ROL_2012-11-30_16k_Hr1-2.timecode

[00:00.000 --> 00:03.000]  Do not pass go.
[00:03.000 --> 00:04.000]  Go directly to jail.
[00:04.000 --> 00:09.080]  That's what lawbreakers normally hear from courts, but in Alabama, one judge is offering
[00:09.080 --> 00:11.440]  offenders a unique option for punishment.
[00:11.440 --> 00:16.160]  Like Dr. Catherine Albrecht in a moment, I'll tell you what it is.
[00:16.160 --> 00:17.920]  Privacy is under attack.
[00:17.920 --> 00:21.480]  When you give up data about yourself, you'll never get it back again.
[00:21.480 --> 00:26.480]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.480 --> 00:28.000]  So protect your rights.
[00:28.000 --> 00:31.560]  Say no to surveillance and keep your information to yourself.
[00:31.560 --> 00:34.280]  Privacy, it's worth hanging on to.
[00:34.280 --> 00:39.880]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[00:39.880 --> 00:41.600]  Yahoo and Bing.
[00:41.600 --> 00:45.040]  Start over with StartPage.
[00:45.040 --> 00:49.360]  No country puts a bigger share of its citizens behind bars than the U.S.
[00:49.360 --> 00:54.160]  But in Baymanette, Alabama, one judge is offering a novel alternative to jail.
[00:54.160 --> 00:56.320]  Go to church on Sundays.
[00:56.320 --> 01:00.840]  This only applies to people convicted of misdemeanors, and offenders must check in weekly with their
[01:00.840 --> 01:02.800]  pastor and the police.
[01:02.800 --> 01:06.400]  Then after 52 sermons, their cases are dismissed.
[01:06.400 --> 01:11.240]  The ACLU says this violates the separation between church and state, and other critics
[01:11.240 --> 01:16.960]  say it's unfair to atheists and minority religions, but I say the program is at least worth trying.
[01:16.960 --> 01:20.960]  Being in church on Sunday rather than a prison cell just might change the lives of people
[01:20.960 --> 01:21.960]  on their own path.
[01:21.960 --> 01:34.480]  I'm Dr. Cameron Albrecht for StartPage.com, the world's most private search engine.
[01:34.480 --> 01:39.320]  Once marketers wanted to know all about you, but now they want to know all about your friends.
[01:39.320 --> 01:43.480]  I'm Dr. Cameron Albrecht, and I'll be back to tell you about the tracking technique
[01:43.480 --> 01:48.280]  web advertisers call social retargeting in a moment.
[01:48.280 --> 01:50.000]  Privacy is under attack.
[01:50.000 --> 01:53.600]  When you give up data about yourself, you'll never get it back again.
[01:53.600 --> 01:58.600]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:58.600 --> 02:00.120]  So protect your rights.
[02:00.120 --> 02:03.720]  Say no to surveillance and keep your information to yourself.
[02:03.720 --> 02:06.360]  Privacy, it's worth hanging on to.
[02:06.360 --> 02:11.960]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[02:11.960 --> 02:13.680]  Yahoo, and Bing.
[02:13.680 --> 02:16.960]  Start over with StartPage.
[02:16.960 --> 02:22.040]  We know marketers can track our web surfing habits by placing cookies in our browsers.
[02:22.040 --> 02:26.600]  But now marketers aren't just tracking you, they're tracking who your friends are and
[02:26.600 --> 02:28.760]  what you share with them.
[02:28.760 --> 02:33.120]  Social retargeting works by mapping social networks without your knowledge.
[02:33.120 --> 02:37.640]  Companies do it by offering link shorteners or apps that make it easy to share an article
[02:37.640 --> 02:39.840]  or a link with your friends and family.
[02:39.840 --> 02:43.840]  But those links contain data that transmits your identity.
[02:43.840 --> 02:47.680]  When your friends click the links, you both get tracked together.
[02:47.680 --> 02:52.280]  Regular cookies are invasive enough, but seeing ads because some advertiser knows what your
[02:52.280 --> 02:55.040]  roommate likes is stepping way over the line.
[02:55.040 --> 03:21.040]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[03:21.040 --> 03:40.360]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig with our radio.
[03:40.360 --> 03:48.880]  It's just me and you tonight, or so you and I, it's only us, and tonight we're going
[03:48.880 --> 03:52.400]  to talk about due process.
[03:52.400 --> 04:00.440]  This is our Friday night, November the 30th, four hour info marathon.
[04:00.440 --> 04:08.160]  I have some guests lined up for the next couple of weeks, so I won't get many opportunities.
[04:08.160 --> 04:15.960]  I would like tonight to do a presentment on due process as an archive.
[04:15.960 --> 04:20.960]  I will go through due process pretty much from the beginning.
[04:20.960 --> 04:27.760]  We'll start with what happens if you get arrested when you can be arrested, and what's to happen
[04:27.760 --> 04:36.600]  after you're arrested, and when the police or the courts don't do what they should have
[04:36.600 --> 04:43.400]  done, what we can do to remedy the problems that they create.
[04:43.400 --> 04:49.840]  Okay, we will start with arrest.
[04:49.840 --> 04:57.440]  Police officer can arrest you, and most of what I'm going to be talking about is consistent
[04:57.440 --> 05:05.640]  across the U.S. There may be some slight variations from state to state, but the federal government
[05:05.640 --> 05:17.560]  encouraged the states to adopt a uniform criminal code so that people traveling around the
[05:17.560 --> 05:24.720]  United States would pretty well know what was illegal and what wasn't illegal regardless
[05:24.720 --> 05:27.520]  of what state they were in.
[05:27.520 --> 05:35.200]  It's in order to promote active trade and free travel amongst the states, if all of
[05:35.200 --> 05:40.640]  the states had a radically different set of code like Louisiana does, you would never
[05:40.640 --> 05:51.520]  know when you're within law or not unless you took some courses on the state law that
[05:51.520 --> 05:55.200]  you're going to go to before you ever went there.
[05:55.200 --> 06:01.560]  Most of these codes will be very consistent, and we'll start with due process.
[06:01.560 --> 06:09.360]  For the most part, due process follows the federal law and the constitutional and statutory
[06:09.360 --> 06:13.720]  rights anyway, so these should be consistent.
[06:13.720 --> 06:21.520]  If a police officer personally sees or hears an offense committed, he can arrest without
[06:21.520 --> 06:24.760]  a warrant.
[06:24.760 --> 06:32.240]  If a police officer is made known by some person that a crime has been committed and
[06:32.240 --> 06:42.120]  the crime constitutes a felony, even if he did not directly see the offense, if he has
[06:42.120 --> 06:51.160]  a reasonable probable cause to believe that a certain person committed the offense and
[06:51.160 --> 06:57.520]  was likely to escape, the officer can arrest without a warrant.
[06:57.520 --> 07:03.240]  For instance, if an officer is standing out in front of a building, somebody comes running
[07:03.240 --> 07:07.440]  around the building and says, there's a guy out back, he just punched this other guy in
[07:07.440 --> 07:11.280]  the mouth and the police officer goes around there and if she's one person standing there
[07:11.280 --> 07:17.960]  holding his mouth and another person standing there with bloody knuckles, the police officer
[07:17.960 --> 07:20.440]  could not arrest.
[07:20.440 --> 07:26.000]  He has a probable cause to believe that the person committed an offense, but he didn't
[07:26.000 --> 07:34.720]  see the offense and it could well have been that both of the individuals were running
[07:34.720 --> 07:40.920]  and tripped over the same item and one fell down and bashed his mouth in, the other fell
[07:40.920 --> 07:44.320]  down skin his knuckles.
[07:44.320 --> 07:51.960]  So he only has probable cause, he does not, and if the person with the bloody knuckles
[07:51.960 --> 07:57.280]  did actually punch the person with the bloody mouth, that would not be a felony, that would
[07:57.280 --> 07:58.960]  be a misdemeanor.
[07:58.960 --> 08:04.720]  So since the officer did not see or hear the offense being committed, he cannot arrest
[08:04.720 --> 08:06.440]  without a warrant.
[08:06.440 --> 08:15.320]  If the officer is told that one person just stabbed another and he runs around the building
[08:15.320 --> 08:19.600]  and finds a guy standing there with a knife in his hand, another fellow laying there with
[08:19.600 --> 08:28.000]  blood seeping out of him, this time he can't arrest because that act would not be a misdemeanor,
[08:28.000 --> 08:35.560]  that act would be a felony and he can arrest on a felony even if he doesn't have a warrant,
[08:35.560 --> 08:40.440]  if he has a reasonable probable cause.
[08:40.440 --> 08:50.120]  And reasonable probable cause only goes to a preponderance, sufficient evidence to give
[08:50.120 --> 08:57.000]  a reasonable person of ordinary prudence cause to believe that a crime had been committed
[08:57.000 --> 09:01.560]  and that a particular person had committed that crime.
[09:01.560 --> 09:07.360]  That's probable cause and that's all they need, they don't need enough to convict.
[09:07.360 --> 09:17.040]  But once the arrest is made, or let me back up, the officer can't arrest on a warrant.
[09:17.040 --> 09:25.280]  Now generally how the warrants are issued is the magistrate or someone will go before,
[09:25.280 --> 09:36.960]  I'm sorry, the police officer or someone will go before a magistrate and give the magistrate,
[09:36.960 --> 09:43.920]  make it, give it, either present the magistrate with a sworn affidavit or state under oath
[09:43.920 --> 09:51.720]  before the magistrate, facts that are sufficient to give the magistrate probable cause to believe
[09:51.720 --> 09:57.000]  that a crime has been committed and a certain person committed that crime.
[09:57.000 --> 10:02.200]  The magistrate can then issue a warrant for the arrest of the person, he doesn't have
[10:02.200 --> 10:13.320]  to, he can issue a summons, but he will take the statement either by affidavit or affirmation
[10:13.320 --> 10:22.600]  and treat it as a criminal complaint and reduce the complaint to writing and make an order,
[10:22.600 --> 10:30.840]  this is under Chapter 16 Code of Criminal Procedure, in Texas addresses an examining trial.
[10:30.840 --> 10:38.000]  Anytime a magistrate sits for the purpose of examining into a criminal accusation under
[10:38.000 --> 10:45.200]  Article 2.11 Code of Criminal Procedure, that is an examining court.
[10:45.200 --> 10:50.840]  So when an examining court is held, it's held under Chapter 16.
[10:50.840 --> 10:55.920]  If the person is not in custody, it is an ex parte hearing and a warrant is issued.
[10:55.920 --> 11:03.160]  If you look at once, you'll find they have a very consistent structure in that.
[11:03.160 --> 11:15.400]  The issuing magistrate, and when I say magistrate, that's not necessarily a judge, mayors are
[11:15.400 --> 11:20.360]  magistrates, all judges are magistrates.
[11:20.360 --> 11:27.240]  A magistrate duty is different than a duty as a judge, the only thing a magistrate does
[11:27.240 --> 11:33.480]  is make him marry people, and that's just something so they can make a few extra bucks.
[11:33.480 --> 11:40.840]  But he hears criminal accusations and makes a determination of probable cause in an examining
[11:40.840 --> 11:49.800]  trial and sets bail, that's it, that's the only jurisdiction the magistrate has.
[11:49.800 --> 11:55.560]  Once the determination is made under 17.30 Code of Criminal Procedure, the magistrate
[11:55.560 --> 12:01.480]  is required to seal all the documents he used to make the determination in an envelope,
[12:01.480 --> 12:07.120]  cause his name to be written across the seal of the envelope, and forward it to the court
[12:07.120 --> 12:08.120]  of jurisdiction.
[12:08.120 --> 12:14.040]  In a bit, we'll get to how they don't do that, but this is what they're required to
[12:14.040 --> 12:21.160]  do, and then they issue the warrant, under 16.20 Code of Criminal Procedure.
[12:21.160 --> 12:31.640]  Well, the warrant will always say, arrest this person and bring him before me, and that's
[12:31.640 --> 12:41.960]  important as it goes to the body of law, the consistency of the body of law, because a warrant
[12:41.960 --> 12:50.960]  always directs the arresting officer to arrest that person and bring him before me, or if
[12:50.960 --> 12:56.240]  I'm not available, the nearest magistrate who is available.
[12:56.240 --> 13:07.120]  The reason for that is, the hearing in which the warrant was issued was necessarily ex parte,
[13:07.120 --> 13:13.160]  meaning that only one party was there, necessarily because if you were there, they wouldn't need
[13:13.160 --> 13:16.480]  a warrant, you're already in front of the magistrate.
[13:16.480 --> 13:23.040]  So this is for the purpose of arresting the person and bringing him before the magistrate.
[13:23.040 --> 13:28.720]  The reason they must bring him before the magistrate is the hearing that was held.
[13:28.720 --> 13:34.400]  Aquarian, a determination of problem, cause was made was an ex parte hearing, only one
[13:34.400 --> 13:40.560]  person got to present their side, but they presented enough to give the judge a magistrate
[13:40.560 --> 13:45.320]  reasonable probable cause, so he demanded that the person be arrested and brought before
[13:45.320 --> 13:49.960]  him so he could hold another examining trial.
[13:49.960 --> 13:54.760]  This time the examining trial was not ex parte.
[13:54.760 --> 14:01.200]  This time the officer gets to make, or the accuser gets to make their accusation, and
[14:01.200 --> 14:09.920]  the accused then gets to rebut, and then the magistrate would make a determination of whether
[14:09.920 --> 14:18.240]  there were not sufficient probable cause existed in order to bind the person over for trial,
[14:18.240 --> 14:23.200]  in order to order him to stand in answer to the law.
[14:23.200 --> 14:30.480]  Now since that was put in place in 1216, obviously not here, but when the Duke struck
[14:30.480 --> 14:35.120]  the king down to the River Thames and threatened to cut his head off if he didn't sign the
[14:35.120 --> 14:43.520]  Magna Carta, that requirement has been in place, and it worked very well for a very
[14:43.520 --> 14:48.560]  long time until about the mid-60s.
