ROL_2016-01-22_16k_Hr3-4.timecode

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[00:46.440 --> 00:52.520]  Today in history, Wednesday, January 19, 1977, West Palm Beach reported snow for the first
[00:52.520 --> 01:02.080]  time on record, with snow flurries reaching as far south as Homestead and even the Bahamas.
[01:02.080 --> 01:06.880]  In recent news, the U.N. is set to set up processing centers in countries near to Central
[01:06.880 --> 01:11.400]  America where people will be allowed to apply for refugee status without having to pay smugglers
[01:11.400 --> 01:13.460]  to take them to the U.S. border.
[01:13.460 --> 01:18.160]  People granted refugee status may be resettled in the United States or other countries.
[01:18.160 --> 01:22.400]  In a recent release, the U.N. said, quote, the international community is currently experiencing
[01:22.400 --> 01:28.000]  a flood of migrants from countries in crisis with the number of forcibly displaced persons
[01:28.000 --> 01:32.240]  in the world now higher than it has been at any time since World War II.
[01:32.240 --> 01:36.320]  Also according to the United Nations, almost 60 million people worldwide have been forced
[01:36.320 --> 01:41.520]  from their homes by conflict, persecution, general violence, or human rights violations.
[01:41.520 --> 01:45.840]  The global population of displaced people is growing at a faster rate than the general
[01:45.840 --> 01:53.080]  population.
[01:53.080 --> 01:56.800]  Researchers from Durham University have discovered what appears to be a massive canyon system
[01:56.800 --> 01:58.680]  beneath Antarctica's ice.
[01:58.680 --> 02:02.720]  Using satellite data, geologists have mapped out a system of canyons over a thousand kilometers
[02:02.720 --> 02:07.320]  long, which is over twice the length of the Grand Canyon, with pits that reach up to
[02:07.320 --> 02:08.320]  a kilometer deep.
[02:08.320 --> 02:18.400]  They were located in the Princess Elizabeth land region on the eastern side of the continent.
[02:18.400 --> 02:22.320]  The Texas Department of Public Safety, or DPS, has confirmed that a highway patrol trooper,
[02:22.320 --> 02:27.280]  Terry Lockridge, 33 years old, was arrested last week on charges of aggravated sexual
[02:27.280 --> 02:29.680]  assault of an underage girl.
[02:29.680 --> 02:33.840]  Mr. Lockridge has been with the DPS since September of 2009.
[02:33.840 --> 02:40.840]  Researchers say that the case is still under investigation.
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[02:50.840 --> 03:09.840]  This has been your Lowdown for January 19, 2016.
[03:09.840 --> 03:33.040]  Okay, we are back at Commander Kelton, Wheelbar Radio, and we're talking to Scott in Texas.
[03:33.040 --> 03:37.960]  I kind of feel like I kind of fell into preaching that last segment.
[03:37.960 --> 03:40.520]  I'll try to avoid that.
[03:40.520 --> 03:48.840]  But it is my major pull pit if we're going to beat these guys, because we've got to go
[03:48.840 --> 03:49.840]  after them.
[03:49.840 --> 03:54.760]  And once you start this process, it really changes everything, especially if you're being
[03:54.760 --> 03:57.360]  charged with a traffic citation.
[03:57.360 --> 04:02.520]  I mean, that's not a great big deal.
[04:02.520 --> 04:06.680]  And you get a real good experience of the legal system.
[04:06.680 --> 04:16.240]  Scott, as far as your experience of this ticket, you got to really learn how to go after these
[04:16.240 --> 04:17.240]  guys.
[04:17.240 --> 04:18.240]  Exactly.
[04:18.240 --> 04:21.680]  That's not something you learn in law school even.
[04:21.680 --> 04:27.960]  Well, no, and I tell you what, I got Eddie's material, you know, a while back, probably
[04:27.960 --> 04:31.960]  over a year ago, so I started kind of going through and learning that stuff.
[04:31.960 --> 04:37.480]  And then when I submitted the motions, you know, naturally you read them, but you know,
[04:37.480 --> 04:42.120]  I didn't really pay a whole lot of attention, you know, I read it, I read it, okay, I kind
[04:42.120 --> 04:44.160]  of halfway know what I'm talking about.
[04:44.160 --> 04:45.160]  Okay, great.
[04:45.160 --> 04:52.440]  Well, when I got in there in front of the judge, I knew what I wanted to say, I knew
[04:52.440 --> 04:58.360]  what I wanted to do, and then I knew I was being violated, I didn't know how to address
[04:58.360 --> 04:59.360]  it.
[04:59.360 --> 05:03.680]  So I started talking with you, and then it was like, oh, we're going to recuse this judge
[05:03.680 --> 05:07.360]  and we're going to slap him with this, we're going to file this other motion for subject
[05:07.360 --> 05:12.160]  matter jurisdiction, put a criminal complaint in on the cop, and we'll start pointing out
[05:12.160 --> 05:19.520]  where all the defects are, and I'm like, oh, defects, interesting.
[05:19.520 --> 05:26.920]  So it was kind of like backtracking everything, and then once I actually did put a timeline
[05:26.920 --> 05:33.160]  to it, like you asked me to do, and then I could really step back and start really looking
[05:33.160 --> 05:39.840]  at it from an analytical point of view and really putting things together in a logical
[05:39.840 --> 05:40.840]  conclusion.
[05:40.840 --> 05:44.520]  That's when it really started to help me.
[05:44.520 --> 05:49.920]  Then after reading it, it was actually the habeas that you wrote, it really seemed to
[05:49.920 --> 06:01.040]  put it together for me of how to use your timeline with law to make them reinforce each
[06:01.040 --> 06:06.760]  other to tell a story that leads your reader to a logical conclusion that you want them
[06:06.760 --> 06:08.880]  to go through.
[06:08.880 --> 06:15.040]  And so after putting all that together and then living it, you know, going through court
[06:15.040 --> 06:21.480]  because then I had to go to jury trial because it was supposed to be going to jury trial,
[06:21.480 --> 06:24.160]  but I put the motion in to recuse the judge.
[06:24.160 --> 06:31.640]  Well, when I walked into court that morning, there was nobody in court, not even the city
[06:31.640 --> 06:37.640]  attorney prosecutor, whoever he's supposed to be, nobody, just me, the judge, and the
[06:37.640 --> 06:42.440]  bailiff, and the judge would not say a word.
[06:42.440 --> 06:48.680]  He all of a sudden had a whole different attitude, and he just called me up real quietly and
[06:48.680 --> 06:53.680]  said, your motion to have the judge recuse has been denied, and we reach at this court
[06:53.680 --> 06:55.160]  date four months from now.
[06:55.160 --> 06:57.400]  And I'm like, yes, sir, see you later.
[06:57.400 --> 07:01.600]  Oh, I told him, I said, man, traffic was a bear getting here this morning.
[07:01.600 --> 07:05.680]  It happened to be a foggy morning, so it was really kind of brutal, but I was just making
[07:05.680 --> 07:11.600]  it sound like, man, it was really tough to get here on time, but I made it.
[07:11.600 --> 07:16.360]  They wouldn't miss this for the world.
[07:16.360 --> 07:23.360]  That's right, I mean, and then walking there, and it was just like walking into a graveyard,
[07:23.360 --> 07:27.920]  and I was in and out in 15 minutes flat.
[07:27.920 --> 07:33.600]  They wanted me out of there so bad, they couldn't wait till I walked out.
[07:33.600 --> 07:37.720]  So now- That is exactly what we want.
[07:37.720 --> 07:38.720]  Exactly.
[07:38.720 --> 07:47.480]  So now with that stag, now that I have the criminal allegation put together, I'm going
[07:47.480 --> 07:53.200]  to sling it on all these other judges, and then walk in there, and it's going to be pretty
[07:53.200 --> 08:02.320]  much my backup, my last resort ammo, because as you were saying, the chances of them taking
[08:02.320 --> 08:08.520]  a criminal complaint with the grand jury that I'm going to indict this guy with, the judge,
[08:08.520 --> 08:14.240]  they're not going to take it, okay, we can concede that's going to be a typical snafu.
[08:14.240 --> 08:19.840]  Yeah, at least you hope they don't.
[08:19.840 --> 08:23.720]  This goes to, I have a few set rules.
[08:23.720 --> 08:31.440]  One of them is never make a proactive statement of law out of your own mouth.
[08:31.440 --> 08:40.560]  When you write a statement of fact, add in my opinion to the end, if the statement reads
[08:40.560 --> 08:44.800]  like a complete sentence, then take it out because it's not a statement of fact, it's
[08:44.800 --> 08:54.200]  an argument in support, and never make a proactive statement of law out of your own mouth.
[08:54.200 --> 09:02.680]  Once you have these down, they will lead you right to where Scott is right now with a document
[09:02.680 --> 09:09.000]  that will really sting them, and once you've put one of these together, and you can go
[09:09.000 --> 09:15.120]  on to jurisimprudence.com and read that habeas, and I have some complaints on the Cherokee
[09:15.120 --> 09:21.120]  County, under Cherokee County issue, where you can get an idea how to structure these
[09:21.120 --> 09:31.480]  together, then you can start running the routine on them, and this is where the worm turns.
[09:31.480 --> 09:37.200]  You flip things around and start moving it in your favor, and especially with a municipal
[09:37.200 --> 09:39.320]  court.
[09:39.320 --> 09:45.800]  The municipal judges believe that the state commission on judicial conduct uses them for
[09:45.800 --> 09:47.960]  cannon fodder.
[09:47.960 --> 09:53.720]  They never discipline higher level elected judges, but to make it look like they're actually
[09:53.720 --> 09:59.200]  doing their job, they crucify municipal judges and JPs.
[09:59.200 --> 10:03.040]  That's what they believe, and they are right.
[10:03.040 --> 10:07.240]  That's exactly what they do.
[10:07.240 --> 10:14.720]  When you start hammering a low level judge, they really get worried, and the more heat
[10:14.720 --> 10:20.640]  you bring back on them, the more they get worried, and I guarantee you, every municipal
[10:20.640 --> 10:26.840]  judge in that part of Texas knows what you're doing to them.
[10:26.840 --> 10:30.400]  They all talk to each other.
[10:30.400 --> 10:36.200]  I had a friend here, I knew the JP here in the town I live in, I worked him over a few
[10:36.200 --> 10:39.080]  times, and he was a real pro, I really liked this guy.
[10:39.080 --> 10:43.960]  I went in one day and he said, Mr. Kelton, you know you're getting pretty well known
[10:43.960 --> 10:44.960]  around Texas.
[10:44.960 --> 10:49.160]  I said, Mark, is that a good thing?
[10:49.160 --> 10:51.960]  No, I don't think so.
[10:51.960 --> 11:02.120]  He said he went to a continuing education class in Austin, and when they found out he
[11:02.120 --> 11:10.760]  was from Boyd, they all wanted to talk about me, and I said, well, what'd you talk about?
[11:10.760 --> 11:13.880]  He said, well, they want to know if you were crazy, and I said, what'd you tell them?
[11:13.880 --> 11:20.280]  He said, yeah, you are, but if he tells you something about law, pay attention, he knows
[11:20.280 --> 11:21.280]  his law.
[11:21.280 --> 11:28.960]  I said, okay, that'll work, but every time one of these JP's or municipal judges has
[11:28.960 --> 11:36.040]  a problem, they tell all the others about it so the others can kind of know how to prepare,
[11:36.040 --> 11:40.560]  so you start stinging them good, this starts getting around.
[11:40.560 --> 11:45.200]  And this judge tells all these other judges that you just filed felony tampering with
[11:45.200 --> 11:53.320]  a witness charged against the judge because he yelled at you.
[11:53.320 --> 12:01.960]  I bet you that ups his professionalism considerably.
[12:01.960 --> 12:07.240]  I don't think you'll have to worry about him yelling at you next time you're in court.
[12:07.240 --> 12:08.240]  What do you think?
[12:08.240 --> 12:09.240]  Oh, no.
[12:09.240 --> 12:10.240]  Oh, no.
[12:10.240 --> 12:17.000]  He's going to, my basic, what I was actually thinking is creating a criminal complaint
[12:17.000 --> 12:23.360]  against the cop, and then go in and submit it to that court, and then before, if we have
[12:23.360 --> 12:28.160]  to, once we do have to go to trial, then bring up that criminal complaint, say, hey, I got
[12:28.160 --> 12:32.320]  business before the court, before we can proceed and have this criminal complaint, and I need
[12:32.320 --> 12:33.320]  you to file that criminal complaint.
[12:33.320 --> 12:37.280]  He's going to say, no, no, I'm going to say the bailiffs need to arrest that judge, and
[12:37.280 --> 12:45.600]  then just start the whole ball of fire right from the very beginning, every bailiff's trial.
[12:45.600 --> 12:50.080]  I don't, okay.
[12:50.080 --> 12:55.200]  Probably it would be safer if you went out of the courtroom, told the bailiff to come
[12:55.200 --> 12:56.560]  with you.
[12:56.560 --> 12:57.560]  Okay.
[12:57.560 --> 13:02.480]  There's no way the judge can charge you with contempt.
