ROL_2015-04-09_16k.timecode

[00:00.000 --> 00:07.600]  This is The Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.600 --> 00:08.600]  at TheLibertyBeat.com.
[00:08.600 --> 00:12.720]  I'm Brian Hagan with your Liberty Beat for Thursday, March 9, 2015.
[00:12.720 --> 00:20.720]  Gold is trading at $1,196, down $5, silver at $16.23, down 22 cents, and bitcoin is trading
[00:20.720 --> 00:21.720]  around $244.60.
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[00:28.360 --> 00:31.480]  Buy bitcoin today at ExpressCoin.com.
[00:31.480 --> 00:35.520]  In the news, Human Rights Watch has filed a lawsuit against the U.S. Drug Enforcement
[00:35.520 --> 00:36.520]  Administration.
[00:36.520 --> 00:41.120]  After it was revealed, the agency has been collecting phone records since 1992.
[00:41.120 --> 00:45.760]  The DEA program was first revealed in January, with new details being reported this week
[00:45.760 --> 00:48.000]  by USA Today.
[00:48.000 --> 00:52.000]  Human Rights Watch is represented by the Electronic Frontier Foundation.
[00:52.000 --> 00:57.040]  Nate Cardozo, an attorney with the EFF, said the DEA illegally operated the program in
[00:57.040 --> 00:59.120]  secret for years.
[00:59.120 --> 01:03.400]  He says the lawsuit aims to vindicate the rights and the rights of all Americans to
[01:03.400 --> 01:11.720]  make calls overseas without being subject to government surveillance.
[01:11.720 --> 01:15.800]  The Baltimore Police Department has used the Stingray cell phone surveillance equipment
[01:15.800 --> 01:18.680]  about 4,300 times since 2007.
[01:18.680 --> 01:22.400]  Now that's more than any other department in the country.
[01:22.400 --> 01:27.520]  The new information came in the testimony of Baltimore police detective Emanuel Cabrera.
[01:27.520 --> 01:32.240]  The officer said the police have used the Hellstorm, an upgraded version of the Stingray.
[01:32.240 --> 01:36.920]  Both devices are brand names of cell-side simulators, which can collect metadata from
[01:36.920 --> 01:41.840]  cell phones, including location, numbers dialed, time of call, and more.
[01:41.840 --> 01:46.280]  The revelation comes just days after redacted documents reveal that local police departments
[01:46.280 --> 01:51.080]  signed nondisclosure agreements, which required them to ask for FBI approval before releasing
[01:51.080 --> 01:56.440]  information about the devices.
[01:56.440 --> 02:01.280]  A new set of hearings have been canceled in the long-delayed controversy-plagued trial
[02:01.280 --> 02:04.960]  of the alleged mastermind of the September 11th attacks.
[02:04.960 --> 02:10.440]  Military judges canceled three hearings planned for April 20th to 24th in Cuba.
[02:10.440 --> 02:15.240]  The trial was last delayed by the revelation that a Defense Department interpreter formerly
[02:15.240 --> 02:18.560]  worked at the same compound that the men were tortured at.
[02:18.560 --> 02:21.800]  The next hearing will not be held until June 1st.
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[02:47.680 --> 02:52.800]  This is the Liberty Beat for Thursday, April 9th, 2015.
[02:52.800 --> 03:22.320]  Check out the website at thelibertybeat.com.
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[04:11.760 --> 04:20.840]  Howdy, howdy, Randy Kelton, Debra Stevens, The Wheel of Law Radio on this Thursday, the
[04:20.840 --> 04:25.480]  ninth day of March 2015.
[04:25.480 --> 04:29.840]  We're already a quarter of the way through another year.
[04:29.840 --> 04:32.600]  And we're having some really good weather here today.
[04:32.600 --> 04:36.200]  It's actually rained in Texas.
[04:36.200 --> 04:39.240]  And I've been telling people it never rains in Texas.
[04:39.240 --> 04:43.080]  We're actually getting some nice rain, spring is popping out everywhere.
[04:43.080 --> 04:46.040]  It looks just beautiful here.
[04:46.040 --> 04:52.560]  And I do have some crowing that I think, actually not crowing yet, but I think it's going to
[04:52.560 --> 04:53.720]  get there.
[04:53.720 --> 05:03.480]  I have been talking for a long time about a plan on a different way of going about invoking
[05:03.480 --> 05:06.600]  the grand jury.
[05:06.600 --> 05:15.720]  And last Thursday, Thursdays a week ago today, I went to the district attorney's office in
[05:15.720 --> 05:22.160]  Travis and Tarrant County and filed a set of criminal complaints against the district
[05:22.160 --> 05:25.800]  attorney in Dallas County.
[05:25.800 --> 05:32.520]  Now this was, took a long time to structure and took quite a bit to get it set up.
[05:32.520 --> 05:46.760]  But we set up a situation so that we could bring forward a very focused point of law.
[05:46.760 --> 05:52.120]  And the focused point of law went to grand jury venue.
[05:52.120 --> 05:59.720]  If you go to grand jury, you hear a lot of talk about a county grand jury.
[05:59.720 --> 06:06.720]  I'm in Wise County and the district court in Wise County encompasses two districts,
[06:06.720 --> 06:13.600]  I'm sorry, two counties, Wise County and Jack County.
[06:13.600 --> 06:20.480]  The district judge for Wise County impanels a grand jury for both Wise County and Jack
[06:20.480 --> 06:21.480]  County.
[06:21.480 --> 06:26.360]  So each county has a grand jury.
[06:26.360 --> 06:37.080]  Well, perhaps because of that, there is an implication that somehow the grand jury, because
[06:37.080 --> 06:45.280]  there is one impaneled in each county, has a venue restriction to that county.
[06:45.280 --> 06:51.120]  For those who are not clear the difference between jurisdiction and venue, let me explain.
[06:51.120 --> 06:55.840]  District judges in Texas are state judges.
[06:55.840 --> 07:01.360]  Now when Texas was sparsely populated, they were circuit judges.
[07:01.360 --> 07:06.440]  Each was a district judge and had jurisdiction throughout the entire state.
[07:06.440 --> 07:11.640]  And they would travel around and make a circuit of different courts and try hearings, try
[07:11.640 --> 07:14.040]  whatever had accumulated in any one spot.
[07:14.040 --> 07:17.480]  They still do this in Mississippi.
[07:17.480 --> 07:22.480]  But we got so many people in Texas that we needed more judges.
[07:22.480 --> 07:26.880]  And we got so many that they didn't need to write a circuit anymore.
[07:26.880 --> 07:34.600]  So while the judge has statewide jurisdiction, his venue was limited to a specific geographical
[07:34.600 --> 07:36.400]  area.
[07:36.400 --> 07:43.080]  So while he has statewide authority, he can only hear cases in this particular venue.
[07:43.080 --> 07:53.360]  Well, the judge that invokes or consecrates the grand jury has that venue restriction,
[07:53.360 --> 08:02.920]  but I can find nothing in law that would indicate that the legislature intended to invoke the
[08:02.920 --> 08:15.320]  same kind of jurisdiction to a grand jury, or a venue at all to a grand jury.
[08:15.320 --> 08:20.400]  The legislature was absolutely silent on that part.
[08:20.400 --> 08:27.680]  Now the grand jury is impaneled as a state grand jury, so it is my contention that absent
[08:27.680 --> 08:39.040]  a statutory venue restriction, a grand jury has jurisdiction to hear any case from anywhere
[08:39.040 --> 08:40.040]  in the state.
[08:40.040 --> 08:44.680]  And this is mirrored in magistrates.
[08:44.680 --> 08:50.360]  As in effect, a grand jury does essentially the same thing that a magistrate does.
[08:50.360 --> 08:57.400]  And they do what they do based on the same parameters.
[08:57.400 --> 09:06.240]  When a grand jury hears a presentment by a prosecutor or some credible person, the grand
[09:06.240 --> 09:11.520]  jury must determine if there is reasonable probable cause to believe that a crime has
[09:11.520 --> 09:16.360]  been committed and that the accused committed that crime.
[09:16.360 --> 09:21.460]  That's the exact same requirement put on a magistrate.
[09:21.460 --> 09:28.400]  And Attorney General opinion H500 addresses jurisdiction of a magistrate.
[09:28.400 --> 09:37.120]  The question was, if someone is arrested for a crime in a different county, can a magistrate
[09:37.120 --> 09:40.560]  in this county hold an examining trial?
[09:40.560 --> 09:43.760]  And the answer was absolutely.
[09:43.760 --> 09:48.960]  That any magistrate in the state of Texas could hear any complaint felony or misdemeanor
[09:48.960 --> 09:51.240]  state or federal.
[09:51.240 --> 09:56.400]  No matter where it occurred within the state of Texas.
[09:56.400 --> 10:03.600]  So since the magistrate is doing the same, performing essentially the same function as
[10:03.600 --> 10:20.480]  a grand jury, and there is no law relating to the venue of a grand jury, then the Attorney
[10:20.480 --> 10:32.600]  General opinion H500 should also be considered to apply to grand juries as well as magistrates.
[10:32.600 --> 10:40.760]  While a Attorney General's opinion does not carry the weight of law, it is an effective
[10:40.760 --> 10:47.720]  legal brief and it's a legal brief put forth by a high level public official.
[10:47.720 --> 10:54.320]  Also should be given serious credence, especially when there's no other law referencing the
[10:54.320 --> 10:56.880]  topic.
[10:56.880 --> 11:10.960]  In the end, what this means is if we get this through and we get precedent set, then you
[11:10.960 --> 11:18.920]  can not only take a complaint to any grand jury in the state of Texas, you can take the
[11:18.920 --> 11:24.480]  same complaint to every grand jury in the state of Texas.
[11:24.480 --> 11:35.080]  I filed with the Tarrant County District Attorney and because of the way they dealt with me
[11:35.080 --> 11:43.520]  when I handed in the complaint, I had talked to both the Dallas County and Tarrant County
[11:43.520 --> 11:49.080]  District Attorneys, the new Dallas County Attorney, not the one I was filing against,
[11:49.080 --> 11:57.920]  and explained to them what I was doing and exactly on what law I was doing and what basis
[11:57.920 --> 12:05.320]  so that they would give me a good legal reading.
[12:05.320 --> 12:10.280]  When I handed in the complaint, the first thing that when I gave it to the baby, when
[12:10.280 --> 12:15.480]  I talked to the baby, the baby seemed to know exactly what was going on and it turned out
[12:15.480 --> 12:19.320]  he did because he had been instructed.
[12:19.320 --> 12:24.160]  He took my complaints without question and then I asked him to call down a prosecutor
[12:24.160 --> 12:32.840]  and she came down and her first comment to me was, we were expecting those months ago
[12:32.840 --> 12:39.120]  as if she was annoyed that it had taken me so long.
[12:39.120 --> 12:43.720]  Now those of you who have listened to Ernie for quite a while know that a few years ago
[12:43.720 --> 12:49.840]  I filed a set of criminal complaints against the Texas Court of Criminal Appeals and it
[12:49.840 --> 12:56.520]  took a year but I finally got those criminal complaints presented to a grand jury.
[12:56.520 --> 13:07.640]  And I thought at the time that it was all of my eloquent oratory and all of the innovative
[13:07.640 --> 13:13.200]  maneuvers that I had pulled, turned out it was none of that.
[13:13.200 --> 13:18.080]  Ron Earl, 25 year, a prosecutor, not running for office again.
[13:18.080 --> 13:24.320]  He's a Democrat, all 15 of those judges were Republicans, it was all political.
[13:24.320 --> 13:31.040]  He used my complaint to try to take out those 15 judges with him.
[13:31.040 --> 13:35.800]  Well we didn't get an indictment but what I complained about doesn't happen in Texas
[13:35.800 --> 13:36.800]  anymore.
[13:36.800 --> 13:47.360]  Well in this case, I got the distinct impression that these two prosecuting attorneys may well
[13:47.360 --> 13:54.720]  be taking my complaints against Craig Watkins seriously.
[13:54.720 --> 14:04.080]  And if they intend to take out Craig Watkins using my complaints, then they will almost
[14:04.080 --> 14:14.320]  have to take out the individuals that I named under Craig Watkins, Judge Norris Rodeau.
[14:14.320 --> 14:19.720]  I charged Norris, when I went to the district attorney, I went there with an accusation
[14:19.720 --> 14:26.880]  against Judge Norris Rodeau, accusing him of refusing to perform an examining trial
[14:26.880 --> 14:33.040]  on complaints against Judge Cooper, both of these are justices of the peace.
[14:33.040 --> 14:38.320]  And Judge Cooper, I accused of evicting a woman out in the street when he had no subject
[14:38.320 --> 14:43.480]  matter jurisdiction, therefore denied her informed free access to her employment right.
[14:43.480 --> 14:49.880]  I charged him with official oppression and actually a whole stack of complaints.
[14:49.880 --> 14:56.440]  If they use this set of complaints to take out district attorneys, a good chance I'll
[14:56.440 --> 15:01.840]  throw some of these lower level officials under the bus along with him.
[15:01.840 --> 15:07.840]  If this does turn out happening, everything will change in Texas.
[15:07.840 --> 15:11.520]  So that's my story, I'm sticking to it.
[15:11.520 --> 15:18.520]  We do have Jeff on the line, we have our phone lines open, our call in number 512-646-1984.
[15:18.520 --> 15:24.400]  If you have any comments or questions, give us a call, we're going to Jeff in Mississippi.
[15:24.400 --> 15:27.880]  Jeff, how is it going down there and he'll be there?
[15:27.880 --> 15:33.440]  Oh, it's going really good and I appreciate you guys having me on the show.
[15:33.440 --> 15:40.400]  My trial or my first hearing starts next week, but I think I'm ready to start suing people.
[15:40.400 --> 15:43.040]  Wonderful.
[15:43.040 --> 15:45.120]  Have you sent out any tort letters?
[15:45.120 --> 15:52.520]  No, I don't know anything about a tort letter and this is just because when I get there,
[15:52.520 --> 15:57.080]  I'm pretty sure that they're going to postpone and continue my case again.
[15:57.080 --> 16:02.120]  I'll show up to an empty courtroom and the law snicker and think that's funny.
