ROL_2011-01-14_16k_Hr1-2.timecode

[00:00.000 --> 00:04.320]  This news brief brought to you by the International News Net.
[00:04.320 --> 00:08.960]  Researchers have found toxic industrial chemicals in pregnant U.S. women.
[00:08.960 --> 00:13.000]  A University of California, San Francisco study released Friday
[00:13.000 --> 00:17.960]  uncovered traces of pesticides, ethers, flame retardants and other chemicals
[00:17.960 --> 00:21.640]  in the blood and urine of every pregnant woman tested.
[00:21.640 --> 00:26.840]  Lead author Tracy Woodruff said the research showed how easily these toxic substances,
[00:26.840 --> 00:31.880]  many of them banned in the 1970s, have endured in the environment and in human bodies.
[00:31.880 --> 00:38.520]  The American Civil Liberties Union argued before the U.S. Circuit Court of Appeals Thursday
[00:38.520 --> 00:43.800]  Iraqis and Afghans tortured while U.S. Defense Secretary Donald Rumsfeld
[00:43.800 --> 00:46.800]  was in command should have their day in court.
[00:46.800 --> 00:51.600]  The court previously ruled in a similar case Rumsfeld and others were immune
[00:51.600 --> 00:54.400]  from such suits because they were government officials.
[00:54.400 --> 00:58.320]  The ACLU's arguments were repeatedly rebuffed by the court.
[00:58.320 --> 01:04.880]  Efraim Diveroli, a 25-year-old arms dealer whose company once boasted
[01:04.880 --> 01:10.760]  a 300 million dollar Pentagon munitions contract was sentenced Monday to four years
[01:10.760 --> 01:15.880]  for trying to ship millions of rounds of Chinese-made ammunition to Afghan forces.
[01:15.880 --> 01:19.120]  Much of it was decades old and could have been faulty.
[01:19.120 --> 01:25.440]  While out on bail, Diveroli was arrested after attempting to broker another arms deal.
[01:25.440 --> 01:31.880]  New evidence based on geological records show large parts of the earth may be uninhabitable
[01:31.880 --> 01:35.760]  for thousands of years because of human-induced climate change.
[01:35.760 --> 01:41.480]  A new National Center for Atmospheric Research Study predicts that if society continues burning
[01:41.480 --> 01:47.280]  fossil fuels at the present rate, atmospheric levels of carbon dioxide could rise from the
[01:47.280 --> 01:53.280]  current level of 390 parts per million to 1,000 by the end of the century.
[01:53.280 --> 01:59.240]  Temperatures could rise by more than 10 degrees Fahrenheit before 2100, too fast for species
[01:59.240 --> 02:00.240]  to adapt.
[02:00.240 --> 02:06.480]  The U.S. Environmental Protection Agency Thursday revoked the permit granted to the Spruce Number
[02:06.480 --> 02:08.760]  One coal mine in West Virginia.
[02:08.760 --> 02:13.280]  The recalled permit would have allowed the mine operator to blast mountain tops covering
[02:13.280 --> 02:19.960]  over 2200 acres, dumping tons of mining waste into miles of waterways, killing aquatic life
[02:19.960 --> 02:22.280]  and compromising water quality.
[02:22.280 --> 02:27.600]  West Virginia's new Democratic Senator, Joe Manchin, ran a campaign showing him using
[02:27.600 --> 02:30.880]  EPA regulations in target practice.
[02:30.880 --> 02:36.600]  The much-anticipated decision brings to a close a 13-year struggle over the Spruce Number
[02:36.600 --> 02:37.600]  One mine.
[02:37.600 --> 02:43.680]  The U.S. Army Corps of Engineers initially approved Arch Coal's project in 2007, and
[02:43.680 --> 02:48.760]  the EPA, then led by a George Bush appointee, did not object.
[02:48.760 --> 02:53.960]  The decision marked the first time in the EPA's 40-year history the agency recalled
[02:53.960 --> 02:56.640]  a previously issued permit.
[02:56.640 --> 03:19.400]  Coal mining already underway in other areas of the Spruce site continues.
[03:56.640 --> 04:21.840]  Bad boys, bad boys.
[04:21.840 --> 04:26.240]  What are you going to do when we come for you?
[04:26.240 --> 04:38.680]  Here on the Rule of Law, ruleoflawradio.com, it is Friday, January 14th, and tonight is
[04:38.680 --> 04:46.280]  our four-hour info marathon that we do every Friday night here on the Rule of Law Radio.
[04:46.280 --> 04:49.440]  So get your questions prepared, get your calls lined up.
[04:49.440 --> 04:58.520]  For the first two hours tonight, Randy is going to do another presentation on due process.
[04:58.520 --> 05:02.000]  So folks, get your pens and pencils out and your notepads.
[05:02.000 --> 05:06.720]  If you want to take notes, also it will be posted on the archive, will be posted later
[05:06.720 --> 05:07.720]  this evening.
[05:07.720 --> 05:09.720]  After that, we'll be taking your calls.
[05:09.720 --> 05:12.000]  So okay, Randy, take it away.
[05:12.000 --> 05:16.040]  We've done this a few times already, but I think it's good to continue to go over this.
[05:16.040 --> 05:18.920]  Yeah, we need, this is important to go back over.
[05:18.920 --> 05:24.640]  It should take about two hours to present this, and then we'll go to calls.
[05:24.640 --> 05:31.240]  Okay, I will present due process from the perspective of Texas law because that's what
[05:31.240 --> 05:34.360]  I'm primarily familiar with.
[05:34.360 --> 05:42.800]  However, the penal laws and civil and criminal code and civil code across the United States
[05:42.800 --> 05:50.400]  is relatively consistent, and that's been a push by the federal government to have all
[05:50.400 --> 05:57.160]  states have their laws in paramateria with one another.
[05:57.160 --> 06:03.620]  They want a person to be able to move from one state to another and have a pretty good
[06:03.620 --> 06:07.460]  idea of when they're violating the law and when they're not.
[06:07.460 --> 06:17.060]  So while I'll present this from specifically Texas law, Texas law follows federal constitution
[06:17.060 --> 06:23.160]  and the issues I'll be presenting also follow federal constitution.
[06:23.160 --> 06:33.000]  If you are arrested for any reason with or without a warrant, the officer has a duty
[06:33.000 --> 06:40.520]  under 1406 code of criminal procedure to take you directly to the nearest magistrate.
[06:40.520 --> 06:51.400]  Now, an officer can arrest you without a warrant on a, for an on-site offense prior to 1965
[06:51.400 --> 06:59.320]  in Texas, they could only arrest you for a breach of the peace or a felony on site.
[06:59.320 --> 07:06.880]  After 1965, the legislature decided that the police could arrest you for anything.
[07:06.880 --> 07:11.960]  And that's what started the police state we exist in now.
[07:11.960 --> 07:18.280]  But right now, under the statutes of Texas, a policeman can arrest you for any on-site
[07:18.280 --> 07:21.520]  offense.
[07:21.520 --> 07:29.200]  He is directed if he does so to take you directly to the nearest magistrate and explain him
[07:29.200 --> 07:31.160]  himself.
[07:31.160 --> 07:37.160]  It's not that the courts don't trust the police.
[07:37.160 --> 07:43.840]  It was done this way because it was intended that the police and the public not be at odds
[07:43.840 --> 07:50.800]  with one another, that they exist in a partnership, partner relationship.
[07:50.800 --> 07:59.040]  And in order to keep the public from having a reason to fear the police, the police were
[07:59.040 --> 08:02.200]  given the power to arrest but not to imprison.
[08:02.200 --> 08:05.920]  The key to the jailhouse door was given to a magistrate.
[08:05.920 --> 08:13.080]  This provision was put in place in 1216 when the duke struck the king down to the River
[08:13.080 --> 08:20.720]  Thames and told him either sign the Magna Carta or we cut your head off.
[08:20.720 --> 08:23.480]  I'm not sure which was the best choice.
[08:23.480 --> 08:27.120]  Maybe they should have cut his head off and then signed it themselves.
[08:27.120 --> 08:32.360]  But at any rate, the requirement to take a person arrested before a magistrate has been
[08:32.360 --> 08:40.000]  in place all this time and it has functioned very well.
[08:40.000 --> 08:45.480]  Round 1965, everything began to change.
[08:45.480 --> 08:56.320]  The laws began to change and the police began to become more and more militaristic and policies
[08:56.320 --> 08:59.760]  changed although the law didn't.
[08:59.760 --> 09:06.120]  Policy says that they're to take you to jail, book you, run you through that whole routine
[09:06.120 --> 09:10.960]  and then take you to a magistrate whenever they get around to it.
[09:10.960 --> 09:17.720]  Well under the law, a police officer's only defense against an allegation of false imprisonment
[09:17.720 --> 09:22.480]  for failure to timely take before a magistrate is a showing of due diligence and effort to
[09:22.480 --> 09:25.120]  locate.
[09:25.120 --> 09:31.920]  If anyone is arrested and taken to jail rather than a magistrate, the first thing I suggest
[09:31.920 --> 09:37.440]  they do is put in an information request to the department, whatever department arrested
[09:37.440 --> 09:46.600]  him and demand that the department produce the names and contact information for every
[09:46.600 --> 09:53.360]  magistrate in the county and every magistrate in every surrounding county.
[09:53.360 --> 10:02.560]  Now what you will undoubtedly get is a reply from the agency saying that we do not have
[10:02.560 --> 10:10.880]  this information and we are not required to gather information we do not already have
[10:10.880 --> 10:18.200]  and that's exactly what you want to get because what it will show is not only did the police
[10:18.200 --> 10:25.800]  officer not take you to the nearest magistrate, he didn't even know who they were, that it
[10:25.800 --> 10:34.800]  is a matter of policy to violate law and under Hall v. State, a policy no matter how well
[10:34.800 --> 10:41.760]  entrenched may have the semblance of law but it never takes on the authority of law.
[10:41.760 --> 10:47.280]  If something is illegal no matter how often they do it, it does not all of a sudden become
[10:47.280 --> 10:55.240]  legal so a policeman is required to take you directly to the nearest magistrate.
[10:55.240 --> 11:00.600]  When you are taken before the magistrate, in every state I have been in they talk about
[11:00.600 --> 11:07.080]  a magistration, I don't know where they come up with that, they just made it up because
[11:07.080 --> 11:14.640]  it's not what's in the codes, in all the codes everyone I have looked at says the same thing
[11:14.640 --> 11:22.320]  but the magistrate before whom you are taken is required to hold an examining trial.
[11:22.320 --> 11:29.720]  If anyone here has ever saw the program Night Court, Night Court was a comedy but constitutionally
[11:29.720 --> 11:36.680]  it was dead on and it's close to the way it's still done in New York, in New York they don't
[11:36.680 --> 11:41.400]  do it immediately but they do actually have an examining trial, that's the only state
[11:41.400 --> 11:45.000]  I've seen that actually does that.
[11:45.000 --> 11:52.080]  It was intended that if you are arrested with or without a warrant that you are to be taken
[11:52.080 --> 11:58.920]  to a magistrate and the magistrate is to examine into the sufficiency of the allegation.
[11:58.920 --> 12:06.080]  And in Chapter 16, Code of Criminal Procedure, the whole chapter defines what must be done
[12:06.080 --> 12:09.160]  in an examining trial.
[12:09.160 --> 12:15.640]  Magistrates in Texas are trained to do what they call a magistration, part of what's contained
[12:15.640 --> 12:20.080]  in Article 1570 in Code of Criminal Procedure, they think all they have to do is read you
[12:20.080 --> 12:26.760]  your rights when in fact there's a whole chapter defining what they are to do.
[12:26.760 --> 12:33.520]  Article 210 defines the duties of magistrates, it shall be the primary duty of the magistrate
[12:33.520 --> 12:38.840]  to keep the peace in the county by all lawful means, he'll issue warrants and so forth,
[12:38.840 --> 12:49.480]  to 11, when a magistrate sits for the purpose of examining into a criminal accusation that
[12:49.480 --> 12:53.320]  is an examining trial.
[12:53.320 --> 13:01.440]  Now where they come up with magistration I don't know because it's not in the Code anywhere.
[13:01.440 --> 13:05.020]  That word is not in the Code anywhere.
[13:05.020 --> 13:11.560]  We find the word mentioned in case law, but nowhere is it defined in Code.
[13:11.560 --> 13:18.880]  Examining trial is very clearly defined in Code, has several hundred years of history,
[13:18.880 --> 13:24.640]  but somehow everybody in the courthouse has forgotten about that one, well except me,
[13:24.640 --> 13:27.140]  I remember that one.
[13:27.140 --> 13:34.880]  And when I finish this part I'll demonstrate what you can do about it, what you can do
[13:34.880 --> 13:40.960]  when they don't follow these laws that are very clearly written to direct them in their
[13:40.960 --> 13:42.800]  behavior.
[13:42.800 --> 13:47.040]  When you're brought before a magistrate, the magistrate must advise you of your rights
[13:47.040 --> 13:52.160]  and advise you that you have a right to counsel.
[13:52.160 --> 13:55.920]  However in Texas if it's a classy misdemeanor they'll tell you you don't have a right to
[13:55.920 --> 13:56.920]  counsel.
[13:56.920 --> 14:03.780]  And if Eddie was here I'd have him walk through the statutes on how the magistrate or a justice
[14:03.780 --> 14:09.840]  of the peace is not allowed to appoint counsel, and since they're not allowed to appoint counsel
[14:09.840 --> 14:12.320]  they'll tell you you don't have a right to one.
[14:12.320 --> 14:20.520]  When in fact the Code clearly directs a magistrate who's not allowed to appoint counsel to send
[14:20.520 --> 14:30.240]  you to a magistrate who is allowed to appoint counsel, which is a county or district judge.
[14:30.240 --> 14:32.960]  Somehow they forget to do that in Texas.
[14:32.960 --> 14:35.760]  Well if you're arrested you're taken to jail.
[14:35.760 --> 14:43.880]  Now what I maintain is, is that when a police officer makes an arrest without regard to
[14:43.880 --> 14:51.520]  whether the arrest was proper and legal or not, if the officer puts you in the patrol
[14:51.520 --> 15:00.600]  car, gets in the car, turns the key, starts the car and points it toward the jail, having
[15:00.600 --> 15:08.240]  made no due diligent effort to locate a magistrate, he's committed aggravated kidnapping.
