ROL_2017-11-17_16k_Hr3-4.timecode

[00:00.000 --> 00:05.920]  The following news flash is brought to you by The Lone Star Lowdown, providing the jelly
[00:05.920 --> 00:08.520]  bulletins for the commodities market.
[00:08.520 --> 00:21.520]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.520 --> 00:28.760]  Markets for Wednesday 15th November 2017 close with gold at $1278.33 an ounce, silver $17
[00:28.760 --> 00:37.320]  an ounce, Texas Crude $55.70 a barrel, Bitcoin is about $7,295 and Dashcoin is about $421
[00:37.320 --> 00:43.760]  U.S. fiat.
[00:43.760 --> 00:48.200]  Today in history, the year 1920, the first assembly of the League of Nations is held
[00:48.200 --> 00:54.600]  in Geneva, Switzerland, today in history.
[00:54.600 --> 00:59.440]  In a recent news, in a statement almost in parody of the popular TV series Game of Thrones,
[00:59.440 --> 01:05.200]  24-year-old Suyash Dixit, a man from central India and CEO of the Indian-based technology
[01:05.200 --> 01:11.000]  company Softinator, proclaimed, I, Suyash Dixit, first of my name and the protector
[01:11.000 --> 01:16.680]  of the realm, declare myself as the king of the kingdom of Dixit, I declare this unclaimed
[01:16.680 --> 01:22.200]  land of beer, towel, as my country from now to eternity of time, I pledge to continue
[01:22.200 --> 01:26.720]  to work for the prosperity of my people, of the country of this motherland.
[01:26.720 --> 01:32.040]  In effect, Lane claimed to an 800 square mile strip of land known as Baratawil that
[01:32.040 --> 01:37.080]  has been described as the only place on earth that is habitable but not claimed by any government.
[01:37.080 --> 01:41.360]  Dixit explained that, quote, following the early civilization ethics and rule, if you
[01:41.360 --> 01:45.840]  want to claim a land, then you need to grow crops on it, I've added a seed and poured
[01:45.840 --> 01:48.680]  some water on it today, it is mine.
[01:48.680 --> 01:52.160]  Dixit plans to govern the kingdom online where potential citizens can apply for some
[01:52.160 --> 01:54.360]  citizenship or a position in government.
[01:54.360 --> 02:00.120]  The United Nations has four criteria for statehood, a permanent population, a defined territory,
[02:00.120 --> 02:03.680]  a government, and the ability to enter into relations with another state.
[02:03.680 --> 02:06.880]  It appears that the kingdom of Dixit has all but the first.
[02:06.880 --> 02:10.280]  The spontaneous rise of sovereign state seems to be a growing trend.
[02:10.280 --> 02:14.400]  For example, in 2015, a libertarian activist from the Czech Republic established the Free
[02:14.400 --> 02:19.240]  Republic of Liberland on a disputed territory between Siberia and Croatia.
[02:19.240 --> 02:28.440]  Thousands of people have allegedly already filed application for the new kingdom of Dixit.
[02:28.440 --> 02:32.480]  Viewing conditions for the annual and limited media showers should be at their best late
[02:32.480 --> 02:36.400]  into the 17th and early in the morning, hours of the 18th.
[02:36.400 --> 02:41.200]  All workers away from city lights should expect to see anywhere from 10 to 25 meteors an hour.
[02:41.200 --> 02:45.600]  The showers named after the constellation Leo, the lion, because they seem to emanate
[02:45.600 --> 02:47.360]  from that region in the sky.
[02:47.360 --> 02:50.360]  This is the northeastern part of the horizon.
[02:50.360 --> 03:09.360]  This is Ruth Groty with your lowdown for November 15, 2017.
[03:09.360 --> 03:32.880]  Okay, we are back, Randy Kelton, Ruth of Low Radio, and we're talking to David in South
[03:32.880 --> 03:33.880]  Dakota.
[03:33.880 --> 03:44.640]  And anyway, I was glad you gave me the opportunity to talk about this electronic lawyer.
[03:44.640 --> 03:48.320]  It's finally coming online after 10 years.
[03:48.320 --> 03:54.040]  And in the coming weeks, we will be implementing these tools.
[03:54.040 --> 03:59.760]  Right now, I have one almost finished for that first appearance, then the next one will
[03:59.760 --> 04:08.160]  be for the second appearance or the appearance before a lawyer or for a prosecutor.
[04:08.160 --> 04:16.600]  Okay, and that'll be great fun because it's illegal.
[04:16.600 --> 04:29.120]  In Texas, you can't call someone to an arraignment hearing unless it is a felony or a misdemeanor
[04:29.120 --> 04:31.760]  punishable by imprisonment.
[04:31.760 --> 04:39.640]  26.01, Texas Code of Criminal Procedure, Chapter 26, Arraignments.
[04:39.640 --> 04:50.160]  First statute told the courts you can only hold an arraignment in a class B or above
[04:50.160 --> 04:51.160]  allegation.
[04:51.160 --> 04:56.280]  Now, the legislature went to special trouble to do that.
[04:56.280 --> 04:59.920]  And they did that first.
[04:59.920 --> 05:06.440]  Now 28.01 lists all of the things you can order someone to come to court for.
[05:06.440 --> 05:09.880]  The first one is an arraignment.
[05:09.880 --> 05:14.480]  Then all the rest of them go to motions of pleadings that are filed in the court.
[05:14.480 --> 05:20.000]  So if you get a ticket, there are no motions of pleadings filed in the court, and it's
[05:20.000 --> 05:22.000]  class C misdemeanor.
[05:22.000 --> 05:30.320]  Right, so the only thing, I'm sorry, is one other thing they can summon you to court
[05:30.320 --> 05:34.120]  for, and that's trial on the merits.
[05:34.120 --> 05:38.480]  So motion hearings are trial on the merit or an arraignment.
[05:38.480 --> 05:44.040]  Yeah, yeah, and that's what they can order you to court for.
[05:44.040 --> 05:48.880]  But if it's a class C misdemeanor, they can't order you to court for an arraignment.
[05:48.880 --> 05:55.840]  And that's the only way they're bringing you to court to make a deal with the prosecutor.
[05:55.840 --> 06:03.760]  And what I'm saying is, bring them to court and hold an examining trial, or at least
[06:03.760 --> 06:10.720]  offer to hold an examining trial, and then explain their rights and what will happen
[06:10.720 --> 06:12.920]  in an examining trial.
[06:12.920 --> 06:17.240]  Or if you want, you can talk to this prosecutor here and maybe y'all can make a deal so they
[06:17.240 --> 06:22.400]  could get to the same place, but they would be within law.
[06:22.400 --> 06:25.160]  It should be legal.
[06:25.160 --> 06:26.160]  Exactly.
[06:26.160 --> 06:29.760]  And I'm trying to get them to make it legal.
[06:29.760 --> 06:31.920]  And I explained this to this judge.
[06:31.920 --> 06:38.120]  I said, look, can I have all these people calling to my show and complaining about these issues?
[06:38.120 --> 06:46.840]  And what I find is, for the most part, the person wants to be heard.
[06:46.840 --> 06:53.400]  He wants to know that the courts listen and pay attention to what they said.
[06:53.400 --> 06:57.440]  That's what the problem is about.
[06:57.440 --> 06:58.440]  This could be heard.
[06:58.440 --> 07:02.760]  And then from that, maybe he releases you and maybe he doesn't.
[07:02.760 --> 07:09.400]  But at least you've had your time to say something about your side of the picture.
[07:09.400 --> 07:10.400]  Yeah.
[07:10.400 --> 07:15.040]  That would eliminate 90% of this animosity.
[07:15.040 --> 07:21.000]  And it would also put the courts in a somewhat different position so they wouldn't be quite
[07:21.000 --> 07:28.280]  so arrogant toward us because they'd have to listen to both sides, the cop and the accused.
[07:28.280 --> 07:34.720]  And what sounds like a righteous ticket when the cop says it, when the other side tells
[07:34.720 --> 07:40.040]  their side of the story, doesn't always sound so righteous, like in this case in Houston
[07:40.040 --> 07:42.040]  where they dismiss two cases.
[07:42.040 --> 07:47.720]  When I asked the prosecuting attorney, this is a district attorney in Wise County, would
[07:47.720 --> 07:53.560]  you have any problem with magistrates, with a policeman when he arrests someone to take
[07:53.560 --> 07:56.720]  a person directly to a magistrate for an examining trial?
[07:56.720 --> 07:59.800]  And he said, I'd have no problem at all.
[07:59.800 --> 08:05.360]  That'll eliminate a lot of garbage I wouldn't have to deal with.
[08:05.360 --> 08:10.040]  Eliminate a lot of people going to jail unnecessarily.
[08:10.040 --> 08:14.920]  The whole system would benefit.
[08:14.920 --> 08:15.920]  We're working on it.
[08:15.920 --> 08:17.880]  Now, we've got the vehicle.
[08:17.880 --> 08:24.200]  We start inundating these guys with criminal complaints, bar grievances, juicer-condo complaints
[08:24.200 --> 08:26.400]  and just wreak havoc on them.
[08:26.400 --> 08:33.760]  Then they're going to have to back up and regroup and say, how can we do this so that
[08:33.760 --> 08:36.160]  we don't have these problems?
[08:36.160 --> 08:44.160]  How can we keep that client, that defendant from filing a bar grievance against the prosecutor
[08:44.160 --> 08:48.680]  or juicer-condo complaint against the judge, that none of them we can do to them if they
[08:48.680 --> 08:52.840]  do that, or criminal charges against us?
[08:52.840 --> 08:57.680]  What can we do to keep them from doing that?
[08:57.680 --> 09:00.040]  That way they will fix the system themselves.
[09:00.040 --> 09:07.600]  Let me ask you this question, Randy, if you have no examining trial and you only have
[09:07.600 --> 09:16.720]  a Class C misdemeanor, does the court that finally hears your case still have jurisdiction?
[09:16.720 --> 09:28.920]  The way I read the code, 16.17 says, after an examining trial, the court must enter
[09:28.920 --> 09:36.440]  an order stating whether the person was released at their liberty, bound to the court, released
[09:36.440 --> 09:40.080]  on bail, or remanded to the jail.
[09:40.080 --> 09:44.160]  Then he must seal up all documents had in the hearing because his name to be written
[09:44.160 --> 09:51.520]  across sealed the envelope before the court jurisdiction, the 17.30.
[09:51.520 --> 09:56.320]  Well I look in the court record and I don't see a 16.17 order.
[09:56.320 --> 10:08.560]  16.17 says paragraph A is to have to enter this order and then seal it up and send it
[10:08.560 --> 10:13.440]  to the clerk of the court.
[10:13.440 --> 10:21.760]  Paragraph B says if no order is entered in the court within 48 hours, the accused has
[10:21.760 --> 10:27.040]  a right to a finding of no probable cause.
[10:27.040 --> 10:34.880]  Okay, back to my original question, if it's a finding of no probable cause, does that
[10:34.880 --> 10:39.440]  remove any jurisdiction from the court that would hear that case?
[10:39.440 --> 10:40.840]  Yes, yes, it's over.
[10:40.840 --> 10:48.960]  It's going to take away the judge's exemption and he's liable for a lawsuit right there.
[10:48.960 --> 10:49.960]  No.
[10:49.960 --> 10:56.720]  No, no, it doesn't take away subject matter jurisdiction.
[10:56.720 --> 11:00.800]  It takes jurisdiction but not subject matter jurisdiction.
[11:00.800 --> 11:12.560]  Well, it takes away in personum, the judge, based on the complaint, the complaint can
[11:12.560 --> 11:19.360]  invoke the subject matter jurisdiction of the court, but a lack of finding of probable
[11:19.360 --> 11:26.120]  cause would cause the court to lose in personum jurisdiction over the person of the individual.
[11:26.120 --> 11:27.120]  Over the individual.
[11:27.120 --> 11:28.120]  Right.
[11:28.120 --> 11:36.720]  So the judge wouldn't have any right to have a case in his instance from that point forward,
[11:36.720 --> 11:37.720]  would he?
[11:37.720 --> 11:38.720]  Right.
[11:38.720 --> 11:47.960]  He would still be a judge that handled this kind of issue and the complaint when filed
[11:47.960 --> 11:56.920]  can be complete in accordance with law and grant the magistrate subject matter jurisdiction.
[11:56.920 --> 12:02.680]  Then the magistrate must hold an examining trial and issue an order in order to move
[12:02.680 --> 12:06.760]  the jurisdiction from the magistrate court to the trial court.
[12:06.760 --> 12:11.880]  Through the trial court, okay, I got it.
[12:11.880 --> 12:16.920]  I had another question, what's the, you have another show on a different channel.
[12:16.920 --> 12:19.040]  What day of the week is that?
[12:19.040 --> 12:24.600]  That's Monday, Monday at 8 o'clock, it's a truth radio network.
[12:24.600 --> 12:31.080]  Monday at 8 p.m. truth radio, okay, truth, truth.
[12:31.080 --> 12:33.720]  I do the show with master pastor.
[12:33.720 --> 12:34.720]  Master?
[12:34.720 --> 12:40.960]  That's pastor, pastor, master, I call him master pastor because he has control issues.
[12:40.960 --> 12:51.240]  It annoys him when I do this.
[12:51.240 --> 12:58.560]  When it gets really cold up in the anorondacks, generally about February, I'll call him and
[12:58.560 --> 13:06.280]  tell him that pastor, I was out mowing the yard this morning and I thought of you.
[13:06.280 --> 13:09.640]  He always says the same thing.
[13:09.640 --> 13:13.240]  That's why nobody likes you.
[13:13.240 --> 13:19.160]  Okay, I need to move on, I've got a whole board full of callers.
[13:19.160 --> 13:24.800]  Randy, it's been my pleasure to speak with you again as you're up way up here where it's
[13:24.800 --> 13:25.800]  cold.
[13:25.800 --> 13:26.800]  We'll come by and see me.
[13:26.800 --> 13:29.760]  Alrighty, and don't be a stranger.
[13:29.760 --> 13:35.680]  Okay, now we're going to John in New York.
[13:35.680 --> 13:37.200]  Hello, John.
[13:37.200 --> 13:39.800]  What do you have for us today?
[13:39.800 --> 13:41.800]  Hi, hi, Randy.
[13:41.800 --> 13:44.800]  Thank you very much for taking my call.
[13:44.800 --> 13:50.720]  We've got a problem and I have sent you an email earlier today.
[13:50.720 --> 13:54.920]  I hope maybe you didn't have time to refer to it.
[13:54.920 --> 13:56.920]  No, I didn't.
[13:56.920 --> 14:00.320]  Okay, I'll fill you in.
[14:00.320 --> 14:03.720]  Here's the way it goes.
[14:03.720 --> 14:07.160]  I'll do the short version first.
[14:07.160 --> 14:13.640]  A relative got a ticket in New York State from a state policeman for unsafe backing.
[14:13.640 --> 14:17.480]  The defendant requested a deposition in writing.
[14:17.480 --> 14:20.240]  He never got it.
[14:20.240 --> 14:21.840]  So that's the short form.
[14:21.840 --> 14:27.400]  Now I'll quickly go through and you'll see why I've got to go through a slightly longer
[14:27.400 --> 14:34.240]  form because he's got two addresses.
[14:34.240 --> 14:37.160]  Here we go.
[14:37.160 --> 14:45.360]  Let me get my thing here.
[14:45.360 --> 14:46.360]  Unsafe backing.
[14:46.360 --> 14:47.360]  All right, here we go.
[14:47.360 --> 14:50.360]  Give me a second and we'll take off.
[14:50.360 --> 14:55.120]  A relative got a ticket in New York State from a state policeman for unsafe backing.
[14:55.120 --> 14:57.920]  He requested a deposition early on.
[14:57.920 --> 15:04.080]  New York State says the defendant must receive that deposition within 30 days and receive
[15:04.080 --> 15:07.280]  it at least five days before the hearing.
[15:07.280 --> 15:08.880]  The defendant never got it.
[15:08.880 --> 15:13.920]  When the cop gave him the ticket, the defendant told the cop his mailing address is a P.O.
