ROL_2010-09-03_16k_Hr1-2.timecode

[00:00.000 --> 00:05.200]  This news break brought to you by the International News Net.
[00:05.200 --> 00:09.680]  A federal judge in Georgia Tuesday upheld the murder conviction of death row inmate
[00:09.680 --> 00:15.520]  Troy Davis in a special evidentiary hearing ordered by the U.S. Supreme Court.
[00:15.520 --> 00:22.340]  Davis was sentenced to die for the 1989 shooting death of Savannah police officer Mark McPhail.
[00:22.340 --> 00:27.480]  But seven of the nine trial witnesses have recanted their testimony and no physical evidence
[00:27.480 --> 00:29.880]  links Davis to the crime scene.
[00:29.880 --> 00:34.960]  U.S. The International has condemned the ruling.
[00:34.960 --> 00:40.560]  A new phenomenon dubbed character amnesia is sweeping across China causing Chinese to fear
[00:40.560 --> 00:43.040]  for the future of their ancient writing system.
[00:43.040 --> 00:47.680]  Young Japanese people also report the same problem which is caused by the constant use
[00:47.680 --> 00:51.920]  of computers and mobile phones with alphabet based input systems.
[00:51.920 --> 01:01.160]  There is even a Chinese word for it or take pen forget character.
[01:01.160 --> 01:06.920]  Government agents can put a GPS device on the bottom of your car and keep track of everywhere
[01:06.920 --> 01:07.920]  you go.
[01:07.920 --> 01:11.880]  This doesn't violate your Fourth Amendment rights because you don't have any reasonable
[01:11.880 --> 01:17.280]  expectation of privacy in your own driveway and no reasonable expectation the government
[01:17.280 --> 01:19.360]  isn't tracking your movements.
[01:19.360 --> 01:23.880]  That rule now applies in California and eight other western states.
[01:23.880 --> 01:28.720]  The U.S. Court of Appeals recently decided the government can monitor you in this way
[01:28.720 --> 01:31.120]  with no need for a search warrant.
[01:31.120 --> 01:36.160]  This news brief brought to you by the International Newsnet.
[01:36.160 --> 01:41.800]  General David Petraeus, top commander in Afghanistan said Wednesday reconciliation with the Taliban
[01:41.800 --> 01:47.360]  will ultimately be a goal for Afghanistan once U.S. and Afghan forces create conditions
[01:47.360 --> 01:48.360]  that allow it.
[01:48.360 --> 01:53.280]  Petraeus said low level fighters are the first to return to society's fold since they are
[01:53.280 --> 01:58.800]  local individuals almost chameleon like sometimes in their allegiances because that's how they
[01:58.800 --> 02:05.000]  stayed alive over 30 years of war.
[02:05.000 --> 02:10.000]  A Muslim cab driver was stabbed in New York Tuesday by a passenger after admitting he
[02:10.000 --> 02:11.520]  was Muslim.
[02:11.520 --> 02:16.440]  The passenger, a film student, recently returned from shooting a documentary in Afghanistan
[02:16.440 --> 02:19.400]  where he was embedded with U.S. troops.
[02:19.400 --> 02:25.240]  Before slashing Ahmed Sharif's throat, the passenger proclaimed, quote, this is the checkpoint
[02:25.240 --> 02:27.280]  and I have to bring you down.
[02:27.280 --> 02:33.360]  The hate-driven attack is part of an Islamophobic fervor sweeping the U.S. ranging from hate
[02:33.360 --> 02:36.920]  speech and discrimination to acts of violence.
[02:36.920 --> 02:42.720]  America's zealotry over Islam comes as a recent Pew poll found one in five Americans believe
[02:42.720 --> 02:44.840]  Barack Obama is Muslim.
[02:44.840 --> 02:49.240]  From his hospital, Ben Sharif said, quote, I feel very sad I have been here more than
[02:49.240 --> 02:50.240]  25 years.
[02:50.240 --> 02:52.880]  All of my four kids were born here.
[02:52.880 --> 02:55.880]  I never felt this hopeless and insecure before.
[02:55.880 --> 03:06.200]  This news brief brought to you by the International News Net.
[03:06.200 --> 03:13.200]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[03:13.200 --> 03:15.200]  talk radio at its best.
[03:43.200 --> 03:52.200]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:52.200 --> 03:58.200]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:58.200 --> 04:03.200]  When you were eight and you had bad traits, you'd go to school and learn the golden rule.
[04:03.200 --> 04:06.200]  So why are you acting like a bloody fool?
[04:06.200 --> 04:09.200]  If you get hot then you must get cool.
[04:09.200 --> 04:13.200]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[04:13.200 --> 04:20.200]  All right, bad boys, bad boys, what are you gonna do when we come for you here on the
[04:20.200 --> 04:22.200]  Rule of Law?
[04:22.200 --> 04:31.080]  We got Randy Kelton, Eddie Craig, Debra Stevens, and of course our Heavenly Father above.
[04:31.080 --> 04:39.180]  And we're not gonna put up with it anymore, not gonna put up with the rogue behavior from
[04:39.180 --> 04:41.200]  the bad boys and the bad girls anymore.
[04:41.200 --> 04:45.200]  Tonight we are going to do a show on due process.
[04:45.200 --> 04:51.200]  But first I just want to make sure and plug our latest sponsor, the One Love Kitchen.
[04:51.200 --> 04:59.200]  Big shout out to Matt and Michelle out there over at 3901 East Caesar Chavez, 3901 East
[04:59.200 --> 05:03.200]  First Street cooking it up for you all tonight.
[05:03.200 --> 05:07.200]  Jerk chicken, seafood, vegetarian plates.
[05:07.200 --> 05:08.200]  They got curry over there.
[05:08.200 --> 05:11.200]  I'm telling you, it's really, really good stuff.
[05:11.200 --> 05:15.200]  Five dollar plates, folks, you just can't beat it.
[05:15.200 --> 05:18.200]  Late night, Friday and Saturday nights with Emperor Sound Crew.
[05:18.200 --> 05:23.200]  So big shout out to One Love Kitchen out there, supporters of 90.1 FM, supporters of
[05:23.200 --> 05:25.200]  ruleoflawradio.com.
[05:25.200 --> 05:29.200]  So folks, go on over there and show some love to the One Love Kitchen.
[05:29.200 --> 05:31.200]  I promise you, you will not regret it.
[05:31.200 --> 05:37.200]  You will be a permanent customer once you get one taste of Matt's cooking over there.
[05:37.200 --> 05:40.200]  So I got some on the way right now.
[05:40.200 --> 05:41.200]  I can't wait.
[05:41.200 --> 05:43.200]  Got curry this time.
[05:43.200 --> 05:51.200]  All right, so tonight we've got our four hour info marathon and we are going to go over
[05:51.200 --> 05:57.200]  due process, the due process laws here in Texas, which the principles pretty much apply
[05:57.200 --> 06:00.200]  everywhere all over the country.
[06:00.200 --> 06:05.200]  So without further ado, Randy, why don't you start walking us down through due process
[06:05.200 --> 06:09.200]  and folks will start taking your calls in about another hour or so.
[06:09.200 --> 06:11.200]  Go ahead, Randy.
[06:11.200 --> 06:16.200]  Let me start out by saying this sounds more complex than it is.
[06:16.200 --> 06:22.200]  I'll be quoting a lot of statutes back and forth and people are always asking me,
[06:22.200 --> 06:25.200]  how can you remember all of those?
[06:25.200 --> 06:30.200]  Well, once you've heard me a time or two, you'll realize there's only a few that I
[06:30.200 --> 06:36.200]  actually quote and I keep quoting the same ones over and over.
[06:36.200 --> 06:42.200]  So this is not nearly as complex as it seems.
[06:42.200 --> 06:48.200]  For the most part, what I'm talking about are due process requirements that come from
[06:48.200 --> 06:50.200]  the federal requirements.
[06:50.200 --> 06:56.200]  I quote these in terms of Texas law because that's where I'm at and that's the law I'm
[06:56.200 --> 06:58.200]  most familiar with.
[06:58.200 --> 07:05.200]  But most everywhere I've been, it's been pretty much the same because the feds for
[07:05.200 --> 07:14.200]  a long time have been encouraging the states to adopt a uniform criminal code.
[07:14.200 --> 07:20.200]  So they're not quite uniform yet, but they're really close and they have to do,
[07:20.200 --> 07:26.200]  for the most part, what I talk about in order to meet due process.
[07:26.200 --> 07:34.200]  Now, if you are arrested, a police officer can arrest someone if he personally sees
[07:34.200 --> 07:45.200]  or hears if it's been committed or for a felony if he has reason to believe a
[07:45.200 --> 07:52.200]  person has committed a felony and there is a danger of the accused escaping.
[07:52.200 --> 07:57.200]  Give me an example.
[07:57.200 --> 08:01.200]  If I'm standing behind a building and I see one guy punch another guy out and I
[08:01.200 --> 08:03.200]  go out in front of the building, there's a cop standing there and say,
[08:03.200 --> 08:08.200]  I just saw this guy in the back right there punch this other guy out.
[08:08.200 --> 08:09.200]  And there's the guy he is right there.
[08:09.200 --> 08:12.200]  And the cop goes back and looks behind the building and sees the guy back there
[08:12.200 --> 08:15.200]  spitting a couple of teeth out.
[08:15.200 --> 08:23.200]  He can't arrest it because knocking out a couple of teeth is a misdemeanor.
[08:23.200 --> 08:29.200]  However, if I told him that I just saw somebody back there shoot someone and
[08:29.200 --> 08:32.200]  there's the guy he is and the cop goes back there and he looks back there and
[08:32.200 --> 08:36.200]  he sees the guy laying there with blood all over the place and this guy is
[08:36.200 --> 08:43.200]  walking away with a pistol, he can arrest it because in that case it's a felony.
[08:43.200 --> 08:49.200]  So he can arrest for a felony or misdemeanor that occurs in his sight or
[08:49.200 --> 08:55.200]  in his hearing or a felony if he has reasonably committed the crime and
[08:55.200 --> 08:58.200]  there's a danger of him escaping.
[08:58.200 --> 09:06.200]  When an arrest is made, the officer has authority to hold the accused for a
[09:06.200 --> 09:12.200]  reasonable amount of time, that time it takes to ensure the safety of the
[09:12.200 --> 09:17.200]  officer and protect against the escape of the accused.
[09:17.200 --> 09:25.200]  Once that time, once those goals are accomplished, the officer's authority to
[09:25.200 --> 09:27.200]  hold evaporates.
[09:27.200 --> 09:30.200]  That's Gerstein Pugh, Florida kids.
[09:30.200 --> 09:36.200]  He must take the person before a magistrate for an examining trial.
[09:36.200 --> 09:43.200]  An examining trial in Texas is defined by Chapter 16 Code of Criminal
[09:43.200 --> 09:46.200]  Procedure, the whole bunch of things they must do.
[09:46.200 --> 09:53.200]  In fact, in Texas and in every other state I've been to, they don't do any
[09:53.200 --> 09:55.200]  of those things.
[09:55.200 --> 09:59.200]  They take the person arrested directly to jail.
[09:59.200 --> 10:08.200]  Now in Texas, case law stipulates that an officer's only defense against an
[10:08.200 --> 10:13.200]  allegation of false imprisonment for failure to timely take before a
[10:13.200 --> 10:17.200]  magistrate is a showing of due diligence and effort to locate.
[10:17.200 --> 10:22.200]  Well, in fact, the officer will make no effort to locate.
[10:22.200 --> 10:27.200]  He will take you directly to jail as a matter of policy.
[10:27.200 --> 10:30.200]  Policy in the Monell sense.
[10:30.200 --> 10:38.200]  Monell renders the jurisdiction for whoever the officer works for liable to
[10:38.200 --> 10:44.200]  suit if the officer violates a law relating to his office that causes harm
[10:44.200 --> 10:48.200]  to a person and does so in accordance with policy.
[10:48.200 --> 10:55.200]  Well, he does more than that when he makes an arrest and then subsequent to
[10:55.200 --> 11:00.200]  the arrest violates a law relating to his office.
[11:00.200 --> 11:06.200]  At that point he becomes a trespasser ab initio from the beginning and all
[11:06.200 --> 11:11.200]  his acts are defeated even if the arrest was legal and proper.
[11:11.200 --> 11:17.200]  If the officer after arrest commits a criminal act, all of his acts are
[11:17.200 --> 11:22.200]  defeated because he becomes compromised.
[11:22.200 --> 11:30.200]  You can't trust a criminal to testify against the person he committed the
[11:30.200 --> 11:32.200]  crime against.
[11:32.200 --> 11:43.200]  So if you're arrested, the officer cuffs you, stuffs you, cranks the patrol
[11:43.200 --> 11:47.200]  car, points you toward the jail, having made no effort to locate a magistrate,
[11:47.200 --> 11:52.200]  he has committed aggravated kidnapping.
[11:52.200 --> 11:57.200]  In Texas we don't have a false imprisonment statute.
[11:57.200 --> 12:01.200]  False imprisonment in Texas is a cause of action.
[12:01.200 --> 12:06.200]  That's what you would call the suit you would file in this kind of case.
[12:06.200 --> 12:12.200]  The action the criminal act the officer would commit would be kidnapping.
[12:12.200 --> 12:18.200]  If you commit the act of kidnapping whilst displaying a deadly weapon,
[12:18.200 --> 12:22.200]  that's aggravated kidnapping, second degree felony.
[12:22.200 --> 12:25.200]  I'm sorry, first degree felony.
[12:25.200 --> 12:28.200]  I got ahead of myself.
[12:28.200 --> 12:40.200]  Also, if in the act of restricting the person at their liberty, if he caused
[12:40.200 --> 12:45.200]  physical contact with the person and contacted a reasonable person of
[12:45.200 --> 12:50.200]  ordinary prudence would consider to be offensive, he committed the act of
[12:50.200 --> 12:53.200]  simple assault.
[12:53.200 --> 12:58.200]  If someone commits the act of simple assault whilst displaying a deadly
[12:58.200 --> 13:01.200]  weapon, that's aggravated assault.
[13:01.200 --> 13:04.200]  That's the one that's secondary felony.
[13:04.200 --> 13:10.200]  However, if the person commits, I'm sorry, let me back up.
[13:10.200 --> 13:13.200]  I need this as an archive.
[13:13.200 --> 13:22.200]  Aggravated assault, 20.02 Code of Criminal Procedure, I'm sorry, Penal Code.
[13:22.200 --> 13:27.200]  It's aggravated kidnapping.
[13:27.200 --> 13:28.200]  Is that right?
[13:28.200 --> 13:31.200]  20.04, I'm sorry.
[13:31.200 --> 13:38.200]  Aggravated assault is 22.02.
[13:38.200 --> 13:41.200]  I've spent too long since I did this to be sure they're exactly right.
[13:41.200 --> 13:46.200]  It's right there in section 20, I think it's 22.02.
[13:46.200 --> 13:52.200]  It's aggravated assault and 22.04 is aggravated assault.
[13:52.200 --> 13:57.200]  If you commit a simple assault while displaying a deadly weapon, then you've
[13:57.200 --> 14:01.200]  committed aggravated assault.
[14:01.200 --> 14:12.200]  That's a second degree felony except 22.04B2A.
[14:12.200 --> 14:20.200]  If you are acting under the color of an official capacity, color meaning
[14:20.200 --> 14:27.200]  pretense, then it's a first degree felony.
[14:27.200 --> 14:32.200]  Or if the assault is committed against a public official who is acting in his
[14:32.200 --> 14:37.200]  official capacity, it's also a first degree felony.
[14:37.200 --> 14:46.200]  Now, I ran Lexis and Westlaw both on 22.04B2A.
[14:46.200 --> 14:52.200]  Assault against a public official, on that one, that was B, the second one,
[14:52.200 --> 14:56.200]  I found thousands of hits.
[14:56.200 --> 15:05.200]  But B2A, assault by a public official, I found zero.
[15:05.200 --> 15:14.200]  They call that excessive use of force or police brutality.
[15:14.200 --> 15:16.200]  Well, that's not what it is.
[15:16.200 --> 15:19.200]  It's aggravated assault first degree felony.
[15:19.200 --> 15:24.200]  Never have I ever heard of an officer being prosecuted for that.
[15:24.200 --> 15:29.200]  It's certainly not in the case law.
[15:29.200 --> 15:38.200]  Anyway, okay, if the officer fails to take you directly to a magistrate who's
[15:38.200 --> 15:43.200]  committed aggravated kidnapping and aggravated assault,
[15:43.200 --> 15:50.200]  if he uses a motor vehicle in the facilitation of the commission of the
[15:50.200 --> 15:59.200]  criminal act, he renders the jurisdiction liable to civil action.
