ROL_2018-02-01_16k.timecode

[00:00.000 --> 00:07.920]  The following news flash is brought to you by the Lowstar Lowdowns.
[00:07.920 --> 00:14.080]  Markets for Monday, the 8th of January, 2018, opened with gold at $1,320.02 an ounce, silver
[00:14.080 --> 00:22.440]  at $17.20 an ounce, Texas Crude at $61.44 a barrel, Bitcoin at $16,020.30, while Bitcoin
[00:22.440 --> 00:32.040]  cashed at $2,757.56, finally dash coins at $1,284.36, a crypto coin.
[00:32.040 --> 00:40.680]  Today in history, the year 1835, the United States government national debt is zero for
[00:40.680 --> 00:45.720]  the first time and presumably only time in the government's existence. Zero government
[00:45.720 --> 00:50.440]  debt? Today in history.
[00:50.440 --> 00:54.320]  In recent news, the president will undergo a two-hour physical exam which will include
[00:54.320 --> 00:58.480]  urine blood analysis, cardiac evaluation, and some more personal applying with sleeping
[00:58.480 --> 01:02.880]  habits and even his romantic life being discussed with the multi-administration presidential
[01:02.880 --> 01:07.760]  physician. It seems the president may be wanting to later rest. The recent lineup of criticisms
[01:07.760 --> 01:11.680]  questioning his mental health and stability, apparently some of the president's more recent
[01:11.680 --> 01:16.320]  tweets directed towards North Korea's Kim Jong-un and the author of the book Fire and
[01:16.320 --> 01:20.960]  Fury, Michael Wolfe, has many thinking that the president should perhaps be more articulate
[01:20.960 --> 01:25.760]  and less rash with his tweets.
[01:25.760 --> 01:29.920]  The U.S. District Court Judge Gloria Nambarro dismissed cases against Nevada Rancher Clive
[01:29.920 --> 01:34.560]  and Bundy, two sons and a Montana militiaman today. Judge ruled that the government's
[01:34.560 --> 01:40.160]  lawyers suppressed footage from several cameras that were set up by the FBI around the Bundy's
[01:40.160 --> 01:44.240]  family home that would have been favorable in the defendant's case when Mr. Bundy was
[01:44.240 --> 01:48.600]  released today Monday after leaving the courthouse, he told reporters that I've been a political
[01:48.600 --> 01:53.360]  prisoner for 700 days. He hadn't seen his wife for nearly two years due to the fact
[01:53.360 --> 01:57.480]  that he had refused any conditional release, which required him to forfeit his trial by
[01:57.480 --> 02:01.200]  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 --> 02:10.280]  Corporation on Monday claiming that it discriminates against white men and those with conservative
[02:10.280 --> 02:14.880]  leaning views. D'Amour was terminated for dismantling a memo, essentially questioning
[02:14.880 --> 02:19.560]  the company's diversity policies. The suit is basically arguing that Google employees
[02:19.560 --> 02:24.320]  who express views deviating from corporate sentiments on politics and practices like
[02:24.320 --> 02:31.000]  diversity hiring policies by a sensitivity and social justice were singled out, mistreated
[02:31.000 --> 02:34.040]  and systematically punished and terminated from Google.
[02:34.040 --> 02:38.240]  Google spokesman Tasha Parr said in response that we look forward to defending against
[02:38.240 --> 02:45.240]  Mr. D'Amour's lawsuit in court.
[03:08.240 --> 03:18.240]  What you want, what you want, what you're gonna do? Well, you said the sun's broken for you.
[03:18.240 --> 03:29.240]  Tell me, what you're gonna do? What you're gonna do? Yeah! Bad boys, bad boys, what you're
[03:29.240 --> 03:35.240]  gonna do? What you're gonna do when they come for you? Bad boys, bad boys, what you're gonna
[03:35.240 --> 03:40.240]  what you're gonna do when they come for you. When you were eight and you had bad dreams,
[03:40.240 --> 03:46.240]  you go to school and learn to go and then lose. So why are you acting like a fluffy blue?
[03:46.240 --> 03:53.240]  Okay, howdy, howdy, Randy Kelton, Debra Stephens, Roodle Law Radio on this, the first day of
[03:53.240 --> 04:03.240]  March 2018. Can it be that we are already almost a quarter of the way through another
[04:03.240 --> 04:09.240]  year? 30 more days and we'll be a quarter of the way through another year. My mother warned me
[04:09.240 --> 04:16.240]  about this. She said it keeps getting faster every year. And I told her if this keeps up,
[04:16.240 --> 04:27.240]  I'm gonna get a speeding ticket. Now this is three months is a quarter. Oh, I'm burning
[04:27.240 --> 04:34.240]  dead. So see, I'm making it worse than it is. My producer's telling me I'm brain dead here. Oh,
[04:34.240 --> 04:44.240]  good. That's better. I was afraid it was worse than it is. So let me start with the litigation
[04:44.240 --> 04:52.240]  engine with the electronic lawyer. I am close enough that within a couple of days I will have
[04:52.240 --> 05:03.240]  this have a demonstrable product working. It turned out to be somewhat more complex as I got down
[05:03.240 --> 05:11.240]  to the nitty gritty and feeding in the last information. I've had my software for a month or
[05:11.240 --> 05:23.240]  two. But putting in the content onto the software turned out to be a somewhat monumental struggle.
[05:23.240 --> 05:34.240]  It's not that it's so hard to do. It was more working out a set of consistent and effective
[05:34.240 --> 05:41.240]  procedures that would be teachable to someone else. I've been working on this for ten years,
[05:41.240 --> 05:52.240]  so I know what needs to be in there. But that doesn't necessarily lend it to someone else being
[05:52.240 --> 06:00.240]  able to do this. So I've been struggling with how to put in the content. And that's helped a lot
[06:00.240 --> 06:13.240]  in that it forced me to break everything down into separate elements or separate arguments
[06:13.240 --> 06:21.240]  like the first thing we address in the full content, not this one, but we will address
[06:21.240 --> 06:29.240]  probable cause for the stop. Then after probable cause for the stop, flight to evade. From flight
[06:29.240 --> 06:36.240]  to evade, we go to failure to identify. These are things that can happen and this is the logical
[06:36.240 --> 06:43.240]  order in which it will happen. The questionnaire will walk from one of these issues to the next
[06:43.240 --> 06:51.240]  to the next. Part of the difficulty is keeping each of these issues separate. When you're
[06:51.240 --> 07:01.240]  asking these questions, it takes some discipline and creative effort to keep your question you ask
[07:01.240 --> 07:09.240]  from drawing an answer that goes to a separate issue. That's been part of the struggle I've had
[07:09.240 --> 07:15.240]  in getting the structures down. But I've got those pretty well down. I've got the syntax down.
[07:15.240 --> 07:25.240]  I'm going in now making some syntax error changes. Right now the system will ask you a set of
[07:25.240 --> 07:34.240]  questions. It will create a statement of facts from your answers. And it will flag documents
[07:34.240 --> 07:43.240]  and pleadings that are indicated by the answers. And I have someone right now putting together
[07:43.240 --> 07:50.240]  some blank documents and pleadings. And then as the software develops, I'll take each of these
[07:50.240 --> 07:56.240]  pleadings and add necessary adjustments to them so that the output looks right. So we've got
[07:56.240 --> 08:04.240]  most of that. There's only one more item I don't have in it. And for that one I need people
[08:04.240 --> 08:14.240]  with much more sophistication than just a lay person. Because this one for each set of facts,
[08:14.240 --> 08:25.240]  we will put in an internal HTML code that's hidden from the user. A legal argument based on
[08:25.240 --> 08:35.240]  an internal set of facts, maybe two or three facts. Like when you first appeared, did you
[08:35.240 --> 08:43.240]  appear at the date and time on the citation? And they say yes. Were you directed to a court
[08:43.240 --> 08:53.240]  clerk? Yes. Did the clerk request a plea? If they say yes, that triggers criminal complaint
[08:53.240 --> 09:00.240]  against the clerk for impersonating a public official. And criminal conspiracy against
[09:00.240 --> 09:07.240]  the clerk and whoever the head judges. A lot of things come up this way. Everyone comes
[09:07.240 --> 09:13.240]  up, we lay in some code to address those. And then these three facts go to this issue,
[09:13.240 --> 09:18.240]  then we'll put in an argument and support. I just wrote one today for that issue and
[09:18.240 --> 09:25.240]  it's about 20 pages. We will have some very sophisticated documentation coming out of
[09:25.240 --> 09:35.240]  this thing. So our call lines are open. Call in numbers 512-646-1984. If you have a question
[09:35.240 --> 09:44.240]  or a comment, give us a call. We'll have the call lines open all night. So anyway, it's
[09:44.240 --> 09:53.240]  coming together and I'm hoping that by Monday I will have an online demonstrable product.
[09:53.240 --> 09:59.240]  And then I will load all of this up onto the traffic ticket website. Then we will start
[09:59.240 --> 10:10.240]  promoting the traffic ticket website again. Now, this incarnation won't have all of the
[10:10.240 --> 10:16.240]  questionnaires in it, but it will have a questionnaire on your first experience, first appearance
[10:16.240 --> 10:22.240]  before the court. We go through all of the likely things that happen, the things we know
[10:22.240 --> 10:29.240]  about that happen in that first hearing. And we've created questions for each issue that
[10:29.240 --> 10:35.240]  tends to occur that we're aware of that has occurred. And then we start marketing this
[10:35.240 --> 10:41.240]  or making it available to people who have gotten traffic tickets. And when they take
[10:41.240 --> 10:47.240]  our motions and pleadings and file them, they'll go to this first hearing and that will
[10:47.240 --> 10:53.240]  generate some more motions and pleadings that will get filed. And then the next thing to
[10:53.240 --> 11:00.240]  happen is a first court appearance. And the way it stands now in Texas and most every
[11:00.240 --> 11:09.240]  place I've ever looked, the first court appearance is almost always an arraignment hearing. And
[11:09.240 --> 11:17.240]  oh, are we going to have fun with an arraignment hearing in the appearance before the clerk
[11:17.240 --> 11:27.240]  when the clerk asks you for a plea? We're calling that an arraignment hearing. So you
[11:27.240 --> 11:35.240]  agreed to appear before a magistrate. We have developed a long argument on magistrate, on
[11:35.240 --> 11:49.240]  appearance before a magistrate, because 14.06 and 543.006, they both go to when a policeman
[11:49.240 --> 11:53.240]  arrests someone without a warrant, they are to take him 14.06 and take him directly to
[11:53.240 --> 12:02.240]  the nearest magistrate. Not judge, not clerk, not prosecutor, but magistrate. 543.006, same
[12:02.240 --> 12:14.240]  thing. You agree to appear before a magistrate. And then there are a couple of other laws that
[12:14.240 --> 12:21.240]  we stitch together to show that everything anticipates an appearance before a magistrate.
[12:21.240 --> 12:29.240]  And you entered into a contract when you signed the citation. And in that contract, you agreed
[12:29.240 --> 12:36.240]  contractually to appear before a magistrate. You go into the court and they have you appear
[12:36.240 --> 12:46.240]  before a clerk. Well, when she asks you for a plea, she's impersonating a public official.
[12:46.240 --> 12:55.240]  Only a judge, only a judicial officer can take a plea. So we're calling that impersonating
[12:55.240 --> 13:04.240]  a public official. And she asks you for a plea in an examining trial before any evidence
[13:04.240 --> 13:15.240]  is put before the court, before anything. Under 16.01, the accused is advised of the
[13:15.240 --> 13:21.240]  rights and advised that they have the right to make a statement before any evidence is
[13:21.240 --> 13:28.240]  produced against them. Well, the clerk didn't ask you. She wanted to make a statement. So
[13:28.240 --> 13:34.240]  clearly that's not an examining trial. She actually identified you first and then asked
[13:34.240 --> 13:47.240]  you for a plea. 26.02 says an arraignment is a hearing for the purpose of determining the
[13:47.240 --> 13:55.240]  identity of the accused and taking a plea. Well, that looks like an arraignment hearing.
[13:55.240 --> 14:05.240]  Problem 26.01 says an arraignment hearing may be had in the matter of a felony or a misdemeanor
[14:05.240 --> 14:15.240]  punishable by imprisonment. The legislature went to special purpose to specifically exclude
[14:15.240 --> 14:25.240]  classified misdemeanors. Hey, guys, I didn't write it. It's very clear that the traffic
[14:25.240 --> 14:31.240]  court can't hold an examining trial. I'm sorry. It's very clear that a traffic court cannot
[14:31.240 --> 14:37.240]  hold an arraignment. You didn't agree to appear before arraignment. You agreed to appear before
[14:37.240 --> 14:45.240]  just. We've got this first document, a big line of arguments for it. Let me bring on
[14:45.240 --> 14:50.240]  Scott Richardson and let him tell you what a prosecutor told him today. Hello, Scott.
