ROL_2017-08-04_16k_Hr1-2.timecode
[00:00.000 --> 00:05.320] The following news flash is brought to you by The Lowest Star Lowdown.
[00:05.320 --> 00:12.560] Markets for Wednesday, July 26, 2017, currently trading with gold at $1,260.75 an ounce, silver
[00:12.560 --> 00:21.520] $16.69 an ounce, Texas Crude $47.89 a barrel, and Bitcoin is sitting a little over $2,474
[00:21.520 --> 00:24.520] U.S. currency.
[00:24.520 --> 00:30.640] Today in history, the year 1938, an unprecedented swarm of grasshoppers descends on crops throughout
[00:30.640 --> 00:33.800] the American heartland, devastating millions of acres.
[00:33.800 --> 00:38.600] Iowa, Nebraska, and South Dakota, already in the midst of a bad drought, suffered the
[00:38.600 --> 00:41.400] most from this grasshopper disaster.
[00:41.400 --> 00:46.680] Today in history.
[00:46.680 --> 00:50.760] In recent news, yesterday Tuesday, police chiefs from three of the five biggest cities in the
[00:50.760 --> 00:55.160] state spoke out at the Texas Capitol against the transgender bathroom bill, being considered
[00:55.160 --> 01:00.040] by the Republican legislator as discriminatory and in divergence of resources that won't
[01:00.040 --> 01:01.280] keep people safe.
[01:01.280 --> 01:05.600] The police chiefs were joined by public school officials, advocates for sexual assault survivors,
[01:05.600 --> 01:09.680] representatives from the Harris County and El Paso Sheriff's offices, the Corpus Christi
[01:09.680 --> 01:12.280] Iside chief of police and others.
[01:12.280 --> 01:17.040] The main issue, as Austin police chief Brian Manley put it, is that if, quote, a bill like
[01:17.040 --> 01:21.720] this were to be passed, that would pull police officers' time away from combating violent
[01:21.720 --> 01:27.040] crime into enforcing a bathroom bill, it makes communities less safe, since it is time not
[01:27.040 --> 01:29.040] spent ensuring community safety.
[01:29.040 --> 01:33.120] The legislation would restrict bathroom use in schools and local government buildings
[01:33.120 --> 01:37.440] by superseding and nullifying parts of local non-discrimination ordinances meant to allow
[01:37.440 --> 01:42.400] transgender residents, which make up less than 1% of the population, the claim to use the
[01:42.400 --> 01:44.320] public bathroom of their choice.
[01:44.320 --> 01:49.360] The bill did pass just after midnight last night, the Senate voted 21-10 and it now goes
[01:49.360 --> 01:51.880] to the House for consideration.
[01:51.880 --> 01:59.880] An information technology staffer for former chairwoman of the Democratic National Committee
[01:59.880 --> 02:05.200] representative Debbie Wasserman Schultz, Democrat from Florida, Imran Awan, a 37-year-old,
[02:05.200 --> 02:09.600] was arrested on Monday by FBI agents in U.S. Capitol Police at Dulley's International
[02:09.600 --> 02:12.920] Airport while attempting to flee to Lahore, Pakistan.
[02:12.920 --> 02:16.800] He was charged with big fraud in the U.S. District Court on Tuesday where he pleaded
[02:16.800 --> 02:17.800] not guilty.
[02:17.800 --> 02:22.080] According to federal court documents, officials are accusing Awan and his wife, Kina Alvi,
[02:22.080 --> 02:27.440] of defrauding the Congressional Federal Credit Union of $165,000 by lying on a home equity
[02:27.440 --> 02:32.120] loan application and not listing the home that they were getting the loan for as a rental
[02:32.120 --> 02:33.120] property.
[02:33.120 --> 02:37.520] Awan was released and is under a high-intensity supervision program with his hearing scheduled
[02:37.520 --> 02:39.600] for 21 August.
[02:39.600 --> 02:43.480] President's lawyer Christopher Gohan said that the charges are politically motivated
[02:43.480 --> 02:49.960] and, quote, began as part of a frenzy of anti-Muslim bigotry in the literal heart of our democracy,
[02:49.960 --> 02:50.960] the House of Representatives.
[02:50.960 --> 03:01.960] This is real fun with your loadout for July 26, 2017.
[03:01.960 --> 03:28.280] Okay, howdy, howdy, this is Randy Kelton, Rue de Blas Radio, on this Friday, the fourth
[03:28.280 --> 03:37.800] day of August 2017, and we're going to start out the show today talking about something
[03:37.800 --> 03:48.360] that I talked a bit about last night, 42 U.S. Code 14141.
[03:48.360 --> 03:57.600] This has passed in the 90s to give the Department of Justice, through the Attorney General,
[03:57.600 --> 04:05.080] before to go in and evaluate the policing practices of local state law enforcement.
[04:05.080 --> 04:13.200] It wasn't used much until Ferguson, and Ferguson, they drug it out, and that's the primary
[04:13.200 --> 04:20.600] tool they use to go after the Ferguson police and make these changes.
[04:20.600 --> 04:23.760] But it is an excellent tool.
[04:23.760 --> 04:28.640] You know, I keep saying lotto matter.
[04:28.640 --> 04:31.680] The end of the day, the law just doesn't count.
[04:31.680 --> 04:38.480] It's just something they use as a guide at the end of the day, it's all politics, and
[04:38.480 --> 04:43.480] if we don't understand the politics, we won't understand remedy.
[04:43.480 --> 04:52.320] Okay, with that said, while it's unlikely we will be able to get the Attorney General
[04:52.320 --> 05:01.880] to come in and investigate these agencies, we don't really care, but because we can start
[05:01.880 --> 05:11.800] filing with the Attorney General, the political side of this is the U.S. Attorney General
[05:11.800 --> 05:19.840] is totally outside the control of the state, and all these local officials that's got
[05:19.840 --> 05:27.680] their snouts in the same trough, well, all of these public officials may have their snouts
[05:27.680 --> 05:34.160] in the same trough, but it's not the same one that the state's in, and that in therein
[05:34.160 --> 05:36.800] lies their problem.
[05:36.800 --> 05:42.520] They have no control over what the Attorney General does, and we have something out there
[05:42.520 --> 05:51.040] that's potentially threatening to you, you will always presume the worst.
[05:51.040 --> 05:59.040] In fact, it behooves you to presume the worst, and we talk about when you go into a civil
[05:59.040 --> 06:06.280] case that you can expect the judge to rule against you out of hand at every turn, well,
[06:06.280 --> 06:14.920] maybe you won't, but it behooves you to conduct yourself as if it will, as if the judge will.
[06:14.920 --> 06:23.720] So they're going to do the same thing, so how pulls me over gets me a ticket.
[06:23.720 --> 06:31.320] A few days later, he gets a first-degree felony aggravated assault charge against him.
[06:31.320 --> 06:37.200] He gets a professional conduct complaint against him, a T-close complaint with the agency that
[06:37.200 --> 06:39.840] licenses him.
[06:39.840 --> 06:51.920] The jurisdiction gets a complaint to the U.S. Attorney General under 42 U.S. Code 141.
[06:51.920 --> 06:55.200] That's just the police officer.
[06:55.200 --> 07:03.480] Now, the criminal complaining pretty well figures that the prosecutor will cover his
[07:03.480 --> 07:15.160] behind on that, well, maybe, we haven't even started on the prosecutor yet, but the professional
[07:15.160 --> 07:21.680] conduct complaints and the Attorney General complaint, they don't have any control over
[07:21.680 --> 07:22.680] that.
[07:22.680 --> 07:27.760] If we can get a number of people, every time they get a ticket to start peppering these
[07:27.760 --> 07:34.240] guys with these complaints, the Attorney General is going to start getting them by the stacks.
[07:34.240 --> 07:42.720] And what it does is gives the Attorney General political cannon fodder.
[07:42.720 --> 07:48.760] He can take these complaints and use it against any official he wants to any time he wants
[07:48.760 --> 07:51.640] to.
[07:51.640 --> 07:58.720] And all these officials know that if the Justice Department needs to look like it's doing something,
[07:58.720 --> 08:05.720] all it has to do is drag out 42 U.S. Code 141.41 and go down to the local jurisdiction
[08:05.720 --> 08:08.720] and just thump all over.
[08:08.720 --> 08:15.480] And they can have all the fun they want to generate all the politics, all the news coverage
[08:15.480 --> 08:16.480] they want to.
[08:16.480 --> 08:17.480] Here we are.
[08:17.480 --> 08:20.680] We're out here fighting for the little guy.
[08:20.680 --> 08:27.840] Now they may be hammering a two-bit minor Hamlet in the middle of nowhere, but they're
[08:27.840 --> 08:31.120] out there doing their job.
[08:31.120 --> 08:38.200] Problem these local municipalities have is they know that the feds do this kind of stuff.
[08:38.200 --> 08:45.640] And by our filing these complaints, we put them in jeopardy or having that done to them.
[08:45.640 --> 08:53.560] So if you get stopped, even if you don't use a ticket deal, send me an email, let me know.
[08:53.560 --> 08:56.400] I'll send you some of these blank forms I'm putting together.
[08:56.400 --> 09:03.320] So all you have to do is fill in the blank, sign it and send it.
[09:03.320 --> 09:10.160] Working on the technology for the electronic lawyers, if we're getting close to getting
[09:10.160 --> 09:13.080] it fully implemented.
[09:13.080 --> 09:17.840] Turns out it's really, really complex.
[09:17.840 --> 09:24.400] The basic idea of it is relatively simple and straightforward.
[09:24.400 --> 09:31.200] But as is always with the case when you're designing something, the idea sounds really
[09:31.200 --> 09:36.440] easy, but the actual nuts and bolts implementation, that's a whole other animal.
[09:36.440 --> 09:42.800] Now I get people come to me with these ideas and they say, oh, be quiet, don't tell anybody.
[09:42.800 --> 09:45.600] I tell them, get away from me with that stuff.
[09:45.600 --> 09:49.720] I don't even want to talk about something that I can't tell everybody.
[09:49.720 --> 09:52.360] They don't understand.
[09:52.360 --> 09:56.280] It's easy to push ideas around.
[09:56.280 --> 10:04.920] But when you start taking an idea and turning it into something real, that takes more work
[10:04.920 --> 10:10.920] than most people are willing to put into it and it's all speculative.
[10:10.920 --> 10:15.160] I've been 10 years developing this thing and I don't know if I'll get anything back from
[10:15.160 --> 10:16.160] it.
[10:16.160 --> 10:23.440] And I've been 10, 12, 14 hours a day, seven days a week for the last 10 years just developing
[10:23.440 --> 10:24.440] this.
[10:24.440 --> 10:28.440] I've been 30 years researching this stuff.
[10:28.440 --> 10:29.640] But we're down to the wire.
[10:29.640 --> 10:34.680] We're down to the point where I'm beginning to implement parts of it on the web and the
[10:34.680 --> 10:39.160] more work with it, the more excited I get about it.
[10:39.160 --> 10:44.440] Because I have people calling in and they're talking about these things that are happening
[10:44.440 --> 10:50.680] and as they're talking, I'm looking at, OK, how do I take this and codify it into a set
[10:50.680 --> 10:57.640] of questions so that any time this happens to somebody else, they just answer these questions
[10:57.640 --> 11:00.880] and boom, spit out the documents.
[11:00.880 --> 11:08.680] Every time I develop a set of documents for someone, I'm working the development into
[11:08.680 --> 11:11.480] the automation.
[11:11.480 --> 11:18.000] So when I go in and research out a given set of issues, I don't have to do that again.
[11:18.000 --> 11:24.640] If I render it to a set of questions, then all I have to do with the next case is go
[11:24.640 --> 11:30.960] through these questions and it'll highlight everything that needs to be done.
[11:30.960 --> 11:36.320] Lawyers think that the practice of law is some kind of an art form.
[11:36.320 --> 11:40.200] It is no such thing.
[11:40.200 --> 11:45.640] We have a finite set of statutes.
[11:45.640 --> 11:53.440] This is not some vague and general field like psychology where you never can really get
[11:53.440 --> 11:57.040] a handle on anything.
[11:57.040 --> 11:59.320] This is engineering.
[11:59.320 --> 12:00.920] This is legal engineering.
[12:00.920 --> 12:08.960] We have a set of tech manuals and there are so many criminal statutes.
[12:08.960 --> 12:17.960] There are a finite number of criminal statutes and no matter what the facts are, no matter
[12:17.960 --> 12:28.040] how the circumstances come together, they must come together on a set of facts that
[12:28.040 --> 12:33.360] goes to one of these existing statutes.
[12:33.360 --> 12:39.720] So once we get the element and the case law related to those elements codified into a
[12:39.720 --> 12:42.360] questionnaire, that one's done.
[12:42.360 --> 12:46.280] I've got half the penal code that way.
[12:46.280 --> 12:53.160] And once I have the other half, that's 90% of all the states, most of the states are
[12:53.160 --> 12:54.160] all the same.
[12:54.160 --> 12:56.440] And I'm just one guy.
[12:56.440 --> 12:58.600] I'm one person.
[12:58.600 --> 13:01.160] I'm helping people with foreclosure issues.
[13:01.160 --> 13:08.760] I'm helping people with criminal issues and doing the radio show, fixing mama's kitchen.
[13:08.760 --> 13:17.320] And in the time in between, I was able to do half of the code.
[13:17.320 --> 13:22.320] So it's not that big a project and this could have been done 40 years ago.
[13:22.320 --> 13:26.120] Just nobody figured it out.
[13:26.120 --> 13:27.120] There are some difficulties.
[13:27.120 --> 13:38.840] There are some technicalities in how I convert the questionnaire to an internal form that
[13:38.840 --> 13:45.200] every time you answer a couple of questions, we only have a couple of questions on one
[13:45.200 --> 13:46.200] form.
[13:46.200 --> 13:53.800] So you ask one or two questions and you hit the third response and it opens a new map,
[13:53.800 --> 13:55.320] a new form.
[13:55.320 --> 13:57.560] But you can't tell it because it's so fast.
[13:57.560 --> 14:02.000] And when it opens a new form, it sends all your information to the database.
[14:02.000 --> 14:05.800] These are the technicalities that we're working out right now.
[14:05.800 --> 14:13.800] What I'm really trying to structure right now is a set of software on top of this so
[14:13.800 --> 14:22.480] that right now I'm having to go in and actually write the code on each one of these and serial
[14:22.480 --> 14:24.200] pain in the neck.
[14:24.200 --> 14:27.840] Because codes on each one are all the same.
[14:27.840 --> 14:29.160] I've just got hundreds of them.
[14:29.160 --> 14:35.720] I've got to set the coding for so I'm trying to get a set of software that I can click
[14:35.720 --> 14:42.920] on this file and have the software scrape the file for all the key fields and lay in
[14:42.920 --> 14:51.600] all the coding that I need so I can just set it to task and let it run down them and sort
[14:51.600 --> 15:00.240] of like once we have it in place, then we don't have to do it again and you will have
[15:00.240 --> 15:05.720] a set of law that is absolutely consistent.
[15:05.720 --> 15:12.360] It will always treat the elements and the issues related to those elements the same.
