ROL_2017-12-15_16k_Hr3-4.timecode

[00:00.000 --> 00:06.000]  The following news flash is brought to you by The Lone Star Lowdown, providing the Delhi
[00:06.000 --> 00:13.600]  bulletins for the commodities market, Today in History, News Updates, and the inside scoop
[00:13.600 --> 00:21.520]  into the tides of the alternative.
[00:21.520 --> 00:29.520]  Markets for Wednesday 6th of December 2017 closed with gold at $1,263.31, silver $15.95
[00:29.520 --> 00:37.160]  announced, Texas Crude $57.62 a barrel, Bitcoin is at an all-time high at $13,670 U.S. currency
[00:37.160 --> 00:43.680]  and Dashcoin is about $715 U.S. fiat.
[00:43.680 --> 00:49.520]  Today in History, the year 1897, London becomes the world's first city to host licensed taxi
[00:49.520 --> 00:50.520]  cabs.
[00:50.520 --> 00:53.680]  Today in History.
[00:53.680 --> 00:57.000]  In recent news, President Trump said from the diplomatic reception room of the White
[00:57.000 --> 01:01.040]  House earlier today that the United States will formally recognize Jerusalem as the capital
[01:01.040 --> 01:05.400]  of Israel with announcing preparations to move the United States embassy from Tel Aviv
[01:05.400 --> 01:06.920]  to the city of God.
[01:06.920 --> 01:11.960]  Trump stated that quote, Today we finally acknowledge the obvious that Jerusalem is Israel's capital.
[01:11.960 --> 01:15.120]  This is nothing more or less than a recognition of reality.
[01:15.120 --> 01:19.200]  It is also the right thing to do, something that has to be done.
[01:19.200 --> 01:23.080]  Everyone from Pope Francis, the Chinese Foreign Minister, and European leaders have voiced
[01:23.080 --> 01:25.760]  their concerns with this decision from President Trump.
[01:25.760 --> 01:29.920]  Federica Morgani, High Representative of the European Union for an Affairs and Security
[01:29.920 --> 01:34.760]  Policy made clear that Europe saw the President's decision as a threat to peace in the Middle
[01:34.760 --> 01:35.760]  East.
[01:35.760 --> 01:39.760]  Stating that quote, We believe that any action that would undermine these efforts must absolutely
[01:39.760 --> 01:40.760]  be avoided.
[01:40.760 --> 01:45.280]  A way must be found through negotiations to resolve the status of Jerusalem as a future
[01:45.280 --> 01:47.000]  capital of both states.
[01:47.000 --> 01:50.720]  Former Director of the CIA under the Obama administration, John O'Brennan, released a
[01:50.720 --> 01:54.920]  statement saying that President Trump's words were reckless and would damage U.S. interest
[01:54.920 --> 01:58.640]  in the Middle East for years to come would make the region more volatile.
[01:58.640 --> 02:03.160]  It is yet unclear whether the President has any legitimate reason for making this statement,
[02:03.160 --> 02:12.560]  other than an act to appeal to his evangelical and pro-Israel voting base.
[02:12.560 --> 02:16.760]  Nearly 50 mayors from across the United States concluded a climate change summit in Chicago
[02:16.760 --> 02:21.880]  today where a formal agreement to reduce greenhouse emissions in their cities was signed by the
[02:21.880 --> 02:22.880]  attending mayors.
[02:22.880 --> 02:26.200]  An act of defiance considering the Trump administration's recent decision to back the
[02:26.200 --> 02:28.400]  U.S. out of the Paris Climate Agreement.
[02:28.400 --> 02:32.240]  No surprise, former President Barack Obama was also attending and even spoke at the
[02:32.240 --> 02:37.080]  summit telling attendees that they are America's new front line leaders on climate change.
[02:37.080 --> 02:41.000]  Mayors from cities in Mexico and Canada joined their U.S. counterparts in committing to
[02:41.000 --> 02:42.760]  reduce carbon emissions.
[02:42.760 --> 02:46.760]  Vancouver Mayor Gregor Robertson said in a statement that we stand shoulder to shoulder
[02:46.760 --> 02:53.760]  with all of the U.S. cities and mayors that are committed to the Paris Agreement.
[02:53.760 --> 03:11.760]  This was Brooke Brody with your lowdown for December 6, 2017.
[03:11.760 --> 03:40.160]  Okay, we are back.
[03:40.160 --> 03:48.840]  Thank you, Kristina.
[03:48.840 --> 03:54.440]  But call back next week and we'll have some more in-depth conversation.
[03:54.440 --> 03:59.320]  This is the conversation I like to have because every once in a while I need to go back through
[03:59.320 --> 04:02.400]  the basics and escape an opportunity to do that.
[04:02.400 --> 04:05.160]  Okay, now we're going to go to James in Texas.
[04:05.160 --> 04:06.160]  Hello, James.
[04:06.160 --> 04:07.160]  Hello, Randy.
[04:07.160 --> 04:12.160]  What do you have for us today?
[04:12.160 --> 04:15.160]  Well, a lot of things.
[04:15.160 --> 04:22.160]  If you check your email, you're going to find my pleading to the Supreme Court.
[04:22.160 --> 04:26.160]  Wait, you are breaking up somewhat.
[04:26.160 --> 04:28.160]  Do you have a place?
[04:28.160 --> 04:31.160]  Are you on a cell phone?
[04:31.160 --> 04:33.160]  Yes, I am.
[04:33.160 --> 04:39.160]  Do you have a spot where you can move to that might get you a little bit better signal?
[04:39.160 --> 04:44.160]  Yes, I can, just a moment.
[04:44.160 --> 04:50.160]  Okay, we have a caller that used to call in from way down in South Texas.
[04:50.160 --> 04:57.160]  He was paraplegic, but he would climb hand over hand up a water tower and hang from the
[04:57.160 --> 05:00.160]  water tower and call us.
[05:00.160 --> 05:05.160]  That was dedication.
[05:05.160 --> 05:10.160]  Okay, are you there back, James?
[05:10.160 --> 05:12.160]  I'm here.
[05:12.160 --> 05:14.160]  Okay, that sounds pretty good.
[05:14.160 --> 05:16.160]  Okay, go ahead.
[05:16.160 --> 05:25.160]  Okay, well, I've been sitting there and listening for a while and there's one thing that you
[05:25.160 --> 05:35.160]  felt, you felt just tell the people is when they go to the local police, they invoke the
[05:35.160 --> 05:39.160]  laws of community.
[05:39.160 --> 05:46.160]  In other words, you need to complete your state action before you take it to federal.
[05:46.160 --> 05:54.160]  Yeah, unless there is no federal issue involved.
[05:54.160 --> 05:58.160]  Then you don't have to worry about it being moved to federal.
[05:58.160 --> 06:00.160]  Yeah, exactly.
[06:00.160 --> 06:02.160]  Absolutely.
[06:02.160 --> 06:08.160]  I always want to adjudicate my case in the state first.
[06:08.160 --> 06:10.160]  Federal judges.
[06:10.160 --> 06:11.160]  Finish.
[06:11.160 --> 06:14.160]  You've got a total to finish.
[06:14.160 --> 06:19.160]  I see you have an 817 area code that means the Fort Worth area.
[06:19.160 --> 06:23.160]  You may be familiar with Judge McBride.
[06:23.160 --> 06:28.160]  The last time I dealt with Judge McBride, I filed criminal charges against him with the
[06:28.160 --> 06:31.160]  Special Agent in Charge in Dallas.
[06:31.160 --> 06:37.160]  I don't have much use for federal judges for the most part.
[06:37.160 --> 06:42.160]  I don't either.
[06:42.160 --> 06:48.160]  But also out of the second quarter of appeal, if you go find in there, you know, what I
[06:48.160 --> 06:54.160]  want you is a regulatory pleading to subject matter jurisdiction.
[06:54.160 --> 07:02.160]  What rights do they have to file a subject matter jurisdiction complaint?
[07:02.160 --> 07:10.160]  It boils down to what rights exist, rights or rights?
[07:10.160 --> 07:15.160]  I think that's kind of the wrong way to look at it.
[07:15.160 --> 07:19.160]  It gives a wrong and false impression.
[07:19.160 --> 07:21.160]  What rights do I have?
[07:21.160 --> 07:23.160]  That's the wrong question.
[07:23.160 --> 07:27.160]  What restrictions do I have?
[07:27.160 --> 07:38.160]  I have the right to do anything I want to, unless I, along with the rest of my singular
[07:38.160 --> 07:44.160]  sovereign citizen that I don't like, sorry, that shouldn't say sovereign citizens.
[07:44.160 --> 07:52.160]  Citizens of the Republic, we've all agreed to restrict our behaviors in certain areas.
[07:52.160 --> 07:57.160]  We've agreed to restrict our right to kill our neighbor, to steal from our neighbor,
[07:57.160 --> 07:58.160]  and to do certain things.
[07:58.160 --> 08:01.160]  We've agreed to certain restrictions.
[08:01.160 --> 08:08.160]  Beyond those restrictions, we can do anything we want to.
[08:08.160 --> 08:14.160]  I'm always kind of tense when someone talks about what their rights are.
[08:14.160 --> 08:19.160]  I want to talk about where I am restricted in an area.
[08:19.160 --> 08:23.160]  Otherwise, the right is axiomatic.
[08:23.160 --> 08:25.160]  Is that the right word?
[08:25.160 --> 08:27.160]  Anyway, go ahead, James.
[08:27.160 --> 08:30.160]  Yeah, that would be correct.
[08:30.160 --> 08:32.160]  That would be the correct word.
[08:32.160 --> 08:40.160]  But the thing is, you look at what the judge is, to be an article-free judge,
[08:40.160 --> 08:47.160]  most states, they've taken off to the state constitution and to the United States Constitution.
[08:47.160 --> 08:51.160]  And it's the United States Constitution.
[08:51.160 --> 08:55.160]  The judge cannot throw that under the bus.
[08:55.160 --> 08:58.160]  If they throw it under the bus, who pays their paycheck?
[08:58.160 --> 08:59.160]  Okay.
[08:59.160 --> 09:07.160]  I'm glad you mentioned that point, because I just took that on recently.
[09:07.160 --> 09:12.160]  And they want to say, every time you mention the federal constitution,
[09:12.160 --> 09:14.160]  they want to drag it into the federal court.
[09:14.160 --> 09:17.160]  No, no, hold on, guys.
[09:17.160 --> 09:26.160]  I make a claim under the federal constitution of the violation of a federal right by a state actor.
[09:26.160 --> 09:33.160]  I don't claim the remedy under the federal constitution, because there really isn't one.
[09:33.160 --> 09:36.160]  The constitution doesn't grant us anything.
[09:36.160 --> 09:41.160]  The constitution restricts public officials from performing certain acts.
[09:41.160 --> 09:51.160]  And when I come before a state court, or I'm sorry, when I step before a state actor, a public official,
[09:51.160 --> 09:59.160]  I have a due process right to the proper administration of law.
[09:59.160 --> 10:05.160]  So when one of my public officials violates the constitutional restriction,
[10:05.160 --> 10:10.160]  that violates my right to the due process of law.
[10:10.160 --> 10:14.160]  And the claim is in the state for violation of due process,
[10:14.160 --> 10:17.160]  not in the fed for violation of constitutional restriction.
[10:17.160 --> 10:20.160]  Does that make sense, James?
[10:20.160 --> 10:22.160]  Yes, it does.
[10:22.160 --> 10:25.160]  This way I bind them to the state.
[10:25.160 --> 10:31.160]  I get my constitutional guarantees, but I get it under state due process.
[10:31.160 --> 10:38.160]  So where we did this was is the courts read 16.01 Texas Code of Criminal Procedure.
[10:38.160 --> 10:43.160]  16.01 says that in the case of a felony,
[10:43.160 --> 10:51.160]  a person has a right to an examining trial before indictment.
[10:51.160 --> 11:02.160]  And the courts read that to mean that you don't have a right to an examining trial in a misdemeanor.
[11:02.160 --> 11:06.160]  And it wasn't talking about your right to an examining trial at all.
[11:06.160 --> 11:12.160]  It was talking about when you had a right to have an examining trial.
[11:12.160 --> 11:20.160]  And my argument to the court was is that I don't have a right to an examining trial.
[11:20.160 --> 11:25.160]  Neither do I have a right to be handcuffed when I'm arrested.
[11:25.160 --> 11:30.160]  Neither do I have a right to be searched when I'm stopped by a police officer.
[11:30.160 --> 11:44.160]  The statutes of the state of Texas specifically command an officer who makes an arrest with or without a warrant to take me directly to the nearest magistrate.
[11:44.160 --> 11:50.160]  And the magistrate is commanded by statute to hold an examining trial.
[11:50.160 --> 11:57.160]  Those two acts go to the due process of law, and I do have a right to due process.
[11:57.160 --> 12:03.160]  So we got right around this Clark v. State of Texas restriction.
[12:03.160 --> 12:07.160]  Does that make sense, Jeff? Jeff, James?
[12:07.160 --> 12:10.160]  Yeah, that's logical.
[12:10.160 --> 12:14.160]  It sure stuck to the judge. It stuck him in his tracks.
[12:14.160 --> 12:24.160]  And this judge, he said, you know, Mr. Kelton, in my day job, I am a criminal defense lawyer.
[12:24.160 --> 12:41.160]  We've been trying to get judges to give our clients examining trials because examining trial allows you to introduce exculpatory evidence into the court before you have to stand trial and answer to all these things.
[12:41.160 --> 12:46.160]  But the judges were quoting Clark and Gray and saying that you didn't have a right to one.
[12:46.160 --> 12:55.160]  And that's what he told me when I, when he asked me for a plea, I said, oh, I'm not here to plea. I'm here for my examining trial.
[12:55.160 --> 12:59.160]  And he said, well, Mr. Kelton, in a misdemeanor, you don't have a right to examining trial.
[12:59.160 --> 13:04.160]  And I said, so what's that have to do with anything?
[13:04.160 --> 13:14.160]  Oh, and then I explained the rationale and he said, you know, Mr. Kelton, I could use this argument in my practice.
[13:14.160 --> 13:21.160]  So I took that as a sign that underlaw is a good argument.
[13:21.160 --> 13:30.160]  Well, the one thing that I've learned is most criminal attorneys do not know civil law. Most civil attorneys do not know criminal law.
[13:30.160 --> 13:38.160]  It's been my experience that most criminal attorneys don't know criminal law.
[13:38.160 --> 13:44.160]  But they only know what they do every day. They don't know law at all.
[13:44.160 --> 13:51.160]  I was talking to my local, at the time he was a county attorney, he's now a district attorney.
[13:51.160 --> 13:59.160]  And I mentioned that I had written some documents for some people and he said, Mr. Kelton, you really need to be careful.
