ROL_2017-11-10_16k_Hr3-4.timecode

[00:15.060 --> 00:23.940]  pleadings and I do something that most lawyers don't do is when you start down
[00:23.940 --> 00:31.680]  a subject and I'd like oh did Keith drop off it looks like Keith dropped off he
[00:31.680 --> 00:38.280]  was a school teacher I wanted to get his intake on this part every paragraph I
[00:38.280 --> 00:45.000]  put in a heading and if you go to the home tab in Microsoft Word and then the
[00:45.000 --> 00:52.140]  third box over is the fourth box over is the styles box put in a heading and then
[00:52.140 --> 00:58.400]  go to the styles box and set a heading style on it there's a whole bunch of
[00:58.400 --> 01:03.960]  styles in there but there's one section that's heading styles you want to use
[01:03.960 --> 01:12.600]  those because when you use a heading style then you can click view navigation
[01:12.600 --> 01:19.360]  pane or you can hit ctrl F like ctrl find and in the confined box that
[01:19.360 --> 01:23.560]  pops up down below where you put in what you want to look for there are three
[01:23.560 --> 01:30.280]  icons click the first icon and it gives you navigation pane every heading will
[01:30.280 --> 01:34.560]  be listed in that navigation pane you click on one of those headings it'll
[01:34.560 --> 01:41.320]  jump you to that spot in the document but that's not all it does if you go to
[01:41.320 --> 01:48.120]  references and click table of contents you select a spot in your document click
[01:48.120 --> 01:54.320]  table of contents and it'll give you a box and you tell it to create a table
[01:54.320 --> 01:58.600]  of contents it will read all these headings and create a table of contents
[01:58.600 --> 02:05.640]  from the headings so that gets your table of contents you know what when I
[02:05.640 --> 02:11.280]  do this when I write one I put a heading on every paragraph I may come back and
[02:11.280 --> 02:17.320]  take some of those headings out but what it does when you're writing the
[02:17.320 --> 02:23.560]  pleading is it keeps you focused and especially when you're writing a large
[02:23.560 --> 02:30.480]  document if what happens to me is I'm writing a logic large document and I
[02:30.480 --> 02:37.480]  sometimes wind up arguing the same issue in two or three different places if you
[02:37.480 --> 02:41.060]  put a heading on every paragraph and then open the navigation pay and go down
[02:41.060 --> 02:44.760]  all these headings you'll see the same headings coming up in two or three
[02:44.760 --> 02:50.040]  different places and you say wait a minute wait a minute you go click on
[02:50.040 --> 02:54.600]  those and see what you're talking about and you you'll catch yourself arguing
[02:54.600 --> 03:00.000]  the same issue a couple of times so then you can adjust your document to get
[03:00.000 --> 03:07.100]  those out of there and that'll give you a more coherent document and then you
[03:07.100 --> 03:13.840]  use that to create a table of contents okay then in the same section on
[03:13.840 --> 03:19.960]  references table of contents is the first box the last box is marked
[03:19.960 --> 03:26.840]  citation it says table of authorities and it has marked citation insert table
[03:26.840 --> 03:34.700]  of authorities you select a citation you click mark citation that'll pop you up a
[03:34.700 --> 03:44.440]  box where you can select is it a statute is it a case is it a treatise other you
[03:44.440 --> 03:51.680]  select one of those and then you mark it and what I generally do is I tell it to
[03:51.680 --> 03:56.200]  mark all occurrences and everywhere that citation appears in your document it'll
[03:56.200 --> 04:02.520]  mark it and you can just walk right down it mark all of those then you hit insert
[04:02.520 --> 04:06.680]  table of authorities BAM it drops it in there for you
[04:06.680 --> 04:16.520]  those are the two unusual parts for a an appeal like a certiorari a real
[04:16.520 --> 04:23.880]  mandamus they're all essentially done in this format and the Microsoft Word is
[04:23.880 --> 04:30.480]  the best at this so anyway that's basically you probably won't remember
[04:30.480 --> 04:35.000]  all that don't worry about it when you get to that part you'll remember that
[04:35.000 --> 04:39.640]  there's something that Kelton guys said about this and then you go look for it
[04:39.640 --> 04:44.760]  you can sort out how to do that or make your life whole lot easier
[04:44.760 --> 04:51.760]  you'll get the e-book and it ebook goes into more detail in that I talk about
[04:51.760 --> 05:01.760]  the mental flow how to write these things so that your reader moves from
[05:01.760 --> 05:06.880]  one issue to the other without tripping him up or you know I have people read my
[05:06.880 --> 05:13.600]  documents and I say if there's a place where I created a question in your mind
[05:13.600 --> 05:20.600]  and didn't immediately answer that question let me know there are some
[05:20.600 --> 05:25.000]  times I do that on purpose because it's gonna be a place down in the document
[05:25.000 --> 05:30.680]  where I'm gonna answer that question and give you closure but if I create a
[05:30.680 --> 05:38.560]  question in your mind and I don't give you closure then I'm gonna lose you
[05:38.560 --> 05:43.640]  you're gonna drop out of flow and you're not going to understand what I'm talking
[05:43.640 --> 05:53.160]  about so this whole section is on how to create flow in your document how to keep
[05:53.160 --> 05:58.360]  from tripping up your reader and when you start looking at flow you it'll
[05:58.360 --> 06:04.760]  become clear why a heading on every paragraph is so important because the
[06:04.760 --> 06:11.360]  heading on every paragraph tells you how to maintain flow in this paragraph you
[06:11.360 --> 06:17.720]  only talk about this issue you start jumping around from one issue to the
[06:17.720 --> 06:22.920]  other your reader get lost you understand how all of these issues fit
[06:22.920 --> 06:29.960]  together they don't and we forget what our reader doesn't know so putting a
[06:29.960 --> 06:34.960]  heading on every paragraph causes you to be more disciplined in writing each
[06:34.960 --> 06:40.680]  paragraph and then when you have two headings you make sure you transition
[06:40.680 --> 06:46.000]  from one heading section to the next heading section so you don't trip up
[06:46.000 --> 06:54.400]  your reader does that make sense sunny yes it does those are very valuable tips
[06:54.400 --> 07:00.560]  okay go go to the real law radio and get the e-book it I guarantee you it'll be
[07:00.560 --> 07:06.600]  worth it and if you find errors in it and I put it together quickly because we
[07:06.600 --> 07:10.840]  needed it out there it does need revision and appreciate it if you let me
[07:10.840 --> 07:20.160]  know where I screwed up so I can fix it okay in this appeal is do you just put
[07:20.160 --> 07:25.480]  list every single error or do you prioritize and put the most important
[07:25.480 --> 07:35.040]  one oh you put every single one of them because you never really know which one
[07:35.040 --> 07:38.520]  of these errors is gonna hit a hot button for one of these appellate
[07:38.520 --> 07:47.360]  judges will they rule on each one or will they just pick what they want they
[07:47.360 --> 07:55.680]  often pick what they want and if they do then you can go back and request points
[07:55.680 --> 08:03.200]  in authorities if they refuse to address an issue you can go back and petition
[08:03.200 --> 08:13.760]  them to address the issues they an appeal is for the most part a something
[08:13.760 --> 08:20.160]  that the courts can grant or not grant you don't have a right to appeal you
[08:20.160 --> 08:24.880]  have a right to petition for an appeal but the court is not bound to accept
[08:24.880 --> 08:30.320]  your appeal so rather they have to rule on every issue or not that's kind of if
[08:30.320 --> 08:39.600]  you but the more you give them as long as they're well pleaded you pick one
[08:39.600 --> 08:45.920]  point address that one point use your headings to keep you from straying off
[08:45.920 --> 08:53.920]  that point it's it takes mental discipline because we this case
[08:53.920 --> 08:57.880]  happened with all of these things happening at once
[08:57.880 --> 09:03.200]  so when we tell when we're talking about what happens we tend to blend them
[09:03.200 --> 09:10.440]  together and I've got Scott coming up next he does that all the time but you
[09:10.440 --> 09:18.120]  don't realize you're doing it so we need some mental markers so that we frame
[09:18.120 --> 09:26.440]  each argument very carefully maintain our argument in support within that
[09:26.440 --> 09:32.760]  frame of reference you're more likely to get a good reading in your behalf if you
[09:32.760 --> 09:38.600]  do it like this you'll get a document that are better than a large number of
[09:38.600 --> 09:43.920]  the briefs out there now I have seen some lawyers who produce stuff that I
[09:43.920 --> 09:51.360]  look at it and say I would that I could create such a well-pleaded document but
[09:51.360 --> 09:58.840]  most of them are trash the lawyers just throw them together and throw them at
[09:58.840 --> 10:05.040]  the court and hope they get a ruling this is important to you so you have
[10:05.040 --> 10:11.680]  motive motivation to write a really well-pleaded document and I suggest that
[10:11.680 --> 10:22.280]  you hyperlink every citation and in the e-book there are some suggestions on how
[10:22.280 --> 10:30.560]  you do that I don't use footnotes footnotes are from a flow perspective
[10:30.560 --> 10:36.080]  they are horrible footnotes have been used in literature for hundreds of years
[10:36.080 --> 10:47.920]  but we have a capacity for formatting that eliminates the need for footnotes
[10:47.920 --> 10:55.640]  where I cite a statute I will generally say that he did this in violation of
[10:55.640 --> 11:01.520]  thirty nine point oh three Texas Penal Code which reads in pertinent part as
[11:01.520 --> 11:09.720]  follows colon and then I copy and paste the pertinent part I set it to single
[11:09.720 --> 11:17.680]  space drop it down two points of font shrink the left and right margins so
[11:17.680 --> 11:24.560]  that the reader when he reads this he can see the quotation as separate from
[11:24.560 --> 11:30.720]  the body of the text so if he already knows what it said he can just jump
[11:30.720 --> 11:36.560]  right over it and never drop out of flow if he has a question about what the
[11:36.560 --> 11:42.840]  statute actually says he doesn't have to go down to a footnote and then read it
[11:42.840 --> 11:46.080]  at the bottom of the page and then come back up try to figure out where he was
[11:46.080 --> 11:52.320]  at that drops him out of flow every time if he has a question it's right there in
[11:52.320 --> 11:56.240]  front of him if he needs to read it he can if he doesn't he can jump right over
[11:56.240 --> 12:02.560]  it never drops out of flow the e-book will kind of go through how to do all of
[12:02.560 --> 12:16.880]  that okay okay if if that appeal doesn't work out exactly like I think it should
[12:16.880 --> 12:23.520]  is it possible to file for a motion for a new trial after that or or or would
[12:23.520 --> 12:29.960]  know no no no not often to that I need to check Georgia law you you can file
[12:29.960 --> 12:37.440]  for a new trial even on a jury trial but I have to look at Georgia law to see how
[12:37.440 --> 12:42.600]  to do that you'd have to show error fundamental errors on the part of the
[12:42.600 --> 12:53.640]  court that necessarily prejudice the jury or caused a improper ruling by the
[12:53.640 --> 12:59.640]  jury and generally the way the judges try to control juries the good chance
[12:59.640 --> 13:04.760]  you have a lot of things that you could do that as well
[13:04.760 --> 13:12.640]  what would a what a motion for a new trial waive any challenges on the appeal
[13:12.640 --> 13:26.480]  or just say no what it'll do it will render the the order of non-final it
[13:26.480 --> 13:31.600]  stops the clock on the notice of appeal until there's a ruling on the motion for
[13:31.600 --> 13:39.160]  a new trial I did read an attorney on YouTube who said they usually file a
[13:39.160 --> 13:44.480]  motion for new trial whether they get it or not because it yeah some time because
[13:44.480 --> 13:51.160]  those transcripts take a long time yeah and that is a very good idea and when
[13:51.160 --> 13:57.160]  you file a motion for new trial for some reason I was brain dead on that with a
[13:57.160 --> 14:03.880]  jury I generally ask for a judge that it's real easy but okay file for a new
[14:03.880 --> 14:12.920]  trial you actually write your brief and you you ask the court for a new trial
[14:12.920 --> 14:18.960]  and you say these are the errors that were committed and you need a new trial
[14:18.960 --> 14:24.400]  to connect correct these errors that's the same thing you do in a brief so when
[14:24.400 --> 14:30.640]  you when you write your motion for new trial you have most of your brief done
[14:30.640 --> 14:37.240]  it doesn't have to be as complete as the brief but you get the basic issues in
[14:37.240 --> 14:41.560]  there and ask the court to reconsider them and this will go to rulings of the
[14:41.560 --> 14:47.560]  court you can't ask him to reconsider the jury verdict but you can ask him to
[14:47.560 --> 14:55.280]  reconsider all of his rulings and that got to the jury you write did that this
[14:55.280 --> 15:00.120]  will give you a good outline for your brief you give it to him and while