[14:50.240 --> 14:58.240]  Howdy, howdy, how are you? Okay, in the vein of what we were saying, what was it the prosecutor
[14:58.240 --> 15:08.240]  said today about your arguments? Your arguments are a pain and I should pull it up. I didn't
[15:08.240 --> 15:14.240]  realize you were going to call me so quickly and wanted to talk about it. Yeah, it was
[15:14.240 --> 15:22.240]  really kind of funny because I've been kind of going on with this guy for a little bit
[15:22.240 --> 15:36.240]  and here it is right here. Slow doggy, okay. Anyhow, I was, he wanted to reset this case
[15:36.240 --> 15:43.240]  and I knelt it back and said, yeah, I don't mind resetting it because he said it didn't
[15:43.240 --> 15:48.240]  feel like it was right. But anyway, this is what he wrote me, I believe it was today.
[15:48.240 --> 15:53.240]  And he goes, Scott, it looks as if the court has granted continuance in the case. It's
[15:53.240 --> 15:58.240]  being rescheduled for March 7th. Did you receive notice directly? You should receive notice
[15:58.240 --> 16:02.240]  directly from the court, but I want to let you know for sure that you do not need to
[16:02.240 --> 16:06.240]  be present on Monday. I appreciate your kind words. Likewise, you personally have always
[16:06.240 --> 16:14.240]  been pleasant to deal with. Your legal arguments are a pain, but you yourself are always kind
[16:14.240 --> 16:19.240]  and professional. For what it's worth, take a closer look at Texas Administrative Code
[16:19.240 --> 16:26.240]  4.13 you rely on. Yes, it requires officers to be certified, but only to enforce the
[16:26.240 --> 16:35.240]  specific statute and federal safety regulations adopted under those chapters it lists. Subtitles
[16:35.240 --> 16:44.240]  C and the transportation code and rules of the road can be enforced by any peace officer
[16:44.240 --> 17:09.240]  music. And have a good day, Brad.
[17:09.240 --> 17:34.240]  Thank you.
[17:34.240 --> 17:40.240]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right hand side,
[17:40.240 --> 17:46.240]  bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.240 --> 17:51.240]  new cookie. New cookies for me. Consider it an early Christmas present. And every time
[17:51.240 --> 17:56.240]  I order on Amazon, I go through this link and I give a little present to this radio
[17:56.240 --> 18:05.240]  network, too. C is for cookie. C is for classified. Are you being harassed by debt collectors
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[20:53.240 --> 21:00.880]  So generally, the municipal courts have just been blowing off our arguments.
[21:00.880 --> 21:04.880]  So I'm getting the second part set up.
[21:04.880 --> 21:11.980]  As soon as I get this prototype up and working, then I start building responses to what the
[21:11.980 --> 21:13.480]  courts do.
[21:13.480 --> 21:17.680]  I have a strategy.
[21:17.680 --> 21:27.680]  One of the things that lawyers don't do that process can do is hold the judge responsible
[21:27.680 --> 21:35.520]  criminally for failing to perform his duty, official oppression.
[21:35.520 --> 21:39.400]  Judges render bogus rulings and they'll tell you, if you don't like it, you can always
[21:39.400 --> 21:49.640]  appeal it and they feel absolutely immune from any retribution.
[21:49.640 --> 21:53.920]  So what I'm going to claim is that the judge has a duty to determine the law in accordance
[21:53.920 --> 21:57.720]  with the rules of evidence, then apply the laws that comes to him to the facts in the
[21:57.720 --> 21:58.720]  case.
[21:58.720 --> 22:04.680]  If he fails to do that, the way I read the code, the judge failed to perform a duty he
[22:04.680 --> 22:10.320]  is required to perform and in process not a citizen for free access to or join the right.
[22:10.320 --> 22:15.600]  And under 39.03 Texas penal code, that's the class A misdemeanor.
[22:15.600 --> 22:18.520]  So you don't want to do your job, Bubba?
[22:18.520 --> 22:20.880]  We'll see how this works out for you.
[22:20.880 --> 22:26.840]  The system will spit out official oppression against the judge.
[22:26.840 --> 22:27.840]  We'll see how that works.
[22:27.840 --> 22:32.560]  We have criminal complaints included in our package already.
[22:32.560 --> 22:38.960]  We have one against the police officer who wrote the citation.
[22:38.960 --> 22:42.800]  Then on first appearance, we'll have one against the clerk.
[22:42.800 --> 22:46.640]  And depending on what else went on with the clerk, for instance, if the clerk calls security
[22:46.640 --> 22:53.040]  when you refuse to enter a plea and security ordered you to enter a plea, then you get
[22:53.040 --> 22:57.920]  official oppression against the security and the security moves past that.
[22:57.920 --> 23:11.960]  We get first degree felony aggravated assault, witness tampering, the retaliation, obstruction,
[23:11.960 --> 23:13.360]  they just mount up.
[23:13.360 --> 23:16.280]  And then we start filing them against these guys.
[23:16.280 --> 23:22.640]  We get people all over the state regularly filing criminal charges against these judges
[23:22.640 --> 23:25.760]  and prosecutors and clerks.
[23:25.760 --> 23:30.440]  These guys are going to get real excited.
[23:30.440 --> 23:32.440]  We'll begin to change everything.
[23:32.440 --> 23:37.120]  Okay, Scott, tell us what's been going on with you.
[23:37.120 --> 23:44.080]  Well, remember about a week ago, I couldn't call in because I guess the board filled
[23:44.080 --> 23:45.800]  up pretty quick.
[23:45.800 --> 23:58.360]  But I had taken all the lawsuits that I have filed and I turned them all into what would
[23:58.360 --> 23:59.360]  they call it again?
[23:59.360 --> 24:00.360]  Declaratory judgment.
[24:00.360 --> 24:01.360]  Declaratory judgment.
[24:01.360 --> 24:04.520]  I had a brain fart.
[24:04.520 --> 24:05.520]  And so anyhow...
[24:05.520 --> 24:06.520]  No, no, no.
[24:06.520 --> 24:07.520]  Wait, wait, wait.
[24:07.520 --> 24:10.080]  This is a radio show.
[24:10.080 --> 24:12.760]  You can't say brain fart.
[24:12.760 --> 24:16.000]  You have to say brain flatulence.
[24:16.000 --> 24:19.840]  Okay, well, you know, excuse me.
[24:19.840 --> 24:32.760]  So anyhow, I had one of the judges ride back and actually kind of say, okay, wait a minute,
[24:32.760 --> 24:39.880]  he was going to throw it out on a rule 12B or 91A, wherever which court it was in.
[24:39.880 --> 24:46.040]  So all of a sudden now he reversed instead he reversed the decision on that and told
[24:46.040 --> 24:55.480]  him, since I filed that declaratory judgment as an answer, whatever he filed, it wasn't
[24:55.480 --> 24:58.160]  addressing any of the issues now.
[24:58.160 --> 25:08.960]  And so to have a dismiss for the 12B or 91A or whichever one it was, that didn't count
[25:08.960 --> 25:09.960]  no more.
[25:09.960 --> 25:15.920]  So now he reversed it and a couple of days later that attorney, he went ahead and turned
[25:15.920 --> 25:22.520]  in some kind of pleading to kind of better address it, but yeah, he gave them a fair
[25:22.520 --> 25:28.160]  warning shot, sounds like as well we had talked about and he thought that was pretty amazing
[25:28.160 --> 25:29.160]  right there.
[25:29.160 --> 25:31.600]  The judge reversed his position on it.
[25:31.600 --> 25:39.200]  Yeah, I thought that was, that was, yeah, and the way I read it, he didn't have to dismiss
[25:39.200 --> 25:43.920]  these suespontes, he did the suespontes.
[25:43.920 --> 25:48.920]  He could have waited till the hearing on the motions and just ruled in moot because the
[25:48.920 --> 25:53.920]  issues they addressed were no longer before the court, but he didn't do that.
[25:53.920 --> 26:00.640]  He issued a ruling suespontes ahead of time and clearly he's giving these lawyers fair
[26:00.640 --> 26:08.800]  warning that you need to refile because if this gets the court, I'm throwing it out.
[26:08.800 --> 26:11.600]  He's giving them a heads up.
[26:11.600 --> 26:20.000]  So that also means that it's very unlikely that he'll trash these cases on the first
[26:20.000 --> 26:26.880]  go round and then you force the cities into discovery and that's one place they do not
[26:26.880 --> 26:29.360]  want to go.
[26:29.360 --> 26:36.480]  That was the idea of the declaratory judgment suit and it looks like it's going to work.
[26:36.480 --> 26:44.800]  Well I just got a letter today from, this is a federal court case, so this is in the
[26:44.800 --> 26:52.640]  northern district here and today it was actually ordered since they made some kind of answer
[26:52.640 --> 26:53.880]  and go back to it.
[26:53.880 --> 27:05.760]  Now it's been, it's sent for an order of reference to a magistrate judge to see about conducting
[27:05.760 --> 27:12.640]  a hearing if she determines a hearing is necessary, to see about the motion to dismiss for the
[27:12.640 --> 27:19.040]  court's abstention and dismissal and it says judge Rutherford may conduct a hearing if
[27:19.040 --> 27:22.120]  she determines a hearing is necessary.
[27:22.120 --> 27:32.560]  And this order of reference also prospectively refers all procedural motions e.g. ergo to
[27:32.560 --> 27:39.280]  modify breathing limitations to supplement a motion or for an expedited hearing here
[27:39.280 --> 27:45.760]  in after file by a party whose supports are opposed as the referent referred motion and
[27:45.760 --> 27:51.680]  that relate to the United States magistrate judge's resolution of this referred motion.
[27:51.680 --> 27:55.880]  So ordered January 29th.
[27:55.880 --> 28:00.960]  Did you agree to a magistrate?
[28:00.960 --> 28:04.440]  I have not ever.
[28:04.440 --> 28:10.400]  But the northern district always goes to a magistrate whether you agree to it or not
[28:10.400 --> 28:15.760]  and that's the fight Harmon Taylor was taking on at least in Harmon's case that kind of
[28:15.760 --> 28:17.880]  got that stopped.
[28:17.880 --> 28:25.440]  But in your case, I don't know if that's necessarily a problem.
[28:25.440 --> 28:28.360]  So it'll be interesting to see what the magistrate does.
[28:28.360 --> 28:29.360]  Yeah.
[28:29.360 --> 28:35.560]  Well, normally they just pretty much rule against you on everything and give it to the
[28:35.560 --> 28:40.280]  district judge and he just orders it, yeah, ruled on the magistrate's decision.
[28:40.280 --> 28:45.200]  So he kind of gets a little scapegoat out of it.
[28:45.200 --> 28:48.080]  I'm not so sure about that.
[28:48.080 --> 28:55.880]  Well, I know when I had them all set up for damages, that's the way everything was going.
[28:55.880 --> 29:02.240]  But now that everything's moved over for declaratory judgment and just ruling on the facts of the
[29:02.240 --> 29:09.320]  law and stuff, it's changed the dynamics and everybody's taken pause on this so far.
[29:09.320 --> 29:14.560]  And now I just get this today, so it's going to be interesting to see which way they wiggle
[29:14.560 --> 29:15.560]  down.
[29:15.560 --> 29:16.560]  Good.
[29:16.560 --> 29:25.160]  This will test them and it looks like you're getting these lawyers attention.
[29:25.160 --> 29:31.680]  They tried their standard tool to get it thrown out and when they filed it, they filed a motion
[29:31.680 --> 29:32.680]  to dismiss.
[29:32.680 --> 29:41.120]  When a motion to dismiss is filed, that automatically gives you opportunity to file an amended pleading.
[29:41.120 --> 29:47.120]  Okay, hang on, hear the music, about to go to break.
[29:47.120 --> 29:53.840]  Randy Kelton, Deborah Stevens, Rural Law Radio, our call in number 512-646-1984.
[29:53.840 --> 30:02.600]  We'll be right back.
[30:02.600 --> 30:04.600]  Get out a hat and sunglasses.
[30:04.600 --> 30:09.920]  In San Diego, law enforcement agents are using video surveillance cameras and facial recognition
[30:09.920 --> 30:11.800]  to pick faces out of crowds.
[30:11.800 --> 30:16.480]  I'm Dr. Catherine Albrecht, back with details in a moment.
[30:16.480 --> 30:18.200]  Privacy is under attack.
[30:18.200 --> 30:21.800]  When you give up data about yourself, you'll never get it back again.
[30:21.800 --> 30:26.800]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.800 --> 30:28.320]  So protect your rights.
[30:28.320 --> 30:32.040]  Say no to surveillance and keep your information to yourself.
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[30:54.800 --> 30:59.880]  Face First has developed scanners that can sweep a crowd from 100 feet away to record
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[31:06.720 --> 31:11.840]  Already deployed in Panama, Face First is now being tested on San Diego streets.
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[33:25.400 --> 33:41.280]  Well, I guess that's it.
[33:41.280 --> 33:48.600]  I'm pretty well just kind of postponed, and basically they, I had emotions hearing over
[33:48.600 --> 33:54.360]  here in Garland, and what had happened is they naturally, they ruled against me on everything.