[14:48.560 --> 14:53.840]  The law here in Texas changed, and it appears it pretty well changed the same everywhere
[14:53.840 --> 14:54.840]  else.
[14:54.840 --> 15:02.680]  They changed the law prior to 1965, you could only, a police officer could only arrest someone
[15:02.680 --> 15:05.480]  for a breach of peace or a felony.
[15:05.480 --> 15:11.960]  For everything else, they could file a citation, they could write a complaint, give it to the
[15:11.960 --> 15:14.120]  magistrate, but they couldn't arrest.
[15:14.120 --> 15:20.040]  After 1965, they changed the law so a police officer could arrest for any offense, and
[15:20.040 --> 15:29.560]  that opened the door to the creation of the worst police state the world has ever seen.
[15:29.560 --> 15:41.680]  And we live in it because the police officer can arrest and imprison.
[15:41.680 --> 15:48.120]  Only one part of it is the arrest, they're allowed to arrest for anything.
[15:48.120 --> 15:53.400]  And prior to this time, or any time someone was arrested, they were required to be taken
[15:53.400 --> 16:01.640]  directly to the nearest magistrate, and it was the intention that the policeman do that
[16:01.640 --> 16:07.880]  so that he can go before the magistrate and explain himself.
[16:07.880 --> 16:15.680]  It was never intended that a police officer have the power to arrest and imprison.
[16:15.680 --> 16:22.480]  He necessarily had to have the power to arrest in order to keep the peace.
[16:22.480 --> 16:24.440]  No power to imprison.
[16:24.440 --> 16:28.880]  He was required to take the person directly to the nearest magistrate and explain himself.
[16:28.880 --> 16:34.960]  And it was the magistrate who would decide if the person went to jail or not, not the
[16:34.960 --> 16:39.680]  arresting officer as the arresting officer is necessarily biased.
[16:39.680 --> 16:44.840]  And we will get back to the rest of this when we come back on the other side.
[16:44.840 --> 16:52.440]  We will be taking your calls 512-646-1984, but it will be at least three seconds.
[16:52.440 --> 16:59.440]  Three seconds before we get to calls, but we'll be right back.
[17:22.440 --> 17:37.440]  And we're all breaking, Tange Tangerine, Tange Tangerine, Tange Tangerine, we're all breaking,
[17:37.440 --> 17:40.840]  Tange Tangerine, Tange Tangerine, Tange Tangerine.
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[17:54.720 --> 17:55.720]  So what do you say, Elvis?
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[18:46.800 --> 18:49.800]  or email MichaelMearris at yahoo.com.
[18:49.800 --> 18:58.760]  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
[18:58.760 --> 19:23.200]  collectors now.
[19:23.200 --> 19:30.640]  Okay, we are back, Randy Kelton, Deborah Steven, J.D. Craig, rule of law radio and we're talking
[19:30.640 --> 19:34.560]  about due process.
[19:34.560 --> 19:41.760]  We were up to the point of arrest and bring before magistrate.
[19:41.760 --> 19:49.200]  We talked about arrest on a warrant, how if you're arrested even with a warrant, you must
[19:49.200 --> 19:56.240]  be taken directly to the magistrate who issued the warrant or some other magistrate of the
[19:56.240 --> 20:04.080]  county for an examining trial and that's because a warrant must necessarily be issued
[20:04.080 --> 20:09.800]  to experts A and the accusers never had an opportunity to be heard.
[20:09.800 --> 20:17.760]  Well, if you're arrested without a warrant, the requirements under 14.06 code of criminal
[20:17.760 --> 20:25.960]  procedure requires the magistrate to take you directly to the nearest magistrate and
[20:25.960 --> 20:32.840]  if the arresting officer fails to take you directly to the nearest magistrate, his only
[20:32.840 --> 20:39.200]  defense against an allegation of false imprisonment for failure to timely take is a showing of
[20:39.200 --> 20:44.640]  due diligence in effort to locate a magistrate.
[20:44.640 --> 20:52.360]  I've asked a number of jurisdictions for a list of all magistrates in the county and
[20:52.360 --> 21:00.120]  all magistrates in the surrounding counties and every time I've been told the same thing,
[21:00.120 --> 21:04.720]  well, we don't keep a list of those.
[21:04.720 --> 21:09.440]  What the statute says is you're required to take the person to the nearest magistrate.
[21:09.440 --> 21:14.360]  If a magistrate is not available, you're to take him to the nearest adjoining county
[21:14.360 --> 21:17.680]  where one is available.
[21:17.680 --> 21:25.640]  So the reason for asking for the list of magistrates is so I can demonstrate that not only did
[21:25.640 --> 21:31.720]  they not make a due diligence effort to locate a magistrate, they don't even bother to find
[21:31.720 --> 21:40.480]  out who they are and that goes to deliberate ignorance which goes to negligence.
[21:40.480 --> 21:46.720]  And back to due process, if anybody here has been arrested, they kind of know the routine.
[21:46.720 --> 21:52.120]  If you're arrested in Texas and most every other state have ever been to, the officer
[21:52.120 --> 21:56.280]  will arrest you and take you to jail.
[21:56.280 --> 22:03.400]  This is exactly what the Magna Carta forbade.
[22:03.400 --> 22:10.320]  They knew what a really, really bad strategy that was and they knew that it would cause
[22:10.320 --> 22:14.560]  the public to come to odds with the police.
[22:14.560 --> 22:20.480]  They did not want the people to fear the police because it would bring them at odds with one
[22:20.480 --> 22:22.840]  another.
[22:22.840 --> 22:32.720]  If you're in Texas and you encounter a police officer in Texas, I really hate to say this
[22:32.720 --> 22:39.680]  and even more I hate to even think it, but your life is at terrible risk.
[22:39.680 --> 22:46.480]  I don't know what they're doing to these police officers, but Texas is worse than any state
[22:46.480 --> 22:49.480]  I've ever been to.
[22:49.480 --> 22:58.280]  These police officers appear to be absolutely terrified.
[22:58.280 --> 23:04.200]  I was in Bowie, Texas and called the dispatcher and asked the dispatcher to send out a police
[23:04.200 --> 23:06.040]  officer.
[23:06.040 --> 23:13.680]  You have an officer out here who is so scared he looks like he's about to wet his drawers.
[23:13.680 --> 23:18.240]  But I'm afraid before he does that, he's got his hand on his pistol, he's going to
[23:18.240 --> 23:23.280]  pull it and shoot me, get somebody out here.
[23:23.280 --> 23:26.840]  And I meant exactly what I said.
[23:26.840 --> 23:35.080]  These officers appear as though they're trained to be absolutely terrified of us.
[23:35.080 --> 23:40.280]  If they tell a person to do something and the person doesn't do exactly what they say
[23:40.280 --> 23:46.200]  instantly, their hand goes to their pistol.
[23:46.200 --> 23:52.120]  I have a friend who was a police officer here in a local town and he said that he worked
[23:52.120 --> 24:02.080]  with a guy who had been a police officer for 20 years and never had to draw his weapon.
[24:02.080 --> 24:08.400]  These police officers now just at the slightest provocation, they seem to be looking for a
[24:08.400 --> 24:11.520]  reason to go for their weapons.
[24:11.520 --> 24:19.560]  And that tells me they are absolutely terrified and when I have people around me with loaded
[24:19.560 --> 24:24.720]  weapons and they're terrified, that scares me.
[24:24.720 --> 24:26.600]  We should be afraid of these police.
[24:26.600 --> 24:28.840]  They are dangerous.
[24:28.840 --> 24:34.360]  And when I'm done with this presentation, we have a recent story local here of just
[24:34.360 --> 24:36.360]  exactly that.
[24:36.360 --> 24:40.160]  But anyway, when a person's arrested, they're required to be taken directly to the nearest
[24:40.160 --> 24:46.840]  magistrate and the magistrate is required to hold an examining trial.
[24:46.840 --> 24:55.440]  They've written article 15.17 code of criminal procedure in a way that creates an incredible
[24:55.440 --> 25:06.920]  amount of confusion concerning what is required and we've had a, there was a head attorney
[25:06.920 --> 25:14.360]  for the Department of Public Safety about 15 years ago who issued a memo to the Department
[25:14.360 --> 25:21.000]  of Public Safety saying that they could arrest someone and hold them up to 48 hours.
[25:21.000 --> 25:30.160]  And that was because of the city of Riverside v. McLaughlin case, but he misread the case.
[25:30.160 --> 25:31.160]  He read the case.
[25:31.160 --> 25:39.400]  The case said that if a person was arrested and not taken before a magistrate immediately,
[25:39.400 --> 25:46.880]  if they were taken before a magistrate within 48 hours, the presumption was that the taking
[25:46.880 --> 25:49.640]  was timely.
[25:49.640 --> 25:56.520]  They took that to mean you can hold someone capriciously for 48 hours.
[25:56.520 --> 26:00.360]  That's not what that went to.
[26:00.360 --> 26:05.760]  If you are taken before a magistrate within 48 hours, the presumption is that the taking
[26:05.760 --> 26:06.760]  was timely.
[26:06.760 --> 26:12.760]  However, if the aggrieved party can show that there was a magistrate available or was a
[26:12.760 --> 26:18.560]  magistrate who would make themselves available, anywhere within the county or any adjoining
[26:18.560 --> 26:23.920]  county, within that time period, the taking was not timely.
[26:23.920 --> 26:30.440]  And the officers once a showing that a magistrate would have made himself available, then the
[26:30.440 --> 26:40.400]  onus is on the arresting officer to show cause for the delay because the case law says the
[26:40.400 --> 26:46.120]  duty to take before a magistrate rests with the arresting officer and he may not pass
[26:46.120 --> 26:48.440]  that duty to anyone else.
[26:48.440 --> 26:55.360]  If he passes a person to the custody of someone else, he is still responsible.
[26:55.360 --> 27:01.200]  And when I finish this presentation, we'll talk about what we can do to remedy these
[27:01.200 --> 27:02.200]  problems.
[27:02.200 --> 27:05.440]  These problems aren't as hard to fix as one would think.
[27:05.440 --> 27:10.480]  We just haven't had the motivation to do it.
[27:10.480 --> 27:18.400]  I'm hoping with the police state and the condition it's in and the police being as out of control
[27:18.400 --> 27:23.920]  as they are, that it's time the public will begin to stand up and look around and decide
[27:23.920 --> 27:28.040]  that we've had enough of this nonsense and we'll get it fixed and we'll talk about that
[27:28.040 --> 27:29.040]  when I'm done here.
[27:29.040 --> 27:32.480]  Okay, once they arrest you, they require to bring you for a magistrate.
[27:32.480 --> 27:40.680]  What they normally do is take you straight to jail and they transfer you to a jailer.
[27:40.680 --> 27:50.960]  Well, that renders the arrest, I'm sorry, that renders the confinement after arrest as
[27:50.960 --> 27:52.880]  false imprisonment.
[27:52.880 --> 28:00.960]  The arrest may still be valid, but if the officer does not take you directly to a magistrate
[28:00.960 --> 28:07.440]  when there is a magistrate available or there is a magistrate within the county or any adjoining
[28:07.440 --> 28:15.720]  county that would make himself available, then the officer becomes a trespasser and
[28:15.720 --> 28:22.200]  the imprisonment becomes false imprisonment and in fact, even if the original arrest was
[28:22.200 --> 28:31.120]  valid, the officer becomes a trespasser ab initio from the beginning and all his acts
[28:31.120 --> 28:35.720]  are defeated, including the arrest.
[28:35.720 --> 28:45.560]  Now we don't take that on, I know you're thinking, well, big deal, they arrest us in jail anyway.
[28:45.560 --> 28:51.000]  They do that because we don't stand up to them and we will get to those issues as we
[28:51.000 --> 28:52.160]  move along.
[28:52.160 --> 28:58.120]  Once the person is taken to jail, they're generally booked in, the jailers, any jailer
[28:58.120 --> 29:04.760]  who has anything to do with that person essentially touches the legal tar baby.
[29:04.760 --> 29:11.040]  Each jailer to whose possession the person is transferred has an equal duty to take the
[29:11.040 --> 29:13.360]  person directed to the nearest magistrate.
[29:13.360 --> 29:18.360]  And if we're going to fix this problem, it's probably the jailers who are the best ones
[29:18.360 --> 29:24.360]  to go after, because when you go after the jailer, they're going to say, what, hope destroyed
[29:24.360 --> 29:26.600]  my job.
[29:26.600 --> 29:32.720]  I didn't know, well, life is tough, Bubba, if you go after the ones who are only minimally
[29:32.720 --> 29:40.200]  responsible, they're the ones that will scream the loudest and give you the most political
[29:40.200 --> 29:41.200]  influence.
[29:41.200 --> 29:47.200]  This is Randy Kelkin, Deborah Stevens, Eddie Craig, Rule of Law Radio, our call in number
[29:47.200 --> 29:48.200]  is 512-646-1984.
[29:48.200 --> 30:00.200]  We'll be right back on the other side.
[30:00.200 --> 30:05.560]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[30:05.560 --> 30:07.560]  The government says that fire brought it down.
[30:07.560 --> 30:12.600]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.600 --> 30:15.280]  Over 6,000 of my fellow service members have given their lives.
[30:15.280 --> 30:18.040]  And thousands of my fellow force respond as a plane.
[30:18.040 --> 30:19.480]  I'm not a conspiracy theorist.
[30:19.480 --> 30:20.480]  I'm a structural engineer.
[30:20.480 --> 30:21.880]  I'm a New York City correction officer.
[30:21.880 --> 30:22.880]  I'm an Air Force pilot.
[30:22.880 --> 30:24.520]  I'm a father who lost his son.
[30:24.520 --> 30:27.160]  We're Americans, and we deserve the truth.
[30:27.160 --> 30:30.880]  Go to RememberBuilding7.org today.
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[30:58.960 --> 30:59.960]  for you.
[30:59.960 --> 31:05.880]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't
[31:05.880 --> 31:09.720]  so easy, and neither is finding like-minded people to share it with.
[31:09.720 --> 31:12.840]  Oh, well, I guess you haven't heard of Brave New Books then.
