ROL_2014-09-04_16k.timecode

[00:00.000 --> 00:07.960]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.960 --> 00:09.920]  at thelibertybeat.com.
[00:09.920 --> 00:14.920]  I'm Brian Hagan with your Liberty Beat for Thursday, September 4th, 2014.
[00:14.920 --> 00:22.400]  Gold opened today at $1,267, silver opened at $19.14, and Bitcoin is trading around $478.87.
[00:22.400 --> 00:29.200]  Today's Bitcoin price brought to you by Express Coin, the fastest and most reliable way to
[00:29.200 --> 00:30.560]  buy Bitcoin.
[00:30.560 --> 00:33.880]  Buy Bitcoin today at ExpressCoin.com.
[00:33.880 --> 00:37.560]  Support for the Liberty Beat comes from the Michael Cargill for Austin City Council District
[00:37.560 --> 00:38.560]  1 campaign.
[00:38.560 --> 00:41.040]  Vote Michael Cargill to get the cars moving.
[00:41.040 --> 00:44.720]  Learn more or sign up to volunteer at CargillforTexas.com.
[00:44.720 --> 00:48.840]  Political advertisement paid for by the Michael Cargill for Austin City Council District 1
[00:48.840 --> 00:49.840]  campaign.
[00:49.840 --> 00:53.680]  In the news, earlier this week, the Travis County Democratic Party held a forum on police
[00:53.680 --> 00:57.320]  brutality and Austin Police Department's use of deadly force policy.
[00:57.320 --> 01:01.640]  The panel included APD Chief Art Acevedo, Austin Police Association President Wayne
[01:01.640 --> 01:08.320]  Vincent, NAACP Chapter President Nelson Linder, and Police Monitor Margot Frazier, among others.
[01:08.320 --> 01:11.360]  During the panel, the topic of body cameras arose.
[01:11.360 --> 01:15.600]  As reported by KXAN, Chief Acevedo told the audience that he will present the council
[01:15.600 --> 01:18.960]  a proposal within the next year for the cameras.
[01:18.960 --> 01:22.500]  This isn't the first time the prospect of cameras for Austin police officers has been
[01:22.500 --> 01:23.680]  on the table.
[01:23.680 --> 01:28.440]  Back in 2011, APD tested out head cameras on several officers, but later decided against
[01:28.440 --> 01:32.800]  the acquisition due to what they said were budget constraints and potential technology
[01:32.800 --> 01:33.800]  issues.
[01:33.800 --> 01:39.320]  A coalition of activists, researchers, family members, and at least one survivor of the
[01:39.320 --> 01:44.600]  9-11 attacks will be involved with three days of events in New York City to mark the 13th
[01:44.600 --> 01:47.240]  anniversary of the September 11th attacks.
[01:47.240 --> 01:52.740]  The groups Ground Zero 911 and Architects and Engineers for 9-11 Truth are hosting a documentary
[01:52.740 --> 01:58.120]  screening, a speaker symposium, a music event, and outreach at several locations including
[01:58.120 --> 02:02.920]  Ground Zero, the 9-11 Memorial Museum, and Times Square.
[02:02.920 --> 02:06.520]  Architects and Engineers for 9-11 Truth have also purchased a billboard outside of the
[02:06.520 --> 02:10.480]  New York Times that asks what happened to World Trade Center 7.
[02:10.480 --> 02:16.260]  The 47-story tall building fell on September 11th, despite not being hit by a plane.
[02:16.260 --> 02:21.040]  For more information on the anniversary events, visit GroundZero911.com.
[02:21.040 --> 02:25.400]  Support for the Liberty Beat comes from Cabo Bops, Southwestern-style burritos, now with
[02:25.400 --> 02:31.120]  two locations in Austin, 500 East Bend White Blvd and 2828 Rio Grande Blvd.
[02:31.120 --> 02:33.440]  Find them online at CaboBops.com.
[02:33.440 --> 02:37.400]  And support comes from Sovereign Living, a podcast, blog, and reality show about what
[02:37.400 --> 02:39.720]  it takes to live a voluntary and natural life.
[02:39.720 --> 02:43.760]  Check out the blog SovereignLiving.com and watch episode one of the soon-to-be-released
[02:43.760 --> 02:46.960]  reality show at SovereignLiving.tv.
[02:46.960 --> 02:51.260]  This is the Liberty Beat for Thursday, September 4th, 2014.
[02:51.260 --> 02:56.320]  Check out the website at TheLibertyBeat.com and like us on Facebook at Facebook.com The
[02:56.320 --> 03:22.720]  Liberty Beat.
[03:26.820 --> 03:35.700]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:35.700 --> 03:43.820]  When you were eight and you had bad traits, You go to school and learn the golden rule.
[03:43.820 --> 03:46.320]  So why are you acting like a bloody fool?
[03:46.320 --> 03:49.120]  If you get hot then you must get cool!
[03:49.120 --> 03:54.160]  Bad boys, bad boys, what are you gunna do What are you gunna do when they come for
[03:54.160 --> 03:55.160]  you?
[03:55.160 --> 03:59.440]  Bad boys, bad boys, what are you gunna do What are you gunna do when they come for
[03:59.440 --> 04:00.440]  you?
[04:00.440 --> 04:22.900]  Chuckles.
[04:22.900 --> 04:28.560]  Howdy howdy Randy Kelton, Deborah Stevens, Root of Law Radio on this Thursday
[04:28.560 --> 04:35.760]  Thursday, the fourth day of September, can we be well over halfway through the year already?
[04:37.120 --> 04:46.080]  Downright scary, had a great Labor Day weekend, went to a family reunion, and for the first time
[04:47.440 --> 04:53.200]  in 30-something years, I went to the family reunion and nobody thought I was dead.
[04:53.200 --> 04:58.880]  And that was kind of nice. Up to that point,
[04:59.840 --> 05:05.520]  every time I go to a family reunion, I get people looking at me all wide-eyed and saying,
[05:05.520 --> 05:10.560]  I thought you were dead. It was kind of interesting the first couple of times,
[05:10.560 --> 05:18.480]  but after a while it got old. When I was in Vietnam, I brought my twin brother's body back.
[05:18.480 --> 05:26.800]  And we were living in Chicago at the time and everybody in Tennessee seemed to think it was me.
[05:28.080 --> 05:33.120]  Maybe it's because most of them knew me and figured if any of us would get killed,
[05:33.120 --> 05:39.840]  it would be me and not my twin brother. But this time, everybody knew I was alive,
[05:39.840 --> 05:45.840]  it was nice to see and had a great time. And speaking of Memorial Day, we don't
[05:45.840 --> 05:55.920]  give that as much credit and credence as I believe we should, that the prices our vets paid,
[05:57.440 --> 06:04.880]  you got, if you're not a vet, you have no idea. I had some people recently complaining about
[06:04.880 --> 06:16.400]  what it's costing to provide health insurance for vets. And I was a bit offended by that
[06:18.000 --> 06:26.320]  because that's not charity, that's contract. When these people who were complaining were sitting
[06:26.320 --> 06:33.200]  back watching the football games and deciding what they were going to do on the weekend next week,
[06:33.200 --> 06:40.560]  we were in places we don't even like to talk about. So, I'm not going to say much about
[06:40.560 --> 06:48.560]  Memorial Day other than we don't give, we seem not to give the vets enough credit.
[06:51.120 --> 06:55.120]  Since I'm one of them, I'm going to stay away from that subject. I did want to talk about due
[06:55.120 --> 07:05.840]  process. I went to court today, and they had your classic cattle call, arraignment hearing,
[07:07.360 --> 07:15.440]  where they call you in for an arraignment, it's really not for an arraignment. It's for the
[07:15.440 --> 07:20.240]  purpose of having you meet with the prosecutor, show that the prosecutor can take you into an
[07:20.240 --> 07:30.960]  office and browbeach you into taking a deal. And in this case, this is in the county I live in,
[07:30.960 --> 07:44.160]  and frankly, we tend to have probably as good a prosecutor and judges here as we have anywhere in
[07:44.160 --> 07:53.440]  the state. But still, they follow these procedures, these procedures designed to force
[07:54.000 --> 08:04.080]  everyone accused of crime into taking a deal. And if you go to jurisimprudence.com, that's one of
[08:04.080 --> 08:11.200]  my websites, on there I have a document, I've got a bunch of frogs on there, I call this
[08:11.200 --> 08:20.320]  the frog farm conspiracy. Top frog on the left will take you to a habeas corpus
[08:21.360 --> 08:29.600]  document I wrote for a kid in jail in Corsicana, in Williamson County, not Williamson County,
[08:29.600 --> 08:38.400]  Montgomery County. And it walks through due process and demonstrates with what a law
[08:38.400 --> 08:47.680]  lawyer would call specificity and particularity, how every step from arrest to trial is presently
[08:47.680 --> 08:54.560]  practiced in the criminal justice system in the state of Texas, is not only wrong, it is very
[08:54.560 --> 09:04.320]  specifically against particular law. And not just that it is against particular law, but it is
[09:04.320 --> 09:14.000]  against particular law for a very specific purpose. Every step has been carefully crafted
[09:15.200 --> 09:24.000]  to put a person accused of crime in a position such that he will have no reasonable option but
[09:24.000 --> 09:32.000]  to take the deal offered by the prosecutor. The last time I went through the records,
[09:32.000 --> 09:40.000]  Wyse County, Texas, this was a number of years ago, and in the first six months of the year,
[09:40.000 --> 09:50.800]  they had 1,653 felony indictments brought. Of those 1,653 felony indictments,
[09:50.800 --> 09:59.760]  one pled not guilty by the court record. Now, do you really believe that all of these people
[09:59.760 --> 10:08.080]  accused of felony crimes felt like they were guilty? Have you ever met someone who was accused
[10:08.080 --> 10:15.280]  of a felony crime and said, oh yeah, I'm guilty of sin? For the most part, when I talked to somebody
[10:15.280 --> 10:20.960]  accused of a crime, they swear on their mother's grave that they're innocent as the driven snow,
[10:20.960 --> 10:32.640]  so what's the deal here? What is going on here? And the problem with this is the prosecutor who
[10:32.640 --> 10:39.760]  is implementing these practices and procedures. And these are procedures primarily carried out
[10:39.760 --> 10:48.880]  by the prosecutor. Some complicity with the courts. The complicity in this case was where the court
[10:48.880 --> 11:00.400]  called in a hearing to hold an arraignment. An arraignment is a hearing for the purpose of determining
[11:00.400 --> 11:08.720]  the identity of the accused taking a plea, and that's it. But that's not the real reason they
[11:08.720 --> 11:15.520]  called people in. They called people in for an arraignment, and then started out the procedure
[11:15.520 --> 11:20.880]  by telling them that they would meet with the prosecuting attorney. And then when they met with
[11:20.880 --> 11:28.560]  the prosecuting attorney, the prosecutor and the judge set conditions that they would meet with the
[11:28.560 --> 11:35.120]  prosecutor and the judge set conditions on how the meeting would be held. Well, here's the problem
[11:35.120 --> 11:42.320]  with that. If the prosecutor wants to meet with me, the prosecutor can set an appointment.
[11:44.800 --> 11:52.000]  In 28.01 Texas Code of Criminal Procedure, the legislature laid out all of those things
[11:52.000 --> 12:00.400]  that a judge can order a person to come to court for. To meet with the prosecuting attorney is not
[12:00.400 --> 12:07.040]  one of them. But they do it anyway. For the most part, people don't have a clue. And in this case,
[12:07.040 --> 12:16.880]  the person came in to meet with the prosecutor and then wanted a counsel with him in this hearing,
[12:16.880 --> 12:22.720]  in this meeting. And the prosecutor told him that he could not have counsel.
[12:23.520 --> 12:31.520]  And in this case, counsel was not a lawyer, but was counsel of choice as guaranteed by
[12:31.520 --> 12:38.720]  constitution, which was his mother. And the prosecutor told him that he could not have
[12:38.720 --> 12:48.880]  anyone in the room with him. Well, he stated that under the color of his authority as a public
[12:48.880 --> 13:00.720]  officer. And in effect, exerted the authority to prevent anyone from being in the hearing,
[13:00.720 --> 13:11.040]  being in the hearing other than the prosecutor. That is not an authority the prosecutor has.
[13:12.720 --> 13:21.600]  So the prosecutor exerted or purported to exert an authority he did not expressly have. And in the
[13:21.600 --> 13:33.760]  process, denied the defendant in the presence of counsel of choice. The way I read the penal code
[13:33.760 --> 13:41.520]  of the state of Texas, that's a Class A misdemeanor in Texas. If a public official exerts or purports
[13:41.520 --> 13:48.080]  to exert an authority they did not expressly have, and in the process denies a citizen full
[13:48.080 --> 13:52.240]  free access to enjoyment of right. That's a Class A misdemeanor in the state of Texas.
[13:53.360 --> 13:58.400]  But what's the guy going to do? You know, he's being
[14:01.200 --> 14:04.240]  prosecuted for a criminal act that could put him in prison.
[14:05.840 --> 14:13.360]  The prosecutor has a lot of leverage, and he can use that leverage in order to coerce someone
[14:13.360 --> 14:22.240]  into giving up their rights. Now in saying that, I'm not saying that the prosecutor who did this
[14:22.240 --> 14:29.520]  is some kind of bad guy. Prosecutor who did this probably doesn't know any better.
[14:31.520 --> 14:39.520]  I suspect that the prosecutor who did this thinks he has the right to do precisely what he did.
[14:39.520 --> 14:47.440]  I have no doubt that he was acting in the best of faith toward the efficient adjudication of cases.
[14:48.480 --> 15:00.160]  Well, the penal code and code of criminal procedure are not about the efficient adjudication of cases.
[15:00.160 --> 15:09.520]  They are about due process, something to which everyone in the country has a statutory and
[15:09.520 --> 15:19.440]  constitutional right. So what do we do? You got a guy here who's just been forced into an
[15:19.440 --> 15:24.960]  unconscionable deal, forced into a deal when he could have done a lot better. He could have told
[15:24.960 --> 15:31.040]  the prosecutor to go scratch. You know, the last time I was prosecuted, they called me in to meet
[15:31.040 --> 15:38.240]  with the prosecutor, and I told him, oh, he's the persecuting attorney. I don't talk to persecutors.
[15:39.920 --> 15:42.960]  And they didn't know what to do. They hadn't had anything to do that before.
