ROL_2016-12-01_16k.timecode
[00:00.000 --> 00:07.880] The following use flash is brought to you by the Lone Star Lowdown, providing your daily
[00:07.880 --> 00:15.480] bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.480 --> 00:23.400] into the tides of the alternative.
[00:23.400 --> 00:29.440] Markets for Wednesday, the 30th of November, 2016, are currently trading with gold at $1,173
[00:29.440 --> 00:37.040] an ounce, silver $16.47 an ounce, Texas crude $45.23 a barrel, and Bitcoin is currently
[00:37.040 --> 00:46.160] sitting at about $742 U.S. currency.
[00:46.160 --> 00:53.280] Today in history, the year 1998, Exxon and Mobil signed a $73.7 billion merger agreement,
[00:53.280 --> 01:02.480] in effect creating ExxonMobil, the world's largest company, today in history.
[01:02.480 --> 01:08.840] In recent news, Abdul Razak Ali Artan, a Somalian-born U.S. resident and student at Ohio State University,
[01:08.840 --> 01:13.120] drove into a group of people and started stabbing them before he was fatally shot by a university
[01:13.120 --> 01:14.880] officer Monday morning.
[01:14.880 --> 01:18.440] Eleven people were injured, including one in critical condition.
[01:18.440 --> 01:21.920] Authorities and the FBI are investigating whether the attack was a terrorist act.
[01:21.920 --> 01:26.960] The university issued a series of tweets warning students that there was an active shooter,
[01:26.960 --> 01:29.880] causing confusion on campus near the engineering building.
[01:29.880 --> 01:34.560] It was Officer Alan Haruchko who fatally shot Abdul Artan after he drove over a curb and
[01:34.560 --> 01:38.160] then got out of his vehicle and began attacking people with a butcher knife.
[01:38.160 --> 01:42.640] Luckily, the officer was able to respond quickly since he was already nearby because of a gas
[01:42.640 --> 01:43.960] leak in the area.
[01:43.960 --> 01:48.600] Columbus Police Chief Kim Jacobs, when asked if it was considered a terrorist attack, said,
[01:48.600 --> 01:52.360] quote, I think we have to consider that it is, federal law enforcement officials have
[01:52.360 --> 01:56.840] recently brought attention to concerns of terrorist propaganda which encourages knife
[01:56.840 --> 02:06.080] and car attacks because they're easier to pull off than bombings.
[02:06.080 --> 02:10.200] The Texas legislator approved new rules this week which go into effect on December 19th,
[02:10.200 --> 02:14.580] requiring facilities which perform abortions to bury the fetal remains instead of disposing
[02:14.580 --> 02:18.320] them in a sanitary landfill like other forms of biological medical waste.
[02:18.320 --> 02:22.360] The new regulations do allow for the option of the fetal remains being stemmed disinfected
[02:22.360 --> 02:23.360] beforehand.
[02:23.360 --> 02:28.360] Texas Governor wrote in an email back in July, which the Tribune published in full, that,
[02:28.360 --> 02:32.440] quote, I believe it is imperative to establish higher standards that reflect our respect
[02:32.440 --> 02:33.600] for the sanctity of life.
[02:33.600 --> 02:37.520] This is why Texas will require clinics and hospitals to bury or cremate human and fetal
[02:37.520 --> 02:38.520] remains.
[02:38.520 --> 02:42.500] I don't believe human and fetal remains should be treated like medical waste and disposed
[02:42.500 --> 02:44.120] of in landfills.
[02:44.120 --> 02:48.200] Indiana and Louisiana passed similar measures this year, however, neither state has put
[02:48.200 --> 02:51.640] the new rules into effect amid continuing legal challenges.
[02:51.640 --> 03:18.680] This is Rick Rode with your Lowdown for November 30th, 2016.
[03:18.680 --> 03:41.640] The new regulations do allow for the option of the fetal remains being disposed of in
[03:41.640 --> 03:46.640] a sanitary landfill like other forms of biological waste.
[03:46.640 --> 03:54.000] Okay, howdy, howdy, Randy Kelton, Deborah Stevens, Rule of Law Radio on this Thursday,
[03:54.000 --> 03:59.240] the first day of December, 2016.
[03:59.240 --> 04:05.680] And tonight we're going to talk about grand juries and grand jury access.
[04:05.680 --> 04:09.000] I just had an interesting experience.
[04:09.000 --> 04:16.720] You know, we've been talking about going in there, going into the courts as the master
[04:16.720 --> 04:24.640] as opposed to the servants and performing our duty as the masters and forcing the servants
[04:24.640 --> 04:27.760] to follow the rules.
[04:27.760 --> 04:33.280] And sometimes we do this and for the most part, if you have an effect, they're not
[04:33.280 --> 04:34.760] going to tell you.
[04:34.760 --> 04:40.320] Now, anyone who's listened to the program for quite a while may remember that several
[04:40.320 --> 04:47.240] years ago, I sued Denton County, Texas for $11 million.
[04:47.240 --> 04:50.880] I sued 24 litigants.
[04:50.880 --> 05:02.240] I sued each litigant for following law, well, except one, and that was my worst nightmare.
[05:02.240 --> 05:07.200] He wasn't exactly following law when I asked him his name and he told me he was my worst
[05:07.200 --> 05:08.200] nightmare.
[05:08.200 --> 05:15.040] But a number of the litigants were sued because they wouldn't tell me what this guy's name
[05:15.040 --> 05:16.040] was.
[05:16.040 --> 05:22.960] Point of it is, is I asked them to do what the law commanded them to do and they didn't
[05:22.960 --> 05:23.960] do that.
[05:23.960 --> 05:24.960] So I charged them.
[05:24.960 --> 05:31.280] Well, when I got to court, the prosecutor got all of the litigants to deny all accusations
[05:31.280 --> 05:38.760] by Kelton and I promised one litigant, the clerk in one of the JP courts, that I would
[05:38.760 --> 05:44.960] not allow this suit to harm her because I'm naming no one for doing anything personal
[05:44.960 --> 05:49.840] to me, just failed to file policy.
[05:49.840 --> 05:57.880] And I wanted the judge to ask the prosecutor to ask all the litigants to change their answer
[05:57.880 --> 06:06.240] so that it wasn't perjurious because every claim I made, I could back up by court record.
[06:06.240 --> 06:13.680] And they're claiming that my accusation was, the facts I claimed didn't happen was perjurious.
[06:13.680 --> 06:16.120] The prosecutor, the judge, he said he couldn't do that.
[06:16.120 --> 06:20.680] The prosecutor, I mean, the defense counsel refused to have him do that.
[06:20.680 --> 06:27.680] So I dismissed the case, non-sued the case, kept my word.
[06:27.680 --> 06:33.360] Besides I wasn't really prepared to adjudicate that big a case at the time.
[06:33.360 --> 06:43.640] But I did have the transcript from the county court meeting where the county judge, not
[06:43.640 --> 06:53.680] the court of law, but the commission's court judge, Dick Armey, appointed the district
[06:53.680 --> 06:55.160] attorney to hear the case.
[06:55.160 --> 07:05.040] And in the transcript, it said the judge asked the district attorney, who is this my worst
[07:05.040 --> 07:06.040] nightmare?
[07:06.040 --> 07:12.720] And the DA said, well, apparently someone introduced himself to Mr. Kelton as his worst
[07:12.720 --> 07:13.720] nightmare.
[07:13.720 --> 07:19.440] And the judge said, yes, and I have a bone to pick with him.
[07:19.440 --> 07:22.960] Well, you know, we thought that was pretty funny.
[07:22.960 --> 07:27.680] And I did dismiss the case and didn't hear anything more about it.
[07:27.680 --> 07:33.040] Until last week, I met a friend of mine I hadn't seen in a long time, and she told me
[07:33.040 --> 07:39.040] she had just got a job with the Wise County Sheriff's Department in the jail.
[07:39.040 --> 07:45.920] And that before she could get started, she had to go to a training session where they're
[07:45.920 --> 07:49.920] teaching them how to handle difficult people.
[07:49.920 --> 07:55.760] And the person they used as an example was me.
[07:55.760 --> 08:02.560] They're not going to tell you when you really bust their chops, but they do have a tendency
[08:02.560 --> 08:06.480] to take what you do really, really serious.
[08:06.480 --> 08:13.320] And where we wanted to go from that is there is nothing more serious concerning our public
[08:13.320 --> 08:17.440] officials than a grand jury.
[08:17.440 --> 08:23.600] And when you're making accusations against public officials, the prosecuting attorney
[08:23.600 --> 08:29.480] is going to do everything he can to keep you from the grand jury.
[08:29.480 --> 08:34.160] And anyone who's listened to the program for any length of time knows that this has been
[08:34.160 --> 08:42.280] one of my primary focuses is opening up the grand jury.
[08:42.280 --> 08:52.800] And just recently, I have got the grand jury open in Tarrant County and Wise County.
[08:52.800 --> 08:57.840] Tarrant County is Fort Worth, and Wise County is north of Fort Worth.
[08:57.840 --> 09:03.200] I personally know the prosecutor in Wise County.
[09:03.200 --> 09:08.960] And we get along real well, he's known me for a long time, and he does not want to get
[09:08.960 --> 09:11.280] in a fight with me.
[09:11.280 --> 09:17.200] So I just recently presented my district, local district judge to, I didn't, I'm sorry,
[09:17.200 --> 09:23.520] I gave notice to the grand jury against my local district judge, a first degree felony
[09:23.520 --> 09:29.840] aggravated assault, and brought the law to the prosecutor.
[09:29.840 --> 09:33.760] He read the law, agreed with me, stood aside.
[09:33.760 --> 09:38.600] So the grand jury has that this next month, we'll find out if they true bill or no bill.
[09:38.600 --> 09:46.880] But I can assure you that every district judge in Texas knows that complaint is before the
[09:46.880 --> 09:47.880] grand jury.
[09:47.880 --> 09:56.920] The reason I filed against the judge is he had a bailiff touch me under threat of arrest
[09:56.920 --> 10:02.520] to prevent me from exercising a right to read the penal code in the state of Texas.
[10:02.520 --> 10:06.720] That's a first degree felony, and that's what I charged him with.
[10:06.720 --> 10:13.520] One loser draw, I can assure you one thing, this judge will never have a bailiff approach
[10:13.520 --> 10:21.640] me again, unless I've done something really radical, at least for this judge and most
[10:21.640 --> 10:27.440] likely for a lot of others, they are not going to want to be put in this position.
[10:27.440 --> 10:32.440] Five years, five or six years ago, I got all of the judges of the court of criminal appeals
[10:32.440 --> 10:34.760] put in front of a grand jury.
[10:34.760 --> 10:41.720] And the reason I got them put there doesn't happen anymore in the state of Texas, had
[10:41.720 --> 10:46.440] to do with filing a writ of habeas corpus, court of criminal appeals demanded a motion
[10:46.440 --> 10:48.760] for leave to file.
[10:48.760 --> 10:55.800] And I told the clerk, screw that, this is the great writ, the habeas, everything stands
[10:55.800 --> 11:01.600] down before the court has no power to grant or deny the writ, I'm sorry, grant or deny
[11:01.600 --> 11:03.300] leave to file.
[11:03.300 --> 11:06.720] They wouldn't take it without it, I filed the motion, they denied the motion, went straight
[11:06.720 --> 11:11.280] to the grand jury and actually got them, the prosecutor to present them to the grand jury.
[11:11.280 --> 11:13.040] Well, grand jury no build.
[11:13.040 --> 11:18.560] But if you file a habeas in the state of Texas with the court of criminal appeals, you won't
[11:18.560 --> 11:23.520] get any of this motion for leave to file nonsense.
[11:23.520 --> 11:32.080] So what we're looking toward with the fact that the public has demonstrated that they
[11:32.080 --> 11:44.840] are not happy campers, in that they elected Trump in spite of all of the media, all of
[11:44.840 --> 11:55.960] the information outlets, trashing him horribly, we still elected him.
[11:55.960 --> 12:04.640] Right now they've awakened this lion, now we need a tool for them.
[12:04.640 --> 12:13.560] Deborah and I, we began to discuss this before the show started, is what do we do?
[12:13.560 --> 12:16.320] How do we empower the grand jury?
[12:16.320 --> 12:25.640] I've been studying this for a long time and working in the system to try to find out what
[12:25.640 --> 12:34.560] can I as a singular, ordinary individual do that will have the most impact.
[12:34.560 --> 12:43.080] And there is some misunderstanding in what I want to do.
[12:43.080 --> 12:48.240] Prosecutors will very quickly state to you that only a prosecutor can present to a grand
[12:48.240 --> 12:49.240] jury.
[12:49.240 --> 12:53.400] Well, that is not true.
[12:53.400 --> 13:02.200] Only a prosecuting attorney may present to a grand jury as a matter of right.
[13:02.200 --> 13:08.040] Anyone may present to a grand jury if the grand jury asks you to.
[13:08.040 --> 13:12.680] The question becomes, how would a grand jury know to ask you to present to them?
[13:12.680 --> 13:19.640] Well, it goes to 20.09 Texas Code of Criminal Procedure.
[13:19.640 --> 13:26.840] Countries of grand jurors and most every state has a similar statute.
[13:26.840 --> 13:35.320] 20.09 says the grand jury shall investigate into all crimes subject to indictment that
[13:35.320 --> 13:41.920] come to their knowledge by way of any member of the grand jury, the prosecuting attorney
[13:41.920 --> 13:46.000] or any credible person.
[13:46.000 --> 13:52.640] A person who's defined as any person over 18 never convicted of a felony.
[13:52.640 --> 14:01.480] What I want to ask for in this legislation or this legislative session is a change in
[14:01.480 --> 14:08.160] law that is the tiniest change we can make that will have the greatest effect.
[14:08.160 --> 14:13.800] I want the legislature to add paragraph B to 20.09.
[14:13.800 --> 14:23.560] And paragraph B will say the grand jury shall make time available at each session to hear
[14:23.560 --> 14:27.120] accusations by private citizens.
[14:27.120 --> 14:32.760] Now, that's not a presentation.
[14:32.760 --> 14:40.560] An accusation is merely giving notice and under 20.09, which would become paragraph
[14:40.560 --> 14:49.920] A, I as an individual never convicted of a felony and definitely way over 18.
[14:49.920 --> 14:54.240] I have a statutory right to give notice to a grand jury.
[14:54.240 --> 15:02.240] So we want to ask the grand jury to set aside time at each meeting for the purpose of hearing
[15:02.240 --> 15:04.720] notice of crime by private citizens.
[15:04.720 --> 15:11.160] Now they used to do that in Fort Worth when I first moved to Texas, but they stopped doing
[15:11.160 --> 15:15.000] it claiming that nobody ever showed up.
[15:15.000 --> 15:20.560] Well duh, that means it was working.
[15:20.560 --> 15:27.300] They stopped doing it and the system became a horrible mess.
[15:27.300 --> 15:31.600] We open that door again, everything will change.
[15:31.600 --> 15:34.200] I'm opening the door anyway.
[15:34.200 --> 15:40.160] I have a complaint against the director of the Department of Public Safety right now
[15:40.160 --> 15:41.960] and against the Texas Ranger.
[15:41.960 --> 15:49.920] I kind of feel bad about the Texas Ranger because I accused him of following policy.