[13:02.480 --> 13:07.000]  And if the judge says, well, we still have a hearing going on, you tell the judge, you
[13:07.000 --> 13:13.400]  need to hold on a moment, I have business with this bailiff, and he's likely, you know,
[13:13.400 --> 13:15.680]  you don't care what he does.
[13:15.680 --> 13:23.680]  If the judge doesn't take your complaint, now he's committed a crime from the bench.
[13:23.680 --> 13:28.040]  And you know, if the bailiff doesn't go with you, then you tell the bailiff, you need to
[13:28.040 --> 13:34.760]  get another bailiff, preferably to take your place in here because the criminal complaint
[13:34.760 --> 13:40.240]  on a press against this judge occurred in your sight and within your hearing.
[13:40.240 --> 13:50.400]  And that invokes a duty for you under 14.06, they are not going to be happy campers.
[13:50.400 --> 13:57.760]  Read Chapter 14 Code of Criminal Procedure, talks about arrest without a warrant.
[13:57.760 --> 14:03.960]  The bailiff is the court security officer, and it is his duty to keep the peace in the
[14:03.960 --> 14:06.800]  courtroom, arrest all offenders.
[14:06.800 --> 14:11.320]  It makes no difference who the offender is.
[14:11.320 --> 14:14.760]  The bailiff thinks he works for the judge.
[14:14.760 --> 14:19.560]  I've had bailiffs tell me that, oh, you are mistaken.
[14:19.560 --> 14:23.360]  You work for me.
[14:23.360 --> 14:26.600]  Through the sheriff, you do not work for this judge.
[14:26.600 --> 14:31.080]  And if this judge commits crime from the bench in your sight and in your presence, you have
[14:31.080 --> 14:32.440]  a duty to arrest him.
[14:32.440 --> 14:36.800]  Well, I'm not going to arrest the judge.
[14:36.800 --> 14:39.400]  You know, life is filled with little decisions.
[14:39.400 --> 14:41.760]  We all get to make some.
[14:41.760 --> 14:42.760]  Your turn.
[14:42.760 --> 14:43.760]  Okay.
[14:43.760 --> 14:48.160]  What do you say next?
[14:48.160 --> 14:52.040]  The only thing is, I guess you probably have some other callers, so I'll let you go.
[14:52.040 --> 14:58.480]  I just need to get, I want to get a couple of motions, whatever I'm going to need to
[14:58.480 --> 15:08.520]  get, to file, to get the evidence of the judge, actually, because the judge, when he, when
[15:08.520 --> 15:15.040]  I had that hearing, basically getting arraigned that morning out of jail, what he said is
[15:15.040 --> 15:16.040]  on tape.
[15:16.040 --> 15:22.800]  So I need to get all that evidence and I could actually, basically, I just need to get the
[15:22.800 --> 15:27.200]  records of all the case and all the audio, so I just need to get the paperwork to file
[15:27.200 --> 15:34.960]  all the motions for that stuff and, okay, those are the, you can do that with an information
[15:34.960 --> 15:35.960]  request.
[15:35.960 --> 15:47.720]  Now, I have some on jurisimprudence.com under documents and research and then on, then blanks,
[15:47.720 --> 15:49.720]  they pull down a blank information request.
[15:49.720 --> 16:02.760]  Now this is, my requests are information requests, so I'm not making the request under some specified
[16:02.760 --> 16:10.640]  statutory authority and this is a thing that proceeds tend to do, is they tend to give
[16:10.640 --> 16:18.760]  the legal system legal advice and I suggest we don't do that.
[16:18.760 --> 16:26.080]  I used to have them labeled open government request and that implies 552 government code,
[16:26.080 --> 16:35.840]  so I'm changing that to open records request or information request because you have a
[16:35.840 --> 16:43.080]  right to this information under more than one statute, so I don't cite any, whatever
[16:43.080 --> 16:49.200]  applies applies and if you cite the wrong one, they'll refuse it to you based on that
[16:49.200 --> 16:56.720]  because they're going to say that these are court records and so the open records act
[16:56.720 --> 17:26.360]  doesn't apply and I'll address that a little bit.
[17:26.360 --> 17:44.800]  All right.
[17:44.800 --> 17:50.320]  at AllAboutZaper.com. Also, thanks to Eddie Craig, folks who buy the rule of law traffic
[17:50.320 --> 17:55.320]  seminar, get 10 entries into the contest. Check out the contest's rules and details
[17:55.320 --> 18:00.320]  at LogosRadioNetwork.com. Charistates or hipsters may not actually be those who win.
[18:00.320 --> 18:06.000]  Through advances in technology, our lives have greatly improved, except in the area
[18:06.000 --> 18:10.720]  of nutrition. People feed their pets better than they feed themselves, and it's time we
[18:10.720 --> 18:16.840]  changed all that. Our primary defense against aging and disease in this toxic environment
[18:16.840 --> 18:21.880]  is good nutrition. In a world where natural foods have been irradiated, adulterated,
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[19:13.040 --> 19:18.960]  Well, don't let nothing get to you. Only the Father can deliver you. And don't let bad
[19:18.960 --> 19:28.000]  mind people hurt you. Okay, we are back. Randy Felton, Radio. Call in numbers, 512-646-1984.
[19:28.000 --> 19:34.240]  Give us a call. Call lines are open. We will be taking your calls all night. And right
[19:34.240 --> 19:42.320]  now we are talking to Scott in Texas. So, go on and get an information request and you
[19:42.320 --> 19:51.400]  will request this from the jail. And that jail will be, was this a municipal jail or
[19:51.400 --> 20:01.320]  a county jail? Municipal. Okay, so you will request it essentially from the chief of police.
[20:01.320 --> 20:09.360]  And this is not a court record. This is an administrative record. And what I was saying
[20:09.360 --> 20:15.160]  when we went to break, don't give them legal advice. If they ask you under what authority
[20:15.160 --> 20:22.640]  you're asking for this, you tell them under any authority that applies. When they don't
[20:22.640 --> 20:30.120]  give it, then you cite the one that applies. 552 Government Code or 1.27, I believe, it's
[20:30.120 --> 20:37.120]  either set 2427, Code of Criminal Procedure says all courts shall be public. And under
[20:37.120 --> 20:44.040]  that provision, the courts are, all the records are made public, except for those records
[20:44.040 --> 20:53.800]  applying to the adjudication of cases. Actually, they're public. I'm sorry. That applies to
[20:53.800 --> 21:01.480]  those records that go to the adjudication of cases. Everything else falls under open
[21:01.480 --> 21:08.880]  records. The administrative records of the court don't fall under 1.27. They fall under
[21:08.880 --> 21:16.400]  552 Government Code, the Open Records Act. And for the most part, the courts don't know
[21:16.400 --> 21:21.960]  that. The attorney general, he screws everything up. I'm going to be filing criminal charges
[21:21.960 --> 21:26.320]  against the attorney general because they just do whatever they want to and nobody's
[21:26.320 --> 21:33.640]  held them to account. I requested all the emails of a judge. And the attorney general
[21:33.640 --> 21:43.520]  issued an opinion that said that the records were court records and therefore didn't have
[21:43.520 --> 21:54.600]  to be released. But this opinion is not for publication. You kidding me? Yeah, it is.
[21:54.600 --> 22:00.600]  So the judge, I mean, the attorney general's office issued this opinion knowing it was
[22:00.600 --> 22:10.120]  a public project. That's why they didn't want it published. So they figured I'd just
[22:10.120 --> 22:18.520]  forget about it and go away. Well, that's not, that part's not going to happen. So
[22:18.520 --> 22:23.560]  now you're going to, you'll go, you're going to have complaint against the officer. What's
[22:23.560 --> 22:30.560]  the accusation against the officer? I'm thinking I was either going to go with official or
[22:30.560 --> 22:38.040]  correction for aggravated kidnapping. Okay. And that's because of the, in the facts of
[22:38.040 --> 22:49.560]  the case, he, okay. How did you, okay. I don't remember exactly how you got to that. He pulls
[22:49.560 --> 22:57.960]  you over for what? He pulls me over allegedly for speeding. He has no proof. I asked him
[22:57.960 --> 23:04.160]  if he had a warrant. He did not. And then he basically said, if you don't give me your
[23:04.160 --> 23:09.760]  driver's license or an insurance, I'm going to smash out your window. Two more minutes
[23:09.760 --> 23:14.800]  roll pass by. He smashes out my window and grabs me and throws me on the ground, cusses
[23:14.800 --> 23:20.920]  me and stuffs me. That should get aggravated. First degree felony aggravated assault. Exactly.
[23:20.920 --> 23:29.120]  As soon as he put his hands on me, that was assault. Okay. First degree felony aggravated
[23:29.120 --> 23:39.640]  assault, false imprisonment or false imprisonment. That's about it for him. He did charge you
[23:39.640 --> 23:45.600]  with not having a license, but he found that later and he can do that. Correct. But then
[23:45.600 --> 23:55.920]  you, you claim in that case that you claim under fruit of the poison tree that you were
[23:55.920 --> 24:06.320]  subject to a false arrest. And this evidence for this last offense was not discovered until
[24:06.320 --> 24:10.880]  you were falsely arrested. So therefore it's fruit of the poison tree and they can't use
[24:10.880 --> 24:20.640]  it in court. Right. That's what I'm working on right now. So as soon as I get it drafted
[24:20.640 --> 24:27.840]  up, it's actually turned into a quite lengthy document already. And there is a chance in
[24:27.840 --> 24:34.960]  Dallas County that the Dallas County district attorney may get that complaint to the grand
[24:34.960 --> 24:44.720]  jury because I filed criminal charges against the past Dallas County district attorney with
[24:44.720 --> 24:50.880]  the Tarrant County district attorney. And the allegation was, is that the Dallas County
[24:50.880 --> 24:57.320]  district attorney had me removed from the courthouse to keep me from filing criminal complaints
[24:57.320 --> 25:10.560]  with a grand jury. Yeah. So, uh, she, the, the DA knows that I filed these and she's
[25:10.560 --> 25:17.000]  not going to want me filing the same thing against her, especially now with all the heat
[25:17.000 --> 25:26.440]  she's under. So once you stack up a couple of judges, and if, if I were doing this, I'd
[25:26.440 --> 25:30.840]  want to stack up them all. You work your way all the way up to a district judge and get
[25:30.840 --> 25:39.600]  a district judge to refuse. You could even go to the appellate courts and send them to
[25:39.600 --> 25:44.600]  each of the appellate court judges and get them to refuse and then send them to Supreme
[25:44.600 --> 25:51.960]  Court, primarily the chief justice of the Supreme, and then take complaints against
[25:51.960 --> 25:59.000]  all of these people to a grand jury. Take these guys for shielding from prosecution,
[25:59.000 --> 26:09.320]  fiscal oppression, each one that refused to act on a complaint. And we don't, we haven't
[26:09.320 --> 26:19.760]  went over this in a while. When you signed the citation, you signed the citation on as
[26:19.760 --> 26:28.720]  an agreement to appear before a magistrate at 543. Do you remember the numbers on that
[26:28.720 --> 26:42.280]  Scott? I know. Okay. 543 006, I believe authorizes an officer when he writes a citation on a
[26:42.280 --> 26:49.920]  class C misdemeanor violation of the transportation code. The author, the officer is authorized
[26:49.920 --> 26:59.320]  to allow the person arrested to sign a promise to appear before or some magistrate of the
[26:59.320 --> 27:05.600]  county. That's what the code says. It does not say before some judge of the county. It
[27:05.600 --> 27:12.720]  says some magistrate of the county. So you signed that and you agreed you were under
[27:12.720 --> 27:17.560]  contract to appear before some magistrate of the county. You came to court and asked
[27:17.560 --> 27:25.680]  for an examining trial and it was denied because the judge was acting in the capacity of the
[27:25.680 --> 27:32.120]  trial judge and not as a magistrate. This is what happened. And this always happens
[27:32.120 --> 27:42.560]  in every holy examining trial. I had a speeding ticket in Azale, Texas and went to court.
[27:42.560 --> 27:50.440]  Judge called me up and I had been there before and I walked up to the bar and I went to the
[27:50.440 --> 27:58.360]  bench and I looked down at the name tag and I said, judge Deadman. I seem to remember
[27:58.360 --> 28:03.600]  a judge Deadman in Azale, but I don't remember him having that much gray hair. And the judge
[28:03.600 --> 28:07.560]  looked to me and said, yes, Mr. Kelton, I don't remember your belly being quite that
[28:07.560 --> 28:16.080]  big. Oh, well, touche. And he said, well, Mr. Kelton, how do you please? Well, your
[28:16.080 --> 28:21.760]  honor, I'm not here to play. I'm here to have a examining trial and I want you to hold one.
