ROL_2017-05-04_16k.timecode
[00:00.000 --> 00:05.640] The following news flashes brought to you by The Lowest Star Lowdown.
[00:05.640 --> 00:13.200] Markets for Friday 14th April 2017 are currently trading with gold at $1,284.01 an ounce, silver
[00:13.200 --> 00:22.520] $18.51 an ounce, Texas Crude $53.18 a barrel, and Bitcoin is sitting at about $1,175 U.S.
[00:22.520 --> 00:23.520] currency.
[00:23.520 --> 00:31.200] Today in history, the year 1865, U.S. President Abraham Lincoln is shot at Ford's Theater
[00:31.200 --> 00:33.080] by John Wilkes Booth.
[00:33.080 --> 00:39.720] Lincoln later died the next day after being shot, today, in history.
[00:39.720 --> 00:46.760] In recent news, the GBU-43B Massive Ordinance Air Blast Bomb, or Mother of All Bombs, the
[00:46.760 --> 00:51.560] largest non-nuclear bomb in the United States arsenal with the blast shield of 11 tons of
[00:51.560 --> 00:56.840] TNT, was dropped for the first time in combat Thursday night on a network of fortified underground
[00:56.840 --> 01:01.720] tunnels originally built by the CIA, according to WikiLeaks, that ISIS and the Taliban had
[01:01.720 --> 01:05.640] been using to stage attacks on U.S. and Afghani forces.
[01:05.640 --> 01:10.640] The strike took place in the Nankahar province near the Afghan and Pakistan border, with
[01:10.640 --> 01:13.960] Afghan officials confirming 36 ISIS fighters killed.
[01:13.960 --> 01:18.960] However, ISIS media winged the AMIC News Agency denied that any ISIS fighters were killed
[01:18.960 --> 01:19.960] or injured.
[01:19.960 --> 01:23.960] General John Nicholson, commander of the U.S. forces in Afghanistan, defending the use
[01:23.960 --> 01:28.680] of the MOAM, told a press conference that, quote, this was the right weapon against the
[01:28.680 --> 01:29.680] right target.
[01:29.680 --> 01:33.240] It was the right time to use it tactically against the right target on the battlefield.
[01:33.240 --> 01:39.600] That's the 21,600-pound, $170,000 Mother of All Bombs, Afghan President Ashraf Ghani
[01:39.600 --> 01:44.440] approved of the strike, while former President Hamid Karzai accused the United States of
[01:44.440 --> 01:49.080] using Afghanistan as a, quote, testing ground for a new and dangerous weapon.
[01:49.080 --> 01:52.320] Since two to three kilometers away, we're reporting broken windows and thick clouds
[01:52.320 --> 01:54.720] of smoke after the blast.
[01:54.720 --> 01:59.040] During the final stages of testing in 2003, military officials told the media that the
[01:59.040 --> 02:04.040] MOAB was mainly conceived as a weapon employed for psychological operations, that it is
[02:04.040 --> 02:09.480] a means of scaring enemies into not even fighting.
[02:09.480 --> 02:13.920] An internal Delta Airlines memo obtained Friday by the Associated Press stated that its agents
[02:13.920 --> 02:19.360] can offer up to $2,000 up from a previous maximum of $800, and supervisors can offer
[02:19.360 --> 02:26.560] up to $9,950 up from $1,350 to customers willing to give up their seats, with other airlines
[02:26.560 --> 02:30.800] examining their policies as well, and American Airlines updating its rules to say that no
[02:30.800 --> 02:35.800] passengers who have boarded the plane will be removed to give up a seat to someone else.
[02:35.800 --> 02:40.240] All this in response to a viral video where airport officers violently yanked and dragged
[02:40.240 --> 02:45.840] David Dowell from his seat on a sold-out United Express flight, a choice which cost United
[02:45.840 --> 02:48.400] upwards of a quarter of a billion dollars.
[02:48.400 --> 02:53.560] No wonder airline competitors are paying out nearly 10 grand to avoid such a scenario.
[02:53.560 --> 03:19.560] This was Rick Rodeo with your lowdown for April 14, 2017.
[03:19.560 --> 03:40.600] Okay, howdy, howdy, Randy Kelton, Deborah Stevens, and Rule of Law Radio.
[03:40.600 --> 03:53.760] On this Thursday, the fourth day of May, 2017, oh, tomorrow Cinco de Mayo, okay, we'll be
[03:53.760 --> 03:57.760] on tomorrow on Cinco de Mayo and we can all party down.
[03:57.760 --> 04:04.840] Okay, I wanted to start out talking about some, an app, app I'm getting put together.
[04:04.840 --> 04:17.200] You know, I've been talking about setting up a program where I can demonstrate the electronic
[04:17.200 --> 04:19.480] lawyer.
[04:19.480 --> 04:27.600] And in working out the details and procedures and how to do it, we came across an idea.
[04:27.600 --> 04:36.720] You know, we've been talking for a long time about how we wanted to take on the system
[04:36.720 --> 04:43.360] and change the system and this electronic lawyer was intended to eliminate the profession
[04:43.360 --> 04:48.600] of lawyer and get lawyers to pay us to do it.
[04:48.600 --> 04:57.520] You know, it appears as though after some research, one of the best places to begin implementation
[04:57.520 --> 05:00.440] of this is with traffic tickets.
[05:00.440 --> 05:06.560] And he does a traffic show and he gets more listeners than anybody else on the network.
[05:06.560 --> 05:09.160] So there's a lot of interest in tickets.
[05:09.160 --> 05:16.000] So we put together, we were in the process of putting together an app where if you get
[05:16.000 --> 05:24.800] a ticket, you pull up this app, fill in the information off your ticket and then for a
[05:24.800 --> 05:33.240] relatively minor fee, you can download a whole stack of documents.
[05:33.240 --> 05:38.000] All this stuff we've been talking about for years on the air and all of the things you
[05:38.000 --> 05:47.080] should do, what we've been doing is crafting a set of tools to create these documents.
[05:47.080 --> 05:55.560] Now, I don't have the entire electronic lawyer built yet and it's a massive project and
[05:55.560 --> 06:04.640] I need a way to kind of fund the front end and I think we've got a way to do that while
[06:04.640 --> 06:16.320] at the same time, we may well be able to shut down traffic enforcement in the state of Texas.
[06:16.320 --> 06:24.880] Now I know that sounds rather expensive and outlandish, but I don't think it's beyond
[06:24.880 --> 06:26.880] our reach.
[06:26.880 --> 06:38.120] I have this, the most powerful things that I've come up with are two information requests.
[06:38.120 --> 06:45.680] I sent in an information request asking the jurisdiction, asking the police department
[06:45.680 --> 07:01.880] to provide evidence of their officers' compliance with the education requirements under Texas
[07:01.880 --> 07:16.640] Administrative Code 4.13 and Texas Transportation Code 644 and 644-101 and 701-001.
[07:16.640 --> 07:21.200] Okay, this is real complex.
[07:21.200 --> 07:24.680] Texas is probably not like other states.
[07:24.680 --> 07:32.960] Other states probably have some pretty sane laws, but not Texas.
[07:32.960 --> 07:41.400] Who can enforce the Texas Transportation Code in Texas is insane.
[07:41.400 --> 07:48.600] When you read the code, it is absolutely insane the way it's written.
[07:48.600 --> 07:57.200] It says that primarily the Department of Public Safety are police officers, not to be confused
[07:57.200 --> 08:00.520] with peace officers.
[08:00.520 --> 08:07.400] Now they may be certified as peace officers, but they are not employed as peace officers.
[08:07.400 --> 08:10.760] Texas has separate designations.
[08:10.760 --> 08:20.640] A peace officer is someone authorized to enforce the criminal laws, or more correctly, a peace
[08:20.640 --> 08:32.960] officer is someone who is certified and can be employed to enforce the penal laws.
[08:32.960 --> 08:41.720] A police officer is someone employed to enforce the Transportation Code.
[08:41.720 --> 08:46.440] The Texas Administrative Code in creating the Department of Public Safety made them
[08:46.440 --> 08:52.080] traffic cops, meter maids on wheels.
[08:52.080 --> 08:59.240] And it specifically said the Department of Public Safety shall not enforce the criminal
[08:59.240 --> 09:07.320] laws except on the request of and under the direction of local law enforcement, the traffic
[09:07.320 --> 09:08.320] cops.
[09:08.320 --> 09:17.680] And then it goes on to say that the sheriff of the county can appoint up to five people
[09:17.680 --> 09:26.440] to enforce the Transportation Code, one of which may be a peace officer from a municipality
[09:26.440 --> 09:30.480] within the county.
[09:30.480 --> 09:37.640] But all of them have to go through this training developed by the Department of Public Safety.
[09:37.640 --> 09:47.920] And they have to under Texas Administrative Code 4.14, they have to be able to produce
[09:47.920 --> 09:49.320] that training.
[09:49.320 --> 09:51.360] So I asked for it.
[09:51.360 --> 09:55.680] Well, here's the deal.
[09:55.680 --> 10:04.400] These guys have been convinced that the only folks out there who are enforcing the Transportation
[10:04.400 --> 10:11.320] Code are what they refer to as DOT officers.
[10:11.320 --> 10:17.720] And these DOT officers, they're the ones that go out there and pull these trucks over and
[10:17.720 --> 10:22.680] give them inspections and check the brakes and the wheels and everything.
[10:22.680 --> 10:30.760] And to issue these tickets, this is a big scam in Texas, over letting municipalities
[10:30.760 --> 10:31.760] enforce this.
[10:31.760 --> 10:41.280] I came across an article by the Texas Department of Homeland Security.
[10:41.280 --> 10:45.320] We have one of those just for Texas.
[10:45.320 --> 10:59.600] And that article was trying to, was addressing a new legislation because they were concerned
[10:59.600 --> 11:07.720] that the municipalities who were being authorized to enforce the Transportation Code were enforcing
[11:07.720 --> 11:17.440] too zealously, one way to put it, that they had complaints that by truckers that they
[11:17.440 --> 11:25.680] were being pulled over numerous times in one day and inspected repeatedly and citations
[11:25.680 --> 11:26.680] issued.
[11:26.680 --> 11:33.800] So they were trying to change the law to prevent that and they indicated that they were concerned
[11:33.800 --> 11:46.760] that the municipalities were not correctly reporting the amount of fees that they collected.
[11:46.760 --> 11:59.160] Because if a municipality participates in enforcing the Transportation Code, then the
[11:59.160 --> 12:08.360] state will reimburse them part of their cost in enforcing that code.
[12:08.360 --> 12:15.200] And when they do enforce the code, they have to pay a certain amount of the monies to the
[12:15.200 --> 12:16.200] state.
[12:16.200 --> 12:22.400] It's 60%, they keep 40%, they give to the state and this Department of Homeland Security
[12:22.400 --> 12:26.160] was concerned that they weren't reporting all this money.
[12:26.160 --> 12:33.960] Well, that kind of piqued my interest to put it mildly.
[12:33.960 --> 12:39.640] So I went back in the codes and dug a little deeper.
[12:39.640 --> 12:50.640] And what I found was most interesting, if you are authorized to enforce the Transportation
[12:50.640 --> 13:06.320] Code, then you have to have a memorandum of understanding between the municipality and
[13:06.320 --> 13:09.200] the Department of Public Safety.
[13:09.200 --> 13:12.200] A memorandum of understanding.
[13:12.200 --> 13:14.520] Well, that's interesting.
[13:14.520 --> 13:17.760] I would sure like to see one of those.
[13:17.760 --> 13:27.800] The problem is these municipalities think that the only guys who are enforcing the
[13:27.800 --> 13:39.760] Transportation Code are these DOT officers and all they do is inspect, make big trucks.
[13:39.760 --> 13:46.800] Well, that's not really the case in the law because the law doesn't make a distinction
[13:46.800 --> 13:54.440] between Transportation Code and traffic laws.
[13:54.440 --> 13:58.640] Traffic laws are all the text Transportation Code.
[13:58.640 --> 14:06.040] Somehow these guys have the idea there's a difference and upon I'm talking, I'm trying
[14:06.040 --> 14:17.680] to pull up a letter that we got from one of these requests by a law firm where we put
[14:17.680 --> 14:23.040] in one of these requests for the training of these officers.
[14:23.040 --> 14:25.480] And here's what we got back.
[14:25.480 --> 14:34.000] With respect to both requests, please be advised that there is no specific list of training
[14:34.000 --> 14:39.720] related to the enforcement of the Texas Transportation Code by city peace officers.
[14:39.720 --> 14:45.040] None of the Roman Forest peace officers are certified in commercial vehicle enforcement
[14:45.040 --> 14:49.880] and then it has in brackets DOT certification.
[14:49.880 --> 14:55.920] The Texas Administrative Code 4.13 requires special training, however, the Roman Forest
[14:55.920 --> 15:01.160] Police officers do not need to have DOT certifications, it is our understanding that you are referring
[15:01.160 --> 15:07.160] to commercial vehicles as county traffic officers.
[15:07.160 --> 15:13.440] Accordingly, the Roman Forest Police Department does not have any training records for compliance
[15:13.440 --> 15:18.880] with Texas Transportation Code sections referenced in your request as no training is required.
[15:18.880 --> 15:23.080] Therefore, there are no training documents or other documents that are in the possession
[15:23.080 --> 15:28.040] of the Roman Forest Police Department that are responsive to your request.
[15:28.040 --> 15:29.040] Yahoo!
