.
[17:54.560 --> 18:11.560]  That's Capital Coin and Bullion, 512-646-6440.
[18:24.560 --> 18:49.560]  We're open Monday through Friday, 10 a.m. to 6 p.m. Saturdays, 10 a.m. to 5 p.m. Saturdays,
[18:49.560 --> 19:12.560]  10 a.m. to 6 p.m. Saturdays, 10 a.m. to 5 p.m. Saturdays, 10 a.m. to 6 p.m. Saturdays,
[19:12.560 --> 19:18.360]  point to the next and it's a little bit difficult for us to follow. Eddie, you had a question
[19:18.360 --> 19:19.360]  for Greg?
[19:19.360 --> 19:25.840]  No, no, no. Not at the moment. Let him finish what he's saying.
[19:25.840 --> 19:31.560]  Like the Ninth Circuit Court, does the Supreme Court have anything to do with the District
[19:31.560 --> 19:36.960]  Court? Like if the Supreme Court's ruling, will that hold in the District Court, which
[19:36.960 --> 19:37.960]  I'm going to?
[19:37.960 --> 19:42.800]  Of course. Are you talking United States Supreme Court or are you talking a state Supreme Court?
[19:42.800 --> 19:52.360]  I believe it's the... Well, I have right here... What does it say?
[19:52.360 --> 20:03.920]  Okay, let me address this. We can handle this. Any appeals court or Supreme Court, if the
[20:03.920 --> 20:09.600]  Supreme Court is federal and it addresses a state law, all of this will go back to the
[20:09.600 --> 20:18.040]  trial judge. It rules him. It governs him. The trial judge must apply the law as it comes
[20:18.040 --> 20:25.080]  to him from the appeals, the supreme, the federal appeals, the federal supreme. He must
[20:25.080 --> 20:31.920]  apply that law to the facts in the case. So yes, if it's a higher court ruling on the
[20:31.920 --> 20:36.200]  issue, yes, it would apply to this judge, and he must follow it.
[20:36.200 --> 20:44.400]  Okay. So what I was saying was, it says, if law enforcement officers use a search warrant
[20:44.400 --> 20:47.880]  that does not describe the items thought, but is approved by a mandatory judge and the
[20:47.880 --> 20:51.560]  items are described in the application for the warrant, does the search violate the force
[20:51.560 --> 20:56.240]  amendment? Probation of unusual searches and seizures. If such a warrant is unconstitutional,
[20:56.240 --> 21:00.680]  can law enforcement officers be sued for executing the warrant, despite the fact that no court
[21:00.680 --> 21:07.240]  had previously held such a search unconstitutional? And then they said yes and yes. That Justice
[21:07.240 --> 21:11.000]  John Paul Stevens delivered the court's opinion holding that a search wasn't reasonable under
[21:11.000 --> 21:14.840]  the Fourth Amendment. Graz's warrant wasn't valid because it did not meet the Fourth Amendment
[21:14.840 --> 21:19.800]  required that a warrant particularly describe the person or things to be seen. So the fact
[21:19.800 --> 21:24.520]  of the matter is they didn't have a reason to come into my house then, correct? Because
[21:24.520 --> 21:26.600]  that's what they presented to me, right?
[21:26.600 --> 21:33.040]  Question. Yes. What did the warrant authorize them to search for? The one that they came
[21:33.040 --> 21:39.680]  to my house with that said, um, they authorized them at, um, you are therefore commanded to
[21:39.680 --> 21:44.320]  search. There's two addresses there. I don't live at either one. I mean, it's not even
[21:44.320 --> 21:51.080]  in the same city. No, stop, stop. What did they ask, authorized them to search for? Um,
[21:51.080 --> 21:57.680]  there was cocaine, methamphetamine, heroin, and firearms. Okay. Then that part of the
[21:57.680 --> 22:05.280]  search warrant, they were authorized to do if they can get past the validity of the warrant.
[22:05.280 --> 22:11.560]  What I was looking for, if they were authorized to search for persons and they open a drawer,
[22:11.560 --> 22:17.080]  unless the person is awfully small, they can't search the drawer. They can only search where
[22:17.080 --> 22:21.160]  a person could be. But if they're authorized to search for something like cocaine, they
[22:21.160 --> 22:27.640]  can essentially look everywhere. Right. So, so. Yeah, but the issue still remains that
[22:27.640 --> 22:31.920]  there still must be a designation as to where they're allowed to search. And he said that
[22:31.920 --> 22:37.820]  his address and none of the information on the warrant were specific to him or the location
[22:37.820 --> 22:43.120]  in which they came. Okay. Is that correct? Yeah. See, like I'm, I'm, I'm a white Caucasian.
[22:43.120 --> 22:47.280]  I'm about 170 pounds and I have blond hair. Wait, wait, wait, wait. That's, that's not
[22:47.280 --> 22:53.480]  my question. Okay. Did the warrant cover specifically where they were to go to perform the search
[22:53.480 --> 22:58.480]  and who was to be searched? Was the address correct? There was an individual, um, his
[22:58.480 --> 23:03.960]  name is Javier Rodriguez, and there is, um, two addresses. Um, one was in the city of
[23:03.960 --> 23:09.480]  La, was it the same address at which you were located? No, it's not even in the same city
[23:09.480 --> 23:17.360]  where I live in. Okay. So they have a severe problem. Right. If, if neither, if no address
[23:17.360 --> 23:24.800]  matched your address, then they had no warrant. Well, they're claiming there was a valid one,
[23:24.800 --> 23:29.680]  but they just didn't have it at the time. Okay. Then they must have, they produced
[23:29.680 --> 23:35.880]  a valid warrant. Well, it's in my, it's in the, I mean, this happened like eight months
[23:35.880 --> 23:39.800]  ago, you know, and that like the first time I went to court, my name was on the roster.
[23:39.800 --> 23:45.880]  They said, come back in two weeks. Stop, stop. Did you go to the court clerk and look in
[23:45.880 --> 23:54.320]  the court record? I did. Did you find a warrant in there? No. Then there is no warrant. Go
[23:54.320 --> 24:02.600]  back to the clerk of the court, make a written request for a, for the warrant authorizing
[24:02.600 --> 24:08.560]  the search of your property on this certain date. Give it to the clerk and the clerk will
[24:08.560 --> 24:12.520]  tell you what you don't have one. And then ask the clerk to simply write you an answer
[24:12.520 --> 24:20.240]  stating you have no records responsive to my request. Okay. You take that evidence from
[24:20.240 --> 24:26.840]  the clerk. You file a motion to dismiss for lack of valid warrant, the motion to strike
[24:26.840 --> 24:32.360]  all the evidence for lack of a valid warrant. And the only place the judge can look is in
[24:32.360 --> 24:37.200]  the court record. And there is, if there is no warrant in the court record, there's no
[24:37.200 --> 24:42.760]  other place for the court to look. Well, we'll see. Like, let me just back up a little bit.
[24:42.760 --> 24:47.560]  Like when I first got out of jail, I called the, I called the detective up and I asked
[24:47.560 --> 24:51.560]  him for paperwork with my name on it. He says, come in and I'll give it to you. Well, he,
[24:51.560 --> 24:55.800]  you know, we need the warrant. We came to your house with to get yours. I said, I'm
[24:55.800 --> 24:59.440]  not going to do that. So he go down to the orange County court and that's where we got
[24:59.440 --> 25:03.360]  our warrant out of, you know, it's a righteous warrant. So I immediately went there and I
[25:03.360 --> 25:08.640]  actually have a signature from that, the clerk, the supervisor, the clerk that said, um, you
[25:08.640 --> 25:13.560]  know, that there's no warrant issued out of this court. Well, I said, can you call a detective?
[25:13.560 --> 25:17.600]  She called a detective and she come back and says, Oh, the detective made a mistake. It's
[25:17.600 --> 25:21.000]  in Whittier court. I went to Whittier court. There's no warrant. I went to every quarter.
[25:21.000 --> 25:25.520]  There's no one, but now there is a valid warrant. And this is, you know, like, like,
[25:25.520 --> 25:31.280]  okay, stop, stop. Wait, you're running too fast. You went to these courts. Did you get
[25:31.280 --> 25:36.240]  anything in writing from them? I got, I got one thing in writing from the, from the North
[25:36.240 --> 25:39.760]  court where the officers actually said the warrant came out of, but now he's saying it
[25:39.760 --> 25:44.560]  came out of another court. I mean, they're like giving me the run around and like this.
[25:44.560 --> 25:48.680]  Okay. Which court are they saying it actually came out of?
[25:48.680 --> 25:59.800]  Um, I believe it is, um, uh, it's out of, um, Downey court or something like that. So
[25:59.800 --> 26:04.200]  I take it from the fact you're not too familiar. Everywhere I went to, everywhere I went to
[26:04.200 --> 26:12.600]  find a warrant, I couldn't find one. Have you been to that court? Yes. Did they produce
[26:12.600 --> 26:18.640]  a warrant? At the time I went, well, actually this whole case happened about eight months
[26:18.640 --> 26:22.960]  ago, but at that time, eight months ago, no, they, they didn't. And I did not get anything
[26:22.960 --> 26:30.800]  in writing, but now all of a sudden, go back to that court and ask for that warrant. Okay.
[26:30.800 --> 26:35.720]  If they can't produce it, give them a written request for the warrant and ask them to give
[26:35.720 --> 26:42.560]  you an answer stating they have no document, no records responsive to your request. Now
[26:42.560 --> 26:48.480]  you can prove they don't have it. And they go, well, there is one now it's in the case
[26:48.480 --> 26:52.720]  file. They do have a valid one now, but this is after eight months, you know, and go to
[26:52.720 --> 26:58.000]  the court that should have, that was supposed to have produced the warrant and make sure
[26:58.000 --> 27:08.160]  they have it. Okay. A couple of questions. Like, you know, I was also contemplating like,
[27:08.160 --> 27:13.200]  you know, when the affidavit is getting brought before a judge, the police are under the impression
[27:13.200 --> 27:17.280]  that there is probable cause that a crime has been committed, was committed, or is in
[27:17.280 --> 27:21.280]  the process of being committed. And if the police take that affidavit to the judge and
[27:21.280 --> 27:26.080]  the judge also signs and granting a warrant, I believe the judge also was under the impression
[27:26.080 --> 27:30.480]  that a crime has been committed, was committed, or is being committed. Correct? Correct. He
[27:30.480 --> 27:35.920]  must have that probable cause before him in the form of an affidavit. Right. So when the
[27:35.920 --> 27:40.640]  police come to my house and, you know, draw guns on me and invade my parts and do whatever
[27:40.640 --> 27:45.440]  they did and they arrest me. Well, the first time, second time I went to court when my
[27:45.440 --> 27:49.000]  name wasn't on the list, the first time my bell was exonerated and they said possible
[27:49.000 --> 27:53.800]  D reject, you know, do you have up to two years to file? Well, five months later down
[27:53.800 --> 27:57.680]  the road, I get something again from the court saying they filed a complaint. I went in the
[27:57.680 --> 28:01.280]  court again and I said, I'm here right now. They're all, you got to come back. We don't
[28:01.280 --> 28:05.200]  have your case file. I'm like, hold on a minute. I said, it says right here in this complaint
[28:05.200 --> 28:09.080]  that you filed a complaint. That means you have enough evidence to file a complaint against
[28:09.080 --> 28:12.560]  me. It's logged into the court of law. He's all, we don't have a case file yet, but I've
[28:12.560 --> 28:17.040]  seen it. So that's kind of fishy too. But I mean, here it is eight months down the road
[28:17.040 --> 28:21.520]  that you saw the press charges. I think if there was enough probable cause that the cop
[28:21.520 --> 28:25.120]  brought an affidavit and the judge signed a warrant, they should have had me the first
[28:25.120 --> 28:29.440]  time I went to court. You know what I'm saying? Starting these charges against me or whatever,
[28:29.440 --> 28:33.080]  not dismissing the bell and exonering the bell and not filing charges. And five months
[28:33.080 --> 28:39.680]  later come up with this warrant all of a sudden. You know, you need to go to the court and
[28:39.680 --> 28:47.240]  secure a copy of the warrant from, from the court, from which the warrant issued and a
[28:47.240 --> 28:53.680]  copy of the statement of probable cause in support of the warrant. There must be an affidavit.
[28:53.680 --> 28:58.480]  Request them both. I've seen the affidavit too. I actually read the affidavit and there
[28:58.480 --> 29:03.400]  was something about there saying that someone's seen some pictures or something. The thing
[29:03.400 --> 29:08.080]  is it wasn't even my gun. It was my father's gun. That's separate. That's separate. You're,
[29:08.080 --> 29:13.560]  you're, you're going in too many directions. We can't keep up. Sorry. Okay. Only what's
[29:13.560 --> 29:23.400]  relevant, the warrant and the affidavit. What did the affidavit state? The affidavit state
[29:23.400 --> 29:27.320]  that there was a person that came in and they said they had knowledge about guns and they
[29:27.320 --> 29:32.680]  knew about guns. Came in where? And they seen a gun in my house. Okay. Wait a minute. Okay.
