ROL_2018-01-12_16k_Hr3-4.timecode

[00:00.000 --> 00:07.960]  The following news flash is brought to you by The Lone Star Lowdown.
[00:07.960 --> 00:14.080]  Markets for Monday, 8th of January, 2018, opened with gold at $1,320.02 an ounce, silver
[00:14.080 --> 00:23.000]  $17.20 an ounce, Texas Crude $61.44 a barrel, Bitcoin $16,028.30, while Bitcoin cashed at
[00:23.000 --> 00:35.000]  $2,757.56, finally dash coins at $1,284.36, a crypto coin.
[00:35.000 --> 00:40.760]  Today in history, the year 1835, the United States government national debt is zero for
[00:40.760 --> 00:45.800]  the first time and presumably only time in the government's existence. Zero government
[00:45.800 --> 00:50.520]  debt? Today in history.
[00:50.520 --> 00:54.360]  For recent news, the president will undergo a two-hour physical exam which will include
[00:54.360 --> 00:58.520]  urine blood analysis, cardiac evaluation, and some more personal prying with sleeping
[00:58.520 --> 01:02.920]  habits and even his romantic life being discussed with the multi-administration presidential
[01:02.920 --> 01:07.800]  physician. It seems the president may be wanting to late arrest the recent lineup of criticisms
[01:07.800 --> 01:11.720]  questioning his mental health and stability. Apparently some of the president's more recent
[01:11.720 --> 01:16.360]  tweets directed towards North Korea's Kim Jong Un and the author of the book Fire and
[01:16.360 --> 01:20.960]  Fury, Michael Wolfe, has many thinking that the president should perhaps be more articulate
[01:20.960 --> 01:23.240]  and less rash with his tweets.
[01:23.240 --> 01:30.680]  U.S. District Court Judge Gloria Namvaro dismissed cases against Nevada Rancher Clive and Bundy,
[01:30.680 --> 01:35.720]  two sons and a Montana militiaman today. Judge ruled that the government's lawyers suppressed
[01:35.720 --> 01:41.080]  footage from several cameras that were set up by the FBI around the Bundy's family home
[01:41.080 --> 01:45.280]  that would have been favorable in the defendant's case when Mr. Bundy was released today Monday
[01:45.280 --> 01:50.040]  after leaving the courthouse, he told reporters that I've been a political prisoner for 700
[01:50.040 --> 01:54.240]  days. He hadn't seen his wife for nearly two years due to the fact that he had refused
[01:54.240 --> 02:01.200]  any conditional release which required him to forfeit his trial by jury rights.
[02:01.200 --> 02:05.560]  Former Google engineer James D'Amour filed a class action lawsuit against the Alphabet
[02:05.560 --> 02:10.320]  Corporation on Monday claiming that it discriminates against white men and those with conservative
[02:10.320 --> 02:15.480]  leaning views. D'Amour was terminated for dismantling a memo essentially questioning the company's
[02:15.480 --> 02:21.000]  diversity policies. The suit is basically arguing that Google employees who express views deviating
[02:21.000 --> 02:26.520]  from corporate sentiments on politics and practices like diversity hiring policies by
[02:26.520 --> 02:32.520]  a sensitivity and social justice were singled out, mistreated and systematically punished
[02:32.520 --> 02:34.080]  and terminated from Google.
[02:34.080 --> 02:38.280]  Google spokesman Tasha Parr sent a response that we look forward to defending against
[02:38.280 --> 02:45.280]  Mr. D'Amour's lawsuit in court.
[03:08.280 --> 03:15.280]  Thank you Mr. D'Amour.
[03:38.280 --> 03:45.280]  Okay, we are back. We're in the Kelsen Rue La Radio and we're talking to Tim in Tennessee,
[03:45.280 --> 03:57.280]  Tennessee. Tim in Texas about, this was a case where Tim was, has a auto repair business
[03:57.280 --> 04:04.800]  and his wife was on the city council and didn't vote for the city administrator's raise so
[04:04.800 --> 04:11.800]  when she got off the city council, the city administrator started a retaliatory program,
[04:11.800 --> 04:21.680]  a retaliatory attack against them to try to pay them back and it has backfired on them
[04:21.680 --> 04:29.280]  because Tim didn't lay down a rollover for them. So they charged him with having eight
[04:29.280 --> 04:44.200]  junk vehicles. They, Tim demanded a jury trial. The lawyer drew Tim aside and advised him
[04:44.200 --> 04:50.160]  that he should ask for an administrative hearing to determine the disposition of the vehicles
[04:50.160 --> 04:55.760]  because he's saying that they're not junk because he's working on them. They convened
[04:55.760 --> 05:01.880]  a hearing and instead of determining the disposition of the vehicles, they hold a trial. But Tim
[05:01.880 --> 05:09.360]  hadn't waived his jury trial demands so they couldn't have a trial. Well, they did anyway.
[05:09.360 --> 05:17.920]  So we filed a, Tim filed a challenge subject matter jurisdiction in the trial court before
[05:17.920 --> 05:23.760]  they had this administrative hearing and Tim agreed to the administrative hearing while
[05:23.760 --> 05:32.400]  we're waiting for the ruling on the challenge subject matter jurisdiction. Well, the court
[05:32.400 --> 05:39.520]  jurisdiction, it was a special appearance. No, we had a special appearance. We also
[05:39.520 --> 05:45.560]  had, oh, this was the first day. Yeah. We had a special appearance. The judge said
[05:45.560 --> 05:50.680]  he didn't know what it was and he agreed to the. We had the administrative hearing and
[05:50.680 --> 05:57.840]  they ambushed us and then it was. Then we did the challenge subject matter jurisdiction.
[05:57.840 --> 06:02.520]  We did the challenge to subject matter jurisdiction. Yeah. And then they didn't answer. So we
[06:02.520 --> 06:09.200]  did a summary judgment on the subject matter jurisdiction challenge and they didn't answer
[06:09.200 --> 06:16.320]  that and they refused to set a hearing date to hear the summary judgment motion. Right.
[06:16.320 --> 06:24.000]  So then while we're waiting for that to time out so we can, the petition for a mandamus,
[06:24.000 --> 06:30.960]  they filed this collection. This. Yeah. They filed a suit in the district court to collect
[06:30.960 --> 06:42.920]  the fees where they improperly felt a administrative hearing that turned out to be a criminal prosecution.
[06:42.920 --> 06:50.080]  This is probably about as stupid as they could get. And the thing that came to my mind today
[06:50.080 --> 06:56.840]  was the first day that we went into the court. We were waiting for you to drive up. We got
[06:56.840 --> 07:04.080]  in there about 30 seconds before the clock started. We get inside and on the little table
[07:04.080 --> 07:10.600]  to the right, there was a paper and it had every one of the cars and the complaints written
[07:10.600 --> 07:16.560]  in a list. I guess the court clerk had prepared it and it had a fine for each one, $40 for
[07:16.560 --> 07:26.920]  each one, $66 for administrative fees for each one of those. So I picked it up. Well,
[07:26.920 --> 07:32.520]  apparently they didn't want me to have it because that's probably if I, if when she
[07:32.520 --> 07:36.640]  took me to the back room and I said, okay, how much do I have to pay you? That's probably
[07:36.640 --> 07:44.680]  what they would have charged me. Okay. But because I said I was not guilty and then
[07:44.680 --> 07:52.120]  she offered me the administrative hearing, she's basically had it all planned out, what
[07:52.120 --> 07:59.960]  they were going to do. And then two weeks later, I'm being fined $1,000 a piece. And
[07:59.960 --> 08:06.040]  now because I didn't pay that and I filed a challenge to subject matter jurisdiction
[08:06.040 --> 08:13.040]  on top of the special appearance for the first day. And then the summary judgment, they're
[08:13.040 --> 08:17.920]  ignoring it. And now they're coming after me in district court to collect and not just
[08:17.920 --> 08:27.680]  that, but everything that they can gather with that and they put $100,000 or less in
[08:27.680 --> 08:39.920]  the, their pleading. So we came back at them with a counter suit. So and at the same time,
[08:39.920 --> 08:47.440]  we also did the criminal complaint against the prosecuting attorney and that she did
[08:47.440 --> 08:59.000]  baritry. So it looks, if we were to use that one paper from the first day, it looks like
[08:59.000 --> 09:07.280]  it's punishment because the person is trying to stand up for his rights and get a jury
[09:07.280 --> 09:17.840]  of his peers to look at things and they don't want that. Am I correct?
[09:17.840 --> 09:25.120]  You're exactly correct. They want you to just lay down and rollover and pay the fine and
[09:25.120 --> 09:34.160]  don't give them a hard time. Yeah, they're going to do everything they can to make this
[09:34.160 --> 09:40.680]  difficult because they're used to people just laying down and rolling over for them. Well,
[09:40.680 --> 09:44.040]  they're not used to somebody coming back and fighting them.
[09:44.040 --> 09:50.760]  Well, this thing that we're trying to file now to get a restraining order is a declaratory
[09:50.760 --> 09:59.400]  judgment. And I heard you talking to a caller before me, I believe, or the second, the lady.
[09:59.400 --> 10:06.760]  You were talking to her about a declaratory judgment. And this declaratory judgment,
[10:06.760 --> 10:13.240]  you were saying you don't want them to go after a public official or they don't want
[10:13.240 --> 10:18.280]  to go after a public official. So you just, you put it in here in a way that they will
[10:18.280 --> 10:30.040]  just, you know, like in my case, what would it mean? Because it's talking about, can I
[10:30.040 --> 10:33.120]  read this? Yes.
[10:33.120 --> 10:38.560]  In a separate claim, defendant counterclaimment that alleged that when the legislature authorized
[10:38.560 --> 10:45.720]  the municipal corporation, which is the city of enact ordinances, the legislature cannot
[10:45.720 --> 10:52.400]  be construed as to have authorized the city of Newark, the authority to enact penal law
[10:52.400 --> 10:58.920]  to which the public would be liable. Defendant counterclaimment did not argue that city employees
[10:58.920 --> 11:02.840]  or others under contract to the municipal corporation could be construed to fall under
[11:02.840 --> 11:07.960]  the ordinances of the city. However, to construe that certain ordinances applied to persons
[11:07.960 --> 11:13.280]  who had not agreed to be bound by same through contract would have the effect of construing
[11:13.280 --> 11:18.960]  that the legislature delegated its lawmaking powers for which there is no constitutional
[11:18.960 --> 11:26.600]  authorization. Defendant counterclaimment's only petition against the city of Newark
[11:26.600 --> 11:31.880]  was a petition for a declaration of the rights of the parties and had nothing to do with
[11:31.880 --> 11:43.000]  the improper actions of the administrative board counter-defendants. So where are we
[11:43.000 --> 11:48.440]  with that? What's the benefit of that?
[11:48.440 --> 12:00.880]  The benefit of that is, is we have a constitutional challenge against the application of their
[12:00.880 --> 12:13.680]  ordinance. If they get a ruling against them, it changes the world as we know it. It changes
[12:13.680 --> 12:25.240]  their world. They can no longer enforce their ordinances against anybody but city employees
[12:25.240 --> 12:33.320]  or someone contracted with the city. They are really not going to want that to happen,
[12:33.320 --> 12:40.400]  but they've got an incompetent lawyer here who set them up for it. Now, there is no way
[12:40.400 --> 12:47.280]  that we're going to get a default ruling saying that all of the city ordinances are
[12:47.280 --> 12:57.760]  unenforceable against the public. That's not going to happen. But what are they going
[12:57.760 --> 13:06.000]  to do to stop it now? They're stuck because the lawyer, the young lawyer didn't know what
[13:06.000 --> 13:10.880]  she was doing and she created a mess.
[13:10.880 --> 13:17.800]  Okay, how is this, I'm not seeing something. So just explain to me, because this has been
[13:17.800 --> 13:22.080]  my question all the time. Every time I would read it in one of the documents, I would see
[13:22.080 --> 13:29.000]  where you said that they could not apply, what was it, how did you word it, they could
[13:29.000 --> 13:38.560]  not apply laws to a private citizen. I did not have a contract.
[13:38.560 --> 13:45.040]  The legislature was authorized to write law. Yes.
[13:45.040 --> 13:51.360]  And they were authorized to create courts and they created municipal courts and create courts
[13:51.360 --> 14:00.560]  as they need. And they authorized municipal corporations to write ordinances, not laws.
[14:00.560 --> 14:09.360]  Okay, is this Article 3, Sections 29 through 39? I think so. I don't have all that. I don't
[14:09.360 --> 14:15.600]  argue this enough to have it all memorized in my head, but yes, I expect it is.
[14:15.600 --> 14:22.960]  They delegated certain authority to the legislature and writing law was one of them. They did
[14:22.960 --> 14:30.720]  not delegate the authority of the legislature, I'm sorry, let me back up. They delegated authority
[14:30.720 --> 14:36.560]  of the legislature to create courts as they need them because the legislature created
[14:36.560 --> 14:46.560]  district courts, constitutional county courts, county commissioners court and county court
[14:46.560 --> 14:56.240]  law. The constitution did that. But they authorized the legislature to create other courts as
[14:56.240 --> 15:03.800]  they need them. So they created municipal courts. I didn't do that part. But the constitution
[15:03.800 --> 15:13.080]  does not authorize the legislature to delegate its power to anyone else. Lawmaking power.