[15:29.040 --> 15:40.040] Okay, this same person has a criminal complaint against her.
[15:40.040 --> 15:47.200] Let me read the criminal complaint and see if it makes sense to you folks.
[15:47.200 --> 15:52.840] It says, I, the undersigned AFI do solemnly swear that I have good reason to believe and
[15:52.840 --> 16:01.360] do believe that Kathleen, hereafter called defendant on about the 29th of December 2016
[16:01.360 --> 16:05.720] and before the big filing of this complaint in the territorial limits of the Roman Forest
[16:05.720 --> 16:11.080] Municipal Court in the county of Montgomery and the state of Texas did then in there with
[16:11.080 --> 16:16.360] criminal neglect to operate a motor vehicle in the city, county and state of force at
[16:16.360 --> 16:23.360] 2WIT at 1600 block of east Roman Forest Boulevard for which financial, oh, wrong one, wrong
[16:23.360 --> 16:31.560] one, the one I was looking for was which had a expired registration, I need to get the
[16:31.560 --> 16:42.840] right one, there it is, 2WIT, I think we're going to break, we'll be right back, I think
[16:42.840 --> 16:43.840] we'll be right back.
[16:43.840 --> 16:49.840] I'm a clock up so I can't see it, there it is, 12 seconds, okay, this is Randy Kelton,
[16:49.840 --> 16:53.080] we're on radio, I'm getting too excited doing too much at once and I'm old and I don't
[16:53.080 --> 16:56.760] want that desk to go out, okay, we'll be right back, I'll finish this on the other side,
[16:56.760 --> 16:59.760] you're going to find this interesting.
[16:59.760 --> 17:01.760] Dang, Cookie.
[17:01.760 --> 17:02.760] Cookie?
[17:02.760 --> 17:03.760] Me love Cookie.
[17:03.760 --> 17:06.760] Oh, hi Cookie Munchers, no, these are yucky cookies.
[17:06.760 --> 17:07.760] Cookie?
[17:07.760 --> 17:08.760] Yucky?
[17:08.760 --> 17:09.760] No, no bad cookies.
[17:09.760 --> 17:12.760] You can't even eat these cookies, these are cyber-cookies.
[17:12.760 --> 17:13.760] No cookies?
[17:13.760 --> 17:16.960] No, they are cyber-cookies and they clog up your computer.
[17:16.960 --> 17:17.960] Me have apples.
[17:17.960 --> 17:18.960] Really?
[17:18.960 --> 17:21.160] Oh, that's an actual apple.
[17:21.160 --> 17:23.160] Yummy apple.
[17:23.160 --> 17:29.840] I'm going to throw away these yucky cookies in the trash, I click control, shift, delete
[17:29.840 --> 17:32.760] and then scroll down to cookie and clear them.
[17:32.760 --> 17:34.360] Bye bye yucky cookies.
[17:34.360 --> 17:40.040] Now I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand
[17:40.040 --> 17:46.040] side, bookmark the link and I can go to Amazon through this link and order you some yummy
[17:46.040 --> 17:47.040] new cookie.
[17:47.040 --> 17:48.040] No cookies?
[17:48.040 --> 17:49.040] For me?
[17:49.040 --> 17:53.440] Consider it an early Christmas present and every time I order on Amazon, I go through
[17:53.440 --> 17:56.840] this link and I give a little present to this radio network too.
[17:56.840 --> 17:57.840] These are cookies.
[17:57.840 --> 17:58.840] These are classified.
[17:58.840 --> 18:08.160] It's the 2017 Logos Radio Network Annual Fundraiser sponsored by Central Texas GunWorks,
[18:08.160 --> 18:10.160] a brand new brand.
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[18:13.960 --> 18:16.600] Every $25 donation is a chance to win.
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[18:40.360 --> 18:41.360] That's LogosRadionetwork.com.
[18:41.360 --> 18:48.120] Also, if you purchase Randy Kelton's e-book, Legal101, you get four chances to win.
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[19:22.760 --> 19:34.120] Okay, we are back.
[19:34.120 --> 19:40.280] Randy Kelton, Debra Stephens, Ruvava Radio and I was reading this complaint and the complaint
[19:40.280 --> 19:49.240] says that he operated this vehicle in two-way Roman Forest East Boulevard and said the vehicle
[19:49.240 --> 19:54.920] had attached a license plate for a preceding period and the license plate had not been
[19:54.920 --> 20:00.520] validated by the attachment of registration signatures for the registration period in
[20:00.520 --> 20:08.640] effect contrary to Texas Transportation Code 502.407.
[20:08.640 --> 20:13.880] Now did I read that letter from that lawyer right or what?
[20:13.880 --> 20:17.600] We don't enforce the transportation code.
[20:17.600 --> 20:21.440] What the heck is this nonsense?
[20:21.440 --> 20:26.200] This is called collateral estoppel.
[20:26.200 --> 20:30.840] Doesn't matter if they enforce the transportation code or not.
[20:30.840 --> 20:39.320] This lawyer on an official response to an information request, a compulsory response,
[20:39.320 --> 20:47.600] based on a government document, a statement that asserted that this city did not enforce
[20:47.600 --> 20:48.600] the transportation code.
[20:48.600 --> 20:58.760] Now I've got a number like this and then they are prosecuting someone for enforcing
[20:58.760 --> 20:59.920] the transportation code.
[20:59.920 --> 21:01.440] You either get one way or the other.
[21:01.440 --> 21:03.720] You don't get both.
[21:03.720 --> 21:09.120] When you take a position, the definitive position, you cannot subsequently take a different
[21:09.120 --> 21:10.120] position.
[21:10.120 --> 21:14.680] Collateral, they're collateral-y estopped.
[21:14.680 --> 21:17.680] So it should be fun.
[21:17.680 --> 21:21.520] The first thing you want to do is send out one of these requests.
[21:21.520 --> 21:28.920] I have this request and I have another one that's even more fun and it is a request for
[21:28.920 --> 21:49.800] the, get it up, it's a request for the memorandum of understanding between the, I'm looking
[21:49.800 --> 21:53.120] for the motion here while I'm trying to talk and it's not in the folder I'm looking for
[21:53.120 --> 21:55.120] which is most annoying.
[21:55.120 --> 22:01.280] The memorandum of understanding between the city and the Department of Public Safety and
[22:01.280 --> 22:11.000] this is required under the Texas Administrative Code 4.14.
[22:11.000 --> 22:16.280] They absolutely don't have this because here's the problem.
[22:16.280 --> 22:27.000] If they had this, then it would be clear to them that the sheriff would have to appoint
[22:27.000 --> 22:36.880] an officer to be certified under this code and he could only appoint one.
[22:36.880 --> 22:46.160] So my question, even if the jurisdiction has the memorandum of understanding, I want to
[22:46.160 --> 22:53.640] know this particular police officer, is he the one?
[22:53.640 --> 22:59.800] Is he the one that has been appointed by the sheriff and authorized to enforce transportation
[22:59.800 --> 23:00.800] code?
[23:00.800 --> 23:06.360] Somehow I suspect he is not going to be the one.
[23:06.360 --> 23:16.360] So I have a number of these, I have three of these requests that we make that the jurisdictions
[23:16.360 --> 23:20.160] simply cannot answer.
[23:20.160 --> 23:27.440] They pretend to be enforcing the transportation code and if you try to tell them otherwise,
[23:27.440 --> 23:35.640] they're going to say, we've been doing this for 20 years since I've been in law enforcement
[23:35.640 --> 23:42.800] but now you're telling me that it's all illegal and I'm saying, I'm not telling you.
[23:42.800 --> 23:46.160] I'm just asking you to comply with code.
[23:46.160 --> 23:53.040] You're saying you're enforcing something else, not the Texas Transportation Code because
[23:53.040 --> 23:56.080] this says in order to enforce it you have to meet these requirements.
[23:56.080 --> 23:58.480] What the heck is it that you are enforcing?
[23:58.480 --> 24:06.880] I'm looking at these complaints and they cite violation of the Texas Transportation Code
[24:06.880 --> 24:12.600] and if they claim that they're enforcing municipal ordinances, then we're going to drag Eddie
[24:12.600 --> 24:19.440] Craig in front of them and we're going to talk about municipal ordinances.
[24:19.440 --> 24:27.080] But right now I have yet to come across a city where a municipality that has codified
[24:27.080 --> 24:31.120] the transportation code into municipal ordinance.
[24:31.120 --> 24:38.800] I don't even know if they almost certainly couldn't enforce it even if they did.
[24:38.800 --> 24:45.360] But all of them purport to enforce the transportation code while the city says they don't enforce
[24:45.360 --> 24:46.360] the transportation code.
[24:46.360 --> 24:50.800] See the problem this brings for municipalities.
[24:50.800 --> 25:00.040] So what happens if we put up a site and notice everybody who gets a ticket to come to this
[25:00.040 --> 25:06.760] site and for way less than they pay a lawyer, download a whole bunch of these documents
[25:06.760 --> 25:08.760] and file them with the court.
[25:08.760 --> 25:15.280] Not just these information requests, but I've got a Brady motion that will choke a horse.
[25:15.280 --> 25:21.040] A motion in lemony, it goes through all the questions they can't ask.
[25:21.040 --> 25:29.080] I've got a challenge to subject matter jurisdiction that comes directly on the heels of these
[25:29.080 --> 25:33.840] three information requests.
[25:33.840 --> 25:38.640] You send the information request out as soon as you get the ticket and it generally takes
[25:38.640 --> 25:45.720] them at least a month to get you to court and the jurisdiction has 15 days to respond
[25:45.720 --> 25:49.760] to the information request.
[25:49.760 --> 25:56.640] So you're going to have your answer two weeks before trial.
[25:56.640 --> 26:01.760] So now you'll have an answer similar to the one that I have or you'll have no answer at
[26:01.760 --> 26:10.360] all in which case we file a special Brady motion which specifically asks for this information.
[26:10.360 --> 26:18.600] Because sometimes the municipal courts will say you don't have a right to discovery in
[26:18.600 --> 26:19.600] a classy misdemeanor.
[26:19.600 --> 26:29.560] So we say okay, we file the information request, we file a discovery Brady motion for discovery.
[26:29.560 --> 26:39.160] So if it's available under discovery, then you don't have access to the Open Government
[26:39.160 --> 26:41.120] Act.
[26:41.120 --> 26:45.960] If it's not available under discovery, you do have access to the Open Government Act
[26:45.960 --> 26:52.880] and if I made the request under both, then we get one way or another or we get a due
[26:52.880 --> 26:56.880] process violation.
[26:56.880 --> 27:03.080] At the end of the day, it's all about the money.
[27:03.080 --> 27:06.880] We keep saying you'll never win your case simply because you have the law and the facts
[27:06.880 --> 27:13.200] on your side and in traffic court that is most especially true because it's not about
[27:13.200 --> 27:18.560] the rule of law or the right of things, it's about the money.
[27:18.560 --> 27:24.160] These guys cannot legally enforce this code at all.
[27:24.160 --> 27:27.640] So do we think they care about the underlying law?
[27:27.640 --> 27:30.360] They care about making money.
[27:30.360 --> 27:42.760] So we put on them enough documentation that it will cost them more dealing with our documentation
[27:42.760 --> 27:44.760] than they'll make from the ticket.
[27:44.760 --> 27:50.520] A challenged subject matter jurisdiction owner would have not yet had a lawyer answer it.
[27:50.520 --> 27:56.000] I just talked to my city manager, we've got one before the city I live in here and the
[27:56.000 --> 28:05.800] lawyer got a second extension to get time to answer it and my city manager told me,
[28:05.800 --> 28:11.640] oh, oh, this lawyer, he's really been ill lately.
[28:11.640 --> 28:14.200] I said, man, don't tell me that.
[28:14.200 --> 28:17.400] I was fixing to land on him like a ton of bricks.
[28:17.400 --> 28:20.480] Hold on, he's really been ill.
[28:20.480 --> 28:23.920] Man, you're ruining all my fun.
[28:23.920 --> 28:24.920] But they can't answer it.
[28:24.920 --> 28:30.240] We've yet to have it answered all the courts will just deny it out of hand.
[28:30.240 --> 28:36.240] And when they deny it out of hand, you go back to the website, click Emotion Denied,
[28:36.240 --> 28:44.400] then it will download you a judicial conduct complaint, a bar grievance against the prosecutor,
[28:44.400 --> 28:50.560] criminal charges against both, a tort letter against the prosecutor and the judge.
[28:50.560 --> 28:55.080] See how that works out for you, Bubba?
[28:55.080 --> 29:04.520] If we can get a few people in every jurisdiction taking these guys on this way, and we just
[29:04.520 --> 29:12.680] get 10% of the people who get tickets to drop all this documentation on them, bar grievance,
[29:12.680 --> 29:19.440] judicial conduct complaint, we'll shut down traffic enforcement in Texas, at least by
[29:19.440 --> 29:21.960] mid municipalities.
[29:21.960 --> 29:24.040] They just won't be able to do it.
[29:24.040 --> 29:27.960] Well, that's my story, and I'm sticking to it.
[29:27.960 --> 29:34.400] I'm hoping to have, I've got a prototype, my programmer got me a prototype of an app
[29:34.400 --> 29:37.800] that we're going to put together where we don't quite have it up yet.
[29:37.800 --> 29:45.160] I was hoping to have something up kind of as a demo, but that hasn't happened yet.