[29:32.680 --> 29:37.120]  This warrant has your correct address on it. Do you have the name of the person who made
[29:37.120 --> 29:42.960]  the statement? No, they, they didn't show that. But I do have a right to confront that
[29:42.960 --> 29:48.320]  person don't I? What was the date on the warrant? The date on the warrant was on the 20th, one
[29:48.320 --> 29:52.640]  day before they came to my house. All right guys, we're about to go to break. Y'all hang
[29:52.640 --> 30:04.800]  on. We'll pick it up on the other side. It is so enlightening to listen to 90.1 FM but
[30:04.800 --> 30:09.280]  finding things on the internet isn't so easy and neither is finding like-minded people
[30:09.280 --> 30:14.360]  to share it with. Oh, well I guess you haven't heard of Brave New Books then. Brave New Books?
[30:14.360 --> 30:19.000]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex
[30:19.000 --> 30:23.960]  Jones, Ron Paul and G. Edward Griffin. They even stock inner food, murky products and
[30:23.960 --> 30:29.360]  Calvin Soaps. There's no way a place like that exists. Go check it out for yourself.
[30:29.360 --> 30:35.720]  It's downtown at 1904 Guadalupe Street just south of UT. By UT, there's never anywhere
[30:35.720 --> 30:40.480]  to park down there. Actually, they now offer a free hour of parking for paying customers
[30:40.480 --> 30:47.280]  at the 500 MLK parking facility just behind the bookstore. It does exist but when are
[30:47.280 --> 30:53.320]  they open? Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays. So give
[30:53.320 --> 31:02.040]  them a call at 512-480-2503 or check out their events page at bravenewbookstore.com. Are
[31:02.040 --> 31:08.480]  you the plaintiff or defendant in a lawsuit? Win your case without an attorney with JurisDictionary,
[31:08.480 --> 31:15.160]  the affordable, easy to understand, 4 CD course that will show you how in 24 hours, step by
[31:15.160 --> 31:20.800]  step. If you have a lawyer, know what your lawyer should be doing. If you don't have
[31:20.800 --> 31:26.520]  a lawyer, know what you should do for yourself. Thousands have won with our step by step course
[31:26.520 --> 31:33.520]  and now you can too. JurisDictionary was created by a licensed attorney with 22 years of case
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[31:58.360 --> 32:23.600]  866-LAW-EASY.
[32:28.360 --> 32:45.360]  All right, we are back. We're speaking with Greg in California Metta. We see you. Just
[32:45.360 --> 32:52.360]  hang on one moment while we finish up with Greg. Okay, so Greg, they finally managed
[32:52.360 --> 32:58.360]  to produce a warrant and the date was the date prior to when they came in. Randy, you
[32:58.360 --> 33:05.520]  had a question or statement for Greg? Yes. The first thing you need to do obviously is
[33:05.520 --> 33:12.440]  sit down when nobody's around to bother you, start at the beginning, write down the first
[33:12.440 --> 33:19.560]  thing that happened, then the next thing that happened and then the next thing that happened.
[33:19.560 --> 33:27.880]  Write a story telling who, what and when. Do not tell why, do not tell how, just who,
[33:27.880 --> 33:34.600]  what, when, just the facts of what occurred in the order they occurred. Right. And then
[33:34.600 --> 33:39.400]  once you've finished it, go back and go back through it and as you go through it, it'll
[33:39.400 --> 33:43.440]  trigger memories of things you missed the first time. Go through it two or three times
[33:43.440 --> 33:49.480]  and let it set a day or two and go back through it. This gets your thinking very well organized.
[33:49.480 --> 33:55.160]  You're feeling anxious and frustrated and you don't know where to go and that's because
[33:55.160 --> 34:02.240]  you don't have all this organized. You're inside it and you're reacting to it. You
[34:02.240 --> 34:06.160]  think of something and you have a reaction and you feel bad and that makes you think
[34:06.160 --> 34:12.840]  of something else and that makes you feel bad and it just cascades. Sit down and write
[34:12.840 --> 34:19.960]  a narrative. First write a complete outline. Once you have an outline written, now you
[34:19.960 --> 34:25.480]  have something to look at to keep yourself organized and you will be amazed how much
[34:25.480 --> 34:30.280]  that will clarify what is going on. You know, like Randy, I have been doing that
[34:30.280 --> 34:35.800]  for like eight months and what got me so, gets me so upset at this whole thing is how
[34:35.800 --> 34:40.000]  my rights were totally violated and I'm having to defend myself against someone that was
[34:40.000 --> 34:46.320]  clearly wrong. Okay, suggestion. For the moment, set aside
[34:46.320 --> 34:52.840]  all your self-righteous indignation. Yeah, you were picked on. Join the club. We've
[34:52.840 --> 34:56.200]  all been picked on. Just think about how much fun you're going
[34:56.200 --> 35:00.760]  to have suing them later and all the money you'll get out of them. That'll help calm
[35:00.760 --> 35:03.320]  you down. Yeah, that's exactly where I was going. Now
[35:03.320 --> 35:05.960]  is the time to get met. That sounds great, but like I said, you know,
[35:05.960 --> 35:10.560]  I know how the courts work and I know they don't really care about our rights or anything.
[35:10.560 --> 35:13.960]  They're going to do what they want to do and it seems like I'm a convicted felon.
[35:13.960 --> 35:19.800]  Okay, stop. Stop. You're feeling bad about that. Stop feeling bad about it. Start kicking
[35:19.800 --> 35:26.560]  them in their teeth. You're pro se. You've got powers and ability beyond those of normal
[35:26.560 --> 35:33.040]  attorneys. You can do things attorneys can't do. You can follow judicial conduct complaint
[35:33.040 --> 35:36.320]  at the drop of a hat. Bar grievances every time they squeak.
[35:36.320 --> 35:39.800]  Yes, speaking of attorneys, you need to go after that attorney for not giving you your
[35:39.800 --> 35:44.600]  money back if he admitted he had a conflict of interest. He has to return your money.
[35:44.600 --> 35:49.320]  I also have a little thing I just wrote real quick as far as like a complaint against the
[35:49.320 --> 35:54.200]  police. Can I read it to you and just see if this would be approved by you guys? Just
[35:54.200 --> 35:56.720]  real quick? Yes, but we need to go quickly. Meta's been
[35:56.720 --> 36:00.280]  holding a long time. Okay, it says, I guess it is human nature
[36:00.280 --> 36:05.360]  to try and get out of doing one's job yet. No, no, no, no, no, no.
[36:05.360 --> 36:12.240]  That's not a complaint. That's a letter. Yeah, okay. When you write a complaint, the
[36:12.240 --> 36:18.600]  best way to think of how to write a complaint is to go to the federal. In the federal, when
[36:18.600 --> 36:28.520]  you write a complaint, you write it in the language of the statute itself. On this day,
[36:28.520 --> 36:33.720]  this person, the way the complaint should start is I have reason to believe and do believe
[36:33.720 --> 36:40.240]  based on the following. On this day, this person committed this act and he stated very
[36:40.240 --> 36:45.520]  cleanly and no opinion, no argument. No emotion.
[36:45.520 --> 36:54.800]  Yes, who, what, when, and then state very clearly what statute you maintain it violated.
[36:54.800 --> 36:59.720]  That's what's in the complaint itself. If you'll send me an email off of our website,
[36:59.720 --> 37:04.600]  I'll send you an example of how I write a complaint here in Texas. Just make sure you
[37:04.600 --> 37:09.200]  match it up to what the statutes in California require a complaint to have.
[37:09.200 --> 37:14.560]  Just look at the complaint against you or any complaint against anyone and then look
[37:14.560 --> 37:17.920]  at the form of it. Okay.
[37:17.920 --> 37:24.800]  Look how concisely they write it. The person did this, did this, did this, did this, therefore
[37:24.800 --> 37:31.960]  they're in violation of the statute. Now you can attach to that an affidavit in support.
[37:31.960 --> 37:39.640]  What, my, turn my little stories in? Yeah, but don't, try to avoid argument.
[37:39.640 --> 37:46.600]  Okay. Try to keep it in terms of this, this person
[37:46.600 --> 37:51.440]  did this fact and if there's some mitigating circumstances, you can add the mitigating
[37:51.440 --> 37:59.340]  circumstances. If you try to explain, the magistrate will look at that and he'll feel
[37:59.340 --> 38:05.120]  like you're patronizing him. Okay.
[38:05.120 --> 38:10.320]  All he needs are the facts of the case. He can figure out if these facts add up to the
[38:10.320 --> 38:12.600]  crime or not. Okay.
[38:12.600 --> 38:19.240]  Read a few complaints. Look how the police do it and then read their affidavits and try
[38:19.240 --> 38:26.240]  to write it the way they write it because the judge or whoever reads it is going to
[38:26.240 --> 38:31.560]  expect it to be a certain way. If they don't see it that way, it triggers
[38:31.560 --> 38:36.080]  in their mind that, you know, this guy don't know what he's talking about. So you lose
[38:36.080 --> 38:38.700]  credibility. Okay.
[38:38.700 --> 38:43.720]  Another question real quick. What does DP mean in as far as like if someone's DP in
[38:43.720 --> 38:47.960]  court terms, does that mean disposition? I have no idea.
[38:47.960 --> 38:54.120]  Okay. Because last time I went to court, they kind of tricked me. They told me, I told them
[38:54.120 --> 38:58.080]  I wanted to represent myself and go pro-state in these two forms of paperwork, but then
[38:58.080 --> 39:01.760]  the public defender says, I go, I want to show you this warrant. And then she says,
[39:01.760 --> 39:05.480]  well, in order for us to even talk to you, you have to show out this little flow about
[39:05.480 --> 39:08.880]  how much money you make financially. So I filled out and gave it to her. And then we
[39:08.880 --> 39:12.720]  went in an office and I wanted to just show her the public, the warrant that they came
[39:12.720 --> 39:18.600]  to my house with. And she says, well, if you want us to represent you, we got to do, we
[39:18.600 --> 39:22.160]  got to go by what the law says. And I told her this is like, look, I'm not looking for
[39:22.160 --> 39:27.160]  conviction. I just want a dismissal. And then she was telling me about how there's no judgment
[39:27.160 --> 39:30.920]  center that the warrant, you know, they don't have to have it with them in this and that
[39:30.920 --> 39:35.560]  in order. Do I need to file a motion to go pro se or?
[39:35.560 --> 39:41.800]  I'm going to suggest you don't go pro se. I'm going to suggest every time your public
[39:41.800 --> 39:47.960]  defender does something you don't like, file a bar grievance against them. Okay. And then
[39:47.960 --> 39:51.960]  when the judge, when they asked to be removed, go to the judge and tell them, don't you dare
[39:51.960 --> 39:59.560]  remove that attorney from my case. That's my attorney. You leave him alone and you'll
[39:59.560 --> 40:04.960]  put the judge in a position to where he has to protect the attorney from you.
[40:04.960 --> 40:09.220]  So you're saying to keep that public defender? Yeah. Kick that public offenders behind every
[40:09.220 --> 40:14.880]  way from Sunday. You're a pro se. You can do that. There's nothing they can do about
[40:14.880 --> 40:18.760]  it. You file a bar grievance against her. If she goes and tells the judge, you file
[40:18.760 --> 40:23.760]  a bar grievance against her for that. If the judge removes her, you file a judicial conduct
[40:23.760 --> 40:29.360]  complaint against the judge. You need to talk to Rick. If Rick is listening, please call
[40:29.360 --> 40:37.760]  in. We'd like you to talk to Greg. Rick is the master. When it comes to this, he is absolutely
[40:37.760 --> 40:40.880]  the master. Yeah. And Randy, about this attorney situation,
[40:40.880 --> 40:45.560]  does he need to file a lawsuit to get his money back? Or, I mean, certainly a bar grievance.
[40:45.560 --> 40:50.560]  I mean, how, I mean, this is ridiculous. The attorney tells him that he's got a conflict
[40:50.560 --> 40:53.560]  of interest, but he won't give the money back. So what's the solution there?
[40:53.560 --> 41:00.080]  Absolutely. Bar grievance first, then a notice to the attorney of your intent to sue if he
[41:00.080 --> 41:05.320]  doesn't pay you back all your money in triplicate. You know what? Like two court dates ago when
[41:05.320 --> 41:09.000]  the judge ordered the attorney back at the next court date, the attorney didn't even
[41:09.000 --> 41:12.760]  show up. So we had to put off the court until 1.30, and then the judge said he wanted to
[41:12.760 --> 41:16.560]  put out a warrant for the public defender, the attorney, because he didn't show up when
[41:16.560 --> 41:23.560]  he was supposed to. You know what I mean? Then charge the attorney for your time.
[41:23.560 --> 41:28.560]  Yeah. I mean, I even tried to call this guy. He won't even return my calls or nothing.
[41:28.560 --> 41:34.360]  You don't have to talk to him. You start filing bar grievances against him, that'll get his
[41:34.360 --> 41:35.360]  attention. Yeah.
[41:35.360 --> 41:39.240]  You file bar grievance against him for him not talking to you. You file a bar grievance
[41:39.240 --> 41:48.720]  against him for taking your money and not representing your case. That you'd file theft,
[41:48.720 --> 41:49.720]  file against him for theft.