[15:13.080 --> 15:26.600]  Now an ordinance is just a corporate canon. The municipality is a municipal corporation
[15:26.600 --> 15:34.840]  and it can write municipal or corporate canons and they call them ordinances. And they apply
[15:34.840 --> 15:44.600]  to anybody who's in contract with the municipality. But if they apply those ordinances to the
[15:44.600 --> 15:51.840]  general public who are not in contract with them or in comity with them, then that's a
[15:51.840 --> 16:00.760]  law and only the legislature can write law. That's our argument.
[16:00.760 --> 16:10.840]  Lawmaking law. Now the legislature could have created a set of ordinances and called
[16:10.840 --> 16:18.760]  them law and made them enforceable by the municipalities. But they didn't do that.
[16:18.760 --> 16:30.720]  Why? Good question. Is there an answer? Well, they wanted to let the local municipalities
[16:30.720 --> 16:44.120]  to be able to control or have some control over their own business. But they left too
[16:44.120 --> 16:54.800]  much up in the air. They can't delegate the authority of the municipality to express municipal
[16:54.800 --> 17:01.800]  corporate canons on the general public.
[17:01.800 --> 17:28.800]  Lawmaking law. Now the legislature could have created a set of ordinances and called them
[17:28.800 --> 17:35.800]  law and made them enforceable by the municipalities. But if they didn't do that, then that's a
[17:35.800 --> 17:46.800]  law and only the legislature could have created a set of ordinances and called them law.
[17:46.800 --> 18:02.800]  Lawmaking law. Now the legislature could have created a set of ordinances and called them
[18:02.800 --> 18:14.800]  law. Now the legislature could have created a set of ordinances and called them law.
[18:14.800 --> 18:25.800]  Now the legislature could have created a set of ordinances and called them law and made
[18:25.800 --> 18:30.320]  phone calls, how to get debt collectors out of your credit report, how to turn the financial
[18:30.320 --> 18:34.080]  tables on them and make them pay you to go away.
[18:34.080 --> 18:39.200]  The Michael Mirris proven method is the solution for how to stop debt collectors.
[18:39.200 --> 18:41.320]  Personal consultation is available as well.
[18:41.320 --> 18:46.880]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner
[18:46.880 --> 18:54.840]  or email michaelmirris at yahoo.com, that's ruleoflawradio.com or email m-i-c-h-a-e-l
[18:54.840 --> 19:01.840]  m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors next.
[19:01.840 --> 19:10.840]  You are listening to the Logos Radio Network, Logos Radio Network dot com.
[19:10.840 --> 19:17.840]  Well don't let nothing get to you, only the father can't do it for you.
[19:17.840 --> 19:23.840]  But don't let bad mind people hurt you, until they can get behind you.
[19:23.840 --> 19:25.840]  You know what I mean?
[19:25.840 --> 19:28.840]  My friend, now I've got you there to come.
[19:28.840 --> 19:31.840]  Trust in God, my friend.
[19:31.840 --> 19:33.840]  Tell him your problem came.
[19:33.840 --> 19:36.840]  Call on his name once a day.
[19:36.840 --> 19:39.840]  He will tell you know he works day in.
[19:39.840 --> 19:42.840]  Trust in God, my friend.
[19:42.840 --> 19:45.840]  Tell him your problem came.
[19:45.840 --> 19:48.840]  Call on his name once a day.
[19:48.840 --> 19:51.840]  He will tell you know he works day in.
[19:51.840 --> 19:54.840]  He and me came, man he is everything.
[19:54.840 --> 19:57.840]  He's everything to me that I'm gonna call him.
[19:57.840 --> 20:00.840]  He'll tell me me and me pray to him.
[20:00.840 --> 20:03.840]  Because he's the only one could answer him.
[20:03.840 --> 20:08.840]  May not be missed what we came man saying.
[20:08.840 --> 20:10.840]  Okay, we are back.
[20:10.840 --> 20:12.840]  Randy Kelton, rule of law radio.
[20:12.840 --> 20:18.840]  And I have a caller page if I can find it.
[20:18.840 --> 20:24.840]  Give me just a second, Tim, till I can bring the caller page back up.
[20:24.840 --> 20:35.840]  I was trying to get the, some stuff in the background on while I was on break and I messed some things up.
[20:35.840 --> 20:37.840]  Yeah.
[20:37.840 --> 20:39.840]  Oh man.
[20:39.840 --> 20:46.840]  Okay, okay, okay, I got it, okay.
[20:46.840 --> 20:53.840]  I've got to re log into the caller page.
[20:53.840 --> 20:55.840]  Okay, I'm back again.
[20:55.840 --> 20:58.840]  Okay, you weren't muted so we could have went on anyway.
[20:58.840 --> 20:59.840]  Okay.
[20:59.840 --> 21:01.840]  Okay.
[21:01.840 --> 21:05.840]  Where were we?
[21:05.840 --> 21:10.840]  Well the Declaratory Judge Declaratory, what is it called?
[21:10.840 --> 21:14.840]  This is all new stuff to me.
[21:14.840 --> 21:16.840]  Declaratory Judgement.
[21:16.840 --> 21:28.840]  Okay, well, the crux of where we're at is, is we have a constitutional challenge that they didn't answer.
[21:28.840 --> 21:32.840]  Now we did that on the challenge subject matter jurisdiction, right?
[21:32.840 --> 21:34.840]  Yeah, yes.
[21:34.840 --> 21:51.840]  Now when I filed it that when they got the constitutional challenge, the lawyers would have gotten pretty excited because the last thing they want is a bad case to get to the Court of Appeals.
[21:51.840 --> 22:12.840]  They don't want the Court in a position to where in order to keep from making a horrible mess of law that they have to render a ruling that keeps from creating a mess in one place while creating a bigger mess than the other.
[22:12.840 --> 22:15.840]  Let me kind of explain.
[22:15.840 --> 22:22.840]  Guys are always saying be careful of how you ask questions because you might get an answer you don't like.
[22:22.840 --> 22:23.840]  Right.
[22:23.840 --> 22:29.840]  We have a right to summary judgment on our pleadings because they didn't answer them.
[22:29.840 --> 22:30.840]  Right.
[22:30.840 --> 22:40.840]  But if we get, if we get summary judgment on our pleadings, then it changes underlying law in Texas.
[22:40.840 --> 22:46.840]  It says that city ordinances in Texas don't apply to the general public.
[22:46.840 --> 22:48.840]  Wow.
[22:48.840 --> 22:52.840]  They're not going to want that to happen.
[22:52.840 --> 23:04.840]  You're in a little podunk Newark, Texas, and they're going to change it so that Dallas, Houston, San Antonio can't enforce their municipal ordinances.
[23:04.840 --> 23:08.840]  The courts are not going to give us that ruling.
[23:08.840 --> 23:16.840]  But if they don't give us that ruling, then they deny us in our right to summary judgment.
[23:16.840 --> 23:27.840]  It is the job of Learning Council to make sure that the Court of Appeals doesn't get in that position.
[23:27.840 --> 23:35.840]  And they're likely to tear a button off her shirt for letting this get to them.
[23:35.840 --> 23:43.840]  So you're here having to deal with all this and you see this going on and on and they keep doing stuff.
[23:43.840 --> 23:47.840]  But what you haven't seen is both sides yet.
[23:47.840 --> 23:53.840]  You haven't been to the back side where it starts to turn on these guys.
[23:53.840 --> 23:56.840]  And you're getting there.
[23:56.840 --> 24:04.840]  When we filed the petition to declare toward judgment or petition for Rida Mandamus with a county judge and he didn't want to act on it.
[24:04.840 --> 24:10.840]  I'm thinking, great, great, screw up all you want to, never interfere with somebody when they screw it up.
[24:10.840 --> 24:15.840]  Because this is going to black judge Kudzai.
[24:15.840 --> 24:19.840]  He is not going to be happy when he gets overturned.
[24:19.840 --> 24:25.840]  And essentially the Court of Appeals is going to say to him, didn't you read your manual?
[24:25.840 --> 24:27.840]  Duh.
[24:27.840 --> 24:30.840]  He never answered it one way or the other.
[24:30.840 --> 24:33.840]  So how is it overturned?
[24:33.840 --> 24:37.840]  Wait, he never answered it.
[24:37.840 --> 24:39.840]  Who never answered what?
[24:39.840 --> 24:50.840]  Judge Kudz spoke to us three times on the telephone and said he could not even hear for our restraining order.
[24:50.840 --> 24:55.840]  Okay, and then we'll, okay, then he told us that.
[24:55.840 --> 25:00.840]  He's not going to lie to the Court of Appeals and say he didn't tell us that.
[25:00.840 --> 25:10.840]  We'll go to the Court of Appeals and ask for a mandamus from them to order Judge Kudz to issue the mandamus he should have issued in the first place.
[25:10.840 --> 25:13.840]  I thought we were to go back to the district court.
[25:13.840 --> 25:19.840]  Well, first we have to go to the district court because that's where Kudz sent us.
[25:19.840 --> 25:20.840]  Okay.
[25:20.840 --> 25:23.840]  Doesn't matter if we know it's wrong, that's where he sent us.
[25:23.840 --> 25:26.840]  We say, okay, you want us to go there?
[25:26.840 --> 25:30.840]  We go to the district court and get the district court to toss it out.
[25:30.840 --> 25:31.840]  Okay.
[25:31.840 --> 25:36.840]  So when we go to the Court of Appeals, we've done everything we were supposed to.
[25:36.840 --> 25:40.840]  We followed all the instructions and they were all wrong.
[25:40.840 --> 25:44.840]  And we asked the Court of Appeals to sort out this issue.
[25:44.840 --> 25:54.840]  And the Court of Appeals, they're going to come back and tell Judge Kudz, the law says, you have to do this, so go do this.
[25:54.840 --> 25:58.840]  That'll black his eye and he's not going to be happy with these people.
[25:58.840 --> 25:59.840]  Okay.
[25:59.840 --> 26:17.840]  What benefit does it do me if I have a certain amount of days to do what the city is now coming after me for that we are now trying to get a restraining order against them?
[26:17.840 --> 26:20.840]  I'm not sure what that question is.
[26:20.840 --> 26:25.840]  The question is they sent us two more ordinance violations.
[26:25.840 --> 26:26.840]  Yes.
[26:26.840 --> 26:37.840]  The intention of this filing for a restraining order and a junction against us to stop until we get the municipal court to...
[26:37.840 --> 26:38.840]  Okay.
[26:38.840 --> 26:39.840]  Okay.
[26:39.840 --> 26:40.840]  Now I understand the question.
[26:40.840 --> 26:48.840]  You already got these two new citations, two new notices.
[26:48.840 --> 26:49.840]  Yes.
[26:49.840 --> 26:50.840]  Okay.
[26:50.840 --> 27:15.840]  We are asking the Court to stay enforcement of these two complaints and to restrict the city of Newark from writing anymore.
[27:15.840 --> 27:16.840]  Yes.
[27:16.840 --> 27:19.840]  So you won't get anymore.
[27:19.840 --> 27:24.840]  It's an end of all this stuff until these cases are adjudicated.
[27:24.840 --> 27:33.840]  It's not really a big deal to not likely write anymore anyway because of it's going to look like retaliation.
[27:33.840 --> 27:44.840]  And we could go into the district court and ask for a restraining order against them for stacking complaints.
[27:44.840 --> 27:48.840]  Now we've already filed the action.
[27:48.840 --> 27:50.840]  We followed the steps.
[27:50.840 --> 27:52.840]  Just follow the thunder.
[27:52.840 --> 27:56.840]  The county judge sends you to the district court, give it to the district court.
[27:56.840 --> 27:58.840]  District court may figure out he can do this.
[27:58.840 --> 27:59.840]  He may think he can.
[27:59.840 --> 28:01.840]  And if he does, works for me.
[28:01.840 --> 28:06.840]  And if the other side doesn't think he can, well they can appeal it.
[28:06.840 --> 28:14.840]  But in either case, they'll stop writing these while this is in the courts or they'll risk being sanctioned by the court.
[28:14.840 --> 28:17.840]  It takes time and there's no magic.
[28:17.840 --> 28:18.840]  So I understand.
[28:18.840 --> 28:22.840]  So now the 26th is my deadline to have my parking lot striped.
[28:22.840 --> 28:32.840]  So the courts are not going to, I mean if the district court turns me down, then we have to go to the court of appeal.
[28:32.840 --> 28:35.840]  So that's going to take several months.
[28:35.840 --> 28:38.840]  So I might as well go ahead and strap my parking lot.
[28:38.840 --> 28:39.840]  Yeah.
[28:39.840 --> 28:42.840]  Of all the things they had to do, that's probably the easiest.
[28:42.840 --> 28:44.840]  Yeah.
[28:44.840 --> 28:46.840]  And get one of those little carts with us.
[28:46.840 --> 28:50.840]  You put a spray can in and just squirt squirt.
[28:50.840 --> 28:51.840]  Yeah.
[28:51.840 --> 28:52.840]  Yeah.
[28:52.840 --> 28:54.840]  So anyway.
[28:54.840 --> 28:55.840]  Okay.
[28:55.840 --> 28:58.840]  You might do something interesting just for fun.
[28:58.840 --> 29:04.840]  You know, I'm here in Austin and Austin is changing how they park.
[29:04.840 --> 29:07.840]  They did it first on South Congress.
[29:07.840 --> 29:12.840]  South Congress' tourist section is really, really busy.
