ROL_2011-02-04_16k_Hr1-2.timecode

[00:00.000 --> 00:12.540]  The U.S. economy added 36,000 jobs in January. However, 125,000 new jobs a month are necessary
[00:12.540 --> 00:17.840]  simply to keep up with people entering the job market. Economists say 300,000 jobs a
[00:17.840 --> 00:23.920]  month for five years are needed for the U.S. to reach pre-Great Recession employment levels.
[00:23.920 --> 00:29.440]  U.S. corporations are currently sitting on more than $1 trillion in cash.
[00:29.440 --> 00:34.960]  Al Jazeera's Cairo office was set on fire Friday by pro-Mubarak supporters. The free
[00:34.960 --> 00:40.880]  press advocacy group Reporters Without Borders said, quote, that violence, arbitrary arrests,
[00:40.880 --> 00:45.620]  the list of abuses against journalists by Mubarak supporters is getting longer and they
[00:45.620 --> 00:49.600]  are clearly systematic and concerted.
[00:49.600 --> 00:54.240]  Scott Block, former head of a whistleblower protection office under George Bush, must
[00:54.240 --> 00:59.320]  spend at least a month in jail. Block, who headed the Office of Special Counsel, pleaded
[00:59.320 --> 01:04.520]  guilty to a charge of criminal contempt of Congress last April. Block admitted withholding
[01:04.520 --> 01:09.760]  information from house investigators about having private technicians scrub computer
[01:09.760 --> 01:17.320]  files used by political appointees of the Office of Special Counsel in 2006.
[01:17.320 --> 01:23.240]  Award-winning news site ProPublica has accused Barack Obama of neglecting his campaign promise
[01:23.240 --> 01:28.800]  to help homeowners facing foreclosure. Obama, before his election, said, quote, I will change
[01:28.800 --> 01:33.200]  our bankruptcy laws to make it easier for families to stay in their homes. Bankruptcy
[01:33.200 --> 01:38.400]  judges have long been barred from lowering mortgage payments on primary residences even
[01:38.400 --> 01:44.280]  though they can do so on vacation homes, a discrepancy Obama pledged to correct. Instead,
[01:44.280 --> 01:49.880]  Obama has relied on the Voluntary Home Affordable Modification Program, or HAMP, that offers
[01:49.880 --> 01:55.240]  banks incentives to modify mortgages. The government didn't discriminate in its $700
[01:55.240 --> 02:01.680]  billion bank bailout and in its $13 trillion for a total of 30 less publicized Treasury
[02:01.680 --> 02:06.960]  and Federal Reserve programs. While the banks got their bailout, HAMP was written to hamper
[02:06.960 --> 02:13.080]  efforts by those seen as undeserving from saving their homes. Fewer than 800,000 homeowners
[02:13.080 --> 02:17.960]  will ultimately get lasting mortgage modifications.
[02:17.960 --> 02:23.480]  Bank documents made public Thursday revealed JP Morgan Chase executives were aware Bernie
[02:23.480 --> 02:29.320]  Madoff was operating a Ponzi scheme months or even years before his downfall. The bank
[02:29.320 --> 02:33.440]  allowed Madoff to move billions of dollars in and out of his Chase accounts right up
[02:33.440 --> 02:38.900]  to the day of his arrest in December 2008. Some Chase executives steered clients away
[02:38.900 --> 02:44.140]  from investments linked to Madoff because of his Oz-like signals were too difficult
[02:44.140 --> 02:50.080]  to ignore while other executives pursued profitable derivative deals with Madoff. In a document
[02:50.080 --> 02:54.800]  uncovered after Madoff's arrest, a Chase executive wrote of the bank's dealings with
[02:54.800 --> 03:19.520]  Madoff, quote, Perhaps best this never sees the light of day again.
[03:24.800 --> 03:53.560]  Bad boys, whatcha gonna do? Bad boys, bad boys, whatcha gonna do? Bad boys, bad boys,
[03:53.560 --> 04:21.360]  whatcha gonna do? Bad boys, bad boys, whatcha gonna do? Bad boys, bad boys, whatcha gonna
[04:21.360 --> 04:39.560]  do? Bad boys, bad boys, whatcha gonna do? Bad boys, bad boys, whatcha gonna do? Bad
[04:39.560 --> 04:54.560]  boys, bad boys, whatcha gonna do? Bad boys, bad boys, whatcha gonna do? Bad boys, bad
[04:54.560 --> 05:04.680]  boys, whatcha gonna do? Whatcha gonna do when we come for you here on the Rule of Law, ruleoflawradio.com.
[05:04.680 --> 05:14.780]  I'm Deborah Stevens here with very esteemed hosts, Randy Kelton and Eddie Craig here on
[05:14.780 --> 05:23.800]  our Friday night four hour info marathon, February 4th, 2011.
[05:23.800 --> 05:30.980]  We're taking your calls all night long and to start off with we're going to discuss the
[05:30.980 --> 05:39.480]  topic of the legislative attempt to legislate away our right to an examining trial.
[05:39.480 --> 05:42.240]  So Eddie, what is this all about?
[05:42.240 --> 05:48.380]  Well, this is a topic that we've discussed over many different variations ever since
[05:48.380 --> 05:53.520]  I've been on the show with y'all, but basically what we have is we have the due process procedures
[05:53.520 --> 05:59.520]  that all the people are entitled to as a matter of right and then we have the legislatively
[05:59.520 --> 06:03.760]  enacted steps that these procedures are supposed to go through.
[06:03.760 --> 06:11.480]  Now one of the issues is how they handle file-only misdemeanor and other types of misdemeanor
[06:11.480 --> 06:15.240]  arrests through the issuance of citations.
[06:15.240 --> 06:23.640]  Now in Texas the laws made it very, very clear that in order for a citation to be issued,
[06:23.640 --> 06:32.160]  the one to whom it is being issued must have already been arrested and in custody by the
[06:32.160 --> 06:35.640]  officer issuing the citation.
[06:35.640 --> 06:42.480]  If that isn't done, then the officer can't require that the person signed the citation
[06:42.480 --> 06:48.840]  in order to be released from custody and to promise to appear later in court.
[06:48.840 --> 06:52.600]  So the law makes that very, very clear.
[06:52.600 --> 06:59.040]  So the problem that this brings to the forefront in the way that they're doing things is this.
[06:59.040 --> 07:06.560]  When you're placed in a warrantless arrest by a police officer, that mandates the requirement
[07:06.560 --> 07:13.040]  that that arrest have a determination made by a neutral magistrate as to whether or not
[07:13.040 --> 07:15.480]  it was lawful.
[07:15.480 --> 07:21.800]  Did the officer do what the law allowed him to do and did he do it in proper accordance
[07:21.800 --> 07:24.520]  with that law?
[07:24.520 --> 07:31.800]  So without an examining trial, that doesn't get done because the law is very clear that
[07:31.800 --> 07:36.040]  they are to take you before a magistrate.
[07:36.040 --> 07:46.480]  What is the only two duties a magistrate can perform in relation to an arrestee?
[07:46.480 --> 07:51.560]  Randy, you should have that one off the top of your tongue there.
[07:51.560 --> 07:58.960]  He can make a determination of probable cause and set bail.
[07:58.960 --> 08:04.240]  So how is he going to do that without the examining trial?
[08:04.240 --> 08:08.160]  He can't make a probable cause determination at arraignment.
[08:08.160 --> 08:11.160]  He can't even make one at trial.
[08:11.160 --> 08:13.680]  It has to be made prior to all of this.
[08:13.680 --> 08:15.160]  So how is it done?
[08:15.160 --> 08:22.160]  Well, this is exactly why 1517 is mandated that they do it because one of the procedures
[08:22.160 --> 08:30.040]  in 1517A is to inform the accused of his right to an examining trial.
[08:30.040 --> 08:36.240]  And because he has that right, he has the right to have an official other than the police
[08:36.240 --> 08:41.120]  officer make a determination about was I lawfully arrested?
[08:41.120 --> 08:43.040]  Was there a probable cause?
[08:43.040 --> 08:46.520]  Was it sufficient?
[08:46.520 --> 08:51.960]  Because the officer is going to always claim to have it whether he does or not.
[08:51.960 --> 08:58.080]  And you're supposed to be taken before a neutral detached magistrate to make that determination.
[08:58.080 --> 09:03.120]  The other problem we have is that we know these magistrates that we're being taken in
[09:03.120 --> 09:06.440]  front of are neither neutral nor detached.
[09:06.440 --> 09:14.200]  It is in their best financial interest to find probable cause when it comes to these
[09:14.200 --> 09:17.480]  citation-fine-only offenses especially.
[09:17.480 --> 09:22.800]  It is their bread and butter revenue money.
[09:22.800 --> 09:27.240]  And so what they can't collect in direct taxes from the people, they're going to take through
[09:27.240 --> 09:30.800]  stealth taxes through these forms.
[09:30.800 --> 09:37.280]  So it's in their best interest to always find probable cause and uphold the officer's arrest
[09:37.280 --> 09:41.200]  no matter what.
[09:41.200 --> 09:51.080]  I mean due process in Texas at this level is an absolute joke because there isn't any.
[09:51.080 --> 09:55.860]  And this is the problem everyone is facing in these courts.
[09:55.860 --> 10:03.200]  You go in looking for justice but you may as well be looking for gold in a played out
[10:03.200 --> 10:04.200]  mine.
[10:04.200 --> 10:08.680]  It just isn't there.
[10:08.680 --> 10:13.960]  So how do we go about fixing this is one problem.
[10:13.960 --> 10:19.360]  Well let's look at all the ways that the officer messes up from the very beginning.
[10:19.360 --> 10:24.160]  The first thing is he initiates a warrantless arrest.
[10:24.160 --> 10:30.440]  If he didn't do that, then he's got no probable reason to be interacting with you anyway.
[10:30.440 --> 10:36.320]  But in order for him to issue this citation, he must place you in a warrantless arrest.
[10:36.320 --> 10:44.920]  Both 1406 Code of Criminal Procedure and 543 Transportation Code make that extremely clear.
[10:44.920 --> 10:51.800]  Now not only does he put you in a custodial arrest, but he does not mirandize you and
[10:51.800 --> 10:57.040]  inform you of your rights while you're in that custodial arrest.
[10:57.040 --> 11:02.880]  The officer then proceeds to demand that you give him additional information that can be
[11:02.880 --> 11:06.440]  used against you in a court of law.
[11:06.440 --> 11:12.240]  If you give him an insurance card and it happens to be expired, that's an additional charge.
[11:12.240 --> 11:17.400]  Or just, you know, same thing with registration, same thing with driver's license, any of those
[11:17.400 --> 11:23.680]  things provided to that officer in that venue can wind up resulting in additional criminal
[11:23.680 --> 11:25.940]  charges against you.
[11:25.940 --> 11:30.920]  So how is it not a Fifth Amendment rights violation for these people to demand this
[11:30.920 --> 11:34.960]  information from you when they have yet to inform you that you don't have to tell them
[11:34.960 --> 11:39.400]  a dang thing because you're under arrest?
[11:39.400 --> 11:44.000]  And the cop is in fact lying to you the whole time telling you you're not under arrest.
[11:44.000 --> 11:46.840]  Not yet.
[11:46.840 --> 11:49.960]  That's completely bogus, folks.
[11:49.960 --> 11:55.920]  So they get an additional possibly incriminating information and evidence from the individual
[11:55.920 --> 11:59.480]  that they placed under this arrest.
[11:59.480 --> 12:04.480]  And then when it's all said and done, what do they have you do in order to release you
[12:04.480 --> 12:06.560]  from custody?
[12:06.560 --> 12:14.960]  They have you sign your own subpoena that you were served a notice to appear in court.
[12:14.960 --> 12:22.080]  And from what we've seen and what the definitions in law are regarding a citation and the process
[12:22.080 --> 12:29.440]  and procedure for issuing a subpoena or a summons, these don't mesh well together.
[12:29.440 --> 12:35.480]  Because one is a strictly judicial function under Texas law and every other state's law,
[12:35.480 --> 12:44.880]  and the other is being executed by the initiative of an executive officer, not a judicial officer.
[12:44.880 --> 12:50.360]  And that's a direct violation of the division of powers doctrine.
[12:50.360 --> 12:56.160]  So the legislators have attempted to grant a set of authorities to this officer that
[12:56.160 --> 13:05.240]  he cannot constitutionally possess because it allows him to do something that case history
[13:05.240 --> 13:12.280]  shows very clearly belongs in the venue of the courts, not in the hands of the officer.
[13:12.280 --> 13:16.200]  Everything applies with taking you directly to a jail cell, does it not, Randy?
[13:16.200 --> 13:23.000]  The officer was never meant to have the authority to put someone in a jail cell except under
[13:23.000 --> 13:30.640]  extenuating circumstances where he was unable through some necessity to take them before
[13:30.640 --> 13:32.560]  a magistrate.
[13:32.560 --> 13:39.560]  It was not intended that the police officer hold the key to the jailhouse door.
[13:39.560 --> 13:46.000]  It was intended that a magistrate hold that key, that the officer take the person to the
[13:46.000 --> 13:51.680]  magistrate and the magistrate decides if they go to jail or not, not the police officer.
[13:51.680 --> 13:55.880]  Yeah, and so what do we have the courts doing?
[13:55.880 --> 14:00.240]  The courts are saying, oh, it's okay for the cop to lock you up.
[14:00.240 --> 14:02.480]  He can lock you up for 48 hours.
[14:02.480 --> 14:08.520]  In other words, I don't want the cop disturbing my weekend at home, so I'm going to let him
[14:08.520 --> 14:14.360]  take away your liberty for the entire 48 hours, so he doesn't have to take two hours out of
[14:14.360 --> 14:16.880]  my personal liberty.
[14:16.880 --> 14:23.840]  That's exactly what it's amounted to.
[14:23.840 --> 14:30.360]  Nowhere in Texas law is a police officer or a sheriff allowed to put you in jail without
[14:30.360 --> 14:35.040]  a commitment order, nowhere.
[14:35.040 --> 14:42.440]  And that commitment order, in accordance with law, can only be issued by a magistrate to
[14:42.440 --> 14:51.320]  the sheriff who must put you in his jail, unless he doesn't have a safe jail and then
[14:51.320 --> 14:58.600]  he can incarcerate you in the next nearest safe jail available, even if it's the city's.
[14:58.600 --> 15:04.600]  But you are under the care and protection of the sheriff while you're in custody, not
[15:04.600 --> 15:10.360]  the municipality.
[15:10.360 --> 15:16.760]  So through all of this, we can see that what the law is telling these people to do is not
[15:16.760 --> 15:19.000]  what they're doing in practice and procedure.
[15:19.000 --> 15:20.000]  It's not even close.
[15:20.000 --> 15:21.000]  Yes.
[15:21.000 --> 15:29.340]  What the judges are referring to and what I see turning up in case law are references
[15:29.340 --> 15:36.000]  to Magistration, and I've even seen it in the case law where it states that the term
[15:36.000 --> 15:43.960]  Magistration appears nowhere in the statute, that it's just a term they made up.
[15:43.960 --> 15:54.000]  And they had to make it up because a Magistration as they hold it is not a hearing that is defined
[15:54.000 --> 15:55.000]  in law anywhere.
[15:55.000 --> 16:01.200]  The law is very complete, it has everything it needs, it didn't need a Magistration.
[16:01.200 --> 16:07.160]  We had something in place that served the purpose, except it served the purpose in an
[16:07.160 --> 16:15.600]  equitable manner that protected the due process rights of the individual, even if it was somewhat
[16:15.600 --> 16:28.880]  administratively or adjudicatively inexpedient for the courts and the police.
[16:28.880 --> 16:35.400]  The procedure was very clear and it's been in place since 1216.
[16:35.400 --> 16:39.400]  This is not hard to understand.
[16:39.400 --> 16:46.320]  This is Randy Kelton, Eddie Craig, Deborah Stevens, We Have Law Radio, the phone lines
[16:46.320 --> 16:47.320]  are open.
[16:47.320 --> 16:50.280]  We see you there, Gary from Texas.
[16:50.280 --> 16:53.880]  We will take your call when we come back.
[16:53.880 --> 17:02.280]  The number is 512-646-1984.
[17:02.280 --> 17:07.320]  Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies
[17:07.320 --> 17:09.320]  in the Austin metro area.
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[18:50.000 --> 18:58.960]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-f at yahoo.com to learn how to stop debt
[18:58.960 --> 18:59.960]  collectors now.
[18:59.960 --> 19:25.460]  Music plays.
[19:25.460 --> 19:33.460]  My world is spinning like it's out of control On the edge of a hole inside a deep dark dome
[19:33.460 --> 19:39.460]  I'm always going to look out for something to soothe my soul
[19:39.460 --> 19:51.460]  That's how I sit back and watch the evidence unfold And I see justice is the door
[19:51.460 --> 19:59.460]  Yeah, justice is the door
[19:59.460 --> 20:05.460]  Sometimes we fell a little too far at sea And then we got to get back on course quickly
[20:05.460 --> 20:12.460]  So we go under heavy advisory From the man that came all the way from Galilee
[20:12.460 --> 20:18.460]  I'm searching for this even warm place to be Where I don't have to work so hard to be free
[20:18.460 --> 20:23.460]  Some guys are trying to rewrite history But they got caught, now them guys
[20:23.460 --> 20:28.460]  Okay, we are back.
[20:28.460 --> 20:31.460]  Okay, I have a question for you guys.
[20:31.460 --> 20:40.460]  Just, you know, consider me a lay person or whatever trying to figure all this out.
