ROL_2010-12-16_16k.timecode

[00:00.000 --> 00:04.320]  This news brief brought to you by the International Newsnet.
[00:04.320 --> 00:10.000]  Manhattan salaries surged 12% this year as Wall Street recovered from the financial crisis,
[00:10.000 --> 00:15.040]  but a new report by the Community Service Society found young black males continued
[00:15.040 --> 00:17.680]  to bear the burden of the economic crisis.
[00:17.680 --> 00:23.320]  75% of black men between 16 and 24 in New York City are unemployed.
[00:23.320 --> 00:29.800]  CSS says the discriminatory trend in employment feeds a prison pipeline.
[00:29.800 --> 00:33.600]  Los Angeles County public school officials Wednesday endorsed a plan
[00:33.600 --> 00:38.720]  to solicit corporate sponsorship to help increase their budgets and retain staff.
[00:38.720 --> 00:43.160]  The school board decided to allow corporate brand identity in the facilities
[00:43.160 --> 00:45.720]  of the Los Angeles Unified School District.
[00:45.720 --> 00:49.600]  Critics say the decision is indicative of America's social decline.
[00:49.600 --> 00:55.720]  Italian Prime Minister Silvio Berlusconi survived two no confidence votes
[00:55.720 --> 00:57.440]  in Parliament Wednesday.
[00:57.440 --> 01:02.160]  The billionaire has been dogged by repeated sex scandals and fraud allegations.
[01:02.160 --> 01:05.240]  The survival of Berlusconi's right wing government was greeted
[01:05.240 --> 01:07.920]  by widespread street protests in Rome.
[01:07.920 --> 01:12.200]  Trade unionists, revolutionary socialists, students and people left homeless
[01:12.200 --> 01:15.400]  by last year's earthquake were among the demonstrators.
[01:15.400 --> 01:19.080]  Inside Parliament, brawling politicians had to be separated
[01:19.080 --> 01:22.760]  after one deputy switched her vote.
[01:22.760 --> 01:27.000]  Bradley Manning, the U.S. Army private accused of leaking classified documents
[01:27.000 --> 01:31.320]  to WikiLeaks, has been detained at a U.S. Marine brig for five months
[01:31.320 --> 01:35.920]  under conditions that constitute torture by the standards of many nations.
[01:35.920 --> 01:40.040]  Constitutional lawyer and journalist Glenn Greenwald said Wednesday,
[01:40.040 --> 01:43.640]  Manning is being held in intensive solitary confinement.
[01:43.640 --> 01:47.000]  He's barred from exercising, is under constant surveillance,
[01:47.000 --> 01:50.680]  cannot access news from the outside world and is denied a pillow
[01:50.680 --> 01:52.280]  and sheets for his bed.
[01:52.280 --> 01:56.440]  Greenwald writes, quote, Manning has been subjected for many months
[01:56.440 --> 02:00.120]  to inhumane, insanity-inducing conditions of isolation
[02:00.120 --> 02:02.600]  without having been convicted of anything.
[02:02.600 --> 02:05.880]  An article in the Journal of the American Academy of Psychiatry
[02:05.880 --> 02:09.360]  and Law explains prolonged solitary confinement, quote,
[02:09.360 --> 02:14.120]  can be as clinically distressing as physical torture.
[02:14.120 --> 02:17.600]  The latest WikiLeaks cables show striking resemblances
[02:17.600 --> 02:22.120]  between the BP oil disaster and a little reported giant gas leak
[02:22.120 --> 02:24.960]  in Azerbaijan 18 months earlier.
[02:24.960 --> 02:30.120]  In January 2009, BP thought, quote, a bad cement job was to blame
[02:30.120 --> 02:32.840]  for the gas leak in Azerbaijan.
[02:32.840 --> 02:36.400]  More recently, BP's former chief executive, Tony Haywood,
[02:36.400 --> 02:40.520]  also blamed a bad cement job by contractor Halliburton
[02:40.520 --> 02:44.240]  for the deep water horizon disaster in the Gulf of Mexico.
[02:44.240 --> 02:48.000]  BP's partners in the Azerbaijan gas field were upset
[02:48.000 --> 02:50.880]  because BP was secretive about the incident
[02:50.880 --> 02:52.960]  and withheld information from them.
[02:52.960 --> 02:55.680]  The cables say BP was lucky it was able
[02:55.680 --> 02:58.720]  to evacuate its 212 workers safely.
[02:58.720 --> 03:23.080]  You are listening to the Rule of Law Radio Network
[03:23.080 --> 03:50.760]  and the American Academy of Psychiatry.
[03:50.760 --> 03:57.560]  We hope you enjoyed this video.
[03:57.560 --> 04:00.560]  What you gonna do when they come for you?
[04:00.560 --> 04:03.560]  When you were eight and you had bad traits
[04:03.560 --> 04:05.560]  You'd go to school and learn the golden rule
[04:05.560 --> 04:08.560]  So why are you acting like a bloody fool?
[04:08.560 --> 04:11.560]  If you get hot in your mouth, that's cool
[04:11.560 --> 04:14.560]  Bad boys, bad boys, what you gonna do?
[04:14.560 --> 04:16.560]  What you gonna do when they come for you?
[04:16.560 --> 04:19.560]  Bad boys, bad boys, what you gonna do?
[04:19.560 --> 04:22.560]  What you gonna do when they come for you?
[04:22.560 --> 04:25.560]  You chuck it on that one, you chuck it on this one
[04:25.560 --> 04:28.560]  You chuck it on your mother and you chuck it on your father
[04:28.560 --> 04:31.560]  You chuck it on your brother and you chuck it on your sister
[04:31.560 --> 04:33.560]  You chuck it on that one and you chuck it on me
[04:33.560 --> 04:36.560]  Bad boys, bad boys, what you gonna do?
[04:36.560 --> 04:42.360]  All right, tonight is December 16th, 2010.
[04:42.360 --> 04:47.920]  This is the rule of law, Randy Kelton, Eddie Craig, and Deborah Stevens.
[04:47.920 --> 04:55.000]  We'll be taking your calls tonight, 512-646-1984.
[04:56.340 --> 05:02.680]  And Eddie, you wanted to discuss some interesting things that happened at the court today.
[05:02.680 --> 05:08.000]  Why don't you tell us about it so we can get Randy's and my feedback on this?
[05:08.000 --> 05:11.480]  Yes, we went down to municipal court today.
[05:11.480 --> 05:18.640]  The young lady that I've been helping get her paperwork together that was falsely accused
[05:18.640 --> 05:25.000]  of a traffic accident by a police officer who conducted an incompetent investigation
[05:25.000 --> 05:32.320]  and wound up citing her a ticket that was falsified in its facts and its assessment
[05:32.320 --> 05:34.920]  of the situation along with the police report.
[05:34.920 --> 05:36.640]  We went down today.
[05:36.640 --> 05:40.600]  This young lady was summoned to appear in court by telephone.
[05:40.600 --> 05:45.320]  She was not sent anything in writing telling her what the hearing
[05:45.320 --> 05:49.960]  that she was attending today was about, when it had been scheduled,
[05:49.960 --> 05:54.360]  who scheduled it, absolutely nothing.
[05:54.360 --> 05:59.880]  So the only, and she had called the court several times asking and she had gone
[05:59.880 --> 06:05.200]  down there asking and they had told her, and she actually found this out on Friday,
[06:05.200 --> 06:09.840]  by the way, and she went down there yesterday and spoke with them and they told her
[06:09.840 --> 06:13.920]  that the only thing they could see was that someone had filed a motion
[06:13.920 --> 06:17.640]  in her case for discovery, so maybe that's what it was about.
[06:17.640 --> 06:21.480]  Well, this young lady has not filed a motion for discovery.
[06:21.480 --> 06:26.760]  The only thing she has filed, and she had to file it twice before somebody would rule
[06:26.760 --> 06:32.720]  on it, was a motion for a continuance so that she could file a motion
[06:32.720 --> 06:36.040]  and conduct her discovery.
[06:36.040 --> 06:40.680]  Well, it turns out that the judge ambushed her in this hearing.
[06:40.680 --> 06:46.160]  This was a motions hearing on the motion that she originally filed.
[06:46.160 --> 06:53.960]  No one informed her of this and this motion is our initial traffic motion number one.
[06:53.960 --> 06:58.160]  The judge is sitting here telling her that this motion is not a motion.
[06:58.160 --> 06:59.800]  I'm not even going to address this.
[06:59.800 --> 07:04.520]  There's no law in this whatsoever that has any bearing or effect on this court.
[07:04.520 --> 07:08.160]  There's nothing in here that's controlling on this court, so on and so forth.
[07:08.160 --> 07:13.080]  She did everything she could to intimidate this young lady and browbeat her
[07:13.080 --> 07:18.640]  into just going, oh, okay, then I'll withdraw it, which she didn't do.
[07:18.640 --> 07:23.040]  Much to her credit, she stood her ground and she even brought up the issue that,
[07:23.040 --> 07:27.840]  well, if this motion is not a motion, how has a trial been scheduled even
[07:27.840 --> 07:29.680]  after it's been filed?
[07:29.680 --> 07:34.760]  Because obviously the presiding judge thinks it's a valid motion.
[07:34.760 --> 07:38.280]  They decided to go ahead and schedule a trial even though it was already filed
[07:38.280 --> 07:42.880]  and completely avoided having a hearing on it.
[07:42.880 --> 07:46.680]  So basically, the judge today attempted to conduct a railroad job,
[07:46.680 --> 07:50.840]  which to her credit, Marnie did not allow her to do.
[07:50.840 --> 07:54.680]  So the next thing we're going to be working on here is we're going to be
[07:54.680 --> 07:59.440]  filing a judicial conduct complaint, multiple ones in fact against the judge,
[07:59.440 --> 08:05.480]  once for her treatment of a defendant, one for her inability to apply the law,
[08:05.480 --> 08:11.280]  one for her ability to understand the law, and one for general principle of
[08:11.280 --> 08:15.880]  the fact that she obviously didn't bother to read the motion and its contents.
[08:15.880 --> 08:19.160]  You also need one for abusive process.
[08:19.160 --> 08:22.840]  Yes, we're going to do that too.
[08:22.840 --> 08:27.560]  And then the problem we've got though, Randy, is there was no process.
[08:27.560 --> 08:29.880]  That's the whole thing.
[08:29.880 --> 08:36.720]  She was summoned by telephone, which as we all know is not allowed.
[08:36.720 --> 08:41.440]  But in any case, we're also going to be finding out whether or not this judge is
[08:41.440 --> 08:43.440]  also a bar card carrying attorney.
[08:43.440 --> 08:47.360]  And then we're going to file a bar grievance for every judicial conduct
[08:47.360 --> 08:49.840]  complaint we had to file.
[08:49.840 --> 08:52.520]  Well, what exactly was this motion about?
[08:52.520 --> 08:54.160]  It wasn't a motion for discovery.
[08:54.160 --> 08:57.600]  This is the initial traffic motion, motion to dismiss for lack of jurisdiction.
[08:57.600 --> 09:02.680]  And it goes into complete description of why the court lacks it, what the court's
[09:02.680 --> 09:07.440]  done wrong to this point, what the officer's done wrong to this point.
[09:07.440 --> 09:12.400]  And the judge just decided that, well, none of this law applies.
[09:12.400 --> 09:20.240]  She completely ignores Chapter 45, Section 45.002, which the last sentence
[09:20.240 --> 09:25.760]  in that section specifically states that if there is any process or procedure
[09:25.760 --> 09:32.200]  that this chapter does not deal with in relation to the prosecution of a case,
[09:32.200 --> 09:37.920]  then the judge shall apply the other provisions of this code to do so.
[09:37.920 --> 09:43.600]  Well, there is nothing in Chapter 45 dealing with a warrant or a capious
[09:43.600 --> 09:45.920]  or a summons.
[09:45.920 --> 09:51.840]  There is for a warrant of arrest, but there has been no arraignment and there
[09:51.840 --> 09:54.640]  has been no probable cause determination.
[09:54.640 --> 09:59.000]  So they can't issue one of those.
[09:59.000 --> 10:03.680]  Up until today, there wasn't even a valid complaint in the file.
[10:03.680 --> 10:10.080]  And then I haven't got to see the complaint to verify whether it's valid or not.
[10:10.080 --> 10:16.200]  But regardless of that issue, they still don't have an information in the file,
[10:16.200 --> 10:18.720]  which means they have no jurisdiction.
[10:18.720 --> 10:23.040]  And the prosecuting attorney is still a city attorney who cannot prosecute in the
[10:23.040 --> 10:27.600]  name of the state and who can't even sign an information.
[10:27.600 --> 10:32.440]  All of this deprives them of jurisdiction.
[10:32.440 --> 10:36.200]  But this particular motion deals with the fact that they were never properly
[10:36.200 --> 10:41.560]  served as summons to appear in court to begin with and that the arrest conducted
[10:41.560 --> 10:46.880]  at the scene was unlawful from the beginning.
[10:46.880 --> 10:52.160]  And this judge just blows it all off at saying that this is not even a motion.
[10:52.160 --> 10:55.720]  Nothing in here applies to this court and so on and so forth.
[10:55.720 --> 11:00.800]  Well, we're going to be filing the findings of facts and conclusions of law,
[11:00.800 --> 11:03.320]  and it is not going to be kind.
[11:03.320 --> 11:07.360]  It is going to take the individual initial motion, it is going to dissect it
[11:07.360 --> 11:12.280]  section by section, and it's going to demand a bylaw response from the
[11:12.280 --> 11:21.960]  magistrate on how this law does not apply to the court in which she sits.
[11:21.960 --> 11:25.160]  But at the moment, that's going to be the plan of attack.
[11:25.160 --> 11:30.120]  And I think we're just going to go ahead and file the second constructive notice
[11:30.120 --> 11:39.680]  and file suit against the city while this is going on.
[11:39.680 --> 11:40.800]  So what do you think, Randy?
[11:40.800 --> 11:46.920]  Well, that sort of brings me to the subject that I wanted to address today.
[11:46.920 --> 11:53.320]  I did a conference call yesterday and we talked about the power of the grand juries.
[11:53.320 --> 11:58.040]  I would suggest that while you're doing these other things, you prepare a set of
[11:58.040 --> 12:02.920]  criminal charges against the judge for official oppression and take your story
[12:02.920 --> 12:09.000]  to a grand jury and see what they think of these shenanigans.
[12:09.000 --> 12:15.480]  More people we get hammering the grand jury, the more effect we're going to get.
[12:15.480 --> 12:16.920]  I would agree with that.
[12:16.920 --> 12:24.760]  I've been talking to people on foreclosure issues that one thing we go in
[12:24.760 --> 12:32.280]  pro se and that gives us abilities that attorneys don't have.