[28:21.760 --> 28:28.080]  No, Mr. Kelton, I'm not going to hold an examining trial. Well, in that case, I want you to get
[28:28.080 --> 28:32.200]  the bailiff to come over here and arrest you for class A misdemeanor, official oppression,
[28:32.200 --> 28:37.320]  criminal violation, 3903 Penal Code. No, Mr. Kelton, I'm not going to have the bailiff
[28:37.320 --> 28:43.640]  for it. Let's see if we can get the prosecutor to do it. The prosecutor, I'm not going to
[28:43.640 --> 28:53.400]  do it. They thought I was just screwing around with them, but I wasn't. I was setting the
[28:53.400 --> 29:01.280]  record. Now, it's not a court of record, but I got a whole room full of people and they'll
[29:01.280 --> 29:07.680]  admit that they refused to arrest a judge. The judge was not there in the capacity of
[29:07.680 --> 29:16.360]  a judge. Judges wear two hats. They wear a judge's hat and they wear a magistrate's hat.
[29:16.360 --> 29:24.360]  When a criminal accusation is made before a judge, the judge is sitting in the capacity
[29:24.360 --> 29:35.000]  of a magistrate, not a judge. These municipal judges don't understand this. This guy thought
[29:35.000 --> 29:41.520]  he was really a judge and he's been an attorney forever. And it goes to show the attorneys
[29:41.520 --> 29:50.920]  do not know the law. Hang on, Randy Kelton, we have our radio, our call-in number, 512-646-1984.
[29:50.920 --> 29:57.680]  While we're on break, go have a look at our sponsors and we've got our fundraiser going.
[29:57.680 --> 30:03.800]  See if you can help us out and keep us on the air. Okay, take a right turn at the gas
[30:03.800 --> 30:09.160]  station and go two blocks, turn left on Main and it's the Fert House. Oh, hi, Catherine
[30:09.160 --> 30:14.760]  Albert here giving driving directions that involve left turns while I still can. Details
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[32:03.880 --> 32:07.880]  of Law traffic seminar. In today's America, we live in an us-against-them society. If we,
[32:07.880 --> 32:11.040]  the people, are ever going to have a free society, then we're going to have to stand
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[33:23.200 --> 33:31.240]  Okay. We were back. Randy Kelton, Rule of Law Radio. I think we've kind of handled everything
[33:31.240 --> 33:34.480]  here. Scott, do you have anything else for us?
[33:34.480 --> 33:40.880]  No, sir. I'll let you get to everybody else and just all y'all out there listening, put
[33:40.880 --> 33:47.880]  some effort into this and do a little studying. It will pay off big time. So other than that,
[33:47.880 --> 33:53.600]  I will let you go and you have a great evening, sir. And I will talk to you soon.
[33:53.600 --> 34:02.440]  Alrighty. Well, right now the call boards are open, but we don't have any callers, but
[34:02.440 --> 34:08.440]  I did have something I wanted to go to. I started, I pulled it up yesterday, but I didn't
[34:08.440 --> 34:19.080]  have time to get to it. It is a treatment I did. I'm looking to, there we go. Governor
[34:19.080 --> 34:29.800]  Perry. This goes to, I was going to, this goes to grand jury and this is a, a treatment
[34:29.800 --> 34:44.320]  in paramateria. Paramateria means how everything fits together. If one thing is in paramateria
[34:44.320 --> 34:53.960]  with the other, then it fit within the structure. Everything fits within the structure together.
[34:53.960 --> 35:01.720]  And I wrote, in the Tom Delay case, I wrote a habeas corpus and filed it. And it went
[35:01.720 --> 35:06.880]  to these proceedings, but this one was a little more complete that I sent to the governor's
[35:06.880 --> 35:15.360]  lawyers and I don't know that they ever acted on it, but I did want to kind of go through
[35:15.360 --> 35:24.360]  this. It's real technical, real specific and it goes, it's kind of an examination of chapter
[35:24.360 --> 35:32.760]  19, 20 and 21 of the Texas Code of Criminal Procedure. I'm just going to read the, probably
[35:32.760 --> 35:38.400]  the best way. In your habeas corpus, you're trying to change law. They filed a habeas corpus
[35:38.400 --> 35:49.080]  and the arguments they were making were arguments that the law as the law they were addressing
[35:49.080 --> 35:56.920]  was didn't apply in this case. And they were trying to get a distinct on case law, but
[35:56.920 --> 36:01.920]  they didn't address the right issues. And that was my point. Steep hill to climb when
[36:01.920 --> 36:07.040]  the prosecutor had to circumvent the clear dictate of the legislature in order to get
[36:07.040 --> 36:13.040]  these, this bogus indictment. I realize this may sound presumptuous since I'm only a radio
[36:13.040 --> 36:19.760]  talk show host and not a lawyer, but the code in this case seems very clear. The governor,
[36:19.760 --> 36:24.800]  like every other citizen had a right to the due course of the laws that was deliberately
[36:24.800 --> 36:32.120]  circumvented for this political assassination. Now I'm no fan of the governor of governor
[36:32.120 --> 36:40.040]  Perry or ex governor Perry. I'm a fan of due process and they didn't follow it. The lecture
[36:40.040 --> 36:45.400]  very clearly intended that a prosecuting attorney not have the power to seek an indictment in
[36:45.400 --> 36:53.740]  secret provision was put in place to prevent a prosecutor stacking a grand jury by, by
[36:53.740 --> 37:02.960]  granting any person the right to challenge the grand jury panel prior to impanelment
[37:02.960 --> 37:11.480]  by the inaction of Texas code of criminal procedure 19.27, which reads as follows. Any
[37:11.480 --> 37:17.600]  person may challenge before the grand jury has been impaneled, any person may challenge
[37:17.600 --> 37:26.380]  the array of jurors or any person represented as a grand juror in no other way shall objections
[37:26.380 --> 37:31.680]  to the qualifications and legality of the grand jury be heard. Any person confined in
[37:31.680 --> 37:38.440]  jail in the county jail shall upon his request be brought into the court or make such challenge
[37:38.440 --> 37:44.400]  to further prevent secret grand jury must the legislature enacted a specific prohibition
[37:44.400 --> 37:51.520]  against the seeking of an indictment prior to giving notice that she or he may have been,
[37:51.520 --> 37:57.000]  may have need of availing himself of the right granted by Texas code of criminal procedure
[37:57.000 --> 38:06.640]  16 19.27 super by the enactment of Texas code of criminal procedure 16.01, which reaches
[38:06.640 --> 38:13.840]  follows examining trial when the accused has been brought before a magistrate for an examining
[38:13.840 --> 38:18.800]  trial that officer shall proceed to examine into the truth of the accusation made allowing
[38:18.800 --> 38:24.320]  the accused however sufficient time to procure counsel. In a proper case, the magistrate
[38:24.320 --> 38:33.240]  may appoint counsel to represent an accused and in such examining trial only to be compensated
[38:33.240 --> 38:38.880]  as otherwise provided by this code. And here's the part that matters. The accused in any
[38:38.880 --> 38:46.200]  felony case shall have the right to an examine trial before indictment in the county having
[38:46.200 --> 38:51.840]  jurisdiction of the offense, whether he is, whether he be in custody or on bail at which
[38:51.840 --> 38:59.320]  time the magistrate at the hearing shall determine the amount of sufficiency of bail if available.
[38:59.320 --> 39:10.480]  Anyone has a right to end up to a examining trial before indictment. And this is further
[39:10.480 --> 39:18.200]  addressed in 2022. This right was further bolstered by the enactment of Texas code of
[39:18.200 --> 39:24.600]  criminal procedure 20.22, which reaches follows. Presentment entered of record. The fact of
[39:24.600 --> 39:30.160]  a presentment of indictment by a grand jury shall be entered in the record of the court.
[39:30.160 --> 39:35.680]  If the defendant is in custody or under bond, notifying briefly the style of the criminal
[39:35.680 --> 39:42.760]  action file number of the indictment and the defendant's name. We go back in and address
[39:42.760 --> 39:50.400]  something there. The fact of a presentment of indictment by a grand jury shall be entered
[39:50.400 --> 39:58.360]  in the record of the court. If the defendant is in custody or under bond, notifying briefly
[39:58.360 --> 40:03.960]  the style of criminal action, the file number and the defendant's name. If the defendant
[40:03.960 --> 40:09.320]  is not in custody or under bond at the time of the presentment of indictment, the indictment
[40:09.320 --> 40:15.300]  may not be made public and the entry of the record of the court relating to the indictment
[40:15.300 --> 40:21.400]  must be delayed until the capious is served and the defendant is placed in custody or
[40:21.400 --> 40:33.320]  under bond. Now it says until the capious is served and the meaning one previously mentioned
[40:33.320 --> 40:44.000]  refers to 21 where it instructs the clerk of the court. If the person named in indictment
[40:44.000 --> 40:52.320]  is not in custody to issue a capious. Well, according to by this, there can be no indictment
[40:52.320 --> 41:01.440]  until the person has been, has had an examining trial. This assures that because it forbids
[41:01.440 --> 41:08.920]  the court to record the indictment until the person has been arrested. When a person is
[41:08.920 --> 41:17.440]  arrested, the arresting officer is directed to take the person directly to the nearest
[41:17.440 --> 41:28.720]  magistrate. Now, if you read a warrant, what a warrant says is you are to arrest this person
[41:28.720 --> 41:37.480]  and bring him before me. So when a warrant is issued, it is issued for the purpose of
[41:37.480 --> 41:45.360]  bringing the person before a magistrate, not for putting him in jail. They have to bring
[41:45.360 --> 41:51.760]  him before a magistrate rather he's arrested with or without a warrant. If the warrant
[41:51.760 --> 42:02.360]  was issued, the warrant was issued pro se, I'm sorry, ex parte. The only reason they
[42:02.360 --> 42:07.840]  would need a warrant is because the other party's not there. So it's necessarily an
[42:07.840 --> 42:16.280]  ex parte issuance. And once it's issued, it says bring that person before me and bring
[42:16.280 --> 42:25.200]  it before me. The magistrate who issued the warrant is because they held an ex parte hearing.
[42:25.200 --> 42:30.840]  Once the person is arrested, they're to be brought back before the magistrate. And another
[42:30.840 --> 42:38.800]  examining trial is held with both parties present so that the arrested party or the
[42:38.800 --> 42:45.480]  accused is accorded all of his rights. This is required to happen before an indictment.
[42:45.480 --> 42:55.880]  What happened in this case was there never was a criminal complaint. Nobody ever accused
[42:55.880 --> 43:09.000]  the governor of anything. So even if the prosecutor is required when he is, receives a criminal
[43:09.000 --> 43:14.320]  complaint, he's to reduce the complaint to an information. If the complaint alleges a
[43:14.320 --> 43:19.080]  crime by a public official, he must reduce the complaint to an information, submit it
[43:19.080 --> 43:24.960]  to the grand jury. He doesn't get to investigate into it, he just gives it to the grand jury.
[43:24.960 --> 43:31.760]  And he's to submit the complaint to some magistrate about to go to break. We'll talk about that
[43:31.760 --> 43:39.400]  when we come back on the other side. This is Randy Kelton, we've got our fundraiser
[43:39.400 --> 43:45.960]  going. So while we're on break, go have a look at Logos Radio Network and look at our
[43:45.960 --> 43:52.840]  gun giveaway. We've got a couple of gun giveaways and some vapor, some other stuff. So go have
[43:52.840 --> 43:59.520]  a look, help keep us online. We need all the help we can get. We'll be right back.
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[46:27.640 --> 46:37.280]  Okay, we are back. Randy Kelton, Rube Radio, and we're talking about how the grand jury,
[46:37.280 --> 46:43.640]  how indictments are supposed to be brought. In this case, we go to Trussell. In 1967,
[46:43.640 --> 46:49.520]  Trussell rendered void all of the above and had the effect of ruling that if a prosecutor
[46:49.520 --> 46:57.400]  does what he or she is specifically forbidden to do by secretly presenting to a grand jury
[46:57.400 --> 47:03.820]  a person who has not been afforded the right to an examining trial, that said violation
[47:03.820 --> 47:09.720]  denies the accused in rights specifically granted by statute. Without any points of
[47:09.720 --> 47:15.640]  authorities or explanation, the court simply ruled out of hand that a prosecutor can act
[47:15.640 --> 47:21.120]  in violation of 3903, which reads as follows. They're now with three penal code, public
[47:21.120 --> 47:28.560]  service act in the color of his office or employment, and color in this case is a term
[47:28.560 --> 47:35.400]  of art, it means pretense, commits an offense if he intentionally subjects another to mistreatment
[47:35.400 --> 47:41.600]  or arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful.
