ROL_2014-06-13_16k_Hr3-4.timecode
[00:00.000 --> 00:07.360] This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.360 --> 00:08.360] at thelibertybeat.com.
[00:08.360 --> 00:13.080] I'm Brian Hagan, with your Liberty Beat for Thursday, June 12, 2014.
[00:13.080 --> 00:21.200] Gold opened today at $1,264, silver opened at $19.27, and Bitcoin is trading at $6.2641.
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[00:42.720 --> 00:47.080] In the news, supporters, neighbors, and family members gathered at a memorial honoring the
[00:47.080 --> 00:52.860] 27-year-old Florida MMA fighter who was executed by the FBI last year for his alleged connection
[00:52.860 --> 00:56.280] to Boston bomber suspect Tamerlane Sarnia.
[00:56.280 --> 01:01.840] Ibrahim Todashev was shot seven times in his Orlando condo during a final round of interrogation
[01:01.840 --> 01:07.040] by FBI officials, all of whom have been cleared of any wrongdoing in the killing.
[01:07.040 --> 01:10.480] Investigative reporter Julie Wilson attended the memorial and spoke to nearby residents
[01:10.480 --> 01:13.880] who doubt the FBI's narrative of what happened that late summer night.
[01:13.880 --> 01:17.480] When I heard about the investigations, I said, this is a sham.
[01:17.480 --> 01:22.040] OPD don't want to get involved, and I always thought the FBI was straight up.
[01:22.040 --> 01:26.600] When I heard that he unloaded seven shots on this guy, it could have been a personal
[01:26.600 --> 01:27.600] thing.
[01:27.600 --> 01:28.600] They don't even release the guy's name.
[01:28.600 --> 01:32.640] Usually they got the cop's name or the agent's name, no names.
[01:32.640 --> 01:37.800] For the complete story, go to TheLibertyMeet.com.
[01:37.800 --> 01:41.240] On Tuesday, the Supreme Court ruled that police officers may enter and search a home without
[01:41.240 --> 01:44.840] a warrant, as long as one occupant gives consent.
[01:44.840 --> 01:49.080] Ruling six to three, the court gives law enforcement greater authority to search homes, even when
[01:49.080 --> 01:51.360] an occupant has previously denied entering.
[01:51.360 --> 01:55.760] Justice Samuel Alito Jr. said police officers do not need to wait for magistrate approval
[01:55.760 --> 01:57.480] before entering a home.
[01:57.480 --> 02:01.480] The dissenting judges warned the ruling would erode Fourth Amendment protections from warrantless
[02:01.480 --> 02:05.000] home searches.
[02:05.000 --> 02:10.280] Google acquired Skybox, a company that provides high-res photos and video using low-cost satellites
[02:10.280 --> 02:14.600] for $500 million, extending their reach far beyond the internet.
[02:14.600 --> 02:19.360] Skybox transforms mass quantities of unstructured data into revenue-generating insights, streaming
[02:19.360 --> 02:21.480] aerial imagery straight to Google.
[02:21.480 --> 02:25.480] The captured aerial imagery is beneficial for a variety of industries, including companies
[02:25.480 --> 02:29.880] tracking cars in parking lots to predict retail forecasts.
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[02:32.360 --> 02:36.400] All-natural teeth whitener, go to MyMagicMud.com to hear a short interview with Dr. Griffin
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[02:39.120 --> 02:43.600] And support comes from Brave New Books, now offering Pro Pure Water Filtration, the only
[02:43.600 --> 02:48.120] gravity-driven all-in-one fluoride removal system that also alkalizes the water.
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[02:52.880 --> 02:56.680] This is The Liberty Meet, for Thursday, June 12, 2014.
[02:56.680 --> 02:58.680] Check out the website at thelibertymeet.com.
[02:58.680 --> 03:26.080] Well, I received my remedy today, came in a box just like the saint, I accepted it for
[03:26.080 --> 03:32.240] free.
[03:56.080 --> 04:12.660] Okay, we are back, Randy Kelton, Debra Stevens, Debra Stevens, she's not here yet, she'll
[04:12.660 --> 04:19.300] be back soon, she's been out there at a spa getting chilled out.
[04:19.300 --> 04:24.220] This is Randy Kelton, Steve Skidmore.
[04:24.220 --> 04:33.440] My tang is getting tumbled, quit laughing at me Jeff.
[04:33.440 --> 04:40.380] When we were going out you said affidavit and I clicked up in my mind what I thought
[04:40.380 --> 04:46.600] I knew about affidavit but when we went on break I thought a little more about it and
[04:46.600 --> 04:55.780] realized that I really didn't get what you meant when you said that the person was never
[04:55.780 --> 04:57.780] properly identified.
[04:57.780 --> 05:08.640] Affirmative identified and it harkens back to your old saw about an agency can't be proven
[05:08.640 --> 05:13.860] out of the mouth, the agent can only be proven out of the mouth as a principle.
[05:13.860 --> 05:19.260] Who says he's a custodian of records, who says he can be qualified to testify, what
[05:19.260 --> 05:24.860] are his credentials, you know and keep in mind they do that with everybody who testifies
[05:24.860 --> 05:27.700] in a criminal case, don't they?
[05:27.700 --> 05:29.980] Yes they do.
[05:29.980 --> 05:35.380] Well where is the affirmative identification of the affiant in an affidavit?
[05:35.380 --> 05:42.580] In most of these that I see, especially those associated with the deed of trust, they say
[05:42.580 --> 05:49.720] I'm a lawyer with this certain law firm and I'm familiar with this documentation.
[05:49.720 --> 05:57.380] So that makes him an agent for a law firm and apparently the law firm is an agent for
[05:57.380 --> 05:58.380] some principle.
[05:58.380 --> 06:00.820] Yeah but who?
[06:00.820 --> 06:07.980] So that's an agent of an agent and in the affidavit it's not exactly clear who they're
[06:07.980 --> 06:15.780] actually an agent for and even if it was clear who they were an agent for, it still doesn't
[06:15.780 --> 06:22.980] establish how they have standing to deliver this testimony.
[06:22.980 --> 06:32.100] Well actually go back to another word that you're very familiar with, foundation.
[06:32.100 --> 06:35.900] Have they laid adequate or sufficient foundation?
[06:35.900 --> 06:42.260] From what you have said and going on nothing else but what you have just said, they haven't.
[06:42.260 --> 06:51.340] Exactly because they generally say I have knowledge of their practices and procedures
[06:51.340 --> 06:57.460] and based on those practices and procedures I believe all of this to be true.
[06:57.460 --> 06:58.460] What is that garbage?
[06:58.460 --> 07:03.100] Wait a minute, wait a minute, is this a third party attorney?
[07:03.100 --> 07:04.100] Yes.
[07:04.100 --> 07:05.540] An in-house attorney.
[07:05.540 --> 07:13.780] This is a Julian attorney working for a law firm and the law firm is supposedly representing
[07:13.780 --> 07:19.900] a bank and the bank is seldom the bank that actually claims to have held the property.
[07:19.900 --> 07:22.060] There's so many separations here.
[07:22.060 --> 07:24.540] It's incompetent.
[07:24.540 --> 07:27.540] That's criminal, that's what I called it.
[07:27.540 --> 07:32.020] Well I didn't, I don't necessarily want to go there but yeah.
[07:32.020 --> 07:38.820] I didn't, okay what we did was we followed a motion to strike the affidavit.
[07:38.820 --> 07:42.820] Well wait a minute, stop for just a moment.
[07:42.820 --> 07:46.260] He's familiar with what please?
[07:46.260 --> 07:53.380] Wait, oh figure he's familiar with the practices of this law firm.
[07:53.380 --> 07:57.220] So where is their manual on practices that he's attesting to?
[07:57.220 --> 08:07.580] That's a good question and the affidavit themselves says that he's familiar with their practices
[08:07.580 --> 08:14.140] and because he's familiar with their practices he believes that all of this is true.
[08:14.140 --> 08:15.140] That is not an affidavit.
[08:15.140 --> 08:22.380] I'm not familiar with Ferraris, you know the pictures of them and I have seen all kinds
[08:22.380 --> 08:26.820] of articles on them but does that give me first hand knowledge of a Ferrari?
[08:26.820 --> 08:29.700] Exactly.
[08:29.700 --> 08:36.900] That was exactly my issue and this person was a lawyer so it cannot be construed that
[08:36.900 --> 08:44.380] learning counsel was somehow ignorant of what it takes to make an affidavit, something titled
[08:44.380 --> 08:49.380] an affidavit actually an affidavit.
[08:49.380 --> 08:53.860] So I call this securing and executing a document by deception.
[08:53.860 --> 08:58.940] Well, then that's a crime.
[08:58.940 --> 09:03.380] I'll call it for what it is, it's incompetent.
[09:03.380 --> 09:07.220] Oh no, that's a presumption.
[09:07.220 --> 09:17.220] You're presuming that they didn't do that with culpable mens rea, mental intent and
[09:17.220 --> 09:22.940] I'm saying this guy's learning counsel or this woman's learning counsel and it must
[09:22.940 --> 09:27.100] be construed they knew exactly what they were doing.
[09:27.100 --> 09:28.100] Okay.
[09:28.100 --> 09:37.540] They did it on purpose in order to get this document which contained statements that were
[09:37.540 --> 09:44.300] insufficient and untrue and they intended that the statements on this document be taken
[09:44.300 --> 09:52.380] as true knowing that they weren't, swore to them under oath, aggravated perjury, filed
[09:52.380 --> 10:00.460] the document in the public record, tampered with the government document and they created
[10:00.460 --> 10:06.740] this document for that purpose in order to deceive anyone seeing the document into thinking
[10:06.740 --> 10:10.180] it was valid, securing and executing a document by deception.
[10:10.180 --> 10:14.740] They committed all of these criminal acts in order to present this document to the court
[10:14.740 --> 10:21.340] and therefore this court cannot see this document if it's not properly filed.
[10:21.340 --> 10:25.420] We didn't actually file the criminal charges against them.
[10:25.420 --> 10:32.940] We listed the criminal acts and used that to support the claim that this is invalid.
[10:32.940 --> 10:38.140] Now we've got the person who actually did that.
[10:38.140 --> 10:40.480] Now do you want to fight this Bubba?
[10:40.480 --> 10:44.420] We will introduce you to the deep end of the pool.
[10:44.420 --> 10:48.660] Or as Jesse would say, how do you want to handle this?
[10:48.660 --> 10:50.500] That was why we did it that way.
[10:50.500 --> 10:53.540] We didn't actually charge them but we made the allegation.
[10:53.540 --> 11:02.860] Now if the judge wants to pick it up as a magistrate, knock yourself out.
[11:02.860 --> 11:07.300] We wanted it as a bargaining tool.
[11:07.300 --> 11:08.300] Yeah.
[11:08.300 --> 11:14.140] There's one other thing too that I wanted to sort of handle with you as well and I haven't
[11:14.140 --> 11:21.020] heard you say it in a while but I want to make sure that it's clear to you and to your
[11:21.020 --> 11:32.180] audience and that is to take the word fraud, drop it in the gurgler and flush it.
[11:32.180 --> 11:35.180] Too hard to prove.
[11:35.180 --> 11:45.460] You, in the place of that, come from false and misleading because those two you can prove.
[11:45.460 --> 11:57.660] Okay, if we take fraud out as a cause of action, what do we replace the cause of action with?
[11:57.660 --> 11:59.860] False and misleading.
[11:59.860 --> 12:03.900] But is false and misleading not a cause of action?
[12:03.900 --> 12:05.300] What is?
[12:05.300 --> 12:09.660] Yeah, but you don't necessarily want to go for it.
[12:09.660 --> 12:14.100] We should be able, what I'm thinking is we should be able to move that to another cause
[12:14.100 --> 12:15.100] of action.
[12:15.100 --> 12:18.340] I've got to where I don't like fraud because the courts...
[12:18.340 --> 12:21.540] To put that under another cause of action where I necessarily know what kind of a case
[12:21.540 --> 12:27.100] it is, what kind of laws are bringing to bear on it in order to be able to establish that.
[12:27.100 --> 12:34.300] If nothing else, if nothing else, it would go to 60B4.
[12:34.300 --> 12:35.300] 60B4.
[12:35.300 --> 12:36.300] Yeah.
[12:36.300 --> 12:40.300] Like I know what that is.
[12:40.300 --> 12:41.300] Oh, I'm sorry.
[12:41.300 --> 12:42.300] I thought you did.
[12:42.300 --> 12:45.300] Oh, you were stumping the chump.
[12:45.300 --> 12:50.500] And fraud on the court where you're presenting false and misleading information to the judge
[12:50.500 --> 12:58.740] for the purpose of misleading, of leading the judge to an unjust decision.
[12:58.740 --> 13:02.220] And they have to know that it's false and misleading, they don't have to intend for
[13:02.220 --> 13:09.740] it to be false and misleading, they don't have to intend to falsely mislead the judge.
[13:09.740 --> 13:13.540] All it has to be is false and misleading.
[13:13.540 --> 13:16.820] And the rest is presumed.
[13:16.820 --> 13:17.820] It's history.
[13:17.820 --> 13:23.540] I have to look at that, I don't like fraud, we always have a lot of trouble with fraud.
[13:23.540 --> 13:32.420] Yeah, well, you see, you have to prove intent, that is a bear.
[13:32.420 --> 13:35.620] It's easy to imply intent, harder to prove.
[13:35.620 --> 13:36.620] Okay, so...
[13:36.620 --> 13:38.380] And replace it with false and misleading.
[13:38.380 --> 13:40.620] False and misleading.
[13:40.620 --> 13:41.620] That works for me.
[13:41.620 --> 13:42.620] Yeah.
[13:42.620 --> 13:44.700] You need to call in more.
[13:44.700 --> 13:45.700] You can prove.
[13:45.700 --> 13:51.020] If it's false, it's false, if it's misleading, you can show how it's misleading.
[13:51.020 --> 13:57.900] Like the affidavit is misleading, as well as being false.
[13:57.900 --> 13:58.900] Yes.
[13:58.900 --> 14:06.220] And right now we're doing, we're going more for quiet title or trespass to try title
[14:06.220 --> 14:14.660] than anything else, because that's the first thing we want to do, if we can get the court
[14:14.660 --> 14:21.500] to say, yeah, this document was filed electronically.
[14:21.500 --> 14:26.340] So they have to go back and file it properly.
[14:26.340 --> 14:30.780] He's not ruling against the lender, he's not saying they don't have a claim.
[14:30.780 --> 14:36.980] And here he's not even saying that the deed of trust is invalid or they're mortgaged.
[14:36.980 --> 14:39.420] He's just saying, you didn't file this document right.
[14:39.420 --> 14:48.740] Are you familiar with that argument, Jeff, about 70 or 15 U.S. code 7001?
[14:48.740 --> 14:54.340] The e-filing statute, you really need to look at that.
[14:54.340 --> 15:03.620] That's the federal e-filing statute, 7003 is a specific exemption and it specifically
[15:03.620 --> 15:13.540] names security instrument, assignments, appointments, documents filed in the real property records
[15:13.540 --> 15:15.700] are forbidden to be e-filed.
[15:15.700 --> 15:16.700] Okay.
[15:16.700 --> 15:24.180] So here's something for you to ponder.
[15:24.180 --> 15:33.140] How can eMERGE assign a note or mortgage of a company that's defunct?
[15:33.140 --> 15:40.660] We talk about that and we say the company is a person under law.
[15:40.660 --> 15:44.220] The problem is the person died.
[15:44.220 --> 15:50.460] So how did the dead person direct the agent to act as agent for the dead guy?
[15:50.460 --> 15:57.660] Well, not only that, but how did the agency agreement continue after the death of the
[15:57.660 --> 15:58.660] principal?
[15:58.660 --> 15:59.660] Yeah, exactly.
[15:59.660 --> 16:02.660] That was the point.
[16:02.660 --> 16:07.420] The company died, the guy's dead, your client's dead.
[16:07.420 --> 16:10.260] The agency died with it.
[16:10.260 --> 16:11.260] Exactly.
[16:11.260 --> 16:18.060] Yeah, that's one of the first things I look for and now I'm looking to get, instead of
[16:18.060 --> 16:25.740] us searching out the company, getting a private investigator to give us a report saying this
[16:25.740 --> 16:32.020] company's dead and that's something official that we can go in as best evidence, as credible
[16:32.020 --> 16:33.020] evidence.
[16:33.020 --> 16:34.020] All right.