[15:12.360 --> 15:15.520] It won't miss anything.
[15:15.520 --> 15:21.280] Lawyers will have to use it because if they don't, what are they going to do if a pro
[15:21.280 --> 15:29.680] say comes in using this questionnaire and he hasn't missed anything and the lawyer comes
[15:29.680 --> 15:39.960] in using his art and he runs the risk of missing lots of things.
[15:39.960 --> 15:45.320] Lawyer does not want to lose to a pro say so this is why I say that we're going to get
[15:45.320 --> 15:50.000] lawyers we're going to eliminate the profession of lawyer and get lawyers to pay us to do
[15:50.000 --> 15:55.520] it because they'll just have no option.
[15:55.520 --> 16:02.400] For whatever reason nobody else has ever done this so once we have it in place the lawyers
[16:02.400 --> 16:07.560] will have to use it and the lawyers will build it for us.
[16:07.560 --> 16:11.680] All I need is the backbone down once I have the backbone down and they start using it
[16:11.680 --> 16:15.560] they're going to say hey wait a minute you got something missing right here and then
[16:15.560 --> 16:21.120] go in and put it in and another one says you got something missing over here and I'll put
[16:21.120 --> 16:22.120] that in.
[16:22.120 --> 16:23.120] They're going to build it for us.
[16:23.120 --> 16:26.040] Then they give it to the pro say and he'll wipe the floor with these other lawyers.
[16:26.040 --> 16:30.760] Okay I have a great fun with it we're getting a lot closer.
[16:30.760 --> 16:37.040] I do have it up on the web it's not getting much action lately so I'm reworking it so
[16:37.040 --> 16:42.920] that it is state generic so we can file it in any state in the union that way we can
[16:42.920 --> 16:46.720] start marketing on the web and maybe get some more action.
[16:46.720 --> 16:53.520] Okay hang on our calling lines are open 512-646-1984 we're about to go to break.
[16:53.520 --> 17:00.520] Randy Kelton we'll be right back.
[17:00.520 --> 17:01.520] Saying cookies.
[17:01.520 --> 17:02.520] Cookies?
[17:02.520 --> 17:03.520] Me love cookies.
[17:03.520 --> 17:06.520] Oh hi cookie munchers no these are yucky cookies.
[17:06.520 --> 17:07.520] Cookies?
[17:07.520 --> 17:08.520] Yucky?
[17:08.520 --> 17:09.520] No no bad cookies.
[17:09.520 --> 17:12.800] You can't even eat these cookies these are cyber cookies.
[17:12.800 --> 17:13.800] You can't eat?
[17:13.800 --> 17:17.240] No they are cyber cookies and they clog up your computer.
[17:17.240 --> 17:18.240] These have apples.
[17:18.240 --> 17:19.240] Really?
[17:19.240 --> 17:21.480] Oh that's an actual apple.
[17:21.480 --> 17:23.480] Yummy apple.
[17:23.480 --> 17:26.920] I'm going to throw away these yucky cookies in the trash.
[17:26.920 --> 17:33.080] I click control, shift, delete and then scroll down to cookies and clear them.
[17:33.080 --> 17:34.680] Bye bye yucky cookies.
[17:34.680 --> 17:40.320] Now I go to logosradionetwork.com and I click on the Amazon box on the upper right hand
[17:40.320 --> 17:46.320] side bookmark the link and I can go to Amazon through this link and order you some yummy
[17:46.320 --> 17:47.320] new cookie.
[17:47.320 --> 17:48.320] New cookies?
[17:48.320 --> 17:49.320] For me?
[17:49.320 --> 17:53.720] Consider it an early Christmas present and every time I order on Amazon I go through
[17:53.720 --> 17:57.640] this link and I give a little present to this radio network too.
[17:57.640 --> 17:58.640] These are cookies.
[17:58.640 --> 18:00.640] These look classified.
[18:00.640 --> 18:05.960] Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[18:05.960 --> 18:31.080] How to get debt collectors out of your credit reports, how to turn the financial tables on
[18:31.080 --> 18:34.200] them and make them pay you to go away.
[18:34.200 --> 18:39.320] The Michael Mearris proven method is the solution for how to stop debt collectors.
[18:39.320 --> 18:41.440] Personal consultation is available as well.
[18:41.440 --> 18:47.000] For more information please visit ruleoflawradio.com and click on the blue Michael Mearris banner
[18:47.000 --> 18:49.920] or email michaelmearris at yahoo.com.
[18:49.920 --> 18:58.960] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.960 --> 18:59.960] collectors now.
[18:59.960 --> 19:06.960] If you are listening to the Logos Radio Network, the Logos Radio Network is at yahoo.com.
[19:29.960 --> 19:38.120] Okay, we are back.
[19:38.120 --> 19:46.560] Randy Kelton, rule of the radio on this Friday the 4th day of August 2017 and we got a couple
[19:46.560 --> 19:47.560] of callers.
[19:47.560 --> 19:52.400] We're going to Willie and, no, I don't have a state on Willie.
[19:52.400 --> 19:53.900] Willie's not screened.
[19:53.900 --> 19:56.200] Willie, is this your first call?
[19:56.200 --> 20:00.200] Yes, this is my first call, Randy.
[20:00.200 --> 20:02.200] I didn't recognize Willie.
[20:02.200 --> 20:05.200] Okay, what do you have for us today?
[20:05.200 --> 20:09.960] Hey, Randy, I have a couple of questions for you.
[20:09.960 --> 20:13.960] I have an issue going on, Randy.
[20:13.960 --> 20:23.240] It's an issue like, I used to work for this temp company and I was just having a simple
[20:23.240 --> 20:29.840] conversation and then all of a sudden now it's like, the manager came to me and said,
[20:29.840 --> 20:33.240] well, you were saying some stuff to this young lady that was really unapproachable.
[20:33.240 --> 20:39.120] I said, well, I really wasn't doing the talk and she was doing the talking.
[20:39.120 --> 20:43.880] And I was just listening and all of a sudden now it's like, I feel that I got violated
[20:43.880 --> 20:51.280] by just, she let me go and I was doing a great job and all of a sudden now it's like, okay,
[20:51.280 --> 20:52.760] what should I do?
[20:52.760 --> 20:57.880] I mean, I don't want them to come and say, well, you harassed her or anything like that,
[20:57.880 --> 21:01.200] but I didn't, but I didn't get a chance to talk to her because she didn't want to talk
[21:01.200 --> 21:03.480] to me.
[21:03.480 --> 21:04.480] What state?
[21:04.480 --> 21:05.480] In Texas.
[21:05.480 --> 21:06.480] Texas.
[21:06.480 --> 21:17.960] Okay, Texas is not a right to work state like some are.
[21:17.960 --> 21:23.280] Pretty much you work at the pleasure of the boss.
[21:23.280 --> 21:34.840] Now there are, there is some case law that says that you accrue a interest in your occupation,
[21:34.840 --> 21:37.440] but it's really hard to establish.
[21:37.440 --> 21:40.920] There's not a, in Texas, not a whole lot you can do.
[21:40.920 --> 21:45.160] Now in other states, you think you were in California, there'd be a lot you could do.
[21:45.160 --> 21:46.160] Okay.
[21:46.160 --> 21:51.560] So you work for a temp agency, not to catch up, but if I worked for a temp agency like
[21:51.560 --> 21:57.760] I was and this happened, and I just don't want to come back on me and say, well, we
[21:57.760 --> 22:02.040] filed something against you to where, you know, you said that you said something appropriate
[22:02.040 --> 22:03.040] to her.
[22:03.040 --> 22:08.040] I'll say, well, I didn't say anything, so I was just listening to her.
[22:08.040 --> 22:14.920] Well, it's very rare that they were doing anything like that because then they can fire
[22:14.920 --> 22:18.040] you and not have much of an issue.
[22:18.040 --> 22:23.040] But if they prevent you from getting another job, then they're subject to be sued.
[22:23.040 --> 22:30.360] So they're, unless they have something really awful and concrete, they're not going to
[22:30.360 --> 22:35.920] say a word, because they don't want you coming back and suing them.
[22:35.920 --> 22:36.920] Okay.
[22:36.920 --> 22:37.920] Okay.
[22:37.920 --> 22:48.000] So in the next question I have, my son had the same name as me and I'm doing court on
[22:48.000 --> 22:53.000] the 10th of August and it's like a mistake and an idea to be me and him have the same
[22:53.000 --> 23:00.000] exact name but different birthdays and he don't have a license, but I do, but my license
[23:00.000 --> 23:07.120] is on file at the police department and then when I get the letters, I say, well, apparently
[23:07.120 --> 23:10.120] this is not me because I don't drive a dog.
[23:10.120 --> 23:12.120] I'm a truck driver.
[23:12.120 --> 23:17.120] Wait a minute.
[23:17.120 --> 23:18.120] Okay.
[23:18.120 --> 23:21.640] I'm a fake and I didn't be there for something.
[23:21.640 --> 23:22.640] I don't know.
[23:22.640 --> 23:23.640] That's the thing.
[23:23.640 --> 23:24.640] Yeah.
[23:24.640 --> 23:31.800] That's a great thing to get the thing tossed with.
[23:31.800 --> 23:39.080] If you have the officer there, then you ask him if he remembers stopping you.
[23:39.080 --> 23:40.080] Yeah.
[23:40.080 --> 23:49.360] Does the, is it just a, it's just a traffic ticket, right?
[23:49.360 --> 23:54.960] Well, you know, my son, he got, he got several traffic tickets, but he don't have a driving
[23:54.960 --> 23:55.960] license.
[23:55.960 --> 23:56.960] So therefore.
[23:56.960 --> 23:57.960] Okay.
[23:57.960 --> 24:01.760] Yeah, you need to go look at traffic ticket website.
[24:01.760 --> 24:03.280] Who wrote him the ticket?
[24:03.280 --> 24:04.280] Was it a DPS?
[24:04.280 --> 24:07.680] I think it was a police officer, I believe.
[24:07.680 --> 24:08.680] I'm not for sure.
[24:08.680 --> 24:09.680] Okay.
[24:09.680 --> 24:13.160] Let me make a correction there.
[24:13.160 --> 24:17.600] You said it was a police officer.
[24:17.600 --> 24:18.600] No, it wasn't.
[24:18.600 --> 24:27.440] If, if he was a department of public safety employee, he might have been a police officer.
[24:27.440 --> 24:32.640] But in Texas, we have two different definitions.
[24:32.640 --> 24:38.400] In Texas, we have peace officers and we have police officers.
[24:38.400 --> 24:47.040] A peace officer is someone authorized to enforce the penal laws of the state of Texas.
[24:47.040 --> 24:51.160] A police officer is a traffic cop.
[24:51.160 --> 24:52.320] Okay.
[24:52.320 --> 24:55.960] And that's, that's DPS.
[24:55.960 --> 25:04.600] If this guy is a municipal police officer, he has no authority to enforce the transportation
[25:04.600 --> 25:06.400] code.
[25:06.400 --> 25:10.000] Zero.
[25:10.000 --> 25:18.360] The only thing a city can do concerning the transportation code is they can have one officer
[25:18.360 --> 25:22.800] certified to do DOT inspections.
[25:22.800 --> 25:24.920] That's it.
[25:24.920 --> 25:32.640] Now if he's a sheriff's deputy, the sheriff's department can appoint, I'm sorry, not the
[25:32.640 --> 25:41.200] sheriff's department, the county commissioners court can appoint five deputies to enforce
[25:41.200 --> 25:47.760] the transportation code and they have to ride motorcycles.
[25:47.760 --> 25:52.920] Takes transportation code 7.701.001 through 003.
[25:52.920 --> 25:56.360] It's real clear.
[25:56.360 --> 25:57.360] That's it.
[25:57.360 --> 26:04.320] If, if he's not a DPS or a sheriff's deputy, one of these five sheriff deputies in any
[26:04.320 --> 26:08.760] given county, that's all.
[26:08.760 --> 26:16.920] So have him, if he's got several tickets, have him go on trafficticket.website.
[26:16.920 --> 26:25.160] But in ticket information, we're downloading a set of documents that bring these issues.
[26:25.160 --> 26:27.920] We'll give them reason to dismiss.
[26:27.920 --> 26:35.440] Well, I think what I would do is I have to go to court on the 10th and I've been trying
[26:35.440 --> 26:41.120] to get in contact with the people at the, they told me the municipal court here in Texas,
[26:41.120 --> 26:50.400] at Austin, they told me to get in contact with a lady that's the mistaken identity person,
[26:50.400 --> 26:54.440] but I've been calling her for a week, no answer, no call back, no nothing.
[26:54.440 --> 26:55.440] So...
[26:55.440 --> 27:00.000] Oh, oh, you could have so much fun with this one.
[27:00.000 --> 27:05.920] Well, show me how to have fun, man, because I'm a sheriff's deputy.
[27:05.920 --> 27:10.080] If this is your first call, have you been listening to the show for a while?
[27:10.080 --> 27:14.520] I've been listening to it for a while, but one of my buddies told me about it and I can't
[27:14.520 --> 27:16.320] get enough knowledge.
[27:16.320 --> 27:17.320] Okay.
[27:17.320 --> 27:18.320] So...
[27:18.320 --> 27:19.320] Last night.
[27:19.320 --> 27:22.320] And tonight, and then I'm listening on Monday too.
[27:22.320 --> 27:24.720] Okay, you're clean.
[27:24.720 --> 27:27.280] They don't have a shot at you.
[27:27.280 --> 27:30.080] They made a mistake.
[27:30.080 --> 27:35.880] So they wrote your son a ticket for no driver's license and you go in there and say, you don't
[27:35.880 --> 27:43.160] need to say anything about the mistaken identity, you say, yeah, I'm Willie and here's my driver's
[27:43.160 --> 27:44.160] license.
[27:44.160 --> 27:45.160] I don't know what that cop's talking about.
[27:45.160 --> 27:47.640] I don't know anything about this ticket.
[27:47.640 --> 27:52.680] I think you guys are all screwed up here, showing the license, and most likely they'll
[27:52.680 --> 27:54.680] just dismiss it.
[27:54.680 --> 27:55.680] Okay.
[27:55.680 --> 28:04.880] Because if they think you're the son, then poof, it's gone for your son.
[28:04.880 --> 28:08.360] And then you can go back after him for making you come down there.
[28:08.360 --> 28:11.800] What I'm going to do after is...
[28:11.800 --> 28:16.120] You have lots of fun.
[28:16.120 --> 28:20.760] Well, show me how to pull that string around and go, I got to miss work.
[28:20.760 --> 28:22.880] I got to be there eight o'clock in the morning.
[28:22.880 --> 28:26.800] So therefore when I go down there, I mean, it's plainly going to say, you know, but when
[28:26.800 --> 28:33.200] I went down to the Mr. Court, they told me, well, did your son have access to your driver's
[28:33.200 --> 28:35.200] license?
[28:35.200 --> 28:37.520] I said, no, I've been on the road for the last six months.
[28:37.520 --> 28:42.160] I had to come out the road and just come and take care of this because I kept getting
[28:42.160 --> 28:46.680] letters in the mail saying, well, you owe this money, you owe this money, you owe this money.