[47:41.600 --> 47:47.360]  I won't read the rest of it. That's the one that's relevant. In the instant case, it had
[47:47.360 --> 47:53.040]  to be clear to the presiding judge that the indictment had been presented to the court
[47:53.040 --> 48:00.420]  in violation of Texas Code of Criminal Procedure 20.22, what we read earlier, that the prosecutor
[48:00.420 --> 48:06.440]  had presented to a grand jury wherein the person the prosecutor intended to seek an
[48:06.440 --> 48:13.680]  indictment of was denied the right granted in Article 19.27. The violation of Article
[48:13.680 --> 48:24.920]  20.22 and violation of 19.27 were accomplished by violating the specific denial of the right
[48:24.920 --> 48:33.120]  to any trial in violation of Article 16.01. No reasonable person of ordinary prudence
[48:33.120 --> 48:41.040]  can read Article 16.01 and construe it as anything other than a prohibition on the prosecutor
[48:41.040 --> 48:46.400]  from seeking an indictment until the accused has been given the opportunity to present
[48:46.400 --> 48:53.160]  exculpatory evidence. This exculpatory evidence would then be available to any subsequently
[48:53.160 --> 49:01.480]  impaneled grand jury under the dictate of TCCP, Texas Code of Criminal Procedure 2.01,
[49:01.480 --> 49:07.920]  which reads as follows, duties of district attorneys. Each district attorney shall represent
[49:07.920 --> 49:14.200]  the state in all cases in the district courts of this district and in appeals there from
[49:14.200 --> 49:19.440]  except in cases where he has been before his election employed adversely when a criminal
[49:19.440 --> 49:25.440]  proceeding is had before an examining court in his district or before a judge on habeas
[49:25.440 --> 49:33.320]  corpus and he is notified of the same and is at the time within his district he shall
[49:33.320 --> 49:39.400]  represent the state therein unless prevented by other official duties. It shall be the
[49:39.400 --> 49:46.280]  primary duty of all prosecuting attorneys including special prosecutors not to convict
[49:46.280 --> 49:50.800]  but to see that justice is done and this is the part that matters. They shall not suppress
[49:50.800 --> 49:57.960]  facts or secret witnesses capable of establishing the innocence of the accused. By seeking an
[49:57.960 --> 50:07.240]  indictment prior to presenting the complaint to some magistrate, securing a warrant and
[50:07.240 --> 50:12.840]  arresting the person and holding an examining trial, they deny the person the opportunity
[50:12.840 --> 50:22.680]  to present exculpatory evidence which is supposedly guaranteed by 2.01. So in doing so he also
[50:22.680 --> 50:29.800]  violates 2.01. Had the governor been granted the due process of the laws the evidence you
[50:29.800 --> 50:34.800]  put in your habeas corpus filing would have been available to the grand jury and no indictment
[50:34.800 --> 50:41.440]  would have happened. If you follow the case law it will be clear that everything evolved
[50:41.440 --> 50:52.600]  from trussle. Trussle as a precedent is worthless. There were three cases. The defend the prosecution
[50:52.600 --> 50:59.240]  and the prosecutor cited one case and that case relied on another case. The second case
[50:59.240 --> 51:06.560]  relied on trussle and in trussle the guy complained that he wasn't given an examining trial and
[51:06.560 --> 51:12.200]  the judge said oh after you're indicted you can't get an examining trial. The argument
[51:12.200 --> 51:18.800]  was you can't get an indictment until there is an examining trial. So the judge just arbitrarily
[51:18.800 --> 51:26.000]  and capriciously blew it off. The governor said to all the people who voted to fight
[51:26.000 --> 51:31.800]  this travesty and breach of due process get this garbage case law thrown out and the rule
[51:31.800 --> 51:39.080]  of law returned. As far as I can tell they did nothing. Then they ended with that's my
[51:39.080 --> 51:52.120]  story and I'm sticking to it. The governor's case here is essentially what caused the legislature
[51:52.120 --> 52:00.000]  to write new law. At the time this occurred the Travis county district attorney's office
[52:00.000 --> 52:09.440]  had a public integrity unit and Ron Earl had gotten that put in and Ron Earl used that
[52:09.440 --> 52:18.520]  public integrity unit to prosecute Tom DeLay. Tom DeLay the second highest level public
[52:18.520 --> 52:27.040]  official in the country, speaker of the house, was taken out by Travis county district attorney
[52:27.040 --> 52:37.800]  illegally. Nobody ever filed a criminal charge against Tom DeLay. If you look in the record
[52:37.800 --> 52:46.600]  today there's none in there. I filed a habeas corpus in the case. Dick DeGaron his lawyer
[52:46.600 --> 52:50.640]  called me and said are you the one who filed the habeas corpus? I said yes I am. He said
[52:50.640 --> 52:56.360]  well I'm the lead attorney and I didn't authorize it. I said authorize it? You're the one that
[52:56.360 --> 53:06.560]  should have filed it. He got a little huffy and hung up on me. So when they went to trial
[53:06.560 --> 53:11.120]  they came in in the morning they picked a jury. The jury went out for lunch. They came
[53:11.120 --> 53:17.400]  back and Judge Dietz was talking to the jury and I stood up in the courtroom and said your
[53:17.400 --> 53:21.880]  honor my name is Randall Kelton. I have business with this court that supersedes any business
[53:21.880 --> 53:29.160]  now before this court. And the judge said you're the one with the habeas. Yes ma'am I am. And
[53:29.160 --> 53:34.760]  he said he wasn't going to waste the grand jury's time with this nonsense. Now I had
[53:34.760 --> 53:43.980]  put that habeas in Tom DeLay's hand and he did nothing with it. The judge ordered me
[53:43.980 --> 53:51.360]  out of the courtroom and I'll be back after the judge for that. But they rested they found
[53:51.360 --> 53:58.600]  Tom DeLay guilty. They put him in jail. He spent three years in jail waiting for the
[53:58.600 --> 54:05.920]  appeal or he got three years and he spent however long it took to get the appeal. And
[54:05.920 --> 54:14.200]  the appellate court dismissed the case for lack of evidence. So Tom DeLay gets out of
[54:14.200 --> 54:23.800]  jail with no conviction on his record. I looked at that and said that had to be an arranged
[54:23.800 --> 54:31.880]  deal. That was all set up. I think when I put the habeas in Tom DeLay's hand I probably
[54:31.880 --> 54:40.640]  terrified him because he had a lot dirtier stuff going on in the background and he had
[54:40.640 --> 54:47.840]  made a deal to keep from having to spend the next 20 years in jail and he was looking at
[54:47.840 --> 54:55.880]  me probably possibly screwing up his deal. But the whole thing was illegal. It was exactly
[54:55.880 --> 55:02.480]  like what they did with the Perry case. And after Tom DeLay and then Perry if you look
[55:02.480 --> 55:11.440]  in the record in Rick Perry's case you'll find that a criminal complaint there either.
[55:11.440 --> 55:18.120]  They're prosecuting these people and nobody ever accused them of a crime. So the legislature
[55:18.120 --> 55:28.960]  Tom DeLay, Ron Earl, the Dallas County Attorney, Ron Earl the Travis County District Attorney
[55:28.960 --> 55:39.000]  had lobbied for and got legislation to fund these public integrity units and at the last
[55:39.000 --> 55:47.240]  legislature they passed new law that transferred the investigation of public officials to the
[55:47.240 --> 55:56.680]  Texas Rangers. Now I'm trying to get a hold of the Texas Rangers. They had until September
[55:56.680 --> 56:05.960]  to put together a set of rules and procedures for investigating public officials. Prior
[56:05.960 --> 56:24.880]  to this the statutes, the policy of the public safety was that a Texas Ranger could not take
[56:24.880 --> 56:32.760]  a complaint against the official and could not even investigate a public official without
[56:32.760 --> 56:38.680]  the express permission of the director of the Department of Public Safety himself. The
[56:38.680 --> 56:46.520]  Texas Rangers are a part of the Department of Public Safety. Now we have a special unit
[56:46.520 --> 56:57.600]  just for this purpose and I intend to be giving them some really interesting cases to work.
[56:57.600 --> 57:06.920]  One of the hardest parts I'm having here is I have so many criminal complaints to make.
[57:06.920 --> 57:17.680]  I'm having to work at how to structure them so that they lead inevitably to a conclusion
[57:17.680 --> 57:25.280]  of an ongoing criminal conspiracy on the part of the Texas to obstruct justice and deny
[57:25.280 --> 57:33.400]  due process. It's one of those issues where I have a lot more complaints than I can actually
[57:33.400 --> 57:40.520]  file. I've got so many for so many different things that the only way I can effectively
[57:40.520 --> 57:57.600]  file these is in a manner that the cases demonstrates an aspect of the essentially a Rico suit.
[57:57.600 --> 58:04.240]  But I want to file this in the form of a criminal conspiracy against most all the public officials
[58:04.240 --> 58:08.200]  in the state of Texas. At least all of the ones that I have filed complaints with may
[58:08.200 --> 58:14.560]  fail to act. Those I can charge directly. And if we get enough of them, odds are they're
[58:14.560 --> 58:20.520]  going to want to sacrifice a lamb and they'll throw somebody under the bus. And I'm hoping
[58:20.520 --> 58:26.120]  it's the Chief Justice of the Supreme, but I probably won't get him. The Attorney General,
[58:26.120 --> 58:30.480]  the governor, the ex attorney general, maybe we'll get one of them. We're sure going to
[58:30.480 --> 58:37.680]  take our best shot. Randy Kelton, we've already called it number 512-646-1984. Call boards
[58:37.680 --> 58:52.600]  are open. Give us a call. We'll be right back. Would you like to make more definite progress
[58:52.600 --> 58:58.560]  in your walk with God? Bibles for America is offering a free study Bible and a set of
[58:58.560 --> 59:02.940]  free Christian books that can really help. The New Testament recovery version is one
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[59:12.320 --> 59:17.600]  of life. The free books are a three volume set called basic elements of the Christian
[59:17.600 --> 59:22.720]  life. Chapter by chapter, basic elements of the Christian life clearly presents God's
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[59:53.280 --> 01:00:05.760]  to the Logos Radio Network at logosradionetwork.com. The following is brought to you by the Lone
[01:00:05.760 --> 01:00:12.760]  Star Lowdown, providing the jelly bulletins for the commodity market. Today in history,
[01:00:12.760 --> 01:00:23.600]  we've seen the latest updates and the inside scoop into the tides of the alternative. Markets
[01:00:23.600 --> 01:00:30.920]  for Tuesday the 19th of January 2016 are currently trading with gold at $1,087.85 an ounce, silver
[01:00:30.920 --> 01:00:37.720]  $14.02 an ounce, Texas crude $29.42 a barrel and Bitcoin is currently sitting at about
[01:00:37.720 --> 01:00:51.640]  $375 U.S. currency. Today in history, Wednesday, January 19th, 1977, West Palm Beach reported
[01:00:51.640 --> 01:00:56.800]  snow for the first time on record with snow flurries reaching as far south as Homestead
[01:00:56.800 --> 01:01:06.320]  and even the Bahamas. In recent news, the UN is set to set up processing centers in countries
[01:01:06.320 --> 01:01:10.440]  near to Central America where people will be allowed to apply for refugee status without
[01:01:10.440 --> 01:01:14.520]  having to pay smugglers to take them to the U.S. border. People granted refugee status
[01:01:14.520 --> 01:01:20.240]  may be resettled in the United States or other countries. In a recent release, the UN said,
[01:01:20.240 --> 01:01:24.160]  quote, the international community is currently experiencing a flood of migrants from countries
[01:01:24.160 --> 01:01:29.680]  in crisis with the number of forcibly displaced persons in the world now higher than it has
[01:01:29.680 --> 01:01:34.280]  been at any time since World War II. Also according to the United Nations, almost 60
[01:01:34.280 --> 01:01:39.240]  million people worldwide have been forced from their homes by conflict, persecution,
[01:01:39.240 --> 01:01:43.360]  general violence or human rights violations. The global population of displaced people
[01:01:43.360 --> 01:01:54.280]  is growing at a faster rate than the general population. Researchers from Durkheim University
[01:01:54.280 --> 01:01:58.720]  have discovered what appears to be a massive canyon system beneath Antarctica's ice. Using
[01:01:58.720 --> 01:02:02.760]  satellite data, geologists have mapped out a system of canyons over a thousand kilometers
[01:02:02.760 --> 01:02:07.400]  long, which is over twice the length of the Grand Canyon with pits that reach up to a
[01:02:07.400 --> 01:02:12.360]  kilometer deep. They were located in the Princess Elizabeth land region on the eastern side
[01:02:12.360 --> 01:02:21.040]  of the continent. The Texas Department of Public Safety, or DPS, has confirmed that
[01:02:21.040 --> 01:02:26.220]  a highway patrol trooper, Terry Lockridge, 33 years old, was arrested last week on charges
[01:02:26.220 --> 01:02:31.600]  of aggravated sexual assault of an underage girl. Mr. Lockridge has been with the DPS
[01:02:31.600 --> 01:02:35.920]  since September of 2009. Officials say that the case is still under investigation.
[01:03:01.600 --> 01:03:14.600]  Yeah. Story for everyone to hear. But now we're not gonna give in to the fear. Yeah,
[01:03:14.600 --> 01:03:30.600]  a story. I will lie just by my father's arms until he returns. I will lie just by my
[01:03:30.600 --> 01:03:55.600]  father's arms until he returns. I will lie just by my father's arms until he returns.
[01:03:55.600 --> 01:04:20.600]  I will lie just by my father's arms until he returns. I will lie just by my father's
[01:04:20.600 --> 01:04:50.520]  We are back, Randy Kelton with our radio.
[01:04:50.520 --> 01:04:55.440]  And our call-in number is 512-646-1984.