[16:02.120 --> 16:07.000]  So I'm ready to start suing people, so tort letters.
[16:07.000 --> 16:14.520]  Tort letter, write your lawsuit and you know that distinctive court heading that goes on
[16:14.520 --> 16:25.880]  a lawsuit, take that off and put on a business letter heading, address it to the county commissioners
[16:25.880 --> 16:34.400]  or if this is a state, you have to look in Mississippi and see, you probably sue the
[16:34.400 --> 16:40.600]  state of Mississippi because of what a state official does.
[16:40.600 --> 16:41.600]  Hang on.
[16:41.600 --> 16:42.600]  We're about to go to break.
[16:42.600 --> 16:49.840]  Randy Kelton, David Stevens, rule of our radio, a call in number 512-646-1984, give us a line.
[16:49.840 --> 16:51.760]  We'll have the lines open all night.
[16:51.760 --> 17:00.760]  We'll be right back.
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[19:24.280 --> 19:25.280]  Okay we are back.
[19:25.280 --> 19:31.000]  Randy Kelton, Debra Stevens, Rule of Law Radio, and we are talking to Jeff in Mississippi.
[19:31.000 --> 19:42.720]  Tort Letters, the court prefers that you use the court as a remedy of last resort and not
[19:42.720 --> 19:44.480]  a remedy of first resort.
[19:44.480 --> 19:51.160]  Therefore they request that you exhaust all available remedies before you come to the
[19:51.160 --> 19:53.280]  court.
[19:53.280 --> 20:01.640]  With that said, the remedy that you have to exhaust is notice to the other party that
[20:01.640 --> 20:08.320]  you have been harmed and a demand that the other party make you whole.
[20:08.320 --> 20:15.360]  So to write a tort letter, the best kind of tort letter, is you write the lawsuit.
[20:15.360 --> 20:25.360]  You write a statement of facts, a statement of factual accusation, then you list a set
[20:25.360 --> 20:30.680]  of causes of action.
[20:30.680 --> 20:35.560]  These are the causes of action that define how you've harmed me.
[20:35.560 --> 20:40.680]  Walk down all the causes of action and torts.
[20:40.680 --> 20:44.240]  You have causes of action and you have torts.
[20:44.240 --> 20:51.520]  If we are in a contract, for instance I am a police officer, I am in a contract with
[20:51.520 --> 20:59.960]  the state and I violate that contract and harm you in the process, that's a cause of
[20:59.960 --> 21:00.960]  action.
[21:00.960 --> 21:08.080]  If I lie to you, to your detriment, that's a cause of action for a non-disclosure.
[21:08.080 --> 21:12.740]  If I do anything under contract or if you are dealing with someone else under contract
[21:12.740 --> 21:18.160]  and they do something that harms you, those are causes of action.
[21:18.160 --> 21:28.120]  If I don't have any relationship with you, like I am driving down the road and a city
[21:28.120 --> 21:34.520]  worker lifts up a backhoe stinger and swings it around and puts it through my truck window,
[21:34.520 --> 21:36.360]  that's a torch.
[21:36.360 --> 21:40.960]  He is harmed to me and we don't have a relationship with one another and that's specifically
[21:40.960 --> 21:50.400]  one of the things that cities have waved their sovereign immunity over, where a city worker
[21:50.400 --> 21:55.440]  commits a tort against you while they are working for the city.
[21:55.440 --> 22:00.280]  If somebody walks up and punches you in the nose and breaks your nose, that's a tort.
[22:00.280 --> 22:06.920]  So, torts or not is clearly defined as causes of action.
[22:06.920 --> 22:12.160]  But a little research on both will give you a clear idea of how to state a tort or a cause
[22:12.160 --> 22:13.160]  of action.
[22:13.160 --> 22:21.200]  They all have elements, they have elements that do not necessarily have to be proven
[22:21.200 --> 22:30.760]  in the pleading, but there must be enough facts on which to base each of the elements.
[22:30.760 --> 22:34.980]  You can't just recite the elements.
[22:34.980 --> 22:44.280]  This person and I were entered into a contractual negotiation, the person misrepresented the
[22:44.280 --> 22:50.600]  truth to me, the person knew that I did not have equal access to the truth, the person
[22:50.600 --> 22:54.800]  intended that I believe him, I did believe him and was harmed thereby.
[22:54.800 --> 22:59.860]  That's just a recitation of the elements of the cause of action.
[22:59.860 --> 23:06.840]  You have to state what they actually did that amounted to this.
[23:06.840 --> 23:13.760]  We entered into a contract where I was for the purchase of a property.
[23:13.760 --> 23:18.120]  The property had material defects.
[23:18.120 --> 23:29.960]  The lender, the seller had a statutory duty to disclose those defects.
[23:29.960 --> 23:36.320]  Buyer had no opportunity to discover the defects.
[23:36.320 --> 23:48.640]  Lender intended that the buyer believed the statements by seller of the quality of the
[23:48.640 --> 23:49.640]  house.
[23:49.640 --> 23:56.080]  Buyer believed the statements concerning the quality of the house and was harmed thereby.
[23:56.080 --> 23:58.160]  That would state the cause of action.
[23:58.160 --> 24:00.720]  It needs to be a little more clear there.
[24:00.720 --> 24:03.760]  You need to put enough facts in the cause of action.
[24:03.760 --> 24:09.360]  You state what they did that amounted to each one of the elements.
[24:09.360 --> 24:12.640]  Does that make sense, Jeff?
[24:12.640 --> 24:15.440]  Yeah.
[24:15.440 --> 24:16.440]  That's all there is.
[24:16.440 --> 24:23.760]  On the bottom of a lawsuit, you end with a prayer.
[24:23.760 --> 24:32.680]  In the prayer, you ask the court for what you want the court to grant you in an order.
[24:32.680 --> 24:40.780]  In a tort letter, you just change that to, I have been harmed as follows.
[24:40.780 --> 24:46.440]  You put in all the things you would ask the judge to grant you.
[24:46.440 --> 24:52.960]  The last thing you put in is, make me hold within 30 days or be sued.
[24:52.960 --> 24:59.920]  If it's a political entity as a rule or a governmental entity, as a rule, you have to
[24:59.920 --> 25:02.600]  give them 60 days notice.
[25:02.600 --> 25:08.360]  It's statutory in Texas that you have to give a governmental agency 60 days notice before
[25:08.360 --> 25:10.160]  you can sue them.
[25:10.160 --> 25:15.320]  It's notice and opportunity, opportunity to cure.
[25:15.320 --> 25:16.320]  That's what a tort letter is.
[25:16.320 --> 25:22.340]  You give them notice, make me hold by this date or be sued.
[25:22.340 --> 25:32.000]  That always gets them hopping, especially if you have a well-constructed tort letter.
[25:32.000 --> 25:38.520]  If you do one that points toward RICO, as a matter of fact, Jeff, if you will send me
[25:38.520 --> 25:41.560]  an email, I couldn't find your email address.
[25:41.560 --> 25:45.240]  I have someone send me an email that wanted to contact you.
[25:45.240 --> 25:53.320]  I will send you the RICO, the prosecutors, federal prosecutors RICO manual that Ms. Liz
[25:53.320 --> 26:02.320]  will send me, about 500 pages, but it tells you everything you need.
[26:02.320 --> 26:09.620]  You construct your tort letter as if you were writing a RICO suit.
[26:09.620 --> 26:14.720]  That will definitely create some anal restrictions in the courthouse.
[26:14.720 --> 26:21.440]  Okay, does that make sense?
[26:21.440 --> 26:22.440]  Yes.
[26:22.440 --> 26:23.440]  Can you hear me?
[26:23.440 --> 26:24.440]  Yes, I can.
[26:24.440 --> 26:25.440]  Okay.
[26:25.440 --> 26:26.440]  Yeah, that makes sense.
[26:26.440 --> 26:27.440]  I'll start working on that.
[26:27.440 --> 26:37.120]  I will send you an email tonight and I will have to, since I've never done a tort letter,
[26:37.120 --> 26:41.280]  I will call in next week just as a part two.
[26:41.280 --> 26:45.720]  Send me a draft if you want to, I'll look over it.
[26:45.720 --> 26:46.720]  Okay, you got it.
[26:46.720 --> 26:49.400]  All right, thank you so much.
[26:49.400 --> 26:50.400]  You are welcome.
[26:50.400 --> 26:53.440]  And good luck and don't have too much fun with these guys.
[26:53.440 --> 26:56.640]  Oh, I'm going to have a lot of fun.
[26:56.640 --> 26:57.640]  Thanks.
[26:57.640 --> 26:58.640]  Okay.
[26:58.640 --> 26:59.640]  Thank you, Jeff.
[26:59.640 --> 27:00.640]  Okay.
[27:00.640 --> 27:02.560]  Now we're going to Ted in Texas.
[27:02.560 --> 27:03.560]  Hello, Ted.
[27:03.560 --> 27:05.560]  What do you have for us today?
[27:05.560 --> 27:06.560]  Hi.
[27:06.560 --> 27:07.560]  Hi, Mr. Randy.
[27:07.560 --> 27:08.560]  Thanks for taking my call.
[27:08.560 --> 27:09.560]  You're welcome.
[27:09.560 --> 27:19.120]  So tell us what's happening in Williamson County with this judge getting in trouble for
[27:19.120 --> 27:23.080]  guns and Mexico and things like that.
[27:23.080 --> 27:26.960]  And I'll be happy to take my...
[27:26.960 --> 27:28.880]  I don't know anything about that.
[27:28.880 --> 27:31.080]  Will you bring this up to speed?
[27:31.080 --> 27:38.440]  Oh man, yeah, there's a judge who's getting, he's gotten in big trouble in Williamson County
[27:38.440 --> 27:43.960]  for gun sales and stuff.
[27:43.960 --> 27:48.280]  And he's in big, big trouble.
[27:48.280 --> 27:55.840]  So Debra, the hostess with the mostest, does she knows anything about it?
[27:55.840 --> 28:00.760]  I think she's in the back.
[28:00.760 --> 28:03.760]  For real, man.
[28:03.760 --> 28:07.880]  This Williamson County, I'm so sorry to call up and not be able to give you the name or
[28:07.880 --> 28:11.040]  anything like that.
[28:11.040 --> 28:12.040]  That's cruel.
[28:12.040 --> 28:17.840]  Get us all kept up and now we don't have any new information.
[28:17.840 --> 28:20.560]  I just holed it up on the web.
[28:20.560 --> 28:27.200]  But I'm telling you, there's a Williamson County judge that's in big trouble right now.
[28:27.200 --> 28:29.200]  This judge looks familiar.
[28:29.200 --> 28:34.680]  So tell me, well, just tell your radio audience about Williamson County.
[28:34.680 --> 28:40.600]  This is Debra, this is Tim Wright.
[28:40.600 --> 28:49.200]  When we went down to Williamson County and I asked the investigator for the district
[28:49.200 --> 28:55.880]  attorney to call the police, or actually I called 911 on the police and asked them to
[28:55.880 --> 28:59.680]  arrest him and the district attorney.
[28:59.680 --> 29:04.200]  And while I'm waiting for some officers to show up, I went across the hall to a district
[29:04.200 --> 29:09.880]  judge's office and asked his bailiff to ask the judge to take my criminal complaint against
[29:09.880 --> 29:10.880]  the district attorney.
[29:10.880 --> 29:19.160]  It was this guy, Tim Wright, who says he turned himself in.
[29:19.160 --> 29:25.320]  A Williamson County judge turned himself into federal authorities on Wednesday, accounting
[29:25.320 --> 29:29.400]  according to the indictment against him.
[29:29.400 --> 29:39.360]  Judge Tim Wright is accused of illegally selling firearms, selling firearms.
[29:39.360 --> 29:46.480]  He does have firearms to someone he knew or had reasonable cause to believe was a convicted
[29:46.480 --> 29:47.480]  felon.
[29:47.480 --> 29:49.880]  Today, his attorney denied all wrongdoing.
[29:49.880 --> 29:53.640]  We do not believe he was illegally selling firearms.
[29:53.640 --> 30:00.640]  We don't believe he made false statements to federal agents, said attorney Jeff Sinker.
[30:00.640 --> 30:04.160]  There's a new breed of pickpockets on the loose, and you could be their next victim
[30:04.160 --> 30:06.760]  if you have a recently issued credit or debit card.
[30:06.760 --> 30:10.960]  I'm Dr. Catherine Albrecht, and I'll be back in a moment with tips for protecting yourself
[30:10.960 --> 30:13.400]  from high-tech thieves.
[30:13.400 --> 30:18.720]  Your search engine is watching you, recording all your searches and creating a massive database
[30:18.720 --> 30:20.360]  of your personal information.
[30:20.360 --> 30:21.680]  That's creepy.
[30:21.680 --> 30:23.800]  But it doesn't have to be that way.
[30:23.800 --> 30:26.920]  Startpage.com is the world's most private search engine.
[30:26.920 --> 30:31.040]  Startpage doesn't store your IP address, make a record of your searches, or use tracking
[30:31.040 --> 30:33.320]  cookies, and they're third-party certified.
[30:33.320 --> 30:37.800]  If you don't like big brother spying on you, start over with Startpage.
[30:37.800 --> 30:40.640]  Great search results and total privacy.
[30:40.640 --> 30:44.200]  Startpage.com, the world's most private search engine.
[30:44.200 --> 30:49.760]  Credit and debit cards with PayPass RFID microchips let you wave and pay, but they also give thieves
[30:49.760 --> 30:54.840]  the ability to secretly capture your card information right through your wallet.
[30:54.840 --> 30:58.920]  Radiofrequency identification is a technology that uses radio waves to scan unique numbers
[30:58.920 --> 31:00.280]  from items.
[31:00.280 --> 31:04.660]  Like the waves that let you listen to your favorite radio station, RFID radio waves travel
[31:04.660 --> 31:07.640]  through solid objects like walls and purses.
[31:07.640 --> 31:13.360]  A savvy crook with the right RFID card reading device can walk through a crowd, siphon numbers,
[31:13.360 --> 31:15.240]  and use them to make purchases.
[31:15.240 --> 31:18.320]  And you might never be the wiser until the bill arrives.
[31:18.320 --> 31:19.320]  Protect yourself.