[29:12.840 --> 29:16.840]  It's two lanes and two parking lanes.
[29:16.840 --> 29:18.840]  And it's straight in.
[29:18.840 --> 29:23.840]  It was straight in parking and you try to back out into a really busy street.
[29:23.840 --> 29:27.840]  It was just disastrous.
[29:27.840 --> 29:29.840]  So they changed it.
[29:29.840 --> 29:32.840]  They got angled parking.
[29:32.840 --> 29:37.840]  But with angled parking, you're still backing out into heavy traffic.
[29:37.840 --> 29:43.840]  So they switched the angle parking so that instead of pulling in,
[29:43.840 --> 29:49.840]  you pull past the parking spot and back in so that when you leave,
[29:49.840 --> 29:52.840]  you're pulling out into traffic and see what's going on.
[29:52.840 --> 29:55.840]  You're not looking back over your shoulder.
[29:55.840 --> 29:56.840]  Yeah.
[29:56.840 --> 30:02.840]  I thought that was a great...
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[32:04.840 --> 32:07.840]  In today's America, we live in a us-against-them society,
[32:07.840 --> 32:09.840]  and if we, the people, are ever going to have a free society,
[32:09.840 --> 32:12.840]  then we're going to have to stand and defend our own rights.
[32:12.840 --> 32:15.840]  Among those rights are the right to travel freely from place to place,
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[34:26.840 --> 34:40.840]  The Law Versus the Lie, video and audio of the original 2009 seminar,
[34:40.840 --> 34:55.840]  The Law Versus the Lie, video and audio of the original 2009 seminar,
[34:55.840 --> 35:08.840]  The Law Versus the Lie, video and audio of the original 2009 seminar,
[35:08.840 --> 35:11.840]  No matter what you do, they just start blowing you off,
[35:11.840 --> 35:15.840]  especially if you're in municipal courts.
[35:15.840 --> 35:22.840]  Because municipal courts, they're just kind of the lowest level of the courts,
[35:22.840 --> 35:25.840]  and they pretty well do what they want to.
[35:25.840 --> 35:31.840]  And 90% of the people just lay down and roll over for it.
[35:31.840 --> 35:33.840]  And when somebody comes along and fights them back,
[35:33.840 --> 35:35.840]  they don't want to do it.
[35:35.840 --> 35:40.840]  And they start screwing up, and they just keep screwing up,
[35:40.840 --> 35:45.840]  until they're pushed out of their little local courts, up into the higher courts,
[35:45.840 --> 35:49.840]  and then the higher courts start stomping all over them.
[35:49.840 --> 35:52.840]  But it takes a while to get there.
[35:52.840 --> 35:54.840]  You've got a hearing coming up.
[35:54.840 --> 35:56.840]  It's still a part of this case, regardless.
[35:56.840 --> 35:59.840]  Yeah, you've got a hearing coming up pretty soon,
[35:59.840 --> 36:05.840]  where now the municipality is going to have to come into a higher court.
[36:05.840 --> 36:14.840]  And in Tim's case, the judge we had in Wise County was a real stinker,
[36:14.840 --> 36:16.840]  but he passed away.
[36:16.840 --> 36:24.840]  And now the governor has appointed probably the smartest lawyer in Wise County
[36:24.840 --> 36:27.840]  as the new district judge.
[36:27.840 --> 36:37.840]  I couldn't think of a better person to be in place as a district judge than this guy.
[36:37.840 --> 36:46.840]  And he's got a lot of pride in his knowledge and skill as a lawyer.
[36:46.840 --> 36:50.840]  So the other judge never practiced in court.
[36:50.840 --> 36:56.840]  All he did was research in white briefs, because he wasn't confident.
[36:56.840 --> 37:00.840]  And then he got on the bench and he just did whatever he felt like doing,
[37:00.840 --> 37:02.840]  because he was totally in conflict.
[37:02.840 --> 37:04.840]  This judge is not.
[37:04.840 --> 37:08.840]  This judge is smart, and he's proud of his profession.
[37:08.840 --> 37:13.840]  He's going to want to do what the law tells him to do the way it's supposed to be done.
[37:13.840 --> 37:15.840]  At least that's my take on him.
[37:15.840 --> 37:22.840]  And if that's the case, he's going to give these guys a romp through the legal system
[37:22.840 --> 37:25.840]  when we get to court with them.
[37:25.840 --> 37:30.840]  And most likely he's going to throw their case out.
[37:30.840 --> 37:37.840]  And I like the idea that Judge Koo didn't issue this mandamus,
[37:37.840 --> 37:43.840]  because now we bring this issue directly in front of this judge.
[37:43.840 --> 37:49.840]  The argument we made in our, I'm saying our because I helped him with it,
[37:49.840 --> 37:51.840]  but it's really his case.
[37:51.840 --> 37:58.840]  The counter-compliant we filed against the city of Newark,
[37:58.840 --> 38:01.840]  this will act as a counterpoint.
[38:01.840 --> 38:06.840]  Because now we come back and show how the city of Newark did everything wrong,
[38:06.840 --> 38:10.840]  and now they're heaping wrongs on top of wrongs,
[38:10.840 --> 38:18.840]  and we're having to fight other issues to keep these guys from heaping one wrong on top of another
[38:18.840 --> 38:22.840]  to try to get some kind of remedy.
[38:22.840 --> 38:27.840]  A very good chance this district judge is going to put a stop to this stuff.
[38:27.840 --> 38:33.840]  And if he follows the law, he will throw out their case.
[38:33.840 --> 38:37.840]  Because when I say these guys, they're not good at what they're doing,
[38:37.840 --> 38:41.840]  and they make one mistake after another,
[38:41.840 --> 38:47.840]  we filed a challenge to subject matter jurisdiction and a counter-compliant.
[38:47.840 --> 38:51.840]  And the other side came back and said,
[38:51.840 --> 38:56.840]  well, they filed a challenge to subject matter jurisdiction.
[38:56.840 --> 38:59.840]  So if the judge doesn't have jurisdiction,
[38:59.840 --> 39:05.840]  then the judge can't have jurisdiction over their counter-compliant.
[39:05.840 --> 39:07.840]  That was dumb.
[39:07.840 --> 39:08.840]  Whoa.
[39:08.840 --> 39:10.840]  They brought the case before the judge.
[39:10.840 --> 39:14.840]  They're the ones that brought the case before the judge.
[39:14.840 --> 39:21.840]  What they said was that since they filed a challenge to subject matter jurisdiction,
[39:21.840 --> 39:27.840]  then the judge doesn't have jurisdiction over their claims either.
[39:27.840 --> 39:36.840]  So they tacitly admitted that the judge doesn't have jurisdiction over the plaintiff's claims.
[39:36.840 --> 39:45.840]  And a legend is that because he doesn't have jurisdiction over the plaintiff's claims,
[39:45.840 --> 39:48.840]  he necessarily doesn't have jurisdiction over the defendant's claims.
[39:48.840 --> 39:53.840]  Not, doesn't work that way.
[39:53.840 --> 39:54.840]  No.
[39:54.840 --> 39:59.840]  So they've admitted that their case is without jurisdiction.
[39:59.840 --> 40:03.840]  So I'm going to stay quiet during this entire procedure, right?
[40:03.840 --> 40:05.840]  Absolutely.
[40:05.840 --> 40:10.840]  So I don't have to say objection or anything like that
[40:10.840 --> 40:12.840]  because this is not a trial on the merits.
[40:12.840 --> 40:18.840]  This is simply them trying to collect on something that has not been finally adjudicated in the minutes of court.
[40:18.840 --> 40:21.840]  Yeah, you do.
[40:21.840 --> 40:24.840]  It doesn't hurt to object.
[40:24.840 --> 40:26.840]  Object everything.
[40:26.840 --> 40:28.840]  Make them not subjecting.
[40:28.840 --> 40:36.840]  You're already going to, you've already put in an objection to oral argument.
[40:36.840 --> 40:38.840]  I did that.
[40:38.840 --> 40:41.840]  Yeah, we did that in the beginning.
[40:41.840 --> 40:42.840]  Okay.
[40:42.840 --> 40:43.840]  Pretty sure we did.
[40:43.840 --> 40:45.840]  If we didn't, we need to do it.
[40:45.840 --> 40:49.840]  When you go in and object to oral argument, it would be unfair to pit,
[40:49.840 --> 40:54.840]  learn counsel against a procé and move the judge to rule on the pleadings.
[40:54.840 --> 40:55.840]  Right.
[40:55.840 --> 41:00.840]  I did see on someone else's Facebook, YouTube, excuse me,
[41:00.840 --> 41:07.840]  where they showed in the law book where, in case, in a case trial,
[41:07.840 --> 41:16.840]  that the courts are supposed to give special help to the procé,
[41:16.840 --> 41:20.840]  not be as, like you said, pedantic.
[41:20.840 --> 41:24.840]  In other words, more of the substance rate.
[41:24.840 --> 41:25.840]  Hold on.
[41:25.840 --> 41:26.840]  Hold on.
[41:26.840 --> 41:31.840]  Was that federal or state?
[41:31.840 --> 41:40.840]  Important distinction because the feds are definitely required to assist procé applicants.
[41:40.840 --> 41:42.840]  Well, I don't know.
[41:42.840 --> 41:45.840]  There were so many things that were, I don't have to maybe watch it again.
[41:45.840 --> 41:47.840]  See, I didn't, I wouldn't look in for that.
[41:47.840 --> 41:52.840]  But another thing that he pointed out, which I was going to ask you about,
[41:52.840 --> 41:56.840]  he showed in the law books from a couple of hundred years ago,
[41:56.840 --> 42:06.840]  talking about that they knew there was a differentiation between counsel and an attorney.
[42:06.840 --> 42:10.840]  And when they used the word counsel that I had to write to counsel,
[42:10.840 --> 42:18.840]  that it did not necessarily mean I had to have an attorney who was licensed to practice law helping me.
[42:18.840 --> 42:20.840]  I need that case law.
[42:20.840 --> 42:23.840]  You will have great fun with it.
[42:23.840 --> 42:24.840]  Okay.
[42:24.840 --> 42:32.840]  I will look at it again and see if I can find out which one it was I was watching.
[42:32.840 --> 42:34.840]  There's a lot to read.
[42:34.840 --> 42:38.840]  Okay, but your case is shaping up.
[42:38.840 --> 42:41.840]  These guys just keep screwing up.
[42:41.840 --> 42:45.840]  They can't seem to help themselves.
[42:45.840 --> 42:51.840]  They're a brand new judge and the brand new judge is going to want to follow law.
[42:51.840 --> 42:56.840]  And we have the case law in the pleadings.
[42:56.840 --> 43:06.840]  The very last thing the judge will read is his duty to determine the facts and apply the law to the facts.
[43:06.840 --> 43:07.840]  Right.
[43:07.840 --> 43:12.840]  Last thing we admonished the court about.
[43:12.840 --> 43:19.840]  He wouldn't find all he would try to do is if he was to rule in their favor,
[43:19.840 --> 43:27.840]  he would have to dismiss my counterclaim and then ruling in their favor.
[43:27.840 --> 43:30.840]  He would have to overlook the challenge.
[43:30.840 --> 43:37.840]  The subject matter jurisdiction and everywhere that I have read says that I can bring it up at any time.
[43:37.840 --> 43:40.840]  No matter how remote in history.
[43:40.840 --> 43:42.840]  Yes.
[43:42.840 --> 43:47.840]  And so if he's going to be pedantic, he has to ship it back down to the municipal court.
[43:47.840 --> 43:48.840]  Exactly.
[43:48.840 --> 43:49.840]  Hang on.
[43:49.840 --> 43:50.840]  About to go to break.
[43:50.840 --> 43:52.840]  Randy Kelton, rule of law radio.
[43:52.840 --> 43:55.840]  Call in number 512-646-1984.
[43:55.840 --> 44:00.840]  We'll be right back.
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[46:19.840 --> 46:44.840]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Tim in Texas.
[46:44.840 --> 46:47.840]  Okay, there we go.
[46:47.840 --> 46:50.840]  Okay, Tim.
[46:50.840 --> 46:58.840]  The main thing is, it takes a while, and always when you get into these, you get into front-end,
[46:58.840 --> 47:01.840]  and these guys are coming after you, you don't know what's going on,
[47:01.840 --> 47:05.840]  you don't have the experience of being all the way through one of these,
[47:05.840 --> 47:11.840]  and you think everything's falling down against you.
[47:11.840 --> 47:18.840]  But once you get past that front-end, then that worm tends to change somewhat.
[47:18.840 --> 47:23.840]  You went to a municipal court, and there are always a mess.
[47:23.840 --> 47:27.840]  Now you're going into a district court. This is a whole different animal.
[47:27.840 --> 47:40.840]  I think after this hearing on the motions, I think you're going to come away with a lot more confidence than you had.
[47:40.840 --> 47:52.840]  So, the focus specifically is on the subject matter jurisdiction and the summary judgment, and nothing else.
[47:52.840 --> 48:04.840]  And if this judge appears, you have confidence because you know him, and he's just appointed, so he's a judge now.
[48:04.840 --> 48:06.840]  He's worked this way. He's a judge.
[48:06.840 --> 48:14.840]  He's going to want to show himself. He's going to want all the other lawyers to look at him and say, this is a good judge.
[48:14.840 --> 48:17.840]  To admire him, yes.