[29:45.160 --> 29:47.320] It's always more difficult than it appears.
[29:47.320 --> 29:53.040] Okay, hang on, we'll come back, we'll go to our calls, Randy Kelton, David Stevens,
[29:53.040 --> 29:57.640] we'll be right back.
[29:57.640 --> 30:06.000] Pressure, we usually associate it with stress and negativity, but sometimes a bit of pressure
[30:06.000 --> 30:07.000] can be healing.
[30:07.000 --> 30:11.080] I'm Dr. Katherine Albrecht, and I'll be back to tell you how conditions like nausea can
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[30:45.720 --> 30:49.600] Acupressure is an ancient practice that uses finger or hand pressure to cure everything
[30:49.600 --> 30:51.720] from headaches to constipation.
[30:51.720 --> 30:55.120] The pressure is applied to points known as meridians that are believed to control the
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[30:57.360 --> 30:59.880] Acupressure offers a simple cure for nausea.
[30:59.880 --> 31:04.400] You might try the next time you get a queasy stomach or a case of motion sickness.
[31:04.400 --> 31:07.560] Simply apply moderate pressure to the point known as P6.
[31:07.560 --> 31:11.960] You'll find it on the inside of your wrist about two fingers width down from your palm.
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[31:20.480 --> 31:30.440] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:50.480 --> 32:18.680] the right to act in our own private capacity and, most importantly, the right to do process
[32:18.680 --> 32:19.680] of law.
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[33:05.560 --> 33:29.320] Okay, we are back, we're going to help Deborah Steven's Rule of Law Radio, and we're going
[33:29.320 --> 33:39.320] to Scott in Texas, hello Scott.
[33:39.320 --> 33:41.320] Howdy, howdy.
[33:41.320 --> 33:44.640] Okay, what have you been up to?
[33:44.640 --> 33:52.440] Oh my goodness, well I'm up to about 30 T-clothes on top now, around here.
[33:52.440 --> 33:58.480] I've bar-greaved ever VA to the Stone Age and judicial conduct ever judge, I can get
[33:58.480 --> 34:05.960] my hand to hold up, and have you seen my Brady Foyer request yet?
[34:05.960 --> 34:11.240] It's the three questions, I don't know if you've seen it yet, but I've seen one of
[34:11.240 --> 34:16.920] your Brady requests, it was eight questions.
[34:16.920 --> 34:19.920] It was, how many questions?
[34:19.920 --> 34:20.920] Eight.
[34:20.920 --> 34:27.160] Oh no, this is a different one then, this one just has three questions and the third
[34:27.160 --> 34:33.360] question is the one that just buries them, and they all are non-responsive.
[34:33.360 --> 34:43.920] So I sent it out to like 30 or 40 different counties around Texas, and they all came
[34:43.920 --> 34:49.120] back where they're all non-responsive, and then there's a bunch of cities around here
[34:49.120 --> 34:56.880] that I did some FOIAs on, basically I totaled up about 62 different cities and counties
[34:56.880 --> 35:04.640] that are totally non-responsive, and so I've sent a criminal complaint to Ken Paxton,
[35:04.640 --> 35:12.280] the attorney general, and charged him for criminally for keeping these people, they're
[35:12.280 --> 35:17.840] not compliant with the Brady policy, so he got all that probably today or tomorrow, he'll
[35:17.840 --> 35:23.520] be opening up his mail and having criminal complaints on him.
[35:23.520 --> 35:31.520] And then there was, oh, and I sent you the, I sent a FOIA request to the DPS, Texas Department
[35:31.520 --> 35:39.280] of Public Safety, on their list of all the officers that have the authority to enforce
[35:39.280 --> 35:43.960] the transportation code, which he politely wrote back and said they couldn't find anything,
[35:43.960 --> 35:47.600] they have no records, so you have a copy of that one, I don't know if you've seen it
[35:47.600 --> 35:48.600] yet.
[35:48.600 --> 35:50.600] We have seen that.
[35:50.600 --> 35:57.680] Okay, but what I was wanting to talk about, this is kind of interesting, about a month
[35:57.680 --> 36:04.600] ago, I have about like five different federal lawsuits going right now on some cops and
[36:04.600 --> 36:11.360] judges, three cops and two judges, county judges, to be exact, and about a month ago,
[36:11.360 --> 36:21.200] the district judge for the Dallas County, Dallas County judge, he dismissed it, and
[36:21.200 --> 36:26.600] so I appealed it, and this was about a month ago, and then just like a week or so ago,
[36:26.600 --> 36:32.400] it was about a week ago, the appeals court wanted to go ahead and proceed, and they want
[36:32.400 --> 36:37.600] me to write a brief, okay, great, got 40 days to do that, blah, blah.
[36:37.600 --> 36:46.760] Now, after that, the other district, or the other county judge that I filed suit over
[36:46.760 --> 36:54.240] in Rockwall, the district judge decided he was going to dismiss that case too, okay,
[36:54.240 --> 37:03.000] so I've already have a good template on doing my appeal, so I went ahead yesterday and went
[37:03.000 --> 37:08.480] to the federal courthouse, and went in there and was going to file my appeal.
[37:08.480 --> 37:17.080] I had so much fun in there, let me just tell you, the court clerks at the federal level
[37:17.080 --> 37:24.640] are so nice and so helpful, it's just too much fun to even go in there, because I just
[37:24.640 --> 37:30.360] joke around with these people, they laugh, they smile, they're courteous, they're helpful,
[37:30.360 --> 37:34.920] and they help me with everything, and I was having a pretty good time with that, and so
[37:34.920 --> 37:43.880] I turned in my appeal on the Rockwall County judge, well, check this out, when I got home
[37:43.880 --> 37:55.120] yesterday afternoon, I had a letter from the district court, apparently on May 1st, they
[37:55.120 --> 38:01.800] decided, the district judge that dismissed it decided he was going to go ahead and reverse
[38:01.800 --> 38:09.880] his decision and reprimanded it back down to the magistrate to reevaluate, you ever
[38:09.880 --> 38:12.720] heard of anything like that?
[38:12.720 --> 38:19.040] That's very unusual, somebody talk to him.
[38:19.040 --> 38:25.520] That's what I was supposed to say, here's my thought process on this, since I appealed
[38:25.520 --> 38:32.400] up to the Fifth Circuit in New Orleans on the Dallas County judge, they're staring at
[38:32.400 --> 38:39.440] this thing, and it's pretty strong, I mean, it's downright strong, so when the district
[38:39.440 --> 38:45.720] judge decided he was going to dismiss it, I think somebody from the Fifth Circuit called
[38:45.720 --> 38:52.080] him up, called this guy up and said, look, you boys have a very serious problem here,
[38:52.080 --> 38:57.720] and y'all ain't kicking this stuff up to us, y'all need to sit down and figure it out,
[38:57.720 --> 39:03.920] and that's when the judge reversed his decision and kicked it back down to the magistrate
[39:03.920 --> 39:15.560] judge, and now, that's unusual for a federal judge to esponte reverse his own ruling.
[39:15.560 --> 39:18.680] How do you like that?
[39:18.680 --> 39:26.720] I like that, that's going to get everybody's attention.
[39:26.720 --> 39:35.080] Now you know that you have, which one did they reverse the decision on?
[39:35.080 --> 39:37.680] The Rockwell County judge, sweet.
[39:37.680 --> 39:43.280] Good, I bet he don't feel so sweet today.
[39:43.280 --> 39:50.400] Oh, and I did a video, and I posted it on my YouTube channel where I'm sitting in front
[39:50.400 --> 39:56.080] of the federal courthouse in downtown Dallas, started a video with that building in the
[39:56.080 --> 40:03.600] background, and I read my whole eight-page complaint, I got a whole lawsuit wrapped
[40:03.600 --> 40:11.520] up in eight pages, and it's on Snappoo Radio on YouTube, SNAFURADIO, y'all can go check
[40:11.520 --> 40:20.080] it out and listen, I read the whole complaint out, and it points out the vicarious liability
[40:20.080 --> 40:26.000] of the county judge, the strict and vicarious liability of the district attorney, and the
[40:26.000 --> 40:28.560] strict liability of the cops.
[40:28.560 --> 40:33.480] So it points out where their liability is, who's responsible, who's doing what, and
[40:33.480 --> 40:34.480] why.
[40:34.480 --> 40:36.560] Oh, this is going to be good.
[40:36.560 --> 40:42.680] You're going after their liability, if the courts rule that they are not, that they don't
[40:42.680 --> 40:53.040] have derivative or what, they could qualify immunity, they got a problem, especially the
[40:53.040 --> 40:54.040] prosecutor.
[40:54.040 --> 41:00.000] Oh, this is wonderful, you're suing the prosecutor, and you reach right in his pocket, or at least
[41:00.000 --> 41:03.200] his errors and emissions policy.
[41:03.200 --> 41:09.120] That's where I was going, because I'm in the insurance business, I just deal with Medicare,
[41:09.120 --> 41:14.520] but I knew about the vicarious and strict liability, and so I stripped them of all their
[41:14.520 --> 41:20.240] qualified immunity and pointed it right at them and said, here's what you're doing, and
[41:20.240 --> 41:29.520] the Fifth Circuit must have read this and said, oh my, this guy peeps it all together.
[41:29.520 --> 41:31.480] So there's a good chance we could get a route.
[41:31.480 --> 41:38.480] I assure you that every judge and every prosecutor in the state of Texas knew about this ruling
[41:38.480 --> 41:46.360] within 30 minutes, especially since it goes through the prosecutor's liability.
[41:46.360 --> 41:50.120] This could get interesting.
[41:50.120 --> 41:57.280] Everybody else who's dealing with these courts, you pay attention, you may notice how these
[41:57.280 --> 42:04.880] prosecutors and judges start changing their way of doing things, because they certainly
[42:04.880 --> 42:08.120] do have a way of adjusting.
[42:08.120 --> 42:13.400] They're never going to come to you, Scott, and say, oh, wow, Scott, you really kicked
[42:13.400 --> 42:19.520] our behinds, and because you kicked our behinds, we changed this, we changed that, you changed
[42:19.520 --> 42:23.320] the other, they're never going to tell you that.
[42:23.320 --> 42:35.280] Oh, I was just thinking of Johnson County, Johnson County changed what they do because
[42:35.280 --> 42:37.560] I went after them, and they never told me.
[42:37.560 --> 42:42.360] I didn't find out until four years later that they'd actually changed it, and that reminded
[42:42.360 --> 42:49.800] me the grand jury's going to meet tomorrow in Johnson County, or they met today and
[42:49.800 --> 42:51.000] I missed it.
[42:51.000 --> 42:57.520] So I guess I'll call them tomorrow and see if I got an indictment, but I was going to
[42:57.520 --> 43:05.760] go down there and I forgot it was today, but I filed against the district attorney in Johnson
[43:05.760 --> 43:13.400] County, and the grand jury no-building, and that seemed to be the end of it.
[43:13.400 --> 43:20.920] Four years later, Larry Wies went down there and filed some documents in a foreclosure case,
[43:20.920 --> 43:21.920] and the clerk wouldn't take them.
[43:21.920 --> 43:25.560] So he asked me what to do, and I told him to call the Sheriff's Department.
[43:25.560 --> 43:29.560] When he went to the Sheriff's Department, they got a lieutenant who called the clerk,
[43:29.560 --> 43:35.520] set an appointment with him in 30 minutes, and told Larry, somebody be calling you,
[43:35.520 --> 43:39.360] he's got to call 8.30 the next morning by the clerk, will you please come down and
[43:39.360 --> 43:44.240] refile those, our clerk made a mistake.
[43:44.240 --> 43:46.840] Prosecutor got that stuff fixed.
[43:46.840 --> 43:54.040] Coming on, Randy Kelton, Deborah Stevens, Rue de Valle Radio, I call it number 512-646-1984.
[43:54.040 --> 43:57.040] We'll be right back.