[15:44.320 --> 15:49.440]  They're used to people being like little sheep, not knowing any better, just doing whatever they
[15:49.440 --> 15:58.160]  tell them. And the prosecutor got all upset and excited. I didn't care what he did. And when I
[15:58.160 --> 16:02.560]  didn't care what he did, his tune changed dramatically. You know, first they started
[16:02.560 --> 16:07.440]  making threats of all the bad things that are going to happen to me. And I asked the prosecutor,
[16:08.480 --> 16:17.440]  are you going to take extra action against me for the purpose of punishing you? And he said,
[16:17.440 --> 16:23.440]  are you going to take extra action against me for the purpose of punishing me because I exercised
[16:23.440 --> 16:31.440]  the right? That's when she took a really deep breath and changed her tune really fast. The only
[16:31.440 --> 16:38.880]  way we can protect our rights is to know them. If we don't know them, prosecutors and judges and
[16:38.880 --> 16:48.400]  judges will presume that you waive them. And this show is about knowing them so that you don't waive
[16:48.400 --> 16:54.480]  them. Randy Kelton, Debra Stevens, we have our radio. I call it number 512-646-1984. Doug,
[16:54.480 --> 16:58.880]  is he there? We'll pick you up when we come back on the other side. We'll be right back.
[17:00.640 --> 17:06.560]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
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[19:22.560 --> 19:31.680]  Look what we got. Who reacts to questions? I wonder why they don't have the answer.
[19:34.160 --> 19:42.560]  Who reacts to questions? Look what we got. And they don't have the answer. I'm so
[19:42.560 --> 19:53.480]  bad sleeping stereotype. How they want to make it easy? They talk way too politically and they
[19:53.480 --> 19:58.240]  do mad and ugly. They're not standing up and fighting. Fight for freedom and be free.
[19:58.800 --> 20:03.520]  Ponder they got hand- shrimp. And they get hand out from the government.
[20:03.520 --> 20:06.520]  We ask the Christians.
[20:06.520 --> 20:11.520]  And they don't have the answers.
[20:11.520 --> 20:14.520]  Open your body.
[20:14.520 --> 20:16.520]  We ask the Christians.
[20:16.520 --> 20:18.520]  And look what we get.
[20:18.520 --> 20:21.520]  And they don't have the answers.
[20:21.520 --> 20:23.520]  I'm sloping, slipping, sliding.
[20:23.520 --> 20:33.520]  Here and me, they may tear you, they may tear me, Lord, they may tear up the country.
[20:33.520 --> 20:38.520]  They don't tear up the constitution, they don't rip it in three, they don't give a damn about me.
[20:38.520 --> 20:43.520]  You don't see how this country, how they may lead we, they may lead we, you see.
[20:43.520 --> 20:48.520]  Like we're blind and we're crazy, they're leading with destruction, you see.
[20:48.520 --> 20:53.520]  Nuclear weapon and big gun, they may point on the country all around me.
[20:53.520 --> 20:58.520]  Here and me, they may tear you, they may tear me, Lord, they may tear up the country.
[20:58.520 --> 21:04.520]  Here and me, they may tear you, they may tear me, Lord, they may tear up the country.
[21:04.520 --> 21:06.520]  Okay, howdy, howdy.
[21:06.520 --> 21:10.520]  Randy Kelton, Deborah Stevens, who rules our radio.
[21:10.520 --> 21:14.520]  And we're going to Doug in Indiana.
[21:14.520 --> 21:16.520]  Hello, Doug.
[21:16.520 --> 21:17.520]  Hello.
[21:17.520 --> 21:20.520]  What have you got for us today?
[21:20.520 --> 21:26.520]  Well, I've got a doozy here and I'll try to be quick and along.
[21:26.520 --> 21:29.520]  Wait a minute, you're fading out here.
[21:29.520 --> 21:34.520]  It sounds like you're moving away from your mic.
[21:34.520 --> 21:36.520]  Okay, I'm outside.
[21:36.520 --> 21:43.520]  I live way out in the country, probably hearing all the crickets and everything.
[21:43.520 --> 21:47.520]  Okay, it might have been a hillbilly or something in the background.
[21:47.520 --> 21:49.520]  Yeah, okay.
[21:49.520 --> 21:53.520]  I'm a retired veteran, 26 years.
[21:53.520 --> 21:58.520]  And after I retired, I got injured during Operation Iraqi Freedom.
[21:58.520 --> 22:05.520]  I took Uncle Sam up on his money and I went to college, got a degree in political science,
[22:05.520 --> 22:08.520]  and then decided to go to law school.
[22:08.520 --> 22:10.520]  Don't hit me.
[22:10.520 --> 22:17.520]  I was going to say, you poor man, something in your military career
[22:17.520 --> 22:21.520]  must have caused some temporary derangement.
[22:21.520 --> 22:23.520]  But we'll let that go.
[22:23.520 --> 22:24.520]  Okay.
[22:24.520 --> 22:29.520]  Hard landing, jumping out of planes.
[22:29.520 --> 22:36.520]  But anyway, I have three friends of mine I've been helping.
[22:36.520 --> 22:40.520]  And I haven't even taken the bar exam yet.
[22:40.520 --> 22:43.520]  I can't make up my mind if I actually want to,
[22:43.520 --> 22:48.520]  because I don't want my first duty to be to the court.
[22:48.520 --> 22:54.520]  And anyways, they're all having child support issues.
[22:54.520 --> 22:59.520]  And this guy was making over $180,000 a year.
[22:59.520 --> 23:01.520]  He's an electrical contractor.
[23:01.520 --> 23:05.520]  He has a PhD in electrical engineering.
[23:05.520 --> 23:11.520]  He went overseas to do some contract with the government.
[23:11.520 --> 23:16.520]  And while he was gone, he missed three or four child support payments.
[23:16.520 --> 23:22.520]  So when he returned, he found out that the court had taken away his contractor's license
[23:22.520 --> 23:29.520]  and his driver's life, half court, and whole nine yards.
[23:29.520 --> 23:37.520]  And now they've got him reduced to where he can't work because he doesn't have his license anymore.
[23:37.520 --> 23:44.520]  And he can't find a job because in Indiana you have to have a valid license to gain employment.
[23:44.520 --> 23:52.520]  So they threw him in jail for 180 days on contempt of court.
[23:52.520 --> 23:57.520]  And I went in the day of court and tried to represent him.
[23:57.520 --> 24:03.520]  And we had a properly executed, limited power of attorney.
[24:03.520 --> 24:08.520]  But the judge just absolutely refused to even accept it.
[24:08.520 --> 24:17.520]  And basically went on to explain to me, you know, this is a bar and you can't come past it and all this crap.
[24:17.520 --> 24:23.520]  Basically told me if I don't leave on my own, you're going to have the bailiff throw me out.
[24:23.520 --> 24:29.520]  So did you charge the judge with aggravated assault?
[24:29.520 --> 24:38.520]  I'm working on that. I filed it.
[24:38.520 --> 24:42.520]  But they went in and put him in jail.
[24:42.520 --> 24:47.520]  And the day after that, two days after that, I filed a motion to correct there.
[24:47.520 --> 24:51.520]  So we could sit up and start the appeals process.
[24:51.520 --> 24:59.520]  And the judge called him in to court the next day after I filed the motion to correct there.
[24:59.520 --> 25:10.520]  And in it, I stated that he no longer holds the keys to his own cell that the court does because they've taken away his ability to work.
[25:10.520 --> 25:18.520]  And, you know, it's a simple solution, the issue is to give him back his license so he can work and face the court.
[25:18.520 --> 25:23.520]  It was about a four-page motion to correct there.
[25:23.520 --> 25:32.520]  And the judge looked at him and told him, he said, I'm going to deny you a motion to correct there, but I'm going to let you out of jail.
[25:32.520 --> 25:43.520]  And about a week after that, one of my professors told me that the prosecutor had called him asking him some questions about me.
[25:43.520 --> 25:51.520]  And I got a call a few days ago to come into the prosecutor's office.
[25:51.520 --> 25:58.520]  So I went into the prosecutor's office. And when he walked out to talk to me, he said, he said, I need to speak to you.
[25:58.520 --> 26:03.520]  And I said, I'm sorry, but I don't speak to prosecuting attorneys.
[26:03.520 --> 26:15.520]  He said, you know, so he gave me the right act about what he could do to me for representing people in court without an attorney's license and all that crap.
[26:15.520 --> 26:25.520]  And I just more or less turned around and said, you know, you do what you think you got to do, and walked out and lifted at that.
[26:25.520 --> 26:35.520]  Now I'm wondering, because I've never had to defend myself against this unauthorized practice of law and all that junk.
[26:35.520 --> 26:43.520]  What does the statute say in Indiana about unauthorized practice of law?
[26:43.520 --> 26:52.520]  It just says basically anybody without a bar membership that's not been approved to the bar can't practice law.
[26:52.520 --> 26:56.520]  No, no, OK, no, no, that's too general.
[26:56.520 --> 27:04.520]  It must be it has to be more specific. What constitutes the practice of law?
[27:04.520 --> 27:09.520]  I would have to get on my computer and actually look at this.
[27:09.520 --> 27:13.520]  This is what I'm going to suggest. Pull find the statute really carefully.
[27:13.520 --> 27:36.520]  What the statute says in Texas is thirty eight point one twenty three. It says nobody may hold himself out as a lawyer and or represent someone in court on a matter of personal injury or property damage.
[27:36.520 --> 27:43.520]  OK, that's it. Similar to that here. I remember that. Of course, that that is all.
[27:43.520 --> 27:57.520]  So if the prosecutor called you in and made threats against you, look at you're going to have a statute of official misconduct or official oppression.
[27:57.520 --> 28:06.520]  You should file against him for which Texas has both. Most states just have official misconduct.
[28:06.520 --> 28:24.520]  Texas has to official misconduct in Texas for the most part goes to a public official abusing his office by misappropriation of public funds or misuse of public equipment.
[28:24.520 --> 28:33.520]  Like if the road commissioner used a backhoe to dig his own septic tank, that would be facial misconduct.
[28:33.520 --> 28:45.520]  Or if he misappropriated funds into his own pocket and and in Texas and thirty and that's thirty nine oh two.
[28:45.520 --> 29:07.520]  Thirty nine oh one, I think. Yeah, for good. But thirty nine oh three is official oppression and every state will have a statute that reflects thirty nine oh three because thirty nine oh three as it exists in Texas is actually a representation of the Ku Klux Klan Act.
[29:07.520 --> 29:24.520]  And the Ku Klux Klan Act has been codified into law as 18 U.S. Code 242 and forty three U.S. Code forty two U.S. Code 1983.
[29:24.520 --> 29:36.520]  Most of us are familiar with forty two U.S. Code 1983. That's the one that gives you the power to sue a public official.
[29:36.520 --> 29:43.520]  The one we seldom hear about is the first portion of the Ku Klux Klan Act.
[29:43.520 --> 29:48.520]  And that makes it a crime. I'll get to that in a little more detail when I get back.
[29:48.520 --> 30:02.520]  Randy Kelton, Deborah Stevens, Rule of Our Radio, our call in number 512-646-1984. We'll be right back.
[30:02.520 --> 30:09.520]  A cup of Joe may keep your eyes open during late night study sessions, but that's not all it may be doing to your exhausted eyes.
[30:09.520 --> 30:15.520]  I'm Dr. Catherine Albrecht back with some bad news about coffee and the health of your vision after this.
[30:15.520 --> 30:21.520]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:21.520 --> 30:26.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.520 --> 30:34.520]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
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[30:44.520 --> 30:52.520]  Coffee's got lots of perks. It lowers the risk of type 2 diabetes, colon cancer, gallstones, and Parkinson's disease.
[30:52.520 --> 31:00.520]  But a new study shows drinking too much can increase your chances for something else, glaucoma, the second leading cause of blindness.
[31:00.520 --> 31:08.520]  Harvard researchers looked at decades of data from tens of thousands of people and found that adults who drank three or more cups of coffee a day
[31:08.520 --> 31:14.520]  were a third more likely to develop glaucoma, a crippling disease that damages the optic nerve.
[31:14.520 --> 31:21.520]  It's apparently not the caffeine. The study found no link at all between glaucoma and other caffeinated beverages.
[31:21.520 --> 31:24.520]  So in that case, how about a spot of tea?
[31:24.520 --> 31:52.520]  This is Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:54.520 --> 32:01.520]  Time and money. Call 888-910-4367 only at mqsa.org.
[32:01.520 --> 32:05.520]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:05.520 --> 32:10.520]  In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society,
[32:10.520 --> 32:13.520]  then we're going to have to stand and defend our own rights.
[32:13.520 --> 32:17.520]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:17.520 --> 32:20.520]  and most importantly, the right to due process of law.
[32:20.520 --> 32:25.520]  Public courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[32:28.520 --> 32:33.520]  has put together the most comprehensive teaching tool available that will help you understand what due process is
[32:33.520 --> 32:35.520]  and how to hold courts to the rule of law.
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[33:24.520 --> 33:45.520]  When you're gonna stop abuse, your power When you're gonna stop abuse, your power
[33:45.520 --> 33:56.520]  When you're gonna stop abuse, your power When you're gonna stop abuse, your power
[33:56.520 --> 34:01.520]  So please Mr. Macklin, teach officers not to abuse their power
[34:01.520 --> 34:07.520]  Send a request to the leader, the captain of all officers
[34:07.520 --> 34:12.520]  Tell them to uphold the law and please don't abuse their power
[34:12.520 --> 34:18.520]  They beat and they beat and they cheat and they cheat and they lie every hour
[34:18.520 --> 34:23.520]  So Mr. Officer, please stop abusing your power
[34:23.520 --> 34:29.520]  You pull me over and tell me to be silent, sir
[34:29.520 --> 34:37.520]  Okay, we are back. Randy Kelton, Deborah Stevens, ruleoflawradio, and we're talking to Doug in Texas.
[34:37.520 --> 34:45.520]  Okay, I had a little issue on the break with technical issue and I lost to where I was.
[34:45.520 --> 34:48.520]  We were talking about the Ku Klux Klan Act.
[34:48.520 --> 34:52.520]  Oh, the Ku Klux Klan Act, right. Ku Klux Klan Act.
[34:52.520 --> 34:58.520]  The second half of the Ku Klux Klan Act authorizes you to sue a public official.
[34:58.520 --> 35:01.520]  If the public official exerts or purports their exerted authority,
[35:01.520 --> 35:05.520]  doesn't express their have and in the process denies you the full free access to enjoyment of a right.
[35:05.520 --> 35:07.520]  That's the second half.
[35:07.520 --> 35:17.520]  The first half makes it a crime for a public official to exert or purport to exert an authority he doesn't have.
[35:17.520 --> 35:26.520]  I don't think these officials understand the gravity of their behavior.
[35:26.520 --> 35:38.520]  Where the prosecuting attorney called you into his office and threatened to take an action against you that he has no power to take.
[35:38.520 --> 35:45.520]  And in this case, you acted as a witness in the case.
[35:45.520 --> 35:51.520]  I would consider that tampering with the witness obstruction of justice.