[31:12.840 --> 31:13.840]  Brave New Books?
[31:13.840 --> 31:18.440]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex
[31:18.440 --> 31:21.000]  Jones, Ron Paul, and G. Edward Griffin.
[31:21.000 --> 31:24.440]  They even stock inner food, Berkey products, and Calvin Soaps.
[31:24.440 --> 31:27.320]  There's no way a place like that exists.
[31:27.320 --> 31:28.760]  Go check it out for yourself.
[31:28.760 --> 31:32.560]  It's downtown at 1904 Guadalupe Street, just south of UT.
[31:32.560 --> 31:33.560]  Oh, by UT?
[31:33.560 --> 31:36.480]  There's never anywhere to park down there.
[31:36.480 --> 31:41.760]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[31:41.760 --> 31:44.760]  facility just behind the bookstore.
[31:44.760 --> 31:47.760]  It does exist, but when are they open?
[31:47.760 --> 31:52.560]  Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays.
[31:52.560 --> 31:59.280]  So get them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[31:59.280 --> 32:18.560]  Yeah, I got that one rent, and I'm going to solve them, to the end of the month, then,
[32:18.560 --> 32:21.560]  process you then.
[32:21.560 --> 32:22.560]  Okay.
[32:22.560 --> 32:23.560]  Okay, we are back.
[32:23.560 --> 32:27.680]  Randy Kelton, Debbie Stevens, Eddie Craig, Reels Law Radio, and we're talking about due
[32:27.680 --> 32:28.680]  process.
[32:28.680 --> 32:35.000]  Once you're brought to the jail, given to the jailers, into the possession of the jailers,
[32:35.000 --> 32:42.240]  or custody, and the jailers make no due diligence effort to locate and magistrate, they become
[32:42.240 --> 32:45.720]  to a criminal trespassers.
[32:45.720 --> 32:50.200]  Then the jailer will generally book you, run the booking procedure on you.
[32:50.200 --> 32:58.600]  If you don't cooperate with the booking procedure, then they will use techniques to encourage
[32:58.600 --> 33:02.480]  you to cooperate with them.
[33:02.480 --> 33:09.240]  Problem they have is, up to that point, you have not been even accused of a crime, much
[33:09.240 --> 33:15.280]  less convicted of a crime, so they have no power to punish.
[33:15.280 --> 33:21.880]  Anything they do to you other than hold you long enough to get you before a magistrate
[33:21.880 --> 33:31.920]  comes under punishment, and that's something they have no power to do that is actionable.
[33:31.920 --> 33:38.280]  I know the jailers don't realize that because they've been doing things illegally for forever,
[33:38.280 --> 33:45.000]  for the 30 years that I've been looking into the system, so they think what they're doing
[33:45.000 --> 33:48.200]  is all right because everybody's been doing it that way.
[33:48.200 --> 33:56.360]  I once had a justice of the peace whom I respect greatly say to me, Mr. Calhoun, are
[33:56.360 --> 34:04.800]  you telling me that the way I've been doing things for the last 20 years is all wrong?
[34:04.800 --> 34:09.320]  I'm not telling you, Mark, read the code.
[34:09.320 --> 34:18.400]  He said, so is it your position that everybody in Texas is wrong and you're right?
[34:18.400 --> 34:22.080]  I said, I don't have a position, I just have the code.
[34:22.080 --> 34:26.960]  Don't ask me about it, just read it, this is what it says, a very clear language of
[34:26.960 --> 34:31.480]  the law is unmistakable.
[34:31.480 --> 34:40.560]  Now Mark was probably the most honest person I've ever known, he struggled to do things
[34:40.560 --> 34:48.920]  right, but he could not bring himself to accept that what he's been doing for the last 25
[34:48.920 --> 34:58.200]  years was wrong, but the fact is that's exactly the case.
[34:58.200 --> 35:07.800]  What they're doing is absolutely horribly illegal, most every step from arrest to trial
[35:07.800 --> 35:14.240]  as presently practiced in the state of Texas and every other state I've looked at so far
[35:14.240 --> 35:22.080]  is not only wrong, it is very specifically against particular law.
[35:22.080 --> 35:33.200]  On my website, jurisimprudence.com, I have a writ of habeas corpus that I wrote for
[35:33.200 --> 35:44.840]  a kid in Montgomery County and that writ walks through due process from front to back and
[35:44.840 --> 35:51.960]  most of the statute in there is federal statute, for instance the one that requires to be
[35:51.960 --> 36:00.000]  taken before magistrate is Gerstein Pugh, it's a Florida federal case, and Gerstein
[36:00.000 --> 36:07.680]  Pugh says that it would be better if every person was arrested on an existing warrant,
[36:07.680 --> 36:16.040]  but the authority to arrest without a warrant is a rational compromise, however, once the
[36:16.040 --> 36:24.640]  person is arrested and the officer may hold for a reasonable amount of time, that amount
[36:24.640 --> 36:30.920]  of time that is necessary to ensure against the escape of the accused and protect the
[36:30.920 --> 36:38.040]  safety of the officer, once those goals are accomplished, the authority of the officer
[36:38.040 --> 36:47.360]  to hold evaporates, he must bring the person before a magistrate to seek the authority
[36:47.360 --> 36:56.200]  to continue to hold, and the way that authority is accrued is by an examining trial and an
[36:56.200 --> 37:04.320]  order being issued and a warrant issued, well, you brought before the jailers and then they
[37:04.320 --> 37:12.200]  will bring you before this magistrate generally in the jail.
[37:12.200 --> 37:16.560]  Last time I was brought before one, the magistrate came in, he was sitting down, calling me up
[37:16.560 --> 37:24.000]  and I said, Your Honor, I see you have a file in front of you, yes, Ms. Kelton, I do, does
[37:24.000 --> 37:30.280]  that file have any information in it about me, he said, yes, Ms. Kelton, it does, tell
[37:30.280 --> 37:38.480]  me, Your Honor, where did you get that file, and that kind of stopped him, and then he
[37:38.480 --> 37:46.280]  said, well, Ms. Kelton, I don't know what you mean, who gave that to you, this particular
[37:46.280 --> 37:57.400]  magistrate was also an attorney, and he knew exactly where I was going, he received that
[37:57.400 --> 38:03.760]  document in an ex parte hearing, because when you go before one of these magistrates in the
[38:03.760 --> 38:11.040]  jail, they're doing what they think is a magistration where they simply advise you the charges against
[38:11.040 --> 38:28.600]  you, take a plea, says Bail, well, the problem with that is, is 17.05 code of criminal procedure,
[38:28.600 --> 38:43.240]  Bail is taken by a magistrate after an examining trial, that is really hard to misunderstand,
[38:43.240 --> 38:55.360]  that means a magistrate cannot take Bail any other time, these magistrates in these magistrations
[38:55.360 --> 39:00.480]  is what they call them, if you put my magistration in the Microsoft word, it will put a red line
[39:00.480 --> 39:08.240]  under it, doesn't recognize it, the term magistration doesn't exist anywhere in law except for some
[39:08.240 --> 39:16.800]  funky case law, where someone brings up the term in the case law, they made it up, they
[39:16.800 --> 39:24.480]  made up this routine to make it easier just to railroad people, and the problem with it
[39:24.480 --> 39:30.200]  is, if the arrest is valid, if the guy is really, really a bad criminal, it does make
[39:30.200 --> 39:37.040]  any difference, it's illegal, and we don't get to violate the law just because somebody
[39:37.040 --> 39:43.640]  else did, anyway, once you've been brought before the magistrate, the magistrate will,
[39:43.640 --> 39:52.440]  as a matter of course, find probable cause, that goes directly against the purpose of
[39:52.440 --> 40:01.360]  putting the magistrate in place, and it gives the public very good reason to fear the police,
[40:01.360 --> 40:07.400]  and when the public fear the police, the police will come to fear the public and that is exactly
[40:07.400 --> 40:13.760]  what has occurred, and once you're before the magistrate, they will find probable cause
[40:13.760 --> 40:23.800]  no matter what, either remand you to jail, set bail, they never let you go, in Travis
[40:23.800 --> 40:30.800]  County, they'll actually, for first offenders and such, they routinely release people on
[40:30.800 --> 40:40.240]  their personal cognizance, and once you're released, if you hire counsel, counsel is
[40:40.240 --> 40:48.760]  going to advise you to take a deal, it doesn't make any difference what you're charged with,
[40:48.760 --> 40:55.560]  how much evidence they have, how much evidence they don't have, makes no difference, your
[40:55.560 --> 41:05.280]  lawyer, whether he's court appointed or hired, is going to advise you to take a deal, that's
[41:05.280 --> 41:14.840]  because if he doesn't, enforces the prosecutor and the judge to actually adhere to the case,
[41:14.840 --> 41:23.200]  the judge and prosecutor are not going to be happy campers, and the judges will in fact
[41:23.200 --> 41:29.600]  rule against lawyer's clients to get back at lawyers, when you're bringing criminals
[41:29.600 --> 41:34.120]  in, if you're a criminal attorney, you're mostly representing criminals, and once while
[41:34.120 --> 41:45.360]  you get one of us, 90% of the crime is done by 6% of the population, so 90% of the time
[41:45.360 --> 41:51.160]  lawyers are dealing with criminals, and they're going before the judge, asking the judge to
[41:51.160 --> 41:57.840]  give him some kind of leeway, and these are situations where the judge has discretion,
[41:57.840 --> 42:02.840]  he can determine what he thinks is the best thing to do, and if he's POed at the attorney,
[42:02.840 --> 42:12.240]  he can exclude the client to get back at the attorney, now, judges may not actually do that,
[42:12.240 --> 42:19.880]  but I can absolutely assure you, lawyers believe they will do that, and they conduct themselves
[42:19.880 --> 42:24.920]  as if they will do that, so they're not going to do anything to upset that judge or the
[42:24.920 --> 42:31.160]  prosecutor, so they're going to advise you to take a deal, if you try to get them to
[42:31.160 --> 42:36.280]  fight your case, most likely they're just going to tell the judge that you are incapable
[42:36.280 --> 42:43.880]  of participating in your own defense because you didn't cop a plea, if you're come before
[42:43.880 --> 42:51.480]  the court and swear on your innocence, you've got to be crazy, and maybe something said
[42:51.480 --> 43:02.760]  of that, because the criminal court says they stand now will deny every right you have out
[43:02.760 --> 43:11.680]  of hand, anyone who thinks they can go before these courts and achieve justice, they have
[43:11.680 --> 43:19.320]  obviously never been before these courts, the only people who trust in the court system
[43:19.320 --> 43:25.880]  are those who have never had anything to do with it, so when we come back on the other
[43:25.880 --> 43:31.160]  side, we'll talk about how they push you into taking a deal, and then we'll talk about
[43:31.160 --> 43:36.680]  some of the things you can do about it, because there are a lot of things you can do about
[43:36.680 --> 43:46.920]  it, we've all just been pressured into thinking that we have no options, okay, this is Randy
[43:46.920 --> 43:52.080]  Kelton, Debra Steven, Jada Craig, we have our radio, I'll probably do one more session
[43:52.080 --> 44:01.960]  on this, so give us a call, get in line, we'll start taking calls, probably in a minute.
[44:01.960 --> 44:06.480]  The Oakland City Bombing, top ten reasons to question the official story, reason number
[44:06.480 --> 44:09.600]  two, why was the ATF AWOL?
[44:09.600 --> 44:14.480]  Paramedic Tiffany Bible, who was on the scene within five minutes, has stated in an affidavit
[44:14.480 --> 44:18.560]  that agents of the Bureau of Alcohol, Tobacco and Firearms, told her that they were not
[44:18.560 --> 44:23.440]  in the office that morning, D&T Catherine Mallet also overheard one agent say to another,
[44:23.440 --> 44:27.440]  close, is that why we got the page to not come in today, in court.
[44:27.440 --> 44:32.240]  Bruce Shaw, as interviewed on KFOR TV, was also told by ATF agents that they had been
[44:32.240 --> 44:38.320]  paid to not come in to work, the ATF initially denied these claims, and now variously claim
[44:38.320 --> 44:42.160]  that one of their agents was in a free falling elevator, which has been disproven, or that
[44:42.160 --> 44:46.320]  they had been in an all night stick out, or that they had been in a golf tournament.
[44:46.320 --> 44:50.760]  As they try to sort out their lies, all we want to know is, did the ATF receive a warning,
[44:50.760 --> 44:54.880]  and if so, why did they not pass it on to others in the normal?
[44:54.880 --> 44:58.880]  For more information, go to okcbombingtruth.com.
[44:58.880 --> 45:04.280]  Are you the plaintiff or defendant in a lawsuit?
[45:04.280 --> 45:09.800]  Win your case without an attorney, with Jurisdictionary, the affordable, easy to understand, four
[45:09.800 --> 45:14.800]  CD course that will show you how, in 24 hours, step by step.
[45:14.800 --> 45:18.800]  If you have a lawyer, know what your lawyer should be doing.
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[45:22.800 --> 45:27.800]  Thousands have won with our step by step course, and now you can too.
[45:27.800 --> 45:33.800]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:33.800 --> 45:38.800]  Even if you're not in a lawsuit, you can learn what everyone should understand
[45:38.800 --> 45:42.800]  about the principles and practices that control our American courts.
[45:42.800 --> 45:48.800]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:48.800 --> 45:51.800]  pro se tactics, and much more.
[45:51.800 --> 45:55.800]  Please visit ruleoflawradio.com and click on the banner.
[45:55.800 --> 46:13.800]  Or call toll-free 866-LAW-E-Z.
[46:13.800 --> 46:30.800]  Okay, we are back.
[46:30.800 --> 46:33.800]  Randy Kelton, Debbie Stephens, Eddie Craig, Rule of our Radio.
[46:33.800 --> 46:38.800]  And tonight we're talking about due process.
[46:38.800 --> 46:46.800]  It is an unfortunate fact that if you get accused of crime in Texas,
[46:46.800 --> 46:53.800]  and most every other state I've looked at, you're going to take a deal.
[46:53.800 --> 46:58.800]  And that's all there is to it because the system is designed that way.