[15:49.920 --> 15:57.080] I specifically accused him of following policy and I accused him and the director of the
[15:57.080 --> 16:03.680] Department of Public Safety of criminal conspiracy to commit because of the policy.
[16:03.680 --> 16:08.600] So the idea is not to get them indicted, you know, it'd be nice if I did, the director,
[16:08.600 --> 16:13.800] but I certainly don't want to indict this ranger who's acting the way he's required
[16:13.800 --> 16:21.200] to, but I want the policy changed and the effect of grand jury notice has been that
[16:21.200 --> 16:23.720] policies change.
[16:23.720 --> 16:29.600] About to go to the break, this is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[16:29.600 --> 16:33.720] I call it number 512-646-1984.
[16:33.720 --> 16:38.360] We have three callers on the board already, but we may want to address this a little bit
[16:38.360 --> 16:44.240] more when we come back because I want to hear Deborah's ideas and take on this issue.
[16:44.240 --> 16:51.000] I think right now this is getting access to the grand jury is one of the most important
[16:51.000 --> 16:55.360] things that we can do and the time is right to get it done.
[16:55.360 --> 17:00.440] We'll be right back.
[17:00.440 --> 17:01.440] Dang cookies.
[17:01.440 --> 17:02.440] Cookie?
[17:02.440 --> 17:03.440] Me love cookies.
[17:03.440 --> 17:04.440] Oh, hi, Cookie Muncher.
[17:04.440 --> 17:06.440] No, these are yucky cookies.
[17:06.440 --> 17:07.440] Cookies?
[17:07.440 --> 17:08.440] Yucky?
[17:08.440 --> 17:09.440] No, no bad cookies.
[17:09.440 --> 17:11.240] You can't even eat these cookies.
[17:11.240 --> 17:12.240] These are cyber cookies.
[17:12.240 --> 17:13.240] No, can't eat?
[17:13.240 --> 17:16.960] No, they are cyber cookies and they clog up your computer.
[17:16.960 --> 17:17.960] These have apples.
[17:17.960 --> 17:18.960] Really?
[17:18.960 --> 17:20.960] Oh, that's an actual apple.
[17:20.960 --> 17:21.960] Yummy apple.
[17:21.960 --> 17:26.880] I'm going to throw away these yucky cookies in the trash.
[17:26.880 --> 17:33.080] I click control, shift, delete and then scroll down to cookies and clear them.
[17:33.080 --> 17:34.600] Bye bye yucky cookies.
[17:34.600 --> 17:40.240] Now I go to logosradio network.com and I click on the Amazon box on the upper right hand
[17:40.240 --> 17:46.280] side, bookmark the link and I can go to Amazon through this link and order you some yummy
[17:46.280 --> 17:47.280] new cookies.
[17:47.280 --> 17:48.280] New cookies?
[17:48.280 --> 17:49.280] For me?
[17:49.280 --> 17:51.120] Consider it an early Christmas present.
[17:51.120 --> 17:55.920] And every time I order on Amazon, I go through this link and I give a little present to this
[17:55.920 --> 17:56.920] radio network too.
[17:56.920 --> 17:57.920] C is for cookie.
[17:57.920 --> 17:58.920] C is for classified.
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[19:00.000 --> 19:25.560] You are listening to the Logos Radio Network, logosradionetwork.com.
[19:25.560 --> 19:26.560] We are back.
[19:26.560 --> 19:31.360] I'm Randy Kelton, Rule of Law, Late Radio, and at the end of that last segment, I could
[19:31.360 --> 19:36.800] hear Deborah chomping at the microphone.
[19:36.800 --> 19:40.080] We talked about this at the start, I know she's got some interesting comments.
[19:40.080 --> 19:42.400] Deborah, will you step in here?
[19:42.400 --> 19:43.400] Yes.
[19:43.400 --> 19:44.400] Thank you, Randy.
[19:44.400 --> 19:49.560] Yeah, one thing that I've got several comments about what you just said last segment, but
[19:49.560 --> 19:51.400] one comment I want to go to first.
[19:51.400 --> 19:58.680] I want to add something to that paragraph B, and that is that the grand jury is required
[19:58.680 --> 20:07.720] also to post their public hours where they're going to have access for private citizens.
[20:07.720 --> 20:14.520] Those hours have to be publicly posted, some kind of public notice, and it has to be done
[20:14.520 --> 20:23.840] in the same manner that the court posts their hours of operation in that particular county.
[20:23.840 --> 20:29.440] In other words, if there's a website for the courthouse where their hours are posted, then
[20:29.440 --> 20:31.640] it's posted in the same place on that website.
[20:31.640 --> 20:38.640] If it's a county where they don't have a website and they post it in the newspaper, then they
[20:38.640 --> 20:40.680] do the same thing.
[20:40.680 --> 20:46.000] Whatever it is, or if the courthouse doesn't publicly post their hours, they've got to
[20:46.000 --> 20:47.000] have a sign.
[20:47.000 --> 20:51.920] There has to be a sign on the courthouse, something where it's publicly posted in the
[20:51.920 --> 20:57.040] same manner that the courthouse hours are posted so that people will know when to go.
[20:57.040 --> 21:01.360] Because if we just make it so that, okay, they have to have a certain time where people
[21:01.360 --> 21:04.640] go and nobody knows about it, nobody knows when it is, they're not going to be able to
[21:04.640 --> 21:05.640] go.
[21:05.640 --> 21:09.360] Exactly, time and place.
[21:09.360 --> 21:12.120] Time and place, yes, public notice.
[21:12.120 --> 21:21.440] Those are the kinds of things that are relatively easy to get put in law.
[21:21.440 --> 21:26.400] Here's another thing, and I don't know if we can push for this at the same time.
[21:26.400 --> 21:31.720] A great ship, the direction of a great ship is controlled by a rudder.
[21:31.720 --> 21:37.520] Very small, very small thing, a rudder, the size in comparison to the size of a ship,
[21:37.520 --> 21:42.360] but it has much importance and controls the direction of the ship.
[21:42.360 --> 21:46.800] But you have to, minute movements, okay, turn the ship.
[21:46.800 --> 21:51.560] And so we can't do too much too fast, you know, it'll cause a problem.
[21:51.560 --> 21:58.560] But if we get this done or when we get this done, maybe after that, we need to start looking
[21:58.560 --> 22:08.440] at legislation that would require the prosecutor to faithfully prosecute all indictments of
[22:08.440 --> 22:14.720] the grand jury because I can see it coming, the bad guys may let this go through as far
[22:14.720 --> 22:21.200] as public access to the grand jury, you know, a lot of times, you know, guaranteed times,
[22:21.200 --> 22:24.280] if you will, and then the prosecutor is just not going to prosecute it.
[22:24.280 --> 22:25.280] And then what are we going to do?
[22:25.280 --> 22:27.440] Oh, then we prosecute the prosecutor.
[22:27.440 --> 22:31.000] Then we go back to the grand jury again and have the prosecutor indicted for that.
[22:31.000 --> 22:32.400] But then that indictment goes nowhere.
[22:32.400 --> 22:34.800] Oh, then we try to get a special prosecutor appointed.
[22:34.800 --> 22:38.080] I mean, it's just going to go round and round and round and round in circles.
[22:38.080 --> 22:44.640] And so I think that we have to make it a requirement by law that the prosecutor fully faithfully
[22:44.640 --> 22:48.520] prosecutes all indictments by the grand jury.
[22:48.520 --> 22:54.640] And that way, it will happen and the prosecutor will have what you call the plausible deniability
[22:54.640 --> 22:58.840] so that when he's got to prosecute the judge that he works with every day and plays golf
[22:58.840 --> 23:03.680] with all the time, he can say, hey, sorry, I have to.
[23:03.680 --> 23:09.440] And of course, really, the best case scenario, the next step is that we have legislation
[23:09.440 --> 23:15.840] to overturn this monopoly that the prosecutor has on prosecuting crimes.
[23:15.840 --> 23:21.320] People should be able to hire their own private attorney to prosecute a criminal case, just
[23:21.320 --> 23:23.140] like in a civil case.
[23:23.140 --> 23:28.040] And I know a lot of arguments against this that if that were the case, well, then only
[23:28.040 --> 23:32.320] rich people who are victims of crimes will get vindication.
[23:32.320 --> 23:33.760] No, that's not true.
[23:33.760 --> 23:35.780] You still have a public prosecutor.
[23:35.780 --> 23:40.800] But if you want a private prosecutor, you should also have that option.
[23:40.800 --> 23:43.720] And so ultimately, I want to see that happen.
[23:43.720 --> 23:48.760] But first things first, I wanted to make that comment about I think we need to require the
[23:48.760 --> 23:52.960] prosecutor to prosecute everything and have that in black and white.
[23:52.960 --> 23:59.000] Let me address that the way it stands in law right now.
[23:59.000 --> 24:06.700] When a complaint is made against a public official under 2.03, the prosecutor is required
[24:06.700 --> 24:10.120] to file the complaint with the grand jury.
[24:10.120 --> 24:16.560] There is nothing in statute, well, I'm sorry, there's nothing in statute that gives the
[24:16.560 --> 24:26.000] prosecutor authority to dismiss the case once there is an indictment.
[24:26.000 --> 24:30.640] There is a way to do that in law.
[24:30.640 --> 24:37.840] The way to do that is the prosecutor must file a motion to dismiss.
[24:37.840 --> 24:48.280] And we already have the right of amicus curia, where an interested third party could file
[24:48.280 --> 24:51.480] a brief in opposition.
[24:51.480 --> 25:01.080] What I would like to see is we would have to prosecute the prosecutor for dismissing
[25:01.080 --> 25:08.520] an indictment on his own without filing a motion with the court and add legislation
[25:08.520 --> 25:16.160] that authorized any citizen to file an opposition to the dismissal of a case where the prosecutor
[25:16.160 --> 25:23.840] files the motion to dismiss, any person should be able to file an opposition to the dismissal.
[25:23.840 --> 25:29.440] And how about we empower the grand jury even further at that point and allow the grand
[25:29.440 --> 25:34.960] jury, say for example, I'm just brainstorming here, may not be the best idea, but have something
[25:34.960 --> 25:43.960] in place involving the grand jury to appoint a special prosecutor of their own choosing
[25:43.960 --> 25:49.160] to prosecute the other prosecutor for not prosecuting their indictment.
[25:49.160 --> 25:54.360] And when I'm talking about a prosecutor failing to prosecute an indictment, I mean, like you're
[25:54.360 --> 26:00.520] saying, okay, a prosecutor could file a motion to dismiss, you know, but you know there's
[26:00.520 --> 26:04.520] going to be situations where they're just going to sit on it and never do anything about
[26:04.520 --> 26:09.800] it and say, well, I'm not dismissing the indictment, I just haven't gotten around to it yet, you
[26:09.800 --> 26:10.800] know, or whatever.
[26:10.800 --> 26:16.320] And so, you know, maybe there should be time limits as far as going after the, you know,
[26:16.320 --> 26:17.320] prosecuting the indictments.
[26:17.320 --> 26:23.280] But I think we need to have something in place because like you said, there's already, there's
[26:23.280 --> 26:30.240] nothing that gives the prosecutor the authority to dismiss on his own.
[26:30.240 --> 26:34.760] Well, okay, yes, we're looking at it from the proper perspective, but I think that that
[26:34.760 --> 26:40.760] needs to be strengthened that if he does do something like that, there's going to be severe
[26:40.760 --> 26:45.840] penalties and it's going to be like a third degree felony or second degree felony.
[26:45.840 --> 26:53.440] If he fails to prosecute in a timely manner when we see it, we have to specify the time,
[26:53.440 --> 26:59.280] okay, if he fails to prosecute faithfully in a timely manner without filing the motion
[26:59.280 --> 27:05.920] to dismiss, then that is a second degree felony, okay, and the grand jury gets to appoint
[27:05.920 --> 27:13.000] another prosecutor to prosecute the prosecutor who did this, something like that.
[27:13.000 --> 27:20.920] Yes, we may, if the prosecutor, we have, the prosecutor has exclusive prosecutorial powers,
[27:20.920 --> 27:28.880] but if the prosecutor fails to exercise that power, then the power to prosecute should
[27:28.880 --> 27:31.160] defer to the public.
[27:31.160 --> 27:38.400] Now prior to 1865, if you were harmed by a crime, you hired a prosecutor and the prosecutor
[27:38.400 --> 27:39.400] prosecuted.
[27:39.400 --> 27:46.680] Well after 1865, they created public prosecutors and gave him exclusive authority to prosecute
[27:46.680 --> 27:55.280] and I think it would be good to say if the prosecutor elects not to perform his duty,
[27:55.280 --> 28:01.120] then standing should accrue to the public in general.
[28:01.120 --> 28:05.200] Well, I think that that's the best case scenario, but I don't think that will get passed, not
[28:05.200 --> 28:06.200] anytime soon.
[28:06.200 --> 28:12.720] Well, it would be easier than making it a first degree felony or any kind of crime against
[28:12.720 --> 28:13.720] the prosecutor.
[28:13.720 --> 28:15.240] That's going to get incredible resistance.
[28:15.240 --> 28:20.840] Well, it's got to be some kind of crime, even if it's just a class A misdemeanor, to fail
[28:20.840 --> 28:27.480] to perform your duty, okay, when you have, maybe we should just revert to that, to the
[28:27.480 --> 28:33.000] standard, what's already on the books, you know, some kind of breach of fiduciary duty
[28:33.000 --> 28:40.240] or breach of duty that he's already required to do and then the grand jury gets to appoint
[28:40.240 --> 28:42.240] a special prosecutor for that.
[28:42.240 --> 28:47.520] I mean, and this goes to, you know, another thing that I want to discuss here a little
[28:47.520 --> 28:54.320] bit, you know, all this brouhaha over Trump, you know, supposedly not wanting to go after
[28:54.320 --> 28:58.180] Hillary or whatever, well, he never actually said that.
[28:58.180 --> 29:00.560] He said that it's still on the table.
[29:00.560 --> 29:03.920] Of course, a lot of mainstream media is not reporting that.
[29:03.920 --> 29:09.440] They're reporting other things that he said, but when push comes to shove, it's not his
[29:09.440 --> 29:10.440] decision.
[29:10.440 --> 29:13.440] I mean, and for one thing, I agree with Trump.
[29:13.440 --> 29:17.380] There's a lot of other more important things to be dealt with, like making sure people
[29:17.380 --> 29:20.960] have jobs and stuff like that, which he saved a thousand jobs today.
[29:20.960 --> 29:23.840] Good for him and he's not even in office yet, okay?
[29:23.840 --> 29:29.600] But the point being, it's not his decision to prosecute Hillary, all right, and it's
[29:29.600 --> 29:31.640] not the attorney general's decision either.
[29:31.640 --> 29:38.720] That's the decision of a federal grand jury, and we need to make things appropriate so
[29:38.720 --> 29:44.240] that, hey, you know, if members of the public decide they want Hillary prosecuted, then
[29:44.240 --> 29:47.680] they get to walk into a federal grand jury and present the evidence, and if the grand
[29:47.680 --> 29:51.640] jury wants to indict, then hey, that's the way it is.
[29:51.640 --> 29:55.120] I think that would be the greatest deterrent we could come up with.