[28:46.680 --> 28:49.200] But I'm like, okay, it's junior, not senior.
[28:49.200 --> 28:54.800] Well, just don't say anything about it and then you get to sue them over it.
[28:54.800 --> 29:03.600] You get to file against them for initiating a simulating legal process, all kinds of stuff
[29:03.600 --> 29:04.600] you get to do.
[29:04.600 --> 29:12.320] Okay, on tickets, the only reason they can order you to come to court is for a motions
[29:12.320 --> 29:17.280] hearing or for a trial on the merits.
[29:17.280 --> 29:20.720] So why have you been ordered to come to court tomorrow?
[29:20.720 --> 29:24.960] No, no, it's on the 10th, I'll be there on the 10th.
[29:24.960 --> 29:35.240] Okay, okay, okay, on the 10th, on the 10th, you have a summons to be in court?
[29:35.240 --> 29:38.400] How do you know you got to be there on the 10th?
[29:38.400 --> 29:43.400] Well, when I went down to the Mr. Court in Austin, I went down and talked to people at
[29:43.400 --> 29:44.400] the window.
[29:44.400 --> 29:47.440] I said, hey, well, you know, I think you guys made it with saying, well, let me see your
[29:47.440 --> 29:48.440] license.
[29:48.440 --> 29:49.440] Okay, when is your birthday?
[29:49.440 --> 29:51.560] I mean, they got my license and everything.
[29:51.560 --> 29:55.320] And then they say, well, we're going to see into the into the judge to talk to her.
[29:55.320 --> 29:56.320] I went in there.
[29:56.320 --> 30:03.480] She, I guess it wasn't about a number of me, I guess she was energy drinks are all the
[30:03.480 --> 30:04.480] rage these days.
[30:04.480 --> 30:09.320] But nowadays, even young children are chugging beverages like Red Bull and Rockstar on the
[30:09.320 --> 30:11.320] way to school under Catherine Albright.
[30:11.320 --> 30:15.360] And I'll be back in a moment with more on this dangerous trend.
[30:15.360 --> 30:17.360] Privacy is under attack.
[30:17.360 --> 30:20.960] When you give up data about yourself, you'll never get it back again.
[30:20.960 --> 30:25.760] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.760 --> 30:27.200] So protect your rights.
[30:27.200 --> 30:30.840] Say no to surveillance and keep your information to yourself.
[30:30.840 --> 30:33.520] Privacy, it's worth hanging on to.
[30:33.520 --> 30:37.840] This public service announcement is brought to you by StartPage.com, the private search
[30:37.840 --> 30:41.320] engine alternative to Google, Yahoo, and Bing.
[30:41.320 --> 30:44.600] Start over with StartPage.
[30:44.600 --> 30:48.480] They say that waking up is hard to do.
[30:48.480 --> 30:53.600] It's tough rolling out of bed in the morning, but now even young people are turning to caffeinated
[30:53.600 --> 30:56.080] energy drinks to kickstart their days.
[30:56.080 --> 31:00.600] According to the Journal of Pediatrics, up to 50% of American youth are consuming them
[31:00.600 --> 31:02.200] despite the risks.
[31:02.200 --> 31:04.600] Many of these drinks contain large amounts of caffeine.
[31:04.600 --> 31:10.240] Eight ounces of Red Bull, for example, contains about the same caffeine as a cup of coffee.
[31:10.240 --> 31:14.520] Pediatricians caution that youngsters can have a difficult time handling the caffeine rush.
[31:14.520 --> 31:19.120] While many kids just get wired or irritable, other potential effects include seizures,
[31:19.120 --> 31:23.120] heart palpitations, strokes, or even sudden death.
[31:23.120 --> 31:52.120] Under Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:53.120 --> 32:13.120] We're going to have to stand and defend our own rights.
[32:13.120 --> 32:16.200] Among those rights are the right to travel freely from place to place, the right to act
[32:16.200 --> 32:20.200] in our own private capacity, and most importantly, the right to due process of law.
[32:20.200 --> 32:24.200] Courts afford us the least expensive opportunity to learn how to enforce and preserve our
[32:24.200 --> 32:25.200] rights through due process.
[32:25.200 --> 32:29.400] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule Law Radio, has put together the
[32:29.400 --> 32:33.160] most comprehensive teaching tool available that will help you understand what due process
[32:33.160 --> 32:35.560] is and how to hold courts to the rule of law.
[32:35.560 --> 32:39.560] You can get your own copy of this invaluable material by going to rulelawradio.com and
[32:39.560 --> 32:40.880] ordering your copy today.
[32:40.880 --> 32:44.240] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.240 --> 32:48.680] The Law vs. the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.680 --> 32:50.680] documents and other useful resource material.
[32:50.680 --> 32:53.680] Learn how to fight for your rights with the help of this material from rulelawradio.com.
[32:53.680 --> 32:58.680] Order your copy today and together we can have free society we all want and deserve.
[32:58.680 --> 33:09.680] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:09.680 --> 33:24.680] Okay, we are back.
[33:24.680 --> 33:30.680] Randy Kelton, Rule Law Radio, I kind of stumbled off the cliff last time.
[33:30.680 --> 33:34.360] Okay, Willie, you kind of got a free ride here.
[33:34.360 --> 33:42.000] The fact that you have your torque driver, you have a CDL, that makes this a lot more
[33:42.000 --> 33:43.000] serious.
[33:43.000 --> 33:51.640] And the fact that they're forcing you to take your time to come down there, you might consider
[33:51.640 --> 33:54.360] billing them for your time.
[33:54.360 --> 33:58.360] I'm sure that would be great.
[33:58.360 --> 34:05.360] I guarantee you, Randy, if you walk me through it, I'm definitely going to pull their chain
[34:05.360 --> 34:06.360] real tight.
[34:06.360 --> 34:11.840] Well, you said not to put it too tight, but I'm going to put it a little bit.
[34:11.840 --> 34:16.200] That's a great practice.
[34:16.200 --> 34:25.080] And what happens is, is when you start kicking them around this way, you get put on the list.
[34:25.080 --> 34:36.440] And the list says, don't do not detain, and leave this no good scoundrel alone, because
[34:36.440 --> 34:42.080] he has the audacity to fight back.
[34:42.080 --> 34:43.920] And they want you to be an easy mark.
[34:43.920 --> 34:50.240] And Austin's a good one to do that too, especially when they have no claim against you.
[34:50.240 --> 34:57.200] And you can prove that you had a valid license at the time, they claim that you didn't.
[34:57.200 --> 35:05.760] Then you bill them, well, send me an email on this, I need to kind of structure what
[35:05.760 --> 35:09.480] is actually going on here a little bit first.
[35:09.480 --> 35:16.160] But for your son, for the other citations he has, send him to trafficticket.website.
[35:16.160 --> 35:23.160] I'll drop him down about a hundred pages of documents that he filed in the case.
[35:23.160 --> 35:28.600] And the first thing we do is challenge subject manager jurisdiction.
[35:28.600 --> 35:39.760] And demand that the officer who made the original stop prove up his authority to pull you over.
[35:39.760 --> 35:49.080] If he can't prove that he had authority to pull you over under 545.451, I believe is
[35:49.080 --> 35:55.320] the statute, that requires you to pull over and stop when they turn their lights on you.
[35:55.320 --> 35:57.760] And that's only under the transportation code.
[35:57.760 --> 36:04.080] If he doesn't have authority to enforce the transportation code, then he impersonated a
[36:04.080 --> 36:06.400] public official.
[36:06.400 --> 36:11.440] He exerted or purported to exert an authority he did not expressly have, and in the process
[36:11.440 --> 36:14.160] 9 June for Re-access Tour in Jordan been right.
[36:14.160 --> 36:18.600] That's class A misdemeanor official with official oppression.
[36:18.600 --> 36:30.760] But he also did so while impersonating a police officer, when he was actually a peace officer.
[36:30.760 --> 36:34.760] Impersonating a public official is a state jail felon named Texas.
[36:34.760 --> 36:40.800] Except, if you commit simple assault, when he turned his lights on you, he arrested your
[36:40.800 --> 36:48.360] freedom of movement and seized you for purposes of Fourth Amendment.
[36:48.360 --> 36:51.480] And this is for your son.
[36:51.480 --> 36:54.480] And he did so without authority.
[36:54.480 --> 36:59.880] Now I call that assault, because you only stopped based on the threat of the use of
[36:59.880 --> 37:07.360] the Fourth or Deadly Force, which the statute authorizes him to do when he has authority.
[37:07.360 --> 37:10.480] So he puts you life at risk, you have to stop.
[37:10.480 --> 37:11.920] I call that simple assault.
[37:11.920 --> 37:16.640] You commit simple assault and you are prominently displaying a deadly weapon.
[37:16.640 --> 37:19.320] That's a felony of the second degree.
[37:19.320 --> 37:28.040] Unless you are a public official acting under the color or pretense of an official capacity,
[37:28.040 --> 37:31.120] in which case it's a felony of the first degree.
[37:31.120 --> 37:41.240] Sorry guys, I didn't write the code, I just read it, that's what it says.
[37:41.240 --> 37:46.000] Cop pulls me over, said Mr. Kelton, you know why I stopped you.
[37:46.000 --> 37:47.920] I said no, but I think you're going to tell me.
[37:47.920 --> 37:51.760] He said your registration has expired.
[37:51.760 --> 37:56.880] I said only two years, what's the problem?
[37:56.880 --> 38:03.040] He went back to write a ticket, I dialed 911.
[38:03.040 --> 38:07.800] He's a sheriff's deputy, he's not on a motorcycle, so I have reason to believe that he is not
[38:07.800 --> 38:11.440] authorized to enforce text transportation code.
[38:11.440 --> 38:16.800] So I want him arrested for first degree felony aggravated assault.
[38:16.800 --> 38:27.320] When he came back with the ticket, he was so furious, he was shaking.
[38:27.320 --> 38:31.120] Okay, Beva, you want to play hardball?
[38:31.120 --> 38:36.360] He was so angry, he wrote the ticket for the wrong precinct.
[38:36.360 --> 38:44.040] The precinct on the end, we have a JP's real sweet young woman, she's just a great person,
[38:44.040 --> 38:51.720] I don't want to beat her up, but the precinct he wrote it for, precinct two, we're in precinct
[38:51.720 --> 39:00.840] three, is an ex cop and his office is in the jail and he is an arrogant jerk.
[39:00.840 --> 39:06.840] I hammered him once before I went in his court and just bushwacked him.
[39:06.840 --> 39:12.920] He got all huffy puffy and threw me out of the courtroom, so I went to the next JP and
[39:12.920 --> 39:17.000] asked to her to issue a warrant to have him arrested.
[39:17.000 --> 39:23.080] She refused, so I went to the district attorney and demanded that he give my complaints against
[39:23.080 --> 39:28.160] the second JP to the grand jury for not arresting the first JP.
[39:28.160 --> 39:32.240] Oh, that was so much fun.
[39:32.240 --> 39:38.040] So the cop wrote it for this Johnson, I get to beat him up again.
[39:38.040 --> 39:42.560] Oh wonderful, you guys want to write me tickets?
[39:42.560 --> 39:46.000] That's so fun, we'll see how this works for you.
[39:46.000 --> 39:51.160] So you can do that with him since they didn't even write you one.
[39:51.160 --> 39:54.240] No, they didn't write you one.
[39:54.240 --> 40:00.600] Since they didn't write you one, the judge should lack subject matter jurisdiction from
[40:00.600 --> 40:10.680] the get go and you know what that means in terms of civil litigation, that means he has
[40:10.680 --> 40:15.440] no immunity of any kind.
[40:15.440 --> 40:23.440] So you make up a suit against him for the time it costs you to take off your job off
[40:23.440 --> 40:29.800] the road and come into here and all these loads you missed because you had to come in
[40:29.800 --> 40:35.960] off the road to come into this court, he owes you all of that back.
[40:35.960 --> 40:44.640] There's a dime of it, it's almost, I've been off the road in June and it's all good.
[40:44.640 --> 40:53.520] Yeah, it's been two months off the road because of this, it's all his fault, sue him for the
[40:53.520 --> 40:54.520] full amount.
[40:54.520 --> 41:03.840] Then he's going to claim immunity and you're, rather he gets immunity or not, does not go
[41:03.840 --> 41:07.720] to what you can prove.
[41:07.720 --> 41:14.200] It goes to the claim that you made.
[41:14.200 --> 41:24.160] So if you claim that he had, that you were not issued a citation, that the citation
[41:24.160 --> 41:29.360] claims that you didn't have a valid driver's license when you did have a valid driver's
[41:29.360 --> 41:36.960] license, that the citation was insufficient to invoke the subject matter jurisdiction
[41:36.960 --> 41:44.800] of the court and the court had a duty to determine that it had subject matter jurisdiction.
[41:44.800 --> 41:51.880] We had a judge, Judge Evans, the JP in the county courthouse there in Austin, when we
[41:51.880 --> 42:01.480] sued him over a credit card issue, lawyers filed a credit card case and there was an
[42:01.480 --> 42:08.920] affidavit that the statute, that the rules of court required that the lawyer file with
[42:08.920 --> 42:12.640] the suit, he didn't file the affidavit.
[42:12.640 --> 42:17.040] So the filing was incomplete and therefore insufficient to invoke subject matter jurisdiction
[42:17.040 --> 42:23.200] of the court, so he sued the judge for impersonating a public official.
[42:23.200 --> 42:28.920] He got real excited and said, well, I forget the guy's name, he said, it's not my place
[42:28.920 --> 42:32.760] to determine jurisdiction, you have to do that.
[42:32.760 --> 42:38.880] He took the instruction well, he said, with all due respect, your honor, before you send
[42:38.880 --> 42:43.320] me a notice ordering me to come to your court and threatening me with all the things you
[42:43.320 --> 42:51.160] will do to me if I don't come, you may need to make sure you have authority to do that
[42:51.160 --> 42:55.960] and that's exactly what the case law goes to.
[42:55.960 --> 43:03.920] The judge is the one that has to prove up jurisdiction, but the officer who wrote the
[43:03.920 --> 43:10.120] citation had no power to write it and the judge had a duty to know that.
[43:10.120 --> 43:17.400] So you cost me all this time and all this aggravation, suing for 10 grand, that gets
[43:17.400 --> 43:26.320] you in a JP court and only costs 60 bucks to file it, cheapest legal education you ever
[43:26.320 --> 43:27.320] get.
[43:27.320 --> 43:33.240] And guess what, and Randy, and I'm going to win too.
[43:33.240 --> 43:38.480] Yeah, well, now you won't win, they'll rule against you out of hand at every turn no matter
[43:38.480 --> 43:40.480] what.
[43:40.480 --> 43:46.240] You're dealing with a bunch of criminals, but every time they do, you get the bargreef
[43:46.240 --> 43:51.920] of the prosecutors, you get to, if the judge, if it's a municipal court, he's got to be
[43:51.920 --> 43:57.200] a lawyer, you bargreef him too, and he's going to why I didn't say, oh, you can't bargreef
[43:57.200 --> 44:06.040] me because I'm not acting under my, it's the 2017 Logos Radio Network annual fundraiser
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[44:40.600 --> 44:43.120] That's LogosRadioNetwork.com.
