ROL_2017-10-27_16k_Hr3-4.timecode

[00:13.420 --> 00:21.220]  into the tides of the alternative.
[00:21.220 --> 00:27.660]  Markets for Wednesday, the 25th of October, 2017, closed with gold at $1,277.55 an ounce,
[00:27.660 --> 00:35.520]  silver at $16.96 an ounce, Texas crude at $52.47 a barrel, bitcoin at $5,680, and Dash
[00:35.520 --> 00:43.880]  coin sitting at about 289 US currency.
[00:43.880 --> 00:49.480]  Today in history, the year 1917, the great October socialist revolution, the uprising
[00:49.480 --> 00:54.300]  of the Bolshevik coup in Russia, known as Red October, on the old style calendar, today
[00:54.300 --> 00:59.160]  in history.
[00:59.160 --> 01:04.280]  In recent news, Catalonia's vice president, Árós Ján Cuárez, stated that the Spanish
[01:04.280 --> 01:08.380]  government has given Catalonia no choice but to declare independence.
[01:08.380 --> 01:12.420]  This after Madrid declared the referendum illegal and sent civil guard to stop people
[01:12.420 --> 01:17.440]  from voting on the 1st of October with rubber bullets where nearly 900 people were injured
[01:17.440 --> 01:19.800]  and the violence that broke out at polling stations.
[01:19.800 --> 01:24.080]  With the Spanish senate scheduled to impose more direct control over the autonomous region,
[01:24.080 --> 01:29.040]  activating Spain's article 155 of the constitution later this week, President Puigmon turned
[01:29.040 --> 01:33.400]  down the invitation to address the senate about Catalana independence as a result of
[01:33.400 --> 01:40.160]  Madrid's stated intentions.
[01:40.160 --> 01:43.840]  Following an increase of terror attacks in England, Theresa May declared, enough is enough,
[01:43.840 --> 01:45.960]  vowing to crack down on extremism.
[01:45.960 --> 01:50.160]  Home Secretary Amber Rude recently announced plans to increase jail terms for those found
[01:50.160 --> 01:55.480]  guilty of streaming online extremist content up to 15 years in jail.
[01:55.480 --> 01:59.280]  Currently, the law only applies to material downloaded and stored and comes with a maximal
[01:59.280 --> 02:03.640]  penalty of 10 years, with a Downing Street spokeswoman saying that, quote, what we want
[02:03.640 --> 02:07.960]  to do is to send a clear message that we will not tolerate terrorism, those who help radicalize
[02:07.960 --> 02:12.980]  terrorists with their extremist views, or those who turn a blind eye to terrorist activity.
[02:12.980 --> 02:17.680]  Back in a meeting with corporate executives in September, May stated that, quote, ultimately
[02:17.680 --> 02:22.120]  it's not just the terrorists themselves who we need to defeat, it's the extremist ideologies
[02:22.120 --> 02:23.400]  that fuel them.
[02:23.400 --> 02:28.480]  It's the ideologies that preach hatred, sow division, and undermine our common humanity.
[02:28.480 --> 02:32.360]  We must be far more robust in identifying these ideologies and defeating them across
[02:32.360 --> 02:39.240]  all parts of our societies.
[02:39.240 --> 02:42.680]  Pope Francis is planning to make a call to the International Space Station tomorrow,
[02:42.680 --> 02:48.280]  October 26th, to speak with Expedition 53 crew members, a webcast of the in-flight interview
[02:48.280 --> 02:55.360]  will be broadcast live on NASA TV and on the Vatican's YouTube page.
[02:55.360 --> 03:16.440]  This is Rick Rode with your lowdown for October 25th, 2017.
[03:16.440 --> 03:20.200]  Okay.
[03:20.200 --> 03:21.200]  We are back.
[03:21.200 --> 03:26.180]  Rick Halden, Rule of Law Radio, and we're talking to Ken in New York.
[03:26.180 --> 03:28.400]  We do have some room on our call board.
[03:28.400 --> 03:32.080]  Our call-in number is 512-646-1984.
[03:32.080 --> 03:35.760]  You have a question or comment, give us a call.
[03:35.760 --> 03:38.120]  And we're talking to Ken about politics.
[03:38.120 --> 03:47.620]  I never really liked politics, but the more I work trying to bring remedy to the average
[03:47.620 --> 03:52.520]  person, the more I'm drawn to the political side.
[03:52.520 --> 03:56.800]  And it sounds like, Ken, you actually know how to get that done.
[03:56.800 --> 04:01.800]  And I'll tell you why, because basically I'm a lazy person.
[04:01.800 --> 04:09.480]  As a technician, I don't know if I may mention, I used to repair televisions when they were
[04:09.480 --> 04:11.000]  worth fixing.
[04:11.000 --> 04:18.640]  And I started by destroying the family's appliances when I was 16, and then a year later I learned
[04:18.640 --> 04:25.800]  how to put them back together again.
[04:25.800 --> 04:31.600]  The worst part is I got into the television industry when you actually had to troubleshoot
[04:31.600 --> 04:33.080]  down to the component level.
[04:33.080 --> 04:36.520]  They didn't quite have modules yet.
[04:36.520 --> 04:45.000]  And I always looked for, I could take a problem and break it up into pieces, and after a while
[04:45.000 --> 04:51.760]  I learned how to try to find an easy way to fix, I was always looking for an easy way
[04:51.760 --> 04:55.960]  to fix something so I wouldn't have to do the heavy lifting.
[04:55.960 --> 05:02.040]  And that in itself takes a lot of effort to try to get around it.
[05:02.040 --> 05:10.080]  I don't know if it's making any sense or not, but it takes a lot to figure out the process
[05:10.080 --> 05:11.080]  of how to do it.
[05:11.080 --> 05:15.000]  But once you got the process down, then it gets easier.
[05:15.000 --> 05:17.480]  After a while, the short circuit was the best.
[05:17.480 --> 05:24.240]  I tried to short circuit things and I just tried to find an easy, easy way to get something
[05:24.240 --> 05:35.120]  done and none of this stuff ever mattered until I got sued the first time.
[05:35.120 --> 05:39.640]  One last thing I want to ask you is, I've heard many people say that they get overruled
[05:39.640 --> 05:41.640]  all the time in court.
[05:41.640 --> 05:49.040]  Now I don't know if I heard this from you a long time ago or not, but isn't there a,
[05:49.040 --> 05:54.800]  when you raise an objection and you don't agree with the judge, can you say objection
[05:54.800 --> 06:00.480]  exception and the judge is supposed to say to you so noted, does that mean anything?
[06:00.480 --> 06:03.000]  Yeah, absolutely.
[06:03.000 --> 06:08.660]  Then that preserves it for appeal.
[06:08.660 --> 06:16.200]  May the record reflect defendant or plaintiff's exception to the ruling and that preserves
[06:16.200 --> 06:17.200]  it for appeal.
[06:17.200 --> 06:24.360]  Okay, so the object is you keep him from, you keep the judge from steamrolling over
[06:24.360 --> 06:31.480]  you by just out of hand rejecting whatever argument you may have.
[06:31.480 --> 06:32.800]  Exactly.
[06:32.800 --> 06:40.080]  And I've had judges get frustrated with me doing that because they overrule everything
[06:40.080 --> 06:42.640]  and I do the same thing on every one.
[06:42.640 --> 06:49.720]  And he said, you don't have to do that anymore, Mr. Kelton, we will, the court will accept
[06:49.720 --> 06:56.360]  that you, the court recognized that you accept to its rulings.
[06:56.360 --> 06:57.360]  Okay.
[06:57.360 --> 06:58.360]  Okay.
[06:58.360 --> 06:59.360]  Okay.
[06:59.360 --> 07:00.360]  That'll work.
[07:00.360 --> 07:04.400]  I thought I heard it from you, but I wasn't entirely, it could have been years ago.
[07:04.400 --> 07:08.840]  And you know, just to close it out, I know you got other callers.
[07:08.840 --> 07:18.960]  Deborah once said a long time ago, public serpents, she has no idea how close she is.
[07:18.960 --> 07:20.840]  I think they really are.
[07:20.840 --> 07:23.960]  Wait, wait, I missed part of that.
[07:23.960 --> 07:24.960]  Say that again.
[07:24.960 --> 07:25.960]  I'm sorry.
[07:25.960 --> 07:26.960]  Deborah.
[07:26.960 --> 07:33.240]  I said once Deborah, Deborah, a long time ago called public servants, public serpents.
[07:33.240 --> 07:35.200]  Oh, serpents.
[07:35.200 --> 07:36.200]  Yeah.
[07:36.200 --> 07:42.520]  And I actually, I remember her doing that.
[07:42.520 --> 07:45.360]  She used to call them serpents.
[07:45.360 --> 07:52.720]  Why would a guy with an exemplary career throw it all down the toilet at age 76 for a cop
[07:52.720 --> 07:57.800]  beating somebody up in the basement of a precinct, it's a very rich area in Smithtown.
[07:57.800 --> 08:03.280]  Well, he has probably done the same thing a thousand times.
[08:03.280 --> 08:05.600]  But he just got caught at it.
[08:05.600 --> 08:06.600]  For some reason.
[08:06.600 --> 08:13.760]  That's why I was asking about the political side, because he does this all the time.
[08:13.760 --> 08:14.760]  This is what they do.
[08:14.760 --> 08:16.200]  They protect one another.
[08:16.200 --> 08:18.560]  They all have their snouts in the same trough.
[08:18.560 --> 08:25.040]  And I was wondering, how did somebody get him nailed on this one?
[08:25.040 --> 08:29.120]  Who was upset at this guy and wanted to get rid of him?
[08:29.120 --> 08:30.560]  Yeah.
[08:30.560 --> 08:31.560]  Somebody wants his job.
[08:31.560 --> 08:36.360]  And I think I've mentioned that before sometime, whenever you find somebody, whenever you want
[08:36.360 --> 08:42.140]  to get to somebody, if you can't get any traction with a particular person, try to find somebody
[08:42.140 --> 08:45.480]  that wants his job and go to them.
[08:45.480 --> 08:46.480]  Okay.
[08:46.480 --> 08:48.480]  Quick story.
[08:48.480 --> 08:53.120]  I'm trying to get a guy out of jail in Montgomery County, Texas.
[08:53.120 --> 08:58.480]  I file a habeas corpus, file it with the, file it with a judge.
[08:58.480 --> 09:01.880]  He asked me if I was an attorney.
[09:01.880 --> 09:05.240]  They stopped a murder trial to hear my habeas.
[09:05.240 --> 09:06.880]  Mr. Kelton, are you an attorney?
[09:06.880 --> 09:07.880]  Oh, no judge.
[09:07.880 --> 09:10.720]  I sleep well at night, keep my hands in my own pockets.
[09:10.720 --> 09:11.720]  Thank you very much.
[09:11.720 --> 09:14.800]  Well, he refused to take the habeas.
[09:14.800 --> 09:20.440]  So I filed it with the court of criminal appeals, along with criminal charges against the judge.
[09:20.440 --> 09:25.520]  Court of criminal appeals refused to take it unless I filed a motion for leave to file.
[09:25.520 --> 09:28.400]  And I told the clerk, heck with that.
[09:28.400 --> 09:30.740]  This is the great writ, the writ of right.
[09:30.740 --> 09:33.440]  This court has no power to grant or deny leave.
[09:33.440 --> 09:35.240]  Well, they wouldn't take it without it.
[09:35.240 --> 09:38.000]  I'm trying to get this kid out of jail, so it's not my fight.
[09:38.000 --> 09:43.260]  I file a motion for leave to file and the highest court in Texas denied me leave to
[09:43.260 --> 09:46.240]  file a habeas corpus.
[09:46.240 --> 09:48.820]  Went straight to the grand jury with it.
[09:48.820 --> 09:51.740]  Took me a year to get it in front of the grand jury.
[09:51.740 --> 09:55.520]  But when I went to the grand jury the first time, two days later, they let this kid out
[09:55.520 --> 09:57.520]  of jail.
[09:57.520 --> 10:00.120]  I guess they figured I would go away, but I didn't.
[10:00.120 --> 10:02.680]  A year later, I get it before the grand jury.
[10:02.680 --> 10:07.280]  I actually got the prosecutor to take it.
[10:07.280 --> 10:14.180]  And generally, it takes them about 20 minutes to do an individual complaint.
[10:14.180 --> 10:16.400]  So they get it on April the 1st.
[10:16.400 --> 10:22.760]  In the middle of May, I called the prosecutor and said, what is the deal with my complaints?
[10:22.760 --> 10:28.080]  And because I had told her, I said, Claire 2.03 says, you have to give this to the grand
[10:28.080 --> 10:31.440]  jury, so you don't have to agree with it.
[10:31.440 --> 10:34.560]  You can go in there and argue against indictment.
[10:34.560 --> 10:39.720]  You get to ride in on your white horse and beat a good guy, save the day.
[10:39.720 --> 10:43.560]  So month and a half later, I called her and I said, what's the deal?
[10:43.560 --> 10:52.400]  She said, Mr. Kelton, I made sure that every grand juror read your entire presentment.
[10:52.400 --> 10:56.900]  It was 111 pages.
[10:56.900 --> 11:02.280]  And I thought, what on earth is going on?
[11:02.280 --> 11:08.100]  She is not trying to get a no bill.
[11:08.100 --> 11:15.600]  And then it occurred to me, Ron Earl, 25-year district attorney, Travis County, he's the
[11:15.600 --> 11:24.440]  guy who took out Tom DeLay, second highest political figure in the country.
[11:24.440 --> 11:29.920]  Ron Earl took him out and nobody ever accused Ron Earl of a crime, I mean, Tom DeLay of
[11:29.920 --> 11:30.920]  a crime.
[11:30.920 --> 11:34.240]  I filed a habeas in the case.
[11:34.240 --> 11:36.320]  You had something on your website about that.
[11:36.320 --> 11:38.320]  I seem to remember that.
[11:38.320 --> 11:44.120]  Yeah, the Tom DeLay writ, the Tom DeLay habeas is on my website.
[11:44.120 --> 11:53.720]  But I thought about it and the 25-year district attorney, he's retiring.
[11:53.720 --> 11:55.200]  He's a Democrat.
[11:55.200 --> 12:02.800]  All 15 of these judges are Republicans, that dirty rotten scoundrel.
[12:02.800 --> 12:09.460]  Now I gave him a lot of problems and I pressured him and I thought at the time that I got this
[12:09.460 --> 12:16.120]  done because of all of my self-righteous rhetoric and all the pressure I'd put on him had nothing
[12:16.120 --> 12:19.320]  to do with any of that.
[12:19.320 --> 12:27.200]  It had to do with Ron Earl taking my complaint and using it as cannon fodder to try to take
[12:27.200 --> 12:31.000]  those 15 judges out with him.
[12:31.000 --> 12:34.420]  That was a good lesson for me.
[12:34.420 --> 12:42.580]  Who needs your situation to use this cannon fodder to get somebody thereafter?
[12:42.580 --> 12:47.640]  So if I have a prosecutor that I'm not happy with, I want to know who is really upset at
[12:47.640 --> 12:50.460]  that prosecutor.
[12:50.460 --> 12:57.280]  Who wants to take his place or who just wants to get rid of it?
[12:57.280 --> 12:59.200]  And you take them cannon fodder.
[12:59.200 --> 13:02.200]  This is how we're going to get these things done.
[13:02.200 --> 13:09.080]  We've got to start thinking about them different and I have these rules and one of them is
[13:09.080 --> 13:15.360]  you'll never win your case simply because you have the law and the facts on your side.
[13:15.360 --> 13:18.360]  To think so is naive.
[13:18.360 --> 13:24.360]  You'll only win your case if you have the politics on your side and all politics is
[13:24.360 --> 13:27.780]  local.
[13:27.780 --> 13:29.360]  You understand that.
[13:29.360 --> 13:34.320]  Tip O'Neill said that a long time ago.
[13:34.320 --> 13:35.320]  Tip O'Neill.
[13:35.320 --> 13:39.000]  You mean I stole that from Tip O'Neill?
[13:39.000 --> 13:42.320]  Yes, you did.
[13:42.320 --> 13:45.000]  Here I thought I made it up and I'm plagiarizing.
[13:45.000 --> 13:47.440]  Well, that's even better.
[13:47.440 --> 13:50.560]  I have a picture of Tip O'Neill.
[13:50.560 --> 13:57.480]  I have a picture of Ron Paul Chevette parked next to Tip O'Neill's 92 Lincoln.