[29:55.120 --> 30:01.840] Randy Kelton, Deborah Stevens, Rue La Radio, we'll be right back.
[30:01.840 --> 30:06.920] Talk about California dream and Berkeley researchers have found a way to reconstruct and play back
[30:06.920 --> 30:09.560] images recorded in other people's minds.
[30:09.560 --> 30:14.440] I'm Dr. Catherine Albrecht, and I'll have more on this fascinating but creepy technological
[30:14.440 --> 30:16.920] experiment in a moment.
[30:16.920 --> 30:18.520] Privacy is under attack.
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[30:26.880 --> 30:31.960] So protect your rights, say no to surveillance, and keep your information to yourself.
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[30:44.520 --> 30:48.520] So you think you're a mind reader?
[30:48.520 --> 30:52.560] Scientists may one day get a glimpse into people's dreams, memories, and even fantasies
[30:52.560 --> 30:55.240] by reconstructing their brain images.
[30:55.240 --> 31:00.160] Berkeley researchers watched video in an MRI machine, then had a computer match the images
[31:00.160 --> 31:01.400] with their brain activity.
[31:01.400 --> 31:06.080] This allowed the computer to later show them what their own brains had just processed.
[31:06.080 --> 31:11.240] If this imagery could be broadcast, paraplegics might control their environment by imagining
[31:11.240 --> 31:12.240] movements.
[31:12.240 --> 31:13.240] Cool.
[31:13.240 --> 31:17.880] Now the creepy part, police could also use this technology to read the memories of unwilling
[31:17.880 --> 31:18.880] subjects.
[31:18.880 --> 31:21.400] Eek, I just had a minority report moment.
[31:21.400 --> 31:26.000] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:51.400 --> 32:13.120] We're going to have to stand and defend our own rights.
[32:13.120 --> 32:16.160] Among those rights are the right to travel freely from place to place, the right to act
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[32:24.000 --> 32:25.400] our rights through due process.
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[33:06.520 --> 33:27.560] Okay.
[33:27.560 --> 33:28.560] We are back, folks.
[33:28.560 --> 33:34.800] This is the rule of law, Randy Kelton and Deborah Stevens here tonight with you all on
[33:34.800 --> 33:44.120] this lovely December 1st, 2016 and we're discussing prosecuting the prosecutor and we're discussing
[33:44.120 --> 33:52.680] that there actually is something, albeit indirectly, on the books that makes it a crime for a prosecutor
[33:52.680 --> 33:55.640] not to prosecute an indictment.
[33:55.640 --> 34:05.000] When I say indirectly, it goes to more of a general kind of an outline of official oppression
[34:05.000 --> 34:09.200] for failing to perform a duty of which he's required and see, this is where it gets a
[34:09.200 --> 34:12.640] little gray area for me, Randy.
[34:12.640 --> 34:21.240] Failing to perform a duty of which he's required, I'm wondering if there's enough on the books
[34:21.240 --> 34:26.720] already regarding requiring the prosecutor to prosecute these indictments.
[34:26.720 --> 34:31.920] If there was something on the books, then it very clearly would be spelled out as an
[34:31.920 --> 34:32.920] official oppression.
[34:32.920 --> 34:34.360] I mean, what do you think about that?
[34:34.360 --> 34:37.880] I believe there already is.
[34:37.880 --> 34:45.280] Prior to indictment, the prosecutor has been given, the courts have given the prosecutor
[34:45.280 --> 34:51.800] a certain amount of discretion if the complaint is against an ordinary citizen.
[34:51.800 --> 35:01.480] If the complaint is against a public official, the prosecutor has absolutely zero discretion.
[35:01.480 --> 35:05.960] And 39.03 is my standard catch-all.
[35:05.960 --> 35:08.920] Everybody should have that one memorized.
[35:08.920 --> 35:16.280] That reflects the Ku Klux Klan Act of 1871, which has been codified into 42 U.S. Code
[35:16.280 --> 35:20.600] 1983, which allows you to sue a public official.
[35:20.600 --> 35:23.640] That's the second part of the Ku Klux Klan Act.
[35:23.640 --> 35:31.280] The first part, 18 U.S. Code 242, and it says that if a public official, and I'm paraphrasing
[35:31.280 --> 35:37.200] here, if a public official violates the law relating to his office, I'm sorry, if a public
[35:37.200 --> 35:44.520] official fails to perform a duty he's required to perform, or exerts or purports to exert
[35:44.520 --> 35:50.980] an authority he does not have, and in the process denies a citizen in the full and free
[35:50.980 --> 35:57.120] access to or enjoyment of right, in this case, the right to the equal protection of the laws,
[35:57.120 --> 35:58.120] that's class A misdemeanor.
[35:58.120 --> 36:02.280] That's class A misdemeanor in every state.
[36:02.280 --> 36:06.160] Next thing to a felony, you're in prison.
[36:06.160 --> 36:13.160] So I charge them with it all the time, and up until now I haven't got many of them presented.
[36:13.160 --> 36:27.520] I did personally present the district attorney in Johnson County for exactly that crime.
[36:27.520 --> 36:32.920] If you go to Johnson County, and you can remember Larry Wiest, Larry Wiest went to Johnson County
[36:32.920 --> 36:38.120] five years after this occurred to file some documents with the clerk.
[36:38.120 --> 36:39.400] The clerk wouldn't take them.
[36:39.400 --> 36:40.400] He called me.
[36:40.400 --> 36:41.400] I said, call the sheriff.
[36:41.400 --> 36:42.400] File a complaint.
[36:42.400 --> 36:43.400] He called the sheriff.
[36:43.400 --> 36:44.400] They got him a lieutenant.
[36:44.400 --> 36:49.560] The lieutenant called the clerk right in front of him, made an appointment with him, and
[36:49.560 --> 36:51.560] said, somebody get back to you.
[36:51.560 --> 36:55.000] Eight o'clock the next morning the clerk was calling, begging him to come down and
[36:55.000 --> 37:00.560] refile those that one of her clerks had made a big mistake.
[37:00.560 --> 37:03.080] Sheriff represented the district attorney to the grand jury.
[37:03.080 --> 37:05.120] The grand jury nobilled him.
[37:05.120 --> 37:10.680] He's still the same district attorney, and I'm certain he went to these guys and said,
[37:10.680 --> 37:13.400] I'm not going through this again.
[37:13.400 --> 37:17.920] You get a complaint against a public official, you get to work on it.
[37:17.920 --> 37:18.920] So it works.
[37:18.920 --> 37:26.680] We don't have to get an indictment, and you can, and a prosecutor has an absolute duty.
[37:26.680 --> 37:30.760] You're only doing this because we hadn't kicked them into professional teeth.
[37:30.760 --> 37:31.760] Right.
[37:31.760 --> 37:32.760] Okay.
[37:32.760 --> 37:34.880] So, well, I slightly disagree with one of the things you just said.
[37:34.880 --> 37:38.240] I think we do need to start getting some indictments.
[37:38.240 --> 37:43.320] That would really sober these guys up a lot, make an example out of a few of them.
[37:43.320 --> 37:48.960] But anyways, other than that, okay, so we've got official oppression if the prosecutor
[37:48.960 --> 37:54.760] fails to prosecute, and so then in that situation there's already laws on the books where the
[37:54.760 --> 38:01.000] district court would appoint a special prosecutor in that situation, a prosecutor pro tem or
[38:01.000 --> 38:02.480] something like that, you said?
[38:02.480 --> 38:03.480] Exactly.
[38:03.480 --> 38:04.480] Prosecutor pro tem.
[38:04.480 --> 38:10.480] And that's worked pretty good because the district court cannot appoint a member of
[38:10.480 --> 38:12.760] the prosecutorial team.
[38:12.760 --> 38:13.760] They're all disqualified.
[38:13.760 --> 38:14.760] Okay.
[38:14.760 --> 38:15.760] Well, there you go.
[38:15.760 --> 38:21.120] So he can't appoint one of his own team, so maybe we don't have to get the grand jury
[38:21.120 --> 38:23.140] involved as far as the appointment.
[38:23.140 --> 38:26.840] But if it looks like that's going to be a problem, then we need to start making some
[38:26.840 --> 38:27.840] changes there.
[38:27.840 --> 38:33.360] So really, right now, it looks like probably the only major change or minor change, as
[38:33.360 --> 38:39.160] it were, that needs to be made is this paragraph B that we're talking about adding, which would
[38:39.160 --> 38:47.040] require the grand jury to set aside certain time to hear, you know, complaints, accusations,
[38:47.040 --> 38:55.320] however we want to word it properly, from private citizens, credible persons, and that
[38:55.320 --> 39:00.120] those hours have to be posted publicly in the same manner as the courthouse hours.
[39:00.120 --> 39:06.080] I think that would make major changes like the rudder of a great ship, a little tiny
[39:06.080 --> 39:10.720] turn and, oh boy, does the ship make a dramatic turn.
[39:10.720 --> 39:18.360] Just the fact that it's there, when a policeman pulls me over and I'm my usual obnoxious and
[39:18.360 --> 39:25.120] demanding self, and the officer's had a bad day, come home late, drank too much, wife's
[39:25.120 --> 39:34.240] upset at him, boss is mad at him, and he decides he wants to give me a attitude adjustment.
[39:34.240 --> 39:41.840] If he has to consider what is a grand jury of his peers likely to think about what I'm
[39:41.840 --> 39:49.560] about to do, a great portion of the problems we're having will simply go away.
[39:49.560 --> 39:55.520] Oh man, and can you imagine if that were the way it was at the federal level?
[39:55.520 --> 40:03.280] I think that would cut down on extraordinary amounts of corruption in the federal government,
[40:03.280 --> 40:08.200] knowing that they could get indicted by a federal grand jury.
[40:08.200 --> 40:12.560] The law in the Fed is already in place.
[40:12.560 --> 40:16.080] The federal prosecutors just ignore it.
[40:16.080 --> 40:20.000] I had a federal prosecutor when you and I were in Fort Lauderdale.
[40:20.000 --> 40:21.000] Well, wait a minute.
[40:21.000 --> 40:25.200] There's no law in the books at the federal level requiring grand juries to have office
[40:25.200 --> 40:26.480] hours for the public?
[40:26.480 --> 40:28.080] No, no, no.
[40:28.080 --> 40:32.320] There's nothing in law restricting your access to a grand jury.
[40:32.320 --> 40:33.320] Oh, right.
[40:33.320 --> 40:34.320] Yeah, I know.
[40:34.320 --> 40:40.280] But the prosecutors threatened me with charges of jury tampering if I tried to go straight
[40:40.280 --> 40:44.800] to the grand jury again, and I said, well, bugger, take your best shot.
[40:44.800 --> 40:48.160] You charged me with jury tampering, I'll charge you with witness tampering.
[40:48.160 --> 40:50.800] We'll see how this works out for you.
[40:50.800 --> 40:52.520] Oh my goodness.
[40:52.520 --> 40:56.440] They fired the IRS agent we were going after instead.
[40:56.440 --> 40:58.880] Yep, yep.
[40:58.880 --> 41:08.680] So if we can get this open in the state, I can bring the U.S. attorney to a state grand
[41:08.680 --> 41:16.760] jury because the U.S. attorney is in the federal courthouse, and that federal courthouse does
[41:16.760 --> 41:23.760] not belong to the federal government, belongs to the state of Texas, so he is in this state.
[41:23.760 --> 41:29.600] So Randy, what we need to do is we need to write up the white paper and the proposal
[41:29.600 --> 41:36.920] and the proposed wording of the change, and we need to have meetings with members of the
[41:36.920 --> 41:42.960] committee in the legislature that need to pass this out of committee so that it can
[41:42.960 --> 41:43.960] go to the floor.
[41:43.960 --> 41:47.800] That's what we need to do, and we may want to start talking to some of these legislators
[41:47.800 --> 41:54.520] about this before they go into session, okay, because then once that happens and everybody
[41:54.520 --> 41:58.720] gets real busy and we're going to get shoved off to the side and all that.
[41:58.720 --> 42:02.280] Okay, funny you should mention that.
[42:02.280 --> 42:08.000] It just so happens that I have a white paper on that subject.
[42:08.000 --> 42:11.160] Well what do you know?
[42:11.160 --> 42:16.000] Anybody who would like to see that white paper, if they will send me an email, I'll send it
[42:16.000 --> 42:22.840] to them and I would ask anyone in Texas to take this white paper, take my name off the
[42:22.840 --> 42:30.480] top, put their name on the top, and send it to their legislators, send it to every legislator.
[42:30.480 --> 42:36.720] And especially if your legislator is on the criminal justice committee or however they
[42:36.720 --> 42:42.360] describe it now, the committee that has to do with changes and modifications of criminal
[42:42.360 --> 42:43.360] law.
[42:43.360 --> 42:49.720] If we get it to all of our, every legislator in the state, somebody's going to present
[42:49.720 --> 42:50.720] it.
[42:50.720 --> 42:55.000] Just the odds, somebody's going to present that thing.
[42:55.000 --> 43:06.160] So especially after this last election, the public gave a clear mandate.
[43:06.160 --> 43:10.520] That sleeping lion has been awoken and he is not happy.
[43:10.520 --> 43:15.600] And Randy, I think we need to start getting endorsements for this by major organizations
[43:15.600 --> 43:20.920] like the Fully Informed Jury Association and maybe even ACLU, even though they have their
[43:20.920 --> 43:21.920] problems.
[43:21.920 --> 43:28.120] Let's get some endorsements on this by some major organizations that protect civil rights
[43:28.120 --> 43:31.920] and individual rights and liberties and such.
[43:31.920 --> 43:33.520] This I think we can do.
[43:33.520 --> 43:36.520] This is such a minor change.
[43:36.520 --> 43:42.960] It won't cost anything unless I run off the cliff and then Deborah skin my hide.
[43:42.960 --> 43:43.960] Hang on.
[43:43.960 --> 43:49.800] We'll pick this up on the other side, Randy Kelton, Deborah Stevens, root of our radio.
[43:49.800 --> 43:54.840] We have a full board of callers and we'll get to you sometime in the next segment.
[43:54.840 --> 43:57.840] We'll be right back.
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[46:12.640 --> 46:13.640] Okay folks, we are back.
[46:13.640 --> 46:17.960] This is the rule of law, Rainy Kelton and Deborah Stevens, and we've been talking about
[46:17.960 --> 46:22.960] grand juries and some minor changes that we could make to the law that would have tremendous
[46:22.960 --> 46:25.560] results, major results.
[46:25.560 --> 46:31.400] And Randy, I think we've pretty much covered it, so I would like to go to the calls now.
[46:31.400 --> 46:35.600] And folks, we did have a few callers on the board that dropped off, so if you all want
[46:35.600 --> 46:37.400] to call back in, that'd be great.
[46:37.400 --> 46:41.000] And of course, I haven't screened anybody because I've been on the air, so don't get
[46:41.000 --> 46:44.680] discouraged if you haven't been screened yet because you can't really talk on the air and
[46:44.680 --> 46:46.760] screen calls at the same time.
[46:46.760 --> 46:53.600] So at any rate, folks, if you all want to call back in 512-646-1984, and for now, we
[46:53.600 --> 46:56.040] are going to go to Jeff in Mississippi.
[46:56.040 --> 46:57.040] Hi, Jeff.