[46:58.800 --> 47:04.800]  It's not designed that way by law, but designed that way by practice.
[47:04.800 --> 47:16.800]  If you attempt to claim your innocence, if you file motions and vigorously attempt
[47:16.800 --> 47:24.800]  to adjudicate your case, you can expect the court to send you in for psychological evaluation.
[47:24.800 --> 47:35.800]  We just had someone recently call in about this issue where they read them the accusations
[47:35.800 --> 47:37.800]  and asked them if they understood the charges.
[47:37.800 --> 47:39.800]  He said, no, he doesn't.
[47:39.800 --> 47:43.800]  And that was a statement of legal position.
[47:43.800 --> 47:50.800]  But the judge pretended like it was a statement of inability to understand the English language
[47:50.800 --> 47:55.800]  and forced him to get a psych eval.
[47:55.800 --> 48:00.800]  Psych evaluation can ruin your whole life.
[48:00.800 --> 48:02.800]  Judges don't care about it.
[48:02.800 --> 48:06.800]  So we're looking worth suggesting remedies.
[48:06.800 --> 48:08.800]  We have remedies.
[48:08.800 --> 48:12.800]  If you file a case, they'll force you to come to court.
[48:12.800 --> 48:13.800]  They forced me to come to court.
[48:13.800 --> 48:19.800]  Last time a DPS officer knocked one of my teeth out, they summoned me to court.
[48:19.800 --> 48:27.800]  And when I got to court, the court, the judge's coordinator, the judge's clerk,
[48:27.800 --> 48:29.800]  was calling everybody up.
[48:29.800 --> 48:30.800]  He called me up.
[48:30.800 --> 48:31.800]  She said, you rental accountant.
[48:31.800 --> 48:32.800]  I said, yes, I am.
[48:32.800 --> 48:35.800]  She asked me what my address was.
[48:35.800 --> 48:37.800]  I said, no questions.
[48:37.800 --> 48:39.800]  So I have to ask you these questions.
[48:39.800 --> 48:40.800]  I'm going to ask all you want to.
[48:40.800 --> 48:42.800]  I'm not going to answer.
[48:42.800 --> 48:45.800]  She said, well, you have to answer my questions.
[48:45.800 --> 48:48.800]  I said, we'll see what the judge has to say about that.
[48:48.800 --> 48:52.800]  Well, if you don't answer my questions, you can't talk to the judge.
[48:52.800 --> 48:55.800]  We'll see what the judge has to say about that.
[48:55.800 --> 48:58.800]  And she said, well, I think I need to get security.
[48:58.800 --> 48:59.800]  Yes, ma'am, you do.
[48:59.800 --> 49:00.800]  You need to get security.
[49:00.800 --> 49:02.800]  I'll be sitting right over here.
[49:02.800 --> 49:05.800]  So I went and sat down.
[49:05.800 --> 49:12.800]  And they called a bailiff, but apparently somebody warned him before he got there.
[49:12.800 --> 49:15.800]  Because he seemed to know who it was.
[49:15.800 --> 49:19.800]  And he came over and he said, Mr. Councilman, what seems to be the problem here?
[49:19.800 --> 49:21.800]  I don't have a problem.
[49:21.800 --> 49:23.800]  She has a problem.
[49:23.800 --> 49:27.800]  And he said, well, Mr. Councilman, you mind if we step outside so we don't disturb the court?
[49:27.800 --> 49:28.800]  I said, sure.
[49:28.800 --> 49:33.800]  And we go out in the hall and he said, well, Mr. Councilman, what seems to be the problem here?
[49:33.800 --> 49:41.800]  I said, well, the problem is, is I don't know which complaint I need you to verify.
[49:41.800 --> 49:54.800]  Should I have you verify a complaint against the judge for abusive process or against this clerk for impersonating a judicial officer?
[49:54.800 --> 49:59.800]  He said, well, Mr. Councilman, I'll be right back.
[49:59.800 --> 50:08.800]  He went back in the court and turned out the judge would see me to kind of shorten the story up.
[50:08.800 --> 50:11.800]  And he came out with the document and he asked me if I would.
[50:11.800 --> 50:13.800]  It was signed right here.
[50:13.800 --> 50:16.800]  And it was the first word on it was waiver.
[50:16.800 --> 50:20.800]  And I said, I don't think I'll be signing anything today.
[50:20.800 --> 50:23.800]  And then so then you went back in and the judge decided to see me.
[50:23.800 --> 50:28.800]  Well, the judge called me up and I said, she said, are you ready to count?
[50:28.800 --> 50:30.800]  I said, yes, your honor, I am.
[50:30.800 --> 50:36.800]  And I have this pina ordering me to be here today, but it doesn't tell me why I'm supposed to be here.
[50:36.800 --> 50:38.800]  You want to tell me what I'm doing here?
[50:38.800 --> 50:43.800]  She said, well, Mr. Councilman, we needed to find out if you had an attorney.
[50:43.800 --> 50:45.800]  Oh, you did.
[50:45.800 --> 50:50.800]  I said, well, your honor, I have read 28.01 code criminal procedure.
[50:50.800 --> 51:01.800]  It lists all of those things you can order me to come to court for to see if I have an attorney is not one of them.
[51:01.800 --> 51:08.800]  You see, they will order you to come to court for frivolous reasons because you have to take off work.
[51:08.800 --> 51:16.800]  You have to come down there and sit and wait on them and be hurried around like cattle and subject to this indignity.
[51:16.800 --> 51:30.800]  And if you don't plead guilty, they'll send you home and call you back four, five, six, eight times so that they steadily increase the pressure on you.
[51:30.800 --> 51:34.800]  And it's all about the psychology.
[51:34.800 --> 51:38.800]  They want to push you to the point to where this is just not worth it.
[51:38.800 --> 51:43.800]  You just want to get this over with and you take a deal.
[51:43.800 --> 51:53.800]  Average conviction rate in Texas, 99.6.
[51:53.800 --> 51:59.800]  And it's been that way for 10 years that I know of.
[51:59.800 --> 52:03.800]  It rounds up to 100.
[52:03.800 --> 52:19.800]  We did a live, present live show at the Austin City Hall when Chief Acevedo wanted to get authorizations for his officers to take blood from suspected drug drivers.
[52:19.800 --> 52:22.800]  And I bushwhacked him with the microphone on the way in.
[52:22.800 --> 52:24.800]  I asked him why he wanted to do that.
[52:24.800 --> 52:29.800]  He said, well, we need to collect the evidence.
[52:29.800 --> 52:30.800]  I said, well, why?
[52:30.800 --> 52:33.800]  Well, so we can increase our conviction rate.
[52:33.800 --> 52:36.800]  Why would you want to do that?
[52:36.800 --> 52:39.800]  He said, well, so we could get more convictions.
[52:39.800 --> 52:42.800]  I said, do you know what your conviction rate is now?
[52:42.800 --> 52:44.800]  Well, I'm not sure.
[52:44.800 --> 52:45.800]  We'll take a guess.
[52:45.800 --> 52:47.800]  He said, oh, 70%, 80%.
[52:47.800 --> 52:49.800]  And I tried a little higher.
[52:49.800 --> 52:55.800]  And I pushed him up to 90 and I said, how about 99.6?
[52:55.800 --> 52:57.800]  And he said, no, no, that can't be.
[52:57.800 --> 52:59.800]  I have my statistician here.
[52:59.800 --> 53:04.800]  He called this guy over and he asked him, what is the average conviction rate in Texas?
[53:04.800 --> 53:09.800]  The guy kind of hemmed and hard and did your classic chicken dance.
[53:09.800 --> 53:11.800]  We shift from one foot to the other.
[53:11.800 --> 53:15.800]  Oh, well, it's I said about 90.
[53:15.800 --> 53:18.800]  Well, yeah, about 90, about 99 maybe.
[53:18.800 --> 53:20.800]  Oh, yeah, about 99.6.
[53:20.800 --> 53:22.800]  Well, yeah.
[53:22.800 --> 53:27.800]  What's the point of taking blood from somebody doesn't make any difference.
[53:27.800 --> 53:30.800]  It makes no difference if you're guilty or innocent.
[53:30.800 --> 53:34.800]  You're going to plead guilty and that's all there is to that.
[53:34.800 --> 53:43.800]  And if you fight them, then they're going to use every stinking rotten lowdown tool they got against you.
[53:43.800 --> 53:49.800]  I'm suggesting that enough is enough.
[53:49.800 --> 53:56.800]  It's time we started using a few stinking rotten lowdown tricks of our own.
[53:56.800 --> 53:59.800]  And we have a few.
[53:59.800 --> 54:03.800]  And I mean the process of working on some right now.
[54:03.800 --> 54:12.800]  I know I've been talking about bar grievance.com for a long time, but I finally got my programmer.
[54:12.800 --> 54:17.800]  And we'll be bringing that one up shortly.
[54:17.800 --> 54:20.800]  We're not just bringing that one up.
[54:20.800 --> 54:31.800]  We're bringing that one up as a structural platform on which we will immediately drop judicial conduct.
[54:31.800 --> 54:49.800]  And then we'll draw criminal family law, probate law, where putting together a tool where ordinary people can get access, complete access to the law.
[54:49.800 --> 54:55.800]  Bar grievances, one of the most powerful tools you have.
[54:55.800 --> 55:02.800]  I'm not sure which one's better, bar grievances or judicial conduct complaints.
[55:02.800 --> 55:19.800]  Right now, if you file a judicial conduct complaint, the only ones the commission will exercise authority toward are the justices of the peace and municipal court judges, the so-called inferior courts.
[55:19.800 --> 55:21.800]  They kind of use them as cannon fodder.
[55:21.800 --> 55:24.800]  They never go after the higher judges.
[55:24.800 --> 55:30.800]  So we're working on some technique.
[55:30.800 --> 55:32.800]  We actually have a couple of people doing this.
[55:32.800 --> 55:39.800]  I recently filed criminal charges against Chief Justice of the Supreme Court with the district attorney.
[55:39.800 --> 55:44.800]  The district attorney did not give the complaint to the grand jury.
[55:44.800 --> 55:50.800]  And the district attorney has a public integrity office.
[55:50.800 --> 56:01.800]  So I will be filing criminal charges of conspiracy to commit obstruction of justice against the district attorney with the attorney general.
[56:01.800 --> 56:19.800]  In 2007, an amendment to 39.01 took effect that gave the attorney general concurrent jurisdiction in matters of complaints against public officials under Chapter 39.
[56:19.800 --> 56:33.800]  So I'll charge the prosecuting attorney with official oppression under Chapter 39, criminal conspiracy to commit, and felony shielding from prosecution.
[56:33.800 --> 56:37.800]  And file that with the attorney general.
[56:37.800 --> 56:41.800]  Now, the attorney general's not going to act on it.
[56:41.800 --> 56:49.800]  And we'll take complaints against the attorney general and take them all to the justices of the court of criminal appeals.
[56:49.800 --> 56:54.800]  My candle just filed complaints with them and they refused to act on them.
[56:54.800 --> 56:58.800]  Now he's filing against those guys with the attorney general.
[56:58.800 --> 57:03.800]  So we're going to have criminal complaints against everyone.
[57:03.800 --> 57:10.800]  And all of this goes back to grand juries.
[57:10.800 --> 57:19.800]  First, we establish that everybody is violating law.
[57:19.800 --> 57:21.800]  So where is our remedy?
[57:21.800 --> 57:27.800]  Our remedy is and always has been grand jury.
[57:27.800 --> 57:43.800]  I just went to the district attorney in Tarrant County over a really relatively minor complaint against the local justice of the peace.
[57:43.800 --> 57:50.800]  I went to the justice to see all of the records of eviction, the filing for eviction.
[57:50.800 --> 57:53.800]  And they didn't go for that.
[57:53.800 --> 57:57.800]  I'll tell the rest of that when I get back. This is a good story.
[57:57.800 --> 58:01.800]  It's very, very encouraging.
[58:01.800 --> 58:05.800]  It tells us if we fight this thing, we fight it right.
[58:05.800 --> 58:16.800]  We actually can win it because in this case, the prosecuting attorney blinked.
[58:16.800 --> 58:24.800]  This is Randy Kelton.
[58:24.800 --> 58:26.800]  The calls are building up.
[58:26.800 --> 58:30.800]  I'll finish up on the other side and I'll start taking calls.
[58:30.800 --> 58:33.800]  So this is the Friday night show.
[58:33.800 --> 58:36.800]  So it tends to get busy toward the end.
[58:36.800 --> 58:39.800]  So if you have a question or comment, give us a call.
[58:39.800 --> 58:42.800]  Get in line and we'll try to get to all of you.
[58:42.800 --> 58:49.800]  We'll be right back.
[59:12.800 --> 59:17.800]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:17.800 --> 59:26.800]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:26.800 --> 59:39.800]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:39.800 --> 59:44.800]  That's 888-551-0102.
[59:44.800 --> 01:00:10.800]  Or visit us online at bfa.org.
[01:00:10.800 --> 01:00:15.800]  Who's doing the talking?
[01:00:15.800 --> 01:00:41.800]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:00:41.800 --> 01:00:45.800]  Start over with Start Page.
[01:00:45.800 --> 01:00:53.800]  Since 2001, when the Patriot Act opened the doors to electronic surveillance, Big Brother has gone crazy vacuuming up all of our data.
[01:00:53.800 --> 01:00:58.800]  Now it has a new tactic, courtesy of our former communist allies, the Russians.
[01:00:58.800 --> 01:01:05.800]  It's called Voice Grid Nation and it analyzes and identifies voices courtesy of Russia's Speech Technology Center.
[01:01:05.800 --> 01:01:11.800]  When authorities intercept a call, the speaker's voice is compared to millions of others, like a fingerprint.
[01:01:11.800 --> 01:01:14.800]  How long does it take for a match? Three seconds.
[01:01:14.800 --> 01:01:21.800]  So watch what you say on the phone, comrades. Whether you say your name or not, Big Brother may know who's talking.