[33:54.360 --> 34:00.600]  I got that by mail, because she didn't make the ruling in court, because there was too
[34:00.600 --> 34:04.560]  many motions to rule on at that present time.
[34:04.560 --> 34:10.080]  So then about six weeks later, I finally got the ruling in the mail, was ruled against
[34:10.080 --> 34:15.920]  me on everything, and so then right after that, I went ahead and turned in another subject
[34:15.920 --> 34:21.640]  matter jurisdiction, but basically it was the briefing that I've been given all these
[34:21.640 --> 34:22.640]  other courts.
[34:22.640 --> 34:28.760]  So it's all just a brief now, and so now I'm just going to go in there, you know, the next
[34:28.760 --> 34:33.520]  time, and you know, I kind of been going back and forth with this city attorney here, and
[34:33.520 --> 34:39.120]  just, you know, hey, how does this guy have the authority to be out there enforcing, you
[34:39.120 --> 34:40.120]  know, the transportation code?
[34:40.120 --> 34:44.200]  That's when he came back with this little letter today, you know, and I was like, well,
[34:44.200 --> 34:53.360]  how does that go, you know, and so anyhow, I got that motion that's going to be before
[34:53.360 --> 34:54.360]  the court.
[34:54.360 --> 35:01.520]  That's the one that I'm going to say, I'm going to have to stand on my pleadings here,
[35:01.520 --> 35:03.440]  and that's how we're going to roll on this.
[35:03.440 --> 35:12.760]  So it's been real, very, very, very cordial, and that's one thing that has been very good
[35:12.760 --> 35:15.360]  in everything else.
[35:15.360 --> 35:25.400]  Have you considered requesting findings of fact and conclusions at law from the judge?
[35:25.400 --> 35:34.320]  I wrote, you know, I've said that in open court on the record that I wanted that, and
[35:34.320 --> 35:40.680]  naturally when she wrote the response, there was no findings of fact of anything.
[35:40.680 --> 35:46.840]  It was just, no, denied, denied, denied, denied on this, denied on sections one through blah,
[35:46.840 --> 35:47.840]  blah, blah, denied.
[35:47.840 --> 35:52.480]  It was just like a laundry list of denial.
[35:52.480 --> 35:59.920]  Then we need to put together a findings of fact along with the case law that calls it
[35:59.920 --> 36:07.680]  a due process error for the judge to fail to rule on the facts in law, and we'll call
[36:07.680 --> 36:15.040]  it an act of official pressure, the demand that the judge give you facts in law.
[36:15.040 --> 36:21.120]  Yeah, well that's what I asked for was the findings of facts and conclusions at law
[36:21.120 --> 36:25.800]  that are points of authority, findings of facts and conclusions in law, you know, and
[36:25.800 --> 36:31.160]  so I said it both ways, and that was it, and I didn't get none of that.
[36:31.160 --> 36:34.120]  That should be an error right there, you know.
[36:34.120 --> 36:40.600]  They'll probably claim it's judicial immunity or whatever they call it, you know.
[36:40.600 --> 36:45.760]  We could go ahead and put together a criminal complaint against the judge for official oppression
[36:45.760 --> 36:50.720]  and just start it through the works.
[36:50.720 --> 36:52.120]  That'll get their attention.
[36:52.120 --> 36:59.240]  Oh, well, I've been doing a lot of stuff that's been getting their attention lately,
[36:59.240 --> 37:06.600]  so this is quite interesting on some of the procedures that have started coming out on
[37:06.600 --> 37:12.000]  some of this stuff that's being very, very friendly all of a sudden, and not so, you
[37:12.000 --> 37:17.640]  know, trying to railroad and do all this other stuff, so I'm having a little bit more of
[37:17.640 --> 37:23.560]  an effect on putting something in and paying a little bit more attention to it now.
[37:23.560 --> 37:28.480]  Of course, you're following all the lawsuits on everybody, that starts getting their attention
[37:28.480 --> 37:29.480]  too.
[37:29.480 --> 37:37.800]  They're like, man, this guy is, he's stupid, he's just going after everybody.
[37:37.800 --> 37:42.720]  And well, you're taking them to the books, and now if you take them, start taking them
[37:42.720 --> 37:48.120]  to grand juries, you start running that routine on them.
[37:48.120 --> 37:57.000]  The thing I like about the criminal complaints is it puts them in a very untenable and potentially
[37:57.000 --> 38:00.760]  volatile situation.
[38:00.760 --> 38:08.160]  You're making grand jury noises, and of everything in law, that's the one thing they don't feel
[38:08.160 --> 38:10.240]  like they have control over.
[38:10.240 --> 38:17.600]  I don't always hear all the patriots saying, quoting Scalia saying that any prosecutor
[38:17.600 --> 38:25.000]  worth his salt can get a ham sandwich indicted, but what they don't talk about is how you
[38:25.000 --> 38:31.920]  keep that ham sandwich from getting it, that's a whole other animal.
[38:31.920 --> 38:39.280]  So they're always worried, it's like playing Russian roulette with their career.
[38:39.280 --> 38:45.680]  You're out there trying to get criminal charges prosecuted against them.
[38:45.680 --> 38:49.600]  They say anything about that, it comes up witness tampering and retaliation.
[38:49.600 --> 38:55.920]  So they got to kind of keep their mouth shut while you're going after their throats.
[38:55.920 --> 39:01.920]  It puts them in a tough position, and they just never know what a grand jury's going
[39:01.920 --> 39:02.920]  to do.
[39:02.920 --> 39:09.720]  So everybody that interferes in the process, they find out real quick that you're literally
[39:09.720 --> 39:12.000]  setting them up.
[39:12.000 --> 39:17.160]  You file this complaint against the judge knowing the prosecutor's going to refuse to act on
[39:17.160 --> 39:18.160]  it.
[39:18.160 --> 39:22.160]  They immediately file against the prosecutor.
[39:22.160 --> 39:28.920]  He's going to say, that chump set me up, yeah, we did, and we just walk up the line that
[39:28.920 --> 39:36.240]  way and get everybody upset because they're getting and having you come after them potentially
[39:36.240 --> 39:44.720]  putting marks on their permanent record because they tried to help out a colleague, they slithered
[39:44.720 --> 39:48.360]  up behind that thin blue line.
[39:48.360 --> 39:50.880]  So let's just see how they like it back there.
[39:50.880 --> 39:54.000]  That's my story and I'm sticking to it.
[39:54.000 --> 39:56.160]  Okay, do you have anything else for us?
[39:56.160 --> 39:58.800]  We are really getting a board full of callers.
[39:58.800 --> 40:04.280]  So I will let you go and get to the next one so you have a good evening.
[40:04.280 --> 40:06.280]  I'll talk to you tomorrow.
[40:06.280 --> 40:07.440]  Okay, thank you Scott.
[40:07.440 --> 40:11.280]  Okay, now we're going to go to John in New York.
[40:11.280 --> 40:12.280]  Hello John.
[40:12.280 --> 40:13.280]  Hello.
[40:13.280 --> 40:16.280]  Hi Randy, how are you?
[40:16.280 --> 40:22.840]  Oh good, my caller board moved on me, confused me.
[40:22.840 --> 40:23.840]  How's it going there?
[40:23.840 --> 40:25.640]  What do you have for us today?
[40:25.640 --> 40:32.560]  Well, I got a relative that you helped me with that ticket and the judge just missed
[40:32.560 --> 40:39.280]  it and boy we say thank you, so let's get the frogs out, here we go.
[40:39.280 --> 40:51.480]  Well, he got another ticket and he got a ticket for 1128 and in New York State that's failure
[40:51.480 --> 40:53.120]  to keep right.
[40:53.120 --> 41:06.280]  The cop said in the deposition that he saw the tires, both tires on the driver's side
[41:06.280 --> 41:17.400]  lost the yellow line, well number one there was no yellow line and there wasn't the yellow
[41:17.400 --> 41:24.360]  line and my relative went back and took pictures of where this actually took place and the
[41:24.360 --> 41:34.640]  cop gave me that address and in front of that address there was no yellow line.
[41:34.640 --> 41:42.400]  Is he going to charge the officer with aggravated perjury?
[41:42.400 --> 41:47.760]  I'll say that again, I like hearing that, say it again one more time.
[41:47.760 --> 41:56.680]  Well, if the officer made a statement on a document under oath and that statement was
[41:56.680 --> 42:05.120]  material and the statement was false in every state that's aggravated, aggravated perjury
[42:05.120 --> 42:11.240]  and it's generally a felony.
[42:11.240 --> 42:15.040]  You know what they're going to say, they're going to say, well he meant to say that you
[42:15.040 --> 42:20.360]  crossed, you were in the other, that's not what he said.
[42:20.360 --> 42:27.720]  We don't care what he meant to say, we care about what he actually said and swore to under
[42:27.720 --> 42:35.440]  oath and then you know when you file it the police are going to refuse to take it, at
[42:35.440 --> 42:43.440]  least you hope they do and then you charge them with shielding for prosecution and acting
[42:43.440 --> 42:53.360]  in concert and collusion as they're culpable after the fact because they tried to hide
[42:53.360 --> 42:58.920]  the offense so you tie them up in it.
[42:58.920 --> 43:01.320]  Everybody tries to help them, you tie them up in it.
[43:01.320 --> 43:06.600]  Don't ever expect to get this before a grand jury but if we can get a few people doing
[43:06.600 --> 43:14.840]  this it's going to terrify these guys because they don't know.
[43:14.840 --> 43:22.840]  You know I once got all the highest judges in Texas before grand jury and it wasn't me.
[43:22.840 --> 43:27.840]  I thought it was all my eloquent oratory and all the pressure I put on them had nothing
[43:27.840 --> 43:33.400]  to do with me, had everything to do with politics.
[43:33.400 --> 43:42.720]  I provided cannon fodder for these judges political enemies so you got this cop here
[43:42.720 --> 43:48.000]  and hang on we're about to go to break Randy Kelton, Debra Stephens, Wheel of Law Radio,
[43:48.000 --> 44:17.000]  our call to lead number 512-646-1984, we'll be right back.
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[46:22.080 --> 46:26.560]  Okay.
[46:26.560 --> 46:27.560]  We are back.
[46:27.560 --> 46:32.320]  Randy Kecklin and Deborah Stevens, rule of law radio on this, the first day of February
[46:32.320 --> 46:35.320]  2018.
[46:35.320 --> 46:40.280]  I think I started out the show say in March and so I got that all confused.
[46:40.280 --> 46:45.920]  This is the first day of February 2018 and we're talking John in New York.
[46:45.920 --> 46:46.920]  Go ahead, John.
[46:46.920 --> 46:53.880]  All right, can you reiterate what you, all the things you just said, what the cap, uh,
[46:53.880 --> 46:54.880]  can do?
[46:54.880 --> 47:01.720]  Oh, this is the most fun part about what we do is they come into court and they pull
[47:01.720 --> 47:07.680]  all their shenanigans and they're used to people getting angry or upset and frustrated
[47:07.680 --> 47:14.360]  and feel betrayed and defeated and they go away.
[47:14.360 --> 47:19.240]  What we want them to feel like is we're laying traps for them.
[47:19.240 --> 47:24.560]  So you come into court and they don't do what they're supposed to, you start fighting
[47:24.560 --> 47:27.200]  criminal charges against them.
[47:27.200 --> 47:33.080]  The police officer lies on a police report.
[47:33.080 --> 47:34.080]  Courts don't care.
[47:34.080 --> 47:37.880]  There's been a problem that courts won't do anything about it.
[47:37.880 --> 47:39.080]  So we do something about it.
[47:39.080 --> 47:41.320]  We don't need a courts.
[47:41.320 --> 47:47.200]  We just prepare an aggravated perjury charge against the police officer, file it along
[47:47.200 --> 47:53.480]  with a copy of the affidavit, and with photos of the location showing that there was no
[47:53.480 --> 47:57.800]  yellow line, that's dead bang.
[47:57.800 --> 48:04.560]  You take that and file it with a magistrate and the magistrate refused to take it.
[48:04.560 --> 48:11.440]  So you go to the prosecuting attorney with a complaint against the magistrate.
[48:11.440 --> 48:14.440]  This is what I've been doing here in Texas.
[48:14.440 --> 48:19.360]  I'd like to find a really nitpicking minor complaint.
[48:19.360 --> 48:23.080]  Aggravated perjury is a lot more serious.
[48:23.080 --> 48:30.040]  What I was talking to Scott about where you go in for the first hearing after you get
[48:30.040 --> 48:35.960]  the ticket and they send you this clerk and this clerk asks for a plea, but I charged
[48:35.960 --> 48:48.320]  the clerk with impersonating a public official because she did what she was trained to do.
[48:48.320 --> 48:51.320]  I love those.
[48:51.320 --> 48:56.920]  And then you take that complaint to a judge or a magistrate or a prosecutor.
[48:56.920 --> 49:02.440]  I want to do it to a magistrate first because when I come to the prosecutor, I want to bring
[49:02.440 --> 49:07.520]  the prosecutor a complaint against a public official.
