ROL_2016-08-26_16k_Hr1-2.timecode

[00:00.000 --> 00:10.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily bulletins for the commodity market.
[00:10.000 --> 00:23.000]  Today in history, news updates, and the inside scoop into the tides of the alternative.
[00:23.000 --> 00:45.000]  Markets from Monday, the 22nd of August, 2016, are currently treading with gold at $1,336.63 an ounce, silver $18.86 an ounce, Texas crude $47.05 a barrel, and Bitcoin is currently sitting at about $585 U.S. currency.
[00:45.000 --> 01:01.000]  Today in history, the year 1902, the Cadillac Motor Company is founded, and in the same year, President Theodore Roosevelt becomes the first president of the United States to ride in an automobile, though it wasn't a Cadillac.
[01:01.000 --> 01:12.000]  In recent news, a U.S. District Judge Lee Yackel denied the request of three University of Texas and Austin professors to block the implementation of the state's campus carry law.
[01:12.000 --> 01:23.000]  The judge said that the professors had failed to establish a substantial likelihood of ultimate success on the merits of their assertive claims, which were that guns in classrooms violate free speech and equal protection rights.
[01:23.000 --> 01:31.000]  UT President Gregory Finvez said in a written statement that the university would continue to work with faculty members concerned about the law.
[01:31.000 --> 01:51.000]  He added that he's committed to upholding the school's core values of academic freedom and free speech, while Attorney General Ken Paxton said that he was pleased but not surprised by the decision and that there is simply no legal justification to deny licensed, law-abiding citizens on campus the same measure of personal protection they are entitled to elsewhere in Texas.
[01:51.000 --> 02:05.000]  The Rutland Unified School District settled on and agreed to pay out $6 million to a victim of sexual abuse by one of their teachers at one of their high schools.
[02:05.000 --> 02:18.000]  The attorney for the victim, Vince Finaldi, stated that this is the largest child sexual abuse settlement against a public entity in U.S. history, reason being, he is saying, that the school district knew that Laura Whitehurst was sexually abusing students and did nothing about it,
[02:18.000 --> 02:27.000]  though a spokesperson for the district obviously denies that they knew anything about the abuse, clarifying that it was just the district wanting to avoid further costly legal battles.
[02:27.000 --> 02:39.000]  The school district is assuring teachers and parents that the $6 million settlement will not affect its budget for teachers and other educational expenses.
[02:39.000 --> 02:54.000]  If Texas had succeeded before this year, it would have ranked third in the world in the 2016 Olympics. Texas alone took home 42 medals, 26 gold, 6 silver, and 10 bronze in the 2016 Rio de Janeiro Olympics.
[02:54.000 --> 03:08.000]  This is Brooke Rodey for your Laydown August 22, 2016.
[03:08.000 --> 03:13.000]  Thank you for watching!
[03:38.000 --> 03:49.000]  When you were eight and you had that dream, you'd go to school and learn the golden rules. So why are you acting like a bloody fool? If you get high and you must get cool!
[03:49.000 --> 04:00.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you? Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:00.000 --> 04:11.000]  Okay, howdy, howdy, Randy Kelton, Rue La Radio on this Friday, the 26th day of August 2016.
[04:11.000 --> 04:26.000]  On our four-hour info marathon, we have the phone lines open, and they'll be open all night. If you have a question or a comment, give us a call, 512-646-1984.
[04:26.000 --> 04:42.000]  And I'm gonna start out talking about, talking about, I got discombobulated. I'm gonna start talking about judicial conduct.
[04:42.000 --> 04:56.000]  I've been working on the judicial, the canons of, what are they called? Judicial canons. Anyway, I've been working on them.
[04:56.000 --> 05:08.000]  Converting them from statements to questions or, the canons were a little different than the bar association standards.
[05:08.000 --> 05:21.000]  It was relatively easy to convert the bar association standards to questions because the standards said, you shall not do this, you shall not do this, you shall not do this.
[05:21.000 --> 05:25.000]  So I changed it to a question. Did they do this? Did they do this? Did they do this?
[05:25.000 --> 05:45.000]  The judicial canons were a little bit more circumspect. The framers, I guess because they were dealing with judges, did a lot more ducking and dodging and trying to scoot around the edges.
[05:45.000 --> 06:01.000]  So it was a bit more difficult to convert them directly into questions. So what I did instead is convert them into output statements.
[06:01.000 --> 06:20.000]  Well, it says the judge should not do this. I changed it into a direct statement. The judge did this and there's several different layers. The judge failed to do this as follows.
[06:20.000 --> 06:32.000]  When I get it up, it'll be clear, but I'm struggling with it to get it in a format that will be easy for people to go through.
[06:32.000 --> 06:43.000]  This is based on the technology that I've been working on. It's not anything new, just for some reason nobody's done it.
[06:43.000 --> 07:03.000]  It essentially goes to the 20 questions formula. In 20 questions, I can get to just about anything on the planet because the first question cuts the possibilities in half.
[07:03.000 --> 07:28.000]  Then the second question cuts the remaining possibilities in half. So artfully crafting a set of questions can lead you through some very complex information to the specific issues that you're looking for, the American Bar Association standards.
[07:28.000 --> 07:43.000]  In about four to five questions, I can get you to any standard in there. While it's relatively large, if you pull it up and look at the whole thing, you'd think, man, that's a lot of reading.
[07:43.000 --> 07:55.000]  But by using artfully crafted questions, you can just walk through the code and only go to that part that applies to your specific issue at the time.
[07:55.000 --> 08:12.000]  I'm trying to do the same thing to the judicial standards, and I hope to have those up in a week or so. I'm building a website to put them on, and as usual, websites give me apoplexy.
[08:12.000 --> 08:30.000]  They're way too detailed for an old guy like me. But in a week or so, I expect to have this up. Most states have a PDF fill-in-the-blanks document for judicial conduct complaints.
[08:30.000 --> 08:43.000]  And so I'm constructing my questionnaire in a way that when you get to the end of it, it will have created a statement for you.
[08:43.000 --> 09:01.000]  I'm writing it so that where it says the judge should not do this certain thing, I put in a proactive statement, the judge did this thing, and then it goes to a subsection, by way of doing this thing, by way of doing this thing, as follows.
[09:01.000 --> 09:23.000]  After as follows, then you put in the specific details of your particular issue. But this helps in a couple of ways. One, it allows you to mine down through the canons, to take you directly to the canon that most fits your particular issue.
[09:23.000 --> 09:35.000]  And the other, when it gets to as follows, it has allowed you to carefully frame the subject matter.
[09:35.000 --> 10:00.000]  So it will tend to keep you from running around all over the place because we have highly focused what our particular complaint is about. And that way, your complaint will be more specific and you will be encouraged to file more complaints.
[10:00.000 --> 10:12.000]  Because each complaint will go to one canon. But when you look at the canons, you're going to say, oh my goodness, he violated this one, this one, this one, this one, this one.
[10:12.000 --> 10:33.000]  Well, each one of those should get a separate violence, separate grievance against him. So we want to help him out. This is for the purpose of helping to increase the professionalism of the judge.
[10:33.000 --> 10:52.000]  I mean, this is a credible thing to do. I mean, we're helping this judge out, right? Maybe kicked in the behind a little bit, but you know, sometimes it's necessary to make you better at what you do. What don't kill us makes us better.
[10:52.000 --> 11:10.000]  So once I have it together, then I'm going to want everybody to use it all the time. And let's see if we can use this to whip our judges into shape.
[11:10.000 --> 11:33.000]  Now, with that part out of the way, I have bargreens.website up and I actually have judicialconduct.website up. But my server's giving me an issue. If you just type in judicialconduct.website, it won't take you to index.html.
[11:33.000 --> 11:52.000]  Anytime you go to a website, when you put in the URL, the system will look for index.html or index.php. If php is there, run it first. If php is not there, you need to run the HTML file.
[11:52.000 --> 12:03.000]  For some reason, my server's not running the HTML file, but I'll have that pretty soon and then you can go to these sites and begin to look at them.
[12:03.000 --> 12:22.000]  Anyway, so I'm working on that. If anybody happens to be a web designer and they don't have anything better to do and you want nothing more than help me put these sites up, it wouldn't hurt my feelings if I got some assistance in the process.
[12:22.000 --> 12:38.000]  Because when I'm having to learn everything, learn the law, learn how to build the structure, learn how to build the websites, how to do HTML file, it really turns into a lot.
[12:38.000 --> 12:46.000]  Any help I can get plowing through this plethora of details would be greatly appreciated.
[12:46.000 --> 12:58.000]  Okay, with that out of the way, I am working in between these times on my ebook.
[12:58.000 --> 13:22.000]  I have the ebook actually accessible on one of my websites. I think it's on the lawsociety.net. Since I went there last night looking for it and the link was down and I intend to have that up very shortly as well.
[13:22.000 --> 13:31.000]  I'm going to want some folks to go through this thing and criticize it for me.
[13:31.000 --> 13:39.000]  People send me documents and when I get someone's documents, I just rip it to shreds.
[13:39.000 --> 13:52.000]  And I certainly hope that I can get some folks to pull my documents down and rip them to shreds for me. Because it's not really criticism, it's fresh eyes.
[13:52.000 --> 14:12.000]  I can write these things and go over them and over them and glaring obvious errors. I didn't see it the first time so I tend never to see it and I need somebody else to come in there and rip my work to shreds so that we can make it much better.
[14:12.000 --> 14:18.000]  And I will be looking forward to any input in that regard.
[14:18.000 --> 14:32.000]  The thing that really pushed me back to it is I have some people in Georgia who are attempting to take on the grand jury issue.
[14:32.000 --> 14:51.000]  And I was frustrated in that they're doing what legal reformers and conscientious objectors to the nature of the system have always done.
[14:51.000 --> 15:04.000]  We petition, we protest, we try to raise these issues in the general public awareness.
[15:04.000 --> 15:29.000]  And after some 30 years of fighting this issue, it has become clear to me that however obvious it seems to raise something in public awareness, I have not found that to be beneficial.
[15:29.000 --> 15:42.000]  I certainly haven't found it to move me toward my intended outcome. In fact, I have for the most part found the opposite to be true.
[15:42.000 --> 15:57.000]  The more I keep what I'm doing to myself or keep it between me and the person I'm trying to influence, the more effective it tends to be.
[15:57.000 --> 16:08.000]  And these guys in Georgia, they tried to make a citizen's arrest of the prosecuting attorney.
[16:08.000 --> 16:18.000]  Now, I look at that and I thought that's probably a pretty bad move.
[16:18.000 --> 16:31.000]  And they will research their topic. And yes, as a matter of fact, they had the facts and the law on their side.
[16:31.000 --> 16:45.000]  But the facts and the law is not always enough. As a matter of fact, it's become my considered opinion that is never enough in legal 101.
[16:45.000 --> 17:00.000]  I address that issue. So, about to go to break. The boards are open. Call in number is 512-646-1984. We'll be right back.
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[19:30.000 --> 19:40.000]  Okay, we are back. Randy Kelton with our radio on this Friday, the 26th day of August 2016.
[19:40.000 --> 19:47.000]  And we give this, we give the date and we try to give it a couple of times because sometimes we run an archive.
[19:47.000 --> 20:01.000]  If you hear the date and it's not the date that you're listening to this on, you know that we're running an archive and it won't do any good to try to call in.
[20:01.000 --> 20:12.000]  So we try to run archives as seldom as possible, but since we run this radio station out of our own pockets and essentially on a shoestring,
[20:12.000 --> 20:22.000]  we don't always have the resources that we need and sometimes equipment goes down and it takes us a little longer to get it back up.
[20:22.000 --> 20:26.000]  I said us, primarily Deborah.
[20:26.000 --> 20:35.000]  So sometimes we do have to run archives and so that you know when we start the shows, listen for the dates so you can tell.
[20:35.000 --> 20:49.000]  This was not an archive, fortunately, but okay, so I was talking about this group going after grand juries and on the break,
[20:49.000 --> 20:59.000]  the producer brought up a concern that he had read an article where grand juries had been impaneled and pretty well paid for.
[20:59.000 --> 21:14.000]  Well, I have never seen that. It's my experience that prosecutors and judges are terrified of grand juries
[21:14.000 --> 21:18.000]  and they're terrified of grand juries because they're made up of people like you and I.
[21:18.000 --> 21:32.000]  Now they can try to stack the grand jury all they want to, but their problem is unless they pack the grand jury with court employees,
[21:32.000 --> 21:42.000]  they got people like us on the grand jury and once they've impaneled that grand jury, they don't have any control.
[21:42.000 --> 21:51.000]  It's kind of like launching a rocket. Once you've launched it, you better hope you have everything programmed right
[21:51.000 --> 21:55.000]  because you don't have any control over it anymore.
[21:55.000 --> 22:05.000]  Once they launch the grand jury, the grand jury runs on its own and in looking at the minutes of the grand jury,
[22:05.000 --> 22:12.000]  we have minutes here in Texas and you almost certainly have something similar in other states.
[22:12.000 --> 22:24.000]  When I looked at the minutes in Travis County, every single grand jury session had at least one nobile
[22:24.000 --> 22:31.000]  and that told me that they were paying attention, that they weren't just rubber stamping what was coming in front of them.
[22:31.000 --> 22:41.000]  Yes, I understand. The prosecutor gets to manipulate what he puts in front of a grand jury
[22:41.000 --> 22:46.000]  and it appears the grand jury understands that.
[22:46.000 --> 22:56.000]  So they tend to look at what the prosecutor brings as heavily weighed against the defendant
[22:56.000 --> 23:01.000]  and from my experience, they take that into account.
[23:01.000 --> 23:12.000]  So they tend to consider what the prosecutor brings them and tells them with a certain amount of skepticism
[23:12.000 --> 23:21.000]  and I believe that is the primary reason that prosecutors work so hard to keep us away from those grand jurors
[23:21.000 --> 23:24.000]  because they're terrified of them.
[23:24.000 --> 23:30.000]  The last thing the prosecutor wants is us presenting the prosecutor to the grand jury
[23:30.000 --> 23:34.000]  because he has no clue.
[23:34.000 --> 23:41.000]  He may think he has a good rapport with them, but he doesn't know.