[13:59.160 --> 14:02.160]  You can be charged with the illegal practice of law.
[14:02.160 --> 14:27.160]  I said, oh, no, no, no, no. That goes to 38.123, Texas Code of Criminal Procedure, which says that it is an offense for someone to hold himself out as a lawyer and represent someone in a personal injury or property damage suit.
[14:27.160 --> 14:29.160]  He said, are you sure about that?
[14:29.160 --> 14:37.160]  Oh, yeah, I'm sure about that. He turned around and pulled out his Code of Criminal Procedure, looked it up, read it, and it said exactly what I told him.
[14:37.160 --> 14:44.160]  And I said, Greg, you ought to be ashamed of yourself. When was the last time you read the Code of Criminal Procedure?
[14:44.160 --> 14:49.160]  And he said, well, Mr. Kelton, I don't know that I've ever read the whole thing.
[14:49.160 --> 14:58.160]  Greg, you ought to be ashamed of yourself. And he said, well, Mr. Kelton, I don't know of a single lawyer who's read the whole thing.
[14:58.160 --> 15:05.160]  I said, that's pitiful. And he said, yeah, matter of fact, it is. But he was right.
[15:05.160 --> 15:16.160]  They tend not to read the Code. They just go into practice generally to go to work for a law firm. The law firm shows them how the practice is done.
[15:16.160 --> 15:21.160]  They don't read the law. They just do what everybody's been doing.
[15:21.160 --> 15:35.160]  The most part, they don't have a clue. And when you come in bringing them chapter and verse, oh, they get to do hopping and jumping.
[15:35.160 --> 15:41.160]  Okay, go ahead, James. Sometimes I kind of run off the rails.
[15:41.160 --> 15:48.160]  Well, that's okay. You got to feed the muckiest bananas.
[15:48.160 --> 15:52.160]  Okay, did you have any brown spots on it?
[15:52.160 --> 15:56.160]  No.
[15:56.160 --> 15:59.160]  Do you have anything else for us, James?
[15:59.160 --> 16:01.160]  No, I'll let you go, Randy.
[16:01.160 --> 16:13.160]  Okay, thank you, James. This is Randy Kelton, rule of law radio. I call in number 512-646-1984.
[16:13.160 --> 16:21.160]  Jeff, we've only got the 30 seconds. So, Jeff from Mississippi, go ahead.
[16:21.160 --> 16:24.160]  Hi, Randy. Thanks for having me on the show.
[16:24.160 --> 16:30.160]  I'm glad to have you. What do you have for us today? You've got 30 seconds.
[16:30.160 --> 16:47.160]  Okay, well, last night I called. I'm a truck driver. I got a weight scale ticket, but I was empty, and I'm filing a motion for a challenge for jurisdiction, and I wanted to go over how it would be worded.
[16:47.160 --> 17:00.160]  Okay, hang on. We're about to go to break. We'll pick this up on the other side. Randy Kelton, rule of law radio. I'll call in number 512-646-1984. We'll be right back.
[17:00.160 --> 17:01.160]  Thanks, Cookie.
[17:01.160 --> 17:03.160]  Cookie? Me love cookies.
[17:03.160 --> 17:06.160]  Oh, hi, Cookie Munchers. No, these are yucky cookies.
[17:06.160 --> 17:09.160]  Cookies? Yucky? No, no bad cookies.
[17:09.160 --> 17:12.160]  You can't even eat these cookies. These are cyber cookies.
[17:12.160 --> 17:17.160]  Okay. No, they are cyber cookies, and they clog up your computer.
[17:17.160 --> 17:18.160]  These have apples.
[17:18.160 --> 17:21.160]  Really? Oh, that's an actual apple.
[17:21.160 --> 17:23.160]  Yummy apple.
[17:23.160 --> 17:33.160]  I'm going to throw away these yucky cookies in the trash. I click control, shift, delete, and then scroll down to cookies and clear them.
[17:33.160 --> 17:34.160]  Bye-bye, yucky cookies.
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[17:47.160 --> 17:49.160]  New cookies? For me?
[17:49.160 --> 17:57.160]  Consider it an early Christmas present, and every time I order on Amazon, I go through this link and I give a little present to this radio network too.
[17:57.160 --> 17:58.160]  These are cookies.
[17:58.160 --> 18:00.160]  These are classified.
[18:00.160 --> 18:11.160]  It's the 2017 Logos Radio Network Annual Fundraiser, sponsored by Central Texas Gun Works, Defense Distributed in Fapsal, Delhi.
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[19:25.160 --> 19:35.160]  Okay, we are back. Randy Kelton with Rural Law Radio, and we're talking to Jeff in the sippy.
[19:35.160 --> 19:38.160]  Okay, go ahead, Jeff.
[19:38.160 --> 19:46.160]  Yeah, Randy. And I think this kind of falls in line with what Scott was talking about earlier.
[19:46.160 --> 19:53.160]  I'm a truck driver. I was empty. I got a waist-scale ticket, even though I was empty.
[19:53.160 --> 20:04.160]  They claimed that, well, I went past the, drove past the waist-scale, but my computer, my sensor, did not come on to tell me to pull in.
[20:04.160 --> 20:11.160]  And so the police made it sound like it was my, there was something wrong with my onboard computer.
[20:11.160 --> 20:17.160]  But then I found out that the weigh station actually turned off their signal.
[20:17.160 --> 20:26.160]  I'm going to send a motion or a challenge for jurisdiction, and we were going over the definition of commercial motor vehicle last night,
[20:26.160 --> 20:32.160]  but I still just wanted to know how to word my challenge.
[20:32.160 --> 20:37.160]  Okay, well, I've got some arguments written on that.
[20:37.160 --> 20:58.160]  We take a little bit to go through it, but you would stipulate that you were engaged in a contractual relationship with the, all of the states as you were engaged in commercial transport.
[20:58.160 --> 21:08.160]  But at the time of the citation, you were not acting under the authority of the contract as you were not acting in commerce,
[21:08.160 --> 21:13.160]  and therefore the contract at that time did not apply to you.
[21:13.160 --> 21:23.160]  I was trying to get to work around how to say, yes, I have a license, but I'm not using it right now.
[21:23.160 --> 21:31.160]  No, that's what I told an Austin police officer once. And so that's essentially what you're telling the court. Yes, I am licensed.
[21:31.160 --> 21:36.160]  And I do have the authority to operate in commerce.
[21:36.160 --> 21:46.160]  But at that particular moment, I was not operating in commerce and therefore not subject to the statutory scheme.
[21:46.160 --> 21:52.160]  If you will send, did I send you a copy of my subject matter jurisdiction challenge?
[21:52.160 --> 21:57.160]  Yes, and there is a paragraph on deadheading.
[21:57.160 --> 22:02.160]  Yes, and that's exactly why I put it in there is.
[22:02.160 --> 22:04.160]  Fun, what else?
[22:04.160 --> 22:14.160]  Every state trooper in any state will know exactly what deadheading means.
[22:14.160 --> 22:22.160]  And they know that when you're deadheading, you don't you're not on the the log.
[22:22.160 --> 22:24.160]  It doesn't apply to you.
[22:24.160 --> 22:35.160]  Now, even when you're deadheading, this is something that the courts from what I can tell has actually ruled improperly.
[22:35.160 --> 22:45.160]  They're saying that if you're driving a private motor vehicle, the police cannot stop and search your vehicle.
[22:45.160 --> 22:47.160]  And I'm saying that's not true.
[22:47.160 --> 22:50.160]  They can.
[22:50.160 --> 22:58.160]  If you have a driver's license and you have license plates on the vehicle, they can stop and search.
[22:58.160 --> 23:12.160]  When you signed when you applied for a commercial license, you agreed to allow the Department of Transportation to search your vehicle anytime they wanted to.
[23:12.160 --> 23:25.160]  So even though you're not acting under the contract at the moment, you're still engaged in the contract and you still agree to allow them to search.
[23:25.160 --> 23:27.160]  But that's it.
[23:27.160 --> 23:37.160]  I can't cite you for a violation of the code because you're not operating within the code at that moment.
[23:37.160 --> 23:41.160]  Did I miss the point?
[23:41.160 --> 23:44.160]  No, no, that's that's yeah, that's great.
[23:44.160 --> 23:56.160]  Under deadheading, do I need to fill in the parts of law that I found like, you know, 49 CFR 390.5 or can we just leave that out?
[23:56.160 --> 24:01.160]  I'm always put in law, especially CFRs.
[24:01.160 --> 24:05.160]  CFRs are better than statute.
[24:05.160 --> 24:06.160]  Okay.
[24:06.160 --> 24:24.160]  The CFRs are somewhere I've got the case law that says that if a CFR code of federal regulation, if there is a regulatory agency that has been impaneled to
[24:24.160 --> 24:34.160]  enforce a statutory scheme, then the rulings of that regulatory agency cannot be second guessed by the courts.
[24:34.160 --> 24:47.160]  And this is a case about environmental protection and the agency that implements the particular codes in question had to do with cold emissions.
[24:47.160 --> 25:01.160]  They were specifically knowledgeable in this area and they wrote regulations intended to implement the intent of the legislature in this highly focused area.
[25:01.160 --> 25:14.160]  And the court said a district judge who's not a specialist in this area has no power to usurp the ruling of a regulatory agency.
[25:14.160 --> 25:24.160]  So CFRs are better than statute because CFRs are designed by a regulatory agency to implement the intent of the legislature.
[25:24.160 --> 25:31.160]  And they're considered to be more specialized and more focused knowledge than a general purpose judge would have.
[25:31.160 --> 25:36.160]  So absolutely quote the CFRs.
[25:36.160 --> 25:37.160]  Okay.
[25:37.160 --> 25:42.160]  Under deadheading, this may not be able to apply for this.
[25:42.160 --> 25:49.160]  It says deadheading means that the operator is traveling and his or her own cost is not being paid.
[25:49.160 --> 25:52.160]  However, I get paid when I deadhead.
[25:52.160 --> 25:53.160]  Oh, no, no, no, no, no.
[25:53.160 --> 25:55.160]  It's not you.
[25:55.160 --> 25:56.160]  You're not the operator.
[25:56.160 --> 25:59.160]  You're the driver.
[25:59.160 --> 26:05.160]  The operator is the guy who holds the DOT certificate.
[26:05.160 --> 26:07.160]  He's the operator.
[26:07.160 --> 26:09.160]  You mean the carrier?
[26:09.160 --> 26:10.160]  The carrier.
[26:10.160 --> 26:13.160]  You're just an employee of the carrier.
[26:13.160 --> 26:15.160]  Oh.
[26:15.160 --> 26:17.160]  So he's the one that matters.
[26:17.160 --> 26:26.160]  And that's why when you're deadheading, the commercial code doesn't apply.
[26:26.160 --> 26:27.160]  That makes sense.
[26:27.160 --> 26:28.160]  Okay.
[26:28.160 --> 26:29.160]  Yeah.
[26:29.160 --> 26:40.160]  Now, in that sense, do I still need to go back to 49 CFR 390.5 and try to get back into these definitions again?
[26:40.160 --> 26:42.160]  Or does that take care of it?
[26:42.160 --> 26:45.160]  Read the statute again.
[26:45.160 --> 26:50.160]  CFR, I'm not familiar with it, so I don't have it memorized.
[26:50.160 --> 26:53.160]  49 CFR 390.5.
[26:53.160 --> 26:57.160]  And just to keep it short, I'll read just the general top.
[26:57.160 --> 27:10.160]  Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or properties.
[27:10.160 --> 27:23.160]  And then it says when it's over 10,000 pounds, transports more than eight passengers per compensation or transports more than 15 passengers without compensation.
[27:23.160 --> 27:24.160]  Okay.
[27:24.160 --> 27:28.160]  This is a school bus or something. This is what we've talked about the other day.
[27:28.160 --> 27:32.160]  And the tubes?
[27:32.160 --> 27:38.160]  It has the presumption of being a commercial vehicle.
[27:38.160 --> 27:47.160]  But because it is a commercial vehicle, does not mean that it's being operated in commerce.
[27:47.160 --> 27:49.160]  Okay.
[27:49.160 --> 28:09.160]  If I drop off a load and I live five miles away and I use the truck to get home with, it may be a commercial vehicle as defined by the CFR, but it's not being used in that capacity.
[28:09.160 --> 28:12.160]  So it does not fall within the statutory scheme.
[28:12.160 --> 28:16.160]  And that's why deadheading is not on the log.
[28:16.160 --> 28:31.160]  Okay. Under commercial motor vehicle, the two keywords that I found were motor vehicle and used, used on a highway in interstate commerce to transport passengers or properties.
[28:31.160 --> 28:32.160]  Perfect.
[28:32.160 --> 28:38.160]  This is why I'd like to take these codes apart in tiny pieces.
[28:38.160 --> 28:39.160]  Okay.
[28:39.160 --> 28:45.160]  That when you just read it, that word doesn't look so critical and pivotal.
[28:45.160 --> 28:50.160]  But on careful examination, that becomes the key word.
[28:50.160 --> 28:54.160]  Because I wasn't using it to transport.
[28:54.160 --> 28:55.160]  Exactly.
[28:55.160 --> 29:00.160]  The second key word is motor vehicle in CFR.
[29:00.160 --> 29:16.160]  Motor vehicle means any vehicle, machine tractor trailer or semi trailer propelled or drawn by mechanical power used and used upon the highways, used upon the highways in the transportation of passengers or property.
[29:16.160 --> 29:19.160]  And, not or.
[29:19.160 --> 29:21.160]  And used.
[29:21.160 --> 29:27.160]  Both elements have to be present.
[29:27.160 --> 29:29.160]  So that seems pretty clear.
[29:29.160 --> 29:44.160]  Motor vehicle means any vehicle and all those trackers and stuff drawn by mechanical power and used upon the highway in the transportation of passengers or property.
[29:44.160 --> 29:56.160]  So my car, when I, when I don't have paid passengers, if I'm not a new redriver, it is not a commercial vehicle.
[29:56.160 --> 29:59.160]  Or it's not a motor vehicle.
[29:59.160 --> 30:02.160]  But this is.
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[31:21.160 --> 31:24.160]  Huh, maybe it's time to brush up on that French, Nesfah.
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[33:26.160 --> 33:35.160]  Okay, we are back. Randy Kelton, Rule of Law Radio on this Friday the 15th day of December 2017,
[33:35.160 --> 33:37.160]  and we're talking to Jeff in Mississippi.
[33:37.160 --> 33:42.160]  Okay, go ahead, Jeff. I'll let us run off the cliff again.
[33:42.160 --> 33:47.160]  Oh, that's fine. Back to your paragraph under deadheading.
[33:47.160 --> 33:51.160]  I just wanted to clarify this.