[49:07.520 --> 49:11.560]  So I'll go to a magistrate, every judge is a magistrate.
[49:11.560 --> 49:18.200]  So you go to a magistrate, you know, I like to go into courts when they're having motion
[49:18.200 --> 49:23.840]  hearings because the motion hearings generally the motions just take a few seconds for each
[49:23.840 --> 49:24.840]  one.
[49:24.840 --> 49:33.120]  The lawyers line up with their motions and they go up one at a time, they judge, sometimes
[49:33.120 --> 49:36.280]  they have arguments, sometimes they don't, the judge just rules on them, they just go
[49:36.280 --> 49:38.440]  through them very quickly.
[49:38.440 --> 49:44.800]  So I go in, I always wear a nice suit and tie, call the bailiff over, tell him to tell
[49:44.800 --> 49:48.440]  me I always tell him my name because I don't want him to ask me any questions.
[49:48.440 --> 49:53.160]  So my name is Randall Kelton, I'm a structured judge and I have a business with the court.
[49:53.160 --> 49:58.840]  And depending on what I see going on in the court and how the judge is acting, if the
[49:58.840 --> 50:05.720]  judge is a real stinker, then I'm going to sting his bailiff.
[50:05.720 --> 50:07.840]  The bailiff is going to say, may I tell him the nature of the business?
[50:07.840 --> 50:10.080]  Now I'm going to say, no, you may not.
[50:10.080 --> 50:14.120]  I have a business with the court and it's none of yours.
[50:14.120 --> 50:18.520]  So that's going to upset him and then he's going to run up to the judge and say, there's
[50:18.520 --> 50:23.280]  some jerk out here, the judge's got business with the court and you won't tell me what
[50:23.280 --> 50:24.280]  it is.
[50:24.280 --> 50:25.280]  So that gets the judge's attention.
[50:25.280 --> 50:32.640]  Because the judge figures he's going to get opportunity to pay you back with his bad attitude.
[50:32.640 --> 50:40.000]  But if the judge seems nicer and easier going, then when the bailiff says, may I ask the
[50:40.000 --> 50:43.400]  nature of the business and you say, yes, you can't, here, give the judge these.
[50:43.400 --> 50:45.880]  You hand him these documents.
[50:45.880 --> 50:48.480]  He goes up and gives them to the judge.
[50:48.480 --> 50:54.360]  So either way, however you're more comfortable doing it, then the judge is going to look
[50:54.360 --> 50:59.480]  at it and see that they're criminal complaints and he's likely to give you very sage advice.
[50:59.480 --> 51:03.480]  Oh, well, these are criminal complaints.
[51:03.480 --> 51:11.640]  You need to take those to the police department or to the sheriff's department or to the prosecuting
[51:11.640 --> 51:12.640]  attorney.
[51:12.640 --> 51:18.680]  And you say, oh, well, your honor, well, thank you very much.
[51:18.680 --> 51:19.680]  Take your documents and leave.
[51:19.680 --> 51:25.840]  And then when you go to the police department or the prosecutor, you take criminal charges
[51:25.840 --> 51:32.280]  against that magistrate because it was the magistrate's duty to hold an examining trial,
[51:32.280 --> 51:34.760]  not send you somewhere else.
[51:34.760 --> 51:43.520]  So now you're coming with a complaint against someone who's essentially innocent and everybody's
[51:43.520 --> 51:45.240]  going to want to protect them.
[51:45.240 --> 51:47.640]  At least that's what we hope they do.
[51:47.640 --> 51:50.640]  See, I have this rule.
[51:50.640 --> 51:57.040]  Never ask the public official to do anything you actually want them to do because you never
[51:57.040 --> 52:03.000]  ask the public official to do anything that the law does not command them to do.
[52:03.000 --> 52:06.320]  So when they don't do it, boom, just bump them.
[52:06.320 --> 52:10.920]  So you take your complaints and walk them up the system this way.
[52:10.920 --> 52:18.000]  So you've got all these officials here, all getting in line to protect their buddies and
[52:18.000 --> 52:21.040]  then they wind up in the line of fire.
[52:21.040 --> 52:26.760]  And very quickly, it's clear to them that you're doing this to them on purpose, that
[52:26.760 --> 52:27.760]  you're setting them up.
[52:27.760 --> 52:30.200]  Does that sound like fun, John?
[52:30.200 --> 52:36.240]  Oh, that sounds like great fun.
[52:36.240 --> 52:41.640]  With one way to approach this situation, is this a good way to do it?
[52:41.640 --> 52:48.280]  In your experience, our most traffic tickets, you know, the lesser ones like this one, are
[52:48.280 --> 52:52.720]  they civil offenses or are they criminal offenses?
[52:52.720 --> 52:58.240]  In most states, they are criminal offenses.
[52:58.240 --> 53:04.520]  In California, they call them infractions and they're acting like they're not criminal,
[53:04.520 --> 53:05.520]  but they are.
[53:05.520 --> 53:09.320]  Yeah, they try to do apples and oranges.
[53:09.320 --> 53:15.560]  Yeah, they try to do this song and dance and seltzer down your pants.
[53:15.560 --> 53:16.560]  Yeah.
[53:16.560 --> 53:26.000]  Now, what do you think, if you think, I called, I called the, what did I call it, Albany?
[53:26.000 --> 53:31.960]  And if I called, what did I call it, DMV?
[53:31.960 --> 53:34.960]  Most states call it the Division of Motor Vehicles, yeah.
[53:34.960 --> 53:40.760]  Yeah, I think I called the DMV and the guy that answered the phone said that that's,
[53:40.760 --> 53:44.560]  what did he tell me now, now I forgot what he told me.
[53:44.560 --> 53:50.560]  I got it, I got it all written down, but I forgot what he told me.
[53:50.560 --> 53:52.560]  What did you ask him?
[53:52.560 --> 53:59.840]  Well, I asked him, is that the criminal offense or is it a civil offense?
[53:59.840 --> 54:05.080]  And I forget now what he said, but here, here, tell me if this is right or wrong.
[54:05.080 --> 54:17.240]  The way we had thought, the way I had gotten information to approach this was, was that
[54:17.240 --> 54:20.080]  the traffic stop was illegal.
[54:20.080 --> 54:26.000]  If it's, if it's a civil case, then the cop had no business, there's no such thing as
[54:26.000 --> 54:34.520]  probable cause to stop the motor, which means that was an illegal stop and an illegal seizure.
[54:34.520 --> 54:35.520]  But you...
[54:35.520 --> 54:45.760]  A comment I was going to make to clarify that, if, if a police officer based on an alleged
[54:45.760 --> 54:58.240]  on-site action by you has the power to seize you at your liberty for Fourth Amendment rights,
[54:58.240 --> 55:00.840]  you're under arrest.
[55:00.840 --> 55:05.320]  If it was a civil matter, they'd have no power to, to seize you.
[55:05.320 --> 55:12.720]  They could only send you a summons, so if they can pull you over and stop you, it's
[55:12.720 --> 55:16.000]  criminal.
[55:16.000 --> 55:21.200]  Yeah, but is it possible that they're pulling people over in New York State, even though
[55:21.200 --> 55:27.320]  it's not criminal, that it's civil, and they're getting away with that, and which is an, what's
[55:27.320 --> 55:31.000]  the amounts to the Fourth Amendment rights being breached?
[55:31.000 --> 55:38.200]  But just, most criminal, most tickets are criminal offenses, that's what you're saying,
[55:38.200 --> 55:39.200]  right?
[55:39.200 --> 55:43.720]  They are definitely criminal offenses in New York State.
[55:43.720 --> 55:48.080]  Well, they're definitely criminal in New York State, so he has the power to pull you
[55:48.080 --> 55:51.920]  over, so we can't approach it in that angle, can we?
[55:51.920 --> 55:53.360]  Yeah, right, right.
[55:53.360 --> 55:59.680]  Some states, they try to walk this fine line like California, but at the end of the day,
[55:59.680 --> 56:06.320]  it's criminal, but they don't walk that fine line in Texas or New York, and in most states,
[56:06.320 --> 56:13.320]  they make it very clear that it's kept criminal, that way they justify their officers pulling
[56:13.320 --> 56:14.320]  you over.
[56:14.320 --> 56:20.120]  If they pull you over, you're under arrest, period, and you can't be arrested for a civil
[56:20.120 --> 56:21.120]  offense.
[56:21.120 --> 56:22.120]  That's right.
[56:22.120 --> 56:23.120]  That's right.
[56:23.120 --> 56:27.840]  But somebody told me that they do that all the time, and of course, people don't know
[56:27.840 --> 56:29.840]  that, so they let them get away with it.
[56:29.840 --> 56:30.840]  Yeah.
[56:30.840 --> 56:35.040]  But that's not the case in New York, that's not the case in New York, right?
[56:35.040 --> 56:44.560]  No, but it would be, you know, there's no way they could get to calling this a civil
[56:44.560 --> 56:45.560]  offense.
[56:45.560 --> 56:55.280]  They just can't get there, because the officers, it has authority to seize you at your liberty,
[56:55.280 --> 57:02.680]  can't be civil, has to be criminal, there's just no way around it.
[57:02.680 --> 57:07.960]  So I wouldn't argue the issues that is civil.
[57:07.960 --> 57:08.960]  Okay.
[57:08.960 --> 57:16.000]  All right, then, let's see, I've got to take fast.
[57:16.000 --> 57:24.760]  Oh, well, just, I don't know what else to say.
[57:24.760 --> 57:31.320]  I'm a little bit confused now, but I know what you're saying.
[57:31.320 --> 57:38.600]  So once again, the cop, actually, what it boils down to is he gave misinformation.
[57:38.600 --> 57:41.680]  And oh, I know what I was going to say.
[57:41.680 --> 57:45.960]  My relatives made a mistake, I think, tell me if I'm wrong or I'm right.
[57:45.960 --> 57:50.280]  He made a mistake and asked the cop for the deposition right on the spot, and of course
[57:50.280 --> 57:53.560]  the cop gave him the deposition.
[57:53.560 --> 57:58.680]  So now he can't do what he did before, and he kind of, my relative shot himself in the
[57:58.680 --> 58:04.440]  court, can't do what he did before, and asked for the deposition through the judge, through
[58:04.440 --> 58:05.440]  the court.
[58:05.440 --> 58:06.440]  And then not...
[58:06.440 --> 58:07.440]  Sure he can.
[58:07.440 --> 58:14.400] ...and he wants to see the deposition filed with the court.
[58:14.400 --> 58:21.680]  If he's got one that was created on the street, how does he know what the court has is the
[58:21.680 --> 58:23.680]  same as what he has?
[58:23.680 --> 58:24.680]  Oh, okay.
[58:24.680 --> 58:27.720]  So then you can do the same thing.
[58:27.720 --> 58:28.720]  Absolutely.
[58:28.720 --> 58:36.720]  Yeah, and he got one from the cop before he had a chance to make adjustments.
[58:36.720 --> 58:37.720]  Hang on.
[58:37.720 --> 58:38.720]  About to go to break.
[58:38.720 --> 58:46.080]  Randy Kelton, Deborah Stevens, Rule of Law Radio, our call in number 512-646-1984.
[58:46.080 --> 58:50.080]  We'll be right back.
[58:50.080 --> 58:55.520]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.520 --> 58:58.320]  because they struggle to understand it.
[58:58.320 --> 59:03.720]  Some new translations try to help by simplifying the text, but in the process can compromise
[59:03.720 --> 59:06.960]  the profound meaning of the Scripture.
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[59:43.720 --> 59:47.760]  or by ordering online at freestudybible.com.
[59:47.760 --> 59:52.920]  That's freestudybible.com.
[59:52.920 --> 01:00:02.600]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:02.600 --> 01:00:07.880]  The following news flash is brought to you by the Lone Star Lowdown.
[01:00:07.880 --> 01:00:13.000]  Markets for Monday, the 8th of January, 2018 opened with gold at $1,320.00 and two cents
[01:00:13.000 --> 01:00:22.040]  an ounce, silver $17.20 an ounce, Texas Crude $61.44 a barrel, Bitcoin $16,020.30, while
[01:00:22.040 --> 01:00:32.040]  Bitcoin cash is at $2,757.56, finally dash coins at $1,284.36, a crypto coin.
[01:00:32.040 --> 01:00:40.640]  Today in history, the year 1835, the United States government national debt is zero for
[01:00:40.640 --> 01:00:45.200]  the first time and presumably only time in the government's existence.
[01:00:45.200 --> 01:00:50.400]  Zero government debt, today in history.
[01:00:50.400 --> 01:00:54.280]  In recent news, the president will undergo a two-hour physical exam which will include
[01:00:54.280 --> 01:00:58.440]  urine blood analysis, cardiac evaluation, and some more personal prying with sleeping
[01:00:58.440 --> 01:01:02.840]  habits and even his romantic life being discussed with the multi-administration presidential
[01:01:02.840 --> 01:01:03.840]  physician.