[23:41.000 --> 23:47.000]  Most likely when a public official is presented to a grand jury,
[23:47.000 --> 23:54.000]  likely the grand jury is going to be very reluctant to indict a public official,
[23:54.000 --> 23:57.000]  especially with kind of complaints I file.
[23:57.000 --> 24:04.000]  I file complaints that accuse public officials of following policy.
[24:04.000 --> 24:15.000]  So I'm asking a grand jury to indict the person for following the rules as he knows them to be.
[24:15.000 --> 24:22.000]  But even so, you just never know.
[24:22.000 --> 24:33.000]  Trying to follow the rules and wind up getting presented, it's still a crapshoot.
[24:33.000 --> 24:36.000]  It's always a crapshoot.
[24:36.000 --> 24:43.000]  I have some complaints against my local district judge and the local Texas ranger
[24:43.000 --> 24:46.000]  as well as the director of the Department of Public Safety
[24:46.000 --> 24:49.000]  that I'm pushing to present before a grand jury.
[24:49.000 --> 24:53.000]  I gave them to the prosecutor and he's kind of,
[24:53.000 --> 25:01.000]  I only put them in his hand under the condition that he would give them to the grand jury
[25:01.000 --> 25:05.000]  instead of me giving them to the bailiff and requesting that the bailiff do it.
[25:05.000 --> 25:08.000]  But he hasn't got it done yet.
[25:08.000 --> 25:16.000]  So the next meeting of the grand jury, I will take them myself.
[25:16.000 --> 25:21.000]  Won't ask the district attorney, I'll just go straight to the bailiff,
[25:21.000 --> 25:25.000]  put them in the bailiff's hands and get that done.
[25:25.000 --> 25:30.000]  And then if he has an objection, he can certainly raise it and we'll hear it.
[25:30.000 --> 25:34.000]  Two weeks ago, I had a meeting with the district attorney.
[25:34.000 --> 25:41.000]  The assistant district attorney, she's been an assistant district attorney
[25:41.000 --> 25:44.000]  for 20 years that I know of.
[25:44.000 --> 25:47.000]  Really sharp, sharp woman.
[25:47.000 --> 25:55.000]  She is in the process of applying for a professorship in a local law school.
[25:55.000 --> 25:57.000]  So she's really sharp.
[25:57.000 --> 26:05.000]  And she was concerned that the prosecutor had discretion in this matter.
[26:05.000 --> 26:11.000]  And we had a meeting and she brought up issues,
[26:11.000 --> 26:16.000]  but she didn't know that this was my topic.
[26:16.000 --> 26:22.000]  And I was all over her with statute and case law.
[26:22.000 --> 26:28.000]  So they are in the process of establishing a policy.
[26:28.000 --> 26:36.000]  And she wanted to make sure that the policy was in keeping with the intent of the legislature.
[26:36.000 --> 26:42.000]  So I'm hoping that by working with the prosecutor this way
[26:42.000 --> 26:46.000]  and not starting to fight with him when I don't have to,
[26:46.000 --> 26:50.000]  that I can encourage him to write a policy.
[26:50.000 --> 26:55.000]  They have no problem with us going to a grand jury.
[26:55.000 --> 27:00.000]  And that may be because this particular prosecutor,
[27:00.000 --> 27:09.000]  if ever I have come across a prosecuting attorney whose moral center was exactly in place,
[27:09.000 --> 27:12.000]  it is this prosecutor.
[27:12.000 --> 27:15.000]  He does what he believes is right.
[27:15.000 --> 27:22.000]  And I have never seen him do anything that I could construe otherwise.
[27:22.000 --> 27:26.000]  So I could not be more pleased with this guy.
[27:26.000 --> 27:29.000]  And he is very well respected.
[27:29.000 --> 27:39.000]  The police especially respects him because he knows that they're not going to manipulate him.
[27:39.000 --> 27:45.000]  So he is developing a policy.
[27:45.000 --> 27:47.000]  And he doesn't care if we go to the grand jury.
[27:47.000 --> 27:50.000]  He said to me, I don't care.
[27:50.000 --> 27:52.000]  Ring before a magistrate.
[27:52.000 --> 27:54.000]  I'd love them to do that.
[27:54.000 --> 27:58.000]  The magistrate eliminated a lot of stuff I wouldn't have to deal with.
[27:58.000 --> 28:01.000]  And as far as you go into the grand jury, I don't care.
[28:01.000 --> 28:03.000]  I don't have anything to do with it.
[28:03.000 --> 28:06.000]  I don't have any responsibility for it.
[28:06.000 --> 28:10.000]  So that's really the right way to think about it.
[28:10.000 --> 28:18.000]  So if I can get a well-written policy in the county I live in,
[28:18.000 --> 28:34.000]  then I can take that policy and wave it in front of the legislature and say,
[28:34.000 --> 28:38.000]  this is something you can adopt into legislation.
[28:38.000 --> 28:39.000]  It has been adopted.
[28:39.000 --> 28:41.000]  It is being used.
[28:41.000 --> 28:45.000]  And it has cost no extra funding.
[28:45.000 --> 28:49.000]  And it has created no legal issues.
[28:49.000 --> 28:53.000]  But it has increased the public trust.
[28:53.000 --> 28:58.000]  So I'm hoping that he will give me a benchmark.
[28:58.000 --> 29:05.000]  And I'm working to get the county I live in as a benchmark
[29:05.000 --> 29:07.000]  for the changes that I want to make.
[29:07.000 --> 29:10.000]  We just got a new municipal judge,
[29:10.000 --> 29:15.000]  and I'm going to go talk to the city council and the municipal judge
[29:15.000 --> 29:22.000]  to see if I can't get them to implement a traffic law process
[29:22.000 --> 29:28.000]  that is exactly in line with code so that I can use that as a benchmark.
[29:28.000 --> 29:29.000]  Hang on, we're about to go to break.
[29:29.000 --> 29:32.000]  Randy Kelton, Wheel of Law Radio.
[29:32.000 --> 29:36.000]  I call it number 512-646-1984.
[29:36.000 --> 29:37.000]  Raider, I see you there.
[29:37.000 --> 29:40.000]  I'll pick you up when we come back on the other side.
[29:40.000 --> 29:45.000]  I just had a little more I wanted to address on this topic.
[29:45.000 --> 29:50.000]  I'm kind of excited because 30 years of research and work
[29:50.000 --> 29:53.000]  are beginning to come to some fruition.
[29:53.000 --> 30:01.000]  Hang on, we'll be right back.
[30:01.000 --> 30:03.000]  Is noisy work killing you?
[30:03.000 --> 30:04.000]  Could these say researchers?
[30:04.000 --> 30:07.000]  A new study finds that hearing loss may be the least of your health
[30:07.000 --> 30:09.000]  worries in a loud workplace.
[30:09.000 --> 30:10.000]  I'm Dr. Catherine Albrecht,
[30:10.000 --> 30:13.000]  and I'll be back to tell you more in just a moment.
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[30:43.000 --> 30:46.000]  Noise at work could be killing you, literally.
[30:46.000 --> 30:49.000]  A new study looked at employees who worked in noisy environments
[30:49.000 --> 30:51.000]  for at least a year and a half.
[30:51.000 --> 30:53.000]  They found their risk of serious heart trouble
[30:53.000 --> 30:56.000]  was triple that of employees who worked in a quiet environment.
[30:56.000 --> 30:58.000]  What is a noisy workspace?
[30:58.000 --> 31:00.000]  Researchers say if you have to raise your voice
[31:00.000 --> 31:03.000]  to carry on a normal conversation, it's noisy.
[31:03.000 --> 31:04.000]  By that definition,
[31:04.000 --> 31:08.000]  more than 22 million Americans face noise hazards on the job every day.
[31:08.000 --> 31:10.000]  If finding a quieter job isn't an option,
[31:10.000 --> 31:13.000]  take precautions to help offset the effects of noise.
[31:13.000 --> 31:15.000]  Use earplugs, take good care of yourself,
[31:15.000 --> 31:18.000]  and limit the other stressors in your life.
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[33:09.000 --> 33:11.000]  Okay, we are back.
[33:11.000 --> 33:17.000]  Randy Kelton, Rule of Law Radio, and we're going to...
[33:17.000 --> 33:24.000]  Well, okay, I'm going to finish up on grand jury thing.
[33:24.000 --> 33:26.000]  I am encouraged.
[33:26.000 --> 33:31.000]  It turns out we really do have public officials who want to do the right thing,
[33:31.000 --> 33:34.000]  and they're trapped in a system they didn't create,
[33:34.000 --> 33:39.000]  and they tend to follow law the way it's always been done.
[33:39.000 --> 33:45.000]  And after all of this time in the area that I live in,
[33:45.000 --> 33:51.000]  I've gained a certain amount of respect and consideration,
[33:51.000 --> 33:59.000]  so I may have an opportunity to get the local municipalities that I live in.
[33:59.000 --> 34:08.000]  It's a very small town, to implement a policy where when someone's written a ticket
[34:08.000 --> 34:11.000]  and they sign that notice to appear,
[34:11.000 --> 34:18.000]  that instead of signing a notice to appear on or before a certain time,
[34:18.000 --> 34:22.000]  signing a notice to appear on or before a certain day,
[34:22.000 --> 34:29.000]  I'm going to ask them to change that to a certain day and time
[34:29.000 --> 34:34.000]  when the judge will be in the court,
[34:34.000 --> 34:38.000]  and that every person who shows up,
[34:38.000 --> 34:42.000]  the officer who wrote the citation will be in the court,
[34:42.000 --> 34:48.000]  and they will hold a proper examining trial.
[34:48.000 --> 34:54.000]  For the most part, we want to be heard.
[34:54.000 --> 35:00.000]  The one place to demonstrate to the public that they can have some trust in
[35:00.000 --> 35:05.000]  and effect on the legal system is traffic,
[35:05.000 --> 35:11.000]  because that's the only place 95% of us ever encounter the legal system
[35:11.000 --> 35:13.000]  is in traffic tickets,
[35:13.000 --> 35:19.000]  and right now traffic courts are horrendously illegal.
[35:19.000 --> 35:27.000]  They are the most abusive of any court that I've ever went into,
[35:27.000 --> 35:33.000]  and the public is becoming very distrustful of the court system,
[35:33.000 --> 35:36.000]  and that's because the only place to experience it is there.
[35:36.000 --> 35:40.000]  It's not nearly as bad when you get into higher level courts.
[35:40.000 --> 35:45.000]  They don't treat you like trash the way they do in traffic courts,
[35:45.000 --> 35:49.000]  but I want to set a precedent to change that.
[35:49.000 --> 35:58.000]  I'm going to push the city to require the magistrate to hold a proper examining trial.
[35:58.000 --> 36:02.000]  Right now they require you to come to this hearing,
[36:02.000 --> 36:05.000]  but it's in violation of law.
[36:05.000 --> 36:14.000]  They don't have any power to order you to come to court for an arraignment hearing.
[36:14.000 --> 36:19.000]  Technically, this hearing is for the purpose of meeting with the prosecutor,
[36:19.000 --> 36:22.000]  and every time I've been summoned to court to meet with a prosecutor,
[36:22.000 --> 36:27.000]  we had ourselves a problem because I don't talk to persecuting attorneys,
[36:27.000 --> 36:32.000]  and I want to know where the judge got the authority to order me to come to court
[36:32.000 --> 36:33.000]  to have a meeting with the prosecutor.
[36:33.000 --> 36:35.000]  If the opposing counsel wants to have a meeting with me,
[36:35.000 --> 36:39.000]  he can call me and set an appointment,
[36:39.000 --> 36:46.000]  but for the judge to abuse his discretion and exercise abusive process
[36:46.000 --> 36:50.000]  in order to order me to meet with the prosecuting attorney,
[36:50.000 --> 36:52.000]  that is horrendous for you, Diego.
[36:52.000 --> 36:55.000]  So I'm going to ask him to hold an examining trial.
[36:55.000 --> 37:01.000]  In an examining trial, the first thing that happens
[37:01.000 --> 37:07.000]  is the judge advises the person of their rights,
[37:07.000 --> 37:12.000]  and then they offer the person the opportunity to make a statement
[37:12.000 --> 37:16.000]  before anything is put before the court.
[37:16.000 --> 37:24.000]  The accused gets to speak first, and that's primarily what we want.
[37:24.000 --> 37:28.000]  We want to be heard.
[37:28.000 --> 37:35.000]  And 95% of the time, if we're not challenging the right to travel,
[37:35.000 --> 37:40.000]  if someone has gotten a ticket and they're not one of us
[37:40.000 --> 37:44.000]  who fights the subject matter jurisdiction of the court,
[37:44.000 --> 37:45.000]  they just want to be heard.
[37:45.000 --> 37:49.000]  They think they didn't go pay the ticket
[37:49.000 --> 37:51.000]  because they didn't feel like they were guilty,
[37:51.000 --> 37:55.000]  and they want the court to listen.
[37:55.000 --> 37:59.000]  And once the court has listened, then if they get convicted,
[37:59.000 --> 38:02.000]  they're not going to be so angry and frustrated
[38:02.000 --> 38:05.000]  and feel so disenfranchised.
[38:05.000 --> 38:10.000]  Or at least that's my spiel to these guys to get them to do it right.
[38:10.000 --> 38:11.000]  Then they hold an examining trial.
[38:11.000 --> 38:15.000]  The judge makes a determination to probable cause,
[38:15.000 --> 38:17.000]  and almost certainly most of the time,
[38:17.000 --> 38:20.000]  the person will deal out with the prosecutor.
[38:20.000 --> 38:26.000]  Then he can offer the person the option of meeting with the prosecutor informally
[38:26.000 --> 38:30.000]  before we have the examining trial, and maybe they can work out a deal.
[38:30.000 --> 38:35.000]  But it is an option, and the person has not been summoned
[38:35.000 --> 38:39.000]  for the purpose of meeting with the prosecutor, which is illegal.
[38:39.000 --> 38:44.000]  You can't summon someone in a Class C misdemeanor for an arraignment,
[38:44.000 --> 38:48.000]  because that's what these judges think it is.
[38:48.000 --> 38:53.000]  26.01 Texas Code of Criminal Procedure says
[38:53.000 --> 38:59.000]  an arraignment may be had in a felony charge
[38:59.000 --> 39:04.000]  or a misdemeanor punishable by imprisonment.