[33:51.160 --> 33:58.160]  It opens up with when a commercial truck driver drops off a load at a warehouse,
[33:58.160 --> 34:04.160]  then must travel at his or her own cost to another location.
[34:04.160 --> 34:07.160]  Well, in my case, I'm getting paid to deadhead.
[34:07.160 --> 34:11.160]  So do I need to clean that up or?
[34:11.160 --> 34:21.160]  No. In this case, you're just a function area of the operator.
[34:21.160 --> 34:35.160]  We might want to adjust that, but do we have a way to adjust that that doesn't confuse the issue?
[34:35.160 --> 34:43.160]  Okay, because in my case, it's not at my own cost. I'm getting paid 40 cents a bottle.
[34:43.160 --> 34:52.160]  Okay, I'm thinking about how to word that. It's not you that matters. It's the vehicle that matters.
[34:52.160 --> 34:56.160]  Okay.
[34:56.160 --> 35:06.160]  So then the truck driver must travel at the carrier's cost.
[35:06.160 --> 35:14.160]  You might change that from truck driver to carrier when the carrier drops off a load.
[35:14.160 --> 35:16.160]  Okay.
[35:16.160 --> 35:26.160]  That would be an elegant adjustment because you're just the truck is a function area of the carrier.
[35:26.160 --> 35:34.160]  The driver of the truck, if he's not the carrier himself, is a function area of the carrier.
[35:34.160 --> 35:40.160]  It is the carrier who's operating the commercial motor vehicle.
[35:40.160 --> 35:42.160]  All right.
[35:42.160 --> 35:51.160]  And in this paragraph, do I want to drop in just 49 CFR 390.5 at the end?
[35:51.160 --> 36:11.160]  Yes. And whenever I 390.5, whenever I do that, I always try to quote the statute in the process so that the reader knows what I'm referring to.
[36:11.160 --> 36:13.160]  Got it.
[36:13.160 --> 36:18.160]  Okay. So just throw that at the end in quotes.
[36:18.160 --> 36:21.160]  And put a hyperlink on it.
[36:21.160 --> 36:24.160]  Oh, and a hyperlink. Okay.
[36:24.160 --> 36:35.160]  Always this way. This is a style that that's actually my style, but I've gotten positive comments from it.
[36:35.160 --> 36:39.160]  I have a section in my ebook on mental flow.
[36:39.160 --> 36:50.160]  Whenever you make a statement and your reader can create a question in his mind, if you don't answer that question, you lost your reader.
[36:50.160 --> 37:00.160]  So one of the things I do is when I write a legal document, especially if it's a large document, I put a heading on every paragraph.
[37:00.160 --> 37:12.160]  And I don't just type in a heading. Microsoft Word has a styles menu on the main menu. The third set of menus over is a styles menu.
[37:12.160 --> 37:17.160]  And in that they have heading styles.
[37:17.160 --> 37:24.160]  So I'll use one of those. I'll type in a heading and then I'll select a heading style and put a heading style on it.
[37:24.160 --> 37:31.160]  When you do that in Microsoft Word, it will use those heading styles to create a table of contents.
[37:31.160 --> 37:41.160]  So you have a tool where you can select create table of contents and it will use those headings to create a table of contents for you.
[37:41.160 --> 37:46.160]  But also I try to put one on every paragraph.
[37:46.160 --> 37:56.160]  Unless two paragraphs are so linked together that I can't distinguish between one and the other.
[37:56.160 --> 38:03.160]  And what this does in a large document is it keeps you from creating redundant arguments.
[38:03.160 --> 38:12.160]  You'll argue a sophisticated issue in one place and another sophisticated issue in another place, but the two are interrelated.
[38:12.160 --> 38:20.160]  So what I found myself doing was arguing the same thing in two different places in slightly different ways.
[38:20.160 --> 38:25.160]  And that really took away from the readability of the document.
[38:25.160 --> 38:36.160]  So when I started putting a paragraph heading on every paragraph, then you can go up and hit the view navigation pane.
[38:36.160 --> 38:42.160]  And it pops up a little table of contents in a separate box on the side.
[38:42.160 --> 38:44.160]  This table of contents has all your headings in it.
[38:44.160 --> 38:50.160]  The first thing I do is I go down these headings to see if I have any repeating headings.
[38:50.160 --> 38:53.160]  And I always find repeating headings.
[38:53.160 --> 39:03.160]  Then you can look at it and adjust the two so they're not the same argument or take one of them out and refer to the first one.
[39:03.160 --> 39:19.160]  And as you go down it, you can see how your arguments add one to the other so that a reasonable person reading it will flow from one statement to the next.
[39:19.160 --> 39:25.160]  And you look for places where the reader would have a question.
[39:25.160 --> 39:34.160]  Anywhere I can find a place where I think a reader would have a question, I add another paragraph, put a heading on it, and I answer that question.
[39:34.160 --> 39:49.160]  When I put in a quotation, when I cite something, if you cite something and you don't stipulate what you're citing or you use footnotes, I don't use footnotes.
[39:49.160 --> 40:03.160]  Because the reader sees the footnote number and they have to stop mental slow, go down to the bottom of the page, find the footnote, look at the reference it has, go find, go take that reference and go on the Internet, look up the reference,
[40:03.160 --> 40:11.160]  and then try to find in the reference, the paragraph you're talking to, they have completely dropped out of flow.
[40:11.160 --> 40:32.160]  Heck with that nonsense, I put in a statute reference, right under it, I put in quotations and when styling the document, I set quotations to single space, two points, smaller font, and end in both sides.
[40:32.160 --> 40:41.160]  So visually it's completely separate from the document, and I quote what I'm referring to, and I put a hyperlink on it.
[40:41.160 --> 40:55.160]  So if the judge sees that, and he's not certain if I've quoted this accurately or in context, he can click on the hyperlink and it takes him to the actual document.
[40:55.160 --> 41:07.160]  And then he can see how this quotation fits in the context of the document to make sure I've quoted it correctly in context. Does that make sense, Jeff?
[41:07.160 --> 41:13.160]  Well, the only question would be is what if I mailed this by paper?
[41:13.160 --> 41:37.160]  It doesn't matter. If you're going to mail it by paper, then instead of putting the hyperlink as a hyperlink set of text, you take the actual hyperlink code and drop it in there so that the reader can select that code and drop it into a search engine and it'll take them to it.
[41:37.160 --> 41:50.160]  Okay. And so what else do I want to mail in to the court, along with a challenge for jurisdiction, motion for discovery?
[41:50.160 --> 41:56.160]  No. No, you don't need anything with a challenge subject matter jurisdiction.
[41:56.160 --> 42:24.160]  The challenge subject matter jurisdiction is a dispositive pleading. It would dispose of the case. If you ask for discovery, the other side's going to object, saying that if this dispositive motion actually disposes of the case, then discovery would be an unnecessary expense on the parties.
[42:24.160 --> 42:36.160]  You want to make your subject matter jurisdiction challenge so complete that you don't need any discovery. You don't need anything. It should be complete on its face.
[42:36.160 --> 42:42.160]  Okay. Well, I've already made a mistake because I put in the motion for discovery last time.
[42:42.160 --> 42:56.160]  That doesn't matter. They'll either, what the other side will most likely do is just ignore it. But if you put it in as a separate motion, then it's not actually a part of the subject matter jurisdiction challenge.
[42:56.160 --> 43:21.160]  The subject matter jurisdiction must be considered first as it is a threshold pleading. They can't get past that to the merits until they determine jurisdiction. If the court rules that they don't have jurisdiction, everything else that's been filed is moot because the case ends right there.
[43:21.160 --> 43:32.160]  Oh, okay. So I can still do that. Yes. Okay. Well, that way, if the judge rules against it, your discovery's already in place.
[43:32.160 --> 43:44.160]  Got it. Okay. Great. Well, thank you and I'll call you next week. Okay. Thank you, Jeff. Okay. Now we're going to go to Dean in Texas.
[43:44.160 --> 43:54.160]  Hello, Dean. Oh, have you ever been to Nacodosius? Yes.
[43:54.160 --> 44:00.160]  Think of McClintock, John Wayne, when he starts a fight in the bar.
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[46:22.160 --> 46:41.160]  Okay, we are back. Randy Kelton, rule of law radio. On this Friday, the 15th day of December, 2017, and we're talking to Dean in Texas, and let us run off the cliff again.
[46:41.160 --> 46:57.160]  Okay, Dean, you were from Nacodotius. I'm reminding of that John Wayne movie where he starts a fight in a bar and he tells this guy, didn't I see you in Nacodotius, and he starts a fight, and the guy beats him up, and he says, I never have been to Nacodotius. Have you been to Nacodotius, Dean?
[46:57.160 --> 47:23.160]  Well, I feel like I've been beat up. But anyway, yesterday I went, I appeared in court for emotions hearing, ended up, you know, they denied all my motions, and held the trial immediately afterwards against rejection.
[47:23.160 --> 47:40.160]  Wonderful. I know when you're in the middle of this, it seems like they're pulling all this crap on you, and you tend to feel betrayed when your public officials don't do what the law commands them to do.
[47:40.160 --> 47:52.160]  But we have this rule, never interfere with somebody when they're screwing up. You filed my documents from the traffic website.
[47:52.160 --> 48:00.160]  Yes, I did. I filed them all, but...
[48:00.160 --> 48:14.160]  Okay, you have, they have given you more claims than they imagine. They take the first shot, and they get to do all this garbage that they do.
[48:14.160 --> 48:29.160]  And after that first hearing, now the worm turns. Now it's your turn. We just had several people go after them this way. Now what you do is you'll come after them with a whirlwind.
[48:29.160 --> 48:44.160]  There, I'm not going to believe what you're fixing to do to them. Criminal charges against the judge, judicial conduct complaints, bar grievances. Now your fun really begins to start.
[48:44.160 --> 48:54.160]  In your case, the sheriff made specific threats against you, didn't he?
[48:54.160 --> 49:07.160]  Well, during the course, yes, about me filing a complaint, you know, a T-close complaint. I hope that they don't come after me for that, you know.
[49:07.160 --> 49:10.160]  Did the sheriff say that?
[49:10.160 --> 49:28.160]  No, the deputy sergeant. This is from, see, I've got several cases going. Now I'm going to have three, because I was told, too, by the prosecutor that an appeal that I had since last May from a ticket from
[49:28.160 --> 49:47.160]  2016 in January in my jury, 12, and found guilty in an appeal, a notice of appeal. Well, it's coming up. They said we've scheduled it for January.
[49:47.160 --> 49:50.160]  And I haven't been served yet, but it's good.
[49:50.160 --> 49:52.160]  Wait a minute. Hold it. The prosecutor said that?
[49:52.160 --> 49:59.160]  In a district court. Yes, in a district court.
[49:59.160 --> 50:10.160]  Wait a minute. Something's wrong here. A classy misdemeanor appeals to the county court.
[50:10.160 --> 50:26.160]  When I made the notice of appeal, I asked, they said, is this going to be a de novo? And the judge said, no, it'll be tried in a district court and not at de novo.
[50:26.160 --> 50:33.160]  Okay, then the trial court was a court of record.
[50:33.160 --> 50:36.160]  It will be coming up in January.
[50:36.160 --> 50:44.160]  No, the original trial was a, what was the original court? Was it a municipal court?
[50:44.160 --> 50:49.160]  Municipal court, and it was a non-record court.
[50:49.160 --> 51:00.160]  Then, okay, I don't understand how we get to district court. The district court has no jurisdiction.
[51:00.160 --> 51:21.160]  A classy misdemeanor tried in a municipal or justice of the peace court, which is an inferior court, is appealed to the county court, which is a court of record, and it's appealed to de novo by law, unless the municipal court was a municipal court of record.
[51:21.160 --> 51:36.160]  So, since the judge says this trial will not be de novo, then you need to petition the municipal court or the court that tried the case and demand the court record.
[51:36.160 --> 51:42.160]  And let them tell you they don't have one.
[51:42.160 --> 51:46.160]  Okay, here, you don't worry about what they do.
[51:46.160 --> 52:01.160]  You can never interfere with somebody when they're screwing up. If the judge brings you out of a municipal court that's not a court of record and does not give you trial de novo, you file criminally against it.
[52:01.160 --> 52:05.160]  Let them explain it to a grand jury.
[52:05.160 --> 52:12.160]  Do you want to have yourself an attitude, Bubba? We see if we can't help you out with that attitude.
[52:12.160 --> 52:17.160]  Yes, judges think your only remedy is to appeal their decisions.
[52:17.160 --> 52:19.160]  That is not your only remedy.
[52:19.160 --> 52:30.160]  A judge has the duty, Cleveland v. I think it's Cleveland v. Ohio. Cleveland was the guy's name.
[52:30.160 --> 52:45.160]  The judge has a duty to determine the facts in accordance with the rules of evidence that apply the laws that comes to him to the facts in the case. If he fails to do that, if he fails to perform a duty he's required to perform,
[52:45.160 --> 52:55.160]  and in the process denies you in the full and free access to or enjoyment right, and the way I read the penal code of the state of Texas, that's a classic misdemeanor.
[52:55.160 --> 53:00.160]  180 days in jail, $10,000 five.
[53:00.160 --> 53:03.160]  So you want to play hardball, judge?
[53:03.160 --> 53:08.160]  We should do the deep into the pool.
[53:08.160 --> 53:12.160]  And the one thing they can't control is a grand jury.
[53:12.160 --> 53:15.160]  Okay, go ahead.
[53:15.160 --> 53:29.160]  The one thing that I, the complaint that I did file against the sergeant, deputy sheriff sergeant is, you know, a complaint against him, you know, and they dismissed it.
[53:29.160 --> 53:35.160]  Said no, you know, this is not the prosecutor's.
[53:35.160 --> 53:38.160]  Have you listened to Scott Richardson under that?
[53:38.160 --> 53:43.160]  Because it was a felony charge with assault.
[53:43.160 --> 53:49.160]  Okay, I'm sorry, I talked over you say that again.
[53:49.160 --> 54:02.160]  He said that it was being part of the complaint was an assault that that is a felony charge, and this court had no jurisdiction over that.
[54:02.160 --> 54:04.160]  Who said that?
[54:04.160 --> 54:06.160]  The judge?
[54:06.160 --> 54:11.160]  Well, the prosecutor and the judge sustained it.
[54:11.160 --> 54:13.160]  Wonderful. The case.
[54:13.160 --> 54:26.160]  A prosecutor has a duty to give notice to the judge when the judge is making an error under the American Bar Association standards for the prosecutorial function.
[54:26.160 --> 54:33.160]  And the judge, when he hasn't made known to him that a crime has been committed, his judge's hat comes off.
[54:33.160 --> 54:40.160]  Now, the prosecutor would technically be right that as a judge, he would not have jurisdiction.