[48:17.840 --> 48:20.840]  So, okay.
[48:20.840 --> 48:26.840]  Well, I'm learning a lot.
[48:26.840 --> 48:29.840]  You know, I'm listening to Eddie.
[48:29.840 --> 48:33.840]  You know, you guys have got YouTube videos on there.
[48:33.840 --> 48:37.840]  I'm sitting there and trying to listen, and I'm doing something.
[48:37.840 --> 48:44.840]  Now I'm taking notes, trying to take notes, and trying to figure out how and where to look at it.
[48:44.840 --> 48:49.840]  Because you guys can tell me something, and then I can try and repeat it.
[48:49.840 --> 48:55.840]  I'm just a parrot until I've done the research myself, and then I'm confident in it.
[48:55.840 --> 49:06.840]  The problem I have is in legal research. I'm not sure if what I just read is what it actually says.
[49:06.840 --> 49:13.840]  That is a struggle. It takes a while. It's a skill, and it's a discipline.
[49:13.840 --> 49:29.840]  I was just talking to Lou Watson today about taking what he's doing and incorporating it into this tool that we're building, and we talked about that.
[49:29.840 --> 49:32.840]  And it's what I do on this show.
[49:32.840 --> 49:42.840]  How do I take a complex subject and present it to someone that I can't see?
[49:42.840 --> 49:48.840]  I'm talking to a microphone here. So I can't see how you're responding to me.
[49:48.840 --> 49:52.840]  I can't look at you and tell when you look confused.
[49:52.840 --> 50:08.840]  So it takes a serious discipline on my part to try to find a way to structure what I'm presenting so that a reasonable human being can make these connections.
[50:08.840 --> 50:21.840]  So that what we're presenting begins to make sense. This is very difficult, and it's what led me to this litigation engineer, this electronic lawyer.
[50:21.840 --> 50:30.840]  The questionnaire. With the questionnaire, I can ask a question that opens the mind.
[50:30.840 --> 50:35.840]  You don't open minds very well when you're just talking to someone.
[50:35.840 --> 50:44.840]  What you have to do is get someone to ask a question, ask themselves a question.
[50:44.840 --> 50:51.840]  You create questions in their mind, and the easiest way to do that is by asking a question.
[50:51.840 --> 51:00.840]  I want to ask a question that causes the person listening to say, why did he ask that question?
[51:00.840 --> 51:22.840]  And rather than tell you what I want you to understand, I want to give you pieces so that as you stitch the pieces together, you will come to the conclusion or come to the understanding that I wanted to give you in the first place.
[51:22.840 --> 51:30.840]  But if I just told you what it was, it wouldn't make sense to you because you don't have all the pieces that make it make sense, and that's the problem you're having.
[51:30.840 --> 51:37.840]  You don't have enough connections to make this make sense, and you're struggling to find all the...
[51:37.840 --> 51:45.840]  You talk to us, and we've done this a lot, and we've got those connections, and we say, oh, it's this or that or the other, and you're sitting there feeling frustrated.
[51:45.840 --> 51:53.840]  Gone it? That was easy. Well, it's easy if you already got all these connections.
[51:53.840 --> 52:05.840]  You work on cars, and I can bring you a car and tell you what it's doing, and you can fire one up in your brain and run it and screw with it and get it to do what mine's doing.
[52:05.840 --> 52:17.840]  And you say, oh, that's just that or the other. And I look at you and say, well, what in the heck would he come up with that? I don't have those connections. You do.
[52:17.840 --> 52:26.840]  In law, I got these connections, so it frustrates you because it looks so easy on our part. Well, we went through the same thing you're doing.
[52:26.840 --> 52:31.840]  Yeah. Well, I'm sure you did. I think you went to jail a few times, too.
[52:31.840 --> 52:43.840]  Oh, yeah, that. You had to bring that up. I only got put in jail. I only got convicted twice for a year in jail.
[52:43.840 --> 52:45.840]  Oh, my Lord.
[52:45.840 --> 52:58.840]  But I didn't spend a year in jail either time, so. But yeah, it was a learning experience and three dislocated ribs, two broken collar bones, broken elbow bones, two knocked out.
[52:58.840 --> 53:13.840]  It was a learning experience, but I'm hoping that I can take what I've learned and structure it in a way that you don't have to go through these contusions and broken bones.
[53:13.840 --> 53:18.840]  We can get a statue of you down there at the Capitol building.
[53:18.840 --> 53:30.840]  Yeah, with my feet sticking straight up there and my face smashed into the concrete, or the sergeant smashing my face into the wall, I could do without that picture.
[53:30.840 --> 53:44.840]  But I'm trying to, Eddie and I were both trying to structure what we know in a way that you can stitch these pieces together and they'll begin to make sense.
[53:44.840 --> 53:54.840]  They want it first. But once you've been through this hearing, this trial, the next one, piece of cake.
[53:54.840 --> 54:12.840]  I'm just wondering, you know, I was listening to Eddie this evening before I called him to the show, listening to him, one of his old shows, and he was talking about trying to get people together to play the part of the prosecutor and one of the defense attorney and one of the judge and to do these things, you know.
[54:12.840 --> 54:27.840]  And that's something that I had brought up. And it's like, it takes so much of your time to do these things, this paperwork, this research, case law.
[54:27.840 --> 54:36.840]  I mean, a guy that has to work a job, take care of his family, and then do this. It's like he wants to be rid of this stuff.
[54:36.840 --> 54:49.840]  So that's probably why I don't know. Do you just get a lot of single guys or a lot of retired guys that want to do this or housewives or we get very few.
[54:49.840 --> 54:51.840]  Yeah.
[54:51.840 --> 54:58.840]  And in all of my time, I may have had four or five.
[54:58.840 --> 55:06.840]  And I understand that people are busy. They've got other things that they're focused on.
[55:06.840 --> 55:16.840]  The system, the court system is, that's one of their fundamental objectives is to keep people that way so they can keep their money wheel going.
[55:16.840 --> 55:17.840]  Exactly.
[55:17.840 --> 55:26.840]  So it's up to us, you know, they put you in a position where you have to fight them. Otherwise, you wouldn't be bothering with this.
[55:26.840 --> 55:27.840]  Right.
[55:27.840 --> 55:34.840]  You wouldn't be doing other things. So now we turn you into another one of us.
[55:34.840 --> 55:36.840]  Oh, no.
[55:36.840 --> 55:46.840]  Well, you got to be retiring soon anyway. When you get this, this traffic logger thing, you'll be traveling all over the world, giving speeches.
[55:46.840 --> 55:53.840]  Well, that would be a lot less onerous than spending 12, 14 hours a day researching and writing documents.
[55:53.840 --> 55:55.840]  Exactly.
[55:55.840 --> 55:59.840]  I've got 30 years of that. I've had enough of it.
[55:59.840 --> 56:04.840]  So I want to get someone else to do it. But anyway, I need to move on. We've got a couple more callers.
[56:04.840 --> 56:06.840]  All right, sir. Thank you a lot.
[56:06.840 --> 56:08.840]  Thank you, Tim.
[56:08.840 --> 56:13.840]  Okay, now we're going to Larry in Arizona. Hello, Larry.
[56:13.840 --> 56:15.840]  Good evening, Randy.
[56:15.840 --> 56:20.840]  Good evening. What do you have for us today?
[56:20.840 --> 56:26.840]  I have a couple of cases in the federal district court.
[56:26.840 --> 56:35.840]  And the first case I filed flew right through and went through, but I paid for that one.
[56:35.840 --> 56:41.840]  And the next one I filed, I did in Papyrus. And boy, are they running me around on that one.
[56:41.840 --> 56:46.840]  It's like they don't like people that want to get in here for free.
[56:46.840 --> 56:55.840]  But so I just recently, this judge took my first complaint and she said,
[56:55.840 --> 56:59.840]  I'm dismissing everything with prejudice and I want you to redo it.
[56:59.840 --> 57:07.840]  And I want you to redo it on the form that a prisoner uses that's incarcerated.
[57:07.840 --> 57:10.840]  Now, why she would do that? I have no idea.
[57:10.840 --> 57:16.840]  I redid my my pleading and got it mailed in. That was six months ago.
[57:16.840 --> 57:23.840]  And then last week, she sent it. She says, I'm dismissing everything, but one claim.
[57:23.840 --> 57:35.840]  And what the problem is, if she has taken my words, I mean, I very clearly said, you know, I was not engaged in transportation.
[57:35.840 --> 57:48.840]  I was in a private automobile, not a motor vehicle. And she has taken, she said that I was driving a motor vehicle.
[57:48.840 --> 57:53.840]  You know, when she said, I'm dismissing, you know, this section of your complaint.
[57:53.840 --> 57:57.840]  Now, what is my best recourse to fight her on this?
[57:57.840 --> 58:07.840]  Depends on how you made your arguments and how you framed your definitions.
[58:07.840 --> 58:09.840]  Okay, I'm not talking about that.
[58:09.840 --> 58:21.840]  I don't know. There's a way to go at this and your the question is not well enough to define for me to be able to answer it specifically.
[58:21.840 --> 58:25.840]  We're about to go to break. We'll pick this up on the other side.
[58:25.840 --> 58:33.840]  But when we come back, I need to know a little bit more about how you structured your claim.
[58:33.840 --> 58:35.840]  I take it this is traffic.
[58:35.840 --> 58:39.840]  So I need to know more about how you structured the claim in the court.
[58:39.840 --> 58:49.840]  Randy Kelton with our radio will be right back.
[58:49.840 --> 58:53.840]  Would you like to make more definite progress in your walk with God?
[58:53.840 --> 59:00.840]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:00.840 --> 59:05.840]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:05.840 --> 59:12.840]  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.
[59:12.840 --> 59:17.840]  The free books are a three volume set called basic elements of the Christian life.
[59:17.840 --> 59:27.840]  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.
[59:27.840 --> 59:40.840]  To order your free New Testament recovery version and basic elements of the Christian life, call Bibles for America toll free at 888-551-0102.
[59:40.840 --> 59:51.840]  Or visit us online at bfa.org.
[59:51.840 --> 01:00:01.840]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:01.840 --> 01:00:06.840]  The following is flashes brought to you by The Low Star Lowdown.
[01:00:06.840 --> 01:00:12.840]  Markets for Monday the 8th of January 2018 open with gold at $1,320.00 and 2 cents an ounce.
[01:00:12.840 --> 01:00:14.840]  Silver, $17.20 an ounce.
[01:00:14.840 --> 01:00:17.840]  Texas Crude, $61.44 a barrel.
[01:00:17.840 --> 01:00:20.840]  Bitcoin, $16,020.30.
[01:00:20.840 --> 01:00:25.840]  While Bitcoin cash is at $2,757.56.
[01:00:25.840 --> 01:00:33.840]  Finally, Dashcoins at $1,284.36 a crypto coin.
[01:00:33.840 --> 01:00:44.840]  Today in history, the year 1835, the United States government national debt is zero for the first time and presumably only time in the government's existence.
[01:00:44.840 --> 01:00:46.840]  Zero government debt?
[01:00:46.840 --> 01:00:49.840]  Today in history.
[01:00:49.840 --> 01:01:03.840]  In recent news, the president will undergo a two hour physical exam which will include urine blood analysis, cardiac evaluation and some more personal prying with sleeping habits and even his romantic life being discussed with the multi-administration presidential physician.
[01:01:03.840 --> 01:01:09.840]  It seems the president may be wanting to lay to rest the recent lineup of criticisms questioning his mental health and stability.
[01:01:09.840 --> 01:01:25.840]  Apparently some of the president's more recent tweets directed towards North Korea's Kim Jong Un and the author of the book Fire and Fury, Michael Wolfe, has many thinking that the president should perhaps be more articulate and less rash with his tweets.
[01:01:25.840 --> 01:01:43.840]  He has just a court judge, Gloria Navarro, dismissed cases against Nevada Rancher Clive and Bundy. It's two sons and a Montana militiaman today. The judge ruled that the government's lawyers suppressed footage from several cameras that were set up by the FBI around the Bundy's family home that would have been favorable in the defendant's case.
[01:01:43.840 --> 01:02:00.840]  Bundy was released today Monday after leaving the courthouse. He told reporters that I've been a political prisoner for 700 days. He hadn't seen his wife for nearly two years due to the fact that he had refused any conditional release which required him to forfeit his trial by jury rights.
[01:02:00.840 --> 01:02:16.840]  Former Google engineer James DeMore filed a class action lawsuit against the Alphabet Corporation on Monday claiming that it discriminates against white men and those with conservative leaning views. DeMore was terminated for dismantling a memo essentially questioning the company's diversity policies.
[01:02:16.840 --> 01:02:33.840]  The suit is basically arguing that Google employees who express views deviating from corporate sentiments on politics and practices like diversity hiring policies by a sensitivity and social justice were singled out, mistreated, and systematically punished and terminated from Google.
[01:02:33.840 --> 01:02:40.840]  Google spokesman, Tasha Part, sent a response that we look forward to defending against Mr. DeMore's lawsuit in court.
[01:02:40.840 --> 01:02:56.840]  If you'd like to help out the Lone Star Lowdown with some reporting or advertising, feel free to give me a call at 210-363-2257. This was per crony with your lowdown for January 8, 2018.
[01:03:40.840 --> 01:04:01.840]  I will not be by my side until I realize I'm a far out, till I see this pain. I will not be by my side until I realize I'm a far out, till I see this pain. I will guard these walls, these fences, they come to take this pain.