[16:34.020 --> 16:35.020] Thank you very much, Jeff.
[16:35.020 --> 16:36.020] Don't be such a stranger.
[16:36.020 --> 16:37.020] We need you to correct us on occasion.
[16:37.020 --> 16:38.020] Well, I don't know that I won't become any more strange.
[16:38.020 --> 16:39.020] Talk to you later.
[16:39.020 --> 16:40.020] Thank you, Jeff.
[16:40.020 --> 16:41.020] This is Randy Kelton, Steve Skidmore with our radio, our call-in number 512-646-1984.
[16:41.020 --> 16:42.020] We'll be right back.
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[18:59.980 --> 19:08.980] You are listening to the Logos Radio Network, l-l-l-LogosRadioNetwork.com.
[19:08.980 --> 19:18.700] Well, don't let nothing get to you, only the father can deliver you, don't let bad
[19:18.700 --> 19:31.580] people hurt you, and just sit and get behind, you know what I mean, my friend, and all of
[19:31.580 --> 19:32.580] your children.
[19:32.580 --> 19:33.580] Come on.
[19:33.580 --> 19:34.580] Those things that hurt me crazy, tell him your problem then, call on his name once again,
[19:34.580 --> 19:35.580] every day you know he will stay in.
[19:35.580 --> 19:36.580] Those things that hurt me crazy, tell him your problem then, call on his name once again,
[19:36.580 --> 19:52.660] every day you know he will stay in.
[19:52.660 --> 19:57.660] He is my king, man, he is everything, he is everything to me, that's why I call him,
[19:57.660 --> 20:07.660] I tap my knee and I pray to him, because he's the only one who could answer him, be in
[20:07.660 --> 20:16.660] a business what we keep man saying, man, can you know it is me, then, I tell him to trust
[20:16.660 --> 20:17.660] him that I'm crazy, tell him your problem then, call on his name once again, every day
[20:17.660 --> 20:18.660] you know he will stay in.
[20:18.660 --> 20:26.660] Okay, we are back, Randy Kelton, the Skidmore Wheelbarrow Radio, and we're going to Mark
[20:26.660 --> 20:27.660] in Wisconsin.
[20:27.660 --> 20:28.660] Hello, Mark.
[20:28.660 --> 20:33.660] Hello, Mr. Kelton, and how are you this evening?
[20:33.660 --> 20:37.660] I am wonderful, I don't care what everybody says.
[20:37.660 --> 20:40.660] Even if Mr. Skidmore says it?
[20:40.660 --> 20:43.660] Especially if Mr. Skidmore says it.
[20:43.660 --> 20:50.660] All right, got two questions, one will be rehashing some of the perjury issues, but
[20:50.660 --> 20:55.660] the first one is about findings of fact and conclusion of law.
[20:55.660 --> 21:04.660] Now, to bring everybody back up to speed, situation is a judge here in Wisconsin made
[21:04.660 --> 21:11.660] a decision in the case based on a sheet of paper that says where the person in question
[21:11.660 --> 21:14.660] said he wasn't the owner of a business.
[21:14.660 --> 21:20.660] Now, later, the person who didn't own the business filed some paperwork where he said
[21:20.660 --> 21:25.660] money was stolen and that's why the judge needed to reverse his decision.
[21:25.660 --> 21:30.660] Of course, money being stolen had nothing to do with the reason the judge made his decision,
[21:30.660 --> 21:39.660] so the judge dismissed his motion for, not appeal, but motion for reconsideration.
[21:39.660 --> 21:44.660] He just ruled it, you know, denied, never explained anything.
[21:44.660 --> 21:50.660] Well, I'm looking to get an explanation, but I'm not a plaintiff or a defendant,
[21:50.660 --> 21:56.660] so do I have a snowball's chance in any warm place of being able to get the judge to
[21:56.660 --> 22:02.660] issue a finding of facts and conclusion of law, notably because the person who said
[22:02.660 --> 22:07.660] the money was stolen, that stolen money, allegedly stolen money, was used to pay
[22:07.660 --> 22:11.660] for my settlement in a previous case.
[22:11.660 --> 22:16.660] That's why I care because ultimately I'm looking at a class I felony here for receiving
[22:16.660 --> 22:18.660] stolen money.
[22:18.660 --> 22:20.660] Hmm.
[22:20.660 --> 22:27.660] I'm trying to figure out how you would have standing as an intervener.
[22:27.660 --> 22:36.660] The closest we've got is it's in the appeals process and I have written up a couple of
[22:36.660 --> 22:44.660] amicus curie briefs and said, hey, by the way, appeals court, looky here, and this is
[22:44.660 --> 22:50.660] why I care appeals court, hoping that the appeals court goes ahead and looks into the
[22:50.660 --> 22:55.660] matter and makes some kind of ruling so that way there's something in the paperwork.
[22:55.660 --> 22:58.660] Well, you might look at Wisconsin law.
[22:58.660 --> 23:10.660] In Texas, we have under Chapter 52, the Code of Criminal Procedure.
[23:10.660 --> 23:13.660] Well, don't let nothing get to you.
[23:13.660 --> 23:16.660] Only the Father can deliver you.
[23:16.660 --> 23:19.660] Don't let bad-minded people hurt you.
[23:19.660 --> 23:22.660] Until Satan gets behind you.
[23:22.660 --> 23:28.660] You know what I mean, my friend?
[23:28.660 --> 23:56.660] To search online, you type a query into a search box, but Google has a new way to answer your
[23:56.660 --> 23:59.660] questions.
[23:59.660 --> 24:00.660] Next.
[24:00.660 --> 24:01.660] Privacy is under attack.
[24:01.660 --> 24:04.660] When you give up data about yourself, you'll never get it back again.
[24:04.660 --> 24:09.660] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[24:09.660 --> 24:11.660] So protect your rights.
[24:11.660 --> 24:14.660] Say no to surveillance and keep your information to yourself.
[24:14.660 --> 24:17.660] Privacy, it's worth hanging onto.
[24:17.660 --> 24:22.660] This message is brought to you by Startpage.com, the private search engine alternative to Google,
[24:22.660 --> 24:24.660] Yahoo, and Bing.
[24:24.660 --> 24:27.660] With Startpage.
[24:27.660 --> 24:31.660] Online searching has always involved a blank search box and a question.
[24:31.660 --> 24:35.660] But now Google wants to give search results to Android users before they've even thought
[24:35.660 --> 24:37.660] of the questions.
[24:37.660 --> 24:42.660] With Google Now, your search engine watches you and knows you inside and out, anticipating
[24:42.660 --> 24:44.660] your every desire.
[24:44.660 --> 24:48.660] It knows if you haven't eaten in a few hours and will suggest a restaurant.
[24:48.660 --> 24:52.660] If you're stuck in traffic, Google will offer an alternative route.
[24:52.660 --> 24:57.660] If you miss the ball game, Google will send you the score, no effort on your part required.
[24:57.660 --> 25:02.660] Obviously, for this system to work, Google needs to know an awful lot about you.
[25:02.660 --> 25:04.660] Some might call Google Now the future.
[25:04.660 --> 25:06.660] I just call it creepy.
[25:06.660 --> 25:13.660] I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
[25:13.660 --> 25:14.660] What are you thinking?
[25:14.660 --> 25:20.660] Micro plant powder with iodine and probiotics or a total body detox for around $10 a month?
[25:20.660 --> 25:26.660] FUSA.org has 12 formulations of micro plant powder for absorbing and removing toxins from
[25:26.660 --> 25:29.660] your kidney, liver, blood, lung, stomach and colon.
[25:29.660 --> 25:31.660] And feel better than ever.
[25:31.660 --> 25:35.660] It alkalizes, oxygenates, kills parasites, does the job of 10 products.
[25:35.660 --> 25:37.660] That saves you space, time and money.
[25:37.660 --> 25:44.660] Call 888-910-4367 only at FUSA.org.
[25:44.660 --> 25:47.660] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[25:47.660 --> 25:50.660] In today's America, we live in an us-against-them society.
[25:50.660 --> 25:53.660] And if we, the people, are ever going to have a free society, then we're going to have to
[25:53.660 --> 25:55.660] stand and defend our own rights.
[25:55.660 --> 25:58.660] Among those rights are the right to travel freely from place to place, the right to act
[25:58.660 --> 26:02.660] in our own private capacity, and most importantly, the right to due process of law.
[26:02.660 --> 26:06.660] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[26:06.660 --> 26:08.660] our rights through due process.
[26:08.660 --> 26:11.660] Former Sheriff's Deputy A. Craig, in conjunction with Rule of Law Radio, has put together the
[26:11.660 --> 26:15.660] most comprehensive teaching tool available that will help you understand what due process
[26:15.660 --> 26:17.660] is and how to hold the courts to the rule of law.
[26:17.660 --> 26:21.660] You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[26:21.660 --> 26:23.660] ordering your copy today.
[26:23.660 --> 26:26.660] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[26:26.660 --> 26:30.660] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[26:30.660 --> 26:32.660] documents, and other useful resource material.
[26:32.660 --> 26:36.660] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[26:36.660 --> 26:45.660] Order your copy today and together we can have the free society we all want and deserve.
[26:45.660 --> 27:07.660] Okay.
[27:07.660 --> 27:09.660] We are back.
[27:09.660 --> 27:11.660] Randy Kelly, Steve Skidmore.
[27:11.660 --> 27:15.660] Sorry about that issue. We've been having some mic issues all evening.
[27:15.660 --> 27:20.660] We had to get Master Jerry in here to save the day.
[27:20.660 --> 27:23.660] Okay, Mark, where were we?
[27:23.660 --> 27:29.660] The last thing I heard you say before everything drifted away was you stating,
[27:29.660 --> 27:34.660] here in Texas we have the following law and then...
[27:34.660 --> 27:39.660] Okay, we have a court of inquiry.
[27:39.660 --> 27:48.660] Whether you have the same law in Wisconsin or not, this is a reasonable thing to request.
[27:48.660 --> 27:56.660] You might petition the Court of Appeals to open an inquiry into the source of the funds
[27:56.660 --> 28:05.660] that you received based on the testimony of this individual that the testimony taken
[28:05.660 --> 28:12.660] on its face indicates that since this money was stolen and you were paid with that money,
[28:12.660 --> 28:17.660] then you received stolen funds and asked the court to examine into it.
[28:17.660 --> 28:19.660] Okay.
[28:19.660 --> 28:26.660] You might have to ask them with a separate request.
[28:26.660 --> 28:30.660] This would go in the form of a criminal accusation.
[28:30.660 --> 28:37.660] While they're appeals court judges, they're also magistrates.
[28:37.660 --> 28:39.660] Okay.
[28:39.660 --> 28:52.660] He had filed, apparently, a statement with the police that there was stolen money.
[28:52.660 --> 28:56.660] So I have trouble getting a hold of that.
[28:56.660 --> 29:02.660] So either there was stolen money and you were paid with that stolen money,
[29:02.660 --> 29:10.660] or there wasn't stolen money and he filed a false report with the police.
[29:10.660 --> 29:13.660] Not to mention lied in the court document.
[29:13.660 --> 29:20.660] So this sounds like a situation to where no matter how you shake it up,
[29:20.660 --> 29:23.660] a crime has been committed.
[29:23.660 --> 29:29.660] You don't necessarily know which one and ask the court to examine into the issue
[29:29.660 --> 29:33.660] and determine which crime was actually committed
[29:33.660 --> 29:38.660] and ask the court to take action under its authority as a magistrate,
[29:38.660 --> 29:42.660] under its duty and authority as a magistrate.
[29:42.660 --> 29:43.660] Hang on.
[29:43.660 --> 29:44.660] We're about to go to break.
[29:44.660 --> 29:47.660] Randy Kelton and Steve Skidmore with our radio.
[29:47.660 --> 29:52.660] Our call in number 512-646-1984.
[29:52.660 --> 29:53.660] It's a call.
[29:53.660 --> 29:54.660] We'll be taking calls all night.
[29:54.660 --> 30:02.660] We'll be right back.
[30:02.660 --> 30:05.660] YouTube is making users post their actual names,
[30:05.660 --> 30:08.660] claiming that transparency leads to better online behavior.
[30:08.660 --> 30:09.660] But does it?
[30:09.660 --> 30:11.660] I'm Dr. Catherine Albrecht,
[30:11.660 --> 30:15.660] and I'll tell you about the push to end anonymity on the Internet in a moment.
[30:15.660 --> 30:17.660] Privacy is under attack.
[30:17.660 --> 30:21.660] When you give up data about yourself, you'll never get it back again.
[30:21.660 --> 30:26.660] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.660 --> 30:27.660] So protect your rights.
[30:27.660 --> 30:31.660] Say no to surveillance and keep your information to yourself.
[30:31.660 --> 30:34.660] Privacy, it's worth hanging on to.
[30:34.660 --> 30:37.660] This message is brought to you by StartPage.com,
[30:37.660 --> 30:41.660] the private search engine alternative to Google, Yahoo and Bing.
[30:41.660 --> 30:45.660] Start over with StartPage.
[30:45.660 --> 30:49.660] YouTube has joined Facebook and Google in forcing people to use their real names.
[30:49.660 --> 30:52.660] They claim this will make people nicer online,
[30:52.660 --> 30:57.660] but in fact there's hard evidence that real name policies don't improve online behavior.
[30:57.660 --> 31:04.660] In 2007, South Korea mandated a real name web policy, then ditched it four years later.
[31:04.660 --> 31:07.660] Malicious comments decreased by less than 1%,
[31:07.660 --> 31:12.660] but hackers had a field day scooping up valuable real name data.
[31:12.660 --> 31:16.660] All this talk about civility is just an excuse to kill anonymity on the web.
[31:16.660 --> 31:20.660] That's because the big boys want real names to sell to real advertisers
[31:20.660 --> 31:23.660] and eventually to keep the rest of us in line.
[31:23.660 --> 31:30.660] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:30.660 --> 31:32.660] What are you thinking?
[31:32.660 --> 31:38.660] Micro plant powder with iodine and probiotics for a total body detox for around $10 a month.
[31:38.660 --> 31:44.660] If USA.org has 12 formulations of micro plant powder for absorbing and removing toxins from your kidney,
[31:44.660 --> 31:48.660] liver, blood, lungs, stomach, and colon, and feel better than ever,
[31:48.660 --> 31:53.660] it alkalizes, oxygenates, kills parasites, does the job of 10 products.
[31:53.660 --> 31:55.660] That saves you space, time, and money.
[31:55.660 --> 32:01.660] Call 888-910-4367 only at musa.org.
[32:01.660 --> 32:05.660] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.660 --> 32:08.660] In today's America, we live in an us-against-them society,
[32:08.660 --> 32:10.660] and if we the people are ever going to have a free society,
[32:10.660 --> 32:13.660] then we're going to have to stand and defend our own rights.
[32:13.660 --> 32:16.660] Among those rights are the right to travel freely from place to place,
[32:16.660 --> 32:20.660] the right to act in our own private capacity, and most importantly, the right to due process of law.
[32:20.660 --> 32:26.660] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[32:26.660 --> 32:29.660] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:29.660 --> 32:34.660] has put together the most comprehensive teaching tool available that will help you understand what due process is
[32:34.660 --> 32:36.660] and how to hold courts to the rule of law.
[32:36.660 --> 32:41.660] You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today.
[32:41.660 --> 32:45.660] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie,
[32:45.660 --> 32:51.660] video and audio of the original 2009 seminar, hundreds of research documents, and other useful resource material.
[32:51.660 --> 32:55.660] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.660 --> 33:12.660] Order your copy today and together we can have a free society we all want and deserve.
[33:25.660 --> 33:50.660] I want, oh I want, I won't let you pull the wool over my eyes.
[33:50.660 --> 33:57.660] We must refuse your news, also found in lies.
[33:57.660 --> 34:04.660] It seems you like it's fair, but please take some words tonight.
[34:04.660 --> 34:06.660] Okay, we are back.
[34:06.660 --> 34:12.660] Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking to Mark in Wisconsin.
[34:12.660 --> 34:20.660] Okay, you have to have this remedy somewhere, Mark.
[34:20.660 --> 34:26.660] I mean there's a lot of bad guys around, a lot of people that do this kind of thing.
[34:26.660 --> 34:32.660] So we're having a little trouble getting our sound to fade, there we go.
[34:32.660 --> 34:37.660] We've had a little slow internet here and it's just one of our technical nights.