[20:40.460 --> 20:45.460]  From my understanding, what Randy's always said is that it's very clear in the statute.
[20:45.460 --> 20:48.460]  There has to be an examining trial.
[20:48.460 --> 20:50.460]  And now Eddie's saying it's not clear.
[20:50.460 --> 20:53.460]  And so we're discussing this on the break.
[20:53.460 --> 21:00.460]  And now it's coming out that apparently it is very clear in the code, in the statute.
[21:00.460 --> 21:03.460]  However, there's bad case law.
[21:03.460 --> 21:06.460]  So what's up, guys?
[21:06.460 --> 21:13.460]  Explain this bad case law and why is this case law in opposition to the statute?
[21:13.460 --> 21:15.460]  And what can we do about this?
[21:15.460 --> 21:19.460]  The case law is following what was done.
[21:19.460 --> 21:27.460]  And when I looked at this case law, what it looked like is someone raised the issue that
[21:27.460 --> 21:31.460]  in order for the state to have subject matter jurisdiction,
[21:31.460 --> 21:34.460]  the person arrested had to be brought before a magistrate.
[21:34.460 --> 21:40.460]  The magistrate had to issue an order under 1617 and then had to prepare a warrant
[21:40.460 --> 21:48.460]  because this was a warrantless arrest, had to prepare a warrant under 1620.
[21:48.460 --> 21:57.460]  Now, the warrants are not issued by judges unless they're issued from a trial.
[21:57.460 --> 22:04.460]  Like if someone is subpoenaed to court and they don't show up, the trial judge can issue a warrant.
[22:04.460 --> 22:09.460]  But otherwise, warrants are issued by magistrates.
[22:09.460 --> 22:14.460]  Now, if a magistrate has an issue to warrant and the person's been arrested without one,
[22:14.460 --> 22:19.460]  then the magistrate who finds probable cause issues a warrant.
[22:19.460 --> 22:25.460]  If a warrant has already been issued, then a magistrate found probable cause in an examining trial,
[22:25.460 --> 22:28.460]  an ex parte examining trial.
[22:28.460 --> 22:34.460]  And in either case, the warrants always say the same thing.
[22:34.460 --> 22:39.460]  They don't say arrest this person and take him and throw him in the clink.
[22:39.460 --> 22:49.460]  It says, arrest this person and bring him before me.
[22:49.460 --> 22:53.460]  Now, how is that hard to understand?
[22:53.460 --> 23:03.460]  The magistrate who issues the warrant only has authority to order that policeman to bring that person before me.
[23:03.460 --> 23:06.460]  For the examining trial?
[23:06.460 --> 23:07.460]  For an examining trial.
[23:07.460 --> 23:09.460]  Okay, so that's what the statute says.
[23:09.460 --> 23:11.460]  I mean, we've been over this for like four years.
[23:11.460 --> 23:13.460]  Okay, wait, wait, wait. Let me finish here.
[23:13.460 --> 23:14.460]  What's the deal with the case law?
[23:14.460 --> 23:16.460]  Okay, here's the deal.
[23:16.460 --> 23:20.460]  Then the magistrate is to seal all these documents in an envelope,
[23:20.460 --> 23:23.460]  cause his name be written across the seal of the envelope,
[23:23.460 --> 23:25.460]  and forward it to the clerk of the court of jurisdiction.
[23:25.460 --> 23:35.460]  He prepares the warrant in finding a probable cause and forwards that to the clerk of the court of jurisdiction,
[23:35.460 --> 23:39.460]  and that's what gives the court jurisdiction to hear the case.
[23:39.460 --> 23:44.460]  Well, they followed the paperwork.
[23:44.460 --> 23:46.460]  The person is arrested.
[23:46.460 --> 23:48.460]  He's thrown in jail.
[23:48.460 --> 23:53.460]  A magistrate comes down to the jail and does this magistration song and dance.
[23:53.460 --> 23:58.460]  And then he gathers up all the papers and sends them to the court.
[23:58.460 --> 24:01.460]  He gathers up all the papers.
[24:01.460 --> 24:05.460]  He doesn't gather up all the papers and send them to the court.
[24:05.460 --> 24:13.460]  The magistrate only has subject matter jurisdiction for the purpose of making a determination of probable cause.
[24:13.460 --> 24:16.460]  But then he doesn't forward the paperwork to the court.
[24:16.460 --> 24:19.460]  It gives it to the prosecutor and attorney.
[24:19.460 --> 24:24.460]  It leaves the arrested person in a state of legal limbo.
[24:24.460 --> 24:28.460]  I was thrown in jail once several years ago.
[24:28.460 --> 24:33.460]  Kid in there had been there 39 days for stealing a hat from Walmart.
[24:33.460 --> 24:37.460]  He had filed several requests for court appointed counsel.
[24:37.460 --> 24:41.460]  He filed a writ of habeas corpus, nothing.
[24:41.460 --> 24:50.460]  So I called a friend of mine and had him go on my computer, pull down a motion for court appointed counsel.
[24:50.460 --> 24:53.460]  He did. Hal brought it down to the jail.
[24:53.460 --> 24:56.460]  They brought this kid out. The kid signed it.
[24:56.460 --> 25:00.460]  He took it to the clerk and the clerk said, well, I can't take this.
[25:00.460 --> 25:03.460]  I don't have a case on this guy.
[25:03.460 --> 25:10.460]  He's been sitting in jail for 39 days and the court does not know he exists.
[25:10.460 --> 25:16.460]  I checked the court records in Wise County and on almost everything there was two papers.
[25:16.460 --> 25:22.460]  The information filed by the prosecuting attorney in the deal, information deal, nothing else in there.
[25:22.460 --> 25:25.460]  None of this stuff they used before the magistrate.
[25:25.460 --> 25:32.460]  One of them in the deal, the guy got 469 days time served.
[25:32.460 --> 25:37.460]  How on earth did he do that unless they arrested him?
[25:37.460 --> 25:40.460]  Sent the paperwork to the prosecutor.
[25:40.460 --> 25:48.460]  He fell through the cracks and he sat in jail for 469 days before he agreed to make a deal.
[25:48.460 --> 25:52.460]  This is a very, very big problem.
[25:52.460 --> 25:59.460]  So the court looked at it and they said, oh, my goodness, if the magistrate performs an examining trial,
[25:59.460 --> 26:04.460]  1730 commands him to send all this paperwork to the clerk, the court, and they hadn't been doing that.
[26:04.460 --> 26:14.460]  That means every single case is subject to be thrown in the trash because they lost subject matter jurisdiction.
[26:14.460 --> 26:19.460]  So they made up this song and dance and seltzer down your pants.
[26:19.460 --> 26:32.460]  They granted the magistrate trial court jurisdiction until time of arraignment.
[26:32.460 --> 26:40.460]  So effectively, a person could be arrested, bound to the court and held indefinitely,
[26:40.460 --> 26:49.460]  subject to the authority of a magistrate which has no trial court authority until the trial court decides to arraign the person.
[26:49.460 --> 26:53.460]  Well, the trial court don't know he's there because they didn't send the paperwork there.
[26:53.460 --> 26:56.460]  That could be a very long time.
[26:56.460 --> 27:03.460]  So they had to fix this problem to keep from having to go back and either redo all these trials or toss them.
[27:03.460 --> 27:07.460]  Anything over the statute of limitations would be history.
[27:07.460 --> 27:11.460]  There's another issue with what they're doing.
[27:11.460 --> 27:17.460]  They made this up to cover their behinds and now they're stuck with it.
[27:17.460 --> 27:21.460]  Now we need to go in and unstick them.
[27:21.460 --> 27:23.460]  Go ahead, Eddie.
[27:23.460 --> 27:27.460]  Yeah, there's part about where they go down to the jail to magistrate you.
[27:27.460 --> 27:30.460]  Article 1.24, public trial.
[27:30.460 --> 27:37.460]  The proceedings and trials in all courts shall be public.
[27:37.460 --> 27:38.460]  You know this one.
[27:38.460 --> 27:41.460]  They obviously should know this one.
[27:41.460 --> 27:47.460]  So how is it they're getting away with holding these secret proceedings where there's no one present,
[27:47.460 --> 27:58.460]  including assistance of counsel to the accused, when they do these alleged magistrations in front of these jail cells and over these closed-circuit TVs?
[27:58.460 --> 28:06.460]  This is what I was talking about earlier about where they have multiple parts of law that conflict directly with other parts of law
[28:06.460 --> 28:13.460]  and in some cases, lots of cases, directly with the mandates of the Texas Constitution.
[28:13.460 --> 28:21.460]  It seems like no matter what these people do, the last thing they ever read is the constitutional requirements for what they're doing,
[28:21.460 --> 28:25.460]  much less the other statutes that relate to it.
[28:25.460 --> 28:30.460]  I had Tim going through looking for case law on this subject,
[28:30.460 --> 28:37.460]  and this is a lot of what he found regarding the examining trial and things like the criminal complaint granting jurisdiction.
[28:37.460 --> 28:50.460]  What it turns out to be is that these courts are relying on their own opinions and statute that existed at the time of these opinions but is no longer valid.
[28:50.460 --> 28:57.460]  It was repealed, and when the actual statute was repealed, so was its case law.
[28:57.460 --> 29:08.460]  We have from 2002, and it is currently still in the training manual for the clerks of the court,
[29:08.460 --> 29:25.460]  that they rely on a case called Ex Parte Greenwood from 1957 as their authority to proceed in a municipal court upon the complaint alone.
[29:25.460 --> 29:33.460]  And yet, when you go and read 45.01, it never says that.
[29:33.460 --> 29:35.460]  We talked about this a little bit last night.
[29:35.460 --> 29:41.460]  It simply says that all proceedings of municipal court shall proceed upon complaint.
[29:41.460 --> 29:45.460]  But, hell, every Texas case has to start with a complaint.
[29:45.460 --> 29:46.460]  All right, folks, we'll be right back.
[29:46.460 --> 30:00.460]  Rule of Law Radio, 512-646-1984. We will be right back.
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[32:20.460 --> 32:33.460]  Hi, folks. We are back. This is Rule of Law Radio.
[32:33.460 --> 32:36.460]  Eddie Craig and Everett Stevens with Randy Kelton.
[32:36.460 --> 32:39.460]  And we do see you there on the caller board, folks.
[32:39.460 --> 32:43.460]  So hang on just a moment. We're going to wrap this up and start taking your calls.
[32:43.460 --> 32:48.460]  Now, just as an example, what we were talking about in this case law, for instance,
[32:48.460 --> 32:53.460]  I've got 14 different cases here all dealing with the issue of examining trials.
[32:53.460 --> 32:57.460]  Some of these things date all the way back to the 1800s.
[32:57.460 --> 33:05.460]  And what it really amounts to is where they're either relying on prior court opinions entirely
[33:05.460 --> 33:12.460]  or they're relying on a prior court opinion that incorrectly made an interpretation of existing statute,
[33:12.460 --> 33:19.460]  which they are extremely bad about doing because they tend to take only the one sentence they want to work with.
[33:19.460 --> 33:21.460]  They don't read it in context.
[33:21.460 --> 33:28.460]  They don't read it in relation to other parts of law to see what their interpretation would affect
[33:28.460 --> 33:38.460]  and how the effect would either wind up being completely erroneous and invalidate that interpretation or so on and so forth.
[33:38.460 --> 33:49.460]  I mean, if they deny you the due process right of the examining trial, how many other parts of law does that negate?
[33:49.460 --> 33:58.460]  Where do you go when your due process rights are related to one decision that affects multiple other rights at the same time?
[33:58.460 --> 34:01.460]  Any ideas on that, Randy?
[34:01.460 --> 34:06.460]  Well, I want to say to the legislature, but that's really not the right place.
[34:06.460 --> 34:12.460]  We have to make them, if we can't get a good argument before the Court of Criminal Appeals,
[34:12.460 --> 34:22.460]  one that they'll actually listen to, then the only place left is to go to the legislature for clarification
[34:22.460 --> 34:28.460]  or maybe a whole new law altogether, and we've proposed a few of those.
[34:28.460 --> 34:33.460]  Okay, we are getting a lot of callers up.
[34:33.460 --> 34:36.460]  How about if we start going to callers, Eddie?
[34:36.460 --> 34:38.460]  Works for me.
[34:38.460 --> 34:41.460]  Okay, Gary from Texas.
[34:41.460 --> 34:44.460]  Hey, good evening, y'all.
[34:44.460 --> 34:45.460]  Evening, Gary.
[34:45.460 --> 34:51.460]  Hey, I've been reading and talking to Eddie a lot about this examining trial issue
[34:51.460 --> 35:04.460]  and recently attended a pretrial hearing with a friend of mine in which he had made his initial appearance,
[35:04.460 --> 35:12.460]  asked to speak to the magistrate for the purposes of that magistrate holding an examining court, was denied,
[35:12.460 --> 35:18.460]  then went to the pretrial hearing and objected to the pretrial hearing
[35:18.460 --> 35:25.460]  because the magistrate had failed to hold the examining trial.
[35:25.460 --> 35:31.460]  The magistrate in his case had actually written down on a piece of paper and affixed his seal to it
[35:31.460 --> 35:41.460]  that the reason he did not allow the examining trial is because it was a fine-only misdemeanor.
[35:41.460 --> 35:48.460]  The judge actually wrote that down and put a seal on it.
[35:48.460 --> 35:57.460]  And so, you know, I'm reading 1517A, 1517B, CDEFG,
[35:57.460 --> 36:08.460]  and I keep hearing these judges in these courts say that if you're a fine-only misdemeanor,
[36:08.460 --> 36:13.460]  you're not entitled to an examining court. That's for felons only.
[36:13.460 --> 36:21.460]  But then I read in 1517B, it specifically says when the accused of a fine-only misdemeanor
[36:21.460 --> 36:27.460]  is brought before the magistrate, you know,
[36:27.460 --> 36:34.460]  it actually deals with that fine-only misdemeanor accused individual being taken before the magistrate.
[36:34.460 --> 36:43.460]  Well, what is the only purpose of a magistrate? There's only two of them that I'm aware of unless I'm wrong.
[36:43.460 --> 36:53.460]  And one of them is to hold examining court to determine if the probable cause exists to move forward.
[36:53.460 --> 36:58.460]  So what is the – you know, Randy, you have a term which I really like.
[36:58.460 --> 37:06.460]  You say, what is the dead-bang statute or the dead-bang case law
[37:06.460 --> 37:13.460]  or the dead-bang something that you could call a judge in a court that would stop him dead in his tracks
[37:13.460 --> 37:19.460]  and he'd say, oh, my God, we are messed up. We've got no jurisdiction. I need to dismiss this case.
[37:19.460 --> 37:23.460]  Is there such a dead-bang thing that we know of?
[37:23.460 --> 37:28.460]  Gerstein Pugh. Gerstein Pugh is very clear.
[37:28.460 --> 37:36.460]  It says it would – and then Gerstein Pugh is a controlling case in the Fed, and the Fed applies to the state.
[37:36.460 --> 37:41.460]  The same requirements are in the federal and state constitutions.
[37:41.460 --> 37:42.460]  Right.
[37:42.460 --> 37:48.460]  It says it would be better if all arrests could be made on an existing warrant,
[37:48.460 --> 37:54.460]  but it is a practical compromise to allow a police officer to arrest for an on-site offense,
[37:54.460 --> 37:58.460]  and he may hold the person for as long – for a reasonable amount of time,
[37:58.460 --> 38:02.460]  for that amount of time it takes to ensure against the escape of the accused
[38:02.460 --> 38:05.460]  and ensure the safety of the police officer.
[38:05.460 --> 38:12.460]  Once those goals are accomplished, the authority of the officer to hold evaporates.
[38:12.460 --> 38:19.460]  He must get the person before a magistrate for an examination.
[38:19.460 --> 38:22.460]  That's real clear.
[38:22.460 --> 38:29.460]  The primary Texas case is Heath Boyd. It's a 1921 case.
[38:29.460 --> 38:31.460]  Let's say that again.
[38:31.460 --> 38:34.460]  Heath Boyd, 1921 Texas case.
[38:34.460 --> 38:39.460]  Guy's operating a maintainer, cutting a road. The owner of the property tells him to stop.
[38:39.460 --> 38:42.460]  He refuses. Calls the sheriff. Sheriff tells him to stop.
[38:42.460 --> 38:45.460]  He said, no, if I stop, my boss will fire me.
[38:45.460 --> 38:47.460]  If you don't stop, I'll arrest you. You're going to have to.
[38:47.460 --> 38:50.460]  He said, get off that maintainer. Get in your car and follow me to my office.
[38:50.460 --> 38:53.460]  He gets off the maintainer, gets in his car, follows him to his office.
[38:53.460 --> 38:56.460]  Corpus Christi, 26 miles away.
[38:56.460 --> 39:01.460]  Problem. They passed a magistrate five miles away.
[39:01.460 --> 39:06.460]  The sheriff held the guy for 45 minutes, called the guy's boss,
[39:06.460 --> 39:09.460]  talked to the boss, told him, you can go.
[39:09.460 --> 39:11.460]  Sued the sheriff, won 500 bucks.
[39:11.460 --> 39:14.460]  And that was in 1921.
[39:14.460 --> 39:16.460]  That's still good law.
[39:16.460 --> 39:20.460]  Sued him because he passed a magistrate on the way to his office,
[39:20.460 --> 39:24.460]  didn't take him directly to the nearest magistrate.
[39:24.460 --> 39:27.460]  It's very clear in law.