[01:04:01.840 --> 01:04:19.840]  I will not be by my side until I realize I'm a far out, till I see this pain. I will not be by my side until I realize I'm a far out, till I see this pain. I will not be by my side until I realize I'm a far out, till I see this pain.
[01:04:19.840 --> 01:04:22.840]  I will not be by my side until I realize I'm a far out.
[01:04:22.840 --> 01:04:24.840]  See ya, feel so sorry, back quickly!
[01:04:24.840 --> 01:04:27.840]  That's all you got to do, now we heard the hosher's say!
[01:04:27.840 --> 01:04:31.840]  I will not be quiet my furloughs now
[01:04:31.840 --> 01:04:34.840]  Long allowed, we can't
[01:04:34.840 --> 01:04:38.840]  I will not be quiet my furloughs now
[01:04:38.840 --> 01:04:42.840]  Too garden, keep me sleepin' sinnin' true
[01:04:42.840 --> 01:04:45.840]  I will not so long with it
[01:04:45.840 --> 01:04:48.840]  I will not be quiet my furloughs now
[01:04:48.840 --> 01:04:52.840]  Too garden, keep me sleepin' my furloughs in this world
[01:04:52.840 --> 01:04:54.840]  Okay, we are back!
[01:04:54.840 --> 01:04:57.840]  Randy Kelton, Rue La Radio
[01:04:57.840 --> 01:05:00.840]  And we're talking to, since then get there,
[01:05:00.840 --> 01:05:04.840]  talking to Larry in Arizona
[01:05:04.840 --> 01:05:06.840]  There we go, got it!
[01:05:06.840 --> 01:05:10.840]  I'm running my bone board so I'm a little distracted
[01:05:10.840 --> 01:05:15.840]  Okay Larry, where were we? I had a really busy break
[01:05:15.840 --> 01:05:19.840]  You were talking about how I structured my claims
[01:05:19.840 --> 01:05:24.840]  Oh yeah, there's a lot of arguments in traffic
[01:05:24.840 --> 01:05:27.840]  And since I'm building this traffic ticket website
[01:05:27.840 --> 01:05:29.840]  I'm really digging into it
[01:05:29.840 --> 01:05:33.840]  And I have a guy in Tennessee who's just gettin' out of jail
[01:05:33.840 --> 01:05:38.840]  over some traffic issues where he's arguing the right to travel
[01:05:38.840 --> 01:05:41.840]  And I've been doing some research on that
[01:05:41.840 --> 01:05:48.840]  So I'm getting more sophisticated in my understanding
[01:05:48.840 --> 01:05:52.840]  of how the courts are trying to look at this
[01:05:52.840 --> 01:05:56.840]  so that they can maintain some control
[01:05:56.840 --> 01:06:00.840]  without everything falling into trash
[01:06:00.840 --> 01:06:03.840]  So in order to understand how to ask your questions
[01:06:03.840 --> 01:06:09.840]  I need to know more about how you framed your issues
[01:06:09.840 --> 01:06:11.840]  Okay, let me back up just a little bit
[01:06:11.840 --> 01:06:13.840]  Okay, I'm in federal court
[01:06:13.840 --> 01:06:16.840]  We were passed the Justice Court and all that
[01:06:16.840 --> 01:06:21.840]  But the reason we're in federal court is this officer
[01:06:21.840 --> 01:06:24.840]  pulled me over without probable cause
[01:06:24.840 --> 01:06:27.840]  and then went ahead and arrested me
[01:06:27.840 --> 01:06:32.840]  and threw me in jail without taking me to a magistrate
[01:06:32.840 --> 01:06:35.840]  So I mean, just the fact that I was sent
[01:06:35.840 --> 01:06:39.840]  but I did make the point that, yes, I was traveling
[01:06:39.840 --> 01:06:41.840]  in a private automobile
[01:06:41.840 --> 01:06:47.840]  and therefore he had no probable cause for stopping me
[01:06:47.840 --> 01:06:51.840]  What kind of officer was it?
[01:06:51.840 --> 01:06:55.840]  Deputy Sheriff
[01:06:55.840 --> 01:06:59.840]  Okay, did you send an information request
[01:06:59.840 --> 01:07:02.840]  to the county commissioner's court
[01:07:02.840 --> 01:07:05.840]  asking the county commissioner's court for all
[01:07:05.840 --> 01:07:09.840]  sheriff's deputies
[01:07:09.840 --> 01:07:15.840]  authorized or appointed as traffic control officers
[01:07:15.840 --> 01:07:20.840]  and paid by the county commissioner's court?
[01:07:20.840 --> 01:07:23.840]  No, I did not
[01:07:23.840 --> 01:07:28.840]  That would have been a lot of fun
[01:07:28.840 --> 01:07:32.840]  You should file that request
[01:07:32.840 --> 01:07:35.840]  and then file into this court
[01:07:35.840 --> 01:07:37.840]  a challenge to subject matter jurisdiction
[01:07:37.840 --> 01:07:39.840]  of the original court
[01:07:39.840 --> 01:07:41.840]  Challenge subject matter jurisdiction
[01:07:41.840 --> 01:07:44.840]  can be filed at any time
[01:07:44.840 --> 01:07:47.840]  And this goes to subject matter jurisdiction
[01:07:47.840 --> 01:07:51.840]  as 701.001, Texas
[01:07:51.840 --> 01:07:54.840]  Oh, you're in Arizona
[01:07:54.840 --> 01:07:57.840]  Oops, never mind
[01:07:57.840 --> 01:07:59.840]  That was Texas
[01:07:59.840 --> 01:08:02.840]  Okay, let me back up
[01:08:02.840 --> 01:08:04.840]  Your right to travel issue
[01:08:04.840 --> 01:08:08.840]  Let me tell you about a recent case I read out of Tennessee
[01:08:08.840 --> 01:08:12.840]  that was extremely well done
[01:08:12.840 --> 01:08:15.840]  It gives a bit of a different perspective
[01:08:15.840 --> 01:08:18.840]  and I've seen this in Illinois
[01:08:18.840 --> 01:08:21.840]  and something similar in Texas
[01:08:21.840 --> 01:08:23.840]  but not as well done
[01:08:23.840 --> 01:08:26.840]  What they're saying is
[01:08:26.840 --> 01:08:30.840]  the requirement that you have a license
[01:08:30.840 --> 01:08:34.840]  does not interfere with your right to travel
[01:08:34.840 --> 01:08:37.840]  that with or without a license
[01:08:37.840 --> 01:08:39.840]  you can come into the state
[01:08:39.840 --> 01:08:42.840]  you can egress into and out of the state
[01:08:42.840 --> 01:08:45.840]  and you can move around freely in the state
[01:08:45.840 --> 01:08:49.840]  What you don't necessarily have a right to do
[01:08:49.840 --> 01:08:53.840]  is travel in any manner that you choose
[01:08:53.840 --> 01:08:57.840]  that the state has an inherent right
[01:08:57.840 --> 01:09:02.840]  to act toward the benefit of all the citizens of the state
[01:09:02.840 --> 01:09:04.840]  and they have a specific right
[01:09:04.840 --> 01:09:09.840]  to protect the safety of the public in general
[01:09:09.840 --> 01:09:14.840]  The states will all say that you cannot drive
[01:09:14.840 --> 01:09:18.840]  a tank down our public thoroughfash
[01:09:18.840 --> 01:09:23.840]  No, that doesn't sound unreasonable
[01:09:23.840 --> 01:09:28.840]  But heck, that interferes with my right to travel
[01:09:28.840 --> 01:09:30.840]  What they're saying is
[01:09:30.840 --> 01:09:33.840]  is the state has an inherent responsibility
[01:09:33.840 --> 01:09:35.840]  to protect the public
[01:09:35.840 --> 01:09:39.840]  and therefore they can license drivers
[01:09:39.840 --> 01:09:47.840]  It's like licensing gun owners
[01:09:47.840 --> 01:09:50.840]  It's not necessarily a commercial license
[01:09:50.840 --> 01:09:55.840]  They can license you in order to ensure competency
[01:09:55.840 --> 01:10:00.840]  and oversight
[01:10:00.840 --> 01:10:03.840]  that while you have the right to travel
[01:10:03.840 --> 01:10:06.840]  you don't necessarily have the right to travel
[01:10:06.840 --> 01:10:09.840]  in any way that you choose
[01:10:09.840 --> 01:10:12.840]  When you are hurtling 3,600 pounds of pig arm
[01:10:12.840 --> 01:10:14.840]  down the highway
[01:10:14.840 --> 01:10:21.840]  you necessarily create a potential grave danger
[01:10:21.840 --> 01:10:25.840]  And the state not only has a right, it has a duty
[01:10:25.840 --> 01:10:30.840]  to ensure that when people are acting in ways
[01:10:30.840 --> 01:10:35.840]  that can and regularly does cause harm
[01:10:35.840 --> 01:10:37.840]  and injury to other people
[01:10:37.840 --> 01:10:39.840]  that they have a right and a duty
[01:10:39.840 --> 01:10:42.840]  to take action to protect those people
[01:10:42.840 --> 01:10:45.840]  or to mitigate the risk
[01:10:45.840 --> 01:10:48.840]  Now, does that sound unreasonable?
[01:10:48.840 --> 01:10:51.840]  No, it sounds perfectly unreasonable
[01:10:51.840 --> 01:10:54.840]  So they're saying they can require the license
[01:10:54.840 --> 01:10:56.840]  The reason for the license
[01:10:56.840 --> 01:10:58.840]  is so that they can ensure that you're competent
[01:10:58.840 --> 01:11:01.840]  when you get in that tank
[01:11:01.840 --> 01:11:06.840]  And they can prescribe rules and regulations
[01:11:06.840 --> 01:11:10.840]  on how you exercise that right to travel
[01:11:10.840 --> 01:11:12.840]  They're not eliminating your right to travel
[01:11:12.840 --> 01:11:14.840]  They're just saying you can't do it
[01:11:14.840 --> 01:11:17.840]  in a way that's going to kill everybody
[01:11:17.840 --> 01:11:20.840]  They can do that
[01:11:20.840 --> 01:11:23.840]  But they didn't
[01:11:23.840 --> 01:11:27.840]  What they did was pass a set of rules
[01:11:27.840 --> 01:11:31.840]  that specifically apply to persons
[01:11:31.840 --> 01:11:35.840]  when they're operating in commerce
[01:11:35.840 --> 01:11:38.840]  They could have written a set of rules
[01:11:38.840 --> 01:11:42.840]  and incorporated them into the penal code
[01:11:42.840 --> 01:11:47.840]  for operating motorized conveyances
[01:11:47.840 --> 01:11:52.840]  that could potentially create a danger to the public at large
[01:11:52.840 --> 01:11:56.840]  and say you can only operate these in certain ways
[01:11:56.840 --> 01:11:59.840]  so that you don't create this danger to the public at large
[01:11:59.840 --> 01:12:01.840]  They could have done that
[01:12:01.840 --> 01:12:05.840]  But they didn't
[01:12:05.840 --> 01:12:09.840]  So we don't care what you could have done
[01:12:09.840 --> 01:12:13.840]  until the legislature passes a set of laws
[01:12:13.840 --> 01:12:17.840]  that applies to ordinary people not in commerce
[01:12:17.840 --> 01:12:22.840]  They don't get to enforce those commercial statutes against you
[01:12:22.840 --> 01:12:25.840]  Did that make sense?
[01:12:25.840 --> 01:12:27.840]  Yeah, absolutely
[01:12:27.840 --> 01:12:34.840]  Our only statutes here are in the transportation code
[01:12:34.840 --> 01:12:38.840]  and I'm obviously not engaged in transportation
[01:12:38.840 --> 01:12:42.840]  And that's the distinction I would suggest that you make
[01:12:42.840 --> 01:12:44.840]  The legislature is certain
[01:12:44.840 --> 01:12:46.840]  And this is what the case law is saying
[01:12:46.840 --> 01:12:49.840]  Yes, they have a right to do this
[01:12:49.840 --> 01:12:52.840]  And we're saying, yeah they do
[01:12:52.840 --> 01:12:55.840]  So now you have the right to do it
[01:12:55.840 --> 01:12:57.840]  Go out there and do it
[01:12:57.840 --> 01:12:59.840]  But they haven't
[01:12:59.840 --> 01:13:02.840]  They only pass the commercial laws
[01:13:02.840 --> 01:13:06.840]  And the reason I believe they did it this way
[01:13:06.840 --> 01:13:11.840]  is that these were put in by Truman right after World War II
[01:13:11.840 --> 01:13:15.840]  And he was appalled at the number of people dying on the highways
[01:13:15.840 --> 01:13:21.840]  and he was trying to do something to curb the slaughter
[01:13:21.840 --> 01:13:27.840]  But this was right after a world war we fought for our rights
[01:13:27.840 --> 01:13:33.840]  And the public was just beginning to realize how much fun driving could be
[01:13:33.840 --> 01:13:37.840]  and how liberating it could be
[01:13:37.840 --> 01:13:45.840]  They were not going to be in a mood to accept major restrictions on that right
[01:13:45.840 --> 01:13:55.840]  But they didn't have a problem with putting conditions on people who use the roads for commerce
[01:13:55.840 --> 01:14:01.840]  So they only passed the statutes to control people in commerce
[01:14:01.840 --> 01:14:06.840]  Now they could have come along later after the war had been over for a while
[01:14:06.840 --> 01:14:08.840]  The next generation come along
[01:14:08.840 --> 01:14:16.840]  We don't have that consideration of our rights and our new love for driving
[01:14:16.840 --> 01:14:20.840]  That would cause us to be quite as sensitive
[01:14:20.840 --> 01:14:24.840]  They could have come back and passed a set of laws that applied to us
[01:14:24.840 --> 01:14:26.840]  But they didn't
[01:14:26.840 --> 01:14:30.840]  They just started using the ones they had to apply to us
[01:14:30.840 --> 01:14:34.840]  I think that's the argument we should make rather than this right to travel
[01:14:34.840 --> 01:14:40.840]  Because they are actually right when they say we're not interfering with your right to travel
[01:14:40.840 --> 01:14:44.840]  So how do I approach the judge on this now?
