ROL_2016-03-24_16k.timecode
[00:00.000 --> 00:05.640] The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[00:05.640 --> 00:13.360] bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.360 --> 00:21.240] into the tides of the alternative.
[00:21.240 --> 00:25.720] Markets for Wednesday, March 23rd, 2016 are currently trending with gold at $1,223.93
[00:25.720 --> 00:34.080] an ounce, silver at $15.28 an ounce, Texas crude at $41.45 a barrel, and Bitcoin is currently
[00:34.080 --> 00:43.040] sitting at about $417 U.S. currency.
[00:43.040 --> 00:49.240] Today in history, the year 1775, Patrick Henry proclaims, give me liberty or give me death,
[00:49.240 --> 00:53.720] in a speech in favor of the Virginian troops joining the U.S. Revolutionary War.
[00:53.720 --> 00:58.180] The infamous slogan of American rebels, give me liberty or give me death, was first said
[00:58.180 --> 01:03.880] today in history.
[01:03.880 --> 01:08.320] In recent news, an independent panel investigating the Flint water crisis blamed Governor Rick
[01:08.320 --> 01:12.840] Snyder's office directly, concluding that incompetent state employees in charge of supervising
[01:12.840 --> 01:17.520] water quality, including state-appointed emergency managers, ignored a list of growing problems
[01:17.520 --> 01:21.640] with the city water supply and negligently ignored signs of lead contamination.
[01:21.640 --> 01:26.360] The 116-page report had blamed for every level of government from local Flint officials to
[01:26.360 --> 01:30.640] the Federal Environmental Protection Agency, but blamed the Michigan Department of Environmental
[01:30.640 --> 01:35.400] Quality, the state agency responsible for monitoring Flint's water supply, as primarily
[01:35.400 --> 01:38.360] responsible for the water contamination in Flint.
[01:38.360 --> 01:42.680] The report said that the Flint water crisis is a story of government failure, intransigence,
[01:42.680 --> 01:51.280] unpreparedness, delay in action, and environmental injustice.
[01:51.280 --> 01:55.120] Turkey's President Recep Tayyip Erdogan said today that Belgian law enforcement and
[01:55.120 --> 01:59.080] anti-terror departments ignored warnings last June that one of the brothers suspected of
[01:59.080 --> 02:03.040] blowing himself up in the terror attacks there on Tuesday was a terrorist.
[02:03.040 --> 02:08.200] Ibrahim El-Bakroi, suspected of being the bomber who blew himself up at the Zabintem
[02:08.200 --> 02:12.840] airport killing at least 11, was stopped crossing into Turkey from Syria nine months ago when
[02:12.840 --> 02:17.080] Turkish officials said that they apparently told anti-terror agencies in Brussels of his
[02:17.080 --> 02:21.000] involvement with ISIS, the group who claimed responsibility in Tuesday's attacks.
[02:21.000 --> 02:25.280] A Turkish official stated Dutch authorities allowed Bakroi to go free because they were
[02:25.280 --> 02:28.240] unable to establish any ties to terrorism or ISIS.
[02:28.240 --> 02:31.780] The Israeli newspaper Haaretz reported today that Belgian security services, as well as
[02:31.780 --> 02:36.840] other Western intelligence agencies, had advanced in precise intelligence of the pending terror
[02:36.840 --> 02:38.600] attacks prior to them.
[02:38.600 --> 02:42.240] The newspaper said government agencies had specific warning that the attacks were coming
[02:42.240 --> 02:46.780] soon and would take place at the airport and in the subway system, though it is not clear
[02:46.780 --> 02:53.360] how exactly said agencies were warned of the attacks in advance.
[02:53.360 --> 03:21.920] This was Rick Roady with your Lowdown for March 23rd, 2016.
[03:24.360 --> 03:32.360] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:32.360 --> 03:37.360] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:37.360 --> 03:43.360] When you were eight and you had bad traits, you'd go to school and learn the golden rule.
[03:43.360 --> 03:46.360] So why are you acting like a bloody fool?
[03:46.360 --> 03:48.360] If you get hot, then you must get cool.
[03:48.360 --> 03:53.360] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:53.360 --> 03:59.360] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:59.360 --> 04:02.360] You chalk it on that one, you chalk it on this one.
[04:02.360 --> 04:05.360] You chalk it on your mother and you chalk it on your father.
[04:05.360 --> 04:07.360] You chalk it on your brother and you chalk it on your sister.
[04:07.360 --> 04:10.360] You chalk it on that one and you chalk it on me!
[04:10.360 --> 04:15.360] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[04:15.360 --> 04:20.320] Okay, howdy, howdy, this is Randy Kelton, Debra Stevens,
[04:20.320 --> 04:23.320] Rule of Law Radio on this Thursday,
[04:23.320 --> 04:27.540] the 24th day of March, 2016.
[04:29.000 --> 04:31.080] And I'm gonna turn the phones on,
[04:31.080 --> 04:32.920] we'll keep having them on all night.
[04:32.920 --> 04:36.280] I have a couple people I was hoping would call in early.
[04:38.240 --> 04:42.840] Phone lines are on, 512-646-1984.
[04:42.840 --> 04:47.840] And I want to start out with a little good news.
[04:50.120 --> 04:54.680] We have been working up here in the Dallas-Fort Worth area
[04:54.680 --> 04:58.520] to get the access to the grand jury wide open.
[05:00.400 --> 05:03.080] I just had a very interesting meeting
[05:03.080 --> 05:06.000] with my local prosecuting attorney.
[05:07.340 --> 05:09.840] Takes a little background
[05:09.840 --> 05:13.900] to understand what's going on here.
[05:13.900 --> 05:16.000] A year ago in January,
[05:17.040 --> 05:20.720] I went to the hearing
[05:20.720 --> 05:23.960] where the district judge was
[05:25.640 --> 05:27.640] in paneling a grand jury.
[05:27.640 --> 05:32.480] Prior to going there, I gave notice to the district court
[05:32.480 --> 05:34.560] and to the district attorney
[05:34.560 --> 05:37.260] that I would be appearing for the purpose
[05:37.260 --> 05:39.580] of challenging the grand jury pool.
[05:40.920 --> 05:45.920] Under Texas Code of Criminal Procedure 19.27,
[05:48.200 --> 05:51.920] anyone can challenge the grand jury pool.
[05:53.720 --> 05:58.720] And in doing that, and the thing about it is,
[06:00.740 --> 06:02.480] I tripped over my tongue,
[06:02.480 --> 06:05.080] anyone can challenge the grand jury pool.
[06:05.080 --> 06:09.200] Prior to impaneling of the grand jury,
[06:09.200 --> 06:12.920] well, this particular district judge happens to hate me.
[06:14.640 --> 06:15.960] The other district judge,
[06:15.960 --> 06:18.440] the county judge doesn't like me,
[06:18.440 --> 06:20.480] but he doesn't hate me.
[06:20.480 --> 06:22.680] This judge hates me.
[06:22.680 --> 06:26.700] So, after he impaneled the grand jury,
[06:26.700 --> 06:31.700] I asked him to reconvene the grand jury pool,
[06:31.700 --> 06:36.700] disband the grand jury that he had selected,
[06:37.760 --> 06:40.740] and give me opportunity to challenge the pool.
[06:42.580 --> 06:44.400] Well, he got a little halfy,
[06:44.400 --> 06:47.320] and at one point threatened to have me arrested.
[06:47.320 --> 06:50.760] And a bailiff come over and put his hand on my arm.
[06:50.760 --> 06:55.760] So, a bailiff, while prominently displaying a deadly weapon,
[06:56.200 --> 06:59.060] committed an offensive touching,
[06:59.060 --> 07:03.020] while prominently displaying a deadly weapon,
[07:04.600 --> 07:08.540] in a manner of which was intended to be threatening,
[07:11.320 --> 07:13.940] while acting under the color or pretense
[07:13.940 --> 07:16.020] of an official capacity.
[07:16.020 --> 07:17.580] At the direction of the district judge,
[07:17.580 --> 07:19.340] I considered that according to code,
[07:19.340 --> 07:22.860] an act of first degree felony aggravated assault.
[07:24.660 --> 07:27.080] Well, I'm sure they didn't consider it that way,
[07:27.080 --> 07:28.580] but that's okay.
[07:28.580 --> 07:31.980] So, I went to the Texas Rangers,
[07:31.980 --> 07:36.980] because Texas Rangers were put in place last year
[07:39.740 --> 07:43.980] to take the place of the public integrity unit
[07:43.980 --> 07:46.480] for the district attorney's office.
[07:47.420 --> 07:50.900] I know Tarrant County had one, Dallas County,
[07:50.900 --> 07:54.400] all of the bigger jurisdictions
[07:54.400 --> 07:56.100] had a public integrity unit.
[07:56.100 --> 08:00.960] And I had argued that a public integrity unit
[08:00.960 --> 08:04.480] by the part of a district attorney was a conspiracy
[08:04.480 --> 08:08.320] to breach Article 2.03 Code of Criminal Procedure.
[08:08.320 --> 08:11.080] 2.03 directs prosecuting attorney.
[08:11.080 --> 08:13.160] When he's made known that a crime has been committed
[08:13.160 --> 08:14.480] by a public official,
[08:14.480 --> 08:18.320] he must reduce the complaint to an information
[08:18.320 --> 08:19.640] and submit it to the grand jury.
[08:19.640 --> 08:24.180] Takes away is any discretion that he may have.
[08:24.180 --> 08:29.180] So, when the Texas Rangers were put in place,
[08:30.220 --> 08:32.540] they were directed by statute
[08:32.540 --> 08:37.540] to develop a set of protocols by September of last year.
[08:39.100 --> 08:40.740] And they did that.
[08:40.740 --> 08:44.460] And the protocols required the Texas Ranger
[08:45.380 --> 08:48.740] to request permission from the prosecuting attorney
[08:48.740 --> 08:51.220] before investigating a public official.
[08:51.220 --> 08:56.220] That was problematic because prior to this,
[08:59.460 --> 09:03.340] Texas Rangers could not investigate a public official.
[09:03.340 --> 09:04.740] Neither could they take a complaint
[09:04.740 --> 09:08.420] against a public official without the express permission
[09:08.420 --> 09:11.900] of the director of the Department of Public Safety himself.
[09:11.900 --> 09:16.180] It rendered everything concerning public officials
[09:16.180 --> 09:17.480] purely political.
[09:17.480 --> 09:20.920] The legislature passed legislation
[09:20.920 --> 09:23.240] to eliminate that nonsense.
[09:24.560 --> 09:29.560] But the higher-ups in the Department of Public Safety
[09:30.200 --> 09:35.200] established protocols that reestablished the status quo.
[09:36.520 --> 09:41.520] So, my position was that a Texas Ranger,
[09:41.920 --> 09:46.920] if he deals with the prosecuting attorney
[09:46.920 --> 09:48.480] and the statute requires him
[09:48.480 --> 09:50.920] to work with the prosecuting attorney,
[09:50.920 --> 09:55.320] if he asks the prosecuting attorney
[09:55.320 --> 10:00.320] to exercise discretion as to investigating a public official,
[10:01.960 --> 10:06.800] that's a conspiracy to breach Article 2.03.
[10:08.280 --> 10:12.800] And I needed that question brought to the courts.
[10:12.800 --> 10:14.800] So, I gave a criminal complaint
[10:14.800 --> 10:17.520] to the Texas Ranger against the district judge.
[10:18.960 --> 10:21.200] And he did exactly what he said he would do
[10:21.200 --> 10:22.760] and gave it to the prosecuting attorney.
[10:22.760 --> 10:24.680] The prosecuting attorney took no action
[10:24.680 --> 10:28.600] because I already talked to the prosecuting attorney about it
[10:28.600 --> 10:30.680] and gave him my concern
[10:30.680 --> 10:35.380] and indicated what I was prepared to do.
[10:35.380 --> 10:37.840] And we had a meeting this last week
[10:37.840 --> 10:40.980] and I indicated to him that there were some fights
[10:40.980 --> 10:44.720] I wanted to have and one of which was discretion.
[10:44.720 --> 10:47.320] He said he believed that he had discretion.
[10:47.320 --> 10:50.200] I said, I understand that and I believe that you don't.
[10:50.200 --> 10:55.200] That's a fight I want to have, but not with you.
[10:55.200 --> 10:56.640] I'll take that fight on elsewhere.
[10:56.640 --> 10:59.860] There's about a half a dozen fights in here I could have,
[10:59.860 --> 11:01.960] but I wanna avoid all those.
[11:01.960 --> 11:05.240] So, rather than me engage you in this process,
[11:05.240 --> 11:06.840] I'm gonna make an offer.
[11:06.840 --> 11:10.240] I'll come down and take my complaints
[11:10.240 --> 11:15.240] and give them to the bailiff with instructions
[11:15.540 --> 11:18.680] to take my complaints and give notice
[11:18.680 --> 11:20.280] to the foreman of the grand jury
[11:20.280 --> 11:22.560] that I have these complaints.
[11:22.560 --> 11:27.560] And I'll hand him a stack of 12 folders,
[11:27.560 --> 11:31.840] actually 13 folders, with instructions
[11:31.840 --> 11:34.960] that he give them to the foreman of the grand jury.
[11:34.960 --> 11:37.920] There's a 13th folder for him to look at
[11:37.920 --> 11:42.480] to make sure that there's not a fatal error
[11:42.480 --> 11:47.400] in my presentation to make sure that it is sufficient
[11:47.400 --> 11:49.520] for presenting to the grand jury,
[11:50.560 --> 11:54.820] but not for the purpose of discretion,
[11:54.820 --> 11:58.280] deciding whether or not he wants to submit it.
[11:58.280 --> 12:00.380] And he got that and he agreed to that.
[12:00.380 --> 12:05.380] So, kind of got the, he will, I requested
[12:05.380 --> 12:09.160] that he instruct the bailiff not to do anything stupid,
[12:10.180 --> 12:11.740] but this is what I was gonna do
[12:11.740 --> 12:15.640] and I wanted to make sure that the bailiff understood this
[12:15.640 --> 12:18.700] and didn't try to exercise some discretion of his own.
[12:18.700 --> 12:22.180] And he said he would instruct the bailiff.
[12:22.180 --> 12:24.620] So, we got the door open to the grand jury here
[12:24.620 --> 12:29.620] in Wise County as well as Tarrant County.
[12:29.660 --> 12:33.740] And the next one I'll be going after is Dallas County.
[12:33.740 --> 12:37.380] So, from this perspective, we did really good.
[12:37.380 --> 12:40.040] So, I'm really pleased with how that came out.
[12:41.220 --> 12:44.220] Okay, we have two calls already.
[12:44.220 --> 12:46.980] I'm gonna take, I've got two calls and Jim was first,
[12:46.980 --> 12:49.660] but I'm gonna take Jeff first
[12:49.660 --> 12:52.180] because Jeff is generally pretty quick.
[12:52.180 --> 12:53.380] And then we're gonna go to Jim.
[12:53.380 --> 12:55.140] Jim's gonna take a little longer.
[12:56.180 --> 12:59.360] Hello, Jeff, what do you have for us today?
[13:00.540 --> 13:02.740] Well, hey, Randy, thanks for having me on.
[13:02.740 --> 13:04.400] You are welcome.
[13:05.900 --> 13:09.300] And what is happening in your federal case?
[13:10.340 --> 13:13.180] For those who've been following,
[13:13.180 --> 13:17.460] Jim was prosecuted for bringing a rifle
[13:17.460 --> 13:21.460] onto a college campus
[13:21.460 --> 13:25.260] when he didn't believe he was on a college campus.
[13:25.260 --> 13:27.540] The property he owned was separated from,
[13:27.540 --> 13:30.940] he was on, was separated from the campus,
[13:30.940 --> 13:34.660] but they prosecuted him anyway and he's been fighting them.
[13:34.660 --> 13:38.940] Now you have filed a federal suit and where are we?
[13:40.420 --> 13:45.420] Okay, well, one question is for one federal suit
[13:45.800 --> 13:47.340] and another's for the other
[13:47.340 --> 13:49.380] and I don't think they'll crisscross.
[13:50.420 --> 13:55.060] I put in a standing objection against a magistrate
[13:56.380 --> 13:58.520] and because I filed in form of a Paris,
[13:58.520 --> 14:02.860] but I put in a standing objection to have a real judge,
[14:02.860 --> 14:07.860] lo and behold, I now have a conference April 14th
[14:07.900 --> 14:11.780] with a magistrate, it's by telephone.
[14:11.780 --> 14:14.980] When I get on the telephone, do I need to first thing
[14:14.980 --> 14:17.260] object to having this person as a magistrate
[14:17.260 --> 14:19.780] and hang up on him and refuse to talk?
[14:19.780 --> 14:22.960] No, do not hang up, do not refuse to talk.
[14:22.960 --> 14:25.620] Raise your objection to the magistrate
[14:25.620 --> 14:29.500] and then continue.
[14:29.500 --> 14:33.060] What you're doing in the trial court
[14:33.060 --> 14:35.220] is setting the record for appeal
[14:36.780 --> 14:39.740] and in the overall scheme of things,
[14:39.740 --> 14:44.740] I don't know that a magistrate is such a terribly bad idea.
[14:45.700 --> 14:48.380] I guess that's gonna go to every magistrate
[14:48.380 --> 14:51.240] unless the magistrate simply gives a recommendation
[14:51.240 --> 14:53.860] to the district judge and the district judge
[14:53.860 --> 14:56.100] will make his determination.
[14:56.100 --> 14:59.220] Now, they generally follow what the magistrate says,
[14:59.220 --> 15:02.240] but if the magistrate does anything you don't like,
[15:02.240 --> 15:07.140] you already have your standing objection before the court
[15:07.140 --> 15:10.260] and it will have the effect of negating anything
[15:10.260 --> 15:11.880] that the magistrate does.
[15:12.740 --> 15:16.240] Okay, now this is the same court,
[15:16.240 --> 15:17.780] this is the one in Mississippi
[15:17.780 --> 15:21.600] that we were talking about doing a non-suit
[15:21.600 --> 15:24.700] so I could move it to Arkansas where I live.
[15:24.700 --> 15:26.940] However, they never answered that motion,
[15:26.940 --> 15:29.020] they just came up with a telephone conference,
[15:29.020 --> 15:33.060] so do I need to move for a non-suit or change of venue?
[15:33.060 --> 15:34.300] Do I need to move for a non-suit or change of venue?
[15:34.300 --> 15:37.700] Have you filed a notice of non-suit?