[01:01:03.840 --> 01:01:08.080]  It seems the president may be wanting to later rest the recent lineup of criticisms, questioning
[01:01:08.080 --> 01:01:11.920]  his mental health and stability, apparently some of the president's more recent tweets
[01:01:11.920 --> 01:01:16.720]  directed towards North Korea's Kim Jong-un and the author of the book Fire and Fury,
[01:01:16.720 --> 01:01:20.840]  Michael Wolfe, has many thinking that the president should perhaps be more articulate
[01:01:20.840 --> 01:01:25.840]  and less rash with his tweets.
[01:01:25.840 --> 01:01:29.880]  U.S. District Court Judge Gloria Namvaro dismissed cases against Nevada Rancher Clive
[01:01:29.880 --> 01:01:33.640]  and Bundy, two sons and a Montana militiaman today.
[01:01:33.640 --> 01:01:37.800]  Judge ruled that the government's lawyers suppressed footage from several cameras that
[01:01:37.800 --> 01:01:42.040]  were set up by the FBI around the Bundy's family home that would have been favorable
[01:01:42.040 --> 01:01:46.680]  in the defendant's case when Mr. Bundy was released today Monday after leaving the courthouse
[01:01:46.680 --> 01:01:50.240]  while he told reporters that I've been a political prisoner for 700 days.
[01:01:50.240 --> 01:01:54.800]  He hadn't seen his wife for nearly two years due to the fact that he had refused any conditional
[01:01:54.800 --> 01:02:01.120]  release which required him to forfeit his trial by jury rights.
[01:02:01.120 --> 01:02:05.480]  Former Google engineer James Damore filed a class action lawsuit against the Alphabet
[01:02:05.480 --> 01:02:10.240]  Corporation on Monday claiming that it discriminates against white men and those with conservative
[01:02:10.240 --> 01:02:11.680]  leaning views.
[01:02:11.680 --> 01:02:15.920]  Damore was terminated for dismantling a memo essentially questioning the company's diversity
[01:02:15.920 --> 01:02:17.080]  policies.
[01:02:17.080 --> 01:02:21.160]  The suit is basically arguing that Google employees who express views deviating from
[01:02:21.160 --> 01:02:27.400]  corporate sentiments on politics and practices like diversity hiring policies by a sensitivity
[01:02:27.400 --> 01:02:33.120]  and social justice were singled out, mistreated and systematically punished and terminated
[01:02:33.120 --> 01:02:34.120]  from Google.
[01:02:34.120 --> 01:02:38.200]  Google spokesman Tasha Parr sent a response that we look forward to defending against
[01:02:38.200 --> 01:02:40.600]  Mr. Damore's lawsuit in court.
[01:02:40.600 --> 01:02:46.360]  If you'd like to help out the Lone Star Lowdown with some reporting or advertising, feel free
[01:02:46.360 --> 01:03:05.360]  to give me call it 210-363-2257, this was for crony with your Lowdown or January 8, 2018.
[01:03:05.360 --> 01:03:17.140]  Thank you.
[01:03:47.140 --> 01:03:56.140]  me, say Alman was created equally, chanted on Babylon and do with daily, and when night
[01:03:56.140 --> 01:04:03.140]  comes, it's for everybody, so when I want me, I say chanted man, me chanted on Babylon,
[01:04:03.140 --> 01:04:10.140]  we come, Babylon is wrong, you only write man, me say is the rest man, we take me, say
[01:04:10.140 --> 01:04:17.140]  Lord man before we end the morning, to chanted on Babylon, I know not their time, to let
[01:04:17.140 --> 01:04:23.140]  the Babyloners that we get in great time, we bite the tongue, key, me say chanted on
[01:04:23.140 --> 01:04:31.140]  Babylon, say Jesus Christ, I will rescue you, we take the time, chanted on Babylon,
[01:04:31.140 --> 01:04:36.140]  okay, we are back, ready to calcum, we're on the radio and we're talking to John in New
[01:04:36.140 --> 01:04:42.140]  York, okay John, we do need to move along, we've got two more callers and we're in our
[01:04:42.140 --> 01:04:46.140]  last hour, okay, what else do you have for us John?
[01:04:46.140 --> 01:04:52.140]  Okay, thank you very much Randy, how long does my relatives have to ask for the deposition,
[01:04:52.140 --> 01:04:55.140]  ten days?
[01:04:55.140 --> 01:05:01.140]  I don't think there is, this goes to discovery, so you can do that anytime, you just need
[01:05:01.140 --> 01:05:06.140]  to do it sufficient time before the trial date.
[01:05:06.140 --> 01:05:11.140]  Right, all right, explain one last thing, in just a few sentences, if you go in front
[01:05:11.140 --> 01:05:20.140]  of a judge and you're trying to defend yourself, explaining the insufficiency on its face, on
[01:05:20.140 --> 01:05:28.140]  the ticket regarding commercial versus whatever, can you, what's the wording that I should
[01:05:28.140 --> 01:05:35.140]  say to the judge if I'm using that as a defense, that the ticket has insufficiency on its face?
[01:05:35.140 --> 01:05:43.140]  Well the judge won't, okay, you maintain this as a commercial license and while you have
[01:05:43.140 --> 01:05:50.140]  a commercial license, there is no evidence in the record that you were operating under
[01:05:50.140 --> 01:05:58.140]  authority of that license because the license authorizes you to operate in commerce and
[01:05:58.140 --> 01:06:06.140]  the transportation code was passed in order to regulate commercial traffic and the citation
[01:06:06.140 --> 01:06:21.140]  fails to state, claim, provide evidence to establish the elements of commerce, therefore
[01:06:21.140 --> 01:06:25.140]  the complaint is insufficient on its face.
[01:06:25.140 --> 01:06:30.140]  So this is a standard license like I would have, not a commercial license?
[01:06:30.140 --> 01:06:36.140]  Yes, and let me explain how that, some recent case law I was looking at explained this pretty
[01:06:36.140 --> 01:06:37.140]  well.
[01:06:37.140 --> 01:06:45.140]  The states were authorized to require anyone who operates a motor vehicle on the public
[01:06:45.140 --> 01:06:52.140]  thoroughfares to request that they get a commercial license.
[01:06:52.140 --> 01:06:58.140]  The reason that they were authorized to do that is they weren't forcing people to
[01:06:58.140 --> 01:07:03.140]  operate in commerce, but before they could operate on the highways, the state needed to
[01:07:03.140 --> 01:07:10.140]  be able to be sure that a person had at least minimum level of competence.
[01:07:10.140 --> 01:07:17.140]  So they required a license in order to establish at least a minimum level of competence in being
[01:07:17.140 --> 01:07:24.140]  able to handle the automobile and a basic knowledge of the traffic laws.
[01:07:24.140 --> 01:07:32.140]  So they allowed them to force people to get a license, but then the public officials,
[01:07:32.140 --> 01:07:43.140]  as they always do, you give them any license, in this case I'm not talking about a government
[01:07:43.140 --> 01:07:51.140]  issued license, but you give them discretion and they will push it as far as they possibly
[01:07:51.140 --> 01:07:52.140]  can.
[01:07:52.140 --> 01:07:58.140]  So they said that while you're driving down the street and an officer sees you violated
[01:07:58.140 --> 01:08:02.140]  a traffic law, or at least he believes he does.
[01:08:02.140 --> 01:08:12.140]  And you're in a motor vehicle that has a commercial license plate on it, so he has reason to believe
[01:08:12.140 --> 01:08:19.140]  that you could be operating in commerce because you're displaying a commercial license plate.
[01:08:19.140 --> 01:08:26.140]  So when he pulls you over and you hand him a commercial driver's license, you could certainly
[01:08:26.140 --> 01:08:33.140]  be in commerce, but you could also be not in commerce.
[01:08:33.140 --> 01:08:39.140]  Just because you have a commercial license plate on the vehicle and you have a commercial
[01:08:39.140 --> 01:08:45.140]  driver's license does not necessarily mean that you are in commerce.
[01:08:45.140 --> 01:08:50.140]  There could be methods of operation that does not fall within the statutory scheme.
[01:08:50.140 --> 01:08:58.140]  So the complaint itself, in order to be sufficient, would have to establish the elements of commerce
[01:08:58.140 --> 01:09:01.140]  and they never do.
[01:09:01.140 --> 01:09:06.140]  Okay, so that's what I would tell the judge, and he would have to understand that.
[01:09:06.140 --> 01:09:10.140]  Oh yeah, they'll rule against you anyway, but you get in front of the court.
[01:09:10.140 --> 01:09:11.140]  Oh yeah, I won't.
[01:09:11.140 --> 01:09:14.140]  Okay, thank you very kindly.
[01:09:14.140 --> 01:09:16.140]  Okay, thank you John.
[01:09:16.140 --> 01:09:19.140]  Now we're going to go to Shane in New York.
[01:09:19.140 --> 01:09:22.140]  Hello Shane.
[01:09:22.140 --> 01:09:24.140]  Hey Randy, how you doing?
[01:09:24.140 --> 01:09:25.140]  Doing good.
[01:09:25.140 --> 01:09:28.140]  What do you have for us today?
[01:09:28.140 --> 01:09:30.140]  Alright, I'll be real quick and wait to the point.
[01:09:30.140 --> 01:09:35.140]  I think you already know my situation, or actually my mom's situation, but two choices.
[01:09:35.140 --> 01:09:41.140]  I'm going down two different roads and our situation with the hearing coming up next Friday.
[01:09:41.140 --> 01:09:51.140]  I think discovery would be a lot more important than a recusal at this time based on the transcripts that we talked about last week.
[01:09:51.140 --> 01:10:00.140]  I think discovery would be more important because maybe I can get them locked in and getting discovery to prove that they have no standing on the foreclosure.
[01:10:00.140 --> 01:10:02.140]  Okay, hold on.
[01:10:02.140 --> 01:10:09.140]  You're speaking to recusal and discovery as if they are related.
[01:10:09.140 --> 01:10:13.140]  Discovery is a matter between the two parties.
[01:10:13.140 --> 01:10:18.140]  The judge, the court is not necessarily involved in discovery.
[01:10:18.140 --> 01:10:23.140]  At least not the initial part of discovery.
[01:10:23.140 --> 01:10:24.140]  Right.
[01:10:24.140 --> 01:10:27.140]  Discovery is not something you file with the court directly.
[01:10:27.140 --> 01:10:30.140]  It's something you send to the other side.
[01:10:30.140 --> 01:10:38.140]  The only time the court becomes involved is when the opposing party doesn't respond to discovery.
[01:10:38.140 --> 01:10:48.140]  Then you file your discovery with the court and ask the court to order opposing counsel to respond to discovery.
[01:10:48.140 --> 01:10:53.140]  Whereas recusal, that's directly related to the court.
[01:10:53.140 --> 01:10:54.140]  Okay, go ahead.
[01:10:54.140 --> 01:10:55.140]  Right.
[01:10:55.140 --> 01:11:01.140]  Is discovery too late to raise right now?
[01:11:01.140 --> 01:11:02.140]  I don't know.
[01:11:02.140 --> 01:11:03.140]  I don't think so.
[01:11:03.140 --> 01:11:07.140]  Have you got a trial on the merit set?
[01:11:07.140 --> 01:11:08.140]  No.
[01:11:08.140 --> 01:11:14.140]  We're only having a status conference hearing on February the next week.
[01:11:14.140 --> 01:11:16.140]  No, you're putting in time.
[01:11:16.140 --> 01:11:20.140]  I would get discovery in as quickly as possible.
[01:11:20.140 --> 01:11:22.140]  That's all I need there.
[01:11:22.140 --> 01:11:24.140]  I don't want to keep you on the phone here too long.
[01:11:24.140 --> 01:11:27.140]  We'll get back to other important things here.
[01:11:27.140 --> 01:11:28.140]  Okay.
[01:11:28.140 --> 01:11:31.140]  Discovery is always the biggest deal.
[01:11:31.140 --> 01:11:33.140]  You want to get that in as fast as possible.
[01:11:33.140 --> 01:11:39.140]  If you can get to discovery, then you've got over the first hurdle.
[01:11:39.140 --> 01:11:43.140]  That's where you start picking them apart on the details.
[01:11:43.140 --> 01:11:44.140]  Okay.
[01:11:44.140 --> 01:11:45.140]  Thank you, Shane.
[01:11:45.140 --> 01:11:46.140]  You had a file of motion.
[01:11:46.140 --> 01:11:49.140]  Thank you.
[01:11:49.140 --> 01:11:50.140]  Okay.
[01:11:50.140 --> 01:11:51.140]  Wait a minute.
[01:11:51.140 --> 01:11:53.140]  I pre-muted you there.
[01:11:53.140 --> 01:11:54.140]  No, no.
[01:11:54.140 --> 01:12:01.140]  I was just going to finish up by saying I was under the impression you had a file of motion with the court to force them to produce discovery.
[01:12:01.140 --> 01:12:04.140]  Only if they don't produce it voluntarily.
[01:12:04.140 --> 01:12:05.140]  Gotcha.