[39:27.460 --> 39:32.460]  They did something different because they found everybody was doing it improperly.
[39:32.460 --> 39:37.460]  Nobody cared except the person getting screwed around.
[39:37.460 --> 39:40.460]  The attorneys didn't care because they didn't want to have to get up two o'clock in the morning
[39:40.460 --> 39:43.460]  and come down to the area of the examination trial.
[39:43.460 --> 39:47.460]  The prosecutors certainly didn't care because they didn't want to mess with them either.
[39:47.460 --> 39:57.460]  The agencies that collected the money liked it because it gave them a way to force everybody
[39:57.460 --> 40:03.460]  into so much difficulty that they would pay the fine.
[40:03.460 --> 40:08.460]  They've got the conviction rate up to 99.6%.
[40:08.460 --> 40:14.460]  So it worked out very well for them for administrative convenience and adjudicative expediency.
[40:14.460 --> 40:17.460]  It just has a due process problem.
[40:17.460 --> 40:22.460]  Well, you know, if these two cases are clear,
[40:22.460 --> 40:29.460]  I think that Section 543 of the Texas Transportation Code is abundantly clear
[40:29.460 --> 40:37.460]  because it orders the officer, unless that officer takes an arrested person directly to a magistrate,
[40:37.460 --> 40:46.460]  it orders that officer to let the accused sign a promise to appear before a magistrate.
[40:46.460 --> 40:49.460]  It does not say judge in 543.
[40:49.460 --> 40:51.460]  It says magistrate.
[40:51.460 --> 40:56.460]  543.006 paragraph B is very clear on that point.
[40:56.460 --> 41:00.460]  It's very clear, and it says time and place specific.
[41:00.460 --> 41:10.460]  And so I have addressed this when I went and demanded myself an examining trial,
[41:10.460 --> 41:16.460]  and the judge just looked at me, refused to give the examining trial,
[41:16.460 --> 41:21.460]  but couldn't answer the question, why does 543 say magistrate and not judge?
[41:21.460 --> 41:24.460]  Well, the question is, well, tell me, what is the magistrate?
[41:24.460 --> 41:27.460]  Why am I supposed to appear before a magistrate?
[41:27.460 --> 41:31.460]  Hey, Gary, Gary, Gary, listen, we're having a real hard time understanding you.
[41:31.460 --> 41:33.460]  Are you on a speakerphone?
[41:33.460 --> 41:34.460]  No, ma'am, I'm not.
[41:34.460 --> 41:35.460]  I'm on a cell phone.
[41:35.460 --> 41:36.460]  I apologize for that.
[41:36.460 --> 41:37.460]  Okay, no, that's okay.
[41:37.460 --> 41:38.460]  That's okay.
[41:38.460 --> 41:40.460]  Maybe I'm talking too fast.
[41:40.460 --> 41:41.460]  No, no, no, no.
[41:41.460 --> 41:42.460]  You're not talking too fast.
[41:42.460 --> 41:44.460]  It's just kind of muffled.
[41:44.460 --> 41:46.460]  I mean, you're saying some really, really good stuff.
[41:46.460 --> 41:49.460]  I just wanted to make sure all the listeners can hear you.
[41:49.460 --> 41:50.460]  Okay.
[41:50.460 --> 41:59.460]  I just, you know, 543.006B, it says the place specified in the notice must be before a magistrate.
[41:59.460 --> 42:02.460]  It does not say judge.
[42:02.460 --> 42:07.460]  And the way that I have seen it, a judge has a certain duty in law
[42:07.460 --> 42:10.460]  and a magistrate has a certain duty.
[42:10.460 --> 42:14.460]  And I, you know, it seems to me, if you could argue 543.003,
[42:14.460 --> 42:20.460]  which is the whole crux of the issue, that's what got you there in the first place.
[42:20.460 --> 42:23.460]  I don't see how they can get around it.
[42:23.460 --> 42:25.460]  Be a magistrate.
[42:25.460 --> 42:33.460]  You can't be a judge without somebody having first been a magistrate.
[42:33.460 --> 42:43.460]  And at the same time, 543.00 invokes 14.06, which also invokes 15.17,
[42:43.460 --> 42:50.460]  and 15.17 is directly invoked in relation to citations through 15.17G,
[42:50.460 --> 42:59.460]  where it says very clearly that a person who appears in the court in compliance with a citation issued under 14.06B or C
[42:59.460 --> 43:06.460]  shall have all the provisions of this article, meaning 15.17, done.
[43:06.460 --> 43:12.460]  And those articles' contents say inform the accused of the right to an examining trial
[43:12.460 --> 43:16.460]  and ask the accused that they require assistance of counsel.
[43:16.460 --> 43:22.460]  All of these things they're supposed to do, and yet they tell us we're not entitled to it.
[43:22.460 --> 43:30.460]  When the law in 1.05 and 1.051 and the Texas Constitution, Article 1, Section 10,
[43:30.460 --> 43:34.460]  says we have an absolute right to it in all criminal proceedings.
[43:34.460 --> 43:37.460]  That's right.
[43:37.460 --> 43:40.460]  Okay, Jerry, hang on just a second. We're going to go to break.
[43:40.460 --> 43:45.460]  All right, folks, this is Rule of Law Radio, Randy Kelton, Deborah Stevens, Eddie Craig.
[43:45.460 --> 43:52.460]  The call-in number is 512-646-1984. Hang in there. We'll be right back.
[43:52.460 --> 44:01.460]  On the other side of the break, just give us a call if you have a question or an issue.
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[46:19.460 --> 46:42.460]  Okay, this is Randy Kelton, Debra Stevens, Eddie Craig.
[46:42.460 --> 46:43.460]  We have our radio, we're back.
[46:43.460 --> 46:46.460]  We were talking to Gary from Texas.
[46:46.460 --> 46:50.460]  Gary, did you have another comment?
[46:50.460 --> 46:54.460]  Well, I just, I don't know, maybe I'm just being thick-headed,
[46:54.460 --> 47:01.460]  but it just seems to me like, you know, at the roadside you got stopped.
[47:01.460 --> 47:03.460]  It was said you got stopped for speeding tickets.
[47:03.460 --> 47:09.460]  You got issued a citation to appear in the transportation post
[47:09.460 --> 47:12.460]  that you're supposed to appear for and magistrate.
[47:12.460 --> 47:18.460]  The big problem is the citation that they force you to sign at gunpoint
[47:18.460 --> 47:25.460]  and it says you are going to appear before a judge.
[47:25.460 --> 47:32.460]  But the law says you have to appear before a magistrate.
[47:32.460 --> 47:35.460]  I always make a big deal of that at the roadside stop.
[47:35.460 --> 47:36.460]  Okay.
[47:36.460 --> 47:38.460]  It says your citation's faulty here, sir,
[47:38.460 --> 47:44.460]  because the code 543 says I'm to appear before a magistrate.
[47:44.460 --> 47:45.460]  I don't want to sign this.
[47:45.460 --> 47:48.460]  And then they say if you don't sign it, I'm going to arrest you and take you to jail.
[47:48.460 --> 47:52.460]  I said, well, I'll sign it under duress.
[47:52.460 --> 47:59.460]  But even their paperwork that they all get printed at the same printing house is wrong.
[47:59.460 --> 48:05.460]  It doesn't follow 543, which is the code under which they have the authority
[48:05.460 --> 48:09.460]  to make that so-called warrantless arrest.
[48:09.460 --> 48:14.460]  Maybe we should sue the printer because he's innocent.
[48:14.460 --> 48:23.460]  He would have a fit and feed us whoever told him to put that in there.
[48:23.460 --> 48:29.460]  Now, I'm sure they'll, they actually think that's okay, and that's my concern.
[48:29.460 --> 48:36.460]  I have a good friend who is a magistrate, who is a justice of the peace in Boyd, Texas,
[48:36.460 --> 48:38.460]  and I walked through this procedure with him, and he said,
[48:38.460 --> 48:48.460]  Mr. Kelton, are you telling me that everybody in Texas is wrong and you're right?
[48:48.460 --> 48:53.460]  I thought about it a minute, and I said, yes, as a matter of fact, I am.
[48:53.460 --> 48:55.460]  Yes, that's correct.
[48:55.460 --> 48:56.460]  Read the code.
[48:56.460 --> 49:03.460]  It's real easy, but his problem was is he's been trained to do it
[49:03.460 --> 49:08.460]  by those people he considers to be authoritative,
[49:08.460 --> 49:13.460]  and he's not willing to do something just because some chump comes along
[49:13.460 --> 49:18.460]  and says he's been doing it wrong for 20 years.
[49:18.460 --> 49:23.460]  Well, you know, there's something I read the other day in the canons of judicial ethics
[49:23.460 --> 49:30.460]  which says that the duty of the judge is to follow the law and his conscience
[49:30.460 --> 49:38.460]  without regard to any retribution from other judges or anyone else.
[49:38.460 --> 49:42.460]  That's one of their rules of ethics.
[49:42.460 --> 49:47.460]  If his conscience shows that the law itself is not being followed,
[49:47.460 --> 49:50.460]  or the Constitution itself is not being followed,
[49:50.460 --> 49:58.460]  and he fails to follow his conscience in declaring it incorrect and changing it,
[49:58.460 --> 50:01.460]  then he's failing in his duty as a judge.
[50:01.460 --> 50:05.460]  Is that in the Texas canons, Eddie?
[50:05.460 --> 50:06.460]  I believe it is.
[50:06.460 --> 50:07.460]  Yes, it is.
[50:07.460 --> 50:14.460]  I think it was Rule 133 or something like that.
[50:14.460 --> 50:20.460]  I mean, I talk to lots of people about this, and sometimes I hear,
[50:20.460 --> 50:23.460]  well, all these judges and these attorneys and everything,
[50:23.460 --> 50:25.460]  they're all corrupt or all no good.
[50:25.460 --> 50:27.460]  I don't believe that.
[50:27.460 --> 50:29.460]  I think there are some that want to do the right thing.
[50:29.460 --> 50:33.460]  If they knew what the right thing was, they'd want to follow it.
[50:33.460 --> 50:37.460]  I want to give them the benefit of the doubt,
[50:37.460 --> 50:41.460]  and I want to be able to cozy up to them and say,
[50:41.460 --> 50:48.460]  would you spend a little time with me, and let's look at what the law actually says.
[50:48.460 --> 50:55.460]  There's an example in the Bible where, I think it was Apollos,
[50:55.460 --> 51:00.460]  was approached by a pure layman, and the layman sat down and talked with him
[51:00.460 --> 51:04.460]  and said, let me lead you in the way of God more perfectly.
[51:04.460 --> 51:08.460]  Apollos, this great orator, was like the whole life.
[51:08.460 --> 51:10.460]  Apollos is probably not the name,
[51:10.460 --> 51:14.460]  but this great orator was totally humble, and he listened, and he learned,
[51:14.460 --> 51:19.460]  and he changed, and I still think that there are judges and attorneys out there
[51:19.460 --> 51:23.460]  and prosecutors that if they heard what was right,
[51:23.460 --> 51:28.460]  they're going to have to stop and think and at least reconsider what they're doing.
[51:28.460 --> 51:31.460]  We're never going to get the legislature to change it.
[51:31.460 --> 51:35.460]  So what you're saying is we need to go down to the municipal courts
[51:35.460 --> 51:41.460]  and preach the gospel according to Eddie.
[51:41.460 --> 51:44.460]  No, I'm not saying that at all.
[51:44.460 --> 51:49.460]  I'm saying we just read what the law says without the emotion
[51:49.460 --> 51:53.460]  and read what the law says without the, you know, you're the authority,
[51:53.460 --> 51:58.460]  and the judges think that they're the authority.
[51:58.460 --> 52:01.460]  I believe that I am. That's my courtroom.
[52:01.460 --> 52:05.460]  These were my grandparents and great-grandparents
[52:05.460 --> 52:10.460]  and great-grandparents whose blood was spilled to make these laws
[52:10.460 --> 52:12.460]  that I get to enjoy today.
[52:12.460 --> 52:15.460]  That's my courtroom. That's my Constitution.
[52:15.460 --> 52:19.460]  That's my Articles of Confederation.
[52:19.460 --> 52:21.460]  You know, I get to defend it.
[52:21.460 --> 52:26.460]  I'm the boss when I walk into a courtroom, unless I'm mistaken.
[52:26.460 --> 52:30.460]  So you think you're some kind of sovereign or something?
[52:30.460 --> 52:34.460]  I think I might be a sovereign without subjects.
[52:34.460 --> 52:37.460]  That certainly works for me.
[52:37.460 --> 52:41.460]  You know, I'm sorry to be so emotional about this,
[52:41.460 --> 52:49.460]  but I'm so tired of the larceny that happened against hardworking people,
[52:49.460 --> 52:55.460]  especially now good Americans that are just being raped and pillaged in the courts.
[52:55.460 --> 52:57.460]  I told my friend the other day, I said,
[52:57.460 --> 53:03.460]  the court should be a place where the people go for safety and protection,
[53:03.460 --> 53:07.460]  and instead it's nothing but a damn whorehouse.
[53:07.460 --> 53:14.460]  And it just upsets me deeply that it's that way, because people, you know,
[53:14.460 --> 53:21.460]  other than I'd say the people that listen to y'all's show, I'm one of them,
[53:21.460 --> 53:25.460]  there are a few of us who care who want to change our country
[53:25.460 --> 53:30.460]  and change the way the legal system works.
[53:30.460 --> 53:35.460]  But we want to do it peacefully, and we want to do it the right way.
[53:35.460 --> 53:39.460]  And it's just so frustrating, because like when we read these laws
[53:39.460 --> 53:44.460]  and we see what happens actually in the courts, to me it seems so simple.
[53:44.460 --> 53:47.460]  Why don't they just follow the law?
[53:47.460 --> 53:52.460]  Because they're trained to follow procedure, and it's our job.
[53:52.460 --> 53:55.460]  It is a test for us.
[53:55.460 --> 53:58.460]  We're aware of the problem.
[53:58.460 --> 54:02.460]  It places upon us a duty to correct it.
[54:02.460 --> 54:07.460]  And in the process, I take this as an incredible challenge,
[54:07.460 --> 54:11.460]  and it's a challenge that defines my life.
[54:11.460 --> 54:14.460]  So whatever effort it takes is worth it.
[54:14.460 --> 54:18.460]  And I appreciate you, Gary, because you hang in there too,
[54:18.460 --> 54:24.460]  and I've got some quotes of yours that I've stolen, used all the time.
[54:24.460 --> 54:27.460]  I hope they be too good.
[54:27.460 --> 54:33.460]  Yes, for those of you who have heard it, when they question about my license,
[54:33.460 --> 54:36.460]  I tell them that I have one, but I'm not using it right now.
[54:36.460 --> 54:39.460]  And that was from Gary.
[54:39.460 --> 54:41.460]  Okay, do you have any more questions or comments, Gary?
[54:41.460 --> 54:42.460]  No, sir, I don't.
[54:42.460 --> 54:45.460]  I'm going to sign off and just keep listening for the rest of the evening.
[54:45.460 --> 54:47.460]  And thank you very much for what you do.
[54:47.460 --> 54:48.460]  I appreciate it.
[54:48.460 --> 54:50.460]  And thank you for your call.
[54:50.460 --> 54:55.460]  Okay, now we're going to go to Mark from Texas.
[54:55.460 --> 54:59.460]  Hello, Randy, hello, Eddie, and hello, Deborah.
[54:59.460 --> 55:01.460]  How are you all doing?
[55:01.460 --> 55:03.460]  We are doing great.
[55:03.460 --> 55:06.460]  Okay.
[55:06.460 --> 55:10.460]  Let's see, I'm wondering if you all might be able to help me out here.
[55:10.460 --> 55:18.460]  I believe this is going to involve 32.46 of the penal code,
[55:18.460 --> 55:22.460]  as the story I'm fixing to tell you here of this issue that I had before me,
[55:22.460 --> 55:27.460]  and also Code of Criminal Procedure 2.05.
[55:27.460 --> 55:36.460]  Now, I have an elderly person who happens to be related to me,
[55:36.460 --> 55:43.460]  and she had a caretaker or somebody that was looking after her affairs,
[55:43.460 --> 55:44.460]  or so she thought.
[55:44.460 --> 55:47.460]  Now, she's known this individual for, I guess, about 40 years.
[55:47.460 --> 55:51.460]  She's about 87 years old.
[55:51.460 --> 56:02.460]  And apparently he got her to sign a durable power of attorney, unbeknownst to her.
[56:02.460 --> 56:09.460]  She was under the impression that she was signing a health care power of attorney.
[56:09.460 --> 56:12.460]  Okay?
[56:12.460 --> 56:20.460]  So I found out about it.
[56:20.460 --> 56:24.460]  I found out about it through a mutual friend.
[56:24.460 --> 56:33.460]  So I immediately went down there to where she's at on the Gulf Coast, Texas Gulf Coast,
[56:33.460 --> 56:39.460]  to a county, Missouri County.
[56:39.460 --> 56:41.460]  And I found out what had happened.
[56:41.460 --> 56:46.460]  Apparently this individual had not only got her to sign this durable power of attorney,
[56:46.460 --> 56:51.460]  which turns over everything to him.
[56:51.460 --> 56:58.460]  It takes control of her assets, her real estate, anything which she has.
[56:58.460 --> 57:07.460]  And he's able to do with it what he wants, effective immediately, when it is time,
[57:07.460 --> 57:12.460]  not having to do with her being incapacitated.