[44:43.120 --> 44:48.160] Also if you purchase Randy Kelton's e-book, Legal101, you get four chances to win.
[44:48.160 --> 44:51.400] Purchase Eddie Craig's traffic seminar, get 10 chances to win.
[44:51.400 --> 44:54.800] And remember, every $25 donation is a chance to win.
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[45:01.280 --> 45:04.480] Are you the plaintiff or defendant in a lawsuit?
[45:04.480 --> 45:11.240] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[45:11.240 --> 45:15.240] that will show you how in 24 hours, step-by-step.
[45:15.240 --> 45:19.000] If you have a lawyer, know what your lawyer should be doing.
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[45:43.680 --> 45:49.840] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.840 --> 45:52.440] prosa tactics, and much more.
[45:52.440 --> 46:00.440] Please visit LulevLawRadio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:22.440 --> 46:34.320] Okay, we are back, Randy Kelton at LulevLawRadio, and I went off the cliff again, I'm having
[46:34.320 --> 46:37.320] way too much fun here.
[46:37.320 --> 46:43.440] Me too, Randy, because you featured me a lot, and Randy, I just wanted to spell your last
[46:43.440 --> 46:44.440] name for me.
[46:44.440 --> 46:45.440] Me, Kelton.
[46:45.440 --> 46:46.440] K-E-L-T-O-N.
[46:46.440 --> 46:47.440] K-E-L-T-O-N?
[46:47.440 --> 46:48.440] Yep.
[46:48.440 --> 46:58.800] Just, you can email me randy at ruleoflawradio.com.
[46:58.800 --> 46:59.800] I got you.
[46:59.800 --> 47:00.800] I got it.
[47:00.800 --> 47:01.800] I got it.
[47:01.800 --> 47:02.800] I wrote it down.
[47:02.800 --> 47:07.720] And what I do, I'm out with my new wife.
[47:07.720 --> 47:13.360] I got mad about it a couple weeks ago, Randy, so we have right now, so I'm in my car listening
[47:13.360 --> 47:17.880] to you talking to you on my cell, so what I'm going to do, I'm going to go back.
[47:17.880 --> 47:22.960] And when I get home, I get on my laptop, and I'm going to email you all this stuff here
[47:22.960 --> 47:28.960] in the case, in the letter, what they send me, and then you can just shoot me all the
[47:28.960 --> 47:30.800] paperwork I need to go back of.
[47:30.800 --> 47:32.840] I'm going to be ready for them on Tuesday.
[47:32.840 --> 47:35.120] Okay, I'll get it for you.
[47:35.120 --> 47:36.120] Oh, yes, indeed.
[47:36.120 --> 47:43.280] I mean, I was just telling my wife about it, I said, we need to listen to Randy every night
[47:43.280 --> 47:47.600] and then plus the gentleman on Monday, because I was listening to you last night.
[47:47.600 --> 47:48.600] And then I...
[47:48.600 --> 47:56.120] Now, wait a minute, gentlemen and guy on Monday is a contradiction of terms.
[47:56.120 --> 47:59.240] Okay, I'm sorry.
[47:59.240 --> 48:01.840] I know Eddie, and he's no gentleman.
[48:01.840 --> 48:04.800] Okay, okay, Eddie then.
[48:04.800 --> 48:10.640] That's okay, he don't cut me any slack either.
[48:10.640 --> 48:22.320] You guys are great to be because I'm going to have a bunch of fun with these guys.
[48:22.320 --> 48:23.320] This is good.
[48:23.320 --> 48:28.400] This gives you an understanding of how to deal with them.
[48:28.400 --> 48:35.080] So you're not tricked by what you've been led to believe that's not true.
[48:35.080 --> 48:36.080] Okay.
[48:36.080 --> 48:45.840] Okay, thanks a lot, Willie, and keep us in touch, give me an email, we'll get something
[48:45.840 --> 48:46.840] going.
[48:46.840 --> 48:51.880] Okay, I'll shoot that email to you as soon as I get home, okay, Randy?
[48:51.880 --> 48:53.440] Okay, thank you.
[48:53.440 --> 48:57.160] Okay, now we're going to go to Sonny in Georgia.
[48:57.160 --> 48:59.160] Hello, Sonny.
[48:59.160 --> 49:03.320] Hello, Randy, and good evening, how are you doing?
[49:03.320 --> 49:04.320] I'm doing good.
[49:04.320 --> 49:07.320] How are things going there in Georgia?
[49:07.320 --> 49:11.680] Well, they're going pretty good.
[49:11.680 --> 49:25.240] I had a hearing on Tuesday, which it went just for a little while and got continued to
[49:25.240 --> 49:29.240] the 29th.
[49:29.240 --> 49:36.120] So one of the questions that I've got for you is concerning, I think one of the last
[49:36.120 --> 49:44.880] times we were talking about the sheriff's deputies and the police officers and how they
[49:44.880 --> 49:50.920] get their authority, where it comes from as it relates to the state code and that sort
[49:50.920 --> 49:51.920] of thing.
[49:51.920 --> 49:59.400] One of the things that I found, since I am dealing with a county sheriff's deputy, is
[49:59.400 --> 50:08.840] that in the county code, it actually says that in one of their codes that the uniform
[50:08.840 --> 50:16.240] rules of the road and the definitions of the Georgia code are hereby adopted for traffic
[50:16.240 --> 50:19.040] regulations of this county.
[50:19.040 --> 50:28.640] So I guess one of my questions is, am I actually in violation of a county code rather than
[50:28.640 --> 50:31.600] a Georgia code?
[50:31.600 --> 50:33.080] That is a good question.
[50:33.080 --> 50:44.240] That will depend on the content of the complaint.
[50:44.240 --> 50:48.560] Does it not tell you?
[50:48.560 --> 50:58.440] It references the Georgia code sections, but in this Newton County code, it references
[50:58.440 --> 51:03.600] the Georgia code as the place where the uniform rules of the road are found.
[51:03.600 --> 51:13.320] So it can be either or, but the sheriff's deputy, his jurisdiction stops at the county
[51:13.320 --> 51:23.360] line, which makes it seem that, okay, he's actually just enforcing a county code, which
[51:23.360 --> 51:28.400] references the rules in the Georgia code.
[51:28.400 --> 51:30.400] Okay.
[51:30.400 --> 51:38.560] So the question would be, is that a distinction without a difference?
[51:38.560 --> 51:50.840] Well, I have, that's what I'm trying to get some clarity on, because I have heard some
[51:50.840 --> 52:03.200] people talk about that county codes are things that you actually have to agree to be regulated
[52:03.200 --> 52:12.240] by or that they apply to land that the county owns or that they have contracted with someone
[52:12.240 --> 52:13.240] else.
[52:13.240 --> 52:19.720] For example, if someone with a private road contracted with the county to enforce the
[52:19.720 --> 52:27.240] rules of the road, then they could, then the deputies could enforce the rules of the road
[52:27.240 --> 52:32.440] because of the contract, otherwise they wouldn't have jurisdiction on that private road to
[52:32.440 --> 52:37.160] enforce the traffic code.
[52:37.160 --> 52:39.960] That is a good point.
[52:39.960 --> 52:43.760] How would you make that distinction?
[52:43.760 --> 52:50.960] This is, this is a really fine line to try to draw, especially in a traffic case.
[52:50.960 --> 53:01.840] And while I've heard that the arguments that you have to contract with them, the fact that
[53:01.840 --> 53:12.560] you are taking advantage of their, the highways that they created, I would think that would
[53:12.560 --> 53:20.560] engage you in an adhesion contract when you enjoy the benefits, then you're subject to
[53:20.560 --> 53:23.760] the restrictions.
[53:23.760 --> 53:29.120] That, that's a possibility.
[53:29.120 --> 53:37.480] I know there was a thing that- Were you on a United States defense highway, an interstate?
[53:37.480 --> 53:38.480] No.
[53:38.480 --> 53:40.840] Okay, because that's not a county road.
[53:40.840 --> 53:42.840] Were you on a U.S. highway?
[53:42.840 --> 53:48.040] No, I don't believe that it's a U.S. highway.
[53:48.040 --> 53:55.440] Okay, and you were on a, there were a fair that at least belonged to the state if almost
[53:55.440 --> 54:02.280] certainly belonged to the county because agility is the county that's responsible for the roads.
[54:02.280 --> 54:09.040] So that would put you in an adhesion contract with the county because you are enjoying the
[54:09.040 --> 54:16.880] benefit of something produced by the county and that would generally engage you in a contract
[54:16.880 --> 54:20.000] with them.
[54:20.000 --> 54:25.440] That's definitely a possibility.
[54:25.440 --> 54:33.000] One of the things in the hearing, one of the things that I'm doing is I am challenging
[54:33.000 --> 54:43.400] territorial jurisdiction and they have not yet been able to prove that they have authority
[54:43.400 --> 54:54.560] to apply the rules to the place that they stayed, that the infractions took place.
[54:54.560 --> 55:01.360] Both officers have been on the stand and every time they would make reference to the county
[55:01.360 --> 55:09.360] or the state, I would object and say that there were asserting facts not in evidence
[55:09.360 --> 55:15.720] because the ownership of that land is something that's provable by fact.
[55:15.720 --> 55:25.640] You can prove by deeds and records and so the best evidence rule would require a paper
[55:25.640 --> 55:33.920] trail proving ownership and then with a witness to verify and the judge did not overrule me
[55:33.920 --> 55:42.920] but then I don't remember him sustaining my objection either but they weren't able to
[55:42.920 --> 55:52.800] prove that they actually had authority to apply the rules to that land.
[55:52.800 --> 55:55.600] Now that is interesting.
[55:55.600 --> 56:00.440] That's kind of where I was going to go with the challenge of subject matter jurisdiction.
[56:00.440 --> 56:04.720] It doesn't matter if they have it or not.
[56:04.720 --> 56:05.880] They have to prove it.
[56:05.880 --> 56:10.960] Once you challenge it, now they have to prove it.
[56:10.960 --> 56:20.240] If they don't prove it, even if they actually had it, they wave it.
[56:20.240 --> 56:27.080] So we've been filing these in traffic cases here and the judges just blow them off.
[56:27.080 --> 56:32.080] The prosecutors don't answer, the judge just denies it.
[56:32.080 --> 56:38.800] Well, what the case law says, once it's challenged it must be proven.
[56:38.800 --> 56:46.280] So you're challenging the fact that the county owns this property and has been in these officers
[56:46.280 --> 56:53.000] have the authority to enforce, they have to prove it up.
[56:53.000 --> 56:58.440] If they don't, the appeals court can't just say, well, they had jurisdiction.
[56:58.440 --> 57:00.840] No, that's not what the law says.
[57:00.840 --> 57:05.280] The law says they've got to prove it.
[57:05.280 --> 57:09.680] So the appeals court gets to look at it and say, did they prove jurisdiction?
[57:09.680 --> 57:15.000] So it sounds like you have an interesting issue.
[57:15.000 --> 57:23.560] But frankly, your level of sophistication surprises me.
[57:23.560 --> 57:30.960] You've been calling in this show for quite a while and you have become relatively pretty
[57:30.960 --> 57:34.880] sophisticated in your arguments with these guys.
[57:34.880 --> 57:35.880] I'm impressed.
[57:35.880 --> 57:46.280] Well, thank you, I've got to give the good Lord credit for giving me a brain and people
[57:46.280 --> 57:53.480] like yourself who have given me ideas to go in there and try.
[57:53.480 --> 58:03.080] If it had not been, I'll say if it had not been for the health and the ideas and the
[58:03.080 --> 58:10.160] teachings that you have helped not only me but so many other people with on helping to
[58:10.160 --> 58:16.760] get these judges' attention and the prosecutor's attention, I have no doubt I would have already
[58:16.760 --> 58:18.480] been railroaded by now.
[58:18.480 --> 58:26.640] But because of me using some of the strategies that you teach, the judge and the prosecutor
[58:26.640 --> 58:33.880] have both had serious attitude adjustments and I want to thank you for just for doing
[58:33.880 --> 58:34.880] everything that you do.
[58:34.880 --> 58:37.080] So just definitely help me.
[58:37.080 --> 58:41.960] Well, I'm pleased to hear your level of sophistication, Matt.
[58:41.960 --> 58:50.440] That tells me I'm doing my job right and that you're definitely doing your homework.
[58:50.440 --> 58:54.560] Would you like to make more definite progress in your walk with God?
[58:54.560 --> 58:59.800] Schools for America is offering a free study Bible and a set of free Christian books that
[58:59.800 --> 59:01.120] can really help.
[59:01.120 --> 59:05.440] The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.440 --> 59:06.440] today.
[59:06.440 --> 59:10.480] It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.480 --> 59:13.600] to know God and to know the meaning of life.
[59:13.600 --> 59:18.840] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.840 --> 59:23.120] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.120 --> 59:28.040] of salvation, growing in Christ and how to build up the church.
[59:28.040 --> 59:33.080] To order your free New Testament recovery version and Basic Elements of the Christian
[59:33.080 --> 59:49.360] Life, call Bibles for America toll free at 888-551-0102 or visit us online at bfa.org.
[59:49.360 --> 01:00:05.080] The following news flash is brought to you by The Lowest Star Lowdown.
[01:00:05.080 --> 01:00:11.440] Markets for Wednesday the 26th of July, 2017 are currently trading with gold at $1,260.75
[01:00:11.440 --> 01:00:18.800] in ounce, silver $16.69 in ounce, Texas crude $47.89 a barrel, and Bitcoin is sitting a
[01:00:18.800 --> 01:00:22.840] little over $2,474 U.S. currency.
[01:00:22.840 --> 01:00:30.640] Today in History, the year 1938, an unprecedented swarm of grasshoppers descends on crops throughout
[01:00:30.640 --> 01:00:33.880] the American heartland, devastating millions of acres.
[01:00:33.880 --> 01:00:38.640] Iowa, Nebraska, and South Dakota, already in the midst of a bad drought, suffered the
[01:00:38.640 --> 01:00:41.480] most from this grasshopper disaster.
[01:00:41.480 --> 01:00:46.680] Today in History.
[01:00:46.680 --> 01:00:50.640] Using recent news, yesterday, Tuesday, police chiefs from three of the five biggest cities
[01:00:50.640 --> 01:00:54.800] in the state spoke out at the Texas Capitol against the transgender bathroom bill being
[01:00:54.800 --> 01:00:59.640] considered by the Republican legislator as discriminatory and in divergence of resources
[01:00:59.640 --> 01:01:01.320] that won't keep people safe.
[01:01:01.320 --> 01:01:05.640] The police chiefs were joined by public school officials, advocates for sexual assault survivors,
[01:01:05.640 --> 01:01:09.720] representatives from the Harris County and El Paso Sheriff's offices, the Corpus Christi
[01:01:09.720 --> 01:01:12.320] ISD chief of police and others.