[15:08.240 --> 15:13.120]  Now I know that sounds kind of radical, but I didn't make it up.
[15:13.120 --> 15:15.200]  I just read the law.
[15:15.200 --> 15:21.760]  The law says, you know in Texas there's no false imprisonment statute.
[15:21.760 --> 15:27.700]  The statute is kidnapping if you hold someone against their will.
[15:27.700 --> 15:35.600]  Now the officer can hold someone against their will in a proper arrest, however if after
[15:35.600 --> 15:44.720]  the arrest is made the officer violates a law relating to his office, he becomes a trespasser
[15:44.720 --> 15:51.880]  ab initio from the beginning and all of his acts are defeated.
[15:51.880 --> 15:59.360]  Therefore, when he arrests you and makes no effort to locate a magistrate as he's required
[15:59.360 --> 16:08.640]  to do by 14.06 quota code procedure and instead follows policy and takes you directly to jail,
[16:08.640 --> 16:13.400]  he has violated a law relating to his office and in the process denied you the full and
[16:13.400 --> 16:15.600]  free access to or enjoyment of a right.
[16:15.600 --> 16:22.280]  In Texas that's official oppression 39.03 penal code, but since he is restricting you
[16:22.280 --> 16:32.140]  at your liberty, that is kidnapping and since he is at the time of committing the act of
[16:32.140 --> 16:38.560]  kidnapping displaying a deadly weapon, if you commit the act of kidnapping whilst displaying
[16:38.560 --> 16:45.960]  a deadly weapon that's aggravated kidnapping, 20 to life, we will go into aggravated assault
[16:45.960 --> 16:50.360]  and various and sundry other crimes, when we get back on the other side this is Randy
[16:50.360 --> 16:55.720]  Kelton, Deborah Stevens, Eddie Craig, Wheel of Law Radio and we'll start taking calls
[16:55.720 --> 17:02.280]  in the third hour, we'll be right back.
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[18:49.720 --> 18:58.680]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.680 --> 18:59.680]  collectors now.
[19:28.680 --> 19:42.760]  I'm always on the lookout for something to soothe my soul So I sit back and I watch the
[19:42.760 --> 20:00.680]  evidence unfold And I see justice is the dog Justice is the dog The guy who fell a little
[20:00.680 --> 20:04.760]  too far at sea And we got to get back on the horseman
[20:04.760 --> 20:09.880]  So we go out and ride the beat From the man that came home from the beach
[20:09.880 --> 20:14.040]  I did not blow up his computer, by the way, no matter what he says.
[20:14.040 --> 20:20.240]  Anyway, we were talking about aggravated kidnapping.
[20:20.240 --> 20:26.160]  Now you'll notice that police will arrest you for anything they can think of, no matter
[20:26.160 --> 20:33.720]  how technical, no matter how minuscule, no matter how unlikely to get a conviction.
[20:33.720 --> 20:44.200]  So fair is fair, and I have some case law that says that if the courts hold an individual
[20:44.200 --> 20:51.480]  to the letter of the law, it must hold itself to that self-same letter.
[20:51.480 --> 20:55.920]  So when the officer fails to perform a duty, he's required to perform and in the process
[20:55.920 --> 21:00.640]  to deny the citizen full and free access to him during the right, violation of 39.03 penal
[21:00.640 --> 21:08.680]  code in every state I've looked in so far has a statute that reflects this code.
[21:08.680 --> 21:14.840]  The statute in the Fed is 18 U.S. Code 242, the Ku Klux Klan Act.
[21:14.840 --> 21:17.800]  Ku Klux Klan Act had two parts.
[21:17.800 --> 21:22.280]  The first part was 18 U.S. Code 242 that made it a crime for public officials to violate
[21:22.280 --> 21:24.480]  law in the office.
[21:24.480 --> 21:33.640]  The second part was codified into 42 U.S. Code 1983, which rendered the public official
[21:33.640 --> 21:36.800]  subject to civil litigation.
[21:36.800 --> 21:39.360]  We're not going to talk about civil litigation.
[21:39.360 --> 21:48.160]  I think civil litigation is a waste of time because the courts consistently protect their
[21:48.160 --> 21:52.880]  fellow public officials at all costs.
[21:52.880 --> 21:57.640]  And we're going to talk about the criminal side where the courts don't have quite so
[21:57.640 --> 22:01.640]  much leverage and I'll explain why in a bit.
[22:01.640 --> 22:08.000]  Okay, the officer makes the arrest, then he can do that.
[22:08.000 --> 22:18.080]  But when a police officer straps on his authority and puts on that loaded pistol, he takes on
[22:18.080 --> 22:21.960]  a very serious responsibility.
[22:21.960 --> 22:26.360]  Now they wear that pistol all the time, they get used to it and they forget what a big
[22:26.360 --> 22:28.240]  deal it is.
[22:28.240 --> 22:36.560]  Every time a police officer orders me to do something, the first thing I ask it, that
[22:36.560 --> 22:40.360]  pistol you're carrying, is that pistol loaded?
[22:40.360 --> 22:42.880]  And they always say, yes, it is.
[22:42.880 --> 22:46.320]  You fixing to pull that pistol on me?
[22:46.320 --> 22:49.760]  And they generally say, not unless I have to.
[22:49.760 --> 22:56.680]  And that's enough of a threat for me to make the accusation of aggravated assault.
[22:56.680 --> 22:58.400]  And I've done that a lot of times.
[22:58.400 --> 23:05.360]  I never got anybody prosecuted for it, but I sure get police officers being very careful
[23:05.360 --> 23:06.800]  with me.
[23:06.800 --> 23:14.240]  Okay, when the police officer makes the arrest, cranks the cruiser, points it toward the jail.
[23:14.240 --> 23:19.120]  Having made no due diligence effort to locate a magistrate and acting in furtherance of
[23:19.120 --> 23:23.320]  established policy, he commits a number of crimes.
[23:23.320 --> 23:26.640]  The first one's aggravated, kidnapping.
[23:26.640 --> 23:33.920]  And if in the process of making the arrest, he put his hands on you and you found the
[23:33.920 --> 23:43.160]  presence of his hands on you offensive, if you didn't invite the touch, but was subjected
[23:43.160 --> 23:49.480]  to it against your will, that's simple assault by definition of the term.
[23:49.480 --> 23:53.600]  According to the penal code of state of Texas, if you commit simple assault whilst displaying
[23:53.600 --> 23:57.000]  a deadly weapon, that's a class B misdemeanor.
[23:57.000 --> 23:58.000]  I'm sorry.
[23:58.000 --> 24:01.640]  That's a second degree felony.
[24:01.640 --> 24:14.520]  However, if you commit, let's see it, the statute is 2402-BA2, I believe.
[24:14.520 --> 24:20.400]  21, I think, Randy, isn't it?
[24:20.400 --> 24:23.120]  No, no, I think it's 22 or 24.
[24:23.120 --> 24:40.000]  I think assault is 2204, and this is in, simple assault is 2201, aggravated assault is 2204.
[24:40.000 --> 24:50.520]  It's a class B misdemeanor, except 2BA, it's 2204B2A, there's B2A and B2B.
[24:50.520 --> 24:59.080]  Now, B2B goes to if someone commits assault against a public official while they're acting
[24:59.080 --> 25:07.240]  in the color of their authority, while displaying a deadly weapon, that's a first degree felony.
[25:07.240 --> 25:16.480]  But that's B. A says, if the person is a public official acting under the color of official
[25:16.480 --> 25:22.760]  authority, it is a first degree felony, 20 to life.
[25:22.760 --> 25:29.480]  I looked in Lexis and Westlaw for annotations on this statute.
[25:29.480 --> 25:35.640]  Now, on B2B, I've got thousands of hits.
[25:35.640 --> 25:41.040]  The most it'll show you is 3,000, and it maxed out at 3,000.
[25:41.040 --> 25:47.000]  And B2A, zero.
[25:47.000 --> 25:50.120]  Now you have to understand how profound that is.
[25:50.120 --> 25:56.440]  There's a guy I know here in Austin, that's who everybody gets close to.
[25:56.440 --> 26:06.760]  I ran his name on Lexis and got every suit he filed, everything, so just about everything
[26:06.760 --> 26:15.880]  is filed in the courts on Lexis, zero, not one hit anywhere in the United States on aggravated
[26:15.880 --> 26:20.600]  assault by a public official while acting under the color of their authority.
[26:20.600 --> 26:26.360]  They all call this excessive use of force.
[26:26.360 --> 26:28.800]  There is no such statute.
[26:28.800 --> 26:31.640]  That's just something they decided to call it.
[26:31.640 --> 26:38.240]  The real criminal act is very well defined in law, and it's a first degree felony, 20
[26:38.240 --> 26:39.240]  to life.
[26:39.240 --> 26:43.440]  And I really like charging them with it.
[26:43.440 --> 26:46.320]  So you've got aggravated kidnapping, 20 to life.
[26:46.320 --> 26:50.440]  You've got aggravated assault, 20 to life.
[26:50.440 --> 26:56.960]  And another issue, when they put you in the patrol car and crank it and point it towards
[26:56.960 --> 27:07.760]  the jail, they commit a criminal act and they create a due process tort against you.
[27:07.760 --> 27:12.120]  Now you can't sue a governmental entity.
[27:12.120 --> 27:15.640]  They have sovereign immunity.
[27:15.640 --> 27:20.560]  They're absolutely immune from suit, except in certain instances where they waive their
[27:20.560 --> 27:22.020]  immunity.
[27:22.020 --> 27:27.720]  And there is one place that the state of Texas and all the governmental entities in Texas
[27:27.720 --> 27:30.640]  waive their sovereign immunity.
[27:30.640 --> 27:38.160]  And that's in the case where a tort is committed against a citizen by a public official while
[27:38.160 --> 27:46.720]  operating a motorized piece of equipment belonging to the state or the county or the political
[27:46.720 --> 27:50.760]  subdivision, whatever it is.
[27:50.760 --> 27:59.280]  Well, for the most part, if a police officer arrests you somewhere in the county, if he
[27:59.280 --> 28:06.480]  had to walk or ride a horse, he would take you directly to the nearest magistrate because
[28:06.480 --> 28:09.760]  they'd be a lot closer.
[28:09.760 --> 28:16.440]  And that's the exact reason why magistrates are spread around the county, JPs.
[28:16.440 --> 28:21.600]  You have JPs in different precincts, so back when we didn't have automobiles, if a police
[28:21.600 --> 28:27.320]  officer arrested someone, he had a nearby magistrate he could take the person to, and
[28:27.320 --> 28:32.280]  that's why all mayors were made magistrates, so magistrates would be available for this
[28:32.280 --> 28:33.280]  purpose.
[28:33.280 --> 28:38.560]  But since they got automobiles, that became inconvenient.
[28:38.560 --> 28:42.440]  Well, the problem is Heath Boyd.
[28:42.440 --> 28:45.320]  Heath Boyd's 1921 case.
[28:45.320 --> 28:48.840]  He's running a maintainer, cutting the road, and the guy that owned the property come out
[28:48.840 --> 28:51.000]  and said, hey, you got to quit cutting that road.
[28:51.000 --> 28:52.000]  That's my property.
[28:52.000 --> 28:53.000]  He said, I ain't going to quit cutting this road.
[28:53.000 --> 28:54.000]  My boss told me to cut this road.
[28:54.000 --> 28:57.720]  He said, you better quit cutting that road, or I'll call the sheriff and have him arrest
[28:57.720 --> 28:58.720]  you.
[28:58.720 --> 29:01.480]  He said, you'll have to, because I'm going to keep cutting his road.
[29:01.480 --> 29:03.320]  So they called the sheriff.
[29:03.320 --> 29:05.880]  Sheriff come out from Corpus Christi, told him, quit cutting the road.
[29:05.880 --> 29:07.360]  He said, no, he's not going to quit cutting the road.
[29:07.360 --> 29:08.360]  The boss fired him.
[29:08.360 --> 29:12.080]  He said, well, if you don't quit cutting that road, I'm going to arrest you.
[29:12.080 --> 29:13.080]  He said, you'll have to.
[29:13.080 --> 29:16.800]  So you get off that maintainer, you get in your car, and you follow me to my office.
[29:16.800 --> 29:22.080]  And he did, 26 miles away to Corpus Christi.
[29:22.080 --> 29:23.520]  Problem.
[29:23.520 --> 29:31.160]  There was a magistrate six miles away in a small town to which he did not take the person.
[29:31.160 --> 29:32.320]  This is 1921.
[29:32.320 --> 29:34.880]  The guy won 500 bucks from the sheriff.
[29:34.880 --> 29:37.680]  He held him 45 minutes and released it.
[29:37.680 --> 29:39.880]  That was enough.
[29:39.880 --> 29:45.600]  He had to take him directly to the nearest magistrate, Heath Boyd is still good law.
[29:45.600 --> 29:51.880]  Randy Kelton, Deborah Stevens, Eddie Craig, New Law Radio.
[29:51.880 --> 29:55.080]  We'll be doing this for another hour and a half, two hours.
[29:55.080 --> 29:57.640]  And we'll start taking calls in the third hour.
[29:57.640 --> 30:00.800]  We'll be right back.
[30:00.800 --> 30:06.040]  Christ fed the multitude with only one loaf of bread, poor people, there's something for
[30:06.040 --> 30:07.040]  you.
[30:07.040 --> 30:12.040]  This is on Caribbean, One Love Kitchen, on the banks of Colorado River, at 3109 East
[30:12.040 --> 30:17.480]  First Street is where you find One Love Kitchen, jerk chicken, vegetarian, restaurant, Monday
[30:17.480 --> 30:21.640]  through Wednesday, lunch and dinner, five dollars, Friday and Saturday, we got late
[30:21.640 --> 30:26.880]  night with Empress Town Crew, still five dollar plates, jerk chicken and vegetarian plates
[30:26.880 --> 30:32.040]  to beat One Love Kitchen, Austin, Texas.