[15:59.200 --> 16:06.200]  One of the few times that a sovereign entity waives its sovereign immunity is
[16:06.200 --> 16:14.200]  when a tort is committed against a citizen by an employee of the agency while
[16:14.200 --> 16:18.200]  operating a motorized piece of equipment.
[16:18.200 --> 16:22.200]  They're not going to like this one, but it's in the code.
[16:22.200 --> 16:27.200]  The only way the officer could have accomplished the act that he accomplished
[16:27.200 --> 16:30.200]  was by the use of a motor vehicle.
[16:30.200 --> 16:34.200]  So that will render them liable to civil action.
[16:34.200 --> 16:39.200]  Okay, we will continue this on the other side.
[16:39.200 --> 16:41.200]  We'll go through the whole process.
[16:41.200 --> 16:43.200]  I think you'll find this interesting.
[16:43.200 --> 16:49.200]  This is Randy Kelton, Eddie Craig, Debbie Stevens, Rule of Law Radio.
[16:49.200 --> 17:02.200]  We'll be right back on the other side.
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[18:39.200 --> 18:40.200]  Okay, we're back.
[18:40.200 --> 18:47.200]  Randy Kelton, Debra Pierce, Eddie Craig, Rule of Law Radio, and we went out
[18:47.200 --> 18:52.200]  talking about the due process.
[18:52.200 --> 18:55.200]  We just got you arrested.
[18:55.200 --> 19:01.200]  Now, once you've been arrested, the officer will bring you to the jail and he'll turn
[19:01.200 --> 19:04.200]  you over to the jailers.
[19:04.200 --> 19:12.200]  Well, if the jailers take custody of you, they continue the restriction at your
[19:12.200 --> 19:21.200]  liberty, culpability, being culpable for the criminal act of another, or being
[19:21.200 --> 19:24.200]  responsible for the criminal act of another.
[19:24.200 --> 19:31.200]  In law, culpability does not go to whether or not a person intended to commit a
[19:31.200 --> 19:33.200]  crime.
[19:33.200 --> 19:38.200]  Culpability goes to whether or not the person intended the result of their
[19:38.200 --> 19:41.200]  action.
[19:41.200 --> 19:46.200]  Whether they knew it was a crime or not is not necessarily relevant to
[19:46.200 --> 19:49.200]  culpability.
[19:49.200 --> 19:52.200]  A guy drives his friend to the convenience store.
[19:52.200 --> 19:56.200]  The friend runs in to get some cigarettes, robs the convenience store, comes
[19:56.200 --> 20:01.200]  out, jumps in the car and says, let's get out of here, and you take off.
[20:01.200 --> 20:05.200]  It was your intent to leave the scene of a crime.
[20:05.200 --> 20:09.200]  The fact that you weren't aware that you were leaving the scene of a crime as
[20:09.200 --> 20:13.200]  to culpability is irrelevant.
[20:13.200 --> 20:21.200]  Now, that may be relevant as to their ability to prosecute or to give
[20:21.200 --> 20:26.200]  conviction because not having knowledge that a crime has been committed and
[20:26.200 --> 20:32.200]  acting in good faith reliance is maybe an affirmative defense.
[20:32.200 --> 20:35.200]  It's not a bar of prosecution.
[20:35.200 --> 20:43.200]  So when the officer turns the person arrested over to the jailers, the
[20:43.200 --> 20:45.200]  jailers will run you through the booking process.
[20:45.200 --> 20:49.200]  Now, they also have a duty to bring you before a magistrate.
[20:49.200 --> 20:52.200]  If the officer did not bring you before a magistrate, he could turn you over
[20:52.200 --> 20:56.200]  to someone else, and they have an equal duty to bring you before the
[20:56.200 --> 21:00.200]  magistrate as the arresting officer.
[21:00.200 --> 21:05.200]  The jailers also will make no due diligence effort to locate a magistrate.
[21:05.200 --> 21:10.200]  If there's a magistrate in the building, they won't take you to it.
[21:10.200 --> 21:17.200]  They will run you through the booking process, which for any reasonable
[21:17.200 --> 21:25.200]  ordinary person of reasonable prudence would find the process degrading
[21:25.200 --> 21:28.200]  and punishing.
[21:28.200 --> 21:34.200]  It is illegal to punish someone before they have been convicted of a crime.
[21:34.200 --> 21:41.200]  The arresting agency may hold the person and restrict them at their
[21:41.200 --> 21:45.200]  liberty for the amount of time it takes to bring them before a magistrate,
[21:45.200 --> 21:51.200]  and then if the magistrate finds probable cause, then they may hold the
[21:51.200 --> 21:58.200]  person until they post bond, but they may not punish.
[21:58.200 --> 22:04.200]  It's even against the law for them to use any profanity or use any kind of
[22:04.200 --> 22:10.200]  insulting or provocative language toward the person.
[22:10.200 --> 22:15.200]  Now, they do it all the time, but the law forbids it.
[22:15.200 --> 22:20.200]  Well, anyway, they'll put you through the booking process, and then they'll
[22:20.200 --> 22:25.200]  bring you before a magistrate.
[22:25.200 --> 22:28.200]  Notice when you're brought before the magistrate.
[22:28.200 --> 22:34.200]  The magistrate will have a folder with information about you in it.
[22:34.200 --> 22:38.200]  The last time I was brought before one of those magistrates, well, not the
[22:38.200 --> 22:48.200]  last time, maybe three times back, but anyway, this is in Williamson County.
[22:48.200 --> 22:52.200]  When the magistrate called my name, he opened this folder, and I said,
[22:52.200 --> 22:54.200]  Your Honor, may I ask a question?
[22:54.200 --> 22:56.200]  He said, yes, you may.
[22:56.200 --> 23:02.200]  That folder you've got in front of you, does it have information about me in it?
[23:02.200 --> 23:05.200]  Well, yes, Mr. Conner, it does.
[23:05.200 --> 23:11.200]  Tell me, Your Honor, where did you get that?
[23:11.200 --> 23:15.200]  He kind of set back a little, taken aback.
[23:15.200 --> 23:18.200]  He said, Mr. Conner, I don't know what you mean.
[23:18.200 --> 23:21.200]  Who gave that to you?
[23:21.200 --> 23:25.200]  Then he set back in his chair and looked down at me.
[23:25.200 --> 23:28.200]  Now he knew exactly where I was going.
[23:28.200 --> 23:41.200]  How did a magistrate accept evidence into the record outside a proper hearing?
[23:41.200 --> 23:46.200]  Well, the fact was he had already held a hearing.
[23:46.200 --> 23:49.200]  He had held an examining trial.
[23:49.200 --> 23:55.200]  He had held an examining trial in an ex parte hearing with the bailiff.
[23:55.200 --> 23:58.200]  Now, that's not necessarily illegal.
[23:58.200 --> 24:05.200]  If a police officer goes to a magistrate, or if you go to a magistrate,
[24:05.200 --> 24:10.200]  and file a criminal complaint with the magistrate,
[24:10.200 --> 24:14.200]  that invokes the duty of the magistrate to hold an examining trial.
[24:14.200 --> 24:18.200]  Well, if the accused is not there,
[24:18.200 --> 24:25.200]  the magistrate can hold an examining trial and issue a warrant for the arrest of the accused.
[24:25.200 --> 24:33.200]  If you ever read an arrest warrant, the warrant itself always says the same thing.
[24:33.200 --> 24:40.200]  Arrest this person and bring him before me.
[24:40.200 --> 24:47.200]  The reason it always says that is that the magistrate held an examining trial ex parte.
[24:47.200 --> 24:53.200]  The accused was not present, so the accused couldn't invoke all of his rights.
[24:53.200 --> 24:58.200]  Therefore, when the person is arrested, based on a warrant,
[24:58.200 --> 25:03.200]  then they must always be brought back before the magistrate who issued the warrant
[25:03.200 --> 25:06.200]  so that he can hold another examining trial.
[25:06.200 --> 25:11.200]  Except in this one, the accused is present
[25:11.200 --> 25:18.200]  and gets opportunity to object to any evidence presented to the court.
[25:18.200 --> 25:21.200]  That's how it's supposed to be. That's not how it actually works.
[25:21.200 --> 25:24.200]  How it actually works is they throw you in jail,
[25:24.200 --> 25:29.200]  and they go to the magistrate to give the magistrate folders, the magistrate reads the folder,
[25:29.200 --> 25:36.200]  and makes a determination of probable cause without you present.
[25:36.200 --> 25:44.200]  And then when you come before the magistrate, he notifies you of the bail that's set in the case.
[25:44.200 --> 25:49.200]  Well, 17.05 Code of Criminal Procedure says,
[25:49.200 --> 25:57.200]  bail is taken by a magistrate after an examining trial
[25:57.200 --> 26:06.200]  by a judge in habeas corpus or by a police officer under 17.20, 21, 22.
[26:06.200 --> 26:12.200]  And those are special circumstances where bail is preset by the legislature.
[26:12.200 --> 26:18.200]  The only time a magistrate can take bail is after an examining trial.
[26:18.200 --> 26:25.200]  So if you go before a magistrate and he advises you of the amount of bail,
[26:25.200 --> 26:33.200]  by law there had to have been an examining trial because that's the only way he could set bail.
[26:33.200 --> 26:37.200]  And if there was an examining trial, you had all sorts of rights.
[26:37.200 --> 26:45.200]  There's a whole chapter in the Code of Criminal Procedure that lists the rights that you have.
[26:45.200 --> 26:51.200]  Somehow you missed out on all of those while you were sitting in a jail cell.
[26:51.200 --> 27:00.200]  Well, if a public official denies a citizen full and free access to or enjoyment of a right
[27:00.200 --> 27:04.200]  while acting under the color of an official authority,
[27:04.200 --> 27:11.200]  that's designated as official oppression by the penal code of the state of Texas.
[27:11.200 --> 27:14.200]  That's Class A misdemeanor.
[27:14.200 --> 27:22.200]  And if the judge held a hearing without you there when you were required to be there,
[27:22.200 --> 27:24.200]  that was also official oppression.
[27:24.200 --> 27:27.200]  Those are separate acts.
[27:27.200 --> 27:34.200]  But it gets a little better because if you're arrested and brought before a magistrate
[27:34.200 --> 27:39.200]  and the magistrate sets bail and you post bail and get out,
[27:39.200 --> 27:46.200]  if you go to the court and ask to see all of the documents the magistrate had before him
[27:46.200 --> 27:51.200]  when he held the examining trial or whatever they call that thing.
[27:51.200 --> 27:55.200]  Sometimes they call it an inter-brain mentor or a magistration.
[27:55.200 --> 27:57.200]  Magistration is a term they made up.
[27:57.200 --> 27:59.200]  It doesn't exist in law.
[27:59.200 --> 28:05.200]  If you type magistration into Microsoft Word, it puts a little red line under it.
[28:05.200 --> 28:08.200]  It doesn't recognize it.
[28:08.200 --> 28:11.200]  Neither do I. Neither does the law.
[28:11.200 --> 28:20.200]  It's a legal fiction, something the court's made up to describe what they do.
[28:20.200 --> 28:27.200]  But it's never been, that word has never been used by the legislature
[28:27.200 --> 28:31.200]  because what they do is highly illegal.
[28:31.200 --> 28:41.200]  After an examining trial, the magistrate shall seal all proceedings had in the hearing,
[28:41.200 --> 28:46.200]  I'm sorry, shall certify all proceedings had in the hearing
[28:46.200 --> 28:50.200]  and shall seal all documents had in the hearing in an envelope,
[28:50.200 --> 28:55.200]  cause his name to be written across the seal of the envelope
[28:55.200 --> 28:59.200]  and forwarded to the clerk of the court of jurisdiction.
[28:59.200 --> 29:01.200]  They never do that.
[29:01.200 --> 29:05.200]  What they do instead is forward it to the prosecuting attorney.
[29:05.200 --> 29:10.200]  And the reason they do that is the prosecuting attorney claims that
[29:10.200 --> 29:17.200]  since I'm the prosecutor and I'm the one that has to prosecute the case
[29:17.200 --> 29:23.200]  and I'm also learning counsel, a magistrate's not necessarily an attorney,
[29:23.200 --> 29:28.200]  well I'm the one who should decide whether or not the case has merit.
[29:28.200 --> 29:32.200]  Well that's very logical.
[29:32.200 --> 29:35.200]  That's very logical on the part of the prosecutor.
[29:35.200 --> 29:40.200]  Yeah, but it's specious logic and we'll go into why it's specious logic
[29:40.200 --> 29:42.200]  when we come back on the other side.
[29:42.200 --> 29:47.200]  Yeah, in fact I think that there was like a document written called the Magna Carta over this
[29:47.200 --> 29:53.200]  and I think we had a revolution in 1776 over this.
[29:53.200 --> 29:56.200]  I think people have fought for hundreds of years over this exact issue
[29:56.200 --> 29:59.200]  and here we go again, we'll be right back.
[30:26.200 --> 30:32.200]  We're taking a vegetarian place to beat One Love Kitchen, Austin, Texas.
[30:32.200 --> 30:36.200]  Written writer Alexander Solzhenitsyn was sentenced to eight years hard labor
[30:36.200 --> 30:39.200]  for criticizing Stalin in a letter to a friend.
[30:39.200 --> 30:41.200]  Good thing those days are past, or are they?
[30:41.200 --> 30:44.200]  I'm Dr. Catherine Albrecht, more in a moment.
[30:44.200 --> 30:47.200]  Google is watching you, recording everything you've ever searched for
[30:47.200 --> 30:51.200]  and creating a massive database of your personal information.
[30:51.200 --> 30:52.200]  That's creepy.
[30:52.200 --> 30:54.200]  But it doesn't have to be that way.
[30:54.200 --> 30:57.200]  Startpage.com is the world's most private search engine.
[30:57.200 --> 31:01.200]  Startpage.com doesn't store your IP address, make a record of your searches
[31:01.200 --> 31:04.200]  or use tracking cookies, and they're third party certified.
[31:04.200 --> 31:08.200]  If you don't like big brother spying on you, start over with Startpage.
[31:08.200 --> 31:11.200]  Great search results and total privacy.
[31:11.200 --> 31:14.200]  Startpage.com, the world's most private search engine.
[31:14.200 --> 31:18.200]  Back in the bad old Soviet days, officials routinely opened people's letters
[31:18.200 --> 31:21.200]  and scanned them for political correctness.
[31:21.200 --> 31:24.200]  Today the government of Finland is opening and scanning people's letters
[31:24.200 --> 31:27.200]  for a different reason, to deliver their mail electronically.
[31:27.200 --> 31:31.200]  Hundreds of Finnish citizens are letting postal workers open their mail
[31:31.200 --> 31:34.200]  and scan each letter and bill into a computer file they can see online
[31:34.200 --> 31:36.200]  or receive by email.
[31:36.200 --> 31:38.200]  They hope the idea eventually goes viral.
[31:38.200 --> 31:41.200]  Postal officials promise the staff is sworn to secrecy
[31:41.200 --> 31:43.200]  and would never read the contents of the letters.
[31:43.200 --> 31:47.200]  Somehow, if you were alive today, I doubt Alexander Solzhenitsyn
[31:47.200 --> 31:49.200]  would be among the first to sign up.
[31:49.200 --> 31:51.200]  I'm Dr. Katherine Albrecht.
[31:51.200 --> 32:20.200]  More news and information at KatherineAlbrecht.com.
[32:21.200 --> 32:30.200]  Okay, folks, we're back.
[32:30.200 --> 32:36.200]  Yeah, so this is a really big deal here concerning these documents
[32:36.200 --> 32:40.200]  being forwarded directly to the prosecuting attorney
[32:40.200 --> 32:44.200]  and not being filed with the clerk of the court
[32:44.200 --> 32:48.200]  because then technically there is no case against you.
[32:48.200 --> 32:52.200]  We were talking about this with Anthony last night, a caller who called him.
[32:52.200 --> 32:58.200]  There's no case except you've sat in jail and not only that,
[32:58.200 --> 33:03.200]  the prosecutor's leaning on you for a plea and all these kinds of things,
[33:03.200 --> 33:06.200]  and there's nothing that you can do because there's no case.
[33:06.200 --> 33:08.200]  You can't file any documents.
[33:08.200 --> 33:10.200]  You can't file any motions.
[33:10.200 --> 33:13.200]  You can't file anything in your defense
[33:13.200 --> 33:16.200]  because the prosecutor's holding all the marbles.
[33:16.200 --> 33:22.200]  And this is exactly the thing that the barons took drag King John
[33:22.200 --> 33:29.200]  down to the River Thames and nearly beheaded him over back in the year 1215 A.D.