[41:49.720 --> 41:57.360]  Okay. I just got one more question real quick. I don't know how you would feel about this,
[41:57.360 --> 42:04.080]  but you know, I've been doing other research and this person said this, if I were to go
[42:04.080 --> 42:12.320]  to the court and talk to the public defender or something, and it's upon whose authority
[42:12.320 --> 42:16.880]  was this order issued, upon whose authority you are relying to make the legal determination
[42:16.880 --> 42:20.960]  that I have anything to do with the settlement of the affairs of this account, you're failing
[42:20.960 --> 42:23.920]  to provide evidence of authority or claim you need to believe that you may be acting
[42:23.920 --> 42:28.960]  as far as of nature with the intent of committing sedition against the events of interest in
[42:28.960 --> 42:32.560]  the United States. Please be advised in the event this matter progresses, you will be
[42:32.560 --> 42:36.080]  summoned forth to produce the evidence of authority and claim you have been.
[42:36.080 --> 42:40.520]  Okay. Don't do that unless you understand the underlying law.
[42:40.520 --> 42:41.520]  Right.
[42:41.520 --> 42:49.480]  That's not a magic bullet. You need to understand what claim you're making, what duty you're
[42:49.480 --> 42:53.080]  holding the attorney to. All that'll do is cause you more trouble.
[42:53.080 --> 42:58.600]  Well, I do kind of understand it a lot, actually. You know, I know that, you know, they're on
[42:58.600 --> 43:05.600]  their property, you know what I'm saying? And, you know, like, I know a lot about that.
[43:05.600 --> 43:08.400]  I'm just, I mean, I'm just...
[43:08.400 --> 43:12.880]  Okay. It's going to be hard for us to get to that because we'd have to spend a lot of
[43:12.880 --> 43:16.960]  time figuring out exactly what they're referring to.
[43:16.960 --> 43:22.400]  Okay. So basically you said just file some complaints and look at the affidavit and that's
[43:22.400 --> 43:23.400]  the first step, right?
[43:23.400 --> 43:27.800]  Yeah. You start bar grieving them and judicial conduct complaints against the judges. They're
[43:27.800 --> 43:28.800]  likely to get a lot more...
[43:28.800 --> 43:31.800]  And send a tort letter to that attorney that took your money and didn't give it back.
[43:31.800 --> 43:34.480]  And then when we come back, we're going to go to MEDA, please.
[43:34.480 --> 43:37.400]  We're going to go, yeah. MEDA has been hanging on the line for a while.
[43:37.400 --> 43:41.520]  I appreciate you guys this time. Sorry to sound so confused.
[43:41.520 --> 43:43.160]  I know it's a difficult situation.
[43:43.160 --> 43:44.720]  Yeah. Okay, you guys.
[43:44.720 --> 43:46.720]  Okay. Thanks, Greg. Keep us updated.
[43:46.720 --> 43:47.720]  Okay. Thanks.
[43:47.720 --> 43:53.200]  All right. When we get back, we're going to go to MEDA in Texas. And then we've got Pat
[43:53.200 --> 44:00.200]  from Texas. We will be right back.
[44:23.200 --> 44:30.200]  Okay.
[44:53.200 --> 45:00.200]  All right.
[45:24.200 --> 45:31.200]  Okay. We are back. We're taking your calls. We've got the callers lining up on the callboard
[45:35.520 --> 45:40.680]  here tonight. We've got MEDA, Pat and Brady. We're going to go to MEDA first. MEDA, thanks
[45:40.680 --> 45:42.800]  for calling in. What's on your mind tonight?
[45:42.800 --> 45:49.800]  Well, actually I have two things. One's a traffic question and the other one, you would
[45:49.800 --> 45:54.480]  have to see the humor in it. I think Eddie would see the humor in it, but it's pathetic.
[45:54.480 --> 45:59.840]  So I'll do the joke first. And it's not a joke. It's an actual incident.
[45:59.840 --> 46:04.520]  We had a gentleman come out to our property yesterday. He's a VA rep, you know, does site
[46:04.520 --> 46:11.520]  visits all over the state for 100% disabled vets. And he said he was in Uvalde recently,
[46:11.520 --> 46:18.520]  stuck at the border patrol stop. He was stuck there for an hour and a half. And they finally
[46:18.520 --> 46:25.120]  told him they were searching his vehicle and searching him. And their reason for it was
[46:25.120 --> 46:31.560]  on his government issue vehicle that he was driving with government license plate, he
[46:31.560 --> 46:37.400]  did not have a state inspection or state registration. And that was the reason they held him up and
[46:37.400 --> 46:43.160]  harassed him for an hour and a half. I figured Eddie could see the humor in that.
[46:43.160 --> 46:46.480]  Yeah. Especially considering they're not required to have it.
[46:46.480 --> 46:48.640]  Well, and even if they were...
[46:48.640 --> 46:54.880]  No, no, no. Government vehicles are exempt. They're specifically exempted in law. All
[46:54.880 --> 46:59.880]  government vehicles are specifically exempted from any and all state registration requirements.
[46:59.880 --> 47:06.560]  Oh, I know. But I thought you would see the humor in this. The guy was upset. He's a retired
[47:06.560 --> 47:13.560]  sergeant major, 30 years. He works for the VA. And well, like Randy says, would you recognize
[47:13.560 --> 47:20.560]  a police state if you see one? Now, to the traffic question. Today, as I was heading
[47:21.440 --> 47:28.440]  towards Sheffield, I saw the police officer. I was not speeding. I want you to know this.
[47:28.600 --> 47:32.600]  And I saw him. He was on the opposite... He was on my side of the road, facing toward
[47:32.600 --> 47:38.120]  me. I drove past and I looked in my mirror and I could see him pull out and turn around
[47:38.120 --> 47:44.640]  and start following me. And as I got into town, he pulled me over. And his reasoning
[47:44.640 --> 47:50.720]  was that my trailer... I normally don't carry a trailer, but I had a little four foot wide,
[47:50.720 --> 47:55.720]  eight foot long trailer I was towing. And he said the light didn't work on one of the
[47:55.720 --> 48:01.720]  things. Now, I understand I'm driving a full-size van. This trailer's empty. You can see all
[48:01.720 --> 48:08.720]  the light on my van from this little flatbed. He claimed that it doesn't matter that you
[48:11.400 --> 48:16.880]  see the vehicle light. He says they both have to work on the trailer. Like I said, this
[48:16.880 --> 48:23.120]  is a four foot wide, eight foot long flatbed trailer and it was empty. And when I sat there
[48:23.120 --> 48:28.360]  and I said, when did they change the law? Because before I pulled out of my driveway,
[48:28.360 --> 48:32.320]  both Mike and another gentleman told me, don't worry about it because as long as they can
[48:32.320 --> 48:39.320]  see the taillights on the vehicle, you're legal. So I asked him, when did the law change?
[48:39.320 --> 48:43.440]  And he said, well, it's always been that way. But I think because I made the comment, he
[48:43.440 --> 48:48.280]  said, well, I'm just going to give you a warning this time. But I'm very interested in knowing
[48:48.280 --> 48:51.960]  because this is not the first time I've heard somebody say, as long as you can see the light.
[48:51.960 --> 48:55.720]  I've heard other people say it. So what's the law?
[48:55.720 --> 49:00.800]  I would actually have to look it up as far as the towed trailers are concerned. But from
[49:00.800 --> 49:07.640]  what I remember seeing on the subject matter, the original hypothesis is correct. If they
[49:07.640 --> 49:13.120]  can see the warning lights of the vehicle and it's in daytime, there is no requirement
[49:13.120 --> 49:18.200]  that the trailer even have lights if it's being used in the daytime. As long as they
[49:18.200 --> 49:22.920]  can see the lights on the vehicle that's pulling the trailer.
[49:22.920 --> 49:26.520]  Do you have a farm use tag on the trailer?
[49:26.520 --> 49:35.520]  No, I have disabled vets and the van has a wheelchair lift on the back. It's not a farm
[49:35.520 --> 49:42.840]  truck. This is a handicapped vehicle, disabled vet tag with a wheelchair on the tag.
[49:42.840 --> 49:43.840]  What about the trailer?
[49:43.840 --> 49:45.920]  Now the trailer has a farm tag.
[49:45.920 --> 49:52.840]  A farm tag trailer does not have to have lights, period.
[49:52.840 --> 49:57.920]  That's all I need to know. Do you know exactly where I can find that? Because being me, I'm
[49:57.920 --> 50:03.400]  not just a person that I am. And afterwards I made him stand there for 20 minutes while
[50:03.400 --> 50:06.720]  I told him that I was running for office and why he should vote for me. But that's another
[50:06.720 --> 50:07.720]  story.
[50:07.720 --> 50:15.040]  So that you can come back later and show him exactly where he's screwed up.
[50:15.040 --> 50:17.200]  And I wanted to ask, how is your campaign going?
[50:17.200 --> 50:26.120]  What I want to do is send a letter out to the commissioners, to the sheriff, because
[50:26.120 --> 50:31.920]  obviously it's a training issue. He's required to read the law and know it better than I
[50:31.920 --> 50:36.440]  am. And it's obviously a training issue, if you're a respondent, because the sheriff
[50:36.440 --> 50:40.000]  should have ensured that he was trained to know these things.
[50:40.000 --> 50:43.000]  Was this a sheriff's deputy?
[50:43.000 --> 50:44.000]  Yep.
[50:44.000 --> 50:50.000]  Okay, well as long as he's a sheriff's deputy and not a DPS officer, because I had a sergeant
[50:50.000 --> 50:58.960]  on the DPS personally tell me that his officers were too stupid to read the penal code and
[50:58.960 --> 51:05.800]  he thought I was too. He told me, he asked me where I got something and I pulled out
[51:05.800 --> 51:11.680]  the penal code, the Code of Criminal Procedure. And he said, well, since you're not an attorney,
[51:11.680 --> 51:16.760]  I don't consider my officers sufficiently sophisticated in legal matters so as to make
[51:16.760 --> 51:21.600]  it profitable for them to attempt to read and understand everything that is in the penal
[51:21.600 --> 51:27.840]  code. And since you're not an attorney, I don't consider you sophisticated enough either.
[51:27.840 --> 51:31.560]  I called the director of the Department of Public Safety and spoke to Colonel Adams
[51:31.560 --> 51:36.960]  himself and said, Colonel Adams, what do you mean I'm too stupid to read the penal code?
[51:36.960 --> 51:42.760]  Who is this? Mr. Randall Kelton, why did you send Sergeant Rankin out to tell me that your
[51:42.760 --> 51:47.400]  officers are too stupid to read the penal code and you think I am too? I spent 30 minutes
[51:47.400 --> 51:51.360]  crawling down his throat. I think I'm the reason Sergeant Rankin...
[51:51.360 --> 51:53.360]  Okay, I'm a little more subtle.
[51:53.360 --> 51:58.080]  Well, I think that I'm the reason Sergeant Rankin retired as a sergeant. But that's
[51:58.080 --> 52:04.600]  what the DPS told me themselves, that they're too stupid to read it. So this is a sheriff's
[52:04.600 --> 52:08.080]  deputy. Maybe he's not.
[52:08.080 --> 52:15.000]  But, you know, Eddie has said they still have to take the training, traffic training, and
[52:15.000 --> 52:20.240]  I don't remember if it's annually or every other year, they have to renew. And obviously
[52:20.240 --> 52:25.440]  he's missing something and he doesn't know this. A superior respondent, the sheriff should,
[52:25.440 --> 52:29.520]  and I think we all should send a copy besides to the county judge, the county attorney,
[52:29.520 --> 52:35.320]  the county commissioner, and the sheriff. And I want to send a copy to Excellence in
[52:35.320 --> 52:37.320]  Law Enforcement, those people.
[52:37.320 --> 52:44.120]  And what you also want to do, Meta, is get a copy of the video from his car.
[52:44.120 --> 52:48.680]  And Eddie, do you know where it is in the traffic code that says that a trailer that's
[52:48.680 --> 52:52.120]  marked for farm use doesn't need to have lights?
[52:52.120 --> 52:54.600]  No, but I can find it. I can find it in short order.
[52:54.600 --> 52:57.320]  Okay, because Meta was asking a few minutes ago where that was.
[52:57.320 --> 53:01.720]  Meta, you've got my email address. If you'll send me an email, I'll reply back to that
[53:01.720 --> 53:02.720]  specific section.
[53:02.720 --> 53:08.320]  Yeah, frankly, when I found that, I was astounded. If it has farm tags...
[53:08.320 --> 53:10.120]  This is a farm trailer.
[53:10.120 --> 53:13.320]  Yeah, if it has farm tags, it needs no lights whatsoever.
[53:13.320 --> 53:19.720]  Yeah, the presumption is anything with a farm tag is only going to be operated during daylight
[53:19.720 --> 53:22.920]  hours anyway. That's the presumption.
[53:22.920 --> 53:26.320]  Well, knowing me, that's the only time I drive most times.
[53:26.320 --> 53:33.320]  If it has a farm tag, it could be a manure spreader or equipment that's used in the field
[53:33.320 --> 53:37.320]  or it's pulled behind a tractor. It's not amenable to a lighting system.
[53:37.320 --> 53:43.820]  Well, yeah, and like Eddie says, mainly, it's going to be for daytime use because it's for
[53:43.820 --> 53:48.320]  use on the farm. So, it's another reason.