[46:57.040 --> 47:00.120] Hey guys, thanks for having me on.
[47:00.120 --> 47:01.120] Sure.
[47:01.120 --> 47:02.120] What's on your mind tonight?
[47:02.120 --> 47:03.120] What do you got for us?
[47:03.120 --> 47:05.760] I've got three questions.
[47:05.760 --> 47:15.680] Number one, just for the listeners to go back with my case, I've filed two 1983 cases against
[47:15.680 --> 47:24.560] separate defendants, and I got one dismissed about a month ago, and the judge or the court
[47:24.560 --> 47:29.520] that dismissed it cited all kinds of case law and cited this and that.
[47:29.520 --> 47:34.920] Well, I just got my second case dismissed, and this is very interesting for me.
[47:34.920 --> 47:37.560] In fact, I'm really confused.
[47:37.560 --> 47:40.240] The court didn't give an explanation at all.
[47:40.240 --> 47:45.400] It just said that my complaint was meritless and frivolous.
[47:45.400 --> 47:47.840] It never cited any case law.
[47:47.840 --> 47:53.920] It never cited any of the other arguments from the other party.
[47:53.920 --> 47:54.960] It cited nothing.
[47:54.960 --> 47:59.240] So I just wanted your advice on maybe tips or something.
[47:59.240 --> 48:02.360] Then the case has not been dismissed yet.
[48:02.360 --> 48:03.360] Okay.
[48:03.360 --> 48:06.560] There's simply an order of dismissal.
[48:06.560 --> 48:09.000] There is no judgment.
[48:09.000 --> 48:13.600] Now you file a motion, a petition for a judgment.
[48:13.600 --> 48:17.240] Well, would that be a motion for reconsideration?
[48:17.240 --> 48:18.240] No.
[48:18.240 --> 48:21.880] This is in the Fed.
[48:21.880 --> 48:27.840] There must be an order and a judgment, and the judgment is what you would call points
[48:27.840 --> 48:30.840] in authorities.
[48:30.840 --> 48:31.840] Got it.
[48:31.840 --> 48:34.600] So you ask for the judgment.
[48:34.600 --> 48:40.760] The appeals clock does not start to run until you have the judgment.
[48:40.760 --> 48:42.760] Okay.
[48:42.760 --> 48:45.200] I will find out.
[48:45.200 --> 48:48.200] I don't remember a judgment being on there.
[48:48.200 --> 48:51.800] I just remember the paper saying, so ordered this day.
[48:51.800 --> 48:52.800] Okay.
[48:52.800 --> 48:54.360] There are two documents.
[48:54.360 --> 48:55.600] One is an order.
[48:55.600 --> 48:56.600] One is a judgment.
[48:56.600 --> 49:02.840] So if you don't have the judgment, then the clock's not running on appeal yet.
[49:02.840 --> 49:03.840] Okay.
[49:03.840 --> 49:05.280] I will go down to the courthouse.
[49:05.280 --> 49:06.280] What if there is a judgment?
[49:06.280 --> 49:10.680] And what if the judgment says the same thing?
[49:10.680 --> 49:15.920] Then you petition for findings of fact and conclusions at law.
[49:15.920 --> 49:18.680] And is that the same thing as a motion for reconsideration?
[49:18.680 --> 49:19.680] Yes.
[49:19.680 --> 49:20.680] Okay.
[49:20.680 --> 49:26.880] Generally, what you do is you make up your own findings of fact and conclusions at law,
[49:26.880 --> 49:31.600] ask the court to accept yours or file their own.
[49:31.600 --> 49:35.680] And in doing that, that gives you the first step up toward the appeal.
[49:35.680 --> 49:38.440] You should be getting familiar with that process by now.
[49:38.440 --> 49:41.160] I'm kind of getting the hang of it.
[49:41.160 --> 49:42.160] Okay.
[49:42.160 --> 49:49.640] My second question is this case that just got dismissed was for a college, a university
[49:49.640 --> 49:57.080] had thrown me out of school twice without cause, without a hearing, without cause.
[49:57.080 --> 50:01.880] They just basically didn't accept my credit card when I went in to apply.
[50:01.880 --> 50:09.760] So I filed suit against them and I read their policy and what the dean of the college did
[50:09.760 --> 50:16.760] was he turned around and filed an affidavit saying that the reason that he threw me out
[50:16.760 --> 50:19.000] was in policy, which was a lie.
[50:19.000 --> 50:21.320] It's not written in policy.
[50:21.320 --> 50:28.400] And number two, he admitted that there were no transcripts from our hearing.
[50:28.400 --> 50:32.720] And that too, well, that's actually true.
[50:32.720 --> 50:37.320] There are no transcripts from the hearing, but he claimed that it was policy for them
[50:37.320 --> 50:41.040] to have a hearing without recording it, is what he did.
[50:41.040 --> 50:43.960] So I got him on lying on an affidavit.
[50:43.960 --> 50:45.960] What can I do with him?
[50:45.960 --> 50:54.400] Sue him personally and charge him with aggravated perjury.
[50:54.400 --> 50:57.560] Okay.
[50:57.560 --> 51:03.240] And you can start the routine in the state, go to state grand jury with aggravated perjury
[51:03.240 --> 51:05.080] charges against him.
[51:05.080 --> 51:06.080] Okay.
[51:06.080 --> 51:09.960] So state grand jury and then from there and go to the state district court?
[51:09.960 --> 51:16.640] Well, if you start with a state grand jury, I generally want to start running it up the
[51:16.640 --> 51:17.640] flagpole.
[51:17.640 --> 51:22.000] You go to the prosecuting attorney and get him to refuse or go to a police department
[51:22.000 --> 51:25.840] and get them to refuse to take the complaint.
[51:25.840 --> 51:33.280] Then you go to the prosecuting attorney and with a complaint against the police department
[51:33.280 --> 51:34.840] for official oppression.
[51:34.840 --> 51:42.360] And when he refuses to act, then you go to a JP judge, get him to refuse, go to a county
[51:42.360 --> 51:44.360] district judge.
[51:44.360 --> 51:51.840] And then when you get to the FBI, we've got a relatively new statute as far as my knowledge,
[51:51.840 --> 52:01.440] 28 U.S. code 56535, I believe, thumb back here through my notes and find it.
[52:01.440 --> 52:05.000] Where'd it go, where'd it go, where'd it go?
[52:05.000 --> 52:16.120] We got this from Don in New Mexico and I think he's on next, here it is, 28 USC 535.
[52:16.120 --> 52:25.880] And it says that when you file a complaint with the, with any governmental entity alleging
[52:25.880 --> 52:36.360] a crime by a public official, they must send it to the, to the attorney general.
[52:36.360 --> 52:44.440] Kind of like 2.03 in Texas code, Texas state code, we've got one in the fed.
[52:44.440 --> 52:48.720] They don't get to say no out of hand.
[52:48.720 --> 52:54.960] So you walk this up and then you take it to the FBI and you give it to some agent, make
[52:54.960 --> 52:58.520] sure you get his name.
[52:58.520 --> 53:06.200] And then in two weeks, you contact the attorney general and ask them the status of your complaint.
[53:06.200 --> 53:10.760] And when the attorney general in DC says, we don't know what you're talking about, then
[53:10.760 --> 53:16.560] you file a complaint against the FBI agent with the attorney general for not forwarding
[53:16.560 --> 53:19.080] your complaints to them.
[53:19.080 --> 53:26.520] And these complaints are, they stand on their own.
[53:26.520 --> 53:29.520] Each one is, stands on its own.
[53:29.520 --> 53:33.760] So they have to deal with each one separately.
[53:33.760 --> 53:41.360] That's going to make these guys really unhappy because it puts marks on their chart.
[53:41.360 --> 53:46.280] And I would suggest along with it is you file a professional conduct complaint against each
[53:46.280 --> 53:50.080] one of them as you go along.
[53:50.080 --> 53:53.160] And that puts a big mark on their chart.
[53:53.160 --> 53:58.960] And when you get to the fed, if you get to the point where you file another RICO against
[53:58.960 --> 54:08.520] these guys or a 1983 suit, now you can show where you've walked the code on them.
[54:08.520 --> 54:09.520] All right.
[54:09.520 --> 54:13.360] Be a whole lot harder to throw this one out.
[54:13.360 --> 54:14.360] Okay.
[54:14.360 --> 54:22.320] One of the real silly reasons that the court also granted summary judgment for the college
[54:22.320 --> 54:29.040] that I was going against is it said that that Jeff from Mississippi could easily get into
[54:29.040 --> 54:30.680] the school.
[54:30.680 --> 54:37.480] What the school did was they were forcing me to go to mandatory disciplinary meetings.
[54:37.480 --> 54:39.880] And I've got that in writing, but for no cause.
[54:39.880 --> 54:42.400] They won't give me a reason why.
[54:42.400 --> 54:47.600] And they, so when the judge dismissed my case, one of the reasons is that Jeff from Mississippi
[54:47.600 --> 54:52.120] could have easily gone to one of these meetings and he could be in school right now.
[54:52.120 --> 54:59.680] Now my question, my third question is, is that I am trying to get into truck driver
[54:59.680 --> 55:04.920] school and with me having a felony, it's hard to get work.
[55:04.920 --> 55:10.240] So this would be really, really nice for me to actually get my life going and get a career.
[55:10.240 --> 55:15.000] But in order to do that, I would have to go to these disciplinary meetings one or two
[55:15.000 --> 55:18.660] or however many till I got into school.
[55:18.660 --> 55:22.000] By doing that, I would be complying with the enemy.
[55:22.000 --> 55:26.920] So could I therefore lose everything in the future because I went ahead and consented?
[55:26.920 --> 55:27.920] No, no.
[55:27.920 --> 55:30.000] If it was wrong, it was wrong.
[55:30.000 --> 55:36.640] It doesn't become right because you quit objecting to it being wrong.
[55:36.640 --> 55:38.760] Okay.
[55:38.760 --> 55:42.320] So I could go into that school next week and have that disciplinary meeting and then be
[55:42.320 --> 55:47.040] in trucker school a month from now and it would be okay.
[55:47.040 --> 55:50.280] Because I've been sitting around poor for way too long.
[55:50.280 --> 55:52.560] I'd like to get moving.
[55:52.560 --> 55:57.160] Yeah, you can certainly do that.
[55:57.160 --> 56:01.680] Do you have any advice on what to avoid or one of the reasons I didn't want to go in
[56:01.680 --> 56:05.040] during the trial is because I didn't want to collaborate with the enemy and then end
[56:05.040 --> 56:10.160] up in the courtroom and then saying, well, he came into our office and this and that.
[56:10.160 --> 56:17.480] Well, if you're forced to, you don't have to flush your life because they're doing things
[56:17.480 --> 56:25.440] wrong and you don't give up your rights just because you're compelled to do something.
[56:25.440 --> 56:30.640] That's what I was asking is, am I waiving any rights for any future litigation?
[56:30.640 --> 56:31.640] Okay.
[56:31.640 --> 56:33.000] Not that I know of.
[56:33.000 --> 56:36.920] You're not voluntarily going to these classes.
[56:36.920 --> 56:42.200] You're going to these classes because you have no alternative and you've already proven
[56:42.200 --> 56:43.200] that in court.
[56:43.200 --> 56:44.200] Okay.
[56:44.200 --> 56:45.200] All right.
[56:45.200 --> 56:46.200] Well, thank you.
[56:46.200 --> 56:50.560] That's all for me and I'll let you move on to your next caller.
[56:50.560 --> 56:51.560] All righty.
[56:51.560 --> 56:52.560] Thank you, Jeff.
[56:52.560 --> 56:53.560] Okay.
[56:53.560 --> 56:56.040] Now we're going to Olivier in Tennessee.
[56:56.040 --> 56:57.040] Hello, Olivier.
[56:57.040 --> 56:58.040] Hello.
[56:58.040 --> 56:59.040] There you go.
[56:59.040 --> 57:00.040] Go ahead.
[57:00.040 --> 57:01.040] All right.
[57:01.040 --> 57:07.080] How you doing?
[57:07.080 --> 57:09.480] Doing good.
[57:09.480 --> 57:16.720] Came back from the plaintiff weekend on the 28th, that was a Monday, attorney told me
[57:16.720 --> 57:21.360] that my trial was moved to the next month.
[57:21.360 --> 57:26.400] They called me that morning, told me that there was a mixed up and my trial was going
[57:26.400 --> 57:31.000] on this morning and I need to hurry up because I'm late and you need to try to explain it
[57:31.000 --> 57:32.800] to the courts.
[57:32.800 --> 57:43.120] So they basically proceeded without me knowing that trial was going to be going on that day.
[57:43.120 --> 57:50.240] The judge, the attorney failed to file several motions that I asked him to file.
[57:50.240 --> 57:55.640] And the funny thing is I had music.
[57:55.640 --> 57:56.640] Okay.
[57:56.640 --> 58:02.560] Hang on, we're going to the top of the hour break here.
[58:02.560 --> 58:09.360] This sounds interesting if they gave you improper notice and the judge held the trial knowing
[58:09.360 --> 58:12.600] you had received improper notice.
[58:12.600 --> 58:17.200] I should get official oppression charges against him or official misconducts, what it's probably
[58:17.200 --> 58:19.320] called in Tennessee.
[58:19.320 --> 58:24.160] Just go ahead and file criminal charges against the chump.
[58:24.160 --> 58:28.920] And while you're still in court with him, hang on.
[58:28.920 --> 58:36.360] This is Randy Kelton, Wheel of Life Radio, I'll call it number 512-646-1984, we'll be
[58:36.360 --> 58:50.360] right back.
[58:50.360 --> 58:55.800] The Bible remains the most popular book in the world, yet countless readers are frustrated
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[59:43.960 --> 59:48.040] or by ordering online at freestudybible.com.
[59:48.040 --> 01:00:02.840] You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.840 --> 01:00:08.000] The following use flash is brought to you by the Lone Star Lowdown, providing the daily
[01:00:08.000 --> 01:00:10.640] bulletins for the commodity market.
[01:00:10.640 --> 01:00:23.520] Same history, news updates, and the inside scoop into the tides of the alternative.
[01:00:23.520 --> 01:00:29.600] Markets for Wednesday, the 30th of November, 2016, are currently trading with gold at $1,173
[01:00:29.600 --> 01:00:37.160] an ounce, silver $16.47 an ounce, Texas crude $45.23 a barrel, and Bitcoin is currently
[01:00:37.160 --> 01:00:46.280] sitting at about $742 US currency.
[01:00:46.280 --> 01:00:53.280] Today in history, the year 1998 Exxon and Mobil signed a $73.7 billion merger agreement
[01:00:53.280 --> 01:01:02.600] in effect creating Exxon Mobil, the world's largest company today in history.
[01:01:02.600 --> 01:01:08.080] In recent news, Abdul Razak Ali Artan, a Somalian born US resident and student at Ohio State
[01:01:08.080 --> 01:01:11.960] University drove into a group of people and started stabbing them before he was fatally
[01:01:11.960 --> 01:01:15.160] shot by a university officer Monday morning.
[01:01:15.160 --> 01:01:18.560] Eleven people were injured, including one in critical condition.
[01:01:18.560 --> 01:01:22.640] Authorities and the FBI are investigating whether the attack was a terrorist act.