[57:12.460 --> 57:18.460]  So I immediately drew up a revocation power of attorney, filed it immediately
[57:18.460 --> 57:23.460]  when the same day that she signed it, got it notarized,
[57:23.460 --> 57:29.460]  went down to the municipal court or the county seat there,
[57:29.460 --> 57:40.460]  and filed the revocation of power of attorney with the court clerk.
[57:40.460 --> 57:47.460]  I immediately then, from there, proceeded to the district attorney's office.
[57:47.460 --> 57:52.460]  Mind you, with no appointment.
[57:52.460 --> 57:55.460]  I went and I spoke with the district attorney.
[57:55.460 --> 57:58.460]  I'm glad that I was surprised she actually took me,
[57:58.460 --> 58:03.460]  but spoke with her and let her know what it...
[58:03.460 --> 58:04.460]  Uh-oh, I hear the music.
[58:04.460 --> 58:06.460]  Do you want me to hold on until the other side?
[58:06.460 --> 58:07.460]  Yeah, Mark.
[58:07.460 --> 58:09.460]  Yeah, if you would, hang on just a minute, please.
[58:09.460 --> 58:11.460]  All right, we'll do it.
[58:11.460 --> 58:13.460]  All right, folks, this is Rule of Law Radio.
[58:13.460 --> 58:15.460]  We're about to go to break.
[58:15.460 --> 58:17.460]  This is the top of the hour break.
[58:17.460 --> 58:21.460]  We have another three hours, well, yeah, three hours to go
[58:21.460 --> 58:24.460]  on our Friday night marathon.
[58:24.460 --> 58:27.460]  This is Eddie Craig, Randy Kelton, Deborah Stevens.
[58:27.460 --> 58:31.460]  Caller number is 512-646-1984.
[58:31.460 --> 58:35.460]  If you have a question or an issue, please give us a call.
[58:35.460 --> 58:37.460]  The rest of the night is yours.
[58:37.460 --> 58:40.460]  Just give us a holler and let's talk something out.
[58:40.460 --> 58:59.460]  We'll be right back after the break.
[58:59.460 --> 59:03.460]  The Bible remains the most popular book in the world,
[59:03.460 --> 59:05.460]  yet countless readers are frustrated
[59:05.460 --> 59:07.460]  because they struggle to understand it.
[59:07.460 --> 59:11.460]  Some new translations try to help by simplifying the text,
[59:11.460 --> 59:13.460]  but in the process can compromise
[59:13.460 --> 59:16.460]  the profound meaning of the Scripture.
[59:16.460 --> 59:18.460]  Enter the recovery version.
[59:18.460 --> 59:22.460]  First, this new translation is extremely faithful and accurate,
[59:22.460 --> 59:27.460]  but the real story is the more than 9,000 explanatory footnotes.
[59:27.460 --> 59:31.460]  Difficult and profound passages are opened up in a marvelous way,
[59:31.460 --> 59:34.460]  providing an entrance into the riches of the Word
[59:34.460 --> 59:37.460]  beyond which you've ever experienced before.
[59:37.460 --> 59:41.460]  Bibles for America would like to give you a free recovery version
[59:41.460 --> 59:43.460]  simply for the asking.
[59:43.460 --> 59:46.460]  This comprehensive yet compact study Bible is yours
[59:46.460 --> 59:53.460]  just by calling us toll-free at 1-888-551-0102
[59:53.460 --> 59:57.460]  or by ordering online at freestudybible.com.
[59:57.460 --> 01:00:00.460]  That's freestudybible.com.
[01:00:00.460 --> 01:00:04.460]  This news brief brought to you by the International News Network.
[01:00:04.460 --> 01:00:09.460]  Egypt's uprising is costing the country at least $310 million a day.
[01:00:09.460 --> 01:00:12.460]  Banks and the stock exchange have been closed for days,
[01:00:12.460 --> 01:00:14.460]  and many factories in major cities have shut.
[01:00:14.460 --> 01:00:17.460]  There have also been more food price increases,
[01:00:17.460 --> 01:00:22.460]  one reason tens of thousands of protesters were already on the streets.
[01:00:22.460 --> 01:00:25.460]  Thirteen people, mostly civilians, were killed Thursday
[01:00:25.460 --> 01:00:29.460]  in clashes between rival sections of the Sudanese military
[01:00:29.460 --> 01:00:31.460]  down near the north-south border.
[01:00:31.460 --> 01:00:34.460]  Fighting in Malakal erupted after southern soldiers
[01:00:34.460 --> 01:00:36.460]  in a northern army unit refused to leave,
[01:00:36.460 --> 01:00:38.460]  saying they would not be given rights in the north
[01:00:38.460 --> 01:00:44.460]  once the south seceded from the north following last month's referendum.
[01:00:44.460 --> 01:00:50.460]  Oil giant Shell reported fourth-quarter profits of $2.5 million an hour
[01:00:50.460 --> 01:00:52.460]  or $5.7 billion.
[01:00:52.460 --> 01:00:55.460]  Full-year profits reached $18.6 billion,
[01:00:55.460 --> 01:00:58.460]  almost double the figure for 2009.
[01:00:58.460 --> 01:01:01.460]  The company is benefiting from rising oil prices,
[01:01:01.460 --> 01:01:07.460]  now trading at over $103 a barrel due to the crisis in Egypt.
[01:01:07.460 --> 01:01:11.460]  Intelligence experts say Omar Suleiman, Egypt's new vice president
[01:01:11.460 --> 01:01:14.460]  and potential successor to Hosni Mubarak,
[01:01:14.460 --> 01:01:16.460]  aided the US rendition program
[01:01:16.460 --> 01:01:19.460]  and oversaw the torture of an al-Qaeda suspect
[01:01:19.460 --> 01:01:23.460]  whose information helped justify the US invasion of Iraq.
[01:01:23.460 --> 01:01:27.460]  Suleiman said Monday Mubarak had ordered him to launch reforms
[01:01:27.460 --> 01:01:29.460]  and begin talking to opposition parties,
[01:01:29.460 --> 01:01:33.460]  but Suleiman, who has headed Egyptian intelligence since 1993,
[01:01:33.460 --> 01:01:37.460]  represents the continuation of the policies of the old regime.
[01:01:37.460 --> 01:01:41.460]  Emile Nachtley, a former top Middle East analyst for the CIA, said,
[01:01:41.460 --> 01:01:44.460]  quote, Mubarak and Suleiman are the same person.
[01:01:44.460 --> 01:01:49.460]  Ron Susskind, author of the 1% doctrine, calls Suleiman Mubarak's hitman.
[01:01:49.460 --> 01:01:54.460]  He told ABC News that when the CIA asked Suleiman for a DNA sample
[01:01:54.460 --> 01:01:58.460]  from a relative of al-Qaeda leader Eman al-Zawari,
[01:01:58.460 --> 01:02:03.460]  Suleiman offered the man's whole arm instead.
[01:02:03.460 --> 01:02:06.460]  A widespread drought in the Amazon rainforest last year
[01:02:06.460 --> 01:02:11.460]  caused the lungs of the world to produce more carbon dioxide than they absorbed,
[01:02:11.460 --> 01:02:14.460]  leading to a dangerous acceleration of global warming.
[01:02:14.460 --> 01:02:19.460]  Scientists have calculated the 2010 drought was even more intense
[01:02:19.460 --> 01:02:23.460]  than the one-in-a-hundred-year drought of 2005.
[01:02:23.460 --> 01:02:27.460]  They predict it will result in 8 billion tons of carbon dioxide
[01:02:27.460 --> 01:02:29.460]  being expelled from the Amazon rainforest.
[01:02:29.460 --> 01:02:31.460]  For the second time in less than a decade,
[01:02:31.460 --> 01:02:36.460]  the Earth's greatest rainforest released more carbon dioxide than it absorbed
[01:02:36.460 --> 01:02:38.460]  because so many trees died.
[01:02:38.460 --> 01:02:42.460]  Scientists believe the two droughts, which occurred just five years apart,
[01:02:42.460 --> 01:02:45.460]  may be the result of higher temperatures in the Atlantic,
[01:02:45.460 --> 01:02:49.460]  which in turn could also be influenced by man-made emissions of carbon dioxide
[01:02:49.460 --> 01:02:51.460]  and other greenhouse gases.
[01:02:51.460 --> 01:02:54.460]  Scientists have warned the world is gambling with its future
[01:02:54.460 --> 01:03:21.460]  if it fails to curb fossil fuel emissions.
[01:03:24.460 --> 01:03:33.460]  It's all according to the will of the Almighty
[01:03:33.460 --> 01:03:35.460]  I read His book and it says
[01:03:35.460 --> 01:03:39.460]  He cares not for the unsightly
[01:03:39.460 --> 01:03:41.460]  All right, folks, we are back.
[01:03:41.460 --> 01:03:44.460]  This is the Rule of Law Radio.
[01:03:44.460 --> 01:03:47.460]  Okay, we're going to continue with taking our calls.
[01:03:47.460 --> 01:03:49.460]  Randy, who else do we have up on the board there?
[01:03:49.460 --> 01:03:54.460]  Somebody muted me again.
[01:03:54.460 --> 01:03:57.460]  Lowell from Texas, Lowell.
[01:03:57.460 --> 01:03:59.460]  Yes, how are y'all tonight?
[01:03:59.460 --> 01:04:00.460]  We're doing good.
[01:04:00.460 --> 01:04:01.460]  That's great.
[01:04:01.460 --> 01:04:06.460]  Well, I've got a situation where in Collin County
[01:04:06.460 --> 01:04:22.460]  that it's about like you've seen the Planet of the Apes.
[01:04:22.460 --> 01:04:25.460]  That's just about what I feel like Charleston testing
[01:04:25.460 --> 01:04:28.460]  that I've run into with Collin County.
[01:04:28.460 --> 01:04:34.460]  And I hit the council for the defense.
[01:04:34.460 --> 01:04:39.460]  Right up front I sued a Collin County JP Court judge
[01:04:39.460 --> 01:04:45.460]  because he acted in personal authority
[01:04:45.460 --> 01:04:47.460]  and not judicial authority
[01:04:47.460 --> 01:04:52.460]  when he refused to abide by the recusal motion.
[01:04:52.460 --> 01:04:55.460]  And the only way you can recuse a JP Court judge
[01:04:55.460 --> 01:05:01.460]  is to go by under Section 5 is the first rule
[01:05:01.460 --> 01:05:05.460]  which is 523, which states district rules govern
[01:05:05.460 --> 01:05:07.460]  and as far as can be applied.
[01:05:07.460 --> 01:05:10.460]  And there is no other rule under Section 5
[01:05:10.460 --> 01:05:14.460]  that even has the word recusal in it.
[01:05:14.460 --> 01:05:19.460]  And it also conforms to the government code
[01:05:19.460 --> 01:05:24.460]  which is Chapter 27, 27055B,
[01:05:24.460 --> 01:05:28.460]  which defines it does have the word recusal,
[01:05:28.460 --> 01:05:30.460]  but this is after a fact situation.
[01:05:30.460 --> 01:05:36.460]  Okay, where you need to go is Rules of Civil Procedure 18A.
[01:05:36.460 --> 01:05:37.460]  I did, I did.
[01:05:37.460 --> 01:05:42.460]  And what it tells you, we have case law that covers that,
[01:05:42.460 --> 01:05:45.460]  that states that's Mussoir versus Ranzou.
[01:05:45.460 --> 01:05:51.460]  And it states that if a judge fails to comply by the strictures in the code,
[01:05:51.460 --> 01:05:54.460]  which tells you that you cannot, after the filing of the motion,
[01:05:54.460 --> 01:06:00.460]  you cannot submit any further orders or take any further action.
[01:06:00.460 --> 01:06:04.460]  And the decision of the recusal motion
[01:06:04.460 --> 01:06:08.460]  is going to have to be decided by some other person beside yourself.
[01:06:08.460 --> 01:06:14.460]  Now he even, he's so incompetent that he produced,
[01:06:14.460 --> 01:06:18.460]  now this was filed 23 days prior to the trial.
[01:06:18.460 --> 01:06:21.460]  So he was so incompetent that he wrote an order
[01:06:21.460 --> 01:06:24.460]  saying the recusal motion doesn't apply to him.
[01:06:24.460 --> 01:06:28.460]  He said, well, if you had put in for a change of venue, 528,
[01:06:28.460 --> 01:06:30.460]  then that'd have been all right.
[01:06:30.460 --> 01:06:32.460]  I said, well, I'm not trying to get another location.
[01:06:32.460 --> 01:06:34.460]  I'm trying to get another judge.
[01:06:34.460 --> 01:06:36.460]  Well, let me cut to the chase.
[01:06:36.460 --> 01:06:41.460]  The counsel that defended, that ended up defending him
[01:06:41.460 --> 01:06:43.460]  thought he'd play a trick,
[01:06:43.460 --> 01:06:49.460]  and it was a pretty good trick that the district court went in with.
[01:06:49.460 --> 01:06:52.460]  And he circumvented.
[01:06:52.460 --> 01:06:57.460]  There was one hearing which, when the judge,
[01:06:57.460 --> 01:06:59.460]  in Merritt v. Douglas,
[01:06:59.460 --> 01:07:02.460]  when the judge found out I wasn't going to buy into this
[01:07:02.460 --> 01:07:05.460]  plea to the jurisdiction deal,
[01:07:05.460 --> 01:07:07.460]  which is a dilatory plea,
[01:07:07.460 --> 01:07:14.460]  which tries to prevent the merits of a case being brought forth,
[01:07:14.460 --> 01:07:17.460]  she saw I wasn't going to buy into it.
[01:07:17.460 --> 01:07:22.460]  She signed the order for the plea to the jurisdiction,
[01:07:22.460 --> 01:07:26.460]  and then about two minutes later, she says,
[01:07:26.460 --> 01:07:31.460]  well, I don't have jurisdiction to rule on your motions
[01:07:31.460 --> 01:07:33.460]  or to rule on his motions.
[01:07:33.460 --> 01:07:37.460]  Now, that's on page 57 of the transcript.
[01:07:37.460 --> 01:07:41.460]  So what I did, when she got through,
[01:07:41.460 --> 01:07:43.460]  I constitutionally disqualified her,
[01:07:43.460 --> 01:07:46.460]  and I'm trying to get the merits of the case heard.
[01:07:46.460 --> 01:07:51.460]  So here comes a guy over from the judicial region,
[01:07:51.460 --> 01:07:53.460]  and as soon as I find out who it is,
[01:07:53.460 --> 01:07:56.460]  I check on his record,
[01:07:56.460 --> 01:08:00.460]  and he hadn't taken his oath in over nine years.
[01:08:00.460 --> 01:08:05.460]  Now, in Pareto Bell Bonds v. the State, 1999,
[01:08:05.460 --> 01:08:10.460]  it's stated that you must, whether you're retired or a regular judge,
[01:08:10.460 --> 01:08:14.460]  you must abide by the Texas Constitution.
[01:08:14.460 --> 01:08:17.460]  That's Article 16, Section 1,
[01:08:17.460 --> 01:08:21.460]  and you take your oath of office, which is every four years.
[01:08:21.460 --> 01:08:26.460]  If you don't, you cannot be a de jure or de facto judge
[01:08:26.460 --> 01:08:30.460]  in any orders that you submit or void.
[01:08:30.460 --> 01:08:33.460]  Well, there's also the requirement that you take the oath
[01:08:33.460 --> 01:08:35.460]  if you're a visiting judge.
[01:08:35.460 --> 01:08:38.460]  You can't just use your oath from where you were
[01:08:38.460 --> 01:08:41.460]  if you moved to a different venue or a different jurisdiction.
[01:08:41.460 --> 01:08:43.460]  You must take the oath again.
[01:08:43.460 --> 01:08:45.460]  Now, here's the thing.
[01:08:45.460 --> 01:08:50.460]  He's right over here in the first judicial region for Collin County,
[01:08:50.460 --> 01:08:53.460]  and here's the problem over in Collin County of the judicial,
[01:08:53.460 --> 01:08:55.460]  and it may be the problem with all of them.
[01:08:55.460 --> 01:08:59.460]  The person that kind of takes care of that for judges tells them,
[01:08:59.460 --> 01:09:01.460]  well, you don't have to take your oath
[01:09:01.460 --> 01:09:04.460]  because you're not a permanent judge.
[01:09:04.460 --> 01:09:09.460]  Well, that's exactly what Pareto Bell Bonds covered in 1999.
[01:09:09.460 --> 01:09:13.460]  It doesn't make any difference if you're retired or if you're working the other day.
[01:09:13.460 --> 01:09:17.460]  You're still performing a job of a regular judge,
[01:09:17.460 --> 01:09:20.460]  and that's why you have to take your oath.
[01:09:20.460 --> 01:09:23.460]  Otherwise, what you rule on is void.
[01:09:23.460 --> 01:09:24.460]  It's no good.
[01:09:24.460 --> 01:09:27.460]  Now, let me tell you what happened.
[01:09:27.460 --> 01:09:31.460]  So I appeal. I'm stuck. I can't go anywhere.
[01:09:31.460 --> 01:09:36.460]  So I appeal this to the Fifth Circuit Court of Appeals,
[01:09:36.460 --> 01:09:42.460]  and they take a year and four months to come back
[01:09:42.460 --> 01:09:45.460]  and say they've affirmed a trial course order.
[01:09:45.460 --> 01:09:49.460]  Now, I want you to tell me, number one,
[01:09:49.460 --> 01:09:53.460]  how in the hell are they going to affirm a trial course order
[01:09:53.460 --> 01:09:58.460]  when the court said they didn't have jurisdiction to rule on my motion or his motion?