[01:04:55.440 --> 01:04:56.520]  Call lines are open.
[01:04:56.520 --> 01:04:58.000]  At least our fans are open.
[01:04:58.000 --> 01:05:01.280]  Let me make sure they're open in case, because we don't have any calls.
[01:05:01.280 --> 01:05:03.960]  And generally calls pick up late in the evening.
[01:05:04.480 --> 01:05:06.680]  Maybe I put everybody to sleep today.
[01:05:08.040 --> 01:05:08.480]  Well, okay.
[01:05:08.480 --> 01:05:17.200]  This is, since I have an open hour, I'm going to take advantage of it and go
[01:05:17.200 --> 01:05:22.400]  through my original habeas on due process.
[01:05:24.480 --> 01:05:28.960]  I haven't done a due process presentation in quite a while.
[01:05:30.600 --> 01:05:34.360]  So I'm going to go through the habeas and kind of the due process.
[01:05:36.480 --> 01:05:41.800]  If, if you've been arrested in most any state of the union, but especially Texas,
[01:05:41.800 --> 01:05:47.400]  I've done seminars all over the country and looked at the code number of different
[01:05:47.400 --> 01:05:53.920]  states and then compared the codes to the practice.
[01:05:55.440 --> 01:05:59.520]  And in every state I've looked at, it's been essentially the same.
[01:06:00.120 --> 01:06:07.480]  If you are accused of a crime and I'll speak to Texas because I have
[01:06:07.480 --> 01:06:10.680]  precise statistics for Texas.
[01:06:10.680 --> 01:06:13.880]  If you're accused of crime in Texas, you are going to take a deal.
[01:06:14.840 --> 01:06:16.400]  And that's all there is to that.
[01:06:17.480 --> 01:06:22.440]  You're going to take a deal because of every step is presently practiced
[01:06:22.440 --> 01:06:29.160]  from arrest to trial is, has been very carefully structured.
[01:06:29.640 --> 01:06:34.840]  So as to any person accused of crime in a position such that when the
[01:06:34.840 --> 01:06:39.000]  prosecutor comes to them and offers them a deal, they have no reasonable
[01:06:39.000 --> 01:06:40.920]  option other than to take it.
[01:06:42.320 --> 01:06:47.320]  And that is because every step from arrest to trial is not only wrong, it
[01:06:47.320 --> 01:06:55.320]  is very specifically against particular law and it's not just against particular
[01:06:55.320 --> 01:07:00.040]  law, it's against particular law for a very specific purpose.
[01:07:01.120 --> 01:07:04.040]  Everything is designed to force you to take it.
[01:07:04.040 --> 01:07:10.920]  And for several years ago, I wrote a habeas for a kid in Conroe.
[01:07:11.400 --> 01:07:17.160]  I had the Republic of Texas come to me and the president and the attorney
[01:07:17.160 --> 01:07:21.680]  general for the Republic of Texas, and they wanted me to see if I could do
[01:07:21.680 --> 01:07:23.360]  something to get this kid out of jail.
[01:07:24.440 --> 01:07:32.560]  The kid was picked up for a DUI and he had been in jail for a long time.
[01:07:32.560 --> 01:07:36.400]  He had been in jail for, I think, 28 days at this point.
[01:07:37.960 --> 01:07:41.800]  And these guys from the Republic of Texas has been telling
[01:07:41.800 --> 01:07:43.320]  them all this stuff to do.
[01:07:44.240 --> 01:07:48.560]  And by this time, the Republic of Texas group had filed so many
[01:07:49.160 --> 01:07:51.400]  liens against public officials.
[01:07:51.400 --> 01:07:54.320]  They had the whole state of Texas ready to shoot them all.
[01:07:55.160 --> 01:07:57.800]  I think they eventually put the president in jail.
[01:07:57.800 --> 01:08:01.160]  But I looked at what they were doing and I was furious.
[01:08:02.120 --> 01:08:06.200]  I told those two, you guys need to go set your behinds down there in jail
[01:08:07.080 --> 01:08:11.280]  and quit telling this kid to do this stupid stuff you're giving him to do.
[01:08:11.280 --> 01:08:12.760]  He refused to talk to him.
[01:08:13.240 --> 01:08:16.800]  He was filing some documentation they told him to file.
[01:08:16.800 --> 01:08:25.600]  And I looked at it and it was all from a legal form, guy's perspective, these
[01:08:25.600 --> 01:08:27.880]  documents were rubbish.
[01:08:28.880 --> 01:08:37.040]  So I prepared this habeas and the habeas starts out with the premise that if a
[01:08:37.040 --> 01:08:41.560]  person is arrested, that that is a big deal.
[01:08:42.040 --> 01:08:45.760]  I know the police don't think it's a big deal because they do it all the time,
[01:08:46.080 --> 01:08:52.760]  but the courts have held there are few more horrifying experiences than that
[01:08:52.760 --> 01:08:58.520]  of being suddenly snatched from a peaceful and ordinary existence and placed in the
[01:08:58.520 --> 01:09:02.680]  helpless position of having one's liberty restrained under the, under the
[01:09:02.680 --> 01:09:11.840]  accusation of a crime, Hollinsworth-Abbott County v. Hodge, Oklahoma 175.
[01:09:11.840 --> 01:09:12.920]  I don't have a data on it.
[01:09:12.920 --> 01:09:21.080]  So the courts, at least some of them consider that being jerked out of your
[01:09:21.080 --> 01:09:29.160]  orderly life and arrested is a really big deal in endeavor to, okay, here, now
[01:09:29.160 --> 01:09:36.520]  we get to once an arrest is made, the, there are certain things that the
[01:09:36.520 --> 01:09:38.280]  arresting officer must do.
[01:09:38.280 --> 01:09:43.080]  Now I'm going to Robinson v. Lavelle, in endeavoring to take the arrested
[01:09:43.080 --> 01:09:50.040]  person for magistrate, the officer must expend all the effort that he, that a
[01:09:50.040 --> 01:09:55.320]  highly cautious person would employ in the same circumstances once a person is
[01:09:55.320 --> 01:10:03.320]  arrested and I'm, I don't know why I missed it in my statement under 14.01,
[01:10:03.320 --> 01:10:08.600]  an officer can arrest someone for any offense in his sight or in his presence.
[01:10:09.480 --> 01:10:11.960]  That's 1401B.
[01:10:13.560 --> 01:10:23.000]  1401B was put in, in 1965 and that is the paragraph that turned the state of Texas
[01:10:23.160 --> 01:10:25.960]  into the worst police state the world has ever seen.
[01:10:27.000 --> 01:10:33.240]  Prior to the enactment of the 1401B, the state of Texas, the state of Texas
[01:10:33.240 --> 01:10:40.440]  in the enactment of paragraph 1401B, paragraph 1401 said a person could be
[01:10:40.440 --> 01:10:46.680]  arrested for any offense that was a breach of the peace or felony.
[01:10:47.720 --> 01:10:53.080]  It restricted without a warrant to breach of the peace or felony.
[01:10:53.080 --> 01:11:02.360]  1401B changed that to make it so that an officer can arrest you for anything.
[01:11:04.040 --> 01:11:09.560]  Drop this cigarette on the sidewalk, looking at it in crossways, anything.
[01:11:11.400 --> 01:11:16.600]  And once the arrest is made, article 14.06, Texas Code of Criminal Procedure,
[01:11:17.320 --> 01:11:22.600]  directs the arresting officer to take the person arrested with or without a warrant
[01:11:22.600 --> 01:11:28.840]  nearest magistrate. 14.06 makes the offender, okay, must take the offender before the magistrate.
[01:11:28.840 --> 01:11:34.840]  Acceptance provided by subsection B in each case, in who rated in this code,
[01:11:34.840 --> 01:11:39.240]  the person making the arrest or other person having custody of the person arrested
[01:11:39.240 --> 01:11:44.040]  shall take the person arrested or have him taken without an necessary delay,
[01:11:44.040 --> 01:11:49.560]  but not later than 48 hours after the person has been arrested before the magistrate who
[01:11:49.560 --> 01:11:55.400]  may have ordered the arrest before or some magistrate of the county where the arrest was
[01:11:55.400 --> 01:12:05.720]  made without an order or if necessary to more expeditiously to the person arrested,
[01:12:05.720 --> 01:12:12.520]  the warnings described in article 15.17 of this code before a magistrate in a county bordering
[01:12:12.520 --> 01:12:17.640]  the county in which the arrest was made, the magistrate shall immediately perform the duties
[01:12:17.640 --> 01:12:30.120]  prescribed in article 15.17 of this code. This last portion, referencing 15.17,
[01:12:32.840 --> 01:12:42.040]  this was added, I'm not sure when, at some time later. Chapter 15 goes to arrest on a warrant.
[01:12:42.040 --> 01:12:51.400]  So, based on that, 15.17 should only apply to arrest on a warrant. It requires the magistrate,
[01:12:51.400 --> 01:12:55.960]  it says the magistrate shall immediately perform the duties described in 15.17 and that's to read
[01:12:55.960 --> 01:13:04.920]  the person their rights. And the courts have read this to overturn 200 years of law, to say
[01:13:04.920 --> 01:13:11.720]  that now you don't have to do all any of this stuff in all of chapter 16, that this little addition
[01:13:11.720 --> 01:13:20.200]  to 14.06 has the effect of negating chapter 16, a whole chapter, that all you have to do now is
[01:13:20.200 --> 01:13:26.680]  read somebody their rights, you don't have to hold an examining trial. Well, when considering
[01:13:26.680 --> 01:13:32.840]  the lawfulness of a warrantless arrest for the purpose of jurisdiction, this particular argument
[01:13:32.840 --> 01:13:38.520]  will only consider the actions subsequent to arrest. The immediate issue addresses the duty
[01:13:38.520 --> 01:13:43.560]  of the arresting officer to take the accused before a magistrate to secure a jurisdiction such
[01:13:43.560 --> 01:13:50.840]  that the state may rightfully continue to restrict the relator at liberty. And in a habeas,
[01:13:50.840 --> 01:13:59.800]  the one filing the habeas is relator. Maximum protection, this is Gerstein Pugh.
[01:13:59.800 --> 01:14:08.440]  Gerstein Pugh is a federal case. Where is it at? Southern court. Maximum protection of individual
[01:14:08.440 --> 01:14:14.920]  rights could be assured by requiring a magistrate's review of the factual justification prior to any
[01:14:14.920 --> 01:14:22.920]  arrest. But such a requirement would constitute an intolerable handicap for legitimate law
[01:14:22.920 --> 01:14:29.720]  enforcement. Thus, while the court has expressed a preference for a warrantless arrest, the magistrate
[01:14:29.720 --> 01:14:36.920]  for the use of arrest warrants when feasible. Beckby, Ohio. It has never invalidated an arrest
[01:14:36.920 --> 01:14:43.720]  supported by probable cause solely because the officers failed to secure a warrant. C. Curvee,
[01:14:43.720 --> 01:14:52.200]  California. Under this practical compromise, a policeman's on-the-scene assessment of probable
[01:14:52.200 --> 01:14:59.480]  cause provides legal justification for arresting persons suspected of crime. And for a brief
[01:14:59.480 --> 01:15:07.640]  period of detention to take the administrative steps incident to arrest, once the suspect is
[01:15:07.640 --> 01:15:18.840]  in custody, however, the reasons that just a fuckspincing with the magistrate's neutral judgment
[01:15:18.840 --> 01:15:25.080]  evaporate. There no longer is any danger that the suspect will escape or commit further crimes while
[01:15:25.080 --> 01:15:31.720]  the police submit their evidence to a magistrate. And while the state's reason for taking some
[01:15:31.720 --> 01:15:39.000]  re-judgment action subside, the suspect's need for neutral determination of probable cause
[01:15:42.200 --> 01:15:49.560]  increases significantly. The consequences of prolonged detention may be more serious than
[01:15:49.560 --> 01:15:58.040]  the interference occasioned by arrest. Pre-trial confinement may imperil the subject's job,
[01:15:58.040 --> 01:16:06.920]  interrupt his source of income, and impair his family relationships. This is okay.
[01:16:08.760 --> 01:16:16.040]  Even pre-trial release may be accomplished accompanied by burdensome and burdensome
[01:16:16.040 --> 01:16:23.080]  conditions that affect a significant restraint of liberty. When the stakes are this high,
[01:16:23.880 --> 01:16:29.560]  the detachment of a neutral magistrate is essential if the Fourth Amendment is to
[01:16:29.560 --> 01:16:37.080]  furnish meaningful protection from unfounded interference with liberty. Accordingly, we hold
[01:16:37.080 --> 01:16:43.880]  that the Fourth Amendment requires a judicial determination of probable cause as a prerequisite
[01:16:43.880 --> 01:16:50.360]  to extended restraint of liberty following arrest. First, Dean Pugh, Southern Court. Hey,
[01:16:52.200 --> 01:16:58.360]  when someone is arrested in Texas, they always go to court.