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[44:50.880 --> 45:14.960] Are you the plaintiff or defendant in a lawsuit, win your case without an attorney with Jurisdictionary,
[45:14.960 --> 45:30.240] or are you the plaintiff or defendant in a lawsuit, or are you the defendant in a lawsuit,
[45:30.240 --> 45:45.720] win your case without an attorney with Jurisdictionary, or are you the defendant in a lawsuit, win
[45:45.720 --> 45:56.720] your case without an attorney with Jurisdictionary, or are you the defendant in a lawsuit, win
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[46:06.720 --> 46:17.720] your case without an attorney with Jurisdictionary, or are you the defendant in a lawsuit, win
[46:17.720 --> 46:29.720] your case without an attorney with Jurisdictionary, or are you the defendant in a lawsuit, win
[46:29.720 --> 46:42.160] your case without an attorney with Jurisdictionary, or are you the defendant in a lawsuit, win
[46:42.160 --> 46:44.400] your case without an attorney with Jurisdictionary, or are you the defendant in a lawsuit, win
[46:44.400 --> 46:48.720] and we're talking to Scott in Texas Scott do we have any more for you
[46:50.080 --> 46:56.800] no i'm i'm i'm pretty short today so i'm done good good keep up the good work
[46:58.080 --> 47:05.200] okay okay now we're okay now we're going to Olivier in Tennessee hello Olivier
[47:05.200 --> 47:16.080] hello can you hear me yeah i can hear you how you doing doing good what do you have for us today
[47:18.080 --> 47:24.880] i have pastry the last we left off we left off on the mandamus and uh wait wait wait wait
[47:24.880 --> 47:29.840] we're not having a private conversation we got a whole bunch of listeners don't know where we left
[47:29.840 --> 47:38.640] off kind of bring us up to speed okay i filed a mandamus for the court to on certain rights
[47:38.640 --> 47:50.080] that um were being negated by the jails the officers and the judges and um apparently i filed
[47:50.080 --> 47:54.800] a mandamus in the criminal court which is a wrong actually coming to find out that the
[47:54.800 --> 48:02.160] mandamus is actually a suit it's an action but you're not asking for any compensation
[48:02.160 --> 48:09.600] you're asking for a government to entity or someone that is represented by the government
[48:09.600 --> 48:17.920] to do something that is required by law and you have no other remedy but the mandamus
[48:17.920 --> 48:27.760] and for those who don't know a mandamus you're asking a higher court to issue a mandate to a
[48:27.760 --> 48:32.240] lower court ordering the lower court to do something the law requires them to do
[48:35.600 --> 48:47.520] go ahead so when uh the judge uh dismissed my mandamus but uh during during the meeting
[48:47.520 --> 48:54.240] she asked the da if he read it and the da was like you know he was like i'm not in and she like
[48:54.240 --> 49:01.040] looked at it with a smart look like are you serious like uh he was like well it's not even
[49:01.040 --> 49:06.160] the proper format so the court doesn't even have to address it she said no i'm going to address this
[49:06.160 --> 49:11.680] i'm going to address it right now and then like all the d because it was like four or five days
[49:11.680 --> 49:17.440] sitting there and all the da is like what so she started addressing the issue she was like
[49:17.440 --> 49:24.560] mr levier this mandamus am i correct that you're applying it for the community i'm like yes she
[49:24.560 --> 49:31.760] right well in that case i'm going to have to dismiss it because it's not in the proper form
[49:31.760 --> 49:39.920] but the she said this is an accurate form for a 1983 suit you have to go file this in federal court
[49:39.920 --> 49:44.880] the da is looking at her like why did you say that like they're looking at her like what
[49:46.320 --> 49:49.520] and everybody in the courtroom just looking at me like what
[49:50.800 --> 49:54.560] did your judge just tell him to go file a 1983 suit for the public
[49:58.000 --> 50:06.240] and a 1983 suit is a really big deal for these guys right rico's even bigger
[50:06.240 --> 50:13.360] but here's the thing though uh the the mandamus i put in front of her it included the judges and
[50:13.360 --> 50:19.200] everything so i guess that's why she was looking at the da is like you got a shark coming up the
[50:19.200 --> 50:25.360] alley and you're playing around she's right mr levier i need you to take this document and go
[50:25.360 --> 50:30.960] file it in federal court basically that's what she told me but through some research and talking to
[50:30.960 --> 50:36.560] you after i told you about what happened i researched some more and tennessee has some
[50:37.280 --> 50:44.320] addressing laws about mandamus which you are correct it is a higher court but we can also
[50:44.320 --> 50:51.760] petition any court to make a county official do what they're supposed to do and then appeal it from
[50:51.760 --> 51:00.240] there if they if we don't get a ruling that we want so um what i did and i also found out is
[51:00.240 --> 51:07.120] if you mandamus them a mandamus is the last cause issue so technically it's a suit
[51:07.920 --> 51:14.880] so you cannot sue them twice so a man so you can't mandamus them get your ruling
[51:14.880 --> 51:21.920] then turn around and sue them so what i did is i mandamus the chief of police and the mayor
[51:23.200 --> 51:29.520] because i found their super the supervisory law which makes them accountable for what the
[51:29.520 --> 51:39.360] officers do and accountable for their training and application of their duties so i mandamus them to
[51:40.080 --> 51:47.120] instruct and teach their officers the better procedures and the right of locomotion and you
[51:47.120 --> 51:53.040] know the whole script i want to go through all through it but i mandamus them and then i put
[51:53.040 --> 52:00.640] all my cases that are currently going on there's two of them that's been disposed and there's ten
[52:00.640 --> 52:10.000] more still open and i put those cases to show the violations that occurred within that time period
[52:10.000 --> 52:18.640] and to show that this is a continuous action and i have no other resolved so um uh mandamus is a
[52:18.640 --> 52:22.160] proper avenue for this issue
[52:24.960 --> 52:27.360] now that ought to interest the judge a lot more
[52:28.960 --> 52:35.040] and and what we'd spoke to earlier initially Olivier filed a mandamus
[52:36.320 --> 52:42.320] or asking the court to order jail officials and police officers to follow law
[52:42.320 --> 52:52.640] law on the premise that they were operating not just against him but were acting improperly against
[52:52.640 --> 53:00.080] everybody and that's what the judge was going to is this is not the proper venue for a claim
[53:00.640 --> 53:06.640] for the benefit of everybody right the thing yeah the thing the thing that was missing was
[53:06.640 --> 53:16.240] an actual controversy right so we had to bring how i have personally been harmed by this
[53:17.440 --> 53:21.280] to the court now the court's got something you can work with and that's exactly what you've done
[53:22.960 --> 53:30.480] right so that's why i was kind of excited with all the and and she directed me to
[53:30.480 --> 53:38.160] a 1983 student she's like she's like this is perfect language like you got him i'm included in here
[53:38.800 --> 53:42.720] but i'm i'm tired of fighting you it was like an open court
[53:45.680 --> 53:51.040] she was like and like she was so upset at at the attitude that the da had like me
[53:51.040 --> 53:56.480] read his document like are you serious every word in here is correct
[53:56.480 --> 54:03.360] she's just like ran over him like all the deals are like turned white like oh my god what is going
[54:03.360 --> 54:09.360] on did she just say like because they know i got lawsuits in the courtroom in the federal
[54:09.360 --> 54:15.920] and in the in the state so now i was i was just instructed in the open court to go file another
[54:15.920 --> 54:22.160] one with the information that i filed in front of her there's a good chance this judge already
[54:22.160 --> 54:30.720] knew about all those other suits yeah yeah yeah she knew because uh she read right because uh
[54:30.720 --> 54:38.480] she's during my other court cases she's uh always tried to get keep in touch with me to see
[54:38.480 --> 54:43.280] when i had a court date for the the lawsuit so everybody knows about the lawsuit
[54:43.280 --> 54:52.880] because she you know it could be that you know judges and prosecutors and and lawyers they're
[54:52.880 --> 54:58.800] not all bad guys we actually got people out there that want it done right for the most part they
[54:58.800 --> 55:06.960] feel like they're not in a position to change things but she may look at you as essentially a breath
[55:06.960 --> 55:14.080] of fresh air you're coming in and running rough shot over all of these folks and she may be looking
[55:14.080 --> 55:21.440] at you as an opportunity to get some problems she perceives fixed and that's that's what i
[55:22.000 --> 55:25.280] want to talk to people about you'll never win your case simply because you have the law and the
[55:25.280 --> 55:30.320] facts on your side you win your case you have the politics on your side and it sounds like
[55:30.320 --> 55:36.240] you're generating some positive politics right through it through their own procedures that's
[55:36.240 --> 55:39.680] what it is we got to get we got to know the procedures better than that because now that
[55:39.680 --> 55:46.160] i file when i file this mandamus tomorrow if another occurrence happens while this filing
[55:46.160 --> 55:53.840] is going on they're personally they're personally liable really beyond what they're already liable
[55:53.840 --> 56:04.960] for because they've already had notice did you look up screws no you told me i read part of
[56:04.960 --> 56:16.320] it not the whole script screws v us goes to win an official acts in a way contrary to
[56:17.840 --> 56:25.520] rulings of the court that they violate due process in a moment in the most basic manner
[56:27.040 --> 56:33.840] and my favorite is one of my favorite passages in any case law it says the public official
[56:33.840 --> 56:42.560] violates the ruling of this court and he be sane he may not be heard to say he knows not what he does
[56:44.240 --> 56:54.880] essentially what screws says is not only must a public official know the law because it addresses
[56:54.880 --> 57:01.200] the fact that a citizen cannot claim ignorance of the law that depends on prosecution public official
[57:01.200 --> 57:08.080] official acting in a capacity to affect the rights of citizens is held to a much higher standard
[57:10.640 --> 57:17.440] and they're saying not only must you know the law you must know all of the cases out of this
[57:17.440 --> 57:25.120] court that affect that law you can't come into court and say you didn't know you're presumed
[57:25.120 --> 57:30.800] to know it so you get to especially now since you've already given notice if they continue
[57:30.800 --> 57:36.320] the policy you might pay close attention you might find those policies changing before they ever get
[57:36.320 --> 57:43.600] to court because the good chance those prosecutors went ahead and read your suit now that the judge
[57:43.600 --> 57:50.000] gave him fair warning and that sounds like what she was doing she's giving them fair warning saying
[57:50.000 --> 57:55.520] this is going to come back and haunt you guys and so they're very good chance they're working
[57:55.520 --> 58:02.880] they're talking to the sheriff and chiefs of police and warning them to make some adjustments
[58:02.880 --> 58:10.080] before this suit comes down on this is how we get things changed it doesn't always change like you
[58:10.080 --> 58:16.720] see on Perry Mason it generally changes in the background hang on about to go to break
[58:16.720 --> 58:25.280] brandy kelton rule of law radio are calling number 512 646 1984 and we have our fundraiser going
[58:26.160 --> 58:31.280] so this is the top of the hour it's a good time to go to logo's radio network and check out our
[58:31.280 --> 58:37.280] gun giveaway and check out some of the products we've got there to help you with your legal problems
[58:37.280 --> 58:47.920] we'll be right back
[58:49.920 --> 58:55.760] the bible remains the most popular book in the world yet countless readers are frustrated because
[58:55.760 --> 59:02.000] they struggle to understand it some new translations try to help by simplifying the text but in the
[59:02.000 --> 59:09.520] process can compromise the profound meaning of the scripture enter the recovery version first this
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[59:16.720 --> 59:23.360] footnotes difficult and profound passages are opened up in a marvelous way providing an entrance
[59:23.360 --> 59:29.120] into the riches of the word beyond which you've ever experienced before bibles from america would
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[59:35.120 --> 59:46.000] bible is yours just by calling us toll free at 1 888 551 0102 or by ordering online at free study
[59:46.000 --> 59:56.800] bible dot com that's free study bible dot com you're listening to the logo's radio network at logo's
[59:56.800 --> 01:00:05.200] radio network dot com the following these flashes brought to you by the low start of lowdowns markets
[01:00:05.200 --> 01:00:09.920] for wednesday the 26th of april 2017 are currently trading with gold at one thousand two hundred
[01:00:09.920 --> 01:00:14.400] sixty seven dollars and eighty cents an ounce silver seventeen dollars and forty five cents an ounce
[01:00:14.400 --> 01:00:19.040] texas crude forty nine dollars and fifty six cents a barrel and bitcoin is sitting over
[01:00:19.040 --> 01:00:32.320] 1300 at about a thousand three hundred and ten us currency today in history the year 1986 a nuclear
[01:00:32.320 --> 01:00:38.160] reactor accident occurs the Chernobyl nuclear power plant in the soviet union now ukraine
[01:00:38.160 --> 01:00:43.680] creating one of the world's worst nuclear disasters the Chernobyl nuclear accident today in history
[01:00:47.840 --> 01:00:52.240] in recent news two senior administration officials confirmed to cnn wednesday today
[01:00:52.240 --> 01:00:56.480] that the white house is considering withdrawing from nafta in the coming days apparently the
[01:00:56.480 --> 01:01:01.120] white house is currently piecing an executive order together declaring the us's intent to withdraw
[01:01:01.120 --> 01:01:05.600] from nafta however since nothing official has come out from the president it could be that president
[01:01:05.600 --> 01:01:10.400] trump is simply going to renegotiate nafta with canada and mexico during last year's presidential
[01:01:10.400 --> 01:01:15.680] race trump repeatedly criticized nafta calling it a one-sided deal and a disaster for the us
[01:01:15.680 --> 01:01:20.400] causing the loss of millions of us manufacturing jobs and considering that this saturday marks the
[01:01:20.400 --> 01:01:24.960] administration's 100th day in office it seems urgency has overwhelmed the administration in
[01:01:24.960 --> 01:01:30.320] order to deliver on some of the campaign promises however keep in mind that trump's trade team led
[01:01:30.320 --> 01:01:35.920] by commerce secretary wilbur ross must initiate a 90-day consultation before getting into trade
[01:01:35.920 --> 01:01:45.600] talks with canada and mexico the annual ted conference being held in vancouver this year had
[01:01:45.600 --> 01:01:50.480] an unexpected surprise speaker on the theme of emerging futurist tech and artificial intelligence
[01:01:50.480 --> 01:01:54.320] on tuesday evening pope france has made a surprise appearance on a big screen with a
[01:01:54.320 --> 01:01:59.200] pre-recorded and edited address from earlier in april the pope focused on the revolution of
[01:01:59.200 --> 01:02:04.320] tenderness as he pointed he said quote how wonderful would it be if the growth of scientific
[01:02:04.320 --> 01:02:09.360] technological innovation would come along with more equality and social inclusion how wonderful
[01:02:09.360 --> 01:02:14.400] would it be while we discovered faraway planets to rediscover the needs of the brothers and sisters
[01:02:14.400 --> 01:02:20.000] orbiting around us how wonderful would it be if solidarity this beautiful and at times inconvenient
[01:02:20.000 --> 01:02:25.200] word were not simply reduced to social work and became instead the default attitude political
[01:02:25.200 --> 01:02:29.920] economic and scientific choice as well as in the relationships among individuals peoples and
[01:02:29.920 --> 01:02:35.520] countries tenderness is not a weakness it is a fortitude it is a path of solidarity the path
[01:02:35.520 --> 01:02:40.880] of humility please allow me to say it loud and clear the more powerful you are the more your
[01:02:40.880 --> 01:02:46.640] actions will have an impact on people the more responsible you are to act humbly if you don't
[01:02:46.640 --> 01:02:58.000] your power will ruin you and you will ruin the other this was rick roadie with your loadout for
[01:03:46.880 --> 01:03:50.000] me
[01:04:01.040 --> 01:04:04.080] man
[01:04:08.080 --> 01:04:12.480] man
[01:04:12.480 --> 01:04:16.000] To chant on Babylon, no, not let us
[01:04:16.000 --> 01:04:19.680] To let Babylon, no, say, we get in great trouble
[01:04:19.680 --> 01:04:23.200] We bite the tongue, keep me searching, tell of me
[01:04:23.200 --> 01:04:26.400] Say, Jesus Christ, I will rescue you
[01:04:26.400 --> 01:04:28.800] And I'll turn down fire
[01:04:28.800 --> 01:04:34.800] Okay, we are back with the rule of our radio
[01:04:34.800 --> 01:04:39.840] And we're talking to Olivier in Tennessee
[01:04:39.840 --> 01:04:43.040] Okay, go ahead Olivier
[01:04:43.040 --> 01:04:47.920] All right, um, what I also what I learned about
[01:04:47.920 --> 01:04:53.200] our mandamus is the the Chancery Court
[01:04:53.200 --> 01:04:54.640] Can you tell me anything about that?