[34:37.660 --> 34:45.660] So you might look for remedies, there's got to be a remedy for bad guys.
[34:45.660 --> 34:49.660] Yeah, you'd think.
[34:49.660 --> 34:56.660] And at a data point, 25 or so letters went out initially with this,
[34:56.660 --> 35:02.660] including one to each member of the Wisconsin Supreme Court mentioning this,
[35:02.660 --> 35:07.660] in addition to the Wisconsin legislature with the judiciary.
[35:07.660 --> 35:11.660] I also bar-grieved the attorney who made the claims,
[35:11.660 --> 35:17.660] and the only response I received on any of that was the bar grievance.
[35:17.660 --> 35:22.660] I received a response back where they decided instead of Mark, I'm Michael.
[35:22.660 --> 35:23.660] Oh.
[35:23.660 --> 35:28.660] And all that was was a letter saying we received your paperwork and it matters to us,
[35:28.660 --> 35:31.660] and we'll get back to you.
[35:31.660 --> 35:36.660] Yeah, they were running out of toilet paper and yours came in just in time.
[35:36.660 --> 35:39.660] Apparently.
[35:39.660 --> 35:44.660] So the Court of Appeals typically you have one year to do an appeal.
[35:44.660 --> 35:47.660] Of course none of this was known within the year.
[35:47.660 --> 35:54.660] I will certainly try the Court of Appeals after the amicus briefs get ignored,
[35:54.660 --> 35:57.660] and I expect fully that they'll be ignored,
[35:57.660 --> 36:01.660] although I'm sure they'll like my Elmer's Glued Together reports.
[36:01.660 --> 36:03.660] They wanted hot glue, but I used Elmer's glue.
[36:03.660 --> 36:08.660] I think that's good enough for them.
[36:08.660 --> 36:10.660] Okay.
[36:10.660 --> 36:12.660] Back to the perjury thing.
[36:12.660 --> 36:16.660] Now, of course, in dealing with this clown there's been a lot of perjury,
[36:16.660 --> 36:20.660] and of course, as we all know, perjury is covered in state statutes.
[36:20.660 --> 36:26.660] Now, for those of us who remember the impeachment of Mr. Clinton,
[36:26.660 --> 36:28.660] there were plenty of things written,
[36:28.660 --> 36:34.660] including pointing out that there's a 1995 May publication
[36:34.660 --> 36:39.660] in the American Bar Association called The Lies Have It,
[36:39.660 --> 36:46.660] where conveniently 40-plus year in office prosecutor in Milwaukee County,
[36:46.660 --> 36:49.660] E. Michael McCann, concluded, quote,
[36:49.660 --> 36:56.660] outside of income tax evasion, perjury is probably the most under-prosecuted crime in America.
[36:56.660 --> 36:58.660] Interesting.
[36:58.660 --> 37:05.660] To continue framing this, in 2013 there was a bit of a kerfuffle in the state
[37:05.660 --> 37:09.660] between the governor and a bunch of people in the Capitol.
[37:09.660 --> 37:14.660] Apparently, visiting the Capitol in such a way, these people committed some crimes.
[37:14.660 --> 37:19.660] Well, in January 31st of 2014 the judge asked the DOJ,
[37:19.660 --> 37:23.660] hey, how much is this costing and why are we doing this?
[37:23.660 --> 37:28.660] To which on March 27th the DOJ wrote back saying, yeah, we heard you.
[37:28.660 --> 37:31.660] Here's a bunch of the first paragraph, yeah, we heard you.
[37:31.660 --> 37:36.660] Second paragraph is the legislature and representatives made this law,
[37:36.660 --> 37:40.660] and then we get to the pay dirt on the third paragraph.
[37:40.660 --> 37:44.660] How much is complete abandonment of enforcement of these rules
[37:44.660 --> 37:47.660] when probable cause exists to find they have been violated
[37:47.660 --> 37:52.660] would elevate a prosecutor's personal opinion above law,
[37:52.660 --> 37:55.660] thus rendering the rule of law a nullity?
[37:55.660 --> 37:58.660] Then he goes into about the cost of prosecuting.
[37:58.660 --> 38:04.660] Now, it would strike me that perjury is one of those kinds of things
[38:04.660 --> 38:07.660] that would matter and matter to the court.
[38:07.660 --> 38:11.660] How much is complete abandonment of enforcement?
[38:11.660 --> 38:16.660] Do they have to just prosecute once a month, once a year, once a decade?
[38:16.660 --> 38:21.660] How close do I got to get to complete abandonment of them ignoring perjury
[38:21.660 --> 38:28.660] to raise this thing as a nullity as far as perjury goes?
[38:28.660 --> 38:30.660] That's kind of a vague question.
[38:30.660 --> 38:32.660] I'm not sure how to...
[38:32.660 --> 38:33.660] Oh, okay.
[38:33.660 --> 38:36.660] Where are you going to with...
[38:36.660 --> 38:43.660] I don't think perjury or aggravated perjury is going to nullify anything
[38:43.660 --> 38:47.660] but the testimony perjured.
[38:47.660 --> 38:50.660] Let's say you've got a contract dispute
[38:50.660 --> 38:55.660] and somebody tells a lie about or perjures themself on the stand
[38:55.660 --> 39:02.660] in regard to something that took place ancillary to the contract.
[39:02.660 --> 39:05.660] That's not going to void the contract.
[39:05.660 --> 39:08.660] I don't think that's the way it's going.
[39:08.660 --> 39:12.660] He's saying the prosecutors aren't prosecuting perjury,
[39:12.660 --> 39:16.660] so does that nullify the perjury law?
[39:16.660 --> 39:18.660] Am I getting that right, Mark?
[39:18.660 --> 39:22.660] There's that element because you gave me a little bone there
[39:22.660 --> 39:25.660] six, eight months ago, Mr. Kelton,
[39:25.660 --> 39:30.660] of look to the Wisconsin constitution
[39:30.660 --> 39:39.660] and Article 14, Stroke 3 says that anything that is not covered in statute
[39:39.660 --> 39:42.660] is covered under the common law.
[39:42.660 --> 39:48.660] So there is definitely previously a common law right not to be lied to in court.
[39:48.660 --> 39:54.660] But because we've got this perjury statute, of course, that doesn't exist.
[39:54.660 --> 39:57.660] If they're not prosecuting for perjury,
[39:57.660 --> 40:00.660] isn't it the same as the law doesn't exist?
[40:00.660 --> 40:02.660] That's a good point.
[40:02.660 --> 40:10.660] And if I wear a hat, no one will see it because they make me keep my hat on in court.
[40:10.660 --> 40:16.660] That is a good point if you can show that this law no longer exists
[40:16.660 --> 40:22.660] because it's been nullified by the prosecutor, then you go to common law perjury.
[40:22.660 --> 40:29.660] But how do you get to common law perjury? How do you establish it?
[40:29.660 --> 40:35.660] And how do you prosecute it? I can't find common law.
[40:35.660 --> 40:41.660] The Wisconsin constitutional statute, from memory,
[40:41.660 --> 40:46.660] anything that was is not, anything that isn't covered,
[40:46.660 --> 40:52.660] anything, the common law as of the publication of the Constitution
[40:52.660 --> 40:56.660] shall be the law of the land unless covered by statute.
[40:56.660 --> 40:59.660] Okay, here's my problem.
[40:59.660 --> 41:05.660] And Texas has a similar statute that says anything not covered in the penal code,
[41:05.660 --> 41:07.660] this statute's in the penal code,
[41:07.660 --> 41:11.660] anything not covered in this code is governed by the common law.
[41:11.660 --> 41:16.660] The problem is, where do I find the common law?
[41:16.660 --> 41:24.660] I was going to cite the more accessible translation 18, whatever,
[41:24.660 --> 41:33.660] the five-volume set of Virginia Guy on the common law as opposed to Blackstone.
[41:33.660 --> 41:40.660] But, you know, that's, I'm taking a bit of a reach there.
[41:40.660 --> 41:45.660] That's been one of my big problems with the common law.
[41:45.660 --> 41:50.660] Exactly what is the common law? Is it case law?
[41:50.660 --> 41:54.660] And if so, case law from when?
[41:54.660 --> 41:59.660] Because it can't be case law that's interpreting statute.
[41:59.660 --> 42:01.660] Right.
[42:01.660 --> 42:05.660] I'm looking on Google Scholar for anything in case law
[42:05.660 --> 42:09.660] referencing aggravated perjury, and I'm coming up with a big goose egg.
[42:09.660 --> 42:13.660] I'm finding aggravated assault, aggravated battery, but no aggravated perjury.
[42:13.660 --> 42:19.660] So here in Texas, there's a difference between simple perjury and aggravated perjury,
[42:19.660 --> 42:22.660] but apparently not in the state of Wisconsin.
[42:22.660 --> 42:30.660] Aggravated perjury in Texas is a felony, as where perjury is not a felony.
[42:30.660 --> 42:33.660] Simple perjury is not a felony.
[42:33.660 --> 42:37.660] Perjury, I have the Wisconsin statute somewhere,
[42:37.660 --> 42:41.660] and I wasn't prepared to recite it for your show.
[42:41.660 --> 42:43.660] Shame on you.
[42:43.660 --> 42:48.660] Yeah, I know. I'm so bad.
[42:48.660 --> 42:55.660] The perjury statute, it's pretty clear, and the charming gem in this whole thing is
[42:55.660 --> 42:59.660] the guy said, oh, I don't own the business, I don't know who does.
[42:59.660 --> 43:04.660] In a subsequent lawsuit, he said, oh, I'm the secret 50% handshake owner,
[43:04.660 --> 43:06.660] but it's not on any piece of paper.
[43:06.660 --> 43:11.660] Later in an entirely different venue, he said, oh, my daughter's the majority shareholder,
[43:11.660 --> 43:14.660] and always has been.
[43:14.660 --> 43:17.660] So then he knows who the owners are.
[43:17.660 --> 43:24.660] Right. Well, with the prosecutor, the prosecutor for that venue explicitly says,
[43:24.660 --> 43:29.660] oh, yeah, the reason we're doing this is because I wanted this guy under oath.
[43:29.660 --> 43:34.660] So a few people got his number, but nobody's doing anything.
[43:34.660 --> 43:37.660] Now you've got him under oath.
[43:37.660 --> 43:40.660] Now what are you going to do with it?
[43:40.660 --> 43:42.660] Right.
[43:42.660 --> 43:45.660] Okay. Anything else for us, Mark?
[43:45.660 --> 43:50.660] Well, like I said, I'm just trying to figure out how I can, you know...
[43:50.660 --> 43:51.660] Okay, okay, okay. Hang on.
[43:51.660 --> 43:52.660] I'm about to go to break.
[43:52.660 --> 43:54.660] We'll pick this up on the other side.
[43:54.660 --> 43:57.660] This is Randy Helton, Steve Skidmore, Ruval Radio.
[43:57.660 --> 44:02.660] We'll be right back.
[44:02.660 --> 44:06.660] Hello. My name is Stuart Smith from naturespureorganics.com,
[44:06.660 --> 44:10.660] and I would like to invite you to come by our store at 1904 Guadalupe Street,
[44:10.660 --> 44:14.660] Suite D here in Austin, Texas, behind Brave New Books and Chase Payne
[44:14.660 --> 44:18.660] to see all our fantastic health and wellness products with your very own eyes.
[44:18.660 --> 44:22.660] Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
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[44:24.660 --> 44:30.660] including our Australian Emu oil, lotion candles, olive oil soaps, and colloidal silver and gold.
[44:30.660 --> 44:37.660] Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.660 --> 44:43.660] That's 512-264-4043, naturespureorganics.com.
[44:43.660 --> 44:47.660] Don't forget to like us on Facebook for information on events and our products.
[44:47.660 --> 45:01.660] Naturespureorganics.com.
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[45:27.660 --> 45:34.660] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
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[46:14.660 --> 46:43.660] Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking to Mark in Wisconsin.
[46:43.660 --> 46:52.660] Okay, yeah, I'm trying to get to, you know, how I've been harmed when he lied in my case.
[46:52.660 --> 46:57.660] And beyond, you know, because, of course, in my particular case, the judge went ahead.
[46:57.660 --> 47:02.660] When I challenged the lie, the judge went, oh, no, we're not going to have a hearing on that.
[47:02.660 --> 47:06.660] I believe him 100% moving on.
[47:06.660 --> 47:10.660] And, of course, subsequent events, you know, over the course of the years
[47:10.660 --> 47:14.660] have shown exactly how far wrong the judge was.
[47:14.660 --> 47:18.660] But I'm trying to get to how I was harmed.
[47:18.660 --> 47:21.660] Was this a court of record, Mark?
[47:21.660 --> 47:26.660] It was a court of record only because I made sure that following the good advice
[47:26.660 --> 47:34.660] of not only Mr. Kelton but Mr. Graves of making sure that I had a court reporter there.
[47:34.660 --> 47:35.660] Perfect.
[47:35.660 --> 47:39.660] So I have full transcripts of everything.
[47:39.660 --> 47:40.660] Good.
[47:40.660 --> 47:45.660] So you've made your footprint on your way to appeal.
[47:45.660 --> 47:46.660] Perfect.
[47:46.660 --> 47:50.660] Well, the thing is, there's nothing at this point to appeal because, you know,
[47:50.660 --> 47:52.660] we're talking chump changes with cases about.
[47:52.660 --> 47:54.660] It was $3,000.
[47:54.660 --> 47:57.660] And one of the other people looked at this.
[47:57.660 --> 47:59.660] It's not a matter of money, is it?
[47:59.660 --> 48:01.660] Is it more a matter of principle?
[48:01.660 --> 48:03.660] Well, I got my money.
[48:03.660 --> 48:05.660] I mean, the case kind of evaporated.
[48:05.660 --> 48:09.660] Once you get paid, you know, a case for money, once you get paid the full amount,
[48:09.660 --> 48:10.660] the case kind of.
[48:10.660 --> 48:14.660] Well, not when they're criminal, but not when there's criminal activity going on.
[48:14.660 --> 48:18.660] That's a whole separate lawsuit.
[48:18.660 --> 48:21.660] Yes, well, that's what I'm trying to get to is the separate lawsuit versus him
[48:21.660 --> 48:26.660] and his attorney in the first case.
[48:26.660 --> 48:28.660] Now, we have a.
[48:28.660 --> 48:36.660] Every state has a every state has a conversion statute where criminal offenses cause
[48:36.660 --> 48:39.660] civil harm.
[48:39.660 --> 48:46.660] Look for a look for something in conversion from generally criminal to civil.
[48:46.660 --> 48:50.660] From criminal to civil, it will go to due process.
[48:50.660 --> 48:53.660] If you can show due process, you don't have to show harm.
[48:53.660 --> 49:00.660] But if you won, then where's the harm?
[49:00.660 --> 49:07.660] You can't go to due process because because you won the case.
[49:07.660 --> 49:09.660] So he didn't deny you any rights.
[49:09.660 --> 49:15.660] Well, he may not have harmed Mark, but he has tarnished the reputation of the
[49:15.660 --> 49:16.660] judicial system.
[49:16.660 --> 49:19.660] And that should invoke criminal prosecution.
[49:19.660 --> 49:26.660] Absolutely. We as we as common people have got to be able to trust in our
[49:26.660 --> 49:30.660] judicial system to be unbiased, to be fair.
[49:30.660 --> 49:40.660] And under the ethics rules, an attorney has a duty to protect the integrity of
[49:40.660 --> 49:44.660] not only his profession, but the integrity of the judicial system.
[49:44.660 --> 49:52.660] That's why we have criminal penalties for perjury.
[49:52.660 --> 49:55.660] Somebody's got to hold these these guys feet to the fire, because if we don't,
[49:55.660 --> 49:59.660] they're going to continue lying time after time after time.
[49:59.660 --> 50:05.660] And I have the understanding that common law is something that is done over and
[50:05.660 --> 50:07.660] over and over without objection.
[50:07.660 --> 50:11.660] And so long as we don't object to it, then lying in court becomes common law
[50:11.660 --> 50:13.660] and allowable.
[50:13.660 --> 50:15.660] It's got to stop.
[50:15.660 --> 50:20.660] Well, and to the attorneys going to the attorneys issue, the attorneys in
[50:20.660 --> 50:26.660] question only ever dealt with this guy, even though they submitted paperwork in
[50:26.660 --> 50:31.660] my case where first they said they allowed him to submit paperwork where he
[50:31.660 --> 50:35.660] says it's not within my knowledge to know who the owners were and subsequently
[50:35.660 --> 50:40.660] submitted paperwork saying that he was not the owner, never been the owner.