[12:32.280 --> 12:36.600]  We can file the judicial conduct complaints and the bar grievances and not
[12:36.600 --> 12:43.320]  only can the court do nothing about it, the court can't even mention it.
[12:43.320 --> 12:50.200]  One word about one of those grievances or complaints and that would be considered
[12:50.200 --> 12:53.640]  obstruction of justice and tampering with witness.
[12:53.640 --> 13:00.040]  So when you file against them, they just kind of got to sit there and take it.
[13:00.040 --> 13:06.120]  If we use that, that we can do as the pro se from hell and hammer them with that
[13:06.120 --> 13:09.480]  and then we go down and file with the grand jury.
[13:09.480 --> 13:13.640]  The best part of that is you never say a word about it to the person you're
[13:13.640 --> 13:15.560]  filing against.
[13:15.560 --> 13:19.560]  That would be absolutely inappropriate.
[13:19.560 --> 13:26.120]  It would be just as inappropriate for them to say a word about it to you.
[13:26.120 --> 13:32.200]  So you get to go down and try to end their career and they can't negotiate
[13:32.200 --> 13:38.760]  with you, they can't give you their side, they can't do anything.
[13:38.760 --> 13:40.200]  One word.
[13:40.200 --> 13:44.280]  They get another set of complaints that's more serious than the first.
[13:44.280 --> 13:49.880]  So I'm seriously trying to get people to start looking at the grand jury as a
[13:49.880 --> 13:57.080]  viable option to the behaviors of these judges and prosecutors.
[13:57.080 --> 14:03.640]  We can take them on and it's easier than you think.
[14:03.640 --> 14:11.080]  Besides, it's fun when you start going down and calling these public officials,
[14:11.080 --> 14:14.680]  especially the higher level officials, we're talking about chumped
[14:14.680 --> 14:17.000]  municipal judges here.
[14:17.000 --> 14:19.800]  When you go down and file with the district attorney and the district
[14:19.800 --> 14:23.640]  attorney refuses to give the complaint to the grand jury, now you go after the
[14:23.640 --> 14:25.800]  district attorney.
[14:25.800 --> 14:31.080]  And I suggest you send a set of complaints to a district judge.
[14:31.080 --> 14:34.360]  You might try Judge Dietz because I'm going to be down filing criminal charges
[14:34.360 --> 14:40.440]  against him and then start filing with the grand jury on him.
[14:40.440 --> 14:45.800]  These judges start getting people, trying to get them arrested for protecting
[14:45.800 --> 14:51.000]  these chumped municipal judges, they are not going to be happy campers.
[14:51.000 --> 14:55.400]  And when they start getting judicial conduct complaints against them for not
[14:55.400 --> 14:59.960]  performing their duty as a magistrate, they're not going to be happy.
[14:59.960 --> 15:06.120]  We'll get them to start putting pressure back on the municipalities.
[15:06.120 --> 15:08.600]  And then again, there's the lawsuits.
[15:08.600 --> 15:12.840]  I'm looking at early in the year to start putting my suits together.
[15:12.840 --> 15:18.120]  And when I get them put together, I'll make them available on line so people
[15:18.120 --> 15:21.480]  could look at them and craft their own.
[15:21.480 --> 15:25.160]  We start suing them every way from Sunday.
[15:25.160 --> 15:27.160]  We'll start getting their attention.
[15:27.160 --> 15:28.680]  You get a ticket.
[15:28.680 --> 15:33.640]  If you go fight, it's going to wind up costing you about $300, $350 time you pay
[15:33.640 --> 15:35.720]  the fine and court cost.
[15:35.720 --> 15:40.520]  Not even to mention all the time you have to spend down there messing with them.
[15:40.520 --> 15:44.600]  They only cost about 120 bucks to file a suit in the district.
[15:44.600 --> 15:47.240]  And I think it's 200 and something in the district court and only 100 something
[15:47.240 --> 15:49.800]  in the county court.
[15:49.800 --> 15:52.200]  And in this case, since it's public officials, you would sue them in the
[15:52.200 --> 15:55.080]  district court, a couple hundred bucks.
[15:55.080 --> 16:01.320]  You can put them in a district court, really get their attention.
[16:01.320 --> 16:03.960]  Maybe we'll get this stuff stopped.
[16:03.960 --> 16:07.720]  We're certainly not going to get it stopped the way we've been doing it
[16:07.720 --> 16:11.160]  because they're just ignoring us and doing whatever they want to.
[16:11.160 --> 16:15.480]  And they are absolutely outrageous.
[16:15.480 --> 16:20.280]  I suspect we start telling these stories to local grand jurors.
[16:20.280 --> 16:23.880]  We'll get a change in attitude.
[16:23.880 --> 16:25.400]  What do you think, Eddie?
[16:25.400 --> 16:27.720]  Well, I think that's possibly true.
[16:27.720 --> 16:33.400]  Now, here's the situation, though, as we know, with the case law, which we'll
[16:33.400 --> 16:36.840]  cover on the other side of the break, it seems.
[16:36.840 --> 16:37.480]  All right, folks.
[16:37.480 --> 16:42.040]  This is Rule of Law Radio, Randy Kelton, Deborah Stevens, Eddie Craig.
[16:42.040 --> 16:43.960]  We're about to go to break.
[16:43.960 --> 16:48.680]  We're very shortly going to be taking phone calls, 512-646-1984.
[16:48.680 --> 16:51.160]  Please give us a call and get stacked on the board.
[16:51.160 --> 17:01.800]  And we'll be back after the break.
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[18:59.880 --> 19:23.240]  All right, folks, we are back.
[19:23.240 --> 19:28.440]  Rule of Law Radio, this is Eddie Craig, Andy Kelton, Deborah Stevens.
[19:28.440 --> 19:31.880]  Okay, when we went to break, we were talking about how the case law
[19:31.880 --> 19:36.120]  has set this problem up for us to have to contend with regarding these judges.
[19:36.920 --> 19:43.000]  The case law has set it up where a judge cannot be held liable in any way,
[19:43.000 --> 19:47.080]  shape, or form for this judicially created form of immunity
[19:47.880 --> 19:54.600]  if the actions they perform are discretionary or judicial in nature,
[19:54.600 --> 20:01.400]  even if they are malicious. And I've even seen a couple of case laws
[20:02.120 --> 20:05.240]  where it says that even if it's in violation of law.
[20:06.280 --> 20:09.240]  Now, get that. These judges say that as long as they're
[20:09.240 --> 20:12.040]  can claim they're acting in a judicial capacity,
[20:12.040 --> 20:14.760]  they're completely immune even if they violate law.
[20:16.120 --> 20:23.320]  Well, the problem here is what constitutes a judicial action versus a ministerial action.
[20:23.320 --> 20:31.880]  And Randy, I found one of my cases where the federal courts made it very clear
[20:32.600 --> 20:38.760]  that a municipality, when it hires a judge to sit in a municipal court,
[20:39.560 --> 20:47.800]  that municipal court is an administrative judge in an administrative capacity.
[20:47.800 --> 20:53.080]  And if that magistrate is enforcing statutory law,
[20:54.360 --> 20:57.880]  then they cannot be acting in a judicial capacity.
[20:59.880 --> 21:00.920]  What's that case?
[21:01.800 --> 21:03.800]  I'm looking for it right now.
[21:06.280 --> 21:10.280]  Let's see. Well, while I'm looking it up here in the document,
[21:10.280 --> 21:13.400]  you go ahead and give me whatever commentary you've got on some of this.
[21:13.400 --> 21:23.800]  Okay. Well, the courts have done everything they can to make themselves absolutely immune from law.
[21:25.320 --> 21:27.720]  And that's, you know, I keep harping on grand juries,
[21:27.720 --> 21:30.200]  but that's the one place they have no immunity.
[21:31.720 --> 21:37.080]  That's the one place where they're dealing, not with their buddies,
[21:38.040 --> 21:40.520]  with other judges and prosecutors,
[21:40.520 --> 21:43.560]  but they're dealing with individuals like you and me.
[21:44.600 --> 21:50.840]  And even though they try to convince these grand jurors that they don't know squat,
[21:51.400 --> 21:54.920]  and the grand jurors should do anything the prosecutor tells them to do,
[21:55.640 --> 22:00.840]  the problem is, is you simply never know what a grand jury is going to do.
[22:01.800 --> 22:04.280]  That's what my prosecutor and attorney told me once.
[22:04.280 --> 22:07.880]  Those darn grand jurors, you never know what they're going to do.
[22:07.880 --> 22:11.240]  And that was the best commentary I could have heard about them.
[22:12.440 --> 22:16.840]  They're ordinary people like you and me, and you simply never know what they're going to do.
[22:17.720 --> 22:23.160]  So when we start going to grand juries filing criminal complaints against these judges,
[22:24.760 --> 22:28.360]  it's a crap shoot. It's always a crap shoot.
[22:29.480 --> 22:31.240]  This is a very familiar case, Randy.
[22:31.240 --> 22:35.160]  This is Thompson versus Smith, 154 Southeast 583.
[22:35.160 --> 22:38.840]  154 Southeast 583. And the site is this.
[22:39.640 --> 22:44.440]  When acting to enforce a statute and its subsequent amendments to the present date,
[22:44.440 --> 22:48.520]  the judge of the municipal court is acting as an administrative officer
[22:48.520 --> 22:51.000]  and not in a judicial capacity.
[22:51.000 --> 22:57.880]  Courts in administering or enforcing statutes do not act judicially, but merely ministerially.
[23:00.120 --> 23:03.640]  Okay. 154 Southeast?
[23:03.640 --> 23:07.240]  Southeast 583. Now here's another one.
[23:07.240 --> 23:11.320]  ACES versus US, 568 Federal 2nd, 284.
[23:12.200 --> 23:18.600]  A judge ceases to sit as a judicial officer because the governing principle of administrative law
[23:18.600 --> 23:23.640]  provides that courts are prohibited from substituting their evidence,
[23:23.640 --> 23:28.520]  testimony, record, arguments, and rationale for that of the agency.
[23:28.520 --> 23:34.520]  Additionally, courts are prohibited from substituting their judgment for that of the agency.
[23:34.920 --> 23:40.680]  Courts and administrative issues are prohibited from even listening to or hearing arguments,
[23:40.680 --> 23:42.600]  presentation, or rationale.
[23:43.960 --> 23:49.800]  Then you have Burns versus Supreme Court, SF 140 in California.
[23:49.800 --> 23:55.960]  Ministerial officers are incompetent to receive grants of judicial power from the legislature.
[23:55.960 --> 24:01.240]  Their acts in attempting to exercise such powers are necessarily nullities.
[24:02.120 --> 24:09.960]  Then we have Board of Trade versus Olson, 262 US 1, 29 ALR 2D 105.
[24:10.760 --> 24:16.280]  The elementary doctrine that the constitutionality of a legislative act is open to attack
[24:16.280 --> 24:24.760]  only by persons whose rights are affected thereby applies to a statute relating to administrative agencies.
[24:24.760 --> 24:30.760]  The validity of which may not be called into question in the absence of showing a substantial harm,
[24:31.480 --> 24:37.720]  actual or impending, to a legally protected interest directly resulting from the enforcement
[24:37.720 --> 24:38.680]  of the statute.
[24:39.240 --> 24:44.280]  In other words, we have standing and the right to defend our rights
[24:44.280 --> 24:48.120]  when a statute is impinging upon those rights.
[24:48.120 --> 24:58.120]  Okay, how do you establish that this judge in this instance in this state is sitting in an
[25:01.240 --> 25:14.360]  administrative capacity rather than as a judge enforcing criminal law?
[25:14.360 --> 25:15.560]  That's what he's going to claim.
[25:15.560 --> 25:18.760]  He's going to say these are criminal laws and I'm enforcing criminal laws.
[25:19.720 --> 25:20.440]  That's correct.
[25:20.440 --> 25:21.960]  That's what they're going to say.
[25:21.960 --> 25:28.760]  However, the statutes themselves show very clearly that the process they're using,
[25:28.760 --> 25:31.800]  even though it's created in the code of criminal procedure,
[25:32.440 --> 25:36.120]  they're charging you under an administrative statute
[25:36.120 --> 25:39.960]  that is regulated by an administrative state agency.
[25:40.840 --> 25:42.840]  There's no argument about that.
[25:42.840 --> 25:49.640]  The Department of Public Safety in this particular instance is the agency that has control over that
[25:49.640 --> 25:55.320]  specific section of the transportation code where this offense allegedly is being charged from,
[25:56.440 --> 26:02.200]  which is chapter 545, or subtitle C, of the transportation code.
[26:02.840 --> 26:05.640]  This is considered a moving violation under that code.
[26:05.640 --> 26:11.560]  And so, it falls squarely within the realm and authority of the Department of Public Safety.
[26:12.200 --> 26:18.920]  The fact that they're using municipal police departments to do things they're incompetent to do
[26:18.920 --> 26:25.000]  does not in any way, shape, or form remove the original jurisdiction of that subject matter
[26:25.000 --> 26:29.080]  from the Department of Public Safety to the municipal police department.
[26:29.080 --> 26:35.080]  Okay. So, there is a requirement in there for the administrative hearing?
[26:35.880 --> 26:40.520]  That's the Administrative Procedures Act, Chapter 2001, Government Code.
[26:43.080 --> 26:44.520]  So, that would bring...
[26:44.520 --> 26:49.560]  Texas Administrative Code says very clearly that everything the Department of Public Safety does
[26:49.560 --> 26:52.200]  is subject to the Administrative Procedures Act.
[26:52.200 --> 26:57.720]  So, how do we transfer that directly to municipal police officers?
[26:57.720 --> 26:59.720]  They're going to say that it doesn't apply.
[26:59.720 --> 27:05.080]  Rule 4.13, how does a police officer become certified to enforce traffic?
[27:07.480 --> 27:09.720]  It has to be authorized by the...
[27:09.720 --> 27:11.720]  Department of Public Safety.
[27:11.720 --> 27:18.760]  So, he enforces the traffic code under the authority of the Department of Public Safety.
[27:18.760 --> 27:23.880]  So, he enforces the traffic code under the authority of the Department of Public Safety.
[27:23.880 --> 27:25.000]  That is correct.
[27:25.000 --> 27:30.200]  They are the administrative agency for that code, in that section of code anyway.
[27:31.160 --> 27:34.120]  There's dual jurisdiction in the Transportation Code.
[27:34.120 --> 27:37.320]  The Department of Public Safety, the Department of Transportation.
[27:38.600 --> 27:41.640]  One has everything to do with construction and maintenance.
[27:41.640 --> 27:49.000]  The other one has everything to do with enforcement and service.
[27:49.000 --> 27:51.720]  I really need this in a brief.