[35:51.520 --> 36:07.520]  Whether it is that or not, it is an act on the part of the prosecutor to exert or purport to exert an authority he does not expressly have.
[36:07.520 --> 36:13.520]  If the prosecutor had knowledge that you had committed a criminal act,
[36:13.520 --> 36:23.520]  he did not have discretion to decide whether he wanted to do his job or whether he did not want to do his job.
[36:23.520 --> 36:26.520]  He had a specific duty.
[36:26.520 --> 36:34.520]  So either he committed misfeasance in office by failing to perform a duty he was required to perform.
[36:34.520 --> 36:41.520]  Or he exerted or purported to exert an authority he did not expressly have.
[36:41.520 --> 36:51.520]  And under the Ku Klux Klan Act, where in the process he denied you in the full free access to enjoyment of right,
[36:51.520 --> 36:59.520]  that's a crime in the Fed and every state has a statute that reflects it.
[36:59.520 --> 37:08.520]  And they're almost all precisely the same. They use almost exactly the same language.
[37:08.520 --> 37:20.520]  So I would suggest that you file official misconduct against the prosecutor and run the routine on them.
[37:20.520 --> 37:26.520]  I'm here in Texas and I've been helping people for a long time.
[37:26.520 --> 37:30.520]  I don't get paid for it.
[37:30.520 --> 37:38.520]  I don't represent them in court and I don't hold myself out as an attorney.
[37:38.520 --> 37:47.520]  Now, I'm about to write, I'm trying to get Mike Handel to write a amicus brief in the Governor Perry case.
[37:47.520 --> 37:55.520]  But if he can't get to it, I'll write the brief and I'll file an amicus curiae brief and I can do that.
[37:55.520 --> 38:03.520]  And you can do the same thing. If you file your document in the form of an amicus curiae,
[38:03.520 --> 38:09.520]  the prosecutor can effectively kiss your behind because he has nothing to say about it.
[38:09.520 --> 38:15.520]  And if he does say something about it, he's not like you or I.
[38:15.520 --> 38:21.520]  We're just people and we can huff and puff and bluster all we want to.
[38:21.520 --> 38:31.520]  But when a prosecuting attorney or a public official huffs and puffs and blusters under the color of his authority,
[38:31.520 --> 38:38.520]  color meaning pretense, and that huffing and puffing has the effect of denying you
[38:38.520 --> 38:45.520]  in the full and free access to or enjoyment of a right, that is a criminal act.
[38:45.520 --> 38:54.520]  And that should, and you should file an appeal. And this is a concept I'm trying to get folks to understand.
[38:54.520 --> 39:04.520]  It was Judge Robert Hopkins that led me to this conclusion when he told me after,
[39:04.520 --> 39:10.520]  he told me when I filed a criminal complaint against the district attorney with him that I should file with the Sheriff's Department.
[39:10.520 --> 39:16.520]  I said I did that, Judge, and he threw it in the trash. Well, Mr. Kelton, you should file an appeal.
[39:16.520 --> 39:22.520]  Don't ask me to appeal, Judge. You go before a corrupt court and they render a bogus decision.
[39:22.520 --> 39:29.520]  And everybody says, oh, that's OK. You can go before a whole panel of corrupt judges and they'll really screw your oil.
[39:29.520 --> 39:35.520]  And he said, well, Mr. Kelton, I don't think it's quite that bad. That's because you're not pro se.
[39:35.520 --> 39:45.520]  I have a better idea. I'll appeal this to a grand jury. Anyways, I always tell them I'm not ready to proceed.
[39:45.520 --> 39:52.520]  Wait a minute. Say that again. Proceed. I said I always test a good job because they always want to ask me if I'm pro se.
[39:52.520 --> 39:59.520]  And I say, no, I'm not. I'm not ready to proceed. Oh, OK. Well,
[39:59.520 --> 40:07.520]  I tend not to make those distinctions.
[40:07.520 --> 40:21.520]  But here, if the public official tells you anything that would have the effect of interfering with your rights, that's a crime.
[40:21.520 --> 40:26.520]  It's not when you do it because you're not a public official, but he's a public official.
[40:26.520 --> 40:34.520]  Yeah. What he told me was they're tired of me filing motions for people.
[40:34.520 --> 40:41.520]  They know that I have. They know I'm the one doing it because I've filed five or six motions for my friend because the courts put him in jail.
[40:41.520 --> 40:46.520]  And they didn't examine their ability to pay the child support.
[40:46.520 --> 40:52.520]  They just said, well, you ain't got no money. You're going to jail. And they can't do that.
[40:52.520 --> 40:57.520]  And so you need to take this on.
[40:57.520 --> 41:02.520]  They're coming after you. Technically, you need to take them back on, technically.
[41:02.520 --> 41:10.520]  Read very carefully the statute, unauthorized practice of law, whatever.
[41:10.520 --> 41:24.520]  It's incarnation in Indiana. And then look very carefully at the official misconduct statutes for Indiana.
[41:24.520 --> 41:30.520]  In doing what I do, there's a few things I've learned.
[41:30.520 --> 41:38.520]  And one thing I've learned is never make a threat. Never tell someone what you're going to do.
[41:38.520 --> 41:43.520]  And this prosecutor.
[41:43.520 --> 41:47.520]  Well, the prosecutor violated that rule.
[41:47.520 --> 41:53.520]  Now, why would he tell you he was going to do this thing?
[41:53.520 --> 42:00.520]  Why would he tell you he's tired if you're doing this, blah, blah, blah? If you're doing something improper, he had a duty to act.
[42:00.520 --> 42:06.520]  If he didn't have the duty to act, he didn't have the authority to act.
[42:06.520 --> 42:12.520]  If he didn't have the authority to act, he's lying to you, and he's committing official misconduct.
[42:12.520 --> 42:18.520]  However you slice it up, what he did was official misconduct.
[42:18.520 --> 42:25.520]  If he had the authority to act, he had the duty to act, and he failed to perform the duty.
[42:25.520 --> 42:32.520]  If he did not have the authority to act, he exerted or purported to exert an authority he didn't expressly have,
[42:32.520 --> 42:37.520]  and as a result committed official misconduct, no matter which way you slice it.
[42:37.520 --> 42:41.520]  You should file against him for that.
[42:41.520 --> 42:45.520]  Never tell him you're going to file against him. Never give him fair warning.
[42:45.520 --> 42:52.520]  High school parking lot, you give fair warning. In court, you don't give fair warning.
[42:52.520 --> 42:59.520]  Any time you try to give fair warning, it will be treated as a threat.
[42:59.520 --> 43:05.520]  It's what they do, so they don't get fair warning.
[43:05.520 --> 43:13.520]  I was at the Tarrant County Courthouse, and the guards there at the metal detector gave me a hard time.
[43:13.520 --> 43:20.520]  I was called 911. Send somebody down here to arrest these chumps.
[43:20.520 --> 43:26.520]  I didn't tell them I was going to dial 911. I didn't tell them what they were doing was improper or illegal.
[43:26.520 --> 43:30.520]  I dialed 911. Get somebody out here to arrest them.
[43:30.520 --> 43:34.520]  Now I got their attention.
[43:34.520 --> 43:38.520]  They don't think this guy is just screwing around with them.
[43:38.520 --> 43:44.520]  I called the sheriff on the court clerk for not wanting to give me copies of my court case.
[43:44.520 --> 43:51.520]  Beautiful, beautiful. Hang on. We do need to move along. We've got a whole stack of callers.
[43:51.520 --> 43:56.520]  Mr. Randy Kelton, Deborah Stevens, RealBlood Radio, we'll be right back.
[44:21.520 --> 44:29.520]  Take a peek at some of our other wonderful products, including our Australian emu oil, lotion candles, olive oil, soaps, and colloidal silver and gold.
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[44:59.520 --> 45:03.520]  Are you the plaintiff or defendant in a lawsuit?
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[46:14.520 --> 46:25.520]  If you did not have any problems, where are you going to look for one? If you could not wait any bit too long, would your process be done?
[46:25.520 --> 46:37.520]  Such a symptom and a soldier, a warrior of love, scaffolding to keep the peace. All they're taking is a misunderstanding, and somebody calls the police.
[46:37.520 --> 47:06.520]  What's in the box?
[47:06.520 --> 47:13.520]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Doug in Indiana.
[47:13.520 --> 47:29.520]  Doug, we do need to move along, but the real issue here is, as far as I understand, you can file most anything as an amicus curiae.
[47:29.520 --> 47:42.520]  And if you file something in the record, in a court, and you put your name on it, and you don't hold yourself out as a lawyer,
[47:42.520 --> 47:54.520]  you're not impersonating a lawyer. You're not an authorized practice of law. As far as I know, you have a right to do that.
[47:54.520 --> 48:09.520]  And whether you do or not, the duty is specific. You're ex-military. You understand tech manuals. Go back to the code. It is a tech manual.
[48:09.520 --> 48:32.520]  Walk through the code. Unlike you and I, the prosecuting attorney is a public official. You and I can do anything we want to unless we are specifically forbidden to do so by statute.
[48:32.520 --> 48:47.520]  The prosecuting attorney, on the other hand, is a public official, and he may only do what he is specifically authorized to do by statute.
[48:47.520 --> 48:57.520]  If he attempts to do anything else, he's outside the parameters, and there are remedies for that.
[48:57.520 --> 49:09.520]  Primarily, official misconduct statutes for the state of Indiana. I suggest you stick him with that official misconduct statute and use a couple of rules.
[49:09.520 --> 49:19.520]  Never make a proactive statement of law out of your own mouth. Always make it out of the mouth of the courts. Never give anybody fair warning.
[49:19.520 --> 49:35.520]  This is law. It's not civil behavior. And what was the other one? Never threaten to do anything. Just do it.
[49:35.520 --> 49:51.520]  When you start going after them, it changes everything. I've been going after these guys for a long time. They have never came after me for the unauthorized practice of law.
[49:51.520 --> 50:07.520]  I have people around me that they have, but they know that if they come after me, I'm not going to argue with them. I'm not going to debate with them. I'm going to take the argument out of their hands and take it to their superiors.
[50:07.520 --> 50:22.520]  You've been in the military. You know how that works. Anybody in the military, give me a half ounce of Crapola. I go straight to the attorney general. I'm sorry, not the attorney general. Who is he in the military? The assistant to the base commander.
[50:22.520 --> 50:42.520]  The inspector general. I went to the inspector general and told him that I joined the military to learn to fly, and they wouldn't teach me. So I had to pay for it myself. And then I needed a flight physical, so I went to the flight surgeon to get a flight physical, and he told me he couldn't give me a flight physical.
[50:42.520 --> 50:56.520]  He asked me if this was for military or civilian purposes, and I took out my military ID and pitched it on a desk, and I said, Sergeant, that's my military ID. It says I can't do anything civilian.
[50:56.520 --> 51:08.520]  He said, well, because he looked at my fatigues and he didn't see a set of wings to show I was on flying status. He said, well, if this is not for military purposes, you'll have to go to a civilian doctor.
[51:08.520 --> 51:14.520]  I said, Sergeant, you know full well the military does not allot me any money for no civilian doctor.
[51:14.520 --> 51:23.520]  He said, well, sorry, Armand Kelton, I can't help you. I said, well, maybe I know somebody who can. I called the inspector general and made the complaint to him.
[51:23.520 --> 51:30.520]  And I told him, he said I had to go to a civilian doctor, and they don't allot me any money to go to a civilian doctor.
[51:30.520 --> 51:45.520]  I walked back to my duty section from the CQ's office. By the time I get to my duty section, my NCOIC standing in the door with his eyes bugging out and his teeth grinding together orders me back to the orderly room.
[51:45.520 --> 51:53.520]  I get to the orderly room. First shirt looks up and sees my name on my fatigues, and he says, you in, and he points in the commander's office.
[51:53.520 --> 52:01.520]  Nobody just goes in to see the commander. There's a ritual. You'd have to sit and wait for an hour or two.
[52:01.520 --> 52:12.520]  Well, I go in, step up to his desk and pop two, throw in my salute. I can't release it until he returns mine.
[52:12.520 --> 52:19.520]  So I'm standing here at salute, and he's talking on the phone. He looks up at me every few seconds and looks back down.
[52:19.520 --> 52:25.520]  And finally, he gives me a real quick salute so I can go to parade rest.
[52:25.520 --> 52:33.520]  He finishes his phone conversation and he says, Airman Kelton, you will go to a Captain Helton.
[52:33.520 --> 52:44.520]  He is a pilot. He is also a physician. He will give you your flight physical as a favor to the base flying club.
[52:44.520 --> 52:53.520]  Now, Mr. Kelton, or Airman Kelton, although what you did got you results, I don't like the way you went about it.
[52:53.520 --> 52:59.520]  And I pop two and throw him another salute. Oh, yes, sir. Never do it again, sir.
[52:59.520 --> 53:09.520]  And I am grinning from ear to ear. And the commander looked up at me and he said, I was afraid you would take this that way.
[53:09.520 --> 53:17.520]  He's the one that told me where the power was. It makes no difference if what I did was right or wrong.
[53:17.520 --> 53:25.520]  I called the IG. The IG called the commander. The commander called my officer in charge of my duty section.
[53:25.520 --> 53:33.520]  The officer in charge of my duty section called my NCOIC and crawled right down his throat because my commander's calling me,
[53:33.520 --> 53:41.520]  because the IG called him, because one of your troops called the IG. Fix it.
[53:41.520 --> 53:51.520]  Same idea, except in this case, the prosecuting attorney is a public servant.
[53:51.520 --> 54:01.520]  You are the master of the servant, and he is never to forget that.
[54:01.520 --> 54:06.520]  I've told several of them that before, and they look at me dumbfounded.
[54:06.520 --> 54:13.520]  They haven't heard that before, and they don't know what to do with a knowledgeable citizen.
[54:13.520 --> 54:21.520]  I told that clerk that. I said, you know, I'm the master here, so what I say, not what you say.
[54:21.520 --> 54:32.520]  And she's looking at me like, huh? What did she do when you called 911 on her?
[54:32.520 --> 54:44.520]  I just called sheriff's office because I know the number. She didn't say nothing at first until she heard me say I needed an officer over there, one of the deputy.
[54:44.520 --> 54:51.520]  She's like, what are you calling sheriff for? I said, because you're failing in your duty.
[54:51.520 --> 55:01.520]  I said, this is public record, and you can't refuse me. I have a right to a copy of all my case, and you cannot say no.
[55:01.520 --> 55:08.520]  And you say, no, I'm going to call the man in charge.
[55:08.520 --> 55:18.520]  We're like the CEO of a company. This is not a democracy we live in.
[55:18.520 --> 55:27.520]  This is a republic. In a democracy, the will of the people rules.