[50:40.660 --> 50:47.660] I have after my case, I've received paperwork from the actual owners where
[50:47.660 --> 50:49.660] they said, no, we never hired these attorneys.
[50:49.660 --> 50:52.660] So I have affidavits from them on that.
[50:52.660 --> 50:57.660] So we've got a situation here where the attorneys should have known that do
[50:57.660 --> 50:58.660] and when.
[50:58.660 --> 51:00.660] OK, hold on, hold on.
[51:00.660 --> 51:01.660] Hold on.
[51:01.660 --> 51:02.660] You won.
[51:02.660 --> 51:11.660] However, you had to adjudicate this case against the actions of these attorneys.
[51:11.660 --> 51:12.660] Correct.
[51:12.660 --> 51:13.660] And there's some harm there.
[51:13.660 --> 51:16.660] There's your harm.
[51:16.660 --> 51:19.660] Malpractice against the attorneys.
[51:19.660 --> 51:21.660] I'm going to that.
[51:21.660 --> 51:27.660] But I'd also like to, you know, whack the schmuck who, you know, is playing
[51:27.660 --> 51:29.660] these games of I'm not the owner.
[51:29.660 --> 51:30.660] I'm the owner.
[51:30.660 --> 51:32.660] OK.
[51:32.660 --> 51:33.660] Now, wait a minute.
[51:33.660 --> 51:34.660] Wait a minute.
[51:34.660 --> 51:38.660] Are you sure that he was a schmuck and not a schmeckle?
[51:38.660 --> 51:39.660] Oh, well.
[51:39.660 --> 51:41.660] Oh, God.
[51:41.660 --> 51:43.660] You're splitting hairs, Randy.
[51:43.660 --> 51:44.660] No, a schmuck is a big one.
[51:44.660 --> 51:46.660] A schmeckle is a little one.
[51:46.660 --> 51:49.660] Oh, OK.
[51:49.660 --> 51:55.660] Anyway, the attorneys, the attorneys, I think I've got pretty well nailed down.
[51:55.660 --> 52:01.660] I just have to brief it out and I'm going to go through some more records as the
[52:01.660 --> 52:03.660] weeks roll on.
[52:03.660 --> 52:08.660] But I'm just trying to figure out what I can do with this clown.
[52:08.660 --> 52:16.660] And, you know, I figure that you guys might have something beyond turning
[52:16.660 --> 52:24.660] towards the appeal that, yes, you know, this needs to go to the Supreme Court.
[52:24.660 --> 52:30.660] So the Supreme Court can provide something for the legislature to rule on
[52:30.660 --> 52:34.660] because if they've been not prosecuting this stuff since the 1990s,
[52:34.660 --> 52:40.660] then we're dangerously moving to a spot where, as Mr. Skidmore has stated,
[52:40.660 --> 52:46.660] the common law is apparently you can lie and get away with it.
[52:46.660 --> 52:48.660] That's a very good point.
[52:48.660 --> 52:50.660] Yeah, again, hat.
[52:50.660 --> 52:52.660] No one sees it.
[52:52.660 --> 52:57.660] I'm telling you, man, we've got to hold these guys accountable for what takes
[52:57.660 --> 52:58.660] place in our court.
[52:58.660 --> 53:00.660] If we don't, then we acquiesce.
[53:00.660 --> 53:04.660] If we acquiesce, then we live in a lawless society.
[53:04.660 --> 53:10.660] Have you considered filing criminally against the prosecuting attorney?
[53:10.660 --> 53:12.660] I have not filed criminally.
[53:12.660 --> 53:15.660] I did bar grievance, and ultimately the bar grievance came back as,
[53:15.660 --> 53:21.660] oh, there was nothing he did that was wrong or impropriety, which is fine.
[53:21.660 --> 53:24.660] I was thinking why even bother?
[53:24.660 --> 53:31.660] I was just going to sue them for a large amount of money.
[53:31.660 --> 53:34.660] Hard to sue a prosecutor.
[53:34.660 --> 53:40.660] Have you considered suing the bar for shielding?
[53:40.660 --> 53:45.660] Ooh, ooh, I could nail them then separately.
[53:45.660 --> 53:48.660] Look at aiding and abetting.
[53:48.660 --> 53:49.660] Yeah.
[53:49.660 --> 53:52.660] Just an idea.
[53:52.660 --> 53:57.660] Oh, it doesn't look like the bar has done me any favors.
[53:57.660 --> 54:00.660] You're not a member.
[54:00.660 --> 54:09.660] The bar is a quasi-official agency, so they have a quasi-official duty.
[54:09.660 --> 54:15.660] Yeah, all that SCR 20 stuff that, you know, the Supreme Court rules.
[54:15.660 --> 54:19.660] So you sue them for malfeasance?
[54:19.660 --> 54:20.660] Yeah.
[54:20.660 --> 54:23.660] Or misfeasance, misfeasance.
[54:23.660 --> 54:25.660] Misfeasance, okay.
[54:25.660 --> 54:29.660] Misfeasance is where you don't do something you're required to do.
[54:29.660 --> 54:33.660] Malfeasance is where you do something you're not authorized to do.
[54:33.660 --> 54:40.660] Okay, since there's a whole series of things that the attorneys didn't do
[54:40.660 --> 54:45.660] that they should have, like due diligence, like monitoring that.
[54:45.660 --> 54:50.660] Misfeasance is the route I should also go with the attorneys, then it sounds like.
[54:50.660 --> 54:55.660] Well, misfeasance and malfeasance tends to go to official capacity.
[54:55.660 --> 54:59.660] All right, well, how much official capacity?
[54:59.660 --> 55:03.660] Well, an attorney has a certain official capacity within a case
[55:03.660 --> 55:06.660] because you've got three people there who are all supposed to be,
[55:06.660 --> 55:10.660] two people are supposed to be telling the truth to the judge being the third person.
[55:10.660 --> 55:12.660] That does raise a question.
[55:12.660 --> 55:17.660] The attorney is an officer of the court.
[55:17.660 --> 55:19.660] For the purpose of a case, yes.
[55:19.660 --> 55:25.660] And he has, in that capacity, he has certain duties.
[55:25.660 --> 55:26.660] Mm-hmm.
[55:26.660 --> 55:33.660] So it'd be a good question that his failure to perform a duty based on his capacity
[55:33.660 --> 55:38.660] as an officer of the court should constitute misfeasance.
[55:38.660 --> 55:41.660] And when I structure my lawsuits,
[55:41.660 --> 55:46.660] should I just follow what the court of appeals and the format that they want,
[55:46.660 --> 55:51.660] you know, just right up front to telegraph to these guys that I'll take you to the mat?
[55:51.660 --> 55:52.660] That's a good idea.
[55:52.660 --> 55:54.660] I would.
[55:54.660 --> 55:58.660] I was thinking of that because I've been having to learn how the formatting
[55:58.660 --> 56:03.660] for the court of appeals since, you know, I filed my amicus brief in this thing.
[56:03.660 --> 56:06.660] Well, in order to effectively sue,
[56:06.660 --> 56:13.660] the courts want you to use the courts as a remedy of last resort and not a first resort.
[56:13.660 --> 56:19.660] So therefore, they ask you to attempt an administrative remedy.
[56:19.660 --> 56:26.660] The only remedy you're required to seek is a tort letter.
[56:26.660 --> 56:33.660] So you send them a tort letter formatted like a presentment to the Supreme.
[56:33.660 --> 56:36.660] Okay.
[56:36.660 --> 56:39.660] And that way you say, make me wholly be sued,
[56:39.660 --> 56:44.660] and they're looking at the document and they're going to say, he's not kidding.
[56:44.660 --> 56:50.660] Yeah, he's already geared up to go to the Supreme or the appellate.
[56:50.660 --> 56:51.660] Yeah.
[56:51.660 --> 56:55.660] They'll recognize the difference in the pleadings, I'll guarantee that.
[56:55.660 --> 56:59.660] Oh, I'm sure they will because they got to watch my pleadings improve.
[56:59.660 --> 57:03.660] When I asked for my $1 million, should I put my finger in my mouth
[57:03.660 --> 57:07.660] and do it villainously or just outright ask for the million?
[57:07.660 --> 57:09.660] Just outright ask for it.
[57:09.660 --> 57:13.660] All right.
[57:13.660 --> 57:16.660] Have we given you food for thought?
[57:16.660 --> 57:17.660] Oh, yes.
[57:17.660 --> 57:19.660] This is why I call.
[57:19.660 --> 57:26.660] And this is why I have the show recording off the streaming to help the numbers too.
[57:26.660 --> 57:27.660] Oh, wonderful.
[57:27.660 --> 57:28.660] Excellent.
[57:28.660 --> 57:29.660] Thank you.
[57:29.660 --> 57:33.660] The four-hour info marathon doesn't list that.
[57:33.660 --> 57:36.660] And if anything, under separate cover,
[57:36.660 --> 57:39.660] I can email you the script that I use, Randy,
[57:39.660 --> 57:42.660] in case you want to put it somewhere on the website.
[57:42.660 --> 57:44.660] Send it to me.
[57:44.660 --> 57:45.660] I would like to see that.
[57:45.660 --> 57:46.660] Okay.
[57:46.660 --> 57:47.660] No problem.
[57:47.660 --> 57:51.660] All right, that's all that I have at the moment, gentlemen.
[57:51.660 --> 57:57.660] After the court responds to my paperwork and gives something interesting,
[57:57.660 --> 57:58.660] I'll let you know.
[57:58.660 --> 57:59.660] Thank you very much.
[57:59.660 --> 58:00.660] Sounds good.
[58:00.660 --> 58:01.660] Thank you.
[58:01.660 --> 58:02.660] Bye-bye.
[58:02.660 --> 58:07.660] Mark has been having way too much fun harassing these people.
[58:07.660 --> 58:09.660] And good luck, Mark.
[58:09.660 --> 58:11.660] We wish you well on that.
[58:11.660 --> 58:15.660] This is Randy Kelton, Steve Skidmore, Rule of Law Radio.
[58:15.660 --> 58:19.660] And we're about to go to our top-of-the-hour break.
[58:19.660 --> 58:21.660] We've got another hour.
[58:21.660 --> 58:24.660] Jimmy, Danny, Larry, we see you there.
[58:24.660 --> 58:26.660] I think I may have some more.
[58:26.660 --> 58:28.660] Oh, yeah, Jerry in Kansas.
[58:28.660 --> 58:30.660] We will try to get to everyone.
[58:30.660 --> 58:38.660] So if you have a question or comment, give us a call, 512-646-1984.
[58:38.660 --> 58:48.660] We'll be right back.
[59:08.660 --> 59:28.660] Thank you very much.
[59:38.660 --> 59:44.660] That's 888-551-0102.
[59:44.660 --> 59:52.660] Or visit us online at bfa.org.
[59:52.660 --> 01:00:02.660] You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.660 --> 01:00:08.660] This is the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:08.660 --> 01:00:12.660] I'm Brian Hagan with your Liberty Beat for Thursday, June 12, 2014.
[01:00:12.660 --> 01:00:14.660] Gold opened today at $1,264.
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[01:00:33.660 --> 01:00:42.660] And support comes from Accountable Authority, now offering a public database of police abuse and misconduct, online at accountableauthority.com.
[01:00:42.660 --> 01:00:56.660] In the news, supporters, neighbors and family members gathered at a memorial honoring the 27-year-old Florida MMA fighter who was executed by the FBI last year for his alleged connection to Boston bomber suspect Tamerlane Sarniam.
[01:00:56.660 --> 01:01:06.660] Sarniam Todashev was shot seven times in his Orlando condo during a final round of interrogation by FBI officials, all of whom have been cleared of any wrongdoing in the killing.
[01:01:06.660 --> 01:01:14.660] Investigative reporter Julie Wilson attended the memorial and spoke to nearby residents who doubt the FBI's narrative of what happened that late summer night.
[01:01:14.660 --> 01:01:17.660] When I heard about the investigations, I said, this is a sham.
[01:01:17.660 --> 01:01:19.660] OPD don't want to get involved.
[01:01:19.660 --> 01:01:22.660] And I always thought the FBI was straight up.
[01:01:22.660 --> 01:01:26.660] When I heard that he unloaded seven shots on this guy, it could have been an impersonal thing.
[01:01:26.660 --> 01:01:28.660] They don't even release the guy's name.
[01:01:28.660 --> 01:01:31.660] Usually they got the cop's name or the agent's name.
[01:01:31.660 --> 01:01:32.660] No names.
[01:01:32.660 --> 01:01:37.660] For the complete story, go to thelibertymeet.com.
[01:01:37.660 --> 01:01:44.660] On Tuesday, the Supreme Court ruled that police officers may enter and search a home without a warrant, as long as one occupant gives consent.
[01:01:44.660 --> 01:01:51.660] Ruling 6-3, the court gives law enforcement greater authority to search homes, even when an occupant has previously denied entering.
[01:01:51.660 --> 01:01:57.660] Justice Samuel Alito Jr. said police officers do not need to wait for magistrate approval before entering a home.
[01:01:57.660 --> 01:02:05.660] The dissenting judges warned the ruling would erode Fourth Amendment protections from warrantless home searches.
[01:02:05.660 --> 01:02:14.660] Google acquired Skybox, a company that provides high-res photos and video using low-cost satellites for $500 million, extending their reach far beyond the Internet.
[01:02:14.660 --> 01:02:21.660] Skybox transforms mass quantities of unstructured data into revenue-generating insights, streaming aerial imagery straight to Google.
[01:02:21.660 --> 01:02:29.660] The captured aerial imagery is beneficial for a variety of industries, including companies tracking cars in parking lots to predict retail forecasts.
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[01:02:38.660 --> 01:02:43.660] And support comes from Brave New Books, now offering pro-pure water filtration.
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[01:02:52.660 --> 01:02:56.660] This is The Liberty Beat for Thursday, June 12, 2014.
[01:02:56.660 --> 01:03:00.660] Check out the website at thelibertybeat.com.
[01:03:00.660 --> 01:03:13.660] Yeah, a story for everyone to hear, about how we're not gonna give in to fear.
[01:03:13.660 --> 01:03:17.660] Yeah, a story.
[01:03:17.660 --> 01:03:22.660] A story, a story, a story.
[01:03:22.660 --> 01:03:32.660] I will identify my father's house, until he returns.
[01:03:32.660 --> 01:03:43.660] He has loved me with his strength and wisdom, to aid my concerns.
[01:03:43.660 --> 01:03:54.660] I will identify my father's house, until he returns.
[01:03:54.660 --> 01:04:10.660] I will guard these walls, if they come to take his place.
[01:04:10.660 --> 01:04:16.660] Okay, we are back.
[01:04:16.660 --> 01:04:21.660] And we're going to Jimmy in Texas.
[01:04:21.660 --> 01:04:22.660] Hello, Jimmy.
[01:04:22.660 --> 01:04:24.660] What do you have for us today?
[01:04:24.660 --> 01:04:26.660] Hello, Randy.
[01:04:26.660 --> 01:04:29.660] I've got an arraignment in six days, on the 19th.
[01:04:29.660 --> 01:04:32.660] And I sent some information to you via email.
[01:04:32.660 --> 01:04:35.660] Not sure if you have a chance to look at it.
[01:04:35.660 --> 01:04:41.660] But basically, I was arrested on a warrant that I didn't even know existed.
[01:04:41.660 --> 01:04:44.660] And I claimed false arrest.
[01:04:44.660 --> 01:04:49.660] And I just learned in your show tonight that there is no such thing as false arrest.
[01:04:49.660 --> 01:04:50.660] Oh, wait, wait, wait.
[01:04:50.660 --> 01:04:51.660] No, hold on.
[01:04:51.660 --> 01:04:52.660] Okay.
[01:04:52.660 --> 01:04:54.660] There is false...
[01:04:54.660 --> 01:04:58.660] Okay, false arrest is not a crime.
[01:04:58.660 --> 01:05:00.660] Okay.
[01:05:00.660 --> 01:05:13.660] It is, now, false imprisonment is one of the only things that the governmental agencies do not have...
[01:05:13.660 --> 01:05:18.660] They have waived their sovereign immunity for false imprisonment.
[01:05:18.660 --> 01:05:27.660] So if you were arrested, even if the warrant was valid, and then subsequent to the arrest,
[01:05:27.660 --> 01:05:34.660] they denied you in due process, they become a trespasser ab initio from the beginning.