[01:12:05.140 --> 01:12:06.140]  Okay.
[01:12:06.140 --> 01:12:09.140]  The court wants you guys to handle that out of court.
[01:12:09.140 --> 01:12:13.140]  If you can't handle it out of court, then ask the court to order it.
[01:12:13.140 --> 01:12:14.140]  Gotcha.
[01:12:14.140 --> 01:12:15.140]  Okay.
[01:12:15.140 --> 01:12:16.140]  Thanks.
[01:12:16.140 --> 01:12:17.140]  Okay.
[01:12:17.140 --> 01:12:18.140]  Thanks, Shane.
[01:12:18.140 --> 01:12:19.140]  Now we're going to go to Tim in Texas.
[01:12:19.140 --> 01:12:20.140]  Hello, Tim.
[01:12:20.140 --> 01:12:21.140]  Hello, sir.
[01:12:21.140 --> 01:12:23.140]  How are you this evening?
[01:12:23.140 --> 01:12:24.140]  I am good.
[01:12:24.140 --> 01:12:26.140]  What do you have for us today?
[01:12:26.140 --> 01:12:33.140]  Well, I was listening to you talk to Scott about the Declaratory Judgment.
[01:12:33.140 --> 01:12:50.140]  And that is what we have included in our case for our, let's see, against the, I guess it's against the city, right?
[01:12:50.140 --> 01:12:53.140]  And the district court.
[01:12:53.140 --> 01:12:54.140]  You're asking me.
[01:12:54.140 --> 01:13:00.140]  I don't have, okay, I wrote this, but I don't have it in my head at the moment.
[01:13:00.140 --> 01:13:08.140]  I think we asked for declaratory judgment in our constitutional challenge.
[01:13:08.140 --> 01:13:10.140]  Okay.
[01:13:10.140 --> 01:13:20.140]  We challenge the authority of the legislature to delegate its lawmaking power to a municipal
[01:13:20.140 --> 01:13:21.140]  corporation.
[01:13:21.140 --> 01:13:22.140]  Right.
[01:13:22.140 --> 01:13:28.140]  And see, that's the thing that Eddie keep hammering about ordinances.
[01:13:28.140 --> 01:13:43.140]  And I'm totally confused on why these cities across the universe are able to have these
[01:13:43.140 --> 01:13:53.140]  billions of dollars and fines of ordinances that they have written into their city charters,
[01:13:53.140 --> 01:13:57.140]  but yet they're not legal.
[01:13:57.140 --> 01:14:03.140]  Something's only illegal when it is declared to be illegal.
[01:14:03.140 --> 01:14:04.140]  Really?
[01:14:04.140 --> 01:14:17.140]  So we're saying that the cut for the legislature to delegate its lawmaking power to a municipality
[01:14:17.140 --> 01:14:20.140]  is a constitutional violation.
[01:14:20.140 --> 01:14:21.140]  Okay.
[01:14:21.140 --> 01:14:27.140]  But nobody's had a court rerule on that yet.
[01:14:27.140 --> 01:14:40.140]  Until a court says it's a constitutional violation, then the state will act as if it's not.
[01:14:40.140 --> 01:14:49.140]  Even a facially unconstitutional statute will stand until it's challenged.
[01:14:49.140 --> 01:14:50.140]  Okay.
[01:14:50.140 --> 01:14:59.140]  Now, if it's ruled unconstitutional, then the ruling carries all the way back to the
[01:14:59.140 --> 01:15:07.140]  time it was passed, because it is, if it's unconstitutional, it's void ab initio from
[01:15:07.140 --> 01:15:08.140]  the beginning.
[01:15:08.140 --> 01:15:09.140]  Right.
[01:15:09.140 --> 01:15:18.140]  But it won't be called void until somebody gets it ruled void, someone who has been harmed
[01:15:18.140 --> 01:15:27.140]  by the statute, who can then go to the court and bring that harm to the court and get the
[01:15:27.140 --> 01:15:36.140]  court to rule that this application of this law is unconstitutional.
[01:15:36.140 --> 01:15:39.140]  Does that make sense?
[01:15:39.140 --> 01:15:47.140]  Well, yeah, it's unfortunate that we're guilty until proven innocent, it seems.
[01:15:47.140 --> 01:15:51.140]  Well, yeah, sometimes it seems that way.
[01:15:51.140 --> 01:15:58.140]  But when it gets down to the appeals court where you bring the evidence, the evidence
[01:15:58.140 --> 01:16:00.140]  has to support a claim.
[01:16:00.140 --> 01:16:07.140]  And the trial courts as a rule, they're a lot less meticulous.
[01:16:07.140 --> 01:16:13.140]  So one of our rules is never expect to win in the trial court.
[01:16:13.140 --> 01:16:21.140]  According to Dr. Graves in Jurisdictionary, the only purpose for the trial court is to
[01:16:21.140 --> 01:16:24.140]  get the record set for appeal.
[01:16:24.140 --> 01:16:28.140]  You want to get the facts and law on the record for the appellate court.
[01:16:28.140 --> 01:16:30.140]  If you win in the trial court, wonderful.
[01:16:30.140 --> 01:16:34.140]  That's a bonus, but you don't expect to.
[01:16:34.140 --> 01:16:36.140]  Hang on, not to go to break.
[01:16:36.140 --> 01:16:44.140]  Randy Kelton, Deborah Stevens, Rule of Law Radio, our call in number 512-646-1984.
[01:16:44.140 --> 01:16:49.140]  We've got three more segments and we've got room on the call board.
[01:16:49.140 --> 01:16:52.140]  So if you have a question or comment, give us a call.
[01:16:52.140 --> 01:17:00.140]  We'll be right back.
[01:17:00.140 --> 01:17:01.140]  I love logos.
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[01:19:00.140 --> 01:19:28.140]  This is the Logos Radio Network.
[01:19:30.140 --> 01:19:45.140]  Okay, we are back.
[01:19:45.140 --> 01:19:52.140]  Randy Kelkin, Deborah Stevens, rule of law radio, and we're talking to Tim in Texas.
[01:19:52.140 --> 01:19:54.140]  Okay, go ahead, Tim.
[01:19:54.140 --> 01:20:02.140]  And then another thing is that all of this, you know, they're kind of harassing me.
[01:20:02.140 --> 01:20:07.140]  And we tried to get a restraining order, but that didn't fly.
[01:20:07.140 --> 01:20:16.140]  So they continued, and they first came after us for my forklift tractor and asphalt roller.
[01:20:16.140 --> 01:20:23.140]  So we went ahead and moved those within the 10-day period, and then we had to strike our parking lot within the 31-day period.
[01:20:23.140 --> 01:20:25.140]  So we did that.
[01:20:25.140 --> 01:20:34.140]  And then in the meantime, one of the vehicles that was in the initial fine that they find us,
[01:20:34.140 --> 01:20:40.140]  they sent us a letter with a citation on it.
[01:20:40.140 --> 01:20:53.140]  And they're saying that because it says, they started out by saying, per the city of Newark attorney A. Messer.
[01:20:53.140 --> 01:21:03.140]  Okay, so the vehicle was found to be adjudicated as a junk vehicle per the administrative hearing on May 30.
[01:21:03.140 --> 01:21:15.140]  The original offense, March 31, this vehicle should have been removed from the property during the 10-day compliance period, which ended April 21.
[01:21:15.140 --> 01:21:18.140]  The vehicle was registered on May 17.
[01:21:18.140 --> 01:21:20.140]  That's incorrect.
[01:21:20.140 --> 01:21:28.140]  After the date of compliance, this vehicle has also been stored on the property since January 18, 2017.
[01:21:28.140 --> 01:21:48.140]  So they're saying that even though it has antique registration plates on it and it is insured, that I can't have it there because it was found to be not in compliance with the original offense.
[01:21:48.140 --> 01:21:50.140]  Okay.
[01:21:50.140 --> 01:21:52.140]  How does that work?
[01:21:52.140 --> 01:22:02.140]  Yeah, good luck with that, guys. That goes to harassment, that goes to retaliation, 3,606 penal code.
[01:22:02.140 --> 01:22:29.140]  Well, apparently, because we've also found out today that we were notified, we have Court Monday, we were notified today that that person, that lawyer for the city who had them send me this citation for that vehicle being there has now retained another law firm, 3 lawyers,
[01:22:29.140 --> 01:22:36.140]  and they submitted their bar cards and everything to the court, let them know that they will be co-counsel.
[01:22:36.140 --> 01:22:42.140]  So what would you make of something like that?
[01:22:42.140 --> 01:22:46.140]  Not sure why they would do that.
[01:22:46.140 --> 01:22:57.140]  Do they not trust the council that they have, or do they believe the council they have will be disqualified because they're named?
[01:22:57.140 --> 01:22:59.140]  That's a good question.
[01:22:59.140 --> 01:23:13.140]  I mean, if I was council and they brought in another law firm under me, I would be concerned that they felt like they needed somebody to look over my shoulder.
[01:23:13.140 --> 01:23:26.140]  Well, I'm thinking to myself that for this code enforcement officer, okay, to say, I mean, usually when,
[01:23:26.140 --> 01:23:30.140]  it's like he's trying to clear himself.
[01:23:30.140 --> 01:23:40.140]  That's what I got as per the city of Newark Attorney A. Messer.
[01:23:40.140 --> 01:23:49.140]  Don't blame me. I didn't do this. The city attorney made me do this.
[01:23:49.140 --> 01:23:53.140]  That's what it sounds like to me, plausible deniability.
[01:23:53.140 --> 01:24:03.140]  And we've already established that if I'm reading it correct, this code enforcement officer has perjured himself.
[01:24:03.140 --> 01:24:10.140]  Now, you were talking earlier with someone else that you really didn't want to go after somebody with aggravated perjury.
[01:24:10.140 --> 01:24:12.140]  You wanted to try something a little lighter.
[01:24:12.140 --> 01:24:25.140]  Well, yeah, I would rather, in a normal case, in a normal case, I'd rather go after something light, but these guys haven't earned lightness.
[01:24:25.140 --> 01:24:32.140]  These guys are coming straight for you, so I wouldn't want to cut them even a half ounce of slack.
[01:24:32.140 --> 01:24:52.140]  My point that I was trying to bring is that even though he sent a timeline establishing that several of those vehicles that they found me guilty on were not illegal at the time of April the 21st is what they're saying.
[01:24:52.140 --> 01:25:04.140]  The compliance period, okay? It never said compliance period. It said that I could ask for a hearing if I disagreed.
[01:25:04.140 --> 01:25:11.140]  So there has to be some sort of due process. Like, they can't just come and say, well, you're illegal.
[01:25:11.140 --> 01:25:25.140]  And I say, well, I don't think I'm illegal because of this. I'm a repair facility. These vehicles are here to be repaired. They can't be roadworthy until they pass a safety inspection.
[01:25:25.140 --> 01:25:35.140]  They can't be registered until they pass a safety inspection. But since I'm a licensed safety inspector, I cannot inspect them until they are worthy of it.
[01:25:35.140 --> 01:25:53.140]  Otherwise, I would be breaking the law. So it goes, you know, they want me to do something that is illegal, apparently, or I'm going to be breaking another law.
[01:25:53.140 --> 01:25:54.140]  Wait a minute.
[01:25:54.140 --> 01:25:56.140]  Which is storing vehicles.
[01:25:56.140 --> 01:26:09.140]  So, well, they're not necessarily asking you to do something illegal. You could always pull them up on a trailer. If they're not legal for the street, you could put them on a trailer and that wouldn't be breaking the law.
[01:26:09.140 --> 01:26:14.140]  So there is a way to comply without breaking a law.
[01:26:14.140 --> 01:26:26.140]  However, there has to be issues here for a repair facility. And talk about the letter you got from a previous city inspector.
[01:26:26.140 --> 01:26:33.140]  Yeah. Yeah, he basically said that the.
[01:26:33.140 --> 01:26:37.140]  Okay, okay, qualify this guy. Tell us who he is first.
[01:26:37.140 --> 01:26:43.140]  Okay, he was a code enforcement officer for this city for 10 years. I knew the man.
[01:26:43.140 --> 01:26:47.140]  He wrote me up once.
[01:26:47.140 --> 01:26:50.140]  But not at my shop at my house. He did.
[01:26:50.140 --> 01:27:03.140]  But it says here, it says, to my knowledge, your business has always had open storage of vehicles, operable and inoperable being used in conjunction with and appropriate for an all repair facility.
[01:27:03.140 --> 01:27:18.140]  There were no adopted zoning and or junk vehicle ordinances at the time of your business's creation in the mid 90s. One of those ordinances, the junk vehicle ordinance was not adopted until eight nine of 01 three years prior to my leaving Newark.
[01:27:18.140 --> 01:27:28.140]  Your business was ruled exempt from the junk vehicle ordinance when it became effective back then due to being an existing business that preceded the ordinance adoption date.
[01:27:28.140 --> 01:27:34.140]  Grandfather's the term used in that situation. Newark, Texas had no zoning ordinance during my time.