[55:27.520 --> 55:44.520]  In a republic, the individual citizen is effectively in the position of the sovereign in that all rights go to the individual.
[55:44.520 --> 55:49.520]  Yep, those not strictly invested in the state are invested in the individual.
[55:49.520 --> 56:00.520]  Exactly. And if we act like that, they very clearly understand what we're doing.
[56:00.520 --> 56:09.520]  They know they went to school. They just don't see the sovereign stand before them often.
[56:09.520 --> 56:22.520]  And when they do, they don't understand it. The sovereign doesn't argue with his servants. The sovereign directs his servants.
[56:22.520 --> 56:34.520]  And in this case, where you have the only one in the clerk's office who is actually your servant is the elected clerk.
[56:34.520 --> 56:44.520]  Everyone else is the clerk's servant. If you have a problem with a—you didn't hire those people.
[56:44.520 --> 56:56.520]  So as far as you're concerned, everything they do, they do in the name of your servant, and your servant is respondeat superior and responsible for their behavior.
[56:56.520 --> 57:07.520]  I treat what a subordinate does as a direct act of the elected official. And I hold the elected official responsible.
[57:07.520 --> 57:14.520]  And I assure you, they do not like that. But I really need to move on. We've got a stack of callers tonight.
[57:14.520 --> 57:18.520]  Okay, I'll let you get some of them.
[57:18.520 --> 57:21.520]  Keep us up to date on how this goes.
[57:21.520 --> 57:23.520]  I will.
[57:23.520 --> 57:29.520]  And get a criminal complaint filed against the prosecutor for official misconduct.
[57:29.520 --> 57:37.520]  He's not going to believe that. And the best tactic in law is bushwhack.
[57:37.520 --> 57:39.520]  Yeah.
[57:39.520 --> 57:45.520]  Never tell them what you're going to do. It's like in the military.
[57:45.520 --> 57:55.520]  I don't tell somebody else that I have a problem with that I'm going to call the IG or my NCIC. I just go call him.
[57:55.520 --> 58:02.520]  The first time he figures out I'm upset is when he's having to answer to somebody else.
[58:02.520 --> 58:04.520]  Yeah.
[58:04.520 --> 58:06.520]  Really gets their attention. Okay. Thank you, Doug.
[58:06.520 --> 58:08.520]  They don't like it. Thanks.
[58:08.520 --> 58:15.520]  Okay. Keep us up to date. This is Randy Kelton, Debra Stevens, Rule of Law Radio. I'm going to the top of the hour break.
[58:15.520 --> 58:21.520]  When we come back, we'll go to Kenny, Kevin, and Daddy. I see you all there. Hang on.
[58:21.520 --> 58:29.520]  We will take all your calls. This is Rule of Law Radio. Our call in number 512-646-1984.
[58:29.520 --> 58:34.520]  We'll be taking calls all night. And if it gets too busy, we do have a number of callers.
[58:34.520 --> 58:41.520]  If it gets too busy tonight, give us a call back tomorrow night. We have a four-hour info marathon,
[58:41.520 --> 58:46.520]  so we generally have time to get to everybody, except it gets kind of stacked up at the end.
[58:46.520 --> 58:50.520]  But we'll try to get to everybody. We'll be right back.
[58:50.520 --> 58:58.520]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
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[59:13.520 --> 59:18.520]  but the real story is the more than 9,000 explanatory footnotes.
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[59:22.520 --> 59:27.520]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
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[59:32.520 --> 59:43.520]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:43.520 --> 59:50.520]  or by ordering online at freestudybible.com. That's freestudybible.com.
[59:50.520 --> 59:59.520]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:59.520 --> 01:00:09.520]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:09.520 --> 01:00:14.520]  I'm Brian Hagan with your Liberty Beat for Thursday, September 4, 2014.
[01:00:14.520 --> 01:00:24.520]  Gold opened today at $1,267. Silver opened at $19.14 and Bitcoin is trading around $478.87.
[01:00:24.520 --> 01:00:30.520]  Today's Bitcoin price brought to you by ExpressCoin, the fastest and most reliable way to buy Bitcoin.
[01:00:30.520 --> 01:00:33.520]  Buy Bitcoin today at expresscoin.com.
[01:00:33.520 --> 01:00:38.520]  Support for the Liberty Beat comes from the Michael Cargill for Austin City Council District 1 campaign.
[01:00:38.520 --> 01:00:40.520]  Vote Michael Cargill to get the cars moving.
[01:00:40.520 --> 01:00:44.520]  Learn more or sign up to volunteer at cargillfortexas.com.
[01:00:44.520 --> 01:00:48.520]  Political advertisement paid for by the Michael Cargill for Austin City Council District 1 campaign.
[01:00:48.520 --> 01:00:53.520]  In the news, earlier this week, the Travis County Democratic Party held a forum on police brutality
[01:00:53.520 --> 01:00:56.520]  and Austin Police Department's use of deadly force policy.
[01:00:56.520 --> 01:01:01.520]  The panel included APD Chief Art Acevedo, Austin Police Association President Wayne Vincent,
[01:01:01.520 --> 01:01:07.520]  NAACP Chapter President Nelson Linder, and police monitor Margot Frazier, among others.
[01:01:07.520 --> 01:01:10.520]  During the panel, the topic of body cameras arose.
[01:01:10.520 --> 01:01:15.520]  As reported by KXAN, Chief Acevedo told the audience that he will present the council
[01:01:15.520 --> 01:01:18.520]  a proposal within the next year for the cameras.
[01:01:18.520 --> 01:01:23.520]  Now, this isn't the first time the prospect of cameras for Austin police officers has been on the table.
[01:01:23.520 --> 01:01:29.520]  Back in 2011, APD tested out head cameras on several officers, but later decided against the acquisition
[01:01:29.520 --> 01:01:34.520]  due to what they said were budget constraints and potential technology issues.
[01:01:34.520 --> 01:01:40.520]  A coalition of activists, researchers, family members, and at least one survivor of the 9-11 attacks
[01:01:40.520 --> 01:01:43.520]  will be involved with three days of events in New York City
[01:01:43.520 --> 01:01:46.520]  to mark the 13th anniversary of the September 11th attacks.
[01:01:46.520 --> 01:01:51.520]  The groups Ground Zero 911 and Architects and Engineers for 9-11 Truth
[01:01:51.520 --> 01:01:56.520]  are hosting a documentary screening, a speaker symposium, a music event, and outreach
[01:01:56.520 --> 01:02:02.520]  at several locations including Ground Zero, the 9-11 Memorial Museum in Times Square.
[01:02:02.520 --> 01:02:07.520]  Architects and Engineers for 9-11 Truth have also purchased a billboard outside of the New York Times
[01:02:07.520 --> 01:02:10.520]  that asks what happened to World Trade Center 7.
[01:02:10.520 --> 01:02:15.520]  The 47-story tall building fell on September 11th, despite not being hit by a plane.
[01:02:15.520 --> 01:02:20.520]  For more information on the anniversary events, visit GroundZero911.com.
[01:02:20.520 --> 01:02:24.520]  Support for Liberty Beat comes from Cabo Bops, southwestern-style burritos,
[01:02:24.520 --> 01:02:30.520]  now with two locations in Austin, 500 East Ben White Blvd. and 2828 Rio Grande Blvd.
[01:02:30.520 --> 01:02:32.520]  Find them online at CaboBops.com.
[01:02:32.520 --> 01:02:36.520]  And support comes from Sovereign Living, a podcast, blog, and reality show
[01:02:36.520 --> 01:02:39.520]  about what it takes to live a voluntary and natural life.
[01:02:39.520 --> 01:02:41.520]  Check out the blog SovereignLiving.com
[01:02:41.520 --> 01:02:46.520]  and watch episode one of the soon-to-be-released reality show at SovereignLiving.tv.
[01:02:46.520 --> 01:02:50.520]  This is the Liberty Beat for Thursday, September 4th, 2014.
[01:02:50.520 --> 01:02:53.520]  Check out the website at thelibertybeat.com
[01:02:53.520 --> 01:03:00.520]  and like us on Facebook at Facebook.com, The Liberty Beat.
[01:03:23.520 --> 01:03:28.520]  This is the Liberty Beat for Thursday, September 4th, 2014.
[01:03:28.520 --> 01:03:32.520]  Check out the website at thelibertybeat.com
[01:03:32.520 --> 01:03:37.520]  and watch episode one of the soon-to-be-released reality show at Sovereign Living.
[01:03:37.520 --> 01:03:41.520]  Check out the website at thelibertybeat.com
[01:03:41.520 --> 01:03:46.520]  and watch episode one of the soon-to-be-released reality show at Sovereign Living.
[01:03:46.520 --> 01:03:51.520]  Check out the website at thelibertybeat.com
[01:03:51.520 --> 01:03:56.520]  and watch episode one of the soon-to-be-released reality show at Sovereign Living.
[01:03:56.520 --> 01:04:23.520]  Check out the website at thelibertybeat.com
[01:04:23.520 --> 01:04:47.520]  and watch episode one of the soon-to-be-released reality show.
[01:04:47.520 --> 01:04:55.520]  Okay, we are back. Randy Kelton and Deborah Stevens, we move to our radio, and we're going to Ken in New York. Ken O'Ken.
[01:04:55.520 --> 01:05:01.520]  Hi, thank you for taking my call, and hello Deborah and Eddie.
[01:05:01.520 --> 01:05:06.520]  And it's been about probably almost a year since I talked to you.
[01:05:06.520 --> 01:05:11.520]  I asked you a quick question about a hospital death case, and after I told you what it was, you said,
[01:05:11.520 --> 01:05:17.520]  sorry, Ken, I don't think you're going to win this one.
[01:05:17.520 --> 01:05:24.520]  And after that, I thought to myself, the argument was in the amount.
[01:05:24.520 --> 01:05:30.520]  I had gone into the hospital while I was out of work. I had to give up unemployment, so I had zero income.
[01:05:30.520 --> 01:05:36.520]  And I was in a position where I would have lost my house if I didn't have savings,
[01:05:36.520 --> 01:05:42.520]  which weren't affected by any decision for financial aid for a hospital.
[01:05:42.520 --> 01:05:48.520]  And what happened was, oh, they said, don't worry about anything. Everything will be fine.
[01:05:48.520 --> 01:05:52.520]  And then two weeks in the hospital, I get a $92,000 bill.
[01:05:52.520 --> 01:05:57.520]  Even though it's a deeply discounted, it was still a substantial amount of money at the time.
[01:05:57.520 --> 01:06:04.520]  So I tried to argue with them on the merits, and I realized after a couple of months that was a mistake.
[01:06:04.520 --> 01:06:12.520]  They sued me. And to get right to the end of it, it's been almost a year now since I've been into this.
[01:06:12.520 --> 01:06:21.520]  When they gave me the complaint, when I threw the notice, it's called a notice of appearance here,
[01:06:21.520 --> 01:06:27.520]  after you get a summons, I got a complaint, didn't seem to tell me much more than what I already had.
[01:06:27.520 --> 01:06:42.520]  And then after that, I—sorry, I'm just—to get right to the end of it, it's almost a year later.
[01:06:42.520 --> 01:06:47.520]  And after I served them an affirmative defense and I found the silver bullet,
[01:06:47.520 --> 01:06:54.520]  where I found the hospital was violating all of its own guidelines under a public health law,
[01:06:54.520 --> 01:07:02.520]  they asked me if I'd signed a stipulation of discontinuance with prejudice.
[01:07:02.520 --> 01:07:07.520]  What did they grant you on the discontinuance with prejudice?
[01:07:07.520 --> 01:07:12.520]  It's just three lines. It does the sweet jurors thing, like we're both, you know, we're not an infant or incompetent,
[01:07:12.520 --> 01:07:16.520]  that this action is discontinued with prejudice.
[01:07:16.520 --> 01:07:19.520]  That means they won't come back.
[01:07:19.520 --> 01:07:21.520]  I know. Now, the question—
[01:07:21.520 --> 01:07:24.520]  That means you won the whole enchilada.
[01:07:24.520 --> 01:07:26.520]  Well, that—
[01:07:26.520 --> 01:07:30.520]  I was hoping you were going to tell me I was wrong.
[01:07:30.520 --> 01:07:36.520]  Well, based on what I knew at the time, you were right, because I didn't know—
[01:07:36.520 --> 01:07:40.520]  when I threw the notice of appearance at them, they were real nice to me.
[01:07:40.520 --> 01:07:43.520]  I felt with the secretary the whole time, the paralegal.
[01:07:43.520 --> 01:07:48.520]  And the first thing she said was, okay, we're going to send you the verified complaint.
[01:07:48.520 --> 01:07:53.520]  And, oh, by the way, if you need three months' extension for time to answer,
[01:07:53.520 --> 01:07:56.520]  we'll give it to you if you just give us the stipulation.
[01:07:56.520 --> 01:07:59.520]  I didn't know what a stipulation was at the time.
[01:07:59.520 --> 01:08:02.520]  I mean, I had some basic understanding.
[01:08:02.520 --> 01:08:07.520]  But I drew something up, sent it to them, they signed it.
[01:08:07.520 --> 01:08:12.520]  I went to some consults, and everybody told me basically, just work a payment plan out,
[01:08:12.520 --> 01:08:14.520]  and they took care of you, didn't they?
[01:08:14.520 --> 01:08:18.520]  And I said, but the amount is wrong, you know, it shouldn't have been—
[01:08:18.520 --> 01:08:25.520]  well, eventually, near the time the three months was over and the answer was due,
[01:08:25.520 --> 01:08:28.520]  I still hadn't had a real answer.
[01:08:28.520 --> 01:08:32.520]  But I was just starting to find out about public health laws
[01:08:32.520 --> 01:08:38.520]  that have something to do with the New York Department of Health, NYDOH.
[01:08:38.520 --> 01:08:43.520]  And what I did, since I was up against the wall on time,
[01:08:43.520 --> 01:08:47.520]  it was right around the time I called you in September of 2013,
[01:08:47.520 --> 01:08:52.520]  I just sent the answer back to them, and I said—I checked off.
[01:08:52.520 --> 01:08:56.520]  I don't have enough information to form a belief.
[01:08:56.520 --> 01:09:02.520]  And I said that for all 11 lines, because of the things, the way they word these things.
[01:09:02.520 --> 01:09:08.520]  They'll say X and X Hospital has always been, always was a division of the state of New York's education.
[01:09:08.520 --> 01:09:11.520]  How do I know that? I don't know any of this stuff.
[01:09:11.520 --> 01:09:15.520]  So I just checked that off. The next day I get a call, and I said, good morning.
[01:09:15.520 --> 01:09:19.520]  And on the other end of the phone I hear, we're going for a summary judgment.