[54:40.160 --> 54:43.160]  But that didn't invoke his duty as a judge.
[54:43.160 --> 54:46.160]  It evoked his duty as a magistrate.
[54:46.160 --> 54:58.160]  And that's the duty. I told the head criminal district judge in Travis County when I Bush whacked him in his courtroom with criminal complaints against the highest judges in Texas.
[54:58.160 --> 55:01.160]  All 15 of them.
[55:01.160 --> 55:07.160]  He said, well, Mr. Calton, I'm a district judge and district judges in Travis County don't take criminal complaints.
[55:07.160 --> 55:12.160]  I said, that's okay, judge. I'm not here to invoke your duty as a district judge.
[55:12.160 --> 55:19.160]  I'm here to invoke your duty as a magistrate, and that's a duty from which you may not shield yourself.
[55:19.160 --> 55:27.160]  When you gave that judge notice that a crime had been committed, his judge's hat comes off, his magistrate's hat goes on,
[55:27.160 --> 55:43.160]  and he has a duty to initiate an examining trial under Chapter 16, Text Code of Criminal Procedure, and he has no authority in not to.
[55:43.160 --> 55:51.160]  So he failed to form a duty he is required to perform, and in the process, shielded the accused from prosecution.
[55:51.160 --> 56:00.160]  39.03 penal code, official oppression, 38.05 shielding from prosecution, which is a felony.
[56:00.160 --> 56:05.160]  So let's dance, bad boy. You want to have attitude? You don't want to do your job?
[56:05.160 --> 56:09.160]  We'll help you out. We see how that works for you.
[56:09.160 --> 56:11.160]  Is that the penal code?
[56:11.160 --> 56:17.160]  Penal code. 39.03 is official oppression.
[56:17.160 --> 56:22.160]  That reflects 18 U.S. Code 242, the Ku Klux Klan Act.
[56:22.160 --> 56:32.160]  Most everybody knows about 42 U.S. Code 1983. 42 U.S. Code 1983 authorizes you to sue a public official.
[56:32.160 --> 56:35.160]  That's the second half of the Ku Klux Klan Act.
[56:35.160 --> 56:48.160]  The first half says that if a public official, acting under his, the color or pretense of his official capacity, exerts or purports to exert an authority he does not expressly have,
[56:48.160 --> 56:55.160]  and in the process denies a citizen's full free access to rejoinment, right? That's Class A administrator.
[56:55.160 --> 57:12.160]  38.05. If the judge fails to perform a duty he is required to perform, and in the process shields the accused from prosecution, that's a felony in the state of Texas.
[57:12.160 --> 57:15.160]  That's my story and I'm sticking to it.
[57:15.160 --> 57:18.160]  Penal code too, right?
[57:18.160 --> 57:20.160]  Yeah, both are penal code.
[57:20.160 --> 57:21.160]  Yeah.
[57:21.160 --> 57:34.160]  And the problem the judge has is the judge has all this official immunity, but nobody has immunity from committing criminal acts.
[57:34.160 --> 57:39.160]  So the judge thinks, well, if you don't like my decision, you can appeal it.
[57:39.160 --> 57:43.160]  This is what I told this Travis County judge when I bushwhacked him.
[57:43.160 --> 57:46.160]  He said, well, Mr. Kelton, you need to file an appeal.
[57:46.160 --> 57:49.160]  Oh, judge, don't ask me to appeal.
[57:49.160 --> 57:54.160]  You go before a corrupt judge who renders a bogus decision and they say, oh, that's okay.
[57:54.160 --> 57:59.160]  You can go before a whole panel of corrupt judges and they'll really screw your royal.
[57:59.160 --> 58:03.160]  The judge said, well, Mr. Kelton, I don't think it's quite that bad.
[58:03.160 --> 58:06.160]  I said, that's because you're not pro se.
[58:06.160 --> 58:07.160]  I got a better idea.
[58:07.160 --> 58:09.160]  I'll appeal to the grand jury.
[58:09.160 --> 58:12.160]  Mr. Kelton, you can't appeal to the grand jury.
[58:12.160 --> 58:19.160]  I said, sure can. I could appeal to the grand jury to indict that little sheriff for shielding from prosecution.
[58:19.160 --> 58:25.160]  And the judge sat back in his seat and he's looking at me and I can, I can tell what he's thinking.
[58:25.160 --> 58:30.160]  But I get away with it if I have my bail of shoot this guy.
[58:30.160 --> 58:36.160]  The point is, you have two options.
[58:36.160 --> 58:42.160]  One is the appeal option, which is not a great value.
[58:42.160 --> 58:45.160]  The other one is the grand jury.
[58:45.160 --> 58:50.160]  Here's the deal on grand jury's.
[58:50.160 --> 58:54.160]  Would you like to make more definite progress in your walk with God?
[58:54.160 --> 59:01.160]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.160 --> 59:06.160]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.160 --> 59:13.160]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.160 --> 59:18.160]  The free books are a three volume set called basic elements of the Christian life.
[59:18.160 --> 59:28.160]  Chapter by chapter, basic elements of the Christian life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:28.160 --> 59:34.160]  Order your free New Testament recovery version and basic elements of the Christian life.
[59:34.160 --> 59:40.160]  Call Bibles for America toll free at 888-551-0102.
[59:40.160 --> 59:45.160]  That's 888-551-0102.
[59:45.160 --> 59:52.160]  Or visit us online at bfa.org.
[59:52.160 --> 01:00:00.160]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:00.160 --> 01:00:05.160]  The following news flash is brought to you by The Low Star Lowdown,
[01:00:05.160 --> 01:00:12.160]  providing the jelly bulletins for the commodities market, today's history, news updates,
[01:00:12.160 --> 01:00:21.160]  and the inside scoop into the tides of the alternative.
[01:00:21.160 --> 01:00:28.160]  The market for Wednesday, the 6th of December, 2017, closed with gold at $1,263.31 an ounce.
[01:00:28.160 --> 01:00:30.160]  Silver, $15.95 an ounce.
[01:00:30.160 --> 01:00:33.160]  Texas Crude, $57.62 a barrel.
[01:00:33.160 --> 01:00:43.160]  Bitcoin is at an all time high at $13,670 U.S. currency and Dashcoin is about $715 U.S. fiat.
[01:00:43.160 --> 01:00:50.160]  Today in history, the year 1897, London becomes the world's first city to host licensed taxi cabs.
[01:00:50.160 --> 01:00:53.160]  Today in history.
[01:00:53.160 --> 01:00:58.160]  In recent news, President Trump said from the diplomatic reception room of the White House earlier today
[01:00:58.160 --> 01:01:02.160]  that the United States will formally recognize Jerusalem as the capital of Israel
[01:01:02.160 --> 01:01:07.160]  with announcing preparations to move the United States embassy from Tel Aviv to the city of God.
[01:01:07.160 --> 01:01:12.160]  Trump stated that, quote, today we finally acknowledge the obvious that Jerusalem is Israel's capital.
[01:01:12.160 --> 01:01:15.160]  This is nothing more or less than a recognition of reality.
[01:01:15.160 --> 01:01:17.160]  It is also the right thing to do.
[01:01:17.160 --> 01:01:19.160]  It's something that has to be done.
[01:01:19.160 --> 01:01:25.160]  One from Pope Francis, the Chinese Foreign Minister and European leaders have voiced their concerns with this decision from President Trump.
[01:01:25.160 --> 01:01:30.160]  Federica Morgani, high representative of the European Union for an affairs and security policy,
[01:01:30.160 --> 01:01:35.160]  made clear that Europe saw the President's decision as a threat to peace in the Middle East.
[01:01:35.160 --> 01:01:40.160]  Stating that, quote, we believe that any action that would undermine these efforts must absolutely be avoided.
[01:01:40.160 --> 01:01:46.160]  A way must be found through negotiations to resolve the status of Jerusalem as a future capital of both states.
[01:01:46.160 --> 01:01:50.160]  Former director of the CIA under the Obama administration, John O'Brennan,
[01:01:50.160 --> 01:01:53.160]  released a statement saying that President Trump's words were reckless
[01:01:53.160 --> 01:01:58.160]  and would damage U.S. interest in the Middle East for years to come, would make the region more volatile.
[01:01:58.160 --> 01:02:03.160]  It is yet unclear whether the President has any legitimate reason for making this statement,
[01:02:03.160 --> 01:02:07.160]  other than an act to appeal to his evangelical and pro-Israel voting base.
[01:02:07.160 --> 01:02:13.160]  Nearly 50 mayors from across the United States concluded a climate change summit in Chicago today,
[01:02:13.160 --> 01:02:18.160]  where a formal agreement to reduce greenhouse emissions in their cities was signed by the attending mayors,
[01:02:18.160 --> 01:02:24.160]  an act of defiance considering the Trump administration's recent decision to back the U.S. out of the Paris climate agreement.
[01:02:24.160 --> 01:02:28.160]  No surprise, former President Barack Obama was also attending and even spoke at the summit,
[01:02:28.160 --> 01:02:32.160]  telling attendees that they are America's new front line leaders on climate change.
[01:02:32.160 --> 01:02:38.160]  Mayors from cities in Mexico and Canada joined their U.S. counterparts in committing to reduce carbon emissions.
[01:02:38.160 --> 01:02:41.160]  Vancouver Mayor Gregor Robertson said in a statement that,
[01:02:41.160 --> 01:02:46.160]  we stand shoulder to shoulder with all of the U.S. cities and mayors that are committed to the Paris agreement.
[01:02:46.160 --> 01:02:58.160]  This was Brooke Brody with Reload Down for December 6, 2017.
[01:03:17.160 --> 01:03:22.160]  I was one of the boys who used to say,
[01:03:22.160 --> 01:03:27.160]  I will lie to my mother for the time being,
[01:03:27.160 --> 01:03:29.160]  till he returns.
[01:03:29.160 --> 01:03:33.160]  I will lie to my mother for the time being,
[01:03:33.160 --> 01:03:37.160]  I'll be with the stranger with dawn,
[01:03:37.160 --> 01:03:40.160]  I will hate my concern.
[01:03:40.160 --> 01:03:44.160]  I will lie to my mother for the time being,
[01:03:44.160 --> 01:03:48.160]  I will lie to my mother for the time being,
[01:03:48.160 --> 01:03:51.160]  till I see his face.
[01:03:51.160 --> 01:03:55.160]  I will lie to my mother for the time being,
[01:03:55.160 --> 01:03:59.160]  I will guard these walls and fences,
[01:03:59.160 --> 01:04:02.160]  they come to take this place.
[01:04:02.160 --> 01:04:05.160]  I will lie to my mother for the time being.
[01:04:05.160 --> 01:04:07.160]  Okay, we are back.
[01:04:07.160 --> 01:04:12.160]  Randy Kelton with Law Radio and we're talking to Dean in Texas.
[01:04:12.160 --> 01:04:18.160]  Okay, Dean, I'll shut up now and where were you?
[01:04:18.160 --> 01:04:24.160]  Okay, well, I sent you an email several and one of the emails,
[01:04:24.160 --> 01:04:30.160]  I attached my timeline that I've been working on for yesterday.
[01:04:30.160 --> 01:04:35.160]  So hopefully you can help me out with that.
[01:04:35.160 --> 01:04:46.160]  And the prosecutor also mentioned that the showing that they have
[01:04:46.160 --> 01:04:53.160]  are entitled to write traffic tickets according to 644101,
[01:04:53.160 --> 01:04:55.160]  that deals only in commercial.
[01:04:55.160 --> 01:05:00.160]  And he says, we stipulate that you were not driving in commercial.
[01:05:00.160 --> 01:05:06.160]  So it's not relevant.
[01:05:06.160 --> 01:05:11.160]  Oh, so he's, okay, so he stipulated that on the record,
[01:05:11.160 --> 01:05:13.160]  that you were not in commerce.
[01:05:13.160 --> 01:05:18.160]  Well, it wasn't a court of record, but yes, he did mention that in court.
[01:05:18.160 --> 01:05:21.160]  It's enough. Trial de novo.
[01:05:21.160 --> 01:05:26.160]  Trial de novo is not a do-over, exactly.
[01:05:26.160 --> 01:05:33.160]  Trial de novo is trial de novo for the purpose of perfecting appeal,
[01:05:33.160 --> 01:05:40.160]  not for the purpose of shielding the court from collateral estoppel.
[01:05:40.160 --> 01:05:47.160]  If the prosecutor stated in court that he stipulated that you were not in
[01:05:47.160 --> 01:05:50.160]  commerce, that's collateral estoppel.
[01:05:50.160 --> 01:05:53.160]  He's taken a position in court.
[01:05:53.160 --> 01:05:59.160]  Even if the position was wrong, he can never take an opposing position.
[01:05:59.160 --> 01:06:03.160]  He's collateral estopped from that.
[01:06:03.160 --> 01:06:07.160]  So you can drag him up in the court.
[01:06:07.160 --> 01:06:12.160]  And now with the Turner driver decision, we can record.
[01:06:12.160 --> 01:06:17.160]  You can drag him up in court and imply that you have a recording of the proceedings.
[01:06:17.160 --> 01:06:26.160]  Now tell this court what you stated in the previous court and this court's bound to it.
[01:06:26.160 --> 01:06:34.160]  But it doesn't matter. The problem is, if there are municipality,
[01:06:34.160 --> 01:06:37.160]  it's not about whether you were in commerce or not.
[01:06:37.160 --> 01:06:44.160]  It's about whether the municipality has the authority to enforce the Texas
[01:06:44.160 --> 01:06:47.160]  immigration code.
[01:06:47.160 --> 01:06:49.160]  And they do not. They cannot.
[01:06:49.160 --> 01:06:56.160]  The only ones who can do that other than this Texas Highway Patrol are five
[01:06:56.160 --> 01:07:01.160]  sheriff deputies appointed by the county commissioners court and paid by the county
[01:07:01.160 --> 01:07:03.160]  commissioners court.
[01:07:03.160 --> 01:07:05.160]  701.001.
[01:07:05.160 --> 01:07:09.160]  Was that in your pleading?
[01:07:09.160 --> 01:07:15.160]  Yes, in the pleading, but I wasn't allowed. I was cut off from making my motions
[01:07:15.160 --> 01:07:21.160]  because I was reciting the statutes.
[01:07:21.160 --> 01:07:27.160]  And the prosecutor said, you know, we all can read and we don't need to be read the
[01:07:27.160 --> 01:07:30.160]  statutes in this.
[01:07:30.160 --> 01:07:36.160]  Did the prosecutor tell you that or did he raise an objection to the judge?
[01:07:36.160 --> 01:07:41.160]  He raised an objection and the judge sustained.
[01:07:41.160 --> 01:07:48.160]  Okay. Then the judge took judicial notice of all the statutes.