[33:29.200 --> 33:33.200]  Okay, now we're over 800 years later or almost 800 years later,
[33:33.200 --> 33:36.200]  and now we're being faced with the same thing.
[33:36.200 --> 33:40.200]  This exact thing of these documents needing to be filed with the clerk of the court
[33:40.200 --> 33:43.200]  so that the court knows you exist
[33:43.200 --> 33:46.200]  and for the prosecutor to have these documents
[33:46.200 --> 33:51.200]  to the exclusion of the clerk of the court is felony tampering with a government document.
[33:51.200 --> 33:56.200]  And furthermore, the prosecutor is forbidden by law to be your accuser as well.
[33:56.200 --> 33:58.200]  That's another thing that the Magna Carta was signed over
[33:58.200 --> 34:00.200]  and that we fought a revolution over.
[34:00.200 --> 34:01.200]  Right, Randy?
[34:01.200 --> 34:05.200]  Yes, and Kennedy State says,
[34:05.200 --> 34:12.200]  in order to avoid the obvious evils of the accumulation of power in any one office,
[34:12.200 --> 34:16.200]  the prosecuting attorney for the purpose of filing a criminal complaint
[34:16.200 --> 34:20.200]  is not a credible person.
[34:20.200 --> 34:27.200]  It was intended that the documents the magistrate used
[34:27.200 --> 34:31.200]  to find probable cause be forwarded to the clerk of the court
[34:31.200 --> 34:36.200]  so that you would have notice of the charges against you.
[34:36.200 --> 34:42.200]  If a person is arrested on a warrant, immediately after execution of the warrant,
[34:42.200 --> 34:49.200]  the magistrate is required to make the warrant available for public inspection.
[34:49.200 --> 34:57.200]  It was intended that you have notice of whatever claim is against you.
[34:57.200 --> 35:04.200]  What happens now is people get arrested, they go to jail, they post bond,
[35:04.200 --> 35:08.200]  they get out, and there's no case against them.
[35:08.200 --> 35:13.200]  I went to my sheriff in Wise County, I went to the jail,
[35:13.200 --> 35:19.200]  and I wanted to see the records of all people arrested for the last six months.
[35:19.200 --> 35:21.200]  And that was going to be a big job for them.
[35:21.200 --> 35:23.200]  So they were kind of concerned about it.
[35:23.200 --> 35:25.200]  And the sheriff talked to me and he said,
[35:25.200 --> 35:28.200]  Mr. Kendallton, do you mind if I ask why you want to see those?
[35:28.200 --> 35:30.200]  I said, no, I don't mind at all.
[35:30.200 --> 35:35.200]  So I'm going to take all of these names, all these people you've arrested,
[35:35.200 --> 35:38.200]  and then I'm going to go down to the clerk of the court
[35:38.200 --> 35:44.200]  and see how many actual files I find in the clerk of the court's office.
[35:44.200 --> 35:49.200]  And for everyone that either doesn't have a file in the clerk of the court's office
[35:49.200 --> 35:54.200]  or there is no criminal complaint in the file,
[35:54.200 --> 36:00.200]  I'm going to prepare a writ of habeas corpus and file it in these people's behalf.
[36:00.200 --> 36:03.200]  And then you're going to have to come before the court
[36:03.200 --> 36:08.200]  and show cause as to why they're being held by the court record,
[36:08.200 --> 36:13.200]  because the only thing you can show the court is what's in the court record.
[36:13.200 --> 36:16.200]  But there is no court record.
[36:16.200 --> 36:22.200]  So when you have to do that, I'm going to be there so I can watch you squirm.
[36:22.200 --> 36:25.200]  So you can try to give an excuse as to why he's committing felony tampering
[36:25.200 --> 36:27.200]  with the government documents?
[36:27.200 --> 36:28.200]  Exactly.
[36:28.200 --> 36:31.200]  He said, well, Mr. Kelkin, you're a very funny fellow.
[36:31.200 --> 36:34.200]  Oh, you have no idea how funny.
[36:34.200 --> 36:42.200]  But the point is, I was thrown in jail once, spent six days in jail.
[36:42.200 --> 36:44.200]  Long story how that happened.
[36:44.200 --> 36:47.200]  The judge set me up for that.
[36:47.200 --> 36:55.200]  But there was a kid in there who had been there for 30 days for stealing a hat from Walmart.
[36:55.200 --> 36:58.200]  Now, he did steal a hat.
[36:58.200 --> 36:59.200]  They caught him.
[36:59.200 --> 37:02.200]  Somebody, when he's going out the door, told him to stop.
[37:02.200 --> 37:03.200]  He just kept going.
[37:03.200 --> 37:07.200]  I asked him, why didn't you just pitch the hat back in and leave?
[37:07.200 --> 37:10.200]  I wanted it.
[37:10.200 --> 37:14.200]  Geez, this guy was not a rocket scientist.
[37:14.200 --> 37:23.200]  However, he had been in jail for 30 days and he had requested court-appointed counsel a number of times
[37:23.200 --> 37:25.200]  and they ignored him.
[37:25.200 --> 37:28.200]  He said he filed a writ of habeas corpus.
[37:28.200 --> 37:29.200]  He wrote it out by hand.
[37:29.200 --> 37:30.200]  I said, what happened to that?
[37:30.200 --> 37:32.200]  Nothing.
[37:32.200 --> 37:37.200]  So I contacted a friend of mine and had him download off of my computer
[37:37.200 --> 37:41.200]  a request for a court-appointed counsel.
[37:41.200 --> 37:47.200]  Had him bring it down, have this kid sign it, and take it to the clerk of the court.
[37:47.200 --> 37:50.200]  He took it to the clerk and the clerk said, well, I can't take this.
[37:50.200 --> 37:51.200]  He said, well, why not?
[37:51.200 --> 37:53.200]  The kid's in jail.
[37:53.200 --> 37:57.200]  Well, I don't have a file on him.
[37:57.200 --> 38:03.200]  The kid's been in jail for 30 days and nobody knows he's there.
[38:03.200 --> 38:09.200]  Now, granted, this kid fell through the cracks, but this is the problem.
[38:09.200 --> 38:16.200]  He filed all these motions in his behalf, but there's nowhere to take him because there's no case against him.
[38:16.200 --> 38:24.200]  I searched through all of the court records for the district court in the county I lived in for one year
[38:24.200 --> 38:27.200]  and found some interesting things in there.
[38:27.200 --> 38:37.200]  Out of some 1,600 felonies brought, one person pled not guilty by the court record.
[38:37.200 --> 38:44.200]  And he was found guilty.
[38:44.200 --> 38:47.200]  He appealed and had it overturned on appeal.
[38:47.200 --> 38:50.200]  They held one trial all year and couldn't get that one right.
[38:50.200 --> 38:52.200]  This was a small county.
[38:52.200 --> 38:57.200]  But in looking through there, I found this one that was interesting.
[38:57.200 --> 39:11.200]  The guy took a deal and part of the deal was that he got 464 days time served.
[39:11.200 --> 39:16.200]  I looked at his record and there were no other allegations against him anywhere.
[39:16.200 --> 39:24.200]  How on earth did he get 464 days time served?
[39:24.200 --> 39:27.200]  I checked the sheriff's records.
[39:27.200 --> 39:32.200]  He was arrested and charged with a felony and couldn't post bail.
[39:32.200 --> 39:39.200]  So he sat in jail for a year and a half before he agreed to a deal.
[39:39.200 --> 39:41.200]  It took him that long to squeeze a deal out of.
[39:41.200 --> 39:45.200]  Yeah, and in the meantime, he couldn't file anything in his behalf.
[39:45.200 --> 39:48.200]  He couldn't file anything in his defense because there was no case.
[39:48.200 --> 39:49.200]  He's in a legal limbo.
[39:49.200 --> 39:54.200]  Well, the problem here, Randy, is that everyone is in a legal limbo,
[39:54.200 --> 39:57.200]  even if they manage to quote unquote bail out.
[39:57.200 --> 40:01.200]  Because every time this happens, they're breaking the law.
[40:01.200 --> 40:03.200]  And that's just all there is to it.
[40:03.200 --> 40:10.200]  They're purposely putting 100% of arrested victims in legal limbo.
[40:10.200 --> 40:13.200]  It's not just the ones who can't afford the bail.
[40:13.200 --> 40:14.200]  It's everyone.
[40:14.200 --> 40:21.200]  So even if you bail out, you're still under the clutches of the prosecutor
[40:21.200 --> 40:23.200]  trying to squeeze a deal out of you.
[40:23.200 --> 40:28.200]  And you still can't file anything in your case until they squeeze a deal out of you.
[40:28.200 --> 40:34.200]  And that's why you have to file Randy's petition for writ of habeas corpus
[40:34.200 --> 40:38.200]  and all these criminal complaints against the prosecutor and all these other people
[40:38.200 --> 40:40.200]  because they're breaking the law.
[40:40.200 --> 40:43.200]  And this is not the way our republic was set up.
[40:43.200 --> 40:46.200]  This is not the way that the Code of Criminal Procedure reads.
[40:46.200 --> 40:47.200]  Right.
[40:47.200 --> 40:55.200]  And this is all orchestrated by the prosecuting attorney so that he can make a deal.
[40:55.200 --> 40:58.200]  They're running far too many people through the courts
[40:58.200 --> 41:01.200]  for them to be able to prosecute all of them.
[41:01.200 --> 41:09.200]  So in order to lighten the prosecutorial burden, the police, the prosecutors,
[41:09.200 --> 41:20.200]  and the courts over a period of time and through a series of seemingly minor
[41:20.200 --> 41:27.200]  adjustments toward administrative expediency, I'm sorry, administrative convenience
[41:27.200 --> 41:35.200]  and adjudicative expediency have so altered the criminal justice system
[41:35.200 --> 41:41.200]  that every step as presently practiced in the state of Texas
[41:41.200 --> 41:46.200]  by the criminal justice system from arrest to trial is not only wrong,
[41:46.200 --> 41:51.200]  it is very specifically against particular law.
[41:51.200 --> 41:58.200]  Not only is it against law, it's against law for a very specific reason.
[41:58.200 --> 42:01.200]  Everything is about the deal.
[42:01.200 --> 42:05.200]  And everything is about the revenue generation.
[42:05.200 --> 42:12.200]  Question, would you recognize a police state if you were in one?
[42:12.200 --> 42:15.200]  What would constitute a police state?
[42:15.200 --> 42:22.200]  We did a live presentation at the Austin City Hall when Chief Acevedo
[42:22.200 --> 42:29.200]  wanted to get authorization for his officers to take blood on the side of the highway.
[42:29.200 --> 42:33.200]  So we kind of bushwhacked the chief on the way in and I asked him,
[42:33.200 --> 42:35.200]  why would you want to do this?
[42:35.200 --> 42:39.200]  He said, well, it would help generate more evidence
[42:39.200 --> 42:41.200]  and increase our conviction rate.
[42:41.200 --> 42:45.200]  Well, why would you want to increase your conviction rate?
[42:45.200 --> 42:48.200]  Well, so we'd get more convictions.
[42:48.200 --> 42:51.200]  Do you know what your conviction rate is?
[42:51.200 --> 42:53.200]  He said, well, he wasn't sure.
[42:53.200 --> 42:54.200]  I said, well, take a guess.
[42:54.200 --> 42:56.200]  He said, well, 70%, 80%.
[42:56.200 --> 42:59.200]  How about a little higher, maybe 90%.
[42:59.200 --> 43:02.200]  Well, maybe, maybe 95%, 96%.
[43:02.200 --> 43:07.200]  He said, no, maybe 99.6%.
[43:07.200 --> 43:09.200]  He said, no, no, that couldn't be.
[43:09.200 --> 43:12.200]  He said, I have my statistician here.
[43:12.200 --> 43:13.200]  Let me call him over.
[43:13.200 --> 43:15.200]  And he called this guy over.
[43:15.200 --> 43:19.200]  And he asked him, what is the average conviction rate in Texas?
[43:19.200 --> 43:20.200]  And the guy kind of hedged.
[43:20.200 --> 43:23.200]  I said, about 90-something percent.
[43:23.200 --> 43:26.200]  About 95%, 96%.
[43:26.200 --> 43:29.200]  About 99%, 99.6%.
[43:29.200 --> 43:35.200]  Well, maybe 99.6%.
[43:35.200 --> 43:40.200]  The United States has about 3% of the world's population.
[43:40.200 --> 43:46.200]  We house approximately 50% of the world's population of inmates.
[43:46.200 --> 43:51.200]  Would you recognize a police state if you were in one?
[43:51.200 --> 43:53.200]  It's ready to count in Davis-Stevens.
[43:53.200 --> 44:01.200]  We'll be right back on the other side.
[44:01.200 --> 44:03.200]  Are you being harassed by debt collectors
[44:03.200 --> 44:06.200]  with phone calls, letters, or even lawsuits?
[44:06.200 --> 44:10.200]  Stop debt collectors now with the Michael Mears proven method.
[44:10.200 --> 44:13.200]  Michael Mears has won six cases in federal court against debt collectors,
[44:13.200 --> 44:15.200]  and now you can win, too.
[44:15.200 --> 44:19.200]  You'll get step-by-step instructions in plain English on how to win in court
[44:19.200 --> 44:21.200]  using federal civil rights statutes,
[44:21.200 --> 44:25.200]  what to do when contacted by phone, mail, or court summons,
[44:25.200 --> 44:27.200]  how to answer letters and phone calls,
[44:27.200 --> 44:29.200]  how to get debt collectors out of your credit report,
[44:29.200 --> 44:34.200]  how to turn the financial tables on them and make them pay you to go away.
[44:34.200 --> 44:39.200]  The Michael Mears proven method is the solution for how to stop debt collectors.
[44:39.200 --> 44:41.200]  Personal consultation is available as well.
[44:41.200 --> 44:45.200]  For more information, please visit ruleoflawradio.com
[44:45.200 --> 44:47.200]  and click on the blue Michael Mears banner
[44:47.200 --> 44:50.200]  or email michaelmears at yahoo.com.
[44:50.200 --> 44:52.200]  That's ruleoflawradio.com
[44:52.200 --> 44:58.200]  or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[44:58.200 --> 45:01.200]  to learn how to stop debt collectors now.
[45:01.200 --> 45:29.200]  MUSIC
[45:29.200 --> 45:32.200]  Okay, folks, we're back.
[45:32.200 --> 45:36.200]  Yeah, and I wanted to make a comment about this police state thing
[45:36.200 --> 45:39.200]  because here at Rule of Law Radio,
[45:39.200 --> 45:42.200]  we absolutely do not advocate any violence whatsoever
[45:42.200 --> 45:44.200]  or any violent overthrow of the government,
[45:44.200 --> 45:50.200]  but I will make this historical perspective comment.
[45:50.200 --> 45:57.200]  The founding fathers of this country and the barons in England,
[45:57.200 --> 46:02.200]  the founding fathers basically started the revolution here in the states,
[46:02.200 --> 46:10.200]  in the colonies, and the barons dragged the King James down to the River Thames
[46:10.200 --> 46:17.200]  for much less egregious actions than what we are suffering right now,
[46:17.200 --> 46:20.200]  and that's just a fact.
[46:20.200 --> 46:25.200]  So we need to do something here and hopefully in a peaceful manner
[46:25.200 --> 46:28.200]  and hopefully according to the rule of law that's on the books,
[46:28.200 --> 46:32.200]  and if we could just find a way to get these rogues to follow the law,
[46:32.200 --> 46:36.200]  things would be much different around here
[46:36.200 --> 46:40.200]  because it is completely unacceptable that people are being arrested
[46:40.200 --> 46:43.200]  and bailed out or arrested and sitting in jail
[46:43.200 --> 46:47.200]  and there's not even a file in the clerk's office of the court.
[46:47.200 --> 46:51.200]  Meanwhile, they're pressuring people for deals and all the revenue generation,
[46:51.200 --> 46:54.200]  so something's got to stop.
[46:54.200 --> 46:58.200]  Yes, which brings us to remedy.
[46:58.200 --> 47:01.200]  That's what we're about is remedy.
[47:01.200 --> 47:04.200]  The system is in a terrible mess,
[47:04.200 --> 47:09.200]  and once I worked out what the problem was,
[47:09.200 --> 47:15.200]  the solution was not immediately apparent.