[27:52.760 --> 27:55.960]  I'm looking forward to arguing this in front of this municipal court.
[27:58.920 --> 28:04.040]  Well, to Marnie's credit, she did a really excellent job today of not letting this judge
[28:04.040 --> 28:04.760]  run over her.
[28:05.480 --> 28:06.840]  She stood her ground.
[28:06.840 --> 28:08.360]  She asked the right questions.
[28:08.360 --> 28:14.520]  But the judge was going to browbeat her into submission if she could, and Marnie did not
[28:14.520 --> 28:15.560]  let her do that.
[28:16.680 --> 28:22.760]  So, we're going back after this judge now, because they bushwhacked her and ambushed
[28:22.760 --> 28:30.120]  her in this hearing to begin with by not giving her proper summons in process, nor informing
[28:30.120 --> 28:32.520]  her of any scheduled hearing dealing with this motion.
[28:32.520 --> 28:38.200]  The motion was filed, but no one scheduled a hearing, and now the judge sitting on the
[28:38.200 --> 28:43.160]  bench says, well, what you've done when you filed this, this starts an immediate chain
[28:43.160 --> 28:43.720]  reaction.
[28:43.720 --> 28:44.440]  Really?
[28:44.440 --> 28:49.560]  You would be the first judge in the history of this city that calls this a chain reaction.
[28:50.440 --> 28:53.160]  Most of them just ignore it and set a trial.
[28:53.160 --> 28:57.800]  So, you're saying that all the other judges are doing it wrong, and you're the only one
[28:57.800 --> 28:58.680]  doing it right.
[28:58.680 --> 29:03.480]  You're going to hold a hearing, but you're not going to notify the other side in the
[29:03.480 --> 29:05.480]  proper manner in accordance with law.
[29:07.000 --> 29:09.400]  Is that the argument we're getting here?
[29:11.560 --> 29:17.320]  But she really did try to ambush Marnie in regards to this.
[29:17.320 --> 29:25.080]  So, the due process procedure in the Municipal Court of Austin, as you've heard, is a very
[29:25.080 --> 29:30.680]  rare procedure in the Municipal Court of Austin, as you folks out there are well, well aware,
[29:30.680 --> 29:31.800]  is right out the window.
[29:32.680 --> 29:34.600]  So, we have to make them pay for that.
[29:37.480 --> 29:39.720]  Okay, we have a bunch of callers.
[29:39.720 --> 29:43.160]  When we come back from a break, how about we start taking some calls?
[29:43.160 --> 29:43.720]  Works for me.
[29:44.600 --> 29:49.640]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig, Wheel of Law Radio.
[29:51.880 --> 29:54.680]  Call in, get your name out, get your spot in the queue.
[29:54.680 --> 29:55.880]  We'll be taking questions.
[29:55.880 --> 30:25.800]  We'll be right back.
[30:26.600 --> 30:29.080]  To be one love kitchen, Austin, Texas.
[30:30.280 --> 30:35.160]  Alzheimer's disease and dementia are on the rise in our aging population, and researchers
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[31:30.360 --> 31:31.160]  age.
[31:31.160 --> 31:35.320]  Beet juice is high in nitrates that the body turns into nitrites.
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[31:53.400 --> 32:20.760]  For more news and information at CatherineAlbrecht.com.
[32:23.640 --> 32:24.840]  Okay, folks, we are back.
[32:24.840 --> 32:26.120]  We are taking your calls.
[32:27.560 --> 32:30.440]  We have Jim from Washington.
[32:31.960 --> 32:33.720]  Work situation, bar grievances.
[32:33.720 --> 32:35.480]  Jim, thanks for calling in.
[32:35.480 --> 32:37.560]  Tell us what is on your mind tonight.
[32:37.560 --> 32:39.000]  What's the problem, what's going on?
[32:41.240 --> 32:47.320]  I'm, I've got a situation at work and I have possible bar grievances against a couple
[32:47.320 --> 32:47.800]  attorneys.
[32:47.800 --> 32:51.400]  I wanted to run it by you and see what you thought and what I might possibly be able
[32:51.400 --> 32:54.120]  to do.
[32:54.120 --> 33:04.120]  I worked for a company for 13 years and I worked out in Indiana and in 2005 I transferred
[33:04.120 --> 33:11.320]  to the Seattle area and I continued to work for the company for another four years and
[33:11.320 --> 33:15.480]  the company lost the contract and a new company came in and took over and we were in a union.
[33:16.520 --> 33:20.280]  And everyone was allowed to keep their vacation except for me and one other gentleman who
[33:20.280 --> 33:26.280]  transferred in, they took our vacation away from our previous work area which was with
[33:26.280 --> 33:27.000]  the same company.
[33:29.000 --> 33:37.880]  The union has told us that there is no validity to our grievance and that's due to our union
[33:37.880 --> 33:38.840]  shop steward.
[33:38.840 --> 33:40.440]  He has a problem with it.
[33:40.440 --> 33:47.000]  I fought him five years ago on this and I won and they continued paying me my vacation
[33:47.000 --> 33:48.280]  up until the new company came in.
[33:48.280 --> 33:53.560]  And my question is, can I bar grieve against the union attorney?
[33:57.560 --> 34:00.520]  Well, you can bar grieve them any time you want to for anything.
[34:01.400 --> 34:07.080]  Yeah, you can technically bar grieve them for breathing the air but you haven't given,
[34:08.680 --> 34:13.640]  while we suggest that you can bar grieve them for anything, it's not always appropriate just
[34:13.640 --> 34:15.560]  to bar grieve them just for bar grieving.
[34:15.560 --> 34:20.440]  What did the attorneys do that you feel was improper or inappropriate?
[34:20.440 --> 34:25.480]  Well, they defrauded me out of my vacation and they conspired with the union steward
[34:25.480 --> 34:29.320]  and the secretary treasurer and the business agent to, you know, take it away from me.
[34:29.880 --> 34:32.760]  My understanding of the situation is that the company told them they'd do whatever they
[34:32.760 --> 34:34.200]  wanted, the union wanted them to do.
[34:35.000 --> 34:40.520]  And the union decided that I was not entitled to my vacation because the shop steward didn't
[34:40.520 --> 34:42.440]  like the fact that I didn't earn it right there in that yard.
[34:42.440 --> 34:49.400]  Is, what does the union, the bylaws or the union rules call for?
[34:50.520 --> 34:51.160]  As far as...
[34:52.920 --> 34:53.480]  This issue?
[34:54.680 --> 35:00.920]  Well, they really don't address it but it's been, it had been, oh man, what did I call
[35:00.920 --> 35:04.600]  that, it had already been settled six years ago and they continued letting the company
[35:04.600 --> 35:08.360]  pay me my vacation because the union steward fought this when I first got there.
[35:09.160 --> 35:09.400]  Okay.
[35:10.120 --> 35:11.880]  Past precedence, that's what they called it.
[35:11.880 --> 35:13.960]  Past precedence is insufficient.
[35:15.960 --> 35:22.440]  If they were paying you vacation pay and they didn't have to pay you vacation pay,
[35:23.320 --> 35:26.920]  it does not necessarily create a duty for them to do so.
[35:27.960 --> 35:28.280]  Okay.
[35:31.240 --> 35:36.920]  Well, they either discriminated against this other gentleman and I or they did not,
[35:36.920 --> 35:40.360]  they have a duty to fair representation, they didn't represent us fairly.
[35:40.360 --> 35:44.280]  Well, what are the grounds on which you're making your claim?
[35:45.000 --> 35:48.280]  Well, everyone else received and maintained their vacation.
[35:48.280 --> 35:51.160]  I had four weeks of vacation when this company arrived.
[35:52.120 --> 35:55.400]  Everyone else was able to keep their vacation and they took the vacation,
[35:55.400 --> 35:59.320]  two weeks of my vacation away from me and this other gentleman where he also lost two weeks.
[36:00.760 --> 36:05.080]  Okay, what was, did they have a reason for doing that?
[36:05.080 --> 36:09.960]  Did they state what their authority was for taking away the vacation time?
[36:10.680 --> 36:15.160]  No, they really, they just told us our grievance didn't have any merit and
[36:15.160 --> 36:17.000]  they were not going to pursue it any further.
[36:17.880 --> 36:23.240]  Well, see, the problem is this is a, you can file a bar grievance if you feel the
[36:23.240 --> 36:27.480]  attorney's acted inappropriately, but this is a civil matter.
[36:28.920 --> 36:29.320]  Okay.
[36:29.320 --> 36:30.920]  This clearly goes to contract.
[36:30.920 --> 36:40.280]  If the contract says you have a right to it, then you can take them on in a contractual,
[36:40.280 --> 36:42.120]  you know, breach of contract issue.
[36:42.120 --> 36:42.840]  Okay.
[36:44.040 --> 36:48.360]  If it's not in the contract, you may not have grounds.
[36:49.960 --> 36:50.600]  Okay.
[36:52.840 --> 36:56.920]  So, you know, you can file bar grievances and that'll annoy the attorneys on the other side,
[36:56.920 --> 37:03.240]  but I doubt that it'll get you much purchase in reaching the outcome you intend.
[37:04.040 --> 37:04.600]  Okay.
[37:04.600 --> 37:10.920]  So you're thinking I should probably go with the breach of contract and I know that they
[37:10.920 --> 37:13.160]  didn't fairly represent me.
[37:13.160 --> 37:14.520]  I know there was a bias.
[37:14.520 --> 37:15.880]  Okay, hold on.
[37:15.880 --> 37:17.560]  Are you talking about your own attorneys?
[37:18.280 --> 37:19.080]  No, no, no.
[37:19.080 --> 37:23.320]  That's what I'm wondering is because it is the union attorney and I pay union dues and
[37:23.320 --> 37:27.160]  he's there, you know, in essence to fight for me and he didn't do so.
[37:27.160 --> 37:30.440]  Oh, then that's, yeah, that's a good reason to file a bar grievance.
[37:30.440 --> 37:31.160]  Oh, good.
[37:31.160 --> 37:36.360]  And the other question is, is the secretary treasurer who is also involved happens to
[37:36.360 --> 37:37.560]  be an attorney also?
[37:37.560 --> 37:39.320]  Can I bargrieve her for that?
[37:39.320 --> 37:41.800]  Secondary treasurer of the union?
[37:41.800 --> 37:43.400]  Of the union local, yes.
[37:43.400 --> 37:43.960]  Okay.
[37:43.960 --> 37:47.800]  Did the secretary treasurer have any fiduciary duty to you?
[37:47.800 --> 37:53.560]  Did she have the right to do the fair representation, which I don't believe she followed either.
[37:53.560 --> 37:55.720]  Did she represent you or represent the union?
[37:55.720 --> 37:57.880]  Um, well, that's just it.
[37:57.880 --> 38:01.320]  They represented the union and nobody represented me.
[38:01.320 --> 38:05.320]  I'm not supposed to be fighting my own union for the, they're supposed to go to the company
[38:05.320 --> 38:06.760]  and fight the company for me.
[38:06.760 --> 38:08.760]  Okay.
[38:08.760 --> 38:15.320]  I don't know how to answer your question because you haven't given any, I don't know
[38:15.320 --> 38:20.600]  where the lines are, where these attorneys, what the heck were they doing?
[38:20.600 --> 38:25.480]  Were they, you're saying they're supposed to be fighting for you and the union is telling
[38:25.480 --> 38:28.440]  you that you don't have a right to what you're asking for.
[38:28.440 --> 38:30.040]  Is that what I understand?
[38:30.040 --> 38:32.040]  Yes.
[38:32.040 --> 38:36.440]  The union and the attorneys and all that and the business agent and the union steward are
[38:36.440 --> 38:39.800]  all supposed to be, you know, going to bat for the employee.
[38:39.800 --> 38:42.680]  Yeah, but the union only has to go to bat for you.
[38:42.680 --> 38:46.760]  Yeah, but the union only has to go to bat for you if you're right.
[38:46.760 --> 38:47.480]  Okay.
[38:47.480 --> 38:53.240]  Do you have law, do you have contract stating that you have a right to it or are you just
[38:53.240 --> 38:57.000]  saying because they gave it to me before, they have to give it to me now?
[38:57.000 --> 39:03.720]  No, is what I'm saying is, um, all right, I have, uh, I had benefits that were in place
[39:03.720 --> 39:05.320]  when this new company came in.
[39:05.320 --> 39:11.320]  Did you have benefits in, when the new company came in, did those benefits transfer to the
[39:11.320 --> 39:12.280]  new company?
[39:12.280 --> 39:15.000]  Everybody else's did, but except for mine and the one other guy's.
[39:15.000 --> 39:16.040]  That's not what I'm asking.
[39:16.040 --> 39:18.680]  You and the other guy are different because you transferred in.
[39:20.200 --> 39:20.920]  Okay.
[39:20.920 --> 39:25.160]  You're different circumstances and you're saying your circumstances should be exactly
[39:25.160 --> 39:29.160]  like everybody else's and apparently the union's saying, no, your circumstances are
[39:29.160 --> 39:31.160]  different because you transferred in.
[39:31.160 --> 39:31.960]  Right.
[39:31.960 --> 39:32.600]  Well, okay.
[39:33.160 --> 39:33.480]  All right.
[39:35.000 --> 39:40.120]  The best way to explain it is, is that there's some kind of a personal bias with this.
[39:40.120 --> 39:42.680]  Oh, wait a minute.
[39:42.680 --> 39:44.680]  Yeah, but see, that's not going to affect the contract.
[39:44.680 --> 39:51.400]  You haven't told anything that gives the company a duty.
[39:52.040 --> 39:55.080]  You're just saying because they did, they still have to.
[39:56.120 --> 39:57.080]  That won't hold up.
[40:01.320 --> 40:04.680]  You have to have something in the contract that says you have a right to this and they
[40:04.680 --> 40:05.800]  have a duty to give it to you.
[40:05.800 --> 40:10.760]  Well, isn't there, don't they have to show some reason as to why they're taking away
[40:10.760 --> 40:11.880]  his vacation?
[40:11.880 --> 40:16.360]  I mean, can companies just give vacation and then say, oh, nevermind, we're just going
[40:16.360 --> 40:18.840]  to take it away and we don't have to give you a reason why?
[40:18.840 --> 40:25.160]  If they don't have a contractual duty to give it to you, yeah, they can just say no.
[40:27.320 --> 40:30.600]  Even though the union is there to protect everybody and we're all supposed to be treated
[40:30.600 --> 40:32.760]  equally, they can single out two of us and just.
[40:32.760 --> 40:39.400]  If it's not in the contract, they can't, the union can't enforce non-contractual issues.
[40:40.680 --> 40:41.560]  Okay.