[15:00.120 --> 15:05.520]  you're waiting for him to deny your reconsider a or your new trial then you
[15:05.520 --> 15:15.000]  can finish up your brief and it'll buy you more time okay since I was able to
[15:15.000 --> 15:25.080]  since I was able to get an appeal bond I the the judge said something about that
[15:25.080 --> 15:35.080]  I should have requested this in writing and I requested this what this well that
[15:35.080 --> 15:42.320]  I was thinking that I had 30 days just to file my notice of appeal and then and
[15:42.320 --> 15:48.120]  then I would have but then the clock would start ticking you know I'm trying
[15:48.120 --> 15:55.560]  to think of okay get waiting closer to the 30 days how long okay when was the
[15:55.560 --> 16:06.520]  verdict entered it was the trial was on Tuesday this past Tuesday okay okay so
[16:06.520 --> 16:11.840]  you're good in either case you want to get in a motion for reconsideration that
[16:11.840 --> 16:16.240]  stops the notice of appeal clock
[16:16.920 --> 16:23.560]  there is no final judgment now so now it stops until you get a ruling on their
[16:23.560 --> 16:31.880]  own the motion for new trial okay and then when he denies the motion for new
[16:31.880 --> 16:40.240]  trial then the clock starts again then you give notice of appeal okay and that
[16:40.240 --> 16:44.480]  motion for new trial it wouldn't affect my to proceed this bond or anything like
[16:44.480 --> 16:50.600]  that no would it no no it just invalidates the ruling it makes the
[16:50.600 --> 16:55.120]  ruling not hold on we're about to go to break grand account of our radio we'll
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[20:01.840 --> 20:08.400]  the only one could answer in being a business what wicked man say in mankind you know is
[20:08.400 --> 20:15.440]  this leading me to know trust in God me friend tell him your problems dead
[20:15.440 --> 20:23.840]  I'll have his name once again may recall you know he worked me in trust in God me friend
[20:23.840 --> 20:29.840]  tell him your problems dead I'll have his name once again
[20:29.840 --> 20:33.840]  may recall you know he worked me in trust in God
[20:33.840 --> 20:39.840]  you call him you call him bahuda you call him an Allah or you call him J-O-V-A
[20:39.840 --> 20:46.080]  okay we are back Randy Kelton rule of law radio still having minor little
[20:46.080 --> 20:50.080]  technical issues or a little slow and coming back but we're getting this thing
[20:50.080 --> 20:58.480]  together Deb is online and she is fixing everything for us she's the magic
[20:58.480 --> 21:07.680]  producer okay we're talking to Sonny in Georgia okay there you go Sonny okay
[21:07.680 --> 21:12.960]  yes sir do you think that mandamus
[21:12.960 --> 21:21.360]  is handled through the appeal or do you wait till maybe after
[21:21.360 --> 21:25.360]  the appeal to see what's handled and what's not and then okay
[21:25.360 --> 21:30.160]  hold on mandamus what's the purpose of the mandamus
[21:30.160 --> 21:34.400]  uh well there are just um lots of things that the judge
[21:34.400 --> 21:42.000]  didn't do that I wanted him to do for example uh the chief judge
[21:42.000 --> 21:46.800]  has been sitting on a motion to recuse and disqualify
[21:46.800 --> 21:51.360]  for it seems like nine months so close to a year
[21:51.360 --> 21:59.040]  and okay that definitely goes to mandamus okay but get your first thing
[21:59.040 --> 22:04.480]  you get in is your motion for a new trial and then
[22:04.480 --> 22:07.920]  follow that with a mandamus to the court of appeals
[22:07.920 --> 22:15.200]  asking them to order uh who hears uh recusal motions
[22:15.200 --> 22:18.880]  chief judge or whoever it is in texas it's head administrative court
[22:18.880 --> 22:23.520]  judge of the district so you ask the court of appeals to
[22:23.520 --> 22:29.280]  order whoever it is is supposed to do this to do what they were supposed to do
[22:29.600 --> 22:33.360]  but but you're going to run out of time on your
[22:33.360 --> 22:36.960]  motion for new trial so you need to make sure you get that prepped
[22:36.960 --> 22:43.280]  and in first right right right right and and so
[22:43.280 --> 22:46.800]  other issues of mandamus might would be for example my
[22:46.800 --> 22:50.560]  re uh my motion to compel the court reporter to
[22:50.560 --> 22:57.120]  give me the audio uh for the uh hearings uh has
[22:57.120 --> 23:05.040]  has the court reporter refused oh yes violated the open records request
[23:05.040 --> 23:10.880]  the georgia law um which i mean that should get a
[23:10.880 --> 23:16.000]  professional conduct complaint against the court reporter immediately
[23:16.000 --> 23:21.840]  yes i i've done that oh okay good good good then you might consider a lawsuit
[23:21.840 --> 23:26.960]  against court reporter she doesn't uh normally oh she's a public official she
[23:26.960 --> 23:30.560]  may have immunity but normally court reporters don't have any
[23:30.560 --> 23:33.120]  immunity
[23:33.440 --> 23:36.560]  she may be a public officials but she's not going to be
[23:36.560 --> 23:39.840]  a judicial officer
[23:39.840 --> 23:46.240]  okay and so would um the denial to sixth
[23:46.240 --> 23:50.400]  amendment council would that be that that'd be a good one for
[23:50.400 --> 23:54.320]  motion for a new trial oh yeah that'll almost
[23:54.320 --> 23:58.080]  well and when it comes to appeal if you were denied counsel that'll almost
[23:58.080 --> 24:01.280]  always get you an appeal
[24:02.880 --> 24:08.800]  i kind of think that my uh my challenge to territorial jurisdiction
[24:08.800 --> 24:13.120]  that that's what i best case scenario that's what i want the court of appeals
[24:13.120 --> 24:15.600]  to rule on because the judge admitted in
[24:15.600 --> 24:20.240]  court that there was that there was no
[24:20.240 --> 24:27.600]  evidence that the evidence did not exist for territorial jurisdiction
[24:27.600 --> 24:31.280]  and i subpoenaed both officers to bring the evidence to court and they didn't
[24:31.280 --> 24:34.480]  bring it not once but twice what does
[24:34.480 --> 24:38.800]  territorial jurisdiction mean
[24:38.800 --> 24:42.880]  territorial jurisdiction is the authority
[24:42.880 --> 24:50.560]  to apply the written law to the land where the alleged offense occurred
[24:50.560 --> 24:54.400]  that's that's that in georgia law challenge
[24:54.400 --> 25:00.320]  um i i don't think it's like in the statute but
[25:00.320 --> 25:07.520]  that uh i've seen some case law where challenge to territorial jurisdiction
[25:07.520 --> 25:13.680]  um i mean it's it's that's venue it's not
[25:14.000 --> 25:16.800]  that's venue
[25:18.560 --> 25:22.320]  very well it very well maybe i'm not sure exactly
[25:22.320 --> 25:29.600]  venue venue describes the area in which the judges
[25:29.600 --> 25:32.560]  has authority
[25:33.520 --> 25:37.120]  they're like you know i'm i'm from wise county texas we have
[25:37.120 --> 25:44.480]  five justices of the peace in wise county and each one is in a
[25:44.480 --> 25:49.040]  precinct that precinct is the territorial
[25:49.040 --> 25:56.640]  jurisdiction of the magistrate that describes the venue in which
[25:56.640 --> 26:02.480]  this judge can rule he is a state official
[26:02.480 --> 26:10.320]  but he can't hold trials on issues except those issues that fall within
[26:10.320 --> 26:15.120]  this venue this border around this precinct so
[26:15.120 --> 26:22.480]  that sounds like what you're going to and it may well be that the judge
[26:22.480 --> 26:28.080]  presumed you met something by territorial jurisdiction other than
[26:28.080 --> 26:30.560]  venue
[26:31.200 --> 26:36.080]  maybe i i would hope so because i'm not talking about a
[26:36.080 --> 26:44.400]  a border per se um the the laws of the united states
[26:44.400 --> 26:51.040]  through by working through the uh the the four organic laws that are
[26:51.040 --> 26:54.560]  in the first uh edition of the united states code
[26:54.560 --> 27:00.000]  the declaration of independence the article of confederation the northwest
[27:00.000 --> 27:04.000]  ordinance and the okay wait a minute wait a minute how do
[27:04.000 --> 27:08.160]  any of those have anything to do with the state
[27:08.160 --> 27:11.040]  well the um
[27:12.000 --> 27:15.520]  the the way it has something to do with the state
[27:15.520 --> 27:19.920]  actually has more to do with uh reconstruction
[27:19.920 --> 27:23.680]  uh the reconstruction act and and the 14th amendment
[27:23.680 --> 27:29.040]  um more so than for example the the northwest ordinance lays the
[27:29.040 --> 27:33.760]  groundwork that shows how united states written law
[27:33.760 --> 27:38.080]  only applies to territory owned specifically by the united states
[27:38.080 --> 27:44.240]  not to uncle bob that's exactly why i ask what does that have to do with the
[27:44.240 --> 27:47.920]  state that's the state is not the united
[27:47.920 --> 27:54.560]  states it's a sovereign entity and when you're charged criminally
[27:54.560 --> 27:58.400]  that's purely within the jurisdiction of the
[27:58.400 --> 28:00.720]  state the vets don't have anything to say about
[28:00.720 --> 28:02.800]  it
[28:03.200 --> 28:06.640]  that that's where the reconstruction acts come in
[28:06.640 --> 28:10.480]  and uh it for example in the united states code it defines
[28:10.480 --> 28:14.160]  county as a federal territory it defines state
[28:14.160 --> 28:20.960]  as a federal territory and uh in in the reconstruction act
[28:21.600 --> 28:27.840]  when they sent in military uh force literally into the the south
[28:27.840 --> 28:32.240]  more specifically and at gunpoint forced all the officials
[28:32.240 --> 28:38.320]  to leave their post and at that point in time the
[28:38.320 --> 28:45.920]  the de jure state government were suspended all yes but but that was
[28:45.920 --> 28:52.080]  just during the reconstruction we since had de jure state governments
[28:52.080 --> 28:55.920]  re-elected by the population
[28:56.000 --> 29:00.560]  but the the way that it changed was with the 14th amendment because the only way
[29:00.560 --> 29:04.560]  they were allowed back in was if they passed the 14th amendment which took
[29:04.560 --> 29:09.520]  state citizens and and stole away the sovereignty of the
[29:09.520 --> 29:13.840]  state by making them u.s citizens and so since
[29:13.840 --> 29:19.280]  they're all u.s citizens they're all uh u.s territories now and
[29:19.280 --> 29:22.240]  they're no no no that's that's not doesn't
[29:22.240 --> 29:27.120]  necessarily follow the fact that they're u.s citizens does
[29:27.120 --> 29:31.280]  not make the territory a u.s territory
[29:31.280 --> 29:34.400]  and they may be u.s citizens when they're in dc
[29:34.400 --> 29:38.480]  but when they leave dc and go to georgia now they're
[29:38.480 --> 29:44.240]  u.s nationals i i think the way that they're tied in is that
[29:44.240 --> 29:49.600]  the counties are incorporated uh probably under the state and the
[29:49.600 --> 29:53.600]  states are are incorporated under the united states
[29:53.600 --> 29:56.800]  that's that's okay okay now we need to define what
[29:56.800 --> 30:00.160]  incorporated means
[30:00.160 --> 30:03.760]  it seems like everywhere you turn nowadays someone wants your name
[30:03.760 --> 30:07.280]  social security number and date of birth but you should think twice before giving
[30:07.280 --> 30:10.480]  away your personal data i'm dr catherine albrecht and i'll say
[30:10.480 --> 30:14.560]  more in just a moment google is watching you recording
[30:14.560 --> 30:18.320]  everything you've ever searched for and creating a massive database of your
[30:18.320 --> 30:21.760]  personal information that's creepy but it doesn't have to be
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[30:41.920 --> 30:45.520]  search engine forms forms forms they're everywhere but
[30:45.520 --> 30:48.960]  just because a piece of paper asks for information doesn't mean you have to
[30:48.960 --> 30:51.440]  give it i leave blank spaces on forms all the
[30:51.440 --> 30:56.080]  time or i write n slash a for not applicable and usually nobody notices or
[30:56.080 --> 30:58.800]  cares i never give my social security number
[30:58.800 --> 31:02.800]  or date of birth unless it's absolutely mandatory for employment or a government
[31:02.800 --> 31:05.360]  requirement and i won't give my phone number to a
[31:05.360 --> 31:08.560]  company or an organization unless i actually want them to call me
[31:08.560 --> 31:12.320]  and that's pretty rare to preserve our vanishing privacy we need to practice
[31:12.320 --> 31:16.960]  saying no to random data requests it's like exercising a muscle it gets
[31:16.960 --> 31:20.640]  easier the more you do it i'm dr catherine albrecht more news and
[31:20.640 --> 31:31.760]  information at catherinealbrecht.com
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[33:01.920 --> 33:16.880]  it live free speech radio logosradionetwork.com
[33:16.880 --> 33:20.960]  okay we are back randy kelton rule of our radio
[33:20.960 --> 33:24.720]  and we're kind of straying off into some more
[33:24.720 --> 33:30.600]  arcane and philosophical areas but you mentioned that the states were
[33:30.600 --> 33:36.480]  incorporated i mean that the counties were incorporated in the state
[33:36.480 --> 33:43.680]  and this is a place in the patriot movement where there is some confusion
[33:43.680 --> 33:48.480]  what did you mean by incorporation
[33:49.040 --> 33:56.960]  um as as like a company but on a slightly different