[30:32.040 --> 30:35.000]  TV screens are popping up at stores across the country.
[30:35.000 --> 30:39.400]  They run interesting video clips and serve up tempting ads, but many are hiding a dark
[30:39.400 --> 30:41.400]  secret behind their harmless looking panels.
[30:41.400 --> 30:46.080]  I'm Dr. Catherine Albrecht and I'll tell you more in just a moment.
[30:46.080 --> 30:51.400]  Your search engine is watching you, recording all your searches and creating a massive database
[30:51.400 --> 30:53.160]  of your personal information.
[30:53.160 --> 30:54.380]  That's creepy.
[30:54.380 --> 30:56.480]  But it doesn't have to be that way.
[30:56.480 --> 30:59.600]  Startpage.com is the world's most private search engine.
[30:59.600 --> 31:03.720]  Startpage doesn't store your IP address, make a record of your searches or use tracking
[31:03.720 --> 31:06.000]  cookies and they're third party certified.
[31:06.000 --> 31:10.480]  If you don't like big brother spying on you, start over with Startpage.
[31:10.480 --> 31:13.280]  Great search results and total privacy.
[31:13.280 --> 31:16.960]  Startpage.com, the world's most private search engine.
[31:16.960 --> 31:21.320]  Video displays in stores and public spaces might be watching you back.
[31:21.320 --> 31:26.120]  Called digital signage systems, many use hidden cameras to scope out your age and gender to
[31:26.120 --> 31:28.480]  deliver targeted ads and videos.
[31:28.480 --> 31:32.720]  A middle-aged woman might see a clip promoting soy milk while a teenage boy might see an
[31:32.720 --> 31:34.080]  ad for a sports drink.
[31:34.080 --> 31:39.360]  As people come and go, the systems document customer reactions and dwell time.
[31:39.360 --> 31:44.020]  While companies claim they anonymize images to protect privacy, facial recognition systems
[31:44.020 --> 31:47.920]  could be used in the future to see exactly who's watching what.
[31:47.920 --> 31:51.760]  If you find this offensive, vote with your pocketbook and spend your hard-earned cash
[31:51.760 --> 31:53.520]  at more privacy-friendly stores.
[31:53.520 --> 31:55.400]  I'm Dr. Catherine Albrecht.
[31:55.400 --> 32:03.280]  More news and information at CatherineAlbrecht.com.
[32:55.400 --> 33:02.400]  Okay, we're back.
[33:02.400 --> 33:07.000]  Randy Kelton, David Stevens, Eddie Craig, Rule of Law Radio, and we're talking about
[33:07.000 --> 33:08.000]  Heath Boyd.
[33:08.000 --> 33:13.400]  Heath Boyd's 1921 case, it's still good law.
[33:13.400 --> 33:19.760]  The requirement to take a person directly to the magistrate is still in law.
[33:19.760 --> 33:25.680]  And I have been researching these issues for 30-some-odd years now.
[33:25.680 --> 33:28.600]  I don't like to think how long.
[33:28.600 --> 33:32.920]  I started out in 1981 when I spent the night in jail for driving a headlight out.
[33:32.920 --> 33:35.260]  That did not seem right.
[33:35.260 --> 33:42.820]  So once I got out, I got the penal code and code of criminal procedure and I read them.
[33:42.820 --> 33:43.820]  And I'm an engineer.
[33:43.820 --> 33:45.720]  To me, they were tech manuals.
[33:45.720 --> 33:51.880]  I read them both and then looked at what they were actually doing and I thought, have I
[33:51.880 --> 33:55.360]  stepped through the looking glass?
[33:55.360 --> 34:08.040]  How can the law be so clear and so well structured but the practice be so incredibly different?
[34:08.040 --> 34:14.480]  I thought I must have missed something and I spent the next 15 years looking for what
[34:14.480 --> 34:21.240]  I missed and I finally figured out I hadn't missed a thing.
[34:21.240 --> 34:27.560]  Every step is presently practiced in the state of Texas from arrest to trial is not only
[34:27.560 --> 34:34.760]  wrong, it is very specifically against particular law.
[34:34.760 --> 34:39.080]  And I can demonstrate that and I will demonstrate that here with what an attorney would call
[34:39.080 --> 34:43.280]  specificity and particularity.
[34:43.280 --> 34:49.080]  Not only that it's wrong, but why it's done the way it's done.
[34:49.080 --> 34:56.000]  It is not by chance that all of these things are done the way they are.
[34:56.000 --> 35:01.480]  They're all engineered toward one very simple outcome.
[35:01.480 --> 35:06.520]  All of these steps are engineered to place a person accused of crime in a position such
[35:06.520 --> 35:18.840]  that he has no reasonable option other than take a deal because the system is absolutely
[35:18.840 --> 35:21.840]  corrupt.
[35:21.840 --> 35:29.240]  I'll demonstrate exactly how it's corrupt and then we'll talk about how to fix it.
[35:29.240 --> 35:36.440]  Officer commits aggravated kidnapping, aggravated assault and then he transports you to the
[35:36.440 --> 35:41.120]  jail and puts you in the hands of the jailers.
[35:41.120 --> 35:48.480]  Now according to the case law, the officer has a duty to take you directly to the nearest
[35:48.480 --> 35:56.280]  magistrate and if he transfers you to the custody of somebody else, the custody attaches
[35:56.280 --> 36:05.640]  to the other person, but the responsibility does not leave the officer.
[36:05.640 --> 36:15.680]  So he's still responsible whether or not the people in whose custody he places you takes
[36:15.680 --> 36:21.640]  you before a magistrate within a reasonable time.
[36:21.640 --> 36:29.600]  And it is standard practice and accepted procedure for the jailer to make no attempt to locate
[36:29.600 --> 36:30.600]  a magistrate.
[36:30.600 --> 36:34.200]  Last time I was arrested was when I was at the Secretary of State's building and asked
[36:34.200 --> 36:38.960]  for an app of steel, they didn't like my document so refused to give me one, I called 911, asked
[36:38.960 --> 36:45.240]  the police to arrest the clerk for Class A misdemeanor, official oppression, violation
[36:45.240 --> 36:51.560]  3903 Penal Code, well they wanted to jerk me around instead and wound up arresting me.
[36:51.560 --> 36:57.760]  Took me to jail, they took me inside the jail and these jailers said you need to stand right
[36:57.760 --> 37:01.240]  here and you need to take out a few watches and rings and all your wallet and all that
[37:01.240 --> 37:07.680]  blah blah blah and I said take me directly to the nearest magistrate.
[37:07.680 --> 37:14.400]  And to their credit in Travis County these guys were very pleasant and relatively easy
[37:14.400 --> 37:15.400]  to get along with.
[37:15.400 --> 37:19.640]  They said well we can't do that, we have to do this booking procedure, I understand that
[37:19.640 --> 37:23.320]  but take me directly to the nearest magistrate.
[37:23.320 --> 37:30.280]  They said look I told you I can't do that and then I said that video camera up there
[37:30.280 --> 37:31.280]  is it turned on?
[37:31.280 --> 37:32.280]  He said yes it is.
[37:32.280 --> 37:37.480]  I looked up in the video camera and I said take me directly to the nearest magistrate.
[37:37.480 --> 37:41.200]  Now he's getting a little annoyed and he said look I have to run you through the booking
[37:41.200 --> 37:43.440]  procedure, I don't have any option.
[37:43.440 --> 37:49.000]  I said I know that but I had to ask and you had to refuse.
[37:49.000 --> 37:58.800]  He said okay, every person I talk to, first words out of my mouth take me directly to
[37:58.800 --> 38:04.640]  the nearest magistrate and I didn't get taken to the nearest magistrate.
[38:04.640 --> 38:13.840]  We talked here before about Earing Boy, Judge Jenkins, municipal judge Jenkins I eventually
[38:13.840 --> 38:20.720]  went before him and we had an interesting little give and take but it is the standard
[38:20.720 --> 38:23.480]  practice to take you to jail and run you through a booking procedure.
[38:23.480 --> 38:31.800]  Well under Gerstein Pugh, the controlling case is a Florida case, it says that it would
[38:31.800 --> 38:38.560]  be better that all people, if all people were arrested, were arrested on an existing warrant
[38:38.560 --> 38:45.040]  but it is a reasonable compromise to allow police officers to arrest for an on-site offense
[38:45.040 --> 38:50.040]  and to allow the officer to hold the person for a reasonable amount of time.
[38:50.040 --> 38:54.920]  That amount of time it takes to ensure the safety of the officer and protect against
[38:54.920 --> 38:57.800]  the escape of the accused.
[38:57.800 --> 39:05.520]  Once those goals are accomplished, the authority of the officer to hold evaporates.
[39:05.520 --> 39:14.440]  He must get the person before a magistrate for an examination, not a magistration it
[39:14.440 --> 39:18.840]  says examination.
[39:18.840 --> 39:27.480]  Well it's not done and there is other case law that says that an officer can arrest
[39:27.480 --> 39:31.320]  and detain you but they cannot punish you.
[39:31.320 --> 39:35.120]  You cannot be punished until after you are convicted of a crime.
[39:35.120 --> 39:40.440]  In this case you haven't even been accused of a crime, you have simply been arrested.
[39:40.440 --> 39:46.240]  You are not accused until you are brought before a magistrate and a criminal accusation
[39:46.240 --> 39:48.760]  is put in the hand of the magistrate.
[39:48.760 --> 39:53.240]  Well they take you to jail, put you in the hands of the jailers.
[39:53.240 --> 40:01.640]  The jailers now become culpable for the acts of the arresting officer.
[40:01.640 --> 40:10.400]  Now granted the jailers are not necessarily the patrol officers and for the most part
[40:10.400 --> 40:15.760]  they don't know squat, too bad.
[40:15.760 --> 40:23.040]  Culpability does not go to whether or not you intended to commit a crime or even whether
[40:23.040 --> 40:28.520]  or not you even knew you were committing a crime.
[40:28.520 --> 40:36.400]  Culpability goes to the intent of your action and in this case it was the intent of the
[40:36.400 --> 40:41.560]  jailer to continue your imprisonment.
[40:41.560 --> 40:47.840]  When he did not know it was a false imprisonment is his problem.
[40:47.840 --> 40:50.600]  He needed to check.
[40:50.600 --> 40:56.960]  He did not have a warrant handed to him from a magistrate so that would give him reasonable
[40:56.960 --> 41:02.280]  cause to believe that you had not been taken before a magistrate.
[41:02.280 --> 41:08.400]  And therefore it was his duty to do that as quickly as possible.
[41:08.400 --> 41:10.360]  But he made no attempt.
[41:10.360 --> 41:18.960]  Now they'll say they followed policy, but my take on policy is if a bunch of people
[41:18.960 --> 41:31.240]  get together and enter into an agreement amongst them to commit acts that violate law, that
[41:31.240 --> 41:35.000]  is called a criminal conspiracy.
[41:35.000 --> 41:42.800]  I think if I remember right that's chapter 12 of the Texas Penal Code covers conspiracy.
[41:42.800 --> 41:53.680]  So these individuals all get together at their training and their bosses train them in how
[41:53.680 --> 41:57.600]  to violate law.
[41:57.600 --> 42:04.960]  Well the way I read it, that's criminal conspiracy and the jailers did the same thing when they
[42:04.960 --> 42:06.120]  were trained.
[42:06.120 --> 42:11.520]  That wasn't a proper training, that was criminal conspiracy to commit.
[42:11.520 --> 42:19.400]  And the jailers intended to continue your incarceration.
[42:19.400 --> 42:25.680]  That made them criminally culpable for the acts of the police officer.
[42:25.680 --> 42:30.880]  And the fact they failed to take you directly to the nearest magistrate also violates a
[42:30.880 --> 42:38.360]  law relating to their office, 14.06, that makes them culpable for a violation of 39.03
[42:38.360 --> 42:41.840]  Penal Code, official oppression.
[42:41.840 --> 42:44.000]  And then it gets more interesting.
[42:44.000 --> 42:49.360]  They run you through the booking process, put you in a cell, and then they bring you
[42:49.360 --> 42:52.000]  before this magistrate.
[42:52.000 --> 42:56.320]  Well they did that to me in Williamson County when I called 911 and asked them to come down
[42:56.320 --> 43:03.240]  to arrest the district attorney, and again they decided to arrest me instead.
[43:03.240 --> 43:09.360]  They brought me before this magistrate and he had this folder in front of him and I said
[43:09.360 --> 43:14.720]  to your honor, I see you have a folder there in front of you, he said, yes I do.
[43:14.720 --> 43:17.760]  Does that folder have any information about me in it?
[43:17.760 --> 43:20.620]  He said, yes it does.
[43:20.620 --> 43:26.000]  I said, where did you get that?
[43:26.000 --> 43:30.880]  And he kind of sat back in his chair, he was kind of surprised by the question.
[43:30.880 --> 43:35.120]  He said, Mr. Keltner, I'm not sure I know what you're talking about.
[43:35.120 --> 43:37.400]  Who gave that to you?
[43:37.400 --> 43:39.720]  He was an attorney.
[43:39.720 --> 43:41.280]  At that point he got it.
[43:41.280 --> 43:47.400]  And when we come back from the other side, I'll explain where we're going there and why
[43:47.400 --> 43:53.200]  the magistrate got very, very tense at that point in the conversation.
[43:53.200 --> 43:59.000]  Randy Kelton, Denver Stevens, Eddie Craig, Wheel of Law Radio, we'll be right back.
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[46:15.920 --> 46:36.800]  Thank you.