[01:01:21.800 --> 01:01:35.800]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:01:35.800 --> 01:01:42.800]  Are you a knucklecracker? For some it's a nervous habit, for others it brings a sensation of relief, but is it harming your joints?
[01:01:42.800 --> 01:01:48.800]  I'm Dr. Catherine Albrecht and I'll have the answer to that white knuckle question in a moment.
[01:01:48.800 --> 01:01:54.800]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:01:54.800 --> 01:01:59.800]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:59.800 --> 01:02:04.800]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:02:04.800 --> 01:02:14.800]  Privacy, it's worth hanging on to. This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing.
[01:02:14.800 --> 01:02:17.800]  Start over with StartPage.
[01:02:17.800 --> 01:02:20.800]  Snap, crackle, pop, ouch.
[01:02:20.800 --> 01:02:23.800]  It's another annoying knucklecracker on the loose.
[01:02:23.800 --> 01:02:30.800]  If you enjoy cracking your knuckles, someone has probably told you it can lead to arthritis, but is there any truth to that?
[01:02:30.800 --> 01:02:37.800]  The research on knucklecracking is admittedly thin, but in the most comprehensive study to date, published in 2011,
[01:02:37.800 --> 01:02:48.800]  researchers found that people who pop their knuckles every 15 minutes were no more likely to develop arthritis than those who did it just once a day, or those who didn't crack their knuckles at all.
[01:02:48.800 --> 01:02:54.800]  So if you like cracking your knuckles, by all means carry on, but please do it where the rest of us can't hear you.
[01:02:54.800 --> 01:03:01.800]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:03:01.800 --> 01:03:24.800]  Music
[01:03:24.800 --> 01:03:26.800]  Okay, we are back.
[01:03:26.800 --> 01:03:34.800]  I'm Randy Kelton, Debra Stephens, Eddie Craig, and we've been talking about due process.
[01:03:34.800 --> 01:03:42.800]  Now I'm going to talk a little bit about remedy. The call board is really lighten up, so I will shorten this up a bit.
[01:03:42.800 --> 01:03:48.800]  I had an experience that was incredibly encouraging.
[01:03:48.800 --> 01:03:56.800]  I have the recording of a phone call, but I don't have it where I can play it on the air yet. I'll try to have that ready next Thursday.
[01:03:56.800 --> 01:04:01.800]  I went to adjust this piece and asked to see some records.
[01:04:01.800 --> 01:04:09.800]  They gave me a bit of a hard time, but I pressed on them and the clerks brought me out five folders.
[01:04:09.800 --> 01:04:20.800]  And while I was looking at the first one, the magistrate came up and said that I couldn't see those because I was a security risk.
[01:04:20.800 --> 01:04:27.800]  And I politely instructed her, you are mistaken, I am not a security risk.
[01:04:27.800 --> 01:04:32.800]  I am disoffering, and you are the servant.
[01:04:32.800 --> 01:04:36.800]  You have a duty to make these records available for my inspection.
[01:04:36.800 --> 01:04:42.800]  I want you to do so, and I want no interference in the process.
[01:04:42.800 --> 01:04:50.800]  Well, she didn't take that too well and instructed me that I couldn't look at those records, so I had one open.
[01:04:50.800 --> 01:05:00.800]  So you're saying I can't see these records? She said yes I am, so I closed it, pushed it back, and by this time the bailiff was kind of easing over toward us.
[01:05:00.800 --> 01:05:06.800]  I turned to the bailiff and said, Mr. Bailiff, did you hear that? He said yes I did, arrest her.
[01:05:06.800 --> 01:05:11.800]  He said, if you create a disturbance, I'll arrest you.
[01:05:11.800 --> 01:05:17.800]  And I kind of leaned over the counter and said, are you threatening me?
[01:05:17.800 --> 01:05:23.800]  And he said, well, Mr. Kelton, are you threatening me?
[01:05:23.800 --> 01:05:29.800]  And then he kind of stepped back and he said, well, no, Mr. Kelton, I didn't mean it that way, then arrest her.
[01:05:29.800 --> 01:05:31.800]  Then we went just back and forth a bit.
[01:05:31.800 --> 01:05:41.800]  And he finally said, well, I can't do that, I have to go administer the court, but I'll take you down to the constable.
[01:05:41.800 --> 01:05:45.800]  I said, that'll work. So we went down to the constable.
[01:05:45.800 --> 01:05:54.800]  The constable refused to take a criminal complaint against the justice of the peace, said they didn't do that.
[01:05:54.800 --> 01:06:03.800]  I said, well, I don't care what you don't do. I care what the law says, and you have a duty to keep peace by all legal means.
[01:06:03.800 --> 01:06:07.800]  And primary means is to arrest perpetrators, so arrest her.
[01:06:07.800 --> 01:06:13.800]  Oh, we don't do that. So I asked him, are you a certified police officer? He said yes I am.
[01:06:13.800 --> 01:06:19.800]  So you're refusing to perform your duty as prescribed by Article 2.13 Code of Criminal Procedures? He said yes I am.
[01:06:19.800 --> 01:06:29.800]  It's okay, that's all I need. And I left, went to the sheriff's department and asked for a sheriff's deputy to arrest the judge.
[01:06:29.800 --> 01:06:35.800]  I hope everybody here understands what I'm doing.
[01:06:35.800 --> 01:06:48.800]  The while I was waiting for the sheriff, the constable showed up and he said, well, Mr. Kelton, this was a building across the hall, so he had to make a trip over there.
[01:06:48.800 --> 01:06:56.800]  He said, Mr. Kelton, if you want me to, I will talk to the prosecuting attorney about this. Oh, no, no, no, no, no.
[01:06:56.800 --> 01:07:09.800]  Don't you dare talk to the prosecuting attorney. I will talk to the prosecuting attorney, but I'm not ready to yet because I haven't had everybody touch my tar baby.
[01:07:09.800 --> 01:07:18.800]  He said, your tar baby? I said, yeah, you've already touched my tar baby. I said, I got this little invisible tar baby and I'm trying to get everybody to touch it.
[01:07:18.800 --> 01:07:29.800]  And just as I said that, this guy came in in street clothes and a dispatcher said that this was a captain who had just gotten off duty.
[01:07:29.800 --> 01:07:37.800]  I said, a captain? Oh, wonderful. He said, well, Mr. Kelton, what can I do for you? I said, I need you to arrest the judge right.
[01:07:37.800 --> 01:07:44.800]  Oh, man, I'm not going to arrest the judge. He always said I can't arrest the judge. Sure, I can. Just go over there and throw the cuffs on him and drag her off to jail.
[01:07:44.800 --> 01:07:52.800]  Oh, no, man, I am not arrested to judge. Come on, chicken. So this will be fun. Just go through the cuffs. No, no, no, no, I'm off duty.
[01:07:52.800 --> 01:08:00.800]  Wait a minute. You're a certified police officer. You're never off duty. Well, I'm not going to arrest the judge.
[01:08:00.800 --> 01:08:12.800]  This went well because nobody got really aggressive and I tried to keep it kind of light. They weren't sure if I was joking or not.
[01:08:12.800 --> 01:08:24.800]  But I wasn't. So I called the after that I had the bailiff constable sheriff's department.
[01:08:24.800 --> 01:08:30.800]  I didn't need the Lakewood police department because they didn't have subject ban or jurisdiction in the courthouse.
[01:08:30.800 --> 01:08:44.800]  So I called the district attorney and got a hold of the district attorney's office and they told me that they didn't take complaints against public officials that they only took complaints from police officers that I'd have to file it with a policing agency.
[01:08:44.800 --> 01:08:48.800]  Perfect. Now everybody's touched my tar baby.
[01:08:48.800 --> 01:09:13.800]  So I called back Tuesday and got a hold of the district attorney heading the grand jury and told her that I would be coming down to their office to see the grand jury and I would be presenting criminal complaints against a public official with the grand jury.
[01:09:13.800 --> 01:09:22.800]  And we had a little discussion about it and I kind of told her briefly what the deal was and I said, I will be filing these complaints.
[01:09:22.800 --> 01:09:34.800]  She said, well, why are you calling me? Well, I needed to know if I would have to bring a police officer with me to ensure that nobody interferes with me.
[01:09:34.800 --> 01:09:54.800]  She said, well, Mr. Kelton, just what it was that you had in mind. I said, well, I'm going to come down there and I'm going to approach the bailiff for the grand jury and tell him my name and instruct the foreman that I have business with the grand jury.
[01:09:54.800 --> 01:10:07.800]  And he's going to say, may I tell him the nature of the business and I'll say, yes, you may give him these and I'll give him a stack of complaints and then I will go away.
[01:10:07.800 --> 01:10:26.800]  But in a week, I will go back and look at the minutes of the court as defined by 20.23, Texas Code of Current Procedure. And if I don't find a true bill or no bill, I'll come back and ask you to arrest the bailiff.
[01:10:26.800 --> 01:10:38.800]  And she said, well, Mr. Kelton, I forgot how it went, but she asked me what I wanted from her, what I wanted her to do. And I told her, I don't care what you do.
[01:10:38.800 --> 01:10:58.800]  If you interfere with my access to the grand jury, then that will give me support for the white paper and preparing for a legislature. If you don't and step aside and give me access to the grand jury, that will show precedence for how it should be done.
[01:10:58.800 --> 01:11:18.800]  So frankly, I don't care which one you do. So she assured me that if I wanted to come down and present criminal complaints for the grand jury to the bailiff of the grand jury, she would not interfere with me.
[01:11:18.800 --> 01:11:29.800]  It's a big deal. Because 15 years ago, my picture hung in the grand jury room, Tarrant County with a sign under it said, if you see this man called security.
[01:11:29.800 --> 01:11:39.800]  A friend of mine, stepson, was a Tarrant County Sheriff's Deputy. He worked grand jury duty and asked his father-in-law what my picture was doing hanging up there.
[01:11:39.800 --> 01:11:50.800]  And that's because I had filed complaints against this same Justice of the Peace. I guess she forgot who I was.
[01:11:50.800 --> 01:12:06.800]  So I will be filing criminal complaints against the Justice of the Peace for official oppression and against the bailiff for first degree felony aggravated assault.
[01:12:06.800 --> 01:12:21.800]  When he threatened to arrest me in order to prevent me from exercising my right to a public court, he did so while prominently displaying a deadly weapon.
[01:12:21.800 --> 01:12:36.800]  And according to 2204, Texas Code of Criminal Procedure, Texas Penal Code, that is a first degree felony. Now, I don't have any doubt that the grand jury will cause it.
[01:12:36.800 --> 01:12:44.800]  As a matter of fact, I hope they do. But this guy is going to be real excited in the interim.
[01:12:44.800 --> 01:12:56.800]  And that's really the point of the grand jury. We all have the ability to use the grand jury. We all need to start acting like sovereigns.
[01:12:56.800 --> 01:13:07.800]  File criminal complaints against these guys. I'll have judicial conduct and bar grievance up soon. Start bar grieving lawyers, judicial conduct complaints against judges.
[01:13:07.800 --> 01:13:14.800]  Criminal complaints against judges and lawyers. This drives them crazy because there's nothing they can do about it.
[01:13:14.800 --> 01:13:24.800]  We can change the way things are. We're not stuck with this police state that we're in. We can fix it.
[01:13:24.800 --> 01:13:37.800]  Okay, I'm going to stop talking about that. And we're going to go to Doug in Texas. Doug, what do you have for us tonight?
[01:13:37.800 --> 01:13:44.800]  Hey, Randy, do you know Jamie Belasia, the D.W.I. dude?
[01:13:44.800 --> 01:13:49.800]  I've heard the name, but no, I don't know him.
[01:13:49.800 --> 01:14:06.800]  Well, he's, you know, every morning I wake up, I drink my coffee, and I see Wayne Wright, Daniel Stark, and Bonilla Law Firm, and Nguyen.
[01:14:06.800 --> 01:14:18.800]  I give you a free loan on your suit, your suit, your suit. Everything's civil. They're all civil. Get your settlement from these people.
[01:14:18.800 --> 01:14:44.800]  The person I know that's, that is fighting criminal would be Jamie Belasia. He's got officers in the minor and I think somewhere else, but he actually fights, you know, he didn't go and plead people guilty for their D.W.I.s or whatever.
[01:14:44.800 --> 01:15:07.800]  He actually, you know, goes toward, you know, the criminal realm as opposed to the civil realm. And I just, man, I'm not sure what you mean by the criminal realm instead of the civil realm as concerns D.W.I.s.
[01:15:07.800 --> 01:15:16.800]  D.W.I. is a class B misdemeanor. That's criminal. I don't see how you get to civil.
[01:15:16.800 --> 01:15:36.800]  You know, what I'm saying is that he does the D.W.I.s by being wall intoxicated. He takes those and usually beats them. You were talking about the 99% conviction rate per criminal.
[01:15:36.800 --> 01:15:40.800]  Yeah, he's probably the reason it's not 100%.
[01:15:40.800 --> 01:15:42.800]  What?
[01:15:42.800 --> 01:15:46.800]  He is the reason it's not 100%.
[01:15:46.800 --> 01:16:00.800]  I have, I have heard of him, but I suspect he's not as aggressive as you may think because if he was, he'd have been disbarred by now.
[01:16:00.800 --> 01:16:11.800]  If we're going to have lawyers that can actually fight for our rights, we have to learn how to give our lawyers plausible deniability.
[01:16:11.800 --> 01:16:23.800]  As I mentioned earlier about where the DPS officer knocked one of my teeth out and the judge called me in about to find out if I had had a lawyer.
[01:16:23.800 --> 01:16:29.800]  They appointed me a lawyer. She asked me if I had an attorney and I said, no, I don't. She said, are you going to hire one? Nope.
[01:16:29.800 --> 01:16:35.800]  Would you like me to appoint you an attorney? I don't care what you do. She said, well, Mr. Kelton, I'm going to appoint you counsel.
[01:16:35.800 --> 01:16:41.800]  I told her, well, if you do, make sure you point one you really don't like.
[01:16:41.800 --> 01:16:44.800]  And that was about giving him plausible deniability.
[01:16:44.800 --> 01:16:47.800]  I'll explain how that went when I get back on the other side.