[01:04:54.640 --> 01:04:57.440] Because I'm going to follow it in Chancery Court
[01:04:57.440 --> 01:04:59.280] Because I already know I'm not gonna
[01:05:00.400 --> 01:05:02.960] I've mucked up the waters in the in the
[01:05:02.960 --> 01:05:05.680] Civil Court, Chancery Court
[01:05:05.680 --> 01:05:07.520] I haven't been there, I haven't been there, I haven't been
[01:05:07.520 --> 01:05:11.360] Applied there and it's still going to get
[01:05:11.360 --> 01:05:14.800] Moved to appeal to the same appeals court
[01:05:14.800 --> 01:05:16.880] Because I've verified that already
[01:05:16.880 --> 01:05:18.640] What can you tell me about that?
[01:05:18.640 --> 01:05:21.680] Okay, I am not familiar with the differences
[01:05:21.680 --> 01:05:23.200] In the courts in Tennessee
[01:05:23.200 --> 01:05:26.000] We don't have Chancery Courts here in Texas
[01:05:26.880 --> 01:05:28.720] A lot of the eastern states have them
[01:05:28.720 --> 01:05:31.040] I'm not familiar with exactly what a
[01:05:31.040 --> 01:05:32.240] Chancery Court handles
[01:05:33.760 --> 01:05:35.920] Business, it's like a business court
[01:05:35.920 --> 01:05:37.920] Divorces
[01:05:39.680 --> 01:05:41.840] Anything a contract related
[01:05:41.840 --> 01:05:45.280] That's why I'm able to take the officials
[01:05:45.280 --> 01:05:48.480] Public officials and Chancery Court
[01:05:48.480 --> 01:05:51.120] Because it deals with a contract that they
[01:05:51.120 --> 01:05:54.800] That they are uphold to
[01:05:56.240 --> 01:05:58.400] Okay, is this a okay, this is a state court
[01:06:00.240 --> 01:06:02.400] Not being in Tennessee
[01:06:02.400 --> 01:06:03.760] I'm not familiar with
[01:06:03.760 --> 01:06:07.840] The nature of those courts, how they function
[01:06:07.840 --> 01:06:11.040] And I don't have a feel for them
[01:06:11.040 --> 01:06:13.760] I have a feel for the family courts
[01:06:13.760 --> 01:06:16.080] Here in Texas and the district and the county
[01:06:16.080 --> 01:06:18.320] But I wouldn't be able to give you the
[01:06:18.320 --> 01:06:20.160] Good information because I have no clue
[01:06:21.520 --> 01:06:24.080] So if it has the same rules as the
[01:06:24.080 --> 01:06:25.680] Civil Circuit Court
[01:06:25.680 --> 01:06:27.280] It's basically the same court
[01:06:27.920 --> 01:06:29.520] Or the same function?
[01:06:30.320 --> 01:06:31.280] I would think so
[01:06:31.280 --> 01:06:32.480] They have the
[01:06:32.480 --> 01:06:35.200] Okay, they have, I tracked everything down
[01:06:35.200 --> 01:06:36.640] And they have the same court rule
[01:06:37.280 --> 01:06:40.800] Now, once I get my ruling because what I did
[01:06:40.800 --> 01:06:41.680] To throw them off
[01:06:42.800 --> 01:06:44.880] On the cases that I cited
[01:06:44.880 --> 01:06:46.480] I cited a whole bunch of
[01:06:48.000 --> 01:06:50.560] Federal, I mean, United States Supreme Court
[01:06:50.560 --> 01:06:52.240] Cases from other states
[01:06:52.240 --> 01:06:53.520] For the first three pages
[01:06:54.080 --> 01:06:56.160] Then the last three pages
[01:06:57.280 --> 01:06:59.040] Last three, four pages
[01:06:59.040 --> 01:07:03.760] I cited all Tennessee law
[01:07:03.760 --> 01:07:04.720] Nice move
[01:07:04.720 --> 01:07:05.040] Shut up
[01:07:08.240 --> 01:07:10.480] Which relates to locomotion
[01:07:10.480 --> 01:07:13.600] And restraint of liberty, seizure
[01:07:14.720 --> 01:07:16.880] The rights of officers to arrest
[01:07:17.520 --> 01:07:19.280] When a arrest occurs
[01:07:20.080 --> 01:07:22.160] Instead of saying that arrest is not
[01:07:22.960 --> 01:07:25.360] You doesn't have to be physical
[01:07:25.360 --> 01:07:27.120] It could be verbal, gesture
[01:07:27.120 --> 01:07:28.720] Or gun holster
[01:07:30.400 --> 01:07:31.200] All these things
[01:07:35.680 --> 01:07:37.520] So I know I'm going to get a ruling in my favor
[01:07:37.520 --> 01:07:38.240] Eventually
[01:07:38.240 --> 01:07:40.160] Once I get this ruling in my favor
[01:07:41.040 --> 01:07:41.680] Can I
[01:07:43.520 --> 01:07:45.520] I know they're not going to mess with me anymore
[01:07:45.520 --> 01:07:48.720] But let's say if I see them
[01:07:49.280 --> 01:07:51.040] Stopping other people on the road
[01:07:51.040 --> 01:07:52.960] That are not in commerce
[01:07:52.960 --> 01:07:56.720] Can I use that to punish them?
[01:07:57.600 --> 01:07:59.200] If you have knowledge
[01:08:00.320 --> 01:08:03.600] That a public official has violated a law
[01:08:03.600 --> 01:08:05.040] Relating to his office
[01:08:06.240 --> 01:08:08.240] And thereby committed a crime
[01:08:09.200 --> 01:08:11.120] You have a duty to give notice
[01:08:14.160 --> 01:08:15.680] So that means I could jump on my car
[01:08:15.680 --> 01:08:16.640] And videotape them
[01:08:17.280 --> 01:08:20.000] And then go go go out there with my man
[01:08:20.000 --> 01:08:22.000] Damn it, he's like here I got an order
[01:08:22.000 --> 01:08:24.400] That they were supposed to train their officers
[01:08:24.400 --> 01:08:27.200] On the correct procedures of transportation
[01:08:27.200 --> 01:08:29.360] And our right to locomotion
[01:08:29.360 --> 01:08:31.600] And we have right here officers on videotape
[01:08:32.240 --> 01:08:34.240] Seize them people in their right of locomotion
[01:08:35.440 --> 01:08:38.160] Yeah, once you have the mandamus ruling
[01:08:38.160 --> 01:08:40.240] Almost certainly you could do that
[01:08:42.880 --> 01:08:43.680] Okay
[01:08:43.680 --> 01:08:46.320] But that might get you beaten into one consciousness
[01:08:46.320 --> 01:08:48.480] And stuffed under the jail if you're not careful
[01:08:48.480 --> 01:08:53.920] Well, the way that I've been
[01:08:53.920 --> 01:08:55.360] I got like 10, 12 cases
[01:08:55.360 --> 01:08:59.120] So the way that I've been dealing with them lately
[01:08:59.120 --> 01:09:01.920] They already know that it's not going to be an easy
[01:09:03.120 --> 01:09:06.640] Belt so deal so they rather go by procedures
[01:09:07.440 --> 01:09:09.600] Yeah, for that it's always good
[01:09:09.600 --> 01:09:10.560] If you can keep them in the court
[01:09:10.560 --> 01:09:11.760] But if you see them
[01:09:13.520 --> 01:09:15.920] Harassing someone else if you're anywhere you can
[01:09:15.920 --> 01:09:19.520] Get the person they're harassing and bring them on board
[01:09:22.400 --> 01:09:23.840] That'll be more powerful
[01:09:23.840 --> 01:09:25.920] And give give them the pleading
[01:09:25.920 --> 01:09:29.120] So they can go in and raise the same issues
[01:09:29.120 --> 01:09:32.800] You're raising and it keeps you from being a focal point
[01:09:34.640 --> 01:09:36.320] And it gives them a whole lot more grief
[01:09:36.320 --> 01:09:39.760] When they got more than one person like you to deal with
[01:09:40.480 --> 01:09:42.320] This might have been saying to people for a long time
[01:09:42.320 --> 01:09:44.400] We don't want a two like you in a county
[01:09:44.400 --> 01:09:47.600] You're going to they're going to make the county nuts
[01:09:49.760 --> 01:09:52.880] And we will have some a powerful effect
[01:09:53.760 --> 01:09:56.000] On the county if we can get it across Tennessee
[01:09:56.720 --> 01:09:58.480] You change everything in Tennessee
[01:10:00.800 --> 01:10:01.120] Right
[01:10:04.240 --> 01:10:08.480] So absolutely once it's there then it becomes the rescue to Carter
[01:10:08.480 --> 01:10:13.200] For everyone because I mean
[01:10:14.480 --> 01:10:17.680] They're they're the authorities to train them
[01:10:17.680 --> 01:10:21.200] And that's what my mandamus specifically
[01:10:22.800 --> 01:10:24.560] Addressed that they're training
[01:10:25.360 --> 01:10:26.720] Which caused the violation
[01:10:26.720 --> 01:10:28.480] So that means once this is done
[01:10:29.120 --> 01:10:31.200] All officers should be trained
[01:10:32.640 --> 01:10:34.320] And I'm thinking okay
[01:10:35.360 --> 01:10:37.200] I go into a jurisdiction
[01:10:37.200 --> 01:10:42.960] And I am harmed by a set of improper practices and procedures
[01:10:43.600 --> 01:10:46.800] So I take legal action to correct those procedures
[01:10:48.000 --> 01:10:51.120] And then I come back and I see that same harm
[01:10:52.160 --> 01:10:54.160] Being visited on someone else
[01:10:55.280 --> 01:10:58.640] And since I have already been subjected to that harm
[01:10:59.520 --> 01:11:02.880] Now I have reasonable probable cause to believe
[01:11:02.880 --> 01:11:06.960] That my liberty is still in jeopardy
[01:11:09.200 --> 01:11:13.120] Would that give me standing to come back and raise the issue
[01:11:16.880 --> 01:11:18.560] Interesting question to look up
[01:11:19.760 --> 01:11:22.640] If I've never been harmed by the behavior
[01:11:22.640 --> 01:11:24.560] I can see where I wouldn't have standing
[01:11:26.080 --> 01:11:28.640] But if I have been harmed by the behavior
[01:11:28.640 --> 01:11:33.440] And then I observed the behavior being perpetrated on somebody else
[01:11:33.440 --> 01:11:36.640] That's going to cause severe emotional distress on my part
[01:11:38.320 --> 01:11:42.640] Right, but and I'm trying to figure out
[01:11:42.640 --> 01:11:45.040] How you can get standing to raise it
[01:11:45.040 --> 01:11:48.320] Directly raise an issue about what the police are doing to somebody else
[01:11:49.760 --> 01:11:52.960] I mean it's an order
[01:11:52.960 --> 01:11:56.480] And so it's an order that was given down to the court
[01:11:56.480 --> 01:11:59.440] So it doesn't, it shouldn't matter who
[01:11:59.440 --> 01:12:00.880] It's an order of training
[01:12:01.600 --> 01:12:03.760] So it doesn't matter who it's against
[01:12:04.800 --> 01:12:06.080] You would order to train
[01:12:06.640 --> 01:12:10.720] Obviously you did not train because Olivier got you on video
[01:12:10.720 --> 01:12:13.600] Got your officers on video tape doing the same thing again
[01:12:14.800 --> 01:12:18.160] The problem is you keep running into this same issue
[01:12:18.160 --> 01:12:19.760] That they're going to want to throw at you
[01:12:20.480 --> 01:12:22.880] And that of not having a
[01:12:22.880 --> 01:12:26.640] A true controversy to bring to the court
[01:12:31.840 --> 01:12:34.080] They're going to say yeah they're doing it to somebody else
[01:12:34.080 --> 01:12:36.000] But whoever they're doing it to
[01:12:36.000 --> 01:12:38.320] Needs to come down here and bring it to the court
[01:12:38.320 --> 01:12:39.440] You don't have standing
[01:12:41.920 --> 01:12:43.440] Okay I understand that
[01:12:43.440 --> 01:12:46.240] But doesn't the Constitution
[01:12:46.240 --> 01:12:48.640] Provide us to protect each other's rights?