[39:04.000 --> 39:07.000]  What part of that is hard to understand?
[39:07.000 --> 39:11.000]  You can't have an arraignment in a Class C misdemeanor, period.
[39:11.000 --> 39:15.000]  There's nothing else in 28.01 Texas Code of Criminal Procedure.
[39:15.000 --> 39:19.000]  That's the statute that authorizes judges to summon a person to come to court.
[39:19.000 --> 39:23.000]  There's a list of things they can summon them to come to court for.
[39:23.000 --> 39:26.000]  Meet with the prosecutor is not one of them,
[39:26.000 --> 39:29.000]  or an arraignment is not one of them,
[39:29.000 --> 39:35.000]  if it's not a felony or a misdemeanor punishable by imprisonment.
[39:35.000 --> 39:40.000]  So they summon them to court, and right now Scott's going to be on shortly,
[39:40.000 --> 39:45.000]  but he's going to tell you how they someday issue orders to be before the court,
[39:45.000 --> 39:48.000]  and they never send them to anybody so that they can arrest them.
[39:48.000 --> 39:52.000]  Anybody who fights a case, they use all these illegal tactics,
[39:52.000 --> 39:55.000]  and we need to start putting them in jail for it.
[39:55.000 --> 39:58.000]  And we need a jurisdiction who will actually do it right.
[39:58.000 --> 40:02.000]  I think it will demonstrate to the court that it works very well,
[40:02.000 --> 40:06.000]  and that's all the preaching I'm going to do on that subject for one day.
[40:06.000 --> 40:09.000]  Now I'm going to go to Rader in Oregon.
[40:09.000 --> 40:11.000]  Hello, Mr. Rader.
[40:11.000 --> 40:15.000]  Hey, I'm number one tonight, Randy.
[40:15.000 --> 40:17.000]  First in line, lucky me.
[40:17.000 --> 40:18.000]  Yes, you are.
[40:18.000 --> 40:20.000]  You're keeping cool the flat part of the summer.
[40:20.000 --> 40:22.000]  I'm sultering a little bit.
[40:22.000 --> 40:24.000]  I'm calling you tonight about two things,
[40:24.000 --> 40:27.000]  since you're discussing about subject matter jurisdiction,
[40:27.000 --> 40:31.000]  and being able to have, say, first in a court,
[40:31.000 --> 40:35.000]  specifically these illegal traffic courts.
[40:35.000 --> 40:40.000]  I'm on my sixth ticket now,
[40:40.000 --> 40:45.000]  so I haven't begun yet to have fun yet, I guess, as you would say.
[40:45.000 --> 40:51.000]  So what happened was I went into the initial appearance on this recent ticket,
[40:51.000 --> 40:55.000]  that one that was issued in late July,
[40:55.000 --> 40:59.000]  and I stood before this magistrate or the clerk,
[40:59.000 --> 41:06.000]  whatever the true title behind the person in the black robe.
[41:06.000 --> 41:11.000]  The court claims that she is a justice of the peace.
[41:11.000 --> 41:13.000]  Oh, really?
[41:13.000 --> 41:19.000]  So why am I standing here when there's no breach of any kind of peace,
[41:19.000 --> 41:23.000]  being charged with some false instruments of transportation
[41:23.000 --> 41:28.000]  that I have breached the peace in some quasi way?
[41:28.000 --> 41:31.000]  That's pretty much what my thoughts were,
[41:31.000 --> 41:34.000]  but I had to stick to the proper script.
[41:34.000 --> 41:38.000]  And what Eddie talks about is, since in my state,
[41:38.000 --> 41:46.000]  all these traffic stops are all considered civil infraction violations.
[41:46.000 --> 41:50.000]  So the script is to challenge the subject matter jurisdiction,
[41:50.000 --> 41:55.000]  and where the officer had no authority in jurisdiction to initiate a traffic stop,
[41:55.000 --> 42:01.000]  without discovery, without a warrant, without articulable probable cause,
[42:01.000 --> 42:08.000]  or the traffic stop in the first place, making the traffic stop invalid.
[42:08.000 --> 42:11.000]  Okay, I have a question.
[42:11.000 --> 42:17.000]  How do you get there?
[42:17.000 --> 42:26.000]  How do you establish foundation for that evidence or assertion?
[42:26.000 --> 42:31.000]  There's a study of what the Oregon revised statutes are in my state,
[42:31.000 --> 42:40.000]  and under that transportation code, the word transportation is used exclusively.
[42:40.000 --> 42:43.000]  Objection foundation.
[42:43.000 --> 42:48.000]  Well, the findings is civil.
[42:48.000 --> 42:54.000]  I'm raising the objection, alleging that you have failed to establish foundation
[42:54.000 --> 42:58.000]  for entering that information.
[42:58.000 --> 43:00.000]  I have a point here.
[43:00.000 --> 43:02.000]  That was kind of a trick question.
[43:02.000 --> 43:08.000]  And it's something I see that we all seem to be missing.
[43:08.000 --> 43:15.000]  And primarily, the most important document, the only relevant document,
[43:15.000 --> 43:19.000]  is the charging instrument.
[43:19.000 --> 43:29.000]  So where did the charging instrument establish the elements of the crime?
[43:29.000 --> 43:31.000]  Well...
[43:31.000 --> 43:36.000]  You see, one of the elements is that you must be operating in commerce.
[43:36.000 --> 43:41.000]  The presumption by the officer...
[43:41.000 --> 43:44.000]  The officer can have all the presumptions he wants to
[43:44.000 --> 43:48.000]  until he starts writing that criminal affidavit.
[43:48.000 --> 43:51.000]  There can't be any presumptions in that.
[43:51.000 --> 43:52.000]  Hang on.
[43:52.000 --> 43:53.000]  Going to break.
[43:53.000 --> 43:54.000]  Radio Kelton.
[43:54.000 --> 44:02.000]  We'll be right back.
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[46:19.000 --> 46:23.000]  Okay, we are back. Randy Kelton, Rule of Law Radio,
[46:23.000 --> 46:28.000]  and we're talking to Radar in Oregon, and here's where I was going.
[46:28.000 --> 46:35.000]  It seems like we start with a set of presuppositions,
[46:35.000 --> 46:45.000]  and that leaves us overlooking and presupposing certain facts that are not in evidence.
[46:45.000 --> 46:52.000]  The code is clear of what it takes to violate the code.
[46:52.000 --> 46:56.000]  The code only regulates commercial traffic.
[46:56.000 --> 47:02.000]  So in order to establish a violation of the code,
[47:02.000 --> 47:12.000]  there must be an assertion of the defendant acting in commerce,
[47:12.000 --> 47:16.000]  because that's one of the elements of the crime.
[47:16.000 --> 47:19.000]  It's not there.
[47:19.000 --> 47:24.000]  It would render the complaint insufficient on its face.
[47:24.000 --> 47:28.000]  Does that make sense?
[47:28.000 --> 47:31.000]  Yes, that's what I would say too, Randy. Thanks.
[47:31.000 --> 47:41.000]  What's going on here is that they look no further in the black and white
[47:41.000 --> 47:48.000]  than a perspective of looking at things using a form of a figure of speech.
[47:48.000 --> 48:00.000]  They look no further than anyone behind the wheel of an automobile that's on the roadway
[48:00.000 --> 48:06.000]  is somebody who is in the act of driving, period.
[48:06.000 --> 48:13.000]  I understand the presumption, and you can have presumptions out here on the street,
[48:13.000 --> 48:21.000]  but you can't have those presumptions in court unless the defendant waives the challenge.
[48:21.000 --> 48:31.000]  What I see consistently happening in court is that the prosecutor starts in the middle of the case.
[48:31.000 --> 48:36.000]  He doesn't start at the beginning, and nobody's challenging the fact that he doesn't start at the beginning,
[48:36.000 --> 48:41.000]  so it doesn't become an issue. You have to make it an issue.
[48:41.000 --> 48:47.000]  What is going on, Randy? In the court, there is no prosecutor present.
[48:47.000 --> 48:51.000]  Okay, some courts do here in Texas. Sometimes you have them, sometimes you don't.
[48:51.000 --> 48:56.000]  If the judge is acting in that capacity, then he's doing the same thing.
[48:56.000 --> 49:03.000]  It doesn't matter who presupposes facts not in evidence.
[49:03.000 --> 49:09.000]  The fact is they're presupposing facts not in evidence.
[49:09.000 --> 49:17.000]  What are the elements of a violation of the commercial transportation code?
[49:17.000 --> 49:21.000]  Right. Well, this judge is wearing several different hats.
[49:21.000 --> 49:26.000]  That's okay. Even then, that doesn't make any difference.
[49:26.000 --> 49:32.000]  They don't have subject matter jurisdiction until they have a valid charging instrument.
[49:32.000 --> 49:38.000]  Right. I made a proclamation in my opening statement, but at the original initial appearance
[49:38.000 --> 49:45.000]  or the arraignment, they don't allow you to have any say to the case.
[49:45.000 --> 49:47.000]  They automatically say, I'm going to go ahead and set this for trial.
[49:47.000 --> 49:52.000]  I'm going to enter a plea of not guilty on your behalf, and I said, objection, Your Honor.
[49:52.000 --> 49:57.000]  In a case, it's my right to have a declination of pleading
[49:57.000 --> 50:02.000]  and challenge the subject matter jurisdiction here and now.
[50:02.000 --> 50:05.000]  Is this criminal or is this a civil matter?
[50:05.000 --> 50:13.000]  Well, it's a violation, so I'm going to go ahead and set it for a certain date and day, and that will be all.
[50:13.000 --> 50:17.000]  Did you ask the bailiff to arrest the judge?
[50:17.000 --> 50:19.000]  No, I didn't.
[50:19.000 --> 50:24.000]  That is great fun. If you've never done it, you've got to try it once.
[50:24.000 --> 50:31.000]  Oh, the bailiff is not too happy with me. He's seen me several times.
[50:31.000 --> 50:33.000]  Mr. Bailiff, did you hear that?
[50:33.000 --> 50:35.000]  Me first.
[50:35.000 --> 50:43.000]  Arrest that judge. I've done that several times and it always really sets them back.
[50:43.000 --> 50:49.000]  They're not used to a citizen taking them to legal task.
[50:49.000 --> 50:54.000]  What they're doing is criminal, and they know full well it is.
[50:54.000 --> 50:56.000]  Right.
[50:56.000 --> 51:04.000]  They're just so accustomed to people coming into traffic court and being terrified of the system.
[51:04.000 --> 51:11.000]  When someone comes in there and sets them up, they don't know what to do.
[51:11.000 --> 51:23.000]  So in order for them to bring this complaint, the complaint must first establish all the elements of the crime.
[51:23.000 --> 51:29.000]  If any one single element is missing, the complaint is insufficient on its face,
[51:29.000 --> 51:38.000]  and the court, while it may have general subject matter jurisdiction over this type of issue,
[51:38.000 --> 51:45.000]  it does not have competence to enforce that jurisdiction in the instant case.
[51:45.000 --> 51:52.000]  And if he attempts to, he should get a tort letter.
[51:52.000 --> 52:00.000]  That's the only time you can sue a judge is when he acts without subject matter jurisdiction.
[52:00.000 --> 52:08.000]  You start suing these judges, this will give them reason to change their behavior.
[52:08.000 --> 52:17.000]  That's how I tend to influence our local municipality to follow the code the way it's written,
[52:17.000 --> 52:25.000]  because they made some major blunders, and I'm going to tell them I'm not going to come after you for those,
[52:25.000 --> 52:30.000]  because the ticket at issue here wasn't written to me.
[52:30.000 --> 52:35.000]  Someone came to me and asked me to act as they're paralegal, and I did that.
[52:35.000 --> 52:42.000]  I did, I was doing that when I created the criminal complaint against the mayor
[52:42.000 --> 52:47.000]  that the defendant presented to the court and the court didn't act on.
[52:47.000 --> 52:56.000]  Now, I'm not going to pursue that, but you're going to have to deal with Jerry on your own.
[52:56.000 --> 53:04.000]  So I'm here to ask you not to put my city in a position to have that happen again,
[53:04.000 --> 53:09.000]  because if it happens again, then I'll come for you.
[53:09.000 --> 53:14.000]  So back to subject matter jurisdiction.
[53:14.000 --> 53:16.000]  They have to plead all the elements.
[53:16.000 --> 53:21.000]  I mean, that is absolutely basic.
[53:21.000 --> 53:24.000]  And we're complaining that they're ignoring this.
[53:24.000 --> 53:31.000]  The administrative code of the DMV, that's their instruments that they claim that they have jurisdiction over.
[53:31.000 --> 53:34.000]  We don't care what they claim.
[53:34.000 --> 53:37.000]  What they claim doesn't mean anything.
[53:37.000 --> 53:45.000]  What the court of appeals of the Supreme says matters is the only thing that makes any difference.
[53:45.000 --> 53:53.000]  So it's a problem that I'm struggling to find a way to get people passed
[53:53.000 --> 53:58.000]  is a presumption of power that's nonexistent.
[53:58.000 --> 54:01.000]  I don't care what that judge wants to do.
[54:01.000 --> 54:04.000]  I don't care what he thinks.
[54:04.000 --> 54:09.000]  I don't care what power he thinks he has.
[54:09.000 --> 54:15.000]  He's either going to follow law as it's written, or I'm going to try to get the bailiff to arrest him.
[54:15.000 --> 54:19.000]  When the bailiff want to try to arrest him, I try to get the bailiff arrested.
[54:19.000 --> 54:23.000]  I'll just make their life for living hell.
[54:23.000 --> 54:25.000]  And then we sue them.
[54:25.000 --> 54:34.000]  But in your case, they've never established that you were actually in commerce.
[54:34.000 --> 54:43.000]  Is there any evidence before the court that you were transporting persons or goods for hire?
[54:43.000 --> 54:45.000]  No, no.
[54:45.000 --> 54:49.000]  But I don't get a chance to ask any of the 70 interrogatories.
[54:49.000 --> 54:50.000]  That's what Eddie's talking about.
[54:50.000 --> 54:57.000]  What I'm supposed to do is get the judge with the 70 interrogatories.