[13:57.480 --> 14:02.640]  I picked it up on Friday and you didn't have to look.
[14:02.640 --> 14:03.640]  Good night.
[14:03.640 --> 14:06.480]  I'm sorry I held you up so long.
[14:06.480 --> 14:08.480]  Okay, but that was a good interaction.
[14:08.480 --> 14:11.360]  I only keep going when we have good information.
[14:11.360 --> 14:12.360]  Yeah.
[14:12.360 --> 14:17.200]  I'll call you my petty problems next week.
[14:17.200 --> 14:19.840]  Okay, thank you, Ken.
[14:19.840 --> 14:23.440]  Okay, now we're going to Tim in Texas.
[14:23.440 --> 14:24.440]  Hello, Tim.
[14:24.440 --> 14:25.440]  Hello, sir.
[14:25.440 --> 14:28.480]  What do you have for us today?
[14:28.480 --> 14:36.640]  Well, anytime I listen to you, you get my brain to staring for questions that I want
[14:36.640 --> 14:43.080]  to ask you so that I can, you know, have an idea about our situation.
[14:43.080 --> 14:52.240]  And the day that we went to the court that the city took me to, and the district-
[14:52.240 --> 14:53.240]  Wait a minute.
[14:53.240 --> 14:55.800]  Hold on.
[14:55.800 --> 14:56.800]  Back up.
[14:56.800 --> 14:58.200]  Let me give a brief overview.
[14:58.200 --> 15:06.480]  I spoke earlier to someone here that where the city, when I was speaking to Olivier,
[15:06.480 --> 15:13.960]  I mentioned that I had someone I was working with where the city had acted outrageous.
[15:13.960 --> 15:20.440]  And this is a case, auto repair shop, the wife's on the city council.
[15:20.440 --> 15:23.080]  She doesn't vote for the city administrator's raise.
[15:23.080 --> 15:30.800]  She gets off to city council, the city administrator starts orchestrating a campaign against her.
[15:30.800 --> 15:38.040]  They charge Tim with eight counts of having junk vehicles.
[15:38.040 --> 15:43.720]  So he gets some licensed and pretty well takes care of them.
[15:43.720 --> 15:54.320]  And he goes to court and the city just does absolutely outrageous stuff.
[15:54.320 --> 15:57.280]  And Tim and his wife, this is their business.
[15:57.280 --> 15:58.720]  This is their livelihood.
[15:58.720 --> 16:00.680]  And these guys are trying to put them out of business.
[16:00.680 --> 16:10.280]  And it's very difficult when you have public officials where the law is absolutely clear
[16:10.280 --> 16:13.720]  and they just ignore it.
[16:13.720 --> 16:19.500]  And they're reasonably concerned that these guys are going to put them out of business.
[16:19.500 --> 16:23.320]  But I don't have a dog in that hunt.
[16:23.320 --> 16:26.160]  They're not coming after me.
[16:26.160 --> 16:29.980]  So I can step back and look at it different.
[16:29.980 --> 16:34.660]  And I could say this easily because I once defended myself against a charge that would
[16:34.660 --> 16:38.560]  get me a year in jail.
[16:38.560 --> 16:45.060]  And for all that I think I know about law, I was absolutely incompetent.
[16:45.060 --> 16:50.680]  And the jury threw the book at me because I had too much invested in it.
[16:50.680 --> 16:56.960]  I needed someone who could stand back and look at it from a detached perspective.
[16:56.960 --> 16:59.640]  Well, I watch these officials.
[16:59.640 --> 17:01.160]  Dang, cookies.
[17:01.160 --> 17:02.160]  Cookies?
[17:02.160 --> 17:03.160]  Me love cookies.
[17:03.160 --> 17:04.640]  Oh, hi, cookie muncher.
[17:04.640 --> 17:06.640]  No, these are yucky cookies.
[17:06.640 --> 17:07.640]  Cookies?
[17:07.640 --> 17:09.400]  No, no bad cookies.
[17:09.400 --> 17:11.120]  You can't even eat these cookies.
[17:11.120 --> 17:12.680]  These are cyber cookies.
[17:12.680 --> 17:14.040]  No can't eat.
[17:14.040 --> 17:16.760]  No, they are cyber cookies and they clog up your computer.
[17:16.760 --> 17:18.080]  These have apple.
[17:18.080 --> 17:19.080]  Really?
[17:19.080 --> 17:21.200]  Oh, that's an actual apple.
[17:21.200 --> 17:23.360]  Yummy apple.
[17:23.360 --> 17:26.760]  I'm going to throw away these yucky cookies in the trash.
[17:26.760 --> 17:32.960]  I click control, shift, delete, and then scroll down to cookies and clear them.
[17:32.960 --> 17:34.360]  Bye bye, yucky cookies.
[17:34.360 --> 17:40.120]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand
[17:40.120 --> 17:46.160]  side, bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.160 --> 17:47.160]  new cookies.
[17:47.160 --> 17:48.960]  New cookies for me?
[17:48.960 --> 17:50.960]  Consider it an early Christmas present.
[17:50.960 --> 17:55.760]  And every time I order on Amazon, I go through this link and I give a little present to this
[17:55.760 --> 17:57.480]  radio network too.
[17:57.480 --> 17:58.480]  C is for cookie.
[17:58.480 --> 18:00.520]  C is for classified.
[18:00.520 --> 18:05.640]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[18:14.640 --> 18:19.460]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.460 --> 18:25.320]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[18:25.320 --> 18:29.880]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[18:29.880 --> 18:34.080]  financial tables on them and make them pay you to go away.
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[18:38.960 --> 18:41.360]  Personal consultation is available as well.
[18:41.360 --> 18:46.880]  For more information, please visit RuleOfLawRadio.com and click on the blue Michael Meris banner
[18:46.880 --> 18:49.320]  or email MichaelMeris at Yahoo.com.
[18:49.320 --> 18:59.440]  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 collectors
[18:59.440 --> 19:00.440]  now.
[19:00.440 --> 19:05.440]  If you are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:05.440 --> 19:18.560]  Well, don't let nothing get to you, only the father can deliver you, so don't let bad mind
[19:18.560 --> 19:20.120]  people hurt you.
[19:20.120 --> 19:22.640]  Until I say something, get big.
[19:22.640 --> 19:23.640]  Okay.
[19:23.640 --> 19:24.640]  We are back.
[19:24.640 --> 19:26.840]  We're at the Kelton Rule of Law Radio.
[19:26.840 --> 19:29.720]  And we're talking to Tim in Texas.
[19:29.720 --> 19:30.720]  Okay.
[19:30.720 --> 19:38.240]  Well, they have, the city has pretty well screwed up everything they could.
[19:38.240 --> 19:42.220]  And you know, I'm always telling people file bar grievances and judicial conduct complaints.
[19:42.220 --> 19:47.600]  And I suggested that he hold off because they hadn't finished screwing up.
[19:47.600 --> 19:55.440]  And then they, I won't go through all of the details, but they just filed suit asking for
[19:55.440 --> 20:03.340]  $100,000 or less and they asked for an injunction against him where, if he violated the injunction,
[20:03.340 --> 20:05.720]  that they could charge him $1,000 a day.
[20:05.720 --> 20:10.600]  They're trying to terrify him, him and his wife.
[20:10.600 --> 20:14.280]  And they are worried with good cause.
[20:14.280 --> 20:22.080]  But we're right at the point now where he begins to stand in Scott Richardson's shoes.
[20:22.080 --> 20:26.120]  Gus, we've just filed a first salvo.
[20:26.120 --> 20:31.560]  Tim, did you get those complaints to the district attorney?
[20:31.560 --> 20:33.520]  Yes, sir.
[20:33.520 --> 20:38.720]  And we spoke with him personally and we had him sign for them.
[20:38.720 --> 20:41.340]  We did not mention your name or anything.
[20:41.340 --> 20:44.720]  He said that he would look at them.
[20:44.720 --> 20:50.640]  He said that it probably wouldn't be this next grand jury coming up, which is the 16th
[20:50.640 --> 20:57.600]  of November, but he would read them and he would go through them.
[20:57.600 --> 21:01.340]  And then he said, but he might not even present them to the grand jury.
[21:01.340 --> 21:03.160]  So I didn't know.
[21:03.160 --> 21:09.680]  That's why I had some questions about what actually took place this week with the judge
[21:09.680 --> 21:10.680]  and with the DA.
[21:10.680 --> 21:15.320]  So you want me to start with my questions?
[21:15.320 --> 21:18.160]  Yes, go ahead.
[21:18.160 --> 21:19.160]  Okay.
[21:19.160 --> 21:26.320]  When the judge refused to allow my challenge to subject matter jurisdiction and my recusal,
[21:26.320 --> 21:31.160]  recusing him from the case, he said it was too late.
[21:31.160 --> 21:32.160]  Okay.
[21:32.160 --> 21:36.600]  So that, you know, I didn't really know what to say when he said that.
[21:36.600 --> 21:40.080]  So should I have asked him to recite the law?
[21:40.080 --> 21:41.080]  No.
[21:41.080 --> 21:42.080]  Okay.
[21:42.080 --> 21:43.080]  You didn't.
[21:43.080 --> 21:44.080]  You didn't.
[21:44.080 --> 21:45.080]  Don't do anything.
[21:45.080 --> 21:51.840]  Don't give him a reason to charge you with contempt to court.
[21:51.840 --> 21:52.840]  Right.
[21:52.840 --> 21:53.840]  Okay.
[21:53.840 --> 21:56.640]  So you put the motions in.
[21:56.640 --> 21:59.920]  You invoked the law.
[21:59.920 --> 22:02.360]  You don't owe him fair warning.
[22:02.360 --> 22:03.360]  Okay.
[22:03.360 --> 22:06.800]  All right.
[22:06.800 --> 22:11.680]  And then should I inform Mark Lowry, excuse me, I didn't mean to mention his name, the
[22:11.680 --> 22:15.720]  DA, to pursue an indictment or else?
[22:15.720 --> 22:25.160]  Noel, what you might have said is that this is, we're not asking you to give this to the
[22:25.160 --> 22:27.440]  grand jury.
[22:27.440 --> 22:29.280]  These are for the grand jury.
[22:29.280 --> 22:31.080]  You have nothing to say about it.
[22:31.080 --> 22:35.400]  This is merely a courtesy copy, but that's okay.
[22:35.400 --> 22:41.120]  He's going to read the documents and when he reads them, he's going to know for sure
[22:41.120 --> 22:45.520]  where they came from.
[22:45.520 --> 22:46.920]  You said that.
[22:46.920 --> 22:47.920]  Yeah.
[22:47.920 --> 22:48.920]  He will recognize.
[22:48.920 --> 22:53.600]  You know, when I was talking to Ken earlier about how to write legal documents and how
[22:53.600 --> 23:03.280]  to use headings and such, I use those extensively and this is uncommon in legal writing.
[23:03.280 --> 23:07.360]  Most lawyers just stuff everything together.
[23:07.360 --> 23:09.080]  He will recognize my documents.
[23:09.080 --> 23:17.560]  He's read a lot of them and he's commented repeatedly on how easy they were to understand.
[23:17.560 --> 23:21.400]  So he will recognize the style and know exactly where they came from.
[23:21.400 --> 23:24.080]  He seems to be one of us.
[23:24.080 --> 23:31.480]  You know what I mean by that is that he's not real uppity, he's not real arrogant.
[23:31.480 --> 23:38.100]  I think if there is a single prosecutor in the state of Texas who has his moral center
[23:38.100 --> 23:40.400]  in the right place, it's Greg Lowery.
[23:40.400 --> 23:41.400]  Greg Lowery.
[23:41.400 --> 23:45.280]  I called him Mark Lowery, I'm sorry.
[23:45.280 --> 23:54.640]  I have a lot of respect for Greg and I went to see him one day and he said he got a call
[23:54.640 --> 24:00.240]  from a prosecutor in Wichita County and he wanted to know if you were crazy.
[24:00.240 --> 24:03.400]  And I said, what'd you tell him?
[24:03.400 --> 24:04.400]  Yeah, he is.
[24:04.400 --> 24:09.800]  Crazy enough to do what you should do.
[24:09.800 --> 24:14.920]  Yeah, but he went on to say, but if he tells you the law is a certain way, pay attention.
[24:14.920 --> 24:15.920]  He does his homework.
[24:15.920 --> 24:19.800]  I said, that'll work, I'll take that.
[24:19.800 --> 24:20.800]  Right.
[24:20.800 --> 24:30.560]  Well, you mentioned our last conversation that our procedure now is to take it instead
[24:30.560 --> 24:37.040]  of going after the judge, because we have to answer this thing by Monday morning.
[24:37.040 --> 24:39.960]  I have to have it notarized and in the hands of the court.
[24:39.960 --> 24:40.960]  I'll have all that.
[24:40.960 --> 24:41.960]  I got that.
[24:41.960 --> 24:42.960]  Oh, I know.
[24:42.960 --> 24:50.320]  But when it changes, is that the same time we're taking it to the federal-
[24:50.320 --> 24:56.440]  Wait a minute, you're using a lot of pronouns there and I'm not sure what it is referring
[24:56.440 --> 24:57.440]  to.
[24:57.440 --> 25:03.240]  The answer is supposed to be Monday, all right, to what they're suing me for, okay?
[25:03.240 --> 25:10.320]  But this other thing where you said to pursue it isn't the federal cause, all right?
[25:10.320 --> 25:11.600]  Okay, hold on.
[25:11.600 --> 25:12.600]  Back up.
[25:12.600 --> 25:13.600]  Let me explain.
[25:13.600 --> 25:14.600]  Okay.
[25:14.600 --> 25:18.680]  The rule is take the state to the Fed and the Fed to the state.
[25:18.680 --> 25:25.120]  We have a state case here where, for everybody else, Tim went to a hearing.
[25:25.120 --> 25:28.980]  They charged him with eight counts of having junk vehicles.
[25:28.980 --> 25:31.980]  He put in a request for jury trial.
[25:31.980 --> 25:37.560]  He goes to a hearing and the prosecutor came to him, pulled him aside, and suggested that
[25:37.560 --> 25:46.080]  he asked for a administrative hearing to determine if the vehicles fit the definition of junk
[25:46.080 --> 25:47.080]  vehicles.
[25:47.080 --> 25:54.520]  So, he said, okay, well, the first thing the prosecutor told him was that she was a disinterested
[25:54.520 --> 25:55.520]  employee.
[25:55.520 --> 25:56.520]  Yeah.
[25:56.520 --> 26:01.880]  Well, there's a problem with that.
[26:01.880 --> 26:05.000]  I'm pulling it up here.
[26:05.000 --> 26:19.520]  It's Texas Rules of Disciplinary Procedure, Rule 408 addresses that specifically.
[26:19.520 --> 26:22.240]  Trying to find it in my pleading here.
[26:22.240 --> 26:36.600]  It addresses telling a client that for a prosecutor, telling a client that the prosecutor is disinterested.
[26:36.600 --> 26:42.400]  They are specifically forbidden to say those words.
[26:42.400 --> 26:49.080]  In dealing on behalf of a client with a person who is not represented by counsel, a lawyer
[26:49.080 --> 26:56.280]  shall not state or imply that the lawyer is disinterested.
[26:56.280 --> 27:02.240]  When the lawyer knows or reasonably should know that the unrepresented person misunderstands
[27:02.240 --> 27:07.840]  the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the
[27:07.840 --> 27:11.640]  misunderstanding in the comments.
[27:11.640 --> 27:17.880]  An underrepresented person, particularly one not experienced in dealing with legal matters,
[27:17.880 --> 27:24.440]  might assume that a lawyer is disinterested in loyalties or is a disinterested authority
[27:24.440 --> 27:28.400]  on the law even when the lawyer represents a client.
[27:28.400 --> 27:32.740]  During the course of a lawyer's representation of a client, the lawyer should not give advice
[27:32.740 --> 27:39.060]  to an unrepresented person other than the advice to obtain counsel.
[27:39.060 --> 27:45.000]  With regard to the special responsibilities of a prosecutor, see Rule 309.
[27:45.000 --> 27:51.400]  He was the prosecutor, and she advised him to ask for administrative hearing.
[27:51.400 --> 27:54.080]  Well, he did.
[27:54.080 --> 27:58.560]  Administrative hearing for the purpose of determining whether or not these vehicles
[27:58.560 --> 28:04.360]  fit the definition of junk vehicles in the city ordinances.
[28:04.360 --> 28:15.120]  Well, when he got to the hearing, she directed the administrative board to adjudicate the
[28:15.120 --> 28:17.160]  criminal charges against him.