[40:41.560 --> 40:46.840]  You can't just say, well, I want to be treated this way and I want my union to go force this
[40:46.840 --> 40:48.120]  other guy to treat me this way.
[40:48.120 --> 40:51.800]  You got to give them a contract that says they have to do something.
[40:52.760 --> 40:53.160]  Okay.
[40:57.720 --> 40:59.560]  This should be a good lesson to everyone.
[40:59.560 --> 41:04.360]  When you get some vacation time from your company, take it immediately or else they
[41:04.360 --> 41:05.240]  may take it away.
[41:05.880 --> 41:08.520]  Oh, no, I did take my vacation immediately.
[41:08.520 --> 41:10.360]  This is over the next seven years.
[41:10.360 --> 41:11.320]  This is going to affect me.
[41:11.320 --> 41:18.760]  They took it away permanently until I rereached the years of service to get back to four weeks.
[41:21.080 --> 41:22.280]  Oh, so they just changed.
[41:22.280 --> 41:27.240]  They didn't transfer your, what do you call it?
[41:27.240 --> 41:28.120]  Your seniority.
[41:28.120 --> 41:32.920]  My seniority as far as vacation time transferred with me with the original company,
[41:34.760 --> 41:38.760]  the union Stewart fought it and lost the first time.
[41:38.760 --> 41:40.680]  So I was allowed to keep my vacation.
[41:41.560 --> 41:45.480]  When the new company came in, the union Stewart saw it as his chance to re
[41:46.280 --> 41:49.800]  bring up the argument and that he got it taken away this time.
[41:51.320 --> 41:53.400]  Under, under what grounds?
[41:53.400 --> 41:53.960]  I don't know.
[41:53.960 --> 41:54.760]  That's, that's.
[41:54.760 --> 41:55.560]  You have to know.
[41:55.560 --> 42:00.520]  You can't, you can't come in and argue this issue if you don't know, you have to read
[42:00.520 --> 42:01.400]  the contract.
[42:01.400 --> 42:03.480]  Well, that's what the, the only thing they sent me in writing.
[42:03.480 --> 42:08.280]  I just got it the other day was, it was a generic form letter that said that my grievance
[42:08.280 --> 42:09.880]  had no merit, but they did not specifically.
[42:10.520 --> 42:11.080]  Wait a minute.
[42:11.080 --> 42:12.600]  Do you have an employment contract?
[42:13.160 --> 42:13.880]  Yes, we do.
[42:13.880 --> 42:15.080]  Have you read it?
[42:15.080 --> 42:15.640]  Yes, I have.
[42:16.200 --> 42:16.920]  Is it in there?
[42:17.880 --> 42:24.120]  Well, for the length of service, I'm entitled to four weeks by the contract, but they're
[42:24.120 --> 42:27.000]  trying to say that part of my time does not count.
[42:27.560 --> 42:30.440]  Is it in the contract that says part of your time doesn't count?
[42:30.440 --> 42:31.400]  No, it is not.
[42:31.400 --> 42:32.280]  Then so.
[42:32.280 --> 42:34.120]  Well, that's what I'm calling you.
[42:35.400 --> 42:39.720]  If it's in the contract, then send them a tort letter.
[42:39.720 --> 42:43.960]  Yeah, there's really nothing in the contract that has anything to do with transfers.
[42:43.960 --> 42:45.720]  So it's kind of a blank area.
[42:46.920 --> 42:52.120]  It has never been a problem or a situation has come up until I came and transferred in.
[42:52.120 --> 42:59.000]  Okay. So if the contract says you have X amount of years of service, you get X amount,
[42:59.000 --> 43:05.960]  Y amount of vacation time, and there's nothing in there mitigating that, it's cool.
[43:05.960 --> 43:07.960]  Okay. That's what I was wondering.
[43:07.960 --> 43:11.160]  And would it do me any good to do the bar grievances at that point?
[43:11.160 --> 43:13.240]  Yeah, that's always, that's always just yuck.
[43:13.240 --> 43:17.240]  Okay. So he can bar grieve this attorney now at this point.
[43:17.240 --> 43:23.400]  If it's in the contract that he has a right to this and they're taking a situation that's
[43:23.400 --> 43:31.160]  not covered in the contract and mitigating the benefits he has in the contract.
[43:31.160 --> 43:31.880]  Absolutely.
[43:31.880 --> 43:33.480]  Okay. So there's your answer, Jim.
[43:33.480 --> 43:36.680]  Sue him and you file the bar grievance because it's in your contract.
[43:36.680 --> 43:37.720]  Thank you very much.
[43:37.720 --> 43:38.600]  All right. Thank you.
[43:39.240 --> 43:41.720]  Okay. When we get back, we're going to move on to more callers.
[43:41.720 --> 43:44.120]  We've got Charles, James, Frank, Francis, Neil.
[43:44.120 --> 43:46.280]  We will be right back. This is the rule of law.
[43:46.280 --> 44:14.440]  Randy Kelton, Eddie Craig, Deborah Stevens.
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[46:16.840 --> 46:22.600]  Where are you going to look for one? If you could not reach any back to love,
[46:22.600 --> 46:24.520]  would your purpose test be done?
[46:24.520 --> 46:28.520]  Will you stand down on the soles of your warrior heart's love?
[46:28.520 --> 46:34.360]  Scaffolding the key to the peace? All they're taking is a misunderstanding.
[46:34.360 --> 46:36.520]  Somebody calls the police.
[46:36.520 --> 46:53.800]  What's in the spotlight? What's in the spotlight? What's in the spotlight?
[46:53.800 --> 47:10.520]  Okay, folks, we are back. Rule of law. We are taking your calls.
[47:12.920 --> 47:19.080]  We have got Charles from Texas. Charles, thanks for calling in. What is on your mind tonight?
[47:19.080 --> 47:27.160]  Okay, so I will try to be brief and concise and to the point in trying to
[47:28.360 --> 47:34.120]  give enough background information to get the information I need from you all to proceed in the
[47:34.760 --> 47:43.880]  most correct manner. In 2008, in 2009, on the 8th of January, before I went to go work at a
[47:43.880 --> 47:50.520]  public school as a substitute teacher, I took a walk in the morning at a park at the city of Plano
[47:50.520 --> 48:00.360]  in the North Dallas suburb. It was along some park trail. I took a walk before the morning.
[48:00.360 --> 48:06.040]  I got back in my car. I was on my way to Clark High School of the Plano Independent School District.
[48:06.040 --> 48:15.400]  I was pulled over by a cop because someone had called the Plano Police reporting that there was
[48:15.400 --> 48:25.720]  a suspicious character out and about. Therefore, when I was pulled over, ultimately the cop pulled
[48:25.720 --> 48:32.920]  me over. He told me I had failed to signal a lane change. I obtained the police footage video,
[48:32.920 --> 48:38.760]  and there is no lane change violation. I clearly changed lanes and signaled and whatnot.
[48:39.320 --> 48:45.320]  To make a long story short, he was very hostile. He was very aggressive with me. He was very
[48:45.320 --> 48:53.560]  intimidating with me. There came a point where he asked me to step out of the car, and he asked
[48:53.560 --> 48:59.240]  if I could search my car. If he could search my car, I told him no, and I had locked the car
[48:59.240 --> 49:10.120]  as I got out. Things came to pass. The next thing I know, I'm being patted down and having my
[49:10.120 --> 49:18.200]  genital area groped by this man who was purportedly afraid that I had a firearm or some weapon that
[49:18.200 --> 49:25.080]  could be used to hurt him, which is my understanding why he tried to construe that it was justified
[49:25.080 --> 49:34.040]  that he forcibly take my keys from me to open my car to search for something that I could use to
[49:34.040 --> 49:40.680]  harm him, which he clearly says in the video. That was on the 8th of January, 2009.
[49:42.680 --> 49:48.440]  I got the 911 call. I got the police video from the City of Plano, from the Plano Police Department.
[49:48.440 --> 49:58.120]  I have sat on this for, well, it's going to be two years on the 8th of January, 2011, and I feel
[49:59.000 --> 50:07.480]  still obliged to do something about it. I have put it off thus far because in January of last year
[50:07.480 --> 50:15.720]  at Brave New Books in Austin, I saw Mr. Randy Kelton speak, and I asked him what the amount of
[50:15.720 --> 50:21.480]  amount of time I can wait to file criminal charges against this Plano cop is, and he said
[50:21.480 --> 50:32.680]  two years from the date of the original incident. I recently moved to Austin from the City of
[50:32.680 --> 50:40.520]  Richardson. I am back at the City of Richardson because school is out down at UT, and I still
[50:40.520 --> 50:46.040]  like to do something about this. I still feel morally obliged to do something about this.
[50:47.800 --> 50:54.040]  I have a criminal complaint already well written based on what you all have online.
[50:55.880 --> 51:02.920]  I'm up in Richardson, and Richardson is just south of Plano. It is my understanding that
[51:02.920 --> 51:09.560]  to initiate the criminal process against this City of Plano cop, it is best to initiate it
[51:09.560 --> 51:16.840]  at the city court, but I now live in Austin. Hold on. No, not at the city court.
[51:18.440 --> 51:22.600]  All complaints against public officials go to the district attorney.
[51:25.320 --> 51:28.680]  Now, the district attorney. This happened in Collin County, Texas.
[51:30.920 --> 51:37.080]  I spend my days in Travis County, Texas now. I'm in Dallas County right now seeing my family
[51:37.080 --> 51:44.440]  before Christmas, and it would be far, far easier for me to proceed with this at a district
[51:44.440 --> 51:49.320]  where I now am, which would be Travis County. I'm going to suggest that you do it all by mail
[51:49.320 --> 51:55.480]  anyway. Okay. I go down to the court, but I have a lot of experience at it.
[51:55.480 --> 52:01.560]  Yes. I suggest that you do it by mail. You send a verified criminal affidavit to the
[52:01.560 --> 52:09.720]  prosecuting attorney. Okay. Can I send it to Travis County? No. Okay. The venue is in
[52:09.720 --> 52:15.320]  the jurisdiction where it occurred. Collin County. Yeah, Collin County. Send it to Collin County
[52:15.320 --> 52:21.720]  district attorney. He's going to refuse to act on it. Okay. Then you send the complaint to a
[52:22.600 --> 52:30.440]  district judge in Collin County. Okay. Now, Randy, then I send a complaint after it is apparent that
[52:30.440 --> 52:35.480]  he has refused to act on it. Then I send a complaint, or do I send the complaint at the
[52:35.480 --> 52:41.960]  same time as I send the original affidavit? Give him two weeks to act on it. Okay. Then
[52:43.000 --> 52:47.240]  if you have someone in Collin County who can go by the courthouse and check the
[52:47.240 --> 52:53.320]  minutes of the grand jury, you check to see if there's evidence in the minutes of the grand
[52:53.320 --> 53:01.240]  jury of a true bill or a no bill. Okay. You're saying that when I send it to the district
[53:01.240 --> 53:07.720]  attorney for Collin County, it is his obligation to take my complaint before a grand jury,
[53:07.720 --> 53:13.960]  who then determines whether or not Collin County should proceed in prosecuting criminally this
[53:13.960 --> 53:21.080]  City of Plano Cop? Precisely. Okay. Under 2.03 Code of Criminal Procedure, the prosecuting attorney
[53:21.080 --> 53:30.760]  has no discretion in the matter. Okay. 2.03, the Code of Criminal Procedure, prosecuting attorney
[53:30.760 --> 53:40.040]  has no discretion. When a prosecuting attorney is made known that a public official has violated a
[53:40.040 --> 53:44.600]  law relating to his office, he shall reduce complaint from information and submit it to the
[53:44.600 --> 53:54.440]  grand jury. Okay. So because this guy was a cop, he is therefore a public official and the criminal
[53:54.440 --> 54:01.640]  complaint is official oppression. Because he's an official, he has no discretion. He must present
[54:01.640 --> 54:06.520]  it before the grand jury and then it is the obligation, it is the responsibility of the
[54:06.520 --> 54:13.480]  grand jury to determine whether or not the County of Collin should proceed. Well, yes, exactly.
[54:13.480 --> 54:23.320]  They'll decide to indict or not indict. Okay. So, but essentially then my criminal complaint,
[54:23.320 --> 54:30.920]  which should be worded enough to invoke enough sympathy within the jury to initiate them,
[54:30.920 --> 54:36.120]  to compel them to initiate the prosecution. Yes, but they'll never see it. So you want the
[54:36.120 --> 54:42.840]  complaint and put in a statement of probable cause. Okay. Within the complaint? No, you can
[54:42.840 --> 54:50.280]  do it within the complaint or you can attach it to the complaint as an affidavit. And since
[54:50.280 --> 54:57.480]  you're a teacher, I think you'll appreciate this. Now the statement of probable cause is a document
[54:57.480 --> 55:04.760]  in addition to the criminal complaint, correct? Yes. Okay. But the statement of probable cause
[55:04.760 --> 55:12.440]  is, you know, ultimately if it is apparent that it has never been shown to the grand jury,
[55:12.440 --> 55:19.560]  my original criminal complaint, or what is the reason that compels me to write this statement
[55:19.560 --> 55:25.400]  of probable cause to whom am I writing it? Generally, the criminal complaint is simply
[55:25.400 --> 55:36.840]  states basic information sufficient to file the complaint. If you want to give them all
[55:36.840 --> 55:43.320]  the information they need to make a good determination, if putting the statement of cause
[55:43.320 --> 55:50.120]  in the complaint itself will make the complaint overly long and cumbersome, then you might want
[55:50.120 --> 55:57.240]  to write up a statement, have it notarized as an affidavit, and attach it to the criminal
[55:57.240 --> 56:04.200]  complaint. Oh, okay. Basically, the criminal complaint is like a one-page document that
[56:04.200 --> 56:11.880]  just says who you are, who the accused is, and what statute you're accusing the accused
[56:11.880 --> 56:18.280]  of breaking, and it's notarized and that's it. It just shows what, you know, it basically
[56:18.280 --> 56:24.840]  just has the names and the statute and the date. The statement of probable cause is your
[56:24.840 --> 56:32.440]  story of what happened, backing up why you're accusing this person of violating this statute.
[56:32.440 --> 56:39.400]  You see what I'm saying? Yeah, yeah, yeah. So the criminal complaint is the legal document
[56:39.400 --> 56:45.160]  and the statement of probable cause is the affidavit, which if the jury, you know, actually
[56:45.160 --> 56:53.800]  hears it, should be of such language to make them want to proceed. You know, it's the narrative.
[56:53.800 --> 56:59.640]  It's the narrative. It's the narrative. It's your argument in support. You attach the statement
[56:59.640 --> 57:05.400]  of probable cause to the criminal complaint. Okay, okay. Yes. Don't put an argument in
[57:05.400 --> 57:11.960]  the complaint itself. You say, I, Randall Kelton, have reason to believe and do believe
[57:11.960 --> 57:18.600]  based on the following. You give basic, just basic facts. Yeah. No argument. In the complaint.