[15:37.700 --> 15:40.220] No, I filed, I'm sorry, to go back,
[15:40.220 --> 15:42.240] I filed a motion to change venue,
[15:42.240 --> 15:44.840] the game plan was to file a motion to change venue
[15:44.840 --> 15:47.380] if they did not do it, then non-suit it
[15:47.380 --> 15:50.580] and then reopen it in Arkansas.
[15:50.580 --> 15:55.580] Okay, then request that, at the hearing,
[15:56.540 --> 16:00.460] notice the magistrate that you have a motion
[16:00.460 --> 16:02.540] for change of venue before the court
[16:03.500 --> 16:06.860] and you object to this hearing
[16:06.860 --> 16:10.260] prior to a hearing on the change of venue.
[16:11.780 --> 16:14.620] Okay, do two objections, okay.
[16:15.500 --> 16:20.020] And then you've got your position before the court
[16:20.020 --> 16:21.340] and then go ahead and have the hearing
[16:21.340 --> 16:24.840] because I take it this is a scheduling hearing?
[16:26.180 --> 16:28.860] Probably so, it didn't exactly say,
[16:28.860 --> 16:30.940] but it did say that the parties are gonna get-
[16:30.940 --> 16:34.580] If it says nothing else, if there's nothing saying
[16:34.580 --> 16:36.820] that this is for some other purpose,
[16:36.820 --> 16:41.140] the first hearing that's had is normally a scheduling hearing,
[16:41.140 --> 16:44.940] it is normally not done by the magistrate,
[16:44.940 --> 16:47.700] normally it isn't a scheduling hearing,
[16:47.700 --> 16:50.380] it's a scheduling conference
[16:50.380 --> 16:52.060] and that's just you and the other party,
[16:52.060 --> 16:53.940] this is unusual to have a judge in the middle.
[16:53.940 --> 16:56.180] Hang on, Randy Kelt, we'll have our radio,
[16:56.180 --> 16:57.220] we'll be right back.
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[19:00.540 --> 19:19.020] You are listening to the Logos Radio Network,
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[19:27.540 --> 19:31.060] Okay, we are back, Randy Kelton, Rule of Law Radio.
[19:31.060 --> 19:33.140] I'm sorry, Randy Kelton and Deborah Stevens,
[19:33.140 --> 19:35.060] Rule of Law Radio.
[19:35.060 --> 19:38.300] Deborah Stevens is lurking there in the background
[19:38.300 --> 19:41.180] to make sure I don't run off the cliff.
[19:41.180 --> 19:44.860] We are talking to Jeff in Mississippi.
[19:44.860 --> 19:47.460] Okay, Jeff, go ahead.
[19:47.460 --> 19:49.140] Okay, last one.
[19:49.140 --> 19:52.380] I have been listening to Rick Schramm
[19:52.380 --> 19:56.860] and he seems to be pretty good, but he talks really fast.
[19:56.860 --> 20:02.100] He did predict that when you get into one of these suits,
[20:02.100 --> 20:08.380] the lawyers have a tendency to 12B6 over and over and over
[20:08.380 --> 20:11.260] and the judge will play tennis going back and forth
[20:11.260 --> 20:12.460] because it makes them money,
[20:12.460 --> 20:16.380] but they're just doing it to drag the case along.
[20:16.380 --> 20:19.420] And he said, and I'm not trying to pit him
[20:19.420 --> 20:22.860] against anybody else, but he said that when they do that,
[20:22.860 --> 20:27.140] that their motion to 12B6 has to have an affidavit
[20:27.140 --> 20:30.580] and it has to have truthful statements.
[20:30.580 --> 20:33.700] And if they're just playing around and calling you names
[20:33.700 --> 20:36.340] and being vexatious and scandalous,
[20:36.340 --> 20:39.300] that you can then bring sanctions against them
[20:39.300 --> 20:43.540] to stop the little tennis game, for one thing,
[20:43.540 --> 20:46.300] and to go ahead and try to bring charges
[20:46.300 --> 20:50.940] and to move for summary judgment on the pleadings.
[20:50.940 --> 20:51.820] What do you think about that?
[20:51.820 --> 20:53.060] Because they have already done that.
[20:53.060 --> 20:56.860] I now have a second 12B6 response
[20:56.860 --> 20:58.420] that's no different than the first.
[20:58.420 --> 21:00.700] It's just a little bit of name-calling.
[21:00.700 --> 21:06.460] I think Rick is dead on.
[21:06.460 --> 21:07.900] Okay.
[21:07.900 --> 21:09.060] Absolutely.
[21:09.060 --> 21:12.980] Now, you can't bring sanctions.
[21:12.980 --> 21:15.660] What you can do is move for sanction
[21:15.660 --> 21:18.820] and ask the court to bring sanctions.
[21:18.820 --> 21:21.100] And that's kind of why I suggested
[21:21.100 --> 21:26.100] that in this hearing that you merely give them notice
[21:26.260 --> 21:30.100] of your objection to the magistrate,
[21:30.100 --> 21:34.500] but don't refuse to participate in the hearing.
[21:34.500 --> 21:36.940] But there's a good chance
[21:36.940 --> 21:39.900] that the certain feller doesn't agree with me
[21:39.900 --> 21:42.540] or at least has a comment on this subject.
[21:42.540 --> 21:46.620] We have Mr. Jeff Cedric on the line.
[21:47.580 --> 21:48.420] Yeah.
[21:48.420 --> 21:49.660] Jeff, did you want to chime in?
[21:49.660 --> 21:51.460] I'm here.
[21:51.460 --> 21:53.140] I'm here.
[21:53.140 --> 21:53.980] Okay.
[21:53.980 --> 21:54.820] Did you hear me?
[21:54.820 --> 21:56.340] Did you want to chime in on this subject?
[21:56.340 --> 21:58.060] Oh, I did.
[22:00.380 --> 22:02.180] Somehow I got that impression.
[22:03.620 --> 22:07.780] I have a litany of questions for Jeff in Mississippi.
[22:09.100 --> 22:11.500] Did your cover sheet request a trial by jury?
[22:13.420 --> 22:14.260] Yes.
[22:14.260 --> 22:15.740] Well, no, I'm sorry.
[22:15.740 --> 22:17.940] My complaint did at the end
[22:17.940 --> 22:20.660] where the prayer is in my signature.
[22:20.660 --> 22:23.260] And did the cover sheet require it, request it?
[22:24.380 --> 22:25.220] No.
[22:26.140 --> 22:30.020] I didn't see the cover sheet on my, okay.
[22:30.020 --> 22:30.860] Big mistake.
[22:31.780 --> 22:32.820] Don't do that again.
[22:33.860 --> 22:37.340] The reason why is you can always ask for it
[22:37.340 --> 22:40.940] and then retire it.
[22:40.940 --> 22:43.740] But if you don't ask for it upfront, you can't get it.
[22:44.900 --> 22:46.420] Okay.
[22:46.420 --> 22:49.140] Then you need to get it on the cover sheet.
[22:49.140 --> 22:51.460] How many 12B6 promotions have they filed?
[22:52.700 --> 22:56.340] So far, two, but they've come in a 10 day period.
[22:57.460 --> 22:58.300] Stop.
[22:58.300 --> 23:00.140] So he's shooting them.
[23:00.140 --> 23:02.020] Has the first one been ruled on?
[23:03.460 --> 23:04.300] No.
[23:06.060 --> 23:08.740] So the second one hasn't been ruled on either?
[23:08.740 --> 23:12.540] No, it just says renewed 12B6.
[23:12.540 --> 23:16.860] As soon as I sent my answer in and my amended complaint,
[23:16.860 --> 23:19.980] fired one back, right?
[23:19.980 --> 23:23.020] So you said it said renewed?
[23:25.140 --> 23:28.500] Yes, it says renewed 12B6 on it.
[23:28.500 --> 23:30.540] And it's got a bunch of silly stuff.
[23:30.540 --> 23:31.380] You can tell the-
[23:31.380 --> 23:33.380] Okay, okay, hold on.
[23:33.380 --> 23:38.380] Does it address different material issues than the first?
[23:38.380 --> 23:39.220] No, not really.
[23:39.220 --> 23:41.020] It just says that the plaintiff doesn't have-
[23:41.020 --> 23:43.060] Wait a minute, Jeff.
[23:43.060 --> 23:45.060] Either it does or it doesn't.
[23:45.060 --> 23:46.660] It's no, not really.
[23:47.860 --> 23:48.900] Oh, I'm sorry.
[23:48.900 --> 23:50.900] No, it is different.
[23:52.100 --> 23:53.340] Okay.
[23:53.340 --> 23:56.900] Is it different in a material sense
[23:56.900 --> 23:59.820] or is it merely superficially different?
[24:01.020 --> 24:02.420] It's superficially different
[24:02.420 --> 24:05.020] because both of them are just superficially different.
[24:05.020 --> 24:09.180] It's superficially different because both of them are just superficial.
[24:10.500 --> 24:12.900] What is the basis for the 12B6?
[24:14.500 --> 24:19.500] That they have qualified immunity and I have felt-
[24:19.500 --> 24:21.820] Who has qualified immunity?
[24:21.820 --> 24:22.980] The officers.
[24:24.140 --> 24:25.140] East Souda University.
[24:25.140 --> 24:26.220] Police officers?
[24:27.180 --> 24:30.540] Well, they're campus, they're campus officers
[24:30.540 --> 24:31.380] without getting-
[24:31.380 --> 24:36.380] Okay, and have you looked up qualified immunity
[24:37.060 --> 24:38.260] in their situation?
[24:39.140 --> 24:39.980] Oh, yeah.
[24:41.180 --> 24:43.020] And do they?
[24:43.020 --> 24:44.260] No, absolutely not.
[24:44.260 --> 24:45.620] They committed fraud.
[24:45.620 --> 24:46.460] And so you say-
[24:46.460 --> 24:49.540] So you gotta, no, no, no, no, no, no, no, no.
[24:49.540 --> 24:52.820] Take that daggone word and you flush it down the gurgler.
[24:53.860 --> 24:55.940] Never to be heard from or seen again.
[24:55.940 --> 25:00.940] Uh-huh, it's false and misleading.
[25:02.540 --> 25:03.380] Okay.
[25:03.380 --> 25:05.220] Fraud should never be used
[25:05.220 --> 25:08.540] unless it's a special circumstance
[25:08.540 --> 25:11.620] where you have the elements
[25:11.620 --> 25:16.620] and you're trying to bypass qualified immunity.
[25:20.580 --> 25:25.580] Okay, so here's what the truth is on that fraud.
[25:25.580 --> 25:27.460] It requires that you prove intent
[25:27.460 --> 25:30.260] and you can't prove what was in somebody's mind.
[25:30.260 --> 25:32.340] So as I said, you take that word,
[25:32.340 --> 25:35.420] you throw it in the gurgler and you pull the lever
[25:35.420 --> 25:38.980] and that word is never to be seen or heard from again.
[25:38.980 --> 25:42.700] It's false and misleading and that you can prove.
[25:44.060 --> 25:44.900] Okay.
[25:45.820 --> 25:47.300] Okay?
[25:47.300 --> 25:58.300] Now, who is the actual judge in your case?
[25:58.340 --> 26:01.220] It is a circuit judge.
[26:01.220 --> 26:03.380] I don't remember their name.
[26:03.380 --> 26:04.460] It is the circuit judge.
[26:04.460 --> 26:05.900] Okay, that's fine.
[26:05.900 --> 26:10.140] So he is assigned to grunt work to a magistrate.
[26:10.140 --> 26:15.140] Okay, typical activity on the part of the federal court.
[26:17.340 --> 26:21.020] The judges have the magistrates do the grunt work.
[26:22.700 --> 26:23.860] Don't panic.
[26:27.700 --> 26:29.140] Okay?
[26:29.140 --> 26:29.980] Uh-huh.
[26:31.020 --> 26:35.900] They are an excellent source of case law
[26:35.900 --> 26:40.180] and if they decide or if the magistrate decides
[26:40.180 --> 26:43.500] that you have not, your pleading is not sufficient
[26:43.500 --> 26:46.740] to go forward on, he's gonna say so
[26:46.740 --> 26:48.820] and he's gonna say why
[26:48.820 --> 26:50.940] and he's also gonna say what is needed.
[26:52.580 --> 26:53.420] Okay?
[26:54.620 --> 26:59.340] And if they do dismiss you, since you are pro se,
[26:59.340 --> 27:06.860] they have to give you leave and time to amend.
[27:06.860 --> 27:11.100] Unless it is Judge McBride in the Northern District
[27:11.100 --> 27:13.500] in Fort Worth and if you are a pro se,
[27:13.500 --> 27:17.580] he will dismiss with prejudice out of hand
[27:17.580 --> 27:19.980] without regard to the right of things of the rule of law.
[27:19.980 --> 27:23.340] That you take up with a fifth circuit.
[27:23.340 --> 27:27.500] That I take up with a Texas grand jury.
[27:27.500 --> 27:29.740] I'm looking forward to it. Anyway.
[27:29.740 --> 27:31.980] That's the way, that's the way they work.
[27:33.220 --> 27:34.700] Okay.
[27:34.700 --> 27:39.700] So pull your claws back in and relax and have another beer
[27:40.820 --> 27:42.180] and stay on point.
[27:45.580 --> 27:46.620] Okay.
[27:46.620 --> 27:51.620] The magistrate is not necessarily your enemy.
[27:52.620 --> 27:56.420] I didn't give you a guarantee that he was not your enemy
[27:56.420 --> 27:58.820] but he is not necessarily your enemy.
[28:01.180 --> 28:03.740] And Mississippi, let me see Mississippi.
[28:03.740 --> 28:05.340] That's also in the fifth circuit.
[28:06.260 --> 28:07.500] Yeah.
[28:07.500 --> 28:08.340] Yes.
[28:08.340 --> 28:09.180] Okay.
[28:09.180 --> 28:10.940] I have a little trouble keeping it straight
[28:10.940 --> 28:13.820] as to where the line of demarcation is.
[28:13.820 --> 28:15.860] Alabama is in the 11th.
[28:15.860 --> 28:16.700] Right.
[28:16.700 --> 28:18.940] Louisiana and Texas are fifth.
[28:20.180 --> 28:21.740] Yeah.
[28:21.740 --> 28:25.420] And there's been some neat stuff coming out
[28:25.420 --> 28:28.660] of the fifth, sixth and the 11th circuits as of late.
[28:29.580 --> 28:32.700] And a lot of it has been coming out of the pro se actions.
[28:35.220 --> 28:37.540] So don't get into panic.
[28:37.540 --> 28:39.420] Just be calm, cool and collected.
[28:39.420 --> 28:40.860] No emotions.
[28:40.860 --> 28:43.260] This is how Harmon Taylor addresses
[28:43.260 --> 28:45.740] the federal judges and magistrates.
[28:45.740 --> 28:46.580] I can't hear you Randy.
[28:46.580 --> 28:50.100] He considers everything they do as teaching.
[28:51.060 --> 28:53.500] They're always instructing both parties
[28:53.500 --> 28:56.620] on how to move their case along properly.
[28:56.620 --> 29:00.420] And his position is pay attention to what they tell you.
[29:00.420 --> 29:01.980] They will instruct you.
[29:03.700 --> 29:04.540] Okay.
[29:05.700 --> 29:07.860] Have you read current all these 12 pieces?
[29:07.860 --> 29:08.700] Okay.
[29:08.700 --> 29:10.540] To principally reverse and back the air off.
[29:10.540 --> 29:11.380] Respond.
[29:13.700 --> 29:14.540] Wait a minute.
[29:14.540 --> 29:15.380] Hold on.
[29:15.380 --> 29:16.220] One at a time.
[29:16.220 --> 29:17.500] We've got about 44 seconds.
[29:17.500 --> 29:19.060] Jeff?
[29:19.060 --> 29:19.900] All right.
[29:19.900 --> 29:20.740] Wait a minute.
[29:20.740 --> 29:21.580] Jeff, Jeff, Jeff Maryland.
[29:21.580 --> 29:23.580] He's in the Supreme court.
[29:25.820 --> 29:26.660] Okay.
[29:26.660 --> 29:27.980] Sorry, I missed that up, Jeff.
[29:27.980 --> 29:30.700] We've got two Jeffs here and I'm confusing the two.
[29:30.700 --> 29:31.540] Hang on.
[29:31.540 --> 29:33.260] We're about to do the break.
[29:33.260 --> 29:35.140] We'll pick this up on the other side.
[29:35.140 --> 29:38.380] This is Randy Felton, Debra Stevens, Rue La Radio.
[29:38.380 --> 29:42.060] I called him number 512-646-1984.
[29:42.060 --> 29:42.900] Jim, hang on.
[29:42.900 --> 29:44.260] We'll get to you.
[29:44.260 --> 29:46.420] I took Jeff cause I thought he'd be a little quicker.
[29:46.420 --> 29:48.660] He's a little more complex than usual,
[29:48.660 --> 29:50.180] but we'll finish up with him shortly.
[29:50.180 --> 29:51.900] We'll get to you on the other side.
[29:51.900 --> 29:53.020] We'll be right back.
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[33:29.540 --> 33:32.420] Okay, we are back.
[33:32.420 --> 33:34.380] Randy Kelton, Rule of Law Radio.
[33:34.380 --> 33:36.860] Randy Kelton, Deborah Stevens, Rule of Law Radio.
[33:36.860 --> 33:38.420] Here with Jeff in Maryland
[33:38.420 --> 33:40.580] and we're talking to Jeff in Mississippi.
[33:41.820 --> 33:46.380] And I had a question on the second 12b6.
[33:46.380 --> 33:51.380] Jeff, can I file a second 12b6
[33:52.220 --> 33:56.220] while one 12b6 is before the court?
[33:56.220 --> 34:00.940] And if I can, is the second considered and amended?
[34:02.580 --> 34:04.260] Well, I'm not sure that the second one
[34:04.260 --> 34:06.180] is actually a second one.
[34:09.380 --> 34:11.780] They could file a second one and say,
[34:11.780 --> 34:14.660] basically that the first one that there was a mistake
[34:14.660 --> 34:18.460] and they're correcting the mistake and say it's corrected.
[34:18.460 --> 34:22.580] I'm not sure what renewed has to do anything with it,
[34:22.580 --> 34:27.580] but you're gonna have to take a look at Black's Law Dictionary.
[34:29.460 --> 34:31.620] Yeah, they didn't call it a Nuns Pro Tunk.
[34:31.620 --> 34:35.260] Somewhere in a code of civil procedure.
[34:35.260 --> 34:38.580] Nuns Pro Tunk, they could file something Nuns Pro Tunk
[34:38.580 --> 34:41.300] and that says, well, we made a typo
[34:41.300 --> 34:45.420] or a minor non-material error.