[28:17.160 --> 28:23.920]  They found him guilty of all of them charging an absolute maximum they could.
[28:23.920 --> 28:25.920]  That's baratory.
[28:25.920 --> 28:30.440]  Actually not the absolute, they charged me $1,000 per vehicle instead of, they could
[28:30.440 --> 28:31.440]  have charged me $2,000.
[28:31.440 --> 28:32.440]  Oh, okay.
[28:32.440 --> 28:36.560]  They charged him $8,000.
[28:36.560 --> 28:42.800]  But this hearing was granted for the purpose of determining whether or not the vehicles
[28:42.800 --> 28:45.520]  were junk.
[28:45.520 --> 28:49.640]  But the board adjudicated the case.
[28:49.640 --> 28:54.740]  Well, he had a request for jury trial here.
[28:54.740 --> 28:58.840]  And so then they came, then we filed a challenge subject matter jurisdiction.
[28:58.840 --> 28:59.840]  They didn't answer it.
[28:59.840 --> 29:01.640]  We filed the most for summary judgment.
[29:01.640 --> 29:06.480]  They didn't answer it, filed a request to set a hearing on the summary judgment their
[29:06.480 --> 29:14.040]  court refused to, and then they filed this suit to collect that $8,000.
[29:14.040 --> 29:21.840]  They filed the suit under, I'm looking for it here in the document, Texas, I think it's
[29:21.840 --> 29:29.560]  local government code, I'll find it here in a second, 30.0004.
[29:29.560 --> 29:38.800]  And that authorizes them to collect a fee after there has been a jury, if the person
[29:38.800 --> 29:42.520]  has requested a jury trial, it's after the jury trial.
[29:42.520 --> 29:47.600]  It's real clear there has to be a jury trial if one's requested.
[29:47.600 --> 29:50.440]  But one was requested.
[29:50.440 --> 29:53.880]  And there was no jury trial.
[29:53.880 --> 29:58.960]  And when there was an adjudication, there was a challenge subject matter jurisdiction
[29:58.960 --> 29:59.960]  law.
[29:59.960 --> 30:02.160]  Mind if we watch?
[30:02.160 --> 30:05.960]  It's only polite to ask, but your favorite restaurants and stores aren't always sticklers
[30:05.960 --> 30:06.960]  for manners.
[30:06.960 --> 30:11.100]  I'm Dr. Catherine Albrecht, and I'll be right back to tell you about secret recording devices
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[30:44.440 --> 30:46.840]  Think twice before you criticize the food.
[30:46.840 --> 30:50.960]  The restaurant could be listening through a microphone hidden under the table or capturing
[30:50.960 --> 30:53.160]  your opinions through a pinhole camera.
[30:53.160 --> 30:57.280]  When you're in a restaurant, a store, a park, virtually any public place, your behavior
[30:57.280 --> 30:59.440]  and conversations can be up for grabs.
[30:59.440 --> 31:02.400]  It isn't fair, but it can be perfectly legal.
[31:02.400 --> 31:07.240]  The logic says that if people nearby can overhear your conversation or see you scratch an itch,
[31:07.240 --> 31:10.000]  the hidden microphone or camera can do the same thing.
[31:10.000 --> 31:14.880]  While businesses often post signs informing you that these premises are under surveillance,
[31:14.880 --> 31:18.480]  that's not quite the same thing as telling you the potted plant behind your head could
[31:18.480 --> 31:20.360]  be listening to your dinner conversation.
[31:20.360 --> 31:22.420]  I'm Dr. Catherine Albrecht.
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[33:06.480 --> 33:23.080]  Okay, we
[33:23.080 --> 33:24.080]  are back.
[33:24.080 --> 33:27.720]  Randy Kelton, Rule of Law Radio, and we're talking to Tim in Texas.
[33:27.720 --> 33:32.800]  Okay, over the break, I found it.
[33:32.800 --> 33:42.920]  They sued under Chapter 54, I don't even have what the actual code is.
[33:42.920 --> 33:49.800]  The jurisdiction follows a plaintiff, oh, here it is, Chapter 54, Texas Local Government
[33:49.800 --> 33:52.380]  Code.
[33:52.380 --> 34:02.880]  They sued under Chapter 54, Texas Local Government Code to collect a municipal fee.
[34:02.880 --> 34:15.440]  Section 54.002, the very second statute, imposition of a fine in Type B general law municipality.
[34:15.440 --> 34:24.840]  If a defendant in a Type B general law municipality demands a jury trial, the fine may be imposed
[34:24.840 --> 34:31.440]  only on the verdict of a jury.
[34:31.440 --> 34:35.800]  How hard is that to understand?
[34:35.800 --> 34:39.960]  They imposed a fine by an administrative board.
[34:39.960 --> 34:53.480]  Can I verify something, is general law under the 5,000 population?
[34:53.480 --> 34:56.680]  I'm not sure, I'd have to look it up.
[34:56.680 --> 35:01.880]  I think general law is how the city actually organizes itself.
[35:01.880 --> 35:11.800]  Yeah, well, okay, because I was thinking that 5,000 and under is maybe general law.
[35:11.800 --> 35:16.600]  That's what we are because we're like 1,200 residents population.
[35:16.600 --> 35:22.640]  In this case, it doesn't matter because the suit was brought under Chapter 54.
[35:22.640 --> 35:25.600]  Okay, all right.
[35:25.600 --> 35:31.120]  And they're claiming a fee under Chapter 54.
[35:31.120 --> 35:35.480]  But the record shows that you requested a jury trial and there is nothing in the record
[35:35.480 --> 35:39.760]  showing that you waived the jury trial.
[35:39.760 --> 35:47.200]  Someone told me that because she said in court after we were in the back room and we came
[35:47.200 --> 35:55.660]  back out before the judge, she said verbally that defendant request an administrative hearing,
[35:55.660 --> 35:57.600]  which I never requested.
[35:57.600 --> 35:59.480]  She is the one immediately.
[35:59.480 --> 36:01.360]  Okay, don't argue all the points.
[36:01.360 --> 36:05.600]  Go on with where you're going.
[36:05.600 --> 36:07.720]  She requested an administrative hearing.
[36:07.720 --> 36:17.440]  Someone said that because she requested an administrative hearing, that I waived my right
[36:17.440 --> 36:18.440]  to a jury trial.
[36:18.440 --> 36:21.800]  Where did they come up with that?
[36:21.800 --> 36:23.800]  I don't know.
[36:23.800 --> 36:25.640]  They just made that up.
[36:25.640 --> 36:26.640]  Okay.
[36:26.640 --> 36:27.640]  All right.
[36:27.640 --> 36:33.560]  You have to waive your right to a jury trial in court.
[36:33.560 --> 36:38.160]  You have a written demand for a jury trial.
[36:38.160 --> 36:42.080]  The waiver has to be in writing.
[36:42.080 --> 36:46.040]  We got people out there making up all kind of crapola.
[36:46.040 --> 36:52.760]  If you come into court and you don't stand on one foot and put your left finger in your
[36:52.760 --> 36:57.800]  ear and speak out of the side of the mouth, you waive all this stuff.
[36:57.800 --> 37:03.720]  Well, they mentioned, they asked if did I object, you know, so, you know, that's what
[37:03.720 --> 37:04.720]  they're using.
[37:04.720 --> 37:10.960]  They don't under, somebody doesn't understand law.
[37:10.960 --> 37:13.400]  Well, it appeared to me that...
[37:13.400 --> 37:14.400]  Okay, wait a minute.
[37:14.400 --> 37:19.600]  Did this person know you had a written jury demand before the court?
[37:19.600 --> 37:20.600]  Yeah.
[37:20.600 --> 37:29.800]  Did he know that this administrative hearing was requested for a very specific focused
[37:29.800 --> 37:31.800]  purpose?
[37:31.800 --> 37:33.800]  I don't know.
[37:33.800 --> 37:37.120]  I doubt it because I didn't.
[37:37.120 --> 37:40.340]  Whoever told you this might not have known that.
[37:40.340 --> 37:48.680]  This hearing was requested by the prosecutor claiming that it was at the behest of the
[37:48.680 --> 37:56.960]  defendant to hold an administrative hearing for the singular purpose of determining the
[37:56.960 --> 37:59.600]  disposition of the vehicles in question.
[37:59.600 --> 38:06.120]  Well, I was going to mention that it appeared that the judge and the judge, the lady that
[38:06.120 --> 38:13.440]  was sitting beside him whispering in his ear during that first hearing and the prosecutor
[38:13.440 --> 38:17.740]  all had their papers in order and they knew what they were going to do before they did
[38:17.740 --> 38:18.740]  it.
[38:18.740 --> 38:24.880]  I mean, we don't care.
[38:24.880 --> 38:29.600]  Whatever they thought they knew they were doing, they didn't have it together.
[38:29.600 --> 38:41.960]  They made some big boo-boos because the prosecutor, as I read earlier, was absolutely forbidden
[38:41.960 --> 38:46.760]  to give you the legal advice she gave you to request this hearing.
[38:46.760 --> 38:50.720]  Oh, I've read it, I understand.
[38:50.720 --> 38:59.640]  And then she specifically told the judge you wanted the hearing for a restricted purpose
[38:59.640 --> 39:04.840]  that had nothing to do with the adjudication, direct adjudication of the case merely to
[39:04.840 --> 39:09.960]  determine the validity of a fact.
[39:09.960 --> 39:13.240]  She said, did she say that in open court because I'd have to go back and listen.
[39:13.240 --> 39:14.240]  Yes, she did.
[39:14.240 --> 39:16.440]  She did say that, okay.
[39:16.440 --> 39:19.320]  She said that specifically.
[39:19.320 --> 39:26.560]  So it appears as though the prosecutor orchestrated this whole thing.
[39:26.560 --> 39:31.400]  She can't say she acted in good faith here.
[39:31.400 --> 39:38.880]  Because what happened to Tim when he went to court, expecting to have a hearing to determine
[39:38.880 --> 39:42.720]  if the vehicles were actually junk or not, I was there.
[39:42.720 --> 39:47.280]  There was never any real consideration of that.
[39:47.280 --> 39:59.360]  The whole hearing was a trial on the merits and the prosecutor instructed the panel in
[39:59.360 --> 40:10.920]  open court in front of everybody that they could assess a fine of up to $2,000 apiece.
[40:10.920 --> 40:18.560]  Now that makes it clear that the prosecutor instructed the board to hold a hearing on
[40:18.560 --> 40:29.360]  the merits rather than to hold a hearing to determine the disposition of the vehicles.
[40:29.360 --> 40:32.400]  How much more can you screw this up?
[40:32.400 --> 40:43.400]  And what Tim gave to the prosecuting attorney were criminal allegations of conspiracy, abuse
[40:43.400 --> 40:52.480]  of process, and official oppression against all of them, the administrative board and
[40:52.480 --> 40:55.480]  the lawyer.
[40:55.480 --> 41:00.720]  We haven't got to baratory on the lawyer yet.
[41:00.720 --> 41:04.880]  So far, these guys have been beaten up on Tim and his wife.
[41:04.880 --> 41:08.120]  They've been doing all their trash.
[41:08.120 --> 41:12.960]  And I've been holding them back because they hadn't screwed up all they could.
[41:12.960 --> 41:15.720]  Now they've really screwed their pooch.
[41:15.720 --> 41:24.520]  They filed this petition with the district court to collect these fees and they forgot
[41:24.520 --> 41:31.520]  to give notice to the district court that Tim requested a jury trial.
[41:31.520 --> 41:45.440]  They filed these under local government code rule 54 or section 54, but 5402, the very
[41:45.440 --> 41:53.060]  second one tells them they can't impose a fine without a jury trial if one was requested.
[41:53.060 --> 41:56.960]  They didn't notice the judge that a jury trial was requested and that a jury trial
[41:56.960 --> 41:59.400]  was not held.
[41:59.400 --> 42:04.440]  They didn't notice the judge that there was a challenge to subject matter jurisdiction
[42:04.440 --> 42:14.600]  filed, claiming that the adjudication of the fees was done without authority because the
[42:14.600 --> 42:22.400]  administrative board had no power to adjudicate the fees, says so right here in 54.
[42:22.400 --> 42:24.520]  This is baratory.
[42:24.520 --> 42:27.420]  Texas is the only state that has baratory laws.
[42:27.420 --> 42:31.600]  This is a felony on the part of the prosecutor.
[42:31.600 --> 42:33.660]  We haven't got to baratory yet.
[42:33.660 --> 42:42.680]  The prosecutor is also the city attorney and here's the prosecutor's problem.
[42:42.680 --> 42:53.000]  When the prosecutor is prosecuting, the prosecutor has almost absolute immunity from suit.
[42:53.000 --> 43:00.720]  But in this administrative hearing, this was not a prosecution and the prosecutor wasn't
[43:00.720 --> 43:02.080]  there as the prosecutor.
[43:02.080 --> 43:12.840]  The prosecutor was there as the city attorney giving legal advice when a prosecutor...
[43:12.840 --> 43:18.240]  Let me tell you a little legal advice story to show how serious this is.
[43:18.240 --> 43:23.480]  I tried to get the police to take a complaint against a nephew-in-law of mine.
[43:23.480 --> 43:29.420]  Nephew and my niece, the in-law and my niece were getting a divorce and he's getting out
[43:29.420 --> 43:33.200]  of control and I'm trying to get him back in control.
[43:33.200 --> 43:36.500]  And I filed criminal trespass complaints against him.
[43:36.500 --> 43:39.740]  I didn't want him to have a problem, I just wanted him to have to look at consequences
[43:39.740 --> 43:40.740]  to his behavior.
[43:40.740 --> 43:46.000]  But the chief of police refused to give my complaint to a magistrate, told me that the
[43:46.000 --> 43:49.440]  county attorney told him not to.
[43:49.440 --> 43:55.280]  I told him, wait right here, don't go anywhere, I'll be right back.
[43:55.280 --> 44:00.360]  I jumped in the car, went straight to the county seat and...
[44:00.360 --> 44:08.480]  It's the 2017 Logos Radio Network Annual Fundraiser, sponsored by Central Texas Gunworks, defense
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[44:40.360 --> 44:41.800]  That's LogosRadioNetwork.com.
[44:41.800 --> 44:47.960]  Also, if you purchase Randy Kelton's eBook, Legal 101, you get four chances to win.
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[44:51.080 --> 44:54.600]  And remember, every $25 donation is a chance to win.
[44:54.600 --> 45:01.080]  Go to LogosRadioNetwork.com for details and donate today.
[45:01.080 --> 45:04.280]  Are you the plaintiff or defendant in a lawsuit?
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[45:09.520 --> 45:15.000]  four CD course that will show you how in 24 hours, step by step.
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[45:27.880 --> 45:34.440]  Juris Dictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.440 --> 45:39.200]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:39.200 --> 45:43.440]  principles and practices that control our American courts.
[45:43.440 --> 45:49.680]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.680 --> 45:52.280]  pro se tactics, and much more.
[45:52.280 --> 46:20.560]  Please visit RuleOfLawRadio.com and click on the banner or call toll-free 866-LAW-EASY.
[46:20.560 --> 46:46.040]  Okay.
[46:46.040 --> 46:47.040]  We are back.
[46:47.040 --> 46:56.400]  We're at the point now where we really start going after them.
[46:56.400 --> 47:00.040]  We filed a bar grievance against the lawyer.
[47:00.040 --> 47:08.520]  We filed criminal charges against the lawyer and I'm preparing an answer to their lawsuit
[47:08.520 --> 47:11.480]  and a counterclaim.
[47:11.480 --> 47:15.120]  We're going to file that Monday, then we're going to remove everything to the federal
[47:15.120 --> 47:17.960]  court.
[47:17.960 --> 47:25.080]  Now they got a problem because the federal court don't care about some po-dump-chump
[47:25.080 --> 47:30.000]  municipality in North Texas.
[47:30.000 --> 47:33.500]  They're not going to have any friends in the federal court.
[47:33.500 --> 47:38.480]  They may have some friends and influence here in the local community and then we've got
[47:38.480 --> 47:42.360]  a visiting judge.
[47:42.360 --> 47:43.800]  He's an unknown commodity.
[47:43.800 --> 47:49.600]  He's got a smart mouth and a bad attitude and I'm going to file a judicial conduct complaint
[47:49.600 --> 47:57.880]  on him that just for good measure, but we're going to sue the judge as well.
[47:57.880 --> 48:02.440]  Here's how I'm going after the judge.