[01:05:34.660 --> 01:05:38.660] And you can claim false imprisonment from the beginning.
[01:05:38.660 --> 01:05:48.660] But if they arrested you and failed to perform a duty they were required to perform and in the process,
[01:05:48.660 --> 01:05:53.660] denied you in the full and free access to your enjoyment of right, well, that's a criminal act.
[01:05:53.660 --> 01:05:54.660] Okay.
[01:05:54.660 --> 01:05:59.660] Class A misdemeanor under 39.03 penal code.
[01:05:59.660 --> 01:06:01.660] So that's what most...
[01:06:01.660 --> 01:06:07.660] 39.03 is taken from the Ku Klux Klan Act.
[01:06:07.660 --> 01:06:11.660] In the Fed it's 18 U.S. Code 242.
[01:06:11.660 --> 01:06:17.660] And most every state has a statute that mimics 18 U.S. Code 242.
[01:06:17.660 --> 01:06:23.660] If a public official acting under the color of his authority exerts or purports to exert an authority,
[01:06:23.660 --> 01:06:31.660] he does not expressly have or fails to perform a duty he is required to perform and in the process,
[01:06:31.660 --> 01:06:35.660] denies a citizen in the full and free access to your enjoyment of right.
[01:06:35.660 --> 01:06:37.660] It's a Class A misdemeanor.
[01:06:37.660 --> 01:06:39.660] In the state and in the Fed.
[01:06:39.660 --> 01:06:41.660] Both of ours read...
[01:06:41.660 --> 01:06:46.660] Texas reads almost exactly like the Fed and most states do.
[01:06:46.660 --> 01:06:48.660] This is a catch-all.
[01:06:48.660 --> 01:06:50.660] Gotcha.
[01:06:50.660 --> 01:06:55.660] So just about anything they do you can nail them with that one.
[01:06:55.660 --> 01:06:56.660] Okay.
[01:06:56.660 --> 01:07:02.660] Well, I made that claim to the arresting officer and I also made that claim to him in front of the jailers.
[01:07:02.660 --> 01:07:07.660] And, you know, of course I sat in jail so I was bonded out.
[01:07:07.660 --> 01:07:21.660] And when I went before the J.P., I told her, you know, it had to be some type of, I can't think of it, identity theft, you know.
[01:07:21.660 --> 01:07:26.660] And she said, well, sir, apparently someone in Montgomery County believes that you have, you know,
[01:07:26.660 --> 01:07:33.660] committed something where they gave you, they gave probable cause for a warrant for you.
[01:07:33.660 --> 01:07:35.660] And I signed...
[01:07:35.660 --> 01:07:37.660] Hold on, hold on.
[01:07:37.660 --> 01:07:43.660] Did the judge hold an examining trial or did the judge hold a magistration?
[01:07:43.660 --> 01:07:48.660] I believe it was a magistration because there was no examination of anything.
[01:07:48.660 --> 01:07:55.660] She treated me lower than dirt, wouldn't look in my eyes, and it was just a horrible feeling, you know.
[01:07:55.660 --> 01:07:59.660] I'm familiar with that feeling in Williamson County.
[01:07:59.660 --> 01:08:01.660] Been there, done that.
[01:08:01.660 --> 01:08:03.660] Right, right.
[01:08:03.660 --> 01:08:09.660] Also, the officer did not read me my rights, you know, and I was very aware of that.
[01:08:09.660 --> 01:08:17.660] Okay, that is not necessarily a problem if the officers did not ask you any questions
[01:08:17.660 --> 01:08:23.660] and thereby secure evidence that they would attempt to use against you in a court of law.
[01:08:23.660 --> 01:08:24.660] Okay.
[01:08:24.660 --> 01:08:26.660] That's all that goes to.
[01:08:26.660 --> 01:08:30.660] It would render that evidence fruit of a poison tree.
[01:08:30.660 --> 01:08:35.660] Well, the judge kept saying, do you understand, you know, all the stuff she was reading off to me?
[01:08:35.660 --> 01:08:40.660] And I knew that I didn't know what was going to happen to me if I said I did not understand.
[01:08:40.660 --> 01:08:46.660] So what I did is I signed the paperwork, which I believe was the Miranda right,
[01:08:46.660 --> 01:08:53.660] and I signed it with UCC 1-207, which I believe is reserving my rights, am I correct?
[01:08:53.660 --> 01:09:04.660] Okay, that, you know, I hope people say that, but this is a criminal issue and your rights don't go away just automatically.
[01:09:04.660 --> 01:09:12.660] And signing that you were read your rights, there is no real rights implied in that.
[01:09:12.660 --> 01:09:14.660] Okay.
[01:09:14.660 --> 01:09:25.660] Most of that, I've seen that and I've tried to find the validity of these things in the UCC,
[01:09:25.660 --> 01:09:31.660] which is the only commercial code I can find, and Code of Criminal Procedure and Penal Code,
[01:09:31.660 --> 01:09:36.660] and I have found no adjudicatable value to that.
[01:09:36.660 --> 01:09:37.660] Gotcha.
[01:09:37.660 --> 01:09:41.660] Okay, so basically wasted ink, I guess.
[01:09:41.660 --> 01:09:46.660] Well, excuse me, under duress might be called for.
[01:09:46.660 --> 01:09:47.660] Okay.
[01:09:47.660 --> 01:09:51.660] But duress, you know, this is being arrested.
[01:09:51.660 --> 01:09:52.660] Right.
[01:09:52.660 --> 01:09:54.660] Sure, everything's under duress.
[01:09:54.660 --> 01:09:55.660] Exactly.
[01:09:55.660 --> 01:09:59.660] Even to that, I was definitely under duress the entire time.
[01:09:59.660 --> 01:10:16.660] So yeah, but a word about strategy, and this is something that I had to learn from experience, being arrested, lots of experience.
[01:10:16.660 --> 01:10:19.660] A couple times.
[01:10:19.660 --> 01:10:24.660] The last time in Travis County, the jailers recognized me.
[01:10:24.660 --> 01:10:28.660] You again?
[01:10:28.660 --> 01:10:35.660] I like your hotel, it's just your room service kind of sucks.
[01:10:35.660 --> 01:10:44.660] But they've developed a different way of going about this that's not so intuitive.
[01:10:44.660 --> 01:10:49.660] Telling the police officers what they should do is intuitive.
[01:10:49.660 --> 01:10:51.660] Right, right.
[01:10:51.660 --> 01:10:53.660] But it's wrong.
[01:10:53.660 --> 01:10:57.660] Never tell them anything.
[01:10:57.660 --> 01:11:04.660] If you say one word to them, they're going to say you were agitated.
[01:11:04.660 --> 01:11:07.660] And so don't tell them anything.
[01:11:07.660 --> 01:11:11.660] Definitely do not tell them what you plan.
[01:11:11.660 --> 01:11:12.660] Right.
[01:11:12.660 --> 01:11:17.660] Oh, my gosh, that's my right, and I'm going to do this, and I'm going to do that.
[01:11:17.660 --> 01:11:18.660] No, no, no, don't.
[01:11:18.660 --> 01:11:19.660] Right, right.
[01:11:19.660 --> 01:11:20.660] No, I was very cooperative.
[01:11:20.660 --> 01:11:25.660] You know, I just made the claim because, you know, I had a little bit of knowledge going into this.
[01:11:25.660 --> 01:11:28.660] I had a little bit about this for the past couple of years.
[01:11:28.660 --> 01:11:35.660] But this is the first time that I've ever, you know, been arrested where I actually needed to use it.
[01:11:35.660 --> 01:11:41.660] And then, of course, my mind went blank, and I couldn't think of what I needed to say or anything.
[01:11:41.660 --> 01:11:43.660] Just claim false arrest, you know.
[01:11:43.660 --> 01:11:50.660] It gets better as you do it, especially if you have a strategy.
[01:11:50.660 --> 01:11:51.660] Right.
[01:11:51.660 --> 01:11:56.660] And the strategy is it's what I call my little tar baby syndrome.
[01:11:56.660 --> 01:12:02.660] I got this little tar baby, and if you touch it, you stick to it.
[01:12:02.660 --> 01:12:03.660] Right.
[01:12:03.660 --> 01:12:05.660] And I'm going to the policeman.
[01:12:05.660 --> 01:12:12.660] I say, here, Mr. Policeman, take me directly to the nearest magistrate.
[01:12:12.660 --> 01:12:15.660] What I'm really saying is I got this little tar baby here.
[01:12:15.660 --> 01:12:16.660] You want to stick to it?
[01:12:16.660 --> 01:12:18.660] Here, touch it.
[01:12:18.660 --> 01:12:23.660] And then when they touch it, I don't tell them that they're stuck to it.
[01:12:23.660 --> 01:12:25.660] They don't know that yet.
[01:12:25.660 --> 01:12:31.660] I was at the Lake Worth, the JP's office, and I asked him some records.
[01:12:31.660 --> 01:12:34.660] They gave me some hassle, but they finally brought them.
[01:12:34.660 --> 01:12:35.660] And I'm looking over them.
[01:12:35.660 --> 01:12:37.660] The JP come over and said, you can't look at those.
[01:12:37.660 --> 01:12:40.660] You're a security risk.
[01:12:40.660 --> 01:12:41.660] A what?
[01:12:41.660 --> 01:12:42.660] A security risk.
[01:12:42.660 --> 01:12:44.660] Yeah, me.
[01:12:44.660 --> 01:12:46.660] Oh, I'm a security risk.
[01:12:46.660 --> 01:12:50.660] So these documents, and I've got one open there in front of me.
[01:12:50.660 --> 01:12:51.660] I've got here.
[01:12:51.660 --> 01:12:52.660] I can't look at them.
[01:12:52.660 --> 01:12:53.660] No, you can't look at them.
[01:12:53.660 --> 01:12:55.660] So I closed them, pushed them across the table.
[01:12:55.660 --> 01:13:00.660] And by the time I did that, the bailiff had kind of sidled up.
[01:13:00.660 --> 01:13:04.660] And I turned to the bailiff, and I said, did you see that?
[01:13:04.660 --> 01:13:07.660] He just said, arrest that woman.
[01:13:07.660 --> 01:13:11.660] And the JP stand about three foot from me on the other side of the glass.
[01:13:11.660 --> 01:13:13.660] They said, why can't I arrest her?
[01:13:13.660 --> 01:13:14.660] This is her court.
[01:13:14.660 --> 01:13:17.660] Oh, no, no, you don't understand.
[01:13:17.660 --> 01:13:20.660] This is my court.
[01:13:20.660 --> 01:13:25.660] And I very generously allow her to administer it according to my law.
[01:13:25.660 --> 01:13:27.660] And she broke one of them.
[01:13:27.660 --> 01:13:30.660] And she did so in your sight and within your hearing.
[01:13:30.660 --> 01:13:33.660] Arrest her.
[01:13:33.660 --> 01:13:35.660] I can't arrest her, George.
[01:13:35.660 --> 01:13:38.660] I have to go officiate in the court.
[01:13:38.660 --> 01:13:40.660] I'll take you down to my boss.
[01:13:40.660 --> 01:13:42.660] That'll work.
[01:13:42.660 --> 01:13:44.660] So we go down to his boss.
[01:13:44.660 --> 01:13:48.660] And I ask, he's the head constable, the elected constable.
[01:13:48.660 --> 01:13:50.660] And he said, well, what can I do for you?
[01:13:50.660 --> 01:13:52.660] I said, my name's Randall Kelton.
[01:13:52.660 --> 01:13:55.660] Arrest him.
[01:13:55.660 --> 01:13:58.660] And the bailiff looked at me like, what?
[01:13:58.660 --> 01:13:59.660] So yeah, he wouldn't arrest her.
[01:13:59.660 --> 01:14:00.660] He said, why would I arrest her?
[01:14:00.660 --> 01:14:02.660] Well, he wouldn't arrest the judge upstairs.
[01:14:02.660 --> 01:14:05.660] Well, first I said, he said, well, why would I arrest him?
[01:14:05.660 --> 01:14:09.660] Well, because I couldn't get him to take his chicken suit off.
[01:14:09.660 --> 01:14:10.660] His what?
[01:14:10.660 --> 01:14:14.660] Jay wouldn't take his chicken suit off and arrest the judge upstairs.
[01:14:14.660 --> 01:14:18.660] And the guy said, I wouldn't arrest him to judge.
[01:14:18.660 --> 01:14:24.660] So the constable said, well, we don't do that.
[01:14:24.660 --> 01:14:27.660] You don't do that what?
[01:14:27.660 --> 01:14:30.660] We don't arrest people.
[01:14:30.660 --> 01:14:35.660] I said, are you guys certified police officers?
[01:14:35.660 --> 01:14:36.660] He said, yes, we are.
[01:14:36.660 --> 01:14:40.660] Oh, he said, we don't arrest people, that's our policy.
[01:14:40.660 --> 01:14:42.660] Are you certified police officers?
[01:14:42.660 --> 01:14:43.660] He said, yes, we are.
[01:14:43.660 --> 01:14:46.660] Then you can take your policy and wipe your behind with it,
[01:14:46.660 --> 01:14:48.660] and in the meantime, arrest him.
[01:14:48.660 --> 01:14:50.660] Well, I'm not going to arrest him.
[01:14:50.660 --> 01:14:56.660] So you're telling me that you're going to refuse to perform your duty
[01:14:56.660 --> 01:15:01.660] as prescribed by Article 2.13 Code of Criminal Procedure.
[01:15:01.660 --> 01:15:05.660] I don't know what that code is, but I'm not going to arrest my constable.
[01:15:05.660 --> 01:15:08.660] Okay, thank you.
[01:15:08.660 --> 01:15:11.660] I go across the street to the sheriff's department.
[01:15:11.660 --> 01:15:14.660] They had a little office over there,
[01:15:14.660 --> 01:15:17.660] and I asked for somebody to arrest the head constable.
[01:15:17.660 --> 01:15:18.660] Yeah.
[01:15:18.660 --> 01:15:20.660] You see how this goes?
[01:15:20.660 --> 01:15:25.660] The constable comes over while I'm waiting for him to dispatch a deputy,
[01:15:25.660 --> 01:15:31.660] and he said, Mr. Kelton, if you want, I can present this to the district attorney.
[01:15:31.660 --> 01:15:35.660] Oh, no, no, no, no, don't do that.
[01:15:35.660 --> 01:15:41.660] I haven't gotten everybody to touch my tar baby yet.
[01:15:41.660 --> 01:15:44.660] He stood there looking at your tar baby.
[01:15:44.660 --> 01:15:49.660] I said, yeah, I got you to touch it, and I got the constable to touch it
[01:15:49.660 --> 01:15:51.660] and the judge to touch it.
[01:15:51.660 --> 01:15:55.660] Now I want to get the sheriff's department to touch it.
[01:15:55.660 --> 01:15:58.660] He just kind of ducked his head, I don't believe this.
[01:15:58.660 --> 01:16:01.660] The sheriff, a captain showed up.
[01:16:01.660 --> 01:16:06.660] He's out of uniform, and I told him, he said, what can I do for you?
[01:16:06.660 --> 01:16:10.660] And I pointed to the head constable, arrest him.
[01:16:10.660 --> 01:16:14.660] He looked at the constable, and the constable just kind of shrugged his shoulders.
[01:16:14.660 --> 01:16:16.660] Ah, you know, what the heck?
[01:16:16.660 --> 01:16:18.660] And he said, well, I could arrest the constable.
[01:16:18.660 --> 01:16:19.660] I said, sure you can.
[01:16:19.660 --> 01:16:22.660] Just take that chicken suit off and then go over there and arrest him.
[01:16:22.660 --> 01:16:25.660] Man, I'm not going to take my chicken suit off.
[01:16:25.660 --> 01:16:28.660] You see, there's something about that.
[01:16:28.660 --> 01:16:31.660] I use that very deliberately.
[01:16:31.660 --> 01:16:37.660] I had once had an officer tell Ken Magnuson's brother, who was a lawyer,
[01:16:37.660 --> 01:16:39.660] that I was agitated.
[01:16:39.660 --> 01:16:45.660] And I told Ken, ask Craig to ask the officer if I got agitated
[01:16:45.660 --> 01:16:50.660] before I told him to take his chicken suit off or after.
[01:16:50.660 --> 01:16:52.660] Jerk.
[01:16:52.660 --> 01:16:55.660] Okay, hang on, Randy Kelton.