[34:45.420 --> 34:49.100] And that's why I was asking about material differences.
[34:49.100 --> 34:50.900] But they didn't call it a Nuns Pro Tunk.
[34:50.900 --> 34:54.380] They called it a, what did they call it?
[34:54.380 --> 34:55.220] An updated?
[34:56.260 --> 34:59.500] Just a renewed, you say it's just a waste of time.
[35:02.620 --> 35:03.460] What was that?
[35:05.860 --> 35:07.580] They're just throwing tennis balls at me.
[35:07.580 --> 35:09.940] So how can I cut them off?
[35:09.940 --> 35:12.420] Well, that's way too general for us to make
[35:12.420 --> 35:17.420] the specific determination we're trying to get to
[35:17.420 --> 35:22.420] to actually what the second 12b6 was about.
[35:23.500 --> 35:26.020] Was it essentially the same things
[35:26.020 --> 35:28.340] we just submit picking at to it
[35:28.340 --> 35:31.380] that didn't really change the material claims?
[35:31.380 --> 35:33.540] Yeah, one of them said that I don't have
[35:33.540 --> 35:35.740] a liberty interest in the school
[35:35.740 --> 35:39.180] and that the school didn't take my constitutional rights away
[35:39.180 --> 35:43.300] and that they still have immunity, qualified immunity,
[35:43.300 --> 35:45.140] which is just a repeat and then-
[35:45.140 --> 35:46.180] Wait a minute, wait a minute, hold on.
[35:46.180 --> 35:48.580] We're talking about the difference between the two.
[35:48.580 --> 35:50.980] Did the first one make those claims?
[35:52.260 --> 35:54.180] And the second one does too.
[35:54.180 --> 35:57.500] Okay, so this is, sounds like a rehash in the first.
[35:57.500 --> 35:59.700] So, Jeff, what do you think?
[35:59.700 --> 36:00.540] Would that-
[36:00.540 --> 36:02.900] I mean, I'm not very good on the law,
[36:02.900 --> 36:04.220] but even when I read it,
[36:04.220 --> 36:07.220] it looks like kids are fighting over Jackson balls.
[36:07.220 --> 36:08.380] It's just silliness.
[36:10.180 --> 36:13.300] Well, I would suggest that you view it that way.
[36:14.300 --> 36:15.220] Okay.
[36:15.220 --> 36:16.340] Yeah.
[36:16.340 --> 36:18.900] This is serious argument, believe it or not.
[36:18.900 --> 36:19.740] Yeah.
[36:22.060 --> 36:22.900] Okay.
[36:22.900 --> 36:24.580] So how do I cut these guys off?
[36:24.580 --> 36:26.740] Do they have to have an affidavit or?
[36:27.700 --> 36:31.740] If they're making malicious false comments or something,
[36:31.740 --> 36:33.820] there's some way that I can stop them
[36:33.820 --> 36:35.900] and bring sanctions against them.
[36:35.900 --> 36:37.060] Well, you answer it.
[36:39.060 --> 36:41.340] Okay, but then they're just gonna answer in two weeks
[36:41.340 --> 36:43.300] with another silly thing and then-
[36:43.300 --> 36:45.140] No, no, no, you can't do that, Jeff.
[36:45.140 --> 36:48.260] That's, you know, Jeff, that's the way the game goes.
[36:49.300 --> 36:50.140] Okay.
[36:50.140 --> 36:51.060] And if you're not gonna be,
[36:51.060 --> 36:53.380] if you're unwilling to play the game, get out.
[36:54.740 --> 36:55.580] Okay.
[36:57.340 --> 37:00.020] Answer the second one and ask for sanctions.
[37:00.940 --> 37:04.020] They gotta, you know, the attorneys have got a job to do
[37:04.020 --> 37:06.020] and that's basically to get these guys off
[37:06.900 --> 37:11.140] and you've got a job, from what I can determine, to do,
[37:11.140 --> 37:13.740] and that's to vindicate your rights.
[37:13.740 --> 37:15.060] Okay.
[37:15.060 --> 37:15.900] Well, I don't-
[37:15.900 --> 37:18.220] And you have a right to be left alone
[37:18.220 --> 37:22.420] and it was a peaceful use of your property
[37:22.420 --> 37:24.100] without tortures and interference.
[37:25.180 --> 37:26.460] Okay.
[37:26.460 --> 37:29.180] What this case is about, Jeff, is
[37:30.780 --> 37:33.740] he applied to this college for
[37:33.740 --> 37:34.860] entrance to this college
[37:34.860 --> 37:37.260] and they did not give him access to the college.
[37:37.260 --> 37:42.260] I don't, I didn't, I don't think I understand, Randy.
[37:46.020 --> 37:48.420] Will you explain that to Mississippi?
[37:49.740 --> 37:52.700] Well, they denied me entrance because of the gun charge,
[37:52.700 --> 37:54.940] but they didn't give me reason why,
[37:54.940 --> 37:57.020] so they just threw me out.
[37:57.020 --> 38:00.580] And so I'm suing them over a lack of due process
[38:00.580 --> 38:02.700] that I wasn't given a hearing
[38:02.700 --> 38:05.860] or any kind of transcripts or written notice,
[38:05.860 --> 38:06.700] which I wasn't.
[38:06.700 --> 38:07.540] Okay.
[38:07.540 --> 38:09.660] I was just tossed out like the mafia throws somebody out
[38:09.660 --> 38:11.780] and then it beats them up and throws them in an alley.
[38:11.780 --> 38:14.620] That's basically what happened with my admissions process.
[38:14.620 --> 38:16.420] I got a couple of questions for you.
[38:18.740 --> 38:20.220] Did they refund all your money?
[38:21.460 --> 38:22.540] Oh, I never paid.
[38:24.340 --> 38:25.940] Okay.
[38:25.940 --> 38:28.220] And is this the only school you can get into?
[38:30.220 --> 38:32.260] No, it's a school where I live.
[38:32.260 --> 38:34.340] This doesn't answer the question.
[38:34.340 --> 38:37.740] Yeah, I could move off and go to another college.
[38:38.620 --> 38:39.780] Okay.
[38:39.780 --> 38:44.300] So even if you win, you still really want to go there?
[38:45.860 --> 38:48.500] Well, yeah, I want to, I'm almost done.
[38:48.500 --> 38:50.940] So I just want to finish up and start work.
[38:52.180 --> 38:53.340] Okay.
[38:53.340 --> 38:54.940] How many credit hours you got left?
[38:56.220 --> 38:57.340] Okay.
[38:57.340 --> 39:00.340] Just real quick, back on what Randy was saying,
[39:00.340 --> 39:02.940] just real quick, back on what Randy was talking about,
[39:02.940 --> 39:05.620] the amended complaint and then asked for sanctions.
[39:05.620 --> 39:07.020] Is that a good way to go?
[39:08.540 --> 39:09.380] Why?
[39:10.500 --> 39:13.700] Well, I think we're going to start playing volleyball
[39:13.700 --> 39:15.820] with these guys and I think that's what they want.
[39:15.820 --> 39:20.260] So I want to get off the Maryland round and move it along.
[39:22.540 --> 39:24.060] Okay.
[39:24.060 --> 39:26.300] Okay, Jeff, Maryland,
[39:26.300 --> 39:30.660] whether or not he could go somewhere else,
[39:30.660 --> 39:34.140] if this college receives any federal funds,
[39:34.140 --> 39:35.540] he has a right to go here.
[39:37.540 --> 39:40.180] He could go to a college in Hawaii.
[39:40.180 --> 39:41.980] I'm not debating that, Randy.
[39:41.980 --> 39:46.100] My question basically is, does he really want to go there
[39:46.100 --> 39:48.420] after the way in which they have treated him?
[39:51.420 --> 39:54.060] Well, he's not happy with the way he's treating him
[39:54.060 --> 39:58.460] and he's trying to set, to fix what's wrong,
[39:58.460 --> 40:02.020] to give them reason not to pull this crap on the next guy.
[40:03.820 --> 40:05.780] But see, these guys are going to respond
[40:05.780 --> 40:08.340] with a 12B6 another 10 times.
[40:08.340 --> 40:11.660] I can already see this happening over silly stuff
[40:11.660 --> 40:13.700] and it's just to keep me on the hamster wheel.
[40:13.700 --> 40:16.460] So I'm wanting to get off the hamster wheel.
[40:16.460 --> 40:17.500] That's abusive.
[40:19.300 --> 40:22.660] That you can move for sanctions on, two of them,
[40:22.660 --> 40:25.500] you're not going to get anywhere with that.
[40:25.500 --> 40:26.340] Okay.
[40:27.340 --> 40:28.620] But that's okay, Andy,
[40:28.620 --> 40:30.020] because when you file for sanctions,
[40:30.020 --> 40:31.620] you should also bar grieve them.
[40:33.300 --> 40:34.140] Okay.
[40:35.820 --> 40:36.660] I think-
[40:36.660 --> 40:37.500] I can easily do that.
[40:39.260 --> 40:40.500] I think you want to take a look
[40:40.500 --> 40:43.580] at the civil rule procedure, 15.
[40:45.060 --> 40:45.900] Got it.
[40:45.900 --> 40:50.100] That's amended compliance.
[40:53.700 --> 40:54.540] No.
[40:55.980 --> 40:57.220] I think it's 15.
[40:58.820 --> 41:03.820] Whenever they file a motion, 12B6 motion,
[41:08.620 --> 41:13.620] you have a right to file an amended complaint
[41:13.620 --> 41:17.860] without leave of court or consulting with the other side.
[41:19.260 --> 41:20.100] Yes.
[41:22.420 --> 41:24.380] And I think it's rule 15.
[41:24.380 --> 41:26.140] Supplemental pleadings.
[41:27.660 --> 41:29.460] Amending as a matter of course,
[41:29.460 --> 41:33.100] a party may amend its pleading once a matter,
[41:33.100 --> 41:36.740] as a matter of course, within 21 days after serving it,
[41:36.740 --> 41:39.580] or if the pleading is one to which
[41:39.580 --> 41:41.820] a responsive pleading is required.
[41:41.820 --> 41:45.580] 21 days of service of a responsive pleading,
[41:45.580 --> 41:49.140] or 21 days after service of a motion under rule 12B6,
[41:49.140 --> 41:50.740] whichever is earlier.
[41:50.740 --> 41:53.740] Was this done within 21 days?
[41:53.740 --> 41:55.060] Yes, I've already done that.
[41:55.060 --> 41:56.420] And within 10 days,
[41:56.420 --> 42:00.100] they've already hit me back with another 12B6.
[42:00.100 --> 42:02.380] So I don't want that to go on another 10 times.
[42:02.380 --> 42:03.220] No, wait, wait, wait.
[42:03.220 --> 42:04.700] You didn't answer my question.
[42:05.620 --> 42:08.620] Did they file the second 12B6
[42:08.620 --> 42:13.620] within 21 days of your receiving service of the first?
[42:20.460 --> 42:21.860] Yes.
[42:21.860 --> 42:22.700] Okay, then they're good.
[42:22.700 --> 42:23.860] They're within the rules.
[42:26.740 --> 42:28.180] And I think that's what's gonna happen.
[42:28.180 --> 42:30.780] I think it's gonna happen another 10 or 20 times.
[42:33.620 --> 42:34.460] They got one.
[42:34.460 --> 42:36.220] It's not gonna happen another 10 or 20 times.
[42:36.220 --> 42:38.100] The court won't allow it.
[42:38.100 --> 42:39.020] Give me a break.
[42:39.020 --> 42:40.340] That's what-
[42:40.340 --> 42:41.660] The 21 days are up.
[42:41.660 --> 42:42.860] I wanted to know.
[42:42.860 --> 42:44.940] Next time they gotta ask permission.
[42:47.300 --> 42:48.780] Okay, that's what I wanted to know.
[42:48.780 --> 42:50.540] Yeah, I wanna get off the merry-go-round.
[42:50.540 --> 42:54.060] Okay, so I can send in my answer to them
[42:54.060 --> 42:56.380] or my amended complaint again.
[42:58.740 --> 43:03.140] And the door closes on an amended complaint without leave.
[43:03.140 --> 43:06.140] Okay, so I can type up another amended complaint.
[43:06.140 --> 43:06.980] Wait, wait a minute.
[43:06.980 --> 43:07.820] I'm sorry.
[43:07.820 --> 43:08.660] My bad.
[43:08.660 --> 43:09.500] I said complaint.
[43:09.500 --> 43:10.740] Did you already file an amended complaint?
[43:10.740 --> 43:11.740] My bad, my bad.
[43:11.740 --> 43:13.220] I said amended complaint.
[43:13.220 --> 43:16.540] I should have said amended 12B6.
[43:19.540 --> 43:22.540] Okay, I have filed one amended complaint
[43:22.540 --> 43:25.060] in my response to their 12B6.
[43:25.060 --> 43:30.060] They shot back another 12B6 to me within 10 days.
[43:30.060 --> 43:33.140] To me within 10 days.
[43:33.140 --> 43:37.420] Your amended complaint opened the door
[43:37.420 --> 43:39.180] for them to file another answer
[43:39.180 --> 43:41.340] because your amended complaint
[43:41.340 --> 43:43.820] took the place of the original complaint.
[43:44.860 --> 43:47.020] Okay, that's what I wanna know.
[43:47.020 --> 43:49.060] So what do I do from there?
[43:49.060 --> 43:52.140] Make sure everything you want is in that amended
[43:52.140 --> 43:54.500] because the original doesn't count at all.
[43:55.980 --> 43:57.100] Hang on.
[43:57.100 --> 43:58.020] Going to break.
[43:58.020 --> 44:00.140] Be right back.
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[44:48.820 --> 45:04.220] Are you the plaintiff or defendant in a lawsuit?
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[46:00.460 --> 46:17.740] If you did not have any problem,
[46:17.740 --> 46:20.380] where you gonna look for one?
[46:20.380 --> 46:23.660] If you could not wait any bit too long,
[46:23.660 --> 46:26.180] would you put up a sayspeed on?
[46:26.180 --> 46:29.420] Such a sentiment, a soldier, a warrior of love,
[46:29.420 --> 46:32.100] scuffle and they'll keep it a peace.
[46:32.100 --> 46:35.260] All they're taking is a misunderstanding,
[46:35.260 --> 46:37.580] and somebody calls the police.
[46:37.580 --> 46:39.580] Watching the sparks fly.
[46:43.420 --> 46:45.420] Watching the sparks fly.
[46:49.260 --> 46:51.540] Watching the sparks fly.
[46:51.540 --> 46:53.140] Okay, we are back.
[46:53.140 --> 46:55.260] Randy Kelton, Deborah Stevens, Rule of Law Radio.
[46:55.260 --> 46:57.700] We're having a little technical difficulty.
[46:57.700 --> 46:59.900] I've lost Jeff from Maryland.
[46:59.900 --> 47:02.340] And Jeff from Mississippi,
[47:02.340 --> 47:05.780] I think we pretty well have yours answered.
[47:05.780 --> 47:07.140] Is that correct?
[47:07.140 --> 47:09.060] Hold on, I got to unmute you.
[47:09.060 --> 47:12.900] I now have a second 12B6 sitting on my desk,
[47:12.900 --> 47:14.300] which means that it's my turn
[47:14.300 --> 47:16.060] to hit the tennis ball back to them.
[47:16.060 --> 47:18.860] Do I wanna send another amended complaint?
[47:19.780 --> 47:23.780] No, no, do not send another amended complaint.
[47:23.780 --> 47:26.740] Just answer the 12B6.
[47:26.740 --> 47:28.660] Just answer it, okay.
[47:28.660 --> 47:30.460] Which is a normal caption,
[47:30.460 --> 47:34.620] and then it says answer to Defendants 12B6.
[47:34.620 --> 47:36.220] Yes, yes.
[47:36.220 --> 47:38.220] And then do I have to have that notarized?
[47:38.220 --> 47:40.820] I have to put an affidavit on there?
[47:40.820 --> 47:45.340] If you include statements of material fact
[47:45.340 --> 47:48.860] that are not already in your complaint, yes.
[47:48.860 --> 47:52.820] Otherwise, if you're just answering their assertions, no.
[47:53.900 --> 47:56.340] No, okay, so just answer.
[47:56.340 --> 47:57.180] Yes.
[47:57.180 --> 47:58.460] Just put answer and then just mail it back to them
[47:58.460 --> 48:00.140] or file it in the court, I mean.
[48:00.140 --> 48:00.980] Exactly.
[48:01.940 --> 48:03.260] Got it, okay.
[48:03.260 --> 48:05.420] I will do that and then I'll call you next week
[48:05.420 --> 48:06.980] and tell you how that went.
[48:06.980 --> 48:08.580] Okay, wonderful.
[48:08.580 --> 48:09.420] Thank you, Jeff.
[48:09.420 --> 48:11.420] Thank you, all right.
[48:11.420 --> 48:13.900] Okay, now we're gonna go to Jim in Texas.
[48:13.900 --> 48:15.780] Hello, Jim, sorry to make you wait so long.
[48:15.780 --> 48:18.460] Generally, Jeff's a lot quicker than that.
[48:18.460 --> 48:21.120] Not only for personal problems, no big deal.
[48:22.260 --> 48:23.380] No big deal.
[48:23.380 --> 48:24.660] How are you this evening?
[48:24.660 --> 48:25.860] I am good.
[48:25.860 --> 48:30.620] Okay, to start with, give us a brief synopsis of the case.
[48:30.620 --> 48:33.860] In the synopsis, no argument as to what's right or wrong.
[48:33.860 --> 48:36.960] Just kind of give us a timeline of what occurred.
[48:37.980 --> 48:41.780] Well, in August, my wife got pulled over
[48:41.780 --> 48:43.620] and for riding on a break,
[48:43.620 --> 48:46.260] and then she ended up getting drug out of her car
[48:46.260 --> 48:49.780] and arrested for driving with a license invalid.
[48:52.300 --> 48:55.020] December, they had a scheduling notice.
[48:55.020 --> 48:57.580] The end of December, there was a plea negotiation.
[48:57.580 --> 48:59.420] She tried to ask about getting a fair hearing
[48:59.420 --> 49:00.980] and they flipped her off
[49:00.980 --> 49:04.660] and it was continued in a room in secret.
[49:04.660 --> 49:09.660] And we recorded the attorney that the court appointed for
[49:11.020 --> 49:12.780] and he threatened her several ways
[49:12.780 --> 49:14.900] and told her that, anyway, he threatened her
[49:14.900 --> 49:16.120] and we recorded the whole thing.