[33:56.960 --> 34:01.760]  that that's what i thought and that's not correct
[34:01.760 --> 34:05.200]  when they say the states are incorporated that
[34:05.200 --> 34:10.960]  doesn't mean they're a corporation that doesn't mean that they're not
[34:10.960 --> 34:17.280]  referring to the term of art that defines a legal fiction
[34:17.280 --> 34:21.920]  they're referring to the fact that all of these states are grouped together
[34:21.920 --> 34:26.080]  under one override all these counties are grouped together under
[34:26.080 --> 34:31.680]  under one overriding entity and all of these counties are incorporated
[34:31.680 --> 34:37.520]  into this one overriding issue doesn't mean the legal fiction fiction
[34:37.520 --> 34:41.360]  of the creation of a corporation
[34:41.360 --> 34:45.920]  that's a problem that we've had in the past
[34:47.200 --> 34:52.240]  but at the end of the day as concerns your
[34:52.240 --> 34:56.800]  claims how is that relevant
[34:57.280 --> 35:03.760]  well it it comes into play when i try to
[35:03.760 --> 35:11.280]  apply united states code to the state for example uh title 18
[35:11.280 --> 35:18.720]  the definitions in uh title 18 uh us 31 things like that if
[35:18.720 --> 35:24.160]  if i can show that these are really just federal territories
[35:24.160 --> 35:28.960]  and they're not the du jour sovereign uh state
[35:28.960 --> 35:37.120]  government as elected by state citizens if if you notice when people go to vote
[35:37.120 --> 35:44.080]  state citizens cannot vote if they're not a u.s citizen they have to be a u.s
[35:44.080 --> 35:47.760]  citizen and and those citizens can really just go
[35:47.760 --> 35:51.520]  anywhere to any federal territory assuming that
[35:51.520 --> 35:58.160]  okay hold on you have a a deletion distortion there
[35:58.160 --> 36:04.240]  okay you said these people can't vote unless they're u.s citizens
[36:04.240 --> 36:10.480]  they can't vote in any election that elects a u.s citizen if they're not u.s
[36:10.480 --> 36:14.400]  citizens but they can vote in a state election
[36:14.400 --> 36:17.680]  if they're state citizens
[36:19.840 --> 36:26.880]  i am in the state of tennessee but my residence is in texas
[36:26.880 --> 36:34.480]  so i am a citizen of the state of texas i can vote in a texas
[36:34.480 --> 36:38.160]  election i cannot vote in a tennessee election
[36:38.160 --> 36:43.440]  now if there's a federal election here in tennessee i can vote in that
[36:43.440 --> 36:47.200]  because i am a u.s citizen
[36:48.880 --> 36:51.680]  does that make sense
[36:51.920 --> 36:56.720]  i'm i'm i'm i'm listening but i'm thinking of the voter registration they
[36:56.720 --> 37:00.720]  won't even let you register to vote if you're not a u.s
[37:00.720 --> 37:05.120]  citizen so it sort of disenfranchises people who
[37:05.120 --> 37:08.720]  want to be state citizens but not a u.s citizen
[37:08.720 --> 37:15.360]  and yes you're right they do but that doesn't change the fact that the penal
[37:15.360 --> 37:19.520]  laws of the state are
[37:19.520 --> 37:24.880]  specific to the state and you can try to make the argument that the state
[37:24.880 --> 37:30.080]  is really not a state but it's merely a federal territory
[37:30.080 --> 37:35.840]  and whether it is or not you're not going to win that argument
[37:35.840 --> 37:40.000]  and when your liberty is at risk i'm going to suggest
[37:40.000 --> 37:43.120]  you make your arguments in state law you make
[37:43.120 --> 37:48.160]  you use their law against them rather than trying to bring in an outside law
[37:48.160 --> 37:53.200]  to usurp theirs i have never ever
[37:53.200 --> 37:58.640]  seen anyone achieve remedy using that technique
[37:58.640 --> 38:03.520]  now i'm not saying it's not right i've just never seen anyone
[38:03.520 --> 38:08.320]  achieve remedy that way and pastor massad who does truth radio
[38:08.320 --> 38:12.400]  and has for longer than i've been doing this this show
[38:12.400 --> 38:18.400]  he'll say the same thing he's never saw anybody achieve remedy
[38:18.720 --> 38:22.720]  well i was really making the judge uncomfortable
[38:22.720 --> 38:28.400]  with my uh information on the 14th amendment not being properly ratified
[38:28.400 --> 38:35.120]  um even the georgia legislature both houses both the both houses
[38:35.120 --> 38:40.160]  voted in a resolution stating that the 14th amendment was not ratified
[38:40.160 --> 38:43.680]  had it memorialized in congress and it wasn't just georgia there were
[38:43.680 --> 38:48.560]  10 other states that did the exact same thing this was in 1957
[38:48.560 --> 38:57.280]  uh and they how how does that apply well without the 14th amendment
[38:57.280 --> 39:04.640]  you're not a u.s citizen unless you are a naturalized u.s citizen
[39:04.640 --> 39:11.520]  um if okay the amendment how is that relevant to a criminal
[39:11.520 --> 39:14.320]  prosecution
[39:15.840 --> 39:23.840]  well it it sort of all ties together with um it gets to personal
[39:23.840 --> 39:29.120]  no no no hold on we can this is law we cannot do sort of ties together we have
[39:29.120 --> 39:33.040]  to be specific and pedantic
[39:33.040 --> 39:36.400]  are they just true against you
[39:39.360 --> 39:44.800]  i'm i'm not challenging you i'm trying to push you to make your argument
[39:44.800 --> 39:50.880]  more finite right so the other side just dump a hole in it
[39:50.880 --> 39:54.800]  right and i i do need to do that and that's that's
[39:54.800 --> 39:58.400]  one of the things i've been studying diligently on
[39:58.400 --> 40:05.040]  and i think that there are some uh pieces of information that
[40:05.040 --> 40:13.280]  um that i i need to go look up um in
[40:13.600 --> 40:18.480]  in the uh maybe some of some of the state buildings that have some of the
[40:18.480 --> 40:23.440]  archives where i can get the access to the uh to the original
[40:23.440 --> 40:29.040]  uh bills and uh there's going to be more information
[40:29.040 --> 40:32.720]  in there that you know you just won't be able to get
[40:32.720 --> 40:36.240]  online um
[40:37.280 --> 40:43.280]  okay but but it you're you're making me uncomfortable
[40:43.280 --> 40:49.760]  because you seem to be playing a bit fast and loose with liberty
[40:49.760 --> 40:54.800]  with your liberty and that always makes me uncomfortable
[40:55.920 --> 41:00.640]  you're asking the courts to render a ruling
[41:00.640 --> 41:05.200]  that would throw out georgia law
[41:06.400 --> 41:11.120]  good luck on that yeah they they really can't
[41:11.120 --> 41:14.640]  if if it's especially if it's administrative law
[41:14.640 --> 41:20.640]  um the supreme court actually there was a case that came before the
[41:20.640 --> 41:23.840]  supreme court to rule the 14th amendment as being
[41:23.840 --> 41:28.560]  unconstitutional and the congress very quickly passed
[41:28.560 --> 41:31.760]  uh a
[41:32.080 --> 41:36.160]  passed something that that removed it from
[41:36.160 --> 41:39.200]  the supreme court so they could not rule on it
[41:39.200 --> 41:44.160]  and no there's a utah supreme court ruling
[41:44.160 --> 41:49.440]  that rules the 14th amendment uh unconstitutional but other than that
[41:49.440 --> 41:54.640]  every single time it comes up they say well this is a political issue
[41:54.640 --> 41:59.360]  and we can't rule on it and so no one will touch this thing with a 40-foot
[41:59.360 --> 42:04.000]  pole okay so why are you
[42:04.000 --> 42:10.400]  going after why are you using your time to address an issue that's bound to
[42:10.400 --> 42:16.640]  lose well it's it's kind of like um
[42:16.640 --> 42:20.880]  i think that once enough people become aware
[42:20.880 --> 42:27.840]  of a particular truth then that that the sort of the house of cards
[42:27.840 --> 42:33.600]  will start to tumble down and um i think that the 14th amendment not
[42:33.600 --> 42:38.240]  being properly ratified i think is is a huge thing is it's what obama
[42:38.240 --> 42:41.840]  cares based on it's okay okay now wait a minute we get okay but
[42:41.840 --> 42:48.720]  how's that going to keep you out of jail well it
[42:48.720 --> 42:52.400]  i don't think it really is going to keep me out of jail because i really don't
[42:52.400 --> 42:55.520]  think i'll be able to uh
[42:55.520 --> 43:01.120]  uh they they they won't prove it but in in the long run i think it will
[43:01.120 --> 43:04.960]  help in the grand scheme of things just by making more people aware
[43:04.960 --> 43:11.360]  and cause them to ask more questions well let me suggest that you
[43:11.360 --> 43:17.760]  reassess your priorities once you've cleared your liberty then you
[43:17.760 --> 43:21.680]  can spend all the time on that you want to
[43:21.840 --> 43:28.160]  but you won't be able to advance this case from a jail cell
[43:28.160 --> 43:32.560]  that is true i will have more time
[43:33.760 --> 43:36.000]  so
[43:36.880 --> 43:40.720]  let's go back to the issues that you have to deal with right now right now
[43:40.720 --> 43:46.720]  you're looking at a motion for new trial
[43:46.720 --> 43:50.160]  yes and then an appeal once you get the appeal
[43:50.160 --> 43:54.640]  filed that's going to take a while
[43:54.640 --> 43:58.320]  six eight nine months for them to get to it
[43:58.320 --> 44:01.280]  then you can go back
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[45:55.280 --> 45:59.440]  and click on the banner or call toll-free 866
[45:59.440 --> 46:16.960]  law easy
[46:16.960 --> 46:21.200]  okay we are back randy kelton rule of law radio
[46:21.200 --> 46:24.800]  and talking to sunny in georgia sunny i really need to move along we've spent
[46:24.800 --> 46:29.360]  way too much time on a side issue but i've got a whole board full of
[46:29.360 --> 46:34.560]  callers and only got one hour left is there anything else i need to
[46:34.560 --> 46:37.040]  address
[46:37.200 --> 46:41.200]  no sir not at this time thank you uh so much for all you do
[46:41.200 --> 46:46.240]  and uh and we'll talk to you soon okay thank you sunny now we're going to
[46:46.240 --> 46:51.440]  go to scott in texas hello scott
[46:51.440 --> 46:57.920]  howdy howdy what do you have for us today
[46:57.920 --> 47:04.960]  well uh as far as the uh the teacher guy i think he's correct
[47:04.960 --> 47:11.600]  all these schools we need to just disband them burn them down i think all
[47:11.600 --> 47:14.720]  the young people now can learn more on the
[47:14.720 --> 47:19.200]  computer and everything at their house
[47:19.200 --> 47:23.520]  before they can get indoctrinated by all these
[47:23.520 --> 47:28.160]  corrupt government employees called school teachers because they all work
[47:28.160 --> 47:32.880]  for the government so that's my take on that and i've done
[47:32.880 --> 47:38.640]  videos about this in fact it was there was a study about
[47:38.640 --> 47:46.080]  some professional people that were studying young young people like
[47:46.080 --> 47:52.400]  um five-year-olds or something like this and they all had incredible and they
[47:52.400 --> 47:58.800]  called it genius level intelligence but by the time they went through school
[47:58.800 --> 48:02.400]  and got all the way up to after they graduated school
[48:02.400 --> 48:09.360]  and and were um uh in their 20s they had the hardly
[48:09.360 --> 48:15.920]  any uh ability to do any critical thinking skills on their own
[48:15.920 --> 48:20.160]  because school had indoctrinated all the critical thinking skills
[48:20.160 --> 48:25.120]  smooth out of them and that's a video that i even have on my youtube channel
[48:25.120 --> 48:31.760]  on snafu radio so i just read them i was i was going
[48:31.760 --> 48:37.760]  keith mentioned you know that he wanted to be contact i wanted to
[48:37.760 --> 48:41.760]  get in contact with people who were could help with this and i was gonna get
[48:41.760 --> 48:46.240]  you two together oh that would be great because i could
[48:46.240 --> 48:49.680]  really you know i'm all i've been it i've been
[48:49.680 --> 48:54.080]  railing against public schools for a long time and even private schools are
[48:54.080 --> 48:57.840]  just as bad now and so and the colleges are worse
[48:57.840 --> 49:03.600]  they're totally indoctrination camps so yeah i would love to do that now to get
[49:03.600 --> 49:06.640]  to something that i've been wanting to tell you i was going to call
[49:06.640 --> 49:09.840]  you earlier today because you were going to get you'd
[49:09.840 --> 49:14.560]  probably get a chuckle out of this so as you know i went to go follow all
[49:14.560 --> 49:18.640]  those lawsuits on these prosecutors in garland yesterday
[49:18.640 --> 49:22.880]  got it done about noon and got home went and did
[49:22.880 --> 49:27.120]  you know all my other stuff and this morning had a bunch of work to go do
[49:27.120 --> 49:32.160]  well when i got back home this afternoon i printed up all these criminal
[49:32.160 --> 49:37.120]  complaints on these prosecutors and went and made my copies and stuff and
[49:37.120 --> 49:39.760]  i thought you know what i'm going to go down there
[49:39.760 --> 49:43.760]  i'm going to file all these criminal complaints in the record
[49:43.760 --> 49:49.120]  on the little case that i have on the prosecutors get me some file stamp
[49:49.120 --> 49:53.200]  copies for my record and then get another set of file stamp
[49:53.200 --> 49:56.960]  copies so i could go give it to the magistrate i mean to the
[49:56.960 --> 50:03.040]  mayor in the capacity of a magistrate and watch him get a hold of this tar