[54:57.000 --> 55:00.000]  And I don't get a chance to do that.
[55:00.000 --> 55:06.000]  Do you have a challenge subject matter jurisdiction filed in the court before you get there?
[55:06.000 --> 55:07.000]  I did.
[55:07.000 --> 55:13.000]  I sent them several papers that Eddie told me to do.
[55:13.000 --> 55:20.000]  Then that should get, you should file, as soon as you walk out of the court, you need to dial 911,
[55:20.000 --> 55:24.000]  have an officer come and take your complaint against the judge.
[55:24.000 --> 55:25.000]  Okay.
[55:25.000 --> 55:28.000]  It's your duty to report crime.
[55:28.000 --> 55:29.000]  Okay.
[55:29.000 --> 55:31.000]  And I do that all the time.
[55:31.000 --> 55:33.000]  I have great fun with it.
[55:33.000 --> 55:35.000]  I'll report.
[55:35.000 --> 55:38.000]  You talk about doing a chicken dance.
[55:38.000 --> 55:43.000]  These guys get to hopping and to bouncing and trying to find a way to make you happy
[55:43.000 --> 55:46.000]  and there's no way to deal with you.
[55:46.000 --> 55:52.000]  If we're going to change these people, we have to get their attention first.
[55:52.000 --> 55:59.000]  And I assure you, when you dial 911 on the police, it gets their attention.
[55:59.000 --> 56:00.000]  Okay.
[56:00.000 --> 56:01.000]  I kind of interrupted you.
[56:01.000 --> 56:05.000]  Let me shut up and you go on where you were going.
[56:05.000 --> 56:06.000]  Okay.
[56:06.000 --> 56:08.000]  All right, well, that's how that went over.
[56:08.000 --> 56:13.000]  I walked out of the courtroom not knowing what to do, just gathering my thoughts after that
[56:13.000 --> 56:16.000]  and what's the next step I should take.
[56:16.000 --> 56:17.000]  Okay.
[56:17.000 --> 56:18.000]  That's easy.
[56:18.000 --> 56:19.000]  The court.
[56:19.000 --> 56:23.000]  The paracriminal charges against the judge.
[56:23.000 --> 56:25.000]  Paracriminal charges against the judge.
[56:25.000 --> 56:26.000]  Okay.
[56:26.000 --> 56:27.000]  Yeah.
[56:27.000 --> 56:31.000]  For exerting or reporting to exerting authority he did not expressly have and in the process denied you
[56:31.000 --> 56:34.000]  and the full and free access to or enjoyment of right.
[56:34.000 --> 56:39.000]  He denied you in procedural due process.
[56:39.000 --> 56:41.000]  That is harm per se.
[56:41.000 --> 56:46.000]  And he did so while he was acting outside the scope of his authority.
[56:46.000 --> 56:51.000]  That leaves him with no immunity.
[56:51.000 --> 56:52.000]  All right.
[56:52.000 --> 56:54.000]  The judge is liable.
[56:54.000 --> 56:59.000]  Is this a municipal court or is it a county court?
[56:59.000 --> 57:05.000]  Yeah, this is a county traffic court or municipal court or it's not municipal.
[57:05.000 --> 57:07.000]  Actually, it is a county court.
[57:07.000 --> 57:08.000]  Okay, good, good.
[57:08.000 --> 57:15.000]  Then you make up a tort letter and send it to the county commissioner's court.
[57:15.000 --> 57:18.000]  These are the guys that hire that judge.
[57:18.000 --> 57:19.000]  Okay.
[57:19.000 --> 57:23.000]  And they expect him to know what he's doing.
[57:23.000 --> 57:29.000]  So when they get a tort letter from a citizen accusing the judge of violating law,
[57:29.000 --> 57:32.000]  they are not going to be happy campers.
[57:32.000 --> 57:35.000]  Right.
[57:35.000 --> 57:40.000]  And in order to sue them, you have to give them 60 days notice and opportunity.
[57:40.000 --> 57:43.000]  That's what the tort letter is.
[57:43.000 --> 57:48.000]  Notice you have been harmed and opportunity to cure.
[57:48.000 --> 57:51.000]  Opportunity to cure.
[57:51.000 --> 57:57.000]  Procedural due process or a due process violation in any character,
[57:57.000 --> 58:04.000]  procedural or substantive, is according to the courts, harm per se.
[58:04.000 --> 58:09.000]  So you don't have to prove that you were harmed.
[58:09.000 --> 58:16.000]  If you demonstrate that procedural due process was denied, that is harm on its face.
[58:16.000 --> 58:22.000]  So they can't come into the court and say that you weren't harmed.
[58:22.000 --> 58:23.000]  Okay.
[58:23.000 --> 58:24.000]  All right.
[58:24.000 --> 58:29.000]  Well, I have a previous case to that that I did fairly well in a trial,
[58:29.000 --> 58:36.000]  but what happened was that the judge still pronounced guilt in a previous case.
[58:36.000 --> 58:37.000]  Okay, hold on.
[58:37.000 --> 58:39.000]  We're about to go to break.
[58:39.000 --> 58:41.000]  Randy Kelton, we'll go to our radio.
[58:41.000 --> 58:44.000]  Our call in number 512-646-1984.
[58:44.000 --> 58:50.000]  We'll be right back.
[59:14.000 --> 59:20.000]  We'll be right back.
[59:44.000 --> 59:51.000]  The following newsflash is brought to you by the Lone Star Lowdown,
[59:51.000 --> 59:56.000]  providing your daily bulletins for the commodities market.
[59:56.000 --> 01:00:01.000]  Today in history, news updates.
[01:00:01.000 --> 01:00:23.000]  And the inside scoop into the tides of the alternative.
[01:00:23.000 --> 01:00:30.000]  Markets for Monday, the 22nd of August, 2016, are currently treading with gold at $1,336.63 an ounce,
[01:00:30.000 --> 01:00:35.000]  silver $18.86 an ounce, Texas crude $47.05 a barrel,
[01:00:35.000 --> 01:00:45.000]  and Bitcoin is currently sitting at about $585 U.S. currency.
[01:00:45.000 --> 01:00:50.000]  Today in history, the year 1902, the Cadillac Motor Company is founded,
[01:00:50.000 --> 01:00:54.000]  and in the same year, President Theodore Roosevelt becomes the first president of the United States
[01:00:54.000 --> 01:01:01.000]  to ride in an automobile, though it wasn't a Cadillac.
[01:01:01.000 --> 01:01:07.000]  In recent news, a U.S. District Judge Lee Yackel denied the request of three University of Texas
[01:01:07.000 --> 01:01:11.000]  and Austin professors to block the implementation of the state's campus carry law.
[01:01:11.000 --> 01:01:16.000]  The judge said that the professors had failed to establish a substantial likelihood of ultimate success
[01:01:16.000 --> 01:01:20.000]  on the merits of their assertive claims, which were that guns in classrooms
[01:01:20.000 --> 01:01:24.000]  violate free speech and equal protection rights.
[01:01:24.000 --> 01:01:27.000]  UT President Gregory Fanvez said in a written statement
[01:01:27.000 --> 01:01:31.000]  that the university would continue to work with faculty members concerned about the law.
[01:01:31.000 --> 01:01:36.000]  He added that he's committed to upholding the school's core values of academic freedom and free speech,
[01:01:36.000 --> 01:01:41.000]  while Attorney General Ken Paxton said that he was pleased but not surprised by the decision
[01:01:41.000 --> 01:01:46.000]  and that there is simply no legal justification to deny licensed, law-abiding citizens on campus
[01:01:46.000 --> 01:01:57.000]  the same measure of personal protection they are entitled to elsewhere in Texas.
[01:01:57.000 --> 01:02:01.000]  The Redlands Unified School District settled on and agreed to pay out $6 million
[01:02:01.000 --> 01:02:05.000]  to a victim of sexual abuse by one of their teachers at one of their high schools.
[01:02:05.000 --> 01:02:09.000]  The attorney for the victim, Vince Finaldi, stated that this is the largest child sexual abuse settlement
[01:02:09.000 --> 01:02:13.000]  against a public entity in U.S. history, reason being, he is saying,
[01:02:13.000 --> 01:02:17.000]  that the school district knew that Laura Whitehurst was sexually abusing students
[01:02:17.000 --> 01:02:20.000]  and did nothing about it, though a spokesperson for the district
[01:02:20.000 --> 01:02:23.000]  obviously denies that they knew anything about the abuse,
[01:02:23.000 --> 01:02:27.000]  clarifying that it was just the district wanting to avoid further costly legal battles.
[01:02:27.000 --> 01:02:30.000]  The school district is assuring teachers and parents that the $6 million settlement
[01:02:30.000 --> 01:02:39.000]  will not affect its budget for teachers and other educational expenses.
[01:02:39.000 --> 01:02:44.000]  If Texas had succeeded before this year, it would have ranked third in the world in the 2016 Olympics.
[01:02:44.000 --> 01:02:54.000]  Texas alone took home 42 medals, 26 gold, 6 silver, and 10 bronze in the 2016 Rio de Janeiro Olympics.
[01:02:54.000 --> 01:03:05.000]  This is Rick Rodey for your Lowdown August 22, 2016.
[01:03:05.000 --> 01:03:12.000]  It's all according to the will of the Almighty.
[01:03:12.000 --> 01:03:14.000]  I read his book and it says,
[01:03:14.000 --> 01:03:21.000]  care is not for the unsightly.
[01:03:21.000 --> 01:03:23.000]  Okay, we are back.
[01:03:23.000 --> 01:03:25.000]  Randy Kelton, the ruler of the radio,
[01:03:25.000 --> 01:03:30.000]  and we're talking to Rader in Oregon.
[01:03:30.000 --> 01:03:31.000]  Yes, Randy.
[01:03:31.000 --> 01:03:33.000]  Thank you very much for having me on the show.
[01:03:33.000 --> 01:03:40.000]  I read something that I wrote and I filed to the court prior to the first appearance on this current charge.
[01:03:40.000 --> 01:03:46.000]  And it's called the Motion to Suppress Non-Criminal Traffic Stop Officers Testimony.
[01:03:46.000 --> 01:03:51.000]  Okay, there is no authority granted to a police officer or law enforcement officer
[01:03:51.000 --> 01:03:57.000]  to arrest, detain, any individual for a civil infraction, traffic stop, or tarry stop.
[01:03:57.000 --> 01:04:07.000]  The lawful authority to detain or arrest without a warrant is vested in an officer only in relation to felonies and or misdemeanors,
[01:04:07.000 --> 01:04:11.000]  breaches of the peace, and a civil infraction is none of these.
[01:04:11.000 --> 01:04:14.000]  The traffic stop by the officer in this case was illegal.
[01:04:14.000 --> 01:04:23.000]  Therefore, I demand a motion to quash this case and to dismiss immediately in the interest of justice.
[01:04:23.000 --> 01:04:26.000]  Did the court hear that motion?
[01:04:26.000 --> 01:04:27.000]  No.
[01:04:27.000 --> 01:04:29.000]  No, she didn't know anything about it.
[01:04:29.000 --> 01:04:30.000]  It was an arraignment.
[01:04:30.000 --> 01:04:31.000]  It wasn't presented.
[01:04:31.000 --> 01:04:36.000]  When I got there, she knew it and had no knowledge of anything being filed.
[01:04:36.000 --> 01:04:44.000]  And this is just an arraignment to determine where you have the opportunity to enter a plea of guilty, not guilty, or no contest.
[01:04:44.000 --> 01:04:45.000]  Okay.
[01:04:45.000 --> 01:04:52.000]  Where in the Oregon Code is an arraignment authorized?
[01:04:52.000 --> 01:04:53.000]  I have to look that up.
[01:04:53.000 --> 01:04:58.000]  Okay. In Texas Code, we have 28.01.
[01:04:58.000 --> 01:05:06.000]  And it establishes when a judge can order a person to come to court.
[01:05:06.000 --> 01:05:12.000]  And it's for motions or pleadings or there's a number of things.
[01:05:12.000 --> 01:05:17.000]  And these are the only things that you can be ordered to come to court for.
[01:05:17.000 --> 01:05:25.000]  Arraignment is addressed in Texas law, and I find that most of the states are very similar.
[01:05:25.000 --> 01:05:27.000]  So you might look at arraignment.
[01:05:27.000 --> 01:05:40.000]  I was surprised to find that in Texas law, it makes a very clear distinction concerning criminal accusations,
[01:05:40.000 --> 01:05:47.000]  that only a person accused of a felony or a misdemeanor punishable by imprisonment.
[01:05:47.000 --> 01:05:54.000]  Now, the legislature went to special effort to do that.
[01:05:54.000 --> 01:06:01.000]  So it raises the question, why would they have done that?
[01:06:01.000 --> 01:06:10.000]  It appears as though they wanted people who were accused of minor offenses treated differently.
[01:06:10.000 --> 01:06:18.000]  So it's worth looking in Oregon law to see if there are similar provisions.
[01:06:18.000 --> 01:06:23.000]  Okay. Well, I already know what the modus operandi is.
[01:06:23.000 --> 01:06:29.000]  And that's to be able to get somebody to court, make that plea, so it locks them into the charge.
[01:06:29.000 --> 01:06:33.000]  And then if the person does not know about the transportation code,
[01:06:33.000 --> 01:06:38.000]  the difference between driving and traveling, they're going to go ahead and top suit plea just to get it out of the way
[01:06:38.000 --> 01:06:39.000]  and not come to make their money.
[01:06:39.000 --> 01:06:46.000]  It's a conflict of interest and it's for the motive of making profit for the state,
[01:06:46.000 --> 01:06:50.000]  getting 50% for the court and 50% for the state itself.
[01:06:50.000 --> 01:07:00.000]  Have you looked at suing the local jurisdiction under a private attorney general suit?
[01:07:00.000 --> 01:07:02.000]  Okay.
[01:07:02.000 --> 01:07:14.000]  If they are clearly collecting these fines in violation of standing law, you can sue to recover all of that.
[01:07:14.000 --> 01:07:21.000]  And when you sue in a private attorney general suit, you don't sue to recover it for everybody else.
[01:07:21.000 --> 01:07:26.000]  You recover what everybody else has paid for yourself.