[49:16.120 --> 49:18.140] And if he didn't, we didn't do what he said
[49:18.140 --> 49:20.400] and she was going to jail.
[49:20.400 --> 49:22.620] And then never got to plea.
[49:22.620 --> 49:25.180] Got a memo, duck it in January.
[49:25.180 --> 49:26.580] Pre-child was in February,
[49:26.580 --> 49:30.060] tried to get in there again and talk to him,
[49:30.060 --> 49:31.140] wouldn't tell us anything,
[49:31.140 --> 49:34.100] still wouldn't give us any information on the case
[49:34.100 --> 49:37.580] except for a couple of little things that they had in the,
[49:37.580 --> 49:39.360] I guess in the clerk's office.
[49:41.580 --> 49:45.100] She, coming up here Monday, had to,
[49:46.240 --> 49:49.140] went in for court and they basically said
[49:49.140 --> 49:50.500] she couldn't say anything at all.
[49:50.500 --> 49:52.940] They wouldn't even let her use her insurance
[49:52.940 --> 49:56.180] as proof that she had a financial responsibility
[49:56.180 --> 49:59.300] and basically just put her in jail for 90 days
[49:59.300 --> 50:02.020] for trying to stand up for her right.
[50:03.220 --> 50:06.340] And then, you know, kind of odd when they-
[50:06.340 --> 50:11.340] Okay, you said they pulled her over for riding her brakes?
[50:12.300 --> 50:13.800] Yes, sir, that's what he said.
[50:15.580 --> 50:19.200] What was the statute that he cited?
[50:19.200 --> 50:21.320] We haven't found out.
[50:21.320 --> 50:23.920] They refused to give us anything.
[50:23.920 --> 50:26.640] They even gave us some kind of a motion in court.
[50:26.640 --> 50:29.520] They finally let her, the court finally pleaded for her
[50:29.520 --> 50:31.320] not guilty when she brought it up
[50:31.320 --> 50:33.720] after the trial had started in front of the jury.
[50:34.640 --> 50:39.600] Okay, at this hearing, what was she charged with
[50:39.600 --> 50:41.440] that got her 90 days?
[50:41.440 --> 50:44.640] Driving while license invalid with prior convictions
[50:44.640 --> 50:47.440] and without having financial responsibility,
[50:47.440 --> 50:49.160] which she did have.
[50:49.160 --> 50:50.800] Did they convict her of driving
[50:50.800 --> 50:52.640] without financial responsibility?
[50:53.680 --> 50:55.960] No, she stood up at the Senate thing
[50:55.960 --> 50:59.240] and pointed at the judge and basically told him
[50:59.240 --> 51:01.960] that he had an obligation to stand up for her rights
[51:01.960 --> 51:04.960] and he wasn't doing it because he wouldn't even take
[51:04.960 --> 51:06.240] her insurance and then thence
[51:06.240 --> 51:07.720] when he took the insurance right then.
[51:07.720 --> 51:08.840] Okay, that wasn't-
[51:08.840 --> 51:11.400] Okay, they took the insurance at that point
[51:11.400 --> 51:13.960] and did not convict her of the insurance, right?
[51:13.960 --> 51:14.800] Wait a minute.
[51:14.800 --> 51:19.680] Hold on, what court was this in?
[51:19.680 --> 51:21.080] County court.
[51:21.080 --> 51:21.920] County court.
[51:21.920 --> 51:22.960] County court of law number one,
[51:22.960 --> 51:24.360] Parker County, Texas.
[51:24.360 --> 51:27.640] Did you, did she already have a hearing
[51:27.640 --> 51:32.640] on the insurance issue in the municipal or JP court?
[51:34.080 --> 51:35.120] No, sir.
[51:37.800 --> 51:41.800] Was the insurance issue before this court?
[51:41.800 --> 51:45.880] Yes, sir, she had the same insurance policy for-
[51:45.880 --> 51:48.240] No, no, that wasn't my question.
[51:48.240 --> 51:49.720] Okay, listen carefully.
[51:51.240 --> 51:54.320] What was before this court?
[51:54.320 --> 51:57.440] The reason I'm asking this question is
[51:57.440 --> 52:00.400] no insurance is a class C misdemeanor.
[52:00.400 --> 52:03.920] The county court does not have original jurisdiction.
[52:03.920 --> 52:08.640] If she was given a citation by a municipal police officer,
[52:08.640 --> 52:12.360] the municipal judge would have original jurisdiction.
[52:12.360 --> 52:15.400] If a county sheriff's deputy,
[52:15.400 --> 52:18.120] it would be justice of the peace.
[52:18.120 --> 52:20.280] So I'm wondering how a
[52:22.360 --> 52:26.160] insurance issue got before a county judge.
[52:27.960 --> 52:29.920] I don't know, the insurance that she had with her
[52:29.920 --> 52:32.720] was actually current now, not current then.
[52:32.720 --> 52:33.560] Okay.
[52:33.560 --> 52:34.920] We never even looked at it.
[52:34.920 --> 52:37.720] Are you certain that she was,
[52:37.720 --> 52:41.240] this hearing included the insurance issue?
[52:42.800 --> 52:44.000] That's what he said.
[52:44.000 --> 52:47.480] He said the paperwork says driving while licensed
[52:47.480 --> 52:50.480] and valid with previous convictions and no financial,
[52:50.480 --> 52:52.440] without proof of financial responsibility.
[52:52.440 --> 52:56.920] He said it was driving while license suspended
[52:56.920 --> 53:00.000] with no proof of financial responsibility.
[53:00.000 --> 53:02.080] And they used the financial responsibility
[53:02.080 --> 53:04.320] against her to get her convicted apparently.
[53:04.320 --> 53:07.280] But they wouldn't let her use anything.
[53:07.280 --> 53:09.040] Okay, that will be interesting.
[53:13.320 --> 53:18.320] Okay, see how many prior convictions for driving
[53:18.760 --> 53:21.080] while license invalid did she have?
[53:22.000 --> 53:25.720] They said that she had three,
[53:25.720 --> 53:29.640] but she said that she doesn't know of two,
[53:29.640 --> 53:31.880] or one in February of last year
[53:31.880 --> 53:33.880] that I know of is the only one I know of.
[53:33.880 --> 53:37.320] So you only know of one.
[53:37.320 --> 53:41.720] She admits to two and they're claiming three.
[53:42.680 --> 53:44.360] Yeah, well, they tried to claim four,
[53:44.360 --> 53:46.320] but they said they only had proof of three,
[53:46.320 --> 53:48.080] but nobody's been proof of.
[53:49.280 --> 53:50.600] I mean, they would use the law,
[53:50.600 --> 53:52.440] they use the transportation code against her
[53:52.440 --> 53:54.280] and she tried to use the transportation code
[53:54.280 --> 53:55.440] and it turned into a scoff law
[53:55.440 --> 53:58.280] and everything ran through the prosecutor.
[53:58.280 --> 54:00.520] He had, the judge said she had, okay,
[54:00.520 --> 54:02.840] every piece of evidence or anything she wanted to do
[54:02.840 --> 54:04.280] with the prosecutor, not him.
[54:05.560 --> 54:06.720] Wait a minute, hold on.
[54:06.720 --> 54:07.800] I would say the prosecutor.
[54:07.800 --> 54:11.240] Hold on, hold on, hold on, you're using pronouns.
[54:11.240 --> 54:15.680] She said everything had to go through him.
[54:16.720 --> 54:18.960] Back up, redo that with proper names
[54:18.960 --> 54:21.080] so I know who's saying what to whom.
[54:21.080 --> 54:26.080] Jordan, my wife, said that Judge Buckner told her
[54:26.800 --> 54:29.480] that anytime that she wanted a piece of evidence
[54:29.480 --> 54:34.480] or to ask the officer or any.
[54:37.680 --> 54:38.720] Did I lose you, Jim?
[54:42.480 --> 54:43.320] Hello, Jim.
[54:43.320 --> 54:46.760] It sounds like it seems we might've lost Jim here.
[54:48.000 --> 54:49.640] This is the reason I put Jim second
[54:49.640 --> 54:51.680] because I knew this would be a little bit complex
[54:51.680 --> 54:55.200] and would take a while to get sorted out.
[54:55.200 --> 55:00.200] So, okay, it appears that Jim dropped.
[55:01.120 --> 55:02.840] You'll probably recall right back in,
[55:02.840 --> 55:06.880] but Judge Buckner, oh, that's wonderful.
[55:08.280 --> 55:11.880] I have had a run in with Judge Buckner once before
[55:12.920 --> 55:15.520] and that one was funny.
[55:17.160 --> 55:20.800] We had someone from Waco being held on
[55:20.800 --> 55:23.000] exactly the same charge
[55:23.000 --> 55:28.000] and multiple convictions for driving,
[55:28.040 --> 55:30.560] I think, while licensed and valid.
[55:30.560 --> 55:33.800] And I wrote him up a habeas corpus
[55:33.800 --> 55:35.640] and he filed it in the court.
[55:35.640 --> 55:38.160] I'm sorry, he filed one that he wrote up.
[55:38.160 --> 55:39.840] I wrote him up one, but he didn't file mine,
[55:39.840 --> 55:41.000] he filed his.
[55:42.280 --> 55:44.920] And I went to the court
[55:44.920 --> 55:47.480] because he said they didn't hear it
[55:47.480 --> 55:50.000] and brought a copy of the habeas
[55:50.000 --> 55:51.240] and then I looked in the record
[55:51.240 --> 55:54.240] and I found a copy of the habeas in the record
[55:54.240 --> 55:59.240] and I asked the clerk for a return on the habeas
[56:00.440 --> 56:02.600] and they couldn't find it.
[56:04.920 --> 56:07.360] I'll give you this later if we have time,
[56:07.360 --> 56:10.480] but Judge Buckner was the judge in the case
[56:10.480 --> 56:15.000] and after I jerked him around a while,
[56:15.000 --> 56:18.240] they got this guy out of their jail really, really fast.
[56:18.240 --> 56:22.120] Hang on, okay, going back to Jim in Texas.
[56:22.120 --> 56:24.200] Sorry, Jim, your call dropped there.
[56:24.200 --> 56:25.760] My fault, apparently.
[56:25.760 --> 56:28.000] Where did you lose it?
[56:28.000 --> 56:30.360] Okay, you had, she had,
[56:31.760 --> 56:34.000] according to the prosecution,
[56:35.920 --> 56:37.000] two priors.
[56:37.000 --> 56:39.960] Were the two priors brought up
[56:39.960 --> 56:44.880] in the evidence phase of the trial
[56:44.880 --> 56:48.600] or were they brought up in the punishment phase?
[56:53.080 --> 56:55.400] Honestly, I didn't, can you,
[56:55.400 --> 56:56.600] now say that one more time.
[56:56.600 --> 56:59.000] I wanna make sure I understood that perfectly.
[56:59.000 --> 57:03.680] Prior convictions go to an enhanced charge.
[57:03.680 --> 57:05.240] Hang on just a second.
[57:05.240 --> 57:07.720] Yes, sir, they were during the courtroom proceedings
[57:07.720 --> 57:09.120] when they brought it up.
[57:09.120 --> 57:11.640] The prosecution, I was in the vehicle
[57:11.640 --> 57:15.680] and I've been trying to get charges against the officer
[57:15.680 --> 57:17.440] for myself personally, they don't talk to me,
[57:17.440 --> 57:18.360] but I was in the vehicle.
[57:18.360 --> 57:21.560] The prosecution said that I was their witness.
[57:21.560 --> 57:24.760] They invoked, whatever it is where the witnesses
[57:24.760 --> 57:25.760] can't see the testimony.
[57:25.760 --> 57:28.360] Yeah, they invoked the rule of witnesses.
[57:28.360 --> 57:29.880] Yes, sir.
[57:29.880 --> 57:31.640] And so you couldn't observe.
[57:31.640 --> 57:34.840] Did you have anyone in the courtroom who could observe?
[57:35.800 --> 57:40.800] Just my wife and one of the bailiffs was helping us a lot.
[57:40.800 --> 57:42.880] Okay, bailiffs don't count
[57:42.880 --> 57:46.280] because they will screw you big time.
[57:46.280 --> 57:47.120] Okay.
[57:48.240 --> 57:51.960] Next thing you need to do is go down
[57:51.960 --> 57:54.600] and request a transcript of the case hearing.
[57:55.640 --> 57:56.480] Yes, sir.
[57:56.480 --> 57:59.440] And what I'll do is I'll come down there next week
[57:59.440 --> 58:01.480] and muck around a little bit.
[58:01.480 --> 58:04.040] It might get them to wanna get her out of jail.
[58:05.320 --> 58:08.120] I've had some experience with Judge Buckner.
[58:08.120 --> 58:12.280] I was just about telling you that while you were off.
[58:12.280 --> 58:13.800] We're about to go to break here.
[58:13.800 --> 58:15.440] I picked this up on the other side,
[58:15.440 --> 58:18.000] but before you do anything,
[58:18.960 --> 58:22.000] now you back up and start sharpshooting them for evidence.
[58:22.000 --> 58:24.120] And when you come back on the other side,
[58:24.120 --> 58:25.800] I will show you how to do that.
[58:25.800 --> 58:28.280] This is Randy Kelton, U of R radio.
[58:28.280 --> 58:32.080] Our call in number, 512-646-1984.
[58:33.360 --> 58:35.920] Now give us a call while we're on break.
[58:35.920 --> 58:38.760] It's a good time to check Logos Radio Network
[58:38.760 --> 58:40.360] and check out our sponsors
[58:40.360 --> 58:43.160] and help us keep this radio show on the air.
[58:43.160 --> 58:44.400] We'll be right back.
[58:50.080 --> 58:53.760] The Bible remains the most popular book in the world,
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[59:06.640 --> 59:09.080] Enter the recovery version.
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[59:20.560 --> 59:23.440] in a marvelous way, providing an entrance
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[59:43.520 --> 59:47.560] or by ordering online at freestudybible.com.
[59:47.560 --> 59:50.080] That's freestudybible.com.
[59:50.080 --> 59:55.080] You're listening to the Logos Radio Network
[59:56.040 --> 59:58.840] at logosradionetwork.com.
[01:00:00.600 --> 01:00:03.040] The following use flash is brought to you by
[01:00:03.040 --> 01:00:06.480] the Lone Star Lowdown, providing your daily bulletins
[01:00:06.480 --> 01:00:08.320] for the commodities market.
[01:00:08.320 --> 01:00:12.200] Today in history, news updates,
[01:00:12.200 --> 01:00:15.360] and the inside scoop into the tides of the alternative.
[01:00:20.920 --> 01:00:23.560] Markets for Wednesday, March 23rd, 2016
[01:00:23.560 --> 01:00:27.640] are currently trending with gold at $1,223.93 an ounce,
[01:00:27.640 --> 01:00:33.000] silver $15.28 an ounce, Texas crude $41.45 a barrel,
[01:00:33.000 --> 01:00:37.360] and Bitcoin is currently sitting at about $417 U.S. currency.
[01:00:43.000 --> 01:00:45.880] Today in history, the year 1775,
[01:00:45.880 --> 01:00:49.200] Patrick Henry proclaims, give me liberty or give me death,
[01:00:49.200 --> 01:00:51.520] in a speech in favor of Virginian troops
[01:00:51.520 --> 01:00:53.720] joining the U.S. Revolutionary War.
[01:00:53.720 --> 01:00:55.840] The infamous slogan of American rebels,
[01:00:55.840 --> 01:00:57.640] give me liberty or give me death,
[01:00:57.640 --> 01:00:59.800] was first said today in history.
[01:01:03.800 --> 01:01:05.920] In recent news, an independent panel
[01:01:05.920 --> 01:01:07.640] investigating the Flint water crisis
[01:01:07.640 --> 01:01:09.920] blamed Governor Rick Snyder's office directly,
[01:01:09.920 --> 01:01:11.880] concluding that incompetent state employees
[01:01:11.880 --> 01:01:13.680] in charge of supervising water quality,
[01:01:13.680 --> 01:01:15.960] including state-appointed emergency managers,
[01:01:15.960 --> 01:01:17.600] ignored a list of growing problems
[01:01:17.600 --> 01:01:18.880] with the city water supply,
[01:01:18.880 --> 01:01:21.600] and negligently ignored signs of lead contamination.
[01:01:21.600 --> 01:01:24.800] The 116-page report had blamed for every level of government
[01:01:24.800 --> 01:01:26.280] from local Flint officials
[01:01:26.280 --> 01:01:28.520] to the Federal Environmental Protection Agency,
[01:01:28.520 --> 01:01:31.680] but blamed the Michigan Department of Environmental Quality,
[01:01:31.680 --> 01:01:34.680] the state agency responsible for monitoring Flint's water supply,
[01:01:34.680 --> 01:01:38.320] as primarily responsible for the water contamination in Flint.
[01:01:38.320 --> 01:01:40.160] The report said that the Flint water crisis
[01:01:40.160 --> 01:01:41.760] is a story of government failure,
[01:01:41.760 --> 01:01:44.720] intransigence, unpreparedness, delay in action,
[01:01:44.720 --> 01:01:46.320] and environmental injustice.
[01:01:51.040 --> 01:01:53.840] Turkey's President Recep Tayyip Erdogan said today
[01:01:53.840 --> 01:01:56.240] that Belgian law enforcement and anti-terror departments
[01:01:56.240 --> 01:01:57.760] ignored warnings last June
[01:01:57.760 --> 01:02:00.080] that one of the brothers suspected of blowing himself up
[01:02:00.080 --> 01:02:02.040] in the terror attacks there on Tuesday
[01:02:02.040 --> 01:02:04.800] was a terrorist, Ibrahim El-Bakroi,
[01:02:04.800 --> 01:02:07.200] suspected of being the bomber who blew himself up
[01:02:07.200 --> 01:02:09.920] at the Zementem airport, killing at least 11,
[01:02:09.920 --> 01:02:12.720] was stopped crossing into Turkey from Syria nine months ago,
[01:02:12.720 --> 01:02:14.800] when Turkish officials said that they apparently told
[01:02:14.800 --> 01:02:18.200] anti-terror agencies in Brussels of his involvement with ISIS,
[01:02:18.200 --> 01:02:20.960] the group who claimed responsibility in Tuesday's attacks.
[01:02:20.960 --> 01:02:23.520] A Turkish official stated Dutch authorities allowed
[01:02:23.520 --> 01:02:26.240] Bakroi to go free because they were unable to establish
[01:02:26.240 --> 01:02:28.080] any ties to terrorism or ISIS.