[53:48.320 --> 53:49.920]  Any of those will work.
[53:49.920 --> 53:55.920]  If this guy was in the middle of Austin, maybe you could understand him not knowing that.
[53:55.920 --> 53:58.320]  But he wasn't in the middle of Austin.
[53:58.320 --> 54:01.320]  No, this is Sheffield, just north of Dryden.
[54:01.320 --> 54:04.320]  And that's unacceptable.
[54:04.320 --> 54:06.320]  Well, I appreciate it. I know you got other callers.
[54:06.320 --> 54:07.920]  Okay, Metta, before you go...
[54:07.920 --> 54:09.920]  Okay, I'll send you an email.
[54:09.920 --> 54:13.920]  Wait, Metta, how is your campaign going?
[54:13.920 --> 54:19.320]  I don't have money for a big campaign. I'm not rich.
[54:19.320 --> 54:20.320]  Get on there.
[54:20.320 --> 54:25.320]  The only thing I'll tell you is I believe in property rights and that I believe in the rule of law
[54:25.320 --> 54:28.320]  and I liked that one night you had a show.
[54:28.320 --> 54:32.320]  He later didn't impress me, but when he called in, he talked about how all the students,
[54:32.320 --> 54:39.320]  high school students, should have a class on law and how to file forms and do pro se.
[54:39.320 --> 54:40.320]  I thought that was great.
[54:40.320 --> 54:45.320]  I think that would be a great thing to be working with for all students.
[54:45.320 --> 54:51.320]  We would like you to come on the show and talk about your campaign.
[54:51.320 --> 54:52.320]  We need people like you in office.
[54:52.320 --> 54:57.320]  Well, it has to be when I'm up here because you heard how bad the phone reception is up there now
[54:57.320 --> 55:01.320]  since AT&T took over.
[55:01.320 --> 55:03.320]  Okay, let the other callers go in. Thank you.
[55:03.320 --> 55:06.320]  All right, thank you, Metta.
[55:06.320 --> 55:09.320]  Okay, we're going now to Pat in Texas.
[55:09.320 --> 55:12.320]  Pat, thanks for calling in. What's on your mind tonight?
[55:12.320 --> 55:14.320]  Well, hi. Hello, everybody.
[55:14.320 --> 55:18.320]  I'm a first-time caller and I have several questions.
[55:18.320 --> 55:27.320]  My son just recently got arrested for a second-degree felony with the fault with a deadly weapon.
[55:27.320 --> 55:30.320]  There's some issues with that.
[55:30.320 --> 55:37.320]  The guy that he was fighting with hit him from behind, and so he was defending himself,
[55:37.320 --> 55:40.320]  and it happened in front of his kids.
[55:40.320 --> 55:50.320]  The problem is we're not 100% sure, but it's questionable that the guy was high on something,
[55:50.320 --> 55:55.320]  and so my son ended up stabbing him about 14 times just trying to get him to stop hitting him
[55:55.320 --> 56:01.320]  because he had some kind of a bat-type object, and he almost killed him.
[56:01.320 --> 56:08.320]  He hit him right above the temple, and his head was just swollen,
[56:08.320 --> 56:11.320]  and the guy ended up going to the hospital, of course, because he got stabbed,
[56:11.320 --> 56:17.320]  and his wife was also hitting him too, and all this happened in front of the kids.
[56:17.320 --> 56:22.320]  Well, my son, like I said, he ended up getting arrested for a second-degree felony,
[56:22.320 --> 56:24.320]  but they didn't arrest the other guy.
[56:24.320 --> 56:29.320]  Is that legal that they didn't arrest him since the other guy started the fight,
[56:29.320 --> 56:32.320]  and he happened to be on the property.
[56:32.320 --> 56:37.320]  My son was on his property, but just prior to all that going on, they were good friends.
[56:37.320 --> 56:45.320]  My son said just out of the blue, he attacked him, and he didn't know what was going on.
[56:45.320 --> 56:54.320]  Okay, if he was on the other person's property, both parties were injured.
[56:54.320 --> 56:59.320]  Almost certainly, the party who went to the hospital got the police called
[56:59.320 --> 57:06.320]  and made allegations against your son, so stand in the police's position.
[57:06.320 --> 57:11.320]  They have a guy stabbed 14 times on his own property,
[57:11.320 --> 57:15.320]  and he's making an accusation against someone else,
[57:15.320 --> 57:21.320]  and he's claiming he used a bat to defend himself against a knife.
[57:21.320 --> 57:24.320]  Well, the problem is the guy hit my son first.
[57:24.320 --> 57:28.320]  Well, I understand, but he didn't tell the police that.
[57:28.320 --> 57:29.320]  I'm sure he didn't.
[57:29.320 --> 57:35.320]  So he told the police some information, and based on their information,
[57:35.320 --> 57:42.320]  a reasonable person of ordinary prudence would have reason to believe
[57:42.320 --> 57:46.320]  that a crime had been committed and that this person had committed it.
[57:46.320 --> 57:49.320]  So they come and arrest him.
[57:49.320 --> 57:52.320]  The thing is they didn't arrest him that night.
[57:52.320 --> 57:55.320]  They just arrested him. This happened two months ago.
[57:55.320 --> 57:58.320]  Well, this probably because they looked at this
[57:58.320 --> 58:01.320]  and considered the totality of the circumstances and said,
[58:01.320 --> 58:05.320]  well, there's probably more to this story.
[58:05.320 --> 58:06.320]  It is. There's a lot more.
[58:06.320 --> 58:09.320]  And that's why it took them a while,
[58:09.320 --> 58:14.320]  and they may have got enough information to give them reason to arrest your son,
[58:14.320 --> 58:19.320]  but your son shouldn't lay down and roll over.
[58:19.320 --> 58:24.320]  You should fight back. You can win in court if you don't just kill him.
[58:24.320 --> 58:28.320]  He's not going to lay down and roll over because this happened in front of his kids,
[58:28.320 --> 58:31.320]  and he was telling the guy, you know, stop.
[58:31.320 --> 58:34.320]  This is my kids, and these are young kids. These are not my kids.
[58:34.320 --> 58:36.320]  Hold on. We're about to go to break.
[58:36.320 --> 58:39.320]  Hold on. We'll pick back up on the other side.
[58:39.320 --> 58:46.320]  This is Randy Kelton, Eddie Stevens, and the Deborah Stevens.
[58:46.320 --> 58:49.320]  I think it's Eddie Craig, Randy.
[58:49.320 --> 58:51.320]  Yeah, that would be me to say.
[58:51.320 --> 58:53.320]  Wait a minute. You call me Randy Stevens.
[58:53.320 --> 58:55.320]  Okay. We'll be right back.
[58:55.320 --> 58:59.320]  Hang on the line, Pat. Hang on the line. We'll be right back.
[59:25.320 --> 59:27.320]  Let's go.
[59:55.320 --> 01:00:02.320]  The website Global Research says the real motive behind the Israeli assault on the Gaza
[01:00:02.320 --> 01:00:08.320]  peace flotilla was to scuttle substantive peace talks with the Palestinians and Syrians
[01:00:08.320 --> 01:00:13.320]  and repay the Turks for negotiating a nuclear fuel swap deal with Iran,
[01:00:13.320 --> 01:00:18.320]  significantly setting back Israel's case for military intervention.
[01:00:18.320 --> 01:00:25.320]  George Bush admitted Wednesday Khalid Sheikh Mohammed, so-called mastermind of 9-11,
[01:00:25.320 --> 01:00:29.320]  was waterboarded by the U.S. and said he would, quote, do it again to save lives.
[01:00:29.320 --> 01:00:34.320]  Bush also defended the decision to invade Iraq in 2003,
[01:00:34.320 --> 01:00:38.320]  saying al-Singh Saddam Hussein was, quote, the right thing to do,
[01:00:38.320 --> 01:00:41.320]  and the world is a better place without him.
[01:00:41.320 --> 01:00:48.320]  The BP oil slick is expected to hit Florida panhandle beaches by the weekend.
[01:00:48.320 --> 01:00:53.320]  Scientists are alarmed by the threat to the fragile coral reefs of the Florida Keys,
[01:00:53.320 --> 01:00:58.320]  the world's third-longest barrier reef, and a crucial wildlife habitat.
[01:00:58.320 --> 01:01:01.320]  Oil will smother and kill tiny coral polyps,
[01:01:01.320 --> 01:01:05.320]  and chemical dispersants being used extensively by BP
[01:01:05.320 --> 01:01:08.320]  will cause oil droplets to sink onto the reef.
[01:01:08.320 --> 01:01:13.320]  BP's failure to plug the massive oil leak has prompted forecasts
[01:01:13.320 --> 01:01:16.320]  it may continue gushing until Christmas.
[01:01:16.320 --> 01:01:19.320]  BP's attempts to cap the well haven't worked,
[01:01:19.320 --> 01:01:23.320]  while the start of the hurricane season this week will inevitably slow relief efforts.
[01:01:23.320 --> 01:01:28.320]  Dan Pickering, head of research at Energy Investor Tudor Pickering Holt, says,
[01:01:28.320 --> 01:01:31.320]  quote, the worst-case scenario is Christmas.
[01:01:31.320 --> 01:01:35.320]  Harry Roberts, professor of coastal studies at Louisiana State University,
[01:01:35.320 --> 01:01:39.320]  says the millions of barrels of escaped crude will wipe out marine life
[01:01:39.320 --> 01:01:43.320]  deep at sea and along hundreds of miles of coastline.
[01:01:43.320 --> 01:01:48.320]  Mark Sato, associate scientist at Woods Hole Oceanographic Institution,
[01:01:48.320 --> 01:01:52.320]  says so much crude pouring into the ocean may alter the sea's chemistry
[01:01:52.320 --> 01:01:54.320]  with unforeseeable results.
[01:01:54.320 --> 01:01:58.320]  Dave Rensink, president-elect of the American Association of Petroleum Geologists,
[01:01:58.320 --> 01:02:01.320]  said the relief wells could miss their mark,
[01:02:01.320 --> 01:02:05.320]  requiring more time for a second, third or fourth try.
[01:02:05.320 --> 01:02:09.320]  This news brief brought to you by the International Newsnet.
[01:02:09.320 --> 01:02:12.320]  British activists who took part in the Gaza aid flotilla
[01:02:12.320 --> 01:02:16.320]  allege they were abused, humiliated and beaten by Israeli troops
[01:02:16.320 --> 01:02:18.320]  after the raid on their ship.
[01:02:18.320 --> 01:02:21.320]  Sarah Colborne, director of campaigns and operations
[01:02:21.320 --> 01:02:23.320]  at the Palestine Solidarity Campaign,
[01:02:23.320 --> 01:02:26.320]  insisted Thursday no passengers were armed
[01:02:26.320 --> 01:02:29.320]  and called the attack on Israel as a threat.
[01:02:29.320 --> 01:02:34.320]  The passengers were armed and called the attack an act of piracy and a massacre.
[01:02:34.320 --> 01:02:35.320]  Colborne recounted, quote,
[01:02:35.320 --> 01:02:38.320]  I saw an injured person being tended to by a doctor
[01:02:38.320 --> 01:02:40.320]  and someone who was trained in first aid.
[01:02:40.320 --> 01:02:42.320]  He was shot in the head.
[01:02:42.320 --> 01:02:44.320]  Colborne insisted we had no weapons.
[01:02:44.320 --> 01:02:46.320]  We knew there might be problems with the Israelis
[01:02:46.320 --> 01:02:49.320]  because of the way they treated previous convoys.
[01:02:49.320 --> 01:02:50.320]  Colborne went on,
[01:02:50.320 --> 01:02:55.320]  we never considered they would murder so many people on a humanitarian mission.
[01:02:55.320 --> 01:02:59.320]  This news brief brought to you by the International Newsnet.
[01:03:25.320 --> 01:03:27.320]  They're operating in Iraq.
[01:03:27.320 --> 01:03:30.320]  I'm afraid we probably can't demonstrate, man.
[01:03:30.320 --> 01:03:34.320]  They say we might choose, but we don't do it.
[01:03:34.320 --> 01:03:36.320]  What the fuck do we want?
[01:03:41.320 --> 01:03:43.320]  What do we say?
[01:03:44.320 --> 01:03:46.320]  I just need to tell them.
[01:03:47.320 --> 01:03:49.320]  What do you want?
[01:03:49.320 --> 01:03:53.320]  Can't hold justice, can't bar this man.
[01:03:53.320 --> 01:03:55.320]  Can't have room in the chapel.
[01:03:55.320 --> 01:04:00.320]  Can't pour our words, can't pour our lives in vain.
[01:04:00.320 --> 01:04:03.320]  None of them will be chanted with me.
[01:04:03.320 --> 01:04:07.320]  See, all man was created equally.
[01:04:07.320 --> 01:04:10.320]  Chant on Babylon and do it daily.
[01:04:10.320 --> 01:04:13.320]  And when night come, pray for everybody.
[01:04:13.320 --> 01:04:17.320]  So one by one, we have to chant them, man.
[01:04:17.320 --> 01:04:46.120]  Okay, we are back. We're taking your calls. We're speaking with Pat in Texas. Okay, Pat,
[01:04:46.120 --> 01:04:53.600]  continue. Okay. You know, what I had a problem with, the guy had just come over our house.