[46:36.800 --> 46:44.800]  Time to be no glutton, I'm just here making my living pushing buttons
[46:45.800 --> 46:50.800]  I give my message out to anyone in short and distance
[46:51.800 --> 46:56.800]  Both for bravery and against slavery, show your resistance
[46:57.800 --> 47:01.800]  First I'm crawling, then I'm walking, then I start strutting
[47:01.800 --> 47:06.800]  I'm just so glad to make my living pushing buttons
[47:19.800 --> 47:23.800]  We sat down to play Monopoly, we all wanted to win the game
[47:24.800 --> 47:29.800]  We gave some guy his money supply, nothing I've been thinking this brain
[47:29.800 --> 47:34.800]  Okay we're back, Randy Kelton, Debra Stevens, Eddie Craig, Rule of Law Radio
[47:35.800 --> 47:40.800]  And we were talking about where did you get those documents
[47:41.800 --> 47:45.800]  You see here's a problem, the judge is holding a hearing
[47:46.800 --> 47:52.800]  And under 1603 Code of Criminal Procedure in an examining trial
[47:52.800 --> 47:58.800]  The rules of evidence apply
[47:59.800 --> 48:02.800]  And before evidence is submitted to the court
[48:03.800 --> 48:09.800]  It must be shown to the opposing side and they get opportunity to object
[48:10.800 --> 48:15.800]  Well the magistrate had evidence that had been filed into the court
[48:16.800 --> 48:18.800]  Because he had it in his hand
[48:18.800 --> 48:23.800]  And when that happened, I wasn't there
[48:24.800 --> 48:29.800]  And the magistrate when you're brought before him will advise you of your rights
[48:30.800 --> 48:34.800]  Advise you of your right to counsel while he's denying you the right to counsel
[48:35.800 --> 48:40.800]  And will advise you of the bail that's been set
[48:40.800 --> 48:48.800]  So my question is, when did you hold the examining trial?
[48:49.800 --> 48:53.800]  And a magistrate can do three things as a magistrate
[48:54.800 --> 48:56.800]  Now every judge is a magistrate
[48:57.800 --> 49:02.800]  But magistrate is a separate duty, separate from the judicial duty
[49:03.800 --> 49:07.800]  Mayors are also magistrates and recorders
[49:07.800 --> 49:16.800]  Recorders are municipal judges, they're magistrates
[49:17.800 --> 49:19.800]  And they have three things they can do, they can marry people
[49:20.800 --> 49:23.800]  That's one of the things they put in there so the magistrates can make a few extra bucks
[49:24.800 --> 49:28.800]  They can hold an examining trial and they can set bail
[49:29.800 --> 49:34.800]  Under 17.05 Code of Criminal Procedure a magistrate can set bail
[49:34.800 --> 49:43.800]  It says, bail is taken by a magistrate after an examining trial
[49:44.800 --> 49:49.800]  It doesn't say after a magistration or some other stuff they make up
[49:50.800 --> 49:53.800]  It says after an examining trial
[49:54.800 --> 50:00.800]  Chapter 16 states all of the things that must be done in an examining trial
[50:00.800 --> 50:06.800]  And one of the things that must be done is the rules of evidence must be abided by
[50:07.800 --> 50:14.800]  So where did he get those documents and when did he hold the examining trial wherein bail was set?
[50:15.800 --> 50:24.800]  In an examining trial like a night court
[50:24.800 --> 50:29.800]  In that they demonstrated exactly how it's supposed to be done
[50:30.800 --> 50:38.800]  The person's arrested, he's held just for as long as it takes to have counsel appointed for the purpose of this hearing alone
[50:39.800 --> 50:44.800]  And then the arresting officer and the accused comes before the court
[50:45.800 --> 50:51.800]  The prosecutor makes the case for prosecution
[50:51.800 --> 50:56.800]  Prosecution, the defense makes a case for dismissal
[50:57.800 --> 51:01.800]  And the judge determines whether or not the person must stand and answer
[51:02.800 --> 51:07.800]  That's how it's supposed to be done and all the rules of evidence apply just like in any hearing
[51:08.800 --> 51:14.800]  And one of the rules is the judge doesn't get to have an ex parte communication with the prosecution
[51:14.800 --> 51:24.800]  All communication concerning the case must occur in open court with the accused present and accused counsel present if he has counsel
[51:25.800 --> 51:30.800]  So I asked the judge, where did you get that? Who gave that to you?
[51:31.800 --> 51:41.800]  At the time I wasn't, this is no time to fight with the judge, we worked him over later, Deborah was with me when we worked him over
[51:41.800 --> 51:51.800]  But the judge held an ex parte hearing and denied me and my right to a public hearing, a public court
[51:52.800 --> 51:55.800]  I think that's 1.24 Code of Criminal Procedure
[51:56.800 --> 52:04.800]  In so doing he violated a law relating to his office and in the process denied me full and free access to the enjoyment of a right
[52:05.800 --> 52:08.800]  That goes to Constitution
[52:08.800 --> 52:21.800]  And that's under the penal code, that's 39.03 again, everyone should have official oppression or official misconduct memorized
[52:22.800 --> 52:24.800]  It's sort of a catch all
[52:25.800 --> 52:34.800]  It says if a public official violates a law relating to his office, any law, and denies the citizen a right
[52:34.800 --> 52:38.800]  That's a Class A misdemeanor, he can get up to six months in jail for it
[52:39.800 --> 52:52.800]  So the magistrate advises me of the bail that's been set, that's what happened in the case with Municipal Judge Jenkins, the one we call Earring Boy
[52:53.800 --> 53:00.800]  And in that case I told him I wanted to post bail and not obey, he advised me of what the bond was
[53:00.800 --> 53:03.800]  And I told him I don't want to post a bond, I want to post bail
[53:04.800 --> 53:14.800]  I'm prepared to present an affidavit to the court stating that I am worth, exclusive of all encumbrances, at least twice the amount of the fines in the case
[53:15.800 --> 53:17.800]  And I will swear to that on my oath
[53:18.800 --> 53:20.800]  He said, we don't do that here
[53:21.800 --> 53:23.800]  Oh, you don't do that here
[53:23.800 --> 53:29.800]  You're aware that is a constitutional right
[53:30.800 --> 53:32.800]  Yes, but we don't do that here
[53:33.800 --> 53:35.800]  Well, we'll see about that
[53:36.800 --> 53:41.800]  So in that case they let me out on a personal recognizance bond
[53:42.800 --> 53:45.800]  But they did not let me out on bail
[53:46.800 --> 53:50.800]  And I had a constitutional right to that, everybody has a constitutional right to bail
[53:50.800 --> 53:56.800]  But it is, as a matter of course, denied to almost everyone
[53:57.800 --> 53:59.800]  And that's a crime on the part of the judge
[54:00.800 --> 54:09.800]  And then after the hearing, under 1730 Code of Criminal Procedure, 17.30, under certification of proceedings
[54:10.800 --> 54:15.800]  The magistrate shall seal all documents had in the hearing
[54:15.800 --> 54:19.800]  Cause his name to be written across the seal of the envelope
[54:20.800 --> 54:23.800]  And forward it to the clerk of the court of jurisdiction
[54:24.800 --> 54:27.800]  Well, that never happens
[54:28.800 --> 54:30.800]  Or it may happen in Williamson County now
[54:31.800 --> 54:35.800]  After what Deborah did to the county attorney
[54:36.800 --> 54:41.800]  But what they do is they give the paperwork back to the jailer and they leave
[54:41.800 --> 54:49.800]  So we don't know what's in that paperwork, what's valid, what's not
[54:50.800 --> 54:56.800]  Because it was not placed in the custody of the clerk of the court for safekeeping
[54:57.800 --> 55:01.800]  It was given to the jailer and they gave it to the prosecuting attorney
[55:02.800 --> 55:06.800]  If you've been arrested in Texas and most every other state I've ever been to
[55:06.800 --> 55:15.800]  Immediately after getting out of jail, if you go to the clerk of the court and ask to see the records
[55:16.800 --> 55:17.800]  You're not going to find any
[55:18.800 --> 55:32.800]  I went to the sheriff's department and requested the names of all persons arrested and held for any period of time at the Wise County Jail
[55:32.800 --> 55:39.800]  And the sheriff at the time was someone I ran against when I ran for sheriff
[55:40.800 --> 55:45.800]  He really was a good sheriff, he was a pretty young guy, in his mid to late twenties
[55:46.800 --> 55:53.800]  I sat down with him and he said, Mr. Kelton, do you mind if I ask you why you want to see those?
[55:54.800 --> 55:56.800]  Now he didn't ask me why
[55:56.800 --> 56:01.800]  He asked me if I minded that if he asked
[56:02.800 --> 56:07.800]  Now if he asked me why I wanted to see them, I would have dialed 911
[56:08.800 --> 56:16.800]  Because under the Open Records Act, the custodian of the record may make two inquiries of the requester
[56:17.800 --> 56:22.800]  He may inquire into his identity and the records sought
[56:22.800 --> 56:35.800]  Any other request of the requester is in violation of 552 Government Code, the Open Records Act
[56:36.800 --> 56:42.800]  And the Open Records Act is not a civil statute, it's criminal statute
[56:43.800 --> 56:48.800]  Right there at the end it says, violation of the Act is an official misconduct, Class A misdemeanor
[56:48.800 --> 56:57.800]  So if I can get a public official to ask me why I want to see something, that gets a 911 call really fast
[56:58.800 --> 57:00.800]  And I've done that a lot of times
[57:01.800 --> 57:03.800]  And you really get people's attention when you do that
[57:04.800 --> 57:11.800]  We've only got two hours so I'm not going to go into the really cool stories I got about doing that to them
[57:11.800 --> 57:17.800]  But that's the only request they can make of you, so I lost my place
[57:18.800 --> 57:25.800]  The magistrate is required to seal all those documents and send them to the clerk of the court
[57:26.800 --> 57:29.800]  But the state gives them to the jailer and the jailer gives them to the prosecutor
[57:30.800 --> 57:36.800]  The reason he does that is the prosecutor doesn't want these in the court record yet
[57:36.800 --> 57:41.800]  Because he wants an opportunity to make a deal
[57:42.800 --> 57:46.800]  He wants the opportunity to squeeze you so he can squeeze a deal out of you
[57:47.800 --> 57:52.800]  Once he gets a deal out of you, then he'll file the paperwork with the court with the deal
[57:53.800 --> 57:58.800]  Because he may want to deal down and have a different charge than what's in the actual record
[57:59.800 --> 58:02.800]  So I talked to the sheriff and asked to see all of these documents
[58:02.800 --> 58:08.800]  And when he asked me why, I told him I'm going to go check the court record
[58:09.800 --> 58:12.800]  And if I don't find these records in the court record for everyone that's not there
[58:13.800 --> 58:15.800]  I'm going to petition for writ of habeas corpus in Austin
[58:16.800 --> 58:19.800]  And you're going to have to come before the court and show why these people are being held
[58:20.800 --> 58:24.800]  And the only place you can show it by is the court record and there isn't one
[58:25.800 --> 58:29.800]  So when you do that I want to be there so I can watch you squirm
[58:29.800 --> 58:34.800]  The sheriff said, well Mr. Kelton, you're a really pleasant fellow
[58:35.800 --> 58:36.800]  Oh yeah, you're going to love this
[58:37.800 --> 58:43.800]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig, Reel Law Radio
[58:44.800 --> 58:48.800]  I'm going to try to move this right along, I've got a lot of ground to cover and only an hour left
[58:48.800 --> 58:58.800]  So we'll get right on it when we come back on the other side
[58:59.800 --> 59:02.800]  The Bible remains the most popular book in the world
[59:03.800 --> 59:06.800]  Yet countless readers are frustrated because they struggle to understand it
[59:07.800 --> 59:10.800]  Some new translations try to help by simplifying the text
[59:11.800 --> 59:15.800]  But in the process can compromise the profound meaning of the scripture
[59:15.800 --> 59:17.800]  Enter the recovery version
[59:18.800 --> 59:21.800]  First, this new translation is extremely faithful and accurate
[59:22.800 --> 59:26.800]  But the real story is the more than 9,000 explanatory footnotes
[59:27.800 --> 59:30.800]  Difficult and profound passages are opened up in a marvelous way
[59:31.800 --> 59:36.800]  Providing an entrance into the riches of the word beyond which you've ever experienced before
[59:37.800 --> 59:41.800]  Bibles for America would like to give you a free recovery version simply for the asking
[59:41.800 --> 59:52.800]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:53.800 --> 59:56.800]  Or by ordering online at freestudybible.com
[59:57.800 --> 59:59.800]  That's freestudybible.com
[01:00:00.800 --> 01:00:03.800]  This news brief brought to you by the International News Network
[01:00:04.800 --> 01:00:08.800]  Former U.S. President Jimmy Carter, who's observing the South Sudan separation referendum
[01:00:08.800 --> 01:00:12.800]  Reported Thursday the vote was compatible with international standards
[01:00:13.800 --> 01:00:19.800]  It's widely believed South Sudanese would choose to separate from the North in the referendum now entering its fifth day
[01:00:20.800 --> 01:00:28.800]  Carter also suggested creditors cancel Sudan's debts to give a chance to both North and South to receive new funds