[50:03.040 --> 50:07.760]  baby and let it uh get it all sticky on him
[50:07.760 --> 50:13.360]  but here's the funny thing i went to the police station today at two o'clock
[50:13.360 --> 50:19.360]  and the garland police station was closed for training
[50:24.320 --> 50:28.880]  hello i think they saw you coming
[50:29.920 --> 50:33.280]  you know it's actually kind of funny because i had a cop follow me all the
[50:33.280 --> 50:35.600]  way to the police station i was just like
[50:35.600 --> 50:39.280]  i wonder if he really wants to do anything it was an undercover cop
[50:39.280 --> 50:44.000]  and uh i went into the police station and he went and found the gate where
[50:44.000 --> 50:46.640]  they get in through their little security gate and
[50:46.640 --> 50:49.840]  i've never seen him again
[50:52.960 --> 50:56.160]  he probably didn't want anything to do with you
[50:56.160 --> 51:00.880]  he didn't in fact when he he got behind me and i guess he kind of finally
[51:00.880 --> 51:04.160]  recognized me he tapped the brakes and got so far back
[51:04.160 --> 51:06.800]  there was a few cars that got in between us
[51:06.800 --> 51:11.280]  and i bet he was just wondering why are you going to the police station
[51:11.280 --> 51:14.640]  i was just going to go file some criminal complaints so
[51:14.640 --> 51:18.880]  on prosecutors because you know i just wanted to give them some love letters
[51:18.880 --> 51:22.320]  and it was funny because the parking lot was super bare
[51:22.320 --> 51:25.760]  there was nobody in it i thought wow this is empty i'll be
[51:25.760 --> 51:29.120]  in and out of here in five minutes got up there
[51:29.120 --> 51:33.440]  parked there's this guy standing in front of the doors and he's just
[51:33.440 --> 51:37.760]  staring at him and uh i get out of the car and i start
[51:37.760 --> 51:40.320]  walking up and then i noticed this bright red
[51:40.320 --> 51:43.440]  sign on the door it says closed for training
[51:43.440 --> 51:47.440]  i said they're closed he goes yeah can you believe that
[51:47.440 --> 51:52.880]  and i said well yeah actually i can't i said maybe it's because of all the
[51:52.880 --> 51:57.360]  lawsuits that i'm filing on the cops and now these prosecutors maybe they got
[51:57.360 --> 52:01.600]  wind of it who knows he's like what and i said yeah
[52:01.600 --> 52:04.640]  i said you know because we fight public corruption i said
[52:04.640 --> 52:07.680]  you ought to tune in to rule law radio i said
[52:07.680 --> 52:14.880]  here's the address rulelawradio.com and uh i said oh i got a web uh a youtube
[52:14.880 --> 52:18.000]  channel too you can go on there and hear all about law
[52:18.000 --> 52:23.280]  on that and uh he was busy writing it all down i said well
[52:23.280 --> 52:26.880]  i guess i'm gonna go i'll have to come back monday and file these criminal
[52:26.880 --> 52:30.880]  complaints so have a good weekend and he was like well
[52:30.880 --> 52:34.400]  what am i going to do i was like what do you mean he goes why
[52:34.400 --> 52:37.680]  i need to get all this stuff turned in uh
[52:37.680 --> 52:43.040]  before sunday i said well why don't you go make copies of all that stuff and i
[52:43.040 --> 52:45.840]  said you see that drop box right there he goes yeah
[52:45.840 --> 52:49.200]  i said well that's what i use to stuff criminal complaints into
[52:49.200 --> 52:52.080]  why don't you just stuff your stuff in there and go home and have a good
[52:52.080 --> 52:55.120]  weekend i think i'm gonna go do that that's a
[52:55.120 --> 53:01.440]  good idea see you later so that's about it
[53:03.200 --> 53:10.960]  if the last day lands on a sunday then he can still file on monday
[53:10.960 --> 53:16.880]  if they're open yeah well then he still gets extended to the next time
[53:16.880 --> 53:22.240]  they're open oh i know i was just so easy yeah like
[53:22.240 --> 53:27.040]  if it's a holiday or something then it still extends
[53:27.040 --> 53:30.800]  you can't be held responsible for what you're you can't do
[53:30.800 --> 53:36.480]  because of what somebody else has done anyway okay do you have anything else
[53:36.480 --> 53:39.600]  for us no i just thought you might get a kick
[53:39.600 --> 53:43.360]  out of that yeah i did keep up the good work don't
[53:43.360 --> 53:49.360]  have too much fun okay bye okay we're going to truth raider
[53:49.360 --> 53:53.200]  in oregon hello truth
[53:53.360 --> 53:56.240]  or is it raider
[53:57.120 --> 54:00.080]  hello are you there
[54:00.160 --> 54:05.200]  i think i put him to sleep with all of my eloquent oratory
[54:05.200 --> 54:11.200]  okay we are going to adam in texas hello adam
[54:11.200 --> 54:15.280]  hey randy how you doing doing good what do you have for us
[54:15.280 --> 54:20.560]  today well i'm just trying to finish keeping my head around some stuff
[54:20.560 --> 54:25.440]  um i don't have a dog in the fight but i still want to
[54:25.440 --> 54:30.320]  jump in and see something um
[54:31.040 --> 54:34.800]  or they get an indictment from a jury there has to be a final cause
[54:34.800 --> 54:39.120]  that can only be found at the jamming trial
[54:39.120 --> 54:44.560]  uh hold on a second move the mic down by your chin a little bit you're kind of
[54:44.560 --> 54:51.280]  distorting the mic is that better a little bit go ahead
[54:51.280 --> 54:57.280]  okay um in order to get in the diet grand jury there has to be a finding of
[54:57.280 --> 55:02.400]  probable cause that was found in the during the examining
[55:03.360 --> 55:06.960]  whoa whoa whoa no they're not
[55:06.960 --> 55:15.040]  uh there doesn't have to be a a grand jury
[55:15.040 --> 55:22.080]  can indict they can find a true bill but the true bill
[55:22.080 --> 55:27.600]  can't be filed with the court until the accused has been arrested
[55:27.600 --> 55:31.920]  and when the accused is arrested they're required to take him to a magistrate for
[55:31.920 --> 55:37.120]  a probable cause hearing but there can already be an indictment
[55:37.120 --> 55:40.320]  okay does that make sense
[55:40.560 --> 55:44.880]  yes but what if the indictment was found after the uh
[55:44.880 --> 55:52.080]  arrest seven days after okay then they then they can arrest him
[55:52.080 --> 55:56.000]  but he was already arrested for seven days okay okay
[55:56.000 --> 55:59.040]  then what's the issue
[55:59.040 --> 56:02.720]  i'm just trying to figure out now when i go
[56:02.720 --> 56:07.520]  to take it to the grand jury so far i'll adjust the piece for not holding the
[56:07.520 --> 56:11.840]  gammy trial where's my where's my backup i mean how
[56:11.840 --> 56:16.800]  do i convince these people that it's a thing that has to be done
[56:16.800 --> 56:20.640]  as the supreme court decisions that i mean i mean no
[56:20.640 --> 56:25.840]  it's not supreme court's decision it's case it's statutory law
[56:25.840 --> 56:32.160]  and here's the argument what they're saying is is that under the
[56:32.160 --> 56:37.520]  case law you don't have a right to an examining trial
[56:37.520 --> 56:41.760]  in a misdemeanor and they're saying that the statute
[56:41.760 --> 56:50.080]  16.01 says that you have a right to an examining trial before indictment
[56:50.080 --> 56:56.480]  okay so that's why i use the distinction true
[56:56.480 --> 57:01.760]  bill the grand jury can find a true bill
[57:01.760 --> 57:08.640]  but under 2022 and under 2021 once the grand jury has
[57:08.640 --> 57:13.680]  voted they shall come before the clerk or the court with a quorum of the grand
[57:13.680 --> 57:18.080]  jury present and and read the fact of the
[57:18.080 --> 57:21.920]  indictment to the court and the clerk shall make
[57:21.920 --> 57:28.480]  notes in the minutes of the court 2022 if the i can't quote this one exactly
[57:28.480 --> 57:31.920]  but it says if the person has not been indicted
[57:31.920 --> 57:37.920]  then the clerk cannot make notes in the minutes of the court
[57:37.920 --> 57:44.640]  that the clerk shall issue a capias and once the person is arrested
[57:44.640 --> 57:48.960]  then the clerk can make the notes in the minutes of the court
[57:48.960 --> 57:53.040]  so the true bill doesn't become an indictment
[57:53.040 --> 57:58.320]  until it's filed in the court it can't be filed into the court if the person
[57:58.320 --> 58:02.880]  hasn't been arrested they have to issue a capis go arrest him
[58:02.880 --> 58:06.480]  first then the true bill can turn from a true
[58:06.480 --> 58:13.200]  bill to a case to a indictment okay that makes sense
[58:13.200 --> 58:19.680]  well yes sir but on the other way around if a person's arrested and they're
[58:19.680 --> 58:23.280]  for a felony charge they're not given an examining trial
[58:23.280 --> 58:27.840]  they're determined probable cause and then seven days later
[58:27.840 --> 58:31.200]  the information is presented to the grand jury and there's a grand jury
[58:31.200 --> 58:34.720]  indictment does that mean once there's an indictment
[58:34.720 --> 58:38.640]  by the grand jury that's a that's a determination of probable cause so it
[58:38.640 --> 58:44.000]  doesn't even matter yes that's that is exactly what it is
[58:45.200 --> 58:51.520]  but it raises a question if he's would you like to make more
[58:51.520 --> 58:56.720]  definite progress in your walk with god bibles for america is offering a free
[58:56.720 --> 58:59.920]  study bible and a set of free christian books that can
[58:59.920 --> 59:04.160]  really help the new testament recovery version is one of the most comprehensive
[59:04.160 --> 59:08.000]  study bibles available today it's an accurate translation and it
[59:08.000 --> 59:11.760]  contains thousands of footnotes that will help you to know god and to know
[59:11.760 --> 59:15.600]  the meaning of life the free books are a three volume set
[59:15.600 --> 59:18.400]  called basic elements of the christian life
[59:18.400 --> 59:21.440]  chapter by chapter basic elements of the christian life
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[59:25.760 --> 59:30.800]  and how to build up the church to order your free new testament recovery version
[59:30.800 --> 59:34.240]  and basic elements of the christian life call
[59:34.240 --> 59:40.480]  bibles for america toll free at 888-551-0102
[59:40.480 --> 59:51.200]  that's 888-551-0102 or visit us online at bfa.org
[59:52.160 --> 59:55.680]  you're listening to the logos radio network
[59:55.680 --> 01:00:00.400]  at logosradionetwork.com
[01:00:00.400 --> 01:00:05.040]  the following news flash is brought to you by the lone star lowdown
[01:00:05.040 --> 01:00:08.320]  providing your deli bulletins for the commodities market
[01:00:08.320 --> 01:00:14.400]  today in history news updates and the inside scoop into the tides of
[01:00:14.400 --> 01:00:21.040]  the alternative
[01:00:21.040 --> 01:00:24.440]  markets for wednesday the 8th of november closed with the gold at
[01:00:24.440 --> 01:00:29.600]  1281.48 an ounce silver 17.04 an ounce texas crude
[01:00:29.600 --> 01:00:34.080]  57.20 a barrel bitcoin is way up at seven thousand three
[01:00:34.080 --> 01:00:40.960]  hundred and seventy seven dollars and dash coin is at 310 us fiat
[01:00:44.320 --> 01:00:50.960]  today in history the year 1957 operation grapple x around c1 the united
[01:00:50.960 --> 01:00:53.520]  kingdom conducts its first successful hydrogen bomb
[01:00:53.520 --> 01:01:00.480]  test over kritamati in the pacific today in history
[01:01:00.480 --> 01:01:05.280]  in recent news a list of the 26 murdered victims of the church massacre at the
[01:01:05.280 --> 01:01:08.960]  first baptist church in southerland springs texas was released today
[01:01:08.960 --> 01:01:12.560]  their ages range from the unborn child of crystal maria
[01:01:12.560 --> 01:01:15.760]  holcomb who was pregnant and a 77 year old elder
[01:01:15.760 --> 01:01:19.200]  the heartless senseless atrocity was committed by a 26 year old male who
[01:01:19.200 --> 01:01:22.240]  killed himself at the end of massacre law enforcement is stating that the
[01:01:22.240 --> 01:01:25.200]  killer was having a relational issue with his mother-in-law
[01:01:25.200 --> 01:01:29.200]  who attended the church but was not there during the event the fbi has
[01:01:29.200 --> 01:01:32.480]  the assailant's phone which was taken to their facility in virginia
[01:01:32.480 --> 01:01:36.000]  but apparently have been unable to unlock it with the potentiality of it
[01:01:36.000 --> 01:01:38.800]  taking months to unlock it appears that the killer had been
[01:01:38.800 --> 01:01:41.840]  court-martialed by the air force and charged with abusing his wife and
[01:01:41.840 --> 01:01:44.800]  stepson pleading guilty to both counts charges
[01:01:44.800 --> 01:01:48.400]  that apparently the air force failed to follow policies with filing to alert
[01:01:48.400 --> 01:01:50.640]  federal law enforcement about his convictions
[01:01:50.640 --> 01:01:53.760]  which apparently would have kept the killer from being able to legally buy
[01:01:53.760 --> 01:01:57.440]  firearms and passing background checks and apparently even while still in
[01:01:57.440 --> 01:02:01.040]  service he escaped from a mental health facility after getting caught sneaking
[01:02:01.040 --> 01:02:03.440]  guns onto the base and attempting to carry
[01:02:03.440 --> 01:02:06.080]  out death threats against military superiors
[01:02:06.080 --> 01:02:09.280]  according to a police report
[01:02:12.320 --> 01:02:15.680]  kentucky senator ran paul released an update on his medical condition via
[01:02:15.680 --> 01:02:18.240]  twitter today quote i appreciate all the support from