[31:19.320 --> 31:22.720]  Refuse cards with RFID inside and demand a replacement card.
[31:22.720 --> 31:24.320]  I'm Dr. Catherine Albrecht.
[31:24.320 --> 31:35.480]  More news and information at CatherineAlbrecht.com.
[31:35.480 --> 31:40.840]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:40.840 --> 31:43.000]  The government says that fire brought it down.
[31:43.000 --> 31:47.720]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:47.720 --> 31:50.560]  Over 6,000 of my fellow service members have given their lives.
[31:50.560 --> 31:53.360]  Thousands of my fellow first responders are dying.
[31:53.360 --> 31:54.680]  I'm not a conspiracy theorist.
[31:54.680 --> 31:55.680]  I'm a structural engineer.
[31:55.680 --> 31:57.160]  I'm a New York City correction office.
[31:57.160 --> 31:58.160]  I'm an Air Force pilot.
[31:58.160 --> 31:59.800]  I'm a father who lost his son.
[31:59.800 --> 32:02.440]  We're Americans, and we deserve the truth.
[32:02.440 --> 32:05.760]  Go to RememberBuilding7.org today.
[32:05.760 --> 32:09.280]  You feel tired when talking about important topics like money and politics?
[32:09.280 --> 32:10.280]  Glory!
[32:10.280 --> 32:13.040]  Are you confused by words like the Constitution or the Federal Reserve?
[32:13.040 --> 32:14.040]  What?
[32:14.040 --> 32:17.840]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[32:17.840 --> 32:23.280]  Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity.
[32:23.280 --> 32:28.160]  At an early age, I had no idea that the number one cause of the disease is found in almost
[32:28.160 --> 32:30.720]  every home in America, the television.
[32:30.720 --> 32:35.760]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[32:35.760 --> 32:39.520]  The staff at Brave New Books have helped me and thousands of other Foxaholics suffering
[32:39.520 --> 32:44.440]  from sports-zombie-ism recover, and because of Brave New Books, I now enjoy reading and
[32:44.440 --> 32:48.080]  watching educational documentaries without feeling tired or uninterested.
[32:48.080 --> 32:56.080]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503
[32:56.080 --> 33:00.120]  or visit them at 1904Guadalupe or bravenewbookstore.com.
[33:00.120 --> 33:03.520]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary
[33:03.520 --> 33:07.160]  and an overall increase in mental functioning.
[33:07.160 --> 33:18.440]  Live, free speech radio, logosradionetwork.com.
[33:18.440 --> 33:24.440]  Yes, Mr. Officer, you're taking the light in your head.
[33:24.440 --> 33:28.440]  Won't you follow the law of the land?
[33:28.440 --> 33:44.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
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[41:00.440 --> 41:15.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[41:15.440 --> 41:30.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[41:30.440 --> 41:45.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[41:45.440 --> 42:00.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[42:00.440 --> 42:15.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[42:15.440 --> 42:30.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[42:30.440 --> 42:45.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[42:45.440 --> 43:00.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[43:00.440 --> 43:15.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[43:15.440 --> 43:30.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[43:30.440 --> 43:45.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[43:45.440 --> 44:00.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[44:00.440 --> 44:15.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[44:15.440 --> 44:30.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[44:30.440 --> 44:45.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[44:45.440 --> 45:00.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[45:00.440 --> 45:15.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[45:15.440 --> 45:30.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[45:30.440 --> 45:45.440]  When you're gonna stop abuse, you're power When you're gonna stop abuse, you're power
[45:45.440 --> 46:00.440]  When you're gonna stop abuse, you're power
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[46:40.440 --> 46:49.440]  I represented myself in Cherokee County and with all that I appear to know and you call
[46:49.440 --> 47:00.440]  me up and I got all these really sage advice and all these great answers, when I got in
[47:00.440 --> 47:08.440]  front of that jury, I was absolutely incompetent.
[47:08.440 --> 47:16.440]  I had a dog in the hunt and I really did a bad job.
[47:16.440 --> 47:24.440]  From listening to you, you are much better than me because you handled your case well
[47:24.440 --> 47:30.440]  and part of the reason I'm very reluctant to suggest that someone not take a lawyer
[47:30.440 --> 47:37.440]  into court when their liberties at risk is because of my really exceptionally bad
[47:37.440 --> 47:40.440]  performance.
[47:40.440 --> 47:45.440]  When your own liberty is at risk, it makes this very, very difficult.
[47:45.440 --> 47:52.440]  With that said, after having talked to you for a couple of several months here, you really
[47:52.440 --> 47:55.440]  seem to have done your homework.
[47:55.440 --> 48:02.440]  Your demeanor is pretty much as it should be.
[48:02.440 --> 48:09.440]  I haven't heard any patriot mythology from you at all.
[48:09.440 --> 48:14.440]  That gives me a little more confidence in suggesting that you be really, really careful
[48:14.440 --> 48:16.440]  with this lawyer.
[48:16.440 --> 48:21.440]  If you can get the lawyer in the second chair, that gives you an advantage.
[48:21.440 --> 48:28.440]  You get the lawyer in the first chair, she can screw you big time.
[48:28.440 --> 48:32.440]  Who is she going to be more loyal to?
[48:32.440 --> 48:33.440]  You?
[48:33.440 --> 48:34.440]  To them.
[48:34.440 --> 48:36.440]  She has a relationship with them.
[48:36.440 --> 48:40.440]  She works with them, but she did tell me something, Randy.
[48:40.440 --> 48:45.440]  She said to this lawyer, I did tell her that they're doing an investigation because of
[48:45.440 --> 48:46.440]  me.
[48:46.440 --> 48:50.440]  I filed a few bargains on a couple of lawyers and I did a judicial misconduct on one of
[48:50.440 --> 48:56.440]  the judges because the lawyer claimed that the NBA responded to my letter back in 1998
[48:56.440 --> 48:57.440]  and they didn't.
[48:57.440 --> 49:02.440]  I talked to you, Jeff, and Steve about that about a couple of months ago.
[49:02.440 --> 49:07.440]  She said, I'm not trying to be cynical, but that lawyer, he has a tendency to be doing
[49:07.440 --> 49:08.440]  things like that.
[49:08.440 --> 49:11.440]  I said, it's amazing that he's not being bargained all the time if he's doing that
[49:11.440 --> 49:12.440]  all the time.
[49:12.440 --> 49:16.440]  Of course, she didn't respond to that, but she's just giving some FYI to this lawyer.
[49:16.440 --> 49:18.440]  He does it all the time.
[49:18.440 --> 49:22.440]  He'll make comments or statements and I guess if it's not objected to, I guess the court
[49:22.440 --> 49:24.440]  just accepts it.
[49:24.440 --> 49:30.440]  Yeah, the problem with it is what Steve says, he doesn't lie to the court.
[49:30.440 --> 49:33.440]  He commits aggravated perjury.
[49:33.440 --> 49:37.440]  Yeah, what do they call it, false misleading statement?
[49:37.440 --> 49:42.440]  Yeah, false and misleading statement, but this is a false and misleading statement to
[49:42.440 --> 49:46.440]  the court and he's an officer of the court.
[49:46.440 --> 49:48.440]  At the very least, he should get sanctions.
[49:48.440 --> 49:51.440]  At worst, he should get aggravated perjury.
[49:51.440 --> 50:00.440]  If he makes proactive statements of alleged material fact, that's not true.
[50:00.440 --> 50:06.440]  Like addressing this letter he claimed that he sent you.
[50:06.440 --> 50:12.440]  If that letter was for the purpose of giving you some kind of statutory required notice,
[50:12.440 --> 50:19.440]  that made the letter fact material.
[50:19.440 --> 50:22.440]  He misrepresented the truth about a fact that was material.
[50:22.440 --> 50:26.440]  If the fact's not material, it doesn't make any difference.
[50:26.440 --> 50:30.440]  If you ask him how much he weighs and he lies about that and the case doesn't have anything
[50:30.440 --> 50:35.440]  to do with his weight, that may be perjury, but it's not aggravated perjury.
[50:35.440 --> 50:42.440]  It's not something you could prosecute him for, but if it's material, that's aggravated
[50:42.440 --> 50:43.440]  perjury.
[50:43.440 --> 50:46.440]  That's felony in every state.
[50:46.440 --> 50:48.440]  That's what he's doing.
[50:48.440 --> 50:52.440]  You might start filing criminal charges against them.
[50:52.440 --> 50:55.440]  That's what I'm planning to do eventually.
[50:55.440 --> 50:58.440]  No, not eventually.
[50:58.440 --> 51:00.440]  Let me tell you what's going on.
[51:00.440 --> 51:05.440]  I've got three cases going on at the same time, two are in the appellate process and
[51:05.440 --> 51:07.440]  one that I got to sentencing.
[51:07.440 --> 51:10.440]  Two years ago, I was convicted for suspending a license.
[51:10.440 --> 51:15.440]  They originally was asking for utilities, but since this thing popped up, when he was
[51:15.440 --> 51:20.440]  recommended from the grievance board that you can't suspend a license that does not
[51:20.440 --> 51:24.440]  exist and he had to get up there and make admissions and try to fix it, they're not
[51:24.440 --> 51:29.440]  pressed that they're not pursuing the enhancement on the suspended license.
[51:29.440 --> 51:30.440]  However-
[51:30.440 --> 51:31.440]  Wait a minute.
[51:31.440 --> 51:32.440]  He said they're not perfect?
[51:32.440 --> 51:33.440]  No, no, no.
[51:33.440 --> 51:39.440]  They're not going to press for that about a suspended license charge.
[51:39.440 --> 51:44.440]  They're not pressing for penalties on me on that.
[51:44.440 --> 51:49.440]  That's like they're not messing with that because I filed bar grievances on that case
[51:49.440 --> 51:54.440]  and the judicial misconduct on that case, so they're leaving that alone.
[51:54.440 --> 51:57.440]  So they're leaving that case alone.
[51:57.440 --> 51:58.440]  They're hoping you-
[51:58.440 --> 52:00.440]  They're going to leave that alone.
[52:00.440 --> 52:06.440]  I just got a notice last week from the United States Supreme Court that my appeal was denied.
[52:06.440 --> 52:09.440]  I did a reconsideration that was denied.
[52:09.440 --> 52:12.440]  They know that, but they're not going to press it anyway.
[52:12.440 --> 52:16.440]  They're leaving it alone because they know that was a wrongful conviction.
[52:16.440 --> 52:17.440]  Okay.
[52:17.440 --> 52:22.440]  Then let me reassess.
[52:22.440 --> 52:23.440]  Okay.
[52:23.440 --> 52:32.440]  You might go talk to this lawyer because the lawyer may have been sent to help them find
[52:32.440 --> 52:36.440]  a way out from under this problem.
[52:36.440 --> 52:40.440]  Now, remember what we keep saying.
[52:40.440 --> 52:45.440]  You will never win your case simply because you have the law and the facts on your side.
[52:45.440 --> 52:46.440]  Right.
[52:46.440 --> 52:50.440]  You appear to have the law and the facts on your side.
[52:50.440 --> 52:52.440]  Be careful.
[52:52.440 --> 52:55.440]  They will still throw you in jail.
[52:55.440 --> 52:57.440]  They don't care.
[52:57.440 --> 53:05.440]  What will keep them from throwing you in jail is the likelihood that they will lose face
[53:05.440 --> 53:18.440]  or be subject to some kind of retribution or they have a way to make this go away without
[53:18.440 --> 53:21.440]  them suffering embarrassment.
[53:21.440 --> 53:24.440]  Those are the two conditions that will keep you from going to jail.
[53:24.440 --> 53:30.440]  The one that's most likely to is they have a way to get out from under this without causing
[53:30.440 --> 53:34.440]  embarrassment.
[53:34.440 --> 53:40.440]  However they have a problem, maybe we shouldn't talk about this on the air in case somebody's
[53:40.440 --> 53:41.440]  listening.
[53:41.440 --> 53:44.440]  I doubt that they're listening from Maryland.
[53:44.440 --> 53:55.440]  If they agree to enter into a deal with you to where if you'll drop your appeal, they'll
[53:55.440 --> 54:02.440]  agree to just drop this whole thing and everything just goes away.
[54:02.440 --> 54:06.440]  Take it.
[54:06.440 --> 54:07.440]  Take it.
[54:07.440 --> 54:12.440]  I took a deal to keep them going to jail.
[54:12.440 --> 54:17.440]  If you can get a deal to make this go away and keep them going to jail and they really
[54:17.440 --> 54:18.440]  wanted to make a deal with me.
[54:18.440 --> 54:24.440]  I didn't get any traction until I started filing criminal charges and that's when the
[54:24.440 --> 54:29.440]  judge, after they had a conviction on me, had me in jail, solitary confinement for a
[54:29.440 --> 54:36.440]  month, when I sent in the criminal complaints against them to the court of appeals, within
[54:36.440 --> 54:42.440]  two days the prosecuting attorney was over wanting to make a deal.
[54:42.440 --> 54:46.440]  $1,000 fine, years probation.
[54:46.440 --> 54:49.440]  I said screw that.
[54:49.440 --> 54:51.440]  No fine, no probation.
[54:51.440 --> 54:55.440]  He said $500 fine, no probation.
[54:55.440 --> 54:56.440]  Done.
[54:56.440 --> 55:01.440]  I get out the next day, I never paid that $500 and they never come looking for it, but
[55:01.440 --> 55:04.440]  I didn't spend a year in jail.
[55:04.440 --> 55:08.440]  Don't spend time in jail, especially not for a principal.
[55:08.440 --> 55:13.440]  Since I got out of jail, I have been fighting these guys tooth and nail.
[55:13.440 --> 55:16.440]  I couldn't do that from jail.
[55:16.440 --> 55:18.440]  Always protect your liberty.
[55:18.440 --> 55:19.440]  Well, that's it.
[55:19.440 --> 55:20.440]  Right.
[55:20.440 --> 55:27.440]  It may well be that this lawyer was sent to find a way to make this go away.
[55:27.440 --> 55:30.440]  So talk to her.
[55:30.440 --> 55:35.440]  Can you get these guys, you know, I'm going to beat them in the court of appeals.
[55:35.440 --> 55:39.440]  They know I'm going to beat them in the court of appeals.