[57:18.600 --> 57:23.480]  In the complaint. Basic facts. Just basic facts. And then in the statement of probable cause,
[57:24.200 --> 57:33.080]  there you can treat that as an argument in support. Okay, so, okay, you know, the thing,
[57:33.080 --> 57:41.080]  you know, I've sat on this and because, you know, like in the video that I've seen from the
[57:41.080 --> 57:46.600]  Plano Police Department, I said, I want to leave this North Dallas area because the police are
[57:46.600 --> 57:51.560]  particularly hostile because North Dallas is still a very safe place and they have nothing to really
[57:51.560 --> 57:56.040]  do but mess with people. But of course that's indicative of police across the United States
[57:56.040 --> 58:04.520]  of America. But, gee, I forgot what I was going to say. Okay, when we get back, I'll go over this
[58:04.520 --> 58:14.040]  briefly, briefly of how to engage them to really give them major grief. Yes, yes, yes. I was about
[58:14.040 --> 58:23.640]  to express the nature of my grief. Okay, okay. You can do that. You get higher level people upset.
[58:24.200 --> 58:30.120]  This cop, his name is going to be. He fondled me. He fondled me. You know, that's what they do.
[58:30.120 --> 58:35.160]  You should charge him with. Well, you should file him with sexual assault. That would be great.
[58:35.880 --> 58:41.800]  Okay. And we do, and we do have six other callers on the line. So, so let's try to,
[58:41.800 --> 58:46.920]  let's try to keep everything as succinct as possible. Yeah, we'll move quickly coming back
[58:46.920 --> 58:51.480]  and then we'll go to other callers. This is Randy Kelton, Betty Craig, Deborah Stevens,
[58:51.480 --> 59:02.360]  Rule of Law Radio. We'll be right back on the other side. The Bible remains the most popular
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[01:00:06.040 --> 01:00:11.480]  Secretary of State Hillary Clinton said Wednesday she's appointing an internet security coordinator
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[01:00:17.000 --> 01:00:22.760]  created as part of a bigger plan to, quote, adjust U.S. diplomacy, making it more, quote,
[01:00:22.760 --> 01:00:30.600]  flexible and effective in response to world crises and developments. A record 60 percent of Americans
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[01:00:56.840 --> 01:01:02.200]  New Mexico Governor Bill Richardson is visiting North Korea as an unofficial envoy, quote,
[01:01:02.200 --> 01:01:07.640]  to try to convince North Korea to calm down a little bit and see if we can reduce tensions
[01:01:07.640 --> 01:01:13.000]  in the Korean Peninsula. U.S. and South Korean intelligence services are monitoring North
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[01:02:11.080 --> 01:02:19.960]  bonuses with $35 billion set aside for its bankers. A pro-Wikileaks hacker has told Sky News
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[01:04:54.200 --> 01:05:08.360]  Okay, folks, we are back. We're taking your calls. And we are speaking with Charles in Texas.
[01:05:10.040 --> 01:05:14.520]  Okay, Randy, you are about to give him a brief strategy and then we've got
[01:05:14.520 --> 01:05:17.720]  six other people on the line. Right, we need to move along because we've got
[01:05:17.720 --> 01:05:24.680]  four segments and six people. Yes, file the complaint with the district attorney
[01:05:26.120 --> 01:05:34.600]  and after a week or two after he's gotten it, check with the county and find out when the grand jury
[01:05:34.600 --> 01:05:39.960]  meets. This is Collin County. They probably meet on a regular basis because it's a populated county.
[01:05:41.720 --> 01:05:44.600]  They got a lot of people in the county, so they probably meet more than once a month.
[01:05:44.600 --> 01:05:52.760]  Find out when the grand jury meets. Check a couple of days after they've met and have someone go in
[01:05:52.760 --> 01:05:57.880]  and check the minutes of the grand jury. And it should reflect a true bill or no bill.
[01:05:57.880 --> 01:06:02.360]  If there's not a true bill or no bill in there, then you have reason to believe the prosecutor
[01:06:02.360 --> 01:06:07.480]  did not give it to the grand jury the way he's required to by Article 2.03. Then you make up
[01:06:07.480 --> 01:06:12.920]  a criminal complaint against the district attorney and mail it to the highest district judge you can
[01:06:12.920 --> 01:06:22.200]  find. Does the county matter? The highest district judge I can find, I don't understand.
[01:06:22.200 --> 01:06:28.920]  Okay, in Travis County, we have a head criminal district judge. We have a bunch of criminal
[01:06:28.920 --> 01:06:35.560]  district judges, but we have one head of all of the criminal district judges. If they have that
[01:06:35.560 --> 01:06:43.640]  in Collin County, you want to find the most prestigious judge in Collin County who thinks
[01:06:43.640 --> 01:06:48.360]  he's the biggest and the baddest and the most important. Okay, whereas the first one was given
[01:06:48.360 --> 01:06:54.600]  to the district attorney, now this is to the judge. Now you send one to the judge asking the judge
[01:06:55.880 --> 01:07:01.000]  to hear your criminal complaint against the district attorney. Well, the judge is not going
[01:07:01.000 --> 01:07:07.320]  to think of himself as a magistrate, so he's going to refuse to act on it. And then you
[01:07:07.880 --> 01:07:15.560]  send a complaint to the grand jury, addressed to the foreman of the grand jury and one to grand
[01:07:15.560 --> 01:07:23.240]  juror 1 through 11, addressed to the district attorney, to his address, but with not his name
[01:07:23.240 --> 01:07:30.520]  on it, with a letter in there asking the foreman to sign this letter or initial this letter and
[01:07:30.520 --> 01:07:34.680]  send it back to you because you've had problems with the district attorney's secret and criminal
[01:07:34.680 --> 01:07:38.440]  complaints from the grand jury. And since these are against the district attorney, you want to
[01:07:38.440 --> 01:07:46.920]  make sure he gets it. When you don't receive that letter back, then I suggest that at that point,
[01:07:46.920 --> 01:07:55.960]  you go down yourself with criminal complaints against the district attorney and you go to the
[01:07:55.960 --> 01:08:00.200]  bailiff and give them to the bailiff and ask him to give it to the grand jury. Now the district
[01:08:00.200 --> 01:08:06.040]  attorney is compromised. He came in a fear of his complaints against him. So this is how we set him
[01:08:06.040 --> 01:08:13.400]  up. I'd like to spend more time on it because frankly, this is my pet subject. My only thing
[01:08:13.400 --> 01:08:25.560]  is can I send somebody a copy of what I intend to send as like a perusal of some sort? Who can I
[01:08:25.560 --> 01:08:30.280]  send the documents that I'm going to send to like proofreader? Do you guys not do that?
[01:08:30.280 --> 01:08:36.040]  Oh yeah. You could send those to me. Yeah. Just email them to Randy at Root of Law Radio. I would
[01:08:36.040 --> 01:08:44.840]  love to go over those. Okay. If you don't respond like within a week or so, is that so? Is it two
[01:08:44.840 --> 01:08:50.440]  years and that's it? And so it must be, I must send that... Not really. Did he file a complaint
[01:08:50.440 --> 01:08:57.960]  against you? No, he let me go because... Okay. Then your two years is running. So once you file
[01:08:57.960 --> 01:09:05.160]  the complaint, you stop the clock. Okay. But I've got to get that FedExed out. I've got to get
[01:09:05.160 --> 01:09:13.560]  a notarized criminal complaint with FedExed out probably before the new year, definitely before
[01:09:13.560 --> 01:09:19.640]  the 8th of January. Absolutely. Get it in there quickly. Okay. Well then... Get it to me. If you
[01:09:19.640 --> 01:09:27.080]  haven't heard a response from me in two days, send me an email with the subject line in all caps.
[01:09:27.080 --> 01:09:33.480]  10-4. 10-4. 10-4. And once that initial stage is done, I can always call back and get more from
[01:09:33.480 --> 01:09:39.640]  you all. So God bless you all. You all do a wonderful thing. This is probably the most
[01:09:39.640 --> 01:09:44.760]  original show in the United States of America. So have a good evening. You will find this...
[01:09:44.760 --> 01:09:48.920]  Thank you, Sean. This will turn out to be your personal Christmas present. It will be so much fun.
[01:09:48.920 --> 01:09:53.320]  Thank you, Charles. All right. Y'all be good. And Deborah and Eddie. Y'all do a great job.
[01:09:53.320 --> 01:10:00.680]  Thanks, Charles. Thank you. Okay. We are going now to James in Alaska. We've got listeners all
[01:10:00.680 --> 01:10:04.040]  over the continent. Thanks, James. What's on your mind tonight? How can we help you?
[01:10:05.080 --> 01:10:09.720]  Well, I'll have to agree with that, gentlemen. This is probably one of the most original shows
[01:10:09.720 --> 01:10:19.160]  on the radio. Oh, thank you. I've got three things. A friend of mine went to tax court, had
[01:10:21.880 --> 01:10:30.200]  sent in his, you know, the formal request for admission. The responding attorney
[01:10:30.200 --> 01:10:33.960]  didn't do anything. She didn't answer them. She didn't do anything with them.
[01:10:33.960 --> 01:10:39.960]  He went to tax court, fully expecting those things to be admitted on the record.
[01:10:41.640 --> 01:10:50.600]  The judge basically... And she didn't make a motion for anything as far as, you know,
[01:10:50.600 --> 01:10:55.960]  putting aside the admissions or anything. You know, it turns out on a cross transcript that
[01:10:55.960 --> 01:11:07.480]  the judge of his own accord made up a supposed motion by the respondent's attorney to,
[01:11:07.480 --> 01:11:10.920]  you know, get relief from these things and entered a judgment for it. So...
[01:11:12.280 --> 01:11:16.520]  Whoa, whoa. You're saying that the judge wrote a motion?
[01:11:17.880 --> 01:11:24.920]  Well, no. The judge acted like there had been a motion in court when in fact there had been none.
[01:11:24.920 --> 01:11:31.160]  A fellow and his wife were both there and they didn't hear anybody say anything about moving
[01:11:31.160 --> 01:11:35.960]  the court, that kind of a thing like that. Yeah. File criminal charges against the judge.
[01:11:37.240 --> 01:11:43.160]  Criminal? In tax court? Any court. This is a judge exercising an authority. The judge knows...
[01:11:43.160 --> 01:11:47.880]  Well, no. You wouldn't file... You would not file the criminal complaint in tax courts.
[01:11:47.880 --> 01:11:50.680]  No, not in a tax... No, no. That's not what I mean. No, no. I mean...
[01:11:50.680 --> 01:12:00.600]  The action occurred in the tax court. The judge is supposed to be a neutral arbitrator,
[01:12:01.160 --> 01:12:08.280]  but the judge is adjudicating for the other side. Now, the judge has a duty. It has two duties.
[01:12:08.920 --> 01:12:14.920]  First, the judge must determine the facts based on the rules of evidence and then apply the law
[01:12:14.920 --> 01:12:21.560]  as it comes to him to the facts in the case. Right. He doesn't have a authority to act
[01:12:23.400 --> 01:12:31.080]  in an adjudicatory capacity toward either side or either party. Then if he does that,
[01:12:31.080 --> 01:12:36.280]  he breaches his ministerial duty and he denies you in your full and free access
[01:12:36.280 --> 01:12:41.080]  to enjoyment of your right to equal protection of the law.
[01:12:41.080 --> 01:12:44.920]  Fair trial. That's a crime in every state except New Mexico.
[01:12:44.920 --> 01:12:53.480]  All right. But he was... The thought was that he was exercising his judicial prerogative.
[01:12:54.120 --> 01:13:00.120]  Not... He has judicial prerogatives. That's not one of them.
[01:13:01.080 --> 01:13:04.920]  All right. So what would be your... This is the thing.
[01:13:04.920 --> 01:13:11.240]  The criminal sues against him for exceeding his... No, you can't sue him. It would waste
[01:13:11.240 --> 01:13:17.000]  the time to sue him. What I suggest, if you want to file suit, you go into court and ask the bailiff
[01:13:17.000 --> 01:13:24.760]  to arrest the judge, and the bailiff will refuse, and then you sue the bailiff. You can't sue the
[01:13:24.760 --> 01:13:29.240]  judge, but you can sue the bailiff. But file criminal charges against the bailiff. You run
[01:13:29.240 --> 01:13:35.400]  the routine on the judge by filing a complaint with the prosecutor, and then the head district
[01:13:35.400 --> 01:13:40.760]  judge, and then the grand jury, going after this judge. File a judicial conduct complaint
[01:13:40.760 --> 01:13:46.360]  against the judge. As proceeds, as individuals, you can make their life a living hell.
[01:13:47.560 --> 01:13:51.560]  Okay. So a judicial complaint would be probably the best step then, right?
[01:13:51.560 --> 01:13:55.640]  That would be... Yeah. That's great because you'll never hear anything about it, and the
[01:13:55.640 --> 01:14:01.400]  judicial conduct commission will toss your complaint. But it's just like if you buy a new
[01:14:01.400 --> 01:14:08.920]  car and pay a lot of money for insurance. I paid $650 a year for insurance. I'm sorry. $650 every
[01:14:08.920 --> 01:14:14.280]  six months on my avalanche. If I parked that thing in Walmart's parking lot and somebody
[01:14:14.280 --> 01:14:19.640]  bashed in my fender, well, they'd fix it. If I come out there next month and somebody bashes in my
[01:14:19.640 --> 01:14:27.240]  fender, they'd fix it, cancel my insurance. Not my fault. They don't care. You file a judicial
[01:14:27.240 --> 01:14:32.440]  conduct complaint against the judge, his bond rating goes up. Okay. So what would be the
[01:14:34.200 --> 01:14:37.080]  specific complaint that you're making? Official oppression.
[01:14:38.520 --> 01:14:41.880]  Official oppression? Yes. He's exercising authority he does not
[01:14:41.880 --> 01:14:48.760]  expressly have. He's adjudicating for the other side. He's supposed to provide you
[01:14:48.760 --> 01:14:51.080]  the equal protection of the laws. He failed to do that.
[01:14:59.720 --> 01:15:07.960]  Okay. No, no. Okay. What you do is in all of the admissions that weren't answered,
[01:15:09.320 --> 01:15:11.400]  you file those as judicial notice.
[01:15:11.400 --> 01:15:21.560]  You take judicial notice that this admission was not answered. Therefore, they gave you tacit
[01:15:21.560 --> 01:15:29.320]  admission that these are facts before the court that are incontrovertible. They waive your
[01:15:29.320 --> 01:15:36.200]  opportunity to controvert them. Okay. We are losing you. You're getting really garbled.