[01:01:12.320 --> 01:01:17.080] The main issue, as Austin police chief Brian Manley put it, is that if, quote, a bill like
[01:01:17.080 --> 01:01:21.720] this were to be passed, that would pull police officers time away from combating violent
[01:01:21.720 --> 01:01:27.080] crime into enforcing a bathroom bill, it makes communities less safe, since it is time not
[01:01:27.080 --> 01:01:29.440] spent ensuring community safety.
[01:01:29.440 --> 01:01:33.160] The legislation which restricts bathroom use in schools and local government buildings
[01:01:33.160 --> 01:01:37.480] by superseding and nullifying parts of local non-discrimination ordinances meant to allow
[01:01:37.480 --> 01:01:42.280] transgender residents, which make up less than 1% of the population, the claim to use
[01:01:42.280 --> 01:01:44.320] the public bathroom of their choice.
[01:01:44.320 --> 01:01:46.920] The bill did pass just after midnight last night.
[01:01:46.920 --> 01:01:55.920] The Senate voted 21 to 10 and it now goes to the House for consideration.
[01:01:55.920 --> 01:02:00.480] An information technology staffer for former chairwoman of the Democratic National Committee,
[01:02:00.480 --> 01:02:05.280] Representative Debbie Wasserman Schultz, Democrat from Florida, Imran Awan, a 37-year-old, was
[01:02:05.280 --> 01:02:10.440] arrested on Monday by FBI agents in U.S. Capitol Police at Dooley's International Airport while
[01:02:10.440 --> 01:02:12.920] attempting to flee to Lahore, Pakistan.
[01:02:12.920 --> 01:02:16.760] He was charged with big fraud in the U.S. District Court on Tuesday where he pleaded
[01:02:16.760 --> 01:02:18.120] not guilty.
[01:02:18.120 --> 01:02:22.000] According to federal court documents, officials were accusing Awan and his wife, Kina Alvi,
[01:02:22.000 --> 01:02:27.400] of defrauding the Congressional Federal Credit Union of $165,000 by lying on a home equity
[01:02:27.400 --> 01:02:32.100] loan application and not listing the home that they were getting the loan for as a rental
[01:02:32.100 --> 01:02:33.100] property.
[01:02:33.100 --> 01:02:37.480] Awan was released and is under a high-intensity supervision program with his hearing scheduled
[01:02:37.480 --> 01:02:39.000] for the 21st of August.
[01:02:39.000 --> 01:02:43.760] Awan's lawyer Christopher Gowan said that the charges are politically motivated and,
[01:02:43.760 --> 01:02:49.960] quote, began as part of a frenzy of anti-Muslim bigotry in the literal heart of our democracy,
[01:02:49.960 --> 01:02:50.960] the House of Representatives.
[01:02:50.960 --> 01:02:59.960] This was Rick Crowley with your lowdown for July 26, 2017.
[01:02:59.960 --> 01:03:23.040] Okay, we are back for Andy Kelton with our radio on this Friday, the fourth day of August
[01:03:23.040 --> 01:03:24.040] 2017.
[01:03:24.040 --> 01:03:26.640] We're talking to Sonny and George.
[01:03:26.640 --> 01:03:32.840] Okay, Sonny, do you have anything else for us?
[01:03:32.840 --> 01:03:40.320] Well that was one of the main things that I wanted to just kind of get, see if you had
[01:03:40.320 --> 01:03:48.320] any ideas on, because I've heard some people talk about, well, county ordinances don't
[01:03:48.320 --> 01:04:01.320] quite have the same effect or authority as- Okay, here's the arguments that we've made.
[01:04:01.320 --> 01:04:08.920] Is the legislature grants, I'm sorry, the Constitution, grants the legislature authority
[01:04:08.920 --> 01:04:13.480] to write law and create courts.
[01:04:13.480 --> 01:04:20.520] But I've never seen a Constitution that authorized the legislature to delegate its lawmaking
[01:04:20.520 --> 01:04:23.360] authority.
[01:04:23.360 --> 01:04:29.240] So how do these local entities make up their own laws?
[01:04:29.240 --> 01:04:34.000] It's not in my Constitution.
[01:04:34.000 --> 01:04:40.120] And I do, we just filed an argument in a municipal court over the municipal court attempting to
[01:04:40.120 --> 01:04:46.880] enforce municipal ordinances, and I've laid out the Constitution and how it addressed
[01:04:46.880 --> 01:04:51.240] the legislature and what it said they could do, and nowhere in there did it say they could
[01:04:51.240 --> 01:04:59.000] delegate their lawmaking authority to some municipal corporation or county or anything
[01:04:59.000 --> 01:05:01.640] else.
[01:05:01.640 --> 01:05:13.680] But in this case, you have the county did not write legislation, they merely adopted
[01:05:13.680 --> 01:05:19.200] legislation, a legislature already created.
[01:05:19.200 --> 01:05:27.160] In fact, the state legislature adopted the federal transportation code, and in the county
[01:05:27.160 --> 01:05:31.840] adopted the state transportation code that the state had adopted from the fed.
[01:05:31.840 --> 01:05:42.240] So it was still working with code that was created by a legislature.
[01:05:42.240 --> 01:05:45.240] That makes sense.
[01:05:45.240 --> 01:05:57.400] It does, and I've sort of dropped another challenge on them, just in this hearing, I submitted
[01:05:57.400 --> 01:06:10.200] about a 33-page brief that I had swiped from somewhere else on the Internet where I'm
[01:06:10.200 --> 01:06:23.720] challenging the very authority of the state of Georgia to apply any of its laws.
[01:06:23.720 --> 01:06:33.040] And the reason behind it is that the Reconstruction Acts, just after the Civil War, took away
[01:06:33.040 --> 01:06:43.360] the jure or the legitimate government of Georgia and replaced its citizens, state citizens
[01:06:43.360 --> 01:06:45.960] with United States citizens.
[01:06:45.960 --> 01:06:56.080] So now the government is full of just U.S. citizens, it's a de facto government because
[01:06:56.080 --> 01:07:06.760] the Supreme Court has ruled that an unconstitutional act, an invalid act, has no authority, cannot
[01:07:06.760 --> 01:07:13.480] grant any office, and forgive me for not being able to cite the case, I'd have to pull it
[01:07:13.480 --> 01:07:14.840] up later.
[01:07:14.840 --> 01:07:24.120] But the Reconstruction Acts were not passed according to the Constitution, I think it
[01:07:24.120 --> 01:07:29.640] was two-thirds of the states, which they would have needed 28 at the time.
[01:07:29.640 --> 01:07:38.320] They did not have the number of states, and so by executive order number, I think it was
[01:07:38.320 --> 01:07:58.200] number seven and number eight, they declared that was for the 14th Amendment, my bad, but
[01:07:58.200 --> 01:08:06.400] the Reconstruction Acts were not properly passed, and neither was the 14th Amendment,
[01:08:06.400 --> 01:08:10.680] which is the basis for the United States citizens.
[01:08:10.680 --> 01:08:19.760] And so based upon that, they don't have the authority according to the Supreme Court ruling
[01:08:19.760 --> 01:08:27.560] that says an invalid act grants no authority and you're to act as if it never even happened.
[01:08:27.560 --> 01:08:33.360] So they can't prove willfulness on me, they can't prove that they have authority, they
[01:08:33.360 --> 01:08:40.120] can't prove they have territorial jurisdiction, and I frequently see the judge sort of scratching
[01:08:40.120 --> 01:08:46.240] his head and having his head kind of turn sideways and kind of looking funny across
[01:08:46.240 --> 01:08:48.400] the room.
[01:08:48.400 --> 01:08:55.320] That means you've got him thinking, and he's probably thinking, I'm going to look like
[01:08:55.320 --> 01:09:00.680] a chump if this goes to the Court of Appeals and we get a ruling against us, I'm going
[01:09:00.680 --> 01:09:07.240] to be the scapegoat for all of this.
[01:09:07.240 --> 01:09:13.600] It sounds like you have definitely got their attention, they're not just blowing these
[01:09:13.600 --> 01:09:16.400] arguments off out of hand.
[01:09:16.400 --> 01:09:20.760] No, not like they were.
[01:09:20.760 --> 01:09:26.080] When I first went in there, oh my, he was ruling against me less than right, not even
[01:09:26.080 --> 01:09:38.040] reading the motions, and now this 33-page brief, he was talking about it not having
[01:09:38.040 --> 01:09:46.960] the page numbering, he was actually saying he was going to read it, which I would say
[01:09:46.960 --> 01:09:50.760] that's an improvement of 10% just right there.
[01:09:50.760 --> 01:09:53.200] I'd say that's a great improvement.
[01:09:53.200 --> 01:09:58.560] It's always good to have a procé come in there and get their attention.
[01:09:58.560 --> 01:10:03.840] Have you barred them and filed judicial conduct complaints against these guys?
[01:10:03.840 --> 01:10:13.960] Yes, judicial conduct complaint against the judge, 7 or 8 against one prosecutor, 4 against
[01:10:13.960 --> 01:10:16.560] another prosecutor.
[01:10:16.560 --> 01:10:22.000] This is probably part of what is getting their attention.
[01:10:22.000 --> 01:10:25.560] Good chance somebody higher up the line has gave them notice.
[01:10:25.560 --> 01:10:35.040] We have Olivier on the line, and he's having the same effect in Tennessee except he's actually
[01:10:35.040 --> 01:10:44.520] getting the rules changed, so it is clear that one individual, one singular procé individual
[01:10:44.520 --> 01:10:49.720] absolutely can change things, and what you might want to do is what Olivier did.
[01:10:49.720 --> 01:10:58.800] Have you talked to your local state senator or state representative about these issues?
[01:10:58.800 --> 01:11:00.960] I have not.
[01:11:00.960 --> 01:11:09.000] You might want to try that, because what the politician's going to do, he's going to have
[01:11:09.000 --> 01:11:16.280] one of his aides call down there to find out what's going on, and all of a sudden you've
[01:11:16.280 --> 01:11:20.160] got politics crawling all over them.
[01:11:20.160 --> 01:11:26.680] Now, the aide will be real professional and not threatening in any way, but it's still
[01:11:26.680 --> 01:11:31.240] going to really be threatening.
[01:11:31.240 --> 01:11:39.320] Last thing they want is someone higher up looking over their shoulder, and it might help them
[01:11:39.320 --> 01:11:43.600] to have a good reason to make this case go away.
[01:11:43.600 --> 01:11:55.440] One of the things I think Randy that is really going to hurt the judge is if he ever gets
[01:11:55.440 --> 01:12:02.400] two probable cause, I just believe that he's going to clearly see that the officer doesn't
[01:12:02.400 --> 01:12:07.000] have it, and when he sees that, I would think one...
[01:12:07.000 --> 01:12:12.200] Probable cause in what context?
[01:12:12.200 --> 01:12:18.840] In the context of the initial stop, the officer told me, I asked him what his probable cause
[01:12:18.840 --> 01:12:26.680] was, and he says that I didn't have two chains on my Bobcat.
[01:12:26.680 --> 01:12:34.640] He said I needed two chains when I only had one, and when you read the code section, it
[01:12:34.640 --> 01:12:39.160] just says that it should be secure, so it doesn't fall on the road.
[01:12:39.160 --> 01:12:46.360] He says nothing about restraint at all, and since he went directly to probable cause,
[01:12:46.360 --> 01:12:56.760] I think that that sort of supersedes or circumvent the reasonable suspicion argument that they
[01:12:56.760 --> 01:12:58.280] would simply pull.
[01:12:58.280 --> 01:12:59.280] Right.
[01:12:59.280 --> 01:13:07.720] So anything else that he finds after the stop becomes fruit of a poison tree?
[01:13:07.720 --> 01:13:11.120] Yes, sir.
[01:13:11.120 --> 01:13:17.760] The reason I asked that question the way I did was I was fishing to see if you were
[01:13:17.760 --> 01:13:27.400] going to commerce, still a valid argument.
[01:13:27.400 --> 01:13:35.000] Even if they have the empowered to enforce the code, did the officer have reason to believe
[01:13:35.000 --> 01:13:38.840] that you fell within the statutory scheme?
[01:13:38.840 --> 01:13:48.200] Have you researched Georgia to see what it takes to fall within the statutory scheme
[01:13:48.200 --> 01:13:50.120] under Georgia law?
[01:13:50.120 --> 01:13:55.400] Let me explain where I'm going here so this makes sense.
[01:13:55.400 --> 01:14:01.800] I've been researching the different states, and the way it appears is Truman, before
[01:14:01.800 --> 01:14:05.920] he became president, built roads.
[01:14:05.920 --> 01:14:12.480] He was appalled at the death rates on the highways, and he didn't like the way roads
[01:14:12.480 --> 01:14:13.480] were being built.
[01:14:13.480 --> 01:14:14.480] He thought it was a horrible mess.
[01:14:14.480 --> 01:14:15.480] They were doing it all wrong.
[01:14:15.480 --> 01:14:16.480] They needed to do it different.
[01:14:16.480 --> 01:14:19.640] So he got in his president, and he pushed us.
[01:14:19.640 --> 01:14:27.080] It was one that got the interstate highways, and he's the one that designed in the clover
[01:14:27.080 --> 01:14:31.880] reliefs and the interest ramps, and he did this so people stopped getting killed.
[01:14:31.880 --> 01:14:39.040] You come up to a T-intersection, you get T-boned, and in the late 40s, you were getting 50,000
[01:14:39.040 --> 01:14:41.040] people a year killed on the highways.
[01:14:41.040 --> 01:14:48.360] We're still getting about 50,000 people a year killed on the highways, but we got about
[01:14:48.360 --> 01:14:52.000] 50 times the automobiles.
[01:14:52.000 --> 01:15:00.800] In that regard, it was at that time that the state started creating state police departments.
[01:15:00.800 --> 01:15:09.920] And so far, everyone I've looked at, California, Illinois, Tennessee, Texas, North Carolina.
[01:15:09.920 --> 01:15:19.280] The state police was created for the specific purpose of enforcing the commercial transportation
[01:15:19.280 --> 01:15:23.640] code.
[01:15:23.640 --> 01:15:33.400] Commercial operation required licensing, and the only time the code applied was when
[01:15:33.400 --> 01:15:38.520] you were operating under that license.
[01:15:38.520 --> 01:15:43.640] So that is, have you raised that issue?
[01:15:43.640 --> 01:15:53.040] I have not raised that issue yet, because we haven't gotten past the territorial and
[01:15:53.040 --> 01:15:58.040] subject matter jurisdiction issue yet.
[01:15:58.040 --> 01:16:03.320] That is absolutely perfect.
[01:16:03.320 --> 01:16:09.040] Everybody out there, you get a policeman ride to your ticket, you get a policeman stop you
[01:16:09.040 --> 01:16:12.680] or charge you with anything.
[01:16:12.680 --> 01:16:16.760] The knee jerk reaction is to defend yourself.
[01:16:16.760 --> 01:16:17.760] I didn't do it.
[01:16:17.760 --> 01:16:20.040] I'm not guilty, blah, blah, blah.
[01:16:20.040 --> 01:16:24.080] No, no, no, don't go there yet.
[01:16:24.080 --> 01:16:30.040] First question is, who the heck are you and what authority do you have to talk to me?
[01:16:30.040 --> 01:16:35.520] How long have you been in court with them on these issues, Sonny?