[01:16:47.800 --> 01:16:51.800]  This is Randy Kelton, David Stevens, Eddie Craig, who lives on radio.
[01:16:51.800 --> 01:17:00.800]  I call in number 512-646-1984. We'll be right back.
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[01:19:00.800 --> 01:19:20.800]  Music
[01:19:20.800 --> 01:19:22.800]  Okay, we are back.
[01:19:22.800 --> 01:19:29.800]  Randy Kelton, Debbie Stevens, Eddie Craig, Rue de la Radio, and we're talking to Doug in Texas.
[01:19:29.800 --> 01:19:35.800]  Doug, do you have contact information for this lawyer?
[01:19:35.800 --> 01:19:45.800]  That's what you find in these in Alex Jones' info wars and magazines that put out this month or last month or whenever.
[01:19:45.800 --> 01:19:52.800]  Okay, okay, I'll have a look at that. Let me try to get him on the show.
[01:19:52.800 --> 01:20:01.800]  Okay, I'll look him up.
[01:20:01.800 --> 01:20:10.800]  But if we're going to beat these guys, if we're going to get an attorney who will actually work in our behalf,
[01:20:10.800 --> 01:20:17.800]  we need to be able to help the attorney have plausible deniability.
[01:20:17.800 --> 01:20:26.800]  And the way we do that is we turn ourselves into a unruly client.
[01:20:26.800 --> 01:20:34.800]  But we don't become unruly in a way that they like for us to become unruly. We don't get loud and boisterous.
[01:20:34.800 --> 01:20:40.800]  We don't call them bad names. We take their law and use it against them.
[01:20:40.800 --> 01:20:47.800]  In this case, they appointed me counsel and the lawyer came in to talk to me and he started telling me how things were going to go.
[01:20:47.800 --> 01:20:50.800]  And I told him, no, no, no, they're not going to go that way.
[01:20:50.800 --> 01:20:53.800]  Oh, they're not. Then how are things going to go, Mr. Kelton? Here's how they're going to go.
[01:20:53.800 --> 01:20:57.800]  You're going to go to that judge and ask that judge to remove you from this case.
[01:20:57.800 --> 01:21:01.800]  And I'm going to go to that judge and tell her, don't you dare remove him from that case.
[01:21:01.800 --> 01:21:06.800]  He's my counsel of choice and he's under contract.
[01:21:06.800 --> 01:21:12.800]  And the lawyer said, well, Mr. Kelton, I'm not under contract with you. I'm under contract with the state. Yes, you are.
[01:21:12.800 --> 01:21:17.800]  But I'm the intended third party beneficiary and I have standing before the contract.
[01:21:17.800 --> 01:21:22.800]  But the judge is going to remove you from the case. He said, yes, you will. Then I get to sue the judge.
[01:21:22.800 --> 01:21:25.800]  Oh, this is going to be wonderful.
[01:21:25.800 --> 01:21:32.800]  And he got this look on his face and said, oh, no, he's going to get me disbarred.
[01:21:32.800 --> 01:21:36.800]  I bet he told me that 20 times at least.
[01:21:36.800 --> 01:21:40.800]  I can't do that, Mr. Kelton. You'll get me disbarred.
[01:21:40.800 --> 01:21:45.800]  I wanted to subpoena a judge. He couldn't do it. That's no problem. I subpoena him myself.
[01:21:45.800 --> 01:21:49.800]  Oh, Mr. Kelton, you're going to get me disbarred.
[01:21:49.800 --> 01:21:56.800]  And the end, the thing that ended it is I was standing by the bar.
[01:21:56.800 --> 01:22:02.800]  15 feet away up by the judge is the prosecutor and the judge.
[01:22:02.800 --> 01:22:09.800]  And my attorney come up to, he was talking to them, he came up to me and told me that the prosecutor said she knows who you are.
[01:22:09.800 --> 01:22:14.800]  And if you start filing criminal charges, she's going to charge you with tamper to government document.
[01:22:14.800 --> 01:22:16.800]  Oh, she said that, did she?
[01:22:16.800 --> 01:22:20.800]  I reached in my case and I pulled out about 30 criminal complaints.
[01:22:20.800 --> 01:22:28.800]  And I got a whole stack of them. You need to get her over here so she can verify these criminal complaints in accordance with their duty under Article 2.06 Code of Criminal Procedure.
[01:22:28.800 --> 01:22:32.800]  And I pointed at her. You, come here.
[01:22:32.800 --> 01:22:37.800]  She just stood there. So I turned to the lawyer and I said, here, take him.
[01:22:37.800 --> 01:22:44.800]  And he held up both hands with his palms out. I'm not going to touch him. I'm not going to touch him. Take him, you chicken chip.
[01:22:44.800 --> 01:22:48.800]  Well, the judge is watching that.
[01:22:48.800 --> 01:22:51.800]  The lawyer didn't understand.
[01:22:51.800 --> 01:23:00.800]  I was demonstrating to the court that the poor mistreated lawyer had an unruly client he could not control.
[01:23:00.800 --> 01:23:08.800]  And I'd already told him that if he failed to properly adjudicate one due process right, I'd bar grieve him for it.
[01:23:08.800 --> 01:23:13.800]  And that terrified him because that cost him his malpractice insurance. He couldn't practice.
[01:23:13.800 --> 01:23:24.800]  So he was absolutely terrified. And the judge had to protect the lawyer from the unruly client, plausible deniability.
[01:23:24.800 --> 01:23:28.800]  We have to stop being passive.
[01:23:28.800 --> 01:23:42.800]  And I'm putting together a tool to evaluate criminal charges that will tell you what the charges are, what the elements of the crime are, what elements are present.
[01:23:42.800 --> 01:23:56.800]  What offer you can expect from the prosecutor, what you'd expect him to settle for, what your court appointed counsel will do for you, what paid counsel will do for you, what they should do for you.
[01:23:56.800 --> 01:24:04.800]  And here's all the documents they should be filing. And here's how you can kick their behinds when they don't.
[01:24:04.800 --> 01:24:16.800]  And when you drop these motions on the defense counsel, the first one he doesn't file, you bar grieve him for it.
[01:24:16.800 --> 01:24:26.800]  I guarantee you he's going to run to the judge and tell the judge he's got an unruly client who's trying to put me out of business. Help me.
[01:24:26.800 --> 01:24:40.800]  They can't punish you by doing something worse to you because they're going to do absolutely the worst they can anyway.
[01:24:40.800 --> 01:24:53.800]  You have absolutely nothing to lose, especially after you have, once I get the evaluation done, then you'll know precisely where they stand, what their likelihood is of being able to get a conviction.
[01:24:53.800 --> 01:25:00.800]  Then you'll have something to fight them with. And this thing will also attach to bar grievance and judicial conduct.
[01:25:00.800 --> 01:25:10.800]  So every time they do something that's not quite proper, the system will spit out a bar grievance and judicial conduct complaint and we just hammer them.
[01:25:10.800 --> 01:25:14.800]  Bar grievance is against the prosecutor.
[01:25:14.800 --> 01:25:24.800]  Most of these prosecutors don't intend to be prosecutors the whole life. You start bar grieving them, they get out of the prosecutor's office, those bar grievances are going to come back to haunt them.
[01:25:24.800 --> 01:25:33.800]  They won't be able to get hired on with a law firm because they've got three bar grievances, insurance company, a council law firm, malpractice insurance.
[01:25:33.800 --> 01:25:39.800]  They can't practice on their own because they can't get insured because they've got too many.
[01:25:39.800 --> 01:25:46.800]  We've got ways of fighting them back. Okay, Doug, do you have anything else for us?
[01:25:46.800 --> 01:25:50.800]  I think you curled it all. Thank you very much.
[01:25:50.800 --> 01:25:59.800]  Okay, thank you, Doug. Now we're going to go to Shorty in Texas. Shorty, what do you have for us?
[01:25:59.800 --> 01:26:01.800]  How are you doing today?
[01:26:01.800 --> 01:26:05.800]  I am doing good. Did you really get a ticket for cussing?
[01:26:05.800 --> 01:26:08.800]  Yes, sir. Actually, I did.
[01:26:08.800 --> 01:26:17.800]  I'm making this really great soap. I need to send you something so you can wash your mouth out.
[01:26:17.800 --> 01:26:21.800]  You know what's the funny thing he did?
[01:26:21.800 --> 01:26:30.800]  I am a retired paratrooper and I do cuss. Like a paratrooper, not like a sailor, I embarrassed him too many times.
[01:26:30.800 --> 01:26:41.800]  On this particular occasion, I did not. I was inside a business where there were kids and so I did not do what they said that I did.
[01:26:41.800 --> 01:26:49.800]  As a matter of fact, I'm the one that initiated contact with the police. What happens, I'm disabled and I haven't served with them.
[01:26:49.800 --> 01:27:00.800]  They refused me service unless I took referred outside. I told them that that was against the law and they could not do that.
[01:27:00.800 --> 01:27:09.800]  I told them the story. Now, the police stepped over a felony to get to a misdemeanor, disorderly conduct.
[01:27:09.800 --> 01:27:19.800]  He wrote me a ticket which has got summons in red across the bottom of it in all capital letters.
[01:27:19.800 --> 01:27:29.800]  Now, flash forward, I've got an attorney only because I couldn't get all the documentation because the information that they sent me from the court
[01:27:29.800 --> 01:27:43.800]  in the officer's statement, it stopped in mid-sentence. So, I refuse to make any plea or anything. I can't talk to the court until I know what they're charging me with.
[01:27:43.800 --> 01:27:52.800]  So, I keep asking for the information. Finally, through my attorney, tell me that I have everything. So, we go to court.
[01:27:52.800 --> 01:28:02.800]  I have to be there, although they call my attorney. Wait a minute. What constitutes everything? What was it you didn't have?
[01:28:02.800 --> 01:28:13.800]  They said that I have everything and I submit that I don't because, see, the officer's statement stops in mid-sentence.
[01:28:13.800 --> 01:28:27.800]  Oh. I mean, it's very short. And if you would, I could read it for you very quickly, admitting certain things that you know, but...
[01:28:27.800 --> 01:28:29.800]  Go ahead.
[01:28:29.800 --> 01:28:32.800]  I could run through the story and come back to that if you'd like.
[01:28:32.800 --> 01:28:34.800]  Go ahead. Yeah, do that.
[01:28:34.800 --> 01:28:46.800]  Okay. So, flash forward, we went to court yesterday. I had to be there, although they left me sitting in the courtroom and went into a room behind that.
[01:28:46.800 --> 01:28:57.800]  And later, my attorney came out, kind of twinkle-toes, looking at me saying, okay, now, they will drop the charges if you go to anger management.
[01:28:57.800 --> 01:29:07.800]  They showed me this film and my mind is they showed you a film and I'm starting to think on that and I miss pretty much what he said next.
[01:29:07.800 --> 01:29:19.800]  But in essence, I talked to him today. In essence, what happened was they showed him a film which has no audio and shows no disturbance.
[01:29:19.800 --> 01:29:28.800]  And the ADA is willing to drop the charges, but they want to punish me first by making me take an anger management class.
[01:29:28.800 --> 01:29:37.800]  Now, first of all, that film is inadmissible because it's submitted in a case and I did not have a copy of it.
[01:29:37.800 --> 01:29:44.800]  Okay. Okay. Hang on. We're about to go to break. This is Randy Kelton, David Stevens, Eddie Craig, the rule of our radio.
[01:29:44.800 --> 01:29:59.800]  Our call in number 512-646-1984. Give us a call. Get in line. We'll be right back on the other side.
[01:29:59.800 --> 01:30:06.800]  A noble lie, Oklahoma City, 1995 will change forever the way you look at the true nature of terrorism.
[01:30:06.800 --> 01:30:10.800]  Based on the damage pattern to the building, but the government sends impossible.
[01:30:10.800 --> 01:30:14.800]  The country did not want to hear anything I had to say.
[01:30:14.800 --> 01:30:17.800]  The decision was made not to pursue any of those individuals.
[01:30:17.800 --> 01:30:22.800]  Some of these columns were ripped up, shredded, tossed around.
[01:30:22.800 --> 01:30:26.800]  The people that did the things they did knew doggone well what they were doing.
[01:30:26.800 --> 01:30:31.800]  Expose the cover up now at alobalive.com.
[01:30:31.800 --> 01:30:37.800]  The rule of law radio network is proud to present a due process of law seminar hosted by our own Eddie Craig.
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[01:32:22.800 --> 01:32:28.800]  Okay, we are back. Randy Kelton, Debbie Stephens, Eddie Craig with the Law Radio.
[01:32:28.800 --> 01:32:31.800]  And we're talking to Shorty in Texas.
[01:32:31.800 --> 01:32:36.800]  Okay Shorty, you were telling us the story.
[01:32:36.800 --> 01:32:43.800]  Before I continue on, let me let you know that I was referred to by a gentleman and he's probably cringing by that.
[01:32:43.800 --> 01:32:47.800]  I named Winterborn and I told him I'd let you know.
[01:32:47.800 --> 01:32:49.800]  Winterborn?
[01:32:49.800 --> 01:32:51.800]  Yes, sir.
[01:32:51.800 --> 01:32:53.800]  Hmm, doesn't ring a bell.
[01:32:53.800 --> 01:32:55.800]  He talked with you a few times.
[01:32:55.800 --> 01:32:57.800]  Could be.
[01:32:57.800 --> 01:33:11.800]  Anyway, I have, I am at a very big loss to try to figure out where this tape come from.
[01:33:11.800 --> 01:33:16.800]  I know where it came from. I told the police about it and he told me at the time of the incident about it.
[01:33:16.800 --> 01:33:20.800]  And he said that he had watched it. And he said that there was no scene.
[01:33:20.800 --> 01:33:24.800]  Which means that he knew that there was no reason to give me this ticket.
[01:33:24.800 --> 01:33:30.800]  Because speech, although cussing, is not protected speech. I know that.
[01:33:30.800 --> 01:33:44.800]  Cussing specifically is considered a breach of the peace, but it's specifically criminal.