[01:07:48.160 --> 01:07:54.160]  So where the judge failed to apply the facts, the law to the facts, he filing
[01:07:54.160 --> 01:07:57.160]  the stem criminally.
[01:07:57.160 --> 01:08:01.160]  I tried to make a judicial notice of that.
[01:08:01.160 --> 01:08:09.160]  Is it LTEs, AZTEZ or something, ATEZ versus state?
[01:08:09.160 --> 01:08:13.160]  And she said denied.
[01:08:13.160 --> 01:08:16.160]  You know, who cares?
[01:08:16.160 --> 01:08:19.160]  The stupider she gets the better.
[01:08:19.160 --> 01:08:27.160]  So the court stated they refused to provide judicial notice of law.
[01:08:27.160 --> 01:08:33.160]  Now we're required by statute to grant judicial notice of law.
[01:08:33.160 --> 01:08:38.160]  So she exerted or purported to exert an authority she did not express she have.
[01:08:38.160 --> 01:08:42.160]  Then the process, not even full free access to her and drawing her out.
[01:08:42.160 --> 01:08:44.160]  That's a classic misdemeanor.
[01:08:44.160 --> 01:08:46.160]  Each one is separate.
[01:08:46.160 --> 01:08:52.160]  So I'll look through your timeline and we'll just list out the complaints we filed.
[01:08:52.160 --> 01:08:56.160]  You take a complaint to a prosecuting attorney.
[01:08:56.160 --> 01:09:02.160]  What the code says in Article 203, in Article Chapter 2, they're talking about
[01:09:02.160 --> 01:09:03.160]  duties of officers.
[01:09:03.160 --> 01:09:06.160]  They start talking about prosecutors.
[01:09:06.160 --> 01:09:08.160]  They speak to the district attorney.
[01:09:08.160 --> 01:09:11.160]  They speak to the county attorney.
[01:09:11.160 --> 01:09:14.160]  But that's all they address specifically.
[01:09:14.160 --> 01:09:17.160]  They say the district attorney handled these cases.
[01:09:17.160 --> 01:09:19.160]  County attorney handled these cases.
[01:09:19.160 --> 01:09:21.160]  That's Article 202.
[01:09:21.160 --> 01:09:29.160]  Article 2.03 says when a prosecuting attorney, it doesn't say district attorney,
[01:09:29.160 --> 01:09:37.160]  county attorney, municipal attorney, it says a prosecuting attorney is made known
[01:09:37.160 --> 01:09:42.160]  that a public official has violated a law relating to his office.
[01:09:42.160 --> 01:09:47.160]  He shall reduce the complaint when information submitted to the grand jury.
[01:09:47.160 --> 01:09:50.160]  No discretion.
[01:09:50.160 --> 01:09:58.160]  So in the trial, you gave the prosecutor notice that a crime had been committed.
[01:09:58.160 --> 01:10:03.160]  And he didn't reduce it to the information submitted to the grand jury.
[01:10:03.160 --> 01:10:07.160]  So you filed criminal charges against him with a grand jury.
[01:10:07.160 --> 01:10:11.160]  And understand these prosecutors and municipal courts.
[01:10:11.160 --> 01:10:14.160]  They're not the sharpest knives in the door.
[01:10:14.160 --> 01:10:18.160]  If they were the sharpest knives in the door, they'd be back down making the big bucks.
[01:10:18.160 --> 01:10:22.160]  But these are the guys that thought they were a mascot for the beer companies
[01:10:22.160 --> 01:10:24.160]  while their parents were paying for their education.
[01:10:24.160 --> 01:10:28.160]  And they did exactly graduated at the top of their class.
[01:10:28.160 --> 01:10:32.160]  So they get out and no law firm's going to pick them up.
[01:10:32.160 --> 01:10:35.160]  So they're struggling to make a living.
[01:10:35.160 --> 01:10:39.160]  So they get hired on as a municipal attorney.
[01:10:39.160 --> 01:10:43.160]  They're down here grubbing for dollars.
[01:10:43.160 --> 01:10:49.160]  So they're also, when they're a municipal attorney, you almost always have a regular practice.
[01:10:49.160 --> 01:10:52.160]  This supplements their income.
[01:10:52.160 --> 01:10:56.160]  So you bar grieve him.
[01:10:56.160 --> 01:11:00.160]  If you file a bar grieve against that lawyer,
[01:11:00.160 --> 01:11:04.160]  no matter what you're charging with, the state bar is going to get that grievance
[01:11:04.160 --> 01:11:06.160]  and they're going to throw it in a trash.
[01:11:06.160 --> 01:11:09.160]  They're going to send you this letter that said we examined into your accusation.
[01:11:09.160 --> 01:11:15.160]  But it does not rise to the level of misconduct. And that's a good thing.
[01:11:15.160 --> 01:11:20.160]  The reason it's a good thing is because their insurance carrier knows they're going to throw it in a trash.
[01:11:20.160 --> 01:11:23.160]  So how do they gauge their level of risk?
[01:11:23.160 --> 01:11:25.160]  By valet bar grievances?
[01:11:25.160 --> 01:11:27.160]  Next to a mall in a trash.
[01:11:27.160 --> 01:11:29.160]  By the numbers.
[01:11:29.160 --> 01:11:33.160]  If you grieve that lawyer for parting his hair on the left,
[01:11:33.160 --> 01:11:36.160]  that no good gesture if you can believe that.
[01:11:36.160 --> 01:11:39.160]  Bar's going to get that grievance.
[01:11:39.160 --> 01:11:41.160]  Send you a letter soon to examine your accusation.
[01:11:41.160 --> 01:11:44.160]  It does not rise to the level of misconduct.
[01:11:44.160 --> 01:11:48.160]  And his insurance carrier is going to double his premium.
[01:11:48.160 --> 01:11:55.160]  Unless it's his first year of practice in which they'll cancel immediately and it starts at 25 grand a year.
[01:11:55.160 --> 01:11:58.160]  Say you want to play hardball, bella?
[01:11:58.160 --> 01:12:01.160]  We will introduce you to the deep end of the pool.
[01:12:01.160 --> 01:12:10.160]  We had a guy on the stand, Mike Handel, ask him, he was a prosecutor and he asked him his name and he said, I don't have one.
[01:12:10.160 --> 01:12:15.160]  And Mike said, your honor, I need this prosecutor's name.
[01:12:15.160 --> 01:12:22.160]  And the judge said, well, Mr. Prosecutor, oh, your honor, if I give you my name, you'll start bar grieving me.
[01:12:22.160 --> 01:12:28.160]  And I'm getting out of the prosecutor's office into private practice and I won't be able to get malpractice insurance.
[01:12:28.160 --> 01:12:32.160]  And the judge said, okay, prosecutor, I won't ask you to give him his name.
[01:12:32.160 --> 01:12:35.160]  Mr. Handel, his name is whatever.
[01:12:35.160 --> 01:12:37.160]  Oh, your honor.
[01:12:37.160 --> 01:12:42.160]  And Mike bar grieved him into the stone age.
[01:12:42.160 --> 01:12:46.160]  So you don't care what the prosecutor does.
[01:12:46.160 --> 01:12:49.160]  The more he screws up, the more you get to sting him.
[01:12:49.160 --> 01:12:52.160]  And there's an arc to bar grievances.
[01:12:52.160 --> 01:12:55.160]  File him a week apart.
[01:12:55.160 --> 01:13:04.160]  He's a prosecutor, so he's required to give the judge notice when the judge is making an error.
[01:13:04.160 --> 01:13:09.160]  So when the judge does something inappropriate, you file a judicial conduct complaint against him.
[01:13:09.160 --> 01:13:15.160]  And you file against the prosecutor for not telling the judge that he screwed up.
[01:13:15.160 --> 01:13:22.160]  If the prosecutor tells the judge to do something that's improper.
[01:13:22.160 --> 01:13:26.160]  And the judge does something that's improper.
[01:13:26.160 --> 01:13:30.160]  That comes under 15.02 Texas penal code.
[01:13:30.160 --> 01:13:36.160]  Criminal conspiracy to commit official oppression.
[01:13:36.160 --> 01:13:38.160]  Try that on guys.
[01:13:38.160 --> 01:13:44.160]  And you take that down to the grand jury that let them deal with the grand jury.
[01:13:44.160 --> 01:13:52.160]  I came into my prosecutor's office one day and my prosecutor in the county, I leave him and our friends and trust me.
[01:13:52.160 --> 01:13:54.160]  And he's sitting there with his head in his hand.
[01:13:54.160 --> 01:13:56.160]  And I said, what's the matter, Greg?
[01:13:56.160 --> 01:14:04.160]  He said, those darn grand jurors, you never know what they're going to do.
[01:14:04.160 --> 01:14:10.160]  I held up both hands and looked up at the ceiling and said, there is a God.
[01:14:10.160 --> 01:14:13.160]  Now, I don't care what the grand jury does.
[01:14:13.160 --> 01:14:23.160]  If the prosecuting attorney feels that way about them, they are the most powerful persons in the courthouse.
[01:14:23.160 --> 01:14:26.160]  Don't care what they actually do.
[01:14:26.160 --> 01:14:38.160]  But when you file criminal charges against a public official, 99.9% of the times the grand jury is going to know bill.
[01:14:38.160 --> 01:14:43.160]  I filed against all 15 of the highest judges in Texas.
[01:14:43.160 --> 01:14:47.160]  And it was for the most miniscule trash.
[01:14:47.160 --> 01:14:53.160]  They denied a motion for leave to file a habeas corpus.
[01:14:53.160 --> 01:14:55.160]  I said, are you kidding me?
[01:14:55.160 --> 01:15:02.160]  I filed a habeas and the clerk said, well, the court of criminal appeals won't accept it unless you file a motion for leave.
[01:15:02.160 --> 01:15:04.160]  I said, screw that.
[01:15:04.160 --> 01:15:07.160]  This is the great writ, the habeas.
[01:15:07.160 --> 01:15:09.160]  Everything stands down before the writ.
[01:15:09.160 --> 01:15:12.160]  This court has no power to grant or deny leave.
[01:15:12.160 --> 01:15:15.160]  The guy said, well, I can't take it without it.
[01:15:15.160 --> 01:15:16.160]  There's a kid in jail in Condor.
[01:15:16.160 --> 01:15:18.160]  I'm trying to get him out.
[01:15:18.160 --> 01:15:20.160]  So I filed a motion for leave to file.
[01:15:20.160 --> 01:15:23.160]  The court of criminal appeals denied it.
[01:15:23.160 --> 01:15:25.160]  I went straight to the grand jury.
[01:15:25.160 --> 01:15:27.160]  It took me a year to get it there.
[01:15:27.160 --> 01:15:33.160]  And the judge I bushwhacked earlier, I told you about, he's the one that finally got it to the court clerk.
[01:15:33.160 --> 01:15:36.160]  I got it to the grand jury.
[01:15:36.160 --> 01:15:40.160]  And this taught me a lesson about politics.
[01:15:40.160 --> 01:15:43.160]  I get it filed.
[01:15:43.160 --> 01:15:49.160]  And I told the assistant prosecutor, Clare Dawson-Brown, I said, look, Clare, I know you don't want to file this,
[01:15:49.160 --> 01:15:52.160]  but Article 203 commands you to.
[01:15:52.160 --> 01:15:55.160]  So you don't have to agree with it.
[01:15:55.160 --> 01:16:03.160]  You have to give it to them, but you can write in there on your white horse and argue against presentment and save the day.
[01:16:03.160 --> 01:16:05.160]  You get to be the good guy.
[01:16:05.160 --> 01:16:08.160]  So she finally takes it.
[01:16:08.160 --> 01:16:11.160]  Gives it to the grand jury on their first day in office.
[01:16:11.160 --> 01:16:14.160]  It generally takes them 20 minutes to do an indictment.
[01:16:14.160 --> 01:16:16.160]  A month and a half later, I went to her.
[01:16:16.160 --> 01:16:19.160]  I said, what's the deal with my filing?
[01:16:19.160 --> 01:16:27.160]  She said, Mr. Kelton, I made sure that every grand juror read your entire presentment.
[01:16:27.160 --> 01:16:29.160]  Say what?
[01:16:29.160 --> 01:16:31.160]  That was 115 pages.
[01:16:31.160 --> 01:16:33.160]  It was a book.
[01:16:33.160 --> 01:16:37.160]  And I went out of there thinking, what in the heck is going on?
[01:16:37.160 --> 01:16:42.160]  Ron Errol, that no good SOB.
[01:16:42.160 --> 01:16:45.160]  25-year prosecuting attorney.
[01:16:45.160 --> 01:16:46.160]  He's a Democrat.
[01:16:46.160 --> 01:16:48.160]  He's not running for office again.
[01:16:48.160 --> 01:16:52.160]  All 15 of these judges are Republicans.
[01:16:52.160 --> 01:17:00.160]  I thought I got it to the grand jury because of all of my eloquent oratory and all the pressure I put on.
[01:17:00.160 --> 01:17:04.160]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
[01:17:04.160 --> 01:17:07.160]  I'm so addicted to the truth now that there's no going back.
[01:17:07.160 --> 01:17:08.160]  I need my truth pick.
[01:17:08.160 --> 01:17:10.160]  I'd be lost without logos.
[01:17:10.160 --> 01:17:13.160]  And I really want to help keep this network on the air.
[01:17:13.160 --> 01:17:16.160]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite.
[01:17:16.160 --> 01:17:20.160]  And I really don't have any money to give because I spent it all on supplements.
[01:17:20.160 --> 01:17:22.160]  How can I help logos?
[01:17:22.160 --> 01:17:24.160]  Well, I'm glad you asked.
[01:17:24.160 --> 01:17:27.160]  Whenever you order anything from Amazon, you can help logos.
[01:17:27.160 --> 01:17:31.160]  With ordering your supplies or holiday gifts, first thing you do is clear your cookies.
[01:17:31.160 --> 01:17:34.160]  Now, go to LogosRadioNetwork.com.
[01:17:34.160 --> 01:17:37.160]  Click on the Amazon logo and bookmark it.
[01:17:37.160 --> 01:17:43.160]  Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:17:43.160 --> 01:17:44.160]  Do I pay extra?
[01:17:44.160 --> 01:17:45.160]  No.
[01:17:45.160 --> 01:17:47.160]  Do you have to do anything different when I order?
[01:17:47.160 --> 01:17:48.160]  No.
[01:17:48.160 --> 01:17:49.160]  Can I use my Amazon Prime?
[01:17:49.160 --> 01:17:50.160]  No.
[01:17:50.160 --> 01:17:51.160]  I mean, yes.
[01:17:51.160 --> 01:17:54.160]  Wow, giving without doing anything or spending any money.