[01:07:26.000 --> 01:07:33.000]  Okay. But I should start with the county commissioner's office first and find a tort or a complaint.
[01:07:33.000 --> 01:07:42.000]  You send them notice and opportunity and that's generally construed as a tort letter.
[01:07:42.000 --> 01:07:50.000]  And most counties have a requirement and every state I've been to has had this requirement
[01:07:50.000 --> 01:07:55.000]  that before you can sue the county, you must give them notice and opportunity
[01:07:55.000 --> 01:08:00.000]  and give them 60 days to make you whole.
[01:08:00.000 --> 01:08:06.000]  They never do, but it's a thing they use to bump out a lot of suits.
[01:08:06.000 --> 01:08:08.000]  So send them a notice of tort.
[01:08:08.000 --> 01:08:13.000]  And from the political side, this is a great thing to do.
[01:08:13.000 --> 01:08:20.000]  And when I write a tort letter, I generally write the lawsuit.
[01:08:20.000 --> 01:08:22.000]  Now, I don't do the points and authorities.
[01:08:22.000 --> 01:08:25.000]  I just write the suit stating the causes of action
[01:08:25.000 --> 01:08:30.000]  and the statement of facts establishing grounds for the cause of action.
[01:08:30.000 --> 01:08:35.000]  And then I take the court heading off the top and put a business heading on it
[01:08:35.000 --> 01:08:42.000]  and I take the prayer off the bottom and change it to make me wholly be sued.
[01:08:42.000 --> 01:08:45.000]  And I send that to them as a tort letter.
[01:08:45.000 --> 01:08:46.000]  Okay.
[01:08:46.000 --> 01:08:51.000]  When the lawyer gets that, it's not just a letter griping at him.
[01:08:51.000 --> 01:08:57.000]  He's going to look at that and tell the guys, when this guy says he's going to sue you,
[01:08:57.000 --> 01:09:03.000]  he's not kidding because this is the suit you're going to get.
[01:09:03.000 --> 01:09:06.000]  So when you write, when you send the tort letter,
[01:09:06.000 --> 01:09:14.000]  I can assure you the phones around the county are going to start humming.
[01:09:14.000 --> 01:09:19.000]  This judge is going to have some questions to answer.
[01:09:19.000 --> 01:09:25.000]  But not to you, but to somebody who can fire him in a heartbeat.
[01:09:25.000 --> 01:09:26.000]  Sure.
[01:09:26.000 --> 01:09:31.000]  There was a previous tort letter that I filed that did it in good detail.
[01:09:31.000 --> 01:09:36.000]  I talked about it with Eddie and he said, well, you put too much information in there.
[01:09:36.000 --> 01:09:39.000]  You need to just put the point by point by point and boom, send it in.
[01:09:39.000 --> 01:09:40.000]  Yeah.
[01:09:40.000 --> 01:09:44.000]  Go into all kinds of detail and just make it short and simple.
[01:09:44.000 --> 01:09:46.000]  That's what he told me to do.
[01:09:46.000 --> 01:09:49.000]  Yeah, and that's what a lawsuit is.
[01:09:49.000 --> 01:09:55.000]  A points and authorities, now that's your argument in support of your claims.
[01:09:55.000 --> 01:09:59.000]  But the lawsuit are just the claims.
[01:09:59.000 --> 01:10:01.000]  This is what you did.
[01:10:01.000 --> 01:10:04.000]  This is how much it harmed me for.
[01:10:04.000 --> 01:10:05.000]  Make me hold the suit.
[01:10:05.000 --> 01:10:06.000]  Right.
[01:10:06.000 --> 01:10:07.000]  Absolutely.
[01:10:07.000 --> 01:10:08.000]  I did it in great detail.
[01:10:08.000 --> 01:10:10.000]  And it looked like it was going along pretty good.
[01:10:10.000 --> 01:10:16.000]  And there was a law firm that represents the county that was interested in considering it.
[01:10:16.000 --> 01:10:20.000]  And they told me to send any additional information that you need to send,
[01:10:20.000 --> 01:10:23.000]  we'd be happy to go over it.
[01:10:23.000 --> 01:10:24.000]  So I did.
[01:10:24.000 --> 01:10:28.000]  And I sent him an email telling him I'd have a little bit more information on a certain day,
[01:10:28.000 --> 01:10:31.000]  a couple of weeks after that point.
[01:10:31.000 --> 01:10:34.000]  And before I got a chance to send and submit any other information,
[01:10:34.000 --> 01:10:41.000]  they sent another letter within the following week saying that we looked at all the details in here
[01:10:41.000 --> 01:10:48.000]  and the officer was that we find that the officer was not negligible or negligent in any way.
[01:10:48.000 --> 01:10:54.000]  And you didn't have insurance registration or a driver's license at the time of the stop.
[01:10:54.000 --> 01:10:58.000]  So we have determined that there was no negligence on the part of the officer.
[01:10:58.000 --> 01:11:00.000]  Case closed.
[01:11:00.000 --> 01:11:04.000]  Okay. That's what you want.
[01:11:04.000 --> 01:11:08.000]  You need that before you can sue.
[01:11:08.000 --> 01:11:09.000]  Right.
[01:11:09.000 --> 01:11:11.000]  Now you file suit.
[01:11:11.000 --> 01:11:12.000]  Okay.
[01:11:12.000 --> 01:11:17.000]  And generally, if you write the suit first and send it as a tort letter,
[01:11:17.000 --> 01:11:23.000]  the day you get the tort letter, the very next day you file suit.
[01:11:23.000 --> 01:11:27.000]  Nothing means anything to them until you actually file suit.
[01:11:27.000 --> 01:11:32.000]  Now they no longer have to answer to you.
[01:11:32.000 --> 01:11:35.000]  Now they have to answer to a higher court.
[01:11:35.000 --> 01:11:36.000]  Certainly, Randy.
[01:11:36.000 --> 01:11:37.000]  But isn't this part of the game?
[01:11:37.000 --> 01:11:38.000]  Will they just 12B6 that case?
[01:11:38.000 --> 01:11:40.000]  Once it gets to that court, too, then I have to go.
[01:11:40.000 --> 01:11:41.000]  No.
[01:11:41.000 --> 01:11:42.000]  Okay.
[01:11:42.000 --> 01:11:52.000]  The best way to handle 12B6 is to put in a petition for declaratory judgment.
[01:11:52.000 --> 01:12:01.000]  Anymore, when I sue, the first suit that I file is always a pawn move.
[01:12:01.000 --> 01:12:08.000]  My first suit is always for the purpose of developing res judicata.
[01:12:08.000 --> 01:12:13.000]  And the best way to do that is with a declaratory judgment suit.
[01:12:13.000 --> 01:12:19.000]  They cannot rule 12B6 a declaratory judgment suit.
[01:12:19.000 --> 01:12:26.000]  12B6 only goes to failure to state a claim on which recovery can be had.
[01:12:26.000 --> 01:12:32.000]  A declaratory judgment suit does not ask for recovery.
[01:12:32.000 --> 01:12:38.000]  I actually had this Judge McBride, the federal judge in Fort Worth,
[01:12:38.000 --> 01:12:48.000]  dismiss my declaratory judgment suit because I failed to properly make a claim for damages.
[01:12:48.000 --> 01:12:53.000]  Well, duh.
[01:12:53.000 --> 01:12:55.000]  It's not a claim for damages.
[01:12:55.000 --> 01:13:01.000]  It's a petition for declaratory judgment.
[01:13:01.000 --> 01:13:07.000]  And I have since filed criminal charges against him and I'm processing those.
[01:13:07.000 --> 01:13:12.000]  But 12B, you do a declaratory judgment first.
[01:13:12.000 --> 01:13:26.000]  Like here, you ask the court to and you might file this in the federal court under 28 USC 2022.
[01:13:26.000 --> 01:13:34.000]  And I think it's Rule 59 of the Federal Rules of Civil Procedure.
[01:13:34.000 --> 01:13:39.000]  They both go to declaratory judgment.
[01:13:39.000 --> 01:13:49.000]  22.01 creates the right, statutory right, and Rule 59 implements it.
[01:13:49.000 --> 01:13:58.000]  So you merely ask the judge to declare the rights of the parties.
[01:13:58.000 --> 01:14:09.000]  So you take the transportation code argument and you say the code says this.
[01:14:09.000 --> 01:14:18.000]  And you argue that if you are not acting within this capacity,
[01:14:18.000 --> 01:14:26.000]  that you do not fall within the regulatory scheme and ask the judge for a clear ruling.
[01:14:26.000 --> 01:14:32.000]  Do you have the right to travel?
[01:14:32.000 --> 01:14:38.000]  And there you have strong, well-established case law.
[01:14:38.000 --> 01:14:45.000]  And the federal judge doesn't make any money from traffic tickets.
[01:14:45.000 --> 01:14:48.000]  You want to take the state to the Fed, the Fed to the state.
[01:14:48.000 --> 01:14:56.000]  It's one thing for them to remove a state issue to the federal court
[01:14:56.000 --> 01:15:02.000]  and then complain that the state issue doesn't meet the federal requirements.
[01:15:02.000 --> 01:15:09.000]  But when you file directly in the federal court, now they have a little more difficult issue.
[01:15:09.000 --> 01:15:17.000]  And with a declaratory judgment, they've got a problem because now you don't have to state a claim.
[01:15:17.000 --> 01:15:23.000]  You merely ask the judge to declare the rights of the parties.
[01:15:23.000 --> 01:15:25.000]  And that what follows after that, Randy?
[01:15:25.000 --> 01:15:28.000]  Do you get to the punitive part and then the damages afterwards?
[01:15:28.000 --> 01:15:30.000]  Absolutely. This is a pawn move.
[01:15:30.000 --> 01:15:34.000]  You're wanting the judge to give you res judicata.
[01:15:34.000 --> 01:15:41.000]  But the thing about that is once you do the declaratory judgment suit,
[01:15:41.000 --> 01:15:44.000]  they can't get past the Rule 12.
[01:15:44.000 --> 01:15:50.000]  Now they have to answer and then you go to discovery and that's what you want in the first place.
[01:15:50.000 --> 01:15:55.000]  Discovery is where you win the suit.
[01:15:55.000 --> 01:15:58.000]  That's why they go after the Rule 12.
[01:15:58.000 --> 01:16:04.000]  They don't want to have to answer and lie in their answer.
[01:16:04.000 --> 01:16:10.000]  And then above all, they do not want to have to provide discovery.
[01:16:10.000 --> 01:16:20.000]  So we use this kind of as a dirty, rotten, low-down shyster lawyer trick to get around the Rule 12.
[01:16:20.000 --> 01:16:21.000]  All right.
[01:16:21.000 --> 01:16:25.000]  Well, in the previous case that I had for a ticket I had in March,
[01:16:25.000 --> 01:16:30.000]  as previous to the current one I have now, there was also a traffic stop in April.
[01:16:30.000 --> 01:16:35.000]  So what they did is they combined both cases together and had both officers appear at the same time.
[01:16:35.000 --> 01:16:41.000]  Now this is at a municipal court, this is a local municipal that's had nothing to do with the county court.
[01:16:41.000 --> 01:16:45.000]  And they have a young judge there, it's only been a judge for two years.
[01:16:45.000 --> 01:16:49.000]  So she's fairly new, went by in the years a little bit.
[01:16:49.000 --> 01:16:52.000]  But I did a pretty good job.
[01:16:52.000 --> 01:16:59.000]  I had the courtroom kind of quiet and I carried the trial, this is the trial phase, from these two particular churches.
[01:16:59.000 --> 01:17:01.000]  Hold on.
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[01:19:00.000 --> 01:19:15.000]  This is the Logos Radio Network.
[01:19:15.000 --> 01:19:20.000]  Okay, we are back. Randy Kelton, rule of law radio. We're talking to Radar in Oregon.
[01:19:20.000 --> 01:19:24.000]  We do need to move along, Radar. We've got a full board of callers.
[01:19:24.000 --> 01:19:31.000]  Okay, you had these two tickets at once. Let's get to what the issue is.
[01:19:31.000 --> 01:19:38.000]  Okay. What I did is I read the Steps to Challenge script that Eddie has out loud in court.
[01:19:38.000 --> 01:19:41.000]  It's similar to what I just read to you about the motion.
[01:19:41.000 --> 01:19:47.000]  Excuse me. And what I did is just said the same thing.
[01:19:47.000 --> 01:19:57.000]  The officer has no vested authority to make a traffic stop in the first place without a criminal offense of any kind.
[01:19:57.000 --> 01:20:06.000]  So she bypassed that. This is after an hour of me cross-examining the officers that they found any of the instruments in my possession,
[01:20:06.000 --> 01:20:11.000]  such as commercial log book, driver's license, registration, proof of insurance, log book,
[01:20:11.000 --> 01:20:15.000]  or anything that would pertain like receipts, an employer's name,
[01:20:15.000 --> 01:20:22.000]  anything that would indicate that I'm engaged in transportation, transporting people or property.
[01:20:22.000 --> 01:20:30.000]  And the officers in both, when they made their statements and every time they used the word vehicle or operator or driver,
[01:20:30.000 --> 01:20:33.000]  I'd set objection to each one of those.
[01:20:33.000 --> 01:20:37.000]  So the judge only told me a limited amount of times to do that,
[01:20:37.000 --> 01:20:46.000]  and she just put it in the notes that that would be taken into consideration for my appeal and put into the record.
[01:20:46.000 --> 01:20:52.000]  Now, the court is a court of record, so I have to get a copy of the audio.
[01:20:52.000 --> 01:20:57.000]  That's all they have. They have an audio portion to that, so I can get that at a later time.
[01:20:57.000 --> 01:21:04.000]  But she was kind of stunned, and both officers were kind of stunned. They didn't know what to do.
[01:21:04.000 --> 01:21:12.000]  So she paused and took a moment here and said, well, we've been going on this case here for a while here,
[01:21:12.000 --> 01:21:19.000]  and we want to be able to take recess for lunch here pretty soon, so we have to wrap this up pretty soon.