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[01:18:50.360 --> 01:18:55.480]  seminar, get 10 entries into the contest. Check out the contest rules and details at
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[01:19:25.480 --> 01:19:36.920]  Okay, we are back. Randy Kelton, Rule of Law Radio. And we're talking about due process.
[01:19:37.720 --> 01:19:45.160]  Once the person's been arrested, the federal law requires an examining trial. We don't
[01:19:45.800 --> 01:19:54.520]  get examining trials at all in Texas after the inclusion of in the 1406 of this reference to
[01:19:54.520 --> 01:20:04.520]  1517. I know that can get confusing. But the law has been pretty consistent for a very long time.
[01:20:04.520 --> 01:20:11.320]  Let me move ahead. While certain to let it be expected in certain circumstances,
[01:20:12.200 --> 01:20:18.920]  simple failure to seek the authority and vision by Gerstein Pugh above may not be construed as a
[01:20:18.920 --> 01:20:27.800]  proximate cause of reasonable delay. The seminal case on the on this under Texas state law is
[01:20:27.800 --> 01:20:35.560]  Heath Boyd, Heath V Boyd. Heath V Boyd is kind of a fun case. Moreover, if Heath's arrest had been
[01:20:35.560 --> 01:20:45.480]  authorized, let me, okay, let me explain Heath. Heath is operating a road grader, which is a 1920,
[01:20:45.480 --> 01:20:53.720]  no fat here. This is 1920 something case. He's operating a road grader, cutting a road.
[01:20:54.760 --> 01:20:59.560]  And this guy come out and said, Hey, that's my property. You can cut that road there. And the
[01:20:59.560 --> 01:21:05.720]  guy said, well, my boss told me to cut this road. So I'm cutting the road. So the guy tells him,
[01:21:05.720 --> 01:21:09.480]  you the quick cut net road, I'll call a sheriff and have you arrested. You're going to have to
[01:21:09.480 --> 01:21:14.120]  call the sheriff because I'm not going to quit cutting the road. So he calls a sheriff. Sheriff
[01:21:14.120 --> 01:21:20.040]  comes out and tells him to quit cutting the road. He says, he's not going to quit cutting the road.
[01:21:20.040 --> 01:21:24.520]  So if you don't quit cutting the road, I'll arrest you. He said, well, you have to because if I quit
[01:21:24.520 --> 01:21:31.000]  cutting the road, the boss will fire me. So he arrested. He takes him from wherever the arrest
[01:21:31.000 --> 01:21:41.960]  was 26 miles to Corpus Christi and held him for 45 minutes. And the sheriff talked to the guy's boss
[01:21:41.960 --> 01:21:47.400]  and they worked something out and the sheriff told him he could go. He sued the sheriff for
[01:21:47.400 --> 01:21:54.440]  false imprisonment because there was a magistrate in a town, six miles away from where he was
[01:21:54.440 --> 01:22:02.680]  arrested. And the sheriff didn't take him to that magistrate. Okay. Moreover, if he's arrested,
[01:22:02.680 --> 01:22:10.360]  been authorized by the statutes, his subsequent detention as pleaded prove proved would make a
[01:22:10.360 --> 01:22:16.680]  case of false imprisonment against Boyd. The undisputed facts are that after his arrest,
[01:22:16.680 --> 01:22:22.280]  Heath rode with the sheriff to the former's car, which he then entered and drove several
[01:22:22.280 --> 01:22:29.960]  miles to the courthouse followed by board there. He was detained in Boyd's office from one hour,
[01:22:29.960 --> 01:22:38.600]  one to three hours while Boyd was speaking advice by telephone as to what to do in the face of a
[01:22:38.600 --> 01:22:46.200]  plain statutory command as to what must be done in all cases of arrest without warrant, without
[01:22:46.200 --> 01:22:53.400]  warrant. Article 217 CCB 1925 provides in each case enumerated in this chapter, the person making
[01:22:53.400 --> 01:22:58.680]  the arrest shall immediately take the person arrested before the magistrate of the county
[01:22:58.680 --> 01:23:03.400]  where the arrest was made without an order. Substantially the same requirement appears
[01:23:03.400 --> 01:23:15.560]  in article 325. Now, okay. Article 325 of the 1925 code. It's important in Texas to understand
[01:23:15.560 --> 01:23:29.880]  the 1925 code. The 1925 code is the code and no subsequent code can affect the substantive change
[01:23:29.880 --> 01:23:40.120]  of the 1925 code. And this is an argument we can make on 1406 above that added in 1517 to 1406
[01:23:40.760 --> 01:23:56.280]  made it violate, which one? I lost my place. Okay. Oh, I'm sorry. Made it violate the,
[01:23:56.280 --> 01:24:03.480]  it substantially changed the 1925 code, which they're not allowed to do. Presumably, presumably
[01:24:03.480 --> 01:24:11.320]  there wasn't magistrate in Mertizan, the county seat. Yet Boyd offers no reason why he did not
[01:24:11.320 --> 01:24:18.520]  take Heath before that official. Neither in his pleadings nor in his testimony does he suggest
[01:24:18.520 --> 01:24:23.800]  that a magistrate was not reasonably available. Although the arrest and detention all occurred
[01:24:23.800 --> 01:24:29.400]  between eight o'clock in the morning and noon, he had taken Heath to that official. He could have
[01:24:29.400 --> 01:24:34.520]  gotten the information and assistance he was seeking by telephone. He was under no obligation
[01:24:34.520 --> 01:24:43.160]  to seek advice or aid from Johnson. He was under a positive duty immediately to seek a magistrate.
[01:24:43.720 --> 01:24:50.760]  That such failure, unexcused makes a case of false imprisonment as a matter of law is held
[01:24:50.760 --> 01:24:58.200]  by all authorities. And I think the sheriff had to pay 500 bucks. The arresting officer in this
[01:24:58.200 --> 01:25:06.200]  case made no diligent effort to locate a magistrate. And this is what always happens in Texas and every
[01:25:06.200 --> 01:25:12.840]  other state I've looked at. If you're arrested, you're taken directly to jail. The next case,
[01:25:12.840 --> 01:25:17.720]  although the failure to take the plaintiff before a magistrate would have been excused
[01:25:17.720 --> 01:25:24.360]  if good grounds had existed for the belief that a magistrate was not available. Such was not the
[01:25:24.360 --> 01:25:35.960]  case since the relator's officers made, since the defendant's officers made no attempt to determine
[01:25:35.960 --> 01:25:43.080]  whether the magistrate was or would make himself available. Roberts V. Bohak. So
[01:25:43.080 --> 01:25:53.640]  so the only defense an officer will have against a complaint of false imprisonment for failure to
[01:25:53.640 --> 01:26:00.200]  time to take the magistrate is a showing of due diligence and effort to locate when every time
[01:26:00.200 --> 01:26:08.920]  I've been arrested. The first thing I did was requested from the arresting agency a list of
[01:26:08.920 --> 01:26:14.840]  all magistrates in the county and all of the magistrates in all surrounding counties
[01:26:17.160 --> 01:26:22.360]  or actually in all adjacent counties because that's what the statute says.
[01:26:22.360 --> 01:26:26.920]  The statute says you must take the person arrested before some magistrate of the county
[01:26:28.040 --> 01:26:35.320]  or some magistrate of an adjacent county. So I asked them for a list of all the magistrates.
[01:26:35.320 --> 01:26:42.520]  I always get the same answer. We don't keep such a list and we're not required to prepare one.
[01:26:44.040 --> 01:26:50.520]  Perfect. That's exactly what I need and that establishes that no due diligent effort was
[01:26:50.520 --> 01:26:57.560]  made to locate a magistrate under Roberts V. Bohak because they don't even know who the magistrates
[01:26:57.560 --> 01:27:05.560]  are. Okay. Irrespective of any other state, Texas has specific concerns concerning this requirement
[01:27:05.560 --> 01:27:10.200]  to take the accused before a magistrate. Not only must the arresting officer exhaust the available
[01:27:10.200 --> 01:27:16.040]  magistrates in the county, the consideration of the availability of the magistrate must be extended
[01:27:16.040 --> 01:27:23.800]  to include every surrounding county. See Texas Code of Criminal Procedure 14.06. Supra. Supra
[01:27:23.800 --> 01:27:33.640]  in case law means that it's been cited above. The record offers and this is
[01:27:35.640 --> 01:27:42.200]  United States v. Colon. The record offers as the government's only justification evidence
[01:27:42.200 --> 01:27:47.960]  that the magistrate who issued the warrants advised of his unavailability after the early
[01:27:47.960 --> 01:27:55.560]  evening of Friday, September the 8th, 1989. There are three other magistrates in the district.
[01:27:55.560 --> 01:28:01.560]  The record is bereft of any evidence as to their availability. Likewise, the record is
[01:28:01.560 --> 01:28:08.600]  bereft of any evidence as to the availability of any of the district judges. Absent evidence of
[01:28:08.600 --> 01:28:19.800]  other than the unavailability of the duty magistrate, the proprietary, that doesn't make
[01:28:19.800 --> 01:28:26.200]  sense. It's a proprietary of which is not here questioned. There is no basis to find that the
[01:28:26.200 --> 01:28:35.480]  delay of the entire period from the arrest to presentment was necessary to be sure it was a
[01:28:35.480 --> 01:28:41.480]  weekend. The court was closed, but those facts did not entitle the government to presume the
[01:28:42.440 --> 01:28:48.600]  absence of an obligation to try to arrange the appearance of an arrestee before one of the other
[01:28:48.600 --> 01:28:57.400]  possible judicial officers. The law requires, the law remains a force in life even outside
[01:28:57.400 --> 01:29:03.640]  usual business hours and all judicial officers have the obligation to respond to the needs of
[01:29:03.640 --> 01:29:10.760]  party as they are mandated by the law. Related to their relationship, non-judicial activities,
[01:29:10.760 --> 01:29:16.760]  all judicial officers stand ready to fulfill that obligation. Here, the government has not
[01:29:16.760 --> 01:29:22.920]  shown the unavailability of all the possible judicial officers. The obligation of complying
[01:29:22.920 --> 01:29:30.120]  with the law lies with the government, which thus has the burden of proving that an arrestee was
[01:29:30.120 --> 01:29:36.280]  brought before a judicial officer without unnecessary delay. It's proof of the unavailability of
[01:29:37.080 --> 01:29:43.560]  one judicial officer does not prove that the delay to the next regular business hour, some 60
[01:29:44.600 --> 01:29:52.360]  to 65 hours later, did not constitute unnecessary delay if it does not exhaust the
[01:29:52.360 --> 01:30:00.280]  break time. We'll be right back. Fishing is a wonderful pastime. It's a terrific way to bond
[01:30:00.280 --> 01:30:04.520]  with family and get in touch with nature, but there's a scary kind of fishing you'll want
[01:30:04.520 --> 01:30:10.840]  nothing to do with. I'm Dr. Catherine Albrecht and I'll tell you more in just a moment. Privacy is
[01:30:10.840 --> 01:30:15.720]  under attack. When you give up data about yourself, you'll never get it back again. And once your
[01:30:15.720 --> 01:30:22.280]  privacy is gone, you'll never get it back again. You'll never get it back again. And once your
[01:30:22.280 --> 01:30:27.640]  privacy is gone, you'll find your freedoms will start to vanish too. So protect your rights,
[01:30:27.640 --> 01:30:33.960]  say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[01:30:33.960 --> 01:30:38.760]  This public service announcement is brought to you by Startpage.com, the private search engine
[01:30:38.760 --> 01:30:46.840]  alternative to Google, Yahoo and Bing. Start over with Startpage. Fishing spelled with a PH isn't
[01:30:46.840 --> 01:30:52.200]  boarding. The goal is to reel in personal information and compromise your accounts. The PH in
[01:30:52.200 --> 01:30:57.720]  phishing stands for phony. Phishing scams involve impersonating legitimate organizations like banks
[01:30:57.720 --> 01:31:02.680]  and the bait is usually a phony email. A phishing email may ask for account information or provide
[01:31:02.680 --> 01:31:07.640]  a link to an official looking website, but don't fall for it. Never email your bank account number,
[01:31:07.640 --> 01:31:13.080]  your user ID or passwords. Legitimate companies won't ask you to. And it's best to enter a website
[01:31:13.080 --> 01:31:17.720]  address directly rather than clicking on an email link to check an account or make a purchase.
[01:31:17.720 --> 01:31:23.000]  Accidentally typing data into a phishing website could cost you thousands. I'm Dr. Catherine
[01:31:23.000 --> 01:31:26.200]  Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.520 --> 01:31:36.040]  This is building seven, a 47 story skyscraper that fell on the afternoon of September 11th.
[01:31:36.040 --> 01:31:41.560]  The government says that fire brought it down. However, 1500 architects and engineers concluded
[01:31:41.560 --> 01:31:46.040]  it was a controlled demolition. Over 6,000 of my fellow service members have given their lives.