[01:17:54.160 --> 01:17:55.160]  This is perfect.
[01:17:55.160 --> 01:17:56.160]  Thank you so much.
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[01:17:58.160 --> 01:18:27.160]  Happy Holidays, Logos.
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[01:19:29.160 --> 01:19:36.160]  Okay, we are back.
[01:19:36.160 --> 01:19:38.160]  Randy Kelton with our radio.
[01:19:38.160 --> 01:19:40.160]  And we're talking to Dean in Texas.
[01:19:40.160 --> 01:19:41.160]  Okay, Dean.
[01:19:41.160 --> 01:19:43.160]  I can't run off the cliff there.
[01:19:43.160 --> 01:19:44.160]  Yeah.
[01:19:44.160 --> 01:19:51.160]  What happened was, I filed this complaint against the grand jury.
[01:19:51.160 --> 01:19:57.160]  And I got a bushwhacked that judge in his courtroom and got him to give it to the district attorney.
[01:19:57.160 --> 01:19:59.160]  I mean, got to give it to the district clerk.
[01:19:59.160 --> 01:20:05.160]  And then I pressured the district attorney to give my complaints to the grand jury.
[01:20:05.160 --> 01:20:10.160]  And generally it takes him about 30 minutes to do an indictment.
[01:20:10.160 --> 01:20:12.160]  Well, they had him a month and a half.
[01:20:12.160 --> 01:20:15.160]  And I went to Claire Dawson Brown and said, what's the problem?
[01:20:15.160 --> 01:20:17.160]  What's taking us along with this?
[01:20:17.160 --> 01:20:18.160]  My filing.
[01:20:18.160 --> 01:20:24.160]  And she said, Mr. Kelton, I made sure the entire grand jury read your, I made sure the grand
[01:20:24.160 --> 01:20:27.160]  jury read your entire presentment.
[01:20:27.160 --> 01:20:28.160]  Say what?
[01:20:28.160 --> 01:20:30.160]  That's 115 pages.
[01:20:30.160 --> 01:20:34.160]  So I'm wondering, what in the heck is going on here?
[01:20:34.160 --> 01:20:38.160]  She did not go in there and argue against presentment.
[01:20:38.160 --> 01:20:45.160]  And then it occurred to me, Ron Earl, that dirty rascal, 25 year prosecuting attorney.
[01:20:45.160 --> 01:20:48.160]  He's not running for office again.
[01:20:48.160 --> 01:20:49.160]  He's a crap.
[01:20:49.160 --> 01:20:51.160]  They're all Republicans.
[01:20:51.160 --> 01:20:59.160]  You will not get the court to be afraid of you or public officials to be afraid of you.
[01:20:59.160 --> 01:21:07.160]  What you get them to be afraid of is the political cannon fodder you can give to their political enemies.
[01:21:07.160 --> 01:21:15.160]  The higher up an official rises in the system, the more people he has down below him who wants his position.
[01:21:15.160 --> 01:21:20.160]  So the more effective a political strike against him has.
[01:21:20.160 --> 01:21:26.160]  Judicial conduct complaints are devastating.
[01:21:26.160 --> 01:21:33.160]  No matter what you file against a high level judge, the state commission on judicial conduct is going to get it and trash it.
[01:21:33.160 --> 01:21:37.160]  But it puts a mark on his record that never goes away.
[01:21:37.160 --> 01:21:40.160]  You file criminal charges against the district judge.
[01:21:40.160 --> 01:21:43.160]  They're going to trash it.
[01:21:43.160 --> 01:21:53.160]  But his next political opponent, he knows you're going to give him those complaints and he's going to wave them in front of the public.
[01:21:53.160 --> 01:21:56.160]  And the judge is going to say, oh, those were baseless.
[01:21:56.160 --> 01:21:58.160]  They were frivolous.
[01:21:58.160 --> 01:22:04.160]  But at the end of the day, perception is everything.
[01:22:04.160 --> 01:22:07.160]  And it stings them big time.
[01:22:07.160 --> 01:22:12.160]  More people we get who understand the politics, the more power we'll have over them.
[01:22:12.160 --> 01:22:16.160]  And the less opportunity they'll give us to sting them.
[01:22:16.160 --> 01:22:23.160]  These low level judges, they railroad people all day every day.
[01:22:23.160 --> 01:22:29.160]  They are not used to somebody landing on them like a ton of bricks.
[01:22:29.160 --> 01:22:52.160]  We just had James near Houston go into court and the prosecuting attorney did a dance to get him to drop his claims against two bailiffs that we had absolute concrete evidence committed aggravated perjury in their affidavits.
[01:22:52.160 --> 01:23:00.160]  Not just aggravated perjury, but they conspired with one another to make sure that the lies they told were consistent.
[01:23:00.160 --> 01:23:04.160]  They said all this stuff happened in the court.
[01:23:04.160 --> 01:23:12.160]  And we had three recordings of what went on the court in the court and none of that stuff happened.
[01:23:12.160 --> 01:23:18.160]  Oh, the prosecutor was could not get this case dismissed quick enough.
[01:23:18.160 --> 01:23:25.160]  And the guy negotiated with the prosecutor didn't do is he didn't tell the prosecutor.
[01:23:25.160 --> 01:23:31.160]  The prosecutor got him to agree not to pursue these accusations against the officers.
[01:23:31.160 --> 01:23:34.160]  It's insurer, no problem.
[01:23:34.160 --> 01:23:43.160]  What he didn't tell the prosecutors under article 2.03 code of crime procedure prosecutor had a statutory duty to pursue.
[01:23:43.160 --> 01:23:50.160]  So when the prosecutor doesn't give the complaints to the grand jury, then he lands on the prosecutor.
[01:23:50.160 --> 01:23:57.160]  In his case is already dismissed and he's in compliance so they can't renege.
[01:23:57.160 --> 01:24:01.160]  No fair warning. Fair warnings for chumps.
[01:24:01.160 --> 01:24:05.160]  Anyway, go ahead. I keep interrupting you.
[01:24:05.160 --> 01:24:14.160]  The complaint that I filed, I filed to the clerk of that court and the justice of the piece.
[01:24:14.160 --> 01:24:16.160]  Is that the wrong place?
[01:24:16.160 --> 01:24:20.160]  That is the right place.
[01:24:20.160 --> 01:24:29.160]  Justices of the piece, you'll notice in every county that JP courts are positioned around the county.
[01:24:29.160 --> 01:24:37.160]  Justice of the piece courts were first put in place in 1215 AD on the signing of the first Magna Carta.
[01:24:37.160 --> 01:24:45.160]  No reason for that was is that they did not want a police officer to hold the key to the jailhouse door.
[01:24:45.160 --> 01:24:54.160]  They could arrest someone, but they were to take that person directly to the nearest magistrate and explain themselves.
[01:24:54.160 --> 01:25:05.160]  And the magistrate was to hold an examining trial where both sides could present their evidence and the judge would decide whether the person had to stand and answer.
[01:25:05.160 --> 01:25:16.160]  And in those days, horse and buggies, they positioned the JP's so no matter where you were at, you were within a day's ride of a magistrate.
[01:25:16.160 --> 01:25:23.160]  So taking your complaint to the magistrate was the exactly right place.
[01:25:23.160 --> 01:25:30.160]  The magistrate had a duty under Article 211 to hold an examining trial.
[01:25:30.160 --> 01:25:38.160]  If he didn't, he failed to perform a duty he's required to perform in the process of 9 June Fool's Free Access to Enjoying the Ride.
[01:25:38.160 --> 01:25:41.160]  Class A misdemeanor.
[01:25:41.160 --> 01:25:43.160]  Does that make sense?
[01:25:43.160 --> 01:25:46.160]  Yes.
[01:25:46.160 --> 01:25:53.160]  So the trick is, you never ask a public official to do anything you actually want them to do.
[01:25:53.160 --> 01:26:03.160]  Because you never ask a public official to do anything that the law does not command them to do so that when he doesn't, you get to see him.
[01:26:03.160 --> 01:26:06.160]  I call it my tar baby syndrome.
[01:26:06.160 --> 01:26:08.160]  I've got this little invisible tar baby.
[01:26:08.160 --> 01:26:11.160]  I go to this public official and say, I've got this little tar baby here.
[01:26:11.160 --> 01:26:12.160]  You want to touch it?
[01:26:12.160 --> 01:26:14.160]  Go ahead, touch it, touch it.
[01:26:14.160 --> 01:26:17.160]  Don't do what I ask you to do.
[01:26:17.160 --> 01:26:24.160]  And when he doesn't, he touches it, now you drag him down to the next one, like this is a J.P.
[01:26:24.160 --> 01:26:27.160]  He didn't act on your criminal complaint.
[01:26:27.160 --> 01:26:33.160]  Now you go to a county judge and file against the justice of the peace.
[01:26:33.160 --> 01:26:35.160]  You forget the first complaint.
[01:26:35.160 --> 01:26:40.160]  You file against the justice of the peace for not taking, not acting on the first complaint.
[01:26:40.160 --> 01:26:43.160]  And the county judge is going to refuse.
[01:26:43.160 --> 01:26:44.160]  That'll work.
[01:26:44.160 --> 01:26:46.160]  Now you go to the district judge.
[01:26:46.160 --> 01:26:53.160]  And when the district judge refuses, now you become a protected class.
[01:26:53.160 --> 01:26:56.160]  Nobody can touch you.
[01:26:56.160 --> 01:26:57.160]  I'm next to my house.
[01:26:57.160 --> 01:26:59.160]  I live next to City Hall.
[01:26:59.160 --> 01:27:04.160]  I'm doing some plastic welding on some tanks with a little propane torch and we had a fire ban on.
[01:27:04.160 --> 01:27:07.160]  This new cop in town didn't know who I was.
[01:27:07.160 --> 01:27:08.160]  I hear, sir, sir, and I turn around.
[01:27:08.160 --> 01:27:10.160]  There's a cop stand there.
[01:27:10.160 --> 01:27:13.160]  I said, yes, sir, you can't have that open flame.
[01:27:13.160 --> 01:27:14.160]  And I held up the torch.
[01:27:14.160 --> 01:27:15.160]  I said, sure, I can't look.
[01:27:15.160 --> 01:27:16.160]  Nothing to it.
[01:27:16.160 --> 01:27:17.160]  No, no, you don't understand.
[01:27:17.160 --> 01:27:18.160]  We have a fire ban.
[01:27:18.160 --> 01:27:20.160]  I said, you see this equipment?
[01:27:20.160 --> 01:27:22.160]  I cannot run the fire department with it.
[01:27:22.160 --> 01:27:25.160]  I understand, sir, but you can't have that open flame.
[01:27:25.160 --> 01:27:26.160]  Wait a minute.
[01:27:26.160 --> 01:27:28.160]  You just jostled me, right?
[01:27:28.160 --> 01:27:30.160]  Oh, no, sir.
[01:27:30.160 --> 01:27:32.160]  Wait a minute.
[01:27:32.160 --> 01:27:38.160]  That John Faustel, the district judge, sent you down here to screw with me, didn't he?
[01:27:38.160 --> 01:27:45.160]  Just because I filed one crummy little criminal complaint against him with the state attorney general for making a terroristic threat.
[01:27:45.160 --> 01:27:48.160]  He sent you down here, didn't he?
[01:27:48.160 --> 01:27:57.160]  And the cop takes a step back, holds both hands up with his palms out and said, one moment, sir, takes out his cell phone dials.
[01:27:57.160 --> 01:28:01.160]  About 30 seconds, chief of police stepped out of city hall, looked over me.
[01:28:01.160 --> 01:28:05.160]  Randy, what are you doing to my new officer?
[01:28:05.160 --> 01:28:09.160]  Oh, Tom, I was just jerking his chain.
[01:28:09.160 --> 01:28:17.160]  And the cop said, oh, God, I saw my whole career pass before my eyes.
[01:28:17.160 --> 01:28:22.160]  Point is, these guys are terrified of that district judge.
[01:28:22.160 --> 01:28:31.160]  After you filed with the district judge and he refuses to act, then you take the complaint against the district judge to the prosecuting attorney.
[01:28:31.160 --> 01:28:34.160]  And he is definitely not going to act on it.
[01:28:34.160 --> 01:28:45.160]  And now if anybody says one word to you that you can in any way construe as a threat, a cop pulls you over and writes you a ticket.
[01:28:45.160 --> 01:28:48.160]  You file criminal charges against the district judge.
[01:28:48.160 --> 01:28:58.160]  Accused that judge, ascending that cop out to harass you in retaliation for your filing against the district judge.
[01:28:58.160 --> 01:29:02.160]  The district judge is innocent as the driven snow.
[01:29:02.160 --> 01:29:06.160]  But since you're the complainant, he can't say a word to you.
[01:29:06.160 --> 01:29:10.160]  He is going to peel that cop's hide.
[01:29:10.160 --> 01:29:13.160]  And the police are terrified of him.
[01:29:13.160 --> 01:29:17.160]  First time you do that, that's the last ticket you get.
[01:29:17.160 --> 01:29:24.160]  I get pulled over 70 and a 60, pulling a 24 foot trailer with no plates on it.
[01:29:24.160 --> 01:29:29.160]  I go into the convenience store across the street, Bobby Jack cruise in there.
[01:29:29.160 --> 01:29:32.160]  He's a scanner. What did you do to that sheriff's deputy yesterday?
[01:29:32.160 --> 01:29:34.160]  So I didn't do anything to him. Why?
[01:29:34.160 --> 01:29:40.160]  Well, he called your name in and the dispatcher come back and said, don't you dare give that SOB no ticket.
[01:29:40.160 --> 01:29:43.160]  You give him his license and get him out of there.
[01:29:43.160 --> 01:29:46.160]  Why?
[01:29:46.160 --> 01:29:50.160]  That's what will happen the first time you do that.
[01:29:50.160 --> 01:30:03.160]  Because the judges are really hard on police and the police consequently are terrified of those judges.
[01:30:03.160 --> 01:30:07.160]  Are you worried your shyness might hold you back in the business world?
[01:30:07.160 --> 01:30:16.160]  I'm Dr. Cameron Albright, back to reassure you that introverts can indeed climb to the top of the ladder while still avoiding the limelight right after this.
[01:30:16.160 --> 01:30:22.160]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:22.160 --> 01:30:27.160]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.160 --> 01:30:32.160]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:32.160 --> 01:30:35.160]  Privacy, it's worth hanging on to.
[01:30:35.160 --> 01:30:42.160]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing.
[01:30:42.160 --> 01:30:45.160]  Start over with StartPage.
[01:30:45.160 --> 01:30:53.160]  Given the media prominence of guys like Larry Ellison and Richard Branson, it's easy to assume that all successful people are charismatic extroverts.