[01:21:19.000 --> 01:21:30.000]  And she looked at her reference that she had on the desk. She had the two books, the revised statutes books,
[01:21:30.000 --> 01:21:37.000]  and both of them said, well, at this time, I'm going to go ahead and pronounce you guilty of driving without a license,
[01:21:37.000 --> 01:21:44.000]  operating a motor vehicle without insurance or having proof of registration or keeping the registration up to date in both cases.
[01:21:44.000 --> 01:21:52.000]  So I'm going to figure the fines here is $1,700 for this particular case and $1,700 for the other case, so a total of $3,400.
[01:21:52.000 --> 01:21:57.000]  When you make your appeal, we don't have anything to do with that, but you go ahead and you can appeal to the state,
[01:21:57.000 --> 01:22:05.000]  but you must post the whole fee up front and then the filing fees along with that, and that will be all.
[01:22:05.000 --> 01:22:15.000]  But I did pretty well during that, but the thing I did is I argued transportation a little bit first before that.
[01:22:15.000 --> 01:22:22.000]  Wait a minute. We really need to move along. We've got a whole full board of callers. Is there a question here?
[01:22:22.000 --> 01:22:27.000]  No, that's just an example, just giving a case point for that.
[01:22:27.000 --> 01:22:31.000]  I do have a question, and this is the original purpose of the call, but we got off on a tangent on this
[01:22:31.000 --> 01:22:38.000]  because you were discussing things that were relevant to traffic courts, so I'm just giving my testimony to that,
[01:22:38.000 --> 01:22:44.000]  and I've taken notes to which you would recommend that I should do, and I will go ahead and do that.
[01:22:44.000 --> 01:22:48.000]  But the original purpose of the call is because you deal a little bit with real estate, right?
[01:22:48.000 --> 01:22:50.000]  Yes, yes, I do.
[01:22:50.000 --> 01:22:58.000]  Oh, okay, yeah, property law and all that kind of stuff. My stepmom is 90, almost 98 years old.
[01:22:58.000 --> 01:23:06.000]  I'm kind of far from removing what to do to go help her in person, so she's about 1,000 miles away from me.
[01:23:06.000 --> 01:23:13.000]  But she has 12 little small parcel properties, and she's trying to get rid of them.
[01:23:13.000 --> 01:23:22.000]  She, I think, had some real estate company that she was trying to get interested in helping her out
[01:23:22.000 --> 01:23:26.000]  and getting these properties sold for her, but they haven't gotten back to her yet.
[01:23:26.000 --> 01:23:34.000]  What would you suggest that I should tell her what to do, how to handle these things, because she's kind of by herself.
[01:23:34.000 --> 01:23:39.000]  There's a neighbor up the street that helps her with things and checks on her, and she's okay.
[01:23:39.000 --> 01:23:44.000]  She's having a difficult time being able to get around at her age.
[01:23:44.000 --> 01:23:51.000]  It should not be terribly difficult to find a real estate agent who would want to sell these properties for her.
[01:23:51.000 --> 01:23:58.000]  If one agent hasn't acted, did she give the agent a contract?
[01:23:58.000 --> 01:24:03.000]  Not that I know. I don't know the full details about it.
[01:24:03.000 --> 01:24:09.000]  The deal is these are 12 small parcel properties, like just little pieces of land.
[01:24:09.000 --> 01:24:14.000]  They're undeveloped, 12 properties, and she has them all over the southwest.
[01:24:14.000 --> 01:24:24.000]  She has a couple in Utah, a couple three in Arizona, and the rest of the properties are in the Southern California area,
[01:24:24.000 --> 01:24:27.000]  on the desert, and other places in the high desert.
[01:24:27.000 --> 01:24:32.000]  She can't get around since she can't use an automobile anymore.
[01:24:32.000 --> 01:24:36.000]  The only way I know to sell it is to a real estate agent.
[01:24:36.000 --> 01:24:43.000]  This is not really a legal issue. It's not the kind of thing I deal with.
[01:24:43.000 --> 01:24:49.000]  She just needs to find real estate agents in the local area, or she could do ads,
[01:24:49.000 --> 01:24:56.000]  like do an ad in a paper in New York City and sell people property in California and Nevada.
[01:24:56.000 --> 01:25:01.000]  People there buy property just to be able to say they have it.
[01:25:01.000 --> 01:25:08.000]  Right. So she would have to go to someone who would deal with selling properties all over the country?
[01:25:08.000 --> 01:25:10.000]  Yes.
[01:25:10.000 --> 01:25:12.000]  Okay.
[01:25:12.000 --> 01:25:16.000]  Even in the East, they can buy property in the West, they feel like they're Westerners,
[01:25:16.000 --> 01:25:19.000]  and they got a lot of money over there.
[01:25:19.000 --> 01:25:21.000]  Right, right. Okay.
[01:25:21.000 --> 01:25:28.000]  So do you know offhand anything like online, like a website or anything like that that you know of?
[01:25:28.000 --> 01:25:31.000]  There's probably a thousand of them.
[01:25:31.000 --> 01:25:33.000]  A thousand, okay.
[01:25:33.000 --> 01:25:41.000]  We use Zillow. I use Zillow for reference, but there's thousands of real estate agents and real estate sites.
[01:25:41.000 --> 01:25:48.000]  Then there's probably some specific for unimproved property.
[01:25:48.000 --> 01:25:50.000]  Okay.
[01:25:50.000 --> 01:25:54.000]  But it's not an area I know much about.
[01:25:54.000 --> 01:25:57.000]  All right. All right, I'll go to that.
[01:25:57.000 --> 01:25:59.000]  All right, Randy, well, that's what I wanted to do.
[01:25:59.000 --> 01:26:03.000]  I wanted to see if I could give her a hand in any way, and we have a little bit of knowledge of that stuff,
[01:26:03.000 --> 01:26:05.000]  so I thought I'd call you and ask you about that.
[01:26:05.000 --> 01:26:10.000]  But yeah, I'll do all the other things that you recommended and considered.
[01:26:10.000 --> 01:26:13.000]  Okay. Well, good luck on it, and thank you for calling.
[01:26:13.000 --> 01:26:18.000]  Now we're going to go to Scott in Texas. Hello, Scott.
[01:26:18.000 --> 01:26:21.000]  Hello, Randy. All right.
[01:26:21.000 --> 01:26:29.000]  Well, I went, I got a call from his sheriff a couple of days ago, like Wednesday,
[01:26:29.000 --> 01:26:34.000]  and he called me up and said, do you know that you had a warrant for your arrest?
[01:26:34.000 --> 01:26:39.000]  And I was like, no, there's no way I have a warrant for my arrest.
[01:26:39.000 --> 01:26:41.000]  He said, well, you missed a court date.
[01:26:41.000 --> 01:26:47.000]  I said, no, my court date's not until September, and I have the paperwork to prove it.
[01:26:47.000 --> 01:26:52.000]  And if you wait a few minutes, I'll be at the house, and I will email you a copy of it.
[01:26:52.000 --> 01:27:00.000]  He said, okay, well, I will, this is for Rockwall County, probably one of the corruptest ones in Texas.
[01:27:00.000 --> 01:27:03.000]  And anyhow, so I got home.
[01:27:03.000 --> 01:27:09.000]  He called me right back, and because he was going to call the DA to verify that, you know, I did have a warrant.
[01:27:09.000 --> 01:27:13.000]  So he calls me back, and he says, oh, well, it's not for this case.
[01:27:13.000 --> 01:27:14.000]  It's for another case.
[01:27:14.000 --> 01:27:25.000]  Well, I had a case for the driving with an invalid license, and I set it up for appeal because I was found guilty by a jury.
[01:27:25.000 --> 01:27:32.000]  So I went ahead and put it in for an appeal, and it went to the county courthouse, and I haven't heard anything about it.
[01:27:32.000 --> 01:27:41.000]  Well, they went ahead and supposedly issued me, sent a letter out saying that they had set a court date,
[01:27:41.000 --> 01:27:50.000]  which I had never received a letter from them, and sent the letter in May, had a court date in June,
[01:27:50.000 --> 01:27:54.000]  and then I get the call here just the other day.
[01:27:54.000 --> 01:28:00.000]  And so I've been having the warrant out, I guess, I don't know for how long.
[01:28:00.000 --> 01:28:04.000]  And I've even been to court up there in Rockwall.
[01:28:04.000 --> 01:28:06.000]  They never mentioned nothing about it.
[01:28:06.000 --> 01:28:08.000]  I don't know if they had the warrant established.
[01:28:08.000 --> 01:28:10.000]  I don't know how they do their business.
[01:28:10.000 --> 01:28:13.000]  It's not my business to know how they do their warrant thing.
[01:28:13.000 --> 01:28:23.000]  But anyhow, so I talked to you, and you said, because they were wanting me to come turn myself in, and I was like, no, go talk to the county judge.
[01:28:23.000 --> 01:28:34.000]  So I went to go talk to the county judge that day, and the county judge is down in Austin doing some testing.
[01:28:34.000 --> 01:28:36.000]  We'll be back till Monday.
[01:28:36.000 --> 01:28:44.000]  Well, this is David Sweet, the county judge of Rockwall, who just got busted for a DWI about three or four months ago.
[01:28:44.000 --> 01:28:55.000]  And it was after I even turned in some paperwork accusing the cops of absent a Fourth Amendment warrant and violating due process.
[01:28:55.000 --> 01:28:59.000]  Well, right after all that paperwork, and that judge, he got busted.
[01:28:59.000 --> 01:29:11.000]  So I think the cops were kind of looking to hunt down a judge, because the judge had told the cops to arrest me right after the municipal court hearing,
[01:29:11.000 --> 01:29:20.000]  which is when I went to jail, and right after I got out of jail, I filed for the appeal, and that's when it went to appeal.
[01:29:20.000 --> 01:29:23.000]  And so I had all this stuff going on.
[01:29:23.000 --> 01:29:34.000]  Well, so when I went to go talk to the county judge, I also was carrying in my notice to sue, because I already sent in paperwork on that.
[01:29:34.000 --> 01:29:39.000]  And I know you got a break fixing to come up, so if you want to.
[01:29:39.000 --> 01:29:48.000]  Yep. Hang on. This is Randy Kelton, Rule of Law Radio. I call in number 512-646-1984.
[01:29:48.000 --> 01:30:01.000]  Colleen, I see you there. We will get to you when we're done with Scott. So hang on. We'll be right back.
[01:30:01.000 --> 01:30:06.000]  Underage drinkers aren't the only ones who should worry about getting carded these days.
[01:30:06.000 --> 01:30:12.000]  I'm Catherine Albrecht, and I'll be back in a moment to tell you why handing over your driver's license could have a whole new meaning.
[01:30:12.000 --> 01:30:19.000]  Your search engine is watching you, recording all your searches and creating a massive database of your personal information.
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[01:30:42.000 --> 01:30:50.000]  Would you share your address with perfect strangers? Probably not, but if you hand your driver's license to a store clerk, you may be sharing even more.
[01:30:50.000 --> 01:30:56.000]  Licenses contain a goldmine of digital information like height, weight, address, and birthdate.
[01:30:56.000 --> 01:31:00.000]  Stores can scan this into their databases to create marketing profiles.
[01:31:00.000 --> 01:31:05.000]  Overweight? You might get targeted advertising for the latest diet pill, all because you were carded.
[01:31:05.000 --> 01:31:09.000]  Here's a tip to make your next ID request less invasive.
[01:31:09.000 --> 01:31:14.000]  Place removable white tape over the magnetic strip and barcodes on your driver's license.
[01:31:14.000 --> 01:31:19.000]  The clerk will be able to make a visual verification, but won't be able to download your data.
[01:31:19.000 --> 01:31:31.000]  Like Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
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[01:32:59.000 --> 01:33:09.000]  May not actually be kidding about chemtrails.
[01:33:30.000 --> 01:33:35.000]  Okay, we are back. Randy Kelton, Google Law Radio, and we're talking to Scott in Texas.
[01:33:35.000 --> 01:33:37.000]  Okay, go ahead, Scott.
[01:33:37.000 --> 01:33:40.000]  All right, so I'm at the courthouse.
[01:33:40.000 --> 01:33:42.000]  It's two different courthouses.
[01:33:42.000 --> 01:33:47.000]  The old courthouse downtown is where the judge and the county commissioners reside,
[01:33:47.000 --> 01:33:54.000]  and the other courthouse over by the highway is where they hold their county court cases or blah, blah, blah, blah, blah.
[01:33:54.000 --> 01:33:56.000]  So anyhow, I'm at the old courthouse downtown.
[01:33:56.000 --> 01:34:03.000]  The judge ain't there, county commissioner doors are locked, and I spoke to the judge's secretary.
[01:34:03.000 --> 01:34:06.000]  I said, are there any commissioners here since, you know, the judge is out of town?
[01:34:06.000 --> 01:34:08.000]  She goes, yeah, there's one upstairs.
[01:34:08.000 --> 01:34:14.000]  So I tried upstairs, and I'm going to take in my notice to sue and talk to him for a minute.
[01:34:14.000 --> 01:34:17.000]  I give him the papers. I say, here, you've been noticed.
[01:34:17.000 --> 01:34:19.000]  And he goes, okay, what's this?
[01:34:19.000 --> 01:34:23.000]  I tell him, this is a lawsuit, or this is notice to sue.
[01:34:23.000 --> 01:34:26.000]  And I said, here, you can read it yourself.
[01:34:26.000 --> 01:34:29.000]  So he starts reading through it, dah, dah, dah, dah, dah.
[01:34:29.000 --> 01:34:33.000]  And then he starts telling me how to edit these documents.
[01:34:33.000 --> 01:34:37.000]  And now he's giving me some legal advice to strike the ink off Rockwell County Ink
[01:34:37.000 --> 01:34:40.000]  and put the state of Texas, yada, yada, yada.
[01:34:40.000 --> 01:34:46.000]  Then I tell him kind of what's going on with this in this county, how I'm getting this kangaroo courts.
[01:34:46.000 --> 01:34:50.000]  A municipal court judge had me arrested right after court.
[01:34:50.000 --> 01:34:54.000]  When it was still, when I was going to go and appeal it, she knew I was going to appeal it.
[01:34:54.000 --> 01:34:56.000]  She had me arrested immediately.
[01:34:56.000 --> 01:35:04.000]  So then this, the appeal case, I was never sent any letter certified
[01:35:04.000 --> 01:35:10.000]  or by a process server of a notice to appear for the case, and now I have a warrant for my arrest.