[01:01:22.640 --> 01:01:26.880] University issued a series of tweets warning students that there was an active shooter
[01:01:26.880 --> 01:01:29.980] causing confusion on campus near the engineering building.
[01:01:29.980 --> 01:01:34.640] It was Officer Alan Haruchko who fatally shot Abdul Artan after he drove over a curb and
[01:01:34.640 --> 01:01:38.480] then got out of his vehicle and began attacking people with a butcher knife.
[01:01:38.480 --> 01:01:42.740] Luckily, the officer was able to respond quickly since he was already nearby because of a gas
[01:01:42.740 --> 01:01:44.080] leak in the area.
[01:01:44.080 --> 01:01:48.640] Columbus Police Chief Kim Jacobs, when asked if it was considered a terrorist attack, said,
[01:01:48.640 --> 01:01:51.320] quote, I think we have to consider that it is.
[01:01:51.320 --> 01:01:54.880] Federal law enforcement officials have recently brought attention to concerns of terrorist
[01:01:54.880 --> 01:02:00.160] propaganda, which encourages knife and car attacks because they're easier to pull off
[01:02:00.160 --> 01:02:06.160] than bombings.
[01:02:06.160 --> 01:02:10.320] The Texas legislator approved new rules this week, which go into effect on December 19th,
[01:02:10.320 --> 01:02:14.680] requiring facilities which perform abortions to bury the fetal remains instead of disposing
[01:02:14.680 --> 01:02:18.400] them in a sanitary landfill like other forms of biological medical waste.
[01:02:18.400 --> 01:02:22.520] The new regulations do allow for the option of the fetal remains being stemmed disinfected
[01:02:22.520 --> 01:02:23.520] beforehand.
[01:02:23.520 --> 01:02:28.280] The Texas governor wrote in an email back in July, which the Tribune published in full,
[01:02:28.280 --> 01:02:32.080] that, quote, I believe it is imperative to establish higher standards that reflect our
[01:02:32.080 --> 01:02:33.920] respect for the sanctity of life.
[01:02:33.920 --> 01:02:37.640] This is why Texas will require clinics and hospitals to bury or cremate human and fetal
[01:02:37.640 --> 01:02:38.640] remains.
[01:02:38.640 --> 01:02:42.600] I don't believe human and fetal remains should be treated like medical waste and disposed
[01:02:42.600 --> 01:02:44.200] of in landfills.
[01:02:44.200 --> 01:02:48.280] Indiana and Louisiana passed similar measures this year, however, neither state has put
[01:02:48.280 --> 01:02:55.280] the new rules into effect amid continuing legal challenges.
[01:03:18.280 --> 01:03:40.800] Okay.
[01:03:40.800 --> 01:03:41.800] We are back.
[01:03:41.800 --> 01:03:44.960] Randy Kelton, Debra Stevens, Rule of Law Radio.
[01:03:44.960 --> 01:03:52.920] And this Thursday, the first day of December, 2016, and we're talking to Olivier in Tennessee.
[01:03:52.920 --> 01:04:00.680] Olivier, this sounds like they're setting up your case so that they can toss it and
[01:04:00.680 --> 01:04:05.920] put you in a position to where you have to try to overcome a faulty ruling.
[01:04:05.920 --> 01:04:13.200] That big time, because once they did it, once I figured it out, I told the judges I wanted
[01:04:13.200 --> 01:04:20.680] to represent myself and that my counsel was insufficient because he forgot, I mean, he
[01:04:20.680 --> 01:04:27.200] did not file the motions that I wanted to and raise arguments that I wanted to.
[01:04:27.200 --> 01:04:34.360] And because of the scheduling conflict, and the DA was like, oh, we're still not like,
[01:04:34.360 --> 01:04:40.200] well, you know, you got to warn him that he could be going to prison and, you know, the
[01:04:40.200 --> 01:04:45.720] two of these don't say anything, why are you concerned about me defending myself?
[01:04:45.720 --> 01:04:57.400] They asked me if I was sure if I wanted to, but I said yes, because my counsel is inefficient.
[01:04:57.400 --> 01:05:02.920] I can't trust him to defend my case.
[01:05:02.920 --> 01:05:09.760] But what was interesting were the court instructions to the jury.
[01:05:09.760 --> 01:05:14.440] They set me up for a guilty verdict.
[01:05:14.440 --> 01:05:29.120] They did not allow the affirmative defense that was written in the statute, and they...
[01:05:29.120 --> 01:05:32.120] Did I lose you?
[01:05:32.120 --> 01:05:35.320] Olivier, we've lost you.
[01:05:35.320 --> 01:05:38.320] Hello, can you hear me?
[01:05:38.320 --> 01:05:41.920] Can you hear me?
[01:05:41.920 --> 01:05:44.920] Now I can hear you, yes.
[01:05:44.920 --> 01:05:45.920] What?
[01:05:45.920 --> 01:05:50.760] Can you hear me?
[01:05:50.760 --> 01:05:55.320] You are breaking up, I'm losing you, you're breaking in and out, you might try hanging
[01:05:55.320 --> 01:05:57.960] up and calling back.
[01:05:57.960 --> 01:05:58.960] Can you hear me?
[01:05:58.960 --> 01:06:02.320] Yeah, I can, that's the only word I've heard.
[01:06:02.320 --> 01:06:08.240] I hear one word and then you go blank for a while.
[01:06:08.240 --> 01:06:09.240] Are you still doing that?
[01:06:09.240 --> 01:06:11.720] Yeah, go ahead and talk.
[01:06:11.720 --> 01:06:14.200] I'm not sure if you're talking or if I'm just not hearing you.
[01:06:14.200 --> 01:06:15.200] Okay, go ahead.
[01:06:15.200 --> 01:06:21.560] All right, well, they excluded the second half, the affirmative defense in the statute.
[01:06:21.560 --> 01:06:32.160] They would not let that be heard by the jury, and the jury also made a motion that the jury
[01:06:32.160 --> 01:06:38.680] had to find that I was lawfully arrested before they could find me guilty of evading arrest.
[01:06:38.680 --> 01:06:47.880] There was not an arrest charge for me to be charged with evading arrest, and the courts
[01:06:47.880 --> 01:06:55.400] denied that and refused to allow me to argue it and refused to allow me to argue with constitutional
[01:06:55.400 --> 01:06:59.680] defenses.
[01:06:59.680 --> 01:07:08.680] And the funny part about it is I got the police to make statements on record, which are complete
[01:07:08.680 --> 01:07:15.840] lies to what occurred on the video, and made statements that I was not arrested at the
[01:07:15.840 --> 01:07:23.080] time that I fell asleep at the light, and they pulled up to check up on me on a health
[01:07:23.080 --> 01:07:27.920] and welfare check.
[01:07:27.920 --> 01:07:31.560] That did not make sense.
[01:07:31.560 --> 01:07:38.880] You were asleep at a light, and they pulled up to check on health and welfare.
[01:07:38.880 --> 01:07:42.280] Were they just checking to see if maybe you had passed out or something?
[01:07:42.280 --> 01:07:49.120] Yeah, somebody called and said that there was a vehicle at the light, and it seemed
[01:07:49.120 --> 01:07:50.120] like it passed out.
[01:07:50.120 --> 01:07:56.480] The light changed several times, and that they hadn't moved.
[01:07:56.480 --> 01:08:02.200] Oh, okay, so they were checking to see if maybe he's had a heart attack or something.
[01:08:02.200 --> 01:08:07.320] Okay, and then what happened?
[01:08:07.320 --> 01:08:11.560] And then he wanted me to step out of the vehicle, telling me to step out of the vehicle.
[01:08:11.560 --> 01:08:17.560] But because of my bad experiences with these cops and prior events, I was like, you know,
[01:08:17.560 --> 01:08:19.960] no, this is not going to be a good situation.
[01:08:19.960 --> 01:08:20.960] I'm going home.
[01:08:20.960 --> 01:08:25.040] I told him when the light turned, I rolled down my window, I told him when the light
[01:08:25.040 --> 01:08:29.480] turned green, I'm going home.
[01:08:29.480 --> 01:08:37.320] And I was two blocks away from my house, two or three blocks away from my house.
[01:08:37.320 --> 01:08:43.840] Okay, and what did the officers do?
[01:08:43.840 --> 01:08:53.480] When I left the scene and went home, the officers followed and found, searched and found the
[01:08:53.480 --> 01:09:01.520] vehicle in my property, in my driveway, they entered the driveway, went in the car, found
[01:09:01.520 --> 01:09:10.040] my license and ID and things like that in the car, then put out warrants for arrest
[01:09:10.040 --> 01:09:17.400] for driving or suspending license and evading arrest.
[01:09:17.400 --> 01:09:25.560] Okay, and you, okay, I'm not sure what you're saying occurred at trial now.
[01:09:25.560 --> 01:09:28.120] So now we know why you're at trial.
[01:09:28.120 --> 01:09:29.120] Right.
[01:09:29.120 --> 01:09:34.280] At trial, there's an affirmative sentence, they stated in the statute that it's-
[01:09:34.280 --> 01:09:38.760] No, no, wait, wait, you started out by saying they gave you improper notice.
[01:09:38.760 --> 01:09:41.760] Yes.
[01:09:41.760 --> 01:09:44.120] How did they give you improper notice?
[01:09:44.120 --> 01:09:47.640] My attorney told me that the trial was not going to be on the 28th, it's going to be
[01:09:47.640 --> 01:09:48.640] on the next month.
[01:09:48.640 --> 01:09:49.640] I said, okay.
[01:09:49.640 --> 01:09:55.320] He said that they had a conflict in scheduling, the judge was going to be taking another murder
[01:09:55.320 --> 01:09:56.320] case.
[01:09:56.320 --> 01:09:57.320] So-
[01:09:57.320 --> 01:10:02.440] Okay, keep going, keep going.
[01:10:02.440 --> 01:10:08.360] So I went to Thanksgiving, came back on Monday, woke up eight in the morning, nine o'clock.
[01:10:08.360 --> 01:10:12.640] They're calling me, telling me that I got a trial that morning.
[01:10:12.640 --> 01:10:16.560] And it didn't get moved to the next month.
[01:10:16.560 --> 01:10:18.880] So you had one day notice?
[01:10:18.880 --> 01:10:22.440] Yeah, same, yes.
[01:10:22.440 --> 01:10:27.200] Is one day notice sufficient in Tennessee on a criminal accusation?
[01:10:27.200 --> 01:10:33.160] I'm not sure.
[01:10:33.160 --> 01:10:39.920] You need to check, it's probably not, it's probably going to be seven days or so.
[01:10:39.920 --> 01:10:44.280] But this is trial by ambush.
[01:10:44.280 --> 01:10:51.400] And then it looks like they're trying to force, they're essentially trying to railroad you.
[01:10:51.400 --> 01:11:00.280] So they've accused you of a technical violation of law.
[01:11:00.280 --> 01:11:07.160] If the, you know, I've had these problems where a judge fails to follow law and denies
[01:11:07.160 --> 01:11:11.520] you in your rights and they say, well, you can appeal it.
[01:11:11.520 --> 01:11:19.240] You can also appeal to a grand jury to indict the judge for denying you in your rights.
[01:11:19.240 --> 01:11:25.760] And I'd much rather appeal to a grand jury of my peers instead of a whole panel of corrupt
[01:11:25.760 --> 01:11:26.760] judges.
[01:11:26.760 --> 01:11:32.640] So you might file criminal charges against the judge, accuse them of deliberately setting
[01:11:32.640 --> 01:11:36.960] you up so they could deny you proper notice.
[01:11:36.960 --> 01:11:43.000] You ran the judge.
[01:11:43.000 --> 01:11:45.400] And obviously file an appeal.
[01:11:45.400 --> 01:11:57.680] But if you get a grand jury to indict the judge, then he's disqualified.
[01:11:57.680 --> 01:12:02.600] Okay.
[01:12:02.600 --> 01:12:09.240] One quick experience, I was convicted in Cherokee County by the judge I filed criminal charges
[01:12:09.240 --> 01:12:14.400] against with the grand jury for filing criminal charges with the grand jury.
[01:12:14.400 --> 01:12:15.960] The railroad would be right to the courts.
[01:12:15.960 --> 01:12:19.840] I represented myself and I was totally incompetent to do that.
[01:12:19.840 --> 01:12:24.760] But when I got put in jail for a year and then I started filing criminal charges against
[01:12:24.760 --> 01:12:31.640] the judge, they couldn't get me out of there fast enough.
[01:12:31.640 --> 01:12:36.000] That works.
[01:12:36.000 --> 01:12:38.040] A grand jury scares them.
[01:12:38.040 --> 01:12:40.040] Okay, go ahead.
[01:12:40.040 --> 01:12:41.040] Okay.
[01:12:41.040 --> 01:12:50.440] Now, the fact that the statute have affirmative defenses and they were not allowed, isn't
[01:12:50.440 --> 01:12:53.840] that a cause of mistrial?
[01:12:53.840 --> 01:13:00.840] That's what I'm calling criminal, denying you your right to petition the court for redress
[01:13:00.840 --> 01:13:03.720] of grievance.
[01:13:03.720 --> 01:13:11.840] And that's going to be official misconduct on the part of the judge.
[01:13:11.840 --> 01:13:16.600] He has no more authority tonight to deny you in your rights than a policeman does out there
[01:13:16.600 --> 01:13:18.400] on the street.
[01:13:18.400 --> 01:13:26.160] He of all people, H.G. Wells in his outline of history on speaking to the corruption of
[01:13:26.160 --> 01:13:33.160] the popes during the dark age is very aptly observed, the giver of the law most owes the
[01:13:33.160 --> 01:13:35.280] law allegiance.
[01:13:35.280 --> 01:13:41.920] He of all beings should behave as though the law compels him, but it is the universal failing
[01:13:41.920 --> 01:13:50.480] of mankind that what we are given to administer, we promptly presume we own.
[01:13:50.480 --> 01:13:55.040] You should remind the judge he does not own the court and when he commits crimes from
[01:13:55.040 --> 01:14:02.320] the bench, he's subject to prosecution and he's subject to co-warrant or removal.
[01:14:02.320 --> 01:14:10.080] So you should consider appealing to a grand jury as well as to the court of appeals.
[01:14:10.080 --> 01:14:18.560] I'm doing that exact thing to a federal judge here in Texas.
[01:14:18.560 --> 01:14:25.440] We have a federal judge that dismissed one of my cases the same day I non-suited, but
[01:14:25.440 --> 01:14:30.240] he ignored a challenge, a jurisdiction.
[01:14:30.240 --> 01:14:37.320] So I'm filing criminally against him with a state grand jury for denying me the right
[01:14:37.320 --> 01:14:40.640] to petition the court for redress of grievance.
[01:14:40.640 --> 01:14:42.760] So you want to play hardball?
[01:14:42.760 --> 01:14:48.880] We'll see what a grand jury, a state grand jury thinks of your shenanigans.
[01:14:48.880 --> 01:14:49.880] Okay.
[01:14:49.880 --> 01:14:56.600] So that means the affirmative defense being denied, the jury denied the opportunity to
[01:14:56.600 --> 01:14:59.400] succeed the affirmative defense and to hear it.
[01:14:59.400 --> 01:15:10.160] The instructions were so Nazi, it was like, don't, can you judge this man without using
[01:15:10.160 --> 01:15:19.040] your own consensual thought of what the law should be or what is right or wrong?