[55:39.440 --> 55:45.440]  But if I beat them in the court of appeals, the court of appeals is likely to remand and
[55:45.440 --> 55:49.440]  we're going to go through all this again and we'll be fighting until we both get old.
[55:49.440 --> 55:54.440]  Is there just something we could do to make this go away?
[55:54.440 --> 55:55.440]  They leave me alone.
[55:55.440 --> 55:56.440]  I'll leave them alone.
[55:56.440 --> 56:00.440]  Get your tort letter in first.
[56:00.440 --> 56:01.440]  Okay.
[56:01.440 --> 56:04.440]  And you withdraw, withdraw the tort letter.
[56:04.440 --> 56:09.440]  You won't do, you'll agree not to file criminal charges.
[56:09.440 --> 56:12.440]  That's the problem with that.
[56:12.440 --> 56:17.440]  You can't agree to commit a crime.
[56:17.440 --> 56:22.440]  So if you agree to all this and they, they make you an agreement.
[56:22.440 --> 56:23.440]  So all of this goes away.
[56:23.440 --> 56:24.440]  Everybody goes home.
[56:24.440 --> 56:27.440]  No harm, no foul.
[56:27.440 --> 56:32.440]  Then you go back and file criminal charges against them.
[56:32.440 --> 56:38.440]  Wait till the statute of limitations has run.
[56:38.440 --> 56:48.440]  If they dismiss and it's already, if it took them beyond the statute of limitations to initiate a complaint.
[56:48.440 --> 56:59.440]  If it took longer than that to get to this point, when they dismiss, it's like the trial never occurred.
[56:59.440 --> 57:00.440]  Right.
[57:00.440 --> 57:04.440]  And the statute of limitations has now run.
[57:04.440 --> 57:13.440]  So if you can get them to dismiss, agree to not file, you can agree to not file criminal charges against them.
[57:13.440 --> 57:16.440]  See the police do that all the time.
[57:16.440 --> 57:22.440]  They'll agree to do something or not to do something that's illegal.
[57:22.440 --> 57:28.440]  And then when it comes time for them to do something or not do something, they just ignore what they told you.
[57:28.440 --> 57:33.440]  Then you can't complain because you're asking them to do something that's illegal.
[57:33.440 --> 57:38.440]  If they ask you to agree not to file criminal charges, that's illegal.
[57:38.440 --> 57:41.440]  That's criminal conspiracy.
[57:41.440 --> 57:45.440]  Criminal conspiracy to obstruct justice.
[57:45.440 --> 57:53.440]  So if you subsequently file criminal charges against them, they have no grounds for retribution.
[57:53.440 --> 57:58.440]  My suggestion is protect your liberty first.
[57:58.440 --> 58:03.440]  If that means not filing criminal charges against them on this, don't.
[58:03.440 --> 58:04.440]  Protect your liberty.
[58:04.440 --> 58:07.440]  Find another way to go back after them.
[58:07.440 --> 58:08.440]  Listen to this show.
[58:08.440 --> 58:10.440]  Use our techniques.
[58:10.440 --> 58:13.440]  Help other people to kick their butts.
[58:13.440 --> 58:15.440]  But don't go to jail.
[58:15.440 --> 58:16.440]  Hang on.
[58:16.440 --> 58:17.440]  About to go to break.
[58:17.440 --> 58:19.440]  Randy Kelton, Deborah Stevens, rule of our radio.
[58:19.440 --> 58:22.440]  We're going to our top of the hour break.
[58:22.440 --> 58:24.440]  So it'll be a three minute break.
[58:24.440 --> 58:25.440]  So we have a little more time.
[58:25.440 --> 58:33.440]  If you would, while we're on break, go visit our sponsors at logosradionetwork.com.
[58:33.440 --> 58:38.440]  We would appreciate your patronizing our...
[58:38.440 --> 58:40.440]  I said that right this time.
[58:40.440 --> 58:41.440]  I didn't say patronize.
[58:41.440 --> 58:45.440]  Patronize our sponsors and help us pay for this station.
[58:45.440 --> 58:49.440]  We'll be right back.
[58:49.440 --> 58:53.440]  The Bible remains the most popular book in the world.
[58:53.440 --> 58:57.440]  Yet countless readers are frustrated because they struggle to understand it.
[58:57.440 --> 59:01.440]  Some new translations try to help by simplifying the text,
[59:01.440 --> 59:05.440]  but in the process can compromise the profound meaning of the scripture.
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[59:43.440 --> 59:47.440]  or by ordering online at freestudybible.com.
[59:47.440 --> 59:50.440]  That's freestudybible.com.
[59:50.440 --> 01:00:00.440]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.440 --> 01:00:06.440]  This is the Liberty Beat, your daily source for Liberty news and activist updates,
[01:00:06.440 --> 01:00:08.440]  online at thelibertybeat.com.
[01:00:08.440 --> 01:00:12.440]  I'm Brian Hagan with your Liberty Beat for Thursday, March 9, 2015.
[01:00:12.440 --> 01:00:16.440]  Gold is trading at $1,196, down $5.
[01:00:16.440 --> 01:00:19.440]  Silver at $16.23, down 22 cents.
[01:00:19.440 --> 01:00:23.440]  And bitcoin is trading around $244.60.
[01:00:23.440 --> 01:00:25.440]  Today's bitcoin price is brought to you by ExpressCoin,
[01:00:25.440 --> 01:00:28.440]  the fastest, most reliable way to buy bitcoin.
[01:00:28.440 --> 01:00:31.440]  Buy bitcoin today at expresscoin.com.
[01:00:31.440 --> 01:00:36.440]  In the news, Human Rights Watch has filed a lawsuit against the U.S. Drug Enforcement Administration.
[01:00:36.440 --> 01:00:40.440]  After it was revealed, the agency has been collecting phone records since 1992.
[01:00:40.440 --> 01:00:47.440]  The DEA program was first revealed in January, with new details being reported this week by USA Today.
[01:00:47.440 --> 01:00:51.440]  Human Rights Watch is represented by the Electronic Frontier Foundation.
[01:00:51.440 --> 01:00:58.440]  Nate Cardozo, an attorney with the EFF, said the DEA illegally operated the program in secret for years.
[01:00:58.440 --> 01:01:04.440]  He says the lawsuit aims to vindicate the rights and the rights of all Americans to make calls overseas
[01:01:04.440 --> 01:01:11.440]  without being subject to government surveillance.
[01:01:11.440 --> 01:01:15.440]  The Baltimore Police Department has used the Stingray cell phone surveillance equipment
[01:01:15.440 --> 01:01:19.440]  about 4,300 times since 2007.
[01:01:19.440 --> 01:01:22.440]  Now that's more than any other department in the country.
[01:01:22.440 --> 01:01:27.440]  The new information came in the testimony of Baltimore Police Detective Emanuel Cabrera.
[01:01:27.440 --> 01:01:32.440]  The officer said the police have used the Hellstorm, an upgraded version of the Stingray.
[01:01:32.440 --> 01:01:35.440]  Both devices are brand names of cell site simulators,
[01:01:35.440 --> 01:01:41.440]  which can collect metadata from cell phones, including location, numbers dialed, time of call, and more.
[01:01:41.440 --> 01:01:46.440]  The revelation comes just days after redacted documents reveal that local police departments signed
[01:01:46.440 --> 01:01:56.440]  non-disclosure agreements, which required them to ask for FBI approval before releasing information about the devices.
[01:01:56.440 --> 01:02:01.440]  A new set of hearings have been canceled in the long-delayed controversy-plagued trial
[01:02:01.440 --> 01:02:04.440]  of the alleged mastermind of the September 11 attacks.
[01:02:04.440 --> 01:02:10.440]  Military judges canceled three hearings planned for April 20 to 24 in Cuba.
[01:02:10.440 --> 01:02:14.440]  The trial was last awaited by the revelation that a Defense Department interpreter
[01:02:14.440 --> 01:02:18.440]  formerly worked at the same compound that the men were tortured at.
[01:02:18.440 --> 01:02:21.440]  The next hearing will not be held until June 1.
[01:02:21.440 --> 01:02:25.440]  Looking to promote your business or cause to tens of thousands of loyal listeners?
[01:02:25.440 --> 01:02:31.440]  Well, for a limited time only, the Liberty Beat is offering you the chance to save big while spreading your message.
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[01:02:42.440 --> 01:02:47.440]  and use coupon code GCN in the describe your company section.
[01:02:47.440 --> 01:02:52.440]  This is the Liberty Beat for Thursday, April 9, 2015.
[01:02:52.440 --> 01:03:21.440]  Check out the website at thelibertybeat.com.
[01:03:22.440 --> 01:03:24.440]  Okay, we are back.
[01:03:24.440 --> 01:03:30.440]  Randy Kelton, Deborah Stevens, Root of Law Radio, and we're talking to Jimmy in Maryland.
[01:03:30.440 --> 01:03:35.440]  So Jimmy, what's your take on this?
[01:03:35.440 --> 01:03:39.440]  I think you're really hitting it on.
[01:03:39.440 --> 01:03:44.440]  Like I said, that aura, when I went, it was like it was going to go forward, you know,
[01:03:44.440 --> 01:03:48.440]  when the jury found me guilty and when the judge asked me, you know,
[01:03:48.440 --> 01:03:52.440]  was I ready for sentencing, I said, no, sir, I want to vote my right to prosecution now.
[01:03:52.440 --> 01:03:55.440]  And he tried to say, well, you didn't, you mean you weren't prepared, you didn't send it right,
[01:03:55.440 --> 01:03:58.440]  and I said, you know, you didn't, you don't want to do it in that aura.
[01:03:58.440 --> 01:04:03.440]  I said, no, sir, I want to put something right and put together and, you know, follow that way.
[01:04:03.440 --> 01:04:09.440]  And of course, the prosecutor, he still was in error about everything that he did.
[01:04:09.440 --> 01:04:11.440]  He tried to say it doesn't make a difference.
[01:04:11.440 --> 01:04:16.440]  If you, how do you say, if you never had a license, it's different if you had one,
[01:04:16.440 --> 01:04:19.440]  but I turned my, and so I had one, and at the staff that I had it,
[01:04:19.440 --> 01:04:23.440]  it was in a suspended status when, you know, when I turned in back in 98.
[01:04:23.440 --> 01:04:29.440]  You know, that's, he kept on him to say that it was suspended up to the point that I had it.
[01:04:29.440 --> 01:04:32.440]  He doesn't understand that there's no one for it when you, you know,
[01:04:32.440 --> 01:04:35.440]  you rescind it back, it kills the whole entire agreement.
[01:04:35.440 --> 01:04:38.440]  He doesn't seem to understand contract law.
[01:04:38.440 --> 01:04:41.440]  So, you know, I just, that's what he's going to say.
[01:04:41.440 --> 01:04:48.440]  Harman Taylor would like you.
[01:04:48.440 --> 01:04:54.440]  Harman Taylor always gives me a headache.
[01:04:54.440 --> 01:05:01.440]  And the reason he gives me a headache is it takes me two days after I talk to him
[01:05:01.440 --> 01:05:07.440]  to stitch together all of the stuff he throws at me.
[01:05:07.440 --> 01:05:11.440]  Two days behind catching up and it gives me a headache trying to get caught up.
[01:05:11.440 --> 01:05:19.440]  But he, Deb, if you're there, Deb is dealing with contract issues all the time,
[01:05:19.440 --> 01:05:26.440]  and she's really got a better head for how everything is contract.
[01:05:26.440 --> 01:05:33.440]  You seem to get that in a way that is useful for you.
[01:05:33.440 --> 01:05:39.440]  Deb was with me when I went to the Williamson County District Attorney several years ago.
[01:05:39.440 --> 01:05:42.440]  And today I wound up in jail.
[01:05:42.440 --> 01:05:45.440]  She told me, give me your car keys.
[01:05:45.440 --> 01:05:46.440]  I said, what for?
[01:05:46.440 --> 01:05:49.440]  I don't want to have to walk home.
[01:05:49.440 --> 01:05:52.440]  It was a good thing I gave her my car keys.
[01:05:52.440 --> 01:05:54.440]  Or she'd have to walk home.
[01:05:54.440 --> 01:06:04.440]  But I forgot why I went there.
[01:06:04.440 --> 01:06:07.440]  This is when I went after the District Attorney.
[01:06:07.440 --> 01:06:08.440]  I forgot why I went there.
[01:06:08.440 --> 01:06:10.440]  It was right on point.
[01:06:10.440 --> 01:06:15.440]  Oh, man, this stuff getting old is annoying.
[01:06:15.440 --> 01:06:16.440]  What happened?
[01:06:16.440 --> 01:06:17.440]  Pat dropped off.
[01:06:17.440 --> 01:06:19.440]  Pat, if you're there, come back.
[01:06:19.440 --> 01:06:20.440]  We're about done here.
[01:06:20.440 --> 01:06:23.440]  We'll pick you up as soon as we get done.
[01:06:23.440 --> 01:06:25.440]  Yeah, there's one more point I want to make with you.
[01:06:25.440 --> 01:06:26.440]  Then I'll go.
[01:06:26.440 --> 01:06:27.440]  Oh, contract.
[01:06:27.440 --> 01:06:28.440]  Contract.
[01:06:28.440 --> 01:06:29.440]  Yeah.
[01:06:29.440 --> 01:06:30.440]  When I...
[01:06:30.440 --> 01:06:32.440]  Oh, I told the...
[01:06:32.440 --> 01:06:38.440]  I asked to see a prosecuting attorney, and you'll find this interesting.
[01:06:38.440 --> 01:06:43.440]  I asked to see a prosecutor, and they sent out this guy with a pistol.
[01:06:43.440 --> 01:06:46.440]  And I said, I see you're wearing a pistol.
[01:06:46.440 --> 01:06:48.440]  And he said, yes, I am.
[01:06:48.440 --> 01:06:51.440]  Does that mean you're not an assistant district attorney?
[01:06:51.440 --> 01:06:54.440]  He said, yes, it does.
[01:06:54.440 --> 01:06:56.440]  I said, I need to talk to an assistant district attorney,
[01:06:56.440 --> 01:06:58.440]  so you don't have to talk to me.
[01:06:58.440 --> 01:07:01.440]  So, well, in that case, he said, what do you need?