[48:02.440 --> 48:07.760]  They filed a petition for emergency restraining order and they didn't meet the requirements
[48:07.760 --> 48:10.160]  for an emergency restraining order.
[48:10.160 --> 48:14.860]  They could file for a preliminary injunction, but not an emergency restraining order.
[48:14.860 --> 48:20.040]  They called him on the day that they were going to have a hearing two hours before the
[48:20.040 --> 48:23.200]  hearing, told him they were going to have it.
[48:23.200 --> 48:29.720]  Well, the code says you can't get a restraining order unless you give notice.
[48:29.720 --> 48:34.580]  Let's see, 648 I think it is.
[48:34.580 --> 48:39.360]  You have to give the other party notice before you can get a restraining order.
[48:39.360 --> 48:40.920]  It doesn't just say that.
[48:40.920 --> 48:42.720]  It says it twice.
[48:42.720 --> 48:48.580]  The Texas Rules of Civil Procedure 680, no temporary restraining order shall be granted
[48:48.580 --> 48:53.120]  without notice to the adverse party unless it clearly appears from specific facts shown
[48:53.120 --> 48:59.400]  by affidavit or by the verified complaint that immediate and irreparable injury loss
[48:59.400 --> 49:06.200]  or damage was result to the applicant before notice can be served in a hearing had here
[49:06.200 --> 49:07.200]  on.
[49:07.200 --> 49:13.040]  This case has been going on for months and it had to do with the vehicles that weren't
[49:13.040 --> 49:14.040]  moving.
[49:14.040 --> 49:15.780]  They were sitting stationary.
[49:15.780 --> 49:18.320]  Nothing was happening.
[49:18.320 --> 49:27.880]  It the legislature went on to say they reiterated in Rule 681, no temporary injunction shall
[49:27.880 --> 49:33.920]  be issued without notice to adverse party.
[49:33.920 --> 49:39.080]  Calling them on the phone, giving them no documentations two hours before the hearing
[49:39.080 --> 49:42.160]  is not notice.
[49:42.160 --> 49:46.000]  The judge had to know this.
[49:46.000 --> 49:51.600]  Also you had filed a challenge to subject matter jurisdiction.
[49:51.600 --> 49:58.240]  A challenge to subject matter jurisdiction interrupts jurisdiction.
[49:58.240 --> 50:02.680]  The court loses jurisdiction until there is an answer filed.
[50:02.680 --> 50:09.000]  Well, while the plaintiff did not give notice to the judge that there was a challenge to
[50:09.000 --> 50:16.260]  subject matter jurisdiction filed, the judge had imputed knowledge of it because the challenge
[50:16.260 --> 50:21.960]  to subject matter jurisdiction was in the public record.
[50:21.960 --> 50:27.680]  This is a problem I really want to see this judge try to deal with.
[50:27.680 --> 50:35.400]  If you're going down for an eviction sale and you want to buy this, I'm sorry, eviction
[50:35.400 --> 50:40.800]  sale, a foreclosure sale and you want to buy this property and you get down there at nine
[50:40.800 --> 50:49.680]  o'clock and the clerk opens at nine o'clock and the person whose property is being sold
[50:49.680 --> 50:54.800]  goes in and files a less pendants in the record.
[50:54.800 --> 51:00.760]  As far as the court's concerned, you know about that less pendants.
[51:00.760 --> 51:04.760]  Because it's in the public record, you have imputed knowledge.
[51:04.760 --> 51:08.360]  This judge has the same thing.
[51:08.360 --> 51:12.360]  That challenge to subject matter jurisdiction was in the public record and the judge has
[51:12.360 --> 51:15.560]  imputed knowledge.
[51:15.560 --> 51:24.720]  So he had imputed knowledge that the plaintiff in this case lacked the legal capacity to
[51:24.720 --> 51:28.320]  invoke subject matter jurisdiction of the court.
[51:28.320 --> 51:38.000]  He had full knowledge that the petition did not meet the requirements for an emergency
[51:38.000 --> 51:39.340]  restraining order.
[51:39.340 --> 51:45.000]  He also had full knowledge that you did not have notice of the restraining order and he
[51:45.000 --> 51:46.780]  ruled anyway.
[51:46.780 --> 51:55.080]  So since there was a subject matter jurisdiction challenge on the record, the petition of the
[51:55.080 --> 52:00.640]  plaintiff was insufficient to invoke subject matter jurisdiction of the court, even if
[52:00.640 --> 52:03.000]  there wasn't one.
[52:03.000 --> 52:07.400]  The plaintiff lacked standing to invoke the subject matter jurisdiction of the court because
[52:07.400 --> 52:13.360]  they didn't file an affidavit showing cause for a temporary restraining order.
[52:13.360 --> 52:20.640]  At the injunction hearing, I mentioned that 40 minutes, because when I tried to do the
[52:20.640 --> 52:24.920]  subject matter jurisdiction challenge, he said you didn't do it in time.
[52:24.920 --> 52:25.920]  I said...
[52:25.920 --> 52:26.920]  We're not talking about that.
[52:26.920 --> 52:27.920]  You're jumping ahead.
[52:27.920 --> 52:28.920]  Oh.
[52:28.920 --> 52:29.920]  I'm sorry.
[52:29.920 --> 52:30.920]  Yeah.
[52:30.920 --> 52:32.880]  This is the emergency restraining order.
[52:32.880 --> 52:34.320]  Yeah.
[52:34.320 --> 52:40.560]  The judge under the rules had no power to issue the restraining order because the plaintiff
[52:40.560 --> 52:44.640]  failed to abide by the rules.
[52:44.640 --> 52:51.360]  So the judge acted outside his jurisdiction and is liable personally.
[52:51.360 --> 52:52.840]  Now they're going to get him off.
[52:52.840 --> 52:58.000]  The state's not going to allow us to sue the judge.
[52:58.000 --> 53:05.280]  But we're going to file a suit against the judge and the feds will dismiss the suit against
[53:05.280 --> 53:13.640]  the judge, but we don't care because the feds are, like everybody else, they're only going
[53:13.640 --> 53:17.960]  to have so many no's in them.
[53:17.960 --> 53:26.920]  They're likely to dismiss the suit against the municipal judge and against the city of
[53:26.920 --> 53:33.640]  Newark, but they're also likely to throw us a bone.
[53:33.640 --> 53:39.460]  They'll also likely dismiss the suit against the administrative board.
[53:39.460 --> 53:46.560]  The bone they're likely to throw us is the lawyer, the lawyer who manipulated all of
[53:46.560 --> 53:49.740]  this.
[53:49.740 --> 53:55.280]  They're not going to have any compassion for the lawyer.
[53:55.280 --> 54:01.080]  These courts don't have compassion for lawyers unless they're their buddies, and these are
[54:01.080 --> 54:06.000]  lawyers in the municipal court grubbing for dollars.
[54:06.000 --> 54:13.920]  Now these judges may give deference to high powered attorneys, but these lawyers are clearly
[54:13.920 --> 54:15.760]  not the sharpest knife in the door.
[54:15.760 --> 54:21.720]  They wouldn't be down in a tiny little municipality grubbing for dollars.
[54:21.720 --> 54:31.560]  So the whole plan here is to give the court a reason to throw the lawyers under the bus.
[54:31.560 --> 54:41.560]  So you guys want to play hardball, we'll welcome you to the deep end of the pool.
[54:41.560 --> 54:47.800]  And since we are in Texas, we get to charge them with baratory.
[54:47.800 --> 54:51.440]  And this is how I get to baratory.
[54:51.440 --> 54:58.860]  The city attorney advised the city to take an action that was any reasonable person of
[54:58.860 --> 55:03.640]  ordinary prudence would presume would result in litigation.
[55:03.640 --> 55:14.360]  And then that attorney would get to litigate and profit by litigating that lawsuit to the
[55:14.360 --> 55:15.360]  litigation.
[55:15.360 --> 55:17.360]  I'm getting redundant here.
[55:17.360 --> 55:25.240]  But the lawyer was creating or fomenting litigation, and that falls under baratory.
[55:25.240 --> 55:31.440]  That's a felony in Texas, and that's something that'll get you disbarred.
[55:31.440 --> 55:37.560]  I was reading the case law on baratory, and out of two major cases, one of the lawyers
[55:37.560 --> 55:42.280]  got disbarred for life.
[55:42.280 --> 55:45.120]  They frown on this big time.
[55:45.120 --> 55:50.280]  So these lawyers stepped in it deep.
[55:50.280 --> 55:56.640]  So we'll go after the primary lawyer, her name is McSwain.
[55:56.640 --> 56:01.920]  And yes, we can mention names on the air.
[56:01.920 --> 56:07.120]  And if McSwain wants to come on my show and rebut, she is certainly welcome to.
[56:07.120 --> 56:11.040]  I would love to have her on the show.
[56:11.040 --> 56:14.460]  But somehow I doubt she'll do that.
[56:14.460 --> 56:23.900]  And we're also, because you're talking to me on this show right now, Tim, we're claiming
[56:23.900 --> 56:27.000]  this is a slap suit.
[56:27.000 --> 56:35.080]  A slap suit is a suit filed in order to prevent someone from exercising their First Amendment
[56:35.080 --> 56:38.380]  rights.
[56:38.380 --> 56:43.760]  You're coming on my show talking about what these people are doing to you.
[56:43.760 --> 56:45.600]  And that's a First Amendment right.
[56:45.600 --> 56:54.560]  And that gives us the option, the opportunity to go after them for a slap suit.
[56:54.560 --> 57:00.960]  A slap suit is very punitive to the filer.
[57:00.960 --> 57:05.080]  So at this point, this worm is beginning to turn.
[57:05.080 --> 57:12.320]  We filed a set of bar grievances based on that administrative hearing and the advice
[57:12.320 --> 57:22.040]  that the prosecutor, prior to the administrative hearing, the lawyer was acting as a prosecutor
[57:22.040 --> 57:30.960]  in a preliminary hearing and told Tim that she was a disinterested party.
[57:30.960 --> 57:37.960]  The fact that she used disinterested is telling because that's exactly the term she's forbidden
[57:37.960 --> 57:40.420]  to use.
[57:40.420 --> 57:43.560]  So we filed a bar grievance against that.
[57:43.560 --> 57:45.480]  That was extremely obvious.
[57:45.480 --> 57:49.320]  She said she didn't have anything about this.
[57:49.320 --> 57:51.940]  She didn't know anything about what had been going on before.
[57:51.940 --> 58:00.200]  She had heard some things, but that was her body language and the way she said it.
[58:00.200 --> 58:05.720]  So all of this will come out and she's not going to want it to.
[58:05.720 --> 58:09.840]  We grieved her for that and now she's going to find out that you've also filed criminal
[58:09.840 --> 58:13.240]  charges against her.
[58:13.240 --> 58:20.200]  And Greg Lowry will look at these based on the facts.
[58:20.200 --> 58:25.240]  And the reason I say that I think Greg Lowry, if the prosecutor has his moral center in
[58:25.240 --> 58:31.920]  the right place, I'll explain why on the other side, why I think he will go after this if
[58:31.920 --> 58:33.840]  you have your facts in place.
[58:33.840 --> 58:37.960]  Randy Kelton, Real Law Radio, and just for the record, I think this is the first time
[58:37.960 --> 58:41.360]  tonight I didn't run off the cliff.
[58:41.360 --> 58:47.200]  So if Deborah gets all upset, Robert, tell her I didn't run off the cliff once, one time.
[58:47.200 --> 59:17.040]  We'll be right back.
[59:47.200 --> 01:00:15.320]  We'll be right back.
[01:00:15.320 --> 01:00:20.680]  Thank you.
[01:00:20.680 --> 01:00:27.720]  Markets for Wednesday, the 25th of October, 2017 closed with gold at $1,277.55 an ounce,
[01:00:27.720 --> 01:00:35.880]  silver $16.96 an ounce, Texas crude $52.47 a barrel, bitcoin $5,680, and Dash coins sitting
[01:00:35.880 --> 01:00:40.280]  about 289 US currency.
[01:00:40.280 --> 01:00:49.360]  Today in History, the year 1917, the great October socialist revolution, the uprising
[01:00:49.360 --> 01:00:54.160]  of the Bolshevik coup in Russia, known as Red October, on the old style calendar, Today
[01:00:54.160 --> 01:00:59.080]  in History.
[01:00:59.080 --> 01:01:04.680]  In recent news, Catalonia's vice president, Orol Jancuarez, stated that the Spanish government
[01:01:04.680 --> 01:01:09.320]  has given Catalonia no choice but to declare independence, this after Madrid declared the
[01:01:09.320 --> 01:01:14.560]  referendum illegal and sent civil guard to stop people from voting on the 1st of October
[01:01:14.560 --> 01:01:18.280]  with rubber bullets where nearly 900 people were injured and the violence that broke out
[01:01:18.280 --> 01:01:19.720]  at polling stations.
[01:01:19.720 --> 01:01:23.960]  With the Spanish senate scheduled to impose more direct control over the autonomous region,
[01:01:23.960 --> 01:01:28.920]  activating Spain's article 155 of the constitution later this week, President Puigmon turned
[01:01:28.920 --> 01:01:33.320]  down the invitation to address the senate about Catalina independence as a result of
[01:01:33.320 --> 01:01:40.080]  Madrid's stated intentions.
[01:01:40.080 --> 01:01:43.760]  Following an increase of terror attacks in England, Theresa May declared enough is enough
[01:01:43.760 --> 01:01:45.880]  vowing to crack down on extremism.
[01:01:45.880 --> 01:01:50.080]  Home secretary Amber Roode recently announced plans to increase jail terms for those found
[01:01:50.080 --> 01:01:55.400]  guilty of streaming online extremist content up to 15 years in jail.
[01:01:55.400 --> 01:01:59.200]  Currently, the law only applies to material downloaded and stored and comes with a maximal
[01:01:59.200 --> 01:02:03.560]  penalty of 10 years, with a Downing Street spokeswoman saying that, quote, what we want
[01:02:03.560 --> 01:02:07.880]  to do is to send clear message that we will not tolerate terrorism, those who help radicalize
[01:02:07.880 --> 01:02:12.880]  terrorists with their extremist views, or those who turn a blind eye to terrorist activity.
[01:02:12.880 --> 01:02:17.600]  Back in a meeting with corporate executives in September, May stated that, quote, ultimately
[01:02:17.600 --> 01:02:22.040]  it's not just the terrorists themselves who we need to defeat, it's the extremist ideologies
[01:02:22.040 --> 01:02:23.320]  that fuel them.
[01:02:23.320 --> 01:02:28.400]  It's the ideologies that preach hatred, sow division, and undermine our common humanity.
[01:02:28.400 --> 01:02:32.280]  We must be far more robust in identifying these ideologies and defeating them across
[01:02:32.280 --> 01:02:39.160]  all parts of our societies.
[01:02:39.160 --> 01:02:42.680]  Pope Francis is planning to make a call to the International Space Station tomorrow,
[01:02:42.680 --> 01:02:46.280]  October 26, to speak with Expedition 53 crew members.
[01:02:46.280 --> 01:02:51.280]  A webcast of the in-flight interview will be broadcast live on NASA TV and on the Vatican's
[01:02:51.280 --> 01:02:53.280]  YouTube page.
[01:02:53.280 --> 01:03:09.600]  This is Rick Rode with your lowdown for October 25, 2017.
[01:03:09.600 --> 01:03:17.640]  OK.
[01:03:17.640 --> 01:03:18.640]  We are back.
[01:03:18.640 --> 01:03:26.400]  My name is Rick Rode, and I'm the director of the New York Times New York Times New York
[01:03:26.400 --> 01:03:27.400]  Times radio.
[01:03:27.400 --> 01:03:30.680]  And so by Monday, OK, we're going step by step.
[01:03:30.680 --> 01:03:37.080]  We filed judicial conduct complaints, I mean, a bar grievances against the lawyer, and we
[01:03:37.080 --> 01:03:41.600]  included the criminal complaints in the bar grievance.
[01:03:41.600 --> 01:03:47.880]  That way, when the bar gets it, the first thing they'll do is send a copy to her.
[01:03:47.880 --> 01:03:55.240]  And probably by now, her and the city and these three officers, these three members
[01:03:55.240 --> 01:03:59.240]  of the administrative board, we charge them.
[01:03:59.240 --> 01:04:06.620]  They've probably heard from the investigator from the district attorney's office.
[01:04:06.620 --> 01:04:13.560]  So they're probably pretty tense about now, especially these members of the administrative
[01:04:13.560 --> 01:04:14.560]  board.