[01:14:44.840 --> 01:14:49.840]  Do I file a second amended complaint?
[01:14:49.840 --> 01:14:51.840]  Yes
[01:14:51.840 --> 01:14:54.840]  File a second amended complaint
[01:14:54.840 --> 01:15:03.840]  You don't claim that they interfered with your right to travel
[01:15:03.840 --> 01:15:07.840]  Or that they denied you in your right to travel
[01:15:07.840 --> 01:15:17.840]  You claim that they applied a statutory scheme to you that did not apply
[01:15:17.840 --> 01:15:25.840]  The citation was insufficient on its face
[01:15:25.840 --> 01:15:30.840]  It was insufficient to invoke subject matter jurisdiction of the court
[01:15:30.840 --> 01:15:35.840]  Whether you were in commerce or not is relevant
[01:15:35.840 --> 01:15:42.840]  Because the complaint did not establish that you were in commerce
[01:15:42.840 --> 01:15:49.840]  So even if you were, that element of the complaint was not included
[01:15:49.840 --> 01:15:52.840]  So the complaint was insufficient on its face
[01:15:52.840 --> 01:15:59.840]  Insufficient to invoke subject matter jurisdiction of the court
[01:15:59.840 --> 01:16:04.840]  Okay, and then the other part of this suit is this officer
[01:16:04.840 --> 01:16:11.840]  After I was handcuffed, I asked him if he was taking me to a magistrate or to jail
[01:16:11.840 --> 01:16:13.840]  And he said I'm taking you to jail
[01:16:13.840 --> 01:16:20.840]  And I cited the statute number and the verbiage of the statute saying
[01:16:20.840 --> 01:16:24.840]  His only authority is to take me to a magistrate
[01:16:24.840 --> 01:16:31.840]  And he said, he responded exactly, he said, I don't know the law, I just follow policy
[01:16:31.840 --> 01:16:34.840]  And took me right to jail
[01:16:34.840 --> 01:16:38.840]  So did you charge him with false imprisonment?
[01:16:38.840 --> 01:16:40.840]  Yes, I did
[01:16:40.840 --> 01:16:46.840]  So how have they addressed that?
[01:16:46.840 --> 01:16:53.840]  Okay, the judge said in my, I think you have music coming up
[01:16:53.840 --> 01:17:21.840]  Yes, I do, hang on, we'll be right back
[01:17:21.840 --> 01:17:23.840]  Well, I'm glad you asked
[01:17:23.840 --> 01:17:26.840]  Whenever you order anything from Amazon, you can help Logos
[01:17:26.840 --> 01:17:28.840]  With ordering your supplies or holiday gifts
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[01:17:57.840 --> 01:17:59.840]  Happy holidays, Logos
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[01:18:46.840 --> 01:18:49.840]  Or email MichaelMearris at yahoo.com
[01:18:49.840 --> 01:18:51.840]  That's ruleoflawradio.com
[01:18:51.840 --> 01:18:57.840]  Or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
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[01:19:33.840 --> 01:19:35.840]  Okay, we are back
[01:19:35.840 --> 01:19:38.840]  Randy Kelton, rule of law radio
[01:19:38.840 --> 01:19:45.840]  And we're talking to Larry in Arizona
[01:19:45.840 --> 01:19:49.840]  Okay, I've been struggling with this for a while
[01:19:49.840 --> 01:19:56.840]  How to make this argument in a way that it's hard for the courts to get around it
[01:19:56.840 --> 01:20:03.840]  And working on especially examining trials
[01:20:03.840 --> 01:20:10.840]  After all these years of researching what's wrong with the legal system
[01:20:10.840 --> 01:20:19.840]  If you heard me talking to Tim earlier, I spent 15 years trying to figure out what was wrong
[01:20:19.840 --> 01:20:24.840]  And then it wasn't enough to figure out what was wrong
[01:20:24.840 --> 01:20:25.840]  You've got to figure out how to fix it
[01:20:25.840 --> 01:20:29.840]  It took another 15 years to figure out how to fix it
[01:20:29.840 --> 01:20:38.840]  And it is my opinion that 90% of the problems we're having in the legal system are caused by one thing
[01:20:38.840 --> 01:20:42.840]  No examining trials
[01:20:42.840 --> 01:20:52.840]  In 1215, the Dukes drug King John down to the Rivertown was threatened to cut his head off if he didn't sign the Magna Carta
[01:20:52.840 --> 01:21:00.840]  One of the primary provisions of the Magna Carta is if a free man was arrested for any reason
[01:21:00.840 --> 01:21:05.840]  He used to be taken directly to the nearest magistrate
[01:21:05.840 --> 01:21:13.840]  And they positioned magistrates all around the counties so there would always be a magistrate within a day's ride
[01:21:13.840 --> 01:21:21.840]  The arresting officer had the power to make an arrest but did not have the power to punish
[01:21:21.840 --> 01:21:26.840]  It was not intended that they hold the key to the jailhouse door
[01:21:26.840 --> 01:21:30.840]  But it wasn't because they didn't trust the policeman
[01:21:30.840 --> 01:21:39.840]  It's because they didn't want the public to have the perception that the police could arrest and punish
[01:21:39.840 --> 01:21:44.840]  The policeman could arrest but he had to take him to a neutral magistrate and explain himself
[01:21:44.840 --> 01:21:50.840]  And the magistrate decides whether you go to jail or not, not the police officer
[01:21:50.840 --> 01:21:53.840]  He looked that out of the mix and now look at us
[01:21:53.840 --> 01:21:59.840]  The police and the public are at one another's throats like a pack of dogs
[01:21:59.840 --> 01:22:07.840]  We need that put back in place, that will eliminate the majority of the problems that we're having
[01:22:07.840 --> 01:22:19.840]  With that said, this magistrate issue is one of my primary issues that I think will give us the best results
[01:22:19.840 --> 01:22:26.840]  What does it say? What does the code say in Arizona?
[01:22:26.840 --> 01:22:30.840]  For being taken to the magistrate?
[01:22:30.840 --> 01:22:33.840]  Yes
[01:22:33.840 --> 01:22:44.840]  It's title 13, section 3898 and it says you will be taken without delay to the nearest magistrate
[01:22:44.840 --> 01:22:55.840]  What is the code in Arizona that applies to a public official when a public official exerts his authority does not have
[01:22:55.840 --> 01:23:05.840]  Or fails to perform a duty he is required to perform in the process to deny the citizen in the phone pre-access to or enjoyment right
[01:23:05.840 --> 01:23:16.840]  That is 18 US code 242 in every state has a statute that essentially reflects that statute, do you know what it is in Arizona?
[01:23:16.840 --> 01:23:23.840]  No I don't, I have searched and searched, I've heard you say that for years and I haven't found it
[01:23:23.840 --> 01:23:33.840]  I'm trying to remember, I have seen it in Arizona, I think it's called official misconduct
[01:23:33.840 --> 01:23:38.840]  It's not called official oppression like it is in Texas
[01:23:38.840 --> 01:23:46.840]  I think there's only two states that call it official oppression, actually Texas has official misconduct and official oppression
[01:23:46.840 --> 01:23:52.840]  But it's there somewhere, it might be abusive office
[01:23:52.840 --> 01:24:00.840]  But somewhere you're going to have that statute, that's kind of a catch-all
[01:24:00.840 --> 01:24:09.840]  So one of the good ways to go at this is to say that the officer exerted or purported a certain authority did not express to have
[01:24:09.840 --> 01:24:16.840]  Denied meaningful free access to or enjoyment right, if you don't have one in the state you got one in the fed
[01:24:16.840 --> 01:24:20.840]  And you can make the federal claim against him
[01:24:20.840 --> 01:24:23.840]  Did you say you were in the federal court?
[01:24:23.840 --> 01:24:25.840]  Yes I am in federal
[01:24:25.840 --> 01:24:35.840]  Ah, then file against him, you can file 18 U.S. Code 242 against him
[01:24:35.840 --> 01:24:37.840]  Oh okay
[01:24:37.840 --> 01:24:51.840]  And then maintain that because the officer committed a crime while acting on the color of his authority that he becomes a trespasser ab initio
[01:24:51.840 --> 01:24:55.840]  From the beginning and all his acts are defeated
[01:24:55.840 --> 01:25:01.840]  So look up trespass ab initio
[01:25:01.840 --> 01:25:08.840]  That'll give you a way to taint him as a witness
[01:25:08.840 --> 01:25:22.840]  If he committed a crime then he cannot, in the process of the exercise of his duty, he cannot be construed to be a credible witness
[01:25:22.840 --> 01:25:27.840]  So you object to any of his testimony
[01:25:27.840 --> 01:25:32.840]  More than one way to get at these guys
[01:25:32.840 --> 01:25:38.840]  If you're in the federal court then you can give the complaint to the federal magistrate
[01:25:38.840 --> 01:25:43.840]  The judge, every judge is a magistrate
[01:25:43.840 --> 01:25:58.840]  And when the judge has it made known to him that a, okay I'm sorry, I was going to 20 U.S.C. 353 but it doesn't apply here because the officer is not a federal official
[01:25:58.840 --> 01:26:02.840]  That's a reporting requirement to the attorney general
[01:26:02.840 --> 01:26:12.840]  But you can make this accusation against him in the federal court for the purpose of disqualifying him as a credible witness
[01:26:12.840 --> 01:26:21.840]  And he said he followed policy and did not know the law, are you familiar with screws the U.S.
[01:26:21.840 --> 01:26:23.840]  Yes I am
[01:26:23.840 --> 01:26:31.840]  Make sure you bring that one in and better if you can bring in some of its progeny but it's still good law
[01:26:31.840 --> 01:26:33.840]  Okay
[01:26:33.840 --> 01:26:40.840]  So does that give you something to work from? Do you have any other questions or do they even answer any questions?
[01:26:40.840 --> 01:26:46.840]  Yeah you answered those questions. Now let me ask you, I have another case that I have to get started in one of these days
[01:26:46.840 --> 01:26:53.840]  About two years ago I got a speeding ticket about 150 miles from homes of different county and everything
[01:26:53.840 --> 01:27:03.840]  And I filed my motion to dismiss based on my argument a challenge to subject matter jurisdiction and everything
[01:27:03.840 --> 01:27:14.840]  And the court rules in Arizona say if I file all this and the judge denies it then he must set a trial
[01:27:14.840 --> 01:27:21.840]  So then I have to go down and appear for the trial. So I filed on my paperwork, the judge denied it
[01:27:21.840 --> 01:27:29.840]  Declared me guilty, did not set a trial and suspended my driver's license
[01:27:29.840 --> 01:27:35.840]  Interesting. Did you file criminally against him?
[01:27:35.840 --> 01:27:43.840]  No I didn't. I had so many other things going I just kind of let it slide and but I'm starting to get a little bit of breathing room here
[01:27:43.840 --> 01:27:50.840]  So send me an email, Randy at ruleoflawradio.com
[01:27:50.840 --> 01:27:55.840]  I want to talk to you off the air about some of this stuff
[01:27:55.840 --> 01:27:56.840]  Okay
[01:27:56.840 --> 01:28:04.840]  I need somebody to research out Arizona law for me so I can add it to the traffic ticket website
[01:28:04.840 --> 01:28:06.840]  Okay we can do that
[01:28:06.840 --> 01:28:15.840]  I see the motions and pleadings you've developed and I'll go into that site and develop a set for Arizona
[01:28:15.840 --> 01:28:26.840]  So somebody can go in and put in the ticket information and when they put in the state of Arizona instead of downloading Texas documents it'll download Arizona documents
[01:28:26.840 --> 01:28:28.840]  Okay
[01:28:28.840 --> 01:28:34.840]  And I'm looking for people to title my email
[01:28:34.840 --> 01:28:41.840]  And just to put in Arizona tickets in all caps
[01:28:41.840 --> 01:28:44.840]  Okay
[01:28:44.840 --> 01:28:49.840]  And I'm trying to get this thing as comprehensive as I can
[01:28:49.840 --> 01:28:55.840]  I've got so much to do I don't have time to vet out all these other states
[01:28:55.840 --> 01:28:59.840]  Forget that to me I have one more caller and I only have two segments left
[01:28:59.840 --> 01:29:02.840]  I definitely want to talk to you off the air
[01:29:02.840 --> 01:29:05.840]  Okay well thank you Randy I'll let you get on to your next caller
[01:29:05.840 --> 01:29:07.840]  Okay thank you Larry
[01:29:07.840 --> 01:29:11.840]  Okay now we're going to Betty in Texas hello Betty
[01:29:11.840 --> 01:29:14.840]  Hi how are you?