[01:27:34.140 --> 01:27:46.140]  So you would also be grandfathered in zoning case issues as well as a retired chief building official federal inspector and formal chief building official at Newark, Texas is jurisdiction.
[01:27:46.140 --> 01:28:02.140]  It was still is my understanding that a grandfathered business is exempt from newly enacted regulations that are not detrimental life safety issues and that only when the business ceases or changes ownership that the new ordinances now include the new business owner.
[01:28:02.140 --> 01:28:15.140]  I am not an attorney, but I get one involved in this. I believe you have a valid basis for a defense against the city for trying to force you to comply with something you should be exempt from.
[01:28:15.140 --> 01:28:18.140]  That is wonderful.
[01:28:18.140 --> 01:28:23.140]  That makes sense.
[01:28:23.140 --> 01:28:35.140]  Tim has a hearing on the fifth on this issue on the motions we have to dismiss and at this hearing, you can bring up this letter.
[01:28:35.140 --> 01:28:36.140]  Okay.
[01:28:36.140 --> 01:28:47.140]  I think the judge will find it very enlightening, but you need the need a copy of the letter verified.
[01:28:47.140 --> 01:28:53.140]  How notary.
[01:28:53.140 --> 01:29:02.140]  Have him asking if he will have to have him convert that into an affidavit.
[01:29:02.140 --> 01:29:10.140]  Take the letter just like it is. Take it to a notary and have him sign it before an honoree.
[01:29:10.140 --> 01:29:12.140]  Send you that copy.
[01:29:12.140 --> 01:29:15.140]  And then you give it to the judge.
[01:29:15.140 --> 01:29:18.140]  Here, try this on.
[01:29:18.140 --> 01:29:20.140]  Okay.
[01:29:20.140 --> 01:29:26.140]  That should be interesting to see how they deal with that.
[01:29:26.140 --> 01:29:28.140]  Right.
[01:29:28.140 --> 01:29:32.140]  Well, this is okay.
[01:29:32.140 --> 01:29:38.140]  Okay, we'll have something good next week because you will have been to this hearing. I think you're going to get a good ruling.
[01:29:38.140 --> 01:29:46.140]  This is Randy Kelton, Deborah Stevens, rule of all radio are calling number 512-646-1984.
[01:29:46.140 --> 01:29:51.140]  We're about to go to break and we've got two more segments left and one more caller.
[01:29:51.140 --> 01:29:54.140]  So I'm not going to give out the call in.
[01:29:54.140 --> 01:30:02.140]  I'll just give out the call in, Deborah. It's probably too late to call in because of these.
[01:30:02.140 --> 01:30:10.140]  A Virginia company has brainstormed a new idea to house aging relatives, a prefab cottage that fits in the backyard of a family's home.
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[01:31:30.140 --> 01:31:36.140]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.140 --> 01:31:43.140]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
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[01:31:55.140 --> 01:31:58.140]  We are Americans and we deserve the truth.
[01:31:58.140 --> 01:32:01.140]  Go to RememberBuilding7.org today.
[01:32:01.140 --> 01:32:03.140]  Hey, it's Danny here for Hill Country Home Improvements.
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[01:32:59.140 --> 01:33:02.140]  We now actually be kidding about chemtrails.
[01:33:29.140 --> 01:33:47.140]  Okay, we are back.
[01:33:47.140 --> 01:33:49.140]  We're Andy Kelton, Debbie Stevens, Revolver Radio.
[01:33:49.140 --> 01:33:51.140]  We're talking to Tim in Texas.
[01:33:51.140 --> 01:33:56.140]  Okay, Tim, what else do we need to cover tonight?
[01:33:56.140 --> 01:33:59.140]  Well, if you've got somebody else on the line, you can go ahead and do that.
[01:33:59.140 --> 01:34:04.140]  I'm contacting Cliff right now on Facebook and see if he will get it notarized for me.
[01:34:04.140 --> 01:34:07.140]  When you say affidavit form, do you just mean...
[01:34:07.140 --> 01:34:08.140]  No.
[01:34:08.140 --> 01:34:10.140]  Just mean notarized.
[01:34:10.140 --> 01:34:11.140]  Just notarized.
[01:34:11.140 --> 01:34:12.140]  Just notarized.
[01:34:12.140 --> 01:34:14.140]  That makes it an affidavit.
[01:34:14.140 --> 01:34:18.140]  It doesn't have to have any special language or anything.
[01:34:18.140 --> 01:34:19.140]  Okay.
[01:34:19.140 --> 01:34:25.140]  It would help if you put in there that, you know, pull up an affidavit and look at it.
[01:34:25.140 --> 01:34:27.140]  There's a statement that you're...
[01:34:27.140 --> 01:34:34.140]  That everything you're stating in here is true to the best of your knowledge.
[01:34:34.140 --> 01:34:35.140]  Okay.
[01:34:35.140 --> 01:34:38.140]  Just look up an affidavit and get the standard form.
[01:34:38.140 --> 01:34:39.140]  All right.
[01:34:39.140 --> 01:34:40.140]  Okay.
[01:34:40.140 --> 01:34:41.140]  I hope we will.
[01:34:41.140 --> 01:34:43.140]  Okay, thank you, Tim.
[01:34:43.140 --> 01:34:46.140]  Now we're going to Olivier in Tennessee.
[01:34:46.140 --> 01:34:50.140]  Hello, Olivier.
[01:34:50.140 --> 01:34:51.140]  Hello.
[01:34:51.140 --> 01:34:52.140]  Hello.
[01:34:52.140 --> 01:34:57.140]  What do you have for us today?
[01:34:57.140 --> 01:35:06.140]  I just wanted to go over two paragraphs that I've been mulling over or looking at.
[01:35:06.140 --> 01:35:08.140]  It's for efficiency.
[01:35:08.140 --> 01:35:11.140]  It talks about the Motor Vehicle Act.
[01:35:11.140 --> 01:35:19.140]  It says it starts off the Motor Vehicle Act is not unconstitutional as making an arbitrary
[01:35:19.140 --> 01:35:29.140]  and unwarranted classification in that it requires professional chauffeurs or drivers of motor
[01:35:29.140 --> 01:35:39.140]  vehicles for hire to pay an annual license but exempt all other operators of such vehicles
[01:35:39.140 --> 01:35:43.140]  from tax and regulation.
[01:35:43.140 --> 01:35:44.140]  What...
[01:35:44.140 --> 01:35:47.140]  Where did that come from?
[01:35:47.140 --> 01:35:57.140]  That came from 1914, California case.
[01:35:57.140 --> 01:35:58.140]  Okay.
[01:35:58.140 --> 01:36:07.140]  And then I have another one that kind of is a little bit more expensive.
[01:36:07.140 --> 01:36:18.140]  It says a Motor Vehicle Act classifies drivers of automobiles into two classes, one professional
[01:36:18.140 --> 01:36:29.140]  chauffeur, and requiring them to obtain a license and pay an annual license fee of $2
[01:36:29.140 --> 01:36:44.140]  than other embracing all others who are not required to secure a license or pay license
[01:36:44.140 --> 01:36:55.140]  fee is sound classification and not arbitrary so as to constitute special legislation.
[01:36:55.140 --> 01:36:56.140]  Okay.
[01:36:56.140 --> 01:36:58.140]  How old is that case?
[01:36:58.140 --> 01:37:11.140]  This is 1914 and then reconfirmed in 1960.
[01:37:11.140 --> 01:37:12.140]  Okay.
[01:37:12.140 --> 01:37:14.140]  60 is pretty good.
[01:37:14.140 --> 01:37:21.140]  You might run that case, just do a search for that case and see if you can find other
[01:37:21.140 --> 01:37:26.140]  cases that reference that case.
[01:37:26.140 --> 01:37:37.140]  You want cases less than 20 years old because the rule of thumb is all the law is reaffirmed
[01:37:37.140 --> 01:37:44.140]  every 20 years so you want to find a later case and you're in Tennessee.
[01:37:44.140 --> 01:37:54.140]  This is a problem when we're depending on citations from outside of Tennessee because
[01:37:54.140 --> 01:38:00.140]  the transportation code is different in each state.
[01:38:00.140 --> 01:38:03.140]  The first case you quoted was a case out of California.
[01:38:03.140 --> 01:38:13.140]  It's addressing the transportation code as the transportation code was passed in California.
[01:38:13.140 --> 01:38:18.140]  May or may not have something to do with Tennessee's code.
[01:38:18.140 --> 01:38:22.140]  Does that make sense?
[01:38:22.140 --> 01:38:26.140]  Yeah, it makes sense.
[01:38:26.140 --> 01:38:39.140]  The way that I was looking at it, it was just giving us the rule that they are allowed to
[01:38:39.140 --> 01:38:41.140]  use the motor vehicle code.
[01:38:41.140 --> 01:38:46.140]  Those are the basic codes.
[01:38:46.140 --> 01:38:54.140]  It sounds like you're looking for things to verify how you already want things to be.
[01:38:54.140 --> 01:38:57.140]  That's why you're in California.
[01:38:57.140 --> 01:39:05.140]  You need to find that case law in Tennessee or because California case law will have no
[01:39:05.140 --> 01:39:13.140]  force or effect in Tennessee.
[01:39:13.140 --> 01:39:16.140]  These are state issues.
[01:39:16.140 --> 01:39:19.140]  Each state passed their own version of the transportation code.
[01:39:19.140 --> 01:39:25.140]  Now if this was a federal issue, you could bring California cases because the Fed applies
[01:39:25.140 --> 01:39:27.140]  to everybody.
[01:39:27.140 --> 01:39:30.140]  But the transportation code is a state issue.
[01:39:30.140 --> 01:39:34.140]  You can't use out of state cases.
[01:39:34.140 --> 01:39:42.140]  I was writing a plea deed today for my website and I found some really great case law then.
[01:39:42.140 --> 01:39:49.140]  I did a search for Texas case law but I didn't get Texas case law.
[01:39:49.140 --> 01:39:55.140]  Once I looked at it, none of it was out of Texas.
[01:39:55.140 --> 01:40:03.140]  So I had to take those cases and run the name of the case and then I put a space in Texas
[01:40:03.140 --> 01:40:11.140]  to see if I could find a document with this case in it and Texas in it to see if I can
[01:40:11.140 --> 01:40:21.140]  find some Texas case law that would get me to the same place.
[01:40:21.140 --> 01:40:24.140]  Does that make sense?
[01:40:24.140 --> 01:40:28.140]  Yeah, it makes sense.
[01:40:28.140 --> 01:40:35.140]  I thought I was talking about on the federal issue because I'm taking this to the federal
[01:40:35.140 --> 01:40:45.140]  as an arbitrary deprivation of use of the statute.
[01:40:45.140 --> 01:40:55.140]  Okay, so you're preparing a case that says the application of the transportation code,
[01:40:55.140 --> 01:41:00.140]  the particular application is unconstitutional.
[01:41:00.140 --> 01:41:02.140]  Right, the way that they use it.
[01:41:02.140 --> 01:41:09.140]  It's constitutional on the state, but the way that they apply it is unconstitutional.
[01:41:09.140 --> 01:41:17.140]  So when the state applies this statute to you, it violates your federal constitutional right
[01:41:17.140 --> 01:41:21.140]  to travel, liberty?
[01:41:21.140 --> 01:41:22.140]  Yeah, to liberty.
[01:41:22.140 --> 01:41:26.140]  It's right in use of automobile.
[01:41:26.140 --> 01:41:30.140]  That's what I found several courts calling it.
[01:41:30.140 --> 01:41:33.140]  Right to use automobile.
[01:41:33.140 --> 01:41:40.140]  Yeah, but if you're pulling the case out of California that addresses transportation,
[01:41:40.140 --> 01:41:45.140]  you're addressing the California Transportation Code.
[01:41:45.140 --> 01:41:51.140]  And that might indicate that the California Transportation Code, if applied this way,
[01:41:51.140 --> 01:41:57.140]  was unconstitutional, but the California Transportation Code and the Tennessee Transportation Code
[01:41:57.140 --> 01:42:01.140]  necessarily look alike.
[01:42:01.140 --> 01:42:11.140]  So if you're saying the application of the law violates in Tennessee, violates the federal
[01:42:11.140 --> 01:42:18.140]  constitution, you're going to have to find case law that specifically addresses Tennessee
[01:42:18.140 --> 01:42:26.140]  transportation code as it applies to the federal constitution.
[01:42:26.140 --> 01:42:28.140]  Yeah, I understand that.
[01:42:28.140 --> 01:42:32.140]  I wasn't trying to make that connection.
[01:42:32.140 --> 01:42:38.140]  I was just looking at the statute and the way they written it, it was a lot clearer.
[01:42:38.140 --> 01:42:40.140]  It means the same thing.
[01:42:40.140 --> 01:42:46.140]  I'm not trying to use the statute, but it was just to reassure that I'm going down the right path
[01:42:46.140 --> 01:42:59.140]  because in their wording, it says that their motor vehicle act is for drivers who require licenses
[01:42:59.140 --> 01:43:02.140]  and others who don't require licenses.