[01:04:14.560 --> 01:04:22.320]  So how could they have been the district attorney if we haven't done anything with them yet?
[01:04:22.320 --> 01:04:24.200]  Have we?
[01:04:24.200 --> 01:04:27.680]  You file criminal charges.
[01:04:27.680 --> 01:04:31.440]  To go before the to go before the DA.
[01:04:31.440 --> 01:04:35.000]  Yeah, but the DA's got a copy of them.
[01:04:35.000 --> 01:04:39.840]  First thing he's going to do is have his investigator call these people and say, what the heck is
[01:04:39.840 --> 01:04:41.160]  going on here?
[01:04:41.160 --> 01:04:42.160]  OK.
[01:04:42.160 --> 01:04:48.360]  And he's going to tell them that I have criminal charges against you guys.
[01:04:48.360 --> 01:04:51.040]  You want to explain what's going on here?
[01:04:51.040 --> 01:04:52.040]  Yeah.
[01:04:52.040 --> 01:04:56.160]  Now, these guys know the fat's in the fire.
[01:04:56.160 --> 01:04:57.580]  Yeah.
[01:04:57.580 --> 01:05:02.520]  But you've only thrown a little bit at them so far.
[01:05:02.520 --> 01:05:04.360]  So what's going to happen with Greg?
[01:05:04.360 --> 01:05:08.720]  He either gives that to the grand jury or you go back with criminal charges against
[01:05:08.720 --> 01:05:09.720]  Greg.
[01:05:09.720 --> 01:05:16.240]  That's what I was going to ask you was Monday when we said we're going to file an answer
[01:05:16.240 --> 01:05:19.560]  and a counter suit and then we're going to go to the federal.
[01:05:19.560 --> 01:05:27.040]  Will this change when it changes from the district here to federal?
[01:05:27.040 --> 01:05:31.480]  Will that get Greg Lowry's attention?
[01:05:31.480 --> 01:05:34.560]  But that makes him take notice.
[01:05:34.560 --> 01:05:36.360]  But no, I don't think so.
[01:05:36.360 --> 01:05:37.360]  No.
[01:05:37.360 --> 01:05:38.360]  OK.
[01:05:38.360 --> 01:05:44.040]  No, he's he's just concerned about he will just look at this based on the facts and the
[01:05:44.040 --> 01:05:45.040]  law.
[01:05:45.040 --> 01:05:46.040]  OK.
[01:05:46.040 --> 01:05:52.160]  And I was going to say before the break, I went into went to see him one day and he's
[01:05:52.160 --> 01:05:57.620]  sitting there with his head in his hand and I said, what's the matter, Greg?
[01:05:57.620 --> 01:06:00.200]  And he was despondent.
[01:06:00.200 --> 01:06:07.220]  He said, those darn grand jurors, you never know what they're going to do.
[01:06:07.220 --> 01:06:14.320]  There's a family in Wise County that everybody knows, the DeVeia family, have been the biggest
[01:06:14.320 --> 01:06:16.540]  drug dealers in the county.
[01:06:16.540 --> 01:06:23.440]  And Joe DeVeia was caught with enough drugs to charge him with the distribution.
[01:06:23.440 --> 01:06:30.140]  A lawyer just got his bar card, had a big party, driving home, gets popped for DUI.
[01:06:30.140 --> 01:06:35.160]  He said he didn't want to file against the lawyers because it's likely to ruin his career,
[01:06:35.160 --> 01:06:39.160]  but it's his job.
[01:06:39.160 --> 01:06:41.460]  He files both of these with the grand jury.
[01:06:41.460 --> 01:06:43.040]  They let off the drug dealer.
[01:06:43.040 --> 01:06:47.040]  They indicted the lawyer.
[01:06:47.040 --> 01:06:50.260]  Greg was just distraught.
[01:06:50.260 --> 01:06:55.880]  He's ruined this lawyer's career, but he said, it's my job.
[01:06:55.880 --> 01:06:59.280]  I didn't want to do this, but this is my job.
[01:06:59.280 --> 01:07:02.980]  His moral center's in the right place.
[01:07:02.980 --> 01:07:09.340]  And if he reads this, and he reads the code we have in there, and it appears as though
[01:07:09.340 --> 01:07:14.400]  they violated the code, he'll almost certainly give it to the grand jury.
[01:07:14.400 --> 01:07:18.400]  If he doesn't, we'll sting him good.
[01:07:18.400 --> 01:07:22.720]  And when he reads it, he'll recognize my handprint on it.
[01:07:22.720 --> 01:07:29.080]  And that will tell him that if I don't give this grand jury, Kelton's going to have these
[01:07:29.080 --> 01:07:38.360]  guys file against me, and he'll chuckle the whole time, and Greg will know that.
[01:07:38.360 --> 01:07:44.000]  The last question that I had for you, and you'll probably say no, which I probably already
[01:07:44.000 --> 01:07:49.240]  know the answer, but should my wife immediately pursue charges against the city administrator
[01:07:49.240 --> 01:07:52.760]  along with the mayor for violating professional conduct?
[01:07:52.760 --> 01:07:59.200]  Okay, yeah, kind of immediately.
[01:07:59.200 --> 01:08:03.320]  Tim filed a bar grievance against the lawyer for what she did to him.
[01:08:03.320 --> 01:08:13.600]  Now we're going to have the wife come back and file a complaint against the lawyer for
[01:08:13.600 --> 01:08:24.320]  advising the city not to provide records under the Open Records Act.
[01:08:24.320 --> 01:08:30.880]  And we keep these separated by several days so that the bar can't take them and stick
[01:08:30.880 --> 01:08:31.880]  them together.
[01:08:31.880 --> 01:08:38.200]  They're coming in a different name each time, same last time name, but different first names.
[01:08:38.200 --> 01:08:44.760]  So they're different filers so that they can't group these grievances all together and call
[01:08:44.760 --> 01:08:48.160]  them one complaint.
[01:08:48.160 --> 01:08:55.400]  So then the wife will file one this week, and then next week, Tim will file another
[01:08:55.400 --> 01:08:56.400]  one.
[01:08:56.400 --> 01:08:58.520]  Then the next week, the wife will file another one.
[01:08:58.520 --> 01:09:00.200]  We just stack them in on them.
[01:09:00.200 --> 01:09:05.560]  We'll file against the lawyer, there's two lawyers in this case, both the lawyers.
[01:09:05.560 --> 01:09:12.240]  You'll file against the law firm, every member in the law firm.
[01:09:12.240 --> 01:09:16.880]  You can't file against a law firm, you file against all the members and file against them
[01:09:16.880 --> 01:09:20.480]  for not advising this lawyer to do things different.
[01:09:20.480 --> 01:09:25.320]  We'll just stack them full, we'll get their malpractice insurance cut off, and they'll
[01:09:25.320 --> 01:09:29.080]  have to dissolve the law firm and start another one.
[01:09:29.080 --> 01:09:33.360]  And all their contracts with all these municipalities, they're going to lose them all.
[01:09:33.360 --> 01:09:39.200]  So we're going to go under the premise by going after the lawyer for what the city administrator
[01:09:39.200 --> 01:09:44.240]  did, is that the city administrator was under counsel when she made the decisions to do
[01:09:44.240 --> 01:09:46.680]  what she did to try and enlarge it.
[01:09:46.680 --> 01:09:47.680]  Yeah.
[01:09:47.680 --> 01:09:50.120]  Well, we're going to file against the city administrator.
[01:09:50.120 --> 01:09:51.840]  Oh, okay.
[01:09:51.840 --> 01:09:58.320]  But her and the lawyer, so that the city administrator can throw the lawyer under the bus.
[01:09:58.320 --> 01:09:59.320]  Okay.
[01:09:59.320 --> 01:10:04.400]  She will, she's that type of person.
[01:10:04.400 --> 01:10:05.400]  Okay.
[01:10:05.400 --> 01:10:06.400]  Well, okay.
[01:10:06.400 --> 01:10:13.360]  For everybody listening, Tim and his wife has a real ax to grind against the city administrator.
[01:10:13.360 --> 01:10:15.360]  So they really want to go after her.
[01:10:15.360 --> 01:10:21.440]  And I'm saying, hold on, if you want to go get rid of her, then the last thing you want
[01:10:21.440 --> 01:10:23.240]  to do is go after her directly.
[01:10:23.240 --> 01:10:30.080]  If you go after her directly, the city's going to be bound to protect her.
[01:10:30.080 --> 01:10:32.840]  So go after everybody else.
[01:10:32.840 --> 01:10:41.480]  Go after everybody who did what the city administrator got them to do and hammer them.
[01:10:41.480 --> 01:10:45.360]  And everybody's going to be furious if this administrator's getting everybody else in
[01:10:45.360 --> 01:10:49.080]  trouble and she's not getting in trouble.
[01:10:49.080 --> 01:10:57.360]  Then the city can get rid of the city administrator and not lose face.
[01:10:57.360 --> 01:11:02.840]  Because it does not apparently have anything to do with all these troubles they're having.
[01:11:02.840 --> 01:11:06.720]  All politics.
[01:11:06.720 --> 01:11:09.760]  It appears to be.
[01:11:09.760 --> 01:11:14.480]  So we're trying to understand that part and manipulate the politics.
[01:11:14.480 --> 01:11:15.480]  Yeah.
[01:11:15.480 --> 01:11:16.480]  Okay.
[01:11:16.480 --> 01:11:17.480]  Does this make sense, Tim?
[01:11:17.480 --> 01:11:18.480]  It makes sense.
[01:11:18.480 --> 01:11:19.480]  Yeah.
[01:11:19.480 --> 01:11:25.720]  I'm just, you know, I'll be sitting here and I get these inspiration of questions and not
[01:11:25.720 --> 01:11:30.840]  sure if I know the answer correctly, but you've gone in a whole lot of detail tonight that
[01:11:30.840 --> 01:11:35.000]  is, I'm starting to learn a little more as we go along.
[01:11:35.000 --> 01:11:36.000]  Okay.
[01:11:36.000 --> 01:11:41.680]  And listening to your show, I try to listen every night and listen to everyone else's
[01:11:41.680 --> 01:11:43.680]  cases and what they're doing.
[01:11:43.680 --> 01:11:46.520]  I definitely don't want to go to jail.
[01:11:46.520 --> 01:11:50.320]  And you mentioned a fellow today, Mr. Brooks.
[01:11:50.320 --> 01:11:55.120]  And I found him on your Facebook page and I sent him a friend's request, but he has
[01:11:55.120 --> 01:11:57.640]  not tried to contact me yet.
[01:11:57.640 --> 01:11:59.240]  So about the...
[01:11:59.240 --> 01:12:00.240]  Okay.
[01:12:00.240 --> 01:12:02.440]  I didn't get an email to him yet.
[01:12:02.440 --> 01:12:03.480]  I will do that.
[01:12:03.480 --> 01:12:07.720]  He's a country western singer, so he may be out on the road or something.
[01:12:07.720 --> 01:12:09.800]  Sometimes he's a little slow to get back.
[01:12:09.800 --> 01:12:17.760]  But Barry Brooks, that's my go-to guy for trust and he is the most knowledgeable person
[01:12:17.760 --> 01:12:21.680]  I know on IRS law.
[01:12:21.680 --> 01:12:26.000]  And he does no Patriot mythology at all.
[01:12:26.000 --> 01:12:27.000]  He's just like us.
[01:12:27.000 --> 01:12:34.080]  He walks right down the code and he gives them a fit.
[01:12:34.080 --> 01:12:37.560]  It's probably one of the nicest human beings I've ever come across.
[01:12:37.560 --> 01:12:42.280]  And that's surprising because he was a 20 year Los Angeles police officer.
[01:12:42.280 --> 01:12:45.480]  And he ended up in Austin, Texas.
[01:12:45.480 --> 01:12:46.480]  Yep.
[01:12:46.480 --> 01:12:50.880]  But one of the nicest human beings I know.
[01:12:50.880 --> 01:12:54.160]  His brother has an insurance agency in Austin.
[01:12:54.160 --> 01:12:57.840]  That's how he wound up back in Austin.
[01:12:57.840 --> 01:12:58.840]  Okay.
[01:12:58.840 --> 01:13:00.400]  If you don't have any more, we're going to move on.
[01:13:00.400 --> 01:13:03.600]  We've got three more callers and we're running short of time.
[01:13:03.600 --> 01:13:04.600]  All right.
[01:13:04.600 --> 01:13:05.600]  I certainly appreciate it.
[01:13:05.600 --> 01:13:06.600]  Okay.
[01:13:06.600 --> 01:13:07.600]  Let's go to him.
[01:13:07.600 --> 01:13:08.600]  Okay.
[01:13:08.600 --> 01:13:12.560]  Now we're going to Chad from Kentucky.
[01:13:12.560 --> 01:13:14.560]  Hello, Chad.
[01:13:14.560 --> 01:13:16.720]  Hello, sir.
[01:13:16.720 --> 01:13:17.720]  Okay.
[01:13:17.720 --> 01:13:21.720]  What do you have for us today?
[01:13:21.720 --> 01:13:27.200]  Well, I have two things real quick.
[01:13:27.200 --> 01:13:35.600]  One, do you know where I can find rules on handicapped citations, citations wrote for
[01:13:35.600 --> 01:13:41.520]  parking in a handicapped spot on private property when there was no other place to park?
[01:13:41.520 --> 01:13:43.880]  Generally that is in city ordinance.
[01:13:43.880 --> 01:13:44.880]  Okay.
[01:13:44.880 --> 01:13:54.800]  As far as I know, there's no state law on handicap parking that the handicap parking
[01:13:54.800 --> 01:14:05.280]  is left to the municipalities and they have a special exemption that allows a municipal
[01:14:05.280 --> 01:14:14.840]  police officer to go onto otherwise private property and site for handicap parking.
[01:14:14.840 --> 01:14:22.120]  Because generally parking lots are not, while they're public, they're still private property.
[01:14:22.120 --> 01:14:30.720]  And generally, we have case law in Texas where a guy pulls out of the Whole Foods Market
[01:14:30.720 --> 01:14:35.760]  on Hulan and I-30.
[01:14:35.760 --> 01:14:38.760]  So drunk, he can't hardly drive.
[01:14:38.760 --> 01:14:43.280]  He blows right through the stop sign, pulls out in the street, cop pulls him over, arrested
[01:14:43.280 --> 01:14:44.280]  for DUI.
[01:14:44.280 --> 01:14:48.800]  They threw it out because he stopped him for running the stop sign.
[01:14:48.800 --> 01:14:51.840]  The stop sign was on private property.
[01:14:51.840 --> 01:14:54.600]  It doesn't count.
[01:14:54.600 --> 01:15:02.000]  The officer could not enforce that stop sign because it was private property.
[01:15:02.000 --> 01:15:09.840]  But if it is a handicap parking, there's a special exemption so that they can.
[01:15:09.840 --> 01:15:10.840]  Okay.
[01:15:10.840 --> 01:15:17.600]  My other question for you, sir, I'm an over the road truck driver.
[01:15:17.600 --> 01:15:28.560]  I'm constantly in multiple states, we go into Illinois and New York, very liberal state.
[01:15:28.560 --> 01:15:34.320]  And I've watched Eddie Craig's videos on YouTube about how to, you know, handle police officers
[01:15:34.320 --> 01:15:37.320]  and invoking your ex and all that.
[01:15:37.320 --> 01:15:41.920]  As a truck driver, how do I invoke those to keep from getting citations?
[01:15:41.920 --> 01:15:49.120]  Because at the switch stations, under an act passed in 2010, right after I got my CDL called
[01:15:49.120 --> 01:15:55.440]  CSA 2010, when you are wrote up for a violation under a form of an inspection, it goes into
[01:15:55.440 --> 01:15:57.640]  a data queue system.
[01:15:57.640 --> 01:16:04.600]  And the system unless the citation is fully dismissed, it will never be removed for three
[01:16:04.600 --> 01:16:05.600]  years.
[01:16:05.600 --> 01:16:07.000]  It's on there.
[01:16:07.000 --> 01:16:11.400]  And I think they can leave it on there for up to five, if I remember correctly.
[01:16:11.400 --> 01:16:16.000]  And worst of all, if they give you a written warning, there's nothing you can do about
[01:16:16.000 --> 01:16:17.000]  it.
[01:16:17.000 --> 01:16:21.000]  It counts the same as a citation and there's nothing you can do to get it off.