[47:15.200 --> 47:19.200]  I figured out, when I started out in 1981,
[47:19.200 --> 47:22.200]  I spent the night in jail for driving the headlight out,
[47:22.200 --> 47:25.200]  and that didn't seem right, so I got out the penal code,
[47:25.200 --> 47:28.200]  the code of criminal procedure, and I read them,
[47:28.200 --> 47:31.200]  and then I looked at what they were actually doing,
[47:31.200 --> 47:36.200]  and I thought, have I stepped through the looking glass?
[47:36.200 --> 47:37.200]  I'm an engineer.
[47:37.200 --> 47:40.200]  I'm good at reading tech manuals,
[47:40.200 --> 47:45.200]  and the penal code and code of criminal procedure is a tech manual.
[47:45.200 --> 47:46.200]  This is how it's done.
[47:46.200 --> 47:48.200]  These are the parameters.
[47:48.200 --> 47:52.200]  Well, the parameters were relatively clear and easy to understand,
[47:52.200 --> 47:55.200]  and they fit together extremely well.
[47:55.200 --> 48:02.200]  We have a very good corpus juris, especially in Texas.
[48:02.200 --> 48:04.200]  Of all of the places I've been,
[48:04.200 --> 48:08.200]  nowhere do they have as clearly written
[48:08.200 --> 48:14.200]  and comprehensive a corpus juris as we have here.
[48:14.200 --> 48:17.200]  The problems that we are having,
[48:17.200 --> 48:21.200]  we are having from no lack of law,
[48:21.200 --> 48:27.200]  from no lack of checks and balances.
[48:27.200 --> 48:31.200]  The problem we're having is you and I.
[48:31.200 --> 48:34.200]  We haven't done our jobs.
[48:34.200 --> 48:37.200]  We are the sovereigns.
[48:37.200 --> 48:44.200]  It is our job to ensure that our public officials obey our law,
[48:44.200 --> 48:47.200]  and we haven't done that.
[48:47.200 --> 48:54.200]  I know when I say that, people think about, well, what can I do?
[48:54.200 --> 48:59.200]  Well, it took about 15 years to figure out what was wrong.
[48:59.200 --> 49:04.200]  It took another 15 years to sort out what to do about it,
[49:04.200 --> 49:08.200]  and there really is something you can do about it.
[49:08.200 --> 49:15.200]  Each of us individually can act to change the system, and the way we do it
[49:15.200 --> 49:23.200]  is we enforce the law the same way the police, the courts, and the prosecutors do.
[49:23.200 --> 49:27.200]  When we observe someone committing a crime,
[49:27.200 --> 49:29.200]  we don't have to go out and arrest them,
[49:29.200 --> 49:32.200]  because for the most part here we're talking about public officials.
[49:32.200 --> 49:35.200]  They're not going anywhere.
[49:35.200 --> 49:38.200]  We observe them commit a crime, prepare a criminal complaint,
[49:38.200 --> 49:42.200]  take it to a magistrate, and file a criminal complaint.
[49:42.200 --> 49:49.200]  When a policeman comes before a magistrate and files a criminal complaint,
[49:49.200 --> 49:54.200]  he does not do so in his capacity as a police officer.
[49:54.200 --> 50:02.200]  He does it in his individual sovereign personal capacity as a citizen,
[50:02.200 --> 50:08.200]  and he does it with the same authority and responsibility
[50:08.200 --> 50:13.200]  that each citizen has to report crime.
[50:13.200 --> 50:17.200]  If he reported the crime in his capacity as a police officer,
[50:17.200 --> 50:22.200]  we would have the state as the accuser and the prosecutor,
[50:22.200 --> 50:25.200]  and that's one of the things that was forbidden,
[50:25.200 --> 50:29.200]  and that's why a prosecutor can't file a complaint.
[50:29.200 --> 50:32.200]  The police officer does it in his personal capacity,
[50:32.200 --> 50:34.200]  and you do it in your personal capacity.
[50:34.200 --> 50:41.200]  You have the same right and authority to file a criminal complaint as any police officer.
[50:41.200 --> 50:46.200]  Now, if you go to a prosecuting attorney and complain about a criminal act,
[50:46.200 --> 50:49.200]  he's going to send you to the police department,
[50:49.200 --> 50:53.200]  and when you go to the police department and you tell them what happened,
[50:53.200 --> 50:56.200]  that's complaining.
[50:56.200 --> 50:59.200]  Criminal complaint is a term of art.
[50:59.200 --> 51:00.200]  It has a specific meaning.
[51:00.200 --> 51:04.200]  It refers to a very particular document.
[51:04.200 --> 51:12.200]  It's a document that always must run in the name of the state.
[51:12.200 --> 51:18.200]  Under the authority of the state of Texas, how's it go, Eddie?
[51:18.200 --> 51:20.200]  It's been too long since I did this.
[51:20.200 --> 51:27.200]  It's under the authority, or I'm sorry, in and by the authority of the state of Texas.
[51:27.200 --> 51:28.200]  Okay.
[51:28.200 --> 51:31.200]  It always, yeah, it always must run in the name of the state of Texas,
[51:31.200 --> 51:40.200]  and then it says, I have reason to believe and do believe based on the following.
[51:40.200 --> 51:44.200]  In a criminal complaint, you testify to your belief.
[51:44.200 --> 51:51.200]  You don't testify to the absolute truth because you're not required to know the absolute truth.
[51:51.200 --> 52:01.200]  You're only required to have reason to believe and required actually to believe.
[52:01.200 --> 52:04.200]  So if you state that you have reason to believe and do believe,
[52:04.200 --> 52:07.200]  that this person has committed this criminal act,
[52:07.200 --> 52:10.200]  have reason to believe and do believe based on the following,
[52:10.200 --> 52:17.200]  and you state a brief statement of facts, then from those facts,
[52:17.200 --> 52:26.200]  as long as you state the facts clearly, succinctly, without exaggeration or equivocation,
[52:26.200 --> 52:35.200]  you are absolutely immune from legal repercussion, even if you're totally wrong.
[52:35.200 --> 52:43.200]  So long as you state the facts clearly and succinctly, don't exaggerate, don't make up any facts.
[52:43.200 --> 52:50.200]  From those facts, you can come to any conclusion that you want to,
[52:50.200 --> 52:54.200]  and you don't have to have personal knowledge.
[52:54.200 --> 53:00.200]  For instance, if someone comes to me and says, I know this guy over here,
[53:00.200 --> 53:05.200]  and I saw him commit this heinous crime, but I know him and he knows me,
[53:05.200 --> 53:06.200]  and I'm terrified of this guy.
[53:06.200 --> 53:09.200]  There's no way I'm going to file any criminal complaints against him
[53:09.200 --> 53:12.200]  because he'll come and get me.
[53:12.200 --> 53:20.200]  If I believe this person, then I have a duty to file a criminal complaint,
[53:20.200 --> 53:27.200]  and I can do that based on your testimony of someone else if I believe it.
[53:27.200 --> 53:32.200]  You can do this because a criminal complaint harms no one.
[53:32.200 --> 53:37.200]  A criminal complaint is merely notification that you have reason to believe a crime has been committed,
[53:37.200 --> 53:46.200]  and that criminal complaint is always directed to some magistrate.
[53:46.200 --> 53:52.200]  When you go to a prosecutor and tell him that you have reason to believe a crime has been committed,
[53:52.200 --> 53:58.200]  and he sends you to the police department, that's not what the law says.
[53:58.200 --> 54:02.200]  Nowhere is a criminal complaint directed to the police department.
[54:02.200 --> 54:09.200]  Now, they can send you to the police department if you want to complain, but that's just complaining.
[54:09.200 --> 54:16.200]  A criminal affidavit, a criminal complaint is a very specific document
[54:16.200 --> 54:22.200]  making a specific allegation affirmed before a notary.
[54:22.200 --> 54:26.200]  In law, a notary is called verification.
[54:26.200 --> 54:30.200]  Affirmation is signature.
[54:30.200 --> 54:32.200]  That document constitutes a criminal complaint.
[54:32.200 --> 54:36.200]  You can look on my website, jurisimprudence.com.
[54:36.200 --> 54:41.200]  There's a bunch of frogs on there because I call this the frog farm conspiracy.
[54:41.200 --> 54:45.200]  Top frog on the right will go to documents and research.
[54:45.200 --> 54:51.200]  Click on the blank section, and there's a section there with blank criminal complaints.
[54:51.200 --> 54:55.200]  You can just copy the complaint down and fill in the blanks.
[54:55.200 --> 54:58.200]  File that.
[54:58.200 --> 55:02.200]  The way you file it, you file it with a magistrate.
[55:02.200 --> 55:09.200]  Except I can't get magistrates in Texas to accept criminal complaints against public officials.
[55:09.200 --> 55:12.200]  They simply refuse.
[55:12.200 --> 55:18.200]  And this is part of my struggle in figuring out what the remedy was.
[55:18.200 --> 55:25.200]  When everybody refuses to follow law and does what they want to do, where do you go?
[55:25.200 --> 55:29.200]  It took quite a while, and I finally found it.
[55:29.200 --> 55:32.200]  You go to the grand jury.
[55:32.200 --> 55:43.200]  The grand jury was put in place for the specific purpose of protecting the public
[55:43.200 --> 55:47.200]  from the prosecutor and other public officials.
[55:47.200 --> 55:54.200]  And it's still in place, and it's still the most powerful tool that we have.
[55:54.200 --> 55:58.200]  If you observe a public official violating the law relating to his office,
[55:58.200 --> 56:05.200]  you have a duty to prepare and file a criminal complaint.
[56:05.200 --> 56:10.200]  If the magistrate you file the complaint with refuses to take it,
[56:10.200 --> 56:18.200]  you can always go to the grand jury because 20.09 Code of Criminal Procedures
[56:18.200 --> 56:24.200]  in addressing the duties of the grand jury, it shall be the duty of the grand jury
[56:24.200 --> 56:29.200]  to investigate into all criminal accusations that come to their knowledge
[56:29.200 --> 56:37.200]  by way of the prosecuting attorney or any credible person.
[56:37.200 --> 56:41.200]  So if you make the grand jury aware that a crime has been committed,
[56:41.200 --> 56:46.200]  they have a duty to investigate into your allegation.
[56:46.200 --> 56:57.200]  And in law, as a sovereign citizen, you may go to the grand jury.
[56:57.200 --> 57:01.200]  As a matter of fact, you can do anything you want to
[57:01.200 --> 57:06.200]  unless the law specifically prohibits you from doing that.
[57:06.200 --> 57:13.200]  Public officials, on the other hand, may only do what they are specifically authorized to do.
[57:13.200 --> 57:21.200]  And I'm going to grand juries because this is the key to fixing the system.
[57:21.200 --> 57:29.200]  It was put in place by our founders with great care and it was very well done.
[57:29.200 --> 57:32.200]  It is the key.
[57:32.200 --> 57:37.200]  I tend to make criminal accusations against public officials all the time.
[57:37.200 --> 57:42.200]  And in doing so, I almost never want to prosecute.
[57:42.200 --> 57:45.200]  That's not really the purpose of the grand jury.
[57:45.200 --> 57:55.200]  Grand jury is intended to be a deterrent to crime.
[57:55.200 --> 58:02.200]  Anyone who would commit a crime has to look to prospect of explaining themselves to grand jury.
[58:02.200 --> 58:10.200]  And when we come back, I'll go directly into the strategy of how to use a grand jury
[58:10.200 --> 58:18.200]  to completely change the system and bring it back to right.
[58:18.200 --> 58:29.200]  In the beginning, the purpose of the grand jury was not to shield, but to also be the sword.
[58:29.200 --> 58:33.200]  But to come forward with their own indictments.
[58:33.200 --> 58:35.200]  And that is the function.
[58:35.200 --> 58:37.200]  That's the side of the grand jury that has been lost.
[58:37.200 --> 58:44.200]  And that's the side that we need to reclaim, that needs to be strengthened again.
[58:44.200 --> 58:48.200]  We don't need the prosecutor to present charges to grand jury.
[58:48.200 --> 58:53.200]  We need to present our own charges against the prosecutor to the grand jury.
[58:53.200 --> 58:57.200]  And let the grand jury indict the prosecutor.
[58:57.200 --> 58:59.200]  We'll be right back.
[58:59.200 --> 59:05.200]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy.
[59:05.200 --> 59:08.200]  And neither is finding like-minded people to share it with.
[59:08.200 --> 59:11.200]  Oh, well, I guess you haven't heard of Brave New Books, then.
[59:11.200 --> 59:12.200]  Brave New Books?
[59:12.200 --> 59:19.200]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[59:19.200 --> 59:23.200]  They even stock inner food, Berkey products, and Calvin Soaps.
[59:23.200 --> 59:25.200]  There's no way a place like that exists.
[59:25.200 --> 59:31.200]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[59:31.200 --> 59:35.200]  Oh, by UT, there's never anywhere to park down there.
[59:35.200 --> 59:42.200]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility, just behind the bookstore.
[59:42.200 --> 59:46.200]  It does exist, but when are they open?
[59:46.200 --> 59:51.200]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[59:51.200 --> 59:58.200]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[59:58.200 --> 01:00:04.200]  This news brief brought to you by the International News Net.
[01:00:04.200 --> 01:00:09.200]  Gareth Williams, the British spy whose body was found stuffed into a sports bag Wednesday,
[01:00:09.200 --> 01:00:14.200]  had been employed as a communications worker at the UK government's listening post in Cheltenham,
[01:00:14.200 --> 01:00:18.200]  and most recently at MI6, Britain's overseas spy service.
[01:00:18.200 --> 01:00:26.200]  The last spy to have been killed in Britain was Russian Alexander Litvinenko, who died of radioactive poisoning in 2006.
[01:00:26.200 --> 01:00:35.200]  Afghan President Hamid Karzai says U.S. plans to start pulling troops out of Afghanistan next year
[01:00:35.200 --> 01:00:39.200]  are boosting the Taliban's spirit, giving them morale value.
[01:00:39.200 --> 01:00:43.200]  Karzai has also told the head of U.S. Central Command
[01:00:43.200 --> 01:00:49.200]  terrorism won't be defeated without rooting out terrorist sanctuaries across the border in Pakistan.
[01:00:49.200 --> 01:00:57.200]  U.S. Supreme Court Justice Sonia Sotomayor predicted Thursday the country's high court will be asked
[01:00:57.200 --> 01:01:04.200]  to weigh issues of national security versus free speech because of the leaked classified documents posted on WikiLeaks.
[01:01:04.200 --> 01:01:08.200]  The documents, which included names of Afghans working with U.S. forces,
[01:01:08.200 --> 01:01:12.200]  have been blasted by the Pentagon for putting lives at risk.
[01:01:12.200 --> 01:01:16.200]  WikiLeaks insists the website provides a public service for whistleblowers.
[01:01:16.200 --> 01:01:20.200]  This news brief brought to you by the International News Net.
[01:01:20.200 --> 01:01:26.200]  Former U.S. President Jimmy Carter has secured the release of a U.S. citizen detained in North Korea.
[01:01:26.200 --> 01:01:35.200]  Aijalan Gomes was sentenced to eight years' hard labor in April after being found guilty of illegally entering the country from China.
[01:01:35.200 --> 01:01:39.200]  Carter, who spent two days in Pyongyang, has now left with Gomes.
[01:01:39.200 --> 01:01:44.200]  Carter's visit came at a time of heightened tension between North Korea and the outside world
[01:01:44.200 --> 01:01:47.200]  in the wake of sinking a South Korean warship.
[01:01:47.200 --> 01:01:52.200]  In visiting North Korea, Carter is following in the footsteps of former President Bill Clinton,
[01:01:52.200 --> 01:01:57.200]  who last year secured the release of two U.S. journalists detained for crossing the border.
[01:01:57.200 --> 01:02:05.200]  North Korea's state media said Korean officials told Carter Pyongyang was willing to reenter talks on its nuclear program.
[01:02:05.200 --> 01:02:08.200]  Talks have been stalled for several months now.
[01:02:08.200 --> 01:02:15.200]  Scientists Thursday reported results from the first detailed study of a giant plume of oily water
[01:02:15.200 --> 01:02:23.200]  near the blown-out BP well in the Gulf of Mexico, 22 miles long, more than a mile wide, and 650 feet tall.
[01:02:23.200 --> 01:02:29.200]  The new data is the first peer-reviewed study about oil lurking 3,000 feet below the surface.
[01:02:29.200 --> 01:02:35.200]  The study refutes the government's recent estimate that 75 percent of the oil from the BP well
[01:02:35.200 --> 01:02:39.200]  had been skimmed, burned, or broken up by chemical dispersants.
[01:02:39.200 --> 01:02:47.200]  Lead researcher Rich Camilli said many people speculated subsurface oil droplets were being easily biodegraded.
[01:02:47.200 --> 01:03:12.200]  Well, we didn't find that. We found it was still there.