[01:12:48.640 --> 01:12:54.880] Well the one thing you would have is criminal complaints
[01:12:56.240 --> 01:12:58.080] You don't have to have standing for criminal
[01:13:01.280 --> 01:13:03.200] They have a direct order to do something
[01:13:03.200 --> 01:13:04.560] And they're doing something different
[01:13:04.560 --> 01:13:05.680] That's a visual oppression
[01:13:06.960 --> 01:13:08.080] Okay I see what you're saying
[01:13:08.080 --> 01:13:13.680] So my mandamus would open the criminal avenue clear or wide open
[01:13:13.680 --> 01:13:17.120] Because I have all these rules and rulings and orders from the court
[01:13:17.120 --> 01:13:21.360] So now when I have evidence that these things are not being upheld
[01:13:21.360 --> 01:13:27.120] I can come back and file criminally against the mayor and the chief of police
[01:13:27.840 --> 01:13:28.080] Yes
[01:13:29.760 --> 01:13:30.960] All right that's good enough
[01:13:31.840 --> 01:13:32.720] That's a bit novel
[01:13:33.600 --> 01:13:36.080] I'm thinking you know just thinking about it
[01:13:37.360 --> 01:13:39.040] You ought to have a shot at the mayor
[01:13:40.640 --> 01:13:44.080] You ought to have a shot at these guys who are perpetrating the behavior
[01:13:44.080 --> 01:13:47.120] Even without direct standing
[01:13:48.720 --> 01:13:56.160] Anything that sounds like it should be in law as a matter of equity
[01:13:57.200 --> 01:13:58.160] Almost certainly is
[01:13:58.160 --> 01:13:59.920] We just got to figure out how it's there
[01:14:01.120 --> 01:14:06.000] One way to do this is private attorney general suit
[01:14:07.040 --> 01:14:08.320] Private attorney general suit
[01:14:08.320 --> 01:14:10.400] You have to have standing in your own capacity
[01:14:10.400 --> 01:14:15.200] But you can expand that capacity to everybody else
[01:14:16.800 --> 01:14:18.320] And as a matter of fact
[01:14:20.080 --> 01:14:22.320] In the suits that you're filing
[01:14:23.360 --> 01:14:27.200] You're trying to get a mandamus to cover everybody else
[01:14:27.200 --> 01:14:28.480] And they don't want to give you that
[01:14:30.160 --> 01:14:33.040] But if you do the 1983 suit
[01:14:33.040 --> 01:14:40.400] You can do the 1983 in the form of a private attorney general suit
[01:14:40.960 --> 01:14:47.440] Sue for the harm caused to you and all others similarly situated
[01:14:50.320 --> 01:14:52.480] You're being arrested because you're poor
[01:14:54.080 --> 01:14:57.440] And you're a criminal because you're poor
[01:14:58.080 --> 01:15:00.160] But because you're poor you can't afford a lawyer
[01:15:00.160 --> 01:15:06.960] So they can perpetrate these improprieties on the poor because they can't fight back
[01:15:08.240 --> 01:15:10.480] So when somebody sticks their head up
[01:15:12.080 --> 01:15:16.000] And goes to the trouble and effort and cost of actually doing the suit
[01:15:16.000 --> 01:15:19.440] The courts are saying you can sue in your own behalf
[01:15:19.440 --> 01:15:21.840] In the behalf of all those other similarly situated
[01:15:21.840 --> 01:15:23.200] So that would bring them in
[01:15:23.200 --> 01:15:30.480] And then what you win you win the harm for everybody
[01:15:30.480 --> 01:15:30.960] Okay
[01:15:32.000 --> 01:15:36.960] And this kind of thing was like for tickets or for you know minor little issues
[01:15:36.960 --> 01:15:40.880] But falsely arresting people who can't fight back
[01:15:40.880 --> 01:15:43.440] This would go exactly to a private attorney general suit
[01:15:43.440 --> 01:15:48.400] So that may give you a shot at going after everybody else's benefit
[01:15:48.400 --> 01:15:51.440] Okay all right
[01:15:52.080 --> 01:15:57.520] Taking that same concept that you just applied and talked about to the private attorney to that case
[01:15:59.760 --> 01:16:06.080] The Tennessee created Tennessee created a license and then suspended it
[01:16:06.080 --> 01:16:07.360] Underneath some type of
[01:16:10.560 --> 01:16:14.400] Some type of amendment they added to their thing which is which is
[01:16:14.400 --> 01:16:21.040] On which is illegal but they that's how that's part of the reasons that their system is messed up
[01:16:21.040 --> 01:16:26.160] Every time they stopped me they weren't arresting because they said it says that I have a revoked
[01:16:26.160 --> 01:16:31.360] Or suspended license and I never contracted with Tennessee to receive a license
[01:16:31.360 --> 01:16:37.680] So what Tennessee is doing they create licenses to suspend them and have the police officers arrest you
[01:16:38.480 --> 01:16:41.120] That sounds like a pretty good scam hang on
[01:16:41.120 --> 01:16:45.680] I'm about to go to break Randy Kelk and Debra Stevens rule of our radio
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[01:19:24.640 --> 01:19:41.760] Okay, we are back. Randy Kelton, Denver Stevens, Rural Law Radio, and we're talking to Olivier
[01:19:41.760 --> 01:19:48.080] in Tennessee. Okay, Olivier, it sounds like you have to work cut off for you.
[01:19:48.080 --> 01:19:56.400] Yep. And the thing is, by researching with you over this pandemic, that scan that you just
[01:19:56.400 --> 01:20:02.480] talked about, I just realized like the politicians like to hide and run. But this
[01:20:02.480 --> 01:20:07.600] pandemic, you said a suit, it brings them to the table. So this pandemic is a suit,
[01:20:07.600 --> 01:20:14.480] and I'm seeing how the mechanism work. It brings them to the table. Plus, I get to bring all the
[01:20:14.480 --> 01:20:20.160] evidence about when I called police and when I tried to address them, when I tried to have
[01:20:20.160 --> 01:20:28.800] meetings with them to address these situations, and they would not meet with me or they would not
[01:20:28.800 --> 01:20:36.400] convene with me. So now, I have all this evidence to bring forth to say, hey, I brought you this
[01:20:36.400 --> 01:20:42.320] information. I beg, I plead it. The legislature say you don't have authority to do it.
[01:20:42.320 --> 01:20:48.800] Our statutory language doesn't say so. The pandemic makes them, they force them to the table.
[01:20:50.800 --> 01:20:54.160] And you get to show that they fail to act in good faith?
[01:20:55.440 --> 01:20:58.480] That's the whole thing. Yeah, that's the whole, that's the major thing about the
[01:20:58.480 --> 01:21:03.360] pandemic. Like, when I started researching in real and realize what it was all about,
[01:21:04.800 --> 01:21:10.240] that's the main directive of that. If you, if that's not in there,
[01:21:10.240 --> 01:21:19.280] we're not going to award it or look at it. So, Italian, you've got a good case. If you may have
[01:21:20.000 --> 01:21:30.240] actually maneuvered them around into a position to where your case demonstrates
[01:21:31.040 --> 01:21:39.920] how what they're doing perpetrates a serious wrong. And most people think tickets aren't a
[01:21:39.920 --> 01:21:48.000] big deal. Well, try being arrested half a dozen times, going to jail every time you turn around.
[01:21:48.000 --> 01:21:50.400] How would you guys like that to happen to your granddaughter?
[01:21:51.920 --> 01:21:56.160] Right. And then you try to bring it to these guys and they don't care. They're just going
[01:21:56.160 --> 01:22:02.880] to arrest you next time to see you. And you have that one officer that's arrested you several times.
[01:22:02.880 --> 01:22:12.400] You may wind up getting his career. Well, I want it. He's real nasty. I watched
[01:22:12.400 --> 01:22:19.280] his videos. He run up on people, women. He's here to pump. I mean, really, really,
[01:22:22.080 --> 01:22:25.280] if you see one of those high school dropout or high school
[01:22:25.280 --> 01:22:33.040] bullies and they put them in the suit. Yeah, the bully on the high school parking lot.
[01:22:36.160 --> 01:22:42.800] And when he loses all his influence, he goes out and gets a gun so he can keep being the bully.
[01:22:43.680 --> 01:22:46.480] So, you do everybody a good service by getting rid of him.
[01:22:46.480 --> 01:22:55.360] Right. Okay. Okay. Do you have anything else for us? No, I just appreciate the
[01:22:55.360 --> 01:23:03.520] mandamus and okay. Stay after him. Give him no breeder.
[01:23:05.520 --> 01:23:12.080] All right. Okay. Thank you. Now we're going to go to Fareed in California. Hello, Fareed.
[01:23:12.080 --> 01:23:18.480] Hi, Andy. How are you? I am good. What do you have for us today?
[01:23:19.760 --> 01:23:26.240] All right. So, briefly, it was in Chapter 13. I'm still in Chapter 13 bankruptcy.
[01:23:28.480 --> 01:23:36.400] The judge issued a 14-day in-bam without bathing the 14-day. So, basically,
[01:23:36.400 --> 01:23:49.120] they can sell after the next Thursday my property. I have filed for an adversary in bankruptcy.
[01:23:49.920 --> 01:23:57.600] And then the TRO that I filed with the court, the judge has been sitting on it for like two weeks
[01:23:57.600 --> 01:24:03.360] and I keep going to my friends tell me, go to the court and ask the man for a hearing. But
[01:24:03.360 --> 01:24:09.120] when I talk with the clerk, the clerk gives me a run around and she tells me that it's with the
[01:24:09.120 --> 01:24:18.880] judge. So, what I did yesterday, I filed for a writ of papers corpus in both the bankruptcy
[01:24:18.880 --> 01:24:27.040] court as well as the U.S. District Court. And in bankruptcy court, the clerk told me
[01:24:27.040 --> 01:24:33.920] what is the case number. I said, well, it has to be a new case. I cannot put the same judge,
[01:24:33.920 --> 01:24:41.920] cannot adjudicate the same issues that I am complaining about. It has to be a different judge.
[01:24:42.640 --> 01:24:49.440] So, anyway, they forced me to put the case number on that and they filed it. Then I also went to the
[01:24:49.440 --> 01:24:58.080] U.S. District Court, same building, and also tried to file a writ of papers corpus for five dollars.
[01:24:58.800 --> 01:25:06.480] The woman made me wait for almost an hour and then she came back to me stating that her supervisor
[01:25:06.480 --> 01:25:13.200] does not let me file it under papers corpus. It has to be a civil case. I said, under what law, show
[01:25:13.200 --> 01:25:19.520] me the law? She said, well, I don't know. My supervisor asked, this is her phone number. Give
[01:25:19.520 --> 01:25:26.640] her a call and talk to her. So, I called her. I said, under what law are you forcing me to file
[01:25:27.280 --> 01:25:35.040] a papers corpus under a civil case cover sheet? And she said, well, that's for prisoners. You're
[01:25:35.040 --> 01:25:40.000] not a prisoner. I said, are you practicing law without a license? She says, no. I said, okay,
[01:25:40.000 --> 01:25:44.800] then file it under papers corpus. That's what it is. And I want to pay my five dollars.
[01:25:44.800 --> 01:25:50.640] She said, no, sir, we're just going to file it under a civil case and that you have to pay
[01:25:50.640 --> 01:25:57.600] four hundred dollars. And I said, well, I object and I'm going to file. So, I went to the court
[01:25:57.600 --> 01:26:03.760] and I told the clerk, here's my five dollars. Give me a receipt for my papers corpus. So,
[01:26:03.760 --> 01:26:10.320] she said that, no, we are not going to take your five dollars and you have to pay four hundred
[01:26:10.320 --> 01:26:15.280] dollars. I said, okay, give me a few sheets of papers. I want to file a complaint against you
[01:26:15.280 --> 01:26:22.240] and file it in the case. I filed, I wrote one tager and I said on such a date, basically
[01:26:24.080 --> 01:26:30.000] describing what happened, that this woman violated my rights. She's clearly violating 18 USC
[01:26:30.000 --> 01:26:42.800] section 1346 and that's that. So, the reason for my call is to see what remedies I may be able
[01:26:42.800 --> 01:26:47.600] to obtain because clearly I'm trying to file for a retail papers corpus against the judge.
[01:26:48.880 --> 01:26:59.440] You can file against the clerk for official oppression, 18 U.S. Code 242. I haven't read
[01:26:59.440 --> 01:27:12.480] the habeas corpus statute for the Fed in a long time. What does it say as to your rights on filing
[01:27:12.480 --> 01:27:22.720] a habeas? Basically, habeas corpus in a civil case, what I'm doing, I'm basically saying to the judge
[01:27:22.720 --> 01:27:28.960] or whoever, bring the damage party forward so that I can pay them the damages because nobody
[01:27:28.960 --> 01:27:34.160] has appeared in court anywhere, anytime in the last six years of my fighting with people.