[01:02:28.080 --> 01:02:30.000] The Israeli newspaper Haaretz reported today
[01:02:30.000 --> 01:02:31.440] that Belgian security services,
[01:02:31.440 --> 01:02:33.600] as well as other Western intelligence agencies,
[01:02:33.600 --> 01:02:35.920] had advanced and precise intelligence
[01:02:35.920 --> 01:02:38.400] of the pending terror attacks prior to them.
[01:02:38.400 --> 01:02:41.200] The newspaper said government agencies had specific warning
[01:02:41.200 --> 01:02:42.880] that the attacks were coming soon
[01:02:42.880 --> 01:02:45.920] and would take place at the airport and in the subway system,
[01:02:45.920 --> 01:02:48.640] though it is not clear how exactly said agencies
[01:02:48.640 --> 01:02:50.400] were warned of the attacks in advance.
[01:02:50.400 --> 01:02:54.400] This was Rick Roady with your lowdown for March 23rd, 2016.
[01:03:50.400 --> 01:04:08.640] Okay, we are back.
[01:04:08.640 --> 01:04:10.320] Randy Kelton, Rule of Law Radio,
[01:04:10.320 --> 01:04:11.920] and we're talking to Jim in Texas.
[01:04:12.880 --> 01:04:15.120] Jim, just from talking to you,
[01:04:15.120 --> 01:04:22.160] the first thing you should do is go to logosradionetwork.com
[01:04:23.120 --> 01:04:26.080] and find the banner for Jurisdictionary.
[01:04:27.200 --> 01:04:32.560] That's a course by a lawyer for proceeds
[01:04:33.600 --> 01:04:37.120] on how to handle their own case in court.
[01:04:38.480 --> 01:04:38.980] Yes, sir.
[01:04:38.980 --> 01:04:44.500] There's a whole lot of basic stuff you don't know,
[01:04:45.940 --> 01:04:49.060] and it will be hard to bring you up to speed
[01:04:49.060 --> 01:04:52.500] until you get some of this basic information,
[01:04:52.500 --> 01:04:59.140] and I assure you this is like 250 bucks for Jurisdictionary,
[01:04:59.140 --> 01:05:01.540] and it is way worth it.
[01:05:02.820 --> 01:05:05.860] You know, when those lights come on in my review mirror,
[01:05:05.860 --> 01:05:08.180] I do not get excited.
[01:05:08.180 --> 01:05:10.420] I was recently at the Department of Public Safety,
[01:05:10.420 --> 01:05:12.660] and I wanted an ID.
[01:05:12.660 --> 01:05:14.340] They said, well, if you get an ID,
[01:05:14.340 --> 01:05:16.420] you'll have to turn in your driver's license.
[01:05:16.420 --> 01:05:18.180] I don't want to turn in my driver's license.
[01:05:18.180 --> 01:05:19.380] I just want an ID.
[01:05:19.380 --> 01:05:21.060] They insisted I'd have to turn in my license,
[01:05:21.060 --> 01:05:23.140] and they brought a DPS guy in,
[01:05:23.140 --> 01:05:26.020] and he said, Mr. Kelton, if you get an ID,
[01:05:26.020 --> 01:05:27.940] you won't be able to drive away from here today.
[01:05:27.940 --> 01:05:29.460] I said, sure, Ken, there's my car out there.
[01:05:29.460 --> 01:05:31.460] I'll just go jump in it, and I'll take off.
[01:05:31.460 --> 01:05:34.660] Oh, no, no, I'll pull you over and write you a ticket.
[01:05:34.660 --> 01:05:39.380] And I leaned over the counter, and I said,
[01:05:40.260 --> 01:05:43.220] if you write me a traffic citation,
[01:05:44.020 --> 01:05:47.300] I will give you a romp through the legal system
[01:05:47.300 --> 01:05:49.700] you are not going to believe.
[01:05:50.980 --> 01:05:54.340] And I meant exactly what I said.
[01:05:55.460 --> 01:05:57.940] You want to play hardball with me, Bubba?
[01:05:58.980 --> 01:06:00.740] I've been through Jurisdictionary.
[01:06:00.740 --> 01:06:03.460] We will dance, and you won't like it.
[01:06:04.660 --> 01:06:06.900] If you had been through Jurisdictionary,
[01:06:06.900 --> 01:06:10.340] the things that you're complaining about
[01:06:10.340 --> 01:06:12.260] with your lawyer wouldn't have happened.
[01:06:13.460 --> 01:06:17.460] Now, did your wife give notice of intent to appeal?
[01:06:17.460 --> 01:06:21.380] Yes, sir, and their response was, well, we figured that.
[01:06:22.660 --> 01:06:23.780] That's okay.
[01:06:23.780 --> 01:06:25.220] That's not a response.
[01:06:25.220 --> 01:06:27.460] That's just a smart aleck remark.
[01:06:27.460 --> 01:06:28.260] Right.
[01:06:28.260 --> 01:06:33.940] Okay, now, now we back up and begin to sharpshoot them.
[01:06:39.060 --> 01:06:42.260] One of the issues you bring on appeal
[01:06:42.260 --> 01:06:45.940] is insufficient representation of counsel.
[01:06:47.220 --> 01:06:51.860] That will almost always, if you can show that counsel,
[01:06:51.860 --> 01:06:57.460] act in concert collusion with the prosecution
[01:06:57.460 --> 01:07:00.020] in order to ensure that your wife
[01:07:00.020 --> 01:07:03.220] did not have grounds for appeal.
[01:07:03.220 --> 01:07:05.620] That's normally what court appointed counsel does.
[01:07:07.060 --> 01:07:09.860] Then this will almost get you back to the trial court.
[01:07:10.580 --> 01:07:12.660] Jeff in Mississippi, who was on earlier,
[01:07:13.460 --> 01:07:16.900] he got a new trial for exactly that reason.
[01:07:19.060 --> 01:07:24.260] But I will make time early in the week to go down
[01:07:24.260 --> 01:07:28.660] and have a look at the records in Weatherford.
[01:07:28.660 --> 01:07:29.940] They know me there.
[01:07:30.820 --> 01:07:33.540] Judge Buckner specifically knows me.
[01:07:35.140 --> 01:07:37.380] They kind of, that kind of seemed the case
[01:07:37.380 --> 01:07:40.500] when they were talking about some of the stuff after,
[01:07:40.500 --> 01:07:42.500] some of the stuff that they put in there,
[01:07:42.500 --> 01:07:44.500] it seemed the case when they said
[01:07:44.500 --> 01:07:46.740] that she couldn't speak of radio shows
[01:07:46.740 --> 01:07:48.100] and all kinds of stuff in this.
[01:07:50.340 --> 01:07:52.180] So it was a motion of Lamine.
[01:07:52.180 --> 01:07:52.900] L-I-M-I-N-E.
[01:07:54.900 --> 01:07:58.020] Motion to remind, you mean remand?
[01:07:59.620 --> 01:08:01.540] L-I-M-I-N-E.
[01:08:02.340 --> 01:08:03.860] Oh, motion in Lemony.
[01:08:05.940 --> 01:08:06.440] Yes, sir.
[01:08:08.580 --> 01:08:10.900] They had, you couldn't speak of radio stations?
[01:08:12.660 --> 01:08:14.580] I want to see that motion in Lemony.
[01:08:17.380 --> 01:08:19.700] It may be because they know me.
[01:08:19.700 --> 01:08:23.780] Judge Buckner, I had a friend that was in there
[01:08:23.780 --> 01:08:25.460] and he filed a habeas corpus.
[01:08:27.060 --> 01:08:29.140] So I went down there and they said they never heard,
[01:08:29.140 --> 01:08:30.980] they told me they never heard the habeas.
[01:08:31.860 --> 01:08:36.420] So I went down there and pulled the habeas out of the record
[01:08:37.540 --> 01:08:38.740] and then I asked the clerk,
[01:08:38.740 --> 01:08:40.580] where's the return on the habeas?
[01:08:41.780 --> 01:08:44.180] And she said she didn't know what I was talking about.
[01:08:44.180 --> 01:08:46.100] I said, there's a habeas in the record.
[01:08:46.100 --> 01:08:50.260] But there's no, there's evidence of hearings being held
[01:08:50.260 --> 01:08:52.260] after the habeas was filed.
[01:08:53.220 --> 01:08:55.220] But there's no return on the habeas.
[01:08:56.180 --> 01:08:58.260] And she said, well, okay, so what?
[01:08:58.260 --> 01:08:59.300] I said, so what?
[01:09:00.340 --> 01:09:01.940] The habeas is the great writ.
[01:09:03.140 --> 01:09:05.940] Everything stands down before the writ.
[01:09:07.540 --> 01:09:09.460] So when the habeas was filed,
[01:09:09.460 --> 01:09:12.500] the court could do nothing until it heard the habeas.
[01:09:12.500 --> 01:09:15.300] But I don't see any evidence where they heard the habeas.
[01:09:15.300 --> 01:09:18.100] So they said, well, you need to go over to the court itself.
[01:09:18.100 --> 01:09:22.660] So I went down and I was talking to a clerk in the court
[01:09:22.660 --> 01:09:24.420] where the judge's court was,
[01:09:24.420 --> 01:09:26.740] not in the county clerk's office.
[01:09:27.940 --> 01:09:32.940] And this guy come out in black shirt, black pants,
[01:09:33.780 --> 01:09:35.460] short guy, white hair.
[01:09:37.620 --> 01:09:39.380] And he's telling me,
[01:09:39.380 --> 01:09:42.180] that, you know, I have to go get this from the county clerk.
[01:09:42.180 --> 01:09:44.180] And I told him I was just at the county clerk
[01:09:45.220 --> 01:09:47.220] and the county clerk doesn't have it.
[01:09:47.220 --> 01:09:49.220] So I came here to request it from here.
[01:09:49.220 --> 01:09:51.220] And I have a written request for it.
[01:09:51.220 --> 01:09:52.660] And he said, well, we don't have it,
[01:09:52.660 --> 01:09:53.620] so we can't give it to you.
[01:09:53.620 --> 01:09:56.980] And I said, that's okay, I'll give you the request
[01:09:56.980 --> 01:09:59.220] and you just give me your response.
[01:09:59.220 --> 01:10:01.860] It says we have no records responsive to your request.
[01:10:02.820 --> 01:10:06.660] And then he said something that gave me the response.
[01:10:06.660 --> 01:10:10.020] And then he said something that gave me a clue.
[01:10:10.020 --> 01:10:11.220] And I said, wait a minute,
[01:10:12.980 --> 01:10:14.660] are you the judge in this case?
[01:10:15.780 --> 01:10:17.540] And he said, well, yes, I am.
[01:10:17.540 --> 01:10:19.060] I can't be talking to you.
[01:10:19.940 --> 01:10:20.580] Oh, you can't?
[01:10:20.580 --> 01:10:21.220] Well, why not?
[01:10:21.220 --> 01:10:23.620] Well, I'm gonna be filing criminal charges against you.
[01:10:23.620 --> 01:10:26.980] So it would be inappropriate for me to be talking to you.
[01:10:28.660 --> 01:10:32.820] And the look on his face was priceless.
[01:10:32.820 --> 01:10:34.740] I left there and went straight
[01:10:34.740 --> 01:10:36.740] to the district attorney's office
[01:10:38.180 --> 01:10:41.620] and asked for a district attorney
[01:10:41.620 --> 01:10:43.860] to take my criminal complaint against the judge.
[01:10:43.860 --> 01:10:46.980] And they sent out these two guys with pistols.
[01:10:48.420 --> 01:10:53.420] And I saw the pistols and I said, are you guys ADAs?
[01:10:54.180 --> 01:10:56.500] Meaning Assistant District Attorneys.
[01:10:56.500 --> 01:10:58.180] I said, no, we're investigators.
[01:10:58.180 --> 01:10:59.620] And I don't need you, you're dismissed.
[01:10:59.620 --> 01:11:01.460] I need an ADA.
[01:11:01.460 --> 01:11:04.100] Well, what is your issue?
[01:11:04.100 --> 01:11:05.300] I said, I have an issue
[01:11:05.300 --> 01:11:08.100] that you don't have the authority to address.
[01:11:08.980 --> 01:11:13.780] I need a district attorney so that I can make it known
[01:11:13.780 --> 01:11:16.900] to a district attorney under Article 2.03
[01:11:16.900 --> 01:11:20.340] that a crime has been committed by Judge Spuckner
[01:11:20.340 --> 01:11:23.540] in violation of 3903 Penal Code.
[01:11:23.540 --> 01:11:27.380] And you're in no position to take notice for the ADA.
[01:11:27.380 --> 01:11:29.060] Well, you don't have to file it with us.
[01:11:29.060 --> 01:11:32.660] I said, no, this is for the district attorney.
[01:11:32.660 --> 01:11:34.340] Well, you're going to have to leave the building.
[01:11:34.340 --> 01:11:38.660] And I said, well, see, Willekers,
[01:11:39.620 --> 01:11:42.100] I see that you got a pistol on your hip.
[01:11:43.380 --> 01:11:45.060] Yes, I do.
[01:11:45.060 --> 01:11:47.220] Tell me, is that pistol loaded?
[01:11:47.220 --> 01:11:49.700] No, I just carry around an empty weapon.
[01:11:49.700 --> 01:11:51.300] Don't get smart with me.
[01:11:51.300 --> 01:11:53.700] If you got bullets in that pistol or not.
[01:11:53.700 --> 01:11:57.140] I said, yes, he does. That's all I needed.
[01:11:57.140 --> 01:11:58.980] And then they ordered me to leave the building
[01:11:58.980 --> 01:12:01.140] and physically drug me down the stairs,
[01:12:02.100 --> 01:12:03.940] shoved me out the door.
[01:12:05.220 --> 01:12:09.220] I got to my car and didn't have my keys.
[01:12:09.220 --> 01:12:11.620] I went through their metal detector
[01:12:11.620 --> 01:12:14.420] and picked up everything but my keys.
[01:12:14.420 --> 01:12:16.420] And I come back to the door
[01:12:16.420 --> 01:12:18.580] and the bank is still looking out at me.
[01:12:18.580 --> 01:12:20.820] And I tap it, and it's gone.
[01:12:20.820 --> 01:12:23.860] And the bank is still looking out at me.
[01:12:23.860 --> 01:12:25.300] Tap, tap, tap on the door.
[01:12:25.300 --> 01:12:27.380] It was open. It was unlocked.
[01:12:27.380 --> 01:12:29.140] They come over and open the door.
[01:12:29.140 --> 01:12:31.220] This older baby, he was kind of a fun guy.
[01:12:32.340 --> 01:12:34.180] Well, Mr. Kelton, I see you're back.
[01:12:35.140 --> 01:12:36.420] He's grinning real big.
[01:12:36.420 --> 01:12:37.460] He knows why I'm back.
[01:12:39.060 --> 01:12:41.460] Yeah, this is a bit awkward here.
[01:12:43.060 --> 01:12:45.700] Would you happen to know where my car keys are?
[01:12:45.700 --> 01:12:48.580] He held them up and jiggled them.
[01:12:48.580 --> 01:12:51.380] Yes, as a matter of fact, I would.
[01:12:51.380 --> 01:12:52.180] I got my keys.
[01:12:54.100 --> 01:12:56.740] In the parking lot, I called the sheriff's department,
[01:12:56.740 --> 01:12:58.980] got ahold of the captain and asked him to come down
[01:12:58.980 --> 01:13:01.220] and arrest these two guys for first degree felon
[01:13:01.220 --> 01:13:02.340] in the aggravated assault.
[01:13:04.100 --> 01:13:06.500] And he said, well, he wasn't going to arrest anybody.
[01:13:07.540 --> 01:13:09.940] I said, well, you're a certified peace officer
[01:13:09.940 --> 01:13:10.980] in the state of Texas?
[01:13:10.980 --> 01:13:11.940] Yes, I am.
[01:13:11.940 --> 01:13:13.220] So you're going to shield these guys
[01:13:13.220 --> 01:13:15.780] from prosecution, violation 3805, penal code?
[01:13:15.780 --> 01:13:17.220] Well, I'm not going to arrest them.
[01:13:17.220 --> 01:13:18.820] Yeah, that'll work for me, baby.
[01:13:20.180 --> 01:13:21.620] We'll be in touch.
[01:13:21.620 --> 01:13:22.420] And I got up on him.
[01:13:23.460 --> 01:13:25.620] Well, I really didn't want to get beat up
[01:13:25.620 --> 01:13:27.060] and thrown in jail that day.
[01:13:27.060 --> 01:13:30.820] So I went on home and started making up my complaints.
[01:13:30.820 --> 01:13:33.300] And a few hours later, I got a call from this guy
[01:13:33.300 --> 01:13:35.060] and he said, what did you do?
[01:13:36.340 --> 01:13:36.900] I said, why?
[01:13:36.900 --> 01:13:38.660] Man, they drug me into court
[01:13:38.660 --> 01:13:43.860] and then couldn't get me out of Weatherford County,
[01:13:43.860 --> 01:13:46.660] Weatherford County, Parker County fast enough.
[01:13:49.700 --> 01:13:53.780] So, and I had hammered them a time or two before.
[01:13:53.780 --> 01:13:55.300] So they knew me real well.
[01:13:56.260 --> 01:13:58.260] I will go down there early in the week
[01:13:58.260 --> 01:14:02.100] and have a look at the record myself.
[01:14:02.740 --> 01:14:07.860] But you need to put, to find out who the court reporter was.
[01:14:09.700 --> 01:14:10.180] Yes, sir.
[01:14:10.180 --> 01:14:14.260] And send a letter to the court reporter
[01:14:14.260 --> 01:14:16.980] and request a transcript of the case.
[01:14:19.860 --> 01:14:23.940] What may get this overturned and may get your wife out
[01:14:25.300 --> 01:14:28.180] is when they realize that you've got somebody
[01:14:28.180 --> 01:14:30.260] helping you to sharp shoot them.
[01:14:32.340 --> 01:14:35.140] You want to request your,
[01:14:35.140 --> 01:14:39.300] or go to the State Bar Association
[01:14:39.300 --> 01:14:44.500] and request any bar grievances filed against your attorney.
[01:14:45.940 --> 01:14:46.900] Already done.
[01:14:46.900 --> 01:14:48.100] Oh, oh, no, nevermind.
[01:14:48.100 --> 01:14:49.140] I apologize.
[01:14:49.140 --> 01:14:50.820] I talked to my neighbor, but I didn't request that.
[01:14:52.500 --> 01:14:54.020] She ended up not having an attorney
[01:14:54.020 --> 01:14:55.700] and having been doing it herself.