[01:31:46.040 --> 01:31:50.200]  Thousands of my fellow first responders are dying. I'm not a conspiracy theorist. I'm a
[01:31:50.200 --> 01:31:54.760]  structural engineer. I'm a New York City correctional. I'm an air force pilot. I'm a father who lost his
[01:31:54.760 --> 01:32:01.080]  son. We're Americans and we deserve the truth. Go to rememberbuildingseven.org today. Hey,
[01:32:01.080 --> 01:32:05.240]  it's Danny here for Hill Country Home Improvements. Did your home receive hail or wind damage from the
[01:32:05.240 --> 01:32:09.720]  recent storms? Come on, we all know the government caused it with their chem trails, but good luck
[01:32:09.720 --> 01:32:13.560]  getting them to pay for it. Okay, I might be kidding about the chem trails, but I'm serious
[01:32:13.560 --> 01:32:17.640]  about your roof. That's why you have insurance and Hill Country Home Improvements can handle
[01:32:17.640 --> 01:32:23.080]  the claim for you with little to no out-of-pocket expense. And we accept Bitcoin as a multi-year
[01:32:23.080 --> 01:32:27.880]  A-plus member of the Better Business Bureau with zero complaints. You can trust Hill Country Home
[01:32:27.880 --> 01:32:36.040]  Improvements to handle your claim and your roof right the first time. Just call 512-992-8745
[01:32:36.040 --> 01:32:41.240]  or go to hillcountryhomeimprovements.com. Mention the crypto show and get $100 off and we'll donate
[01:32:41.240 --> 01:32:46.600]  another $100 to the Logos Radio Network to help continue this programming. So if those out of town
[01:32:46.600 --> 01:32:56.440]  roofers come knocking, your door should be locking. That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.440 --> 01:33:00.760]  Discounts are based on full roof replacement. May not actually be kidding about chem trails.
[01:33:00.760 --> 01:33:06.600]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:06.600 --> 01:33:32.680]  Okay, we are back. Randy Kelton, Google Radio. And there's one, we've got a couple of callers now.
[01:33:32.680 --> 01:33:40.360]  There was one more case that I wanted to read here. We've got some really nice cases in here.
[01:33:41.640 --> 01:33:46.840]  Merely being arrested is for most persons an awesome and frightening experience,
[01:33:46.840 --> 01:33:54.920]  an invasion of considerable proportion. Even routine traffic stops made by the state trooper
[01:33:54.920 --> 01:34:01.320]  can intrude on the privacy of the individual. A search may cause only annoyance and temporary
[01:34:01.320 --> 01:34:07.880]  inconvenience to the law-abiding citizens, assuming more seriously mentioned only when
[01:34:07.880 --> 01:34:15.800]  it turns up evidence of criminality. An arrest, however, is a serious intrusion regardless of
[01:34:15.800 --> 01:34:25.960]  whether the person sees is guilty or innocent. The invasion and disruption of a man's life
[01:34:25.960 --> 01:34:32.600]  and privacy, which stem from his arrest, are ordinarily far greater than the relatively minor
[01:34:32.600 --> 01:34:41.400]  inclusions attended in search of his premises. Okay, I've got a bunch more. I'm on page 18 of 47.
[01:34:42.280 --> 01:34:47.880]  So I have two callers and only got two segments left, so I'm going to have to stop on this one.
[01:34:47.880 --> 01:34:55.320]  I need to set aside time in another show to go through this whole document. This is primarily,
[01:34:55.320 --> 01:35:00.360]  while it's written for Texas law, primarily my citations are federal law,
[01:35:01.080 --> 01:35:07.720]  and the states all have to abide by these requirements. So from the look of this,
[01:35:07.720 --> 01:35:13.880]  we need to sue the state detectives for WICO. Okay, we're going to go to calls.
[01:35:13.880 --> 01:35:16.280]  We're going to go to Oliver in Tennessee. Hello, Oliver.
[01:35:17.320 --> 01:35:20.840]  How are you doing, sir? I hear you have a question for us.
[01:35:20.840 --> 01:35:27.080]  Yes, I have two questions. I've been listening to Eddie Crenshaw, that's how I know of you,
[01:35:27.080 --> 01:35:34.600]  and I've been using his techniques on the criminal side, but I've also, through that understanding,
[01:35:34.600 --> 01:35:41.240]  I've been learning about product property and other laws, and my thing that I have right now
[01:35:41.240 --> 01:35:49.640]  is with the codes department. I've had a fire recently, and now that person is saying that
[01:35:49.640 --> 01:35:54.600]  I have to demolish the home and get building and permits and all this stuff.
[01:35:56.280 --> 01:35:59.000]  Wait a minute, you have a what? Did you say a sign?
[01:35:59.960 --> 01:36:02.840]  A house fire. I just had a house fire recently.
[01:36:04.200 --> 01:36:07.000]  Oh, a house fire, okay. Yes, house fire.
[01:36:09.160 --> 01:36:12.760]  So now they're threatening to come in and knock down the rest of the building,
[01:36:12.760 --> 01:36:19.000]  saying that it's condemned, and it's a hazardous. Okay, hold on. How long has it been since you've
[01:36:19.000 --> 01:36:22.040]  had the fire? In September.
[01:36:24.040 --> 01:36:29.480]  Again, the city's already trying to condemn your property. Why does the city want your property?
[01:36:30.680 --> 01:36:37.880]  They don't want the property. They want to knock down the building or for me to knock down the
[01:36:37.880 --> 01:36:45.000]  building. Why do they want? No, no, no. This is too soon for the city to be stepping up again.
[01:36:45.000 --> 01:36:49.880]  Is your property in a location where the city might want to secure the property?
[01:36:51.160 --> 01:37:01.960]  No. The thing is, they were trying to enforce codes on me before the fire happened, and with
[01:37:01.960 --> 01:37:12.520]  the understanding of the law that I came to have, I told them no. I basically did not apply with
[01:37:12.520 --> 01:37:16.680]  whatever their ordinance was, and they were very upset about it. They tried to take me to court.
[01:37:16.680 --> 01:37:22.920]  I didn't go to court, nothing. Okay, okay, hold on. Is the building
[01:37:25.640 --> 01:37:28.840]  in danger of falling down? No.
[01:37:28.840 --> 01:37:35.880]  It's secure. Do you have windows or boarded up windows and doors on it?
[01:37:38.360 --> 01:37:41.880]  Wait a minute. You have to speak. I'm having trouble even
[01:37:42.680 --> 01:37:46.120]  when you speak. Did you say yes or no? No, sir.
[01:37:47.160 --> 01:37:54.760]  No, so that means okay. So it's not closed up where the kids can't get into it?
[01:37:54.760 --> 01:37:59.720]  No. Okay, that may be part of their problem.
[01:38:01.720 --> 01:38:08.040]  You need it closed up because it will stand as a hazard to the kids in the neighborhood,
[01:38:08.040 --> 01:38:15.000]  but did they come to you and notify you of what they wanted you to do and what
[01:38:15.640 --> 01:38:19.560]  the law was that authorized them to make the claims?
[01:38:19.560 --> 01:38:24.120]  Yes, sir. How much time did they give you?
[01:38:29.240 --> 01:38:32.440]  I think it was like 30 days or something like that.
[01:38:33.960 --> 01:38:36.600]  What did they require you to do in those 30 days?
[01:38:37.560 --> 01:38:41.560]  They wanted me to demolish the standing structure.
[01:38:41.560 --> 01:38:45.480]  Okay, so they have already condemned the property?
[01:38:45.480 --> 01:38:52.040]  Yes, they have. Okay, was there a condemnation hearing?
[01:38:54.040 --> 01:39:00.040]  No, not that I was aware of. They didn't condemn the whole property, just the building.
[01:39:02.600 --> 01:39:06.760]  What they're saying is they're concerned about the building and where I guess the
[01:39:06.760 --> 01:39:11.640]  stand that I was standing on was this property. It sounds like what they're trying to do is
[01:39:11.640 --> 01:39:15.240]  prevent you from repairing the building. Do you intend to repair the building?
[01:39:15.800 --> 01:39:19.240]  Yes. Okay, did you have insurance on the building?
[01:39:19.880 --> 01:39:27.080]  No, not at the time, but I know. Can you show that you have funds to repair
[01:39:27.080 --> 01:39:32.120]  the building or you can secure funds to repair? Yes.
[01:39:34.200 --> 01:39:41.240]  Then petition to court for restraining order. Taxes cost 15 bucks to apply for restraining
[01:39:41.240 --> 01:39:47.560]  order. Against who? Against the city. The ones who are trying to
[01:39:47.560 --> 01:39:51.800]  get you to force you to tear your building down. All right, cool.
[01:39:53.960 --> 01:40:01.400]  If they condemned your property without a condemnation hearing, or even if they had
[01:40:01.400 --> 01:40:07.720]  one and didn't give you notice, then you move to have the condemnation hearing reversed
[01:40:07.720 --> 01:40:14.520]  and move for a restraining order to prevent them from interfering with your property until
[01:40:14.520 --> 01:40:21.240]  you have time to bring it up to code. At least that's the way I do it.
[01:40:21.240 --> 01:40:28.360]  Restraining order is not that terribly difficult. Okay, so even though I'm in a problem,
[01:40:28.360 --> 01:40:34.920]  I have property and I'm in the city, I still have to follow codes. I still have to abide by them.
[01:40:34.920 --> 01:40:41.320]  Oh yeah, if you have a property in the city, you'll have to follow code.
[01:40:42.760 --> 01:40:45.960]  I know there are guys who say, well, you're not under contract.
[01:40:47.000 --> 01:40:50.680]  They had to prove that you entered into a contract with them, horse manure.
[01:40:50.680 --> 01:40:53.800]  While you're trying to do that, they'll tear your house down.
[01:40:54.360 --> 01:40:59.320]  So I wouldn't suggest that you take on any arcane first blush issues.
[01:40:59.320 --> 01:41:04.520]  Okay. If they've already condemned your property, you have to get the condemnation overturned.
[01:41:05.320 --> 01:41:11.080]  And if they had a condemnation hearing and you weren't noticed, unless there's some peculiar
[01:41:12.200 --> 01:41:18.040]  statutes in Tennessee, I know Tennessee is full of hillbillies and you know how hillbillies are.
[01:41:19.640 --> 01:41:25.560]  I know how hillbillies are because I'm from Tennessee. I'm just teasing there,
[01:41:25.560 --> 01:41:32.520]  but you need to make sure there's not some specific statutory authorization to condemn
[01:41:33.080 --> 01:41:40.920]  without a public hearing in certain circumstances. If there's not, then you had a right.
[01:41:40.920 --> 01:41:44.120]  State of the thing is, even if I do go by their rules,
[01:41:44.920 --> 01:41:50.520]  it still doesn't meet the qualifications to be torn out. I have a fire report that says that
[01:41:50.520 --> 01:41:57.320]  how much of the house, the percentage is burned. Okay. Now that changes things.
[01:41:57.320 --> 01:42:00.120]  Right. It doesn't even meet. I wasn't trying to-
[01:42:00.120 --> 01:42:03.800]  Okay. Hold on, hold on. Have you read the penal code for the state of Tennessee?
[01:42:03.800 --> 01:42:07.800]  The penal code. Yeah.
[01:42:07.800 --> 01:42:15.560]  Penal code? Yeah. You have a penal code for Tennessee.
[01:42:15.560 --> 01:42:18.840]  Penal code, yeah. It has.
[01:42:18.840 --> 01:42:22.120]  Penal code, yeah. It has the criminal laws in it.
[01:42:23.800 --> 01:42:26.840]  Okay. One of which is going to be a law that
[01:42:26.840 --> 01:42:36.120]  reflects 18 U.S. Code 242. Every state has a statute that essentially says that if a public
[01:42:36.120 --> 01:42:42.440]  official exerts or purports to exert an authority he doesn't expressly have in the process,
[01:42:42.440 --> 01:42:47.000]  denies a citizen the full and free access to enjoyment of right, that's a crime.
[01:42:47.000 --> 01:42:53.080]  It's a class A misdemeanor in Texas. Next thing to a felony. Same with Fed,
[01:42:53.080 --> 01:43:00.760]  it's probably the same in Tennessee. So if you need to look at whatever reports were given
[01:43:02.120 --> 01:43:08.680]  presented to the city by code enforcement to authorize or to propose condemnation,
[01:43:08.680 --> 01:43:19.000]  if the report has statements in it concerning the building that are not true,
[01:43:19.960 --> 01:43:23.480]  and if the building does not meet the requirements for condemnation,
[01:43:24.440 --> 01:43:27.480]  their documents are going to have to have statements in it that are not true.
[01:43:29.960 --> 01:43:33.560]  That's tampering with the government document and that's a felony in every state.
[01:43:33.560 --> 01:43:43.640]  So you go after whoever did that as a felony, and then you move to strike his document based on the
[01:43:45.640 --> 01:43:52.520]  I'll think of the term. Trespass Sabinish, Joe, I'll speak to that when we come back from break.
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[01:46:06.680 --> 01:46:32.120]  Okay, we are back. Brandon Shelton with Radio. Oliver, you apparently haven't listened to our
[01:46:32.120 --> 01:46:37.480]  show very much, so you probably aren't really aware of the approach we take.
[01:46:38.520 --> 01:46:47.080]  Okay. And our approach is that all of these guys who work for code enforcement,
[01:46:47.080 --> 01:46:54.280]  they are public servants. Yeah. You, you are the master of the servants.