[01:00:29.800 --> 01:00:32.800]  Congress is quietly preparing to extend the Patriot Act
[01:00:32.800 --> 01:00:41.800]  The original law passed shortly after 9-11 unleashed a new era of government spying and indefinite detentions for anyone accused of terrorism
[01:00:42.800 --> 01:00:50.800]  The new bill introduced by Representative Mike Rogers, virtually identical to the extension Congress approved last year, is expected to pass
[01:00:50.800 --> 01:01:01.800]  Italian Prime Minister Silvio Belascone is being investigated for allegedly having sex with an underage prostitute and then trying to cover up the encounters
[01:01:02.800 --> 01:01:07.800]  When the prostitute was arrested in May for shoplifting, Belascone phoned police and ordered her release
[01:01:08.800 --> 01:01:12.800]  He told police the girl was the granddaughter of Egypt's president, to which the magistrate responded,
[01:01:13.800 --> 01:01:17.800]  If she's Mubarak's granddaughter, I'm Queen Nefertiti of the Nile
[01:01:17.800 --> 01:01:25.800]  Tunisia's President Zine El Abidine Ben Ali has fled the country after promising reforms and firing the government
[01:01:26.800 --> 01:01:28.800]  Unions launched a general strike Friday
[01:01:29.800 --> 01:01:35.800]  Earlier Ben Ali called for new elections within six months amid violent clashes between protesters and police
[01:01:36.800 --> 01:01:39.800]  At least 13 people have been killed by police in the past two days
[01:01:39.800 --> 01:01:47.800]  Unemployment and the high cost of food have aggravated the protests as well as Wiki leaked reports of corruption reported by the US ambassador
[01:01:48.800 --> 01:01:56.800]  Earlier this week, Ben Ali promised to institute widespread reforms, introduce more freedoms into society and investigate the killings of protesters
[01:01:56.800 --> 01:02:08.800]  While Tunisia's state media reported Ben Ali's latest attempts at placating the uprising, police fired tear gas at protesters outside the interior ministry in Tunis
[01:02:09.800 --> 01:02:17.800]  An environmental group gave notice Thursday it will sue the US government for failing to protect polar bears habitat from oil and gas development
[01:02:17.800 --> 01:02:33.800]  The Centre for Biological Diversity gave notice to Interior Secretary Ken Salazar after the Interior Department designated more than 187,000 square miles around the Beaufort and Chukchi seas as polar bear critical habitats
[01:02:34.800 --> 01:02:44.800]  But at the same time, its agencies have authorized oil leasing in the Chukchi Sea and are considering a proposal to allow Shell oil to drill next summer in the Beaufort Sea
[01:02:44.800 --> 01:02:55.800]  The group's Alaska representative Rebecca Noblin said, Interior seems profoundly confused about whether to actually protect polar bear critical habitat or sacrifice it to oil companies
[01:03:14.800 --> 01:03:24.800]  It's all according to the will of the Almighty
[01:03:25.800 --> 01:03:34.800]  I read his book and he says he cares not for the unsightly
[01:03:34.800 --> 01:03:44.800]  These warmongers come by that term rightly
[01:03:45.800 --> 01:03:54.800]  I won't pay for the war with my body Ain't gonna pay for their car with my money
[01:03:54.800 --> 01:04:04.800]  I won't pay for the fun with my body Their plans wicked and their logic shoddy Ain't gonna pay for the oil with my body
[01:04:05.800 --> 01:04:11.800]  I won't pay for the boys with my money Ain't gonna pay for the kids with my body
[01:04:11.800 --> 01:04:27.800]  Okay, this is Randy Kelton, Debra Steven, Eddie Craig, New World Radio. We were talking about what the magistrate is supposed to do after an examining trial
[01:04:28.800 --> 01:04:37.800]  One of the things he's supposed to do immediately after the examining trial is to prepare an order showing whether or not he found probable cause
[01:04:37.800 --> 01:04:44.800]  And if you were arrested without a warrant, he must prepare a warrant
[01:04:45.800 --> 01:04:54.800]  And immediately after arrest, he must make that a warrant available for public inspection
[01:04:54.800 --> 01:05:10.800]  Now, in Travis County, they actually do that. They create the 1617 order, they create the warrant, and they make the warrant available for public inspection
[01:05:11.800 --> 01:05:15.800]  Now, that's the only county I've ever seen that does that
[01:05:15.800 --> 01:05:27.800]  There may be others, there's 245 counties in Texas, but I've seen a lot of them and I've never seen this followed anywhere other than Travis County
[01:05:28.800 --> 01:05:37.800]  It's always good to have one doing it right because that's precedent, that's showing that somebody knows this is how it should be done
[01:05:37.800 --> 01:05:48.800]  Most every other county, you can't find a warrant. Robert Fox was arrested in Cherokee County and it took me almost a week to locate the warrant
[01:05:49.800 --> 01:05:52.800]  And I racked up criminal charges against everybody
[01:05:53.800 --> 01:06:03.800]  And this is essentially what we do. I tell people that if we're going to get this legal system back, we're going to have to start filing criminal charges
[01:06:03.800 --> 01:06:08.800]  And they say, well, how can I find criminal charges? I tell them that's not the problem
[01:06:09.800 --> 01:06:11.800]  The problem is not finding criminal charges to file
[01:06:12.800 --> 01:06:22.800]  The problem is digging through the pile and figuring out which ones you want to file because you'll get more than you could possibly get to
[01:06:23.800 --> 01:06:27.800]  Considering what we've talked about so far, it should be clear
[01:06:27.800 --> 01:06:32.800]  Right now we have aggravated kidnapping, aggravated assault against a police officer
[01:06:33.800 --> 01:06:35.800]  We have official oppression against a police officer
[01:06:36.800 --> 01:06:45.800]  We have all of these crimes against the jailers, anyone who touched you, anyone who had anything to do with your incarceration is equally guilty
[01:06:46.800 --> 01:06:48.800]  We have criminal conspiracy against all of them
[01:06:48.800 --> 01:07:05.800]  And now we have separate acts of official oppression against the jailer and the magistrate for holding and examining trial while secreting you from that trial, holding you in jail
[01:07:06.800 --> 01:07:12.800]  For having ex parte communication with the judge
[01:07:12.800 --> 01:07:17.800]  And then we have the judge committing a felony tampering with the government document
[01:07:18.800 --> 01:07:24.800]  Instead of giving the documentation from the examining trial to the clerk of the court, it gives it to the prosecutor and attorney
[01:07:25.800 --> 01:07:32.800]  I was looking through the district court criminal cases in Wise County where I was from
[01:07:32.800 --> 01:07:45.800]  And I came across a number of cases that didn't show, the only thing in the file was the indictment and the deal
[01:07:46.800 --> 01:07:51.800]  No criminal complaint, no statement, no nothing
[01:07:52.800 --> 01:07:58.800]  You don't know if the person was ever accused of a crime because there's no criminal complaint in the court record
[01:07:58.800 --> 01:08:03.800]  I was recently thrown out of the Tom Delay case when I filed a writ habeas corpus
[01:08:04.800 --> 01:08:08.800]  The reason I filed writ habeas corpus is no one ever accused Tom Delay of a crime
[01:08:09.800 --> 01:08:12.800]  He was prosecuted and no one ever accused him of any crime
[01:08:13.800 --> 01:08:20.800]  He was indicted by a grand jury but there was no crime to indict him for
[01:08:20.800 --> 01:08:28.800]  And he used Dick DeGaron and I don't know what it is with Dick DeGaron, people think he's a hot shot attorney
[01:08:29.800 --> 01:08:31.800]  The only thing I ever hear about Dick DeGaron doing is lose him
[01:08:32.800 --> 01:08:37.800]  He lost to the Branch Davidians, he just got Tom Delay three years in prison
[01:08:38.800 --> 01:08:40.800]  But nobody ever accused him of a crime
[01:08:41.800 --> 01:08:48.800]  Anyway, after the examining trial the magistrate is required to forward the records to the clerk of the court
[01:08:48.800 --> 01:08:56.800]  If he doesn't do that, that's an act in violation of 37.10 Texas Penal Code and it's felony in the state of Texas
[01:08:57.800 --> 01:08:58.800]  It's tampered with the government document
[01:08:59.800 --> 01:09:08.800]  Now when you go down to the clerk's office, they're real quick to let you know that if you secret any of these documents from the clerk
[01:09:09.800 --> 01:09:11.800]  It's felony, they always have a sign up on the wall warning you of that
[01:09:12.800 --> 01:09:14.800]  Somebody needed to tell the magistrate that
[01:09:14.800 --> 01:09:21.800]  That if you secret a government document from the person or office it's directed to, that's a felony in Texas
[01:09:22.800 --> 01:09:28.800]  Well, when they arrested me in Williamson County, that's exactly what happened
[01:09:29.800 --> 01:09:39.800]  So I went down there and Deborah was with me and I asked to see my records and the complaint wasn't in there
[01:09:39.800 --> 01:09:43.800]  The records of the magistrate wasn't in there, so I asked them where they at
[01:09:44.800 --> 01:09:46.800]  And they said, well they didn't know
[01:09:47.800 --> 01:09:49.800]  Well, you need to know, if you don't have them, who would have them?
[01:09:50.800 --> 01:09:51.800]  They said, well the prosecuting attorney might have them
[01:09:52.800 --> 01:09:58.800]  So we went down there and they brought out this little prosecutor and he had this folder in his hand
[01:09:59.800 --> 01:10:03.800]  And I'm wanting to know where these records are
[01:10:03.800 --> 01:10:11.800]  I had already given them an open records request for all records collected and maintained by the department
[01:10:12.800 --> 01:10:17.800]  That are specifically referenced by Article 17.30 Code of Criminal Procedure
[01:10:18.800 --> 01:10:22.800]  And generally when they first look at it they have no idea what I'm talking about
[01:10:23.800 --> 01:10:26.800]  And in this case he didn't until I explained it to him
[01:10:26.800 --> 01:10:33.800]  That after the examining trial the magistrate is required to seal all these records in an envelope
[01:10:34.800 --> 01:10:39.800]  before the clerk of the court of jurisdiction and that's to ensure the chain of custody
[01:10:40.800 --> 01:10:45.800]  But the clerk of the court of jurisdiction doesn't have them, do you know where they're at?
[01:10:46.800 --> 01:10:53.800]  And when you find them, whoever has them, I'm going to want you to take my allegations
[01:10:53.800 --> 01:10:56.800]  of felony tampering with the government document against them
[01:10:57.800 --> 01:11:02.800]  And Deborah said, that file he's got in his hand, isn't that what you're looking for?
[01:11:03.800 --> 01:11:11.800]  And then she asked the prosecutor, that file, does it have any records in there from the magistrate?
[01:11:12.800 --> 01:11:18.800]  And he looked down at that file and it kind of looked like the file was on fire
[01:11:19.800 --> 01:11:21.800]  Because he was trying not to hold on to it too tight
[01:11:21.800 --> 01:11:25.800]  And he was clearly in one of those positions like these commercials
[01:11:26.800 --> 01:11:30.800]  Wish he were somewhere else? He certainly wished he was somewhere else
[01:11:31.800 --> 01:11:36.800]  And when she asked him, are there any records in that file from the magistrate?
[01:11:37.800 --> 01:11:41.800]  And he said, well, yeah, I suppose so
[01:11:42.800 --> 01:11:45.800]  And then Deborah stopped talking and stepped back
[01:11:45.800 --> 01:11:50.800]  Well, Deborah's listening, but I'll get in trouble for this
[01:11:51.800 --> 01:11:55.800]  But Deborah stopped talking and stepped back, I'm thinking, what is going on?
[01:11:56.800 --> 01:12:01.800]  And then it dawned on me, she got him to cop to a felony
[01:12:02.800 --> 01:12:05.800]  And once she got him to do that, she stopped talking
[01:12:06.800 --> 01:12:08.800]  She didn't give him an opportunity to argue his way out of it
[01:12:08.800 --> 01:12:17.800]  But it was shortly after that, I was at a municipal court in Liberty Hill
[01:12:18.800 --> 01:12:21.800]  And the chief of police told us that there was new law down
[01:12:22.800 --> 01:12:31.800]  Now when the court holds a magistration, they send all of the records to the clerk of the court
[01:12:32.800 --> 01:12:34.800]  I thought there's nothing new about that
[01:12:34.800 --> 01:12:39.800]  But we just hammered the prosecutor and he didn't want to get prosecuted for felony tampering
[01:12:40.800 --> 01:12:42.800]  So they changed their policy
[01:12:43.800 --> 01:12:45.800]  And we'll get to why that's important later
[01:12:46.800 --> 01:12:49.800]  Okay, when the magistrate fails to forward the records to the clerk of the court
[01:12:50.800 --> 01:12:56.800]  They go to the prosecuting attorney and the prosecuting attorney holds them trying to get a deal
[01:12:57.800 --> 01:13:00.800]  When I went through the records in Wise County, I found one case
[01:13:00.800 --> 01:13:06.800]  The only thing in the file was the indictment and the deal
[01:13:07.800 --> 01:13:09.800]  And they were both filed the same day
[01:13:10.800 --> 01:13:17.800]  And in the deal, the guy got 468 days time served
[01:13:18.800 --> 01:13:23.800]  And I thought, how on earth did he do that?