[01:03:17.200 --> 01:03:27.200]  It's all according to the will of the Almighty
[01:03:27.200 --> 01:03:34.200]  I read this book and it says it cares not for the unsightly
[01:03:34.200 --> 01:03:43.200]  These warmongers come by that term rightly
[01:03:43.200 --> 01:03:50.200]  I won't pay for the war with my body Ain't gonna pay for the car with my money
[01:03:50.200 --> 01:03:57.200]  I won't pay for the fun with my body Their plans wicked and their logic shoddy
[01:03:57.200 --> 01:04:04.200]  Ain't gonna pay for the oil with my body I won't pay for the boys with my money
[01:04:04.200 --> 01:04:11.200]  Ain't gonna pay for the kids with my body The whole agenda smells funny
[01:04:11.200 --> 01:04:15.200]  I wanna fight in a war of my own
[01:04:42.200 --> 01:04:49.200]  And to throw sand and gravel, as it were, into the wheels of justice, not to grease the wheels.
[01:04:49.200 --> 01:04:53.200]  We're there to throw sand and gravel into the gears.
[01:04:53.200 --> 01:05:00.200]  The grand jury is there to keep the prosecutor and the state from just completely railroading people.
[01:05:00.200 --> 01:05:04.200]  They're not there to help the prosecutor in any way whatsoever.
[01:05:04.200 --> 01:05:12.200]  And what's happened, it started in the mid-1800s, actually I do a seminar on the history of grand jury
[01:05:12.200 --> 01:05:16.200]  and grand jury functioning and ways that we can reclaim our grand jury power,
[01:05:16.200 --> 01:05:21.200]  started about in mid-1800s, the decline of the grand jury,
[01:05:21.200 --> 01:05:25.200]  when it became more and more just used as a tool by the prosecutor.
[01:05:25.200 --> 01:05:29.200]  And now the prosecutor instructs the grand jury during the impaneling
[01:05:29.200 --> 01:05:33.200]  as to what they're supposed to do, quote unquote, and all these kinds of things.
[01:05:33.200 --> 01:05:40.200]  So we need to have more education out there to the potential prospective grand jurors
[01:05:40.200 --> 01:05:44.200]  as to what their rights are and what they're really supposed to be doing.
[01:05:44.200 --> 01:05:49.200]  And Hoppe Heidelberg can talk some about that, that he got kicked off the federal grand jury
[01:05:49.200 --> 01:05:54.200]  for asking too many questions, for wanting to do a real investigation into the Oklahoma City bombing,
[01:05:54.200 --> 01:05:58.200]  for wanting to call witnesses, oh, gasp, you know.
[01:05:58.200 --> 01:06:01.200]  So these are the things that need to happen.
[01:06:01.200 --> 01:06:04.200]  I mean, there should have been criminal charges filed against that federal judge
[01:06:04.200 --> 01:06:08.200]  for kicking Hoppe Heidelberg off to begin with.
[01:06:08.200 --> 01:06:11.200]  And so the grand jury really is our last recourse.
[01:06:11.200 --> 01:06:16.200]  I mean, there's been times where, you know, basically it comes down to this.
[01:06:16.200 --> 01:06:21.200]  If the prosecutor's trying to get in the way of somebody submitting criminal complaints to the grand jury,
[01:06:21.200 --> 01:06:24.200]  you've got to call 911 outside the grand jury door.
[01:06:24.200 --> 01:06:28.200]  That's how far gone our republic is at this point.
[01:06:28.200 --> 01:06:33.200]  You have to call 911 outside the door of the grand jury because the prosecutor's in the way.
[01:06:33.200 --> 01:06:40.200]  So Randy, why don't you get into some remedies here about how to deal with grand juries,
[01:06:40.200 --> 01:06:46.200]  and then let's talk about documents that people can file, motions to dismiss and things like that
[01:06:46.200 --> 01:06:52.200]  and other kinds of documents that they would file in their defense of their case and criminal charges and such.
[01:06:52.200 --> 01:06:57.200]  Well, first I want to go to the grand jury as a remedy.
[01:06:57.200 --> 01:07:04.200]  If we're to take our system back, we're going to have to use the grand jury to get it done.
[01:07:04.200 --> 01:07:08.200]  And it's easier than it appears.
[01:07:08.200 --> 01:07:11.200]  If you have reason to believe a crime has been committed,
[01:07:11.200 --> 01:07:19.200]  you have a duty to file a complaint with either the prosecuting attorney who is authorized to accept complaints
[01:07:19.200 --> 01:07:22.200]  or with some magistrate.
[01:07:22.200 --> 01:07:27.200]  And generally, if I'm filing criminal complaints against public officials,
[01:07:27.200 --> 01:07:34.200]  I can expect every official that I go to to refuse to perform his duty.
[01:07:34.200 --> 01:07:38.200]  That has certainly been my experience.
[01:07:38.200 --> 01:07:49.200]  And over time, after a lot of mistries and wrong directions, I finally worked out how to do it.
[01:07:49.200 --> 01:07:57.200]  And what you do is, if you were arrested and taken to jail and how all these things center,
[01:07:57.200 --> 01:08:01.200]  you can go look on our website, on jurisimprudence.com,
[01:08:01.200 --> 01:08:09.200]  and I have a set of complaints to file based on the things that they do.
[01:08:09.200 --> 01:08:13.200]  If you go to the website, you'll see a bunch of frogs on there.
[01:08:13.200 --> 01:08:22.200]  The top frog on the left goes to a rift habeas corpus I wrote for a kid in Conroe, Texas.
[01:08:22.200 --> 01:08:29.200]  And it walks down jurisprudence pretty much the way I just explained it to you.
[01:08:29.200 --> 01:08:36.200]  And it walks through all the things they did and makes accusations against them going through it.
[01:08:36.200 --> 01:08:44.200]  And if you look on the right-hand side in the documents and research, offhand,
[01:08:44.200 --> 01:08:48.200]  I don't remember the folder I've got it in, but you'll find, you browse through those folders,
[01:08:48.200 --> 01:08:57.200]  you'll find a set of complaints that is in fact the writ of habeas corpus broken down into separate documents,
[01:08:57.200 --> 01:09:03.200]  a criminal complaint, a motion challenging the subject matter jurisdiction of the court
[01:09:03.200 --> 01:09:10.200]  based on the violations of law of the officer, motion to disqualify the officer as a witness,
[01:09:10.200 --> 01:09:15.200]  motion to disqualify the prosecutor, disqualify the magistrate,
[01:09:15.200 --> 01:09:20.200]  and a whole stack of criminal complaints against a lot of them.
[01:09:20.200 --> 01:09:25.200]  I generally come up with about 30 to 50 criminal complaints.
[01:09:25.200 --> 01:09:32.200]  And when I tell people about filing criminal complaints, they wonder, you know, what complaints can I file
[01:09:32.200 --> 01:09:35.200]  that will not be a problem?
[01:09:35.200 --> 01:09:41.200]  Trying to figure out which criminal complaints you can file is absolutely not a problem.
[01:09:41.200 --> 01:09:48.200]  The difficulty is selecting out of the plethora of opportunities they will give you
[01:09:48.200 --> 01:09:54.200]  those criminal complaints that will have the most effect.
[01:09:54.200 --> 01:10:00.200]  Generally, I like to select something really small.
[01:10:00.200 --> 01:10:07.200]  If I'm going to work over a jurisdiction, I'll go in and get a public official to do something really tiny,
[01:10:07.200 --> 01:10:14.200]  like if I go down to the clerk of the court and I ask to see records in a certain way,
[01:10:14.200 --> 01:10:20.200]  or if I go to the sheriff's department and I demand to see certain records,
[01:10:20.200 --> 01:10:25.200]  if I ask the questions, ask for the right kinds of records,
[01:10:25.200 --> 01:10:32.200]  I can get the custodian of the record to ask me why I want to see those records.
[01:10:32.200 --> 01:10:40.200]  Now, if I can get him to ask me why I want to see those, that gets a 911 call.
[01:10:40.200 --> 01:10:47.200]  Because under the Open Records Act, the custodian of the record may make no inquiry of the requester
[01:10:47.200 --> 01:10:53.200]  other than to determine his identity and the records sought.
[01:10:53.200 --> 01:10:59.200]  And public officials like to think of the Open Records Act as a civil statute.
[01:10:59.200 --> 01:11:01.200]  It is not a civil statute.
[01:11:01.200 --> 01:11:03.200]  It's a criminal statute.
[01:11:03.200 --> 01:11:11.200]  Right at the end it says violation of this act is an official misconduct, Class A misdemeanor.
[01:11:11.200 --> 01:11:18.200]  So if I can get the individual to ask for stuff they don't want to give you,
[01:11:18.200 --> 01:11:21.200]  I want to see their policy.
[01:11:21.200 --> 01:11:25.200]  I want to see their policy for ticket writing.
[01:11:25.200 --> 01:11:27.200]  I want to see their policy for hiring.
[01:11:27.200 --> 01:11:34.200]  I want to see what the weight requirements are.
[01:11:34.200 --> 01:11:38.200]  I'll eventually get him to ask me why I want to see these.
[01:11:38.200 --> 01:11:40.200]  I get the question.
[01:11:40.200 --> 01:11:43.200]  He gets a 911 call.
[01:11:43.200 --> 01:11:45.200]  Then the police come out.
[01:11:45.200 --> 01:11:46.200]  You haven't lived until you've done this.
[01:11:46.200 --> 01:11:49.200]  This is a hoot.
[01:11:49.200 --> 01:11:51.200]  Calling the police on the police is a hoot.
[01:11:51.200 --> 01:11:53.200]  You'll love this.
[01:11:53.200 --> 01:12:00.200]  You take a policeman and put him in a position to where you're the victim,
[01:12:00.200 --> 01:12:03.200]  one of his buddies is the criminal,
[01:12:03.200 --> 01:12:10.200]  and you have called this person on 911 so there's a recording of it
[01:12:10.200 --> 01:12:15.200]  that you have asked for police assistance to help you with a criminal
[01:12:15.200 --> 01:12:21.200]  who's committing crimes against you and it turns out to be one of his buddies.
[01:12:21.200 --> 01:12:26.200]  You'll get to see what we call that little kicking dance
[01:12:26.200 --> 01:12:29.200]  where the officers are shuffling from one foot to another.
[01:12:29.200 --> 01:12:32.200]  Well, Mr. Kilton, I could arrest him.
[01:12:32.200 --> 01:12:33.200]  I sure can.
[01:12:33.200 --> 01:12:36.200]  Just throw the cuffs on him and drag him off to jail.
[01:12:36.200 --> 01:12:42.200]  They do everything they can to try to make this all go away.
[01:12:42.200 --> 01:12:44.200]  I generally let it.
[01:12:44.200 --> 01:12:48.200]  I just jerk him around a while and then I prepare a criminal complaint
[01:12:48.200 --> 01:12:51.200]  and take it to the prosecuting attorney.
[01:12:51.200 --> 01:12:53.200]  Now, there are a lot of places I could take the complaint.
[01:12:53.200 --> 01:12:55.200]  I could take it to any magistrate in the county.
[01:12:55.200 --> 01:12:57.200]  I could take it to the police department.
[01:12:57.200 --> 01:13:02.200]  And I will take one to the police department if I'm trying to set up the department.
[01:13:02.200 --> 01:13:07.200]  But generally I don't bother with them anymore because the police are not the problem.
[01:13:07.200 --> 01:13:10.200]  I used to think the police were the problem, but they're not.
[01:13:10.200 --> 01:13:12.200]  You and I are the problem.
[01:13:12.200 --> 01:13:17.200]  The police, the prosecutors, the judges, none of those are the real problem.
[01:13:17.200 --> 01:13:23.200]  We are because we haven't done what we should do as sovereigns
[01:13:23.200 --> 01:13:27.200]  to ensure that our officials abide by law.
[01:13:27.200 --> 01:13:33.200]  So I look for a minor complaint and I generally take it to the prosecuting attorney,
[01:13:33.200 --> 01:13:35.200]  the district attorney.
[01:13:35.200 --> 01:13:38.200]  And I want it to be really minor.
[01:13:38.200 --> 01:13:45.200]  It's better if he realizes I set the individual up for the complaint.
[01:13:45.200 --> 01:13:52.200]  And that's helpful when we get a little further down the road.
[01:13:52.200 --> 01:13:58.200]  If I bring in a complaint against a public official for asking me why I want to see records
[01:13:58.200 --> 01:14:00.200]  and he looks at what went on, he's going to think,
[01:14:00.200 --> 01:14:02.200]  this guy set him up so he could do that.
[01:14:02.200 --> 01:14:04.200]  That's right, I did.
[01:14:04.200 --> 01:14:07.200]  I'm not going to tell him that, but he'll figure it out
[01:14:07.200 --> 01:14:12.200]  because the prosecutor will refuse to take the complaint.
[01:14:12.200 --> 01:14:16.200]  And that's precisely what I want him to do
[01:14:16.200 --> 01:14:23.200]  because Article 2.03, Code of Criminal Procedure, is very clear.
[01:14:23.200 --> 01:14:27.200]  Now, it's under duties of officers,
[01:14:27.200 --> 01:14:31.200]  Chapter 2, Code of Criminal Procedure, Duties of Officers.
[01:14:31.200 --> 01:14:38.200]  2.01 states, it shall be the primary duty of the prosecuting attorney
[01:14:38.200 --> 01:14:41.200]  not to secure conviction,
[01:14:41.200 --> 01:14:44.200]  but to ensure that justice is served.
[01:14:44.200 --> 01:14:48.200]  He shall not seek witnesses or evidence to make sure the innocence of the accused
[01:14:48.200 --> 01:14:50.200]  or mitigate the guilt of the accused.
[01:14:50.200 --> 01:14:54.200]  Well, that's nice high-minded rhetoric,
[01:14:54.200 --> 01:14:58.200]  but it really doesn't give the prosecutor a specific thing to do.
[01:14:58.200 --> 01:15:04.200]  2.02 does, tells him specifically what cases he will handle,
[01:15:04.200 --> 01:15:07.200]  what cases the district attorney will handle,
[01:15:07.200 --> 01:15:10.200]  and what cases the county attorney will handle.
[01:15:10.200 --> 01:15:13.200]  2.03.
[01:15:13.200 --> 01:15:19.200]  Now, this is not 2.296 or 354.
[01:15:19.200 --> 01:15:23.200]  So right up here in the front, 2.03,
[01:15:23.200 --> 01:15:30.200]  this is the first one that gives the prosecuting attorney a specific directive.
[01:15:30.200 --> 01:15:35.200]  It says that when a prosecuting, and I'm paraphrasing here because this is a little bit long,
[01:15:35.200 --> 01:15:41.200]  when a prosecuting attorney is made known that a public official
[01:15:41.200 --> 01:15:45.200]  has violated a law relating to his office,
[01:15:45.200 --> 01:15:50.200]  he shall reduce plaintiff information and submit it to the grand jury.
[01:15:50.200 --> 01:15:52.200]  No discretion.
[01:15:52.200 --> 01:15:55.200]  The county, I read that to him, he just got elected.
[01:15:55.200 --> 01:15:58.200]  He read it, or actually I gave it to him, he read it.
[01:15:58.200 --> 01:16:02.200]  He said, well, that takes us off the hook.
[01:16:02.200 --> 01:16:04.200]  Exactly.
[01:16:04.200 --> 01:16:07.200]  Prosecutors should never be put in a place to determine
[01:16:07.200 --> 01:16:10.200]  whether or not to prosecute somebody who works for.
[01:16:10.200 --> 01:16:16.200]  I have yet to meet a prosecutor who's ever read that statute,
[01:16:16.200 --> 01:16:18.200]  much less follow it.
[01:16:18.200 --> 01:16:25.200]  So you can be sure he will refuse to reduce plaintiff information submitted to the grand jury.
[01:16:25.200 --> 01:16:30.200]  When he doesn't, we start running the routine on him.
[01:16:30.200 --> 01:16:38.200]  And what we do with the routine is we make a criminal complaint up against him
[01:16:38.200 --> 01:16:42.200]  and accuse him of violating a law relating to his office
[01:16:42.200 --> 01:16:46.200]  and in the process denying the citizen full and free access to the enjoyment of rights,
[01:16:46.200 --> 01:16:50.200]  specifically the right to petition the court for redress of grievance.
[01:16:50.200 --> 01:16:53.200]  And the next thing we do is hammer the district judge,
[01:16:53.200 --> 01:17:03.200]  and we'll get to that on the other side.
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[01:17:44.200 --> 01:17:49.200]  or call 512-646-6440 with any questions.