[01:27:37.040 --> 01:27:41.840] So, that's my right to know. It's part of my due process. I want to know who is the
[01:27:41.840 --> 01:27:47.440] damage party so I can take care of their damages, except certainly nobody ever appeared in court
[01:27:47.440 --> 01:28:00.480] who says that I'm damaged. Okay. Okay. What I'm looking for is your right to file a habeas.
[01:28:02.320 --> 01:28:11.440] Well, as a man, as long as I don't bother anybody. No, no, no, no, no, no. What does the law say?
[01:28:11.440 --> 01:28:23.600] The habeas, the losses that I can file for my grievances against the government. The government
[01:28:23.600 --> 01:28:31.840] is clearly stealing from me and damaging me. A habeas corpus almost always goes to a restriction
[01:28:31.840 --> 01:28:43.040] at liberty. I'm not familiar with the habeas corpus in a civil action, but there's a problem here.
[01:28:44.320 --> 01:28:50.800] When you, especially when you go prosa to these guys, you can't tell them what they need to do
[01:28:50.800 --> 01:28:56.800] or what they should do. What you have to do is hold the law up in front of them. This is what
[01:28:56.800 --> 01:29:04.560] the law says. This is what I want you to do. What you, when I asked you what a habeas was,
[01:29:05.760 --> 01:29:13.520] you spoke to the law out of your own mouth. You could never make a proactive statement of
[01:29:13.520 --> 01:29:18.320] law out of your own mouth. You must always make it out of the mouth of the legislature
[01:29:19.200 --> 01:29:25.440] or of the courts. For instance, I go into a justice of the peace office and I want to see
[01:29:25.440 --> 01:29:33.920] a warrant that's been issued and has already been executed. And I tell the clerk that I want to see
[01:29:33.920 --> 01:29:42.480] a warrant for this case as required by article 15.17, Texas Code of Criminal Procedure, I'll wait.
[01:29:42.480 --> 01:29:58.400] I get no garbage. Hang on, going to break. Randy Kelton, Lutah Law Radio, we'll be right back.
[01:30:00.160 --> 01:30:05.600] Hold it right there, bucko. That photo was poorly lit and your composition is all wrong.
[01:30:05.600 --> 01:30:09.840] Those could be the last words you hear before police confiscate your camera.
[01:30:09.840 --> 01:30:13.440] I'm Dr. Katherine Albrecht and I'll be back with a scoop.
[01:30:40.320 --> 01:30:46.960] Police are detaining people for taking perfectly legal pictures.
[01:30:46.960 --> 01:30:51.040] They've apparently become art critics with instructions to determine whether people's
[01:30:51.040 --> 01:30:56.560] photos have, quote, a parent's aesthetic value. The idea is to stop terrorists, though what a
[01:30:56.560 --> 01:31:01.760] terrorist could do armed with just a camera is beyond me. One innocent photographer got stopped
[01:31:01.760 --> 01:31:07.360] for taking pictures of a refinery in Long Beach, California. Another got a full patdown for filming
[01:31:07.360 --> 01:31:12.240] the outside of the courthouse. In addition to judging people's photos, cops are harassing
[01:31:12.240 --> 01:31:17.440] anyone with a camera who doesn't look like, quote, a regular tourist. So next time you visit Long
[01:31:17.440 --> 01:31:22.880] Beach, wear a big Hawaiian shirt and make sure your photos are gorgeous. I'm Dr. Katherine
[01:31:22.880 --> 01:31:26.480] Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.320 --> 01:31:35.760] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.760 --> 01:31:40.560] The government says that fire brought it down. However, 1,500 architects and engineers have
[01:31:40.560 --> 01:31:45.120] concluded it was a controlled demolition. Over 6,000 of my fellow service members have given
[01:31:45.120 --> 01:31:49.440] their lives. And thousands of my fellow force responders are dying. I'm not a conspiracy
[01:31:49.440 --> 01:31:52.960] theorist. I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force
[01:31:52.960 --> 01:31:57.920] pilot. I'm a father who lost his son. We are Americans and we deserve the truth. Go to
[01:31:57.920 --> 01:32:03.280] RememberBuilding7.org today. Hey, it's Danny here for Hill Country Home Improvements. Did your
[01:32:03.280 --> 01:32:07.440] home receive hail or wind damage from the recent storms? Come on, we all know the government
[01:32:07.440 --> 01:32:11.440] caused it with their chemtrails. But good luck getting them to pay for it. Okay, I might be
[01:32:11.440 --> 01:32:15.600] kidding about the chemtrails. But I'm serious about your roof. That's why you have insurance.
[01:32:15.600 --> 01:32:20.160] And Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket
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[01:32:43.120 --> 01:32:47.920] network to help continue this programming. So if those out-of-town roofers come knocking,
[01:32:47.920 --> 01:32:56.800] your door should be locked in. That's 512-992-8745 or hillcountryhomeimprovements.com. Discounts
[01:32:56.800 --> 01:33:00.560] are based on full roof replacement, meaning I actually be kidding about chemtrails.
[01:33:27.520 --> 01:33:35.360] Okay, we are back. Randy Helton, Google I radio. We're talking to Fareed in California. Fareed,
[01:33:36.080 --> 01:33:44.560] before you go phylohebius, you must be able to cite the statute that authorizes you to phylohebius.
[01:33:44.560 --> 01:33:58.480] You have to know what it says. I'm looking at 2241 federal code, 28 USC 2241. Power to grant
[01:33:58.480 --> 01:34:04.960] writ. Rits of habeas corpus may be granted by the Supreme Court, any justice thereof, district courts,
[01:34:04.960 --> 01:34:10.480] or any circuit court within their respective jurisdictions. The order of a circuit judge
[01:34:10.480 --> 01:34:15.120] shall be entered in the records in the district court. We're in the, I meant the right place, yeah.
[01:34:16.000 --> 01:34:22.400] In Supreme Court, okay, the writ of habeas corpus shall not extend to a prisoner unless
[01:34:22.400 --> 01:34:29.440] he is in custody under or by color of authority, the United States was committed for trial before
[01:34:29.440 --> 01:34:36.080] some court thereof. I can't find anything that extends a habeas corpus to a civil matter.
[01:34:36.080 --> 01:34:41.360] Where do you find authority to file a habeas in a civil matter?
[01:34:41.360 --> 01:34:47.840] Well, it's a derivative there. I'm a stock, first of all, they have basically crippled me.
[01:34:48.480 --> 01:34:54.240] I've been going to the doctor. I have all kinds of pain in my neck and shoulder and back and legs.
[01:34:54.800 --> 01:35:00.080] I am a stock to my computer because they keep sending me these death collectors papers.
[01:35:00.080 --> 01:35:07.440] No, no, no, no. You're missing my question. I'm not asking what your reasons for the habeas are.
[01:35:08.800 --> 01:35:12.880] I'm asking for the law that authorizes you to file it in a civil case.
[01:35:13.600 --> 01:35:15.440] It's article one, section nine.
[01:35:17.920 --> 01:35:24.240] It just says that the writ of habeas corpus shall not be bridged or denied.
[01:35:24.240 --> 01:35:29.280] That doesn't go to civil habeas.
[01:35:30.560 --> 01:35:32.160] Well, it doesn't forbid that.
[01:35:32.160 --> 01:35:38.720] Okay, okay. That's another issue. You can't cite the Constitution.
[01:35:40.560 --> 01:35:43.600] It goes to a basic misunderstanding of what the Constitution is.
[01:35:44.240 --> 01:35:46.720] Constitution does not grant you any rights.
[01:35:46.720 --> 01:35:56.480] You already have all these rights. Constitution specifically forbids a public official from
[01:35:56.480 --> 01:36:07.360] abridging a named right. And the Constitution does forbid a public official from cancelling
[01:36:07.360 --> 01:36:19.280] a habeas corpus. Okay, what is a habeas corpus? Where you have to look for your authority to
[01:36:19.280 --> 01:36:26.240] file a habeas is you have to look in the statute that defines what a habeas is and where it can
[01:36:26.240 --> 01:36:35.360] be filed. I have a statute on habeas here, 2041. But it doesn't say anything about civil.
[01:36:35.360 --> 01:36:41.840] You need to be able to go to the court and say, this is what the law says.
[01:36:44.000 --> 01:36:51.200] Telling them what the situation is goes to equity, goes to your equitable position.
[01:36:52.720 --> 01:36:58.960] And first, you have to bring the law to them. What is the law concerning civil habeas?
[01:36:58.960 --> 01:37:04.240] If you don't know that law, you cannot enforce it.
[01:37:10.640 --> 01:37:18.480] Well, to me, the habeas corpus is a combination of liberty and property. It's not only liberty.
[01:37:18.480 --> 01:37:27.040] Yeah, that's a nice theoretical view of habeas. But I'm an engineer. I don't do theory.
[01:37:29.120 --> 01:37:35.520] I look at the codes as a tech manual. Where does the tech manual tell me what a habeas is,
[01:37:35.520 --> 01:37:41.520] how to file it, and when to, when it, I can use it as my remedy. I have to find it in the code.
[01:37:41.520 --> 01:37:53.440] I understand the definition of liberty. You're just telling me out of your own mouth
[01:37:54.720 --> 01:38:02.080] what a habeas is. We can't do that. And I'm going to a mental discipline that you have to have in
[01:38:02.080 --> 01:38:09.680] order to operate effectively in the courts. You can never make a proactive statement of law out
[01:38:09.680 --> 01:38:14.880] of your own mouth. You must make it out of the mouth of the courts or the legislature.
[01:38:16.080 --> 01:38:23.760] So in order to file a habeas of any kind, we must first have a statute that defines habeas,
[01:38:24.720 --> 01:38:31.600] when defile, when we can file it, when we have this specific statutory right,
[01:38:31.600 --> 01:38:41.040] and what the statute does is direct our public officials on how to act when you bring this
[01:38:41.040 --> 01:38:52.320] habeas tool. You've got to have that code. And all I'm seeing is habeas going to restriction
[01:38:52.320 --> 01:39:02.320] of personal liberty. You're dealing with an issue where they're dealing with your property, not your
[01:39:02.320 --> 01:39:09.360] liberty. Well, they are dealing with my liberty because they're forcing me to do things that I
[01:39:09.360 --> 01:39:19.360] don't want. Actually, how are they forcing you to do anything? Well, I just want them to leave me
[01:39:19.360 --> 01:39:27.920] alone. I'm in peace with them. That's okay to want them to leave you alone. But how are they
[01:39:27.920 --> 01:39:34.720] forcing you to do anything? Well, they're sending me bills when I have ample evidence that I have
[01:39:34.720 --> 01:39:41.520] no relations with these people. Okay. But how does that go to your liberty? That goes to your
[01:39:41.520 --> 01:39:47.280] property. It goes to my property and my liberty is tied to it because I want to do things that I
[01:39:47.280 --> 01:39:56.160] cannot because I have to spend time with these people. Liberty doesn't go to your wants and wishes.
[01:39:58.720 --> 01:40:03.680] It goes to your freedom from imprisonment in the context of habeas.
[01:40:07.520 --> 01:40:11.040] We don't all get to do what we want to. If you want to do something
[01:40:11.040 --> 01:40:17.600] and someone is restricting you from doing something, you need to bring some statute. You
[01:40:17.600 --> 01:40:22.800] can't just generally say, I don't like what you're doing. Therefore, you have to stop doing it.
[01:40:24.320 --> 01:40:30.960] I'm not saying you don't have a claim. I'm saying that when you go to the court,
[01:40:30.960 --> 01:40:42.960] you have to make that claim in terms of statute and case law. The only purpose of the trial
[01:40:42.960 --> 01:40:50.320] judge is to determine the facts in accordance with the rules of evidence, then apply the law
[01:40:50.320 --> 01:40:57.280] as it comes to him to the facts in the case. Now, you can give him the most convincing argument
[01:40:57.280 --> 01:41:03.520] as to why you should have this benefit under law. He can agree with you.
[01:41:04.880 --> 01:41:09.680] But if you haven't given him facts in accordance with the rules of evidence,
[01:41:09.680 --> 01:41:14.320] then laws that apply to those facts, he has no power to rule in your favor.
[01:41:16.240 --> 01:41:24.720] So, I'm being pedantic. I'm being difficult. But this is exactly where the court will be,
[01:41:24.720 --> 01:41:31.920] except they're not going to tell you. They're not going to tell you that no matter how convincing
[01:41:31.920 --> 01:41:39.760] your argument is in your behalf, if it's not in the form of facts and law, I'm going to sit here
[01:41:39.760 --> 01:41:46.400] and I'm going to listen politely, then I'm going to rule against you. I'm going to tell you what
[01:41:46.400 --> 01:41:55.600] you didn't do right. I'm just going to rule against you. So, let's go back and find statute and case
[01:41:55.600 --> 01:42:02.880] law. Tell me what the law is. If you can't tell them what the law is, you know, when I go to a
[01:42:02.880 --> 01:42:08.160] clerk and I ask a clerk to do something, if he don't do it, he gets a 911 call.