[15:13.920 --> 15:17.760]  box in a town about 15 miles away.
[15:17.760 --> 15:24.320]  His physical home has not had a mail delivery in over 10 years and the physical home has
[15:24.320 --> 15:30.840]  not had a mail box in over 10 years and the village post office knows this very well.
[15:30.840 --> 15:37.360]  The DMV recognizes the P.O. box of the defendant and sends his mail to that P.O. box in that
[15:37.360 --> 15:43.240]  other town and the village court even recognizes, and I'll say that again, even the village
[15:43.240 --> 15:50.040]  court and the judge that he went before even recognizes that that P.O. box is his mailing
[15:50.040 --> 15:55.520]  address and always sends the defendant's mail to the defendant many times a year in
[15:55.520 --> 16:00.560]  his landlord's tenant cases, because he's a landlord, to that P.O. box.
[16:00.560 --> 16:05.440]  When the deposition got delivered to the physical home address, it went right back, returned
[16:05.440 --> 16:11.240]  to sender to the police station it had to have, because it wasn't at the house.
[16:11.240 --> 16:17.760]  He couldn't find it, so the police knew they never got it into the defendant's hands and
[16:17.760 --> 16:20.120]  never made an attempt to correct it.
[16:20.120 --> 16:25.960]  The defendant, at my relative's hearing the other day, told all this to the judge and
[16:25.960 --> 16:30.280]  all the judge kept repeating ones that the police sent the deposition and satisfied the
[16:30.280 --> 16:33.120]  requirements, that's his address.
[16:33.120 --> 16:35.600]  The judge kept repeating that over and over.
[16:35.600 --> 16:38.040]  Now on his New York state driver's license.
[16:38.040 --> 16:40.440]  Okay, wait, wait, wait, hold on.
[16:40.440 --> 16:41.840]  This is, we're about to go to break.
[16:41.840 --> 16:44.520]  This is Randy Kelton, rule of law radio.
[16:44.520 --> 16:48.960]  I call it number 512-646-1984.
[16:48.960 --> 16:50.280]  We'll be right back.
[17:00.280 --> 17:01.280]  Thanks, Cookie.
[17:01.280 --> 17:02.280]  Cookie?
[17:02.280 --> 17:03.280]  Me love cookies.
[17:03.280 --> 17:04.760]  Oh, hi, Cookie Munchers.
[17:04.760 --> 17:06.520]  No, these are yucky cookies.
[17:06.520 --> 17:07.520]  Cookie?
[17:07.520 --> 17:08.520]  Yucky?
[17:08.520 --> 17:09.520]  No, no bad cookies.
[17:09.520 --> 17:11.240]  You can't even eat these cookies.
[17:11.240 --> 17:12.240]  These are cyber cookies.
[17:12.240 --> 17:13.240]  No candy?
[17:13.240 --> 17:14.240]  No.
[17:14.240 --> 17:17.240]  No, they are cyber cookies and they clog up your computer.
[17:17.240 --> 17:18.240]  These have apples.
[17:18.240 --> 17:19.240]  Really?
[17:19.240 --> 17:21.440]  Oh, that's an actual apple.
[17:21.440 --> 17:22.440]  Yummy apple.
[17:22.440 --> 17:26.960]  I'm going to throw away these yucky cookies in the trash.
[17:26.960 --> 17:33.120]  I click control, shift, delete, and then scroll down to cookies and clear them.
[17:33.120 --> 17:34.680]  Bye bye, yucky cookies.
[17:34.680 --> 17:40.360]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand
[17:40.360 --> 17:46.320]  side, bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.320 --> 17:47.320]  new cookie.
[17:47.320 --> 17:48.320]  New cookies?
[17:48.320 --> 17:49.320]  For me?
[17:49.320 --> 17:51.160]  Consider it an early Christmas present.
[17:51.160 --> 17:55.920]  And every time I order on Amazon, I go through this link and I give a little present to this
[17:55.920 --> 17:56.920]  radio network, too.
[17:56.920 --> 17:57.920]  These are cookies.
[17:57.920 --> 17:58.920]  These look classified.
[17:58.920 --> 18:07.080]  It's the 2017 Logos Radio Network Annual Fundraiser, sponsored by Central Texas GunWorks, Defense
[18:07.080 --> 18:12.400]  Distributed, and FATSALS DELLY, go to logosradionetwork.com and enter to win.
[18:12.400 --> 18:15.040]  Every $25 donation is a chance to win.
[18:15.040 --> 18:20.720]  From Central Texas GunWorks, first place, up for grabs, a Spikes Tactical AR-15.
[18:20.720 --> 18:24.640]  Second place, Taurus PT-111 G29mm pistol.
[18:24.640 --> 18:28.840]  From Defense Distributed, third place, the AR-308, 80% lower.
[18:28.840 --> 18:31.920]  Fourth place, the AR-15, 80% lower.
[18:31.920 --> 18:36.320]  From FATSALS DELLY, fifth place, $100 gift card for FATSALS DELLY.
[18:36.320 --> 18:38.800]  Every $25 donation is a chance to win.
[18:38.800 --> 18:40.800]  That's thelogosradionetwork.com.
[18:40.800 --> 18:46.240]  Also, if you purchase Randy Kelton's e-book, Legal 101, you get four chances to win.
[18:46.240 --> 18:49.480]  Purchase Eddie Craig's traffic seminar and get 10 chances to win.
[18:49.480 --> 18:52.760]  And remember, every $25 donation is a chance to win.
[18:52.760 --> 18:57.480]  Go to logosradionetwork.com for details and donate today.
[18:57.480 --> 18:58.960]  Contest ends November 20th.
[18:58.960 --> 19:06.960]  If you are listening to the logosradionetwork.com, go to logosradionetwork.com.
[19:06.960 --> 19:15.960]  Well, don't let nothing get to you, or the father can't do this for you.
[19:15.960 --> 19:21.960]  But don't let backmine people hurt you, until she's done getting behind you.
[19:21.960 --> 19:30.960]  Norman, my friend, and I'll let you come.
[19:30.960 --> 19:31.960]  Okay, we are back.
[19:31.960 --> 19:36.960]  Randy Kelton, Rue La Radio, and we're talking to John in New York.
[19:36.960 --> 19:37.960]  Okay, go ahead, John.
[19:37.960 --> 19:38.960]  All right, let's see.
[19:38.960 --> 19:39.960]  I kind of lost my place there.
[19:39.960 --> 19:40.960]  We were right at the end.
[19:40.960 --> 19:41.960]  Okay.
[19:41.960 --> 19:50.960]  You told the judge that he was sent to the wrong address and the judge didn't care.
[19:50.960 --> 19:51.960]  Right.
[19:51.960 --> 19:56.960]  And he told the cop what the address was.
[19:56.960 --> 20:00.960]  The DMV sends all his mail to the post office box.
[20:00.960 --> 20:04.960]  The village court, or the village court even sends...
[20:04.960 --> 20:05.960]  Okay, okay.
[20:05.960 --> 20:06.960]  We got all that.
[20:06.960 --> 20:07.960]  You went through all that?
[20:07.960 --> 20:08.960]  Yes.
[20:08.960 --> 20:10.960]  Then what happened in the case?
[20:10.960 --> 20:15.960]  Well, he adjourned the case for December 20th.
[20:15.960 --> 20:26.960]  And so my relative will go back before the, you know, if you have his trial.
[20:26.960 --> 20:29.960]  So was he able to get the deposition?
[20:29.960 --> 20:36.960]  Yeah, he finally got the deposition and the judge gave him a sheet of paper.
[20:36.960 --> 20:39.960]  You'll see it in the stuff that I sent you.
[20:39.960 --> 20:45.960]  The judge gave him proof that the deposition went out in writing.
[20:45.960 --> 20:50.960]  And it sounded like the judge kept telling him over and over, well, that's your address.
[20:50.960 --> 20:51.960]  That's your address.
[20:51.960 --> 20:55.960]  His license has his house address on it.
[20:55.960 --> 21:02.960]  Now, when the DMV, when the cop pulls up his records, when he radios for his record on
[21:02.960 --> 21:05.960]  the computer, what comes up?
[21:05.960 --> 21:09.960]  Is it the physical address or the post office box or both?
[21:09.960 --> 21:11.960]  I have no idea.
[21:11.960 --> 21:12.960]  Right.
[21:12.960 --> 21:15.960]  Well, I was trying to find that out.
[21:15.960 --> 21:21.960]  Anyway, the police, the letter had to have gone back to the post office and returned
[21:21.960 --> 21:23.960]  the sender to the police.
[21:23.960 --> 21:29.960]  So the police knew that the defendant's deposition was never delivered to him.
[21:29.960 --> 21:35.960]  And I read the law and the law says it doesn't say that the police, the plaintiff has to
[21:35.960 --> 21:39.960]  send it out within 30 days.
[21:39.960 --> 21:44.960]  The defendant has to receive it within 30 days if I'm not mistaken the way the law
[21:44.960 --> 21:45.960]  reads.
[21:45.960 --> 21:46.960]  Okay.
[21:46.960 --> 21:50.960]  So if that doesn't happen, what is the remedy?
[21:50.960 --> 21:52.960]  Yeah, that's what I'm wondering.
[21:52.960 --> 21:54.960]  And how does he approach it?
[21:54.960 --> 21:59.960]  Because he has to have the ticket to Smith and he wouldn't dismiss it.
[21:59.960 --> 22:01.960]  He adjourned the case.
[22:01.960 --> 22:02.960]  Okay.
[22:02.960 --> 22:08.960]  He adjourned the case for what reason?
[22:08.960 --> 22:13.960]  We thought we heard him say, and I'm not so sure that he said it.
[22:13.960 --> 22:22.960]  We thought he heard him say to produce a paper to prove what my relative was saying.
[22:22.960 --> 22:25.960]  His plea, whatever.
[22:25.960 --> 22:26.960]  Okay.
[22:26.960 --> 22:37.960]  So at the end of the day, the relative received the deposition in sufficient time before trial.
[22:37.960 --> 22:46.960]  So any issue you would try to bring would be met with no harm, no foul.
[22:46.960 --> 22:51.960]  Well, they still didn't send it out.
[22:51.960 --> 22:53.960]  Did they give him a copy?
[22:53.960 --> 22:56.960]  They gave him a copy.
[22:56.960 --> 22:58.960]  Then it served.
[22:58.960 --> 23:00.960]  After 30 days?
[23:00.960 --> 23:03.960]  The law says 30 days and five days before the...
[23:03.960 --> 23:05.960]  So what?
[23:05.960 --> 23:07.960]  So what?
[23:07.960 --> 23:15.960]  When I say so what, I'm always saying, okay, what's the harm and what's the remedy?
[23:15.960 --> 23:18.960]  In this case, what is the harm?
[23:18.960 --> 23:23.960]  If we did that, we'd go to jail.
[23:23.960 --> 23:28.960]  If we did that, if we didn't do something, we'd lose the case or go to jail.
[23:28.960 --> 23:30.960]  Okay.
[23:30.960 --> 23:34.960]  They didn't comply with the law.
[23:34.960 --> 23:44.960]  If you don't comply with certain laws, there are remedies.
[23:44.960 --> 23:46.960]  There are charges that will be filed against you.
[23:46.960 --> 23:55.960]  So what is the remedy for you when these officials don't follow a law?
[23:55.960 --> 24:01.960]  In this case, I thought it was a dismissal of a ticket.
[24:01.960 --> 24:07.960]  What's that in law?
[24:07.960 --> 24:09.960]  Okay, I'm making a point here.
[24:09.960 --> 24:11.960]  That's what I've always known.
[24:11.960 --> 24:15.960]  I believe in it and you can never convince me that it's otherwise.
[24:15.960 --> 24:20.960]  You've got to have remedy.
[24:20.960 --> 24:31.960]  Just because either the court or you are directed to do something, the law has directions in it,
[24:31.960 --> 24:34.960]  but there's not always a remedy for a failure.
[24:34.960 --> 24:36.960]  I see.
[24:36.960 --> 24:38.960]  But it says it on the paper.
[24:38.960 --> 24:42.960]  It says it on the papers that you'll see it.
[24:42.960 --> 24:45.960]  If you open up the attachments, you'll see.
[24:45.960 --> 24:48.960]  I think where it says that...
[24:48.960 --> 24:56.960]  I'm not arguing that they are not required to get it to them within 30 days.
[24:56.960 --> 24:58.960]  I'm asking what the harm and what the remedy is.
[24:58.960 --> 25:01.960]  I know what it is.
[25:01.960 --> 25:02.960]  Okay.
[25:02.960 --> 25:05.960]  I'm trying to get you to find it.
[25:05.960 --> 25:07.960]  You got me stumped.
[25:07.960 --> 25:08.960]  Okay.
[25:08.960 --> 25:09.960]  I see your point.
[25:09.960 --> 25:10.960]  Good point.
[25:10.960 --> 25:11.960]  You got a good point.
[25:11.960 --> 25:12.960]  You got me stumped.
[25:12.960 --> 25:14.960]  So what do you do?
[25:14.960 --> 25:20.960]  What's the claim when a public official fails to perform a duty he's required to form it
[25:20.960 --> 25:25.960]  in the process to not uniform free access to or enjoyment of a right?
[25:25.960 --> 25:26.960]  Okay.
[25:26.960 --> 25:29.960]  Now say that again a little slower.
[25:29.960 --> 25:30.960]  Okay.
[25:30.960 --> 25:35.960]  Under every law, every state has a law that reflects the Ku Klux Klan Act.
[25:35.960 --> 25:42.960]  And the first part of the Ku Klux Klan Act is 18 has been codified into code as 18 U.S.
[25:42.960 --> 25:45.960]  Code 242.
[25:45.960 --> 25:53.960]  And it's kind of long and convoluted, but in a nutshell it says that if a public official
[25:53.960 --> 26:00.960]  fails to perform a duty he is required to perform and in the process denies the citizen
[26:00.960 --> 26:07.960]  free access to or enjoyment right, that's official misconduct in its class A misdemeanor.
[26:07.960 --> 26:11.960]  So you have to file a suit against them?
[26:11.960 --> 26:18.960]  No, file criminal charges against the whoever sent it to the wrong address.
[26:18.960 --> 26:22.960]  That's your remedy.
[26:22.960 --> 26:24.960]  I see.
[26:24.960 --> 26:28.960]  And that, you look it up in New York law.
[26:28.960 --> 26:30.960]  I know they have it.
[26:30.960 --> 26:32.960]  I don't remember the statute, but you have it.
[26:32.960 --> 26:35.960]  It's almost exactly that wording.
[26:35.960 --> 26:37.960]  There's actually a little more to it.
[26:37.960 --> 26:43.960]  If a public official exerts or purports to exert an authority they do not expressly have
[26:43.960 --> 26:48.960]  or fails to perform a duty they're required to perform and in the process denies the citizen
[26:48.960 --> 26:53.960]  in the right, that's official misconduct in every state.
[26:53.960 --> 26:56.960]  It's generally a class A misdemeanor.
[26:56.960 --> 26:57.960]  Okay.
[26:57.960 --> 27:04.960]  I take it that according to what you just said they didn't do their job and it did deny
[27:04.960 --> 27:07.960]  the rights to the defendant, is that correct?
[27:07.960 --> 27:08.960]  Yeah, exactly.
[27:08.960 --> 27:10.960]  He went to court ready.
[27:10.960 --> 27:15.960]  On that day and time he had a right to be ready for court and have his case adjudicated,
[27:15.960 --> 27:18.960]  but he wasn't able to have his case adjudicated.
[27:18.960 --> 27:26.960]  He was forced to have to come back again because this person didn't do what they were required to do.
[27:26.960 --> 27:28.960]  And how about the judge?
[27:28.960 --> 27:30.960]  Can you file charges against him?
[27:30.960 --> 27:32.960]  Yes, you can.
[27:32.960 --> 27:38.960]  It is the duty of the judge to determine the facts in accordance with rules of evidence
[27:38.960 --> 27:41.960]  that apply the laws comes to him to the facts in the case.