[01:30:53.160 --> 01:30:56.160]  But reason research is found, that's not the case.
[01:30:56.160 --> 01:31:03.160]  In fact, introverts do better than extroverts by a ratio of 4 to 1 and more often leave positive legacies.
[01:31:03.160 --> 01:31:08.160]  That's because introverts focus on one goal at a time rather than scattering their energies.
[01:31:08.160 --> 01:31:10.160]  They value teamwork more than ego.
[01:31:10.160 --> 01:31:15.160]  They're not threatened by high-performing colleagues and precisely because they're not in a limelight,
[01:31:15.160 --> 01:31:19.160]  they find it easier to admit their mistakes and change course when needed.
[01:31:19.160 --> 01:31:24.160]  So I guess the old saying is true, still waters really do run deep.
[01:31:24.160 --> 01:31:30.160]  Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:30.160 --> 01:31:36.160]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.160 --> 01:31:38.160]  The government says the fire brought it down.
[01:31:38.160 --> 01:31:43.160]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.160 --> 01:31:46.160]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.160 --> 01:31:49.160]  And thousands of my fellow force responders have died.
[01:31:49.160 --> 01:31:50.160]  I'm not a conspiracy theorist.
[01:31:50.160 --> 01:31:51.160]  I'm not a structural engineer.
[01:31:51.160 --> 01:31:52.160]  I'm a New York City correction officer.
[01:31:52.160 --> 01:31:53.160]  I'm an Air Force pilot.
[01:31:53.160 --> 01:31:55.160]  I'm the father who lost his son.
[01:31:55.160 --> 01:31:58.160]  We're Americans and we deserve the truth.
[01:31:58.160 --> 01:32:01.160]  Go to RememberBuilding7.org today.
[01:32:01.160 --> 01:32:03.160]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.160 --> 01:32:06.160]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.160 --> 01:32:09.160]  Come on, we all know the government caused it with their chemtrails.
[01:32:09.160 --> 01:32:11.160]  But good luck getting them to pay for it.
[01:32:11.160 --> 01:32:13.160]  OK, I might be kidding about the chemtrails.
[01:32:13.160 --> 01:32:14.160]  But I'm serious about your roof.
[01:32:14.160 --> 01:32:16.160]  That's why you have insurance.
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[01:32:41.160 --> 01:32:45.160]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.160 --> 01:32:50.160]  So if those out-of-town roofers come knocking, your door should be locked in.
[01:32:50.160 --> 01:32:56.160]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.160 --> 01:32:59.160]  Discounts are based on full roof replacement.
[01:32:59.160 --> 01:33:02.160]  And I actually be kidding about chemtrails.
[01:33:02.160 --> 01:33:29.160]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:29.160 --> 01:33:32.160]  Okay, we are back. Randy Kelton from Logos Radio.
[01:33:32.160 --> 01:33:36.160]  And we're talking to Dean in Texas.
[01:33:36.160 --> 01:33:38.160]  And I ran off the cliff again.
[01:33:38.160 --> 01:33:41.160]  Deborah's going to skin me alive.
[01:33:41.160 --> 01:33:47.160]  Okay, we were talking about how to protect yourself.
[01:33:47.160 --> 01:33:51.160]  You want to get them to violate a law so you can...
[01:33:51.160 --> 01:33:57.160]  And the more nitpicking and crappy it is, the better.
[01:33:57.160 --> 01:34:01.160]  Because there's no way these guys are going to want to act on it.
[01:34:01.160 --> 01:34:05.160]  And whatever you do, don't give them fair warning.
[01:34:05.160 --> 01:34:08.160]  Don't let them know what you got planned.
[01:34:08.160 --> 01:34:12.160]  And when you get up to that district judge and then file against him,
[01:34:12.160 --> 01:34:16.160]  man, the first time a policeman pulls you over,
[01:34:16.160 --> 01:34:20.160]  you accuse the district judge of sending him out there to do that.
[01:34:20.160 --> 01:34:23.160]  All of a sudden, you become taboo.
[01:34:23.160 --> 01:34:27.160]  They won't be able to tie one of these cops up and throw him on you.
[01:34:27.160 --> 01:34:30.160]  So you'll stop getting all of these complaints.
[01:34:30.160 --> 01:34:33.160]  Does that make sense?
[01:34:33.160 --> 01:34:36.160]  Yes.
[01:34:36.160 --> 01:34:45.160]  The last thing they want you to know is how powerful you are as a private citizen.
[01:34:45.160 --> 01:34:50.160]  Once they figure out you know these cops for the most part are cowards.
[01:34:50.160 --> 01:34:54.160]  They don't want anything to do with that judge.
[01:34:54.160 --> 01:34:56.160]  But now they've done their worst.
[01:34:56.160 --> 01:34:59.160]  Now it's your turn to start coming back and start pounding them.
[01:34:59.160 --> 01:35:06.160]  If I have the timeline, I'll try to get through it, look at it this weekend,
[01:35:06.160 --> 01:35:13.160]  and I'll start putting together a list of complaints.
[01:35:13.160 --> 01:35:19.160]  I'm building this litigation engine, the electronic paralegal.
[01:35:19.160 --> 01:35:21.160]  I'm building questionnaires.
[01:35:21.160 --> 01:35:24.160]  So every time now that I come across a case like this,
[01:35:24.160 --> 01:35:28.160]  I look at my questionnaire and I look at the issues you have
[01:35:28.160 --> 01:35:33.160]  and see if the issues you have are in my questionnaire.
[01:35:33.160 --> 01:35:36.160]  And if they're not, then I look.
[01:35:36.160 --> 01:35:38.160]  Go ahead.
[01:35:38.160 --> 01:35:44.160]  On that questionnaire then, do we, how do we keep updated
[01:35:44.160 --> 01:35:49.160]  on what you have provided new to us, to the site?
[01:35:49.160 --> 01:35:52.160]  Oh, you can just go in and fill it out.
[01:35:52.160 --> 01:36:00.160]  Once I get the site working, I'm going to make it so that the questionnaire itself is free
[01:36:00.160 --> 01:36:05.160]  and the initial documents will be free.
[01:36:05.160 --> 01:36:14.160]  And after the initial appearance, then the only thing I charge for are the secondary documents that are built by the questionnaires.
[01:36:14.160 --> 01:36:18.160]  So you can go in and go through the questionnaire and see it.
[01:36:18.160 --> 01:36:25.160]  And if you're already a customer, you can, we'll work it out where you can download them and keep up with it.
[01:36:25.160 --> 01:36:27.160]  Okay, that's great.
[01:36:27.160 --> 01:36:34.160]  But each time I come up with something like this that I don't have, that I haven't done before,
[01:36:34.160 --> 01:36:42.160]  then I go in, look at the questionnaire and see where I would crack open the questionnaire and add this question.
[01:36:42.160 --> 01:36:46.160]  So I'm going down, you're clicking, this happened, yes, this happened, yes.
[01:36:46.160 --> 01:36:52.160]  And then I get to this spot and I break it apart and I say, did this other thing happen?
[01:36:52.160 --> 01:36:55.160]  If you say yes, then I veer off to this issue.
[01:36:55.160 --> 01:36:58.160]  If you say no, I just keep going.
[01:36:58.160 --> 01:37:01.160]  So it just adds side roads.
[01:37:01.160 --> 01:37:06.160]  And every time a new issue comes up, we crack this thing apart and stick the question in there.
[01:37:06.160 --> 01:37:10.160]  If it didn't happen, you just bypass it like it's not even there.
[01:37:10.160 --> 01:37:11.160]  They're making a difference.
[01:37:11.160 --> 01:37:17.160]  If it does, it never ever forgets to ask the question.
[01:37:17.160 --> 01:37:20.160]  So it never misses the issue.
[01:37:20.160 --> 01:37:25.160]  And there are only a limited number of things they can actually do.
[01:37:25.160 --> 01:37:32.160]  So it won't really be that long until we have this thing pretty well filled up.
[01:37:32.160 --> 01:37:34.160]  But then there won't be anything they can do.
[01:37:34.160 --> 01:37:38.160]  You go into court today and they pull all their stuff.
[01:37:38.160 --> 01:37:40.160]  You go home, fill out the questionnaire.
[01:37:40.160 --> 01:37:50.160]  And by morning, you're dropping more documents on them and really sophisticated, fully hyperlinked documents.
[01:37:50.160 --> 01:37:54.160]  They're going to say, what in the world is going on here?
[01:37:54.160 --> 01:37:58.160]  We'll get this stuff straightened out.
[01:37:58.160 --> 01:38:02.160]  Okay, that sounds great, then.
[01:38:02.160 --> 01:38:07.160]  If you don't hear from me by Tuesday, call me.
[01:38:07.160 --> 01:38:11.160]  I've got a whole lot going on, especially implementing this tool.
[01:38:11.160 --> 01:38:13.160]  I've got a whole lot going on at the moment.
[01:38:13.160 --> 01:38:15.160]  So sometimes I get distracted.
[01:38:15.160 --> 01:38:18.160]  If you don't hear from me, either call me or email me.
[01:38:18.160 --> 01:38:22.160]  The first thing I do every morning is read my emails.
[01:38:22.160 --> 01:38:31.160]  And if it's something I really need to look at, put the subject line in all caps, then I make sure I'll catch that.
[01:38:31.160 --> 01:38:36.160]  I get about 100 emails a day, half of them trash.
[01:38:36.160 --> 01:38:44.160]  So if I've got a subject line in all caps, I'll know for sure to look at that one.
[01:38:44.160 --> 01:38:46.160]  Sounds good, then.
[01:38:46.160 --> 01:38:48.160]  And I thank you.
[01:38:48.160 --> 01:38:50.160]  Okay, thank you, Dean.
[01:38:50.160 --> 01:38:53.160]  Now we're going to go to John in New York.
[01:38:53.160 --> 01:38:58.160]  Hello, John.
[01:38:58.160 --> 01:39:02.160]  John, did I put you to sleep?
[01:39:02.160 --> 01:39:04.160]  Yeah, I have that effect on people.
[01:39:04.160 --> 01:39:06.160]  Okay, it looks like we lost John.
[01:39:06.160 --> 01:39:09.160]  Now we're going to Truth in...
[01:39:09.160 --> 01:39:12.160]  Is this Truth Raider or Toothless Raider?
[01:39:12.160 --> 01:39:17.160]  Toothless Raider, that's that way.
[01:39:17.160 --> 01:39:21.160]  Looking for the truth, and what is the definition of being a raider?
[01:39:21.160 --> 01:39:28.160]  Somebody who seeks and hunts and invades to seek what he wants to get.
[01:39:28.160 --> 01:39:32.160]  And it's the truth against the name Truth Raider.
[01:39:32.160 --> 01:39:34.160]  Good evening, Randy.
[01:39:34.160 --> 01:39:35.160]  Good evening.
[01:39:35.160 --> 01:39:36.160]  That was something very interesting.
[01:39:36.160 --> 01:39:38.160]  Got some discovery for you.
[01:39:38.160 --> 01:39:44.160]  I look back on an email that I had about two and a half years ago that I sent to Eddie.
[01:39:44.160 --> 01:39:47.160]  My very first traffic ticket.
[01:39:47.160 --> 01:39:51.160]  This is in June of 2015.
[01:39:51.160 --> 01:39:57.160]  And what I have in discovery is on the Oregon Uniform Citation Complaint.
[01:39:57.160 --> 01:40:00.160]  There's all the details with the officer wrote down.
[01:40:00.160 --> 01:40:06.160]  And about midway through that ticket form, it's one of these long digital forms that they fill out these days.
[01:40:06.160 --> 01:40:10.160]  And in this state, they don't require you to sign it.
[01:40:10.160 --> 01:40:12.160]  It's already signed by the officer and they just scan it.
[01:40:12.160 --> 01:40:14.160]  It's like a long best buy receipt.
[01:40:14.160 --> 01:40:15.160]  It's what it looks like.
[01:40:15.160 --> 01:40:20.160]  Computer generated long receipt that you get a warranty for an appliance or something like that.
[01:40:20.160 --> 01:40:22.160]  It's just really long copy.
[01:40:22.160 --> 01:40:30.160]  And right in smack dab in the middle of it, it says license information details, height and all that, weight and everything.
[01:40:30.160 --> 01:40:40.160]  License detail says expiration 2003.
[01:40:40.160 --> 01:40:44.160]  Okay. And this was 2015.
[01:40:44.160 --> 01:40:47.160]  2015.
[01:40:47.160 --> 01:40:58.160]  They have me on the status in their computer system to the Oregon DMV as being suspended.
[01:40:58.160 --> 01:41:01.160]  Wait a minute. Suspended or expired?
[01:41:01.160 --> 01:41:06.160]  Suspended.
[01:41:06.160 --> 01:41:10.160]  Okay. Was it actually suspended at that time?
[01:41:10.160 --> 01:41:12.160]  No.
[01:41:12.160 --> 01:41:19.160]  What occurred was that naturally expired on its own.
[01:41:19.160 --> 01:41:22.160]  So, that was where I was getting to.
[01:41:22.160 --> 01:41:29.160]  If your license expired, they always classify it as suspended.
[01:41:29.160 --> 01:41:35.160]  So, what is the legal difference between suspended and expired?
[01:41:35.160 --> 01:41:40.160]  I think there's a vast difference.
[01:41:40.160 --> 01:41:44.160]  I mean, I can do my opinion, but I don't know what legal impact.
[01:41:44.160 --> 01:41:47.160]  Here's what I'm thinking contractual wise.
[01:41:47.160 --> 01:41:51.160]  We were talking about this being a contract earlier.
[01:41:51.160 --> 01:41:58.160]  When you fill out the application, is the application perpetual?
[01:41:58.160 --> 01:42:08.160]  If it's perpetual and you don't renew it, then they just, your privileges are suspended until you renew.
[01:42:08.160 --> 01:42:15.160]  And it doesn't necessarily mean that they were adversely suspended.
[01:42:15.160 --> 01:42:19.160]  We read it and we think about they suspended my license.
[01:42:19.160 --> 01:42:25.160]  And it may be that what that means is that it's suspended automatically.
[01:42:25.160 --> 01:42:31.160]  But wouldn't that be for something like a performance?
[01:42:31.160 --> 01:42:42.160]  Say, I have points against my records or something I didn't comply with and there was an action taken.
[01:42:42.160 --> 01:42:46.160]  That's the point I was making about contractually.
[01:42:46.160 --> 01:42:49.160]  What does suspended really mean?
[01:42:49.160 --> 01:42:57.160]  Does it mean that it was adversely suspended or that you're under contract?
[01:42:57.160 --> 01:43:02.160]  If the contract is perpetual, then the contract still remains in force.
[01:43:02.160 --> 01:43:11.160]  But your privilege to drive is suspended because you didn't renew the license.