[01:15:19.040 --> 01:15:26.880] Can you just look at what it says in the wording of the law and then look at the video and
[01:15:26.880 --> 01:15:29.440] tell me if he's guilty or not?
[01:15:29.440 --> 01:15:32.520] Like, are you serious?
[01:15:32.520 --> 01:15:35.880] But they can't see the second part of the law.
[01:15:35.880 --> 01:15:37.480] They can't see the whole law.
[01:15:37.480 --> 01:15:40.480] You just want them to read the first sentence.
[01:15:40.480 --> 01:15:44.480] Wait a minute, you're not making sense.
[01:15:44.480 --> 01:15:48.880] You're talking about the judge's...
[01:15:48.880 --> 01:15:49.880] The order.
[01:15:49.880 --> 01:15:54.520] The order was written, the order toward the jury was that way.
[01:15:54.520 --> 01:16:02.920] The only part you can't look at anything else, the only part, the only section of law.
[01:16:02.920 --> 01:16:06.160] This goes to jury nullification.
[01:16:06.160 --> 01:16:13.120] You need to do the research to see if there is statutory law upholding what the judge
[01:16:13.120 --> 01:16:14.120] said.
[01:16:14.120 --> 01:16:17.400] I'm going to almost bet you that there is not.
[01:16:17.400 --> 01:16:20.600] Can you call back tomorrow night, Olivier?
[01:16:20.600 --> 01:16:21.600] We're running out of time.
[01:16:21.600 --> 01:16:27.640] I've got a whole board full of callers and only have one segment left.
[01:16:27.640 --> 01:16:28.640] Thank you, Olivier.
[01:16:28.640 --> 01:16:30.800] We'll spend more time on this tomorrow night.
[01:16:30.800 --> 01:16:35.760] Okay, Randy Kelton, Deborah Stevens, the rule of our radio.
[01:16:35.760 --> 01:16:40.160] We have a whole stack of callers still, Barrett, Don, Sandra.
[01:16:40.160 --> 01:16:43.680] We'll try to get to everybody, but if we don't make it tonight, call us back tomorrow night
[01:16:43.680 --> 01:16:50.600] because we do a four hour show and we should be able to get to everybody if I...
[01:16:50.600 --> 01:16:53.280] Oh, I'm brain dead.
[01:16:53.280 --> 01:16:55.440] I thought this was last segment.
[01:16:55.440 --> 01:16:57.920] Forget all that stuff.
[01:16:57.920 --> 01:17:00.200] We'll be right back.
[01:17:00.200 --> 01:17:01.200] I love logos.
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[01:19:00.440 --> 01:19:26.440] Okay, we are back, Randy Kelton, Randy Braindead Kelton and Deborah Stevens.
[01:19:26.440 --> 01:19:27.440] I don't know what I'm doing.
[01:19:27.440 --> 01:19:28.440] I'm looking at the clock wrong.
[01:19:28.440 --> 01:19:30.400] I hadn't done that in a very long time.
[01:19:30.400 --> 01:19:32.960] Olivier, if you're still listening, my apologies.
[01:19:32.960 --> 01:19:34.960] I misread the clock.
[01:19:34.960 --> 01:19:35.960] Okay.
[01:19:35.960 --> 01:19:39.360] And Don, call back.
[01:19:39.360 --> 01:19:42.560] We've got three segments I'll try to get to you.
[01:19:42.560 --> 01:19:43.560] Okay.
[01:19:43.560 --> 01:19:45.560] We're going to Barrett in Arizona.
[01:19:45.560 --> 01:19:46.560] Hello, Barrett.
[01:19:46.560 --> 01:19:49.560] What do you have for us today?
[01:19:49.560 --> 01:19:50.560] Yeah.
[01:19:50.560 --> 01:19:54.560] Let me turn off my speaker phone there.
[01:19:54.560 --> 01:19:55.560] Okay.
[01:19:55.560 --> 01:19:57.560] Can you hear me all right?
[01:19:57.560 --> 01:19:58.560] Yes.
[01:19:58.560 --> 01:19:59.560] That's much better.
[01:19:59.560 --> 01:20:00.560] Okay.
[01:20:00.560 --> 01:20:14.640] I'm suing a judge for denying me my rights and I've been denied, but I heard that they
[01:20:14.640 --> 01:20:15.640] always do that.
[01:20:15.640 --> 01:20:19.120] Not just here, but I heard they do that all over.
[01:20:19.120 --> 01:20:21.480] So, how do I appeal it?
[01:20:21.480 --> 01:20:27.200] Do I just ask them how to appeal it or... And I also want to take this judge to a grand
[01:20:27.200 --> 01:20:33.400] jury and have her charged criminally for denying me my rights.
[01:20:33.400 --> 01:20:40.920] Also, I was wondering how much compensation money-wise can I get for...
[01:20:40.920 --> 01:20:41.920] Okay.
[01:20:41.920 --> 01:20:42.920] Okay.
[01:20:42.920 --> 01:20:48.400] That's a lot of questions with very few facts.
[01:20:48.400 --> 01:20:55.200] There's only about one thing you can sue a judge for and that's acting without subject
[01:20:55.200 --> 01:20:59.480] matter jurisdiction.
[01:20:59.480 --> 01:21:03.840] What is the nature of your claim against the judge?
[01:21:03.840 --> 01:21:05.800] All right.
[01:21:05.800 --> 01:21:17.200] I went to get a restraining order on a person that's harassing me, another guy that works
[01:21:17.200 --> 01:21:23.480] where I live at and he's been harassing me.
[01:21:23.480 --> 01:21:37.000] And I guess when you go before a judge, especially a female judge, and you're asking this judge
[01:21:37.000 --> 01:21:45.400] to... Well, I'm not married to this person, I'm not having a relationship with this person
[01:21:45.400 --> 01:21:46.400] at all.
[01:21:46.400 --> 01:21:54.320] Hold on, hold on, hold on, what you're trying to do is set me up so that I agree with what
[01:21:54.320 --> 01:21:58.160] you're going to say when you finally get there.
[01:21:58.160 --> 01:21:59.920] Just come right out with it.
[01:21:59.920 --> 01:22:03.360] Are you trying to get a restraining order against a woman?
[01:22:03.360 --> 01:22:12.400] No, I'm trying to get a restraining order against this person who works and lives here
[01:22:12.400 --> 01:22:14.200] harassing me.
[01:22:14.200 --> 01:22:15.200] Okay.
[01:22:15.200 --> 01:22:19.600] And you're kind of dancing all over the place.
[01:22:19.600 --> 01:22:25.920] Now you made an implication about when you go before a female judge as if that had something
[01:22:25.920 --> 01:22:26.920] to do with this.
[01:22:26.920 --> 01:22:28.960] What are you leaving out?
[01:22:28.960 --> 01:22:29.960] Well, I don't know.
[01:22:29.960 --> 01:22:36.000] I'm thinking that because it's not a real big moneymaker, because they can't force the
[01:22:36.000 --> 01:22:40.280] male in the relationship to go to... Now, wait a minute, wait a minute.
[01:22:40.280 --> 01:22:47.000] Are you familiar with the concept of referential index?
[01:22:47.000 --> 01:22:54.000] I need something to refer what you're saying to me.
[01:22:54.000 --> 01:22:58.320] You're using a lot of pronouns.
[01:22:58.320 --> 01:23:05.480] When it's not a big moneymaker, it, I have no idea what it refers to.
[01:23:05.480 --> 01:23:11.320] Well, you know how when there's a man and a wife or a girlfriend and a boyfriend, they
[01:23:11.320 --> 01:23:19.280] can always make the boyfriend go to a bunch of domestic violence classes where you have
[01:23:19.280 --> 01:23:27.520] to pay for that and they can also make the boyfriend go to jail and that's money in the
[01:23:27.520 --> 01:23:28.520] bank.
[01:23:28.520 --> 01:23:32.760] The more people that are in jail, the more money it's made.
[01:23:32.760 --> 01:23:33.760] Okay.
[01:23:33.760 --> 01:23:34.760] Okay.
[01:23:34.760 --> 01:23:37.800] Are you trying to defend yourself in this issue?
[01:23:37.800 --> 01:23:41.000] What was that?
[01:23:41.000 --> 01:23:46.560] Are you acting in a pro se capacity in this issue?
[01:23:46.560 --> 01:23:51.960] Pro se meaning... Without a lawyer.
[01:23:51.960 --> 01:23:56.280] What was that?
[01:23:56.280 --> 01:24:00.800] Are you acting in a legal capacity without a lawyer?
[01:24:00.800 --> 01:24:01.800] Right.
[01:24:01.800 --> 01:24:05.360] I don't have a lawyer, I can't afford one anyway.
[01:24:05.360 --> 01:24:06.360] Okay.
[01:24:06.360 --> 01:24:13.840] Barrett, I'm not trying to be difficult towards you, but you don't have a clue.
[01:24:13.840 --> 01:24:23.720] And what I mean by that is you don't understand anywhere near enough about law to be able
[01:24:23.720 --> 01:24:26.960] to do this yourself.
[01:24:26.960 --> 01:24:36.280] First of all, you don't know how to tell me what happened because your presentation is
[01:24:36.280 --> 01:24:38.720] not disciplined enough.
[01:24:38.720 --> 01:24:43.640] Now I am working on an ebook that will help with that.
[01:24:43.640 --> 01:24:51.120] The first thing you need is to sit down and write down a timeline.
[01:24:51.120 --> 01:24:55.160] When did this situation begin?
[01:24:55.160 --> 01:24:59.240] What was the first thing that initiated it?
[01:24:59.240 --> 01:25:02.000] And only tell what happened.
[01:25:02.000 --> 01:25:05.680] Put each sentence on a separate line and number the sentences.
[01:25:05.680 --> 01:25:08.880] This happened, then this happened, then this happened.
[01:25:08.880 --> 01:25:10.840] No explanation.
[01:25:10.840 --> 01:25:18.200] All these are for the purpose of revivification of memory.
[01:25:18.200 --> 01:25:25.960] You're trying to draw your mind into the situation and pull out things that you remembered.
[01:25:25.960 --> 01:25:32.000] When you have experience with this kind of thing, things happen.
[01:25:32.000 --> 01:25:40.880] You have a feeling about what happened and then you store that description of what happened
[01:25:40.880 --> 01:25:44.720] in terms of how you felt about it.
[01:25:44.720 --> 01:25:46.160] That's a natural way of doing things.
[01:25:46.160 --> 01:25:50.320] But if we're going to deal in law, we have to separate those two.
[01:25:50.320 --> 01:25:55.560] So the first thing you need is a timeline.
[01:25:55.560 --> 01:25:58.840] You write down a timeline of everything that's happened.
[01:25:58.840 --> 01:26:00.400] Just this happened, this happened, this happened.
[01:26:00.400 --> 01:26:03.760] On this date, this happened, this date, this happened, this date, this happened.
[01:26:03.760 --> 01:26:08.280] No explanation because then you're going to go back.
[01:26:08.280 --> 01:26:15.880] When you go back and read what you wrote down, the mind goes in there and looks at that differently.
[01:26:15.880 --> 01:26:18.400] And then it says, wait a minute, wait a minute.
[01:26:18.400 --> 01:26:21.720] You missed this little piece that went in here and you start adding pieces in.
[01:26:21.720 --> 01:26:29.080] And once you've been through it a few times and you're not adding more pieces, now we
[01:26:29.080 --> 01:26:35.960] take the timeline and turn it into a statement of facts.
[01:26:35.960 --> 01:26:44.000] You take out those things that happened that really aren't relevant.
[01:26:44.000 --> 01:26:55.720] And you try to develop a statement of facts that are relevant to what your issue is.
[01:26:55.720 --> 01:27:03.240] Writing a statement of facts is really an art form because once you have your timeline
[01:27:03.240 --> 01:27:11.200] down, then you look at where do I want to go with this?
[01:27:11.200 --> 01:27:16.880] What do I want to convince the other party of?
[01:27:16.880 --> 01:27:24.840] And then you go down and you pull out those facts that will tend to lead the reader to
[01:27:24.840 --> 01:27:30.880] agree with the conclusions you're going to come to later.
[01:27:30.880 --> 01:27:35.100] You're not going to address those conclusions in your statement of facts.
[01:27:35.100 --> 01:27:39.280] You're just going to put facts in there so that if somebody doesn't know anything about
[01:27:39.280 --> 01:27:45.880] it, reads these facts, he's going to try to mentally stitch them together so as he makes
[01:27:45.880 --> 01:27:48.080] sense.
[01:27:48.080 --> 01:27:55.480] If you carefully select the facts that you present, you can pretty well get someone to
[01:27:55.480 --> 01:27:58.480] come to the conclusion you want them to.
[01:27:58.480 --> 01:28:06.080] Once you have a good statement of facts down, then you write out your statement with your
[01:28:06.080 --> 01:28:09.360] position on the matter.
[01:28:09.360 --> 01:28:15.120] And if you're drawing the same conclusions that the person came to when they read your
[01:28:15.120 --> 01:28:20.640] statement of facts, then they're going to think you're really smart and they're going
[01:28:20.640 --> 01:28:24.880] to tend to trust what you're telling them because you're coming to the same conclusions
[01:28:24.880 --> 01:28:25.880] they came to.
[01:28:25.880 --> 01:28:26.880] Does this make sense?
[01:28:26.880 --> 01:28:27.880] Right.
[01:28:27.880 --> 01:28:28.880] Yes, it does.
[01:28:28.880 --> 01:28:32.680] This is an exercise.
[01:28:32.680 --> 01:28:39.960] You do this exercise with this particular situation.
[01:28:39.960 --> 01:28:45.560] It will help you to organize everything that happened because you're thinking of these
[01:28:45.560 --> 01:28:51.480] in the way you're speaking to me, you're responding to how you felt about it.
[01:28:51.480 --> 01:28:56.640] And feelings don't really have a timeline, they just jump all over the place.
[01:28:56.640 --> 01:29:00.840] And they don't pay attention to relevant specifics, they pay attention to how you felt.
[01:29:00.840 --> 01:29:08.360] So, I'm getting all this stuff, but it's not making sense to me because I don't know.
[01:29:08.360 --> 01:29:14.120] Should I do a timeline, write this out and then call you back tomorrow?
[01:29:14.120 --> 01:29:16.280] That would be great.
[01:29:16.280 --> 01:29:21.080] Do a timeline first and you will be surprised at how much it organizes your thinking.
[01:29:21.080 --> 01:29:22.080] The facts, right?
[01:29:22.080 --> 01:29:26.120] Just the facts and what she did and all that.
[01:29:26.120 --> 01:29:28.280] Yeah, not your opinion about what she did.
[01:29:28.280 --> 01:29:31.200] This day she did this, this day I did that.
[01:29:31.200 --> 01:29:34.440] This happened, this happened, this happened, this happened.
[01:29:34.440 --> 01:29:41.360] And then email that to me, randy at ruleoflawradio.com.
[01:29:41.360 --> 01:29:43.960] And then call back tomorrow and I'll have that.
[01:29:43.960 --> 01:29:48.880] Now I have referential index when you say something, I know where what you're saying
[01:29:48.880 --> 01:29:49.880] goes.