[27:41.960 --> 27:48.960]  If he fails to do that and in the process denies you in a right, it's the same charge.
[27:48.960 --> 27:57.960]  The judges are used to telling you, oh, well, if you're like my ruling, well, you can just go appeal.
[27:57.960 --> 28:03.960]  And I'm saying, yeah, I can appeal to a grand jury to indict your behind.
[28:03.960 --> 28:09.960]  They want you to go to a panel of corrupt judges who will really screw your royal.
[28:09.960 --> 28:16.960]  Well, I want to go to a grand jury of my peers and there's nothing to prevent you from doing that.
[28:16.960 --> 28:22.960]  All right, they're going to argue, what rights did we violate of you, Mr. Smith?
[28:22.960 --> 28:27.960]  Your right to have that document within 30 days.
[28:27.960 --> 28:33.960]  It's right there in the code. That is a due process right.
[28:33.960 --> 28:36.960]  Okay.
[28:36.960 --> 28:39.960]  I never claim constitutional rights.
[28:39.960 --> 28:43.960]  I always claim statutory rights.
[28:43.960 --> 28:47.960]  Violation of due process is statutory.
[28:47.960 --> 28:55.960]  Tim earlier was reading a response to a countersuit I wrote for Tim.
[28:55.960 --> 29:02.960]  And the judge and the lawyers claim that there was no right of action under Constitution.
[29:02.960 --> 29:06.960]  And I'm sitting here, you know, I can't see the documents, so I don't know how they got there.
[29:06.960 --> 29:09.960]  But I'm thinking, who cares?
[29:09.960 --> 29:12.960]  I never make claims under Constitution.
[29:12.960 --> 29:14.960]  I make them under statute.
[29:14.960 --> 29:16.960]  This is due process violation.
[29:16.960 --> 29:18.960]  Have a right to do process.
[29:18.960 --> 29:21.960]  There is a cause of action for due process.
[29:21.960 --> 29:24.960]  So, you know, they claim to have some case law assessed or not.
[29:24.960 --> 29:26.960]  I want to see that case law.
[29:26.960 --> 29:35.960]  And I'll move for sanctions and bar grieve them if they got bad case law and relatively certain they will.
[29:35.960 --> 29:37.960]  Wow. Thank you very kindly.
[29:37.960 --> 29:40.960]  What's the name of your website again?
[29:40.960 --> 29:42.960]  It's about traffic tickets.
[29:42.960 --> 29:46.960]  Yeah, trafficticket.websites.
[29:46.960 --> 29:49.960]  Okay, trafficticket.websites. Got it.
[29:49.960 --> 29:51.960]  Yes.
[29:51.960 --> 29:52.960]  All right.
[29:52.960 --> 29:54.960]  No, I got another problem.
[29:54.960 --> 29:56.960]  I guess we stopped that one.
[29:56.960 --> 29:59.960]  Will you tell me the falseness or the trueness?
[29:59.960 --> 30:05.960]  I only have eyes for you.
[30:05.960 --> 30:10.960]  All right.
[30:35.960 --> 30:52.960]  It's disturbing enough that big brother governments use facial recognition technology to identify and track people on the streets.
[30:52.960 --> 30:57.960]  Now clothing companies in Europe, Canada and America are getting in on the act.
[30:57.960 --> 30:59.960]  So, where do they hide the cameras?
[30:59.960 --> 31:01.960]  In the eyes of mannequins.
[31:01.960 --> 31:06.960]  Those glamorous plastic ladies in the display windows may be watching you back.
[31:06.960 --> 31:15.960]  They're called eye seers and their job is to log the age, gender and race of passersby so retailers can devise new schemes to get you to buy.
[31:15.960 --> 31:19.960]  But hang on, aren't mannequins spooky enough already?
[31:19.960 --> 31:22.960]  This is taking weird science to a whole new level.
[31:22.960 --> 31:30.960]  I'm Dr. Catherine Albrecht for startpage.com, the world's most private search engine.
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[33:02.960 --> 33:21.960]  Live free speech radio, logosradionetwork.com.
[33:21.960 --> 33:23.960]  Okay, we are back.
[33:23.960 --> 33:29.960]  Randy Kelton, rule of law radio and we're talking to John in New York.
[33:29.960 --> 33:33.960]  Okay, go ahead John, I kind of let things run off the cliff there.
[33:33.960 --> 33:35.960]  That's alright.
[33:35.960 --> 33:36.960]  That's okay.
[33:36.960 --> 33:41.960]  I'll blame it on Scott.
[33:41.960 --> 33:50.960]  Okay, what should he do when he gets into court if the judge rules against him?
[33:50.960 --> 33:57.960]  Should he say anything or should he be nice and quiet about filing charges?
[33:57.960 --> 34:05.960]  Your only purpose in the trial court is to set the record for appeal.
[34:05.960 --> 34:11.960]  I have a set of adages that I use here and they go to a set of rules.
[34:11.960 --> 34:22.960]  And these rules are designed to give you a method of behaving that makes these guys crazy.
[34:22.960 --> 34:29.960]  When you go into the court and it's clear in your mind your only purpose is to set the record for appeal.
[34:29.960 --> 34:32.960]  When the judge does his song and dance and sells her down your pants,
[34:32.960 --> 34:37.960]  he expects you to get all excited and jump up and down and rail in righteous indignation.
[34:37.960 --> 34:45.960]  But when you don't do any of that, he's sitting there wondering what is wrong with this picture
[34:45.960 --> 34:48.960]  and it tends to put him off their game.
[34:48.960 --> 34:52.960]  So you're only there to set the record for appeal.
[34:52.960 --> 34:54.960]  Let them do whatever they want to.
[34:54.960 --> 34:59.960]  And never ever give fair warning.
[34:59.960 --> 35:05.960]  You tried to give fair warning.
[35:05.960 --> 35:10.960]  They're going to say you're agitated and now you're threatening me.
[35:10.960 --> 35:12.960]  So push back them.
[35:12.960 --> 35:14.960]  That's a lot more fun.
[35:14.960 --> 35:16.960]  I agree.
[35:16.960 --> 35:18.960]  Okay, so you handle it that way.
[35:18.960 --> 35:19.960]  But where do you file?
[35:19.960 --> 35:21.960]  Where do you file against the court?
[35:21.960 --> 35:22.960]  Okay.
[35:22.960 --> 35:25.960]  New York.
[35:25.960 --> 35:27.960]  Grand jury.
[35:27.960 --> 35:32.960]  Depends on how you want to do it.
[35:32.960 --> 35:38.960]  One of the adages is you'll never win your case simply because you have the law and the facts on your side.
[35:38.960 --> 35:40.960]  To think so is naive.
[35:40.960 --> 35:45.960]  You'll win your case if you have the politics on your side.
[35:45.960 --> 35:56.960]  So while we need to kind of know the law to understand how things work, we need to better understand the politics.
[35:56.960 --> 35:59.960]  So it depends on what you want to do.
[35:59.960 --> 36:14.960]  If you want to run the entire routine, then the way I read the codes is criminal complaints are directed to some magistrate.
[36:14.960 --> 36:26.960]  1216 AD, they drug King John down to Dukes, drug King John down to River Thames, threatened to cut his head off if he didn't sign the Magna Carta.
[36:26.960 --> 36:28.960]  So he signed it.
[36:28.960 --> 36:42.960]  The Magna Carta established that if a sheriff arrested a free man for any reason, that he's to take that free man directly to the nearest magistrate and explain himself.
[36:42.960 --> 36:50.960]  And because they were using horses and carriages then, they set magistrates all over the county.
[36:50.960 --> 36:55.960]  So there would always be a magistrate within a day's ride.
[36:55.960 --> 37:06.960]  We still have magistrates positioned all over the county because it is intended that we still take people directly to a magistrate.
[37:06.960 --> 37:08.960]  They don't do that anymore.
[37:08.960 --> 37:24.960]  The law requires it. The federal due process rights require it under Gerstein Pugh, but the only state they still do that in is New York.
[37:24.960 --> 37:27.960]  Have you ever seen the program Night Court?
[37:27.960 --> 37:29.960]  Oh yeah, I've seen that.
[37:29.960 --> 37:38.960]  Okay, now that was a comedy, but constitutionally, it was dead on.
[37:38.960 --> 37:44.960]  Night Court was the court the policeman brought the person he arrested to.
[37:44.960 --> 37:48.960]  They brought the person to court to the jail.
[37:48.960 --> 37:57.960]  They held the person only long enough to get a counsel appointed for the purpose of that hearing.
[37:57.960 --> 38:02.960]  Then the accused and his counsel came before the judge.
[38:02.960 --> 38:06.960]  The prosecutor and the officer came before the judge.
[38:06.960 --> 38:08.960]  The policeman tells his side of the story.
[38:08.960 --> 38:11.960]  The accused tells his side of the story.
[38:11.960 --> 38:14.960]  The judge decides if they stand an answer.
[38:14.960 --> 38:20.960]  That's exactly how it should be done, but they don't do it.
[38:20.960 --> 38:22.960]  So we sting them for it.
[38:22.960 --> 38:28.960]  So you get a criminal complaint, you take it to a magistrate.
[38:28.960 --> 38:29.960]  So here you go.
[38:29.960 --> 38:33.960]  Even for a minor trafficking fraction?
[38:33.960 --> 38:37.960]  Oh yeah.
[38:37.960 --> 38:39.960]  Yeah, all of them.
[38:39.960 --> 38:47.960]  If you will look at the citation, it will say that you agree to appear before a magistrate.
[38:47.960 --> 38:52.960]  Or at least look in the code that, okay, I'm speaking to Texas law here,
[38:52.960 --> 38:55.960]  and most of the laws are real similar in this regard.
[38:55.960 --> 39:00.960]  A policeman does not necessarily have to take you directly to the nearest magistrate
[39:00.960 --> 39:08.960]  if he arrests you for onsite offense in certain circumstances.
[39:08.960 --> 39:22.960]  In the circumstance of a traffic violation, the traffic codes authorize the officer to allow you to sign a promise to appear
[39:22.960 --> 39:27.960]  and release you on your own recognizance.
[39:27.960 --> 39:39.960]  But in the code in Texas and 543.006 says that he must appear before a magistrate.
[39:39.960 --> 39:45.960]  Not a clerk, not a prosecutor, not a judge, but a magistrate.
[39:45.960 --> 39:57.960]  The officer didn't take the person directly to the magistrate, but instead authorized him to allow the person to sign a promise to appear before the magistrate,
[39:57.960 --> 40:03.960]  not the judge, requires an examining trial.
[40:03.960 --> 40:04.960]  All cases.
[40:04.960 --> 40:07.960]  So that's what magistrates are there for.
[40:07.960 --> 40:10.960]  So you pick a magistrate.
[40:10.960 --> 40:17.960]  If you want to run the whole system, just if the judge is a municipal court judge,
[40:17.960 --> 40:24.960]  take a complaint to the next highest, which kind of sort is a JP judge.
[40:24.960 --> 40:27.960]  Not really higher, but different.
[40:27.960 --> 40:28.960]  Take it to the JP judge.
[40:28.960 --> 40:32.960]  That's the one that normally gets criminal complaints.
[40:32.960 --> 40:41.960]  And when the JP judge refuses to take it and he'll give you sage advice and say, oh my goodness, you should not bring that to me.
[40:41.960 --> 40:44.960]  You should bring that to the police department.
[40:44.960 --> 40:46.960]  And you say, oh, thank you very much, judge.
[40:46.960 --> 40:48.960]  Okay, I'll do that.
[40:48.960 --> 40:53.960]  But when you go to the police department, you take a criminal complaint against the magistrate.
[40:53.960 --> 40:58.960]  For not taking your complaint against the judge.
[40:58.960 --> 41:09.960]  And then when the policeman doesn't take it, you go to the next highest judge, which would be, okay, in New York, the lowest is supreme.
[41:09.960 --> 41:19.960]  What's the B and C misdemeanor judges in New York?
[41:19.960 --> 41:23.960]  I thought Supreme Court was more serious in New York.
[41:23.960 --> 41:29.960]  It's odd New York is backwards. Supreme is the lowest.
[41:29.960 --> 41:31.960]  You're kidding?
[41:31.960 --> 41:34.960]  I'm not. It's New York is nuts.
[41:34.960 --> 41:37.960]  These New Yorkers, you know, they're all crazy.
[41:37.960 --> 41:38.960]  It was really an odd thing.
[41:38.960 --> 41:43.960]  I was amazed that the court's designations are somewhat different than ours.
[41:43.960 --> 41:48.960]  And Supreme is one of the lower courts.
[41:48.960 --> 41:53.960]  I don't think that before, but I didn't believe it.
[41:53.960 --> 41:58.960]  And anyway, you just, you walk your way up the levels of judges.
[41:58.960 --> 42:06.960]  And at each new judge, because they're all judges or magistrates, you file against the last judge.
[42:06.960 --> 42:12.960]  And this lowly little municipal court judge down there who got all this started.
[42:12.960 --> 42:22.960]  They've got this wild crazy person filing charges against everybody and judicial conduct complaints and just making their lives a living hell.
[42:22.960 --> 42:27.960]  It's all your fault.
[42:27.960 --> 42:31.960]  You will never win your case simply because you have the law and the facts on your side.
[42:31.960 --> 42:34.960]  You win the case if you have the politics on your side.
[42:34.960 --> 42:36.960]  So let's go out and generate a little politics.
[42:36.960 --> 42:46.960]  And the one thing you will absolutely find is when you start creating this kind of politics, it is so much fun.
[42:46.960 --> 42:51.960]  You are not going to believe it.
[42:51.960 --> 42:56.960]  It'll take a couple of times for you to begin to see the patterns.
[42:56.960 --> 43:02.960]  One of the patterns you will begin to see is what we call the little chicken dance.
[43:02.960 --> 43:11.960]  You go to this policeman with a complaint against a judge and he starts shifting from one foot to the other.
[43:11.960 --> 43:15.960]  You ever seen a chicken trying to look over something?
[43:15.960 --> 43:20.960]  They'll poke their heads up and then they'll shift back and forth from one foot to the other.
[43:20.960 --> 43:23.960]  That's what these cops do.
[43:23.960 --> 43:26.960]  And I struggle not to laugh when I see them doing it.
[43:26.960 --> 43:32.960]  Well, Mr. Kelton, I don't know if I can take that complaint.
[43:32.960 --> 43:33.960]  Oh, sure you can.
[43:33.960 --> 43:39.960]  I'll just sign it right in front of you and you can authorize my signature and you got it.
[43:39.960 --> 43:41.960]  You just take it and do what you're supposed to.
[43:41.960 --> 43:44.960]  And oh, they do not want to take the complaint.
[43:44.960 --> 43:48.960]  But their problem is you're the victim.
[43:48.960 --> 43:55.960]  And you're trying to get them to nail somebody they're afraid of.
[43:55.960 --> 43:59.960]  And the cops are standing there watching his career flash.
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[44:37.960 --> 44:39.960]  Every $25 donation is a chance to win.
[44:39.960 --> 44:41.960]  That's the LogosRadioNetwork.com.
[44:41.960 --> 44:46.960]  Also, if you purchase Randy Kelton's ebook, legal 101, you get four chances to win.
[44:46.960 --> 44:50.960]  Purchase Eddie Craig's traffic seminar, get 10 chances to win.
[44:50.960 --> 44:53.960]  And remember, every $25 donation is a chance to win.
[44:53.960 --> 44:59.960]  Go to LogosRadioNetwork.com for details and donate today.
[44:59.960 --> 45:03.960]  Are you the plaintiff or defendant in a lawsuit?
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[46:22.960 --> 46:29.960]  Always, I must be careful what I'm wishing for.
[46:29.960 --> 46:34.960]  When I'm hungry, I like to know just what I'm wishing for.
[46:34.960 --> 46:40.960]  I ain't asking for much, I ain't trying to be no blood.
[46:40.960 --> 46:46.960]  I'm just here making my living, pushing buttons.
[46:46.960 --> 46:52.960]  I get my message out and anyone is shouting distance.
[46:52.960 --> 46:57.960]  I hope for bravery and against slavery, showing resistance.