[01:43:11.160 --> 01:43:18.160]  So, did it suspend automatically or was it suspended adversely?
[01:43:18.160 --> 01:43:24.160]  We see suspended and we presume adversely, but does it really mean that?
[01:43:24.160 --> 01:43:32.160]  Yeah, I would say it was suspended automatically because I didn't have any...
[01:43:32.160 --> 01:43:39.160]  I'd like to look in the, it's a part of the contract that I haven't really looked closely at.
[01:43:39.160 --> 01:43:46.160]  And I probably need to do that because a lot of what we're doing here, we're doing based on presumption.
[01:43:46.160 --> 01:43:52.160]  What sounds rational and reasonable and it may or may not be true.
[01:43:52.160 --> 01:44:18.160]  It's like what they're doing, we have a license, therefore we're in contracts, therefore we're in commerce.
[01:44:23.160 --> 01:44:27.160]  So now you know hemp is not marijuana and marijuana is not hemp.
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[01:46:23.160 --> 01:46:25.160]  Okay, we are back.
[01:46:25.160 --> 01:46:31.160]  Randy Kelton with our radio and we're talking to Truth Raider in Oregon.
[01:46:31.160 --> 01:46:33.160]  Okay, go ahead, Truth.
[01:46:33.160 --> 01:46:37.160]  Okay, well, in the interest of time, that's just one...
[01:46:37.160 --> 01:46:42.160]  I think I wanted to bring up there about that, about the license and the expiration date there,
[01:46:42.160 --> 01:46:44.160]  if it had any bearing.
[01:46:44.160 --> 01:46:53.160]  But according to Eddie, what he said, that a license is not a contract, it's an open agreement.
[01:46:53.160 --> 01:46:55.160]  That's what he claims it to be.
[01:46:55.160 --> 01:46:59.160]  Okay, that's a fine distinction.
[01:46:59.160 --> 01:47:05.160]  An open agreement technically is a contract if something value changes hands.
[01:47:05.160 --> 01:47:11.160]  Yeah, he says it's not something that is binding.
[01:47:11.160 --> 01:47:14.160]  It's arbitrary.
[01:47:14.160 --> 01:47:19.160]  Okay, how does he get there?
[01:47:19.160 --> 01:47:22.160]  That sounds like a proactive statement of law out of his own mouth.
[01:47:22.160 --> 01:47:24.160]  How does he support that?
[01:47:24.160 --> 01:47:31.160]  And Eddie doesn't make proactive statements of law out of his own mouth, so I'm sure he's got something behind that.
[01:47:31.160 --> 01:47:32.160]  Yeah, yeah.
[01:47:32.160 --> 01:47:35.160]  I probably need to talk to him about this.
[01:47:35.160 --> 01:47:36.160]  Yeah, yeah.
[01:47:36.160 --> 01:47:41.160]  Well, let me talk to you about this, in the interest of time, about the courts.
[01:47:41.160 --> 01:47:44.160]  So this is your specialty, your area of stuff.
[01:47:44.160 --> 01:47:47.160]  I want to do the procedures of having fun in court.
[01:47:47.160 --> 01:47:54.160]  So I'm in the middle of the lawsuit right now, involving the sheriff deputy for my traffic stop.
[01:47:54.160 --> 01:48:03.160]  I sued two years ago, in which the officer did violate my rights and is in violation of the United States Code Title 42, 1983.
[01:48:03.160 --> 01:48:09.160]  Now, what I'm doing right now is I have a state case going right now.
[01:48:09.160 --> 01:48:17.160]  So I'm looking for cure in remedy in my petition for cure in remedy at the state level right now.
[01:48:17.160 --> 01:48:19.160]  So it's going to the circuit court.
[01:48:19.160 --> 01:48:26.160]  And I have his attorney, and I already spoke with you many times in the past several weeks about it a couple times.
[01:48:26.160 --> 01:48:28.160]  I spoke with you previously.
[01:48:28.160 --> 01:48:33.160]  Right now, we're at this phase, and we're at the phase right now is where I've already put my petition in.
[01:48:33.160 --> 01:48:41.160]  Then he responded that my petition was in error, and there's numerous things that I didn't explain in detail what's going on.
[01:48:41.160 --> 01:48:43.160]  I didn't construct my petition correctly.
[01:48:43.160 --> 01:48:47.160]  I didn't follow the Oregon rules of civil procedure correctly.
[01:48:47.160 --> 01:48:56.160]  And he requested a 21A dismissal, which I guess you would call in your terms as a 12B6 motion to dismissal hearing.
[01:48:56.160 --> 01:48:58.160]  I guess that's standard.
[01:48:58.160 --> 01:49:03.160]  And they do that at any time in these cases when they get an attorney to represent the officer.
[01:49:03.160 --> 01:49:07.160]  The attorney always uses this move.
[01:49:07.160 --> 01:49:12.160]  So I went to the court and as I explained to you before, he didn't show.
[01:49:12.160 --> 01:49:16.160]  He didn't show, but they decided to go ahead and call him on the phone anyway.
[01:49:16.160 --> 01:49:22.160]  And it wasn't scheduled for a telephone conference, but they went ahead and just chose to do that.
[01:49:22.160 --> 01:49:27.160]  And as a whim, go ahead and give him a second chance that put me in double jeopardy.
[01:49:27.160 --> 01:49:29.160]  So they contacted him.
[01:49:29.160 --> 01:49:35.160]  Then he explained the same thing in his legal ease, his legal terminology using his word magic.
[01:49:35.160 --> 01:49:42.160]  Saying that I failed to articulate properly following the guidelines, the Oregon rules of civil procedure.
[01:49:42.160 --> 01:49:44.160]  My case is baseless.
[01:49:44.160 --> 01:49:58.160]  I didn't describe what I guess what he was trying to say is I didn't describe my code step-by-step what the officer did as far as his violations of my rights.
[01:49:58.160 --> 01:50:08.160]  And following that, he just stated that something to the effect where since I didn't follow these particular steps,
[01:50:08.160 --> 01:50:18.160]  and I also didn't, I indicated dates where it occurred, time that had occurred, that just, that I'm trying to affect supervisors.
[01:50:18.160 --> 01:50:21.160]  Okay. Did the judge dismiss the case?
[01:50:21.160 --> 01:50:23.160]  Yes, he said, we don't, I agree.
[01:50:23.160 --> 01:50:32.160]  Okay, sir, I'm going to go ahead and dismiss your case with a, but I'm going to rule it in the favor of the defendants,
[01:50:32.160 --> 01:50:38.160]  but I'm going to offer that it's going to be dismissed without prejudice, so you're going to be fine.
[01:50:38.160 --> 01:50:42.160]  Okay, something I was waiting to say.
[01:50:42.160 --> 01:50:52.160]  When you get a motion to dismiss for failure to stay to claim, that always triggers the right to a free amendment.
[01:50:52.160 --> 01:51:00.160]  So I'm trying to help people formulate a different way of thinking about this.
[01:51:00.160 --> 01:51:09.160]  From what you said, I'd like what the prosecutor did or what the opposing counsel did.
[01:51:09.160 --> 01:51:14.160]  He raised an objection, and he did exactly what he was supposed to do.
[01:51:14.160 --> 01:51:18.160]  He said, this is what's wrong with the document.
[01:51:18.160 --> 01:51:22.160]  And when I get that, I pay close attention to it.
[01:51:22.160 --> 01:51:31.160]  And what I like to do is file an amended pleading. Anytime they file a motion to dismiss, it triggers a right to an amended pleading.
[01:51:31.160 --> 01:51:39.160]  And I like to start out with defendants, criticisms are well taken.
[01:51:39.160 --> 01:51:45.160]  And then I take each of their criticism and address them in my amended pleading.
[01:51:45.160 --> 01:51:53.160]  The other side is going to tell you what he thinks is wrong with your document, so you should pay close attention.
[01:51:53.160 --> 01:51:57.160]  And address everything that he said and file an amended.
[01:51:57.160 --> 01:52:04.160]  And then the judge, if he dismisses, then he's going to tell you what's wrong with it.
[01:52:04.160 --> 01:52:15.160]  And then they'll almost, if you have any kind of a decent pleading, they're not going to dismiss with prejudice.
[01:52:15.160 --> 01:52:18.160]  It'll trigger an automatic appeal, or not automatic, but it'll certainly trigger an appeal.
[01:52:18.160 --> 01:52:23.160]  So when the judge dismisses without prejudice, then you also have a right to amend.
[01:52:23.160 --> 01:52:31.160]  So you let these guys instruct you on how to file a case against them.
[01:52:31.160 --> 01:52:37.160]  And that's actually how the civil procedure is intended to be.
[01:52:37.160 --> 01:52:41.160]  It's intended to be civil and not so confrontational.
[01:52:41.160 --> 01:52:46.160]  Both sides, they're not intended to come here fighting with each other.
[01:52:46.160 --> 01:52:52.160]  They're intended to come to the court and say, we have this disagreement.
[01:52:52.160 --> 01:53:01.160]  Here are our issues. Can you find us a middle ground? Can you find us an adjudication that's in accordance with the law?
[01:53:01.160 --> 01:53:14.160]  And so, both, you know, Harman Taylor, we talk about him a lot, and he used to say he always considered a judge's rulings as instructive.
[01:53:14.160 --> 01:53:22.160]  They're always trying to teach you. I have people come on and say, well, the judge told the other side that they should do this.
[01:53:22.160 --> 01:53:26.160]  He's telling them how to fight my case against me.
[01:53:26.160 --> 01:53:29.160]  And I say, yeah, that's what he's supposed to do.
[01:53:29.160 --> 01:53:37.160]  He's going to tell them what's wrong with their pleadings, and he's going to tell you what's wrong with your pleadings so that he gets a good set of pleadings.
[01:53:37.160 --> 01:53:45.160]  And the point is, it's when you get a Rule 12 motion to dismiss or whatever they call it in Oregon, pay close attention.
[01:53:45.160 --> 01:53:53.160]  So that's your guideline for filing your amendment. So you got what you need to file your next action.
[01:53:53.160 --> 01:53:58.160]  Right. And I was given an unlimited amount of time, and I've already done so.
[01:53:58.160 --> 01:54:04.160]  I rearticulated my amended pleading, and I did scan it.
[01:54:04.160 --> 01:54:08.160]  I faxed it to him, and he did receive it in his office yesterday.
[01:54:08.160 --> 01:54:21.160]  And then he sent something in the mail to me today with the same language from his original objection to my filing here.
[01:54:21.160 --> 01:54:35.160]  It says, it's a civil page in the back, but here it's a health certificate of service and an order of motion to dismiss by this complaint, the public blog, the public system, stuff here.
[01:54:35.160 --> 01:54:46.160]  Here's the last page. It's confusing here in the last page, but it's new language that he's written to me or to the court on this, and basically says the process.
[01:54:46.160 --> 01:55:01.160]  It's pretty much, I guess after I sent that, it's a certificate of readiness or something like that is called under my case, you know, much, but what the certificate of readiness is, I guess.
[01:55:01.160 --> 01:55:06.160]  Don't know what that is. That must be unique to Oregon. What does it say?
[01:55:06.160 --> 01:55:17.160]  Okay, well, it's the defendant's statement under there, underneath the captions of my name, plaintiff versus the officer in the County Sheriff's Department that defendant I certify.
[01:55:17.160 --> 01:55:45.160]  This proposed judgment order is ready for judicial signature because of the other is one that checked. Yeah, certain boxes are checked. It says the checkbox. Each opposing party affected by this judgment order has approved the order or judgment as shown by signature on the document being submitted or by written or verbal confirmation of approval.
[01:55:45.160 --> 01:55:52.160]  Okay, so he's saying this is a agreed ruling that he's asking for.
[01:55:52.160 --> 01:55:53.160]  Okay.
[01:55:53.160 --> 01:56:13.160]  It's like I asked for a continuance. And before I get asked for a continuance, I call the other side and say, would he be okay with you if we move to continue this to another time? They say, sure. And you'd follow him in a agreed motion. So there's no, there's no objection on either side. And then the judge can just sign it with no problem.
[01:56:13.160 --> 01:56:17.160]  So what is it that he's claiming is agreed?
[01:56:17.160 --> 01:56:36.160]  Okay, I have served a copy of this judgment in all parties entitled to service and it's checked. No objection has been served on me within the seven day timeframe. Okay, so he's claiming that I haven't objected to him going in filing out the finishing paperwork to dismiss my case.
[01:56:36.160 --> 01:56:37.160]  So it looks like.
[01:56:37.160 --> 01:56:40.160]  Okay, did you file an amended pleading?
[01:56:40.160 --> 01:56:46.160]  Yes, after I sent him on and he confirmed that I received my minute pleading.
[01:56:46.160 --> 01:56:52.160]  And everything before the amended pleading is moot.
[01:56:52.160 --> 01:56:56.160]  It doesn't matter because this is a whole new case.
[01:56:56.160 --> 01:56:58.160]  Okay.
[01:56:58.160 --> 01:57:15.160]  So you should file a grievance against him for filing that and file an opposition saying that the previous objections of the opposing counsel are moot as you have filed an amended pleading.
[01:57:15.160 --> 01:57:23.160]  All right, he's not confirming that in this letter here. It looks as if I've defaulted in my objections what it looks like.
[01:57:23.160 --> 01:57:33.160]  And it may be that it may be that this is filed an error that the amended pleading didn't get to his desk in time before he sent this out.
[01:57:33.160 --> 01:57:50.160]  All right, maybe so that's what it sounds like. So, you know, lawyers are busy in that and judges understand that that sometimes these things happen. It's not always that they're intended to be acting proper and just being pedantic and following code.
[01:57:50.160 --> 01:57:55.160]  And sometimes the paralegals, they lose stuff in the office.
[01:57:55.160 --> 01:58:07.160]  So you might file an opposition stating that you filed within the time limit you filed an amended pleading and therefore all his arguments are moot.
[01:58:07.160 --> 01:58:16.160]  And he's likely to look at that and then notice the judge that he did get this and he didn't see it in time and just a technical thing.
[01:58:16.160 --> 01:58:20.160]  Do I have to refile and pay the filing fees all over again or is this continued?
[01:58:20.160 --> 01:58:28.160]  No, no, no, you just file it. You've already paid unless, you know, some California charges you for certain motions and stuff and some statements.
[01:58:28.160 --> 01:58:35.160]  But you don't have to pay the filing fees again. No, an amended pleading is in the same case.
[01:58:35.160 --> 01:58:39.160]  Super. All right, we'll get on it. All right, Randy, thanks a bunch.
[01:58:39.160 --> 01:58:50.160]  Okay, thank you all for listening. We're out of time. Randy Kelton, Rural Law Radio. We'll be back next week. Thank you all for listening. Good night.
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