[01:16:55.660 --> 01:17:00.660] If you get more, we'll be right back.
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[01:19:01.660 --> 01:19:07.660] This is the Logos, the Logos Radio Network.
[01:19:07.660 --> 01:19:11.660] Network, network, network, network, network, network.
[01:19:13.660 --> 01:19:15.660] Oh, come on.
[01:19:34.660 --> 01:19:36.660] Okay, we are back.
[01:19:36.660 --> 01:19:38.660] It sounds like somebody dropped a trash can.
[01:19:38.660 --> 01:19:44.660] Randy Kelton, Steve Skidmore, Wuvah Radio, and we're talking to Jimmy in Texas.
[01:19:44.660 --> 01:19:47.660] Jimmy, I hope that made sense.
[01:19:47.660 --> 01:19:51.660] It's a different way of thinking about what you're doing.
[01:19:51.660 --> 01:19:57.660] And when you do that, these guys get it really fast.
[01:19:57.660 --> 01:20:00.660] Okay, I understand that part.
[01:20:00.660 --> 01:20:06.660] But the next part is, you know, obviously I have an arraignment.
[01:20:06.660 --> 01:20:08.660] I'm going in without an attorney.
[01:20:08.660 --> 01:20:14.660] And I believe you talked to me earlier in the week and said I needed counsel
[01:20:14.660 --> 01:20:17.660] and to get them to adjudicate.
[01:20:17.660 --> 01:20:19.660] I believe that's what you were saying.
[01:20:19.660 --> 01:20:21.660] Get them to appoint counsel.
[01:20:21.660 --> 01:20:23.660] Get them to appoint counsel.
[01:20:23.660 --> 01:20:26.660] So when I go in there, they're going to ask me to plead.
[01:20:26.660 --> 01:20:28.660] Do I enter a plea?
[01:20:28.660 --> 01:20:32.660] Yes, entering a plea here makes no difference.
[01:20:32.660 --> 01:20:38.660] The only thing it would make a difference to is if you were filing a challenged
[01:20:38.660 --> 01:20:40.660] subject matter jurisdiction.
[01:20:40.660 --> 01:20:45.660] And I haven't heard anything that would get you that particular claim.
[01:20:45.660 --> 01:20:46.660] Okay.
[01:20:46.660 --> 01:20:49.660] So in any case, it makes no difference.
[01:20:49.660 --> 01:20:50.660] Okay.
[01:20:50.660 --> 01:20:52.660] Entering a plea is essentially formality.
[01:20:52.660 --> 01:20:59.660] A court-appointed attorney to follow what I want him to do, you know.
[01:20:59.660 --> 01:21:02.660] Oh, see, they'll appoint somebody who's a new attorney.
[01:21:02.660 --> 01:21:03.660] Correct.
[01:21:03.660 --> 01:21:13.660] And you let him know that he will adequately adjudicate every single due process
[01:21:13.660 --> 01:21:16.660] right you have.
[01:21:16.660 --> 01:21:19.660] Everyone he doesn't, you'll bar-grave him.
[01:21:19.660 --> 01:21:20.660] You might.
[01:21:20.660 --> 01:21:23.660] That will really get his attention.
[01:21:23.660 --> 01:21:28.660] Something else that might get his attention is if prior to meeting this attorney
[01:21:28.660 --> 01:21:37.660] for the first time, print off a copy of the bar rules, the ethics rules.
[01:21:37.660 --> 01:21:39.660] Okay.
[01:21:39.660 --> 01:21:44.660] Rules of professional conduct and hand them to him.
[01:21:44.660 --> 01:21:45.660] Okay.
[01:21:45.660 --> 01:21:50.660] And tell him you've got a copy of them too.
[01:21:50.660 --> 01:21:52.660] That will grab his attention.
[01:21:52.660 --> 01:21:57.660] And that might be a more subtle way of giving him fair warning than saying,
[01:21:57.660 --> 01:21:59.660] I'm going to bar-grave you.
[01:21:59.660 --> 01:22:00.660] Mm-hmm.
[01:22:00.660 --> 01:22:01.660] And the rules of what?
[01:22:01.660 --> 01:22:04.660] The American Bar Association.
[01:22:04.660 --> 01:22:06.660] Go ahead.
[01:22:06.660 --> 01:22:08.660] Rules of professional conduct.
[01:22:08.660 --> 01:22:10.660] Professional conduct, okay.
[01:22:10.660 --> 01:22:12.660] Uh-huh.
[01:22:12.660 --> 01:22:13.660] Thank you.
[01:22:13.660 --> 01:22:17.660] If you're in a federal court, you would, if I was in a federal court,
[01:22:17.660 --> 01:22:20.660] I would use the ABA rules.
[01:22:20.660 --> 01:22:24.660] But if I was in a state court, I would use the state rules.
[01:22:24.660 --> 01:22:27.660] They're the same rules.
[01:22:27.660 --> 01:22:28.660] Okay.
[01:22:28.660 --> 01:22:30.660] It's just one hits a little closer to home.
[01:22:30.660 --> 01:22:32.660] Gotcha.
[01:22:32.660 --> 01:22:38.660] So if he doesn't cooperate, is he failing to perform his duty?
[01:22:38.660 --> 01:22:42.660] Is that basically what's happening now?
[01:22:42.660 --> 01:22:43.660] No.
[01:22:43.660 --> 01:22:47.660] That's the shot that you're putting across his bow.
[01:22:47.660 --> 01:22:51.660] Your lawyer is under contract to you.
[01:22:51.660 --> 01:22:52.660] Mm-hmm.
[01:22:52.660 --> 01:22:56.660] What he does or doesn't do for you is a contractual issue.
[01:22:56.660 --> 01:22:58.660] Okay.
[01:22:58.660 --> 01:23:06.660] What he does or doesn't do before the court with what the standards require him to do
[01:23:06.660 --> 01:23:13.660] as concerns the court may go to going after him for official,
[01:23:13.660 --> 01:23:17.660] claims of official misconduct, official oppression.
[01:23:17.660 --> 01:23:22.660] We talked about it earlier, but it's really kind of iffy whether you can get there.
[01:23:22.660 --> 01:23:23.660] Okay.
[01:23:23.660 --> 01:23:28.660] Another question I have is I only had 13 days of notice from the time they noticed me
[01:23:28.660 --> 01:23:31.660] to the time of my arraignment.
[01:23:31.660 --> 01:23:34.660] I was under the impression they had 30 days.
[01:23:34.660 --> 01:23:36.660] No, seven.
[01:23:36.660 --> 01:23:37.660] Seven days, okay.
[01:23:37.660 --> 01:23:38.660] Yeah, for this one.
[01:23:38.660 --> 01:23:39.660] Okay.
[01:23:39.660 --> 01:23:43.660] But it's not an adversarial hearing.
[01:23:43.660 --> 01:23:44.660] Okay.
[01:23:44.660 --> 01:23:50.660] They're just, the purpose of an arraignment is to determine the identity of the accused
[01:23:50.660 --> 01:23:53.660] and take a plea.
[01:23:53.660 --> 01:23:58.660] When a warrant's issued, a warrant's issued by a magistrate.
[01:23:58.660 --> 01:24:04.660] And the filing of a complaint before a magistrate gives the magistrate jurisdiction
[01:24:04.660 --> 01:24:09.660] for the purpose of holding an examining trial.
[01:24:09.660 --> 01:24:14.660] And at the examining trial, the magistrate will make a determination of probable cause.
[01:24:14.660 --> 01:24:18.660] And that was apparently done in your case because the warrant was issued.
[01:24:18.660 --> 01:24:21.660] But aren't all parties supposed to be at the examining trial?
[01:24:21.660 --> 01:24:22.660] Oh, yeah.
[01:24:22.660 --> 01:24:25.660] Read Chapter 16, Texas Code of Criminal Procedure.
[01:24:25.660 --> 01:24:27.660] I've written that down, Chapter 16.
[01:24:27.660 --> 01:24:28.660] Okay.
[01:24:28.660 --> 01:24:33.660] And then you go to this court and, oh, you can challenge the subject matter jurisdiction
[01:24:33.660 --> 01:24:35.660] of this court.
[01:24:35.660 --> 01:24:36.660] Okay.
[01:24:36.660 --> 01:24:39.660] Because there never was an examining trial.
[01:24:39.660 --> 01:24:40.660] Right, right.
[01:24:40.660 --> 01:24:45.660] And see, when the JP, when she was talking to me, she told me I had a right to an examining
[01:24:45.660 --> 01:24:46.660] trial.
[01:24:46.660 --> 01:24:50.660] But then when I got back home, I started looking it up and I was like, well, an examining trial
[01:24:50.660 --> 01:24:52.660] was supposed to happen before anything.
[01:24:52.660 --> 01:24:56.660] That was exactly what the JP was supposed to be doing.
[01:24:56.660 --> 01:24:57.660] Ah.
[01:24:57.660 --> 01:25:01.660] So file against the JP for official misconduct.
[01:25:01.660 --> 01:25:02.660] Hmm.
[01:25:02.660 --> 01:25:03.660] I got it.
[01:25:03.660 --> 01:25:11.660] The Code of Criminal Procedure in your case would be some, an absolute must for study
[01:25:11.660 --> 01:25:12.660] material.
[01:25:12.660 --> 01:25:15.660] Yeah, I actually used to be a former police officer.
[01:25:15.660 --> 01:25:16.660] Oh, good.
[01:25:16.660 --> 01:25:20.660] I was 24 years old and, you know, I no longer do that.
[01:25:20.660 --> 01:25:22.660] But I'm familiar with the penal code.
[01:25:22.660 --> 01:25:25.660] I'm familiar with the Code of Criminal Procedure, you know, a little bit.
[01:25:25.660 --> 01:25:26.660] Just what they...
[01:25:26.660 --> 01:25:28.660] Be more than a little bit.
[01:25:28.660 --> 01:25:29.660] Read it through.
[01:25:29.660 --> 01:25:30.660] Don't try to understand it.
[01:25:30.660 --> 01:25:31.660] Just read it.
[01:25:31.660 --> 01:25:32.660] Right, right.
[01:25:32.660 --> 01:25:35.660] And then go back and read it a second time.
[01:25:35.660 --> 01:25:39.660] You need to do this kind of in a setting.
[01:25:39.660 --> 01:25:42.660] Sit there and read the whole thing through in a setting and then put it down.
[01:25:42.660 --> 01:25:45.660] And then a few days later, go back and read it through again.
[01:25:45.660 --> 01:25:47.660] It'll go much faster than you think.
[01:25:47.660 --> 01:25:48.660] Yeah.
[01:25:48.660 --> 01:25:55.660] But you'll see it all together in context and you'll know the code better than your lawyer
[01:25:55.660 --> 01:25:57.660] or the prosecutor.
[01:25:57.660 --> 01:25:58.660] Okay.
[01:25:58.660 --> 01:26:04.660] So last Friday is when I got the notice and it was this past Monday I went to the court
[01:26:04.660 --> 01:26:07.660] clerk's office and I read the file, you know.
[01:26:07.660 --> 01:26:11.660] I read some stuff that you had wrote and it said there would be nothing in the file.
[01:26:11.660 --> 01:26:16.660] Well, there was stuff in the file, but there was no original documents in the file.
[01:26:16.660 --> 01:26:18.660] It was all typed up stuff.
[01:26:18.660 --> 01:26:23.660] But I read the affidavit of the officer and there were omissions and there were words
[01:26:23.660 --> 01:26:26.660] put into my mouth, you know, that I didn't say.
[01:26:26.660 --> 01:26:29.660] And so I don't know really how to handle that.
[01:26:29.660 --> 01:26:32.660] Hopefully it doesn't really get that far.
[01:26:32.660 --> 01:26:39.660] Were those words in your mouth material?
[01:26:39.660 --> 01:26:40.660] Excuse me.
[01:26:40.660 --> 01:26:41.660] Say it again.
[01:26:41.660 --> 01:26:44.660] Were the words that were put into your mouth material?
[01:26:44.660 --> 01:26:51.660] Yeah, they were because basically he was saying that I admitted to him that a crime had been
[01:26:51.660 --> 01:26:55.660] committed and I didn't admit that, you know.
[01:26:55.660 --> 01:26:56.660] Okay.
[01:26:56.660 --> 01:27:01.660] Most days, most days our police officers carry body mikes.
[01:27:01.660 --> 01:27:13.660] As in discovery, you might demand a transcript or a copy of the recording from his body mic.
[01:27:13.660 --> 01:27:16.660] There was a phone call that I made to him.
[01:27:16.660 --> 01:27:19.660] He asked me to call him and I made a phone call to him.
[01:27:19.660 --> 01:27:20.660] Okay.
[01:27:20.660 --> 01:27:21.660] And so it was a phone conversation.
[01:27:21.660 --> 01:27:23.660] So there was, I don't know if they reported those or not.
[01:27:23.660 --> 01:27:24.660] I doubted.
[01:27:24.660 --> 01:27:27.660] That's why you should.
[01:27:27.660 --> 01:27:29.660] Texas is a one-party state.
[01:27:29.660 --> 01:27:31.660] You don't have to tell them you're recording it.
[01:27:31.660 --> 01:27:32.660] Just do it.
[01:27:32.660 --> 01:27:33.660] Yes.
[01:27:33.660 --> 01:27:38.660] I mean, it's not going to do you any good now, but for future reference, always record
[01:27:38.660 --> 01:27:39.660] your station.
[01:27:39.660 --> 01:27:44.660] Go on the internet and look for when to talk to the police.
[01:27:44.660 --> 01:27:45.660] Do a search.
[01:27:45.660 --> 01:27:53.660] You will probably find a video of a college professor talking to his students.
[01:27:53.660 --> 01:27:57.660] When do you advise your client to talk to the police?
[01:27:57.660 --> 01:27:58.660] Never.
[01:27:58.660 --> 01:27:59.660] Never.
[01:27:59.660 --> 01:28:00.660] Right.
[01:28:00.660 --> 01:28:01.660] You should watch that.
[01:28:01.660 --> 01:28:06.660] It's really well done and he goes through a lot of examples as to why it never benefits
[01:28:06.660 --> 01:28:07.660] you.
[01:28:07.660 --> 01:28:11.660] Never, ever go to their office for an interview.
[01:28:11.660 --> 01:28:18.660] So also I've been reading a lot of stuff about pro se and it says do not proceed pro se.
[01:28:18.660 --> 01:28:21.660] It says, you know, proceed pro per.
[01:28:21.660 --> 01:28:23.660] Are you familiar with that?
[01:28:23.660 --> 01:28:24.660] Yes.
[01:28:24.660 --> 01:28:27.660] But I don't suggest you, the distinction's irrelevant.
[01:28:27.660 --> 01:28:30.660] I suggest if you're liberties at risk.
[01:28:30.660 --> 01:28:33.660] Getting the facts in the record.
[01:28:33.660 --> 01:28:35.660] Wait, say that again?
[01:28:35.660 --> 01:28:40.660] How about sui juris, you know, about getting facts in the record, my own facts in the record?
[01:28:40.660 --> 01:28:45.660] Sui juris means that you're over 21 and you are sane.
[01:28:45.660 --> 01:28:46.660] Okay.
[01:28:46.660 --> 01:28:50.660] So all of that pro se is fine.
[01:28:50.660 --> 01:28:55.660] You start using those other terms that have no legal effect.
[01:28:55.660 --> 01:28:56.660] Okay.
[01:28:56.660 --> 01:28:57.660] Okay.
[01:28:57.660 --> 01:29:02.660] You are what you are whether you say it in a Latin term or not.
[01:29:02.660 --> 01:29:03.660] Okay.
[01:29:03.660 --> 01:29:07.660] All that will do is tell the, is bias the court against you.
[01:29:07.660 --> 01:29:14.660] Even if the court wants to be fair and honest, it will tend to bias his human being.
[01:29:14.660 --> 01:29:20.660] If you're drafting your own pleadings and responses, they'll know immediately that you're pro se.
[01:29:20.660 --> 01:29:21.660] Right.
[01:29:21.660 --> 01:29:22.660] They'll know.
[01:29:22.660 --> 01:29:24.660] There's no need to tell them what they already know.
[01:29:24.660 --> 01:29:38.660] Make sure if you draft a pleading, you go to the O'Connor's litigation guide and pull the blank from O'Connor's and fill in the blanks.
[01:29:38.660 --> 01:29:39.660] Yeah.