[01:42:08.160 --> 01:42:18.480] The reason is, is I never ask a clerk to do anything that the law does not specifically
[01:42:18.480 --> 01:42:25.680] command them to do. Give you an example, exactly on point. Johnson County, Texas,
[01:42:26.320 --> 01:42:34.640] went to the clerk and handed her a habeas corpus. She took it and said, okay, that'll be a $241
[01:42:34.640 --> 01:42:42.400] filing fee. I said, don't tell me that. She said, I have to tell you that. I said,
[01:42:42.400 --> 01:42:48.240] no, no, no, don't tell me that. Go get the elected clerk. Go get Lloyd. Have him come and tell me
[01:42:48.240 --> 01:42:53.280] that. So, she went and got the elected clerk. Lloyd come out and he looked at it. He said,
[01:42:53.280 --> 01:43:01.840] that'll be a $241 filing fee. I said, Lloyd, don't go anywhere. Stay right there. Somebody's going
[01:43:01.840 --> 01:43:07.360] to want to talk to you. Took out my cell phone, dialed 911, asked him to send an officer out
[01:43:07.360 --> 01:43:14.880] to arrest the clerk. Well, Lloyd stood there. He didn't move to his credit. This big old fat
[01:43:14.880 --> 01:43:18.880] sergeant showed up and said, what seemed to me the problem? I said, the problem is, you don't have
[01:43:18.880 --> 01:43:24.080] pencil and paper. But why do I need pencil and paper? Take my criminal complaint against this
[01:43:24.080 --> 01:43:30.400] clerk. Well, why would I take a criminal complaint against the clerk? Because he's a criminal. That's
[01:43:30.400 --> 01:43:44.000] why kind of went downhill from there. But the point was article 10.51 said, there shall be no
[01:43:44.000 --> 01:43:51.760] filing fee for a habeas corpus. What part of that is hard to understand? Hang on. Be right back.
[01:43:51.760 --> 01:43:54.480] Ready to count rule on radio? We'll be right back.
[01:43:54.480 --> 01:43:56.480] Okay.
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[01:46:16.640 --> 01:46:23.520] Okay, we are back. Randy Kelton, Deborah Stevens, rule of law radio, and we're talking to
[01:46:23.520 --> 01:46:31.200] Fareed in California. I'm not trying to be difficult. There's something you're missing.
[01:46:32.240 --> 01:46:40.320] In order to seek remedy in this court, there is a way you have to go about doing it.
[01:46:40.320 --> 01:46:48.080] Now, we used to have common law courts. In a common law court, you could come in and explain
[01:46:48.080 --> 01:46:53.200] your position to the judge, and the other side would explain their position, and the judge could
[01:46:53.200 --> 01:46:59.920] decide what he thought was right and equitable. He wasn't bound the way our courts are.
[01:47:01.120 --> 01:47:04.080] We're not in common law courts. We're in statutory courts.
[01:47:04.080 --> 01:47:15.360] So, this judge can only rule based on statutes. You have to bring him the code. In the case of the
[01:47:18.160 --> 01:47:26.080] clerk on the habeas corpus, the statute specifically stated there will be no firing fee
[01:47:26.080 --> 01:47:34.480] for a habeas corpus. I showed the policeman the statute. The clerk demanded a filing fee for
[01:47:34.480 --> 01:47:41.680] a habeas corpus in violation of this statute, and that was an act in violation of 39.03 penal code,
[01:47:41.680 --> 01:47:46.240] which says that it is a crime for a public official to exert a purport or exert an authority. He
[01:47:46.240 --> 01:47:50.960] does not have it in the process to not assist and pull free access to her enjoyment of a right.
[01:47:50.960 --> 01:48:00.480] Arrest him. It got real interesting. That's how you have to do it. By cold. Am I making sense for it?
[01:48:01.920 --> 01:48:08.080] Yes, but in this case, you see the reason that I share with you the,
[01:48:09.600 --> 01:48:18.160] like, I have three doctors know that I should rest, and if I overuse my arms, I will be crippled.
[01:48:18.160 --> 01:48:25.040] Wait, wait a minute. Hold on. So what? Well, so what? They're tying me to a computer.
[01:48:26.000 --> 01:48:34.400] So what? Okay. Here's why I'm not being facetious or being difficult. So what means,
[01:48:36.800 --> 01:48:44.320] what law does that invoke? And what duty does that law place on me as the judge?
[01:48:44.320 --> 01:48:49.440] I'm being restrained from my liberty and property.
[01:48:50.080 --> 01:48:56.800] How? You're just saying it. I could say he's making me stand on my head, squawk like a chicken.
[01:48:56.800 --> 01:48:59.520] I'm standing on my head, squawking like a chicken, but I don't want to,
[01:49:00.640 --> 01:49:06.560] because he made me do it. And of course, I'm going to say, okay, how do you make you do it,
[01:49:06.560 --> 01:49:11.040] and what law says he can't make you do it? Well, because I have no relationship with
[01:49:11.040 --> 01:49:14.880] this guy, and I'm trying to steal my property and by filing false papers in court.
[01:49:16.240 --> 01:49:22.080] You're still making statements of law out of your own mouth. You got to give me code.
[01:49:24.400 --> 01:49:31.920] There's just no way to secure remedy in these courts without giving them
[01:49:32.800 --> 01:49:40.960] statutory support and case law explanation. You just have to, that's the only way you can
[01:49:40.960 --> 01:49:48.240] deal in this court. Well, no man shall be deprived of his property and liberty without the process
[01:49:48.240 --> 01:49:57.600] of law. The judge and that's forced amendment. So the judge is... Okay. How does your, apparently,
[01:49:57.600 --> 01:50:05.120] you're talking about injuries to you that are the result of the stress of these proceedings?
[01:50:05.120 --> 01:50:13.760] And the judge, the fact that he's... Okay. How does those injuries, how do those injuries
[01:50:15.840 --> 01:50:22.880] become adjudicatable under law? What law allows you to blame the judge for those injuries?
[01:50:25.440 --> 01:50:32.560] What law is... I have asked for my temporary restraining order, and then these guys are
[01:50:32.560 --> 01:50:40.080] complete strangers. He, according to his oath of office and his bond, is bonded to,
[01:50:40.960 --> 01:50:47.760] not only keep these guys away from me, but also is bonded to grant my non-judicial judgment.
[01:50:48.480 --> 01:50:53.920] He was bonded to do no such thing. Where did you get that?
[01:50:55.040 --> 01:51:01.680] Well, he's bonded to uphold the enacted laws. I have several non-judicial judgments,
[01:51:01.680 --> 01:51:10.400] including according to UCC3206 and the decision and so on and so forth. But he's not doing anything
[01:51:10.400 --> 01:51:17.360] to protect me. Listen, if you brought your argument to the judge the way you brought it to me,
[01:51:18.960 --> 01:51:27.760] you brought him nothing he could work with. I sat as a judge in a mock trial once in Massachusetts.
[01:51:27.760 --> 01:51:35.360] And the guy that we were doing the mock trial for was a friend of mine and a fellow
[01:51:37.120 --> 01:51:44.480] rights activist. And he's being charged by the state of Pennsylvania. And had me sit as a judge,
[01:51:44.480 --> 01:51:50.640] we picked a mock jury, a jury of people who didn't know him. And he's coming to me telling me all
[01:51:50.640 --> 01:51:58.640] the things they did wrong. And now I'm sitting as the judge and I'm thinking, okay, okay, I agree
[01:51:58.640 --> 01:52:07.920] with you. But where's the law and the facts? You got to give me law and you got to give me facts
[01:52:07.920 --> 01:52:13.680] as they apply to the law. And all you're giving me is argument about how badly you were mistreated.
[01:52:13.680 --> 01:52:21.920] I don't have anything I can adjudicate in your favor. And he had a guy helping him. And finally,
[01:52:21.920 --> 01:52:30.480] I called a recess and told him, Danny, if you choke this guy to death, I won't hold you responsible
[01:52:30.480 --> 01:52:36.160] for it. You have my permission. Tell him to go over there and sit down and shut up. He is not
[01:52:36.160 --> 01:52:41.440] helping you one bit. The mock jury, they had two mock jurors for this guy, both of them found him
[01:52:41.440 --> 01:52:51.280] guilty. He just couldn't get over the fact that he couldn't simply tell me what was wrong.
[01:52:52.720 --> 01:53:01.360] And that would authorize me to rule in his favor. He had to give me facts. And then he had to give
[01:53:01.360 --> 01:53:09.440] me law as applied to those facts. You've given me no facts and law as it applies to those facts.
[01:53:09.440 --> 01:53:20.800] Get out some legal briefs and read briefs. It'll tell you how it's done. It tells you what the
[01:53:20.800 --> 01:53:27.920] people, what the other guy did. And this is the law he violated when he did it. And this is my remedy
[01:53:27.920 --> 01:53:35.360] when he violates this law this way. It has to be out of the courts, out of the legislature
[01:53:35.360 --> 01:53:46.800] and the courts. Can't be out of your own mouth. I understand the problem. It's a whole different
[01:53:46.800 --> 01:53:54.080] way of doing things. It's not the way we do things out here in normal situations.
[01:53:55.840 --> 01:54:02.000] Court is a structured environment. And you have to meet the requirements of the court or you won't
[01:54:02.000 --> 01:54:12.240] have a chance. I'm sorry, but what you've been telling me, if you brought that, if that's how
[01:54:12.240 --> 01:54:16.320] you argued in the court, the judge has no power to rule in your favor.
[01:54:21.280 --> 01:54:28.240] You're going to bring your facts and law. The opposition is going to bring their facts and law.
[01:54:28.240 --> 01:54:36.640] And the judge has to look at the law from both sides and determine which laws fit in this particular
[01:54:36.640 --> 01:54:43.360] situation. He won't always rule in your favor. He doesn't rule in your favor. There's remedy.
[01:54:44.480 --> 01:54:50.080] And one of the things that we tell people is never expect to win in the trial court.
[01:54:50.080 --> 01:54:58.800] Your only purpose in the trial court should be setting the record for appeal. And the way you
[01:54:58.800 --> 01:55:04.800] set the record for appeal is you get your facts in the record in accordance with the rules of
[01:55:04.800 --> 01:55:12.240] evidence. Then you apply the law to the facts and get that in the record. You want your facts and
[01:55:12.240 --> 01:55:18.080] law in the record, the place you expect to win your case is in the appeals court.
[01:55:18.080 --> 01:55:33.840] Always. If you approach your case from that perspective, you will be giving the judge something
[01:55:33.840 --> 01:55:42.800] he can rule on and something he is required to rule on. If you don't give him that, his decision
[01:55:42.800 --> 01:55:49.440] is not his. Even if it's not the decision he would prefer to make. Olivier, who was just before
[01:55:49.440 --> 01:55:57.600] you, he went to the court and asked for a mandamus to protect, to stop the police from
[01:55:58.560 --> 01:56:05.040] acting in ways that harmed everybody in the community. And apparently the judge
[01:56:05.040 --> 01:56:10.560] agreed with his arguments and liked his pleadings. But he couldn't rule for him.
[01:56:10.560 --> 01:56:20.720] Because he didn't follow the procedures. You can't come to the court saying that the police
[01:56:20.720 --> 01:56:26.560] are doing something wrong, you need to fix it. The rules say you have to come to the court with
[01:56:26.560 --> 01:56:36.240] an actual controversy. The police did this thing wrong and it harmed me this way. Whenever you
[01:56:36.240 --> 01:56:41.760] tell the court that the other guys did something wrong, just like I was doing earlier, the court
[01:56:41.760 --> 01:56:50.960] is always going to be saying, so what? So what? So what? How does that harm you? And how is that
[01:56:50.960 --> 01:57:00.560] harm in violation of law? That's what he has to have. And that's why earlier when you were saying
[01:57:00.560 --> 01:57:06.880] that, I was saying, so what? That's what I was really asking. What harm did they cause? What
[01:57:06.880 --> 01:57:13.040] law did they violate you? I have to bring them that. Or you have no chance. Am I making sense?
[01:57:14.720 --> 01:57:22.400] Yeah, but to me, my facts are crystal clear. I have my non-judicial judgments and I've asked for
[01:57:22.400 --> 01:57:30.400] TRO. The judge is sitting on the TRO and an injunction. He's refusing to take a look at the
[01:57:30.400 --> 01:57:36.480] enacted clause. I have several non-judicial judgments and he's basically aiding and abetting
[01:57:36.480 --> 01:57:43.040] theft of my house. Okay, what is your remedy when the judge fails to perform his duty?
[01:57:44.000 --> 01:57:49.440] Well, that's what I said. If he's bonded according to the enacted clause, if he does not follow the
[01:57:49.440 --> 01:58:00.080] enacted clause, then he's not bonded. He's his own personal... Okay, okay. Your remedy is an appeal
[01:58:00.080 --> 01:58:06.800] or an interlocutory appeal and judicial conduct complaints, maybe even a suit against the judge.
[01:58:07.440 --> 01:58:13.600] There are specific things in law you can do. Going after his bond is secondary. That won't get
[01:58:13.600 --> 01:58:19.520] it due to adjudication on your case. I'm sorry. We are out of time. This is Randy Kelton, Debra
[01:58:19.520 --> 01:58:26.240] Stevens, rule of law radio. We still have our fundraiser going on, so check out Logos Radio
[01:58:26.240 --> 01:58:33.040] Network. We're giving away two guns this year and a couple of lower carriages, a $100 gift
[01:58:33.040 --> 01:58:41.680] certificate. And for all of the products we have, for every $25 you spend, you'll get a chance in
[01:58:41.680 --> 01:58:47.200] the drawing and the giveaway. Thank you all for listening. We'll be back tomorrow night. Good night.
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