[01:09:58.460 --> 01:10:03.460]  Plus, how are they going to affirm that order when there's case law that states
[01:10:03.460 --> 01:10:10.460]  when you're constitutionally disqualified, you accepted any orders that you did sign or void?
[01:10:10.460 --> 01:10:14.460]  Now, I'll tell you the answer to that. They can't.
[01:10:14.460 --> 01:10:22.460]  But now, to add to this, the counsel for that particular party stated,
[01:10:22.460 --> 01:10:26.460]  well, he filed a frivolous lawsuit behind my back.
[01:10:26.460 --> 01:10:29.460]  He got a friend of his by the name of Chris Milner.
[01:10:29.460 --> 01:10:33.460]  This is no longer there. The Collin County, well, you know it or not,
[01:10:33.460 --> 01:10:35.460]  has some pretty corrupt stuff going on.
[01:10:35.460 --> 01:10:38.460]  They're spying on each other and everything else,
[01:10:38.460 --> 01:10:43.460]  and it's not as bad as a Planet of the Apes or if you've seen the movie Idiocracy.
[01:10:43.460 --> 01:10:47.460]  I think most of those people got their license from Costco to start with,
[01:10:47.460 --> 01:10:50.460]  and that's how they did it in Idiocracy.
[01:10:50.460 --> 01:10:52.460]  They had a wrestler for a president.
[01:10:52.460 --> 01:10:56.460]  Now, the thing just became dumber and dumber as you went.
[01:10:56.460 --> 01:11:07.460]  Anyway, I got indicted by a grand jury for a civil violation of law,
[01:11:07.460 --> 01:11:11.460]  and so that indictment is about as bogus as you can be
[01:11:11.460 --> 01:11:17.460]  because the guy just bypassed what the Civil Practices Remedy Code states.
[01:11:17.460 --> 01:11:22.460]  Okay, hold on. Who filed the criminal complaint against you?
[01:11:22.460 --> 01:11:30.460]  The counsel for the defense. His name was Robert Davis, and he was counsel.
[01:11:30.460 --> 01:11:38.460]  He's an outside counsel that Collin County hired to defend their state employees.
[01:11:38.460 --> 01:11:41.460]  This guy, he's not a state employee.
[01:11:41.460 --> 01:11:44.460]  He's a local employee because he's not paid by the state.
[01:11:44.460 --> 01:11:50.460]  See, your JP court judges and county court judges are paid from local funds.
[01:11:50.460 --> 01:11:53.460]  Your district court judges are paid by the state.
[01:11:53.460 --> 01:12:02.460]  He works for a law firm here in Dallas, and he knows a lot about my dog.
[01:12:02.460 --> 01:12:04.460]  My dog knows more about the law than he does.
[01:12:04.460 --> 01:12:08.460]  But the thing is, he could just get up there in court and say,
[01:12:08.460 --> 01:12:12.460]  okay, you're right, but anyway, here's the deal.
[01:12:12.460 --> 01:12:20.460]  Pete, I get indicted. They come out and arrest me.
[01:12:20.460 --> 01:12:22.460]  And of course, like y'all were discussing earlier,
[01:12:22.460 --> 01:12:26.460]  they have to go right by the court to take you to jail.
[01:12:26.460 --> 01:12:31.460]  And this was during the daytime, and that court was going on.
[01:12:31.460 --> 01:12:36.460]  Now, the reason they don't take you to court like you're supposed to
[01:12:36.460 --> 01:12:41.460]  is because you're not on a schedule to be in court.
[01:12:41.460 --> 01:12:43.460]  So that's why they don't do it.
[01:12:43.460 --> 01:12:45.460]  No, that's not why they don't do it.
[01:12:45.460 --> 01:12:46.460]  It's inconvenient.
[01:12:46.460 --> 01:12:49.460]  They're not to take you to court.
[01:12:49.460 --> 01:12:52.460]  They're to take you to a magistrate.
[01:12:52.460 --> 01:12:53.460]  Yeah, I know that.
[01:12:53.460 --> 01:12:55.460]  And I go into courts all the time and interrupt the court
[01:12:55.460 --> 01:12:59.460]  and invoke the judge's duty as a magistrate.
[01:12:59.460 --> 01:13:04.460]  Well, in this case, I was handcuffed, and I couldn't do much.
[01:13:04.460 --> 01:13:06.460]  Yeah, but what I'm saying is...
[01:13:06.460 --> 01:13:11.460]  That's what I'm calling in about.
[01:13:11.460 --> 01:13:16.460]  My point is, this did not, what he brought his own indictment,
[01:13:16.460 --> 01:13:18.460]  frivolous lawsuit.
[01:13:18.460 --> 01:13:20.460]  You guess what?
[01:13:20.460 --> 01:13:21.460]  Wait a minute, wait a minute.
[01:13:21.460 --> 01:13:23.460]  That was what I was going to ask.
[01:13:23.460 --> 01:13:26.460]  You were charged with filing a frivolous lawsuit?
[01:13:26.460 --> 01:13:27.460]  That's correct.
[01:13:27.460 --> 01:13:33.460]  And they said, well, that violated penal code 3606.
[01:13:33.460 --> 01:13:36.460]  Well, here's the thing.
[01:13:36.460 --> 01:13:40.460]  You've got a civil act, if it was true.
[01:13:40.460 --> 01:13:42.460]  Let's just say I filed that lawsuit, and I got a stamp,
[01:13:42.460 --> 01:13:44.460]  and I stamped all over that thing, and I said,
[01:13:44.460 --> 01:13:45.460]  this is a frivolous lawsuit.
[01:13:45.460 --> 01:13:49.460]  The only thing, that's not a criminal act
[01:13:49.460 --> 01:13:52.460]  because it's not in a penal code, all right?
[01:13:52.460 --> 01:13:57.460]  In saying that violated 3606, you might say, well, you know what?
[01:13:57.460 --> 01:14:00.460]  You came out here and spit out the window.
[01:14:00.460 --> 01:14:01.460]  Okay, hold on here.
[01:14:01.460 --> 01:14:03.460]  Wait a minute, wait a minute, hold on.
[01:14:03.460 --> 01:14:06.460]  Eddie, you have my penal code.
[01:14:06.460 --> 01:14:09.460]  Will you read us 3606?
[01:14:09.460 --> 01:14:11.460]  I can read it to you.
[01:14:11.460 --> 01:14:13.460]  3606.
[01:14:13.460 --> 01:14:18.460]  It's a harm or threat of harm by an unlawful act.
[01:14:18.460 --> 01:14:19.460]  That's what it is.
[01:14:19.460 --> 01:14:21.460]  Now, are you going to tell me?
[01:14:21.460 --> 01:14:24.460]  Now, if you go to the code, you can find.
[01:14:24.460 --> 01:14:25.460]  Wait a minute, that's it?
[01:14:25.460 --> 01:14:27.460]  That's all that's in the statute?
[01:14:27.460 --> 01:14:29.460]  Well, no, it covers a lot of grounds.
[01:14:29.460 --> 01:14:33.460]  Basically, that's the gist of it by an unlawful act is what they're saying.
[01:14:33.460 --> 01:14:35.460]  36.03?
[01:14:35.460 --> 01:14:36.460]  06.
[01:14:36.460 --> 01:14:37.460]  06.
[01:14:37.460 --> 01:14:38.460]  06.
[01:14:38.460 --> 01:14:41.460]  Now, here's how you cover that.
[01:14:41.460 --> 01:14:46.460]  When you're bringing something in from another part beside the penal code,
[01:14:46.460 --> 01:14:51.460]  you go to penal code section 12.41,
[01:14:51.460 --> 01:15:00.460]  and that will tell you how an act is treated when you bring that into the penal code
[01:15:00.460 --> 01:15:03.460]  and say, well, here's what he did.
[01:15:03.460 --> 01:15:10.460]  Now, if it doesn't have confinement to jail attached to that,
[01:15:10.460 --> 01:15:15.460]  then you go over to Chapter 9 or Chapter 10,
[01:15:15.460 --> 01:15:19.460]  because that's the only two places that have frivolous in it.
[01:15:19.460 --> 01:15:24.460]  If it doesn't have confinement to jail attached to it, it can't be a felony.
[01:15:24.460 --> 01:15:27.460]  I charge with a felony.
[01:15:27.460 --> 01:15:30.460]  And this is why I say this is the planet of the ape.
[01:15:30.460 --> 01:15:34.460]  Okay, do you have the criminal complaint?
[01:15:34.460 --> 01:15:36.460]  Oh, I would have been in jail.
[01:15:36.460 --> 01:15:38.460]  Now, that wasn't the question.
[01:15:38.460 --> 01:15:40.460]  That wasn't the question.
[01:15:40.460 --> 01:15:43.460]  Stop, stop.
[01:15:43.460 --> 01:15:47.460]  Do you have the criminal complaint?
[01:15:47.460 --> 01:15:48.460]  Do I have it?
[01:15:48.460 --> 01:15:49.460]  Yes.
[01:15:49.460 --> 01:15:51.460]  Somewhere, but that's what it says.
[01:15:51.460 --> 01:15:52.460]  That was my point.
[01:15:52.460 --> 01:15:54.460]  There must be one.
[01:15:54.460 --> 01:15:56.460]  The criminal complaint says...
[01:15:56.460 --> 01:16:01.460]  It must be signed by the affiant under oath.
[01:16:01.460 --> 01:16:03.460]  Oh, no, no, I don't even know who signed it.
[01:16:03.460 --> 01:16:06.460]  But let me tell you, it didn't come from a good source.
[01:16:06.460 --> 01:16:07.460]  Okay, wait a minute.
[01:16:07.460 --> 01:16:11.460]  What section did you say they charged you under?
[01:16:11.460 --> 01:16:12.460]  3606.
[01:16:12.460 --> 01:16:14.460]  3606.
[01:16:14.460 --> 01:16:19.460]  3606 is instructed by the court and deals with witnesses when placed under rules
[01:16:19.460 --> 01:16:22.460]  shall be instructed by the court not to converse.
[01:16:22.460 --> 01:16:24.460]  That's the rule in vocation for trial.
[01:16:24.460 --> 01:16:26.460]  That's court of criminal procedure.
[01:16:26.460 --> 01:16:27.460]  Oh, I'm sorry.
[01:16:27.460 --> 01:16:28.460]  Yeah, you're right.
[01:16:28.460 --> 01:16:29.460]  I'm sorry.
[01:16:29.460 --> 01:16:38.460]  But the thing is what I'm trying to tell you is that when somebody pulls this type of trick on you,
[01:16:38.460 --> 01:16:44.460]  that means you could be put in jail or anything in Collin County.
[01:16:44.460 --> 01:16:46.460]  Okay, okay, hold on, hold on.
[01:16:46.460 --> 01:16:47.460]  We're about to go to break.
[01:16:47.460 --> 01:16:48.460]  Okay.
[01:16:48.460 --> 01:16:49.460]  We'll pick this up on the other side.
[01:16:49.460 --> 01:16:54.460]  This is Randy Kelton, Debbie Stevens, Eddie Craig, Rule of Law Radio.
[01:16:54.460 --> 01:16:58.460]  We're doing our four-hour info marathon.
[01:16:58.460 --> 01:17:01.460]  We'll be right back.
[01:17:01.460 --> 01:17:04.460]  Capital Coin and Bullion is your local source for rare coins,
[01:17:04.460 --> 01:17:07.460]  precious metals and coin supplies in the Austin metro area.
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[01:17:12.460 --> 01:17:14.460]  on your coin and metal purchases.
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[01:17:22.460 --> 01:17:25.460]  We offer daily specials on coins and bullion.
[01:17:25.460 --> 01:17:30.460]  We are located at 5448 Burnett Road, Suite 3 at the corner of Burnett and Showmark.
[01:17:30.460 --> 01:17:34.460]  And we're open Mondays and Fridays 10 to 6, Saturdays 10 to 5.
[01:17:34.460 --> 01:17:40.460]  You are welcome to stop in our shop during regular business hours or call 512-646-6440
[01:17:40.460 --> 01:17:42.460]  with any questions.
[01:17:42.460 --> 01:17:46.460]  Ask for Chad and say you heard about us on Rule of Law Radio or Texas Liberty Radio.
[01:17:46.460 --> 01:17:49.460]  That's Capital Coin and Bullion at the corner of Burnett and Showmark.
[01:17:49.460 --> 01:17:53.460]  And we're open Mondays and Fridays 10 to 6, Saturdays 10 to 5.
[01:17:53.460 --> 01:18:00.460]  That's Capital Coin and Bullion 512-646-6440.
[01:18:00.460 --> 01:18:06.460]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy.
[01:18:06.460 --> 01:18:09.460]  And neither is finding like-minded people to share it with.
[01:18:09.460 --> 01:18:12.460]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:18:12.460 --> 01:18:13.460]  Brave New Books?
[01:18:13.460 --> 01:18:14.460]  Yes.
[01:18:14.460 --> 01:18:18.460]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[01:18:18.460 --> 01:18:20.460]  Ron Paul and G. Edward Griffin.
[01:18:20.460 --> 01:18:24.460]  They even stock inner food, Berkey products and Calvin Soaps.
[01:18:24.460 --> 01:18:26.460]  There's no way a place like that exists.
[01:18:26.460 --> 01:18:28.460]  Go check it out for yourself.
[01:18:28.460 --> 01:18:32.460]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:18:32.460 --> 01:18:36.460]  By UT, there's never anywhere to park down there.
[01:18:36.460 --> 01:18:42.460]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility,
[01:18:42.460 --> 01:18:44.460]  just behind the bookstore.
[01:18:44.460 --> 01:18:47.460]  It does exist, but when are they open?
[01:18:47.460 --> 01:18:52.460]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays.
[01:18:52.460 --> 01:18:59.460]  Call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:19:22.460 --> 01:19:40.460]  Okay, this is Brandon Kelton, Debra Stevens and Craig Rubel Alidio.
[01:19:40.460 --> 01:19:44.460]  We're talking to Lowell in Texas.
[01:19:44.460 --> 01:19:49.460]  What does the complaint accuse you of specifically?
[01:19:49.460 --> 01:19:57.460]  The complaint specifically accuses me of its states filing a frivolous lawsuit.
[01:19:57.460 --> 01:20:03.460]  Now, after some wrangling and such as this,
[01:20:03.460 --> 01:20:10.460]  and me filing everything in the world showing them that a...
[01:20:10.460 --> 01:20:11.460]  Wait a minute.
[01:20:11.460 --> 01:20:15.460]  Me filing a lawsuit is the opposite of an unlawful act because I'm bringing somebody...
[01:20:15.460 --> 01:20:17.460]  Okay, wait a minute.
[01:20:17.460 --> 01:20:19.460]  Do you understand the argument?
[01:20:19.460 --> 01:20:20.460]  Yeah.
[01:20:20.460 --> 01:20:23.460]  That's all it said was you filed a frivolous lawsuit?
[01:20:23.460 --> 01:20:31.460]  A frivolous lawsuit that in this, by doing this, I violated Penal Code 3606.
[01:20:31.460 --> 01:20:36.460]  Is there an attached affidavit of the statement of probable cause?
[01:20:36.460 --> 01:20:37.460]  You know what?
[01:20:37.460 --> 01:20:40.460]  They refused to give me the affidavit.
[01:20:40.460 --> 01:20:43.460]  They also refused to show up at Discovery.
[01:20:43.460 --> 01:20:46.460]  There's a lot of things that went down just about like...
[01:20:46.460 --> 01:20:51.460]  Bar grievances and criminal charges against them with the grand jury.
[01:20:51.460 --> 01:20:57.460]  Well, I understand what you're saying, but I just want to throw in a little bit here.
[01:20:57.460 --> 01:21:05.460]  Here's Brandenburg v. Ohio, 395 U.S. 444, 1969.
[01:21:05.460 --> 01:21:10.460]  Hell, the government cannot punish a threat of harm unless it incites imminent lawless action.
[01:21:10.460 --> 01:21:16.460]  And let me ask you this, how in the world is a lawsuit going to incite imminent lawless action?
[01:21:16.460 --> 01:21:18.460]  Wait, you keep going back to that argument.
[01:21:18.460 --> 01:21:22.460]  I think everybody listening understands that that is bogus.
[01:21:22.460 --> 01:21:24.460]  What I'm talking about is a remedy.
[01:21:24.460 --> 01:21:27.460]  Well, true.
[01:21:27.460 --> 01:21:29.460]  It gets worse than this.
[01:21:29.460 --> 01:21:30.460]  Wait a minute.
[01:21:30.460 --> 01:21:34.460]  I know we can't do the whole show on this.
[01:21:34.460 --> 01:21:41.460]  Have you filed criminal charges against that attorney and bar grievances against him?
[01:21:41.460 --> 01:21:43.460]  Well, I would have to take it.
[01:21:43.460 --> 01:21:44.460]  Let me tell you why.
[01:21:44.460 --> 01:21:45.460]  I'd have to take it to federal court because...
[01:21:45.460 --> 01:21:46.460]  No, you wouldn't.
[01:21:46.460 --> 01:21:48.460]  Oh, yes, I will.
[01:21:48.460 --> 01:21:49.460]  I'll tell you why.
[01:21:49.460 --> 01:21:53.460]  The Court of Appeals, Fifth Court of Appeals right here in Dallas is against me.
[01:21:53.460 --> 01:21:54.460]  It don't matter.
[01:21:54.460 --> 01:21:56.460]  You're not going to the Fifth Court of Appeals.