[01:14:56.660 --> 01:14:58.180] Okay, did she?
[01:14:58.180 --> 01:15:00.260] She was gonna just play Angry Birds anyway.
[01:15:00.260 --> 01:15:02.340] So she said she wouldn't want somebody
[01:15:02.340 --> 01:15:04.420] that would just play Angry Birds helping her.
[01:15:04.420 --> 01:15:05.460] We wouldn't help her anyway.
[01:15:06.100 --> 01:15:08.420] Okay, that was a mistake.
[01:15:08.420 --> 01:15:13.380] But she did fire the attorney before the final hearing.
[01:15:13.380 --> 01:15:14.820] She never hired the attorney.
[01:15:14.820 --> 01:15:16.100] We've got it on-
[01:15:16.100 --> 01:15:17.620] No, no, no, listen, listen.
[01:15:17.620 --> 01:15:18.260] Stop, stop.
[01:15:19.300 --> 01:15:21.140] Was she appointed counsel?
[01:15:22.340 --> 01:15:22.820] Yes, sir.
[01:15:22.820 --> 01:15:25.860] And about 10 minutes later, after he threatened her,
[01:15:25.860 --> 01:15:28.020] she said that you are not going to represent me.
[01:15:28.900 --> 01:15:30.900] Okay, that'll work.
[01:15:32.260 --> 01:15:33.700] And I've got it on tape.
[01:15:33.700 --> 01:15:34.740] Okay, you understand.
[01:15:34.740 --> 01:15:37.060] He was hired when he was appointed.
[01:15:38.340 --> 01:15:39.140] Yeah, okay, sir.
[01:15:39.140 --> 01:15:41.460] And he was under contract.
[01:15:42.420 --> 01:15:44.500] He was under contract with the state,
[01:15:44.500 --> 01:15:47.540] but your wife was the intended third-party beneficiary
[01:15:47.540 --> 01:15:48.420] of that contract.
[01:15:49.380 --> 01:15:53.940] So he was counsel, and because of his behavior,
[01:15:53.940 --> 01:15:55.620] she fired him as counsel.
[01:15:57.300 --> 01:15:57.800] Yes, sir.
[01:15:58.900 --> 01:16:01.780] She should have asked for another counsel,
[01:16:01.780 --> 01:16:04.580] but you didn't know that yet.
[01:16:04.580 --> 01:16:07.620] And this gives you an effective claim
[01:16:07.620 --> 01:16:10.180] for denial of adequate counsel.
[01:16:11.780 --> 01:16:15.700] Now, first thing to do is go after this lawyer big time.
[01:16:15.700 --> 01:16:17.060] Have you bargrieved him yet?
[01:16:18.420 --> 01:16:18.920] Have I?
[01:16:19.380 --> 01:16:23.460] No, I talked to the criminal division
[01:16:24.980 --> 01:16:26.740] of the Bar Association for the state,
[01:16:26.740 --> 01:16:28.740] and they're supposed to be sending me some paperwork.
[01:16:28.740 --> 01:16:29.460] Can you fill it out?
[01:16:29.460 --> 01:16:30.820] I talked to an investigator today.
[01:16:30.820 --> 01:16:33.300] Okay, we're about to go to break.
[01:16:33.300 --> 01:16:37.380] When we come back, we'll talk about bar grievances
[01:16:37.380 --> 01:16:39.300] and how if you file a bar grievance
[01:16:39.300 --> 01:16:40.900] against this lawyer, the state bar,
[01:16:40.900 --> 01:16:43.780] I'll get that grievance and throw it in the trash.
[01:16:44.420 --> 01:16:46.020] And that's a good thing.
[01:16:46.020 --> 01:16:47.860] When we come back, I'll explain why.
[01:16:47.860 --> 01:16:50.500] This is Randy Kelton, Deborah Stevens,
[01:16:50.500 --> 01:16:55.220] rule of our radio, our caller number 512-646-1984.
[01:16:55.220 --> 01:17:05.220] We'll be right back.
[01:17:25.540 --> 01:17:27.700] phone calls, how to get debt collectors out
[01:17:27.700 --> 01:17:30.500] of your credit report, how to turn the financial tables
[01:17:30.500 --> 01:17:33.620] on them and make them pay you to go away.
[01:17:33.620 --> 01:17:36.500] The Michael Miras proven method is the solution
[01:17:36.500 --> 01:17:38.500] for how to stop debt collectors.
[01:17:38.500 --> 01:17:40.820] Personal consultation is available as well.
[01:17:40.820 --> 01:17:44.260] For more information, please visit ruleoflawradio.com
[01:17:44.260 --> 01:17:46.500] and click on the blue Michael Miras banner
[01:17:46.500 --> 01:17:49.300] or email michaelmiras.yahoo.com.
[01:17:49.300 --> 01:17:51.620] That's ruleoflawradio.com
[01:17:51.620 --> 01:17:57.140] or email michaelmiras.yahoo.com
[01:17:57.140 --> 01:17:59.540] to learn how to stop debt collectors now.
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[01:18:59.460 --> 01:19:27.460] Okay, we are back.
[01:19:27.460 --> 01:19:30.740] Randy Kelton, Rule of Law Radio, and we're talking to Jim in Texas.
[01:19:31.380 --> 01:19:34.420] Okay, Jim, I'm going to go through some of the basics.
[01:19:35.540 --> 01:19:36.040] Yes, sir.
[01:19:36.980 --> 01:19:39.700] Best if you get jurisdiction area in both.
[01:19:39.700 --> 01:19:43.140] You and your wife go through it when we get her out of there.
[01:19:43.140 --> 01:19:44.260] Is she in jail now?
[01:19:45.300 --> 01:19:45.780] Yes, sir.
[01:19:45.780 --> 01:19:47.700] She's been in jail since Monday afternoon.
[01:19:48.260 --> 01:19:48.760] Okay.
[01:19:50.420 --> 01:19:51.940] We'll start with jurisdiction area.
[01:19:51.940 --> 01:19:58.180] That will give you a good overview of how things are supposed to work.
[01:19:58.180 --> 01:19:58.680] Yes, sir.
[01:19:59.380 --> 01:20:03.940] The thing that makes them crazy and has the greatest effect
[01:20:05.060 --> 01:20:07.060] is when you begin to sharp shoot them.
[01:20:08.020 --> 01:20:09.540] There are some rules.
[01:20:10.980 --> 01:20:13.780] Never give public officials legal advice.
[01:20:15.700 --> 01:20:19.460] It is a natural tendency when you know you have rights
[01:20:19.460 --> 01:20:22.100] and someone is violating one of your rights
[01:20:22.820 --> 01:20:28.340] to give them fair warning and notice that they're violating your rights.
[01:20:29.300 --> 01:20:30.900] Well, that's civil behavior.
[01:20:32.100 --> 01:20:34.740] Well, this is not the civil arena.
[01:20:34.740 --> 01:20:38.660] This is the legal arena, and there are a different set of rules here.
[01:20:39.940 --> 01:20:43.780] In the legal arena, Bushwhack is the name of the game.
[01:20:43.780 --> 01:20:52.580] In that vein, never ask a public official to do anything you actually want him to do.
[01:20:53.540 --> 01:20:57.780] Kind of like asking him for his oath of office, and he leaned over the bench and told her, no.
[01:20:58.740 --> 01:21:00.740] Oh, wonderful.
[01:21:00.740 --> 01:21:02.740] Yes, he did.
[01:21:02.740 --> 01:21:05.780] I'll go down and ask him for his oath of office.
[01:21:05.780 --> 01:21:07.780] And just say, no.
[01:21:08.420 --> 01:21:09.380] Right there on the record.
[01:21:10.420 --> 01:21:10.980] Okay.
[01:21:10.980 --> 01:21:11.940] That's what I'm talking about.
[01:21:11.940 --> 01:21:15.060] Okay. That's why you need the transcript.
[01:21:18.580 --> 01:21:21.300] When you ask for a transcript, they're going to get real tense.
[01:21:22.980 --> 01:21:26.500] And if you get any nonsense from the court recorder,
[01:21:28.420 --> 01:21:36.020] then you immediately file a complaint against her with the governing agency for court reporters.
[01:21:36.020 --> 01:21:42.980] Now, if you file a bar grievance against an attorney, the bar will get that grievance
[01:21:42.980 --> 01:21:45.540] and throw it in the trash, and I'll get to that in a second.
[01:21:46.500 --> 01:21:49.700] But if you file a complaint against a court reporter,
[01:21:50.900 --> 01:21:55.700] their oversight agency will hook in gear immediately.
[01:21:56.900 --> 01:22:01.300] And that court reporter will be really, really unhappy.
[01:22:02.020 --> 01:22:04.500] We had one in the family court recently.
[01:22:04.500 --> 01:22:08.900] Where the woman's trying to get a transcript, the court reporter's dragging her feet.
[01:22:10.020 --> 01:22:11.540] They filed a complaint.
[01:22:11.540 --> 01:22:14.980] She had to go down to Austin and appear before a board.
[01:22:15.940 --> 01:22:18.900] And the board would give a recommendation.
[01:22:19.540 --> 01:22:24.020] If she did not agree with the recommendation of the board,
[01:22:24.500 --> 01:22:26.820] she would have to face criminal prosecution.
[01:22:28.740 --> 01:22:30.740] That was a big deal.
[01:22:30.740 --> 01:22:36.260] And they wound up with the court reporter throwing the district attorney under the bus.
[01:22:37.380 --> 01:22:39.380] Oh, it was glorious.
[01:22:39.380 --> 01:22:46.260] Okay, we request the transcript from the court reporter.
[01:22:47.940 --> 01:22:51.140] And then I'll give you some written requests.
[01:22:51.140 --> 01:22:55.140] And actually, they will recognize the form of my request.
[01:22:55.140 --> 01:23:00.660] We'll go to jurisimprudence.com.
[01:23:00.660 --> 01:23:02.660] Jurisimprudence.
[01:23:02.660 --> 01:23:06.660] That's J-U-R-I-S.
[01:23:06.660 --> 01:23:12.660] Oh, now I'm talking about Jurisimprudence, my site.
[01:23:12.660 --> 01:23:17.860] Now, Jurisdictionary, you go to the link on the website.
[01:23:17.860 --> 01:23:18.660] Yes.
[01:23:18.660 --> 01:23:25.620] This, everybody listening should go through Jurisdictionary.
[01:23:25.620 --> 01:23:31.620] Jurisdictionary teaches the stuff they don't teach lawyers in law school.
[01:23:31.620 --> 01:23:37.620] In law school, they teach lawyers how to argue legal issues.
[01:23:37.620 --> 01:23:42.500] They don't teach them how to file motions, how to get motions put on for pleading, for hearing,
[01:23:42.500 --> 01:23:48.100] when to file certain kinds of motions, when to file a complaint, when to file a complaint.
[01:23:48.100 --> 01:23:53.380] Certain kinds of motions, when not to, all this stuff that is the practice of law.
[01:23:54.180 --> 01:23:58.660] They don't teach that stuff in law school because all the jurisdictions are somewhat
[01:23:58.660 --> 01:23:59.540] slightly different.
[01:24:00.340 --> 01:24:04.580] And rather than teach all that, they expect that when the lawyer gets out, for the most part,
[01:24:04.580 --> 01:24:08.020] he'll be picked up by a law firm and the law firm will teach him all this stuff.
[01:24:08.980 --> 01:24:10.020] Well, they don't teach it.
[01:24:11.940 --> 01:24:14.500] The lawyers, for the most part, have to learn it once they get out.
[01:24:14.500 --> 01:24:20.260] But the same thing you'll find in Jurisdictionary, how to file motions, when to file motions,
[01:24:20.260 --> 01:24:24.660] what kind of motions are pleading to file, all this technical stuff.
[01:24:24.660 --> 01:24:31.220] Somebody, if I get a caller who's been through Jurisdictionary, takes no time at all that I
[01:24:31.220 --> 01:24:31.540] know of.
[01:24:31.540 --> 01:24:39.540] I had Mark out of Wisconsin, his son got arrested in a car with some other guys over some dope
[01:24:39.540 --> 01:24:42.100] they found in the console that wasn't his car.
[01:24:42.100 --> 01:24:43.300] They charged him with the dope.
[01:24:43.300 --> 01:24:46.020] I said, did you file for the habeas corpus?
[01:24:46.020 --> 01:24:46.580] I did that.
[01:24:47.220 --> 01:24:48.420] Did they hear the habeas corpus?
[01:24:48.420 --> 01:24:48.980] No, they didn't.
[01:24:48.980 --> 01:24:50.420] Did you file for a mandamus?
[01:24:50.420 --> 01:24:50.980] I did that.
[01:24:51.620 --> 01:24:54.180] Everything I suggested he should do, he already did.
[01:24:55.380 --> 01:24:59.860] Because he went through Jurisdictionary now, he's got a good basic understanding
[01:24:59.860 --> 01:25:01.140] of how all this should go.
[01:25:03.140 --> 01:25:05.700] Then we go back and look at what they actually did.
[01:25:05.700 --> 01:25:11.220] When they arrested your wife, did they take her directly to the nearest magistrate or
[01:25:11.220 --> 01:25:13.780] did they take her directly to jail?
[01:25:13.780 --> 01:25:17.220] No, they took her directly to jail and she was demanding the magistrate.
[01:25:17.940 --> 01:25:18.740] Wonderful.
[01:25:18.740 --> 01:25:20.340] Good for her.
[01:25:20.340 --> 01:25:20.740] Okay.
[01:25:21.380 --> 01:25:28.740] When she was brought before a judge at the jail, did the judge have in his hand when
[01:25:28.740 --> 01:25:36.820] she first saw the judge a document, a folder with information about her in that document,
[01:25:36.820 --> 01:25:37.780] in that folder?
[01:25:38.740 --> 01:25:39.700] Not that I know of.
[01:25:39.700 --> 01:25:42.900] I know that that's where he did her bail and read her rights.
[01:25:42.900 --> 01:25:43.620] No, no, hold on.
[01:25:43.620 --> 01:25:44.180] Listen, listen.
[01:25:44.180 --> 01:25:46.260] I'm asking real specific questions.
[01:25:47.060 --> 01:25:48.900] I do not know the answer to that question.
[01:25:48.900 --> 01:25:49.400] Okay.
[01:25:50.260 --> 01:25:57.220] When a person is brought before a magistrate, a magistrate can do three things in Texas.
[01:25:58.900 --> 01:26:02.340] Magistrate can marry people, but that's so they can make a few extra bucks.
[01:26:03.700 --> 01:26:06.820] They can hold an examining trial and set bail.
[01:26:06.820 --> 01:26:07.700] That's what they can do.
[01:26:07.700 --> 01:26:08.900] Yes, sure.
[01:26:08.900 --> 01:26:10.100] Okay.
[01:26:10.100 --> 01:26:16.100] This would set bail, but in order to set bail, they have to make a determination of probable
[01:26:16.100 --> 01:26:19.940] cause first and they do that by holding an examining trial and they hold an examining
[01:26:19.940 --> 01:26:23.220] trial under Chapter 16, Texas Code of Criminal Procedure.
[01:26:23.940 --> 01:26:26.420] There's a whole bunch of stuff they're supposed to do.
[01:26:29.140 --> 01:26:34.900] And the first, right up early in Chapter 16, I think it's 1604,
[01:26:34.900 --> 01:26:40.420] states that the rules of evidence apply in a magistrate court.
[01:26:42.100 --> 01:26:52.180] So if you go to court, like when you went into the trial here, if either party has
[01:26:53.140 --> 01:27:00.740] something to present to the court, they offer it in open court and opposing party has
[01:27:00.740 --> 01:27:05.220] opportunity to look at it and raise an objection.
[01:27:05.220 --> 01:27:08.900] So the last time I was arrested in Williamson County, when I tried to get them to arrest
[01:27:08.900 --> 01:27:13.700] a prosecutor and a judge, they brought me before this magistrate and I said to the magistrate,
[01:27:13.700 --> 01:27:16.740] I said, your honor, I see that you have a folder there in front of you.
[01:27:17.460 --> 01:27:20.260] Does that folder have information about me in it?
[01:27:20.260 --> 01:27:22.020] He said, yes, Mr. Kelkyn, it does.
[01:27:23.220 --> 01:27:26.340] Tell me, judge, where did you get that?
[01:27:26.340 --> 01:27:30.580] And he got real tense because he knew exactly what I was asking.
[01:27:31.140 --> 01:27:38.580] How did that evidence get presented to the court without me having an opportunity to object to it?
[01:27:40.580 --> 01:27:44.260] It appears not to have been presented in accordance with the rules of evidence.
[01:27:44.260 --> 01:27:46.420] And he knew exactly where I was going.
[01:27:47.940 --> 01:27:48.500] Yes, sir.
[01:27:49.220 --> 01:27:51.300] They couldn't get me out of there fast enough.
[01:27:51.300 --> 01:28:03.460] The way you take these guys on is on the details of code, and before you take them on, on details
[01:28:03.460 --> 01:28:07.300] of code, you want to sharpshoot them.
[01:28:08.340 --> 01:28:15.940] You start asking them for records so that they will say, why is he asking for this?
[01:28:15.940 --> 01:28:16.900] But don't ever tell them.
[01:28:16.900 --> 01:28:24.020] And when you go in and ask a public official to do something, they are going to not want to do it.
[01:28:24.020 --> 01:28:30.660] Never, ever let that upset you because you never ask a public official to do anything
[01:28:30.660 --> 01:28:38.020] you actually want him to do because you never ask a public official to do anything
[01:28:38.020 --> 01:28:40.740] that the law does not require him to do.
[01:28:40.740 --> 01:28:46.340] And when he doesn't do what the law requires to him to do, whatever you do, don't tell him.
[01:28:48.260 --> 01:28:50.900] Because if you tell him, he might do it.
[01:28:52.900 --> 01:28:59.380] If he doesn't do it and you don't tell him, then you go to a magistrate and file criminal charges,
[01:28:59.380 --> 01:29:05.780] the criminal violation 39.03 Texas Penal Code, official oppression, in that he failed to perform
[01:29:05.780 --> 01:29:10.980] a duty he was required to perform, and in the process, deny June the full free access to
[01:29:10.980 --> 01:29:12.900] her enjoyment right, you want him arrested.
[01:29:14.580 --> 01:29:16.900] That is so much fun.
[01:29:16.900 --> 01:29:18.420] You will not believe it.
[01:29:19.460 --> 01:29:20.660] Hang on, hang on.