[01:09:19.520 --> 01:09:24.520]  And I said, ooh, somebody woke up on the wrong side of the bed this morning.
[01:09:24.520 --> 01:09:27.520]  And I said that to myself, I didn't say it to the secretary.
[01:09:27.520 --> 01:09:33.520]  You should have said it to them. This is civil. They're supposed to be civil.
[01:09:33.520 --> 01:09:37.520]  If they have an attitude, they can leave that home with their wife and children.
[01:09:37.520 --> 01:09:39.520]  Don't bring it to work.
[01:09:39.520 --> 01:09:45.520]  I had to handle—shortly after I got the verified complaint, I found it necessary to start recording.
[01:09:45.520 --> 01:09:49.520]  Penal code 250.1 in New York says we're one party state.
[01:09:49.520 --> 01:09:52.520]  And I'm sure they were recording me, too.
[01:09:52.520 --> 01:09:59.520]  And the first thing they did was, between the time that I summoned them to the complaint, it was a $30 difference.
[01:09:59.520 --> 01:10:05.520]  I found out they went and grabbed 30 bucks out of another account that I did not have a problem with.
[01:10:05.520 --> 01:10:10.520]  And they just took the money and they put it into the bill, the hospital bill.
[01:10:10.520 --> 01:10:14.520]  And when I confronted her about it, she told me, oh, you must have made a payment.
[01:10:14.520 --> 01:10:17.520]  And I said, I absolutely did not.
[01:10:17.520 --> 01:10:20.520]  So I think she was trying to get me to affirm the debt.
[01:10:20.520 --> 01:10:23.520]  She thinks that's what it might have been.
[01:10:23.520 --> 01:10:27.520]  I told another lawyer about it. He blew it off. He didn't think it meant anything.
[01:10:27.520 --> 01:10:32.520]  I'm not sure. I don't have enough detail on what that was about.
[01:10:32.520 --> 01:10:35.520]  But at any rate, the magic started to happen.
[01:10:35.520 --> 01:10:41.520]  I had 30 days to do an amended answer.
[01:10:41.520 --> 01:10:47.520]  And right about a week before the 30 days was up, I found the magic bullet.
[01:10:47.520 --> 01:10:50.520]  It was in a PDF. It's issued by the state of New York.
[01:10:50.520 --> 01:10:56.520]  And it's called the New York Department of Health Interpretation of Public Law 2807.
[01:10:56.520 --> 01:10:58.520]  And it had all of the details.
[01:10:58.520 --> 01:11:05.520]  And I ended up putting an answer in with five counts of violations.
[01:11:05.520 --> 01:11:11.520]  For example, if the law says current income only, and it doesn't define it any other way,
[01:11:11.520 --> 01:11:15.520]  they demanded my tax return for me. They demanded my Social Security number.
[01:11:15.520 --> 01:11:21.520]  This law, in my opinion, was designed for people that aren't citizens.
[01:11:21.520 --> 01:11:23.520]  It has to be.
[01:11:23.520 --> 01:11:29.520]  They demanded the year before, a previous year when I was working, my tax return.
[01:11:29.520 --> 01:11:35.520]  They based my discount, and that's why they put me in the wrong tier.
[01:11:35.520 --> 01:11:39.520]  And it caused a substantial increase of the possible flat amount.
[01:11:39.520 --> 01:11:49.520]  So they deliberately misrepresented your current income and replaced it with a previous income.
[01:11:49.520 --> 01:11:53.520]  And you caught them.
[01:11:53.520 --> 01:11:55.520]  I'm sorry?
[01:11:55.520 --> 01:11:57.520]  And you caught them.
[01:11:57.520 --> 01:12:05.520]  Well, that's apparently what happened, because after I served the amended answer with the affirmative defense...
[01:12:05.520 --> 01:12:08.520]  By the way, the first time I served the answer, I forgot to put the affirmative defense in.
[01:12:08.520 --> 01:12:10.520]  But on the other hand, I really didn't have one.
[01:12:10.520 --> 01:12:18.520]  So the second time I put the affirmative defense in, and down at the bottom of the form on your answer in Suffolk County,
[01:12:18.520 --> 01:12:21.520]  they leave out the word, they say, wherefore we ask.
[01:12:21.520 --> 01:12:23.520]  I was just trying to get the complaint thrown out.
[01:12:23.520 --> 01:12:25.520]  I wasn't thinking of anything further than that.
[01:12:25.520 --> 01:12:30.520]  I added the words, with prejudice on it, because it wasn't there on the form.
[01:12:30.520 --> 01:12:33.520]  And I sent it out.
[01:12:33.520 --> 01:12:39.520]  I got the return receipt the next day, and I didn't hear from them for seven months.
[01:12:39.520 --> 01:12:40.520]  I called the pro se attorney.
[01:12:40.520 --> 01:12:44.520]  He goes, I can't imagine why they haven't responded.
[01:12:44.520 --> 01:12:46.520]  He said they threatened summary judgment.
[01:12:46.520 --> 01:12:50.520]  I mean, he can't offer advice, but he said, well, I said, is the ball back in my court?
[01:12:50.520 --> 01:12:52.520]  He said, no, you don't have to do anything.
[01:12:52.520 --> 01:12:57.520]  They said they were going to get an RJI, which is the Request for Judicial Intervention,
[01:12:57.520 --> 01:13:00.520]  which is what you have to do before you start making motions.
[01:13:00.520 --> 01:13:04.520]  I don't know if that's the case everywhere, but we didn't have a judge assigned or anything.
[01:13:04.520 --> 01:13:06.520]  So I was waiting for them to do that, and they never did it.
[01:13:06.520 --> 01:13:08.520]  And then out of the blue, I get a phone call.
[01:13:08.520 --> 01:13:12.520]  I get a letter, and it says, payment has been made to this office.
[01:13:12.520 --> 01:13:18.520]  Please sign the enclosed forms, stipulation of discontinuance or prejudice.
[01:13:18.520 --> 01:13:23.520]  So I called her up, and I said, well, how much of it was paid off?
[01:13:23.520 --> 01:13:29.520]  She said, all of it, which was absolutely had to be a lie.
[01:13:29.520 --> 01:13:34.520]  There was a reason, because I went in at the end of one month, and then the beginning,
[01:13:34.520 --> 01:13:38.520]  I was only covered from the beginning of a month, for example, June.
[01:13:38.520 --> 01:13:49.520]  Okay, okay, hold on. A thought. Does this hospital receive federal funding?
[01:13:49.520 --> 01:13:53.520]  I'm sure they do. They're a state hospital, university hospital.
[01:13:53.520 --> 01:13:55.520]  I won't mention the name, but they're very famous.
[01:13:55.520 --> 01:13:58.520]  Okay, okay, here's the deal.
[01:13:58.520 --> 01:14:07.520]  This sounds very much like you stepped on something that was real sensitive for them.
[01:14:07.520 --> 01:14:12.520]  And they wanted this to go away.
[01:14:12.520 --> 01:14:18.520]  So they made the bill go away, made it go away with prejudice,
[01:14:18.520 --> 01:14:24.520]  to say to you, oh, we don't ever want to have to deal with you again.
[01:14:24.520 --> 01:14:29.520]  We want to make you very, very happy. Now, why would they do that?
[01:14:29.520 --> 01:14:31.520]  Yeah, well, I'm...
[01:14:31.520 --> 01:14:36.520]  Okay, okay, wait, wait. Are you familiar with the Kwaitam action?
[01:14:36.520 --> 01:14:38.520]  I was just going to get to that. I found an attorney.
[01:14:38.520 --> 01:14:39.520]  Okay.
[01:14:39.520 --> 01:14:42.520]  I was looking up, and he, I, Kwaitam.
[01:14:42.520 --> 01:14:46.520]  I'm wondering how many other people are they driven into judgments like this?
[01:14:46.520 --> 01:14:50.520]  Exactly the right question.
[01:14:50.520 --> 01:14:57.520]  Yeah, so, by the way, I've completely changed my view about certain kinds of hospitals,
[01:14:57.520 --> 01:15:01.520]  especially state hospitals, because I don't know if you would know this or not,
[01:15:01.520 --> 01:15:06.520]  but the Charity Care in New York State is the charity of the taxpayer,
[01:15:06.520 --> 01:15:09.520]  of which I've been one since 17.
[01:15:09.520 --> 01:15:13.520]  Now, they have a $400 million pot at the time,
[01:15:13.520 --> 01:15:19.520]  and at that same pot is drawn from taxes put on all insurance plans for everybody.
[01:15:19.520 --> 01:15:22.520]  And these people are like scorpions that sting themselves.
[01:15:22.520 --> 01:15:28.520]  They tax each other. They tax their own agencies within themselves.
[01:15:28.520 --> 01:15:33.520]  They really enjoy that part.
[01:15:33.520 --> 01:15:39.520]  Well, this sounds like you touched a really, really raw nerve,
[01:15:39.520 --> 01:15:42.520]  because, you know, I've been doing this show for a long time,
[01:15:42.520 --> 01:15:49.520]  and it is very seldom that you have a litigant duck and run for cover.
[01:15:49.520 --> 01:15:54.520]  Now, this is not one of those places where the other side blink.
[01:15:54.520 --> 01:15:59.520]  This is one of those places where they threw their hands on their hands,
[01:15:59.520 --> 01:16:03.520]  ducked down, and ran to look for a hole to get into.
[01:16:03.520 --> 01:16:08.520]  I think they put the car in reverse.
[01:16:08.520 --> 01:16:13.520]  That's what it looks like. This looks like a great issue for a quietam action.
[01:16:13.520 --> 01:16:19.520]  And you know, if you file a quietam action to recover misappropriated funds,
[01:16:19.520 --> 01:16:24.520]  and the government does not pick up the quietam,
[01:16:24.520 --> 01:16:28.520]  if the government picks up the quietam and prosecutes it,
[01:16:28.520 --> 01:16:30.520]  you get 15 percent of what they recover.
[01:16:30.520 --> 01:16:34.520]  You know, I was just going to ask you that, because I didn't know this until...
[01:16:34.520 --> 01:16:35.520]  Should I go?
[01:16:35.520 --> 01:16:37.520]  Yeah, hang on. We're about to go to break.
[01:16:37.520 --> 01:16:41.520]  This is Randy Kelton, Deborah Stevens, Rule of Our Radio,
[01:16:41.520 --> 01:16:45.520]  our call in number 512-646-1984.
[01:16:45.520 --> 01:16:51.520]  Kevin, Danny, I see you there. We will try to get to you before we run out of time.
[01:16:51.520 --> 01:16:54.520]  We'll be right back.
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[01:19:25.520 --> 01:19:35.520]  Well, ain't gonna fool me with that same old trick again.
[01:19:35.520 --> 01:19:40.520]  I was blindsided but now I can see your plan.
[01:19:40.520 --> 01:19:46.520]  You put the fear in my pockets, took the money from my hand.
[01:19:46.520 --> 01:20:11.520]  Ain't gonna fool me with that same old trick again.
[01:20:11.520 --> 01:20:16.520]  Ain't gonna drop me with that same old sucker punch.
[01:20:16.520 --> 01:20:17.520]  I get it now but now I'm blind.
[01:20:17.520 --> 01:20:18.520]  OK, we are back.
[01:20:18.520 --> 01:20:20.520]  Randy Kelton, Deborah Stevens, Wheel Raw Radio.
[01:20:20.520 --> 01:20:22.520]  We're going to Kevin in Texas.
[01:20:22.520 --> 01:20:23.520]  Hello, Kevin.
[01:20:23.520 --> 01:20:25.520]  What do you have for us tonight?
[01:20:25.520 --> 01:20:26.520]  Hello, Randy.
[01:20:26.520 --> 01:20:31.520]  This is Kevin down here around the girl with Stomping Grounds at Johnson County.
[01:20:31.520 --> 01:20:33.520]  Oh, OK.
[01:20:33.520 --> 01:20:38.520]  Yeah, I've been interested in this kind of stuff for a long time,
[01:20:38.520 --> 01:20:43.080]  long time doing a lot of reading and listening to a rule of law quite a bit, and there is
[01:20:43.080 --> 01:20:48.580]  a Facebook group that was started up, I don't know when, but I ran across it called Johnson
[01:20:48.580 --> 01:20:49.580]  County is Corrupt.
[01:20:49.580 --> 01:20:52.440]  And I was digging around on there the other day, there's a lot of interesting stuff on
[01:20:52.440 --> 01:20:57.040]  there, but I ran across a document that's one of yours, and it's called a Statement
[01:20:57.040 --> 01:21:01.480]  of Probable Cause, Randall B. Kelton, Del Hannah Grand Jury Statement.
[01:21:01.480 --> 01:21:06.600]  And that's an amazing document, and it really piqued my interest.
[01:21:06.600 --> 01:21:12.400]  And I was curious, was this document ever filed with the grand jury or anything?
[01:21:12.400 --> 01:21:16.040]  Yeah, as a matter of fact, it was.
[01:21:16.040 --> 01:21:22.440]  I presented that document to the grand jury myself.
[01:21:22.440 --> 01:21:26.640]  They called me in and I presented it to them.
[01:21:26.640 --> 01:21:30.560]  What happened was, I started out with a minor thing.
[01:21:30.560 --> 01:21:33.020]  I went to the jail to see the morning arraignment.
[01:21:33.020 --> 01:21:35.080]  They wouldn't let me see it.
[01:21:35.080 --> 01:21:40.920]  So I filed against the sheriff with the JP, the JP refused to take it.
[01:21:40.920 --> 01:21:44.880]  I filed against the JP with the district attorney, district attorney refused to take it.
[01:21:44.880 --> 01:21:47.840]  So I filed against the district attorney with the grand jury.
[01:21:47.840 --> 01:21:54.360]  And I called Lisa Wyatt and asked her when the grand jury is going to meet next.
[01:21:54.360 --> 01:21:59.960]  Well, the rule is never ask a lawyer anything you don't already know the answer to.
[01:21:59.960 --> 01:22:02.680]  She said, oh, Mr. Kelton, you just missed them.
[01:22:02.680 --> 01:22:05.280]  They won't meet again until next month.
[01:22:05.280 --> 01:22:07.480]  Liar, liar, pants on fire.
[01:22:07.480 --> 01:22:08.960]  They were going to meet the next day.
[01:22:08.960 --> 01:22:11.520]  So I'd already got that from the clerk.
[01:22:11.520 --> 01:22:17.960]  So the next day I show up at the courthouse and go down to the grand jury room and approach
[01:22:17.960 --> 01:22:19.920]  the bailiff who's standing in front of the door.
[01:22:19.920 --> 01:22:24.240]  And I said, my name is Randall Kelton and this particular bailiff, I know who you are.
[01:22:24.240 --> 01:22:26.240]  He hated me.