[01:21:56.460 --> 01:21:58.460]  There isn't the Fifth Court of Appeals.
[01:21:58.460 --> 01:21:59.460]  Fifth Court of Appeals is the...
[01:21:59.460 --> 01:22:00.460]  District.
[01:22:00.460 --> 01:22:01.460]  Fifth District.
[01:22:01.460 --> 01:22:02.460]  Okay.
[01:22:02.460 --> 01:22:03.460]  It don't matter.
[01:22:03.460 --> 01:22:04.460]  Wait a minute.
[01:22:04.460 --> 01:22:05.460]  Wait a minute.
[01:22:05.460 --> 01:22:06.460]  You missed something.
[01:22:06.460 --> 01:22:10.460]  You take the criminal complaint to a grand jury, not to the Fifth Court of Appeals.
[01:22:10.460 --> 01:22:11.460]  I got you.
[01:22:11.460 --> 01:22:12.460]  I understand what you're saying now.
[01:22:12.460 --> 01:22:13.460]  That's pretty good.
[01:22:13.460 --> 01:22:16.460]  And I understand that we should...
[01:22:16.460 --> 01:22:25.460]  My problem is now that finding where the grand jury is going to be...
[01:22:25.460 --> 01:22:26.460]  You don't care.
[01:22:26.460 --> 01:22:28.460]  So I can walk in there and say, I need to talk to you.
[01:22:28.460 --> 01:22:33.460]  Okay. There's another way of going about that.
[01:22:33.460 --> 01:22:39.460]  Send your complaint to the prosecuting attorney
[01:22:39.460 --> 01:22:44.460]  and demand that the prosecuting attorney appoint an attorney pro tem
[01:22:44.460 --> 01:22:46.460]  to present your complaint to the grand jury.
[01:22:46.460 --> 01:22:48.460]  Oh, okay. Okay.
[01:22:48.460 --> 01:22:54.460]  And I would prepare a complaint against the prosecuting attorney.
[01:22:54.460 --> 01:22:56.460]  Well, they're going to cry.
[01:22:56.460 --> 01:22:57.460]  I don't care what they cry.
[01:22:57.460 --> 01:23:00.460]  Listen, we're there going to do everything wrong.
[01:23:00.460 --> 01:23:01.460]  That's the whole point.
[01:23:01.460 --> 01:23:02.460]  Yeah.
[01:23:02.460 --> 01:23:05.460]  The whole point here is getting them to do everything wrong.
[01:23:05.460 --> 01:23:06.460]  Yeah.
[01:23:06.460 --> 01:23:08.460]  You're running the routine on them.
[01:23:08.460 --> 01:23:09.460]  Yeah.
[01:23:09.460 --> 01:23:11.460]  You file with the prosecutor.
[01:23:11.460 --> 01:23:13.460]  He's going to refuse to act.
[01:23:13.460 --> 01:23:14.460]  Definitely.
[01:23:14.460 --> 01:23:15.460]  That's what you want him to do.
[01:23:15.460 --> 01:23:19.460]  Then you file against the prosecutor with a local judge.
[01:23:19.460 --> 01:23:24.460]  You just send a verified criminal affidavit against the prosecuting attorney
[01:23:24.460 --> 01:23:28.460]  accusing him of shielding from prosecution.
[01:23:28.460 --> 01:23:30.460]  Oh, I'm fixing to have to do that with the court of appeals.
[01:23:30.460 --> 01:23:34.460]  They're shielding this other guy, this guy.
[01:23:34.460 --> 01:23:35.460]  Wait a minute.
[01:23:35.460 --> 01:23:37.460]  Don't run off into the details.
[01:23:37.460 --> 01:23:40.460]  We can't spend the rest of the show on these details.
[01:23:40.460 --> 01:23:42.460]  We get a lot of these.
[01:23:42.460 --> 01:23:46.460]  You could spend two days going through all these details.
[01:23:46.460 --> 01:23:49.460]  We understand that.
[01:23:49.460 --> 01:23:52.460]  We get lots of them, and that's why I tell people
[01:23:52.460 --> 01:23:54.460]  you don't have to worry about finding criminal complaints
[01:23:54.460 --> 01:23:56.460]  to file against public officials.
[01:23:56.460 --> 01:23:58.460]  That is not a problem.
[01:23:58.460 --> 01:24:03.460]  Sorting through the plethora of complaints you find is the difficult part.
[01:24:03.460 --> 01:24:05.460]  But there's a routine.
[01:24:05.460 --> 01:24:06.460]  Don't go down there.
[01:24:06.460 --> 01:24:08.460]  Don't face them.
[01:24:08.460 --> 01:24:12.460]  Because no matter what you do, they'll lie about it.
[01:24:12.460 --> 01:24:13.460]  Oh, definitely.
[01:24:13.460 --> 01:24:16.460]  So send it in registered mail.
[01:24:16.460 --> 01:24:19.460]  Well, I need to send this registered mail to the grand jury?
[01:24:19.460 --> 01:24:22.460]  No, send it to the prosecuting attorney first.
[01:24:22.460 --> 01:24:24.460]  You want to set him up.
[01:24:24.460 --> 01:24:25.460]  Oh, okay.
[01:24:25.460 --> 01:24:27.460]  Who is the prosecuting attorney?
[01:24:27.460 --> 01:24:29.460]  You're talking about Collin County?
[01:24:29.460 --> 01:24:30.460]  Yes.
[01:24:30.460 --> 01:24:31.460]  Okay.
[01:24:31.460 --> 01:24:33.460]  He'll refuse to act.
[01:24:33.460 --> 01:24:37.460]  Then you prepare a complaint against the prosecuting attorney
[01:24:37.460 --> 01:24:41.460]  and send it to the highest level district judge you can find.
[01:24:41.460 --> 01:24:43.460]  And he'll refuse to act.
[01:24:43.460 --> 01:24:47.460]  And then you send a complaint to the district attorney's office
[01:24:47.460 --> 01:24:53.460]  addressed to the foreman of the grand jury, registered, restricted.
[01:24:53.460 --> 01:24:56.460]  That means only the address he can sign for it.
[01:24:56.460 --> 01:24:57.460]  Right.
[01:24:57.460 --> 01:25:00.460]  Well, the prosecutor will sign for it.
[01:25:00.460 --> 01:25:05.460]  And when he opens it up, he'll find criminal charges against the district judge
[01:25:05.460 --> 01:25:10.460]  for shielding criminal complaints against the prosecuting attorney from the grand jury.
[01:25:10.460 --> 01:25:15.460]  Because Article 2.03 is very clear.
[01:25:15.460 --> 01:25:19.460]  Any complaint against a public official goes to the grand jury.
[01:25:19.460 --> 01:25:22.460]  You can't send it to the prosecuting attorney
[01:25:22.460 --> 01:25:26.460]  because he's the accused, so the judge give it to the grand jury.
[01:25:26.460 --> 01:25:28.460]  And he didn't do that.
[01:25:28.460 --> 01:25:32.460]  So you file criminal charges against the judge.
[01:25:32.460 --> 01:25:37.460]  And when the prosecutor gets that, he's going to say,
[01:25:37.460 --> 01:25:39.460]  this guy set me up.
[01:25:39.460 --> 01:25:41.460]  Yes, you did.
[01:25:41.460 --> 01:25:45.460]  And put a letter in there to the foreman of the grand jury asking the foreman
[01:25:45.460 --> 01:25:50.460]  to sign this letter or initial it and send it back to you so you'll know he got it.
[01:25:50.460 --> 01:25:51.460]  Yeah.
[01:25:51.460 --> 01:25:56.460]  When you don't get that back, you have reason to believe that the prosecuting attorney
[01:25:56.460 --> 01:25:58.460]  interfered with the public mail.
[01:25:58.460 --> 01:26:02.460]  Then you go to the postal inspectors
[01:26:02.460 --> 01:26:05.460]  and accuse the prosecuting attorney of shielding criminal complaints against himself
[01:26:05.460 --> 01:26:15.460]  and the district judge from the grand jury by intercepting U.S. mail to the grand jury.
[01:26:15.460 --> 01:26:17.460]  Right. That's true.
[01:26:17.460 --> 01:26:21.460]  In the end, everything's political.
[01:26:21.460 --> 01:26:23.460]  Well, I just want to say one more thing.
[01:26:23.460 --> 01:26:29.460]  When people talk about having an attorney in this and that,
[01:26:29.460 --> 01:26:36.460]  it's, say, in 1963, Gideon v. Rain White,
[01:26:36.460 --> 01:26:41.460]  that was a landmark case where the United States Supreme Court stated,
[01:26:41.460 --> 01:26:46.460]  unanimously, ruled that state courts are required under the Sixth Amendment
[01:26:46.460 --> 01:26:50.460]  of the Constitution to provide counsel in criminal cases for defendants
[01:26:50.460 --> 01:26:53.460]  who are unable to afford their attorneys.
[01:26:53.460 --> 01:26:57.460]  Now, this is going to override any Texas statutory law or anything else
[01:26:57.460 --> 01:26:59.460]  because this is the law of the land.
[01:26:59.460 --> 01:27:01.460]  And guess what?
[01:27:01.460 --> 01:27:04.460]  They didn't even come up with an attorney for me.
[01:27:04.460 --> 01:27:08.460]  They just want to let the other people out there know that you're supposed to provide.
[01:27:08.460 --> 01:27:09.460]  Okay, hold on, hold on.
[01:27:09.460 --> 01:27:12.460]  Did you demand court-appointed counsel?
[01:27:12.460 --> 01:27:13.460]  You know what?
[01:27:13.460 --> 01:27:17.460]  I've made a bunch of demands that they totally ignored.
[01:27:17.460 --> 01:27:20.460]  They ignored everything I filed.
[01:27:20.460 --> 01:27:25.460]  Okay, listen, you need to consider everything you file as a setup
[01:27:25.460 --> 01:27:28.460]  to give you reason to file criminal charges of grand jury.
[01:27:28.460 --> 01:27:29.460]  Oh, definitely,
[01:27:29.460 --> 01:27:34.460]  because I covered this thing about a mile wide with motions before the trial.
[01:27:34.460 --> 01:27:35.460]  And the trial...
[01:27:35.460 --> 01:27:36.460]  Okay, wait, wait.
[01:27:36.460 --> 01:27:37.460]  Don't go back into the content.
[01:27:37.460 --> 01:27:38.460]  Okay.
[01:27:38.460 --> 01:27:41.460]  Well, they committed extrinsic fraud, if you know what that is.
[01:27:41.460 --> 01:27:42.460]  Yes.
[01:27:42.460 --> 01:27:43.460]  All right.
[01:27:43.460 --> 01:27:44.460]  Wait.
[01:27:44.460 --> 01:27:46.460]  Stop, stop, stop.
[01:27:46.460 --> 01:27:47.460]  Stop.
[01:27:47.460 --> 01:27:49.460]  Don't go back into the content.
[01:27:49.460 --> 01:27:50.460]  We can spend the whole show on the content.
[01:27:50.460 --> 01:27:51.460]  Yeah.
[01:27:51.460 --> 01:27:52.460]  Well, anyway, there's a kangaroo court, so...
[01:27:52.460 --> 01:27:54.460]  We understand kangaroo courts.
[01:27:54.460 --> 01:27:55.460]  We deal with them all the time.
[01:27:55.460 --> 01:27:56.460]  Yeah.
[01:27:56.460 --> 01:27:57.460]  Okay.
[01:27:57.460 --> 01:27:58.460]  Well, that's all I wanted to say.
[01:27:58.460 --> 01:28:02.460]  And so far, what I've heard that y'all hit the nail on the head
[01:28:02.460 --> 01:28:08.460]  is just that it's so pathetic that they will do things to a person
[01:28:08.460 --> 01:28:12.460]  that they're totally, totally illegal and sit back and play like...
[01:28:12.460 --> 01:28:13.460]  They never heard...
[01:28:13.460 --> 01:28:15.460]  They never saw anything you filed.
[01:28:15.460 --> 01:28:19.460]  That's because we don't do our part.
[01:28:19.460 --> 01:28:22.460]  We don't kick them in the seat of their professional pants.
[01:28:22.460 --> 01:28:26.460]  Well, the only way to get their pants is to get in their pocketbook.
[01:28:26.460 --> 01:28:27.460]  And the other part...
[01:28:27.460 --> 01:28:28.460]  Okay.
[01:28:28.460 --> 01:28:30.460]  Let me tell you how to get in their pocketbook.
[01:28:30.460 --> 01:28:31.460]  If they...
[01:28:31.460 --> 01:28:32.460]  Stop, stop, stop.
[01:28:32.460 --> 01:28:33.460]  Well, yeah.
[01:28:33.460 --> 01:28:34.460]  And...
[01:28:34.460 --> 01:28:35.460]  Stop.
[01:28:35.460 --> 01:28:36.460]  And a court.
[01:28:36.460 --> 01:28:37.460]  Okay.
[01:28:37.460 --> 01:28:38.460]  No, not in the court.
[01:28:38.460 --> 01:28:39.460]  They own the courts.
[01:28:39.460 --> 01:28:42.460]  Courts are absolutely corrupt.
[01:28:42.460 --> 01:28:45.460]  Getting a pocketbook in their insurance policies.
[01:28:45.460 --> 01:28:48.460]  Bar grieve that attorney every opportunity you get,
[01:28:48.460 --> 01:28:52.460]  and judicial conduct, complaint to judge at every opportunity.
[01:28:52.460 --> 01:28:53.460]  Yeah.
[01:28:53.460 --> 01:28:55.460]  That puts a claim against...
[01:28:55.460 --> 01:28:58.460]  If your judicial conduct complaint to judge,
[01:28:58.460 --> 01:29:00.460]  it raises his bond rating.
[01:29:00.460 --> 01:29:02.460]  Oh, you're talking about the errors and remissions that they carry?
[01:29:02.460 --> 01:29:03.460]  Yes.
[01:29:03.460 --> 01:29:06.460]  Yes, and it reaches enough, and they're going to tell him,
[01:29:06.460 --> 01:29:07.460]  we can't cover you.
[01:29:07.460 --> 01:29:10.460]  He'll either have to put up the bond out of his own pocket
[01:29:10.460 --> 01:29:12.460]  or stand down.
[01:29:12.460 --> 01:29:13.460]  Yeah, correct.
[01:29:13.460 --> 01:29:16.460]  Prosecute an attorney, one bar grievance, first year of practice,
[01:29:16.460 --> 01:29:18.460]  and cancel his malpractice insurance immediately.
[01:29:18.460 --> 01:29:20.460]  That's why you want court appointed counsel.
[01:29:20.460 --> 01:29:24.460]  First thing you tell him, you fail to do everything right.
[01:29:24.460 --> 01:29:26.460]  First time you screw up, I'll bar grieve you.
[01:29:26.460 --> 01:29:30.460]  And then when you try to get removed from the case, I'll sue the judge.
[01:29:30.460 --> 01:29:31.460]  Yeah, yeah.
[01:29:31.460 --> 01:29:32.460]  I did this to mine.
[01:29:32.460 --> 01:29:33.460]  That's how I beat my last case.
[01:29:33.460 --> 01:29:36.460]  Okay, when we come back, we're going to go to Martin from California.
[01:29:36.460 --> 01:29:37.460]  Thank you, Lowell.
[01:29:37.460 --> 01:29:39.460]  All right, thank you all very much.
[01:29:39.460 --> 01:29:40.460]  You are very knowledgeable.
[01:29:40.460 --> 01:29:41.460]  Thank you.
[01:29:41.460 --> 01:29:45.460]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig.
[01:29:45.460 --> 01:29:47.460]  We're La Radio.
[01:29:47.460 --> 01:29:50.460]  It's our four-hour info marathon.
[01:29:50.460 --> 01:29:52.460]  We've got a stack of calls building up.
[01:29:52.460 --> 01:29:54.460]  We'll start taking calls.
[01:29:54.460 --> 01:29:56.460]  We'll take Martin on the other side.
[01:29:56.460 --> 01:29:59.460]  We'll be right back.
[01:29:59.460 --> 01:30:02.460]  Top ten reasons to question the official story of the Oklahoma City bombing.
[01:30:02.460 --> 01:30:04.460]  Number nine, the extra leg.
[01:30:04.460 --> 01:30:07.460]  Former Oklahoma State medical examiner Dr. Fred Jordan had stated,
[01:30:07.460 --> 01:30:11.460]  we had eight people with amputated left legs and nine left legs to account for.
[01:30:11.460 --> 01:30:15.460]  Chief pathologist for Northern Ireland T.K. Marshall,
[01:30:15.460 --> 01:30:18.460]  who performed over 2,500 autopsies in his time, stated,
[01:30:18.460 --> 01:30:20.460]  there's never been an unknown victim.
[01:30:20.460 --> 01:30:22.460]  This leg belonged to a perpetrator close enough to the bomb
[01:30:22.460 --> 01:30:25.460]  for his body to be damaged, leaving only a left leg behind.
[01:30:25.460 --> 01:30:27.460]  Who was this person?
[01:30:27.460 --> 01:30:32.460]  Please go to okcbombingtruth.com.
[01:30:32.460 --> 01:30:35.460]  We all know the world's oil supplies are dwindling,
[01:30:35.460 --> 01:30:37.460]  but there's another shortage that's less well known,
[01:30:37.460 --> 01:30:40.460]  and it could change how you celebrate your next birthday.
[01:30:40.460 --> 01:30:44.460]  I'm Dr. Catherine Albrecht, and I'll tell you more in just a moment.