[01:16:35.520 --> 01:16:38.200] Almost two and a half years, Randy.
[01:16:38.200 --> 01:16:42.440] And they haven't even got to the substance yet.
[01:16:42.440 --> 01:16:43.440] Going on?
[01:16:43.440 --> 01:16:44.440] Not yet.
[01:16:44.440 --> 01:16:45.440] About to go to break.
[01:16:45.440 --> 01:16:46.760] We're ready to help and we'll blow radio.
[01:16:46.760 --> 01:17:00.040] I'm having way too much fun tonight, but we'll be right back.
[01:17:00.040 --> 01:17:01.040] I love logos.
[01:17:01.040 --> 01:17:04.560] Without the shows on this network, I'd be almost as ignorant as my friends.
[01:17:04.560 --> 01:17:07.200] I'm so addicted to the truth now that there's no going back.
[01:17:07.200 --> 01:17:08.400] I need my truth pick.
[01:17:08.400 --> 01:17:13.120] I'd be lost without logos and I really want to help keep this network on the air.
[01:17:13.120 --> 01:17:16.880] I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
[01:17:16.880 --> 01:17:20.240] have any money to give because I spent it all on supplements.
[01:17:20.240 --> 01:17:21.800] How can I help logos?
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[01:17:44.320 --> 01:17:45.320] No.
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[01:17:47.160 --> 01:17:48.160] No.
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[01:17:49.160 --> 01:17:50.160] No.
[01:17:50.160 --> 01:17:51.160] I mean, yes.
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[01:17:55.800 --> 01:17:56.800] Thank you so much.
[01:17:56.800 --> 01:17:58.320] We are Logos.
[01:17:58.320 --> 01:18:00.520] Happy holidays, Logos.
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[01:19:00.280 --> 01:19:26.520] Okay, we are back, we're at the count of rule of law radio and on the break, us talking
[01:19:26.520 --> 01:19:49.840] about electoral
[01:19:49.840 --> 01:20:00.320] I have thought about it, but I have not been able to put in quite the time and research
[01:20:00.320 --> 01:20:04.320] yet to go down that road.
[01:20:04.320 --> 01:20:09.960] Okay, I understand that problem, because this takes a lot of work when you're starting
[01:20:09.960 --> 01:20:12.640] from scratch.
[01:20:12.640 --> 01:20:21.280] And we probably need to talk to you off the air sometime to kind of see if I can codify
[01:20:21.280 --> 01:20:30.840] your research into a tool that we can apply to this electronic lawyer so that other people
[01:20:30.840 --> 01:20:38.160] can take advantage of your research without having to go through all of this again.
[01:20:38.160 --> 01:20:53.280] Sure, and one other question, because I am thinking about a false arrest lawsuit, and
[01:20:53.280 --> 01:21:02.680] so I'm wondering if it matters how this particular case is resolved, if it, for example, whether
[01:21:02.680 --> 01:21:08.720] it was dismissed on a technicality, like the officer not showing up, versus if the judge
[01:21:08.720 --> 01:21:16.120] ruled that there was no probable cause.
[01:21:16.120 --> 01:21:25.120] If there's no ruling concerning what you're complaining about, if you've raised the issue
[01:21:25.120 --> 01:21:31.080] and the court didn't rule that the officer acted appropriately, but dismissed the case
[01:21:31.080 --> 01:21:38.560] based on something else and left that open, absolutely you can go after him.
[01:21:38.560 --> 01:21:48.280] Okay, I was just kind of thinking, well, you know, maybe I should try to get the judge
[01:21:48.280 --> 01:21:55.760] to rule that there was no probable cause, and that might help in the next step in going
[01:21:55.760 --> 01:21:57.760] after the false arrest claim.
[01:21:57.760 --> 01:22:01.280] Yeah, absolutely may.
[01:22:01.280 --> 01:22:12.640] Otherwise, I would probably have to prove that he had no probable cause in that possible
[01:22:12.640 --> 01:22:13.640] case.
[01:22:13.640 --> 01:22:20.960] Yeah, this in line with what you've done so far, the first step in challenging probable
[01:22:20.960 --> 01:22:23.920] cause would be the commercial nexus.
[01:22:23.920 --> 01:22:27.920] And you're driving down the highway with a trailer on behind with a piece of equipment
[01:22:27.920 --> 01:22:31.880] on that trailer.
[01:22:31.880 --> 01:22:40.000] That doesn't give him cause to believe that you're being paid to transport that trailer.
[01:22:40.000 --> 01:22:44.240] Did you have a DOT number on the trucker trailer?
[01:22:44.240 --> 01:22:46.240] No, sir.
[01:22:46.240 --> 01:22:53.720] Then he has no probable cause to believe that you fall within the statutory scheme.
[01:22:53.720 --> 01:23:02.440] And then once he stopped you, did he make any inquiry to determine if you were operating
[01:23:02.440 --> 01:23:04.000] in commerce?
[01:23:04.000 --> 01:23:06.760] No, he did not.
[01:23:06.760 --> 01:23:14.600] But I, on the other hand, volunteered and told him that I was not in commerce.
[01:23:14.600 --> 01:23:23.600] And he's actually on tape saying that in one instance he thought I was talking about Congress
[01:23:23.600 --> 01:23:29.760] and then another case, he didn't know if I was talking about the town of commerce.
[01:23:29.760 --> 01:23:36.640] There's actually a tax called commerce in Georgia and he admitted on tape that he had
[01:23:36.640 --> 01:23:39.680] no idea what I was talking about.
[01:23:39.680 --> 01:23:41.680] Oh, wonderful.
[01:23:41.680 --> 01:23:48.040] So they've got a hard road to hoe.
[01:23:48.040 --> 01:23:57.160] And if they get past subject matter jurisdiction, well, the current claims, then we get to the
[01:23:57.160 --> 01:23:58.160] statutory scheme.
[01:23:58.160 --> 01:24:02.920] They're going to have just as hard a time getting past the statutory scheme as they
[01:24:02.920 --> 01:24:10.000] did, as they've had so far because you have admission by the officer that he was totally
[01:24:10.000 --> 01:24:11.000] ignorant.
[01:24:11.000 --> 01:24:12.000] Yeah.
[01:24:12.000 --> 01:24:22.320] And one other good thing is that already, I made a remark in court that the officers
[01:24:22.320 --> 01:24:27.440] are deemed to know the law and the judge agreed with me and said that's true.
[01:24:27.440 --> 01:24:33.800] So I think that's really good moving forward because the court is already sort of, it's
[01:24:33.800 --> 01:24:37.400] almost like a judicial notice that the officers are deemed to know the law.
[01:24:37.400 --> 01:24:44.040] So I'm thinking it'll be easier to show the officers incompetent.
[01:24:44.040 --> 01:24:46.880] And that should be sufficient.
[01:24:46.880 --> 01:24:54.280] And what that may be is the political reason they need to drop the case.
[01:24:54.280 --> 01:24:59.400] They need a reason to drop the case and not lose face.
[01:24:59.400 --> 01:25:05.960] And they would throw the officer under the bus in a heartbeat.
[01:25:05.960 --> 01:25:09.760] But you haven't even got there yet, so this is great.
[01:25:09.760 --> 01:25:10.760] Okay.
[01:25:10.760 --> 01:25:12.760] Do we have anything else?
[01:25:12.760 --> 01:25:14.760] That's it.
[01:25:14.760 --> 01:25:18.240] I'm looking forward to hearing what Olivier has to say.
[01:25:18.240 --> 01:25:19.240] Okay.
[01:25:19.240 --> 01:25:22.840] He is next on the queue.
[01:25:22.840 --> 01:25:23.840] Thank you, Sonny.
[01:25:23.840 --> 01:25:26.640] Now we're going to go to Olivier in Tennessee.
[01:25:26.640 --> 01:25:29.160] Hey, how you doing?
[01:25:29.160 --> 01:25:32.160] I'm doing good.
[01:25:32.160 --> 01:25:33.640] What do you have for us today?
[01:25:33.640 --> 01:25:41.160] I want to say something about what you were just talking about in reference to the arrest.
[01:25:41.160 --> 01:25:44.960] It doesn't matter how the case is resolved.
[01:25:44.960 --> 01:25:52.080] The only thing that matters is that it was resolved in your favor and you did not sign
[01:25:52.080 --> 01:25:59.800] any waiver stating that you relinquish your right to sue for any, you know, as long as
[01:25:59.800 --> 01:26:03.800] you don't sign for anything that you don't have the right to sue or you're negating the
[01:26:03.800 --> 01:26:14.240] right to sue and the case is in your favor, you've already won the evidence part that
[01:26:14.240 --> 01:26:15.240] you need.
[01:26:15.240 --> 01:26:21.400] There's, I see people spend too much time trying to build evidence in court where the
[01:26:21.400 --> 01:26:23.440] violations have already occurred.
[01:26:23.440 --> 01:26:29.200] You don't need to prove anything or try to get someone to say anything because the civil
[01:26:29.200 --> 01:26:32.680] side is a total different ball game.
[01:26:32.680 --> 01:26:37.640] Same rules, but it's a different ball game once it's coming to produce evidence.
[01:26:37.640 --> 01:26:44.640] All the evidence is already produced for you from the violations that occurred so that
[01:26:44.640 --> 01:26:53.040] all those extra steps are unnecessary or concern is unnecessary, trying to get disruling or
[01:26:53.040 --> 01:26:57.560] try to get people to say this or that doesn't really matter.
[01:26:57.560 --> 01:27:07.280] One thing you want to avoid is certain rulings like Sonny was speaking to the probable cause
[01:27:07.280 --> 01:27:09.800] of the police officer.
[01:27:09.800 --> 01:27:17.640] If you raise the issue of probable cause in the trial court and the judge enters a ruling
[01:27:17.640 --> 01:27:27.240] stating that the officer had probable cause, that creates a stop-all.
[01:27:27.240 --> 01:27:34.160] You can't raise that issue in a civil action because it's already been adjudicated that
[01:27:34.160 --> 01:27:35.800] it had probable cause.
[01:27:35.800 --> 01:27:40.000] You do want to avoid getting certain rulings.
[01:27:40.000 --> 01:27:43.240] If you know the court's going to rule against you in certain things, you might want to just
[01:27:43.240 --> 01:27:48.320] avoid them all together so that you can then bring them in the civil case.
[01:27:48.320 --> 01:27:52.880] But be careful how you get the judge to rule against you because you can expect to rule
[01:27:52.880 --> 01:27:56.520] against you out of hand at every turn.
[01:27:56.520 --> 01:27:59.960] So be careful what you ask for.
[01:27:59.960 --> 01:28:02.040] Then ruling against you, well, that too.
[01:28:02.040 --> 01:28:09.720] But then ruling against you wouldn't matter after you won the case because if they said,
[01:28:09.720 --> 01:28:15.200] oh, he had probable cause, then the case gets dismissed.
[01:28:15.200 --> 01:28:16.960] What you said in your case doesn't matter.
[01:28:16.960 --> 01:28:19.160] My lawsuit's still going through.
[01:28:19.160 --> 01:28:24.600] Yeah, but once the judge has affirmed the rules that he had probable cause, you can't
[01:28:24.600 --> 01:28:33.280] go back in a civil case and raise the issue of probable cause because that's already
[01:28:33.280 --> 01:28:36.120] been adjudicated.
[01:28:36.120 --> 01:28:40.640] You can't sue him for lack of probable cause because he already tried the issue and it's
[01:28:40.640 --> 01:28:42.560] been ruled on.
[01:28:42.560 --> 01:28:46.760] It becomes collateral a stop-all.
[01:28:46.760 --> 01:28:52.560] So then better than me, if he had probable cause, how did the case get dismissed?
[01:28:52.560 --> 01:28:58.920] Well, just because he had probable cause for the stop doesn't mean he had enough evidence
[01:28:58.920 --> 01:29:01.440] to show that you committed the crime.
[01:29:01.440 --> 01:29:09.040] Okay, so is it just because they ruled that he had probable cause, I can't sue him for
[01:29:09.040 --> 01:29:10.040] false imprisonment?
[01:29:10.040 --> 01:29:11.040] Okay, yeah.
[01:29:11.040 --> 01:29:13.120] Here's the deal.
[01:29:13.120 --> 01:29:22.320] The cop gets to report that a guy in a blue 69 Explorer just shot his wife and two kids
[01:29:22.320 --> 01:29:25.440] and he took off north down this highway.
[01:29:25.440 --> 01:29:32.520] Cop's sitting there, he sees a blue 96 Explorer going down the highway.
[01:29:32.520 --> 01:29:40.320] He has probable cause to stop, even if it's the wrong one.
[01:29:40.320 --> 01:29:46.120] Even if the probable cause never affected you at all, he had probable cause to stop.
[01:29:46.120 --> 01:29:52.280] My son got pulled over once and deputies jumped out both sides with their guns drawn
[01:29:52.280 --> 01:29:57.480] and pointed at him and deputies spun around in front of him and slid to a stop and two
[01:29:57.480 --> 01:30:00.280] deputies jumped out with her.
[01:30:00.280 --> 01:30:07.200] Yelza, getting burned is a painful experience and the aftermath can include blistering in
[01:30:07.200 --> 01:30:08.200] an ugly scar.
[01:30:08.200 --> 01:30:11.560] An unconventional home remedy could deliver welcome relief.
[01:30:11.560 --> 01:30:15.400] Look at your Catherine Albrecht and I'll be back to tell you why some burn victims are
[01:30:15.400 --> 01:30:17.760] turning to the pantry.
[01:30:17.760 --> 01:30:19.360] Privacy is under attack.
[01:30:19.360 --> 01:30:23.800] When you give up data about yourself, you'll never get it back again and once your privacy
[01:30:23.800 --> 01:30:27.760] is gone, you'll find your freedoms will start to vanish too.
[01:30:27.760 --> 01:30:32.760] So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.760 --> 01:30:35.520] Privacy, it's worth hanging on to.
[01:30:35.520 --> 01:30:39.840] This public service announcement is brought to you by StartPage.com, the private search
[01:30:39.840 --> 01:30:43.360] engine alternative to Google, Yahoo and BIM.
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[01:30:46.360 --> 01:30:50.880] My friend Liz burned her arm in a cast iron pan the other day, ouch.
[01:30:50.880 --> 01:30:55.960] She ran cold water over the burn but the pain remained plus she was concerned about blisters.
[01:30:55.960 --> 01:30:58.280] So she turned to the internet for advice.
[01:30:58.280 --> 01:31:02.960] There she stumbled on a seemingly crazy home remedy suggested by the people's pharmacy,
[01:31:02.960 --> 01:31:04.600] cold yellow mustard.
[01:31:04.600 --> 01:31:08.040] She applied mustard to the burn and the pain stopped right away.
[01:31:08.040 --> 01:31:13.000] Then she bandaged the area and the next day she was pain free with no blisters.
[01:31:13.000 --> 01:31:17.640] Serious burns require a trick to the doctor or the hospital, but for minor burns you might
[01:31:17.640 --> 01:31:19.920] want to give common yellow mustard a try.
[01:31:19.920 --> 01:31:20.920] It seems to work.