[01:04:53.600 --> 01:04:59.280]  This happened like on a Thursday. Well, Sunday, prior to this happening, he had been over to the
[01:04:59.280 --> 01:05:03.200]  house. You know, my son had been talking with this guy for a while. You know, they were real good
[01:05:03.200 --> 01:05:09.800]  friends. You know, he's taken the kids over to the guy's house. They'd eaten dinner over there
[01:05:09.800 --> 01:05:15.400]  several times, you know. And, you know, they're really good friends. And he just happened to go
[01:05:15.400 --> 01:05:21.680]  over there one day. And it was like out of the blue, he just jumped up and started hitting him.
[01:05:21.680 --> 01:05:28.160]  And so, you know, my son was in the process of leaving the property. And that's when he
[01:05:28.160 --> 01:05:35.600]  clocked him from behind. And so, you know, like I said, you know, I know he's your son and you're
[01:05:35.600 --> 01:05:43.960]  probably not going to like this, but it has been my experience that oftentimes people don't tell
[01:05:43.960 --> 01:05:50.280]  you the whole story. Oh, I know. I know. I mean, I'm just now finding out it was 14 times, so.
[01:05:50.280 --> 01:05:59.600]  Yeah, so they're, but even so, if he was leaving the property, even if the other guy had really
[01:05:59.600 --> 01:06:05.480]  good reason to be PO'd at your son, hitting him from behind with a baseball bat is not
[01:06:05.480 --> 01:06:14.120]  acceptable behavior. And the problem the other two will have, it's real easy when you're the one
[01:06:14.120 --> 01:06:21.000]  making the allegation and telling the story to tell any story you want to. But when you get on
[01:06:21.000 --> 01:06:29.160]  the stand under oath, under cross-examination, that gets a whole lot harder. And liars never
[01:06:29.160 --> 01:06:34.160]  get the facts straight. Oh, I know. Well, one thing I do know about my son, the only way you're going
[01:06:34.160 --> 01:06:38.520]  to take him down like that is you have to get him from behind. Because if he sees you coming,
[01:06:38.520 --> 01:06:45.560]  you'll be ready for it. Yeah, so. And so, you know, I'm, I know my son and I'm pretty sure,
[01:06:45.560 --> 01:06:51.120]  I'm 99.9% sure the guy got him from behind. That's the only way he could have got him.
[01:06:51.120 --> 01:06:57.120]  Yeah, but. We're talking ex-military. Well, he should have, did he take,
[01:06:57.120 --> 01:07:01.360]  have somebody take pictures of the back of his head to prove that he was hit in the back of the
[01:07:01.360 --> 01:07:06.640]  head? I mean. He, he eventually that night, later on that night, he called the police. They came out.
[01:07:06.640 --> 01:07:11.920]  I mean, wherever he was, he didn't come home. So, but wherever he was, he called them. The police
[01:07:11.920 --> 01:07:18.200]  took pictures of him too. So this, this will probably mitigate itself. You know, this guy
[01:07:18.200 --> 01:07:23.920]  is probably going to say, well, he said he had a gun in the car and he was going to get it.
[01:07:23.920 --> 01:07:29.040]  Well, he walked over there because we, you know, he just was down the street from us.
[01:07:29.040 --> 01:07:35.360]  Well, the problem, the concern, you know, before, you know, we like to pick on the police.
[01:07:35.360 --> 01:07:38.400]  Yeah. Because we think they're a bunch of chumps. However.
[01:07:38.400 --> 01:07:44.080]  I won't say what I think about it, but let's. However, if in order to address an issue
[01:07:44.960 --> 01:07:51.680]  reasonably, we can't assume that the police are always the problem. And in this case,
[01:07:51.680 --> 01:07:59.360]  you have two individuals with the, who actually obviously were not able to handle their differences
[01:07:59.360 --> 01:08:08.000]  in a civil manner and resorted to extraordinary measures. So we have to be,
[01:08:10.160 --> 01:08:14.400]  and it's not a matter of who's right or who's wrong in order, in order to help somebody.
[01:08:14.400 --> 01:08:19.680]  First, we have to understand what the real story is. And when people come to me for help,
[01:08:19.680 --> 01:08:26.560]  I tell them, first thing I need, if you screwed up, tell me. I can't help you if you don't tell me.
[01:08:26.560 --> 01:08:31.600]  You gotta tell me everything. Then we'll know how to do it. If we have to do damage control,
[01:08:31.600 --> 01:08:36.320]  we have to do damage control. Well, I think the issue was the guy had
[01:08:36.320 --> 01:08:43.040]  taken, he had, he had some, my son was, had some property that he went over to get
[01:08:43.040 --> 01:08:50.640]  it. And that belonged to my husband. We found out later the guy had sold it.
[01:08:52.640 --> 01:08:57.200]  And so I guess when he asked him for it, you know, he just went ballistic.
[01:08:59.040 --> 01:09:07.280]  Well, did your son make any threat against? No, not the, not to my knowledge, he didn't.
[01:09:07.280 --> 01:09:15.840]  And just because the son asked for property and this guy didn't want to give the property back,
[01:09:15.840 --> 01:09:21.520]  he hit your son from behind with the bat? Yes. I mean, you know, he told him to get off
[01:09:21.520 --> 01:09:24.640]  his property and my son turned around, you know, he had the kids, so he turned around
[01:09:25.200 --> 01:09:29.920]  and he was leaving. And even the kids told me, you know, he was cussing and going on,
[01:09:29.920 --> 01:09:33.200]  the guy, and they, the kids say, you know, the guy went after him first.
[01:09:33.200 --> 01:09:37.760]  The kids will be the salvation. Okay.
[01:09:38.480 --> 01:09:41.440]  But now wait a minute, he said the kids are fairly young.
[01:09:42.000 --> 01:09:45.680]  Well, they're eight and six. That's enough.
[01:09:47.760 --> 01:09:54.560]  Eight and six, those are good ages because you can't convince them to lie to a judge. So
[01:09:55.200 --> 01:09:59.440]  they will, they won't pay any attention to what your son says. They won't pay any attention to
[01:09:59.440 --> 01:10:03.440]  what the other people say. They will pay attention to what those children say.
[01:10:05.920 --> 01:10:11.280]  So if there's no issues, you know, what we did generally deal with is due process.
[01:10:12.880 --> 01:10:16.800]  As long as, okay, your son was obviously arrested.
[01:10:19.600 --> 01:10:22.720]  Are you there? You're cutting out on me. Yeah. Was your son arrested?
[01:10:22.720 --> 01:10:30.320]  Yes, just this weekend. And they came over here. He called them on a child support issue.
[01:10:31.760 --> 01:10:37.120]  They came over here and he was trying to get, you know, he was really trying to get his ex,
[01:10:37.120 --> 01:10:44.000]  well, not his wife to give him custody. You know, we were having problems getting custody of the kids.
[01:10:44.960 --> 01:10:48.720]  And so, you know, they were trying to straighten it out. He does have a court order for visitation
[01:10:48.720 --> 01:10:52.160]  and all that stuff. And so, you know, he was just trying to get that straightened out. Well,
[01:10:52.160 --> 01:10:56.720]  they ended up arresting him. They didn't have, to my knowledge, they didn't have a warrant.
[01:10:57.520 --> 01:11:01.040]  I mean, they said they had a warrant, but they never showed proof of a warrant.
[01:11:01.760 --> 01:11:04.560]  They told them they'd let him see it when they got back to the jail.
[01:11:04.560 --> 01:11:14.320]  Okay. In Texas, the statute says, 1516, that the magistrate who issued the warrant must make the
[01:11:14.320 --> 01:11:24.480]  warrant available for inspection immediately after execution. So if it's Austin and it was the Travis
[01:11:24.480 --> 01:11:30.960]  County, most likely the warrant was issued by Herb Evans. No, it was a different county,
[01:11:30.960 --> 01:11:36.240]  but real close to Austin. Okay, then find out who issued the warrant.
[01:11:36.880 --> 01:11:43.120]  Okay. And go to that magistrate's office. He is required to have it, make it available immediately.
[01:11:43.120 --> 01:11:46.560]  Okay. And then you can look at the warrant, see if they actually had one.
[01:11:47.680 --> 01:11:52.720]  I don't think they did. I think they were just saying that they did, so, you know.
[01:11:52.720 --> 01:11:56.400]  Well, what reason, you know, did they want to arrest him anyway?
[01:11:57.520 --> 01:12:05.040]  Probably, because he, what happened prior to that Friday is we had gone, I went with them to go to
[01:12:05.040 --> 01:12:09.920]  the school where the kids go to school. And his wife had been withholding the kids from
[01:12:09.920 --> 01:12:16.640]  visitation for two months. And so he finally went, he went to the school and they called the wife,
[01:12:16.640 --> 01:12:21.200]  they called the sheriff's department, they called CPS. They cleared it with everybody
[01:12:21.200 --> 01:12:27.280]  for him to pick up the kids. Okay. We came home and, you know, he was a little upset about all
[01:12:27.280 --> 01:12:32.320]  this stuff that he had to go through to get them. And so he called the cops out here to talk to them
[01:12:32.320 --> 01:12:38.640]  about getting, because he had, we only had two kids and he has three with this particular lady.
[01:12:38.640 --> 01:12:43.680]  And we were trying to get the third child. Well, she didn't want to give us the third child.
[01:12:44.640 --> 01:12:51.760]  And so she was given the runaround and, you know, avoiding it, avoiding all the issues and stuff.
[01:12:51.760 --> 01:12:55.440]  How did that get to his arrest? Did they want to arrest him?
[01:12:55.440 --> 01:12:58.880]  Well, when he called them out here, that's when they arrested him. They said,
[01:12:58.880 --> 01:13:04.320]  oh, we were going to arrest you anyway. You know, but they didn't have a warrant or anything.
[01:13:04.320 --> 01:13:10.720]  And he's the one that called them. Yeah. Okay. He didn't agitate the police or...
[01:13:10.720 --> 01:13:14.720]  No, no, no, they weren't agitated. He cooperated with them and everything.
[01:13:14.720 --> 01:13:19.760]  So then they probably already had the warrants. You know, the first thing they did when he called
[01:13:19.760 --> 01:13:24.560]  is run around some warrants. So they probably knew when they walked out there, they were going
[01:13:24.560 --> 01:13:30.080]  to arrest him. So, and it doesn't sound like it was acrimonious that they were just, they had the
[01:13:30.080 --> 01:13:35.440]  warrant and they had to do it. Yeah. No, they just, you know, I'm sure they
[01:13:35.440 --> 01:13:40.240]  were waiting for him and I'm sure pretty sure it stemmed from the child support issue, you know,
[01:13:40.240 --> 01:13:45.200]  because they couldn't charge him with kidnapping because when he went to the school, he had his
[01:13:45.200 --> 01:13:48.080]  court papers with him stating that he has visitation rights.
[01:13:48.080 --> 01:13:55.040]  Yeah, that probably had nothing to do with it. Police hate interfering in family issues because
[01:13:55.040 --> 01:13:59.680]  that's the most dangerous thing they ever get into. Well, in this particular instance,
[01:13:59.680 --> 01:14:04.480]  dealing with this particular county, nothing, I mean, we're dealing with the good old boy system.
[01:14:04.480 --> 01:14:09.120]  We're not dealing with real justice. Well, okay. Don't feel singled out.
[01:14:10.320 --> 01:14:14.960]  It's the same everywhere and family law is the most corrupt.
[01:14:14.960 --> 01:14:18.880]  Yeah. Well, I can imagine, you know, it stresses everybody out really.
[01:14:18.880 --> 01:14:23.680]  Okay. Callers are really stacking up. Can I ask you one more question?
[01:14:24.560 --> 01:14:28.400]  I'm just going to ask now, when they did come out and they asked me who,
[01:14:28.400 --> 01:14:33.920]  they asked me to identify myself. I told them what my name was and I didn't say my first name.
[01:14:33.920 --> 01:14:38.240]  I just said my last name. I'm Mrs. So-and-so. And they said, well, what's your name? I said,
[01:14:38.240 --> 01:14:43.680]  why do you want to know? And there was two cops and the female cop said, well, you know,
[01:14:43.680 --> 01:14:47.600]  I can arrest you. And I told her, I said, I gave you my name. You asked me. I didn't,
[01:14:47.600 --> 01:14:51.360]  just because I didn't tell you my first name didn't mean I didn't identify myself.
[01:14:51.360 --> 01:14:55.840]  I said, I'm the owner of the house and I wouldn't give her the first name. She said,
[01:14:55.840 --> 01:14:59.360]  well, let me have your license. I'm going to run warrants on you.
[01:14:59.360 --> 01:15:02.960]  And you're not required to give them any information about yourself,
[01:15:02.960 --> 01:15:06.000]  unless you have already been lawfully arrested for something else.
[01:15:06.880 --> 01:15:09.600]  And I have not ever been arrested in my life.
[01:15:10.640 --> 01:15:11.520]  Did they pursue?
[01:15:12.480 --> 01:15:16.240]  No, they didn't pursue. I just, because see, I had just gotten out of the hospital and I was
[01:15:16.240 --> 01:15:21.280]  stressed out and I was, you know, I was politically, I wouldn't say that.