[46:57.960 --> 47:02.960]  First I'm crawling, then I'm walking, then I start strutting.
[47:02.960 --> 47:10.960]  I'm just so glad to make my living, pushing buttons.
[47:10.960 --> 47:24.960]  Oh, oh, oh, oh, oh.
[47:24.960 --> 47:26.960]  OK, we're back.
[47:26.960 --> 47:32.960]  Randy Kelton on Rule Of Law Radio, and we're talking to John in New York.
[47:32.960 --> 47:34.960]  OK, go ahead John.
[47:34.960 --> 47:36.960]  Very moment. Thank you very much, Randy.
[47:36.960 --> 47:37.960]  You're fantastic.
[47:37.960 --> 47:40.200]  And then, you know, so...
[47:40.200 --> 47:41.200]  Wait a minute, wait a minute.
[47:41.200 --> 47:46.640]  You need to tell Debra that because she was here watching when I just run off the cliff.
[47:46.640 --> 47:50.640]  I'm facing the music.
[47:50.640 --> 47:52.560]  Okay, go ahead.
[47:52.560 --> 47:56.280]  Okay, now, see if I get this right.
[47:56.280 --> 48:01.240]  The guy that he went before is a judge.
[48:01.240 --> 48:02.240]  It's a judge.
[48:02.240 --> 48:06.560]  Now, does that mean he's not a magistrate if he's a judge?
[48:06.560 --> 48:14.120]  All judges are magistrates and mayors are magistrates.
[48:14.120 --> 48:23.040]  You could file this with the mayor and let the mayor of New York refuse to act on it.
[48:23.040 --> 48:25.200]  Oh, would that be great.
[48:25.200 --> 48:28.200]  Then you file criminal charges against the mayor of New York.
[48:28.200 --> 48:32.840]  Oh, are they going to get unhappy?
[48:32.840 --> 48:35.800]  You mean to tell me the mayor in that village?
[48:35.800 --> 48:39.320]  Yep, he's a magistrate.
[48:39.320 --> 48:40.320]  But why?
[48:40.320 --> 48:41.920]  Because he wasn't in front of the mayor.
[48:41.920 --> 48:44.480]  Okay, here's the deal.
[48:44.480 --> 48:52.920]  It was intended that the police not hold the key to the jailhouse door.
[48:52.920 --> 48:58.480]  In spite of what you see on TV, where the policeman arrests someone, takes them to jail,
[48:58.480 --> 49:01.480]  that was never intended.
[49:01.480 --> 49:08.640]  It was intended that you arrest someone, but you take them directly to the nearest magistrate
[49:08.640 --> 49:11.080]  and explain yourself.
[49:11.080 --> 49:14.800]  And it's not because they didn't trust the police.
[49:14.800 --> 49:20.000]  It's because they didn't want the public to have the perception that the police could
[49:20.000 --> 49:21.600]  arrest and imprison.
[49:21.600 --> 49:26.120]  Now, they can arrest you, but they can't imprison you.
[49:26.120 --> 49:30.640]  They have to take you before a magistrate and make their case to the magistrate, and
[49:30.640 --> 49:35.560]  then you tell your side, and the magistrate decides if you go to jail or not, not the
[49:35.560 --> 49:37.640]  police officer.
[49:37.640 --> 49:44.080]  So in order to have enough magistrates around, they put justices of the peace around in the
[49:44.080 --> 49:48.080]  different precincts of the county.
[49:48.080 --> 49:54.280]  That's so that there'd always be one within a day's ride.
[49:54.280 --> 50:01.000]  But in order to get more magistrates and to allow them, give them way to make more money,
[50:01.000 --> 50:05.120]  have you ever heard of a mayor marrying people?
[50:05.120 --> 50:07.120]  Yes.
[50:07.120 --> 50:11.160]  He does that in his capacity as a magistrate, not a mayor.
[50:11.160 --> 50:13.320]  Ah, okay.
[50:13.320 --> 50:18.960]  Even the traffic cases taken before a magistrate, even in the traffic case, a minor one?
[50:18.960 --> 50:19.960]  That's what it code.
[50:19.960 --> 50:21.800]  That's what the law says.
[50:21.800 --> 50:22.800]  Wow.
[50:22.800 --> 50:36.000]  The law says, for an on-site arrest, they must take you directly to the nearest magistrate.
[50:36.000 --> 50:43.520]  It doesn't matter if you're arrested for an on-site offense or on a warrant.
[50:43.520 --> 50:45.320]  And here's why.
[50:45.320 --> 50:53.520]  If there is a warrant, the warrant was necessarily issued ex parte.
[50:53.520 --> 51:01.000]  The officer went before a what to get a warrant?
[51:01.000 --> 51:03.800]  Magistrate always.
[51:03.800 --> 51:08.640]  An officer goes before a magistrate, files a complaint with the magistrate, the magistrate
[51:08.640 --> 51:16.960]  examines into the sufficiency of the allegation that makes a determination based on the statement
[51:16.960 --> 51:21.720]  of the officer if the magistrate believes there's sufficient probable cause to issue
[51:21.720 --> 51:22.720]  a warrant.
[51:22.720 --> 51:25.080]  The issue's a warrant.
[51:25.080 --> 51:32.960]  The warrant says, arrest this person and bring him before me.
[51:32.960 --> 51:41.520]  And the reason it says bring him before me is because I held an ex parte examining trial.
[51:41.520 --> 51:44.400]  The other guy wasn't here.
[51:44.400 --> 51:48.360]  If he was here, I wouldn't have had to issue the warrant.
[51:48.360 --> 51:55.560]  I could have just made a probable cause determination and then had him thrown in jail.
[51:55.560 --> 51:59.400]  But since he wasn't here, I only got to hear one side.
[51:59.400 --> 52:05.120]  So if you arrest him, you bring him back before me, and then he gets to tell his side, and
[52:05.120 --> 52:11.040]  then I decide whether or not he has a culpatory evidence, and I send him home.
[52:11.040 --> 52:13.960]  That's the way it was intended.
[52:13.960 --> 52:17.600]  Not the way it's working.
[52:17.600 --> 52:23.800]  Even though if it worked that way, everybody would benefit.
[52:23.800 --> 52:33.480]  But we had prosecuting attorneys, and the legislators in their infinite wisdom decided
[52:33.480 --> 52:41.560]  that we have learned counsel in public employ in the form of prosecuting attorneys.
[52:41.560 --> 52:54.200]  So under the premise of judicial economy, the legislators directed prosecutors to give
[52:54.200 --> 52:59.920]  legal advice to the police in lower courts.
[52:59.920 --> 53:03.000]  Bad idea.
[53:03.000 --> 53:08.680]  Do you really expect a prosecuting attorney to advise the police in the lower courts
[53:08.680 --> 53:13.200]  in practices and procedures that would make their life a living hell?
[53:13.200 --> 53:15.320]  Of course not.
[53:15.320 --> 53:17.320]  And they're not going to do this on purpose.
[53:17.320 --> 53:25.520]  They're going to do this over a period of time through a series of seemingly minor adjustments
[53:25.520 --> 53:31.440]  toward adjudicative expediency and administrative convenience.
[53:31.440 --> 53:35.720]  They make one little adjustment here and a little adjustment there and a little adjustment
[53:35.720 --> 53:36.720]  here.
[53:36.720 --> 53:41.240]  So nobody raises a red flag, and then 20 years down the road, you read the code, look at
[53:41.240 --> 53:47.200]  the practice, and you think, have I stepped through the looking glass?
[53:47.200 --> 53:51.720]  How can the practice be so different than the code?
[53:51.720 --> 53:53.400]  That's what got me into this.
[53:53.400 --> 53:55.720]  Well, it's a step at a time.
[53:55.720 --> 53:57.800]  It's like the boiled frog.
[53:57.800 --> 54:00.800]  Yeah, exactly.
[54:00.800 --> 54:02.280]  He's never going to jump out.
[54:02.280 --> 54:11.000]  For those of you who don't know the frog thing, this is Mark Twain's metaphor, said, I could
[54:11.000 --> 54:13.440]  throw a frog in a pot of hot water, he'd jump out.
[54:13.440 --> 54:17.760]  If I put him in a pot of cold water and gradually raise the heat, he'll sit there and he'll
[54:17.760 --> 54:19.320]  call us to death.
[54:19.320 --> 54:23.880]  And so the problem here is there's no bad guys.
[54:23.880 --> 54:28.320]  Everybody's doing what they think is right, what they think is best, and you and I, if
[54:28.320 --> 54:33.800]  there's a bad guy, it's you, because you didn't get out there.
[54:33.800 --> 54:40.080]  The first time one of our officers stepped one half inch across one of our legal lines,
[54:40.080 --> 54:43.920]  you didn't jump up and down, raise them, watch this indignation, and put him back where
[54:43.920 --> 54:45.800]  he belonged.
[54:45.800 --> 54:47.000]  And I didn't do it either.
[54:47.000 --> 54:49.080]  The rest of us didn't do it.
[54:49.080 --> 54:55.680]  And we allowed our system to deteriorate to the point we have to do something.
[54:55.680 --> 54:59.040]  The judge is a magistrate then, who do you go to next?
[54:59.040 --> 55:02.320]  Who's over the judge that's a magistrate?
[55:02.320 --> 55:04.120]  Every judge is a magistrate.
[55:04.120 --> 55:05.120]  Right.
[55:05.120 --> 55:13.240]  So you just, yes, go to the next highest judge, the chief justice of the New York Supreme
[55:13.240 --> 55:18.160]  Court is a magistrate.
[55:18.160 --> 55:22.520]  And I always want to walk up to him.
[55:22.520 --> 55:28.680]  When you charge the chief justice of the Supreme Court of the state, with official misconduct
[55:28.680 --> 55:36.880]  for failing to perform a duty he's required to perform, he is not going to be a head camper.
[55:36.880 --> 55:42.840]  Everything's political, and all politics is local.
[55:42.840 --> 55:48.400]  You've got this chief justice at the top of the heap, and he's got all these guys down
[55:48.400 --> 55:53.200]  blowing that wants his position.
[55:53.200 --> 55:56.280]  You can't, yeah, you can't frighten him.
[55:56.280 --> 56:03.400]  What you can do is create political cannon fodder for his opponents.
[56:03.400 --> 56:05.400]  That's what worries him.
[56:05.400 --> 56:12.480]  Randy, Randy, if this is a judge who's a magistrate, he's a municipal judge, I guess, in the village.
[56:12.480 --> 56:14.120]  Who's the next judge up?
[56:14.120 --> 56:16.880]  I still don't know.
[56:16.880 --> 56:23.760]  Well if it were most any other state, it would be, if it's one of the colonies, it would
[56:23.760 --> 56:26.920]  be the court of common pleas.
[56:26.920 --> 56:30.640]  If it's one of the Spanish law states, which are most of the rest of the states, it would
[56:30.640 --> 56:32.200]  be a county judge.
[56:32.200 --> 56:44.880]  It would be the minutes before a judge handles classy misdemeanors or infractions.
[56:44.880 --> 56:47.960]  Infractions that do not involve imprisonment.
[56:47.960 --> 56:55.800]  You go to the next level up where an allegation that involves imprisonment, but it's considered
[56:55.800 --> 57:01.840]  a misdemeanor, and generally they don't allow indictments in these.
[57:01.840 --> 57:07.440]  And then above that are allegations for which there is an indictment.
[57:07.440 --> 57:13.680]  In most states, the Spanish states, it will be a district court.
[57:13.680 --> 57:20.360]  So you've got, we have justice of the peace and municipal judges, then we have county
[57:20.360 --> 57:25.320]  court judges, district court judges, and then court of appeals.
[57:25.320 --> 57:29.080]  Just walk your way up.
[57:29.080 --> 57:36.240]  I present, I got all the highest judges in Texas presented to a grand jury once this
[57:36.240 --> 57:37.240]  way.
[57:37.240 --> 57:43.720]  It didn't have anything to do with the validity of my complaints because they were absolutely
[57:43.720 --> 57:45.240]  as nitpicking as you can get.
[57:45.240 --> 57:50.880]  I filed a habeas, the court refused to accept my habeas unless filed a motion for leave
[57:50.880 --> 57:51.880]  to file.
[57:51.880 --> 57:57.280]  Then they denied leave to file, so I filed criminal charges against all 15 of them.
[57:57.280 --> 58:07.840]  Took a year before Ron Earl, 25 year Democrat, disc attorney, retiring all 15 of these judges
[58:07.840 --> 58:09.720]  or Republicans.
[58:09.720 --> 58:15.520]  He took my complaints against them, used them as cannon fodder to try to take out these
[58:15.520 --> 58:18.600]  judges with him.
[58:18.600 --> 58:21.440]  That's where your power is.
[58:21.440 --> 58:29.000]  Getting cannon fodder for their political enemies.
[58:29.000 --> 58:37.360]  Okay, hang on, about to go to break.
[58:37.360 --> 58:38.960]  We'll pick this up on the other side.
[58:38.960 --> 58:45.040]  This is Randy Kelton with Law Radio, our calling number, 512-646-1984.
[58:45.040 --> 58:50.400]  We'll be right back.
[58:50.400 --> 58:54.560]  Would you like to make more definite progress in your walk with God?
[58:54.560 --> 58:59.720]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.720 --> 59:01.080]  can really help.
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[59:05.400 --> 59:06.400]  today.
[59:06.400 --> 59:10.440]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.440 --> 59:13.520]  to know God and to know the meaning of life.
[59:13.520 --> 59:18.800]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.800 --> 59:24.480]  Hereby chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.480 --> 59:28.000]  growing in Christ and how to build up the church.
[59:28.000 --> 59:33.040]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:33.040 --> 59:48.240]  Life, call Bibles for America toll free at 888-551-0102 or visit us online at bfa.org.
[59:48.240 --> 01:00:00.760]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:00.760 --> 01:00:05.800]  The following newsflash is brought to you by the Lone Star Blowdown, providing the jelly
[01:00:05.800 --> 01:00:13.600]  bulletins for the Commandes Market, Today in History, News Updates and the Inside Scoop
[01:00:13.600 --> 01:00:21.440]  into the Tides of the Alternative.
[01:00:21.440 --> 01:00:28.720]  Markets for Wednesday 15 November 2017, closed with gold at $1,278.33 an ounce, silver $17
[01:00:28.720 --> 01:00:37.320]  an ounce, Texas Crude $55.70 a barrel, Bitcoin is about $7,295 and Dashcoin is about $421
[01:00:37.320 --> 01:00:43.760]  US Fiat.
[01:00:43.760 --> 01:00:48.160]  Today in History, the year 1920, the first assembly of the League of Nations is held
[01:00:48.160 --> 01:00:54.560]  in Geneva, Switzerland, Today in History.
[01:00:54.560 --> 01:00:59.400]  In recent news, in a statement almost in parody of the popular TV series Game of Thrones,
[01:00:59.400 --> 01:01:05.160]  24-year-old Suyash Dixit, a man from Central India and CEO of the Indian-based technology
[01:01:05.160 --> 01:01:10.920]  company, Softonator, proclaimed, I, Suyash Dixit, first of my name and the protector
[01:01:10.920 --> 01:01:16.640]  of the realm, declare myself as the king of the kingdom of Dixit, I declare this unclaimed
[01:01:16.640 --> 01:01:21.280]  land, the Beer Tawil, as my country from now to eternity of time.
[01:01:21.280 --> 01:01:26.680]  I pledge to continue to work for the prosperity of my people of the country of this motherland.
[01:01:26.680 --> 01:01:32.080]  In effect, Lane claimed to an 800 square mile strip of land known as Barak Tawil that has
[01:01:32.080 --> 01:01:36.760]  been described as the only place on earth that is habitable but not claimed by any government.
[01:01:36.760 --> 01:01:41.280]  Dixit explained that, quote, following the early civilization ethics and rule, if you
[01:01:41.280 --> 01:01:44.200]  want to claim a land, then you need to grow crops on it.
[01:01:44.200 --> 01:01:47.320]  I've added a seed and poured some water on it today.
[01:01:47.320 --> 01:01:48.320]  It is mine.