[01:13:23.800 --> 01:13:31.800]  Only one way he did that, they arrested this guy, threw him in jail
[01:13:32.800 --> 01:13:34.800]  And didn't send the records to the clerk of the court
[01:13:35.800 --> 01:13:38.800]  And the prosecutor just dropped the ball
[01:13:39.800 --> 01:13:41.800]  This guy wouldn't take a deal
[01:13:42.800 --> 01:13:50.800]  He sat in jail 469 days before he finally took a deal
[01:13:50.800 --> 01:13:53.800]  He may well have been there forever
[01:13:54.800 --> 01:13:57.800]  I was stoned in jail in Wise County once
[01:13:58.800 --> 01:14:02.800]  There was a kid in there who had been there 39 days for stealing a hat from Walmart
[01:14:03.800 --> 01:14:06.800]  When I was stoned in jail, that was the time the sheriff's deputy tried to kill me
[01:14:07.800 --> 01:14:09.800]  And arrested me to cover up for what he did
[01:14:10.800 --> 01:14:12.800]  39 days for stealing a hat from Walmart
[01:14:13.800 --> 01:14:18.800]  So I called a friend of mine and had him go on my computer and download a motion for quarter point counsel
[01:14:18.800 --> 01:14:20.800]  Motion for quarter point counsel
[01:14:21.800 --> 01:14:26.800]  And he came down and they called this kid out and he signed it
[01:14:27.800 --> 01:14:31.800]  He took it to the clerk of the court and the clerk of the court said, well, I can't take this
[01:14:32.800 --> 01:14:34.800]  I don't have a file on this guy
[01:14:35.800 --> 01:14:39.800]  So the kid's sitting in jail, he's been there for almost 40 days, 39 days
[01:14:40.800 --> 01:14:44.800]  And the clerk doesn't know he exists
[01:14:44.800 --> 01:14:49.800]  He is essentially in a state of legal limbo
[01:14:50.800 --> 01:14:55.800]  And he will be in a state of legal limbo until the prosecuting attorney squeezes a deal out of him
[01:14:56.800 --> 01:14:59.800]  And then the prosecutor will file the paperwork with the clerk of the court
[01:15:00.800 --> 01:15:02.800]  Along with the deal
[01:15:03.800 --> 01:15:07.800]  So it gives the prosecuting attorney opportunity to put the squeeze on you
[01:15:08.800 --> 01:15:10.800]  You have no rights
[01:15:10.800 --> 01:15:15.800]  You are stuck in this limbo and there's probably a lot of people out there that's been arrested
[01:15:16.800 --> 01:15:20.800]  And they can't file motions, they can't do anything
[01:15:21.800 --> 01:15:24.800]  Because there's no record that you exist
[01:15:25.800 --> 01:15:29.800]  But you're still on bond, you're still restricted at your liberty
[01:15:30.800 --> 01:15:35.800]  And that's why I was going to file a writ of habeas corpus for all of these people who had been arrested
[01:15:35.800 --> 01:15:39.800]  And there was no record with the clerk of the court
[01:15:40.800 --> 01:15:46.800]  And that's why the magistrate's required to send it to the clerk of the court
[01:15:47.800 --> 01:15:55.800]  Because when the arresting officer or whoever brings the person before the magistrate
[01:15:56.800 --> 01:16:00.800]  Puts a criminal complaint in the hand of the magistrate
[01:16:00.800 --> 01:16:04.800]  That invests jurisdiction with the magistrate
[01:16:05.800 --> 01:16:08.800]  For the purpose of holding an examining trial
[01:16:09.800 --> 01:16:11.800]  And for that purpose only
[01:16:12.800 --> 01:16:19.800]  After the examining trial, if the magistrate does not find probable cause, the person is released at their liberty
[01:16:20.800 --> 01:16:26.800]  If he does find probable cause, the magistrate is to prepare an order under 1617
[01:16:26.800 --> 01:16:35.800]  Showing that probable cause was found, the person was either released at their liberty, bound over for trial, set to bail, whatever
[01:16:36.800 --> 01:16:38.800]  And he needs to issue a warrant
[01:16:39.800 --> 01:16:42.800]  And forward that warrant to the clerk of the court
[01:16:43.800 --> 01:16:46.800]  And it is the warrant that gives the state jurisdiction
[01:16:47.800 --> 01:16:50.800]  Absent the warrant, there's no jurisdiction
[01:16:51.800 --> 01:16:53.800]  Absent a criminal complaint, there's no jurisdiction
[01:16:53.800 --> 01:16:57.800]  Randy Kelton, Deborah Stevens, Radio, we'll be right back
[01:17:24.800 --> 01:17:29.800]  We are located at 5448 Burnett Road, Suite 3, at the corner of Burnett and Shulmont
[01:17:30.800 --> 01:17:33.800]  And we're open Monday through Friday, 10 to 6, Saturdays 10 to 5
[01:17:34.800 --> 01:17:40.800]  You are welcome to stop in our shop during regular business hours or call 512-646-6440
[01:17:41.800 --> 01:17:45.800]  Ask for Chad and say you heard about us on Google Law Radio or Texas Liberty Radio
[01:17:46.800 --> 01:17:48.800]  That's Capitol Point in Bullion, at the corner of Burnett and Shulmont
[01:17:48.800 --> 01:17:52.800]  And we're open Monday through Friday, 10 to 6, Saturdays 10 to 5
[01:17:53.800 --> 01:17:56.800]  That's Capitol Point in Bullion, 512-646-6440
[01:17:59.800 --> 01:18:04.800]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so easy
[01:18:05.800 --> 01:18:07.800]  And neither is finding like-minded people to share it with
[01:18:08.800 --> 01:18:10.800]  Oh, well I guess you haven't heard of Brave New Books then
[01:18:11.800 --> 01:18:12.800]  Brave New Books?
[01:18:12.800 --> 01:18:19.800]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, Angie Edward Griffin
[01:18:20.800 --> 01:18:22.800]  They even stock inner food, Berkey products, and Calvin Soaps
[01:18:23.800 --> 01:18:25.800]  There's no way a place like that exists
[01:18:26.800 --> 01:18:31.800]  Go check it out for yourself, it's downtown at 1904 Guadalupe Street, just south of UT
[01:18:32.800 --> 01:18:34.800]  By UT, there's never anywhere to park down there
[01:18:34.800 --> 01:18:42.800]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility, just behind the bookstore
[01:18:43.800 --> 01:18:45.800]  It does exist, but when are they open?
[01:18:46.800 --> 01:18:50.800]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays
[01:18:50.800 --> 01:19:18.800]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com
[01:19:18.800 --> 01:19:23.800]  Okay, we're back, I need to move along, got a lot of ground to cover and running out of time
[01:19:26.800 --> 01:19:30.800]  After the examining trial, okay, the steps that need to be taken
[01:19:31.800 --> 01:19:34.800]  The arresting officer must create a criminal complaint
[01:19:35.800 --> 01:19:39.800]  And associated with the criminal complaint must be a statement of probable cause
[01:19:40.800 --> 01:19:46.800]  Generally, the officer makes out an arrest report and they use that as a statement of probable cause
[01:19:46.800 --> 01:19:53.800]  And almost always, he gives a statement of probable cause to a clerk and the clerk fills out the complaint
[01:19:54.800 --> 01:19:55.800]  And files a complaint with the court
[01:19:56.800 --> 01:20:02.800]  Well, a clerk can do that, any person who has knowledge that a crime has been committed can swear out a complaint
[01:20:03.800 --> 01:20:13.800]  But an interesting issue that Eddie brought up is the clerk prepares the warrant and another clerk in the same office notarizes the warrant
[01:20:13.800 --> 01:20:19.800]  The clerk's signature, there's some question about the propriety of that
[01:20:20.800 --> 01:20:26.800]  Since they're both in the same office, it renders less credence to the verification
[01:20:27.800 --> 01:20:39.800]  But that of thought, it is the warrant produced by the magistrate that gives the state jurisdiction
[01:20:39.800 --> 01:20:48.800]  In the matter of an indictment and the question I raised about Tom Delay is there was no complaint
[01:20:49.800 --> 01:21:03.800]  20.09 Code of Criminal Procedure says the grand jury shall examine into all criminal accusations that come to their knowledge by way of the prosecuting attorney or any credible person
[01:21:03.800 --> 01:21:08.800]  Well, for the most part when we look through the court records we don't find complaints
[01:21:09.800 --> 01:21:14.800]  We do in Travis County, but in most other counties we don't find complaints
[01:21:15.800 --> 01:21:22.800]  If there is no complaint, what can the grand jury investigate into?
[01:21:22.800 --> 01:21:33.800]  Now, when you go to the police department and you file a voluntary statement, that is not a complaint that's complaining
[01:21:34.800 --> 01:21:38.800]  You go down and tell them, this dirty rascal, he did this, that and the other, that's complaining
[01:21:39.800 --> 01:21:42.800]  Complaint is a term of art, it's defined by law
[01:21:42.800 --> 01:21:56.800]  A complaint is a very specific document that runs in the name of the state of Texas and the person says that they have reason to believe and do believe based on the following
[01:21:57.800 --> 01:22:01.800]  That this person committed this criminal act, signed before a notary and verified
[01:22:02.800 --> 01:22:08.800]  In law that's called signing is affirmation, notary is verification
[01:22:08.800 --> 01:22:17.800]  That is a criminal complaint and the criminal complaint invokes the duty of the magistrate to hold an examining trial
[01:22:18.800 --> 01:22:29.800]  Whether the person has been arrested or not, if the person hasn't been arrested, the magistrate will hold an ex parte examining trial and produce a warrant
[01:22:29.800 --> 01:22:39.800]  If you look at once, they all say the same thing, you are to arrest this person and bring him before me
[01:22:40.800 --> 01:22:52.800]  The reason it says that is the magistrate has held an ex parte examining trial and ruled against you and issued a warrant for your arrest
[01:22:52.800 --> 01:23:03.800]  If an officer arrests you based on that warrant, they are to take you back before that magistrate and he's to hold another examining trial, this time with you present
[01:23:04.800 --> 01:23:09.800]  So that the prosecution can present their side and you can present rebuttal evidence
[01:23:10.800 --> 01:23:15.800]  So with or without a warrant, if there's been no warrant, they have to take you to make the accusation
[01:23:15.800 --> 01:23:22.800]  If there is a warrant, then they have to take you to give you an opportunity to overcome the ex parte hearing
[01:23:23.800 --> 01:23:26.800]  Well as we have mentioned earlier, that does not happen
[01:23:27.800 --> 01:23:30.800]  And then when they're finished, they're supposed to send the records to the clerk of the court, that doesn't happen either
[01:23:31.800 --> 01:23:38.800]  The prosecutor does this little razzle dazzle song and dance and has the records sent to him
[01:23:38.800 --> 01:23:46.800]  Now the way I read this, this is not just public officials following bad policy
[01:23:47.800 --> 01:23:55.800]  These are crimes, it's a very well orchestrated criminal conspiracy
[01:23:55.800 --> 01:24:08.800]  It's a conspiracy specifically designed to place a person accused of crime in a position such that they will have no option but to take a deal and it works very well
[01:24:09.800 --> 01:24:15.800]  I would ask you all, would you recognize a police state if you were in one?
[01:24:16.800 --> 01:24:18.800]  What would a police state look like?
[01:24:18.800 --> 01:24:28.800]  You think of the propaganda films of the jackbooted brown shirts strutting down the streets in Nazi Germany
[01:24:29.800 --> 01:24:39.800]  But I suggest to you that the vast majority of the German people never had any interaction with the SS or the brown shirts
[01:24:39.800 --> 01:24:50.800]  They went about their daily lives and did their daily dealings with little notice or concern of the police
[01:24:51.800 --> 01:25:01.800]  In Texas, the average conviction rate is 99.6
[01:25:02.800 --> 01:25:05.800]  That rounds up to 100
[01:25:05.800 --> 01:25:10.800]  Would you recognize a police state if you were in one?
[01:25:11.800 --> 01:25:17.800]  The United States contains approximately 3% of the world's population
[01:25:18.800 --> 01:25:25.800]  We house approximately 50% of the world's population of inmates
[01:25:26.800 --> 01:25:30.800]  Would you recognize a police state if you were in one?
[01:25:30.800 --> 01:25:40.800]  We are in the worst police state the world has ever seen and for the most part we have no clue
[01:25:41.800 --> 01:25:46.800]  And I'm suggesting that it's time we did something about it
[01:25:47.800 --> 01:25:52.800]  And frankly, the solution is elegant and it's simple
[01:25:52.800 --> 01:26:05.800]  Primarily what I would like to see changed is this requirement to bring a person directly to the nearest magistrate
[01:26:06.800 --> 01:26:11.800]  Everywhere I go in the United States the police are becoming more and more militaristic
[01:26:12.800 --> 01:26:15.800]  They call me civilian
[01:26:15.800 --> 01:26:21.800]  I remind them very quickly I am not a civilian
[01:26:22.800 --> 01:26:29.800]  I've been in occupied countries where the military controlled the civilian population
[01:26:30.800 --> 01:26:32.800]  This is not one of those
[01:26:33.800 --> 01:26:40.800]  I am not the civilian, I am the sovereign and they are to never forget it
[01:26:40.800 --> 01:26:49.800]  I've got about 30 minutes so now I'm going to go into the part about being the sovereign
[01:26:50.800 --> 01:26:58.800]  If we're going to change this country we're going to have to stand up and we're going to have to be sovereigns
[01:26:59.800 --> 01:27:03.800]  And we can be, it's a lot easier than you think
[01:27:03.800 --> 01:27:13.800]  We've been programmed to react and respond to authority without question
[01:27:14.800 --> 01:27:23.800]  About, in this country, it's a free country and it's built on the ability of the people to vote
[01:27:24.800 --> 01:27:29.800]  So why is it that only 8 to 11 percent of the people show up to vote?
[01:27:29.800 --> 01:27:32.800]  What is the problem?
[01:27:33.800 --> 01:27:36.800]  I think I know what the problem is
[01:27:37.800 --> 01:27:42.800]  And often the problem is not where you find the problem somewhere other than where you would expect
[01:27:43.800 --> 01:27:49.800]  Most all of us went to public schools, some of us went to private schools
[01:27:50.800 --> 01:27:56.800]  But whichever one you went to, throughout the most formative years of your life
[01:27:56.800 --> 01:28:01.800]  You were indoctrinated into the American way of life
[01:28:02.800 --> 01:28:05.800]  You were told about all these great and wonderful rights that we have
[01:28:06.800 --> 01:28:11.800]  In Texas we have Ross Perot push through the education reform bill
[01:28:12.800 --> 01:28:16.800]  That was touted primarily to stop social promotion
[01:28:17.800 --> 01:28:21.800]  It said, there shall be no social promotions, the grade shall reflect demonstrated master of subject matter
[01:28:22.800 --> 01:28:24.800]  But that was a second provision
[01:28:24.800 --> 01:28:30.800]  The first provision of the education reform bill said, the schools shall instill in the child a deep and abiding faith in
[01:28:31.800 --> 01:28:33.800]  And respect for the American form of government, and they did that
[01:28:34.800 --> 01:28:37.800]  Through constant indoctrination
[01:28:38.800 --> 01:28:44.800]  However, while they told us about all these great and wonderful rights that we had
[01:28:45.800 --> 01:28:48.800]  They very clearly demonstrated
[01:28:48.800 --> 01:28:56.800]  While you're in this school, don't even think about trying to express one of those rights
[01:28:57.800 --> 01:29:00.800]  Or the whole weight of the system will land right squarely on your head
[01:29:01.800 --> 01:29:03.800]  Well, what do we expect?