[01:35:10.000 --> 01:35:15.000]  So he tells me, okay, well, you know, the county judge has nothing to do with that.
[01:35:15.000 --> 01:35:17.000]  He's just magistrate, blah, blah, blah, blah, blah.
[01:35:17.000 --> 01:35:25.000]  You need to go over and talk to that judge that's in charge of the case, Brian Williams is the judge over there.
[01:35:25.000 --> 01:35:27.000]  I said, okay, fine.
[01:35:27.000 --> 01:35:28.000]  So I go over there.
[01:35:28.000 --> 01:35:33.000]  Now I go talk to the court administrators because he's not up there on the bench.
[01:35:33.000 --> 01:35:35.000]  I go talk to the court administrators.
[01:35:35.000 --> 01:35:37.000]  They say, yeah, what do you want to do?
[01:35:37.000 --> 01:35:42.000]  I said, well, I need this warrant lifted and, you know, I need to reset it so I can have appeal,
[01:35:42.000 --> 01:35:45.000]  so I can have my hearing on the appeal because I was never notified.
[01:35:45.000 --> 01:35:50.000]  So they tell me, okay, we're going to make an exception, be here at 9 o'clock in the morning.
[01:35:50.000 --> 01:35:57.000]  So the next morning, Thursday morning, I go there and I'm going to, I'm waiting to talk to the judge
[01:35:57.000 --> 01:36:02.000]  and then the lady, she will, and I also gave them that notice to sue.
[01:36:02.000 --> 01:36:07.000]  So I'm sure the phone started buzzing that, oh, this guy, he wants to sue, yada, yada.
[01:36:07.000 --> 01:36:12.000]  Well, anyhow, the court administrator set me up real good because when I got in there,
[01:36:12.000 --> 01:36:16.000]  they were saying, oh, well, you just need to fill out this paperwork here on something.
[01:36:16.000 --> 01:36:20.000]  And it was, I'm not even sure why I had to fill something out.
[01:36:20.000 --> 01:36:25.000]  I was like, do you want to have a meeting with a prosecutor or work out terms
[01:36:25.000 --> 01:36:30.000]  or get your own attorney or get a court appointed attorney?
[01:36:30.000 --> 01:36:33.000]  And I'm like, I don't even know why I'm filling this out.
[01:36:33.000 --> 01:36:39.000]  But so I just filled out court appointed attorney, whatever, just went back up there and stuck it in.
[01:36:39.000 --> 01:36:44.000]  Well, as soon as I gave them that piece of paper, then the bailiff arrest me for the warrant.
[01:36:44.000 --> 01:36:48.000]  I said, hey, wait a minute, I am here to see the judge about this.
[01:36:48.000 --> 01:36:50.000]  This is the whole reason I'm here.
[01:36:50.000 --> 01:36:52.000]  Well, I didn't want to hear it.
[01:36:52.000 --> 01:36:54.000]  And so they carted me off and stuck me in jail for four hours.
[01:36:54.000 --> 01:36:58.000]  I got out, I had to walk about six miles back towards the house
[01:36:58.000 --> 01:37:01.000]  and finally got ahold of my mom's because she didn't come get me.
[01:37:01.000 --> 01:37:06.000]  Well, then I had to truck back up there to the, I went back up to the courthouse
[01:37:06.000 --> 01:37:13.000]  to go see the actual paper that they supposedly had mailed me to find out what the dates were.
[01:37:13.000 --> 01:37:15.000]  That's why I know it was May.
[01:37:15.000 --> 01:37:17.000]  They sent the letter out in June.
[01:37:17.000 --> 01:37:18.000]  They had the court date.
[01:37:18.000 --> 01:37:21.000]  And I'm talking to the court clerk now.
[01:37:21.000 --> 01:37:23.000]  I said, okay.
[01:37:23.000 --> 01:37:25.000]  I said, how do you all send these out?
[01:37:25.000 --> 01:37:30.000]  Do you all actually send these certified mail or by process server?
[01:37:30.000 --> 01:37:32.000]  Because I never got this notice.
[01:37:32.000 --> 01:37:34.000]  Well, we don't do that.
[01:37:34.000 --> 01:37:37.000]  I said, well, okay, who signed this document here?
[01:37:37.000 --> 01:37:41.000]  And who set this for the case?
[01:37:41.000 --> 01:37:44.000]  Was it the judge that sent it or was it the DA?
[01:37:44.000 --> 01:37:45.000]  No, it was the court clerk.
[01:37:45.000 --> 01:37:47.000]  They said, well, the court clerk sent it.
[01:37:47.000 --> 01:37:49.000]  And I asked them, well, who signed it?
[01:37:49.000 --> 01:37:51.000]  Well, nobody signs it.
[01:37:51.000 --> 01:37:52.000]  Okay.
[01:37:52.000 --> 01:37:58.000]  So nobody signs the notice to come to the court date.
[01:37:58.000 --> 01:38:03.000]  And they don't make sure that you get it by certified mail like other courts have sent me.
[01:38:03.000 --> 01:38:07.000]  And so now I just got railroaded on the whole thing.
[01:38:07.000 --> 01:38:09.000]  They thought it's cute and funny.
[01:38:09.000 --> 01:38:13.000]  And the actual bailiff, when I walked back in, he goes, oh, you got out of jail.
[01:38:13.000 --> 01:38:16.000]  I said, yeah, I've been walking for three and a half hours.
[01:38:16.000 --> 01:38:21.000]  I'm all sunburnt and beaten, sweating.
[01:38:21.000 --> 01:38:23.000]  I looked like I was just walking out of the desert.
[01:38:23.000 --> 01:38:25.000]  He thought it was kind of funny.
[01:38:25.000 --> 01:38:28.000]  Well, I walked in there and talked to the clerk and got that information.
[01:38:28.000 --> 01:38:29.000]  I walked back out.
[01:38:29.000 --> 01:38:30.000]  I walked straight to that bailiff.
[01:38:30.000 --> 01:38:32.000]  I said, you got a card?
[01:38:32.000 --> 01:38:33.000]  No, I don't have a card.
[01:38:33.000 --> 01:38:34.000]  I said, what's your name?
[01:38:34.000 --> 01:38:35.000]  He told me his name.
[01:38:35.000 --> 01:38:38.000]  I took a couple of steps closer and I read his name card off.
[01:38:38.000 --> 01:38:40.000]  I said, da, da, da, da, da.
[01:38:40.000 --> 01:38:44.000]  And he said, yeah, deputy sheriff.
[01:38:44.000 --> 01:38:46.000]  I said, okay, I'll see you later.
[01:38:46.000 --> 01:38:51.000]  And then I walked out and then I had to go talk to the bail bonds people.
[01:38:51.000 --> 01:38:57.000]  And I told the bail bonds people, well, the court administrators the day before said, oh, yeah, we hear this all the time.
[01:38:57.000 --> 01:38:59.000]  Everybody misses their court date.
[01:38:59.000 --> 01:39:00.000]  You was notified.
[01:39:00.000 --> 01:39:01.000]  You got a letter.
[01:39:01.000 --> 01:39:02.000]  I said, I never got a letter.
[01:39:02.000 --> 01:39:09.000]  But when I went to go talk to the bail bonds people, told them what happened, they said, oh, yeah, this happens all the time here.
[01:39:09.000 --> 01:39:14.000]  And so they've got a nice little racket going where nobody's getting notice.
[01:39:14.000 --> 01:39:20.000]  They claim that they're mailing out this notice and everybody's just getting warrants for their arrest.
[01:39:20.000 --> 01:39:25.000]  And they're just racking everybody up like sheep to a slaughterhouse.
[01:39:25.000 --> 01:39:29.000]  So that's kind of the gist on that right now.
[01:39:29.000 --> 01:39:38.000]  This definitely needs a private attorney general suit.
[01:39:38.000 --> 01:39:46.000]  Because if this is happening all the time, then we need to do some discovery.
[01:39:46.000 --> 01:39:56.000]  And this is a good place to do 202 pre-litigation discovery.
[01:39:56.000 --> 01:40:08.000]  You want to see evidence of all of the warrants issued for failure to appear in this court.
[01:40:08.000 --> 01:40:21.000]  And we see how failures to appear in this court measure up against the mean average for the state of Texas.
[01:40:21.000 --> 01:40:29.000]  And then you come back and do a private attorney general suit, false imprisonment for all of these arrests for failure to appear.
[01:40:29.000 --> 01:40:37.000]  Yours especially because you were arrested in the courthouse and they're required to take you to the nearest magistrate.
[01:40:37.000 --> 01:40:41.000]  And they took you out of the courthouse full of magistrates over to the jail.
[01:40:41.000 --> 01:40:45.000]  That was clearly deliberately punishment.
[01:40:45.000 --> 01:40:51.000]  Oh, it was clearly set up because the judge is sitting up there on the bench.
[01:40:51.000 --> 01:40:57.000]  And I said out loud, I am here to see the judge about this.
[01:40:57.000 --> 01:40:59.000]  And they said, no, can't see the judge.
[01:40:59.000 --> 01:41:02.000]  I'm like, oh, they were saying it's ex parte.
[01:41:02.000 --> 01:41:06.000]  I'm like, well, go get a doggone DA then, you know.
[01:41:06.000 --> 01:41:07.000]  They weren't going to do anything.
[01:41:07.000 --> 01:41:13.000]  All they wanted to do was arrest me because I've been giving them a spit over there.
[01:41:13.000 --> 01:41:15.000]  This is what they do to punish.
[01:41:15.000 --> 01:41:18.000]  You've got to sue them.
[01:41:18.000 --> 01:41:28.000]  And you need to file criminally against this bailiff for arresting you in the courthouse where magistrates were available
[01:41:28.000 --> 01:41:34.000]  and taking you from the courthouse to a place where magistrates weren't available.
[01:41:34.000 --> 01:41:39.000]  That's false imprisonment on its face.
[01:41:39.000 --> 01:41:41.000]  And they don't care that it's policy.
[01:41:41.000 --> 01:41:47.000]  The fact that it's policy makes it RICO.
[01:41:47.000 --> 01:41:56.000]  Yeah, they're definitely set up for RICO because I actually made criminal complaints against the municipal judge
[01:41:56.000 --> 01:42:00.000]  for taking me back in chambers and just violating my life's right and left.
[01:42:00.000 --> 01:42:05.000]  So I made criminal charges and sent it over to the chief of police in an email
[01:42:05.000 --> 01:42:10.000]  because they want to be, you know, up to the 21st century.
[01:42:10.000 --> 01:42:13.000]  So I sent the criminal charges to the chief of police.
[01:42:13.000 --> 01:42:19.000]  He sent me back a letter stating that he can't do anything, give it to the DA.
[01:42:19.000 --> 01:42:24.000]  Well, in the DA, when I give him my subject matter jurisdiction,
[01:42:24.000 --> 01:42:29.000]  I also had criminal charges against the cop for arresting me
[01:42:29.000 --> 01:42:37.000]  and had him for aggravated kidnap and aggravated assault and all that stuff.
[01:42:37.000 --> 01:42:39.000]  Well, the DA told me he can't do anything.
[01:42:39.000 --> 01:42:42.000]  He has to take it to the cop.
[01:42:42.000 --> 01:42:43.000]  So now we've got a whole circle.
[01:42:43.000 --> 01:42:45.000]  Hold on, hold on.
[01:42:45.000 --> 01:42:49.000]  Under 2.13, Texas Code of Criminal Procedure,
[01:42:49.000 --> 01:42:57.000]  the chief of police was required to present the complaint to some magistrate.
[01:42:57.000 --> 01:43:03.000]  Under 2.03, the district attorney was required to present,
[01:43:03.000 --> 01:43:08.000]  to reduce the complaint to an information submitted to the grand jury.
[01:43:08.000 --> 01:43:13.000]  Absolute requirement.
[01:43:13.000 --> 01:43:18.000]  So you need to file criminally against both of them
[01:43:18.000 --> 01:43:22.000]  and take that directly to a grand jury.
[01:43:22.000 --> 01:43:25.000]  And then when the district attorney tries to interfere,
[01:43:25.000 --> 01:43:29.000]  then we need to start up the line.
[01:43:29.000 --> 01:43:32.000]  You go from the district attorney to a district judge,
[01:43:32.000 --> 01:43:35.000]  from the district judge to the attorney general,
[01:43:35.000 --> 01:43:38.000]  to the chief justice to the supreme.
[01:43:38.000 --> 01:43:41.000]  Hang on, Randy Kelton.
[01:43:41.000 --> 01:44:00.000]  We'll be right back.
[01:44:00.000 --> 01:44:02.000]  At Capital Coin and Bullion,
[01:44:02.000 --> 01:44:05.000]  our mission is to be your preferred shopping destination
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[01:46:01.000 --> 01:46:30.000]  Okay, we are back.
[01:46:30.000 --> 01:46:32.000]  Randy Kelton, Rule of Law Radio.
[01:46:32.000 --> 01:46:37.000]  And we're talking to Scott in Texas, and Scott, I know it gets frustrating.
[01:46:37.000 --> 01:46:41.000]  And I know it grinds on you after a while.
[01:46:41.000 --> 01:46:44.000]  And it's easier to give up and walk away,
[01:46:44.000 --> 01:46:50.000]  but you can't expect them not to give you a fight.
[01:46:50.000 --> 01:46:53.000]  They're used to doing this. They do this all the time.
[01:46:53.000 --> 01:46:59.000]  And they're used to people getting frustrated and giving up.
[01:46:59.000 --> 01:47:04.000]  They're not used to somebody coming right after them.
[01:47:04.000 --> 01:47:07.000]  It builds up on them.
[01:47:07.000 --> 01:47:12.000]  This thing gets worse and worse for them.
[01:47:12.000 --> 01:47:19.000]  So all I can tell you is hang in there. It will get better.
[01:47:19.000 --> 01:47:22.000]  Oh, I'm going to hang in there. I have no choice.
[01:47:22.000 --> 01:47:24.000]  These people are so corrupt.
[01:47:24.000 --> 01:47:29.000]  People standing behind me even are sitting there griping it.
[01:47:29.000 --> 01:47:32.000]  They know everything in that little town is so corrupt.