[01:07:01.440 --> 01:07:08.440]  I said, well, I have some complaints here that I need to get the district attorney to verify.
[01:07:08.440 --> 01:07:09.440]  I'm sorry.
[01:07:09.440 --> 01:07:10.440]  When he said...
[01:07:10.440 --> 01:07:13.440]  I asked him if he was a certified police officer, and he said, yes, I am.
[01:07:13.440 --> 01:07:18.440]  I said, then I have these complaints here I need verified.
[01:07:18.440 --> 01:07:22.440]  And since you are a certified police officer, you can verify them for me.
[01:07:22.440 --> 01:07:25.440]  And they were against a sheriff's deputy.
[01:07:25.440 --> 01:07:31.440]  And he looked at it, and he said, well, I'll have to show that, take that to the district attorney.
[01:07:31.440 --> 01:07:37.440]  Well, what I didn't tell him was the unverified criminal complaint was on top.
[01:07:37.440 --> 01:07:42.440]  The verified criminal complaint was underneath.
[01:07:42.440 --> 01:07:43.440]  So I had done this before.
[01:07:43.440 --> 01:07:45.440]  So he takes it back to the prosecutor.
[01:07:45.440 --> 01:07:49.440]  Now the prosecutor has the verified criminal complaint.
[01:07:49.440 --> 01:07:52.440]  He has been officially notified.
[01:07:52.440 --> 01:07:53.440]  So that's why I did that.
[01:07:53.440 --> 01:07:58.440]  But he came back out, and this is what he said to me.
[01:07:58.440 --> 01:08:08.440]  The prosecutor said he declines to accept your offer.
[01:08:08.440 --> 01:08:14.440]  What does that sound like to you?
[01:08:14.440 --> 01:08:18.440]  Offer and acceptance.
[01:08:18.440 --> 01:08:20.440]  He declined the offer.
[01:08:20.440 --> 01:08:27.440]  He declined the contract with me.
[01:08:27.440 --> 01:08:29.440]  Wow.
[01:08:29.440 --> 01:08:33.440]  So he can't say he didn't know he didn't receive it.
[01:08:33.440 --> 01:08:37.440]  So they understand it's contractual.
[01:08:37.440 --> 01:08:39.440]  You understand it's contractual.
[01:08:39.440 --> 01:08:42.440]  That gives you a real leg up.
[01:08:42.440 --> 01:08:47.440]  You understand it's not about the facts or the law.
[01:08:47.440 --> 01:08:49.440]  No, I have no cause of that.
[01:08:49.440 --> 01:08:51.440]  It's about the contract.
[01:08:51.440 --> 01:08:53.440]  And then it's all about politics.
[01:08:53.440 --> 01:08:56.440]  You have to understand it's all politics.
[01:08:56.440 --> 01:08:57.440]  Yeah.
[01:08:57.440 --> 01:09:03.440]  That's what the barger, you told me about the barbers and the judicial esconda to get that started, which I've been doing.
[01:09:03.440 --> 01:09:13.440]  Yeah, and that will go a long way toward getting them to want you to just go away.
[01:09:13.440 --> 01:09:30.440]  And just talking to you and thinking about the situation as we talk this out, it may well be that they sent that lawyer to get you in a position so you can make all of this go away.
[01:09:30.440 --> 01:09:38.440]  Now, they probably sent that lawyer to screw you and to get it to go away.
[01:09:38.440 --> 01:09:42.440]  But in either case, they sent the lawyer to make it go away.
[01:09:42.440 --> 01:09:53.440]  When the district attorney came to me in the jail, from his demeanor, it was clear he was sent there to make all this go away.
[01:09:53.440 --> 01:09:57.440]  That guy should never play poker.
[01:09:57.440 --> 01:10:01.440]  And prosecutors are notorious at not being good poker players.
[01:10:01.440 --> 01:10:06.440]  You should have seen the Williamson County attorney with Deborah.
[01:10:06.440 --> 01:10:13.440]  Deborah landed in the middle of him with both feet.
[01:10:13.440 --> 01:10:23.440]  When we walked out, Deborah said he should not play poker because it was clear she scared the bejesus out of him.
[01:10:23.440 --> 01:10:30.440]  And she did it so slick that he didn't realize she knew exactly what she was doing.
[01:10:30.440 --> 01:10:32.440]  That was absolutely great.
[01:10:32.440 --> 01:10:36.440]  Anyway, I'm going to bet that that's what this is.
[01:10:36.440 --> 01:10:42.440]  This is a political maneuver to try to find a way out of this bad situation.
[01:10:42.440 --> 01:10:45.440]  And it's unfortunate, but it is the fact.
[01:10:45.440 --> 01:10:48.440]  They have your liberty to bargain with.
[01:10:48.440 --> 01:10:51.440]  It gives them an unfair advantage.
[01:10:51.440 --> 01:10:56.440]  And you may have to give up an ideal to stay out of jail.
[01:10:56.440 --> 01:11:05.440]  I suggest that you not do what William Penn did and risk the consequences.
[01:11:05.440 --> 01:11:12.440]  You're a much better advocate if you're not in jail helping other people to do what you did.
[01:11:12.440 --> 01:11:16.440]  So anyway, talk to this lawyer, figure out.
[01:11:16.440 --> 01:11:18.440]  Okay, I'll do that.
[01:11:18.440 --> 01:11:21.440]  There's one thing I want to ask you about.
[01:11:21.440 --> 01:11:28.440]  In the second case, the first case, like I said, that's already been through the Supreme Court.
[01:11:28.440 --> 01:11:31.440]  The second case is going to the U.S. Supreme Court.
[01:11:31.440 --> 01:11:39.440]  In that case, I was cited for suspending a license without registration.
[01:11:39.440 --> 01:11:47.440]  And this is when I lost the first case that the police officer lay waiting for me in the parking lot of the court and pulled me.
[01:11:47.440 --> 01:11:49.440]  Okay, hold on, hold on.
[01:11:49.440 --> 01:11:52.440]  You were convicted for driving with a suspended license.
[01:11:52.440 --> 01:11:56.440]  And then you were charged again with driving with a suspended license.
[01:11:56.440 --> 01:11:58.440]  Yeah, right after the court, yeah.
[01:11:58.440 --> 01:12:03.440]  The officer lay waiting for me in the court parking lot.
[01:12:03.440 --> 01:12:09.440]  Okay, and then the prosecutor admitted that you weren't driving on a suspended license.
[01:12:09.440 --> 01:12:11.440]  That's the third case.
[01:12:11.440 --> 01:12:13.440]  That's the third case.
[01:12:13.440 --> 01:12:15.440]  That's three different cases.
[01:12:15.440 --> 01:12:29.440]  And whenever he admitted that you weren't driving on a suspended license, that's grounds to reopen the original conviction and move to vacate the conviction.
[01:12:29.440 --> 01:12:31.440]  Yeah, that's what I was trying to tell Eddie.
[01:12:31.440 --> 01:12:36.440]  I was thinking of new evidence to open up the old trial, the old case.
[01:12:36.440 --> 01:12:38.440]  Exactly.
[01:12:38.440 --> 01:12:49.440]  Yeah, but what I wanted to ask you is I have in the process of that second case when I was cited for suspended license and registration,
[01:12:49.440 --> 01:12:57.440]  when I went to the lower court, I made the error when the judge asked me, do you have a driver's license?
[01:12:57.440 --> 01:13:01.440]  And I didn't see nothing wrong until, no, I don't because I'm not driving.
[01:13:01.440 --> 01:13:14.440]  Well, what they did was when I went to the court of record, the circuit court, the state's attorney, he filed a criminal information against me for driving on a license.
[01:13:14.440 --> 01:13:18.440]  So the court, they did that in the lower court.
[01:13:18.440 --> 01:13:25.440]  And I'm wondering if I can file a bar grievance against the state's attorney.
[01:13:25.440 --> 01:13:27.440]  He wasn't even there.
[01:13:27.440 --> 01:13:32.440]  Wait a minute, you filed criminally against the state attorney.
[01:13:32.440 --> 01:13:34.440]  Criminally, not bargaining?
[01:13:34.440 --> 01:13:42.440]  Yeah, if I file a criminal complaint, I am absolutely protected from suit.
[01:13:42.440 --> 01:13:50.440]  But when the prosecutor files an information that's fraudulent, he's committed fraud on the court.
[01:13:50.440 --> 01:13:56.440]  He's not protected because fraud on the court is not within scope.
[01:13:56.440 --> 01:13:57.440]  Okay.
[01:13:57.440 --> 01:14:06.440]  Well, that's the problem with the enhancement of utilities because I was guilty of driving without a license, something that he invoked in the lower court.
[01:14:06.440 --> 01:14:12.440]  And now I'm feeling that because they, you know, I'm telling that now in the, that's going to the U.S. Supreme Court now.
[01:14:12.440 --> 01:14:18.440]  But it was his own doing that I can take it off of driving without a license.
[01:14:18.440 --> 01:14:21.440]  Were you originally charged with driving without a license?
[01:14:21.440 --> 01:14:23.440]  No.
[01:14:23.440 --> 01:14:27.440]  Were you tried for driving without a license?
[01:14:27.440 --> 01:14:29.440]  No.
[01:14:29.440 --> 01:14:32.440]  I was driving without a license just recently.
[01:14:32.440 --> 01:14:35.440]  So how did you get convicted?
[01:14:35.440 --> 01:14:36.440]  Okay, wait a minute.
[01:14:36.440 --> 01:14:41.440]  You got convicted for driving on a revoked license?
[01:14:41.440 --> 01:14:42.440]  Suspended license.
[01:14:42.440 --> 01:14:44.440]  Suspended license.
[01:14:44.440 --> 01:14:49.440]  Were you ever convicted for driving without a license?
[01:14:49.440 --> 01:14:54.440]  Just this March the 4th I was, the case that's in citizen right now.
[01:14:54.440 --> 01:15:03.440]  I was cited for both suspended and I was convicted on all charges, you know, driving without a license, driving without a license.
[01:15:03.440 --> 01:15:04.440]  Okay.
[01:15:04.440 --> 01:15:06.440]  Now they're saying you're driving without a license.
[01:15:06.440 --> 01:15:11.440]  Now they have, did they prove that you were driving?
[01:15:11.440 --> 01:15:13.440]  This is how they prove that you're driving.
[01:15:13.440 --> 01:15:22.440]  The U.S. Supreme Court case says if you have your engine in the, if you didn't have a steering wheel and the key to the ignition engine is running, that's driving.
[01:15:22.440 --> 01:15:23.440]  Okay.
[01:15:23.440 --> 01:15:28.440]  We need to go back and look at what the definition of driving is in that circumstance.
[01:15:28.440 --> 01:15:37.440]  If you have another definition of traveling and driving, you can show the difference between traveling and driving.
[01:15:37.440 --> 01:15:55.440]  When they say if you're in the driver's seat and you have the key in the ignition you're driving, that presupposes you are in a commercial vehicle that is loaded and being paid to transport persons or property from one place to another.
[01:15:55.440 --> 01:15:59.440]  That presupposes driving.
[01:15:59.440 --> 01:16:06.440]  But if you're in a private conveyance, then you cannot possibly drive.
[01:16:06.440 --> 01:16:07.440]  Right.
[01:16:07.440 --> 01:16:18.440]  If you're not in a private conveyance and you're not hauling persons or property for hire, then you won't fall under driving.
[01:16:18.440 --> 01:16:27.440]  Well, we know that, but like these lawyers, they probably know that, but they, you know, they try to manipulate things and try to, you know, intentionally, you know, keep it.
[01:16:27.440 --> 01:16:29.440]  Of course they do. Of course they're going to do everything they can.
[01:16:29.440 --> 01:16:32.440]  That's why I say it's all political.
[01:16:32.440 --> 01:16:41.440]  So you got to create politics to work on your side, and the way to do that is start filing criminal charges against them fast.
[01:16:41.440 --> 01:16:44.440]  That's what got my last one dismissed.
[01:16:44.440 --> 01:16:51.440]  Because I was trying to file criminal charges against all of them, and they dismissed it to get me out of there.
[01:16:51.440 --> 01:16:55.440]  Hang on. Hang on. We'll pick this part up again on the other side.
[01:16:55.440 --> 01:17:00.440]  This is a part of politics I think you're missing.
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[01:19:00.440 --> 01:19:16.440]  This is the Logos Radio Network.
[01:19:16.440 --> 01:19:34.440]  Okay, we are back.
[01:19:34.440 --> 01:19:37.440]  Randy Kelton and Deborah Stevens with our radio.
[01:19:37.440 --> 01:19:42.440]  And we're talking to Jimmy in Maryland.
[01:19:42.440 --> 01:19:47.440]  The most important thing here is understanding the politics.
[01:19:47.440 --> 01:19:59.440]  And if I seem to kind of hammer on this, it's because understanding the politics takes a paradigm shift.
[01:19:59.440 --> 01:20:03.440]  You went to school and they taught you about this great and wonderful country you lived in
[01:20:03.440 --> 01:20:12.440]  and how you lived in a country that was operated on the rule of law and your public officials were your servants.
[01:20:12.440 --> 01:20:18.440]  And they're there to protect you and shield you from bad stuff.
[01:20:18.440 --> 01:20:29.440]  And you develop this internally for the most part unspoken expectation that your public officials will be your buddies
[01:20:29.440 --> 01:20:32.440]  and they're the good guys and they'll help you out.
[01:20:32.440 --> 01:20:37.440]  That is so much horse poop.
[01:20:37.440 --> 01:20:39.440]  That ain't how it works at all.
[01:20:39.440 --> 01:20:47.440]  And when you begin to find out that that's not how it works, you feel horribly betrayed.
[01:20:47.440 --> 01:21:00.440]  Your whole life is built on this sense of security you hold by being protected from all this bad stuff by your public officials.
[01:21:00.440 --> 01:21:07.440]  And when you find out that is not the case, it kind of shakes up everything.
[01:21:07.440 --> 01:21:12.440]  It makes it really difficult to reorient yourself.
[01:21:12.440 --> 01:21:19.440]  You always keep holding this expectation that these guys are doing the right thing.