[01:02:18.240 --> 01:02:23.200]  everyone medical update final report incidents six broken ribs and a new x-ray
[01:02:23.200 --> 01:02:26.480]  shows a plural fusion apparently a dispute between
[01:02:26.480 --> 01:02:30.480]  paul and the aggressor a democrat allegedly arose over yard work and not
[01:02:30.480 --> 01:02:33.680]  politics the aggressor's attorney matthew baker
[01:02:33.680 --> 01:02:36.640]  stated that quote the unfortunate occurrence of november
[01:02:36.640 --> 01:02:40.880]  3rd has absolutely nothing to do with either politics or political agendas
[01:02:40.880 --> 01:02:44.480]  it was a very regrettable dispute between two neighbors over a matter that
[01:02:44.480 --> 01:02:47.680]  most people would regard as trivial we sincerely hope that
[01:02:47.680 --> 01:02:51.520]  senator paul is doing well that these two gentlemen can get back to being
[01:02:51.520 --> 01:02:55.120]  neighbors as quickly as possible
[01:02:55.120 --> 01:03:00.800]  this was rick rody with your lowdown for november 8th 2017
[01:03:00.800 --> 01:03:19.600]  okay we are back randy kelton rule of law radio and we're talking to
[01:03:19.600 --> 01:03:25.120]  adam in texas and i ran off the cliff there again
[01:03:25.120 --> 01:03:28.880]  okay where were we adam
[01:03:28.880 --> 01:03:34.160]  all right um if if a person's erection is
[01:03:34.160 --> 01:03:38.480]  profoundly charged on a warrant and they're brought by the court magistrate
[01:03:38.480 --> 01:03:42.400]  and they've read their 15.17 registration and all
[01:03:42.400 --> 01:03:45.040]  that but they're never given an examining
[01:03:45.040 --> 01:03:48.400]  trial but then seven days later taking the grand jury
[01:03:48.400 --> 01:03:53.200]  and there's an indictment does that mean okay okay hold on that
[01:03:53.200 --> 01:03:57.760]  raises a an interesting question because
[01:03:57.760 --> 01:04:05.280]  16.17 says that if there is no order
[01:04:05.680 --> 01:04:10.960]  filed within 48 hours a finding of no probable cause
[01:04:10.960 --> 01:04:17.520]  is entered in the court i'm sorry the defendant has a right to a finding of no
[01:04:17.520 --> 01:04:20.320]  probable cause
[01:04:20.640 --> 01:04:26.480]  but this raises a question because he has been arrested on the issue
[01:04:26.480 --> 01:04:30.320]  it has been brought before a magistrate and
[01:04:30.320 --> 01:04:33.440]  no probable cause was entered in the court
[01:04:33.440 --> 01:04:39.360]  and then the grand jury indicts him well the grand jury effectively does the same
[01:04:39.360 --> 01:04:45.360]  thing that a magistrate does they find probable cause
[01:04:45.360 --> 01:04:51.920]  so how does the right to a finding of no probable cause
[01:04:51.920 --> 01:04:57.040]  affect the grand jury determination
[01:04:58.640 --> 01:05:01.760]  this is a question i don't know the answer to
[01:05:01.760 --> 01:05:05.520]  it just seems to me it's almost like false i mean it's great
[01:05:05.520 --> 01:05:10.640]  seven days later the grand jury you know uh true bills i'm fine but for those
[01:05:10.640 --> 01:05:14.400]  seven days it's like that that person okay okay there was no
[01:05:14.400 --> 01:05:18.560]  committing order there's no reason for him to be there
[01:05:18.560 --> 01:05:25.360]  so so he's held in jail this whole time
[01:05:25.360 --> 01:05:30.080]  yeah he's yeah i was held in jail the whole time throughout all this
[01:05:30.080 --> 01:05:34.320]  okay what you said he was arrested on a warrant
[01:05:34.320 --> 01:05:40.320]  yes sir a warrant is issued in an examining trial
[01:05:41.920 --> 01:05:45.600]  there had to be a determination of probable cause for the warrant
[01:05:45.600 --> 01:05:49.520]  well that would be right but that would have been an ex parte exam trial because
[01:05:49.520 --> 01:05:54.560]  the accused was present correct yes it was and they were
[01:05:54.560 --> 01:05:57.840]  the arresting officer the warrant will say arrest
[01:05:57.840 --> 01:06:06.160]  this person and bring him before me so did they bring him before the
[01:06:06.160 --> 01:06:13.200]  magistrate that issued the warrant yes they did oh
[01:06:13.200 --> 01:06:19.360]  and the magistrate didn't did not either did not find probable cause or
[01:06:19.360 --> 01:06:26.400]  did not issue the order did the judge order the
[01:06:26.400 --> 01:06:29.440]  person held
[01:06:31.600 --> 01:06:36.160]  i guess verbally sure verbally because he never got out of jail but there was
[01:06:36.160 --> 01:06:39.120]  no commitment order as you know with the requirements of a
[01:06:39.120 --> 01:06:41.680]  commitment order and all those things they're supposed to be
[01:06:41.680 --> 01:06:50.400]  under 16 which never took place okay you could make the argument
[01:06:50.400 --> 01:06:56.400]  but if the judge the judge can commit him
[01:06:56.960 --> 01:07:00.720]  yeah he is required to issue a written order you could claim
[01:07:00.720 --> 01:07:05.200]  false imprisonment for this period of time
[01:07:05.200 --> 01:07:08.160]  between the
[01:07:08.160 --> 01:07:16.560]  read the the second examining trial and the indictment
[01:07:16.560 --> 01:07:22.000]  was there a capias issued at the time of the indictment
[01:07:22.000 --> 01:07:26.240]  no there was no need for capias because he was already
[01:07:26.240 --> 01:07:31.840]  arrested yes there was a need for a capias because
[01:07:31.840 --> 01:07:38.080]  there was no authority to hold because after 48 hours he had a right to
[01:07:38.080 --> 01:07:44.720]  a okay this is this is complex he was ordered to the
[01:07:44.720 --> 01:07:50.400]  to be committed by the judge the judge just didn't sign the order
[01:07:50.400 --> 01:07:54.720]  well there's no evidence of any any kind of order or anything like that in the
[01:07:54.720 --> 01:08:01.280]  record right so but the in jail i guess by
[01:08:01.280 --> 01:08:05.360]  the the you know the jp's mouth put him in jail yeah
[01:08:05.360 --> 01:08:12.560]  and and that's actually sufficient to put him in jail harm
[01:08:12.880 --> 01:08:16.320]  come again but the but once the grand jury
[01:08:16.320 --> 01:08:22.400]  finds since there was no order written order issued within 48 hours
[01:08:22.400 --> 01:08:27.920]  then the time between the 48th hour and the time of the indictment would be
[01:08:27.920 --> 01:08:32.080]  false imprisonment that that that's my conclusion that's
[01:08:32.080 --> 01:08:34.320]  what yeah i'm trying to get my head around all this
[01:08:34.320 --> 01:08:41.440]  that's that would be a demonstrable harm so when i want to take the criminal
[01:08:41.440 --> 01:08:45.360]  charges of the no damning trial and the no finding of probable cause and no
[01:08:45.360 --> 01:08:52.000]  16.17 committed order that would be not only his statutory law
[01:08:52.000 --> 01:08:55.040]  i see it's to the season me randy is there
[01:08:55.040 --> 01:08:58.880]  they're just completely circumventing chapter 16 because
[01:08:58.880 --> 01:09:03.360]  that's exactly what they do it just takes a few more days and they can get a
[01:09:03.360 --> 01:09:06.960]  grand jury indictment so no need for chapter 16 let's just
[01:09:06.960 --> 01:09:10.080]  let's just skip it that's what's going on so
[01:09:10.080 --> 01:09:15.680]  it's so what file file criminally against the judge
[01:09:15.680 --> 01:09:19.600]  i'm sorry okay let me another question when they
[01:09:19.600 --> 01:09:23.440]  arrested him on the warrant
[01:09:24.240 --> 01:09:29.120]  the did they take him directly to the magistrate they take and put him in jail
[01:09:29.120 --> 01:09:31.440]  first
[01:09:31.440 --> 01:09:35.120]  uh well they had to have taken him to the
[01:09:35.120 --> 01:09:38.080]  jail because according to the paperwork he didn't see the magistrate until the
[01:09:38.080 --> 01:09:44.000]  next morning nine o'clock so he was okay okay that's why the reason i asked
[01:09:44.000 --> 01:09:49.840]  this question is did was this the magistrate
[01:09:49.840 --> 01:09:55.280]  doing the magistration hearings in the jail
[01:09:55.280 --> 01:10:03.040]  because if it was that was not an examining trial
[01:10:03.360 --> 01:10:09.120]  right and and was this magistrate the same magistrate that issued the warrant
[01:10:09.120 --> 01:10:11.920]  in the first place
[01:10:12.000 --> 01:10:14.320]  yes
[01:10:15.600 --> 01:10:22.880]  was that magistrate from another county that wait say that say that again it was
[01:10:22.880 --> 01:10:27.120]  a mad the magistrate that issued the warrant was from a different county
[01:10:27.120 --> 01:10:32.240]  than where the arrest took place and as far as i know
[01:10:32.240 --> 01:10:36.000]  they just grabbed him from one county and sucked him right into
[01:10:36.000 --> 01:10:40.320]  the county where the magistrate was that issued the war
[01:10:40.320 --> 01:10:43.600]  never taken okay okay they the county of okay
[01:10:43.600 --> 01:10:47.520]  magistrate and all that stuff okay they can do that
[01:10:47.520 --> 01:10:51.440]  they can do that um
[01:10:51.440 --> 01:10:58.240]  if they're considered more expeditious for them to get yeah
[01:10:58.400 --> 01:11:03.200]  right well this was this wasn't an arrest without a warrant this is where
[01:11:03.200 --> 01:11:07.600]  it rests with the war so it wasn't necessary for
[01:11:07.600 --> 01:11:11.360]  them to place him in jail in the foreign county so they just took him straight to
[01:11:11.360 --> 01:11:16.880]  the magistrate and issued the warrant that was proper okay and the magistrate
[01:11:16.880 --> 01:11:20.000]  held a the only thing that wasn't proper is
[01:11:20.000 --> 01:11:24.400]  they didn't issue the 1617 order
[01:11:25.760 --> 01:11:32.240]  but right that'll get him maybe four or five days of false imprisonment
[01:11:32.240 --> 01:11:38.480]  right that's what i'm thinking but i mean obviously the official
[01:11:38.480 --> 01:11:42.000]  examining trial never took place because if it did
[01:11:42.000 --> 01:11:46.560]  you'd have the uh you know the council for defense president you'd have the
[01:11:46.560 --> 01:11:50.560]  the after on the complaint the president
[01:11:50.560 --> 01:11:55.280]  you went to write we went right to the question i wanted to get to
[01:11:55.280 --> 01:11:58.720]  i wanted to know if this was a magistration
[01:11:58.720 --> 01:12:03.840]  or an examining trial and it sounds like they held what they call in a
[01:12:03.840 --> 01:12:08.560]  magistration and in the magistration they deny the accused of all of these
[01:12:08.560 --> 01:12:12.880]  rights in uh chapter 16
[01:12:12.880 --> 01:12:17.040]  so that'd give him a due process claim
[01:12:18.000 --> 01:12:21.920]  okay so that'd be you i remember you saying a long time long
[01:12:21.920 --> 01:12:27.360]  criminal complaints go first so yeah much much criminal complaint to the
[01:12:27.360 --> 01:12:31.440]  grand jury i'm just you know first time for me i
[01:12:31.440 --> 01:12:35.680]  think i'm up for the challenge but i just want to be super prepared
[01:12:35.680 --> 01:12:42.720]  okay keep in mind with this expect everybody to refuse
[01:12:42.720 --> 01:12:47.680]  to do what you ask them to do right and that's what i'm hoping for
[01:12:47.680 --> 01:12:55.360]  yeah good good this will protect you and it'll make them crazy
[01:12:55.360 --> 01:13:00.480]  because they expect you to get on a self-righteous high horse and start
[01:13:00.480 --> 01:13:07.200]  reading them the right act so they can then call you agitated
[01:13:07.200 --> 01:13:10.320]  but when you don't do any of that because they're doing what you want them
[01:13:10.320 --> 01:13:14.240]  to now they're looking at you thinking what
[01:13:14.240 --> 01:13:18.240]  does this guy know that i don't know
[01:13:18.240 --> 01:13:24.480]  and if you get anyone say anything to you
[01:13:24.480 --> 01:13:28.960]  like oh you have to be careful you can get in a lot of trouble
[01:13:28.960 --> 01:13:32.080]  what what do you do then
[01:13:32.400 --> 01:13:35.680]  oh man i've heard this
[01:13:35.680 --> 01:13:41.440]  now they're tampering with witness being me uh yeah 911
[01:13:41.440 --> 01:13:49.840]  exactly right 911 yeah no so my my relay question is you know
[01:13:49.840 --> 01:13:52.640]  ultimately the criminal charge against the jp is
[01:13:52.640 --> 01:13:56.320]  nothing more than a vehicle to try to get to the da to get criminal charges on
[01:13:56.320 --> 01:14:00.080]  him so exactly how does that play out when i'm
[01:14:00.080 --> 01:14:04.720]  in the grand jury and the da's there and you know if he just fought out tells me
[01:14:04.720 --> 01:14:08.560]  this is a nonsense get out of here then i got him right
[01:14:08.560 --> 01:14:13.760]  yep killing prosecution when he tells you this is nonsense get
[01:14:13.760 --> 01:14:17.520]  out of here okay just don't don't have one of these knuckle draggers
[01:14:17.520 --> 01:14:22.480]  shoot me over here yeah yeah refuses to even let me in the
[01:14:22.480 --> 01:14:26.000]  chambers or acknowledge my my oh no oh no you can't go in the
[01:14:26.000 --> 01:14:30.720]  chamber well well then how do i all all you can
[01:14:30.720 --> 01:14:35.120]  do is give notice to the grand jury you give your
[01:14:35.120 --> 01:14:38.480]  you take the documents you hand them to the former to the
[01:14:38.480 --> 01:14:44.960]  bailiff and tell the bailiff your name and
[01:14:44.960 --> 01:14:48.480]  i have business with the grand jury and he will
[01:14:48.480 --> 01:14:51.680]  generally say may i tell him the nature of the business