[01:47:32.000 --> 01:47:35.000]  The cops just see everybody as a meal ticket.
[01:47:35.000 --> 01:47:40.000]  The judges and the DAs are just lining up, lining their pockets.
[01:47:40.000 --> 01:47:42.000]  That town is so corrupt.
[01:47:42.000 --> 01:47:47.000]  It is the smallest county in Texas and the richest county in Texas.
[01:47:47.000 --> 01:47:51.000]  And they are just greedy beyond all doubt.
[01:47:51.000 --> 01:47:55.000]  And they're just barbecuing everybody.
[01:47:55.000 --> 01:47:58.000]  The way to do it is to get in their pockets.
[01:47:58.000 --> 01:48:03.000]  Once you start the lawsuit, they're going to hire attorneys.
[01:48:03.000 --> 01:48:07.000]  The first thing you want to do is bar-grieve the attorneys.
[01:48:07.000 --> 01:48:12.000]  Judicial conduct comes to complain to the judge every time he moves.
[01:48:12.000 --> 01:48:16.000]  If you guys want to play hardball, we'll introduce you to hardball.
[01:48:16.000 --> 01:48:19.000]  The first time you can get someone to give you fair warning,
[01:48:19.000 --> 01:48:22.000]  you charge them in the Fed.
[01:48:22.000 --> 01:48:27.000]  You almost certainly need to sue these folks in the Fed.
[01:48:27.000 --> 01:48:33.000]  I've worked on all my Title 42s today because I've got five of them going.
[01:48:33.000 --> 01:48:37.000]  But I've got the one for Rockwall all put together.
[01:48:37.000 --> 01:48:43.000]  And I've already emailed you all of that stuff so you would have a little entertainment.
[01:48:43.000 --> 01:48:53.000]  I looked at your lawsuit and it was surprisingly well done.
[01:48:53.000 --> 01:48:55.000]  I'm going through the statement of facts.
[01:48:55.000 --> 01:48:58.000]  Now, about halfway through the statement of facts,
[01:48:58.000 --> 01:49:05.000]  you kind of deteriorated into name calling and conclusion,
[01:49:05.000 --> 01:49:09.000]  but that's easy enough to mop up.
[01:49:09.000 --> 01:49:14.000]  But so far, about halfway through, it's just pretty well done.
[01:49:14.000 --> 01:49:15.000]  Okay.
[01:49:15.000 --> 01:49:17.000]  You're getting better.
[01:49:17.000 --> 01:49:18.000]  Well, thanks.
[01:49:18.000 --> 01:49:21.000]  It's a work in progress.
[01:49:21.000 --> 01:49:23.000]  By the time you get done with this,
[01:49:23.000 --> 01:49:27.000]  none of these people are going to want to mess with you.
[01:49:27.000 --> 01:49:29.000]  That's the whole goal.
[01:49:29.000 --> 01:49:33.000]  It's like I told that judge the last time I was there when I gave him
[01:49:33.000 --> 01:49:38.000]  three criminal complaints against the other judge and he refused to take them.
[01:49:38.000 --> 01:49:40.000]  He just handed them right back to me.
[01:49:40.000 --> 01:49:44.000]  It's like every time I hand that judge something, he just hands it right back to me.
[01:49:44.000 --> 01:49:45.000]  I can't do that.
[01:49:45.000 --> 01:49:48.000]  And he actually told me, he goes, you have to put that in your lawsuit.
[01:49:48.000 --> 01:49:50.000]  I'm like, all right.
[01:49:50.000 --> 01:49:56.000]  But now I've got charges on him for failure to accept a criminal complaint on another judge.
[01:49:56.000 --> 01:49:59.000]  And I sit there and he shouted it out in court.
[01:49:59.000 --> 01:50:02.000]  I didn't shout, but I said it in court.
[01:50:02.000 --> 01:50:10.000]  And so anyhow, now I've got charges against that judge for not accepting charges on the other judge.
[01:50:10.000 --> 01:50:12.000]  But yeah, I've got all these.
[01:50:12.000 --> 01:50:16.000]  I told him, I said, all I want to be done, all I want is to be left alone.
[01:50:16.000 --> 01:50:18.000]  And y'all won't do that.
[01:50:18.000 --> 01:50:21.000]  I mean, good Lord.
[01:50:21.000 --> 01:50:25.000]  Well, they expect you to get frustrated and angry.
[01:50:25.000 --> 01:50:29.000]  And I understand your frustration and anger.
[01:50:29.000 --> 01:50:41.000]  I understand them myself, but I spend this time trying to find ways to keep things from getting this difficult.
[01:50:41.000 --> 01:50:46.000]  And that's why I suggest people go after them very, very early.
[01:50:46.000 --> 01:50:54.000]  The quicker you go after them, the more they want to get away from you.
[01:50:54.000 --> 01:51:02.000]  And we just talked to a rater from Oregon, and he's holding off on his criminal complaints.
[01:51:02.000 --> 01:51:05.000]  And they just keep coming at him and they're going to keep coming at him.
[01:51:05.000 --> 01:51:09.000]  They're not ever going to stop coming at him until he goes back after them.
[01:51:09.000 --> 01:51:12.000]  The sooner you go after them, the better.
[01:51:12.000 --> 01:51:14.000]  Right.
[01:51:14.000 --> 01:51:17.000]  I walk into court, I get two words I don't like.
[01:51:17.000 --> 01:51:21.000]  I go after them immediately.
[01:51:21.000 --> 01:51:30.000]  And it tends to lessen the garbage that I have to put up with.
[01:51:30.000 --> 01:51:31.000]  And this will happen to you.
[01:51:31.000 --> 01:51:36.000]  You'll get better at it.
[01:51:36.000 --> 01:51:39.000]  But hang in there.
[01:51:39.000 --> 01:51:40.000]  I'm going to hang in there.
[01:51:40.000 --> 01:51:44.000]  I got a slew of criminal complaints to work up over the weekend and Tuesday.
[01:51:44.000 --> 01:51:48.000]  I don't know that county judge is going to be there.
[01:51:48.000 --> 01:51:54.000]  I'm going to go have a chat with him and I'm going to take my amended notice to sue,
[01:51:54.000 --> 01:51:57.000]  which is now going to be $1.2 million.
[01:51:57.000 --> 01:52:01.000]  I'm going to hand him that and I'm going to hand him a whole stack of criminal complaints
[01:52:01.000 --> 01:52:09.000]  on everybody from the judge to the chief of police to the DA to the bailiff to the other judge
[01:52:09.000 --> 01:52:11.000]  and everybody in between.
[01:52:11.000 --> 01:52:14.000]  Oh, the court clerk, which I don't even know which court clerk it is,
[01:52:14.000 --> 01:52:18.000]  so I'm just going to have to say at all and name everybody in the court clerk.
[01:52:18.000 --> 01:52:20.000]  Well, just unnamed court clerk.
[01:52:20.000 --> 01:52:23.000]  You can get them to tell you or refuse.
[01:52:23.000 --> 01:52:30.000]  You don't care because you'll name whoever the head clerk is as respondeat superior.
[01:52:30.000 --> 01:52:37.000]  And you need, you might start thinking of this in terms of grand juries.
[01:52:37.000 --> 01:52:40.000]  I'm getting the grand jury open here in Wise County.
[01:52:40.000 --> 01:52:43.000]  We may just bring it to Wise County.
[01:52:43.000 --> 01:52:45.000]  I would love to.
[01:52:45.000 --> 01:52:49.000]  Wise County don't have a dog in their hunt.
[01:52:49.000 --> 01:52:51.000]  So we bring those complaints.
[01:52:51.000 --> 01:52:54.000]  You put these together.
[01:52:54.000 --> 01:52:58.000]  You have a number of different jurisdictions.
[01:52:58.000 --> 01:53:04.000]  So you stitch them all together to show a pattern of abuse and misconduct.
[01:53:04.000 --> 01:53:07.000]  And you know, you've got grand jurors that are ordinary people
[01:53:07.000 --> 01:53:12.000]  and most of these folks have had tickets.
[01:53:12.000 --> 01:53:19.000]  And when they look at your legal arguments, they are not going to be happy campers.
[01:53:19.000 --> 01:53:25.000]  They're likely to feel like they've been screwed all these years.
[01:53:25.000 --> 01:53:29.000]  It's a good chance if you bring enough of this and stitch it all together
[01:53:29.000 --> 01:53:31.000]  and show how it fits together.
[01:53:31.000 --> 01:53:37.000]  And it's not that they just somehow didn't get the letter out to you
[01:53:37.000 --> 01:53:43.000]  to notice this hearing that this is a constant ongoing problem.
[01:53:43.000 --> 01:53:48.000]  So it indicates deliberateness and mens reas on their part.
[01:53:48.000 --> 01:53:53.000]  It's a good chance you'll get some indictments.
[01:53:53.000 --> 01:54:00.000]  You're sure going to terrify them even if you don't.
[01:54:00.000 --> 01:54:07.000]  So construct it in terms of a grand jury presentment on all of them
[01:54:07.000 --> 01:54:17.000]  as you want to join them all in one overriding conspiracy.
[01:54:17.000 --> 01:54:21.000]  All the criminal complaints, try to weave them all together.
[01:54:21.000 --> 01:54:30.000]  Yeah, you look at them and try to present them in a way that demonstrates
[01:54:30.000 --> 01:54:33.000]  that these are not by mistake.
[01:54:33.000 --> 01:54:40.000]  That this is not public officials just following a flawed policy.
[01:54:40.000 --> 01:54:49.000]  But this is a very deliberate policy, very carefully crafted criminal connivance
[01:54:49.000 --> 01:54:57.000]  intended to support an unauthorized tax in a form of fraudulent fines
[01:54:57.000 --> 01:55:01.000]  and fees charged to the public.
[01:55:01.000 --> 01:55:08.000]  This is the kind of thing ordinary people who are being stung every day will respond to.
[01:55:08.000 --> 01:55:17.000]  These guys are used to you're going before another judge trying to get one of them prosecuted.
[01:55:17.000 --> 01:55:23.000]  The judges and all the members of this group are going to protect each other.
[01:55:23.000 --> 01:55:27.000]  Grand jury members are not part of their clique.
[01:55:27.000 --> 01:55:30.000]  They're a whole other animal.
[01:55:30.000 --> 01:55:39.000]  No matter how well stacked you may think you have one, odds are they're not well stacked.
[01:55:39.000 --> 01:55:42.000]  Anyway, let's stay with it.
[01:55:42.000 --> 01:55:44.000]  I'll help you all I can.
[01:55:44.000 --> 01:55:50.000]  Next week I want to get down there and do a little snooping around myself.
[01:55:50.000 --> 01:55:53.000]  I'll give them a set of information requests.
[01:55:53.000 --> 01:55:57.000]  It always helps if you've got a third party ringer in the mix.
[01:55:57.000 --> 01:56:02.000]  Oh, and I do have a third party witness because my buddy from Houston came up
[01:56:02.000 --> 01:56:09.000]  and they accused him of filming, jerked him up out of the gallery
[01:56:09.000 --> 01:56:14.000]  and brought him up before the judge and the judge said,
[01:56:14.000 --> 01:56:20.000]  we're going to hold you in contempt of court and seized his phone and looked through his phone.
[01:56:20.000 --> 01:56:28.000]  So I have a third party witness and I'm getting him to tighten up his criminal complaint against the judge already.
[01:56:28.000 --> 01:56:34.000]  So it's already looking like these people are just running rough shot over everybody
[01:56:34.000 --> 01:56:38.000]  and he has no dog in this fight.
[01:56:38.000 --> 01:56:41.000]  He's just getting right up there.
[01:56:41.000 --> 01:56:48.000]  Okay, well I'll come down there and I'll start dropping information requests on them.
[01:56:48.000 --> 01:56:54.000]  And what the first thing they'll do is look me up.
[01:56:54.000 --> 01:56:59.000]  And this is very likely it'll get them to want to be rid of you.
[01:56:59.000 --> 01:57:03.000]  At least that's my idea or not want to screw with you any further.
[01:57:03.000 --> 01:57:11.000]  And the main thing I want to look at are these failures to appear.
[01:57:11.000 --> 01:57:18.000]  So I'll put in some information requests for those.
[01:57:18.000 --> 01:57:23.000]  Information requests are an art form.
[01:57:23.000 --> 01:57:28.000]  If I do it right, I might actually get one of them to ask me why I'm asking for this information.
[01:57:28.000 --> 01:57:33.000]  Then that gets a 911 call.
[01:57:33.000 --> 01:57:41.000]  And then they get the 911 call from somebody who doesn't have anything going on in this jurisdiction.
[01:57:41.000 --> 01:57:45.000]  So that makes it difficult for them.
[01:57:45.000 --> 01:57:48.000]  Okay, well we'll keep after it.
[01:57:48.000 --> 01:57:53.000]  We should have something next week because I'll get over there and get some information requests in
[01:57:53.000 --> 01:57:57.000]  and see if we can't get them cranked up a bit.
[01:57:57.000 --> 01:57:59.000]  All right, I appreciate all your help.
[01:57:59.000 --> 01:58:02.000]  I'll let you go and get to the next person.
[01:58:02.000 --> 01:58:08.000]  Okay, and I'm glad you're hanging in there because it gets tough before it gets better.
[01:58:08.000 --> 01:58:16.000]  I know I fought him in Cherokee County and got convicted, got sentenced to a year in prison.
[01:58:16.000 --> 01:58:24.000]  And after 29 days in solitary confinement, I had enough and started filing criminal charges
[01:58:24.000 --> 01:58:29.000]  with the Court of Appeals and all of a sudden, even after they got a conviction,
[01:58:29.000 --> 01:58:36.000]  the judge sent the prosecutor down there to get me the heck out of that jail.
[01:58:36.000 --> 01:58:38.000]  Okay, thank you, Scott.
[01:58:38.000 --> 01:58:41.000]  We're going to break Randy Kelton's rule of our video.
[01:58:41.000 --> 01:58:45.000]  I call in number 512-646-1984.
[01:58:45.000 --> 01:58:50.000]  We'll be right back.
[01:58:50.000 --> 01:58:54.000]  The Bible remains the most popular book in the world,
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