[01:01:48.320 --> 01:01:52.960]  Dixit plans to govern the kingdom online where potential citizens can apply for citizenship
[01:01:52.960 --> 01:01:54.320]  or a position in government.
[01:01:54.320 --> 01:02:00.040]  The United Nations has four criteria for statehood, a permanent population, a defined territory,
[01:02:00.040 --> 01:02:03.600]  a government, and the ability to enter into relations with another state.
[01:02:03.600 --> 01:02:06.780]  It appears that the kingdom of Dixit has all but the first.
[01:02:06.780 --> 01:02:10.200]  The spontaneous rise of sovereign state seems to be a growing trend.
[01:02:10.200 --> 01:02:14.320]  For example, in 2015, a libertarian activist from the Czech Republic established the Free
[01:02:14.320 --> 01:02:19.160]  Republic of Liberland on a disputed territory between Siberia and Croatia.
[01:02:19.160 --> 01:02:28.320]  Hundreds of people have allegedly already filed application for the new kingdom of Dixit.
[01:02:28.320 --> 01:02:32.400]  Land conditions for the annual and limited media showers should be at their best late
[01:02:32.400 --> 01:02:36.320]  into the 17th and early in the morning, hours of the 18th.
[01:02:36.320 --> 01:02:41.120]  All workers away from city lights should expect to see anywhere from 10 to 25 meteors an hour.
[01:02:41.120 --> 01:02:45.480]  The showers named after the constellation Leo, the lion, because they seem to emanate
[01:02:45.480 --> 01:02:47.280]  from that region in the sky.
[01:02:47.280 --> 01:02:50.280]  It is the northeastern part of the horizon.
[01:02:50.280 --> 01:03:20.120]  This is full-protein with your lowdown from November 15, 2017.
[01:03:20.120 --> 01:03:21.640]  Okay.
[01:03:21.640 --> 01:03:22.640]  We are back.
[01:03:22.640 --> 01:03:28.640]  Randy Kelton with Law Radio, and we're talking to John in New York.
[01:03:28.640 --> 01:03:29.640]  Okay.
[01:03:29.640 --> 01:03:30.640]  Go ahead, John.
[01:03:30.640 --> 01:03:31.640]  Thank you.
[01:03:31.640 --> 01:03:32.640]  Very kindly.
[01:03:32.640 --> 01:03:35.200]  I've got a serious situation I'm going to email you with.
[01:03:35.200 --> 01:03:41.440]  I won't say it on the air because, you know, it's the life of time, but please read it
[01:03:41.440 --> 01:03:43.200]  and do your best with it.
[01:03:43.200 --> 01:03:48.320]  It's a very serious situation, and I'll email that to you tonight and, you know, pick it
[01:03:48.320 --> 01:03:49.320]  up sometime.
[01:03:49.320 --> 01:03:50.320]  Okay.
[01:03:50.320 --> 01:03:51.320]  Whenever you get time.
[01:03:51.320 --> 01:03:52.320]  Okay.
[01:03:52.320 --> 01:03:53.320]  Here's the question.
[01:03:53.320 --> 01:03:54.320]  There's a question.
[01:03:54.320 --> 01:03:58.800]  Traffic violation is handled in, you tell me if this is all true or false.
[01:03:58.800 --> 01:04:03.360]  Traffic violations are handled in criminal court in New York State.
[01:04:03.360 --> 01:04:08.680]  If that's true, according to the New York State Constitution, a person, because it's
[01:04:08.680 --> 01:04:14.720]  a crime, technically it's a crime, a person must be given an information or an indictment.
[01:04:14.720 --> 01:04:19.720]  And since they're given neither one, they're given a traffic ticket, that's not a proper
[01:04:19.720 --> 01:04:25.040]  charging instrument, according to what I understand, and therefore the court has no jurisdiction.
[01:04:25.040 --> 01:04:26.040]  That's a violation.
[01:04:26.040 --> 01:04:27.040]  Okay.
[01:04:27.040 --> 01:04:34.320]  In most codes, there is an exception in law for Class C misdemeanor that a Class C misdemeanor
[01:04:34.320 --> 01:04:39.400]  can be prosecuted on the citation.
[01:04:39.400 --> 01:04:41.600]  And I suspect New York has that.
[01:04:41.600 --> 01:04:43.720]  I know Texas does.
[01:04:43.720 --> 01:04:46.200]  And most states I've looked at does.
[01:04:46.200 --> 01:04:51.680]  You have to understand, most states are just like Texas, proportion wise.
[01:04:51.680 --> 01:05:02.080]  Texas has about eight and a half million criminal cases filed a year, 6.6 million are traffic
[01:05:02.080 --> 01:05:03.080]  tickets.
[01:05:03.080 --> 01:05:05.200]  Yeah, traffic tickets, yeah.
[01:05:05.200 --> 01:05:13.160]  So by making this one little adjustment, they relieve themselves of a tremendous judicial
[01:05:13.160 --> 01:05:15.720]  burden.
[01:05:15.720 --> 01:05:20.160]  So the cop and also so the cop can write a ticket and sends you on your way and go write
[01:05:20.160 --> 01:05:23.560]  another one and another one and another one, he doesn't have to go through all this due
[01:05:23.560 --> 01:05:24.560]  process stuff.
[01:05:24.560 --> 01:05:28.480]  It doesn't have to bring you for a magistrate, it's a prosecutor.
[01:05:28.480 --> 01:05:34.280]  He don't have to take all these complaints and reduce them to informations.
[01:05:34.280 --> 01:05:37.000]  They just do everything off the ticket.
[01:05:37.000 --> 01:05:44.240]  The adjudicative expediency has generally, the states have a statute that authorizes
[01:05:44.240 --> 01:05:45.240]  that.
[01:05:45.240 --> 01:05:52.520]  Okay, but here's what I, my observation, New York state constitution does one thing and
[01:05:52.520 --> 01:05:56.440]  the statute or the legislation says something else.
[01:05:56.440 --> 01:06:02.400]  It's contrary to the constitution, therefore it isn't that null and void.
[01:06:02.400 --> 01:06:08.760]  One thing in Texas, it's one of the arguments I hadn't took on yet, the Texas constitution
[01:06:08.760 --> 01:06:20.680]  requires an indictment for all crimes, but in practice they stopped indictments on misdemeanors.
[01:06:20.680 --> 01:06:26.640]  I can't find where they got authority to do that, but that's the practice.
[01:06:26.640 --> 01:06:30.280]  It is one of the fights I haven't taken on yet.
[01:06:30.280 --> 01:06:39.640]  Well, in New York state, I called, I did some research and I called the Ontario County district
[01:06:39.640 --> 01:06:45.720]  attorney's office and I wanted to know because the excuse comes up in court when somebody
[01:06:45.720 --> 01:06:46.720]  brings this up.
[01:06:46.720 --> 01:06:51.560]  They say, well, a traffic ticket is a shortened form of the information.
[01:06:51.560 --> 01:06:53.560]  No, it's not.
[01:06:53.560 --> 01:06:55.960]  I checked with the district attorney.
[01:06:55.960 --> 01:07:01.320]  There is so much information that is totally different from an information and a traffic
[01:07:01.320 --> 01:07:02.320]  ticket.
[01:07:02.320 --> 01:07:05.040]  They are, one is not a shortened form of the other.
[01:07:05.040 --> 01:07:10.160]  One is signed by a lawyer, which it has to be, which is the information and the other
[01:07:10.160 --> 01:07:14.480]  is signed by a police officer and you can get them for practicing law.
[01:07:14.480 --> 01:07:15.480]  Okay.
[01:07:15.480 --> 01:07:21.720]  Let me, let me explain what an information is.
[01:07:21.720 --> 01:07:26.360]  Criminal complaints are intended to be filed by ordinary people.
[01:07:26.360 --> 01:07:33.640]  The policeman, when he files a criminal accusation, does so not in his capacity as a police officer,
[01:07:33.640 --> 01:07:38.900]  but in his capacity as a credible person.
[01:07:38.900 --> 01:07:44.560]  If you, you can file a criminal complaint just like the peace officer can.
[01:07:44.560 --> 01:07:54.040]  But since you are not necessarily learned counsel, the requirements of a criminal complaint
[01:07:54.040 --> 01:07:56.440]  are not so stringent.
[01:07:56.440 --> 01:08:02.960]  So when a learned counsel gets a criminal complaint, he's to take that criminal complaint
[01:08:02.960 --> 01:08:06.720]  and put it into proper form.
[01:08:06.720 --> 01:08:11.520]  And the proper form he puts it into is called an information.
[01:08:11.520 --> 01:08:20.440]  So if you want to know what a criminal complaint in your state should look like, find an information.
[01:08:20.440 --> 01:08:23.000]  It's a criminal complaint in proper form.
[01:08:23.000 --> 01:08:28.840]  And that's the, the only difference between the complaint and the information.
[01:08:28.840 --> 01:08:40.560]  So you are right about the ticket not being a information, but it is sufficient to amount
[01:08:40.560 --> 01:08:47.760]  to a criminal accusation because they're intended to be filed by non-lawyers.
[01:08:47.760 --> 01:08:54.960]  So all they have to do is state sufficient probable cause and identify the person with
[01:08:54.960 --> 01:08:55.960]  particularity.
[01:08:55.960 --> 01:08:56.960]  Does that make sense?
[01:08:56.960 --> 01:08:57.960]  Well, that makes sense.
[01:08:57.960 --> 01:08:58.960]  Actually, it doesn't.
[01:08:58.960 --> 01:09:08.320]  It doesn't because when you write a law, it's contrary to the Constitution of the United
[01:09:08.320 --> 01:09:10.520]  States or the state.
[01:09:10.520 --> 01:09:14.880]  It's automatically null and void at its inception and it doesn't have to be proven.
[01:09:14.880 --> 01:09:15.880]  No, no, no, wait.
[01:09:15.880 --> 01:09:18.880]  That's not exactly true.
[01:09:18.880 --> 01:09:24.560]  It is applicable until it is ruled null and void.
[01:09:24.560 --> 01:09:29.600]  Yeah, but for example, we have the State Act in New York State.
[01:09:29.600 --> 01:09:35.800]  Governor Cuomo, Mr. Mario Cuomo's son there thought he was going to win his way to the
[01:09:35.800 --> 01:09:40.720]  presidency of the United States by when Sandy Hook did their thing.
[01:09:40.720 --> 01:09:41.720]  And that was all phony.
[01:09:41.720 --> 01:09:43.720]  We won't get into that.
[01:09:43.720 --> 01:09:46.440]  Sandy Hook Elementary School, the 26 kids who were shot.
[01:09:46.440 --> 01:09:49.120]  Yeah, we're all familiar with that.
[01:09:49.120 --> 01:09:55.680]  We're also very familiar with the allegations that this was a black op.
[01:09:55.680 --> 01:09:56.680]  Oh, sure.
[01:09:56.680 --> 01:10:03.120]  Anyway, but to make a long story short, he comes up with the safe act or no, not that
[01:10:03.120 --> 01:10:08.400]  I don't know if it was the safe act, but he put the screws to gun owners.
[01:10:08.400 --> 01:10:10.800]  And now we've got the safe act here in the United States.
[01:10:10.800 --> 01:10:17.840]  You see signs all along the countryside and in the cities repeal the safe act.
[01:10:17.840 --> 01:10:19.800]  You don't have to repeal the safe act.
[01:10:19.800 --> 01:10:26.960]  It's null and void at its inception because it contradicts the Constitution.
[01:10:26.960 --> 01:10:29.160]  That shall not be infringed.
[01:10:29.160 --> 01:10:30.160]  Okay.
[01:10:30.160 --> 01:10:31.160]  Okay.
[01:10:31.160 --> 01:10:33.960]  Here's the problem.
[01:10:33.960 --> 01:10:41.960]  In the real world, in order for the legal system to function, a law is not void just
[01:10:41.960 --> 01:10:45.680]  because you claim it's not constitutional.
[01:10:45.680 --> 01:10:51.880]  It only becomes void when it is declared by the courts to be unconstitutional.
[01:10:51.880 --> 01:10:52.880]  Or when...
[01:10:52.880 --> 01:10:58.040]  Yeah, but it's null and void at its inception, not when it goes to court.
[01:10:58.040 --> 01:10:59.040]  Okay.
[01:10:59.040 --> 01:11:01.000]  Here's how it works.
[01:11:01.000 --> 01:11:09.320]  If you get prosecuted under a law that's unconstitutional, but it hasn't been ruled unconstitutional,
[01:11:09.320 --> 01:11:16.040]  the courts are going to treat it as if it's a valid law until it is ruled unconstitutional.
[01:11:16.040 --> 01:11:21.000]  And once that's done, you can go back and move to have your conviction overturned.
[01:11:21.000 --> 01:11:26.760]  Well, you see, that's coming up to work real good.
[01:11:26.760 --> 01:11:27.760]  Well...
[01:11:27.760 --> 01:11:28.760]  Yeah.
[01:11:28.760 --> 01:11:35.960]  Otherwise, all somebody would have to say is, this law is unconstitutional, and then
[01:11:35.960 --> 01:11:41.920]  it becomes unenforceable, we wouldn't be able to enforce any laws.
[01:11:41.920 --> 01:11:46.960]  There has to be some reasonable medium to where we can make this system work.
[01:11:46.960 --> 01:11:52.480]  We don't like it when they come after us, but there are guys that need to be subject
[01:11:52.480 --> 01:12:00.520]  to laws that we need a way to find a balance to control things, and the Constitution doesn't
[01:12:00.520 --> 01:12:01.800]  cover everything.
[01:12:01.800 --> 01:12:08.200]  You can have a law that's perfectly constitutional, but be unconstitutional in a particular application.
[01:12:08.200 --> 01:12:16.920]  I just want to see what you're saying, but so if that's the case, so does my little thing
[01:12:16.920 --> 01:12:21.000]  about the traffic violation being handled in criminal court, and if it's criminal court
[01:12:21.000 --> 01:12:26.800]  it has to be an information or an indictment, does that hold water, and then you're...
[01:12:26.800 --> 01:12:36.040]  I don't know, it depends on New York law, and Texas law authorizes a prosecution on
[01:12:36.040 --> 01:12:41.520]  the complaint, the ticket as a complaint.
[01:12:41.520 --> 01:12:46.760]  We have statute to that effect, now it may be unconstitutional, but it has never been
[01:12:46.760 --> 01:12:47.760]  ruled unconstitutional.
[01:12:47.760 --> 01:12:53.480]  But until it is, it's treated as if it is constitutional.
[01:12:53.480 --> 01:13:00.080]  Well, what was that saying that you always talk about with the truck drivers and dead...
[01:13:00.080 --> 01:13:01.080]  Deadheading.
[01:13:01.080 --> 01:13:02.080]  Deadheading.
[01:13:02.080 --> 01:13:03.080]  Deadheading.
[01:13:03.080 --> 01:13:10.000]  And I'm familiar with CPL, that's commercial license, and so on and so forth.
[01:13:10.000 --> 01:13:15.880]  Now, what's that saying about the traffic ticket not staying on its face whether or not
[01:13:15.880 --> 01:13:19.920]  you are part of the statutory scheme of things?
[01:13:19.920 --> 01:13:29.600]  Exactly, if a citation says that you were exceeding the posted speed limit, the speed
[01:13:29.600 --> 01:13:42.240]  limit is 45, and you were driving at 55, that's insufficient, because it would have to say
[01:13:42.240 --> 01:13:52.600]  that I observed the individual, he had products or commodities or people in the individual,
[01:13:52.600 --> 01:14:01.760]  in the vehicle, and when I investigated, I found that the operator was transporting
[01:14:01.760 --> 01:14:06.560]  the property or commodities or persons for hire.
[01:14:06.560 --> 01:14:13.560]  Now that establishes that you fall within the statutory scheme, then you can say he
[01:14:13.560 --> 01:14:21.840]  was exceeding the posted speed limit, otherwise the complaint is insufficient on its face.