[01:30:44.460 --> 01:30:46.460]  Privacy is under attack.
[01:30:46.460 --> 01:30:49.460]  When you give up data about yourself, you'll never get it back again.
[01:30:49.460 --> 01:30:54.460]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:54.460 --> 01:30:59.460]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:59.460 --> 01:31:02.460]  Privacy, it's worth hanging on to.
[01:31:02.460 --> 01:31:06.460]  This public service announcement is brought to you by StartPage.com,
[01:31:06.460 --> 01:31:10.460]  a private search engine alternative to Google, Yahoo, and Bing.
[01:31:10.460 --> 01:31:13.460]  Start over with StartPage.
[01:31:13.460 --> 01:31:16.460]  Helium birthday balloons could become a thing of the past.
[01:31:16.460 --> 01:31:19.460]  Like oil, helium is a non-renewable resource,
[01:31:19.460 --> 01:31:22.460]  and we could run out because of an obscure U.S. law
[01:31:22.460 --> 01:31:26.460]  that requires the National Helium Reserve to be sold off by 2015.
[01:31:26.460 --> 01:31:28.460]  That makes helium super cheap.
[01:31:28.460 --> 01:31:31.460]  For example, today's helium-filled balloon that costs a dollar
[01:31:31.460 --> 01:31:37.460]  should cost about $100 to reflect the scarcity and the value of its lighter-than-air gas.
[01:31:37.460 --> 01:31:39.460]  But party balloons are the least of our worries.
[01:31:39.460 --> 01:31:42.460]  Helium is also essential for cooling MRIs in hospitals,
[01:31:42.460 --> 01:31:47.460]  running nuclear power plants, and cleaning out explosive fuel from rocket ships.
[01:31:47.460 --> 01:31:49.460]  And a list of important uses goes on.
[01:31:49.460 --> 01:31:51.460]  Let's not let it float away.
[01:31:51.460 --> 01:32:01.460]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:21.460 --> 01:32:26.460]  The wicked come with temptations
[01:32:26.460 --> 01:32:31.460]  They're trying to buy the whole place
[01:32:31.460 --> 01:32:36.460]  They want to force new nations
[01:32:36.460 --> 01:32:42.460]  Because they've fallen from grace
[01:32:42.460 --> 01:32:48.460]  I will not drink that cup
[01:32:48.460 --> 01:32:53.460]  I will not drink that cup
[01:32:53.460 --> 01:32:59.460]  I just can't act that way
[01:32:59.460 --> 01:33:04.460]  They've got this problem they're dreaming of
[01:33:04.460 --> 01:33:09.460]  And I won't be the slave come what may
[01:33:09.460 --> 01:33:11.460]  Okay, we're back.
[01:33:11.460 --> 01:33:15.460]  Randy Kelton, Dr. Stephen David Craig, The Royal Radio.
[01:33:15.460 --> 01:33:21.460]  We're going to go to Mark next.
[01:33:21.460 --> 01:33:22.460]  I don't see him on the board.
[01:33:22.460 --> 01:33:23.460]  Oh, there he is. Okay.
[01:33:23.460 --> 01:33:27.460]  We hadn't finished up with Mark from Texas, and we kind of jumped over him.
[01:33:27.460 --> 01:33:31.460]  So we're going to go to him, and then we'll come back to Martin.
[01:33:31.460 --> 01:33:34.460]  Yeah, this is Mark from Texas. I was cut off on the previous segment.
[01:33:34.460 --> 01:33:35.460]  Yes.
[01:33:35.460 --> 01:33:40.460]  Okay. All right. I guess I'll just start from the top real quick.
[01:33:40.460 --> 01:33:41.460]  Quickly.
[01:33:41.460 --> 01:33:47.460]  Let's see. The issue that I'm dealing with now involves a caretaker
[01:33:47.460 --> 01:33:54.460]  that basically induced an elderly person to fraudulently sign a durable power of attorney,
[01:33:54.460 --> 01:33:56.460]  unbeknownst to her.
[01:33:56.460 --> 01:34:02.460]  The elderly person was assuming that it was a power of attorney
[01:34:02.460 --> 01:34:05.460]  in the event that she was incapacitated.
[01:34:05.460 --> 01:34:09.460]  It was a health care power of attorney that she thought she was signing.
[01:34:09.460 --> 01:34:16.460]  That's what she was told that she was signing when, in fact, that was not the case.
[01:34:16.460 --> 01:34:23.460]  Okay. You filed a revocation, and you went to the prosecuting attorney.
[01:34:23.460 --> 01:34:24.460]  What did he do?
[01:34:24.460 --> 01:34:27.460]  That's correct. I filed a revocation of that power of attorney,
[01:34:27.460 --> 01:34:32.460]  and then I went to the district attorney that was right across the street.
[01:34:32.460 --> 01:34:37.460]  So I went into the district attorney, and she saw me, and she says,
[01:34:37.460 --> 01:34:41.460]  well, I don't know why you're here, but I'm going to go ahead
[01:34:41.460 --> 01:34:49.460]  and refer that to the local law enforcement, the local prosecutor,
[01:34:49.460 --> 01:34:55.460]  which the town prosecutor where that alleged crime happened.
[01:34:55.460 --> 01:35:03.460]  And I explained to her, I said, well, I have reason to believe that the caretaker,
[01:35:03.460 --> 01:35:09.460]  the one that actually induced her to sign, to personally sign that power of attorney,
[01:35:09.460 --> 01:35:17.460]  knows or personally knows the investigator, the police investigator.
[01:35:17.460 --> 01:35:19.460]  So I thought that was a problem there.
[01:35:19.460 --> 01:35:23.460]  And she was rather offended by that, that I even brought that up.
[01:35:23.460 --> 01:35:27.460]  And she says, well, if they need help, we'll be more than happy to help them,
[01:35:27.460 --> 01:35:30.460]  but I'm referring this to them directly.
[01:35:30.460 --> 01:35:34.460]  And I said, okay, that's fine.
[01:35:34.460 --> 01:35:41.460]  So anyway, I had gone in to talk to the investigator
[01:35:41.460 --> 01:35:47.460]  after those documents were sent over to the local police investigator.
[01:35:47.460 --> 01:35:56.460]  And she said that she wasn't able to meet me, but for me to come back at a later date
[01:35:56.460 --> 01:36:01.460]  and that she could talk about the alleged crime.
[01:36:01.460 --> 01:36:05.460]  And she told me what date, actually it was Saturday when she told me to come by.
[01:36:05.460 --> 01:36:10.460]  So anyway, that would be on January 22nd.
[01:36:10.460 --> 01:36:17.460]  So I went in to the police station there in the local town, and she wasn't there.
[01:36:17.460 --> 01:36:26.460]  And the dispatch officer there had indicated she wasn't going to be coming in that day
[01:36:26.460 --> 01:36:29.460]  when she had said that, in fact, that she would meet me there.
[01:36:29.460 --> 01:36:35.460]  So I guess I'm a complainant witness, I guess.
[01:36:35.460 --> 01:36:41.460]  But she hasn't taken any statements from anybody, no affidavits, nothing.
[01:36:41.460 --> 01:36:48.460]  And I'm wondering, what, I mean, I feel, I sense that there's foul play going on here
[01:36:48.460 --> 01:36:56.460]  because I believe that the, possibly that the police investigator knows the perpetrator of the crime,
[01:36:56.460 --> 01:36:58.460]  and I think they're friends.
[01:36:58.460 --> 01:37:01.460]  Okay, here's the deal.
[01:37:01.460 --> 01:37:09.460]  Nothing in law directs a criminal complaint to a policing agency.
[01:37:09.460 --> 01:37:11.460]  Nothing.
[01:37:11.460 --> 01:37:17.460]  Nothing in law directs a criminal complaint to a prosecuting attorney.
[01:37:17.460 --> 01:37:27.460]  Everything in law directs a criminal complaint to some magistrate.
[01:37:27.460 --> 01:37:37.460]  I suggest you prepare a, okay, one thing before I lose it, you are not simply a witness.
[01:37:37.460 --> 01:37:41.460]  You are the complainant.
[01:37:41.460 --> 01:37:42.460]  Okay.
[01:37:42.460 --> 01:37:45.460]  The woman doesn't have to be the complainant.
[01:37:45.460 --> 01:37:47.460]  Anyone can be the complainant.
[01:37:47.460 --> 01:37:48.460]  Okay.
[01:37:48.460 --> 01:37:51.460]  Randy, I'm sorry.
[01:37:51.460 --> 01:37:56.460]  I'm reading here 2.04 of the Code of Criminal Procedure.
[01:37:56.460 --> 01:38:01.460]  Real quick, upon complaint being made before a district or county attorney
[01:38:01.460 --> 01:38:06.460]  that an offense has been committed in his district or county, he shall,
[01:38:06.460 --> 01:38:10.460]  that means he must, he shall reduce the complaint to writing.
[01:38:10.460 --> 01:38:11.460]  She didn't do that.
[01:38:11.460 --> 01:38:12.460]  Okay.
[01:38:12.460 --> 01:38:13.460]  In cause of ability.
[01:38:13.460 --> 01:38:19.460]  This is a, that's a great complaint to make against the prosecuting attorney.
[01:38:19.460 --> 01:38:26.460]  2.05 tells the prosecutor that he's, she's to reduce complaints of information submitted to the grand jury,
[01:38:26.460 --> 01:38:33.460]  but the courts have granted the prosecutor a certain amount of prosecutorial discretion.
[01:38:33.460 --> 01:38:40.460]  It's not legislative, but the courts have said, have granted it as being something reasonable.
[01:38:40.460 --> 01:38:44.460]  We could fight that, but we would lose that fight.
[01:38:44.460 --> 01:38:45.460]  Okay.
[01:38:45.460 --> 01:38:49.460]  Randy, my, my, my concern here is that this, this.
[01:38:49.460 --> 01:38:50.460]  Let me finish.
[01:38:50.460 --> 01:38:51.460]  Yes.
[01:38:51.460 --> 01:38:52.460]  Wait, let me finish.
[01:38:52.460 --> 01:38:53.460]  Okay.
[01:38:53.460 --> 01:38:54.460]  Okay.
[01:38:54.460 --> 01:39:02.460]  While they've granted the prosecutor certain discretion as to which complaints to present to a grand jury
[01:39:02.460 --> 01:39:10.460]  and which not, I can't find any discretion as to 2.04.
[01:39:10.460 --> 01:39:14.460]  They still have to prepare the complaint.
[01:39:14.460 --> 01:39:19.460]  They take the complaint and they decide whether to pursue prosecution or not, but she didn't even take it.
[01:39:19.460 --> 01:39:20.460]  So.
[01:39:20.460 --> 01:39:21.460]  Okay.
[01:39:21.460 --> 01:39:27.460]  But 2.05 completes, I mean, says the last sentence there, if the offense be a felony,
[01:39:27.460 --> 01:39:37.460]  he shall, meaning the, meaning the district attorney, forthwith file the complaint with the magistrate of the county.
[01:39:37.460 --> 01:39:38.460]  Did she do that?
[01:39:38.460 --> 01:39:39.460]  No.
[01:39:39.460 --> 01:39:40.460]  No.
[01:39:40.460 --> 01:39:41.460]  Okay.
[01:39:41.460 --> 01:39:47.460]  This is the area where the courts have granted the prosecutor a certain level of discretion.
[01:39:47.460 --> 01:39:57.460]  I understand that it says shall, but the courts have interpreted that to mean, may, might, or can, if he wants to.
[01:39:57.460 --> 01:39:58.460]  However.
[01:39:58.460 --> 01:40:02.460]  But the problem with that interpretation, again, is the courts not reading statute.
[01:40:02.460 --> 01:40:07.460]  Because government code 311 says shall creates a duty.
[01:40:07.460 --> 01:40:08.460]  I understand.
[01:40:08.460 --> 01:40:09.460]  Okay.
[01:40:09.460 --> 01:40:10.460]  I understand that.
[01:40:10.460 --> 01:40:13.460]  It depends on what fight you want to have.
[01:40:13.460 --> 01:40:18.460]  I'm trying to pick, I'm trying to pick the fight that will give them the most difficulty,
[01:40:18.460 --> 01:40:25.460]  and not one that they'll have a lot of case law in their corner that we'll have to overcome.
[01:40:25.460 --> 01:40:34.460]  Reducing it to an information, I mean, to reduce the complaint to writing, that's a different issue.
[01:40:34.460 --> 01:40:36.460]  Therein, she had a duty.
[01:40:36.460 --> 01:40:39.460]  I did not write anything down myself.
[01:40:39.460 --> 01:40:40.460]  I went in and.
[01:40:40.460 --> 01:40:41.460]  Okay.
[01:40:41.460 --> 01:40:43.460]  And I gave a statement.
[01:40:43.460 --> 01:40:44.460]  Okay.
[01:40:44.460 --> 01:40:47.460]  The statute doesn't direct you to write anything down.
[01:40:47.460 --> 01:40:50.460]  It directs her to.
[01:40:50.460 --> 01:40:58.460]  She said, I'm taking all these papers, and I'm going to fax them over to the police investigator in that little town.
[01:40:58.460 --> 01:40:59.460]  Okay.
[01:40:59.460 --> 01:41:01.460]  Now let me make a suggestion.
[01:41:01.460 --> 01:41:03.460]  Forget these chumps.
[01:41:03.460 --> 01:41:10.460]  They're not going to do anything that's, if they don't have a case, it's absolutely dead bang,
[01:41:10.460 --> 01:41:15.460]  and they're sure they can get a deal without having to do anything, they're not going to take it.
[01:41:15.460 --> 01:41:17.460]  That's how it works.
[01:41:17.460 --> 01:41:19.460]  So forget those guys.
[01:41:19.460 --> 01:41:22.460]  They're not going to be helpful.
[01:41:22.460 --> 01:41:24.460]  Go back to the law.
[01:41:24.460 --> 01:41:29.460]  Everything directs a complaint to some magistrate.
[01:41:29.460 --> 01:41:30.460]  Okay.
[01:41:30.460 --> 01:41:36.460]  The best way to get political pressure is to involve an innocent party.
[01:41:36.460 --> 01:41:45.460]  So you make up a criminal affidavit with an associated statement of probable cause and take it to a magistrate.
[01:41:45.460 --> 01:41:47.460]  I did that here in Travis County.
[01:41:47.460 --> 01:41:52.460]  I went in and bushwhacked the highest level district judge in the county, Judge Bob Perkins.
[01:41:52.460 --> 01:41:58.460]  I live in Travis County, but where this incident occurred in is Brazoria County.
[01:41:58.460 --> 01:41:59.460]  Okay.
[01:41:59.460 --> 01:42:02.460]  That's where the complaint would have venue.
[01:42:02.460 --> 01:42:03.460]  Correct.
[01:42:03.460 --> 01:42:06.460]  So I have to, I mean...
[01:42:06.460 --> 01:42:07.460]  No, don't go there.
[01:42:07.460 --> 01:42:08.460]  It's better if you don't go.
[01:42:08.460 --> 01:42:10.460]  It's better if you do it by mail.
[01:42:10.460 --> 01:42:11.460]  That's better for me.
[01:42:11.460 --> 01:42:12.460]  It saves on gas.
[01:42:12.460 --> 01:42:13.460]  Yeah.
[01:42:13.460 --> 01:42:16.460]  Then you're kind of, you're invisible and you're sharp shooting them.
[01:42:16.460 --> 01:42:28.460]  You send a complaint to the highest level district judge in the county and put in a letter asking him to sign this letter
[01:42:28.460 --> 01:42:34.460]  and return it to you and let him know, let you know when he's going to present this forward just to the grand jury.
[01:42:34.460 --> 01:42:40.460]  And he will almost certainly send you a letter back saying he's not going to.
[01:42:40.460 --> 01:42:42.460]  That's what you hope happens.
[01:42:42.460 --> 01:42:45.460]  I was going to go just to the foreman of the grand jury, but...
[01:42:45.460 --> 01:42:47.460]  No, no, don't go to the grand jury yet.
[01:42:47.460 --> 01:42:50.460]  You want to do a little setup first.
[01:42:50.460 --> 01:42:57.460]  So I want to file a criminal affidavit, I mean, I want to send a criminal affidavit to the highest level district judge in the county.
[01:42:57.460 --> 01:42:58.460]  Yes.
[01:42:58.460 --> 01:43:05.460]  And what you tell them is, is this is a complaint against the prosecuting attorney that normally you would send it to the prosecuting attorney,
[01:43:05.460 --> 01:43:19.460]  but the prosecuting attorney is the accused, so you want the district judge to appoint an attorney pro tem to present this complaint to the grand jury.
[01:43:19.460 --> 01:43:20.460]  Okay, you lost me there.
[01:43:20.460 --> 01:43:22.460]  Can you repeat that again?
[01:43:22.460 --> 01:43:23.460]  I'm sorry.
[01:43:23.460 --> 01:43:27.460]  Since the complaint is against the district attorney...
[01:43:27.460 --> 01:43:32.460]  And would it be against the police investigator as well?
[01:43:32.460 --> 01:43:35.460]  No, no, you don't have a claim against her.
[01:43:35.460 --> 01:43:36.460]  Okay.
[01:43:36.460 --> 01:43:38.460]  No, you just have a suspicion about her.
[01:43:38.460 --> 01:43:42.460]  Randy, I'll hold this to the other side there.
[01:43:42.460 --> 01:43:43.460]  Okay.
[01:43:43.460 --> 01:43:47.460]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[01:43:47.460 --> 01:43:56.460]  We're talking about how to stick it to them and we'll be right back and go through the details.