[01:15:21.280 --> 01:15:26.160]  The police can ask you anything they want to, but her telling you she could arrest you.
[01:15:27.360 --> 01:15:30.000]  That should get a complaint against her. Okay.
[01:15:30.000 --> 01:15:36.080]  In the real world we live in, you're probably, if your son is skating on thin ice anyway,
[01:15:36.080 --> 01:15:38.320]  you probably don't want to create any more fights yet.
[01:15:39.120 --> 01:15:41.520]  Yeah, I know. Save that fight for later.
[01:15:42.960 --> 01:15:46.880]  Okay. We really need to move along. The calls are really stacking up.
[01:15:46.880 --> 01:15:53.280]  Yeah. People do need to know, however, that the crime of failure to ID only applies if you have
[01:15:53.280 --> 01:15:58.160]  already been arrested. Police can't just come up to you and ask you for your ID.
[01:15:58.160 --> 01:16:02.320]  And then if you don't give it, then they arrest you because of failure to ID.
[01:16:02.320 --> 01:16:05.680]  You have to have already been arrested for something else.
[01:16:05.680 --> 01:16:09.520]  There already has to be probable cause that you've committed some crime
[01:16:09.520 --> 01:16:17.360]  and you have to be already arrested for it before they can charge you with failure to identify
[01:16:17.360 --> 01:16:23.520]  yourself if you refuse to ID. So, I mean, depending on the situation, like Randy's saying,
[01:16:23.520 --> 01:16:27.760]  may not be a fight you want to get into right now, but people do need to realize
[01:16:27.760 --> 01:16:31.200]  this isn't a show your paper society. At least not yet.
[01:16:31.200 --> 01:16:35.600]  We're trying to keep it that way. So, all right. Thank you very much, Pat.
[01:16:35.600 --> 01:16:36.800]  Thank you. Okay.
[01:16:36.800 --> 01:16:39.760]  We're going to break. And when we get back, we've got Brady. We've got
[01:16:40.320 --> 01:16:45.040]  first time caller Charles from Texas. We're going to take Charles after Brady.
[01:16:45.040 --> 01:16:51.440]  So Charles, excuse me, hang on the line. We've got Ken, Dan, Bad Bob. We've got a lot of callers.
[01:16:51.440 --> 01:16:56.480]  So we're going to try to keep everybody efficient, short and sweet. We'll be right back.
[01:16:56.480 --> 01:17:01.920]  Capital Coin and Bullion is your local source for rare coins, precious metals, and coin supplies in
[01:17:01.920 --> 01:17:08.080]  the Austin Metro area. We also ship worldwide. We are a family owned and operated business that
[01:17:08.080 --> 01:17:13.840]  offers competitive prices on your coin and metals purchases. We buy, sell, trade and consign rare
[01:17:13.840 --> 01:17:19.920]  coins, gold and silver coin collections, precious metals and scrap gold. We will purchase and sell
[01:17:19.920 --> 01:17:25.440]  gold and silver coins in the Austin Metro area. We are a family owned and operated business
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[01:17:52.560 --> 01:17:59.440]  or 90.1 FM, that's Capital Coin and Bullion 512-646-6440.
[01:18:22.720 --> 01:18:31.440]  me with that same old trick again i was blindsided but now i can see your plans
[01:18:31.440 --> 01:18:53.440]  you put the fear in my pocket took the money from my hand ain't gonna fool me with that same old trick again
[01:19:01.600 --> 01:19:09.440]  ain't gonna drop me with that same old sucker punch i get it now but then i must have it now
[01:19:11.520 --> 01:19:15.920]  back then you had room to move but now you're feeling the crunch
[01:19:15.920 --> 01:19:31.920]  ain't gonna get me with that same old sucker punch
[01:19:31.920 --> 01:19:39.600]  so
[01:19:51.840 --> 01:19:58.880]  it was a weak moment for me but i had the power all along ain't gonna please me with
[01:19:58.880 --> 01:20:06.240]  okay we are back we're taking your calls we're going to brady in texas brady thanks for calling
[01:20:06.240 --> 01:20:11.920]  in what's on your mind tonight well i stumbled across something that i've been researching in
[01:20:11.920 --> 01:20:18.000]  i was digging back in the texas and u.s constitutions and i was searching for
[01:20:20.160 --> 01:20:27.520]  another category that i formerly had not learned about and stumbled across
[01:20:27.520 --> 01:20:33.200]  uh the constitutional prohibition against outlawry so i thought well i need to dig
[01:20:33.200 --> 01:20:40.880]  off into that and find out what it really means what did it mean back then and uh what it appears
[01:20:40.880 --> 01:20:48.240]  to uh for example uh what had happened to robert fox in his arrests out in jacksonville texas
[01:20:49.120 --> 01:20:54.400]  and what they have consequently both at that time and and afterwards been trying to do to others who
[01:20:54.400 --> 01:21:01.440]  uh were either there present uh with robert or who have uh attempted to come to his aid by
[01:21:02.160 --> 01:21:07.440]  looking into matters um it appears that they are committing what's called outlawry
[01:21:08.720 --> 01:21:17.360]  uh if i may i'll briefly read what i've learned that that outlawry is and uh see if uh y'all can
[01:21:17.360 --> 01:21:25.360]  uh y'all can bounce it across and around your uh um uh information board there and see if
[01:21:25.360 --> 01:21:30.480]  see if it doesn't ring true it says the term outlawry referred to a formal procedure of
[01:21:30.480 --> 01:21:35.440]  declaring someone an outlaw as in putting him outside of the sphere of legal protection
[01:21:36.800 --> 01:21:41.760]  in the common law of england a judgment of criminal outlawry was one of the harshest
[01:21:41.760 --> 01:21:46.800]  penalties of the legal system since the outlaw could not use the legal system to protect him
[01:21:46.800 --> 01:21:51.760]  if needed he couldn't protect himself in other words to be declared an outlaw was to suffer a
[01:21:51.760 --> 01:21:59.600]  form of civil death the outlaw was debarred from all civilized society it further says that no one
[01:21:59.600 --> 01:22:04.000]  was allowed to give him food shelter or any other sort of support to do so was to commit the crime
[01:22:04.000 --> 01:22:11.200]  of aiding and abetting and to be in danger of the ban itself an outlaw might be killed with impunity
[01:22:11.200 --> 01:22:16.880]  and it was not only lawful but meritorious to kill someone fleeing from justice to do so was not
[01:22:16.880 --> 01:22:24.400]  murder this is under the former england common law because the outlaw had defied civil society
[01:22:24.400 --> 01:22:30.400]  the society was free of any obligations to the outlaw outlaws had no civil rights could not sue
[01:22:30.400 --> 01:22:37.040]  any court or any cause of action though they were themselves personally liable in effect criminal
[01:22:37.040 --> 01:22:43.280]  outlaws were criminals on the run who were wanted dead or alive by the rules of criminal law criminal
[01:22:43.280 --> 01:22:47.760]  outlawed a criminal outlaw did not need to be guilty of the crime he was outlawed for
[01:22:49.200 --> 01:22:53.600]  if a man was accused of a crime and instead of appearing in court and defending himself from
[01:22:53.600 --> 01:22:57.920]  accusation if he fled from justice he was committing the serious contempt of court which was
[01:22:57.920 --> 01:23:03.120]  itself a capital crime so even if he were innocent of the crime he was originally accused of he was
[01:23:03.120 --> 01:23:10.320]  still guilty of evading justice there's also a lesser form called civil outlawry and it did not
[01:23:10.320 --> 01:23:15.360]  carry the capital punishment with it and it was imposed on defendants who fled or evaded justice
[01:23:15.360 --> 01:23:22.480]  when sued for civil actions like debts or torts the punishments for civil outlawry was nevertheless
[01:23:22.480 --> 01:23:27.840]  harsh including confiscation of your channels that's movable property left behind by the outlaw
[01:23:28.880 --> 01:23:32.720]  on a defendant in civil or criminal case that could not be found the reason would not always
[01:23:32.720 --> 01:23:38.800]  be clear the person might depart from perfectly innocent reasons and be completely unaware that
[01:23:38.800 --> 01:23:43.280]  the criminal accusation of civil suit might be brought against him after his departure
[01:23:45.040 --> 01:23:51.840]  at any rate in in regard to this if you wikipedia outlawry you will find a massive amount of
[01:23:51.840 --> 01:24:00.240]  information in regards to the nuances of outlawry for instance when randy kelton came to robert's
[01:24:00.240 --> 01:24:06.800]  aid and started investigating the crimes that had been committed against him and then when he filed
[01:24:06.800 --> 01:24:16.640]  criminal charges against the individuals that he did they turned it around and charged mr kelton
[01:24:16.640 --> 01:24:24.800]  with the outrageous charge of operating an unlicensed private investigation firm and so
[01:24:24.800 --> 01:24:30.640]  um what they have attempted to do and are apparently continuing to try to do is to see
[01:24:30.640 --> 01:24:35.040]  to it that people do not come to the aid protection or defense of robert fox
[01:24:36.720 --> 01:24:44.800]  um so that's what i i wanted to share with the listening audience today and um and get
[01:24:44.800 --> 01:24:56.080]  jaw's feedback in regards to this so if a court would tell the clerk not to allow me to file any
[01:24:56.080 --> 01:25:03.680]  motions in the court that would be tantamount to outlawry it seems it seems to me that it would
[01:25:03.680 --> 01:25:11.200]  and by the way i also filed criminal complaints against the judge and in doing so ordered my
[01:25:11.200 --> 01:25:18.240]  documents to be stripped out of the record as well so you're an outlaw as well apparently so
[01:25:19.280 --> 01:25:28.880]  and uh these uh these uh outlaw there was under english common law the judge would actually
[01:25:28.880 --> 01:25:35.120]  declare them to be an outlaw but since we have a constitutional prohibition then it has to be done
[01:25:35.120 --> 01:25:40.800]  clandestinely a clandestine outlawry would be a judgment of outlawry passed against the defendant
[01:25:40.800 --> 01:25:47.360]  without giving the legal action proper publicity and the defendant adequate opportunity to be
[01:25:47.360 --> 01:25:52.800]  notified and answer the charges so it appears that's what they have done in practice whether
[01:25:52.800 --> 01:25:59.200]  that whether they've ever actually declared him to be an outlaw and anyone else as aiding and
[01:25:59.200 --> 01:26:06.080]  abetting but you know it seems like then that would also apply randy if they are allowing
[01:26:06.080 --> 01:26:13.600]  the court to block legal counsel access to assist someone in court they're preventing them from using
[01:26:13.600 --> 01:26:20.080]  the legal system to assist themselves that's what i thought when i first heard this all of these
[01:26:20.080 --> 01:26:27.040]  things the courts seem to be doing goes to outlawry or it could be pointed to outlawry
[01:26:27.040 --> 01:26:36.400]  outlawry and since that's addressed in the constitution we can bring the like here in austin
[01:26:36.400 --> 01:26:46.080]  where they just rule against someone without reading the pleading then that's not just denying
[01:26:46.080 --> 01:26:52.480]  you the right to petition the court for redress of grievance that's our already and this is found
[01:26:52.480 --> 01:26:57.920]  in texas constitution article 1 section 20 in the bill of rights of the texas constitution
[01:27:00.960 --> 01:27:05.600]  can you read that do you have that handy i don't have that handy the the but it just says uh
[01:27:06.480 --> 01:27:07.120]  which section
[01:27:11.920 --> 01:27:16.560]  go ahead it's which section that's article 1 section 20
[01:27:16.560 --> 01:27:20.080]  okay
[01:27:23.920 --> 01:27:27.520]  you have to hang on just a second the texas government website's being awful slow for some
[01:27:27.520 --> 01:27:33.040]  reason when i heard this uh it really got my attention because this is has been a problem
[01:27:33.040 --> 01:27:40.800]  we've had people on the show come on and say that the judge directed the clerk not to allow them to
[01:27:40.800 --> 01:27:46.320]  file motions and i've heard of this happening all over the country and it's been a problem
[01:27:46.320 --> 01:27:52.160]  how do we address it denying you the right to petition for redress of grievance kind of goes
[01:27:52.160 --> 01:28:01.120]  there but outlawry seems to hit it much better okay section 20 outlawry or transportation for
[01:28:01.120 --> 01:28:07.280]  offense no citizen shall be outlawed no person shall be transported out of the state for any
[01:28:07.280 --> 01:28:11.760]  offense committed within the same there's that federal jurisdiction problem we've talked about
[01:28:11.760 --> 01:28:17.040]  randy this section does not prohibit an agreement with another state providing for the confinement
[01:28:17.040 --> 01:28:23.040]  of inmates of this state in the penal or correctional facilities of that state so right there you've got
[01:28:23.040 --> 01:28:28.960]  two issues in section 20 transportation for an offense committed within the state can't be
[01:28:28.960 --> 01:28:33.680]  transferred to the fed or any other state according to our constitution well there was a problem and
[01:28:33.680 --> 01:28:40.160]  the reason this went in there is the states were taking their habitual criminals to the state line
[01:28:40.160 --> 01:28:47.440]  and telling them hit the road and don't come back and then the other states were inheriting
[01:28:47.440 --> 01:28:53.440]  the people the incorrigible from their surrounding states and that's why most of the constitutions
[01:28:53.440 --> 01:28:59.440]  have this in it they keep your own if you've got scoundrels you deal with them don't push them off
[01:28:59.440 --> 01:29:06.480]  on us but that was the second part of what you just read the first part was outlawry