[01:22:26.240 --> 01:22:29.320]  He was one of these guys with a real bad attitude.
[01:22:29.320 --> 01:22:33.800]  And I had adjusted his attitude a couple of times.
[01:22:33.800 --> 01:22:39.320]  The first time by calling 911 on him and asking for a deputy to come up and arrest him.
[01:22:39.320 --> 01:22:41.600]  He had no sense of humor.
[01:22:41.600 --> 01:22:46.760]  So I told him to instruct the formula that I have business with the grand jury.
[01:22:46.760 --> 01:22:49.480]  He said, may I tell him the nature of the grand jury, the nature of the business?
[01:22:49.480 --> 01:22:50.480]  Yes, you may.
[01:22:50.480 --> 01:22:52.920]  And I handed him this folder, give him this.
[01:22:52.920 --> 01:22:57.440]  And he's kind of looking back and forth and I said, oh, hold on.
[01:22:57.440 --> 01:23:00.040]  I know what you're thinking.
[01:23:00.040 --> 01:23:05.720]  You're thinking I should take this to the prosecuting attorney and see what he has to
[01:23:05.720 --> 01:23:07.720]  say about it.
[01:23:07.720 --> 01:23:09.340]  Bad idea.
[01:23:09.340 --> 01:23:14.280]  This is against the, these complaints are against the prosecuting attorney.
[01:23:14.280 --> 01:23:22.040]  And he said, well, I'll just see what the foreman has to say about this smart move.
[01:23:22.040 --> 01:23:25.760]  So he gives it to the foreman.
[01:23:25.760 --> 01:23:27.680]  And I go up and sit in the courtroom.
[01:23:27.680 --> 01:23:33.440]  I'm waiting for them to do something and Lisa Wyatt is in the courtroom.
[01:23:33.440 --> 01:23:38.320]  They're having some kind of motion hearings and she's talking to the judge and she turned
[01:23:38.320 --> 01:23:46.280]  around and she sees me sitting in the courtroom and she just kind of froze halfway turned
[01:23:46.280 --> 01:23:47.280]  around.
[01:23:47.280 --> 01:23:51.400]  When she saw me, she just kind of ground to a halt.
[01:23:51.400 --> 01:23:53.360]  Oh no.
[01:23:53.360 --> 01:23:58.720]  The grand jury's in the basement and that chump is in the building.
[01:23:58.720 --> 01:24:04.600]  So she runs over to her assistant, jibber-jabber, jibber-jabber and the assistant takes off.
[01:24:04.600 --> 01:24:07.040]  I know what the assistant did.
[01:24:07.040 --> 01:24:12.560]  They ran and grabbed the complaints that I had sent to the grand jury by way of the district
[01:24:12.560 --> 01:24:13.560]  attorney's office.
[01:24:13.560 --> 01:24:15.720]  Cause that's the only address I had.
[01:24:15.720 --> 01:24:19.820]  She ran and got them and ran them down to the grand jury too late.
[01:24:19.820 --> 01:24:22.500]  They already had mine.
[01:24:22.500 --> 01:24:29.000]  So they already knew that the prosecutor was withholding them.
[01:24:29.000 --> 01:24:35.240]  Then they called me downstairs and I presented the district attorney to the grand jury and
[01:24:35.240 --> 01:24:38.400]  the foreman was absolutely livid.
[01:24:38.400 --> 01:24:41.560]  He asked me what my problem with the great, with the pro prosecutor attorney was.
[01:24:41.560 --> 01:24:44.280]  I said, I don't have a problem with the prosecutor attorney.
[01:24:44.280 --> 01:24:46.240]  He said, well, you must be mad at him about something.
[01:24:46.240 --> 01:24:47.240]  I'm not mad at him.
[01:24:47.240 --> 01:24:50.160]  He's never prosecuted me, never prosecuted anybody I know.
[01:24:50.160 --> 01:24:52.600]  Well, then why are you doing this?
[01:24:52.600 --> 01:24:55.520]  Well, he violated law relating to his office.
[01:24:55.520 --> 01:24:57.520]  This is my duty.
[01:24:57.520 --> 01:25:02.880]  I don't want him indicted, but that's not my call.
[01:25:02.880 --> 01:25:05.680]  I'm glad I'm not in your shoes.
[01:25:05.680 --> 01:25:09.880]  You're the ones that have to decide whether or not he failed to perform a duty he is required
[01:25:09.880 --> 01:25:13.720]  to perform and in the process denied me the full and free access to enjoyment of right.
[01:25:13.720 --> 01:25:17.160]  I'm glad I'm not in your shoes.
[01:25:17.160 --> 01:25:19.480]  They were not happy.
[01:25:19.480 --> 01:25:25.360]  So I went out and they were deliberating and a little prosecutor came down and I had mentioned
[01:25:25.360 --> 01:25:28.520]  earlier about I'm the master.
[01:25:28.520 --> 01:25:34.520]  This is the one little short guy and a real smart mouth, cocky little guy.
[01:25:34.520 --> 01:25:38.640]  And I told him, Mr. Brown, I think you are confused here.
[01:25:38.640 --> 01:25:40.240]  He said, you're a public servant.
[01:25:40.240 --> 01:25:42.280]  Yes, Mr. Nelson, I'm a public servant.
[01:25:42.280 --> 01:25:44.520]  And I leaned over him.
[01:25:44.520 --> 01:25:45.520]  You're the servant.
[01:25:45.520 --> 01:25:47.040]  And I tapped my chest.
[01:25:47.040 --> 01:25:51.320]  Me, I am the master and you are not to forget it.
[01:25:51.320 --> 01:25:52.320]  I won't forget it.
[01:25:52.320 --> 01:25:57.120]  I go back down there while they're deliberating and he comes down.
[01:25:57.120 --> 01:25:59.240]  He's going to go in and talk to the grand jury.
[01:25:59.240 --> 01:26:01.080]  I told him, hold on Bubba.
[01:26:01.080 --> 01:26:04.760]  You do not want to go in there when I'm going to talk to the grand jury.
[01:26:04.760 --> 01:26:11.600]  I said, before you do that, you need to go up to your office, get out your resume and
[01:26:11.600 --> 01:26:14.480]  dust it off because you're going to need it.
[01:26:14.480 --> 01:26:15.800]  Well, he didn't.
[01:26:15.800 --> 01:26:20.600]  He went in and talked to the grand jury, came out.
[01:26:20.600 --> 01:26:21.600]  I go upstairs.
[01:26:21.600 --> 01:26:24.800]  I'm waiting for the grand jury to deliberate.
[01:26:24.800 --> 01:26:27.680]  And the sergeant on the bailiffs, I had talked to him several times.
[01:26:27.680 --> 01:26:29.760]  He's a real personable guy.
[01:26:29.760 --> 01:26:34.600]  He said, Mr. Kelton, you seem to be a personable individual.
[01:26:34.600 --> 01:26:37.120]  I said, well, I try to be.
[01:26:37.120 --> 01:26:39.440]  He said, do you mind if I give you a little advice?
[01:26:39.440 --> 01:26:41.240]  I said, well, sure.
[01:26:41.240 --> 01:26:45.680]  He said, when you come down here poking the bear the way you do, you really need to be
[01:26:45.680 --> 01:26:46.680]  careful.
[01:26:46.680 --> 01:26:51.400]  I said, oh, sergeant, I am always very careful.
[01:26:51.400 --> 01:26:53.360]  And you don't understand.
[01:26:53.360 --> 01:26:56.720]  I am the bear.
[01:26:56.720 --> 01:27:02.520]  He kind of laughed and he said, well, yes, Mr. Kelton, today you are the bear.
[01:27:02.520 --> 01:27:08.800]  Well, the grand jury did not indict the district attorney.
[01:27:08.800 --> 01:27:15.760]  However, if you take a complaint against a public official to the sheriff's department
[01:27:15.760 --> 01:27:23.320]  in Johnson County, they will take your complaint and act on it immediately.
[01:27:23.320 --> 01:27:26.560]  And that's what I really wanted.
[01:27:26.560 --> 01:27:32.000]  That little prosecutor who went in and talked to the grand jury while they were deliberating
[01:27:32.000 --> 01:27:37.240]  about complaints against his boss, I come back two weeks later and he's working for
[01:27:37.240 --> 01:27:40.400]  an oil company.
[01:27:40.400 --> 01:27:42.960]  He should have dusted off his resume.
[01:27:42.960 --> 01:27:44.320]  Okay.
[01:27:44.320 --> 01:27:46.520]  That's my Johnson County story.
[01:27:46.520 --> 01:27:52.760]  Well, like I said, it really got me interested and I wanted to know the outcome on it.
[01:27:52.760 --> 01:27:57.240]  I can't believe a grand jury would not have indicted over something like that, or at least
[01:27:57.240 --> 01:27:58.720]  investigated further.
[01:27:58.720 --> 01:28:01.000]  Nah, no way.
[01:28:01.000 --> 01:28:04.640]  It's really, really hard to get a public official indicted.
[01:28:04.640 --> 01:28:08.160]  And frankly, I didn't want him indicted.
[01:28:08.160 --> 01:28:12.880]  We can get all of our public officials thrown out of office, replace them all, we'll be
[01:28:12.880 --> 01:28:16.080]  in the same position we were.
[01:28:16.080 --> 01:28:23.360]  And for the most part, our public officials are doing the best job they can in the situation
[01:28:23.360 --> 01:28:25.120]  they find themselves in.
[01:28:25.120 --> 01:28:31.680]  Darryl Hannah did not create the mess he walked into.
[01:28:31.680 --> 01:28:37.480]  He didn't set up the practices and procedures that were going on long before he became a
[01:28:37.480 --> 01:28:40.240]  prosecutor.
[01:28:40.240 --> 01:28:44.480]  The police, they didn't create the mess they find themselves in.
[01:28:44.480 --> 01:28:50.600]  Lawyers, I don't know of a single lawyer who went to law school so that he could spend
[01:28:50.600 --> 01:28:56.360]  the rest of his professional career kissing some arrogant judges behind.
[01:28:56.360 --> 01:29:01.400]  They don't like the system they find themselves in, they did not create it.
[01:29:01.400 --> 01:29:09.880]  You and I recreated it by not railing in righteous indignation the first time one of our public
[01:29:09.880 --> 01:29:17.400]  officials stepped across one of our legal lines in the interest of adjudicative expediency
[01:29:17.400 --> 01:29:20.420]  and administrative convenience.
[01:29:20.420 --> 01:29:23.280]  We are the problem.
[01:29:23.280 --> 01:29:31.000]  I don't want to get rid of our public officials, I just want to sting on a little bit.
[01:29:31.000 --> 01:29:38.960]  Put them in a position such that when they look at one of these private citizens, they
[01:29:38.960 --> 01:29:44.160]  know that we have the power to sting them big time.
[01:29:44.160 --> 01:29:47.360]  So just do your job right.
[01:29:47.360 --> 01:29:54.920]  Brandy Kelton, Deborah Stevens, rule of our radio, I'll call at number 512-646-1984.
[01:29:54.920 --> 01:30:03.960]  Give us a call, go on to break, we'll be right back.
[01:30:03.960 --> 01:30:08.400]  PowerPoint has crept into our lives and reached the level of near obsession in corporate America.
[01:30:08.400 --> 01:30:10.280]  Are we going overboard with it?
[01:30:10.280 --> 01:30:16.040]  I'm Dr. Catherine Albrecht, back with a commentary on how PowerPoint erodes critical thinking,
[01:30:16.040 --> 01:30:17.840]  next.
[01:30:17.840 --> 01:30:19.560]  Privacy is under attack.
[01:30:19.560 --> 01:30:23.160]  When you give up data about yourself, you'll never get it back again.
[01:30:23.160 --> 01:30:28.120]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:28.120 --> 01:30:33.280]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:33.280 --> 01:30:35.920]  Privacy, it's worth hanging on to.
[01:30:35.920 --> 01:30:41.560]  This message is brought to you by Startpage.com, the private search engine alternative to Google,
[01:30:41.560 --> 01:30:43.240]  Yahoo and Bing.
[01:30:43.240 --> 01:30:47.000]  Start over with Startpage.
[01:30:47.000 --> 01:30:50.640]  We've all experienced it, death by PowerPoint.
[01:30:50.640 --> 01:30:55.400]  This presentation program has turned countless meetings into mind-numbing boredom.
[01:30:55.400 --> 01:30:56.560]  Got a product idea?
[01:30:56.560 --> 01:30:57.920]  Do a PowerPoint.
[01:30:57.920 --> 01:30:59.440]  Trouble in the battlefield?
[01:30:59.440 --> 01:31:00.440]  PowerPoint again.
[01:31:00.440 --> 01:31:01.440]  Ug.
[01:31:01.440 --> 01:31:05.360]  Unless it's creatively spiffed up with lots of pictures, PowerPoint can be the death of
[01:31:05.360 --> 01:31:06.360]  a meeting.
[01:31:06.360 --> 01:31:10.960]  It relieves the lazy speaker from having to actually write a thoughtful speech or convey
[01:31:10.960 --> 01:31:12.880]  a persuasive argument.
[01:31:12.880 --> 01:31:17.000]  Too often, instead of analysis, we get mind-numbing bullet points.
[01:31:17.000 --> 01:31:20.120]  The key is never to put your speech up on the screen.
[01:31:20.120 --> 01:31:24.200]  Use lots of pictures and never, ever, never read from a slide.
[01:31:24.200 --> 01:31:31.400]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
[01:31:31.400 --> 01:31:36.760]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.760 --> 01:31:39.000]  The government says that fire brought it down.
[01:31:39.000 --> 01:31:43.840]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.840 --> 01:31:46.600]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.600 --> 01:31:49.280]  Thousands of my fellow first responders are dying.
[01:31:49.280 --> 01:31:50.760]  I'm not a conspiracy theorist.
[01:31:50.760 --> 01:31:51.760]  I'm a structural engineer.
[01:31:51.760 --> 01:31:53.120]  I'm a New York City correction officer.
[01:31:53.120 --> 01:31:54.120]  I'm an Air Force pilot.
[01:31:54.120 --> 01:31:55.760]  I'm a father who lost his son.
[01:31:55.760 --> 01:31:58.360]  We're Americans, and we deserve the truth.
[01:31:58.360 --> 01:32:01.920]  Go to RememberBuilding7.org today.
[01:32:01.920 --> 01:32:05.640]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:05.640 --> 01:32:07.120]  Hey, listen to me.
[01:32:07.120 --> 01:32:08.120]  Who are you?
[01:32:08.120 --> 01:32:12.200]  I'm you years ago when you felt healthy and young and everything worked on your body.
[01:32:12.200 --> 01:32:13.440]  Do you remember that?