[01:43:56.460 --> 01:44:00.460]  Thank you for listening.
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[01:46:21.460 --> 01:46:22.460]  Look at this.
[01:46:22.460 --> 01:46:26.460]  You're Eddie Kelvin, Dr. Stevens, Eddie Craig, Rule of Law Radio.
[01:46:26.460 --> 01:46:30.460]  You're talking to Mark from Texas, and I'm talking about a strategy.
[01:46:30.460 --> 01:46:39.460]  I go over this quite a bit, but it becomes more intense when you're the target of the strategy.
[01:46:39.460 --> 01:46:47.460]  This is easier than you think, and it is much more powerful than you will expect.
[01:46:47.460 --> 01:46:57.460]  You file against the prosecuting attorney not for exercising judicial discretion, but for exercising caprice.
[01:46:57.460 --> 01:47:06.460]  She just decided she didn't want to do her job, and it doesn't matter whether you could get the complaint adjudicated.
[01:47:06.460 --> 01:47:07.460]  You're not interested in that.
[01:47:07.460 --> 01:47:09.460]  You're interested in setting them up.
[01:47:09.460 --> 01:47:19.460]  Your real target is this guy that pulled a crapola, but you're not going to get him prosecuted unless you can invoke some politics in your favor.
[01:47:19.460 --> 01:47:21.460]  So you went to the prosecutor.
[01:47:21.460 --> 01:47:23.460]  She refused to act.
[01:47:23.460 --> 01:47:25.460]  You go to this investigator.
[01:47:25.460 --> 01:47:28.460]  You have no confidence in the investigator.
[01:47:28.460 --> 01:47:38.460]  You send a written criminal complaint with a verified criminal affidavit to the prosecutor, get the prosecutor to refuse to act on it.
[01:47:38.460 --> 01:47:43.460]  I missed that point before.
[01:47:43.460 --> 01:47:44.460]  Let me think.
[01:47:44.460 --> 01:47:46.460]  I'm getting ahead of myself.
[01:47:46.460 --> 01:47:54.460]  We have the prosecutor for not filling out, reducing the complaint to writing.
[01:47:54.460 --> 01:47:58.460]  That's one I've never addressed before, but it's a great one.
[01:47:58.460 --> 01:48:00.460]  That's a specific requirement.
[01:48:00.460 --> 01:48:13.460]  You, as a reasonable person, can read that requirement and interpret it as though the prosecutor had a duty to perform this act and failed to perform this act,
[01:48:13.460 --> 01:48:21.460]  and in the process denied you in your right to petition the court to redress a grievance, violate a law,
[01:48:21.460 --> 01:48:30.460]  rent her office, and in the process denied you full free access to a dormant right, that's a crime in Texas, 39.03 penal code, official oppression.
[01:48:30.460 --> 01:48:43.460]  Prepare the complaint, send it to the judge, certified mail with a letter in it asking the judge to notify you when he's going to send it to the grand jury,
[01:48:43.460 --> 01:48:46.460]  and you'll get a letter back saying he's not going to.
[01:48:46.460 --> 01:48:49.460]  Then you prepare a complaint against the judge.
[01:48:49.460 --> 01:48:51.460]  The judge is the one you want.
[01:48:51.460 --> 01:48:54.460]  He's the one that'll give you politics.
[01:48:54.460 --> 01:49:01.460]  In your complaint to the judge, you ask the judge to appoint an attorney pro temp.
[01:49:01.460 --> 01:49:03.460]  He'll refuse to act.
[01:49:03.460 --> 01:49:13.460]  You prepare another complaint, send it to the prosecuting attorney's office, addressed to the foreman of the grand jury, not to the prosecutor.
[01:49:13.460 --> 01:49:19.460]  The only address you have for the grand jury is the prosecuting attorney's address.
[01:49:19.460 --> 01:49:27.460]  The prosecuting attorney will open it, know she's been set up, and when the judge finds out,
[01:49:27.460 --> 01:49:35.460]  and he will find out that you have mailed a criminal complaint against the judge to the grand jury,
[01:49:35.460 --> 01:49:44.460]  he is going to be an unhappy camper because he's essentially innocent in this matter,
[01:49:44.460 --> 01:49:50.460]  and he's going to go to the prosecuting attorney and order the prosecuting attorney to fix this.
[01:49:50.460 --> 01:49:57.460]  Now, something you need to keep in mind, you are a witness.
[01:49:57.460 --> 01:50:01.460]  Witnesses are not to be tampered with.
[01:50:01.460 --> 01:50:10.460]  If anyone talks to you and gives you any friendly advice,
[01:50:10.460 --> 01:50:18.460]  you file a complaint against the district judge for retaliation and tampering with a witness,
[01:50:18.460 --> 01:50:24.460]  then the judge will go ballistic because he's not likely to have anything to do with it,
[01:50:24.460 --> 01:50:32.460]  but you have every reason to believe that the only reason this person is talking to you now when they wouldn't before
[01:50:32.460 --> 01:50:37.460]  was to keep you from pursuing these criminal accusations against the judge, and that's tampering with a witness.
[01:50:37.460 --> 01:50:46.460]  Right, so one, okay, it seems like there's a lot of different steps to go here,
[01:50:46.460 --> 01:50:55.460]  but the first step is filing a criminal affidavit to the highest level district judge in the county, is that correct?
[01:50:55.460 --> 01:50:56.460]  Yes.
[01:50:56.460 --> 01:51:03.460]  Okay, and then, I can't write that fast, I'm trying to write all this down.
[01:51:03.460 --> 01:51:06.460]  Okay, you can pull this archive and listen to it.
[01:51:06.460 --> 01:51:08.460]  Okay, that'd be fine.
[01:51:08.460 --> 01:51:14.460]  So basically I'm going after the, I guess I'd be going after the judge then.
[01:51:14.460 --> 01:51:19.460]  Yes, you only want to go after the judge, you don't really care about the judge, you don't want to do the judge any harm.
[01:51:19.460 --> 01:51:20.460]  Right.
[01:51:20.460 --> 01:51:27.460]  You just want to annoy him, and this is really going to annoy him because they are terrified of grand juries.
[01:51:27.460 --> 01:51:32.460]  So he's going to come down hard on the district attorney.
[01:51:32.460 --> 01:51:38.460]  Exactly, he's going to tell the district attorney, make this go away.
[01:51:38.460 --> 01:51:45.460]  Fantastic, because she just didn't want to hear it and just pawned it off, just asked me why was I in here?
[01:51:45.460 --> 01:51:48.460]  And I said, because I want you to take this complaint.
[01:51:48.460 --> 01:51:51.460]  And she said, no, we don't do that here.
[01:51:51.460 --> 01:51:59.460]  Of course I didn't have my recorder on, but she said that's a local law enforcement issue,
[01:51:59.460 --> 01:52:05.460]  and we're going to sign it over to the investigator, and they're perfectly capable of doing their job.
[01:52:05.460 --> 01:52:13.460]  And she thought, well, aren't you just being a little bit paranoid, basically is what she said.
[01:52:13.460 --> 01:52:18.460]  And I explained to her, I said, so you're not taking this, she said that's right.
[01:52:18.460 --> 01:52:24.460]  And she's going to go ahead and just fax everything over to her, and I never heard anything since.
[01:52:24.460 --> 01:52:27.460]  Well, she's probably never had this done to her before.
[01:52:27.460 --> 01:52:30.460]  It will be a new and interesting experience for her.
[01:52:30.460 --> 01:52:36.460]  It's not Travis County, it's Brazoria County.
[01:52:36.460 --> 01:52:39.460]  Yeah, if it were Travis County, it wouldn't be anything new about it.
[01:52:39.460 --> 01:52:44.460]  They'll say that Brown Captain's instigating this, I know he is that scumbag.
[01:52:44.460 --> 01:52:48.460]  Right, this is going to be the first time I believe this has been,
[01:52:48.460 --> 01:52:52.460]  probably something like this is going to happen in Brazoria County, I imagine.
[01:52:52.460 --> 01:53:00.460]  We need one person in every county, and we will change the entire state.
[01:53:00.460 --> 01:53:02.460]  I agree, I agree.
[01:53:02.460 --> 01:53:10.460]  By the way, before you go, Randy, if y'all could get some cards possibly made up, printed up,
[01:53:10.460 --> 01:53:13.460]  I'll be more than happy to donate to the cause, just let me know.
[01:53:13.460 --> 01:53:23.460]  But we really do need some cards to hand out, because we're kind of hard writing all this down on paper,
[01:53:23.460 --> 01:53:25.460]  on scrap pieces we're handing out to people.
[01:53:25.460 --> 01:53:31.460]  Okay, I need to write this up and put it on the website where you can download it.
[01:53:31.460 --> 01:53:32.460]  There's a lot I need to do.
[01:53:32.460 --> 01:53:37.460]  I just finished a major, major document, got it to the programmer today.
[01:53:37.460 --> 01:53:38.460]  Yahoo!
[01:53:38.460 --> 01:53:42.460]  So I may actually have some time to do some things.
[01:53:42.460 --> 01:53:47.460]  Are you going to be in class tomorrow at Eddie's class tomorrow, Randy?
[01:53:47.460 --> 01:53:49.460]  Yeah, I'm going to go up there.
[01:53:49.460 --> 01:53:51.460]  Okay, I'll probably see you up there.
[01:53:51.460 --> 01:53:53.460]  Okay, good.
[01:53:53.460 --> 01:53:57.460]  And yeah, I will get something on the website.
[01:53:57.460 --> 01:54:04.460]  I'm pulling down some of my archives and kind of dressing them up a little bit,
[01:54:04.460 --> 01:54:09.460]  but we need to get a list of archives where we address these issues,
[01:54:09.460 --> 01:54:11.460]  where you can listen to it a few times.
[01:54:11.460 --> 01:54:15.460]  After you've heard it three or four times, it really begins to make sense,
[01:54:15.460 --> 01:54:16.460]  and it'll get a lot easier.
[01:54:16.460 --> 01:54:19.460]  You will be surprised how much fun this is.
[01:54:19.460 --> 01:54:23.460]  Well, Randy, I think it'll even get easier once I,
[01:54:23.460 --> 01:54:27.460]  and we actually get to start doing this and filing it,
[01:54:27.460 --> 01:54:30.460]  then instead of just listening to it when we're actually doing it,
[01:54:30.460 --> 01:54:32.460]  that's when we really get the concepts,
[01:54:32.460 --> 01:54:36.460]  and that's when we really grasp the ideas and the concepts behind it, I think.
[01:54:36.460 --> 01:54:44.460]  Exactly, and you'll begin to see the things I'm talking about, about how they use their position
[01:54:44.460 --> 01:54:49.460]  and how they use unstated presuppositions to manipulate and control you.
[01:54:49.460 --> 01:54:53.460]  Once you've had it done to your time or two, it'll get real annoying,
[01:54:53.460 --> 01:54:58.460]  and you'll get a lot better at intercepting them and stopping them.
[01:54:58.460 --> 01:55:02.460]  Chris, who's answering the phones right now,
[01:55:02.460 --> 01:55:10.460]  he just went into a court in New York and got documentation that was involved in a lawsuit
[01:55:10.460 --> 01:55:12.460]  and absolutely refused to give them,
[01:55:12.460 --> 01:55:16.460]  but when he got to talk to the mayor and he told the mayor, you know,
[01:55:16.460 --> 01:55:18.460]  you can do whatever you want to,
[01:55:18.460 --> 01:55:23.460]  and I know, I understand that the council has voted not to give me this information,
[01:55:23.460 --> 01:55:27.460]  but I will be down here tomorrow, I'll come back tomorrow,
[01:55:27.460 --> 01:55:31.460]  and I will have some criminal complaints against you and someone else,
[01:55:31.460 --> 01:55:34.460]  and I'm going to want a police officer down here to write my complaint.
[01:55:34.460 --> 01:55:36.460]  And he said, well, why are you trying to get me arrested?
[01:55:36.460 --> 01:55:37.460]  Oh, I'm not trying to get you arrested.
[01:55:37.460 --> 01:55:43.460]  I just need an officer to take this down so I have a record of it.
[01:55:43.460 --> 01:55:46.460]  He went home, and by the time he got home,
[01:55:46.460 --> 01:55:52.460]  he had a call telling him he could come down the next day and get the records he wanted to see.
[01:55:52.460 --> 01:55:57.460]  Once you learn, once you've done this once or twice, they will trip you up,
[01:55:57.460 --> 01:56:02.460]  they will talk to you and get you to interact with them.
[01:56:02.460 --> 01:56:07.460]  It's always a bad idea because they're very good at confrontation.
[01:56:07.460 --> 01:56:10.460]  Once you've done it a time or two, you'll recognize the routine,
[01:56:10.460 --> 01:56:13.460]  you'll recognize what they're setting you up for,
[01:56:13.460 --> 01:56:18.460]  and you'll get better at handling it, and you will drive them crazy.
[01:56:18.460 --> 01:56:24.460]  And then sending all the letters, return, receipt, requested, but to a particular party,
[01:56:24.460 --> 01:56:26.460]  what do you call that again?
[01:56:26.460 --> 01:56:29.460]  Okay, if it's restricted.
[01:56:29.460 --> 01:56:30.460]  Restricted.
[01:56:30.460 --> 01:56:34.460]  Restricted, only the person named can sign for it.
[01:56:34.460 --> 01:56:36.460]  Restricted receipt request.
[01:56:36.460 --> 01:56:37.460]  Yes.
[01:56:37.460 --> 01:56:41.460]  Okay, we really need to move along.
[01:56:41.460 --> 01:56:42.460]  We've got two hours left.
[01:56:42.460 --> 01:56:43.460]  This was great.
[01:56:43.460 --> 01:56:46.460]  Keep us up to speed on what happens here.
[01:56:46.460 --> 01:56:47.460]  I will, Randy.
[01:56:47.460 --> 01:56:48.460]  Thanks a bunch.
[01:56:48.460 --> 01:56:50.460]  Y'all take care.
[01:56:50.460 --> 01:56:52.460]  Okay, Eddie, can you handle the call board?
[01:56:52.460 --> 01:56:55.460]  Mine is blanking out here.
[01:56:55.460 --> 01:56:56.460]  Yes, sir.
[01:56:56.460 --> 01:56:57.460]  Hang on just a sec.
[01:56:57.460 --> 01:56:59.460]  Mine blanked as well, but I'll refresh it.
[01:56:59.460 --> 01:57:05.460]  Okay, next up we have Chuck in Ohio.
[01:57:05.460 --> 01:57:07.460]  Evening, Chuck.
[01:57:07.460 --> 01:57:09.460]  Hi.
[01:57:09.460 --> 01:57:10.460]  What can we help you with?
[01:57:10.460 --> 01:57:12.460]  Yeah, what can we help you with?
[01:57:12.460 --> 01:57:20.460]  Hey, I guess it was a guy who talked to you and said that he was going to do some bar grievances against somebody there.
[01:57:20.460 --> 01:57:22.460]  And he said anybody could do a bar grievance.
[01:57:22.460 --> 01:57:24.460]  Am I right?
[01:57:24.460 --> 01:57:26.460]  Correct.
[01:57:26.460 --> 01:57:33.460]  So if you had like, let's say, 50 family members or 50 friends who do a bar grievance on the same exact issue, could you do it?
[01:57:33.460 --> 01:57:36.460]  Would there be any repercussions on that?
[01:57:36.460 --> 01:57:38.460]  They can't.
[01:57:38.460 --> 01:57:43.460]  I mean, it would be frivolous on the 49 of them, but the one, yours would be valid.
[01:57:43.460 --> 01:57:44.460]  Actually not.
[01:57:44.460 --> 01:57:47.460]  These are licensed professionals.
[01:57:47.460 --> 01:57:48.460]  Okay, so.
[01:57:48.460 --> 01:57:59.460]  They're not privately licensed, and the bar is a public association there to serve the public.
[01:57:59.460 --> 01:58:00.460]  And you're part of the public.
[01:58:00.460 --> 01:58:07.460]  If you see this nonsense and these shenanigans go on, you need to raise the issue.
[01:58:07.460 --> 01:58:15.460]  Okay, so this would, how would that affect the bond or the license of the attorney, judge, or prosecutor?
[01:58:15.460 --> 01:58:16.460]  Yes.
[01:58:16.460 --> 01:58:18.460]  It would if you had 50 of them, right?
[01:58:18.460 --> 01:58:19.460]  Yes.
[01:58:19.460 --> 01:58:20.460]  Or 100 of them.
[01:58:20.460 --> 01:58:24.460]  The insurance company doesn't care who filed them.
[01:58:24.460 --> 01:58:27.460]  The bar created this problem for themselves.
[01:58:27.460 --> 01:58:38.460]  So if you did 100 of them and another person did another 100 of them, then you could start saying, okay, you could go back and say, let's say the attorney or the judge has a loan on his house.
[01:58:38.460 --> 01:58:39.460]  Okay, wait a minute.
[01:58:39.460 --> 01:58:40.460]  Hold on.
[01:58:40.460 --> 01:58:41.460]  We're about to go to break.
[01:58:41.460 --> 01:58:42.460]  Okay.
[01:58:42.460 --> 01:58:48.460]  This is going to be our top of the hour break, be for three minutes, and when we come back, we'll continue.
[01:58:48.460 --> 01:58:55.460]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rue La Radio, our four-hour in full marathon.
[01:58:55.460 --> 01:58:59.460]  We'll be right back.
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[01:59:57.460 --> 02:00:12.460]  That's freestudybible.com.