[01:16:21.000 --> 01:16:26.920]  So being that I'm driving somebody else's commercial vehicle and trailer with product
[01:16:26.920 --> 01:16:35.240]  on it, does any of those videos where, you know, hey, officer badge number such as such
[01:16:35.240 --> 01:16:39.800]  at this time on both my rights under Article 4 and 5 of the U.S. Constitution are written
[01:16:39.800 --> 01:16:43.800]  no, no, no, you don't have any rights here.
[01:16:43.800 --> 01:16:46.280]  You're under contract.
[01:16:46.280 --> 01:16:54.240]  When you apply for the CDL, you enter into a contract with the state.
[01:16:54.240 --> 01:17:00.040]  And if it's a CDL, the all of the other states except Tennessee.
[01:17:00.040 --> 01:17:01.160]  I love logos.
[01:17:01.160 --> 01:17:04.360]  Without the shows on this network, I'd be almost as ignorant as my friends.
[01:17:04.360 --> 01:17:07.200]  I'm so addicted to the truth now that there's no going back.
[01:17:07.200 --> 01:17:08.200]  I need my truth.
[01:17:08.200 --> 01:17:10.400]  I'd be lost without logos.
[01:17:10.400 --> 01:17:13.080]  And I really want to help keep this network on the air.
[01:17:13.080 --> 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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[01:17:29.320 --> 01:17:31.280]  First thing you do is clear your cookies.
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[01:17:34.560 --> 01:17:37.640]  Check on the Amazon logo and bookmark it.
[01:17:37.640 --> 01:17:43.320]  Now when you order anything from Amazon, you use that link and logos gets a few pesos.
[01:17:43.320 --> 01:17:44.320]  Do I pay extra?
[01:17:44.320 --> 01:17:45.320]  No.
[01:17:45.320 --> 01:17:47.000]  Do I have to do anything different when I order?
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[01:17:48.000 --> 01:17:49.000]  Can I use my Amazon Prime?
[01:17:49.000 --> 01:17:50.000]  No.
[01:17:50.000 --> 01:17:51.000]  I mean, yes.
[01:17:51.000 --> 01:17:52.000]  Wow.
[01:17:52.000 --> 01:17:54.200]  Giving without doing anything or spending any money.
[01:17:54.200 --> 01:17:55.760]  This is perfect.
[01:17:55.760 --> 01:17:56.760]  Thank you so much.
[01:17:56.760 --> 01:17:58.480]  You're welcome.
[01:17:58.480 --> 01:18:01.480]  Happy holidays, logos.
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[01:19:02.320 --> 01:19:08.280]  This is the Logos Radio Network.
[01:19:08.280 --> 01:19:18.280]  Okay, we are back.
[01:19:18.280 --> 01:19:22.040]  Randy Kelton, Rule of R Radio, and we're talking to Chad in Kentucky.
[01:19:22.040 --> 01:19:26.320]  Chad, you're in a special circumstance.
[01:19:26.320 --> 01:19:34.680]  You entered into a contract with the state when you applied for your CDL.
[01:19:34.680 --> 01:19:42.920]  All your remedies will be found in the contract and in contract law.
[01:19:42.920 --> 01:19:56.000]  I haven't researched the CDL contract to know how to speak to it effectively, but constitutional
[01:19:56.000 --> 01:20:08.280]  law, all of your otherwise rights, they won't be effective when you're operating that truck
[01:20:08.280 --> 01:20:12.560]  in commerce.
[01:20:12.560 --> 01:20:14.160]  It all arises out of the contract.
[01:20:14.160 --> 01:20:19.960]  So pull out the contract and, well, let's say it arises out of contract law.
[01:20:19.960 --> 01:20:22.800]  There's still lots of remedies.
[01:20:22.800 --> 01:20:28.960]  Even if the remedies aren't directly written into the contract, because there's a thing
[01:20:28.960 --> 01:20:32.240]  called conscionability.
[01:20:32.240 --> 01:20:37.880]  There can be covenants of the contract that are unconscionable.
[01:20:37.880 --> 01:20:43.760]  In a contract, it's a trade-off between parties.
[01:20:43.760 --> 01:20:49.520]  And in order for a contract to be valid, it must be equitable for both parties.
[01:20:49.520 --> 01:20:56.680]  So one party to the contract can't say, you have to give me this concession, but I give
[01:20:56.680 --> 01:20:59.780]  you nothing back in return.
[01:20:59.780 --> 01:21:04.780]  So you want to look at the contract to see how equitable it is.
[01:21:04.780 --> 01:21:15.360]  This contract apparently says that a officer can write you a warning, and that warning
[01:21:15.360 --> 01:21:22.280]  has a negative effect on you, and you have no remedy.
[01:21:22.280 --> 01:21:26.800]  So that subject subjects you to an unconscionable condition.
[01:21:26.800 --> 01:21:30.960]  That should be suitable under the contract.
[01:21:30.960 --> 01:21:34.040]  Am I making sense?
[01:21:34.040 --> 01:21:35.040]  Yes, sir.
[01:21:35.040 --> 01:21:42.600]  Basically, what you're saying is, you have to give up this, but in return, I'm not letting
[01:21:42.600 --> 01:21:51.040]  you have a way to essentially fight back, so therefore it's a violation of a contract.
[01:21:51.040 --> 01:21:55.960]  You can't take something from me without giving something in return.
[01:21:55.960 --> 01:22:03.800]  And they're creating a condition to where an officer at his comprice can damage your
[01:22:03.800 --> 01:22:08.240]  professional career, and you have no remedy.
[01:22:08.240 --> 01:22:10.920]  That's unconscionable.
[01:22:10.920 --> 01:22:19.160]  And what I'm trying to make sure you understand is, don't try to do this under constitutions.
[01:22:19.160 --> 01:22:25.560]  Actually, everything is under contract.
[01:22:25.560 --> 01:22:32.720]  Harmon Taylor would bristle when I talk about the statutes and the constitution, because
[01:22:32.720 --> 01:22:35.240]  he fully understands everything's under contract.
[01:22:35.240 --> 01:22:43.320]  But that concept is way too complex for me to address directly for the most part.
[01:22:43.320 --> 01:22:51.360]  And for the most part, it's not necessary that we understand that, because the constitutional
[01:22:51.360 --> 01:22:54.960]  rights are contractual.
[01:22:54.960 --> 01:23:00.000]  But in your case, I'm trying to make sure that you understand not to mix those two,
[01:23:00.000 --> 01:23:04.360]  and you'll talk to a lot of people in the legal reform community who don't understand
[01:23:04.360 --> 01:23:06.240]  the distinction.
[01:23:06.240 --> 01:23:14.000]  So don't let people lead you into demanding your rights in this context.
[01:23:14.000 --> 01:23:18.980]  In this context, everything's based on contract.
[01:23:18.980 --> 01:23:26.000]  And from my experience, that's not necessarily a problem, because the contract must provide
[01:23:26.000 --> 01:23:27.000]  you with remedy.
[01:23:27.000 --> 01:23:28.000]  Okay, go ahead.
[01:23:28.000 --> 01:23:35.640]  What if I ask, I have to go to Frankfort, what if I asked them for this contract that
[01:23:35.640 --> 01:23:39.720]  states what the CDL, what you're talking about under the contract?
[01:23:39.720 --> 01:23:42.200]  What happens if they refuse to let me see that?
[01:23:42.200 --> 01:23:45.040]  What is my counter to that?
[01:23:45.040 --> 01:23:48.640]  Wait a minute, refuse to let you see the contract?
[01:23:48.640 --> 01:23:55.600]  Yeah, because you're talking about the contract under having the CDL.
[01:23:55.600 --> 01:23:56.600]  Yeah.
[01:23:56.600 --> 01:24:04.360]  And the contract will be all of the codes relating to CDL.
[01:24:04.360 --> 01:24:12.240]  Also, like if the state code was KRS 582-35, something like that, that's where I would
[01:24:12.240 --> 01:24:13.240]  find it.
[01:24:13.240 --> 01:24:14.240]  Yeah.
[01:24:14.240 --> 01:24:15.240]  All of that's part of the contract.
[01:24:15.240 --> 01:24:16.240]  Okay.
[01:24:16.240 --> 01:24:23.200]  But just don't address it in terms of your rights, you know, constitutional and statutory
[01:24:23.200 --> 01:24:32.880]  or the technical statutory, but you want to think of this in terms of the CDL contract.
[01:24:32.880 --> 01:24:39.720]  The laws outside the CDL, they don't apply inside this contract, and it will help you
[01:24:39.720 --> 01:24:47.680]  frame a better argument and defense against these guys.
[01:24:47.680 --> 01:24:52.200]  At the end of the day, it doesn't matter what the contract says.
[01:24:52.200 --> 01:24:56.440]  It's like I tell everybody, you'll never win your case simply because you have the law
[01:24:56.440 --> 01:24:58.080]  and the facts on your side.
[01:24:58.080 --> 01:25:04.040]  You win your case, you have the politics on your side, and all politics is local.
[01:25:04.040 --> 01:25:11.080]  So when you think of addressing your issue under the CDL, you want to look at this from
[01:25:11.080 --> 01:25:17.960]  the perspective of, how can I give these guys the most grief even if they're going to win
[01:25:17.960 --> 01:25:19.960]  in the end?
[01:25:19.960 --> 01:25:21.420]  Okay.
[01:25:21.420 --> 01:25:33.680]  So that I can give them a reason to say, hey, Chuck, Chad, I tell you what, let's make ideal.
[01:25:33.680 --> 01:25:36.200]  That's generally the best you can hope for.
[01:25:36.200 --> 01:25:43.480]  But in this situation where you have them in a position to where they can harm you and
[01:25:43.480 --> 01:25:51.080]  you have no remedy, that's a big problem, and that's something you can absolutely adjudicate.
[01:25:51.080 --> 01:25:59.640]  And good chance if you challenge that directly, they may clean your record just to keep you
[01:25:59.640 --> 01:26:02.720]  from getting their contract changed.
[01:26:02.720 --> 01:26:15.200]  When I want to get a case dropped, I look for a claim that I can make that if they rule
[01:26:15.200 --> 01:26:22.320]  against me, they fundamentally change underlying law.
[01:26:22.320 --> 01:26:30.200]  So in order to screw me, if they render this ruling, then they create a circumstance where
[01:26:30.200 --> 01:26:35.560]  every shiest or lawyer out there can take their ruling and just make a mess of the legal
[01:26:35.560 --> 01:26:36.560]  system.
[01:26:36.560 --> 01:26:42.200]  So it's back to what Secretary Mattis says, always have a strategy and be prepared for
[01:26:42.200 --> 01:26:45.320]  your next objective.
[01:26:45.320 --> 01:26:50.880]  Wait, I'm having a little trouble understanding you, say that again.
[01:26:50.880 --> 01:26:55.040]  Secretary Mattis, when he talks, he always talks about having a strategy and building
[01:26:55.040 --> 01:26:57.920]  upon your strategy to be able to counter any type of resistance.
[01:26:57.920 --> 01:27:00.160]  Is that kind of what you're getting at?
[01:27:00.160 --> 01:27:03.600]  That's exactly what I'm getting at.
[01:27:03.600 --> 01:27:10.440]  We can't just hold up the law and say, this is the law, this is going to protect me.
[01:27:10.440 --> 01:27:15.280]  Not going to happen, it's all politics.
[01:27:15.280 --> 01:27:20.400]  What pressures are available and how can you manipulate those pressures?
[01:27:20.400 --> 01:27:28.140]  If you were listening earlier when Ken from New York was talking about going to legislators,
[01:27:28.140 --> 01:27:36.920]  this is a great thing to take to legislators and say, look at this, this is fundamentally
[01:27:36.920 --> 01:27:38.920]  unjust.
[01:27:38.920 --> 01:27:40.920]  This needs to be changed.
[01:27:40.920 --> 01:27:49.520]  And if you have someone who's written a warning to you and you're going to the legislature
[01:27:49.520 --> 01:27:54.280]  and they're getting calls from legislators wanting to talk about this issue, then they're
[01:27:54.280 --> 01:28:00.240]  looking at, because they messed with you, they're going to lose the ability to mess
[01:28:00.240 --> 01:28:03.240]  with anybody.
[01:28:03.240 --> 01:28:10.960]  So they got to come up with a deal to get you off their case.
[01:28:10.960 --> 01:28:13.840]  That's pretty much how you're going to have to look at it.
[01:28:13.840 --> 01:28:22.160]  Yeah, well, the CSA 2010 was enacted under Congress and the governing body that enacts
[01:28:22.160 --> 01:28:26.360]  it is the Federal Motor Carrier Shaky Administration.
[01:28:26.360 --> 01:28:30.560]  And it's a nightmare as much as it's saying its name is.
[01:28:30.560 --> 01:28:38.960]  There is actually five groups trying to fight what I'm talking about and propose a better
[01:28:38.960 --> 01:28:45.080]  quality rule that will actually fix the current problems they're saying and make things better.
[01:28:45.080 --> 01:28:51.480]  And the agency is not willing to do anything about it.
[01:28:51.480 --> 01:28:56.120]  Will you send me an email about this issue?
[01:28:56.120 --> 01:28:59.340]  I'd like to talk a little more about this off the air, because there's a lot of people
[01:28:59.340 --> 01:29:04.960]  that this is important to a lot of truck drivers out there.
[01:29:04.960 --> 01:29:10.640]  And there are ways to get at these guys.
[01:29:10.640 --> 01:29:13.280]  And can I ask you a quick question, sir?
[01:29:13.280 --> 01:29:14.280]  Certainly.
[01:29:14.280 --> 01:29:17.280]  But quickly, I got 45 seconds before the break.
[01:29:17.280 --> 01:29:18.280]  Okay.
[01:29:18.280 --> 01:29:19.280]  Okay.
[01:29:19.280 --> 01:29:21.280]  Well, let me say this, folks.
[01:29:21.280 --> 01:29:27.860]  When you're on the road around the big trucks, probably 99% of them are limited on their
[01:29:27.860 --> 01:29:31.600]  road speed between 60 and 65 miles per hour.
[01:29:31.600 --> 01:29:35.280]  And then on top of that, the companies had to power off the motor cutback.
[01:29:35.280 --> 01:29:39.960]  So that's why when you see them going up big hills real slow, they're doing it like 20,
[01:29:39.960 --> 01:29:40.960]  30 mile an hour.
[01:29:40.960 --> 01:29:45.360]  That's because the companies have done, have cut them back on the computer for the motor.
[01:29:45.360 --> 01:29:49.400]  If they didn't do that, they'd run up those hills and almost be going to the road.
[01:29:49.400 --> 01:29:51.920]  So just be patient around us, please.
[01:29:51.920 --> 01:29:54.440]  Oh, yeah, I understand that.
[01:29:54.440 --> 01:29:55.740]  I'm old school.
[01:29:55.740 --> 01:30:02.400]  When I pass a truck at night, I flash my lights at him.
[01:30:02.400 --> 01:30:03.400]  The fountain of youth?
[01:30:03.400 --> 01:30:05.280]  How about the fountain of health?
[01:30:05.280 --> 01:30:10.540]  Turmeric, a golden herb used in Indian cooking, contains an amazing compound that has researchers
[01:30:10.540 --> 01:30:11.540]  doing cartwheels.
[01:30:11.540 --> 01:30:16.940]  I'm Dr. Catherine Albrecht, and I'll tell you about terrific turmeric in just a moment.
[01:30:16.940 --> 01:30:18.520]  Privacy is under attack.
[01:30:18.520 --> 01:30:22.120]  When you give up data about yourself, you'll never get it back again.
[01:30:22.120 --> 01:30:26.920]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
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[01:30:46.160 --> 01:30:49.720]  Turmeric is the spice that lends that golden yellow color to curry dishes.
[01:30:49.720 --> 01:30:54.280]  It's been traditionally used in Asian medicine to treat everything from indigestion to arthritis.
[01:30:54.280 --> 01:30:59.200]  Now Western doctors say curcumin, a compound found in turmeric, can help treat breast cancer
[01:30:59.200 --> 01:31:02.560]  and liver disease, reduce inflammation, and lower cholesterol.
[01:31:02.560 --> 01:31:06.980]  It may also help Alzheimer's disease, arthritis, irritable bowel syndrome, depression, and
[01:31:06.980 --> 01:31:08.120]  even lymphoma.
[01:31:08.120 --> 01:31:10.840]  You don't need expensive supplements to get the benefits.
[01:31:10.840 --> 01:31:14.680]  Turmeric is available in the spice aisle of your supermarket or as an ingredient in curry.