[01:31:20.920 --> 01:31:30.600] I'm Dr. Katharine Albrecht, more news and information at KatharineAlbrecht.com.
[01:31:30.600 --> 01:31:35.960] This is Building 7, a 47 story skyscraper that fell on the afternoon of September 11.
[01:31:35.960 --> 01:31:38.000] The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000] Over 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:47.000] Over 6,000 of my fellow service members have given their lives and thousands of my fellow
[01:31:47.000 --> 01:31:48.440] first responders have died.
[01:31:48.440 --> 01:31:52.280] I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction office,
[01:31:52.280 --> 01:31:57.000] I'm an Air Force pilot, I'm a father who lost his son, we are Americans and we deserve
[01:31:57.000 --> 01:31:58.000] the truth.
[01:31:58.000 --> 01:32:00.200] Go to RememberBuilding7.org today.
[01:32:00.200 --> 01:32:02.800] Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.800 --> 01:32:06.120] Did your home receive hail or wind damage from the recent storms?
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[01:32:40.640 --> 01:32:45.280] and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.280 --> 01:32:50.400] So if those out-of-town roofers come knocking, your door should be locked in.
[01:32:50.400 --> 01:32:58.720] That's 512-992-8745 or hillcountryhomeimprovements.com, discounts are based on full roof replacement.
[01:32:58.720 --> 01:33:02.920] And I'll actually be kidding about chemtrails.
[01:33:02.920 --> 01:33:04.560] Looking for some truth?
[01:33:04.560 --> 01:33:33.520] You found it, LogosRadioNetwork.com.
[01:33:34.560 --> 01:33:44.240] Okay, we are back, Randy Kelton with LogosRadio, and we're talking to Olivier in Tennessee.
[01:33:44.240 --> 01:33:49.120] Okay, Olivier, where were you guys having too much fun on the break?
[01:33:49.120 --> 01:33:55.920] Oh, example, pull my son over, cops get out, guns pointed all at him.
[01:33:55.920 --> 01:34:02.360] Then they get a call, there was a 60-something-year-old black guy robbed a place and killed somebody,
[01:34:02.360 --> 01:34:06.280] but he's in the same kind of car.
[01:34:06.280 --> 01:34:09.240] And one of the deputies said, no, no, no, this can't be them, and they all holstered
[01:34:09.240 --> 01:34:12.720] their weapons, they went over there, apologized to him, ran, jumped in the car, and threw
[01:34:12.720 --> 01:34:13.720] off.
[01:34:13.720 --> 01:34:21.240] Well, they had probable cause to pull him over and point the weapons at him.
[01:34:21.240 --> 01:34:24.840] So they couldn't be charged with acting without probable cause.
[01:34:24.840 --> 01:34:30.160] Even if they had written my son a ticket for something unrelated to the reason he was
[01:34:30.160 --> 01:34:37.360] stopped, if they had probable cause for the original stop and they found something else
[01:34:37.360 --> 01:34:44.280] that you can't make a claim based on lack of probable cause, is that making sense, Olivier?
[01:34:44.280 --> 01:34:50.760] Yes, okay, I understand what you're saying, but that's what I'm trying to express, but
[01:34:50.760 --> 01:34:56.080] I guess you're just expressing the opposite side of it in another view.
[01:34:56.080 --> 01:35:02.080] The point is, when you get your verdict, there's multiple reasons to sue.
[01:35:02.080 --> 01:35:05.360] Oh, yeah, always lots of reasons.
[01:35:05.360 --> 01:35:11.800] Yeah, so probable cause, like, that's what I was saying, like, I see people put their
[01:35:11.800 --> 01:35:16.840] focus into an area too much, like, for what?
[01:35:16.840 --> 01:35:22.800] It doesn't matter, you got too many options to sue them for, don't wait for nothing to
[01:35:22.800 --> 01:35:28.000] be put on the verdict trying to force them to do anything, do the procedural things.
[01:35:28.000 --> 01:35:29.000] They don't do it.
[01:35:29.000 --> 01:35:34.560] Slap them with abuse of lawsuits, slap them with things that are sufficient, that are
[01:35:34.560 --> 01:35:40.160] going to make a difference immediately, not take a year or two to drag it out for what?
[01:35:40.160 --> 01:35:41.160] There's no reason.
[01:35:41.160 --> 01:35:45.840] There's no reason to try to get all these rulings because on the civil side is a different
[01:35:45.840 --> 01:35:51.840] procedure, different concept, and say, yeah, you stopped me, okay, well, I was not in that
[01:35:51.840 --> 01:35:52.840] statute.
[01:35:52.840 --> 01:35:57.000] Yeah, you had probable cause, but I was not underneath those regulations.
[01:35:57.000 --> 01:36:00.360] And you still gave me a ticket, and you took my ID.
[01:36:00.360 --> 01:36:05.800] So while you're taking my ID, that's imprisonment.
[01:36:05.800 --> 01:36:09.000] So there's a lot of ways to state it.
[01:36:09.000 --> 01:36:15.840] So don't put too much focus on getting one statement, put a focus on getting the win
[01:36:15.840 --> 01:36:24.440] under any circumstances, except finding something saying that I'm not going to sue or I agree
[01:36:24.440 --> 01:36:25.440] to anything.
[01:36:25.440 --> 01:36:32.720] As long as you don't agree to anything and state that you are waiving your right to sue
[01:36:32.720 --> 01:36:38.320] and you get a verdict in your favor, you have reasons for a civil suit.
[01:36:38.320 --> 01:36:39.320] Okay.
[01:36:39.320 --> 01:36:47.400] When you are in a criminal prosecution and the prosecutor agrees to dismiss the case
[01:36:47.400 --> 01:36:54.160] if you agree not to sue, that agreement not to sue is not enforceable.
[01:36:54.160 --> 01:36:56.160] Are you serious?
[01:36:56.160 --> 01:36:57.160] Yep.
[01:36:57.160 --> 01:37:07.440] That's, you may get a court rule against you, but technically you were, you signed that
[01:37:07.440 --> 01:37:18.440] under duress, and the prosecutor has no authority to dismiss the case just because he wants to.
[01:37:18.440 --> 01:37:22.760] If he dismisses the case, he has to dismiss the case for cause.
[01:37:22.760 --> 01:37:28.960] If he has cause to dismiss, he needs to dismiss, but if he comes to you after you have filed
[01:37:28.960 --> 01:37:39.760] a civil suit and negotiates a deal- Before, before, before, they'll come to you before
[01:37:39.760 --> 01:37:47.760] because they came to me before I filed to try to offer me, try to say, well, we're going
[01:37:47.760 --> 01:37:48.760] to dismiss it.
[01:37:48.760 --> 01:37:52.000] We just need you to sign this paper right here, and I looked at it and I'm like, what
[01:37:52.000 --> 01:38:01.240] you said, and now, oh, never mind, because I know what you're going to do.
[01:38:01.240 --> 01:38:04.760] You signed that document, you signed it under duress.
[01:38:04.760 --> 01:38:12.520] You can always claim that, that contractual covenant is unconscionable, and you can challenge
[01:38:12.520 --> 01:38:13.520] it.
[01:38:13.520 --> 01:38:18.200] Oh, I get you underneath an unconstitutional contract.
[01:38:18.200 --> 01:38:26.960] No, not unconstitutional, unconscionable, that, excuse me, that means that one side
[01:38:26.960 --> 01:38:30.360] benefits from it, but the other side doesn't.
[01:38:30.360 --> 01:38:37.840] Right, but isn't there another part of the Constitution that states that you cannot sign
[01:38:37.840 --> 01:38:43.720] your rights away, or your rights cannot be signed away?
[01:38:43.720 --> 01:38:48.720] Oh, no, you absolutely can sign your rights away.
[01:38:48.720 --> 01:38:49.720] Okay.
[01:38:49.720 --> 01:38:57.360] Yeah, you can waive them, but you have to waive them in court with counsel present, full,
[01:38:57.360 --> 01:39:07.920] with full disclosure, free of coercion, free of coercion, and when they ask you to sign
[01:39:07.920 --> 01:39:16.440] your right to sue away in lieu of going to jail, that's not free of coercion.
[01:39:16.440 --> 01:39:23.320] Okay, that's why you could challenge it.
[01:39:23.320 --> 01:39:31.440] So my point is, don't go to jail just to keep from signing that document.
[01:39:31.440 --> 01:39:34.400] Get out of jail first, then you can attack all that.
[01:39:34.400 --> 01:39:36.800] No, no, no, no, no, no.
[01:39:36.800 --> 01:39:42.400] I wasn't in jail, I was out of court, I was out of jail, going to jail.
[01:39:42.400 --> 01:39:49.440] No, no, I understand that this is for people who are looking at their liberty being at
[01:39:49.440 --> 01:39:57.600] risk, and the only way they can get their liberty cleared up is by signing this document,
[01:39:57.600 --> 01:40:05.120] sign the document, then sue them claiming that the provision was unconscionable later
[01:40:05.120 --> 01:40:08.400] but first day out of jail.
[01:40:08.400 --> 01:40:10.400] Always liberty first.
[01:40:10.400 --> 01:40:11.400] Okay.
[01:40:11.400 --> 01:40:19.840] Well, I have people say, should I take this deal, and I'm saying, and for the most part
[01:40:19.840 --> 01:40:24.120] I tell them, yes, get out of jail.
[01:40:24.120 --> 01:40:28.200] You're not going to serve yourself or anybody else for sitting in a jail cell.
[01:40:28.200 --> 01:40:30.360] Get out of jail first.
[01:40:30.360 --> 01:40:33.560] Then we go back and we got lots of things we can fight them with, but don't risk your
[01:40:33.560 --> 01:40:35.720] liberty.
[01:40:35.720 --> 01:40:40.560] I never suggested somebody risk their liberty over a principle.
[01:40:40.560 --> 01:40:41.560] Okay.
[01:40:41.560 --> 01:40:42.560] Okay.
[01:40:42.560 --> 01:40:49.800] I'm going to stay away from those type of issues because I'm the type to go sit in jail
[01:40:49.800 --> 01:40:54.800] to set them up with something else, so I'm going to keep those comments to myself.
[01:40:54.800 --> 01:41:04.000] And referring to the guy in Georgia, it's still, Georgia still has the warrantless arrest,
[01:41:04.000 --> 01:41:07.280] so I'm pretty sure whatever he stopped them for was a misdemeanor.
[01:41:07.280 --> 01:41:18.880] I don't care if he had authority to do the transportation code or not, those issues can
[01:41:18.880 --> 01:41:24.480] be raised on the lawsuit and in criminal court.
[01:41:24.480 --> 01:41:31.120] The thing about Sonny is he hasn't even got to that part yet.
[01:41:31.120 --> 01:41:37.120] He's been in court with him for two years and they haven't even got to whether he's
[01:41:37.120 --> 01:41:40.760] taken to Fort Magistery, due process, any of that stuff.
[01:41:40.760 --> 01:41:46.280] Wait, he's, yeah, they arrested him in Georgia for these.
[01:41:46.280 --> 01:41:47.800] He could get three years in jail.
[01:41:47.800 --> 01:41:54.520] You can get a year in jail for not having your load properly secured.
[01:41:54.520 --> 01:41:55.520] That was amazing.
[01:41:55.520 --> 01:42:00.480] No, no, I'm saying that, but Georgia don't practice the procedure process by bringing
[01:42:00.480 --> 01:42:05.360] Magisters, most of the friends that I have in Georgia have told me that when they got
[01:42:05.360 --> 01:42:08.440] arrested, they don't bring them to the Magistery.
[01:42:08.440 --> 01:42:10.640] The same way everywhere.
[01:42:10.640 --> 01:42:11.880] Do the same thing in Texas.
[01:42:11.880 --> 01:42:19.280] I just talked to a magistrate, JP today, that told her I'm going to come down to your court
[01:42:19.280 --> 01:42:24.760] and I'm going to file some verified criminal affidavits with you and I'm going to expect
[01:42:24.760 --> 01:42:26.840] you to hold an examining trial.
[01:42:26.840 --> 01:42:36.720] Yes, I know what the procedure is, but I'm going to ask you to strictly follow the code.
[01:42:36.720 --> 01:42:42.600] So they don't take you to the Magistery here either, even though the code commands it.
[01:42:42.600 --> 01:42:45.960] So that's pretty common across the states.
[01:42:45.960 --> 01:42:50.960] One of the things I'm trying to get fixed, but the sonny hadn't even got to that part
[01:42:50.960 --> 01:42:51.960] yet.
[01:42:51.960 --> 01:42:56.520] They haven't got past who the heck are you yet?
[01:42:56.520 --> 01:42:59.920] Yeah, I want to finish that.
[01:42:59.920 --> 01:43:00.920] Okay.
[01:43:00.920 --> 01:43:07.520] What I called you about, I called you today, I went to this court with Mr. Lozano.
[01:43:07.520 --> 01:43:10.040] Oh man, this is so fun.
[01:43:10.040 --> 01:43:18.120] It was so sick in the courtroom, the air, the DA's, you know, walk in, they sucked up,
[01:43:18.120 --> 01:43:22.720] sat up straight, you know, you usually tell that there was a line or something just walked
[01:43:22.720 --> 01:43:23.720] in the room.
[01:43:23.720 --> 01:43:27.280] And you know, me and Lozano were still kicking me.
[01:43:27.280 --> 01:43:33.320] They had a civil court that ended and it went to the criminal procedures.
[01:43:33.320 --> 01:43:39.120] And it was so funny because one of the attorneys that was up there representing someone else
[01:43:39.120 --> 01:43:41.000] was new.
[01:43:41.000 --> 01:43:45.040] And he was telling the judge that, you know, he's been a, I think it's music.
[01:43:45.040 --> 01:43:47.240] Hey, you got music?
[01:43:47.240 --> 01:43:48.240] Okay.
[01:43:48.240 --> 01:43:49.240] Yeah, we got about 10 seconds.
[01:43:49.240 --> 01:43:50.240] Hang on.
[01:43:50.240 --> 01:43:51.240] We'll pick this up on the other side.
[01:43:51.240 --> 01:44:01.200] We'll pick up there, Calton, we'll roll down the radio and we'll be right back.
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[01:46:22.120 --> 01:46:26.120] Okay, we are back. Randy Kelton from Legal101 Radio.
[01:46:26.120 --> 01:46:30.040] And we're talking to Olivier in Tennessee.
[01:46:30.040 --> 01:46:33.880] And Olivier, you were in the process of having way too much fun.
[01:46:34.920 --> 01:46:38.600] Right. We're in the courtroom.
[01:46:38.600 --> 01:46:41.240] The judge is talking to his new attorney.
[01:46:41.240 --> 01:46:44.920] And he tells the son to tell him he's representing this client.
[01:46:44.920 --> 01:46:47.640] And the client just got him and everything.
[01:46:47.640 --> 01:46:49.080] And the judge is like, well, okay.
[01:46:49.080 --> 01:46:55.480] He's like, well, I would like you to know that we have court dates available
[01:46:55.480 --> 01:47:00.040] from here to that date set for motion, free trial motion.
[01:47:00.040 --> 01:47:06.600] So please prepare all your motions before trial to be heard on those days.