[01:29:20.660 --> 01:29:21.700] We're about to go to break.
[01:29:21.700 --> 01:29:25.700] When I come back, I'll go directly to bar grievances.
[01:29:26.900 --> 01:29:32.340] One of the most powerful things you can do to a lawyer is file a bar grievance.
[01:29:32.340 --> 01:29:38.660] Whether he's a prosecutor or defense counsel, the state bar will get that bar grievance
[01:29:38.660 --> 01:29:40.020] and throw it in the trash.
[01:29:40.020 --> 01:29:42.580] That is a really, really good thing.
[01:29:42.580 --> 01:29:46.660] And this time, when I come back, I'll actually go to record to and state why that's a good
[01:29:46.660 --> 01:29:47.220] thing.
[01:29:47.220 --> 01:30:03.060] Randy Kelton, the rule of law radio, I call it number 512-646-1984, we'll be right back.
[01:30:03.060 --> 01:30:07.060] Fake tanning is marketed as a safe way to get that healthy glow without spending time in
[01:30:07.060 --> 01:30:10.660] the sun, but it's actually not so safe after all.
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[01:30:17.140 --> 01:30:19.140] Privacy is under attack.
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[01:30:22.740 --> 01:30:27.140] And once your privacy is gone, you'll find your freedoms will start to vanish too.
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[01:30:29.300 --> 01:30:33.140] Say no to surveillance and keep your information to yourself.
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[01:32:59.300 --> 01:33:02.660] May not actually be kidding about chemtrails.
[01:33:02.660 --> 01:33:29.780] You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:29.780 --> 01:33:32.980] Okay, we are back. Randy Kelton, Rule of Law Radio.
[01:33:34.420 --> 01:33:36.580] And we're talking to Jim in Texas.
[01:33:36.580 --> 01:33:37.220] Okay, Jim.
[01:33:38.180 --> 01:33:38.660] Yes, sir.
[01:33:39.300 --> 01:33:40.500] Bar grievance.
[01:33:40.500 --> 01:33:43.780] If you file a bar grievance with the State Bar of Texas,
[01:33:43.780 --> 01:33:46.580] makes no difference what you accuse the lawyer of.
[01:33:47.220 --> 01:33:51.780] You will get a letter back from the State Bar of Texas saying that we examined into
[01:33:51.780 --> 01:33:56.260] your accusation and find it does not rise to the level of misconduct.
[01:33:56.260 --> 01:34:02.100] If you're accusing him of pushing a pickup load of dead babies off a cliff,
[01:34:02.740 --> 01:34:08.660] they're going to send you that same computer-generated letter no matter what.
[01:34:10.020 --> 01:34:11.060] That's what the bar does.
[01:34:11.060 --> 01:34:12.180] The bar is not there.
[01:34:12.980 --> 01:34:15.380] They're supposed to be there to police lawyers,
[01:34:15.940 --> 01:34:19.780] but they're really there as a public relations agency for the lawyers.
[01:34:21.700 --> 01:34:22.660] And that's a good thing.
[01:34:22.660 --> 01:34:28.340] And the reason it's a good thing is their insurance carrier knows they're going to throw
[01:34:29.300 --> 01:34:31.300] every bar grievance in the trash.
[01:34:32.340 --> 01:34:34.500] So how do they gauge their level of risk?
[01:34:35.300 --> 01:34:36.900] By valid bar grievances?
[01:34:36.900 --> 01:34:38.900] Like they throw them out in the trash.
[01:34:40.100 --> 01:34:41.300] By the numbers.
[01:34:42.180 --> 01:34:46.500] One bar grievance your first year in practice, they will cancel immediately.
[01:34:47.940 --> 01:34:50.260] Two bar grievances, any one year of practice.
[01:34:50.260 --> 01:34:53.460] If you've been practicing 20 years, they'll cancel.
[01:34:54.340 --> 01:34:57.780] Three, they'll cancel your law firms malpractice insurance.
[01:34:58.660 --> 01:34:59.460] Consider this.
[01:34:59.460 --> 01:35:02.580] You get a new car, you go down to Walmart, you go in, you come out,
[01:35:02.580 --> 01:35:04.660] somebody's backed into it and bashed in a fender.
[01:35:06.100 --> 01:35:10.180] You call the insurance company, they fix it, they bump your rates.
[01:35:11.380 --> 01:35:14.820] You go back next month, you come out, somebody's backed in another fender.
[01:35:16.100 --> 01:35:16.820] They come out.
[01:35:16.820 --> 01:35:17.460] Not your fault.
[01:35:17.460 --> 01:35:18.500] You didn't have anything to do with it.
[01:35:18.500 --> 01:35:20.340] They come out, they fix it, they cancel.
[01:35:21.300 --> 01:35:24.340] Your fault, their fault, nobody's fault, they don't care.
[01:35:25.140 --> 01:35:27.860] You are an unacceptable risk.
[01:35:29.300 --> 01:35:32.900] I had a lawyer tell me that is patently unfair.
[01:35:32.900 --> 01:35:35.460] And I'm standing there grinning from ear to ear.
[01:35:36.260 --> 01:35:39.780] And he said, ooh, I shouldn't have told you that.
[01:35:40.500 --> 01:35:43.780] I said, no, you should not.
[01:35:44.660 --> 01:35:46.500] You bar grieve your attorney.
[01:35:46.500 --> 01:35:50.660] If he's been practicing a while, they'll double his malpractice insurance.
[01:35:50.660 --> 01:35:53.700] And it generally starts about 25 grand a year.
[01:35:57.220 --> 01:36:00.420] You bar grieve him a second time, they'll cancel.
[01:36:01.700 --> 01:36:05.300] Then he has to go back and try to reset malpractice insurance.
[01:36:05.300 --> 01:36:10.980] If you bar grieve the attorney, he has to notify his insurance carrier.
[01:36:10.980 --> 01:36:16.900] He's got to tell on himself, because if he doesn't, and you sue him for malpractice,
[01:36:16.900 --> 01:36:17.540] he's not covered.
[01:36:20.340 --> 01:36:23.140] Say, okay, guys, you want to play hardball?
[01:36:24.260 --> 01:36:27.460] Well, we introduce you to the deep end of the pool, the judge.
[01:36:28.900 --> 01:36:31.380] The judge has a bond.
[01:36:31.940 --> 01:36:33.700] It's actually an insurance policy.
[01:36:35.940 --> 01:36:39.860] And you file a judicial complaint, and the judge says, well, I'm going to
[01:36:39.860 --> 01:36:43.380] and you file a judicial conduct complaint against the judge, and the state commission
[01:36:43.380 --> 01:36:45.300] on judicial conduct is just like the bar.
[01:36:46.820 --> 01:36:49.220] They're going to do everything they can to protect him.
[01:36:49.860 --> 01:36:57.620] They will never sanction a judge, no matter what he does, unless he makes some high level
[01:36:58.660 --> 01:37:03.700] public official or person with a lot of political clout mad at him.
[01:37:03.700 --> 01:37:09.380] And politics are going to judge sanctioned, almost nothing else.
[01:37:10.340 --> 01:37:18.660] Judges can do anything they want to, and there is no oversight, except for their bond carrier.
[01:37:20.820 --> 01:37:22.580] The judge can't get bonded.
[01:37:23.220 --> 01:37:26.580] That's a requirement of holding the position.
[01:37:26.580 --> 01:37:32.100] Every time he gets a judicial conduct complaint, his bond rating goes up.
[01:37:33.220 --> 01:37:35.700] Makes no difference what the complaint is.
[01:37:36.820 --> 01:37:45.540] Now, if you file a bar grievance, they are not going to say a word to you about it.
[01:37:47.220 --> 01:37:51.940] If they do say a word to you about it, you bar grievance for that.
[01:37:53.940 --> 01:37:54.900] They're forbidden.
[01:37:54.900 --> 01:38:00.180] Yeah, I come to complain to Bethesda's business attorney with a county attorney,
[01:38:00.180 --> 01:38:01.460] but I didn't go very far.
[01:38:03.460 --> 01:38:08.260] So never, ever give fair warning.
[01:38:09.300 --> 01:38:09.860] Yes, sure.
[01:38:10.580 --> 01:38:12.500] They will treat that as a threat.
[01:38:15.060 --> 01:38:16.660] Better if you set them up.
[01:38:18.020 --> 01:38:22.180] One of the most powerful things I've done in Tarrant County is that we didn't have
[01:38:22.180 --> 01:38:28.340] a court, a friend of mine was having a hearing and I stood up at the bar.
[01:38:29.620 --> 01:38:34.020] And this judge had thrown David in jail a couple of times.
[01:38:34.580 --> 01:38:35.700] He was a real stinker.
[01:38:37.060 --> 01:38:38.900] He looked up at me and he said, can I help you?
[01:38:38.900 --> 01:38:39.700] Yes, Your Honor.
[01:38:39.700 --> 01:38:40.820] My name is Randall Kelton.
[01:38:40.820 --> 01:38:42.180] I have a hearing deficiency.
[01:38:42.180 --> 01:38:44.100] Well, Mr. Kelton, just what's wrong with your hearing?
[01:38:44.100 --> 01:38:49.220] Oh, Judge, I was down in Mexico the other day and I drank too much of that cheap tequila
[01:38:49.220 --> 01:38:50.420] and lost my hearing aid.
[01:38:50.420 --> 01:38:53.220] Well, I was lying to him, head in my pocket.
[01:38:53.220 --> 01:38:55.300] Well, why are you telling me this?
[01:38:55.300 --> 01:38:57.460] I said, well, do you have a combination with a hearing impaired?
[01:38:57.460 --> 01:38:58.580] No, Mr. Kelton, I do not.
[01:38:59.300 --> 01:39:01.140] I see you have a sound system here.
[01:39:01.140 --> 01:39:01.860] Will you turn it up?
[01:39:01.860 --> 01:39:02.580] No, I will not.
[01:39:03.140 --> 01:39:04.980] Well, then will you speak up?
[01:39:04.980 --> 01:39:05.540] And he did.
[01:39:05.540 --> 01:39:07.380] Told the bailiff that I'd sit down and shut up.
[01:39:07.380 --> 01:39:08.580] He threw me out of the courtroom.
[01:39:10.020 --> 01:39:11.060] So I had my hearing.
[01:39:11.060 --> 01:39:14.260] When I was done, I walked to the bar and I pointed to the bailiff, you come with me.
[01:39:15.220 --> 01:39:19.140] We get outside and the bailiff said, Mr. Kelton, what can I do for you?
[01:39:19.140 --> 01:39:20.500] I need you to arrest the judge.
[01:39:21.380 --> 01:39:22.740] Well, why would I arrest a judge?
[01:39:22.740 --> 01:39:27.380] Class A misdemeanor, official oppression, criminal violation 3903 penal code.
[01:39:27.940 --> 01:39:31.140] In that he failed to perform a duty he was required to perform in the process.
[01:39:31.140 --> 01:39:34.100] Denied me and the full and free access to your enjoyment right.
[01:39:34.740 --> 01:39:37.780] And the bailiff said, well, Mr. Kelton, what right did he deny you in?
[01:39:38.500 --> 01:39:43.060] He denied me and my right to accommodation under the Americans with Disabilities Act.
[01:39:43.940 --> 01:39:48.500] The bailiff said, well, Mr. Kelton, why didn't you tell the judge about the Americans with
[01:39:48.500 --> 01:39:49.540] Disabilities Act?
[01:39:50.980 --> 01:39:54.020] Heck, if I'd have done that, he might've turned the sound up.
[01:39:56.900 --> 01:40:02.260] And the bailiff stood there a minute and this grin came across his face.
[01:40:02.260 --> 01:40:04.900] He said, well, you set him up.
[01:40:04.900 --> 01:40:06.980] Yeah, he was a sucker for that one, wasn't he?
[01:40:08.180 --> 01:40:15.060] That has had more effect on these judges and justices of the peace in Travis and
[01:40:15.060 --> 01:40:18.420] Tarrant and Dallas County than about anything else I've done.
[01:40:20.500 --> 01:40:27.700] Now the word is, if that no good rotten scoundrel, Randall Kelton, comes into your courtroom,
[01:40:28.500 --> 01:40:30.100] he is setting you up.
[01:40:31.860 --> 01:40:32.740] They are right.
[01:40:34.420 --> 01:40:38.020] If he goes to any public official and asks them for anything, he's setting you up.
[01:40:38.580 --> 01:40:39.700] And that's right, I am.
[01:40:40.980 --> 01:40:42.260] So don't screw with me.
[01:40:42.260 --> 01:40:49.060] I went to Arlington two days ago, city of Arlington, and asked the security guard, cops
[01:40:49.060 --> 01:40:53.540] sitting there at the front, where do I go to look at the criminal files?
[01:40:54.740 --> 01:40:57.220] He said, the police department.
[01:40:57.220 --> 01:40:58.100] No, no, no, no.
[01:40:58.100 --> 01:41:01.300] You're telling me that this court doesn't keep its own files?
[01:41:01.300 --> 01:41:02.580] Well, we only keep tickets.
[01:41:02.580 --> 01:41:03.620] Those are criminal.
[01:41:03.620 --> 01:41:05.220] Where do I go to see those?
[01:41:05.220 --> 01:41:07.380] He said, well, are these your tickets?
[01:41:07.380 --> 01:41:08.340] I said, no.
[01:41:08.340 --> 01:41:09.380] Are you an attorney?
[01:41:09.380 --> 01:41:09.940] No.
[01:41:09.940 --> 01:41:12.500] Well, then you can't look at those.
[01:41:12.500 --> 01:41:13.540] Say, what?
[01:41:13.540 --> 01:41:17.460] Oh, you can't look at other people's criminal cases.
[01:41:17.460 --> 01:41:19.860] Do you have a supervisor?
[01:41:19.860 --> 01:41:21.460] Yes, I do.
[01:41:21.460 --> 01:41:22.180] Get it.
[01:41:22.180 --> 01:41:24.260] Well, what do you need a supervisor for?
[01:41:24.260 --> 01:41:26.180] I need a supervisor to arrest you.
[01:41:27.380 --> 01:41:28.260] Huh?
[01:41:28.260 --> 01:41:29.620] Just skip the supervisor.
[01:41:29.620 --> 01:41:31.220] So he calls a supervisor.
[01:41:31.220 --> 01:41:32.980] Supervisor comes out and says, what can I do for you?
[01:41:32.980 --> 01:41:34.020] I need you to arrest him.
[01:41:35.060 --> 01:41:36.340] Well, why would I arrest him?
[01:41:36.340 --> 01:41:40.820] Well, I say, Mr. Meter, official oppression, criminal violation,
[01:41:40.820 --> 01:41:45.140] 3903 penal code, in that he failed to perform the duty he required to perform,
[01:41:45.140 --> 01:41:49.460] or he exerted or purported to exert an authority he did not expressly have,
[01:41:50.020 --> 01:41:53.460] and in the process denied me the full and free access to enjoyment right.
[01:41:53.460 --> 01:41:55.060] Well, what right did he deny you?
[01:41:55.060 --> 01:41:58.180] And he denied me my right to a public court.
[01:42:00.180 --> 01:42:02.020] And the officer's sitting there.
[01:42:02.020 --> 01:42:05.380] He ain't believing what's going on here.
[01:42:07.780 --> 01:42:11.540] I didn't tell him that I could see these if I want to.
[01:42:12.180 --> 01:42:15.620] The law says I got a right to this, blah, blah, blah.
[01:42:15.620 --> 01:42:16.660] I didn't do all of that.
[01:42:17.620 --> 01:42:21.220] I called somebody else and asked him to take the complaint.
[01:42:21.220 --> 01:42:23.860] Well, this guy, he don't want to take the complaint.
[01:42:24.980 --> 01:42:26.420] He said, well, I can't take this.
[01:42:26.420 --> 01:42:28.660] You'll have to call the internal affairs.
[01:42:28.660 --> 01:42:29.380] No, no, no.
[01:42:29.380 --> 01:42:30.100] Look at this guy.
[01:42:30.100 --> 01:42:32.820] All the buttons are on his uniform.
[01:42:32.820 --> 01:42:34.180] His uniform's not dirty.
[01:42:34.820 --> 01:42:36.340] He didn't use any foul language.
[01:42:36.340 --> 01:42:38.180] I don't have a professional complaint.
[01:42:38.180 --> 01:42:39.380] Well, then what's your problem?
[01:42:39.380 --> 01:42:43.700] I have a criminal accusation, and I need you to take that criminal accusation.
[01:42:43.700 --> 01:42:45.300] Are you a certified peace officer?
[01:42:45.300 --> 01:42:46.500] He said, yes, I am.
[01:42:46.500 --> 01:42:51.220] Under 2.13 Texas Code of Criminal Procedure, you have a duty to enforce law.
[01:42:51.220 --> 01:42:53.140] I'm making it known to you that the crime has been committed.
[01:42:53.140 --> 01:42:54.580] I need you to do your job.
[01:42:54.580 --> 01:42:56.020] Well, I'm not going to take a complaint.
[01:42:57.060 --> 01:42:58.580] Oh, okay.
[01:42:58.580 --> 01:43:03.540] So, you're going to shield him from prosecution in violation of 3805 Petal Code.
[01:43:03.540 --> 01:43:04.580] That'll work for me.
[01:43:04.580 --> 01:43:06.420] I need you to get your supervisor.
[01:43:07.940 --> 01:43:11.700] Oh, this is so much fun, you won't believe it.
[01:43:13.860 --> 01:43:15.300] Actually, it's too much fun.
[01:43:16.260 --> 01:43:24.020] You get to like it way too much, but you'll also get to where they do not want anything
[01:43:24.020 --> 01:43:24.820] to do with you.
[01:43:24.820 --> 01:43:29.220] They want your wife out of that jail as fast as they can get her out of there, and they
[01:43:29.220 --> 01:43:31.860] won't ever want her sighted again.
[01:43:32.900 --> 01:43:37.860] We have Scott Richardson who calls in on occasion, and that's what his position is.
[01:43:37.860 --> 01:43:39.140] They don't want anything to do with him.
[01:43:39.860 --> 01:43:42.180] Hang on, Randy Kelton, we have our radio.
[01:43:43.540 --> 01:43:48.660] When we come back, I will try to kind of step through some of the steps you need to take.
[01:43:49.860 --> 01:43:52.900] Since it's our last segment, so you kind of understand how to handle this.
[01:43:52.900 --> 01:44:00.020] We'll be right back.
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[01:46:22.740 --> 01:46:30.020] Okay, we are back.
[01:46:30.020 --> 01:46:33.460] Randy Kelton, Rule of Law Radio, and we're talking to Jim in Texas.