[01:31:14.680 --> 01:31:19.600]  Heat some oil in a pan, saute an onion, sprinkle in some turmeric, and add your favorite vegetable.
[01:31:19.600 --> 01:31:22.640]  Voila, no side effects and no prescription required.
[01:31:22.640 --> 01:31:24.280]  I'm Dr. Catherine Albrecht.
[01:31:24.280 --> 01:31:30.560]  More news and information at CatherineAlbrecht.com.
[01:31:30.560 --> 01:31:35.940]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.940 --> 01:31:38.280]  The government says that fire brought it down.
[01:31:38.280 --> 01:31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:45.640]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.640 --> 01:31:48.440]  And thousands of my fellow first responders are dying.
[01:31:48.440 --> 01:31:49.760]  I'm not a conspiracy theorist.
[01:31:49.760 --> 01:31:50.760]  I'm a structural engineer.
[01:31:50.760 --> 01:31:52.280]  I'm a New York City correction officer.
[01:31:52.280 --> 01:31:53.280]  I'm an Air Force pilot.
[01:31:53.280 --> 01:31:54.920]  I'm a father who lost his son.
[01:31:54.920 --> 01:31:57.560]  We're Americans, and we deserve the truth.
[01:31:57.560 --> 01:31:59.880]  Go to RememberBuilding7.org today.
[01:31:59.880 --> 01:32:02.840]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.840 --> 01:32:06.120]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.120 --> 01:32:09.800]  Come on, we all know the government caused it with their chemtrails, but good luck getting
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[01:32:40.640 --> 01:32:45.260]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.260 --> 01:32:50.400]  So if those out-of-town roofers come knockin', your door should be lockin'.
[01:32:50.400 --> 01:32:56.320]  That's 512-992-8745 or HillCountryHomeImprovements.com.
[01:32:56.320 --> 01:32:58.680]  Discounts are based on full roof replacement.
[01:32:58.680 --> 01:33:00.600]  May not actually be kidding about chemtrails.
[01:33:00.600 --> 01:33:16.440]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:16.440 --> 01:33:40.240]  Okay, we are back, Randy Kelton, ruler of our radio.
[01:33:40.240 --> 01:33:42.520]  And yeah, it's a tough job.
[01:33:42.520 --> 01:33:46.640]  We have Jeff from Mississippi, he calls in a lot.
[01:33:46.640 --> 01:33:51.700]  And he became a truck driver while he's been calling into the show, and he made a comment
[01:33:51.700 --> 01:33:54.760]  that surprised me the other day.
[01:33:54.760 --> 01:34:02.340]  He said, you probably won't believe how hard a work it is driving a truck.
[01:34:02.340 --> 01:34:04.920]  And I hadn't thought about that.
[01:34:04.920 --> 01:34:12.120]  You know, I used to have a business where I washed trucks, but I wouldn't drive them.
[01:34:12.120 --> 01:34:16.900]  And trucks or truck drivers are treated like crap everywhere.
[01:34:16.900 --> 01:34:20.200]  I'd wind up punching out some warehouse manager.
[01:34:20.200 --> 01:34:28.240]  Matter of fact, I have a friend, Leon Road, six foot seven, 500 pounds.
[01:34:28.240 --> 01:34:32.560]  He did knock one out.
[01:34:32.560 --> 01:34:37.600]  I stay out six days a week to the time when I drive anywhere from 11 to 13,000 miles a
[01:34:37.600 --> 01:34:39.880]  month that they keep me rolling.
[01:34:39.880 --> 01:34:44.480]  So I'm a-
[01:34:44.480 --> 01:34:46.400]  But I would like to know more about this.
[01:34:46.400 --> 01:34:54.040]  I was just talking to my producer on the break that we're trying to get on the satellite.
[01:34:54.040 --> 01:35:00.500]  I think we would get a lot of interest from truck drivers because they're dealing with
[01:35:00.500 --> 01:35:05.160]  this all of the time as part of their profession, they have to deal with this.
[01:35:05.160 --> 01:35:08.680]  And that's why I want to look at this more closely.
[01:35:08.680 --> 01:35:17.880]  If the truck drivers learn how to handle the public officials, their lives will get a lot
[01:35:17.880 --> 01:35:23.160]  easier and the public officials get better at what they do.
[01:35:23.160 --> 01:35:28.240]  There's some things that we could show these truck drivers that would give them a way of
[01:35:28.240 --> 01:35:35.960]  dealing with these officials that these officials would not like one little bit.
[01:35:35.960 --> 01:35:42.280]  And the one thing that we could help the truck driver understand is if you take their law
[01:35:42.280 --> 01:35:49.560]  and wind their clock with it, you'd think that they would retaliate against you.
[01:35:49.560 --> 01:35:52.920]  That's not what happens.
[01:35:52.920 --> 01:36:00.820]  They've got a mark they put in the NCIC that says, do not detain.
[01:36:00.820 --> 01:36:04.160]  This guy is a scoundrel, he'll wind your clock.
[01:36:04.160 --> 01:36:07.380]  Leave him alone.
[01:36:07.380 --> 01:36:09.560]  I have a friend here in South Lake.
[01:36:09.560 --> 01:36:15.160]  They got a ticket in South Lake, Texas over an inspection issue.
[01:36:15.160 --> 01:36:18.720]  And I came in there and I was all over him.
[01:36:18.720 --> 01:36:24.080]  His son just got pulled over a couple of days ago and said the same cop that had written
[01:36:24.080 --> 01:36:27.620]  him a ticket last time was really a scoundrel.
[01:36:27.620 --> 01:36:33.240]  At this time, he said he couldn't be nicer and wrote him a warning and said, just get
[01:36:33.240 --> 01:36:36.720]  this fixed, goodbye.
[01:36:36.720 --> 01:36:38.320]  And the son was flabbergasted.
[01:36:38.320 --> 01:36:39.320]  Yes, sir.
[01:36:39.320 --> 01:36:40.320]  But I filed.
[01:36:40.320 --> 01:36:41.320]  Go ahead.
[01:36:41.320 --> 01:36:45.320]  Did you want me to email you?
[01:36:45.320 --> 01:36:49.440]  Did you want me to email you on this issue?
[01:36:49.440 --> 01:36:50.440]  Absolutely.
[01:36:50.440 --> 01:36:51.440]  Randy at RuleOfLawRadio.com.
[01:36:51.440 --> 01:36:52.440]  Okay.
[01:36:52.440 --> 01:36:56.440]  I understand it, Randy.
[01:36:56.440 --> 01:37:01.240]  And Randy, I have a gentleman that I spoke to, his name is Hank.
[01:37:01.240 --> 01:37:05.240]  He specializes in transportation and law.
[01:37:05.240 --> 01:37:09.960]  I'm going to give you his information as well because he's a lot more knowledgeable on this
[01:37:09.960 --> 01:37:10.960]  than I am.
[01:37:10.960 --> 01:37:15.440]  I'm just bringing it up to somebody that understands through process and I'm trying to congeal
[01:37:15.440 --> 01:37:16.440]  a team.
[01:37:16.440 --> 01:37:19.200]  But what I can do is tell you about Sirius XM.
[01:37:19.200 --> 01:37:25.360]  The channel you want to look into is Channel 146, that's Road Dog Radio.
[01:37:25.360 --> 01:37:29.600]  And it's very difficult to get your foot in the door, but what would help you get your
[01:37:29.600 --> 01:37:33.880]  foot in the door is you have to have a sponsor.
[01:37:33.880 --> 01:37:37.960]  There's a guy trying to get a show right now that helps truck drivers out with tires and
[01:37:37.960 --> 01:37:38.960]  alignment issues.
[01:37:38.960 --> 01:37:46.360]  That's his show he has, and Sirius XM has told him he has to have a sponsor.
[01:37:46.360 --> 01:37:49.280]  So that's the basic.
[01:37:49.280 --> 01:37:50.280]  So what's that?
[01:37:50.280 --> 01:37:51.280]  RuleOfLaw.com?
[01:37:51.280 --> 01:37:52.280]  Yeah.
[01:37:52.280 --> 01:37:53.280]  RuleOfLawRadio.com.
[01:37:53.280 --> 01:37:54.280]  Oh, okay.
[01:37:54.280 --> 01:37:55.280]  Radio.com.
[01:37:55.280 --> 01:38:02.800]  Are you from eastern or western Kentucky?
[01:38:02.800 --> 01:38:06.560]  No, sir, I'm in Louisville, which is central Kentucky.
[01:38:06.560 --> 01:38:07.560]  Okay.
[01:38:07.560 --> 01:38:14.040]  If you were in western Kentucky, we're kin.
[01:38:14.040 --> 01:38:17.000]  I'm kin to west Kentucky and west Tennessee.
[01:38:17.000 --> 01:38:18.000]  Yes, sir.
[01:38:18.000 --> 01:38:23.360]  My family's from eastern Kentucky and Paintsville and up in Nashville.
[01:38:23.360 --> 01:38:25.640]  Oh, then y'all are genuine hillbillies.
[01:38:25.640 --> 01:38:31.040]  No, sir, we're Appalachian Americans, spread the word.
[01:38:31.040 --> 01:38:32.040]  Okay.
[01:38:32.040 --> 01:38:35.040]  I'll put it in the paper, sir.
[01:38:35.040 --> 01:38:39.320]  For my family's room, it's not co, co.
[01:38:39.320 --> 01:38:40.320]  Co.
[01:38:40.320 --> 01:38:41.320]  Okay.
[01:38:41.320 --> 01:38:43.320]  Yeah, it's co.
[01:38:43.320 --> 01:38:44.320]  Okay.
[01:38:44.320 --> 01:38:48.120]  Well, don't be a stranger.
[01:38:48.120 --> 01:38:50.520]  Get that to me.
[01:38:50.520 --> 01:38:53.720]  Something I definitely want to look into.
[01:38:53.720 --> 01:38:54.720]  Okay.
[01:38:54.720 --> 01:38:58.920]  What I'll do is I'll send you an email, and on the subject, it'll say CSA 2010, and I'll
[01:38:58.920 --> 01:39:01.400]  give you a link to it so you can understand it.
[01:39:01.400 --> 01:39:02.400]  It's crazy.
[01:39:02.400 --> 01:39:03.400]  Okay.
[01:39:03.400 --> 01:39:04.400]  Good.
[01:39:04.400 --> 01:39:05.400]  Good.
[01:39:05.400 --> 01:39:06.400]  We'll look into it.
[01:39:06.400 --> 01:39:07.400]  Maybe we can get it changed.
[01:39:07.400 --> 01:39:10.400]  I hope so, sir, because it's horrible.
[01:39:10.400 --> 01:39:11.400]  Okay.
[01:39:11.400 --> 01:39:14.280]  I'll let somebody else get to some questions before the show ends.
[01:39:14.280 --> 01:39:15.280]  Thank you so much.
[01:39:15.280 --> 01:39:16.280]  Okay.
[01:39:16.280 --> 01:39:17.280]  Thank you.
[01:39:17.280 --> 01:39:18.280]  Okay.
[01:39:18.280 --> 01:39:20.280]  Now we're going to Dave in Texas.
[01:39:20.280 --> 01:39:21.280]  Hello.
[01:39:21.280 --> 01:39:22.280]  Dave.
[01:39:22.280 --> 01:39:28.200]  Friends, you know, not just, I mean, I'm on the micro scale, I want to whoa, whoa, whoa.
[01:39:28.200 --> 01:39:29.200]  Hold on.
[01:39:29.200 --> 01:39:30.200]  Hold on.
[01:39:30.200 --> 01:39:31.200]  Are you on a speakerphone?
[01:39:31.200 --> 01:39:32.200]  Hello.
[01:39:32.200 --> 01:39:33.200]  Hello.
[01:39:33.200 --> 01:39:39.320]  I cannot understand you.
[01:39:39.320 --> 01:39:43.480]  Can you are you on a speakerphone or a Bluetooth?
[01:39:43.480 --> 01:39:45.080]  No, sir.
[01:39:45.080 --> 01:39:47.240]  Oh, that's better.
[01:39:47.240 --> 01:39:48.240]  Okay.
[01:39:48.240 --> 01:39:49.240]  Go ahead.
[01:39:49.240 --> 01:39:50.240]  Okay.
[01:39:50.240 --> 01:39:51.240]  Yeah.
[01:39:51.240 --> 01:39:52.240]  I do have a couple of questions.
[01:39:52.240 --> 01:39:57.640]  The Texas Code of Criminal Procedure 15.17.
[01:39:57.640 --> 01:40:02.080]  Among among the rights that they're supposed to inform the accused of says down there at
[01:40:02.080 --> 01:40:07.880]  the bottom about the, they shall make a recording of the communications between the magistrate
[01:40:07.880 --> 01:40:10.880]  and the accused.
[01:40:10.880 --> 01:40:17.160]  If that's not present in the public record at the JP's office, would it be anywhere else
[01:40:17.160 --> 01:40:25.880]  if it existed or if it does, and also if it doesn't exist, is that a sufficient claim
[01:40:25.880 --> 01:40:31.320]  to make an official oppression, 39.03, criminal complaint?
[01:40:31.320 --> 01:40:35.840]  When you were saying that, I'm thinking, yeah, they're required to do that, but what
[01:40:35.840 --> 01:40:36.840]  if they don't?
[01:40:36.840 --> 01:40:37.840]  What's the remedy?
[01:40:37.840 --> 01:40:43.560]  The first thing you have to do is show how you were harmed by it.
[01:40:43.560 --> 01:40:47.640]  You can't challenge something unless you're harmed.
[01:40:47.640 --> 01:40:57.760]  If they hold an examining trial and they don't keep a record, you would have to be able to
[01:40:57.760 --> 01:41:09.200]  articulate a specific harm in order to seek a remedy, and it would depend on the nature
[01:41:09.200 --> 01:41:13.720]  of the harm, what the remedy would be.
[01:41:13.720 --> 01:41:17.400]  Okay, well let me take a stab at the harm.
[01:41:17.400 --> 01:41:23.360]  In my opinion, the harm would be, you know, the Justice of Peace shall make a recording
[01:41:23.360 --> 01:41:30.680]  of the communication between the magistrate and the accused if the accused doesn't have
[01:41:30.680 --> 01:41:36.000]  access and proof of that audio recording of the magistrate when they were brought before
[01:41:36.000 --> 01:41:42.400]  the judge, then they can't prove that the judge ever informed them of their right to
[01:41:42.400 --> 01:41:44.480]  have an examining trial.
[01:41:44.480 --> 01:41:52.040]  Well, if they're bringing them before the magistrate, that is an examining trial.
[01:41:52.040 --> 01:41:57.840]  Wait, 15.17, oh, I'm brain dead.
[01:41:57.840 --> 01:41:59.720]  I knew what that one was.
[01:41:59.720 --> 01:42:00.720]  Okay, 15.17.
[01:42:00.720 --> 01:42:14.960]  Yeah, we're at chapter 15, and 15.17 only applies to an arrest on an existing warrant.
[01:42:14.960 --> 01:42:17.800]  Yes, sir.
[01:42:17.800 --> 01:42:21.400]  And what they'll do is they'll bring you before a magistrate, well actually they'll bring
[01:42:21.400 --> 01:42:25.920]  you before a judge, they call it a magistration.
[01:42:25.920 --> 01:42:32.280]  Well if you type magistration into a document in Microsoft Word, Microsoft Word will put
[01:42:32.280 --> 01:42:35.880]  a little red line under it, it doesn't recognize it.
[01:42:35.880 --> 01:42:38.280]  I don't either.
[01:42:38.280 --> 01:42:42.080]  Red Magistration exists nowhere in law.
[01:42:42.080 --> 01:42:45.180]  They made it up.
[01:42:45.180 --> 01:42:49.820]  This is a special hearing for a singular purpose.
[01:42:49.820 --> 01:42:58.760]  If you have been arrested on a warrant outside the county in which the warrant was issued,
[01:42:58.760 --> 01:43:05.120]  they're required to bring you before a magistrate and the magistrates to read you your rights.
[01:43:05.120 --> 01:43:13.440]  And then once you're transported to the county where the warrant was issued, you are to be
[01:43:13.440 --> 01:43:18.360]  brought before the magistrate who issued the warrant for a proper examining trial.
[01:43:18.360 --> 01:43:24.240]  Okay, well none of that happened, and they also, they're required under 15.17 to make
[01:43:24.240 --> 01:43:28.560]  a recording of the communication between the magistrate and the accused while they're reading
[01:43:28.560 --> 01:43:30.080]  them their rights.