[01:47:07.240 --> 01:47:10.760] And any other issues that you would like, I mean, we were falling.
[01:47:10.760 --> 01:47:12.600] I'm sitting there like, yes, yes.
[01:47:12.600 --> 01:47:20.600] I'm sitting there and you're like, oh my, yeah, that's what I'm talking about.
[01:47:21.720 --> 01:47:22.600] Right?
[01:47:22.600 --> 01:47:27.160] So he's extracting the lawyer that they're going to do all of the things
[01:47:27.160 --> 01:47:29.240] they didn't do in Lizano's case.
[01:47:30.760 --> 01:47:33.400] Right. So like, you know what I'm saying?
[01:47:33.400 --> 01:47:35.400] Like, these are the new rules.
[01:47:35.400 --> 01:47:39.800] But we know our court has done things like we wanted to.
[01:47:39.800 --> 01:47:41.400] But now these are the new rules.
[01:47:41.400 --> 01:47:43.800] All these things, a new date.
[01:47:43.800 --> 01:47:48.120] And you could file any motions and address anything that you want before trial.
[01:47:48.120 --> 01:47:49.400] You have to do it before trial.
[01:47:51.400 --> 01:47:53.080] You know, you have to do it before trial.
[01:47:53.960 --> 01:47:57.800] But we're with something here like, yeah, giggle in my head a lot, right?
[01:47:57.800 --> 01:47:59.720] So now that you are that.
[01:47:59.720 --> 01:48:02.120] Okay. What you just said was interesting.
[01:48:03.400 --> 01:48:06.120] Because in open court, he told this new lawyer,
[01:48:06.120 --> 01:48:14.120] you can file motions on anything you want because normally that's not the case.
[01:48:15.160 --> 01:48:16.600] New lawyers are warned.
[01:48:16.600 --> 01:48:18.920] These are the things you can address.
[01:48:19.640 --> 01:48:21.880] These are the things you better not address.
[01:48:23.240 --> 01:48:26.840] Even though they're valid, even though they're go to do process,
[01:48:27.480 --> 01:48:30.520] you address these and the judge is going to clover you.
[01:48:30.520 --> 01:48:36.600] So the judge is telling the lawyer that he can file anything he wants to.
[01:48:38.200 --> 01:48:41.000] That gets around a lot of those unwritten rules.
[01:48:41.000 --> 01:48:45.080] It sounds like they're rewriting the rules in Tennessee.
[01:48:48.760 --> 01:48:50.840] Now, it's got to, it's got to feel good.
[01:48:50.840 --> 01:48:55.000] Olivier, you can't be just Clarkson.
[01:48:56.280 --> 01:48:58.120] Well, this is statewide.
[01:48:58.120 --> 01:49:02.520] It's probably because I got a lot of garbage in my sack.
[01:49:04.200 --> 01:49:05.160] And I got all of it.
[01:49:08.360 --> 01:49:10.040] Got every last one of them.
[01:49:10.040 --> 01:49:11.720] Well, let me give you a quick
[01:49:13.080 --> 01:49:14.920] announcement of what happened earlier.
[01:49:14.920 --> 01:49:19.400] Last time we came to court, he petitioned the court for counsel.
[01:49:19.400 --> 01:49:24.520] And they were like, no, we're not going to give you counsel because you appealed it as your business.
[01:49:24.520 --> 01:49:26.040] You got to do it on your own.
[01:49:26.040 --> 01:49:29.160] And the case law says this and that.
[01:49:29.160 --> 01:49:35.000] And this is precedent case law, which has been ruled, you know, this is the DA chiming in.
[01:49:35.000 --> 01:49:37.000] This is precedent case law.
[01:49:37.000 --> 01:49:40.360] You know, he's one of those big shots who would like to walk around with his chest sticking out.
[01:49:41.160 --> 01:49:44.120] That the courts have ruled for so long, this and that.
[01:49:44.120 --> 01:49:54.120] And so, but me, you know, I'm a pretty hardcore kind of seller.
[01:49:54.120 --> 01:49:59.800] So like when I'm hearing all this stuff, I just bust out laughing like, you know, I could hold it in.
[01:49:59.800 --> 01:50:02.760] I'm laughing like in the open court.
[01:50:02.760 --> 01:50:08.840] Everybody's looking at me, the DA's got his hands wide open like, what, what's my name, Mr. Livier?
[01:50:08.840 --> 01:50:15.400] I'm sitting there like, write it down, write it down, whatever you say, write that BS down, please.
[01:50:15.400 --> 01:50:17.960] I want to write it down and send it to us.
[01:50:17.960 --> 01:50:23.000] So the DA is looking at us like, yeah, well, the court is ordering that you get no attorney.
[01:50:23.000 --> 01:50:25.000] I said, okay, fine, right.
[01:50:25.000 --> 01:50:33.000] So me and Lozano immediately, you in the car, go to the appeals court, write up a paper word, you're saying, put them to task.
[01:50:33.000 --> 01:50:37.000] Let them know that the court violated his right and he wants an attorney.
[01:50:37.000 --> 01:50:39.000] So he wants a appeal court to grant him an attorney.
[01:50:39.000 --> 01:50:45.000] Because the appeals court would like, well, we're not in the right place to do that.
[01:50:45.000 --> 01:50:49.000] So we're going to order the courts to abide by your rights and give you your attorney.
[01:50:49.000 --> 01:50:51.000] And we're going to order it down.
[01:50:51.000 --> 01:50:58.000] So they sent Lozano an order in the mail, but you know, the courts take time for that paperwork to go through.
[01:50:58.000 --> 01:51:06.000] So what we did, we took that order and then we wrote a nasty little demand, a demand.
[01:51:06.000 --> 01:51:15.000] Every word in there was demand and authoritative for a council of choice.
[01:51:15.000 --> 01:51:24.000] So basically demanding the court on orders and the violation of them violating Mr. Lozano's right.
[01:51:24.000 --> 01:51:30.000] So, you know, when you file that, the motion goes to the DA also.
[01:51:30.000 --> 01:51:34.000] So the DAs were walking on pins and needles around us today.
[01:51:34.000 --> 01:51:37.000] And one DA, she just couldn't keep her eyes off me.
[01:51:37.000 --> 01:51:39.000] Even Lozano was like, yo, was she looking at you?
[01:51:39.000 --> 01:51:42.000] I'm like, yeah, she was staring at me like a hawk.
[01:51:42.000 --> 01:51:47.000] She didn't care that she didn't care that everybody was looking or I saw her.
[01:51:47.000 --> 01:51:49.000] She was looking at me like, what?
[01:51:49.000 --> 01:52:07.000] I'm like, whatever I did got her attention because I also probably complain on the DA for pressing charges on me for evading arrest and without having a charge that a crime could, without having a crime being committed.
[01:52:07.000 --> 01:52:15.000] It had no reason to arrest you, but you evaded arrest when you couldn't be arrested.
[01:52:15.000 --> 01:52:20.000] Right. And they prosecuted me without a charge.
[01:52:20.000 --> 01:52:24.000] So she was looking at me like I killed somebody.
[01:52:24.000 --> 01:52:32.000] So now the DA is, oh, he's humble.
[01:52:32.000 --> 01:52:34.000] He is so humble today.
[01:52:34.000 --> 01:52:37.000] He's so humble. He doesn't want to look at us, right?
[01:52:37.000 --> 01:52:40.000] So we're waiting for Mr. Lozano to be called up.
[01:52:40.000 --> 01:52:51.000] The DA gets up there and he's like, oh, your honor, well, the court has to address an issue with Mr. Lozano.
[01:52:51.000 --> 01:52:56.000] And me and Mr. Lozano just sit down and stand at each other like, this ain't right.
[01:52:56.000 --> 01:52:59.000] I don't think he has the authority to call us up here.
[01:52:59.000 --> 01:53:00.000] We ain't going nowhere.
[01:53:00.000 --> 01:53:05.000] So we just sat there. We just sat there. We were waiting. And they were like, oh, as long as you, you come up.
[01:53:05.000 --> 01:53:06.000] They're like, oh, yeah, come on.
[01:53:06.000 --> 01:53:08.000] So it was so funny because we were stalling.
[01:53:08.000 --> 01:53:13.000] They were stalling them and nobody seemed to want to make a move with nothing.
[01:53:13.000 --> 01:53:16.000] He dragged himself up there.
[01:53:16.000 --> 01:53:18.000] It was very nice and close.
[01:53:18.000 --> 01:53:26.000] And they were like, well, we have to address an issue concerning Mr. Lozano with a motion for counsel, your honor.
[01:53:26.000 --> 01:53:32.000] And he's like, oh, okay. And he pulled the paper up and he started, he read Mr. Lozano's motion.
[01:53:32.000 --> 01:53:34.000] I mean, it was so quiet.
[01:53:34.000 --> 01:53:36.000] It was too quiet.
[01:53:36.000 --> 01:53:38.000] We went through several procedures.
[01:53:38.000 --> 01:53:42.000] It's never that quiet when the judge is reading over stuff.
[01:53:42.000 --> 01:53:48.000] It was so bad that the clerk is always, you know, the clerk is always looking in his file while he's reading and assisting him, right?
[01:53:48.000 --> 01:53:54.000] She did not. She looked the other way and kept her head turned the whole time.
[01:53:54.000 --> 01:53:56.000] It was embarrassing.
[01:53:56.000 --> 01:54:04.000] So after he read it, because, you know, it was a nasty demand letter, and then we posted the order behind it.
[01:54:04.000 --> 01:54:08.000] You know, the courts take a longer process to get the order to the clerks.
[01:54:08.000 --> 01:54:13.000] What we did, we took the order that the court sent us and filed it in the documents.
[01:54:13.000 --> 01:54:20.000] And because of these extra days that they set for hearings, we got a court date immediately.
[01:54:20.000 --> 01:54:24.000] So we jumped all that.
[01:54:24.000 --> 01:54:26.000] So he looked up at Mr. Lozano.
[01:54:26.000 --> 01:54:36.000] He said, so Mr. Lozano, I'm taking that you want the court to grant, grant you,
[01:54:36.000 --> 01:54:41.000] but you want the court to grant you Mr. John's extra as an attorney.
[01:54:41.000 --> 01:54:43.000] He said, yes.
[01:54:43.000 --> 01:54:48.000] He said, well, okay, the courts are going to show that Mr. Lozano,
[01:54:48.000 --> 01:54:53.000] Mr. John's attorney is your attorney for the appeals, Mr. Lozano.
[01:54:53.000 --> 01:54:57.000] And, man, we walked out and had a big shot.
[01:54:57.000 --> 01:55:04.000] Everybody with their eyes big, because two weeks ago, I was laughing at him in open court.
[01:55:04.000 --> 01:55:09.000] And they were doing things like, you know, they're kings, and I'm laughing at a king in open court.
[01:55:09.000 --> 01:55:11.000] Like, hold on, we're going to be right back.
[01:55:11.000 --> 01:55:18.000] And later we come in there and just kick them all around and enforce them because he, several people,
[01:55:18.000 --> 01:55:23.000] has demand from knowingly, has demand their counsel of choice.
[01:55:23.000 --> 01:55:25.000] And he has denied it.
[01:55:25.000 --> 01:55:27.000] Oh, that doesn't exist in Tennessee.
[01:55:27.000 --> 01:55:29.000] That doesn't exist in Tennessee.
[01:55:29.000 --> 01:55:32.000] Today, he said, yes, sir.
[01:55:32.000 --> 01:55:35.000] He said, get your counsel of choice immediately.
[01:55:35.000 --> 01:55:38.000] Get these guys out of here.
[01:55:38.000 --> 01:55:44.000] So all those guys that have demanded it, give them a copy of your demand letter.
[01:55:44.000 --> 01:55:50.000] No, well, they demanded it because of me and the judge knew it.
[01:55:50.000 --> 01:55:56.000] So nobody knows how to correctly address the law to these courts.
[01:55:56.000 --> 01:56:00.000] So when they do that, they know it comes from me.
[01:56:00.000 --> 01:56:06.000] So because it came from me, they ruled against it saying that, you know,
[01:56:06.000 --> 01:56:08.000] this doesn't exist.
[01:56:08.000 --> 01:56:11.000] You got this stuff from Mr. Olivier.
[01:56:11.000 --> 01:56:19.000] But now they see that we are running the higher courts.
[01:56:19.000 --> 01:56:28.000] Now they're like, well, okay, we're in trouble because Mr. Olivier is running the appeals.
[01:56:28.000 --> 01:56:36.000] And obviously the higher court just ordered us to do what Mr. Lozano says.
[01:56:36.000 --> 01:56:49.000] And now Mr. Lozano has written us a letter in command position, letting them know that I am your master.
[01:56:49.000 --> 01:56:56.000] Then what you did before was unacceptable and you're going to pay.
[01:56:56.000 --> 01:57:01.000] This is good. This is how we get things fixed.
[01:57:01.000 --> 01:57:08.000] There's nothing worse for these guys than especially you and Lozano.
[01:57:08.000 --> 01:57:16.000] In Tennessee, two black guys with dreadlocks comes in there and wipes the floor with them.
[01:57:16.000 --> 01:57:20.000] That has to be absolutely humiliating.
[01:57:20.000 --> 01:57:23.000] One Spanish, one black.
[01:57:23.000 --> 01:57:26.000] Oh, okay. Lozano is Spanish.
[01:57:26.000 --> 01:57:27.000] Oh, okay.
[01:57:27.000 --> 01:57:29.000] Yeah. And he's a bad thing, right?
[01:57:29.000 --> 01:57:31.000] I'm black, right? I seem black.
[01:57:31.000 --> 01:57:34.000] But once you get to know me, you're like, there's something funny about you.
[01:57:34.000 --> 01:57:36.000] I don't know. What is it?
[01:57:36.000 --> 01:57:38.000] I'm like, oh, I'm French.
[01:57:38.000 --> 01:57:40.000] It's like, you're not black?
[01:57:40.000 --> 01:57:41.000] I'm like, no, I'm French.
[01:57:41.000 --> 01:57:43.000] But I left something black.
[01:57:43.000 --> 01:57:48.000] But once they realized I'm French, they throw them for a loop.
[01:57:48.000 --> 01:57:54.000] They're just like, what am I experiencing?
[01:57:54.000 --> 01:58:00.000] There's poetic justice to that.
[01:58:00.000 --> 01:58:07.000] The last one they would expect and that's what makes it so much more powerful.
[01:58:07.000 --> 01:58:16.000] Because now the court is sitting there and they're looking out at these people and they're classifying them.
[01:58:16.000 --> 01:58:24.000] And now they're looking out there wondering which one of these guys is going to come in here and drop the sky on me.
[01:58:24.000 --> 01:58:29.000] Anybody who's listened to my show for a long time, here's me say this over and over.
[01:58:29.000 --> 01:58:41.000] My primary purpose in doing this show and in all that I do before the courts is to put every judge in the country in a position such that when he walks up,
[01:58:41.000 --> 01:58:46.000] steps up behind the bench and looks out across the bar at the gallery and wondering which one.
[01:58:46.000 --> 01:58:50.000] Which one of those scoundrels sitting out there waiting for me to stop?
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