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[01:32:54.600 --> 01:33:18.040]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:18.040 --> 01:33:39.240]  Okay.
[01:33:39.240 --> 01:33:40.240]  We are back.
[01:33:40.240 --> 01:33:48.400]  I'm Andy Kelton, Debra Stevens, Wheel of Life Radio, and we're talking to Kevin in Texas.
[01:33:48.400 --> 01:33:49.880]  Kevin had a really busy break there.
[01:33:49.880 --> 01:33:50.880]  Where were we?
[01:33:50.880 --> 01:33:51.880]  Oh, no.
[01:33:51.880 --> 01:33:54.960]  You just finished kind of explaining what happened.
[01:33:54.960 --> 01:33:55.960]  Oh, Johnson County.
[01:33:55.960 --> 01:33:56.960]  Johnson County.
[01:33:56.960 --> 01:33:57.960]  Okay.
[01:33:57.960 --> 01:33:58.960]  Yes, sir.
[01:33:58.960 --> 01:33:59.960]  Okay.
[01:33:59.960 --> 01:34:00.960]  Yeah.
[01:34:00.960 --> 01:34:05.520]  We never want to get a public official removed from office or even harmed.
[01:34:05.520 --> 01:34:07.520]  All we want them to do is follow law.
[01:34:07.520 --> 01:34:08.520]  Yeah.
[01:34:08.520 --> 01:34:13.520]  You didn't want them to change the process on that because people weren't getting their
[01:34:13.520 --> 01:34:14.520]  due process.
[01:34:14.520 --> 01:34:17.080]  Well, there are other areas.
[01:34:17.080 --> 01:34:18.880]  We need more people to do it.
[01:34:18.880 --> 01:34:24.880]  We had Larry Wiest went to Johnson County to file some documents with the county clerk.
[01:34:24.880 --> 01:34:27.320]  The county clerk wouldn't file them.
[01:34:27.320 --> 01:34:28.320]  Called me, he said, what should I do?
[01:34:28.320 --> 01:34:31.480]  He said, go to the Sheriff's Department, file a criminal charge against her.
[01:34:31.480 --> 01:34:34.920]  He went to the Sheriff's Department, filed a criminal charge, they got him a lieutenant.
[01:34:34.920 --> 01:34:38.560]  The lieutenant called the clerk right there, made an appointment for him to go talk to
[01:34:38.560 --> 01:34:39.560]  her.
[01:34:39.560 --> 01:34:45.560]  Eight o'clock the next morning, the clerk called him, called Larry and said, will you
[01:34:45.560 --> 01:34:48.480]  come down here and refile those complaints?
[01:34:48.480 --> 01:34:51.920]  We made a mistake.
[01:34:51.920 --> 01:34:59.600]  They got right on it and the reason they got right on it is Darryl Hannah said, I am not
[01:34:59.600 --> 01:35:05.880]  going to have my job put at risk again over some nonsense like this.
[01:35:05.880 --> 01:35:11.320]  You get a complaint against a public official, you investigate that complaint and that's
[01:35:11.320 --> 01:35:18.280]  exactly what my purpose was and my only purpose.
[01:35:18.280 --> 01:35:28.920]  If we take them on not to harm them, not out of anger or avarice, but for the valid purpose
[01:35:28.920 --> 01:35:39.480]  of ensuring that they follow law and no other reason, we will be very, very effective.
[01:35:39.480 --> 01:35:47.560]  I am effective because I never approach these guys with anger.
[01:35:47.560 --> 01:35:55.480]  I had a bailiff drag me down the stairs, shove me out the door, knock me down, broke my elbow
[01:35:55.480 --> 01:36:02.520]  to prevent me from giving criminal complaints to the grand jury against the district attorney.
[01:36:02.520 --> 01:36:07.600]  I did not file against the bailiff.
[01:36:07.600 --> 01:36:14.240]  Had I filed against the bailiff, there was a very good chance his career would have ended
[01:36:14.240 --> 01:36:20.280]  and sure, the bailiff shouldn't have done what he did, but that is no reason to ruin
[01:36:20.280 --> 01:36:23.880]  a 20 year career.
[01:36:23.880 --> 01:36:28.920]  I did not want to harm him and I discipline myself.
[01:36:28.920 --> 01:36:37.400]  I will not allow myself to do something because somebody hurt my feelings or injured me.
[01:36:37.400 --> 01:36:48.600]  If I can't maintain my purpose toward securing the right of things, I'm not going to do it.
[01:36:48.600 --> 01:36:55.760]  And frankly, when I didn't go after that bailiff, that dramatically changed how everybody
[01:36:55.760 --> 01:36:59.120]  dealt with me in the courthouse.
[01:36:59.120 --> 01:37:04.720]  All of a sudden they realized I wasn't the bad guy and there wasn't out there just trying
[01:37:04.720 --> 01:37:08.560]  to cause them difficulty and grief.
[01:37:08.560 --> 01:37:17.920]  You will find the same thing if you keep your purpose well defined and do not let them drag
[01:37:17.920 --> 01:37:21.720]  you away from your purpose.
[01:37:21.720 --> 01:37:27.720]  These people are very good at confrontation and they will do everything they can to lead
[01:37:27.720 --> 01:37:31.240]  you into a confrontation.
[01:37:31.240 --> 01:37:36.480]  If you allow them to get you into a confrontation, you're out of your league.
[01:37:36.480 --> 01:37:39.760]  These guys do confrontation all day, every day.
[01:37:39.760 --> 01:37:40.760]  You don't.
[01:37:40.760 --> 01:37:43.400]  They're going to be a lot better at it than you.
[01:37:43.400 --> 01:37:51.360]  So to counter that particular issue, I used the Bushwhack technique.
[01:37:51.360 --> 01:37:56.440]  And the way this works is you never ask public officials to do anything you actually want
[01:37:56.440 --> 01:37:59.320]  them to do.
[01:37:59.320 --> 01:38:05.960]  You only ask public officials to do what the law specifically commands them to do.
[01:38:05.960 --> 01:38:15.080]  Now, they will tell you what their policy is, but you don't care what their policy is.
[01:38:15.080 --> 01:38:23.760]  I had a guard in a JP's office say, we have a court rule with no cell phones.
[01:38:23.760 --> 01:38:25.760]  I said, well, you got a court rule.
[01:38:25.760 --> 01:38:27.480]  I got a constitution.
[01:38:27.480 --> 01:38:32.440]  I got a statute and I got a court decision that says you can use your rule for toilet
[01:38:32.440 --> 01:38:34.920]  paper.
[01:38:34.920 --> 01:38:40.120]  Your policies and your procedures where they do not comport with statute, you can use those
[01:38:40.120 --> 01:38:43.880]  for toilet paper as far as I'm concerned.
[01:38:43.880 --> 01:38:48.920]  You have a really good reason for not doing this and that reason is that you're following
[01:38:48.920 --> 01:38:49.920]  policy.
[01:38:49.920 --> 01:38:52.720]  Well, knock yourself out.
[01:38:52.720 --> 01:38:54.840]  But I don't care about your policy.
[01:38:54.840 --> 01:39:00.120]  If your policy conflicts with law, explain it to a grand jury, not to me.
[01:39:00.120 --> 01:39:02.720]  Does that make sense, Kevin?
[01:39:02.720 --> 01:39:03.720]  Oh, yes, sir.
[01:39:03.720 --> 01:39:08.320]  Yes, sir, and I love the way you do stuff like that.
[01:39:08.320 --> 01:39:11.960]  One other question I had on this deal, though, was the way they were holding those hearings
[01:39:11.960 --> 01:39:17.120]  basically in secret down there, what got it all started, and then they delivered the information
[01:39:17.120 --> 01:39:20.520]  where they were supposed to seal it and they didn't.
[01:39:20.520 --> 01:39:23.640]  Did that change or is that still happening?
[01:39:23.640 --> 01:39:25.160]  Wait a minute.
[01:39:25.160 --> 01:39:26.640]  What hearings in secret?
[01:39:26.640 --> 01:39:31.160]  Well, the one you went to go see at the jail and they wouldn't let you see it and they
[01:39:31.160 --> 01:39:32.160]  wouldn't let you see it.
[01:39:32.160 --> 01:39:33.160]  Oh, I don't know.
[01:39:33.160 --> 01:39:35.680]  I haven't went back and checked.
[01:39:35.680 --> 01:39:43.640]  But I can almost assure you that if I go to Johnson County and I say, I want to observe
[01:39:43.640 --> 01:39:51.480]  the morning arraignment hearing, they will make provision for me to be able to do that.
[01:39:51.480 --> 01:39:58.060]  That was kind of surprising because most jails will already do that.
[01:39:58.060 --> 01:40:03.860]  They can provide you with a monitor so you can watch on video.
[01:40:03.860 --> 01:40:07.800]  And according to law, that's sufficient.
[01:40:07.800 --> 01:40:08.880]  And they've just been arrogant.
[01:40:08.880 --> 01:40:14.240]  I haven't tested it, but I can almost assure you that if you go down there and say, you
[01:40:14.240 --> 01:40:15.240]  might try it.
[01:40:15.240 --> 01:40:21.120]  Just go down to the jail about seven o'clock in the morning, say, I want to watch the morning
[01:40:21.120 --> 01:40:28.440]  trials, they want to call them other things, but they can't have these other things.
[01:40:28.440 --> 01:40:35.520]  They have to be examining trials and see what they do.
[01:40:35.520 --> 01:40:43.080]  Don't tell them what, you know, keep in mind, you are the master and these are not your
[01:40:43.080 --> 01:40:44.080]  direct employees.
[01:40:44.080 --> 01:40:46.040]  The sheriff is your employee.
[01:40:46.040 --> 01:40:49.600]  Were you ever in the military?
[01:40:49.600 --> 01:40:51.400]  No, sir.
[01:40:51.400 --> 01:40:52.400]  Okay.
[01:40:52.400 --> 01:40:56.360]  If you were in the military and you're doing something wrong and the base commander comes
[01:40:56.360 --> 01:41:02.640]  by and he sees you doing something wrong, the last thing the base commander is going
[01:41:02.640 --> 01:41:07.000]  to do is confront you.
[01:41:07.000 --> 01:41:08.000]  He's the base commander.
[01:41:08.000 --> 01:41:10.680]  He doesn't get involved in this stuff.
[01:41:10.680 --> 01:41:14.680]  What he's going to do is he's going to find out what duty section you're in.
[01:41:14.680 --> 01:41:20.280]  He's going to call your officer in charge of your entire duty section and say, what
[01:41:20.280 --> 01:41:24.200]  in the heck is going on?
[01:41:24.200 --> 01:41:28.080]  I saw one of your troops doing this, that or the other.
[01:41:28.080 --> 01:41:35.300]  And then the officer in charge of your duty section is going to call your NCOIC and say,
[01:41:35.300 --> 01:41:36.760]  what in the heck is going on?
[01:41:36.760 --> 01:41:39.760]  The commander's chewing me out because of one of your troops.
[01:41:39.760 --> 01:41:42.080]  Can't you control your troops?
[01:41:42.080 --> 01:41:51.520]  And your NCOIC is going to call your direct supervisor and say, what is your problem?
[01:41:51.520 --> 01:41:56.520]  He's going to call your sergeant, chew him out because his boss is chewing him out because
[01:41:56.520 --> 01:41:59.960]  his boss is chewing him out and it's going to go downhill.
[01:41:59.960 --> 01:42:05.200]  This is what they talk about, poop rolling downhill.
[01:42:05.200 --> 01:42:06.920]  Same way in government.
[01:42:06.920 --> 01:42:11.200]  You are the base commander.
[01:42:11.200 --> 01:42:14.160]  You don't go down here and tell these guys how to do their job.
[01:42:14.160 --> 01:42:20.360]  You tell them what you want them to do and when they don't, then you go to someone above
[01:42:20.360 --> 01:42:25.640]  their head and chew out someone above their head.
[01:42:25.640 --> 01:42:31.640]  In this case, when I get stopped by a policeman, I get about two smart mouth words out of that
[01:42:31.640 --> 01:42:32.640]  policeman.
[01:42:32.640 --> 01:42:35.420]  I dial 911.
[01:42:35.420 --> 01:42:43.240]  I get him to do anything to give me the idea that he is out of control, that he is agitated,
[01:42:43.240 --> 01:42:46.920]  that he is cranked up on anabolic steroids.
[01:42:46.920 --> 01:42:51.720]  You look at these police officers whose skin looks so tight.
[01:42:51.720 --> 01:42:57.360]  It looks like if you poked them with a pen, they would pop like a tick.
[01:42:57.360 --> 01:42:59.120]  Anabolic steroids.
[01:42:59.120 --> 01:43:03.200]  I get one of those guys, I get about two words I don't like out of him.
[01:43:03.200 --> 01:43:05.840]  I don't tell him I don't like the words he's given me.
[01:43:05.840 --> 01:43:11.720]  I call 911 and tell the 911 operator I don't like what he's saying to me.
[01:43:11.720 --> 01:43:16.800]  Get me an officer out here to take control of him.
[01:43:16.800 --> 01:43:21.040]  Works much better.
[01:43:21.040 --> 01:43:26.640]  Never ever give fair warning.
[01:43:26.640 --> 01:43:32.480]  They will always interpret fair warning as a threat.
[01:43:32.480 --> 01:43:35.280]  You have no need to threaten to warn them.
[01:43:35.280 --> 01:43:42.360]  You are the CEO, you're the director of the department, you're the boss, you go to the
[01:43:42.360 --> 01:43:47.600]  director of the department and crawl down his throat and let him explain to them what
[01:43:47.600 --> 01:43:48.600]  the problem is.
[01:43:48.600 --> 01:43:49.600]  Does that make sense?
[01:43:49.600 --> 01:43:50.600]  Yes, sir.
[01:43:50.600 --> 01:43:51.600]  Okay, okay.
[01:43:51.600 --> 01:43:52.600]  Hold on.
[01:43:52.600 --> 01:43:53.600]  Hold on.
[01:43:53.600 --> 01:43:54.600]  I'm sorry.
[01:43:54.600 --> 01:43:55.600]  We're right out of time.
[01:43:55.600 --> 01:43:56.600]  We'll pick this up on the other side.
[01:43:56.600 --> 01:43:57.600]  Danny, I see you there.
[01:43:57.600 --> 01:44:00.240]  We'll finish this up and get to you.
[01:44:00.240 --> 01:44:03.800]  Do you feel tired when talking about important topics like money and politics?
[01:44:03.800 --> 01:44:04.800]  Boring.
[01:44:04.800 --> 01:44:07.640]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.640 --> 01:44:08.640]  What?
[01:44:08.640 --> 01:44:12.480]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:46:27.520 --> 01:46:29.320]  Okay, we are back.