[01:33:44.800 --> 01:33:46.800]  It is.
[01:33:46.800 --> 01:33:48.800]  Yeah.
[01:33:48.800 --> 01:33:52.800]  Actual action in order to make words criminal.
[01:33:52.800 --> 01:33:54.800]  Nope. Nope. Cussing is specific.
[01:33:54.800 --> 01:33:56.800]  Oh, wow.
[01:33:56.800 --> 01:33:58.800]  Really? Okay, cool.
[01:33:58.800 --> 01:34:06.800]  Yeah. Okay. You're talking about the interfere with public servant. You cannot interfere with a public servant.
[01:34:06.800 --> 01:34:08.800]  Firmly.
[01:34:08.800 --> 01:34:18.800]  That's the one you have to interfere physically. But cussing specifically is considered a breach of the peace.
[01:34:18.800 --> 01:34:20.800]  The policeman cusses, that's a breach of the peace.
[01:34:20.800 --> 01:34:24.800]  Okay.
[01:34:24.800 --> 01:34:28.800]  Okay, but does he have, did he accuse you of cussing?
[01:34:28.800 --> 01:34:32.800]  Not the police officer. The police officer, somebody else.
[01:34:32.800 --> 01:34:36.800]  See, that's where I was going with the tape is there's no audio in the tape.
[01:34:36.800 --> 01:34:40.800]  Okay, now hold on, hold on. Let's go to some specifics.
[01:34:40.800 --> 01:34:42.800]  The officer did not hear you cussing.
[01:34:42.800 --> 01:34:46.800]  Oh, no. I never cussed in front of the officer.
[01:34:46.800 --> 01:34:54.800]  Did the, did, okay, did the person who accused you of cussing swore to complain?
[01:34:54.800 --> 01:35:00.800]  If he did, I have not seen it.
[01:35:00.800 --> 01:35:04.800]  Did the person fill out an affidavit?
[01:35:04.800 --> 01:35:08.800]  If he did, I have not seen it.
[01:35:08.800 --> 01:35:12.800]  Is the person listed as a witness?
[01:35:12.800 --> 01:35:14.800]  No.
[01:35:14.800 --> 01:35:18.800]  Then move to dismiss for lack of evidence.
[01:35:18.800 --> 01:35:20.800]  Exactly.
[01:35:20.800 --> 01:35:32.800]  Tell your lawyer move to dismiss for lack of evidence or I will grieve you out of business.
[01:35:32.800 --> 01:35:34.800]  I told him today.
[01:35:34.800 --> 01:35:40.800]  He said, well, I'm going to him and tell him that you said no, that you're not going to go through anger management because you didn't do anything wrong.
[01:35:40.800 --> 01:35:54.800]  I said, no, you also tell them that if this isn't resolved by the end of business today, that I'm going to be talking to the Texas Attorney General's office about this case.
[01:35:54.800 --> 01:35:56.800]  Okay, they won't be impressed about that.
[01:35:56.800 --> 01:36:02.800]  And I suggest you never, ever give anybody fair warning.
[01:36:02.800 --> 01:36:04.800]  Okay.
[01:36:04.800 --> 01:36:06.800]  In law, that's a bad strategy.
[01:36:06.800 --> 01:36:10.800]  Talk to the Attorney General about it.
[01:36:10.800 --> 01:36:18.800]  And what'll happen is you call down the Attorney General just rant and rave and rail against these guys.
[01:36:18.800 --> 01:36:24.800]  The Attorney General will call to prosecute and say, I got this guy down here trying to get me to arrest you.
[01:36:24.800 --> 01:36:42.800]  And my suggestion is, if you accuse the prosecuting attorney of malicious prosecution of prosecuting when he knows there is no evidence to support the prosecution in violation of 2.01 Texas Code of Criminal Procedure.
[01:36:42.800 --> 01:36:44.800]  Are you in Texas?
[01:36:44.800 --> 01:36:46.800]  Yes, Texas Code of Criminal Procedure.
[01:36:46.800 --> 01:37:00.800]  2.01 says it shall be the primary duty of the prosecuting attorney not to secure conviction, but to ensure that justice is served.
[01:37:00.800 --> 01:37:16.800]  Accused him of violating 2.01 Texas Code of Criminal Procedure and thereby denying you full free access to enjoy your right to be free from malicious prosecution.
[01:37:16.800 --> 01:37:24.800]  Accused him of violating 39.03 penal code, official oppression, and asked the prosecuting attorney general to arrest him.
[01:37:24.800 --> 01:37:30.800]  The Attorney General is going to say is we don't have jurisdiction.
[01:37:30.800 --> 01:37:35.800]  Liar, liar, pants on fire.
[01:37:35.800 --> 01:37:54.800]  29.015 Texas Penal Code specifically gives the Attorney General concurrent jurisdiction with the district attorney in the matter of a criminal complaint against a public official.
[01:37:54.800 --> 01:38:03.800]  And since the public official complained against is the prosecuting attorney, the prosecuting attorney is disqualified.
[01:38:03.800 --> 01:38:16.800]  In this case, it would not be appropriate to appoint an attorney pro temp as there isn't another attorney with original jurisdiction, and that is the Attorney General.
[01:38:16.800 --> 01:38:21.800]  They've never used that jurisdiction, but it's time they did.
[01:38:21.800 --> 01:38:28.800]  Or you file criminal charges against them for official oppression.
[01:38:28.800 --> 01:38:31.800]  This is about politics.
[01:38:31.800 --> 01:38:34.800]  It's not about law.
[01:38:34.800 --> 01:38:44.800]  You will not win your case because you have the law and the facts on your side to think so is naive.
[01:38:44.800 --> 01:38:47.800]  It is not that way now.
[01:38:47.800 --> 01:38:54.800]  It never has been that way since this country was established.
[01:38:54.800 --> 01:38:56.800]  The courts are corrupt.
[01:38:56.800 --> 01:38:59.800]  They always have been.
[01:38:59.800 --> 01:39:01.800]  They go back through history.
[01:39:01.800 --> 01:39:03.800]  Go back to Jesus.
[01:39:03.800 --> 01:39:08.800]  He went around preaching all this heretical stuff.
[01:39:08.800 --> 01:39:11.800]  And the Jews didn't care.
[01:39:11.800 --> 01:39:15.800]  The Jews did not get PO'd at Jesus until he kicked over the tables.
[01:39:15.800 --> 01:39:17.800]  The money changers.
[01:39:17.800 --> 01:39:18.800]  It's all political.
[01:39:18.800 --> 01:39:21.800]  It's all about the money.
[01:39:21.800 --> 01:39:23.800]  It's always that way.
[01:39:23.800 --> 01:39:27.800]  So let's make a little politics.
[01:39:27.800 --> 01:39:32.800]  You are not going to get the prosecuting attorney to be afraid of you.
[01:39:32.800 --> 01:39:43.800]  What you're going to get the prosecuting attorney to do is be afraid that you will provide cannon fodder for one of his political enemies.
[01:39:43.800 --> 01:39:46.800]  That's where we have power.
[01:39:46.800 --> 01:39:56.800]  And when you start filing with the Attorney General and the Attorney General refuses to perform his duty.
[01:39:56.800 --> 01:39:58.800]  And you got a pen?
[01:39:58.800 --> 01:40:01.800]  Write this down.
[01:40:01.800 --> 01:40:07.800]  2.03 code of criminal procedure.
[01:40:07.800 --> 01:40:16.800]  When a prosecuting attorney is made known and I'm paraphrasing here in any manner that a public official has violated the law relating to his office.
[01:40:16.800 --> 01:40:20.800]  He shall reduce the complaint to an information submitted to the grand jury.
[01:40:20.800 --> 01:40:24.800]  He used to say 4th whip but took that out.
[01:40:24.800 --> 01:40:34.800]  So when you go to the Attorney General, I suggest you take two criminal complaints with you.
[01:40:34.800 --> 01:40:41.800]  One you feel you can go to my website jurismprudence.com.
[01:40:41.800 --> 01:40:45.800]  That's J-U-R-I-S imprudence.
[01:40:45.800 --> 01:40:50.800]  I-M-P-R-U-D-E-N-C-E.com.
[01:40:50.800 --> 01:41:00.800]  Go there, topfrog on the left, documents and research, blanks, pull down a blank criminal complaint.
[01:41:00.800 --> 01:41:02.800]  Fill it out.
[01:41:02.800 --> 01:41:04.800]  Take it to a magistrate.
[01:41:04.800 --> 01:41:10.800]  Sign it in front, I'm not a magistrate, to a notary, sign it in front of a notary.
[01:41:10.800 --> 01:41:16.800]  Take another one, fill it out, don't sign it.
[01:41:16.800 --> 01:41:19.800]  And then you go down to the Attorney General's office.
[01:41:19.800 --> 01:41:26.800]  And what they tend to want to do is send out some investigator.
[01:41:26.800 --> 01:41:33.800]  If somebody comes out to talk to you and he has a pistol, first thing you ask him are you a lawyer?
[01:41:33.800 --> 01:41:36.800]  And he's going to say no, I'm not.
[01:41:36.800 --> 01:41:40.800]  Next thing you ask him are you a certified police officer?
[01:41:40.800 --> 01:41:45.800]  He's going to tell you he's an investigator and he's going to say yes, I am.
[01:41:45.800 --> 01:41:46.800]  Good.
[01:41:46.800 --> 01:41:49.800]  You're given the one that's not signed.
[01:41:49.800 --> 01:41:51.800]  I need you to verify this for me.
[01:41:51.800 --> 01:41:52.800]  I'll sign it in front of you.
[01:41:52.800 --> 01:41:59.800]  I want you to verify this for me in your capacity as a peace officer in the state of Texas.
[01:41:59.800 --> 01:42:01.800]  He's going to say, say what?
[01:42:01.800 --> 01:42:02.800]  I can't do that.
[01:42:02.800 --> 01:42:03.800]  Sure can.
[01:42:03.800 --> 01:42:06.800]  Here, just get you being out and just sign it right here.
[01:42:06.800 --> 01:42:09.800]  Well, they always get real excited.
[01:42:09.800 --> 01:42:12.800]  So he's going to say, well, I really need to talk to my boss.
[01:42:12.800 --> 01:42:19.800]  And then you say, well, here, okay, give this to him and you give him the one that is verified.
[01:42:19.800 --> 01:42:27.800]  You see, the reason they send out the investigator is he's not a prosecutor.
[01:42:27.800 --> 01:42:34.800]  So when he's made known that a public official has violated a law relating to his office,
[01:42:34.800 --> 01:42:39.800]  he has no duty to reduce claimant information submitted to the grand jury.
[01:42:39.800 --> 01:42:41.800]  It's a dodge.
[01:42:41.800 --> 01:42:46.800]  But when you ask him to verify your criminal affidavit, he's going to get excited,
[01:42:46.800 --> 01:42:49.800]  not want any part of it, need to talk to his boss.
[01:42:49.800 --> 01:42:56.800]  So you give him the one that's verified and he's going to take that back to his boss.
[01:42:56.800 --> 01:42:59.800]  Gotcha.
[01:42:59.800 --> 01:43:04.800]  Once he looked at it, looks at it, his duty is in vote.
[01:43:04.800 --> 01:43:06.800]  We do the same thing with magistrates.
[01:43:06.800 --> 01:43:09.800]  We'll probably talk about that another time.
[01:43:09.800 --> 01:43:15.800]  But I do suggest that you go to juristimprovements.com.
[01:43:15.800 --> 01:43:21.800]  And top frog on the left is the habeas corpus document.
[01:43:21.800 --> 01:43:23.800]  Read that.
[01:43:23.800 --> 01:43:26.800]  That'll tell you all the stuff they're supposed to be doing.
[01:43:26.800 --> 01:43:29.800]  Give you a good idea about due process.
[01:43:29.800 --> 01:43:35.800]  And then call us back and we'll talk about what you can do to the prosecutor and to the lawyer on the other side.
[01:43:35.800 --> 01:43:39.800]  This is Randy Kelton, David Stevens, Eddie Craig with our radio.
[01:43:39.800 --> 01:43:44.800]  Call in number 512-646-1984.
[01:43:44.800 --> 01:43:46.800]  Give us a call, get in line.
[01:43:46.800 --> 01:43:48.800]  We'll be right back.
[01:43:59.800 --> 01:44:02.800]  It is so enlightening to listen to 90.1 FM,
[01:44:02.800 --> 01:44:05.800]  but finding things on the Internet isn't so easy.
[01:44:05.800 --> 01:44:08.800]  And neither is finding like-minded people to share it with.
[01:44:08.800 --> 01:44:11.800]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:44:11.800 --> 01:44:13.800]  Brave New Books?
[01:44:13.800 --> 01:44:19.800]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[01:44:19.800 --> 01:44:23.800]  They even stock inner food, Burkey products, and Calvin Soap.
[01:44:23.800 --> 01:44:26.800]  There's no way a place like that exists.
[01:44:26.800 --> 01:44:27.800]  Go check it out for yourself.
[01:44:27.800 --> 01:44:31.800]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:31.800 --> 01:44:35.800]  Oh, by UT? There's never anywhere to park down there.
[01:44:35.800 --> 01:44:42.800]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:42.800 --> 01:44:46.800]  It does exist, but when are they open?
[01:44:46.800 --> 01:44:51.800]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[01:44:51.800 --> 01:44:58.800]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:44:58.800 --> 01:45:03.800]  Are you the plaintiff or defendant in a lawsuit?
[01:45:03.800 --> 01:45:14.800]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand four-CD course that will show you how in 24 hours, step-by-step.
[01:45:14.800 --> 01:45:18.800]  If you have a lawyer, know what your lawyer should be doing.
[01:45:18.800 --> 01:45:22.800]  If you don't have a lawyer, know what you should do for yourself.
[01:45:22.800 --> 01:45:27.800]  Thousands have won with our step-by-step course, and now you can, too.
[01:45:27.800 --> 01:45:33.800]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:33.800 --> 01:45:42.800]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:42.800 --> 01:45:51.800]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosay tactics, and much more.