[01:14:51.680 --> 01:14:56.640]  and you say yes you can give him these and then you get out of there
[01:14:56.640 --> 01:15:01.360]  or you go out you tell the bailiff i will be out here in the lobby
[01:15:01.360 --> 01:15:05.040]  in case the grand jury decides to call me
[01:15:05.040 --> 01:15:13.360]  and then you walk out okay you have no standing to go before the grand jury
[01:15:13.360 --> 01:15:21.360]  unless the grand jury asks you to correct okay yeah that's okay um
[01:15:21.360 --> 01:15:25.360]  and the way to find out where the grand jury meets and when is to
[01:15:25.360 --> 01:15:31.680]  call the the county clerk and then the district clerk district clerk they're
[01:15:31.680 --> 01:15:34.480]  the ones you know and you got to fake them out you got to
[01:15:34.480 --> 01:15:38.560]  like tell them you're you know doing a college research
[01:15:38.560 --> 01:15:44.560]  paper on the history of grand juries or or or you can just oh what county is
[01:15:44.560 --> 01:15:46.800]  this
[01:15:48.720 --> 01:15:53.760]  victoria oh victoria how many grand juries did they have in victoria
[01:15:53.760 --> 01:15:58.960]  just one i have i'm pretty sure it's just one i have but i have no idea
[01:15:58.960 --> 01:16:03.360]  okay what one if they try to give you a hard time
[01:16:03.360 --> 01:16:10.640]  then go down and look in the the criminal court records look for the
[01:16:10.640 --> 01:16:16.320]  the latest indictments handed down and look at the dates
[01:16:17.120 --> 01:16:20.400]  you know look at a few of them and check the dates
[01:16:20.400 --> 01:16:24.080]  you know the real small counties the grand jury meets once a month like
[01:16:24.080 --> 01:16:26.960]  where i'm at they meet once a month once a month
[01:16:26.960 --> 01:16:29.840]  bigger counties they may meet twice a month
[01:16:29.840 --> 01:16:34.880]  uh they may meet once a week so you look at the indictments to see what the dates
[01:16:34.880 --> 01:16:40.240]  are and that'll tell you when they meet
[01:16:40.240 --> 01:16:45.360]  like here in wise county they always meet on a thursday
[01:16:45.360 --> 01:16:50.400]  so you can kind of figure out the days they're going to meet
[01:16:50.400 --> 01:16:56.240]  even if the clerk won't tell you yeah and then it's just a problem where
[01:16:56.240 --> 01:16:58.720]  they meet
[01:16:58.880 --> 01:17:03.920]  yeah that i love logos without the shows on this network i'd be almost as ignorant
[01:17:03.920 --> 01:17:06.240]  as my friends i'm so addicted to the truth now
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[01:17:13.760 --> 01:17:17.200]  volunteer as a show producer but i'm a bit of a luddite and i really don't have
[01:17:17.200 --> 01:17:20.320]  any money to give because i spend it all on supplements
[01:17:20.320 --> 01:17:24.560]  how can i help logos well i'm glad you asked whenever you order
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[01:17:54.800 --> 01:17:58.720]  perfect thank you so much you're welcome happy
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[01:18:54.960 --> 01:19:01.840]  visit us at capital coin and bullion.com or call 512-646-6440
[01:19:01.840 --> 01:19:09.200]  this is the Logos Logos radio network
[01:19:16.640 --> 01:19:21.360]  okay we are back Randy Kelton Ruhleveld radio and we're talking to
[01:19:21.360 --> 01:19:28.560]  Adam in Texas okay Adam uh sounds like you pretty well got the
[01:19:28.560 --> 01:19:34.000]  routine down but it's it's simple enough to find out
[01:19:34.000 --> 01:19:36.960]  where the grand jury meets you can come down there and pull that little song and
[01:19:36.960 --> 01:19:40.400]  dance thing and checking the record you can find
[01:19:40.400 --> 01:19:46.240]  out when they meet the last time i was in victoria i had a
[01:19:46.240 --> 01:19:50.880]  real good reception from the prosecuting attorney
[01:19:50.880 --> 01:19:55.760]  i gave him i asked him for all of the
[01:19:55.760 --> 01:20:03.840]  records that the grand that the prosecuting attorney held that are referenced in article 1730 code of criminal procedure.
[01:20:04.760 --> 01:20:12.240]  When this prosecutor said well mr kelton if you want to see those you have to give us a written request so i pulled one out of my case
[01:20:12.240 --> 01:20:20.320]  already had a 1730 request made up and i just filled in the dates and handed it to him from this day to this day.
[01:20:20.320 --> 01:20:36.240]  And signed it and hand it to him and he's standing here reading it then he looked down at me and then he reads some more he looks down at me and i said i bet you thought this was my first rodeo
[01:20:37.680 --> 01:20:46.000]  he looks back at the document looks back no mr kelton somehow somehow i get the idea this is not your first rodeo
[01:20:46.000 --> 01:20:54.320]  so he was pretty cool uh i didn't find any attitude but that was several years ago
[01:20:59.360 --> 01:21:06.400]  so are you still there adam yes sir i'm here okay so it sounds like you got the routine down
[01:21:08.560 --> 01:21:10.640]  and after you've ran at a time or two
[01:21:10.640 --> 01:21:14.480]  you'll become a force
[01:21:17.520 --> 01:21:24.000]  you'll probably get on the same list that i'm on in wise county it's i'm on the do not detain list
[01:21:28.000 --> 01:21:31.920]  the sheriff told his deputies you are not to stop him
[01:21:31.920 --> 01:21:43.040]  you are not to arrest him and whatever you do don't put that sob in my jail what i was just joking
[01:21:44.320 --> 01:21:49.040]  that'd be worth it that'd be worth it all but other than that you know it's it's i mean if they
[01:21:49.040 --> 01:21:53.920]  can just feel free to just skip whole chapters of the code of criminal procedure i mean something's
[01:21:53.920 --> 01:21:58.480]  got to be done about this especially people get accused all the time and i think people
[01:21:58.480 --> 01:22:04.640]  i think people have the right to be okay send me an email
[01:22:05.920 --> 01:22:12.720]  randy at randy at rueval radio.com and i will send you my argument on the
[01:22:16.640 --> 01:22:26.560]  the magistrate i mean on the examining trial on how examining trial you don't have a right to it
[01:22:26.560 --> 01:22:33.680]  you have a right to do process that's the one that i've had two judges
[01:22:35.840 --> 01:22:41.680]  they were both in highland park highland parks are really it's about the most expensive suburb
[01:22:41.680 --> 01:22:48.560]  in dallas so you got guys that are dealing with wealthy people all the time so they're
[01:22:48.560 --> 01:22:58.880]  a lot more amiable but both of these guys when i made this argument to them they both really got
[01:22:58.880 --> 01:23:04.720]  it one of them the first one said that you know when he said i didn't have a right to examining
[01:23:04.720 --> 01:23:09.360]  trial and i said well so what what's that got to do with anything you know that kind of took him
[01:23:09.360 --> 01:23:17.120]  aback i said uh you know he mentioned the prosecutor mentioned the case law i said yeah but
[01:23:17.120 --> 01:23:24.960]  i said yeah but that only refers to 601 that says you have a right to an examining trial
[01:23:24.960 --> 01:23:32.400]  before indictment that doesn't grant you a right to an examining trial it grants you the right to
[01:23:32.400 --> 01:23:42.000]  have one before indictment there is no right to an examining trial that's a statutory requirement
[01:23:42.000 --> 01:23:50.160]  on your part and what i do have a right to is the due course of the laws so if you fail to
[01:23:50.160 --> 01:23:55.520]  hold an examining trial you deny me in the due course of the laws and that i do have a right to
[01:23:57.280 --> 01:24:03.680]  and the judge said the first one said mr kelton i am a criminal attorney
[01:24:04.800 --> 01:24:09.840]  and we've been trying to get judges to give our clients examining trials and they refused based
[01:24:09.840 --> 01:24:21.040]  on this case law he said i could use this argument in my practice the second judge he got it as well
[01:24:22.160 --> 01:24:29.200]  we've got one in houston in the houston area outside of houston who the guy got my
[01:24:30.000 --> 01:24:37.840]  information off the ticket site filed all these documents the judge just blew them all off and
[01:24:37.840 --> 01:24:41.920]  he started filing criminal charges and judicial conduct complaints against the judge
[01:24:42.800 --> 01:24:49.280]  and then he got arrested for a different citation where he an older one where he hadn't shown up in
[01:24:49.280 --> 01:24:55.680]  court they took him to the judge and the judge said that he would this was an examining trial
[01:24:56.400 --> 01:25:04.400]  and he held one first time we've had one do that yeah so what what i'm thinking is
[01:25:04.400 --> 01:25:11.280]  these judges have been trained and indoctrinated by the prosecutors to think that you don't have
[01:25:11.280 --> 01:25:17.200]  a right to an examiner trial well this guy takes him to task on these issues and files
[01:25:17.200 --> 01:25:22.400]  judicial conduct complaints and criminal complaints against them and the judge went to
[01:25:22.400 --> 01:25:29.360]  the prosecutor and said okay show me the law show me the law that says that i don't have to
[01:25:29.360 --> 01:25:36.160]  hold an examining trial and the prosecutor couldn't do it so the judge didn't have to
[01:25:36.160 --> 01:25:43.040]  look for it to repeat it show me that law yeah so the judge said you know the law says i have to do
[01:25:43.040 --> 01:25:48.480]  this if you can't show me something else i'm going to follow law and he followed law i think
[01:25:48.480 --> 01:25:55.440]  i suspect we have a lot of judges that once it's clear this is what the law is they will follow it
[01:25:55.440 --> 01:26:04.480]  and i think we've got the right argument now to put them on the spot you know this judge is is
[01:26:04.480 --> 01:26:11.600]  almost certainly going to tell other judges what happened to him and that you know he said these
[01:26:11.600 --> 01:26:17.680]  guys are right they do have a right to the examining trial or i have a duty to hold one
[01:26:17.680 --> 01:26:24.320]  and we may have the crack in the cosmic egg here
[01:26:25.360 --> 01:26:32.160]  you go in and do the same thing to them in victoria and i got people i've got scott and
[01:26:32.160 --> 01:26:38.080]  dallas he's working them over with it up there uh we may get this to begin to catch on
[01:26:39.280 --> 01:26:43.040]  we get the examining trial back in the system it changes everything
[01:26:43.040 --> 01:26:48.640]  i think it'd be good to have it back in the system i think it's a very uh useful thing to
[01:26:48.640 --> 01:26:55.040]  have and you get to face your accusers and enter in the statement of yeah and this is what i told
[01:26:55.040 --> 01:27:01.680]  the judge you know i guess people calling into my show all the time and they were furious and all
[01:27:01.680 --> 01:27:12.000]  they wanted was to be heard yeah yeah and everybody just blew them off and said this is traffic this
[01:27:12.000 --> 01:27:17.760]  is such a low level at 90 of the public never have anything to do with the legal system except in
[01:27:17.760 --> 01:27:26.720]  traffic this is a perfect place to demonstrate how the system works and how it's fair and how
[01:27:26.720 --> 01:27:32.320]  they get through process and it wouldn't cost you any time to amount to anything your your real
[01:27:32.320 --> 01:27:40.160]  purpose is to offer them a deal so instead of doing what you've been doing bringing them in
[01:27:40.160 --> 01:27:44.800]  send them to the prosecutor you bring them in and say do you want to examine a trial or would you
[01:27:44.800 --> 01:27:49.600]  rather talk to the prosecutor and they say we want an exam in trial okay you hold an examiner trial
[01:27:50.480 --> 01:27:56.000]  and you find that you're going to be able to talk to the prosecutor and you're going to be able to
[01:27:56.000 --> 01:28:03.440]  and you find 99 of the time you're going to find probable cause now you say would you like to talk
[01:28:03.440 --> 01:28:08.880]  to prosecutor maybe we can work something out uh the guy will either talk to him or not but
[01:28:09.440 --> 01:28:15.600]  this gives them an opportunity to have the person feel like he's at least been heard
[01:28:15.600 --> 01:28:25.040]  and then once he's been heard the judge for judge he gets to follow law he gets to demonstrate to
[01:28:25.040 --> 01:28:30.560]  the public that the judge will listen to him and 99 of them are going to go ahead and make a deal
[01:28:30.560 --> 01:28:39.680]  and go to the house and the judge kind of got it and i think all we need is to overcome this bad
[01:28:39.680 --> 01:28:49.840]  training and our next shot and actually scott's working on this now is to go after t close because
[01:28:49.840 --> 01:28:56.960]  t close does the training scott's just filed 20 criminal complaints against the sergeant that's
[01:28:56.960 --> 01:29:04.320]  been sending them all these letters he files a t close complaint he gets a standard letter on all
[01:29:04.320 --> 01:29:10.400]  20 of them that tells him that the judge didn't look at that the officer didn't look at anything
[01:29:10.400 --> 01:29:17.520]  so now he's filing against the officer at t close that may force t close to change their training
[01:29:18.400 --> 01:29:24.080]  then we'll change everything hang on about to go to break this is randy kelton the rule of law radio
[01:29:24.080 --> 01:29:30.400]  and just for the record this is about the only time all night that i didn't run off the cliff