[01:14:21.840 --> 01:14:29.160]  So in other words, what you're saying is that a regular traveling driver, somebody who's
[01:14:29.160 --> 01:14:34.360]  just traveling and not driving for a living and not, you know, for hire, that he doesn't
[01:14:34.360 --> 01:14:36.840]  fall within that scheme, and therefore he can't.
[01:14:36.840 --> 01:14:40.480]  No, no, he's deadhead.
[01:14:40.480 --> 01:14:49.120]  If a CDL operator drops the load off at a warehouse and has to drive across town to
[01:14:49.120 --> 01:14:55.200]  pick up another load, all the highway patrols will tell you he's not on the log at that
[01:14:55.200 --> 01:14:56.200]  time.
[01:14:56.200 --> 01:15:02.600]  He don't have to log that trip into his logbook because he's deadhead.
[01:15:02.600 --> 01:15:07.000]  He's not in commerce, so he doesn't, he don't fall under.
[01:15:07.000 --> 01:15:11.480]  You and I, we're always deadheading.
[01:15:11.480 --> 01:15:15.360]  Deadheading means you're paying the bill to move this vehicle from this place to another
[01:15:15.360 --> 01:15:16.360]  place.
[01:15:16.360 --> 01:15:19.040]  Yeah, well I understand.
[01:15:19.040 --> 01:15:26.280]  So because of that, I don't make the connection, I understand that about the CDL and the commercial
[01:15:26.280 --> 01:15:33.000]  driver, but I don't understand why it's got to be, what has to be written on there to
[01:15:33.000 --> 01:15:38.480]  be a valid ticket for an ordinary driver?
[01:15:38.480 --> 01:15:45.960]  The officer has to state that he has evidence to indicate that you fall within the statutory
[01:15:45.960 --> 01:15:53.040]  scheme because the motor vehicle laws are a commercial code.
[01:15:53.040 --> 01:15:57.200]  That's true, yeah.
[01:15:57.200 --> 01:16:01.400]  They regulate commerce.
[01:16:01.400 --> 01:16:08.760]  In order for you to fall under the statutory scheme, you'd have to be in commerce.
[01:16:08.760 --> 01:16:17.600]  And there have to be evidence alleged that meets all of the elements required to establish
[01:16:17.600 --> 01:16:20.360]  that you're in commerce.
[01:16:20.360 --> 01:16:28.520]  You're operating a motor vehicle, you are transporting goods, services, or persons,
[01:16:28.520 --> 01:16:33.240]  and you are transporting them for hire.
[01:16:33.240 --> 01:16:40.000]  All three of those elements must be there to bring you under the professional conduct
[01:16:40.000 --> 01:16:41.000]  code.
[01:16:41.000 --> 01:16:42.320]  Hang on, about to go to break.
[01:16:42.320 --> 01:16:45.160]  Randy Kelton, Google Law Radio, we need to finish this up.
[01:16:45.160 --> 01:16:49.680]  I've got Brett, he's been waiting a long time and he's going to skim me alive.
[01:16:49.680 --> 01:17:00.240]  We'll pick this up on the other side, hang on, John will be right back.
[01:17:00.240 --> 01:17:01.240]  I love logos.
[01:17:01.240 --> 01:17:04.760]  Without the shows on this network, I'd be almost as ignorant as my friends.
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[01:17:52.240 --> 01:17:55.960]  Giving without doing anything or spending any money, this is perfect.
[01:17:55.960 --> 01:17:56.960]  Thank you so much.
[01:17:56.960 --> 01:17:58.440]  We are logos.
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[01:18:57.560 --> 01:19:12.520]  It ends November 20th.
[01:19:27.560 --> 01:19:33.160]  Okay, we are back.
[01:19:33.160 --> 01:19:38.920]  Randy Kelton, Rue La Radio, and we're talking to John in New York.
[01:19:38.920 --> 01:19:41.160]  Okay, John, go ahead.
[01:19:41.160 --> 01:19:44.720]  We need to move along.
[01:19:44.720 --> 01:19:46.000]  What in the heck happened?
[01:19:46.000 --> 01:19:50.520]  I lost Borette and picked up two more callers.
[01:19:50.520 --> 01:19:52.240]  This is an active break.
[01:19:52.240 --> 01:19:53.240]  Okay.
[01:19:53.240 --> 01:19:54.240]  Okay.
[01:19:54.240 --> 01:19:57.240]  Where were we, John?
[01:19:57.240 --> 01:19:58.240]  Okay.
[01:19:58.240 --> 01:20:05.280]  The last question is, a cop writes a ticket to a non-commercial driver.
[01:20:05.280 --> 01:20:10.360]  One has to be written on the ticket to satisfy subject matter jurisdiction, I think, is the
[01:20:10.360 --> 01:20:11.840]  way you say it.
[01:20:11.840 --> 01:20:12.840]  Right?
[01:20:12.840 --> 01:20:13.840]  Yes.
[01:20:13.840 --> 01:20:19.640]  They have to state all of the elements of the crime, and all of the states presume the
[01:20:19.640 --> 01:20:24.520]  elements of commerce.
[01:20:24.520 --> 01:20:31.320]  So they're never, they don't articulate the elements of commerce.
[01:20:31.320 --> 01:20:38.160]  It must state that the officer must state facts that would give a reasonable person
[01:20:38.160 --> 01:20:45.440]  of ordinary prudence reason to believe that the person was operating a motor vehicle on
[01:20:45.440 --> 01:20:59.720]  a public thoroughfare, that the person was transporting persons, product, or commodities,
[01:20:59.720 --> 01:21:07.600]  and that he was transporting those persons, products, or commodities for hire.
[01:21:07.600 --> 01:21:15.280]  This is what must be established in order to bring you within the statutory scheme.
[01:21:15.280 --> 01:21:26.720]  Many has to go to the elements of the crime itself, but those are never there.
[01:21:26.720 --> 01:21:32.720]  So the complaint is insufficient on its face, it is insufficient to invoke the subject matter
[01:21:32.720 --> 01:21:35.560]  jurisdiction of the court.
[01:21:35.560 --> 01:21:40.640]  And what the lawyers tend to like to argue is, of course, the court has jurisdiction.
[01:21:40.640 --> 01:21:46.120]  Yes, the court has jurisdiction over such matter, that's not the issue.
[01:21:46.120 --> 01:21:53.560]  We're maintaining that the court is incompetent to rule in this case because the petitioner
[01:21:53.560 --> 01:22:08.640]  was unable to bring a bona fide claim before the court, a bona fide issue before the court.
[01:22:08.640 --> 01:22:15.080]  You have to bring something that the court can adjudicate, and they haven't brought anything
[01:22:15.080 --> 01:22:21.280]  that was sufficient to invoke the subject matter jurisdiction of the court.
[01:22:21.280 --> 01:22:26.440]  I've gotten pedantic in how I write these because the judges will say, oh, of course
[01:22:26.440 --> 01:22:27.440]  I'll have jurisdiction.
[01:22:27.440 --> 01:22:29.800]  We're saying, no, that's not what we're saying.
[01:22:29.800 --> 01:22:37.680]  We're saying you don't have legal competence because the plaintiff was unable to invoke
[01:22:37.680 --> 01:22:38.680]  your jurisdiction.
[01:22:38.680 --> 01:22:40.680]  Does that make sense, John?
[01:22:40.680 --> 01:22:44.640]  Well, I think it does when you do me a favor.
[01:22:44.640 --> 01:22:48.440]  When you have, I'm going to send you an email with a serious problem.
[01:22:48.440 --> 01:22:54.960]  And on that email, I'll remind you to write down what you just said so I have it in writing
[01:22:54.960 --> 01:23:00.800]  so I can memorize that because I'm not, there's something I'm missing, I'm missing something.
[01:23:00.800 --> 01:23:06.680]  So if you could write that down, what you just said and send that back to me on my email.
[01:23:06.680 --> 01:23:10.200]  I will look at that in the morning.
[01:23:10.200 --> 01:23:13.240]  I know that you are very busy, but do that for me.
[01:23:13.240 --> 01:23:14.240]  Thank you very much.
[01:23:14.240 --> 01:23:16.520]  God bless everybody there.
[01:23:16.520 --> 01:23:19.360]  We need more people like you.
[01:23:19.360 --> 01:23:27.040]  And America is going to, you know, wear in a handbasket because when evil happens, you
[01:23:27.040 --> 01:23:28.040]  know the same.
[01:23:28.040 --> 01:23:29.040]  Yes.
[01:23:29.040 --> 01:23:30.040]  Good people.
[01:23:30.040 --> 01:23:33.040]  Good people to do nothing.
[01:23:33.040 --> 01:23:34.040]  Yes.
[01:23:34.040 --> 01:23:36.200]  Well, we're working on that.
[01:23:36.200 --> 01:23:37.200]  Okay.
[01:23:37.200 --> 01:23:38.200]  Okay.
[01:23:38.200 --> 01:23:39.200]  Thank you, John.
[01:23:39.200 --> 01:23:41.200]  Now we're going to Adam in Texas.
[01:23:41.200 --> 01:23:42.200]  Hello, Adam.
[01:23:42.200 --> 01:23:43.200]  Hey, Randy.
[01:23:43.200 --> 01:23:44.200]  How are you doing?
[01:23:44.200 --> 01:23:45.200]  I'm doing good.
[01:23:45.200 --> 01:23:46.200]  What do you have for us today?
[01:23:46.200 --> 01:23:59.560]  Well, I have some just random miscellaneous questions just to, it helps me get my, finish
[01:23:59.560 --> 01:24:02.760]  getting my head around all this stuff and he could just give me some.
[01:24:02.760 --> 01:24:03.760]  Okay.
[01:24:03.760 --> 01:24:06.760]  I'm, I'm in a random and miscellaneous mood.
[01:24:06.760 --> 01:24:08.760]  Well, great.
[01:24:08.760 --> 01:24:09.760]  Okay.
[01:24:09.760 --> 01:24:17.480]  Can I take a complaint to a magistrate in another county on a magistrate from another
[01:24:17.480 --> 01:24:18.480]  county?
[01:24:18.480 --> 01:24:19.480]  Okay.
[01:24:19.480 --> 01:24:29.680]  You're in Texas, Attorney General opinion H 500 was a question where a magistrate was
[01:24:29.680 --> 01:24:37.600]  out of county and someone brought a complaint to the magistrate and the magistrate heard
[01:24:37.600 --> 01:24:40.280]  the complaint and issued a warrant.
[01:24:40.280 --> 01:24:47.760]  And the question was, can the magistrate issue a warrant out of county and what the Attorney
[01:24:47.760 --> 01:24:52.960]  General said and Attorney General's opinions are legal briefs.
[01:24:52.960 --> 01:25:01.920]  And what they said is a mat, any magistrate in the state of Texas can take any complaint
[01:25:01.920 --> 01:25:13.160]  state or federal misdemeanor or felony because the magistrate is not adjudicating the case.
[01:25:13.160 --> 01:25:18.560]  The magistrate is just determining the elements of probable cause.
[01:25:18.560 --> 01:25:19.560]  Okay.
[01:25:19.560 --> 01:25:23.000]  Let's take that check.
[01:25:23.000 --> 01:25:29.120]  So the short answer is a magistrate can hear any complaint felony or misdemeanor from
[01:25:29.120 --> 01:25:32.120]  anywhere within the state of Texas.
[01:25:32.120 --> 01:25:33.120]  Great.
[01:25:33.120 --> 01:25:35.120]  That's what I was hoping the answer would be.
[01:25:35.120 --> 01:25:43.240]  I figured it would probably be that because, you know, they can, you can go to a grand jury
[01:25:43.240 --> 01:25:47.920]  in any county and file a complaint of being to anybody in any other county.
[01:25:47.920 --> 01:25:49.560]  So why could you?
[01:25:49.560 --> 01:25:50.560]  Okay.
[01:25:50.560 --> 01:25:55.920]  This is what the district attorney is going to tell the grand jury.
[01:25:55.920 --> 01:26:00.800]  They're going to tell the grand jury that you are convened in this county.
[01:26:00.800 --> 01:26:05.760]  Therefore you only have jurisdiction in this county.
[01:26:05.760 --> 01:26:10.960]  And I had a meeting with the district attorney in Wise County and his assistant district
[01:26:10.960 --> 01:26:16.800]  attorney who's a law professor or it's becoming a law professor.
[01:26:16.800 --> 01:26:24.560]  And on this exact subject, we had a meeting for that purpose and she came prepared.
[01:26:24.560 --> 01:26:27.080]  And she is a really sharp attorney.
[01:26:27.080 --> 01:26:35.240]  But on this issue, I had researched it further than her and I wiped the floor with her.
[01:26:35.240 --> 01:26:45.560]  A district judge who convenes a grand jury, who impanels a grand jury, has a venue restriction.
[01:26:45.560 --> 01:26:48.520]  Originally, we had circuit judges.
[01:26:48.520 --> 01:26:57.320]  A district judge was a statewide office and he traveled around from one location to another.
[01:26:57.320 --> 01:27:07.200]  Well, after we got enough population, they ended the circuit courts and established courts
[01:27:07.200 --> 01:27:10.800]  in local jurisdictions.
[01:27:10.800 --> 01:27:18.760]  Where I'm at, the local district court handles three counties only and they all come to the
[01:27:18.760 --> 01:27:21.760]  Wise County Courthouse.
[01:27:21.760 --> 01:27:27.160]  In Tarrant County, in Dallas County, they got too many people for one judge, so they
[01:27:27.160 --> 01:27:32.240]  got multiple districts and they have overlapping venue.
[01:27:32.240 --> 01:27:36.600]  But each district judge in Texas now has a venue.
[01:27:36.600 --> 01:27:43.680]  He is a state judge, but he is restricted to a venue.
[01:27:43.680 --> 01:27:50.360]  When this judge impanels a grand jury, he impanels a statewide grand jury.
[01:27:50.360 --> 01:27:59.120]  But I can find nothing in code that restricts the venue of a grand jury to the venue of
[01:27:59.120 --> 01:28:07.440]  the district judge that impaneled a grand jury or to the county in which the grand jury
[01:28:07.440 --> 01:28:09.520]  is impaneled.
[01:28:09.520 --> 01:28:12.760]  That was the argument I brought to the table and wiped the floor with it.
[01:28:12.760 --> 01:28:14.840]  She finally said, he's right.
[01:28:14.840 --> 01:28:16.840]  This is what the code says.
[01:28:16.840 --> 01:28:22.960]  So the way I read the code, you can take a criminal complaint to any grand jury in the
[01:28:22.960 --> 01:28:25.320]  state and they will have jurisdiction.
[01:28:25.320 --> 01:28:29.400]  That's my story and I'm sticking to it.
[01:28:29.400 --> 01:28:32.840]  And also any magistrates in the state?
[01:28:32.840 --> 01:28:33.840]  Correct?
[01:28:33.840 --> 01:28:34.840]  Yes.
[01:28:34.840 --> 01:28:35.840]  Yes.
[01:28:35.840 --> 01:28:39.920]  You can take a complaint to any magistrate in the state.
[01:28:39.920 --> 01:28:45.440]  And that's all under Attorney General H-500, we'll sum that up.
[01:28:45.440 --> 01:28:50.400]  Only the matter of the justice of the piece is under H-500.
[01:28:50.400 --> 01:28:59.560]  The issue of grand jury jurisdiction, I can, or venue, I can find no case law or statutory
[01:28:59.560 --> 01:29:02.560]  law on that whatsoever.
[01:29:02.560 --> 01:29:11.400]  But H-500 says JP in any county can take the complaint for anywhere in the state.
[01:29:11.400 --> 01:29:12.400]  No.
[01:29:12.400 --> 01:29:13.400]  Oh, no.
[01:29:13.400 --> 01:29:17.400]  Well, it's written about a JP, but it addresses magistrates.
[01:29:17.400 --> 01:29:18.400]  Okay.
[01:29:18.400 --> 01:29:26.920]  The individual would happen to be a JP, but she was acting in her capacity as a magistrate.
[01:29:26.920 --> 01:29:29.400]  So the question went to magistrates.
[01:29:29.400 --> 01:29:30.400]  Okay.
[01:29:30.400 --> 01:29:34.400]  Mr. Laney, question number two.