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[01:18:01.200 --> 01:18:29.200]  Okay, we're back.
[01:18:29.200 --> 01:18:34.200]  We left with the district judge.
[01:18:34.200 --> 01:18:40.200]  What we do first is we set up the prosecutor.
[01:18:40.200 --> 01:18:43.200]  Prosecutors are not used to being set up.
[01:18:43.200 --> 01:18:48.200]  Generally, they're the second most feared person in the county.
[01:18:48.200 --> 01:18:51.200]  The most feared person is the district judge,
[01:18:51.200 --> 01:18:54.200]  but next to him is the district attorney.
[01:18:54.200 --> 01:18:57.200]  So we want to set up the district attorney first,
[01:18:57.200 --> 01:19:02.200]  get him to refuse to perform a duty he's required to perform.
[01:19:02.200 --> 01:19:10.200]  The point of 2.03 is it gives the prosecutor no discretion.
[01:19:10.200 --> 01:19:16.200]  So when he exercises discretion, we call it caprice.
[01:19:16.200 --> 01:19:18.200]  We maintain that he did not determine
[01:19:18.200 --> 01:19:20.200]  whether or not there was sufficient evidence
[01:19:20.200 --> 01:19:26.200]  that the person committed crime because we give them dead-bang evidence.
[01:19:26.200 --> 01:19:29.200]  Irrefutable.
[01:19:29.200 --> 01:19:33.200]  He decides whether or not he wants to prosecute,
[01:19:33.200 --> 01:19:40.200]  and he has specifically been denied the authority to make that determination.
[01:19:40.200 --> 01:19:46.200]  So we accuse the prosecuting attorney of obstruction of justice,
[01:19:46.200 --> 01:19:49.200]  and we make up a complaint against the prosecuting attorney,
[01:19:49.200 --> 01:19:54.200]  and we take it to a magistrate.
[01:19:54.200 --> 01:20:00.200]  Now, every judge in the county is a magistrate.
[01:20:00.200 --> 01:20:05.200]  You can take it to a municipal judge, a justice of the peace,
[01:20:05.200 --> 01:20:09.200]  a county or district judge.
[01:20:09.200 --> 01:20:15.200]  I suggest always choose the highest judge in the county.
[01:20:15.200 --> 01:20:21.200]  The lower level the judge, essentially the more ignorant they are,
[01:20:21.200 --> 01:20:24.200]  and the more problems they'll cause you,
[01:20:24.200 --> 01:20:29.200]  and the less effect it will have going to them.
[01:20:29.200 --> 01:20:33.200]  You always want to pick the highest level judge in the district,
[01:20:33.200 --> 01:20:40.200]  and you can simply make up a criminal complaint against the prosecuting attorney,
[01:20:40.200 --> 01:20:47.200]  take it to a notary, have it verified, and mail it to the judge,
[01:20:47.200 --> 01:20:50.200]  and the judge will refuse to act on it.
[01:20:50.200 --> 01:20:58.200]  He may send you a letter telling you that you should file this with someone else.
[01:20:58.200 --> 01:21:04.200]  Generally, they want you to file criminal complaints with justices of the peace,
[01:21:04.200 --> 01:21:06.200]  but we don't care what he does.
[01:21:06.200 --> 01:21:11.200]  Just we know he's not going to convene an examining trial
[01:21:11.200 --> 01:21:14.200]  and examine into the sufficiency of your allegation.
[01:21:14.200 --> 01:21:19.200]  He's going to refuse to act on it, and that's what we want.
[01:21:19.200 --> 01:21:24.200]  Once the district judge refuses to act on your complaint,
[01:21:24.200 --> 01:21:28.200]  then you make up a complaint against the district judge
[01:21:28.200 --> 01:21:33.200]  for obstruction of justice and shielding from prosecution.
[01:21:33.200 --> 01:21:40.200]  Obstruction of justice is 3502, I believe.
[01:21:40.200 --> 01:21:49.200]  I forget, but the shielding from prosecution is 3805 penal code, and it's a felony.
[01:21:49.200 --> 01:21:53.200]  And we take that to the grand jury.
[01:21:53.200 --> 01:21:55.200]  This is how you do it.
[01:21:55.200 --> 01:22:00.200]  You make up a set of complaints, and in Texas we have 12 grand jurors,
[01:22:00.200 --> 01:22:07.200]  so you make up 12 complaints, put each in a separate envelope,
[01:22:07.200 --> 01:22:14.200]  put foreman on the first one, grand juror one through 11 on the rest.
[01:22:14.200 --> 01:22:20.200]  And then you call the district court's office or call the district clerk first
[01:22:20.200 --> 01:22:25.200]  and ask the district clerk which district judge has a grand jury
[01:22:25.200 --> 01:22:31.200]  because it's a lot of work convening a grand jury and working with them
[01:22:31.200 --> 01:22:35.200]  because every time they hear indictments, they hold a hearing,
[01:22:35.200 --> 01:22:38.200]  the judge has to convene the hearing, so it's just a lot of work for the judges.
[01:22:38.200 --> 01:22:40.200]  They tend to rotate them out.
[01:22:40.200 --> 01:22:43.200]  One judge will have it one time, another district judge will have it another time
[01:22:43.200 --> 01:22:47.200]  unless they only have one judge in the county.
[01:22:47.200 --> 01:22:54.200]  You ask the clerk which one has a grand jury and then go to that judge's coordinator.
[01:22:54.200 --> 01:22:59.200]  Sometimes they call the person a clerk, sometimes a coordinator,
[01:22:59.200 --> 01:23:07.200]  but you want the person who keeps the judge's calendar, and you call that person
[01:23:07.200 --> 01:23:13.200]  and ask that person when the grand jury is next scheduled to meet.
[01:23:13.200 --> 01:23:17.200]  She has to have that in her calendar so the judge will know when he has to convene
[01:23:17.200 --> 01:23:25.200]  a hearing to hear the indictments, and generally that's not hard to find out.
[01:23:25.200 --> 01:23:33.200]  You might either call down to the courthouse or go down to the courthouse
[01:23:33.200 --> 01:23:41.200]  and ask them where the grand jury meets so you know what room they're meeting in.
[01:23:41.200 --> 01:23:47.200]  Then on the day they're scheduled to meet, you come down to the courthouse
[01:23:47.200 --> 01:23:50.200]  and you go to the room they're scheduled to meet in
[01:23:50.200 --> 01:23:56.200]  and you will find a rather surly looking bailiff standing in front of the door.
[01:23:56.200 --> 01:24:00.200]  And you tell the bailiff, you tell him what your name is first
[01:24:00.200 --> 01:24:04.200]  because you don't want him asking questions.
[01:24:04.200 --> 01:24:11.200]  And then you tell him instruct the foreman that I have business with the grand jury.
[01:24:11.200 --> 01:24:15.200]  And they will, everyone I've ever done that to said the same thing.
[01:24:15.200 --> 01:24:17.200]  May I tell them the nature of the business?
[01:24:17.200 --> 01:24:21.200]  Yes, you may. Give him these because he'll see these folders in your hand
[01:24:21.200 --> 01:24:25.200]  and he'll think you're important.
[01:24:25.200 --> 01:24:30.200]  They say yes, you may. You can give him these.
[01:24:30.200 --> 01:24:41.200]  And immediately the bailiff is going to start looking around for something to do.
[01:24:41.200 --> 01:24:44.200]  Excuse me, I think I swallowed a bug.
[01:24:44.200 --> 01:24:46.200]  The bailiff will start looking around for something to do.
[01:24:46.200 --> 01:24:53.200]  And what he's going to want to do is call the district attorney and ask him for advice.
[01:24:53.200 --> 01:24:59.200]  When I did this in Johnson County, the bailiff started looking around and I said,
[01:24:59.200 --> 01:25:02.200]  I know what you're thinking.
[01:25:02.200 --> 01:25:07.200]  You're thinking I should go ask the district attorney what to do.
[01:25:07.200 --> 01:25:09.200]  Bad idea.
[01:25:09.200 --> 01:25:13.200]  The district attorney is the accused in these documents.
[01:25:13.200 --> 01:25:17.200]  You go to the district attorney and ask the district attorney what to do.
[01:25:17.200 --> 01:25:21.200]  I'll consider that a criminal act on your part.
[01:25:21.200 --> 01:25:26.200]  And the bailiff in this instance, he knew me already. He didn't like me.
[01:25:26.200 --> 01:25:35.200]  He said, well then Mr. Kelton, I will just see what the foreman of the grand jury has to say about this.
[01:25:35.200 --> 01:25:38.200]  Good move.
[01:25:38.200 --> 01:25:43.200]  The reason we go to the district attorney first and then the district judge,
[01:25:43.200 --> 01:25:53.200]  is everybody that bailiff would tend to go to for advice is named in the complaints.
[01:25:53.200 --> 01:25:57.200]  So there's nobody to go to but the grand jury.
[01:25:57.200 --> 01:26:04.200]  Now frankly, we don't care if we actually get this in front of the grand jury or not.
[01:26:04.200 --> 01:26:08.200]  Actually, it's better if you don't.
[01:26:08.200 --> 01:26:15.200]  Yeah, we would like to get an indictment or two every now and then and those may happen as a matter of course.
[01:26:15.200 --> 01:26:23.200]  But for the most part, it's extremely difficult to get a grand jury to indict a public official,
[01:26:23.200 --> 01:26:33.200]  especially when it appears the public official was acting in the apparent performance of his duty.
[01:26:33.200 --> 01:26:38.200]  So if we get it to the grand jury, they're going to know bill.
[01:26:38.200 --> 01:26:40.200]  That kind of ruins everything.
[01:26:40.200 --> 01:26:45.200]  It works better when you just make grand jury noises.
[01:26:45.200 --> 01:26:53.200]  When you make grand jury noises, they're never sure what a grand jury will do.
[01:26:53.200 --> 01:26:57.200]  I had the district attorney in Wise County once tell me,
[01:26:57.200 --> 01:27:01.200]  those darn grand jurors, they think what they're doing is important.
[01:27:01.200 --> 01:27:04.200]  I said, well, Barry, it is important.
[01:27:04.200 --> 01:27:12.200]  Well, I know that, but I wish they didn't because they made his job difficult.
[01:27:12.200 --> 01:27:21.200]  He said, the thing about a grand jury is you never know what they're going to do.
[01:27:21.200 --> 01:27:28.200]  And from my perspective, that was the best information I could hear about a grand jury.
[01:27:28.200 --> 01:27:35.200]  You never know what they're going to do.
[01:27:35.200 --> 01:27:44.200]  And the person you're making the accusation against doesn't know what they're going to do.
[01:27:44.200 --> 01:27:49.200]  If you get before the grand jury and they know bill, then it's over.
[01:27:49.200 --> 01:27:53.200]  You can't complain when a grand jury knows bills.
[01:27:53.200 --> 01:27:59.200]  That's what you want the grand jury to do, make that decision without interference from anyone.
[01:27:59.200 --> 01:28:02.200]  So the thing you want to do is take it to the grand jury,
[01:28:02.200 --> 01:28:05.200]  wave it in front of the grand jury or at least in front of their door,
[01:28:05.200 --> 01:28:08.200]  and make all these grand jury noises.
[01:28:08.200 --> 01:28:12.200]  Because what's going to happen is everybody in the building is going to know
[01:28:12.200 --> 01:28:17.200]  that you're trying to get the district judge indicted.
[01:28:17.200 --> 01:28:25.200]  And you're trying to get the district judge indicted because he didn't take your complaint
[01:28:25.200 --> 01:28:29.200]  against the district attorney.
[01:28:29.200 --> 01:28:34.200]  And what do you think the district judge is going to tell the district attorney?
[01:28:34.200 --> 01:28:36.200]  What is going on here?
[01:28:36.200 --> 01:28:39.200]  Why are these guys trying to get me indicted?
[01:28:39.200 --> 01:28:44.200]  Because I wouldn't have you get you indicted.
[01:28:44.200 --> 01:28:52.200]  And we're trying to get the prosecutor indicted because some public official didn't do his job.
[01:28:52.200 --> 01:28:56.200]  Now we've got everyone's attention.
[01:28:56.200 --> 01:29:04.200]  If you're arrested and you're run through the system, start making grand jury noises.
[01:29:04.200 --> 01:29:10.200]  Now the prosecuting attorney will tell you that he is the only one authorized to present
[01:29:10.200 --> 01:29:13.200]  to the grand jury, and that's true.
[01:29:13.200 --> 01:29:22.200]  I'm sorry, the only one with the right to present to the grand jury, and that's true.
[01:29:22.200 --> 01:29:29.200]  However, anyone can present to the grand jury if they are requested to do so by the grand jury.
[01:29:29.200 --> 01:29:35.200]  The prosecutor is the only one that can present as a matter of statutory right.
[01:29:35.200 --> 01:29:43.200]  So he tries to trick us into thinking only he can make allegations before a grand jury.
[01:29:43.200 --> 01:29:46.200]  That is absolutely not true.
[01:29:46.200 --> 01:29:51.200]  I'll finish this up on the other side and then we can open up the phone lines.
[01:29:51.200 --> 01:29:56.200]  This is Randy Count and Deborah Stevens, Eddie Craig, Root of Law Radio.
[01:29:56.200 --> 01:30:01.200]  We'll be right back.
[01:30:01.200 --> 01:30:05.200]  There are many reasons to question the official story of the Oklahoma City bombing.
[01:30:05.200 --> 01:30:07.200]  Reason number 10, what is on the surveillance tapes?
[01:30:07.200 --> 01:30:10.200]  There were many video surveillance cameras that recorded the morning of the bombing,
[01:30:10.200 --> 01:30:15.200]  yet the few of these that had been released do not show what transpired with the Ryder truck at the Murrah Building.
[01:30:15.200 --> 01:30:18.200]  Most recently, the government has claimed that all of the cameras that were in different buildings
[01:30:18.200 --> 01:30:23.200]  and maintained by different businesses were all having their tapes changed at the exact same time, 9.02 a.m.
[01:30:23.200 --> 01:30:26.200]  This is insulting to the memory of those who perished in the bombing.
[01:30:26.200 --> 01:30:28.200]  What is being hidden from us?
[01:30:28.200 --> 01:30:32.200]  For more information, please go to okcbombingtruth.com.
[01:30:32.200 --> 01:30:36.200]  If you have a Gmail account, Google reads every message you send or receive
[01:30:36.200 --> 01:30:39.200]  and records the keywords in a profile they keep on you.
[01:30:39.200 --> 01:30:42.200]  I'm Dr. Catherine Albrecht and I think that's just plain creepy.
[01:30:42.200 --> 01:30:44.200]  I'll say more in a moment.
[01:30:44.200 --> 01:30:46.200]  Privacy is under attack.
[01:30:46.200 --> 01:30:49.200]  When you give up data about yourself, you'll never get it back again.
[01:30:49.200 --> 01:30:54.200]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:54.200 --> 01:30:59.200]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:59.200 --> 01:31:02.200]  Privacy, it's worth hanging on to.
[01:31:02.200 --> 01:31:05.200]  This public service announcement is brought to you by StartPage.com,
[01:31:05.200 --> 01:31:09.200]  the private search engine alternative to Google, Yahoo and Bing.
[01:31:09.200 --> 01:31:12.200]  Start over with StartPage.
[01:31:12.200 --> 01:31:18.200]  Hey Gmail users, ever seen an online ad that exactly matches something you discussed in a private email?
[01:31:18.200 --> 01:31:20.200]  It's no coincidence.
[01:31:20.200 --> 01:31:24.200]  See, Google offers you Gmail about a $40 annual value for free
[01:31:24.200 --> 01:31:28.200]  so they can get inside your head and figure out your interests by reading your mail.
[01:31:28.200 --> 01:31:32.200]  They say reading every message you send or receive helps them better target ads,
[01:31:32.200 --> 01:31:36.200]  but most people have no idea that Google keeps a record of their email contents
[01:31:36.200 --> 01:31:38.200]  and they'd be pretty upset if they knew.
[01:31:38.200 --> 01:31:42.200]  When Gmail was first released, dozens of privacy experts asked Google
[01:31:42.200 --> 01:31:45.200]  to stay out of people's private correspondence.
[01:31:45.200 --> 01:31:47.200]  Unfortunately, Google ignored our request.
[01:31:47.200 --> 01:31:52.200]  I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com.