[01:29:14.840 --> 01:29:17.840]  I am good I don't care what everybody says
[01:29:17.840 --> 01:29:30.840]  Okay well I know you don't have much time and so I'm just going to ask you a couple of questions
[01:29:30.840 --> 01:29:42.840]  Is a person that has been convicted of a felon can they press charges against another person?
[01:29:42.840 --> 01:29:49.840]  Yes well yes and no they are not construed as a credible person
[01:29:49.840 --> 01:29:56.840]  But I don't find anything in law that says that a
[01:29:56.840 --> 01:30:02.840]  Okay hang on about to go to break we'll be right back
[01:30:02.840 --> 01:30:07.840]  You may have heard of whistling while you work but how about walking while working at your cubicle?
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[01:31:30.840 --> 01:31:36.840]  This is building 7 a 47 story skyscraper that fell on the afternoon of September 11
[01:31:36.840 --> 01:31:38.840]  The government says that fire brought it down
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[01:33:01.840 --> 01:33:04.840]  You are listening to the Logos Radio Network
[01:33:04.840 --> 01:33:23.840]  LogosRadioNetwork.com
[01:33:23.840 --> 01:33:25.840]  Okay, we are back
[01:33:25.840 --> 01:33:28.840]  Randy Kelton, rule of law radio
[01:33:28.840 --> 01:33:31.840]  And we're talking to
[01:33:31.840 --> 01:33:34.840]  Oh, I've still got you unmuted. Okay, I'm talking to Betty in Texas
[01:33:34.840 --> 01:33:36.840]  Okay, go ahead, Betty
[01:33:36.840 --> 01:33:38.840]  Oh, I'm sorry, I'm sorry
[01:33:38.840 --> 01:33:40.840]  You stumped the chomp
[01:33:40.840 --> 01:33:42.840]  I did
[01:33:42.840 --> 01:33:44.840]  Yes, you did
[01:33:44.840 --> 01:33:48.840]  I'm here at the friend of mine, David Lewis here in Austin
[01:33:48.840 --> 01:33:51.840]  And we were talking about that over the break
[01:33:51.840 --> 01:33:53.840]  Kenneth Fellen
[01:33:53.840 --> 01:33:56.840]  Filey, Cremal, affidavit
[01:33:56.840 --> 01:33:59.840]  Now, the grand jury, duties as a grand jury
[01:33:59.840 --> 01:34:02.840]  20.09 says
[01:34:02.840 --> 01:34:06.840]  The grand jury shall investigate into all crimes
[01:34:06.840 --> 01:34:09.840]  That come to the knowledge of the grand jury
[01:34:09.840 --> 01:34:12.840]  By way of any member of the grand jury
[01:34:12.840 --> 01:34:14.840]  The prosecuting attorney
[01:34:14.840 --> 01:34:18.840]  Or any credible person
[01:34:18.840 --> 01:34:24.840]  A credible person is a person over the age of 18
[01:34:24.840 --> 01:34:28.840]  Who has never been convicted of a felony
[01:34:28.840 --> 01:34:34.840]  So, this creates a
[01:34:34.840 --> 01:34:37.840]  What did the courts call it?
[01:34:37.840 --> 01:34:40.840]  A curious result
[01:34:40.840 --> 01:34:45.840]  So, if I see one person
[01:34:45.840 --> 01:34:48.840]  But then a person that's been convicted
[01:34:48.840 --> 01:34:53.840]  Could not bring charges against another person
[01:34:53.840 --> 01:34:56.840]  Well
[01:34:56.840 --> 01:35:01.840]  It sounds like
[01:35:01.840 --> 01:35:06.840]  It's a grand jury to decide
[01:35:06.840 --> 01:35:12.840]  Now, I would think there's this way around it
[01:35:12.840 --> 01:35:15.840]  I'm a felon
[01:35:15.840 --> 01:35:20.840]  I could make the report to the police
[01:35:20.840 --> 01:35:25.840]  And then the police would take the report to the prosecutor
[01:35:25.840 --> 01:35:28.840]  And the prosecutor would then take it to the grand jury
[01:35:28.840 --> 01:35:31.840]  So they would receive it from the prosecuting attorney
[01:35:31.840 --> 01:35:37.840]  And not a felon who's not a credible person
[01:35:37.840 --> 01:35:42.840]  But we have a duty to report crime
[01:35:42.840 --> 01:35:49.840]  I've never seen anything that implied that a
[01:35:49.840 --> 01:35:54.840]  Felon could not report a crime
[01:35:54.840 --> 01:36:01.840]  But that reference in 20.09
[01:36:01.840 --> 01:36:04.840]  Sure puts that in question
[01:36:04.840 --> 01:36:08.840]  If that were the case, it would be a curious result
[01:36:08.840 --> 01:36:16.840]  Because now only credible people can report murder and mayhem
[01:36:16.840 --> 01:36:17.840]  And...
[01:36:17.840 --> 01:36:19.840]  I read a statistic the other day
[01:36:19.840 --> 01:36:23.840]  They were saying I think one in four people
[01:36:23.840 --> 01:36:28.840]  Have some sort of criminal record
[01:36:28.840 --> 01:36:31.840]  Well, I'm afraid I added to that
[01:36:31.840 --> 01:36:34.840]  I don't have felony, but I do have
[01:36:34.840 --> 01:36:38.840]  A bunch of convictions
[01:36:38.840 --> 01:36:41.840]  That's their money-making way
[01:36:41.840 --> 01:36:44.840]  Is to have people saying
[01:36:44.840 --> 01:36:48.840]  Probationary fees and so forth
[01:36:48.840 --> 01:36:51.840]  Yes, I went to the probation department
[01:36:51.840 --> 01:36:54.840]  Well, I live in a small county
[01:36:54.840 --> 01:36:56.840]  And I went through the records for one year
[01:36:56.840 --> 01:36:59.840]  This is back in the 90s
[01:36:59.840 --> 01:37:08.840]  And in that year there were 1,356 felony indictments brought
[01:37:08.840 --> 01:37:12.840]  That was in the first half of the year
[01:37:12.840 --> 01:37:16.840]  One person pled not guilty by the public record
[01:37:16.840 --> 01:37:21.840]  And there were six fines
[01:37:21.840 --> 01:37:26.840]  1,600 people pled guilty
[01:37:26.840 --> 01:37:31.840]  1,650 people pled guilty by the record
[01:37:31.840 --> 01:37:34.840]  Six fines
[01:37:34.840 --> 01:37:37.840]  What the heck is going on here?
[01:37:37.840 --> 01:37:42.840]  So raise the question, where does the money go?
[01:37:42.840 --> 01:37:45.840]  Well, a fine goes to the general fund
[01:37:45.840 --> 01:37:49.840]  And I think the state gives 20% of it back
[01:37:49.840 --> 01:37:54.840]  But probation fees, they stay in the county
[01:37:54.840 --> 01:37:57.840]  So what it appeared was
[01:37:57.840 --> 01:38:01.840]  Is that they're putting these people on probation
[01:38:01.840 --> 01:38:04.840]  And extracting as much money from them
[01:38:04.840 --> 01:38:07.840]  In probation fees as they could
[01:38:07.840 --> 01:38:09.840]  And anything that they had left
[01:38:09.840 --> 01:38:13.840]  They extract it as a fine
[01:38:13.840 --> 01:38:18.840]  So the courts are creating more money for the counties
[01:38:18.840 --> 01:38:28.840]  And 1,650 guilty pleas, six fines
[01:38:28.840 --> 01:38:33.840]  So clearly they're trying to pad the county budget
[01:38:33.840 --> 01:38:36.840]  By putting everybody on probation
[01:38:36.840 --> 01:38:39.840]  And it's to their advantage
[01:38:39.840 --> 01:38:43.840]  Put you on probation for two years, one year, 11 months
[01:38:43.840 --> 01:38:49.840]  They revoke your probation, start you all over again
[01:38:49.840 --> 01:38:52.840]  Okay, I've got another trick question for you
[01:38:52.840 --> 01:38:54.840]  Okay
[01:38:54.840 --> 01:38:57.840]  Well, you've already stumped the job once
[01:38:57.840 --> 01:39:00.840]  I like it, I like it when I get stumped
[01:39:00.840 --> 01:39:03.840]  I really like those kinds of questions
[01:39:03.840 --> 01:39:07.840]  So what if a person presses charges
[01:39:07.840 --> 01:39:09.840]  Against another person
[01:39:09.840 --> 01:39:15.840]  But before it goes to court
[01:39:15.840 --> 01:39:19.840]  And or if they had an agreement
[01:39:19.840 --> 01:39:25.840]  But then that the person that pressed the charges dies
[01:39:25.840 --> 01:39:28.840]  Is the case automatically dropped
[01:39:28.840 --> 01:39:32.840]  Or do you have to file something?
[01:39:32.840 --> 01:39:34.840]  No, case is not automatically dropped
[01:39:34.840 --> 01:39:38.840]  It's not necessarily dropped at all
[01:39:38.840 --> 01:39:44.840]  In Texas we were under essentially a Spanish style of law
[01:39:44.840 --> 01:39:47.840]  In the Spanish style of law
[01:39:47.840 --> 01:39:54.840]  We as a reporter of crime have no standing
[01:39:54.840 --> 01:39:57.840]  We have a duty to report crime
[01:39:57.840 --> 01:40:02.840]  But we have no standing as to the adjudication of the crime
[01:40:02.840 --> 01:40:07.840]  So we can't press charges
[01:40:07.840 --> 01:40:11.840]  We can only give notice that we have reason to believe
[01:40:11.840 --> 01:40:13.840]  And do believe that a crime has been committed
[01:40:13.840 --> 01:40:16.840]  And then we're out of it
[01:40:16.840 --> 01:40:19.840]  So the fact that the accuser died
[01:40:19.840 --> 01:40:25.840]  The only effect that would have is to deprive the state of a witness
[01:40:25.840 --> 01:40:30.840]  But if the state could develop independent evidence
[01:40:30.840 --> 01:40:34.840]  That could proceed with the prosecution
[01:40:34.840 --> 01:40:38.840]  Or if the prosecutor had no evidence
[01:40:38.840 --> 01:40:44.840]  That wasn't rooted in the accuser's testimony
[01:40:44.840 --> 01:40:49.840]  Then the prosecutor can move to dismiss
[01:40:49.840 --> 01:40:52.840]  Did that make sense?
[01:40:52.840 --> 01:40:54.840]  Yes, it makes sense
[01:40:54.840 --> 01:41:01.840]  So the heirs of the deceased party
[01:41:01.840 --> 01:41:04.840]  Unless they had personal knowledge
[01:41:04.840 --> 01:41:08.840]  Objection hearsay
[01:41:08.840 --> 01:41:12.840]  It would just be hearsay
[01:41:12.840 --> 01:41:16.840]  Hearsay is sufficient for a criminal accusation
[01:41:16.840 --> 01:41:19.840]  But not for a prosecution
[01:41:19.840 --> 01:41:22.840]  The hearsay can be accepted
[01:41:22.840 --> 01:41:24.840]  A warrant can be issued
[01:41:24.840 --> 01:41:29.840]  But then there would have to be more investigation
[01:41:29.840 --> 01:41:33.840]  And evidence would have to be developed
[01:41:33.840 --> 01:41:39.840]  That's beyond hearsay
[01:41:39.840 --> 01:41:45.840]  Okay, what if a person's in probate court
[01:41:45.840 --> 01:41:51.840]  And they make a statement
[01:41:51.840 --> 01:41:54.840]  About what a matter
[01:41:54.840 --> 01:41:58.840]  And say yes or no
[01:41:58.840 --> 01:42:03.840]  And then the judge doesn't...
[01:42:03.840 --> 01:42:06.840]  The judge is acting more like an orchestra leader
[01:42:06.840 --> 01:42:10.840]  Rather than a judge
[01:42:10.840 --> 01:42:16.840]  And he wants this person to say no
[01:42:16.840 --> 01:42:19.840]  And says yes
[01:42:19.840 --> 01:42:24.840]  He appoints a guardian or guardian ad litem
[01:42:24.840 --> 01:42:31.840]  And has those people basically change
[01:42:31.840 --> 01:42:37.840]  What the standing party wanted
[01:42:37.840 --> 01:42:39.840]  They said yes
[01:42:39.840 --> 01:42:42.840]  And the judge wanted them to say no
[01:42:42.840 --> 01:42:45.840]  And so the judge just says, okay
[01:42:45.840 --> 01:42:48.840]  You need someone to make your decisions for you
[01:42:48.840 --> 01:42:51.840]  And I'm going to appoint these people to do it
[01:42:51.840 --> 01:42:56.840]  And they're going to do what I want and to do
[01:42:56.840 --> 01:42:59.840]  That to me seems like it's fraud
[01:42:59.840 --> 01:43:03.840]  It sounds like witness tampering
[01:43:03.840 --> 01:43:07.840]  Well, yeah
[01:43:07.840 --> 01:43:09.840]  Witness tampering
[01:43:09.840 --> 01:43:12.840]  If he gets a third party to speak for the witness
[01:43:12.840 --> 01:43:15.840]  Without the witness's permission
[01:43:15.840 --> 01:43:20.840]  I would go for a 3605 penal code
[01:43:20.840 --> 01:43:24.840]  3605
[01:43:24.840 --> 01:43:29.840]  Or 3606, which is obstruction
[01:43:29.840 --> 01:43:32.840]  Obstruction retaliation
[01:43:32.840 --> 01:43:34.840]  They're both in the same statute
[01:43:34.840 --> 01:43:37.840]  This sounds like witness tampering
[01:43:37.840 --> 01:43:40.840]  Okay
[01:43:40.840 --> 01:43:42.840]  Or let me think about that
[01:43:42.840 --> 01:43:45.840]  Okay, the judge appoints these two people
[01:43:45.840 --> 01:43:47.840]  And has these people
[01:43:47.840 --> 01:43:51.840]  How do these people testify for him?