[01:29:30.400 --> 01:29:49.760]  that i didn't run off the cliff okay randy kelton wheel of law radio we'll be right back
[01:30:00.720 --> 01:30:05.760]  be careful what you tweet just ask jonathan hoster his complaint about a local grocery
[01:30:05.760 --> 01:30:11.120]  store sparked a national social media firestorm and nearly cost his job i'm dr catherine albrecht
[01:30:11.120 --> 01:30:15.760]  i'll be back in a moment with more on the cautionary tale of tweets gone wrong your
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[01:30:43.760 --> 01:30:49.120]  world's most private search engine when jonathan hoster found the local price chopper supermarket
[01:30:49.120 --> 01:30:54.720]  understocked he vented his frustrations on twitter the social media website but when price chopper pr
[01:30:54.720 --> 01:31:00.640]  employee amira setawayu read the tweet she demanded that hoster's employer syracuse university
[01:31:00.640 --> 01:31:05.600]  discipline him for daring to criticize her store from there it was all downhill a social media
[01:31:05.600 --> 01:31:10.880]  professor launched blog entries criticizing the store's bizarre response bloggers debated whether
[01:31:10.880 --> 01:31:15.280]  head should roll and protests were planned at price chopper stores price chopper finally
[01:31:15.280 --> 01:31:19.360]  apologized and the disaster died down but the outcome could have been quite different
[01:31:19.360 --> 01:31:25.040]  hoster could have lost his job and i'm wondering how setawayu kept hers i'm dr catherine albrecht
[01:31:25.040 --> 01:31:28.000]  more news and information at catherinealbrecht.com
[01:31:30.240 --> 01:31:35.760]  this is building seven a 47-story skyscraper that fell on the afternoon of september 11th
[01:31:35.760 --> 01:31:41.280]  the government says that fire brought it down however 1,500 architects and engineers concluded
[01:31:41.280 --> 01:31:45.760]  it was a controlled demolition over 6,000 of my fellow service members have given their lives
[01:31:45.760 --> 01:31:50.400]  thousands of my fellow first responders are dying i'm not a conspiracy theorist i'm a structural
[01:31:50.400 --> 01:31:54.720]  engineer new york city correction officer i'm an air force pilot i'm a father who lost his son
[01:31:54.720 --> 01:32:01.520]  we're americans and we deserve the truth go to rememberbuilding7.org today hey it's danny here
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[01:33:00.080 --> 01:33:12.400]  trails you are listening to the logos radio network logosradionetwork.com
[01:33:21.120 --> 01:33:27.200]  okay we are back randy kelton rueva radio and we're talking to adam in
[01:33:27.200 --> 01:33:32.480]  texas okay adam do we do you have any other questions or comments
[01:33:36.480 --> 01:33:42.560]  oops hold on to the green okay i'm sorry start over again i had you muted my bad
[01:33:43.840 --> 01:33:49.360]  when i when i take the criminal complaint against the jp no examining trial it's very simple
[01:33:49.360 --> 01:33:56.000]  it's just you know accusing him of denying the due process right to an individual who's not
[01:33:56.000 --> 01:34:00.800]  holding a gaming trial and no committing order and no finding probable cause when i take that to the
[01:34:03.120 --> 01:34:07.520]  grand jury and i hand it off to the bailiff and he disappears behind the door how do i know it
[01:34:07.520 --> 01:34:13.360]  ever actually got in front of the grand jury and therefore how could i ever get the dda to
[01:34:13.360 --> 01:34:21.920]  touch the sticky ball glad you asked that question they because there is no real way to tell if the
[01:34:21.920 --> 01:34:26.000]  grand jury heard it so what you do is you make up a cover letter
[01:34:28.320 --> 01:34:34.640]  and address to the foreman of the grand jury and you ask the grand jury form you tell the grand
[01:34:34.640 --> 01:34:40.720]  jury foreman that we sometimes have problems with prosecuting attorneys secreting criminal
[01:34:40.720 --> 01:34:46.160]  complaints from grand juries because the complaints are against public officials
[01:34:46.160 --> 01:34:53.520]  with whom the grand jury the prosecuting attorney works so therefore will you please
[01:34:53.520 --> 01:35:00.960]  initial this document and return it to me in the included stamp self-addressed envelope
[01:35:00.960 --> 01:35:10.640]  so that i will know that you actually received this presentment if you don't get the
[01:35:10.640 --> 01:35:19.280]  get that back within seven days after the grand jury meets then you have reasonable probable cause
[01:35:19.280 --> 01:35:25.600]  to believe that the bailiff secreted those complaints from the grand jury and you make
[01:35:25.600 --> 01:35:31.280]  up a complaint against the foreman of the grand jury and take it to the district judge
[01:35:31.280 --> 01:35:43.280]  and the dis day the grand the bailiff is going to have to come up with an affirmative defense and
[01:35:43.280 --> 01:35:52.560]  he's likely to say well i gave it to the prosecuting attorney yeah okay yeah and what do you do then
[01:35:52.560 --> 01:36:04.400]  uh will that be shielding 38.05 shouldn't prosecution on behalf of the da no charges
[01:36:05.520 --> 01:36:10.160]  3710 penal code tampered with the government document on part of the bailiff
[01:36:11.440 --> 01:36:19.680]  oh yeah that that was directed to the foreman of the grand jury not some jerk prosecutor yeah
[01:36:19.680 --> 01:36:25.280]  i missed that one the good one no every time i go back and listen to i got the seminar and
[01:36:26.000 --> 01:36:30.080]  i swear man every time i go back and listen to you i hear something different or i figure out
[01:36:30.080 --> 01:36:35.200]  something new because this stuff really is complicated but uh i'm getting my head around it
[01:36:35.920 --> 01:36:42.240]  um another once once you got your head wrapped around it you will be a force to be reckoned with
[01:36:42.240 --> 01:36:49.360]  well that's the goal and you you will like it it gets the only problem is you gotta be careful
[01:36:51.280 --> 01:36:57.040]  when you get to watch that little chicken dance they do you will get to enjoy that way too much
[01:36:58.720 --> 01:37:10.800]  oh my god um now a police officer or you know a dvs officer they take their complaints and you know
[01:37:10.800 --> 01:37:16.160]  and you know in in they're the affiants in their capacity as a private citizen they take their
[01:37:16.160 --> 01:37:21.280]  complaints straight to the district attorney i haven't found anywhere in law where it prevents
[01:37:21.280 --> 01:37:28.000]  me from taking a criminal complaint straight to a district attorney after all the cops do it so
[01:37:28.000 --> 01:37:35.920]  yeah there's nothing to prevent you from doing that and the prosecuting attorney is tacitly
[01:37:35.920 --> 01:37:46.080]  authorized to receive the complaint because 2.04 2.05 says that when a prosecuting attorney
[01:37:47.120 --> 01:37:54.240]  that uh let's see 2.04 requires a prosecuting attorney when he receives a complaint
[01:37:54.240 --> 01:38:01.520]  to reduce the point to complaint to an information 2.06 i'm sorry 2.05 requires him to
[01:38:01.520 --> 01:38:09.520]  forward the complaint and information to some magistrate or to the magistrate or to the court
[01:38:09.520 --> 01:38:14.400]  clerk of the court of jurisdiction right i have to go back and read those to get them
[01:38:14.400 --> 01:38:22.640]  exactly right so it says he can take it but he has to give it to the court and then whatever
[01:38:22.640 --> 01:38:25.120]  the court of jurisdiction is has to hold an examining trial
[01:38:25.120 --> 01:38:31.200]  right but so i'd rather go to the judge directly then i know he's got it and i can hold him
[01:38:31.200 --> 01:38:41.600]  responsible for it what would be easier to get after the da and get him to mess up take it to
[01:38:41.600 --> 01:38:49.040]  the grand jury or putting it right on his desk well i like i like to take it directly to grand
[01:38:49.040 --> 01:38:55.200]  jury and give it to the bailiff and the bailiff is going to go to the prosecutor and say what should
[01:38:55.200 --> 01:39:01.680]  i do is with this and the prosecutor is going to say well you should give it to me then you get to
[01:39:01.680 --> 01:39:10.720]  sting the bailiff and then get for chamber of the government document accusing him of hiding it from
[01:39:10.720 --> 01:39:20.000]  the grand jury and then his defense is he's going to throw the prosecuting attorney under the bus
[01:39:20.000 --> 01:39:25.280]  and you get to come after the prosecuting attorney with the blessing of the bailiff
[01:39:27.760 --> 01:39:32.720]  okay gotcha so you get a little bit more reward for going the extra mile through the grand jury
[01:39:33.680 --> 01:39:40.240]  yeah and you followed the direct procedure and they followed policy and they followed the
[01:39:40.240 --> 01:39:48.640]  policy which bypasses the direct procedure so you get a good shot at them okay well brandy
[01:39:48.640 --> 01:39:54.880]  i'll email you i appreciate it and uh i guess uh if scott's still listening i'd like to get with
[01:39:54.880 --> 01:40:01.760]  scott too i'm just i'm he's further up the ladder than am i am so i'll email you and i'll put that
[01:40:01.760 --> 01:40:07.280]  in there and i guess if scott wants to get in contact with me through email uh try to get that
[01:40:07.280 --> 01:40:17.200]  through too but uh okay go to the next caller okay thank you i'll get that to him okay now we're going
[01:40:17.200 --> 01:40:25.120]  to carl in oregon hello carl good evening randy it's me truth reader oh i kind of figured it was
[01:40:25.120 --> 01:40:31.760]  since it was oregon you must i thought i had put you to sleep with all of my eloquent oratory
[01:40:31.760 --> 01:40:39.040]  i have that effect on people a lot uh yes but it's it's all good as they say anyway no i guess
[01:40:39.040 --> 01:40:44.880]  i got i fell off the cliff too i guess and and i got disconnected on the first um on the first
[01:40:44.880 --> 01:40:52.240]  call so i'm calling on another phone so maybe this is a little bit better now i have a determination
[01:40:52.240 --> 01:40:57.520]  hearing coming up on november 27th concerning the case i was talking to you about and to catch you
[01:40:57.520 --> 01:41:01.840]  up to speed what i'm talking about is i was stopped by sheriff deputy a canine sergeant
[01:41:02.400 --> 01:41:07.040]  and he accosted me all the things there you know assault and all that kind of stuff he demanded
[01:41:07.040 --> 01:41:14.320]  physical id he wasn't having any bit of the speech uh to cut to the chase he he instructed me to get
[01:41:14.320 --> 01:41:19.120]  out of my truck turn around put my hands on my back said i was under arrest for driving while
[01:41:19.120 --> 01:41:24.400]  suspended which is clearly a civil infraction so he made an error thinking it was a criminal
[01:41:24.400 --> 01:41:29.360]  offense he thought he had a misdemeanor but it wound up being a civil infraction so he made an
[01:41:29.360 --> 01:41:34.800]  error and then he charged me doubly because he thought he had me arrested for already for a
[01:41:35.360 --> 01:41:44.320]  misdemeanor to failure to percent also as well on top of that so he used the uh driving while
[01:41:44.320 --> 01:41:50.560]  suspended charge thinking it was a misdemeanor in error to arrest me for not failing to percent
[01:41:50.560 --> 01:41:55.680]  and of course i was handcuffed i was told i was a mandatory transport to jail they took my truck
[01:41:55.680 --> 01:42:00.320]  and then after 45 minutes sitting in the back of his unit or the other assisting deputies unit
[01:42:00.320 --> 01:42:05.120]  after being berated and made fun of and all that sitting there in handcuffs in an uncomfortable
[01:42:05.120 --> 01:42:09.280]  position in the back of the cage they said oh well we're just going to cut you loose here with a with
[01:42:09.280 --> 01:42:14.480]  a you know catch your break today and just give you a ticket because we can't transport you right
[01:42:14.480 --> 01:42:20.640]  now i'm i'm a canine unit and the other two two officers have to go out to you know other calls
[01:42:20.640 --> 01:42:24.320]  and they're backed up and we're just gonna let you go home but we're taking a truck we're in
[01:42:24.320 --> 01:42:29.920]  bounty truck okay so i'm suing for all of those things i'm thinking about going title 42 but i
[01:42:29.920 --> 01:42:34.320]  already have a generalized lawsuit going through and what it is i didn't categorize what it is
[01:42:34.320 --> 01:42:39.040]  exactly but i'm going through the circuit court and it's a you know of course this is my first
[01:42:39.040 --> 01:42:44.560]  rodeo i don't like doing this but this is something i have to do to protect myself and then protect
[01:42:44.560 --> 01:42:51.360]  the person behind me okay so this is an action that is that is my duty because i i served in the
[01:42:51.360 --> 01:43:00.080]  military at one point so it is a duty when the constitution is being is being um taken down and
[01:43:00.080 --> 01:43:06.080]  being you swore on your oath that you would protect this country from all enemies foreign
[01:43:06.080 --> 01:43:11.360]  and domestic and then here we are you know this is a this is an attack you know i never thought
[01:43:11.360 --> 01:43:19.440]  i'd have to do so but when i when i when i mustered out i was informed that that oath was a lifetime
[01:43:19.440 --> 01:43:28.080]  oath so you're still bound that's correct that's correct so i have to act on this i don't want to