[01:29:06.480 --> 01:29:14.240]  outlawry was separate and when i read it i read that to be the same but clearly that's not because
[01:29:14.240 --> 01:29:23.200]  they're separated and outlawry is clearly what the courts are doing when they deny us proper access
[01:29:24.160 --> 01:29:26.480]  when the when the
[01:29:26.480 --> 01:29:36.240]  when the when the the texas court of criminal appeals denied my motion for leave to file a
[01:29:36.240 --> 01:29:41.920]  writ of habeas corpus that was outlawry i charged him with the wrong thing i need to be charged
[01:29:41.920 --> 01:29:46.800]  okay so i guess he's saying that outlawry is outlawed
[01:29:46.800 --> 01:29:52.240]  that's true good point and we're going to break to be charged with violating hold on
[01:29:52.240 --> 01:29:57.200]  we got to go we'll be right back on the other side okay
[01:30:01.040 --> 01:30:06.800]  it is so enlightening to listen to 90.1 fm but finding things on the internet isn't so easy
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[01:32:00.640 --> 01:32:30.560]  okay we're speaking with brady in texas talking about outlawry and randy you had some
[01:32:30.560 --> 01:32:38.640]  comments yes i would like to see a lot more research in this area because it's it's sort
[01:32:38.640 --> 01:32:45.760]  of a weak spot we've been having my primary purpose is to go after judges and this looks
[01:32:45.760 --> 01:32:53.280]  like a really great tool to go after judges with us in looking at it it's for the most part judges
[01:32:53.280 --> 01:33:00.640]  are about the only ones who could actually outlaw someone and it looks like that's what
[01:33:00.640 --> 01:33:06.800]  they're doing all the time exactly so this is going to be a real good tool to beat up
[01:33:06.800 --> 01:33:13.120]  the judges with yeah good research brady thank you brady you're all right i don't care what
[01:33:13.120 --> 01:33:20.080]  everybody says about you i'll take it as a compliment all right brady thanks for calling in
[01:33:20.080 --> 01:33:26.720]  thank you god bless okay bye bye okay we're going now to charles in texas first time caller
[01:33:27.680 --> 01:33:32.800]  charles thanks for calling in what's on your mind tonight good evening gentlemen and ladies
[01:33:33.360 --> 01:33:38.720]  um my name is charles terry i'm actually don terry's son he has a show on y'all's radio oh
[01:33:38.720 --> 01:33:43.840]  yes agenda 21 talk exactly it's actually i've been a long time listener but this is the first time
[01:33:43.840 --> 01:33:51.280]  i've ever called in okay if you're don terry's son i'm not going to hold that against you yes
[01:33:51.280 --> 01:33:59.040]  at any rate um last year i was arrested for a um i was one years old and i was arrested for a minor
[01:33:59.040 --> 01:34:10.800]  dui um i blew a 0.04 and um once i was released i filed some paperwork as far as requesting the
[01:34:10.800 --> 01:34:17.120]  information or indictment when i had the trial um the judge of course ignored my request i would
[01:34:17.120 --> 01:34:26.000]  deny it um i then appealed he found me guilty i then appealed it under article 4.03 of the code
[01:34:26.000 --> 01:34:36.080]  of criminal procedures um and he then denied my request or he then denied my appeal as well
[01:34:36.080 --> 01:34:45.040]  and but he also told me to put up a bond so i put up a sorority bond and now he's having me come back
[01:34:46.640 --> 01:34:54.960]  um for a show cause hearing as to why i haven't paid um my question is what do i do now i've
[01:34:54.960 --> 01:35:02.720]  already filed um about four complaints against him with by way of the da's office here in tennant
[01:35:02.720 --> 01:35:09.840]  here in tennant county um i got a letter back from the tennant county da saying that
[01:35:10.640 --> 01:35:16.960]  they're presenting to the grand jury and then i wrote a letter back requesting the minute for
[01:35:16.960 --> 01:35:22.560]  the grand jury a letter back saying that they're not allowed to give me that information and i'm
[01:35:22.560 --> 01:35:30.400]  just not really sure as to where to go from here okay liar liar pants on fire they are required to
[01:35:30.400 --> 01:35:37.520]  make the minutes available go to he doesn't have them the clerk of the court has go to the clerk
[01:35:37.520 --> 01:35:42.400]  and request them for the clerk from the clerk the county clerk yes i've looked at the minutes in
[01:35:42.400 --> 01:35:49.520]  tarrant county before okay the clerk has a book on the minutes and generally the clerk will
[01:35:50.160 --> 01:35:57.520]  make them available to you see i sent a letter actually to the tennant county district district
[01:35:57.520 --> 01:36:03.760]  clerk um through a public information request and i got a letter back quoting a bunch of
[01:36:04.320 --> 01:36:10.080]  quoting two things from the Texas attorney general ordinance saying that they are not
[01:36:10.800 --> 01:36:16.560]  privileged to give me that information through the information uh public information act
[01:36:17.440 --> 01:36:20.640]  and i knew that was gibberish oh actually it was true
[01:36:20.640 --> 01:36:30.560]  what's that it's true so how should i have gone about that requested under article 1.24
[01:36:31.920 --> 01:36:38.320]  code of criminal procedure and what texas constitution article 1 paragraph 10
[01:36:38.320 --> 01:36:49.920]  all courts shall be public that's the one it falls under it doesn't the courts don't fall under the
[01:36:49.920 --> 01:36:57.680]  open records act and that's where that's where the district clerk was doing a song and dance i suggest
[01:36:57.680 --> 01:37:05.680]  you file a criminal charge against the district clerk for secreting government records and denying
[01:37:05.680 --> 01:37:10.720]  government records and denying you a public court because it doesn't make any difference
[01:37:11.680 --> 01:37:20.800]  under what you request them the law doesn't only apply if you stipulate what the law is
[01:37:22.640 --> 01:37:30.000]  if something is a crime it's a crime whether somebody comes in and says this is a crime
[01:37:30.000 --> 01:37:37.360]  under this statute so now you send a tort letter to the county commissioners
[01:37:39.920 --> 01:37:44.880]  notifying them that you've been harmed by the clerk the clerk acting in criminal violation of
[01:37:44.880 --> 01:37:52.560]  state law and they won't be happy about that and then you file criminal charges with the district
[01:37:52.560 --> 01:38:01.920]  attorney against the district clerk and then how do we go after the minutes
[01:38:04.320 --> 01:38:11.840]  you might try going down to the district clerk's office and request the minutes or
[01:38:11.840 --> 01:38:22.000]  find a tarrant county has more than one grand jury so find out which judges which judge had the grand
[01:38:22.000 --> 01:38:28.080]  juries when this these complaints were supposedly presented to the grand jury
[01:38:29.520 --> 01:38:38.480]  and then go to that judge's clerk and ask for records of the mead dates that the grand jury met
[01:38:38.480 --> 01:38:42.960]  and for the the court's records of the minutes of the grand jury
[01:38:44.320 --> 01:38:53.920]  you go directly to the judge himself he's going to be more careful right right okay i see where
[01:38:53.920 --> 01:39:02.240]  i went wrong with that okay what that what that minute is is the indictment is not presented
[01:39:02.240 --> 01:39:08.400]  until it's read into the court record if it's not read into the court record it doesn't exist
[01:39:09.200 --> 01:39:17.840]  and so when a a complaint is presented to the grand jury the grand jury sits
[01:39:22.160 --> 01:39:28.480]  excuse me i had a little cough there the grand jury sits they vote to true bill or no bill
[01:39:28.480 --> 01:39:36.000]  they vote to true bill or no bill and then they come into the court and read in open court
[01:39:37.680 --> 01:39:45.520]  onto the record whether they true billed or no billed so i have absolutely no doubt
[01:39:46.640 --> 01:39:53.760]  that this attorney lied to you right i've had experience with travis county a friend of mine's
[01:39:53.760 --> 01:39:58.800]  son worked for the sheriff's department and was sergeant on the sheriff's department and
[01:39:58.800 --> 01:40:04.560]  he went to gym and he said uh what is randy kelton's picture doing hanging up in the grand
[01:40:04.560 --> 01:40:12.160]  jury room with a note that says if you see this person call security because i had been down
[01:40:12.160 --> 01:40:20.000]  there trying to get to the grand jury and they just had themselves a fit that's hilarious yeah
[01:40:20.000 --> 01:40:26.240]  so there's no way he voluntarily went to the grand jury with that so i suggest you go down
[01:40:26.240 --> 01:40:34.320]  with criminal charges against him for the grand jury if you go to the district attorney's office
[01:40:34.320 --> 01:40:39.120]  and ask for a prosecutor to take a criminal complaint they're going to send out an investigator
[01:40:41.040 --> 01:40:47.360]  and here's how you handle the investigator you tell him you ask him are you an attorney he's
[01:40:47.360 --> 01:40:52.720]  going to say no i'm an investigator for the district attorney's office then in that case
[01:40:52.720 --> 01:40:58.160]  you're a certified police officer he's going to say yes i am good here verify these complaints
[01:40:58.160 --> 01:41:03.440]  and hand him a criminal complaint that's not signed or verified against the district attorney
[01:41:05.680 --> 01:41:11.120]  and he's not going to want to do it and you tell him right he's a you're certified police officer
[01:41:11.120 --> 01:41:16.000]  you're authorized to verify criminal complaints generally what they do then is go back and talk
[01:41:16.000 --> 01:41:23.200]  to the district attorney now you have the district attorney in a position what does he do with criminal
[01:41:23.200 --> 01:41:31.840]  complaints against himself what he's required to do is recuse himself and calls to be appointed
[01:41:31.840 --> 01:41:39.680]  an attorney pro tem to consider the complaints but he won't he'll come back and give you some
[01:41:39.680 --> 01:41:47.440]  huff and puff right right and then you get the investigator's name and take criminal charges
[01:41:47.440 --> 01:41:52.960]  against the investigator and the district attorney and you go into one of the district courts
[01:41:54.800 --> 01:42:00.720]  and you go over to the bailiff you want to find a court while they're having motion hearings
[01:42:00.720 --> 01:42:08.720]  and you go excuse me do i want to granger to be in session at this time no no not at this time
[01:42:09.280 --> 01:42:15.200]  now all we want to do is bushwhack a judge okay so you find out which judge is having motion
[01:42:15.200 --> 01:42:20.560]  hearings generally every day some judge is going to have motion hearings and generally i like to
[01:42:20.560 --> 01:42:29.200]  find the meanest low-downest most rotten cantankerous judge on the place you hammer him and you skewer
[01:42:29.200 --> 01:42:34.960]  everybody so you go in there and you call the bailiff over and you don't have to be polite i
[01:42:34.960 --> 01:42:42.960]  like to go in and i'm always in a nice suit i walk up to the bar and i point at him are you the bailiff
[01:42:43.920 --> 01:42:50.960]  and if he says yes come here and i'm not polite about it then he comes over yes can i help you
[01:42:50.960 --> 01:42:56.480]  instructed my name is always tell them your name first you don't want any questions my name is
[01:42:56.480 --> 01:43:00.720]  randall kelton instruct the judge that i have business with the court he'll always say may
[01:43:00.720 --> 01:43:04.960]  i tell the judge the nature of the business no you may not i have business with the court and
[01:43:04.960 --> 01:43:11.120]  it's none of yours you're dismissed and he goes sit down he's going to be real unhappy
[01:43:12.640 --> 01:43:19.600]  and every time i've done this they run up to the judge and the judge and they look at it you sit
[01:43:19.600 --> 01:43:25.520]  in there holding this folder and the judge always wants to know what's in it so generally he'll
[01:43:25.520 --> 01:43:30.480]  finish a motion hearing and then call you up and say i understand you have business with the court
[01:43:30.480 --> 01:43:34.320]  you hold up that folder and say yes your honor may i approach that means going to give you this
[01:43:34.320 --> 01:43:40.800]  folder and as soon as we get back from break i'll explain to you why you're doing that you're going
[01:43:40.800 --> 01:43:47.520]  to like this all right okay will you take us out i'm about to cough okay we will be right back and
[01:43:47.520 --> 01:43:53.120]  the calls are really stacking up so we want to finish up quickly on the other side with charles
[01:43:53.120 --> 01:43:57.840]  we've got richard from texas chad from texas gary and ken we'll be right back on the other side
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[01:45:18.320 --> 01:45:43.200]  okay we're back we're going to take as many of your calls as we can in this final segment
[01:45:43.200 --> 01:45:48.400]  okay randy you wanted to close out with charles and then we're going to go to other calls yeah
[01:45:48.400 --> 01:45:53.200]  charles this is you touched on one of my favorite subjects so i could get carried away on this
[01:45:54.800 --> 01:45:58.720]  you might want to call back tomorrow night and we can discuss this you can have a lot of fun with
[01:45:58.720 --> 01:46:03.680]  this and if you do it and do it right they'll recognize the procedure they've seen it before
[01:46:03.680 --> 01:46:09.680]  and they really really hate it and your picture will wind up in their next to mine but it really
[01:46:09.680 --> 01:46:14.960]  gets their attention we don't have time to go into we've only got one segment so and there's