[01:43:51.840 --> 01:43:54.840]  Do they come before the court and say
[01:43:54.840 --> 01:43:59.840]  That I stayed under oath that this person
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[01:46:28.840 --> 01:46:38.840]  Okay, we are back
[01:46:38.840 --> 01:46:40.840]  Randy Kelton, Rue La Radio
[01:46:40.840 --> 01:46:45.840]  And we're talking to Betty in Texas
[01:46:45.840 --> 01:46:47.840]  Okay, I'm...
[01:46:47.840 --> 01:46:52.840]  And you said 3605 and 3606
[01:46:52.840 --> 01:46:55.840]  Yes, that's tampered with a witness
[01:46:55.840 --> 01:46:58.840]  And obstruction retaliation
[01:46:58.840 --> 01:47:02.840]  That's one statute, obstruction retaliation
[01:47:02.840 --> 01:47:08.840]  But I'm thinking, how did these guardian ad lidems
[01:47:08.840 --> 01:47:11.840]  Bring this statement into the court?
[01:47:11.840 --> 01:47:14.840]  Did they do it in the form of a document?
[01:47:14.840 --> 01:47:18.840]  I think they were directed by the judge to come
[01:47:18.840 --> 01:47:21.840]  Don't care
[01:47:21.840 --> 01:47:25.840]  Did they do this in a document?
[01:47:25.840 --> 01:47:31.840]  Or did they do this with open testimony?
[01:47:31.840 --> 01:47:34.840]  The reason I'm asking that question that way
[01:47:34.840 --> 01:47:37.840]  Is if they did it by a document
[01:47:37.840 --> 01:47:40.840]  That's tampered with a government document
[01:47:40.840 --> 01:47:43.840]  They didn't have an attorney
[01:47:43.840 --> 01:47:46.840]  This was all done through the court
[01:47:46.840 --> 01:47:51.840]  If they filed a document in the court with this statement on it
[01:47:51.840 --> 01:47:55.840]  And the statement's not true, that's tampered with a government document
[01:47:55.840 --> 01:47:58.840]  If they've made this statement in open court
[01:47:58.840 --> 01:48:03.840]  Then that's aggravated perjury
[01:48:03.840 --> 01:48:06.840]  When it's directed by the judge?
[01:48:06.840 --> 01:48:08.840]  Don't care who's directed
[01:48:08.840 --> 01:48:12.840]  Okay, I want you to go out and shoot somebody
[01:48:12.840 --> 01:48:15.840]  Okay
[01:48:15.840 --> 01:48:19.840]  It doesn't matter what the judge said
[01:48:19.840 --> 01:48:25.840]  If the judge ordered them to perform an act that amounted to a crime
[01:48:25.840 --> 01:48:32.840]  That was a criminal conspiracy
[01:48:32.840 --> 01:48:39.840]  Just because he's a judge, he doesn't get to violate law
[01:48:39.840 --> 01:48:40.840]  Well
[01:48:40.840 --> 01:48:43.840]  That should get criminal charges against the judge as well
[01:48:43.840 --> 01:48:46.840]  If the judge directed them to do it
[01:48:46.840 --> 01:48:51.840]  That's a criminal conspiracy
[01:48:51.840 --> 01:48:55.840]  The judge said, well, you don't look my rule
[01:48:55.840 --> 01:48:57.840]  You can appeal
[01:48:57.840 --> 01:48:59.840]  Yeah, let's appeal
[01:48:59.840 --> 01:49:01.840]  But instead of appealing to the court of appeals
[01:49:01.840 --> 01:49:06.840]  Let's appeal to a grand jury to indict them
[01:49:06.840 --> 01:49:09.840]  Here's how that works
[01:49:09.840 --> 01:49:15.840]  Under Article 2.03, Texas Code of Criminal Procedure, underduties of officers
[01:49:15.840 --> 01:49:21.840]  When a prosecuting attorney is made known that a public official has violated the law relating to his office
[01:49:21.840 --> 01:49:29.840]  The prosecutor is required to reduce the complaint to an information and submit it to the grand jury
[01:49:29.840 --> 01:49:32.840]  No discretion
[01:49:32.840 --> 01:49:36.840]  So you go file criminal charges against the judge
[01:49:36.840 --> 01:49:41.840]  The prosecuting attorney is required to give it to the grand jury
[01:49:41.840 --> 01:49:47.840]  My district judge had a bailiff touch me
[01:49:47.840 --> 01:49:55.840]  I filed first degree felony aggravated assault charges and went to the prosecuting attorney, gave him the law
[01:49:55.840 --> 01:50:00.840]  He stood aside and took it straight to the grand jury
[01:50:00.840 --> 01:50:02.840]  Oh, that was a hoot
[01:50:02.840 --> 01:50:09.840]  You talk about getting the judge's attention, I got his attention
[01:50:09.840 --> 01:50:15.840]  I suggest you consider the same thing
[01:50:15.840 --> 01:50:25.840]  Well, it's all been absolutely just nothing but fraud
[01:50:25.840 --> 01:50:33.840]  Probate courts are probably the most corrupt courts in the country
[01:50:33.840 --> 01:50:38.840]  Second to them are family law
[01:50:38.840 --> 01:50:47.840]  The courts take people in their worst moments and just screw them every way from Sunday
[01:50:47.840 --> 01:50:55.840]  And we as private citizens need to start taking these guys to task
[01:50:55.840 --> 01:51:00.840]  We have case law, I was trying to bring it up while we were talking earlier
[01:51:00.840 --> 01:51:09.840]  And we have case law that says that I've got it right here
[01:51:09.840 --> 01:51:17.840]  I think it's in counterclaim that a judge's duty has a duty, oh no it's not in counterclaim
[01:51:17.840 --> 01:51:22.840]  It's in summary judgment
[01:51:22.840 --> 01:51:28.840]  I'm looking you up a case law and you'll like this one
[01:51:28.840 --> 01:51:32.840]  A judge has a duty to determine the facts in accordance with rules of evidence
[01:51:32.840 --> 01:51:37.840]  Why the laws comes to him to the facts in the case
[01:51:37.840 --> 01:51:40.840]  This is not the right one
[01:51:40.840 --> 01:51:51.840]  I'm looking for the statute that says that
[01:51:51.840 --> 01:51:59.840]  Right now I can't find it, but it says if a judge fails to apply the law and the facts
[01:51:59.840 --> 01:52:09.840]  That it's subject to being overturned, but I put a little bit of different spin on it
[01:52:09.840 --> 01:52:13.840]  As I say that it's not just subject to be overturned
[01:52:13.840 --> 01:52:19.840]  It is a due process violation
[01:52:19.840 --> 01:52:30.840]  That the judge has a duty to apply the facts, I'll find it here in a second
[01:52:30.840 --> 01:52:32.840]  Here it is
[01:52:32.840 --> 01:52:41.840]  A trial court has no discretion in determining what the law is or applying the law to the facts
[01:52:41.840 --> 01:52:49.840]  Thus a clear failure by the trial court to analyze or apply the law correctly will constitute an abusive discretion
[01:52:49.840 --> 01:52:55.840]  And may result in appellate reversal by extraordinary writ
[01:52:55.840 --> 01:53:00.840]  See Jokman v. Chambers
[01:53:00.840 --> 01:53:07.840]  So if the judge fails to perform a duty he's required to perform
[01:53:07.840 --> 01:53:12.840]  By failing to apply the law to the facts
[01:53:12.840 --> 01:53:18.840]  And in the process denies someone pre-access to enjoyment of right
[01:53:18.840 --> 01:53:24.840]  The right being the right to a fair and competent jurist in the first instance
[01:53:24.840 --> 01:53:29.840]  That's official oppression where I read 39.03 penal code
[01:53:29.840 --> 01:53:37.840]  So when the judge says well you can appeal, yeah I can appeal, I can appeal to a grand jury to have you indicted
[01:53:37.840 --> 01:53:43.840]  Failing to perform a duty you're required to perform and we need to start doing that
[01:53:43.840 --> 01:53:47.840]  We need to give these judges reason to follow law
[01:53:47.840 --> 01:53:54.840]  And not just go in there and see how much of a victim's estate they can steal
[01:53:54.840 --> 01:54:01.840]  Because that's exactly what the probate courts and the family law courts are doing
[01:54:01.840 --> 01:54:05.840]  Right, that's very true
[01:54:05.840 --> 01:54:14.840]  And if you want this case law send me an email and I will send this case to you
[01:54:14.840 --> 01:54:30.840]  Okay, and I was thinking that there's conspiracy and then there's criminal conspiracy
[01:54:30.840 --> 01:54:41.840]  And I was wondering what the deadlines or guidelines on those were
[01:54:41.840 --> 01:54:44.840]  So I guess
[01:54:44.840 --> 01:54:53.840]  See, stop me again, how do I define the, I haven't looked at the difference between, I don't find
[01:54:53.840 --> 01:55:01.840]  I'm thinking about what's, you know, 15.02 Texas penal code is conspiracy
[01:55:01.840 --> 01:55:04.840]  15.02
[01:55:04.840 --> 01:55:11.840]  Yeah, I don't see anything that makes a distinction between conspiracy and criminal conspiracy
[01:55:11.840 --> 01:55:15.840]  All conspiracy is criminal
[01:55:15.840 --> 01:55:18.840]  Okay
[01:55:18.840 --> 01:55:24.840]  Well, I know you don't have much more time left tonight if you want to say
[01:55:24.840 --> 01:55:35.840]  We've got three minutes left, I accidentally turned off my caller page so I couldn't see what my clock was and I was trying to bring it up
[01:55:35.840 --> 01:55:41.840]  But you're asking some really good questions
[01:55:41.840 --> 01:55:47.840]  You need to call in more often, I don't get stumped often enough
[01:55:47.840 --> 01:55:50.840]  And it's good for me
[01:55:50.840 --> 01:55:58.840]  I had Jeff Sedgwick, he passed away last year, but he called in once, he called me after the show once and told me
[01:55:58.840 --> 01:56:03.840]  You did the bravest thing I ever heard of, and I said, what was that?
[01:56:03.840 --> 01:56:09.840]  Well, you admitted you were wrong on the air, I said, what? Who doesn't brave about that?
[01:56:09.840 --> 01:56:15.840]  I do the show and I have knowledge in an area
[01:56:15.840 --> 01:56:24.840]  But only in an area, and I'm concerned that people will listen to me and get this notion that I'm some kind of a guru
[01:56:24.840 --> 01:56:31.840]  I have no such thing, I just spout these statutes, but I go over the same ones over and over
[01:56:31.840 --> 01:56:40.840]  People listening to me spout these statutes what they tend not to notice, and it's only about a half a dozen of them that I use or use them all the time
[01:56:40.840 --> 01:56:49.840]  I don't want people to think that it takes some kind of special ability to do what we do, it just takes some knowledge
[01:56:49.840 --> 01:56:51.840]  I agree with you
[01:56:51.840 --> 01:56:59.840]  And I'm concerned about people thinking I'm some kind of guru, like I got this magic power that other people don't have
[01:56:59.840 --> 01:57:07.840]  No, no, no, anybody can do this, so I screw up, and I like to get caught when I screw up
[01:57:07.840 --> 01:57:12.840]  On the one hand it makes me better, but on the other everybody needs to understand
[01:57:12.840 --> 01:57:17.840]  The only way we're going to learn this is by getting in here and doing it and making mistakes
[01:57:17.840 --> 01:57:27.840]  I have made some whoppers, three dislocated ribs, two broken collar bones, a broken elbow, and a tooth knocked out
[01:57:27.840 --> 01:57:33.840]  Among other things, my face smashed into concrete
[01:57:33.840 --> 01:57:41.840]  My case for that one says, Mr. I could smash your face in the concrete, that's the case
[01:57:41.840 --> 01:57:54.840]  But I just got better at it over time by making mistakes, so then getting stumped, I like getting stumped because it makes me better and I appreciate you for it
[01:57:54.840 --> 01:57:57.840]  So don't be a stranger
[01:57:57.840 --> 01:58:19.840]  Well, I've tried to get in and I've had difficulties, and also you used to have, when I turned on my computer, when I put it in rural radio it would say live streaming and gave the phone number, you know
[01:58:19.840 --> 01:58:23.840]  Okay, go to Logos Radio Network
[01:58:23.840 --> 01:58:29.840]  Well, I've done that but I haven't been able to find the live streaming
[01:58:29.840 --> 01:58:36.840]  Okay, send me an email, I'll get that to Deborah, she needs this kind of feedback
[01:58:36.840 --> 01:58:42.840]  But we're out of time because we haven't had trouble with that streaming, so send me an email on it
[01:58:42.840 --> 01:58:46.840]  We are out of time, thank you all for listening and good night
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