[01:15:36.200 --> 01:15:39.400]  Yeah. You're getting really garbled. You've got a bad connection. You're getting
[01:15:39.400 --> 01:15:43.160]  really garbled. You've got a bad connection, James. I'm sorry. We're going to have to let you go.
[01:15:44.840 --> 01:15:51.800]  Must be a lot of snow in there freezing the lines. But yeah, just do judicial notice of
[01:15:51.800 --> 01:15:55.640]  all of the admissions they didn't answer to and move for summary judgment.
[01:15:58.920 --> 01:16:02.040]  Okay. I think we've lost him. Yeah. Okay. Let's go to the next one.
[01:16:02.040 --> 01:16:04.440]  Okay. We've got Frank from Texas.
[01:16:04.440 --> 01:16:09.560]  Hi. Hello, Frank. Thank you for calling in. What's on your mind tonight?
[01:16:09.560 --> 01:16:14.920]  Well, I just have something. It's a little off topic, but I work at one of the high schools here
[01:16:14.920 --> 01:16:24.120]  in Austin. Today, during our morning announcements, we actually had somebody come on, either a teacher
[01:16:24.120 --> 01:16:30.200]  or administrator. I couldn't make the name out. They were urging our students to call their senators
[01:16:30.200 --> 01:16:37.240]  and congressmen to support the DREAM Act and kind of shocked me because...
[01:16:37.880 --> 01:16:46.760]  Yes. That's using government facilities to promote a private agenda. We need to go quickly on the
[01:16:46.760 --> 01:16:50.600]  other side because we're running out of time, but I would very much like to address that when
[01:16:50.600 --> 01:16:54.440]  we come back. This is Randy Kelton, Denver Stevens, Eddie Craig, Rule of Law Radio.
[01:16:54.440 --> 01:16:59.480]  We'll be right back on the other side.
[01:17:25.000 --> 01:17:30.040]  We are located at 5448 Burnett Road, Suite 3 at the corner of Burnett and Shulmont,
[01:17:30.040 --> 01:17:35.320]  and we're open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5. You are welcome to stop in
[01:17:35.320 --> 01:17:42.760]  our shop during regular business hours or call 512-646-644-0 with any questions. Ask for Chad
[01:17:42.760 --> 01:17:47.080]  and say you've heard about us on Rule of Law Radio or Texas Liberty Radio. That's Capitol Point
[01:17:47.080 --> 01:17:51.960]  and Boyon at the corner of Burnett and Shulmont, and we're open Mondays and Fridays, 10 to 6,
[01:17:51.960 --> 01:17:57.480]  Saturdays, 10 to 5. That's Capitol Point and Boyon, 512-646-644-0.
[01:18:00.280 --> 01:18:05.960]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so easy,
[01:18:05.960 --> 01:18:10.200]  and neither is finding like-minded people to share it with. Oh, well, I guess you haven't
[01:18:10.200 --> 01:18:15.880]  heard of Brave New Books then. Brave New Books? Yes. Brave New Books has all the books and DVDs
[01:18:15.880 --> 01:18:21.000]  you're looking for by authors like Alex Jones, Ron Paul, Angie, Edward Griffin. They even stock
[01:18:21.000 --> 01:18:26.760]  inner food, Berkey products, and Calvin Soaps. There's no way a place like that exists. Go
[01:18:26.760 --> 01:18:31.880]  check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[01:18:32.440 --> 01:18:38.280]  By UT, there's never anywhere to park down there. Actually, they now offer a free hour of parking
[01:18:38.280 --> 01:18:44.600]  for paying customers at the 500 MLK parking facility, just behind the bookstore. It does
[01:18:44.600 --> 01:18:51.720]  exist, but when are they open? Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[01:18:51.720 --> 01:19:15.160]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[01:19:21.720 --> 01:19:43.240]  Okay, folks, we are back. We're taking your calls. We're speaking with Frank in Texas.
[01:19:43.240 --> 01:19:53.160]  Okay, and it sounds like somebody is using government property to promote a private agenda.
[01:19:53.160 --> 01:20:04.760]  Okay, look up 39.02, Texas Penal Code. Calculate the value of the equipment they were using to
[01:20:04.760 --> 01:20:15.880]  promote a private agenda. And if it's in excess of the amount listed in 39....$1,500, it's a state
[01:20:15.880 --> 01:20:21.640]  jail felony. Then it's a state jail felony. Wow. And it sounds like they're using a PA system.
[01:20:21.640 --> 01:20:28.040]  That's certainly worth more than $1,500. If it's in excess of $100,000, it is a second degree. If
[01:20:28.040 --> 01:20:34.200]  it's in excess of $200,000, it is a first degree. Yeah. Well, surely the PA system is worth at least
[01:20:34.200 --> 01:20:40.840]  $1,500. It may or may not be worth $100,000. Yeah, but that would be the school. That would be
[01:20:40.840 --> 01:20:47.560]  everything. Yeah, that's true. The building. If you are a teacher,
[01:20:51.320 --> 01:20:57.960]  I would suggest, unless you want to be fired. Yeah, I just really wanted to kind of get the
[01:20:57.960 --> 01:21:04.200]  word out, and if parents out there hear this and they're wanting to do it, that's fine. If we could
[01:21:04.200 --> 01:21:09.000]  get a parent to do it, and not because you agree or disagree with the political agenda,
[01:21:10.200 --> 01:21:18.680]  because this is not acceptable. Now, I was shocked because every year they send out,
[01:21:18.680 --> 01:21:24.200]  especially during election season, they send out all these emails telling us that you cannot use
[01:21:24.200 --> 01:21:31.000]  any of the school facilities, or any of the school email, or anything to electioneer, or...
[01:21:31.000 --> 01:21:34.280]  Well, who did this? Who did this over the loudspeaker?
[01:21:34.280 --> 01:21:41.640]  Well, I wasn't... Our speaker system is not that great, and I did not get the name of the person.
[01:21:41.640 --> 01:21:49.400]  It was... We usually have announcements, and one of the assistant principals will do it,
[01:21:49.400 --> 01:21:54.520]  but then somebody else came on, and I'm just not sure who it was.
[01:21:54.520 --> 01:22:04.280]  Send me an email with the principal's phone number, and I will call him tomorrow and get
[01:22:04.280 --> 01:22:09.960]  his attention. Okay, and do I send that to Rule of Law?
[01:22:09.960 --> 01:22:15.320]  Yes, ruleoflawrandy at ruleoflawradio.com. I really like doing this part.
[01:22:15.320 --> 01:22:18.360]  And they'll say... I'll accuse them of doing something, and they'll say,
[01:22:18.360 --> 01:22:23.240]  oh, we didn't do that, and I tell them, oh, I don't care. Heck, you guys are going to make me famous.
[01:22:26.200 --> 01:22:32.360]  I accused a sheriff of trying to murder someone in his jail by withholding his heart medicine,
[01:22:32.360 --> 01:22:35.800]  and they said, whoa, whoa, I don't think they're doing that. Oh, I don't care.
[01:22:35.800 --> 01:22:38.280]  Heck, this is a great story. You're going to make me famous.
[01:22:38.280 --> 01:22:43.000]  Well, I still have about 14 or 15 years to retirement, so...
[01:22:43.000 --> 01:22:48.040]  Yeah, that's why I was warning you not to... It may be wrong for them to do that to you,
[01:22:48.040 --> 01:22:50.600]  but they would do that to you. So send me an email.
[01:22:50.600 --> 01:22:53.880] ... or make my life such a living hell that I quit.
[01:22:53.880 --> 01:22:57.960]  Exactly. Okay, give me the email. We need to move along. I've got a bunch of calls.
[01:22:57.960 --> 01:22:59.560]  Okay, thank you. Thank you.
[01:22:59.560 --> 01:23:04.360]  Okay, thanks, Frank. All right, we are going to go to the next question.
[01:23:04.360 --> 01:23:10.840]  Thank you. Thank you. Okay, thanks, Frank. All right, we are going to go now to Francis in Texas.
[01:23:12.440 --> 01:23:15.480]  Hello, Francis. Thank you for calling in. What's on your mind tonight?
[01:23:15.480 --> 01:23:25.160]  Yes, ma'am. I had what might be considered a fully present. I turned 52 on December 3rd.
[01:23:25.800 --> 01:23:34.280]  I was traveling on December 2nd from Phoenix on Interstate 40 to Oklahoma City to see my
[01:23:34.280 --> 01:23:41.560]  daughter before returning to Austin. At about 3.30 in the afternoon, about 20 miles outside of
[01:23:41.560 --> 01:23:49.240]  Apollo, I was pulled over by... Well, first of all, I was tracked for about five minutes
[01:23:49.240 --> 01:23:55.000]  by a DPS trooper. Perfect weather conditions, about 3.30 in the afternoon on December 2nd.
[01:23:55.000 --> 01:24:03.880]  I hit his lights. I pull over, roll down all the windows. I have my hands on the wheel.
[01:24:04.760 --> 01:24:08.040]  He comes over to the passenger's side and he says,
[01:24:08.040 --> 01:24:14.440]  sir, do you realize that your license plate is obstructed? To that I respond, sir, I really
[01:24:14.440 --> 01:24:21.000]  don't have a clue what you're talking about. I just bought this car from Midland Nissan in 2009.
[01:24:21.000 --> 01:24:28.200]  I haven't made any amendments or any modifications to the license plate frame from the factory.
[01:24:28.760 --> 01:24:34.440]  Can you show me what you're talking about? He said, yeah, get out. I go to the back of the car
[01:24:34.440 --> 01:24:43.160]  and approximately a half a millimeter of the top of the word Texas is obstructed by the dealership
[01:24:43.160 --> 01:24:51.720]  frame. I said, this is really odd. I never knew that I was in violation of any kind of law. He
[01:24:51.720 --> 01:25:01.720]  said, yeah, it's an offense to obstruct your license in any way. He then asked me to produce
[01:25:01.720 --> 01:25:09.560]  my Texas driver's license, my insurance. Before I went back to the car to retrieve those documents,
[01:25:09.560 --> 01:25:16.360]  I advised him that I had a concealed carry license and had a pistol under my
[01:25:18.360 --> 01:25:22.680]  driver's side mat. That didn't seem to be any big deal to this officer.
[01:25:23.560 --> 01:25:29.080]  Went and retrieved three documents, the driver's license, the concealed carry permit, and the
[01:25:29.080 --> 01:25:37.080]  insurance. I gave that to him and I'm still standing outside of my car. He looks at the
[01:25:37.080 --> 01:25:43.640]  insurance. He looks at the concealed carry. He gives me both of those two documents. He then asked
[01:25:43.640 --> 01:25:54.600]  me to go to his cruiser and sit in the front seat. Just to kind of give you a little background on
[01:25:54.600 --> 01:26:03.720]  his overall demeanor, if I had to rank his level of courtesy, congeniality, 10 being the most
[01:26:03.720 --> 01:26:10.280]  congenial, this guy was a 10 out of a 10. He was like a Boy Scout and I was equally congenial to
[01:26:10.280 --> 01:26:18.440]  him. I'm sitting now in his cruiser and he asked me where I'm coming from. I explained I spent
[01:26:18.440 --> 01:26:25.320]  Thanksgiving in Phoenix with my parents. He asked me how long I was there. I answered that question.
[01:26:25.320 --> 01:26:29.720]  He asked me where I'm going. I told him I'm going to see my daughter in Oklahoma City. He asked me
[01:26:29.720 --> 01:26:35.800]  how long I'm going to be in Oklahoma City. I responded to that question. Then he segues into
[01:26:35.800 --> 01:26:43.880]  the question, have I ever been arrested before? I basically told him about a couple of arrests
[01:26:45.080 --> 01:26:49.880]  15 to 20 years ago. I told him I had no convictions. They were all misdemeanor arrests.
[01:26:49.880 --> 01:26:59.080]  At this point, the dispatcher is calling back my arrest record. One was illegal carrying of a weapon,
[01:26:59.880 --> 01:27:08.040]  deferred adjudication in 1981, Dallas County. The second one was assault in 1990, a Class A
[01:27:08.040 --> 01:27:13.640]  misdemeanor that was brought by Tarrant County. I don't mean to be difficult, but we're running
[01:27:13.640 --> 01:27:19.000]  out of time. Can you move a little longer? Let me try to accelerate this. As soon as we go
[01:27:19.000 --> 01:27:25.880]  over the arrests, he then says, would you mind if I searched your car? I said, sir, I'm a strict
[01:27:25.880 --> 01:27:31.240]  constitutionalist. What is your probable cause? He doesn't answer the question. He immediately gets
[01:27:31.240 --> 01:27:38.840]  on the radio, calls the dispatcher for a canine unit. Then the dispatcher responds, the canine
[01:27:38.840 --> 01:27:45.080]  unit is 11 miles out. He turns to me and he says, you don't mind waiting 20 minutes, do you? I said,
[01:27:45.080 --> 01:27:52.520]  sir, am I under arrest? To which he responds, no. Then I ask him again, what is the probable cause?
[01:27:53.400 --> 01:27:57.720]  He still doesn't answer the question. At that point, he asked me to get out of the car
[01:27:57.720 --> 01:28:05.560]  and go stand in a field about 10 yards away from my vehicle. For the next 20 minutes,
[01:28:05.560 --> 01:28:14.200]  another four DPS cars pull up. Then at about the 30 minute mark, an Amarillo municipal cop pulls up
[01:28:14.200 --> 01:28:20.680]  that has the dog. The cop that initially pulls me over comes up to me. He briefs me on what's
[01:28:20.680 --> 01:28:25.640]  about ready to happen. He says, you don't have anything illegal in your car? I said, no, I don't,
[01:28:25.640 --> 01:28:33.160]  sir. He said, we're just going to do a walk around your car. At that point, the canine cop,
[01:28:33.720 --> 01:28:40.200]  who has not interfaced with me at all, he's not had two words with me, walks around the vehicle
[01:28:40.200 --> 01:28:46.360]  one time. The dog is unresponsive, walks around the vehicle a second time, at which point the
[01:28:46.360 --> 01:28:54.200]  canine cop jerks the leash and the dog barks like he's being strangled. The cop that pulls me over
[01:28:54.920 --> 01:29:01.800]  walks up to me and says, the dog is alerted on your car. We need to search your car. At that
[01:29:01.800 --> 01:29:10.360]  point, I get about eight DPS cops plus the canine cop tearing everything out of my vehicle, banging
[01:29:10.360 --> 01:29:19.000]  on hubcaps, banging on tires, banging on my gas tank. They didn't find anything. This is a whole
[01:29:19.000 --> 01:29:26.520]  segment. You got to get to it. We got a whole stack of callers. Basically, they put everything
[01:29:26.520 --> 01:29:37.080]  back in my car. It's now 60 minutes has elapsed. Hello? Okay, we're running out of time. We need
[01:29:37.080 --> 01:29:40.840]  to finish this up on the other side. We've got a whole stack of callers. We haven't got to your
[01:29:40.840 --> 01:29:47.080]  question yet. Okay. Okay. This is Randy Kelton, Denver Stevens, Eddie Craig, Wheel of Law Radio.