[01:46:14.960 --> 01:46:20.080]  way too much information so if you'll call back tomorrow night we will spend a lot more time on
[01:46:20.080 --> 01:46:26.880]  this will do all right i appreciate it mr krausen okay well let me i was supposed to finish one
[01:46:26.880 --> 01:46:32.880]  little thing the judge will uh will ask you to come ask you i understand you have some business
[01:46:32.880 --> 01:46:37.840]  with the court and you say yes your honor i do and you hold up this motion this your this folder
[01:46:37.840 --> 01:46:43.360]  and you say may i approach that means can i give you this document he'll either send the bailiff to
[01:46:43.360 --> 01:46:48.960]  retrieve it we'll see jimmy due in tarrant county or he'll call you up so you can give it to him
[01:46:49.760 --> 01:46:56.400]  because you you've jerked his bailiff around and he wants to know what's going on here and when he
[01:46:56.400 --> 01:47:00.480]  opens it up he's looking at criminal charges against the district attorney and the district
[01:47:00.480 --> 01:47:07.680]  and the district attorney's investigator accusing them of shielding the prosecutor of shielding
[01:47:07.680 --> 01:47:14.480]  himself from prosecution and then he's going to know you bushwhacked it and he's not going to be
[01:47:14.480 --> 01:47:21.920]  happy yeah there's nothing he can do about it he's got a problem and we'll we'll go into that more
[01:47:21.920 --> 01:47:26.480]  tomorrow evening we're kind of running out of time tonight yeah call back in tomorrow charles
[01:47:26.480 --> 01:47:31.760]  awesome thank you okay great thanks okay we're going to try to take as many of your calls as we
[01:47:31.760 --> 01:47:37.840]  can this final segment we're going to go to chad and then richard chad thanks for calling in what's
[01:47:37.840 --> 01:47:44.320]  on your mind tonight hi um in municipal court if the defendant pleads not guilty the complaint
[01:47:44.320 --> 01:47:53.120]  serves as a charging instrument right wrong um that's what i read in uh annotated code criminal
[01:47:53.120 --> 01:47:59.840]  procedure i know sir they must have an information or an indictment they cannot move on complaint
[01:47:59.840 --> 01:48:09.280]  alone what section of code of criminal procedure are you referring to article 21.22 information
[01:48:09.280 --> 01:48:18.240]  based upon complaint and then that was um an information based upon a complaint an information
[01:48:18.240 --> 01:48:23.920]  is the charging instrument not the complaint okay okay let me explain in this instant the word
[01:48:23.920 --> 01:48:32.400]  information is a word term of art it means a specific legal document not just general
[01:48:32.400 --> 01:48:38.800]  information based on a complaint but a specific document if there was an information and she
[01:48:39.920 --> 01:48:45.920]  looked dumbfounded right that's that's because they don't use them and it's illegal
[01:48:45.920 --> 01:48:54.880]  okay and in the um in the complaint uh is that the the affidavit that uh should be made by some
[01:48:54.880 --> 01:49:00.880]  credible person charging the defendant with an offense that is correct 21.22 okay well how can
[01:49:00.880 --> 01:49:06.400]  this person be credible if they were not a witness they can't that's the problem they have no
[01:49:06.400 --> 01:49:11.360]  firsthand knowledge but here's the deal wait wait wait isn't that a fatal i'm going to address that
[01:49:11.360 --> 01:49:18.960]  a fatal i'm going to address that randy anyone can make a criminal complaint okay if they have
[01:49:18.960 --> 01:49:24.080]  reason to believe a crime has been committed by someone else they can make the complaint
[01:49:25.360 --> 01:49:32.480]  what they cannot do is testify at trial nor can the complaint be used as the charging instrument
[01:49:32.480 --> 01:49:38.880]  at trial because there's nobody with firsthand knowledge making the complaint in order to proceed
[01:49:38.880 --> 01:49:45.040]  to trial but the complaint is enough to make a determination of probable cause in an examining
[01:49:45.040 --> 01:49:51.440]  trial and the examining trial is what you use to determine whether or not there is enough evidence
[01:49:52.080 --> 01:50:00.720]  to go to an actual trial so it has to be done in a pre-trial objection to that is that what you're
[01:50:00.720 --> 01:50:06.000]  telling me one has to be done in a pre-trial objection no this goes to subject matter
[01:50:06.000 --> 01:50:11.760]  jurisdiction it can be raised at any time but it's always better to bring it beforehand
[01:50:12.720 --> 01:50:19.440]  the thing i was going to say is about credible person credible person simply means a person
[01:50:19.440 --> 01:50:26.080]  over 18 who's never been convicted of a felony the person can be a credible person
[01:50:27.200 --> 01:50:31.120]  and they can make the complaint based on information and belief
[01:50:31.120 --> 01:50:38.080]  but that's not sufficient at trial that's only sufficient for the purpose of examining trial
[01:50:38.640 --> 01:50:50.560]  not at a trial on the merits but petty trial you understand the difference yes so uh so would i
[01:50:50.560 --> 01:50:56.080]  how would i object to that challenge subject matter jurisdiction
[01:50:56.080 --> 01:51:05.520]  jurisdiction improper charging instrument based on no accuser you demand to be faced by your
[01:51:05.520 --> 01:51:10.560]  accuser and they must be in the complaint no i'm sorry no proper charging instrument
[01:51:11.840 --> 01:51:17.520]  isn't the accuser the officer yeah no did the officer sign the complaint
[01:51:19.360 --> 01:51:25.760]  no the accuser the accuser is whoever has firsthand knowledge of the crime
[01:51:25.760 --> 01:51:33.120]  no whoever makes the accusation that's what i'm saying the accuser in order for it to be to stand
[01:51:33.120 --> 01:51:38.320]  up in the trial the the person has to have firsthand information firsthand knowledge
[01:51:39.040 --> 01:51:43.680]  right that's why this nonsense of having a third party as a matter of course issue to
[01:51:43.680 --> 01:51:51.360]  complain it denies your your right to be faced by your accuser and they're they want to treat
[01:51:51.360 --> 01:51:58.160]  the officer as is if he is simply a witness but he's not he's he has to be the accuser
[01:52:00.240 --> 01:52:06.000]  because he's the only one that has a competent fact he's the only competent fact witness
[01:52:08.160 --> 01:52:10.960]  and there's a real strain on the competent part
[01:52:12.400 --> 01:52:18.160]  okay we need to move quickly we've got several more calls okay thank you okay does that all make
[01:52:18.160 --> 01:52:26.960]  sense yes okay thank you all right you're welcome okay we are moving on now we're going to richard
[01:52:26.960 --> 01:52:31.760]  in texas first on caller richard thanks for calling in what's on your mind tonight okay well
[01:52:31.760 --> 01:52:36.320]  i hope this is the right show format to ask this question and no nobody's looking for me i'm not
[01:52:36.320 --> 01:52:42.960]  in any trouble i follow the constitution periodically and i've had a quick constitutional
[01:52:42.960 --> 01:52:48.400]  question of reference i know that under article six it says the treaty is one side and ratified
[01:52:48.400 --> 01:52:53.680]  become the supreme law of the land what i was trying to find a research is how does that
[01:52:54.880 --> 01:53:02.000]  affect the rights of citizens as far as violations or conflicts between a treaty and the constitution
[01:53:02.000 --> 01:53:08.240]  itself the constitution is the supreme law of the land any treaty has got to be subordinate to it
[01:53:08.240 --> 01:53:14.160]  it cannot amend or alter our constitution simply because it's a treaty right but does it state that
[01:53:14.160 --> 01:53:19.920]  anywhere in the constitution yeah the constitution says up in uh i believe it's in article one that
[01:53:19.920 --> 01:53:25.280]  it is the supreme law of the land okay so so then then the second part of that is it's my understanding
[01:53:25.280 --> 01:53:30.000]  that the treaties can only be signed between nations and not for instance the united nations
[01:53:30.880 --> 01:53:36.960]  correct okay well that's what i need to know so i'm an avid targets shooter and i'm very concerned
[01:53:36.960 --> 01:53:42.560]  about the second amendment and this new supreme court nominee who apparently has no use for you
[01:53:42.560 --> 01:53:50.320]  the first or the second amendment and i was out of iron no kegan elena kegan no elena kegan uh
[01:53:50.320 --> 01:53:55.600]  we came right out and said that the federal government has the right to curtail free speech
[01:53:55.600 --> 01:54:01.440]  as long as it's uh motives are pure of heart oh yeah she wants to ban books she's outrageous
[01:54:01.440 --> 01:54:06.320]  she's the worst she's the worst yet and so there's a bunch of us and sit around have lively
[01:54:06.320 --> 01:54:10.320]  discussions about this at night and then we write our letters accordingly but we try to make sure
[01:54:10.320 --> 01:54:15.760]  our letters are factual we don't rant and rave and we reach you know people and in a right and
[01:54:15.760 --> 01:54:21.600]  proper manner and hope it works but other than pitchforks and torches i don't quite know what
[01:54:21.600 --> 01:54:27.760]  else to do i think that's well i was it i appreciate your help all right thanks richard
[01:54:30.320 --> 01:54:35.600]  okay moving right along we're going to gary in georgia all right gary thanks for calling
[01:54:35.600 --> 01:54:40.960]  in what's on your mind tonight all right i have a question for adi since that time is short of
[01:54:40.960 --> 01:54:46.400]  course i have other things as far as evidence that's why i have been thinking but have less
[01:54:46.960 --> 01:54:54.480]  i like to comment on the private uh privacy of these private cops and municipal corporations
[01:54:54.480 --> 01:55:03.360]  i'll hang up and listen thank you comment on the privacy uh yes you and you and uh randy had a good
[01:55:03.360 --> 01:55:09.200]  uh last part of the show i think was friday he did a good dissertation about the counties
[01:55:09.200 --> 01:55:16.080]  and drivers licensing and how they the say the commissioner of driver services in my state
[01:55:16.880 --> 01:55:25.040]  can delegate uh his duties to a private cop known as a municipal corporation policeman
[01:55:25.040 --> 01:55:33.040]  uh okay yeah um here in texas uh what i've brought up before is the issue that in the texas
[01:55:33.040 --> 01:55:38.400]  constitution only allows for the creation of one form of law enforcement officer and that is the
[01:55:38.400 --> 01:55:44.480]  sheriff the deputy sheriff and the constables here in texas there is no authority in the
[01:55:44.480 --> 01:55:53.520]  constitution for municipal meaning corporate slash private police forces um so what we've got is we've
[01:55:53.520 --> 01:55:58.320]  have these corporations uh that are being deemed political subdivisions of government but they're
[01:55:58.320 --> 01:56:05.120]  still corporations and they create a private police force to enforce the corporate statutes
[01:56:05.120 --> 01:56:13.120]  and the state laws but the problem is is there's no authority for the legislature to delegate
[01:56:14.000 --> 01:56:20.400]  uh the creation of a law enforcement branch of government other than what the constitution
[01:56:20.400 --> 01:56:27.760]  creates itself which again is sheriff constable and deputy sheriff so that that's a problem uh
[01:56:27.760 --> 01:56:33.920]  it's it's my suggestion that the corporation police officers are nothing more than corporation
[01:56:33.920 --> 01:56:40.400]  security guards who can enforce no rules other than the city ordinances against the city employees
[01:56:40.400 --> 01:56:47.200]  and against the contractors that are part of that employment system uh they just are not allowed to
[01:56:47.200 --> 01:56:52.080]  act against the people now a lot of people going oh well but who would protect us well if you go
[01:56:52.080 --> 01:56:58.000]  by what the constitution says that means instead of city policemen getting paid 14 15 dollars an
[01:56:58.000 --> 01:57:03.520]  hour because the city steals money hand over fist it means that the county officers instead of getting
[01:57:03.520 --> 01:57:10.880]  paid minimum wage now would have more officers and more money in order to protect the county
[01:57:10.880 --> 01:57:17.440]  including the cities within the county as the constitution intended that's the reason why the
[01:57:17.440 --> 01:57:24.560]  sheriff is supposed to be the highest law officer now notice i did not say law enforcement because
[01:57:24.560 --> 01:57:30.880]  law enforcement is an executive branch function and here in texas the sheriff is under the judicial
[01:57:30.880 --> 01:57:37.200]  branch of government he stands between the legislature and the executive as a defender
[01:57:37.200 --> 01:57:44.720]  of the people's rights just like the courts are supposed to be so that's the dissertation i got
[01:57:44.720 --> 01:57:49.280]  gary if there's something more you want me to add to that let me know uh no sir you did it is
[01:57:49.280 --> 01:57:55.920]  excellent because uh here in georgia they they say that they cannot take judicial notices
[01:57:55.920 --> 01:58:00.880]  notice of ordinance unless the person's got to copy the ordinance with it so i'll hang up let's
[01:58:00.880 --> 01:58:07.520]  go thank you sir bye bye yes sir thank you all right thank you gary all right the rest of the
[01:58:07.520 --> 01:58:11.920]  callers i'm sorry we didn't get a chance to get to you but we'll be on the air for four hours
[01:58:11.920 --> 01:58:17.760]  tomorrow night on our four-hour info marathon and of course i just want to remind everyone once again
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