[01:32:17.200 --> 01:32:22.200]  The wicked come with temptations
[01:32:22.200 --> 01:32:27.200]  They're trying to buy the whole place
[01:32:27.200 --> 01:32:32.200]  They want to force the nation
[01:32:32.200 --> 01:32:37.200]  Because they've fallen from grace
[01:32:37.200 --> 01:32:47.200]  They want to force the nation
[01:32:47.200 --> 01:32:52.200]  Because they've fallen from grace
[01:32:52.200 --> 01:32:57.200]  I will not drink that cup
[01:32:57.200 --> 01:33:02.200]  I just can't act that way
[01:33:02.200 --> 01:33:08.200]  I want me to say come with me
[01:33:08.200 --> 01:33:10.200]  Because I'm so used to coming out
[01:33:10.200 --> 01:33:12.200]  I can't be calm man
[01:33:12.200 --> 01:33:14.200]  You gotta save yourself from the almighty one
[01:33:14.200 --> 01:33:17.200]  You don't have to be a man to save time and earth
[01:33:17.200 --> 01:33:19.200]  You love me down with heart and feet
[01:33:19.200 --> 01:33:21.200]  You love God and mercy
[01:33:21.200 --> 01:33:22.200]  You love him badly
[01:33:22.200 --> 01:33:25.200]  You don't have to be a man in the world to come and heal me
[01:33:25.200 --> 01:33:28.200]  Because God's man has got to appreciate me
[01:33:28.200 --> 01:33:31.200]  He created the man that you do it for
[01:33:31.200 --> 01:33:33.200]  The mankind still have to feel free
[01:33:33.200 --> 01:33:36.200]  Because they're mad, Lord, the God angry
[01:33:36.200 --> 01:33:39.200]  The mankind, Lord, the Lord, the God angry
[01:33:39.200 --> 01:33:42.200]  The mankind still have to feel free
[01:33:42.200 --> 01:33:45.200]  The people are fighting, man, the people are fighting
[01:33:45.200 --> 01:33:47.200]  Man doesn't give a damn, nobody
[01:33:47.200 --> 01:33:54.200]  Okay, this is Randy Kelton, David Craig, David, David, David Stevens, David Craig.
[01:33:54.200 --> 01:33:56.200]  We're back.
[01:33:56.200 --> 01:34:03.200]  We're talking about primarily how to approach a grand jury.
[01:34:03.200 --> 01:34:10.200]  And we do that by, we start out by setting up the district attorney.
[01:34:10.200 --> 01:34:15.200]  And I like to take the district attorney a complaint that looks like
[01:34:15.200 --> 01:34:19.200]  the person I'm complaining against got set up.
[01:34:19.200 --> 01:34:23.200]  Because when the district attorney realizes that I set him up,
[01:34:23.200 --> 01:34:28.200]  it'll help him to realize that they've been set up from the beginning.
[01:34:28.200 --> 01:34:31.200]  And that makes it all the more difficult for them.
[01:34:31.200 --> 01:34:35.200]  And primarily we want to engage the district attorney,
[01:34:35.200 --> 01:34:38.200]  then engage the district judge,
[01:34:38.200 --> 01:34:42.200]  and then take complaints against both of them down to the grand jury
[01:34:42.200 --> 01:34:46.200]  so that the bailiff can't go to either one of them for advice
[01:34:46.200 --> 01:34:49.200]  or we go after the bailiff.
[01:34:49.200 --> 01:34:54.200]  And what this does is creates a situation
[01:34:54.200 --> 01:34:59.200]  to where everything they do makes it worse.
[01:34:59.200 --> 01:35:04.200]  Every step they take digs a hole that they're in deeper.
[01:35:04.200 --> 01:35:09.200]  And the problem is the grand jury,
[01:35:09.200 --> 01:35:12.200]  you just never know what a grand jury's going to do.
[01:35:12.200 --> 01:35:16.200]  And that's why we, I'm not so crazy about actually getting in front of the grand jury
[01:35:16.200 --> 01:35:19.200]  because for the most part they're going to no-bill.
[01:35:19.200 --> 01:35:23.200]  And the judges and the prosecutors and all of them know
[01:35:23.200 --> 01:35:27.200]  that for the most part the grand jury's going to no-bill.
[01:35:27.200 --> 01:35:35.200]  However, you just never know what a grand jury of my peers is going to do.
[01:35:35.200 --> 01:35:40.200]  And if they get one indictment, they are in history.
[01:35:40.200 --> 01:35:43.200]  Their career is over.
[01:35:43.200 --> 01:35:49.200]  When citizens start going to grand juries on prosecutors and judges,
[01:35:49.200 --> 01:35:56.200]  the prosecutors and judges start watching their careers flash before their eyes.
[01:35:56.200 --> 01:36:00.200]  We've done this, and it's very effective.
[01:36:00.200 --> 01:36:05.200]  And if we get more people doing it, we will get our system back.
[01:36:05.200 --> 01:36:09.200]  And that's the only tool I could find that we have
[01:36:09.200 --> 01:36:12.200]  that any of these folks pay attention to.
[01:36:12.200 --> 01:36:18.200]  It's the one tool that's not in their control.
[01:36:18.200 --> 01:36:22.200]  And Eddie, you have any comments?
[01:36:22.200 --> 01:36:24.200]  Well, I got lots of them, none of them good though,
[01:36:24.200 --> 01:36:29.200]  at least relating to the individuals we're talking about.
[01:36:29.200 --> 01:36:34.200]  The only thing I would like to correct is the hindering apprehension
[01:36:34.200 --> 01:36:36.200]  and prosecution statute.
[01:36:36.200 --> 01:36:40.200]  It's actually an offense that is one level below the act
[01:36:40.200 --> 01:36:45.200]  that they are hampering prosecution of.
[01:36:45.200 --> 01:36:46.200]  So be aware of that.
[01:36:46.200 --> 01:36:49.200]  If you're charging them with a Class A misdemeanor
[01:36:49.200 --> 01:36:51.200]  or they ignored a Class A misdemeanor,
[01:36:51.200 --> 01:36:55.200]  then they can be hit with a Class B misdemeanor and so on and so forth.
[01:36:55.200 --> 01:36:58.200]  Yes, when I said that, I thought I wasn't sure about that,
[01:36:58.200 --> 01:37:00.200]  that I needed to check it.
[01:37:00.200 --> 01:37:02.200]  It seemed I remembered that.
[01:37:02.200 --> 01:37:03.200]  I stand corrected.
[01:37:03.200 --> 01:37:05.200]  I've made a mistake.
[01:37:05.200 --> 01:37:10.200]  But other than that, I completely agree we need to be going after these folks.
[01:37:10.200 --> 01:37:15.200]  We need to...the one place in this where Randy and I differ
[01:37:15.200 --> 01:37:19.200]  is I absolutely want indictments.
[01:37:19.200 --> 01:37:23.200]  I absolutely want every one of these individuals to so far in jail,
[01:37:23.200 --> 01:37:26.200]  we have to pop them sunlight.
[01:37:26.200 --> 01:37:31.200]  And I agree, you know, an indictment sure wouldn't hurt my feelings.
[01:37:31.200 --> 01:37:38.200]  And the reason I present this the way I do is if we don't get an indictment,
[01:37:38.200 --> 01:37:41.200]  that's not the failure.
[01:37:41.200 --> 01:37:44.200]  We're getting it done anyway.
[01:37:44.200 --> 01:37:49.200]  The idea is, the purpose is to change the system.
[01:37:49.200 --> 01:37:54.200]  It's not, you know, not specifically to punish an individual,
[01:37:54.200 --> 01:37:59.200]  although, you know, that might be intuitive or satisfying.
[01:37:59.200 --> 01:38:02.200]  Ultimately, the purpose is to change the system.
[01:38:02.200 --> 01:38:06.200]  Whether we get an indictment or don't get an indictment,
[01:38:06.200 --> 01:38:10.200]  this will have effect to change the system.
[01:38:10.200 --> 01:38:12.200]  Well, you know what they say,
[01:38:12.200 --> 01:38:17.200]  the reason they want to throw you in prison is so they can rehabilitate you, right?
[01:38:17.200 --> 01:38:19.200]  So let's use that plan for them.
[01:38:19.200 --> 01:38:23.200]  Let's get them indicted and thrown in prison so we can rehabilitate them.
[01:38:23.200 --> 01:38:25.200]  Well, yeah, I would actually like to see that.
[01:38:25.200 --> 01:38:31.200]  And if we got some indictments, it would sure be helpful.
[01:38:31.200 --> 01:38:37.200]  But it's enough if all we do is get them facing the prospect.
[01:38:37.200 --> 01:38:42.200]  A couple of years ago, I put all the highest judges in Texas in front of a grand jury,
[01:38:42.200 --> 01:38:45.200]  the Court of Criminal Appeals, all the justices.
[01:38:45.200 --> 01:38:48.200]  We got them presented on April the 31st.
[01:38:48.200 --> 01:38:51.200]  Grand jury held the complaints until their last,
[01:38:51.200 --> 01:38:56.200]  on their first day and held them until the last day and finally no buildup.
[01:38:56.200 --> 01:39:01.200]  But all of these justices were looking at their careers in it.
[01:39:01.200 --> 01:39:07.200]  If that grand jury brought an indictment, it would be over for every one of them.
[01:39:07.200 --> 01:39:10.200]  And there was nothing they could do.
[01:39:10.200 --> 01:39:18.200]  It didn't hurt anything that Ron Earl was a 25-year Democratic prosecuting attorney
[01:39:18.200 --> 01:39:22.200]  who was lame duck, he wasn't running again.
[01:39:22.200 --> 01:39:27.200]  And all of these judges were Republicans.
[01:39:27.200 --> 01:39:29.200]  That might have a little bit to do with it.
[01:39:29.200 --> 01:39:33.200]  But from my perspective, that made it even more valuable
[01:39:33.200 --> 01:39:37.200]  because they had to be certain that Ron Earl was doing everything he could
[01:39:37.200 --> 01:39:40.200]  to take them out with him.
[01:39:40.200 --> 01:39:43.200]  He was leaving office and he was trying to take them with him.
[01:39:43.200 --> 01:39:47.200]  And grand jury was the vehicle.
[01:39:47.200 --> 01:39:48.200]  So it's there.
[01:39:48.200 --> 01:39:51.200]  It's there for all of us to use and it's a piece of cake.
[01:39:51.200 --> 01:39:54.200]  If you're afraid of being harassed by the police
[01:39:54.200 --> 01:39:58.200]  or if you have been harassed by the police,
[01:39:58.200 --> 01:40:04.200]  what you want is to file a criminal complaint against the district judge
[01:40:04.200 --> 01:40:10.200]  for not taking a criminal complaint against one of these lower level officials.
[01:40:10.200 --> 01:40:13.200]  I prefer to be the prosecuting attorney.
[01:40:13.200 --> 01:40:17.200]  But if you don't want to go through all that rigmarole,
[01:40:17.200 --> 01:40:20.200]  you can just take a complaint against whoever's bothering you
[01:40:20.200 --> 01:40:25.200]  to the district judge when he refuses to act on it.
[01:40:25.200 --> 01:40:29.200]  Then you file criminal charges against the district judge.
[01:40:29.200 --> 01:40:33.200]  And the way this keeps you from being harassed,
[01:40:33.200 --> 01:40:37.200]  once I make an allegation against the district judge,
[01:40:37.200 --> 01:40:42.200]  if anyone in an official capacity even frowns at me,
[01:40:42.200 --> 01:40:45.200]  or does anything I don't like,
[01:40:45.200 --> 01:40:47.200]  I'm going to accuse the district judge
[01:40:47.200 --> 01:40:53.200]  of specifically sending them to do that to me.
[01:40:53.200 --> 01:40:54.200]  I've done it.
[01:40:54.200 --> 01:40:57.200]  It works.
[01:40:57.200 --> 01:41:02.200]  I was just jerking an officer around once when he stopped me
[01:41:02.200 --> 01:41:07.200]  at the place I lived was in Boyd at the time, Boyd, Texas.
[01:41:07.200 --> 01:41:10.200]  And I lived right next to City Hall.
[01:41:10.200 --> 01:41:12.200]  And I had an officer stop me.
[01:41:12.200 --> 01:41:19.200]  I was doing some propane plastic welding with a little propane torch,
[01:41:19.200 --> 01:41:25.200]  and he told me I couldn't have the flame because we had a fire ban on.
[01:41:25.200 --> 01:41:27.200]  And I jerked him around a little bit, and finally I told him,
[01:41:27.200 --> 01:41:30.200]  wait a minute, this is a joke, right?
[01:41:30.200 --> 01:41:32.200]  You're just joshing me, right?
[01:41:32.200 --> 01:41:37.200]  He said, no, Mr. Compton, you can't have that flame.
[01:41:37.200 --> 01:41:38.200]  Wait a minute.
[01:41:38.200 --> 01:41:42.200]  That district judge, John Faustel, sent you down here, didn't he?
[01:41:42.200 --> 01:41:46.200]  He sent you down here to harass me just because I filed
[01:41:46.200 --> 01:41:51.200]  one crummy little criminal complaint against you with the attorney general.
[01:41:51.200 --> 01:41:56.200]  This guy turned white, took a step back, took out his cell phone,
[01:41:56.200 --> 01:42:01.200]  made a call, and he told me, just one moment, sir, made this call.
[01:42:01.200 --> 01:42:05.200]  About two minutes later, chief of police walked out of the City Hall
[01:42:05.200 --> 01:42:09.200]  and said, Randy, what are you doing to my new officer?
[01:42:09.200 --> 01:42:12.200]  Oh, Tom, I was just jerking him around.
[01:42:12.200 --> 01:42:20.200]  And this officer said, oh, God, oh, God, I saw my whole career flash before my eyes.
[01:42:20.200 --> 01:42:25.200]  These officers are terrified of those judges.
[01:42:25.200 --> 01:42:28.200]  You get any officers giving you a hard time,
[01:42:28.200 --> 01:42:31.200]  you go file criminal charges with the district judge.
[01:42:31.200 --> 01:42:35.200]  If he refuses to take them, you file against the district judge.
[01:42:35.200 --> 01:42:41.200]  Then anybody says anything, you accuse the judge of retaliation.
[01:42:41.200 --> 01:42:46.200]  Nothing like accusing the judge of something he didn't do
[01:42:46.200 --> 01:42:51.200]  because he is really going to be an unhappy camper.
[01:42:51.200 --> 01:42:53.200]  And when he gets done with this police officer,
[01:42:53.200 --> 01:42:58.200]  this police officer is not going to want anything to do with you.
[01:42:58.200 --> 01:43:02.200]  That, I can assure you, works.
[01:43:02.200 --> 01:43:06.200]  The county I live in, the sheriff told all of his deputies,
[01:43:06.200 --> 01:43:10.200]  you're not to stop me, you're not to cite me,
[01:43:10.200 --> 01:43:16.200]  and whatever you do, don't put that SOB in my jail.
[01:43:16.200 --> 01:43:22.200]  So when you go back after them, when you do it artfully, as the sovereign,
[01:43:22.200 --> 01:43:27.200]  and as the sovereign, we not only can do this, we have a duty to do this,
[01:43:27.200 --> 01:43:31.200]  you can change everything.
[01:43:31.200 --> 01:43:33.200]  I can't see the caller board, but...
[01:43:33.200 --> 01:43:35.200]  Okay, we have Sam from Georgia calling in,
[01:43:35.200 --> 01:43:40.200]  so we can go to Sam when we get back on the other side.
[01:43:40.200 --> 01:43:42.200]  All right, this is the rule of law callers.
[01:43:42.200 --> 01:43:47.200]  We are opening up the phone lines right now, 512-646-1984.
[01:43:47.200 --> 01:43:51.200]  Calling with the questions on due process or other issues.
[01:43:51.200 --> 01:43:52.200]  We'll be going until midnight.
[01:43:52.200 --> 01:44:07.200]  We've got another 2 hours, 15 minutes to call in. We'll be right back.
[01:44:07.200 --> 01:44:12.200]  Aerial spray, chemtrails, the modified atmosphere,
[01:44:12.200 --> 01:44:19.200]  heavy metals and pesticides, carcinogens and chemical fibers all falling from the sky.
[01:44:19.200 --> 01:44:22.200]  You have a choice to keep your body clean.
[01:44:22.200 --> 01:44:31.200]  Detoxify with micro plant powder from hempusa.org or call 908-691-2608.
[01:44:31.200 --> 01:44:36.200]  It's odorless and tasteless and used in any liquid or food.
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[01:44:40.200 --> 01:44:44.200]  Cleaning out heavy metals, parasites and toxins.
[01:44:44.200 --> 01:44:49.200]  Order it now for daily intake and stock it now for long-term storage.
[01:44:49.200 --> 01:45:01.200]  Visit hempusa.org or call 908-691-2608 today.
[01:45:01.200 --> 01:45:26.200]  Thank you.
[01:45:26.200 --> 01:45:45.200]  Thank you.