[01:21:19.440 --> 01:21:31.440]  And it takes a long time for someone to finally realize after all that, to quote Paul Simon, after all that crap I learned in high school,
[01:21:31.440 --> 01:21:36.440]  it's a wonder I can think at all. He was right.
[01:21:36.440 --> 01:21:39.440]  You were programmed into thinking this way.
[01:21:39.440 --> 01:21:47.440]  It's going to be hard to always ask yourself what are the political implications of this?
[01:21:47.440 --> 01:21:52.440]  What political influences are on that judge?
[01:21:52.440 --> 01:21:56.440]  I've talked to a number of judges. I want to get them on the air.
[01:21:56.440 --> 01:22:05.440]  Because, you know, what I told the judges is, you know, I have listeners and we talk to people in the patriot movement,
[01:22:05.440 --> 01:22:13.440]  so they tend to be somewhat anti-government and they think you're all a bunch of no good rotten scoundrels.
[01:22:13.440 --> 01:22:19.440]  And I'd like you to come on the air and explain where you live,
[01:22:19.440 --> 01:22:27.440]  the kind of forces acting on you and the kinds of things you have to deal with so they'll better understand your position.
[01:22:27.440 --> 01:22:37.440]  What I don't tell them is I want them to better understand your position so that they'll have a better head for politics.
[01:22:37.440 --> 01:22:44.440]  How the politics around you, all politics is local.
[01:22:44.440 --> 01:22:52.440]  How the politics between you and the clerk, between you and other lawyers like yourself,
[01:22:52.440 --> 01:23:02.440]  between you and other judges like yourself, how do those politics, those political influences affect what you do?
[01:23:02.440 --> 01:23:16.440]  Once we understand that, then we have a lot better idea of how to adjust what we do to pay attention more to the politics than the law and the facts.
[01:23:16.440 --> 01:23:24.440]  What is the political situation in your case now?
[01:23:24.440 --> 01:23:31.440]  You've got a prosecutor who's admitted that the original charge was fraudulent.
[01:23:31.440 --> 01:23:41.440]  When he admitted that, that essentially admitted that any conviction for driving on a suspended license was void.
[01:23:41.440 --> 01:23:52.440]  And the judge is sitting up here and the prosecutor brings in this case and halfway through the case, the prosecutor sticks it to the judge.
[01:23:52.440 --> 01:23:58.440]  Oh, yeah, you were prosecuting him for something that a crime he couldn't have committed.
[01:23:58.440 --> 01:24:05.440]  And he admits it in the case. You know, if I was a judge, I would want to hit that guy over the head with the gavel.
[01:24:05.440 --> 01:24:12.440]  That may be the case, but don't come here and say that in court, you moron.
[01:24:12.440 --> 01:24:19.440]  Now you got me on the dime. I was supposed to know that.
[01:24:19.440 --> 01:24:25.440]  And I'm trying to get this jack leg convicted and you screwed it up.
[01:24:25.440 --> 01:24:35.440]  What's the politics going on up there?
[01:24:35.440 --> 01:24:46.440]  Look at, read the code. Read the code really careful, especially the sections pertaining to public officials.
[01:24:46.440 --> 01:25:00.440]  Read what the codes say, especially official misconduct, official oppression, if they have it, and think about how that applies to what they've done.
[01:25:00.440 --> 01:25:16.440]  Official oppression, every state has it in one context or another. It reflects the Ku Klux Klan Act 1871.
[01:25:16.440 --> 01:25:36.440]  In fact, it says if a public official acting under the color of his color, meaning pretense of his official capacity, exerts or purports to exert authority he does not expressly have or fails to perform a duty he's required to perform and in the process denies a citizen in a full and free access to or enjoyment of a right, that's a crime.
[01:25:36.440 --> 01:25:46.440]  So that's kind of a catchall. Anything the judge does wrong to denies you in a right is a crime.
[01:25:46.440 --> 01:25:50.440]  So go back and look at everything he did.
[01:25:50.440 --> 01:25:56.440]  I get a lot of people claiming that the judge should have done this and he didn't, the dirty rascal.
[01:25:56.440 --> 01:26:02.440]  And I'm thinking, man, that would be great. I get to hammer the judge.
[01:26:02.440 --> 01:26:13.440]  First time I can construe that the judge failed to perform a duty he's required to perform, I file on it. Boom.
[01:26:13.440 --> 01:26:21.440]  First time the prosecutor does something that appears to be out of scope. File on it.
[01:26:21.440 --> 01:26:26.440]  Criminal complaints are free and easy. They can't do anything to you for criminal complaints.
[01:26:26.440 --> 01:26:33.440]  What's the difference? This is what I'm saying. Judicial misconduct versus a criminal complaint.
[01:26:33.440 --> 01:26:42.440]  Oh, okay. Misconception. The misconception is that there's one versus the other.
[01:26:42.440 --> 01:26:51.440]  The one doesn't have anything to do with the other. Point being, file on both at the same time.
[01:26:51.440 --> 01:26:58.440]  There's not a choice to make there between one and the other. In Texas, we have a statute 38.171.
[01:26:58.440 --> 01:27:04.440]  If you have knowledge that a felony has been committed and you don't report that knowledge by way of a criminal complaint,
[01:27:04.440 --> 01:27:11.440]  you can be charged with a Class A misdemeanor, given up to a year in jail.
[01:27:11.440 --> 01:27:18.440]  You probably have something similar in Maryland.
[01:27:18.440 --> 01:27:27.440]  People have a duty to report crime. And for that reason, when you do report crime,
[01:27:27.440 --> 01:27:33.440]  you have the same immunity from civil litigation that a judge has.
[01:27:33.440 --> 01:27:41.440]  So that's a separate duty. It doesn't have anything to do with judicial conduct complaints, with lawsuits, with anything else.
[01:27:41.440 --> 01:27:48.440]  That is duty. So they can't complain that you filed a criminal complaint.
[01:27:48.440 --> 01:27:55.440]  If you file a criminal complaint, it's brought up in court. You need to object vehemently.
[01:27:55.440 --> 01:28:02.440]  They may not bring this up in court. This is inappropriate. They're trying to gain advantage in a civil action
[01:28:02.440 --> 01:28:08.440]  or in one case because they were filed criminally in another case.
[01:28:08.440 --> 01:28:14.440]  If they mention the criminal complaint, objection, relevance.
[01:28:14.440 --> 01:28:23.440]  What does a crime you committed or you're accused of being committed have to do with the accusation you made against me?
[01:28:23.440 --> 01:28:38.440]  Now there may be a place you can bring that up, like in an arraignment hearing.
[01:28:38.440 --> 01:28:47.440]  In an arraignment hearing, if I filed a criminal complaint against you and you get indicted,
[01:28:47.440 --> 01:28:53.440]  you're to be arrested and brought before a magistrate and the magistrate holds an examining trial.
[01:28:53.440 --> 01:28:59.440]  He'll almost certainly find probable cause and forward the complaint to the court of jurisdiction.
[01:28:59.440 --> 01:29:03.440]  Then the court of jurisdiction will call you in for an arraignment hearing.
[01:29:03.440 --> 01:29:11.440]  An arraignment hearing is for the purpose of determining your identity and taking the plea because that's the first time the court saw you.
[01:29:11.440 --> 01:29:18.440]  At that court, you could raise your objection in the natural course of things.
[01:29:18.440 --> 01:29:23.440]  So there's a natural course for all this. Say you did that to the prosecutor.
[01:29:23.440 --> 01:29:30.440]  When he's indicted and given an examining trial and brought before the court for arraignment,
[01:29:30.440 --> 01:29:35.440]  that's his place to make his argument concerning the complaint.
[01:29:35.440 --> 01:29:44.440]  Not in this other case. You're in front of a judge hearing a criminal charge against you.
[01:29:44.440 --> 01:29:53.440]  If the prosecutor brings up the fact that you filed a criminal charge against him, ask for a mistrial.
[01:29:53.440 --> 01:30:02.440]  If it was irrelevant, you brought that up to disqualify your two. Be right back.
[01:30:02.440 --> 01:30:07.440]  What causes hiccups and how can you get rid of them? I'd sure like to know.
[01:30:07.440 --> 01:30:15.440]  I'm Dr. Catherine Albrecht and I'll be back in just a moment to share recommended tears for this annoying and embarrassing problem.
[01:30:15.440 --> 01:30:20.440]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:20.440 --> 01:30:25.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.440 --> 01:30:30.440]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:30.440 --> 01:30:33.440]  Privacy, it's worth hanging on to.
[01:30:33.440 --> 01:30:40.440]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[01:30:43.440 --> 01:30:47.440]  Hiccups are caused by quick and voluntary contractions of the diaphragm.
[01:30:47.440 --> 01:30:51.440]  The diaphragm is the muscle just underneath your rib cage that helps you breathe.
[01:30:51.440 --> 01:30:54.440]  Hiccups usually go away by themselves. It just takes time.
[01:30:54.440 --> 01:30:57.440]  But if you can't wait, try one of these time-tested remedies.
[01:30:57.440 --> 01:31:02.440]  Hold your breath for short periods. Take a mouthful of water and swallow it upside down.
[01:31:02.440 --> 01:31:08.440]  Breathe in and out of a paper bag or swallow a teaspoon of vinegar or, surprisingly, a teaspoon of sugar.
[01:31:08.440 --> 01:31:12.440]  Hiccups that won't go away could signal a serious medical condition.
[01:31:12.440 --> 01:31:17.440]  If they last for more than 48 hours or you experience other symptoms, it's time to see a doctor.
[01:31:17.440 --> 01:31:30.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:01.440 --> 01:33:05.440]  You are listening to the Logos Radio Network.
[01:33:05.440 --> 01:33:32.440]  LogosRadioNetwork.com
[01:33:36.440 --> 01:33:37.440]  Okay, we are back.
[01:33:37.440 --> 01:33:45.440]  Randy Kelton, Debra Stevens, Real Raw Radio, and we're talking to Jimmy in Maryland.
[01:33:45.440 --> 01:33:55.440]  I'm struggling here, Jimmy, because I don't know when what I'm saying makes sense or not.
[01:33:55.440 --> 01:34:06.440]  I hope you understand that what I'm doing here is kind of figuring this out as we're talking.
[01:34:06.440 --> 01:34:11.440]  I'm uncomfortable when people think of me as some kind of a guru.
[01:34:11.440 --> 01:34:13.440]  I'm no such thing.
[01:34:13.440 --> 01:34:16.440]  I'm an engineer, and I engineer things.
[01:34:16.440 --> 01:34:22.440]  And that's what I've been doing here is trying to figure out how the pieces fit together.
[01:34:22.440 --> 01:34:26.440]  Okay, now one thing you never said about filing the criminal complaints,
[01:34:26.440 --> 01:34:29.440]  do you file them in the federal court or in the state court or both?
[01:34:29.440 --> 01:34:34.440]  Okay, that is, I like the state court better.
[01:34:34.440 --> 01:34:40.440]  If you file them in the federal, there's kind of a routine you have to go through.
[01:34:40.440 --> 01:34:46.440]  If you try to file a complaint in the federal, you're going to be directed to the FBI.
[01:34:46.440 --> 01:34:55.440]  Just like if you file a complaint in the state, you're going to be directed to the police department.
[01:34:55.440 --> 01:34:59.440]  And I always say, screw that.
[01:34:59.440 --> 01:35:01.440]  I always file a complaint.
[01:35:01.440 --> 01:35:10.440]  When I file a complaint in the federal, I send it to the grand jury by way of the U.S. attorney.
[01:35:10.440 --> 01:35:16.440]  And the reason I do that is if the prosecuting attorney, the U.S. attorney,
[01:35:16.440 --> 01:35:24.440]  doesn't give the complaint to the grand jury, then I'll file charges against him.
[01:35:24.440 --> 01:35:31.440]  If I give it to the FBI, they are line SOBs.
[01:35:31.440 --> 01:35:37.440]  The FBI is merely a political arm of the president.
[01:35:37.440 --> 01:35:45.440]  I don't see any difference between the FBI and Hitler's brown shirts.
[01:35:45.440 --> 01:35:47.440]  Same thing.
[01:35:47.440 --> 01:35:56.440]  They are not going to do anything that is not politically expedient for the administration.
[01:35:56.440 --> 01:35:59.440]  They don't care about law.
[01:35:59.440 --> 01:36:02.440]  They don't care about the right of things.
[01:36:02.440 --> 01:36:10.440]  They care about what's politically expedient for their boss, and that is it.
[01:36:10.440 --> 01:36:15.440]  If they care about anything else, they'll get fired.
[01:36:15.440 --> 01:36:22.440]  And that's not, you know, that may not be how it should be, but that's how it is.
[01:36:22.440 --> 01:36:32.440]  Deborah and I went to Philadelphia, and I was trying to file a complaint
[01:36:32.440 --> 01:36:38.440]  with a FBI agent in Philadelphia, and they wanted me to,
[01:36:38.440 --> 01:36:43.440]  I was filing against all of the magistrates in Philadelphia.
[01:36:43.440 --> 01:36:49.440]  And they gave me this questionnaire and asked if I had ever filed a complaint with the FBI before.
[01:36:49.440 --> 01:36:51.440]  And I put on there, yes, I did.
[01:36:51.440 --> 01:36:55.440]  He asked me what it was about, and I said I'd do a radio show.
[01:36:55.440 --> 01:37:11.440]  And someone sent me an affidavit of witness to an incredibly grisly murder by jail guards in the jail.
[01:37:11.440 --> 01:37:14.440]  And this guy's eyes lit up when he saw that.
[01:37:14.440 --> 01:37:19.440]  He was a young kid, saw his career, saw a career start here.
[01:37:19.440 --> 01:37:24.440]  And he called me up to the window and said, Mr. Kelton, can you explain what went on here?
[01:37:24.440 --> 01:37:29.440]  No, I cannot. First, I need to know who you are.
[01:37:29.440 --> 01:37:37.440]  And he ducked his head and he said, we're not allowed to identify ourselves.
[01:37:37.440 --> 01:37:40.440]  Say, say what?
[01:37:40.440 --> 01:37:43.440]  And he had on this garish blue tie.
[01:37:43.440 --> 01:37:46.440]  So we have secret police now?
[01:37:46.440 --> 01:37:51.440]  So what do I call you, secret agent blue tie?