[01:43:30.080 --> 01:43:33.520]  Okay, here's the problem with reading the rights.
[01:43:33.520 --> 01:43:42.160]  In order to have access to remedy, you would have to be able to show that they questioned
[01:43:42.160 --> 01:43:50.360]  you without reading your rights, and then attempted to use the results of the questioning
[01:43:50.360 --> 01:43:53.800]  against you.
[01:43:53.800 --> 01:44:00.560]  In that case, you would have remedy.
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[01:46:04.600 --> 01:46:07.600]  Boom.
[01:46:07.600 --> 01:46:14.200]  Back off.
[01:46:14.200 --> 01:46:25.040]  Okay, Mauricio, you're listening there.
[01:46:25.040 --> 01:46:27.840]  Dave, hang on just a second.
[01:46:27.840 --> 01:46:32.240]  Mauricio, I owe you an apology.
[01:46:32.240 --> 01:46:37.760]  You've been on for quite a while and I went down to Chad because Chad was the first time
[01:46:37.760 --> 01:46:41.040]  caller and we always take the first time callers first.
[01:46:41.040 --> 01:46:44.040]  And then it's been going up to you, I went down to Dave.
[01:46:44.040 --> 01:46:45.040]  I apologize.
[01:46:45.040 --> 01:46:49.120]  If you'll call back in Thursday, I will take you first.
[01:46:49.120 --> 01:46:51.680]  Okay, Chad.
[01:46:51.680 --> 01:46:59.520]  I think maybe he's fell asleep waiting for me.
[01:46:59.520 --> 01:47:05.640]  Anyway, I kind of, Chad's been hanging on a long time and I missed him and I hate it
[01:47:05.640 --> 01:47:06.640]  when I do that.
[01:47:06.640 --> 01:47:09.640]  Okay, go ahead, Dave.
[01:47:09.640 --> 01:47:19.400]  You're saying to file a criminal complaint for not making a recording under the 15.17,
[01:47:19.400 --> 01:47:24.880]  which it says it shall, you're saying to make that complaint, you would have to show injury
[01:47:24.880 --> 01:47:26.760]  that would be a remedy?
[01:47:26.760 --> 01:47:30.880]  Yeah, here's what the code says.
[01:47:30.880 --> 01:47:35.640]  Under 39.03 Texas Penal Code, if a public official fails to perform a duty he's required
[01:47:35.640 --> 01:47:45.400]  to perform and in the process denies a citizen in the full and free access to or, full and
[01:47:45.400 --> 01:47:54.600]  free access to or exercise of a right, then that's official oppression.
[01:47:54.600 --> 01:48:00.520]  But there's no right implicated here.
[01:48:00.520 --> 01:48:08.920]  Now, you would be denied in a right if they subsequently questioned you and then attempted
[01:48:08.920 --> 01:48:15.400]  to use the results of that questioning against you, then that would deny you the full free
[01:48:15.400 --> 01:48:18.400]  access to or enjoyment of a right.
[01:48:18.400 --> 01:48:26.520]  But just failing to record or even failing to give you notice doesn't necessarily harm
[01:48:26.520 --> 01:48:27.520]  you.
[01:48:27.520 --> 01:48:29.240]  It doesn't necessarily deny you a right.
[01:48:29.240 --> 01:48:35.360]  They have a duty to make the recording, but you don't have a right to them making the
[01:48:35.360 --> 01:48:37.040]  recording.
[01:48:37.040 --> 01:48:45.360]  I make this distinction recently on an examining trial where the judge said, well, you don't
[01:48:45.360 --> 01:48:49.560]  have a right to an examining trial in a misdemeanor case.
[01:48:49.560 --> 01:48:51.760]  And I said, well, so what?
[01:48:51.760 --> 01:49:00.960]  Well, 1601A, I mean 1601 says that you have a right to an examining trial before indictment
[01:49:00.960 --> 01:49:03.680]  in the matter of a felony.
[01:49:03.680 --> 01:49:06.200]  So what?
[01:49:06.200 --> 01:49:14.440]  The statute says, 1406 says that when a person is arrested, 1403 says when they're arrested
[01:49:14.440 --> 01:49:19.920]  they're to be taken directly to the nearest magistrate, 1406 tells the magistrate that
[01:49:19.920 --> 01:49:23.320]  the magistrate must hold an examining trial.
[01:49:23.320 --> 01:49:27.640]  You are statutorily required to do this thing.
[01:49:27.640 --> 01:49:33.920]  I don't have a right to your holding an examining trial in a misdemeanor case.
[01:49:33.920 --> 01:49:38.140]  You have a statutory duty to hold that hearing.
[01:49:38.140 --> 01:49:43.600]  And I have a right to the due course of the loss.
[01:49:43.600 --> 01:49:49.560]  So in that case, I do have a right because you have a duty to perform it and it comes
[01:49:49.560 --> 01:49:52.680]  under due process.
[01:49:52.680 --> 01:49:59.940]  The problem with making the recording, see in an examining trial, I get the opportunity
[01:49:59.940 --> 01:50:09.420]  to enter exculpatory evidence, but the recording doesn't do anything.
[01:50:09.420 --> 01:50:15.440]  It doesn't interfere with any of my rights, it doesn't directly harm me.
[01:50:15.440 --> 01:50:17.800]  Am I making sense here?
[01:50:17.800 --> 01:50:19.520]  Yes, sir.
[01:50:19.520 --> 01:50:25.840]  I guess my angle would be, it wouldn't harm you unless the recording wasn't made and they
[01:50:25.840 --> 01:50:31.280]  actually didn't inform the accused of their right to an examining trial and therefore
[01:50:31.280 --> 01:50:34.000]  never held one.
[01:50:34.000 --> 01:50:36.560]  And how would they prove if they didn't inform them?
[01:50:36.560 --> 01:50:42.520]  I mean, yeah, it's on the piece of the, you know, that printout 15.17 compliance paper,
[01:50:42.520 --> 01:50:48.720]  but how do you know that the accused was informed if you don't have the audio recorder?
[01:50:48.720 --> 01:50:50.880]  I got to ask my question.
[01:50:50.880 --> 01:50:56.960]  Okay, then if they don't hold an examining trial, now you've been harmed and they never
[01:50:56.960 --> 01:50:58.480]  hold an examining trial.
[01:50:58.480 --> 01:51:05.360]  Okay, so just go for the examining trial, just write the complaint, no examining trial,
[01:51:05.360 --> 01:51:10.920]  no 16.17 commitment order, which is supposed to be there and it's form and...
[01:51:10.920 --> 01:51:11.920]  Exactly.
[01:51:11.920 --> 01:51:17.360] ...no 16.17 order, then that's evidence that no examining trial was held.
[01:51:17.360 --> 01:51:18.360]  Well...
[01:51:18.360 --> 01:51:19.360]  Yes, sir.
[01:51:19.360 --> 01:51:27.560] ...now this recording becomes relevant because they had a duty to give you notice of your
[01:51:27.560 --> 01:51:30.720]  right to an examining trial.
[01:51:30.720 --> 01:51:36.360]  And now you can go back to the original magistration and charge them with official oppression,
[01:51:36.360 --> 01:51:39.000]  failed form of duty, they're required to perform.
[01:51:39.000 --> 01:51:43.560]  And the process denied you in your right to, ultimately denied you in your right to an
[01:51:43.560 --> 01:51:44.560]  examining trial.
[01:51:44.560 --> 01:51:52.760]  Well, Randy, they say that you have to ask for an examining trial.
[01:51:52.760 --> 01:51:58.320]  And I told the prosecutor, where'd you come up with that?
[01:51:58.320 --> 01:52:01.480]  Did you just make it up?
[01:52:01.480 --> 01:52:04.740]  It's certainly not in any code I read.
[01:52:04.740 --> 01:52:09.760]  My code says you are commanded to do it.
[01:52:09.760 --> 01:52:16.320]  So you find me one that says that the statutes are arbitrary and capricious.
[01:52:16.320 --> 01:52:18.320]  I can't find it.
[01:52:18.320 --> 01:52:27.920]  So, okay, so the criminal complaint should just be for the no 16.17 commitment order.
[01:52:27.920 --> 01:52:29.480]  Don't even look up the examining trial.
[01:52:29.480 --> 01:52:33.960]  And even then, they've misconstrued that.
[01:52:33.960 --> 01:52:40.760]  They're not saying that you, they're not granting you a right to an examining trial.
[01:52:40.760 --> 01:52:53.320]  1601 says that you have a right to an examining trial before an indictment.
[01:52:53.320 --> 01:52:54.800]  It's conditioned on indictment.
[01:52:54.800 --> 01:52:58.600]  You can't be indicted until you had an examining trial.
[01:52:58.600 --> 01:53:02.160]  It doesn't grant you a right to an examining trial.
[01:53:02.160 --> 01:53:03.640]  And that's the way they've treated it.
[01:53:03.640 --> 01:53:06.760]  Is this a, this is a grant to a right of examining trial.
[01:53:06.760 --> 01:53:07.760]  That's nonsense.
[01:53:07.760 --> 01:53:11.080]  It just says you got to have one anyway.
[01:53:11.080 --> 01:53:13.640]  The statute commands them to hold it.
[01:53:13.640 --> 01:53:18.960]  And this is saying they got to hold that hearing before an indictment.
[01:53:18.960 --> 01:53:28.620]  And if you go to 2022, that's under a grand jury.
[01:53:28.620 --> 01:53:36.900]  It says that if the grand jury brings a true bill and the person has not been arrested,
[01:53:36.900 --> 01:53:41.040]  the clerk cannot make notations of the true bill in the minutes of the court.
[01:53:41.040 --> 01:53:48.240]  If the clerk has to issue a capias, the person must be arrested before she can enter those
[01:53:48.240 --> 01:53:51.720]  notations in the minutes of the court.
[01:53:51.720 --> 01:53:56.000]  And that's because when they're arrested, they're to be taken directly to a magistrate
[01:53:56.000 --> 01:53:57.720]  and an examining trial held.
[01:53:57.720 --> 01:54:02.000]  And that makes sure you get the examining trial before the indictment becomes a part
[01:54:02.000 --> 01:54:03.000]  of the record.
[01:54:03.000 --> 01:54:10.520]  Then how do we, how are we able to take a complaint directly to the grand jury to pursue
[01:54:10.520 --> 01:54:13.960]  20.20.09.
[01:54:13.960 --> 01:54:20.540]  The grand jury shall investigate into all crimes that come to the knowledge of the grand
[01:54:20.540 --> 01:54:29.000]  jury by way of any member of the grand jury, the prosecuting attorney, or any other credible
[01:54:29.000 --> 01:54:30.880]  person.
[01:54:30.880 --> 01:54:36.080]  If you are over the age of 18 and never been convicted of a felony, you are a credible
[01:54:36.080 --> 01:54:37.720]  person by definition.
[01:54:37.720 --> 01:54:38.720]  Right.
[01:54:38.720 --> 01:54:39.720]  Okay.
[01:54:39.720 --> 01:54:48.120]  So we're going to take the criminal complaint on the JP for no examining trial, no 16.17
[01:54:48.120 --> 01:54:54.000]  or that has to, because it's a public official, that has to be served to the district attorney's
[01:54:54.000 --> 01:54:55.000]  office, correct?
[01:54:55.000 --> 01:54:56.000]  No.
[01:54:56.000 --> 01:54:57.000]  The complaint?
[01:54:57.000 --> 01:55:07.000]  Nothing in law directs a complaint to a prosecuting attorney, nothing.
[01:55:07.000 --> 01:55:12.220]  Everything directs a complaint to some magistrate.
[01:55:12.220 --> 01:55:16.640]  The magistrate is then to hold an examining trial.
[01:55:16.640 --> 01:55:22.980]  After the examining trial, the magistrate is ordered by 17.30 to seal all documents
[01:55:22.980 --> 01:55:28.800]  had in a hearing, cause his name to be written across the seal of the envelope, afforded
[01:55:28.800 --> 01:55:32.520]  to the clerk of the court of jurisdiction.
[01:55:32.520 --> 01:55:36.080]  That's how the complaint gets filed.
[01:55:36.080 --> 01:55:44.480]  And when the clerk under 1731, the clerk is required to keep all these documents safe
[01:55:44.480 --> 01:55:48.440]  and deliver them up to the next grand jury.
[01:55:48.440 --> 01:55:52.200]  That's real clear in code.
[01:55:52.200 --> 01:55:57.440]  So take it, even though it's a misdemeanor, you know, if it's a question of a class A,
[01:55:57.440 --> 01:56:00.200]  you would take that to the grand jury?
[01:56:00.200 --> 01:56:03.560]  That's what the Texas constitution says.
[01:56:03.560 --> 01:56:04.560]  Okay.
[01:56:04.560 --> 01:56:08.320]  And that's what state law says.
[01:56:08.320 --> 01:56:09.320]  Okay.
[01:56:09.320 --> 01:56:16.160]  It makes no distinction in there between a misdemeanor and a felony.
[01:56:16.160 --> 01:56:20.840]  These prosecutors and judges made that up after the fact.
[01:56:20.840 --> 01:56:25.980]  And the way I read the code, that's sedition.
[01:56:25.980 --> 01:56:27.520]  Sedition is not treason.
[01:56:27.520 --> 01:56:34.640]  Sedition is where you interfere with or interrupt the enforcement of a law.
[01:56:34.640 --> 01:56:36.220]  Okay.
[01:56:36.220 --> 01:56:44.240]  And these judges have committed sedition by rendering these rulings that are clearly contrary
[01:56:44.240 --> 01:56:49.640]  to the clear verbiage of the code.
[01:56:49.640 --> 01:56:51.120]  Excuse my redundancy.
[01:56:51.120 --> 01:56:52.600]  Yes, sir.
[01:56:52.600 --> 01:57:00.320]  So the, you know, the criminal complaint on the original JP for no examine trial, no 16.17
[01:57:00.320 --> 01:57:01.960]  commitment, that's the sticky ball.
[01:57:01.960 --> 01:57:06.280]  And then we're going to take that sticky ball and we're going to go right to the grand jury
[01:57:06.280 --> 01:57:07.280]  with it.
[01:57:07.280 --> 01:57:08.280]  Absolutely.
[01:57:08.280 --> 01:57:09.280]  Okay.
[01:57:09.280 --> 01:57:15.600]  If the prosecuting attorney steps in between, you file against the prosecuting attorney
[01:57:15.600 --> 01:57:19.640]  with the grand jury for four.
[01:57:19.640 --> 01:57:24.120]  Are you familiar with article 2.03?
[01:57:24.120 --> 01:57:27.560]  The neglected duty or is that 2.04 is neglected duty?
[01:57:27.560 --> 01:57:32.840]  No, no, no, 2.03 says that when a prosecuting attorney is made known in any manner that
[01:57:32.840 --> 01:57:36.920]  a public official is violated a law relating to his office, he shall reduce complaint
[01:57:36.920 --> 01:57:43.280]  to an information, submit it to the grand jury, no discretion, zero.
[01:57:43.280 --> 01:57:48.320]  But that's only when a prosecuting attorney is made known.
[01:57:48.320 --> 01:57:49.320]  He don't have to be made known.
[01:57:49.320 --> 01:57:52.640]  You would make it known by putting it on his desk, right?
[01:57:52.640 --> 01:57:57.520]  The criminal on the DA's desk, that's how you would make it known, correct?
[01:57:57.520 --> 01:57:58.520]  Yeah.
[01:57:58.520 --> 01:58:04.720]  And policemen as a matter of policy are directed to give them to prosecutors, but there's nothing
[01:58:04.720 --> 01:58:07.800]  in law that directs them to prosecutors.
[01:58:07.800 --> 01:58:15.360]  In 2.13, if a police officer has his duty to keep the peace in the county and give notice
[01:58:15.360 --> 01:58:24.320]  to some magistrate of all violations, don't say the prosecutor says some magistrate.
[01:58:24.320 --> 01:58:34.800]  And 2.0, I believe it's 2.06, requires the prosecutor to, I think 2.04 requires him to
[01:58:34.800 --> 01:58:41.960]  reduce a complaint to an information, I think 2.05 tells him to give notice, send the information
[01:58:41.960 --> 01:58:47.000]  to the grand jury, and send a complaint to some magistrate.
[01:58:47.000 --> 01:58:50.560]  All complaints are directed to...
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[01:59:48.040 --> 01:59:53.000]  Looking for some truth?
[01:59:53.000 --> 02:00:12.840]  We found it, logosradionetwork.com.