[01:29:49.880 --> 01:29:53.760] Okay, about to go to break and we'll talk to you tomorrow, Barrett.
[01:29:53.760 --> 01:30:04.600] I'll talk to you tomorrow, we'll be right back.
[01:30:04.600 --> 01:30:08.960] In China, a toddler crawled out of a high rise apartment window and was plunging to
[01:30:08.960 --> 01:30:11.160] her death when a miracle happened.
[01:30:11.160 --> 01:30:15.280] I'm Dr. Catherine Albrecht and in a moment I'll be back to tell you how a quick thinking
[01:30:15.280 --> 01:30:17.680] stranger saved her life.
[01:30:17.680 --> 01:30:19.800] Privacy is under attack.
[01:30:19.800 --> 01:30:23.400] When you give up data about yourself, you'll never get it back again.
[01:30:23.400 --> 01:30:28.360] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:28.360 --> 01:30:33.480] So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:33.480 --> 01:30:36.160] Privacy, it's worth hanging on to.
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[01:31:20.640 --> 01:31:30.840] Hi, Dr. Catherine Albrecht for startpage.com, the world's most private search engine.
[01:31:30.840 --> 01:31:36.200] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.200 --> 01:31:38.480] The government says that fire brought it down.
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[01:31:45.960 --> 01:31:48.720] And thousands of my fellow first responders are dying.
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[01:31:55.720 --> 01:31:56.720] We're Americans.
[01:31:56.720 --> 01:31:57.720] And we deserve the truth.
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[01:33:43.760 --> 01:33:44.760] We are back.
[01:33:44.760 --> 01:33:49.000] Randy Carlson, Deborah Stevens, Rue of La Radio, and we're going to Don in New Mexico.
[01:33:49.000 --> 01:33:50.000] Hello, Don.
[01:33:50.000 --> 01:33:51.840] How's it going with the IRS?
[01:33:51.840 --> 01:33:54.200] Oh, hello, Randy.
[01:33:54.200 --> 01:34:00.920] I don't know how things are going with them, but I'm trying to generate as much politics
[01:34:00.920 --> 01:34:04.640] as I can right now.
[01:34:04.640 --> 01:34:05.880] They're being kind of quiet.
[01:34:05.880 --> 01:34:14.880] I'm getting responses to my FOIAs and things, but I found out who the supervisor of the
[01:34:14.880 --> 01:34:16.320] supervisor is.
[01:34:16.320 --> 01:34:17.920] Oh, wonderful.
[01:34:17.920 --> 01:34:21.280] How did you do that?
[01:34:21.280 --> 01:34:30.920] Well, I sent the supervisor a letter complaining about the guy that works for him, because
[01:34:30.920 --> 01:34:38.000] the folks at FOIA told me that if I have a complaint about an IRS employee, I just need
[01:34:38.000 --> 01:34:44.880] to complain to their immediate supervisor, and I said, oh, okay, well.
[01:34:44.880 --> 01:34:53.800] So I sent the IRS employee a letter saying, hey, I need your supervisor, so I can complain
[01:34:53.800 --> 01:34:55.800] about you.
[01:34:55.800 --> 01:35:00.880] I sent a letter to the supervisor saying, I've got to complain about your, I'm complaining
[01:35:00.880 --> 01:35:08.840] about your subordinate, and FOIA told me if I have a complaint about somebody, I should
[01:35:08.840 --> 01:35:13.840] get their immediate supervisor so I can complain to them, so give me who that is, and I got
[01:35:13.840 --> 01:35:20.320] a letter saying who that was, so I moved up a notch, so now I've written a letter to that
[01:35:20.320 --> 01:35:27.240] supervisor complaining about the other supervisor, his subordinate, and in that complaint, the
[01:35:27.240 --> 01:35:37.680] last thing I do is ask for his supervisor's info because I need to talk to him too, plus
[01:35:37.680 --> 01:35:39.000] I'm doing it through FOIA.
[01:35:39.000 --> 01:35:45.320] So in addition, I'm doing a direct one to FOIA in Atlanta asking for the supervisor's
[01:35:45.320 --> 01:35:51.760] name and case, you know, one, to verify because I've got three criminal complaints against
[01:35:51.760 --> 01:35:57.960] FOIA out there now because they gave me the wrong information or delayed the information
[01:35:57.960 --> 01:36:03.880] or, you know, so I've got more criminal complaints against FOIA than I do against the people
[01:36:03.880 --> 01:36:07.120] that were initially hassling me, so.
[01:36:07.120 --> 01:36:16.040] And that's, that is generally how it works, and they will probably give you more criminal
[01:36:16.040 --> 01:36:19.560] complaints to file against them than you can keep up with.
[01:36:19.560 --> 01:36:26.360] Well, and I started trying to figure out how I'm going to keep up with them, so I'm working
[01:36:26.360 --> 01:36:34.200] on the letter to the attorney general, and I sent you an email kind of with my FOIA request
[01:36:34.200 --> 01:36:44.000] to the attorney general, and I was going to do it as a FOIA request asking for information
[01:36:44.000 --> 01:36:52.520] about all complaints that were filed on employees that had supposedly violated Title 18 of the
[01:36:52.520 --> 01:36:56.680] U.S. Code, like it says in 535.
[01:36:56.680 --> 01:37:02.000] But when you were talking to the first guest tonight, you said it in a way that I think
[01:37:02.000 --> 01:37:08.320] I only just need to scale that back and just do it as a regular letter and list each complaint
[01:37:08.320 --> 01:37:12.600] that I filed and say, give me the status of this complaint, give me the status of this
[01:37:12.600 --> 01:37:17.000] complaint, give me the, do you think that would be better than doing it as a FOIA?
[01:37:17.000 --> 01:37:22.480] Yeah, if you do, yes, if you do that to the attorney general, because they're probably
[01:37:22.480 --> 01:37:30.240] going to say, well, I never heard of that, if you do it as a FOIA, it's a little more
[01:37:30.240 --> 01:37:36.800] formal, and you really want them to admit that they've never seen it.
[01:37:36.800 --> 01:37:43.120] And I would suggest that you send a separate letter for each one.
[01:37:43.120 --> 01:37:46.680] Oh, okay.
[01:37:46.680 --> 01:37:49.880] Get them to respond separately.
[01:37:49.880 --> 01:37:55.360] We have Scott Richardson, he generally calls in quite a bit.
[01:37:55.360 --> 01:38:07.520] He was filing bar grievances, and he filed them with fax, email, and snail mail.
[01:38:07.520 --> 01:38:12.600] And they called him back to ask him, please quit doing that.
[01:38:12.600 --> 01:38:16.760] You were using up all of our resources.
[01:38:16.760 --> 01:38:21.080] Wonderful.
[01:38:21.080 --> 01:38:26.840] That means he's got everybody down there jumping up and down and annoyed that they're getting
[01:38:26.840 --> 01:38:35.200] all of these complaints from him, but they can't take out their annoyance on him.
[01:38:35.200 --> 01:38:41.360] So they're likely to take it out on the lawyers to keep those lawyers from sickening Scott
[01:38:41.360 --> 01:38:44.360] back on them again.
[01:38:44.360 --> 01:38:45.680] All right.
[01:38:45.680 --> 01:38:51.280] So I should do just one, so I want to get the status of this complaint that I filed
[01:38:51.280 --> 01:38:58.920] against this person, and then in a while do another one.
[01:38:58.920 --> 01:39:03.440] Because if you send them all at once, they're likely to just give you a blanket answer on
[01:39:03.440 --> 01:39:08.920] all of them that's really nonspecific and doesn't go anywhere.
[01:39:08.920 --> 01:39:16.000] So if you send them for each one, then they have to answer each one separately.
[01:39:16.000 --> 01:39:30.120] Now, when you file a request, you do not have to cite FOIA for it to fall under FOIA.
[01:39:30.120 --> 01:39:34.200] It falls under FOIA whether you mention FOIA or not.
[01:39:34.200 --> 01:39:37.600] Just that I'm asking them.
[01:39:37.600 --> 01:39:47.360] I've crafted my standard form information request to request the information under any
[01:39:47.360 --> 01:39:50.840] applicable relevant law.
[01:39:50.840 --> 01:39:55.160] Because if you ask for court records and you ask for them under Open Government Act in
[01:39:55.160 --> 01:39:59.560] Texas, they'll say, oh, we can't give you those, those don't fall under Open Government
[01:39:59.560 --> 01:40:01.120] Act.
[01:40:01.120 --> 01:40:10.840] If you ask for regular records and you don't and you cite some statute that doesn't apply,
[01:40:10.840 --> 01:40:11.960] they won't respond.
[01:40:11.960 --> 01:40:14.880] So I don't cite any statutes.
[01:40:14.880 --> 01:40:17.520] I just want to see the records.
[01:40:17.520 --> 01:40:24.040] And then when they don't produce, then I cite the statute.
[01:40:24.040 --> 01:40:27.760] So anything you file, it is essentially under FOIA.
[01:40:27.760 --> 01:40:28.760] Okay.
[01:40:28.760 --> 01:40:38.560] Well, I'll do that, I'll rewrite that and send out that's going out tomorrow.
[01:40:38.560 --> 01:40:53.520] You might consider requesting the information for your local grand jury, you're in New
[01:40:53.520 --> 01:40:54.520] Mexico.
[01:40:54.520 --> 01:40:59.040] If you file complaints, you filed them in the Fed, you should also file them in the
[01:40:59.040 --> 01:41:08.640] state with the local grand jury, you start a grand jury fight.
[01:41:08.640 --> 01:41:15.000] Now, these IRS agents pretty well figure that the feds are going to cover their behinds.
[01:41:15.000 --> 01:41:16.000] Right.
[01:41:16.000 --> 01:41:17.000] Right.
[01:41:17.000 --> 01:41:23.640] But they're not going to figure the state's going to cover anything.
[01:41:23.640 --> 01:41:30.520] What if I get a prosecutor who's been hammered by us, and I've talked to prosecutors who've
[01:41:30.520 --> 01:41:34.960] been hammered by the IRS, the IRS doesn't cut them any slack.
[01:41:34.960 --> 01:41:40.920] So they want to play hardball, then bring them back to the people in the state that
[01:41:40.920 --> 01:41:43.320] they've been hammering and see how that works for them.
[01:41:43.320 --> 01:41:54.280] So I'd have to find the equivalent of 18 U.S.C. 242 in the New Mexico code?
[01:41:54.280 --> 01:41:59.320] New Mexico is the only state that I haven't found it in yet.
[01:41:59.320 --> 01:42:09.200] When I say every state has a state equivalent to 18 U.S.C. 242, I'm not exactly accurate
[01:42:09.200 --> 01:42:14.080] because we never had some other people looking for it.
[01:42:14.080 --> 01:42:19.600] But then he was a truck driver and he gets around all those diesel fumes and they're
[01:42:19.600 --> 01:42:20.600] called deadhead.
[01:42:20.600 --> 01:42:27.360] It was Ron in New Mexico, he was outside Albuquerque, I think, but we couldn't find it.
[01:42:27.360 --> 01:42:35.640] So I'm sure you've got an official misconduct or an official oppression statute.
[01:42:35.640 --> 01:42:41.640] Generally, everything has an official misconduct, but there's got to be one, otherwise you couldn't
[01:42:41.640 --> 01:42:45.480] hold public officials liable for anything.
[01:42:45.480 --> 01:42:51.840] But do that, and if you can't find it, you don't have to cite the statute when you accuse
[01:42:51.840 --> 01:42:52.840] them of the act.
[01:42:52.840 --> 01:42:53.840] Right.
[01:42:53.840 --> 01:42:57.600] Just tell them what they did.
[01:42:57.600 --> 01:43:04.840] What you want is you want the local prosecutor calling the IRS and their investigator saying
[01:43:04.840 --> 01:43:05.840] what's going on here?
[01:43:05.840 --> 01:43:11.160] I've got a guy trying to get me to indict one of your officers.
[01:43:11.160 --> 01:43:12.800] What's going on here?
[01:43:12.800 --> 01:43:16.760] And that'll really get them hopping up and down.
[01:43:16.760 --> 01:43:22.480] Well once I get up, once I get up, because I think the supervisor's supervisor I don't
[01:43:22.480 --> 01:43:24.080] think is far enough up yet.
[01:43:24.080 --> 01:43:29.200] I've gotten out of the state of New Mexico, but I think I want to go up at least one more
[01:43:29.200 --> 01:43:30.200] level.
[01:43:30.200 --> 01:43:37.800] And at that point I'm- Wonderful, you're the master, they're the
[01:43:37.800 --> 01:43:38.800] servants.
[01:43:38.800 --> 01:43:41.800] You can absolutely do that.
[01:43:41.800 --> 01:43:44.440] Okay, do you have any more for us?
[01:43:44.440 --> 01:43:47.280] Yeah, I've got a couple more things.
[01:43:47.280 --> 01:43:48.280] Okay, hang on.
[01:43:48.280 --> 01:43:51.280] If you've done it, all right.
[01:43:51.280 --> 01:43:54.760] Okay, we've just got one more caller, we'll try to get through both of them.
[01:43:54.760 --> 01:44:00.600] Randy Kelton, Deborah Stevens, Radio, we'll be right back.
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[01:46:00.800 --> 01:46:01.800] Hello.
[01:46:01.800 --> 01:46:02.800] Oh, man.
[01:46:02.800 --> 01:46:03.800] In jail.
[01:46:03.800 --> 01:46:24.800] Just broke it up, oh, man, I'm broke, man.
[01:46:24.800 --> 01:46:31.800] Some things in this world I will never understand.
[01:46:31.800 --> 01:46:37.640] Okay.
[01:46:37.640 --> 01:46:38.640] We are back.
[01:46:38.640 --> 01:46:42.480] Brandon Kelton, Deborah Stevens of Rule of Law Radio and we're talking to Don in New
[01:46:42.480 --> 01:46:43.480] Mexico.
[01:46:43.480 --> 01:46:46.720] Okay, Don, we were speaking to this over the break.
[01:46:46.720 --> 01:46:53.640] Deborah and I did a seminar in Dumas and we were looking for this in New Mexico.
[01:46:53.640 --> 01:46:58.400] New Mexico is one of the youngest states and there were a lot of protections that were
[01:46:58.400 --> 01:47:07.200] not statutory in New Mexico, but there has to be the protection.
[01:47:07.200 --> 01:47:14.600] It is my opinion that these statutory protections were not put in the law to protect you and
[01:47:14.600 --> 01:47:16.600] I from the bad guys.
[01:47:16.600 --> 01:47:23.840] They were put in by the bad guys to protect themselves from the other bad guys.
[01:47:23.840 --> 01:47:26.200] So there has to be a protection there.
[01:47:26.200 --> 01:47:31.280] It just was, I didn't find it under official misconduct the way I expected it.
[01:47:31.280 --> 01:47:32.280] Okay.
[01:47:32.280 --> 01:47:34.640] Okay, you had some more stuff.
[01:47:34.640 --> 01:47:39.920] Yeah, I sent you an email today and I want to make sure it doesn't get lost in the shuffle
[01:47:39.920 --> 01:47:42.440] because I know you get a lot of them.
[01:47:42.440 --> 01:47:52.800] Code of Federal Regulations Section 2638.603, Reports of Referral for Possible Prosecution
[01:47:52.800 --> 01:47:57.440] Discusses 535 of Title 28.