[01:29:49.320 --> 01:29:55.480]  Okay, we'll finish this up on the other side. Then we've got three more callers. We need to
[01:29:55.480 --> 01:30:00.840]  move quickly. We're running out of time. Okay. We'll be right back. Top 10 reasons to question
[01:30:00.840 --> 01:30:05.080]  the official story of the Oklahoma City bombing, reason number five. As witnessed by millions of
[01:30:05.080 --> 01:30:08.760]  viewers, the rescue efforts were interrupted several times due to the presence of other
[01:30:08.760 --> 01:30:13.880]  explosives. Government log entries indicate and witnesses report that after the initial devastating
[01:30:13.880 --> 01:30:18.600]  blast, a bomb complete with timer was discovered and removed from wreckage by the bomb squad.
[01:30:18.600 --> 01:30:22.920]  Yet we are told it's all due to baseless bomb scares or other contrivances. While officials
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[01:32:21.240 --> 01:32:47.160]  Okay, folks, we are back. Okay, Francis, so please continue. Try to finish the story as
[01:32:47.160 --> 01:32:52.040]  quickly as possible so we can get to the rest of these calls. Gotcha. So just to summarize,
[01:32:52.040 --> 01:32:57.800]  the dog makes two trips around my car. It alerts on the vehicle on the second cycle around.
[01:32:59.320 --> 01:33:05.080]  The cop that initially pulled me over alerts me to the fact that they're going to have to now
[01:33:05.080 --> 01:33:12.120]  search my car. They tear everything out, bang on the hubcaps. This takes about 35 minutes.
[01:33:12.120 --> 01:33:17.320]  They don't find anything illegal. They put everything back in the car. At that point,
[01:33:18.120 --> 01:33:24.040]  I have a stack of family photographs on a clipboard in the backseat. One of them is a picture
[01:33:24.040 --> 01:33:31.000]  of my son who's nine years a seal. I went to Annapolis. The cops call me over. Now the canine
[01:33:31.000 --> 01:33:36.040]  cop is talking to me for the first time. He calls me over, very aggressive, a bracelet sounding
[01:33:36.040 --> 01:33:45.240]  voice. He points to this 8x10 photograph of these two soldiers. He says, do I affiliate with these
[01:33:45.240 --> 01:33:50.520]  people as if it's some kind of illegal militia? I said, sir, this is my oldest son. He's an
[01:33:50.520 --> 01:33:58.360]  Annapolis graduate. He's nine years a Navy SEAL. He's currently serving. Just to kind of put
[01:33:59.400 --> 01:34:03.560]  a courteous closure on the whole thing, I said, gentlemen, could you please say a prayer for my
[01:34:03.560 --> 01:34:10.040]  boy? He is active duty in Yemen right now. That's kind of how we left the whole thing.
[01:34:10.040 --> 01:34:18.840]  My question is this. Since I asked the initial cop that pulled me over for probable cause when
[01:34:18.840 --> 01:34:23.960]  he asked me if he could search my vehicle and he failed to respond the first time,
[01:34:24.760 --> 01:34:31.160]  and then after he got confirmation that there was a canine unit 11 miles away, asked me
[01:34:31.160 --> 01:34:35.720]  would I be willing to stay another 20 minutes, which I kind of didn't really answer the question
[01:34:35.720 --> 01:34:40.840]  and I just sort of acquiesced. And then I asked him a second time, am I under arrest?
[01:34:41.400 --> 01:34:47.000]  What is the probable cause? He said, no, you're not under arrest. And he would never elucidate.
[01:34:47.000 --> 01:34:49.560]  Okay. Okay. Wait a minute. Get to your question. Come on.
[01:34:49.560 --> 01:34:53.880]  Okay. The question is, do I have any cause of action?
[01:34:54.520 --> 01:35:00.600]  Absolutely. Yes, you do. False imprisonment. The officer had no right to detain you.
[01:35:00.600 --> 01:35:06.600]  However, when he asked you if you mind waiting and you simply stood there and said nothing,
[01:35:07.160 --> 01:35:12.360]  you could very well have blown that opportunity. However, there is something-
[01:35:12.360 --> 01:35:15.880]  No, he did not. I said could have, didn't say did.
[01:35:15.880 --> 01:35:20.040]  However, there is other case law, and I've done a lot of research on this,
[01:35:20.040 --> 01:35:26.120]  gearing up for my lawsuit against the U.S. Forest Service under the Federal Tort Claims Act having
[01:35:26.120 --> 01:35:33.560]  to do with stops run and where they run dogs, sniff dogs around your car. The courts have
[01:35:33.560 --> 01:35:42.360]  ruled consistently that they, that law enforcement is within their scope to run a dog around your car
[01:35:42.920 --> 01:35:53.000]  if and only if it is conducted during the traffic stop. They cannot extend the scope
[01:35:53.000 --> 01:36:01.160]  or the duration of the traffic stop beyond that which is reasonable to issue a warning citation
[01:36:01.960 --> 01:36:08.200]  in order to run a dog around your car. Now, at the point that the guy wanted to call out the canine
[01:36:08.200 --> 01:36:13.880]  unit and they said that it's 20 minutes away, and then it ended up being 30 minutes, that
[01:36:13.880 --> 01:36:21.480]  significantly extended the scope and the duration of the traffic stop which originally had to do
[01:36:21.480 --> 01:36:28.680]  with a blocked license plate. And so, yes, you would have cause of action because of that recent
[01:36:28.680 --> 01:36:34.120]  Supreme Court case law. And you may want to prepare a criminal complaint against the officer.
[01:36:35.160 --> 01:36:40.440]  File it with the district attorney in Randall County. It's actually in the Oldham County that
[01:36:40.440 --> 01:36:45.400]  I was pulled over on, sir. Oh, bummer. It would be better if it was Randall County because you
[01:36:45.400 --> 01:36:51.320]  could tell him that I suggested that you do that because the district attorney in Randall
[01:36:51.320 --> 01:36:57.960]  County really hates me. Okay, listen, Francis, if you want to send me an email, I'll send you
[01:36:57.960 --> 01:37:03.240]  that case law citation, okay? Well, yeah, there's one other saving grace to this and that was when
[01:37:03.240 --> 01:37:08.920]  the cop directed him to go stand in the field. When he was directed to move away from his vehicle
[01:37:08.920 --> 01:37:14.920]  so that he could not leave the scene, now he's got an arrest for being detained beyond the stop.
[01:37:14.920 --> 01:37:22.840]  Okay. Yes, yes, absolutely. You were detained. The bottom line is they extended the scope
[01:37:22.840 --> 01:37:30.440]  and the duration of the traffic stop far beyond that which was necessary to issue you a warning
[01:37:30.440 --> 01:37:37.960]  citation for the license plate being blocked. Now, say, for example, if the guy had the canine with
[01:37:37.960 --> 01:37:45.800]  him, okay, and one officer was running the dog around your car while the other officer was
[01:37:45.800 --> 01:37:51.240]  writing a ticket to you for your license being blocked, then you wouldn't be able to do anything
[01:37:51.240 --> 01:37:56.440]  about it. But they made you sit there and wait 30 minutes to bring out the canine unit and there was
[01:37:56.440 --> 01:38:04.360]  no probable cause. They extended the scope and duration. That's a violation of the authority
[01:38:04.360 --> 01:38:09.960]  of law enforcement that has been interpreted by the Supreme Court per the Kabbalist ruling.
[01:38:09.960 --> 01:38:17.320]  And you may want to just look that up yourself, C-A-B-A-L-L-E-S. That was the Kabbalist case and
[01:38:17.320 --> 01:38:22.200]  I believe that was in 07, very recent Supreme Court ruling. Okay. Can I see the email address?
[01:38:22.840 --> 01:38:27.080]  Yes, just go to the website, ruleoflawradio.com, and click on the contact button, okay?
[01:38:27.080 --> 01:38:31.880]  Okay, thank you. Okay, great. Okay, we are going now to Neil in Texas.
[01:38:31.880 --> 01:38:35.080]  Neil, thanks for calling in. What is your question for us tonight?
[01:38:35.080 --> 01:38:43.800]  Uh, well, I got a traffic ticket this afternoon, or early, late this morning. I was pulled over
[01:38:44.360 --> 01:38:49.800]  for not having an inspection sticker by a Travis County constable.
[01:38:50.440 --> 01:38:53.320]  Okay, how long had the sticker been expired?
[01:38:53.320 --> 01:39:06.200]  Uh, I didn't have one on there, period. I had the windshield replaced, and the only thing that got
[01:39:06.200 --> 01:39:14.760]  transferred over was the license sticker. So it didn't have an inspection sticker on it.
[01:39:14.760 --> 01:39:18.360]  So was the, did you have an inspection that was current?
[01:39:18.360 --> 01:39:20.360]  No, I didn't.
[01:39:20.360 --> 01:39:37.160]  Okay, the statute says that it is a violation not to display. It's not a violation not to have it.
[01:39:37.960 --> 01:39:40.360]  It's a violation if you don't display it.
[01:39:41.720 --> 01:39:48.760]  Oh, I thought it was a violation if it was expired but being displayed.
[01:39:48.760 --> 01:39:55.160]  No, no. If it's a registration, it's a violation not to have it.
[01:39:55.720 --> 01:40:00.520]  But if it's an inspection, it's a violation not to display it.
[01:40:01.880 --> 01:40:03.080]  Been there, done that.
[01:40:04.120 --> 01:40:08.360]  So am I just going to just buy it?
[01:40:08.360 --> 01:40:13.400]  No, just go get an inspection. Generally, if you get an inspection within 10 days,
[01:40:13.400 --> 01:40:17.640]  you go down to court and you say, uh, I got an inspection. They'll charge you 10 bucks and
[01:40:17.640 --> 01:40:24.120]  dismiss. Okay. Or they might even let me, it says here they might let me take a
[01:40:25.240 --> 01:40:26.360]  defensive driving.
[01:40:26.360 --> 01:40:32.040]  No, no, no, not on this. This is not, it's not a moving violation. If you get it within 10 days
[01:40:32.040 --> 01:40:39.720]  and take it to them, they're required to, they can dismiss it even if you were guilty. If you
[01:40:39.720 --> 01:40:45.240]  get it taken care of, then they'll dismiss it and just charge you 10 bucks to cover their cost of
[01:40:45.240 --> 01:40:51.320]  missing with the paperwork. And whether I like it or not, uh, that's not, you know, that's not an
[01:40:51.320 --> 01:40:55.720]  obnoxious answer. You know, I'd pay them 10 bucks not to have a violation.
[01:40:55.720 --> 01:40:59.160]  So that's just the best course of action is just take care of it.
[01:40:59.160 --> 01:41:01.240]  Yeah. Pick your battles real careful.
[01:41:01.240 --> 01:41:06.600]  Yeah. Okay. All right. Good enough. Appreciate it.
[01:41:06.600 --> 01:41:13.480]  Okay. Thanks, Neil. Okay. We are going now to Hondo in Texas. Hondo, thank you for calling in.
[01:41:13.480 --> 01:41:15.240]  What is your question for us tonight?
[01:41:16.360 --> 01:41:24.920]  Uh, yes, I have some questions about, uh, trials. Um, there's examining trial, arraignment, pretrial,
[01:41:25.560 --> 01:41:33.960]  and I, I'm not real sure what all the difference is, what, what, uh, order they go in, et cetera.
[01:41:33.960 --> 01:41:40.200]  Um, the examining trial, if I'm not mistaken, that's where the magistrate examined into the,
[01:41:40.200 --> 01:41:46.360]  uh, probable cause for the arrest, right? And that should be the absolute very first
[01:41:47.320 --> 01:41:49.000]  trial or anything.
[01:41:49.000 --> 01:41:51.960]  Exactly. That's exactly what should happen first.
[01:41:51.960 --> 01:41:56.040]  Okay. And so that's what should happen when you appear on a citation, right?
[01:41:56.040 --> 01:42:01.000]  Yeah. You have the examining trial. If the magistrate finds probable cause,
[01:42:01.960 --> 01:42:07.640]  then he will afford the complaint to the court having subject matter jurisdiction.
[01:42:07.640 --> 01:42:12.120]  And then the court having subject matter jurisdiction will then convene an arraignment
[01:42:12.120 --> 01:42:19.000]  hearing. And the purpose of an arraignment hearing is for the purpose of determining
[01:42:19.000 --> 01:42:29.000]  the identity of the accused and taking a plea. And then any other hearings under 28.01 code of
[01:42:29.000 --> 01:42:34.200]  criminal procedure, that's the one that authorizes the judge to order you to come to court. He can
[01:42:34.200 --> 01:42:40.360]  order you to come to court for an arraignment hearing and all of the other things listed in
[01:42:40.360 --> 01:42:46.280]  there all amount to, uh, motion hearings. Okay.
[01:42:46.280 --> 01:42:49.480]  It lists different kinds of motions. It has to be for a motion hearing.
[01:42:49.480 --> 01:42:55.400]  I went to court here in Travis County and went up to the judge and said, your honor,
[01:42:55.400 --> 01:42:59.640]  you summoned me to court, but I have the summons here, but it doesn't tell me why you
[01:42:59.640 --> 01:43:04.840]  summoned me here. What am I doing here? She said, well, Mr. Kelton, we needed to find out if you
[01:43:04.840 --> 01:43:10.520]  had an attorney. Well, with all due respect, your honor, I have 28.01 code of criminal procedure,
[01:43:10.520 --> 01:43:14.840]  and it lists all those things you can order me to come to court for. Find out if I have
[01:43:14.840 --> 01:43:24.200]  an attorney is not one of them. That was fun, but it has to be everything other than arraignment
[01:43:24.200 --> 01:43:27.160]  is for some type of motion hearing. Okay.
[01:43:27.160 --> 01:43:37.400]  Okay. And, um, oh, there's your music. Yeah, just stay there, Hondo. We'll finish
[01:43:37.400 --> 01:43:41.560]  on the other side. All right, folks, moving right along here. We got one more segment
[01:43:41.560 --> 01:43:47.000]  left on the rule of law. Randy Kelton, Eddie Craig, Deborah Stevens, we're taking your
[01:43:47.000 --> 01:44:06.280]  phone calls. We'll be right back. Stronger immune power, improved sense of wellbeing.