[01:46:34.260 --> 01:46:39.860] Okay, first thing, Jim, I'll come down there early next week,
[01:46:40.820 --> 01:46:42.580] but you've got to agree to one thing.
[01:46:43.700 --> 01:46:44.660] Whatever you need.
[01:46:46.100 --> 01:46:48.500] They throw me in jail, you've got to bail me out.
[01:46:48.500 --> 01:46:50.500] Okay, sir.
[01:46:50.500 --> 01:46:53.940] I went down with Debra.
[01:46:55.060 --> 01:46:56.260] She's here in the background.
[01:46:56.260 --> 01:47:00.340] We went down to Williamson County and she took my car keys away from me.
[01:47:02.580 --> 01:47:03.620] That was a good thing.
[01:47:04.180 --> 01:47:07.860] That way all of them could get home when I got thrown in jail.
[01:47:09.940 --> 01:47:10.420] Yes, sir.
[01:47:10.980 --> 01:47:12.740] It happens on occasion.
[01:47:14.180 --> 01:47:17.300] Not so often anymore because I've gotten better at it.
[01:47:17.300 --> 01:47:21.220] These rules I've been giving you, I follow these rules,
[01:47:22.500 --> 01:47:26.980] and they realize real fast that somebody's setting them up.
[01:47:28.820 --> 01:47:33.140] And when they get somebody sharp shooting them, then they want this gone.
[01:47:33.860 --> 01:47:41.460] Now, I have a challenge to subject matter jurisdiction.
[01:47:41.460 --> 01:47:46.340] A challenge to subject matter jurisdiction can be filed at any time,
[01:47:46.340 --> 01:47:48.820] no matter how remote in history.
[01:47:49.700 --> 01:47:57.940] Before that question, was your wife driving a commercial vehicle, a dump truck?
[01:47:57.940 --> 01:47:58.440] No.
[01:47:59.940 --> 01:48:04.740] Was she hauling, transporting people for hire?
[01:48:05.700 --> 01:48:06.200] No.
[01:48:06.200 --> 01:48:14.760] Is there any evidence in the record that would establish reasonable probable cause
[01:48:14.760 --> 01:48:17.720] to believe that your wife was acting in commerce?
[01:48:18.920 --> 01:48:19.880] Absolutely not.
[01:48:19.880 --> 01:48:23.320] As a matter of fact, she filed a affidavit saying that she wasn't.
[01:48:24.040 --> 01:48:24.840] Oh, wonderful.
[01:48:25.880 --> 01:48:28.360] I like it when people do the right things.
[01:48:29.160 --> 01:48:29.660] Okay.
[01:48:29.660 --> 01:48:36.220] Did you request the certification of the officer to, the peace officer,
[01:48:36.220 --> 01:48:39.580] to act in the capacity of a police officer?
[01:48:41.260 --> 01:48:42.460] On the traffic stop?
[01:48:43.260 --> 01:48:43.760] Yeah.
[01:48:46.620 --> 01:48:50.620] Well, we told him we weren't involved in commerce, and then he basically...
[01:48:50.620 --> 01:48:51.120] No, no.
[01:48:51.120 --> 01:48:51.620] Okay.
[01:48:51.620 --> 01:48:52.120] No, hold on.
[01:48:52.120 --> 01:48:52.620] Okay.
[01:48:52.620 --> 01:48:53.120] Anyway.
[01:48:53.120 --> 01:48:55.420] One of the things you've got to get good at.
[01:48:56.380 --> 01:48:56.880] Yes, sir.
[01:48:56.880 --> 01:49:04.260] Is answering a question with laser focus.
[01:49:05.780 --> 01:49:06.280] Yes, sir.
[01:49:06.860 --> 01:49:13.420] When you go in and start hammering these guys, never volunteer anything,
[01:49:14.940 --> 01:49:21.100] unless you're volunteering something specifically for the purpose of having it
[01:49:22.060 --> 01:49:23.180] said to somebody else.
[01:49:23.180 --> 01:49:28.460] I was just at my courthouse and I saw a sergeant there that I knew.
[01:49:28.460 --> 01:49:30.540] Hello, Mr. Count and how are things going?
[01:49:30.540 --> 01:49:32.140] I said, oh, they're going great.
[01:49:32.140 --> 01:49:33.500] He had on a green uniform.
[01:49:34.300 --> 01:49:36.140] Ah, Sergeant Ellis.
[01:49:36.140 --> 01:49:39.900] I see they've transferred you to animal control.
[01:49:39.900 --> 01:49:44.540] And he looked down at his uniform and he could give me this wry smile
[01:49:44.540 --> 01:49:46.300] because he knows I got a comment.
[01:49:46.300 --> 01:49:48.060] So that means that you got promoted.
[01:49:48.060 --> 01:49:50.540] You're out there picking up dead cats and skunks.
[01:49:50.540 --> 01:49:51.660] It's off the highway now.
[01:49:51.660 --> 01:49:56.300] No, Mr. Kelton, I'm not animal control yet.
[01:49:56.300 --> 01:49:59.660] And then he said, what are you doing down here?
[01:49:59.660 --> 01:50:03.580] I said, oh, I'm down here filing first degree felony aggravated
[01:50:03.580 --> 01:50:05.820] assault charges against the district judge.
[01:50:07.100 --> 01:50:09.020] Well, why are you doing that?
[01:50:09.020 --> 01:50:10.620] Oh, he was a patsy.
[01:50:10.620 --> 01:50:12.140] He set himself up for it.
[01:50:13.180 --> 01:50:15.420] Well, the bailiff was standing right next to him.
[01:50:17.580 --> 01:50:19.980] I said that for the benefit of the bailiff.
[01:50:19.980 --> 01:50:25.980] Mr. Bailiff is going to go tell the judge that I considered him a patsy
[01:50:26.540 --> 01:50:31.340] and that he set himself up so that I could promote my personal agenda.
[01:50:32.300 --> 01:50:33.820] That's exactly what I did.
[01:50:34.540 --> 01:50:35.980] And he was a patsy.
[01:50:36.780 --> 01:50:39.020] And the reason I did that is when I come back in there,
[01:50:40.060 --> 01:50:44.380] I only want to have a fight with this judge if I pick one with him.
[01:50:45.020 --> 01:50:47.260] I don't want him starting any crap over with me.
[01:50:47.260 --> 01:50:50.300] So now he knows that if he starts any crap with me,
[01:50:50.300 --> 01:50:55.900] I'll roll over him like a steamroller and have no compunction about ruining his career.
[01:50:56.860 --> 01:51:03.660] Okay. So never give them legal advice, never give them fair warning.
[01:51:05.180 --> 01:51:06.220] They don't deserve it.
[01:51:06.940 --> 01:51:12.060] You want them to think you're setting them up when you go down and ask for records.
[01:51:12.060 --> 01:51:19.180] Ask for records, and this is where you really start stinging them, is you ask for records
[01:51:19.180 --> 01:51:23.100] in such a way that they won't know what you're looking for.
[01:51:24.860 --> 01:51:25.900] Here's the deal.
[01:51:26.620 --> 01:51:35.260] The more corrupt a jurisdiction is, the more frightened they are.
[01:51:36.780 --> 01:51:40.540] Williamson County, Texas is well known as the most corrupt county in the state.
[01:51:40.540 --> 01:51:46.540] And everywhere I go, everybody says, oh, my county is the most corrupt county in the nation.
[01:51:46.540 --> 01:51:47.820] Everybody says it.
[01:51:47.820 --> 01:51:51.820] But in Williamson County, he really was the most corrupt.
[01:51:54.620 --> 01:51:57.580] Alex Jones won't drive through Williamson County.
[01:51:59.580 --> 01:52:03.420] So I'm down there and I asked to see this guy's file.
[01:52:03.420 --> 01:52:07.500] I went down there with him and told him, don't tell anybody I'm with you.
[01:52:07.500 --> 01:52:09.980] So I go up to the, he's going to see the prosecuting attorney.
[01:52:09.980 --> 01:52:11.100] I go see the clerk.
[01:52:11.100 --> 01:52:13.260] I want to see this file and they go pull it out.
[01:52:13.980 --> 01:52:17.100] And I look at it and I said, where's the criminal complaint?
[01:52:17.100 --> 01:52:18.060] I don't see it in here.
[01:52:18.780 --> 01:52:19.820] Well, this is all we get.
[01:52:20.460 --> 01:52:21.660] Now, wait a minute, wait a minute.
[01:52:23.580 --> 01:52:28.860] I want to see the sealed envelope that you received this in from the justice of the people
[01:52:28.860 --> 01:52:30.060] or from the magistrate.
[01:52:31.100 --> 01:52:32.940] And he said, I don't know what you're talking about.
[01:52:32.940 --> 01:52:33.980] Get somebody who does.
[01:52:35.100 --> 01:52:36.940] Oh, well, I'll get my supervisor.
[01:52:36.940 --> 01:52:37.340] Thank you.
[01:52:37.340 --> 01:52:42.780] Supervisor comes and I asked, where is the sealed envelope in which you received all
[01:52:42.780 --> 01:52:44.620] this information from the magistrate?
[01:52:46.300 --> 01:52:48.220] Well, we didn't receive it from the magistrate.
[01:52:48.220 --> 01:52:49.580] Who did you get it from?
[01:52:49.580 --> 01:52:51.420] We got this from the prosecuting attorney.
[01:52:53.340 --> 01:52:56.140] Ooh, where's the criminal complaint?
[01:52:56.140 --> 01:52:57.180] I don't see it in here.
[01:52:57.980 --> 01:52:59.740] Well, we don't get those.
[01:53:00.300 --> 01:53:06.140] How on earth do you initiate a criminal prosecution without a probable cause determined
[01:53:06.140 --> 01:53:08.140] from a magistrate in a criminal complaint?
[01:53:08.780 --> 01:53:10.300] Well, this is how we do it.
[01:53:10.300 --> 01:53:11.500] I think we're done here.
[01:53:12.140 --> 01:53:17.820] So I leave, I go over to this county attorney's office and give them an information request
[01:53:18.620 --> 01:53:19.420] for these records.
[01:53:19.420 --> 01:53:23.420] I won't spend all the time going into precisely how I did it, but they had no idea what I
[01:53:23.420 --> 01:53:24.220] was asking for.
[01:53:25.260 --> 01:53:30.300] I asked for all the records collected, similar to maintained by the department that are
[01:53:30.300 --> 01:53:33.820] specifically referenced by article 17.30 code of criminal procedure.
[01:53:33.820 --> 01:53:37.900] That's the article that tells a magistrate after an examining trial to seal all the documents
[01:53:37.900 --> 01:53:41.740] had in the hearing cause his name to be written across the seal of the envelope before the
[01:53:41.740 --> 01:53:43.340] clerk of the court of jurisdiction.
[01:53:43.340 --> 01:53:45.100] That's what I was asking the clerk for.
[01:53:45.100 --> 01:53:46.140] They didn't have it.
[01:53:46.140 --> 01:53:48.140] Said the prosecutor would have it.
[01:53:48.780 --> 01:53:50.940] Prosecutors said they didn't know what I was talking about.
[01:53:50.940 --> 01:53:53.100] Well, don't ask me, ask the legislature.
[01:53:53.100 --> 01:53:54.300] I didn't write the code.
[01:53:54.300 --> 01:53:54.940] They did.
[01:53:56.460 --> 01:54:01.740] Then I went and sat in a courtroom and was just taking notes.
[01:54:01.740 --> 01:54:10.780] And right now, what went on, and they send this young prosecutor comes over and he said,
[01:54:10.780 --> 01:54:11.340] sir, sir.
[01:54:11.340 --> 01:54:12.540] And I looked up and said, yes.
[01:54:13.420 --> 01:54:15.500] Do you have a case in this court today?
[01:54:15.500 --> 01:54:16.300] No.
[01:54:16.300 --> 01:54:17.260] I go back to writing.
[01:54:17.980 --> 01:54:19.740] He stands there a minute, sir, sir.
[01:54:19.740 --> 01:54:20.700] And I look up, yes.
[01:54:21.740 --> 01:54:24.540] Do you have a civil case in this court?
[01:54:24.540 --> 01:54:26.220] Oh, no, no, nothing like that.
[01:54:26.220 --> 01:54:28.700] I go back to writing, ignoring him.
[01:54:28.700 --> 01:54:29.980] He stands there a minute.
[01:54:29.980 --> 01:54:31.820] And then he said, sir, sir.
[01:54:31.820 --> 01:54:36.700] And I look up at him, held up both hands with my palms out, no more questions.
[01:54:37.580 --> 01:54:39.180] And you'd have thought I slapped him.
[01:54:40.140 --> 01:54:43.740] He was stunned and went back to writing, just ignored him.
[01:54:43.740 --> 01:54:47.660] And a little while he went away, and then an older guy after a few minutes came and
[01:54:47.660 --> 01:54:51.740] leaned over the bar and said, sir, I'm the county attorney.
[01:54:51.740 --> 01:54:53.740] Is there something I can do to help you?
[01:54:53.740 --> 01:54:56.380] First, he told me where I could get a docket.
[01:54:56.380 --> 01:54:57.980] I'd asked for an appearance docket.
[01:54:57.980 --> 01:55:00.620] He said, you can get one downstairs at the clerk.
[01:55:00.620 --> 01:55:02.060] I said, I know, the babe told me that.
[01:55:02.060 --> 01:55:02.860] Thank you.
[01:55:02.860 --> 01:55:03.900] And I go back to writing.
[01:55:03.900 --> 01:55:04.780] He says, sir, sir.
[01:55:04.780 --> 01:55:07.500] I said, is there something I can do for you?
[01:55:08.620 --> 01:55:13.500] I looked up and said, if I need you, I will summon you.
[01:55:13.500 --> 01:55:14.700] Until then, you're dismissed.
[01:55:14.700 --> 01:55:15.660] And I go back to writing.
[01:55:17.420 --> 01:55:20.940] He's never had somebody dismiss him in his own court before.
[01:55:22.060 --> 01:55:23.500] So we leave.
[01:55:23.500 --> 01:55:28.220] And Doug, the guy who was arrested for two prescription pills in an aspirin bottle,
[01:55:28.860 --> 01:55:30.380] that he brought them to prescription.
[01:55:30.380 --> 01:55:32.140] They're still prosecuting.
[01:55:32.140 --> 01:55:33.660] They dismissed his case.
[01:55:33.660 --> 01:55:37.900] Took him to a judge and had a judge sign the dismissal order right in front of him.
[01:55:37.900 --> 01:55:39.420] Took him down to the clerk.
[01:55:39.420 --> 01:55:43.020] And the clerk filled out the paperwork to get his bond money back.
[01:55:43.020 --> 01:55:44.140] He got it the next day.
[01:55:45.020 --> 01:55:47.660] He came to a seminar I was doing at Brave New Books.
[01:55:48.300 --> 01:55:51.740] And he said, you ever walked in a room and turned the lights on
[01:55:51.740 --> 01:55:53.820] and watched cockroaches scatter?
[01:55:54.620 --> 01:55:55.980] He said, that's what it looked like.
[01:55:57.820 --> 01:56:01.020] What happened was they had no idea who I was.
[01:56:01.020 --> 01:56:02.060] And I never told them.
[01:56:03.820 --> 01:56:11.740] The more corrupt they are, the bigger and deeper and darker the skeleton they got in their closet,
[01:56:12.380 --> 01:56:14.780] the more they're certain I know what it is.
[01:56:16.620 --> 01:56:20.860] They're going to run home and tweak that closet open.
[01:56:20.860 --> 01:56:22.540] Look at that skeleton in there.
[01:56:22.540 --> 01:56:25.100] And they know that that's why I'm there.
[01:56:25.100 --> 01:56:27.900] The more corrupt they are, the more afraid they'll be.
[01:56:29.420 --> 01:56:34.860] When you don't do what everybody else does, and this is how you do that.
[01:56:37.340 --> 01:56:42.140] When you walk into the courthouse or a public building,
[01:56:42.700 --> 01:56:46.780] you need to understand you're the baddest motor scooter in the building.
[01:56:47.500 --> 01:56:48.300] Absolutely.
[01:56:48.300 --> 01:56:49.740] Yeah.
[01:56:49.740 --> 01:56:54.780] And the reason you're the baddest motor scooter in the building is you are nobody.
[01:56:56.140 --> 01:56:59.740] You're not a judge, you're not a prosecutor, bailiff, court clerk.
[01:57:00.300 --> 01:57:03.180] All of these people are public servants.
[01:57:04.700 --> 01:57:11.580] They're the servants, you're the master, and they are not to forget it.
[01:57:12.300 --> 01:57:15.020] They forget it at their professional peril.
[01:57:15.020 --> 01:57:22.060] And once they understand that you are the master, and you're down there to ensure that
[01:57:22.060 --> 01:57:29.660] they follow your law, and you don't care what they think about it, everything's changes.
[01:57:30.220 --> 01:57:31.820] They will want your wife out of there.
[01:57:31.820 --> 01:57:33.660] They don't want everyone to see her again.
[01:57:33.660 --> 01:57:38.060] I was in jail convicted to a year in prison, $10,000 fine.
[01:57:38.860 --> 01:57:44.220] After 24 days in solitary confinement, I filed a whole bunch of criminal complaints against
[01:57:44.220 --> 01:57:47.820] the judge, and the prosecutor, and the bailiff.
[01:57:49.260 --> 01:57:54.540] Two days I was out, and they already had a conviction on me.
[01:57:54.540 --> 01:57:56.060] Two days, I was out of there.
[01:57:57.980 --> 01:58:00.780] This is a short, we only have two hours today.
[01:58:02.300 --> 01:58:08.220] We can go into more detail tomorrow, and this is how to run the routine on them.
[01:58:08.220 --> 01:58:13.740] And if you want to call back tomorrow, I'll go through how to run the routine on these guys.
[01:58:13.740 --> 01:58:18.300] Just set them up, and start stacking up the charges against their professional careers,
[01:58:18.300 --> 01:58:23.100] so they will want your wife out of there, and they'll ever allow her to get a ticket again.
[01:58:24.540 --> 01:58:26.700] Okay, this is, thank you all for listening.
[01:58:26.700 --> 01:58:30.140] This is Randy Kelton, Debra Stevens, Reel of Our Radio.
[01:58:30.140 --> 01:58:35.100] We'll be back tomorrow night on our Friday night, four-hour info marathon.
[01:58:35.100 --> 01:58:37.900] Thank you all for listening, and good night.
[01:59:05.180 --> 01:59:08.140] To know God and to know the meaning of life.
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