[01:46:54.280 --> 01:47:04.600]  So, when I authorize my public servants to perform a function, I set for them specific guidelines.
[01:47:04.600 --> 01:47:09.320]  And one of the guidelines is always that they must act in accordance with all law.
[01:47:11.320 --> 01:47:18.200]  We do not authorize our public officials to violate our laws. So, if a public official
[01:47:18.200 --> 01:47:25.800]  placed on a document, a statement that your property, requirements for condemnation,
[01:47:26.680 --> 01:47:32.440]  what your property did not meet the requirements for condemnation, that is tampering with a
[01:47:32.440 --> 01:47:39.080]  government document. Now, it's a felony in most every state. While you have the option of suing
[01:47:39.080 --> 01:47:45.160]  him, suing and filing criminal charges have nothing to do with each other.
[01:47:45.160 --> 01:47:50.760]  What the public officials will want you to think is, is that if you sue them,
[01:47:50.760 --> 01:47:58.600]  you can't file criminal charges. Horace Manure. If you have knowledge that a crime has been
[01:47:58.600 --> 01:48:03.560]  committed, you have a duty to report that crime. It doesn't matter whether you sue him or not.
[01:48:04.440 --> 01:48:12.360]  So, these guys are coming after you. This is a good time to introduce them to the D.A.
[01:48:12.360 --> 01:48:16.200]  This is a good time to introduce them to the deep end of the pool.
[01:48:17.880 --> 01:48:24.760]  Well, I heard a few of your shows. When I went, they actually called me down to City Hall to
[01:48:24.760 --> 01:48:29.960]  have a meeting with the city attorney and the co-director and a few of their employees.
[01:48:30.520 --> 01:48:37.400]  And I actually got them on tape lying, saying that because, are they allowed to come on my
[01:48:37.400 --> 01:48:43.240]  property and take pictures of my backyard? I have a tiny house in the back. They got
[01:48:43.240 --> 01:48:49.960]  pictures of my tiny house. Wait a minute. They have restricted your access to your property?
[01:48:51.160 --> 01:48:58.360]  No, they didn't restrict it. But they came on there and took pictures of all over on my property.
[01:48:59.640 --> 01:49:02.440]  Did they have a warrant when they came onto the property?
[01:49:02.440 --> 01:49:06.760]  No, they didn't. They didn't have no warrant, no anything.
[01:49:06.760 --> 01:49:11.480]  I got people that claim that that is an illegal taking.
[01:49:12.840 --> 01:49:18.920]  Yeah, I know that. I know that. I was trying to figure out how to sue them. I was trying to
[01:49:18.920 --> 01:49:25.320]  look at it. Okay, I'm going to suggest too soon to sue directly. If you sue for anything,
[01:49:25.320 --> 01:49:32.600]  sue for restraining order. Sue for restraining order, then ask for pre-litigation discovery.
[01:49:34.520 --> 01:49:43.080]  First, you get them stopped. And if you plan to repair the property anyway,
[01:49:44.840 --> 01:49:47.960]  you sue for the restraining order to give you time to fix the property.
[01:49:47.960 --> 01:49:56.440]  And then while you're working on the property, then you start hitting these guys with open
[01:49:56.440 --> 01:50:00.760]  records requests first. Open records?
[01:50:00.760 --> 01:50:07.000]  Because they're easier. And if they give you any crap on the open records, then you go back with
[01:50:07.000 --> 01:50:16.040]  discovery. Okay, here's how it works in a lawsuit. If you file suit against the city,
[01:50:16.040 --> 01:50:18.600]  you're going to lose. Okay.
[01:50:18.600 --> 01:50:26.600]  And it may not be nice, but in the real world you and I live in, that's how it works. Courts are
[01:50:26.600 --> 01:50:33.640]  corrupt. They're absolutely corrupt. And if you're a pro se or a little guy against the city or
[01:50:34.520 --> 01:50:37.480]  deep pockets, they're going to rule against you out of hand at every turn.
[01:50:39.480 --> 01:50:43.960]  You'll never win your case simply because you have the law and the facts on your side. So you think
[01:50:43.960 --> 01:50:53.720]  so is naive. It's not that way now. Never has been that way. Now they want you to think it's that way
[01:50:53.720 --> 01:51:00.120]  because they don't want you to know how it really works. The way it really works is, is you will
[01:51:00.120 --> 01:51:10.520]  only win your case if you have the politics on your side and all politics is local and all politics
[01:51:10.520 --> 01:51:20.200]  and all politics is money driven. These are the rules we need to work from when we're looking at
[01:51:20.200 --> 01:51:31.240]  filing suit against, especially public officials. Whatever claim you make, they're going to have to
[01:51:31.240 --> 01:51:36.600]  fight the claim and in order to fight the claim, they're going to have to hire lawyers.
[01:51:36.600 --> 01:51:45.800]  And, you know, you think that you go to court or the pro se and you're at a terrible disadvantage.
[01:51:47.080 --> 01:51:51.880]  Well, maybe, but you also have a terrible advantage.
[01:51:54.840 --> 01:52:03.000]  If a lawyer files anything you don't like or anything wherein they make a statement that's
[01:52:03.000 --> 01:52:12.280]  not accurate, if they quote, quote law improperly, if they threaten you in any way,
[01:52:13.480 --> 01:52:15.240]  you file a bar grievance against them.
[01:52:18.600 --> 01:52:25.400]  Pro se litigants have powers and abilities far beyond those of mortal lawyers.
[01:52:25.400 --> 01:52:31.560]  You can file a judicial conduct complaint against the judge with impunity.
[01:52:33.400 --> 01:52:38.360]  He's going to rule against you anyway. If he's honest, he won't rule against you.
[01:52:38.360 --> 01:52:43.400]  Even if you file a complaint against him, if he's not honest, he's going to rule against you no
[01:52:43.400 --> 01:52:52.760]  matter what you do. But as to politics, you can do things they can't. Lawyers will never
[01:52:52.760 --> 01:53:00.600]  file against the judge, but you can. You can get the judge so furious that he'll go to those lawyers
[01:53:00.600 --> 01:53:07.880]  and tell them you get this guy off my case or I'm going to screw you big time. He can't say a thing
[01:53:07.880 --> 01:53:16.280]  to you because he's forbidden to. You bar grieve the lawyers, you'll double the malpractice insurance,
[01:53:16.280 --> 01:53:21.720]  and they can't say a word to you about it. They say one word to you, you file a grievance against
[01:53:21.720 --> 01:53:28.840]  him for that. You become the pro se from hell. The only way you're going to win the case
[01:53:29.640 --> 01:53:35.320]  is to make it here. How do I learn to, like, how do I learn, where do I begin to,
[01:53:36.200 --> 01:53:41.080]  where do I begin to look, to learn the processes? I understand everything you're saying.
[01:53:41.080 --> 01:53:48.440]  I understand how to, um, understand this law. Okay, how do I learn how to do it? Okay,
[01:53:48.440 --> 01:53:57.640]  call some lawyers and ask them, what is the best litigation guide for the state of Tennessee?
[01:53:58.600 --> 01:54:07.560]  Litigation. Litigation guides. Now you really don't think these lawyers know all this stuff,
[01:54:07.560 --> 01:54:15.720]  do you? No. Yeah, you don't know squat. I haven't found a single lawyer who's even read our state
[01:54:15.720 --> 01:54:23.080]  penal code. They don't know squat. They got litigation guides. They don't make up these,
[01:54:23.080 --> 01:54:27.160]  these motions and pleadings. They go pull them out of the litigation guides.
[01:54:29.240 --> 01:54:36.680]  And I, I counsel all pro se's, do not write your pleadings from scratch.
[01:54:36.680 --> 01:54:45.240]  Go find a litigation guide and you can get them. Lawyers, they want the newest guides. Okay. So
[01:54:45.240 --> 01:54:50.920]  every year or every other year when a new one comes out, they go buy it. And they wind up with
[01:54:50.920 --> 01:54:59.640]  these old ones hanging around the office. I had a woman in Amarillo, Texas. She was looking for
[01:54:59.640 --> 01:55:03.320]  litigation guides. I told her a couple of law firms, tell them that you got to get them.
[01:55:03.320 --> 01:55:08.120]  Your kids, you're, you're homeschooling your kids and you want to give them a course in law.
[01:55:08.120 --> 01:55:15.480]  Do you have any old litigation guides laying around? The second law office she calls said,
[01:55:16.040 --> 01:55:25.480]  do you have a station wagon or a pickup truck? So these are books that cost, you know, three,
[01:55:25.480 --> 01:55:30.360]  four hundred bucks a piece. But once the new one comes out, they trash the old ones.
[01:55:30.360 --> 01:55:33.960]  They want to use the latest law. You're a pro se, you don't care.
[01:55:35.400 --> 01:55:41.400]  So you've got this seminal case law. This is the law that set the precedent.
[01:55:41.400 --> 01:55:48.600]  And then a year later, this other case relied on that. So now the lawyers want to cite the
[01:55:48.600 --> 01:55:55.640]  other case because it's the latest. You don't care. You, you cite the seminal law. You don't care.
[01:55:55.640 --> 01:56:00.440]  It doesn't make any difference. It's just the lawyers, they have to show the judge.
[01:56:00.440 --> 01:56:05.240]  They're up to date on law. So they have to have these new ones haul around a couple of lawyers,
[01:56:05.240 --> 01:56:10.280]  find out what the best litigation guides are and ask them if they got the old ones laying around.
[01:56:10.280 --> 01:56:17.800]  You want to do, you're just studying. You want to learn law and find a civil practice guide.
[01:56:17.800 --> 01:56:25.000]  You're going to have a criminal practice in a civil practice and ask them if they have causes of action.
[01:56:26.600 --> 01:56:30.360]  Just talk to a lawyer about the litigation guides. Ask them what they got available.
[01:56:30.360 --> 01:56:34.760]  See if you got some old ones. You get them. They'll tell you how to do all of this.
[01:56:36.360 --> 01:56:39.560]  Most of them have fill in the blank forms.
[01:56:39.560 --> 01:56:45.240]  A little story about that friend of mine, Ken Magnuson. He's my civil go-to guy. He's in an
[01:56:45.240 --> 01:56:51.320]  eviction hearing. He needs a temporary restraining order. He writes one, gives it to me. I look it
[01:56:51.320 --> 01:56:55.480]  over. He said, what do you think? It's a bunch of crap, Ken. He said, do you think you'd do better?
[01:56:55.480 --> 01:57:00.520]  He said, don't write a can. I'll write him up one, give it to him, take it to the court. He wins his
[01:57:00.520 --> 01:57:04.920]  temporary restraining order. He says, I don't want to do this. I don't want to do this. I don't want
[01:57:04.920 --> 01:57:10.040]  him up one, give it to him, take it to the court. He wins his temporary restraining order.
[01:57:10.040 --> 01:57:13.960]  He comes out. The lawyer looked at it and he said, are you a lawyer? Ken said, no, I'm not.
[01:57:15.240 --> 01:57:20.760]  But my brother is. He said, did you write this? He said, I had some help. The lawyer said,
[01:57:20.760 --> 01:57:29.560]  this is really good. Ken told me that. What I didn't tell Ken is I took that right out of
[01:57:29.560 --> 01:57:38.840]  the litigation and filled in the blanks. Here's the important part. The judge got it and he looked
[01:57:38.840 --> 01:57:48.760]  at it and he had seen this exact same form 500 times. So he knew exactly where to look. He knew
[01:57:48.760 --> 01:57:54.760]  what all the case law was. Boom, piece of cake. If I had that thing from scratch, the judge would
[01:57:54.760 --> 01:58:00.680]  never have read it and would just have denied it. But since it looked like what all the other lawyers
[01:58:00.680 --> 01:58:07.720]  wrote, he signed it without even thinking about it. Do not write your own pleadings. You don't have
[01:58:07.720 --> 01:58:15.720]  to learn all this law. Get a litigation guide. Look up what you're doing. They'll have everything
[01:58:15.720 --> 01:58:25.800]  you need right in there. Okay. Sorry. Okay. We had another caller from Arizona, but he realized
[01:58:25.800 --> 01:58:30.520]  we weren't going to get to him. Sorry about we didn't get to you. We are out of time.
[01:58:31.400 --> 01:58:37.560]  This is keep us up to date on what goes on here. This is Randy Kelton, Wheelbar Radio.
[01:58:38.440 --> 01:58:44.680]  We'll be back next Thursday, eight to seven, eight to 10, back next Friday, eight to midnight. Thank
[01:58:44.680 --> 01:58:53.800]  you all for listening and good night. Bibles for America is offering absolutely free,
[01:58:53.800 --> 01:58:59.080]  a unique study Bible called the New Testament recovery version. The New Testament recovery
[01:58:59.080 --> 01:59:05.320]  version has over 9,000 footnotes that explain what the Bible says verse by verse, helping you
[01:59:05.320 --> 01:59:11.720]  to know God and to know the meaning of life. Order your free copy today from Bibles for America.
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