[01:29:39.660 --> 01:29:40.660] O'Connor's.
[01:29:40.660 --> 01:29:44.660] O'Connor's is a primary litigation guide for Texas.
[01:29:44.660 --> 01:29:50.660] And it'll give you a motion of pleading that looks like what the judge expects to see.
[01:29:50.660 --> 01:29:54.660] We do have to move on, we've got four more callers and only two segments.
[01:29:54.660 --> 01:29:55.660] All right.
[01:29:55.660 --> 01:29:56.660] Thank you, Randy.
[01:29:56.660 --> 01:29:59.660] Can I email you with a few...
[01:29:59.660 --> 01:30:02.660] Cover up that tattoo.
[01:30:02.660 --> 01:30:08.660] The FBI is building a database that analyzes body art as a way of identifying people.
[01:30:08.660 --> 01:30:15.660] I'm Dr. Catherine Albrecht and I'll have details on the weird new program the feds call Tattoo Recognition in a moment.
[01:30:15.660 --> 01:30:17.660] Privacy is under attack.
[01:30:17.660 --> 01:30:21.660] When you give up data about yourself, you'll never get it back again.
[01:30:21.660 --> 01:30:26.660] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.660 --> 01:30:28.660] So protect your rights.
[01:30:28.660 --> 01:30:31.660] Say no to surveillance and keep your information to yourself.
[01:30:31.660 --> 01:30:34.660] Privacy, it's worth hanging on to.
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[01:31:16.660 --> 01:31:21.660] Needless to say, this is one more step towards the establishment of a total surveillance state.
[01:31:21.660 --> 01:31:24.660] What's next, microchips for us all?
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[01:33:00.660 --> 01:33:04.660] You are listening to the Logos Radio Network.
[01:33:04.660 --> 01:33:07.660] Logosradionetwork.com.
[01:33:34.660 --> 01:34:01.660] OK, we are back.
[01:34:01.660 --> 01:34:05.660] Randy Kelton, Steve Skidmore, Wheelbarrow Radio, and Jimmy,
[01:34:05.660 --> 01:34:07.660] you were asking about emailing me.
[01:34:07.660 --> 01:34:09.660] Yes, send me an email.
[01:34:09.660 --> 01:34:10.660] Yes, sir.
[01:34:10.660 --> 01:34:14.660] And I'll do what I can to help.
[01:34:14.660 --> 01:34:15.660] I should appreciate it.
[01:34:15.660 --> 01:34:18.660] I know you've got other callers, but I just, you know,
[01:34:18.660 --> 01:34:21.660] I'm still not real clear on everything and, you know,
[01:34:21.660 --> 01:34:23.660] obviously I've got six days.
[01:34:23.660 --> 01:34:27.660] So I just want to be as prepared as I can going into this thing.
[01:34:27.660 --> 01:34:28.660] OK.
[01:34:28.660 --> 01:34:32.660] This is just an arraignment and it's really not an arraignment.
[01:34:32.660 --> 01:34:36.660] It's a hearing for the purpose of determining if you have an attorney.
[01:34:36.660 --> 01:34:37.660] OK.
[01:34:37.660 --> 01:34:40.660] And how long do I have, like, before they set a trial?
[01:34:40.660 --> 01:34:42.660] What's the...
[01:34:42.660 --> 01:34:45.660] Oh, they're not interested in setting a trial for quite a while
[01:34:45.660 --> 01:34:48.660] because they want to work out a deal first.
[01:34:48.660 --> 01:34:52.660] They're going to soften you up for a year or so before they...
[01:34:52.660 --> 01:34:54.660] It's going to be that long, you think?
[01:34:54.660 --> 01:34:55.660] Oh, yeah.
[01:34:55.660 --> 01:34:56.660] Oh, wow.
[01:34:56.660 --> 01:34:57.660] So I've got plenty of time then, huh?
[01:34:57.660 --> 01:34:59.660] Yeah, they're going to want to thump you around
[01:34:59.660 --> 01:35:01.660] and force you to take their deal.
[01:35:01.660 --> 01:35:02.660] OK.
[01:35:02.660 --> 01:35:03.660] Well, I'm not...
[01:35:03.660 --> 01:35:05.660] Take this time to do your homework.
[01:35:05.660 --> 01:35:06.660] Yes, sir.
[01:35:06.660 --> 01:35:09.660] And don't count on them taking a year.
[01:35:09.660 --> 01:35:10.660] Right, right.
[01:35:10.660 --> 01:35:12.660] Pretend like it's next week.
[01:35:12.660 --> 01:35:13.660] Oh, yeah.
[01:35:13.660 --> 01:35:15.660] I'm definitely going to be pretending like that.
[01:35:15.660 --> 01:35:17.660] I want to be as prepared as I can.
[01:35:17.660 --> 01:35:18.660] There you go.
[01:35:18.660 --> 01:35:19.660] OK. Thank you.
[01:35:19.660 --> 01:35:23.660] Randy, before he goes, put out your email address.
[01:35:23.660 --> 01:35:24.660] Oh, he's got it.
[01:35:24.660 --> 01:35:25.660] He's emailed to me before.
[01:35:25.660 --> 01:35:28.660] It's randy at ruleoflawradio.com.
[01:35:28.660 --> 01:35:29.660] Thank you, Randy.
[01:35:29.660 --> 01:35:30.660] Thank you, Steve.
[01:35:30.660 --> 01:35:31.660] Y'all guys have been great.
[01:35:31.660 --> 01:35:32.660] OK.
[01:35:32.660 --> 01:35:33.660] You're welcome, Jimmy.
[01:35:33.660 --> 01:35:34.660] Thank you for calling.
[01:35:34.660 --> 01:35:35.660] Mm-hmm.
[01:35:35.660 --> 01:35:36.660] OK.
[01:35:36.660 --> 01:35:40.660] Now we're going to go to Larry in Arizona.
[01:35:40.660 --> 01:35:41.660] Hello, Larry.
[01:35:41.660 --> 01:35:45.660] What do you have for us today?
[01:35:45.660 --> 01:35:46.660] Hi, Randy.
[01:35:46.660 --> 01:35:49.660] I spoke to you about three weeks ago
[01:35:49.660 --> 01:35:53.660] about sheriff's deputies coming past by no trespassing sign.
[01:35:53.660 --> 01:35:56.660] Oh.
[01:35:56.660 --> 01:35:57.660] I don't recall.
[01:35:57.660 --> 01:35:58.660] What was it?
[01:35:58.660 --> 01:36:02.660] There's a real high probability they're going to be here this weekend.
[01:36:02.660 --> 01:36:04.660] Have you filed a criminal complaint against them?
[01:36:04.660 --> 01:36:06.660] I want to talk to you.
[01:36:06.660 --> 01:36:07.660] Have you filed?
[01:36:07.660 --> 01:36:08.660] What was that?
[01:36:08.660 --> 01:36:10.660] Hold on, hold on.
[01:36:10.660 --> 01:36:15.660] Have you filed criminal charges against them for criminal trespass?
[01:36:15.660 --> 01:36:17.660] Well, no, not prior.
[01:36:17.660 --> 01:36:19.660] But like I say, they should be here.
[01:36:19.660 --> 01:36:21.660] I'm planning on them being here this weekend.
[01:36:21.660 --> 01:36:26.660] And I would just like to run through just what I should do when they appear.
[01:36:26.660 --> 01:36:28.660] Do you have somebody who can...
[01:36:28.660 --> 01:36:30.660] I'll ask them to identify themselves.
[01:36:30.660 --> 01:36:33.660] What are they coming out for?
[01:36:33.660 --> 01:36:35.660] I'll ask them for...
[01:36:35.660 --> 01:36:38.660] What are they coming out for?
[01:36:38.660 --> 01:36:41.660] Something civil or something criminal?
[01:36:41.660 --> 01:36:49.660] There's a county ordinance against shooting firearms and using chainsaws.
[01:36:49.660 --> 01:36:52.660] And we'll be doing both this weekend.
[01:36:52.660 --> 01:36:55.660] Chainsaws?
[01:36:55.660 --> 01:36:59.660] Are you serious? Chainsaws?
[01:36:59.660 --> 01:37:00.660] No, they tried...
[01:37:00.660 --> 01:37:01.660] Good Lord.
[01:37:01.660 --> 01:37:03.660] ...last summer also.
[01:37:03.660 --> 01:37:04.660] Wait a minute.
[01:37:04.660 --> 01:37:08.660] Did you say a county ordinance?
[01:37:08.660 --> 01:37:09.660] Yes.
[01:37:09.660 --> 01:37:17.660] What is your commercial nexus with the county that brings you under their jurisdiction?
[01:37:17.660 --> 01:37:19.660] I think I have one.
[01:37:19.660 --> 01:37:20.660] Pardon me?
[01:37:20.660 --> 01:37:22.660] I don't believe there is.
[01:37:22.660 --> 01:37:28.660] I don't believe there is any connection, but they like to...
[01:37:28.660 --> 01:37:32.660] I mean, what jurisdiction do they have on private property?
[01:37:32.660 --> 01:37:34.660] Well, that's the whole point.
[01:37:34.660 --> 01:37:38.660] You have to have some kind of nexus with them because...
[01:37:38.660 --> 01:37:41.660] Okay, I'm thinking in terms of Texas.
[01:37:41.660 --> 01:37:53.660] Does the Arizona Constitution authorize anyone other than the legislature to make law?
[01:37:53.660 --> 01:37:55.660] Not to my knowledge.
[01:37:55.660 --> 01:38:04.660] Does the Arizona Constitution authorize the legislature to delegate their authority to make law?
[01:38:04.660 --> 01:38:06.660] Not to my knowledge.
[01:38:06.660 --> 01:38:10.660] And these aren't laws, these are corporate rules.
[01:38:10.660 --> 01:38:15.660] The corporation that is the county, these ordinances are passed by the county.
[01:38:15.660 --> 01:38:18.660] They only apply to county officials.
[01:38:18.660 --> 01:38:23.660] So make sure you got someone out there with cameras.
[01:38:23.660 --> 01:38:35.660] Make sure you got enough witnesses and witnesses that aren't engaged in the activity they're going to have an issue about.
[01:38:35.660 --> 01:38:36.660] Okay.
[01:38:36.660 --> 01:38:41.660] And try not to start a fight with the police officers.
[01:38:41.660 --> 01:38:43.660] You want to bushwhack them.
[01:38:43.660 --> 01:38:44.660] Yeah.
[01:38:44.660 --> 01:38:50.660] You want to get this to go as easy as possible.
[01:38:50.660 --> 01:38:59.660] And then when they think it's all over and come back to their office the next day, they got criminal complaints all over the place and tort letters.
[01:38:59.660 --> 01:39:08.660] And once they find out that you will take them on, they tend to not be so quick to want to bother you.
[01:39:08.660 --> 01:39:14.660] But no chainsaws in a county, that doesn't seem to make sense.
[01:39:14.660 --> 01:39:16.660] No, it doesn't.
[01:39:16.660 --> 01:39:22.660] Well, actually it's no internal combustion engines.
[01:39:22.660 --> 01:39:25.660] So you can't drive cars in the county?
[01:39:25.660 --> 01:39:27.660] You can drive your automobile.
[01:39:27.660 --> 01:39:30.660] That doesn't make sense.
[01:39:30.660 --> 01:39:37.660] That would go for weed eaters, lawn mowers, cars, motorcycles.
[01:39:37.660 --> 01:39:42.660] What are you supposed to do, ride tricycle work?
[01:39:42.660 --> 01:39:44.660] I don't know.
[01:39:44.660 --> 01:39:46.660] What county is this?
[01:39:46.660 --> 01:39:48.660] This is what they try to pull.
[01:39:48.660 --> 01:39:51.660] What's that?
[01:39:51.660 --> 01:39:52.660] This doesn't make sense.
[01:39:52.660 --> 01:39:53.660] We're missing something.
[01:39:53.660 --> 01:39:55.660] Excuse me, I didn't get your question.
[01:39:55.660 --> 01:39:57.660] You said what county is this?
[01:39:57.660 --> 01:40:01.660] What they're trying to do is – oh, you have a pie.
[01:40:01.660 --> 01:40:14.660] What they're trying – what they do is they're mixing the county ordinance, they're mixing the national forest rules and everything, and they're just kind of putting them all together.
[01:40:14.660 --> 01:40:18.660] Okay, are you in – is this place where you're at?
[01:40:18.660 --> 01:40:20.660] They're eliminating.
[01:40:20.660 --> 01:40:24.660] Okay, are you in a national forest?
[01:40:24.660 --> 01:40:25.660] No, I'm not.
[01:40:25.660 --> 01:40:27.660] This is private land.
[01:40:27.660 --> 01:40:31.660] This is an old homestead that I'm on.
[01:40:31.660 --> 01:40:33.660] This doesn't make sense.
[01:40:33.660 --> 01:40:34.660] Something's – we're missing something.
[01:40:34.660 --> 01:40:36.660] No, it doesn't.
[01:40:36.660 --> 01:40:38.660] No internal combustion engines.
[01:40:38.660 --> 01:40:43.660] I got this last year.
[01:40:43.660 --> 01:40:45.660] But we had them locked down.
[01:40:45.660 --> 01:40:46.660] Okay, hold on, hold on.
[01:40:46.660 --> 01:40:47.660] Come in after hours.
[01:40:47.660 --> 01:40:49.660] Hold on, hold on.
[01:40:49.660 --> 01:40:52.660] He's not hearing you, Randy.
[01:40:52.660 --> 01:40:54.660] Something's going on.
[01:40:54.660 --> 01:40:55.660] Okay.
[01:40:55.660 --> 01:40:57.660] This makes no sense.
[01:40:57.660 --> 01:41:01.660] And we're missing something.
[01:41:01.660 --> 01:41:08.660] There absolutely cannot be an ordinance that outlaws internal combustion engines.
[01:41:08.660 --> 01:41:11.660] Not in this day and age.
[01:41:11.660 --> 01:41:15.660] Absolutely can't be.
[01:41:15.660 --> 01:41:24.660] Okay, that's what I'm saying. The ordinance is a fire ban, and it shows no direct jurisdiction.
[01:41:24.660 --> 01:41:27.660] Okay, we've never – and fire bans –
[01:41:27.660 --> 01:41:29.660] It only applies to private property.
[01:41:29.660 --> 01:41:33.660] Yeah, we had fire bans in Texas, and I did the research on them.
[01:41:33.660 --> 01:41:36.660] There is no authority for a fire ban.
[01:41:36.660 --> 01:41:42.660] The county has no authority to issue a fire ban.
[01:41:42.660 --> 01:41:45.660] Okay.
[01:41:45.660 --> 01:41:56.660] Okay, now, okay, let's get – you're saying that no internal combustion engines as concerns the fire ban.
[01:41:56.660 --> 01:42:08.660] So there are going to be stipulations as to what kinds of internal combustion engines they're referencing.
[01:42:08.660 --> 01:42:13.660] Isn't that the case, or did they say –
[01:42:13.660 --> 01:42:18.660] What they're doing is the sheriff's office is kind of mowing the two together,
[01:42:18.660 --> 01:42:23.660] because actually the internal combustion ban is for the forest.
[01:42:23.660 --> 01:42:27.660] But these people don't differentiate.
[01:42:27.660 --> 01:42:31.660] It's just whatever we can get them on, we're going to try to get them on.
[01:42:31.660 --> 01:42:35.660] Well, you get to play that same game, and that's their problem.
[01:42:35.660 --> 01:42:37.660] I understand I can beat them in court.
[01:42:37.660 --> 01:42:40.660] But what I'm curious, my biggest question is,
[01:42:40.660 --> 01:42:46.660] what's the best approach to handle them when they appear this weekend?
[01:42:46.660 --> 01:42:48.660] To our baby.
[01:42:48.660 --> 01:42:53.660] Questions do I want to be asking the deputies when they show up?
[01:42:53.660 --> 01:42:55.660] Read the code.
[01:42:55.660 --> 01:43:01.660] If there is an issue with the rules that they're following,
[01:43:01.660 --> 01:43:08.660] you need to go to them on legal requirements that they have.
[01:43:08.660 --> 01:43:14.660] You have a no trespass sign, ask them to leave the property.
[01:43:14.660 --> 01:43:17.660] Oh yeah, there's a no trespass sign at the – yeah.
[01:43:17.660 --> 01:43:20.660] And if this is your property, you can make rules on it.
[01:43:20.660 --> 01:43:25.660] I have a rule on my property, no firearms.