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[01:45:59.960 --> 01:46:25.160]  Okay, folks, we are back.
[01:46:25.160 --> 01:46:33.480]  Final segment, we're speaking with Hondo in Texas. Okay, Hondo, please finish.
[01:46:34.120 --> 01:46:40.200]  Okay, so examining trial, you go before the magistrate. At that point, they don't have to
[01:46:40.200 --> 01:46:43.560]  have indictment or information. They don't necessarily have to have subject matter
[01:46:43.560 --> 01:46:47.080]  jurisdiction. They're just examining into the probable cause, right?
[01:46:47.080 --> 01:46:49.880]  At that point, they must have a criminal accusation.
[01:46:50.520 --> 01:46:55.080]  Okay, which would be the arresting officer is accusing you of something. That's all they
[01:46:55.080 --> 01:47:03.720]  need. Yes, they need. Okay, the citation is not a complaint. What they need is a criminal complaint.
[01:47:05.080 --> 01:47:15.080]  Okay. It is the criminal complaint that gives the, excuse me a second. It is the criminal
[01:47:15.080 --> 01:47:22.680]  complaint that gives the magistrate subject matter jurisdiction for the purpose of holding
[01:47:22.680 --> 01:47:30.760]  an examining trial. If at the examining trial, the magistrate finds probable cause, then he
[01:47:30.760 --> 01:47:36.920]  must produce an order showing that he finds probable cause, binding you to the court,
[01:47:36.920 --> 01:47:45.800]  releasing you on bail, whatever. And that's 1617 code of criminal procedure. And under 1620,
[01:47:45.800 --> 01:47:54.440]  he must produce a warrant. So you're arrested without a warrant. If he finds probable cause,
[01:47:54.440 --> 01:48:00.200]  then he must produce, must create a warrant. And it is that warrant that gives the state
[01:48:00.200 --> 01:48:08.440]  subject matter jurisdiction. They never do that. They just bypass that point.
[01:48:08.440 --> 01:48:13.400]  Yeah, I'm just deciding myself that how much stuff they just bypass conveniently. And I
[01:48:13.400 --> 01:48:21.880]  went into, I'm in Crockett County down in Arizona, and I went into today to appear and asked the
[01:48:21.880 --> 01:48:26.600]  clerk if I could see the judge. And she said, absolutely, which was shocking. So I went in to
[01:48:26.600 --> 01:48:33.880]  see the judge, the magistrate, and started talking to him. And he said, well, really, the state has
[01:48:33.880 --> 01:48:38.280]  a right to be represented. So we walked into the county attorney's office and started talking to
[01:48:38.280 --> 01:48:42.920]  the county attorney. He said, I'm going to just let y'all talk about it. And he left. So I sat
[01:48:42.920 --> 01:48:51.480]  with the county attorney. And she went into what she would offer me as far as a reduced
[01:48:53.720 --> 01:48:59.560]  fine, et cetera. And I told her that, you know, I don't, that's kind of just wasting her time
[01:48:59.560 --> 01:49:06.440]  because, you know, we need, the proper things are not in the file to grant held jurisdiction.
[01:49:06.440 --> 01:49:13.960]  And I'm here for an examining trial, and there's not a valid complaint. And she said, well,
[01:49:13.960 --> 01:49:20.360]  all we ever do is just file the ticket that they write you. And then if you plead not guilty,
[01:49:20.360 --> 01:49:25.880]  then we'll do a complaint, which is what the court procedure says that they do, which I understand
[01:49:25.880 --> 01:49:32.040]  is not right. But anyway, she said, yes, it would just be too much paperwork if we had to do a
[01:49:32.040 --> 01:49:36.760]  complaint right from the beginning. And we just do it this way. And I said, yeah, to be more
[01:49:36.760 --> 01:49:41.880]  expedient and try to keep this money machine going without piling up with paperwork. And she
[01:49:41.880 --> 01:49:47.960]  agreed with me. And I said, well, it's not going to be the case with me. And I told her, you know,
[01:49:47.960 --> 01:49:55.320]  I just left and said, I'll be sending in some motions. And so, I mean, these guys even knew
[01:49:55.320 --> 01:50:00.840]  what they were doing really. They can only do if you let them. They know it's wrong.
[01:50:00.840 --> 01:50:08.360]  Oh, it just drives me nuts. I'm a busy guy. You know, I got things to do other than be
[01:50:08.360 --> 01:50:11.480]  putting together motions and trying to make these people behave themselves.
[01:50:11.480 --> 01:50:12.440]  They count on that.
[01:50:13.560 --> 01:50:14.440]  I know it. They do.
[01:50:15.160 --> 01:50:24.200]  They use that. And from my perspective, whatever else happens, when I reach the end of this
[01:50:24.200 --> 01:50:32.520]  place I'm at here, I'm going to be able to look back and say at least one time I did the right
[01:50:32.520 --> 01:50:38.600]  thing for the right reasons, even though it was difficult, it was inconvenient, and it was costly.
[01:50:39.800 --> 01:50:44.600]  I am the steward of this system for my children and my grandchildren.
[01:50:46.120 --> 01:50:52.120]  I believe the same. Because my dad and my dad just like, why do you go through all this trouble?
[01:50:52.120 --> 01:50:59.640]  I know it's wrong, but I'm like, because it's wrong. I mean, we've got to get this fixed and
[01:50:59.640 --> 01:51:05.480]  everybody needs to jump in and do it so they'll stop. It's ridiculous. And it's not just the due
[01:51:05.480 --> 01:51:10.680]  process violations that are ridiculous. It's the fact that, you know, like with things I learned
[01:51:10.680 --> 01:51:16.920]  in Eddie's traffic seminar about the Texas driver's license, the one I have is not even
[01:51:16.920 --> 01:51:22.280]  there's not even defined in the transportation code. And they're writing me a ticket for being
[01:51:22.280 --> 01:51:30.440]  invalid. But it's ridiculous. If we don't, if some of us don't start fighting them
[01:51:31.800 --> 01:51:37.880]  and going after them, they're going to keep doing this. It won't take many of us.
[01:51:39.320 --> 01:51:44.200]  We start running in there as sovereigns and start grabbing them by their legal throats,
[01:51:44.200 --> 01:51:47.640]  start filing criminal complaints with a grand jury. Every time they turn around,
[01:51:48.280 --> 01:51:52.440]  we will get their attention. Can we file criminal complaints or judicial
[01:51:52.440 --> 01:51:57.720]  conduct complaint against the magistrate failing to perform his duties under 15.17 G,
[01:51:57.720 --> 01:52:04.680]  which says I'm coming in there in compliance with the citation and he doesn't perform his duties
[01:52:04.680 --> 01:52:11.720]  under 15.17 A and reading rights and et cetera. If a public official acting under the color,
[01:52:11.720 --> 01:52:18.280]  acting under the color, color, meaning pretense of his official capacity, fails to perform a
[01:52:18.280 --> 01:52:24.280]  duty he is required to perform or exerts or purports to exert an authority he does not
[01:52:24.280 --> 01:52:29.320]  expressly have. And in the process denies citizen full and free access to a drawing of any right.
[01:52:30.040 --> 01:52:35.160]  That's a class A misdemeanor in Texas. Well, that's what they definitely did
[01:52:35.160 --> 01:52:39.800]  because they didn't say anything about that. I have a right to an attorney,
[01:52:39.800 --> 01:52:44.520]  the right to not make a statement. Nothing was told to me when I went up there today
[01:52:44.520 --> 01:52:50.360]  and it should have been judicial conduct complaints, bar grievances against the attorney
[01:52:51.560 --> 01:52:58.200]  and criminal charges to the grand jury. I'm telling you, you will be amazed.
[01:52:59.000 --> 01:53:03.000]  You can turn off the TV and this is better entertainment.
[01:53:03.640 --> 01:53:08.280]  Oh yeah. I don't have time to watch TV. I don't know what's going on on TV,
[01:53:08.280 --> 01:53:18.680]  but I don't own one. Yeah, I shouldn't. And great. Another question I had, if you adjudicate
[01:53:18.680 --> 01:53:22.840]  these things, if they actually do go through due process correctly and we get to trial,
[01:53:22.840 --> 01:53:29.320]  you adjudicate and prove to them that the fact that you received a citation for an invalid driver's
[01:53:29.320 --> 01:53:34.280]  license is bogus. I don't have to have a driver's license. Am I going to have to do that all across
[01:53:34.280 --> 01:53:39.640]  the state every time somebody issues me a bogus citation on that fact? Yes, as long as you're the
[01:53:39.640 --> 01:53:45.720]  only one. Actually. If we can get more people to do it, if we can get one or two people in every
[01:53:45.720 --> 01:53:50.600]  county hammering these guys, going to grand juries, filing judicial conduct and criminal complaints.
[01:53:51.720 --> 01:53:55.160]  When you hammer one of these magistrates, everybody finds out about it.
[01:53:56.440 --> 01:54:03.640]  I had my justice of the peace in the county I lived in, went to a continuing training
[01:54:03.640 --> 01:54:07.560]  and in here in Travis County, this is when I was still in Wise County.
[01:54:08.840 --> 01:54:13.000]  And I went in to see him one day and he said he was down here and he did this training and
[01:54:14.600 --> 01:54:21.720]  Mr. Kelton, you're getting rather well known around the state. They found out where he was from
[01:54:21.720 --> 01:54:27.880]  and he had six different JPs asking if they knew me, if he knew me.
[01:54:27.880 --> 01:54:33.080]  So, you know, and they're telling everybody what I did to them. So this really gets around.
[01:54:33.080 --> 01:54:37.480]  So it's spreading around. It doesn't take many of us hammering these guys.
[01:54:38.440 --> 01:54:41.720]  When we hammer them, when I start filing criminal charges against them,
[01:54:42.840 --> 01:54:48.520]  you dial 911 and ask the police to come and arrest the justice of the peace,
[01:54:48.520 --> 01:54:56.040]  you really get his attention. And he tells everybody about it. So it really gets to the
[01:54:56.040 --> 01:54:58.680]  ground. It won't take many of us to change this system.
[01:54:59.320 --> 01:55:03.160]  Yeah. And I think we got to get control of these folks because of the way everything's going.
[01:55:04.040 --> 01:55:07.480]  I mean, you know, like you always say, you need to recognize a police aid when you see one.
[01:55:07.480 --> 01:55:10.280]  We've got to get control of these people because it's just getting worse.
[01:55:10.280 --> 01:55:14.680]  Precisely. Okay. We really need to move along. We've got two, three more calls.
[01:55:14.680 --> 01:55:18.280]  All right. Thanks, Tondo. Okay. We're going to go now to Gary in Georgia.
[01:55:19.080 --> 01:55:21.480]  Gary, you said you had something quick. What's up?
[01:55:21.480 --> 01:55:31.960]  Oh, yeah. What's up is the question about Randy about mortgages. And I would suggest that people
[01:55:31.960 --> 01:55:39.000]  get an abstractive title and you can get that from the American Title Association in Washington, D.C.
[01:55:39.800 --> 01:55:45.960]  It will show that your mortgage has already been paid. So you do your abstractive title and ask
[01:55:45.960 --> 01:55:53.480]  them, you know, to provide the title for you. And also, that a deed of trust is a security.
[01:55:54.280 --> 01:56:00.760]  So therefore, your attorneys, they never had personal knowledge of anything. They have no
[01:56:00.760 --> 01:56:11.800]  witnesses. They're committing felonies. And in my state, where public officials make false statements,
[01:56:11.800 --> 01:56:18.360]  it's a felony and it's a violation of our oath. Since it's quick, I'll let it go.
[01:56:18.360 --> 01:56:24.120]  Got some traffic things, but I guess it'll be tomorrow. Thank you, ma'am. Have a nice night.
[01:56:24.120 --> 01:56:27.640]  Thank you, Gary. That has to be a record for Gary.
[01:56:27.640 --> 01:56:29.720]  Any comments on what Gary said, Randy?
[01:56:29.720 --> 01:56:35.800]  Yes. Okay. He said the abstractive title from the deed of, okay, who was the,
[01:56:35.800 --> 01:56:37.080]  what was the organization in D.C.?
[01:56:37.080 --> 01:56:43.160]  All right. If you want me to slow down. I said it's quick.
[01:56:44.280 --> 01:56:45.240]  You were too quick.
[01:56:45.960 --> 01:56:54.040]  All right. So I go to the American Title Association, Google it. I did. And then you
[01:56:54.920 --> 01:57:04.760]  ask for the abstractive title because remember, they have to be insured by Title Company.
[01:57:04.760 --> 01:57:11.800]  I always mortgage it. And if it's, if it, you can't get the right person there to show,
[01:57:11.800 --> 01:57:17.240]  or that since it's been securitized, we do have a deed of trust, like a deed of trust state,
[01:57:17.240 --> 01:57:21.000]  this is security. And it's been sold by the time.
[01:57:21.000 --> 01:57:26.920]  Okay. Here's the concern. The title insurance only protects the title
[01:57:27.640 --> 01:57:31.240]  up until the point of consummation of the note.
[01:57:32.120 --> 01:57:32.840]  Okay.
[01:57:32.840 --> 01:57:40.280]  Once the note is signed, and this is an allegation we're making, after the note is signed,
[01:57:41.000 --> 01:57:51.640]  the lender sells the security instrument into a secondary market that clouds the title.
[01:57:52.920 --> 01:57:57.480]  So the, the borrower who paid for the title insurance is not protected
[01:57:57.480 --> 01:58:02.600]  past the point of sale. So they create a cloud on the title after point of sale,
[01:58:02.600 --> 01:58:08.040]  and then the holder of the title, and the borrower has no protection after that.
[01:58:09.800 --> 01:58:15.240]  Okay. Well, I was told that if you, if you get the abstractive title,
[01:58:16.040 --> 01:58:18.840]  then it will show the mortgage is already been paid.
[01:58:18.840 --> 01:58:22.120]  That I would, that I would very much like to see.
[01:58:22.120 --> 01:58:31.240]  Yes. So contact a title insurer, America, a title company that does title searches,
[01:58:31.960 --> 01:58:38.200]  because it has to be real owner. And so anyway, this is a, a, a
[01:58:38.200 --> 01:58:43.160]  hypothesization on my part. I have to do it myself, but I'm going to pass that on to you.
[01:58:43.160 --> 01:58:45.000]  Okay. Thank you very much, Gary.
[01:58:45.000 --> 01:58:50.040]  Okay. We're at the end of the show. Sorry, Jim had called back an anonymous police call back tomorrow
[01:58:50.040 --> 01:58:56.040]  for a four hour info marathon here on ruleoflawradio.com. We'll be back tomorrow night.
[01:59:50.040 --> 01:59:52.040]  It's a dream.