[01:43:28.080 --> 01:43:36.160]  but i have to so everything's done and what they said is anyway i i hear the break coming up but
[01:43:36.160 --> 01:43:40.160]  i'll get back to you on the other side but what's going on is that they'd send a response and then
[01:43:40.160 --> 01:43:43.520]  i also have a hearing coming up too so i just want to talk to you a little bit of advice on that on
[01:43:43.520 --> 01:43:50.880]  the other side okay this is randy kelton wheel of law radio um it's the last segment so i won't give
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[01:46:15.840 --> 01:46:23.440]  okay we are back randy kelton rule of law radio and we're talking to truth and oregon and truth
[01:46:23.440 --> 01:46:32.400]  you framed that precisely the way it should be framed you're not doing this because you want to
[01:46:32.400 --> 01:46:41.360]  it is your job and taking taking it from that perspective that will make you far more difficult
[01:46:41.360 --> 01:46:49.440]  to deal with i sure hope so more difficult is for them the more fun i'm gonna have
[01:46:49.440 --> 01:46:56.560]  they say that but there's there's nothing that says your job can't be fun oh i was going to ask
[01:46:57.680 --> 01:47:10.160]  yes the of official misconduct okay the officer stopped you yep and he arrested you for something
[01:47:10.160 --> 01:47:17.200]  that he didn't have authority to arrest you for and you submitted to that arrest because he was
[01:47:17.200 --> 01:47:25.920]  prominently displaying a deadly weapon correct what what does oregon law say about aggravated
[01:47:25.920 --> 01:47:32.240]  assault that's what i have to find out it's very difficult to find anything uh go through the
[01:47:32.240 --> 01:47:38.960]  statute that just goes on forever and ever technical legalese and i i haven't even got to
[01:47:38.960 --> 01:47:43.840]  that section yet but i what i've done is i've written this up on the fly it just basically
[01:47:43.840 --> 01:47:49.280]  writing it without using a statutory code for that but i'm alleging that in accounts
[01:47:49.840 --> 01:47:55.840]  that it is that it is a aggravated assault uh in my accounts i have at least five of them against
[01:47:55.840 --> 01:48:02.560]  the officer that i wrote in the framework on on the cover sheet of my suit and in the petitionary
[01:48:02.560 --> 01:48:07.840]  form it says the petition for litigation for recovery and cure for damages requests so i
[01:48:07.840 --> 01:48:12.480]  didn't write in a particular code what it says for that and i try to ask around months later
[01:48:12.480 --> 01:48:17.120]  i try to ask around months and months ago and i can't give anybody i call the district attorney
[01:48:17.120 --> 01:48:21.600]  i call everyone and nobody has any answers for that i have to go research that in a legal library
[01:48:21.600 --> 01:48:28.320]  somewhere i go to the legal library it's shut down for repairs and remodeling you know it's
[01:48:28.320 --> 01:48:32.800]  just frustration so you know i go online and i look and it doesn't really it doesn't pull up
[01:48:32.800 --> 01:48:38.320]  anything for me there either as well as far as the code number for okay o o o o o o o o o o o o o
[01:48:38.320 --> 01:48:48.640]  oregon revised statute 163.160 assault in the fourth degree okay let me write that a person
[01:48:48.640 --> 01:48:56.160]  a person commits the crime of assault in the fourth degree if the person intentionally knowingly
[01:48:56.160 --> 01:49:03.920]  or recklessly causes physical injury to another or with criminal negligence causes physical injury
[01:49:03.920 --> 01:49:10.880]  to another by means of deadly weapon assault in the okay we need to look at assault in the third
[01:49:10.880 --> 01:49:16.080]  degree right right it wasn't within me but it was just negligence and it was just what you
[01:49:16.080 --> 01:49:21.200]  call color of law you know abuse of power that's what i'm that's what i'm putting in my complaint
[01:49:21.760 --> 01:49:30.160]  is uh under under 18 usc 241 and 242 that's examples what's going on i'm gonna try for a
[01:49:30.160 --> 01:49:36.320]  title 42 usc a title 42 suit if they throw this out i mean if they wind up throwing it out i'm
[01:49:36.320 --> 01:49:46.240]  going to appeal and i'm just going to go for title 42 well that'll work the process of going
[01:49:46.240 --> 01:49:55.520]  through this you'll have them screw up more stuff so when you get to the title 42 you might be
[01:49:55.520 --> 01:50:05.600]  looking at something closer to a rico suit yeah predicate acts in furtherance of an ongoing
[01:50:05.600 --> 01:50:16.560]  criminal conspiracy if their behavior appears to be well orchestrated that indicates rico
[01:50:18.080 --> 01:50:23.840]  so in suing them in the state you'll give them opportunity to give you more grounds to go after
[01:50:23.840 --> 01:50:30.000]  them in the fed sure sure i mean i i can't prove it but my my gut discernment tells me that it was
[01:50:30.000 --> 01:50:36.320]  uh he was profiling you know the he thought he was gonna get you know get somebody who was a
[01:50:36.320 --> 01:50:41.520]  little bit poor you know can't afford and probably doesn't the reason why my tags come up uh being
[01:50:41.520 --> 01:50:46.080]  suspended or not having insurance because i'm probably i'm a drug dealer or not really a drug
[01:50:46.080 --> 01:50:52.480]  dealer but a drug user or something like that he probably thought that he got somebody you know
[01:50:52.480 --> 01:50:58.640]  you know it definitely seemed like profiling to me so this is this is perfect you take him to task
[01:50:58.640 --> 01:51:08.720]  and wind this clock right right have you have you looked up the uh licensing agency for police
[01:51:08.720 --> 01:51:18.160]  officers or peace officers in oregon yeah uh what what it is is these yeah it's an acronym for it
[01:51:18.160 --> 01:51:25.200]  but it's a standards and training for oregon as a department dpsst department of standards
[01:51:26.240 --> 01:51:31.120]  and uh what is it called police standards and safety training or something like that
[01:51:31.120 --> 01:51:40.560]  was called dpsst that's the the licensing and have you been able to find a complaint form for this
[01:51:40.560 --> 01:51:51.040]  agency uh no i i didn't do that and i haven't i haven't done a background or or a search on this
[01:51:51.040 --> 01:51:56.560]  particular officer to see if he's got a record a long record of complaints on his um you know
[01:51:56.560 --> 01:52:03.440]  on his profile or not i don't know that for sure at the moment i if um if that's what you're asking
[01:52:03.440 --> 01:52:08.640]  me uh about that no i haven't done it no where i was going is you filed a professional conduct
[01:52:08.640 --> 01:52:17.600]  complaint against him because that affects his ability to be insured okay right okay well well
[01:52:17.600 --> 01:52:26.400]  it's kind of like filing a bar grievance against a uh right lawyer right right exactly well this
[01:52:26.400 --> 01:52:31.600]  is what i got randy and i was talking to you very briefly about it the other day i got a response
[01:52:31.600 --> 01:52:36.400]  and this guy this officer he's a sergeant so he probably makes anywhere between sixty to eighty
[01:52:36.400 --> 01:52:42.800]  thousand dollars a year minimum salary per year but he went to the county there was a cover sheet
[01:52:42.800 --> 01:52:47.600]  on this thing here he comes from like a county i just find the top sheet here it's called here it
[01:52:47.600 --> 01:52:56.240]  is it's called a office of county council and he got a paralegal to help him out some ladies and
[01:52:56.240 --> 01:53:03.520]  paralegal and in the in what they did is they put a counter suit type of structure is what it looks
[01:53:03.520 --> 01:53:09.040]  like looks like the same as mine except it's theirs and they're trying to dismiss it under
[01:53:10.000 --> 01:53:17.280]  uh o-r-c-p-21-a-8 motion to dismiss or something so the code is and they're saying that my case is
[01:53:17.280 --> 01:53:23.040]  baseless i didn't indicate a lot of things in here everything things are missing things are erroneous
[01:53:23.040 --> 01:53:29.120]  and then i referred to the constitution under section nine which is of course similar to the
[01:53:29.120 --> 01:53:35.600]  fourth amendment and the fourth amendment is the same as against unlawful seizure and and uh
[01:53:35.600 --> 01:53:40.480]  search the seizure and i said that's long since been flawed that's the type of things in my
[01:53:40.480 --> 01:53:45.920]  defense that has no merit to it and my cases are baseless that i'm not listening to the officer
[01:53:45.920 --> 01:53:52.560]  and the officer is immune because in his duties uh in performing the if he did what he felt was
[01:53:52.560 --> 01:53:57.680]  right in in the field out there then the officer is entitled to immunity of any you know any
[01:53:57.680 --> 01:54:01.520]  lawsuit and all this kind of nonsense that's what it says in the body of their answer that
[01:54:01.520 --> 01:54:07.600]  they're their particular complaint then they're going to have a hearing on it it says at the top
[01:54:07.600 --> 01:54:12.240]  it says that the you know the sentence doesn't mean the time no wait a minute you're saying
[01:54:13.600 --> 01:54:22.880]  you're saying that he had someone answer that wasn't a lawyer paralegal paralegal
[01:54:22.880 --> 01:54:30.880]  can a paralegal represent someone in oregon that i don't know it says has it has the name
[01:54:31.520 --> 01:54:39.120]  of the lady and she's the assistant county council or somebody the name is k pearson paralegal to
[01:54:39.120 --> 01:54:46.000]  alexander gordon assistant county council and this is from like the the government county building
[01:54:46.000 --> 01:54:50.960]  and this is the office of county council public services building that's what that is what they
[01:54:50.960 --> 01:54:58.560]  think it's fine that's what it is county council's what he used oh this is good follow bar grievance
[01:54:58.560 --> 01:55:07.760]  against that council for filing a frivolous pleading oh okay there was pleading for actually
[01:55:07.760 --> 01:55:18.000]  have to research okay since the paralegal signed it you might file a grievance against the lawyer
[01:55:18.000 --> 01:55:27.840]  against the lawyer for uh acting in concert and collusion with the paralegal to hold oneself out
[01:55:27.840 --> 01:55:37.120]  as a lawyer when they weren't a lawyer i'm not sure in uh taxes we have a uh illegal practice
[01:55:37.120 --> 01:55:44.240]  of law statute i'm sure you've got something similar sure the lawyer didn't sign this the
[01:55:44.240 --> 01:55:49.920]  paralegal did so the lawyer you file a bar grievance the lawyer will have to show how
[01:55:49.920 --> 01:55:56.400]  he can authorize a paralegal to write and file a document in his behalf that should get interesting
[01:55:57.520 --> 01:56:02.320]  i'm reading that correctly sincerely in her handwriting k peterson her handwriting
[01:56:02.320 --> 01:56:07.120]  her signature uh paralegal to alexander gordon assistant county council
[01:56:07.120 --> 01:56:19.040]  that's she's not a lawyer and she's representing this police officer this is great now there may
[01:56:19.040 --> 01:56:27.680]  there may be a provision in oregon law that allows that but you force them to respond to the
[01:56:27.680 --> 01:56:36.640]  bar association anyway and it'll sting this lawyer about practice insurance no matter what so i can
[01:56:36.640 --> 01:56:45.920]  bar i can bar grieve the guy uh let's see both her and this alexander gordon assistant council
[01:56:45.920 --> 01:56:56.640]  yes do paralegals in oregon have to be licensed okay i don't know that if if they do then you
[01:56:57.200 --> 01:57:06.000]  file against her license file a complaint against the paralegal with the licensing board right and
[01:57:06.000 --> 01:57:12.400]  what it is it says it's utcr 5.0 statement and you know this is it'll only take them 30 minutes
[01:57:12.400 --> 01:57:17.840]  to tell their side of the story and dismiss the case that's what they say it's just that my case
[01:57:17.840 --> 01:57:26.160]  is a frivolous case and they're filing a motion to dismiss under orcp 21a uh in parentheses eight it
[01:57:26.160 --> 01:57:34.000]  says i don't know i guess it's a paragraph eight okay generally a motion to dismiss triggers the
[01:57:34.000 --> 01:57:41.440]  right to file a amended pleading without using up one of your amended pleadings so you might
[01:57:41.440 --> 01:57:53.680]  look closely at it and i like to respond with the council's arguments are well of the how did i put
[01:57:53.680 --> 01:58:01.920]  it the a well taken so in response i'm filing this amended pleading and you take all the arguments
[01:58:01.920 --> 01:58:09.600]  they made and you address them in your me an amended pleading and refile okay okay all right
[01:58:09.600 --> 01:58:14.720]  all right now i have this notice it's on um notice the scheduled court appearance of which is going
[01:58:14.720 --> 01:58:20.640]  to be the hearing uh on this to determine that if the if the case is legitimate quickly 30 seconds
[01:58:22.000 --> 01:58:29.440]  yeah yeah it's a little bit of advice on that uh it's dated 11 27 at 9 a.m so a little advice
[01:58:29.440 --> 01:58:35.200]  a little advice on what i should do because that that's um okay wait wait we're out of time send
[01:58:35.200 --> 01:58:40.800]  me an email and we'll address this through email randy kelton the rule of law radio thank you all
[01:58:40.800 --> 01:58:42.720]  for listening and good night
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