[01:43:25.660 --> 01:43:30.660] You want to come on my property, leave your firearm out there on the street.
[01:43:30.660 --> 01:43:33.660] Bring it on my property.
[01:43:33.660 --> 01:43:38.660] Make your own rules, but just how to handle them, that's kind of a general question.
[01:43:38.660 --> 01:43:40.660] Don't get in a fight with them.
[01:43:40.660 --> 01:43:42.660] Don't argue with them.
[01:43:42.660 --> 01:43:44.660] If they order you to do something, do it.
[01:43:44.660 --> 01:43:48.660] If it's improper, file on them later.
[01:43:48.660 --> 01:43:49.660] Hang on.
[01:43:49.660 --> 01:43:53.660] Randy Kelton, Steve Skidmore, Rule of Law Radio, we'll be right back.
[01:43:53.660 --> 01:44:03.660] You feel tired when talking about important topics like money and politics?
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[01:46:22.660 --> 01:46:51.660] The people come down from the hill
[01:46:51.660 --> 01:47:03.660] Okay, we are back. Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking to Larry in Arizona.
[01:47:03.660 --> 01:47:05.660] He was picking a fight.
[01:47:05.660 --> 01:47:08.660] He was picking a fight. I kind of got the idea of what's going on.
[01:47:08.660 --> 01:47:19.660] They're restricting the use of internal combustion engines that could be considered a fire hazard.
[01:47:19.660 --> 01:47:25.660] And that's understandable if they are in a serious drought condition.
[01:47:25.660 --> 01:47:33.660] However, just because it's reasonable and understandable doesn't make it legal.
[01:47:33.660 --> 01:47:37.660] So look at their right to issue the fire ban.
[01:47:37.660 --> 01:47:43.660] Now, in the county I'm in, there's a county ordinance that says they can issue a fire ban.
[01:47:43.660 --> 01:47:47.660] But there's nothing in state law granting that authority.
[01:47:47.660 --> 01:47:55.660] There's nothing in state law giving them latitude that would encompass that authority.
[01:47:55.660 --> 01:47:58.660] So that's what you would need to look at in Arizona.
[01:47:58.660 --> 01:48:03.660] But when they come out there, do not fight with them.
[01:48:03.660 --> 01:48:05.660] You know, express your...
[01:48:05.660 --> 01:48:13.660] Do I want to challenge? I mean, I want to be asking them if they have a warrant or they have a signed complaint, correct?
[01:48:13.660 --> 01:48:18.660] Yeah, and you do that without challenge, and they say no, and you say that's okay.
[01:48:18.660 --> 01:48:21.660] I just had to ask, and you had to tell me.
[01:48:21.660 --> 01:48:28.660] Let them know that you're following the steps, that you're touching all the right bases.
[01:48:28.660 --> 01:48:34.660] But, you know, these police have learned to do confrontation.
[01:48:34.660 --> 01:48:36.660] They're very good at it.
[01:48:36.660 --> 01:48:39.660] And if you try to compete with them...
[01:48:39.660 --> 01:48:46.660] And they ask me to identify myself, is it appropriate to tell them, no, I'm invoking my fundamental rights?
[01:48:46.660 --> 01:48:49.660] Don't tell them all that to say no.
[01:48:49.660 --> 01:48:52.660] If you don't want to identify yourself, say no.
[01:48:52.660 --> 01:48:56.660] Well, first thing, ask them, am I under arrest?
[01:48:56.660 --> 01:49:00.660] And if they say yes, identify yourself.
[01:49:00.660 --> 01:49:06.660] If they say no, then beat it. My property, get lost.
[01:49:06.660 --> 01:49:09.660] And then, you know, they'll obviously refuse.
[01:49:09.660 --> 01:49:12.660] Just pick your fight.
[01:49:12.660 --> 01:49:17.660] Do you want to have a fight out there with these guys with guns?
[01:49:17.660 --> 01:49:24.660] Guys who are the lowest denominator in the pecking order,
[01:49:24.660 --> 01:49:30.660] they are there because they're not the sharpest knives in the drawer.
[01:49:30.660 --> 01:49:37.660] And they tend to feel that if you fail to comply with what they order you to do,
[01:49:37.660 --> 01:49:41.660] instantly you are a deadly threat to them.
[01:49:41.660 --> 01:49:47.660] Do you really want to get in that fight?
[01:49:47.660 --> 01:49:49.660] My suggestion is pick your battles from a couple.
[01:49:49.660 --> 01:49:55.660] I just want to be able to, you know, demand my rights and demand that they leave the property.
[01:49:55.660 --> 01:49:58.660] Why? Why do you want to be able to do that?
[01:49:58.660 --> 01:50:01.660] I don't know. That's why I'm calling you.
[01:50:01.660 --> 01:50:04.660] I don't want to demand they leave the property?
[01:50:04.660 --> 01:50:08.660] You can make your demand essentially politely
[01:50:08.660 --> 01:50:18.660] so that you don't give them opportunity to say that you were agitated.
[01:50:18.660 --> 01:50:20.660] Okay, I understand that.
[01:50:20.660 --> 01:50:27.660] You say two words they don't like, and they say you were agitated.
[01:50:27.660 --> 01:50:35.660] The first thing I'd like to get an officer to do is give me a tense response.
[01:50:35.660 --> 01:50:41.660] And the first thing I tell him is calm down, don't get agitated.
[01:50:41.660 --> 01:50:50.660] They really hate that because now they know that if they accuse you of being agitated,
[01:50:50.660 --> 01:50:52.660] you get to say, what are you talking about?
[01:50:52.660 --> 01:50:57.660] I ask him to calm down because he was getting agitated.
[01:50:57.660 --> 01:51:04.660] They kind of know you're setting them up, but try not to get in a confrontation with these guys.
[01:51:04.660 --> 01:51:07.660] They've got guns. They're prepared to use their guns.
[01:51:07.660 --> 01:51:14.660] They will use as much force as they want to to force you to comply with them.
[01:51:14.660 --> 01:51:18.660] Now, that may not be right, but that's what you're looking at.
[01:51:18.660 --> 01:51:24.660] You'll see the use of force continuum go from step one to step five real fast.
[01:51:24.660 --> 01:51:27.660] Real fast. Take them on.
[01:51:27.660 --> 01:51:32.660] Go after the file your complaint with the county commissioner's court.
[01:51:32.660 --> 01:51:38.660] The first time they find out you're upset at them is when they have to go to the county commissioner's court
[01:51:38.660 --> 01:51:43.660] and explain why they're being sued by this citizen out here.
[01:51:43.660 --> 01:51:48.660] And they're going to look around and say, he bushwhacked us.
[01:51:48.660 --> 01:51:52.660] That's right, Bubba. You're the chumps on the bottom.
[01:51:52.660 --> 01:51:57.660] I'm the master. I don't mess with the chumps on the bottom.
[01:51:57.660 --> 01:52:05.660] I go for the mayor, the chief of the police, the county commissioner's court judge.
[01:52:05.660 --> 01:52:12.660] We go after these guys, and these guys get real excited when it looks like you're going to sue the county
[01:52:12.660 --> 01:52:18.660] because even if you lose, they lose. You start using up their budget.
[01:52:18.660 --> 01:52:22.660] And in the end, it's all about the money.
[01:52:22.660 --> 01:52:25.660] It's all about politics, but all the politics is driven by money.
[01:52:25.660 --> 01:52:28.660] When the county commissioner's court thinks you're going to sue them,
[01:52:28.660 --> 01:52:34.660] they're going to tell these cops to leave that scoundrel alone.
[01:52:34.660 --> 01:52:36.660] It's costing us too much money.
[01:52:36.660 --> 01:52:44.660] Yeah. Do not expect anybody to do what's right because it's right.
[01:52:44.660 --> 01:52:47.660] There are generally two types of people in this world,
[01:52:47.660 --> 01:52:51.660] those who want to be left alone and those who won't leave them alone.
[01:52:51.660 --> 01:53:01.660] And to be left alone, you need to dip far enough into their billfold to give them incentive to leave you alone.
[01:53:01.660 --> 01:53:05.660] Does that give you what you need?
[01:53:05.660 --> 01:53:09.660] I know it may not give you what you want,
[01:53:09.660 --> 01:53:19.660] but I don't want to hear on the news that there was a bad thing happened in Arizona.
[01:53:19.660 --> 01:53:23.660] Yeah.
[01:53:23.660 --> 01:53:28.660] So go as high as you can. You are the master. They're the servants.
[01:53:28.660 --> 01:53:32.660] So you can go to the highest level judge in the district and complain to him.
[01:53:32.660 --> 01:53:35.660] Just make a nuisance of yourself.
[01:53:35.660 --> 01:53:45.660] Just don't do it with these guys on the bottom who are real good at dealing with confrontation and having no consequences.
[01:53:45.660 --> 01:53:48.660] Smile a lot and be very polite.
[01:53:48.660 --> 01:53:51.660] Be painfully polite.
[01:53:51.660 --> 01:53:55.660] And kick them in their professional britches.
[01:53:55.660 --> 01:53:58.660] Ambush litigation is not allowed in civil cases,
[01:53:58.660 --> 01:54:05.660] but in criminal cases, it is the staple procedure.
[01:54:05.660 --> 01:54:07.660] Okay. We do need to move along.
[01:54:07.660 --> 01:54:10.660] We've got two more callers and only five minutes left.
[01:54:10.660 --> 01:54:13.660] Okay. I'll get off that. Thank you for the information.
[01:54:13.660 --> 01:54:19.660] Okay. I hope I've given you a nod.
[01:54:19.660 --> 01:54:20.660] Go ahead, Steve.
[01:54:20.660 --> 01:54:21.660] Yeah. Thank you.
[01:54:21.660 --> 01:54:23.660] Okay. Thank you for calling, Larry.
[01:54:23.660 --> 01:54:28.660] Okay. We are going to Jerry in Kansas. Hello, Jerry.
[01:54:28.660 --> 01:54:31.660] Good evening, Randy and Steve.
[01:54:31.660 --> 01:54:34.660] And thank you for hanging on so long.
[01:54:34.660 --> 01:54:36.660] No problem.
[01:54:36.660 --> 01:54:40.660] I'm wondering, I'm wanting to pull some children out of the street in Candor High.
[01:54:40.660 --> 01:54:44.660] I was wondering if your open records request was available online.
[01:54:44.660 --> 01:54:46.660] I was wanting to switch over into Kansas.
[01:54:46.660 --> 01:54:59.660] Yes. Go to jurisimprudence.com and top frog on the left, documents and research.
[01:54:59.660 --> 01:55:00.660] Okay.
[01:55:00.660 --> 01:55:03.660] And there will be one folder called blanks.
[01:55:03.660 --> 01:55:04.660] Okay.
[01:55:04.660 --> 01:55:06.660] There will be an information request in there.
[01:55:06.660 --> 01:55:10.660] And I've tried to write that.
[01:55:10.660 --> 01:55:14.660] One of the things about open records is I would go into a court
[01:55:14.660 --> 01:55:19.660] and ask for open records and they'll tell me open records didn't apply.
[01:55:19.660 --> 01:55:27.660] And I did my research and what applies to open records in the court's constitution
[01:55:27.660 --> 01:55:32.660] and the statute that says all courts shall be public.
[01:55:32.660 --> 01:55:37.660] So what I did was change the request around
[01:55:37.660 --> 01:55:44.660] so that I didn't make the request under a named specific statute.
[01:55:44.660 --> 01:55:49.660] I just requested the document, whatever documents I was looking for.
[01:55:49.660 --> 01:55:55.660] And then I had these guys say, well, under what authority are you requesting those?
[01:55:55.660 --> 01:56:00.660] Under any authority that applies, bubba.
[01:56:00.660 --> 01:56:03.660] It applies whether I name it or not.
[01:56:03.660 --> 01:56:09.660] So are you saying these don't fall under any right to access?
[01:56:09.660 --> 01:56:14.660] If so, you withhold them and I'll go see if I can find one.
[01:56:14.660 --> 01:56:16.660] But if you don't put it in the document,
[01:56:16.660 --> 01:56:21.660] they're going to look for any reason to complain about the document that they can.
[01:56:21.660 --> 01:56:23.660] Yeah, or about a city council not wanting to,
[01:56:23.660 --> 01:56:26.660] or a city council or mayor sort of not wanting to.
[01:56:26.660 --> 01:56:32.660] You've got to get an ordinance number or whatever to actually see it
[01:56:32.660 --> 01:56:34.660] and...
[01:56:34.660 --> 01:56:35.660] No, you don't.
[01:56:35.660 --> 01:56:42.660] You have to provide a judge in a trial with law.
[01:56:42.660 --> 01:56:45.660] Everybody else is subject to the law,
[01:56:45.660 --> 01:56:50.660] whether you tell them what law they're subject to or not.
[01:56:50.660 --> 01:56:57.660] I'm going to run a routine on them and see if we can get them to be a little more...
[01:56:57.660 --> 01:56:59.660] Exactly, set them up.
[01:56:59.660 --> 01:57:01.660] This is the tar baby.
[01:57:01.660 --> 01:57:02.660] Yep.
[01:57:02.660 --> 01:57:03.660] Gee whiz, bubba.
[01:57:03.660 --> 01:57:06.660] I sure would like to see those somebody's documents here.
[01:57:06.660 --> 01:57:08.660] You want to show those to me?
[01:57:08.660 --> 01:57:09.660] Well...
[01:57:09.660 --> 01:57:12.660] And he says, you can't see those.
[01:57:12.660 --> 01:57:14.660] Bam, gotcha.
[01:57:14.660 --> 01:57:15.660] Okay.
[01:57:15.660 --> 01:57:16.660] All right.
[01:57:16.660 --> 01:57:17.660] Thank you, Randy.
[01:57:17.660 --> 01:57:18.660] Okay.
[01:57:18.660 --> 01:57:19.660] You are welcome.
[01:57:19.660 --> 01:57:20.660] Bye.
[01:57:20.660 --> 01:57:21.660] Okay.
[01:57:21.660 --> 01:57:26.660] And I keep going back to this tar baby syndrome.
[01:57:26.660 --> 01:57:34.660] And I go to that because we just, as a knee jerk, demand our rights.
[01:57:34.660 --> 01:57:39.660] When they don't do what they're supposed to, just knee jerk comes out.
[01:57:39.660 --> 01:57:41.660] Well, you're supposed to do this.
[01:57:41.660 --> 01:57:43.660] You're supposed to do that.
[01:57:43.660 --> 01:57:44.660] I've got this right.
[01:57:44.660 --> 01:57:45.660] I've got that right.
[01:57:45.660 --> 01:57:48.660] These guys hear that all day every day.
[01:57:48.660 --> 01:57:51.660] And they are not impressed.
[01:57:51.660 --> 01:57:55.660] But when you ask them to do something and they don't,
[01:57:55.660 --> 01:57:58.660] and you go to the next guy and try to get him to arrest that one,
[01:57:58.660 --> 01:57:59.660] what are you going to say, Steve?
[01:57:59.660 --> 01:58:01.660] I stepped on you.
[01:58:01.660 --> 01:58:05.660] No, I was just agreeing with you.
[01:58:05.660 --> 01:58:09.660] You don't let them get you into a confrontation.
[01:58:09.660 --> 01:58:15.660] When they can't get you into a confrontation, they don't know what to do.
[01:58:15.660 --> 01:58:18.660] In psychology, that's called a pattern interruption
[01:58:18.660 --> 01:58:21.660] and one of the most powerful things you can do to someone.
[01:58:21.660 --> 01:58:22.660] Thank you all for listening.
[01:58:22.660 --> 01:58:24.660] We are out of time.
[01:58:24.660 --> 01:58:26.660] We've had way too much fun tonight.
[01:58:26.660 --> 01:58:28.660] Thank you all for listening.
[01:58:28.660 --> 01:58:32.660] We will be back next week, next Thursday and Friday.
[01:58:32.660 --> 01:58:40.660] You might tune in at 8 o'clock Monday for Eddie's traffic seminar, his traffic show.
[01:58:40.660 --> 01:58:44.660] Thank you all for listening and good night.
[01:58:44.660 --> 01:58:50.660] Night, everybody.
[01:58:50.660 --> 01:58:54.660] Bibles for America is offering absolutely free a unique study Bible
[01:58:54.660 --> 01:58:57.660] called the New Testament Recovery Version.
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[01:59:01.660 --> 01:59:04.660] that explain what the Bible says verse by verse,
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