[01:37:51.440 --> 01:37:54.440]  And Debra was sitting behind me, nearly fell out of the chair laughing.
[01:37:54.440 --> 01:37:56.440]  And Debra's a good looking woman.
[01:37:56.440 --> 01:38:00.440]  And he looked past me and he looked at her and his face just turned bright red.
[01:38:00.440 --> 01:38:07.440]  The guy was absolutely mortified.
[01:38:07.440 --> 01:38:10.440]  He felt completely dishonored.
[01:38:10.440 --> 01:38:16.440]  And he should have because he was not allowed to identify himself.
[01:38:16.440 --> 01:38:17.440]  You cannot trust him.
[01:38:17.440 --> 01:38:22.440]  And I told him, there is no way I'm revealing this to you.
[01:38:22.440 --> 01:38:27.440]  I reveal this to you that this woman who wrote this affidavit is going to wind up dead somewhere.
[01:38:27.440 --> 01:38:29.440]  Oh, well, that won't happen.
[01:38:29.440 --> 01:38:32.440]  Yeah, you tell me that. Not even know who you are.
[01:38:32.440 --> 01:38:34.440]  Not going to happen.
[01:38:34.440 --> 01:38:38.440]  And we got out and stormed out of the place.
[01:38:38.440 --> 01:38:44.440]  You can't trust the FBI and I'm not blaming FBI agents.
[01:38:44.440 --> 01:38:46.440]  That's a political arm of the government.
[01:38:46.440 --> 01:38:52.440]  So I go around all those guys, go straight to the grand jury, bypass the U.S. attorney.
[01:38:52.440 --> 01:38:57.440]  And when the U.S. attorney hides your complaints from the grand jury,
[01:38:57.440 --> 01:39:00.440]  then you file against the U.S. attorney with a district judge.
[01:39:00.440 --> 01:39:05.440]  And when he refuses to do anything, you file against him with the court of appeals.
[01:39:05.440 --> 01:39:14.440]  And when they refuse to act, you file with them with the Supreme Court because all judges are magistrates.
[01:39:14.440 --> 01:39:19.440]  You file with them in their capacity as a magistrate.
[01:39:19.440 --> 01:39:24.440]  And that's a capacity from which they cannot, a duty from which they cannot shield themselves.
[01:39:24.440 --> 01:39:32.440]  But in the end, what this does is causes a lot of political boozing.
[01:39:32.440 --> 01:39:37.440]  These guys at the bottom get guys at the top looking at them saying, what is going on here?
[01:39:37.440 --> 01:39:40.440]  Why can't you handle this situation?
[01:39:40.440 --> 01:39:48.440]  Well, the guy is out of control. Your problem, not my problem. Fix it.
[01:39:48.440 --> 01:39:53.440]  The only way we can get politics is much harder in the Fed.
[01:39:53.440 --> 01:39:57.440]  In the state, same thing. Go straight to the grand jury.
[01:39:57.440 --> 01:40:00.440]  Do they have grand juries in Maryland?
[01:40:00.440 --> 01:40:02.440]  Yes, they do.
[01:40:02.440 --> 01:40:04.440]  Then go straight to the grand jury.
[01:40:04.440 --> 01:40:11.440]  You send a complaint to the district attorney's office addressed to the foreman of the grand jury.
[01:40:11.440 --> 01:40:15.440]  Registered, restricted.
[01:40:15.440 --> 01:40:18.440]  That means only the foreman of the grand jury can sign for it.
[01:40:18.440 --> 01:40:23.440]  You get any indication, anybody else signed for it, you charge them with mail fraud.
[01:40:23.440 --> 01:40:30.440]  In the Fed, you charge them with obstruction of justice in the state.
[01:40:30.440 --> 01:40:36.440]  And just start pointing ugly fingers at them.
[01:40:36.440 --> 01:40:39.440]  That gets politics going.
[01:40:39.440 --> 01:40:44.440]  I filed these complaints in Tarrant County against the Dallas County District Attorney,
[01:40:44.440 --> 01:40:49.440]  and I accused him of refusing to take a complaint against a magistrate
[01:40:49.440 --> 01:40:54.440]  who wouldn't hold an examining trial on a complaint against another magistrate.
[01:40:54.440 --> 01:40:59.440]  So what's going to happen is, as soon as they get these complaints,
[01:40:59.440 --> 01:41:03.440]  they're going to get a call from an investigator.
[01:41:03.440 --> 01:41:06.440]  All of them are going to get calls. What is going on here?
[01:41:06.440 --> 01:41:09.440]  I got criminal complaints. You want me to arrest you?
[01:41:09.440 --> 01:41:13.440]  You want to tell me why I shouldn't arrest you?
[01:41:13.440 --> 01:41:19.440]  Talk about politics? That creates lots of politics.
[01:41:19.440 --> 01:41:24.440]  So, when it comes to criminal complaints, my suggestion is,
[01:41:24.440 --> 01:41:27.440]  every time you have reason to believe that a crime has been committed,
[01:41:27.440 --> 01:41:30.440]  you prepare a criminal complaint and file it immediately.
[01:41:30.440 --> 01:41:35.440]  Send it to the grand jury, run the routine on them.
[01:41:35.440 --> 01:41:38.440]  It's not about getting the people convicted.
[01:41:38.440 --> 01:41:43.440]  It's about creating political pressure on them to do everything right,
[01:41:43.440 --> 01:41:47.440]  cross every T exactly the way they should,
[01:41:47.440 --> 01:41:53.440]  and above all, get you to go away and leave them alone.
[01:41:53.440 --> 01:41:56.440]  Yeah, but that's what I was thinking, the women with the bar grievance
[01:41:56.440 --> 01:42:00.440]  and the judicial misconduct, that's probably in that direction as well.
[01:42:00.440 --> 01:42:02.440]  Yes, that is exactly in that direction.
[01:42:02.440 --> 01:42:08.440]  And if the lawyer mentions the bar grievance in court,
[01:42:08.440 --> 01:42:12.440]  you file a bar grievance against him for that and object to him mentioning it.
[01:42:12.440 --> 01:42:15.440]  If the judge mentions the judicial conduct complaint,
[01:42:15.440 --> 01:42:19.440]  you demand that he stand down from the bench immediately
[01:42:19.440 --> 01:42:22.440]  and cause to be appointed the fairer and honest jurist
[01:42:22.440 --> 01:42:26.440]  you have a right to in the first instance.
[01:42:26.440 --> 01:42:32.440]  That way, if you're prepared for what they do
[01:42:32.440 --> 01:42:35.440]  and prepared in a way they don't expect it,
[01:42:35.440 --> 01:42:39.440]  they feel like you're setting them up.
[01:42:39.440 --> 01:42:40.440]  Exactly.
[01:42:40.440 --> 01:42:43.440]  And that's kind of what I did.
[01:42:43.440 --> 01:42:46.440]  Because I didn't file it with the clerk.
[01:42:46.440 --> 01:42:50.440]  I waited until the sentencing day to hand them the fine and the fact that it was a law.
[01:42:50.440 --> 01:42:53.440]  And so they didn't know what I was doing and they got them off guard.
[01:42:53.440 --> 01:42:57.440]  My mother and my cousin came with me next fall, they distinctly said something changed.
[01:42:57.440 --> 01:42:59.440]  They said something happened to them.
[01:42:59.440 --> 01:43:06.440]  Ken Magnuson told me a really cool story that kind of gives the perspective.
[01:43:06.440 --> 01:43:09.440]  He's in court, he had filed a motion.
[01:43:09.440 --> 01:43:12.440]  The judge ruled against his motion.
[01:43:12.440 --> 01:43:15.440]  He stands up, your honor, may I approach?
[01:43:15.440 --> 01:43:17.440]  And he holds up this document.
[01:43:17.440 --> 01:43:18.440]  Yes, you may.
[01:43:18.440 --> 01:43:20.440]  At first, he asked him to show it to the prosecutor.
[01:43:20.440 --> 01:43:23.440]  He said the prosecutor looked at it and just shrugged his shoulders.
[01:43:23.440 --> 01:43:24.440]  Okay.
[01:43:24.440 --> 01:43:27.440]  And he handed it to the judge.
[01:43:27.440 --> 01:43:34.440]  And it was a motion for reconsideration for the ruling he just made.
[01:43:34.440 --> 01:43:41.440]  And the judge read it and said, well, Mr. Magnuson, it seems you're a step ahead of the court.
[01:43:41.440 --> 01:43:44.440]  And Ken held up three fingers.
[01:43:44.440 --> 01:43:46.440]  That's what you want him to think.
[01:43:46.440 --> 01:43:52.440]  Hang on, Randy Kelton, Louisville Radio, a call in number 512-646-1984.
[01:43:52.440 --> 01:43:53.440]  Chuck, that's you there.
[01:43:53.440 --> 01:43:55.440]  We'll get to you shortly.
[01:43:55.440 --> 01:44:00.440]  We'll be right back.
[01:44:00.440 --> 01:44:03.440]  You feel tired when talking about important topics like money and politics?
[01:44:03.440 --> 01:44:04.440]  Sorry.
[01:44:04.440 --> 01:44:07.440]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.440 --> 01:44:08.440]  What?
[01:44:08.440 --> 01:44:12.440]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.440 --> 01:44:19.440]  Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity at an early age.
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[01:44:36.440 --> 01:44:40.440]  And because of Brave New Books, I now enjoy reading and watching educational documentaries
[01:44:40.440 --> 01:44:42.440]  without feeling tired or uninterested.
[01:44:42.440 --> 01:44:50.440]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503
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[01:44:57.440 --> 01:45:00.440]  and an overall increase in mental functioning.
[01:45:00.440 --> 01:45:03.440]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.440 --> 01:46:27.440]  Some things in this world I will never understand.
[01:46:27.440 --> 01:46:31.440]  Some things I realize foolish.
[01:46:31.440 --> 01:46:35.440]  Somebody's on a police, a policeman.
[01:46:35.440 --> 01:46:40.440]  Somebody's on a police, a police.
[01:46:40.440 --> 01:46:42.440]  There's always a room at the top...
[01:46:42.440 --> 01:46:44.440]  Okay, we are back.
[01:46:44.440 --> 01:46:46.440]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:46:46.440 --> 01:46:48.440]  We're talking to Jimmy in Maryland.
[01:46:48.440 --> 01:46:51.440]  We do need to finish this up, Jimmy.
[01:46:51.440 --> 01:46:53.440]  I can call you back tomorrow.
[01:46:53.440 --> 01:46:54.440]  Tomorrow would be good.
[01:46:54.440 --> 01:47:01.440]  I did enjoy this conversation because sometimes I like to get into real nitty-gritty details
[01:47:01.440 --> 01:47:07.440]  of how a case is working, and the politics part begins to make more sense.
[01:47:07.440 --> 01:47:09.440]  I appreciated this conversation.
[01:47:09.440 --> 01:47:14.440]  I know you've caused a number of times, and a lot of times we've kind of shorted you,
[01:47:14.440 --> 01:47:17.440]  so we owed you a little extra time this time.
[01:47:17.440 --> 01:47:19.440]  Okay, call back tomorrow.
[01:47:19.440 --> 01:47:21.440]  We'll talk about this some more.
[01:47:21.440 --> 01:47:22.440]  Certainly.
[01:47:22.440 --> 01:47:23.440]  Look forward to it.
[01:47:23.440 --> 01:47:24.440]  Thanks a lot, Randy.
[01:47:24.440 --> 01:47:25.440]  Thank you.
[01:47:25.440 --> 01:47:27.440]  Okay, now we're going to Chuck in Ohio.
[01:47:27.440 --> 01:47:28.440]  Hello, Chuck.
[01:47:28.440 --> 01:47:30.440]  What do you have for us tonight?
[01:47:30.440 --> 01:47:31.440]  How are you doing, Randy?
[01:47:31.440 --> 01:47:32.440]  I haven't talked to you for a little while.
[01:47:32.440 --> 01:47:35.440]  I think maybe his remedy that he's talking about might be...
[01:47:35.440 --> 01:47:38.440]  I read some commentaries under Federal Rule 11,
[01:47:38.440 --> 01:47:43.440]  and it may be beneficial to what the last caller was doing.
[01:47:43.440 --> 01:47:46.440]  But I wanted to talk about Federal Rule 5.1,
[01:47:46.440 --> 01:47:50.440]  but before I got into that, I wanted to talk about a little traffic stop I got,
[01:47:50.440 --> 01:47:51.440]  and what I've done.
[01:47:51.440 --> 01:47:54.440]  My thing is kind of funny.
[01:47:54.440 --> 01:48:00.440]  I was traveling down a highway, and this officer pulls me over,
[01:48:00.440 --> 01:48:07.440]  and he stops me, and he says, I said, what's the emergency?
[01:48:07.440 --> 01:48:09.440]  He said, you went over the white line.
[01:48:09.440 --> 01:48:12.440]  I said, well, what evidence did I go over the white line?
[01:48:12.440 --> 01:48:13.440]  He said, I saw you.
[01:48:13.440 --> 01:48:15.440]  I said, I did not.
[01:48:15.440 --> 01:48:17.440]  He says, I need license, registration, proof of insurance.
[01:48:17.440 --> 01:48:19.440]  I put it on the dashboard.
[01:48:19.440 --> 01:48:20.440]  It's right there.
[01:48:20.440 --> 01:48:21.440]  He says, can you hand that to me?
[01:48:21.440 --> 01:48:23.440]  I said, are you ordering?
[01:48:23.440 --> 01:48:27.440]  He said to me, he says, I'm ordering you to give me that license,
[01:48:27.440 --> 01:48:29.440]  registration, proof of insurance.
[01:48:29.440 --> 01:48:33.440]  I said, well, according to the statute, I believe,
[01:48:33.440 --> 01:48:36.440]  if the statute says display, it doesn't state order.
[01:48:36.440 --> 01:48:37.440]  He says, can I come in your car?
[01:48:37.440 --> 01:48:38.440]  I said, absolutely not.
[01:48:38.440 --> 01:48:41.440]  Under my domestic authority, you're not walking in my car.
[01:48:41.440 --> 01:48:42.440]  He says, I want you to get out of your car.
[01:48:42.440 --> 01:48:44.440]  You're under arrest.