[01:29:34.400 --> 01:29:35.400]  Okay, hang on.
[01:29:35.400 --> 01:29:36.400]  Dr. Go-to-Break.
[01:29:36.400 --> 01:29:37.400]  Randy Kelton.
[01:29:37.400 --> 01:29:38.400]  Rue La Radio.
[01:29:38.400 --> 01:29:39.400]  I'm not going to give out the calling number.
[01:29:39.400 --> 01:29:47.400]  We've only got two segments left and we've got another caller again from New York.
[01:29:47.400 --> 01:29:52.400]  So when we come back, Adam, we want to move along kind of quickly so we can get the can.
[01:29:52.400 --> 01:29:53.400]  We'll be right back.
[01:29:53.400 --> 01:29:54.400]  We'll be right back.
[01:29:54.400 --> 01:29:55.400]  Okay.
[01:29:55.400 --> 01:30:08.400]  In Wisconsin, an elderly woman who housed orphans was about to lose her home to foreclosure when
[01:30:08.400 --> 01:30:11.400]  her 12-year-old grandson came to the rescue.
[01:30:11.400 --> 01:30:16.400]  I'm Dr. Katherine Albrecht, back with the story of Noah the Dreamcatcher after this.
[01:30:16.400 --> 01:30:18.400]  Privacy is under attack.
[01:30:18.400 --> 01:30:22.400]  When you give up data about yourself, you'll never get it back again.
[01:30:22.400 --> 01:30:27.400]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.400 --> 01:30:28.400]  So protect your rights.
[01:30:28.400 --> 01:30:32.400]  Say no to surveillance and keep your information to yourself.
[01:30:32.400 --> 01:30:34.400]  Privacy, it's worth hanging onto.
[01:30:34.400 --> 01:30:40.400]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
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[01:30:45.400 --> 01:30:49.400]  For years, Janice Sparhawk cared for dozens of orphans.
[01:30:49.400 --> 01:30:54.400]  Many dropped on her doorstep after dark, but at 72, she was in trouble.
[01:30:54.400 --> 01:31:00.400]  Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.
[01:31:00.400 --> 01:31:05.400]  She appealed to her congressman, her governor, and even the president, but it was her grandson,
[01:31:05.400 --> 01:31:07.400]  Noah, who saved the day.
[01:31:07.400 --> 01:31:12.400]  The 12-year-old posted her story on a website he created three years earlier, Noah's Dreamcatcher
[01:31:12.400 --> 01:31:15.400]  Network, to help hurricane victims.
[01:31:15.400 --> 01:31:21.400]  Within days, enough money had poured in to rescue Sparhawk, her foster kids, and their faith in America.
[01:31:21.400 --> 01:31:31.400]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.400 --> 01:31:36.400]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.400 --> 01:31:38.400]  The government says that fire brought it down.
[01:31:38.400 --> 01:31:43.400]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.400 --> 01:31:46.400]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.400 --> 01:31:49.400]  Thousands of my fellow force responders are dying.
[01:31:49.400 --> 01:31:50.400]  I'm not a conspiracy theorist.
[01:31:50.400 --> 01:31:51.400]  I'm a structural engineer.
[01:31:51.400 --> 01:31:53.400]  I'm a New York City correction officer.
[01:31:53.400 --> 01:31:54.400]  I'm an Air Force pilot.
[01:31:54.400 --> 01:31:55.400]  I'm a father who lost his son.
[01:31:55.400 --> 01:31:58.400]  We are Americans, and we deserve the truth.
[01:31:58.400 --> 01:32:01.400]  Go to RememberBuilding7.org today.
[01:32:01.400 --> 01:32:03.400]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.400 --> 01:32:06.400]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.400 --> 01:32:09.400]  Come on, we all know the government caused it with their chemtrails,
[01:32:09.400 --> 01:32:11.400]  but good luck getting them to pay for it.
[01:32:11.400 --> 01:32:13.400]  Okay, I might be kidding about the chemtrails,
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[01:32:40.400 --> 01:32:45.400]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.400 --> 01:32:50.400]  So if those out-of-town roofers come knocking, your door should be locked in.
[01:32:50.400 --> 01:32:56.400]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.400 --> 01:32:59.400]  Discounts are based on full roof replacement.
[01:32:59.400 --> 01:33:02.400]  I mean, I actually be kidding about chemtrails.
[01:33:29.400 --> 01:33:35.400]  Okay, we are back.
[01:33:35.400 --> 01:33:41.400]  Randy Kelton, Rue de la Radio, and we're talking to...
[01:33:41.400 --> 01:33:43.400]  Oops, Adam in Texas.
[01:33:43.400 --> 01:33:44.400]  Hang on a minute.
[01:33:44.400 --> 01:33:45.400]  I'm having a little problem here.
[01:33:45.400 --> 01:33:50.400]  Okay, I'm running the board and everything, so I don't multitask well.
[01:33:50.400 --> 01:33:52.400]  Okay, go ahead, Adam.
[01:33:52.400 --> 01:33:54.400]  All right, I'm going to ask him quick.
[01:33:54.400 --> 01:33:58.400]  I guess just give me yes or no, and depending on your answer, I'll do the research myself.
[01:33:58.400 --> 01:34:09.400]  When traffic ticket, when the court mails you summons or pre-trial here,
[01:34:09.400 --> 01:34:14.400]  do they have to mail certified returns you've requested?
[01:34:14.400 --> 01:34:15.400]  No.
[01:34:15.400 --> 01:34:17.400]  To you?
[01:34:17.400 --> 01:34:19.400]  No, you do.
[01:34:19.400 --> 01:34:27.400]  The reason I suggest that everybody do that is in case the other side decides to lie to you.
[01:34:27.400 --> 01:34:32.400]  Lawyers are criminals.
[01:34:32.400 --> 01:34:42.400]  If you send a lawyer anything on regular mail, they're going to throw it in trash because you can't prove you sent it.
[01:34:42.400 --> 01:34:51.400]  If you were listening in early in the show, Scott sent some documents to the district court,
[01:34:51.400 --> 01:35:00.400]  and he sent a certified return receipt, and the clerk refused to sign for it.
[01:35:00.400 --> 01:35:11.400]  And now he can prove that the document was sent, where it was sent, when it was sent, and that the clerk refused to accept it.
[01:35:11.400 --> 01:35:18.400]  Then he sent the postal inspector on them, and he's got them hopping up and down.
[01:35:18.400 --> 01:35:24.400]  If he had sent it regular mail, he'd have had no way to make a claim.
[01:35:24.400 --> 01:35:27.400]  So there is no statutory requirement.
[01:35:27.400 --> 01:35:36.400]  This is something you do to make sure you can prove it was sent and received and when it was received, because the post office will tell you.
[01:35:36.400 --> 01:35:39.400]  Yes, sir.
[01:35:39.400 --> 01:35:46.400]  Say you have a constable pull you over and issue a traffic citation in Texas.
[01:35:46.400 --> 01:35:55.400]  He does not have the proper training or certification or authorization to enforce the transportation code.
[01:35:55.400 --> 01:36:05.400]  Can you ask the accuser personally to show his or her authority or slash training to enforce the transportation code?
[01:36:05.400 --> 01:36:10.400]  Yeah, you can, but he's not going to know what you're talking about.
[01:36:10.400 --> 01:36:16.400]  It was likely to lead to bad outcomes, and I suggest you not do that.
[01:36:16.400 --> 01:36:20.400]  He's going to get real excited, feel threatened and intimidated.
[01:36:20.400 --> 01:36:27.400]  He's going to call you agitated and there's a chance he's going to want to adjust your attitude.
[01:36:27.400 --> 01:36:39.400]  And I am very averse to confrontations with police because when a policeman pulls you over, you have no idea how many anabolic steroids he took this morning.
[01:36:39.400 --> 01:36:45.400]  All of this is better done at the court level.
[01:36:45.400 --> 01:36:57.400]  You file a challenge subject matter jurisdiction claim that the officer lacked authority to enforce the code and demand that the court, that the prosecution prove up the authority.
[01:36:57.400 --> 01:37:05.400]  If you don't wind up with a policeman knocking out your window and dragging you through the window, throw you in jail, all that stuff.
[01:37:05.400 --> 01:37:10.400]  Bushwack is so much better.
[01:37:10.400 --> 01:37:19.400]  But public information request, what authority would you go to, to find out if the constable had the proper authority and training?
[01:37:19.400 --> 01:37:21.400]  Would that be the T-Cost or would that be the...
[01:37:21.400 --> 01:37:34.400]  No, no, the way I read the Texas Transportation Code, the only persons authorized to enforce the code is the Texas Highway Patrol.
[01:37:34.400 --> 01:37:52.400]  And sheriff's deputies, if it's a county of less than one million, the county commissioners court can appoint 15, I'm sorry, can appoint five deputies.
[01:37:52.400 --> 01:37:56.400]  And the county commissioners court has to pay them.
[01:37:56.400 --> 01:38:13.400]  So you send an information request to the county commissioners court and ask them, say, for evidence of payment to sheriff's deputies for the enforcement of the Texas Transportation Code.
[01:38:13.400 --> 01:38:16.400]  They're going to tell you they don't have any.
[01:38:16.400 --> 01:38:25.400]  If it's a municipal officer, there's nothing in law that authorizes a municipal officer to enforce the transportation code.
[01:38:25.400 --> 01:38:28.400]  Nothing.
[01:38:28.400 --> 01:38:40.400]  If you go to traffictickets.trafficticket.website, put in ticket information, I'll download you a whole stack of documents and all of these issues are addressed.
[01:38:40.400 --> 01:38:47.400]  And the documents themselves explain the issues pretty well.
[01:38:47.400 --> 01:38:49.400]  All right, that'll work.
[01:38:49.400 --> 01:38:55.400]  And the traffic ticket, can the clerk be the affiant on the complaint for traffic violation?
[01:38:55.400 --> 01:38:58.400]  Yes.
[01:38:58.400 --> 01:39:08.400]  If you come to me and say, I got this next door neighbor, and I saw him shoot somebody in the backyard and bury him.
[01:39:08.400 --> 01:39:10.400]  But I am terrified at this guy.
[01:39:10.400 --> 01:39:14.400]  There is no way I'm going to the police about this.
[01:39:14.400 --> 01:39:25.400]  If I believe you, then I can go file a criminal complaint based on the information you gave me.
[01:39:25.400 --> 01:39:27.400]  A clerk can do the same thing.
[01:39:27.400 --> 01:39:33.400]  So yes, a clerk can sign the criminal complaint.
[01:39:33.400 --> 01:39:43.400]  Okay, with that said, we can make her wish she hadn't, but we can do that.
[01:39:43.400 --> 01:39:46.400]  Yes, sir.
[01:39:46.400 --> 01:39:52.400]  On a traffic ticket, is the first appearance when they, you know, appear on or before?
[01:39:52.400 --> 01:39:58.400]  Is the first appearance, is it required physically in person or can you do it over the phone?
[01:39:58.400 --> 01:40:04.400]  It's generally required in person unless you're going to pay the fine.
[01:40:04.400 --> 01:40:12.400]  It's in the code that if you pay the fine, you don't have to appear.
[01:40:12.400 --> 01:40:27.400]  So what if you didn't appear on the original appearance date and you entered the plea and you're not paying the fine?
[01:40:27.400 --> 01:40:33.400]  I'm not sure what you're asking me.
[01:40:33.400 --> 01:40:37.400]  If you don't enter a plea, they'll enter a plea for you.
[01:40:37.400 --> 01:40:45.400]  There's other procedures I suggest is you engage them and get them to screw up all they can.
[01:40:45.400 --> 01:40:50.400]  Get the clerk to ask you for a plea.
[01:40:50.400 --> 01:40:56.400]  As soon as she asks you for a plea, she's committed impersonating a public official.
[01:40:56.400 --> 01:40:59.400]  And then depends on how much fight you want to have.
[01:40:59.400 --> 01:41:03.400]  If you don't give the clerk a plea, she'll enter one for you.
[01:41:03.400 --> 01:41:07.400]  It will not affect your rights in any way.
[01:41:07.400 --> 01:41:09.400]  So you can fight that fight if you want to.
[01:41:09.400 --> 01:41:19.400]  Ideally, I wouldn't fight that fight and I suggest people not because it distracts us from the really important issues.
[01:41:19.400 --> 01:41:27.400]  So you would suggest showing up physically on the appearance date and not entering a plea and filing the proper paper?
[01:41:27.400 --> 01:41:28.400]  No, no, no.
[01:41:28.400 --> 01:41:29.400]  Go ahead and enter the plea.
[01:41:29.400 --> 01:41:32.400]  It doesn't mean a thing.
[01:41:32.400 --> 01:41:36.400]  Unless you want to have that fight.
[01:41:36.400 --> 01:41:44.400]  And if you don't enter a plea, then I have a questionnaire that goes to all of the things the clerk can possibly do.
[01:41:44.400 --> 01:41:51.400]  And everything she does wrong, we produce criminal complaints to address it.
[01:41:51.400 --> 01:41:53.400]  Yes, sir.
[01:41:53.400 --> 01:41:58.400]  I like interacting with them because I give them opportunities to screw up.
[01:41:58.400 --> 01:42:00.400]  Right, right.
[01:42:00.400 --> 01:42:02.400]  Nobody's scared to pick a fight.
[01:42:02.400 --> 01:42:06.400]  That's the whole point, I believe.
[01:42:06.400 --> 01:42:13.400]  Well, using these documents, we pick a subtle fight because we do everything in writing.
[01:42:13.400 --> 01:42:17.400]  This will write the documents to your information.
[01:42:17.400 --> 01:42:28.400]  It'll put your name, your address, the court, the cop's name, all of that will be put in these documents.
[01:42:28.400 --> 01:42:29.400]  So it's written for you.
[01:42:29.400 --> 01:42:33.400]  If you file it with the court, you don't have to go down there and physically fight with them.
[01:42:33.400 --> 01:42:42.400]  If you go down there and the judge wants you to read the motions, you object that you ask the court to read the motions.
[01:42:42.400 --> 01:42:53.400]  And you object to any oral argument because the oral argument would put you as a pro se at a distinct disadvantage opposed to learning counsel.
[01:42:53.400 --> 01:42:58.400]  So you ask the court to rule on the pleadings.
[01:42:58.400 --> 01:43:05.400]  And then make sure you insist that the court read the pleadings.
[01:43:05.400 --> 01:43:08.400]  You have a right to that.
[01:43:08.400 --> 01:43:11.400]  That's part of your process.
[01:43:11.400 --> 01:43:14.400]  It goes to 17th Amendment.
[01:43:14.400 --> 01:43:18.400]  You write the petition to court for redress and grievance.
[01:43:18.400 --> 01:43:21.400]  Okay.
[01:43:21.400 --> 01:43:24.400]  When you have any other questions, did that make sense?
[01:43:24.400 --> 01:43:26.400]  Yeah.
[01:43:26.400 --> 01:43:31.400]  Yes, sir. And I'm going to go back and review it all again.
[01:43:31.400 --> 01:43:40.400]  When you petition an officer with a complaint, if he does...
[01:43:40.400 --> 01:43:41.400]  Wait a minute.
[01:43:41.400 --> 01:43:42.400]  Wait a minute.
[01:43:42.400 --> 01:43:43.400]  I'm sorry.
[01:43:43.400 --> 01:43:44.400]  We are out of time.
[01:43:44.400 --> 01:43:45.400]  We've got to go to break.
[01:43:45.400 --> 01:43:48.400]  And I've got two more callers and only one segment.
[01:43:48.400 --> 01:43:51.400]  So I need to close this up for tonight.
[01:43:51.400 --> 01:43:54.400]  Call us back next week, Thursday or Friday.
[01:43:54.400 --> 01:43:57.400]  We'll be right back.
[01:44:24.400 --> 01:44:31.400]  We'll be right back.
[01:44:54.400 --> 01:45:01.400]  But our powder seeds and oil can do for you only at hempusa.org.
[01:45:24.400 --> 01:45:31.400]  We'll be right back.
[01:45:54.400 --> 01:46:01.400]  We'll be right back.