[01:29:04.800 --> 01:29:08.800]  We put our children through 12 years of this hypocrisy
[01:29:09.800 --> 01:29:16.800]  And all of a sudden they get out of school and we expect them to just magically become empowered citizens
[01:29:16.800 --> 01:29:22.800]  I go to court, traffic court, I mean, big deal, you're going to lose a few bucks
[01:29:23.800 --> 01:29:25.800]  It's not like they're going to hang you up by your heels
[01:29:26.800 --> 01:29:31.800]  And people walk into the court and they are visibly shaking
[01:29:32.800 --> 01:29:38.800]  They remind me of the third grader being called up before the principal
[01:29:39.800 --> 01:29:44.800]  And read the riot act, and they act just like those third graders
[01:29:44.800 --> 01:29:48.800]  I'm going to suggest we stop acting like the third graders
[01:29:49.800 --> 01:29:51.800]  And start acting like the parents and take this country back
[01:29:52.800 --> 01:29:55.800]  And when we come back on the other side, I'll talk about just exactly how to do that
[01:29:55.800 --> 01:30:16.800]  We'll be right back
[01:30:25.800 --> 01:30:29.800]  Who was this person? Please go to okcbombingtruth.com
[01:30:30.800 --> 01:30:34.800]  Back in the 90s when cities started putting up red light cameras for traffic enforcement
[01:30:35.800 --> 01:30:37.800]  Critics warned they could be turned into tracking systems
[01:30:38.800 --> 01:30:39.800]  Now it turns out they were right
[01:30:40.800 --> 01:30:42.800]  I'm Dr. Catherine Albrecht and I'll be back in a moment with the details
[01:30:43.800 --> 01:30:45.800]  Privacy is under attack
[01:30:46.800 --> 01:30:48.800]  When you give up data about yourself, you'll never get it back again
[01:30:49.800 --> 01:30:53.800]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:30:53.800 --> 01:30:58.800]  So protect your rights, say no to surveillance, and keep your information to yourself
[01:30:59.800 --> 01:31:01.800]  Privacy, it's worth hanging on to
[01:31:02.800 --> 01:31:04.800]  This public service announcement is brought to you by Startpage.com
[01:31:05.800 --> 01:31:08.800]  The private search engine alternative to Google, Yahoo, and Bing
[01:31:09.800 --> 01:31:11.800]  Start over with Startpage
[01:31:12.800 --> 01:31:17.800]  Privacy advocates once warned that red light cameras would quickly go from traffic enforcement to Big Brother surveillance
[01:31:17.800 --> 01:31:22.800]  But lawmakers ridiculed those concerns and promised they'd never track people with the systems
[01:31:23.800 --> 01:31:25.800]  Well guess what? They've gone back on their word
[01:31:26.800 --> 01:31:30.800]  In Inglewood, Ohio, police now use powerful red light cameras to zoom in on individuals
[01:31:31.800 --> 01:31:34.800]  And they use a joystick to follow them through a chain of networked cameras
[01:31:35.800 --> 01:31:43.800]  They say they're tracking suspected criminals, but how long before they turn their gaze to ex-spouses, pretty girls, political opponents, or even you?
[01:31:43.800 --> 01:31:50.800]  When government goes back on its word time and again, why, oh why, do we keep trusting them with powerful new technologies?
[01:31:50.800 --> 01:32:13.800]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:32:20.800 --> 01:32:27.800]  Okay, this is Brenda Kelton, Deborah Stevens, Eddie Craig, Rural Law Radio
[01:32:28.800 --> 01:32:33.800]  Now we're going to talk about how to take the country back, how to be the sovereign
[01:32:34.800 --> 01:32:43.800]  And frankly, not only is it easier than you would think, it's more rewarding than you would imagine
[01:32:43.800 --> 01:32:53.800]  I have spent the better part of my adult life struggling with this particular problem
[01:32:54.800 --> 01:32:59.800]  And studying law and trying to figure out how to fix it
[01:33:00.800 --> 01:33:10.800]  It has cost me a lot, but the value I have received from it is far beyond anything that it cost me
[01:33:10.800 --> 01:33:17.800]  Because whatever else I may be in this country, I am a free man
[01:33:18.800 --> 01:33:28.800]  Now, we may be in a police state, and we may have police and courts that absolutely ignore law and do whatever they want to
[01:33:29.800 --> 01:33:36.800]  But when it comes to me, they start in on me, they're going to get a fight, they're not going to believe
[01:33:36.800 --> 01:33:41.800]  When lose or draw, when I get done, they're not ever going to want to do that again
[01:33:42.800 --> 01:33:43.800]  That's the best I can do
[01:33:44.800 --> 01:33:52.800]  I don't feel intimidated by my public officials, and it's not hard to get to that position
[01:33:53.800 --> 01:33:58.800]  Chris is screening calls right now, he's done the same thing
[01:33:58.800 --> 01:34:05.800]  He actually stood up to them, used their law against them, and found out that it was a hoot
[01:34:06.800 --> 01:34:11.800]  That most of what you fear from them is false fear
[01:34:12.800 --> 01:34:20.800]  When you take their law and take it back to them, it is extremely powerful
[01:34:21.800 --> 01:34:25.800]  And the most powerful tool we have out there is the grand jury
[01:34:25.800 --> 01:34:36.800]  Grand juries were put in place specifically to protect the public from the governmental instruments they put in place
[01:34:37.800 --> 01:34:42.800]  The grand jury is there to protect you and I from our public officials
[01:34:43.800 --> 01:34:48.800]  Yes, they're the ones that find indictment
[01:34:48.800 --> 01:34:54.800]  And that's because we don't trust our public officials to do that
[01:34:55.800 --> 01:35:03.800]  We insisted that a grand jury of our peers are the ones that decide whether or not someone's prosecuted
[01:35:04.800 --> 01:35:09.800]  Now I know people will say that the grand jury's been corrupted, that the prosecutor attorney controls the grand jury
[01:35:10.800 --> 01:35:13.800]  Well, I can tell you from experience
[01:35:13.800 --> 01:35:20.800]  While the prosecutor may hold a certain amount of sway with the grand jury
[01:35:21.800 --> 01:35:25.800]  I have yet to meet a single prosecutor who thought he controlled the grand jury
[01:35:26.800 --> 01:35:34.800]  My prosecutor in Wise County told me once, those darn grand jurors, you never know what they're going to do
[01:35:35.800 --> 01:35:37.800]  And that's true, you don't
[01:35:37.800 --> 01:35:43.800]  There was a Supreme Court judge, I don't remember his name at the moment
[01:35:44.800 --> 01:35:48.800]  But he said any prosecutor worth his salt can get a ham sandwich indicted
[01:35:49.800 --> 01:35:51.800]  And that's true, they can
[01:35:52.800 --> 01:36:00.800]  However, the problem the prosecutors have is keeping the ham sandwich from getting indicted
[01:36:00.800 --> 01:36:06.800]  And that's where you and I come in
[01:36:07.800 --> 01:36:12.800]  When I walk into a courthouse, I come in with two hats
[01:36:13.800 --> 01:36:17.800]  I walk in with my litigants hat on
[01:36:18.800 --> 01:36:22.800]  And I litigate whatever issue I have before the courts
[01:36:22.800 --> 01:36:30.800]  Unless or until one of my public officials crosses one of my legal lines
[01:36:31.800 --> 01:36:35.800]  Then I take off my litigant's hat and I put on my sovereign's hat
[01:36:36.800 --> 01:36:40.800]  Because in the end, this is not a democracy that we live in
[01:36:41.800 --> 01:36:46.800]  It's a republic, it's a democratic republic, but it's still a republic
[01:36:46.800 --> 01:36:51.800]  In a democracy, if the people want your property, they can take your property
[01:36:52.800 --> 01:36:54.800]  If they want your life, they can take your life
[01:36:55.800 --> 01:37:01.800]  But in a republic, all power flows not from the people, but from the individual
[01:37:02.800 --> 01:37:06.800]  All rights are bestowed not on the people, but on the individual
[01:37:07.800 --> 01:37:12.800]  We each have our sovereign rights and our sovereign duties
[01:37:12.800 --> 01:37:19.800]  When I come before the court, I am the sovereign, but not from the perspective of my rights and privileges
[01:37:20.800 --> 01:37:22.800]  But from the perspective of my duty
[01:37:23.800 --> 01:37:29.800]  It is my duty to preserve this system for my children and my grandchildren
[01:37:30.800 --> 01:37:35.800]  It's my duty and it's your duty to give them a system better than the one we got
[01:37:36.800 --> 01:37:38.800]  And we can do that, it's not as hard as you think
[01:37:38.800 --> 01:37:42.800]  I went through due process and I told you about all the criminal complaints
[01:37:43.800 --> 01:37:46.800]  The crimes these public officials were committing
[01:37:47.800 --> 01:37:49.800]  So what's the remedy?
[01:37:50.800 --> 01:37:54.800]  Well, if you have knowledge that a crime has been committed
[01:37:55.800 --> 01:38:01.800]  And you don't report that crime, you can be prosecuted for that
[01:38:01.800 --> 01:38:08.800]  In the federal code, it's 18 U.S. Code 4
[01:38:09.800 --> 01:38:15.800]  Now it's not 18 U.S. Code 3592 or something weird down there in the back
[01:38:16.800 --> 01:38:18.800]  It is right up in the front
[01:38:19.800 --> 01:38:23.800]  They didn't want you to miss it, it's called Miss Prison of Felony
[01:38:24.800 --> 01:38:28.800]  If you have knowledge that a felony has been committed and you don't report that crime
[01:38:28.800 --> 01:38:32.800]  You can be prosecuted for Miss Prison of Felony
[01:38:33.800 --> 01:38:38.800]  So, if you have knowledge that a crime has been committed by a public official
[01:38:39.800 --> 01:38:42.800]  You have a duty to report that crime
[01:38:43.800 --> 01:38:48.800]  And I go in and they say, well, if you don't like what we're doing, just vote us out
[01:38:49.800 --> 01:38:53.800]  I say, well, I'm not going to fall into the fallacy, the ballot box
[01:38:53.800 --> 01:38:58.800]  I have a better idea, I'd rather get you indicted
[01:38:59.800 --> 01:39:09.800]  I bushwhacked the highest criminal district judge in Travis County, Bob Perkins, in his courtroom
[01:39:10.800 --> 01:39:16.800]  And dropped criminal complaints on him against the district attorney
[01:39:16.800 --> 01:39:24.800]  And the complaint was that the district attorney secreted criminal complaints from all the highest judges in Texas from the grand jury
[01:39:25.800 --> 01:39:31.800]  And he told me, well, Mr. Kelton, district judges in Travis County don't take criminal complaints
[01:39:32.800 --> 01:39:36.800]  So that's okay, Your Honor, I'm not here to invoke your duty as a district judge
[01:39:37.800 --> 01:39:41.800]  I'm here to invoke your duty as a magistrate and that's a duty from which you may not shield yourself
[01:39:41.800 --> 01:39:47.800]  And he wound up giving me about 30 minutes of legal advice
[01:39:48.800 --> 01:39:52.800]  And when he told me I should file a complaint with the Sheriff's Department, told them I did that, they threw it in the trash
[01:39:53.800 --> 01:39:57.800]  He said, well, you should petition a district court for a writ of mandamus
[01:39:58.800 --> 01:40:00.800]  Or appeal to the district court for a writ of mandamus
[01:40:01.800 --> 01:40:03.800]  Oh, Judge, don't ask me to appeal
[01:40:04.800 --> 01:40:08.800]  You go before a corrupt judge and he renders a bogus decision and they say, oh, that's okay
[01:40:08.800 --> 01:40:12.800]  You can go before a whole panel of corrupt judges and they'll really screw your royal
[01:40:13.800 --> 01:40:16.800]  And he said, well, Mr. Kelton, I don't think it's quite that bad
[01:40:17.800 --> 01:40:18.800]  I said, that's because you're not pro se
[01:40:19.800 --> 01:40:21.800]  I got a better idea, I'll appeal to the grand jury
[01:40:22.800 --> 01:40:24.800]  Well, Mr. Kelton, you can't appeal to the grand jury
[01:40:25.800 --> 01:40:26.800]  Sure I can
[01:40:27.800 --> 01:40:34.800]  I can appeal to the grand jury to indict the sheriff for shielding from prosecution and violation of 3805 penal code
[01:40:34.800 --> 01:40:42.800]  And he sat back in the seat and just kind of stared at me for a minute like he didn't believe what I just said
[01:40:43.800 --> 01:40:47.800]  But yes, as a matter of fact, I can appeal to the grand jury
[01:40:48.800 --> 01:40:56.800]  To indict the sheriff, to indict the judge, to indict the prosecutor, to indict anyone that violates a criminal law
[01:40:56.800 --> 01:41:08.800]  Now, if you try to go to the grand jury with a criminal complaint, everyone in the system is going to do everything they can to stop you
[01:41:09.800 --> 01:41:16.800]  And that's okay, because for the most part, we're trying to fix the system
[01:41:17.800 --> 01:41:24.800]  If you're going down to the court to exact retribution, you're wasting your time
[01:41:24.800 --> 01:41:27.800]  And you're wasting your energy
[01:41:28.800 --> 01:41:35.800]  It is important that we very clearly define our outcomes
[01:41:36.800 --> 01:41:44.800]  Not your personal petty private motives
[01:41:44.800 --> 01:41:53.800]  But in the end, at the end of the day, what do you want?
[01:41:54.800 --> 01:42:00.800]  If you don't know where you're going, I can assure you, you will wind up somewhere else
[01:42:01.800 --> 01:42:07.800]  So before you do anything, you need to decide what outcome are you trying to achieve
[01:42:07.800 --> 01:42:14.800]  Keep in mind these public officials, especially in the criminal arena, are very good at confrontation
[01:42:15.800 --> 01:42:18.800]  It's what they do all day every day
[01:42:19.800 --> 01:42:24.800]  Don't think you can go down there confrontational and out-confront them
[01:42:25.800 --> 01:42:27.800]  This is their specialty
[01:42:28.800 --> 01:42:32.800]  The way to beat them, the way to stay ahead of them
[01:42:32.800 --> 01:42:39.800]  Is to very clearly define in your mind what is my intended ultimate outcome
[01:42:40.800 --> 01:42:47.800]  I have an ultimate outcome defined that I hold always in front of me
[01:42:48.800 --> 01:42:55.800]  In everything I do, I am trying to reach a position such that every judge in the country
[01:42:55.800 --> 01:43:03.800]  When he steps up behind the bench and looks out across the bar at the gallery, I want him wondering which one
[01:43:04.800 --> 01:43:11.800]  Which one of those rotten scoundrels out there are waiting for me to render a ruling that he doesn't like
[01:43:12.800 --> 01:43:14.800]  So he can run down to a grand jury and try to get me indicted
[01:43:15.800 --> 01:43:19.800]  Thomas Jefferson said, when the people fear the government, there is tyranny
[01:43:20.800 --> 01:43:23.800]  When the government fears the people, there is liberty
[01:43:23.800 --> 01:43:34.800]  Thomas Jefferson and his contemporaries gave us the tool we need to give the government reason to fear the people
[01:43:35.800 --> 01:43:40.800]  And in the next segment, I will go through precisely how to work it
[01:43:40.800 --> 01:43:52.800]  This is Randy Kelton, Debra Stevens, Eddie Craig, Rule of Law Radio, we'll be right back
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[01:46:20.800 --> 01:46:49.800]  We're talking about grand juries and how to use a grand jury
[01:46:50.800 --> 01:46:55.800]  Now, everyone will try to keep you from getting to a grand jury, and that's okay
[01:46:56.800 --> 01:47:04.800]  When you start, if we're going to fix the system, what we need to do is set up our public officials
[01:47:05.800 --> 01:47:07.800]  I do this all the time
[01:47:08.800 --> 01:47:16.800]  I was talking, we had a telephone conference the other day, and we were talking about foreclosure issues
[01:47:16.800 --> 01:47:29.800]  And I suggested that we use the criminal prosecution angle as a tool to affect the politics of the civil court
[01:47:30.800 --> 01:47:34.800]  One thing we have to understand, the courts are corrupt
[01:47:35.800 --> 01:47:38.800]  And we have a lot of people out here studying the fine points of law
[01:47:38.800 --> 01:47:45.800]  And they often forget that you will not win your case based on law
[01:47:46.800 --> 01:47:51.800]  Anyone who thinks that's the case has never been through the legal system
[01:47:52.800 --> 01:47:55.800]  The legal system is absolutely corrupt
[01:47:56.800 --> 01:48:00.800]  Our judges simply do not care what the law says
[01:48:00.800 --> 01:48:10.800]  You will win the case based on politics, and how are you going to get influence in your favor?