[01:45:51.800 --> 01:46:00.800]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[01:46:00.800 --> 01:46:15.800]  Okay, we are back.
[01:46:15.800 --> 01:46:23.800]  And we're talking to Shorty in Texas.
[01:46:23.800 --> 01:46:25.800]  Shorty, we really need to move along.
[01:46:25.800 --> 01:46:28.800]  We've got a big stack of callers today.
[01:46:28.800 --> 01:46:31.800]  Oh, I'm sorry. I thought I had hung up.
[01:46:31.800 --> 01:46:32.800]  Pardon me?
[01:46:32.800 --> 01:46:35.800]  I'm sorry. I thought I had hung up, sir.
[01:46:35.800 --> 01:46:38.800]  Oh, no, no, no. Go ahead and hung up.
[01:46:38.800 --> 01:46:40.800]  Do you have anything else?
[01:46:40.800 --> 01:46:42.800]  Oh, no, no, no. That's it.
[01:46:42.800 --> 01:46:44.800]  Okay, look into that.
[01:46:44.800 --> 01:46:48.800]  Go read that due process document.
[01:46:48.800 --> 01:46:57.800]  And then call us back the next Thursday or Friday, and we'll get into more detail of what you can do to kick these guys' behinds.
[01:46:57.800 --> 01:46:59.800]  Thank you, my brother.
[01:46:59.800 --> 01:47:03.800]  Yeah, you will be surprised how much fun it is.
[01:47:03.800 --> 01:47:05.800]  Okay, thank you, Shorty.
[01:47:05.800 --> 01:47:10.800]  We're going to go to Mike in Montana.
[01:47:10.800 --> 01:47:13.800]  Hello, Mike. What do you have for us today?
[01:47:13.800 --> 01:47:25.800]  Oh, well, I've got an issue with finding out that there's a judgment that's been ordered against me.
[01:47:25.800 --> 01:47:27.800]  Anyway, so...
[01:47:27.800 --> 01:47:31.800]  Okay, hold on, hold on. You found out there was a judgment?
[01:47:31.800 --> 01:47:32.800]  Yeah.
[01:47:32.800 --> 01:47:36.800]  How was the judgment secured?
[01:47:36.800 --> 01:47:45.800]  Well, that the person served that was supposed to be me was not me.
[01:47:45.800 --> 01:47:50.800]  They even came to the court and said, this is not me.
[01:47:50.800 --> 01:47:53.800]  I don't know this person.
[01:47:53.800 --> 01:48:00.800]  And the courts have that in the record, but then the judge still ordered a judgment against me.
[01:48:00.800 --> 01:48:05.800]  You need to file criminal charges against the judge just for yucks.
[01:48:05.800 --> 01:48:15.800]  Well, I figured at least that much. I've been listening to your show for years and should have been a long time ago.
[01:48:15.800 --> 01:48:21.800]  Okay, the judge has a duty to apply the law to the facts.
[01:48:21.800 --> 01:48:29.800]  He failed to do so and in the process denied you in your right to a fair and honest juiced in the first instance.
[01:48:29.800 --> 01:48:34.800]  So go for his throat. Is he a county or district judge?
[01:48:34.800 --> 01:48:42.800]  Well, this is in the... I'm in Montana, but this is in Utah and they have justice court, which...
[01:48:42.800 --> 01:48:47.800]  It's a justice court? This is a nonlawyer, most likely, then.
[01:48:47.800 --> 01:48:50.800]  Yeah, they don't have to be.
[01:48:50.800 --> 01:48:53.800]  Okay, it's all about politics.
[01:48:53.800 --> 01:49:01.800]  And let me tell you a little politics concerning judicial conducts commissions.
[01:49:01.800 --> 01:49:08.800]  They never go after learning counsel judges.
[01:49:08.800 --> 01:49:14.800]  If this is a justice court, then it's considered an inferior court.
[01:49:14.800 --> 01:49:19.800]  Inferior courts are courts that can be manned by nonlawyers.
[01:49:19.800 --> 01:49:23.800]  Now, they could be lawyers, but they don't have to be.
[01:49:23.800 --> 01:49:28.800]  That's still the justice of the peace court and a municipal court.
[01:49:28.800 --> 01:49:29.800]  Okay.
[01:49:29.800 --> 01:49:35.800]  The judicial conduct commissions only go after those guys.
[01:49:35.800 --> 01:49:39.800]  They use them for cannon fodder and never go after the elected judges.
[01:49:39.800 --> 01:49:49.800]  The only time in not going through Texas, the only time sanctions has ever been instituted against a elected, learned counsel judge,
[01:49:49.800 --> 01:50:00.800]  that being county judge, district judge, court of appeals judges, is when they were indicted on a felony.
[01:50:00.800 --> 01:50:04.800]  The only time ever.
[01:50:04.800 --> 01:50:13.800]  They do not go after these judges, they only go after municipal judges and JP judges to make it look like they're doing something.
[01:50:13.800 --> 01:50:19.800]  So the municipal courts are terrified of the judicial conduct commission.
[01:50:19.800 --> 01:50:23.800]  So go for this judge.
[01:50:23.800 --> 01:50:28.800]  Move to disqualify the judge for incompetence.
[01:50:28.800 --> 01:50:38.800]  I just did that to a federal judge and accused him of being incompetent either by medical infirmity or by gross bias.
[01:50:38.800 --> 01:50:43.800]  Oh, that was so much fun.
[01:50:43.800 --> 01:50:54.800]  So when, as I'm doing this, you know, finding out this happened on November 16, you know, I spoke to my attorney,
[01:50:54.800 --> 01:51:04.800]  he was also, you know, my friend and golfing buddy, and I don't want to get him involved in anything that might ruin his reputation.
[01:51:04.800 --> 01:51:14.800]  If he's representing you at all, it's giving plausible deniability.
[01:51:14.800 --> 01:51:19.800]  Bar grieve everybody else but him.
[01:51:19.800 --> 01:51:25.800]  He's going to tell him I'm next. Help me out, judge.
[01:51:25.800 --> 01:51:32.800]  This guy's going to play by their rules. I would have to file an appeal within 30 days.
[01:51:32.800 --> 01:51:37.800]  Oh, no. Okay, do that. Do that.
[01:51:37.800 --> 01:51:41.800]  Just slow down the process and then you go after the judge.
[01:51:41.800 --> 01:51:50.800]  Yeah, you go after the judge anyway. You file an appeal, get this the county court and almost certainly the county courts going to throw it out.
[01:51:50.800 --> 01:51:59.800]  Then if you don't, then you just go to the district court and you go to your whatever your court of appeals is.
[01:51:59.800 --> 01:52:15.800]  If it's like Texas, you'll go to the county court with your appeal and then you'll go to the court of appeals and then you'll go to the state supreme and then you'll go to the federal supreme and you just dance these guys around for a long time.
[01:52:15.800 --> 01:52:20.800]  Cost them a whole lot more than 10,000 in the process.
[01:52:20.800 --> 01:52:27.800]  You can. Oh, who is the prosecutor in this case because that was pretty shady in and of itself.
[01:52:27.800 --> 01:52:31.800]  Wait a minute. Who's the prosecutor in this case?
[01:52:31.800 --> 01:52:35.800]  Well, it's a small claims.
[01:52:35.800 --> 01:52:39.800]  Oh, there's no no lawyer on the other side.
[01:52:39.800 --> 01:52:44.800]  Well, I don't know if he has somebody representing him or not. He's a bail bondsman.
[01:52:44.800 --> 01:52:50.800]  Then file against the bail bondsman can't cross complained against the bail bondsman.
[01:52:50.800 --> 01:52:59.800]  The question is that he, you know, it was my mistake in the first place for bailing out an ex-girlfriend on $1,000 bail.
[01:52:59.800 --> 01:53:11.800]  I paid him $100. She disappeared to California and he starts harassing me and I said, well, you know, by all means, I had, you know, I had no intention of her disappearing.
[01:53:11.800 --> 01:53:18.800]  But yeah, I'll gladly give you the $1,000 that, you know, you're up to lose.
[01:53:18.800 --> 01:53:26.800]  No, no, no, I don't want that. I want her. And so he says that he, you know, through this process is run up $10,000.
[01:53:26.800 --> 01:53:30.800]  Okay. Okay. First thing you're asking for is a complete accounting.
[01:53:30.800 --> 01:53:32.800]  Okay.
[01:53:32.800 --> 01:53:39.800]  If he fails to produce complete accounting, you counter sue for three times the amount.
[01:53:39.800 --> 01:53:42.800]  Okay.
[01:53:42.800 --> 01:53:52.800]  So you have the problem is they got an adjudication without you having noticed. I suggest you sue the judge.
[01:53:52.800 --> 01:53:54.800]  Okay.
[01:53:54.800 --> 01:54:00.800]  They're going to say you can't sue the judge. Absolutely you can because you did not receive notice.
[01:54:00.800 --> 01:54:10.800]  Therefore, the judge never secured subject matter jurisdiction and therefore has no immunity.
[01:54:10.800 --> 01:54:12.800]  Okay.
[01:54:12.800 --> 01:54:15.800]  That'll jerk a knot in his shorts.
[01:54:15.800 --> 01:54:25.800]  Well, that's not something they'd be very, they wouldn't be expecting it. This particular justice court's known for really hurting people.
[01:54:25.800 --> 01:54:31.800]  Good to go after him. You're not even in their state. There's not anything they can do to you.
[01:54:31.800 --> 01:54:34.800]  Well, I own a house in Utah.
[01:54:34.800 --> 01:54:41.800]  You know what? They get a judgment against the house. They can't liquidate. Are you going to sell the house anytime soon?
[01:54:41.800 --> 01:54:44.800]  The housing market dropped. I owe more money than it's worth.
[01:54:44.800 --> 01:54:49.800]  Good. Let them get all the judgments they want against the house.
[01:54:49.800 --> 01:54:52.800]  They can't collect.
[01:54:52.800 --> 01:54:57.800]  And if they try to get a debt collector to collect, they screw everything up.
[01:54:57.800 --> 01:55:03.800]  Then we'll send you to Michael Mearris and he'll show you how to sue the debt collector for a lot more than $10,000.
[01:55:03.800 --> 01:55:09.800]  Yeah, I've been meaning to look into his little system I've heard on your show.
[01:55:09.800 --> 01:55:16.800]  So I would suggest, you know, if these guys want to fight, they want to play dirty, we can do the same thing.
[01:55:16.800 --> 01:55:25.800]  They sue you for $10,000. You accuse him of adding false charges and counter-sue for $30,000.
[01:55:25.800 --> 01:55:32.800]  That would bump it out of the justice court anyway and up into a higher court.
[01:55:32.800 --> 01:55:34.800]  Okay.
[01:55:34.800 --> 01:55:38.800]  But first you got this issue of no notice.
[01:55:38.800 --> 01:55:42.800]  And did you go to Utah to bail her out?
[01:55:42.800 --> 01:55:45.800]  That's when I lived there.
[01:55:45.800 --> 01:55:47.800]  Oh, okay.
[01:55:47.800 --> 01:55:54.800]  Okay, I was going to say that since you're not in Utah, it could get into federal, but since you were there at the time, then it won't.
[01:55:54.800 --> 01:55:56.800]  Yeah.
[01:55:56.800 --> 01:56:01.800]  Okay, that's what I suggest. They want to fight, give them one.
[01:56:01.800 --> 01:56:06.800]  All right, well, I appreciate it and I might need to ask you some more questions here in the future.
[01:56:06.800 --> 01:56:16.800]  Okay, we will be here. Okay, thank you, Mike. We're going to go to Tony in Virginia.
[01:56:16.800 --> 01:56:22.800]  Okay, Tony, here you have a question close to my heart.
[01:56:22.800 --> 01:56:36.800]  Well, I work for a small engineering company up there in Virginia and one of our contractors, I don't know these people, but he's getting divorced and his wife is really mad.
[01:56:36.800 --> 01:56:43.800]  Oh, hold on. Hold on. You're coming across real muffled. Can you move your mouth a little away from the microphone?
[01:56:43.800 --> 01:56:45.800]  Oh, okay. Yeah. How's that?
[01:56:45.800 --> 01:56:47.800]  That's better.
[01:56:47.800 --> 01:57:00.800]  So, his wife's attorney has sent our company three subpoenas for all the financial records associated with this contractor.
[01:57:00.800 --> 01:57:03.800]  I guess they want to get more money out of him.
[01:57:03.800 --> 01:57:09.800]  So, president of the company, he complied with these subpoenas and sent the document.
[01:57:09.800 --> 01:57:13.800]  Oh, wait a minute. Wait a minute. Are you one of the litigants?
[01:57:13.800 --> 01:57:16.800]  No, I'm just a regular Joe in the office.
[01:57:16.800 --> 01:57:21.800]  Did the company bill them for the cost of producing the discovery?
[01:57:21.800 --> 01:57:30.800]  No, this is the thing. There was no discovery. This is an out of state subpoena from Maryland to Virginia.
[01:57:30.800 --> 01:57:33.800]  So, this is misconduct.
[01:57:33.800 --> 01:57:40.800]  Oh, that is interesting. That is a good question.
[01:57:40.800 --> 01:57:53.800]  Does a judge in Maryland have, does the long arm of the authority of the judge in Maryland reach to Virginia?
[01:57:53.800 --> 01:57:56.800]  It wasn't a judge. It was a court of the court.
[01:57:56.800 --> 01:58:02.800]  Well, okay. If it's just a request for discovery, you can ignore it.
[01:58:02.800 --> 01:58:16.800]  And if you ignore discovery, then he has to go to the court and ask the court to order discovery, but the court's not going to order discovery out of Virginia, because he don't have authority in Virginia.
[01:58:16.800 --> 01:58:22.800]  Hang on. We'll pick this back up on the other side. We're going to our top of the hour break.
[01:58:22.800 --> 01:58:28.800]  And Rob, Mike, Beverly, I see you there. We will pick you up. We come back on the other side.
[01:58:28.800 --> 01:58:32.800]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[01:58:32.800 --> 01:58:39.800]  A call in number 512-646-1984. We'll be right back on the other side.
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