[01:43:02.140 --> 01:43:07.140]  So there's a lot with the statute.
[01:43:07.140 --> 01:43:15.140]  Okay, one of the problems with that is it was too old and it was probably that case was prior to
[01:43:15.140 --> 01:43:25.140]  the state of California applying the driver's license requirement to everyone.
[01:43:25.140 --> 01:43:30.140]  So it's just old case law, it doesn't apply anymore.
[01:43:30.140 --> 01:43:39.140]  You got case law in Tennessee that said that the state of Tennessee could require a license from everyone
[01:43:39.140 --> 01:43:41.140]  and not be unconstitutional.
[01:43:41.140 --> 01:43:45.140]  Hang on, Randy Kelton, Deborah Stevens, rule of law radio.
[01:43:45.140 --> 01:43:47.140]  I'm not going to give out the calling number.
[01:43:47.140 --> 01:43:49.140]  We're going to our last segment.
[01:43:49.140 --> 01:43:51.140]  Segment, segment.
[01:43:51.140 --> 01:44:20.140]  We'll be right back.
[01:44:21.140 --> 01:44:47.140]  We'll be right back.
[01:44:47.140 --> 01:45:02.140]  We'll be right back.
[01:45:02.140 --> 01:45:28.140]  We'll be right back.
[01:45:28.140 --> 01:45:54.140]  We'll be right back.
[01:45:54.140 --> 01:46:20.140]  We'll be right back.
[01:46:20.140 --> 01:46:49.140]  We'll be right back.
[01:46:49.140 --> 01:46:55.140]  I got that California case on my mind.
[01:46:55.140 --> 01:47:07.140]  Okay, Olivier, explain the position you're trying to address.
[01:47:07.140 --> 01:47:10.140]  Oh, okay, we can probably hear you better if I unmute you.
[01:47:10.140 --> 01:47:13.140]  Okay, try that again.
[01:47:13.140 --> 01:47:20.140]  The position I'm trying to address is that all the states that I look at, they refer to motor vehicles,
[01:47:20.140 --> 01:47:25.140]  which is a police-enpowered authority that they do have.
[01:47:25.140 --> 01:47:33.140]  The case in Tennessee that you keep on talking about says that, yes, they do have the right to regulate the motor vehicle.
[01:47:33.140 --> 01:47:41.140]  The issue that the guy had, Barnard, was he kept on referencing his automobile as a motor vehicle.
[01:47:41.140 --> 01:47:47.140]  The courts have ruled that motor vehicles are different than automobiles.
[01:47:47.140 --> 01:47:52.140]  And the point I was trying to make was that when I look at these other state statutes,
[01:47:52.140 --> 01:48:00.140]  they've written their statutes or they've written it in a way where you can see that there's people,
[01:48:00.140 --> 01:48:04.140]  there's motor vehicles, which are required to have a license,
[01:48:04.140 --> 01:48:13.140]  and others who use similar vehicles but are not required to have a license.
[01:48:13.140 --> 01:48:19.140]  The problem with that particular statute, it was 1919.
[01:48:19.140 --> 01:48:20.140]  Right.
[01:48:20.140 --> 01:48:23.140]  And you said it was reaffirmed.
[01:48:23.140 --> 01:48:32.140]  The problem with the fact that it was reaffirmed is generally these cases have more than one issue.
[01:48:32.140 --> 01:48:40.140]  You need to jeopardize the case in order to find out what was reaffirmed.
[01:48:40.140 --> 01:48:45.140]  What issue in this case was reaffirmed in 1960?
[01:48:45.140 --> 01:48:49.140]  It may be the issue you're addressing and it may not.
[01:48:49.140 --> 01:48:51.140]  This is something we need Ken Magnuson on.
[01:48:51.140 --> 01:48:58.140]  He's very good at addressing these kinds of issues in case law.
[01:48:58.140 --> 01:49:08.140]  But what I would consider doing is look at, if you're going to use a California case,
[01:49:08.140 --> 01:49:17.140]  then look at the Tennessee Transportation Code and the same sections in California Code
[01:49:17.140 --> 01:49:32.140]  and see if they're written essentially the same because the feds got all of the states to adopt a model transportation code.
[01:49:32.140 --> 01:49:35.140]  And then the states made their own adjustments.
[01:49:35.140 --> 01:49:38.140]  So for the most part, they're very similar.
[01:49:38.140 --> 01:49:45.140]  So if you show that the portion of the code that's being addressed here in this California case
[01:49:45.140 --> 01:49:49.140]  is essentially the same as that section of the code in Tennessee,
[01:49:49.140 --> 01:49:54.140]  then you can use this case as an advisory to say,
[01:49:54.140 --> 01:50:03.140]  this is how this legislature or this appeals appellate court system viewed this issue.
[01:50:03.140 --> 01:50:14.140]  While it's not controlling in Tennessee, then it becomes relevant to the case and advisory.
[01:50:14.140 --> 01:50:16.140]  I wasn't going to use the California case.
[01:50:16.140 --> 01:50:22.140]  It's just that I was studying abroad and looking at all different cases and seeing what was the obvious.
[01:50:22.140 --> 01:50:28.140]  The obvious was that there were people who are in the class and people who are not in the class.
[01:50:28.140 --> 01:50:30.140]  So I can back to the federal...
[01:50:30.140 --> 01:50:38.140]  People who fall under the statutory scheme and people who do not fall under the statutory scheme.
[01:50:38.140 --> 01:50:39.140]  Right.
[01:50:39.140 --> 01:50:46.140]  So I went back to the federal point of it and looked at it and looked at the definitions that they have for motor vehicles.
[01:50:46.140 --> 01:50:49.140]  A motor vehicle engages in commerce.
[01:50:49.140 --> 01:50:52.140]  And I looked at the definition for automobile.
[01:50:52.140 --> 01:50:57.140]  Automobile was a household item or consumer goods.
[01:50:57.140 --> 01:51:11.140]  So then I started realizing that, well, a household item and a consumer goods that's not used for profit on the road is an automobile.
[01:51:11.140 --> 01:51:13.140]  It's your personal property.
[01:51:13.140 --> 01:51:21.140]  You have a right to use it without having the qualification of a license for a motor vehicle.
[01:51:21.140 --> 01:51:34.140]  You said the federal court or the federal jurisdiction gave the state the authority to regulate transportation codes and the requirements that are required.
[01:51:34.140 --> 01:51:49.140]  So if they're pushing transportation code on individuals that are not using the streets for commerce or compensation, then they are abusing their power.
[01:51:49.140 --> 01:52:02.140]  Okay, I'm thinking how do we get this set up so that we can cram it down a traffic court's throat?
[01:52:02.140 --> 01:52:06.140]  First, we need a good effective brief.
[01:52:06.140 --> 01:52:16.140]  We brief out the consistent meanings of the term motor vehicle and automobile.
[01:52:16.140 --> 01:52:41.140]  And then we show the application of the commercial transportation code to the two different entities and then go in with a declaratory judgment suit and ask the court to rule that an automobile is a motorized conveyance used for private travel.
[01:52:41.140 --> 01:52:50.140]  And a motor vehicle is a commercial, is a motorized conveyance used for commercial transportation.
[01:52:50.140 --> 01:52:54.140]  We get that in a declaratory judgment suit.
[01:52:54.140 --> 01:52:56.140]  That becomes collateral stop.
[01:52:56.140 --> 01:53:10.140]  What rulings would we need so that when you address the issue of private travel, we would have them in place in a declaratory judgment suit.
[01:53:10.140 --> 01:53:21.140]  I would have to have a ruling that an automobile is a lawful means of conveyance and I have cases that relate to that.
[01:53:21.140 --> 01:53:34.140]  It states that the automobile has the same rights as horse, drawing carriages, and wagons.
[01:53:34.140 --> 01:53:37.140]  What are those rights?
[01:53:37.140 --> 01:53:48.140]  They have the right to use the road in the ordinary use of life and pleasure.
[01:53:48.140 --> 01:54:12.140]  The reason I asked that question is the first licensing of a conveyance was done in, I think it was Cleveland, Ohio, not I'm sorry, in Pennsylvania, not Pittsburgh, the one that's right on the river right next to New Jersey.
[01:54:12.140 --> 01:54:19.140]  And they had carriage drivers taking people across the bridge into New Jersey.
[01:54:19.140 --> 01:54:30.140]  And there were so many of them on the roads that people with ordinary carriages were having trouble accessing the bridge.
[01:54:30.140 --> 01:54:45.140]  So they decided that since they were crossing the bridge from one state to another, that it went to interstate commerce and they could require that these carriages get licenses.
[01:54:45.140 --> 01:54:50.140]  So the first licenses were to horse-drawn conveyances.
[01:54:50.140 --> 01:54:51.140]  Right.
[01:54:51.140 --> 01:55:00.140]  So that's why when you made the reference to, they're the same as wagons or carriages.
[01:55:00.140 --> 01:55:01.140]  All right.
[01:55:01.140 --> 01:55:03.140]  Well, it's in the ordinary use.
[01:55:03.140 --> 01:55:08.140]  When you use the road to make profit, that's an extraordinary use.
[01:55:08.140 --> 01:55:20.140]  And the extraordinary use falls underneath the policing powers of the state or the federal government.
[01:55:20.140 --> 01:55:21.140]  Just look at that.
[01:55:21.140 --> 01:55:36.140]  And what underlying, if you come at them and it's clear where you're going and it's a place they don't want you to go, the court's going to rule against you out of hand at every turn.
[01:55:36.140 --> 01:55:38.140]  It's what they do.
[01:55:38.140 --> 01:55:42.140]  But judges are human beings.
[01:55:42.140 --> 01:55:56.140]  And what judges like to do is they like to take two parties who are at odds and they have a highly technical legal issue that is between the two parties.
[01:55:56.140 --> 01:56:06.140]  And the judge likes to look at those two issues and decide how they should be treated.
[01:56:06.140 --> 01:56:15.140]  You get better rulings from judges if you bring them really hard questions, really intricate legal questions so they can do what they do best.
[01:56:15.140 --> 01:56:34.140]  So how can we bring judges laser-focused issues and ask them to give us a declaration of what is met in this statute as applied in this way?
[01:56:34.140 --> 01:56:49.140]  What rulings would we need in our favor so that when we stack them all together, the court cannot rule against us?
[01:56:49.140 --> 01:56:51.140]  I'm not really asking that question.
[01:56:51.140 --> 01:56:53.140]  That's kind of a rhetorical question.
[01:56:53.140 --> 01:56:55.140]  But it is something we want to think about.
[01:56:55.140 --> 01:57:03.140]  If we can start developing some declaratory judgment suits because they don't look so intimidating.
[01:57:03.140 --> 01:57:06.140]  You're not asking for damages from anybody.
[01:57:06.140 --> 01:57:10.140]  You're not trying to take something from another party.
[01:57:10.140 --> 01:57:16.140]  You're just asking the court to give you a good definitive ruling.
[01:57:16.140 --> 01:57:25.140]  We might be able to get the courts to give us those rulings outside the context of the overall issue.
[01:57:25.140 --> 01:57:32.140]  Am I making sense, Olivier?
[01:57:32.140 --> 01:57:33.140]  I guess not.
[01:57:33.140 --> 01:57:36.140]  I'll have to work on how to craft this.
[01:57:36.140 --> 01:57:45.140]  But the more I look at declaratory judgment suits, the more I like the idea of them and the more powerful they appear to be.
[01:57:45.140 --> 01:57:48.140]  I know Scott is having some good luck with them.
[01:57:48.140 --> 01:57:53.140]  But we'll talk about this off the air, I'm sure.
[01:57:53.140 --> 01:57:58.140]  But when you call me off the air, you call me early.
[01:57:58.140 --> 01:58:02.140]  11 o'clock in the day, my phone fires up.
[01:58:02.140 --> 01:58:07.140]  One day, a couple of weeks ago, I took 68 calls in one day.
[01:58:07.140 --> 01:58:09.140]  And they generally don't start until about 10 or 11.
[01:58:09.140 --> 01:58:17.140]  So if you call me early, if anybody wants to call me and address any issues, call me earlier rather than later.
[01:58:17.140 --> 01:58:18.140]  We are out of time tonight.
[01:58:18.140 --> 01:58:22.140]  This is Randy Kelton, Denver Stevens, rule of law radio.
[01:58:22.140 --> 01:58:27.140]  We'll be back tomorrow night for our four hour info mirror.
[01:58:27.140 --> 01:58:35.140]  Working on someone that I may want to bring on as a guest, he has someone who's been in jail for 35 years.
[01:58:35.140 --> 01:58:40.140]  When he was only given a sentence of them and put him in jail for eight years.
[01:58:40.140 --> 01:58:46.140]  But because he won't admit that he committed the crime, they've had him in for 35 years.
[01:58:46.140 --> 01:58:48.140]  We'll talk about that tomorrow night.
[01:58:48.140 --> 01:58:50.140]  Thank you all for listening.
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