[01:46:25.400 --> 01:46:26.400]  Okay.
[01:46:26.400 --> 01:46:27.400]  We are back.
[01:46:27.400 --> 01:46:30.400]  Randy Kelton, Rue La Radio.
[01:46:30.400 --> 01:46:33.400]  And we're going to Brett in Texas.
[01:46:33.400 --> 01:46:34.400]  Hello, Brett.
[01:46:34.400 --> 01:46:37.400]  What do you have for us today?
[01:46:37.400 --> 01:46:38.400]  Hello.
[01:46:38.400 --> 01:46:40.400]  Is that really you?
[01:46:40.400 --> 01:46:46.400]  I'm in the blushing flood.
[01:46:46.400 --> 01:46:47.400]  Wow.
[01:46:47.400 --> 01:46:48.400]  All right.
[01:46:48.400 --> 01:46:58.400]  So I've got a Monday morning appointment to go and revisit an old case.
[01:46:58.400 --> 01:47:05.400]  This is a case that I had actually forgotten about until some more recent years.
[01:47:05.400 --> 01:47:11.400]  People, these officers, writing up DWL with previous convictions.
[01:47:11.400 --> 01:47:18.400]  But they're actually, I don't know how they can call it a conviction because it's just,
[01:47:18.400 --> 01:47:20.400]  I never went there.
[01:47:20.400 --> 01:47:29.400]  And at least it's not, my recollection, there may be two different cases or these might be
[01:47:29.400 --> 01:47:30.400]  one.
[01:47:30.400 --> 01:47:37.400]  And I've got, I'm looking for your input on what kind of questions I can ask or how do
[01:47:37.400 --> 01:47:39.400]  I approach them to even.
[01:47:39.400 --> 01:47:43.400]  Who wrote, who wrote the, who wrote the citation?
[01:47:43.400 --> 01:47:49.400]  It was a Richardson municipal police officer.
[01:47:49.400 --> 01:47:55.400]  Do a request for authority to enforce.
[01:47:55.400 --> 01:48:01.400]  Well, but I'm saying, when I go in on Monday morning, this is, I don't know if you recall,
[01:48:01.400 --> 01:48:06.400]  but we had a, there was a warrant out for my arrest on this.
[01:48:06.400 --> 01:48:08.400]  And I discovered that.
[01:48:08.400 --> 01:48:12.400]  And then you suggested to me, I didn't even know I could do this, but I go into the court
[01:48:12.400 --> 01:48:14.400]  and say, Hey, I'm here.
[01:48:14.400 --> 01:48:15.400]  I hear there's a warrant.
[01:48:15.400 --> 01:48:17.400]  I'd like, if there is, I want to take care of it.
[01:48:17.400 --> 01:48:18.400]  And that's what I did.
[01:48:18.400 --> 01:48:24.400]  And they set up a time the judge wasn't available and said, well, I would have to come back.
[01:48:24.400 --> 01:48:29.400]  And that's going to be, that's coming up on Monday, Monday morning.
[01:48:29.400 --> 01:48:33.400]  And I'm looking through the paperwork.
[01:48:33.400 --> 01:48:36.400]  Everything they have is really skimpy.
[01:48:36.400 --> 01:48:40.400]  And it doesn't give any, there's no complaint.
[01:48:40.400 --> 01:48:44.400]  Wait, how long ago was this?
[01:48:44.400 --> 01:48:45.400]  Two and a half years.
[01:48:45.400 --> 01:48:47.400]  I guess.
[01:48:47.400 --> 01:48:53.400]  Is the officer still in the employee of the jurisdiction?
[01:48:53.400 --> 01:48:55.400]  I don't know.
[01:48:55.400 --> 01:48:56.400]  Good chance is not.
[01:48:56.400 --> 01:49:02.400]  I would suggest that you prepare and file a challenge, subject matter jurisdiction.
[01:49:02.400 --> 01:49:04.400]  Okay.
[01:49:04.400 --> 01:49:11.400]  And have you downloaded the documents off the website?
[01:49:11.400 --> 01:49:13.400]  No, I haven't.
[01:49:13.400 --> 01:49:14.400]  Okay.
[01:49:14.400 --> 01:49:20.400]  Go to the website, put in your ticket information and I'll download you all the documents.
[01:49:20.400 --> 01:49:23.400]  Let's take the whole stack and file them.
[01:49:23.400 --> 01:49:32.400]  I guess what I'm asking though, how do I, when I'm going back to something that I can't remember from so long ago, and I don't think it's even been
[01:49:32.400 --> 01:49:38.400]  updated, how do I find that out from that long ago?
[01:49:38.400 --> 01:49:44.400]  You look at the public record, pull the file.
[01:49:44.400 --> 01:49:49.400]  When I went to the court clerk and asked her to show me everything she's got, she didn't have anything.
[01:49:49.400 --> 01:49:53.400]  She had some correspondence that they had sent to me.
[01:49:53.400 --> 01:50:00.400]  And she referenced some correspondence I sent to her, but somehow she didn't have it in there.
[01:50:00.400 --> 01:50:09.400]  When you go back tomorrow or Monday or whenever, do you want to see the file?
[01:50:09.400 --> 01:50:18.400]  The judge, if you're there at the time of a hearing, the judge is going to have the file and you ask the court to examine the file.
[01:50:18.400 --> 01:50:19.400]  Okay.
[01:50:19.400 --> 01:50:25.400]  And if there's no complaint in there, you move to dismiss.
[01:50:25.400 --> 01:50:27.400]  Okay.
[01:50:27.400 --> 01:50:32.400]  Which reminds me, you were talking about a complete citation with a previous clerk.
[01:50:32.400 --> 01:50:33.400]  Yes.
[01:50:33.400 --> 01:50:35.400]  In Texas, I was looking at it.
[01:50:35.400 --> 01:50:46.400]  Code of Criminal Procedures 45.018, and a citation is not good enough, but a defendant can waive that.
[01:50:46.400 --> 01:50:50.400]  It's authorized in the transportation code.
[01:50:50.400 --> 01:50:54.400]  You're looking in the Code of Criminal Procedure.
[01:50:54.400 --> 01:50:56.400]  Okay.
[01:50:56.400 --> 01:51:02.400]  This is a transportation issue, so Code of Criminal Procedure doesn't exactly apply.
[01:51:02.400 --> 01:51:09.400]  It does to some degree, but as to the charging instrument and how the charges are made,
[01:51:09.400 --> 01:51:16.400]  that the transportation code applies instead of the Code of Criminal Procedure.
[01:51:16.400 --> 01:51:20.400]  Okay.
[01:51:20.400 --> 01:51:26.400]  All right, well, so I need to ask them to see the file.
[01:51:26.400 --> 01:51:38.400]  Is there a possibility that I'm going to be forced to make some kind of a plea or answer or something before I can even have a chance to figure out what all that is?
[01:51:38.400 --> 01:51:43.400]  Or something I can demand some time to take a look at what they've got?
[01:51:43.400 --> 01:51:47.400]  Sort of the same idea as you were saying about the prize.
[01:51:47.400 --> 01:51:50.400]  Entering a plea means nothing.
[01:51:50.400 --> 01:51:54.400]  Entering a plea does not change your rights in any way.
[01:51:54.400 --> 01:51:59.400]  Doesn't give them any jurisdiction they wouldn't otherwise have.
[01:51:59.400 --> 01:52:03.400]  So it doesn't hurt anything to enter a plea.
[01:52:03.400 --> 01:52:04.400]  Okay.
[01:52:04.400 --> 01:52:09.400]  And almost certainly what they're going to want to do is set a hearing date.
[01:52:09.400 --> 01:52:15.400]  Well, it's fine as long as they don't try to take some bond money that I can't afford.
[01:52:15.400 --> 01:52:17.400]  Okay.
[01:52:17.400 --> 01:52:20.400]  Don't know what they'll do in that record.
[01:52:20.400 --> 01:52:31.400]  But request to see the file and you want a copy of the entire file.
[01:52:31.400 --> 01:52:40.400]  Because you want to be able to establish what's in the file on the day you're there.
[01:52:40.400 --> 01:52:51.400]  It's not on the file on the day you're there and they come up with something later than its trash.
[01:52:51.400 --> 01:52:52.400]  Okay.
[01:52:52.400 --> 01:52:58.400]  That makes sense.
[01:52:58.400 --> 01:52:59.400]  Okay.
[01:52:59.400 --> 01:53:02.400]  Have anything else?
[01:53:02.400 --> 01:53:03.400]  One other comment.
[01:53:03.400 --> 01:53:07.400]  You mentioned about the county with a population of one million.
[01:53:07.400 --> 01:53:10.400]  It's five and it's not one million.
[01:53:10.400 --> 01:53:11.400]  It's two million.
[01:53:11.400 --> 01:53:16.400]  The county has to get up to a population of two million before they can get outside that requirement of five.
[01:53:16.400 --> 01:53:17.400]  No, it is.
[01:53:17.400 --> 01:53:18.400]  Okay.
[01:53:18.400 --> 01:53:19.400]  I could have been wrong on that.
[01:53:19.400 --> 01:53:20.400]  I was wrong ones.
[01:53:20.400 --> 01:53:21.400]  Please.
[01:53:21.400 --> 01:53:22.400]  Okay.
[01:53:22.400 --> 01:53:23.400]  So it's two million.
[01:53:23.400 --> 01:53:24.400]  That's even better.
[01:53:24.400 --> 01:53:25.400]  Even better.
[01:53:25.400 --> 01:53:33.400]  But at the end of the day, it doesn't matter because I have never found a jurisdiction that has appointed any sheriff's deputies.
[01:53:33.400 --> 01:53:36.400]  Right.
[01:53:36.400 --> 01:53:38.400]  So they just don't do that.
[01:53:38.400 --> 01:53:47.400]  So when you make that request, then, you know, all these guys are ripe for a subject matter jurisdiction challenge.
[01:53:47.400 --> 01:53:48.400]  Great.
[01:53:48.400 --> 01:53:53.400]  There is one thing I wanted to ask you, one other thing about Monday morning.
[01:53:53.400 --> 01:53:57.400]  Would I want to be demanding an examining trial at that point?
[01:53:57.400 --> 01:54:02.400]  Like I walk into the open court and say, I'm here for an examining trial?
[01:54:02.400 --> 01:54:03.400]  Exactly.
[01:54:03.400 --> 01:54:08.400]  And then if they are not up for doing that, they're not willing to do an examining trial,
[01:54:08.400 --> 01:54:15.400]  then I've got not only the subject manager section that I've come back with, but I also can start selling some complaints.
[01:54:15.400 --> 01:54:17.400]  Yes.
[01:54:17.400 --> 01:54:18.400]  Okay.
[01:54:18.400 --> 01:54:28.400]  If you download the package I've got, it's got the complaints already in it.
[01:54:28.400 --> 01:54:31.400]  Okay.
[01:54:31.400 --> 01:54:33.400]  Thank you very much.
[01:54:33.400 --> 01:54:34.400]  I appreciate it.
[01:54:34.400 --> 01:54:35.400]  Okay.
[01:54:35.400 --> 01:54:36.400]  Thank you, Brad.
[01:54:36.400 --> 01:54:37.400]  Okay.
[01:54:37.400 --> 01:54:42.400]  Now we'll go into Ken in New York.
[01:54:42.400 --> 01:54:43.400]  There we go.
[01:54:43.400 --> 01:54:45.400]  Hello, Ken.
[01:54:45.400 --> 01:54:47.400]  Yes, I'm here.
[01:54:47.400 --> 01:54:55.400]  I was listening to your other caller and you know what I would suggest these people call up and they're in a panic.
[01:54:55.400 --> 01:55:03.400]  But it would be a lot easier on them if they learned how to use the resources, like for example, in New York.
[01:55:03.400 --> 01:55:22.400]  I think we have an excellent system of pro say departments inside the courts where they have a person that will sit there and they will answer your questions as long as you formulate the questions so that it doesn't look like you're asking for advice.
[01:55:22.400 --> 01:55:26.400]  That's what I learned in my case.
[01:55:26.400 --> 01:55:35.400]  If you say, for example, I sent them my answer and they haven't responded to any to me yet.
[01:55:35.400 --> 01:55:40.400]  And is the ball in my court now or is it in their court?
[01:55:40.400 --> 01:55:49.400]  They're supposed to respond and they haven't responded within the 20 days and the pro say clerks would know until they respond to you, their responsibility.
[01:55:49.400 --> 01:55:58.400]  So you can get advice if you formulate your question properly so it doesn't sound like you're looking for advice.
[01:55:58.400 --> 01:56:13.400]  The problem with that is in order to be able to effectively frame a question that way, you'd have to know enough about law that would probably preclude you needing to ask the question.
[01:56:13.400 --> 01:56:16.400]  That's kind of a conundrum.
[01:56:16.400 --> 01:56:24.400]  I didn't, I know, but I really didn't at the time, but I had asked them several questions like what should I do?
[01:56:24.400 --> 01:56:27.400]  And immediately it was like a slapdown.
[01:56:27.400 --> 01:56:31.400]  So then I started to think about how to ask the question.
[01:56:31.400 --> 01:56:39.400]  And as far as you're the caller in New York, I have a couple screens up on my computer here where you were talking to them.
[01:56:39.400 --> 01:56:46.400]  When he talked about the Constitution, it's a waste of time trying to raise a Constitution in these courts.
[01:56:46.400 --> 01:56:52.400]  And all you have to do is look at 28 U.S.C. 3002, scroll down to section 15.
[01:56:52.400 --> 01:56:56.400]  This is on law.cornell.edu.
[01:56:56.400 --> 01:57:07.400]  And it says, United States means, A, a federal corporation, B, an agency department commissioner of the entity of the federal, the United States.
[01:57:07.400 --> 01:57:10.400]  It rolls right back around on itself.
[01:57:10.400 --> 01:57:18.400]  And then it says an instrumentality of the United States.
[01:57:18.400 --> 01:57:20.400]  Okay, I didn't get the point of that.
[01:57:20.400 --> 01:57:28.400]  Well, the point of it is that the United States is a corporation.
[01:57:28.400 --> 01:57:29.400]  Okay.
[01:57:29.400 --> 01:57:32.400]  The Constitution doesn't really apply anymore.
[01:57:32.400 --> 01:57:36.400]  Oh, where do you, how do you get that?
[01:57:36.400 --> 01:57:43.400]  What does the fact that it's a corporation have to do with any of that?
[01:57:43.400 --> 01:57:45.400]  A federal corporation?
[01:57:45.400 --> 01:57:52.400]  I don't believe that the federal government was originally created to be a corporation or a company, like the East India Company.
[01:57:52.400 --> 01:57:53.400]  Yeah, I know.
[01:57:53.400 --> 01:57:55.400]  But we're talking law here.
[01:57:55.400 --> 01:58:00.400]  And one of the things that keeps stressing is never make a proactive statement of law of your own mouth.
[01:58:00.400 --> 01:58:12.400]  How does the fact that the state or the federal government is a corporation affect the applicability of the Constitution?
[01:58:12.400 --> 01:58:18.400]  Well, I'm of the opinion that there's two parallel governments going on here.
[01:58:18.400 --> 01:58:22.400]  That's my own opinion based on what I've read.
[01:58:22.400 --> 01:58:30.400]  And I tend to agree with that, and that's going to have to be our last remark of the show.
[01:58:30.400 --> 01:58:31.400]  We are out of time.
[01:58:31.400 --> 01:58:36.400]  This is, and thank you, Ken, and don't be a stranger.
[01:58:36.400 --> 01:58:41.400]  Randy Kelkin, Real Law Radio, we'll be back next, no, we won't be back next week.
[01:58:41.400 --> 01:58:43.400]  It's Thanksgiving.
[01:58:43.400 --> 01:58:45.400]  We'll be putting in some archives.
[01:58:45.400 --> 01:58:47.400]  Week after next, we'll be back.
[01:58:47.400 --> 01:58:48.400]  Same time, same station.
[01:58:48.400 --> 01:58:49.400]  Thank you for listening.
[01:58:49.400 --> 01:58:50.400]  Good night.
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