[01:45:45.200 --> 01:46:00.200]  Thank you.
[01:46:00.200 --> 01:46:15.200]  Thank you.
[01:46:15.200 --> 01:46:30.200]  Thank you.
[01:46:30.200 --> 01:46:45.200]  Thank you.
[01:46:45.200 --> 01:47:00.200]  Thank you.
[01:47:00.200 --> 01:47:15.200]  Thank you.
[01:47:15.200 --> 01:47:30.200]  Thank you.
[01:47:30.200 --> 01:47:45.200]  Thank you.
[01:47:45.200 --> 01:47:46.200]  That's right.
[01:47:46.200 --> 01:47:51.200]  Jaja is there for we, Jehovah our savior.
[01:47:51.200 --> 01:47:55.200]  That is what the word Jesus means, Jehovah our savior.
[01:47:55.200 --> 01:47:57.200]  He is there for us all the time.
[01:47:57.200 --> 01:48:03.200]  He is as real to me as any of you callers or any of you listeners,
[01:48:03.200 --> 01:48:05.200]  people that talk to me.
[01:48:05.200 --> 01:48:09.200]  And so he can be to you if you open your heart to him.
[01:48:09.200 --> 01:48:12.200]  We are now going to Samuel in Georgia.
[01:48:12.200 --> 01:48:14.200]  Samuel, thanks for calling in.
[01:48:14.200 --> 01:48:16.200]  What is on your mind tonight?
[01:48:16.200 --> 01:48:18.200]  Yes, I got one question on.
[01:48:18.200 --> 01:48:22.200]  I had a friend of mine that was falsely arrested.
[01:48:22.200 --> 01:48:27.200]  He was at a DUI and he challenged subject matter's jurisdiction.
[01:48:27.200 --> 01:48:30.200]  And the courts could not move against him.
[01:48:30.200 --> 01:48:35.200]  So what the judge and the solicitor did, they gave,
[01:48:35.200 --> 01:48:39.200]  this judge gave him a court date of August the 31st.
[01:48:39.200 --> 01:48:44.200]  And the solicitor had a court date for the 30th.
[01:48:44.200 --> 01:48:46.200]  So when he went for the 31st,
[01:48:46.200 --> 01:48:50.200]  they stated that he had a bench worn out for his arrest.
[01:48:50.200 --> 01:48:52.200]  He said, what do you mean?
[01:48:52.200 --> 01:48:54.200]  I have the paperwork right here that the judge gave me.
[01:48:54.200 --> 01:49:02.200]  So when he went to the solicitor's office to show him that the judge gave him the court date of the 31st,
[01:49:02.200 --> 01:49:12.200]  the solicitor told him go down to Room 303, which is a judge's court, and he was arrested.
[01:49:12.200 --> 01:49:15.200]  I took him straight to jail.
[01:49:15.200 --> 01:49:17.200]  I asked the judge, I said, Your Honor,
[01:49:17.200 --> 01:49:23.200]  I'll arrest him for a failure to appear yesterday when his court date is today.
[01:49:23.200 --> 01:49:25.200]  And we have the evidence right here.
[01:49:25.200 --> 01:49:30.200]  And she just shook her head and said he wasn't in my courtroom at 9 o'clock.
[01:49:30.200 --> 01:49:33.200]  And she walked off the bench.
[01:49:33.200 --> 01:49:36.200]  So he sat in jail for two days.
[01:49:36.200 --> 01:49:40.200]  You need to file criminal charges against the judge.
[01:49:40.200 --> 01:49:42.200]  Okay.
[01:49:42.200 --> 01:49:46.200]  I will help them do that.
[01:49:46.200 --> 01:49:49.200]  Also, I have one other thing.
[01:49:49.200 --> 01:49:54.200]  I had another friend of mine that had a speeding ticket.
[01:49:54.200 --> 01:49:56.200]  Okay.
[01:49:56.200 --> 01:50:03.200]  And the speeding ticket here in Georgia was not promulgated by the secretary website.
[01:50:03.200 --> 01:50:04.200]  He didn't have notice.
[01:50:04.200 --> 01:50:08.200]  The DNV doesn't even have it on their website.
[01:50:08.200 --> 01:50:12.200]  So when he went to court, he let the judge know this,
[01:50:12.200 --> 01:50:21.200]  and the judge still found him guilty of that also.
[01:50:21.200 --> 01:50:22.200]  Wait a minute.
[01:50:22.200 --> 01:50:23.200]  I missed part of that.
[01:50:23.200 --> 01:50:26.200]  The fact that it's not on the website doesn't mean anything.
[01:50:26.200 --> 01:50:27.200]  No.
[01:50:27.200 --> 01:50:34.200]  It wasn't promulgated down through the legislature to give him actual notice that it is,
[01:50:34.200 --> 01:50:39.200]  you know, that was, that statute was passed down by the legislature.
[01:50:39.200 --> 01:50:45.200]  Are you saying they charged him with something that wasn't required?
[01:50:45.200 --> 01:50:50.200]  Correct.
[01:50:50.200 --> 01:50:53.200]  What did they charge him with?
[01:50:53.200 --> 01:50:57.200]  Well, they actually charged him with speeding.
[01:50:57.200 --> 01:51:02.200]  Well, they said that he was on his ticket.
[01:51:02.200 --> 01:51:05.200]  The citation stated speeding.
[01:51:05.200 --> 01:51:11.200]  But what the judge did, interpreted, added another statute on there
[01:51:11.200 --> 01:51:16.200]  that he wasn't even charged with at all.
[01:51:16.200 --> 01:51:18.200]  The charge was speeding.
[01:51:18.200 --> 01:51:26.200]  They used the suspension and points statute, which had nothing to do with actually...
[01:51:26.200 --> 01:51:27.200]  Okay.
[01:51:27.200 --> 01:51:28.200]  Wait a minute.
[01:51:28.200 --> 01:51:32.200]  We're not getting all the information here.
[01:51:32.200 --> 01:51:35.200]  Okay.
[01:51:35.200 --> 01:51:38.200]  Suspension and points.
[01:51:38.200 --> 01:51:40.200]  What does that mean?
[01:51:40.200 --> 01:51:47.200]  Well, that was another, that was a statute that the judge interpreted.
[01:51:47.200 --> 01:51:48.200]  No, no.
[01:51:48.200 --> 01:51:50.200]  What does the statute mean?
[01:51:50.200 --> 01:51:53.200]  What is he talking about, suspension and points?
[01:51:53.200 --> 01:51:55.200]  What was suspended?
[01:51:55.200 --> 01:52:02.200]  The actual statute was the revocation and suspension of his driver's license
[01:52:02.200 --> 01:52:09.200]  for habitual offenders, 40-5-57.
[01:52:09.200 --> 01:52:17.200]  But he was cited for 40-6-181 for speeding.
[01:52:17.200 --> 01:52:18.200]  Okay.
[01:52:18.200 --> 01:52:21.200]  He wasn't cited for driving on a revoked driver's license?
[01:52:21.200 --> 01:52:26.200]  No, sir, he was not.
[01:52:26.200 --> 01:52:31.200]  Was he prosecuted for driving on a revoked driver's license?
[01:52:31.200 --> 01:52:32.200]  Yes, sir.
[01:52:32.200 --> 01:52:34.200]  No, that's what he's saying.
[01:52:34.200 --> 01:52:36.200]  That's what I'm trying to get sorted out.
[01:52:36.200 --> 01:52:38.200]  He's understanding him.
[01:52:38.200 --> 01:52:39.200]  Okay.
[01:52:39.200 --> 01:52:47.200]  Well, what I'm trying to say is the citation that he was cited for was speeding, 40-6-181.
[01:52:47.200 --> 01:52:48.200]  Okay.
[01:52:48.200 --> 01:52:49.200]  Now, wait, wait, wait.
[01:52:49.200 --> 01:52:51.200]  The citation is simply the document.
[01:52:51.200 --> 01:52:52.200]  Okay.
[01:52:52.200 --> 01:52:55.200]  What he was charged with was speeding.
[01:52:55.200 --> 01:52:56.200]  Exactly.
[01:52:56.200 --> 01:52:57.200]  Correct?
[01:52:57.200 --> 01:52:58.200]  On the citation.
[01:52:58.200 --> 01:52:59.200]  Exactly.
[01:52:59.200 --> 01:53:04.200]  Then when he went to court, he was not tried for the charge that was listed on the citation.
[01:53:04.200 --> 01:53:08.200]  He was charged with something else, dealing with habitual offenders.
[01:53:08.200 --> 01:53:12.200]  Yes, sir, correct.
[01:53:12.200 --> 01:53:14.200]  That's what I thought he was saying.
[01:53:14.200 --> 01:53:28.200]  Well, the problem with that is if the officer gave testimony that he observed this person driving a motor vehicle
[01:53:28.200 --> 01:53:41.200]  and the judge determined that the person's driver's license was revoked, the judge can initiate the complaint.
[01:53:41.200 --> 01:53:44.200]  But his driver's license was not revoked.
[01:53:44.200 --> 01:53:46.200]  Yeah, I don't think that was the issue either.
[01:53:46.200 --> 01:53:53.200]  She used the speeding to call him a habitual offender and cite him and imprison him under that reasoning.
[01:53:53.200 --> 01:53:56.200]  How many speeding tickets did he have?
[01:53:56.200 --> 01:53:59.200]  He did not have a speeding ticket.
[01:53:59.200 --> 01:54:00.200]  That was his first one ever.
[01:54:00.200 --> 01:54:04.200]  So how did they get to a habitual offender?
[01:54:04.200 --> 01:54:11.200]  Because that was one of the charges that the judge...
[01:54:11.200 --> 01:54:13.200]  No, no, no, wait, wait.
[01:54:13.200 --> 01:54:22.200]  What was the grounds for calling him a habitual offender and habitual offender?
[01:54:22.200 --> 01:54:32.200]  Okay, the grounds for doing that was the judge, he brought in the statute that stated that.
[01:54:32.200 --> 01:54:35.200]  And the judge could not do anything with that because...
[01:54:35.200 --> 01:54:36.200]  Wait a minute, wait a minute.
[01:54:36.200 --> 01:54:39.200]  He brought in the statute that stated that.
[01:54:39.200 --> 01:54:42.200]  Who brought in the statute?
[01:54:42.200 --> 01:54:44.200]  My buddy that went to court.
[01:54:44.200 --> 01:54:49.200]  And what did the statute state, that he was a habitual offender?
[01:54:49.200 --> 01:54:55.200]  No, sir, the statute stated, it gave a reference to his speeding ticket.
[01:54:55.200 --> 01:54:57.200]  I'm trying to find that document right now.
[01:54:57.200 --> 01:55:02.200]  And on the speeding, so I'll tell you, here it is.
[01:55:02.200 --> 01:55:13.200]  On the sector website is the moving traffic violation defined, 375-3-3-.01.
[01:55:13.200 --> 01:55:23.200]  Okay, and you go down the list to see the violations for moving violation.
[01:55:23.200 --> 01:55:25.200]  And speeding is not on here.
[01:55:25.200 --> 01:55:35.200]  But what the judge did, he stated, A, for the purpose of Georgia Anti-Aid Code 40-5-57,
[01:55:35.200 --> 01:55:41.200]  the following violations are defined as moving traffic violations in addition to the violation
[01:55:41.200 --> 01:55:46.200]  encumbered in OCGA 40-5-57.
[01:55:46.200 --> 01:55:55.200]  And with that statute of 40-5-57, it states revocation and suspension of driver's license
[01:55:55.200 --> 01:56:00.200]  and the points that will be taken off because of that.
[01:56:00.200 --> 01:56:05.200]  But he was not cited for 40-5-57.
[01:56:05.200 --> 01:56:10.200]  He was cited for 40-6-181 speeding.
[01:56:10.200 --> 01:56:17.200]  So with the judge's discretion, the judge said, well, this document means the same thing
[01:56:17.200 --> 01:56:23.200]  as the 40-6-181, which is not true.
[01:56:23.200 --> 01:56:27.200]  And did your friend appeal?
[01:56:27.200 --> 01:56:29.200]  Yes, he's doing that.
[01:56:29.200 --> 01:56:32.200]  He did a motion for reconsideration.
[01:56:32.200 --> 01:56:36.200]  Good.
[01:56:36.200 --> 01:56:43.200]  It's a little too complex to do here.
[01:56:43.200 --> 01:56:45.200]  You're running through those statutes.
[01:56:45.200 --> 01:56:47.200]  You're doing to me what I do to everybody else.
[01:56:47.200 --> 01:56:48.200]  Okay.
[01:56:48.200 --> 01:56:51.200]  I hate it when people do that to me.
[01:56:51.200 --> 01:56:56.200]  Well, I'm still trying to understand where this habitual offender thing came into play.
[01:56:56.200 --> 01:57:01.200]  Did the prosecutor initiate that charge or, I mean, how did that happen?
[01:57:01.200 --> 01:57:03.200]  The prosecutor was not even there.
[01:57:03.200 --> 01:57:08.200]  The judge was the prosecutor, the witness.
[01:57:08.200 --> 01:57:14.200]  So what grounds did the judge have for saying that this person was a habitual offender?
[01:57:14.200 --> 01:57:17.200]  Well, the judge has made that up.
[01:57:17.200 --> 01:57:18.200]  Oh, okay.
[01:57:18.200 --> 01:57:20.200]  That's what I'm saying.
[01:57:20.200 --> 01:57:29.200]  The judge charged him with speeding, but he stated that that 40-5-57,
[01:57:29.200 --> 01:57:32.200]  that's why he convicted him because of that.
[01:57:32.200 --> 01:57:37.200]  And that wasn't even his charge.
[01:57:37.200 --> 01:57:40.200]  Well, you definitely need an appeal,
[01:57:40.200 --> 01:57:49.200]  but it would seem you could go after the judge for adjudicating from the bench.
[01:57:49.200 --> 01:57:51.200]  Mm-hmm.
[01:57:51.200 --> 01:57:54.200]  Right.
[01:57:54.200 --> 01:57:55.200]  Okay.
[01:57:55.200 --> 01:57:59.200]  Legal prosecution, not to mention if the judge acted in all capacities,
[01:57:59.200 --> 01:58:01.200]  it was an illegal prosecution to begin with.
[01:58:01.200 --> 01:58:02.200]  Right.
[01:58:02.200 --> 01:58:04.200]  Okay.
[01:58:04.200 --> 01:58:06.200]  Yeah, the judge did everything that day.
[01:58:06.200 --> 01:58:09.200]  I filed a judicial conduct complaint against the judge
[01:58:09.200 --> 01:58:12.200]  and a bar grievance if he's an attorney.
[01:58:12.200 --> 01:58:15.200]  Yes, I have him to do that there.
[01:58:15.200 --> 01:58:16.200]  All right, very good.
[01:58:16.200 --> 01:58:17.200]  Okay, thanks a lot.
[01:58:17.200 --> 01:58:21.200]  All right, and you'll have more luck on the appeal also, I'm sure.
[01:58:21.200 --> 01:58:22.200]  All right.
[01:58:22.200 --> 01:58:23.200]  Okay, great.
[01:58:23.200 --> 01:58:24.200]  Thank you, Samuel.
[01:58:24.200 --> 01:58:25.200]  Okay, great.
[01:58:25.200 --> 01:58:29.200]  Okay, folks, we're at the midpoint of our show.
[01:58:29.200 --> 01:58:33.200]  We've got two more hours here on our Friday Night Info Marathon.
[01:58:33.200 --> 01:58:36.200]  We've got Robert from Texas, Gary from Georgia coming up next.
[01:58:36.200 --> 01:58:39.200]  Folks, if you'd like to call in and ask us some questions,
[01:58:39.200 --> 01:58:45.200]  512-646-1984 is the call-in number.
[01:58:45.200 --> 01:58:49.200]  You can listen at 512-485-9010,
[01:58:49.200 --> 01:58:54.200]  but please listen at ruleoflawradio.com so we can get our stream numbers up.
[01:58:54.200 --> 01:58:59.200]  We'll be right back after the INN World Report News.
[01:58:59.200 --> 01:59:02.200]  It is so enlightening to listen to 90.1 FM,
[01:59:02.200 --> 01:59:05.200]  but finding things on the Internet isn't so easy,
[01:59:05.200 --> 01:59:08.200]  and neither is finding like-minded people to share it with.
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[01:59:25.200 --> 01:59:27.200]  Go check it out for yourself.
[01:59:27.200 --> 01:59:31.200]  It's downtown at 1904 Guadalupe Street just south of UT.
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[01:59:35.200 --> 01:59:37.200]  Actually, they now offer a free hour of parking
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