[01:48:44.440 --> 01:48:45.440]  I said, I'm going to tell you what.
[01:48:45.440 --> 01:48:48.440]  You better call your superior before I get out of this car.
[01:48:48.440 --> 01:48:49.440]  So he calls his superior.
[01:48:49.440 --> 01:48:51.440]  I call 911.
[01:48:51.440 --> 01:48:52.440]  I said...
[01:48:52.440 --> 01:48:54.440]  Good man.
[01:48:54.440 --> 01:48:55.440]  Yeah.
[01:48:55.440 --> 01:49:00.440]  I said, this officer has ordered me to get out of my car.
[01:49:00.440 --> 01:49:01.440]  He's ordered me to hand him papers.
[01:49:01.440 --> 01:49:05.440]  He's ordered me to get on my head and spit nickels out.
[01:49:05.440 --> 01:49:08.440]  I said, he's violating my rights under Title 42.
[01:49:08.440 --> 01:49:12.440]  He's also under color law, color expressions of law.
[01:49:12.440 --> 01:49:15.440]  And I said, I want to see somebody out here.
[01:49:15.440 --> 01:49:18.440]  So his superior comes out there about 20 minutes later.
[01:49:18.440 --> 01:49:20.440]  And he says to me, he says, what's going on?
[01:49:20.440 --> 01:49:22.440]  I said, well, I'm traveling out of...
[01:49:22.440 --> 01:49:23.440]  I'm not driving.
[01:49:23.440 --> 01:49:26.440]  I'm not commercial activity at all right now at this moment.
[01:49:26.440 --> 01:49:28.440]  He says, can you hand me that license?
[01:49:28.440 --> 01:49:32.440]  I said, I will hand you that license only as an identifier of who I am
[01:49:32.440 --> 01:49:35.440]  and not as I was driving.
[01:49:35.440 --> 01:49:38.440]  So I handed the other officer the license,
[01:49:38.440 --> 01:49:43.440]  and the three minutes later he says, get out of here.
[01:49:43.440 --> 01:49:44.440]  So a little bit different.
[01:49:44.440 --> 01:49:47.440]  So that might help somebody if somebody gets in there, you know.
[01:49:47.440 --> 01:49:51.440]  But I wanted to talk a little bit about the federal rules 5.1.
[01:49:51.440 --> 01:49:55.440]  And what it means is a constitutional question on statutory code.
[01:49:55.440 --> 01:49:59.440]  And I'm a little vague on it, so I was hoping you may be able to help me out on that.
[01:49:59.440 --> 01:50:01.440]  So I want to hear what you had to say about that,
[01:50:01.440 --> 01:50:08.440]  if you know anything about that law or that code.
[01:50:08.440 --> 01:50:11.440]  Are you there?
[01:50:11.440 --> 01:50:13.440]  Oh, sorry, I muted my mic.
[01:50:13.440 --> 01:50:17.440]  We have a suppressor on the system, and if there's noise in my background,
[01:50:17.440 --> 01:50:19.440]  it'll push your voice down.
[01:50:19.440 --> 01:50:22.440]  So I had my mic muted.
[01:50:22.440 --> 01:50:24.440]  Can you read rule 5?
[01:50:24.440 --> 01:50:27.440]  I'm going to look it up while you're reading it.
[01:50:27.440 --> 01:50:29.440]  Well, I don't have it on me in my car,
[01:50:29.440 --> 01:50:32.440]  but it's a constitutional question about a statutory code.
[01:50:32.440 --> 01:50:35.440]  And what it says that they, if it's anything statutory,
[01:50:35.440 --> 01:50:43.440]  they must go call the, I guess, the Secretary of State or the Governor of the State
[01:50:43.440 --> 01:50:45.440]  or the United States, depending on what it is,
[01:50:45.440 --> 01:50:49.440]  and then they must get their approval whether or not it can be moved,
[01:50:49.440 --> 01:50:51.440]  they can move a claim.
[01:50:51.440 --> 01:50:55.440]  So what I did is administratively I got another ticket.
[01:50:55.440 --> 01:50:59.440]  I got a ticket, and I never had any tickets in my life, but I got a ticket,
[01:50:59.440 --> 01:51:04.440]  and this guy just, he was just, you know, he was just an officer.
[01:51:04.440 --> 01:51:06.440]  You're taking this ticket.
[01:51:06.440 --> 01:51:08.440]  So I got the ticket, I kept it for a day or two,
[01:51:08.440 --> 01:51:12.440]  and I sent it back to him within 72 hours.
[01:51:12.440 --> 01:51:15.440]  And I gave him a constitutional question on administrative process,
[01:51:15.440 --> 01:51:19.440]  and I gave him 20 days to answer it, and he spelled answer it.
[01:51:19.440 --> 01:51:23.440]  So I'm going to default him, and then there will be a notice of agreement that we have,
[01:51:23.440 --> 01:51:26.440]  and then I'll bring that into court.
[01:51:26.440 --> 01:51:27.440]  Oh, wait a minute.
[01:51:27.440 --> 01:51:31.440]  This is way too interesting.
[01:51:31.440 --> 01:51:33.440]  We're going to run out, I know we're going to run out of time.
[01:51:33.440 --> 01:51:35.440]  We only got seven minutes.
[01:51:35.440 --> 01:51:39.440]  Would it be possible for you to call back tomorrow or not?
[01:51:39.440 --> 01:51:40.440]  Yeah, I could call you back tomorrow.
[01:51:40.440 --> 01:51:41.440]  Okay.
[01:51:41.440 --> 01:51:44.440]  The reason I said that is so we don't have to get through all of it right now.
[01:51:44.440 --> 01:51:50.440]  I just, I didn't want you to be cramped and rushed, but you have definitely got my attention.
[01:51:50.440 --> 01:51:54.440]  Let me read rule 5.1 constitutional challenge,
[01:51:54.440 --> 01:51:59.440]  noticed by a party, a party that files a pleading, written motion, or other paper,
[01:51:59.440 --> 01:52:04.440]  drawing into question the constitutionality of a federal or state statute,
[01:52:04.440 --> 01:52:07.440]  must promptly file a notice of constitutional question,
[01:52:07.440 --> 01:52:12.440]  stating the question and identifying the paper that raises it.
[01:52:12.440 --> 01:52:15.440]  Hold on, I missed something in reading it.
[01:52:15.440 --> 01:52:20.440]  A party that files a pleading, written motion, or other paper drawing into question
[01:52:20.440 --> 01:52:27.440]  the constitutionality of a federal or state statute must promptly,
[01:52:27.440 --> 01:52:35.440]  this is the purpose, person filing the document, not the person receiving it.
[01:52:35.440 --> 01:52:38.440]  He must file a notice of constitutional question,
[01:52:38.440 --> 01:52:46.440]  stating the question and identifying the paper that raises it if the federal statute is questioned
[01:52:46.440 --> 01:52:49.440]  and the parties do not include the United States,
[01:52:49.440 --> 01:52:53.440]  one of its agencies or one of the officers' employees in an official capacity,
[01:52:53.440 --> 01:52:59.440]  or a state statute is questioned and the parties do not include the state,
[01:52:59.440 --> 01:53:04.440]  one of the agencies or one of the officers' employees in an official capacity,
[01:53:04.440 --> 01:53:10.440]  and serve the notice and paper on the attorney general of the United States
[01:53:10.440 --> 01:53:13.440]  if a federal statute is questioned on the state attorney general
[01:53:13.440 --> 01:53:20.440]  if a state statute is questioned either by certified mail or interest in mail, blah, blah, blah.
[01:53:20.440 --> 01:53:21.440]  Right.
[01:53:21.440 --> 01:53:24.440]  Can you explain to me what that means?
[01:53:24.440 --> 01:53:29.440]  I'm a little lost on two, but I believe what I'm thinking is that if they give you a ticket
[01:53:29.440 --> 01:53:36.440]  or somebody gives you a ticket, they must find out whether or not it's a constitutional question,
[01:53:36.440 --> 01:53:39.440]  whether or not they have a right to do anything to you,
[01:53:39.440 --> 01:53:42.440]  because they're going on the color of law and color expressions of law.
[01:53:42.440 --> 01:53:46.440]  They're not really doing, they're not doing any constitutionality at all.
[01:53:46.440 --> 01:53:48.440]  Okay, hold on, hold on, we have a problem.
[01:53:48.440 --> 01:53:53.440]  I think them to question it, whether or not it is, and they have a right to do that.
[01:53:53.440 --> 01:53:57.440]  Okay, hold on, hold on, I think we're out of context.
[01:53:57.440 --> 01:54:06.440]  What this says is, notice by a party, what does party mean?
[01:54:06.440 --> 01:54:14.440]  This goes to, they don't speak English in court, they speak legalese.
[01:54:14.440 --> 01:54:22.440]  If I'm right about what party means, party, since this is the rules, the federal rules of civil procedure,
[01:54:22.440 --> 01:54:30.440]  party refers to one of the litigants in a civil proceeding.
[01:54:30.440 --> 01:54:42.440]  So when you're before this officer, you're not in a civil proceeding, I wouldn't think 5.1 would apply.
[01:54:42.440 --> 01:54:50.440]  This is the fun part, this is the part I like to do with code, is take it apart in little pieces this way,
[01:54:50.440 --> 01:54:56.440]  because if we don't do it here, the prosecutor or the party on the other side is going to do it to you in court.
[01:54:56.440 --> 01:55:00.440]  And I've had that done to me and it sucks.
[01:55:00.440 --> 01:55:09.440]  So this looks like it only applies to a party in a civil litigation.
[01:55:09.440 --> 01:55:13.440]  I don't think we can, from reading that, I don't think we can.
[01:55:13.440 --> 01:55:22.440]  Here's the deal, if the officer sent a ticket out, where's the work orders from the count that said that?
[01:55:22.440 --> 01:55:27.440]  Oh, okay. You're a party, you're the defendant.
[01:55:27.440 --> 01:55:28.440]  Yeah.
[01:55:28.440 --> 01:55:29.440]  Okay.
[01:55:29.440 --> 01:55:30.440]  I understand.
[01:55:30.440 --> 01:55:38.440]  Good answer. So now you're the defendant, so you are a party.
[01:55:38.440 --> 01:55:46.440]  If you file a notice of constitutional question, then I have to read down to this, what must they do?
[01:55:46.440 --> 01:55:51.440]  Certification by the court, the court must under 28 U.S.C. 2403,
[01:55:51.440 --> 01:56:00.440]  certify to the appropriate attorney general or other state or general that a statute has been questioned.
[01:56:00.440 --> 01:56:11.440]  So if you raise this constitutional question, then say it's a traffic ticket.
[01:56:11.440 --> 01:56:23.440]  But then the municipal judge or JP must certify this to, okay, hold on, back up.
[01:56:23.440 --> 01:56:27.440]  This is federal rules of civil procedure.
[01:56:27.440 --> 01:56:33.440]  How can we import this requirement into the state?
[01:56:33.440 --> 01:56:34.440]  That's true.
[01:56:34.440 --> 01:56:37.440]  That's the only way, only if the person be maybe something like that.
[01:56:37.440 --> 01:56:44.440]  But the point is that is it, I filed that in the county in my suit.
[01:56:44.440 --> 01:56:46.440]  I filed a motion.
[01:56:46.440 --> 01:56:47.440]  Okay, hold on.
[01:56:47.440 --> 01:56:58.440]  If it is constitutional, when it says constitutional, here it means federal constitution, not state.
[01:56:58.440 --> 01:56:59.440]  I got it.
[01:56:59.440 --> 01:57:00.440]  I got it.
[01:57:00.440 --> 01:57:05.440]  We're acting under color law and color expressions of law.
[01:57:05.440 --> 01:57:06.440]  Okay, hold on.
[01:57:06.440 --> 01:57:10.440]  That doesn't automatically go to Fed.
[01:57:10.440 --> 01:57:19.440]  I know that, but it's a conflict between law and equity because where's the damaged party at?
[01:57:19.440 --> 01:57:25.440]  Under Texas law, you probably have this in Ohio.
[01:57:25.440 --> 01:57:34.440]  Texas law stipulates that when a criminal statute is violated, the state is the injured party.
[01:57:34.440 --> 01:57:37.440]  That's in code.
[01:57:37.440 --> 01:57:41.440]  Well, he told me, the officer told me that he's a damaged party.
[01:57:41.440 --> 01:57:42.440]  He's the society.
[01:57:42.440 --> 01:57:48.440]  I told him, don't tell me this term is the society, show up in court.
[01:57:48.440 --> 01:57:56.440]  If he's speaking in the context of a representative of the state, he may be correct.
[01:57:56.440 --> 01:58:01.440]  He probably doesn't have a clue that he's correct, but he might be.
[01:58:01.440 --> 01:58:03.440]  Well, I'll call you up tomorrow then.
[01:58:03.440 --> 01:58:04.440]  This is interesting.
[01:58:04.440 --> 01:58:09.440]  This would be a great issue to take up tomorrow.
[01:58:09.440 --> 01:58:11.440]  Okay, so you're in the music.
[01:58:11.440 --> 01:58:13.440]  We're about out of time.
[01:58:13.440 --> 01:58:14.440]  Thank you, Chuck.
[01:58:14.440 --> 01:58:18.440]  I was not feeling well today, and I suggested maybe we should put in an archive.
[01:58:18.440 --> 01:58:20.440]  They said, ah, we'll do okay.
[01:58:20.440 --> 01:58:23.440]  This has been a great show.
[01:58:23.440 --> 01:58:26.440]  So I'm glad we didn't put in an archive.
[01:58:26.440 --> 01:58:27.440]  Thank you, Chuck.
[01:58:27.440 --> 01:58:29.440]  Be sure to call back tomorrow night.
[01:58:29.440 --> 01:58:31.440]  I'm going to enjoy this.
[01:58:31.440 --> 01:58:35.440]  This is Randy Kelton, Deborah Stevens, Rue LaValle Radio.
[01:58:35.440 --> 01:58:39.440]  We'll be back tomorrow night on our four-hour info marathon.
[01:58:39.440 --> 01:58:42.440]  We'll be looking forward to your questions and comments.
[01:58:42.440 --> 01:58:50.440]  Thank you for listening, and good night.
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