[01:48:11.800 --> 01:48:18.800]  You're just an ordinary person, a nobody, and you have all these public officials with all this power and authority
[01:48:19.800 --> 01:48:21.800]  Well, they have a problem
[01:48:21.800 --> 01:48:31.800]  We are also the sovereigns, and when we start showing them that we're the sovereigns, I never tell anyone that I'm a sovereign
[01:48:32.800 --> 01:48:34.800]  I don't go in and say I'm a sovereign
[01:48:35.800 --> 01:48:37.800]  I'm a sovereign citizen, blah, blah, blah, I never do that
[01:48:38.800 --> 01:48:43.800]  Somebody at a seminar the other day asked me, how do I express my sovereignty?
[01:48:44.800 --> 01:48:48.800]  Act like one, don't talk about it, do it
[01:48:48.800 --> 01:48:54.800]  When it comes to my government, I am the CEO and you are the CEO
[01:48:55.800 --> 01:48:57.800]  I've ran my own business for a long time
[01:48:58.800 --> 01:49:06.800]  And I have certain rules for how the business is run and what my people are to do, and I expect them to follow those rules
[01:49:07.800 --> 01:49:10.800]  When they don't follow those rules, we have a problem
[01:49:10.800 --> 01:49:18.800]  And I am the CEO, and I make the rule, and I make sure everybody follows the rule
[01:49:19.800 --> 01:49:21.800]  That's simple enough, we all understand that
[01:49:22.800 --> 01:49:30.800]  When it comes to our public officials, we are the sovereigns, we are the only ones who can force the judges to follow law
[01:49:31.800 --> 01:49:37.800]  If you think you will hire an attorney, and that attorney will vigorously adjudicate your rights, you are dreaming
[01:49:37.800 --> 01:49:41.800]  That attorney is not going to do anything that will annoy that judge
[01:49:42.800 --> 01:49:46.800]  I want Sue Ditton County for $11 million, 23 public officials
[01:49:47.800 --> 01:49:56.800]  I talked to 60 attorneys, the last one was Jerry Cobb, he was the district attorney before the district attorney that I was suing
[01:49:57.800 --> 01:50:04.800]  I got him on the line, I said hello Jerry, my name is Randy Kelton, I have sued Ditton County and I need someone to represent my case
[01:50:04.800 --> 01:50:10.800]  Oh Mr. Kelton, I know all about your case, I can't represent you, you are making allegations against judges in there
[01:50:11.800 --> 01:50:12.800]  And I have to represent clients in this county
[01:50:13.800 --> 01:50:18.800]  I said what's the matter Jerry, you are afraid those judges will screw your next client to get back at you?
[01:50:19.800 --> 01:50:25.800]  And he said the same thing every other attorney did, you damn right they will
[01:50:25.800 --> 01:50:34.800]  Now I don't know if that was true or not, but I do know that he believed it was true, and every attorney I talked to believed it was true
[01:50:35.800 --> 01:50:40.800]  Your attorneys are not going to vigorously adjudicate your rights, that's not going to happen
[01:50:41.800 --> 01:50:46.800]  Now they will take your money, and they will tell you they are going to do all of this stuff until they get your retainer
[01:50:47.800 --> 01:50:49.800]  And they are not going to do anything that is going to annoy the judge
[01:50:49.800 --> 01:50:55.800]  Prosecutors are certainly not going to protect your rights, and the judge could care less
[01:50:56.800 --> 01:50:58.800]  There is only one person that can protect your rights and that's you
[01:50:59.800 --> 01:51:11.800]  And the way you do it is make sure all of these officials abide by law, and one of the best ways to do that is with grand juries
[01:51:11.800 --> 01:51:19.800]  I've only actually got to be in front of the grand jury and present to them one time
[01:51:20.800 --> 01:51:26.800]  I have presented a number of complaints that got to the grand jury, but I only got to present in front of them one time
[01:51:27.800 --> 01:51:30.800]  And they don't really need to, they didn't indict that time
[01:51:30.800 --> 01:51:44.800]  And this was the district attorney in Johnson County, Cleaver, Texas, and the foreman when I got in front of them was absolutely livid
[01:51:45.800 --> 01:51:52.800]  He was certain that I had some acts to grind against this attorney, and I thought, no, I don't have any complaint against him directly
[01:51:53.800 --> 01:51:57.800]  He's never done anything to me, never prosecuted me, never prosecuted anybody I know
[01:51:57.800 --> 01:52:03.800]  He said, then why are you here? I said, well, he violated law relating to his office
[01:52:04.800 --> 01:52:08.800]  But I don't want him indicted, he said, if you don't want him indicted, why are you in here?
[01:52:09.800 --> 01:52:19.800]  I said, well, because I'm here, and he's out there wondering if you're going to end his career tomorrow, that's all I need
[01:52:20.800 --> 01:52:25.800]  I don't need him indicted, I don't need him thrown out of office, all I want him to do is follow law
[01:52:25.800 --> 01:52:29.800]  You, on the other hand, I'm glad I'm not in your position
[01:52:30.800 --> 01:52:38.800]  You have a duty to determine whether or not there's sufficient evidence to believe he's committed a crime, and I gave you evidence that is absolutely dead bang
[01:52:39.800 --> 01:52:45.800]  So you have to decide whether or not you have the courage to enforce law or not, I'm glad I'm not in your position
[01:52:45.800 --> 01:52:54.800]  Well, they didn't indict him, but a couple months later a friend of mine went to him with five criminal complaints against public officials
[01:52:55.800 --> 01:53:00.800]  Or criminal complaints against five public officials, two sheriff's deputies, two bailiffs, and a judge
[01:53:01.800 --> 01:53:07.800]  And they sent him in and he presented to the grand jury, the district attorney stepped aside, that's what I wanted
[01:53:07.800 --> 01:53:21.800]  My purpose is to put public officials in a position such that they're more afraid of a grand jury than anything else
[01:53:22.800 --> 01:53:26.800]  And we need to put the fear of grand juries in them, and it's easy to do
[01:53:26.800 --> 01:53:38.800]  When I went to Johnson County, use this as an illustration, I went to the jail and asked to witness the morning hearings at the jail
[01:53:39.800 --> 01:53:43.800]  And the magistrate wouldn't let me watch the hearings
[01:53:44.800 --> 01:53:48.800]  The lieutenant told me, the judge said it's her courtroom and you're not coming in it
[01:53:48.800 --> 01:53:58.800]  I told the lieutenant, please instruct the magistrate that she is mistaken, it is not her courtroom, it is my courtroom
[01:53:59.800 --> 01:54:02.800]  And I very generously allow her to administer it according to my law
[01:54:03.800 --> 01:54:07.800]  Well, Mr. Colton, you're not going to be able to see the hearing, but I need to go back there and arrest that judge
[01:54:08.800 --> 01:54:12.800]  Well, I can't arrest a judge, sure you can, just down the cuffs on her and drag her off the jail
[01:54:13.800 --> 01:54:15.800]  Heck, you ain't got far, you're already in one
[01:54:15.800 --> 01:54:17.800]  Oh, no, Mr. Colton, I can't arrest a judge
[01:54:18.800 --> 01:54:21.800]  Come on, lieutenant, take your chicken suit off, heck, this will be fun
[01:54:22.800 --> 01:54:24.800]  You're standing around here doing nothing all day, it's boring, you'll like it
[01:54:25.800 --> 01:54:39.800]  He refused to arrest the judge because the judge denied me in a public court in violation of 1.24 Texas Code of Criminal Procedure and Texas Constitution
[01:54:39.800 --> 01:54:47.800]  So I prepared a criminal complaint against the judge, filed it with a district attorney, district attorney refused to prosecute
[01:54:48.800 --> 01:54:59.800]  Article 2.03 Texas Code of Criminal Procedure very clearly says when a prosecuting attorney is made known that a public official has violated a law relating to his office
[01:54:59.800 --> 01:55:08.800]  It used to say when he's made known in any manner that a public official has violated a law relating to his office, he shall reduce complaint and information submitted to the grand jury
[01:55:09.800 --> 01:55:11.800]  It used to say forthwith, but they took that out
[01:55:12.800 --> 01:55:21.800]  No discretion, he should not be in a position to determine whether or not to present someone he works with to the grand jury
[01:55:22.800 --> 01:55:25.800]  So the legislature took him out of that position
[01:55:25.800 --> 01:55:37.800]  Well, prosecutors like to control prosecution, so the district attorney exercised prosecutorial discretion
[01:55:38.800 --> 01:55:42.800]  Problem is in Texas they don't have any prosecutorial discretion
[01:55:43.800 --> 01:55:49.800]  So I prepared criminal charges against the district attorney accusing the district attorney of violating 2.03 Code of Criminal Procedure
[01:55:49.800 --> 01:55:57.800]  And I mailed it to the district attorney's office addressed to the grand jury
[01:55:58.800 --> 01:56:07.800]  And when he failed to give it to the grand jury I went in and bushwhacked the judge in his courtroom and gave him criminal complaints against the district attorney
[01:56:08.800 --> 01:56:13.800]  Accusing him of secreting criminal complaints against himself from the grand jury
[01:56:14.800 --> 01:56:16.800]  I'm running out of time here
[01:56:16.800 --> 01:56:23.800]  So next Thursday when we come in I will do an hour just on grand juries
[01:56:24.800 --> 01:56:26.800]  This is so important
[01:56:27.800 --> 01:56:35.800]  This one thing will allow us, you and I, to change everything
[01:56:36.800 --> 01:56:43.800]  When you start filing criminal complaints against public officials for not doing their jobs
[01:56:43.800 --> 01:56:47.800]  They get really, really excited
[01:56:48.800 --> 01:56:53.800]  And when you start doing that, when I tell people about this, they say, oh you better be careful man, they'll get you
[01:56:54.800 --> 01:56:55.800]  No they won't
[01:56:56.800 --> 01:56:58.800]  I've been doing this for 30 years
[01:56:59.800 --> 01:57:01.800]  Well the first 15 years I've learned how to do it
[01:57:02.800 --> 01:57:03.800]  And I did all the wrong things
[01:57:04.800 --> 01:57:08.800]  Three dislocated ribs, two broken collar bones, broken elbow and tooth knocked out
[01:57:09.800 --> 01:57:11.800]  I learned how to do it
[01:57:11.800 --> 01:57:15.800]  Don't go, don't mess with the police on the bottom
[01:57:16.800 --> 01:57:19.800]  Don't mess with the prosecutor, with the lower level functionaries
[01:57:20.800 --> 01:57:22.800]  Go right to the top, you're the sovereign
[01:57:23.800 --> 01:57:26.800]  I only want to deal with the district attorney and the district judges
[01:57:27.800 --> 01:57:30.800]  And I want to hammer them big time and we can do that
[01:57:30.800 --> 01:57:40.800]  And when you hammer a district judge, you will be surprised at how fully aware they are of their weakness
[01:57:41.800 --> 01:57:48.800]  And the threat you bring to them, you will cause dramatic changes to happen very quickly
[01:57:49.800 --> 01:57:52.800]  I do apologize, I didn't get as far through this as I want to
[01:57:53.800 --> 01:57:56.800]  This is generally a four hour presentation, I was trying to cram it down
[01:57:56.800 --> 01:58:04.800]  So next Thursday, 8 o'clock, I will do the first hour on just due process
[01:58:05.800 --> 01:58:09.800]  Right now after the break we're going to go to Eddie and Mike
[01:58:10.800 --> 01:58:12.800]  Mike Hayden was in court today on that
[01:58:13.800 --> 01:58:14.800]  Handle
[01:58:15.800 --> 01:58:18.800]  Handle was in court today on a TSA issue
[01:58:19.800 --> 01:58:20.800]  Eddie's going to talk about that
[01:58:21.800 --> 01:58:23.800]  The infamous TSA water bottle
[01:58:23.800 --> 01:58:27.800]  In the municipal court, yeah, I can't wait to hear about this
[01:58:28.800 --> 01:58:31.800]  And I have opened up the phone lines, we've got some callers on the line
[01:58:32.800 --> 01:58:34.800]  We see Larry, Jim, Mark, maybe y'all will just hang tight
[01:58:35.800 --> 01:58:39.800]  We're going to wait to take the calls until after we hear Eddie's report
[01:58:40.800 --> 01:58:43.800]  When we get back on the other side, we've got two more hours
[01:58:44.800 --> 01:58:48.800]  So folks, if you have questions, get them written down, get your calls lined up
[01:58:48.800 --> 01:58:53.800]  512-646-1984, we'll see you after the top of the hour news
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