[01:46:29.320 --> 01:46:31.520]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:46:31.520 --> 01:46:35.120]  We're talking to Kevin in Texas.
[01:46:35.120 --> 01:46:42.720]  You mentioned, okay, have you had a specific problem with the Johnson County?
[01:46:42.720 --> 01:46:43.520]  No, sir.
[01:46:43.520 --> 01:46:45.120]  No, I've never had any problem with anything down here.
[01:46:45.120 --> 01:46:46.320]  I'm just...
[01:46:46.320 --> 01:46:47.920]  Perfect.
[01:46:47.920 --> 01:46:49.720]  Perfect.
[01:46:49.720 --> 01:46:57.720]  There is no better guy to go in and kick their behinds than the guy who has no issue with
[01:46:57.720 --> 01:47:03.720]  them, because they can't say that you have an axe to grind.
[01:47:03.720 --> 01:47:07.520]  That's what the grand jury foreman was trying to get to.
[01:47:07.520 --> 01:47:11.120]  What axe do you have to grind against the prosecutor?
[01:47:11.120 --> 01:47:13.520]  I don't have any axe to grind against him.
[01:47:13.520 --> 01:47:20.120]  And that was the real problem, that I wasn't somebody who had been mistreated by him.
[01:47:20.120 --> 01:47:26.920]  I wasn't someone who had a friend or a relative mistreated by him or treated in a way that
[01:47:26.920 --> 01:47:28.520]  I wasn't happy with.
[01:47:28.520 --> 01:47:36.720]  You could well be the most powerful person in the county, because you only care about
[01:47:36.720 --> 01:47:39.520]  what's right.
[01:47:39.520 --> 01:47:41.720]  And that is really hard for them to deal with.
[01:47:41.720 --> 01:47:47.720]  He's a true, absolute good guy.
[01:47:47.720 --> 01:47:49.720]  So I'm pleased.
[01:47:49.720 --> 01:47:51.520]  So what do you want to do to him in Johnson County?
[01:47:51.520 --> 01:47:53.920]  What do you want to change?
[01:47:53.920 --> 01:47:56.120]  I don't want to...
[01:47:56.120 --> 01:47:57.520]  There's nothing I particularly want to do.
[01:47:57.520 --> 01:48:00.920]  Like I said, I've just been listening and learning how the system works and how...
[01:48:00.920 --> 01:48:07.520]  It really irritates me that the due process for the individual is going out the window
[01:48:07.520 --> 01:48:09.520]  every step of the way.
[01:48:09.520 --> 01:48:15.520]  But that's what I'm working on, and I may actually be close to getting Wise County to
[01:48:15.520 --> 01:48:19.920]  actually follow the code.
[01:48:19.920 --> 01:48:27.560]  And if I can get them to follow the code, then I may be able to get some other counties
[01:48:27.560 --> 01:48:29.200]  to follow the code.
[01:48:29.200 --> 01:48:30.520]  But I do need to move along.
[01:48:30.520 --> 01:48:34.960]  I've got Danny, he's been waiting, and I know he has a somewhat complex issue, and he's
[01:48:34.960 --> 01:48:38.520]  going to take a while, and I'm running out of time.
[01:48:38.520 --> 01:48:39.520]  That's right.
[01:48:39.520 --> 01:48:40.520]  I appreciate it.
[01:48:40.520 --> 01:48:41.520]  I appreciate it.
[01:48:41.520 --> 01:48:45.120]  And if you ever back down this way in Johnson County, I'd love to talk to you or meet you.
[01:48:45.120 --> 01:48:46.120]  Okay.
[01:48:46.120 --> 01:48:47.120]  Stay in touch with us.
[01:48:47.120 --> 01:48:48.120]  All right.
[01:48:48.120 --> 01:48:49.120]  Okay.
[01:48:49.120 --> 01:48:50.120]  Thank you.
[01:48:50.120 --> 01:48:51.120]  Thank you, Kevin.
[01:48:51.120 --> 01:48:52.120]  We're going to Danny in Tennessee.
[01:48:52.120 --> 01:48:53.120]  Hello, Danny.
[01:48:53.120 --> 01:48:54.120]  Hey.
[01:48:54.120 --> 01:48:55.120]  How are you doing?
[01:48:55.120 --> 01:48:56.120]  Yeah.
[01:48:56.120 --> 01:49:01.120]  And I apologize for missing you when I was in Tennessee.
[01:49:01.120 --> 01:49:07.320]  You gave me one number, called me on another number, and it didn't occur to me that there
[01:49:07.320 --> 01:49:08.760]  were two different numbers.
[01:49:08.760 --> 01:49:13.840]  We were supposed to meet in Jackson, Tennessee, last Tuesday, and I missed it.
[01:49:13.840 --> 01:49:14.840]  Yeah.
[01:49:14.840 --> 01:49:21.440]  Well, my time on the line here may be short, maybe less than two minutes before I get cut
[01:49:21.440 --> 01:49:22.440]  off.
[01:49:22.440 --> 01:49:24.800]  I'm not sure about this version that I'm using now.
[01:49:24.800 --> 01:49:28.520]  But I wasn't calling about the complex thing you're talking about.
[01:49:28.520 --> 01:49:35.360]  We can do that tomorrow, but you said you like those technical discussions, and we started
[01:49:35.360 --> 01:49:41.080]  one before, about the definition of person in the Code of Criminal Procedure.
[01:49:41.080 --> 01:49:43.920]  Yes.
[01:49:43.920 --> 01:49:53.040]  And anyway, what it was, was it originally had a reference to the penal code for the
[01:49:53.040 --> 01:49:55.200]  definitions there.
[01:49:55.200 --> 01:50:04.120]  And then in 1973, they adopted Chapter 17A, it had a corporation and association there.
[01:50:04.120 --> 01:50:09.400]  It had a definition of person, person, he, him, clue, corporation, association.
[01:50:09.400 --> 01:50:13.400]  But it also still had the reference to the penal code.
[01:50:13.400 --> 01:50:21.640]  And then in 1975, they amended that reference as in Article 3.01.
[01:50:21.640 --> 01:50:26.760]  And it stated then that words and phrases, all words, phrases, and terms used in this
[01:50:26.760 --> 01:50:31.280]  code are to be taken and understood in their usual acceptation in common language, except
[01:50:31.280 --> 01:50:36.480]  for especially defined, and unless especially accepted, have the meaning which is given
[01:50:36.480 --> 01:50:39.720]  to them in the penal code.
[01:50:39.720 --> 01:50:51.600]  And then in 1975, they amended Article 3.01 and cut off that part at the end, and unless
[01:50:51.600 --> 01:50:56.340]  hearing especially accepted, have the meaning which is given to them in the penal code.
[01:50:56.340 --> 01:51:01.120]  So they chopped off the reference to the penal code for the definitions.
[01:51:01.120 --> 01:51:08.880]  So that really only leaves the definition in Chapter 17A, which limits it to a corporation
[01:51:08.880 --> 01:51:12.240]  and association.
[01:51:12.240 --> 01:51:24.280]  So you're saying now that where person is used in what, the Code of Criminal Procedure,
[01:51:24.280 --> 01:51:36.640]  and this definition is in the Code of Criminal Procedure.
[01:51:36.640 --> 01:51:38.840]  I think we lost Danny.
[01:51:38.840 --> 01:51:40.400]  Danny, you still there?
[01:51:40.400 --> 01:51:41.960]  Okay, he's back.
[01:51:41.960 --> 01:51:43.960]  Okay, I love you.
[01:51:43.960 --> 01:51:46.000]  Okay, you back, Danny?
[01:51:46.000 --> 01:51:47.360]  Am I?
[01:51:47.360 --> 01:51:49.200]  Yeah, I think so.
[01:51:49.200 --> 01:51:50.200]  I think so.
[01:51:50.200 --> 01:51:51.200]  Okay, there you go.
[01:51:51.200 --> 01:52:00.920]  So you're saying that 17A defines a person, and the Code of Criminal Procedure no longer
[01:52:00.920 --> 01:52:06.860]  refers back to the penal code, so that in the Code of Criminal Procedure, person only
[01:52:06.860 --> 01:52:14.800]  means corporation or association, or are you saying that this definition also applies in
[01:52:14.800 --> 01:52:15.800]  the penal code?
[01:52:15.800 --> 01:52:23.520]  No, I'm not, no, I'm saying they chopped off the connection to the penal code for the
[01:52:23.520 --> 01:52:27.720]  definition.
[01:52:27.720 --> 01:52:28.720]  And so...
[01:52:28.720 --> 01:52:31.320]  Okay, let's get this straight.
[01:52:31.320 --> 01:52:41.020]  Okay, in the Code of Criminal Procedure, the code defines, I'm sorry, in 17A of the Code
[01:52:41.020 --> 01:52:46.320]  of Criminal Procedure, it defines a person as a corporation or an association.
[01:52:46.320 --> 01:52:53.560]  But then 17A is specific to corporations and associations.
[01:52:53.560 --> 01:53:03.360]  So does that definition only apply to 17A, or is there something that tells us that we
[01:53:03.360 --> 01:53:12.400]  can generalize this definition in 17A to other parts of the code?
[01:53:12.400 --> 01:53:20.400]  Yeah, in that chapter near the start of the definitions that you're giving.
[01:53:20.400 --> 01:53:25.160]  Okay, that chapter, you're talking about 17A or Chapter 17?
[01:53:25.160 --> 01:53:26.160]  17A.
[01:53:26.160 --> 01:53:27.160]  Okay.
[01:53:27.160 --> 01:53:34.360]  So it says that it's applicable to the entire code.
[01:53:34.360 --> 01:53:37.760]  Wait a minute, does it say entire code?
[01:53:37.760 --> 01:53:44.040]  No, I have to go get it again and see exactly what it says, but yeah, that's basically what
[01:53:44.040 --> 01:53:45.040]  it says, yeah.
[01:53:45.040 --> 01:53:53.960]  The reason I ask this question is 17A specifically references corporations and associations.
[01:53:53.960 --> 01:54:00.360]  So since the chapter only goes to corporations and associations, then we have a definition
[01:54:00.360 --> 01:54:08.600]  that defines person as a corporation or association.
[01:54:08.600 --> 01:54:15.360]  Unless there's something to tell me that the definition corporation and association as
[01:54:15.360 --> 01:54:26.880]  found in this section applies to other sections, I would tend to only apply that definition
[01:54:26.880 --> 01:54:28.600]  in this section.
[01:54:28.600 --> 01:54:29.800]  So that's what I'm looking for.
[01:54:29.800 --> 01:54:30.800]  Is that there?
[01:54:30.800 --> 01:54:35.640]  It says in this code.
[01:54:35.640 --> 01:54:40.000]  Okay, what does this code mean?
[01:54:40.000 --> 01:54:47.120]  Does it mean this code of criminal procedure or this particular code, 17A?
[01:54:47.120 --> 01:54:54.440]  Well, I took it to mean the code of criminal procedure as being the code.
[01:54:54.440 --> 01:55:01.160]  Okay, that's where I have an issue.
[01:55:01.160 --> 01:55:12.200]  It says this code in 17A is a code, so that tends to be somewhat ambiguous.
[01:55:12.200 --> 01:55:21.760]  Instead of using pronouns, which I hate in law, it should have said in the code of criminal
[01:55:21.760 --> 01:55:28.960]  procedure or in chapter 17A, so we wouldn't have this issue of what it actually applies
[01:55:28.960 --> 01:55:29.960]  to.
[01:55:29.960 --> 01:55:39.440]  It does not seem reasonable to apply this focused definition that appears in a focused
[01:55:39.440 --> 01:55:44.400]  chapter to the entire code generally.
[01:55:44.400 --> 01:55:50.640]  Well, if you read where they make, in other places where they're doing definitions, other
[01:55:50.640 --> 01:55:58.920]  codes and things, it generally says in this chapter, in this section, in this subsection,
[01:55:58.920 --> 01:56:04.880]  this is the definition, but this place, it says in this code.
[01:56:04.880 --> 01:56:13.400]  Okay, now we need to go find the definition for code.
[01:56:13.400 --> 01:56:19.120]  At this point, I'm not sure precisely what code means.
[01:56:19.120 --> 01:56:30.040]  Does it mean an entire section of statutes, rules, or regulations?
[01:56:30.040 --> 01:56:33.480]  Because we go back to what the code actually is.
[01:56:33.480 --> 01:56:43.120]  We have a whole bunch of public laws filed, enacted by the legislature and entered into
[01:56:43.120 --> 01:56:45.800]  the public laws.
[01:56:45.800 --> 01:56:53.640]  And then we hire this publisher to go through the public laws and pull out all of those
[01:56:53.640 --> 01:57:00.200]  laws that relate to one another and codify them into a code.
[01:57:00.200 --> 01:57:13.760]  Okay, so when we use the term codes, if I say Article 2.03, I consider that one of the
[01:57:13.760 --> 01:57:24.920]  codes, but then Article 2.03 is one of the codes that's in Chapter 2 of the code we
[01:57:24.920 --> 01:57:29.120]  call the Code of Criminal Procedure.
[01:57:29.120 --> 01:57:39.120]  So is every reference inside the Code of Criminal Procedure to the code?
[01:57:39.120 --> 01:57:48.000]  Does the code reference necessarily refer to the entire code?
[01:57:48.000 --> 01:57:57.040]  Or can it refer to an individual statute or section within the code?
[01:57:57.040 --> 01:58:00.640]  Is there anything to give us any illumination on that?
[01:58:00.640 --> 01:58:10.080]  Well, I have to look a little bit, but yeah, I think some of it's in the code structure.
[01:58:10.080 --> 01:58:12.800]  Look that up and bring it back tomorrow.
[01:58:12.800 --> 01:58:13.800]  Yeah.
[01:58:13.800 --> 01:58:14.800]  Okay.
[01:58:14.800 --> 01:58:15.800]  That's a good issue.
[01:58:15.800 --> 01:58:21.160]  I like these kinds of discussions that get down to a technical and that technical goes
[01:58:21.160 --> 01:58:24.160]  to an engineer's heart.
[01:58:24.160 --> 01:58:27.440]  Okay, call us back tomorrow night, Danny.
[01:58:27.440 --> 01:58:31.520]  This is Randy Kelton, Deborah Stevens, ruler of our radio.
[01:58:31.520 --> 01:58:32.520]  Thank you all for listening.
[01:58:32.520 --> 01:58:37.680]  We'll be back tomorrow night on our four hour info marathon, so if you have a question or
[01:58:37.680 --> 01:58:40.840]  comment, we'll have a lot more time to get to you.
[01:58:40.840 --> 01:58:46.720]  I'll try not to waste too much of your time with my opening dissertations.
[01:58:46.720 --> 01:58:50.560]  Thank you all for listening and good night.
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