[01:47:57.440 --> 01:47:58.440] Oh, wonderful.
[01:47:58.440 --> 01:47:59.440] Okay.
[01:47:59.440 --> 01:48:06.520] I haven't seen that email yet, but yours I pay close attention to, especially after you
[01:48:06.520 --> 01:48:10.480] gave me 535.
[01:48:10.480 --> 01:48:17.000] That was like candy, you gave me something I can beat them up with.
[01:48:17.000 --> 01:48:19.840] This is going to add to that.
[01:48:19.840 --> 01:48:23.280] It actually explains things pretty well and I sent that this morning, so you should have
[01:48:23.280 --> 01:48:24.280] it.
[01:48:24.280 --> 01:48:25.280] Okay.
[01:48:25.280 --> 01:48:26.280] I think I have it right here.
[01:48:26.280 --> 01:48:31.680] Freedom of Information Request, Attorney General Lynch, is that you?
[01:48:31.680 --> 01:48:33.480] No, the second one I sent.
[01:48:33.480 --> 01:48:34.480] Okay, yeah.
[01:48:34.480 --> 01:48:35.880] I actually looked at this one.
[01:48:35.880 --> 01:48:39.880] I thought it was only one page, so it stopped kind of quick.
[01:48:39.880 --> 01:48:40.880] Yep.
[01:48:40.880 --> 01:48:43.960] I don't see another one from you.
[01:48:43.960 --> 01:48:47.120] I actually sent you three this morning.
[01:48:47.120 --> 01:48:50.040] I only see one.
[01:48:50.040 --> 01:48:51.040] Okay.
[01:48:51.040 --> 01:48:52.040] That's the...
[01:48:52.040 --> 01:48:53.040] That's the FOIA.
[01:48:53.040 --> 01:48:54.040] ...request.
[01:48:54.040 --> 01:48:55.040] All right.
[01:48:55.040 --> 01:49:01.960] Well, I'll resend, if you want me to resend the one that I sent about 8 o'clock this morning,
[01:49:01.960 --> 01:49:02.960] maybe you'll...
[01:49:02.960 --> 01:49:03.960] Yeah.
[01:49:03.960 --> 01:49:04.960] Okay.
[01:49:04.960 --> 01:49:05.960] Yeah.
[01:49:05.960 --> 01:49:06.960] Please do.
[01:49:06.960 --> 01:49:19.600] That shows 12-1, shows 5-11.
[01:49:19.600 --> 01:49:20.600] This shows 5 o'clock PM.
[01:49:20.600 --> 01:49:23.600] That's the last one I sent.
[01:49:23.600 --> 01:49:24.600] Yeah.
[01:49:24.600 --> 01:49:25.600] Okay.
[01:49:25.600 --> 01:49:26.600] I didn't get the other two apparently.
[01:49:26.600 --> 01:49:27.600] All right.
[01:49:27.600 --> 01:49:32.600] I'll resend both of you with the Code of Federal Regulations.
[01:49:32.600 --> 01:49:33.600] Okay.
[01:49:33.600 --> 01:49:36.600] I'll send you the first one for sure.
[01:49:36.600 --> 01:49:37.600] Okay.
[01:49:37.600 --> 01:49:38.600] Wonderful.
[01:49:38.600 --> 01:49:39.600] Okay.
[01:49:39.600 --> 01:49:40.600] All right.
[01:49:40.600 --> 01:49:45.080] Tell Debra, thanks for calling me back, and we'll talk to you next time.
[01:49:45.080 --> 01:49:46.080] Okay.
[01:49:46.080 --> 01:49:47.080] Thank you, Don.
[01:49:47.080 --> 01:49:48.080] Okay.
[01:49:48.080 --> 01:49:50.560] Now, we're going to go to Sandra in Florida.
[01:49:50.560 --> 01:49:51.560] Hello, Sandra.
[01:49:51.560 --> 01:49:52.560] Hello.
[01:49:52.560 --> 01:49:53.560] This is Sandra.
[01:49:53.560 --> 01:49:54.560] Hello, Sandra.
[01:49:54.560 --> 01:50:04.960] I've got your email, and in there, you talk about the police coming into your apartment
[01:50:04.960 --> 01:50:06.400] or your house.
[01:50:06.400 --> 01:50:07.400] My home.
[01:50:07.400 --> 01:50:12.400] Your home, claiming you were a tenant when you actually owned the property.
[01:50:12.400 --> 01:50:16.280] There was a lot left out there.
[01:50:16.280 --> 01:50:20.400] Just because you're a tenant doesn't open your door to anybody.
[01:50:20.400 --> 01:50:30.720] What were the grounds under which they claimed authority to enter your home?
[01:50:30.720 --> 01:50:36.520] They sold a tax deed in 2007 on my house.
[01:50:36.520 --> 01:50:41.320] Originally the taxes were like 200, and then in one year without jumping, they jumped to
[01:50:41.320 --> 01:50:47.200] $3,000, which of course the money I didn't have.
[01:50:47.200 --> 01:50:54.280] Way back at that time, I did try to make arrangements to even pay the $3,000, but I was blocked
[01:50:54.280 --> 01:50:57.360] in all directions, and that's when I started to litigate.
[01:50:57.360 --> 01:51:00.280] Then I started to litigate and litigate.
[01:51:00.280 --> 01:51:05.960] Then it turned into a feud with the city of Pombe, and then the city of Pombe, which I
[01:51:05.960 --> 01:51:08.520] called you in 2010, started arresting us.
[01:51:08.520 --> 01:51:13.720] They arrested everybody in our family, harassing us, repeatedly coming onto our property, looking
[01:51:13.720 --> 01:51:14.720] inside our door.
[01:51:14.720 --> 01:51:23.040] Then when I started to learn, then it's like tackling that I'm not a taxpayer, I don't
[01:51:23.040 --> 01:51:26.120] have a business license.
[01:51:26.120 --> 01:51:33.520] I filed in federal court just months ago about getting... I have been filing-
[01:51:33.520 --> 01:51:34.520] Hold on, hold on.
[01:51:34.520 --> 01:51:37.720] You're going way too fast, jumping from one thing to another.
[01:51:37.720 --> 01:51:40.240] I'm having a little trouble keeping up.
[01:51:40.240 --> 01:51:41.240] Right.
[01:51:41.240 --> 01:51:45.040] I've talked to you before in 2010.
[01:51:45.040 --> 01:51:51.240] When I started to litigate back against the city of Pombe as a pro se litigant, then it
[01:51:51.240 --> 01:51:56.400] was a feud between my family and the city of Pombe.
[01:51:56.400 --> 01:52:01.440] They used code enforcement, and the Pombe police, and like I told you before, they turned
[01:52:01.440 --> 01:52:02.920] off our water.
[01:52:02.920 --> 01:52:06.680] They turned off our water to our house, saying that they were going to get rid of us, and
[01:52:06.680 --> 01:52:13.880] that they were going to reclaim the house to them, the city of Pombe.
[01:52:13.880 --> 01:52:22.400] I litigated, I've filed numerous of Title 42 Section 93 lawsuits, got feedback from
[01:52:22.400 --> 01:52:26.480] the federal court, fixed the feedback.
[01:52:26.480 --> 01:52:31.400] Just a while back, I filed another Title 42 Section 93, only on the taxes that I'm not
[01:52:31.400 --> 01:52:39.360] a taxpayer, that I don't have a business license, I'm not in a city, and my home is not taxable.
[01:52:39.360 --> 01:52:44.960] I just cut out all the, you know, trying to litigate.
[01:52:44.960 --> 01:52:54.680] I did everything in my power, litigating in state court and in federal court.
[01:52:54.680 --> 01:53:04.000] Then per what happened on this particular day, Teresa-
[01:53:04.000 --> 01:53:06.200] Okay, hold on, hold on.
[01:53:06.200 --> 01:53:12.200] Just one thing you haven't told me, was this an eviction action?
[01:53:12.200 --> 01:53:17.680] It was an alleged eviction act, yes, that's what they're alleging, right, from a home
[01:53:17.680 --> 01:53:21.520] that I've lived in since 1968.
[01:53:21.520 --> 01:53:26.960] So they're saying that, but my dad purchased that house from Federal Development, had a
[01:53:26.960 --> 01:53:31.320] 30-year mortgage, paid off the mortgage in year 2000, has a warranty deed, and when he
[01:53:31.320 --> 01:53:35.400] passed, I quite claimed it to myself.
[01:53:35.400 --> 01:53:43.000] So the house was in my name, it's, you know, like basically a valued $120,000 house.
[01:53:43.000 --> 01:53:50.760] Okay, and they claim the city took it for taxes, or the county took it for taxes?
[01:53:50.760 --> 01:53:59.880] No, they said that they sold the tax deed to a realtor named Robert Limke, but he was
[01:53:59.880 --> 01:54:07.080] not the original person that technically sued for writ of assistance in civil court.
[01:54:07.080 --> 01:54:08.080] He was-
[01:54:08.080 --> 01:54:14.520] Okay, so they were acting under an eviction order?
[01:54:14.520 --> 01:54:19.800] An unsigned eviction order, yes.
[01:54:19.800 --> 01:54:25.960] Okay, that, whether the one they had was signed or not is not necessarily relevant, if there
[01:54:25.960 --> 01:54:35.840] is a signed eviction order in the record, so that's all that really matters.
[01:54:35.840 --> 01:54:46.400] And if the officers were acting under an order of eviction, then, okay, did, in your email,
[01:54:46.400 --> 01:54:49.720] you alleged that they stole a whole bunch of stuff.
[01:54:49.720 --> 01:54:53.960] Did they set it all outside or did they carry some away?
[01:54:53.960 --> 01:54:56.520] No, they carried it away.
[01:54:56.520 --> 01:55:00.960] They emptied out a three-bedroom, two-bath, two-car garage.
[01:55:00.960 --> 01:55:02.520] They took all the valuables.
[01:55:02.520 --> 01:55:06.200] They specifically knew the legal documents that I had collected.
[01:55:06.200 --> 01:55:09.880] I had, I started to get very meticulous from talking to you.
[01:55:09.880 --> 01:55:17.000] In fact, I sent to you a portfolio of, you know, like you said, a timeframe of all this,
[01:55:17.000 --> 01:55:21.480] the happening, and I sent that to you, you know, like in a portfolio.
[01:55:21.480 --> 01:55:24.600] So they knew exactly what they were looking for.
[01:55:24.600 --> 01:55:26.800] They stole, they first-
[01:55:26.800 --> 01:55:28.440] Okay, hold on, hold on.
[01:55:28.440 --> 01:55:31.400] Did they take anything to storage?
[01:55:31.400 --> 01:55:39.200] No, no, they were loading up a, Robert Limke and his son were loading up their cars full
[01:55:39.200 --> 01:55:41.320] and the Pompeii police were helping them.
[01:55:41.320 --> 01:55:43.600] Now, make this very clear.
[01:55:43.600 --> 01:55:48.760] It was alleged that this was an eviction, alleged by the Brevard County Sheriff's Department,
[01:55:48.760 --> 01:55:53.080] but no witnesses, including myself, had seen no sheriff.
[01:55:53.080 --> 01:56:01.200] It was through the city, municipality, the city of Pompeii, and even witnesses outside
[01:56:01.200 --> 01:56:03.360] of the people that's come to me.
[01:56:03.360 --> 01:56:07.940] There was no eviction sheriff or process server that day.
[01:56:07.940 --> 01:56:08.940] And those were the only-
[01:56:08.940 --> 01:56:11.440] Then you might sue the sheriff.
[01:56:11.440 --> 01:56:12.440] Right.
[01:56:12.440 --> 01:56:20.600] If you sue the sheriff and he didn't do it, he's going to throw under the bus whoever
[01:56:20.600 --> 01:56:22.680] did do it.
[01:56:22.680 --> 01:56:29.680] And if they didn't have proper authority because they weren't either constables or sheriff's
[01:56:29.680 --> 01:56:35.520] deputies, whatever they do in Florida, then you sue the real estate agent.
[01:56:35.520 --> 01:56:39.520] You might start out with a real estate agent.
[01:56:39.520 --> 01:56:43.400] If he's a real estate agent, then you file a complaint with the Better Business Bureau
[01:56:43.400 --> 01:56:51.640] and with the, whatever realtors association you have in Florida.
[01:56:51.640 --> 01:56:55.800] And they will kick his behind.
[01:56:55.800 --> 01:57:03.280] If you're in Texas and you have a real estate license, these realtors are terrified of the
[01:57:03.280 --> 01:57:06.680] real estate association in Texas.
[01:57:06.680 --> 01:57:10.520] Because they will land on these guys like a ton of bricks.
[01:57:10.520 --> 01:57:11.520] Right.
[01:57:11.520 --> 01:57:15.720] So sometimes there's some secondary ways to go after them.
[01:57:15.720 --> 01:57:21.960] And Better Business Bureau, if this guy's a real estate agent and you accuse him of
[01:57:21.960 --> 01:57:27.840] this through the Better Business Bureau, that goes in there and it stays there.
[01:57:27.840 --> 01:57:30.240] My wife bought a couch for $5,000.
[01:57:30.240 --> 01:57:32.320] It was trash.
[01:57:32.320 --> 01:57:33.600] We tried to get them to fix it.
[01:57:33.600 --> 01:57:37.000] They came out several times and never got it fixed, told them to take it back.
[01:57:37.000 --> 01:57:41.080] They wanted a 40% restocking fee.
[01:57:41.080 --> 01:57:44.160] I filed a complaint with the Better Business Bureau.
[01:57:44.160 --> 01:57:48.680] They couldn't get out there fast enough to give me a check and get that couch.
[01:57:48.680 --> 01:57:54.000] So there's sometimes more than one way to get after this.
[01:57:54.000 --> 01:57:55.720] Okay, hold on.
[01:57:55.720 --> 01:57:57.120] We're short of time tonight.
[01:57:57.120 --> 01:58:00.080] Can you call back tomorrow night and I'll take you earlier?
[01:58:00.080 --> 01:58:01.080] Yes.
[01:58:01.080 --> 01:58:04.960] So we'll have a little more time to address your issue.
[01:58:04.960 --> 01:58:05.960] Yes.
[01:58:05.960 --> 01:58:06.960] I apologize.
[01:58:06.960 --> 01:58:10.840] We started out with a full board of callers and we had an issue we wanted to talk about
[01:58:10.840 --> 01:58:14.440] today so we kind of used up our time.
[01:58:14.440 --> 01:58:18.160] Sorry for that, but we'll spend plenty of time tomorrow night.
[01:58:18.160 --> 01:58:22.200] This is Randy Kelken, Deborah Stevens, we love our radio.
[01:58:22.200 --> 01:58:23.200] Thank you all for listening.
[01:58:23.200 --> 01:58:28.000] We'll be back tomorrow night with our four hour info marathon.
[01:58:28.000 --> 01:58:33.000] And I do want to start out tomorrow night again talking a little more about this grand
[01:58:33.000 --> 01:58:37.040] jury issue because the timing is perfect for it.
[01:58:37.040 --> 01:58:41.720] We actually might be able to get some real change done.
[01:58:41.720 --> 01:58:50.720] Thank you all for listening and good night.
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